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MEMORANDUM
Planning and Environmental Commission
Community Development Department
June 8, 1998
A worksession to discuss a request for an amendment to a previously approved
development plan for the Timber Falls Development, located at 4469 Timber Falls
CourUunplatted.
Applicant: RAD Five L.L.C., represented by Greg AmsdenPlanner: Dominic Mauriello
EAiblt{ I
TO:
FROM:
DATE:
SUBJECT:
BACKGROUND AND DESCFIPTION OF THE BEQUEST
The Planning and Environmental Commission (PEC), at its April 13, 1998 meeting, found that
Phase X (Building #19) of Timber Falls has a vested development right for one structure in the
exact form, size, density [6 dwelling units], and configuration as Building #18 and that anything
in addition to or different than specifically that, will require a PEC review and approval of an
amended plan.
Subsequently, on April 27,1998, the PEC gave the applicant direction to amend the development
plan by proposing single-family and duplex development.
The applicant is now requesting approval of an amended development plan for the site of
Building #19. The proposal provides 3 building envelopes (A, B, and C) and a total of 4 dwelling
units. Building envelope "C" would contain a duplex structure. The applicant has provided a site
plan of building site #19 only (no building forms or plans have been provided). Staff has
requested from the applicant an overall site plan of the development so that access and Fire
Department access could be evaluated and a description of how access easements would be
established to the site. This information has not been provided to the staff in a time frame that
has allowed a review to take place and therefore the applicant has requested this item be placed
on the agenda as a worksession.
Building envelopes "A" and "B" would allow for 1,950 sq. ft. of GRFA each and building envelope
"C"wouldallowfor3,425sq.ft.of GRFAforatotalsiteGRFAotT,32Ssq,ft. ThePEC,atits
April 13, 1 998 meeting, determined that the applicant is entitled to the GRFA contained in
Building #18, which is 6,541 sq. ft. Additionally, statf has digitized the floor plans for Building
#20, which the applicant refers to with respect to GRFA for Building #19, and has determined
that Building #20 contains 7,275 sq. ft. of GRFA. Statf also analyzed this site in accordance with
the LDMF zone district. This site, looked at as a stand-alone building site, would allow for 8,180
sq. ft. of GRFA, 5 dwelling units, and 11,922.6 sq. ft. of site coverage (see Zoning Analysis).
The proposal includes enclosed two-car garages for each of the dwelling units located on-site.
The Zoning Regulations require 2 parking spaces per dwelling unit. The applicant has provided 4
parking spaces per dwelling unit.
The proposed building envelopes include areas that are unbuildable. The Zoning Regulations
prohibit development in this zone district on slopes greater than 40%. Staff requested that the
applicant revise the building envelopes to exclude these areas and also exclude the areas where
there are substantial number of trees on-site (Building envelope "B"). The applicant does not
wish to amend the building envelopes, but has stated that they would not affect these areas with
development. Staff believes that when creating building envelopes, as has occurred numerous
times in the past, that they specilically exclude areas which are unbuildable, otherwise, staff
believes there is no use in creating such envelopes. Buibing envelopes are intended to indicate
areas where development should occur and therefore, must exclude unbuildaUe areas.
Additionally, the language used on plats today by the Town of Vail does not allow any grading
associated with a structure outside of a building envelope. The proposed plan shows retaining
walls within the area ot 40/" slope and outside of the building envelope (envelope "B" and "C").
The applicant is proposing a pedestrian path and easement on the western portion of the site.
II. ZONING ANALYSIS
Zoning:. Low Density Multiple Family
Hazards: High and Moderate Debris Flow
High Severity Rockfall
Snow Avalancho Area of lnfluence
Lot area: 34,064.7 sq. ft. (0.782 acres)
Buildable arca 24,269.8 sq. ft. (0.557 acres)
Standard
GRFA:
Density:
Site Coverage:
Building height:
Landscape area:
AIIowed LDMF
8,180 sq. ft.
5 dwelling units
11,922.6 sq. ft. (35%)
38'sloping
Allolred Building fl8
6,541 sq. ft.
6 dwelling units
Proposed
7,325 sq. ft.-
4 dwelling units
10,245 sq. ft. (30%)
35'sloping
19,897.7 sq. ft. (58%)
a
nla
13,625.88 sq. ft. (40old nla
Note: .A zone check of building f20, reveals a total GRFA ot 7,275.
III. STAFF RECOMMENDATION
No recommendation has been provided as this is a worksession. Statf has provided the
following list of issues that should be addressed prior to final approval:
1.
2.
3.
The applicant provide an overall site plan of the entire development which clearly
shows access to this site prior to scheduling for DRB review of the proposal.
The site plan meet all development standards utilized by the Town of Vail and that
this approval is accepted only as a preliminary grading and layout plan. A detailed
plan shall be required prior to scheduling for DRB review of the proposal.
The building envelopes be amended to remove areas containing 40% or greater
slopes and the large stand of trees located in envelope "B."
4. All grading associated with buildings on-site be contained within the building
envelopes.
5. Prior to DRB review of the proposal, the property be appropriately platted. The
plat shall include all building envelopes, all proposed easements (including off-site
access easements), development standards (including number of dwelling units,
GRFA, and site coverage) and include the following note:
All future development will be restricted to the area within the platted
building envelopes. The only development permitted outside the platted
building envelopes shall be landscaping, driveways and retaining walls
associated with driveway construction. At-grade patios (those within 5' of
existing or finished grade)will be permitted to project beyond the building
envelopes not more than ten feet (10') nor more than one-half (yz\ fie
distance between the building envelope and the property line, or may
project not more than five feet (5') nor more than one-fourth (7c) the
minimum required dimension between buildings.
6. Prior to DRB application, the applicant shall provide a site-specific hazard report
for the development in accordance with the Zoning Regulations.
7. The applicant shall revise the total GRFA for this development site to 6,541 sq. ft.
FlEVERYONE\PEC\I',EMOS\g8\TIM BFALL.608
'(Ihe-.!eha!9ts at Timber Falls"
Applicant's Proposal:
The applicant is proposing to amend the previously approved development plan for Site #19 of
Timber Falls Condominiums. The following amendments are proposed:
1. Reduce density from 6 residential units to 4 residential units.
2. Changing the residential structures from a condominium format to a single.famity
or duplex format.
3. Maintain the 7,325 sq.ft. of GRJ'A indicated by the approved plan for Building
#20. Site #19 is the last undeveloped parcel in Timber Falls and contains 24,270
sq.ft. of net buildable area.
The applicant has established defined building envelopes for three structures (l duplex and 2
single family homes) proposed. No structure shall be located within 15-feet of an adjacent unit
in accordance with past treatment of single-family conversions within the LDMF zone district.
Exterior materials will be similar to those products used in the existing buildings at Timber
Falls... Stucco base with natural wood siding, possibly some stone accents. Development
standards for this LDMF zoning district shall be adhered to under this proposal. Site #19 shall
become part of the Timber Falls master association.
Upon PEC approval of this proposed amendment to the development plan, a formal plat
defining the GRFA, density, building envelopes, 40% slope and 100-year flood plain (non-
buildable) areas, easements and site boundaries shall be submitted by applicant for review and
approval by the Town of Vail.
The Chalets
Buildine #20 at Timber Falls
Density 6units 4units
GRFA 7,325 sq.ft. Unchanged
Building Height ? 35,
Parking Spaces Unknown, 8 Enclosed
All parking offsite 8 Uncovered
All parking on-site
o
CondomHistory of Timber Falls rntums:
Ownership
The Timber Falls project has been under the same ownership (Timber Falls Associates) since
original work began to develop the property n 1972.
Eagle County
The 2 I .8 acre site was received Sketch Plan approval from the Eagle county on January 3,
1973 , for Lots I -7, Timber Falls Subdivision. The lots were zoned multi-family and each lot
was to contain several condominium buildings. The breakdown is shown below:
Lot I Future site of Glen Falls Subdivision.
Lot 2 Avalanche area and recreational amenities.
Lot 3 Buildings 17, 18, 19 and 20.
Lot 4 Buildings 1,2,3,4,5,6, andT.
Lot 5 Buildings 14, 15 and 16.
Lot 6 Buildings 10, ll and 12.
Lot 7 Buildings 8 and 9.
The owner performed extensive avalanche studies, which are well documented in the remaining
files at the Eagle County Planning Department, to satisfy zoning authorities at the time. The
avalanche area was required specific mitigation and only recreational amenities were allowed
to be constructed in this area.
Buildings #l-9 (44 units on 2.5 acres) were approved and permitted through Eagle county
prior to annexation of the Timber Falls parcel into the Town of Vail on November 4, 1974.
Town of Vail
The Town of Vail annexed the subject property on November 4, 1974. Annexation
documentation on file at the town does not reference any density or developer improvement
requirements.
In 1976, a development plan Town (see Exhibit "A' - Development PlarL obtained from files at
the Town of Vail) was filed with the Town of Vail outlining the overall Timber Falls site plan
and showing a total of 19 building sites (there was no Building #13). Buildings #10, I I and 12
were approved, permitted and constructed between 1976 and1978.
In 1978, the Town of Vail Planning Department requested a master plan be submitted outlining
the proposed "build out" for the remaining development in the Timber Falls project. According
to the owner, this plan was submitted and approved by the Town ( see Exhibit "B" - Master
Plan, obtained from files at the Town of Vail). This approved Master Plan cleady defines the
remaining development as 7 buildings containing a total of 48 units. The breakdown is shown
below:
Building #14
Building #15
Building #16
Building #17
Building #18
Building #19
Building #20
Total Density
7 Units
7 Units
l0 Units
6 Units
6 Units
6 Units
6 Units
48 Units
The approved plans for each ofthese buildings, excluding Building #19, are contained in the
files of the Town of Vail. Both the approved site plans for Building #18 and Building #20 (See
Exhibit "c") specifically denote the proposed location and size (identical to the 6-unit
configurations in Building #18 and Building #20) of Building #19.
Buildings #14 through #18 and Building ll20 were all constructed in accordance with the
approved building and site plans on record at the Town of Vail, and the Master Plan filed in
1978.
After receiving inquiries and an offer for the purchase of Site #19 at Timber Falls, the owner
approached the Town of Vail Planning Department regarding the remaining GRFA available in
the project. A response letter from Tim Devlin at the Planning Department (See Exhibit "D"),
dated March 3,1993, indicated the remaining GRFA as 38,657 sq.ft..
A second letter from Tim Devlin at the Planning Department (See Exhibit "E'), dated March
I l, 1993, questioned the accuracy ofthe previously represented GRFA number and
recommended using it only as a "rough estimate" until such time as a stamped suwey confirms
the site area and net "buildable" area. Much to the surprise of the owner and contrary to the
development plan and master plan on file in the records of the Town of Vail, the letter goes on
to indicate a remaining density of 2 units for Site #19 at Timber Falls.
The owner responded in a letter to Tim Devlin (See Exhibit "F'), dated March 17, 1993,
stating that the Town of Vail's analysis was flawed. If the Town's technique of using current
zoning criteria in 1993 (disregarding all past approvals) to analyze the remaining density in the
Timber Falls project, then the Town must focus their current zoning standards in 1993 to those
lands annexed into the Town in 1974, or 10.575 acres. This approach would arrive at a
remaining density of 23 units and a even higher remaining GRFA for Site #19. No further
discussions or any applications were filed at this time.
Purpose of Application:
The applicant, AMS Development, Inc. (Greg Amsden) negotiated a contract on December 29,
1997, to purchase Site #19, Timber Falls condominiums, from the owner. The applicant
requested verification ofexisting density and GRFA for the subject parcel from the Town of
Vail Planning Department in early January, 1998. After approximately 30 days of discussions
involving the Town of vail planning stafi, town attorney, owner, applicant and applicant's
attorney, the Town of vail responded in a letter to the applicant (see Exhibit "G'), dated
February 9, 1998. , and further stated that the decision as to existing density for Site #19
cannot be determined by the planning staf or the Town attorney. According to state statute,
this decision must be determined by a commission or Board seated at the Town of vail.
In the April 13, 1998, meeting of the PEC, it was determined that there was a existing
development plan for Building #19 that included 6 units. The PEC further determined that any
modification to the original density or square footage ofthe originally planned building would
require PEC review and approval.
Utilizing the stamped and approved set of plans for Building #20 from the Town of Vail files,
the applicant determined the GRFA of this building to be 7,325 sq.ft.
In the April 27, 1998, meeting of the PEC, the applicant requested a work session to further
clarify the PEC's decision in regards to what development format, density and GRFA is
reasonable in the eyes of the PEC for Site #19. On a conceptual review, the PEC gave the
applicant direction that (l) single family or duplex structures would be considered, (2) density
would have to be reduced if more site coverage was proposed by applicant, and (3) the GRFA
for Site #19 would need to comparable to similar buildings within the original development
plan (the 7,325 sq.ft. contained in Building #20 was discussed).
Fr?coPY
TOWN OF VAIL
D e partme nt of C o mmuniry D eve lop me nt
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
May 20, 1998
Greg Amsden
AMS Development, Inc.
500 S. Frontage Road East, Suite I l2
Vail, CO 81657
RE: Timber Falls - Proposed amendment to development plan
Dear Greg:
The Community Development Depaftment has reviewed your preliminary plans to construct 4
dwelling units on building site 19 in the Timber Falls development. The following
comments/revisions need to be addressed:
Il.The proposed building envelopes need to exclude areas that contain 40Yo or greater
slopes. Additionally, the building envelopes should exclude the large cluster of Aspens
shown on Site B. Please revise the proposed building envelopes.
There shall not be grading ofthe building sites outside ofthe proposed building envelopes.
Additionally, no grading shall occur in areas of 40V, or greater slope. Please rcvise the
plan accordingly.
Site 19, as suweyed, includes areas located in Debris Flow Moderate Hazard and snotv
avalanche. Please provide a site specific hazard report for the proposed improvemcnts.
This report shall be prepared by a professional engineer or geologist.
Driveway access to a site containing more than 4 dwelling units and less than I I dwelling
units is required to be 20'in width. The proposed plan does not meet this requirement.
The driveway width for 3 dwelling units or less is l2'. Please revise the plan accordingly.
A smaller scale plan needs to be provided showing existing improvements from the public
street to the development site. Fire Departmcnt access requircments cannot be evaluated
Page I of2
2.
3.
4.
5.
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wirhout a complete iit6'ptan. A fire truck will need to be able to tumaround within 150' of
the staging area.
6. The site plan must show adcquate room fol backing and turnaround ofvehicles on-site.
As proposed the plan does not adequately provide the required 20' centerline radius for
backing and tumaround ofvehicles. Please rcvise the plan to accurately show the backing
radii.
7. Please provide a written statement indicating how "legal" access to the propeffy will be
obtained or provided for. Will an easement be recorded?
8. Please provide spot elevations at the edgc of the existing drive where you plan to tie into
with the proposed driveway.
9. Snow storage areas need to equal 30% ofthc paved lot area. These areas must be
accessible to plowing and must not contain obstructions which prevent use of snow
storage area. Please provide calculations for the proposed snow storage areas.
10. The proposed pedestrian easement is located very close to the proposed building envelope
for Site A. You may want to consider providing some distance betrveen any proposed
envelope and this path.
1 I . Staff has evaluated site l9 based on the survey provided and based on the LDMF zoning.
The analysis provides:
L.ot area: 34,064.7 sq. ft. (0.782 acres)
Buildable area: 24,269.8 sq. ft. (0.557 acres)
Standard Allowed LDMF Allowed Buildine # I 8 Proposed
GRFA: 8,180 sq. ft. 6,541 sq. ft. 7'325 sq. ft.*
Density: 5 dwelling units 5 dwelling units 4 dwelling units
Site Coverage: ll,922.6 sq. ft. (35%) nla 10'245 sq. ft. (30%)
Note: A zone check of building #20, reveals a total GRFA of 7,275.
It appears that based on a complete analysis of the site, that your proposal complies with
the LDMF zone stanards above, when looking at site l9 individually.
Page 2 of 2
RICH AND KRUSEN DESIGN, INC,
A'RCHITECTU I{E AND DEVELOPMENT
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May 29, 1998
Dominic Mauriello
Town of Vail Community Development
re: Lot 19 Timber Falls - Proposed amendment to development plan
Dear Dominic:
These drawings should address your letter of May 20 to Greg Amsden as follows:
1. We would like to leave the building envelopes as proposed, with the
understanding that no buildings will encroach into the 40% slope, and that the
significant trees in envelope B shall be preserved. These two conditions are
stated on the proposed development plan, Sheet 2 of the drawings.
2. We have not proposed any change in the grades within the 40% slope. As for
grading outside of the building envelope, it is impossible to achieve driveway
access and drainage without it.
A site specific hazard report will be provided to you when Art Mears returns.
We expect that to be before the PEC meeting on the 8th.
I have adjusted the driveway to be 20 feet wide.
An overall plan of the project will be provided to you by Greg Amsden.
I have indicated the backing radii for vehicles on site.
Legal access to the property will occur across Limited Common Elements. The
property seller can provide you with a statement to that effect, if necessary.
I have provided a spot elevation at the existing pavement.
I have indicated pavement and snow storage square footage on the Proposed
Site plan, Sheet 3.
5.
4.
5.
6.
7.
8.
9.
1O.The existing pedestrian path is actually almost entirely on the Phase 9 property,
however, there is not easement for it. We are willing to provide an easement as
shown, but the path will stay where it is.
Thank you for your help. lf I can be of any further assistance, please do not
hesitate to contact me.
Sincerel
Rich and Krusen Design, Inc.
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John Schofield asked if the applicant had anything to add. He did not. He then asked for anypublic comment. There was none.
Brian Doyon had no comments.
Galen Aasland said he would like the construction signage to be approved by the Town of Vail.
Galen Aasland made a motion for approval, in accordance with the staff memo, with the
condition that the construction signage be brought into compliance with the Town of Vail
regulations.
Ann Bishop seconded the motion.
The motion passed by a vote of 4-0.
3. A request for additional GRFA, utilizing the 250 ordinance, to allow for the conversion of a
garage to GRFA, and for the expansion of the mechanical room, located at 345 Mill Creek
Circle/Lot 14, Block 1, Vail Village 1st.
Applicant: Lee M. Bass, represented by Snowden and HopkinsPlanner: George Ruther
George Ruther gave an overview of the staff memo.
John Schofield asked if the applicant had anything to add. He did not. He then asked for any
public comment. There was none.
Tom Weber asked George to review the residences on lhe lot.
George Ruther explained the applicant's residence.
There were no comments from the rest of the Commission.
Ann Bishop made a motion for approval in accordance with the staff memo, with the condition
that the Public Works Department review and approve the proposed parking plan.
Brian Doyon seconded the motion.
The motion passed by a vote of 5-0.
4. A worksession to review an amendment to a previously approved plan for the Timber
Falls Development, located at 4469 Timber Falls CourUunplatted.
Applicant: RAD Five L.L.C., represented by Greg AmsdenPlanner: Dominic Mauriello
Dominic Mauriello gave an oven,iew of the staff memo, Dominic stated that the PEC had
directed him to obtain the site coverage for Building 19, which was approximately 2600 sq. ft.
Planning and Enrironmcntal Commission
Minutes
June 8, 1998
John Schofield asked if the applicant had anything to add.
Greg Amsden, with AMS Development, explained that he was developing the site along with hispartners. He stated, regarding item #3 in the staff memo, that the 40% slope was a strict
interprelation and left a jagged edge and if they followed the edge, they would have to jog making
surveying more difficult. He said theycould not build inlo a4Oo/o slope, but theywould bewilling
to plat restrict the 40% slope area and the area containing lrees to preserve them. He said,
regarding item #4, that he assumed the driveway and drainage would need to be graded outside
of the envelope.
Dominic Mauriello said grading pertaining to access was excluded, and could be graded outside
of the envelope.
Greg Amsden stated the original parking plan used the existing parking areas. He said they were
now taking pressure off the existing parking and placing the parking on-site and he said that he
didn't know if the Fire Department would approve this at this time as being large enough.
Dominic Mauriello said the applicant would have to meet the development standards regarding
parking and lhat cars would have to back up and turn around to exit the parking lot.
Greg Amsden said they would try to transplant all the misplaced trees.
Dominic Mauriello said, regarding item #3, that the applicant wouldn't have to follow the jagged
edge that Intermountain Surveying surveyed. He said they could simply draw a straight line that
excludes the 40% slope area.
John Schofield asked for any public comment.
Mel Brody, a resident across the creek and an affected homeowner, stated that this was a lot of
development on such a confined area and he had personal concerns about how cluttered it
would look.
Galen Aasland stated that the PEC had to look out for the interest of the community. He said the
development right was to build the same as Building 18 and if this project was significantly larger,
it wolrld be denied. He said if the applicant wanted to build the same as Building 20 with an
EHU, he might listen. He said that this was larger than what Building 18 was. He stated that the
water table around the trees would be affected, killing a significant number of Aspens within 5
years.
Greg Amsden said the buildings were much larger than this new proposal covering more of the
site, bul that parking was within the building envelope.
Galen Aasland said the PEC could grant a larger space if parking was contained within the site.
He said the impact on the site was going to be more impact, then if it were Building 18. He said
building this close to the edge of the creek would affect the neighbors. He said the applicant
would need to come back with a plan more consistent in scale to Building '18 to get his vote. He
said he couldn't vo ie i.,, - -,1-jings that h ung off the cliff , as they affected the neighbors.
Planning and Inrironmcntal Comrnission
Minutes
June 8, 1998
Ann Bishop said staff r.equested an entire development plan and this should meet the
development standards set by the Town of Vail. She thought what was being proposed was
interesting and lhe applicant should continue fonrrra rd on this palh and hopefully be able to save
the trees. she felt that three separate buildings were better than one large buiiding.
Tom Weber said he would like to see lower level and smaller units and he too was concerneo
with lhe large amount of site disturbance. He supported the idea, but it still seemed like they
were cramming a lol into the area. He said the applicant needed to get a replat wilhout all the
jagged lines, with the break line figured out. He asked how much overlay zoning was being
added to this lot.
Dominic Mauriello said this would be treated similar to a SDD.
Tom Weber asked for an analysis for design standards purposes.
Dominic Mauriello said the zoning analysis was on page 2 of the staff memo.
Brian Doyon echoed some of Galen's responses. He said regarding the similar character,
similar site disturbance and massing, that this was much larger, with the architecture and
landscaping quite different from the existing buildings. He said the landscaping would need to be
replaced caliper per caliper. He said that the example shown misses in so many categories, that
his vote would be to deny this request.
John Schofield said the previous approval was for a building to be built similar to Building 18 and
he was concerned that the site coverage would have been less than 2,600 and now the site
coverage was 2 112 times thai amount with too much site disturbance. He said the driveway
access was a concern and even if it met the development standards, the guidelines didn't
anticipate two parking lots accessed by one driveway with cars backing up in order to get out.
Dominc Mauriello asked if architectural olans would be needed at the next meetino.
Tom Weber said he had a concern with the building heights.
John Schofield said he would like lo see the site coverage and renderings.
Rick Rosen said he wanted the Commission to remember that Building 18 was an arbitrary
building. He felt it should be the average square footage of all the buildings. He said we were
not requesting the PEC to approve identical buildings, as we were needing to overturn the 1972
type of development. He said they could bring in an SDD and get 38,000 sq. ft. He said the
development site was beautiful because of the trees and we were not going to take them down.
He said they were trying to amend an outdated development plan. He mentioned that Spruce
Creek was a Townhouse development that Michael Lauterbach did and it worked. He advised
thePECnottojustaimatBuildingl6. ilesaidiftheybuiltBuildingl9,theywouldbeputtingin
10 more parked cars into the already crowded Timberfalls parking lot.
Brian Doyan asked if it was better for everybody and would it fit in with the site and area. He
didn't think it did.
Planning and Environmental Commrssron
Minutcs
June 8, 1998
Tom Moorhead said to the best of his recollection, the applicant was to build a building according
to the prior approved plans. He said that Building 1 I was selected out of a hat and that anything
other than that would have to go through the process.
Dominic Mauriello said a parking plan was needed in context with the surrounding area.
John Schofield said the PEC needed lo see a plat with the access easement indicated on it.
Dominic Mauriello said that this should come back for a final approval and not another
workses sion.
Rick Rosen said the applicant needed answers resolved in their minds.
Greg Amsden stated that if the trees were an issue, we could change.
John Schofield said he would not like the bike path going through someone's backyard, and lo
remove it from the building envelope.
Tom Weber said the site disturbance was a concern and the applicant would need to prove why
this was a better scenario than building Building 19.
Greg Amsden stated all cars will be headed out of the parking lot the front way.
5. A request for an extension of a conditional use permit for the Lionshead Children's Tent,
generally located next to the Lionshead Children's ski school/Tract D, Vail Lionshead 1st.
Applicant: Vail Associates, represented by David ThorpePlanner: Christie Barton
Christie Barton gave an overview of the staff memo and said that staff was recommending
denial, as the tent was becoming a permanent use.
John Schofield asked if the applicant had anything to add and stated for the record, that the
applicant was not in attendance. He then asked for any public comments. There were no public
comments.
Galen Aasland stated that this was not approved for permanent use and with no input from the
applicant, he would deny the request.
Ann Bishop had no comments.
Tom Weber was in agreement with staff.
Brian Doyon was in agreement with the staff recommendation.
John Schofield said this was a temporary structure.
Ann Bishop made a motion to table the item.
Planning and Environmental Commission
Minutes
June 8, 1998
O FrLi$+ ft
MEIIIORANDUM
Planning and Environmental Commission
Community Development Department
April 27, 1998
A request for an amendment to a previously approved development plan for the
Timber Falls Development, located at 4469 Timber Falls CourUunplatted.
Applicant: RAD Five L.L.C., represented by Greg AmsdenPlanner: Dominic Mauriello
fo
TO:
FROM:
DATE:
SUBJECT:
Attached is a copy of a letter fonryarded by the Community Development Department to the
applicant, Greg Amsden, summarizing the PEC's action on this item at the April 13, 1998
meeting. The applicant is questioning whether this letter is an accurate reflection of the PEC
action. Therefore, statf would like the PEC to review this letter and provide necessary direction
to the staff so that we can properly direct the applicant with regard to this property.
Also included is some material provided by the applicant for your review.
F:\EVEBYONE\PEC\ iEMOS\98\T|MBF ALL.427
TOWN OF VAIL
D epartme nt of C o mmunity D eve lop ment
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
April 16, 1998
Greg Amsden
AMS Development, Inc.
500 S. Frontage Road East, Suite I l2
Vail. CO 81657
RE: Timber Falls-Application for an amcndment to a development plan
Dear Crcg:
The Planning and Environmental Commission (PEC), at its April 13, 1998 meeting, found that
phase X (Building #19) of Timber Falls has a vested development right for one structure in the
exacr form, size, density [6 dwelling units], and configuation as Building #18 and that anything in
addition to or different than specifically that. will require a PEC review and approval of an
amcnded plan (see attached development plan).
Any change to the development plan will require evaluation of the proposal by the PEC in
accordance with all devclopment standards of the Low Density Multiplc Family (LDMF) zone
district based upon the lot area and buildable area for Phase X, Building #19 (alone) as presentcd
by you (i.e., the site improvcment survey preparcd by Inter-Mountain Engineering, Inc, dated
3l3llg8, entitled "Site 19, Timber Falls, Town of Vail, Eagle Counry, Colorado;" site arca of
34,052 sq. ft.). Also, this PEC decision makes it clcar that the development plan controls
development in the Timber Falls development and not the development standards of the LDMF
zone district, and therefore, oncc Building #19 is constructed there will be no available Gross
Residential Floor Area or dcnsity remaining for the balance of the Timber Falls development.
In order to proceed with an amendment to the development plan you will need to provide a
complete submittat as if you were applying for a DRB approval (i.e., stamped survey of Building
#19 iite with a surveyor's calculation ofbuildable area, site plan, easement for access, hazard
report for site 19, landscape plan, grading plan, building plans and elevations for all buildings,
et;.). please note that thc suwey submitted does not have a complete calculation of buildable
area. as it must include the red avalanche hazard area and floodptain, in addition to the areas of
Page I of2
{j rr"r"rro r r"r
40% slope.
This item was tabled to the Apfl27,1998 meeting, however, this will not be enough time for you
to prepare a complete submittal, nor time for staff to adequately evaluate the development. Staff
recommends tabling the item again to a reasonable date in the future. Staff will need a minimum
of 3 weeks for reviedrevisions.
Thank you for your patience in the process.
Ifyou have any questions, please call me at 479-2148.
Dominic F. Mauriello, AICP
Senior Planner
c: Mike Mollica, Assistant Director of Community Dwelopment
Tom Moorhead, Town Attorney
Page2 of 2
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AMS lDevenopm.ent, [nc.
Apnl22,1998
Dominic Mauriello
c/o Town of Vail Planning Dept.
75 South Frontage road
Vail. CO. 81657
Re: The Chalets at Timber Falls
Dear Dominic:
I am in receipt of your letter dated April 16, 1998, regarding my application for an amendment to the
Timber Falls development plan. After reviewing the letter, I am still confused about the following
issues:
1. The first sentence in Paragraph 2 indicates that any change in the development plan will be
subject to all development standards of the LDMF zone district and shall be specific to Site
#19 only. Please understand that Site #19 is part of the overall Timber Falls development and
cannot be separated from the development solely on staffs interpretation. The next sentence
then states that the development plan controls, not the standards for the LDMF zone district.
These two sentences contradict each other. Please clarify
2. In the last sentence ofParagraph 2, you state that the PEC decision dictates that the
development plan controls, not the development standards of the LDMF zone district. Since
the existing development plan does not define GRFA the amount of GRFA available to Site
#19, and the entire project, is in question
A. Present day LDMF zoning, given a current survey indicating net buildable area, would
show approximately 38,000+/- square feet of GRFA
B. In measuring the plans for Building #20 on file at the Town of Vail, the GRFA shown
is 7,325 square feet. This plan does not indicate whether the GRFA for the entire
project was utilized to it's fullest extent.
C. The applicant is requesting 9,500 square feet and is willing to relinquish any
remaining GRFA in question for the development.
