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POTATO PATCH CLUB CONDOMINIUMS PARKING
• Town of Vail partment of Community Development _/~/,_.75S.Frontagel1oad-ij%1?-O~OO,A V.t',CO 81.57 ~~£~~,~(J/~1'JL~'IT~=-~I!A/~I~:"'~I/~'~~.~A'I~Lr~7/~rA..--~~==::~P';'-,-Y~-,-tXJ-. Please make checks payable to the TOWN OF VAil Account No.Item No.C;:ode #I Cost Each I Total I I 0010000 3141110 Zenin and Address Ma s ZA ,$5.00 • OOt 0000 3141112 Uniform Buildl Code -1997 •Volume 1&2 C8 $50.95 ," Oat 0000 3141112 Uniform BuildinoCode -1997 Volume 3 t $57.20 • 00100003141112 Inlemational Plumbina Code -1997 C8 $36.00 -;. 00100003141112 International Mechanical Gode -1998 C8 $35.00 , 00100003141112 Uniform Mechanical Code -1997 I $33.•0 · 00100003141112 Uniform Fire Code C8 I $36.00 · 00100003141112 National Electm:al Code C8 $37.00 · 0010000 3141112 Abatement of Dancerous Blda.'s 1997 $9.95 · 00100003141112 Model Ene Gode -1995 $10.00 · 00100003141112 Anal sis of Revisions to 1997 Uniform Codes $12.75 · 001 0000314 1112 Other Code Books I ~· 001 00003141211 Blue PrintsiMiiTar ConvFees 1<:1 I $7.00 •C7~,(<) 00100003141111 Xerox Co iss XC $0.25 ·~./",(~ 001 00003141111 Lionshead Master Plan S1.80/$1.60 MS $40.00 · 00100003141111 I Studies,Master Plans,etc.MS · 001 0000 3'5 3000 Pel1altv FeesiRe-ln-snections PN 001 0000 31\2300 Plan Review Re-check Fee ($40!oer hour PF 001 0000 315 2000 Off Hours In ection Fees OH 001 0000312 3000 Contractors License Fees CL 001 0000 312 4000 SiOrlAnnlication Fee SP $20.00 001 0000 312 4000 Additional Sian-AOOIicaoon Fee SP 001 0000311 2200 Desi n Review Board Fee fPre-oald\DR ! 001 00003153000 IBuildin lnves ation Fee PN 001 0000 240 3300 Developlll 1m emanl Agrellmllnl 0 ilD2·DEP1O AD I 00100003121000 Restaurant LiCense feeirOVI RL I 001 0000 230 2000 Saec.Assess.-Rescauranl Fee to Co.DeolRev.ISA I / '001 0000201 1000 Taxable@4.5%Stale·Tax D3vablfil TP I . '00100003101100 Taxable @ 4.0%own -Retail sales TalC T7 .:I-1:'K- OtherlMisc.-MS, 001 0000 311 2500 PEe APPLlCA nON FEES 00100003112500 Additional GRFA •"250" 001 0000311 2500 Conditional Use Permit 001 0000 311 2500 Exterior Alteration·Less than 100 so.fl. 001 0000 311 2500 Exterior Alteration -More than '00 so.ft 001 0000311 2500 S ecial Devel0 ment District -NEW 001 0000311 2500 S ecial Davelo moot District·Ma or Amend DOl 0000311 2500 snecial Develonment District -Minor Amend 001 0000311 2500 Subdivision Fees 001 0000311 2500 IVariance 0010000311 2500 Zonin Gode Amendments Re-Zon~ 001 00003193100 Greenstar Pronram Other· PV $200.00 PV $200.00 I PV $200.00 PV $500.00 PV $1,500.00 PV $1,000.00 , PV ,$200.00, PV P'l $250,00 IPV $250.00 PV $200.00 I,, MS ITOTAL: f--- f--- f--- I- f--- f--- I- ~Cash Money Order 11 Check #Received by: I- I- ~Comments: F:lEveryonelformslSaiesac:l.elCe 21'0199 I1 vYWU <)v~+-fe:.,d ~. 11~u-~.L bA...~ cL~s {o ('~ +-\.e.-.~--H--~Lo-ws~t. ~1)lo1)LC- • Department of Community Development 75 South Frontage Road Vail,Colorado 81657 970·479·2138 FAX 970·479·2452 January 19,2000 Arthur A.Abplanalp,Jr. Dunn,Abplanalp and Mauriello,P.C. 108 S.Frontage Road W.,Suite 300 Vail,CO 81657 RE:Appeal of Design Review Board December 15,1999 Approval for Potato Patch Club Access Improvements Dear Art: •The Town Council,at its January 18,2000 meeting,voted unanimously to uphold the Design Review Board's December 15,1999 approval with conditions of the PotatO Patch Club access improvements.The Town Council made the fioding that the Appellants did not have standing to file the appeal. If you have any questions,please call me at 479-2148. Dominic F.Mauriello,AI Chief of Planning r ,. TO: FROM: • MEMORANDUM Town Council Community Development Department -• DATE: SUBJECT: January 18,2000 An appeal of the Design Review Board's approval of additional parking along feeder road/parkingilandscaping and extension of road,950 Red Sandstone Road/Potato Patch Club Condominiums. Appellants:Dome Investment Group and George and Elizabeth Ireland, represented by Arthur A.Abplanalp,Jr. Planner:Dominic Mauriello I.SUBJECT PROPERTY The Potato Patch Club Condominiums located at 950 Red Sandstone Road. II,STANDING OF APPELLANT The Appellants are individual owners at Unit 11 (Dome Investment Group)and Unit 15 (Ireland) in the Potato Patch Club.The application which is being appealed was filed on behalf of the Potato Patch Club Condominium Association,of which both appellants are members.The Community Development Department does not believe that the Appellants have standing to tile the appeal as they are in essence a party to the original application.Their dispute is an internal dispute with the Potato Patch Club Condominium Association which must be resolved among the partiesconcerned and not by the Town of Vail.Therefore,staff is recommending that the appeal be dismissed on the grounds of lack of s1anding of the parties to appeal. III.BACKGROUND Lis!of attachments: Exhibit #1-Appellant's appeal form Exhibit #2 -Reductions 01 approved plans Exhibit #3 -Letter from Potato Patch Club's legal counsel Exhibit #4 -Potato Patch Club Resolution Exhibit #5 -Potato Patch Club December 16,1999 minutes The Redevelopment Proposal On November 10,1999,the Potato patch Club Condominium Association,Inc.submitted a Design Review Application to construct additional pavement and landscaping along an existing driveway in the Potato Patch Club.The application includes widening the pavement to further reduce the nonconformity on-site.This would be accomplished by adding pavement along the edge of the access driveway.Additionally,pavement would be added to existing parking spaces in order to prevent vehicles from obslructing the drive aisle.An extension to the driveway would 1 ,.•--• be provided between units 10 and 11 in order to provide access to any future development on the ~Carnie Parcel." The Design Review Board on December 15.1999,following a visit to the site,issued an approval (vote of 4-0)01 the proposal subject to the following conditions: 1.Provide a separation between the drive aisle and parking at the entrance no less than exists today by either relocating mailboxes and adding pavement or adding compact parking stalls. 2.The pavement being added at the south end of the 9 parking space area should not be added to protect trees and either provide a compact parking stall or widen the drive aisle to the west. 3.Civil drawings be provided if necessary prior to obtaining a permit to add pavement. In the motion for approval,the Design Review Board stated that the application was appropriately submitted and that the Design Review Board was in concurrence with the staff interpretations on the project. V.TOWN RESPONSE TO THE APPEAL The Community DevelopmentDepartment has prepared the following analysis in an attempt to answer the appeal. The Appellants'representative has provided a letler dated December 22,1999 which states the reasons for the appeal (anached). The following issues are addressed: 1.The Appellants contend that the President of the Potato Patch Club did not have the authority to submit a Design Review Application on behalf of the owners within the Condominium Association. The Town of Vail received an application signed by the President of the Condominium Association.The Zoning Regulations state that the application can be submitted by an owner or authorized agent.The President of the Condominium Association testified that he is an authorized agent and additionally we have received a legal opinion from the Association's counsel conferring that fact. Additionally,on December 16.1999.the Board of Directors of the Potato Patch Club Condominium Association approved this application which is being appealed. 2.The Appellants contend that the application submitted was erroneous and misleading with regard to the absence Of any Identified landscaping between the parking lot and the tennis courts. The Design Review Board reviewed the application and found it to be complete, Additionally,the Board walked the entire site where improvements were to be located and was able to witness first hand any landscape issues presented by the driveway improvements proposed.The Design Review Board voted unanimously to approve the proposed 2 3 • APPEALS FORM REQUIRED FOR FILING AN APPEAL OF A STAFF,DESIGN REVIEW BOARD OR PLAl\NING AND ENVIRONMENTAL COMMISSION ACTION A.ACTJONfDECISION BErNG APPEALED:Approval of a project sometimes known as the Potato Patch Club Road Wideninq Project,by the Town of Vail Design Review Board on the 15th of December.1999. B.DATE OF ACTIONIDECISION::__.:1~5---"D.=e.::c.=e~m:::.b.=e=-r-=1~9::.9::.9 _ C.NAME OF BOARD OR PERSON RENDERING THE DECISIONfTAKlNG ACT10N:._ Town of Vail Design Review Board NAME OF APPELLANT(S}:D.Dome Investment GrOll Gear e &Elisabeth Ireland c 0 Paul Hoff Suite 3800 East Long Road 1700 Lincoln S~reet Littleton CO 80121-1914 Denver,CO 80203 MA1LING ADDRESS::_----,-----0-,--------------,-----,--;:--------- Unit 11 Unit 16 Potato Patch Club Condos Potato Patch Club Condos J:!h'YSICALADDRESS [NVAIL:950 Red Sandstone Rd.,VailpVHO~.E:950 RedSandstoneRd. (303)689-9800 (303)830-2171Vail,CO E. LEGAL DESCRIPTION OF APPELLANT'S PROPERTY IN VAIL: UniJjt 11,Potato PatchCluCondoml.nl.ums Page 1 of2 Unit 16,Potato Patch Club Condominiums I.•-• F.Does this appeal involve a specific parcel of land?_.:Y.:e.:s'---_If yes,please provide the following information: an:you an adjacent property owna?YeS ---lL no Ifno,,sive a detailed explanation of how you are an "aggrieved or adversely affected person.""Aggrieved or adversely affected person"means any person who "''ill suffer an adverse effect 10 an interest protected or fwthercd by this title.The alleged adverse intereSt may be shared in common .,.,..j(h other members afthe community at large.but shall exceed in degr~the gene:-a]imerest in community soad shared by all persons. Appellants are the owners of specific condominiums and the owners of undivided interests in the general common elements of the Potato Patch Club,which is property which was the subject of the action from which this appeal is being taken.The approval of the project,was undertaken without the approval of the owners of the property or their agents in association with a project not approved by the owners or their agents,constitutes a pUblic safety hazard endangering the property of the Appellants and would permit the development of the SUbject property without adequate review and consideration of the impacts on the property of the Appellants and the Potato Patch elub in general.The approval would also permit the development based upon accessthrough the Potato Patch Club for which no standards have been established and regarding Which there has been neither consent by the appellants or the othet owners of Potato Patch Club nor any analysis or review of the impact of changes to the Potato Patch Club in association with that access.Further,the plans upon which the Design Review Board relied,in association with approval are inaccurate,incomplete and do not accurately depict the impnct of the proposed project or the conditions imposed upon the property of the Appellants and the Potato Patch Club as a whole.The detailed basis for this appeal is found in the letters and material which accompany this Appeals Form. G.?ro\ide the names and addresses (both person's mailing address and property's physical address in Vail)of all oy.'11:tS of propeny which are the subject of the appeal and all adjacent property owners (including properties separated by a right-of-way.stream,or other intervening barriers).Also pro\ide addressed and stamped envelopes for each property O\l,ner on the list. H.On separate sh~~ts of paper,specify the precise nature of roe appeal.Please cite specific code sections having rel::...ance 10 th:action being appealed. l.FEE:50.00 Page 2 of2 ..•--• .I0"N W DUNN ...trNV"..,1I ..1Jl L ...J" :I ANt ..[Ill VR'ellO or co"".. JCOloty w NN ..... TO","Tl Council TOVVTl of Vail Vail,Colorado L..w 0""'CI:5 DUNN,ABPLANALP &MAURIELLO,P.C. WesTS'....a....1<BUlI.CIING 'Oil SoUTO."'''000'''011:ROAO WCST SVITI:300 VAll,COLOIllAOO 11'1157 22 December 1999 TE:LCPHOf\lt.: (9701476·0300 ,....C51 ..ll(: 19701 476·4?eS e-m~Y01lle~~net cr."..(o UCi ..."U'.''''TS K"R[N H.DUN ..,Cl,.45 J"".,I:[K.5CO",(I,.O,CL.... Re:Appeal from Vail Design Review Hearing.Potato Patch Club Proposal Members of the Council: This Firm represents Dome Investment Group (the owner of Condominium Unit 11,Potato Patch Club)and George and Elisabeth Ireland (the owners of Unit 16 j Potato Patch Club).Each of our clients is also the owner of an undivided interest in the common elements of the Potato Patch Club.Our clients arc.therefore,owners of the property which is the subject of this appeal. The purpose of this letter,together with the copy of the letter which is attached and which was provided to the Design Review Board,is to supply the information requested through the Town's "Appeals Form"to which this letter is attached.A copy of the application and the record of the decision of the Design Review Board,as well as the list of property owners and addressed,stamped envelopes accompany this letter. This appeal is being filed on the basis of the following issues: I.The Zoning Code of the Vail Municipal Code,at 12-11-4.C.I.,authorizes consideration of an application for design review approval only if the application is submitted by the owner or agent of the owner of the property which is the subject of the application.The application and the plans before the Town as part of the application have not been authorized by the owners of the property which is to be affected by the proposed activity,nor have critical parts of those plans been approved by the Board of Directors of the Potato Patch Club,which,in any event, is neither an owner or an agent of the owners.This proceeding is based upon an application signed by the President of the Association and included both a general plan for road improvements and a more specific landscaping plan for a portion of the impacted area.The President of the Association based his action upon his assumption that he had implied •. •--• authority to do so,solely as the result of a resolution which Michael Lauterbach submitted to the Town in association with his application for approval of developmenr of the Carnie parcel,to the east:That resolution did not authorize the submittal ofthis application or the plans which are before Council,and that resolution is inconsistent with this application and those plans.Further.the Board of Directors met on Thursday,the 16th of December,the day after consideration of the application by the Design Review Board.in order to determine whether to approve either the application or the plans,or both.At that meeting the Board of Directors approved a plan similar.but not identical to,one of the three maps considered by the Design Review Board.The Board of Directors did not see,consider,or approve the landscaping plan which is an integral part of the application before the Council on appeal. Funher,even if the President of the Association had the authority of the Board of Directors to submit the application and or the plans before this Council,that does not satisfy the requirements of the Zoning Code, because the Association had no authority to submit either,because the Association does not have the broad powers established for more recently organized condominium associations,and Town of Vail Municipal Code requires that any application for design review approval be submitted by the owner or agent of the owner of the property which is the subject of the application.ThePotato Patch Club Condominium Association owns nothing related to the general common elements to be affected by the proposed project,and there exists no authority for it to act as agent of any owner in this circumstance. 2.The application package presented to the Town in association with the Design Review Board hearing was to be an accurate rendition of the plan, including both existing landscaping and that which was to be replaced and/or installed.Vail Municipal Code 12-11-4.C.l.f.The material which was submitted was erroneous and misleading,including but not limited to the absence of any identified landscaping on the area of the Potato Patch Club between the driveway and the tennis courts.An example of what should have been submitted with reference to the entire project is that limited landscaping plan submitted in association with the Lauterbach/Carnie application (a different proceeding),and included in this submittal.The proposed plan did not address the impact on landscaping to the west of the intersection between the proposed access road and the existing driveway for Potato Patch Units I through 17.In fact,the maps submitted did not even identify the landscaping which exists between the driveway and tennis courts,virtually all of which will be impacted by the proposed widening of the paved area. 2 •--• 3.With respect to site coverage,the Zoning Code of the Vail Municipal Code requires that this site be 60%landscaped.Vail Municipal Code,12-6E- 10.A review of the Town's historic analysis of the Potato Patch Club indicates that the actual size of the site is 454,330 square feet.The Town's analysis which was provided to the appellants prior to the hearing indicated that the Town relied l for purposes of this proceeding, upon a total area for the site of 480,230 square feer.When the lower figure upon which the Town had previously relied was pointed out,the Town of Vail obtained a report from a local surveyor who indicated that an old drawing of the Potato Patch Club indicates one acreage and a review of the various plats came up with a different acreage.The applicant submitted no analysis of total acreage whatsoever.The application which was before the Town indicated that.because of the additional paving involved in the proposal.there would exist 187,041 square feet of impervious area to be charged against the Potato Patch Club.Based upon this analysis,approval of the proposal would be illegal if the lotal area of the POtato Patch Club were less than 467,602 square feet.Additionally,the figure of 187,041 square feet appears to understate the coverage of the site because of a "recreational"credit of 10,245 square feet,for which there is no authority in the Zoning Code. There exists no engineer's analysis for the actual size of the site.and.for some reason.the map which was submitted to the Town for the purpose of analyzing impervious area includes all required information except the actual size of the site.Without certainty regarding this information.an accurate analysis is impossible.If the figure historically used for site size (454,330 square feet)is used,the lot coverage under the current proposal would be substantially in excess of that permitted.Under such circumstances,approval by the ORB of a proposal which violates the Town's land use regulations,or regarding which the Town has nOt received authoritative information regarding compliance.should be reversed by this Council. 4.Again with respect to site coverage,even if the higher figure of 480,230 were used,a correct application of the Town's Zoning Code and Development Standards establishes that the current site coverage is significantly in excess of the permitted amount (approximately 5,429 square feet in excess)if the Town's formula is used.The difference in the calculation arises from the fact that the Town excludes portions of the site which are under the pavement of Red Sandstone Road and Potato Patch Drive.For some reason,the Town has analyzed this site without consideration for the fact that two paved roads exist on the site.Even that analysis,for which there is no basis,barely brings the total site 3 •-• coverage within the limit permitted by the Town's Zoning Code and.It is difficult,if not impossible.to characterize a paved public road as "landscaping."However,unless these roads are ignored.the existing landscaped area proposed for paving cannot be paved without violating the Town's land use regulations.Under the correct analysis of the Zoning Code,the Potato Patch Club is currently non-conforming.with respect to landscaping.and such a non-confonning site may not be modified in such a manner as to increase the degree of non-conformity with respect to landscaping.Vail Municipal Code,12-18-S.C. S.The driveway selVing Potato Patcb Units 1 through 17 currently is almost entirely JUSt that,a driveway.even by Town Development Standards. However,with the addition of five units entering bet\.yeen Units 10 and 11,the driveway becomes almost entirety a "Feeder Road"under the Town's Development Standards.The Town's Design standards require that parking places adjacent to Feeder Roads be set back five feet from the edge of the road.That has not occurred here.is not part of the plan, and for that reason the plan again violates the Town's Development Standards and should not be approved.It is worth noting that the developer who is anempting to create this access through Potato Patch was told at an early date that a S·foot setback is required.but that requirement was more recently ignored by both the developer and the Town of Vall.If there is a logical basis for the S-foot set back for parldng on a feeder road with eleven units,and some consideration dictated its inclusion in the Development Standards,certainiy it should apply here. The west leg of the current Potato Patch driveway will.if the Carnie parcel is developed.be serving twenty·two units.To permit parking on this road without the S-foot setback would create a safety hazard as well as violate the Town Development Standards. 6.With further reference to parking,the Design Review Board considered and imposed conditions relating to the conversion of several existing parking spaces without any analysis or consideration of the question of whether the existing parldngat the Potato Patcb Club was in compliance with the Zoning Code.If parldng was not in compliance with the Zoning Code.the conversion of full size parking spaces to compact parking spaces would constitute an increase in the discrepancy between the existing and required parldng spaces.Vail Municipal Code,12-18-S.D. 7.At the hearing on the Carnie parcel,Mr.Lauterbacb indicated that he intended to use this access as utility.as well as vehicular.access.There exists no identification of utility access nor any indication of the above- 4 •--• ground features which will be associated with such utility access,and the Potato Patch Club Association Board of Directors has taken no position on that issue. It should be noted that the Town's justification for failing to adhere to its Development Standards is apparently based upon a provision in the Development Standards (but not in the Zoning Code)relating (0 nonconformities.However.that analysis is found in the f~llowing context: To encourage redevelopment,there shall be some flexibility granted to existing nonconforming sites and structures. This application is not,of course.about redevelopment.It is about permitting development on an adjoining tract of land where that development threatens to create or aggravate nonconformity in an existing project (i.e.,the Potato Patch Club)which is neither being redeveloped or developed,but only impacted. The application was made to the Town of Vail without the authority of Dome Investment Group and Mr.and Mrs.Ireland,who are among the owners of the subject property.The entity which was to have authorized that application did not,in fact, either authorize the plans or have the authority to do so.The plans submitted are incomplete and erroneous.Although inadequate and erroneous information may seem to justify the approval of the plan,inadequate and erroneous information should not even be considered in association with this process.Most important,the requested modifications of the Potato Patch Club Simply may not occur without significant violations of the Zoning Code and of its Development Standards.It maybe that the staff has some discretion to permit variances from the Development Standards.There exists no such authority for the violation of the Zoning Code.The approval of the proposed plan by the Vail Design Review Board should be reversed by this Council. Ve Anhur A.Abplanalp,Jr. xc:Dome Investment Group Mr.and Mrs.George Ireland .\c\vWaiJppc: 5 '~'." TOIVNLOF::::VA~lL~~i --_Question .e Planning Staff at 479·2128 fWYW-0337 APPLICA TlON FOR DESIGN REVIEW APPROVAL QENERAL INFORMATION Thi!\application is for Uly project requiring Dc.<;icn Review aprro\':ll,Any project requiring design review must rcc.:ei"c Design Review approval prior to submitting for a building permit.For specific information,sec the submittal requirement!'for the particular approval that i!'requested.The application cannot be accepled until all the required informarion is submitted.The project may also need to be reviewed bylhe To\VJ'l ~ouncil andlor the Planning and Environmental Commi!iSion.Design Review Bond 2ppro\'21 upires one ycu aftcr 6n21 approv21 unless lil building permit is issued 2nd constnu:tiDn is started. A.DESCRIPTION OF THE REQUEST:1!($.oG,'r,"~'J .~~I<..,,~,~ffrou ...1 o ...~~~,I~r'c......c..~.t-j ro-lc..+-c..,f +-0 B. C. D. E. F. G. H. LoeATlON OF PROPOSAL:LOT:BLOCK:FILING:_ PHYSICAL ADDRESS:9so Ret:>~A-IJOSTotVC RoAA PARCEL #:2,tJ La 3060 $/7 (('omacI Eagle Co.Assessors Office at 970-328·8640 forparccl #) ZONING:-,;:-_ NAMEOFO\\'N"ERtS):Pt'T"1P f',q..,-&-4 CLc.(j CDNOo~'A/'lI~.4s~u"rJJ~. MAILING ADDRESS:1.(3 t:<'t..&r r"1~""'''.""p ............ 1£.,.t-3'7 v'~,'r,C•PHONE:{7'.'p.{ ..SIGJ\ATURE(S):r7r>-~~I/-s~oc,''''I'~Pl"<c.,"'~"r NAME Of APPLICANT:-r _,.,_4l..""~,-,'Ass"c;...Prc..J''#(c.~+ M~ILING ADDRESS:'l~o !:"~.(I +.~38 v'~,.{,C.PHONE:471-rJ'p- TYPE OF REVIEW AND FEE:3%-'28';1 ONe?'ConstTuction -S200 Construction of a neW building. o Addition -SSO Includes any 3cldition where square footage is added 10 any residential or commercial buildin£. ~1inor AJt('r:ltion -520 Include!'minor changes to buildings and site improvemcots.such as, reroofmg.painting."indow additions.landscapmg.fences and rct3ining \\'aIl5,eTC. ORB fees arc to be paid al Ihc rime of sublllini\J.LaTer.when appl)'ing fOr a building pcnniL please identify the accurate \·alua!ion of the project.The Town of Vail will adjust the fee according 10 the project valuation. Ep,·Qrner U~e Qnlv; Fee Paid:/..1 ~~... PLEASE SliBMlT THIS APPLICATION.ALL SUBMITTAL REQUlREMEI'o"TS AND THE FEE TO THE DEPARHIE:'iT OF CO~IMliNIT\'DE\·ELOPME:'iT.75 SOt:TH FRO 'TAGE ROAD. VAIL.COLORADO 81637, CK#:4 ~..7 By:-.:f.-.:.·..!..f...={..'--'-fJ...:...=-h...=..=Lc...-.:.C::..:.c:-,:-p,:-.-T-A:...:S~l.:.:",:-..:::::Ii:::.,-:..<..~ Appl;c.l1;on D.rc:_-,fI<-1_·:..:ID<:..:.....'1J.'1 DRB MWing Darc,_-;5f-/;~7";;fkO"""",e=o===,-__ Prc-Applica!ion Meeting Dalc: ;/" --• DESIGN REVIEW BOARD AGENDA Wednesday,December lS,1999 3:00 P,M. MEETING RESULTS PROJECT ORIENTATION Ch riSfn10S LlDIdt com~unity Development Depanmenl MEMBERS PRESENT MEMBERS ABSENT Clark Brittain Bill Pierce Hans Woldrich Melissa Greenauer Galen Aasland (PEC) SITE VISITS 1.Billingsley -11fo Ptarmigan Road 2.Darby Vail 11-3847 Lupine Drive 3.Potato Patch Club -950 Red Sandstone Road Driver:Allison PUBLIC HEARING -TOWN COUNCIL CHAMBERS 12:00 pm 2:00 pm 3:00 pm 1.Potato Patch Club ~Additional parking along feeder roacVparking/landscaping and Dominic Extension of road. S50 Red Sandstone Road/Potato Patch Club Condominiums. Applicant:Potato Patch Club Condominium Assoc.,represented by Thomas Gargen MOTION:6ill Pierce SECOND:Hans Woldrich VOTE:4·0 (Greenauer abstained) APPROVED WITH 3 CONDITIONS: 1.Provice a separation bet'Neen the drive aisle and parking al the entrance no less Ihan EXists today by either relocating mailboxes and adding pavement or adding compact parking stalls. 2.The pavement being added at the south end of the 9 parking space area should not be added to protect trees and either provide a compact parking stall or widen the drive aisle to the west. 3.Civil drawings be provided jf necessary prior to obtaining a permit to add pavement. "mwiP 1 •--• Design Review Appeal -Potato Patch Club Condominium Association Application Property Owners and Addresses: Owner of the Subject Propem: Potato Patch Condominiums and general common elements (Send to condominium association pursuant to Section 12-3-3.C.3.of the Vail Municipal Code): Owners of Potato Patch Condominiums Potato Patch Condominium Association c/o Mr.Larry Barnes,Vail Home Rentals 143 East Meadow Drive -Suite 397 Vail CO 81657 Owners of Adjacent Property: Unplatted property to south and east: John A.Carnie and Joan T.Carnie 2920 Mann's Ranch Road Vail CO 81657 (believed to own fee title) Michael Lauterbach POSt Office Box 3451 Vail CO 81658 (believed to be under contract to purchase property) Tract C,VaiVPotato Patch Town of Vail 75 South Frontage Road West Vail CO 81657 Tract D,Potato Patch Vail Corporation Post Office Box 7 Vail CO 81657 Red Sandstone Creek Condominiums(Send to condominium association pursuant to Section 12-3-3.C.3_of the Vail Municipal Code): Red Sandstone Creek Association 75 South Frontage Road West Vail CO 816S7 Unit A,Lot 3,VaiVPotato Patch Second Filing Betty Guffey 742 Sandy Lane -Unit A Vail CO 81657 ,• Unit B,Lot 3,VaiVPotato Patch Second Filing Charles Paul and Geraldine Campisi Forest Drive Sand Point NY 11050 Unit A,Lot 4,VaiVPotato Patch Second Filing Mikell Holdings Co.LTD C/o Karl H.Fauland Post Office Box 4261 Vail CO 81658 Unit B,Lot 4,Vaivpotato Patch Second Filing Rican Investment Co.Ltd C/o Karl H.Fauland Post Office Box 4261 Vail CO 81658 Lot 5,VaiVPotato Patch Second Filing Eric C.Golting and The Doris Golting Irrevocable Trust 10700 East Bethany Drive -#200 Aurora CO 80014-2625 -• Parcel B and interest in Parcel A,Lot 6,VaiVPotato Patch Second Filing Roger S.Penske Trust UITIA Dated November 17,1973 C/o Penske Corporation 13400 Outer Drive West Detroit MI 48239-4001 Parcel C and interest in Parcel A,Lot 6,VaiVPotato Patch Second Filing William L.Hanlon and Marylyn E.Hanlon 225 Wall Street Vail CO 81657 Unplatted land United States Forest Service Post Office Box 190 Minturn CO 81645 domanailinrUstppc 2 SHEET C2 -".......".........."P\.C ~15 DAlE:"/25/'" • fkt ~f1?tWeJ ~j Do.g (Fv 1\SI":2:e-fJ1.wI~o..\J<:li\~~ a+~~ S ~ckL o.reA-~ are.....(Y-e.vJ P"'~-t. TENNIS COURT r I / I I -• -. SCALE:,"=40' DATE OF SURVEY:2/8/95 UPDATED:11/15/99 -• --+--\---..., ••, I --'I ~-, I,r I 4» TENNIS COURT--~.-~~ ~~IDeI1 __ ".-FENCE (:rr1'>1CH..). ~-•••g-- -•4...m_~, \,.IfI'llIWff ~e ~~. .'. ~""'T OIIA_KAT _~.II! "'-'~.15 o.o.re I,,"," SHEET 1 of 1 i SANDY.LANE lMPfR'ylOUS CAl CUL.AIlONS ~-lUW..A5J'!W.t •7&.0'77 $I.•mw.IIt&:.c IMA _....,.,u. (M1..IlOOl'lMJIWlC:S).. _CIDUI!n _'loUt u. tcl5 fI[QII('NlQfK eRm'T-uu~$.T.<-l ~IlII'DMC:UlI •111.4V.2 U ••J"!lOI'Ol5GI ADCft.-.,_Ul4 V. ll7TAL ~.wJl •tn',D6I.J SS. - J:!JJL APPfl'OUMTE N'IV.S I'ItOW ,t£RI,ll loW'5 NO TOf'OOIW>HlC SUII\'tY W~P(RFOIl'lED. ~iii.- -- I I ~ - POTATO PATCH CREEK PARCEL / / -" ( -~I I ~ I ,, \, I , I I/ ----- -- -- -- DRPATCH -QllUIIT -- -- POTATO -- - PRIVATE DRIVE FORPOTATO PATCH CLUB --"",., - -.---- i !,,••I J J ! I I i " ..• OTTEN.JOHNSON.ROBINSON.NEFF &RAGONETTI.PG. ATTORNeyS AND COUNSELORS AT LAW 9!50 sE:.VLNTEENTH STREET SUITE:11500 DENVER.COlOR'Ioa 80202 IUt'!llALl G.,\l.T DIRECT DIAL (303)575·75411 R,\I.T@OJII.;·,R.CO.\I By FACSIMILE AND U.S.MAIL Robert Thomas Moorhead,Esq. Vail City Attorney Vail City Altorney's Office 75 South Frontage Road West Vail,Colorado 81657 TELEPHONE 303-825-8400 FAX 303-625-6525 December 1,1999 .'Re:Interpretation of Condominium Declaration and Governing Documents Relating to The Potato Patch Club Condominiums!Authority of Association Board to G[jInl Easements Dear Mr.Moorhead: I have been advised by Dr.Thomas J.Gargan,President of The Potato Patch Club Condominium Association (the "Association"),that the Town of Vail has requested a letter from tbis finn,as counsel to the Association,describing and supporting our interpretation of the governing documents of the Association aUowing the Association Board of Directors to b'Tant and convey to Michael J.Lauterbach (or his affiliates andlor assigns)an casement for ingress and egress over certain general common elements located within the Potato Patchcondominium project subject to the temlS and conditions set forth in that certain Joint Resolution Adopted by the Board of Directors and Members of The Potuto Patch Club Condominium Association,Inc. dated on or about July 2,1999,a copy of which is attached hereto for your ease of reference. It is my understanding that certain members ofrhe Association arc chaUenging the Association's authority to grant the proposed easement to Mr.Lauterbach.Apparently,some of these members are represented by Arthur A.Abplanalp.Esq.As more particularly described in u letter from Mr.Abplanalp to Messrs.Forrest,and Mauriello of the Vail Department of Community Development dated August 17,1999,also attached for your review,Mr.Abplanalp's clients believe Lhal the subject casement "may be granted only through an amendment to the Declaration and by conveyance of the easement by all owners,each of whom has an undivided interest in that property."Later in such correspondence,Mr.Abplanalp asserts on behalf of his clients that:"The ppe Association owns no part of the land which is proposed to be affected by the easement.In the opinion of a number of owners,the Association can grant no right to land which it does not own."The purpose of this correspondence is to provide you wilh our ..,• Robert Thomas Moorhead,Esq. December 1,1999 Page 2 -• interpretation of the governing documents for the Association and to refute the claims made in Mr.Abplanalp's correspondence. The governing documents of the Association clearly provide the Association Board of Directors with the authority to scll or transfer all or any part of the common elements of the Association (including the power La grant casements over the cenunon elements of the Association),as long as at least 67%of the first mortgagees (based upon one vote for each first mortgage owned)and 67%of the then owners of the condominium units within the Association have given their prior approval for the granting of such easement,despite the fact that the Association is not the record owner of such conUllon elements, While not intending to bore you,I feel that it is important to cite for you the specific provisions contained within the Declarations and the Bylaws of the Association which allow the Board of Directors thereof to gr:nt casements,such as the one proposed to Mr.Lauterbach.'The following paragraphs briefly summarize and discuss those sections of the applicable governing documents of the Association whieh are pertinent to this matter. Section 3.8 of the Declaration defines "general common elements"to include yards,lawns,gardens and streets;such community amenities designated as general common elements on the maps of the condominium;and all other parts of the condominium project necessary or convenient to its existence,maintenance and safety,or nonnally in common use.I believe that even Mr.Abplanalp will agree that the proposed easement crosses only areas of the subject property which are considered to be common elements, Sections 2,1,7.8 and 9 of the Declaration provide Lhat each owner of a condominium unit owns,as a tenant in common with all other owners,an undivided interest in all of the common elements.The ownership of such undivided interest in the common clements is appurtenant to the ownership of the condominium unit.As a result,all owners of condominium units arc tenants in common,each with an undivided interest in and to their proportionate share of the common elements,In addition to the above,the Declaration subjects lhe Potato Patch Condominiums to the Colorado Condominium Ownership Act,Colo.Rev.StaL §38-33-101,fU WI.(the Potato Pateh Condominiums have not adopted CCJDA).Colorado's Condominium Ownership Act states in §38-33-102 that ill.l condominium ownership in Colorado is deemcd to consist ora separate estate in an individual air space unit together with an undivided interest in the common elements of the condommium project,and further that the undivided interest in the common elements is ~lppurlenanl to the individual air sp'lce unit.Thus,with respect [0 ownership interests in general commonclements,the ownership of a Potato Patch Club condominium unit does not include any rights which are in excess of those gr<mted to any other condominiwn owner in the Statc whose rights are governed by the same statute. , -• Robert Thomas Moorhead,Esq. December 1,1999 Page 3 -• Notwithstanding the common ownership of the general common clements, Sections 12.1 and 34 of the Declaration provide that the interests of all of the owners of the condominium units are governed by <lod subject to the Declaration and the Articles of Incorporation and the Bylaws of the Association.These Sections also stale that the terms and conditions set forth in the Declaration,the Association Articles of Incorporation,the Association Bylaws and the various Association nlles and regulations arc deemed to be accepted by all of the owners and mortgagees of such condominium units,and are declared to be binding upon each such person or emity without the necessity of inclusion of an express provision stating the same within the instrument ofconvcyance or encumbnUl1:e with respect to the condominium unit.As a result,all interests of all owners of each of the Potato Patch condominium units are governedby and subject to the Association's governing documents,including but not Jimited to all terms and conditions set forth in the Declaration.Therefore,despite the fact that each condominium owner is a tenant in common with all other owners with respect to ownership of the general common elements,such ownership interests arc specitically subject.to the terms included within the Declaration and the governing documents of the Association.including each of the following provIsIons. Section 16 of the Declaration grants to the Association the responsibility lor the operation of the common clements. Section 6.12 of the Bylaws of the Association delegates certain powers to the Board of Directors ofthe Association.These include,but are not limited to,the following: A.The power to administer and enforce the covenants,conditions, restrictions,easements,uses,limitations,obligations,,md all other provisions set f0l1h in the Declaration and the Colorado Condominium Ownership Act (§6.12.5); B.The power to enter into contracts,to carry out the Association's duties and powers (§6.12.9);and C.The powcr to exercise for the Association all powers,duties,and authority vested in or delegated to the Association by the governing documents of the Association and the Colorado Non-Profit Corporation Act (§6.12.15). Section 26 of the Declaration provides the Association with the power to dispose of real and/or personal property by sale or otherwise. Finally,the dispositive provisions relating to this matter are set forth In Sections 18.3 and 18.3.4 oftbe Declaration,which statc as follows: .'.• Robert Thomas Moorhead,Esq. December I,1999 Page 4 -• 18.3.Notwithstanding any other provIsion of this Declaration to the contrary,unless at least 67 percent of the first mortgagees (based upon one vote for each first mortgage owned), and67 percent orthe Owners orthe condominium units have given theIr prior wriuen approval,the Association shall not: 18.3.4.by act or omiSSion,abandon, partition,subdivide,encumber,sell,or transfer the COlllillon elements (the granting of easements for puhlic utilities or for other public purposes consistent with tJ~e intended use of common elements by the Project shall not be deemed a transfer within the meaning of this clause). Based upon our review of the above-referenced tenus and conditions set forth in the Declarations and Bylaws of the Association,and those terms and provisions set forth in the Colorado Condominium Ownership Act,we have advised the Board of Directors of the Association that they are vested with the power and the authority to act on behalf of all members of the Association as more particularly described in tht::Joint Resolution attached hereto.We believe that the Association,acting through its Board of Directors,has the authority to grant the easement in question if the Board obtains the approval of at least 67%of the first mortgagees (based upon one vote for each first mortgage owned)and 67%of the current owners of the condominium units.We have advised Ule Board of Directors.for their protection,to obtain the above-referenced authority in writing from such lllo11gagees and owners.However,upon receipt of the requisite number of approvals,we have also advised the Board of Directors that the Association has lhe power and the authority to enter into this transaction subject to the temlS and conditions set forth in the attached Joint Resolution.Simply put,the Board of Directors has the authority to grant the subject casement on behalf of the Association without obtaining the unanimous approval of all of the owners and all of the mortgagees.Further.I am not personally aware of anv condominium association in Colorado \....hieh would require.all owners of undivided interests in the common elements to approve and execute an easement across such common elements.This simply is not how most condominium associations are set up;and the Potato Patch Club is no di ffcrent. If you have any questions or comments concerning any of the matters discussed herein or any documentation enclosed herewith,please do not hesitate to give me a call at the direct dial number referenced above 00 the lelterhead.1 am hopeful that this correspondence adequately explains the position of the Association with respect to these issues.Should you -• Robert Thomas Moorhead,Esq. December I,1999 Page 5 -• require copies of the Association's Bylaws,Declaration or other governing documents,1 will be happy to provide them upon your request Sincerely, ~..iJ.Qff- R"ndall G.All for OnEN,JOHNSON,ROBINSON, NEFf &RAGONE11'I,P.e. RGA/gm 442871.1 Enclosure cc:Tom Gargan •--• JOINT RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS AND MEMBERS m"THE POTATO PATCH CLUB CONDOMINIUM ASSOCIATION,INC. WHEREAS,the Polato Patch Club Condominium Association,Inc.(hereinafter referred to as the "A~ociation')is curremly a parI),to ccnain litigation initiated by John A. Carnie and Joan T.Carnic (the "Carnies")requesting the condemnation of a certain easement over property owned by the Associ:uion in order to obtain access to a landlocked parcel of land located adjm;t:nt to Association property and currently owned by the Carnics (the "Carnic Property"). \VTIEREAS.the Association has been advised thnl tht:Carnies may desire to sell their property to MJL Development Inc.nlld/or Michael J.Lauterbach and/or their assigns or affiliates.(hereimlfter collectively referred to as the "'Potential Purchaser''). WHEREAS.initial discussions have taken place between authorized rcpresematives of the Association and the Potential Purchaser concerning the purchase of the Carnie Propcny and the possible grant of an access easement over Association peopeny by the Association Lo Potcntial Purchaser. WHEREAS,the Board of Directors of the Association have reached a gencral understanding with Potential Purchaser regarding the process by which Potential Purcbaser could obtain an access easement from the Association at 311 agreed upon location if Potential Purchaser actually obtains title to the Carnie Propen)'. WIIEREAS,if Potential Pun:hilser obtains approval of the Town of Vail (and aU other governmental entities wilh jurisdiction over the subjt:ct property)for Potential Purchaser's development plans and specifications (the "Plans and Specifications")with respect to the Carnie Property.the prospects of a transfer of title to the Carnie Property to the Potential Purchaser arc greatly increased. WHEREAS.in order to oblOin appcu\'tJI of the Plans and Specifications for thc developmenL of Lhe Carnie Property,PotenLial Purchaser has advised the Association !hill Potential Purchaser requires a letter of intenl from Iht:Association agreeing to grant to Potential Purchaser an easemcnt for ingress and egress over Association propeny Lo the Carnie Property at the location specified in the Plans and Specifications. WHEREAS,if Potential Purchaser is able to acquire the Carnie Property and obtain from the Association the easement for ingress and egress more particularly described herein,the litigation filed by the Camics with ~sPCCt thereto could be dismissed and the Association could be released from the obligation to defend such action. WH ER FAS.on June 4,1999 the Goard of Directors of the Association adopted a rC.:iolution (by a vote of six to two)recommending that the Goard of Directors bring to tht: owners and members of the Association at the annual mccling,a resolution authorizing the Association to pursue the matters lllort:particularly described herdn. ~,•--• NOW THEREFORE.BE IT RESOLVED AS FOLLOWS,in accordance with Section 18.3.4 of the Condominium Declaration for Potato Patch Condominiums: I.The Board of Directors of the Association is hereby authorized to grant an easement for ingress and egress to Potential Purchaser upon satisfaction of all of lhe terms and conditions therefor set forth in this Resolution. 2.The grant of the subject t:a5ement for ingress and egress (the "Easement") shall he subject to the satisfaction of each and every one of the following conditions by Potential Purchaser: (a)Acquisition of the Carnie Property by Potential Purchaser; (b)Final plat approval by the Town of Vail of the Plans and Spcci fications for development of the Carnic Property (the "Development"); (c)"The Development shall contain no more than five (5)single family residences and shall not exceed 3,500 square feet GRFA,developed and built in accordance with tlie site plan attached hereto; (d)A 30 foot setback from the Association's east property line shall be established in the Plans and Specifications and maintained by POIcntial Purchaser; (e)The Easement shall nol be more than 25 feet in 'width,and the turning radius of the Easement ,,\.ithin the Association property must be approved by the Town of Vail Fire Department and the Associalion Board of Directors; (t)The written evidence of the Easement must provide that all costs of surveying,complying with Town of Vail planning requirements,all construction (including road construction),landscaping and rounding of the entrance,as well as the restoration of any Association property which is altered or damaged during construction, shall be bome solely by Potential Purchaser; (g)Potential Purchaser shall.upon execution of the formal documentation of the Easement,pay to the Association the sum of $250,000,which shall be allocated by the Association as condemnation a\...ard damages as specified in Section 33.4 of the Condominium Declaration for Potato Patch Club Condominiums; (h)The written documentation of the Easement shall contain,or coincide with other documentation executed by the Association and Potential Purchaser, a full settlement of the Carnie litigation with prejudice; (i)The Easement shall not be gwmed unlil such time as Potemial Purchaser has obtained fcc title to the Carnie ProperlY; (j)Upon issuance of anu in conjunction with the execution of a leiter of intent to grallt the Easement to Potential Pun..:haser by thc Association.the Carnies must agree and stipulate to a reasonable continuance and v<lcation of the trial date and 2 \',.•--• abatement of all legal proceedings in the current condemnation litigation,pending completion of the Town of Vail planning process with respect to the Plans and Specifications of Potential Purchaser for the Development. FURTHER RESOLVED,that the Board of Directors of the Association is hereby authorized to issue a non-binding letter of intent to the Potential Purchaser specifying the parameters and limitations with respect to the Easement set forth above and any other limitations and/or conditions required by the Board of Directors or counsel for the Association for the possible grant of the Easement to Potential Purchaser.Such Icucr of intent must contain an acknowledgment by the Potential Purchaser that the issuance of tht::leiter of intent and the execution of the Easement shall in no way be construed to be an approval by the Association (or any of its m~mbers)of Ihe Development or th~Plans and Specifications,and that all members of the Association and the Association itself reserve ull rights to pm1icipatc in any Town of Vail planning process relating 10 the development of the Canlie Property.Potential Purchaser must further acknowledge that l:ertain members of the Association m:lY be opposed to the grant of the Easemem and may actively participate in sUl:h Town of Vail planning process. FURTHER RESOLVED,that within the limit:llions and parameters sel forth above,the Board of Directors of the Assodation shaH be and is hereby authorized,empowered and directed to negoliale,execute and,as necessary.record the above·described letter of intent and the final definitive wrinen Easement in conjunction with counsel for the Associalion,and to negotiate a final setllcment of the Camey litigation,....ith prejudicc,as of the result of the grant of the Easement. FURTHER RESOL YED,that the Board of Directors is and shall be authorized, empowered and directed to explore the possibility of crealing a sub-associalion with respect to the final approved development of the Carnie Prop~rt~for the purposes of: (a)sharing the cost of maintenance,repairs and snow removal for the Easement; (b)access to and approprinte cost sharing in the maintenance,repair and capital improvements to th~common elements of the Association,including the tennis courts,pool,spa and health club;and (c)to amend the Condominium Declaration for Palato Patch Club Condominiums to include the above-described provisions,subject to the approval of the owners and mongagees of units within the Association as required by such Declaration, \"';Ih such other tt:nns and conditions containe-d therein as may bc required by the Doard of Directors and counsel for the Association as appropriate . •IJ'~I ~G"'LT oar_")'t:'l~\t •--• The undersigned,as President of the Association,hereby certifies that the Resolutions contained herein were duly adopted and approved by the Board of Directors and the members of the Association at the annual meeting of the Association conducted on July 2,1999 and the subsequent Board of Directors meeting held immediately thereafter. Th~Mt~r1;'~ Association Approved and accepted this S day of A ....a rbach 4 •••01/13/2000 06:38 FAl •-•lillo, C/o Va11 Home Rentals,Inc. 143 WI Mcadow Drive,SUite 397 VaJi.Colofado 81657 303-476-2221 FAX 476-2684 MlNlITES »OTATO PATCH CLUB CONDOMINIUM ASSOCIATION BOARD OF DIR£CTORS MEETING D'ECEMBER 16.,1999 AT lOAM MOUNTAIN TIMF.. P~=tl:""U"C Cwy Swig,Hc:nn=SliWet,Ttml Gvr;aa,}Job Seidelman,Paul Hot(Charlie C~ft,Kevin BW"k('.Oa\"id Kwok,Randy All.AuociationAllumcy and 1.my Sames from Vall Home Rmtals. l.an)'Sames certifM:d thai the aotit:e ofthe meetin&had been sem according to the BylaYr'5. Alier a diselJUiOn orllle current Town of VIIi I d~gn n:villW proceedings,Kevin Duri;e made III motion 10 ratify '''C'aCtions of the Presidolt.Tum Gargan.in $ubl:nitting.on behALf of Uk:A5.