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HomeMy WebLinkAbout1999-14 Repealing and Reenacting Ordinance No. 11, Series 1999, Cascade Village, Amending and Reestablishing the Approved Development Plan for Lot 54, Glen Lyon Office Building~. ORDINANCE N0.~4 SERIES OF 1999 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 11, SERIES OF 1999, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR LOT 54, GLEN LYON SUBDIVISION, KNOWN AS THE GLEN LYON OFFICE BUILDING LOCATED WITHIN DEVELOPMENT AREA D, IN ACCORDANCE WITH SECTION 12-9A-1Q OF THE ZONING REGULATIONS TO ALLOW FOR THE CONSTRUCTION OF AN EXPANDED OFFICE BUILDING AND TWO TYPE III EMPLOYEE HOUSING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A~1d of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Glen Lyon Office Building Partnership, as owner of the property, has submitted an application for a major amendment to Special Development District No. 4, Cascade Village, Development Area D; and WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 11, Series of 1999 to amend and re-establish the Development Plan for Lot 54, the Glen Lyon Office Building to allow far an office expansion and employee housing units; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on May 10, 1999 on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 4, Cascade Village Developmen# Area D. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAI L, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 11, Series of 1999, is hereby repealed and re-enacted by Ordinance No. 14, Series of 1999. Ordinance 14,Series of 1999 Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Town Counci! has received the recommendations of the Planning & Environmental Commission for an amendment to the Development Pian far Special Development District No. 4, Area D, Glen Lyan Offce Building (Lot 54). Section 3. Special Development District No. 4 'Special Development District No. 4 and the development plans for all sites other than the development plan for the Gien Lyon Office Building (Lot 54) therefore, hereby remain approved for the development of Special Development District No. 4 wi#hin the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in-a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the ob}actives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning & E;nviranmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfed through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defned as a museum, seminar or research center or perforrrring arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in amulti-family dwelling that is managed as a short term rental in 2 Ordinance 14,Series of 1999 which a!I such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shaft not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be forked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, -or balconies without passing through another accommodation unit, dwelling unit, ar a transient residential dwelling unit. Should such units be developed as condominiums, they shall be res#ricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwefiing units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwefiing unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit p{us 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development an a parcel of {and comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4." B, The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area K~iown As Acreage Cascade Village Coldstream Condominiums Glen Lyon PrimarylSecondary and Single Family Lots Glen Lyon Commercial Site Dedicated Open Space Roads TOTAL Development Area A 17.955 B 4.000 C 9.100 D 1.800 40.400 4.700 97.955 3 Ordinance 1A,5eries of 1999 Development Plan--Required--Approval Procedure Bach development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Cluta site as approved by the Town Council. The Waterford, and Cornerstone sites shall be allowed one development plan each. Development Area D shat[ be allowed to develop per the approve'rJ. . development plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defned in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12-9A of the Municipal Cade. Permi#ted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B- 3, {Commercial Core 1), of the Municipal Code. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2, All other floor levels besides firs# floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located an the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. PrimarylSecondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. 4 Ordinance 14,5eries of 1999 B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon PrimarylSecondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. ~ . 