3. The applicant agrees to prepare and submit a complete (as if submitting to DRB) review
package including all items described in Paragraph 3. Prior to making the financial
commitment to preparing this detailed submittal package, the applicant needs direction from
the PEC regarding the following items:
A. The applicant is proposing to change the development format from condominiums to
single-family residences. Is this acceptable to the PEC?
(970),476,8610
970\476,8637
500 South JFrontage l{oad J[iast, Ste. I 12
Vail. Colorado 81657
Given the past history of Timber Falls and the applicant's intent to lower the density
on Site #19 from the original building (6 units) to a lessor number of units, what
number ofunits are appropriate for the site under consideration?
Lastly, what is the maximum GRFAto be considered forthe site under
consideration?
Attached is a set of '?ed lined" plans showing the7,325 sq.ft. of GRFA in Building #20. Please
include this memorandum in the agenda for this Monday's PEC meeting (April 276). I will be
attending the meeting with the sole purpose of answering the above questions and tabling the actual
development presentation until May I I, 1998.
Ifyou have any questions, don't hesitate to call me at 476-8610. Thank you for your cooperation
regarding this application.
cc: Richard P. Rosen
Marty Fowler
Ron Riley
B.
c.
President
O EGhtl'F|F ll
Brian Doyon seconded the motion.
The motion passed by a vote of 6-1, with Ann Bishop voting against.
4. A request for an amendment to a previously approved plan for the Timber Falls Development,
located at 4469 Timber Falls CourVunplatted.
Applicant: RAD Five L.L.C., represented by Ams Development, Inc.
Planner: Dominic Mauriello
Greg Moffet disclosed for the record that Greg Amsden was a customer of his, but that he felt there
was no conflict.
Dominic Mauriello gave an overyiew of the staff memo and said that once they built the building,
there would be no GRFA left.
Greg Amsden, representing the applicant, stated that they couldn't limit the site to the development
plan, since there was no development plan. He said he disputed lhe second sentence of the second
paragraph of the letter. He said the applicant was aftef what would be an acceptable number of units
with a format that would be acceptable.
Greg Moffet asked the PEC members for guidance for the applicant.
John Schofield stated that there was GRFA regulation when this was originally platted by the County.
John said the development plan presented at the last meeting was very specific.
Greg Amsden said that could be established by a survey.
John Schofield questioned the common area and could not approve a plan which included the
common area as development potential.
Dominic Mauriello said the approved development plan showed all the spaces around the building as
common area.
John Schofield said the common area was not specific to that specific site, but pertaining to the
overall plan.
Greg Amsden said the county records don't specify a common area. He then said the owner was just
trying to finish the development out.
Brian Doyon agreed with John.
Greg Amsden said the land was owned by RAD Five and never was represented to be part of the
ass6ciation, so they had no right to it. He then said he wanted to focus on this site only.
Brian Doyon said there would be no more building available after this project.
Tom Weber said you could do Building 19 as a vested right, but stay out of the common area,
because the common area doesn't come into play for the development rights of Building 19.
Planning and Environmental Commission
Minutes
April Dl 1998
'1'l
Greg Amsden asked why the PEC would take away 2,300 sq. ft. of GRFA.
Tom Weber said the whole site had nothing to do with Building 19. He said the applicant would have
to give the PEC someplace to start, such as to overlay the zoning and the PEC needed to have the
applicant propose a site.
Diane Golden had no comments.
Ann Bishop had no comments.
Galen Aasland agreed with the three other members. He said the applicant had a vested
development right to build Building 18 on the Building 19 site and that if they wanted to make any
changes, there may be a reduction in square footage.
Greg Moffet said the owner had the right lo build Building 18 on the site they have. He said the
owner had a vested interest in a development plan and the fair solution was the right to build a
building here. He said he was having lrouble with this being a judgement equity case. He said the
applicant could go with the development plan or with the zoning, with the development plan being
compelling for a density variance. He said if the applicant relied on the history, he could get over the
special privledge to get the 7,300 sq. ft. Greg said he needed to see a good configuration.
Greg Amsden asked the PEC for input on the condos or the single family approach. He asked, given
the site, was it swallowable to the PEC?
Galen Aasland said, yes, it was reasonable, but he would expect to see the impacts on the site to be
similar.
Ann Bishop and Diane Golden agreed with Galen.
Tom Weber said, yes, but it comes down to the configuration.
Brian Doyon asked the applicant if he was suggesting that the owner was going to sell off lhe land.
Greg Amsden said they just wanted to build a product.
Brian Doyon said he was concerned on how the lot would be divided.
Tom Weber asked if they were going to plat separate lots and provide parking.
Greg Amsden said all the envelopes were on the site and parking would be contained and the
purpose from going from a condo to a single family would be beneficial.
Brian Doyon said by dividing up the parcels, the condos had no rights to that land.
Greg Amsden said the owner would deed all the remaining lands to the association, as it made sense
to put it all in one package.
Tom Weber asked if the condo association would have to purchase that land.
Greg Amsden said, no.
Planning and Environmcntal Commission
Minutes
April D( 1998'4+
,.' I
John Schofield said he was in favor of the single family approach.
Greg Moffet said he was not adverse to single family homes, but felt this was a site coverage issue
and he said that the PEC would be receptive, if the applicant would come in under the 7,300 sq. ft.
Dominic Mauriello summarized the PEC's comments; that the applicant seek a density variance or be
subject to GRFA statistics.
Galen Aasland said the density variance was hard to overcome.
Greg Moffet said he wanted to amend the existing development plan and not talk about zoning. He
said the alternative was apply LDMF, as a zoning issue. He said the development plan was grounds
for granting a density variance, since equitable argument was compelling.
Tom Moorhead said the PEC has determined that the vested right was to do the same as Building 18
and if anything else was done it would have to stand on its own.
Greg Amsden asked for a definition of "stand on its own," as he stated that staff would strictly enforce
the interpretation.
Greg Moffet said, from a conceptual discussion, the applicant had a different read from lhe
commission.
Dominic Mauriello asked the PEC for clarification on what application process the applicant needed to
go through.
Greg Moffet stated ihat it was up to the applicant and the PEC would not dictate what the applicant
could ask for.
Dominic Mauriello said the applicant could request an amendment to the development plan at his
own risk, or come back with a variance application.
Greg Amsden stated that there would not be specific floor plans at this time.
Greg Moffet said to come in with what he had.
Tom Weber said he wanted to see building heights.
Brian Doyon said he wanted to see massing and scale on how it fit in with the site.
Greg Moffet said on a conceptual basis, he would like to see GRFA and massing.
Dominic Mauriello stated that it sounded like a full application was needed.
5. A request for a worksession lo discuss a major amendment to SDD #4, lo allow for a
fractional fee clui, an,-I a;h;.-,g- lv iire approved Development Plan, located at 1325
Wesihaven Dr., Westhaven Condominiums/ Cascade Village Area A.
Applicant: Gerald L. Wurhmann, represented by Robby Robinson
Planner: George Ruther
Planning and Environmcntal Commission
Minutes
Anril $lees
Erhilit * tz
MEMORANDUM
Planning and Environmental Commission
Community Development Department
April 13, 1998
A request for an "amendment to a previously approved development plan" for the
Timber Falls Development, located at 4469 Timber Falls CourVunplafted.
Applicant: RAD Five L.L.C., represented by Greg AmsdenPlanner: Dominic Mauriello
TO:
FROM:
DATE;
SUBJECT:
I. DESCRIPTION OF THE REOUEST
The applicant is proposing an "amendment to a previously approved development plan" for
Timber Falls. The applicant contends that plans in the Town's files from 1976 and a building
permit plan from 1982 are still binding and indicate allowable development rights. This issue
revolves around a six dwelling unit building (#19) which remains unbuilt on the property. The
applicant would like to construct 4 single family residences or 2 single family residences and 1
duplex on the site. See applicant's statement attached.
Staff has not seen documentation to substantiate the position that there is a binding approved
development plan for this property.
The applicant has not submitted a survey of the entire Timber Falls development with which to
determine buildable area (site area excluding slopes in excess ol 40"/" slope, red avalanche
hazard, and areas of flood plain) and hence determine density and GRFA remaining in the
project. Since staff is not in possession of this survey, we, nor the PEC, can accurately or
properly evaluate the remaining development potential of this property based on the zoning of the
property (LDMF). Therefore, staff recommends tabling this item until such time as an
adequate survey of the entire property of Timber Falls has been provided.
II. BACKGROUND AND DISCUSSION
Timber Falls was annexed to the Town of Vail in 1974 (Ordinance No. 13, 1974 and Ordinance
No. 20, 1974 attached) in accordance with Chapter 20, Annexed Areas, of the Zoning
Regulations (these annexation regulations were adopted in 1973). At that time, Phases 1 and 2
of Timber Falls were already constructed. The property which was annexed included what is
currently called Timber Falls and Forest Glen. The plans which the applicant has submitted, and
contends are the binding (vested) development plan, also show what is now Forest Glen as a
part of the Timber Falls development plan. No annexation agreement was developed or
approved with this annexation. The annexation ordinance includes the statement that the land
was annexed "without special terms or conditions" which we believe indicates that no additional
development rights were granted to the landowner. The property was zoned in the interim by an
emergency ordinance (Ordinance No. 23, 1974) and ultimately zoned Low Density Multiple
Family (LDMF) by Ordinance No.26, 1974 (attached).
Since no annexation agreement was established for the property annexed, it is subject to the
LDMF zoning adopted for the property.
From 1975 until 1982, approvals were given by the Town of Vail for phases 3 - 1 1 . These
phases were reviewed and approved by the DRB and were evaluated in accordance with the
development standards of the LDMF zone district (i.e., GRFA, density, building height, etc.).
In 1991, this same applicant applied for a Special Development District (SDD #27 Forest Glen).
This SDD carved out a 7.5 acre parcel from the original Timber Falls development to create a
separate and stand-alone development. This SDD was evaluated based on the underlying
zoning of LDMF and on a survey for the property. The development plan which the applicant is
claiming is a binding (vested) development plan on the Town of Vail was substantially modified
from the original plan by carving out this 7.5 acre parcel and therefore has produced density and
GRFA implications to the Timber Falls parcel as it exists today.
Summary ol facts:
- Timber Falls (with Forest Glen parcel) was annexed in 1974- Annexation approved without an special agreement as to density or development- Last Town approval of a new phase in Timber Falls 1982 (16 years ago)- SDD #27 (Forest Glen) approved removing 7.5 acres from Timber Falls in 1991
Please see memorandum from Tom Moorhead, Town Attorney, regarding vest rights legislation.
III. FURTHER DISCUSSION
The following arguments may be made with respect to this application:
1. Since the annexation is "silent" on this development plan, the Town of Vail must accept
the original Eagle County approved development as a vested development (vested
forever).
Staff response: Staff believes that since there is no annexation agreement, there is no
"approved development plan" with vested rights to density, beyond that of the LDMF
zoning. Vested rights legislation did not exist in the Town of Vail, or the State of
Colorado, until 199'l or 1988, respectively. Vail's vested rights ordinance allows vesting
given specific conditions for a period of 3 years.
2. The site plan and building permit dated 1982 for building #20 shows a footprint for
building #19 (the unbuilt 6-unit structure). This permit, with the Town approval stamp, is
evidence that the Town had accepted the development plan for Timber Falls and building
#19, despite any density implications.
Staff response: Staff agrees that this site plan in fact shows building #19. However, we
do not believe this was an "approved development plan" which vested any rights to
density beyond that of zoning. lf, for the sake of argument, one accepts that this was an
approved development plan, DRB approval of such plans are only valid for a period of
one year, and therefore would have expired 15 years ago in '1983. Additionally, if the
Forest Glen land (7.5 acres) had not been removed from the Timber Falls development in
1991, there most likely would not be a density implication for building #19 today. Forest
Glen substantially modified the "development plan" for Timber Falls, by removing 7.5
acres of land, and has potentially created density implications for the remainder of Timber
3.
Falls. Staff can not determine if there is a density implication as the applicant has not
provided a survey of the property with which to determine buildable area.
The Town of Vail must review any development on this site in accordance with zoning
regulations in effect at the time of annexation and has no right to regulate existing
(constructed) buildings which were constructed under County regulations.
Staff response: Staff believes that if you accept that argument, then any changes to
zoning in the Town of Vail would only have effect on undeveloped property. Therefore,
the Town would not be able to regulate the single{amily houses and commercial areas
which were annexed into West Vail and would never be able to change or modify zoning
restrictions. Staff believes this argument suggests that the application of zoning is not
legal in the Town of Vail.
The Town of Vail has continuously approved the phases of Timber Falls and therefore
must have accepted the "vested" development plan.
Staff response: The DRB did in fact approve all phases up to this disputed phase of
Timber Falls. Density and GRFA standards have been applied to the development
proposals as each phase was approved. Density and GRFA figures were based on an
estimate of buildable area in the Town files, which cannot be verified without a survey.
According to the applicant, all other development standards in the LDMF zone district
apply to this development (i.e., GRFA, building height, setbacks, etc.).
Staff response: lf this development plan is a vested development plan, then why would
other LDMF zone district standards be applicable? Why then would the density
provisions not apply and why would GRFA have been applicable to all future phases of
this development? Staff believes that all of the development standards of the LDMF zone
district are applicable, including density. A landowner is not able to pick and choose
development standards as to best suit their needs.
In 1984, the applicant, in consideration of development on the parcel of land included in Timber
Falls, but hence developed as SDD {27 (Forest Glen), prepared an analysis (see attached) of
development potential on the 7.5 acre parcel in accordance with the LDMF zone district. lt would
appear that the applicant at that time recognized the zoning on the property as controlling density
and development standards, but is now contending that the "approved development plan"
controls the density.
A review of the Municipal Code has revealed that the term "development plan" is only used in the
following instances:
1. In reference to the establishment of CC1, CC2, CSC, and HS zone districts.
When such a district is originally established the applicant is required to provide a
general development plan for the area. Though, this plan must show locations of
buildings and uses, however, it does not establish density provisions or
development standards.
2. An SDD requires a development plan which establishes development limitations
and standards. This development plan expires after 3 years from the date of
approval.
4.
5.
3. The vested rights chapter of the Zoning Regulations defines a development plan
and vested right as:
SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limited to a
final major or minor subdivision plat, or a special development district
development plan.
VESTED PROPERTY RIGHT: The right to undertake and complete the
development and use of property under the lerms and conditions of the
site specific development plan, and shall be deemed established upon
approval ol a site specific development plan.
A site specific development plan under this section expires after 3 years and must
contain the following language:
"Approval of this plan may create a vested property right pursuant to
Colorado Revised Statutes title 24, article 68, as amended."
This section goes on to state: "Failure to contain this statement shall invalidate
the creation of the vested property right."
Therefore, what the applicant has produced as a "development plan" has no basis in the code.
tV. ZONING ANALYSIS
Zoning: Low Density Multiple Family
Hazards: High and Moderate Debris Flow
High Sevetity Bockfall
Snow Avalanch€ Area of Influence
Lot area: Cannot be determined Wout a survey
Buildable area: cannot be determined Mout a survey
Standard Allowed/Reouired Existino
Density: Cannot be determined Wout a survey 1 I 6 dwelling units
GRFA: Cannot be determined Wout a survey 133,241 sq. ft.
V. STAFF RECOMMENDATION
The Community Development Department recommends that the PEC table this request until
such time as the applicant has provided the necessary survey and information for the property to
be properly evaluated by the staff and the PEC.
Further, staff believes that the only two Town of Vail processes that allow deviations from zoning
density provisions available to the applicant are the variance process or the Special Development
District process.
FIEVERYONE\PECWEMOS\98\TI M BFALL.41 3
o
$The Chalets at Timber Falls"
Applicant's Proposal:
The applicant is proposing to amend the previously approved development plan for Site #19 of
Timber Falls Condominiums. The following amendments are proposed:
l. Reduce density from 6 residential units to 4 residential units.
2. Changing the residential structures from a condominium format to a single-family
or duplex format.
3. Reduce the remaining GRFA available in the Timber Falls Condominiums (Site #t9
is the last undeveloped parcel in this project) from approximately 38,657 sq.ft. to
9,500 sq.ft..
The applicant has established defined building envelopes for each ofthe 4 units proposed. No
structure shall be located within l0-feet of an adjacent unit in accordance with UBC
requirements for fire protection. Exterior materials will be similar to those products used in the
existing buildings at Timber Falls... Stucco base with natural wood siding, possibly some stone
accents. All other development standards for this zoning district shall be adhered to under this
proposal.
History of Timber Falls Condominiums:
Ownership
The Timber Falls project has been under the same ownership (Timber Falls Associates) since
original work began to develop the property in 1972.
Eagle County
The 21.8 acre site was received Sketch Plan approval from the Eagle County on January 3,
1973, for Lots I -7, Timber Falls Subdivision. The lots were zoned multi-family and each lot
was to contain several condominium buildinss. The breakdown is shown below:
Lot I Future site of Glen rult suU]iuirion.
Lot2 Avalanche area and recreational amenities.
Lot 3 Buildings 17, 18, 19 and 20.
Lot 4 Buildings l, 2, 3, 4, 5, 6, and 7.
Lot 5 Buildings 14, 15 and 16.
Lot6 Buildings 10, ll and 12.
Lot 7 Buildings 8 and 9.
The owner performed extensive avalanche studies, which are well documented in the remaining
files at the Eagle County Planning Department, to satisfy zoning authorities at the time. The
avalanche area was required specific mitigation and only recreational amenities were allowed
to be constructed in this area.
Buildings #l$ (44 units on 2.5 acres) were approved and permitted through Eagle County
prior to annexation of the Timber Falls parcel into the Town of Vail on November 4, 1974.
Town of Vail
The Town of Vail annexed the subject property on November 4, 1974. Annexation
documentation on file at the town does not reference any density or developer improvement
requirements.
In 1976, a development plan Town (see Exhibit "A" - Development Plan, obtained from files at
the Town of Vail) was filed with the Town of Vail outlining the overall Timber Falls site plan
and showing a total of 19 building sites (there was no Building #13). Buildings #10, 11 and 12
were approved, permitted and constructed between 1976 and 1978.
In 1978, the Town of Vail Planning Department requested a master plan be submitted outlining
the proposed 'build out" for the remaining development in the Timber Falls project. According
to the owner, this plan was submitted and approved by the Town ( See Exhibit'ts" - Master
Plan, obtained from files at the Town of Vail). This approved Master Plan clearly defines the
remaining development as 7 buildings containing a total of 48 units. The breakdown is shown
below:
Building #14
Building #15
Building #16
Building #17
Building #18
Building #19
Building #20
Total Density
7 Units
7 Units
10 Units
6 Units
6 Units
5 Units
6 Units
48 Units
The approved plans for each ofthese buildings, excluding Building #19, are contained in the
files of the Town of Vail. Both the approved site plans for Building #18 and Building #20 (See
Exhibit "C") specifically denote the proposed location and size (identical to the 6-unit
configurations in Building #18 and Building #20) of Building #19.
Buildings #14 through #18 and Building #20 were all constructed in accordance with the
approved building and site plans on record at the Town of Vail, and the Master Plan filed in
1978.
After receiving inquiries and an ofer for the purchase of Site #19 at Timber Falls, the owner
approached the Town of Vail Planning Department regarding the remaining GRFA available in
the project. A response letter from Tim Devlin at the Planning Department (See Exhibit'D"),
dated March 3,1993, indicated the remaining GRIA as 38,657 sq.ft..
A second letter from Tim Devlin at the Planning Department (See Exhibit'8"), dated March
11, 1993, questioned the accuracy ofthe previously represented GRFA number and
recommended using it only as a'?ough estimate" until such time as a stamped survey confirms
the site area and net'tuildable" area. Much to the surprise of the owner and contrary to the
development plan and master plan on file in the records of the Town of Vail, the letter goes on
to indicate a remaining density of 2 units for Site #19 at Timber Falls.
The owner responded in a letter to Tim Devlin (See Exhibit 'T"), dated March 1 7, 1993,
stating that the Town of Vail's analysis was flawed. If the Town's technique of using current
zoning criteria in 1993 (disregarding all past approvals) to analyze the remaining density in the
Timber Falls project, then the Town must focus their current zoning standards in 1993 to those
lands annexed into the Town in 1974, or 10 575 acres. This approach would arrive at a
remaining density of 23 units and a even higher remaining GRFA for Site #19. No further
discussions or any applications were filed at this time.
Purpose of Application:
The applicant, AMS Development, Inc. (Greg Amsden) negotiated a contract on December 29,
1997 , to purchase Site #19, Timber Falls Condominiums, from the Owner. The applicant
requested verification of existing density and GRFA for the subject parcel from the Town of
Vail Planning Department in early January, 1998. After approximately 30 days of discussions
involving the Town of Vail planning stafl town attorney, owner, applicant and applicant's
attorney, the Town of Vail responded in a letter to the applicant (See Exhibit "G'), dated
February 9, 1998. , and further stated that the decision as to existing density for Site #19
cannot be determined by the planning staffor the Town attomey. According to state statute,
this decision must be determined by a Commission or Board seated at the Town of Vail.
Building Site #19, Timber Falls
These photos show different angles of the site on March 13' 1998.
View of Building #18
View of Building #3
View of Building#20
View of Building #18
View looking south at
Buildings #16 and #17
View looking east at
Buildings #l and#2
View looking west over Glen Falls Subdivision
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EXHIBIT ''D''
TOWN OF VAIL
75 Soutb Frontage Road
Vail, Colorado 81657
3 0 t -47 9 -21 1 I / 47 9 -211t
March 3, 1993
Mr. Ron Riley
228 Bridge Stre(
Vail, CO 81657
Dear Ron:
l*L^t t*f.IJr"*,/&
s-,^, ,o&- dtL llSL
&t'L dl^'ra" -b{14 17
^n;"o W a6-p'" ,Q
k- 5 u,^il*
571,732 sq. n.
171,520 sq. ft.
132,863 sq. ft.
38,657 sq. ft.
Depunnent of Community D eaelopment
l;:;i; C 4 1993
though the followingUpon review of
area numbers i
TotalSite Area.
Total Buildable Area:
Allowable GRFA:
Existing GRFA (3/2/93):
Remaining GRFA:
Please let me know if I can answer any further questions that you may have.
Best regards,, ',.'
r'',, ' ./-ra , i /
t:2/t"afrzi i I ,'bl'u
Timothy N. Devlin
Town Planner
xc: Mike Mollica
-l
L
EXIIIBIT ,IE''
7J South Frontage Road
Vail, Colorado 81657
3 01 -47 9 -2 1 3 8 / 47 9 -2 1 3 I
March 1 1, 1993
D epartment of Cornmunity Deu elopnent
Mr. Ron Riley
228 Bridge Street
Vail. CO 81657
Dear Ron:
As a follow-up to my letter of March 3rd to you, and upon further review of the Timberfalls file
on record with the Town of Vail, I have discovered the following in regard to the allowed
density for Timberfalls:
Total Site Area:
Total Buildable Area:
782,157 sq. ft.
571,732 sq. ft.
The allowed density in the Low Density Multiple Family (LDMF) zone district is 9 units per
buildable acre. As I believe you are aware, "buildable area" means any lot or parcel, or
portion thereof, which does not contain designated floodplain, red hazard avalanche area, or
areas in excess ot 40Y" slope. Since the buildable area shown in our files is 571,732 square
feet, or 13.125 acres, this results in a totaldensity of 118 dwelling units for Timberfalls.
Further, our records show that 116 units have been constructed, resulting in 2 units that could
still be built.
Although the Town's records indicate a total site area and a total buildable area for the
Timberfalls project, we are not in possession of a stamped survey verifying those numbers. In
order for us to accurately determine the remaining allowable density for Timberfalls, it will be
necessary for ycu to crovide rrs with such dccurnentation. Until such tifiic, the abo','s
numbers shouid only be used as a rough estimate of the available density at the Timberfalls
project. lf you should have any questions, please contact me at the Office of Community
Development, 479-2138. I look forward to hearing from you soon.
Best regards, /.-//;//.tl' , ,./' /., ,l' t', ,./ r
,/lnZii7.rtt7iz,u7
Timothy N. Devlin
Town Planner
xc: Mike Mollica
EICIIBIT ''F''
T?;tey
olI icavlin'
March 17
Ity Development
f;E:Vail.
rontage Road
co.81657
riting in response to your lette.r of 3/L1 ,/93.:I,
Fw.ed, in that the Town of VaiI zoning regulatione.,wor
b'p1icaUre until LI/4/i4 (the date ti'J par"cei r;;;n"
ewn".of Vail). Phases L e 2, comprised of 44 units."
;ISiacres ' were completed 'prior to the annexationgs 1 & 2, leaves 10.575 acres of buildable ground,l
,
2
Ital:" of 95 units available to be built. ,?2 uni,,,rleted af ter annexation, J-eaving 23 units lef t ,.tO
arce1.
,e; lhan identif ied in your letter of 3/3,/93::iiSri:han a sufficient GFRA, it's not necesiary
Cul.ations.
Fi. 'n".a anymore inf ornati.on relatrve
.ne a caII.
Sincerely,
Rorrarld H
In
:.
LP:;{..
R
Bndge Street, ?ail,9olorado Bt6sZ . 303-476-3togt4tso .:,
:,i.ait:''
Io
annl
Ri ley
Department of C ommuniry D eve lo pnre nt
75 South Fronage Road
Vail. Colorado 81657
970-479-213E
FAX 970-479-2452
February 9, 1998
Greg Amsden
Amsden, Davis & Fowler
500 South Frontage Road East, Suite I l2
Vail, Colorado 81657
Re: TimberfallsDeveloprnentPotential/Bighorn4th Unplatted
Dear Greg,
At your request, the Town of Vail Community Development Department, with the aid of the
Town Attorney, has reviewed the status of the development potential for Timberfalls
Upon review of Chapter l9 of the Municipal Code, the Colorado Revised Statutes, the Town's
files and the materials you have provided, we have not seen evidence that indicatcs that all ofthe
requirements of the vested property rights provision of thc Municipal Code and the Colorado
Revised Statutes have been met.
I have enclosed a copy of Chapter l9 for your review. The Town files are available for review
at the Community Development Department. Should you have any questions or concerns, please
do not hesitate to call me. You can reach me bv telephone at 479-2145.
Sincerely,
tLL+Rr;ee-t
George Ruther, AICP
Senior Planner
R. Thomas Moorhead, Town Attorneyxc:
{S *,r'r'.,.,r, ro,r,
'12-19-1 12-194
SECTION:
12-19- 1:
12-19- 2:
12-19- 3:
12-19- 4:
12-19- 5:
12-'t9- 6:
12-19- 7:
't 2-19- 8:
12-19- 9:
12-19-10:
12-'19-11 :
Purpose
Defin ition s
Notice; Hearing
Approval Procedure
Effective Date Of Approval
Vested Property Rights; Duration
Notice Of Approval
Exception To Vesting Of
Property Rights
Payment Of Costs
Other Provisions Unaffected
Limitations
12-19-1: PURPOSE: The purpose of this
Chapter is to provide the proce-
dures necessary to implement the provi-
sions of Colorado Revised Statutes title 24.
article 68, as amended. (Ord. 2(1991) $ 1)
12-19-2: DEFINITIONS:
SITE SPECIFIC DEVELOPMENT PLAN:
Shall mean and be limited to a final major
or minor subdivision plat, or a special de-
velopment district development plan.
VESTED PROPERTY RIGHT: The right to
undertake and complete the development
and use of propefi under the terms and
conditions of the site specific development
plan, and shall be deemed established
upon approval of a site specific develop-
ment plan. (Ord. 2(1991) S 1)
CHAPTER 19
VESTED PROPERTY RIGHTS
12-19-3: NOTICE; HEARING: No site
specific development plan shall
be approved by the Town Council or any
Town board or commission as applicable,
until after a public hearing proceeded by
written notice of such hearing, in accor-
dance with Chapter 3 of this Title. Such
notice may, at the option of the Town, be
combined with the notice for any other
hearing to be held in conjunction with the
hearing on the site specific development
plan for the subject property. At such hear-
ing, persons with an interest in the subject
matter of the hearing shall have an opportu-
nity to present relevant or material evidence
as determined by the Town Council or
Town board or commission as applicable.
(ord. 2(19s1) $ 1)
12-19-4'. APPROVAL PROCEDURE: The
action of the Town Council or
Town board or commission as applicable
for approval of a site specific development
olan shall be in the same form as that re-
quired to approve any request being con-
sidered for the subject property in conjunc-
tion with the hearing on the site specific
development plan, such action being either
by ordinance, resolution, or motion as the
case may be. lf any action by any board or
commission is appealed to or called up by
the Town Council, approval shall be
deemed to occur when a final decision of
the Town Council is rendered approving the
site specific development plan. The approv-
al may include such terms and conditions
as may be reasonably necessary to protect
the public health, salety, and welfare, and
the failure to abide by any such terms and
Town of VaiI
12-19-4
conditions may, at the option of the Town
Council or Town board or commission as
applicable, and after public hearing, result
in the forfeiture of vested property rights.
(ord. 2(1se1) $ 1)
12-19.5: EFFECTIVE DATE OF AP-
PROVAL: A site specific devel-
opment plan shall be deemed approved
upon the effective date of the approval
action relating thereto by the Town Council
or the Town board or commission as the
case may be. (Ord. 2(1991) S 1)
12-19-6: VESTED PROPERTY RIGHTS;
DURATION: A property right
which has been vested as provided for in
this Chapter shall remain vested for a peri-
od of three (3) years. In the event amend-
ments to a site specific development plan
are proposed and approved, the effective
date of such amendments for purposes of
the duration of the vested property right,
shall be the date of the approval of the
original site specific development plan,
unless the Town Council or applicable
board or commission specifically finds to
the contrary and incorporates such findingin its approval of the amendment. (Ord.
2(1ssl) $ 1)
12-19-7: NOTICE OF APPROVAL: Each
map, plat, or site plan or other
document constituting a site specitic devel-
opment plan shall contain the following
language:
Approval of this plan may create
a vested property right pursuantto Colorado Revised Stafutes
title 24, article 68, as amended.
