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Home My WebLink AboutPhase III Original Docs 1991-1993, Projects 1997-1998TOWN OF VAIL 75 S. FRONTAGE ROADVAIL, CO 81657 97 0-47 9-2138 DEPARTMENT OF COMMUNITY DEVELOPMENT NOTE: THIS PERMIT MUST BE POSTED ON ADD/ALT SFR BUILD PERMIT JOBSITE AT ALL TIMES Permit #: 897-0239 Job Address Location. . . Parcel No..Project No. 1850 S FRONTAGE RD 1850 S FRONTAGE RD 2L03-r23-26-00B WEST Status. . ALPINEApplied. Issued.. Expires. I S SUED 07 /30 /7se7 APPLTCANT SoNDRUP SHEET METAL, INC. phone: 303-789-48703800 s. JAsoN STREET, ENGLEWOOD, CO 80110 coNTRACToR SONDRUP SHEET METAL, rNc. phone: 303-789-48703800 s. JASON STREET, ENGLEWOOD, CO 80110OWNER LOVE FAMILY LIMITED PARTNERSHIP .r-nrrr,.. B LYNN RD, ENGLEWOOD CO 801 10 d:l^.'^:.u-1L$rnnt. i)gv,, Description: -::::'l-up. Uel.rc,qit Refury REROOF FROM SHAKE TO METAL APF;T(]VEd ;driount RaOccupancy: R3 Single Farnily Residence -, ---"t --,lUL Type Consrrucrion: v N rype v llon-Rlred cate. (/--_, , /Zw6 Valuation: 8,500 Add Sq Ft: tirePtace Information: Restricted: #of Gas Appl,iances: fof Gas Logs: flOf ood/pal,tet: :*i:ih[*jgY *********************************************************** tEE SUt4 ARy *******************************************r(************** Bui l.di ng-----) Plan check---> Invest'i gat i on> tli Lt ca L l.----> 135.00 87 .75 .00 3.00 Restuarant Ptan Review- ) DRB fee-------- Recr€ation Fee----------> C Lean-Up Deposi t--------> .00 Tota I Catcutated Fees--->.00 Additionat Fees---------> .00 100.00 32' .75 .00 3?5 .75 325 .75 ****r**************i*******************]?lll*liii;;;;;;;;;;;ii*i**********iii;li-***llilIll-lli;;;;;;;;i**iii************i99*** Ite,m:,O51OO-BUILDING DEPARTMENT Dept: BUILDING Divisionl 97 /30/1927-crrenLie- -acEiiiiil Appn cuenlrE DAvigIrqu:'.0s400_PI,4'NNTNG pepenruiiut-- -'---'--- -"D"it: pLANNTNG Division: Q7 /30/\927-cHARLTE etEion: ADFn pnn rAr,s{rE-wtiiAM5tjii' -' - -* rt'em:'0s600_FIRE DEPARTMENT ____ -, - -----Depil- FIRE Division: 97 /30 /\227^CUABI_,IE-- Acrioii : AppR N/A 6ii\t't?B39o.fiHRl13 tRE[?"": AppR N/; Dept: PUB woRK Division: **ff***ff**t**********************tt*t***************t***************************************t********************fr********ff**** See Page 2 of this Document for any conditions that nay apply to this permit. DECLARATIONS r. hereby .ackno*tedge that I have read-this apptication/ f il,l.ed out in fult the information requi red, compteted an accurate plotp(an, and state that aLl the information provided as rlquired.is correct. r agfee to compl,y iith tire in?ormation and pl,ot ptan,to compl'y Hith att Town ordinances-and state [aws, and to buiLd this structure according io'the Town's zoninl ana subdivisioncodes, design review approved, Uniform Buiiding Code and other ordinances of the Town appl.icabLe thereto. Totat Permit Fee--------> Payments------- ICE FROI,I REQUESTS FOR INSPECTIOT{S SHALT BE HADE TIIENTY-FOUR HOURS IN ADVANCE BY TELEPHONE AT 479-?23A Send Ctean-Up Deposit To: SONDRUP SHEET EATAL CONTRACTOR FOR HII'ISELF Page 2***************************r,**************************************************** CONDITIONS Permit #. 897-0239 as of 07/30/97 Status---: ISSUED ************************************:l**********************************J.******** Permit Type: ADD/ALT SFR BUILD PERMITApplicant--: SONDRUP SHEET METAL, INC. 303-789-4870 Job Address: 1850 S FRONTAGE RD WESTLocation---: 1B5O S FRONTAGE RD AIJPINE CREEK #4Parcel No--: 2703-L23-26-008 Description: REROOF FROM SHAKE TO METAL Ll71- &t 117 A-r"spFcTta^[s Applied--: o7 /30/1997fssued---: To Expire: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COnditiOnS t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE.2. AI,L WORK MUST COMPLY WITH ].991 UBC CHAP 32 ****************************************************r.*********** TOWN OF VAIL, COI,ORADO Statemnt**************************************************************** Statemnt Number: REC-0306 Amount: Payment Method: CHECK Notation2 *3787 325 ,7s 07 /30/97 13:07Initr CD Permit No: Parcel No:Site Address: L,,ocation: Thie Payment Account Code 01 0000 41310 01 0000 4L332 01 0000 22002 01 0000 41336 Description BUILDING PERMIT FEES PIJAN CHECK FEES CLEANUP DEPOSITS WII,L CALL INSPECTION FEE Amount 897-0239 Type: A-BUILD ADD/ALT SFR BUILD pE 2703-t23-2 6-008 1850 S FRONTAGE RD WEST ].850 S FRONTAGE RD ALPINE CREEK #4Total Fees: 325,75325.75 Total ALL pmte: 325,75 Balance:.00**************************************************************** 135 . 00 87 .75 L00 .00 3 .00 . PREPARED s/Os/08, 16:42:4A PROGRAM MR415U Town of vai 1 DEPOSIT REFI'ND REPORT.UPDATE PAGE 1 CUST.ID CUSTOMER NAT.{E CODE DESCRIPTION DEPOSIT DEPOSIT ADJ AD'IUSTMENT AFTER'REFUND TX-DATE A.T.DATE AMOUNT AMOUNT AI.4OUNT AMOUNT ?68 SONDRUP SIIEET METAIJ, D2 DEPoe Dep-cleanup J-/n/98 5/o5/oa 100,00 100.00 100.00- 100.00 100-00 100.00-.00 .00 TOTAL FOR CUSTOMER TYPE: D2 G/L BATCH CREATED: BATCH 012?2 20O8l05 USERID-JLOVATO AP HELD . OO AMOUNT- GRAND TOTAL: 100.00 100.00 100.00- DEPoSIT COUNT: 1 COUNT-100.00 f- ,*ContacE Eagle Councy Assessors Office ax'970-328-8640 for parcel /l . ToI{N oF vArrJ coNsrRucrroNpARcEL /l: 2103-123-26-008 PERMIT APPLICATION FORM DATET _ 7 /30/97 / APPLICATIoN MUST BE FTLLED OUT CoMPLETELY oR IT MAY NoT BE AccEpTEDV K***************************** PERMIT INFORMATToN *****************************t I i-Buirding [ ]-Plumbing [ ]-Erectrical [ ]-Mechanibal Ix]-other Roofing Job Name: Love REsidence Job Acldress:1850 S. FronEage Rd. I,Jest, /14 Legal Descrj.ption: Lot Brock_ riring_110t"" t[ffi5r#il'13,3l"" tto Owners Name: Architect: John Love BUILDING: $ PLUMBTNG: T-_- PER.I'IIT /I Address3 18505 Frontage Rd. West//4 ph. 788_1969 Number of Acconrnodation Units: I NA Address:Ph. ceneral Description:Reroof Pgp.n ETYI 2oa F a/work class: [ ]-New [ ]-Alteration t l-Additionar [ ]-Repair I x]-other Reroof Nunber of Dwelling Unitst I SFR Reroof {pmber and rype of Fireplaces: Gas Appriances- NA Gas Logs_ wood/pe1)-et_/ !* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VALUATIONS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *t Por^nr EI,ECTRICAL: $ MECHANICAL: $---_--ft* * * * * * 'l * * * * * * * * * * * * * * * * * * * * CoNTRACTOR IN,FORMATION ***********rt*?r**********,r**Eeneral Contractor: sordrup srreet yet31' rrg:.8ff-423? Town of Vail Reg. No. 565-sAddress: 3800 s .lason st.lnffi-' phone Number: 3o3_7sg_487o Electrical Contractor: Address: r******************************* 3UILDINC PERMIT FEE: PLUMBING PERMIT FEE: ITECHANICAL PERMTT FEE: 1LECTRTCAL FEEI )THER TYPE OF FEE: )RB FEE: Town of VaiI Reg. NO. Phone Number: Town of Vail Phone Nurnber: Town of Vail Phone Nunber: Reg. NO. Reg. NO. FOR oFFrcE usE ******************************* BUILDING PI,AN CHECK FEE: PLUMBING PIAN CHECK FEE:MECHANTCAL PLAN CHECK FEE: RECREATION FEE: CLEAN_UP DEPOSIT: TOTAL PERMIT FEES: BUILDING: SIGNATURE: ZONING: SIGNAWRE: Plumbing contractor: Address: vlechanical Contractor: Address: VALUATION CLEA}I UP DE,POSIT NEFI'ND ^IOEU P TOWN OFVATL Department of Community Development 75 South Frontage Road Vail. Colorado 81657 970-479-2 r38 FAX 970-479-2452 December 8, 1998 Lynn Fritzlen Fritzlen, Piercc & Smith Vail, Colorado 81657 Re: Site Coverage Allowed for Alpine Creek Units Dear L1mn, As promised, I continued to review the file for the Alpinc Creek Townhomes to determine allowable site coverage. According to information I found in thc file and after speaking with Andy Knudtsen, the goject planner, a maximum of 7,950 square fect of site coverage is permitted in the development , or 1,325 squarc feet per unit. I am hopeful that this clarifies thc question you had. If you have any further questions with regard to the Alpine Crcek Townhomes, please do not hesitatc to call. You can reach me most easily by tetephone at 479-2145. Good luck with your project. Sinccrely, Fax 476-4901 tI+R't-,t George Ruther, AICP Senior Plarmer Town of Vail {g *"no"or r"r to TOWN OF VAIL 75 S. FRONTAGE ROADvArt, co 81657 97 0-47 9-2138 DEPARTMENT OF COMMUNITY DEVELOPMENT NOTE: THIS PERMIT MUST BE POSTED ON .JOBSITE AT ADD/ALT MF BUILD PERMIT permir #: 89?-0090 Job AddressLocation... ParceL No.. Project, No. 1750 S FRONTAGE RD WEST Status. . . SPRUCE CREEK TOWNHOMES App1ied..2103-L23-L7-000 Issued... Exoires. . APPLICANT PLATH CONSTRUCTION DRAWER 5920, AVON CO 81620 CONTRACTOR PLATH CONSTRUCTION DRAWER 5920, AVON CO 81620OWNER SPRUCE CREEK TOWNHOME ASSOCIATIO Description: REROOF,REPAIR, INSTALL ASPHALT SHINGLES Occupancy: R1 Multi-Farnily Type Construction: V 1-HR Type V l,-HourType Occupancy: Valuation: 9L,577 Add Sq Ft: Bui Ldi ng----) PLan Check---> Investigat ion> fli Ll. Ca(l.---) 700.00 455.00 .00 3.00 Restuarant Ptan Reviet.,--> DRB tee-------- Recreation Fee----------> Ctean-Up Deposi t--------> TOTAL FEES----- .00 total Catcutated Fees--->.00 Additionat F .m 250.00 1,408. m TotaL Pernit Fee--------> Payments------- 1,4O8.0O .00 1,408.00 1 ,408. @ accurate and plot subdivi EALANCE DUE--.. DECLARATIONS I.hereby.acknowtedge that t have read.this apptication, fiLl,ed"out in ful,t the informatton requi red/ compteted anpLan, and state that atl the information provided as requi red is corfect. I agree to compLy iith tire information ::,::tpllYi:h_:!!_l:yl,:l9il"nces.and state. [a!,s, .and to buil.d thls structune according to-the Tovn,s zonins and p tot pLan, ion 5:00 P]'l codes, design review approved, Uniform Buitding Cirde and other ordi REqUESTS FOR INSPECTIONS SHALL BE IIADE TI,IENTY-FOUR HOURS IN ADV Send Ctean-Up Deposit To: PLATH CONSTRUCTION h1>--itt-(,, r'-l/ l/, ll LUs"'/ zr-/ fr lt ALL TIMES ISSUED 04 /30 /tee7 04 /30 /ree7 L0 /27 /tee7 Phone:.970949L90s Phone: 9709491905 Fireptace Information: Restr i cted:#of cas Apptiances:dof Gas Logs:#of tlood/Pal. Let: **********t********************t***ff********************* FEE SUtll'IARY *ff**********ff***ft*********ffi************************* ****ff*ff*ff**********t****l***********ttt****tt***i't****'tt**i************i**ff***********t*i***tr************************ff******** ItE4i,O51QO-qg-II.,DING DEPARTMENT DepIs BUILDING Division:9!/3o/L997 _CHARLTE AAEiont ApFn cHenLrE DAViSrIEm:. O54QO_PL4!.INING DEPARTMENT -oept: PLANNING Division:g!/3o/Le_97_c44B rE AaEidi;- [pFn n/eItem:'056Q0_FIBq_pEpARTryrENT ' Dept: FrRE Division:g!/3o/\227 CHARLTE -Aciion; AppR N/Arrem:' 055q0_qgEI-,Ig woRKs -^^_ --,,- Dept: puB woRK Division:04/30/1997 CHARLIE Action: AppR N/A *************trt************{******ft***|k****lht************************************************t*t****r****rr********************** See Page 2 of this Document for any conditions that may apply to this permit. F OIINER OR FOR HII{S€LF AND OI.INER .....-,..._".*i _,___-.i.i. CHECK REQUEST PItI]PARED BY: ,/ ,//--'/ /if( i).J 6-{ r/ .DATI]:s '' / ,,' ''7 vENDott NAME: P_(,r l(/ (_,,,* s/.,,u .:l_) ..,, VENDOR NUMI]ER:o o /3s'7 DESCRIPTION OF EXPINSE:CLtrAN UP DEPOSIT RtrFUND FOR Bp #fr71 _r.,,rct o - NAME OF JOB: a - , /, /. ,-/,f tte ce Cte< /, 'T i4 "<zi-c,ofACCOUNT NUMBER: / OI OOOO ZZOOZ AMOTINT OFREFLIND: DArE APPROVED' 'J-&2- ?Z APPROVAL SIGNATURI]: coNsT8ucTro PERI.IIT # PERI'{IT APP , APPLTCATToN MUST BE FTLLED OUT COl,tpr,ETEr.,y oR rr I,tAy NoT BE AccEpTED Ii********* ** *********** ******* PERIIIT rNFORl.lATroN *****************************rl [ ]-BuiLding [ ]-plunbing [ ]-Electrlcal [ ]-uechanlbat \*1-ottrer rob Narne; .Spr-r' n " 0 onk-[rJnf4ildrob Address5 Legal oescription: Lot Block Owners Name: D Architect:Address: Address! Plumbing Contractor: Address: Mechanical Contractor :Address: BUTLDING PERMIT FEE: PLUMBING PERMIT FEE: MECHANICAL PER}TIT FEE: ELECTRICAL FEE: OTHER TYPE OF FE8: DRB FAE: FiIinS suBprvrsroN: General oescription.-G ?. tpl / 4,4,|t2L4lA+aze-uJM work class: t l-New s4-lr/era€fon 6 j-aaoTdionai f f:ild"i"-f l_other Number of Dwelting units: _ Nurnber of Accommodation units: ^ {pnber and Type of Firepraces: Gas Appriances_ Gas Logs_ wood/perret_v]********************************* VALUATTONS *********************************7l t t,.-\, ,/ zt a:yllPIIg, !? /, + r u, ErrcrRrcAl: $_ orHER: $ ^ pLUt{BrNG: $' }lEcHANrcAt, $- ior;t;Itl*****************+*,*.t****** coNTBrgroR TNFORMATTON ***********************aiA*I lllgrargntracrorr I)o:rtr_ k rown of vail neq. i;:'irkA Iffi::::"l contrac ao* 1311- o 01o rown. or vair Res. No. Phone Nurnber: Phone Number: Town of Vail Reg. NO.Phone Number: Town of vail Reg. NO. Phone Number: ********************************FOR OFFICE USE ** ****** *********************** BUTLDTNG PI,AN CHECK FEE: PLI,IMBING PT,AN CHECK FEE: I.TECHANICAL PIAN cHEcK FEE! RECREATION FEE: CLEAN-UP DEPOSIT: TOTAI, PERI,TIT FEES: BUTLDTNG: STGNATURE: ZONING: STGNATURE: dress: t15O 5.Fcur"Ph.4p7a -334 Ph. CLEAN UP DEPOSIT REFTIIID TO: **************!&*****************************ik********************************{r** CONDITIONSPermit #: 897-0090 as of OS/O7/9? Status: ISSUED* * * * * !t ** * * * *** * * * * * ** *{. * ** * * * * * * * * * * *** * ********** **** * * * * *** * * * * * * ** * * * * * * * * * * * Permit.Type: ADD/ALT MF BUrLD pERMrr Appried: o4/3o/Lgg7Applicant: PLATH CONSTRUCTION lssued: O4'/3T'/lgg7970949190s To Expire. L\-/27'/rsg7 Job Address:Location: SPRUCE CREEK TOWNHoMESParcel No: 2103-123-L7-000 Description: REROOF, REPAIR, INSTALL ASPHALT SHINGLES Conditions:].. TIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE COMPLIANCE.2. ALL PENETRATIONS IN WALLS,CEILTNGS,AND FLOORS TO BE SEALED WITH AN APPROVED FIRE I.,I,ATERIAL.3. FIRE DEPARTMENT APPROVAL IS REQUIRED BEFORE ANY WORK CAN BE STARTED. o *** **************************************************************** Statemnt Number: REC-0220 Amount: 1,408.00 O5/O7/97 11:52Payment Method: CK Notation: ck#19351 lhit,: CF ADD/ALT MF BUILD PER This Payment **************************************************************** I **************************************************** TOWN OF VArL, COLORADO ********* Statemnt Permit No Parcel NoSite Address Location Account Code 01 0000 41310 01 0000 4L332 01 0000 22002 01 0000 41336 897-0090 Type: A-MF2ro3-t23- 1_7-000 1750 S FRONTAGE RD WEST SPRUCE CREEK TOWNIIOMES Tota.L Fees:1,408,00 Total ALL Pmts: Bal-ance: Description BUILDING PERMIT FEES PLAN CHECK FEES CLEANUP DEPOSITS WILL CALI.,, INSPECTION FEE 1,408.00 1, 408 . oo .00 Amount 700.00 455.00 250.00 3.00 o Page2 of 4 FMLD FILE--APRIL 3 Jarruary 7,1997 Roofing Specification for Spruce Creek Townhomes Trm Orr/MNcELLANEoUs; l] Tear offexisting shake and felt roofing and remove all debris from the site. Leave existing "cold roof'framework intact. Plath Construction will keep the jobsite as clean as possible and practical during the construction, and a thorough cleaning of Plath's work areas will be performed upon completion. Plath Construction will take all reasonable precautions to protect the interior of the building from water and weather. However, Plath Construction will not be held liable for any interior damage sustalned from leaks caused by sudden and/or unforseen storms that occur during thc tcar o{I'phasc o[tlris wolk. 2l Plath construction will provide all insurance and permits required by the TOV Building Dept. 3l Where roof to walljunctures occur, cut the siding 12" up above the roof deck and remove the siding. This will allow for the correct application of the new waterproof membrane and flashings. upon completion of the roof, install a I "xI0" cedar board to cover the flashing. (see the attached drawing which shows this detail) 4] Provide ground protection as needed to keep the area safe for owners and guests. Exclusions and Qualifications: I I The eave fascia and eave vents are to be checked to veris that adequate ventilation is available for the cold roof. Plath will help with this determination. If it is determined that eave fascia needs to be removed and blocking and screen installed to properly vent the existing cold roof, that work is to be pcrforrned by otlrers. 2] Painting the new I"xl0" described in #3 above is to be done others. II. DRY-IN/ASPHALTSHINGLES/FLASHING: ll Install 7/16" waferboard over the existing cold roof framework. 2] Install "Jif$-Seal" Ice and Water Guard by 'Protecto Wrap" over entire pitched roof area, according to manufacturers' specifications. Extend membrane up walls a minimum of 12" at rootto-walljunctures. Use mastic as needed. 3] Install asphalt shingles as specified by the manufacturer. Shingles to be "Pinnacle I" as manufactured by Atlas. This shingle has a 30 year limited warranty. Color to be determined by the owners. Install starter shingles and hip/ridge shingles as needed. Shingles to be nailed with coil nails, rather than stapled, for a more secure attachment to the substrate. Page 3 of4 4] Install 26 gauge, prefinished roof flashing and counterflashing as needed. New flashing will include valley, step, and endwall flashing. Install counterflashing as shown in the attached drawing at all roofto wall junctures. Install drip edge at all eave and rake edges. Install drip edge at all endwall vent locations. All flashing will be fabricated from a kynar-500 coated flashing with a 20 year finish. The color is to be selected by the owners representative. NOTE that drip edge sizes will vary between the main eave and the endwatl vent eave. Field measure for verification. 5] Install "Vent-a-ridge" metal ridge cap to allow existing cold roof to vent. The new "vent-a ridge" will be installed at the existing vented ridge locations. 6] Construct vents at endwalls (roof to clerestory wall locations) consisting of vertical 2" x2" battens at24" on center and sheeted withTllf" waferboard. Install #30 felt over the walcrboard. Covcr vcnt opcnings with alurninuln scrccn. 7] Install new plumbing pipe flashings at all pipes penetrations that are 4" or less in diameter. Exclusions and Qualifications: 1] Added costs for working under adverse winter conditions is excluded from the base bid. Please see option #l for pricing on this item. 2] Miscellaneous flashing not associated with the roof system is excluded from this proposal. 3] Gutter and downspout is excluded from this proposal. 4l Deck is excluded from this III. GENERALNOTES: l] Upon receipt of the contract price, Plath Construction will issue a warranty certificate guaranteeing roofing against leaks due to flaws in workmanship for a period of two years from the date of roofing completion. Leaks quali8ring under the terms of said warranty will be repaired promptly at no cost to the owner. This warranty does not cover any subsequent interior damage that may occur. IV. Oprroxs: OPTION #1: 1l Additional charges, as identified below, will apply for roof work done between October l5th and April 30th. **The costs for aj, bl and cl below will not apply if the work is done during spring or summer nionths. a. Ice and snow removal, daily covering and uncovering ofthe roofdeck with plastic, and drying out of the roof deck, if necessary, will be an extra charge over and above the contract price and will be charged extra at the rate of $ 32.00 per man hour. Materials (plastic, propane, etc.) will be charged extra at Plath's cost. b. Priming may be.required for Jiffy Seal, depending on site conditions and outside temperatures during application. If priming is required, this work will be charged extra at the rate of $13.50 per 100 square feet. Total price not to exceed $ 21960.00. .ol ,-\@/l tI , SV\ ,st, l}'(,qol -)?\'.'|;,9+'l .lpt lelll \aqr"\ *ffiEe etg.:;:*rgr !G\r$ .*'o1,{\t j€) -**rrna'6rfi@ tr- - -- I 't I z{-} '-PT.lrl l?' I )t -(,tf , 0l ,a I a-.9 ,,t\ I I I I I I I) L - L,' '!^ 'i':-)J r I ncr .\I \VJNJrl, ./t\ \--l 'hl II ------ ----_ J -Gt/7 r- P ).r'.J',{t -:. r{i Ief I t / u /t- I tl o o I i----- q'oL | ,l -Il -\N^\^ r-a r ./ -,F 9l -l^ 'bDlCh It- -Ftt".4?6\ E \'Yr4cn o|\,Er .bt or+5 -r- I I !r I l_+ I Ij( j 8i I ...,"E.r, ,L Sy sr = ,Tl0 OoJ?1 9C a,,.rr,-- ?y - ,e 'l 'AtV *f W (:rxrn It,r' I t0:;ll|rr!) l' x l0' (S tuined) -.lif fy Seot lil' rrp *olt:; Arptrol t Shir){)tr,:t lr.; tolt Ncw La)l(l r'oo 1', //16' rrul'r.r' b(xt/d ovrrr cxiitirr!) In \.,{ 8Y t:. tlR DAtI ti,./()/. o SPRUCE CREEK TOWNHOUSE ASSOCIATION 1750 SOUTH FRONTAGE ROADWEST vAlL, co.81657 To: Pam. Hath Constnrction As Managing Agent for Spruce Creek Townhomes I have been asked to convey to the Building Department of the Town of Vail that Spruce Creek has contracted the re-roofing of these buildings. This contract has been awarded to Plath Construction, will commence May 5,1997 and has already received staff DRB approvaldated 3- 24-97. Spruce Creek Manager Tom Saalfeld T I \) a'_r- t?0*, ail- -j; 'tBdoR8'4- t i S+l; FEzgr 9 -." ,sF-31i Yl r1 6'o tf{u t&-',; -\"j aeQ t-s c)--o w)$,(Ybrl p-frO, \l c.J ---- ,(f -- r,<r C) l-rt (tJta 6e'.? q s.? -(ta <l r./ ) c <){I '^l .{)L-- t -v$, L- e.) t- I,j) W7/1fr/97 OGr48 REQUESTS FOR INSpECTITN WURK SHEETS FORr 7/lth/97 F.AGE 3 AREA: DS Activityt 897-EID9E 7/Le/97 Typer A-MF Stat r.rs r I55UED Constn l AltlF /!, REPT131 trarceI : plBB_lE3* t7_rZilAE, Deseript ion: REBOOF, REtrAIRr INSTALL Appl ieant : PLATH CONSTRUCTIUN 0wnerr SFRUCE CREEK TOWNHOMEContrectorr trLATH IONSTRUCTION (l-" Tcr{rf 0F VAI.L4 CULORADO ? Addressr 1758 S FRONTfiEE RD l,lE$T Location; SPRUCE CREER TUWNHtrMES\ Use: V l-HR 97r2r949 19U15 9789491905 Inspect i on Reqr-rest Inf or"nat i on. . . . .Requestor:.trAM I Req 'Ti me: Comment E :Itens requested to tre Inspected.., Action AfrA4V BLDG-Final C/O -.6r ..,f" Inspection History. . . ..It em t OGSIO dri veuray. gnade f inalIteer gtlfdl6 BLD6-Foot ingr/Steel Item : OB@PO BLDS-Fnundat i on/5teeIIter! OAgeO PLAN-ILC Sitp trlar Iten: gOA30 BLD6-Fr.em ingIteerl @@64n * * Not On File * * Iten ! UO65A BLDE-Insr-rlat i onItem: 0006Ct .FLD6_Sheetr"ock Nai IItenr o00BB * * Not on Fi.l e t( * It er r @O470'"BLDG-lvli sc. Iten l @0Ct90 BLDG-Fina1 Item:*gt0530 BLDB-Temp. C/0 tterr .AA.53l FIRE-TEHF. tr/gItenr 0453e FH-TEMF. t/QIten\ o6s33 F,LAN-TEMtr. C/8 Itenr iqo:sz pLAN-FINAL C/OItenr OGESS FIRE-FINAL tr/A Itamr Q4539 PW-FINRL C/O Iten: 0054Ct BLDG-Final C/E F,hone: 949-1.9t25 Conmpnt s Time Exp :1 ,i i 4t*.. lr .."i' a o ORDINANCE NO. 1 Serles of 1991- AN ORDINANCE AMENDING TITLE 17 OF THE TOWN OF VAIL MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.17 SCHOOL SITE DEDICATIONS; AND SETTING FORTH DETAILS IN REGARD THERETO. IIHEREAS the Town counci] of the Town of vall is of the opinion that the subdivlder of land in each major residential subdivision or portion of a major subdivlsion which is intended for residentlal use shal'l allocate and conveysites and land areas for schools when such are reasonably necessary to serve the proposed subdivlslon and future residents thereof; NOl{ THEREF0RE be lt ordained by the Town counci'l of the Town of vail, Co'lorado: Tit'le 17 of the Town of vail Municipal code is hereby amended by the addition of chapter 17.!7, School Site Dedications, to read as follows: 17.17.010 PURPoSE It is hereby declared to be the po1 icy of the Town that whenever thene is a naJor subdivision, which is subdivided for residential use or partial residential use, the owner of the'l and shall provide'l and for school needs generated by the proposed residential use. It'i s the purpose of this chapter to require the dedication of land or the paynent of fees in lieu thereof or both to fulfill such needs. Section 17.17.020. School land dedication or cash in lieu thereof. The subdivider of land in each residential major subdivision or portion of the subdivision whjch is lntended for residential use, sha't I allocate and convey sites in land areas for schools when such are reasonab'ly necessary to serve the proposed subdivision and future residents thereof, by the application of the formulas set forth below: Slngle family and duplex or prlmary secondary. Nunber of units x .014495 = dedication requirement in acres. Mul ti -f arn i I y. Number of units x .002676 When land is dedicated for be that which ls useable by the and sha'll be rnaintalned by the = dedication requirement in acres. the purpose of providing a school site, it shall Eagle County School Distrlct for such purpose, School District in a reasonab'le manner until o developed. Said land shall be held by the Town of Vail for the School Distrlct until required by the School District. In the event that the School Distnlct determlnes subsequent to dedication that the dedicated schoo'l site is not reasonably necessary, the Town council may, at the request of the school Dlstrict, sell the land. lJhen sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and future residents thereof, the Town council, with recomendations from the School Dtstrict and other affected entities, shall require, in lieu of such conveyance of'land, the payment ln cash by the subdlvlder of a amount not to exceed the full market value of such sltes and land areas for schools. The full manket value sha'l I mean the current market value of unimproved land. This va'lue shall be set annually by the Town Council on an acre basis with recormendations fron the School District. The same value per acre shall be used throughout the town. If the subdivider does not agree with the value per acre, the subdivider nay submit the report by a quatified appraiser who is M.A.I. designated, which establishes a new va1 ue. The Town Council shall review the report and determine if the.va1ue is reasonable. Based upon their review, the Town council will determine the value of such land. lfhen money in lieu of land is required or when monies have been paid to the Town Council fnom the sale of such dedicated sites for schools, it sha'l I be held by the Town Council for the acquisition of reasonably necessary si tes for the construction of schoo'l facilities, for the construction of employee housing required by the school district, for the purchase of employee housing units for the school district, or for the development of such sites. If housing units are purchased, a deed restrjction restricting their use to school district employee housing shall be required and ownership shall remain in the name of the School District. A subdivision school dedication shal'l apply onlyonce to the same land area. Dedicatlon shall not be required of re-subdivisions of the same land on a dedlcat'l on that has previous'ly been made. Section 17.17.030. Town Exempted. The Town of Vail is speclfically exempted from the requirements of thls chapter 77.L7. Section 2. of this 0rdinance any part, section, subsection, sentence, clause, or phrase for any reason held to be invalid, such decision shall not If ls -2- affect the validity of the remaining pJrtions of thls Ordinance; and the Town council hereby declares it would have passed this 0rdinance, and each part, section, subsection, sentence, clause, or phrase thdreof, regardless of the fact that any one or more parts, sectrons, subsections, sentences, crauses, or phrases be declared invalid. section 3. The Town counc'i 'l hereby finds, determines, and declares that this 0rdinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants hereof. section 4. The repeal or the repeal and reenactment of any provision of the Vai'l Munlcloa] Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any section cormenced, nor any other action or proceedings as cormenced under or by virtue of the provision repealed or repealed and reenacted. The repea'l of any provision hereby sha'l 'l not revive any provision or any ordinance previous]y repealed or superseded unJess expressly stated herein. Section 5. Repea] er. A'l I bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconslstency. This repealer shall not be construed to rev.i se any bylaw, order, resolution, or ordinance, or part hereof, heretofore repealed. INTRODUCED, READ, AND APPROVED 0N FIRsr READING THts rgth day of Februarv ' 1991, and a public hearing shall be held on this ordinance onthe _ day of tr'ebruarv 19 , 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this lgthday of Feb ruary ,1991. ATTEST: INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDEREO PUBLISHEDbv tttle onlv this 5rh day of March , 1991. ATTEST: -3- ORDINANCE NO. 2 Series of 1937 AN ORDINANCE AMENDING TITLE 18 OF THE MUNICIPAL CODE OF THE TOI,IN OF VAIL BY THE ADDITION OF CHAPTER 18.67 VESTED PROPERTY RIGHTS; AND SETTING FORTH DETAILS IN REGARD THERETO. ll0W, THEREF0RE, 8E IT 0RDAINED BY THE T0l,lN C0UNCIL 0F THE TO}IN 0F VAIL, COLORADO: J' Title 18 is hereby amended by the addition of Chapter 18.67 to read as follows: 18.67.010 PURPoSE The purpose of this Chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended. 18.67.020 DEFINITIONS A. Site specific development plan sha'll mean and be'limited to a final major or minor subdivision plat, or a special development district development p'l an. B- Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of the site specific development plan, and shall be deemed estab1 ished upon approval of a site specific development p1an. 18.67.030 NOTICE AND HEARING No site specific development plan shall be approved by the Town Council or any Town board or commission as app'l icable, unti'l after a public hearing proceeded by written notice of such hearing, in accordance with Chapter 8.68 of the Vail Municipal Code. Such notice may, at the option of the Town, be conbined with the notice for any other hearing to be he'l d in conjunction with the heari ng on the site specific development plan for the subject property. At such heari ng, persons with an lnterest in the subject matter of the hearing sha'l'l have an opportunity to present relevant or material evidence as determined by the Town Council or Town board or commission as applicable. 18.67.035 ACTION FOR APPROVAL OF SITE SPECIFIC DEVELOPMENT PLAN - CONDITIONS The action of the Town Counci] or Town board or commission as applicable for approval of a site specific development plan shall be in the same form as that required to approve any request being considered for the subject property in conjunction wjth the hearing on the site specific developnent plan, such o action being either by ordinance, resolution, or motion as the case may be. If any action by any board on conmission is appealed to or cal'l ed up by the Town Council, approval sha'l I be deemed to occur when a final decision of the Town Council is rendered approving the site specific development-p1 an. The approval may include such terns and conditions as may be reasonably necessary to protect the public health, safety, and welfare, and the failure to abide by any such terms and conditions may, at the option of the Town Council or Town board or commission as applicable, and after public hearing, resu'l t in the forfeiture of vested property rights. 18.67.040 APPROVAL - EFFECTIVE DATE A site specific development plan shall be deemed approved upon the effective date of the approva1 action re1 ating thereto by the Town Council or the Town board or comm'ission as the case may be. 18.67.045 VESTED PROPERTY RIGHTS - DURATION A- A property right which has been vested as pnovided for ln this Chapter sha'l I remain vested for a period of three (3) years. In the event amendments to a site specific development plan are proposed and approved, the effective date of such amendments for purposes of the duration of the vested property right, shall be the date of the approva'l of the ori ginal site specific developrnent p1an, un'l ess the Town CounciI or app'l icable board or commission specifical 1y finds to the contrary and incorporates such finding in its approval of the arnendment. 18.67.050 NOTICE OF APPROVAL Each map, plat, or site plan or other document constituting a site specific development plan sha'l 'l contain the folIowing language: 'rApproval of this plan may cneate a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." Failure to contain this statement shall inva'l idate the creation of the vested property right. In addition, a notice describing genera'l ly the type and intensity of use approved, the specific parcel or parcels of property affected, and stating that a vested property right has been created, sha'l I be published once, not more than fourteen (14) days after approval of the site specific development p'l an in a newspaper of general circulation within the Town. 18.67.055 EXCEPTION TO VESTING OF PROPERTY RIGHTS A vested property right, even though once estab'l ished as provided in this Article, precludes any zoning or land use action by the Town or pursuant -2- o to an initiated measure which would arten, impair, prevent, diminish, or othsr'hris. delay the development or use of the property as set forth in the site specific development plan except: A. lJith the consent of the affected landowners; or B. upon the discovery of natura'l or man-made hazands on or in the immediate vicinity of the subject property, which hazards cou'ld not reasonably have been discovered at the time of site specific development plan approval , and which hazards, if uncorrected wou'l d pose a serious threat to the public health, safety, and welfare; or C. To the extent that the affected landowner receives just compensat.i on for all costs, expenses, and'l iabi'l ities incurred by the landowner, including but not'l imited to al'l fees paid in consideration of financing, and al'l architectural , p1 anning, marketing, 'l ega'l , and other consu'ltants fees incurred after approval by the Town counci'l , or app'l icab'l e town board or commiss.ion, together with interest thereon at the 1ega1 rate until paid. Just compensation sha'l I not inc'l ude any diminution in the value of the property which is caused by such action. D. The estab'l ishment of a vested property right pursuant to law shal'l not preclude the application of ordinances or regulations whjch are general in nature and are applicable to all properties subject to'land use regulation by the Town of Vail, including but not limited to, bu.i lding codes, fire, plumbing, electri cal and mechanical codes, housing, and dangenous building codes, and design review guidelines. 18.67.060 PAYMENT OF COSTS In addition to any and all other fees and charges imposed by the Municipa1 code of the Town, the applicant for approval of a site specific development plan shalI pay a1 I costs re] ating to such approval as a result of the site specific development plan review lncluding publication of not.i ces, public hearing, and review costs. At the option of the Town, these costs may be imposed as a fee ot / nO . 18.67.065 OTHER PROVISION UNAFFECTED Approva'l of a site specific development plan shall not constitute an exemption from or waiver of any provisions of this code pertaining to the developnent and use of property. 18.67.070 LIMITATIONS Nothing in this chapter is intended to create any vested property right, -3- but only to implement the provisions of Article 68 of Tit'l e 24, C.R.S., as amended. In the event of the repeal of said Artic'le or judicial determinatjan that said Article is lnvalid or unconstitutional or does not apply to home rule municipalities such as the Town of vail, this chapter sha'l I be deemed to be repealed, and the provisions hereof no longer effective. 2. If any part, section, subsection, sentence, clause or phrase of this 0rdinance is for any reason he] d to be inva'l id, such decision shall not affect the validity of the remaining portions of this 0rdinance; and the Town Council hereby dec'lares it would have passed thjs 0rdinance, and each part, section, subsection, sentence, c'lause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be decl ared i nval id. 3. The Town Council hereby finds, determines and declares that this Ordjnance is necessary and propen for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance sha'l I not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repea'led or superseded un1ess expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer sha'l 'l not be construed to revise any by1 aw, order, resolution, or ordinance, or part thereof, theretofore repea'led. INTRODUCED, READ ANO APPROVED 0N FIRST READING this 51g day of March ,1991, and a pub] ic hearing shal] be held on this 0rdinance on the _$[_ day of uarch , 1991, at 7:30 p.m. jn the Council chambers of the Vail Municipal Building, Vai1, Colorado. Ordered published in fu1l thjs 5th day of 1991. March ATTEST: -4- Pamela A. Brandmeyer, TownTIEFF .t INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED bW +r+LL n'rL{ this l# day of tuA..t- , 1991. ATTEST: Pamela A. -5- trr I rf|ldl0ll/I DATE RECEIVED BY COMMUN TTY DEVELOPMENT DEPARTMENT APPUCATION FOR lllNoR suBDtvtstoN REvrEw CHAPTER 1720 YAIL ilUNICIPAL CODE (4 OR FEWEn LOTS) (please print or type) AppLfCANT ll r'e( t-l /., --1--l -.-L MAILfNGADDHESS 6.t z4r-t J.,'l , o ?HONE F76 _A?4( B. PROPERTY OWN ,1, ,.-(-(u.- *( t,-L OWNER'SSIGNA /) .f 4 MAILING ADDRESS /** 4q v". t puOue €rG - (t+( c. D. E. LOTS 4+L BLOCK----.--;SUBDIVISION 4/ f ,,,-.- C*-k 11'. .,L, ,,e-S 1FEE $250.00 pAtD_, >f,o -_cHEcK # 1 n !_DATe €'r o-7 The first step is to request a meeting wiUr the zoning administrator to assist the applicant in meetirE the submittal requirements and to give the proposal a preliminary review. SUBMITTAL REQUIREMENTS 1. The applicant shall submit three copies, two of which must be mylars, of he proposal followlng the requiremenb for a final plat below. Ceflaln of these requirements may be waived by he zoning adminisfator ancUor fte Planning and Environmental Commission if determined not applicable to the projecl. 2. A list of all adjacent property orvners (inctuding those behind and across the street) WITH COMPLETE ADDRESSES shall also be submitted. In addltlon, submlt addressed, stamped envelopes for each ol the above. 3. Title Reporf verifying ownership and easements. 1S"n"Ort"" A & B) 4. An environmental ampact report may be required as stipulated under Chapter 18.56 of he zoning code. 5. FINAL PLAT - REQUIREMENTS AND PROCEDURE: (Some ot thes€ requiremenls may be waived.) a. The suMivider shall submit four copies of fie ffnal dat, two ol which shall be mylars, twelve copies of the linal EIR (if required) and any additional material as required below. Within thifiy days of receiving the complete and conect submittal for a final plat, he zoning administrator shall cause a copy of a notice of the time, place and general nature of the hearing and proposalto be published in a newspaper of general circulation in the Town ol Vail at least ftfteen days prior to said hearing. Also, adjacent propsrty owners to the proposed subdivision shall be notitied in writing at least seven days prior to the public hearing. '@. F. B.Final Plat - Statf Review. 