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area Q. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Cade. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Ciub addition of a wellness cen#er not to exceed 4,5D0 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings, as amended. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; S. Major arcades with no frontage on any public, way, street, walkway or mall area. 7. Transportation Business. 8. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. Ordinance 14,Series of 1999 5 C. Area C, Glen Lyon PrimarylSecondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D, Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Cade. 3. Attached garages or carports, private greenhouses, swimming pools, tennis caurts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town ofi Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. G. Area G, Glen Lyon PrimarylSecondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zaning Regulations, Town of Vaif Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, 6 ordinance 3A,Series of 1999 tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory #o permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regula#ions, Town of Vail Municipal Code. 2, Attached garages ar carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used fior outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shaft not be obstructed by outdoor display. Density--Dwelling Units The number of dwelling units shalt not exceed the following: A. Area A, Cascade Village in Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units for a fatal density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums 7 Ordinance 14,Series of 1999 Sixty-five (55} dweNing units C. Area C, Glen Lyon PrimarylSecondary and Single-Family Lots One hundred four (104) dwelling units, D. Area D, Gien Lyon Commercial Site No dwelling units shall be allowed with the exception of employee housing units as _ defined in Chapter 12-13 of the Town Code. ~ ' Density--Flaar Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (fi5,OQ0 sq. ft.} GRFA. C. Area C, Glen Lyon PrimarylSecondary and Single-Family Lots GRFA shall be calculated for each lot per 5ectian 12-6D-8 (Density Cantraf} for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyan Commercial Site GRFA for employee housing units shall be as approved on the development, however, the GRFA shall be at least 1,865 sq. ft. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. 8 Ordinance 14,Series of f999 B. Area D, Glen Lyon Commercial Site • The gross boor area shall nat exceed 35, 741 sq. ft. of net (leaseable) floor area. Developmenf Statistics for area A. Cascade Village, and Area D, Glen Lyon - Commercial Sife CHART 1: Area A Completed Projects Retain Square t7n-Site Cascade Structure Aus DUS GRFA Commercial Foot Parking Parking MILLRACE I 16 20,OD0 1 26 D.DO '+ ~ '~ a ' ~~ 3 ~ ~ MILLRAGE 11 14 17,534 25 D.DO - - ~, +' ~'~'c ;4 ~ ,~ ~ * r ~ rj~ ~~~ t C'*'~ ~ t .. h~'- ~ .. .. , ~ i~t~ ~ k 7 . MILLRACE Ilil 3 6,450 r ~~ ~ ~" -~, y ~y '~ ~ Y'"' ~ ~ F ~ ~ aLY~L I ~ k r rJ.? N r.`. F .5 ~,h MILLRACE IV 6 10,45D 19 D.QO (COSGRiFF)"' i , i+:. - S« ~ ~ .. . - .. .-~ WESTIN 148 55,457 O.DD 115 Alfredo:=s I 10a Seats Gafd 74 Seats Little Shap 1,250 Repi Sports 2,491 W & H Smith, Vaumot 900 k r: K- 1 CMC BUILgIiVG I { Cascade Wing 8 15,87D 0.00 16 Clancy -5 1,60D D.OD 13.3 Theater 4,220 28 Goilege Glassroems o.00 40 '~ College Office D.00 4 Tt~eater(Meeting Roam 2J ~ ~ 1,387 ~ 10,00 i1.5 a ~-=: _ . 9 Ordinance 14,Series of 1999 ,~ Ordinance 14,Series of 1999 ! i office parking requirements, •"'For the purposes of calculating GRFA for the Cosgriff parcel (Millrace 1V), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5°t° Mixed-Use Credit -80.$ ` Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade S#ructure 421.0 Required Parking in Cascade Structure at Build-Ou# of Area A With 17.5% mixed-use credit 381.1 Development Plans Site specific development plans are approved for Area A and Area D. The development plans fior Area A are comprised of those plans submit#ed by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building Partnership. The fallowing documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet#1.1, dated 11-13-92, SitelGrading Plan Gwathmey, Pratt, Schultz. 3, Waterford, Sheet#2.1, dated 11-13-92, Plan Level 38143' 3", Gwathmey, Pratt, Schultz. 