12-19-8
Failure to contain this statement shall inval-
idate the creation of the vested property
right. In addition, a notice describing gener-
ally the type and intensity of use approved,
the specific parcel or parcels of property
affected, and stating that a vested property
right has been created, shall be published
once, not more than fourteen (14) days
after approval of the site specific develop-
ment plan in a newspaper of general circu-
lation within the Town. (Ord. 2(1991) g 1)
12-19-8: EXCEPTION TO VESTING OF
PROPERTY RIGHTS: A vested
property right, even though once estab-
lished as provided in this Chapter, pre-
cludes any zoning or land use action by the
Town or pursuant to an initiated measure
which would alter, impair, prevent, diminish,
or otherwise delay the development or use
of the property as set forth in the site spe-
cific development plan, except:
A. With the consent of the atfected land-
owners; or
B. Upon the discovery of natural or man-
made hazards on or in the immediate
vicinity of the subject property, which
hazards could not reasonably have
been discovered at the time of site
specific development plan approval,
and which hazards, if uncorrected,
would pose a serious threat to the
public health, safety, and welfare; or
C. To the elitent that the affected land-
owner receives just compensation forall costs, expenses, and liabilities
incurred by the landowner, including
but not limited to all fees paid in con-
sideration of financing, and all archi-
tectural, planning, marketing, legal,
and other consultants fees incurred
after approval by the Town Council, or
Tou:n of VoiI
12-19-8
applicable Town board or commission,
together with interest thereon at the
legal rate until paid. Just compensa-
tion shall not include any diminution in
the value of the property which is
caused by such action.
D. The establishment of a vested proper
ty right pursuant to law shall not pre-
clude the application of ordinances or
regulations which are general in na-
ture and are applicable to all proper-
ties subject to land use regulation by
the Town, including but not limited to,
Building Codes, Fire, Plumbing, Elec-
trical and Mechanical Codes, Housing,
and Dangerous Building Codes, and
design review guidelines. (Ord.
2(1es1) S 1)
12-1 9-9: PAYMENT OF COSTS: In addi-
tion to any and all other fees and
charges imposed by this Code, the appli-
cant for approval of a site specific develop-
ment plan shall pay all costs relating to
such approval as a result of the site specif-
ic development plan review including publi-
cation ol notices, public hearing, and review
costs. At the option of the Town, these
costs may be imposed as a fee of one hun-
dred dollars ($100.00). (Ord.2(1991)$ 1)
'12-19-10: OTHER PROVISIONS UNAF-
FECTED: Approval of a site
specific development plan shall not consti-
tute an exemption f rom or waiver of any
provisions of this Code pertaining to the
development and use of property. (Ord.
2(1eel) $ 1)
12-'1 9-11: LIMITATIONS: Nothing in this
Chapter is intended to create
any vested property right, but only to imple-
12-19-11
ment the provisions ol Colorado Revised
Statutes title 24, article 68, as amended. In
the event of the repeal ol said article or
judicial determination that said article is
invalid or unconstitutional or does not apply
to home rule municioalities such as the
Town of Vail, this Chapter shall be deemed
to be repealed, and the provisions hereof
no longer effective. (Ord. 2(1991) $ 1)
Town of VaiI
NOIII(qY Hrrtno.t
NOtSIAtCAnS NdOHCIA
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AN
OF
Arrra*r'o
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^ORDINANCE NO. 13Series of 1974
ORDINANCE ANNEXI}IG A PORTIOI.ITIIE BIGIIORN AREA TO TI.rE TOr^rN
WHEREAS. at least ten per cent or- the
qualified electors, who are resident in and 1anCovrners
of the area proposed to be anncxed,, vrhich is Gituated in a
county of less than twenty-five thousand inhabitants, f ileci
a petitlon fo! an annexation eLection v/:-th the To\rn Clcrk
of the Town of Vail, Colorad.o, on the 22nd day of }t<1rch I
1974, in accord.ance with Section 139-2I_E(2), Colorado
Revlsed Statutes 1963, as amended, requesting the municipalily
to conmence proceedings for the holding of an annexation
election to detelmj.ne the nnttcr of the proposed annexation
of a portion of the Bighorn area, County of Eagle, State
of Cololado, described in Dxhibit A attached, hereto ancl
made a part hereof, to the Tolrn of Vaj.l,
I^IHEREAS, the Torvn Council of the mo,.fir of r.rail,
aolorad.o, lrereinaf ter ret-erred to as thc ,'Tovrn,, , f ouni. thc
petition for annexati.on erection to be in substantial i:ornpliancl
\.'itll the aforesaid statute and aioptcd F.esolution l,;o. i ,
$e:ics of 1974, whj.ch is incorporated herein by refercnce
and. nade a part hereoft
IIHEREAS, on the basis of competent crriCence
presented in the public hearing on tha pctition for an!:e:{ation
electlon on the 4th day of June, 1974, the Town council
determined that the appLicable provisions of The Municipal
Annexation Act of 1965, as anencled,, h.rcl bcen saLj-siicd
(
of colorado, entered on the 9th day of August, 1974r the
_Town of Vail, Colorado, hereby annexes wlthout sDecial
terns or conditions a gortion of the Bighorn area, Countyr-
of Eagle, State of colorailo, descrlbed in Exhibit A hereof.
Sectlon 3. Annexation costs.
AI1 costs and expenses connectedl $tith the
annexation, including cornmissioner fees not exceeding for
each conmissioner S2.00 for each hour of, necessary service,
shall be paid by the Town of Vail, colorado.
qgggon-_3.. Flling of annexation maps,
Within thirty days after the effective date
hereof the Totrn Clerk of the Town of Vai1, Colorado, shall
file one copy of the annexation map, a copy of which is on
file in the District Court in antl for the County of Eagle,
state of Coloradlo, with the origlnal of this antrexation
ordinance ln the record,s of the To$rn, one copy of saLil rnap
with the County Clerk of the county of Eagle, state of
colorado, and one copy of said nap with the Division of
Local Governnent of the Dcpartment of Local Affairs, state
of Cololailo.
section 5- zoning of annexeil Blghorn area.
$lithln ninety days aftcr tl're effective date
hereof the Town of Vail, colorado, shall inpose zoning on
the annexed Bighorn area in accotdance with lts Zoning
Ordinance, Orclinance No. 8, series of 1973.
' Section 6. Effective date of annexation.
the annexation, except for the purpose of
general ta:<atlon as provided in Section 7 hereof, shall
talic effect upon the effective date of this anne:(ation
ordinance.
(
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ulN
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sectlon 7. Eff,ective date of genoral taxatl'on.
for the PurPose of genoral taxation the annexatlon
shall be effective on and after the lst day of ilanuary, 1975.
. Section 8. Sff,ectlve date.
lltris ordLnance shall take effect f,ive days
after publlcatlon folloeing the f,inal passage hereof.
INTRODUCBD ' RAAD ON FIRST RE.N)ING, APPROI'ED, AS NIENDED,
AlrD OBDERBD PUBITISHDD ONCE IN FULL, thiE 20tlr day of August,
1974, and a public hearing on this ordinance shalI be held
at the regulat meetLng of th€ Toun Council of th€ To$n of
vail, Cllorado, on the 3rd day of Septernber, L974, at 7:30
P.!1., ln ttre Uunicl.Pal Building of the Town.
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EXIIIBIT A
LCGAL Dt9CRIPT lOtl
A porcol of l,ond lylng In fho.:oYll l/2.of Sccflon 2' Townshlp 5
sou+h, rangoABt nert,"ttto south l/2 ot the south l/2 ot Soc'tlon 3'
io"nirrlp 5-shouth, .in9o 0l wost, tho cast l/2 ol tho northcasf
l/4 of Socflon ll, ToY,nshlp 5 south' rongo B'l v'cst'.Jno,1::1 I/2
;;; ;h"-;;"ir''eost't/i o1 sbctton lz, lo''isttlp 5 south' rangc-81
west, the northoast iti ot ihe nortnea st l/4 of Scct lon ll' Townsh Ip
5 sou'tlr, rango Bl wcsi, and +hc not thwe3-f ll4 ot thc northwest
t/4 of the northv,est iiA-oi S"itfon lS, Tot{nship 5_iouth, rango B0
vcst of tho 6th prlnclpal morldlan, Eagle couniy' 9ol:l1d:1^3"0dcscrlbcd as: BcAinnihg a+ th.e southeast corncr of sato sccr'lon J;
thcnco along tha south ilns ot sald Sccflon N 89o2JrlB" l'l--1678' l7
footi thonce l.l 65eoli24" E 665.00 f eeti ihenco N l?'Olt?4n E 255 '0O
i;;+; +h;;;; N ;B"o1r 24" 5 3Bo.oo {cei; thcncc tt l5cl0'11': -y126.41 feoti thenco H ZO'fSt4J" E 250'Oo foet; +hence S 67.-o20r l7x E
30O.OO fecti thcnco i ij,,i6r i7" g lOO.O0 feef! thencc N 8o3Br29'r l{
414.45 fect fo tnc souit iigtrt-of -rvay line of Interstafe 70;-
thencc along saro souiri tini orl the ?ollovring coursos: : 9?:?'152't E
ses.so ioot, H 65"loi'ltt E 32,9's feet to thc northwost corner of
Vall Villagc Etevcnth ittingi +hcncc along tho westernmost linc- , \
ol sold subdlvislon on fhe follovlng co'rios: S 0o04 t57t' E.?!'22 'J{ect; S JOo46'li" rV isa.73 (cet; s i0"35r 14" l{ 52 '77 teet; fhenco
along thc soutnernmost ilne of iold Subdivlsion on the follotring ::
Iou.iooJ-s-oiooli 44n-; sia-:z feet; s 8oc32t oot' E 225 '00 fcet; 'ir
N 45q2Btoo' E 2Bo.oo i""i;'H-oqiiai0o'r E; lso.0o 1qu1;^I-B?l58r30rr E
)i rd.oc-feet; N i4"oo'oo" i zzo'00 lectt s ogo39too" E 2?0'00 feet;
I'l 3io3oto0'r'E 22o,oo ioetJ H-iaoro'18" E 62'67 f eot to the.soufh
ifSht-ot-vay llne of Interstate 70; thenca N l4q56r IBI E 337 '48
f oo-f to the north .ighi-ot-tiy llno of lntcrsfatc 70 and the southcrn-
;;;+ iino ot voil vtilago Tveitth flllng; thcnce 9lolg sal.d comrnon
llno on fho foltovring';;;t;;;t s oruS:r[!" g 0ll'00 feef; N 86.,4lr40rr
E 6,i5.34 tcnl; o "u.in fo the rlght of rvhlch hai a radlus of 2190'00
foet and Intcrtor ungiu if 'Jof iiiO,', +he long ihord of.vhlch bears
i-is"oai11'r 6 274,5g'teo't i +hcnce aiong sald north rlght-of -tray
if.r "" o curve fo the rtgt't t'rhlch has a radlus of 2190'00 f ee-t
and ln'l'crlor angle of le 4it47", tho long chord of r'rhich bears S
iO"Zgt44" E 68.66 teot; +hence s 56o17r06'r E 425 '70 {ect; 'thonce
N-Bd;5d;isii E 2227.73 ?oe+ to tho oast llne of sald secf lon 2i
it,.n"O along saiO eait tlne S Oo2rtO2" E l3ll.44 fcet to 'lho oorth-
vesf corner of saio iectlon l2;tttcnce along the !9111 llno.of st'ld
i""+f"^ lt B9o46rO4rr E 1325.25 fcet; thonce S Oo22 | 32'r E 864'47
ieet l'o the north rlghl':of-way I ine of Infcrsf a-tc 70; thonco along
iiio nortrr ltnc S 19615'51" E'595.60 tcet; thcncc N 89056r llI E
950.1?{eet;thenco'SOoZOrO4rr'E'13'23fcet1'othenorthrlgh+-
o?-rioV llnc-of Infcrstatc 7O; i'hence S 0o20r04rr E 504'Bi fcet to
itre Soutn rlght-ot-way ltne ot lntersfate ?0; fhcnce S 0o20r04" E
lf2.OO.fcetithencoS'eq":Zr42rrEl329'OOtecfithcncoS0o0Sr00rtE
132r,45 feet; t h c n c o
-
H
-
il o o 5 o t l J " E l3l6.ll foct; thenco s 0o00r00rl
ilzo,gs fcct'to.fho northrvest corner of said sccfton lB; thcnco
ui""s +to nonth Ilne of said sectlon lB s 89q53r 2.1" E 24'1 .70 fcet;.-
inonio S 2ro}1 r59r' y iOf.fg foef to thc west llne of sald Scctlon lB;
thencc lt gOoOOtO0rr lr' 7.00 feet; thenco S 0"00'00" 177'00 fcct;
tt,cn"o,lt goeoorggrr ! 7.00 feet to fhe cast llne of sald sectlon l3;
ii ;;;; s il"ooioo" 6l4.Bl feett thcncc l{ B9o5lr24'r I'l 1506'85 roct;
iil;;;; H OoOOtOor tt22,6B fcoi to thc south line of sald Scctlon l2;
irro^." along sold south llne N Bgo5l'21.r' v 1306.85 fcct; thoncc.
l.l Oo4BtlB,, i/ l312.g9 f cct; thcnco N 89o57r00" l'l ll25'.90 f ccti thenco
H89u49.0g,'|.1|54|.45tactto.thcwcst||noofsaIdsectIonIliinon.o along sald west llno N ool'9'00" v l9Bl '12 leer; thcnco
s B9o5o| 54" |l 662.59 fcct; fhcnco N 0:!9|04'| tl 660.59 foe1.; thonco
N ;;r4trg6" 11 66?.59 f cc.t; thcnco N 0o02r40rr E 132O.76 f ect to tho .-..,
sorir, no of sald sactlon 2; tt"nce glong sald south I lno tt Bge52t 42n
v 1r75.25 'cot, tnou"o N B9ollr45'r 11 2692,5 | {act to tho truo polnt
ofbcaInnlng,otracl.otIandvrhIchcontoIns65f.464acrcs,moroor
I o cs .
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Am.xo*Jon
ORDINANCE NO. 20
Seriea of ]-97 4
.AN EMERGENCY ORDINANCE AMENDING THE ORDI-
NANCE ANNEXING A PORTION OF THE BIGITORN
AREA TO THE 1IOWN BY TIIE INCORPORATION
TNEREIN OF THE CORRECT LEGAL DESCRIPTION
OF TITE ANNEXED AREA
WIIEREAS, the Torvn of Vail, Coloraalo, heleinafter
referred to as the 'rTownr', annexed a portion of the Bighorn
area' Counly of Eagle, State of Colorado, through the enact-
ment by the Tor"rn Council of Ordinance No. 13, Series of 1974,
on the 3rd day of september, I.974, the effective date of lrhich
wa6 the Uth day of September , L97 4;
WIIEREAS, the legal description of the annexed area,
set forth in Exhibit A of saial annexation ordinance, contained
rninlsterial errors, to-wit the erloneous designations of
Range 80 as Range 81 and Range 79 as Range 801
WHEREAS, in order to correct the l-egal description
of the annexed. area in all documents pertaining to the annexa-
tlon which contain the aforesaid ministerial errors the Torvn
obtained from the District Court in and for the County of
Eag1e, State of Colorado, an Amended Order Authorizing Annexa-
tion $thich will take effect nunc pro tunc as of the filing or
effective date of said documents i and
9IHEREAS, the Town Councj.l fj.nds that it is necessarl'
for th€ preservatlon of public property, health, welfare,
peace, or safety to enact this ordinance as an emergency mea-
sure so as to lncorporate the correct legal description of the
annexed area in the annexatlon orclinance and to preclude any
issue as to the efficaey of the annexationi
NOW' THERE!'ORE, BE IT ORDAINED BY THE TOI,TN COUNCIL
Or TIIE TOWN OF VAIL , COLOBADO, r.\S FOLLOI{S :
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Sectlon 1. Title.
This ordinance shall be known .as the "Ordlnance
Amendlng Bighorn Anner(ation Ordlnance by Incorporating Cor-
rect Legal Description of Annexeal Area".
Section 2. Amendments to Ordinance Annexing a
Portion of, the Bighorn Area to the Tovrn.
The following sections of Ordinance No, L3, Series
of. 1974, of the Tor{n of vail , Colorado, are hereby anended as
hereinaf ter provideal :
(
area to
A. Section 2 is amended to read as follows:
Section 2. Annexation of a portion of the Bighorn
the Town.C
Pursuant to the Amended Ord.er Authorizing Annexatj.on
of the District Court in and, for the County of Eagle, State of
Colorado, entered on the 25th day of October, 1974, taking
effect nunc pro tuDc as of the filing or effectj.ve date of
all documents pertaining to the annexation, a certifiecl copy
of which is attached hereto and made a part hereof, the Toh'n
of Vall, Coloraclo , hereby eryrexeg -l{}!hout special terms o!
conditions a portion of the Bighorn area, County of Eagle,rI-
State of Coloraalo, descrlbed in Amendedl Exhibit A Legal Des-
cription of said order. /,
B. Sectlon 4 ls arnencled to lead as fo1lowss
Section 4. Flling of annexation plat.
Within thirty days after the effective date hereof
the Tovrn Clerk of the Town of Vail, Cololado, shal1 file one
copy of the Anenaled Annexation PIat, a copy of which is on
file in the District Court in and for the County of Eagle,
State of CoLorado, lrith the original of thi6 annexation ordi-
nance in the records of the Tolrn, one copy of said plat grith
the County Clerk and Recorder of the County of Eagle, State
of Colorado, and one copy oi said ptat s/ith the Divisj.on of
Local Government of the Department of Local Affairs, State of
colorado.
,t
AMENDED
EXHTBIT A
LEGA L DESCRIPTION
A pancel oF land lytng in the south 1/2 oF Section 2, Township 5 south, range
go west, the south 1/2 oF th'e south 1/2 oF Section 3, Townshtp 5 south, nange
80 west, the east 1/2 of the northeast 1,/4 oF Section 1 l ' Township 5 sqJth'
range 8o west, the west 1/2 anrC the southeast l,/4 of Section 12, Township
5 south, range 80 west, the nontheast 1/4 o? the nontheast l,/4 oF Section 13'
Township 5 south, nange 8o west' ard the northwest 1,/4 of ttrP- northwest l,/4
of the nonthwe st 1/4 of Sectton 18, Township 5 south, range 79 west of the
6th pnincipat rneridian, Eagte County, Cotorado, and descnibed as: Beginnir€
at the southeast cornen of said Sectlon 3i thence along the south line of sald
section N B9o2g'39!'W 3674,17 Feet; thence N 63"01 r24n E 665.OO feet; thence
N 17oO1 'i24" E 255.OO Feet; tfence N 58oO1'24" E 38O.0O feet; thence N 15010'13r'
w 126.41 feet; thence N 7oo39r43rr E 23O.OO feet; thence s 67o2O'17" E 3oo.oo
feet; thence S 83o2o'17't E 3oo.oo Feet; thence N 8o38'29rr w 414,45 feet to the
south right-oF-way tine of Intenstate 70; thence along said south line on the
fotlowtng counsesr s 89059'52" E 868.80 Feet, N 6501Or31" E 32.95 Feet to
the nonthwest connen of Vail Village Eleventh Filing; thence alor€ the westenn-
most ltne oF said Subdivision on the following counses: S o904'57rr E 27.22 feeti
S 30046113x W 194.73 feet; S 5oo35'14tt w 5.2,77 feet; tfrence along the southenn-
most llne of said Subdivision on the following cbrjnses: S 62"O7'44'r E 564.72
feet; s 8oo32'oo" E 225.0O feet; N 45'28'OO" E 28O.OO feet; N 64"28'00" E;
18O.OO feet; N 89o58t3O" E 4lO.OO feet; N 74"OO'OO" E 22O.OO Feet; S 89o39'0O"
E 27O.OO feet; N 33 o3O'OO" E 22O. OO Feet; N 14056'18" E 62 . 67 feet to the south
Fight-of-way line of Interstate 70; thence N 14056rla E 337.44 feet to the nonth
rtght-of-way line oF tnterstate 70 ard the southernmost ltne of Vail Vittage
Twetfth filing; thence atong said common line on the fotlowing counses: S
87o33'O5'' E 8l1.O8 feet; N 86"41r4orr E 645.34 Feet; a cunve to the night oF
which fras a radius oF 219O.oO feet and intenion angte oF 7" 11t2o't , the long
chord of which beans S 75"06'11rr E 274.59 Feet; thence along said nonth night-
of-way ltne on a cuFve to the night which has a radius oF 219o'oo feet and inter-
ion angle of 1o47t47tt , the long chond oF whlch bears S 70"29'44" E 68.66 feet;
thence s 56017'06r' E 425.;C Feet; thence N 89058'38" E 2227.73 Feet to the
east tlne of said Section 2i thence along sald east line S Oo25ro2r' E 1311 .44
feet to the nonthwest conneF oF said Section 12; thence along the north line oF
said section N a9o46ro4" E 1325.25 feet; thence S Oo22'32" E 864.47 feet to
the nonth right-oF-way line oF lntenstate 70; thence atong sald north ltne S
39015r51'' E 595.60 Feet; thence N a9056'11r' E 950.37 feet; thence s oo20r04rr
E 513.23 feet to the nonth n iEht-of-way line of Intenstate 7Oi thence S Oo2OrO4'l
E 5o4.43 Feet to the south night-of-way tine of Intenstate 7oi thence S Oo2O'O4r'
E 312.oO feet; thence S 89o52r42rt E 1329.oo Feet; thence S OooSroorr E 1325.45
feet; thence N 89o56'13'r E 1316.11 feet; thence S O"OOTOOT' 1320.85 Feet tothe
northwest corner oF said Section 18; thence along the nonth line of said Section
18 S 89o53r24tt E 247.7O feet; thence S 25601'59rr W 585.34 feet to the west
ltne oF said section 18; thence N goooo'oo'r w 7.oo feet; thence s oooo'oo" 177.oo
feet; thence N gooooroorr E 7.Oo feet to the east ltne of said Sectton 13i thence
S ooOO'OOx 614.81 feet; thence N 89o53re4't W 1306.85 feet; thence N oooorool
1322.68 feet to the south line of sald Section 12; thence along sal.d sorth line
N 89"53'24" w 1306.as feet; thence N oo48'18'' w 1312.99 feet; thence N
89o57'Oorr W 1123.9O Feet; thence N 89o49'O9" W 1541 .45 Feet to the west line ...
oFsaid Section 11; thence along said west line N oolgroo'r W 1983.12 feeti thence
s 89c5o'54'r W 662.59 feet; thence N Oo19tO4" W 660.59 feet; thence N 89o49'o6t'
W 662.59 ieet; thence N Ooo2r4o" E 1320.76 feet to the south line of said Section
2; thence along said south line N 89o52142" w 1325.25 feet; thence N 89043'45"
W 2692.51 feet to the true point of beglnning, a tract oF land which contains
653,464 acres, more on less.
(-t
8y
AMENOED ORDER
AUTHORIZING ANNEXATION
IT tS HEREBY ORDERED as tollo$'sr
ro
IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF EAG LE
STATE OF COLORADO
Ctvil Action No. 22Oo
iN THE I\AATTER OF THE )
ANND<ATION OF A PORTION )
OF THE BIGHORN AREA, )
EAGLE.COUNTY, COLORADO, )
TO THE TOWN OF VAIL, )
COLORADO )
. AfteF consideratlon of the ex Pante Motto; lor Amended
Orden Authorlzlrlg Annexatton ftled heretn punsuant to Section 139-
21-1 1 , Colorado Revised Statutes 19€3 , as amerrCeO, and tfrere being
good cause therefor,
.l
1. The mtnisterial enrors tn the legal description of the
annexed anea contatned in Exhibit A cl the Petition to Hotd an Annexa-
tlon Electton, the Arnexation Plat, arrd vaFious othen docurrrents filed
herein and pertaintng to the annexation, to-wtt the ennoneous designa-
ttorrs of Range 80 as Range 8l and Range 79 as Range 8o, wene technical'
mtnoF, ard had no appneciable effect on the annexation election and
constituted harmless emors with respect to the annexation '
2. The correct legal descriPtion oF the annexed area fs set
forth tn A mended Exhtbit A Legal Description whtch ls attached hereto
and rnade q pant hereof.
3. Alt documents filed herein ard Pentaining to the annexa-
$on whtch contatn the afonesdid mtntsteriat ernors in the.legal descntp-
tton of the annexed aFea are amended by the substttution theretn of the
tegal descrtption of the annexed area set forth tn A mended Exhibit A
Legat Descnlption for the errordous legal description'
o'
DlsTRlcT c :l rfiT
Eagl€ Colrnty, I 'Jl:'.'ndo
Cortified to bc lull, tr.:c a;d ccrrtEl
copy ol the oiiji;'.ll i1 m}, cusio':Y.
o.
4. In accordance wtth the result oF the annexation electton
he td on the 6th day of ,August, 1974, whenein there were 151 votes for
annexatlon and 68 votes against annexatlonr a rnajority of the votes
cast betng in favoF of annexatton, the Town ofVail, Colorado, ls
authonized to annex without speclal teFrrrs on corditions a portion of
the Btghorn area, Eagle Count5r, Colorado, descntbed tn h merifeb '.'
Exhibtt A :Legal Descrlption. I
' 6. All costs and expenses connected with the amexatlon,
tncluding commissl.oneF fees not exceeding fdn each commlsslonen
$2.O0 fon each hour of necessary senvice, shall be patd by the Town
of Vatl, Colonado.
6. Petttloner witl forthwith ftle herein an A rnended Annexa-
tlon Plat whtch contatns the legal descniptlon of the annexed area set
foFth in Arnended Exhibit A Legal DescFlpttoh.
7. With r espect to all docu ments filed heneln and pertatntng
)
to the annexation upon the ftling hereof this onder will take efFect nunc
p"o t nc as of the fillng or eFfective date of said docurnents.
DATED: Eagle, Colorado, this --E-d^y of October,
1974.
Charles R. Casey.
JUDGE OF THE ABOVE ENTITLED COTJRT
,',(
Zonrqg
ORDINANCE NO. 26
Serles of 197 4
AN ORDINANCE II{POSING ZONING DISTRICTS ON THE
PORTION OF THE BIGHORN AREA ANNEXED TO THE
TOITN AND AMENDING TI{tr OFFICIAL ZONING MAP
WHEREAS, the Town of ValI , Colorado, helelnafter
referred to es the rtTotrrnr', annexed a portlon of the Bighorn
arei, County of Eag1e, State of Colorado, effective on the
llth day of Septenber, 7974;
WHEREAS, the Zoning Ordinance, Ordlnance No. 8,
Serles of 1973, of the Town of vall, colo"ado, as amended, ls
applicable to any area annexed to the Town and contalns pro-
cedures for the imposltion of zonlng distllcts on an annexed
areai and
I,|HEREAS, Section f39.21-14(2), Colorado Revised
Statutes 1963, as amended, requlres the Town to bring the
annexed Blghorn area under lts Zonlng Ordlnance within ninety
days after the effectlv€ date of the annexatLon;
NOW, THEREFORE, BE IT ORDAII{ED BY TIIE TOIVN COUNCIL
oF THE TOIIN OF VArL, COLORADO, AS FOLLOIIS:
Section l. Title.
Thls ordlnance shall be known as the "Ordlnance
Imposlng Zoning Dlstricts on Annexed Blghol'n Area".
Sectlon 2. Procedures Fulfllled.
The procedures for the determinatlon of the zonlng
dlstricts /to be lmposed on the annexed Blghorn area which are
presclibed ln Section 22.3O0 of the ZonLng Ordlnance have been
fulfllled.
Section 3. 'Imposltion of Zoning Dlstricts on Annexed
Blghorn Area; Addltlon to Offlcial Zonlng Map.
Pursuant to Artlcl,e 22 of tl]e Zonlng Ordl.nance, Ordi-
narice No. 8, Series of 1973, of the Town of Vail, Colorado,
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Ord. 26, 1974 Page 2
as amended, the portlon of the B1'ghorn area annexed to the
Town through the enactment of Ordlnance No' 13, Serles of
L9?4, of the Town of Vall, Colorado, as amended, effective
on the llth day of September, L974, is hereby dlvided into
zoning distrlcts as shown on a map incorporated hereln by
reference whlcb arnends and shall become an addition to the
Offlcial Zoning l[ap.
Sectlon 4. Change in Offlcial Zonlng Map.
The edditlon to the Offlcial Zoning Map adopted
by the Town Councll in Section 3 bereof shall be entered on
the Officlal Zontng Uap promptly by tbe Zoning Adnlnistrator
in accordance wlth Sectlon 1.203 of the Zoning Ordlnance'
Sectlon 5. Effective Date '
This ordinance shal1 take effect five days after
publicatlon followlng tbe final passage hereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISIIED ONCE IN FULL, this 19th day of November,
1974, and a public hearing on this ordinance shall be held
et the.regular meeting of the Town CouncLl of the Town of vail'
Colorado, on the 3rd day of December, L974, ^t 7:30 P.M" ln
the Munlclpal BuiLding of the Town.
ATTEST :
Deputy;Town C rk
TOWN OFVAIL
Ofice of the Tbwn Anorney
75 South Frontage Road
Vail. Colorado 81657
970-479-2 1 07/Fax 970-479-2 I 5 7
TO:
FROM:
DATE:
RE:
MEMORANDUM
Planning & Environmental Commission
R. rhomasMoorhead
fnl
April T, 1998 l.
Vested Property Rights
Effective January I , 1988, Colorado adopted a statutory vested property rights scheme.
Pursuant to state statute, a vested property right is established upon the approval of a site specific
development plan, following notice and public hearing, by the local government in which the
property is situated. Each vested properfy right confers upon the land owner the right to undertake
and complete the development and use of the property under the terms and conditions of the site
specific development plan.
The property right vested pursuant to this statute shall remain vested for a period ofthree years. The
vesting period shall not be extended by any amendments to the plan unless expressly authorized by
the local government.
A vested property right once established precludes any zoning or land use action by a local
government which would alter, impair, prevent, diminish....or otherwise delay the development or
use ofthe property as set forth in a site specific development plan.
A "site specific development plan" pursuant to this statutory framework means a plan which has
been submitted to a local government by a land owner or his representative describing with
reasonable certainty the type and intensity of use for a specific parcel or parcels of property.