'i The final plat shall be cirflleted to and revbrred by the town's departnents, Including, but not limited to Public Works, Transportation, Communlty Developmeng Recreation, Admlnlstration, Police and tho Fir€ Dopartment. Gomments and concems of th€se departments will be torwarded to the PEC prior to the public heafing. Final Plat and Sumlementarv lrlaterlal- contenb. The final dat and supplementary material shall contain tre followlng information: 1. The linal plat shall be drawn in India lnk, or other substantial solution, on L/.'a reproducible medium (preferably mylar) wlttr dimenslon of twsnty-tour by thirty-six inches and shall be al a scale of one hundred feet to one lnch or larger with margins of one and one-half to two Inches on the left and one-half inch on all other sHes. 2. Accurate dimensions to the nsarest one-hurudredth of a toot for all lines, angles and curves used to desctlbe boundaries, stregb, s6backs, alleys, easements, structuros, ar6as to bo resorvod or dedicated for public or oommon uses and other lmportant feabres. All qJrves shall be. ,.. circular arcs and shall be deflnsd by Ure radius, oentral arqle, arc &ord \z/ distances and bearings. All dimenslons, boUr llnear and angular, are to be determined by an accurate confolsuruey In tho lield which must balance and close within a limit of one in ten thousand. North arrow and graphic scale. / A systematic identification ol all existing and poposed hll6lrUs, ugJp; lots, blocks, and names for all sfeeb. Names of all adjoining subdivisions wfth dotted linos of abufting lotrs. lf adjoining land is unplatted, it shall be shorn as such. An identification of the streets, alleys, parks, and other public areas or lacilities as shown on the plat, and a dedication thereof to fie public use. An identification of th€ sas€ments as shown on the plat and a grant thereof to the public use. Areas rsserued lor future public acquisition shall also be shown on the plat. A written survey description of the area Including the total acreage to the , /nearesl appropriate significant figure. The acreage of each lot or paret lW shall be shown in this manner, as well. A description of all survey monuments, both found and set which mark the boundaries of the subdivision, and a descrlption ol all monuments used in conducting he survey. i,lonument perimebr per Colorado ,/ statutes. Two perimeter monumenF shall be established as major / conlrol monuments, ths materials whlch shallbe determined by the torn engineer. A statement by the land surveyor explaining how bearirq base was ,/delermined. A certificate by the registered land surveyor as ou0ined in Chapter 17.32 ./ of his title as to the accuracy of the survey and plat, and that the survey L/ was performed by him in accordance with Colorado Revised Statubs 1973, Tiile 38, Articte 51. A certificate by an attomey admitted to practico in the Stale of Colorado, / or corporate title insurer, trat the owner(s) of record dedicating to the \,/ public the public dght-of-way, areas or facilities as shown thereon ars c. 3. 4. 5. 6. 7. 8. 9. 10. 11. oIot Retum to PHOJECT: DATE SUBMITTED: DATE OF PUBLIC HEARING COMMENTS NEEDED BY: BRIEF DESCRIPTION OF THE PROPOSAL: PUBLIC WOFIKS Reviewed av, /lr/4- k<+Ka .oate: L -?-?3 Comments: )too il, sra<.€ ' u4 _ 5 [u*i*( L" F) /A / 3s-,2 1---,t'qzr- 4r.2:( { :>6 > /,} aV Ifl 0 "{- s/zr fv Ytt,l. kJ< ,0/ w.tu t It'y/ /""/y V t'tt sl g ,"qr-1"*r! f ,d frqr/t.rp t*)-*tts,rar, .y/ f EE ,/rrf, ! 7t tt votrrPuny rzza/4 h 'o:f^f"'l f ", t"r,yTu-tr "-n/y 'atrvr:f rr,l+t.,,ht ,l/ ,naf f"/_f, rlfl 's*rrft+a! {*tPzryl1y!. icTv f". t W ,t Ef ,/*71.,og jo f"/r/t s,ty/ noA ^VJ o/ rq frftt uct'Ft'r.tttf/ et,N ,tH 'Lttt . LL-h XVl NvrJnN)! ralf 'IW U ,'le't 6 '95 13:?9 l!3'l ETAaBLCII SJF.|EroRS TEL 583-l2B-??E!?rbiv o F -, .C--U ()q Itz ! E lnr- 6-t o ? $o ,i {: rf, I 5i It '-ff's A gHH d'c \ + q ,fl8TEs5 EZ =1iFl.F_tttr#nFEm7 fi ?c €- I!to -;-z .toct { 6- c}tllil{ i dD{El I tlEt' ds gH z EY =tr\ iii 6{ N \ 1 nlE \i{r o1 #l'R' I.T Igt E ). (t m ,^\\ "+0. \ ,\,.- s\ r ti- ii \' )I r" \V \%,r " t ..:'"/ nr+.u'/ \ \ \ \ ) ro€g{ $tr..: I3m -tf-' //ll lj r I Fr)l FI F FIta I 5 n 0 t c4 g FF wIo ET F F 3oDi, PLEASE MAKE TO}VN OF VAIL DEPA RT;\{E}iT OF COM;VILNITY DEVELOP}IENT' S,TLES ACTION FOR}t . 75 SOUTH FRONTAGE ROAD v.{:L, COLoRADO 81657 : TftlrlH 0F {JFIL_ l.liscel l sneous Cash 1=: Et3t 55 : ,.iiit i; i-ii:.jr_:i..j-..ltL_F ii.]Eij ' r". il. i,l: i.ll l-_rr.l : ,it t-,1tt i a,,iri.ig i-F,j j, i r*rrr pa i,i .01 cu001t4t3 - -, .-:-J,..: ';rlI-!|-Trrd f SIGN APPLI,-'t I r0ii rca ADDTNONA'J SICNAGE EE ISt.OO ?E.i SQ,IT0t 00014t1t3 lTC AR,T FRO'F.CT DONAT:ON PRE PAJD DESICN R!,UAV IOARD FEE0l 00001t331 OtCOOO42412 I BUITDING-CONSTRUCTION PERMIT COMPUTER D 01 OOOO 4237I INVESTIGATION FEE (BUII,DING) * * .* SENT BY: ORDER NO: VENDOR NO: ISSUED TO: -l couNrY ofeels TREASURER TAXES DUE 9437713;# l/ 2 \7-23-93 ; 9:15AM ; srArE'QlPU3"or? CERTIFICATE OF LAUTERBACH EOOOl STEI.IART TI TLE P O BOX ?O00 UAIL CO 8165s o PARCEL NO: oo394hb ASSESSED TT]: LAUTERBACH, HICHAET J. PO BOX 3451 VAIL, CO 816'E AI.IOUNTS REFLECTED ARE VALID T]NLY UNTIL 08/31/53 PRI]PERTY DESCR I PTI O'{ ALPINE CREEK TOI.INHOI'IEs RACT: A FUTURE DEVELOPI'IENT r.r+ vAcANT LAND *** CURRENT TEX 47b.51 TAX DUE INTEREST ADVERTISING PENALT I ES ft I gc. sTATUs PAiD o" oo o. oo 0. oo o. oo o. ooAX LIEN SALE AI'IOUNT 1S SUBJECT TO HANEE DUE TO ENDORSEI.IENT OF THE URRENT TAX BY CERT OF PURCHASE OLDER. AFTEB SEPT I. PER$ONAL PROP, I{OBILE HOI,IE AI{OUNT 1g SUBJECT TO HANEE. AFTER OCT. 1 REAL PROP TAX I''OUNT IS SUBJECT TO CHANGE. PLEASE DNTACT THE TREASURERS OFFICE FtrR ORRECT AI.ItrUNT PRIOR TO REFIITTINC. SPECIAL TAXINE DISTRTCTS AND THIE SOUNDRIES OF SUCH DISTRICTS MAY BE ON FILE I.IITH THE BOARD AF COUNTY COFIIIISSIONERS, THE CT]UNTY CLEFK, OR THE COUNTY ASSEEEOR FEE Ft]R ISSUTNG THIS C€RTIFICATE $IO. OO TOTAL TAX DUE O. OO TAX LIENS OR DELINOUENT TAX TOTAL AMOUNT TO REDEEH SPECIAL ASSESSI4ENTS DUE o. oo TOTAL SPEC. ASST.ITS DUE o. oo TOTAL DUE Tl.IIS CERTIFICATE o_ oo his certificate does not include land or. irnpr.ovementschedule numberr per-r6n€1 progertg tales, transfer tarehalf of utlter entities, epe€iaI or. local impnovement asEessed under e separateor misc. tar collected ondirtrict assegsments sfobile homcg, rJnless speciSicallg nentioncd. , tha undersigned, do herbg certifg that the entira amount oG tares due upon thebove described parcels of r'eal propertg and all or.rtetanding saLes for unpaidares as 5hourn bq the records in rng office frgm rrlh ich thc rtme mag still be edeemed urith the gmount required for nedemption ar.e es noted herein, In uritnessbereof, I have hereunto set mg hsnd and seal thie ?3_Sag 2t JULy IS93 TREASURES, EAOLE COUNTY SHERRY BRANDON EY ?IiyF:;Hi'ffin*,Ro1"3tfi"-,? 26-0.,4 6Atdo 10, 026 3.9q7 eg. g0.6 6.3$0 o. 0?'6 1. gso 2.622 o. 394 2. tz' 1. 3!t4 o.7o.4 1.373 SENT BY: AELE COUNTY HC E 5OJ SCHOOI.S O}IN OF VAIL INTURN CE'.IETEFYAIL FARK & RECREATISN DISTRIC PPER E. V, sAN OLO RVR WATER Vl.'l I.IATER/SAN ^ V. l.lATER CONS PPER E. V. CONS C E''IER./HCI5/SVC O SPECIAL ASSESSI{ENT FOR 1993 7-23-Si ; 9:l 94977t3;# 2/ 2 \ s8l- 51 tf32. 50 $e30. t3 $51.63 $o. g1 rFlO. 9g re1.32 $3. eo tL7.2Aito. a5 *3.72tll. t8 IrDd.lt'brand fax transmitEl memo 6ll o ,,r,0{1*, ^tr/ <- 6 olt ua- , d,v- Units I & 5 Bouvard i a 1U48B 4t L .i-lt I A,(l /1r./\ Alpine Creek Tor^rnhomes Exterior Colors October 28, 1992 i,al - 5 lfG enoryEtr Soffir & Siding Stucco Creamv Cream 1H2BP 1H28P Creamy Cream I^lindow Trim Pure White uc60 36 1 uc60361 1td, ,, .. r?r{ .t P'rr' {a4 <( (.I (i c /1 .? r#4 a,:"n r/t" l?'9 t *, au '/t 3 Unit 3 Casino Tan 2D4tC /( a 5;A0 '/4*\ &4 Beige c t"i'A ,7-/ r/ ,-o-.u " r/a-r s"/ r. 1. r_ ,u/i,1,+ F z r)..1t t'(tl /J<,t- .tUnit 2 Smokey 1)44 9 E \o (4 .tr o Q <) p U) c\ a IJ i',,r F1 I (\/ \ (:--\ tt.-:\\..\ l\\-\ k .-c_--9*_,.. rnof uoE dgzH turoorqsnnl re^lls 3z?l lz t!) .lJ tr =I -' t-- I a|rc_l O '.1AQua c) O]J O.-o.. !(-, .O c,i c\cJo '.1 P, '-i --t!A<tu< \J F /L "/ Rerum ro ^P4 0 "tre\ PROJECT:Cr*- / DATE SUBMITTED: DATE OF PUBLIC HEARING COMMENTS NEEDED BY: BRIEF DESCRIPTION OF THE PROPOSAL: PUBLIC WORKS Reviewed w, ,/41(- F re a te on", /J/rc 1, Z Z) frPP/,N-l to h*/ *al .- L-* '-dJ;6 P(+ 4 srArt'8FP?t3'rF rHE r..:8UHrfi EA*LE CERTIFICATE OF TAXES DUE 92008295 80001 STEWART TITLE P O BOX ?OOO VAIL CO 81558 ORDER NO: VENDOR NO: ISSUED TO: PARCEL NO: OO13919 ASSESSED TO: LAUTEREACH, MICHAEL J. PO EOX 3451vAIL, CO 81658 AMOUNTS REFLECTED ARE VALID ONLV UNTitt/30/92 PROPERTY DESCRIPTION TRACT: SEC/TWN/RNG: 1A-5-81 PCLIN SWT/4 CURRENT TAX 93O.30 TAX DUE INTEREST ADVERTISINE PENALTIES Nisc. o. o. o. o. o. STATUS PAI oo oo oo oo ooTAX LIEN SALE AI'ICIUNT IS SUBJECT TE CHANOE DUE TO ENDORSEI",IENT OF THE CURRENT TAX BY CERT OF PURCHASE HT]LDER. AFTER SEPT 1, PERSTINAL PROP.& HtrBILE HOI.IE AHOUNT IS SUBJECT TT] CHANEE. AFTER OCT. 1 REAL PROP. TAX AMOUNT IS SUBJECT TO CHANGE. PLEASE CONTACT THE TREASURERS OFFTCE FOR CORRECT AIVIOUNT FRIOR TO REIIITTINC. SPECIAL TAXINC DISTRICTS AND THE BOUNDRIES T]F SUCH DISTRICTS T,IAY BE ON FILE I"IITH THE BOARD I]F CT]UNTY COMITISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESStrR FEE FOR ISSUINC THIS CERTIFICATE $1O. OO TT]TAL TAX DUE O. OO TAX LIENS OR DELINOUENT TAX TOTAL AHOUNT TO REDEET'I i0. SPECIAL ASSESSI'IENTS DUE TOTAL SPEC. ASSHTS DUE o.o TOTAL DUE THIS CERTIFICATE o. o' This centificate does not include land or improvlmentsrchedule numbeF, personal propertg teree, transfer tar aseesEed undar e sepanateor nisc. tar collected ondistnict ageessnents ofbehalf of other entities, speciel or tocal iroprovement.mobile honesr unless epecificell{ rnentioned. f, the undergigned, do herbg certifg that the entire anount of taxes due upon theabove described parcels of real propentg and all outstanding saleg for unpaidtareF as ghortn bg the recordg in nrrJ office from ulhich the same mag still beredeened uith the anount nequired for redenption are aE noted heriin. In uitnessurhereof, I have hereunto set rnr; hand and seal this OQ TREASURER, EACLE COUNTY SHERRY BRANDtrN EY of NOVEI.IBER 199a Project Application 0u- o^," 4q/f-' Project Project Contact Name: Description: Person and Phone Owner, Address and Phone: Architecl, Address and Phone: Legal Description: Lot tSa { F"n il4,t/. Zone - Com menls: Design Review Board .// our" /V/,/ d-/ /?- DISAPPBOVAL nr J,. * Summary: Motion by: Seconded O*=-r-'- L'--^--'J o,, d3r7 tn ---'-- @4a {t4 A s;n T>-'' t r'r6/a,71 ^>/4 //'' / -,f J-,/. q/1a-'l ,4 ,,, //. zr,lt/oz- ol E Statt Approval : TOWN OF VAIT- D EPA RTI\{ENT OF COMMLNITY DEVELOP}IENT SALES ACTION FORM onrul/otgt7** I l'liscel laresus f,ash E;i,i-;:'j. F,i.t i+ i it5! j.-l; i:.r, i_-i,i;!_i. :i:i: |'-:i::: +i €,,:tili +1..t l i.;i i.:F::i::l: f:: . :;frF,Ut::E |::F:EEF. ) ...5U88I ttl E ItJH , t'it i.ir:i.: . iit",:,' rlii. t.triitt;{,f-*d .j :58. EE ! ! lt*iri p,:id Fnount paid 0 l:!i Xi:!:l.1iri.!1.-j.jtii!:ltr 15I:1. flE 0 f, i.r'.,1i',,-r'.:', i-,.: | ' l-r:*,:l :' tl. SE -q THTqHF-; LdDr-J U 0 0.!,j,:L-ri-'::gsfiirr 5-iEFHFlliIE 0l 0U!" * 0l 0000 41010 0l 0000 41330 0l 0000 4l OR ALTERATION {I{ORE THAN IOO SO.FT. 0t 00004r:]30 rspEctALDEvELopl\IElrrDI | 0000I l3 4]330 IZONTNC CODE A"VENDNIENTS * * * * * * * * * coPyFIL I 75 Soutb Frontage Roail Vail, Colorailo 81657 3 0t -47 9 -21 1 I / 47 9 -21 1 9 Sincerely,.4//1-/t Andy KnuHgdn Town Planner cc. Jennifer Berg 4,//r-/ D cp artme nt of C ommunity D eu elopn e nt october 27,1s92 Michael Lauterbach PO Box 3451 Vail, Colorado 81658 SPRUCE CREEK, PHASE 3, LANDSCAPE PLAN Dear Mike: As discussed out on the site the morning ol September 8, 1992, theTor,vn understands that you will plant three spruce and six aspens adjacent to the east elevation ol Building No. 1 in Spruce Creek, Phase 3, as shown on the attached landscape plan. Concerning the berm south east of lhe structure, we agreed that you may plant shrubs on it. No aspens should be planted on the berm, so that vlews are maintained. Thank you for your cooperation in this matter. We appreciate your willingness to modify your landscape design lo preserve your neighbo/s views and your efforts to buffer the new development. Please call me if you have any questions. i --r-. F.t'F F (( 4 ( ( b B -E t $ F F I s 5 F il f $L1 1\ tt tt.R tr I1 + tsn LT- F fif. F \i \ $ t $f 8r\- $ I T I R u. t' \ :$ ts \n H A J E \1 u- s=$\ $ -+-AJ *N)\IFF tiql $$t\ & F(\ N $ tf-s(\' N/1\ a.I N(\ \ X $ f=r Nr \Y /^) \\r\\ h..N\ N(' Nv\d\ tL F aT stII oL N FIs.A \I\ J.' I N$ /\ il5N 7 I \Fq N 3 J-Lt tl- ?l' \\ ,l l| T.r @' FfLt c0Py 75 Soatb Frontage Rotd Vail, Colorado 81657 1 0t-479-2 I t I / 479-2 1 t9 July 24, 1992 D ep artmen t of Comnanity D et e lopm cn t Mr. Michael Lauterbach P. O. Box 3451 Vail, CO 81658 Re: PEC Meethg Aprll 27, 1gg2 - A request for an amendment to an approved development plan for spruce creek, phase ilr, 1250 s. Frontage Roid WesUSpruce Creek, phase lll. Dear Michael: Enclosed is a copy of the minutes of the pEG Meeting Date, April 27,1992 planning and Environmental Commission (PEC) meeting at which ybur conditional use permit reqirest was approved. The attached copy of th€ minutes will serve as your record of the condiiions of approval. It-"."!" note that the approval of this conditional use permit shall lapse and become void if a building permit is not obtained and construction not commenced ario oitigenUy pursued loward complelion, or if the use for which the permit is granted has not commenced within two years from approval (Aprll 27,1992). lf approval of this conditional use permit lapses, an application must be resubmitted for reconsideration by the community Development Department staff and the PEC. lf you have any questions or comments regarding this lnformation, please do not hesihte to contact me at 303/479-2138. Sincerely,((4*61 nnHy xVotsen Town Planner Enclosure Kathy Langenwalter agreed with staff s assessment that the requested variance for Building B would result in an unacceptable encroachment. She found the request for Building A to be more acceptable, since it was a side setback. Gena Whinen was happy to see the upgrade, but found the variance request for Building B to be excessive, and believed the rnature trees should be protected. Greg Amsden did not support a variance for Building B, agreeing that it was cxcessive. Kathy Langenwalter moved the request for side setback variances to allow for the extension of balconies at the Vail Trails East Condominiums, 433 Gore Creek Drive&ots 7-15, Block 4, Vail Village Fint Filing be approved for Building A, and the request for front setback variances to allow for the expansion of balconies for Building B be denied per staff memo. The motion was seconded by Gena Whitten. It was unanimously app'roved, 5-0. 4. A request for a conditional use permit to allow an outdoor dining patio on the first floor at the Lodee at Vail Vildflower Restaurant. 174 Gore Creek Drive/a Portion of Block 5C. Vail Villaee First Filins. Applicanfi Lodee at VaiVSherrv Dorwand Planner: Andy Knudtsen Andy Knudtsen reviewed the request. Staff recommended approval of the conditional use permit with the condition that a master landscape plan be designed for the courqard area before scheduling any public hearing, whether that be with DRB or PEC, for the proposed International wing. Jay Peterson, rcpresenting the applicants, thought the master plan requirement was a reasonable condition. Diana Donovan was concerned about the placement of two tables in the design, as she believed they were located in the public way. Jay Peterson and Paul Jepson, from the l-odge, did not think those tables would actually be placed per the drawings presented- Dalon Williams moved the request for a conditional use permit to allow an outdoor dining patio on thc first floor at the Ildge at Vail/TVildflower Restaurant, 174 Gore Creek Drive/a Portion of Block 5C, Vail Village First Filing be approved per staff's memo, with the recommendation contained within that memo. Gena Whitten seconded the motion. It was approved, 5-0. 5. A regest for an amendment to an approved develooment olan for Soruce Creek. Phase trI. 1750 S. Frontaee Road West/Spruce Cteek. Phase trI. Applicant Michael l,auterbach Planner: Andv Knudtsen Andy Knudtsen summarized the proposed amendment. Staff recommended approval, stating they believed good design solutions had been achieved. Planning and Environmental Commission . AViI27, 1992 . Page 4 t Greg Amsden asked if the design had changed since the previous approval for 6 units. Andy indicated the floor plans were differcnt and the setbacks had been increased. Gena Whien moved the request for an amendment to an approved development plan for Spruce Creek, Phase Itr, 1750 S. Frontage Road WesVSpnrce Creek, Phase Itr be approved per staff memo. The motion was seconded by Dalton Y/illiams. A unanimous 5-0 vote approved the motion. 6. A reouest for approval of a modification to the final phase at Vail Point 1881 Lionsridee l-oop Road/I-ot 1. Block 3. Lionsridee Filine No. 3. Applicant Steve GcnslerAy'ail Point Condominium Association Planner: Jill Kammerer Kristan Pritz indicated that, because of a discrepancy in the survey, the applicants had requested this item be tabled. Dalton Williams moved to table the above item until the issues regarding the survey were resolved, and they got organized. Greg Amsden seconded the motion. The item was tabled by a votc of 5-0. 7. A review of a staff approval of a minor amendment to Special Development District No. 6. Phase IV-A of the Vail Vilaee Inn: l,ot O. Block 5-D, Vail Villaee First Filine/l00 East Meadow Drive. Aoplicant Josef Staufer Planner: Mike Mollica Kristan Pritz reviewed the staff approved minor amendment. Kathy Langenwalter was concerned the Vail Village Inn kept coming back and asking for more and morr, and thought the PEC should overturn the staff approval, as the roof change rcsulted in an increase in mass and bulk for the building. Dalton Williams thought part of the rationale for the condominium unit being approved was the fact it could fit under the existing roof form, and now he felt the applicants werc coming back to ask for more by stating it did not fit, and additional spaoe was needed- Mike Lauterbach, the project manager, said the change in the roof was made for window height and snow melt, as the Fire Department had expresscd concerns over the snow melt on the fire escape. Kristan clarified the PEC did not have to approve that part of the change. A general discussion took place regarding the roof form, the amount of common area in the project, and the project in general. Kathy was concerned with increasing the square footage of the project, stating she believed square feet was square feet, no matter what it was calle4 and it all affected mass and bulk. Planning and Environmental C.ommission . AVil27,1992 . Page 5 rr rr /4*4 IN'IER - DEP',RT},IENTAL RE\4EW PROJECT S E {*ohyi, ,rl /ac- s.Y>Z. W:.'1 .ot---/Zir; < DA'IE SI,EMITIED: COMMENTS NEEDED BY BRTEF oEScRtPloN oF tnr pRoposAr: 6*t Ml PUBLIC \i'ORKSReviewedb):- Cornrnen ls: ,t/ 1 ,,Vlq' ,kk-' / a""O '|\ 'd !" g/ \/ ^- flnrY .t P'r" L"o'il , 6p#l'' $^n^/ 7 ,a ,u') #W V d r*'b U) ,r) po' ,f{' r,? M'q-.a"{ v1otZ t.(o t l, WP ,,,n*',^ ({ ,f .r,n*'S,t&,k',: L,1LL 'b\ '' 0wpD / r$n ez a, a ", t;tJ,..n? tr {, 'b' 'i , *,,.1'f $:;.t* t irl,)ii:.4,*"&-l}{lf Tf t{ / t 5..Bti,.';n i" t h f -.f.'r \r'q1"i. b6"\.:t'l', \ F 't'\ ii&rl-\ ^ ^flra '.).',\i t ' TOWNIIOUSE DECI,ARATION FOR AtPIltE CnEEr TorltxotlE8 I|ICEAEL J. IAUTERBACH (trDeclarantr) is the owner of the realproperty (the rrPropertyr') situate in the County of Eag1e, State ofColorado, described in E:<hibit A attached hereto and nade a parthereof. Declarant desires to establish a townhouse proJect and todefine the character, duration, rights, obllgations lnd-tLnitationsof townhouse ownership. Buildings and related improvements are tobe constructed on the Property, which bulldlngs and inprovementsshall consiet of separately designated townhoube units. Declarant does hereby establish a plan for the ownership ofreal property estates in fee sirnple consisting of the rot on whictreach unit is located, such unit and the co-ownership, by theindividual and separate owners thereof, as tenants in Eonmon, ofall of the remaining real property. DECI,ARATION Declarant does hereby subject the property to this Declarationand publish and declare that the following terns, covenants,conditions, easenents, restrictions, uies, reservations,linitations and obligations shalL be deened to run with such land,shall be a burden and a benefit to Declarant, ite successors andassigns and any person acquiring or owning an interest in the realproperty which is or becones subject to this Declaration andinprovements built thereon, their grantees, successors, heirs,personal representatives, devisees or assigns. 1. Definitions. As usedotherwise expressly provided:in this Declaration, unless (a) The term rrAssociationrr means Alpine Creek TownhonesAssociation, a Colorado nonprofit corporation. (b) The tern !'building'r means any building inprovenentscontaining one or more units located in the property, andnbuildings'r means all of such bullding ircprovenents. (c) The tern rrconmon expensesrr means: (i) all expensesexpressly declared to be common expenses by this Declaration or bythe. bylaws of the Associationi (ii) alt other expenses ofadninistering, servicing, conservingt, managing, naintaining,repalring or replacing the general conmon elenentst (ilt) insurancepreniuns for the insurance carried under paragraph 9 hereini and(iv) all expenses lawfully deterrnined to be connon expenses by theboard of directors of the Associatlon. (d) The term rrCoumon Parceltr means the Coronon parcel described ln Exhibit A. (e) The term rrDeclarationt neans this instnrnent and allAmendnents or supplenents thereto }rereafter recorded in the recordaof Eagle County, Colorado. (f) The term nfirst lienorn means the holder of a ?romissory note pa!.nent of which is sesured by a flrst mortgage orfirst deed of trust encumberl-ng an intereEt in a townhous6 tinit.trlilortgagetr shall include a deed of trust, and rmortgageetr shallinclude the beneficiary of a deed of trust. (S) The terru rrgeneral conmon elementsr meanslParcel and all inprovements and fixtures of any kindlocated thereon. the Connon whatsoever (h) The term ',g;uestn means any fanily nenber, guest,tenant, agent, ernployee, Iicensee or invitee of an owner. . (i) Ttre term lourlerr means any lndividual , corporation,partnership, association, trust or other legal entity, orconbination of legal entities, which is the record osrner -of anundivided fee sinple interest in one or more townhouse units. ^ (j) Tbe term rrlotrr neans any one of nlot lt! or rrl.ot 2rldescribed in Exhibit A and any "additionar lot, as defined lnsubparagraph 2(b) herein. (k) The term trl'ot A'r means parcel A described in ExhibitA. (1) The term rrProjectn means the townhouse units subjectto this Decraration, which shall be known as Alpine creek Townhomesand sharl incrude the general conmon erenent-, all lots and a1lunits. (n) The term rrsharing Ratiorr of an owner means thepercentage deternined by dividing such ownerrs percentage interestin the,general conmon erements appurtenant to his tot, as set forthin Exhibit B attached hereto and-made a part hereof, by the totalof arr ownersr percentage interests in the generar conmon elementsappurtenant to their 1ots, as set forth in Exhibit B, andnultiplying the result by l_OO. (n) The tern rrtorrnhouse unitrr means a lot and the unitthereon, together wlth ttre undivided interest in the general comronelenents appurtenant thereto. (o) .The term trunitn means a building or a portion of abuiJ.ding that is designed and intended for use and occupancy as aresidential dwelling unit and is located on a }ot. 2. Division of Real property into Estates; Use and Occupancyof TownhouEe Units. (a) The Property is hereby divided into the ConmonParcel, Parcel A, Lot 2 and one townhouse unit designated as No. 1,with such townlrouse unit consisting of a fee sinpre estate in thelot designated with the corresponding number, the unit thereon, theinprovements, easements and rights located thereon or appurtenantthereto, and an undivided interest in the general sonnon elementsappurtenant to such lot, which interest is set forth in Exhibit B. - (b) Declarant hereby reserves to itself all right, titleand interest in the general conrnon elenentE not appurtenint to thelots, as set forth in Exhibit B, uhich lnterest oeclarant nay makeappurtenant to I.ot 2 and to lots (iadditional lotsr) containedwithin Parcel A, as set forth ln subparagraph 2(c) her-ein. (c) Declarant may hereafter, at any tLme and from tiueto tiue, (i) construct buildings on Lot z containing not more thanone additional unit, and (it) divide parcel A into additional lotsand construct buildings thereon containing not more than fouradditional units. fn each such case, Declaiant shall file in therecords of Eagle County, CoLorado, a supplenental Declaration inwhich it shall convey and attribute (froru its reserved interest ingeneral common elenents as described in subparagraph 2 (b) hereln)to each such Lot or additional lot upon which a unit is constructedan undivided 16.67 percent interest in the general comnon elenente(with additional lots, if any, upon which Declarant has deterninednever to construct a unit being nade a part of the general conmoneleuents by such Supplemental Declaration). (d) If Declarant should deternine at any time toconstrrrct ress than a totar of four additionar units on parcel A,all of Declarantrs reserved interest in the general common elementsthat has not become attributable to an additional lot pursuant tothe provisions of subparagraph 2(c) herein shall be conveyed and made attributable to the rots and additional lots of the owners ofsuch date, in the Sharing Ratios then in effect, by Declarantfiling in the records of Eagle County, Colorado, a S-uppleuentalDeclaration, which shall contain such conveyance therein. Suchinterests shall then becone appurtenant to the lot or additionalIot with respect to nhich it has been conveyed. (e) Each townhouse unit sha1l be inseparable and nay beconveyed, leased, devised or encumbered only as a townlrouse unit.Title to a townhouse unit nay be held individually or in any formof concurrent ownershlp recognized in Colorado. In case of anysuch concurrent ownership, each co-owner shall be jotntly andseverally liable for the performance and observance of aII theduties and responsibilities of an owner with respect to thetownhouse unit in which he owns an interest. (f) Any contract of sale, deed, lease, deed of ttrrst,mortgage, will or other instrunent affecting a townhouEe unit shalldescribe it by the lot conEtituting part of such townhouee unit andby the undivided percentage interest in the Conmon parcel appurtenant thereto. - (g) Each townhouse unit shall be consldered a separatelot of real estate and shall be separately asseEsed and taxed. . (h) Each townhouse unit shall be used and occupiedsolely for dwelling or lodging purposes. All of the above stiteduseg and occupancies shall be only as permitted by and subject tothe- appropriate and applicable- govLrnnental ioning aia uaeordinances, rules and regulations fron tine to tine in Lttect. Anosner shall have the right to lease his townhouse unit upon suchterns and conditions as the owner as the orrner may deen aavisalte;provided, however, that (i) any such lease shaLl Le in writing andshall provide that the lease is subject to the terms of thisDeclaration, (ii) a townhouse unit nay be leased only for the usesprovided hereinabove, and (iii) any taiture of a letsee to conplywith the terms of this Declaration, Artlcles of rncorporationlByraws of the Association, or the rules of the Association stratl bea default under the lease enforceable by the Association. (i) No trtime share estaterr or trLntenral estaterr, asdefined in the condominium ownership Act of colorado, or similarinterest whereby ownership of a townhouse unl-t is shared by ownerson a time basis, shall be established or created with re-pect toany townhouse unit. 3. Party Wa1I. (a) Each conmon wall, if any, whl.ch ls a part of theorigilal construction of the units plaied equally divLdea on thedividing line between any two Iots, the footings underlying and theportJ-on of roof over such narl are collectively referrea €o hereinas a rrParty Wallrr. (b) To the extent not inconsistent with thisDeclaration, the general rules of law regarding party walls andliability for danage due to negligence or intentional acts orouissions shall apply to the party walls. (c) The ownersr of any unit strall have a perpetual easement in and to that part of lny other unit on wtrich a party !{all, which they have used, is located, for party wall pur?oses,including mutual support, maintenance, repair ana inspeclion. Inthe event of danage to or destruction of a party wtll fron anycause, the owners, which have used such party WalI, shall at joint expense, repair or rebuild said party wall, and each owner shallhave-the right to the full use of said party Wall so repaired andrebuilt. Notwithstanding anything containld hereinab&e to the contrary' if the negrigence or intentional act or omission of any 91l9r or his guest shall cause damage to or destruction of a party WaIl , such owner shall bear the entire costa of repair olreconstrmction, and an owner who by his negrigent or intEntionalact or omission causes a party wali to ue exposed to the elementesball bear the full cost of furnishing the neceEsary protectLonagainst such etements. 4. General Common Elements; Encroachments. (a) The general conmon elements shatl be olrned in cornnonby alr of the owners and shall remain undivided. No owner shalraseert any right of partition with respect to the generar connonelenents. Each owner waives any and alf rights or partition he nayhold by virtue of his ownership of an undivided interest in trrlgeneral conmon elements as a tenant in conmon wlth the otherorrners. This Paragraph sharl not, however, liuit or restrict the IlSht of partition of a single townhouse'unit among the ownersthereof, uhereby the owners petition the court to sell thetownlrouse unit and to allocate the sole proceeds among the owners,but such right of partition shall nof be construed to mean aphysical division or partition of a townhouse unit, nor shalr suchright of partition affect any other townhouse uniti. (b) Each owner shal1 be entitled to use the general conmon elements in acsordance with the purpoEe for which they areintended, without hindering, inpeding oi inposing upon the rightsof the other owners and in accordance - wittr- the rules andregrulations dury estabrished fron tine to tine by the Associationand subject to the provisions of paragraphs 19, 19 and 20 herein. (c) There is hereby created an easement, upon, across,over and under all of the general conmon erements and- eacb rotoutside of the unit thereon for ingress and egress, installation,replacement,- repair and naintenance of all utilities including,without linitation, water, sewer, gosr telephone, television anitelectricity. An easement is further granted to aII police, fireprotection and arnbulance personnel, ind all sinilar persons toenter upon the general conmon elenents and each lot and unitthereon in the performance of their duties. Further, an easenentis hereby granted to the Association to enter in, onto, above,across or under the general common elements and each rot and unitthereon to perfonn the duties of naintenance and repair to any lot,unit or the general conmon elenents. Notwithstanoing anlthing tothe contrary contained in this subparagraph 4(c) and excep€ asprovided in Paragraph 19 herein, no seweri, electiical lines, waterlines or other utirities may be installed or relocated on thegeneral comrnon elenents or on any lot outside of the unit thereonexcept as approved by the Association, and any utillty or companyin the use of the utility easement grantta herein snarl ULresponsible for any danage to any general common element, lot orunit or cost incurred by the essoCiatlon as a result of such damage and shall be required to pronptly restore any of the general conmonelements, lot or unit disturbed or danaged by such utility orconpany in the exercige of any of their rights under the utility eaEement granted herein. Should any utility or company furnishj,nga setnrice covered by this easement herein request a specifl-easenent, including a vehicular easenent, the AssocLation may grantsuch an easement to the general conmon elenents or any lot outsideof the unit thereon by a separate recorded instnrnent withoutconflicting with the terms hereof and without consent of the ownerebeing reguired. The easements provided for in this paragraph shallin no way affect any other recorded easement to the generat comoneleuents. (d) If any portion of the general conmon elements nowencroaches upon any l-ot or unit, or if any lot or unit nowencroaches upon any other lot or unit or upon any portlon of thegeneral common elements, aa a reEult of the constructLon of anybuildlng, or if any such encroachment shall occur hereafter as Iresult of settling or shifting of any building, a valid easementfor the encroachment and for the maintenance of the same so long asthe building stands, shall exist. In the event any building, -any unit, any adjoining unit, or any adjoining general common elenenEshall be partially or totally destroyed as a resul_t of fire orother casualty or as a result of condennation or eminent donainproceedings, and then rebuilt, encroachments of parts of thegeneral common elements upon any lot or unit or of any lot or unitupon any other lot or unit or upon any portion of the general conmon elenents, due to such rebuilding, shall be pernitted, andvarid easenents for such encroachments Jnd the naintlnance thereofshall exist so long as the building shall stand. 5. Mechanicrs Liens; Indennification. (a) If any owner shall cause any material to befurnished to his lot or unit thereon or any labor to be perfonnedtherein or thereon, no ordner of any othei townhouse unit strattunder any circumstances be liable for the palment of any expenaeincurred or for the value of any work done br rnateriat furnished.AII such work shall be at the expense of the owner causing it to bedone, and such ouner shall be sotely responsible to contractors,laborers, materialmen and other persons furnishing labor ornaterials to his Iot, unit thereon or any improvements thereon ortherein. Nothing herein contained shall authorize any owner or anyperson dealing through, with or under any owner to charge thegeneral common elenents or any lot or unit thereon other than ofsuch owner with any mechanicrs lien or other lien or encurnbrancewhatever. on the contrary (and notlce is hereby given) the right and power to charge any lien or encunbrance of any kind against thegeneral common elements or against any owner or any ownerrs lot orunit thereon for work done or naterials furnished to any otherounerrs 1ot or unit thereon is hereby expressly denied. (b) If, because of any act or omission of any owner, anynechanicrs or other Lien or ordei for the paynent of noney snait uefiled against the general connon elenents- or against any otherowner (whether or nst such rien or order ls valid or enforceabre agsuch), the owner whose ast or omiseion for:ms the baEis for suchlien or order sharl at his own cost and expense cause the sane tobe canceled and discharged of record or bonded by a surety companyreasonably acceptabre to the AssociatJ-on, or to Euch other owner oiowners, within 20 days after the date of filing ttrereof, andfurther shall indennify and save alt the other unit owners and theAEEociation harmless fion and agalnst any and all costs, expenses,craims, losses or damages incruding, without ltnitationr' rea-sonableattorneysr fees resulting therefrom. (c) Labor perfor:med or materlals furnislred for thegeneral common elenents, if duly authorized by the AsEoclation, inaccordance with thls Declaration or its bylaws, shatl be deened tobe performed or furnished with the e)q)ress consent of each olrnerand shall be the basis for the filing of a lien pursuant to lawagainst each of the townhouse units. In the event a lien iseffected against two or more torrnhouse units, the orrners of theseparate townhouse units may reDove their townhouse units from thelien. by palment of the fractional or proportional amountattributable to each of the townhouse units attetted. rndividuarpalment shall be computed by reference to the Sharing Ratios.Subsequent to palment, diecharge or other satisfact!.on, thetownhouse unit shalr be released fron the lien paid, satisfied ordLscharged. Partial palment, satisfaction or d-ischirge shall notprevent the lienor from proceeding to enforce his rights againstany townhouse unit not so released or discharged. 6. Administration and Manaqenent. (a) The Project shall be adninistered and managedpursuant to this Declaration, the Artictes of rncorporation and theBylaws of the Association, Each owner shall be a member of tlreAsgociation and shaLl remain a uenber untlL he ceases to be anoltner. Declarant shall be a menber of the Assoclation (thetrDecrarant Menbershiprr) until such time as four townlrouse unitshave been constructed, sold and conveyed by Declarant. As membersof the Association, each owner is entitled to one vote. Declarant,pursuant to the Declarant Menbership, is entitled to one vote.Each menber shall conply strictly with the provisions of thlsDecraratlon and of the Articles of rncorporation and Bylaws of theAssociation. The Association shall fravL the right to pronulgate and enforce rules governing the use, maintenance and appearance ofthe general connon elenents, the buildings and the project ingeneral , and the Association shall have the right to assign parkingspaces, if any, in the general conmon elernents. Each member shallbe .bound by and shall comply with the rules, resolutions anddecisions of the Association auty uade or adopted in the manner setforth in ttris Declaration or in the Articlei of rncorporatLon or Bylarts. Failure of a nenber to conply with such provisions, rules,resolutions or decisionE EhaII be grounds for an action to recover danages or to obtain injunctive relief, or both, by the Associationon behalf of the owners or, in a proper case, by an aggrievedowner. In addition, the AEsociationrs Bylaws nay authorize theAssociation, during the period of any delinquency (i) to revoke adellnguent ownerrs right to use any portion of the general co'nrnonelenents designated for recreationat purposes, if any, and (ii) tosuspend a nenberrs voting prlvitegesi however, no such suspensionshall affect the rights of a flrst lienor. (b) The Association nay enploy or contract for theservices of a nanager provided that such emplolment shall be bycontract havJ-ng a term of no more than thres years and each sucLcontract shall be subject to cancellation by the AEsociation onninety days notice, with or without cause. rhe board of directors(the trBoards) nay not delegate to a manager the authori-ty to uakeexpenditures for capital addLtLons or improvements chargeableagainst any portion of the annual budget, as defined insubparagraph 8(b) herein, other than that portion specificallydesignated for capital expenditures. The nenbers of the goardshall not be liable for any onission or improper exercise by amanager of any such duty, power, or function so delegated bywritten instrument executed by a najority of the Board. 7. Irlaintenance and Repairs. . (a) Each owner shall be solely responsible formaintenance and repair of the inside of hls unlL inctuaing, withoutIlnitation, fixtures and iuprovements and all utility Lines andequipnent located therein and senring such unit only. Inperforming such maintenance or repair, or in J.nproving or alteringhis unit, no owner shall do any act or work which lnpairs anigeneral conmon elenent or the structural soundness of any unit,Party Wall or any building or which interferes with any easement. (b) The general conmon elernents shall be adrninistered,conserved, managed, maintained, repaired and replaced by theAssociation, which may have access to any lot or unit thereon frontine to tine during reasonable hours for such purposeE, or at anytime for the purpose of naking emergency repairs therein necessaryto prevent danage to the general connon elements or to another lotor unit. The costs of repairing any damage to a lot or unltresulting from entry therein for any sutn purpose shall be a sounon expenae of all the owners. However, if the need to nake such entryresults frou the negligence or intentional act of any owner or hLsguest, such owner shall reirnburse the Association for all the costsof repal-ring such danage and shall be Liable to the ottrer onnersfor all additional losseE or damages auffered including, withoutlinitation, reasonable attorneyrs fees. (c) Utility or service clnnections, Iines, facillties orr, Ili8 l\_-/ eguipnent located in or on any of the lots (but outside of theunits thereon) or the general conDon elenents, whether or notsenricing only one unit, tso or more units, the general connonerenents or any conbination thereof, shalr be owned as tenantE inconnon by the onners in undlvided interests according to theonnerar respective sharing Ratios then in effect, inatt beadninistered by the Aseociition as generar common elenents and,except for any expense or riabllity caused tb,rough the negllgenc-or intentionar act of any owner or his guest, wniLn shall 6e Sornesolely by such owner, all- expense and rialirittes concerned sithsuch property shall be deened conmon erq)enses. rn addition, theAssociatlon shallr ?s a coDlon expense, provide exteriormaintenance, .exterior repair and exterior riplicenent upon eachunit and the irnproved and uninproved portj.ons o-f ttre lot otitsiae ofthe unj-t located thereon including, without linitation, theexterior walls, the foundationE ana trre roofs housing the uniis andthe_sidewalkpr parking areas, decks, stairs, patlol, gardens andyard areas' if any, rocated on each lot. rf tha need for repair iscaused through the negligence or willfur act of any owner-or hlEguest' such owner shall bear the entire costs of such repair orreconstruction. The Association strall have a perpetuar easement lnand to that part of each lot and unit thereon as is reasonablynecessary for purposes of providing the naintenance, repair andinspection required hereinaLove. (d) Notwithstanding the foregolng, each oqrner shall payarl cosls of repairing any dauage to the geneial connon eLenentJorto any lot or unit other than his olm resultLng from the negligenceor intentional act of such owner or his gueat-. 