11 Ordinance 14,Series of 1999 "Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and 1 11 1 FI 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48 -6 153 -0 ,Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Leve! 59'-D:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Leve! 69'-6"I74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"185'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 9D'-6" Gwathmey, Pratt, Schnitz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 1D. Waterford, Sheet#2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan Alf Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schnitz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Pions, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Pions Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Pfan, Roma, 10/10!88. 24. Cascade Club Floor Plan, Roma, 10110188, 25. Millrace III, Sheet #1, dated 516193, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4!13193, Floor Plans far Single Family Residence, Steven James Riden. 2~. Millrace III, Sheet #3, dated 516193, Elevations for Single Family Residence, Steven James Riden. 28. Millrace lll, Sheets #4 and #5, dated 3120193, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace iii, Sheets #ti and ~7, dated 516193, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 516193, SitelLandscape Pian, Steven .lames Riden. 12 Ordinance 14,Series of 1999 • ~ ~ 31. Millrace IV, Scenario I, alk/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10128191. 32. Millrace IV, Scenario I, alkla Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10122!91. 33. Millrace IV, Scenario I, alkla Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10123191. 34. Millrace~IV, Scenario 1, alkla Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10!31191 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 618187. 37. Site Coverage Analysis, Eagle Valley Engineering, '10110188. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11!22188, 39. Topographic Map, Inter-Mountain Engineering, Ltd, 1211194 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3!2192 41. Site Plan, 5L-1, R.G. Clark & Associates, 3!26/99 42. Site Grading Plan, 5L-2, R.G. Clark & Associates, 3126199 43. Landscape Plan, SL-3, R.G. Clark & Associates, 3126199 44. Southeast Elevation, R.G. Clark & Associates, 3126199 45. Northwest, Northeast, & Southwest Elevation, R.G. Clark &Associa#es, 3126199 46. Sections & Details, R.G. Clark & Associates, 3126199 47. Parking Level Plan, R.G. Clark & Associates, 3126!99 48. First Floor Plan, R.G. Clark & Associates, 3126!99 49. Second Floor Plan, R.G. Clark & Associates, 3126199 50, Third Floor Plan, R.G. Clark & Associates, 3126199 61. Fourth Floor Plan, R.G. Clark & Associates, 3!26/99 52. Off-site Improvement Plan, R.G. Clark & Associates, 3126(99 53. Roof-Top Mechanical Plan, R.G. Clark & Associates, 3126199 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required'by such codes. Area C, Glen Lyan PrimarylSecandary and Single FamiEy Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design 'v'varkshap, inc., dated 71-9-St3. 13 Ordinance 74,5eries of 7999 Area~D, Glen Lyon Commercial Sifie t Glen Lyon Office Building Development, The Resort Design Collaborative International, Sheets A2 - A4, revised 6116199, as may be amended by the Design Review Board. Developrnenf 5fandards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless mare restrictive standards are incorporated in the approved development plan which is adapted by the Town Council. Sef6ac~Cs A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not Tess than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structurelathletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. Ali buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gare Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon PrimarylSecondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Town of Vail Municipal Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted #a the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining wa11s associated with driveway construction. At-grade patios {those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not mare than ten feet {10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth {3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. 