Including, but not limited to, a planned unit development plan, a subdivision plat, a specially planned
i;rea, a planned building group, a general submission plan, a preliminary or general development
plan, a condition or special use plan, a development agreement or any other land use approval
designated as may be utilized by a local govemment. What constitutes a site specific development
plan purcuant to this statutory framework that would trigger a vested property right shall be
{S *"n"rro r r"*
finally determined by the local government either pursuant to ordinance or regulation and the
document that triggers such a vesting shall be so identified at the time of its approval.
The statutory provision conceming vested rights applies only to site specific development plans
approved on or after January l, 1988.
In 1991, the Town ofVail adopted a vested property rights ordinance to provide the procedures
necessary to implement the provisions of Colorado Revised Statutes, C.R.S. Title 24, Article 68.
Pursuant to that ordinance a site specific development plan shall mean and be limited to a final major
or minor subdivision plat, or a special development district development plan.
A property right which has been vested as provided for in the Town of Vail ordinance shall remain
vested for a period ofthree years.
Additionally, each map, plat or site plan or other document constituting a site specific development
plan shall contain the following language:
"Approval of this plan may created a vested property right pursuant to Colorado Revised
Statutes, Title24, Article 68 as amended. This Town of Vail ordinance does not create any
vested property right, but only implements the provisions of Colorado Revised Statutes."
RTlWaw
,.slGlc
Berridge Associates, Inc.
Ptannrng . Landscape Archrlecture
October lE, lg8tl
Ron Riley
Ti mberfal ls Corporation
qq96 EEst Meadow Drive
Vail, CO 81657
Dear Ron,
Enclosed is the completed survey from Intermountain Engineering which depictsthe topography of the entire Timberfalls Estates parcel. \,Ve have indicated the
100 year Floodplain, areas over ttO% slope and denoted the total buildable aree.Due to the increase in the area of over tltr% slope the unit count has changedto 58.1Qd.u.. The area of over 4o%. slope which consists of 'man-maden aregamounts to.09 scre which equates to.El unit in density.
I have had discussions with Peter Patten and he hss told me that these ereas will'probably not" be counred as unbuildable but has not made e definite decisionet this time, should he decide that we will not be "penalizedn for this portion ofthe area grearer than Q0%, the rotal number of units ellowed will be sg.gsd.u..
I will try to get I def inite answer from Peter this week.
Regarding the vacation of the lot lines between rhe two Timberfalls parcels, Istill need to receive inf ormation on pheses l-3 in order to celculate the existingGRFA' I witl be out of rown until october- 25 and will call you then. tf you can
have the plens compiled by someone in your office we can calculate the existingGRFA and determine the amount that could potentially be transferred.
S in ce re ly,
Jamer
ge ciates, I
en c losure
245 Vallejo Sl . San Francrsco Cal,lornra 94111 . (415) 433-2357
P O Box 6364 . Denver Coio|.aoo 8020€ . i3O3)863.1059
1000S0 FronlageRC Wesl Su,l€ 10,1 . Ve, Cororadog1637 . (3C3r476-0651
Peter
Berridge Associates, Inc.
Planning . Landscape Archtteclure
October 'l 8. l98t{
ZONING ANALYSIS - TIMBERFALLS ESTATES
Introduction
This Zoning Analysis of rimberfalls Estates was conducted for the primary
purpose of establishing a unit count End alloweble square footEge for an
unplatted 7.5 ecre parcel located in the NEt of SWt of Section l Z, TSS,
RS0W., 6th P.M., Town of Vail, Eagle County Colorado. The Analysis is
based upon a review of rown of Veil records end files, Town of Vail Floodplein
and Avalanche Hezard Informetion, and e Topographical survey completed
by Intermountain Engineering on April 6, I 982.
Current Zoning
The Timberfalls Estates parcel is currently zoned Low Density Multiple Family
Zone District tLDMFl. The LDMF Zone allows single femily, two-femily, endmultiple-family dwellings per buildable acre ol land. The LDMF District allowsnot more than thirty square feet of Gross Residentiel Floor Area IGRFA) for
each one hundred squsre feet of buildable site erea.
Site Ana lysis/Po r e nt ia I
An Anelysis of the Timberfells E s[ates parcel was ionducted lcopy ettechedJ
and reveals that a total of 6.tt6 acres of the site is considered under the Town,s
def inition as buildable. "Buildable Area" is defined by the Town as rhar porrion
of the site which is not within the 100 year f loodplain, avalenche hazard area,
or in excess of 4o% slope. This buildable screage was utilized to compute the
information in the following Table,
245 \'allejo Sl . Sa;r Francrsco CaIlornra 94111 . {415)433.2357
P O Box6364 . Denver Coloraoo 80206 . (303,863.1059
1 000 Sc Fronia,oe Rd Wesl. Surle 100 . Vart. CorcraoJ 61657 . (303) 476-Og5t
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9. A request for an amendment to a previously approved plan for the Timber Falls
Development, located at 4469 Timber Falls Court/unplatted.
Applicant: RAD Five L.L.C.Planner: Dominic Mauriello
Dominic Mauriello gave an overview of the memo and recommended tabling this item until the
survey was complete.
Greg Moffet disclosed for the record that Greg Amsden was a customer of his company, but he
felt there was no conflict.
Dominic Mauriello said AMS Development was the applicant, not RAD.
Rick Rosen, not representing the applicant as an attorney, but as a partner of the development,
disagreed with what Dominic said. He said one of the suggestions was to apply for an SDD, but
we were told not to. He said we have been at this for 90 days and were told last week to table
the request.
Ron Riley, the developer/owner since 1972 with Jim Reiniche began his history. He explained
how they very simply received a building permit in 1968. He said in 1972 and 1973 we were part
of Eagle County and the issue of annexation came up, since the TOV was interested in taking
over East Vail. He said since we were a low density project and were comfortable with this
designation, we were annexed into the Town and in 1975-1977 we enjoyed a good relationship
with the Town. He said at the time, the Town Manager, buibing inspector, and other locals lived
in this project and they were not given preferential treatment. He said in 1978 it was requested
by the Town to have a build-out plan. He then showed the plan to the Commission which was
located in the Town files, dated December, 1978. He said this was originally not done with a
great deal of documentation. He asked why would the TOV have this in the file if not to establish
the build-out plan on the bluff for Timber Falls? He said Holy Cross needed to have this plan for
their transformer. He said that signage was installed in 1982 and has the building on the sign
and therefore, there was no question of its existence. He said in '1991, they bought Forest Glen
ur;ij downzoned. He said they made sure there was no confusion of zoning that existed for
Building 19 with the Forest Glen downzoning. He said they have never pushed the envelope and
that the trail ol evidence was conclusive that this was the build-out on the bluff. He said these
rights and understandings were with the Town and now are valid.
Rick Rosen stated Dominic had alluded to two things, one being density with Forest Glen. He
said an SDD was provided and 23 units were given up on that site. He said we kept hearing
comments about vested rights, but this case was not about vested rights. He said it was
annexed in 1974 and brought into the Town of Vail with clear property rights, yet 3/4 of the memo
was on vested property rights. He said there were documents and plans stamped by the Town
located in the file and Ron Riley has continued on his property with no amendmenls since day 1.
Greg Amsden said he spoke with Eagle County and reviewed all of the files and could not find an
approved Development Plan. He said the vested right issue came out and we have been asking
how much density was allowed. He said the letter he received from George Ruther and Tom
Moorhead said it had to go before a board and George said to look at the development plan. He
said they had no concerns that this was in the plans to begin with. He asked as the public, what
are we to do when we are told there is no development plan, when it was written all over the
plans in the TOV files. He stated that this was never deeded to the association, as there was no
master association, only individual units.
rtp.,tr1,(qqi.' PFc $J '^uk s
John Schofield asked if the master association had been ratified.
Greg Amsden said it was not final. He said the proposal was a low density solution.
Ron Riley said the master association issue was tied to condominium law and although these
were originally meant to stand on their own, we referred to them as a master association.
Dominic Mauriello said there were DRB approval forms in the file for the later phases.
Galen Aasland said he had no idea of what was ultimately allowed to be built on this site without
. numbers and the applicant needed to sit down with staff and get the numbers together.
Greg Amsden suggested filing for an SDD. He said Buildings 1 1 and 12 were never requested to
have a $4,000 survey, so this request was irresponsible and why was this a new thought. He
reminded the PEC that an SDD meant it was open game and could potentially be 38,000 sq. ft. in
structures.
Rick Rosen said we were not arguing with GRFA, but just the number of units. He said the TOV
said two units, but we had proof of 6 units.
Mel Brodie, a homeowner in the affected area, said he had a problem with the sharp overhangs
and that he spoke with an architect that was active in this community who said you couldn't put
these two units on that site. He said the architect said the four units proposed would not be able
to fit. He said he couldn't see how it would work and was also in his line of sight to the waterfall.
Galen Aasland said the PEC has no idea, without numbers, if they were allowed 1 building, or 4,
or 6.
John Schofield said it was time to linish this project up and get it right. He said a survey was
appropriate.
Diane Golden said you have the right to build a 6 dwelling unit building.
Tom Weber said it was obvious they could build something, but it was hard to verify the starting
point and he asked if the 1978 plan was what was adopted by the Town.
Ron Riley said, yes and proceeded to explain the build-out plan.
Tom Weber asked if the footprints of the other buildings had changed.
Ron Riley said, no, except Building 19, He said they wanted to alter the 6 stacked units into
duplexes.
Tom Weber said the PEC needed to start with that plan and try to verify it, as the lot seemed
pretty small.
Brian Doyon had no comments.
Tom Moorhead explained the vested rights legislation.
Greg Moffet summarized the degree of documentation.
Lynn Fritzlen said she represented one of the owners on the Lodge at Vail and said she had
relied on early documentation. She said that density from the early 80's did not apply. She said
the conclusion she came to, as a policy making board, was the original development in the best
interest of the community. She stated that in some cases there was not a black and white
answer and the governing body needed to make a decision.
Greg Moffet said this looked like an SDD slam-dunk.
John Schofield asked how that parcel related to its surroundings.
Greg Moffet asked if it was reasonable for an applicant to rely on the document trail. He said a
reasonable person acted reasonably over a number of years to do something on this property
and he felt an SDD was right for this property.
Dominic Mauriello said that even with an SDD, a survey of the entire development would be
required.
Greg Amsden asked why you would survey private property.
Rick Rosen said he was not a proponent of an SDD because it changes the use of the property
and we need direction on where to go with this application. He felt an SDD would not be a slam
fi,"k. He said he believed we have the documents out of the Town's files that allow
approximately 38,000 sq. ft. ot GRFA. He felt once they can finalize the master association, they
would give up the two units and build only the four units.
Greg Motfet asked for clarification on what was being amended?
Rick Rosen said we were only amending those six units and the footprint was identical. He
asked why they had to do different elevations on the same building on a building site that has
been in existence for over 26 years. He said they wanted to amend the site plan of the six
stackable units.
John Schofield asked what was approved and he asked if this was ever filed in the County.
Ron Riley said, yes, that each phase was filed.
Dominic Mauriello said every phase was a separate Condo Association document.
Greg Moffet accepted that the replication of Building 18 was the same as Building 19. He said
that anything ditferent would require all the specifics of the approved. He said the applicant had
what they always thought they had, but if something different was done, then the PEC would
have to take a look at it.
Mike Mollica said if there was a question whether there were development rights, then the PEC
should make a motion to that effect.
Greg Moffet asked since the application stated an amendment to the plan, was it appropriate to
ratity this.
Galen Aasland made a motion for approval that Building #19 is a vested right in the exact same
torm, size, density, and configuration as Building #18 and that anything "in addition to" or
"different than" specilically that, will require a review of an amended plan.
John Schofield seconded the motion.
The motion passed by a vote of 6-0.
Ron Riley said Forest Glen left 7.5 acres silent and since it was totally unrelated to the other side
would confuse the issue.
John Schofield said the Forest Glen site was approved as an SDD and the legal process
eliminated that portion and that we were dealing with the remaining portion.
Greg Amsden said the building plan for Buildings 1-20, never included the 7.5 acre piece.
Dominic Mauriello asked about a process for the amendment and if the PEC wanted them to do
an amendment for an approved development plan.
Greg Amsden suggested tabling the application.
John Schofield said we were amending the development plan and how it related to it.
Rick Rosen said to amend the site specific Building #19.
Greg Moffet asked how much GRFA and site coverage was there on the building site for Building
#19?
Dominic Mauriello said there was 19, 600 sq. ft., according to the applicant's survey.
Galen Aasland made a motion to table the request to amend a previously approved Development
Plan untilMay 11, 1998.
Tom Weber seconded the motion.
The motion passed by a vote of 6-0.
?
TOWN OF VAIL
D epartment of C o mmunity Deve lop me nt
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
August 25,1998
Greg Amsden
AMS Devclopment, Inc.
500 S. Frontage Road East, Suite 112
Vail, CO 81657
RE: Timber Falls-Application for an amendment to thc approved development plan
Dear Mr. Amsden:
The Planning and Environmental Commission (PEC), at its August 24, 1998 meeting, denied your
application for the an amendment to the previously approved development plan for the Timber
Falls development located in Vail. The PEC made the following finding:
The proposed development plan is a substantial dcparture from thc approved devclopmcnt
plan due to the increased site disturbance and building footprint, which has a potcntial
detrimental effect to the site and surrounding uses.
This action was a final action by the PEC on this application.
F. Mauriello, AICP
Chief of Planning
{p *"n""to"'*
PLANNING AND ENVIRONMENTAL COMMISSION
Monday, August 24, 1998
FINAL AGENDA
Proiect Orientation / LUNGH - Communitv Development Department
MEMBERS PRESENT
Greg Moffet
John Schofield
Galen Aasland
Diane Golden
Ann Bishop
Brian Doyon
Tom Weber
Site Visits:
Updated 8/14 4pm
12:00 p.m.
STAFF PRESENT
Dominic Mauriello
George Ruther
Jeff Hunt
Judy Rodriguez
FII.E f;flP:r
MEMBERS ABSENT
12:45 p.m.
1. RAD Five - 4469 Timber Falls Court
2. Vail Village Club - 298 Hanson Ranch Road
3. Vail Cascade Hotel - 1300 Westhaven Drive
Driver:Dominic
NOTE: lf lhe PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30
p.m.
Public Hearinq - Town Gouncil Chambers 2:00 p.m.
1. A final review of a conditional use permit for a proposed addition to the Vail Interfaith
Chapel, located at 19 Vail Road/ Tract J, Block 7, Vail Village 1st.
Applicant: Vail Interfaith Chapel, represented by Gwathmey/Pratt Architects
Planner:Dominic Mauriello
MOTION: John Schofield SECOND: Diane Golden VOTE: 6-0-1 (Brian Doyon
recused)
APPROVED WITH 5 CONDITIONS:
1. The approval is subject to Town Council approval of encroachments on the Town
-owned stream tract .
2. The applicant shall enter into an encroachment agreement with the Town of Vail
for all new and existing encroachments on Town-owned property.
3. No grading shall occur in the flood plain and all grading issues shall be worked out
with staff prior to DRB approval.
1l
uPdatcd 8/14 4Prn
1. That there be a provision to provide access to a streamwalk.G rrr
5. That parking be added if the basement is finished.
2. A request for an amendment to a previously approved development plan for the Timber
Falls Development, located at 4469 Timber Falls CourUunplatted.
Applicant: RAD Five L.L.C., represented by Greg AmsdenPlanner: Dominic Mauriello
MOTION: Galen Aasland SECOND: Brian Doyon VOTE: 6-1 (Greg Moffet
opposed)
DENIED
3. A request for a major amendment to SDD #4, to allow for a fractional fee club and a
change to the approved Development Plan, located at 1325 Westhaven Dr., Westhaven
Condominiums/ Cascade Village Area A,
Applicant: Gerald L. Wurhmann, represented by
Planner: George Ruther
MOTION: Galen Aasland SECOND: Brian Doyon
opposed)
APPROVED WITH 14 GONDITIONS:
Robby Robinson
VOTE: 6-1 (John Schofield
t.
2.
o.
4.
That the applicant appear before the Town of Vail Design Review Board for a
conceptual review of the proposed major amendment prior to appearing before
the Vail Town Council forfinal consideration of the request. Any and all issues
identified by the Design Review Board at the time of the conceptual review shall
be addressed prior to appearing before the Town Council.
That the applicant submit a detailed contractor=s cost estimate identifying the
costs necessary to relocate the existing overhead utility line along the applicant=s
north property line underground, and that the applicant establish a financial bond
with the Town of Vail in the sum of 125% of the said relocating costs to insure the
undergrounding of the utility line.
That the applicant regrade and revegetate the knoll located at the northwest
corner of the development site at the time of the final grading of the Westhaven
Club & Lodge. Due to the exposure and aspect of the hillside, the knoll shall be
regrading to slopes not exceeding 3:1 . The regrading shall be reviewed and
approved by the Town Engineer.
That the applicant provide Type lll Employee Housing Unit deed-restrictions ,
which comply with the Town of Vail Employee Housing Requirements (Title '12,
Chapter ''|3, of the Town of Vail Municipal Code) for each of the 21 employee
housing units, and that said deed-restricted housing be made available for
occupancy, and that the deed restrictions be recorded at the Office of the Eagle
County Clerk & Recorder, prior to requesting a Temporary Certificate of
Occupancy for the Westhaven Club & Lodge.
That the applicant submit detailed civil engineering drawings of the required off-
site improvements (street lights, drainage, curb and gutter, sidewalks, grading,
etc.) to the Town of Vail Public Works Department for review and approval prior to
the issuance of a building permit.
6
-b
6.
Updated 8/14 4pm
That the applicant record a twenty foot (20') wide pedestrian/bike easement for
that portion of pedestrian/bike path traversing the applicant=s property and as
identified on the Topographic Map prepared by Intermountain Engineering Ltd.,
dated 12122194, and that said easement be recorded at the Office of the Eagle
County Clerk & Recorder, prior to the issuance of a building permit. The exact
location and language of the easement shall be reviewed and approved by the
Town Attorney and Town Engineer prior to recordation.
That the applicant provide written documentation from the Public Service
Company granting approval of the construction of the Westhaven Club & Lodge in
the location identified on the site plan relative to the high pressure gas line.
Written approval shall be granted prior to the issuance of a building permit.
That the applicant record an access easement along the east property line for that
portion of the driveway and access and trash enclosure which encroaches upon
the adjoining property and that said easement be recorded at the Office of the
Eagle County Clerk Recorder. The exact localion and language of the easement
shall be reviewed and approved by the Town Attorney and Town Engineer prior to
recordation.
That the applicant explore alternatives to the proposed parking plan and provide
all of the required parking spaces (58) on-site as requested by the Vail Town
Council.
That the final landscape plan and architectural elevations be reviewed and
approved by the Town of Vail Design Review Board.
That the approval of this major amendment to Special Development District #4
shall become lapsed and void one year from the date of a second reading of an
ordinance amending the district, and that should the approval lapse, the applicant
shall be required to remove the Aruins@ and restore and revegetate the site by
no laterthan October3l, 1999. A bond providing financial securityto ensure that
said removal occurs shall be required following second reading of an amending
ordinance. lt shall be the applicant=s responsibility to provide a cost estimate of
the removal work. The bond shall be a minimum of 125% of the removal costs.
12. That the applicant revise and submit an amended site plan, landscape plan, and
grading plan indicating improvements to the existing boulder retaining wall along
the east side of lhe access driveway. Each of the plans shall be reviewed and
approved by the Town staff and the Design Review Board.
13. That the surface parking lot be heated.
14. That the applicant pay-in-lieu for 10 parking spaces.
A request for a CC1 minor exterior alteration and site coverage variance to the Vail
Village Club, located at 296 Hanson Ranch Road/Lot C, Block 2, Vail Village 1st.
Applicant: Remonov, Inc., represented by Gies Architects
Planner:George Ruther
7.
L
9.
10.
11.
4.
MOTION:JohnSchofield SECOND:AnnBishop VOTE: 7-0
d\r
Updated 8/14 4pm
APPROVED WITH 1 GONDITION:
1. That the existing roof-top mechanical equipmenl be screened to staff's
salisfaction.
5. A request for a worksession to discuss a major amendment to SDD #4, to allow for the
use of the tennis facility for special events and conference facilities, located at '1300
Westhaven Dr.l Cascade Village Area A.
Applicant: Vail Cascade Hotel and Club, represented by Chris Hanen
Planner: George Ruther
WORKSESSION - NO VOTE
6. lnformation Update
7. Approval of August 10, 1998 minutes.
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign fanguage inlerpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
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4459 Timberfalls Court
Vail, Co. 81657
August 22.,1998
Mr Dominic F. Mauriello
Town of Vail
75 Frontage Road
Vail, Co. 81656
RE Plan for Lot 19
Dear Mr. Mauriello:
As a follow up to our me€ting this morning, please allow me to document my concerns regarding
the proposed expansion on lot 19. Any building on this lot will further exacerbate the problems
and confusion currently in Timberfalls. The land that building 18 owns has already been used too
much as a common area and any expansion plans should correct these problems rather than
making them more severe.
Specifrc items that should be considered are:
Access to the swimming pool and tennis courts. Currently the only vehicle access is
across our property. We have allowed this access as a courtesy for a few years, but now
the access has become a daily event and we are taking steps to close this driving route to
protect our property. Further, one oftwo footpaths to the pool and courts cross our
property. While the area for building l9 is owned by the developer of Timberfalls, he
should develop both road and foot access to this pool so that it can be propedy serviced.
The proposed drive access to this building appears to cross land owned by building 18.
We plan to have a survey completed in the next few weeks to e$ablish this property line
in the common area. From the information we have, the plans submitted have drive area
that crosses on to our land.
The development of Building 19 will destroy many valuable tre€s. While the plan calls
for replacing them, the footprint of buildings and parking make this nearly impossible.
Before any building is allowed, plans should be made and access provided for all of the
infrastructure requirements of Timberfalls. This should have been done before any construction
was started. Now is the time to make corrections before a swimming pool and two tennis courts
are land locked and there is way to service them. They would further deteriorate and become a
signifi cant safety hazard.
Please stop any development until these errors have been rectified.
Jul 23 98 l1:33a Fmsd
o
€nr Davis & Fourler RE S??6 -863?o-4
o
VIA FAX: 479-2452
p.r
Grogory M. Amsdcn
2635-B Larkspur Lane
Vail, Colorado E1657
July23,1998
Domonic Mauriello
c/o Town of Vail Planning Dept.
75 South Frontage Road
Vail, CO. E1657
Rc: Site #19, Timber Falls
Amendment to an Existing Dwelopment Plan
Dear Dominic:
Thank you for your letter providing the zubmittal date for accommodation of the above
referenced project at the August loth Plaruring and Environmental Commission meeting, Due
to a the reccnt birth of Hclen "l.{cll" Snow, Sally Brainard was unable to completo the
zubmittal drawings and site plan. I would like to request that the staffand Planning
Commission table the item until the August 24thPEC meeting. It is my understanding that the
submittsl date for this me€ting is July 27th...since this is a cortinuing itern, is it possible to
submit by Monday, August 3rd? Please contact me by fax to clariS this date.
Ifyou have any additional questions, don't hesitate to fax rne note at 47G8637.
cc: Jack Snow - RKD Architects
Residcnce: (303)-479-0337 Olficc: (303)-4?G8610
oo
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JtL-24-198 W.49 HYDRIFTRIRD 369899!132 P.@/63
H.T. CONSULTING, INC.
203 Yank Ct.
Lakewood, Colorado 80228
303t7t6-9790
July 24. 1998
Mr. Greg Amsden
Amsden, Davis & Fowler
Suite 112, TheWlen
500 S. Frontage Road Easl
Vail, Colorado 81657
Re: Site 19, Timber Falls, Bighom Subdivision
Vail, Colonado
Dear Mr. Amsden:
You have requested my raniew of the snow avalanche hazard relative to Site 19, Timber
Falls Bighom Subdivision, Vail. Colorado.
Background
The Timber Falls arralanche path has been evaluated by varioue avalanche spechlists
beginning in the early 1970 decade, thes€ included Art Meers, P.E., Hans Frutiger of
Urd SrtriJs Avalanc-lre Instifute as well as the euthor. Hans Frutiger of the Swiss
Avalanche Institute made the most definitive analyses that led b the avalandte training
dikes design in 1976. Dudng the early 1980's I revierred the status of the construc'tion,
discussed the design parameters wllh Hans Frutiger and outlined additional
construc,tion for the mining dikes. To the best of my knorledge, the construction was
completed and the current status of the tralning dlkes complies with Hans Frutige/s
design.
Sfie t9
In evaluation of the arralanc*re runout zone and hazard mapping relative to Site 19, it is
clear that the site building envelopes are outside the avalanche runout zone. This is
based upon the runout zone resulting ftom the training dikes as des'lgned by Hans
Frutiger and maintrained in fu nctional condition.
It-L-24-19[J 9lfJ.49
' . Mr. Greg Amsden
July 24, 1998
Page2
HYIRTF
I
TRIRD 3698:1'932 P.B/53
lf there ae additional questions rclathn b the site or tte taining dikes, pbase contact
me at your comrcnbnce.
Sinccply,
Towr of Vail
HoD
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TOTRL P.E3
JUL- I A-9A O6:32 A 1'l P-01
nMS l)evelopment, Inc.
July 15, | 99t
Dominic Mauriello
c/o Town ol'Vail Planning Dcpt,
?5 South Frontege Road
Vail. CO. 81657
Re: Site #19. Timbcr f alls
Amcndment to an Flxisting Dcvelopment Plm
VIA FAX: 479-ASz
Dear Dominic.
Enctorcd ir a copy of a letter tiom Ron Hallc ofHydro,Triad Engineering rogarding avalanchc conditions
for Site f 19 at Timbcr Fallu for staffs review.
Aftcr the informative PEC meeting on July 136, the devetopmcnt team is researching a site plan utilizing a
townhouro lbrmat. We are requestipg to be placcd on the ffrst PEC hearing in Auglrt, Sally Brainard of
Rich rnd Krusin Dcsign will be reviilng the site plan accordingly. Please contact her at 476-922E as soon
rs possible rcgarding submittal deadlines to allow staffedequate time to review the ncw townhouso
format
tf you hrvc any qucstions, don't heiitata to fax me sI476-8637. Thurk you for your assistsncc.
Sinccrcly,
rMlDewloRmy rn
'A( c--;
3furoiv M. Amsden, Prerident
cc: Tom Murrhcad
Robcrt McLaurin
Russcll Forcst
Ron Rilcv
Ir'rontrgcv cl Bert, Sitc. ll2
('oloredo t1657lA76.t6tO
JUL- 1?-98 a6 :53 Al'l P. ets
/o ur.,"::: J"1lf"?'i rorrl
303/716.9790
Mr. Greg Amodsn
Amsden. Davls & Fowler
Surte 112. The Wren
500 S. Frontagc Road East
Vail. Colorado 81657
Re. Site 19, Timbcr Falls, Bighom Subdivision
Vail, Colorado
Dcar Mr, Amsden:
You have reqwstad my rcvlar of the sno$, avaltnche hazard rclathre to Site 19, TimDer
Fall* Bighom Subdivision, Vril, Colorcdo.
EackS4/
The Timbor Falh avalanche path hes b€en evaluated by various avalanc{p speciallsls
beginning in thc carly 1970 decade, these included Art Mears, P.E., Hans Frutiger of
ths Swrss Avalanohc Inctitute as well as lhe aulhor. Hans Frutlgot of the Surlst
Avalanche Inetitule made the most detinitive analyses that led to the avalancm tralnlng
dikcs dcsign in 1976. During the early 1980's I reviewed lhc slalus of the conotruc'tion,
discuesed the dcsign parameten with Hans Frutiger and outlined additional
conslructlon for the trainirq dikes. To lhe best of my knodcdge, lhe conslruc{ion was
completed and thc curent status of the training dil<et complies wilh Han! Frullger's
deslgn.
Srle 19
In evaluation of the avalenohe runout zone and hazard mapping relativo to Site 19, rt is
clcar that the site bulldlng envelopes are outside the avalanchc runout zonG. This is
bascd upon thc runout rone resultlng lrom the training dikeo as designed by Hans
Frutlgor and malnblnod ln funqionalcondition.
JUL-17-98 06:32 A1{
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Mr CrngAnndcn
July ltl, 1898
Pego 2
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It thur ra rdditiond qrndinr lrHhp to |hc dlc or thc hrlning dkct, pbrrc conbclm! at yDUr conrtnhncg.
R.L. Hdley, Jt., PEcc: t'ilndv.ll
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TOWN OF VAIL
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970479-2452
July 15, 1998
Greg Amsden- -
AMS Development, Inc.
500 S. Frontage Road East, Suite I 12
Vail, CO 81657
RE:Timber Falls - Proposed amendment to development plan
Dear Mr. Amsden:
., The Planning and Environmental Commission, at is July 13, 1998 meeting, tabled your proposal
to the August 10, 1998 meeting. If you intend to have this itemreviewed at this meeting, you will
need to provide a complete revised submittal to the Community Development Department by July
21, 1998 at 5:00 pm. Otherwise we will need to revise the schedule for this itern
rl*b\u-3-
Dominic F. Mauriello. AI
Chief of Planning
{9 **"ttor r"*
,r
Updalcd 7/14 9am
PLANNING AND ENVIRONMENTAL COMMISSION
Monday, July 13, 1998
FINAL AGENDA
Project Orientation / LUNGH - Community Develooment Deoartment 11:00 p.m.
MEMBERS PRESENT MEMBERSABSENT
Greg Moffet
John Schofield
Galen Aasland
Diane Golden
Ann Bishop (left at 4:30 p.m.)
Brian Doyon
Tom Weber
Site Visits : 12:00 p.m.
1. La Tour - 122East Meadow Drive2. Antleis - 680 West Lionshead Place
3. Scolnick - 2935 Basingdale Blvd.
4. Liberty Wirestar - 3160 Katsos Ranch Road (Vail Mountain School)5. Craythorne - 2701 Davos Trail6. Mt. Bell - 160 Mountain Bell Road7. Rockledge Rezoning - Rockledge Road
8. Gorsuch - 263 Gore Creek Drive
9. Byrne - 493 Beaver Dam Road
10. Ptarmigan Rezoning - Ptarmigan Road11. Meyer - 813 Potato Patch Drive
12. Timber Falls - 4469 Timber Falls Court
2:00 p.m.