8. Assessments for Coumon Expenses. (a) Each ovner shall pay his pro rata share of the common expenses, which proration shall be made on the basis of thesharing Ratios in effect on the date such corumon expense isassesEed. (b) The Board shall fix, deternine, Ievy and colLectannuar and special assessments to be paid by each of the owners tomeet the corDmon expenses and to create a contlngency reservetherefor. Prior to the beginning of each fiscal- yeir of theAssociation, the Board shall adopt a budget for that year. Thebudget sha1l include, but shall not be rtnited to, an eetinate ofthe costs of naintenance, repair and replacenent of the generaL common elements and all other itens required herein to bemaintained, repaired and repraced by the Assbciation, the cost ofutilities and other sern'l-ces to be piovided by the Association, thecoet of insurance required by paragraph 9 -herein, and proposedcapitar expenditures. The budget shall include an adeguate relenrefund for the naintenance, repair and replacenent of those generalcomnon erenents and those other items required herein to benaintained, repaired and replaced by the Asso-ciation that must be a replaced on a periodic basis in order that such naintenance,repairs and replacement [ay be paid for through regrularinEtalluents rather than by special assessnent. For theAsEociationrs first fiscal year, the Board EhaII adopt the budgetat the first neeting of the Board and designate the datE -of couDencenent of the first annual assessnent, with the costs formaintenance, repalr and replacement of the general cornnon elementEand those other itens reguired herein to be maintained, repairedand replaced by the Association and any reserve fund neededtherefor based on a good faittr estinate of those costsi saidestimate may be based on the coEts incurred by sinilar assocl-atlonsin_the general locale. Thereafter, the cost of rnaintenance, repairand replacement and any resen/e fund needed therefor shalr be onthe basis of the previous yearrs costE with such adjustnentstherefrom as the Board considerE appropriate. The budget shallarso include the annual asEessnent ior each torntrouie unit.special asEessments nay be levied uhenever in the opinion of theBoard it is necessary or advisabre to do so (i) to nLet increased.operating or maintenance expenses or costs, (ffl to provj.de foradditional capital expenseJ, or (iii) because-of e-mergencies;horever, if the proposed additional_ capital expenses at any giventime are or would be in excess of tLn perc-nt of ttre rnaiinr:nreplacement value of the buildings, i= deternined by theAssociation pursuant to subparagrapn S1c1 herein, in the aggregatefor any calendar year, such expenses nay be incurred onry aiter-theoltnerc r by the vote of 75.0t of the owners, approve such expenseE.All annual assessnents shall be based upon an approved budget; allottrer aaaessments shall be in itenized statement for:n and shall setforth the detail of the various expenses for which the assessmentsare being made. (c) The Board shall prepare and provide to each owner astatement for the annual. assessment and any speciar assessnentagainst his townhouse unit. Annuar assessments for the budgeted coDmon expenses shalr be paid in quarterry lnstallnents, each suchinstarrrnent due and payable in advance on the first day of eachcalendar quarter, or more frequent installnents as may bedetetmined by the Board. Speciat assessments shall be due andpayable as specified in the yrltten notice of such assessmentprovided by the Board. (d) The Board shall have the right to add to any ownerrsassessDent as provided in this paragraph those amounts expended bythe Association for the benefit of any individual townhouse unitand the olrner thereof including, wJ.thout limitation, fines(pursuant to rule adopted by the Association), repairs andreplaceruents (to any lot, unit or ttre general conmon elements)caused by the neglJ.gent or intentional acts of said ouner or hisguestsi maintenance, repair, care of and replacement of general common elements appurtenant to a townhouse unit; and all otherexpenditures Bylaws. *. fl l4o^ or charges provided for by this Declaration or the (e) If any assessuent shall remaLn unpaid ten daya afterthe due date thereof, the Board nay inpose a late charge on suchdefaurting owner in a reasonable anounf or an amount equal to l.spercent of such assessment, whichever is greater. Likewise, a latecharge in a-reasonabre amount or in an amount equal to 1.s percent 9-f thS unpaid assessment, whJ_chever is greater, nay be inposed onthe first day of each carendar nonth thereaftLr sb long as suchassessuent shall be unpai.d. Fal.lure to nake palment wlth{n 30 daygof the due date thereof also shall cause the tull anount ot gultr ownerrs regul-ar nonthly assesEnents for the remainder of that yearto become due and owing at once, at the optlon of the Board. Inthe event it shalr becone necessary for the Board to collect anydelinguent assessuents or fees, whether by forecloaure of a rieirhereinafter created, by cornmencrng of a court action or otherrll.se,the delinquent owner sharr pay, th addition to the assessment andlate charge herein provided, all costs of corlection, including areasonabLe attorneyrs fee and costs incurred by the Board -in enforcing palment. (f) All sums assessed but unpaid for the slrare of connonexpense assessed to any townhouse unit shalr constitute a lien onsuch townhouse unit in favor of the Association prior to arl otlrerriens and encumbrances, except: (i) liens foJ general propertytaxes and special assessmentsi and (ii) the lien of any lirslnortgage or first deed of trust of reeord encunbering suehtownhouse unit. The Associationrs ]ien sharl attach fron the dateyhel the unpaid asEessment shalr become due and nay be forecloEedby the Association in like manner as a nortgage on real propertyupon the recording of a notice or clain thereof executed ly ttreAssociation setting forth the amount of the unpaid indebtediress,the nane of the owner of the townhouse unit, and a description oithe townhouse unit. rf any such lien' is recorded by theAssociatJ.on, the onner sharl be reguired to pay the costl andexpenses of the preparation and recording of the Associatlon's lienincluding, without linitation, reasonable attorneyrs fees, orS175.00, wtrichever is greater. In any foreclosure of theAssociationrs rien, the owner sharl be required to pay the costsand expenses of such proceedings including, without linitation,reaEonable attorneyrs fees. During the period of foreclosure theowner of the townhouse unit subject to such action shalt berequired to pay a reasonable rental to the Association. TheAssociation shall be entitled to purchase the townhouse unit at theforeclosure sare, and to acquire, hord, lease, nortgage or conveythe same. (S) No owner shall- exenpt hirnself from liabiLity forpalment of his share of the conmon expenses either by waiver of theu:e or enjolment of any of the general conmon elements or byabandonuent of his townhouse unit. (h) In case ofunit sith respect to which sale or other transfer of a townhouse \' for connon expenses Ehall be unpaid, the purchaser or other tranEferee of an interest in suchtovnlrouse unit shall be Jointly and severarly liable with theseller or transferor thereof for such unpaid asBersnents.Notsithstandl.ng the abover oDy first lienor wnobbtains title to atosnhouse unit pursuant to the renedies provided in the nortgage orforeclosure of the rnortgage wilr not be riable for such -unitrs g1tp?id dues or charges which accrue prior to the acquisition oftitle to such townhouse unit by the first lienor. (i) Upon written reguest of any owner, mortgagee,prospective mortgagee, purchaser or other prospective trangfeieL ofa tosnhouse unit, the Association shall ileue a vritten statementsetting. forth the anount of the unpald conmon expenses, if any,with respest to such townhouse un{t, the amount -of thir curreninonthly assessnent, the date on which such assesement became orshall become due, the amount of any other charges due and owingfrom such orrner and the amount of any credit for prepaid expenses.sgch- statement, for which a reasonable tee nay UL charged, ishinding upon the Association in favor of any peison who niy retythereon in good faith. unress a request for sucn statemenC shaube conpried with within ten days after receipt thereof, aLl unpaidcoumon e)qpenses which became due prior to the date of naking -uch reguest shalL be subordinated to the lien or other intereEt or tnepersron requesting such staternent. (j) Any party in favor of whom a lien on a townhouseunit has been created rnay but shall not be required to pay anyunpaid conmon expense with respect to such townhouse uni.t, a-nd- upoirsuch palment sush party sharl have a rien on such townhouse unitfor the amount so paid of the sane rank as the lien theretoforeexisting. (k) The Association nay require each orvner, other thanDeclarant, to deposit with the Association, without interestaccruing to the owner, an amount not exceeding three tines theanount of one monthts cotFqon assessment levied against thetownhouse unit owned by such owner, which amount shall be herd bythe Association as a resenre to be used for paying such owner.speriodic coumon assessments, paying such -owier,s specialassessments, for working capital or other reasonable purposeadetemined by the Association. such reserve payment sharr notrelieve an owner from making regular paynent of iornnon aEsessnentsor palment of special assessnentE as the sane become due. Upon thesale of a townhouse unit, the owner thereof shall be entitled to acredit from his grantee for any unused portion of such reserve,which amount then herd by the Association shalr be transferred onthe Associationrs books to the account of the grantee. (1) Each owner hereby agrees that the AssociationrE lienon a townhouse unit for assessments as trereinabove dessribed shaLlbe superior to the Homestead Exenption provided by S38-41-201, et.seg. (C.R.S. ) , and each owner hereby agrees that the acceptance of L2 the deed of other instnruent of conveyance in regard to anytosnhouse unit shall signlfy suclr granteerE saiver of the HouesteaiExenption granted in said sectlions of the cororado RevisedStatutes. 9. Insurance. (a) The Association shall, on behalf of the owners: . (i) keep the buildings (including alt of theunits and all fixtures therelnr- but nof includingfurniture, furnishings, or other personal property lupplied or installed by owners) lnsured against- LoEE ordanage by flre, with extended coverage (lncludingtnsurance against loss or danage by vandalien ormalicious uischief), In at leaEt thJ amount of themaxinum replacement value ttrereof, deter:mined inaccordance with subparagraph 9(c) herein; (ii) provide and keep in force, for theprotection of the Association, its offlcers anddirectorsr lnd all the orrners and first lienors, generalpublic liabifity and property danage insuranci igainstclaims for bodily inJury or death or property &auageoccurring upon or in the general connon CtenentJ or uponsuch parts of the lots outside of the units Localedthereon, in linits of not less than glrooorooo for bodilyinjury or death to any nunber of persons'arLsing out o?one accident or disaster, or for danage to property, andif higher linits shall at any ttne Ue tuslona-rT toprotect agalnst possLble tort liabiltty, such higherlinits shatl be carried. ( iii)carry insurance in such anounts asthe Association may consider necessary or advisableagainst such other insurable hazards as nay from tine totine be cornmonly insured against in the cise of sinilarproperty in sinilar locations elsewhere. - (iv) carry directors and officers liabilityinsurance in such amounts as the Association may consideinecessary or advisable. (b) All insurance required to be carried under thisParagraph shall be carried in favor of the Association, the ownersand all first lienors, as their respective interests may appear.Each policy of insurance sharl contain a Etandard nortgagLe Llausein favor of each first lienor of a townhouse unit wtricrr shallprovide.that the loss, if any, thereunder shall be payable to suchfirst lienor, as its interesl may appear, subject, Loiever, to theross palment provisions in favorbt -the associltion hereinafter setforth. Arl policies of insurance against damage to the building 13 and fixtures shall provide that losses shall be payabre to andadjusted with the Association, a6 attorney-in-fact ioi trre owners.Tbe Association shalr hold and apply the ploceeds of such insuranceas set fortlr in this Declaratl-on. Each insurance poricy shal1provide that no cancellation thereof rnay be made by the inlurancecarier without having first given 30 daysr prior written noticethereof to the Association, the osners and art-first Lienors. Eachinsurance poricy ehall also contain a rseverability of interestdendorsement, that pro-rrides in case of violation of any provisionthereof by the Association or one or more (but ress than all) oflhe owners' the coverage of such policy itralt be suspended orinvalldated only as to the interest or thdAssociatlon or the owneror olrners cornmitting the violation and not as to the interest ofany otlrer owner. AlL poticies of physicar d^nage insurance shallcontain uaivers of subrogation anb br any def6nse baaed on co-insurance. Duplicate originars of all poticies of physical danageinsurance and of all renewars thereoi, together-witn proof 5rpalment of preniuns, shall be delivered to -arl first li-enors atleast ten days prior to expiration of the then current policies. (c) The. maximum replacement value of the buildlngs(which shall indicate the rnixinun replacement value of eacntownhouse unit contained therein), without deduction fordepreciation, sharl be deterruined by the Association prior toobtaining any policy of fire insurance or any renewar ttiereof bymeans of one or more written appraisars made by cornpetentldisinterested appraisers; however, ippraisars need nol le oLtaheinore .frequently than at one-year intervals. copies of suchappraisals shalr be furnished tb each owner and each- first rienorof a townhouse unit. . (d) Each oqrner shall be responsible for all insurance 9o.ve1ing loss or danage to personar property in his unit and uponhis rot and liability for injury, aeattr br alnage occurring insiaehis unit or upon his lot. any such poricy sharl contain waivers ofsubrogation qnd shall be so writtln that the liability of thecarriers issuing insurance obtained by the Association sha-rr not beaffected or dininished thereby. 10. Appointnent of Attornev-in-Fact. Each owner by hlsacceptance of the deed or other conveyance vesting in hin aninterest in a townhouse unit does irievocably coistitute andappoint (a) the Association with full power of sribstitution as hl-strue and lawful attorney in his name, prace and stead to deal withsuch interest so as to give effect -to the provisions of thisDeclaration including, tithout 1inJ_tation, as set forth inParagraphs 4 and 18 herein and upon danage to or destruction of anybuilding or. real property aJ herein-after provided, and (bjDeclarant, with furr power of substitution as his true and lasfulattorney in his name, place, and stead to dear with such interestin order to effectuate- the reserrrations contained in paragraph 19herein, each with full power, right and authorization to 6xetute, L4 acknouledge and deriver any contract, deed, proof of loss, releaseor oth,er instrument.affecting the lnteresi br suctr ouner, and totake_ any other action, which the AsEociation or Declarant nayconsider necessary or adviEable to gLve effect to the provisions oithis Declaration. rf requeated t-o do so by the AJsociatl-on orDeclarant, each owner shall execute and- deliver a writteninstrtrnent eonfirnJ.ng such appointnent. The action of theAssocl-ation in settling any aanaqe or condennation claim shall befinar and binding-on arl ownere.: No orrner shall have any rightsagainst the Assoiiation or any of its officeis or directors withrespect thereto except in case of fraud or gtross negligence. U. - Danage or DestfuctLon. In caae of danage to ordestruction of any building oF any part thereof by -.tty caugewhatsoever, the As.soqiation 1as attorney-in-fact for the -owners; sharl cause the building to be repaired ind restored, applying thiproceeds of insurance for thatr purpoge. rf thd prbcLeas ofinsurance are not sufflcient to p-ay the costs of relairing andrestorlng the building, the diftelence between th; insu-ranceproceeds and the costs of repai.r and restoration shall be a cornmonexpense to be assessed to all townhouse units and pald by al.lgyTers as provided in paragraph 8 herein. Nothing containLa intlr: Paragraph shalr be construed as irnposing any liabilitywhateger on any first lienor to pay alr or any part ot Ltre costs oirepair or restoration. , . - 12. ouarity of work. Any repairs, renovation or restorationgF tlr" real qroperty or any building covLred by this Decraration bythe Association as attorney-in-fact for the owirers shall be done iirsuch manner as to nake the real property or the building at leastas vaLuabre after such work ai it was innediately blfore theoccurrence requiring the work to be done. 13. Amendnent or Revocation. . (a) This Declaration may be anended or revoked upon thewritten approval in recordable fo-rn of 75.0t of the owners and75.0t of the first lienors, except that the provisions of thisParagraph 13, the provisions of subparagraphs 2(a), 2(el , 6(a), andI (a) herein and Exhibit B rerating to ihtereitj iii iire 'gerieral common elements .nay be amended only upon such approval of allowners and all first lienors. (b) Notwithstanding the provisions of subparagraph 13 (a)herein to the contrary, (i) oeirarant nay anend this-Decfarition'a3other:vise specifically set forth tn ttris Declaration, and (ii) sorong as Declarant continues to own one or nore tosnhoirse units, noriglt-of Declarant contained in thls Declaration may be anended,nodified or revoked without the prJ-or written consent-of Declarant. _ _ 14. Propertv for Connon Use. The Association may acquire andhord for the use and benefit of iu owners, real prop6rty,- as long 15 as such real property is purchased at a foreclosure sare or if suehproperty is to be used as a [anagerrs unit, and tangible andintangibLe personal property and nay-dispose of the sane 5y sale orotheryise, and the beneficial inteiest ln any such propeft,y sharlbe.owned by the owners in the aane proportlon as thiir-resiectiveinterests in the generar comnon- el-ements and shall not betransferable except with a transfer of a townhouse unit. Atransfer of a townhouse unit shall transfer to the transfereeownership of the transferorrs beneficLar interest Ln such propertywithout any reference thereto. Each owner may use such pro-perty iiraccordance with the purpose for whLch it -j.s intendeh, -witf,out hindering or encroaching upon the rawfur rights of trre otherowners. The transfer of title to a townhouse unl-t underforeclosure shall entitle the purchaser to the beneficiat interestin sucb property associatea vitn the foreslosed townhouse unit. - _ _ 15. &g.istlation bv owner of Mailing Address. Each ownershall. r_egister his nailing address wittr -€tre association, and,except for monthly, statenents and other routine notices whl-ch maybe sent reg"ular nail, postage prepaid, addressed in the nane of theowner at such registered naiting address, all other notices ordenands intended to be served upon an olrner (whether by theAssociation or another owner) shall-be sent certified naJ.l, po'stageprepaid, addressed in the nane of the owner at such r6gisterEarailing address. Alr notices, demands or other notices int6nded tobe -served upgn the Association shall be sent certtfled mail ,Postagg prepaid, to the address of the Association aB designated inthe Bylaws of the Association. L6. Dur4tion gf Declaration. Each provision contained inthis Declaration which is sulject to the llns or rules sometineereferred to as the rule against perpetuities or the ruleprohibiting unreasonable restrlints oi atienation shatr continueand remain in full force and effect for the period of 2L yeargfollowing the death of the last survivor of uiihaer r,auterbalh oruntil this Declaration is terninated as hereinafter provided,whichever first occurs. Arr other provisions contained in trri!Ileclaration shall continue and remain in fulr force and effectuntiL January L, 2o2o, and thereafter for successive periods of tenyears each, unless at least one year prior to January I, ZOZO, orat reast ^one year prior to the expiiation of any such ten yearperrocl of extended duration, this Declaration is terminated byrecorded instrument, directing termination, signed by alr ownerland all first lienors. . L7. Architectural Control . No building, fence, wall or otlrerimprovement or structure stratt ue conmenced,-erected or naintainedupon the Property, nor shall any exterior addition to or change oralteration to the buildings be made until the plans andspecifications showing the nature, kind, shape, trelgtit, color,materials, and location of the sane shall have treen s-ulrnitted toand approved in writing as to harnony of external desigm and 1.6 Iocation in relation to surrounding stnrctures and topography bythe Board or by an architecturar Cornrnittee conposed or-tniel oi[ore representatlves appointed by the Board. rn the event theBoard, or its designated couittee, faLls to approve or disapprorreEuch. _d.eeig-n and location vithln 30 days arttr said pranJ andspecifications have been subnitted to it, approval wlLI not berequiled and this taragraph wiII be deened -to have been fultyconplied with. After receivlng the approval of the Board, th6ouner shall thereafter obtain all other approvals as nay bereguired by the Master Decraration and by lny governnenta-l orguasi-governnental entity having jurisdictlbn over- the project. 18. Elements. eagenent,the right to grant use of, by less thancruners or by nonownera and with or yithout charge as 20. Restrictive Covenants and Obliqations. The Association shall haveIease, Iicense or pernit the byall theAssociation may deen desirable, any portl-on of ttre gendral connonelements or any townhouse unit ownea by the assoclation. Therights granted to the Association in ttrlJ paragraph 18 shall onlybe used in the promotion of the collective trelt interest of tlreowners. 19- General Reservations. Decrarant reserses (a) an easementand right of way upon, acrosE, over, under and throujtr-inproved anduninproved parts of the general conmon elenents, -to ttre extentneces8ary or convenient (aE detemined in Declarantrs solediscretion) for construction of additional buirdings andimprovements on the Property incruding, without rinitati6n, the Tigft of Declarant and- itJ agents, 6nployees, contractors andinviteeE to ingress and egresg over the-geierai connon elements,the rlght to naintain facirities on the general connon elementiincluding, without linitation, a business office, storage areaa,construction yards, signs, rnoder townhouse units, sares offices,construction offices and parking areas for construction personneiand prospective tenants or purchasers of townhouse uni€s in theProjectt and (b) the right to establish and grant easements upon,across, over, under and through the generar connon elements to theextent necessary or convenient (as determined Ln Declarantrs Eolediscretion) to provide access and/or utility Eerrrices to theProperty. (a) No Inperilinq of fnsurance. No owner and no ownerrsinvitees shatl do anything or cause anything to be kept in or onthe Project that night result in an increaje in the prerniums ofinsurance obtained for the project or which night causecancellation of such insurance without ttre prior written -consent ofthe Associatl-on first having been obtained. (b) No VioLation of Law. No owner and no orrnerrsinvitees shall do anything or feep anything in or on the project L7 shlch would be innorar, inproper, offensive or in vioration of anystatute, rulg' ordinance, regulation, perait or other varidr.yinposed requirernent of any govlrnmental 6oay. (c) No Noxious, Offensive. Hazardous or AnnovinqActivities. No noxious or offensiupon any part of the project nor shall anythLng be done or placedon or in _any part of the project strich is-or may beco:ne anunreaaonable nuisance, disturbance or annoyance to bthers. No Sctivity shall be conducted on any par! oi ttre proJect and nolnprovenents shall be made or const-ructed on any i".t of theProject which are or night be unEafe or hazardous to any peraon orproperty. No sound shall be enitted on any part of fhe projectthat is unreasonably loud or annoying. ro odbfEhall be enittei onany part of the Project that is noxl-ous or offensl.ve to others. Nofight shall be enitted fron any part of the project that isunreaEonably bright or causes unreasronable glare. . (d) No Unsiqhtliness. No unsightliness strall bepemitted on or in any part of the project. wittrout lluiting thegenerarity of the foregoing, nothing shall be kept or stored 6n orir-t any of ttre general conmon elements, nothing shaLl be hung orplaced upon any of the general conmon elenents,- and nothing slallbe placed on or in windows or doors of the proJect, whiclr rr6uld ornigbt create an unsightly appearance. - (e) Restriction on Aninals. No animals, Iivestock,horses-or-poultry of any kind shall be kept, raised oi bred on anitr-ot, w-ithin any unit or within the general conmon elements, exceplthat dogs, cats or other donesticated househord anirnals not toexceed tr'o in nunber nay be kept by an owner as houEehord pets solong as such pets are not a nuisanci to any other owner. Householdpets sharl not be arrowed on the general comnon elements unlessacconpanigd b)r an ohrner or an owneris guest and unless said pet isunder their direct control by use of a leash not to exceed ten feetin length. No aninals shall be allowed to remain tied or chainedto any decks, balconies, patios or other parts of ttre project, andany s_uch aninal(s) so tied or chained nay be removed by theAssociation or its agents, at the expense of tne owner of suchaninar(s) and without liability to the Association or its agents. (f) Restrictions on Sicrns. No signs or advertisingdevices of any nature shalL be erected or naintalned on any part oithe Project without the prior written consent of the association.The Association shall pemit the placing of at least one sign ofreasonabre size and dignified fom to identify the project and theunits therein. - (9) Trash and Unsiqhtlv Uses. Unsightly objects androaterials shall not be placed upon any part of the erojebt and nopart of the Project may be used as a-dunping ground for garbage,trash or other waste, and the same shall be disposed of in a 18 Banitary manner. The AssocLatlon sharl have the right to enterupo+ ?nJ, part of the project to remove such refuse piles or otherunsightly obJects and nateriar at the expense of thd owner "au"ingthe sane, and such entry shall not be deened a trespass. (h) Parkinq Areas. No vehicle of any type nay be parkedon the general conmon erenents except in parking spaces-aesigmatedby the. Association. No conuerciar {1pe o} vehicle aia norecreationar vehicres sharl be Etored oi- parked on the project(including, without linitation, on any Lot tinress parked withi-n anenclosed. garage) except in areas, -if dhy, deslgnated by theAssociation. A recreatlonal vehicle shalr fnclude for purpoies orthi-s Declaration, no!o1 hones, motor coaches, buses, pilnri trrrckswith-camper_tops or sinilar acceEsories, boats, canpirig trairers ortrallers of any tlpe. parking spaceE shall ud uslea only forparking autornobiles and notorcycres and not for any other stbragep-urposes. Motorcycles shall not be stored on porches, balconiei,decks, patios or yard areas located on any lot-. (h) No Violation of Rules. No owner and no ownerrsgruests shall violate the rules and regrurations adopted fron time totJ-ne by the Association, whether reriting to the rise of units, theuse of general conmon elenents or otherwise. Deternination with respect tb whether or not a particularactivity or oscurrence srritt constitute a vioratiori of ttrisParagraph 20 shall be nade by the Board and shall be final .. 2L. Effect of Provisions of Declaration. Each provision ofthis Declaration, and agreement, pionise, covenant and-undertakingto comply with. each provision of this Declaration, and aninecessary exception or reservation or grant of title, estate, righlor interest to effectuate any provision of this Declaration: (ilshall be deemed incorporated in each deed or other instrument-bywhich any right, title or interest in any townhouse unit iagranted, devised or conveyed, whether or not let forth or referredto in such deed or other Lnstrument; (ii) shall, by virtue ofacceptance of any right, title or interest in any townhouse unit byan owner, be deemed accepted, ratified, adopted and declared as Ipersonal covenant of such onner and, as a personal covenant, sharlbe binding on such olrner and his heirs, p6rsonal representatives,successors and assigns; and, strall be deemed a personar covenantto, with and for the benefit of the Association lnd of each ownerof any townhouse unit; and, (iii) shall be deemed a real covenantby Declarant, for itself, its successors and assigns, and also aneguitable serrritude, running in each case, as a burden with andupon the title to each and every townhouse unit. 22.. Enforcement and Remedies, Each provision of thisDeclaration shall be enforceable by lhe associa{ion or by any ownerby a proceeding for a prohibitive or nandatory inJunction aniTor bya suLt or action to recover damages. rf court proceedings ari 19 instituted in connection with the rights of enforcenent and -renedle.s _provided in this Declaration, t[r,e prevai]ing party shalrbe entl.tred to recover its coets ind eilrenses i-n - conirectiontherewith incruding, without liuitation, ieasonable attorneyslfees. FaLrure by the aeEociation or by iny onner to enforce inyprovielon, covenant or restriction nerlin contained in no eventshall be deened a waiver of the right to do Eo thereafter. 23. General . (a) If any of the provisions of this Declaration or anyparagraph, sentence, clause, pbrase or word, or the appllcationttrereof il aly circumstance be invalidated, such invariiity sharlnot affect the varidity of the renainder of thls Declaratl6n, andthe application of any such provision, paragraph, sCntence, clause,phrase or word in any other clrcunstinces shall not be'affectedthereby. (b) The provisions of this Declaration shall be inaddition and suppremental to the condoninium ownershlp Act of theState of Colorado and to all other provisions of law. (c) Whenever used herein, unless the context shallothervise_provide, the singular nu:nber sharr include the prural ,the plural the singurar, and the use of any gender strall -includi all genders. IN WITNESS I{IIEREOF,Declaration this day Declarant has dul.y executed thisof ilune, L992. Michael J. Lauterbach 20 o STATE OF COI6RADO COT'NTY OF E.LGI,a ss. The foregoing instrunent was acknowledged before me this _day of June, L992, by Uichael J. Lauterbach. Witness ny hand and official seal. lly connission explres: Notary Public llhe undersigmed holder of a certain deed of trust upon theproperty covered by this Declaration, recorded in Book _bt fage - of the records in the offlce of the Eagle county, Colorad5,clerk and Recorder, hereby consents to the ioregoing beclarationand subordinates its interest in the property destrtbLd therein tothe rights and obrigations createo trrereby. Notwithstanding suchconsent and subordination, all the rights of Declarant in ind tosuch property shall remain enculobered by such deed of trust. VAIL NATIONAI-, BANK (SEAL) BY: Lisa M. Dillon, President STATE OF COIORADO )) ss. conNTV oF EAGLE ) The foregoing instrunent waa acknowledged before ne thls _day of June 1992, by Lisa l.l. Dillon, as president of vail NationarBank. I{itness my hand and official seal . My connission expires: Notary Public 2L 1. 2. 3. 4. 5. EXIITBTT A (Attached to and nade a part of TornhouseDeclaration for Alpine Creek Townhones.) LEGAL DESCRTPTTON THE FoLIoI{rNc PRoPERTY L,oeeTED rN IHE cottNTy oF EAcLa, STATE oF COIORADO: Idf 1, LPT 2, PARCEIJ A AlfD TllE COUI|ON PARCEL, ACCORDINGTO FINAL PI,AT ATPINE CREEK TOWTfiO}TES PHASE I TOTNN OFVAIIJ, EAGT.E COtnflY, coIoRADO. EXCEPTTONS TO TTTI.,,E ceneral taxes and assessments for the year 1992 and for a1lsubsequent years. This Declaration including, without limitation, all ter:mE,conditions, stipulations, reserlrations, reEtrictions,easements and rights of way contained herein. A1I present and future plats of the property including,without linitation, all reienrations, restriitions, easemenisand rights of way sontained therein. Existing building and zoning ordinanceE and codee. The effect of inclusions in any general or speciflc waterconservancy, fire protection, soil conservation or otherdistrict or inclusion in any water senrice or streetinprovement area. Resenrations or exceptions contained in U.S. patents, or inActs authorizlng the issuance thereof, recorded June 15, 19lgin Book 93 at Page 15 and recorded Octobet 4, l9l.B in Book 93 lt Page 301- reser:ving 1) Rights of the proprietor of a vein orIode to extract and remove his ore theiefion and 2) rights ofway for ditches and canals constructed under the authoiity ofthe United States. Easement conveyed to Holy Cross Electric Association, Inc., byJohn H. Dunhau, recorded Septenber 6, ]-gTg Ln Boolc 290 at page 651 as Reception No. t8?050. Order of Inclusion in the Vait Village West Water andSanitation District, recorded ltarch 13, igzs in Book 282 atPage 833 as Reception No. L7924A. 6. 7. 8. 9.Any guestions, dispute or adverse clains as to any loss orgain of land as a result of any change in the river bedlocation by other than natural causes, or alternatLon throughaccretion, reliction, eroding or avulEion of the centerthread, bank channel or flow of yaters in the core Creek lyingwithin subject land and, any questions as to the location oisuch center thread, bed, bank, or channel as a legaldescriptlon Donument or narker for purposes of describing orIocating subject lands. lll recording referenceE are to the real property recordsin the Office of the Clerk and Recorder of Eagle County,Colorado. NO4[E: EXIIIBIT B (Attached to and nade a part of TownlrouseD,eclaration for Alpine Creek TownhoueE.) Interests Ln General Co on Elements Iot 1 Percentage Onnership in General Connon Eleuents Appurtanant to tlreIot 16.64 I Revised 5/L/92 TPPITICITION FOR IIINOR SUBDIVISION REIf,III{ CIAPIER L?.zO \IAII. }II'NICIPAI. CODE({ oR rErER rots) 4tC-L14+ I'IATLTNG ADDREss 6n* alul V.,, !r , Co OI'INER ,t-\a l-. ".. s(- a+rl Vr., -f pHoNE 4 tL -6r1( c.LOCATTON OF PROPOSAL (STREET ADDRESST ltf,O 7. Fr.uL<. Ql d.s* o -t (PIEASE PRINT OR TYPE)A. APPLICANT ha r'a-l B.PROPERTY ot{NER' S MAILING STGNATURE ADDRESS LOTS a-a BLOCK 2s0.00 SUBDIVISION D.pArD ro hg ftz-i--CHECK # ctsd SUBMT ,r( F. z- ha r'r-L <.- | Alf ,t-- Ct.-* Tl^,-5.g The first step is to request a meeting with the zoningadninistrator to assist. t.he applicant in meet,J.ng thesubmittaL requirernents and to give the proposal apreliminary review. TTAL P€QUTREMENTS The applicant shall submit three copies. two of which must be mylars, of Lhe proposal following therequirements for a final plat below. Certain of theserequirements may be waived by the zoning administrat.orand/or the Planning and Environmental Commission if determined not applicable to the project. A l-ist of all adjacent property owners (including thosebehind and across the streeL) with their MAfLING ADDRESSES shalL also be submitted. In addition, submitaddressed, stamped envelopes for each of the above. 3. Title Report verifying ownership and easements.(Schedules A & B) 4. An envi.ronmental impact report may be required asst.ipulated under Chapter 18.56 of t.he zoning code. 5. FINAL PLAT - REQUIREMENTS AND PROCEDURE: (Some of t.hese requirements may be waived.) A. The subdivider shall submit four copies of thefinal plat, two of which shall be mylars, twelvecopies of the final EIR (if reguired) and anyadditional material as reguired below. Withinthirty days of receiving the complete and correctsubmittal for a final plat, the zoningadninistrator shall cause a copy of a notice ofthe time, place and general nature of the hearing and proposal to be published in a newspaper ofgeneral circulation in the town of Vail at feastfifteen days prior to said hearing. Also,adjacent property owners to the proposed subdivision shall be notified in writinq at least seven days prior to the public hearing. o tl e iB.Final PIat - Staff Review. The final plat shall be circulated to and reviewedby the townts departments, including, but notlimited to Public Works, Transportation, Comrnunity Development, Recreation, Adninistration, Police and the Fire Department. Comments and concerns ofthese departments will be forwarded to the PECprior to the public hearing. Final Plat and Supplementarv l'laterial - contents. The final plat and supplementary material shallconlain the following information: 1. The final plat shall be drawn in India ink,or other substantial solution, on areproducible medium (preferabJ-y mylar) wit.h dimension of twent.y-four by thirty-six inches and shall be at a scale of one hundred feetto one inch or larger with margins of one andone-half to two inches on the left and one-half inch on afl other sides. 2. Accurate dimensions to the nearest one- hundredth of a foot for all lines, angles and curves used to describe boundaries, streets,setbacks, a11eys, easements, structures, areas to be reserved or dedicated for public or conmon uses and other important features.AII curves shall be circular arcs and shallbe defined by the radius, central angle, arc chord distances and bearings. All dimensions, both linear and angular, are tobe determined by an accurate control survey 1n the field which must balance and closewithin a limit of one in ten thousand. 3. North arrow and graphic scale. 4. A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all sLreets. 5. Names of all adjoining subdivisions lrithdotted lines of abutting 1ots. If adjoiningland is unplatted, it shall be shown as such, 5. An identification of t.he streets, alleys,parks, and other public areas or facilitiesas shown on the plat, and a dedicationthereof to t.he public use. An identificationof the easements as shown on the plat and agrant thereof to the public use. Areas reserved for future public acquisition shallalso be shown on the plat. 7. A written survey description of the areaincluding the total acreage to the nearestappropriate significant figure. The acreageof each lot or parcel shal1 be shown in this manner, as well-. 