14 Ordinance 1~,Series off 999 eight A. For the purposes of SDD No. 4 calculations of Neigh#, height shall mean the distance measured vertically from the existing grade ar finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1, The maximum height for the Westin Hotel, CMC Learning Genter, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Cfub is 71 feet. 2. Cornerstone Building: Maximum height of 7'i feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace lil: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 4$ feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon primarylSecondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site Development plan drawings shall constitute the height allowances for Area D. Site Coverage Areas A & B: No more than 35°I° of the total site area shat[ be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25°lo of the total site area shall be covered by buildings, ur~iess the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: Na more than 30°lo of the total site area shall be covered by buildings and the parking structure, as indicated on the approved development plans. 15 Ordinance 14,5eries of 1999 • Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shalt include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%}, and in Areas C and D, sixty percent (6D%}, of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shat! be provided in accordance with Chapter 12-1 Q, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario 1, where 66.6% and the Westhaven Club & Lodge, where 71% of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Wa#erford building site with a minimum of 75% of the required space located below grade. Na mixed use credit shall be applied to this site. ~4. -There shat} be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements far accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6, Phasing: All required parking for Cornerstone and Waterford shalt be located on their respective sites. Afl required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure, 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for [1Jliilrace lil. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percen# of the required parking shah be located within the main building or buildings and hidden from public view from adjoining properties within a 16 Ordinance 14,Seriss of 1999 landscaped berm. C. Area G, Glen Lyon PrimarylSecondary and Single-Family Lots off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyan Commercial Site This site shall have a minimum of 143 parking spaces. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. Recreation Amenities Tax Assessed The recreational amenities tax due far the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permi#s. Conservation and Pallufion Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. if fireplaces are provided within the development, they must be Beat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek, G. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. N. Proi:eci:ive measures shall be used during construction to prevent sail erosion into Gore Creek, particularly when construction occurs in Areas A and D. Additional Amenities and Approval Agreements for Special Development 17 Ordinance 14,Series of T999 • District No. 4. w A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for the Westhaven Club & Lodge. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Club & Lodge. 2, The developer shall provide 100-year fioodpfain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released far either project. 3, Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. 1. The owner/applicant shall ensure that the utiii#ies to this site are ail placed underground for the entire length of the site prior to the issuance of a Temporary Certificate a# Occupancy for the devefapment. 2. The nwnerlappficant shall be required to provide roadway improvements in accordance with the approved plans. Prior to the issuance of a building permit, the applicant shall obtain approval by the Town of detailed civil engineering drawings for all proposed improvements including drainage improvements. 3. The ownerlapplicantsholl deed restrict two Type f II, Employee Housing Units in accordance with the Zoning Regulations prior to obtaining a temporary or final certificate of occupancy on the project. 4. The ownerfappficant shall record an easement for the existing bike path on the west end of the property prior to obtaining a temporary or final certificate of occupancy on the project. 5. The building plans, rooftop mechanical plans, landscape plan, tree protection plans, and dumpster enclosure details shall be reviewed and approved by the DRB. 6. The ownerlapplfcant shall mitigate the trees being removed by the development. The DRB shall determine the ratio of mitigation. A substantial vegetative buffer shall be established along the north elevation of the building. 7. Add a significant gutter system to the roof which ties into the drainage system for the site. 1$ Ordinance 14,Series of 1999 S. Provide a commitment to provide significant trees prior to being reviewed by the Town Council. 9. Make improvements to breakup the overall fapade of the south elevation. 