1. A request for a front setback variance to allow for the construction of an inclined elevator,
located aI2701 Davos Trail/Lot 15, Block B, Vail Ridge Subdivision.
Applicant: Sonia & Brian Craythorne, represented by Galen Aasland
Planner: Christie Barton
MOTION: John Schofield SECOND: Tom Weber VOTE: 6-0-1 (Galen
Aasland recused)
APPROVED WITH 1 CONDITION:
Driver: George
@
NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6.00 - 6:30 p.m.
Public Hearinq - Town Council Chambers
a*r
Updated 7/14 9am
1. A revocable Right - of - Way Permit will be obtained before a building permit is
issued and changes be made to the staff memo to incorporate the 0 setback and
the relocation of the tree from in front of the structure.
2. A request for a variance to allow for GRFA in the front setback located at 2935
Basingdale Blvd./ Lot 19, Block 6, Vail lntermountain Subdivision.
Applicant: Jay & Sheryl Scolnik, represented by Railton-McEvoy ArchitectsPlanner: Christie Barton
MOTION: John Schofield SECOND; Diane Golden VOTE: 7-0
APPROVED
3. A request for an additional 250 square feet of GRFA for a pnmarylsecondary residence
_ located at 493 Beaver Dam Road/ Lot 1, Block 2, Vail Village 6th.
Applicint: Ron Byrne, represented by William Reslock
Planner: George Ruther
MOTION: Ann Bishop SECOND: Galen Aasland VOTE: 7-0
APPROVED
4. A request for a minor exterior alteration in CCI at the Clock Tower Building, located at
263 Gore Creek Drive/ Lots C, D, E & F, Block 5, Vail Village First Filing.
Applicant: Gorsuch Ltd., represented by Reso( Design Collaborative
Planner: George Ruther
MOTION:Ann Bishop SECOND: John Schofield VOTE: 7-0
APPROVEO WITH 3 CONDITIONSI
1. That the applicant submit detailed civil engineering drawings indicating how the
gutters and downspouts will be tied into the Town of Vail stormwater system. The
drawings shall be submitted for review and approval of the Town Engineer prior to
the issuance of a building permit.
2. That the applicant submit an application and receive a revocable right-of-way
permit to allow for work to be completed in the Town of Vail right-of-way prior to
the issuance of a building permit.
3. That the applicant pay 82,677.65 into the Town of Vail parking fund prior to the
issuance of a Temporary Certificate of Occupancy.
5. A request for a conditional use permit to allow for the installation of a telecommunication
facility at the Vail Mountain School, located at 3160 Katsos Ranch Road/ Lot 12, Block 2,
VailVillage 12th.
Applicant: Liberty Wirestar, represented by Jill Jilenick
Planner: Christie Barton
MOTION:Tom Weber SECOND: Brian Doyon VOTE:7-0
APPROVED
ID\
Updated 7/14 9am
6. A request for a major exterior alteration in CC2 and a conditional use permit, lo allow for
an outdoor dining deck, located at the Village Center Building (La Tour), 122 Easl
Meadow Drive/ Block 5E, Vail Village 1st.
Applicant: Fred Hibbard, represented by Snowdon & Hopkins ArchitectsPlanner: George Ruther
MOTION: John Schofield SECOND: Galen Aasland VOTE: 7-0
APPROVED WITH 7 CONDITIONS:
1. That the unpainted soffits on the existing building be painted priorto the issuance
of a Temporary Certificate of Occupancy for the addition.
2. That the applicant provide spot elevations, as deemed necessary by the Public
Works Department, for the proposed addition, prior to application for Building
_ Permit. The purpose of the spot elevations is to determine the effects of the
proposed addition on the surface drainage of the plaza area.
3. That the applicant install a snowmelt system under the entire area of the plaza.
Portions of the plaza have been left unheated pending the proposed
improvements to the Village Center Building.
4. That the applicant replace the non-matching pavers along the curbline in front of
Cleone's and Karat's with the matching pavers that will be removed to
accommodate the footorint of the new restaurant addition.
5. That the applicant submit detailed drawings of the new landscape planter for the
review and approval by the Town of Vail. The new landscape planter shall be
construcled pursuant to the direction outlined in the Vail Village Urban Design
Guide Plan.
6. That the applicant pay $48,896.17 into the Town of Vail parking fund. The pay-in-
lieu fee is intended to mitigate the increased parking requirement resulting from
the construction of the new addition. The parking fee shall be paid in full prior to
the issuance of a Temporary Certificate of Occupancy.
7. That permanent ski storage be established.
7. A request for a side setback variance, to allow for the construction of an additional
garage, located at 813 Potato Patch Drive/Lot 1, Block 1, Vail Potato Patch.
Applicant: Liz & Luc Meyer, represented by William Pierce
Planner: Dominic Mauriello
MOTION: John Schofield SECOND:Ann Bishop VOTE:6-0-1 (Tom Weber
recused)
APPROVED
t-'
nufopv
Updated 7/14 9am
L A request for an amendment to a previously approved plan for the Timber Falls
Development, located at 4469 Timber Falls CourUunplatted.
Applicant: RAD Five L.L.C., represented by Greg AmsdenPlanner: Dominic Mauriello
MOTION: Galen Aasland SECOND: John Schofield VOTE: 6-0
TABLED UNTIL AUGUST 10, 1998
9. A request for a worksession of a major exterior alteration in CC2 and the establishment
of a Special Development District for the Antlers at Vail, located at 680 W. Lionshead Pl./
Lot 3, Block 1, Vail Lionshead 4th Filing.
Applicant: Antlers Condominium Association, represented by Robert LeVinePlanner: Dominic Mauriello
WORKSESSION
10. A request for a conditional use permit to allow for additional antennae on the Mountain
Bell tower, located at 160 Mountain Bell Road/ Unplatted
Applicant: Town of Vail
Planner: George Ruther
MOTION: John Schofleld SECOND: Brian Doyon VOTE: 7-0
APPROVED WITH 2 CONDITIONS;
1. That the applicant paint the additional antennae and the appurtenant equipment
an earth-tone color (grey/brown), to reduce any visual impact associated with the
installation of the antennae.
2. That The Learning Tree and ABC School be notified of this approval.
11. A request for a rezoning from previously unzoned property owned by the United States
Forest Service and transferred to the Town of Vail pursuant to the Land Ownership
Adjustment Agreement to Primary / Secondary Residential District for property located at
Rockledge Road/portions of United States Forest Service Lot 3, totaling 1.78 acres based
upon the proposed Final Plat (not yet recorded) of Rockledge Forest Subdivision
prepared by Dennis Shelhorn as Job No. 0332-002 dated February 25, 1998.
Applicant: Town of Vail
Planner: Dominic Mauriello
MOTION: John Schofield SECOND: Galen Aasland VOTE: 7-0
APPROVED
12. A request for a rezoning from previously unzoned property owned by the United States
Forest Service and transferred to the Town of Vail pursuant to the Land Ownership
Adjustment Agreement to Primary / Secondary Residential District and Natural Area
Preservation District for property located at Ptarmigan Road /Government Lot 2 (1.66
acres) and Lot 3 (4.252 acres) created bya surveydone in 1995 underthe authorityof
the Bureau of Land Management Cadastral Survey.
llr
Updated 7/14 9am
Applicant: Town of VailPlanner: Dominic Mauriello
MOTION: John Schofield SECOND: Galen Aasland VOTE: 7-0
APPROVED
13. A request for a minor subdivision of Lot G-1 to create a new lot, located at 1410 Buffehr
Creek Road, Lot G-1, Lion's Ridge Subdivision Filing 2.
Applicant: Leroy Schmidt, represented by Eric JohnsonPlanner: Dominic Mauriello
WITHDRAWN
14. A request for a conditional use permit, to allow for a bed and breakfasl operalion, located
_al1779 Siena Trail/Lot 18, Vail Village West Filing #1.
Applicant: Malin Johnsdotter/ Robert ZeltmanPlanner: Christie Barton
TABLED UNTIL AUGUST 24, 1998
15. Information Update
16. Approval of June 22, 1998 minutes.
The applications and information about the proposals are available for public inspection during
regular office hours in the project plannefs office located at the Town of Vail Communiiy
Development Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification. Please call479-2356, Telephoneforthe
Hearing lmpaired, for information.
Community Development Department
Published July 10, 1 998 in the Vail Trail.
o'u I OS 98 I O: 28a Fmsden, Davis & Forulen RE 9?O-476-8637 p. r
AMS JDevelopmentr nnc.
July 13, l99E
Dorninic Mauriello
c/o Town of Vail Plaruring DePt.
75 South Frontage Road
Vail, CO. 81657
Re: Site #19, Timber Falls
Amendment to an Existing Development Plan
YIA FAX: 479-USz
Dear Dominic:
Enclosed is a oopy of a geological conditions report by H-P Geotech for Site #19 at Timber Falls for
staffs review. One area the report does not cover is the effec't of the existing avalanche mitigation as it
applies to this site- I have contacted Ron Halle of Ilydro-Triad Engincering in Denver, tlte firm that did
the original avalanche mitigation at Timber Fallg and provided him with all the details of the proposed
dwelolment. He is reviewing the information at this time and applicant will provide a copy of his letter
prior to the subminal of materials for DRB review.
please fax me a aopy of the staffs mernorandum and recommcndation as well as the agenda fo1 the \tV
13fi planning ana inui.onmental Commission meeting when they become available on Friday, Iuly 10"''
SaIV grainard of Rich and Krusin Design and I will be in attendance to present at this meeting the
proposed development plan and arrwer any questions.
lfyou have any questions, don't hcsitate to f&( me af 476-8637 . Once again, thank you for your
assistance with this apPlication
Sincerely,
President
Tom Moorhead
Robert Mclaurin
Russell Forest
Ron Riley
970)476,8610
97O1,476,8637
5fi) South Frontege Road East, Stc. ll2
Vail' Colorado 81657
JUI O9 98 10:28a Hmsden, Davis & Four I en RE 970 -.r?6 -863?p.2
I :44 N0 . U06 P .02ilepuur ttrPaulak Ueot.ctt f tJui-945-8454 .irn f vu
Hr.rwonrx-PAwLAK GRorecnntcAl, lNc.
Junc29,1998
Timbcr Fulls Chalct L.I.C
c/o Amsdcn, Davis ond Fowlcr
Attentiotr: Mr. Grcg Amsden
500 Souttr Frontagc Rotrd East
Vail, Culorado 81657
ltolo Rord lta
Glcnwood $pdngr, CO 61601
frr t70 tll-015{I fhone 9t0 9att9L
Job No, 198 391
Subjcct: Gcologic Sitc Rcvicw. Lot 19, Tirnber Falls, Vail' Colorulo
Dear Mr. Amsden:
As requeslcd, wc hov|! conductcd a gcologic sitc revicw of Lot 19. Tha purposc ttl'
ttre rcvicw was to cvoluote iflhcfe Ore gcologic cottditions that could prescnt siguificartt
constrahls ro thc proposctl rlevclopmcnt. Thc rcvicw iucluded o sitc visit 9n Junc 16'
| 998. In addition we hqvc qlso ktokcd at published geologic teporls aud nerial
photogrophs. This letter hrs bcen preparcd to sutnrnarizc out ftttdiugs.
PROPOSF.D DEVDLOI'MENI'
tt is our undersnnding thor two single fumily rcsidcllccs and o duplcx unit uru
plamcd for Lot 19. Thc buildiugs will bs locrted in th,e southwestenr part of the lot wlrcrc
slopcs are modqtate.
SITECONDITIONS
Lor t g cpvcrs oborrt 0.8 acrcs antl is parr of ilre Timber Falls residential complcx in
F;rst Vail. Existing nrutti-l'anrily rcsidelltiol buildings are locctcd on udjirccrtt lots to tlrc
west, Sogth, und cast. A ctrmmtln ntca with (cnnis courts and swittttttillg pull are locutcd
ta the northwesl. Corc 0'eek bordcn the lot on tln noilhenst and is locnted about l0 lbet
below thc lorvest clcvatiol oftltc thrct proposcd buikling cnvclopes' Slopcs in tlrc
nrt)poscdbui|<lingcnvchpcsnrctypiuu|lybctwccn|07oand25%.AvcrystceP
"r",r.pnl"ut
or ahrut 6570 grnclc parallels colc clcek t0 thc northenst of thc building
envoh)pcs. Tbe stecp
"o,ryon
sidc of Gore Crcck is locatcd about 600 fcct to the
sou$west of the lot. vr:geurion on lhc tot consists of aspens nnd a few couifcrs with it
grass und btush undelslory.
fiEOLOGIC SE'TIINC
Regional gcoktgic mapping indicotcs tbut t'ormqtion rock in llrc arcu is tlre
pcnnsylvaniorr-uge Minturu lbrmorion 6'*eto and Lovering, 197?)' 'l'hc Minturn corrsist
of grsy ra[dstoDs, conglomcrDte, and shatc with somc limestonc and dolornitc bcds' The
Mintum crops our locoily on thc c'nyon side to thc soulhwcst. Major fiults havc not bcen
nrappetl af drc project sitc, but nulllclous fault truces in the Oore l'ault Znrrc arC prcscnt t)n
tlrc northonst conyon sidc ill the Pitkin arrd Bighorn creek oreo about I nrile to thc
norrh$ost of thc projccr arcir. Quatcrnory movcmcnl (less than l'8 nillion ycars old) has
not bccn drnunrcnted on rhc Gorc l'oult z.onc (Kirkhom and Rogcrs, l9El)'
Jul OS 98 lO:29a Hmsden, Davis & Fourler RE g?0-4?6-863?
Juil eo
p.3
Poge 2
Timber Falls Chulet LLC
June 23, l99E
On Lot 19, thc Miutunr Formation is covcrcd by olluvial fan and glacial drift.
I.urge bouldcl$ ore common in tbe soil deposits at thc sitc. Tbc glucid drift was dcpositcd
during tbc lote Plcistocsnc Pitrcdole gluciol period. This alluviol fm, unrl others in lhc
Gorc Crcek cmyon dcvelopetl within the last 10.000 ycors ofler melting of the Pincdalc
glacicrs. The fans arc still geologically activc. Thcy arc largcly thc rcsult ofiufrcqucnt
debris flow duposition. Several alluvial fans in the Vail oren wcrc tlrc sites of dcbris
dr;position in May of 1984. Iargc scdc dcbris dcposition ls not apparcnt ot this titnc on
thc'l'irntrcr Falls fan.
OF.OI.(}CIC SITE ASSESSMENT
Tlrc Gorc Creek canyon in thc Vail srca in nleces ir subjcct lo snow ovalunche,
dctrris Uow, rockfoll, orrd corthquokes. 'l lrc.sc lrotentiul conslrainls and huz.lrds in rlurry
arc&s curl bc mitigatcd by cnginccrcd dcsigts. Our osscssmcnt of tlrc potential geolugic
constrlinls to tlrc proposed thrcc buildings plmned on Lot 19 lbllows.
Snuw Avrhnchc: Lot | 9 was originally locatcd in the moderate hazard rutlout zone l'or
snow.flvtJ[nchcs nlong Patb.6 (Mcars, J 9.79)r,Avalnnchcs in tlrc modcratc haznrrJ zorw
arc dcscrilred [(r huvc rcturn priods in excess ol'25 years ond iutpact pre$surcs ol'lcss lhon
1.000 psf. 'l'wo ovulanchc training bcnns htve lreen constructcd in tlte rurrout mne lbr
Purh 6 which bovc ahcrcd tlrc potentiol irnpocl to Lot I9. Ws have nol cvalutted thc
ctl'cctivettess o[ thc snowavalanclrc nriligation but we expcct it has hud a positive attbcl
on thc potentiul iuprrct on Lot 19. Thc design cnginccr of thc snow'avalunche delbnsc at
Puth 6 slrould be consulted tbr funlrcr infonnntion.
Dcbris flows: Tlrc drainagc thut discharges onto ihc alluvial fan irr the Tinrhcr Falls lrca
has tlrc poterrtiul for producing infreguent debris flows as a rcsult ofunuuuully rapid
snowFlck rnclt or unusually intcnsc tlrurderstonn prccipilation. 'l'he cxisting sntlw-
lvalcnchc bcrrrrs should provide effcctive debris llow mitigation for the three buildirtgs
plonncd on l.ot 19.
Rockfrll: Thc rockfall study donc for lheTown of Vail indicatcs lhut Lot l9 lies nboul
300 feet outsidc thc bouudary of thc rocklbll hazard zonc (Schnrueser ancl Assrxialcs,
1984). Brrscd on this nnd our site observations it appcars unlikcly that the proposed thrcc
buildings will ho implctcd by rockfoll. Thc nrow-uvalartchc mitigation bemrs aud
cxisting un shrp€ buildings funher rcduccs thc rockfull huard nt Lot | 9'
H.P GEOTTCH
Jul OS 98 lO:29a Flmsdcn, Ilsvis & Foulcr RE S?0-4?6-463?p.4
| -,.-!", d.D,Lrr. '-rLUrr.Lrt ,() ,r, _rr{_, i,.{-t4 rurr |.,"o'4J liu , UUL' |.,U4
Pagc 3
Timber Falls Cholct l.l,C
Junc 23, l99ll
I,,IMITATIONS
'l'his review was conducred occording r'gcnerally acccprcd cnginccring georogy
prilrciplcs ottd pruclices in this arca, at this timc. We make no waranty citlrer cxlrresscd
or inplied- Tlre conclusiotr and rccomrnsndotions submittcd in rhis rcptrrt arc bi$cd on u
sitc visit. rcview ol'published geologic reporls, ireriat pholograph inlcrprctalious, nnd our
exPcricncc iu the area. This rcport has bccn prcparcd for the exctusive rrsc by our clicrrr
for prclirninary projcct cvgluutiou$, Tlie existing snow-avalanchc dcfcnses shoul4 bc
furthcr cvoluutcd to dctcmrirc thcir appliclbility to Lot 19. ocotccluricnl engineering
studics should bc petlirrnred at thc building siles to evalurte lite grading and foundation
dcsigu.
lf thcrc are questirrns or if we can bc of further ussi:rtonce, pleasc calt.
Rcspctful ly subnrittcd,
HEPWOKIIi - PAWI.AK GEOTECHNICAL, rrc./ t t nqh,*K -tlttlt .41. .
. I c.v -a-I
Ralph G. Mock
Uugineeriug Getllogist
ll,Glr,[/ru
.Steven L. P
H.F GEorEcH
Date Received
JUL 1g tSS
July 8, 1998
Dominic F. lvlauiello
Scnior Planner
Town of Vail
75 Frontagc Road
Vail, CO. 81657
Re: Lot 19 Timbff Falls
DearMr. IMaruiello:
When we purchased our condominium at 2001 Timb€r Fdls in 1991, we w€r€ informed
of the Lot 19 Dcvelopment Plan. While we stongly object to building on this lot for a
number of reasons, inoluding the lack of suitable access and the de.struction of lhe aepen
grove, we at least w€re aware of the possible dwelopment when wo purchased the unit.
Building l8 owne their parking area and limit its use to their rmit. Building 20 has only six
parting places at the pnesent time which is totally inadequate; the approved plan appears to
eliminate at leas€ two of the six. This is not acccptable.
The propoeed dwelopcnent plan is absolutely inappropriate for Lot 19. It ignores the
impact on the eirtire complex and ravishes the beauty of the site by crowding the lot with
ovcrsize building! and pavemeirt. It has all of thE problemr of the original approved
proposal in terms of par*ing, but the accsss becomes more of a safety concern, especially
in the went of fire. The proposed building would oover utility ssrvice lines to Building 20.
We strongly urge denial of any de'uelopment on Lot 19 beyond trre original p,ropoeal and
rcquest ftat the aprovsA pro'posal be rsvisitod in terms of adequate parking and access,
safety, and site disturbance.
Thank you for yow wort on this situation.
Sinoeretv.
gfrzaz*-.--.- F-A-^A'[ o
Gene & Kaftleen Pertinger
Building 20 ( 2001)
P.170 -4?6 -863?
o
Jun 18 98 I 1: OSa Flmsden, Davis & Foullen RE
A\MS JDevellopment, Jlnc.
June 18, 1998 VIA FAX: 119-2152
Dominic Mauriello
c/o Town of Vail Planning Dept.
75 South Frontage Road
Vail, CO. 81657
Re: Sitc #19, TimberFalls
rl
Dear Dominic- I
II
I am in receipt of your letter dated June 17, 1998, reguding an access issu{with the Timber Falls
development plan. Your comments were forwarded to Sally Brainard of Ricti & Krusin Design, the
project architect. She will address each ofthe access, firc dcpartment and driyeway grade issues in yourletter. I
I
Thc applicant will field veri$ the number of4' caliper or greater trees on thg site and cross reference the
survey performed by Intermounain Engineering to make sure the numbers arp correct. It is the
applicant's intention to dig up and relocate as many of the smaller aspen trer* as posssible. The actual
number of trees being removed sball not be determined until final architectufal plans are submined for
review by the Design Review Board. It is the applicant's understanding that the Design Review Board
administers to both landscaping issues and the survival ofrelocated trees. The applicant shall provide the
numbers requested at that time.
:r
Ifyou have any additional questions or comments, don't hesitate to fax me $ aZO-tOlZ.
I
Sinccrely,
it
M.
Tom Moorhcad
Robert McLaurin
Russell Forest
Ron Riley
President
cc:
97O)/476,8610
97O\A76,8637
Frontage Road Eaet, Ste. ll2
Vail, Colorado 81657
Gate R.eeivod
AMS Developm.em.t, llnc.
June 17, 1998
Dominic Mauriello
c/o Town of Vail Planning Dept.
75 South Frontage Road
Vail. CO. 81657
Re: Site #19, Timber Falls
Amendment to an Existing Development Plan
Dear Dominic:
Thank you for your June 15ft response letter and the opportunity to provide revised submittal plans by
lune 22, 1998. After reviewing the alternatives available to the applicant, it appears that constructing a
replica of Building #18 on Site # 19 is not possible without a PEC review as parking (12 spaces) is
required on site. Site disturbance caused by construction of such an outdoor parking facility would create
a much worse scenario than the amendment plan proposed by the applicant. In addition, the GRFA of
Building #18 (6,541 sq.ft.) renders the project undesirable from an economical stand point.
The applicant requests to be placed on the agenda for the July l3th Planning and Environmental
Commission meeting for review and vote for approvaVdenial of the proposed Amendment to the
Existing Development Plan (2 SFR's, 1 Duplex - 7,325 sq.ft.). An overall site plan showing access to
Site #19 from the public right of way shall be provided to the planning stafffor review. A copy of the
recorded easement granting access to Site #19 was delivered to you prior to the June 8th PECwork
session and should be on fiIe..,if you do not have this document, please fax me a note and I will provide
another copy. All parking will be provided for on site and 8 spaces shall be enclosed. At the July l3t" PEC
meeting, the applicant shall provide the staffand PEC with necessary visual exhibits showing the site
impacts of both the proposed development plan and a duplicate Building #18 on Site #19, elevations of
the proposed development as it relates to the bulk and mass of surrounding structures and a comparison
of site coverage with and without parking on site. Fire Department issues (i.e.: fire engine turnaround)
will be addressed prior to the PEC meeting...the applicant shall consider sprinkling all structures in the
event other alternatives are not available. Final detailed comments on the originally submitted access plan
from the planning and fire department staffwould be greatly appreciated as soon as they are available.
Don't hesitate to fax them to me to expedite the necessary revisions
The applicant requests that the planning staffs review of the proposed development plan focus on the
specific zoning issues at hand. The overall picture (the completion of the final phase of Timber Falls) is an
integral part ofthe review and approval ofthis plan. It is the applicant's intention to construct a quality,
low density product that blends in well with the surrounding property uses and natural topography. The
VIA FAX: 479-2452
(9701,476,86\0
97O\"476'8637
500 South lFrontage lltoad East, Ste. ll2
Vain, Clolorado 8\657
GPJA proposed by the applicant (7,325 sq.ft.) is a reasonable request as it falls between the 6,541 sq.ft.
indicated in Building #18 and the 8,180 sq.ft. available under LDMF zoning for the raw site.
Prior to the July 13th PEC meeting, the applicant will stake out and ribbon the perimeter of each structure
proposed as well as the centerline ofthe access drive into the site. The applicant shall also be available at
the site when the members of the PEC tour the site prior to the meeting to answer any questions.
It is the applicant's understanding that the architectural review ofthe actual project will be addressed by
the Design Review process at a later date and should not be the focal point of the July l3hPEC review
(dthough the renderings and elevations presented at the PEC meeting are fairly acourate as to what the
applicant plans to build). As you are aware, the purpose of the Design Review Board is to administer to
the "architectural compatibility and details" of such proposed projects.
Ifyou have any questions, don't hesitate to fax me at 476-8637. Once agaiq thank you for your
assistance with this application.
Sincerely,
Tom Moorhead
Robert Mclaurin
Russell Forest
Ron Rilev
TOIYN OFVAIL
D e partment of Community Deve lopme nt
75 South Frontage Road
Vail, Colorado 61657
970-479-2138
FAX 970-479-2452
June 17, 1998
Greg Amsden
AMS Development, Inc.
500 S. Frontage Road East, Suite I 12
Vail. CO 81657
RE: Timber Falls - Staffcomments on Access Plan for amended development plan
Dear Greg:
The Community.Development Departrnent has revicwed the access plan to the proposcd site #19
where you are proposing 4 dwelling units. Thc following issues need to be addressed:
I . The driveway to the sitc must be 22' wid,c in order to accommodate thc tuming
radius at the 90 degrce crossovcr. The Fire Access plan dated 6/3/9tt is
inconsistent with the access plan dated May 29,1998, sheet 3. Based on the May
site plan you were only required a 20' wide driveway. It appears that access to the
site needs to be studied more thoroughly. The 6/3/98 configuration has nruncrous
automobile and fire truck access problems (radii) given the extreme curyes
proposed. Also, it appears that there may be implications to the existing parking
spaces in front ofBuilding #20 given the proposed configuration. Please provide a
complete reviscd set of plans which resolve thc access problems and are consistent
from plan to plan with one another.
2. Fire Truck tuming radii are 48' out side radius and 3 I' inside radius. All fire truck
access should meet this requirement.
3. Given the size ofthe proposed building envelopes, locations ofbuildings adjacent
to extreme grades, and distance ofportions ofstructures from the staging arca,
these structures will be required to be sprinkled per Fire Code requirements.
Please make a note on all future plans that sprinkling is required.
Page I of2
{i *'n""to '^'"*
,
c:
4. As indicated in my May 20, 1998 correspondence, you will need to provide spot
elevations where your proposed driveway ties into the existing driveway. Please
provide a suwey showing these spot elevations.
5. Please also indicate driveway grade/slope. The revised driveway may have
steepness implications.
All previous issues in previous correspondence still apply. Additionally, the PEC raised concerns
over the number of trees being removed on-site. A review of your survey reveals that numerous
trees of 4" caliper or greater are missing from the survey. The number and size of trees being
removed need to be indicated, per code.
Russell Forrest, Director of Community Development
Terri Partch, Project Engineer
Chief of Planning
Page2 of 2
o D.l,?,,TRq$lutd
JUN 16 1998,AMS lDevenopm.ent, Inc.
June 15, 1998
Dominic Mauriello
c/o Town of Vail Planning Dept.
75 South Frontage Road
Vail, CO. 81657
Re: Site #19, Timber Falls
Amendment to an Existing Development Plan
Dear Dominic:
VIA FAX: 479-2452
As you are aware, the submittal deadline and date for scheduling another appearance at the July 13ft
Planning and Environmental Commission meeting is Wednesday, June l7th. The applicant requested
answers to several questions regarding a potential DRB submittal and PEC ramifications for the above
referenced parcel in a June I ls letter faxed to you. These answers are crucial to the applicant's decision
on whether to continue to pursue the amendment to an existing development plan process and/or to
pursue completing the original development plan and submitting for DRB review of a 6-unit condo-
minium building.
ln order for the applicant to provide the Planning Department with the necessary submittal requirements,
the applicant needs answers to those questions submitted in the June I lft letter as soon as possible. Please
fax your response to Greg Amsden at 476-8637.
After reviewing your response, the applicant will contact you in writing regarding how it wishes to
proceed. Thank you for your assistance in this matter.
Sincerely,
il.
M. ^A.msden. President
cc: Tom Moorhead
Robert Mclaurin
Russell Forest
Ron Riley
(97O),'476,8610
97O1,'476t8637
500 South F-rontage ftoad East, Ste. ll2
Vail. L--olorado 81657
f[r coP
TOIrN OF VAIL
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
June 15. 1998
Greg Amsden
AMS Development,Inc.
500 S. Frontage Road East, Suitc I l2
Vail, CO 81657
RE: Timber Falls
Dear Greg:
I have received your lefter dated June 11, 1998. The following are responses to your questions:
l. Unless the PEC dirccts staff otherwisc, you have a right to build Building #19 as a replica
of Building #18, which has 6,541 sq. ft' of GRFA'
2. All dwelling units must provide parking in accordance with the ZoningRegulations' If
there is adequate parking .u.ttnily ptouided on-site for all uses, including Building # l9'
and you have the right t6 utilize tlii parking, then you do not need to provide additional
parting. Othenvise] parking for euiiding #19 shall be provided in accordance with the
2oniniRegutations.'If yo,, intend to constnrct Building #19 as a replica of Building #18'
the plan must be reviewed by the DRB. Anything other than that, will require PEC review
and aPProval.
3.ThereisnoprovisionintheZoningRegulationspreventingan-app|icantfrom
simultaneously seeking separate nns or PEc approvals. Each application would be
treated as a separate t,ibnlittut and would need to stand on its own. A DRB approval is
valid for a Period of one Ycar.