8. A description of all survey monuments, both found and set, which mark the boundaries ofthe subdivision, and a description of all monuments used in conducting the survey. Monument perirneter per Colorado statutes. Two perimeter monuments shatl be established Revised 5/L/92 lievised 5/l/92 (PLEASE PRINT OR A. APPLICANT 33::,ffi :il;3:.iffi "i?"*""'* }PPLICETION FOR S$ICI.E FNMILY ST'BDNESION CEAPTER L7.25 \TAIL HI'NICIPAI. CODE TYPE)'lnr*<-(^a.-( S Lc..{.-L+cL tE? JUN 1 11992 €ilN'lol'L {" MAILING ADDRESS ?-o . (lov 34 5l Vc,1 trLrB B. PROPERTY m ,'c-l^lc-1. f,Lc..1.'5 * -1 ONNER'S SIGNATURE 4tL- 61 4+p^l i, N&a/' +1c-c MATLTNG ADDRE'S '/ 5rt* 0, I r /l LOCATION oF PRoPOSAL: &,4,1Ct4'l srREEr eooxnss / 6 {o 5 . F", J-l < R {. ["t .c P a Lor-BlocK-suBDrvrsron 4f ""2- Cr.-* r rLrNG o"N'" / App,,rcArroN FEE $100.00 pArD .L cHEcK * c4i1 pe-|a-o I -' /- l'*at*- MATERIALS TO BE SUBMITTED, ,r*,"T, *r.*"-v+41. Two mylar copies and one paper copy, of the subdivision plat --/.shalL be submitted. to the Department of Community Development,/r- The plat shall lnclude the following: t.r,/ x.-t ^,/a. The final plat shalf be drawn by a registered surveyo, in L// ( t/ fndia ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimension of twenty-four bythirty-six inches and shalt be at a scale of one bundredfeet +-o one inch or large:: with margins of one and one-ha'l fto two inches on the l-eft and one-half inch on all other sr-oes . Accurate dimensions to the nearest one-hundredth of a footfor all lines, angles and curves used to describe boundaries, streets, setbacks, a11eys, easements,structures, areas to be reserved or dedicated for public or cornmon uses and other imporLant features. All curves shallbe circular arcs and sha1l be defined by uhe radius, centralangle, are scored distances and bearing. AIl dimensions,both linear and angular, are Lo be determined by an accurate conLrol survey in the field which must balance and closewithin a limit of one in ten thousand. North arrow and graphic scale. A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all streets. An identification of the streets, alleys, parks, and otherpublic areas or facilities as shown on the pfat, and a dedication thereof Lo the public use. An identification of the easements as shown on the plat and a grant thereof to t.he public use. Areas reserved for future public acquisition shall also be shown on the plat. A written survey description of the area including the total acreage to the nearest appropriate significant figure. The acreage of each lot or parcel shaLL be shown in this manner as welL. A description of all survey monuments, both found and set, which nark the boundaries of the subdi-vision, and a description of all" monuments used in conducting the survey. Monument perimeter per Colorado statutes. Two perimeter monuments shall be established as najor control monuments, the material"s which shall be determined by the ;own engineer. n v/6. / , d' ,/ .4 ,/' ' a/'r'"' h. *.:.*;tr,:I..n. land surveyor extinins how bearins base A certificate by the reglstered land surveyor .as outlined inChapter L7.32 of this title as to the accuracy of the survey and plat, and that the survey was performed by him in accordance with Colorado Revised Statutes !973, Title 38,Article 51.. A certificate by an attorney adritted to practice in theState of Colorado, or-=cqrporate title insurer, that the owner (s) of record dedicaling to the public the publicri-ght-of-way, areas or facilities as shovrn thereon are the owners thereof in fee sinple, free and clear of all liens and encumbrances except as noted. The proper form for fil.ing of the plat with the Eagle Countycferk and recorder. Al"1 current taxes must be paid prior to the To!'rn's approvalof plat'. This includes taxes which have been billed but arenot yet due. The certificate of taxes paid must be signedon the plat or a statement from the Eagle County AssessorsOffice must be provided with the subnittal informationstating that aLL Uaxes have been paid. Certificate of dedication and ownership. Should thecertificate of dedication and ownership provide for adedication of land or improvements to the public, allbenefj-ciaries of deeds of trust and mortgage holders on saidreal property wiJ-1 be required to sign the certificate ofdedication and ownership in addition to the fee slmple ownerthereof - ,f .. ?he plat must contain e following statement:purposes, the lots bated by this subdivisionas .W. lot with n inore than @ dwelling unit.s combined area of lots. tr The statementicate Lhe nurnber cf units and lots pro .i ,--'-.K: thereof . , t ,r[, 1 , z,f yLe cc*._\ na,rc<{. tF+Signature of owner - {'n. zonrngl o be trea wed on th be modif "Forare t alLoshall taA---7 e.. ied ti ,/ z.:V A copy of the declarations and/or covenants relating to thesubdivision, which shal1 assure the maintenance of any conmonareas which may be created. The covenants shall run with theland and shall be in a form suitable for recording with the Eagle County Clerk and Recorder. 3. ScheduLes A and B of a t.itle report. APPROVAL PROCESS, REVIEW CRITERIA The burden of proof shal1 rest with the applicant to show that thesubdivision complies with the zoning ordinance with respect tobuilding location and other aspects of the structure and ground, withthe original plat as approved by the Design Review Board of the Town and the accurateness and integrity of the survey data found on thep1at. Upon receiving t.wo copies of a complete submittal along with paynentof the appropriate fee, the zoning administrator shall route one copyof the site map to the town engineer for his review. The zoningadministrator shall then conduct this review concurrently. The tovrnengineer shall review the submit.tal and return comments andnotifications t.o the zoning administrator who shall transmit theapproval, disapproval or approval with modifications of the platwithin fourteen days to the applicant. The zoning administrator shaltsign the plat if approved or require rnodifications on the plat forapproval or deny approval due to inconsistencies with the originallyapproved plan or failure to make other required modifications of thep1at. FILING AND RECORDING The Department of cornmunity Deveropment wirl record the plat and anyrelated covenants with the Eagre County clerk and Recorder. Fees forrecording sha1l be paid by the applicant. The Community Development Department wil-r retain one mylar copy of the plat for their records and will record the remaining mylar copy. Revised 5/l/92 .1}IE 0l 00 0l rr0 0l 00, 0i 00r 0t 00{ _910G! 0r 00( {i I iio( D EP.\ R Ttr1 EN T O F C O jvllvl L,]{ITY D EVI|L O P }I EN'f S,\LES,\CTIO}i FORM TDI'll.l f}F IJFIIL l'liscel larpd-rs Cash Er6-1:-?l EE:54:43 F:E,,:F i F, t. * ftgL,ErlFi ficc':unt {+ f,F; # 64Sl I'IICHFIEL J, LRLITEE:E:FI:H\.5UEBII.]I5II|I.I _ 5IHE LE Ffft'llL.tr' s5.00 s50.00 s3 6.00 5i?.00 I sie.oo **,-. l.-.---sl-.l I 0l 00{ 01 00i 01 00[ 0l 00c 0i 00c 0l 000 0r coO 01 000 Rr sun L t.ende red Item pEid rirI [ili1884 I f,:ifiE1flEl f F, :.n,rc, rc, t r r r-r,ol THFIhI|< \fOLI V,:ur rashier -IE].ll'lIFEFI 1BF. BB ffnotrrt paid I&8. gE l:1, L]fi I-l S'l'."!i.00 s200.00 s500.0c !_u91€L ..._____ sl.0[x].u{1 I 5?50.00 I )I II'ITER - DEPARruENTAL RE14EW DA]E SIJBMITIED COMMENTS NEMED BY BR|EF BESCR|PTION 0F. THE ?RDFOSA|-.: -/ /? --\ | I / '=1+-}ofrTJ L/,5. ">1 f q PUBLIC IiIORKS Reviewed b;: Corn rnen ts: ,//zfa--z-;i=-- X <1r'^ r-6,*J-U ryft y^ fuq PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vailwill hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of the Town of Vail on April 27, 1992 at 2:00 p.m. in the Town of Vail Municipal Building. Consideration of: 1. A request for an extension of a previously approved variance for the Neuswanger Residence, Lot 6, Block B, Vail Ridge/2642 Cortina Lane. Applicant: Chris NeuswangerPlanner: Jill Kammerer 2. A request for an extension of a previously approved variance for the Christiania Lodge, 356 Hanson Ranch Road/Lot D, Block 2, Vail Village First Filing. Applicant: Paul & Sally JohnstonPlanner: Mike Mollica 3. A request for setback and site coverage variances lo aiiow for the extension of two balconies and an airlock at the Vail Trails East Condominiums, 433 Gore Creek Drive/Lots 7-15, Block 4, Vail Viilage First Fiting. Applicant: Vail Trails East Homeowners Association/Mark Foster, PresidentPlanner: Shelly Mello 4. A request for a conditional use permit to allow an outdoor dining patio on the first floor at the Lodge at VailMildflower Bestaurant, 174 Gore Creek Drive/a Portion of Block 5C, VailVillage First Filing. Applicant: Lodge at Vail/Sherry DonarardPlanner: Andy Knudtsen 5, A request for setback and site coverage variances for the Wilhelm Residence, 4289 Nugget Lane, West UniVLot 5, Bighom Estates, ResuMivision of Lots 10 and 1 1, Bighorn Estates. Applicant: Robert and Karen WilhelmPlanner: Jill Kammerer 6. A request for an amendment to an approved development plan for Spruce Creek, Phase lll, 1750 S. Frontage Road WesVSpruce Creek, Phase ltl Applicant: Michael LauterbachPlanner: Andy Knudtsen 7. A request for approval of a modification to the final phase at Vail Point, 1881 Lionsridge Loop Road/Lot 1, Block 3, Lionsridge Filing No. 3. Applicant: Steve GenslerPlanner: Jill Kammerer 8. Any items tabled from the Aprillg, 1992 meeting. The applications and information about the proposals are available for public review in the Community Development Department office. Town of Vail Community Development Department Published in the VailTrail on April 10, 1992 /r^/ {--efu Spruce Creek Condo Assoc. c/o Tom Gorman 143 Easl Meadow Drive, Ste 499 Vail, CO 81657 Ptarmigan Townhouse Assoc. c/o Alex Kaspberg P.O. Box 8327 Vail, CO 81658 Colorado Depl. of Highways Altn: Al Pierce P.O. Box 298 Eagle, CO 81631 Spruce Creek Condo Assoc. c/o Bruce Chapman 143 Easl Meadow Drive, Ste 498 Vail. CO 81657 Brandess Building c/o Brian O'Reilly P.O. Box 5780 Avon, CO 81620 Vail Commons 9933 Lawler Ave. Suite 521 Skokie, lL 60077 Thomas J. Thomson 12760 West Norlh Avenue Brookfield, Wl 53008-0944 Kathryn Joanne Lohre P.O. Box 2075 Vail. CO 81658 Joseph & Ellen Schmitt 1875 W. Gore Creek Dr. Vail, CO 81657 Mr. & Mrs. F. Praeger 945 Westview Drive Boulder, CO 80303 1 I I John Lohre Bank One Leasing 857 Grant Street Denver, CO 80203 Alberl & Jeanne Weiss 1905 W. Gore Creek Dr. Vail, CO 81657 Debra L. Kimball 6438 N. Daniels Park Road Sedalia, CO 80135 o ti/t.;/t' ( () ' n.- &\t,"u TO: FROM: DATE: SI,JBIECT: MEMORANDIJM Planning and Environmental C-ommission Community Development Depanurent S{q /L+L, -f'z /'7L Aprn 27, l99z A rcguest for an amerdment to an aproved development plan for Spruce Crcek, Phase In, 1750 S. Froruage Road We$lSpruce Cl€ek, Phsse m.Applicant: MictEcl Lautertactr Plannen Andy Knudtsen T. BACKGROIIND AND DESCRIPTION OF TI{E USE On May 31,1979, Eagle County approved a three phase development plan for Spruce Creek. That plan allowed 33 dwelling units and 57,750 sq. ft. of GRFA. The fint two phases of that plan have been constntcted. The last phase was approved for 12 units, and 21,000 sq. ft of GRFA. All three phases were originally designed as a townhouse developmenL In lhe summer of 1991, Mike Lauterbach proposed a different site plan concept, which inctuded detached single family homes instead of townhomes. On August 12, 1991, the PEC approved 6 single family homes wilh a total of 13,800 sq. ft. of GRFA. On October 14, 1991, sraff presenred a proposal from Mike Lauterbach to reduce the density from 6 single fanily dwelling unirs to 5. All other development standards (such as CFSA and site coverage) remained the same. At this time, Mike is requesting to change back to the earlier PEC approval for 6 single family dwelling unils on this site. Again, all development standards, such as GRFA and site coverage rcmain lhe same. The memos from August 12, 1991 and October 14, 1991 are attached for the Commission's information. The conditions of approval the PEC placed on ttre project on August 12 arc also anached, and at this time, the applicant has already fuifilled all of tlre conditions except for one. Specifically, the applicant has provided a leu.er from the Army C-orpe of Engirren stating the applicant has met lhe requirements of the Corps for development on this site. Two arcas had been identified as possible wetlands, but after rcview, the Army Corps of Engineen has determined that they do not need to be protected or replanted. The applicant has provided documentation from Holy Cross that the elecric easement running through tlrc center of the property has been abandoned. The applicant has received apprcval from the Town Engineer for the drainage plan for the site. The applicant has provided an a@urate assessment from Ted Huskey for undergrounding utilities on this site. ln addition, the applicant has provided the escrow agrcement and funds required for the undergrounding effort. The one outstanding condition of approval regarding funds for bike path cons!ruction wiU be completed by the applicant prior to Oe Town issuing any building permits for this site. Apil27,1992. Page I II. EVALUATION OF THE PROPOSAL Staff s concem throughout all of the reviews in this developmenr focuses on rhp way the structures relate to each olher. Staff is concemed about the setbacks between structures, as well as tlre need for variation among the buildings. Mike Lauterbach has worked with staff to address these issues by grouping the driveways for buildings three and four and rotating buildings five and six so rhat the roof ridges art ori€nsed differcntly. The rylicant has also committed to adjusring tbe design of each facade by adding bay windows, using differeru types of garage doors, and in some cases, expanding the garage so tbat the massing line.s of the struc$rc are altered. The setbacks between buildings range from ll-12 feet wittt the ctnent plan. Ttre original submittal provided setbacks rangrng firom 3-14 feet. The plan with 5 homes allowed a setback range of tl-13 feel The PEC conditioned the fint approval by rcquiring a minimum of l0 feet between structures. Staff believes the current design, with a range from I l-12 feet, meets the stardards th€ PEC applied to the earlier design. Another issue of concem is the density incrcase from 5 units to 6. Because the original county approval allowed 12 dwelling unils on tlis parcel, staff believes that the current request for six can still be viewed as a reduction in densitv. III.STAFF RECOMMENDATION Staff recommends approval of this amendment to the Spruce Creek, Phase III, devclopment plan witr thc conditions that: The applicant vary the facade treatrnent on each of the six homes. The variations shall include elements such as bay windows, different types of garage doors, and expansions of the garage to vary the massing. With this approval, the GRFA shall be allocared as follox's: The toul GRFA allowed on this parcel shall be 13,800 sq. ft. Each of rhe 6 singlc family dwelling units shalJ be allowed 2,300 sq. ft. of GRFA. The 225 sq. ft. credit is included in these numbrs and may not be added to rhe 2,300 sq. fr. of GRFA allocated to each dwelling unit. A 2-cu guage with the corresponding 6(X) sq. ft. credit will be allowed to be added to each of the dwelling unirs. All conditions of approval from th6 August 12, l99l PEC decision remain in effect. c :tsecvn€mosVautrbch.427 l. 2. 3. Apnl 27, 1992 . Page 2 t ,L El {1. r1 Ij a,\: {' 'r-l! €t E vr' 7/ '/L/ April 27, l99Z TO: FBOM: DATE: SUBJECT: Pranning and Environmrffi Community Development Department August 12, 1991 A request lo amend a development plan, previously approved by Eagle County, lor Phase lll ol the Spruce Creek Townhouses, 1750 Souh Frontage Road WestlSpruce Creek Townhouses at Vail. Applicant: MichaelLauterbach/CarlDietzPlanner: Andy Knudtsen I. BACKGROUND Eagle County approved a development plan lor the Spruce Creek Townhouses on May 31, 1979. In that approval, the County allowed 33 units, each with 1,750 sq. ft. ol floor area. The tot3l GRFA approved was 57,750 sq. ft. The firsl two phases of Spruce Creek have been built o"t according to the County's plan. Phase I included 12 dwelling units and Phase ll included 9 dwelling units. As a result, there is a remaining potential for an additional 12 units and 2 i ,00C sq. tt. ol GRFA on this site. A copy ol the letter summarizing the Eagle County a?"tcva'. is attached to this memo. II. PRCJECT DESCRIPTION The applicant is proposing io build out the remaining land that is a part of the Spruce Creek de;,eloprient. The applicant intends to construcl 6 single family dwellings with approximately 12,600 sq. ft. of GRFA. The applicantwillconslructdriveways lo each of the units. The shared driveways will be 12 leet wide and will originate from a central fire truck turnaround (please see site plan). The applicant plans to construct landscaped berms between the struclures and the South Frontage Road. Approximately 84 new evergreen trees and 66 new aspen trees will be planted on the site. None of the existing vegetation along Gore Creek will be removed. The reason this request is before the Planning and Environmental Commission is because ol . a requirement established by an ordinance passed by Town Council soon after lhs \,Vsei \/ai! area was annexed. Ordinance No. 13, Series of 1981, stipulates that major changes t; development plans for certain developments within the West Vail annexation area be approved by the PEC. Spruce Creek was included as one of six developments whic|: required to receive PEC approval for any major site planning changes. The Ordinance did not include any criteria to use when evaluating a site plan change, except lhat Residential Cluster was ccnsidered to be the zone district for development standards. As a result, the PEC August 12, 1991 . should determine that the proposal will not create any negative impacts compared to the County approval. In the statf review of the proposal, density, environmenlal concerns, and public improvements were identified as the three m4or issues of this proposal. III. ZONING STATISTICS A. Zoning: ReskJentialClusterB. Site Area: 101,128 sq. ft.C. Buildabile Area:TotalArea: 101,129.0 sq. ft.Ftoodptain: -25,261.8 sq. ft. 40% slope: - ff15.0 so. ft. Besulting buiklable area: 74,5t11.2 sq. ft. D. Development Potential: 1979 Town of Vail Eagle County Residential CurrentAoProval Cluster Zonino ProPosal Density 12 DUs 6 DUs per acre of 3.5 DUs per buildable area = acre of buildable = 10.3 DUs 6.0 DUs GRFA 21,000 sq. ft. 18,632 sq. ft. 12,300 sq. ft. (25',1 ol buildabie) Site Coverage 25,282 sq. fl. 25,282 sq. ft. 7,950 sq. ft. (25i; cl icial area) Height 33 tt. 33 feet 32 leet SetbacksFronf'Side 20t15/15/15 20115115/15 26n9120fi00 Sidei Rear Parking 2 spaces per 2.5 spaces per The parking 1,750 sq. tt. DU over 2000 sq. requirement will fl. of GRFA be met IV. STAFF CONCERNS A. Denslty Staff believcs that the amount of development requested to be burit on this site is the most important issue. The zoning stalistics listed in the previous section show that in every case, the current proposal results in less density than what the Residential Augusr IZ, IggI cluster zoning standards allow. Furthermore, the two stiandards regulated by the county approval, density and GRFA, allow more density han either the Rc standards or the cunenl proposal. Gompared to the county approval, the applicant is proposing to construct one-half the number ol cirelling units and approximately one-half ol the amount of GRFA. Each of the units wilt be ailowed 2,050 sq. ft. of GRFA ptus the 225 sq. ft. credit. The developer will not be allowed to transfer GRFA lrom one lot to another. Because of the overall rsduction In GRFA and number of units, staff believes the proposal is reasonable. B. Envlronmentallssues The three concerns staff Hantitied regarding environmental issues on this slte Include the floodplain, the existing vegetation and wetlands. The applicant has designed the site plan so thal the buildiqs will be aFroxlmddy 30 teet bad< from the 100-year floodplain boudary. Because of the gsnerous Mfer between tho strucfiJres and the floodplain, the so-toot Gore Creek setback ls malntalned withorjt any enooachments. All of the existing evergreen trees along the stream will be preserved, given the proposed location of the houses. There are two areas ol weilands which the Army Corps of Engineers are concemed about. They are approximately 600 sq. ft. each in size. The Town's position regarding wetlands is that the applicant must provide a letter from the Corps stating that construction on this site is acceptable and that an adequate mitigation plan has been provided by the applicant for the weilands area. Statf believes that the environmental issues have been adequately addressed, with the condition that the applicant provide a letter from the Corps of Engineers. C. Publlc lmprovements 1. The pubiic improvements which concern staff include the existing overhead utilities, bicycle circulalion along the Frontage Road, and the design of the access drives within the sites. ln the past, staff has consistently required that developers underground any existing overhead utilities for developmenls such as this one. In several developments in East Vail, between the Frontage Road and l-70, the developers have undergrounded the section of overhead utilities adjacent to their property. In those cases, the applicants were requesting single family subdivision approvals. They did not need to come before the Planning and Environmental Commission and were not requesting any variances. In an eflorl lo be consistent with past decisions, staff believes that the overhead ulilities thal are adjacent lo this property should be placed underground. In discussions with the applicanl, staff understands that he would be willing to pay lor his portion of undergrounding in conjunction with a larger efiort to place a greater length of existing overhead utilities underground. The apnt'^""' h-'e aa'nerr{ 16 6!n"a enough money to cover the cosl in an escrow 6viourtl. I'he Town would then use the money, atler a plan had been established, for undergrounding as much of the overhee- ,.:;ds as possibie. Tec Huskey, with Holy Gross Electric Association, has estimated frat the cosl of undergrounding is approximately $50-75 a linear foot. Given the August 12, lggl lenglh of the norlhem property line is 380feet, the cost to the devetoper would range between $19,000 and $28,000 tor this project. Ted Huskey did say that Holy Cross Electric would preler to underground a larger sBgment than just what is adjacent to his lot. 2. The second issue is providing bicycle paths. Staff believes it is reasonable to request the developer lo make public irnprovemenls adjacent to his property which have been catlEd for by Town studies. The Recreation Trails t$aster Plan calls for expanded shoulders on the eHes of the Frontage Hoad for bicyde circulation. The staff believes that it may be appropriate to reconslder the Master Plan designation for on-street bike lanes and also consider an otf-street path for bicycles only. At this lime, staff is recommending that he applicant provide an escrow ac@unt lor the Town to use for consruction of bicycle lanes or paths. This would be used elther to construc,t shoulders, or possibly a detached path. 3. The access roads within the site have been designed with the concept of providing as much landscaping as possible. The roadways have been narrowed to 12 feet in some locations and are as narrow as they can be and still meet lhe Fire Department and Public Works' regulations, Stafl believes that the concept of providing lhe narrow driveways that access the dwelling uniis is a good design. Statf believes that the. parking supply is adequate as each house has two interior parking spaces within each garage, two parking spaces immediately in front of each unit and an additional guest parking space oft the access drive. V. CONCLUSION Staff recommends that the PEC approve the applicants' request for an amended site plan lor Spruce Creek, Phase lll. Staff believes that the level of development, specifically GRFA, density and site coverage, are reasonable. In addition, staff believes that other issues, such as the environmental concerns and public improvements, have been adequately addressed as discussed above. Therefore, staff recommends approval with the lollowing conditions: 1. Prior to issuance of a building permit, the applicant shall: a. Provide an escrow account for the Town lo use to underground the utilities adjacent to this parcel. This account shall be $23,500, which shall cover the costs of undergrounding in this location. lf he surrounding properties are interested in undergrounding utilities adjacent to their parcels, the Town may use these funds in cooperation with other properties in a larger etlort. b. Provide $13,cuj lo tt'e Iown ol Var, rur constructror' ol erirrdr the on-street biKe lanes on thp chnrrldryq of the Scrrth trronlaoe Rcad cr thp .^nstrrrclion Of a Svp;ic..-r,.t i.rr,,- yol i. August L2, I99l c. Provide a letter from the Army Corps ot Engineers stating that the applicant has satistied the requirements for developing a site partially Covered by wettands. d. Provide documentation from Holy Cross Electric Association hat the unused electric easement running through the center of the property has been abandoned. e' Provide a drainage plan of he site for the review and approvat of the Town Engineer. c:b€cvn9m6\lautrbac.8 I 2 August 12, l99l .', t I.t t ./ l,..' li/il ti j t tlrl t,{iti I tI t I i il l] I - -.-' I I I{ir i: ,!i l;t ill lil.!t llti August 12, 1991 t. i)I li) August 12, l99l oo IIil I\I _L. ii August 12, lggl oo I l' ..l,i\lJi I August lZ, lggl oo August 12, lggl TO: FROM: DATE: STJBJECT: ' MEMORANDTM Spruce Creek File Andy Knudtsen August 13, l99l Phase III Spruce Creek Conditions of Approval 2. Prior to issrance of a building permit, the applicant stral: a. Povide a letter from the Army Corps of Engineers stating that the applicant has satisfied tbe requirements for developing a site panially covercd by wetlands. b. Provide documentation from Holy Cmss Electric Association that the unused electric easement running through the center of the poperty has been abandoned. c. Provide a drainage plan of the site for the rcview and ap,proval of the Town Engineer. d. Provide the Town with $8,(X)0 in cash to be used for bike path construction at any location between Donovan Park and Dowd Junction. e. Prcvide an accurate estimate fuom Ted Huskey, from Holy Cross Electric Association, for the cost of undergrounding the utilities adjacent to this parcel. In addition to the estimate, the applicant shall establish an escrow account with the appropriate agr€ements which the Town may use to underground utilities. Prior to submitting an application for design review, the applicant shall modify the site plan, and: a. Move the eastem building 5 feet to the east" b. Provide 4 more parking spaces, 2 on the east and 2 on the west side of fire truck tum- around, The Town shall waive all application fees for employee housing, if the applicant rcquests any employee housing within one year of the approval date of this rEquesl All buildings shall be separafed by a minimum distance of l0 feet, as measured from each foundation. The total GRFA allowed on this parcel shall be 13,8fi) sq. ft. Each of the 6 single family dwelling units shall be allowed 2,3(tr sq. ft. of GRFA. 71ra 225 sq. ft. s€dit is included in these numbers, and may not be added to $F 23m sq. ft. of GRFA allocated to each dwelling unit. A 2-car garage, witlr the conrsponding 600 sq. ft. credir, will be allowed to be added to each of the dwelling units. 3. 4. 5 Conditions of Approval - August 12, l99l EtrUIBIT A ORDINANCE ilO. 13(Series ot 1981)75 s. irotitaf,e taat varl, colcraco E !557 oltic3 c' ic';n c:c;k A}I ORDINAI{CE IIPOSING ZONING DISTRICTS ON qEBTAIN DE\IEI'PXE:ITS !TD PAECETS OT PBOPERTY IX TEE NECENTLT AilNAElD 'ESI VAIL ANEA; ACCEPTING PBIOR AIPEOVAI.,S OF E EAGI.E C(nilTY CO$IISSIO{ERS BELATING TBEREIO; SPECTfYING I]IETDIENT PROGEDIIRES ; SEtrrING TOBIE C(IIDITIO.IS BEI.AII:IG TEERETO; AIEI{DII{G TSE OITICIAL Zolflltc IAP FOn tEE mw OF VAIL; Al{D SE'ITING IIORTE DETAIIS NT EIIAII(N TIEREAO. IEEREAS, the torD ot Val1, Cololrdo, recertly rllexed tbe lest val1 rrea, Courty oi Eagle, gtate ot Cololedo, attectlvc oD DeceEber 31, 1980; rld TEERtrAS, Chapter 18.69 ot tbe llullclpal Coda ot tbe ToBr o! va11 sets fortb p"ocedules for tbe LapoBltioa ot zonhg distlicts oa leceltly lllexed aleaa; aEd TEERIrS, SectloD 31-12-115 (s) C.R.s, 1973, es aEerded, lequires the Tor! to brlDg tbe D€oly auaexed lest Vall alea uDd,e! 1ts zoDiEg ordioance Fitbj.a alDety (90) deys r.fter tbe effectlve date o! said eDleratioD; eDd TEEREAS, because ol certal.! .ctlors. ta&e! by aDd approvals ot the Eagle Cou.Dt y CoEDlssioDets lelaliag to tbe Eltbl! speclfled, plopelties tbe TorvD CouDcll ls o! the oPlEloB tbet tbe zoDiDg desigDatioD tor tbese areas sbould recoguize sald aPptovals cod condltloDs; rDd IEERIAS, tbe PlaBDl.Bg Eud lDvltoDEental Co@isslou of tbe Toen of Va1l has colsldered tbe zolhg to be lEposed o! the aewly eaaexed fest Vail lrea rt a publ1c beerlag rDd hss Eade 3 rec6DeadatioD telethg tlereto, to the Tor! CouDcil; aDd XEEREAS, tle Tor! Couucll colsldels tlat tt ls 1! tbe llterest of the publtc be41tb, aetety eud reltarc to so zole aeld ploperty; !IOT, SEITFORE, BE IT ORDAII{ED BY IEE lOtrT COUT{CIL OF TEE TOIIN OT VAIL, EAT: Scctlou 1. Plocedules Fu1l1l1ed. lbe plocedurcs tor tbe drtetnhatioa ot the zoDlDgi allsttlcts to be !..nposed oB tbe !es1y tanexed fest vall area ls set tolth 1! chrpte! 18.68 of tbe Vail UunlciPal Code have been fuM11ed ' :.. rvr't rut.s u, llJe trctr rt -uueF ,.ss t t lr. +r r:.. Pursualt to Cbapter 16.08 of the Val,l ttuniclpal Code, the ploperties descrlbed 1D subsectioEs e, t, g, b & 1 below are a portioE of lhe rest v8il area aDDexed to tbe Tosu tblough tbe eDactaeDt of ordinance no. {3, Serj.es of 1980, of the TolrE of Vail, CoJ.orado, elfectlve ou tbe tblrty-.first dry ot Deeeober, 1gg0, ead bereby zoned, as forl0ns: l. The developoe'ts .!d parcels of property slrecifled belorp 1a SubsectloDs e, t, g, b & 1 sball be devel0ped Lr eccordalce rltb the Dr10! rgreetDelt iplrrosals and ectioas 0t th€ Esgle couDty coEtssloaerE rs tbe 8gFeeltrelts, slrplove,ls aad ectloDs relete to cach devclopDeDt or $arcel ot Eroperty. b- the doc'oeats ald llstnrDeDts relatlDg to the prior counry rpplova1s, actLoDs aad agreeDeDts ale preseDtly oD file iD the DepartDelt of cor@uDity Devel0pneat o! tbe Town of vail aud said rpprovals, actloDs ald agreeEeats are beleby accepted and approved by the Toe! of Vall. c. All buj.l.dilgs lor sbicb a buildilg pe:jit bas Dot beea lssued, oB tbe effective date of the a'.nexati.oD of $est vail sbau cotrply eltb Deslgn Bevierp cli.teria oJ tbe valr \tuEicipal code prior to the r,ssuaDce of a buildiDg pertrj.t. d. The cotrou'itt Developtrent Depatt'eDt oay i.ssue slaff applovals Jor o:oor cbaDges 1D site desrg! or otber lol'o! aspects of tbe pr.a' for aEy of tbe specifled developtDeDts or parcels, These proposed cbanges Day be approved asi pleselted, approved rltb coDditloDs or deDied by tbe Stajt lPitb a! appeal rlthi! 10 days ol tbe Staff declsio! to the Plaaolag ald EDvj,rouaeltal Co@lssioD. Fo! trajor chalges, sucb a,s t rFdeslga of r qaj or part of tbe site, chalges as use, deDslty coDtlol, belgbt o! oth€r developDeDt staBdards, I planDllg 8!d tDvlroDreDtal coE'i'ssloD revl,€r sbould be required. Tbe procedure lor e.laages shall be 1a accordauce. rltb Cbapter 1g.65 of the Vail llualclpal Code. e- tbe followiag developoents rDd parcels of property shall be : aubJect to tbe terEs ot tbls ordiDaDcel (1) fbe Va11ey, Phases 1 through 6. (2) Spruce Creek Tovabouses. (3) Iteadow Creek CondoolDluros. t. / !t- (4) vail InterDouDtain Srvio :rnd Tenais Club. (5) Briar Patch, Lots G-2, G-5 aDd G-6 Liousrldge Subdivlslon FillDg No. 2. (6) Casa DeI Sol CondoEiDluns. zoulug putpose beyolcl tbe Eagie County CoEaissloDels' approvals, .srseoeDta or actioDa, the developDeDta aDd pucels ol Droperty specified 1! thl,s sub3ectlo! (G) shrll be zcled B€sldeDtlrl Cluste! (BC). t. Llolsrldge Subdlvlslo!, I111!B llo. 4, sball b€ 3ubJcct to tb€ t€rBa of .tblE ordilaDce. For aDy zoulu8i Pur?os€ beyold tbe Et8le Couoty @@lsslo!€!a I rpprovrl, r8leeDeDt or actloD, tbls Pstcel ol PtoPelty !!rll bc tolcd SlDtla llDlly ZoDr Dlsttist (SlB) tlth r rDGcl'rI 9ro- ?l.aj.oB tbat rB eoployee uDit (as defiaed rDd rcstricted is Sectio! 18.13'OBC of tbe vall lluDiclpal Code) *111 be subject to rpprovals ls pet SectioD 18.13.080. Tbe secoodery uDlt Day Bot exceed oDe thlrd ot tbe total Gross Besldeltial Floor Area (GRFA) rlloEed oD tbe lot es pet tbe Sllgle lasi.ly Zooe District DeDsity CoBtrol (SectioE 18.10.090 of tbe Vail Uuuicilal Code) eud Greeabelt & Natutal Opea Spece (C{OS). S. Lot G-4, LioDslidge SubdlvisloD, fililg No- 2, bas beeD tbe subJect ot lltigatloD 1n tbe DlstlLct Court ot Eagle Couaty, aad a Cq:rt order has been lssued legatdiDg tbe developselt of tbis ProPelty' Tbe ToFu bas Jurtbe! approved Besolutj'oB #5 of 1981 I'n regald to a subse- quelt agreeneDt lritb tbe mDet. Tbe Resideutial Cluste! (RC) Zo[e Distlict vitl be tbe aPplicabl€ zoDe oD this property to guide tbe futule developtreDt ot the parcel, aolklDg Ej'tblD tbe bouDds set by tbe Court Order ard Besolutio[ No. 5, Setles of 1981' b. Block 10, vrll lltelmouDteln subdivlsloB aud tbe Elliott Ealcb subdlvisloD, sball be subj ect to the teros ol thls oldl.DaDce. For eay zollDg purpose beyond tbe Esgle county CoEnisslolers' lpproval, lgree- DeDt Or actioD, Block 10 aad tbe El.llott Baocb, aba11 be zoDed Prlnsry/ Secotdary Dlstrlct. Lota 8, 15 & 16 ol Block 10, T811 llterooultB1! ' sbrll be zored Grecab€lt & N.tutsl Opea Space (GNoS) ' 1. Ya1I Cooors. Va1l Das SboDe FlliDg No' 4' sbrIl be subJect to tbe te,:D8 o' tb18 ordlneDce. lor rly zoall3 PurPose be'oud tbe Eagle Couttt Co@lssloDels' agreetoeBt, apPloval or actlon' Vail cooooas sball be zoned codoerclaf Core III (CCIII)' For eny // ( ! Sect i.oE 3, As provided 1D Sectlon 1g.Og.O3O of tbe Vail lrunicipaL Code, the zontlg8d!18ist!eto! is berebt dilected to prornptly Dodify ald.eend the of fl.clal Zoalng l|ap to lldl,cate thc zoliDg specl,ried berel.D. Sectlop a. Il ray part, s€ctloD BubsectioD, grDteDce, clause or phrase. of thl3 oldlsaDce ls tor 8!y re8soD bcld to bc r,!vrIl.t, sucb declslo! sbalr. lot rttsct tbe valldity ot the reDa1DlD8 toltloDa o, tbls ordiDance. aBd tbe Tova Coulcll hcreby atccllre8 lt rourd bey€ pa.sacd tbti o!dr,!rDce, ud cach part ' 8€ct10!, ttub-scct10!, SsDte.cr, clruse o! pbrase tbereor,. Irgaldless of tbe tact tbat a,ny oae or Dole pElts, sectlols, subsectloDs, i i I :! il I : i........ seDteDces, cleuses or pbrases be declared iDvalid. Secti.on 5. ?!e Couacil bereby stat€s tbat tbis ordlDatce 1s lecessarI fo! tbe protectioD of tbe publlc beelth, safety aad ,elfate. rNTRoDucm' READ ox lr'sr nEeDrNG, appRovED ArlD .RDTRD 'IELT'EEDONC€ IN IULL, tbis 3rd day of !trarcb, 1981 , alcr a pub1lc hearhg on thls oldilaEce sball be beld at tbe reglIar EeetlDg of the TosD courcil 0t tbe Tosl of VaiI, Colorado, o! tbe 1?th day of }tarcb, 19gl , at 7:30 p.D. lD the llulLcipal Buildiog of tbe ToaD of Vai1. ATIEST: IITTNODUCED, NEAD, 8Y ?ITI.E Oltl.y ltercb 1?. A?TES?: APPROVED OI 19E1. SECOI'TD READIT{G AND ORDTRED PSBLTSEED /,0 t./ ,. //'./ EAG r-E, coionX6ii erssr TELEP}iO N E 303/328.73 | |-Sc' ". &OARD OF COUNTYcoI\ll,itssroNERS. Exl 241 AOIIINISThATION Ext 241 : ANII,/iAL SHELTE R949-1292 ASSESSOR_ Ext 202 BUILDIA,|G tN I NSPECTI O NErt 226 ot 229 CLERK &_ RFCORDER Ext Zi7 COUNTY - ATTORNEY _ Ext 242 - ENGINEERE\t:35 EN\'IRO N [,iENTAL- HEALTH _ Ext 238 - EXTENSION AG E IIT- Ex', 247 . LIERAFY _ Ext 255 . PUBL1C HEALTH EaEi-' gxi 2<2. Vail 476-5E44 PLAN N i G. Exi 22e ot 229 . Pu Rc H AS t{i c/ PE F.5Ct r,:tr a L' Ext 2.:5 Bor:?_& ERTDGE ET: JI / SH-RITF Ea9re Ext 2l 1 Bzszlt 927.3?44 c iin-,an 627.5751 soctAL s5 RV tCES 32a.C3?8 TREASU R E R Ext 201 May 31, 1979 Carl P.0. 0ietz Box 388Vail, Co..U657 File No. Su-l1Z-79-p - Spruce Creek TB/j k cc: Eoard of County Commissioners -221=--.-=) /6-'*- Thomas Asst. Bon i Director of Pl ann i ng TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Developmenl Department ocl0ber 14, 1991 Notification of Llodilications Made to SprucB Cresk, Phase lllSite Phn Applicant: Mike leubtbachPlanner: Andy Knudlsen On August 12, 1991, the Planning and EnvironmentalCommission approved adevelopment plan foi the third and final pnase of Spruce Creek Mike Lauterbach, the applicant' had proposed six single{amily homes, each with 2,300 sq. ft. This development plan was a ieduction in density and GRFA from fre 1979 Eagle County approval. Atter the PEC approval, the applicant re-evaluated the proposal, anct decided that it wou6 be better to delete one dwelling unit trom the plan. The total GRFA for the site would rsmain the same. The digerence is thtt it is divided ahong five single-family dwelling units instead of six. The attached sheet shows the conditions ol approval which the PEC placed on the project. The last condition deals with GRFA, and lhe changes discussed above have been incorporated into that condjtion. Statf approved ihe proposed development plan change, with the understanding hat statf woutO notity the pEC of the change. tt tne PEC would like to review the stjatf decjsion, he PEC may request a more thorough review' October 14, l99I 1.a ,' 2- Prior to issuance of a building psrmit, tre applicant shall: a- Provide a letter lrom the Army Corps of Engineers stating hat the applicant has satisfied tre requirements lor developing a site partially covered by wetlands. b. Provide documentation from Holy Cross Electic Association that the unused electric aasement running through the canter of the property has been abardoned. c. ltovlde a dr4lnage plan of he sib for the review and approval of the Tovn Erpineer. d. Ptovkle the Town wih $8,OOO h cash to be usod br blke path oonstr|rcdon at eny bcaion betrveon Donovan park and Dowd Juncdon. e. Provide an accurate estimate from Ted Huskey, from Holy Cross Electric Association, lor the cost of undergrounding the utilitiss adjacont to his parcst. In addition to the eslimate, the applicant shall estaHish an escrow account with the appropriate agreemenb which the Town may use to underground utilities. Prior to submitting an application for design review, the appticant shall modify the site plan, and: a. Move he eastem building 5 feet to the east. b. Provide 4 more parking spaces, 2 on the east and 2 on the west side of fire truck turn-around. The Town shall waive all application fees for employee housing, if the applicant requests any employee housing within one year of the approval date ol this request. Allbuildings shall be separated by a minimum distance of '10leet, as measured from each foundation. The total GRFA allowed on this parcel shall be 13,800 sq. ft. Each of the 6 5 singte family dwelling units shall be allowed W 2,7ffi sq. tt, ol GRFA. The 225 sq. ft. credit is included in hese numbers, and may not be added to the e?e,Oe 2,760 sq. ft. of GRFA alfocated to each chrelling unit. A Z-car garage, with the conesponding 600 sq. ft. credit, will be allowed lo be added to each of the dwelling units. c lp€cinem€bpruo8.O l4 3. 4. 5. October 14, l99l ,hit I f e I I' I ; : t-':i I!it'tiji tit lIill! i:t lll /I, i-''--'.--^_ /: l \y--/ J's _ltt\ 1..$. = -se=\et' ab o'- 1%zv-- )E' \i lr-i>l---f I_. 1t i j\ ,' l/{I .!\/ ir' )tl -. I z'-_\tl,;-\ (. /t\/{\\l\l October 14, lggl fml | ,Es#Hit?i&lii l- I -r.' :i--llt.f I i ,t riiil I'I I T rl {t I I I ! i I i ''1- , L./ i i l!l'i --, t; I I I 'ii .!.1 i iitlli,rll!tl 7,66r '77 1r.tdy --_-:=.:.