10. In the drainage plans, provide adequate drainage for snow melt from surface parking area to prevent draining directly into creek. 11. The number of parking spaces shall be reduced to the minimum required in order to save trees on the east end of the site. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing an site. The developer{s} of Area A shall build a minimum of 21 employee dwelling units within Area A Westhaven Club & Lodge building (Ruins), 3 within the Cornerstone Building and 2 wi#hin the Liftside (Waterford Building). Each employee dwelling unit in the Westhaven Club & Lodge building (Ruins} shall be deed res#ricted as a Type Ili EHU. Said deed- restriction spoil be executed and recorded wi#h the Eagle County Clerk & Recorder's Office prior to the issuance of a temporary certificate of occupancy. Each employee unit in the Cornerstone building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 Type Ill employee dwelling units in the Area D The GRFA far these employee housing units shall not be less than '1,865 sq. ft. The GRFA and number of employee units shall not be counted toward allowable density or GRFA far SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12-'13, as amended, of the Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lat. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 50D sq. ft. shall be included in the allowable GRFA on these lots. Each lo# shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee pausing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein 19 Ordinarrce 14,Series of 1999 Westhaven Club ~ Lodge Condifians of Approval That prior to issuance of a building permit, the applicant submit a detailed contractor's cost estimate identifying the costs necessary to relocate the existing overhead utility line along the applicant's north property line underground, and that the applicant es#ablish a financial bond with the Town of Vai! in the sum of 125°l0 of the said relocating casts to insure the undergrounding of the utility line. 2. That the applicant regrade and revegetate the knoll located at the northwest corner of the development site at the time of the final grading of the Westhaven Glub & Lodge. Due to the exposure and aspect of the hillside, the knoll shall be regrading to slopes not exceeding 3:1. The regrading shall be reviewed and approved by the Town Engineer and said regrading shat! be completed prior to the issuance of a Temporary Certificate of Occupancy 3, That the applicant provide Type III Employee Housing Unit deed-restrictions , which comply with the Town of Vail Employee Housing Requirements (Title 12, Chapter 13, of the Town of Vail Municipal Code) for each of the 21 employee housing units, and that said deed-restricted housing be made available fior occupancy, and that the deed restrictions be recorded at the Office of the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Westhaven Club & Lodge. 4. That the applicant submit detailed civil engineering drawings of the required off- site improvements (street lights, drainage, curb and gutter, sidewalks, grading, etc.) to the Town of Vai{ Public Works Department for review and approval prior to the issuance of a building permit. 5. That the applicant record a twenty foot (2rJ') wide pedestrianlbike easement for that portion of pedestrianlbike path traversing the applicant's property and as identified on the Topographic Map prepared by Intermountain Engineering Ltd., dated 12(22194, and that said easement be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit. The exact facation and language of the easement shall be reviewed and approved by the Town Attorney and Town Engineer prior to recordation. 6. That the applicant provide written documentation from the Public Service Company granting approval of the construction of the Westhaven Club & Lodge in the location identified on the site plan relative to the high pressure gas line. Written approval shall be granted prior to the issuance of a building, permit. Za Ordinance 14,Series of 1999 fL J 7. That the applicant record an access easement along the east property line far that portion of the driveway and access and trash enclosure which encroaches upon the adjoining property and that said easement be recorded at the Office of the Eagle County Clerk Recorder. The exact coca#ion and language of the easement shall be reviewed and approved by the Town Attorney and Town Engineer prior to recordation. Recordation of said easement shall be prior to the issuance of a Temporary Certificate of Occupancy. 8. That the final landscape plan and architectural elevations be reviewed and approved by the Tawn of Vail Design Review Board, prior to the issuance of a building permit. 