~ociation,an AppliCluion for Desig.o.Review Approvnl daled 10111199,a copy of~ch w:u included in the direl;tors'meaiDg notice. .'\flu fw1het h~n~y discussion,Bob Seidelman 51eC~the motion.The mtW.ian C11'Iied witb.Paul HolT opporing and all otbcr direaon prtsenl voting to approve. A motion Yr.L~DIad.:bY'K..-vin Burke to appt'OYc t..IK:map ~to the above·refermced Applicauoo for OcsifJl Revi\."l'Approval wimoul the erroneous ~~right ofway"dui.8WItion.The mOlion wa;;duly seconded and ~Paul.HoffabslJlined,and all oftb::ok directors presCDl YOltd (0 approve. i\fter diSCliliion of litle issues,Hermann Sumrer made l!l motion tD ordce from Lsnd Tille,lilj~lion !!uaranu•.-cs on the Potato Palch Club in the amount ofSSOO,OOO,Randy All quoted the approx1llale priu:as ~1.3S0 plus $1S.00 ptt wul plus S7S.00 per hoW"fur rou~h1y five hours oIn:.seareh.The moriol1 w3S s«umlcd and c;:uried unanimously. During lhe various discussions Paul Hoffquestion«!whether the e~CDJ iodudcd utiliul!:S aOO OIher hems.EVl'T)"Of1C agreed ttlalthis issue should be c;1arlfietl. .-•• LAw OI"F'C.e:S DUNN.ABPLANALP &MAURIELLO.P.C. - W£STSTA"BANK BUILDING I 08 SOUTH FRONTAGE RO"o We:ST,SUIT&:300 VA.I!..,COLORAOO a 1657 EXHIBITS IN SUPPORT OF APPEAL OF DOME INVESTMENT GROUP & GEORGE AND ELISABETH IRELAND 18 JANUARY 2000 .'•• DISTRlCT COURT.COL"NTY OF EAGLE.STATE OF COLORADO Case No.98-CY-276,Di\ision H SUM:>lONS £l'C01\lJE~1?'Ano:; JOHN A CAR.'IIE and JOA.N T.CARNIE. Petitioners-P laintiffs, v. POTATO PATCH Cll'S CONDOMll'<1UM ASSOCl'"TIO:;.ll'C. a Colorado nonprofit corporation; 1.P.HOLL""''m FAMILY.L.P..a Texas LirniIed Pannership; RLS HOLDNG COMPANY,a General Pannership; KEVIN H.BURKE;lINDA W.BURKE; RONALD EL.ENBfu-\S; EVE:<P.JOHANSEN;K.t>,ZUKO M JOHANSEN;CHASE MANHATTAN BAl'-1<USA N."'" flkJa CHEMICAL BA.'IK,:;.A; JOB:<GUINNESS;CHRISTIANE GUll\'NESS;CHASE '-1.""'-1iATTAN MORTGAGE CORPORATION; HOR..'ffiY LTO.,a Cayman Islands Corporation; JOHN Z.KlMBERLN.JR.;CHARLOTTE P.KIMBERLIN;FLEET ~lORTGAGE CORP.lik/a FLEET REAL EST ATE ~l)ll'G CORP.,a South Carolina Corporation DOUGLAS N.MORTON; MWEL.INE K.STER.'l:THE Hl.;N,INGTON MORTGAGE COMP."--'lY,an Ohio Corporation: DOME INVESTMEl\,GROul',a Wyoming Limited Pannership; 529 #12 LID.,a Te.xas Limited Partnership; DA \lID H.PAUL;COU!-<IR YWlDE HOME LOANS,INC;IR \lIN PAlJ1.; PATRlCL",A RlCK.'vIA.N; HER."IANN STAUFER; ELISABETH W.IRELA.ND;GEORGE R.IRF.LA.'iD; VAlL CONDOMlN1UM PARTh'ERS,an Oklahoma General Pannership;BAI-.1<IV OKLAHOM-\, N.A; JOHN H.GLENN;""'''1'A C.GLE-iN; THE FENTON FA\llLY 1994 TRUST;CH."'SE MAI-.'HATTA..'1 PERSONAL FINANCL-\!. SERVICES,A DIV1SION OF CH."'SE M-\I-.'HATTAN MORTGAGE CORPOR.ATION.a Delaware Corporation: DON E.ACKER.\l.o\."I; ROBERT SEIDEL\iA'I;PHYLLIS SEIDELMAN;CH.'\SE M-\I-.'HATTAN MORTGAGE CORP. flkJa AMERlCAN RESIDENTL>.L MORTGAGE CORPOR.UION.a California Corporation; DAVID MAZER;HARRlET MAZER; Exhibit 1 ----e>-------,e------ MARIE J.EL WARD; JANET KRISSEL; TIJOMAS c.FRIES;ANN E.FRIES,GREAT WESTERN BANK,a Federal Savings Bank;CP COMP AhTY,a Colorado Corporation; DA YMER CORPORATION,N.V.,a Netherlands lvuilles Corporation; PAMELA PLACE KROOS; LUIS G.AGUILAR;CmCORP MORTGAGE,INC.f7k/a CmCORP HOMEOWNERS,INC.; PEPl GRAMSHA.\{I.!ER;SHEIK."-GR."-MSH.'c\{l.fER; THE SCOTT FAMJLY PARTNERSHIP; THE FLAHERTY TRUST;MER.RliL LYNCH CREDIT CORPORATION,a Delaware Corporation; SANDRA CRAFT;CH.-\R.LES R.CRAFT; JAMES A.BELTZ;1.ANNE BELTZ;NOR WesT MORTGAGE,INC.,a Minnesota Corpo",;on; SAMUEL B.GUR.EN;NANCY G=; NANCY C.ROWAN; mOMAS 1.GARGAN;COLOR.WO BUSINESS BANK,N.A; DAVID C.K.KWOK,TRUSTEE,OR HlS SUCCESSOR TRUSTEE,UNDER THE DAVID CW. KWOK QUALIFIED PER.SONAL RESIDENCE TRUST;LILY K.KWOK,TRUSTEE,OR HER SUCCESSOR TRUSTEE,UNDER THE LILY K.KWOK QUALIF1ED PERSONAL RESIDENCE TRUST; GEORGIA BAKER;COMMUNITY BANK; KEITH S.MEREDITH and KlMBERL Y MEREDITH,as joint tenants; JAMES M.mZGIBBONS;JANET B.FITZGIBBONS;BOSTON SAFE DEPOSIT AND TRUST COMP.A,..l\lY,a Massachusens Corporation; GASmOF GR."-MSHA.MMER,INC.; VAIL ASSOCL"-TES,INC.,a Colorado Corporation; HOLYCROSS ELECTRIC ASSOCIATION,INC.; K~SHEAFFER as Public Trustee of the County of Eagle;and ANYAND ALL Ul\'1CNOWN PERSONS WHO M-\Y CLAIM AN INTEREST IN THE SUBJECT MATTER OF THlS ACTION, Respondents-Defendants. THE PEOPLE OF THE STATE OF COLOR.-\DO; To the above-named Respondents: You are hereby iniormed that this is a speciaJ stannory pr~ding brought pursuant to C.RS. §38·1-101,et seq.,as amended.Tnis Summons is being issued pursuant to c.R.S.§38-1-103.Any objections concerning the legal sufficiency of the Petition in Condemnation or the regulariry of this proc.."eding must be rajs<d by you as provided by C.R.S.§§38-1-103,-109. 2 •• EXHIBIT 2 IS COMPRISED OF PHOTOGRAPHS •• f~;:..f3.VlLOI/./1 ?r;:;U11 r t.P//i I-I{/- zo-u. IS-Il LV'hE• 2.-7/'-1(,/6 It,II( IOJ,Jt J I SI/C.~/.Z"'/6.'/3 ~J .R<-i/()EIIII;~c.i!,t.t/,rti/Z.. (,;(r4 3%/J"'"_ )r'!.~!I -r 8brl IN/r-*f Icjlf>lt-------r .9..17 f 0r{rrtPl to/It'; -iI',,_"0 fr l-L 1/3/So ~ ..~ Exhibit 3 •• 7/83 Potato Patch Club letter of 6/82 stated:allowed 42 units +1 manager apt +clubhouse units 1-14 un;t 1 deck. unit 9 deck =29.306 140 277 Units 15-17 10.885 Units 18-19 4.110 Units 20-26 16.175 Phase IV 36.890 97.783 8.316 106.099 Allowed:113.583 106.099 •-• 7.484 4/84 &25 added 153 sq ft expansion of bedroom,Slifer unit,Kristan Pritz approved 8/86 #25 requested to add 65 sq ft "I /<;"f -..c (1.Pt) LV '.,.."(,......CfJ.rf'I-"f ~.'\I I \- 1 /0 I') <:/ .,In n .jL::'1~11'\'-------- •• Potato Patch Club Impermeable Area Calculations (using approximate acreage for the public roads) A.Based upon site area of PPC historically used by TOV of 454,330 square feet: 1.Including Red Sandstone Road and Potato Patch Drive within the calculation of the total area and counting them as impermeable area (calculated in accordance with the Code): Calculated impermeable area (developer)187,041 Public road impermeable area (Red Sandstone) 22 ft x 340 ft =c.7,480 Public road impermeable area (Potato Patch Dr) 25 ft X 240 ftJ2=c.3,000 Total actual impermeable area 197,521 Divided by total PPC area (per TOV historic record)454,330 equals 43.4 7%,which is in excess of the 40%allowed 2.Permitted impermeable area·454,330 x 0040 = Excessive impermeable area 181,732 square feet 15,789 square feet 3.Including the asphalt of Red Sandstone Road and Potato Patch Drive within the calculation of the total site area but excluding them as impermeable area (the Town's method of calculation -without any known basis in the Code): 4. Calculated impermeable area Divided by total PPC area (per TOY) equals Pennitted impermeable area -454,330 x 0040 = Excessive impenneable area Exhibit 4A Part 1 187,041 454,330 41.17%,which is in excess of the 40%allowed 181,732 square feet 5,309 square feet •• Potato Patch Club Impermeable Area Calculations (using approximate acreage for the public roads) B.Based upon current interpretation of 480,230 square feet: 1.Including Red Sandstone Road and Potato Patch Drive within the calculation of the total area and counting them as impermeable area (calculated in accordance with the Code): 2. Calculated impermeable area (developer) Public road impermeable area (Red Sandstone) 22ftx340ft= Public road impermeable area (Potato Patch Dr) 25 ft x 240 ft/2 = Total actual impenneable area Divided by total PPC area (per TOVj equals Pennitted impermeable area·480,230 x 0040 = Excessive impermeable area Exhibit 4A Part 2 187,041 c.7,480 c.3,000 197,521 480,230 41.13%,which is in excess of the 40%allowed 192,092 square feet 5,429 square feet •• EXHIBIT 4B IS TOO LARGE FOR INCLUSION IN INDMDUAL PACKETS I ••Town of Vail Developmcnf Srandard<;Handhook I I I I I ! I Dwelling,i'vlultiple-F:Jmily: A building containing three (3)or more dwelling units,including townhouses.rowhouses, apartments,and condominium units:designed for or used by three (3)or more families,each living as an independenl housekeeping uni!. Dwelling,Single-Family: A detached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. Dwelling,Two-Family: A detached building containing tWO (2)dwelling units.designed for or used as a dwelling exclusively by nvo (2)families,each living as an independent housekeeping unit Dwelling Unit: Any room or group of rooms in a single-family,two-family or multiple-family building with kitchen facilities;designed for or used by one family as an independent housekeeping unit.A dwelling unit in a multiple-family building may include one anached accommodation unit no larger [han one-third eh)of the total floor area of the dwelling. EHU: An Employee Housing Unit as defined in Title 12,Zoning Regulations of the Town of Vail Code.For the purpose of driveway,parking,and access standards,an EHU shall be considered a dweiling unit. Entry Angle: The angle created at the intersection of the centerline of the public roadway and the centerline of the first 30'of feeder road or driveway. Exposed Face: The area of a wall exposed from the finished grade line to the top of the wall.The cumulative exposed bench face of combination walls. Feeder Road: A paved all-weather road or drive\vay on private propeny \I...hich accesses 4 or more dwelling units (including EHUs).Driveways to individual dwelling units generallyconnect to the feeder road. Fire Code: The Unifonn Fire Code,as published by the Inlernational Fire Code Institute,5360 Workman Mill Road,Whittier,CA.90601-2298. Frontage: The pan ion of a lot which fronts on a public or private street. Landscape Area: The area of a site not covered by buildings.driveways,and covered walJrn'ays.Core 6 Exhibi t, Exhibit 5 Critical Root Zone: Area critical 10 existing vegetation to ensure its exi;':lcncc. Densil}: The number of dwelling units allov.:ed per lOt or the number of dwelling units allowed per acre. , I I •• I •• • TOll'1l or f;ail Deve/npII/elll SIQ1Jdard~Handbook • DemofRebuild: The destruction,demolition,or removal of fifty p~rccnt (50%)or more of the gross residential floor area of an existing dwelling unit or structure.The determination of the fifty percent (50%) shall be calculated upon "gross residential floor area"as defined in Title 11,Zoning Regulations. Deck Selback (not ground level): A line or location within a lor or site which establishes the penni ned location of an above grade (greater thao 5'above grade)deck or balcony on a lot. Cross-OYer (Swilch-back Or 90"Turn): The area on 2 dJivcway where lhc turning angle of Ihc centerline of thc driveway curVature is 90"or grealcr. Deck Setback (ground level): A line or location \\'ilhin a Jot or site which establishes the permirtcd location of an at-grade (within 5'of grade)deck or patio on a 101. Curb-Cut: The location where a driveway,parking area,or feeder road connects to a public strCCI or feeder road. Cross·Ovef A is Ie: The drive ai~Je where a 90 0 0r greater rum is required by a \'chicle 10 change drive aisles. Disturbed Area: Any area where grading takes place. Design Review Board (DRB): Toe body responsible for reviewing de\'elopr:lem proposals in the Town of Vail.The DRB focuses on e\'2.lu2.ting projects based on the Town Code.!\1aster Plans,and the Design Stand2.rds as set fonh in the Towo Code,including architectural design,siTe planning,landscaping.site disrurbance,etc.,and as established pursuant 10 Title 3,Cha;1ter 4,Boards and Commissions. Driveway: A paved all·weather driving surjaee on pri\'ate properry which pro\'ides access 10 3 or fewer dwelling units (including EHUs).Drivev,'ays generally pro\'ide access 10 indi\'idual dwelling units. Driveway Pan: A concrete drainage strucrure which conveys water;located where a driveway or feeder road Connects with the public Street. ResideDlial Access i!nd Pi:lrking St:mdiJrds I I T,ble 1: ••Tmm of Vail Development SIQndards Handbook I J I I I I I I I I I I f I I I Single-(amily,T\\o·r~mily, Prim3ry/Sccondary ,\Iulciplc F:lm[]~'1\Iultiplc Family SI:lnd:lrd ·a«~SIIO nOlrroore Ilun J dwdhn~\lnllS ·)~UlllO ~ICl II ~,,,,Ihns UlllU ·HCUI II)roo,e th3n II dwcllin~11'\1\1 (lntll'dl"S EHL:11 .{.:.xlCf '(l3d only ·fcede'r03(!only '111'\lc~rcl ~nd.1I poruons l~ercof Wllhin I~O'(rom c~(..,n!lIfee!!UVCmCnl Curb Curs ClI,b CUU ~nuJllrd II pel Wul pcr \lr.n 12 pt:p~ccl ~ln'mUJTl neeelU/)'iar ~C"U1C Hun {nullJbtrl :"~:mllm :>:2 curb elliS 1""101 P.arkin:Rcquirl'ml'nrs .\Iln..IIflrllonl31 24''SfA SlA dunnCf ~r..rrll :In:c dOll"IpJnUrl 10 111*4110 cd:'or pllbUe ltTUI pl"emUII ,\Un.hor1Znnl~J ,-,-,- dunne,bt'''rfn requJnd p••L:lnl:sp.ce ond cd:::r IIf pu bUe SI ...r nr Itedcr rOld.• .'IIn..hOr1Z011131 1'/A 2'!rom OOStnKlIOnJ 5'h'omoouruellons dunn.r rrnlll fndtr S'l!nmbuildin!s 10'from buildilltJ ro,d 10 S1T1(lurn lobSlru.ColIS (t.:.. :urclr.llls.,lrtts. "~I.IIln:..~Us.rlL) (Dt~lI11l 'arl,jn:Jp,.t Jlu IV l 19'Jll::J~~Sec T;abk~,5.;;(T;abk~,COrnzron'Cl:a!I)l;!I,!liplc. 9',115'clldcWl!l COmmrn"i:aiF.\.lulliplc·f 3dly F:amily PJrklns lOI St.:an,!,uds hrl<.lu lOI S~Il~l1h SI;bl d1sun<t u13n;lt for"-J:<l.\olo'·c:ncll:IU'pctprOGl<IlIJl x 10'pr:'pcIlIl<ub,X :SO'b.let':ll 10'prrpCfll:lCllbr":~'ble~1 \Jll'l~l (~uIl3)J5CI'IJI~:7;1 (sln.I .0mpILJn.e nuy not be cornphJncr nuy .1101 bt rrqulrrC 011 Slle1 B,~k,,-:n1.\loYrmenl:IS'peJ'pftldl<rubr n:qlllfed on lile,nOl1:,le 10 1101 ~Ic 10 phYSk111y eOf:lllYl "J~O'!1Ie~JI physieJllyeonvlYl (l:IKI compliJnec =y .1101 bc ~q\lircd on JIlU .1101 Jbk 10 ~hv,ic111"rOffiO!\" B1(l>-u \llir urn·Uulln d I:!'",ok 81(;:'-0\111.1110 nihl.o[·\\"J>·113<;"-01111.1110 1'l~hl-o['W1)'proMlllcd uu :!O'ccnlcrhnc r:ldiIlS prohlbllrd (Dtull 7)DcJiplcd [or:pDlnllllrn or less .C31 IIlm'3rollnd ua: Tllm.nound ;I~1;I:?'",dr itrqlll~wh:o.:!:?'wI':r 2lT ernled;/lc ndlUl •<;rOIJ-o'·""2~lc iJ Iraler lb11l I :<!'::0're'll~h/le r:1.!IIlS Dcli~cd [or:p(lInl Nrn or less _en1.':"3~1c:s IcUlt.:ln 70":DcSlped for 3 pOl .II:n:rn or lea Tn:d:1C,"TI·,round ,,'a: _,I.ecumS 1 c11IcClot.1:1':''111,or Sh11l be deSlsned so It\lekl e-'.il me ~m;:>erc,,,J l!reel;or rOl'\\'ud 1S .,IclCnnincd ~1,":I(fie e0l'"wef •bad,ol:11i,nl t:'l1r.,lc :'Cqll'ICJ'n=:llll .1101 baled on 111"1 lI~poll:d . ~, DO'·t":1 P~/I ~'..,de conc;c:c p1/1 ~l edfe of'''11.11111 fOt ~''',de :~r.c,·~~~P~'l 1:or.Js:e of ~~..,de (OIlCNle pJII11 o:1J~e o[~spil1ll (Dnln12rl the full II,>!:II en""..':\y p1Yem~n:~lpbh 101'lhe filII ",CltI dn ...."'1)'for l!le fi:1I ",dltll!",c\\":~'~wmornl (Ot-I~II 11 Indwmt I~Nrnl fl1"ormel\l tn~III~,nc rC:\Jrr.$ind~dinl:rell1tnS Other Requirements: \'ehicu 1.::1 r :\[,~n eu vcra b jJj I'y Parking required for each dwelling unit must be independently accessible (i.e"required parking for one unit cannot block access for parking for another unit on-site). I 12 Exhibit 5 >- / i5 South Fronrage Road Vail,Colorado 81657 970-479·2100 F.J_{970-479·2157 A:.tgust 5,1999 l\1ic~ae!J.Lal,;terb~ch PO Box 3.151 Y,i1,CO 81658 •~"'=" WORLD ~-""P'Wf SCI-".."'<I.!l.·lU....UCtltc-COloa"oo·u ••- RE:Subdivision applic:ltiot!3.:ld development plan for the "C:"""!lil:'P:lIcel"'!oCJ,tea 10 the weSt of l1le PO!..1ro Pa[c~Club Dear Mic~:lel: The (onLJJuniiy Deve!opme:1t Dep,lIl.r:le:lt has completed a review of your proposed project d:l.!ed 7121199.Give::!tJe changes proposed (0 me planing method,it l:::as be:n de:e:mioed rbJt the ?l~t is si.":1ply a development similar to a condo ffiap of a project and C:l.:I be approved by sUlff. Toe deve!opoc:lt plan will be required to be approved by the Desig:t Rev:ew 30a:d bdore :l;>prov:l.I of me 1'1011.Following approv::.!artbe development plan,and recording afroe !lec:s~"Y e::.se;ne';'lt5 through rhe ?ot.:lto Parch Club deveJopme:n,suff will be abie to re:ord the proposed pl.:lt Listed below :::tri:issues wit:.1 respect to the plat as wen as the development pl.::m L1J[need to be adc.ressed.. 1. J ., '. A fee of S 100.00 is :-equired :orchis revised applic.:ltion and 5200.00 for [hc ORB :l.pplic~tjon.Ple1se provide this fe~~d il completed ORB .:lppiicacion. T;,e pial tid~nee':s to be ESied n.s a tin:l1 pbt.instc:ld of ?r~!i..i7li~~/. Plc:.!sc indic.:ltc [~.;ilc.:r~:lgc in \bc.:dcdic.::nion c:::-tific.::ltc ;l:ld r~:TIi.;Ye the Town COl.:nc.:i1 :lnll ?£C (~:1iiic:l.{~s from th~pbt..-l..ddilion~i!.Y.rc\'i~·.\'~h~dl'l.iir.:::.r!L'i'1 bngt:Jg;;:.md rc:n0\:': a:1:-'h!..:g'Jagc d.:di"::Hing.··roJl.h··to th~puJli..:. Ple:l5C add a OOie IO the p1:lt suring thut the 3 tr.lCiS cre:m:d by :~is plat .'bail be cooside:-c:d one p~ceI for zocing purposes. Ple:!.Se provide J.PW?ose St:l.ter::J.ent OD tbe pbt. Poge \of 3 ~""_""'.....r~ Exhibit < •••..-e I 6.Tnis deveJopmer.[must provide :ldequJte::l1'CJ for a fire rruck turnaround.Please revise lbe plJD to show tbis rum <!.IDund are:!.. 7.PlcJse bciic:uc locJrions of proposed iire hyCrJoIHS for the developme:Jt . 8.P1ease provide.11 pbn.sing phn for the proposed developme:n indic:niog WJ:1.t i.r;:prove;nents will be cor.sL.-ucIed i;t which phases.including landscaping,access,etc.A fire n:Iil:ltound \\rill be required for:!.11 P0:lSCS and a bood:TILlY be required [0 :nsure comple:ion of the :O<lC.WOlY irnp:ove:nems in fun.::e pOJscs . . 9.PleJse ?fovide a !ilDQScJ.pe plan for tJe e:lcre development. 10.Ple:lse pI:!.c:a Dote OD the development plan mat e.Jcn dwe!ling unit will be required to be reviewed by t~e DRS [0 inciude all ele:ne:::ns such ::L.S final g..radiog and landsc:lping. 11.The proposed landscJpe areJ for the site does Dot meet the minimum required by the code. Tne code requires a rr-.inimum of 60%of6e site without s;:rucrures or paving.Your pl:L"} provides 35,353 sq.ft.of landscape area and the code re4uires 35,700 sq.ft. 12.Please iiJdicate all trees to re:n:l.iD on-site ilDd those to be re:noved. 13.Please cote tballbe code requires at least ODe enclosed parking space for each dwelling. Additionally,it appears that 3 p:l.r:ki:lg spaces will be required for each unit.You may want to indicate 00 the development plan W:lt each unit will contain a 2 car garage in order to 2ccommodilte tbe required parking. 14..A"n engineers stamp is required witb.!his submi~1 for all re:ainiDg walls in excess of 4'i:J: beigbt.Additionally,please indic:ne We proposed retaining wall nmterials.For CODcrete walls,I recomr.le:Jd that these w::!.l1s have a rock ve:1eer on all exposed surfaces. 15.AU st...ucrures oD-site must maint:li:1 at le:!.S1 a 15'setback from tbe property lines. Additioo:!.lly,[here oeecs to be at 1e~a 5'se~back from::Lny strucrure or obst.i'uction to the edge of the main driveway,Please show dinensicns on the pla:1 ofatlstrJ,crures to tte edg~of the D:l.in drive'l".'ay and to property lines. 16.Requiied parking sp~ces need to be i:1dit::Hed on tbe d::velopC!1~:lt plan.All pa.rking sjl:lces i'nt,.:.st bt:sttb:.lck.1t le:lSt 5'from (hI.!cdg~of the propo.s~d milin cri..-eway (s~e Building 2). P!t::1SC tiim::nsion illJ parking 'pJCCS {)O th~ololn :lnd the disi:lnt::.:to th~~dgt.:of the main <iivcway. 17.'Nne:l the main drivew:ly has passed beyond 1 dwelling uniis :lnd is then only :lc:essing 3 or less dwelling units.the driveway can be reduced to 12'in width (or 15'on :J.curve). Tois IJ1:ly help you achieve L~e mininurn l::ndsc:lp~are::!.requirement J S.You may also want to consider moving tbe access to unit 3 and take access directly from P:lge2of3 •••,-.. [he r:1aio c.r;ve and rhe:efore recuce the impacts of Ll)e proposed driveway on the neighboring prope::y and the existing crees.Tnis may also belp you achieve the minimum lands::J?e :l.re requ:remeJl 19.PJe:!..Sc provide J :.:ompiete set of dr;liD:l.ge caiculJrions for the development,prep:lfed by a P.E. :0.All ~c::ess requires a ~O'ce::Jte:-line racius from 6e back or frODt of a C:l.f (6'x 19')for ma.neuve;ing.T!le access/parking for Buildings #3 and 5 does DOt work a.,d needs iO be redesigned. :21. ?_J. All couleer re':.Jini::lg walls !led to be bid back at 1:1 u:Jless s~pd by a P.E.fOf J s,ee;ler slope. Tee ce:Jle:line of 6e of the ac:::ess road at t.1e 14'wice sec:ioD should be in the [!lidd.le of the asphalt.Ple2Se modify the plan ac::ordiDgly. No grading 00 me site shall exced il r:ltio of 2:1.It appears that at the teru:llous of re:aining walls and De~the prope:ry liDes,this is exceeded.. 24.The driveways to Buildings 1 and 2 need to properly drain.Pie~se provide for d.r.Unage on these driveways. ?•-,. 26. It appem that it might be bener to provide a low point in the access drive wbere it CUIVes <l.["2+00"nther d:a.u mking dr.linage back to POt~ltO Patc~Drive. Ple~e modify the <lccess through the POt.:l,tO ?atch Club so that 24'wide asphalt is provided on curves and 22'is provided on srraigbt sections.Additionally,the parking areas illong this ~c::ess should be at least 19'deep. 1:1:set of plans subminec for review dated 813;99 have not bee:J reviewed.Please resubmit 3 se~of pbns witil illl of these revisions.If you bse questio~s of a technical/engineering DOlnlTe ple~e contact Greg Hall,Public Works Director at 479-2160. If \'ou bave anv Questions.~lea5e c:!lJ me at 479-2 J ..:tS..... ':.-.....r·I·.._.........\:v;~,.....--..'1 \.-.'r -.-:-;-;-,:.'<-.b'I..'".....}I~.,"L ...IA~.,'~"-'-:.c:::~v '- DoClinic F.Mauriello.Ale? Cnief of Placning C:Greg Hall,Public \,,"orks Director Page 3 of 3 •• EXHIBIT 7 IS TOO LARGE FOR INCLUSION IN INDMDUAL PACKETS •• .....i::!-.:~le a?~'~r sholl tOIJ::':~'.': t.)gt-l!Jtol· clC:;:'oC':1:~, ~6:1~or Decl.!f.:ltion i:'l .~ny 0.::'/:iu??le~:"It.o;''':''In arne:1dmt?:1t;s s;)ecifi~reference therato. 51.ilCC I.:n~:., :'!"l~cc·;~r.;c;~, ..:~::. ;"."]...:.:::'~.'·~·i~::·')u:: -.(,I'(.~''=-1'(:-,C-:';.0 thl?: :.."~.;-,.',:,~(:::0 i:1cl.l,je ::,h~~:'::"':-,'.'1"stall ~,....."l the undivided ar,pUl·tcn<l:'l~;,~c '..i':':.~-:"l .:'Ir.:,.:'1-':'....adc:':io:'l$0:!?f::"Iec)!~;,";.ij::li~('d :;-:::.:'::....:.~:'..,~ao;SC'-:'~or':h i:1 ::x~JiLi ~~D."~'5 ·l:''JjlFh~- "'.';,;'."i'il':'~.::-':",,~,;'2.J. ..t·_·:~.•~·:'·;;,~:"l:":;:~:".,t ~~y =::1('ld an1 0\0':"1'20 i:1 3nj':'("i'!)::rO::l- ~,~~~~;:~J~::io:"ls~!r re~ogni2~d und@:tllC laws of the '-':"!'~~""S.,;::j'2'C~.tv t/l('pn..vislonlllo cf thi~O(.·chr,,:.ior., .;':"<":~.:•.~!=-:,all ~c frE:~l'J alicnilblc.No':....t:;~s:a:ldi:"l.: ','.'.:::(,5~~dr;g o.ot!:·e.forr:.u:'interval o'-'n~rs!':':i') :....~,,.'.~~;~!~.",c'~:"I,io;.;ir,iur.;uni:~.~i>::r'.it:,.)'1':·'~ '~'"""~0f ~~i~ss c~0 ~:'llil ~hc prtcr w;'i:t~~~~:r~~- -:1'l~'''::'::~::''.''~:':"'):!l ..:1 dr -:.:-.c C....:1'?rs.~nc.il.ll of t!,,~mOl'~- :':0 af'~~:~~c0~~o~in;~~~:'lit its~l~~nd ilt ;ea~=67 ,,!i ;.':-:':'C'C·..·:':':'r!;;a:.c f,i y'?:'clI!nt of -:.hc:o fj:-sl :r.('.ln;3.g,::('o; 1-~::l<;:)'.'c:,;,r~:i'J:-..5'';c~~ction s~,all not "ffcc:an': -:..,;'(;,,: '.'.''.:':: ....,: ., ..'.-::;:,.~..;:"I:';~t'I!S: l.;. .:-..:~... ..:;,'.' r.,.'.:\'~:'Y .:'(,::~~<=C~:or t.))c ~.:d('of ~condon.inium u:lit '..·:I:'~.·"":",:I;':":.:t :~jl..'~lli::..'j ~O~rcr.::ol"(l o~..he rlJpS or Dc:-lar"t.i')rJ ,..::'"::,..'.,~,·,:.·l·i::·,_.1 co:".donini!J::-uni::~y it.s iccntl~yi:"lg u:"li:. ,~,,·:"l.':·.:,~:,:~.~··..i;;*'>~··.·.:t.y '.~'.~na::lC:"Fo:-.ut.o i'iltch Club Condorr,iniu:::s." ":1<-;',:.•~,,::;."1 '::..,.:1 C,'):-;i!o"j,)iui.l U!'\l':.cesct"ibed 'in ~:<l1ibit "D," <!'"~:"':';.:-/:".:r.,~.l:,r·j1:..-:;....:~c...·st:ri~cd ir.£)(~,ibi::."3,"as sur-Plc- :-..-:"l:''.:,~.I:,:l,~~·:-,~'"r :-!".C'Xc'l:'s SU~l'C'~lJcn':.ly fileci CC'r reccrcL .~.:::':(·l.e"':'::.:'",~;::..G':c-d,l"!asc.de-co of trt,.;~:..~ort- •••'.~"_CI'.:",L'::."':!i:;'"LlT:lI,?:"l'::rr<!~'ler;<Jlly de!:cribl!<l cO:"ldo::'li:'lium ':',.::-j....::.:"y::-:.;1.::-.1:.des:'')na:.ion f·~llo....ed ~y "?o::ato ~oJ::ch =-~\:"·:O~"~"':;'I~I:u=-.~..:ac·.:.i:-::ing :'0 the filed and recorded Maps and :1':=;r:':':'·.1('·'.~£;.(.~.:..'3.c;.desc:-i~·tion ~haII be good and su((!ci'!:"It :::.;,.:~i;::i.·~"~<::~,s,,;j,CCI\\·~·J.transfer,enC~lf;'lber,Ct'ot:,":".ds~ Ol:':':~'::1'.,'.::,,:.::,'::~:C'~:-.::.b:J':.a~so th'!gc:neral COr.lr.lon eI(!::.::·;,;':.!'':'Ilci :~:....::=.::.,:!C·~~I;:J~}:-.~l':!~.~;):s i!.??~~·::ena:'!t thereto.Eact~si..:ch d~!:oc:,ip ::r.·:!"':':'::::."'O:'l'~::''JCc to include a r.or:exclu5iv,!easct:':cnt (0:' :-:::,.•.~-(::::·c""!"ll:"O...·:'l':'r's unit,us'!of the ~~ncr,)l ...:ornmon ..:-:••.,'.l':;:.;~.":J:::r;:~:.;:::e~'!o li;:li::'!d co~;::on '<?I~;;l"r::::;set (Ottt:i:'l :'" '.'.: ...":'~ ~'::~.,. '.:.,,:i-.....:-::·;·::::·:-.::i:l:",;":.::::'';i:lLI7~'"';::0 t'hR7IT!O::,....,_...------ .' .;':.',,'~.'."' .,..;., ?=r=~..~' i'-(:r.,;,..:-,: <:!;••".:... • • cCl::'lprisc co~vcY"c, uni~. • one c-:;ndO:TIi :dur.'I unj:., l;;:~sc::l.de\liscd,0[" • slla)i ~c inseparable:"n,~1~..'l/tL' ~ncu~be~~d o~ll as a conJo~i~i.l~ 6.StrAP-ATE ASSES$:-1E:~:T AS~::SSOF:. M;(..TAXATIor~or CONOO.\;INlti.'1 UNIT -NOTICE TO Dec)arhnt shall give ~ri:t~n nu:.ice :0 the County ~$3e~~Or of t~e c~'?at i,,:'l o~condo;;'\iniu:ll real ?ro;:H~rty o ....nership int'lr'~s:s in thi~?roj~ct.liS is ?rovid~d lJy la'''',so tha:.each indiviri~i)l .lir spaCE:unit,tOCjcther ....ith the undivided inter~st in the'gene:-:,;' comr.lor:cle;ner.ts a?purt~nan::.ther~t.o,shall be dee:n'?~a r,2.rcel ..'In~ subj~ct to scparat.assess:ncnt and tax~tion.The ~ecreatiO:'lal facilities 5ha11 be o ....nec ~v t1'1-:!'.:;••~=iatic;-,c)nd bsses$ed all.!:,U':':; 3';Ass~ciation ~~al ?ro?cr~y ~~ich is no~a common el~m~n~. 9.N01!PAaTITTOtUlBIl,Il'Y Of G£J'ER;..l,CO~~O~J El,£~E!~7S. all o~ vidcd, o~tl1e Th~ge:"lccal common elements sh<lll be ololm::d in commO:1 by th~O·...necs o!~!1e ccndomin~u::l.u:"Iits and ~t':all rem.::i:'l <l:"ldi- and no OW:"Ier shall bring a~;actio~Eor ?ac~ition ~r ~ivisiQn ge:leral c?mmon elements. J O.EJ...SEio',ENTS FOR.EflCROhCH~~2NTS. If any ?Qrtion o~t:-'c cencral cornmon el/?::lC,lts cnc=,"oachl!~ upon Cln i:ldiv:cual air spac~'lnit'rH'units.or if any ponion ·)f a unl:'o!r•.:rc~~~,c:;;';?':III tilE"<Jeneral corn;:lon cle:nents or upo~an adjc:ir,- i:-::.:unit o~units.!1 v,)lid eilse:<l~nt fo~tl1e e:'lcroachmcnt and fOt"l!l'~ lI'.atntenance o~same.so long as it stands,sl1l!ll <lnd (loes C:<:~;L, Such encroacbr.lents alld e3Seme:lts s~all nct be considered or ct..t~r ::lino<:d to oor encumbrances eitl1cr 0"1 the gen~ral common el~mcnts or ");'1 the ~:ljts fOr Fur?cses of rnark~tability of titl~Or oth~r ?ur~cs~~, 11.T£R.y,r::;'TI0f~OF ,~:ECIIAN ;)LIErl ~JGHTS AND INDE:1NH·!CA'!';:O!'\. , SUOSI.?-1l~C'n:to t~~.:o;npl-e!"io:l c~tne i::J~i.·,,··...em.~nt~d~;('rib~,! O~t:l~~aps.:10 lao('t'iJ~r::ort:'l.?d '-:r :r,atl.?rial:;fur;.ished anc inc,~r::0 r~ted in a ~nl~~ft:;the cons~nt O~at the r~Guest of t!le u:li~ O.....llcr,his 3gents,his contractot'or subcontn:clC"r shall ::>e the basis for ~ilin;0:a lio:'n against tile gcno::ral common elemc:'lls or against the-u:1i,:of any other Ow~er ....~10 Old :;ot ex?ressly ,=onsan:tv or recue!::t the scrvil,;'!s or !:la::edals.Each Ownc:'shull indt..l:lni~v a:l~hole h.:\r:r.lc·ss eac!1 o~the oth-er (j.,,/Oer:;a;'lt!thp Associa~ion f:"o;r. and agains:all lia~ility arising [rom tl1e claim of any lien a~~1:'l5:: t~e uni::.of b~Y other o-'n~r or ?r~?crt:o~ned by t~e Assocj~:ion Qf i"qa b.!'t the ':;"':leral c,;,::,,_-::=.n.t:'lc::Jc~ls ~or constructic.n yer(ormo:·t!Ol' ~Ol'labc"r,ma::erials.scr';iccs.or "ther proc~ct's incoq:ot"']::'~d ii,~:'l -7- ·- !«lItCE 10 A"HQ.M£OWNE!lS • PLEASE TAI:E NOTICE of the followinl:-._of v.1licl1 eoao:m approval by !he _.......8IlI1 tim __of 11><10""Rcs>l .....odopIed by the lloanI of D1rtt1or5 &nc1 members of the Powto Pc:h Condominium ADx:iatioA.lac.coo:emiD.a W pIOposed _of 1IIc rond"lI11'lIliClll lltiJjlltian icltiaIca by 10m A.C3lIli&IIlld 10IlI T. Coali.(the "J"",,~luUOll""): 1.TIle lloanl of Di:=on bu ordett<l M<I is io J'O'OOS<Ioll of •UtipliOll G1w=,..i..ued by Land T1tI<au.r...n..C_lIU btMlf of Old Republic NlIli~nde I".......,.,ec"'l""'Y elIi!ctM lIDay 1,2000 lit 5:00 p.m.(!be "Effcdive !llIlc"l.~ to the Association,tbe identity oflbc owners ofll1l oftbc coo.iominium UDits '\llIIbidl COIbprtse W PotatO P'a&c.b Club Coodcarinium,s aDd all firs ro.artgageeS ofsudl.uni3 h ofme .Effective Oak. 2.The Lmprioo C}umonroe C5tlIblishcs UllIl ~or<:45 1llIit OW!lOlS and 17 fiI:It _sen _lIS of!be Effcdi....DlIJc. 3.As you are A~the Boerd.of DireC1Ol'S of me A.1sociatjor.have bun cin:uIlI>iDi cm:JilI Wriaen COCSClll'fm'rh<Grallt of El_T"l1lCSliDa fomW wri_ op""",a1 oftho loint lUooIurion by •minimum of 670/.of1l><llIli.ownm 8IlI16TY.of1llc 11m ~!ofUDits wUbin lhc~ 4.As oftbe Et6:ctivc DAte.'Cbe ~ion is mm:eiptofWrinen CODSCnIS _39 .\It .f the 45 -08 ueit owners (.",1lIl of 1t6.6%)lIOlI 14 Out of 17 of !be fustmo_.funits wi1l>in the Amciario.(.totlI1 of 12.3%). S.As gftbc EffCdive Date,1hC'Assoc:illiOD bu teeeivcd 'u1ficicmt sianarures tI1lllI .,...,.,.,8IlI1 first __to <OllSliture fonnal wriuIn _vol of the _-., Pl'ti<ullItIy c1coorihed in the Joint lldollllion. 6.M ofthe Elf<cti..l>ato,lh&:a""",ofIli=m...Cthe A:<sociariOll bcrcby dec:1aPs _the Join.Rl::oolUlioll has blI<ll opproved by tho roquDRte IIllIIlbot of UDi.........8IlI1 11m ~of the As"Odadno in ~with the u::ms Md ecmdjtious ~furth in the Doclarcions of!lle As."d.liOll t<quin:d ftlrthe flppn>vllllbo= 7.l1l<_of Di=loa of !he ASSOCiariDll lIOW _to p<OCUd 10 a.caotia:te:lind oeclJ(:e tint,.a.leua of~.8Dd ~ly ••1)iDtting easanenl ai1'eewcut in &al SCldcmtnt of~Cmtie litipticm.in ~with.those:limisatioQ!actS rcquiremems ~ _;"111<Joltlt R<soIUlion. 8.Copie5 of all of 1Ae ecnsems __available fIX"jn ....tion At the ofIic;e:,of . the mWJ~ng:agmc:of the A11"ci-riOlt. •• 9.R<prcseolllli=of 1be BoanI of Dire""'"will be ....dina cIllwn lhcir dfan:s to obL1iD ti.Jn.ber sigDaNreS and with 10 tbe:ok ea.th a11d every ODe af you (or yoar COopctatiOD in this matter. POTATO PATCH CUlll co,'lDOMINIUM ASSOClATION _1 IICooLt IBA~"'"2 W'O'SE '0 S66 1-I E:J-5 • • • • • • • • •• Design Review Action Form TOWN OF VAIL Project Name:Potato Patch Club Project Number:,.;.,~J"~'l-0,,,To Condominiums Project Description:Additional pavement and landscaping on access drive Owner,Address,and Phone:Potato Patch Club Condominium Association,Inc. 143 East Meadow Drive,Vail CO 81657 476-2221 Architect/Contact,Address,and Phone:Tom Gargan.President same as a hove Project Street Address:950 Red Sandstone Road Legal Description:Potato Patch Club Condominiums Parcel Number:210106306047 Building Name:N/A Comments:DRB in the motion for approval stated that the application was appropriately submitted and that the DRB was in concurrence with the staff interpretations. Motion by: Seconded by: Vote:4-0 Pierce Wold rich Board/Staff Action Action:Approved Conditions: Town Planner: 1.Provide a separation between the drive aisle and parking at the entrance no less than exists today by either relocating mailboxes and adding pavement or adding compact parking stalls. 2.The pavement being added at the south end of the 9 parking space area should not be added to protect trees and either provide a compact parking stall or widen the drive aisle to the wesL 3.Civil drawings be provided if necessary prior to obtaining a permit to add pavement. Dominic Mauriello,AJCP Date:12/15/99 DRB Fee Paid:$200.00 •'.. "APPROVED B Tr~esb.Call the Planning Staff at 479-2128 TO "IN OF II PI?;rQQ-0337 If.•~N REVIEW APPROVAL G::~;::~MATIQN =~~vJ\: This application is for any project rcquiriii""g "'Destgn Review approval.Any project requiring design review must receive De....ign Review approval prior to submitting for a building permit.For specific information,see the submittal requirements for the particular approval that is requested.The application cannol be aa:eptcd until all the required information is submitted.Theproject may also nced to be reviewed by the Town Council and/or the Planning and Environmental Commission.Design RCl1ew Board approval eJpires onc year after final approval unless a building permit is issued and consrructiQD is started. A.DESCRIPTION Of THE REQUEST:11~!.oc.,'f-,'.~,.,5~~I<-"~1 ~l'fr.uO-( o "',,",~.J ,'......r,~"'f'-~I-J re-l~,f +.0 B. C. D. E. f. G. H. LOCATION Of PROPOSAL:LOT:BLOCK:fILING::_ PHYSICAL ADDRESS:9~o Reb ~I'rAlOS,oNC aoA" PARCEL #:2t 0 La 3060'/7 lContact Eagle Co.Assessors Office at 970-328-8640 for parcel #) ZONING:-:-:;;-_ NAMEOF QWNER(S):fJ~I'"r.fJAwre-#CLfJ G C (J Ni)o 'W IIJ'lJ.,..,As ~J./••IA/~. MAILING ADDRESS:1,(3 tr",f-,."~..,,.-.t>~,,-~ £•,'k-317 v'..,'f,C.PHONE:{T'.').1>'/ ,SIGNATURE(S):Lgq->"",-,;...J,~~~Oc.,~-r/ON Pn.t:S'O~"T NAME Of APPLICANT:-r ...-..~I/~,.o.Pr<-J'>I..~ MAILING ADDRESS:~.~38 v'~,·I.C.PHONE:47'1-1J}2- TYPE Of REVIEW AND fEE:37<h-;?8';1 o New Construction -5200 Construction of a new building. o Addition -$50 Includes any addition where square footage is added 10 any residential or commercial building. ~1jnor Alteration -$20 lncllldcs minor chan£cs to buildings and site improvementS.such as. reroofing.painting.window additions.landscaping.fences and retaining walls,1..1c. ORB fees arc 10 be paid at the time ofsubmiuaJ.Later,when applying for a building pennie please identify the accurate valuation of the project.The Toy,,"of Vail will adju~1 the fee according to the project vaJuation. PLEASE SUBWTTHIS APPLICATION,ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT Of CO~I,'IUNITYDEVELOPMENT,75 SOUTH FRONTAGE ROAD, VAIL,COLORADO 816;;7. for Qffice Usr Onl ...: fcc Paid:I~••-CK#:41~7 Applic,1t;on Date:It f•.11 Prc4 App1lcation Meeting Date; By:P.i-I-.Po-+<'L C.~J7.Iii ~....:r..<- ORB Mwing Dale:--?5,-!"-5'11kO~"",,e,,-,===::.-_- •• Department of Community Development 75 South Frontage Road Vail.Colurado 8/657 970·479·2138 FAX 970-479-2452 December 14,1999 Tbomas Gargan Association President Potato Patch Club Condominium Association,Inc. 143 E.Mcadow Drive,Suitc 397 Vail.CO 81657 RE:Application for access-way/driveway improvements on a portion of the Potato Patch Club Condominiwn propeny,Vail.Colorado Dear Mr.Gargan: The Community Development Department has received the Association',s application for improvements to the access road in the Potato Patch Club.As you are aware the Design Review Board will be reviewing the proposed improvements for layout,landscape impacts and other impacts as discu'ised in the Town's Design Review Guidelines. Staff bas performed a technical analysis to insure conformance oftbc propo$cd improvements with the development standards and loning regulations.The Community Development Dcparunem has detennined that the proposal is in conformance with these standards;"- c..~~~/3..jle-c/.II..,5J"",,!'~t.{30/0"3 .2-".. The twO iss~cs affectj.n~proposal are lhe amount of landscape area proposed and the widtb of acccss through the nfopcrry.According to plat records on file tbe tOlallat area for thc Potato Patcb Club is ~sq.ft.The site currently eom"ins 296.802.8 sq.ft.(61.8%of the site)of landscape area.The propo~saldds 3,614 sq.ft.ofpavcmcnt thus rcducing the total landscape area 293,IS8.S sq.ft.(61.0 of the site).The Zoning Regulations require that 60%of the He be in the fonn of lands pc area.It should be nOled that Potato Patch Drive and Red Sandstone Road,both pub c roads,cross the applicant's property without benefit of right-of-way or easement It bas been long standing policy of this department that when road improvements encroach on private pr crty,that the area of the encroachment is not counted against tbe property owner for tIt pw-pose of calculating landscape area.The above calculalion does not include these roadwa encroacbments. Page lof2 O~rAPE:R •• With respect to the access issues oftbe proposal,s13ffhas determined thal tht:proposal complies with the Town's adopted development standards.The standards contain a provision for existing nonconforming sites which states:"10 encourage redevelopment,there shall be some nexibility granted to exi~1iDg nonconfol1ning sites and suuctures.However,whenever possible,compliance with development standards shall be achieved.The paving of existing legal nonconfonning,i.e. unpaved,dJiveway~shall be allowed without striCt compliance with the Development Srandards," The proposal upgmdes the dlive aisle to 22'and 24'on comers and provides 19'of depth for parking spaces along this drive aisle (which meets the Town's code requirements for these issues). If this were a new site,an additional separation of 5'would be required between the parking spaces and the drive aisle.lbe Community Development Department has detennioed that this 5' is not required and thal the applicant has met the intent of tbe Development Standards and the I onconfonnities section by upgrading the drive aisle and the depth of the parking spaces and thal the changes are adequate to ensure safe and convenient access for residents 3.I1d emergency vehicles. The Design Review BOaI;"d may impose additional conditions. If you have any questions,please eall me at 479-2148. Domin·F.Mauriello,AlCP Chief of Planning Page 2 of2 •Fm'I FAX t<I.97e B45 9504 •Dec.15 1999 12:29PM Pi December 15.1999 Dominic Mauriello Community Development Town of Vail Phn:479-2148 Fax:479-2452 Re:Potato P~tch Club Condominiums Dominic. Accordine to an old drawing we have on file of the Potato Patch Club Site boundary.the metes and bounds legal de3crlptlon of the original property calla out a total area of 10.7498 acres. Upon further inspection.the couree~in the metes and boundo legal do not mathematlcly close by 0.5".In reviewing 'the condominium maps :subae<luently done.it appeare the error was left in the northerly property line (N86-54·W per legal;NBS-49·56"W per condominium map:s).This resulta in a calculated area pf 11.02 acres. Plea6B call if you have any questions. Sincerely. S'zr-:;~ Stan Ho~feldt.P.L.S. Eaale Valley SurveYing.Inc. ~"1199Hwy.6&24 Eagle-Vail,CO 81620 MItJ\JNl3;P.O.Box 1230 Edwards,CO 81632 PtOE:303-949-1406 foU;~3-845-9504 •• Deparrment of Community Development 75 South Frontage Road Vail.Colorado 81657 970-479-2138 FAX 970-479-2452 November 19,1999 Tbomas Gargan Association President Potato Patch Club Condominiwn Association,Inc. 143 E.Mcadow Drive,Suite 397 Vail,CO 81657 RE:Application for access-way/drivewayimprovements OD a poniao of Lhe Potato Patch Club Condominium property,Vail.Colorado Dear Mr.Gargan: The Community Development Depanment bas received the Association's application for improvemems to the access road in the Potato Patch Club.It appears that given the minor nature of the proposed improvements that the application,once complete,may be administratively approved.Staff has identified some modifications tbat must occur,as well as.some additional documentation that must be provided to complete the review. Please address the following: I.In order to complete our review of the proposal,the Association must submit a site plan/map ofthc property which indicates all areas of paving on the property.This project was initially approved in Eagle County and later annexed to the Town of Vail.1 have been unable to locate a site plan.This is needed in order to dClennine if there is adequate landscape area on the property.The Zoning Regulations require that at least 60%of the land area be in rhe fonn of land ...caping or a~~t)('ia(ed hardscapc (tennis COUllS,'\idewalks.erc.).:\Ily initial review indicates that this property can ca!)ily meet this requirement.but ir is necessary to document this condition. Please provide me with an accurate scaled site plan of the entire property. 2.The proposed improvements (new paving)need [0 be modified.Greg Hall,the Public Works Director,has indicated where additional paving is needed.I have included photocopies of those areas for your engineer's review.The plan needs to accurately reflect any associated grading.If there is any questions regarding tbese cbanges,have your engineer contact Greg Page lof2oHl,'(:YCU'VP"PEH • directly at 479-2160 or 390-4676. •......' 3.The plan indicates relocating the mailboxes on the property.These need to be appropriately located.Please ensure that the correct number and sizes of mailboxes are shown correctly (to scale)on the plan.1 recommend you discuss the proposed location with the Post Master. 4.Please remove the phrase "existing right of way"from the plan as this is nOI a right-of· way."Access way"may be a more appropriate term. Please provide 3 sets of revised plans addressing tbese issues. If you have any questions,please call me at 479-214~. Domini .Mauriello,Alep Chief of Planning c:Greg Hall,PublicWorks Director Pagc20f2 p, R M I J-- /' '/-- \ ~ I l -.,-.- \R 45.0'. ~I I \ \ \I II II ~ • @ SEWER MANHOLE RIM ELEV.•8228.8' \ \ \ \ \ .' I" EXIS TING MAILBOXES TO BE t.,AOVED ").ttc/i!1#- PA"I!J'I~r lIef~fr:,UJb.f(~/"ttA t;.,t.i"f r/6t'ft.. st.-"~. / / SHADED A~EAS INDICA IE AREA Of PROPOSED AVEMEN T WIDENING © / 1 I \ I I I I • / \- \ \.. / / ---;.-...@ / / E:.MA~HOlE I I \ LIGHT POLE .'.\.,,- \ ELEe. MANHOLE@ \ I I I I I / / /ELEC.MANH / / ••1 ,.'r \ \ \ \ \ \ \ \ \ \ I ••-e . ('..,' TENNIS COURT TENNIS COURT UNIT 10 /r-- I /- / 4J () I (\j R 35.0'Cb \ ," o SEWER MANHOLE TWO PAR ALLEl PARKINC SPACES r L I _..L_--- UNIT 8 UNIT 9 CATV PEO-""'lJ;......... .,•• JOHN W.CUNN ARTlolUR.,ABPLANALP,JA. OIANE HER"l ....t<MAURIELLO 0'<:OUNSC~: JERRY W.loIANNAK LAW O,....,CES DUNN,ABPLANALP &MAURIELLO,P.C. WESTSTAA SANK BUI1.ol"'G 108 SOUTl-i F"ONT...O£ROAO WEST SUlT&300 VAll..COI.O""OO 111657 15 December 1999 fEI.£PHON£: 1979'476-0300 FACSIMILI£: (970)476-4765 e-m8il;vllill_0'\</lilnet crRT"'UI ~(GAl.U$'s.....n KAREN M.OUNN,etAS J"'NICE K.SCOI'"IEi.O,CLA Design Review Board Town of Vall Vail,Colorado Re:Town of Vail Design Review Hearing·Potato Patch Club Proposal Members of the Board: This Firm represents Dome Investment Group (the owners of Condominium Unit 11,Potato Patch Club)and George and Elizabeth Ireland (the owners of Unit 16).The purpose of this letter is to provide the Town with our clients'comments related to the deficiencies in the application and material submitted to the Town in association with the above proceeding. Our clients'objections to the plan include the following: L The plan before the Town has not been authorized or approved by the Board of Directors of the Potato Patch Club.It is based upon an application signed by the President of the Association based upon his assumption that he had implied authority to do so,solely as the result of a resolution which Michael Lauterbach submitted to the Town in association with his application for approval of development of the Carnie parcel.to the east.That resolution did not authorize the submittal of this application and is inconsistent with this application. Further,the Board of Directors is scheduled to meet on Thursday,the 16th of December,in order to determine whether to approve either the application or the plan,or both.See the attached copy of the notice of that meeting,Exhibit 1.Until that meeting occurs,and unless the application and the plan are approved by the Board of Directors, consideration of this application is unauthorized and premature.It should further be noted that,at the time of the submittal of the application,consideration was scheduled for the 5th of January,and our clients were so advised and set up their schedules for that date.For some reason.late last week consideration was moved up to the 15th of December.Our client who is on the Board of Directors is on the East Coast and cannot attend. 1 •• 2.The package presented to the Town is erroneous and misleading, including but not limited to (a)the indication that there exists a 40-foot wide easement (which is false)which has no relationship to the proposal which was originally taken to the Board of Directors of the Potato Patch Club and which has been discussed by the Board of Directors of the Potato Patch Club and (b)the absence of any identified landscaping on the area of the Potato Patch Club between the driveway and the tennis courts. a.As to the width of any access,there is no agreement,formal or informal,between Mr.Lauterbach or Mr.Carnie and the Potato Patch Club Board of Directors regarding a 40-foot wide easement through the Potato Patch Club.Even the discussions with the Potato Patch Club have been limited to only a 25-foot wide easement,and they have not touched upon any other impacts on or modifications of the Potato Patch Club or its common areas. b.As to the landscaping,the proposed plan does not address the impact on landscaping to the west of the intersection between the proposed access road and the existing driveway for Potato Patch Units 1 through 17.In fact,the maps submitted do not even identify the landscaping which exists between the driveway and tennis coUtts,virtually all of which will be impacted by the proposed widening of the paved area. 3.With respect to site coverage,the Town's analysis which has been provided to the undersigned indicates that the total area of the site is 480,230 square feet.A review of the Town's historic analysis of the Potato Patch Club indicates that the acrual size of the site is 454,330 square feet.See attached analyses from Town files,Exhibits 2 (two pages).There exists no engineer's analysis for the actual size of the site, and,for some reason,the map which was submitted to the Town for the purpose of analyzing impervious area includes all required information except the actual size of the site.Without certainty regarding that information.an accurate analysis is impossible. 4.If the figure historically used for site size (454,330 square feet)is used, the lot coverage under the current proposal would be substantially in excess of that permitted.See attached analysis,Exhibit 3,Parr A.Under such circumstances,the DRB should not approve a design proposal which violated the Town's land use regulations. 2 •• 5.Again with respect to site coverage,even if the higher figure of 480,230 were used.the site coverage would be significantly in excess of the permitted amount (approximately 5,429 square feet in excess)if the Town's formula is used.Under even this analysis.the DRB should not approve a design proposal which violated the Town's land use regulations.However,for some reason the Town has analyzed this site without consideration for the fact that there exists pavement in the nature of two public roads (Red Sandstone Road and Potato Patch Drive),which barely brings the totai site coverage within the limit permitted by the Town's Development Standards.It is difficult,if not impossible.to characterize a paved public road as "landscaping .." However,unless these roads are ignored,the existing landscaped area cannot be paved without violating the Town's land use regulations.See attached analysis,Exhibit 3,part B. 6.The driveway serving Potato Patch Units 1 through 17 currently is almost entirely just that.a driveway,even by Town Development Standards. However,with the addition of five units entering between Units 10 and 11,the driveway becomes almOSt entirely a "Feeder Road"under the Town's Development Standards.See attached Development Standard Definitions,Exhibit 4.The Town's Design standards require that parking places adjacent to Feeder Roads be set back five feet from the edge of the road.See attached Development Standards relating to this issue,Exhibit 5.That has not occurred here,is not part of the plan,and for that reason the plan again violates the Town's Design Standards and should not be approved.It is worth noting that the developer who is attempting to create this access through Potato Patch was told at an early date that a 5-foot setback is required,but that requirement appears to have been ignored by both the developer and the Town of Vail.See letter dated AugustS,1999,attached as Exhibit 6,page 2.!fthere is a logical basis for the 5-foot set back for parking on a feeder road with eleven units,and safety dictated its inclusion in the Development Standards,certainly it should apply here.The west leg of the current Potato Patch driveway will,if the Carnie parcel is developed,be serving twenty-two units.To permit parking on this road without the 5-foot setback would create a safety hazard as well as violate the Town Development Standards. 7.At the hearing on the Carnie parcel,Mr.Lauterbach indicated that he intended to use this access as utility,as well as vehicular,access.There exists no identification of utility access nor any indication of the above- ground features which will be associated with such utility access. 