=.:::- -?.''^--==-^---".e>r-->J /v7 /t,*4 173 ,Y/ 3J h?'/i,ne73 i,"v'?.:/4 ) \ PLMSE MAKE TOWN OF VAIL DEPA RT;\,IE.\.T OF COMIVITJNITY DEVELOP}IENT . (_-.-1ill S.ILES ACTION FOR.\{ 75 SOUTH FRONTAGE ROAD AIL, CO 8r657 onn /,L,%ls,tltE -l-|!l-.-If-{ 5F u}f I L i'l ! l,---'i l::,=,:,.:= Lta=h :..i" r l. t] i l:l;I i:*::. .1.':r!r,i .:'i, ,:lr:: *rar-rr-r:i. F,a i,j r': :;..;_:a i i,l.,. ;:1.:..i. t,:jti:t.' ;jiJ. i.'r,.:i 0l (l0Cro lzszr i ui:i ;llir:-,: -:ii !\- t r.-/r , ,-'- ff. 8* 0t 0000.il{t2 CONT}L\ CTORS LICE\S ES FEIS 0t 0000 { l-i30 SIGN APPL]CATION FEE.0t cs00 41.( t 3 0l 00co4r{t3 ADDITIONAI. SIGNAGE FEE ISI.OO PER, SO.IT. VTC ART FROJECT DONANON0l 0c0c 42.{40 0t 0000 .l t 331 PRE PAJD DESIGN REvlNV BOARD FEE OIOO?0424I2 I BUILDING-CONSTRUCTION PERMIT COMPUTER DI 0l 0000 42371 rI{VESTTGATTON FEE (BUTLDTNG) 0l 0000{ll 0l 000{l d 1330 0t 00?0.il330 ; v * * * * * * * * * Y , .tJ t992 PErrrroN toto* ArrlEND!4ENr tttrl .oR REQI'ESI FOR A. NA!48 03. pETITIONER Mlchael Lauterbach ADDRESS P.O. Box 3451. Vai1, Colo 81658 Rtc'0 APR 3 t992 0ewz-iltvaltrr- . PL,{n)zonLng ordinance ', PgoNE 476-6944 NAIIE OF PETTTIONERIS ADDRESS REPRESENTAII\IE S ame PEONE c.NAME 0F OWNER (print or typ.g) SIGNATI'RE ADDRESS Box 3451 Val1, Colo 81658 PHONE 476-6944 D.1OCATION OF PROPOSAI, ADDRESS 1750 South Frontage Road West Spruce Creek, phase III LEGAI DESCRIPTION lot F.A list of the names of owners ofsubject property, and their nailing Appllcant requests relnstatement of the six si.ngle fanily dwelling unitapproval subject to conditions contained in the attached letter fromAndy KnudEsen, Town Planner, dated August 13, 1991. all property adjacent to the addresses. (ovER) 1;-r il': - ''it') r " '-' ! fI. Four {41 eopies of the ; r-.'.11 at:'. :ri!.:r'tr +r ' ;: _i " - '^.: ,i following. infornation : A. The Planning and Environmental Cornnrission meets on the 2ncl and 4th- Mondays of each month. A petltion witrr the necesi"ty-."rorpanyingmaterial-must be Er:brnitted four weeks prior to the a"i"-or the meet-.ilg' Following the Planning r"a n""iioir.rrt.t comnislion meetinglall aruendments to the zonini ordinance-or district bounaliry cnangemust go to the Town Council-for final action. '*"petition-for:a tor a.lto ioning ord or n so."r] chanse i1 uoffifli"i"" r _ The petition shall Lnclude a sunurary of the proposed revisionof the regrulariolsr 9r a_complete discriptioi oi tt a ;;6;;;;changes in dr.strict bo*ndariEs and a nap- i',didai',g tit-Eiisting . 39.Pl9p9sed - district boundaries. Appr.icant ur.rst subnit rrritten ^i/ o,trapnlc naterials stating the reasons for request. IrI. Time Requirernents Iv' Your proposa'l wil't be reviewed for compliance with VaiI's Comprehensive plan, '11 75 soulh tronlage road Yail. colorado 81657 (303) 47$2138 (3qt) 47$.2139 August 13, 1991 oflice of communlly development Mr. Michael Lauterlrach P.O. Box 3451 Vail, CO 81658 Re: Approval of Phase lll; Spruce Creek Dear Mike: Attached to this letter is a list of the conditions of approval proposed by staff going into the PEC hearing yesterday. These were modified by the PEC, and a list of the conditions reflecting the PEC discussion is shown below: 1. Prior to issuance of a building permit, the applicant shall: a. Provide a letter from the Army Corps of Engineers stating that the applicant has satisfied the requirements for developing a site partially covered by wetlands. b. Provide documentation from Holy Cross Elecfic Association that the unused electric easement running through the center of the property has been abandoned. c. Provide a drainage plan of the site for the review and approval of the Town Engineer. d. Provide the Town with $8,000 in cash to be used for bike path construction at any location between Donovan Park and Dowd Junclion. e. Provide an accurate estimate from Ted Huskey, from Holy Cross Electric Association, for the cost of undergrounding the utilities adjacent to this parcel. In addition to the estimate, the applicant shall establish an escrow account with lhe appropriate agreements which the Town may use to underground utilities for this site. 2. Mr. Michael Lauterbach August 13, 1991 Page 2 Prior to submitting an application for design review, the applicant shall modify ihe site plan, and: a. Move the eastern building S teet to the east. b. Provide 4 more parking spaces, 2 on the east and 2 on the west side of fire truck turn-around. The Town shall waive all PEC application fees for employee housing, if the applicant requests ani' etnployee housing within one year of the appiovai daie of ihis requesi. All buildings shall be separated by a minimum distance of 10 feet, as measured from each foundation. The total GRFA allowed on this parcel shatl be 13,800 sq. ft. Each of the 6 singte family dwelling units shall be allowed 2,300 sq. ft. of GRFA. The 225 sq. ft. credit is included in these numbers, and may not be added to the 2,300 sq. ft. of GRFA allocated to each dwelling unit. A 2-car garage, with the corresponding 600 sq, ft. credit, will be allowed to be added to each of the dwelling units. Thank you for your cooperation during the review. I believe the site plan modifications made during the review have improved the quality of the plan. lf you have any questions about the modified conditions of approval, please contact me so we may discuss them. Andy Tctln lab Enclosure 3. 4. c. nuotse THIS AGREEMENT made t992, by and among Michael and the TOWN OF VAIL, (hereinafter called the called Escrow Agent) . DEVEIOPER AGREEI4ENT and entered into .nr" 16ft day of nlrrr^n , Lauterbach (hereinafter called the OevJloper), Colorado, a Colorado municj-pa1 corporation Town), and Stewart Title, Inc. (hereinafter WHEREAS, the Developer as a condition of approvar of the development pJ-an for spruce creek Phase rrr wishes to enter into a DeveJ.oper Ag'reement; and WHEREAS. the Developer is obligated to provide funds sufficlent in the judgement of the Tordn to make reasonable provisions for the completion of the Developer's share of certain improvements set forth below,' and WHEREAS, the Escrow Agent has agreed to hold the cash escrow account on terms as set forth herein,. and WHEREAS' the Developer wishes to provide the collateral to guarantee the performance of this Ag'reement by means of a cash escrow account with the Escrow Agent. in the amount as set forth below. Now, THEREFORE, in consideration of the forLowing mutual covenants and agreements. the Developer, the Town. and the Escrohr Agent agree as follows: L. The Deveroper agrees to make avairable to the Town the sum of It}1228 '00 to be util-ized by the Town to cover the Developer's equitable share of the costs of the undergrounding of electrical utl-litles on the northern boundary of spruce Creek phase rrr. The parties understand that the payment by the development covers onry the portion of the undergrounding allocated to the Developerrs property, but that before Iloly cross Erectric can commence the undergrounding of the electric utilities on the Developer's property it must have conunitments from other property owners in the area. The Developer agrees to make avairable the funds to the Town of vair for a period of four (4) years from d*re-dat+ oJ-t*r+ -exeegt4or*-ef -thi-e"-Agree*ren$- S ep t emb e r I 5, I 99 I . 2. To secure and guarantee the performance of its obligation as set forth herein, the Developer agrees to provide security and col.lateral by placing a cash escrow in the amount $10,229.00 to be held by the Esqrow Agent under the following terms and conditions. years. A. The term of the escro!, shall be for a period of four (4) B. If at any time during the four (4) year term the Escrow Agent recej,ves written instructions from the Town stating that HoLy cross Electric has determined to go forward with the undergrounding of electrlcal utilities on the northern boundary of Spruce Creek Phase IIIt the Escrow Agent shalr immediately rerease the funds t. t$U-85?"nElectrlc' C. Escrow Agent hereby warrants that upon receiPt of the Town, s instructions as set forth i-n Paragraph B above, they wiII Holv Cross Electr.i-c inmediately retease the funds to'fiL$o*i regardless of whether there are conflicting instructions from the Developer. The Escrow Agent xepresents and warrants that it wiII not under any circumstances pay the money to the Developer or interplead the money into any court ' D.IftheTownfailstode]-iverthewritteninstructlonsto the Escrow Agent as set forth above within the four (4) year term of the escrow, the Escrow Agent may pay the funds to the Developer ' E. By the signing of this Agreement' Escrow Agent acknowledges receipt of the funds from the Developex' 3. This Agreement has been dated on the day and year flrst wrltten above. By: By: OF VAII.,, Rondall V' Ph 11ips, Town Manager c r \DBvzLtR. LR 75 South Frontage Road Vail, Colorada 81657 303-479-2 1 07 / FAX 303 -479-2 I 5 7 Ofice of thc TownAtmrncy February 27,1992 Mr. Michael Lauterbach POB 3451 Vail, Colorado 81658 RE: DeveloperAgreement Dear Mike, I have enclosed three (3) original copies of the Developer Agreement between the Town of Vail, Stewart Title, and you. Please sign and have Stewart fitle sign and returer all three copies to my attention. We will then sigL and return a fully executed copies to you for your files. Ifyou have any questions, please do not hesitate to call. Yours truly, ,afr_44?-? Larry AaEskwith Town Attorney I"AE/dd "f MEMORANDI'M TO: Mike McGee and Greg Hall FROM: Andy Knudaen DATE: February 13,1992 SUBJECT: SpruceCbeek,III I understand that you have approved this development plan. Mike Lauterbach has provided thc attached water line distribution map as a follow-up. Greg, I{ere is a drainage plan. Hopc it works. Please let me know. \ tDFfs IZEsa Sanctity ol Conuact STE\0.AR.T IITT-E OF EAGLE COUNTYPost Off ice Box 2O0O Vail, Cotorado 81658 (303) 949-1011 FAX: (303) 949-7713 February IO, ),992 Andy Kundtsen Town of Vail75 South Frontage RoadVai.l., CO 8I657 RE: Lauterbach/Holy Cross Dear Mr. Kundtsen This tetter is to confirm that stewart ritle of Eagre county,rnc', guarantees that Michaer J. Lauterbach wilr pay to Holy9:".:. Electrie 910,000.00 to bury the orr"rt""J-poi"" fi.ne acrossthe third phase of the spruce cri"r. Townhome site in the evenlthat Holy cross begins elnst-uciio' p.to. to september r5, 1996. It is agreed that the funds referenced herein cannot beinterpleaded and must be paid to Hory cross Electric in theevent of a dispute if the terms and eonditions statea hereinhave been met. This letter will expire on September 15 , 1996 and will notexceed the amount of g10,000.b0. Srncer apel l Pres ident erFEB t e pse TO: FROM: DATE: RE: I.IICIIAEIJ LAUIERBACE P.O. BOX 3451 VAIL,, COLORaDO 81658(303) {76-69{4 ANDY KNUDTSEN TOWN OF VAIL, COMMUNTTY DEVEL,,OPMENI DEPARTMENT I'{ICHAEL LAUTERBACH FEBRUARY l_t , 1992 ALPINE CREEK TOWNHOMES Pursuant to your request, I have had conversations with Mike Mccee andcreg Hall. Per Gregrs instructions, enclosed is a drainage plan whichdisplaces the randscaping fron the vicinity of the pavea lreas andarso exhibits specific drainage patterns upon the plved areas andbetween the buildings. Also enclosed is the water line layout obtained from Upper EagleValley consoridated. rt shows an existing eight inch water rineIooped through the site. As shown on the enclosed drawing, ourinterior fire hydrant wirr be tapped off of the main line at a point remote from the existing hydrant. The five 3/4 inch domestic tapswill then be made at the end of the new line thus to allow water frowby the new hydrant and prevent freezing. Finally, an adjusted cornmitrnent letter from stewart ritre has beenenclosed for your approval. Prease contact ne if you have any questions and thank you in advancefor your consideration- MEADOW BROOK CONDOMINIUMS EK/ ,3/ /"- z SPRUCE CRE IOWNHOUSES rVea, /t"rc T+p /It!,/a4ilr l' / ,l .t\ ,i-/v"-= 6,t H1 6 7r'a@ /{@ , i.i \v 6\"r'i I - @ 's 'J slt (,t/,2 l'/EADOW BROOK CONDOMINIUMS V I .--.::... -,t.0 C :( / SPRUCE CREEK/ "r/TOWNHOUSES 7/uA^- Nea, Lrre T4A ,//a 7@ e5a€ -fl({l DJ )-n ;7\,p .7 '. t4... @ i.'ii'iL6ri;* sli ( '..-/ 6 rs rl A"W .t) rV\r-9' 75 south vail, colorado (303) 47$2138 (303) 4792139 January 30, 1992 Mr. Michael Lauterbach P.O. Box 3451 Vail, CO 81658 Re: Spruce Creek, Phase Dear Mike: After our telephone conversation today, I ol approval from the Planning and discuss the status of each one: otlice of community developmenl for this project into a letter and 1. Prior to uy z\'13 "' Ta,L---) issuance of a building permit, the applicant shall: Provide a letter from the Army Corps of Engineers stating that the satislied the requirements for developing a site partially covered by understand you have received a letter trom the Corps ol Engineers allowlng the development. Please send me a copy at your convenlence. Provide documentation from Holy Cross Electric Association that the unused electric easement running through the center of the property has been abandoned. Thls conditlon ls satlsfled with the November 4, 1991 letter from Ted Huskey. Provide a drainage plan of the site for the review and approval of the Town Engineer. Thls condition has not been met at this tlme. Greg Hall is currently revlewing the most recent plan. Provide the Town with $8,000 in cash to be used for bike path construction at any location between Donovan Park and Dowd Junction. I understand you will be brlnging In the $8,000 check when you pick up your buildlng permit. Provide an accurate estimate from Ted Huskey, from Holy Cross Electric Associalion, for the cost of undergrounding the utilities adjacent to this parcel. In addition to the estimate, the applicant shall establish an escrow account with d. Mr. Mike Lauterbach January 30, 1992 Page 2 the appropriate agreements which the Town may use to underground utilities. I understand you have thls Informatlon from Ted Huskey, and will be providlng me with a copy of lt at your convenience. The escrow account, whlch has been established with Stewart Tltle, may not meet the Town's standards. As we discussed over the telephone, you may need to set up a letter of credit wlth a bank. Please let me know il you find out any Information from Stewart Title that wlll prevent an inter-pleading problem. From my work wlth another developer on this lssue recently, I believe the letter of credlt ls the only document which ls acceptable to the Town. 2. Prior to submitting an application for design review, the applicant shall modify the site plan, and: a. Move the eastern building 5 feet to the east. Thls has been completed. b. Provide 4 more parking spaces, 2 on the east and 2 on the west side of fire truck turn-around. This has been completed. 3. The Town shall waive all application lees for employee housing, if the applicant requests any employee housing within one year of the approval date of this request. No action requlred at this time. 4. All buildings shall be separated by a minimum distance of 10 feet, as measured from each foundation. The slte plan provldes the 10 foot mlnlmum distance. 5. The total GRFA allowed on this parcelshall be 13,800 sq. ft, Each of the 6 5 single family dwelling units shall be allowed &eee 2i760 sq. ft. of GBFA. The 225 sq. ft. credit is included in these numbers, and may not be added to the 4B€e 2126$ sq. ft. of GRFA allocated to each dwelling unit. A 2-car garage, with the corresponOin! 600 sq. ft. credit, will be allowed to be added to each of the dwelling units. The current bullding permlt proposal complies with this conditlon. I believe most of the issues are taken care of. There is some technical information which Greg Hall and Mike Mccee are looking for regarding fire hydrant location, water main location, snow storage area and drainage plans. They each have a copy of the most recent site plan and are currently reviewing it. Calling them directly may be the simplest way to understand what lheir concerns are and how to address them. lf I can be of any help, please let me know. Our records show that the building permit for the first lot in this development was submitted to the Town on January 21 , 1992. Because of these outstanding issues, we will need to put the building permit temporarily on hold. As soon as the issues discussed above are resolved, we will begin reviewing it. We want to work with you on this project so that you can stay on your schedule. I recall that you requested that the permit be available to you in late February. Because the permit is on hold, I am not sure we will be able to meet that deadline. but we will trv. *'it o Mr. Mike Lauterbach January30, 1992 Page 3 Please call me as soon as you have any additional information. Slncerely, / / 1/ /.//M-T {r"^-&*.\ Andy Knudtsen Town Planner labcc: Dan Stanek MEMORANDUM TO: FROM: DATE: SUBJECT: Greg Hall Mike McGee Andy Knudtsen January30, 1992 Spruce Creek, Phase lll The attached site plan is the most recent submittal from Mike Lauterlcach for Spruce Creek, Phase lll. There are some outstanding issues on the property, which need to be clarified to Mike Lauterbach. He may contact you directly to understand what your concems are and to provide you with the information you need. d^Jtfr\/ u I\rl jul q- I orro*TMENToFTHEARMy O U.S. ARMY ENGINEER DISTRICT, SACRAMENTO COHPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 January 23, 1992 199200042 ) ffsDFEB 04$* REPLY TO ATTENTIOII OF Regulatory Section { Mr. Michael Lauterbach Post Office Box 3451 Vaif, Colorado 81658 Dear Mr. Lauterbach: I am respond.ing to your letter dated Decenber 31t 1991 which was received in this office on January 21, 1992. Your correspondence concerns the proposed spruce creek Townhomes Iocated. adjacent to Gore Creek in the Town of Vail colorado. TheCorpsofEngineershasissuedanationwidegeneralpernit authorizing the discharge of dredged or filI material into "waters of the United States" which are hydrologically isolated or are located above the headwaters provided inpacts to these "waters" is Iess than one (1) acre ' Based upon our site inspection on september 4, 1991, we have determined that this proJect can procied subjeet to this nationwide general pernii provided g compfy with the englosed conditions. bI"""" ittsr-,". tftat your contractor( s I is aware of and complies with these conditions. We have assigned Number 199200042 to this project' please refer to this number in any correspondence submitted to the Corps of Engi.neers concerning your project' This verification wiLl be valid for three years ' We appreciate your cooperation. Should you have questions t please contact Garv Davis at 243-1199' S ineerel t) l) \/=Wt r (, / /.\rn"\\ ,zGbady' Ll.g{iet, )w/ of flc' 402 B5odcra(d .lu olorado RegulatorY Roon 142 Colorado 81501-2563 rv r-')\__, ,---\ tl I a t. \dchJrb lWestern Co ce ,d Avenue 'unctionr C Enclosure J 53140 Fedeial Regieter q -:..1 ,;;il include a statemenl thal the verilication rvill remain valid for the specilied period of time, if during that time periodl the ' ' NWP authorizstion ie reiseued without modification or the activity complies with any eubsequent modification of the NWP suthorization. Furthermore. the ' responsa should include a statement that the proviaiom of ! 33o.8(b) will apply, if dudng that period of time, the NWP authorization expires, or is suspended or revoked; or is modilied. such that tbe activity would no longer comply with the terms and condiiions of, an NWP. Ftnally, the response should' :- lnclude any knou'n expiration date that' would occur during the specified period' . of time. A period aif tlme lese thasr two ' . years glay be uged lf deemedappropriate. - .(iiil For activitier where e stete has .: denied 401 wdter quality certification . and/or dld not aSree with the CorpE consistency determination for an IIWP the DRi rerponse will etate that the ... ' propeed activity meetr the terms and, - ' conditions for authorization under the . NIVP with the exception of a state ,101 . water quality certiffcation and/dr CZM-. consistency concurrence- lhe regpodser -will aleo indicqte the activity ie denfed-l without preiudice and cannot bd authorized until the requiremenB of':'- : ! ! 330.{(cX3), 330.r(cx6}, 330.{(dX3),, : : and 330.4(dx0) are 8atisfred. Tha . :.:- tesponle wlll also indicate thst woik may only proceed subiect to the tenna .' and copditions of lhe slate 401 water quality certilicetion aDd/or CZIW :.. . concurTence. (1v) Once the DE has provlded euch . - verification, he musl uae the procedureo of 33 CFR 330.5 in order to modify, . suspand. or revoke tho authorizatioo , . ' (bl Expirotion of nationwide permits.- ltre Chief of Engineers will periodically review NWPg and their conditionE and will decide to either modify, reissue, or revoke the permits. If an NWP is not modified or reissued within ffve yeara of its elTective date. it automatically expires and becomqs null and void- : Activities which have commenced [i.e, are under construction| or are under contracl to commence in reliance upon. an NWP will remain authorized provided the activity ie completed within twelve nor.ths of the date of an. NWFs expiration, Bodificaton, or revocation. unlesr discretionary authodty has been exercised on e cass. by-case basia to modify, suspend, or revoke the autborization in accordance with 33 cFR 330.{(e) and 33 CFR 330.5 (c) or (d). Activities completed under the au.thorizalion of an NWP which was in effect at the tlme the activity was . iompleted contihue to be.authorized by lthatNWP. : (cl Multiple use of notionwide : permits. Two or more different NWPs -- can be combined to authorize a "eingle" , and complete project" ae defined at 33 ' - CFR 330.2(i). However, the eame IIWP .'. cannot be used more than once for a ' an after-the-fact euthorizirtloo Use of ,: . : after-the-fact NWP authorization musl ' be consigtent with the terms of lhE ' : j ' ' Army/E:PA Memorandum of Agreement ' on Enforcement. Copiec are available ' : ' : from each dishict engineer.' ' . I . (d) Combining nationwide permits . . A- rndex of the Natioswide Psmib end - withindividuaIperznl.reSubjtcttothe,.'Gonditi-.....'..:......''.',,: following gualificatione, portiona ot a .:.- . Nati n1ide permits -''':.' . j"': ' larger project may pmceed urd;r tha :.. authority of the bIWPs while the DE . .. , evsluadsanindivlduatpeEnit- -,ii ,;ii"il;"-,J;;r':':i:1*1':'1 ,"',' "'.';- ' ,:' applicationforotherportionaofthe.'].]i4.Flsh8ndwildlifeHarverting' same projeci, but only if the portlons of 'L ' '1 Enhanceme-ni and'AtEaction Devicec ri1 ; ': 1 : 1 single and complete proiecl .' A- Index of the Nationwide Parrdlt rbd ,- : the proieA qualtfying tor NWP ;' , '.::".: aulhorization would bave lndependent. , utility and are able to function or meet: ' . their purpose lndependent of the total , projecl When the functioning or u.sefulness of a portiod of the iotal -' ':. project qualifyirig for an NWP ls .- - ; to. #o'iir"'Boo", " '.' '.1:'., iependentonthJremainderof the. .. ;i:i;;;;;i';eirtionalshucturer ...., : project, such that ilr conshuction and , ' rz uuliiy Lint Backfilland Bedding :..l- use would not be fully iuatified even if .'' 13. Bark stabiliiatiotr :- the Corps were to deiy the individual i 14. RosClfrois-itr8: -'p€rmit the NWP doer aot apply and al[! ' po+oy of the proiect must.b€. ,: i:j-valuatedar part 6t rhe lndividud,- l- ;' r".ri"';ff#ffit..t".'.:' .; . perEit proc$g. . i [1] When a portion of a larger project ' ie authorized to proceed under an NWP; - it is with the underrtandiry lhet its ' .:'' - , construction will in no way preiudicc,r'-- . lhe decision otr the lndividual permit for'. to use the NWP for resotution of an aftenthe-fact permit situation fiil;i"g Notionwide Permtt conditions ' a consideration of wbether the violstioo Geneml Conditioas the reet of the projecl Furthermore, lie ,: z4' StateAdmilisteled s€cuo! {{]{ Progas'' ' " : ' individual peninit documentauon r*tf-, T' 9.trt",htjl!i:"h"tsq . :.' i,rclude anLatysig of rhe imp""-u oiue ^ 1i-,"j1^11:."td Isolated wslers entire projec! including rellted ,r. #liiff#,il","ratios Activitieaactivities authorized by NWP. _. . il f,i.-iin-*ti"." "f ExistinS Marinar . .(2) NWPa do not apply, even if a ' ' 2g. Resen'ed portion of the proiect ls not dependent 3o.hegen ed : r- on the rest of the proiecl when any . 31. Reserved :. , portion of the proiect lB subiect to an ' 32. Completed EnforceBenl Action! inforcement attion by the iorpr or EPA. 33. Temporary_Co$tnrctiorr andAcceso u .. : lel Aftcr'the-foct oulhorizotions- !1' t-ta:nDery rm-oucuon Acuvrner ' "' Til;" ;'th";;lti;;-ott"" ptai .n :: ::' y-"ll:T:i:" Dredsins of Exrstins Basilrs lmportant p_srt in the resoluiioi of. ;l ffi"t##i"rarerghed hotectionviolations. lo apprcpriate cases lVher€ . ;: A;;;G;l i-aiarJour ""d ro*ic Waste the activity complies with the terms and ig. n"""*Ja conditione of an NWP, the DE can elect lo Farm Buildinss being reaolved was knowing or 1 ." l. Ngvigatlon intentional and other indications of the z Prop;r lrtaintenance need for a penalty, For example, where' 3. Erosion ind Siltation Controb " : r' an unauthorized fill meets thi terms and L Aquatic Life Movements conditions of IIIWP 13. tha DE can ' ' " 5' Equipmenl . - consider the appmpriatenesr fi'ir"Jng g: l:gf-l$^-tae-Bvcare cont'iuon- ' : rhe residual ntiio remain. i" Ji.;ll;; ' 3:Hillilffff"| "'"* : I .where raid fill-would normally have ;: vi;i;; ifiluy Certification .been permitted under NW-P_13. A' io. Co""t"-i Zon-e Management knowing, intentional. rvillfii violation lt. Endangered SpecieJ ahould be the subiect of an enforcement 1a Historic Pr€perti€s action leading to a penalty, ratber than 13. Notilication Fsqeral Register / Vol. 56, No. 22E / Friday, November 22 lgst / trules and Regulations 59141 h'fr rot a y coDdiaiont - ' ' 'iL Fish ond Wildlile Homestiry, .. .. on the outer contiaental ahelf within !. y"!n +pply Inlaker ' , - EnhanenenL and Attmdion Devices . : sreag leeseil fm euch purpoaes by the .' 2. ShellfrsL hoductioa ^ ond Activities, Fish ald xrildlile ' . . : Departmenl of the lntirioi. Uineialg .,' 3' Suitabh lvlatedd ., . : . - -'.: [srvestlng devicer and activities such.as Miasgeneat Seffice. Such ctructues i,. ,-' ''Mil'salioo ' : po,-dueiacratdil;tdr;dgi"& irr"ui'oiuupfuruat"itlio*r"ti-ijor5. spawning Arear l"r .^," l;;;"-;:'. ;,,:;frIi-l-* :::.:'::i::.'^;:i-,*,:: 0. obsrruction of High Flowr llt o:,I: lobaler hapr. duck blindq clam any de-si8ns[ed ehippirry eafety lainray . z. Ad,verse lnDacu rroni"fi'oou.odnenrg end oyster $8girl$ end rmall fish ,, m iraffiCrepEmtion schlme, ?xcep! -g. w;i;;;*t};-;dil;ffi-*----- altraction devic€a tuch-as open wetet tempomry inchors that mmply with the 0. Remoysl of TempoLry Fllh - Esh coacenhalorc [8ca kite+ "F).!h! ' fairwEy reSulationt ln 33 gr1 32a50i' .; B.Narioawirrapera,ib 3isffi1:,3,".H"e*:,Tffiir.#J} ffiffi,:*:T#ff"il::tr 1.AidstoNaviga|ion,71nptacementpcorrinwe-llan&orvegetated'antiiipacd.diauiaengineerrwill of aide to navigaf,on and resulatory shallows' This nalionwide-permit does consider aseerting diacretiouary mar*em whicliart appmrei by and not authorize artificial reefs or authority iu accofoance with lS CFR krstalled in accordance with th; \Poundmentr and eeui-irnpoundments $0.a(e) Lnd will atao regiew anch - rcquiremenls of the U.S, CoaglCuanl. of .waters of lhe Urited States for lhe . propoaala to eruure they comply with (sde $ CFR part e0, cbapi"r i. - -- _- cultue or bolding of motile rpecies erch ihe proviaions of the faiisay ie-eulationr- iubchapt".Q. is;Uon-101 -. aa lobater' [gectiqrc rO a'od /Nl4) h 33 CSR 3u.5(l)). Such rEuctuiea wilt Z. Sthaut*in eniiiii|t C"not". ^.s' Scientific Meaanrcment Deviw. not be ptaoed ' ' ;rtsblished 're.gerStructures cone6;t;;;;ttfi;i"t' StaE gager' tide gages, water recording zonee 6r reatsicted areac ar deoifrated. canals -i$tr prir.ip"ttv .JJiJ"itti"t ' devices, water-guality leatiry lnd . . h 33 CFR part 39t; uc will guoh-' .developrnentr;-t;; ti; ,Jr"*ii"r "f lmprovement devicee and aimilar atructurea be permitted in EPA u Corpr . th; "fi.ilo ;;""is;bl;;;1;;u;;- :T:g_"" small weirs and llumes derrSr'.ted drirfued roaterial disposal'" United Srater hee fui-o*;*il;iv*- conehlcted primarily to record water areai. (accdoa t6; aufhorizetl tr"e 3s cFR'ia;'6)i'' 9P.. tilv "j"d velocity.are-abo g. itr"ctuts i'neeting and [ecctl;;t;l'--- - anthorized, pmvided the diecharge ir - Ancharwe fueo,- Stnrct?es, buoys, .. & Moin,none.Ite rcpair. Ty,."d to 25 cublc yardr- and furfter for j1f,;| ;J ;A; a*"*, p#*-#ii.*h"ti[i;il-;-;;i;;;#;i or "ny !j'$113'- or ro to 25 cubic-var'!' ;.hiil8" ; n""tre "i6 to rsEirirate pr*iou'l!, ""ih.G4;;;;ti; -"' qx1^"9 &g nernittee notifiea the_ . , _ ;;r"8"?-;;b-ihere uch uear rervicerble. rL"i rr" ;;ii ;'of ."y gi:9.:t engineer iu accorda'ucc with .- -have beco atablirhed bi Gt porposecurrentlyrrv;6|;bt;frfi;;;ii - *Notificatiou"g-eneralcondition. . trh"u=c.""rC"rrntlccriqrlo)'nffi?Sgt,ffit;H", liTi#"Tn@surryyydvitieo-f:tffi:*":ro#*, 'i ro uees dirreriug fr"q rl;?;;;'-*' "*3t*#&lffuXff,ifflrn&,* " {t. r".p*,y nerrv,aiion'ar _-.ep.egiE?d o8 coatemplated.fc lt b tte r _[#il cnor loler 'Dd dther '1 , Stlr.tctlna TegngraV bmVr, arker* .'- "otigirst pcrulir - b r"*,:*tb . ... G'fH,*-*- boreholer.Dritinga-r oeB floatirg dodrr" urd dBihr ..- . . aulhcized oodifuation -ffinor 1 _, .-_, ., ffjJ'rlir"rg, ,f excavad material '- ,-rtrrcturel pliccd for rec*rtional uqo . -. ' &rlattour il the dru<*sre'r ^_r,_ ^- ..., , 't*ti *ettr for oil and gae r _d.uring epeiific er,entr mch cs weter ' r' '.. "' 'c'onfiSrratior or Elled,sres 31!,+"g " .if-r-r-ti- b not authorized by 6ir . :iking-c;lFtttions.ad.boat raccr c:lhogeduetocS""r*9Tg!!.- ;. il[i"ria"p"o",itthepluggbgoiruch. reasdna]uecprovidcd_tbatfdr : t. consbucfim EDder or relety rto",l.crdt : i"a" i"a othct rimflar a.ctividef, k Dol' ':*itu$ ere ncterssrv to_t!a9:p"b. - iiil#""aW .tr1 natonwidepe'il, €orpe of Engineerg reganoir* $c .i .- ;..-1. Ehsb.ilitso* qL*.*.1113',:1__.-, ' il;;r"fir* of drilling nudr an6 erdrvoir ninager.nua rppro-ve ad--- t' 'r.-; .-pernritted" provided the_enviroo.oeatal dtfi;;il;."q"t e;E-li-r-& buoy or nrarkeiindividudly, letbu 10) -. 'Qpe"-F reruhing from lrch repeh, "."Uoi-.gz of thc Glaan Water Act -: tZ UAnty Lina Bo&fill oad kddiry. : rehsbilitario!" *.t dlgTlh 6*il'J"" ro *a lo.t ,., . : Diacha4ci of Tat'ielfor b,ackfill or: 'Eqqnst CrrGotly. miceable 'n""nr '- i-.-A"i*tt Stncirns. Ac-tivitiea . bedding-for utility linca. hchding odtdl ' 'useable as It ('r with lomE tDairu'{ranc!. .related io conrtrucdon of outfall .''.1 intale rtmctutre!. ptqvided thec b . . $ut not so dqraded ar to eeseatially - il;;; aud ageociaCd intake . . -no change iu peconsrrucfion rsDtqrrr. _ require recoDstructioD" Ttis Dationwido rtructures wher" 11* efltuent from tbe A "utility lina- ie defi""d aa any-pipc or . . ' pernit,ruthorizee the rtpa'r, ;rf;iii; "udro;""4 ;Afir1|''"ily pipelinei.or tb-e ganspoTtation of any , rchabilitatigq c repl.acement of thore ilC;.t";a, ;;;."1n."U'-*-"*pi"a. - gaseour, liqui4 liquehable, o rlurry ttructnes dertroyed by rtonns. f,o-ods. ;,G;;; fi-|;id; Gri _' - iubatance. -hr anypurpo.se, and eny' ' fir€ or othet diffrete eyetts. provided renrlatione is8ued unier the National cable, line, sr wire for lhe tsanlmissiot $e repair, rehabilitation or replaceoeot foiturant nincbarge Elirninati* SVrr.- fqr agv furnose o{ e}eclricd €rrergy, .. . ls ooeltenccd or nnda @ba-cl_to . prqran (aection ioz of tlu Cf*""*"t". telephone rnd telqraph ueesagea, and commence within two yeara of the date ecti, proiaaea thal the nationwide radio and telEvisio cousunicaiion. .of their de"huction or d8,''fge. In, caceg permiitee norifiea tbe dirtrict engineer ln Tbe teE .uulity line.' doer not include of catashophic eveotg ruch es iccordance with lhe .Notificatioin* gctivitie! whicb draia a water of lhe hurricaneg or tomadoer, thie twoyear .- geoeral conditioo- (Also rae 36t Cf,R . United States. ruch ar &ainags tile.. limit uay be waivad by dre Dktdct Sgorte)). Intake rdrc6res per ae at? Dot howaver. it does apply to pipel ?citte€t, pmvided &e percrittEe ca!. lncluded---ouly thoae direcily aeeociated cooveying drailage from ano0e. area.. demonsFate fmding. conllact. or other .. with an outfali etnrcbre. (eefuiona 1O Material r,eeulting from ttcuch. ' rimilar delay.l Maintenance dre,l8l.g . 8rd t04) : excavation may be temporarily ridecast. and beach restoratioB att Eot . . j L Oil'and k. Shtx-,-tureF.. StrEctres . (up to thrce tooiths) lnto waterr ol tha' authorized by thia aatimwide peroiU .- , tor the explcation, groduction and ..,. United S'tetes Fovided that the.uaterid '.'- - . -.-.{aectionr 10 t'vl ff}l} ", - .. tranrportation of oilger ald EiDcrllr .!notgbcedbeuchamnner&tttf is - .- 691lU! , Federal Rbgieter .l Vol.zz! 1/.friday,, lqovember 22,.;1994.'f Rules and Kegulatiqng croesing! -_ -_b. The filt plac-ed iD waters of the of dredled orfrtt material aseociatei - : 322.5{g)), (section 101 .l "s:1t,:11:.^'_T:f1g1p.y_e!yasi,:: ;;ffiil;;;;ii",iti""#i,ii,1,'ii"i1 ire;ect . i :. - I : -: _.t.rl .i.:, .'' -,i:1111!!d.d ir.of the tJryeorb . '. brldgee acrosa navicabie waters "f thE - c.If the discharge exceedc 10 cubic ..;placecnenylocauotrotin81ymTI'ErUniGdStatea.inctuiingcofferdams..'.yardsorthedischlrge.isinaspecia}.;1.:' eo ar to impair surface wstel llorY into au"t"""is, iouua"u""-."-"iipi"o,-ha.I ;q""ii" rit", 1nara1nl- t""u"nalr, rrt .,.';,. -,. ' . - , ot,o.ul-olTy,letlend arear i;;;rrd;;;rtruction and access hlls. . permirtee notifies the-district eniineec in' . I' No.malen4l lE placed ln a maMer . pmvidedluch discharces have been .. iccordance wlth the "Notification" r.;:'that will.be eio-ded bv nomral or , ;;A;;;;d ff ilts].t.iriE.""."i u" . . i"nrr"r condirion. For discharses in i, :expected, high.flows {properly anchored p"rt "-t tti" uria'se permit. causeways ., special aquatic sitea. including- . '- i. :,trees and treetops.may be used in low ;;d;;;-*il fiii"'"-;;ril.d;i'; / iettandg. rhe notification must atso . . ..energy areasJ; and, this nliion-ii" pe.rait and will requir€. include a delineation of affecteJspeciali8,+" activitv ie part of a single and ; i;dt;;il;;ffi;;il;;Hidil-',. a-quaric sires, includins wetlandg. (Algocomplete proiecr. pernn tg""uoi;;;;-i"""""""-- .. .,, J"" sscFR sbo.r(e)I a-nd -' '----: !Bank stabilization activities in excesg.of ' ta. Ritum Warei From llpland -' d" Ite discharge,-including all . 5fl) feet ln-length or greater lhan an ... Contoined Disposollr=os. Return water attendant featurds, both temlorary aad : . average of one cubic yard per nrnning . from an uplani, cgntained dredged permanent ir part of a cingli end,- ,. ,, lootrray-b6aut.horizedifthepeBdtteematerialdisposalarea.Thedredging'..completeproiectandianotplacedfor.'.. notifies lhe disFict engineer in itself requires e Eection 10 permi[if- the purpoie of etr€am diversion - accordance.with the "Notification" located in navigable wateri of the (sections 10 and 404) - general condition and the distdct United States. ihe retum water hom a t9. Minor Dredgiig. Dredging of no engineer determines the activity _ contained disposal area is more than 25 cubic y-ards be-loi the : ,complies wlth the other terms and administrativily defined ag a discharge . plane of the.ordinar! high waler mark or conditiong of the nationwide permit and of dredged matirial by 03 CFR gzg,2(d-) ihe mean high watei maik from the adverse.environmerl-tal impacts are.. even th-ough the dispo"ealiGit o""rrra ltr, navigable riaters of the United Stateg ss.. minimal.bolh individually and the upland and thus does not require a part -of a single and complete proiect, . cumulatvely. (sections-lo and 4(X) : section {o{ permit. This nationwide ' itis nationiide permit ioes not 74. Rood Crossing. Fills for roeds permit aatishee the techriical authorize the dreiging or degradation . , cros-sing watelr of the United States _. : reguirement for a section 4{r permit for . thmugh siltation oi coial reefs.(incluiing wetlan.ts_and other special . the retum water where the quility of the submirged aquatic vegetation, aqualic sitesJ provided: rehr! water r8 controlled bj the itate anadroi:ous fish spaviring are"s, or ; e. The width of the fill ia limited to the through the section 4ot certificatioo wetlands or, the conaectio-n of canals orimlnlmumnecesgaryfortheactua|.,procedures'[section,fiJ o 56,-No: dispersed by currents or other forces; , , more lhan a total of200 llnear feet of the. , which includes the fill, le liceneed by the, i .... .The DE may. extendlhe period of " - . fill for the madway can occur in epecial.i redeiairnergv n.g.i-;t""y c-i;ission .. ; . , !"Pq9.1.v side-casting up to 18o daye, ,1. aquatic eitee, including werlands:'- - ,. , , ifnncl *a.iitr" f"d"r"l'po*"r 461 s1 .r . . -: : wier€ appmpriate. the ares of walen ' ' c- rte cmssing ir cu-iverted, bridged or . igzo, "i amende4 and has a total .oftheunitedStatesthatibdisturbed.' otberwisede_stdgd6fi;;iG;*i-; il,"""ting""p.ciiyofnotmorethan',.,, i,mustbelimitedtotheminirnusr_- r mgrrictionof,":nd1q;fthr'ta;;'- ..1 Edinfwindtfreiernitteenotiieithe,,,l.:.necessary lo constuct the utility line. ln expected high flowe and tidal flows, and . district engineer iti"iio.auni. n ith the.' .-- ::. 1{?lq9_1t:Pj:'.tolz",ofrhe.hench topreventtfierestdctionoflowflowc--. ';i.iotificati"on'gen"raf"onditioniJ'i6i'. :I ::_":$ [e]lti,I^be backfiued witb. : . . and the movement of aquatlc organiema; hydropower pr-oiectg for Which the ffftCtopsoil tum the lrench. Exceeg material. d. rF" ooseing, incluiing all -. . : hie granted an exemption from licensing . lu:t-!| fltlved to upland arear' J l attendant featuri., UoUr.irpor.rV and... iirauant to sectibn 4oa of the Energy.; .;:.: :..., .:1u:t_9:-:_9f1""d to upland ereal :j: , attendant features, both iemporary sn6 ... purairant to gectibn 4ba of the Energy ; .'-. .: ,. .. , .' hmedielely upon complelion of . . '.:.i pennaneDt lo part oIa eingli andl' , b""*ity e"roiisso (re U.S.c.z0iind. ,i ..,'., : ::,11ttt"li9n. Any.lxposed,elopes and ,' iomplete proijct for croeei-ni.of e water ' 27nlaid eection so if rhe Federal: ,.,._,,.' 8$eamba (E llrust be stebilized- ,., , , , *" of the United Statee; and,. .: .., , ..r powir Act, aa amended; provided the,..:, ,,.....,,immediately upon com-pletion o-f tlp"'..', ; 1' e. For fille in sp-ecial aquatic aiter,:.-,,,., permitie;;otifi.; th; di;iric eoeioeer,fui ,..:.: i.:.r-j.' utility line. The utility line.ircelf lnill ,.',,: including- weilanbs, the p';rnittie. -' ..,:', accordance with the ..Notifica6olu. ,,.,,:,.,.,. -.,. T!lli_*,? Section lopermit if in' '.r,;-.r.-' notifier &e disuict engiieer ir , ,, , . g"rr""J "o"ai6oo" iL"Uo" o-l ,^.. ,,.,:;i., , , .; DaviSabfe watem of the United Stat is. i - accordance with the 'i'lotifrcation*. 1:,,., '-f ta. Minor Dischiryes.llittot-, ,..-;,... i; ..::.,,-.ii,(see 33 cFR part-322). [section {o4}' . :. :- general condition: The notificatjon .rrit --: ] air"t ""e;; J d*E;?;;filt ."t""i*:j: 1..,,.'' ,r...-, 73. Bonk Stabilization Bank. ' .. ,: ilso inblude a delineation of a6"l["6.-,.. into al]wetera of the United State, __...::. -... .. . stabilizetion activities necesearl lor : . opecial aquatlc eitea, inciuding -- --; ' 1.r pmvided.. .. i-, .... -,:.:-.- .;.. ,.. .- erosiort preventi_on plovide* . ,' wetlande. - . : . a-'lte discharre does ooi exceed 2C .; ,, .,:.j:,i_"!11_! p,ll::d -:xcege of : Some road fills may be eligible foran; 11 cuUtc yarai-.-:- - : ----;-- - :;j - ,l(Ire mlnlmuln neeoed lor erotion ', t' exemption frorn thi need fira Sectoo t: b- The discharge will not cause lhs -j,,, ._ ..'PTt"iloY--'-.-.,,.---- .':.i ;di5;i;ioi*i-";iJJ";itFRU:ri-'to",ormorqtha;%o"o"oii*'iuljh'.' ' ,,' ,--o-':lll lujlgtabilization aclivity- ib,:' '' Als;', where toial circumrtances .. j;. aquatic site, includins wettands.