9. That the approval of this major amendment to Special Development District #4 shall become lapsed and void one year from the date of a second reading of an ordinance amending the district, and that should the approval lapse, the applicant shall be required to remove the "ruins" and restore and revegetate the site by no later than September 1, 2000. A bond providing financial security to ensure that said removal occurs shall be required following second reading of an amending ordinance. (t steal! be the applicant's responsibility to provide a cost estimate of the removal and restoration work. The bond shall be in the amount of a minimum of 125% of the removal and restoration of the site casts. The bond shall be in place within 45 days of second reading of this ordinance. If the bond is not in place with the 45 day time period, the approved development plan for the Westhaven Club & Lodge shall become null and avoid. 10. Tha# the applicant revise and submit an amended si#e plan, landscape plan, and grading plan indicating improvements to the existing boulder retaining wall along the east side of the access driveway. Each of the plans shall be reviewed and approved by the Town staff and the Design Review Board. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shalt not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section G. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as 21 Ordinance 1h,Series of 1999 • 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 prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repeated or repealed and reenacted. The repeal of any provision hereby shall not revive any provision ar any ordinance previously repealed or superseded unless expressly stated herein. Section 7. Ali bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, ar part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of June, 1999, and a public hearing far second reading of this Ordinance set for the 15th day of June, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST; r' . .. r ., .,- Lorelei Donaldson, Town Clerk ~ ~~~ ~ Robert E. Ford, Mayor ~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of June, 1999. C ~El~~ ATTEST: ;~'~LURAp~ •~ _ f. Lorelei Donaldson, Tawn Clerk ~~ ~/~ f..., Robert E. Ford, Mayor 22 Ordinance ~k,5eries of 1999 • EXHIBIT "A" KOELBEL FROPERTY DEVELOPMENT AREA A Vail-Rose 12,370 acres A part of the S W 114 NE l /4 of Section 12, Township 5 South, Range 81 West of the 6th P.M„ described as foklows: Beginning at a point on the West line of said SW 114 NE 114 from which the North one-quarter corner of said Section hears North 0° 15' East 22b9.48 feet; thence North 0° l5' East, along said West Line, 152.36 feet.to a paint ort the Southeasterly right of way line of U. S. Highway No. 6; thence, along said Southeasterly right of way line, as follows: North 52°2T East, 102.31 feet; North 49°20' 1;ast, 519.57 feet; and North 48° 13' East, 549.09 feet, more or less, to a point on the North line of said SW 114 NE [14; thence North 88°33' East, along the North line of said SW 114 NE, 368 feet, more or less, to a point on the centerline of Fiore Creek; thence, along the centerline of Gore Creek, as follows: South 3b°49' West, 101.04 feet; South 1$a2l' West, 54.0$ feet; South l °24' West, 205.02 feet; South 12° 10' West, 1 10.25 feet; and South 28 °41' West, 242.35 feet, thence South 75 ° 15' West, 1064.10 feet to the point of beginning, Rose Parcel 3.190 acres A tract of land situated in the SWI/4NE1/4 of Section 12, TP 5 S., R. 81 W., of the 6th P.M., lying Southerly ol'that certain tract of land described in Book 199, Page 197, Northerly and Westerly of the center line of C3ore Creek, and lying Northerly and Easterly of those certain tracts described in Book 211 at Page lOb, Book 211 at Page 108 and Rook 215 at Page 365, described as follows: Beginning at a point on the North-South center fine of said Section 12 whence the North quarter corner of .said Section 12 bears N. ()0° I S' 1~. 2269.48 feet; thence N. 75 ° 15' E. 346.26 feet to the true point of beginning, said point being on the South line of that tract described in Book 199, Page !97 and which bears S. 08°26' E. 2205.34 feet from the North quarter corner of saki Section 12; thence N. 75 ° 15' E, 717.$4 feet along the Southerly line of that tract described in Book 199, Page 197 to flee center of Gore Creek; thence S. 28°41' W. 130.61 feet along the center line of said Creek; thence S. 05°24'30" E. 104.50 feet along the center line of said Creek; thence 5. 