4. There may be additional submittal items for the DRB application that are discovered
during the review of the projcct. Providing an overall plan of the Timber Falls
devel'opment that shows access to the pubtic righfof-way, any access easements' available
parking, ano wt icrr st ows the proposed building in context of the sunounding uses rvould
Page I of2
{g *tn"uo "^..uo
r, .,q .'
need to be included with a DRB or PEC application'
I have also received your fax dated June 15, 1998. The submittal date for the July 13, 1998
meeting is in fact, June l5 at 12:00 pm, not Wednesday the l7th. However, you may submit your
revised plans (PEC) on June 22,1998 for the July l3th meeting.
Additionally, the proposed access plan submitted with your PEC application needs to be revised.
Our preliminary reuiiw of the access plan has determined that Fire truck access does not meet the
requirements oith. Fit. Depaftrnent. Also, with the proposed building configuration, all
proposed dwelling units would have to be appropriately sprinkled, per Fire Code requirements. I
wili forward our final detailed comments on the access plan to you on Wcdnesday, June lTth'
silx"h / ,' ntt \{tt il ^t/tL,{_ VJ-a'!_XQ_
Dominic F. Mauriello, AICP
Chief of Planning
c: Russell Fonest, Director of Community Development
Tom Moorhead, Town AttorneY
Terri Partch, Project Engineer
Page 2 of 2
AMS lDevelopment, Inc.
June ll, 1998
Dominic Mauriello
c/o Town of Vail Planning Dept.
75 South Frontage Road
Vail, CO. 81657
Re: Site #19, Timber Falls
Dear Dominic:
Date Reeeived
JUN i 2 1gg8
I am in receipt of your fax transmission dated June 10, 1998, regarding an amendment to the Timber Falls
development plan and your request for all future communications regarding this zoning matter to be in
writing.
It is the applicant's understanding that the Town of Vail Planning Department has adopted a policy to
take the most conservative interpretation when addressing any zontngmatters that have an unclear history
or basis. This policy places an applicant with such circumstances in a sometimes difficult path. The parcel
ofland the applicant is addressing in its application isjust such a beast. The applicant has proposed one
development plan (2 SFR, I Duplex) which recently met strong opposition at the PEC level with regards
to site coverage. Although the applicant is not abandoning this plan, it is considering the option of
building the original 6-unit condominium building .hopefully a less stressful process.
The applicant wants to start off on a fresh note. The applicant shall put the entire process in writing,
provide the necessary submittal requirements and adhere to those submittal dates specified to the Town of
Vail. The applicant will need answers to specific questions prior to proceeding with this process. If the
Town of Vail is unable provide the applicant with clear direction, or the answers provided diminish the
feasibility of the project, the applicant will back away from this development...leaving this parcel, and the
Timber Falls project, to some other individual and the Town of Vail to deal with in the future.
In providing answers to the questions below, please keep in mind that the applicant wishes to process
the proposed application(s) in the most time ellicient manner as possible. The applicant's questions are
as follows:
l. The PEC indicated that the applicant has the vested right to build a 6-unit building on Site #19 in
the exact location, form, size, etc. as Building #18. This reference to Building #18, as
interpreted by Tom Moorhead in the June 8* PEC worksession, was an arbitrary assignment of a
building number. Tom's response was based on a statement made in an earlier PEC meeting by Ron
Riley regarding the size similarity amongst the buildings constructed at Timber Falls. The staffs
interpretation is Building #18's GRFA of approx. 6,500 sq.ft. The applicant's interpretation is
VIA FAX: 479-2452
lFrontage Jltoad lEast, Ste. ll2
Vail, Colorado 81657
970\,476,8610
970\"476,8637
Building 20's GRFA of 7,275 sq.ft. and the stand alone site can handle 8,180 sq.ft. What square
footage should be used in our DRB submittal for Building #19, Timber Falls?
The original site plan did not show any parking located on Site # 1 9. If the same building is
constructed, is the previously approved parking plan for the Timber Falls acceptable? The
applicant would consider locating the parking required under current zorl.ng on Site #19, but
then the original building would have to be relocated on the site and additional site disturbance
would occur due to the new parking area. Is this a PEC or DRB issue and where in the
process should it be addressed?
Is it possible to have a Pf,C agenda item (amendment to development plan - I duplex, 2
SFR's) and simultaneously process a DRB agenda item for the original Building #19
(6 condominiums)? Remember, we are trying to break ground as soon as possible.
4. With regards to a DRB application for Building #19, Timber Falls, are there any other submittal
requirements in addition to those stated in the "New Construction Design Review" forms
that applicant obtained this week from the Town of Vail Community Development
Department?
Please provide your answers in writing as soon as possible (preferably by Monday, June 15, 1998), and
fax them to Greg Amsden at 476-8637 and Rick Rosen at (303)-863-9393.
After reviewing your response, the applicant will contact you in writing regarding how it wishes to
proceed. Thank you for your cooperation and hopefully we can reach an mutually acceptable solution for
this parcel.
il.--/
Richard P. Rosen
Tom Moorhead
Robert Mclaurin
Russell Forest
Ron Riley
2.
J.
383-8
HU LAw Of f ICES Or
63-9393t
RICHARD P. ROSEN, P. C.
RICHARD P ROSEN PAGE 02PC
o Dft{vEl v^ll
llola
To*-^.
L:sS
FL'."<,4.Iune I0, 1998
Via Fecsinilc n0.479 -2452
Mr. Dominic F. Mauriello
Town of Vail
75 South Fronrage Road
Vail, Colorado 81657
Thomas R Moorhead, Esq.
Town of Vail
75 South Fronta8e Road
Vail, Colorado E1657
Re: Timber Falls
Dear Dominic and Tom:
Pursuant to the communication juSt rcctived in lhrS Offce, I ofrer my Sinccrest apology. My
tslrphooc message left On Dominic's lslephone r*as unprofeSsional and out of line. I will uot
make exores,
Notwithrunding please understand, the plaruring process for this projcct has become very
rrifficult and it appcars that each <lay something rlsw pops up. My frustration lerrel has grown
daily with the ongoing planning process and unfortunately I let loose yest€rday-
I would tike an opportunity to moet $'ith the trvo of you someti'me next wcc& witlout Ct€g I
guess, other tban wlnting to ofier my apolory in persorq I would lite to hear first hand whar thc
onping problcms and conc€ms are with the various applications wi& the Tiurber Falls projecl. I
typically don't lind out until th€ Sectings or from art angry telephone couversarion with Orrg.
I tnrst onc cpisode, uncharacteri*ic of my many ycars of working wrth thc tow[, will not
jcopardize our wor{ting rclationship. I look fortard to hearing from either of you, bur bctbr yet,
-both
of you. Please pic* up the tclcphone and l€ts talk. I would rather avoid a letcf wfirilg
campaign. Thanks.
Yorrs very truly,
RIC}IARD P. ROSEN, P,C.
Ytctt--_-
SHEtttrtlAN FLA;IA
SU'TE J 9O
t868 SHE|M fv Sr fST
DE+.tvE . CoLoRAOO
8O203
tOJ . l6t ' tttt
f^x JOJ - A5t . 9J93 Richad P. Rosen
rrfioPY
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
June 10, 1998
Mr. Richard P. Rosen, P.C.
Sherman Plaza - Suite 390
1888 Sherman Street
Denver, CO 80203
and
Mr. Greg Amsden
AMS Development, Inc.
500 S. Frontage Road East, Suite I l2
Vail, CO 81657
RE: Timber Falls and Communication
Dear Mr. Amsden and Mr. Rosen:
This letter is intended to clarify some issues with respect to your application to amend the
development plan for Timber ialls and about how communication will occur in the fufure with the
Community Development Department'
On May 20,lgg8,I sent a letter to Greg Amsden, with issues and revisions that needed to be
addressed prior to a final review of your proposal. In order to appear on the June 8' 1998 PEC
agcnda, this information was to be provided to me by May 29, 1998. Greg was unable to meet
th-is deadline and on June 4, 1998, iequested that the item be allowed to proceed on the agenda as
a workscssion, where no final action would be taken. I agreed and placed the item on the agenda
as a worksession.
The June 8, 1998 meeting was advertised and notices were sent to adjacent propefty ownet's'
Since this item was not'tabled" to another meeting, a new notice is required to appear in the
newspaper and notices sent to adjacent property owners l5 days prior to the PEC hearing, in
Page I of2
{g *"n"uor^r",
accordance with the ZoningRegulations. This item was not noticcd for the June 22, 1998PEC
meeting due to lateness ofconverting the June 8, 1998 hearing from a final hearing to a
workseision. Thercfore, the next possible PEC hearing this item can appear at, is the July 13,
1998 PEC meeting, provided all necessary submittal items have been provided in a timely manner.
I will placc this item on that agenda when you indicate to me in writing how you wish to proceed.
Mr. Amsden has also indicated that you may wish to proceed with a DRB application in order to
constructBuilding#lgasareplicaofBuilding#l8.perthePECaction. Pleasebeawarethatthis
application will nied to meet the requirements of the ZoningRegulations and Building Code.
Spccifically, parking for such a building will be required in accordance with the Zoning
Regulations.'Manylf ttre same issues that apply to your PEC application. would also apply to the
DRB application.
Additionally, due to apparent misunderstandings regarding conversations that have occurred with
staffand due to the tone, unprofessional nature, and threatening character oftelephone
conversations and voice rrtuil ..ttug.s that have come from you both over the past few weeks,
the Community Development Depaimcnt finds it neccssaly to require any further contact on this
item or any future issue to o..u. in writing. Pleasc do not attempt to contact any mcmber of staff
in person or ovcr the telePhone.
Sinct{ly,
[ ){Vc-
Chief of Planning
Robert Mcl-aurin, Town Manager
Russell Fonest, Director of Community Development
Tom Moorhead, Town AttorneY
Page2 of2
TOWN OFVAIL
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
April 29, 1998
Greg Amsden
AMS Development, Inc.
500 S. Frontage Road East, Suite I l2
Vail, CO 81657
RE: Timber Falls - GRFA check for Building #18
Dear Greg:
The Planning and Environmental Commission @EC), at its April 13, 1998 meeting, approved a
replica of Building #18 for Building #19 in the Timber Falls Development Plan. You have
provided to staff a GRf A check for Building #20, as you must have assumed Building #l 8 and
Building #20 were identical. However, they are slightly different.
Staff has performed a GRFA check for Building #18, based on thc approved building pcrmit set of
plans for this building. The resulting GRFA is 6,541 sq. ft. This is the number you should use in
your planning efforts for this parcel.
Ifyou have any questions, please call me at479-2148.
Sincerelq ,
tNX\\o'-{Qe
Dbminltvf . Mauri el lo. AICP
Senior Planner
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Updated 4/27 4pm
12:00 pm
PLANNING AND ENVIRONMENTAL COMMISSION
Monday, April 27, 1998
FINAL AGENDA
Project Orientation /LUNGH - Community Development Department
MEMBERS PRESENT
Greg Moffet
John Schofield
Galen Aasland
Diane Golden
Ann Bishop
Tom Weber
Brian Doyon
Site Visits :
MEMBERS ABSENT
1!A-,.E,:: :.^
ttTrf!ffi{sar
NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m.
Public Hearing - Town Council Chambers
12:45 pm
1. Lionshead Parking Structure - 395 E. Lionshead Circle
2. Slifer- 193 Gore Creek Drive
3. Altair Vail - 4192 Spruce Way
Driver:George
2:00 p.m.
1. A request for a conditional use permit, to allow for a recreational facility (skate park) on
the top level of the Lionshead Parking Structure, located at 395 E. Lionshead Circle/Vail
Lionshead First Filing.
Applicant: Town of Vail
Planner: Mike Mollica
MOTION: John Schofield SECOND:Diane Golden VOTE:7-0
APPROVED WITH 4 GONDITIONS:
1. That the skate park be adequately secured and closed after dark to prevent use of
the park at night.
2. That this approval is valid only during lhe months of May through October' This
approval does not need to be reviewed by the PEC on an annual basis, however,
should the Town receive complaints or objections about the skate park, the
Planning & Environmental Commission may call this item up for review at any
time.
fu
Ilpdated 4/27 4pm
3. That the applicant consider having the Town of Vail Building Department conduct
a courtesy review of their plans for the skate park. Although a Building Permit is
not required, the Town is willing to provide the review at no cost.
4. That the Town of Vail reserves the right to rescind approval of the skate park at
any time in the future, should the Town decide to pursue plans to modify the
parking structure.
2. A request for a setback variance, to allow for parking in the required 20' front setback,
located at 4192 Spruce Way/Lot 5, Block 7, Bighorn 3rd Addition.
Applicant: Altair Vail Inn, represented by Kenneth HolsmanPlanner: Dominic Mauriello
MOTION: John Schofield SECOND: Brian Doyon VOTE: 7-0
APPROVED WITH 3 CONDITIONS:
1. That the applicant provide at least 6 new deciduous trees (i.e., Aspens with minimum
caliper of 2.5") and 4 new evergreens (minimum 6' in height) along the frontage of the
proposed and existing parking areas in order to provide screening from the roadway
and adjacent properties.
2. That prior to the construction, the applicant obtain a revokable righfof-way permit for
all improvements in the public right-of-way, including landscaping and the existing
dumpster enclosure.
3. That the large existing pine trees, located west of the existing parking lot, be protected
during construction.
3. A request for a density variance, a building height variance, a site coverage variance and a
minor exterior alteration, to allow for a bay addition, located at 193 Gore Creek Drive, Lot A,
Block 58, Vail Village First.
Applicant: Rodney and Beth Slifer, represented by Jim BucknerPlanner: George Ruther
MOTION: Ann Bishop SECOND: Galen Aasland VOTE: 2-5 (Ann Bishop and
Galen Aasland in favor)
FAILED - MOTION TO TABLE UNTIL MAY 11, 1998
MOTION: Tom Weber SECOND: Brian Doyon VOTE: 6-1 (Ann Bishop opposed)
DENIED
4. A request for an amendment to a previously approved plan for the Timber Falls Development,
located at 4469 Timber Falls CourVunplatted.
Applicant: RAD Five L.L.C., represented by Ams Development, lnc.
Planner: Dominic Mauriello
DISCUSSION - NO VOTE
,7 1
Updated 4/27 4pm
5. A request for a worksession lo discuss a major amendment to SDD #4, to allow for a
fractional fee club and a change to the approved Development Plan, located at 1325
Westhaven Dr., Westhaven Condominiums/ Cascade Village Area A.
Applicant: Gerald L. Wurhmann, represented by Robby Robinson
Planner; George Ruther
WORKSESSION - NO VOTE
6. A request for a minor subdivision of Lot G-1 to create a new lot, located at 1410 Buffehr
Creek Road, Lot G-1, Lion's Ridge Subdivision Filing 2.
Applicant: Leroy Schmidt, represented by Eric Johnson
Planner: Dominic Mauriello
TABLED UNTIL MAY 11, 1998
7. Public Meeting Procedures & Discussion;
. Time allocation for public input.. Closing public comment period.. Debriefing of meeting.. Effective date of any changes.
DISCUSSION. NO VOTE
8. lnformation Update
9. Approval of April 13, 1998 minutes.
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the
Hearing lmpaired, for information.
Community Development Department
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{ -.Co***ty Development rtan nouLg Form
Routed To:,.jj Larry Pardee, Public Works
Cmgffir*8rrbilie Works
Mike McGee. Fire
Return To:Dominic Mauriel lo. Community Development
Date Routed:5/t2t98
Return By:5t20t98
Project Name:Timber Falls - Amendment to building plan for Building 19.
Project Address:Timberfalls - no address to parcel
Project Legal:Timber falls
Project Description:The applicant is asking for an amendment to the development plan for building
19. This is a PEC review and will require further DRB review and detail after
PEC revicw.
Approved Denied (cite detailed reasons) Approved with conditions
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fcaco rrrr,E TNSURANCE "or|v
ALTA COMM
SCHEDULE
++ v250826-2
For Information Only
TIMBER FALLS, SITE 19
- Charges -
Alt.a Owner Polic
Tax Report,
Endorsement 100.31
Endorsement 103.1
*** THIS IS NOT AN INVOICE, BUT AN ESTIMATE OF FEES. WHEN REFERRING
TO THIS ORDER, PLEASE REFERENCE OUR ORDER NO. V260825-2
MAKE CHECKS PAYABLE TO LAND TITLE GUARANTEE COMPA}iY ***
ITMEN
Our Order
1
2
Effective Date: February 12,
Policy Eo be issued, and proposed
"ALTArr Owner's Policy t0-l-7 -92
5:00 P.M.
TIMBER FALLS.
DESCRIPTION WILL CHANGE UPON COMPLIANCE WI].'H
SE].' I'ORTH IN SCHEDULE B - SECTION 1 iiIiREIN.
1998 aL
Insured:
Proposed Insured:
AIUS DEVELOPMENT, INC., A COLORADO CORPORATION
The est.ate or i-nterest in the land described or referred t.o i-n
this Commitment and covered herein is:
A Fee Simple
TiEle E,o the estate or interest covered herein is ac the
effective daLe hereof vested in:
TIMBER FALLS ASSOCIATES, A COLORADO GENERAL PARTNERSHIP
to in this CommiLment. is described as5. The land referred
follows :
BUII,DING SITE 19,
NOTE: SAID LEGAL
THE REQUIREMENTS
PAGE
J"r"o"o rrrl' TNSURAN.E .Q*"
ALTA COMMITMENT
SCHEDULE B-SECTION].
(Requirements) Our Order # V26Og26-2
The following are E.he requirements to be complied with:
Item (a) Payment to or for the accounE of the grantors ormortgagors of the fulL consideration for the esLaLe or interest
t,o be insured.
ttem (b) Proper instrument(s) creaEing the estaE.e or interest.
t.o be insured must be executed and duly filed for record, to-wit:
ILem (c) Payment of all E.axes, charges or assessments levied
and assessed against Lhe subject premises which are due and
payable.
Item (d) Additi.onal requirements, if any disclosed below:
1. ACCUR.ATE LEGAL DESCRIPTION TO BE SUPPLIED TO LAND TITLE GUARANTEE COMPANY.
2. EVIDENCE SATISFACTORY TO LAND TITLE GUARANTEE COMPANY OF LEGAL ACCESS TO
AND FROM SUBJECT PROPERTY.
3. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX }IAVE BEEN SATISFIED.
4. WARRANTY DEED FROM TIMBER FALIJS ASSOCIATES, A COLORADO GENERAL PARTNERSHIP
TO AMS DEVELOPMENT, TNC., A COLORADO CORPORATION CONVEYING SUBJECT
PROPERTY.
NOTE: TRADE NAlvlE AFFIDAVIT RECORDED August 04, 1992 IN BOOK 586 AT PAGE
146 DISCLOSES RAD FIVE LIMITED LIABILITY COMPANY AND GEORGB HALI.JBNBECK TO
BE THE GENERAI, PARTNERS OF TIMBER FALLS ASSOCIATES, A GENERAL
PARTNERSHIP. ONE OR MORB OF SAID PARTNERS MUST EXECUTE APPROPRIATE
DOCIJMENTS.
NOTE: ARTICLES OF ORGANIZATION FILED JuIy 24, ]-992 WITH THE SECRETARY OF
STATE OF WYOMING, DISCLOSE RONALD H. RILEY, ANN B. RILEY, AND MIC}IAEL
D. STAUGIITON TO BE THE MANAGBR(S) OF RAD FIVE LIMITED LIABILITY COMPANY. A
LIMITED LIABILITY COMPANY.
NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF@
UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN
erFrpev-rr, rrer"r r.ro'q qE I}IE qENEsA! EXC-EPrioNS wrr,r-,-E_E 4vENDEq ns-mlldws:
ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURB
LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF TIMBER
FATLS ASSOCIATES, A COLORADO GENERAL PARTNERSHIP.
PAGE 2
]nrcaco rrrr-,8 rNsuRANcE clw
ALTA COMMITMENT
SCHEDULE B-SECTIONl-
(Requirements )
TITLE INSURANCE COMPANY SHALL }IAVE
FROM WORK OR MATERIAL FURNISHED AT
coLo-RADO COn pOnar r Oll .
5 OF TIIE GENERAL EXCEPTIONS WILL
RECORDS THE DOCUMENTS REQUIRED I,JNDER SCHEDULE B-t-.
UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 5 WILL BE
AND ASSESSMEI'TTS FOR THE YEAR 1998 AND SUBSEQUENT YEARS.
ITEM 7
CHICAGO
ARISING
INC., A
Our Order # V26OB25-2
NO LIABILITY FOR ANY LIENS
THE REQUEST OF AMS DEVELOPMENT
NOTE:ITEM BE DELETED rF LAND TITLE
AMENDED TONOTE:
TAXES
READ:
DELETED UPON PROOF THAT THE WATER AND
SEWER CHARGES ARE I'AID UP
NOTE: EFFECTIVE SEPTEMBER 1, L99'7 | CRS 30-10-405 REQUIRES
THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FIIJING TN THE
CLERK AND RECORDER'S OFFICE S}IALL CONTAIN A TOP MARGTN OF AT
LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT
LEAST ONE-HALF OF AN INCH. THE CLERK AND RECORDER MAY
REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM,
EXCEPT T}IAT, THE REQUIREMENT FOR THE TOP MARGIN SHALL NOT
APPLY TO DOCT]MENTS USING FORMS ON WHICH SPACE IS PROVIDED
FOR RECORDING OR FILING INFORMATION AT THE TOP MARGIN OF THE
DOCTJMENT.
NOTE: EFFECTIVE JANU.ARY 1, l-993, CORPORATIONS THAT DO NOT
MAINTAIN A PERMANENT PLACE OF BUSINESS IN COLORADO, AND
NONRESIDENT INDIVTDUAI,S, ESTATES AND TRUSTS WIL,L BE SUBJECT
TO A COLORADO WITHHOLDING TAX FROM THE SALES OF COLORADO
REAL ESTATE IN EXCESS OF $1OO,OOO.OO. THE WITHHOLDING TAX
WILL BE THE SMALLER OF TWO PERCENT OF THE SALES PRICE OR THE
NET PROCEEDS FROM THE SALES OF THE REAL ESTATE.
THE TAx WILL BE WITHHELD BY THE TITLE INSURANCE COMPANY OR
ITS AGENT AND SUBMITTED TO THE DEPARTMENT OF REVENUE, WHERE
IT WILL BE CREDITED TO THE SELLER'S INCOME TAX ACCOUNT AS AN
ESTIMATED TAX PAYMENT. THE SELLER CAN CLAIM CREDIT FOR THE
ESTIMATED PAYMENT AGAINST THE INCOME TAX LIABTLITY WHEN HE
OR SHE FII.,,ES A COI,ORADO RETURN FOR THE YEAR OF THE SALE.
UNDER SCHEDULE WILL BE
TO DATE.
B-2
PAGE
}rrcaeo rrrlE rNsuRANcE c{*"
ALTA COMMlTMENT
SCHEDULE B-SECTION2
(Exceptions) Our Order # V26OB26-T
PAGE 4
|rrcaco rrrlE rNsuRANcE colv
ALTA COMMITM
SCHBDULE B - SECTION
(Exceptions )
The policy or poricies to be issued wiLr cont.ain except,ions to thefollowing mat.t.ers unless the same are disposed of to Lhesat.isfaction of t.he Company:
1. Rj-ghts or claims of parties in possession noL shown by thepublic records.
2. Easement,s, or claims of easemenE.s,
records.
noE shown by the public
3. Discrepancies, confl-ict.s in boundary 1ines, shortage in area,
encroachmenEs, and any facts which a correct survey inspectionof t.he premises would disclose and which are not shown by thepublic records.
4. Any 1ien, or right. to a 1ien, for services, fabor or mat.erialheretofore or hereafter furnished, imposed by law and not shownby the public records.
5. Def ect.s, Iiens, encumbrances, adverse claims or other matters,if any, creafed, first appearing in the pubtic records oratt.aching subsequent to Lhe effective dat.e hereof but prior tothe dat,e the proposed insured acquires of record for value theestaEe or interest or mortgage thereon covered by this
Commit.ment.
5. Taxes or special assessments which are not shown as exisLinqliens by the public records.
7. Liens for unpaid water and sewer charges, if any.
B. In addit.ion, Lhe owner's policy will be subject to themortgage, if any, noted under it.em one of Sect.ion 1 of ScheduleB hereof.
RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED November 17, 7902, IN BOOK 48AT PAGE 492.
THE EXISTENCE OF THE M]NERAL EXCEPTION AND/OR RESERVATION SHOWN AS ITEM 9,
SCHEDULE B-2, WTLIJ NOT AFFECT OUR ABILITY TO ATTACH COLORADO ENDORSEMENT
NO. ]-00.31. TO OUR OWNERS POLICY OWNERS POLICY WHEN ISSUED.
ENT
z
Our Order # V26OB26-2
PAGE
|rrceco rrrln TNSURANcE colv
ALTA COMMITMENT
SCHEDULE B-SECTION2
(Except.ions) Our Order # VZSOB2G-2
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED November 12,
1_902, IN BOOK 48 AT PAGE 492.
THE EXISTENCE OF THE EASEMENT SHOWN AS ITEM NO. 10, SCHEDULE B-2, WTLL NOTarrncT-bun ne.lt-,r'rv to arrecu cotonepo SNDoRsEMENT No. 103.1to oun owr.rnns
POLrcY WTTSN ISSUED
].1. EASEMENTS AS GRANTED TO UPPER EAGLE VALLEY SANITATION DISTRICT IN
INSTRTJMENIS RECORDED JI]NE 13, 1973 IN BOOK 229 AT PAGES 550 AND 55I.
12. RIGHT OF WAY EASEMENI' AS GRANTED TO HOLY CROSS ELECTR]C ASSOCIATION,INC, IN INSTRUMENT RECORDED OCTOBER 24, 7.9'73, IN BOOK 23]. AT PAGE 653 ANDIN INSTRUMENT RECORDED .]ANUARY 28 , L974 ]N BOOK 233 AT PAGE 130.
].3. EASEMENT AND RIGHT OF WAY FOR GORE CREEK AS IT AFFECTS SUBJECT PROPERTY.
14. PEDESTRIAN AND EQUESTRIAN EASEMENT 15 FEET IN WIDTH ALONG THE SOUTHEAST
BANK OF GORE CREEK AS RESERVED IN DEED RECORDED APRIL 3, 1968 TN BOOK 212AT PAGE 63?.
15. EASEMENT AND RIGHT OF WAY 20 FEET IN WIDTH ALONG THE NORTHERLY SIDE OF
SUBJECT PROPERTY AS ITESERVED IN DEED RECORDED FEBRUARY 25, 1955 IN BOOK 188AT PAGE 113 FOR USE OF PEDESTRIANS AND EQUESTRIANS AND PERSONS USING MAIN
GORE CREEK FOR FISHIi'IG PURPOSES.
15. RESERVATION OF A TEN PERCENT NON-PARTICIPATING ROYALTY AS RESERVED IN DEED
RECORDED NOVEMBER 2, 1952 IN BOOK 165 AT PAGE 407.
PAGE 6
tAND !rr,e cuARANrrO coMpAN:.'
DISCTOSURE STATEMENT
Required by Senate BiII 91-14
A) The subject. real properEy may be 1ocat.ed in a special E,axing
disE.ricE,.
B) A Cert,ificat.e of Taxes Due listing each Eaxing jurisdicCion
may be obEained from t,he Count,y Treasurer or E.he CountyTreasurer's auEhorized agenE.
C) The information regarding special districE.s and E,he boundariesof such districts may be obtained from the Board of CounE.yCorrnissioners, t.he Count.y Clerk and Recorder, or t,he Count.y
Assessor.
Required by Senate BiIl 92-143
A) A Certificate of Taxes Due listing each Laxing jurisdict.ionshall be obE,ained from t,he CounElr Treasurer or the Count.yTreasurer's authorized agenE.
Roger Palmas
885, Lomas Azcarrag
Mexico D.F.
Mexico 11000
Joseph J. Cleary
Box 680
Wazata, MN 55391
Pestinger
632 E. Third
Beloit, KS 67420
Ronald H. Riley
22E Bridge St.
Vail, CO E1657
John C. Schierholz
c/o Elastizell
4703 Dotphin Cay Ln 5
St. Petersburg, FL 33711
l7E5 Coyote Point Dr.
Colorado Springs, CO 80904
Frederick D. Cohn
3154 Marhray Rd.
Cricket West
Toledo OII43606
5818 S. Fulton Way
Englewood, CO 80111
Robert W. Ruder
4496E,. Meadow Drive
Vail, CO 81657
Antonio Holbein
217-104 Simon
Mexico, l8 D.F.
Mexico
Englewood, CO 8011f
Robert J. Duch
221 Quail Ridge Circle
Highlands Ranch, CO 80126
1367 E. Mule Train Drive
Tucson, AZE5731
Rita G. Ryan
7 Huntwick Lane
Englewood, CO 80110
Sperry Investments I, Corp
3550 S. George Mason Drive
Alexandria, V422302
John C. & Dorothy L. Walter
JT Monahan, John P. & Janet
lc"rortn Brown On"oj"-in S. & Alice W. Chao
c/o Stringfellow, Carolyn 6353 S. Hanover Ct.
Stuart S. Ginsberg Mark L. Griflin Arthur G. & Rebecca H. Hailand
43 Lawrence Farms Crossway llarrison, Janis L. 22 Gouvnor Lane
Chappagua, NY f 0514 4479 Timber Falls Ct #2006 St. Louis, MO 63124
Vail, CO 81657
Martin D.&Catherine B., Richard Harold C. Dennis M. Terra Heller
C. & Darlene H. Hanneman 6n476 Glendale Road 4990 S. Lafayette
23980 Shooting Star Drive Medinah, IL 60157 f,nglewood, CO 80110
Golden, CO t0401
Marilyn T. Hetler Olaf & Jennie Holobaugh Lisa J. & Kevin W. Kirk
4530 S. Verbena St 324 5400 Mohawk Road 12251 Black llawk Trail
Denver, CO 80237 Littleton, CO E0123 Conifer, CO 80433
Barbara Lashley F. Patrick & Barbara Maloney Marca Associates' LTD.
Box 451 16 Buttedield Lane 3280 Wade Ct
Walters, OK73572 Little Rock, AR722l2 Colorado Springs' CO 80917
Marion G & M Kathleen Margaret L. & Andrew V. Peters Richard Perry Humes Trust
Andrea D. & Jeffery R Tarr Sally L Veitch
1056 S. York St.
Denver. CO E0209
3280 Wade Ct
Colorado Springs, CO 80917 1635 Foothills Dr S
Golden, CO 80401
. -^.