-ror thi 1 ,,- :i.'lesl ulau o{I, leel ln lenSth;--' , .: :: " lndirate the need, district engineerr wih: purposes of this natio-nwide.pernit, thc t. -i. , . c. The e-ctivity will not exceed an. i.r e;fi;;;'i"r- ..expected hiqh floive-. - icreage limitation includec rf,".nff*JA _'lr.-, , :::.':,8^"_:f,"_T_T-bi"_f:{p,..-ryTls . a.;G;;""p;;.rui"biilrff"-":. :..: ;;;ilililJilil;*'dilIi*,, '-'.,. . .'roor Plaoeo alonS the bank below Lh€c ,r- applicability of thig nationwiie peniriUii. adversely alfected 6y flooding and^i..":;:i.,.... ..' pIT$ I"_gdiuarv hish wata marl or 6;d;;;ii"ft 44i""--- '*" "'1;T: 'pd.i-;i,;ri;;i;; Gi "; irainee ao; .,, , . ,*",TPjL_TL _,_ ;, 'tt;:. 15. U"S, Coast Guod Apptoverd '.'.'=: ,:' that they iaould, no longer be awrrterof;r'r:-i;:..;..c No malenal l' placed,ir ary EPecisL Bidges. Dischaiger of rlre'dg€d or fil]i- the United Stater ae a fosult of thq,.::,,;i,,i'- '',; .i i: r1 Unlted Stales is limited to a frlled area with faf small hydmpower pro Federal Register / Vol. 56, No. 226 / Friday,Novernber 22,7991 / Rules and Regulations 69143 .cleanup of oil and hazardous substances' which are subiect to the National Oil and Hazardous Substances Pollution Contir.rgency Plan, (40 CFR part 3001..provided that the work is done in ' ' accoidance with the Spill Control and Countermeasure Plan iequired by 40 CtlR 112.3 and any existing Statj contingency plan and provided that the Regional Responae Team (if one exiets in the area) concurs with lhe proposed . containment and cleanup action.' (sections 10 and 4O4l 21, Surface Cool Mininn Activities. Activitiee agsociated witl surface coal mining activitiee provided they are aulhorized by the Departsnent of the Interior, Oflice of Surface Mining, or by. Elales with approved programs under. Title V of the Surface Mining Control and Reclamation Act of rgzi and . pmvided the pernrittee notifiee the district engineer in sccordance with thei'Nolilication" general condition. For discharges in apecial aquatic eiles, including wetlands, the notification must plso include a delineation of affected apecial gquatic aitee, including wetlande. (Also aee 33 CFR s3--0.1(e)). (aections 10 and 40{) CECW-OR) has been fumished notice of . the agency's or department's application for the categorical exclusion and concurs with that determination. Prior lo' bpproval for purposes of this nationwide permit of any agency's categorical exclusions, the Chief of Ennineers will a-olicit public comment. ln i'ddressing these commente, the Chief of Encineirs may require certain conditions f6r authorization of an agency's categorical exclusiona under thi Jnationwidelerrrit. [sections 10 and {04) 24. Stote Adntinistered Section 4M Prcgmm. Any activity permitted by a stale administerirg its own section {O4 peErit progrem pur8uant lo 33 U,S.C. fi+l{gHl) is pemritted pursuant to gection 10 of the,Rivera and Harbors Act of 1899. Thoge aitivities which do not involve a gection 4{X state pemit are uot included in this nationwide permit, but certain Efuctures will be exempted by eection 1S of Public Law sHBt, SO Stat. 2917 (33 U.S.C. 59lJ (aee 33 CFR 322.3(a)(2)). [section 10) 25, Structum I Discrlarge. Discharges of oaterial guch ag cond€te, sand. fock elc. iuto tightly eealed forus or cells . where the material will be ueed as a str'uctural member for etandard pile sxpported shrcturer, ruch as piers and docks; end for linear pmiects,-auch as bri.leee, transmisaion linl footinge, and rvalkwaye, The NYVP does not authorize 6lled structural oerobers that would eupport buildings, bomee, parking areas, tloraSe afeao and other euch ebuctures, Housepada or other building pads are aleo not included in this nationwide permit. Tbe sbucture itself may require -a section 10 periit if located in the United States includes the filled area .plu waters of the United States that are ;adversely allected by llooding, .excavation or drainage as a risult of the project. The ten-acre and one-acre limits of NWP.26 are abiolute, and iannot be increased by any mitigation plan offered ; by the applicant or required by the DE. Subdivisions: For any real estale ' aubdivigion created or eubdivided after October 5, 1984, a notification pursuant . to eubsection b. of this nationwide permit is required for airy discharge which would cauge the aggregate total loss of watere of the United States for the entire subdivision to exceed one (1J . acre. Any discharge in any real estate gubdivision which would cause the eggregete total loss of waters of the United States in the eubdivision to -exceed ten [10J scres is not authorized by this nationwide permii; unlegs lhe DE exempts e particular subdivision or parcel by making a written .determination thal (1J The individual and cumulative adverse environmental efrectg would be minimal arid the property owner ha{, alter October 5, i j 198{, but prior to fanuary 21, !992, : committed substanlial r:sources in ' relianoe on NWP 20 with regard to a lubdivhion. in circunetanceg wher€ lt rvould be lnequitable to frughate hig'{nvesbenlbacked expectationa, or (2) that tle individual and cumulative .ldverge environmental effects would be .-minimal, high quality wetlands would -Dot be adversely affected, and lhere - would be an overall benefit to the aquatic envircnment. Once lhe exemption i8 egtablished for a 'rubdlviglon, aubsequent lot development by lndividual pmperty owners Day proceed using NWP 26. For purooaeo of NWP 2A the tersr "real estate . rubdivlgion- gball be interpreted to -. i laclude circumgtances where a .lsndowner or developer divides e hact -of land into smaller parcels for the purpose ol oelling, conveying, .. haneferring, leasing, or developing eaid parcels, This would incluCe the entire area of a residential. commercial or '.ther rcal estate aubdivision, including . - 'll iarcele and parts lhereof, (section 404l 27. Wetland ond Riparian Restotution and Crcalion Aclr'vr'tr'es. Activitiee in watels of lhe Uniled States aesociated with the r€storetion of altered and degraded non-tidal wedandg and crtation of wetlsnds on privsle lands in accordance with the terms and conditions of a binding wetland !€storation or clestion agreement belween the landowner and the U.S. Fiah and Wildlile Service (USFWS) or the Soil Conservation Service (SCS); or 2, Removal o/ yesse/s. Temporbry r-tructures or minor discharges of dredged or fill material reqriired for the -temoval of wrccke4 abandone4 or diaabled vessels, or the rtmoval of man-.:aade obstructionr to navigation. Ttris .-aationwide permit doea not authorize : the removal of veesels lieted or d_etermined eligible for lieting on the. National Register of Historic-places unlebe the dietrict engineer is notified and indicateg that thire ie compliance with-the "Historic hoperties" general condition. Thia na6onwide pefrit doee nnl allhorize maintenance ilredging, Ehoal rernoval, or river bank roa-ffi. 'Veasel disposal in waters of *re [initiaSttes may need a permit hom EpA (ree' {0 CFR 22S,3). (sections 10 and 104) ?,3. Approved Ca tegorical Exclus ions. Activitieg undertaken, aseigted, €uthorize4 i^egulated, funded, or financed, in whole or in part, by anotber Federal agency or depariment ivhere that atency or departnent haa. tletermined, pur€uant to the Council on Environmental Quality Regulation for lmplementing the hocedural hoviaions of the National Environmental Policy Act (rl() CIIR part 1SO0 et eeq.), that the - activity, work, or discharge io categorically excluded from' environmental documentation becauee it ls-included within s cstegory of actions which neither individuall-v nor'curnulatively have a cignificant effect on .rre hunan environment, and the Office of t}c Chief of Engineer: (ATTN: waters of the United Stalei. *alers provided: ". fti Aa"n"rg" does not cause the lose of morc ran 10 acrea of watere of the United Statee: b. The permitlee uotilies the dishict enSineer if lhe diecharge would cauee the loss of water: of the United Statee greater than one acre in accordance with the "Notification" general condition. For diEcharges in epecial aquatic eilee, includine wetlands, the notification muet also include a delineation of affected rpeciol aquatic altes, including wetlands. {Al8o Bee 33 cFR 330.1(e)J; and c. The diacharge. including all stiendirnt featur-s, both temporary aird permanent, is part of a aingle and complete project. For the purpoaes of thie nationwide peroit" lhe acreage of loss of waters of OD 50444 "*"t *"*rrar / vol. u4j""u ,Friday, November 22, 1txt1 , -tU Resulations ectivitiee aesociated with the reetoraHon of altered and degraded non-tldal wetlands. riparian areas and creatioir of . wetlandg and riparlan areae on U,S. Forest Servlce and Bureau of land .j Management lands, Federal rurplus . landsle.g., military landa propo'eed for dispoeal), Fermers Home Adminisbation inventory prcperties, and Regolution Truct Corporation inventory propertiee thal are under Federal control prior to- being transfened to the private aecton; Such activities iDclude, but ere not ' .' .' limited to: Insta.llation and maintenance of smell waler conhol sEucturea diker, and berme; backlilling of exiatinS ., I drainpgs dilches; removal of existing- . drainage etructures: conshlctiou of : - amall neeting ialandsi and other r€lated activitie& This nationwida perurit ' . appliee to rertoration pmjectr that serrlc . the purpoee of reetoring "natural" ..: : wetland hydrologr, vegetation and ... .; function to altered and degraded non--: tidd wetlandr and "nahral" functione of riparien areaa For agreemeul .: regt .ration ald. creatiou proieotr only; . this ustlouwide peroit also authorizee*. any future diechorge of dredged or ffll'1 material agaociated wilh the revereioo: of the erea to ila prior conditiou and uee- {i.e- prior to reatoratiou uuder tba , .,2 agreemeut! withia fivc yeara after .. - =expiratiou of the lioited tero wetlaud,. reslorstion or creation agr€eEeDt, eve! if the discharge occura alter this ; ... natiouwide permit expirea. The prior.. . condition will be documented in the original agreemenL and the . determination -of r€fuia to prior conditione will be made by the Federal agency exeeuting the agreement Onca. an ar€e ls reverted back to its prior physical conditioq it will be eubject to . whatever the Corpe regulatory requir€ments will be at that future date. This nadonwide permit doer not . .. i authorlze the converlion of natural . wetlandg to another aquadc use. euch ab creation of waterfowl lmpoundments , where I forested wetland previously . existed. (sections 10 and ,{Xl ?.8. Modifications of Existing Marinae, Reconfigurations of existing docking facilities within au authorized marina area. No dredging additional elipa or dock spacee, or expaneion of any kind within waters of tha United States sre authorized by thia nationwide perurit. (Bection 10). 29. Regewed 30. Reserved 31. Reserved 32- Completed Enforcement Actiont Any structure, work or diecharge of &edged or frll material undertaken in accordance wlth. or remaining in place in compllance with, the terme of a final Federal court deciglon, coneent deciee, or settlement agreement in an e_nforcelnent action brought by the , , United States under section 40{ of the ' Clean Water Act and/or secdon l0 of lhe Rivers and Harborc Act of 1899- . l (sectionr 10 and {(N) 33. Tempomry Constraction, Access ond Dewatering,. TeEporary structues and diecharges, including cofferdame, necessary for constsuction actlvities or accesa Ells or dewatering of construstion 8it€s: provided the associated permanent ectivi$l war previously authorized by the Corps'of Engineere or the U.S. Coast Guard, or firr bridge construction activitiec not subject to Federal egulation Appropriate . , meaEures mugt be taken to maintain i near normal downsheam flows and to r minimize flooding, Fill must be of materialg and placed in a manner that ' will not be ercded by expected hlgh , flowr. Temporary fiII uuat be entirely ,' removed to upland artar following :; completion of the constnrcdon activltF: and the affected areeg reator€d to &e r- pre-proiect conditions. Cofferdamr '.. ' cannot be uged to dewater wetlan& or. othet aquatic areaa ao aa to change thelr uEe. SEuctuEE left ln place after l'1 ' cofferdams ar€ r€movid require a . ' - secdoo 10 peroit lf located la navlgabli- waterr of the United Stater. (See 33 CFR pert 3221. The pemrittee muai uotify thc distict engineer in accordance with the "Notification- general condidon. The _ nolification must also include a rertoration plan of reaaonable meesurec to avoid and miairnizg imps6ls lol aquatlc resourcea. The district engineer will add opecial condidong, wherc necessary, to engure that adverse environmental impacta are minimal. Such conditiona may include: llmiri"g ths temForary work to the minlmum necessary; requiring seasonal _ reslrictiongi modifying the reetoration ' plaq and requiring alternadve constnrctiotr methods (e.g. con8t1rcdon mata in wetlandg where practlcable!, .' Thig nationwide perrnit doeo not authorize temporary shucturet of fill asrociated with mining activitiee or the congtructiou of urarina basins which have not been authorized by the Corpe- _ (recllone 10 and 4(x) M, Crcnberty Pmduction Activities: Disoharges of dredged or fill materlal for dikeg, bemrs, purnps, water control atruchres or leveling of canberry beds aaeociated with expansion, enhancemenl or modifi cation acdvitler at exieting cranberry pmduction operationr pmvided: ' a. The cumuladve total acreege of dlsturbance per cranberry producUon operation, including but not limiled to. frlling, flooding, ditching. or clearing, does not exceed 10 acrus of waters of .- the United States, including wetlandgi ' , b. The permittee notifies the Disttict Engineer in accordance with the ' . notification procedures; and ' - c" The activity doee not regult in a net ' loos of wetland acreage. Thle nationwide permit doet Eot ' : autboriza any diecharge of dredged or ' fill rraterial related to other cranberry, . production activitieg guch ar :-'. ' warehouger, proceesing facilitiee, 6r . : . parking areaa. For the purposes of thia nadonwide perrriL the curnulative totsl .. of 10 acrea will be meagured over the --, .. period that thie nationwide petnit ir . : . . valid. (eection {0,1) 15, Maintenance Drcdging of Enbting - Bosrhs. Excavation and removal of accurnulated aediment for maint€nenca 3a. Eoat Ramps. Activitier requJred ':'. ' for the congtruction of boat rampa . .''n . provided - ::- i . a. lte diecharge lnto rriiterr of the--i: ' .- United Stateg doeg not exceed 5{l cubic yardr of coneete, mch croehed gtons gr gravel into forur, or plac.emeut of pte , csst crnclrle planks or elabg. (Unsultable material that caueer .l unacceptable chemical polludon or le atruchtally unatable'tr not authorized[ b, The boat ramp doee not exceed 20 feet ia widtb; . c. lte base material ie crulhed atoue' gravel or other ruifable material . d. The excavation is linited to the .: area necessary for aite preparation aad. dl excavated material is reuoved to the s. No materlal ie placed ln apecial- 1 squatic siles, lncludi4 we[ande. - ' Dredging to pmvide accers to the boat' ramp-may be authorized by auother ' NWP, regional general permit or individual permit pursuant to tectiou 10 if located in navigable waterr of tbe Unlted States. (eectiona 10 and {(x) ' 37. Emeryency Watershed hotecdon. ond Eehabilitotion, Work done by or '' flnded by the Soil Conaewadon Service qualifying as an "exigency" eituation - (requiring tmmediate action) under itr Emergency Waterahed hotection hogram {7 CFR part E?l} and worl done . or funded by the Forest Servico rmder lts Bumed-Aree Emergency Rehabilitetion Handbook (FSH 5@.13) pmvlded the. dtstrict engineer ie notified i.u . accordance with the notification general upland; and - Federal Register / Vol. So, No. 226 / Friday, November 22, 7WL / Rules and Regulations 59145 condilion. (Also see 33 CFR 380.1(e)J. (sections 10 and 4o4) 96. Cteonup ol Hazardous and Toxic Wrsta Specific activities required to . eFect the containmeni, gtabiiization or lemoval of hazardous or toxic waste . , .lrat€rial8 that are performed, ordered, or' .aponsored by a govemmenl agency with cstsblished legal or regulatory authority provided the plrmitteJnotifiis the- district enginier in accordsnce with the "Notification" teneral condition. For dischargeo in slecial aquatic sites, ' lncluding wetlands, the-notilication mugt aleo include a delineation of affected ;pecial aquatic ritea, including wetlsnds. Court ordered remedial action plans or related aet ements are also- authorized by thia nationwide pemit. This nationwide pemrit doee not authorize the establishment of new diaposal sitee or the expansion of' existing aites used for the disposal of bazardous or loxic waste. [sectiom 10 and {X) 39. Reeerved _ 40. Fatm Buildings. Dischargea of dredged or fill matErial into lurisdictional wetlande lbut not iucluding prairie potholis, playa takee, or vernal-poola) that were in agricultural crop production prior to December 23, 1985 (i.e., farmed wetlands) for foundatioDs and buildine oads for buildings or agriculturalElated rEu{tut€s necessary for farming activitieg. The diacharge will be limited lo the ninim"rn necessary but will in no'' caee exceed 1 acre [see the "Minimization" aection rt(X only :condition). (section i{X) co#iiio#me iouoluior rditions must be followed-ingeneral conditions must be followed-' order for any authorization by a - ,'rationwide permit to be valid:. 7. Novigation No actlvity may cause nore lhan a minimal adverse effect on. navigation. 2, Proper mointenance. Any structure or fill euthorized ahall be properly maintained, including maintenance to.ensure public safety.' 3. Emsion ond siltation controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed goil and other fills must be perminently otabilized at the eailiest praclicable date. 4. Aquatic Iife movements. No activity may substanlially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the ictivlty's primary purpose is to impound water. 5, Equipment, Heavy equipment be eligible, or which the prospective .working in wetlanda must be placed on permittee has reason to believe rray be mats or oiher measules must be taken to .;ligible for lieting on lhe Nationat minimize eoil dieturbsnce. Regieter of Hiato;ic places, and Bhall not 8. Begional.ond cose-by-cose beiin the activity until notified by the conditions.The activity muat comply Diitrict Enrineei t}lat the reouire;rentswith any regional conditione which may of the Nati6nal Historic heservation have been added by the division Act have been aatisfied and that the . engineer (see 33 CFR 330.4(e)) end any activity ia authorized. tnformation on case epecllic conditlons added by tbe fte locition and exietence of hietodc ' Corps' - - r€eourcee can be obtained hom the7, Wild and Scenic Ervers. No activity Stale Historic prcservation Office andmay occru.in a component_of the^ the National Register of Historic placeg National Wild and Scenic River€Jstem; {8ee Bg CFR g3g:4(g1). , . or in a river officially designated b-y.., tX, Notificationli) Where reguired .Congrese aa a "atudy river" {or,possible Uv lii i"'riii Jf tfr"'Mgp;th; :::I:'ji.T^lli-1{-:_,t_:Tj-yl-'rg the river ;il;;;i;;;rmnree must notitu rhe 11T,li',o^tl:,:t^11|!v-.._T::t:T"3"u"" bistiict en6i'eer as early as posiibre 3i'#"""1"*.Tif; l'f;,fr:?TrT:IkK**",'fi itltil:H:'J$;*ffi'**and the U.S. Forest Service.-li zila"l"reii". N" ;ciiJitv or rts F+l:",t-t*tt$e activitv mav-p.roceed operation may tmp"it """""rii nifia T9:1,9:-YT *tth- anv special ;'ehrr, ittctodi;;lff"t-*tli.fi"a tr- conrlitione imposed by the district or f,i"ffi1#lTil*rs and rreaty nshins '6'fi",':ltH"f;,orle Disrrict or e, WoA;quEliry certification.ln DMsion engineer lhat an individual certain sht6s, an-individual gtate water permit is rcquired; or quality certilication must be obtained or (3) Unless 30 days hgve passed hom . waived (aee 33 CFR 330.4(c)). tle District Engineer's-receipt of the 1,o. Coastol zone monogemenLln notilication and the prospective certain ttates, an individual rtate tremittee has not rcceived notice hom coastal zone nanagement consisteDc:lr the District or Divieion Engineer, concnr"ence rnust be obtained or Subsequently, the pemrittee'o rigit to .. waived. (see 3,it CI'R 3i10.4(d)) :. , proceed under the NWP may be - . TL Endangered Species. No activity ia oodilied, auspended, or revoked only in authorized under any NWP which ie -. .lccordance with the procedure eet forth . likely to jeopaldize the continued h 33 CFR 93{t.5(d[zl. existence of a tbreatened or eu-dangereil . .{b) The notification must be in ivrir'b r.pecies or a apeciea prop-osed for such -, hnb include tbe following informatron -. designatioq aa ideutified under the .: aDd any Equired fees: - .. F:qe1af +d:nSered Species Act or - - - {r) Name, atldress and relephone . ...wrucn rs.llKely Io dFEtIoy or.sdversely . aum'ber of the pmrpective permittee; . .nodify th9 cri-tical h-abitat "!Tq ,, - frir.*uii ot n".p-por"d pmject . :tJr'i,"h}ll"*:i:"i-lf f,rll",T"'Hl"u--iii-t:]ltt-'ptionof theproposed "p""i"ior .u""i -u$ii.i #eli'ui""- p_.gf "-"li t" !tr":11ry?_l=-tl?'1!:id aifected or is in rhe vtcinity ;f the f:,:::: "-:Y:Te envuonmenEr Grlecl8 project and ertatl not belin"rii"i-on rt " tbe..project would cauee;-any other ictfvity untii notin"a uv"trr" a]tlili -'- lIY.-P..t:l: fq"-"algeneral permit(s) or ""gi""""'-ti'"1 th;"i't'r;;"; ;ii" $i:id,':l ryyit(eJ used or intended to E""dansdd b;;cb'-C;i fi;-#;- , !: :41" :y$"rize anv part oJ the eatisfied end that lhe activitv'il--" proposed proiect or any related activity: authorized, lnformition on deiocaUon - _f ] W\r.9 reUu,ired by-the te-rms of the of tlrreatened ""a "oa"n!et.a ;;;;i; NWP,. a delineation of affected special and their criticat h"bi6i1;; b;----- aquatic sites, including wetlands; and- obtained hom the U.S, Fish and Wildlife (5) A alatement that the prospective Service and National Marine Fisheries permiltee has contacted: Service. (see 33 CFR 330,4(0) (i) Thg USFWS/NMFS regarding the 72, Histoic properlr'es. No activity presence ofany Federally listed [or which may affect Historic properties . proposed for listing) enCangered or listed, or eligible for listing, in the threalened species or crilical habitat in National Register olHlstoric Places ie the permit area that may be affected by authorized, until the DE has complied the proposed proiect; and any available'with the provisions of33 CfR 325, infoimation piovided by those agencies. appendix C. The prospective permittee [The prospective permiltee may contact must notify the district engineer if the Corpi Dislrict Offices for USFWS/ authorized activity may affect any NMFS agency contactr and lists of historic propertiea listed, determined to critical habitat.) 591{6 Fedsral' -(ii) The SHFO regarding the presence of anv historic orooerties ln thp rrc"nirany historic.propertiesln thi pernit.. area that may be affected by the : propoaed project and tle available informatlon. if any, provided by that ' r egency. (cJ The etandard lndividual permit application form fForm ENG lils] marr h_e urtd as the notification but muet 1 clearly indicate that it ie a pDN and .i must include all of the information .. lequired in(b) (lf(s) of General ,. Conditioo 13. (d) tn reviewing au activily under the. notiEcation procedure, the f,iisEict . :Engineer will firat determine whether., :.the activigr will result in morc than *_,. minimal individual or cunulatlve , ,;: adverse environmental effects. or will bi contlary to the public interesl The . ,. prospective permi-ttee may, at hie optiorl &rbmit a. proposed mitigation plen with. lhe predischarg€ notification lo expedite the.procesE and t}e District Engineer . .will.conclder eny- optioual mitilation the' applicaat haa included ln the oiooosal h. determining whether the net adv6rse.. .'_. envi_ronurental efrects ofthe proposed l . work are minimal. The Distriit En ineerwill consider any commenlg ftom Federal and State agencies concerning ;tme pFopon€d-activity'r compliance wilh the tenrr and conditiono of the nationwlde permito and the need formitigation to rcduce the project'r ' .adveFe environmental effectr to 6 minimal level-The diatrict engineer will- upoD r.eceipt of a notification provide immediately (9.g, facsimile trangmiseion . overnight mail oq other expeditlous m-anner) -a -coplrto the approprlate offices of the Fish and tilildlife Sewice. . State natural t€source or water qualitlr ugency, EPA. an4 if appropriate, the - National Marine Fisheries -Seffice. Wifh the.exception of NWp SZ, t}ese agencierwill then have i calendar days hJm the date th! material ig hancmitied to : telephorre the District Englneer if they intend to provide substaritivq sita- - . specific comments. If eo contacted by an agency. the Disirict Engineer will wait an addidonal 10 calendar d.aya before rnaking a decision on the notification. The District Engineer will fully consider_ agency comments received within the': specified time Fame, but will provide no responee to the rtsource ageniy. The District Engineer wilt indi;te i; the adminisbative record. aggociated with each notification that the reeouce agenciee' concerna were considered. Applicants are encouraged to provide the Corpe multiple cooiJe of ' notificatlons to ixpedite egency notification If the DistriA -Engineer determine3 that the activity cimpliee .. wltn rhe terms and conditiong of the . NWP and that the adverse effects are :"Ttl'r"[ he will -notify the permittee-and rnctude eny conditione he deemg necessary. U the District Enlineer determines that the adversJeffectg of the propoaed work are more than minimal. then he will notify tbe ,. .applicant eithen (11 That the proiect . ,does not qualify for authorizafion under the NWP and instruc.t the applicsnt on Ine-procedures to eeek authorization . -.,under a.n individual permi! or (ZJ that lhe proiect le authorized under'the. .. . : nationwide permit subiect to the . . r l applicant'o rubmitting a mitigation . .. pmporal that would riduce iire adveree . effecta to the minimal level. This . : . . :: :mitiga{oa propogal must be appmved..i.. by the District Engineer prior id ..- ' :_ngenhudas.tntu4tsfqT_d "utt!,"r. rnidEr;;tdtth4nust. , ' wouta o""ur Iilra-i to" --y vrir.;qr In Ordct tO llttf uE- t- . . 'acrea.Se limitr oi --" J tir l"U**ia" ;mpacts of the o acre ioJ the nationwide perrrite to be vslid: - : " g-a"."" i.-o-.-"a-Ffu ba sge d to of rs€t-rh. ";-";J ;d'5d Srres thal would occur In 6rd.r to ncrttha" i ' comneucing worlc If ttre prospective :, permiltee elecls to aubmit e mitigation : plan, the Drt will expeditiously riview the propoeed mitigation plaq but will . not commence a second go|.dey :-:': notifrcation ptocedure. If the net adverre effectr of the proiect [with the mitlnation.' propoeal) are detenuined by the Dishicf Engineer to be minimal, the Dishict l Engineer wil! pmvide a timely writtec ri respo.nEe to the applicant lnloming him that the proiecl c,"n prcceed under tha . telms end conditions of the nationwideipermil . ; (el Wetlonds Delineotrbns Wettand i delineatione mrist be prepared in . . ,, acconlance with the current Eethod. required by the Corpe. The oelnittee : may ask the Corps to delinelte the .. . . . epecial_aquaHc aite. Ttere may be aome delay if the Corps does the deilneation Furthermore. the 3Gday period will notgtart until the wetland delineation has ' been completed. (fl Mitigation:Factom that the Dieirlct Engineer will consider when determining the acceptabilitlr of appropriate and practicable mitlgation . include, but are not limited to: (1) To be practicable the mitigatioa : must be available and capable 6f being ,done considering costsr existing technolory, and logistics ia light of overall project pulposesS (2) To the extent appropriate, permittees should consider mitigation banking and other forms of mitllation including contributions to wetlaid trust funds, which contribule to the restoratiotr creation replacemenq enhancement or presewalion of wetlands. Furlhermore, examptea of mitigation ;lhat may be appropriate and piacticabte include but arc not limited to: reducing the--aize of the proiecB establishing outret zoneg to protect aquatjc FesouFoe values: and,replar;ng the-losa of aquatic resoutce values by creating reetoringi , .-7, WgEl suA-ply intokes. No discharge of dredged or fill material may occur li the proximity of a public water rupply ^inteke exc€pt wheru the diocharge is fo? ' repair of the p.lhlic water eupply-intake. Structure! or adjacent bank . i r5 . -_ -.-l,ili--rt^-elabilization. -?-- Shellfish producAbn No discharie-i ' .', '. :.: .. of dredged or fill materlal may occurlrr" areas of concenEated ehellligh '.r r '- .r ',i ploductio4 unlesc the discharge ic:' ,,- .'i '. of dredged or fill materlal may areas of concenbated ehellligh I 'd;;"ttl ;til;;liJrriil'f ffi*a' :'.. -,\rir guuy f'std.trtr ru u tlleltlt8lt naryeflulg - activity authorized by nationwid€ - -=;:.. ... . '. r-. peEdt 4. 3. Suitoble moterial.No dischargrg of i. - - , ' dredged or fil h;G;;t;ffi;;' j uneuitable material (e.9., hash, debris, r - . car bodies, etc,) and materlal disCharged 'nust be free from toxlc pollutants In - - - loxic amounts (8ee section gOZ of ihe ;.1 CIean Water Act). 4. Mitigation. Dischargea of dredged . or lill material into waters of the United States must be miniaized or avolded to the maxinurn extent practicable at the - project site (i.e. ou-siteJ, unless the DE has approved a compensation Ditigation plan for the specific regulated acUvity. . . 6. Spowning orEaa, Discharges in opawning areas during epawning seasonl must be avoided to the maximum extent practicable. 8. Obstrudtion of high flows. To the maximum extent pracdcable. dischargec must nol permanen y restrict or impede the passage of normal or expected high flowg or cauge the relocation of the water (unless the primary purpose of the Iill ie to impormd waterr). 7, Advene impacts fivm impoundme.nts. If 'he discharge creales an impoundrnent of water, adverse impact! on lhe aquatic systeo caused by the accelerated passage of watet and/or the restriction of its flow ehall be minimized to the maximum extent practicable. 8. Wote$owl brceding arcag. . . ' Dischargea into brceding arcas for -1 ..; ,.i -*;- i pesmits (e-& s "o"" oJ *-.tUnar """"oti:iT"'i:ii'"T:lT,:,'".trSk; tnigratory waterfowl must be avoided to. lhe uaxiraum extenl praclicable. ^ ' ,' . 9. Bemoval of tcmpomry fills. Any :' 'i leuporary fillg must be removed in their. . €ntirety eDd the affected areag mhmed to their preexisting elevetion. '.. " FRDoc. Et-''!,73 Fied,77-27-sr; B:45 aml... .-. ttr,.t.xc ooc Iro{H H'LY cRoss #o.-rRrc ^rr#,ArroN. rNC. 3?99 HICHWAY 82 P. O, DRAWER 2I5 O GLENWOOD SPRINCS, COLORAT}O 81602 November L2, 1991 Ted Huskey, EnEineerlng Senrice Supenrlsor TH: rJnr CC: HCEA, Vail Office Mr. Michael LauterbachP. O. Box 3451-Vail , Colorado 81658 FS: Alpine Creek Townhones (Spruce Creek TownhomesPhase III) Overhead to Underground Conversion ofPrimary Electric Facilities Dear Mr. Lauterbach: Reference is nade to your October 29, L991 letter and theestinated cost for the above rnentioned conversion of the nowexisting overhead primary electric line which is presentlyadjacent to the South Frontage Road on your proJelt. r wourd like to make reference to Holy cross Electric's retterfrom Winston Chaffin to ur. Carl Dieti, dated August 13, 1991,which estimated the cost of burying thi overhead-line across theentire original Spruce Creek propeity to be g25rooo.oo. Saidconversion must encompass the entire-distance aiong the northerly ll"".9f your project, as weII as the spruce creek iownhonesr oEit will not be considered for construcli.on. rf you are obligatedto_p"y only a portion of the total cost of construction, thebalance must be received from the other parties prior to ourbeginning work on the project. Alr property owners arong the project route will be required toprovide easements acceptabre to Holy cross Erectric toi ttreinstallation of underground prirnary electric facirities. llr.Dietz agreed,.in the letter dated lug'ust L3, 1991, to grant aneasement required for the new poner line to be installed underI70 and for related necessary pad-uounted facilities. Holy cross Electric will invest in the cost of new poles to dead-end the overhead conductors, underground wire, switlhgear andwire related material . you wourd ue required to inveit the costof the trench, conduits and vaults. The above cost is only an estinate and is based upon l_99Lconstruction costs. should this project becone viable in thefuture, Holy cross Electric witl prepare a more detaired costestinate using the current construction sosts for that tine.contractual agreenents wirl be prepared for all concerned partiesat that tirne. Should you have any guestions, please call me at 949-5g92. Sincerely, HOLY CROSS ELECTRTC ASSOCTAUON, INC. (303) 94s,s491 FAX: 945-40E I :z;/ -{ t\p*l' Prior to issuanco4l a building permit, the applicant shall;- I " a,/ pro"i#etter from tr.e Army corps or enginJ?taring that the appticant has salisfied he requirements for developing a slte partially covered by wetlands. b. Provid(docu-iiiauun from Holy Cross ElecEic Assoclation hat the unused €lectric e;serneni-6-nning throujn the c€nter of the property has been abandoned. / c. Provide a dralnage plan of he site lor the rsvieur and approval of the Town Engineer. | 6. Provlde the Town wlth $8,000 In cash to b€ usgd for blke path construction at any location between Donovan Park and Dowd Junclion. 'l o. Provide an accurale estimate from Ted Huskey, from Holy Cross Electric Associalion, lor the cost ol undergrounding the utilities adjacenl lo this parcel. ln addition to the gstimate, the applicant shall establish an escrow account with the appropriate agreements which the Town may use to underground utilities. 2. Prior to submitting an application tor deslgn revisw, tho appllcant shall modify tho sile plan, and: a. Move he €aslem building 5 leet to the €ast. b. Provide 4 more parking spaces, 2 on the €ast and 2 on the west side of fire lruck tum-around. The Town shall waive all application fees lor employee housing, if ths applicant requests any employee housing within one year of the approval date of this request. Allbuildings shallbe separated by a mlnimum distance ol 10 feet, as measured from each loundation. The total GRFA allowed on this parcel shall b€ 13,800 sq. tl. Each ol the 6 5 single family dwelling units shall bo allowed e*0S 2J60 sq. ft. of GRFA. The 225 sq. ft' credit is included ln these numbers, and may not be added to the 2€e0 ?J60 sq' ft. ot GRFA allocated to each dr'.relling unit. A 2'car garage, with lhe conesponding 500 sq- tt. credit, will be allowed to be added to each ol the dwelling units' /3. c:Veclrnema\sp.u€.O I tl TO: FROM: DATE: SU&JECT: MEMORANDUM Greg Hall, Mike Brake, Dick Duran, Mike Mc€ee Andy Knudben October 7, 1991 Spruce Creek, Phase lll The issues listed below are an accumulation of all of the different @ncerns whidr have been raised during the review of Spruce Creek, Phase lll. I believe the attached plans address each ol them. 1. Provide positive drainage from garage doors to the road, provide adequate drainage from the road and site to Gore Creek. 2. Redesign berms to allow for gravel shoulders and roadside drainage. 3. Ensure ftat parking spaces are a minimum of 9'wide. 4. Increase driveway widths to a minimum of 12 feet. 5. Show adequate snow slorage areas. 6. Provide adequate number of fire hydrants. 7. Move the eastern building 5'to the east. 8. Provide a total of 8 visitor parking spaces. L Ensure that there is at least 10' between each building. Please review the attached plans and make sure these concerns have been addressed. Thank you. t[Vv {WL@ O -r+r4t INTER-DEPARTI{ENTAL REVIEW PRorEcr: =*O O* DATE SUBMITTED: IO. Z DATE oF COI{MENTS NEEDED BY: IC HEARING.t&.q I PUBLIC WORKS Revl,€w€d by t connentt: fl-,,*ft' ,lnl 4 13 3r<cs . z) 7,/:"4" ';" 2--- /4': 'P44' y' ;;z--r-;*Z;- *-/<'2- "'1'/ 02 fua.t-24 ; f/rC<: fl. ZO3 Revlewed by: ConmentB t ' revlged !/LL/9L' , lz .,t /j-a . . .' . POIJICE DEPARTI,IENT Revl,€ued by 3 - Drr* $ TO: FROM: DATE: SUBJECT: MEMORANDUM Greg Hall, Mike Brake, Dick Duran, Mike McGee Andy Knudtsen October 7, 1991 Spruce Creek, Phase lll The issues listed below are an accumulation of all of the different concerns which have been raised during the review of Spruce Creek, Phase lll. I believe the attached plans address each of them. 1. Provide positive drainage from garage doors to ths road, provide adequate drainage from the road and slte to Gore Creek. 2. Redesign berms to allow for gravel shouldsrs and roadside drainage. 3. Ensure that parking spaces are a minimum ol 9'wide. 4. Increase driveway widths to a minimum of 12 feet. 5. Show adequate snow storage areas. 6. Provide adequate number of fire hydrants. 7. Move the eastern building 5'to the east. 8. Provide a total ot I visitor parklng spaces. 9. Ensure that there ls at least 10'between each building. Please review the attached plans and make sure these concems have been addressed. Thank you. o PROJECT: DATE SUBHITTED! COMI,IENTS NEEDED BY: PUBLIC WORKS Rsvl€n€d byt con$€nt6 ! JW-lq/e C HEARING.f 0'rl I flrr,* t4'c fl^ 4ft'. l,rl 1!3mct. IIBE-DEgA8EENI,Revl.ewed by: - Date ! conD€nts ! .'..., . POLICE DEPARTTiIEN T Revleweil byr _ Comnents t - RECREATION DE PARTI.IENT Revle$ed byt - couDents I revleed 3/LL/9L , ,rr;i.ii;i .'i,i'':'t:" "i:ri*ii!':lii..l.;i'.';i:,.:lr .. ,.1;,lii:+il i ffi.*1.;; *ffi1 -:';r,$'i:iltl y'i,;;.'.i,ori ;. t ffitii '.'.1i.,...,.,.rrF: /.:'i:. ...ffi : ;:',1.1 :{r.,:'# ;i,.' i !',''' ,fj.j.,.nir';., I ..' .:.. ; ':"= ' .Drrt$ frr'lP.t TO: FROM: DATE: SU&JEGT: MEMORANDUM Greg Hall, Mike Brake, Dick Duran, Mike McGee Andy Knudtsen October 7, 1991 Spruce Creek, Phase lll The issues listed below are an accumulation of all of the different concems whicn have been raised during the review of Spruce Creek, Phase lll. I believe the attached plans address Ut"p i each of them. t " "" "htf1. Provide positlve dralnage from garage doors to ths road, provide adequate drarnage./ > ) ,(' from the road and site to Gore Creek. , ^J l* 2. Redesign berms to allow for gravel shoulders and roadside drainage. lWi U,U |rn- *3. Ensure that parking spaces are a minimum of 9'wide. f 4. Increase driveway widlhs to a minimum of 12 feet. 5. Show adequate snow storage areas.-' '------: 4 ye av 't{- 6Y, o\r 6. Provide adequats number of fire hydrants.' 7. Move the eastern building 5' to the east. 8. Provide a total of 8 visitor parking spaces.V 9. Ensure hat there is at least 10' between each building. Please review the attached plans and make sure these concerns have been addressed. Thank you. f(L,LJdlq fi,12.,1^ s;p<--u /'/"{, Vvst ML: ne cc: Sandy Capell I Andy Knudtsen, t\o,o*r.r.., MICITAEL I..AUTERBACE P.O. BOX 3,151 vArr.,, coLoRADO 81658(303) 476-6e44 titne cosE or Duryl-ng Ene Overnead poWer IIne across t'ne tfrarCt pnase Ot \ gtq Spruce Creek Townhome site, if work is commenced prior to ,-rz_ lrs€p+\mber l-5, l-996. As the entire Spruce Creek frontage--eent{Lns-'--'( 935.,/ Linear feet and as the third phase site contains(:ez.4linear\ta€t, my portion of the total cost would not exceed 4O\fs€=ed-nt or October 29, 1991 Mr. Winston Chaffin Stakj-ng Engineer Holy Cross Electric AssociationP.O. Drawer 2l-50 Glenwood Springs, CO 8l-602 Dear l{inston: Pursuant to your letter dated August 13, L99l_ addressed to Mr. CarIDietz, it is the intent of the Town of Vail for me to participate inthe cost of burying the overhead power line across the third phase of $10,O00 of your current estimate of g25,OOO. At your earliest opportunity, I wouLd appreciate your fashioning Holy Cross Electric's standard fonn cost participation agreernent which would reguire pal.rnent of ny portion of the construction at a timecertain after the cornmencement of construction. To avoid any encumbrances upon the property, I will arrange for St,ewart Title of\r'ail- to guarantee "he payment and will deliver an appropriate bonding agreernent to them. Please contact rne if you have any questions and f look forward to reviewing the completed agreenent. Stewart Title r,z Town of VaiI MEilORANDUM Planning and Environmental Commlsslon Community Development Department -^^ -.->'/+t tr /.'1V€S Pec t a/r77q1 zuatre.L/ TO: FROM: DATE: SU&JECT: October 14,1991 Notiftcation of Modilications Made to Spruca Greek, Phase lllSite Phn Agplicant: Mike tautelbach Planner: AndY Knucltsen on August 12, 1991, the Planning and Environmental commission approved a development plan ror rhe rhird and tinaiil;.;ifsdq.ClTk Mike Lauierbadr, the applicant' had orooosed six sinsle-fam'rv [dt*' ".In *itn 2,300 sq' ft' This development plan was a fi;;i;; iri-or.;itv ino enrn ftom rhe 1979 Easte counry approval. After the PEC approval, the applicant re-evaluated the proqosal. and.dedded that it would be better to detete one o"eriii.tgi;tiirom ne pan. itre total'onrr tor the site vroukt remain the same. The difference is trit it is clivided among nve single'famity_d,Yelling unlts.instEad of six' The attached sheet show; ihe conditjons ot aFdrovat which the PEC placed on the project' The last condi$on Oears-*itltt'-Anin, inO the ctianges discussed above have been Incorporated into that condition. staft approvect the proposed development plan change,.-wih the underslanding hat staff woutd nority the PEC "it-n-. ,,iliiil iilnl'peC wouiO tite to raview he statf decision' the PEC may request a more thorough review' 1.Prior to lssuance ol a building permlt' ths applicant shall: a. Provide a letter trom the Army CorPs of Englneers ^:q:it9-l1l9e applicant has eatisfied n" tequirJrensioiOeveioping aitte partiatty covered by wetlands' b. Provide documontiation from Holy cross Electic Association lat dre unused electric easemenirunning throuih the oenter ol the proporty has been abandoned. c.Provideadfahagep|ano|tresite|ortrerevigwandsgprova|o|theTovn Engineer. d'Prov|datheTorrrnwhh$8,000|ncashtoboused|orblkePathoonstructionat any tocation between Donovan Park and Dond Junc'tion' e, Provlde an accurate estimate from Ted Huskey' fro.m Holy Cross Elsctric Association, ror irre cosi oiundergrounding rh6 utilitiel adj"rll_to this parcel'. ln addition to the ostimate, the applicant S-hall establish an escrow account w1h the appropriarc lii:#r*b *r,iiri$," Torn may usa to underground utilities. Prior to submitting an application for design review, tho aPpllcant shall modify the site plan, and: a. lrlove the eastem building 5 teet to he east' b.Provide4moreparkingspaces'2ontheeastand2onthewestsideo|firs truck tum-around. The Town shallwaive al| application |ees |or emp|oyee housing., i|-th6^apP|icant requests any emptoye;hdiing withtn one year ot ine approval date of his request' A||bui|ctingssha||b€separatedbyam|nimumdistanceofl0|eet,asmeasured|rom each foundation. The tolal GRFA allowed on this parcel shall-be 13'8OO *' [-l1cn31 th-e 6 p' eingle famity dwe'ing units .i.t!iU" rrr.i""d .*gO 2J60 sq. tt, if GRFA. The 225 sq' fi' credit is included in h;;; nutOltt, anO may noibe'added to ths 3P0e ?t7FQ sq' tt' ot GRFAa|locatedtoeachdwe|lingunit.A2.cargarage,Yithth:.Prresponding600sq. tt. JreOit, will be alloweO fo Ue aiOeO to each of the dwelling units' 2. 3. 4. 5. clp.c\momaEptucs-O1a NA.I.,IE OF PROJECT: LEGAL DESCRIPTION: STREET ADDRESS: LIST OF I''4ATERIALS ine Creek Townhomes LOT BLOCK SUBDIVISION Road West O 1750 South Fronta DESCR]PTION OF PROJECT:Farnilv Residences The following information isReview Board before a final BUILDING MATERIALS: Roof Siding Other Wall Materials Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Flue s Fl ashings Chimneys Trash Enclosures Greenhouses Other B. LANDSCAPING: reguired for submittal to the Designapproval. can be given: TYPE OF MATERIAL Asphalt Shi ngles COLOR Black T&GMasoniteSiding Llght Brom S tuc co Beige 2x8 Dimens j.onal Lieht Brown Plywood Wood Green None 2x6 Llsht Brown Me tal Green Stucco Belee Metal Lieht Brown BrownMetalLisht None None Name of Desiqner: DLr^h^,SllvltE, Frrt en i ea l Namo Steven J. Riden g4g::4r2r PLANT I4ATERIALS:Common Name Evergreen As Den Ouantitv Size* 84 6-8' 2t' EXISTING TREES TO BE REMOVED *Indicate caLlper for deciduous trees.deciduous tregs-is 2 inches. Indicate I.loo d Mininum caLiper for height for coniferous ol UTII.,ITY LOCATION VERITICATION Spruce Creek Phase IIISUBDlVISION JOB NAME Alpine Creek Townhomes LOT BLOCK FILING ADDRESS 1750 South Frontage Road West The location and availabilit.y of utilities, whether they be maintrunk Lines or proposed lines, must be approved and verified bythe following utilities for the accompanying site plan. Authorized Siqnature U. S. West Communications 1-800-922-1987 458-6850 or 949-4530 Public Service Company v4Y-J t 6 t Gary Hall Holy Cross El-ectric Assoc. 949-5892 Ted Husky/t'lichael Laverty HeriLage Cablevision T.V. 94 9-5530 Steve Hiatt Upper Eagle valley water & Sanitation District * 4'16-7 480 Fred Haslee NOTE: Date y-zt -? [ ?-2/-r/ 6 -a /-?/ I.rd\ [*$0!q r-%q./ These verifications do not relieve the contractor of his responsibility to obtain a street cut permit from the Town of Vai1, Department of Public Works and to obtain utilitv ]ocations before diqqinq ln any public right-of-way or easement in t.he Town of Vail. A buildinq pernit is not a street cut permit. A street cut perni-t must be obtained separately. This form is to verify service availabiLity and location. This should be used in conjunction with preparing your utility pJ.an and schedullng inst.alLations. * Please bring a siLe plan, floor plan, and elevations when obtaining Upper EagIe Valley Water & Sanltation signatures. Fire flow needs must be addressed. FIL T COPY lnttn 75 .ouilh hontagF road vrll, colorado 81657 (3Ct) {7*2138 (30s) fi$213e August 13, 1991 offce ol communlty dmloPmelrl Mr. Miciael Lauterbach P.O. Box 3451 Vail, CO 81658 Re: Approval of Phase lll, Spruce Creek Dear Mike: Attached to this letter is a list ol the conditions of approval proposed by staff going into the PEG hearing yesterday. These were modified by the PEC, and a list of the conditions rellecting the PEC discussion is shown below: 1. Prior lo lssuance of a building permit, the applient shall: a. Provide a letter from he Army Corps ol Engineers stating that lhe applicant has satisfied the requirements for developing a site partially covered by wetlands. b. Provide documentation from Holy Cross Electric Association that the unused electric easement running through the centsr of the property has been abandoned. c. Provide a drainage plan of fie slte lor the revlew and approval of the Town Engineer. d. Provide the Town with $8,000 in cash to be used for bike pah construction at any location between Donovan Park and Dowd Junction. e. Provide an accurats estimde from Ted Huskey, from Holy Cross Electric Association, for the cost ot undergrounding the utilities adiacsnt to this parcel. In addition to the estimate, the applicant shall establish an escrow account with the appropriate agreements which the Town may use to underyround utilities lor this site. 2. Mr. Michael Lauterbach August 13, 1991 Page 2 Prior to submitting an application for design review, the applicant shall modify the site plan, and: a. Move the eastem building 5 feet to the east. b. Provide 4 more parking spaces, 2 on the east and 2 on the west side of fire truck turn-around. The Town shall waive all PEC application fees lor employee housing, if the applicant requests any employee housing within one year of the approval date of this request. All buildings sha[ be separated by a minimum distance of 10 feet, as measured from each foundation. The total GRFA allowed on this parcel shall be 13,800 sq. ft. Each of the 6 single famify dwelling units shall be allowed 2,300 sq. ft. of GRFA. The 225 sq. ft. credit is included in these numbers, and may not be added to the 2,300 sq. ft. of GRFA allocated to each dwelling unit. A 2-car garage, with the corresponding 600 sq. ft. credit, will be allowed to be added lo each ol the d^relling units. Thank you for your cooperation during the review. I believe the site plan modifications made during the review have improved the quality of the plan. lf you have any questions about the modified conditions of approval, please contact me so we may discuss them. lab Enclosure 3. 4. 5. Prcsent Chuck Gist Diana Donovan Connie Knight Ludwig Kurz Ikthy I-angenwaltcr Jim Shearer Gena Whinen F IL E COPY PLANNING AND ENVIRONMENTAL COMMISSION August 12,l99l Staff Krisun Pritz Mike Mollica Jill Kammerer Andy Knudtsen Shelly Mello Betsy Rosolack Amber Blecker The meeting was called to order by chairperson Diana Donovan at 2:05plvt- 1. Review of a staff aporoval of a minor amendment to Special Development District No. 22. Garden of the Gods. Lot K. Block 5A. Vail Villaee 5th Filine/365 Vail Vallev Drive. Applicant Marearet Hilt Marital TrustPlanner: Shellv Mello Shelly Mello exptained the staff appmval stemmed from discrepancies between the original suvey, completed by Eagle Valley Surveying, and the Improvement location Certificite (LL.c.) by Robillard Associates. Pam Hopkins, represenring the applicant, said the new building had been located per the survey conducrcd by Dan Corcoran. They used Robillard and Associates because they were conducting the on-site road improvcmcnt surveys and where thus more easily accessible. Pam and Shclly both stated the building appeared o be sited correctly, and the discrepancies wcrp related to lot line lengths. Kristan Pritz explained one survey needed to be chosen for usc as the legal description for the SDD Ordinance. Kathy Langenwalter agreed, stating therc was a need for documintation. Diana Donovan was concemed how thc discrepancies might affcct the ridge line height and the coresponding view corridor. Kristan said staff felt the building was in the right locarion, but staff needed only one base map documenl Staff would have the ridge elevation shot when appropriatc from the original view corridor location. Shelly indicated a third survey to be performed would determine the survey of recond, since neither of the two prcvious surveyon could find fault with thcir uiginal surveys. Diana stated therp was a need to find the mistake and establish a legal description. Kathy suggested rescarching to determine if there was more than one title rcport for the property, and if perhaps that could have been the basis for any discrepancies. Pam agreed to do that research. Kathy Langenwalter moved to appmvc the staffs approval of a minor amendment to Community Development Depanment No- 22, Gardcn of the Gods, Irt K, Block 5A' Vail Village 5th Filing/365 Vail Valley Drive with the condition that the discrepancies betwccn the surveys be rcsolved. Ludwig Kuz secondcd the motion. It was approved G0"1, wittt Connie Knight abstaining. 2. A rcouest for a front setback variance for thc Tuov Residence. Int 33. Buffehr Creek ResuMivision/l9Ol Chamonix I-anc. Aoolicanu Leon Tirpv. Planner: Andv Knudtsen Andy Knudtsen explained the changes from the p'revious hearing on the request, and inuoduced into thc rccond a petition from the neighbmhood asking thc Commission to deny the request for a setback variancc. Staff recommended approval of the variance with conditions as listcd in the mcmo. E.J. Meade, architect for the applicant, explained that Ore most significant change from the previous hearing was that the primary unit had been moved to the west, out of the setback, and the garage doors had also been shifted to the west. These changes rcsulted in a decrease of 100 sq. ft. fmm the building. Another improvement was the landscaping location, which would decrease the visual impact of the structure. Addressing the safety issue, E.J. indicated the building would not block the view from the intersection. E.J. stated the owners had no intention of developing the ponion of the lot on the other side of the creek, funher reducing the impacts of the dcvelopment. Since flooding had bcen an issue raised at the previous PEC meeting, the owncrs were working with engineers and a hydrologist to protect not only the Tupy residence, but the neighbors as well. Mitigation being proposed included a berm along the side of the structure and the placement of a gravel swale. A neighbor asked if cars would be able to ftm around in the driveway, or if they would have to back out. E.I. indicated they would back out, similar to the adjacent lot to the south. Neighbor Cynthia Steitz asked what the fr,ont wall was for. E.J. said it was terraced to prevent erosion. Loyette Goodell, a neighbor, said that although staff had lmked at the development potential during the summer, thcre were winter impacts as well. Specifically, the Town uses the lot for dumping snow. In addition, it had been indicated o the neighbors previously that the lot was unbuildable. Another neighbor, Marka Moser, was concemed with the safety, given that ttre lot was being developed in this manner. She said the addition of trees and the fact Ore sun would no longer warm the road to the same extent in the winter cr€ated safety and visibility problems for the 3. Prior to the issuancc of a building permit for the poiecq the applicant shall install a construction fcncc to prctect all existing willows. fite fence shall cstablish the boundary which no construction activity shall cross. Immediatcly after the foundation is consuucte{ the applicant shall submit a survey to the Community Developmcnt Departnent showing that the constnrction conforms to this approval and that the stnrcture will not encroach into the ft,ont yard setback mor€ than 6 feet. During the construction prooess, any willows or othcr tecs which must bc r€moved, must be tranqplanted on site on thc bank of Buffehr Crcek. Priu to issuance of a Temporary Certifrcate of Occupancy, thc applicant shall sccure a revocable right-of-way pernrit in orrdcr to construct the one to two fmt walls in the right+f-way. Ludwig Kurz seconded the motion. It was approve( +3, with Gena Whitten, Diana Donovan and Connie Knight dissenting. Andy explained the general issues of the request and explained cach condition of approval. Staff recommended approval of the r€quest, with conditions as outlined in staffs memo. Mike Lauterbach said he had one additional r€quest, and that was for an additional 300 non- transferrable square feet per unit. Kathy Iangenwalter asked if the buildings would be kept within the existing "fooprints." Mike said they wou[ plus or minus 1 foot Commenting on the staff recommendations regarding the public improvements, Mike said he could acccpt (with somc rescrvation) the requircment to bury the cable, but asked that the assessment be based on a specific, revised Holy Cross estimate of the amount necessary to bury the portion adjaccnt to his frontagc. In addition, if the cable were not buried within 5 years, he asked the escrow amount be retumed with interest. He believe the arnount would be approximately $8,000, but that the Grand Junction office of Holy Closs Elccsic had not yet determined the exact cost nor the amount of his share. Mike did not agrce with the bike path constnrction, as he felt it unlikely to bc used to widcn the shoulders. In addition, fees for bike path construction were obtained by thc Town through permit fees and taxes. 4. 5. Mike indicatcd the other staff conditions of approval werc acceptable to him, and stated he intended to berm and landscape the area as much as possible. Andy said the numbcrs for the escrow amount for undergrounding the electric lines wcrc rough, and staff would be willing to go with a reviscd Holy Cross estimate when available. Diana asked if it was acceptable to staff to havc Mr. Lauterbach pay a percentage of the cost based on his frontage, and have the funds Eturned to him within five years if the undergrounding werc not undcrtaken by that time. Andy replicd it was. Regarding the bike path amount, Andy said that there was a master plan in effect for the atea, it was reasonable to rcquest developers to pay tlre coft fq public improvements adjacent to property when they have been identifrcd in a master plan. Mikc rcplied there was a bike path easement on thc property, but he would prcfer to see thc path locatod along the right-of-way as it would minimize the sizc of thc berms he would need to construct. Chuck Crist asked if the $13,300 figure in staff's memo was Mr. Lauterbach's portion. Andy said it was. Diana indicated she would like to see an off-road bike path graded in. Mikc said there was a ditch between the road and the property line, and it would be difficult to grade in. Chuck believed a pattr adjacent to the road was more appropriam than a separate bike path. Connie Knight did not believe it was fair to request an applicant to put in a trail when staff was not sure where it would connect up to other portions. Kristan Pritz answered that the master plan indicated a shoulder path, and that the plan connccted the path into the overall path system identified in the master plan. Jim Shearer believed it was the job of the Commission to support adopted programs, but felt that $13,300 was perhaps not fair, and could be used for other pu4)oses, such as berming and landscaping on the property. Gena Whinen believed the Commission should support a sboulder bike path plan and not lequire Crading on the applicant's site. Ludwig Kurz believed that nothing in the approval for the dcvelopment should preclude the widening of the shoulder for use as a bike path. Andy indicated the $13,300 figue had come from Town Engineer Creg llall, and staff believed it was an accurate number. Kathy suggestcd pcrhaps adjusting the figurc, and allowing the funds to be uscd elsewhere. Chuck Crist asked when it was anticipated the path would be built. Krisun indicated if it wele not done by the devcloper, it became part of the Town's Capital Improvement progam and would be fundcd based on community priorities. Mike asked that, if the path werc not construct€d within 34 years, his money be returned. Kristan indicated the path would be built at some time, and she was not in favor of limiting the time frame. Kathy supported construction of a separate bike path. Mike l-auterbach proposed placing $8,000 into the Dowd Junction bike path plan as an altemative. Andy indicated the Dowd Junction link had becn specifically requested by r€sidents. Mike said hc would be willing to put $8,(n0 into a general lVest VaiVDowd Junction bike path fund. Diana Donovan likcd that idca, and thc gcneral consensus of the Commission was in favor of that altemative. Diana asked if staff would wort out the amotrnt of the electrical undcrgrounding cscrow based on a Holy Cross estimate. Staff said they would. Diana also questioned if GRFA of 2,250 sq. ft. per unit was granted, would the 225 sC. fr crcdit also apply? In addition, would thcrc bc any provision for employee housing in the development? Kathy Langenwalter did not support additional square fmtage for employee housing, as she believed the site was "tight" to begin with. Jim would like to se€ the possibility of employee housing not be precluded. Mike rcplied that the site was so srnall, if onc housc werc taken out to dlow ftr employee housing, the numben for the entirc development would not wort. Diana said it would be easier to come back if the option wcre lcft opcn, and prcposed that the applicant be allowed to comc back to the Commission within one year o add employee housing without having to pay an additional application fee. Kattry addressed the separation of thc units by sayrng she prefelred to have a l0 fmt minimum distance between the strucrures. Chuck polntcd out that the units on the east end would only have approximately 8 feet betwccn them. Andy said some variation could be worked in. Mike found a minimum 10 foot distance benpeen foundations to be acceptable. After discussion about specific square footage numbers, Kathy proposed limiting each unit to a totd of 2,300 sq. ft., wittr no additional credits except for a 2-car gange. Jim Shearer left the meeting at this time. Kathy Langenwalter moved to approve the request to amend a development plan approved by Eagle County for Phase III of thc Spruce Cteek Townhouses, 1750 S. Frontagc Road WesVSpruce Creek Townhouses at Vail per the staff memo with the following conditions: 1. Prior to issuance of a building permit, the applicant shall: a. Provide an escrow a@ount for the Town to us€ to undergrcund the utilities adjacent to the parcel. This account shall be established by Holy Ctoss electric, and shall cover the costs of undergrounding the utility line along the frontage of Phase Itr. b. Provide $8,000 to the Town of Vail for construction of a bike path benveen Donovan Park and Dowd Junction. c. Provids a letter ftrom the Army Co'rps of Engineen stating that the applicant has satisficd the requirements for dcveloping a sirc partially covered by wetlands. d. Provide documentation from Holy Choss Elecuic Association that thc unused electric easement running through the center of the properry has been abandoned- e. Provide a drainage plan of the site for the review and approval of the Towr Engineer. 2. Prior to submitting an application for design rEview, the applicant shall modify the site plan, and: a- Move the eastern building 5 fect to the east. b. hovide 4 more parking spaces, 2 on the east and 2 on the wcst side of fire truck tum-around. 3- The Town shall waive all PEC application fees for employee housing, if the applicant rcquests any employee housing within one year of the approval date of this request. 4. The total GRFA allowed on this parcel shall be 13,800 sq. ft. Each of the 6 single family dwelling units shall be allowed 2,3fi) sq. ft. of GRFA. The 225 sq. fr credit is included in these numbers, and may not be added to the 2,3(X) sq. ft. of GRFA allocated to each dwelling unit. A 2-car garage, with the correqponding 600 sq. fr creiit, will be allowed to be added to each of the dwclling units. Connie Knight seconded the motion. It was unanimously approved, 7-0, with Jim Shearer's proxy noted via Diana Donovan. Connie Knight left the meeting at 4:35PM. 4. A reouest for a conditional use permit for an outdoor dinins deck at the Siamesc Orchid. Vail Gatewav Plaza. 12 South Frontaee Roadl-ot N. Block 5D. Vail Villaee First Filins. Applicant Chai KulveVSiamese Orchid. Ltd. Planner: Mike Mollica Mike Mollica statod staff recommended approval of the request with the condition outlined in the memo, and an additional condition that the applicant may use a latice fence with flower boxes instead of a rope to contain dte area with Design Review Board approval. Gena Whinen clarifred that a 5 foot pedesrian access would bc maintained around the outside of the fencing. Mike said it would- Chuck Crist moved to approve the request for a conditional use permit for an outdoor dining deck at the Siamesc Orchid, Vail Gateway Plaza, 12 South Frontage Road/-ot N, Block 5D, I MEMORANDUM Spruce Creek File Andy Knudtsen August 13, 1991 Phase lll Spruce Creek Conditions of Approval Prior to issuance of a building permit, the applicant shall: a. Provide a letter lrom the Army Corps of Engineers stating that the applicant has satisfied the requirements for developing a site partially covered by wetlands. b. Provide documentation from Holy Cross Electric Association that the unused electric easement running through the center of the property has been abandoned. , c. Provide a drainage plan of the site for the review and approval of the Town Engineer. -- d. Provide the Town with $8,000 in cash to be used lor bike path construction at any location between Donovan Park and Dowd Junction. e. Provide an accurate estimate from Ted Huskey, from Holy Cross Electric Association, for the cost of undergrounding the utilities adjacent to this parcel. In addition to the estimate, the applicant shall establish an escrow account wilh the appropriate agreements which the Town may use to underground utilities. Prior to submitting an application for design review, the applicant shall modify the site plan, and: a. Move flre eastern building 5 feet to the east. b. Provide 4 more parking spaces, 2 on the east and 2 on the west side of fire truck turn-around. The Town shall waive all application fees for employee housing, if the applicant requests any employee housing within one year of the approval date of this request. Allbuildings shall be separated by a minimum distance of 10 feet, as measured from each foundation. The totalGRFA allowed on this parcelshall be 13,800 sq. ft. Each of the 6 single family dwelling units shall be allowed 2,300 sq. ft. of GRFA. fhe 225 sq. ft. credit is included in these numbers, and may not be added to the 2,300 sq. ft. of GRFA allocated to each dwelling unit. A 2-car garage, with the corresponding 600 sq. ft. credit, will be allowed to be added to each of the dwelling units. TO: FROM: DATE: SUBJECT: 2. 3. 4. 5. ffi( arc'ts TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmential Commission Community Development Department August 12, 1991 A request to amend a development plan, previously approved by Eagle County, for Phase lll of ths Spruce Creek Townhouses, 1750 South Frontage Road WesUSpruce Creek Townhouses at Vail. Applicant: MichaelLauterbach/CarlDietsPlanner: Andy Knudtsen I. BACKGROUND Eagle County approved a development plan for the Spruce Creek Townhouses on May 31, 1979. In that approval, the County allowed 33 unitrs, each with '1,750 sq. ft. of floor area. The total GRFA approved was 57,750 sq. ft. The first two phases of Spruce Creek have been built out according to the County's plan. Phase I included 12 dwelling units and Phase ll included 9 dwelling units. As a result, there is a remaining potential for an additional 12 units and 21,000 sq. ft. of GRFA on this site. A copy of the letter summarizing the Eagle County approval is attached to this memo. II. PROJECT DESCRIPTION The applicant is proposing to build out the remaining land that is a part of the Spruce Creek development. The applicant intends to construd 6 single family dwellings with approximately 12400 sq. ft. of GRFA. The applicant will consfuct driveways to each of the units. The sdred driveways will be 12 feet wide and will originate from a central fire truck turnaround (please see site plan). The applicant plans to construct landscaped berms between the structures and the South Frontage Road. Approximately 84 new evergreen trees and 66 new aspen trees will be planted on the site. None of the existing vegetation along Gore Creek will be removed. The reason this request is before lhe Planning and Environmenlal Commission is because of a requirement established by an ordinance passed by Town Council soon after the West Vail area was annexed. Ordinance No. 13, Series of 1981 , stipulates hat major changes to development plans for certain developments within the West Vail annexation area be approved by the PEC. Spruce Creek was included as one of six developments which are required to receive PEC approval for any major site planning changes. The Ordinance did not include any criteria to use when evaluating a site plan change, except that Residential Cluster was considered to be the zone district for development stiandards. As a result, the PEC should determine that the proposal will not croate any negadve impacts compared to the County approval. In the staff revielv of he proposal, density, environmental concerns, and public improvements were identlfled as the three maior issues of this proposal. ilr. zoNrNG sTATrsTrcs Zoning: ResldentialCluster Site Area: 101,128 sq. ft. Buildable Area: Total Area: Floodplain: 4096 slope: Resulting buildable aea: Development Pot€nUal: A. B. c. 101,128.0 sq. ft. -25,261.8 sq. ft. Town of Vail Residential Cluster Zonino 6 DUs per acre of buildable €r6d =ff l- Cunent Prooosal 3.5 DUs per The parking requirement will be met Density GFFA (25% ot buildable) Site Coverage (25% ol total area) Height Setbacks FrontlSkle/ Slde/Rear Parking D. k It. IT Q'rt 'Gn' N) .ts rr\/ 33 fest 20t15/'15115 2.5 spaces per DU over 2000 sq. ft. oI GRFA 1979 Eagle County Aporoval ttril ffi ffi*.*' IV. STAFF CONCERNS A. Denslty Staff beliews that the arnounl of development r€quested to be built on this site ls the most impottant lssue. The zoning statlstlcs llsted In the prwious section show that in every case, lhe cunent propoeal resulF in less density han what the Residential J 3 ! a_ R L^\J f-\ \ a =. rytdable= Cluster zoning standards allow. Furthermore, the two regulated by the County approval, density and GRFA, allow more han either the RC standards or the cunent proposal. Compared to the County the applicant is proposing to construct one-half the number of dwelling units 4r{d approximately one-half of the amount of GRFA. Each of the units will be allowed*r€Sesq. ft. of GRFA plus the 225 sq. ft. credit. The developer will not be allowed to transfer GRFA from one lot to anoher. Because of the overall reduclion in GRFA and number of units, statf believes the proposal ls reasonable. B. Envlronmental lssues The three concerns staff identified regarding environmental issues on this site include the floodplain, the existing vegetation and wetlands. The applicant has designed the site plan so that the buildings will be approximately 30 leet back from the 100-year floodplain boundary. Because of the generous buffer between the structures and the lloodplain, the s0-foot Gore Creek setback is maintained without any encroachments. All of the existing evergreen trees along he stream will be preserved, given the proposed location of the houses. Thers are two areas of wetlands which the Army Corps of Engineers are concerned about. They are approximately 600 sq. ft. each in size. The Town's position regarding wetlands is that the applicant must provide a letter from the Corps stating that construction on this site is acceptable and that an adequate mitigation plan has been provided by the applicant for the wetlands area. Staff believes that the environmental issues have been adequately addressed, with the condition that he applicant provide a lefter from the Corps of Engineers. 19 C. Publlc lmprovements 1. The public improvements which concern staff include the existing overhead utilities, bicycle circulation along the Frontage Road, and the design of the access drives within the sites. In he past, staff has consistently required that developers underground any existing overhead utilities for developments such as this one. ln several developmenls in East Vail, between the Frontage Road and l-70, the developers have undergrounded the section of overhead utilities adjacent to their property. In those cases, the applicants were requesting single family subdivision approvals. They did not need to coms before the Planning and Environmental Commission and were not requesting any variances. In an effort to be consistent with past decisions, staff believes that the overhead utilities that are adjacent to this property should be placed underground. In discussions with the applicant, staff understands that he would be willing to pay for his portion of undergrounding in ' -a{ ctc}-''{.f L.- 'Zl<t) + 7dD z3E1) conjunction with a larger effort to place a greater length of existing overhead utilities underground. The applicant has agreed to place enough money to cover the cost in an escrow account. The Town would then use the money, after a plan had been established, for undergrounding as much of the overhead lines as possible. Ted Huskey, with Holy Cross Electric Association, has estimated that the 23 fD \ 3.KDcost of undergrounding is approximately $50-75 a linear foot. Given the PL*(*T 2. did say hat Holy Cross Electric would prefer to underground a larger segment than just what is adjacent to tris lot. The second issue is providing bicycle pahs. Staff believes it is reasonable t0 request the developer to make public improvements adlacent to hls property whlch have been called for by Town studies. The Recreation Trails lvlaster Plan calls for expanded shoulders on the sides of the Frontage Road for bicycl€ circulation. The staff believes that it may be appropdate to reconsHer frle Master Plan designation for on-street bike lanes and also consider an off-street path for bicycles only. At this time, statf is recommending that the applicant provide an escrow account for the Town to use tor constructlon of bicycle lanes or paths. This would be used either to consfuct shoulders, or possibly a detached path. The access roads within he site have been designed with the concept of providing as much landscaping as possible. The roadways have been narrowed to 12 feet in some locations and are as narow as they can be and still meet the Fire Department and Public Works' regulations. Staff believes that the concept of providing the narrow driveways that access the dwelling units is a good design. 3. spags$*qlm"gggh"gffgg_e, two parking spaces immediately in front of each unit and an additional guest parking space off the access drive. V. CONCLUSION Staff recommends that lhe PEC approve the applicants' request for an amended site plan lor Spruce Creek, Phase lll- Stafi believes that the level of development, specifically GRFA, density and site coverage, are reasonable. In addition, staff believes that other issues, such as the environmental concems and public improvements, have been adequately addressed as discussed above. Therefore, staff recommends approval with the following conditions: 1. Prior to issuance of a building permit, the applicant shall: Provide an escrow account for the Town to use {pcent to this coBBfr;UEfd location. lf he sunounding properties are cover interested in undergrounding utilites adjacent to their parcels, the Town may use these funds in cooperation with other properties in a larger effort. the on-street bike lanes on the shoulders of he South Frontage Road or the constuction of a separated bike pah. b. 4 c. d. Proride a letter ftom he Army Corps ol Erq$rnors stiating that the applicant has satsfled the requiremenb for developirg a slb partially covered by wetlands. Provide documentiation from Holy Croes Elscfr'tc Associatlon that the unused elec{ric easement running through the center of u|e property has been abandoned- Provlde a dahage p{an of the sib for the rpviw and approval of fre Tourn Erlglneer. e. clp€c\m€mc\lau[tac.81 2 b E - c^^'.h o4 J, ,4L- fn4Lt uk^J* J^ *J^f,il'-F NN* ,( ht fl"{t ' ,"'"*^l pLL G<u'l '.--.--D N'E I7\ tl ,Le0 I f^l'\5 paut 6 ,-&{{ h s;/,( h" w*j( 5' \ J'\^' \,fr.,-[* tl,--{ kL. y^fl, Vr^, A-^-aA L" 4\ <L^^n/'.- k6^^' Y'*fu' y*tLT, uxd*n" n fo.qL'l eLoJ"ln ,q' <Lo'rdo- )-"r, ,osts, sLor-U L<- a. 6Vam,n yl, b;l'f*fr 6,-'-,) f^)", SoeA tt< ,"J f*il. !li!, II a iltl lr t Iic.I I I I \i' I I ':r<,il ',{ ;l ){>) ) )-, x /,, -:1 (fi,I,*, 4 4{*,nJ D r*'ffi a,- ,'*l '^t 4 ^-['tr*''t'? /i{ *,r'',k' (i'Y', , ^,r'',n' ( qAhr'r& d.h4 ,\\. H,\ Ar''5 \r\ n [*n*) 4', atv- Wq */ J €<U' I w,t fi;ll 5' h tt"'v: .o"f- o r(V ,aQ 'ite, ry- 11 -ll \l ll.li I lj '/,f- t1'/.t -'l--1 l/-' ' i -l 'l ---i I -Ji I I I \ \&Ma {* \\ '\ r'.L-5v- Irz<_ l0' w),1 w / VtOfir"n y€ r) \,\a) lr;Ll\ *1tar*A''. Lzt^.-,t &r-,1^1.*t azL444 I 4 fitxr-{r"""rn4 W ,,ou L,,t.t6- dtL fl\.a-0 oo l! iiltll)l 1\\, tt I i l I It-lr:il! |c-l\l1lJ-l I 1\ q o {) t EXSIBIT A ONDffANCE trO. 13 ( Seli.es of 1!t81)75 s. itof'btF rtad vail. coic:ncc 51957 otf.te ei iori'n ecti( Ai{ OBDINA$qE IUPOSI]IG ZOI{INC DISTRIC-TS ON CERTAIN DEVELOPINNS T.\D PAACEI.S OF PAOPEBTY IT TEE NSSENTLY ANNEXED TEST VAIL AREA; ACSEPTING PBIOB /r!PROVAI.S OF TEE EAGIJ COI'NTY COUUISSIO{EAS EETATIIIG TEEEETO; SPECITTING A}IENDUEilT PNOCEDI'RES ; SETIING FOB1E CoI{DITI${S nEI"ATIIG llERElO; AUENDING rEE OEEICIAL ZO$ISG srP FOR ltE lOtB OF VAIL: AilD SETTING FO TE DETAITS nl ruIATI T IEEN TO. I'BEREAS, tbe toE! of Vail, Colorado, receEtly ansexed the test val1 e!ea, Couuty of Eegle, State ol Colofado, etlective on DeceDber 31, 1980; aad IfEERlts, chaprer 18.68 of tbe lJulj.cipal Code of the Torn of ' Va11 sets lortb procedures for the is.Dositiou ol zotiag dlstlicts o[ receatly aaaexed areas; aDd SEEREAS, Sectlo! 31-12-115 (s) c.R.s, 1973, as a.detrded, requiles the Toslr to briEg tbe Devly auaexed ltest Vail area ulder 1ts zoDing oldiBauce sltbin lllety (9O) dsys atter the etfectl.ve date of said e8!exatlo!; aDd WEEREII!, because of certaiu actj.ous take8 by and approvals of the Eagle Courty CoEtsslone:rs relatirg to tbe wltbla specifled plopertles tbe TolgD Coulcll ls ol the ophloD that tbe zoailg desiguatioa to! tbese areas sbould recogaize sald approvals aud conditiols; eDd SEEREAS, tbe PlarrllDg erd Eleltolaental. Cmlssiou ol the Ttr! ol Yail has corsldeled tbe zoElEg to be lEPosed oD tbe aerly aauexed test Vail rrea at a Dubl,l,c beariag ald bas Eade r rec@eDdatloD telatl.Dg thereto, to thc Tortr Courci.l; .ud ' ES, tb€ Tot! Couacll coDsldels thst 1t ls 1! the htetest of tbe publlc bealtb, satety aad relfare to so zoo€ Eald ploperty; NOY, EESEFORE, BE IT OSDAI$E! B:r TEE 1|0$l{ COI'NCTL Ol TEE TOIff OF VAIL, lgAT: gectio! 1. Plocedures Fu1tll1ed. lhe procedures tor tbe detelDllatioE o! the zol1lg dlstrlcts to be ttlposed on tbe Desly edttexed fest vail area as set toltb l! Cbrpter 18.68 of the Vall }tullclpal Code have been tulfllled. v tul'lILtlr:i l"l.r lllCr tlttttJ,\ allllrt.\CU hr--!c r4tl ut|sa Pulsuart to Cbapter 18.68 of tbe ValI llunlelpal Code, the ploperties descrlbed la subsections e, t, g, b & I beloe are a poltloo o! the rest vail area aDDexed to the Toen tblougb the eBactDeDt ot old.ilarce Ro. {3, Serles oJ 1980, of the Torn ot Vall, Colorado, etfeetive oE tb€ tblrty-tllst dzy ol DeceEber, 1980, and hereby zoned as follovs: l. Tbe developnelts and parcels ot property specl.fied betow 10 Subsectioas e, !, g, b & i sbel1 be developed 1a accordalce yitb tbe D!10! agre€Eelt spprosals aad actloas of the Eagle couDty coEaisstolers 3s the agree[teDts, applova],s ald sctlots relate to each develoDneut or percal ot plopelty. b. the docuEetts and ilstluEeats lelatllg to tbe prior coulty apgrovals, actioBs aud agreemeuts ele pleaently oD file il the DepartEelt of Co!