49°29' W. 95.50 feet along the center line of said Creek; thence S. 22°34' W. 124.47 feet along the center line of said Creek; [hence S. 54°00' W. 1 19.34 feet along the center line of said Creek; to the Southeast corner of that certain tract of land described in Book 211, Page 108; thence N. 33° 1('30" W. 140.12 feet along the Easterly line of that tract described fi Book 211 at Page 108; thence N. S7°42'30" W. 169.88 feet along the Northeasterly fine of that tract described in Book 211 at Page 1 [7S; thence N. 86°02'30" W. 162.92 feet along the Northerly line of those tracts described in Book 211 at Page I [18, hook 21 1 at Page 106 to a point; thcrtcc N. 32°5T30" W. 7b.0$ feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of beginning. Iieedc Parcel 1.260 acres Cntrnty of Eagle and State of Colorado, to wit: A tract of land situated in the 5W1/4NE114 of Section 12, `I'ownsltip 5 South, Range S1 West of the 6th Principal Meridian, described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North Quarter Corner of satd Section l2 bears North 00 degs. i S ntuts. bast 22b9.48 teet; thence North 75 degs. 15 thins. East 346.26 feet; thence South 32 degs, .57 rains. 30 secs. Bast 76.08 feet; thence Sauth 11 degs. 00 thins. 30 secs. West 279.99 feet to a point in the center of Gore (:reek; thence North 50 degs. 32 mins. West 1 11.31 feet along the center line of said creek; thence North 38 degs. 40 mins. West 239.09 feet along the center line of said creek; thence South 76 degs. 35 mins. West 89.91 feet along the center line of said creek to a point on the North-South center line of said Section I2; thence North 00 degs. l 5 mins. East 13.95 feet along the North-south center line of said Section 12 to the point of beginning. "Cbta] Ib,820 acres 23 Ordinance 14,Series a# 1999 GORE CREEK ASSOCIATES PROPERTY DEVELOPMENT AREAS B, C & D 80.700 acres Legal Descrir,tion AEI that part of Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: All that part of the N 1/2NE [/4 of Section l2, lying Southerly of the Southerly right-of--way line of U.S. Highway No. G and Northerly ofthe Southerly Iine of said N1/2NE1/4, as shown on the plat on file in the office of the Eagle {'.aunty Clerk and Recorder as Document No. 97489, described as follows: Eeginning at the highway survey monument at the intersection of the Southerly line of said highway and the liastc:rly line of said N ]/2NE114, whence the Northeast corner of said Section I2 bears North 0°03' West 634.785 feet; thence South 73°26'30" West 11 E2.13 feet along the Southerly right of way line of said highway; thence South 70 °34' West 125. EO feet along the Southerly right of way line of said highway; thence South 69°25' West 100.00 feet along the Southerly right of way line of said highway; tltence South 65 °50' West 100.00 feet along the Southerly right of way line of said highway; tltence South 62 ° 15' West 100.00 feet along the Southerly right of way line of said highway; tltence Soutit SS °40' West l 00.00 feet along the Southerly right of way line of said highway; thence South 55°DS' West 100.00 feet along the Southerly right of way line of said highway; thencc South S 1 °32' West 100.00 feet along the Southerly right of way line of said highway; tltence South 47^5T West 232.58 feet along the Southerly right of way Iine of said highway to a point on the Southerly line of said N 1/2NE1/4; thence North 88°33' East 497.67 feet along the Southerly line of said NII~NEl/4 to the center of the NE1/4 of said Section 12; thence North 88°33' East 1379.35 feet along the Southerly line of said N112NE1/4 to the Southeast corner of said N 1 /2NE 1/2; thence North 0°03' West 760.95 feet along the Easterly line of said N1/2NE 114 to its intersection with the Southerly lirtc of said highway, the point of beginning, AND All that part of the SW 1/4NE 114 of Section 12, lying Southerly of the center of Gore Creek as shown on the plat art file in the ott7cc of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: E3eginning at the Northeast comer of said SW 114NE 114; thence South 88°33' West I31.G7 feet to a point in the center of said Creek; thence South 4D°09' West 94.04 feet along the center of said Creek; thence South I8°2 ]' West 54.D8 feet along the center of said Creek; thence South 1 °24' West 205.02 feet along the center of said Creek; thence 5outlt l2° !D' West 110.25 feet along the center of said Creek; thencc South 28°41' West 32D.00 feet; thence South 5°24'30" East, 170.DD feet along the center of said Creek; thencc Saufilt 27°00'02" West 85.24 feet along the center of said Creek; tltence Soutlt 54°00' West 259.34 feet along the center of said Creek; tltcrtce Soutlt 65 ° 34' West 109.62 feet along the center of said Creek; thence South G9°04' West 186. l3 Feet along the center of said Creek; thencc South 85°25' West 68.88 feet along the center of said Creek; thence North 77°36' West 26.96 feet along the center of said Creek; thejtcc North 50 ° 32' West 199.19 feet along the center of said Creek; thence North 38°40' West 239.09 feet along the center of said Creek; thence South 76°35' West 89.91 feet along the canter of said Creek; to a rci^.t or, tl:e ~xlesterly tine of saiu 5W 1/4NE 1/4; thence Sotrtlt 0° 15' West 4G 1.90 feet to the center of said Section 12; thence North 89.02' East !382.65 feet along the Southerly Iine of said SWI/4NE1/4 to the Southeast corner of said 5W 1/4NEI/4; thence Nort}t 0°O6' East 13$4.32 Feet along the Easter]y line of said SWU4NE1/4 to the Northeast corner uF said SW 1/4NG 114, the point of beginning, 24 Ordinance 14,5eries of 1999 ~ ~ ~ AND The NW 1/4SE1/4 of Section 12, Township 5 South, Range $1 West of the 6th P.M.; AND All that part of the SE 1/4N W 114 of Section l2, Township 5 South, Range 81 West of the 6th P.M., lying Srnttl~erly of the Southerly right of way line of U.S. Highway No. 6, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the Southeast corner of said SEl(4NW 1/4; thence South 89°02' West 836.95 feet along the Southerly line of said SE1l4NW 1/4 to a point on the Southerly right of way line of said highway; thence North 52 °35' East 1057.07 feet along the Southerly right of way line of said highway to a point on the F~asterly line of said SE 1/4NW 114; thence South 0° 15' West 628.21 feet along the Easterly line of said SEU4NW l14 to the Southeast corner of said SEl/4NW1/4, the point of beginning; EXCEPT'1'HE FOLLOWING: that part described in Book 188 at page 545; that part described in Book ]91 at page 241; that part described in Book 203 at page 231; that part described in Book 203 at page 531; that cet•taitr island adjacent to the above-described property, and located in the middle of Gore Creek, vrhich the parties intend to exclude from this transaction; County of l;agle, State of Colorado ALSO Tl-lE FOLLOWING PARCEL FORMERLY KNOWN AS THE "COSGR[FF PARCEL" A react of land situated in the SW 114 NE 114 of Section 12, Township 5 South, flange 81 West of the 6th Principal Meridian, lying Northwesterly of the center line of Gore Creek described as follows: [3cginning at a point whence the North Quarter Corner of said Section 12 bears N. I l °03' W. 2292.72 feet; thence S. 86°02'30" E. 89.50 feet; thence S. 54°42'30" E. l 69.86 feet; thence S. 33 ° 16'30" E. 140.12 feet to a paint in the center of said creek; thence S. 55 °34' W. 109.62 Feet along the center line of said creek; thence S. G9°04' W, 90.78 feet along the center line of said creek; thence N. 23 ° l2'30" W. 317.54 feet to the point of beginning, containing 1.05 acres, mare or less. ALSO DESCRIBED Beginning at a point whence the North Quarter Corner of said Section 12 bears N. I 1 °03' W. 2292.72 feet; thence S. $5°43'14" 8.89.84 feet; thence S. 57°25'30" E. G9.46 feet; thence S. 32°59'30" E. 141.47 feet to a point in the center of said creek; thence S. b5°31'36" W. 109.62 feet along the center line of said creak: thence S. 69°01'36" W. 103.02 feet along the center line of said creek; thence N. 23 ° 24'09" W. 319.09 Feet to the point of beginning. 'I'OGETI-18R W1TH an easement as described in Document recorded August 5, 1980 in 13oak 306 at Page 443 and recorded in Book 307 at Page 80 of the Eagle County records. 25 drdinance 14,Series of 1999 Also including all water and well rights appurtenant to the above described property, including without limitation, Weil Perrrrit No. 94702, water rights decreed in Civil Actia~i No. 2a75 in Earle County District Court, and all that portion of water rights decreed in Case No. 80 CW 410, Water Division No. 5, (Core No, 1 Well _ 0.05 cfs) A part of the Northeast Quarter Southwest Quarter of Section 12, Township 5 South, Range 81 West of the 6th 1'rincipaE Meridian, described as follows: Beginning at the center of said Section 12; thence S. 0 ° 15'00" W. Along the east line of said Northeast Quarter Southwest Quarter, [ 62 feet to a point on the north line of a tract described in Book i 89 at Page 591; ther7ce along said north line S. 88°59'31" W. 353,7 feet; thence southwesterly along a curve to the left whose radius is 78.93 feet, and whose chord bears 5. 52°25'32" W. 94.05 feet, an arc distance of 100.74 feet; thence N. 10°05'39" E. 222.12 feet to a point an the north line of said Northeast Quarter Southwest Quarter; thence N. 38°59'31" E. along the north Iine of said Northeast Quarter Southwest Quarter 390 feet, more or less, to a point of beginning, Earle County, Colorado. 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