Bctty t lVillemrn - Mrrjoric E- Holyokc Ot.o", Fettr Condo Agoc
145t Grccn Hill Crt John B. Wilro ,t{69 TimbcrX,rltr Court
Vtil, CO E1657 Bor 12fi Veit, CO t1657
Scottrblufi, NE 6936&121H
Date:02|/16/1998
Page: I
Owner Name and Mailing Address Legal Description/Sales Information
1502 Timberfalls
% Jean Ball
6035 S. Monaco Way
Englewood, cO 8011 I
TIMBER FALLS COND.
uNtT 1502
PHASE VI
4470 Timber Falls Ct
Sale Price: g0
Sal€ Date:
Deed:
Floor Area: 1,250 Per Foot
Robert C. Albrocht
Brett, Barbara
960 S Jackson
Denver, CO 80209
TIMBER FALLS COND.
uNtT 1604
PHASE VII
11460 Timber Falls Ct
Sal€ Price: $195,000
Sal€ Date: 11/1195
Deed: WD
Floor Area: 1,292 $i51 Per Foot
Steph€n F. ' Andorson-Davls
1777 Larimer St 2208
Denver, CO 80202
TIMBER FALLS COND.
UNIT 903
PHASE III
4524 MEADOW DR
Sale Price: $158,000
Sale Date: 11/18V94
Deed: WD
FloorArea:918 g172 per Foot
Leopoldo G. Asunsolo
4861 S. Xonla St.
Donver, CO 80231
TIMBER FALLS COND.
UNIT 804
PHASE II
4576 MEADOW DR
Sale Price: 994,000
Sal6 Date: 1z2tl89
Deed: WD
Floor Area: 872 $1Og Per Foot
Roger Palmas 885, Lomas Azcafiag
Mexlco D.F.
Mexlco 11000,
COND.Sale Price: g0
Sale Date:
Deed:
Floor Nea:2,240
301
BLDG. 3
45OO MEADOW DR Per Foot
Rogerio lacarraga
Colonia Polcano, Mexico D.F.,
11510 Mexlco,
TIMBER FALLS COND.
UNIT 603
PHASE II
4503 MEADOW DR
Sale Price: $114,000
Sale Date: 0217191
Deed: WD
Floor Area: 987 9116 per Foor
Bruce R Robert, & Shirley L. Barton
1502 Grandin Woods Crt
Louisvllle, KY 40299
TIMBER FALLS COND.
uNlT 1601
PHASE VII
4460 Timber Falls Ct
Sale Price: $133,000
Sale Date: 09/16/92
D6ed: WD
FloorArea:1,107 g.l20 per Foot
John D. & Kit H, Bazley
1061 S Twin Oaks Lane
Castle Rock, CO 80104-9540
TIMBER FALLS COND.
uNlT 1605
PHASE VII
4460 nmber Falls Ct
Sale Pric€: $180,000
Sale Date: 08/26/93
Deed: WD
Floor Area: 1,202 S139per Foor
Ronald H. Berllnd
1744 N Hermitage Ave
Ghicago, lL 60622
TIMBER FALLS CONO.
uNtT 1002
PHASE IV
4575 MEAOOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,036 Per Foot
Steve & Marle Booron
5330 S Fulton Ct
Englewood, CO 801 11.3666
TIMBER FALLS COND.
uNlT 1407
4470 Timber Falls Ct
Sale Price: $209.900
Sale Date: 05/14/93
Deed: WD
FloorArea:1,638 5128 Per Foot
-
-
Erran.r. & Farncra E. Braorey O'Bradley, Thomas P. & Tommie A.
610 Garrison Street, Unit A
Lakewood, CO 80215
IMBERFALLSCOND. o
uNtT 1606
PHASE VII
4460 Timber Falls Ct
Sale Price: $0
Sale Date:
Deed:
FloorArea:1,107 Per Foot
Carolyn Brown
% Stringfellow, Carolyn
1785 Coyote Point Dr.
Colorado Springs, CO 80904
TIMBER FALLS COND.
UNIT 4(X
BLDG. 4
45OO MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 924 Per Foot
Monika R. Brown
4512 Timberfalls Ct 1105
Vail, CO 8'1657
TIMBER FALLS COND.
uNtT 1105
PHASE IV
4574 MEADOW DR
Sale Price: $118,000
Sale Date: 05/31/91
Deed: WD
Floor Area: 1,024 $115Per Foot
Razvan V. & Liana Gaciula
15 Overhill Way
Berkeley H€ights, NJ 07922
TIMBER FALLS COND.
uNtT 1102
PHASE IV
4574 MEADOW DR
Sale Price: $152,000
Sale Date: 1217193
Deed: WD
Floor Area: 1,024 9148Per Foot
Gentric Elevator Corporation
1221 Auraria Parkway
Denver, CO 80204
TIMBER FALLS COND.
uNtT 1103
PHASE IV
4496 MEADOW DR
Sale Price: $0
Sale Date: 04/19/93
Deed: QCO
Floor Area: 1,024 Per Foot
Benjamin S. & Alice W. Chao
6353 S Hanover Ct
Englewood, CO 8011 I
TIMBER FALLS COND.
uNtT 1804
PHASE IX
4564 Timber Falls Ct
Sale Price: $157,000
Sale Date: 01/12194
Deed: WD
Floor Area: |,040 $151 Per Foot
Joseph J. Cleary
Box 680
Wazata, MN 5539'l
TIMBER FALLS COND.
uNtT 1806
PHASE IX
4564 Timber Falls Ct
Sale Price: S165,000
Sale Date: 11/25191
Deed: WD
Floor Area: 1,360 9121 Per Foot
Frederick D.3154 Markway Rd Cohn TTMBER FALLS SOND.Sale Price: g0
Sale Date:
Deed:
Floor Area:924 Per Foot
Cricket West
Toledo, OH 43606
UNIT 201
BLDG. 2
45OO MEADOW DR
Thomae E. & Barbara A. Corson
Woods, Gary A. & Sandra K.
24040 W Shooting Star Dr
Golden, CO 80401
TIMBER FALLS COND.
uNlT 1706
PHASE VIII
4560 Timber Falls Ct
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,374 Per Foot
Petor A. Gulshaw
Michael R. Barber
8350 E. Crescent Pkwy #100
Greenwood Village, GO 80111
TIMBER FALLS COND.
uNtT 1207
PHASE V
4572 Meadow Dr
Sale Price: $314,000
Sale Da|€: 12l24lgT
Deed: WD
Floor Area: 1,646 $191 Per Foot
August F. & Garolyn C. Deluca
5038 Parliament Pl.
Rockford, lL 61107
TIMBER FALLS COND.
UNIT 703
PHASE II
/T511 MEAOOW DR
Sale Price: $330,000
Sale Date: 03/04/97
Deed: WD
Floor Area: 1,683 g196Per Foot
Dennis G. & Peggy N. price TestJ IMBER FALLS coND.
Normille, K. E A. M. & D. K.- Perc - UN1T 1406
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,124 Per Foot
8035 S Krameria Way
Englewood, GO 801 l2 4470 Timber Falls Ct
Robert J. Duch
221 Quail Rldge Glr
Highlands Ranch, GO 80126
TIMBER FALLS COND.
uNtT 2005
PHASE XI
4504 TIMBER FALLS CT
Sale Pric€: $153,500
Sale Date: 09/ 12189
Deed: WO
Floor Area: 1,370 $'112 Per Foot
Charles Federlck
Prothe, Lilalea - Jamison, N.A.
2106 28th Ave Gt
Greeley, CO 80631
TIMBER FALLS COND.
uNlT 1504
4470 Timber Falls Ct
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,250 Per Foot
Jerome F. & Gilda S. Rubio Festa
67 Tunstall Rd
Scarsdale, NY 10583
TIMBER FALLS COND.
uNrT 1507
PHASE IV
4470 Timber Falls Ct
Sale Price: $0
Sale Dale:
Deed:
Floor Area: 1,289 Per Foot
Charlos Flowers
6170 Mountaln Brook Way
Atlanta, GA 30328
TIMBER FALLS COND.
uNtT 1204
PHASE V
4572 Meadow Dr
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,250 Per Foot
Christopher Fowler TTMBER FALLS COND. Sate price: $O
Fowler, David - Heckleman, Charles UN1T 1106 Sate Date:
314 E 84th St Apt 15 pHAsE tV Deed:
New York, NY 10028 4514 MEADOW DR Ftoor Area:1,024 per Foot
Kathryn A. Gendel
36 South Ash Street
Denver, CO 80222
TIMBER FALLS COND.
uNtT 1402
4470 Timber Falls Ct
Sale Price: $0
Sale Date: 02/14191
Deed: QCD
Floor Area: 1,038 Per Foot
Stuart S. Ginsberg
43 Lawrence Farms Crossway
Ghappagua, NY 10514
TIMBER FALLS COND.
UNIT 405
BLDG 4
45OO MEADOW DR
Sale Price: $229,000
Sale Date: 09/0293
Deed: WD
Floor Area: 1,624 $141 Per Foot
Barry S. & Karen E. Flomen Goldber TTMBER FALL5 coND.Sale Price: $146,000
Sale Date: 11/07/89
Deed: WD
Floor Area: '1,532 $95 Per Foot
24 Shamrock Dr.
Brookfield, CT 06804
UNIT 906
PHASE III
4524 MEADOW DR
George T. & Roxanne M. Griffin
5932 Leeland St
St. Petersburg, FL 337{ 5
TIMBER FALLS COND.
uNtT 1603
PHASE VII
4460 Timber Falls Ct
Sale Price: $202,000
Sale Date: 11/25196
Deed: WD
FloorArea:1,107 9182 Per Foot
Mark L. Grlffln
Harrison, Janls L.
4479 Timber Falls Ct #2006
Vail, CO 81657
TIMBER FALLS COND.
uNtT 2006
PHASE XI
4504 TIMBER FALLS CT
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,620 Per Foot
eo
22194 Forest Hills Dr
Golden, CO 80401
'MBERFALLScoND. O
UNIT 805
PHASE II
4576 MEADOW DR
Sale Price: $150,000
Sale Date: 01/30/96
Deed: WO
Floor Area: 882 $170 Per Foot
Donald Hagans
Box 4504
Vall, CO 8'1658
TIMBER FALLS COND.
uNtT 1202
PHASE V
4572 Meadow Dr
Sale Price: $0
Sale Date:
Oeed:
FloorArea:1,038 Per Foot
Arthur G. & Rebecca H. Hailand
22 Gouvenor Ln
St Louis, MO 63124
TIMBER FALLS COND.
UNIT 103
BLDG. 1
4574 MEADOW DR
Sale Price: $283,600
Sale Date: 11/03/95
Deed: WD
Floor Area: '1,624 $175Per Foot
Martin D. & Catherino B. Hanneman TTMBER FALLS COND. Sate price: $o
Hannemann, Richard C. & Darlene H Urutt ZOo+ Sate Date:
23980 Shooting Star Dr. pHASE Xt oeed:
Golden, CO 80401 4s04 TTMBER FALLS CT Ftoor Area: .1.286 per Foot
Harold C. Dennis
6n476 Glendale Rd
Medinah, lL 60157
TIMBER FALLS COND.
uNtT 1803
PHASE IX
4564 Timber Falls Ct
Sale Price: $0
Sale Date:
Oeed:
Floor Area: 1,040 Per Foot
M. Terry Heller
4990 S Lafayefte
Englewood, CO 80110
TIMBER FALLS COND.
UNIT 102
BLDG 1
4508 Meadow Dr
Sale Price: $136,000
Sale Date: 09/10/93
Deed: WD
Floor Area:924 9147 Per Foot
Marilyn T. Heller
4530 S Verbena St 324
Denver, CO 80237
TIMBER FALLS COND.
uNtT 1802
PHASE IX
4664 Timber Falls Ct
Sale Price: $205,000
Sale Date: 1'l103/97
Deed: WD
Floor Area: 1 ,040 $'t 97 Per Foot
Valerie A & Gary W Hollenbeck
Mccann, Michael J & Janene B
4065 N. Sinton Rd #100
Colorado Springs, CO 80907
TIMBER FALLS COND.
uNtT 1003
PHASE IV
4514 MEADOW DR
Sale Price: $182,500
Sale Date: 10/09/96
Deed: WD
Floor Area: 1,036 g176Per Foot
James C. & Mary Holmes
Elizabeth
140 Gilpin St
Denver, CO 80218
TIMBER FALLS COND.
uNtT 1607
PHASE VII
4460 Timber Falls Ct
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,292 Per Foor
Olaf & Jennle Holobaugh
5400 Mohawk Rd
Liftleton. GO 80'l23
TIMBER FALLS CONO,
UNIT 401
BLDG. 4
45OO MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1 ,0'19 Per Foot
Hull Mountain Condo, Llc, The
% Hull, J.K., Jr.
14334 W Klowa Tr
Surprise, AZ 85374
TIMBER FALLS COND.
UNIT 602
PHASE II
4503 MEADOW OR
Sale Price: $129,800
Sale Date: 1223192
Deed: WD
Floor Area: 987 S l32 Per Foot
Ao,a*. ".
a m"rg"r"t tn'"nhofer I
8841 St Andrews Ave
Westmlnster, CA 92683
TIMBER FALLS COND.
uNtT 1505
4470 Timb€r Falls Ct
Sale Price: $0
Sale Dat€:
Deed:
Floor Area: 1 .038 Per Foot
Jamm, Ltd.
100 E Meadow Dr
Vail, GO 81657
TIMBER FALLS COND.
UNIT OO5
PHASE II
4503 MEADOW DR
Sale Price: $235,000
Sale Date: 09/2295
Deed: WD
Floor Ar6a: 1,719 $137Per Foot
l.R. Janleks
Larkey, R.D. & C.L. - Gurash, J.N. &
2453 Sllverstrand
Hermosa Beach, GA 90254
TIMBER FALLS COND.
uNtT 1005
PHASE IV
4575 MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,150 Per Foot
Burton F. & Dorothy Kaatz
3470 S Columbine Cir
Englewood, CO 80110
TIMBER FALLS COND.
UNIT 503
BLDG. 5
34596 MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,624 Per Foot
Fa Kao
Ten - Kao, Betty Chia-Mai
305 Levdon Street
Denver, CO 80220
TIMBER FALLS COND.
uNtT 1101
PHASE IV
4574 MEADOW OR
Sale Price: $105,000
Sale Date: 10/05/90
Deed: WD
Floor Area: 1 ,024 9103 Per Foot
Thomas Kaufman
7474E Arkanaas Ave 1202
Denver, CO 80231
TIMBER FALLS COND.
UNIT 806
PHASE II
4576 MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 897 Per Foot
Donald S. & Harriet R. Kaufmann
4010 S Holly
Englewood, CO 80111
TIMBER FALLS COND.
uNtT 1702
PHASE VIII PK. GARAGE UNI
4560 Timber Falls Ct
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,038 Per Foot
Kurt A. Kaufmann
6556 So.Cook Court
Liftloton, CO 80121
TIMBER FALLS COND.
uNtT t703
PHASE VIII
4560 Timber Falls Ct
Sale Price: $0
Sale Date: 09/11/91
Deed: QCD
Floor Area: 1,038 Per Foor
Lisa J. & Kevln W. Kirk
12251 Black Hawk Trail
Conlfer, CO 80433
TIMBER FALLS COND.
UNIT 302
BLDG 3
45OO MEADOW DR
Sale Price: $0
Sal6 Date: 08/19/93
Deed: QCD
FloorArea:924 Per Foot
Mark C. & Susan C. Koza
10338 Creston€ Mountain
Littleton, CO 80127
TIMBER FALLS COND.
UNIT 601
PHASE II
4503 MEADOW DR
Sale Price: $128,000
Sale Date: 01/26/94
Oeed: WD
FloorArea:875 $146 Per Foot
John R. & Carol L. Kuchar
108 Barley
Naperville, lL 60563
TIMBER FALLS COND.
uNtT 1401
4470 Timber Falls Ct
Sale Price: $170,000
Sale Date: 1 1/06/96
Deed: WD
Floor Area: 1 ,038 9164 Per Foot
' hichard E. & Christelle r-anoer I
Box 8761
Denver, CO 80201{761
TIMBER FALLS COND.
UNIT 901
PHASE III
4524 MEADOW DR
Sale Price: $117,000
Sale Date: 09/29/92
Oeed: WD
FloorArea:918 $127 Per Foot
Barbara Lashley
Box 451
Walters, OK 73572
TIMBER FALLS COND.
UNIT 203
BLDG 2
45OO MEADOW DR
Sale Price: $0
Sale DatB:
Deed:
FloorArea:1,624 Per Foor
Edward O. & Anne E. Laumann
6754 S Euclid Ave
Chicago, lL 60649
TIMBER FALLS COND.
UNIT 606
PHASE II
4503 MEADOW DR
Sale Price: S310,000
Sale Dat€: 10/17195
Deed: WD
Floor Area: 1,719 g180Psr Foot
Charles R. & Jane M. Leader
4553 West 214th St.
Gleveland, OH 44126-2109
TIMBER FALLS COND.
uNtT 1704
PHASE VIII
4560 Timber Falls Ct
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,038 Per Foot
Stephan F. & Karen P. Llvlngston
11000 Mexico, D.F.
TIMBER FALLS COND.
UNIT 810
PHASE II
4576 MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,310 Per Foot
F. Patrick & Barbara Maloney
16 Bufterfield Ln
Liftfe Rock, A'R72212
TIMBER FALLS COND.
UNIT 202
BLDG. 2
45OO MEADOW DR
Sale Price: $195,000
Sale Date: 09/09/96
Deed: WD
Floor Area: 924 $21 1 Per Foot
Marca Associates, Ltd.
3280 Wade Ct
Colorado Sprlngs, CO 80917
TIMBER FALLS COND.
UNIT 701
PHASE II
4511 MEADOW DR
Sale Price: $93,000
Sale Date: 07/10/90
Deed: WD
Floor Area: 973 $96 Per Foot
Marca Assoclates, Ltd.
3280 Wade Gt
Colorado Sprlngs, CO 80917
TIMBER FALLS COND.
UNIT 304
BLDG 3
4630 MEADOW DR
Sale Price: $167,000
Sale Date: 06/07/90
Deed: WD
Floor Area: 1,624 g103Per Foot
Robert E. & Audrey J. Mcknight
Box'|747
Elllcottvllle, NY l.l73l
TIMBER FALLS COND.
UNIT 501
BLDG. 5
4507 MEADOW DR
Sale Price: $88,000
Sale Date: 06/13/89
Deed: WD
Floor fuea:924 995 Per Foot
Stephen W. Mlller
6509 Barsbury Crt
Dallas, TX 75248
TIMBER FALLS COND,
UNIT 907
PHASE III
4524 MEADOW DR
Sale Price: $165,000
Sale Date: 0€V16/96
Deed: WD
FloorArea:904 9183 Per Foot
Nancy M. Moor
2160 Stony Hill Rd
Boulder, CO 80303
TIMEER FALLS COND.
uNtT 1208
PHASE V
4572 Meadow Dr
Sale Price: $0
Sale Dat€:
Deed:
FloorArea:1,188 Per Foot
iiane Morris
3090 S. Jamalca Ct #305
Aurora, CO 80014
TIMBER FALLS COND,
uNlT 1206
PHASE V
4572 Meadow Dr
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1 ,250 Per Foot
Moser
Saracino - Talgen - Saracino - Parke
5280 S Joliet Way
Englewood, GO 8011'l
TIMBER FALLS COND.
uNtT 1602
GARAGE UNIT 3
4460 TIMBER FALLS CT
Sale Price: $0
Sale Date: 09/24193
Deed: QCD
Floor Area: 1,292 Per Foot
Lien H.T. Nguyen
23'12 Canyon Creek Driv€
Stockton, CA 95207
TIMBER FALLS COND.
UNIT 808
PHASE II
4576 MEADOW DR
Sale Price: $120,000
Sale Date: 04/23/90
Deed: WD
Floot Atea:1,262 995 Per Foot
Steven G. Nordb€rg
Porter, E. Clarke
8315 Kinslee Rd
Bloomington, MN 55438
TIMBER FALLS COND.
UNIT 905
PHASE III
4524 MEADOW DR
Sale Price: $0
Sale Date: 0€V3l /93
Deed: QCD
Floor Area: 1,580 Per Foot
Lucy & John O'laughlin
67 S Beach Rd
Hobe Sound, FL 33455
TIMBER FALLS COND.
UNIT 704
PHASE II
4511 MEADOW DR
Sale Price: $0
Sale Date: 04/09/94
Deed: D
Floor Area: 1,683 Per Foot
Thomas J. & Barbara R. Painter
3508 Summit Ridge Dr
Rochester Hills, Ml 48306
TIMBER FALLS COND.
uNlT 1503
4470 Timber Falls Ct
Sale Pric€: $172,000
Sale Date: 08/26/96
Deed: WD
FloorArea:1,038 $166 Per Foot
Sylvla Parker
5343 Encino Ave
Encino, CA 91316
TIMEER FALLS COND.
UNIT 702
PHASE II
4511 MEADOW DR
Sale Pric€: $120,000
Sale Date: 06/29/93
Deed: WD
FloorArea:973 9123 Per Foot
Barbara E. Perry
650 Glencoe St
Denver, CO 80220
TIMBER FALLS COND.
uNlT 1104
PHASE IV
4574 MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,024 Per Foot
Marion G & M Kathleen Pestlngor
632 E Third
Beloit, KS 67420
TIMBER FALLS COND.
uNlT 2001
PHASE XI
45AI TIMBER FALLS CT
Sale Price: S129,000
Sale Date: 09/30/91
Deed: PRD
Floor Area: 1,072 9120Per Foot
Margaret L. & Andrew V. P€te6
5818 S Fulton Way
Englewood, GO 80111
TIMBER FALLS COND.
UNIT 303
BLDG. 3
45OO MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 924 Per Foot
Randolph W. Pock
300 Leyden St
Denver, CO 80200
TIMBER FALLS COND.
uNtT 1001
PHASE IV
45OO MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1 ,036 Per Foot
,___-Miriam R. & Keith M. Pockross ! TTMBER FALLS coND.
317 Jackson St.
Denver, CO 802064538
UNIT 909
PHASE III
4524 MEADOW DR
Sale Price: $277,400
Sale Date: 06/10/96
Deed: wD
Floor Area: 1,580 5176Per Foot
Douglas K. & Sally A. Porter
2720 3rd St
Boulder, CO 80304
TIMBER FALLS COND.
UNIT 604
PHASE II
4503 MEADOW DR
Sale Price: $195,000
Sale Date: 08/01/96
Deed: WD
FloorArea:987 $198 Per Foot
Powers Limited Partnership, The
7647 S Datura Cir
Littleton, GO 80120
TIMBER FALLS COND.
uNtT 1006
PHASE IV
4574 MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Flcn,r A{ea:1,322 Per Foot
Quetsch Land Trust
4320 Cottago Grove Pkwy Se
Gedar Rapids, lA 52403
TIMBER FALLS COND.
UNIT 807
PHASE II
4576 MEADOW DR
Sale Price: $167,300
Sale Date: 03/05/93
Deed: WD
Floor Area: 1,310 g128Per Foot
Re/Max Of Lincoln Timber Falls 13 TTMBER FALLS COND. Sate p6ce: $0
Timber Falls Condo. Attn: Rutan, L. UN;T 1201 Sate Date:
4646 Rockwood Ct. pHASE V Deed:
Lincoln, NE685l6 4s72 Meadow Dr FtoorArea:1,25g per Foor
Robert R. Reilly
% Timber Falls Management
t1496 E Meadow Dr
Vail, CO 81657
TIMBER FALLS COND.
uNlT 1610
PHASE VII
29109 Timber Falls Ct
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,657 Per Foor
Margaret A. & Marjorle H. Remblesk TTMBER FALLS COND.
1433 Smooch€rs Clrcle
Colorado Springs, CO 80904
uNrT 1404
4470 Timber Falls Ct
Sale Price: $90,000
Sale Date: 04/10/90
Deed: WD
Floor Area: 1,038 $87Per Foot
Richard Perry Humes Trust
1367 E Mule Traln Dr
Tucson, P;Z 85737
TIMBER FALLS COND.
UNIT 204
BLDG. 2
45OO MEADOW DR
Sale Price: $0
Sale Date: 01/04/90
Deed: QCD
Floor Area: 'l ,624 Per Foot
Phyllis Riley
Horner, Wesley W.
2100 E Floyd Ave
Englewood, CO 80110
TIMBER FALLS COND.
UNIT 803
PHASE II
4676 MEADOW DR
Sale Price: $0
Sale Date:
Deed:
FloorArea:897 Per Foot
Ronald H. Riley
228 Brldge St
Vall, CO 81657
TIMBER FALLS COND.
UNIT 1&2
4460 TIMBER FALTS CT
Sale Price: $0
Sale Date:
Deed:
Floor Area:Per Foot
Donald V. & Gharleen D. Roberts
9469 E Lake Gir
Englewood, CO 8011 I
TIMBER FALLS COND.
UNIT 502
BLDG. 5
24594 MEADOW OR
Sale Price: $130,500
Sale Date: 04/07/92
Deed: WD
FloorArea:924 $141 Per Foot
Rbbyn D. & Bartleye. noeeensf IMBERFALLScoND.
5443 E. Nicholas Pl.
Littleton, CO 80122
uNtT 1004
PHASE IV
4572 MEADOW DR
Sale Price: $191,000
Sale Date: 09/10/97
Deed: WD
Floor Area: 1,036 5184Per Foot
Robert W. Ruder
4496 E Meadow Dr
Vall, CO 81657
TIMBER FALLS COND.
UNIT 402
BLDG. 4
4500 Meadow Dr
Sale Price: g0
Sale Date:
Deed:
FloorArea:902 Per Foot
Robert E. Rutledge
Zimmerman, Jill S.
915 Monroe
Evanston, lL 60202
TIMBER FALLS COND.
UNIT 902
PHASE III
4524 MEADOW OR
Sale Price: $111,900
Sale Date: 06i30/92
Deed: WD
FloorArea:892 9125 Per Foot
Rita G. Ryan
7 Huntwick Ln
Englewood, CO 80110
TIMBER FALLS COND.
uNtT 2002
PHASE XI
4505 TIMBER FALLS CT
Sale Price: S0
Sale Date: 10/ l5196
Deed: WD
FloorArea:1,286 Per Foor
John C. Schierholz
% Elastizell
4703 Dolphin Cay Ln 5
St. Petersburg, FL 337 1 I
TIMBER FALLS COND.
uNtT 1805
PHASE IX
4564 Timber Falls Ct
Sale Price: $165,000
Sale Date: 08/17189
Oeed: WD
FloorArea:1,360 9121 Per Foot
George F. & Simone K. Schutz
Dolan, Robert P. & Amy J.
2691 54th Ave
Greeley, CO 80631
TIMBER FALLS COND.
uNtT 1405
4470 Timber Falls Ct
Sale Price: $226,500
Sale Date: 03/08/96
Oeed: WD
Floor Area: 1,250 $181 Per Foor
Michael J. & Howard Schwab
5411 S Gon€va St
Englewood, CO 80l l 1
TIMBER FALLS COND.
uNrT 1203
PHASE V
4572 Meadow Dr
Sale Price: $123,800
Sale Date: 07/17l9't
Deed: WD
Floor Area: 1,250 $99Per Foot
Antonio Holbein 217-104 Simon
Mexico, l8 D.F.
Mexico,
TIMBER FALLS COND.
UNIT 406
BLDG. 4
45OO MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,624 Per Foot
Sandye M. Sirota
214 Windover Road
Baltimore, MD 21218
TIMBER FALLS COND.
uNtT 1608
PHASE VII
4460 Timber Falls Ct
Sale Price: $157,000
Sale Date: 01/31/89
Deed: WD
Floor Area: 1,657 $9OPer Foot
Sloan
Leslie - Gelpl - Ver Ploeg Lynn
100 Chopln Plaza Ste 1500
Miami, FL 33131
TIMBER FALLS COND.
uNtT 1609
PHASE VII
4460 Timber Falls Ct
Sale Price: $0
Sale Date:
Deed:
FloorArea:1,388 Per Foor
Ann Sperllng
Archibald, Cralg E.
544 Circle Dr
Denver, CO 80206
TIMBER FALLS COND.
uNtT 1705
PHASE VIII
4560 Timber Falls Ct
Sale Price: $251,000
sale Date: 05/30/97
Deed: WD
Floor Area: 1,374 9183 Per Foot
S'perry tnvestments l, Corp.
3550 S Gcogre Mason Dr
Afexandria, VA 22302
O TMBERFALLScoND.
UNIT 305
BLDG. 3
45OO MEADOW DR
Sale Price: $195,000
Sale Date: | 1/13/91
Deed: WD
FloorArea:1,624 $120 Per Foot
Andrea D. & Jeffery R. Tarr
1056 S York St
Denver, CO 80209
TIMBER FALLS COND.
uNtT 1801
PHASE IX
4504 Timber Falls Ct
Sale Price: $193,800
Sale Date 04124197
Deed: WD
Floor Area: 1,040 g186Per Foot
Lina Tcheng
Box2226
Basaft, CO 81621-2226
TIMBER FALLS COND.
uNtT 1205
PHASE V
4572 Meadow Dr
Sale Price: $128,000
Sale Oate: 06/09/92
Deed: WD
Floor Area: 1,038 gt23Per Foot
Timber Falls Associates
228 Bridge St
Vall, CO 81657
TIMBER FALLS COND.
UNIT 5
&6
4460 TIMBER FALLS CT
Sale Price: S0
Sale Date:
Deed:
Floor Area:Per Foot
Willlam H. Todd
1715 Davon Ln
Nassau Bay, TX 77058
TIMBER FALLS COND.
uNtT 1403
4470 Timber Falls Ct
Sale Price: $150,000
Sale Date: 1'll21l91
Deed: WD
FloorArea:1,250 S120 Per Foot
Vall Timbers % Jack Grynberg &
5000 South Quebec Street 500
Denver, CO 80237
TIMBER FALLS COND.