@uuiry DevelopEeBt o! tbe Tosa ol Vail and said approvals, ectioDs ald agleeDeDts ale hereby accepted and approved by tbe TowD of Va1l. c. All buildiugs tor shlch e buildlug petllt bas Dot beeo lssued, oB tbe ettectiee date of the aDDexatlo! ot lfest Vail sba11 coE-Dly vlth Deslgn BevLer criterla or tbe va11 ltulicipal code prlor to the issuEace of a buildiDg pe::oit. at. Tbe Co@rDltt DeveloproeBt DepartEent Elay lssue staff approvals tor D1!or cbaages iu site design o! other El,Dor aspects of the plaa for aDy of the specified develolrEelts or patcels. Tbese proposed chauges roey be .pproved rs preserted, approved sitb coDditloDs or delied by tbe StaJl pltb t^! elrpeel ritbful 10 days ot rbe Stelt declsioD to the ElaDtllg aDd EDylrolEelta]' Co@isaio[. For EaJor cbanges, such as r re-desl,ga of a EaJ or part ot tbe slt6, chalges a,s ua€, deasity coltrol, belgbt or other developoeat sta!d,e!ds, r planllllg ald Envlroueatel. Co@l.sslo! revlen sbould be requlred. Tbe plocedure lo! c,balrges shall. be 1! accordslce rith Chapter 1g.68 of tbe Vail Iturl'clpal Code. c. Ibe tollcrlag developoents ud parcels of property shall be aubj€ct to tbe teros ot tbls ordhalce: (1) Tbe Vauey, Pbases 1 tblougb 6. (2) Spruce Creek Toelhouses. (3) llerdotr Creek CondoEluiuos. I t.:.. ' o (4) Vail lnEelEouDtaj.! sui.D ttld Tenlis C1ub. ( 5) B!1ar Patch, Lts G-2 ' G-5 ard G-5 Liousrldge SubdlvisioE Flllng No' 2. (6) Casa Del' Sol Condotliniun'. Fo! any zollDg pulpose beyoud tbe Eagle Couaty CoEDissioEers' approvafs ' egr€€Eelts oa act j,ors, tbe developoelts aDd palce1s of property specified 1a tDls subsectioa (e) shal'l be zoBed Eesidertlal Cluste! (BC)' t, LloDstidge SubdlvlsloE, Filiug No. 4, sba1l be subJect to tb€ tertls ol tbls oraliEaoce. For a.ny zoDing pulpose beyoDd tbe Eagle Coulty l Co@lssloBers' appt|oval, agreeDelt or actlo[, tbis palcel of plopelty sbal.1 be zoDed Silgle la^Elly Zone District (sfn) sltb a special p!o- vislot tbat aD edployee uDit (as defheal ald lestrlcted iD sectloB 18.13.08C; I of the vail liulicipel Code) pill be subJ ect to appmvals as Pet sectlou 18.13.080, Tbe secoEdary uDit may Dot exceed ole third of the total Gross BesldeEtial ?1oor Aree ( GRIA) alfosed o! tbe Iot as pe! the SlDgle Fanili. zo!'e Dlsltict Deusity Coatrol (Sectloo 18'10'090 of the vail Uunlclpal Code) aud Greeabelt & Natulal oPen SPace (6[05)' g. Lot G-4, LioDsrldge Subdlvlslo!, Flliug No. 2' has bee! tbe subJ ect ot litigatlos h the Dlstrict coutt ol E8gle CouJlty, ald ' Corr t order bes been issued regardlug the developnelt ot tbj's property ' The Town hgs flrrtber approved BesolutioD #5 or 1981 lu regard to a subse- quelt agreeBeut lritb the ffilet. Tbe Besidelttal Cluster (BC) Zone Distlict si11 be tbe aPpllcable zoue oD tbis Dloperty to guide tbe tutur€ det7elopoetrt of tbe oarcel, vorking witbtD the boulda set by tbe Coutt Ordet ald Besolutlon l{o- 5, Serles of 1981' b. 8lock 10, ve11 Iate::DouDtai! subdlvislou ald the Elliott RaDcb subdlvlslou, sbal1 be subJ cct to tbe terns ot tbls ordisaoce. Fo! aly zoolttS pulDose beyoad the Eagle Coulty Cot@lssiolets' approeal ' agree- Dent or .ctioD, BlocB 10 a[d tbe Elltott Ralcb, sball be zoaed Prlnary/ Secoldaly Dlsttlct. tpts 8, 15 & 16 ol Bloc& 10, vail llter oultel[, slaIl be zoned Greelbelt & Natural' Opea Space (OIOS)' 1. Vail co@ors, vall Des Sbone fllilg No' 4, sbell be subJ ect to tbe te::Ds ot thls ordlaenc€. Fo! aly zol1lg pulpose beyold tbe Eegle Coulty Coooisslooels' agleeoetrt, approval or actlon' v8i1 Cotlools strall be zoled Couerclal Core III (CCIII). I I ti t! t: I , SectloE 3. as provlded ia sectlon 18.08.030 of the va1i. nunlclpal code, the zonr'g adDlslstraro! ls hereby directed to pro'ptr.y oodlfy and aoend tbe oft'cial Zolhg Iap to ladl'cate tbe zo!1!g specj.ried hereh. Sectloa {. If, ely part, section s'bsectl,gD, seDtence, clause or !b!as€ o! tbl,s ordtaalce ls tor auy leaso! beld to be h,,al1d, sucb declsl.o! shall rot E lect tbe validity of the !eDa1a1!g portlots ot tbls ord.i.uaaee, and the T@! coulcll beleby declalea it yould have passed tbis ordlaance, ald each pa!t, sectioo, sub-sectlo!, seatelce, clause or phlase thereof,. regardless or the fact tbat any oae o! Dore parts, sectlotrs, subnectlons, seuteoces, cl,auses or pbrases be declared ilval.id. Sectioa 5. The coulcj,l hereby states tbst this ordlaauce 1s lecessary fo! tbe protectio! of the pubIlc bealtb, safety aDd Telfale. INTBODI'CED, FEAD A\ FIRST NEADII{G, APPROVED AND ORDEEED IIIBLISEED OI{CE IN FI'LL, this 3rd day ot Uarch, 1981, a'd a pubtic heallDg oD this ordiuaace she11 be held s't the reg'tar BeetlDg of the Try8 couDcil 0f tbe Tow[ of Va1l, Colorado , oD tb€ l?tb day of l,tarch , 19g1 , at Z :30 p . E. 1! the trdullclpal Buildilg ot the Tou of Vait. ATTEST: rNTBoDocgD' DFln' APPR''ED o{ sEcpI{D BEAD'fc &\D onDERrD puBLrsEED AY TIILE Ol{Ly llerch 1?, 1991. .ETTEST: i... *........... T : '-r '. a ,/) /./ ,, ,/-/ TELEPHONE 303/328-73t I -.,S0 "BOARD OF COUNTYcoMr./llsstoNERS Ert 241 ADMINTSTRATION Ext 24.| : ANltitAL SHELTER 949-4292 ASSESSO RExt 202 BUILOING IN INSPECTI O N Ext 226 or 229 CLER K & RECO R DER Ext Zi 7 couriTY ATTORNEY Ext 242 ENG I NEE R Ex1 236 ENVIRONMENTAL HEA!.TH. Ext 238 EXTENSION AG ENT Exi 247 LIBRAR Y Ext 255 PUELIC HEALTH Eagle Ext 252 Vail 476-5844 PLANN I NG Ext 226 or 229 PURCHASI$IG/ PEIiSONNEL' Ext 245 ROAD & BR IDGEExt 257 SHERIFF Eagle Ext 2l I Ezsalt 927 -3244 Giin:an 827-5751 SOCIAL SERVICES 328.6328 May 3i, 1979 Carl P.0. Vaii, Dietz Box 388 _,.-.- Co.81557 File No.Su-112-79-P - Spruce Creek 1979, the Board of Countvprelim'inary plan for 33 units -%,*--'/ /6"-=- Thomas Boni Asst, Director of plann.ing TBIJK cc: Board of County Concnissioners lfF0.rur- 2 91991 }IEMO TO: Andy Knudtsen Town of Val1 Cornruunity Development FROIi: Michael Lauterbach DATE: July 29, 1991 RE: Spruce Creek, Phase III Enelosed are three sets of elevatlone, floorplans and a site plan for t'he above captioned property. The stte plan currently shows access for two car garages and the el-evations ehorr nodiflcations to date.' Please contact me if you have any questlons. ' )F &r., ,rt-,-,*rT ,",//re|- *1c-c,'l $toffi PUBTIC NOTICE NOTICE IS HEREBY GMN that the Planning and Environmental Cornnission of the Town of vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of the Town of Vail on August 12, 1991 at 2:00 p.m. in the Town of VaiI Municipal Building. Consideration of: 1. A reguest to amend the condltions of approval for Phases II and III of Vail- Polnt relating to revegetation offoundations, 1881 Lions Ridge Loop.Applicant: St.eve Gensler/Vail Point Condominium Association 2. A reguest for a naJor amendment to Special DevelopmentDistrict No. 4, Cascade village, to change the conditionsfor developmenL for Area D, Phase IA, GIen Lyon Office BuiIding.Applicant: Calumet Federal Savings & Loan Association of chicago/Pierce, Segerberg' Spaeh 3. Review of a staff approval of a minor amendment to Special Developnent District No. 22, Garden of the Gods, Lot K, Block 5A, Vail ViIIage 5th FilinS/365 Vail Valley Drive.Applicant: Margaret Hiff Marital Trust 4. A request to amend a development plan approved by Eagle County for Phase IfI of the Spruce Creek Townhouses, 1?50 S. Frontage Road west/Spruce Creek Toltnhouses at vail. Applicant: Michael Lauterbach/Carl Dietz 5. A request to amend Section 18.58.020 - Fences' Hedgesr Walls and Screening of the Town of vail Zoning Code SuPplemental Regulations regarding enforcement of covenants restricUinq fence heights.Applicant; Town of VaiI 6. A reguest for a worksession to rezone property from Prinary/Secondary to Low Density Multiple Fanily, generally located aL 2239 Chamonix Lane, more Particularly described as: Eg.gggl A: A tract, of land containing one acre' more or ]ess, ioaated in the south L/2 of the south East 1/4 of Section 11, Township 5 South, Range 81 west of the Sixth Principal Meridianr more part,icularly described as follows: : Beginning at the NE corner of the sw 1/4 of the sE 1/4 of said Section 11; thence westerly along the northerly line of said SW L/4 of the SE 1/4 bearing south 86 20' w a distance of 16?.80 ft. to a point: Thence southerly along a line 16?.80 ft. distant from and parallel to the east line of said Sw 1/4 of the SE t/4' a distance of 200.00 ft. to a point: ,(.* ** -rin o 10 tt Thence easterly a distance of 16?.80 ft. along a line 200.00 ft. distant from and parallel to the north line of said Swt/4 of tbe SE \/4 to a point on its east line; Thence easterly on a line parallel to the north line of the Sl{ 1/4 of the SE L/4 of Sect.ion 11, a distance of 50.95 ft. to a point: Thence northerly and parallel with the west line of the east I/2 of the SE L/4 of said Section 11, a distance of 200.00ft. to the point of intersection with the extension of the north line of the SW ll4 ot the SE L/4 of said Sectlon 11; Thence westerly on a deflective angle left of 95 21' 00" along the extension of the norttr line of the SW 1/4 of the SE 1/4 of said Section 11, a distance of 50.95 ft. to the NE corner of the Sw 1/4 of the SE 1/4 of Section 11' being thepoint of beginning. 8gg4B.: Tract A, vail Heights Filing No. 1, according to the recorded plat thereof. Applicant:Erich and Lily Schmetzko A request for a front setback variance for the Tupy Residence, Lot 33, Buffehr Creek Resubdivision/1901 Chamonix Lane. Applicant:Leon Tupy A request for a major amendment to Special DevelopmentDistrict No. 2, Pinos del Norte, Building C' Northwoods Condominiums/500 vail valLey Drive. Applicant:Pinos del Norte Condorninium Association A request to amend Chapter 18.04 of the Municipal Code -Definitionsi to add a new definition for employee housing unit, and a new definition for bathroom.Applicant: Town of Vail A request to amend Chapters 18.L0 - Single-Family District, 18.12 - Two-Family Residential District and 18.13 - Primary/ Secondary Residential District to allow employee housingunits as a Conditional Use. Applicant:Town of Vail A request to amend Chapters 18.14 - Residential Cluster District, 18.16 - Low Denslty Multiple Family District, 18.18 - Medium Density Multlple Earnily DistrLct' 18.20 - High Density Mulitple Fanily Districtr 18.22 - Public Aciomrnodation District, L8.24 - Cornrnercial. Core 1 District, L8.26 - Conmercial Core 2 Dlstrict, t8.2'I - Corurercial Core 3 District, 18.28 - Commercial Service Center Dj-st.rict, L8.29 - Arterial Business District, 18.34 - Parking, 18.36 - Public Use Dj-strict, and 18.39 - Ski Base/RecreationDistrict; to allow employee housing units as a Conditional Use. Applicant:Town of Vail L2. A request to amend Chapter 18.58 of the Munlcipal Code -Supplenental Regulations to provlde specific development/zoning standards for employee housing units.Applicant: Town of Vail 13. A reguest for a conditlonal use perrnlt for an outdoor dining deck at the Siamese Orchid, Vail Gateway Plaza, 12 South Frontage Road/Lot N, Elock 5D, VaiI Village First Filing.Appllcant: Chai Ku1vet/Siamese Orchid, Ltd. 14. Any itens tabled frorn the iluLy 22, 1991 PEC neeting agenda. The applications and information about the proposals areavailable for public review in the Comnunity Development Department office. Town of Vail Community Development Department. Published in the Vail Trail on Jul.y 261 1991. SPRUCE CREEK, PHASE III County 73 Residential Cluster t0,3 33' .25 of total @s)Llq,,z s) '- z?,zul 101_,128 20 15 15 15 overlapping containing JULY 31, 1991 Lauterbacfi proposal ,o@ a o @ dwellins units GRFA Phase III III height site coverage setbacksfront side side rear 6 du/ac ofbuildable area =\ 1,1 oc ut bril'e\ t0.t A.u. ----.-- .25 of buildable lc9)ha,*rz\' ltb3z 3,{ lnl^' 4e-H" b.o l.r, hq"t) (ln) ' ttszt' Y7t*)ll,\ -- tzL6D t, 3z' G'r)Lt") -' 1"te 40t slope t- n4+ h-,r GRFA rules: 225 credit applies but the does not as it these are not structures dwelli-ng units. Pu"/ /L* stairs creditthree or more "':fl#* t7 q @ - 25,961 .8 14,5fl.2 Atu\ 9D' L4=1 {-/1"-{ o ,(-,/,_:f_ PROJECT3 DATE SUBI.{ITTED: INTER-DEPARTMENTAL REVIEVI DATE OF PUBLIC EOUI'{ENTS NEEDED BY: BRIEF DESCRIPTION OF THE PROPosAts E.,U o*( V Dat€r PUBIJIC I{ORKS Revlewed byl Conments: eE, /d2 .r'zo r// <:'4'' Commenta! RECREATION DEPARII'IENT Revlewed by: Corments! .X.+-r/ tl.a,t"zala'/J //'7 6 totz'z' ./_5 N/4^"- /.,u- //-.*^J A Date: 3/LL/sL PROJECT! DATE SUBHITTED: INTER-DEPARTMENTAI, REVIEVI DATE OF PUBI-,IC COMI{ENIS NEEDED BT: BRIEF DESCRIPTION OF THE PROPOSAL: ltDare: 'il zS lqt PUBIJIC WORKS RovLe$r€d bys Conmente I rIRE DEPARTMENT 3) 4) Revlewed by: Cornnents s ' 6r,.Jr* i b^Jl ,ta / l^ )o., ,rt-* ^'![ | u, t 1oo u /- /,+ -l' ,'' 5) /,[u)t L p- arL Jr"t^-f ,,.a.-A'^-2.*.., S;J-+ o{ +[-- y.u ^,!,} D.,-r^-y L*,_ J.t*_ 'Q!ryt, r#r i /,-l ol gr*: Li'Y j/,w_f- PROJECTS DATE SUBI.IITTED3 INTER-DEPARTMENTAL REVIEW DATE OF PUBI.,TC CO}IMENTS NEEDED BY! BR,IBF DESCRIPTION OF THE PROPOSAL: E.t// o*{ J/ .--t-e-.",e,*=;'-y S7,n. ry Date!Revlewed by: connentB!t/ /A-qa-k- btrh--t/f FIRE DEPARTMENT Revl-ewed by: Conmerfts: Date! ?o $$n, .t vih f DD JUL 1 61991 MEMO TO: Andy Knudtsen Town of Vail Planner /// FROM: Michael Lauterbach W-/\ DATE: July 15, 1991 RE: Spruce Creek Townhouses Phase III Proposed Alpine Creek Tor.mhomes Conflrnlng our conversatlon yesterday, you have reversed the- directlon of your letter dated Februzry 12, 1991 regarding review of :.r-. our submittal and have lndicted to ne that the devel-opment proposal must be reviewed by the PEC prior to DRB revlew. I resent your indecisiveness on thls iesue and remind you that our appllcation was submitted oo January 14, 1991, that the appropriace fee was prepaid and never returned and therefore, .:that \re expect to be on the agenda August 12, L99I. I have enclosed a copy of the application which we subnitted. Please contact me if vou need additionaL coDies of our site plan or survey. I. Peti PETITION FORM FOR AMENDMENT TO THE ZONING -oR REOT'EST FORA CIIANGE IN DISTRICT BOUNDARIES Date Ja"""rv 14, 1991 ORDTNAI\TCE the zoning ordinance o tion any amendnent to boundary change Laut erb ach This procedure is reguired. foror for a request for -a aistii"t A. NAt'18 OF PETITIONER Michael ADDRISS P.O, Box 3451 Vait, Colo pCONE 476-6944 B.NA!18 OF PETTTIONERIS ADDRESS REPRESENTATIVE Same PIIONE c.NAME OF OWNER SIGNATURE ADDRESS DIETZ, Inc. Jdd Vai1, Colo 8165 8 PIIONE 827-5600 D.TOCATION OF PROPOSAI., ADDRESS 1750 South Fronrage Road West E. FEE LEcAr DE sc Rr p rr ow;!$'i"' c'!fl rlwnhonre s, tn ?Tr lll $100.00 PAID ck$6s( F.A list of the names of owners of all property adjacentsubject property, and their naifing addresses. Spruce Creek Condo Assoc. Spruce Creek Association.. c/o Tom Gorman c/o Bruce Chapman 143 East Meadow Drive 143 East l4eadbw DriveSujte 499 Suite 498 to the Vail, Colo 91657 Vai'1, Colo 91657 Specifically, Petitioner requests pEC approvalsite plan which depicts six single famiiy homesapproved total residential floor area of 21,000 of the accompanying and transfer of the square feet. (0vER) o MEMO Andy Knudtsen Tovm of Vail Planning Department TO: FROM: DATE: RE: Michael Lauterbach 4 Januar-rz 16, L99L Spruce Creek Townhomes Phase III I am in receipt of your leEters dated January 4 and 15, 1991,which pertain to rhe soruce creek Tovrnhome slte adjacent to Matterhornin vail. As stated in ury pEC application, it is rny intention to constructsix single fanl1y homes on the phase rrr westerly oarcel. Access wouldbe through the existing half-circle driveway. rf 1ega1ly required, aneasement and maintenance agreement with the exi.sting spruce creek Tovmhome Association w111 be provided prior to issuance of any buildingpernit. Further, no develoonent railL occur within the 100 year floodplain, fifty foot setback or iretlands area with the excelrtion of minorlandscaping. Existing vretlands ground cover wi.l1 not be removed ordestroyed. Per your request' r have incl-uded the names and addresses ofsurrounding proDerty orrners as well as a survey of the site. Varlous GRFA allowances pertaini.ng to the current and oastproject apurovals are included below: Eagle County Approval May 31 , 1979 Residential Cluster Zoning January 24, l99t Sire = 2.322 Acres 100 Year Plain = .596 Acres Res idences I2 6 / Acre Maximum Souare Footage Unit / Total I,75O /21,000 sf. 25% of site area less flood n1ain. 10 18,795 sf. Page Memo Andy Knudtsen cc: Spruce Creek Townhome Associatlon ,| co ArchLtecture for the six resldences wir.1 be of cornolimentaryexterior design r.rith siruilar siding and stucco colors and aopli.cations.Even so, each custom residence will be distinctive and unique due to theslze, access, parking requirements, and Lnterior layout. Please contact ne if you have any questions or require furtherdocumentation prlor to the pEC meetlng on February 11, 1991. Spruce Creek Townhomes Phase III Adj acent Ownershio L-24-9r Contiguous site to west. Thonas J. Thomson 12760 West North Avenue Brookfield, WI 53008-0944 Vall Village West Filing No. 2 Lot 23 - Kathryn Joanne Lohre p.o. Box 2075 vail, colo 8165g Lot 24 - Joseph & ElLen schnitt 1875 west Gore creek Drive vai1, CoJ.o 81657 Lot 25 - Frederick and Heloise Praeger 945 Westview Drive Boulder, Colo 30303 Lot 26 - John Lohre Bank one Leasing g57 Grant sEreet Denver, coro 30203 l.ot 27 - Albert & Jeanne Weiss 1905 lrlest Gore Creek Drive VaiI, Colo 81657 Lot 28 - Debra L. Klmball 6438 ll. Danlels park Road Sedalia, Colo g0135 Spruce Creek Condo Assoc. c/o Tom Gornan 143 East Meadow Drive Suite 499 Va1l, Co g1657c/o Bruce Chapman 143 East Meadow Drive Suite 49g Val1; Co g1657 Ptaruigan Townhouse Associatlon c/o Alex Kaspberg P.0. Box 832 Vail, Colo 81658 CoLorado DeDartment of Highways Vail ComnronsAttn: A1 Pierce 9933 Lawler Ave.P.O. Box 298 Suite 521Eagle, Colo 81631 Skokie. Ilj.. 60077 Brandess Building Jalne Brandess c/o Brian O ? Reilly P.O. Box 5780 Avon, Colo 81620 1 fris *,^ ynu! o(("; yoar pwtrry PUEI,IC IOIICE NoTIcE Is HEREBY cIvEN that the Planning and Environnental Conmission of the Town of VaiI yill hold a public hearing ln accordance with Section 18.66.060 of the municipal code of the Town of Vail on February 11, 1991 at 2200 p.n. in the Town of Vail Municipal Building. Consideration of: 1. A request for a revlew and reeonnendation to Town Council regarding adoption of the stephens Park uaEter Plan; site Iocated at the southeast corner of South Frontage Road West and Kinnickinick Road. Applicant: Tolrn of Vail A request for a heigtrt variance to allow the installation of a Satellite Dish on the roof of the Vail Vi11a9e Inn Plaza. Located at 100 VaiI Road. Lot O, Block 5D, Vail Village lst Filing. Applicant: Satellite Receiving Systems A request for a rear Eetback at Cascade Crossing at 103L South Frontage Road on a parcel of land located in the northsest L/4 ot Section 12r Toqrnship 55, R81W of the 5th Pl!, Town of Vail, Eagle County, Colorado. Applicant: Vail Enterprises Partnership A reguest for aetback, landscape and site coverage variances and an exterior alteration to the Lifthouse Lodge at 555 East Lionshead Circle/ Lot 3, Block 1, VaiI Lionshead 1st 2. 3. 4. 5. FiIing. Applicant: Robert T. and Dlana Iazier A request for a najor subdivision, to approve the final plat. Sald parcel iE connonly referred to as Spraddle Creek, an approxinately 40 acre parcel located north and east of the Main Vail/I-7o interchange and east of the Spraddle Creek livery. Applicant: George N. Gillett, Jr. A request for approval of a nodificatlon to a development plan approved by Eagle County for Ptrase Three of spruce Creek Townhouse located at 1750 S. Frontage Road Westr/ Spruce Creek Townhouses at Vail . Applicant: Carl DLetz/t[Lchael Lauterbach A request to auend Ordinance No. 13, 1983 to establish an additional View Corridor and to clarify wording in the ordinance. The view to be protected extends to the eaEt down Hansen Raneh Road over the Red Lion in front of FrivolouE SaIs. Applicant: Town of VaiI A request for a front setback variance, 5t88 Gore Citcl-e/ l,ot 7, Block 3, Bighorn 5th Filing. Applicant: NoweII Uay 5vl'\ 't. 8. I 9. A request for a density variance in order to construct additions to the Christiania Lodge, 356 Hansen Ranch Road, Lot D, Block 2, VaiI Village l.st Filing. Appllcant: Paul R. Johnston The applications and information about the proposals are available for public i.nspectlon in the Conmunlty Development Departnent office. Town of Vail Community Developnent Department Publ-ished in the VaiI Trail on January 25, 1990. t PRACE REEI(, rDNttausa5 ASE fr a- qt to tf ( utit/ W-B /zf /, ,rt{-/-- " tA=/tt 4 -L,-4 4 .4.44LeJ L*4.4'-l y,/l p*/h ,&'r.1,'{c.**+d"ur v A ./r D /1 1a/46 93rz*-ea-t-ztu,- fl:* 2/r z/rr P/"*,-Z q ZONE CHECK Block _ Filing 1750 South Frontage Road West l*, R, R P/:olo*" orrrRrsf DATE: August 26, I99I LEGAL DESCRIPTION: LoT ADDRESS: OWNER Carl Dietz & Michael Lauterbach PHONE 476-6944 ARCHITEC?Steven J. Riden PHONE 949-4r2r ZONE DISTRICT PROPOSED USE Six Singl-e Family Residences **LOT SrZE Allowed (30) (33) Existinq Proposed Total Height h-! - tJ(JLdJ- \rllr .cI Primary GRFA Secondary GRFA Setbacks Front S ides Rear Wat.er Course Setback Site Coverage T.:ndqr-rni nc Retaj.ning Wall Heights Parking Garage Credit hri rro. 2. 100 425 425 20, 15' 15' (30) (s0) 20$/ Ls 3t /6' Reqrd (300) (600) (9oo) (1200) ooo Permitted Slope 8t ectual Slope Date approved by Town Engineer: View Corridor Encroachment: Yes Environment.aLlHazards: L) 2) ?\.)t No '>a') Ffood Plain Yes Percent Slope J Geologic Hazardsa) Snow Aval.anche___Nab) Rockfall Noc) Debris Flow No4) Wetlands_Xes Previous conditions of approval (check property file) Does this request involve a 250 Addit.ion? No How much of the allowed 250 Addit.ion is used with this reguest? **Note: Under Sections 18.12.090(B) and 18.13.080(B) of the Municipal Code, loLs zoned Two Family and Primary/Secondary which are less than 15,000 sq. ft. in area may not construct a second dwelling unit. The connunl"ty DrvoloprftanL Drprftnrne fnry grrne tn anglptlon to thisrestriction provided t,he applicant meets the criteria set forth under Sections 18.12.090(B) and 18.13.080(B) of t.he Municipal Code including permanently restricting the unit as a long-term rental unit for fu]1- time employees of the Upper Eagle Va1ley. 10 ttFlLE coPY lnwn 75 south lrontage road Yail, colorado 81657 (303) 4792138 (303) 47$2139 February 1-2, L991 office ol communlty development Mr. Michael Lauterbach P.O. Box 345LVail, colorado 81558 Re: spruce creek Tonnbouses, a/k/a A1piae Creek Dear Mike: As we discussed recently on the telephone, the Alpine creek development proposal witl be reviewed by the Design Review Board (DRB), not the Planning and Environmental Conmission (PEC). fn previous discussions with you, staff had understood that you would propose a developrnent that would have exceeded the Townrs zoning lirnitations, but would not have exceeded the grandfathered county approval . PEc review would have been necessary if that were the case. After reviewing the drawings you subrnitted, it became evident that your proposal did not exceed the Residential cluster zone district standards. As long as the project is designed according to the standards of the current zoninqr, the DRB may approve it. The attached table shows the allowed GRFA under three different scenarios: your original design, dated January 30r 1991, the county approval and residentiat cluster standards. As the table illustrates, the GRFA allowed under residential cluster is Le ,777 .8 sq. ft. Please call me if you have any additional questions. /abAttachnent oo en i ,r? i n4i-t Ii ! U I I I I I II'l ! I I I ri i I i I I I..:..1 .-. I..-t I. ^_l {4 I.l I t\ t.'f- l-.I"l Ii It ; I ri C n 5 a,p tt N\y v.-<{ -,) irr) .r-r \-;N l-1 r1;: la 9.,_l-s. F,:- Jov i ddi:!E6J:l <_.-.s -s l$-1+df\+:' -'d oo do *. ]$>'.+$ro? tF ; -jt\a I I e N i i I I I I ! I I {*.€s {:.:J, .l i$3s .\J .; * -ki I :; f.{ 'l tv, -e N.co t/J i I : :QOoo yf#':h;:;x'*#;=_AT 4l oo PROJECT: DA'E suBM'r'rED: l-/4-?/ DATE oF puB',rc TEARTNG z-//*"/ COMI{ENTS NEEI]ED BY. /-# ??- ?/ BRIEF DESCRIPTION OF THE PROPOSAL:F THE pRoposAl: fi,t,/c L_,/"rl_-L rfuy"tuuf q Srnr,,,u ( /".*#^iI:#W,,f"= conmentst r) ?.; noY- Q*"St tu ) i" t*tl s)r; vak roa- ) sL^),,'.J.. z\T.;*u* nlo,.6 '.t'/^. ,unJt' "-il/ ,r/z-a {- L- Vv"'Y*L d\ L ecc&F,l^.bl* 3) '-TL. dc",eLp.",.^* f'ete'.Js '" h- t t /a.- CDou r*, ooroor*loF',:;,'f ' ":' ;)":'*, P,:r":; t,f;*!' Reviewed or, -- [t ]- L l2''ll' Date: Comments: & t ,tlau/ fl* .-,-tt' .,7 Srn'",,o to:tl 6< cil. /t/"2;) PUBLIC WORKS Reviewed Ayt G POIJICE DEPAITTMENT Reviewed by: Cornnents: RECREATION DEPARTIIENT Reviewed by: Comments: tL *r4r-yn'--k Do"h I "t;tou^t ;7't I l/Date: z/r/ro Date: Date: INTER-DEPARTMENTAL IIEVIEW tLtl / //,/, t/*6.-,/* r e/" r yf#':h;:;:#'-f=*T a@ coMMENTs NEEDED BYI /-E Z?- aI XRrEF DEscRrpJT.r,oN oF THE pRoposAr,: fyt.l. /-_.4&.lt /pft,yo_@d, t",td au/ fI* .-o.a'f q S7ro,u 4-,4 e-4 ./ya_J 7/,,^r--t^:.rl [z ,ex tut) s,tV,L v*'-.3 ?*: .i,ft.' N-,' *4,.rtrn-k, PUBrrc woRKs A^"h / c*;*r-7n Reviewed by: Date: Comnents: FIRE DEPARTME}IT PROJECT: DATE SUBMTTTED! /- /4- ?/ DATE or pUBLrc HEARTNG z- //-q/ Reviewed by:Date: Comments: POLICE DEPAIITMENT Reviewed by: Comments: RECREATION DEPARTNIENI Reviewed by: ;Date: Comments: Date: INTER-DEPARTI4ENTAL REVIEW S*/ / €^?, t4il / /,//,1 //r*6-- ,/* r e/"t MEMO TO: FROM: DATE: REi Andy Knudtsen Tolrrn of Vail Plannlng Department Michael Laurerbach ,L/ January 16, 1991 Spruce Creek Townhomes Phase III I am in receipt of your letters tlaLed Janua ry 4 and 15, 1991,whlch pertain to the soruce creek Townhome site adjacent to Matterhornin Vail. As stated in my pEC applicacion, it is ny intention to constructsi-x single fanily houes on the phase rrr westerly parcel. Access wouldbe through the exisEing half-clrcre dri.veway. rf legarly required, aneasement and maintenance agreement with the existing Spruce CreekToronhome Associatl-on will be provided prior to issuance of any buirdlngpermlt. Further, no develoonent wrl1 occur within the 100 year floodplain, fifty foot setback or r^retlands area with the excel?tion of urinorlandscaping. Existing wetlands ground cover rairl not be removed ordes troyed . Per your request, r have included the names and addresses ofsurrounding proDerty or,rners as well as a survey of the site. Various GRFA al-lowances pertalning to the current and oastpro.ject approvals are included below: Eagle County Approval l{ay 3l , 1979 Residential Cluster Zoning January 24, l99L Site = 2.322 Acres 100 Year Plain = .596 Acres Res i dences I2 6 / Ac're Maximum Souare Footage LTnir / Total I,75O / 21,000 sf. 257[ of. site area less f l"ood nlain. 10 18,796 sf. Page 2 Memo to Andy Knudtsen cc: Spruee Creek Townhome Association O resldences will_ be of comDlimentary and stucco colors and aoplicatj.ons. be distinctive and unique due to the and interior layout. Arch{tecture for the slxexterior design with sinilar siding Even so, each custom residence wilislze, access, parking requirements, Please contact ne if you have any questions or require furtherdocumentation prior to Ehe pEC rneeting on February ll, 1991. o Spruce Creek Townhomes Phase III Adjacent Ownership L-24-9L Contiguous site to west , Thomas J. Thouson 12760 I^Iest North Avenue Brookfield, WI 53008-0944 Vall Vlllage l^lesr Filing No. 2 Lot 23 - Kathryn Joanne Lohre p.o. Box 2075 vai1, colo g165g Lot 24 - Joseph & Ellen Schmltt 1875 T,^lest Gore creek Drlve vai1, Colo B1657 Lot 25 - Frederick and Heloise Praeger 945 Westview Drive Boulder, Colo 30303 Lot 26 - John Lohre Bank one Leasing 857 Grant street Denver, colo g0203 I'ot 27 - Albert & Jeanne Weiss 1905 l,Jest Gore Creek Drive Va11, Colo 81657 Lot 28 - Debra L- Klrnball 6438 ll. Daniels Park Road Sedalia, Colo 80i35 Soruce Creek Condo Assoc. c/o Ton Gorman 143 East lfea<jow Drive Suite_ 499 Vail, Co g1657 c,/o Bruce Chaoman 143 East Meador.r Drive Sulte 49g Vail, Co g1657 Ptarmigan Tor'rnhouse Association c/o Alex Kaspberg P.0. Box 832 Val1, Colo 81658 Colorado Department of Highways Vail- CornmonsAttn: Al Pierce 9933 Lawler Ave.P.O- Box 298 Suire 521Eagle, Colo 8163f Skokle, Il1_. 6007; Brandess Building Jayne Brandess c/o Brian otReilly P.O. Box 5780 Avon, Colo 81620 FILT COPY 75 south honlage roed vail, colorado 81657 (303) 479-2138 (3(B) 47s-2139 January 15, 1991 Mi-ke Lauterbach P.O. Box 3451Vail, Colorado gL658 Re: Alpine Creek Townhomes AKA Spruce Creek Townhomes Dear Mike: olflce ot community danelopment The Town of Vail Planning Departrnent received your reguest for aPlanning and Environmental Conmission review oi the pioposed changes to the Spruce Creek Townhomes development plan. We havescheduled this for the hearing on February 11, LggL, and arecurrently reviewing the proposal . From a brief review of thernaterial you submitted, the following additional inforrnation isneeded before staff can do a thorough analysis: 1". Quarter-inch scale drawings of the floor plans. 2. A survey stanped by a registered professional surveyor showing the topography, the floodplain, the so-footcore Creek setback. 3. A conplete llst of the abutting property ohrnersadjacent to this property. I have attached a copy ofthe Townts address map to this letter, showing you whatthe abutting properties are. Depending on the size ofPhase IIf in relation to I and II, it appears thatPtarnigan Townhouses, Vail Commons, the BrandessBuilding, the Xighway Department, as well as Lots 22through 28 of vail Village west Filing No. Two will have to be notified. On the attached urap please showthe extent of Phase fII, so that it will be clear which prope*.ies need notification. In addition, pleasesupply the names and naiting addresses of the owners ofthe affected properties. Town staff will need this infornation no later than,tanuary 24,1991 in order for you to stay on the February ltth pEC agenda.If you have any questions about this, please call me at 479-2L3a. Sincerely, q4"+ &tt-^- Andy Knudtsen Town Planner AK/1rd / oNlx rf,|6l I INTERSTATE 70 HIGHLANDMEADOWS J FILING NO.z WHITE RIVER NATIONAL FOREST DONOVAN PARK 32 t7Q2 unPlltlco YAll CO{||Ot'!l 20t0 I f S-EN LYON SIJBDIVISION ?RACI O J- :/-\ )\ - .t /a'\.- / 4,"_\ 1- t yf#':h;:;:#'-f=*T a@ coMMENTs NEEDED BYI /-E Z?- aI XRrEF DEscRrpJT.r,oN oF THE pRoposAr,: fyt.l. /-_.4&.lt /pft,yo_@d, t",td au/ fI* .-o.a'f q S7ro,u 4-,4 e-4 ./ya_J 7/,,^r--t^:.rl [z ,ex tut) s,tV,L v*'-.3 ?*: .i,ft.' N-,' *4,.rtrn-k, PUBrrc woRKs A^"h / c*;*r-7n Reviewed by: Date: Comnents: FIRE DEPARTME}IT PROJECT: DATE SUBMTTTED! /- /4- ?/ DATE or pUBLrc HEARTNG z- //-q/ Reviewed by:Date: Comments: POLICE DEPAIITMENT Reviewed by: Comments: RECREATION DEPARTNIENI Reviewed by: ;Date: Comments: Date: INTER-DEPARTI4ENTAL REVIEW S*/ / €^?, t4il / /,//,1 //r*6-- ,/* r e/"t MEMO TO: FROM: DATE: REi Andy Knudtsen Tolrrn of Vail Plannlng Department Michael Laurerbach ,L/ January 16, 1991 Spruce Creek Townhomes Phase III I am in receipt of your letters tlaLed Janua ry 4 and 15, 1991,whlch pertain to the soruce creek Townhome site adjacent to Matterhornin Vail. As stated in my pEC applicacion, it is ny intention to constructsi-x single fanily houes on the phase rrr westerly parcel. Access wouldbe through the exisEing half-clrcre dri.veway. rf legarly required, aneasement and maintenance agreement with the existing Spruce CreekToronhome Associatl-on will be provided prior to issuance of any buirdlngpermlt. Further, no develoonent wrl1 occur within the 100 year floodplain, fifty foot setback or r^retlands area with the excel?tion of urinorlandscaping. Existing wetlands ground cover rairl not be removed ordes troyed . Per your request, r have included the names and addresses ofsurrounding proDerty or,rners as well as a survey of the site. Various GRFA al-lowances pertalning to the current and oastpro.ject approvals are included below: Eagle County Approval l{ay 3l , 1979 Residential Cluster Zoning January 24, l99L Site = 2.322 Acres 100 Year Plain = .596 Acres Res i dences I2 6 / Ac're Maximum Souare Footage LTnir / Total I,75O / 21,000 sf. 257[ of. site area less f l"ood nlain. 10 18,796 sf. Page 2 Memo to Andy Knudtsen cc: Spruee Creek Townhome Association O resldences will_ be of comDlimentary and stucco colors and aoplicatj.ons. be distinctive and unique due to the and interior layout. Arch{tecture for the slxexterior design with sinilar siding Even so, each custom residence wilislze, access, parking requirements, Please contact ne if you have any questions or require furtherdocumentation prior to Ehe pEC rneeting on February ll, 1991. o Spruce Creek Townhomes Phase III Adjacent Ownership L-24-9L Contiguous site to west , Thomas J. Thouson 12760 I^Iest North Avenue Brookfield, WI 53008-0944 Vall Vlllage l^lesr Filing No. 2 Lot 23 - Kathryn Joanne Lohre p.o. Box 2075 vai1, colo g165g Lot 24 - Joseph & Ellen Schmltt 1875 T,^lest Gore creek Drlve vai1, Colo B1657 Lot 25 - Frederick and Heloise Praeger 945 Westview Drive Boulder, Colo 30303 Lot 26 - John Lohre Bank one Leasing 857 Grant street Denver, colo g0203 I'ot 27 - Albert & Jeanne Weiss 1905 l,Jest Gore Creek Drive Va11, Colo 81657 Lot 28 - Debra L- Klrnball 6438 ll. Daniels Park Road Sedalia, Colo 80i35 Soruce Creek Condo Assoc. c/o Ton Gorman 143 East lfea<jow Drive Suite_ 499 Vail, Co g1657 c,/o Bruce Chaoman 143 East Meador.r Drive Sulte 49g Vail, Co g1657 Ptarmigan Tor'rnhouse Association c/o Alex Kaspberg P.0. Box 832 Val1, Colo 81658 Colorado Department of Highways Vail- CornmonsAttn: Al Pierce 9933 Lawler Ave.P.O- Box 298 Suire 521Eagle, Colo 8163f Skokle, Il1_. 6007; Brandess Building Jayne Brandess c/o Brian otReilly P.O. Box 5780 Avon, Colo 81620 FILT COPY 75 south honlage roed vail, colorado 81657 (303) 479-2138 (3(B) 47s-2139 January 15, 1991 Mi-ke Lauterbach P.O. Box 3451Vail, Colorado gL658 Re: Alpine Creek Townhomes AKA Spruce Creek Townhomes Dear Mike: olflce ot community danelopment The Town of Vail Planning Departrnent received your reguest for aPlanning and Environmental Conmission review oi the pioposed changes to the Spruce Creek Townhomes development plan. We havescheduled this for the hearing on February 11, LggL, and arecurrently reviewing the proposal . From a brief review of thernaterial you submitted, the following additional inforrnation isneeded before staff can do a thorough analysis: 1". Quarter-inch scale drawings of the floor plans. 2. A survey stanped by a registered professional surveyor showing the topography, the floodplain, the so-footcore Creek setback. 3. A conplete llst of the abutting property ohrnersadjacent to this property. I have attached a copy ofthe Townts address map to this letter, showing you whatthe abutting properties are. Depending on the size ofPhase IIf in relation to I and II, it appears thatPtarnigan Townhouses, Vail Commons, the BrandessBuilding, the Xighway Department, as well as Lots 22through 28 of vail Village west Filing No. Two will have to be notified. On the attached urap please showthe extent of Phase fII, so that it will be clear which prope*.ies need notification. In addition, pleasesupply the names and naiting addresses of the owners ofthe affected properties. Town staff will need this infornation no later than,tanuary 24,1991 in order for you to stay on the February ltth pEC agenda.If you have any questions about this, please call me at 479-2L3a. Sincerely, q4"+ &tt-^- Andy Knudtsen Town Planner AK/1rd / oNlx rf,|6l I INTERSTATE 70 HIGHLANDMEADOWS J FILING NO.z WHITE RIVER NATIONAL FOREST DONOVAN PARK 32 t7Q2 unPlltlco YAll CO{||Ot'!l 20t0 I f S-EN LYON SIJBDIVISION ?RACI O J- :/-\ )\ - .t /a'\.- / 4,"_\ 1- t ilLt c0PI tmn 75 soulh frontage road vall, colorado 81657 (303) 4792138 (303) 47!'-2139 ,fanuary 4, L991 Mr. Michael Lauterbach P.O. Box 3451 Vail , colorado 81658 .,i otlice ot community deY€lopment RE: Spruce Creek Townhouses Dear Mike: As you requested, staff has rilviewed the project history of Sprirce CrJek Townhouses. The Town has a pl1n, dated March 28, tbig, which was approved:by Eagle County prior to annexation' This plan nay Ue tuift-out as shown on the approved plans or rnodified witn peC approval . If you wish to deviate fron the ippi"".a drawings, tir"t the Plan-ning and Envi-ronmental Conrnission riiii "pptove ali changes. The parc-L is located in a Residential Clustei'Zone District. This zone allows single fanily hornes as a uie-by-right. It also allows attached dwelling units, as long as the nunbei of units per structure does not exceed four. The original developrnent plans for spruce creek phase I and II have Ueei luitt-out witn ti^refve and nine units, respectively. Phase lllhasnotbeenconstructedyet,andhasanapprovalfora maximum of twelve dwelling units. The Eagle County approval was for a total of 33 dwel1in6 units for all three phases' This information is based on research from the files in the Cornmunity Development Department, as welI as inforrnation taken from the-Townrs developmLnt statistics. A copy of the developrnent statistics sheet for spruce creek Townhouses is iit""nla to this letter showing thlt Zr, units in Phase I and II have been built. Twelve'units have bebn approved, but are not yet built. |o c ri'.! [i"llty :,$ { I |\"r f'lr l.. i. 1..: *.'LI ia rrs pernanent.fij.eiincLude-a Ietter d?l"d -Y1{ 11:-1?-1?iiE*'siJr. Ailtt statins that 33 dwellins. :"it:-1?::-u!f'?"::by $;-;;;;il ;;;;J'of cornrnissioners, each with a maxinum or L''75o "q. tt. o? floor area. This letter j-s attached for your lfrfornation. It appears that the units. in Phase.r Y:i:- constructed at t,S'e'g sq. ft. each and the- units.in lhasg |I--Y"I?;#ilffiffi ;; i:;;t ;;: ;i: ;;;h' rhoush earrier-devel9n,!!!.did ;;i-;k;';i"liti6"-rr-"=ir-ir,"-i.,iir"rr" 6Rre, rhe rown of vail _ -:--^- 4^-iiitt"i"g staff his deterrnined that the approv?} w?: given lot 1 maximum of L,zso -q. ft. per unit' As a result' the unused GRFA i-"--pi"vi"us phases-is not-EanEferable to the final phase. concerning GRFA, the Town witl review any application you propose under the current-dnfe-r"gulations' The GRFA regulations for Residential clustei,o"i"6 still allor"rs credits as listed in section L8.04.r:oiili:s-i", multi-fanily developments (rnore than ii"-a""rii"g ""itJ)'.- i"""o=" this parcer is not in a single Family, Duplex, eil-mary/secondary oi ltillside Residential zone district, aevefopirl"i-i,t'o"fa be lirnited to GRFA credits for multifamily structures. However' you may. only qualify for rnultifamily GRFA-"i"Jit. if you dei'elop-itructures with more than two dwelling units in thern. If you fuifa single.farnily units' there are GRFA "i"aii= available-i" yolr as delcribed in section 18.04.130(A) l- -4- pi".=. note that tfie definition of GRFA has .it" f"""'revised and is founil in Section l-8'04'L30' development Potentialplain, wetlands, and must rneet the current vou have anY questions S.iscus= in more detail ' SincerelY, /'4J,, Pi,4/; Town of Vail Community Development DePartment other issues which the address and which nust MM/lrd county approval does riot specificallyp. ua&ttiied to futly understand the for this property include: 10o-year-I1:"d nroposed access. Any proposal submitted' development standards for these. +::"::'If ;;-thi; information' or would like to please calt me at 479-2t34 ' petitronlle ranuarv 14. reer TO THE ZONING ORDINAT.ICEPETITION FORM FOR AITENDMENT .oR A crrAr.rcE ffoH8l.l3l "o*oo*rm r' This procedure is-reguLred for any amend,rnent to the zoning ordinanceor for a reguest for -a district baund;t .fi""S. A. NAIIE OF pETIIIONER Michael Laurerbach ADDRESS P.0. Box 3451 vail, colo 9HONE 476-6944 NAItlE OF PETTTTONERIS ADDRESS REPRESEI{TATI\IE PSONE c.NAME OF OWNER DIETZ, Inc. SIGNATURE ADDRESS P.0. Box 388 Vai.1, CoJ-o B 1r..58 pHONE 827-56t)0 IOCATION OF PROPOSAI-, ADDRESS 1750 Sourh Fronrage Road l{est B. D. It IEGATJ DEscRrprr* fB'i": t'&rlwnhomes, tn"t"fllll s100.00 PAID ck$ 6>.s( Specifically, Petitioner requests pEC approval of the accompanylngsite plan which depicts six single family homes and transfer of theapproved total residential floor area of 21,000 square feet. F- A list of the names of owners of alr property adjacent to thesubject property, and their nailing addressei. Spruce Creek Condo Assoc. Spruce Creek Association.. c/o Tom Gorman c/o Bruce Chapman 143 East Meadow Drive 143 East l4eadow DriveSuite 499 Suite 498Vajl, Colo 9i657 Vaij, Colo 91657 (0vER) ' Petition rorm ror ^|| to zonine ord or *"no.hr chanse i' u[i!lri." II. Four (4) copies of the following infornation: A. The Petition shall inctude a sunnary of the proposed revisionof the regulations, or a complete dlserlption oi tlre pioposeachanges in district borurdariEs and a map inaiciiins-tf,.-E*i"ti"eand- proposed district boundaries. Applicant u.rst subnil rritten and/orgraphic uaterials stating the reasons fot i.3quest. IIf. Time Requirements The Planning and Environmental Corunission meetE on the 2nd and 4th&tondays of each rnonth. A,petition witrr the necessary accompanyingrnaterial must be subruitted four weeks prior to the Eat" of-the meet-ing. Following the Plannins ang nnviioi:mEntat conmfsliJn-neeting,all arnendments to the zoning ordinance or district lounaad-cfra"gemust go to the Town Council-for final action. IV.Your proposal will be reviewed for compliance with Vail's Comprehensive pIan. o{ .1. DtrFMBTMtrNT EF .BE}MMUNITV DtrVtrLEFMENT XXXXXXX sALEs AcnoN FoRM XXXXXXX .IOTAL lrr0uNT COM. DEV. APPUCAIION 'EES -|-11il{Ft CrF l-JFl I l- lli=ce] lEnelus C:sh i:r 1 -. 1 :;-.:+ i 15: Brr: 4! .i;;' r * i. ;, t. +i ij;f,lEj-,rji *6';,;,r-rn1. .ii itr: lt E_-Ii Fi i r:rr*EL L F.rLifEF Frfit::H....BFFL I i*T I rlti FEEi+tr,:tr_ri'' .i tr&r'r,j,* r*,J : I llrj, lilJ I i.ern pe j d -,r: i rlFf i$ri i f, j{iF-j g a-,-,rr,J+ r* t., r-ns,:i :r. flrnrxrn t paid 1 rlrfi. i113 ll. tltl -I-HJIF-tH 1/tf t_l ir,:u r c.*shi*r .I l.rr,/ UCE}ISES f,EES I 0000 ,ttS3O 0l O00O i3t4l3 .slcr tt?tlQtttotl