3 •• It should,perhaps,be noted that the Town's justification for failing to adhere to its development standards is apparently based upon a provision relating to nonconformities.However.that analysis is found in the following context: To encourage redevelopment,there shall be some flexibility granted to existing nonconforming sites and structures. This application is not,of course,about redevelopment.It is about permIttIng development on an adjoining tract ofland where that development threatens to create or aggravate nonconformity in an existing project which is neither being redeveloped or developed,but only impacted. The application was made to the Town of Vail without the authority of the entity which was to have authorized that application.The plans submitted are incomplete and erroneous.Although inadequate and erroneous information may seem to justify the approval of the plan,but inadequate and erroneous information should not even be considered in association with this process.Most important,the requested modifications of the Potato Patch Club simply may not occur without significant violations of the Town's Design Standards.The plan should be disapproved. Very ours, Arthur A.Abplanalp,Jr. xc:Dome Investment Group Mr.and Mrs.George Ireland a\~,,·\\·ailLau{ 4 • c/o Vall Home Rentills.Inc. 14]East Meadow Drive.Suite 397 Vail.Colcrado 81657 303-476-2221 FAX 476-2684 • :vlCI T~leconfc:rcncc Call·in. 88S 469·0504 P3Hword:Snow C",n.fll'~r.a!ion11:6350899 December 10,1999 NOlie<of Boud ofDi.~ctors Yteeting for Potato }'.ncb Club Coadominiu=ns to be held te1e?honically on ThursdaY,::he Itlb day ofDect::\ber a.t IOA\1'\tfolJl'1uin Time.?!e:1se call in on tt.e numbe:listed ~bove. and provice me p:lSS cede al dwIt time. AG.El'\D.~ I.Appro ..e:he Applicacioi.for Desig,o Revie.....Approvi11 tmde by Thomas Ga:gan..oI\SSOCia:io;1 President. (endo.$wc) 2.'1o:e to approv~J.zWerhachs map.(enclo:sure) ~.Olher b.LS:.neH. j Adjournme~L Exhibit 1 •• fJe;,e..3t;IL{)I.A/~?~~f1 I r tp.llr I-III- ;to -u. /.5'-/1 L~itS, Z-7/'/t,I~ It"17{ 10/!KJ I Sfk·"/2,"-/6.'/$fC/lE.J R<-S/{)EtIl/~<,-~41'/c/l. (..h"! }f'f,V7;;/-r )~b1 J!'I/(-1F!I'll,,) ~-r;l.17 f v;{rrtPY /O!I;/'" ~."'I,"O fr)-L .1-[). Exhibit 2 •• 7/83 Potato Patch Club letter of 6/82 stated:allowed 42 units +1 manager apt +clubhouse units 1-14 =29.306 unit 1 deck 140 unit 9 deck 277 Units 15-17 10,885 Un;ts 18-19 4.110 Un;ts 20-26 16.175 Phase IV 36,890 97,783 8,316 106,099 Allowed:113,583 106.099 •-• 7.484 4/84 #25 added 153 sq ft expansion of bedroom,Slifer unit,Kristan Pritz approved <f I <;....r -.~ J>I./'I !~-y' ~! 8/86 #25 requested to add 65 sq ft {J r ~l.!(tJ j.t.- r('L1V<\;,.C (e r--A~----_:------===-.. •• Potato Patch Club Impermeable Area Calculations (using apptoximate acreage for the public roads) A.Based upon site area of PPC historically used by TOV of 454,330 square feet: 1.Including Red Sandstone Road and Potato Patch Drive within the calculation of the total area and counting them as impermeable area (calculated in accordance with the Code): Calculated impermeable area (developer)187,041 Public road impermeable area (Red Sandstone) 22 ft x 340 ft =c.7,480 Public road impermeable area (Potato Patch Dr) 25 ft x 240 ft/2=c.3.000 Total actual impermeable area 197,521 Divided by total PPC area (per TOV historic record)454,330 equals 43.47%,which is in excess of the 40%allowed 2.Permitted impermeable area -454,330 x 0.40 = Excessive impermeable area 181,732 square feet 15,789 square feet 3.Including the asphalt of Red Sandstone Road and Potato Patch Drive within the calculation of the total site area but excluding them as impermeable area (the Town's method of calculation -without any known basis in the Code): 4. Calculated impermeable area Divided by total PPC area (per TOV) equals Permitted impermeable area -454,330 x 0.40 = Excessive impermeable area Exhibit 3 Part A 187,041 454,330 41.17%,which is in excess of the 40%allowed 181,732 square feet 5,309 square feer •• Potato Patch Club Impermeable Area Calculations (using approximate acreage for the public roads) B.Based upon current interpretation of 480,230 square feet: 1.Including Red Sandstone Road and Potato Patch Drive within the calculation of the total area and counting them as impermeable area (calculated in accordance with the Code): 2. Calculated impermeable area (developer) Public road impermeable area (Red Sandstone) 22 ft x 340 ft = Public road impermeable area (Potato Patch Dr) 25 ft x 240 ft/2= Total actual impermeable area Divided by total PPC area (per TOV) equals Permitted impermeable area -454,330 x 0.40 = Excessive impermeable area 187,041 c.7,480 c.3,000 197,521 480,230 41.13%,which is in excess of the 40%allowed 192,092 square feet 5,429 square feet 3.Including the asphalt of Red Sandstone Road and Potato Patch Drive within the calculation of the total area but excluding them as impenneable area (the TownJs method of calculation·without any known basis in the Code): Calculated impermeable area Divided by total PPC area (per TOV) equals Exhibit 3 Part B 187,041 480,230 38.95% Landscape Area: The area of a site not covered by buildings,driveways,and covered walkways.Core Frontage: Tne ponion of a 10[which fronts on a public or private street. Fire Code: The Cniform Fire Code,as published by the International Fire Code Institute,5360 Workman Mill Road,Whinier,CA.90601-2298. Dwelling,Two·Family: A detached building containing two (2)dwelling units.designed for or used as a dwelling exclusively by tWO (2)families,each living as an independent housekeeping unit. Exhibit 4 Town of Vail tAt,opmenl Slandardr Handbook 6 • feeder Road: A paved all-weather road or driveway on private property which accesses 4 or more dwelling units (including EHUs).Driveways to individual dwelling units generally connect to the feeder road. Entry Angle: The angle created at the intersection of tbe centerline of tbe public roadway and the centerline of (he first 30'of feeder road or driveway. Dwelling,l\olultiple-Family: A building cOnlaining three (3)or more dwelling units,including townhouses.rowhollses, apanments.and condominium units;designed for or used by three (3)or more families,each living as an independent housekeeping unit. Dwelling,Single-Family: A detached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. Exposed F:lce: The arca of a wall exposed from the finished grade line to the top of the wall.The cumulative exposed bench face of combination walls. EHU: An Employee Housing Unit as defined in Title 12,Zoning Regulations of the Town of Vail Code.For the pwpose of driveway,parking,and access standards,an EHU shall be considered a dwelling unit. Dwelling ["nit: Any room or group of rooms in a single-family,two-family or multiple-family building with kitchen facilities:designed for or used by one family as an independent housekeeping unit.A dwelling unit in a multiple-family building may include one arrached accommodation unit no larger [han one-third C/3)of the total floor area of the dwelling. Ii· t •• I I II I I •• I • I I • I • I 5 Critical ROOl Zone: Area critical 10 existing vegetation 10 ensure its existence. I J I, ••• •TOWII of Vail Del'i!/opmem Standard,;Handbook• Densif)': The number of dwelling units aJlo\\'ed per lot or thc number of dwelling units allowed per acre. DemolRebuild: The destruction,demolition,or removal of fifty percent (50%)or more of the gross residential floor area of an existing dwelling unit or structure.The dctennination of the fifty percent (50%) shall be calculated upon "gross residemial floor area"as defined in Title 11,Zoning Regulations, Deck Setback (not ground level): A line or location within a lot or site which establishes the permitted location of an above grade (greater than 5'above grade)deck or balcony on a lot. Deck Setback (ground level): A line or location within a lot or site which establishes the penni ned location of an at-grade (within 5'of grade)deck or patio on a lot. Curb-Cut: The location where a driveway,parking area,or feeder road connects to a public street or feeder road. Cross-Over Aisle: The drive aisle where a 90"or greater tum is required by a vehicle to change drive aisles. Cross-O"er (switch-back or 90°Turn): The area on a driveway where the twning angle of the centerline of the driveway curvature is 90"or greater. Driveway: A paved all-weather driving surface on private property which provides access to 3 or fewer dwelling units (including EHUs).Driveways generally provide access to individual dwelling units. Driveway Pan: A COncrete drainage structure which conveys water;located where a driveway or feeder road connects with the public street. Design Review Board (ORB): The body responsible for reviewing development proposals in tbe Town of Vail.The DRB focuses on evaluating projects based on the Town Code.Master Plans.and Ihe Design Standards as set fonh in the Town Code.including architectural design,site planning.landscaping,site disturbance,etc.,aDd as established pursu3DltO Title 3,Chapter 4,Boards and Commissions. Disturbed Area: Any area where grading takes place. Residential Access and Parking Standards • I Table 2: •Tm ....n of Vail oiaopmen,Standards Handbook I I I I I I I I I I I I I I I • Single-family,Two-family, Prj mary/S('co nda l")'Multiple Family Multiple Family Standard ·Iccess 10 nOl more th:ln 3 dwelhns units -~cces'10 4 10 11 dwelling unll1 -:leeCH 10 more lh:ln 11 dwelling unin lincludins EHL:sl ·f"""",,'O:ld only .feeder to.1d only ·lI.'llCTIl:'::S :lnd all pol1lons lher~{wjthin 150'from edl!l:of llr~l Il:lvemem Curb CUIS Curb <:uts penn/llcd I per 11:.::.::l per IInl!1 per p:lr<:el Minunlun necessary for adequ:lte :leedS (number)\1:L':imum of.!cllrb CUlS pct 101 Parking Requirements .'Un.bon~onl"l 24'~IA ":'fA t!ur:lnct w(\ntn g:lnll~donn (p:lr:lUd III road)10 edge lit' pu bUt HUff p:l."cruenl .\Un.horizontal S'S'S' dunner bc .....rrn ~qulrtd p:lrl.1n::space lind td::e ufpubUc 'Irttl or r"o1tdH rO:ld :\lhL horizonlol ':'IA .:.'i!0m OOm"ClI(Hl$,trom OOJ$lruC!lons tlunncf (rolll (uder 5'from blJildioSI 10'from buildings road IO$lrUCIUru 10bstrucdoRl (f,!;" cuordrolll,Irnl, rtullllllC "'alb,fie.) ({)fItoll K) Parkln::SpOtf slu 9'~19'lurfoe~See Table 4,5.:"TlOl.:4,L'ommcrclaU;...\ulupl,,- 9':\IS',,~tlosoJ Commerc ;oIJ),lull iple.Fa nu Iy Fornily Parking LOl Sliln<h,ds rorkinlt LOI Siandords Slghl dlSlonCf Il1on::;I'Forward .\lovem."lII:IU'perpendlculor x 10·perpo:ndlculor x 250'IOlerol lU'Petllend;culor.,2~O'lolcTOI (IIricl (~tolll)2SO'loler:l1 (luicl complio~""rTI:Iy nOI be complionce moy nOI be required on sil"l Backword ),Iovemenl:IS·p"'i'JlcndicuJJr n:quin:d on SileS nOI obi"to not oble 10 phyllcolly co~IYJ x 2~O'10lerol physlcall)'co~ly) (mict complionce m:1)'not be "''1uired on lit"s not obI"10 p!tvsico!1"comol\'l Boc li-u u~rr urn·oruu nd 12'",iele Bock·oullnlO n~III-of·woy Back_oul into riglll-(l[·wO)'prohibnoo arn 20'cemC1'l inc rodlu s probibi!o.'d (DtI:>lI7)DesiS"ed (or ~POint rurn or leSI .COt rum·oround oto:.1: Tum·oround orco;12'wid<: Required when:12'wide 20·"enlerline mdius ,cross,over onGle IS sr",ot"r thon 120':20'ccnlerline udilu l)esl!,:l'l"'d for J POlnlll,lfn or I"ss •"ntry angle i.ll"u thon 70':Designed for ~poinlturn or l"ss Truck lum_around 01\:0: _occeuing 0 collector.orleris!.or ShU be desisne.J $0 lruckl e.,it site wlTUnertiol IIreel:or forword as e1etennmed by lrorfic "nllineer •bocko~t slghl trl3~gle "'q~lr(mcnl is nOI b.:II.:d on us.:~propO!lo:.J • m<:1. Dr1H"~~'P~n 4',,'"td(conc,ele pon 31 e.J~(of 3lph,h for 4'wl.Je concrcle IlJn ~t .:d~.:of S'",d.:concr.:l':pan ':1.1 "dge Of3SphJh (Droln:aJ,:ej !h(full wldlh driveway p3\'em"~t ospholt for Ih"full wi.Jlh .JriWWO)'for th.:full \\"Idt~drivewoy povemenl CDof131J 11 indu.Jin~returnl 3Y(m"lll indudln>:",rurnl indudlnl'rCIUrns Other Requiremen(s: Vehicular i"[aneuverability Parking required for each dwelling unit must be independently accessible (i.e.,required parking for one unit cannot block access for parking for another unit on·si(e). I 12 Exhibit 5 / 75 South Frontag~Road Vail.Colorado 81657 970-479-2100 FAX 970-479-2157 • AuguStS,1999 Michael 1.Lauteroilch PO Box 3451 Vail,CO 81658 RE:Subdivision application :lod development plaD for the "C:..'nie Pare:l"!OC:lIca to the weSt of the Po",w PalCn Club De=u-ylichael: The Community Development Department bas completed a review of your proposed project dated 7/21/99.Given the changes proposed to the planing method,it bas been determined that the p1o.t is simply a developme:lt similar to a condo map of a project and C:l.D be approved by staff. Tne developme::lt plan will be required to be approved by the Design Review Board before approval of the plat.Following approval of the developmc:J.[plan,:md recording of the necessary eJ.Se:ne:JLS through the POlatO Patch Ouh development,suff will be able to re'ord the proposed plat.Listed below arc issues with respect to the plat as well as the development plan that need [Q be addressed . 1. 2. ,. 4. 5. .\fee of5100.00 is required fonhis revised .pplication .nd S:;OO.OO fonhe DRB a~plicatioD.Ple::lse provide this fee illld a completed ORB application. The plat title needs to be Iisted:l.s il tinal pI:!.!.instc:ld ofprelimiDary. Plc;l.'iC indic:Hc th~acre:lgc in [hI.:dcdil.:Jtion l.:c:-tific;lIC J:ld remove the Town (ound :lnll PEe c~:,iiicJh:S from tht:plat..-\ddition~ILY.rcvk'.v ~.,~dcdic:Hi<,m l:ln:;ll:lgc :.md rcmo\:: :lily language dcdic;l.ting "roJlh"to the public. PleJsc add a omt:to the pl:H stating that the 3 tfJCtS created by this plat shall bt: cooside:-cd one parcel for zoning purposes. Please provide il purpose statement on the plat. Exhibit 6 .'..-•,•-.•. 6.Tnis development must provide adequate are:l for a fire O"Uck tu.rnaround.Please revise tbe plan to show this turn around area. 7.Ple:lSe iodic:lte loc.ltiODS of proposed fire hydr:mts for tbe development. 8.Please provide a phasing pl:l1l for the proposed developme::n indicating wh:u improvements will be constrUc::ed in wbich pb<lses,including hiodsc:lping,access,etc.A fire mmaround will be required for :111 phases and a bond may be required to insme completion of the roadway improvements in future phases. 9.Please provide al:mdsc:lpe plan for the entire developmeJt 10.Please place a Dote on the developmeot pl:m that e:lcb dwelling unit will be required to he reviewed by the DRB to include all elementS such :l.S fu1al grnding and landscaping. 11,The proposed landscape area for the site does DOt meet the minimum required by the code. The code requires a minimum of 60%of the site without srructures or paving.Your plan provides 35,353 sq.ft.of lanes cape area and the code requires 35,700 sq.ft. 12.Please indic:lte all trees to re:nain on-site and those to be removed. 13.Please note th:u the code requires at least one enclosed parking space for each dwelling. Additionally,it appears that 3 parJdng spaces will be required for each unit.You may want to indic:lte on the development plan thilt each unit will cODuin a2 car garage in order to accommodate the required parking. 14.An engineers stilIIIp is required with this submina.l for all retaining walls in excess of 4'in heigbt Additionally,please indic:lte the proposed retaining wall materials.For concrete walls,r recommend that these walls bave a rock veneer 00 all exposed surfaces. 15.AU structures on-site must maintain at least a 15"setback from the property lines. Additionill1y,there needs to be at least a 5'setback from any structure or obstruction to 6e edge of L\-je main driveway.PleJse show dimensions aD the pla.'1 of all structures to me edge of me m:lin driveway and to property lines. 16.Required parking spaces ne~d to be indk;lred on the developme~t plan.All parking spaces must bt:~etbilck at le:lS[5'from [he edge ofthc:proposed main drivewi.ly ($ee Building 2). Ph:ase dim~n;o;iol\all parking ",paces OQ rh~Q[j,n and the distance to the ~dgt.:of the main dJivcw..v. 17.\\r1J.e!l the rn:lin driveway has passed beyond ~dwelling units and is the:!only accessing 3 or less dwelling WlitS.the driveway C:lD be reduced to 11'in width (or 15'on a curve). This may help you acbieve the minimwn landscape area requirement. 18.You may also want to consider moving the access to unit 3 and take access directly from Page2of3 ..,,•• 19. :'0. 11. 22. the main drive and tbe:efore reduce the impacts of the proposed driveway OD the neighboring prope."'t)'and the existing crees.Tnis m::ty also help you achieve the fI'\jnimwn landscape ille requireme:lt Please provide a complete set of drainage calculations for the development,prepJIed by a P.E. All access requires a 20'cente:iine maillS from the back or front of a car (6'x 19')for maneuvering.Tne ac:esslparking for Bwldings #3 and 5 does DOt work and needs to be redesigned. All boulder retaining w:l.11s need to be laid back at 1:I unless sumped by a P.E.for a steeper slope. Tne cente:line ofIbe afme access road at the 24'wide sec:ion should be in the middle of the aspbalt.Ple4.Se modifY the plan accordingly. No grading on the site sball exceed a ratio of 2:1.It appears that at the te:minus of reuining walls and ne:lr the property lines,this is exceeded. 24.The driveways to Buildings I and 2 Deed to properly drain.Please provide for dr.lioage aD these drivewClYs. 25.It Clppem that it migbt be bener to provide a low point in the access drive wbere it curves a.t "2+00"r.:t.ther than taking drainage back to PoUtO Patc:J Drive. 26.Please modify the acc~ss through the POtato Patch Oub so that 24'wide asphalt is provided on curves and 22'is provided on straight sections.Additionally,the parking areas along this :lccess should be at least 19'deep. T.lle set of pl:loS submined for review dated S13i99 have oot been reviewed.Please resubmit 3 setS of plans with all of these revisions.If you have questions of Cl technical/eogineering nature pl=e contact Greg Hall,Public Works Director a,479-2160. lfyou have any questions,please call me at 479-2148. S·,F ret ....;.~...--•\-:;:..."(.or -.,',/''."(b''~"I ,\;~lJ6,''I,."'.'L.~'-~v "- Dominic F.Mauriello,AICP (bief of Planning C:Greg Hall,Public Works Director P:lge 3 of 3 •• APPEALS FORM REQUIRED FOR FILING AN APPEAL OF A STAFF,DESIGN REVIEW BOARD OR PLANNING AND ENVIRONMENTAL COMMISSION ACTION A.ACTIONIDECISIONBEINGAPPEALED:Approval of a project sometimes known as the Potato Patch Club Road Widening Project,by the T~wn of Vail Design Review Board on the 15th of December.1999 . B. . DATE OF ACTlONIDECISION:__1:::5=--.:D:::e:::c:::e:::mb=e=.r:-1:::9:::9:::9=--.:_ C.NAME OF BOARD OR PERSON RENDERING THE DECISIONrrAKING ACTlON:_ Town of Vail Design Review Board NAME OF APPELLANT(S):D.Dome Investment Group George &Elisabeth Ireland clo Paul Hoff Suite 3650 3800 East Long Road 1700 Lincoln S~reet MAILING ADDRESS:L::-i -,-t-,-t_l-,-e-,-t_o_n_CO__8_0_l_2_l_-_l_9_l_4__--::D_e-,-n-,-v_e-,-r~,_C_0_8_0_2_0_3 _ Unit 11 Unit 16 Potato Patch Club Condos Potato Patch Club Condos ~J{YSICAL ADDRESS W VAlL:950 Red Sands tone Rd.,Vail P)lJf)1-l.£:950 RedSandstoneRd. (303)689-9800 (303)830-2171Vail,CO SIGNATURE(S):~~ 1£ LEGAL DESCRIPTION OF APPELLANT'S PROPERTY IN VAIL:Unit 16,Potato Patch Club Uni~11,Potato Patch CondominiumsCluuCondom1.n1.ums E. Page I of2 •• F.Does this appeal involve a specific parcel ofland?__Y.ce.cs:-_lfyes.please provide the following information: are you an adjacent property owner?Yes ~no I£no,give a detailed explanation of bow you are an "aggri~ed or adversely affected person.""Aggrieved or adversely affected pen;OD"means any person who will suffer an adverse effect to an interest protected or furthered by this title.The alleged adverse interest may be shared in common with other members of the community at large,but shall exceed in degrK the general interest in community good shared by all persons. Appellants are the owners of specific condominiums and the owners of undivided interests in the general common elements of the Potato Patch Club,which is property which was the SUbject of the action from which this appeal is being taken.The approval of the project,was undertaken without the approval of the owners of the property or their agents in association with a project not approved by the owners or their agents,constitutes a public safety hazard endangering the property of the Appellants and would permit the development of the subject property without adequate review and consideration of the impacts on the property of the Appellants and the Potato Patch elub in general.The approval would also permit the development based upon accessthrough the Potato Patch Club for which no standards have been established and regarding which there has been neither consent by the appellants or the othe~owners of Potato Patch Club nor any analysis or review of the impact of changes to the Potato Patch Club in association with that access.Further,the plans upon which the Design Review Board relied,in association with approval ate inaccurate,incomplete and do not accurately depict the impact of the proposed project or the conditions imposed upon the property of the Appellants and the Potato Patch Club as a whole.The detailed basis for this appeal is found in the letters and material which accompany this Appeals Form. G.Provide the names and addresses (both person's mailing address and property's physical address in Vail)of all owners of property which are the subject of the appeal and all adjaccnt property owners (including properties separated by a right-of-way,stream,or other intervening barriers).Also provide addrcssed and stamped envelopes for each property owner on the list. H.On separate sheets of paper.specify the precise nature oCthe appeal.Please cite specific code sections having relevance to the action being appealed. I.FEE:50.00 Page 2 of2 •• JOHN W.DUNN ARTHUR A.AI!lPLAN"'LP,..JR. DIANE HERMAN MAURIELLO 01'CQUN';t;I.. .JERRY W.HANNAH Town Council Town of Vail Vail,Colorado LAW OFFICES DUNN,ABPLANALP &MAURIELLO,p.e. WE!HSTAR S ....NK BUILCING '0.1'1 SOUTH FRONTAGE ROAD WEST SUITE 300 VAIL.COLORADO .1'116!l7 22 December 1999 TtL[PI-IONE:: (970)476-0300 ,"ACSIMILE: (970)476-4765 e-~1.W1ill-'tvoil OQ! (;[PlOn[l'L~"~L ...U'......T\i IUREN M.DUNN.CLAS JANICE K.SCOFIELC.CLA Re:Appeal from Vail Design Review Hearing -Potato Patch Club Proposal Members of the Council: This Firm represents Dome Investment Group (the owner of Condominium Unit 11,Potato Patch Club)and George and Elisabeth Ireland (the owners of Unit 16, Potato Patch Club).Each of our clients is also the owner of an undivided interest in the common elements of the Potato Patch Club.OUT clients are,therefore,owners of the property which is the subject of this appeal. The purpose of this letter,together with the copy of the letter which is attached and which was provided to the Design Review Board,is to supply the information requested through the Town's "Appeals Form"to which this letter is attached.A copy of the application and the record of the decision of the Design Review Board,as well as the list of property owners and addressed,stamped envelopes accompany this letter. This appeal is being filed on the basis of the following issues: 1.The Zoning Code of the Vail Municipal Code,at 12-11-4.C.1.,authorizes consideration of an application for design review approval only if the application is submitted by the owner or agent of the owner of the property which is the subject of the application.The application and the plans before the Town as part of the application have not been authorized by the owners of the property which is to be affected by the proposed activity,nor have critical parts of those plans been approved by the Board of Directors of the Potato Patch Club,which,in any event, is neither an owner or an agent of the owners.This proceeding is based upon an application signed by the President of the Association and included both a general plan for road improvements and a more specific landscaping plan for a portion of the impacted area.The President of the Association based his action upon his assumption that he had implied I •• authority to do so,solely as the result of a resolution which Michael Lauterbach submitted to the Town in association with his application for approval of development of the Carnie parcel,to the east.That resolution did not authorize the submittal of this application or the plans which are before Council,and that resolution is inconsistent with this application and those plans.Further,the Board of Directors met on Thursday,the 16th of December,the day after consideration of the application by the Design Review Board,in order to determine whether to approve either the application or the plans,or both.At that meeting the Board of Directors approved a plan similar,but not identical to,one of the three maps considered by the Design Review Board.The Board of Directors did not see,consider,or approve the landscaping plan which is an integral part of the application before the Council on appeal. Further,even if the President of the Association had the authority of the Board of Directors to submit the application and or the plans before this Council,that does not satisfy the requirements of the Zoning Code, because the Association had no authority to submit either,because the Association does not have the broad powers established for more recently organized condominium associations,and Town of Vail Municipal Code requires that any application for design review approval be submitted by the owner or agent of the owner of the property which is the subject of the application.The Potato Patch Club Condominium Association owns nothing related to the general common elements to be affected by the proposed project,and there exists no authority for it to act as agent of any owner in this circumstance. 2.The application package presented to the Town in association with the Design Review Board hearing was to be an accurate rendition of the plan, including both existing landscaping and that which was to be replaced and/or installed.Vail Municipal Code 12-11-4.C.l.f.The material which was submitted was erroneous and misleading,including but not limited to the absence of any identified landscaping on the area of the Potato Patch Club between the driveway and the tennis courts.An example of what should have been submitted with reference to the entire project is that limited landscaping plan submittedin association with the Lauterbach/Carnie application (a different proceeding),and included in this submittal.The proposed plan did not address the impact on landscaping to the west of the intersection between the proposed access road and the existing driveway for Potato Patch Units 1 through 17.In fact,the maps submitted did not even identify the landscaping which exists between the driveway and tennis courts,virtually all of which will be impacted by the proposed widening of the paved area. 2 •• 3.With respect to site coverage,the Zoning Code of the Vail Municipal Code requires that this site be 60%landscaped.Vail Municipal Code,12·6E· 10.A review of the Town's historic analysis of the Potato Patch Club indicates that the actual size of the site is 454,330 square feet.The Town's analysis which was provided to the appellants prior to the hearing indicated that the Town relied,for purposes of this proceeding, upon a total area for the site of 480,230 square feet.When the lower figure upon which the Town had previously relied was pointed out,the Town of Vail obtained a report from a local surveyor who indicated that an old drawing of the Potato Patch Club indicates one acreage and a review of the various plats came up with a different acreage.The applicant submitted no analysis of total acreage whatsoever.The application which was before the Town indicated that,because of the additional paving involved in the proposal,there would exist 187,041 square feet of impervious area to be charged against the Potato Patch Club.Based upon this analysis,approval of the proposal would be illegal if the total area of the Potato Patch Club were less than 467,602 square feet.Additionally,the figure of 187,041 square feet appears to understate the coverage of the site because of a "recreationallJ credit of 10,245 square feet,for which there is no authority in the Zoning Code. There exists no engineer's analysis for the actual size of the site,and,for some reason,the map which was submitted to the Town for the purpose of analyzing impervious area includes all required information except the actual size of the site.Without certainty regarding this information,an accurate analysis is impossible.If the figure historically used for site size (454,330 square feet)is used.the lot coverage under the current proposal would be substantially in excess of that permitted.Under such circwnstances,approval by the ORB of a proposal which violates the Town's land use regulations,or regarding which the Town has not received authoritative information regarding compliance,should be reversed by this Council. 4.Again with respect to site coverage,even if the higher figure of 480,230 were used,a correct application of the Town's Zoning Code and Development Standards establishes that the current site coverage is significantly in excess of the permitted amount (approximately 5,429 square feet in excess)if the Town's fonnula is used.The difference in the calculation arises from the fact that the Town excludes portions of the site which are under the pavement of Red Sandstone Road and Potato Patch Drive.For some reason,the Town has analyzed this site without consideration for the fact that two paved roads exist on the site.Even that analysis,for which there is no basis,barely brings the total site 3 •• coverage within the limit permitted by the Town's Zoning Code and.It is difficult,if not impossible,to characterize a paved public road as "landscaping."However.unless these roads are ignored,the existing landscaped area proposed for paving cannot be paved without violating the Town's land use regulations.Under the correct analysis of the Zoning Code,the Potato Patch Club is currently non-confonning,with respect to landscaping,and such a non-conforming site may not be modified in such a manner as to increase the degree of non-conformity with respect to landscaping.Vail Municipal Code,12-18-5.C. 5.The driveway serving Potato Patcb Units 1 through 17 currently is almost entirely just that,a driveway,even by Town Development Standards. However,with the addition of five units entering between Units 10 and 11,the driveway becomes almost entirely a "Feeder Road"Wlder the Town's Development Standards.The Town's Design standards require that parking places adjacent to Feeder Roads be set back five feet from the edge of the road.That has not occurred here,is not part of the plan, and for that reason the plan again violates the Town's Development Standards and should not be approved.It is worth noting that the developer who is attempting to create this access through Potato Patcb was told at an early date that a 5-foot setback is required,but that requirement was more recently ignored by both the developer and the Town of Vail.lithere is a logical basis for the 5-foot set back for parking on a feeder road with eleven units,and some consideration dictated its inclusion in the Development Standards,certainly it should apply here. The west leg of the current Potato Patch driveway will,if the Carnie parcel is developed,be serving twenty-two units.To permit parking on this road without the 5-foot setback would create a safety hazard as well as violate the Town Development Standards. 6.With further reference to parking,the Design Review Board considered and imposed conditions relating to the conversion of several existing parking spaces without any analysis or consideration of the question of whether the existing parking at the Potato Patch Club was in compliance with the Zoning Code.If parking was not in compliance with the Zoning Code,the conversion of full size parking spaces to compact parking spaces would constitute an increase in the discrepancy between the existing and required parking spaces.Vail Municipal Code,12-18-5.D. 7.At the hearing on the Carnie parcel,Mr.Lauterbach indicated that he intended to use this access as utility,as well as vehicular.access.There exists no identification of utility access nor any indication of the above- 4 •• ground features which will be associated with such utility access,and the Potato Patch Club Association Board of Directors has taken no position on that issue. It should be noted that the Town's justification for failing to adhere to its Development Standards is apparently based upon a provision in the Development Standards (but not in the Zoning Code)relating to nonconformities.However,that analysis is found in the following context: To encourage redevelopment,there shall be some flexibility granted to existing nonconforming sites and structures. This application is not,of course,about redevelopment.It is about permitting development on an adjoining tract of land where that development threatens to create or aggravate nonconformity in an existing project (i.e.,the Potato Patch Club)which is neither being redeveloped or developed,but only impacted. The application was made to the Town of Vail without the authority of Dome Investment Group and Mr.and Mrs.Ireland,who are among the owners of the subject property.The entity which was to have authorized that application did not,in fact, either authorize the plans or have the authority to do so.The plans submitted are incomplete and erroneous.Although inadequate and erroneous information may seem to justify the approval of the plan,inadequate and erroneous information should not even be considered in association with this process.Most important,the requested modifications of the Potato Patch Club simply may not occur without significant violations of the Zoning Code and of its Development Standards.It may be that the staff has some discretion to permit variances from the Development Standards.There exists no such authority for the violation of the Zoning Code.The approval of the proposed plan by the Vail Design Review Board should be reversed by this Council. Ve Arthur A.Abplanalp,Jr. xc;Dome Investment Group Mr.and Mrs.George Ireland ,.\c\v\Vailppc 5 ·,.' TOWAL,O':::F:::'!VAlL~~·i e Quesrion .cPlanning Staffat 479·2)28 .PI(::;-99-0337 APPLICA nON FOR DESIGN REVIEW APPROVAL GENERAL INFORMATION Thill application is for any project requiring Design Review approval.Any project requiring design review must receive Design Review approval prior to submitting (or a building permil for specific in(onnarion,see the submittal requirements for the particular 31'lJ1roval that is requested.The application cannot be accepted until all the required information is submincd.The:project may also need to be reviewed by the Town {:ounciJ and/or the Planning and Environ menIal Commi~ion.Design Review Board approval expires onc yen liner final appro\'al unless a buOdJne permit is issued 2nd consfruCrlQn is stancd. A. B. C. D. E. F. G. H. DESCRIPTION OF THE REQUEST:If~s.,,'~~·'.~'J S~~I<.,,~,"-fl""VL( o 4t.c.LL ~J ,',,-"...t..""~~J..J re-l ~~4-0 C 4r ,'e-1Il.~<:.ess. LOCATION OF PROPOSAL:LOT:BLOCK:FILlNG:_ PHYSICAL AODRESS:9s-0 RC6 ~t'r)JOST.NC ~.Ab PARCEL #:2t 0 La -:'>060 '17 (COnt,ct Eagle Co.Assesso"Office"970·328·8640 fOT'parcel #) ZONING:-,:-_ NAME OF O\VNER(S):f'~rlfro fJA"-~4 CL~O CoNOo,"",,'L.rY1 A$~J.I.,IA./&. MAILING ADDRESS:1.(3 6'4'f-""~4.1.~t>",-~ t.,'1-3'7 0 ..,'/,C.PHONE:{7'.~A >.1 ...SIGNATURE(S):L'7!Y)d0'-';...J,11->~o,.~T"I.N PReSt O"o./T NAME OF APPLICANT:I._..........<l{'-'A~s tic..Pr~J''Ju..-I- MAILING ADDRESS:s.~........38 IIL"I,<:.PHONE:471-fJ·p· TYPE OF REVIEW AND FEE,,Jro-2Z ,,1 o New Construction·S200 Construction ora new building:. o Addition -$SO Includes any 3ddilion where square footage is added 10 any residential or commacial building. l:3"'Minol'"AJtrration -520 Includes minor changes 10 buildings and site improvcmcnlS.such as, reroofing.painting.window additions.landscaping.fences and rct3ining ,;\'alls.etc. ORB fees arc to be paid at the rime ofsubOlittaJ.LatCf.when applying for a building pcnnit.please identify the accurate valuation of the projcct.'The Town o(Vail will adjust the fee according to the project vaJuation. for OffiN'U5f OUly: Fec Paid:I)."III .. PLEASE SUBMIT THIS APPLICATION.ALL SUBMITTAl.REQUIREMENTS AND THE FEE TO THE DErARTMEJ\'T or CO~I~1UNITYDEVELorME:"T.7S SOUTH FRONTAGE ROAD. VAIL,COLORADO 81657. CK#:41 f.Z By:...:fJ,...:·:..!.f-...::..:.../-.:....:.p.-::...::cJ...-=-=l..=--c._.:.:~:.:P..:._;A.:..:I:.:!c:.~:.:....:Xi.::'-::..=..... Appllc.ltion Dar"_--,,rfr...:.:·'"o!.-'-..1.'11.1 DRB ~kCling Darc:-~~f-/;_f:>"';f-£....<Jd2""'=='-__ Pre-Application Meeting Dale; • DESIGN REVIEW BOARD AGENDA Wednesday,December 15,1999 3:Q0 P.M. MEETING RE~ULTS PROJECT ORIENTATION O1riStftlOS LIfICh Ccmmunity Development Department MEMBERS PRESENT MEMBERS ABSENT Clark Brittain Bill Pierce Hans Woldrich Melissa Greenauer Galen Aasland (PEC) SITE VISITS 1.Billingsley -1170 Ptarmigan Road 2.Darby Vall 11-3847 Lupine Drive 3.Potato Patch Club -950 Red Sandstone Road Driver:Allison PUBLIC HEARING·TOWN COUNCIL CHAMBERS 12:00 pm 2:00 pm 3:00 pm 1.Potato Patch Club -Additional parking along feeder road/par1<ing/landscaping and Dominic Extension of road. 950 Red Sandstone Road/Potato Patch Club Condominiums. Applicant:Potato Patch Club Condominium Assoc.,represented by Thomas Gargen MOTION:Bill Pierce SECOND:Hans Woldoch VOTE:4-j)(Greenauer abstained) APPROVED WITH 3 CONDITIONS: 1.Provide a separation between the drtve aisle and parking at the entrance no Jess than exists today by either relocating mailboxes and adding pavement or adding compact parking stalls. 2.The pavement being added at the south end 01 the 9 parking space area should not be added to protect trees and either provide a compact parking stall or widen the drive aisle to the west. 3.Civil drawings be provided if necessary prior to obtaining a permit to add pavement. ,. "TOIfNOFYAIL ~ 1 •• Design Review Appeal·Potato Patch Club condominium Association Application Property Owners and Addresses: Owner of the Subject Property: Potato Patch Condominiums and general common elements (Send to condominium association pursuant to Section 12·3·3.C.3.of the Vail Municipal Code): Owners of Potato Patch Condominiums Potato Patch Condominium Association C/o Mr.Larry Barnes,Vail Home Rentals 143 East Meadow Drive -Suite 397 Vail CO 81657 Owners of Adjacent Property: Unplatted property to south and east: John A.Carnie and Joan T.Carnie 2920 Mann's Ranch Road Vail CO 81657 (believed to own fee title) Michael Lauterbach Post Office Box 3451 Vail CO 81658 (believed to be under contract to purchase property) Tract C,Vail/Potato Patch Town of Vail 75 South Frontage Road West Vail CO 81657 Tract D,Potato Patch Vail Corporation Post Office Box 7 Vail CO 81657 Red Sandstone Creek Condominiums(Send to condominium association pursuant to Section l2-3-3.C.3.of the Vail Municipal Code): Red Sandstone Creek Association 75 South Frontage Road West Vail CO 81657 Unit A,Lot 3,Vail/Potato Patch Second Filing Betty Guffey 742 Sandy Lane -Unit A Vail CO 81657 • Unit B,Lot 3,VaiVPotato Patch Second Filing Charles Paul and Geraldine Campisi Forest Drive Sand Point NY 11050 Unit A,Lot 4,VaiVPOtato Patch Second Filing Mikell Holdings Co.LTD C/o Karl H.Fauland Post Office Box 4261 Vail CO 81658 Unit B,Lot 4,VaiVPotato Patch Second Filing Rican Investment Co.Ltd C/o Karl H.Fauland Post Office Box 4261 Vail CO 81658 Lot 5,Va!VPotato Patch Second Filing Eric C.Golting and The Doris Golting Irrevocable Trust 10700 East Bethany Drive -#200 Aurora CO 80014-2625 • Parcel B and interest in Parcel A,Lot 6,VaiVPotato Patch 5econd Filing Roger S.Penske Trust UITIA Dated November 17,1973 C/o Penske Corporation 13400 Outer Drive West Detroit MI 48239-4001 Parcel C and interest in Parcel A,Lot 6,VaiVPotato Patch Second Filing William L.Hanlon and Marylyn E.Hanlon 225 Wall Street Vail CO 81657 Unplatted land United States Forest Service Post Office Box 190 Minturn CO 81645 2 ~ ••• Red Sandstone Creek Association 75 South Frontage Road West Vail CO 81657 Betty Guffey 742 Sandy Lane Unit A Vail CO 81657 Charles Paul and Geraldine Campisi Forest Drive Sand Point NY 11050 Mikell Holdings Co.LTD C/o Karl H.Fauland Post Office Box 4261 Vail CO 81658 •• Owners of Potato Patch Condominiums Potato Patch Condominium Association C/o Mr.!.any Barnes,Vail Home Rentals 143 East Meadow Drive -Suite 397 Vail CO 81657 John A.Carnie and Joan T.Carnie 2920 Mann's Ranch Road Vail CO 81657 Michael Lauterbach Post Office Box 3451 Vail CO 81658 Vail Corporation Post Office Box 7 Vail CO 81657 .. •• Rican lnvesunent Co.Ltd C/o Karl H.Fauland Post Office Box 4261 vail CO 81658 Eric C.Golting and The Doris Golting Irrevocable Tr 10700 East Bethany Drive·#201 Aurora CO 80014-2625 William L.Hanlon and Marylyn E.Hanlon 225 Wall Street Vail CO 81657 Roger S.Penske Trust U/T/A Dated November C/o Penske Corporation 13400 Outer Drive West Detroit MI 4R?~Q-4001 ..•• THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3 at the Town of Vail Code on Tuesday,January 18,2000 at 7:00 p.m.in the Town of Vail Municipal Building,located at 75 South Frontage Road.In consideration of: ITEMITOPIC: Potato Patch Club -Additional parking along feeder roadiparkingJIandscaping and extension of road,950 Red Sandstone Road/Potato Patch Club Condominiums. Applicant:Potato Patch Club Condominium Assoc.,represented by Thomas Gargen The application and information about the proposal is available for public inspection,during regular business hours,in the Community Development Department,located at the Town of Vail Community Development Department,75 South Frontage Road. SHEET C2 DClIGNED:Wf ORAlIlH:lolT """"""'"Pl..C ~15 DATE:11 5 "''''0'' " =" I I / I I - TENNIS COURT •• • SCALE:,"=40' TENNIS COURT DATE OF SURVEY:2/8/95 UPDATED:1'/15/99 TENNIS C(lUR'T ••• ".".--FENCE (TYPICAL) ••, ~llfE'--=;==:~=.."\" I:--.-I, • --j.--\------., ••••••••.. • SHEET 1 of 1 llESlONl!O:MAl DIlAWN:.It./lT REYlE~J! "-c .lOIII.:15 D..1(,11f"'"i SANDY LANE IMPERVIOUS CA!..CVLADOHS ~-fOTlt.-.r .7t,Dn ..,..• (:::~~)M,JI1 U. •_~.,•.nt$.!', w:s IIWlWIOIW.ClI£lllT.lo.2...u I."(~ U!'tlfolt.-..s -1&".21-2 SF.•__000\.-.r ."'.'4 U. lO'IAL -..s .......',",000'.2 !lJ_ fQIE;.APP1tOXIIolATE NI£..liS FROM olER\,lr,l loW'S NO TOf'OGIW'HIC SURVEY WAS f'EIlFtIRWEIl. lv....iii (),_"- -- POTATO PATCH CREEK PARCEL -----.._--"--=--~'- DRPATCH ------~/ POTATO PRIYATE DRIYE FOR POTATO PATCH CLUB ---------- ,, (~" ~I I ~-,-\ ~-\-....-\~~~--~--\ I \ I IENNISCENIR .----.<------er---------------·'------·,---=K=--== ....-_........... ~~= ·•, • I " •• Department of Community Develnpm.em 75 South Fronrage Road Vail,Colorado 81657 970-479-2/38 FAX 970-479-2452 December 9,1999 Anbur A.Abplanalp,Jr. Dunn,Abplanalp and Mauriello.P.c. 108 S.Frontage Road W.,Suite 300 Vail,CO 81657 RE:Appeal of Del)ign Review Board Approval for Potato Patch Creek (Carnie Parcel)located east of Potato Patch Club Condominiums Dear An: The Town Council,at its December 7,1999 meeting,voted u[]animously to uphold the Design Review Board's October 20.1999 approval with conditions of the PeLata Patch Creek development plan.The Town Council made the findings: 1.That the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations)have been met. 2.That the conditions imposed on tbe approval are adequalc Lo protect the interest of the Appellants and tbe Potato Patch Club Condominium Association. If you have any questions.please call me at 479-2148. Dommie .Mauriello,A[ Ch ief of Planning o II.I.'CY(:U;Dl'APER • 12..Q6..J999 Mikell Holding Comp.and Ltd.and Rican lnvestment Compo Ltd. Y.Karl H.FBuland POBox 4261 Vail,CO 81657 Town of Vail,Communil)'Development Department 75 South Frontage Road Vail.CO 81657 • Re.:The appeal to the Design Review board for approval of a proposed 5 dwelling unit development plan, Located to the east oflhe Potato Patch Club and north of Sun vail on an unplatted parcel Dear Community Development Oepanmenl. After review ofthe proposed dC\'clopmem plan,the owners of74O A &B Sandy Lane,Vail have asked me to raise the following concerns for consideration by the Design Review Board. •Acc:ess to the property for Emergency vehicles on turning road radiuses •Not enough parking for visitors without blocking common roads •No turnaround for construction vehicles •The use of a driveway for Firetruck turnarounds •Landscaping screen 10 the north of property is insufficient For tbe above reasons,the owners of 740 A &.B Sandy Lane feci that the project is to complex for the site and should nOl be approved by applying minimum standards. Sincerely, 2f'~LJKarIH.Faulan~~ Pmpen)'Manager Date Receive\ DEC 07 1999 •Hl99 OTTEN,JOHNSON,ROBINSON,NEFF &RAGONETTI,PG. ATTORNEYS AND COUNSELORS AT LAW 950 SEVENTEENTH STREET SUITE 1600 OENVER,COLOR....DO 80202 RANOAI.I.G.ALT DIR£CT DIAL (303)575-7548 RA1T@OJR,....R.COM By FACSIMILE AND U.S.MAIL Robert Thomas Moorhead,Esq. Vail City Attorney Vail City Attorney's Office 75 South Frontage Road West Vail,Colorado 81657 TELEPHONE 303-825-8400 F"AX 303-825-6525 December I,1999 Re:Interpretation of Condominium Declaration and Governing Documents Relating to The Potato Patch Club Condominiums!Authority of Association Board to Grant Easements Dear Mr.Moorhead: I have been advised by Dr.Thomas J.Gargan,President of The Potato Patch Club Condominium Association (the "Association"),that lhe Town of Vail has requested a letter from this firm,as counsel to the Association,describing and supporting our interpretation of the governing documents of the Association allowing the Association Board of Directors to grant and convey to Michael 1.Lauterbach (or his affiliates and/or assigns)an easement for ingress and egress over certain general common elements located within the Potato Patch condominium project subject to the terms and conditions set forth in that certain Joint Resolution Adopted by the Board of Directors and Members of The Potato Patch Club Condominium Association,lnc. dated on or aboutJuly 2,1999,a copy of which is attached hereto for your ease ofreference. It is my understanding that certain members of the Association are challenging the Association's authority to grant the proposed easement to Mr.Lauterbach.Apparently,some of these members arc represented by Arthur A.Abplanalp,Esq.As more particularly described in a letter from Mr.Abplanalp to Messrs.Forrest,and Mauriello of the Vail Department of Community Development dated August 17,1999,also attached for your review,Mr.Abplanalp's clients believe that the subject easement "may be grdIlted only through an amendment to the Declaration and by conveyance of the easement by all owners,each of whom has an undivided interest in that property."Later in such correspondence,Mr.Abplanalp asserts on behalf of his clients that:"The ppe Association owns no part of the land which is proposed to be affected by the easemenl.In the opinion of a number of owners,the Association can grant no right to land which it does not own."The purpose of this correspondence is to provide you with our • Robert Thomas Moorhead,Esq. December I,1999 Page 2 • interpretation of the governing documents for the Association and to refute the claims made in Mr.Abplanalp's correspondence. The governing documents of the Association clearly provide the Association Board of Directors with the authority to sell or transfer all or any part of the common elements of the Association (including the power to grant easements over the common elements of the Association),as long as at least 67%of thefirst mortgagees (based upon one vote for each first mortgage owned)and 67%of the then owners of the condominium units within the Association have given their prior approval for the granting of such easement,despite the fact that the Association is not the record owner of such common elements. While not intending to bore you,I feel that it is important to cite for you the specific provisions contained within the Declarations and the Bylaws of the Association which allow the Board of Directors thereof to grant easements,such as the one proposed to Mr.Lauterbach.TIle following paragraphs briefly summarize and discuss those sections of the applicable governing documents ofllle Association which are pertinent to this matter. Section 3.8 of the Declaration defines "general common elements"to include yards,lawns,gardens and streets;such community amenities designated as general common elements on the maps of the condominium;and all other parts of the condominium project necessary or convenient to its existence,maintenance and safety,or normally in common use.I believe that even Mr.Abplanalp will agree that the proposed easement crosses only areas of the subject property which are considered to be common elements. Sections 2.1,7,8 and 9 of the Declaration provide that each owner of a condominium unit owns,as a tenant in common with all other owners,an undivided interest in all of the common elements.The ownership of such undivided interest in the cornmon elements is appurtenant to the ownership of the condominium unit.As a result,all owners of condominium units are tenants in common,each with an undivided interest in and to their proportionate share of the common clements.In addition to the above,the Declaration subjects the Potato Patch Condominiums to the Colorado Condominium Ownership Act,Colo.Rev.Stat. §38-33-101,e1 SflJ,...(the Potato Patch Condominiums have not adopted CCIOA).Colorado's Condominium Ownership Act states in §38-33-102 that.all condominium ownership in Colorado is deemed to consist of a separate estate in an individual air space unit together with an undivided interest in the common elements of the condominium project,and further that the undivided interest in the common elements is appurtenant to the individual air space unit.Thus,with respect to ownership interests in general commonclements,the ownership ofa Potato Patch Club condominium unit does not include any rights which are in excess of those granted to any other condominium owner in the State whose rights are governed by the same statute. • Robert Thomas Moorhead,Esq. December 1,1999 Page 3 • Notwithstanding the common ownership of the general common elements, Sections 12.1 and 34 of the Declaration provide that the interests of all of the owners of the condominium units are governed by and subject to the Declaration and the Articles of Incorporation and the Bylaws of the Association.These Sections also state that the terms and conditions set forth in the Declaration.the Association Articles ofTncorporation,the Association Bylaws and the various Association rules and regulations are deemed to be accepted by all of the owners and mortgagees of such condominium units,and are declared to be binding upon each such person or entity without the necessity of inclusion of an express provision stating the same wilhin the instrument of conveyance or encumbrance with respect to the condominium unit.As a result.all interests of all owners of each of lhe Potato Patch condominium units are governed by and subject to the Association's governing documents,including but not limited to all terms and conditions set forth in the Declaration.Therefore.despite the fact that each condominium owner is a tenant in common with all other owners with respect to ownership of the general common elements,such ownership interests are specifically subject to the terms included within the Declaration and the governing documents of the Association,including each of the following prOVISIons. Section 16 of the Declaration grants to the Association the responsibility for the operation of the common elements. Section 6.12 of the Bylaws of the Association delegates certain powers to the Board of Directors of the Association.These include,but are not limited to,the following: A.The power to administer and enforce the covenants,conditions, restrictions,easements,uses,limitations,obligations,and all other provisions set forth in the Declaration and the Colorado Condominium Ownership Act (§6.12.S); B.The power to enter into contracts,to carry out the Association's duties and powers (§6.12.9);and C.The power to exercise for the Association all powers.duties,and authority vested in or delegated to the Association by the governing documents of the Association and the Colorado Non-Profit Corporation Act (§6.12.15). Section 26 of the Declaration provides the Association with the power to dispose of real and/or personal property by sale or otherwise. Finally,the dispositive provisions relating to this matter are set forth III Sections 18.3 and 18.3.4 of the Declaration,which state as follows: • Robert Thomas Moorhead,Esq. December I,1999 Page 4 • 18.3.Notwithstanding any other provIsIon of this Declaration to the contrary,unless at lenst 67 percent of the first mortgagees (based upon one vote for each first mortgage owned), and 67 percent of the Owners of the condominium units have given their prior written approval,the Association shall not: 18.3.4.by act or omiSSion,abandon, partition,subdivide,encumber,sell,or transfer the common elements (the granting of easements for public utilities or for other public purposes consistent with the intended use of common elements by the Project shall not be deemed a transfer within the meaning of this clause). Based upon our review of the above-referenced terms and conditions set forth in the Declarations and Bylaws of the Association,and those terms and provisions set forth in the Colorado Condominium Ownership Act,we have advised the Board of Oirectors of the Association that they are vested with the power and the authority to act on behalf of all members of the Association as more particularly described in the Joint Resolution attached hereto.We believe thaI Ihe Association,acting through its Board of Directors,has the authority to grant the easement in question if the Board obtains the approval of at least 67%of the first mortgagees (based upon one vote for each first mortgage owned)and 67%of the current owners of the condominium units.We have advised the Board of Directors,for their protection,to obtain the above-referenced authority in writing from such mortgagees and owners.However,upon receipt of the requisite number of approvals,we have also advised the Board of Directors that the Association has the power and the authority to enter into this transaction subject to the tenns and conditions set forth in the attached Joint Resolution.Simply put,the Board of Directors has the authority to grant the subject easement on behalf of the Association without obtaining the unanimous approval of all of the owners and all of the mortgagees.Further,I am not personaJly aware of.am:condominium association in Colorado which would require.all owners of undivided interests in the common elements to approve and execute an easement across such common elements.This simply is not how most condominium associations are set up;and the Potato Patch Club is no different. If you have any questions or comments concerning any of the matters discussed herein or any documentation enclosed herewith,please do not hesitate to give me a call at the direct dial number referenced above on the letterhead.I am hopeful that this correspondence adequately explains the position of the Association with respect to these issues.Should you • Roben Thomas Moorhead,Esq. December I.1999 Page 5 • require copies of the Association's Bylaws,Declaration or other governing documents,I will be happy to provide them upon your request. Sincerely, ~--11.Qj;f-- Randall G.AIt for OITEN,JOJ-INSON,ROBINSON, NEFF &RAaONETTI,P.c. RGA/gm 442871.1 Enclosure cc:Tom Gargan •• JOINT RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS AND MEMBERS OF THE POTATO PATCH CLUB CONDOMINIUM ASSOCIATION,INC. WHEREAS.the Potato Patch Club Condominium Association,Inc.(hereinafter referred to as the "'Association")is currently a party to certain litigation initiated by John A. Carnieand Joan T.Carnie (the "'Carnies")requesting the condemnation of a certain easement over property owned by the Association in order to obtain access to a landlocked parcel of land located adjacent to Association property and currently ovmed by the Carnies (the "Carnie Property''). WHEREAS.the Association has been advised that the Carnies may desire to sell their property to MJL Development Inc.and/or Michael1.Lauterbach and/or their assigns or affiliates (hereinafter collectively referred to as the "Potential Purchaser"). WHEREAS,initial discussions have taken place between authorized representatives of the Association and thePotential Purchaser concerning the purchase of the Carnie Property and the possible grant of an access easement over Association property by the Association to Potential Purchaser. WHEREAS,the Board of Directors of the Association have reached a general understanding with Potential Purchaser regarding the process by which Potential Purchaser could obtain an access easement from the Association at an agreed upon location if Potential Purchaser actually obtains title to the Carnie Property. WHEREAS,if Potential Purchaser obtains approval of the Town of Vail (and all other governmental entities with jurisdiction over the subject property)for Potential Purchaser's development plans and specifications (the "Plans and Specifications'1 with respect to the Carnie Property,the prospects of a transfer of title to the Carnie Property to the Potential Purchaser are greatly increased. WHEREAS,in order to obtain approval of the Plans and Specifications for the development of the Carnie Property,Potential Purchaser has advised the Association that Potential Purchaser requires a letter of intent from the Association agreeing to grant to Potential Purchaser an easement for ingress and egress over Association property to the Carnie Property at the location specified in the Plans and Specifications. WHEREAS,if Poteotial Purchaser is able to acquire the Carnie Property and obtain from the Association the easement for ingress and egress more particularly described herein,the litigation filed by the Carnies with respect thereto could be dismissed and the Association could be released from the obligation to defend such action. WHEREAS,on June 4,1999 the Board of Directors of the Association adopted a resolution (by a vote of six to two)recommending that the Board of Directors bring to the owners and members of the Association at the annualmeeting,a resolution authorizing the Association to pursue the matters more particularly described herein. •TO •13038256525 P.02 NOW THEREFORE,BE IT RESOL YED AS FOLLOWS,in accordance with Section 18.3.4 of the Condominium Declaration tor Potato Patch Condominiums: 1_The Board of Directors of the Association is hereby authorized to grant an easement for ingress and egress to Potential Purchaser upon satisfaction of all of the terms and conditions therefor set forth in this Resolution. 2.The grant of the subject casement for ingress and egress (the ;°Easemcnt'') shall be subjeot to the satisfaction of each and every one of the following conditions by Potential Purchaser: (a)Acquisition of the Carnie Property by Potential Purchaser; (b)Final plat approval by the Town of Vail of the Plans and Specifications for development ofth~Carnle Property (the "Development"); (c)The Development shall contain no more than five (5)single family residences and shall not exceed 3,500 square feet GRF A.developed and builI in accordance with the site plan attached hereto; (d)A 30 foot setback from the Association's east property line shall be established in the Plans and Specifications and maintained by Potential Purchaser; (e)The Easement shall not be more than 25 feet in width,and the turning radius of the Easement within the Association property must be approved by the TO\Nl1 of Vail Fire Department and the Association Board of Directors; (f)The vvritten evidence of the Easement must provide that all costs of surveying,complying with Town of Vail planning requirements,all construction (including road construction),landscaping and rounding of the entrance,as well as the restoration of any Association property which is altered or damaged during construction, shall be borne solely by Potential Purchaser; (g)Potential Purchaser shall,upon execution of the formal docwnentation of the Easement,pay 10 the Association the sum of $,250,000,which shall be allocated by the Association as condemnation award damages as specified in Section 33.4 of the Condominium Declaration for Potato Patch Club Condominiums; (h)The written docum~ntation of the Easement shall contain,or coincide with other documentation extcuted by the Association and Potential Purchaser, a full settlement of the Carnie litigation with prejudice; (i)The Easement shaJl not be granted until s.uch time as Potential Purchaser has ~btained fee title to the Carnie Property; G)Upon issuance of and in conjunction with the execution of a letter of intent to grant th~Easement to Potential Purchaser by the ASSQ<:iation,the Carnies must agree and stipulate to a reasonable continuance and vacation of the trial date and 2 FUG-05-19'3'3 09:413 FROM VAIL HJME RENTIl....S.1l'C.•TO •13038256525 P.03 abat~ment of all legal proceedings in the current condemnation litigation..pending completion of the Town of Vail pi arming process with respect to the Plans and Speci fications of Potential Purchaser for the Development. FURTHER RESOL VED,that the Board of Directors of the Association is hereby authorized to issue a non·bindlng letter of intent to the Potential Purchaser ~"Pecifying the parameters and limitations with respect to the Ea"iement set forth above and any other limitations andJor conditions required by the Board of Directors or counsel for the Association for thc possible grnnt of the Easement to Potential Purchaser.Such letter of intent must contain an acknowledgment by the Potential Purchaser that the issuance of the lener of intent and the ex~ution of the Easement shall in no way be construed to he an approval by the Association (or any of its members)of the Development or the Plans and Specifications,and that all members of the Association and the Association itself res~rve all rights to participate in <U:Jy Town of Vail planning process relating to the development or the Carnie Pmpt=rty.Potential Purchaser must further acknowledge that certain members of the Association may be opposed to the grant of the Easement and may actively participate in such Town of Vail planning process. FlJRTIiER RESOLVED,that "';thiu Ute limitations and parameters set furth above,the Board of Directors of the Association shall be and is hereby authorized,empowered and directed to negotiate,execute and,as necessary.record the ab.ove-described letter of intent and the ftnal definitive wrinen Easement in conjunction with counsel for the Asoociation.and to negotiate a ftnal settlement of the Carney litigation,......1th prejudice,a...of the result oftbe grant of the Easement. FURTHER RESOLVED,that the Board of Directors is and shall he authorized, empowered and directed to explore [he possibilily of t.'Teating a sub-asoociation with respect to the fmal approved development of the Carnic Propeny for the purposes of: (a)sharing the COSt of maimenanee,repairs and snow removal for the Easement; (b)access to and appropriate cost sharing in the maintenance,repair and capital improvements to the C()mmlln demenlS of lh~Association.including the tennis courts,pool,spa and he~lth c1uh;and (c)to amend the Condominium Declaration for Potaro Patch Club Condominiwns tu include the above-described provisions,s.ubject to the approval of the owners and mortgagees of wtits within the Association as required by such Dt:claration, with such oUler terms and conditions contained therein as may be required by the Board of Directors and counsel for the Association as appropriate. 117m I 1.CJ\LT Q"~l J)"....3 •TO •13038256525 P.04 The undersigned,as President of the Association,hereby certifies that the Resolutions contained herein were duly adopted and approved by the Board of Directors and the members of the Association at the annual meeting of the Association conducted on July 2,1999 and the subsequent Board of Directors meeting held immediately thereafter. Tr~.X.~~ Association Approved and accepted this --?...day of~~""~;v-:;2:-_ 4 •~__........'.'....,v",...."....C I"';l:N1ML..::I.INL..IU 13B.38256525 .llIrlt-M D:Q'"'r~.lIP\..4IALJI 'WWlIIlLIJI .n.IIMIII ••-.......- ..<'-0..,....~UNN,A."LANAl-P &MAURIELLO,p.e,II __._ P.'"._. '- -l"'""...au ... ~""~""".a....._-- ~l.__O"we.---..lIauff ..."........~ ~__IC DuM,DHlG Ie.5ou1'II "1lI0"~RGoolI..,....,......,.."'1..C~-.ao .1"" 17 Au,urt 1999 TC.aPoIOfro r. c.1'OJ .'."0300 ~"""-I:: IS'Ol "'''0.4'U ~--............_dl_-... ~...O~N".<~ .-..~..__fCloa.CUr. '~.'" Mr.Jussel110uen M:t.DomInic MGridlo ~_ofCnmiDnMlyD~ Tawuol'Vail 111 Soad1 Fromase load War Vall CO 81651 lie C~Project.Poc:am Pm:h Cleek De81'RuA and IIomInfc: Its 70Il an --.O'lI'FimI_bc=....~tD asilftIlaml!Iu....rmem Gnlup and Mr.IDd MIs.Geaqe lft/."d,me _&is ofUalls 11 and 16,Pobtto PaIic:h ChIb•. ,......u"l'dT.ill UIIOCjatim11Vidl cocsldcrcim>b7 the T"""1 of Vall of the p"..lble ~ear tit the land IIIIja<:ellt to aDd .....01 t2Wr prupel'tle5.'I!w:land !J au 1lD?bmed parcel <WnllII1 b7 Mr.aDA u.s.101m Cmrie TIle p"'M11Ial dftalapa 1& Mic!nyoJ LauratIac:IL l1>c pnlpCIIIld IWII8 far die proj«l:ill "7oca<u 1'aD:ll Creek.• ThIs !mer is !nrellcJed II)fo11tJw up CIII our rsillw of tha 1IUIIZl'ialsnbmitted to 1futT_byMr.l.ahlerliadlmdocmy cnnftiaxewUhlbal c)luh.121hofAl1glla. We baft identit'~a!!ttJrJJe otamhlpilles aor ea_.bI tlle _leila!~I"'"'trtedto !he T09ftI,aDd It wrmllaJpclrl:am 1:Il3t thoube dazIfle4 or .....ecm4 'DIe PI"'bh=area an:the lbIIawlnr. 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Jf!:ti'Jf~~lfl~tl iJ;fi:fJff li;iii!;~J~i fl"tl!§f Ii f[ill.[lt l II.S ]r, .."'lallj I II"'!i III i'~~lt~r~I jh ~ iif!I!II"liiill ~lli:iif!llfl~l!i;l; ~ J• ••I ,reli I: •I!: §I·,L, I, I, 1 .1< ~-.. i~ :~,'":ill, ..,·:~ --.---...~",-,v"....'.....,.;;"c:,I"....l..::J.11"1...IU AlIrlt'.UI:lI..I'~~.._l.~"".'.-.•.••13038256525 P.as•• '-~cL 5ealDn 2.e.of tbe .J'NCllmfoa prarided..to til.Town of Vall JI'O"Ides tllam,y poasIbJe an:of...eale,,'"brtlla.~oc:f:arjOl1 .Is .""dta.l!d lIpOIl tbe appranl~.AMac:I.ztbloftlla tJI",;'.. ~propolOlCl.11lc CIInIlDr rlIIlms W!IIdl Is desailled on tilep-=-me 'emil ........uw.l1 u aIIdDs pal'i n ..m.d 1:10 un!fkdy dJa It wuaI4 be ~by die AaoC....... <:ana!DIy nlcll "PP"0.1Ii comnoc bo presIIJILelI. 2.'l1Ia pIaI:o... b. The maps provided.to the TOWII sagMt tIIa dl8nl1J IIIl "r:xjoting rlabtolTft!/"wIIIch ~to be 4O-lieetwfde.'1'Iwe 10 110 sad1 "eeiorinCIilht-ot,war."InlXr"m-IsIlO~.tan.As •porUam oldie we coadaallDIum map wbich ",:"u"lhUlMsthl.t 1m.hilUm.....1;md.w!lla:b is lD be 1drcted.by tIIIJ "i"nwo 'I is siDIp(y.-nI __eremem -..d,in 1lZIl!Iolded.iutac:szs, ~~Q)Odai"I,,;um_.The PPC.-u-'atioua "-DO pIIrt oldie land wIdd1ls propc ,ac!tD be dhaed ~m.__In me opizd.oD.ot.=nnlwr 01--.1110o ..............caD pam no· dPt 10 1aad ~It dDa DDt......In iDIT evem,duI mapa snppIledtodulT__in .........iA~3Jl .........ngbr ot~wIddI do..DOt aI& The ....~10 tbe TQWII.S1IIIat tIIal:~b aeesambc!aftel1PPC UII!ta 11 iIDod 12,iIDod __at all em.norIIIast lIfthc 'E1".'"of rile plo,....ed 1IeW:r0a4.In fact,this .....baa at Ioacsill m pia<:t:r-,all olwbichbaftbelll1prorwled.~ die P1'C own.on:aDd would he e1jminuM lX',t1InJqIl tM IiIDod oIIatwtt-:e,k1IIed.If a .-I WIft pel'1IIlu.d l!Irolqb the we propexty a dII:s poiIlL We 'Will !lave pblll"iiapho of thes._ anDaMe til JOIi ~a6:a this Jeua Is 'd'·"';""M JDtlI! tbaiY da DOl:aroou''lWIJ It. S!lMrG-1 attlleplfts ...Ivn!tted <JJl dul4t11 of AaIaJt urewpl to !daldfr a ..,r.JtIog 110 wtlat is,iA facto aD!DaoIIIIlla pro~nc p;open:v in CJWlIllml Ia DOt 8l1bject 10 G:e 8CMc:+.A1tIIou&b .... 1 ••Hlcp\lIas"".,.,1IO 4sI11'.J!ze audI:aulllzlc area at l!Ie 1M!ill"""oltlle _l'GOId,tlleprC!pOied.MiJoafoa Is CIIlWUIisable. '1'lla ~e4 de;lp •lim rzadtwUI be ahJe1lO ...... lit a !"I •..,.,wbeft l2IlI WI!I a1m_'*'I3lu1r be pm+wIlI1 tl'OIIl at ..lat:IlI'O of VIlit No....__DO proWdoD fm tile pu_at 3 • _.-..~..-_..,_.."• ',.., .-' ocher ~-...IIicla,_aUcrws DO roam lbr ermrlu a cnsa ..~...tlnn VIId8r md1 dmluunaDc:es,a fire ~>wouI4 thr_'.'Ulotoaqthe1'l!!Slc!ellcaOllthe~ptO;ea, baI:au:(1_1'I!!Sldences,u well.ilIIs cilaD""'C't 40et IICt appez II>be elM wllidlla nlIJc<:Z lID reso!gtj..... a.'11Ia Town IIu appropd....ly jdeuffl_IDlUl:1 of the Ipu..mol .NqUlIe II ......zdated al tile PrqJect.How"ie,aD!"1le dl<»e .,.. ..icallrcllls (iD<:lud1nftholereteucco ~)whidu",la..not to the C'lmfe plOpen)'.but til the we prop",,!.~.It ahoaI4 be ..."Ihl-'1hlIl:the PPC pzu.....1;j>to PD\'lUId.pat=!.of the pmpooal,8Dd tile propo-lIl,as a 1iIIIIIe.ah.ouI4 DOt _ b ward 1dduNt the approval tJI the _~of the noaI ....... ll4'e 'e,I.e.,d1a·ow.....oflfle r-al cnmmm "'-=-ofilia PPC. b.fA l'8qIIlJfDr IIIe COI"_of !:he GWII8a at die PPC,it obDaId be baru iIlmiad'lbr tMOiftIIIl?ofthep::ural.UftlrAOD..terr.ncs ia' not1M PPC Aaloc:Ianou,lrutthe ow ...cleadl C"C!D4amioi'rrn 1IIIIL TlMra aie a mnnbel'ofocher CiOU"""""l'I!!!aJI!d ,,>tbe Camlett.aan:h<:hprojea; but me-'demjii.lIIlo..S"anJd be fn!!cIamevallssul!!ls =-tile TOWI1 at dIia eattr !13glI!of W proceediDp.I'D lIY to ...lM'iJahIe to dbom wid!you my isIll-..of the ~_bedlpsopaealwtddI you feI!!1 wamam:fmt:bc:dJIc!!..son,mc!ad!ngbtn IIIlt lIIIIIted lD m-IIllllOCIIboftI. 'I!mDk 1V'lI1iar JOar Cll'ttul!~11ISS!staDcfolD lids m.',er. .\RIwr A.AbJilaD.IL1J %I::DoaM hN""'14I!f GroapIMr.md Mrs.a-p IreI:uld • MEMORANDUM TO:Town Council FROM:Community Development Department DATE:December 7,1999 • SUBJECT:An appeal of the DesignReview Board's approval of a proposed 5 dwelling unit development plan.located to the east of the Potato Patch Club and north of Sun Vail on an unplatted parcel. Appellants:Dome Investment Group and George and Elizabeth Ireland, represented by Arthur A.Abplanalp,Jr. Planner:Dominic Mauriello t.SUBJECT PROPERTY The ~Camie Property,-an unplatted parcel located east of the Potato Patch Club and north at Sun Vail (see anached map).The proposed development is tilled "Potato Patch Creek." II.STANDING OF APPELLANT The Appellants are individual owners of Unit 11 (Dome Investment Group)and Unit 15 (Ireland) in the Potato Patch Club.The Potato Patch Club is located adjacent to the proposed development just to the west.This appeal was filed by individual unit owners and is not on behalf of the Potato Patch Club Condominium Association.The Association is in general approval of the approved plan. til.BACKGROUND List of attachments: Exhibit #1-Appellant's appeallorm Exhibit #2 -Reductions of approved plans Exhibit #3 -Notice to adjacent property owners and location map Exhibit #4 -Potato Patch Club Resolution The Development Proposal The following is a summary of the background on this proposal and appeal.The applicant,Jack Carnie,represented by Michael Lauterbach (Mr.Lauterbach has the property under contract to purchase),filed an application for a Minor Subdivision with the Community Development Department on July 12,1999.After reviewing the items submitted,the Community Development Department (hereafter Wstaff")informed the applicant that he had filed the wrong application for the development approval intended.Since the property is zone RC,the applicant will be developing the project as a Town House plat.This requires an approval of a development plan 1 •• before the platting process can take place.The applicant then submitted a Design Review Application on August 24,1999. The application submitted was for the development of 5 single family homes on a 59,500 sq.ft. parcel of land (Potato Patch Creek)zoned Residential Cluster (RC).Residential Cluster zoning allows the development of single-family,two-family and multiple-family dwelling units.The allowable number of d'Nelling units on the property is 7.5 dwelling units based on a density of 6 dwelling units per acre. The project is accessed through the Potato Patch Club along an existing driveway.It was identified that this driveway,due to the increase in use by the Potato Patch Creek proposal, would have to be upgraded (widened in certain areas)to allow access to the proposed project. The applicant's submittal included a resolution from the Board of Directors of the Potato Patch Condominium Association (see exhIbit)indicating their intent to approve this access and related improvements. A notice was mailed to adjacent property owners on July 29,1999 (see exhibit).ThIs was a courtesy notice and is not required by law.On October 6,1999 the Design Review Board reviewed the proposal as a conceptual review and on October 20,1999 the Design Review Board approved the development proposal subject to four conditions: 1.Prior to the recording at any plat or construction on the Carnie property,the owner/applicant shall secure legal access through the Potato Patch Club property via an access easement or similar Instrument. 2.Prior to the recording of any plat or construction on the Carnie property,the owner/applicant shall obtain written approval from the Potato Patch ClUb Homeowner's Association for completing driveway/access improvements (I,e.,paving and grading)on the Potato Patch Club property. 3.Final civil engineering plans must be approved by the Town Engineer for the access road prior to application for a building permit. 4.The approval Is specific to the Carnie property and does not extend to property outside the subject parcel. On November 10,1999,the Community Development Department received a Design Review Application from the Potato Patch Club Condominium Association,Inc.to construct the access improvements discussed above.No approval has been issued for the access improvements as additional information is needed to approve the application. IV.NATURE OF THE APPEAL The specific language of the appeal is attached and should be relied upon as the statement of the appeal.The following is a summary of issues prepared by Town staN: 1.The approval of the development plan constitutes a public safety hazard endangering the property of the Appellants. 2.The approval allows development without adequate review and consideration of the impacts on the Appellants and the Potato Patch Club in general. 2 •• 3.The approval 01 improvements on the access through the Potato Patch Club is without the consent and approval of the Appellants or the Potato Patch Club. 4.The plans upon which the Design Review Board used to make its approval are inaccurate and incomplete. V.TOWN RESPONSE TO THE APPEAL The Community Development Department has prepared the following analysis in an attempt to answer the appeal. The applicant provided complete and adequate plans for reviewing the proposal.While the application did not include an absolute approval from the Potato Patch Club it did include a resolution stating the Association's intent to provide an easement across the Potato Patch Club property.Since this resolution did not actually grant an easement,the ORB placed two very specific conditions requiring that an easement be obtained from the Association and that any improvements to the Association's land be approved by the Association.Therefore,if no approval is given and no easement is obtained.the approval becomes void. Since the date of the Potato Patch Creek development plan approval,the Town has received an application to complete the required improvements to the access on the Association's property (paving to widen driveway).This application is signed by the President of the Potato Patch Club Condominium Association.This application is currently being analyzed by the Town staff to insure that it meets all of the applicable development regulations. Therefore,the issue of whether the applicant has the right to access the property appears to be adequately protected. All of the improvements required on the Potato Patch Club property are the resultof the Town's analysis to insure that the access meets the minimum requirements for vehicular access as provided in the Town's regulations.These improvements will insure the safe access of all parties involved. The plans provided also adequately address the access to utilities for the proposed development. VI.REQUIRED ACTION UphOld/OverturnIModify the Design Review Board's approval with conditions of the proposed development plan for Potato Patch Creek. The Town Council is required to make findings of fact in accordance with the Town of Vail Municipal Code: The Town Council shall on all appeals make specmc findings of fact based directly on the particular evidence presented to it.These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations,Trt/e 12) have or have not been met. VII.STAFF RECOMMENDATION 3 ,•• Staff recommends that the Town Council uphold the Design Review Board's approval with conditions of the proposed development plan for Potato Patch Creek subject to the following findings: ,.That the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations)have been met. 2.That the conditions imposed on the approval are adequate to protect the interest of the Appellants and the Potato Patch Club Condominium Association. 4 TOWNOFVAlL •• REQUIRED FOR FILING AN APPEAL OF A STAFF,DESIGN REVIEW BOARD OR PLANNING AND ENVIRONMENTAL COMMISSION ACTION A.ACTIONfDECISION BEfNGAPPEALED:Approyal of a project known c\s the Lauterbach/Carnie Project,also known as the Carnie/Lauterbach Project and as Potato Patch Club,by the Town of Vail Design Review Board on the 20th of October,1999. B.DATE OF ACTIONIDECISION:_,,2,,-0_Ouc=toabaeeLr--J.1:<9:<9:<9 _ C.NAME OF BOARD OR PERSON RENDERING THE DECIS10NrrAKlNG ACTION:_ Town of Vail Design Review Board D.NAME OF APPELLANT(S):Dome Investment Group George &Elisabeth Ireland c/o Paul Hoff Suite 3650 3800 East Long Road 1700 Lincoln Street MAILING ADDRESS:Littleton CO 80121-1914 Denver co 80203 Unit II Unit 15 Potato Patch Club Condos Potato Patch Club Condos PHYSICAL ADDRESS IN VAIL:950 Red Sandstone Rd,vail J{K0N5:950RedSandstoneRdVai: Telepbone:(303)689-9800 (303)830-2171 LEGAL DESCRIPTION OF APPELLANT'S PROPERTY IN VAll: .Un1t 11,Potato Patch Unit 15 potato patch Club Condominiums E. Page I 0£2 DUNN,ABPL'",·,LP &MAURIELLO,P.C. WestStar ildnk Bldg.Sle.3OO 108 s.Fronlage Rd.W. Vall,CO 81657 •• F.Does this appeal involve a specific parcel of land?-,Y"e"s,-__lfyes.please provide the following information: are you an adjacent property ownc:r1 Yes ~no If no,give a detailed explanation of bow you are an "aggrieved or advasely affected person.""Aggrieved Or adversel.y affected person"means any person who will suffer an adv~effect to an interest protected or furthered by this title.The alleged adverse interest may be shared in common with other members of the community at large,but shall exceed in degrGC:the gencml interest in community good shared by all persons. Appell~nts are the owners of specific ~ondominiums and the owners of unaivided interests in the general common elements of the Potato Patch Club,which adjoins the property which was the subject of the action from which this appeal is being taken.The approval of the project,and its possible development,constitute a public safety hazard endangering the property of the Appellants and would permit the development of the subject property without adequate review and consideration of the impacts on the property of the Appellants and the Potato Patch Club in general.The approval would also permit the development based upon access through the Potato Patch Club for which no standards have been established am regarding which there has been neither consent by the appellants 0 the other owners of Potato Patch Club nor any analysis or review of the impact of changes to the Potato Patch Club in association with that access.Further,the plans upon which the Design Review Board relied,in association with conditioningapproval upon access through.the.Potato Patch Club are inaccurate,incomplete and unab~e to accurately understand the impact of the proposed project or the condition imposed upon the property of the Appellants and the Potato Patch Club as a whole. G.Provide the names and addresses (both person's mailing address and property's physical address in Vail)of all owners of property which ace the subject of the:appeal and aU adjacent property owners (including properties separated by a right-of-way,stream,or other intervening barriers).AJso provide addressed and stamped envelopes for each property owner on the list. H.On separate sheets of paper,specify the precise nature of the appeal.Please cite specific code sections having relevance to the action being appealed.. I.FEE:SD.DD Page 2 0[2 .-,.. •• JOHN W.DUNN oIoRTHUIlt ••AIlPLAHA1.J';Jill. DlANt HCRNAN NAUAI[LI.D CAJllltlC HCNOON O'NtIL or-CO""SCL. JERRY W.HANNAH Town COlmcil Town of Vail Vail,Colorado LAw OI"l"IC£S DUNN,ABPLANALP &MAURIELLO,P.C. WC$TSTAR SANII.BUILDING 1015 SoUTH FRDNTA,GE:ROAC WeST SUITt .)00 VAIL.COl-ORADO •••57 27 October 1999 TEL£PHON£: (970)476-0300 ,....CSIMII.£: (970)476-476e. e-fT'IliI:_ll"d....a.r.t l:[lInrKO u;......_.......... KARt'"....DUNN,Cl.AS .JANICE 1<'SCOF'CLD.CL'" Re:Appeal of Town of Vail Design Review·Carnie/Lauterbach Proposal This Firm represents Dome Investment Group (the owners of Condominium Unit II,Potato Patch Club)and George and Elisabeth Ireland (the owners of Unit 16, Potato Patch Club).Each of our clients is also the owner of an undivided interest in the common elements of the Potato Patch Club.Our clients arc,therefore,owners of property adjoining that which is the subject of this letter. We have previously provided the Town with our letter of the 20th of October, 1999,advising the Town of our client's appeal of the decision of the Vail Design Review Board of that date related to the project sometimes known as Potato Patch Creek,and which is proposed by John A.Carnie and Joan T.Carnie,as owners,and Michael Lauterbach,as applicant.A copy of the application and the record of the decision of the Design Review Board accompany this letter. The purpose of this letter,together with the copy of the letter which is attached and which was provided to the Design Review Board,is to supply the information requested through the Town's "Appeals Form"to which this letter is attached. This appeal is being filed on the basis of the following issues: 1.The project involving the parcel owned by Mr.and Mrs.Carnie,requiring and including access across the general common elements of the Potato Patch Club,was presented to the Town as a single proposal,though which the staff appropriately and necessarily recommended requirements to be imposed regarding access.The access offered by the applicant crosses and affects the general common elements of the Potato Patch Club,which are owned by the owners of the Potato Patch Club. •• 2.The applicant was required to submit plans for the project which accurately depict the proposal.Vail Municipal Code,Section 12-11- 4.C.1.a.and d.The submittals by the applicant were erroneous and misleading.Among the errors in this material were (a)the representation that there exists a forty-foot easement by which access to the project property was in place (which is false),(b)the failure to identify trees and landscaping which would be damaged,eliminated or affected by the proposed road project (particularly between the proposed access road and the Potato Patch Club tennis courts),and (c)the misrepresentation that there existed only one post office delivery structure to be relocated.when there are,in fact,four such structures. 3.In processing the application for the Lauterbach/Carnie proposal,the Town staff was required to analyze and determine that access was suitable.Vail Municipal Code,Section 12-11-5.G.The staff appropriately identified a requirement for access.The staff determined that the access which was to be part of the project was to occur across the general common elements of the Potato Patch Club.However,no analysis occurred with reference to the impact of that access on the Potato Patch Club or its owners,which is one of the design review criteria.Vail Municipal Code,Section 12-11-1.D.5. 4.The Town Staff then identified changes which must be made to the Potato Patch Club general common elements,and the applicant responded with plans for changes to those general common elements which again were developed without the agreement or participation of the owners of the general common elements,in violation of Vail Municipal Code,Section 12-11·4.C.In fact,rhe owners of the Potato Patch Club general common elements did not,at any time before or during processing,join in the appiication or participate in the process, with the exception of the involvement of our clients.The joinder of the owners of the Potato Patch Club general common elements in the application was a necessary prerequisite to the consideration of any aspect of this application.Vail Municipal Code,Section 12-11-4.C.1. 5.Although the applicant provided the Town with a resolution of the Board of Directors of the Potato Patch Condominium Association with that representation that the resolution was a letter of intent to grant an easement,a review of that document establishes that it was no more than a tentative commitment to negotiate regarding that issue. 2 •• 6.The Town is required to canfum compliance with the zoning code and subdivision regulations with reference to the project.which included the general conunon elements of the Potato Patch Club.Vail Municipal Code, Section 12-11-4.C.2.With reference to the general common elements of the Potato Patch Club which is part of the proposed project,that did not occur. 7.In processing the application for the Lauterbach/Carnie proposal,the Town staff was required to analyze and determine that utilities would be suitable.Vail Municipal Code,Section 12-11-5.F.Neither the plans submitted by the applicant nor the Design Review Board dealt with utility access at all.The only reference to a utility easement on the plans submitted to the Town affirmatively states that the only access easement illustrated on any plat is undocumented. 8.The Design Review Board imposed conditions on approval of the projected which require changes in the general common elements of the Potato Patch Club.However,those conditions failed to recognize the necessity that such changes comply with Town land use regulations,and no analysis was accomplished in order to determine whether the required changes to the Potato Patch Club general common elements would adversely affect the Potato Patch Club or its owners,on either a practical or regulatoty basis,in violation of the Vail Municipal Code, Sections 12-11-1.0.5 and 12-11-4.C.2.For example,the increase in paving could affect the 60%requirement for landscaping,and the widening of the existing driveway will eliminate existing parking within the Potato Patch club and may either cause the Club to become non- conforming or increase its non-conformity.If there is an assumption that utility lines are to pass through the Potato Patch Club,that is an impact which has been neither identified nor analyzed. 9.The Design Review Board imposed a condition that access be demonstrated prior to recordation of a plat of the LauterbackiCamie parcel prior to recordation of any plat.Although requiring access as a condition of approval of the Lauterbach/Carnie proposal,the Design Review Board did not establish any criteria for the access.It could be a five-foot wide foot path,or it could be a ten-foot wide jeep trail.The absence of consideration of the type of access required and the impact that part of the project on the owners of the Potato Patch Club effectively prevented satisfaction of the requirements of the Vail Municipal Code, Section 12-11-1.0.5,12-11-5.G. 3 •• Other reasons for reversal of the decision of the Design Review Board may be brought up at the hearing before the Town Council,but the foregoing will provide the Council with the general basis for the appeal. The required list of adjoining landowners and stamped envelopes accompany this material.Again,please advise us of the date of any hearing on this appeal.We also ask,once again,that you confirm to us,and advise the applicant,that the approval of this proposal is not final and will not be final until a decision is rendered by the Town Council. Respeet~w"",,-- D NN,ABPLtu..... l Arthur A.Abplanalp,Jr. xc:Dome Invesonent Group Mr.and Mrs.George Ireland 4 • Design Review Appeal -Lauterbach/Carnie Property Owners and Addresses: Owner of tbe Subject Property • John A.Carnie and Joan T.Carnie 2920 Mann's Ranch Road Vail CO 81657 (believed to own fee title) Michael Lauterbach Post Office Box 3451 Vail CO 81658 Owners of Adjacent Property: (believed to be under contract to purchase property) Tract C,VailiPotato Patch Town of Vail 75 South Frontage Road West Vail CO 81657 Lot 1,Vail/Potato Patch Second Filing(744 Sandy Lane) Charles Ragan and Barbara Ragan 744 Sandy Lane Vail CO 81657 Lot 2,Vail/Potato Patch Second Filing(746 Sandy Lane) Mr.Josef Stauffer 100 East Meadow Drive Vail CO 81657 Unit A,Lot 3,Vail/Potato Patch Second Filing (742 Sandy Lane) Betty Guffey 742 Sandy Lane Unit A Vail CO 81657 Unit B,Lot 3,Vail/Potato Patch Second Filing (742 Sandy Lane) Charles Paul and Geraldine Campisi Forest Drive Sand Point NY 11050 •• Unit A,Lot 4,Vail/Potato Patch Second Filing (740 Sandy Lane) Mikell Holdings Co.LTD c/o Karl H.Fauland Post Office Box 4261 Vail CO 816S8 Unit B,Lot 4,Vail!Potato Patch Second Filing(740 Sandy Lane) Rican Investment Co.Ltd c/o Karl H.Fauland Post Office Box 4261 Vail CO 81658 Potato Patch Condominiums and general common elements (Send to condominium association pursuant to Section 12-3-3.C.3.of the Vail Municipal Code) Owners of Potato Patch Condominiums Potato Patch Condominium Association c/o Mr.Larry Barnes,Vail Home Rentals 143 East Meadow Drive -Suite 397 Vail CO 81657 Sun Vail Condominiums and general common elements (Send to condominium association pursuant to Section 12-3-3.C.3.of the Vail Municipal Code) Owners of Sun Vail Condominiums Sun Vail Condominium Association c/o Mr.Kit Williams Post office Box 3655 Vail CO 81658 2 ·' ••Questions?wll the PliUtning St~llr;J,47~'·';j~:'i TOWNLOF::::VAIL~~\APPLICA TlON FOR DESIGN REVIEW APPROVAL GENERAL INFORMATION This applicOltion is for any projCL1 requiring Design Review approYJI.Any project requiring design review must receive Design Review approval prior to submitting for a building pamil For specific information,see the submittal reqUIrement,;for the particular approvallhat is requested.The applicaJ:ion cannot be accepted until all the required information is submincd.The project may also need to bc..rcvicwcd by the Town Council and/or the Planning and Environmental Commi!>Sion.Desi2R Review Board approval expires one year after nnaJ appronl unless a building permit is issued and construction Is st2rtcd. A. $20oMinorAlteration- ..LOCA nON OFl'ROPOSAL'L:OT'---IlLOCK;FILING:'---;------,---- PHYSICAL ADDRESS:I'ltsr Dr &-r/t79 PIf-r(...iI-ct....tJ, PARCEL #:(}f 0 f 0'3 00 00 ?!Contact Eagle Co.Assessors Office at 97o-328-864ll for pan;ei #) ZONING,tZ Co NAME OF OWNER(S):A_0.1-..:Ii MAILING ADDR.ESS;-::-,J."::-,'1-,~"-"-a---,,-,,-,,,-,-,-,-,--,,----,--,,==,-,,,,-,,-'-'2":-:_=;;--:__ V41L 8,'-S .(40 OWNER(S)SIGNATURE(S):--::-:--;-:--:7="-:-,..----,..--:--:------- NAME OF APPLICANT:,_-..!.m.:..!...:.f-=':";.:,4:.:,<j.,:;r:.'-'L.~-=(..Jt:7'-_U"':'-r..::~:.:.~:>.f.3=It-UI,-=-,-_ MAILING ADDRESS;-=-...,.-!;o.~o ~13c.-.,t.3.:t.4:..J£'.L!__-'---"-::-;---;C-;;-7A_ __V.-,-l'rfL.8'":>8 PHONE;_....:4:!.....!:7Co",--""'-'."..:.4-..:.,,"_ TYPE OF REVIEW AND FEE;'iT{-I "''TO C:.Qlf. o New Construction -S200 Construction ofa new building. o Addition -S50 Includes any addition where square footage is added to any residential or commercial building. Includes minor changes to buildings and site improvements.such as, reroofing.painting.window additions.landscaping.fences and retaining wal.1§.etc.___. C. O. E. F. G. H. _..D.- ORB fees are to be paid at the time of submittal.later.whcn applying for a·building pennit.please identify the accwatc valuation of the project.The Town of Vail will adjust the fcc according to the project valuation. PLEASE SUBMIT THIS APPLICATION.ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT.75 SOUTH FRONTAGE ROAD.? VAIL,COLORADO 81657.. •• Design Review Action Form TOWN OF VAIL Project Name:Potato Patch Creek Project Number: Project Description:Development of 5 dwelling units in the Residential Cluster zone district Formerly known as the "Carnie Parcel." Owner,Address,and Phone:John and Joan Carnie 2920 Mann's Ranch Road,Vail CO 81657 476-5140 Architect/Contact,Address,and Phone:Michael Lauterbach PO Box 3451,Vail,CO 81658 476-6944 Project Street Address:East of Potato Patch Club·No address assigned Legal Description:Unplatted parcel located directly east of the Potato Patch Club Parcel Number:Building Name: Comments:See conditions.Conceptual review conducted on October 6,1999. MOlion by: Seconded by:Pierce Board/S1arr Ac1ion Aasland Action:Approval Vote:4-()"1 (Greenauer abstaining) Conditions: Town Planner: 1.Prior to the recordi~of any pial or conslructioo on the Carnie properly,the:owne:r/applitanl s/ulll secun::legal access through the POtain Patch Club property via an access casement or similar instrument. 2.Prior 10 the recorclins of any plat or construction on the Carnie property,the owoer/applicant sh:lU obtain wriuen approval from the Potalo Patch Club Home:owm:r's Association for compkting driveway/access improvements (i.e.,paving and grading)on the POlato Palch Club property. J.Final civil engineering planJ;must be approved by the Town EngiDet:f for the access road prior 10 Bpplication for a building pennit. 4.1bc approval is specific \0 the Carnic propcny and docs not extend to property oUlside the subjeci parcel. Dominic Mauriello Date:10/20/99 DRB Fee Paid:5250 Project Name:Potato Patch Creek •• .101.101 W.DUNN "I'tT"1ull A..l,.ANAl..P,.III. 0'.....[HCIIlo '"......UIlIClLO CARR,[I<[HOOH O'N£ll 00"<;0"..5(1.: JtRRT W.HANNAH L....w O,.,.'CIES DUNN,ABPLANALP &MAURIELLO,p.e. WtSTS,..."BAHK BVILDlNO loa SOUTH F'JlOHTAG£Ro...o Wta, SUiTe 300 V ...,l.COl.:OIIIAOO &1657 20 October 1999 TtL[PotOf'lt: (970)476-0300 'ACSIMllC: 19701476-4765 .lNIi.Wlil~net ""''''''0 .~G.Ol._.......n KARtW ".01,1",...CL.A.S JAMICIE ....SCOFlCI,.D.CUI. Design Review Board Town of Vail Vail,Colorado Re:Town of Vail Design Review Hearing -Carnie/Lauterbach Proposal Members of the Board: This Finn representS Dome Investment Group (the owners of Condominium Unit II,Potato Patch Club)and George and Elizabeth Ireland (the owners of Unit 15). The purpose of this letter is to provide the Town with Out clientS'commentS related to the deficiencies in the plan submitted to the Town,including but nor limited to the lack of consent from the owners of the common elementS of the Potato Patch Club whose modification the plan requires and assumes. Out clientS'objections to the plan include the following: 1.The entire proposal assumes that access to the project across the common elements of the Potato Patch Club has been agreed upon by the owners of the common property across which it must pass.That is not the case.The developer has submitted to the Town a resolution adopted by the Board of Directors of the Potato Patch Club with the representation that it is evidence of a letter of intent to grant an easementJ and apparently,of the purponed agreement of the Potato Patch Club to the proposal.The resolution is evidence of neither a letter of intent northe agreement of Potato Patch Club or its O\'\l1lers to the project.It is simply a commitment to negotiate,and the package presented to the Town,including but nOt limited to the indication that there exists a 40-foot wide easement (which is false)has little relationship to the proposal which was originally taken to the PPC and which generated this resolution.There is no agreement,formal or informal,between Mr.Lauterbach or Mr.Carnie and the Potato Patch Club Board of Directors regarding a 40·foot wide easement through the Potato Patch Club.Even the discussions with the Potato Patch Club have been limited to only a 25-foot wide easement,and they have not touched upon any other impacts on or modifications of the Potato Patch Club or its common areas. •• 2.The impact on the Potato Patch Club and its owners has not been approved by the Potato Patch Club or its owners.In fact,half the presentation involves changes to the Potato Patch Club,including changes to the location of parking areas,coverage of open space by asphalt,relocation of the central POStal box location,and elimination of existing parking spaces,and dramatic changes in landscaping.None of these changes have been disCussed with the Potato Patch Club or the Potato Patch owners,and the Town has received no suggestion that the Potato Patch Club or its owners have joined in either the application or in the conceptual or final stages of this review process,as required by the Vail Municipal Code at 12-11-4.8.1.and C.1. 3.The zoning may permit the creation of as many as six units on the Carnie parcel,but the current configuration fails to provide adequate ingress and egress.That omission will create impact on Potato Patch Club both because (a)it's property is the access people will use on a practical basis and (b)its parking area will be the parking area people will use as a necessity. 4.The emergency access may satisfy technical requirements,assuming that at the time of any emergency,no one is parked out of the designated area of the Unit 4 driveway.That cannot be assumed or even assured. Therefore,no turnaround is provided for emergency vehicles.Even if it were assumed,only one fire vehicle could possibly get into this project and be assured of the ability to escape.In the absence of adequate fire protection,any fire will travel uphill,toward,across and through the Potato Patch Club.Such problems do not warrant even design approval. 5.Even when viewed on the basis of anticipated conventional use,the road system does not provide even a bare minimum of access.There is no allowance for visitors,deliveries or other traffic beyond the basic traffic generated by the occupants themselves. 6.The access proposed across the front of the hill will create several walls above the face of the hill.If the property were developed less intensely, it is possible that this road could be constructed in a way in which it has less impact.The proposal should not be approved unless there is confirmation that the road cannot be constrUcted in any other way. 7.There has been no analysis regarding the effect of the proposed changes on the Potato Patch Club with reference to whether that project conforms or whether the changes will make it either nonconforming o~mo~e non- conforming_ •• For example.the specific impacts upon the owners within the Potato Patch Club which have not received analysis include the following: a.Widening and extending the existing driveway through the Potato Patch Club.and the proposed paving activities.will affect the existing open space within the Potato Patch Club.thereby affecting the percentage of open-space within the Potato Patch Club and the ability of the Club and its owners to develop additional area which is now undeveloped.Will the widening of the access road and paving make the Potato Patch Club or its residences non- conforming or aggravate nonconformity with reference to open space requirements and!or parking? b.Widening the road may make existing units non-conforming with reference to setbacks and parking requirements which now may be satisfied or somewhat satisfied by spaces between the garages and the street.or adjacent to the existing street.Will the widening of the road affect compliance of the residences or other improvements within the Potato Patch Club with applicable design and zoning requirements? c.Taking out vegetation and trees in the area of the new roadway which has been proposed by the developer and installation of considerable new landscaping within the area of the Potato Patch Club affected by that plan represent dramatic changes in that area of the project. Based upon the information available.it seems that no analysis has been done regarding the impacts of these activities on the Potato Patch Club. 8.The proposal assumes significant changes to the property owned by Potato Patch Club owners and construction of a modified access road across property owned.in undivided interests.by the Potato Patch Club owners. The common property of the Potato Patch Club owners is truly part of this project.which is illustrated by the fact that more than half of the area covered by the plan illustrates the effect on the existing Potato Patch Club.What is missing is the consent of the owners of the Potato Patch Club and the common property across which the road is to be newly constructed.widened and realigned.all of which will affect every property owner in Potato Patch Club between the entry and the site of the proposed new development. •• The Municipal Code permits the owner or authorized agent of any project requiring design approval as prescribed by the Design Review provisions of the Municipal Code to submit plans for conceptual review and requires the owner or authorized agent of any project requiring design approval to submit material for final design approval.It doesn't matter whether consideration is conceptual or final approval,the Town requires the signatures of the owners of property which is the subject ofa project.The consent of the owners of half the land affected by this project has not been required or submitted in this case,and the effect of the proposed project upon the parking,sitecoverage and landscaping within the Potato Patch Club illustrates the reason for this requirement. The changes proposed for the Potato Patch Club are dramatic and affect the Club as a whole.Those changes are an inherent part of this project.For that reason alone,the fact that the application and plan lacks the approval of the Potato Patch Club owners,this project should be denied until such time as a package can be presented which has the consent of all affected owners,including not only the owners of the Carnie property but also the owners of the Potato Patch Club across whose land the proposed access road passes.The additional facts that the impacts of the proposed changes to the Potato Patch Club have not received any analysis,and that the proposed change operates to defeat public safety further aggravate the fundamental problem.The project should not receive design review approval without resolution of these issues. Vety~dyj"""l:s, & Arthur A.Abplanalp,Jr. xc:Dome Invesnnent Group Mr.and Mrs.George Ireland ""'•",:>-sm: gf711~ll C1 £IHIQlT ~[I), OI'IA'IIIN:--I'lC .,;;,e"-.DArt: ""..'".........,.....-x....Itt __.....fIlll SCALE:1"•20' _ItO -.....,"'...'"_...".. TOTN..Ull ~_l..llli "".(5i:.GO So:!fL) 1011IL NI(A "DCl55 r#..,.5I,Of'[•3a.JO Sq.R • ~/, N~~'~ :',~}~~f,'~'.t11r:VIr-_Y---:-~'-1~..::::~:r "'ott ~""~IOa>«.-- / I J' UNIT '4i,.- ~. -- I I /[~ I I • I I '"I~ "!-" ! ( 4 -. PROPOSED FIRE TRUCK TURNING RADIUS EXHIBIT IS COURT /I rENtllS COORT (--[~)fir'"UNIT 12 )-<-./-- /V--'l!/--! 'f,;(I __..J _=C"f"'/ ,UNIT 11 ,, , .!. I J ..,"....,...,... .~.'• "~,-, h "0.,••• oz a f- <t: f-a 0... ~ W Wcr: U "•• '--0(\)0 ::J", Oc U'C'iij (\)~ (\) '--I 01 ,,'",, • ,...,. .~-----" " '" • • , ____-'-7 '/7'tAL. ,",-OIL ...1".twt. • --..,.........,.... PHUI'OSEO sITe AREA .'.....Nl LIST ~= • ..l 1lI'''''O ..."..,iNG ..1l:i III ...VI "fill ........<HO _........."00It",.",,tIlW_1I$ lolUCl1ONS "'I'Ilr OtIl."""U AI '....,""'"or "'.....,..,.;.IlVI '(I Itt{$f.'\urw......>.VI:tIll'O'(II ,..~~I,\0''......'""l_ =-= lREtS TREtS: o GQOllNl) t;IMll Nfll r _."-............,...., " rLAN .-- • .-..~...,....-""'_.....,"'1...............,.:.-'".... .- ...., -- " c.. '".lOU" / ; / I I .' / //1/ Iv / ..,.~--f/'i ,/ ./1 -~-~ "1-..·•I • , .', , 75 South Fromage Road Vail,Colorado 81657 970-479-2100 FAX 970-479-2157 , •••• NOTICE OF APPLICATION The parcel shown on the map on the back side of this page,zoned Residential Clusler (allows up to 6 dwelling units per acre),is currently under review for a proposed single- family residential development of 5 dwelling units.The project is currently scheduled for review by the Design Review Board on August 18,1999,however thisdate could change.This notice is being provided to you as a courtesy as it is not required by the Town Code. If you have any questions regarding the project or want to review the application you may do so at the Community Development Department located at 75 S.Frontage Road, Vail,CO 81657. You may also contact the Project Planner for this application,Dominic Mauriello,at 970- 479-2148. The Design Review Board agenda will be available on our website24 hours prior to the meeting -vail.netltov. ...._IlL_ N I ----- •• ---.,--- \-,-.:.\- \ I I I I I Subject Property » M :,,~.: --~I ANO$TONE ~ -70 ....,.- ••••Location Map ~'~l~ I »~:.-"1TP '*Cf_- •• , s •••• JOINT RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS AND MEMBERS OF THE I'OTATO PATCH CLUB CONDOMINIUM ASSOCIATION,INC. WHEREAS,the Potato Patch Club Condominium Association,Inc.(hereinafter referred to as the "A'isociation")is currently a party to certain litigation initiated by John A. Carnie and Joan T.Carnic (the "Carnics")requesting the condemnation of a certain easement over property o\\o11ed by the Association in order (0 obtain access to a landlocked parcel of land located adjacent to Association property and currcmly owned by the Carnies (the "Carnie Propeny"'). WHEREAS,the Associationhas been advised that the Carnies may desire to sell their property to MJL Development Inc.and/or Michael J.Lauterbach and/or their assigns or affiliatl.:s (hereinafter collectively referred to as the "Potential Purchaser")... WHEREAS,inilial discussions have taken place between authorized representatives of the Association and the Potential Purchaser concerning the purchasc of thc Carnie Property and the possible gmnt of an access easemenl over Association property by the Association to Potcntial Purchaser. WIJEREAS,the Board of Directors of the Association have reached a geneml understanding with Potential Purchaser regarding the process by which Potential Purchaser could obtain an access easement from the Association at an agreed upon location if Potential Purchasc:r actually obtains title to the Carnie Property. WI-IER EAS,if Potential Purchaser obtains approval of the Town of Vail (and all other governmental entities with jurisdiction over the subject property)for Potential Purchaser's development plans and specifications (the "Plans and Specifications'')with respect to the Carnic Property,the prospects of a transfer of tille 10 the Carnie Property to the Potential Purchaser arc greatly increased. WIIEREAS,in order to obtain apprO\al of the:Plans and Specifications for the development of the Carnic Property.Potential Purchaser has advised the Association that Potential Purchaser requires a letter of intent from the Association agreeing to grant to Potential Purchaser an easement for ingress and egress over Association property to the Carnie Properly at the location specified in the Plans and Specifications. WHEREAS,if Potential Purchaser is able to acquire the Carnie Property and obtain from the Association the easement for ingress and egress more particularly described herein,the litigation filed by the Carnics with respect thereto could be dismissed and the Association could be released from the obligation 10 ddc:nd such action. WHEREAS,on June 4,1999 the Board of Directors of the Association adopted a resolution (by a vote of six to two)recommending lhat the Doard of Directors bring to the owners and members of the Association at Ihe annual meeting.a n:solution authorizing the Association to pursue the nHlW,::rs morc particularly described herein. •••• NOW THEREFORE,BE IT RESOLVED AS FOLLOWS,in accordance with Seclion 18.3.4 of the Condominium Declaration for Potato Patch Condominiums: 1.The Board of Directors of the Association is hereby authorized to grant an easement for ingress and egress to Potential Purchaser upon satisfaction of all of the terms and conditions therefor set forth in this Resolution. 2.The grant of the subject casement for ingress and egress (the "Easemcm") shall be subject to the satisfaction of each and every one of the following conditions by Potential Purchaser: (a)Acquisition of the Carnie Property by Potential Purchaser; (b)Final plat approval by the Town of Vail of the Plans and Specifications for development of the Carnie Property (the "Development"); (C)The Development shall coma in no more than five (5)single family residences and shall not exceed 3,500 square feet GRFA,developed and built in ~ccordance with the site plan attached hereto: (d)A 30 fooL setback from the Association's east property line shall be established in the Plans and Specifications and maintained by Potential Purchaser; (e)The Easement shall not be more than 25 feet in \..idth,and the turning radius of the Easement v"ithin lhe As:s:ociaLion property must be approved by the Town of Vail Fire Department and the Association Board of Directors; (f)The written evidence of the Easement must provide that all costs of surveying.complying with Town of Vail plmming requirements,all construction (including road construction),landscaping and rounding of the entrance,as well as the restoration of any Association property which is altered or damaged during construction, shall be borne solely by Potential Purchaser; (g)Potential Purchaser :s:hall,upon execution of the formal documentation of Ihe Easement,pay to the Association the sum of $250,000,which shall he allocated by the Association as condemnation award damages as specified in Section 33.4 of the Condominium Declaration for Potato Patch Club Condominiums; (h)The \"Titten documentation of the Easement shall contain,or coincide with other documentation executed by the Association and Potential Purchaser, a full settlement of the Carnie litigation with prejudice; (i)The Easement shall not be granted until such time as Potential Purchaser has obtained fcc title to the Carnie Property; (j)Upon issuance of and in conjunction with lhe execution of a letter of intent to grant the Easement to Potenlial Purchaser by the Association,the Carnies must agree and stipulate to a reasonabh:continuance and vacation of the trial date and 2 •••• abatement of all legal proceedings in the current condemnation litigation,pending completion of the Tovvn of Vail planning process with respect to the Plans and Specifications of Potential Purchaser for the Development. FURTHER RESOLVED,that the Board of Directors orthe Association is hereby authorized to issue a non-binding letter of intent to the Potential Purchaser specifying the parameters and limitations with respect to the Easement set forth above and any other limitations and/or conditions required by the Board of Directors or counsel for the Association for the possible grant of the Easement to Potential Purchaser.Such letter of intent must contain an acknowledgment by the Potential Purchaser Ihal the issuance of the letter of intent and the execution of the Easement shall in no way be construed to be an approval by the Association (or any of its members)of the Development or the Plans and Specifications,and that all members or the Association and the Association itself reserve all rights to participate in any Town of Vail planning process relating to the development of the Carnie Property.Potential Purchaser mllst further acknowledge that ccrtain mcmbers of the Association may be opposed to the grant of the Easement and may actively participate in such Town of Vail planning process. FURTHER RESOLVED,that within the limitations and parameters set forth above,the Board of Directors of the Association shall be and is hereby authorized,empowered and directed to negotiate,execute and.as necessary.record the above-described letter of intent and the final definitive written Easement in conjunction with counsel for the Association.and to ·negotiate a finaJ settlement of the Carney litigation,with prejudice,as of the result of the grant of the Easement. F RTHER RESOL VEO,thai the Board of Directors is and shall be authorized, empowered and directed to explore the possibility of creating a sub-association with respect to the final approved dt:velopment of the Carnie Propert~for the purposes of: (a)sharing the cost or maintenance,repairs and snow removal for the Easement; (b)access to and appropriate cost sharing in the maintenance,repair and capitul improvements to the common clements of the Association.including the tennis courts,pool,spa and health club;and (c)to amend the Condominium Declaralion for Potato Patch Club Condominiums to include the above-described provisions,subject to the approval of the O\'..-ners and mOrlgagees of units within the Association as required by such Declaration, with such other terms and conditions contained therein as may be required by the Board of Directors and counsel for the Association as appropriate . •ll'Q~1 K('~I'".:J''''~'''''' •••• The undersigned,as President of the Association,hereby certifies that the Resolutions contained herein were duly adopted and approved by the Board of Directors and the members of the Association at the annual meeting of the Association conducted on July 2,1999 and the subsequent Board of Direclors meeting held immediately thereafter. T'~Mi~~~ Association Approved and accepted this ~day of 4 ""....•• Exhibits -Appeal from DRB approval of Potato Pateb Creek - 1.Application 2.TOV regulations requiring owner consent and other submittal and processing requirements -highlighted 3.Three maps·highlighted A..Site Plan B..Road Widening Exhibit C..Final Plat 4.Staff Memo -July 15,1999 5.Staff Memo -August 5,1999 6.Staff Memo -September,1999 7.Resolution of PPC Board·highlighted 8.Condominium map of PPC general common elements 9.Definitions ~Driveway and Feeder Road 10.Parking &Landscaping Standards -highlighted 11.ORB Decision 12.Potato Patch Condominium Declaration a\PPCAppeal 'Ue\;~tle.l ..t I.-_,i"j \2-l=r\'1'1 Ct"· ,",• \_:::::~~~";',,\ TOWN OF Y.4lL 'lj. APPLICATION FOR DESIGN REVIEW APPROVAL GE't\ERAL rNFORMA.TiO"'J This :Ipplic:l!io!'l is (or 311)'proj::::::n::quiri:'lS D::.<>ign Rcv:::w Jppro\'JI.Any j1tojccl :-cquiri::S dcsi£ll r::\'i:w must r~.:i\'c Deslgn Rc\·iC'".Y Jp;Jrov:u pnor:o sub mitring for J b:.:i1dinS pcrm:l for spttfic jnfo:;m.tio~.SI::;.!':c submj.~l tcqUl,C:Ilc:1ts for :he p.:L."lic:Jl3l'appro\-al lh:.u i!i r::=lu~:cd.TIle Jpplic:lllOI1 c.:lntlOl be :lc::cj)lcd ur.:il all the r::gu:r::d in:"or::1:l:i0l1 IS suon,incd.The j1toj:::::::';1Jy :lIse n:::d ro bc.r:::\'icw:c by the Town Council :mdlor the Pl:mnins 31ld E:l\,irol:rn:::11.11 CJIlIll:is!'\ion.Desil:n Re"iew BO:lnl Jppl'O\';l[expires one )'C:J.r :Ifrcr fin:!l approval unless .:I llujldjn~perrnil is issued and construction is s:ull:d. I DE5CRIPTJO~OF n,:R:QliESi:--;;-,?::,-/,-!:T..f:F':.:---,"'..!.'",P..!.P..!.R.::....:o..:v..:A=L__h,--,:,O..!.f2=---.!.0..:,.::,,:.:c.:::-__ SIN G-!-£-EI'tf71 1 L Y Res IT:>ID.../ct!:j. .,. Construc:ion ofa new builci:1g.. Includes any addi:ion where square foo:agc is added to any :-csid=trial or commc:ciaJ buildin;. S!O Includes minor changes ro buildings and site ir.;provcmc:l:s.such as. r::rxlfing.pain:in£......incow :dCi::ions.la!ldsoping.fC.:1C:S z.l"!d r.=-..a.ining ____.~-aI.!~,erc.__.__ ZONING:--'--"--=--------,::=------------- NAMEOfOWNER(S):off II.~.;;; MAILl'1G ADDRESS,;;L '1;J.0 fl1 ~UK S \/4/L 8'(OS7 a--PHO~E: OWNER(S)SlGNA TliRE(S):\!L/_2..'--"--"":":!--"'__ NAME Of APPLlCAl'i:()7 r e.-ffl't-d (....4u-r£'<f.3""u{ MAlLl'1G ADDRESS:Po 13 34 ~r ___V,,-,-,Fr.:..'""1.._--,,,8-'.'="..:.'....8'-PHO~E:_-,-4....:7"'''',--....:G.::..:..'f....:4-_'F,--- 'iT/.-I 1010 coed. o Minor Alteration - IT?=:OF REVIEW A..r..TI FEE: o New Construction -$:00 o Addition -550 c. D. E. f. G. H. ..B:'·····lOC!,TION OF7ROPOSXCl:O,:.---S-LOCK:f1lING:-,_ PHYSICAL ADDRESS:~,fS r ofC Po -rA-"-d .Pit -re.-If C Lv t3 r ARCEL;:if (0/0"3 00 00 ~OJl:J::EzSlc Co ..A.sscsso~omc:at 9iO·1:!8~S640 for parcel ::) f<C- -.-'--- DR3 ::::~2.."":to b::paid::.!the ti;n:::ofsubmir_91.w::r.wh:::.'l E;J;'Ilyi:1g fOi;;bu.:Jdir.g.p::r..il pleas:::ic!::::i:"y the aCCLLQ(:\"alua:ion of the j::oj=:::t.The Tov.'Tl of Vail will acjuS!:he f::ac.:o:-ding to th:project.vai:.::.mon. PLEASE SliB~UT THIS APPUCATlO:'I.ALL SUB~nTiAL REQlilREMEI'TS A:\D THE FEE TO THE DEPARDIE:\T Of CO;\lM(;:\lT¥DEVELOP~IENT.i5 SOUTH !'RONiAGE ROAD.7 VArL,COLORADO 81657. I ----=--- ••• CHAPTER '1 DESIGN REVIEW •'2-'1-1 ) ) SECTION: 12-"-1:Intent ,2-11-2:Definitions And Rules Of Construction 12·11-3:Design Approval 12·11·4:Materials To Be Submitted; Procedure 12·11·5:Design Guidelines 12-"·6:Park Design Guidelines 12·1,·7:Design Review Fee 12-11-8:Performance Bond 12·1'·9:Administrative Policies 12-11-10:Appeal To Town Council ,2-11-11:Enforcement;Inspection 12-11-12:Lapse Of Design Review Approval 12-'1-1:INTENT, A.Attractive Attributes Recognized:Vail is a Town with a unique natural set- ting.internationally known for its natu- rat beauty,alpine environment,and the compatibility of manmade struc- tures with the environment.These characteristics have caused a signifi· cant number 01 visitors to come to Vail with many visitors eventually becom- ing permanent residents participating in community life. B.Area Character Protection:These factors constitute an important eco- nomic base for the Town,both for those who earn their living here and for those who view the Town as a precious physical possession.The Town Council finds that new develop- ment and redevelopment can have a substantial impact on the character of an area in which it is located.Some harmful effects of one land use upon another can be prevented through zoning,subdivision controls,and building codes.Other aspects of de- velopment are more subtle and less amenable to exact rules put into oper- ation without regard to specific devel- opment proposals.Among these are the general form of the land before and after development,the spatial relationships of structures and open spaces to land uses within the vicinity and the Town,and the appearance of buildings and open spaces as they contribute to the area as It is being developed and redeveloped.In order to provide for the timely exercise 01 judgment in the public interest in the evaluation of the design of new devel- opment and redevelopment.the Town Council has created a Design Review Board (ORB)and design criteria. C.Design Review:Therefore,in order to preserve thenatural beauty of the Town and its setting,to protect the welfare of the community,to maintain the values created in the community, to protect and enhance land and prop- erty,for the promotion of health,safe- ty,and general welfare in the commu- nity,and to attain the objectives set out in this Section;the improvement or alteration of open space,exterior design of all new development,and all modifications to existing development EXHIBIT Town of Veil I 1 •12-11-1 shall be subject to design review as specified in this Chapter. D.Guidelines:It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time main- taining the remarkable natural beauty of the area by ·creating structures which are designed to complement both their individual sites and sur- roundings.The objectives of design review shall be as follows: 1.To recognize the interdependence of the pUblic welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 2.To allow for the development of public and private property which is in harmony with the desired character 01 the Town as defined by the guidelines herein provided. 3.To prevent the unnecessary de- struction or blighting of the natural landscape. 4.To ensure that the architectural design,location,configuration materi- als,colors,and overall treatment of built-up and open spaces have been designed so that they relate harmoni· ously to the natural landforms and native vegetation,the Town's overall appearance,with surrounding devel- opment and with officially approved plans or guidelines,if any,for the areas in which the structures are pro- posed to be located. 5,To protect neiqhbOring Rrgeer~ ow~;r:agd users b~makinc sure ~ha; Waable proy!si g WiGeg m rf •12-11-3 for such matters as pedcstrjag a,Os vehi ular traffic s~~~~!n~~si hi buffers ejrej:ation of Imht an aIr,an ose 12-11-2:DEFINITIONS AND RULES OF CONSTRUCTION, A.Basis For Meanings:Any words, terms,or phrases used in this design review guide shalt be defined and •interpreted in accordance with the definitions contained in Section 12-2-2 of this Titte,unless the context clearly indicates a different meaning was intended.If the context is unclear,the matter will be referred to the Design Review Board for final determination. B.Mandatory,Discretionary Distinction: The distinction made between those items contained within this Chapter that are mandatory and those that are discretionary is that statements which are mandatory are prefaced by the word "shaW,and the statements or guidelines which are discretionary (or merely suggestions)are prefaced by the words ·should"or "may".In all instances,any particular or specific controls over the general.(Ord. 39(1983)§1) 12-11-3:DESIGN APPROVAL, A.Scope:No person shalt commence removal of vegetation.site prepara- tion,building construction or demoli- tion,dumping of material upon a site, sign erection,exterior alteration or c ( c ••12-11-4 2.Staff;Board Procedure: c.SuHicient information 10 show that the proposal complies with the development standards of the zone district in which the project is 10 be located (i.e.,square footage total,site 'Coverage calculations,number of parking spaces,etc). d.Application form. e.Planning and Commission and/or approval if required. Environmental Town Council hislher representative shall be present atthe Design Review Board hearing. C.Preliminary And Final Design Review: 1,The gwger pc a,,!bmjzcd agent gf any project resulring design apprpyal rescribed .Cha ter shall mit 0 .i - ~unless the Administrator deter- mines within five (5)days of a writ1en request for such determination that some of the following material may be excluded: ) ) a.Upon receipt of an application for conceptual design review the Depart· ment of Community Development shall review the submiUed materials for general compliance with the appropri· ate requirements of the Zoning Code. If the proposal is in basic compliance with the Zoning Code requirements the project shall be forwarded to the Design Review Board for conceptual review.If the application is not gener- ally in compliancewith Zoning Code requirements the application and sub- mittal materials shall be returned to the applicant with a written explana- tion of the Department of Community Development's findings. b.The Design Review Board shall review the application and supporting material that has been submitted for a conceptual review in order to deter· mine whether or not the project gener· ally complies with the design guide· lines,and forward comments concern- ing the design to the applicant.No vote of the Design Review Board will be required unless requested by the applicant.The property owner or a.Survey:A topographic survey representative 01 existing conditions stamped by a surveyor licensed within the State at a scale of one inch equals twenty feet (1·=20')or larger of the site with contour intervals of not more than two feet (2').Existing trees or groups of trees having trunks with 1298 Town of Vail ) ) ) .~ •12·11-4 any applicant proposing to re- move or disturb existing vegeta- tion.Potential damage to exist- ing landscaping/vegetation shall be adequate reason for requiring a revegetation plan.At a mini· mum,plans submitted under this subsection shall include revegetation of land disturbed by development and construction activity.The Department of Com- munity Development shall estab- lish and maintain a list of revegetation best management practices. (6)In addition to the above reo quirements,the Department of Community Development may require any or all of the follow- ing: (A)Timing of disturbance. (8)Disturbed area controls. (e)Stabilization during distur- bance. (0)Monitoring during distur- bance. (E)Post-disturbance monitoring. (F)Water quality impact report. (G)Drainage study. j.NPDES Permit:An approved National pollutant discharge elimina- tion system permit for storm water discharges to surface wa1ers resulting from developments draining two (2)or more acres shall be presented.In lieu of such permit,the developer 01 an area 01 two (2)or more acres may Town of Vail •12·11-4 present a -no discharge"storm water drainage plan,which mayinclude such measures or detention ponds, high curbs,and infiltration galleries. The Department of Community Devel- opment shall establish and maintain a list of such "no discharge"measures. k.Phasing Plan:If a project is to be built in phases the applicant shall submit a site plan of the proposed project indicating the location and timing of each phase of the project, areas to be utilized as construction staging areas for each phase,and the limits of construction activity for each phase. I.Form And Fee:Application form and appropriate fee. m.Lighting Plan:An outdoor light- ing plan shall be submitted separately from the site plan or landscape plan, and shall show the location,the height above grade,the type of illumination (such as incandescent,halogen,high pressure sodium,e1c.),the source lumens.and the luminous area for each light source which is proposed. The applicantshall provide documen- tation that the lights meet the stan- dards set forth in subsection 12-11-SJ2 of this Chapter.In addition to locating this information graphically on a plan.the applicant shall provide theinformation on the application form provided by the Department of Com- munity Development. 2.Staff Or Design Review B.lliIW ~tll gedure;IT6e Denartment pf CnmmuPi- Develo ment shall ch . al subml esi r co §llbdjyjsion• •12-11-4 "eg,,'aUPQS and with sybsectign C 2! this Sectioo (the §!lbm;",!reql!ier- .megts of Ibis SectiO??S Q"Wnrd above).If the application is found to be in compliance with the applicable provisions of the Zoning Code,subdi- vision regulations,and subsection C of this Section,the project shaH either be placed upon the agenda of the next appropriately scheduled Design Re- view Board meeting in accordance with the required application submittal deadlines on file in the Department of Community Development,or be re- viewed by the Administrator in accor- dance with subsection C3 of this Sec- tion (Staff Approval).11 the application is found not to be in compliance with the applicable provisions of the Zon- ing Code and subsection C of this Section,the application and materials shall be returned to the applicant with an explanation of the Administrator's findings.The Administrator may re- quire any additional items from the applicant as may be necessary for complete and proper design review. a.The Administrator or the Design Review Board shall review the appli- cation and supporting material,and if the design of the project is found to comply with the objectives and design guidelines of this Chapter,the Admin- istrator or the Design Review Board shall approve the design of the pro- ject,documenting such approval in writing and noting any conditions of approval.If additional items are need- ed,as specified herein,to determine whether the project will comply with the purpose statement and design guidelines of this Chapter,the Design Review Board may give preliminary approval or table the project until the next regularly scheduled meeting.If Town.of Vail • the project is tabled or if preliminary approval is given,the Board shall specify the conditions and additional and/or modified materials which must be submitted by the applicant to the Design Review Board or to the Admin- istrator,including any changes in the design of the project.The applicant may also table the application to a future meeting for any reason. b.If the project is found to conflict with the design guidelines,the Admin- istrator or the Design Review Board shalt disapprove the design of the project.Any disapproval shall be in .writing and shall specifically describe the design gUidelines with which the design of the project does not comply and the manner of noncompliance. c.Following the final review of an application by the Design Review Board at a public meeling,the Design Review Board shall have thirty (30) days to consider and approve or deny an application.The time for action may be extended at the request of the applicant. d.If changes in the design of the project are requested,the Design Review Board shall approve,disap· prove or request further changes with· in thirty (30)days of the meeting at which the Design Review Board re· ceives the changes unless an elcten- sian Is agreed to by the applicant. e.The applicant or hislher autho· rized representative shall be present at the Design Review Board meeting. 3.StaN Approval:The Administrator may approve any of the following applications: ( ( -; j ) ..,/ •12-11-4 diameters of four inches (4-)or more at one foot (1')above natural grade, rock outcroppings and other signifj· cant natural features such as ava· lanche areas,1DO-year flood plain, and slopes of forty percent (40%)or more shall be shown,if applicable. The survey shall include ties 10 an existing benchmark (either a USGS landmark or sewer invert),property lines showing distances and basis of bearing,and all easements. b.Title Report:A preliminary title report. c.Drainage Plan:A drainage plan shall be prepared.For all develop- ments this study shall include a con- tour map showing all existing and proposed watercourses,including the seasonal course-limits of points of departure from the development.An indication of the limits of the 100~year flood plain shall be plotted on the contour map as well as any revised flood plains.The drainage plan shall also indicate the location and types of structures that will be necessary to handle the quantities of water evi~ de need on the site. "d.Site Plap;A site plan,drawp at a scale of 9pe iOch cgllals tWA?"!fee.&. fl-=29')or large"sbgwjOQ,existing and finished grades,the existing and proposed layout of buildings and other structures including decks,patios, canopies,fences,and walls.The sUe alan shall show the locations of land~ scaped areas,service areas,storage areas,pedestrian walks,drivewaxs with percent slope and spot elevations off-street parking and loading areas, all retaining walls with spot elevations, and the proposed elevations of the top Town ofVoil • of roof ridges.The site plan shall •indicate the IRcaligQS p1 iggress agd egress and tbG diremioQS 9:~~~i~ flow into ~nd nQt.ol as weI!a;;&6 j 9 ~iQg a~~l~!~~a!~!!,the loca- tIon of each parking space and load- ing berth,and areas for turning and maneuvering vehicles.Tbe sjte plan shIll show exact locations 0'a"IIWj-¢ ties including existing sources iWQ proposed SeevicG lipp§fWT SPY[GM to the structures The site plag shall designate proposed limits of construc- tion activity. e.Utility Verification Form;A utiUty <I verilicatign !gem siened by each uliWy verifying '9Gatigg p!SGO'iGG apd avail- abi!iJy. 1.Landscape Plan:A lagdsci2e Ian drawn at a scale of one inch e ua s en e r. o an sca.eo .IlIDC shall show Jor;e- j.ons Of exiSijnR jiess Qr arcuetgl trees haying trunks with diameters of f r'n s (4;"\or m ne fool l'above natural rade h ose Shrubs and o er native plants proposed to be removed shall be indicated.The land- scape plan shall show trees and other native plants proposed to be retained and methods to be utilized for the purpose 01 protecting existing vegeta- tion,the location and design of pro- posed landscaped areas,Irrigation systems,the varieties and sizes of plant materials to be planted therein, and the location and design of swim· ming pool areas,patios,play areas, recreation facilities,and other useable open space.The landscape plan shall be accompanied by a landscape mate- rials list specifying size and quantity of plant materials and a report of the •12·11·5 •12·11·5 F.Accessory Structures;Utilities;Ser- vice Areas: ·1 ) ) ) E. 9.All plants shall be planted in a good quality topsoil mix of a type and amount recommended by the Ameri- can landscape Contractor Association and the Colorado Nurseryman's Asso- ciation. 10.All plantings must be mulched. 11.Paving near a tree to be saved must contain a plan for a -tree vauW in order to ensure the ability of the roots to receive air. Fences And Walls: 1.The placement of walls and fences shall respect existing land forms and fit into land massing rather than arbi- trarily follow site boundary lines. Fences shall not be encouraged ex· cept to screen trash areas,utility equipment,etc. 2.Design of fences,walls,and other structural landscape features shall be of materials compatible with the site and the materials of the structures on the site.Retaining walls and cribbing should utilize natural materials such as wood timbers,logs,rocks,or tex- tured,color tinted concrete.No chain link fences shall be allowed except as temporary construction fences or as required for recreational facilities. 3.The allowable heights of retaining walls shall be as stated in Section 12-14-2 of this Title. 1.Design of accessory structures upon a site shall be compatible with G. the design and materials of the main structure or structures upon the site. 2.Accessory buildings generally should be attached to the main build- ing either directly or by means of a continuous wall,fence or similar fea- ture 01 the same or a complementary material as the main building's exteri- or finish. 3.All utility service systems sOa"he installed under roun m teo erahon of whic above ro ta lahon b e and/or screened so as n detract rom e over UaJ 4.All utility meters shall be enclosed or screened from public view. 5.Service areas,outdoor storage,and garbage storage shall be screened from adjacent properties,structures, streets,and other public areas by fences,berms,or landscaping. 6.Adequate trash storage areas shall be provided.There shall be year- round access to all trash storagear- eas which shall not be used for any other purpose. Circulation;Access: ;06::[:,§h~'&I~:tr:Yi:;£te;o;~p1 aha!!coordipate wjth adjacent streets to minimize congestiop apS adye ci4 impact upoR the seneral traffic circula- tion pattern in the area. 2.Projects shall provide adequate layout design of parking areas with respect to location and dimension of Town o{Vail •• Exhibit 3.Three maps -highlighted -too large for inclusion 3A.-Site Plan 3B.-Road Widening Exhibit 3C.-Final Plat EXHIBIT 13 75 South Frontage Road Vai~Calaradn 81657 970-479-2100 FAX 970-479-2157 July 15,1999 Michael J.Lauterbach PO Box 3451 Vail,CO 81658 •o WORLD ~-....,..(S •I -c:OlO ....gO·us ...- RE:Minor Subdivision application for the "Carnie P:lrcel"located to thewest of the PotatO Patch Club Dear Michael: The Community Development Department bas received an incomplete application from you for a minor subdivision which was delivered after the Doon dC<ldline on July 12,1999.Since this application is incomplete,the ite.1}bas DOl been scbeduled for a hearing with the Planning and Environmental COD'UniSSiOD.The item will be scheduled for the appropriate bearing once we have received all of the required materials.I have made a preliminary review of the items which were submined to aid you in the development of your plans for this area.Please provide the following ilcms to complete your application: 1.A fee of $250.00 is required for this application.Please provide tbis fee. 2.Please provide stamped and addressed envelopes for all adjacent property owners. 3.Plc:lSC provide a curreDt title report with schedules A and B. ~.B re this fat can be Club ust favor 0Ubi'i gnw,>!1¥..- recessed vou v co C0<11 ...thrOll h the ron e etlniEive proof that such an €::.lseml:O[b:ls been re:::oraca in 5.Please provide copies of me proposed plat drawn in accordance with the Subdivision Regulations of the Town of Vail.Ple~sc include all proposed easementS. 6.The topographic surveys that were submitted have not been sumped by a surveyor. Please provide survey:)with the appropriate stamps.Plense also insure that all casements Page 1 of 2oR£Cl'f:1.£DJ>.4PrR EXHIBIT 1_'1_ •• affecting the property are indicated . ./6;Please provide a proposed grading plan and show proposed lot lines and on the grading plans.Proposed grading should also be shown for the area where access is being taken. 0/eJ Provide a legal description orme lot.This is needed in order to approprialely advertise tbe proposal and must be included on the plat. t/~.~ns geAAJp sbmy Ibe exisripo grgdjprr 3Pd nre l>!'aYRII!PO 'he adjacent prPp'rw.___>Your to ogra hie SUlVe must include 0 the access is bein made.Ple:lse also pravl e spot elevations ~e exislinUilvement. ./.fa.J:Jease show 'he pmggssUJope of [be pcress rga~yrway§J;hs mgjor access drive must be 20'in width and 24'in width at cameli,~ow ruming radii for all parking· areas.- These are our preliminarv comments.No commems from thePublic Works Department have been provided at this time. If you have a[]y questions,please call me at 479-2148. Dominic F.Mauriello,AICP Chief of Planning Page 20f2 -/. 75 South Frontage Road Vail,Colorado 81657 970-479-2100 FAX 970-479-2 J57 •FIlE COPy August 5,1999 Michael 1.Lauterbach PO Box 3451 Vail,CO 81658 R.E:Subdivision application and developmem plan for the "C.:.:nie Parc~I"located to the west of the Palata Palcb Club Dear Michael: The Community Development Deparr..meDt has completed a review of your proposed project dated 7n 1/99.Given me changes proposed to the planing method,it bas been determined that the plat is simply a development similar to a condo map of a project and can be approved by stlff. The development plan will be required to be approved by the Design Review Board before approval afme plat..followipg aD~r9val oftbe development plan ilod recording aftbe necess~ C3seme t reh vs ff will be able to record the pro 95et! ~t.Listed below are issues with respect to the plat as well as the development plan at Dee IO be addressed. 1.A fee of S100.00 is required for this revised application and S200.00 for thc ORB application.Please provide this fee and a completed ORB application. 2.The pial rille needs to be listed as a tinal plilt.instead of preliminary. 3.Please indic:ltc the a..:reage in the dedit.:ation ce:tifk:lte and remove the Town Coundl :md PEe CCI1ifi":Jt~s from the plat.AdditionallY.revi ..,\\,the dedic:ltion language and remo .....e an~-langu:Jgc dedicating "roads"[0 the publi..:. 4.Pleasc add a nme to me plat stoning that the 3 tracts created by this plat shall be considered one parcel for zooing purposes. 5.Please provide a pW"pose statement 00 the plat. EXHIBIT Page 1 of 3o1lJ.'CYCLEJJI',41'£R s •I. 6.This development must provide adequate area for a fire DUck mrnaround.Please revise the plan [0 show this rum around area. 7.Ple:lSc indicate locations of proposed fire hydrants for the development 8.Please provide a phasing plan for the proposed development indicating what improvements will be constructed in which phases,including landscaping,access,etc.A fire turnaround will be required for all phases and a bond may be required to insure completion of the roadway improvements in future phases. _OJ"Please provide a landscape plan for tbe entire development._ - 10. 11. 12. 13. 14. 15. 16. Please place a Dote on the development plan that each dwelling unit will be required to be reviewed by the DRB to include all elements such as final grading and landscaping. The proposed landscape area for the site does not meet the minimum required by the code. The code requires a minimum of60%of the site without structures or paving.Your plan provides 35,353 sq.ft.of landscape area and the code requires 35,700 sq.ft. Please indicate all trees to remain on-site and those to be removed. Please note wat the code requires at least one enclosed parking space for each dwelliDg. Additionally,it appears that 3 parking spaces will be required for each unit.You may wilnt to iodic.He on the development plan that eacb unit will contain a 2 car garage in order to accommodate the required parking. An engineers stamp is required with this subminal for all retaining walls in excess of 4'in height.Additionally,please indicate the proposed retaining waH materials.Forcancrete walls,I recommend that these walls bave a rock veneer on all exposed surfaces. All structures on-site must maintain at least a 15'setback from tbe propeny lines. Additionally,there needs to be at least a 5'setback from any strucrure or obstruction to the edge of the main driveway.Please show dimensions on the plan of all SD1lctures to the edge of tbe main driveway and to propeny lines. Required parking spaces need to be iodie'lIed on lbe development plan.All parking spaces must be set ack at least 5'from me cdl.!e oftbe ro o~d main drivewav (see Building 2). Please dimension all pa.rking ~paccs nn [h~pn <:In e ISt:l.'1C~to th~~dgt:of the main driveway. 17.\\tben the maiD driveway has passed beyond 2 dwelling units and is then only accessing 3 or less dwelling unitS.the driveway can be reduced to 12'in width (or 15'on a cwve). This may help you achieve the minimum landscape area requirement. 18.You may also want to consider moving tbe access to unit 3 and take access directly from Page2of3 the ma.in drive and therefore reduce the impacts of the proposed driveway on the neighboring propertY and the existing crees.This may also help you achieve the minimum landscape arc requirement. 19.Please provide a complete sct of drainage calculations for the developmellt,prepared by a P.E. 20.An access requires a 20'centerline raaius from the back or front of a car (6'x 19')for maneuvenng.The access/parking for Buildings #3 and 5 does not work and needs to be redesigned. 21.All boulder retaining walls need to be laid back at 1:I unless stamped by a P.E.for a steeper slope. 22.The centerline of the of the access road at the 24'wide section sbould be in tbe middle of the asphalt.Ple:lSe modify tbe plan accordingly.. • 23.No grading on the site shall exceed a ratio of 2:1.It appears that at the terminus of retaining walls and near the properry lines,this is exceeded... 24.The driveways to Buildings 1 and 2 need to properiy drain.Please provide for drainage on these driveways. 25.It appears that it might be better to provide a low point in the access drive where it curves at "2+00"rather than taking drainage back to Potato Patch Drive. -26. ~ Please IDgdiCi the Access through the Potato Patch Oub so Wt 24'wide asphalt is • .curves and 22'is rovided on srrai~t sections.Additionall the arkino areas along this access s au e at least 19 eep. k The set of plans submitted for review dated 813/99 have oat been reviewed.Please resubmit 3 sets of plans with all of these revisions.If you have questions of a technical/engineering narure ple:lse contact Greg Hall,Public Works Director at 479-2160. If you have any questions,please ca.tl me at 4i9-2148. ";11'.1 /"*'f '.",J.,t!,"'"\I A /<;t'j-"7-"..':'"'--'<-:'""'.....\../~ Dominic F.wlauriello,AICP Chief of Planning C:Greg Hall.Public Works Director Page 3 of3 ••fiLE COpy D~partment of Communiry Development 75 Sourh Frontage Road Vail.Colorado 81657 970-479-2/38 FAX 970-479-2452 September 24,1999 :\1ichael J.uuterb:lcb PO Box3451 Vail,CO 81658 RE:Subdivision applic:ltion and development plan for the IICamie Parcel"located £0 the west of tbe Potato Patcb Club Dcar Michael: The Community Development Department bas completed a review of your revised proposal received OD September 10,1999.There are severn items which are still outstanding on the project Please address the following: I. 4. This development must provide adequate area for a fire truck turnaround.This turnaround must be indc:pendent of noy required parking spaces on the site.The turnaround must be available for use by emergency vehicles at all times.Please revise the plan to show this independent turn around area. Please provide a phasing plan for the proposed development indicating what improvements will be constructed in which phases,including landscaping,access,etc.A fire turnaround will be required for all pn<lses and <l bond may be required to insure completion of the roadwily improvements in furore phases. Ph.'asc pla~e a noti:on the:I.kvel\)pmc:H plan [hat ":3ch dwelling unit \\ill be required to be.: re\ic:wed by rbe ORB to include all clements such as final grading and land.:~c;lping. [r is suggested that you designate now the amount ofGRFA proposed for each dwelling unie.This will make it easy to determine to allowance for each srrucrurc as each is processed through the ORB,This is DOt required,just suggested. Page I of1oJr£CYr:UD',V£R I EXHIBIT ,,~ •• 5.The back-out in driveways #1 and #5 are very tight.You need to modify the radii to improve this turning movement. 6.There is grading in excess of 2:1 Dear building #3 at manhole.Please revise tbe grading and place a Dote on lhe plan that all grading will be at a ratio of 2:1 or berter. 7 ~ase have your engineer meet with Greg Hall to discuss some minor changes to the road~mprovemeDts within the Potato Patch Club. The following is a table of the allowed and proposed development standards for this site.The proposed plan complies with these development standards. Lot area:59,500 sq.fl.(1.366 acrcs) Buildable areo:55.870 sq.fl.(1.28 acres) Standard AUowedIReguired Proposed Density 7.5 du (6 du/acre)5 du GRFA 15.092.5 sq.ft.Dot yet dctcmllncd Site coverage 14.875 sq.ft.(25%)max 11.145 sq.ft.(18.7%) Landscape area 35.700 sq.ft.(60%)min 36.955 sq.ft.(62%) Please resubmit 3 setS of plans with all of these revisions.Ifyou have questions of:l rechnic:Ulengiceering nature ple~contact Greg Hall,Public Works Director at 479-2160. lfyou bave my questions,please call me at479-2148. r: DOmi c F.launello.AICP Chief afPlancing c:Greg Hall.Public Works Dirccmr Page 2 of2 ,.1--r .,"';,"• JOI:'iT RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS A:"IO -'JE:l1BERS OF THE POTATO PATCH CLUB CO:"lDO~II:"IIUMASSOCIA TlO •(:"Ie WHEREAS.the Potato Palch Club Condominium AssociJlion.Inc,(hereinafter referred to as the "ASsoci.:nion'·)is curn:ntly a p::lrty to certain litigation initi::lted by John A. C:lrnie:Jnd Joan T.Carnie (I he "C.:lrnies")requesting the condemn:J.tion of a cenJin easement o\'er propeny owned by lhe Assoc:,:uion in ordl.':r to OblJin ;)CCCSS to a landlocked p:.lrcel of bod JOCJtt"d adj.ilcent to AssociJlion property and currently o-"'ncd by the Carnies (Lile "Carnie Prop°:1Y")· WHEREAS,Ihe Association has been :ld,'iscd Ihat the Carnies may desire to sell melr property (0 ~UL Development Inc.:mdlor MichJeI J.Lauterb:J.ch Jodlor their assigns or aifili:l.lC's,(hereinJftcr coI!ecli"ely rdtm:d to ~i the '·Potenti.:ll Purchaser'').. WHEREAS,initial discussions hJ\'e't.:lken place bel ween Juthorized represent.Jlives of the Association ~nd the Potenlial Purchaser concerning the purchase of lhe Carnie Propcl1y and Ihe possible grant of an access e::tscmcnt o\,er Association prope!1)'by tht: Association to Potenti;).l Purchaser. WHEREAS,the Board of Directors of the Association have reached a g~n~raJ understanding with Potenti:ll Purchaser regarding the process by which Potential Purchaser could obtain an acc~ss eJ.sement from the Association at an ngreed upon location if Potential Purchas~r nctu:llly obtains title to the Carnie Property. WHEREAS,if Potential Purchaser obt:l.ins approv.:Il of the Town of V~il (and all other governmental entities ,..'ith jurisdiction over the subject property)for Potential Purchasers development plans and specifications (the "Plans and Specitic:llions")with respect to the C.:Imie Propeny,the prospects of a transfer of title to the Carnie Property to the Potential Purchaser are greatly incre<lsed. \,:HEREAS,in order to obtain appro\'al of tht:Plans and Specifications for the development of the Carnie Property,Potential Purchaser has advised the Association th:n Potential Purchaser requires a lener of intent from the Association agreeing to gr:lnt to Potential Purchaser an e<lsement for ingress and egress over Association properry to the Carnie Property at the location specified in the Pbns and Specifications. WHEREAS,if PotemiJI PurchOlser is .:ble to acquire the Carnie Property and obtain from the Associ<ltion th~eJ.sement for ingress and egress more panicularly desc:-ibed herein,th~Ii ligation filed by the:C:!:ni:,:s wilh respect thereto could be disnissed :md Ihe Association could be released from the obligation (0 defend suchaction. WHEREAS,on June 4,1999 the B0ad of Directors of the ASS0ci::nion adopl~d a resolution (by a \,ole of six to two)recommendil'~g lh:ll the Board of Directors bring to the owners and members of lhe Association at the ilnnual meeting,a resolution iluthorizing the Association to pursue the maliers more particularly described herein. I EXHIBIT '7 •• NOW THEREFORE,BE IT RESOLVED AS FOLLOWS,in aeeordonee with Section 18.3.4 of the Condominium DcclarJtion for Potato Parch Condominiums: 1.The Board of Directors of the Associ~tion is hereby authorized to grant an casement for ingress and egress to Potential Purchaser upon satisfaction of all of the terms and conditions therefor set forth in this Resolution. ·u Purchassb 2.I 'e f the fo (the "Easement'") owmg conditions by Potential (a)Acquisition of the Carnie ProperlY by Potentio.l Purchaser; (b)Final plat approval by the Town of Vail of the Plans and Specificalions for development of the Carnie Property (the "Development"); (e)The Development shall contain no more than five (5)single family residences and shall not exceed 3,500 square feet GRFA,developed and built in accordance with the site plan attached hereto; Cd)A :;0 foot setback from the Association's east property line shall be established in the Plans and Specifications and maintained by Potential Purchaser; (e) u dius of t own of ail F ~asemsP'wall not be more than 25 feet in w;dJJ]and JrL within the AssociatIon ro ert must be a roved b the C.ssocJatlon oar 0 irectors; (f)The wriuen evidence of the Easement must provide that all costs of surveying,complying with Town of Vail planning requirements.all construction (including road construction).landscaping and rounding of the entrance.as well as lhe restoration of any Association property which is altered or damaged duringconstruction, shall be borne solely by Potential Purchaser; (g)Potenlial Purchaser shall,upon execution of lhe formal documentation of the Easement,pay to the Association the sum of $250,000,which shall be allocated by the Association as condemnation award damages as specified in Section 33.4 of the Condominium Declaration for Potato Patch Club Condominiums; (h)The written documentation of the Easemem shall contain,or coincide with other documentation executed by the Association and PotentiaJ Purchaser, a fuJI seuIement of the Carnie litigation with prejudice; Ci)The Easement shall nOt be granted until such time as Potential Purchaser has obtained fee title to the Carnie Property; G)Upon issuance of and in conjunction with the execution of a letter of intent to grant the Easement to Potential Purchaser by the Association,the Carnies musl agree and stipulate to a rc::asonable cOluinuancc and vacalion of the trial date and 2 .'•• abatement of all legal proceedings in the current condemn:ltion litigation,pending completion of the Town of Vail planning process with respect to the Plans and Specifications of Potential Purchaser for the Deveiopment. FURTHER RE,~oVED that the Board of Directors of the Association is hereby 1'1IIthorized to issue a -~ener 0 10 cnt 0 e c ~ oaramcters to easement set ort a ~ and/or condi ;"n~re counse or e ssoc'the- 55r orMI of thf>to Potential Purchaser.Suc cHer 0 Intent must contain an acknowledcmc )rc a er t at t e Issuance 0 t e etter 0 Intent and the c on c ent shall in no way be an aooroval bv t SSOClatlon or any of its member ment or the Plans and Snc:ci lCatlOnS an t at all me r 0 t lC Association and the Association itsc lIS to arllCI atc III anv own of ~ anmn r ent of the Carnie ro e.ot~nt ~ acknowlf'rll'lP lh~t cc ..CI t:o~$cd to the grant of the Easemem an may active y p~rticipate in such Town ofYail planning process.., FURTHER RESOLVED,that within the limitations ~nd p~ramelt:rs set forth above,the Board of Directors of the Associalion shall be and is hereby authorized,empowered and directed to nc:golinte,execute and,as necessary.record the above-described lener of intent and the final definitive ....,rinen Easement in conjunction with counsel for the Association,and to negotiate a final settlement of the Carney litigation,with prejudice,as of the result of the grant of the Easement. FURTHER RESOLVED,that the Board of Directors is and shan be authorized, empowered and directed to explore the possibility of creating a sub-association with respect to the final approved development of the Carnie Property for the purposes of: (a)sharing the cost of maintenance,repairs and snow removal for the Easement; (b)access to and appropriate cost sharing in the maintenance,repair and capital improvements to the common clements of the Association,including the tennis courts,pool,spa and health club;and (c)to amend the Condominium DeclarOltion for Potato Patch Club Condominiums to include the above·described provisions,subject to the approval of the owners and mortgagees of units within the Association as required by such Declaration, with such other terms and conditions contained therein as may be required by the Board of Directors and counsel for the Association as appropriale. •• Th~undersigned,as President of the Association,hereby cenifies that the Resolutions contained herein were duly adopted and approved by the Board of Directors and the members of the:Association at the annual meeting of the Associ:nion conducted on July 2,1999 and the subsequent Board of Dir~ctors mc:eting held immediately thereafter. Th~~:f~f.t,~ Association Approved and accepted this .s day of A,......".....>'> ,,•• • , , -I ...' • .'• EXHIBIT I~ -" •••~n ...•..,. ".' .,' ", .., ., • "...~. -i ,- I, '0,•., !::= ,~ "" , 1 j L; :I•r-i!!,IIr·.-."s;:: .,..~.. .. ! '. •·•, Critical Root Zone: Area critical to existing vegetation to ensure its existence. Densil)': The numbcr of dwelling units allowed per lot or the number of dwelling units allowed per acre. Cross-Over Aisle: The drive aisle where a 90 0 0r grcatcr rum is required by a vehicle to change drive aisles. Disturbed Area: Any area where grading takes place. ".H .... "• ", •, J ••••.. ••••l •Ii 11 •-...-."...~,..-'=.~--------......... localed where a dJiveway or feeder road EXHIBIT I 9 Town qf Vail Development Slandard~Handbook• DemolRebuild: The destruction,demolition,or removal of fifty perccm (50%)or more of tbe gross residential floor area of an existing dwelling unit or structure.The determination of the fifty percent (50%) shall be calculated upon "gross rcsidential floor area"as defined in Title 12,Zoning Regulations. Deck Setback (grounllievel): A line or location within a lot or site which establishes (he permitted location of an at-grade (within 5'of grade)deck or patio on a 101. Curb-CuI: The location where a driveway,parking area,or feeder road connects to a public street or feeder road. Design Review Board (ORB): The body responsible for rcviewing dcvelopment proposals in the Town of Vail.The DRB focuses on cvaluating projects based on the Town Code.Master Plans.and the Design Standards as set fonh in the Town Code,including architectural design,site planning,landscaping,site disturbance,etc.,and as established pursuant to Title 3.Chapter 4,Boards and Commissions. Cross-Over (switch-back or 90°Turn): The area on a driveway where the turning angle of the centerline of the driveway curvature is 90 0 0r greater. Driveway Pan: A concrete drainage structure which conveys waler; connccts with the public street. 5 Deck Selback (not ground level): A line or location within a lot or site which establishes the permitted location of an above grade (greater than 5'above grade)deck or balcony on a 101. Driveway: A paved all-weather driving surface on private property which provides access to 3 or fewer dwelling units (including EHUs).Driveways generally provide access to individual dwelling units. 6 Landscape Area: The arca of a site not covered by buildings,drivcways,and covered walkways.Core Frontage: The pOllion ofa lot which fronts on a public or private street. Entry Angle: The angle created at the intcrscction of the centerline of the public roadway and the centerline of the fi"t 30'of feeder road or driveway. \ Town of Vail Detpment Standard~Handbook• Fire Code: The Uniform Fire Code,as published by the International Fire Code Institute,5360 Workman Mill Road,Whittier,CA.90601-2298. Feeder Road: A paved all-weather road or driveway on private property which accesses 4 or more dwe!ling units (including EHUs).Driveways to individual dwelling units generally connect to the feeder road. Exposed Face: The arca of a wall cxposcd from thc finished gradc line to the top of the wall.The cumulative exposed bench face of combination walls. EHU: An Employee Housing Unit as defined in Tille 12,Zoning Regulations of the Town of Vail Code.For the purpose of driveway,parking,and access standards,an EHU shall be considered a dwelling unit. Dwelling Unit: Any room or group of rooms in a single·family,two-family or multiple-family building with kitchen facilities;designed for or used by one family as an independent housekeeping unit.A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third ('h)of the total floor area of the dwelling. Dwelling,Single-Family: A detached building designed for or used as a dwell ing exclusively by one family as an independent housekeeping unit. Dwel1ing,Two-Family: A detached building containing two (2)dwelling units,designed for or used as a dwelling exclusively by two (2)families,each living as an independent housekeeping unit. Dwelling,Multiple-Family: A building containing three (3)or more dwelling units,including townhouses.rowhouscs, aparnncms.and condominium units;designed for or used by three (3)or more families,each living as an independent housekeeping unit. II ••• I ••I, ••• I I I •••• .'•Town of Vail De.pment Standards Handbook Other Requirements: Single-family,Two-family. PrimarJ'/Se-co ndar)'Multiple Family Multiple Family Standard -access 10 not m;H'C IhJ.n 3 dwdhllli:unllS ·;access iCI 410 II dwdhlllllnits ""«us 10 more tl\;tn II dwelling unil1 (inclUding EHUI)·r<*l~r m:ld only -feeder road only ·5ll11Cl\lres :lml ~11 portions lb""..ofwilhin I~O'from Wile of Itreet Davcrn..::nl Curh Cuts Curb tUl'!pUllliu~d I jl'!f 5lreet poer IInll 2 per part'el Minim\l1l\n-xesury for 3dequ,llc ;I((CSS {alImbnl M:l.'lirmlm of2 curb <=IllS per 101 Parking Rcquin'm('nt.s MIll.bornonlaJ 24'SlA WA dun.coe bot",·un ~n:c dool"ll {pan"",1 lD ",ad)10 cdl:c of ~bUc s~1 pU"tIPUI (o.U,1I J) MIn.IlDrtmnul S'S'1"J drar.UKC MIWUI I'l:qulred parl.:lllR splice Indcd£:cufpubUc stnCI Dr fudu road U'eUlfnl MIn.hurbanlal WA Z'from otl$lrucl1ons 5'from obSlf\I\:llOnS dun ncr from feeder S'from buildings 10'from buikhlllS rl),lId 10 slract",," JObstnlCUllU (r,K.. (lIudulh.Inu. "'UI"I,,:'IUUs.fie.) DtulISl Pirkl":Sp:Kf slu 9'I 19'IUrfICC Sec T:lbk ...s..c TIbk 4.CommelCla1!Mlliuple- 9'",IS'CIIdo$Cll COllVl'lal::WJM'ulllplc.FImlly Family P:>rkina lot Suinds.tdl PIOOnl!lor Suncbrdl S1l,b1 4lst:l"Cf Irt."t;1f FOtW:lrd :';lOVe!tl.:DI:IU'pcrpel1dlalW '"10'petpend,,;:ul;u '"~50'btct:11 10'pcrpcnd1wlJr 1I ~~O'bl~'D1 {sum (DtUlIl)2SO'b\~1 (Uriel compliance /I\1.y not be ClJmpl~nce m3Y nOt be required on Silel Bs.ek .....s.n1 Movemenl:IS'perp<:ndiwbr required on Illel nOI ~Ic to 1>01;,b1c 10 pilyl..:ally eOll"fllYI '"250'1:1I<:r.l1 pilySlt.1l1y cOll"fllYI (line I eontl'h3"ce m.~y nOI be rcquiroJ on lite,not 3ble to nhvSlcal1v com I ) HIC k.U111/1'II rn·:rrllund I~'WId.!B~ck·outllllO right-<lf·I'lIy BICk"lUIlnlO "!lhl-of,wJy prohlbnoo IlrCll 20'c"nl,'fIin"r.ltlius I'rohibll",d (De[lll11)Dellgllo:tl for J paiM lurn or I"",Csr lUrn·uounti :lr,'3: TutrI·s.rounoJ ,1ll::I:12'Wlde R.:qU1n:O \\hen:12'Wide 2Q'c"'lll"nin"r.lU1UI •crosloO\/cr :lnglc is graler l!I;all 12Q";20'ccnl.:rlinc roIlInu DcSIJlt'....tor)pOtnllUr:l or 1,,11 •entry InSk II leu lh.Jn 70';DcSlI'fl"u for;'pqinLlUfD or 1.:11 Trock lum-Iroulld IreI; •IccC1sing I colleclor.In.:riII,or Shit b.:dC~I"",d $0 lNdu c:ll1l me commerciII Sl~;or for-..nJ u .....,tmin.-d by ItIflic cngllMer •bs.ckolll Rgbl trUIIgle lCqu'retr"Ol!lllll nOi b:lsed on lISCI propoloCd.-, Dr1vf""'~'P:n 4'WId.:concre1e fQ!l:l1 cdgc of:lsplull fIK ·r ..,Ill:~oncI\,1"p3II :It "llse of S'""Ide COO'lCl'Clc p;ut :It edge Qf;upil:th (Dnlu~fl lbe full ..,dlh dn""C ..",y ~cm:nl uph:lll i1r Ibc full wililb dtiwwlIy for lhe full W1dlb c1nvl:w3Y p:r.\/CfTlI!nl 1~lallll indudmll r~1l1rns "'crncnl'ncludml:refUm~ind~lhn...1\,1UrllJ Vehicular Maneuverability Parking required for each dwelling unit must be independently accessible (i.e.,required parking for one unit cannot block access for parking for anmhcr unit on-si[e). •••I ••I ••••I •••• I Table 2:Residential Access and Parking Standards 12 I EXHIBIT Ii) 5.Parking Lot and Parking Structure Design Standards For All Uses This section (Table 4)specifics the parking lot standards for all uses excluding residential uses under 3 units and including,bUI not limited to.commercial.retail,office,restaurant,institutional. hore!.accommodation,and multiple-family development.These standards are subject to all conditions and exceptions described herein.TI1CSC standards shall be considered the minimum standards.When two or more standards conflict the more restrictive standard shall apply. Angle of Minimum l\1..ioimum Minimum narkine;5 nac('One--wav drive aisle TWO-w2\'drive aisle r;,.rkinl!Sflill size and clearance 00 (paralll'l)12'22'\,I'x 24' 45'12'22'9'"19'surface 9'x 18'enclosed 8'x 16'compact (up to 25%of required parking in lOIS with morc Ihan 15 parking spaces and clearly marked as such) 7'heicltl clearance for enclosed n.ilrkin~ 60'16'24'9'x 19'surface 9'x 18'enclosed 8'x 16'compact (up 1025%of required parking in lots with more than IS parking spaces and clearly marked as such) ;heiclll clearance for enclosed n:ukine 75°22'24'9'x 19'surface 9'x 18'enclosed 8'x 16'compact (up to 25%of required parking in lOIS with more than 15 parking spaces and clearly marked as such) 7'hCicll.~for enclosed narkine: 90'24'24' 9'x 18'enclosed g'x 16'comp.'lC!(up 10 25%of required parking in lots with more than 15 parking spaces and clearly marked as such) i heicltl clearance for enclosed narkin!!: Cross-O\'t'r'drive 18'24'nI, aisle Dri\'e aisle wil h 12'22'nI, no oarkinu Min.opening for 12'20'nI, a parking structure entrance --------,~. Table 4: • Parking Lot Design Standards 15 •Town of Vail De,'e/opment Standard..HOIldbook •• I I a a I II ••, •• t •••I • TOII'II of Vail Del'i!/opmem SllIlIcI{lI"ll\'Hallclhouk 8.Summary of Zoning Setback and Development Limitations, 'Il1is section (Tablc 9)sped lies site development standards for all Zoning Districts in the Town of Vail.These standards shall be considered the minimum slanrlards.When two or morc standards conflict.Ihe morc restrictive standard shall apply,Additional <Ind spccial standards may exist in al:cordancc with Titlc 12.Zoning Rcgulations. Tobie 9:SUlIlmary of Zoning Sctbnck and Developmcnt Limitations 1..ou l>hlri<'U Mu.t:IIU ~llft,Mi...I)..,k MJ'"Otl:k Mu.MIl,SII,~II.,Mi •.tal Slu Mlo.Min,MIl.UulkHo~"""'''I:...II"....jn~ I).,ully Allu,,·.uu U"lhlltl~1~"'tlI,d I"'d)(1I"ll:rtHlU•.I ,\n:hllorllll'lli C:"'·.'IJ:'1..,,01,<01'·l~ull"'"b"'.f1'.1 f",ol·E'Squ ...,lld~hI I"...nu. S.,I0....'.Sotbuk ""rilS."b.o ...l',aj,,,,lloJI Ao.A,.. 101"\.,h.rk Hcsidrnli31 UhCriL1s ""I un~llt'I Ill"V ZIt'(",,,M,yp"'j<C1 .....Mlyp'~C1Il(J1 "I~%,U'.~21.7S(Io (,~'SO'..Itr Jl)'l\.l,ro<>l"~ill'"I~.0,,1""lU....pn 101 III 1\',tA,"••".,t.>n ,II.mort'Ih~lI'l~}r .I.....~~~~,(10 ....'..1"1 (..ok I'""""u.d WOld...10...,or 11)',.In...,on ••Y- UlIl,lde ~\~In.""I"';,N II,.,r<"~Lf\"Ih';k1.~'I.1 k1n"k .......d. M'1t I unll JX"I r)fJ<"JJ 1""2U'f"••M..)·p,,'1.«II<.C MJYI''''.I.:t no..'.ot."'"11.~OO •.(»'lQ'dll')I)'flJ'IOI>I'Se.Illi.12.l ""1-"Ill. b .....1S',ut "",,~~,h.""'••llo"'lh.)}'I~nl..,.,(Muni"lHI ('0« e....dll'mol 1~'.......1.........(111".-..,.....or~DI~ lll.'tk t U'U!'""'"11K'fftlU;,nl III.''''I""nl 1t<>1......U.1 ~"<,,....loa<x It &.I'IS 2 un~1 I 1)1"II per N'rICIIlI ht.Lyp<oj«1 r,,1 ~tlyp"'1«'NIl "20%"'"U.llOO ...r '"8O'.lcr )(I'fbI ""'"s...lil'"12,(lwp"·'10. 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Ck"'..""...".........h""t bWI.IirIlII).'..'..""'11M .... 111,\1)'9,.n.ll lyPc III 20'(".M ht.Lyp<"l ...."'"~\o).""''1.<O .Ie "J~%<Mr..•0.000 ..(lO'ar.,lI'H'i\.lI,..lI 1'><1 po,k..,,..("""....b ..L ron ~.'C 1)'1"IV 20·....'"...e'II....I'"""'t.1M I".n'II,"""~roo( 1.....1)••111)"••:!U'"Je."'u<,ofllJ'.,1......."(.\'.,,I; ~t"hl.,I.c,olu""...l ~;lI,.I'ni"ind II ..·""11>"'''' I'••,g ,"....h........,\h....k MU:tIt'1.u"".Iy".lll 111'(''''11 ~byl'rojc ........"-1')1''''.''filii """"'"100oollo.r '"illY A III 1~'0.1 rn<,(N.'I",k......1....<1·..11 ... f'CI"Ie",Iype IV 211'".11 nW""1hz "'"".,'~Ih ..,~'"la'01''1''''11,.00(,.........,h.-.k ••:!II'Old ..."'ue!"r 10'••I....,"r\'",1)Iu ..."I ...,""~""'IJ ~~1<0.-..,,1 ~1.,lh"".,"d",,,,..1 \;Ille '''-)''''...1 Ih.''''luh<l iIo"....I..,U..~I'Il<lldol.... lkl.ilr Il..·ICIh ....k .Clb ..d.f,ompoobll..._..'liuI1M M.1l111'1t m~pl ....11 IIi<i<lrn ,_..poolJl ... I·.....)......11..1 t<\l .....,",apcn,.. ••~....l.or><.......- IIU.\It"l~""'"In'"lI.I 2iJ"f"...M.),proj.c.",01 M·'YP'''J~1.'"'".'""}O'I'10.0lIO,(:'"lIU',SIr 4\'11.,,...,,1 Nn 1"1~"'1l1ll rn',"....".d I'"'~I'1}1'"IV ~(I'".•,"...""h"'hc "'''!~th.",It-..4~'Ih~~nll """••2(1'".k.I,......,"r 10'<t ku..co(~·OII;a·••!""h'~""'(be 1oo.M\I .""....,,,".1 Yo ,''''"",ui,""I".1"'l"''''lI .,....""•..".1'1 ..~.l"'" ""....11 ..<1:"",hJ'''' .....I'IbIi<___"...libr lilt.bu,i'Y 'OII'~I...l)o hdOc1l r......ptbI" l\1"ltl~lc .......1'""'..1)0""'1"""""'"".mW,·..""...1..,....1"'10<0., • • •.....•••..21 •••••••••• ,...•• •Design Review Action Form TOWN OF VAIL Project Name:Potato P:Hch Creek Project Number: Project Descriplion:Development of 5 dwelling units in Ihe Residential Cluster zone district Formerly known :is the "Carnie Parcel." Owner,Address.and Phone:John and Joan Carnie 2910 !\J.:mn's R:lnch Ro:)d.V:lil CO 81657 476-5140 ArcbitecIlConlaet,Address,.and Phone:Michael Lauterbach PO Bo.3451,Vail,CO 81658 476-6944 Project Street Address:East of Potato P,:uch Club -)io address .::assigned Legal Description:{jnplatted parceJlocated directly east of the Potato Patch Club Parcel Number:Building Name: Comments:See conditions.Conceptual review conducted on October 6,1999. Morion by: Seconded by:Pierce Board/Staff Action Aasland Action:Approval Vote:4-0-1 (Greenauer abstaining) Conditions: Town Planner: 1.Prior 10 Ih:rt:o:;!inll oj:my plat D:::~l\S-;.,~C:iOD OD the Ca.-nie prope:'lY.t~e owner/ilt't'licJ.nl sho.tll sec-..::'!:kJ;llI J.C:::ss lhrnllgh :he:POl:iIO P:HC:l Clu:,proper:)'\'i3 l1:l.1::=::ss e:lS::ne:l1 or si.::lila:ins::"..:~em. 2.P:ior 10 the m;o~ing of;o)l pl:u Dr eooS"MouctiO:l on !be C3.'"Uie prt:lp::'t'j.the:DW::Ie::lapplic:lnl s.bJ.U ohui:l \~tle~::;:p:'O\·.11 L'"O:n :he !'Ot~IO P31Cb Club Hooeowncr's As50ciJ.tion for co:r.ple::iJl~ d..-:ivcway/ac:::ss impro\'e:u::!!S (i.e.•p:!.ving a..-:d pdi:lg)on the POlato P:ue::'Club propc::1y. 3.F:~:::\"il eO~:::-".!lg pia::s must.be:::p;:-::\\'ed by the TowII £n~:"C:"for ille .1:::;eu road;trior 10 lIppliclIcoo.for II build£:::g ?=.iL 4.Th:3?jlr.l\·lIl is spcdic 10 t..'Je C~jc:prtlpe~3.Dd does nol Olend 10 p:-ope:'ly outside :he subjC::I pa:ee:L Dominic M.:luriell0 Date:10120/99 DRB Fee Paid:S250 Project Name:Potato Patch Creek EXHIBIT I II :}';>:,,:,. < I l.\".I...'/'I .I."~.\.:.' .;'•.-:,.'::....,.~..\.:.."'. <,.,".".~·" <,.. .I ..•.'. , ••. , .,..•;.,'.";-, ,-,,,- ,':. :.'..' " ',",:........",,,', ",".',' ,'- .' ~~'~<''''''.,,,,-,,.,,!,,'_"."''''''''""""_"""""",~."",'_",~,,,,(;,~~""';""'-~v.""~~~P'.J.1'.~.;'.~~I:":·,::.1p ..,,"~,~"£~:':"i-}!!'"")r,~~~:it/l-r~l\r',,:;-~l.,._;;~F t'-·';'.:;'p;\-.J~?:.~,::.o:r.J~...f~t·'.~.".'}..:,..,.",.,:.~".,-,.r~.:::-;~!k~,~.:!tl<},'-~.",':s..)i......'.'....,;.·'\':;it.~~11?~'r .......,:'.'~'.--,~~fi'-"':?j."'--.'~'.:,....u f~-'"'~'.'::'f-~...,:":'...~:::,~.-'L''~a;t<~',;;:;l \•.:.j'.....,....:::::i-orl-,'.:.J'~..-~..;:......\.".,'-:",;.\i;)':: I ".I"::".,~.,~.'':;,''J....,~-":p;':",:;"'iifj-...._;.;.\".,~.....'",:!""...,.1,~.~ c"",';"-,1:'h ~.<':;.f.~:..e!!.l.:~.'''''-;;;.:",JJ_i,.~~'''':tl'l " ;w.;;:';J'A.,''I'~:'~';-$-,.."--"~~''\:;~1-1.11,.,,:,~!1:-eC!~'('.H"S !I .•a be'tcn~inil:}le by:,ctt~,(:r r:>~l:ty;....ithout ciluse";lnd-;':,',~.~~.~~;/,dtho\lt 2a.yt',en~of"te=-min."ltion .fee,on 90 clays'01:I~S5 no.tl..c:~\,:·\:":·.!/~~f ff:r:~:J.12.~:-lap$"weens ~h~~':~.:l.F or IT.ap~,as suoolt:.'rnc.ntc·c"alld·...:',r:>:~r.;,.:·_<l1':".c:1~t·L !:i,-(;Il~fur r€-col:d ....ith the Cled:ilnc Reco'i::clo?t·of Eagle ,,-,::::.~;~ ~F':~{:C'lln~~,•.':':l;"aJo,·~c d'.?scribe th~Pt'Oj~cl,The IMPS shall depict'".:';:::~."t~H~?t",;~(,>ct a::cl it~;cor:>po:"cnt pa.l:"lS tc cleerly sho....i1!;le<lst thhe .,.~ ¢iol1o....~~g;(1)bO:J;,\";.lry cesc:'iptioii of t,he !'r-oject,(i)tho:loc~"':".,::::lo~o~,•.1 b.;il:1ir.,s Ci:'lG cthc:t'il:\orov('I:'~:~lS theteor.,(3}thC!floot'.,,' an,;.....<~11 :h':'d:n<~b:>and ~,uiid.ing.:e·lcvations.(4)cO:1co':'!iniu"l'l l1"it.<;~,.~~.~-;',::~, by ~:Jlr::e~,(5l gen~ta:'com~~n C!Cffients,and (5)limitet commdn~~'t ,c1"':;",.:-r:tF ...itt.dCS(Ti:;tio~~,t.usc li~itation,,,;~ I ('.....-.'.,.,;;-,,~!! ).1).·.!'lor.tgage~:',mC!ans any pe["!;(l!i 01:"entity .,·ho i!>d /.·5.~ :-to:-t':jag-::e unc!?r ·l.mcrtga9~or'il Se'ne~icia!"y urvJ",t'a deed of.trust (ir I'·,.,'~j'li.~il,:la~'5eCtld~J'ins:.t'um~n':encumbedr,g il C'onclcmi:ii'l::\unit.'An,,".::1 t':l:·r.-.t!),~,t'C'!$sing a !,('rcen~ago;'of.·mol:"tagee$such as ~rr...j,Jt'ity of -:'it mot'"t.gar,:e':s~0_-67 pe~C'l!nt of 'the m.:lrt<jag~<.!s-shaJ 1 r:Jean thOS~~-:-.~;S mor~gaS'Jcs o~th'1 cC!scril:~d pC)'ce(ltl!9~of the tot~l u:idividL~d··;'¥.'":}j o ...·I:C't'"sl-:ip of the,con,mo:-.€-le:Tlt.!rlts,'-First mOl:"tg~gee"frobHIS'the...'-I~.',0:·t'Jo'll]"~urd(,"s<lch ins',ru'ilicnt whlc~is par"rnOUnt 3:ld m')s';soniC/c"-, (If all $ud:inst~um"nt!'<cl'cuf,iberin9 ~condo:TIiniwlf\unit,.. .':9.'.:;.....,>~-,~~~~~~'~,~'~'~.~~''~>~'~~~~~'-~'~Or'~~~~~~~W~"~>~~~j~ct'SQn.,;or e:1t:'''r.s<.m·;'".... ~",I:1C.U lng C~UC;lr,...c'.a'.·:.,ng sue,l:ltf'!re~rt 'merely ,1S fonr.C1dce of an Obll$l0·tion.,llwncr ..:means "t:'lenbcr"o~th~PC,a.to PiHCh Club '':o:ldodnilJ;:\"~!"s?c!.atioii~.,:~n,ct~.in·accord.!nC'p.":itr.th~?;"o',isi"ns of i:.s Art.lcles c~,-In<.:o::'oot'6r.lOn:and 8'/Ia ..·~<!!".c u!".~1(',tho:!Colorado ;~O"f'lp"o(i:'Corpo:-atlon "Ct',.J!!c!}.q.....nct shall bo:!a m<?rlo",::~o long as !':e o!"S!H!i.s an C'....ner.',r!:ti'"'t':n ~'elC.pressin~a P!!!"C~r.tol'JC of OW,,':!r- s~jp Sl:~h aB:'"ma)';I::':'y .Of';p';'::'lCr.~~or -67 pr-rccl\::of,tll':!O....:,Qt'~" shall :TIC":1 tnose O·...r:<'r:;~of.t,h!!'I'pescrlb~d ?et"centd'~p.o~t~~tot~l~' u:1clvio,.:-cl ~""nc:'ship (,~.·th(;,crw.mon -.eh·r.1'!'nt"i ;}:id tr.,,~;€CIo'r.O?t'.<;e:lt i.E ,:....~,- tl~d to cas:tile de!';crib"!c)pe1'"c"!nt,~g'~of tt".o::tot ..d 'JO~<!S i~tloJt . ;.,:;!;ociatior..,'..,\ 3.:5."?t"I}j~~ct"::I~.;ln:;-t:~':!r.-;-ndc:'li:'!iJ'pU);Jen":',ir.cl'Jdi·~~:· lane "r::::l:r,pro':c:-,ell~s,bC.1t'i:1<;J t.::...nam/O POt-,ito P"tch ChJIJ co:-.,~()-'f"r.:i:'l':l;m~~i~IJ<lt'::!~"~ll'.:__T'1 ...·n c:v'::11 ,CO'Jn:~'or Li.igj,~,Stdtl::of C~llot-aJ'),...'!'.id~t".;,!;1:.""(':1 O~'",ill b'J SUb::1:.t'~~t:J t.~,,:,plO','isiar::;o~· :.he Color3do cc-r:C:C",i:lll.l""1 O....rl(·n...~.i:.\c':.by:!,,:,1:',:-coI·Ji,.,·.1 c~t~~, f)eclal:c:io-:.::~c::·;.1r.5.1,"1':'Prr",j'.lct i,;:'!'~£cr:t'~d ill r.y!'·dbit·"::.",3!=' :='Jpp 1 e:;l('r.':.c,d. li>::.}s"r.'lt'u,1:;;thr.·1,1;1r.";'...! "..."...'t:iC~1 !ilC'iiiti~~ br t!"~r,s;;~ci<l:i'):1. ",rC::'IOJrt.<;n':','l.J'~' • ;. .','..,'. • ,,,..-..,.••• .."'i .'!.,','.,,.\.I.,•'.••• .',.","'."."::'"..;.:~;,{:;;'\~i~:~\'~'.~"'~):..~,A~':::~ t".,',I,'I •••\',•I''..•'.'•...',."~'.':;'-J..·'·I\';·:.~,:.\~'\" ,""••\,',....·;r.1 ..1~'••J.·, ,. ~.J.F.I.'~:-y cor.e-act fo::the sale of ?condoIT'inium unit '~'ti",;"n :.ct"'."the !illnl"1 f':H"recot'd 0:l'~~Ilaf's or 'Dt:"'.l<9nltiQn m.-y >:-1i111',t~.;scribc ,)co';dominiurr.unit ~~y i~s id(!ntif~in'2 unit c~:;i.:·:.:,!.itl-~.:;;~".·t>c ~y :hc n<1:"1(>~Fot"tC r,ltcl'>Club Con::lo~,ir;iJ.I;o;5." T:1('lc...C<1t.!)rJ ,'~.<;o~cil condo~inxum ur,it described in Exhiblt "iJ," 3f'sl;.,."l'~;~I';"1:.....d,0:1 the P~oj!;:.::t deserl!)ed in Exhibit ~B,"as su!;plc- l\IL'r:~,,:C.!'.r,.:!!l b"d •.:pictcd t~11 ct'-,e Ma~s ~,ubseq\Jcn~l,/filed :'or recorc.1, >. ( trl.lo;t.,:rort- SP?do--:?i'l~ ,~h ~.;. i·l~'::.r:'!,:t s'Ja 1 Lf'tt...,.:·~':\j;S or c ,~ ""'r \'p.....'", h'~a~....,O~C!;•.0 or oth""c·...·isc ~c:..n,~r !],'J ~f'"'r.J .,il heJ:rrlt;~dcClt;~I~nC~;':'l·"","Sl.lch ("crl- ticn .~,.,"I:'cons cue to Include a nonex:lu~iv'!eilSEmcnt for i~'::r')<;~~:--~l".;:.,.,;~':0 ~lll O...·~~:"s,;uni'.;.,use of the c~ncriJl CQmmon~h'.r".:'lt:',,111d ~'J"'J:('kr;~,'.lna;"~d ~i.lTritecl COrt',mon r..l1(';r,(:nt:~s':t for:./'i~ E:x~i:c,::.."i~,~,lS !':.J;"';Jlci"'e~ted.~.~:~,~:..-:'. ",',~'!'~,c r<:'f~i/'r.ce~~o::the M<lps Ot"Decl,)c.Jtion i:1 ,':1'/ !..".l('~rl:cd tv inclliae <lny ~u?plc"l';;:1tl';ane am'2':1C:r:'.,:,nl,.5 D~cla)'~~1~"~ith~ut.specifi~reference thc:'~to, .-'..."'.,.'~;, 5.6.Euch .O""n~'dsh"ll ,6'~,1 th(:ul"lci~·it!':"r.ai·rl.lrLC'n.:ln~:'~C !;i~I;;:"i:-"t'irest :1".~nd to ··£In:.·ll£'wr.a~dil:..ion!>o[1J,":~era!"!:".';li:"litt'<! ';;0:\'1;0-"':'-'lll';'r,tJ::r.:O:",5t::"uct",a a:=;set-Corth ir.!,;Xhlblt MD,".;':I~s.Jp;:lc- ::,(",t·.:,.'i·:i)~5'.''.:forth .i:1 p~L·.!'3'r~·?~32:·]. s ..;.~r"¥fOOi·vet.'ke'1,leasl;.-, .Si'l()/!,....:11.o~Ot.IH~l:'lnsLru;ner.t·'YiP'18 °11]•. t ~',}~!'id~tltlfvi t/(10:••I r::u •._ .-. ....-.' "..,~... ~"(;,,~.'"; ~;::~,::.-:..~ t,-·;~~'!: .;;,,'i'''·.: 'i:·''':';':''}; "I. AND PM~:TITIOi'~...,.~~ f.c("~dl)l'l::Jiul:".I.:ni t i.l<ly t;!"held i!:-l"J o-.:~ec i:-:an;~.'.:'<!.;:;rop- t.~~",,.,-,:,'..t'n:t<::':'",,)~Cf rl:'latio:"l~hlp reco..;ni:z.cd encel'tt,c la·....s 01 tj'\e :.';,1'.','0:~'·,!....!a~o.S'Jbject tn th'2 pt'~vi:;iO:1S c!t~li~i f)':C"1.1 ,a:.ir:.11 , '~.'~C~;r'fj,~~-:,:~1J".I~<;"hall to'.:'freF!b'.:lli~r,<l~,le.;':0'~\,d.t'u;t.a:1d~n~ t!f~~or ..'~:"'--:~~''1C '_,II":shat'i~g or ath",::,ferro ()~·.nt'H·val (l·...n'n:o;hli' .:;;!,~:!)'";',""..~.i:.t ••.!,n~r .~l'.dll a r.ol~Joii:iii.1,;1:l .J:1it t;,~p;'r';iti')"'~.! .:.:~_.•:'.'·'Io·::"!["C:t.:l'~:"-::·C[,uI11<,ss 111,1 ur'ltil the pl"il..'r 1o·:·.t':C"l a:j,~''CJ- \'aJ :',.:.}r i~obtai;H..'~frnl!'!..11 of tb~O"""lCl'<;ar.:i all ':)[the :r."r;- ~:il(:'."_"Ll \,'1~t~...:~~.'c conC<,.-::ir,iur'l uf:it it~',l~line ,1t :~'Mt '6; ;;.e~·:'..·:,~ai;0::;:-,.:.O....r.('l·!:a:".li 61 P~~<:t:,lt o[~:~':"flr~t l"(>rt'::EI'l.?~S <:'5 ;~?..:CC"~:il't:..>:).:,'cl.:icatj'J'':'S·.lI;~1 ilc:.i':m ::'.;,1 l"\~t .~f[l:'c:'.."~.,, 0t}·,.;"l.:'.J"~,I')rol;·ol;,lI~,I"nl~. '- ~:b<:!,:.,=JvioL1<ll ,:I,.~lv;'d':'c interllst <I i ( in :;;:'<lCC ur.;:', ;hc CC"';1I~')r. t.O~IC'.!;"l· cl~r.',,:".t!", ""::h 'hI'"?pv'·· sh<+1/t"'~~~"'·.'l -6-,. • VAIL TOWN COUNCIL WORK SESSION • TUESDAY,DECEMBER 7,1999 12:30 •.IN TOV COUNCIL CHAMBERS AGENDA NOTE:Times of items are approximate,subject to change,and cannot be relied upon to determine at what time Council will consider an item. 1. George Ruther 2. Dominic Mauriello 3. Pam Brandmeyer 4. Nina Timm Kathy McCormick, McCormick and Associates Vail Plaza Hotel Site Visit.(45 mins.) Site visit and appeal of the Design Review Board's approval of a proposed 5 dwelling unit development plan (Potato Patch Creek),located to the east of the Potato Patch Club and north of Sun Vail on an unplatted parcel.Applicant:Michael Lauterbach,Appellants'Representative: Arthur Abplanalp.(site visit -30 mins.lappeal-45 mins.) ACTION REQUESTED OF VAIL TOWN COUNCIL:Uphold!Overtum! Modify the October 10,1999 Design Review Board approval of the development plan for Potato Patch Creek. BACKGROUND RATIONALE:See attached memo. STAFF RECOMMENDATION:Staff recommends that the Town Council uphold the Design Review Board's approval with conditions of the proposed development plan for Potato Patch Creek sUbject to the following findings: 1.That the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations)have been met. 2.That the conditions imposed on the approval are adequate to protect the interest of the Appellants and the Potato PatchClub Condominium Association. Interview for two vacancies on the Vail Local Marketing District Advisory Board.(30 mins.) A Commercial Linkage program (Employee Generation)within the Town of Vail.(45 mins.) ACTION REQUESTED OF COUNCIL:Review and provide direction \0 staff on moving forward with a Commercial Linkage program within the Town of Vail. BACKGROUND RATIONALE:The previous Council had directed staff to begin meeting with the business community to discuss a Commercial Linkage program within the Town of Vail.Initial focus groups were held with the business community on November r"and Bill.The memo summarizing the comments was prOVided to Council "n November 23rd • Follow up focus groups were held on November 30111 • Kathy McCormick is the conSUltant engaged to help facilitate the process. She will be here to answer questions as well as outline her proposal for next steps in creating a Commercial Linkage requirement. 1 •• 5. Brent Wilson Allison Ochs 6. Pam Brandmeyer RECOMMENDATION:Direct staff to continue moving forward in creating a Commercial Linkage Requirement in the Town of Vail. DRB Review.(15 mins.) Funding Request for Police support for HOT WEDNESDAY NIGHTS. (5 mins.) BACKGROUND INFORMATION:The Vail Valley Foundation.although it had not been funded through Y2000 Council Contributions.had requested from the Town of Vail the following support: A Two officers per event (18 events) B.BarricadesfTrash removal C.Installation of 2-20 amp circuits at Checkpoint Charlie. D.Use of 5 TOV Special Events Permits (liquor licenses) The town has been able to provide the installation of the electrical,the Special Events Permits,and personnel to provide barricades and trash removal for each of these events.However,the Police Department was unable to absorb the following costs associated with these concerts: 2 officers @ 3 hours each (6 hours total)@ 1B events @ $35/hours = $7680. Staff is requesting Council approve either a supplemental appropriation or remaining funding from the 1999 Council Contingency funds to provide this security function.Council has $15,942 remaining in their 1999 Council Contingency fund.For council background information,4 concerts will be held in 1999;14 concerts will be held Y2000.Of these concerts,14 will be held in the Village;4 will be held in Lionshead. 7.Information Update.(10 mins.) B.Council Reports.(10 mins.) 9.Other.(10 mins.) 10.Executive Session -Legal Matters.(30 mins.) 11.Adjournment -5:05 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (IW.TIMES ARE APPROXIMATE ANO SU8JECT TO CH.o.HGEf THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY,121'4199,BEGINNING AT2:00 P.M.IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY.12/21/99,BEGINNING AT 2:00 P.M.IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY.12/21/99.BEGINNING AT7:00 P.M.IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 hour notification.Please call 479-2332 voice or 479-2356 TOO for information. F IAGEHOANEW1'C 2 • LAw O"'''''CES DUNN,ABPLANALP &MAURIELLO,P.C. 108 SOUTH FIIIIONTAGL ROAD W£~T.SUIT&:300 VAIL,COLORADO 816"7 • Owners of Sun Vail Condominiums Sun Vail Condominium Association C/o Mr.Kit Williams Post office Box 3655 Vail CO 81658 Mikell Holdings Co.LTD C/o Karl H.Fauland Post Office Box 4261 Vail CO 81658 ,Rican Invesonent Co.Ltd C/o Karl H.Fauland Post Office Box 4261 Vail CO 81658 Owners of Potato Patch Condominiums Potato Patch Condominium Association c/o Mr.Larry Barnes,Vail Home Rentals 143 East Meadow Drive·Suite 397 Vail CO 81657 •• John A.Carnie and Joan T.Carnie 2920 Mann's Ranch Road Vail CO 81657 Michael Lauterbach Post Office Box 3451 Vail CO 81658 Charles Ragan and Barbara Ragan 744 SaJldy Lane Vail CO 81657 Mr.Josef Stauffer 100 East Meadow Drive Vail CO 81657 •• THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3 of the Town of Vail Code on Tuesday,November 16,1999 at 2:00 p.m.in the Town of Vail Municipal Building,located at 75 South Frontage Road.In consideration of: ITEMITOPIC: An appeal of the Design Review Board's approval of a proposed 5 dwelling unit development plan,located to the east of the Potato Patch Club and north of Sunvail on an unplatted parcel. Applicant:Michael Lauterbach The application and information about the proposal is available for public inspection.during regular business hours.in the Community Development Department,located at the Town of Vail Community Development Depanment.75 South Frontage Road. .. ---~- ..."11.-.• •• -- • ••Location Map 0;:;.:.~:.I.(.\ 111 "-L'"~j / _. ! ----J ..:.-~.:.W':j.:. .-I ~1-~?r:\~,.;~ '1 -e ....!,:.., ;;j ..,C._1- _.0 i!5 AIl....YI.J.AG _......... '~~FIL 9 :onoo STONE :i':',. _70 '".. --.j .... •I ""g I ...,"""".------ Subject Property s ,- UTILITY LOCATION YERlfICATION Thi~foml is to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installntions.The location and availability of utilities.whether they be main trunk lines or proposed lines.must be approved and verified by the following utilities for the accol1lp~nyiJlS sile plan. Authorized Sjgo3n,rc u.s.West Communic.'llion..c; 1.800·922·1987 468·6860 or 949·4530 Public Service Company 949·5781 Gary Hall Holy Cross Electric Assoc. 949·5892 Ted Husky/John Boyd T.e.1. 949·55)(l Floyd 5;11<17';1( Eagle River Wafer &Sanitation District· ~::~~~~:cc ~~k Id--lO-·Lj9 ..Please bling a site plan.floOl ph'ln.and elevations wncn Oblainin~:C;Waler &Sanitation si&~,anlrcs.Fire flow needs lllust he addressed. NOTES: I.If the 11tility verification form has signatures from each orlhe utility companies.and no comments arc made directly on Ihe fOflll,lhc Town will presume that there arc no problems and the development can proceed. 2.If a utility company has concerns with theproposed construction.the utility representative shall nole directly on the utility verification £onll thatlhcrc is a problem which needs to be resolved.. The issue should [nCn be dclailc<l in an iltt<lch::d kttcr to the Town orVail.Howc\;;:.l.:';"sc keep in mind thai it is the responsibility ofthc Ullhl)'company and tnc applicant [0 resolve :.:!::-.:iii";lJ I"v~:.._ 3.These verifications do not relieve the contractor oflhe responsibility to obtain a Public Way Pennit from the O~partmcnt of Public Works at the Town ofYail.Utility locations must be obtained before dig:g!ng in any public right-of-wa)'or casement within the T9.wn ofYail.A building permit is not a Public WitV pcrmit and [1\11st be obtained separatclv. " " ..••Location Map •• VAIL POTATO PATe •.....-;;-,.j-~--- /'•..•""-'--1 /<./1 -,..!"'<Y' o. rOPAlOlCR ( •I .:- »- , I I I _J-' • -..~.....I> ~"""- ~._. -- J ------~I~I ,.-I,~Itm C1tll$T0Nt'.Cit ~,,-,<I ••I......~~I •I---'~~-,--o.AJL\llW\G-=5....1 .FILING 9 OSTONE ~-.-7.•.y ::. •o•':"~.:.o.-',::1>.~.n ....--------- •• N Subject Property .......E s •• Design Review Action Form TOWN OF VAIL Project Name:Potato Patch Creek Project Number: Project Description:Development of 5 dwelling units in the Residential Cluster zone district Fonnerly known as the "Carnie Parcel." Owner,Address,and Phone:John and Joan Cnrnie 2920 Mann's Ranch Road,Vail CO 81657 476-5140 Architect/Contact,Address,and Phone:Michael Lauterbach PO Box 3451,Vail,CO 81658 476-6944 Project Street Address:East of Polato Patch Club -No address assigned Legal Description:Unplatted pareellocated directly east of the Potato Patch Club Parcel Number:Building Name: Comment'\:See conditions.Conceptual review conducted on October 6,1999. Motion by: Secooded by:Pierce Aasland Board/Staff Action Action:Approval Vote:4-6-1 (Greenauer abstaining) Conditions: Town Planner: I.Prior to the rcconling of lIny plat or l:onsl.nu:;tion on the Carnic property,the Ilwner/applieant shall secure legalllccess through the P()tato r-dh::h Club property via WI accc~s easement or similar instmmcnt. 2.Prior to lhe reconling of any pial or construction on the Carnie proper1y.the uwner/applicant shall obtain written approval front Ihe Potato P..llch Club Homeowiler's Association for completing driveway/access improvements (i.e .•paving and grading)on the Potato P:uch Club property. 3.Final civil engineering plans must be approved by lhe Town Engine....,.for the access mlld prior to application for 1I building permi!. 4.The approval is specific to the ClI11lie proper1y and Jucs not extend to prop....-rty outside the subjel:t parcel. Dominic Mauriello Date:10/20/99 DRB Fee Paid:$250 Project Name:Potato Patch Creek ••• DESIGN REVIEW BOARD AGENDA Wednesday.OCtober 20.1999 3:00 P.M. PUBLIC MEETING RESULTS • • PROJECT ORIENTATION I LUNCH -Community Development Department 12:00 pm MEMBERS PRESENT Clark Britlain Bill Pierce Hans Woldrich Melissa Greenauer Galen Aasland (PEC) SITE VISITS MEMBERS ABSENT 2:00 pm 1.Illingworth -5112 Grouse Lane 2.Vail Snowboard Suppiy -493 E.Lionshead Circle 3.Haagen Dazs -141 E.Meadow Drive 4.Lodge Tower-2oo Vail Road 5.The Daily Grind -288 Bridge Streel 6.Vail Plaza Hotel-100 E.Meadow Drive Driver:George PUBLIC HEARING -TOWN COUNCIL CHAMBERS 3:00 pm 1.Lodge Tower-Sign Application 200 Vail Road I Lot A,Biock 5C,Vail Village ,.Filing. Appiicant:Stanley P.Cope MOTION:Bill Pierce SECOND:Melissa Greenauer APPROVED WITH 1 CONDITION: VOTE:5-0 Ann 1.Approved design with the exception of the base,which should be a stronger stone,rather than concrete stucco. 2.The Daily Grind -New Awning and sign_ 2BB Bridge StreeUBlock SA,Vail Village 1"Fiiing. Appiicant:Kaye Ferry MOTION:Bill Pierce SECOND:Melissa Greenauer TABLED UNTIL NOVEMBER 3,1999 1 Dominic VOTE:4-0-1 (Galen abstained) •• 3.Los Amigos -Outdoor dining deck. 321 Hanson Ranch RoadiA ponion of Tract E,Vail Village 1". Applicant:Los AmigosNail Associates MOTION:Melissa Greenauer SECOND:Clark Brittain APPROVED WITH 4 CONDITIONS: 1.Treatments to match existing deck. 2.No blue deck materials will be visible to the outside. VOTE:5-0 Brent 3.A fascia band is required below the deck with intermediate posts/struts to match the existing deck. 4.The deck will be anchored with 3 heavy wooden posts (one in the middle,one on each exterior corner). 4.Lauterbach/Carnie -Final review of a proposed 5 dwelling unit development plan. Dominic Unplatted parcel,located to the east of the Potato Patch Club and nonh of Sun Vail. Applicant:Michael J.Lauterbach MOTION:Galen Aasland SECOND:Bill Pierce VOTE:4-0-1 (Galen abstained) APPROVED WITH 4 CONDITIONS: 1.Prior to the recording of any plat or construction on the Carnie property,the owner/applicant shall secure legal access through the Potato Patch Club property via an access easement or similar instrument. 2.Prior to the recording of any plat or construction on the Carnie property,the owner/applicant shall obtain written approval from the Potato Patch Club Homeowner's Association for completing driveway/access improvements (i.e.,paving and grading)on the Potato Patch Club property. 3.Final civil engineering plans must be approved by the Town Engineer for the access road prior to application for a building permit. 4.The approval is specific 10 the Carnie property and does not extend to property outside the subject parcel. 5.Haagen Dazs -Winter deck enclosure. 141 E.Meadow Drive/Lot P,Block 5D,Vail Village 1". Applicant:Ric Almas MOTION:Bill Pierce SECOND:Melissa Greenauer TABLED UNTIL NOVEMBER 3,1999 VOTE:5-0 Dominic 6.Ua Zniemer Subdivision -Conceptual review of a site and landscape plan. 1701 Buffer Creek Aoad/A partof Parcel A,Lion's Aidge Subdivision,Filing No.2. Applicant:Ed Zniemer MOTION:Bill Pierce SECOND:MeHssa Greenauer VOTE:5-0 TABLED UNTIL NOVEMBER 3,1999 2 Brent ••• 7. 8. 9. Newspaper Box (Ore House)-Final review of a newspaper distribution site. Public right-ot·way at the intersection of Bridge Street and Gore Creek Drive. Applicant:Vail Daily MOTION:Bill Pierce SECOND:Melissa Greenauer VOTE:5-0 TABLED UNTIL NOVEMBER 3,1999 Vail Plaza Hotel -Proposed redevelopment of the Vail Village Inn,Phase IV. 100 East Meadow DrivelLots M,N,&0,Block 5-0,Vail Village First Filing. Applicant:Daymer Corporation,represented by Jay Peterson CONCEPTUAL -NO VOTE Vail Snowboard Supply -Exterior painting. 493 E.Lionshead Circle/A portion of Block 1,Vail Lionshead 1111 Filing. Applicant:Speciality Spons MOTION:Bill Pierce SECOND:Hans Woldrich VOTE:5-0 DENtED George George Brent 10.lIIingwonh -Separation request. 5112 Grouse LanelLot 8,Vail Meadows 1'. Applicant:RKDlTom Weber MOTION:Melissa Greenauer SECOND:Bill Pierce APPROVED WITH 1 FINDING: VOTE:5-0 Allison 1.That the separation allows for the saving of large,mature trees &rock autcroppings. Siaff Approvals Vail Snowboard Supply Rentals -New awning sign. 495 E.Lionshead CirclelOld Gondola Building, Applicant:Specialty Spans McNamara -Window addition. 1746 W.Gore Creek B-3/Lot 1,Vail Village West Filing 1- Applicant:Chris McNamara McCormick reskience -Revised roof ridge. 3025 Booth Falls Road/Lot 14,Block 1,Vail Village 13~Filing. Applicant:Joe &Susan McCormick Miller residence -Dormer additions. 1415 Westhaven Drive/Lot 52,Glen Lyon Subdivision. Applicant:Gary Miller Ottley residence -Wrought iron fence with stone pillar. 2902 Bellflower DrivelLot 1,Block 8.Vaillntennountain. Applicant:Dudley Ottley CoiihanNail PBK triplex-Trash enclosure. 1705 Geneva Drivellot 2B,Matterhorn Village. Applicant:James P.Colihan 3 Brent Ann Brent Brent Brent Ann • Caldwell residence -Re-roof. S074A Main Gore Drive/Lot 5,Vail Meadows Filing #1. Applicant:Paul Caldwell Hicks residence -Removal of trees,boulder walVsod. 5027 Ute Lane/Lot 31,Vail Meadows. Applicant:Bob and Sue Hicks Zellman residence -Boiler and stairway modification. 1779 Sierra Trail/Lot 18,Vail Village West Filing #1. Applicant:Robert Zeltman Cogswell residence -Remodel basement. 1090 Vail View Drive,Unit #G/Lot Bl,Lionsridge Filing #1, Applicant:John G.Cogswell • Ann Allison Ann Ann • Levine residence -Remodel and dormer addition. 385 E.Gore Creek Drive,#9 (Villa Valhalla)/Lot K,Vail Village 5'"Filing. Applicant:Peter and Janet Levine ArosaiGarrnisch Park -Change in truss system, Intersection at ArosaiGarmisch/Lots 1,2 &3,Block H,Vail das Schone/2497,2485,2487 Garmisch and the unplatted portion of the SE ',4,SE \4,SE 1;4,SW ".4 of Section 11, Township 5,Range 81 West. Applicant:Town of Vail Valentine residence -Door addition. 1255 Westhaven Drive/Lot 45,Glen Lyon Subdivision Applicant:Rossyln Valentine Myhren residence -Interior conversion. 758 Potato Patch/Lot 5,Block 2,Vail Potato Patch. Applicant:Trygue Myhren Ann Allison Ann Ann BrentHansen/Schumacher residence -Additionlinterior conversion (revised). 775 Potato Patch/Lot 19,Block 1,Vail Potato Patch. Applicant:Kirk Hansen 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.Please call 479~2138 for information. Sign language interpretation available upon request with 24 hour notification.Please call 479~ 2356,Telephone for the Hearing Impaired,for information. 4 ,•• DESIGN REVIEW BOARD AGENDA Wednesday,October 6.1999 3:00 P.M. PUBUC MEETING SCHEDULE PROJECT ORIENTATION I WNCH·Community Development Department 11:00 am MEMBERS PRESENT srrEVISITS MEMBERS ABSENT 12:45 pm 1.Vail Mountain Schooi -3160 North Frontage Road 3.Ainn -265 Forest Road 4.Fischer -2695 Davos Trail 5.Zneimer -1701 Buffehr Creek Road 6.Dauphinais -1850 Lionsridge Loop 7.Lauterbach-east of Potato Patch Club 8.Gotlhelf's -196 Gore Creek Drive 9.Vail Plaza Hotel-l 00 East Meadow Drive Driver:George PUBUC HEARING·TOWN COUNCIL CHAMBERS 3:00 pm 1. 2. 3. 4. Wayfinding -Conceptual review of Wayfinding I signage. Applicant:Town of Vail,represented by Dominic MOTION:SECOND:VOTE: Los Amigos -Outdoor dining deck. 321 Hanson Ranch RoadiA portion of Tract E,Vail Village 1", Applicant:Los AmigosNail Associates MOTION:SECOND:VOTE: Gotlhelf's (Lodge at Vail)-Exterior remodel. 196 Gore Creek Drive.Lodge Apt.Condos,Unit #164Nail Village 1·Filing, Applicant:Phillippe Courtois MOTION:SECOND:VOTE: Dauphinais -Final review of a new single-family residence. 1850 LJonsrfdge Loopl Lot 15,Dauphinais-Moseley Subdivision. Applicant:Dauphinais -Moseley Construction MOTiON:SECOND:VOTE: 1 Dominic Brent Ann Ann ••• 5. 6. 7. Vail Mountain SChool-Request to amend a previous concfltion ot approval 3160 North Frontage RoadlPart of Lot 12,Block 2,Vail Valley 12'"Filing Applicant:Pam Hopkins,representing the Vail Mountain SChool MOTION:SECOND:VOTE: Newspaper Box (Ore House)-Final review of a newspaper distribution site. Public right-ot-way at the intersection of Bridge Street and Gore Creek Drive. Applicant:Vail Dally MOTION:SECOND:VOTE: Fischer residence -Final review of a proposed garage addition &exterior remodel. 2695 Davos Trail/Lots 16 &17,Block B,Vall Ridge. Applicant:Randall Fischer MOTION:SECOND:VOTE: George George Allison e.Ainn residence -Final review of a proposed Primary/Secondary residence&Type II EHU.Allison 265 Forest RoadILot 21,Block 7,Vall Village 1". Applicant:Lawrence Ainn,represented by sam Mitchell &Steve Riden MOTION:SECOND:VOTE: 9.Lia 2niemer Subdivision -Conceptual review of a site and landscape plan.Brent 1701 Buffer Creek Road/A part ot Parcel A,Lion's Ridge Subdivision,Filing NO.2. Applicant:Ed zniemer MOTION:SECOND VOTE: 10.Lauterbach/Carnie -Conceptual review of a proposed 5 dwelling unit development plan.Dominic Unpiatted parcel,located to the east of the Potato Patch Club and north ot Sun Vail. Applicant:Michael J.Lauterbach MOTION:SECOND:VOTE: 11.Adam residence -Rnal review of revised final plan.Brent 765 West Forest Road/Lot e,Block 2,Vail Village 6~. Applicant:Nancy Adam,represented by Fritzlen,Pierce,Smitl1 MOTION:SECOND VOTE: 12.Vail Snowboard Supply-Exterior painting.Brent 493 E.L10nshead Circle/A portion of Block 1,Vail L10nshead 1"Filing. Applicant:Speciality Sports MOTION:SECOND:VOTE: 2 •• 13.Vail Plaza Hotel-Proposed redevelopment of the Vall Village Inn,Phase IV. 100 East Meadow Drive/Lots M.N.&0,Block 5-D,Vail Village First filing. Applicant:Daymer Corpora~on,rep<esented by Jay Peterson MOTION:SECOND:VOTE: 14.The Daily Grind-New Awning and sign. 288 Bridge StreeVBlock SA,Vail Village 1-Filing. Applicant:Kaye Ferry TABLED Staff AQprQvals Cunningham residence -Extension of ORB approval. 1319 Greenhill CourVLot 24B,Glen Lyon Subdivision. Applicant:Barry Cunningham Northwoods Condominiums -Main entry sign and retaining wall (BUilding F). 600 Vail Valley DriveIPart of Tract B,Vail Village 7'"Filing. Applicant:Northwoods Condominium Association MoorelSokolasinskl-Repaint. 4214 Columbine Way #6ILots 5&6,Bigham SubdiVision. Applicant:Linda Moore &Joe and Loraine Sokolasinski Boniface -Deck enclosure and exterior lighting plan. 2038 SunbursVLot 17,Vail Valley 3"'. Applicant:B.R.and Roxanne Boniface Rodeen -Deck addition. 2821 Kinnickinnlckllot 4C.Block 4,Vail Intermountain. Applicant:Jeffrey T.and Shari A.Rodeen City Market-New sign location. 2109 N.Frontage Rd.WesVCity Market. Applicant:City Market,Inc. CANWEST -Window addition. 9 Vall RoadILot 7,Tract I-J,Vail Lionshead Fiiing 1. Applicant:Glen Wood Christensen -Donner and window addition. 3966 Lupine Drive/Lot I,Biock 2,Bighorn 1-. Applicant:Cecil Christensen Myhren -Deck additionlfront entry door alleration. 758 Potato Patch Drive/Lot 5,Block 1,Vail Potato Patch. Applicant:Trygue Myhren 3 George Dominic Allison Allison Deminic Allison Ann Allison Ann Ann Ann •• Lionshead Parking Structure -Drive aisle re-alignment. 395 South Frontage Road/A portion of Block 1,Vail L10nshead Filing 1. Applicant:Town of Vail Pasta Pronto -New sign. 2171 N.Frontage Rd.iLot 2.Vail das Schone Filing 3. Applicant:Jane Bedford Womack -Replace windows. 433 Gore Creek Drive (Vail Trails East #8)/Block 4,Vail Village 1". Applicant:Larry Womack Sunbird Building -Repaint. 675 L10nshead PlaceiLot 2.Block 1.Vail Lionshead 3"Filing. Applicant:Vail Associates Erard residence -Installation of NC unit 1050 Homestake Circle/Lot 5,Block 1,Vall Vailey Filing 8. Applicant:Mr.Erard Passages -New window and sign. 531 E.Lionshead ClrclelLot 3.Lionshead 1"Filing. Applicant:Peter Apostle MaWson -Deck enclosure. 5047A Ute Lane/Lot 33.Vail Meadows Filing 1. Applicant:Helene and William Mattison Warth residence -Interior conversion. 4342 Spruce Way #B/Gore Creek North Condominiums.Lot 8.Bighorn 3"Addition. Applicant:Michael &Stephanie Warth Waterhouse -Garage window. 285 Forest Road/Lot 20,Block 7.Vall Village 1. Applicant:Steve and Linda Waterhouse Spruce Creek Townhomes -Dumpster enclosure. 1750 South Frontage Road WesWail Village West Filing 2. Applicant:Tom Saalfeld Ptarmigan Townhomes -Trash enclosure. 1975 West Gore Creek Drive/Lots 29-40.Vail Village West Filing 2. Applicant:Ptarmigan Townhome Association Knobel-New landscape plan. 392 Mill Creek CirclelLot 8,Vail Village ,"Filing. Applicant:Peter Knobel Furclub of Vail-New awning sign. 174 Gore Creek Drive/Lodge at Vail. Applicant:Ronnie Lipton 4 Brent Ann Ann Dominic Ann Allison Ann Brent Ann Brent Brent Allison Brent • Kosloff residence -Boiler addition. 416 Forest Road/Lot 3,Block 1,Vail Village 3~. Applicant:Alan Kosloff Dietrich -Tree removal. 4316 Streamside Circle WestiLot 2,Bighorn 4-addition. Applicant:Fritz Dietrich Larkspur Restaurant and Bar LLC -Wall si~ns. 458 Vail Valley DrivefTract F,Vail Village 5 Filing. Applicant:SalamunovlchNaii Resorts • Allison Ann Brent Ann AllisonCascadeHotel-Mechanical enclosure. 1300 Westhaven Drive/Lot 39.5,Glen Lyon. Applicant:L-G Vail Hotel Inc. Larkspur -Lighting and walkway modifications. 458 Vail Valley DrivefTract F,Vail Village 5-Filing. Applicant:Thomas SalamunovlchNaii Resorts The applications and Information about the proposals are available for public Inspection during regular office hours in the project planner's office,located at tile Town of Vail Community Development Department,75 South Frontage Road.Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification.Please cail 479- 2356,Telephone for the Hearing Impaired,for information. 5 TOWNOF~IL •• FILE Copy Department of Commut/iry Development 75 South Frontage Road Vail,Colorado 8/657 970-479-2/38 FAX 970-479-2452 September 24,1999 Michael J.Lauterba.ch PO Box 3451 Vail,CO 81658 RE:Subdivision application and development plan for the I'Camic Parce'"located to the west of the Potato Pateh Club Dear Michael: The Commllllity Development Department has completed a review of yOW"revised proposal received on September 10,1999.There are several items which are still outstanding on tbe project.Please address the following: I.This development must provide adequate area for a tire truck turnarouud.This turnaround must be independent of any required parking spaces on the site.The tul11arOlmd must be available for use by emergency vehicles at all times..Please revise the plan to show this independent tum <lround area. 2.Please provide a phasing plan for the proposed development indicating what improvements will be constructed in which phases,including landscaping,access,etc.A fire turnaround will be required for all phases and a bond may be required to insure completion of tbe roadway improvemenrs in future phases. 3.Please place a note on the development plan thar each dwelling unit will be required to be reviewed by the ORB to include all clements such as final grading and landscaping. 4.It is suggested that you designate now the amount ofGRFA proposed for each dwelling unit.This will make it easy to dctcrmine to allowance for each structure as each is processed through the ORB.This is not required,just suggested. Page I of2oRECYCL£I)I'AFJ;H •• 5.The back-out in driveways #1 and #5 arc very tight.You need to modify the radii to improve this turning movement. 6.There is grading in excess of2:1 near building #3 at manhole.Please revise the grading and place a notc on the plan that all grading will be at a ratio of2:I or bener. 7.Please have your engineer meet with Greg Hall to discuss some minor changes to the road improvements within the Potato Patch Club. The following is a table of the allowed and proposed development standards for this site.The proposed plan complies with these development standards. Lot area:59,500 sq.ft.(1.366 aCfes) Buildable area:55,870 sq.ft.(1.28 aCfcs) Standard Allowed/Required Proposed Density 7.5 du (6 dulacfc)5 du GRFA 15,092.5 sq.ft.not yet dcrcnnined Site coverage 14,875 sq.ft.(25%)max ]1,145 sq.ft.(18.7%) Landscape area 35,700 sq.fL (60%)min 36,955 sq.ft.(62%) Please resubmit 3 sets of plans with all of these revisions.If you have questions of a technicaVenginccring nature please contact Greg Hall,Public Works Director at 479-2160. If you have any questions,please call me at 479-2148. Si~(rtn flDJ~& Chief of Planning C:Greg Hall.Public Works Director Pagc2of2 I 75 South Frontage Road Vail,Colorado 81657 970-479-2100 FAX 970-479-2157 August 5,1999 Michael J.Lauterbach PO Box 3451 Vail,CO 81658 •CUPY RE:Subdivision application and development plan for the "C31nie Parcel"located to the west of the Potato Patch Cluh Dear Michael: The Community Development Department has completed a review ofyauc proposed project dated 7121/99.Given the changes proposed to the planing method,it has been dctcnnined that the pial is simply a development similar to a condo map of a project and can be approved by staff. The development plan will be required to be approved by the Design Review Board before approval ortbe plat.Following approval oftbe development plan,and recording or the necessary easements through the Potalo Patch Club development.staff will be able to record the proposed plat.Listed below are issues with respecl to the plat as weH as the development plan that need to he addressed. 1.A fee of$100.00 is required forrhis revised application and S200.00 forthe ORB application.Please provide this fee and a completed DRB application. 2.The plat title needs to be listed as a final plat,instead of preliminary. 3.Please indicate the acreage in the dedication eCl1ificate and remove the Town Council aod PEe cenifieates from the plat.Additionally.review the dedication language and remove any language dedicating "roads"to the public. 4.Please add a note to the plat stating that the 3 tracts created by this plat shall be considered one parcel for zoning pllIlJoses. 5.Please provide a purpose statement on the pial. Page I of3oRECYCu:DJ>Al'£R ...•\ 6.This development must provide adequate area for a fire truck turnaround.Please revise the plan to show this turn around area. 7.Please indicate locations of proposed fire hydrants for the development. 8.Please provide a phasing plan for lhe proposed development indicating what improvements will be constructed in which phases,including landscaping,access,etc.A fire tumaround will be required for all phases and a bond may be required to insure completion of the roadway improvements in future phases. 9.Please provide a landscape plan farthe entire development. 10.Please place a note on the development plan that each dwelling unit will be required to be reviewed by the DRB to include all elements such as final grading and landscaping. 11.The proposed landscape area for the site does Dot meet the minimum required by the code. The code requires a minimum of60%of the site without structures or paving.Your plan provides 35,353 sq.ft.of landscape area and the code rC411ires 35,700 sq.ft. 12.Please indicate all trccs to remainon-site and tbose to be removed. 13.Please note that the code requires at least one enclosed parking space for each dwelling. Additionally,it appears that 3 parking spaces will be required for each unit.You may want to indicate on the development piau that each unit will contain a 2 car garage io order to accommodate the required parking. 14.An engineers stamp is required with this submittal for all retaining walls in excess of 4'in height.Additionally,please indicate the proposed retaining wall materials.For concrete walls,I recommend that these walls have a rock veneer 00 all exposed surfaces. 15.All Slructures on-site must maintain at least a 15'setback from the property lines. Additionally,there needs to be at least a 5'setback from any structure or obstruction to the edge of tbe main driveway.Please show dimensions OD tbe plan of aU structures to the edge of the main driveway and [Q property lines. 16.Required parking spaces necd [Q be indicated on tbe developmcnt plan.All parking spaccs must be setback at IcastS'b'om the edge of the proposed main dliveway (sec Building 2). Plcase dimension all parking spaces on the plan and the distance to rhe edgc of the main dliveway. 17.When the main driveway has passed beyond 2 dwelling units and is then only acccssing 3 or less dwelling units,the driveway can be reduced to 12'in width (or 15'on a CUNC). This may help you achieve the minimum landscape area requlrement. 18.You may also want to consider moving the access to unit 3 and take access directly from Page 2 on I I •• the main drive and therefore reduce the impacts ofLhe proposed driveway on the neighboring property and the existing trees.This may also help you achieve the minimum landscape are requirement. 19.Please provide a complete set of drainage calculations for the development,prepared by a P.E. 20.All access requires a 20'centerline radius from the back or front of a car (6'x 19')for maneuvering.The access/parking for Buildings #3 and 5 does not work and needs to be redesigned. 21.AU boulder retaining walls need to be laid back at I:I unless stamped by a P.E.for a steeper slope. 22.The centerline of the of the access road at the 24'wide section should be in tbe middle of the asphalt.Please modify the plan accordingly. 23.No grading on tbe site shall exceed a ratio of2:I.It appears that a[the tenninus of retaining walls and near the property lines,this is exceeded. 24.The dJiveways to Buildings I and 2 need to properly drain.Please provide for drainage on these driveways. 25.It appears tbat it might be better to provide a low point in the access drivc where it curves at "2+00"rather than taking drainage back to Potato Patch Drive. 26.Please modify tbe access through thePotato Patch Club so that 24'wideasphalt is provided on curves and 22'is provided on slraighl sections.Additionally,the parking areas along this access should be at least 19'deep. The set of plans submitted for review dated 8/3/99 have not been reviewed.Please resubmit 3 sets of plans with all of tbese revisions.If you have questions of a technical/engineering nature please contact Greg Hall,Public Works Director at 479-2160. rf you have any questions,please call me at 479-214S. tQJt~ Dominic ro.Mauriello,Alep Chief of Planning c:Greg Hall,Public Works Director Page30f3 75 South Frontage Road Vail,Colorado 81657 970-479-2100 FAX.970-479-2157 July 15,1999 Michael J.Lauterbach PO Box 3451 Vail,CO 81658 ••FILE COPY RE:Mnor Subdivision application for !.he "Carnie Parcel"located to the west of the Potato Patch Club Dear Michael: The Community Development Depanment bas received an incomplete application from you for a minor ~ubdivision which was delivered after the noon deadline on July 12,1999.Since this application is incomplete,the item has not been scheduled for a hearing with the Planning and Environmental Commission.The item will be scheduled for the appropriate hearing once we have received all of the required matcrials.I have made a preliminary review of the items which were submitted to aid you in the development of your plans for this area.Please provide the following items to complcte your application: 1.A fee of $250.00 is required for this application.Please provide this fcc. 2.Please provide stamped and addressed envelopes for all adjacent property owners. 3.Please provide a current title report with schedules A and B. 4.Before this plat ean be processed you must have recorded and legal access through the Potalo Patch Club.You must provide definitive prooflhat such an casement has been recorded in favor of Lhis property. 5.Please provide copies of the proposed piaL drawn in accordance wilh the Subdivision Regulations of [he TO\llD of Vail.Please include all proposed easements. 6.The topographic surveys that were submitted have Dot been stamped by a surveyor. Please provide swveys with the appropriate stamps.Please also insure that aU easements Page I of2 O~'APU • affecting the property are indicated. • 7. plans. Please provide a proposed grading plan and show proposed lot lines and on tbe grading Proposed grading should also be shown for lhe area where access is being taken. 8.Provide a legal description of the lot.This is needed in order to appropriately advertise the proposal and must be included on the plat. 9.The plans need to show the existing grading and street layout on the adjacent property. Your topographic swvey must include grades where tbe access is being made.Please also provide spot elevations along tbe existing pavemem. 10.Please show the proposed slope of the access road and driveways.The major access drive must be 20'in width and 24'in width at corners.Plca'ic also show turning radii for aU parking areas. These are our preliminary comments.No comments from the Public Works Departtnent have been provided at this time. If you have any questions.please call me at 479-2148. ~~~ Dominic F.Mauriello,AICP Chief of Planning Page 2of2 •• JOHN W.DUNN ART""UR A.ABI'LAN"'l~JR. DIANE HrRMAN MAUF!IE:110 CARRIE HENDON O'NEIL Of CQUNS[~' JERRT W.MANNAH LAW 0"'1"1<::£8 DUNN,ABPLANALP &MAURIELLO,P.C. W£5TSTAR BANK BUILDING IDe SOUTH FRONTAGE ROAD WEST VAIL,COLORADO 81ft!'!? 20 October 1999 TEL£PMONE: (970)476-0300 FACSIMILE: (970)476-4765 <rrooi~~"illawliV<lil.n9l C[~l'''[O LlOA!...o.55'51""li KAREN M.DUNN,CLAS JANICE:K.SCOFIELD.CLA Design Review Board Town of Vail Vail,Colorado Re:Town of Vail Design Review Hearing -Carnie/Lauterbach Proposal Members of the Board: This Finn represents Dome Investment Group (the owners of Condominiurn Unit 11,Potato Patch Club)and George and Elizabeth Ireland (the owners of Unit 15). The purpose of this letter is to provide the Town with our clients'comments related to the deficiencies in the plan submitted to the Town,including but not limited to the lack of consent from the owners of the common elements of the Potato Patch Club whose modification the plan requires and assumes. Our clients'objections to the plan include the following: 1.The entire proposal assumes that access to the project across the common elements of the Potato Patch Club has been agreed upon by the owners of the common property across which it must pass.That is not the case.The developer has submitted to the Town a resolution adopted by the Board of Directors of the Potato Patch Club with the representation that it is evidence of a letter of intent to grant an easement,and apparently,of the purported agreement of the Potato Patch Club to the proposal.The resolution is evidence of neither a letter of intent nor the agreement of Potato Patch Club or its owners to the project.It is simply a commitment to negotiate.and the package presented to the Town,including but not limited to the indication that there exists a 40-foot wide easement (which is false)has little relationship to the proposal which was originally taken to the PPC and which generated this resolution.There is no agreement.fonnal or informal,between Mr.Lauterbach or Mr.Carnie and the Potato Patch Club Board of Directors regarding a 40-foot wide easement through the Potato Patch Club.Even the discussions with the Potato Patch Club have been limited to only a 25-foot wide easement,and they have not touched upon any other impacts on or modifications of the Potato Patch Club or its common areas. •• 2.The impact on the Potato Patch Club and its owners has not been approved by the Potato Patch Club or its owners.In fact,half the presentation involves changes to the Potato Patch Club,including changes to the location of parking areas,coverage of open space by asphalt.relocation of the central postal box location,and elimination of existing parking spaces,and dramatic changes in landscaping.None of these changes have been discussed with the Potato Patch Club or the Potato Patch owners,and the Town has received no suggestion that the Potato Patch Club or its owners have joined in either the application or in the conceptual or final stages of this review process,as required by the Vail Municipal Code at 12-11-4.8.1.and C.l. 3.The zoning may permit the creation of as many as six units on the Carnie parcel,but the current configuration fails to provide adequate ingress and egress.That omission will create impact on Potato Patch Club both because (a)it's property is the access people will use on a practical basis and (b)its parking area will be the parking area people will use as a necessity. 4.The emergency access may satisfy technical requirements,assuming that at the time of any emergency,no one is parked out of the designated area of the Unit 4 driveway.That cannot be assumed or even assured. Therefore,no turnaround is provided for emergency vehicles.Even if it were assumed,only one fire vehicle could possibly get into this project and be assured of the ability to escape.In the absence of adequate fire protection,any fire will travel uphill,toward,across and through the Potato Patch Club.Such problems do not warrant even design approval. S.Even when viewed on the basis of anticipated conventional use,the road system does not provide even a bare minimum of access.There is no allowance for visitors,deliveries or other traffic beyond the basic traffic generated by the occupants themselves. 6.The access proposed across the front of the hill will create several walls above the face of the hill.If the property were developed less intensely, it is possible that this road could be constructed in a way in which it has less impact.The proposal should not be approved unless there is confirmation that the road cannot be constructed in any other way. 7.There has been no analysis regarding the effect of the proposed changes on the Potato Patch Club with reference to whether that project conforms or whether the changes will make it either nonconfonning or more non- confonning. •• For example,the specific impacts upon the owners within the Potato Patch Club which have not received analysis include the following: a.Widening and extending the existing driveway through the Potato Patch Club.and the proposed paving activities,will affect the existing open space within the Potato Patch Club,thereby affecting the percentage of open space within the Potato Patch Club and the ability of the Club and its owners to develop additional area which is now undeveloped.Will the widening of the access road and paving make the Potato Patch Club or its residences non- confonning or aggravate nonconformity with reference to open space requirements and/or parking? b.Widening the road may make existing units non-conforming with reference to setbacks and parking requirements which now may be satisfied or somewhat satisfied by spaces berween the garages and the street,or adjacent to the existing street.Will the \videning of the road affect compliance of the residences or other improvements within the Potato Patch Club with applicable design and zoning requirements? c.Taking out vegetation and trees in the area of the new roadway which has been proposed by the developer and installation of considerable new landscaping within the area of the Potato Patch Club affected by that plan represent dramatic changes in that area of the project. Based upon the information availableJ it seems that no analysis has been done regarding the impacts of these activities on the Potato Patch Club. 8.The proposal assumes significant changes to the property owned by Potato Patch Club owners and construction of a modified access road across property owned,in undivided interests,by the Potato Patch Club owners. The common property of the Potato Patch Club owners is truly part of this project,which is illustrated by the fact that more than half of the area covered by the plan illustrates the effect on the existing Potato Patch Club.What is missing is the consent of the owners of the Potato Patch Club and the common property across which the road is to be newly constructed.widened and realigned,all of which will affect every property owner in Potato Patch Club berween the entrY and the site of the proposed new development. •• The Municipal Code pennits the owner or authorized agent of any project requiring design approval as prescribed by the Design Review provisions of the Municipal Code to submit plans for conceptual review and requires the owner or authorized agent of any project requiring design approval to submit material for final design approval.It doesn't matter whether consideration is conceptual or fmal approval.the Town requires the signatures of the owners of property which is the subject of a project.The consent of the owners of half the land affected by this project has not been required or submitted in this case,and the effect of the proposed project upon the parking,site coverage and landscapingwithin the Potato Patch Club illustrates the reason for this requirement. The changes proposed for the Potato Patch Club are dramatic and affect the Club as a whole.Those changes aTe an inherent part of this project.For that reason alone,the fact that the application and plan lacks the approval of the Potato Patch Club owners,this project should be denied until such time as a package can be presented which has the consent of all affected owners,including not only the owners of the Carnie property but also the owners of the Potato Patch Club across whose land the proposed access road passes.The additional facts that the impacts of the proposed changes to the Potato Patch Club have not received any analysis,and that the proposed change operates to defeat public safely further aggravate the fundamental problem.The project should not receive design review approval without resolution of these issues. Very'Jl'lly-Y'''ll"'S, -'_.JtJI<I:1~C. Arthur A.Abplanalp,Jr. xc:Dome Invesnnent Group Mr.and Mrs.George Ireland •• JOHN W.DUNN ..."n.u"A.A8PLANAlP,.JR. OIAN[HERMAN Iol"UR'EU.O CA""'I:NENOON O'NEIL 0'eo"..su .ltRMT w."'ANNA'" LAw OF'F'ICES DUNN,ABPLANALP &MAURIELLO,P.C. WE$TST..."BANI(BUILDING .oe SoUTH rRONT"'GE ROAD WEST SUITE 300 V.,L.COLORADO .'857 17 August 1999 TELEPHONE: {97QI476·0300 FACS'III,LE:: (970)476-4765 &-mail:YIIi1~;l.nol UllnrlUI .'GAl Al$ISTUf$ KAREN M.DUNN.CLAS ......NICE K.SCOFIELD.C~ !dr.Russell Forrest VMr.Dominic Mauriello Department of Community Development Town of Vail III South Frontage Road West Vail CO 81657 Re:Carnie/Lauterbach Project -Potato Patch Creek Dear Russ and Dominic: As you are aware,our Firm has been engaged to assist Dome Investment Group and Mr.and Mrs.George Ireland,the owners of Units II and 16,Potato Patch Club, respectively,in association with consideration by the Town of Vail of the possible development of the land adjacent to and east of their properties.That land is an unplatted parcel owned by Mr.and Mrs.John Carnie.The potential developer is Michael Lauterbach.The proposed name for the project is "Potato Patch Creek." This letter is intended to follow up on our review of the material submitted to the Town by Mr.Lauterbach and on my conference with Russ on the 12th of August. We have identified a number of ambiguities or errors in the material submitted to the Town,and it seems important that those be clarified or corrected.The problem areas are the following: 1.The Town had been provided with a resolution adopted by the Board of Directors of the Potato Patch Club ("PPC"),apparently intended to satisfy the Town's requirement for a letter of intent under which an access easement for the Project (which is otherwise without dedicated access) could be obtained.With reference to that resolution: a.The question of the grant of the access by the PPC is,as the resolution recognizes at the top of page 2,subject to the provisions of Section 18.3 of the declaration governing Potato Patch Club.It is the Board's position that the declaration requires the consent of two-thirds (29)of the owners in PPC and two thirds •• of the secured firsl lienholders (an undetermined number)in order that the Board may be authorized to grant the easement. Some members afthe Association disagree with that position,and instead are convinced that the easement may be granted only through an amendment to the declaration and by conveyance of the easement by all owners,each of whom has an undivided interest in that property.In any event,at the time of the last report to the PPC Board of Directors,only 22 of the 29 owner consents referred to above have been obtained,and no lender has consented to the proposal.Therefore,the resolution cannot operate as a letter of intent or any assurance that an easement will be granted. b.The resolution was not intended and did not serve as a letter of intent.Rather,in the first full paragraph on page 3,the resolution authorized the Board of Directors to issue a letter of intent upon the satisfaction of the conditions set fonh in the resolution itself (generally on page 2)and such other conditions as may be imposed by the Board of Directors.A letter of intent has not been issued.because the conditions have not been satisfied.because the Board has not determined what other conditions will be imposed, and because the requisite number of owners and lenders have not indicated their approval of the proposed grant of access. c.To the extent that there has been any discussion whatsoever between the owners or the developer and the Board of Directors of PPC,that has only dealt with the possible grant of a 25-foot wide easement.The Town has indicated that either a 50·foot wide or a 40-foot wide easement will be required,that the access road is to be centered in the easement,and that parking adjacent to the easement be modified to provide 19-foot deep parking spaces. The Board has neither dealt with nor discussed any of these possible impacts or obligations.Each of these requirements appropriately recognizes that what is now a private driveway would effectively be converted into a public road.Collectively,if not individually,these requirements would require the destruction of the southern edge of the tennis court compound in order to provide the space required for the modifications.None of these impacts have been considered by the PPC Board of Directors,and the resolution cannot be considered evidence of intent as to any of these issues. 2 •• d.Section 2.e.of the resolution provided to the Town of Vail provides that any possible grant of an easement by the Association is conditioned upon the approval by the Association of the turning radius proposed.The turning radius which is described on the plats threatens the tennis courts as well as existing parking,and it is unlikely that it would be approved by the Association. Certainly such approval cannot be presumed. 2.The plats: a.The maps provided to the Town suggest that there is an "existing right of way"which calculates to be 40-feet wide.There is no such "existing right-ot-way."In fact,there is no right-ot-way at all.As the portion of the PPC condominium map which accompanies this letter indicates,the land which is to be affected by this easement is simply general common element owned,in undivided interests, by each condomini urn owner.The PPC Association owns no part of the land which is proposed to be affected by the easement.In the opinion of a number of owners.the Association can grant no right to land which it does not own.In any event.the maps supplied to the Town are in error in identifying an "existing right of way"which does not exist. b.The maps provided to the Town suggest that relatively few trees exist between PPC Units 11 and 12,and none at all exist northeast of the centerline of the proposed new road.In fact,this area has at least six mature pine trees,all of which have been protected by the PPC owners and would be eliminated or,through the land disturbance,killed,if a road were permitted through the PPC property at this point.We will have photographs of these trees available to you shortly after this letter is transmitted to you if they do not accompany it. c.Sheet C-1 of the plats submitted on the 4th of August attempt to identify a solution to what is,in fact.an insoluble problem.The property in question is not subject to fire service.Although an attempt has been made to design a fire truck turning area at the tenninus of the access road,the proposed solution is unworkable. The proposed design assumes that a fire trUck will be able to turn at a location where cars will almost certainly be parked in front of the garage of Unit No.4,makes no provision for the passage of 3 •• other emergency vehicles,and allows no room for error in a crisis situation.Under such circumstances,a fire emergency would threaten not only the residences on the CarnielLauterbach project, but our clients'residences,as well.This challenge does not appear to be one which is subject to resolution. 3.The ownershipissue: a.The Town has appropriately identified many of the issues and requirements related to the Project.However,among those are several items (including those referred to above)which relate not to the Carnie property,but to the PPC property.Accordingly,it should be recognized that the PPC property is part and parcel of the proposal,and the proposal,as a whole,should not move forward without the approval of the owners of the real estate affected,i.e.,the owners of the general common elements of the PPC. b.In requiring the consent of the owners of the PPC,it should be borne in mind that the owner of the general common elements is not the PPC Association,but the owner of each condominium unit. There are a number of other concerns related to the CarnielLauterbach project, but those identified above should be fundamental issues for the Town at this early stage of the proceedings.I'll try to be available to discuss with you any issues of the CarnielLauterbach proposal which you feel warrant further discussion,including but not limited to those noted above. Thank you for your continued assistance in this matter. Very truly yours, xc:Dome Investment Group/Mr.and Mrs.George Ireland 4 •• Trees circled in red are identified on the maps Trees circled in red are identified on the maps •• Trees circled in red are identified on the maps "'g......"'"'0 '"..".... c.<: •·rl +J 'Oc ..0,.., u'O.... -.-I ·rl U ... ·rl «l", ..C.... "'0 "'rl DUNN,ABPLANALP &MAURIELLO,P.C . •- • .JOHN W.DUNN ....~Ti"lUR A.ABPLANALP,JR. DIANE HERMAN MA,URltLI..O CAAl'llt HENDON O'NEIl. Of COYHHl: JERRY W.HANNAH •LAW Of"r'ICES WESTSTAR BANK BUILQING 108 SOUTH FRONTAGE ROAD Wf.ST SUITE 300 VAIL.COLORADO 8161>7 6 August 1999 •Date Recelv3 AUG 0 H 1999 TE\.EPI-iONE: (970)476-0300 "....CS.MIl.E: (970)476-4765 e-mllil:W1;I~VII;I,1'Illl CUT<r,(O UaAl .-sS'S,ANIS KARtN M.DUNN,C\.A5 JANICE K.SCOFIELD,CI.A Mr.Russell Forest Director Town of Vail Department of Community Development 111 South Frontage Road West Vail CO 81657 Re:Vail Potato Patch/Carnie Tract Dear Russ: Our Firm represents Dome Investment Group ("Dome"),the owner of Potato Patch Condominium Unit No.11,and Mr.and Mrs.George Ireland ("Irelands"),the owners of Potato Patch condominium Unit No.16.As owners of Potato Patch condominiums,our clients are also owners of undivided interests in the general common elements of the Potato Patch Club and the driveways and open space within that project.Our clients have asked that we contact the Town of Vail on their behalf in association with possible proceedings which might be initiated by Mr.and Mrs. John Carnie and/or Mr.Michael Lauterbach,or one or more other individuals or entities on their behalf,in an effort to devclop the property to the east of the Potato Patch Club and owned by Mr.and Mrs.Carnie (the "Carnie Tract").Any such request by Carnie or Lauterbach would presume access across the general common elements associated with the Club and owned in common by the condominium owners.This access has not been granted.We understand that the Association has given or will be giving its own permission for access,upon the satisfaction of a nwnber of conditions. The Association does not own the land over which the proposed access road passes and does not have the authority of the actual owners to grant any such right. In the event of an application for the subdivision and/or development of the Carnie Tract,it seems apparent that any such proposed tract will require not only subdivision and design review approval,but also variances related to construction of an access road and fire/safety issues,particularly related to curve radii and emergency access.Although,for reasons noted below,no application relating to the Carnie Tract should reach either the public hearing stage or administrative consideration,our •• clients wish to have the Town aware of the fact that they object to the grant of any variances relating to the Carnie Tract,whether administrative or pursuant to public hearing.Any such variances,and particularly those related to fire/safety and emergency access.will jeopardize the safety of their own residences.as well as any residences or other improvements which might be constructed on the Carnie Tract. Any application relating to the Carnie Tract should not reach the point of receiving administrative or public hearing consideration.It is our understanding that the Town of Vail will not process any application for subdivision,variances,or design review without the consent of the owners of the lands included within any such application.The Carnie Tract is without access.Mr.and Mrs.Carnie have initiated litigation in the Eagle County District Court in an effort to condemn access across the Potato Patch Club.Dome and [relands have been named in that action and,like other owners of undivided interests in the common elements.they are contesting the condemnation claim. Because any application for subdivision.variance or design review relating to the development of the Carnie Tract must presume access across the common elements of the Potato Patch Club or some other properly,our clients feel that it is appropriate to call to your attention the fact that the consent of all owners of the affected and included property,specifically,the common clements of the Potato Patch Club,cannot and will not be obtained and/or submitted.Rather than have the Vail Deparrment of Community Development devote time to a project which has not received and cannot receive the required consent of the property owners,our clients wish to bring this deficiency to your attention at this early date. If you arc not in agreement with this analysis,or if the Town of Vail will be or is processing any application related to the Carnie Tract without the consent of the owners of the property upon which access relies,we request to be advised of that fact. We also request to be advised of any application received by the Town of Vail related to the Carnie Tract.Although we recognize that there is no requirement for public notice of some stages of Town oiVaH consideration,we hope that the inclusion of this letter in the Town's file relating to the Carn.ie Tract will prompt notification in the event an application is received.If an event occurs which requires public notice,we request that,in addition to the notice given to the Potato Patch Club Association,that our clients be provided with a copy of that notice,sent through our Office. Because of the possible involvement of the Department of Public Works and the Vail Fire Deparrment in any processing of subdivision,variance and design review applications,our clients have requestedthat we provide those departments,as well as the Planning and Environmental Commission and the Design Review Board with copies of this letter. ,.•• Thank you for your consideration of this request,and for the willingness of your Department to consider the concerns of those whom we represent. Very truly yours, Arthur A.Abplanalp,Jr. xc:Dome Investment Group Mr.and Mrs.George Ireland Mr.Greg Hall,Director,Vail Department of Public Works Mr.Dick Gulick,Fire Chief,Town of Vail Mr.Clark Brittain,Chairman,Design Review Board Mr.John Schofield,Chairman,Planning and Environmental Commission APPLICATION fOR DESIGN REVIEW APPROVAL ..•QUCSllOIl.:i'_U the Pla,ming Siaff ,h ...7:;-2128 GENERAL INFORMATION This applic..1rion is for any project requiring Design Review approval.Any project r'aluiring design review must receive Design Review approval prior to submirting for a building pa-mit for specific information,see the submittal rcqUlrcmm~(or the particular approval that is requested.The application cannot be accepted until all the required informarion is submitted.The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.Design Review Board appronl expires one year after final approval unless a building permit is Issued and conSlruction is started. A. -r/t!-o 00 1l\ContllCl Eagle Co,Assesso"Office at 970·328·8640 for parcel #) $20 LOCATION OF PROPOSAL:LOT_:BLOCK:FILING:......,._ PHYSICAL ADDRESS:"ItS'"Dr I'd 7'1t7'iJ Plfr~1f Clvt3 PARCEL#:aID I "'3 00 ZONING:__--'f<-'>-.c_=-="..-_ NAME OF OWNER(S):D A.oJ-..::ro. MAILING ADDRESS:;).9;;.0 f'1IfAlK S v'J}'L 81f-,S o Minor Alteration- OWNER(S)SIGNATURE(S):--=-:--:-:--:c1~====:-:----::---------- NAME OF APPLICANT:mf t-fll'r L.4 u -r£.:(I.3k=u{:.c-_ MAILING ADDRESS:""A'~P.~D~13~~3..:z4:...s;llr ___;r=:;__;-;;"'~ __--'v,...:.A-""I...,L'----_8"'-'-"""")""'-8"'--PHONE:__4..:.-J.7"""_-.::;G....:."...;4-...;f-,- TYPE OF REVIEW AND FEE:'1'71-11070 (",If o New Construction -5200 Construction ofa new building. o Addition -$50 Includes any addition where square footage is added to any rcsidcurial or commercial building. Includes minor changes to buildings and site improvements.such as, reroofing.painting.window additions.landscaping.fences and retaining walls.etc. B. C. D. E. H. F. G. ORB fees arc to be paid at the rime of submittal.LatCf.when applying for a building pennit,please identify the accurate valuation ofthc project.The Town of Vail will adju!>1 the fcc according to the project vaJuation. PLEASE SUBMIT THIS APPLICATION,ALL SUBMITTAL REQUIREMENTS AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT.75 SOUTH FRONTAGE ROAD. VAIL,COLORADO 81657. . for Office Use Only: FeePaid:I~~O CK#:;;]/33 By:_ ApplicarionDalC:g.;>.f-'"DRBMcetingDalC:=-=-,__ Pre-Application Meeting Date: . MINOR ALTERATIONS TO THE.EXTERIOR OF BUILDINGS AND SITE IMPROVEMENTS 6\r>i'-=...•< WN OF VALL 'ij ••..,.. GENERAL INFORMATION This application applies to changes made to a site or exterior alterations ofa building.Any alteration in which additional building square footage is added will require an "additions"application. o o o o o I.SUBMITTAL REOUIREMENT/i Photos or sketches which Q.carly:convey Jhe existing conditions. Photos or sketches which ~convey th~proposed building or site alteration(s)...' All relevant specifications for the proposal including colors and materials to be used. Condominium Association approval (if applicable). If the intent of the proposal is not clearly indicated,the Administrator may determine that additional matez:ials are necessary for the review of the application. " \>• COMMITMENT FOR TITLE INSURANCE ISSUED BY On.lcr N"??til 1l1flS 01...i ~n o!t.he 90.1 11'\WITNESS WHEREOF.Stewan Tille Guaranty Company has caused itS corporale name and seal 10 be hcrcullto affixed by its duly authorized officers on Ihe dale shown in Schedule A. STEWART TITLE GU ....RANTy COMPASY This COrT!milrnent shall be effective ani)'when the identily of lhe proposed Insured and the amount of the policy or policies comrnltted for have been insened in Schedule A hereof by Ihe Company.either at the time of the issuance of this Commitment or by subsequent endorsement. STEWART TITLE GUARANTY COMPANY SIgned under seal for Ihe Company,but Ihis Commitment shall nOl be valid or binding unlil it bears an authorized CountersignaTure. This Commltmenl is preliminary to !.he issuance of such policy or policies of lille insurance and all liablluy and obligations hereunder shall cease and terminate six months after Ihe effective date hereof or when Ihe policy or policies committed for shall issue.whichever firsl occurs,provided thai the faIlure to Issue such policy or policies is nm the fault of the Company. STEWART TITLE GUARANTY COMPANY.A Texas Corporation.herein called the Company.for valuable consideration.hereby commits 10 issue its policy or policies of title insurance.as idemified in Schedult:A.in favor of the proposed Insured named in Schedule A.as owner or mongagee of Ihe eSLlte or inleresl covered hereb)'in the land described or referred 10 in Schedule A,upon payment of the premiums and charges therefor;all subjecl 10 !.he provisions of Schedules A and B and to the Conditions and Stipulations hereof. STE .....·....RT TITI.E OF EAGI.E COllNTY _I:-iC P0 I:l..~~tJ(lI Vad.C"I"r<i\!"IU(:l\~ (970194'}IIlII A(~nl 10 '"11'.,(11"1( •• 2133 250.00 07/15/951- Order Number:99018268 •SCHEDULE A • J.Effectivedate:July 01,1999 at 7:45 A.M. 2.Policy or Policies to be issued: (a)A.L.T.A.Owner's (Standard) Proposed Insured: MICHAEL J.LAUTERBACH Amoum of Insurance $LOOO,ooo.oo (h)AL.T.A.Loall Proposed II/sured: (c)Leasehold Proposed Insllred: (Standard)$ $ 3.The esrare or ;meresr in the land described or referred to in rhis Commirmem and coveredherein is fee simple 4.Title to tile fee simple estare or interest in said land is ar the effective dare hereof vested ill: JOHN A.CARNIE and JOAN T.CARNIE 5.The lalld referred to in tllis Commitment is described as follolVs: SEE ATTACHED LEGAL DESCRIPTION Purported Address:STATEMENT OF CHARGES These charges are due alld payable be/ore a Policy call be issued. PREMIUM OWNERS: TAX CERT: EXCEPTIONS: $2175.00 20.00 25.00 Order Number:99018268 •SCHEDULE A LEGAL DESCRIPTION • A Tract of land in the Southwest Ouarter of Section 6,Township 5 South,Range 80 We4t of the 6th P.M.,more particularly described as follows: Beginning at a point on the Southeasterly boundary of that tract of land described in deed recorded in Book 126 at Page 583 from which point the Southwest corner of said Section 6 bears South 22°52' West 4 distance of 1,059.19 feet; thence North 62°)1'B.at 101.94 feet along the Southeasterly boundary of the tract described in Book 126 at Page 583; thence North 57°10'Bast 79.0 feet along the southeasterly boundary of the tract described in Book 126 at Page 583; thence North 16°34'Bast 103.3 feet along the Easterly boundary of the tract described in Book 126 at Page 583; thence North 14°54'Bast 228.32 feet along the Basterly boundary of the Tr~ct described in Book 126 at Page 583; thence-South 34°08'Bast 162.45 feet; thence South 0°05'East 274.58 feet to a point; thence South 89°55'West 336.55 feet,more or less, To The True Point of Beginning. COUNTY OF BAGLE STATE OF COLORADO_ THIS COMMITKBNT WAS PREPARED ON JULY 14,19119 FOR QUESTIONS RBGARDING THIS COMMITMENT PLEASE CALL LINDA WILLIAMS,THE TITLB OFFICER,AT 970/949-1011. FOR QUBSTIONS REGARDING THB CLOSING,PLEASE CALL TRACI CARSON,THE ESCROW OFFICER,AT 970/949-1011. This commitment is sent to: MICHAEL J.LAUTERBACH JOHN "JOAN CARNIB ROSS DAVIS Order Number:99018268 •SCHEDULEB Section J REQUIREMENfS • The following are the requirements to be complied with: Item (a)Payment to or for tile account of tile graruors or mortgagors of the Inll consideration for the estate or interest lo be insured. Irem (b)Proper insrrumenl(s)creating the estate or ;meresl to be insured must be executed alld duly filed for record.to wit: 1.Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the Eagle County Treasurer. 2.Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. 3.Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of vail bas been paid or tbat the transaction is exem~t'from said tax. 4.A Good and sufficient Access Easement for ingress and egress to subject property from a public street or roadway conveyed to Michael J.Lauterbach. THIS REQUIREMENT IS NECESSARY FOR ACCESS TO SUBJECT PROPERTY TO BE INSURED. 5.Deed from Michael J. John A.Carnie and Joan T.Carnie vesting fee simple title in Lauterbach. NOTE:NOTATION OF PER 1976 AMENDMENT THE LEGAL ADDRESS OF THE GRANTEE TO STATUTE ON RECORDING OF DEEDS MUST CRS APPEAR ON 38-35-109 THE DEED (2 ). AS • Order Number:99018268 •;)L'NI:.UULI!.11 Sec/ioll 2 EXCEPTIONS • The poUcy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfacrioll of the Company.' 1.Rights or claims oj parties in possession,nor show"by the public records. 2.Easemems,or claims oj easemems,not shown by the public records. 3.Discrepancies.conflicrs in boundary !ines,sl/onage in area,encroachmeflts.and allY jacls which a correel survey and inspection of the premises would disclose and which are flot shown by the public record.L 4.AllY lien,or right [0 a /ien,for services,labor or material heretofore or hereafter furniShed,imposed by law alld IlOt shown by the public records. 5.DeJec/s,liens,ellcumbrances,adverse claims or other mallen,if any,created,first appearing in llze public records or attaching subsequetlt to tile effective date hereof.but prior to the date the proposed insured acquires of record for I'a/lie tile estate or imerest or mortgage thereon cOl'ered by this commitmellf .. 6.Unpatented m/nillg claims;reservations or exceptions in patetlts,or all act authorizing the is.nllmce tlwreof.' water rights,claims or title to water. 7.Any and all unpaid taxes and assessments and any unredeemed tax sales. 8.The effect of inclusions in any general or specific water conservancy,fire protection,soil conservation or other district or inclusion in any water service or street improvement area. 9.Reservations or exceptions in Patents,or in Acts authorizing tbe issuance thereof,including the reservation of a right of way for ditches or canals constructed by the authority of the United States,as reserved in United Statss Patent recorded August IS,1935 in Book 93 at Page 278. 10.Terms,conditions,reservations,restrictions and obligations as contained in Protective Covenants,recorded March 3,1965 in Book 287 at Page 7 as Reception No.100997. ", ".... TO k~rJ.-;:t::.,<-r 6r<+'~"I If·1-3 ~fO ..r-fr Potato Paub Oub CondotrUQ;um ."ssoriati~D.',be.'6 3 7 -,")I)'L.J Proxy lO Vore.,An!lu.l M«tiag fi,3:;'-3 gO 7 q.\£-trR f-uJ7 (j ..-~'n ,c /)U -.H7 113 £..M«)'tr C/X Z2 </-1'p 7(/ til ;oc.;orda."'l\."'"C ",ii.h 5:"tioo 5,9 ofiht:ByllV.-S ofPctUo Pe!ch Club CondCh.-iliJb...T11 A.iSO\f..ati~Lie.,a Colorado no..,profh corporation (ho"einafter referred :c as th~...Assoc~"). the undersigned as the r~ord C ....ll~of a condo:ninium unit v..'ithm th=Pou.aJ,.)P,2~b Club Condomicil4m!aM a.u1.t'mbe:r uf ~M ~ie.riol1 hereby appc.U1ti Ke\l\n Burk~and H.ennann Sta1.!kr.and either of tbe:tl:.\ViIll fuJJ p<>wer of 5ubrtituriOlL e3 ncrni.nus of lb:r UAdc-lSjgn~d w a'1oe-nd,\-01.0:M2d lll:1 fur N!d in tht:o.a:mc of the und~~gned at the ~Mttti.ng r:Il the O\Wne~ ofm~As~tior.(6c!'""Me~ting'')to be-MId at d'.c Ciao Rest~~l.9~O Rtd Sand.<;,~Road, V,".Cplotado 81657 ""Frid.~"July 2,19!19 III 9:00..""(local time).rA at ,vo:)'adjO\lZlllIl<!l1 rheT""yC(And the undasigu.c ~rrby revokes 30)"fo:n;..;r proxy given !Q MtM.d ADd \-ote'at tk: Mee-ting. TIU NOl\(I!\F.F.IS Hi'1ll'IIV !:\:S'fllUCTED TO von:AS FOLLOWS \\o1TH RESPECT TO THE FOLLOWING M-...TfERS: L FOR 0 ABSTAP.\CJ Te.C'or.sider and t:J EtFpro'(~~adopt the ~lU-=....on.'"wpy of which is anached h('reto~to i~VC:me'AssocialioD Board of Oirccior3 the alJthoril)'to 8etODpt to :i.."TIle r~Carll it CObde:nmation lit:it;ation b>'n~iatin~and gr.urtioa:8ll at:{'t5~~!tlt1\[to a potential pur:hAscr of the C.arnie property aed..in grne::"3!,hy ptoeeedin£in !he manuer se:.fon!:in the atDIChcd Resolution.,blJt subj~ct to the limi!.i!!O!15 and paramelers Si:t forth In such 9.r,olurion, 2.To use:the norr.inee's h£',;t jlJJgmez;t in vOlitl~to ET'2I\slK:t such C'othCt' b',J~iJl~S!as :nay propeyJy come ~f;')':'""1!tl:.c M~:t-:.ng or any adjCtIJ'TUIl,m theteof. This IWxy ",ill be v:>tfd for or ag:t.n..~or withhr:J~or abslained in res~(of lhe: If131:tc-rs listed iJ:accordance with the choke,if any,icdiClSted in the s~..."t'~rovided.rrno dtojce is in..1icated.the Proxy v.tiU be vottd '>FOR"such m:.t1n.if 8Ily amendmert!S or varilltiow are to be voted on.Or any fill1her Ill<ll1ers COtn<bervl~the M«:ing,!hi.Proxy will be vote<!"".onling w ti>:best judcmcn'of the person vo~ng the Prox)'3t lilt:Meeting,Thi£form should be rw:l in Cl'!lj~oD v..;ih tbt .ac"ompallying NotJc~of MCt'!ing &ad ptcpvs..."'d Rt-soJution for the-~ dt-~.c:ribed rn ~o!~,O)ph I above. 47.;6~47 P _02 DATED THIS DAY OF •J999. O\~NIR: -----,..,-------=;--:~-::-:-~1'=of0_and Ii,",0'office.if applicable (pI..",..ptint) . enil Number in Po:a,o Parch CNb Condominium Associa!ion owned by t.he pt:rson{s)exC\.'uti:g this Pro>.")' FOR JOI~T O"':IJ\Il:llS, Nawe of Joi:tl o-.nor (pJ=e prinT) Utili ~~i!l Poato patch Club Cor..dottliDiurn Associarian owned by the ~n(s)exet!·..tting tb:i~ Proxy •TO • JOINT RESOLLTIOS ADOPTED BY 11'111 BOARD Of DIRECTORS .~ND MEMBEllS or TIlE POTATO PATCH CWI!CO!<'DOMJ\'lOM ASSOClATION.IKC. WHEREAS,ihc POt8LO Patce eub Condomini'J.1J\Associ!.r[on,Inc.(b.en'ina&r refc:::n1:d 10 ai t.~.e "~ociationJ is CWi"c:ntly 4 JW'tY to cm.din lilii&~ion initiated by John A. Carnie anc Joan T.Ca.'Ui~(the "'Carnics")re-queitin.e th(condo!..'1\..'1Mion or ~cen-Ain e:lseff.r,l:'rl! ov~r propeny o,,-ned by the Ass~iztion iI!order to obtaiu ~to Q lanGIO(".ke:l p;.ucel of lSDd JO('~a4ia.eetu lO Assod!.tiol1 property And currently owued by the CamJ'es (the:.IClUuk P"'I"1t)"). WE.ER.EAS,lbe Association hls be..,.,"his«!thaI ~Carnies tnay d"';~10 sclJ t!lelf ~.1':MIL De\.-elopr:!lent loc.aDd/or .~:hacI J.~;J1t'Tbfieb audio::,their assign'or affililUcs:(het(insft~~pJJectivel)'~fmerl to as.rh~"p"ttntllU Purchaser)_ .\\'H3RE.~.initi;ti discussions ",.jive laken p1.ece bel'l.',"een authorized repteSC1\t8!lvn of lhc:As:sociarion and the Potent~Pu..'""Chaser con~rnici:tb.;-purchast"of the Ca.rnie Pro~and ~po.sSicle grant of a.'l occ:ess casemenT over Assodi:tior:property b:r the AM,oci,lI:on to Potential Purchaser.. V,'H.EREAS.the Board of Di..e':lors of r.."l.e Association ha ...t reached a general uDd<rstaodiog willi PoteotW Purchll3<T rcg.,.ding the pn>ce"by which PO".entiaJ Porcbaser could obtain ;an;cccss ~m(rn fro.:J:l the Assodatioi:.at an agr~al upon Iocarion if Potential Pur:haser a<:TUaI1y obt:lin,title to !he Carnio Propmy. WHEREAS.if Po.,.-...tiaJ Pur<bller ob-.ein.;approvtl ofrhe Town of Vail (an<!all other ~ovtn:utlental entities wilbjwisdil;ti.oO over 1M suhj~property)fez PorM.rial PUl'tbaser'.s: cC'·...'l0J.'I11cnt plans ~~specificajor~(d!.e "PJens aOC S~:fiC3rions'')wiill ~tcT.to W Carnie Propcny,!he JlfO»ltC1S of a tr,,"sfer of tide ID the C.m;.ProperTy 10 !he Porentiai Pur<ha ....are sreat.'l·iD<reased. WHEltfAS,iD Oi~e.r to oowin.tlpyro\'$.l c>f tht Plans a.Tld Specifications tOr the dev;!opmer.[of the-CfD'nic PropertY.P~'1t:.aI PurdloUeT bas aC.vised die AS'sodauon WI Poteilti<ll Pur~h.aser rcQ....u.res a !C'l"1eJ'of bu:m from the Aisociadon ag.ree'~to granl to Poten:ia1 Pl.rth!tSc!r it",ea~ll1rnl far ingres.!and egress o'o·er A!'scdation pIllj>el'tY 10 1M CanU<-Property at thi!:ocatioll !I~l'ified .0 the Plems and SpeeifiC'3t1ot'\!.. ,,/WHfJGAS,if PO!eDtiai P1.l1w,.r is sble to acquit<tho:Canie ProperTy slid o"::Juin fram the .-'\5so;i.rion the nsdDeItt £0:iDg;~SS and egress more ~jC(1"bed he~in:~e Ut:C!lti~n flled by tbt Can:i~5 V:;L~re~t the~to ~ovld b~~d the ASYlClalJ<)o could bot re-J.:ased (;om LlK'obhgallon 1(;adc~d such KtJOD. WHEREAS.nn JIU\e 4,1m ~hl"BC"uld uf1.)ircCID1S ofYN Association adopted a u,olu!iou lb)3 vote C'f !iX to two)rccvu:mo.n!.nt diM.the B~"aJd of Dire.cmfs bring TO Y~ (Jwners au..:!wemb~of the .~!-"'OCiarH .."Tl 1:11 the annual ~ting.a resolution alLd::QnZi~tlx'- Associ.l.tlon 10 pl,j~t!C thot !D.sttO'"j mare parbculp.rly dHtribM b:::rr:in. ,.....~."'"-....." •• NOW THEREfORE.BE IT RESOl\'ED AS FOLLOWS,it!aeoord"'lco with S«tion 183.4 ofl!1c COlldoOlillium De'!onJtion for POrMO Patch COodOmilllWIl.!: 1.Tbt'Bo!Id of Din'CIOrs of the Ass.xi.atioc is ht1"eby e.uthxized to 8!M1 an... ....ffi<l1t fo:ingrr.;s and eJlress to Pot,ntis!~upon oati1ftl<:tion of all of the tenns ..a eu:iiitions therefor set fuM in thiS"Resolution, 2 The gra."1t of "'"subject eastment fOf inS'...and <gre",(the "Ease<nclll"J ma.1.I be subje-ct to th<:5I1ris~tion of each and ~O:'one of the foilowillg c:-J.I'ldttion~by POtd1rial Purcllnser: (a)A.cqui!:irion of'iN:Cttnit Proper.y by Pottc.rial Purchaser, (b)Final pi ..approval by the Town of Vail of ,0.Plans and Spcdfications for dC"Vciopml'tll ofilie Carnie Property (the "!levelopme","); (0)T..,.OovclopmOl>!slu<1J c<>ouU.:t nO DlCn:ih>.."fiv.(5)Siltl!"?l!e:i~' 'esideru.-es and 'shaJl llOt exceed 3.500 S(jUllTt f=({jJU'A.de"elope'd aod i in f( accorcznce with the site PJana!t.:iC~d hereto;f'"rc.\,.1.k'5:e--- ~er (~)A 30 foo:setb:!c;;fro",lh.As,ociaion'."""P"'f"'!"'Y line oball be established in the PllIns and Sp«:ificotions >nd maittlained by Potential P'Ofoha ....; (e)The Easetoent shall 00'be mvr::dum 25 1<"in widtlt,and me ~laCiu,of Ibe Eascrncnt wil!lin the Assoc;otiOO propCIt)'mi1>l be api>tove;:l by the Town olVaiJ Fire Deparun..."'tlt ar.d the A,5soci3tlllO:Board of Oirectors~ (f)'fb,;-U.ritte'R evideClCt oftbe Easeme!ll!1'olSt ;?rovide th8t all C<lsts of surveying,t'ODlplyin£v.'ith To~of Vail planning rt'qllirfluentitl all eonsrruetion (including ~Cl>t~tr.J;;tion).landsc-aping fljd J;Oanding of ~('J1trance.as ,",'dl as the resroratiCi1 of any Atwc:iatiOll pro~r.'y wbicll 11:ahe:r-¢d 01 d3r0iged during construction, shall be horn.",Ioiy by Pot.ntial Purch""<I"; /(~)Pote-nriC2!P~'"C~xr ~l.uiX>Q ex~cuIio:n of the fonnal documemarion of fhe ~.nCC11 pfL),to :hc .~~Don ttu:sum of $250:000.,whic.h shall be aJl<r...attd by UK A.s~iation as coodemnari'''n R'W'llfd dat::l:!g1!r.8S ~'S.fiffi in Section J3A ofth<:Condo",;:tium Deo:L-.tion fo,Potato P!ltoh Club Condo01i.ttiilnl<; (h)~v.'rinl!'D documerJ.ation of th~Easem~,sMU cor.tain,or ttlil'lcide with o.be:t dOCl.lJUttlfar.:.Otl exeClJJec bv UJe As;ociatioo lU\d Pottnti.al Pwchast:t. 3.fuJJ jCu./qment of the C~mit liUilUi(\n with p;cluojce: ~ /'li.l Ibr.Ea!'-.4!!'nt"l'1t shall1\\)'1"bf granted until such time as PO~.eJJtial k 1~1 7 Purc!l,l:;'cr has cbl~ed reI!:filiI'10 t'lr.:Carnie PrC)p..~; (J)Up;1D is5Wt.l1t..e of ani.in .::vnjunction \-'lith the exc..:utiOD of l!.km:r :v/of iDt~t te gTa;)t ilie Eascmc:nt tC PNcmj;\1 Pun',~b)the A£s.oC"~"l1.;l):).the CarnicsC...'".m:JS:~:mJ ~l.a[e TO an :ndf:finile conU:luan<'C::a:xi vHcafion of the 7ia1 dale'a"\.1 _"'101 I l,L:..l-1 ......,..........,,,:.,2 .. TO •P.1lS tI:ab8I<I1)<fI f all kg.l Jl"'Ceedinj;s ill lilt cUltont condemnation :irillltioo,l"'nding~}fUOD of the TO'\loTl of Vail planning proc=ss:wlib respect to me PIIf1.5 ami Spccifi,ati011S of POWl1ti~Purchaser fer tht DcvclopmC'D1. f1iRTHfR RESOlYED,L'la'tI:t Iloud of Dit«T<lrs of the AssociarioD is """'by authorized to usa:a non-bindi.og lene:of inteJU to the Potential Purchaser speci:fyj~lM p3tamtters and JimItations with respccll0 the E~menr ~fan.."abo ....e·BIld aIly oth::r limitatiOJ:!.i and/or ronditions reG\ired by the Board of frJeCtt'IS Or counsel for be Association for !No pOssr,l~grant of the'EasclCic.nt to Potentia:Pu.""Cbase:.Such leneT of intrnt mu.'JI:contai.o.an aclwowledwncnt by the POtential P"",haser <hal tht wuao,e of the lel1er of intern and the ~l1tion of the Ease~t shall iD 0Ci way be cansC'Ued to be an approval by tht'Ais.ociation (or any of its members)of the Development or the Plans a:os:!:S~lCarivns.and tMI all :nemben uf the A5SC1ciatioo end the As$Ociatlcn Itself ft'~f al!rilbt5 to panic:ipare:in aoy TOYrn of Vail pwu:l1ilg prot'.a=s$n::1.ztting l.c the c1evdopnx:nt of the Ca.""nie Pzo~.Potcnrla1 PUl\:baser musr !llr~~acknO\\-'led~e lha't Cc-t~"rnemben of the ....ssocj~joc may be oppo~10 the grant oftht ~mentand trn.)'actively paru;-ipace 1ll :n:teb To",~of'Vail planning ~S~ /'fURTHER.RESOt VBD.thal within tho lirnilations anG PO"'J1lfteCS S::l forJt e.bove~l.h~Bo:ard of Di.rc-ttDt3 o:,h,:A5sociati(\o 9haJJ be jI."ld is ~eby authorizi:d,empOwered and dir.ected to ugotiat.e:.ex~lltC ar.::d,as netcssaI}.record the aoovc+dcsc:ibcd lenet of i::!Jl~1 snd the (m.ot1 ~finitivt'wrir.:en ~l in COrtUOLOon with ~oUJ),se.l for the Association.AJ1d ~o negotiate a ful&1 seutel'tX"Dt of the C~liliija:ion.w:th prej ...diee,as ofIbe tt:sulr of1he li!ram of the EasemenT. fURTHER R:SOLVED,tJt;;.m<Eoar:!of Oilman is &lid sba!l be illllltori2<d, empowered acd direc:red to c).-p:ore the:possibiHr,'~~creating a sub··a$soeiation \lIith respect to the fIna!<p;>rovod development ofth>Cami.Ptoper.)'fot L'l<purposes of. (a)shariIl{t the cost of fUQfnte:lm:lCC,ttpaUs &DJ SDOW fOT~oval for the- (b)cu:c.c:sS to and appropr:ate COst shaing in Uit'ma..i:l~c=naD.Ci!.l'ep!.Jr and capital iID,;)JO~'el!la'lrs (0 the ("ommon elements of the N.SOOiation.including the tennis COwts.pool.spa &1ld health cJdl,and (c)'"""",nd lb<CondonJi:lium Declaration fur 1'0=Pllcb Cluj CO'ado.clin.iu.nn TO induck the ahc....c·descn'Jed provi$i.ons,subject (0 the ap'PIo'r'al of the owners !.Cd mol1~ag:teS 1,)(unit.~\\ithin the A$.'iC\..-iation as required by such Declaration, .......i'lh sueh otha terms and cond.i:ions C"omzi!1eC therein a'lo may be required by tilt"Board ofDireet~ar.a c.Jt.:!.lSCl ror the:As5:OCiaocQ e:s lP~l'Opriat.e. JiJ 1-~-1??9 113:28 FRCi.U~IL ~F:ENTHLS.INC.TO •47E.694?P.13& '",_..-'----- / \ JLU..29-199?II~:.•TO P.l1 WritRn CODSfnt for Grant 01 w~w.cnt The uncktsi...tUlCd,IS •record O'WltZ":of a coodoroinium w.Ut 'within tht PoWl) P.r..eh Club Condomiuium!and a member of Potaro Patch Club Condominittm Assod.a:tio%1,lee. (1)1 a .m.oniiQ~,as applicable)be.reby provida ~rinec CO~t.in accordance with S<c1ion 183.4 of mo C01'ldomir~_DoelaratiOIl for Po"',o Palch Club Condn:nioiums.for the BOO1d of Directors:of th:CoadOUlinium As,ocia;tioo to sell and/or grant the acceiS easement mort particularly d<scnl>ed ir.the anarh<d Rosoluti""of 1M Asso<>anon subjec,to the JimiliuOIlS and pa<om=.fur the llfl!1uog ofsuch •...,.".",>0,fonb in til<'body ofth<art8<hod R.::solution. DA nIl th;,__d;,y O>f __~19,9. OWNER: Name of ~r llf.Id title Or oftke~if applic:abl.;: (p:.....1":"1) t,;Li(N~~in P<lw.,)PfGCh Clu:b~C:;-oo:-:-d;;:a-lIU-:'-m:-'un-l Assoc:a:ioD O,",D~by rbe person(t)executillg this Yl'rincl:Nn-:.enl FOR JOINT OW~'f.RS: Si~arurt::of J01."U Ovmer -:l-nJ:-·l-~-'Uf~.t,,-;r·in P~1A1!.J PaId;Clut-Con..1hmf~C'·Wlj-- AUOC!a!J,'l.""()....~d b)'the poe~I'){,,)~:CClJ.t~this \l.TiUl':'l (.'(.~<.cJt ..' :, .......--....~.....-._.~..,TO •P.12 • FOR MORTGAGEE.S: ------------N:me ofM'Jngaget: ~;:,n of Authori=l R.pr=1a:i....,and lit:.or offie<!.ihpplicsble (pless.jl1inl) Urut N"'n:.e.in Po-.aro Parch Condominium As"",i";""encumbered by the MO"lJ1.feo eacutic.g tl:!is ",linen L"onseat ~ ••• DRAiNAGE CALCULATIONS Date Receivel SEP 10 1999 POTATO PATCH CREEK TOWN OF V All.,EAGLE COUNTY,COLORADO SEPTEMBER 10,1999 Prepared For: Michael J.Lauterbach Prepared By: Peak Civil Engineering,Inc. 1000 Lion's Ridge Loop Vail,CO 81657 PLC Job #15 • \.INTRODUCTION • The Potato Patch Creek Subdivision is located to the west of the Potato Patch Club in the Town of Vail.Eagle County,Colorado.The site is located in a large drainage basin that extends to the north.The drainage basin consists of aspen forest,evergreen forest and residential development. The Potato Patch Creek Site is scheduled to be developed into a subdivision containing five home sites.The drainage study estimates the runoff from a lO-year event and a 25- year event.Additionally,the ability of proposed drainage structures to convey the runoff through the site is illustrated. II.HYDROLOGY Most of the runoff from the north of the site is collected in a ditch system along Potato Patch Drive and flows into Sandstone Creek to the west.Only a small area,consisting of 0.4 acres,of the offwsitc basin will affect the Potato Patch Creek site.Therefore,only the on-site basins and the 0.4 acre off·site basin were used in completing the hydraulic calculations.The on-site drainage basin plan can be seen in the appendix. The rational method was used to compute a peak Oowrate for the 10-year and 25-year event.A runoff curve number of 0.65 for the 10-year event and 0.68 for the 2S·year event was used based on the basins land use conditions.Rainfall intensity was estimated using the Intensity-Duration-Frequency curve for Vail,Colorado shown in the appendix. Due to the small size of the basins Time of Concentration was determined to be the millimum value of 5 min. The runoff Oowrate computed for each on-site basin is shown in the appendix.A snowmelt factor of 0.08cfs/acre was added to the off-site flow and found to be negligible. • III.HYDRAULICS • Four corrugated metal pipe culverts were designed to convey flow through the site and are shown on the drainage plan in the appendix.Due to the low level of flow throughout me site the minimum required culvert size of 12 inches could be used for all four culverts.A culvert analysis was performed using 25-year event runoff values and is shown in the appendix.Additionally,a rip-rap stilling basin is proposed at the outlet of culvert 3. = --l~"~"~~""~",,-~:~'-_~~~~~:""~~..~_~.....-~,,.~.,o~::~~_~J.......-- ./-,' • --.------'- I ~lll ~I ,~lJ!"-()"m() -- g/I~§C:~"",. """-~~ I I I ~~/J IlASlN 2[~I O.l1.o.alES , ....iIt5~-rl-I I ~/I t_-c:~ ""12I.. ~-- l- I / I I IlE'ltSlOHS< , SCAlE 1"-SO'EXHII3lT 1 """""""'tIlAfi ",r""""'"..PLC ~,~ CLUE'1/10('19 I I !I - ""~~--()r --'.,-is g C:~lY~§"""~gII ~I I j "'.>: //~"~['fJ """J I .I ~ I .'I /1--.,~ I I ...'---- l __[~, U"TI'-I " II ---/-I .-1/I, ~SlQofS: IHT ", SCALE ,"-50'EXHIBIT 2 iI_ROLQ (;,Y C4 LCU L-A-"'NS 8MIN AUA (l1G.)-r;(I'l'o)T'oU'\"h')T ><:('''/.,)Coo C.'5 Q"~+,)Q ..(cll) Gfki+e 0.'/S-""3,(,'1,3 o.•s o.•g o.~</I," I O.D~S 3,(,'f,{0."5 O••8 0,21 O.U L ~.II 5"3.•'f,3 o.•5 0••8 .0,2"0,3Z 3 0.1/5'3.I,'t.3 _.0.'5 0,~g 0.2.o.~ 4 o.I.S 3.I,'I.s _.-...0.(,5 _-:-0.(,8 0.~5 o.~y 5 O.~s 5 3.1,'t.3 ...0 ••5 0.(,8 1,05 (I 32- (,OdS 5 3.(,~.3 (Us O.b8 0,"\2 0.5'2 1-Oy't 5 3."'/.3 O.bS D.bB 0.1,3 O,r-t :.t-AS'50ut-\ED M\I-lIM,\)"",1;,=<;;.....~...fb~Au..BoatSI.-l S <SNOW ""EI.T FI'oCTO'£OF 0.0$c.FS{~-..e-I,.,),,"S ....ooeot>"To ofFStrE.f\..oo".)A/o1\>~O\JI.)t:>\0'&5-JoJe,w..'<'1 S;L~. _.._- ,•• ... INTENSITY -DURA.TlON- FREQUENCY CURVES ,.... .'j "I' + ..... ,,I >--I--"-(f) ~ I- <:- 60 .. ,', 50 , f-' ,•t' , I -.I.r,, .+ ~.. ,oJ.+-+.:--J .1.-.1 ..~ -.~ .q..0: ,,,, '..:..." 20 30',40 (TIME MINUTES), VAIL 7 COLORADO .. ,, ,T ...'~. 10 2 ,, 4 ",,01_• '; 5·I I I ·1 .·f, :1 k:J : ,I :· R B .1.,1 jl,o ".,(- Ii ~~l I .'..., ...'.'.',,',.".. I:;;:.•.."....':.". ,".."."............':::::.......'.,.. " .. ."'. .:."'.'E··'·· CIJLV.r ~J!-,JER.'1.9 Q -'$::I.Y2 d, 2"C.NI"IN'/IAJ ='(32.3,S' ,'"'F 1"5 r IJ "lJ,;r -;8 "l.s:'!,'2 C,eAJ>E::/7. L""'",,"=SO I • •,')cvEI':."t 12\1 (..MP W/F£s 2.-='/G.'2.S ==/.,,0;cf:, 1'i'J'J r>J '"82.C;3 .0 ZNV ().;r '"8z 5"2 ,8 (;,eA-cE -0 /7. L!5tJ..T'~=2...' I'3----Q)$==Z,$O <-t~Ul-IJ!ORT -/ J.11GM.?:rAJ\)-r'"=8l~S.5" ""I Fes TJJ'J Ovi =82-38.· ~~"'t:'"~'1.5 '0 L~NC.,;P ;::/'1[;, •t.j ~&u;:O·y <j CK;..IL"E~-r -,- lot t::.MP -- 1;""I"~82.~,.ovJ/FES I)J'J 0""::e2.QS,I Cl,e,t..De ::tflS70 LbJ ..T,..:20 1 ._------ • CULVERT I Manning PIpe Calculator Given lnput Data: Shape Circular Solving for Depth of Flow Diameter 12.0000 in FlO T3te 1.4200 cfs Slope 0.0100 fVft Mannmg's n 0.0240 Computed Resuils: Depth ,7.6520 Ul Area 0.7854 ft2 Wcned Area 0.5186 (12 'Ilene<!Perimeter 22.1968 in Perimeter 37.6991 in Velocity ,2.6863 fps Hydraulic Radius 3.4293 in Percent Full 63.7667 % Full flow Flowrale 1.9299 cfs Full flow velOCity 2.4572 fps Critical Infonnation Cntical depth 6.0542 in Critical slope 0.0210 ftlfl Critlcal velocity 3.5749 fps Critical area 0.3972 fa Criucal penmeter 18.9579 in Critical hydraulic radIUS 3.0171 in Critical top width 12.0000 III Specific energy 0.7474 ft Minimum energy 0.7568 ft Froude number 0.6533 Flow condition Subcritical • • CULVERT 2 Manning Pipe Calculator Given Inpul Data: Shtlpe Circular Solving for Depth of Flow Diameter 12.0000 in Flownue 1.7400 cfs Slope 0.0100 Nft Mannmg's n 0.0240 Computed Results: Depth 8.9137 in Area 0.7854 ft2 Wetted Area 0.6256 ftl Wetted Perimeter 24.9343 in Perimeter 37.6991 in Velocity 2.7814 fps Hydraulic Radius 3.6129 in Percent Full 742806 % Full flow Flowralc 1.9299 cfs Full flow velocity 2.4572 fps Crilicallnformation Critical depth 6.7458 in Cntical slope 0.0221 ftln emical velocity 3.8255 fps Critical arca 0.4548 ft2 Cnrical perimeter 20.3411 in Critical hydraulic radius 3.2200 in Critlcal top width 12.0000 in Specific energy 0.8491 ft Minimmn energy 0.8432 ft Froude number 0.6299 Flow condition Subcrirical • • CULVERT) Mannmg Pipe Calculator Given Input Data: Shape Circular Solving for Depth afFlo\.\' Diameter 12.0000 in Flowrate 2.5000 cfs Slope 0.0450 ft/fl: Manning's n 0.0240 Computed Results: Depth 6.7736 in Area 0.7854 fi2 Wened Area 0.4570 fll Wetted Perimeter 20.4011 in Perimeter 37.6991 in Velocity 5.4706 Cps Hydrilulic Radius 3.2256 in Percent Full 56.4468 % Full flow Flowrate 4.0938 cfs full now velocity 5.2124 fps Critical Informalion Critical depth 8.2374 in Crincal slope 0.0244 fVft Critical Ve!OCily 4.3167 fps Critical area 0.5792 ft1 Critical perimeter 23.3244 in Crirical hydraulic radius 3.5756 in Critical lOp width 12.ססOO in Specific energy.................1.0295 ft Minimum energy..................1.0297 ft Froude number 1.4272 Flow condition Supercrirical • • CULVERT 4 Manning Pipe Calculator Giv~n Input Data: Shape Circular Solvmg for Depth of Flow Diameler ,12.0000 in Flowrate 0,4400 cfs Slope 0.0950 ftIft Manning's n 0.0240 Computed Results: Depth 2.2087 in Area 0.7854 ftl Wetted Area 0.0993 ft2 Welted Perimeter 10.6418 in Perimeter 37.6991 m Velocity 4.4325 fps Hydraulic RadIUS 1.3432 in Percent Full 18.4059 % Full now Flowratc 5.9482 cfs Full now velocity 7.5735 fps Cntical Infomution Critical dt:pth 3.2944 in Critical slope 0.0192 ftJft Critical velocity 2.5125 fps Critical area 0.1751 ft2 Critical perimeter 13.2358 in Critical hydraulic radius 1.9053 in Cntical top width 10.7107 in S~ific energy 0.4894 ft Minimum energy 004118 fi Froude number 2.1836 Flow condition Supercriticlll • D~partment ofCommuniry D~/opmenl 75 South Frontage Road Vat~Colorado 81657 97()-479·2138 FAX 97()-479-2452 ·.• June 19.19QX Mr.Larry Benway Stockman's Land Exchange 229 Broadway PO Box %0 E:1gle.CO XI~31 Rc:Voplalled Parcel Vail Potato Patch Subdivision Vail.Colorado Dear Mr.Benway: This letter is in response to your request for confinnation of zoning compliance for the above referenced propcl1y.The property is inlhc Town's "Residential Cluster"Zoning District.A copy of the "Rcsidentilll Cluster"District Regulations have been enclosed for reference.Attached please find correspondence from 1996 which details the Town's position on aeces,to the site. If you require additional information on this maner.please contact me at (970)479-2128. Sincerely. ,. - Brent Wilson Planning Liaison Officer ·...".\... ~..'::-:::-:,., TOWN OF VAlL 75 South Fromagt.Road Vail.Colorado 81657 970-479-2138/479-2139 FAX 970-479-2452 June 19,1996 .~ FILE COpy Department o/Community Developmenl Jack Snow RKD 1000 Lions Ridge Loop,#3D Vail,CO 81657 RE:The Carney parcel Dear Jack: This letter is in response to your request for the Town's position regarding vehicular access to the: Carney parcel,which is located immediately to the south and cast of the Potato Patch Club. Town-owned property to the south of the Carney parcel.is currently zoned Natural Area Preservation District and Town-ownc:d property to the cast of the Camey parcel is currently zoned Outdoor Recreation District.It is the planning staff's position that vehicular access to the Carney site.via Town-owned property.would be inconsistent with the zoning designations on these properties.Additionally,the staff has concerns regarding the topography of the Town- owned properties and is concerned about the impacts that an access road would have on the site. Further,we believe that an access road across Town-owned property would have a negative impact upon the adjacent property owners.such as the Sun Vail Condominiums.the residential propenies located on Red Sandstone Road and Sandy Lane.and tbe Potato Patch Club homeowners. In summary,the Town staffeannot support a request to provide vehicular access to tbe Carney parcel,via the adjacent Towo-owned properties. If you should need any funher clarification regarding any of the above issues,please do not hesitate to contact me at 479-2144. Sincerely, /1...:1.Mra:.- Mike Mollica Assistant Director of Community Development MMljr cc:R.ussell FOCT'CSt 75 South Frontage Road Vail.Colorado 8/657 970-479-2J07/Fax 970-479-2157 July 31,1996 Kevin Lindahl.Esquire Lindahl Associates Post Office Box 2100 Eagle,CO 81631 • Office a/the TOM-/tI Al1or1l(~>' Re:Carnie Request for Easement Dear Kevin: On July 31,1996 I attended.the Development Review Improvement Process meeting which was anended by Community Development.Public \Vorks,and the Fire Department.We reviewed the location of the Carnie property in relation to the Potato Patch Club and the possibility of accessing the property through property presently owned by the Town of VaiL---~ Everyone in attendance concurred that this issue has been explored frequently.TIle steepness of the surrounding terrain and the fact that the Town of Vail owned property is zoned.open space precludes crossing Town of Vail property to access the lot. The Town of Vail is not interested in condemning a public access through the Potato Patch Club. As we discussed~the Town of Vail parking lot for the Sandstone Tot Lot is located on property owned by Bob Lazier.In recent conversations with Jay Peterson,he believes that there is a possibility that Mr.Lazier will be willing to convey that property to the Town of Vail for its continued use as a parking lot.If that were to occur,it might provide the oPJX>rtunity to access the Carnie property through the parking lot and a portion of Sun Vail.I would be happy (0 join you in talking to Jay Peterson to establish whether there is any likelihood of success if we moved jointly in that.directio.n. o RI;(:rC:U:V"""'I:R i: • I have enclosed correspondence that has been generated by the Community Development Department.I will be happy to discuss this item with you further at your convenience. Sincerely, .;;:V~~~0 R.Thomas Moorhead Town Attorney RTMlaw Enclosure xc:Mike Mollica ./ ., 75 South Fronrage Road Vail,Colorado 81657 970·479·2138/479·2139 FAX 970·479·2452 June 19,1996 Jack Snow RKD 1000 LionsRidge Loop,#3D Vail,CO 81657 RE:The Carney parcel Dear Jack: • FILE COpy Departmem a/Community Development This letter is in response 10 your request for the Town's position regarding vehicular access 10 the Carney parcel,which is located immediately to the south and cast cfthc Potato Patch Club. TO\\'11-ownOO propcny to the south cfthc Carney parcel.is currently zoned Natural Area Preservation District and Town-owncd property to the cast of the Carney parcel is currently zoned Outdoor Recreation District.It is the planning staff's position that vehicular access to the Carney site.via TO\\-l1-oWOoo property.\liQuId be inconsistent with tbe zoning designations on these properties.Additionally,the staff has concerns regarding the topography orthe Town- owned properties and is concerned about the impacts that an access road would have on the site, Further,we believc that an access road across Town·owncd property would have a negative impact upon thc adjacent property O\VTlers.such as the Sun Vail Condominiums.the residential properties located on Red Sandstone Road and Sandy Lane.and the Potato Patch Club homeowners, In summary,the TO\l,n staff cannot support a request to provide vehicular access to thc Carncy parcel,via tbe adjaccnt Town-owncd propenics. If you should need any funher clarification regarding any of the above issues,please do not hesitate to contact me at 479·2144, Sincerely, f1.;4 Mra- Mike Mollica Assistant Director of Community Development MMljr cc:Russell forrest o RE:CYCJ..J.'DPN>CR ., o 0 RICH AND KRUSEN DESIGN,INC. ARCHITECTURE AND DEVELOPMENf' I()()Q Liunnwge Loop #3d,Vail,Colorado,6J6s7 phone(no)4J6-9218 Michael Mollica Assistant Director of Community Development Department of Community Development Town of Vail 75 South Frontage Road Vail Colorado 81657 Re:Carney Project Dear Michael, ~w JUN l:l 19"5 Tov.r~MM DFV,DEPT Per our conversation of last week I am asking for the towns position on granting access across town property to the above parcel.See attached vicinity map.Our intention is to ask the Potato Patch project for access across their property,but first we want to make sure that all options with the Town of Vail have been explored.Thank you very much for your time with this matter.If I can be of any assistance please 0 not hesitate to call. 75 SOllth Frontage Road Vail,Colorado 81657 303-479-21 38/479-2139 FAX 303-479-2452 September 13,1993 ••fiLE COpy Departllle/1t o/Communiry Developmem Mr,Jack Aeutzel Deutsch,Spillane &Reutzel,P.C. 7730 East Belleview Avenue Suite 206 Englewood,CO 80111 Ref:Request for Easement to Mr.Carnie's Property Dear Mr.Reutzel; The Town of Vail staff has carefully reviewed your request for an access easement to Mr. Carnie's property located adjacent to the Potato Patch Club.Staff can not recommend approval to the Town Council of an easement to the property over Town of Vail Land for the following reasons: 1)Preserving open lands is a priority in the Town and it is not in the best interests of the Town to allow access easements in open lands for private roads. 2)The Weslern access alternative would enter from the Frontage Aoad through the Sandstone Tot Lot where young children play.An access through this area is not compatible for obvious safety reasons and because of the direct impact to this recreational area for young children. 3)The eastern access alternative from the Frontage Road would be directly west of the Aed Sandstone Elementary School and adjacentlo the Pedeslrian Bridge.This area is used as a recreational area for the school and the community.Children use the pedestrian bridge to access the school.A road here would again present an unacceptable safety risk and be incompatible with current land use on the site. 4)Other alternatives exist besides accessing on Town of Vail Property from the Frontage Rd.that would not impact zoned open lands or present a safety risk to young children using the Tot Lot or the Elementary School. ,•• For the above stated reasons the Town of Vail staff can not recommend approval of your clients request to the Town Council.However.you still have the right to present your request to the Town Council.Please contact me if you have any further questions. Sincerely, c.c.Vail Town Council Larry Grafe! Tom Moorhead 303694383J.DSR 224 P(2IJ.AUG 04'93 16:31 ..! •••DliUTSCH,SPIIl.i\NE &REurzEL,P.c. "~A.-.o~AT1N'I 7J)01!AST IIitUVtIW "VBNtJJ.un",,, ~.(lCIl.ClJlA,OO '0111 OGllfH-ltcl UUlfA»OilSl~ FAX TRAliSXISSION =:_-,,1_--".1"--4'-'--"'3-::::...-_ TO!D.D. AT FAX RO.I.f 1 j ~2.1 'f7 FROM;~<.lQ,J~3-'«..."Q","..._ AT FAX NO.(303)694-3831 NmmKk OF PAGES BBING SKNT:,_---,ir-__ (DlCIDmlfG =PAGE) A hard copy "111 fol1""hy; ___overniqht deJ.1vexy ~KUl Courier, A hard copy will not tollow • Xf you do not:receive all the ~e pages, please call (303)694-1982. 21t?7-C1 (;."7 '·00- oo:il- The information contained in this tacsimil~~eBsage is attorney- privileged and confidential intorma~ion,intended only for the Use ot the individual or entity named ahove.It you are the intended reQipien~,you are hereby uotitied that any dissemin~t1on, distribut10n or copy of this c01IllIlunication is strictly prohibited. If you ha.ve received this cODIllUDicatlon in errorI please imnediatel.y notify us by telsphone and return the oriqinal Dsssag" to UI5 at the above a<1dress via the u.s.Postal.service.Thank you. .. ro:VAIL roWN COUNCIL FROM: RE: DA'1'1!: JACK E.:REtrrZEL,ATTOilNBY REQUEST FOR EASEIIENT AUcroST 3,1993 FORJACX~ SUmD.ary gt Request Jack ca.rnie is the owner in t'ee.of ap~roximat.1Y 1.:l acres of property zoned Resid.ential cluster Distribt,located in thQ Town o:t Vail,Col.orado (see attached map).The property currently has no accet:B to a pUb1ic or private street.alth;ouqb buDediat.ely adjacent to the Potato Patch Club development.Adjacent:t.o the property on the SloUth and east is property owned by the Town o~Vul.We rQSp.ctt'u1~r request the 'l'cnm ~an easement :tor accaaa purpOSQS to Hr.Carn .'s land over its property. Justification Kt".Carnie'I)property was onCe part of a larqer traot of land owned by Hr.John HeA.l.11ster.In 1966,Hr.MCCormick deeded approx1mately 1.3 acres to Jaok carnie and at the time,qrAnted him. a right to aocess the property t.hrouqb tha rella 1nder of hi. property now known a.l>otato Pa.tch Club.TJle riqbt ot"access vas to be :tormalizad.a1:the t.ime of the-d.evelopment ot'the Potato Patch Club.project. such :tormalizatfon nevel:'occurred and.un1f11 rocently tner.has not been the desire to ideni:lty aome permaneht aocess to the site. Discussions with the Po1:ato Patch Clui>homeowners asSOCiation reg-ard1.nq the fonoal.ization of the easuent promised I<r.earn1.. have been unsuccessfUl to date and Hr.Ca.;nie nov wishes to explore his other options to qain Gcc:e::JtJ to his prcparl:y.Aceasu::froD the we8't.and extreme north is .iJD.poasible due to thQ savere slope o~the surrounding property.Access froll Potato'Patch Club is c1early ths best,JlOst efficient and moat dcsirGble but adequate accesa might be achieved th=ugh the city owned ground to the east by 8Xt""ding a privata road trom.the !rontage road over the city property to the Carnie Property.The current zoning of the City property allow.. for uses sUch as roads and it is well establiShed that C010rado lllw requires reasonable access to all real property. "•DmrrscH,SPILLANE &:RIitmm.,P.e. H"el1orandUll to Vail Town counoil August 3,1993 Paq.Two •FR.Ei 04'93 16:32 , . Kr.carnie desires to explore all potenUal acces.points 'to his property in hopes o-r rGSolving tho aocaas Jla:t1:er maicably..We desire sODa direct-ion ~Council rQ9'ardinq aocess to Hr..Carnie's property through ~"Citoy..property. JER:ji • RED EL • AUG.B4"93 16:33 , •·3 1'.5.'1 4•756'.- ®.. • SANOY LANE -:.;~::.. r.··.·.:. ,.....:.j".,'... .. I .:746 B!:-K.I 33 76.5 .' :,l .......';0...,-__RED '.. Sfd'lOSJQNE ROAD . 3036943831 OSR """TAAq~. • '. 303694383:1 DSR•224 P01•F1UG 04'93 16:31 DIiUTSCH,SPILLANE &:REurzEt,P.C• ...nce..~A.'ItI c:a.u;a.LOlt5AI!.<IJ't T1JIJv.sT I&UVtIWAVlil'o'tIJ """""~.QOLOIlADOIlIIII Ol:ll6t+nll iiU!i.ueom~ 'FAX TRANSMISSIOn I'"M j'l':~". =:_.£./.::..-.Li.t~-:....j~3--==--_ D.D. AT PAX NO.'-t 7 '1 ~2./")7 FROM:~<.y.z.M........13~Jl6.,;;--_ AT PAX No.(J03)694-3831 NmmKR OF PAGES B.BJ]{G SKNT:__i/-__ (D<CLUDIlfG THIS PAGE) A hard "opy "111.fOU""by: ___Overnight da1ivexy -4-Hail. ___Courier, A hard copy will not follow • r:f you do not receive all.the above pages J pl.ease caJ.l.(303)694-l.992. Ie '6o The infon\ation contained in this facsimile messag'e is attorney- privileged and confidential infor.cation,intended only ~or the U~e ot the individual or entity oaned above.If you are the intended reoipient,you arB hereby notified that any dissemin~tlon, distribution or copy of t.hil!5 conmunicfttlon is strictly prohibited. It you hc.ve received this communication in error,please iDmediatel.y notify u.by teJ.ephone and return the orig:lnal message to UlS at the above address via the t:r .S.Posta1 service.Thank.you. •••DIll1I'SCH,SPIU.ANIl &REutzm.,P.e. An'OtNE1lIA.'lD~.utA.W 7l'J01Mt IlElavn;w A TIi'«.l5.•,m... GIiCl.BWlXlO,ca.0&6D063'l1t........... ttu<rA;(:(D)0WlJ1 IWlOBANDYM •3036943831 DSR TO'VAIL '!'OWN COIlNCIL 224 P02 RUG 1214-93 .16:32 FROM: RE: DATE: JACK E.REUTZeL,ATTORNEY REQUEST FOR EASEMENT AUGUST 3,1993 FORJACK~ sUmmary of Request Jack carnie is the owner in tee of approximat.elY 1.3 acres o~ property zoned Residentia1 Cluster oistribt,located in the Town at Vail,colorado (see attached map).The property currently has no access to a pUblic or private street alth;ouqb immediately adjacent to the Potato Pa.tch Club development.Acijacent.to the property on the south and east 1s property owned by the Town of V~il.We rQlii:pQctfUl.ly request the 'l'own grant an easement for access purposes to Mr.carnie's land over its property. Justification Mr..Carnie's property was onCQ part of a larger tract of land owned by Mr.John McAllister.In 1966,Hr.McCormick deeded approximately ~.3 acres to Jack carnie and at the time,qranted him. a right.'to access the property throuqh the remainder or his property now known as Pota.to Pa.tCh Club.'!"he riqht o~access was to be tOr1Ualized at the t.ime ot the development or the Potato Patch Club.project. Such tormalizatfon never ocourred.and.unt.il racQntly there has not been the deeir&to identify some permaneht access to the site., Discussions with the Po-cato Patch Clup homeowners association reqardinq the fo:z:::malization of the QasQllent promised Hr.carn1.e have been unsuccessful 1:.0 date and Hr.Ca.,"'nie now wishQS to explore his other options to gllin o.CC830 t.o his property.Access;::from t:he west and extreme north is impossible due to the severe slope o.t the surrounding property.Access frcm Potato:Patch Club i:.clearly the best,most e.tticient and most deeirable but adequat.e access might be achieved through the city owned ground to the east by extending a privata.road from.the rronta.ge road.over the city property to the carnie property.The current zoning of the cit.y property allows ;t'or uses sUCh as roads and it 1s well established that Colorado law requires reasonable access to all real property. .,..3036943831 DSR•224 P03 ~UG 04'93 16:32 DElJISCH,SPlLLANIl &:RrornlL,P.c. Memorandum to Vail Town Counoil August 3,1993 Page Two Mr.carnie desires to explore all potential access points to his property in hope3 of reso~vinq the aCCBe:s :matter a:dc:ahly.We desire some diroct.lon frc::nI.Council reqarding access 1:.0 Hr..Carnie's property through the Citoy'Ii;property. JER:ji • RED EL • OVERPA PEDEST., RUG 04'93 i6:33 SON VAiL " •,3 ~4 7 ,,•',' ®"•..' SANOY LANE /_.~./1 VAl.... o' .''".".. I .:746 B!:K.I ..'.;'~.','..".~.."...'"~¥-..:.'•....:'..~i::.'!:'.e.._,~.;....:-.w •,'. :.:.;(:ec.~;.,~._;;}";~'j . ...,;(.':"''~<,"",.,,:'",',.:.iORTI...~."..n ','-,".:~••:",':"~tiRKJNG,... VAl "lbNSH ,I 4th'.F~ ENZIAN ~~- '-:w·"• .'.' '.....7"..:;..,.... ~6","748.':..~':.:. 33 76~ " .. '..'.. ~,--__RED ". SANOS'jWIE,ROAD 303694383:1,DSRTRAq:- 3036943831 DSR•372 P01•AUG 30'93 1.a:19 DATB~I"",5"""D _ ro:-Xu ~CLJD"-'Yt't""S....,t"'--_'_ AT·PAX NO._ nlOM,_"'-,JAct.,...ih~~------------- AT FAX NO.(303)6g4-3831 NlllIIIKR OP PAGES Bli:DlG SERT:~ (DlCUlDDlG TIrnI PMIll A ham oopy will follow by: ___ovexn1ght delivery __Jrall ___courier A hard ClOPY wUl.Il\Il;follow'-_ r.f you do Dot receive all the above pag-es. pl.ease cal1 (303)694-1982 • . ~e in'for1lation contained in this racsbdle ••ssage ia a'ttorney- priv1189ed and conridentlal inforl1a:t1on,intendad only for the use of the imividlla1 or entity named above.r.r you are the intended recipient,yod are hereby notified that any dissemination, distribution or copy of tnb communic;:ation is striotl.y prohibited. if you have rea.iv-ad this communioation in error,please immediate1y notify us by tel.ephon..and return the oriqinal messaqa to us at the ~e address via the u.s.Postal Service.Thank you. 3036943831 DSR 372 P12I2••DEuTscH,SPIU.ANE &RwrzEL,P.e. AJ1t8HI'I5AM)~ATv.w rnolMfllllUVlt"AVIlNUII"""'..UCiLK'o'I'tXD.CD.01WlOIOIII .',*,It82 11lDAXlOOSl~ Auqust 30,1993 Hr.RusaQll Forrest Senior Environmental Planner 'town of Vail 75 South Frontage Road Vail,co 81657 Re:Carnie Hapa Dear Russell: AUG 30'93 14:19 VIA TIlLEYAX :In oonnection with our conversation of Auguat 11,1993, enclosed please find photooopi••of portions ot 'two Maps.The first map is a two-foot topo map showing Mr.Carnie's property in relation to the Potato Patch Club Cond9minium AIIsociation and the townhomes directly to the south.Hr.Carnie '8 property has been shadQd tor your review. The ggeond Map is a portion ot a map depictlnq Mr.carnie's property in relation to a twenty and thirty foot.utility easenent that biaecta the property owned by the Town ot Vall.It is our thouqht tbat the easement.may be used tor aocess purposes as well, a1though the slope may exceed 8'in some loca.tfon8. It you have any questions regarding the content:of these maps ploaee don't hesitate to call ma at the number listed above.AS we diBcu~G"d by tsl"phone,it would b"preferable if ,IE,could reschedule thia matter for the Town Council work shop sometime after SepbemhQr 8,1993. Very truly yours, JER:j1 &REUTZEL,P.C. P12I3 AUG 3l21' ....• ... 3036943831 DSR '",.372 PI2I4 --.;..... ."o;~·.i f~;I··'•.•.." .-" TOWN OF VAlL •• 75 South Fronzage Road Vai~CowradJ>81657 303--479-2107/FAX 303--479-2157 August 25,1993 Mr.Jack E.Reutzel,Attorney Deutsch,Spillane &Reutzel,P.C. 7730 East Belleview Avenue,Suite 206 Englewood,CO 80111 RE:Request for Easement Dear Mr.Reutzel: Office a/Town Attorney I have reviewed your memorandum to the Vail Town Council dated August 3,1993. In your request that the Town grant an easement for access purposes you make reference to established Colorado law requiring reasonable access to all real property.If you have legal authority that you maintain requires the Town to take the requested action,I would appreciate the opportunity to review that material.If you provide the statutory or case references that establish that position,I will review such authC?rity and discuss the same with you. If you have any questions or comments,please feel free to contact me directly. F~L R.Thomas Moorhead Town Attorney RTMIdd xc:Russell Forrest •f'3036943831 DSR•224 Pl2l:J.•RUG 04'93 16:31 DClITSCH,SPlU.ANE &REuTzEL,P.e. Al'1O!Ilm'5 A..'ffJ alU6Il.LOltS ,,1 LoXmov.sr1SlUmW AW!'o'UJ ""'''''~.~I:XII o,:","""a TU2i'),)Cl ='M-:m PAX TWg!SKISSrmr DATE:_..11!c.::-.....l=-_4'L3-=-_ AT PAX HO.I.f 7 '1 ~2.1 ~7 FROM:~Gt.J<.~"""-'~33-',,,,,,,Q,,,,"",_ AT FAX No.(303)694-3831. NUHl3RR OF PAGES BRlJfG SENT :__...,i-f,-__ (INCIDllIlfG =S PAGE), A hard copy '01111 folloW by: overnight deJ.ivery ~Kll.n Courier, A hard copy will not foUov,, If you do not:receive all the clxJve pages, please call (303)694-19B2. ,.'G• Tha info~ation contained in this ~ac3inile ~essage i5 ~t:torney privileged.ar.d c:on~idential intor:tlation,intended only tor the Use ot the individual or entity naned abOve.:If you are the intended reoipient,you axe hereby notitied that any dissemination, distribution or copy of thi:s ccmmunication is strictly prohibited. If you hAve received this communication in error,please i..mmediately notify us by telephone and return the original 1II.e.ssag'9 to U:J a.t the c.bove address vlQ.the O.S.Postal.service.Thank you. •••DIilJTSQf,SPILLANE &RwlzEr.,P.e. Al'lDJINnfA'lfJ~Al"V.W mtt.o.5rlilU'ltDY ATJil'IIt!X.·'m".QiC4"""'OOQ.OXOlAlXll10111""'.......tEU7J.Je CJlm4oW.:ll:Jl IWlORMDllM ,. TO,VAIL TOWN COllNcrL ~4 F12I2 !=lUG 1214'93 1.5=32 PROM: RE, DATE: JACK E.REt1TZEL,JU'TORNEY REQUEST FOR EASEMENT AUGUST J,~993 FOR JACK CAllNJ:~ SUtroDary ot ReQUest Jack carn.!e is the owner in tee of ap.~roxitta't:ely 1.3 ac=es of property zoned Rasidentio.1 Cluster Di3tribt,located in tha TOlin of V~11t colorado (see attached map).The property currantly haG no access to a pUblic or priv~te street althpuqh immediately adjacent to the Potato patch club development.Adjacent to the property on the south and east is property owned by the.Town of Vail.We raspectfully request the Town grant an e;:.sement tor access purposes to Mr.carnie r B l.and over its proparty. Justification Hr.Carnie 1 s property was once.part of a larger tract of land owned by Mr.John McAllister.In 1966,Mr.McCo.r:llc..'c.deeded approxi::ately ~.3 acres to Jack carnie and at the tilJ1e,granted him. a right 'to access the property thl:'oUg'h the.remainder of bis propert.y noW'known <16 Potato Patch Club.The right at:access vas t.o be fOrQ811zed at the.tua of the devQlop.::Il.e.nt ot:the Pot.ato Patch cluo.project. Such tormalizat.fon never occurred and unti~recently there has not been the desire.to identify soma pe.rmanaht access to tlle ~ite. Discussions with the Potato Patch Club homeowners association reqarcling the for:malizaticn of the easG%1ant promised Mr.carnJ.e have been unsuccessful to date and Hr.Ca;nie now wishes to axplor2 his other options to gain access -:c his proPQrty.Access.:from the west and extreme north is u.possible <iue ~o tbe sever~slope or the surrounding property.Access from Potato:Patch Club ~s clee.rly the best,most e~ricient end mo~t dC9irabla but adequate aCCQQS might be achieved through the city owned ground to the east by extendinq a privata road trom the f;ront~qe road over the City property to the carnie proparty.The current zoninq of the city prooerty allows tor uses such as roads and it is WPll established tha.t Colorado law requires raasonab1e access to a11 real property.~ 312136943831 OSR•DE.tJISCH,SPlLLANB &REurzBl.,P.c. HeIIlorandum to Vail.Town Council Auqust 3,1993 PD.ge Two 224 P03•!=lUG 1214'93 1.6:32 . Mr.carnie desires to explora al~potenUal acce155 points to his property in hope3 or rasolvinq the acceas JIlatter lmicahly.We de:sire SOIle direction fr~Council r~ard.ing access to Hr.Carnie's property through the city r c property. =:ji • RED EL • OVERPA PEDEST ,-, " SUN VAil' " ,..' r-.'••.''...,.. ';'j'"..''" I'::''fI'r;;)p-;~/--v/ ., !~~~./f \(~\1.- • I ,748 6j:.K." .,;.... ,",-:'.,''1.'• .......;~:l\'''l'..).!-:,;' ~"~41!;' l;:~:T ..';':;,;.:,...\ / OR: ,,'., .....-. ..~..:...'... .. PHASE :'IV ".......:"",":)'.'.,..~.'.'.'..'",t.'0.•...'\.~.:••:. ~::-:;....-:,~.......".'...:..~:.~.::.:..:.•.. '.. ~,' '.. ..TRACT D' ..' "~;....",.RED .. SANOSTONE.'RDAo. ", ~, ,...' "I-~.-:-""""";---,". ~,.... ,lY',,";.'; "','!'i.':":2 ,.89T'"a9~ •• ,".,4_-l,, ~ (- "\"(..... t "~."C·•• OJ '"~ >I I\' ., 0 !\=\I ~ -f ~')' '"'t.....c':V1'tJ ~; ?d '"-'~! £ ?'~I0.-~~'t \'~I .:I l •;I..lL.<> ~, f'~\ r !~-,--~I~ ,-~cr~~ :;::;:~s·~ ~,.y'I/(ct~ \0-I '-'0 ~r P' \••, I '. \ , \ \ \ " '. \.Q \, \ (,'")", \ ~,. "(".,'\:;' !I\ .-, I,I i, / 'I " ..- II ,./,'----\I \H -- ---- --"\:...t ,f',? :~ I I:t:',. e:: I"I: ~ , I, !,, i I, • TRt£ ~n. TRACT 0 • VAN1.AGE Z liN T ""-A. VAll "" INTERS noI. POly',06 VAil ,L~'1st. "". 500 VAIL 21LJF"THOUSE '2/('", rONSH[ ReADE 531 1 WEST- WINOS '" TRACT C '0Tn • TRACT A LION'S SQUABI LOOGE- , '" .• • REO SANDSTONE ELEMENTARY •"1 • PfDESTBI. OVERPASS ® NORTH DAY I CI) PARKING L.OT _I L L PRInQ.--- ~~sxrE".8R11 -MONTANERQS... l\'LK)i;?REi\635 ANTLERS , ~ANl! __<.,;.,111 A "~:?TT ~ 114 ~-G)t ". TRACT 8 34 '" -.......~lillJ ,". elK.I 6 )).7n6.7'19 PHASE ][ 33 '" ,.,,,,, PHASE IV TRACT 0 CD POTATO TRJ.CT A ~...~NO$rottE ROAD ~ "-~----------=-<"'<('I I'--------~,-, ,~ VAil ASSOC MAINT.SHOP... (f). "'f-~WWZW- :I:..J (f):>; w --~ilKLr 8 ARCEL A ':E SHEET 5 .3: ;1:0 <Xl'" Ii a: l ~~ ,t-'¥J , ,'• 6 ,.,., I ,., .........z .. ::l,",Z ~~ .-::--':-..c ...--_~-",:,::'-.• N <F VAIL BOUN ARY [AGIo(V,lLL[Y f:Nl"~H~nING !lo SllRVE11H1;INC. .......L COl.DlI4.110 4N-417) TOWN WHITE RIVER NATIONAL FOREST, .. WHITE RIV VAl TATO fIITC SECOND FILING • .' ·.'.FINAL PLAT POTATO PATCH CREEK JOB No,15 EXHIBIT '3C DRAWN BY:San Zoning Administrator Town of Vail,Coloradu the Town of Vail Zoning ZONING ADMINISTRATOR CERTIfiCATE This final plat was approved by Administrator this dcy of A.D.19 . AITEST: Town Clerk Town of Vail,Colorado This Plat was filed for reco'd in the Office of the :Ierk and Recorder at ______o'clock ,on this day of ,A.D., 19 ,and is duly recorded ir Book ,Page No.. CLE~K AND RECORDER'S CERTIFICATE Clerk and Recorder By:_ Deputy CERTIFICATE OF TAXES PAID I,the undersigned,do hereby certify th'Jt the entire amount of taxes and assessments due and payable cs of _ upo,01 parcels of real estate described on this plat are paid in full. Doted this ....day of ,A.D.,19 . -------------------------Treasurer of Eagle Coudy I,Samuel H.Ecker,do hereby certify that I OM a Registered Land Surveyor licensed ';nder the lows of the State of Colorado,that this plot IS true,correct and complete plat of "Potato Patch Creek", os laid out,platted,dedicated and shown hereon,that such plat wcs made from un accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots,easements and streets of said subdivision as the same are stoked upo,the ground in compliance with applicable regulatio,s governing the subdivision of land.In witness whereof,I have set my nonc and seal this day of ,A.D.,19 . SURVEYOR'S CERTIFICATE TITLE CERTIFICATE 'ree and clear of all liens,taxes and encumbrances,except as follows: doted this cay of ,A.D.,19 . ______________.does hereby certify thot I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested ir Agent -------------------------Samuel -I.Ecker Colorado P.L.S.No.30091 ----------------------------------------------------------- ----------------------------------------------------------- ADDRESS.2920 Manrs Rand'Rood Vail,CO 81657 ADDRESS 292!O Manl"s Rand'Road Vail"CO 81657 Notary Public SS SS Notary Public The 'oregoing Certificate of Dedication and Ownership was acknowledged before me this day of .,A.D.,19 ._,by Joan T.Carnic. Witness my hand and official seal. My commission eKpires Witness my hand and official seal. The 'oregoing C ~rtificate of Dedication and Ownership was;acknowledged bef'Jre me this day of ,A.D.,19 ,by John A.Carnie. STATE OF .) COUNlY OF ) My commission expires OWNER:_ Joan T.Carnk STATE OF ) COUNlY OF ) OWNER._ John A.Cornie EXECUTED this day of ,A.D.,19 . A tract of land in the Southwest Quarter of Section 6,Township 5 South, Range 80 West of the 6th P.M,more particularly described as follows: Beginning at a point on the Southeasterly bourdory of that tractt of land described in deed recorded in Book 126 at Page 583 from whic:h point lhe Southwest corner of said Section 6 bears Souh 22'52'We,t a <distance of 1,059.19 feet;thence North 62'31'East 101.94 fee;along thle Southeasterly boundary 0'the tract desc'ibed in Book 126 at Page 583;thenlce North 5 T 10'East 79.0 feet along the Southeasterly beundary of'the tract described in Book 126 al Page 583;thence North 16'34'East ~03.3 feet along t'"le Easterly boundary of the tract described in Book 126 at Page 583; thence North 14'54'East 228.32 feet along the Easterly boundalry of the Tract described in Beak 126 at Page 583;thence South 34'08'East 162.45 feet; thence Sou:h 0'05'East 274.58 feet to a paint;thence South 819'55'West 336.55 feet,more or less,to :he True Point of Beginning,Eagle County,Colorado. (per the deed recorded November 2,1995 in Book 679 at Page 980,Reception No.575990). containing ..37 acres more or less:have by these presents laid out,plotted and subdivided the some inlo lets and blocks as shown on this finoll plat under the nome and style of "Potato Patch Creek", a subdivision in the Town of Vail,County of Eagle;and does helreby accep:the responsibility for the completion of required improvements;and does hereby dledicote and set apart all of the publiC'roads and other public ·mprove,...,ents and places as shown on the accompanying plot to the use of the public forever;and does here:>y dedicate those portions of said rea property which ore indicated as easements on the accampanyi'g plat as easements for the pJrpose shown herein;and does hereby grant the right to install and maintain necessary structures to tlhe entity responsible for providing the services for which the easements are estoblish.ed. CERTIFICATE OF DEDICATION AND OWNERSHIP Know aI men by these presents that John A.Carnie and Joan T.Cornie being sole owners in fee simple,mortgagee or lienholder of all that real property situated in the Town of Vai,Eagle County,Colorado described as follows: V~L/POTATO PATCH TRACT C V~L/POTATO PATCH SECOND FILING "-SF T PIN 6<CAP L S No.~OC91 \._FOUND PIN &.CAP LS No 26598 4.99' (/)~ OVl 0°d~(1IU>g,..; •I rrlN...., :f> ~- :>J fT1 -+....-15.00· LOT :3 USE \ \I \1 I~ L4i I 30.00'j I~ I I: I: I THREE RESIDENTIAL UNITS TWO RESIDENnAL UNITS COMMON PARCEL,ACCESS &UTILITIES -- A PART OF SECTION 6,TOWNSHIP 5 SOUTH,RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN TOWN OF VAIL,COUNTY OF EAGLE,STATE OF COLORADO BUILDING I SETBACK ~'jL... LOT 4 AORESS I ! •/ D 74 ACRES TRACT A l' \/\ \/'\}.0 IV \ \\ /\\\ \ \\ \,~- fOUND p~\&CAP II' I L S No 14362 -.,1 (S1,y16·W.,2'I ~OU COPNeR)I / / s)PEAK LAND SURV£'I'1NC.INC.DID NOT CONDUCT A TITLE SEARCH OF THE SUBJECT PROPERTY.OR AOJOlNERS,TO DETERMINE OWNERSHIP.EASEMENTS OF RECORD OR ENCUMBRANCES.RECORD INFORMATION UTI.IZED IN THE PREPARATION Of lHIS fiNAl.PLAT PROVIDED BY STEWART TITLE GUAAANTY co. ORDER No.99016268,DATED JULY 01.'999 AT 7:45 A.M. 10)NOTICE:ACCORDING TO COLORAOO LAlli YOU ~UST COMUENCE ANY LEGAL.ACTION B.&SEO UPON Jom DEF'ECl IN THIS SL.RVEY WITHIN THREE YEARS AF1 ER you f RST DISCOVER SUCH DEfECT.IN NO EVENT.MAY A~ACTION IUSED UPON ANY DEfECT IN THIS SURVET BE COMMENCED lAORE HAN TEN YEARS fROM THE D~TE OF CERTIfiCATION SHOWN HEREON. 6)THE "UTlUT'I'EASEMENT'SHOWN HEREON DOE:S NOT AlPPEAR TO BE BASED UPON A LEGALLY RECORDED DOCUMENT.THE LOCATION SHOWN HEREON IS APPRO~IIoIATE AS IT IS SHOWN ON "HE P.)IT OF VAIL/POTATO P"TCH SECOND flUNG.NO RECORD DOCUMENT WAS ~OUND TO SUBSTN-ITIATE ITS EKISTE1olCE. GENERAL NOTES: 1)OAT"Of SURv(Y:SEPTEMBER.1999. 2)BEARINGS BASED ON THE ,INE CONNECTING THE 1o40NUMENT fOUND MARKING THE SOUTHWESTERLY CORNER Of POTATO PATCH CREEK AND THE SOUTHWEST CORNER Of SECTI:>N 6.TOWNSHIP 5 SOUTH.RANGE 60 WEST Of THE SIKTH PRINCIPAL MERIDIAN,BEING S22'52'W (SEE DRAWING). 3)THE SOLE PURPOSE Of THIS PLAT IS TO CREATE TRACTS A,BAND C AS SHaWl>HEREON. 4)THE THREE (3)TRACTS CREATED BY THIS PLAT SHALL BE CONSIDERED ONE PARCEL fOR ZONING PURPOSES. 5)ALL STRUCTURES OR OBSTRUCTIONS MUST t.IAINTAlN A IoIINIMLM DtSTANCE Of fIVE fEET fROM THE EDGE Of THE IMIN DRIVEWAY. 6)POTATO PATCH CREEK IS SUBJECT TO TERMS,CONDlTlO~S, RESERVATIONS.RESTRICTPONS AND OBLIGATIONS AS CONTAINED IN PROTECTIVE COVENANTS RECORDED ~CH 3.1965 IN BOOK 187 AT PAGE 7. 7)POlATO PATCH CREEK IS SUBJECT TO Pi>OT;:CTlVE COVENANTS fOR POTATO PATCH CREEK RECOROCD AT RECEPTION Nn AREA /"--.BUILDINGISETBACK, / / I I C'l. 0.74 ACRES 0..39 ACRES 0.24 ACRES FOUND PIN &CAP -----.J. L S.No.26598 TRACT A TRACT 8 TRACT C LAND USE SUMMARY PARCEL '),ri.TRACT B 'O~.039 "CRES j .~,- ,(§>lS~1·_")~-------+-- ...70 POTAro PArCH CRNE S89'55'OO·W -336,55' (S89'55'W -3.36.55',REC.) PARCEL TWO SECOND SUPPLEMENTAL MAP TO POTATO PATCH CLUB CONDOMINIUMS FOUNC'?/N &.r..AP L S.No.1659B VICINI TY MAP C6 FOUI\D PIN LS.No. / / ~SJ8JECT~m VAIL/POTATO PATCH TRACT C --;;2 0:>: T_SKlP 5 SOUTH FOUND PIN L.S.No. / / / /POTATO PATCH CLUe CONDOMINIUMS / --I SW COR SEC.6.T5 S, R BO W,6th P.M. llATTEIlHORN C"ICU LINE TABLE L1 8.39'S47'08'38"( L3 30.00'~00'35'33"E L2 50.14'N70'40'51"E L4 34.99'S89'2 L '27"E L5 30.00'!o,jOO'35'33"E LINE LENGTH BEARING TOWN Of V...,L BOUNCWlY L6 50.14'N70'40'~.1"EI-----"L~7--+-......:::1.::.9:...;..1-""-+-'-'S'-'-4'::'7'0 8'38"E (IJ(FEn ) 1 Inch ...0 ft. GRAPHIC SCALE $lC.2 $lC.I SEC.1112 'CO<!lion"IlldvO IMp.s.if.J-8.VoiI,00 81&51 (870)416-/1644 , ~ ~<n-<n..,. a:; 0 Di 0 0-0 ~ .~ '-"- or>,. '0...ra ~ .R.... ".- ~ 'C,.- 10'-~b Q. ".- ~.~:t . .~'j ." .,.... ,. , ,, .", .- ;.',. ~'.-' .,.,., :'\.,";.., ,.. :;',.'.,\ ". 1. CURVE TABLE ...CURVE RADIUS DELTA LENGTH TANGENT CHORD BEARING Cl 15.00'75i 6'22"19.71'11.57'18.32'S84'46'49"E, C2 165.00'13'05'51"37.72'18.94'37,64'S64'07'56"W C3 60.00'70'05'18"73.40'4-2.08'68.90'N35'38'12"E C4 90.00'70'05'18"110.09'63.12'103.36'N35'.38'12"E C5 13500'13'05'51·30.86'15.50'30.79'S64'07'56"W C6 45.00'75'16'22"59.12'34.70'54.96'S84'46'49"E '. ,t );~:,.-1000'., ·,., •• ,. .•. ":/..'-,1..,~:~".·. " '. I '. Mt ·fit,....:~., ~.."..t.: ,'.15 15-srl't 9/29/99,., ,., .. "':~!,~j .'!:h\.',",-,"',j...'.......,. t., ..~...'• ~ W W Ck:: U oo:t',«Ck::-U O.:;~ 1---1«0o..U.. --I-0«'t-->.\:~ « 1-'o 0.. .. ., .. ;......~, •"",~\.'". ,,!•.,'~ "'~.' :..;::::. , i' ." '. .'.. .....-CD-:r: Xw o«o ~ "'.Z-Z Wo-~ REVISIONS: --. UNI DESIGNED:, DRA~: ~~1 REVlEYlrO: PLC .JOB#:- DWG f: DATE: .;'..'~ 13 12 UNIT UNIT -- 11UNIT I l -CCE12 /'"----~-"' / / / / I / / ~- UNIT 10 TENNIS COURT UNIT 9 • -- .,' INiT.8. •INIS COURT TWO PA~ PARKING ". '.~'..' " L__---=-...L. • • 20' ,, EXHIBIT j 31 .-~UNIT ,"<•" ''''K SCALE:1"- ", " '..,.'..../.;". .~\i·-::,' '..... .~.. 0: -,---.. " EXlSllNG C£NTER UNE '.,,. .~...•' I..l, '.' ". '.• - PHONE - ," - UNIT 6 SHADED AREAS INDICATE AREA Of PROPOSED PAVEI.lENT 'MOENING TENNIS COURT '. ,.., LCE 5 PROPOSED RELOCATED tJAlLBOXES /FENCE (TYPICAL) \ -- ., ".... .' .." '.'. '.J •,oJ.".~": ••-- ... ,. \ '\---OFPWWEDE~IVE~--- I I ".., I I I ...:~--. '..,: LCE 3/ 1~----~IL~~~~=1~;:~EXiSllNG EDGEjOfASPHALT ~ • ,'t i.\;:-. ~.,I. ,/ / /" \ \ \ .' - / ~..,••••.. ., , ':'.r •I ",',~:.. ,. ~.. r \ ~-.-.-+-~\- ,@ SEWER loW/HOLE RIM ELEV.-6226.6' •• .' W,-,·;"· ."'.''.'.{'... '.~~,-\ ;"',f:'.. ",. -,..:' '.'. .', "' ,.' ..' ,I ". ....,~ .., .\; ....) ~~~ ..I •.~... 'f ,.....- UNIT 2. / " 'J .\ I I. l. I I l.. j,.... ,.:;'.:·.'U·N·IT "1 '....:".'". ". i ,. :",o';~.;.:.: .'.:"'.~,(.",.'....~. ., 'p ',' ,.......; .'. " ". "' •r.~.' / / .~:, .·f·."@) ,'/. / ..~...,. .\..,..'. I , I ~. " .' ••I. .'-. p' ....I. ,:.' '. ,. .., .~'. Co.I.AANHOLE,''I' .:~.II 'I ' ;.1 .;. ......,,:., ,..' ...t. ••':I'~. .~'.'..:~' ..•>",I ;." '.1. ..:, ~',...'. ;"".:.. •:~.1..-.',;,',.'.......,\ .'"'~.'~ ',';!' , .'..... '"' .....,::.;:~:..;j .:~.>...'..~..'.. " ",It'.. ...'. '..' .-.'.'.,f, '.#.\ .'. ,,, .' ." " ...."~. ,. " :~.~:. ',' "••••J .",;o' .. .,.....~..':~:, .'. ,;"\',"'.......,,. ,,I ,~.\ ,'. "~'••~.~r'',.," " .'.' ... ,'.. r ~: ",. ,. ,1....,:". ,. ,'.' ., " ., ,' "", .,'. of .'....•• ':'::·f',';;.:.. ,. ,'..:. .'..;.~.~~" ,<,..'.~.~j'..",';.1 .', -...•':: -..;~~.. .'t-· ',' t.4T Ml : JE 15, 15-51'11:: 9/29/99 C1. .. --l .-0«~>« ~ CD 0... EXHIBIT W t--(/) z«--la.. REVISIONS: DESIGNED: DRAWN: REVIEWED: PLC JOBH: DWG (t; DATE: -.'--'-.-...._...-._---.- INDICATES AN EVERGREEN TREE WITH ITS APPROX,DIAMETER INDICATES A DECIDUOUS TREE WITH ITS APPROX.DIAMETER SCALE:1"-20' INDICATES AREAS IN EXCESS Of 40~SLOPE TOTAL AREA IN EXCESS OF 40%SLOPE =3630 Sq.Ft. TOTAL LOT ACREAGE =1.366 Ac.(59,500 Sq.Ft.) CATV PED SEWER MANHOLE-><:-RIM ELEV,-8229.7' -_:::...INVERT ELEV.-8218.1' ••, UTiUlY EASEMENT (APPROXIMATE,NOT FULLY DIMENSIONED ON PLAT) / (/) o I ~/ I O!. .flo. (]I ____ CD --~,~~~9~r~iRECli~(T'IP)~ '------"'--'\~ \"'- ~"'- ""SEWER MANHOLE -RIM ELEV.=8258.6' INVERT ELEV,=8252." , a ~UTIUTY/ '--__PROPOSED 1:t:sal.L.DER PED.----" SLOPE WALl (TYP) -c - ---ALl CltAOlKG ON Silt TO BE AT A SLOPE c:F 2:1 OR llET'IEfl--- I Y - \ -~----'.~--"-----'----'-7"'--"-'. RIM lrn~~rJ1H'--@ I INVERT ElEV.~8249.3' II 37 ..........~.. - -=d~~::,:·';"_-:::-~:34~:::--::::;;;~.'_-.......='----32:--.:1-- - -.'-T~-'-,.._-"., - UNIT 12 \~CE L 14 - - -~DRAINAGE 8~-- UNIT 11 -- 0,8 '-\]CE 11- / / I (--LCE 12--'./ / I I I I / - PROPOSED FIRE '---lRUCK lUflNING RADIUS .. '----S 2752''II -1059.111'---- ""f.!I!rt---FIRE TRUCK ",37')(9.33' --:::----- p~RETAININC WAU.('lYP.J 3O"--MOlL ,SW CORNER ·SEC.6 GRADE W/DRAIN HQl£S. --T W 8th P"--SruOS8 ppn:sm PORllONS"5,S.R 80,.....CTWN.J;-- ... .../.~)-..' '. ."... ..•..-'. -.'..' TENNIS COURT ',' " ..' ,:..0" ., j ••.~r ~.....,....~• ••.'t ,',....'..""j .1~~'•;.~....:',·'r·,.:\·:~i·;)~~,..''."';/.' .~";y.'~:.-!.:.,,,,,,.'.".":", :..•.•...-t';'Jf •·"'~~'l: ..~...:.1'.....:.........,...-..~,.-,"\~. ~...-..:"",.{'.. ..... ,"....-,r_ '.,:. " " ., ,, .'.' ,, .~ '"'...: .. TE IS COURT l,lJ..l SPI S'