UNIT 504
BLDG. 5
44570 MEADOW DR
Sale Price: $0
Sale Date:
Deed:
Floor Area: 1,624 Per Foot
Dlanne J. Vandevelde
3511 Wards Pt
Orchard Lake. Ml 48324
TIMBER FALLS COND.
UNIT 801
PHASE II
4576 MEADOW DR
Sale Price: $0
Sale Oate:
D€ed:
Floor Area:882 Per Foot
Sally L. Veitch
3280 Wade Gt
Golorado Springs, CO 80917
TIMBER FALLS COND.
UNIT 403
BLDG. 4
45OO MEADOW DR
Sale Price: $0
Sale Date:
Deed:
FloorArea:g24 Per Foot
Connie G. Vossler
17 Blossom Rd
Rumaon, NJ 07760-'l848
TIMBER FALLS COND.
uNtT 1209
PHASE V
4572 Meadow Dr
Sale Price: $0
Sale Date: 05/28193
Deed: QCD
Floor Area: 1,646 Per Foot
Richard J. & Magda O. Vossler
4524 E Meadow Dr 910
Vail, CO 81657
TIMBER FALLS COND,
uNtT 910
PHASE III
4524 MEADOW DR
Sale Price: S0
Sale Date:
Deed:
FloorArea:1,544 Per Foor
Rudolph C. Vulpe
3498 Erle Dr
Orchard Lake, Ml 48324
TIMBER FALLS COND.
uNtT 1501
4470 Timber Falls Ct
Sale Price: $0
Sale Date: 08/01/90
Deed: QCD
Floor Area: 1,038 Per Foot
Samuel Waoonfeld r
Wylie, Susan - Rice, Penny & Hufll-
140 Dahlia St
Denvar, CO 80220
TIMBER FALLS COND.
uNlT 1701
PHASE VIII
4560 Timber Falls Ct
Sale Price: g0
Sale Oate: 01/08/92
Deed: QCD
FloorArea:1,682 Per Foot
John G. & Dorothy L. Walter
-Jt Monahan, John P. & Janet
1635 Foothills Dr S
Golden, CO 80401
TIMBER FALLS COND.
uNtT 2003
PHASE XI
4504 TIMBER FALLS CT
Sale Price: $190,000
Sale Date: 10/18/96
Deed: WD
Floor Area: 1,072 g177Per Foot
Goldie & Konneth Wotcher
14303 Harv$t Glon Gt
Houston, TX 77062
TIMBER FALLS COND.
uNtT 1506
4470 Thber Falls Ct
Sale Price: $307,000
Sale Date: 'l1106/97
Deed: WD
FloorArea:1,638 $187 Per Foot
Nancy J. Wilholms
Box 38
Vail, CO 81658
TIMBER FALLS COND.
UNIT 908
PHASE III
4524 MEADOW DR
Sale Price: $142,500
Sale Date: 04/04/94
Deed: WD
Floor Area: 918 g155Per Foot
Betty l. Willaman
1458 Green Hill Crt
Vail, CO 81657
TIMBER FALLS COND.
UNIT 101
BLDG 1
45OO MEADOW DR
Sale Prico: $112,500
Sale Date: 09/06/95
Deed: WD
FloorArea:924 $122 Per Foot
Marjorie H.- Holyoke, John B. Wilso
Box 1204
Scottsbluff, NE 69363-1204
TIMBER FALLS COND.
UNIT 104
BLDG. 1
4574 MEADOW DR
Sale Pric€: $0
Sale Date:
Deed:
Floor Area: 'l ,624 Per Foot
Thoodore E. & Geraldine J. Wolk
P.O. Box 3
Franktown, CO 80116
TIMBER FALLS COND.
UNIT 904
PHASE III
4524 MEADOW OR
Sale Price: $0
Sale Date:
Deed:
Floor Area; 892 Per Foot
Henry & Emma Woo
Jt
223-E Gore Crk Dr
Vail, CO 81657
TIMBER FALLS COND.
UNIT 809
PHASE II
4576 MEADOW DR
Sale Price: $215,000
Sale Date: 11/19/96
Deed: WD
Flc6,r Area: I ,272 9169 Per Foot
Danlel A. & Sheena M.L. Woods
28833 Western Dr
Evergreen, CO 80439
TIMBER FALLS COND.
UNIT 802
PHASE II
4576 MEADOW DR
Sale Price: S103,500
sale Date: 1 |/19/91
Deed: WD
Floor Area: 897 $1 15 Per Foot
{ ol.-t-c-" T- a-8!-. A(=r,.
At^,
?u ,r.u MAY AFFEcr ror, ,rort"
PUBLIC NONCE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section '12-3-6 of the Municipal Code of the
Town of Vail on April 13, 1998, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
4 r.eq.ugqt for a minor subdivision, located at 14'l 0 Buffehr Creek Road, Lor G-'l , Lion's Ridge
SuMivision Filing 2.
Applicant: Eric Johnson, representing Leroy SchmidtPlanner: Dominic Mauriello
A request for a side yard setback variance and a conditional use permit, to allow for the addition
of a car wash, located a|2154 South Frontage Road/unplatted.
Applicant: Sonny Caster, GTS, Inc., d.b.a. VailConoco ServicePlanner: George Ruther
A request lor a building height variance, to allow for an increase of one{oot in building height,
located at 1799 Sierra Trail/Lot 17, Vail Village West First Filing.
Applicant:
Planner:
Julia Watkins
George Ruther
A request for a site coverage variance, to allow for a residential addition, located at Unit #602,
Yail21 Condominiums, 511 East Lionshead Circle/Part of Lot 3, Block 1, Vail Lionshead First
Filing.
Applicant: BillwalkerPlanner: Dominic Mauriello
A request for a site coverage variance and additional GRFA utilizing the 250 ordinance, to allow
for a residential addition, located at 1230 Westhaven Circle/Lot 32, Glen Lyon.
Applicant: Marilyn Quayle, represented by Eric HillPlanner: George Ruther
. A request for an amendment to a previously approved plan for the Timber Falls Development,
\/l located at 4469 Timber Falls CourVunplatted.
fopp,,""n,' RAD Five L.L.c.Planner: Dominc Mauriello
A request for a conditional use permit, to allow for a temporary garden center, located at2107
North Frontage Road/unplatted, Vail das Schone.
Applicant: City Market, Inc.Planner: Christie Barton
The applications and information about the proposals are available lor public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification.
479-2114 voice or 479-2356 TDD tor information.
Community Development Department
Pubf ished March 27,1998 in the Vail Trail.
Please call 4it:
o
THIS
o
ERTYITEM MAY AFFECT YOUR PROP
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 oI the Municipal Code of the
Town of Vail on June 8, 1998, at 2:00 P.M. in the Town of Vail Municipal Building. ln
consideration of:
A request for a worksession to discuss a major amendment to Special Development District
#6, Vail Village Inn, to allow for a hotel redevelopment, located at 100 East Meadow Drive, Lots
M and O, Block 5D, Vail Village 1st.
Applicant: Daymer Corporation, represented by Jay Peterson
Planner:George Ruther
A request for a conditional use permit, to allow for a Bed and Breakfast operation, located at
1779 Sierra Trail/Lot 18, Vail Village West Filing #1.
Applicant: Malin Johnsdotter/ Robert Zeltman
Planner:Christie Barton
A request for a major amendment to Special Development District #22, Grand Traverse, and a
request for a major subdivision for Lots 5, 6, 7, 8, 9 and 10, Dauphinais-Moseley Subdivision
Filing #1.
Applicant: Patrick Dauphinais
Planner:George Ruther
A request for a side setback variance, to allow for the construction of a garage, located at 813
Potato Patch Drive/Lot 1. Block 1, Vail Potato Patch.
Applicant: Liz & Luc Meyer, represented by William Pierce
Planner:Dominic Mauriello
- . A request for an amendment to a previously approved plan for the Timber Falls Development,
!f located at 4469 Timber Falls CourUunplatted.,-
Y Applicant: RAD Five L.L.C., represented by Greg Amsden
Planner:Dominc Mauriello
A request for an extension of a conditional use permit for the Lionshead Children's Tent, located
next to the Lionshead Childrens ski school/Tract D, Vail Lionshead 1st.
Applicant: Vail Associates, represented by David Thorpe
Planner:Christie Barton
A request for a minor subdivision to amend a building envelope, to allow for the installation of a
gazebo, located at 1315 Spraddle Creek Road/Lot 12, Spraddle Creek Estates.
Applicant: Dayco Holding Corporation, represented by David Argo of No Name Architects
Planner:
A request
residential
Applicant:
Plannei:
Dominic Mauriello
for additional GRFA, utilizing the 250 ordinance, to allow for the construction of a
addition, located at 1998 Sunburst Drive/Lot 19, Vail Valley 3rd.
Nate Accardo, represented by Fritzlen, Pierce, Briner
George Ruther ,r)4*',",9
f
A request for additional GRFA, utilizing the 250 ordinance, to allow for lhe conversion of a
garage to GRFA, and for the expansion of the mechanical room, located at 345 Mill Creek
Circle/Lot 14, Block 1, Vail Village 1st.
Applicant: Lee M. Bass, represented by Snowden and HopkinsPlanner: George Ruther
' A request for additional GRFA, utilizing the 250 ordinance, to allow for the expansion of the
entry, located at 2005 West Gore Creek Drive/Unplatted.
Applicant: Tom Thomson, represented by John Perkins
Planner: Christie Barton
A request for a final review of a major amendment to SDD #4, to allow for a fractional fee club
and a change to the approved Development Plan, located at 1325 Westhaven Dr., Westhaven
Condominiums/ Cascade Village Area A.
Applicant: Gerald L. Wurhmann, represented by Robby RobinsonPlanner: George Ruther
The applications and information about the proposals are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign language interpretation available upon requesl with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published May 22, 1998 in the Vail Trail.
o
THIS
o
PROPERTYITEM MAY AFFECT YOUR
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of lhe Municipal Code of the
Town of Vail on July 13, 1998, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for an amendment to a previously approved plan for the Timber Falls Development,
located at 4469 Timber Falls Court/unplatted.
Applicant: RAD Five L.L.C., represented by Greg Amsden
Planner:Dominic Mauriello
A request for a work session / conceptual review for a major exterior alteration and an SDD for
the Antlers at Vail, located at 680 W. Lionshead Pl./ Lot 3, Block 1, Lionshead 4th.
Applicant: Antlers Condo Association, represented by Robert LeVinePlanner: Dominic Mauriello
A request for a major exterior alteration in CCI and a conditional use permit, located at the
Village Center Building, 122 East Meadow Drive/ Block 5E, Vail Village 1st.
Applicant: Owner, represented by Snowdon & Hopkins Architects
Planner:George Ruther
A request for a variance to allow for GRFA in the front setback located at 2935 Basingdale
Blvd./ Lot 19, Block 6, Intermountain.
Applicant: Jay & Sheryl Scolnik, represented by Railton-McEvoy Architects
Planner: Christie Barton
A request for a conditional use permit to install a telecommunication facility at the Vail Mountain
School, located at 3160 Katsos Ranch Road/ Lol 12, Block 2, Vail Village 12th.
Applicant: Liberty WirestarPlanner: Christie Barton
A request for a front setback variance to allow for the construction of an inclined elevator,
located at2701 Davos Trail/Lot 15, Block B, Vail Ridge Subdivision.
Applicant: Craythorne
Planner:Christie Barton
A request for a conditional use permit to allow for an additional antenna on the Mountain Bell
tower, located at 160 Mountain Bell Road/ Unplatted
Applicant: Town of Vail
Pla n ner:George Ruther
A request for a rezoning from previously unzoned property ownedty the Unite States Forest
Service and transferred to the Town of Vail pursuant to the Land Ownership Adjustment
Agreement io National Area Preservation District and Primary / Secondary Residential District
for property located at Rockledge Road/portions of United States Forest Service Lot 3, totaling
1,7b airesbased upon the proposed Final Plat (not yet recorded) of Rockledge Forest
Subdivision prepared by Dennis Shelhorn as Job No. 0332-002 dated February 25, 1998.
Applicant: Town of Vail
Planner: Dominic Mauriello
o
THIS
o
ROPERTYITEM MAY AFFECT YOUR P
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on August 24, 1998, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A final review of a conditional use permit for a proposed addition to the Vail Interfaith Chapel,
located at 19 Vail Road/ Tract J, Block 7, Vail Village 1st.
Applicant: Vail lnterfaith Chapel, represented by Gwathmey/Pratt ArchitectsPlanner: Dominic Mauriello
A request for an amendment to a previously approved plan for the Timber Falls Development,
Jocated at 4469 Timber Falls CourVunplatted.LA,IFFlicant: RAD Five L.L.C., represented by Greg Amsden
-Ylanner Dominic Mauriello
A request for a major amendment to SDD #4, to allow for a fraclional fee club and a change to
the approved Development Plan, located at'1325 Westhaven Dr., Westhaven Condominiums/
Cascade Village Area A.
Applicant: Gerald L. Wurhmann, represented by Robby RobinsonPlanner: George Ruther
The applications and information about the proposals are available for public inspection during
regular office hours in the project planne/s office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published August 7, 1998 in the Vail Trail.
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Updated 4/24 9am
PLANNING AND ENVIRONMENTAL COMMISSION
Monday, April 27, 1998
AGENDA
Project Orientation /LUNCH - Community Develooment Department 12:00 pm
MEMBERS PRESENT MEMBERS ABSENT
Site Visits :12:45 pm
1. Lionshead Parking Slructure - 395 E. Lionshead Circle
2. Slifer - 193 Gore Creek Drive3. Altair Vail - 4192 Spruce Way
George
NOTE: lf the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m.
Public Hearing - Town Council Chambers 2:00 p.m.
1. A request for a conditional use permit, to allow for a recreational facility (skate park) on
the top level of the Lionshead Parking Structure, located at 395 E. Lionshead Circle/Vail
Lionshead First Filing.
Applicant: Town of Vail
Planner: Mike Mollica
2. A request for a setback variance, to allow for parking in the required 20' front selback,
located al 4192 Spruce Way/Lot 5, Block 7, Bighorn 3rd Addition.
Applicant: Altair Vail Inn, represented by Kenneth Holsman
Planner:Dominic Mauriello
A request for a density variance, a building height variance, a site coverage variance and a
minor exterior alteration, to allow for a bay addition, localed at 193 Gore Creek Drive, Lot A,
Block 58, VailVillage First.
Applicant: Rodney and Beth Slifer, represented by Jim Buckner
3.
Planner:George Ruther
Updated 4/24 9am
4. A request for an amendment to a previously approved plan for the Timber Falls Development,
located at 4469 Timber Falls CourVunplatted.
Applicant: RAD Five L.L.C., represented by Ams Development, Inc.
Planner: Dominic Mauriello
5. A request for a worksession to discuss a major amendment to SDD #4, to allow for a
fractional fee club and a change to the approved Development Plan, located at 1325
Westhaven Dr., Westhaven Condominiums/ cascade Village Area A'
Applicant: Gerald L. Wurhmann, represented by Robby Robinson
Planner: George Ruther
6. A request for a minor subdivision of Lot G-1 to create a new lot, located al 1410 Buffehr
Creek Road, Lot G-1, Lion's Ridge Subdivision Filing 2.
Applicant; Leroy Schmidt, represented by Eric Johnson
Planner: Dominis Mauriello
TABLED UNTIL MAY 11, 1998
7. Public Meeting Procedures & Discussion:
. Time allocation for public input.. Closing public comment Period.. Debriefing of meeting.. Effective date of any changes.
8. Information Update
9. Approval of April 13, 1998 minutes.
The applications and information about the proposals are available for public inspection during
regular'office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD
for information.
Community Development Department
Published Aotil24. 1998 in the Vail Trail.
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PLANNING AND ENVIRONMENTAL COMMISSION
Monday, April 13, 1998
AGENDA
NEW MEMBER ORIENTATION - Brian Doyon and Tom Weber 11:00 am
Project Orientation /LUNCH - Community Development Department 12:00 pm
MEMBERS PRESENT MEMBERS ABSENT
Site Visits : 1:00 pm
1. City Market - 2107 N. Frontage Road2. Watkins - 1799 Sierra Trail3. Quayle - 1230 Westhaven Circle4. RAD Five L.L.C. - 4469 Timber Falls Courl
George
NOTE: lf the PEC hearing extends untjl 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m.
Public Hearinq - Town Council Ghambers 2:00 p.m.
1. Swearing in of new PEC members Brian Doyan and Tom Weber and reappointed PEC
members Galen Aasland and Diane Golden - Lorelei Donaldson. Town Clerk.
2. Election of 1998 ChairA/ice-Chair.
3. A request for a recommendation to Council on Stage 3 of the Lionshead Redevelopment
Master Plan. Stage 3 includes the rationale and desired outcomes, which establish the
regulatory framework for height, mass and density of buildings in the study area.
Planners: MikeMollica/DominicMauriello
Consultants: Ethan Moore & David Kenyon (Design Workshop, Inc.)
3:00 p.m.
4. A request for a conditional use permit, to allow for a temporary garden center, located at
2107 North Frontage Road/unplatted, Vail das Schone.
Applicant City Market, Inc.Planner: Christie Barton
Driver:
@
,m
Updated 4/08 l0 am
5. A request for a final review of the proposed Major CC1 Exterior Alteration to the Hong
Kong Cafe Building, located at227 \Nall StreeULot B & C, Block 5C, Vail Village 1st
Filing.
Applicant: ASI Vail Land Holding, L.L.C., represented by Kathy LangenwalterPlanner: George Ruther
6. A request for a final review of a Major CCI Exterior Alteration and a site coverage
variance, to allow for a remodel and expansion to the Slifer Building, located at 230
Bridge StreeULot B, VailVillage 1st Filing.
Applicant: Slifer Designs, represenled by Jim BucknerPlanner: George Ruther
7. A request for a site coverage variance, setback variance and additional GRFA utilizing
the 250 ordinance. to allow for a residential addition, located at 1230 Westhaven
Circle/Lot 32, Glen Lyon.
Applicant: Marilyn Quayle, represented by Eric HillPlanner: George Ruther
8. A request for a building height variance, to allow for an increase of one-foot in building
height, located at 1799 Siena Trail/Lot 17, Vail Village West First Filing.
Applicant: Julia WatkinsPlanner: George Rulher
9. A request for an amendment to a previously approved plan for the Timber Falls
Development, located at 4469 Timber Falls CourUunplatted.
Applicant: RAD Five L.L.C.Planner: Dominc Mauriello
10. A request for a final review of a proposed west entry remodel to the Mountain Haus,
tocated at 292 East Meadow Drive/Part of Tract B, Vail Village 1st.
Applicant: MountainHausCondominiumAssociationPlanner: George Ruther
11. A request for a minor subdivision, located at 1410 Buffehr Creek Road, Lot G-1, Lion's
Ridge Subdivision Filing 2.
Applicant: Eric Johnson, representing Leroy Schmidt
Planner: Dominic Mauriello
TABLED UNTIL APRIL 27, 1998
Updated 4/08 l0 am
12. A request for a site coverage variance, to allow for a residential addition, located at Unit
#602, Vail 21 Condominiums, 51 1 East Lionshead Circle/Part of Lot 3, Block 1, Vail
Lionshead First Filing.
Applicant: BillWalkerPlanner: Dominic Mauriello
WITHDRAWN
13. A request for a side yard setback variance and a conditional use permit, to allow for the
addition of a car wash, located aI2154 South Frontage Road/unplatted.
Applicant: Sonny Caster, GTS, Inc., d.b.a. Vail Conoco ServicePlanner: George Ruther
WITHDRAWN
14. A request for a conditional use permit to construct four multiple-family dwelling units and
variances from Section 12-7E-8 (Building Height), Seclion 12-7E-11 (Landscape Area)
and Section 12-7E-7 (Setbacks), to allow for commercial and residential expansion,
located at 143 E. Meadow Drive (Crossroads East Building) / Lot P, Block 5D, Vail Village
1st.
Applicant: Crossroads Plaza, Trevina L.P., represented by Bill PiercePlanner: Dominic Mauriello
WITHDRAWN
15. Information Update
. 1998 PEC rep. lo the DRB -
Jan. - Mar. - John Schofield
Apr. - Jun.
Jul. - Sep.
Oct. - Dec
. 1998 AIPP Appointment -
16. Approval of March 23, 1998 minutes.
The applicalions and information aboul the proposals are available for public inspection during
regular office hours in ihe project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road.
Sign fanguage interpretaton available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356
TDD for information.
Communi$ Development Department
Published March 20. | 998 in the Vail Trail.
il5 rs,il:L
8. A request for an amendment to a previously approved plan for the Timber Falls
Development, located at 4469 Timber Falls CourUunplatted.
Planning and Envimomcntal Comniesion
Minutcs
July 13, 1996
Applicant:
Planner:
RAD Five L.L.C., represented by Greg Amsden
Dominic Mauriello
Dominic Mauriello gave an overview of the staff memo and added that a hazard study had
been received stating that the site would not be impacted. He also said he had received
several letters from neighboring property owners.
Ann Bishop left at 4:30 p.m. (This was the last item on the agenda).
Greg Moffet disclosed for the record that he did business with the applicant, but that it would
not affect his decision.
Greg Amsden, representing RAD lV and himsell, showed the perspective and how low the
building sat on the site from the west elevation, as seen from Bald Mountain to the project. He
said it was 6'-8' lower than Building #18 or #20 and was stepped back. He said, as viewed
from the property across the creek, it was lower than a condominium building. He stated that
the opportunity to replace trees was lessened dramatically, if a 6-unit building was there
instead of this proposal. He said that the parking scenario was better than outdoor parking.
He reminded the PEC that staff was taking a conservative approach in relation to what this site
could handle. He again stated that they were going from a potential condominium building to
smaller single{amily units.
Dominic Mauriello said that this was a substantial departure from the plan and potentially
detrimental to adjacent neighbors, as the proposal encroached closer into buildings in that
development. He said this development was zoned multiple-family and by introducing single-
family dwellings into an area zoned multiple{amily would be potentially inconsistent with what
was built there.
Greg Amsden said he was not interested in dropping the GRFA.
Greg Moffet asked for any public comment.
Marilyn Heller, an owner of a condo on the east side of Building #18, said she would be
impacted with whatever went on that site. She said it was a very large footprint and that one of
the single homes would go over the path that was an access way to the swimming pool, tennis
courts and recreation area. She said it would be very close to her patio, impacting the view
and taking away the trees. She said the original plan did not take parking into account, which
was also a problem and needed some rethinking. She stated that the sewer line needed to be
looked into, as they needed to be careful not to cross over the existing sewer line for Buildings
#18-#20.
Mel Brodie, who lived directly across the creek, said this was just a huge mass of buildings with
these three separate structures. He said the 35' high condo would be replaced by 3 buildings
ranging in height 32' - 35' .
Planning and Envkonmental Commtsston
Minutes
July 13, 1998
Dominic Mauriello made a correction on #2 of the findings in # V.- Staff Recommendation. He
said it should add the word "potential," before the word "detrimental."
Tom Weber stated that what was approved was the right to build the same building as Building
#18 or #20. He said he was being asked to depart from what had been approved. He said the
proposed plan caused more site disturbance and was closer to the neighboring buildings. He
said he would like to see some investigation of putting the parking into the existing common
area. He said that this proposal had more impact than the previously approved plan. He said
because of the way it looked and its use being such a departure from the original plan and it
affected the neighbors more, he wouldn't be able to support the request at this time.
Brian Doyon echoed what Tom said. He said that the PEC only approved the master plan and
that this was a large massing in the footprint. He said that this was a condo project and the
parking was intended to be in the common area the same as the rest of the area. He thought
that trees should be replaced 100% caliper per caliper.
Dominic Mauriello said it was reasonable to replace at 50% caliper per caliper, if replacing a
large number of trees.
Brian Doyon again said to add as much caliper per caliper as could be accommodated.
Greg Moffet asked if the garages were counted in the GRFA figure.
Greg Amsden said, no.
Brian Doyon suggested that moving the parking lots closer to the balconies on Building #20
was a concern.
Tom Weber said the common area started at the exterior wall of Building #20.
Greg Amsden said Building #18 owned their own parking and that Building #20 did not own
their own parking. He said that Ron Riley had granted easements for the building to have
access, but he owns the common area.
Brian Doyon said to have a car parked 10' f rom your window was a detrimental effect.
John Schofield said the site disturbance for three foundations was much more and that access
pinned in by parking wouldn't function. Therelore, he said realistically, the site disturbance
was substantially more and the access was not accessible.
Galen Aasland said he had concerns with the site disturbance and if it couldn't be
demonstrated that the site disturbance was the same, the applicant shouldn't get GRFA . He
said he did see merit in enclosing the parking. He said for this to be approvable, the scale
would have to be consistent with what was on the site. He said he believed that the applicant
could build significantly more upwards to 35' and that his biggest concern was the footprint and
the building mass and bulk, so he would have trouble supporting this.
Diane Golden stated that this was a great departure from what was previously approved.
plqnning and Environm€ntal Commrssron
Minute s
July 13, 1998
Greg Moffet said the problem in hand was that this was uncharted territory with an approved
development plan. He questioned single-family houses in the middle of this project. He said
he was hung up on the bulk and mass of the garages. He said there was an additional 2,500
sq. ft. for the garages. He said he wanted to see covered parking, with no more bulk and
mass.
Greg Amsden summarized that the single-family approach didn't seem workable with the
Commission or with the staff, as there was too much disturbance. He said they needed to put
the parking on the site. He thought they would have to put a condo building here or put a
townhome scenario. He said he would like to table this and come back with a townhome
scenario.
Galen Aasland said a townhome would fit into the neighborhood better, having a common wall.
He then made a motion to table this item until 8/10/98.
John Schofield seconded the motion.
The motion passed by a vote of 6-0.
Planning and Euvironm€ntal Commission
Minutes
July 13, 1998
o
AP
GENERAL INFORMATION
This application is for any project requiring approval by the Planning and Environmental Commission. For specific
inforrnation, see the zubmittal requirements for the particular approval that is requested. The application can not be
accepted until all required information is submitted. The project may dso need to be reviewed by the Town Council
and/or the Design Rwicw Board-
A. TYPE OF APPLICATION:
tr Additional GRFA (250)
tr Bed and Brealdast
tr Conditional Use Permit
tr Major or El Minor Subdivision
tr Rezoning
tr Sign Vriance
D Variance
tr Zoning Code Amendment
B. DESCRIPTIONOFTHEREQUEST:
Questiqq!? Call the Planning Staff at 479-2 I 38
PLICATION FOR PLANNING ,M ENVIRONMENTAL
COMMISSION APPROVAL
/ errr.nOrnrnt to an Approved Dwelopmcnt Plantr Employee Housing Unit (Typc:
-)
tr Major or tr Minor CCI Exterior Alteration
(Vail Village)tr Major or tr Minor CCII Extcrior Alteration
(Lionshead)
tr Special Development Disticttr Major or E Minor Amendment to an SDD
TOWNOTVAIL
D.
E.
F.
G.
C. LOCATION OF PROPOSAL: LOT-BLOCK- FILING
eooysss: 4469 Tvam- frus (ouai srrrLDrNcNAMet Ttulea- Ftus
ZONING:
NAME OF OWNER(S):
MAILINGADDRESS:
OWNER(S) SIGNATTJRE(S):
NAME OF REPRESENTATTVE :
MAILINGADDRESS:
Vn;r-, Co. SMft PHoNE:
FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRTATE FEE.
SUBMIT THISAPPLICATION,ALL SUBMITTAL REQUIREMENTSAND THE FEE TO THE
DEPARTMEI{T OF COMMIJNITY DEVELOPMENT. 75 SOUTH FRONTAGE ROAD.
VAIL, COLORADO 81657.
For Office Uee Onlv:
FeePard: 24. cw: lOl sy: A.Q .
Application PEC Mecting
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RECEIPT - Thc Town ofVril
Dtffi -1tl!1, , r- I
RECEIVED FROM
ADDRESS
DOLLARS T, ZA\A2
N9 18528
Permit Numbers
vail. colorado 81657
(3031 476-5613
James A. Reinecke, Jr.
Timber Fa1ls Corp.
Box 537
Vail , Colorado 8J-657
Dear Jim:
office of the town manager
November 10, L977
Re: Letter of September 22, L977
To clarify your letter of September 22, the Town willrequire that a Registered Engineer inspect the avalanche controldikes and certify that they are. constructed in accord withFrutiger's design prior to issuance of a Certificate of Occupancyfor Phase VI of Timber Fa1ls.
To complete our zoning review of .Phase VI , could you pleasefurnlsh an estimate of land area within the avalanche control area?
I.f you have any questions, please glve me a. call
Sincerely,
DEPARTMENT OF
DEVELOPMENTITY
a S. ToughiJ.l
Zcining Administrator
{al
DST/dl
lqqtf til.rgl +,o f,te, on 'tsq+,rwrtes'l
MEM.RAT{DrM b+ G RFA.
! 1J- e
Randy Stouder
7 /t8/94
HuIl Bay window @ Timberfalls (Unie #602)
After speaking with Bob Ruder and the planning staff here at TOV,it was determined that Timberfalls did indeed have a large amountof unused GRFA due to the fact that the project had never beenbuilt out. I examined the file and found a memo from Joe Fowler tothe file, dated L0/\4/93, regarding this issue. Due to the smallsize of additional GRFA being considered in relation to the amountof GRFA stitl available, I determined that a fu11 GRFA check forthe property was not necessary. However, I noted on the Design
Review Action Form that any major GRFA addiEion would require afull GRFA analysis of existing conditions at rinberfalls.
I pu1led the Timberfalls files and looked for GRFA usage after the
date of iloe's memo-Lhere were none. I had Les1i-e update the memo
from 'Joe Fowler to reflect the GRFA used up with the Hu1I Bay
window request (copy attached). we will use this memo to keep
track of GRFA usage for requests such as Lhe Hull's. The memo wj-l1
be updated as each smal1 GRFA addiEion is approved and a buildingrpermit is issued. The date of GRFA usage will be noted for
tracking purposes.
4il^10a, /t{d Yf**
TO:
FROM:
DATE:
RE: