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Home My WebLink AboutELK MEADOWS RESUB OF PART OF PARCEL A LIONS RIDGE FILING 2 PART 2 LEGALPROJ ECT: DATE SUSI4ITTED: C0l",i,tENTS NEEDED eVl-!\o,\d&U /ni1& BRIEF OESCRIPTION OF THE PhOPOSdL] PUEL]C WORKS .\ Revierred by: Ccnnenis: Fi RE DEPARTI,IENT Revievred by: Conments: II.ITER-DEPARTHENTAL REVI EH DATE OF efl) Date Date POL ICE DEPARTI.IENT Rev i er.red by: Connents: Da te RiC;iiATiON DIPARTI{iNT fvoni 4 PUBLIC HEARiNG }/ I6 r0c \t*(_ fteviewed.by: Cor,ents: Date o E AGLECOUNT 551 Broadway Eagle,Colorado 81631 (303) 328:7311 July 21, 1987 Mr. Mike J. Lauterbach Lamar Capital Corporation P. 0. Box 3451 Vail, C0 81658 RE: Grading Permit #3015 - The Valley Phase III Dear Sjr, Pursuant to our field inspection of July 20, 1987, it is obvious that the grading in place does not comply wjth the approved plans for grading permit #3015. Therefore, I hereby suspend Permit #3015 - UBC 303(e). A new permit may be applied for although since your project is now in the Town of Vail, you should apply in the Town of Vail. If you have any questions, please call this office. Gerald Best, Buildinq Official GB/eh xc: Jim Fritze, Eagle County Attorney Susan Vaughn, Director Community Development Larry Metternick, County Engineer Kristan Pritz, Town of Vai'l Garry lvloran, Town of Vai'l F'r l es a Y Board of County Commissioners Assessor P.O. Box 850 P.O. Box 2149 Fagle, Colorado 81631 Eagle, Colorado 81631 Clerk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81631 Treasurer P.O. Box 479 Eagle, Colorado 81631 <'-.za I E ACLECOUNT 551 Broadway Eagle,Colorado 81631 (303) 328:7311 July 21, 1987 Garry Moran Town of Vail Bui'lding 0fficial 75 South Frontage Road West Vail, C0 81657 RE: Grading Permit for Mike Lauterbach Dear Garry, Pursuant to our field inspection of July 20, 1987, it is obvious that the grading in p'l ace does not comply with the approved p'lans for the grading permit #3015. o Y Therefore, a new permit would be required - UBC project is now 'in the Town of Vail, we feel that the take over the permitting and reviewing. l.le wi1l send a complete copy of the entire file Please contact me if you have any questions. Gerald Best, Buildinq 0fficial GB/eh xc: Kristan Pritz, Town of Vail Susan Vaughn, Director Connunity Development Jim Fritz, Eagle County Attorney Larry Metternick, County Engineer Files 303(e) . Since thi s Town of Vail should for your information. Board of County Commissionen Assessor P.O. Box 850 P.O. Box 449 Eagle, Colorado 81631 Eagle, Colorado 81631 Clerk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81631 Treasurer P.O. Box 479 Eagle, Colorado 81631 -'? \". {" 75 south trontage road vall, colorado 81657 (303) 476-7000 ofllce ol communlty development July 8, L987 Mr. Mike Lauterbach P.O. Box 3451-Vail , Colorado 81558 Re: Elk Meadows Subdivision Final plat Dear Mike: I told you that I would give you comrnents by July g, L}BT concerning the actual final plat for Elk Meadows. The following information will need to be added to the plat: t. Bill Andrews tras asked that you show and/or clarify the easements on your title report nurnbered 9, 10, ll, 14, L5 and l-6. 2. Bill Andrews has inforrned ne that the private road design does not meet the reguirements that a private road have 40 feet of right-of-way. He stated that he does not feel this is a problem as long as ttre condominiurn association or developer maintains the road. My concern is that technically a variance is reguired for the waiver of the 40 foot requirement. Rather than qo through a variance procedure, f woul_d strongly reconmend that you add the 40 foot right-of-way to the road. From my cal-ulations, it appears that this is not a problem. 3. Tlre addresses on the final plat need to be changed to correspond to what fits in with the Town of Vail address nap. The changes reguired lrould be: Building Envelope {1, L624 Building Envelope 92, L626 Building Envelope #3, L62B Building Envelope 94, l-G3o Building Envelope #5, 1,632 Building Envelope f6, 1,634 Building Envelope f7, 1636 Buffehr Creek Road Buffehr Creek Road Buffehr Creek Road lt tl ll tl ll tf ll 1l a rn addition, the other changes to the plat that were listed in ny July lst letter should also be made. I have listed. these again for your infornation: 1. The wording on the final plat under Notes #4 should be changed to read, "This entire subdivision lies in a geologically sensitive area as identified by a Town of Vail rockfall study prepared by Schmeuser and Associates,fnc., November 29, l-984, and developrnent shall be subject to the rnitigation for rockflll as outl_ined in the E1k Meadows Subdivision protective covenants and Town of vail Ordinance 95, Series of 1985. Record.ed i.n Book _ at Page _ with Eagle County.l The portion of the subdivision that is affected by the rockfall should also be indicated on the final pl-t fy shading or some other graphic notation. 2- Before recording the final prat, you will need to submit a lega1 written agreement for the completion of the subdivision irnprovements and a cash escrow, letter of credit, or performance bond to cover l_50? of the improvenent costs. This reguirernent is outlined in Section L7.L6.25O of the Subdivision Regulations. This agreement shourd include the planning cornnission and Town council conditi-on of approvar that rrihe appricant agrees to revegetate the acccess road if the geneial subd.ivision improvernents . are. not cornpleted by Septernber 1, L9g9 . rl ceneral subdivision irnprovements are defined in section L7.1,6.1-50 of the Town of Vail Subdivision Regulations. 3. Two-siqned mvlars of the finar plat should be subnitted.I will let Bill Andrews, the Fire Department, Community Development Department, and Larry Eskwith review your paper copies before you actually bring in the sig;ed myrars to save time. r wirl get the staff comments back !o you by Jullz.8, 1987. I am asking that you make these revisions and return inforrrnation to rne by July l-Gth. please let me know any guestions. the if you have Sincerely, S'dsfrb Town Planner KP:br cc: Larry Peter Peter Eskwith Jamar Patten fPh'q, WU TO: FROM: DATE: Town Council Cornmunity Development Departrnent July 7, ]-987 V) suBJEcr: second reading of the EIk Meadows special Development District Ordinance _On_June l-6, L99, the Town Councit made a motion to approve the -E-lR-Eed-doE-s-sFeciat Development District at first ."-bitg. The folrowing chang'es have been made to the ordinance and ar6 typed in all capital-s in the document: The sguare footage for each tract has been changed due to the renoval of the four parking spaces on the western portion of the subdivision. F-' t^ I \:;/ A dol1ar sign was added indicate that the staff charge per square foot. to Section 4, #12 Amenities Tax to is referring to a thirty cent fn Section 4A, the following letters have been referenced as part of the Environrnental Irnpact Report: a. Letter from Mr. Don pettigrove, p.8., 6/1,2/87 b. Letter fron Mr. Nichol_as Lampiris, ph.D'. , '6/.1,5/87 c. Letter from Mr. Don pettiglrove, p.E., 6/j-6/87 d. Letter from Mr. Nicholas Lampiris, ph.D-. | '6,/1_8/g7 In Section 4 of the ordinance, the reference t,o the preliminary drainage plan from Mr. Don pettigrove has been added. The Design Guidelines in Section 4, #t1 have been changed.in the foltowi-ng ways per the request of the Desiqn Review Board, - a. Roof pitch sha1l be between 4r and 12r and 6r and 12 1 b. Roof materials shal1 be metal stand.ing seam or a metal stamped California tile form and be either charcoal grey or dark navy blue in color. c. f, which related to decks and balconies has been omitted from the ordinance. In Sectlon 4A, the statement has been added to the 1ast sentence of this paragraph so that it now reads: ItThe. development plan .i s comprised of those pl_ans subrnitted by Lamar Capital Corporation and clnsists of the following documents WHICH WILL BE FINALIZED AT THE MAJOR SUBDIVTSION FINAL PLAT REVIEW.II Addrfl,fdfo^, 'The Town Council subdivision. A nal draina Please see the two attach also requested an additional letter fron*U€.addressincr rocllfall in cotlmon areas for tEe ar was also EE@ed -F?fverifw from the subdivision would have Jurne 18 r 1987 l'li chael J. Laurterbach F.O. Box 3451 Vailn trO. 81658 RE: El l,: l"le,rdows Sutbdivigiort Rocf':{al 1 Desr l'lr. Lautterbach: In regponse to one o{ the i sglres rai --ed i n the Col I i ng Iei-ter, I f u=el .rery comf ortable r.ri. th hs.,,ing no mif-igation f or potenti aI rockf aI I i nto common , oFen eFace aFeac- r+i thi n the proposed devel opment . Typ i cal 1 y, the-. i ntent of open aFeas . as Iong as there are nD permanenl commurni ty strurctLtree ELrch .rg of{iceg or rneet-ing pla':eg, is to provide spece for gr-evity rel atpd qeol oqi c phenomena to octrLtr r.l i th no damaqe to --trrtctttreE1 cand minim"1l chance of errpc'sr-rre to per=onal in_iutry. ttJhen I prep;rre a report lor cl ient= or-rning. lar instance, a one fit:FE-i p'arcL.l for the cle.,,elopm€:nt of one. single fsmilv regi dence . the ai te i s ei ther 1'=cated ar.la.,, *rorn a ha= ard ,inclt-tdinq perhape r-oc[,.f ;-i 1r or mil:rqati,:n tel:hni qL\et= ar-e emplo\,/ed to direct any 5.rotenf-i al geologic occurf-i-€:nce arc,i-rnd l:ha hcmg=i te i nto t-he open 5psE€1 . Th i s i g the mo=t prudent APpFoach, as r.J e cannot pr-otect every sqlrare {oot of prooerty and still live in the rnsltnf-ains. I hope I have aciequatsl y addressed this par-ticular trJntrern Flease r:ontsct me if ther* are f ur-thelr qrre=ti on:. 9i ncet-e1y, EATdIJER ASSOCIATES, INf,. -, b. t -././Y / / -<- I-,// ,/ //vVL-'l,tv /L<ntU t/ lJr. choI.a-= La.npiris. F'hD. Fr-n ireri- li'=nl nni cit lrJL./ c 1 !,: BANNEF] BANNER ASSOCIATES. INC. CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION. CO 81506 . t3031 243-2242 BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ARCHITECTS SUTTE 6, 605 EAST MAIN ASPEN, COLORADO 81511 . (303) 925-s857 BANNER ASSOCIATES. INC. s8ir. 3,t:il!".H'r",ilf.*s & AR c H rrEcrs ASPEN, COLORADO 8t6ll . (3031 92S-S8S7 BANNEF] Jutne 15, L?BT BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ANC}|TTECTS 2777 CROSSROADS BOULEVARU GRAND JUNCTION, CO81506 r (3031 243_2242 Pli chael J. Lar-tterbach P . O. Bo:< 34S l VaiI, C0. Al6ge FE: Elk t'leadows Subdivision Rockfall Dear l,lr. Lauterbach: f have reviewed ll.:._::t"rts prepared the weelr endrng Jutne l?,l?87 1 by Don pe.tygrove, oLrr structr_tra,l ";;i;";.1'co.crurr,ing the rocrr{ar1 mitigation for trre ir}r FreadowJ suaoivision. Ag previously mentionedr potentiar rockfall into tnis srte r.li11 b:.y=ry.infrequent-over tn"-f"i.r, but this type, o{mitig.rtion is still prudent I{ the engineered design criteria presented by Don Fettygrove in.is above referenced report is f ol lor.red, tlre roct*{all li:*:.': to occr-tpants within'Etiu.i,.r=, to be rocated r"rithin Elk Meador.rs Subdivision will be minimi=e.j . Further r if the recornrnencled enEi neeri ng i s accompl i shed a.rri "f tn*construction of gtructirres upon th* p.oposed 6uilding envelope:3, there should be no increased haz.rrd to other property or- structures, or to pr-rbl i c br-ri I di ngs, roaos r streetsr right-of-*1I, *.oo*enis,'tirities or f.rcilities. :j.I.::..i;: "nr f urther questioni, ple"rse do nor hesitate ro Si ncererl y, enNtNtEn ASSOCTATES, INC. ^,iqr'4 \ -/u..t f / ,.(- l"w^tU'l ftf4,q Nicholas Lampi'ris, FhD.Froject Geologist : June 16, 1987 E|ANNEFI The transrnission of flows through the site will be altered Mr. Peter Patton Town of Vail 75 South Frontage Road Vai1, CO 81652 Re: Elk Meadows Subdivision (The VaIIey),Filing #2, phase III BAI #8095-0-5 Dear Peter, r. am writing, as you reguested, to _crarify our opinion regarding the anticipated impact oi tnis development'on in.-rto.,o frow into the adjacent property to the west. The peak design frow through the meadow area for a storm of 10-year recurrence, is only g cfs for a Lotal basin area of some l7g acres. The total surfaced area of road is approximately 0.9 acre with an area of about 0-5 acre establishlb tor the building envel0pes- giving -a total 0f approximately t.4-u;;;" of the total r78 in which the dlainage charttteristics'rirr be artered by this developmen.t. Il is_ our, opinion_ that u"V .n."ge in peak f,low generated by thls_devel0prnent is beyond trrJ-iccuraly of the methods used to calculate-flows such as this and therefore can not be aqcurately evaluated. Pro'r ough - h the site n virtually the same as The guantit Warge-€'ron tbls-:prapgr!wil c[aw ave shourd you have any further questions, prease do not hesitate to call. Sincerely, BANNER ASSOCIATES, INC. N t,f"..- \ Donald G. Pettygrove, p.E. DGP/rIg cc: Mike Lauterbach BANNER ASSOCIATES. INC. CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION, CO 81505 . (303\ 243.2242 t | ,a, ORDINANCE NO. 19 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT OISTRICT (KNOWN AS SDD NO. 16, ELK MEADOWS) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipai Code authorizes Special Development Districts within the Town; and I,IHEREAS, Lamar Capital Corporation has submitted an appl ication for a Special Development approval for a certajn parcel of property within the Town knorm as The Va1 1ey, Phase III, part of Parcel A, Lion's Ridge Subdjvision Filjng No. 2 to be known as Special Development District No. 16; and WHEREAS, the establishment of the requested SOD 16 will insure unified and and coordjnated development within the Town of Vail in a manner suitab'l e for the area in which jt is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Counc'il considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to establish such Special Developnent District No. 16: NO}l, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOt.lN OF VAIL, COLORADO, THAT: Section l. Amendment Procedures Fulfilled. Planning Commjssion Report. The approval procedures prescribed jn Chapter 18.40 of the Vail Municipal Gode have been fulfilled, and the Town Council has received the report of the'Planning and Envjronmental Commjssion recommend'ing approval of the proposed development plan for sDD 16. Section 2. Special Development District No. 16 Special Deve'l opment District No. 16 (SDD No. 16) and the development plan therefore, are hereby approved for the development of Phase III The Val 1ey, part of Parce'l A, Lion's Ridge Subdivision Filing No. 2, within the Town of Vail consisting of 3.6 acres. Section 3. Purpose Specjal Development District 16 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municjpal Code. As stated jn the staff memorandum dated June 8, 1987, there are sjgn'i fjcant aspects of Special Development Distrjct 16 which are diffjcult to satisfy through the imposition of the standards of the Residential Cluster zone district. SDD 16 allows for greater flexibility jn the development of the land than would be possible under the current zoning of the property. In order to help preserve the natural and scenic features of this s'ite, bujlding envelopes will be established whjch designate the areas upon the site in whjch development will occur. The establishment of these building envelopes will a'l so permit the phasing of the development to proceed.according to each individual owner's ability to construct a resjdence. SDD 16 provjdes an appropriate development plan that maintains the unjque character of this site given the diffjcult sjte constraints which must be addressed in the overal'l design of the project. Section 4. Development Plan A. The development plan for SDD 16 is approved and shall constitute the plan for development wjthin the Special Development District. The development plan is comprised of those plans submitted by Lamar Capital Corporatjon and consists of the following documents, l,lHICH l^lILL BE FINALIZED AT THE MAJOR SUBDMSI0N FINAL PLAT REVIEl.J: 1. Elk Meadows Subdjvision Phase III: Preliminary Plan Building Envelopes AND PRELIMINARY UTILITY PLAN, Phase III The Vallev, February 23, 1987, Mr. Lee Lechner, Colorado Registered Land Surveyor Elk Meadows Subdivjsion Phase III Access Road Design Drawing, John MacKowen, Surveying and Engineering, Inc., June 5, 1987 FINAL Landscape P1an, Elk Meadows, Phase III' Mr. Dennis Anderson, Associates, June 30, 1987 ELK MEADOWS SUBDIVISION PHASE iII PRELIMINARY DRAINAGE PLAN, MR. DON PETTIGROVE, P.E., JUNE 1987 Environmental Impact Report submjtted by Mr. Peter Jamar, Associates, Inc., May ll, 1987 which includes Design Guideljnes, Rockfal 1 Mitigation requirements, and a prel iminary utility plan. THE FoLLoWING LETTERS ARE ALSO PART OF THE EIR: a. LETTER FROM MR. DON PETTIGR0VE, P.E. T0 MR. MIKE LAUTERBACH, JUNE 12, 1987, RE: PRELIMINARY DRAINAGE PLAN/GEOLOGIC HAZARD MITIGATION ELK MEADOWS SUBDIVISION 2. J. 4. 5. b. LETTER FROM MR. NICHOLAS LAMPIRIS, PH.D, TO MR. MIKE LAUTEREACH' JUNE 15, 1987 RE: ELK MEAO0I.IS SUBOIVISION, R0CKFALL c. LETTER FR0M MR. DON PETTIGROVE, P.E. T0 MR. PETER PATTEN, JUIIE 16, 1987. RE: ELK MEAD0}{S SUBDIVISION PHASE III DRAINAGE d. LETTER FROM MR. NICHOLAS LAMPIRIS, PH.D, TO MR. MICHAEL LAUTERBACH, JUNE 18, 1987, RE: ELK MEADOI,IS SUBDIVISION, R0CKFALL 6. 0ther general submittal documents that define the development standards of the Special Development District. B. The development plan shall.adhere to the fo1 1owin9: 1. Acreage: The total acreage of the site is 3.6 acres. 2, Permitted Uses: The permitted uses for the site are proposed to be: a. Single family residential dwellings b. Two-family residential dwellings c. 0pen space d. PubIic and private roads 3. Conditional Uses: a. Publ i c uti 1 i ty and publ i c servi ce uses b. Public buildings, grounds and facjlities c. Public or private schools d. Public park and recreation faci) ities e. Ski lifts and tows f. Private c'l ubs g. Dog kennel 4. Accessory Uses: a. Prjvate greenhouses, toolsheds, playhouses, attached garages or carports, . swimming pools, patios, or recreation facilities customarily incidental to single- family or two-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provis'ions of Sections 18.58.130 through 18.58.190; c.Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; d. Horse grazing, subject to the issuance of a horse grazing permit in accordance with the provisions of Chapter 18.58. 5. Parcel Acreages and Uses a. Euilding Envelopes l. -07 acres, 1 singie family unit 2. .07 acres, l single fani'ly unit 3. .06 acres, L single family unit 4. .05 acres, L single family unit 5. .10 acres, 1 duplex unit 6. .08 acres, L duplex unit 7. .05 acres, 1 single family unit b. Tract 'l : 2.467 acres open space c. Tract 2: .6927 acres private access road and parking 6. Setbacks - Minimum setbacks for the location of structures with relations to building enveiope perimeter lines shal I be as follows: a. No structure shall be located on the utility easement as so designated on the final olat of the subdivision. b. No structure shail be located less than two feet from either the east or the west perimeter 1ine. c. No structure shall be located less than three feet from the north perimeter I i ne. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so )ong as such roof overhangs and decks are totally within the perimeter lines of the building envelope. 7. Density: Approval of this development plan shall permit nine (9) dwelling units which includes 5 single family unjts and 2 duplex units. A building situated on a single unit residential bui'l ding envelope shal1 not contain more than 1,777 square feet of GRFA; a building sjtuated on a two unit residential building envelope shall not contain more that 3,554 square feet of GRFA. 8. Building Height: Building height shall be 33 feet for a sloping roof. 9. Parkjnq: Two parking spaces shall be provided per unit with one of the two spaces being enclosed. 10. Landscaping: The area of the site to be landscaped shall be as indicated on the preliminary landscape pian. A detailed landscape plan shall be submitted to o the Design Review Board for their approval . The 0esign Review Board approved final landscape plan shal 1 represent the general subdivision's landscape requirenents. The entire portjon of the building envelope not covered by pavement or buildings shall be'l andscaped as welI as any areas outside the building envelope disturbed during construction. 11. Desisn Guidelines: The Design Guidelines shal'l be submitted to the Design Review Board for their approval . The DRB final design guidelines shall represent the approved design guidelines. Design guidelines for the site are as follows: a. Roof pitch shall be.BETWEEN 4 feet in 12 feet AND 6 FEET IN le FEET- b. Roof material shall be METAL STANOING SEAl,l 0R A METAL STAMPED CATIFORNIA TILE F0RM and be either charcoal grey or DARK NAVY b'lue in color. c. Siding material shall be either cedar or redwood and shal 1 be applied horjzontally as indicated on the prototypical building elevations. 0n'ly light colored stain shal'l be applied to siding. d. Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is utilized, it shall be light in color. e. AlI windows shal1 be white metal c'l ad windows. f. A1'l roofs shal'l have overhangs of at least I foot in order to protect walls and wall openings from rain and snow and to contri bute to the building's character. 12. Recreation Amenities Tax:The recreation amenities tax is $.30 per square foot. 13. Protective Covenants: Prior to.major subdivision final p'lat approval , the deve loper shall file protective covenants on the land records of Eagle County which will provide that each owner that builds a structure on a designated building enve'l ope shal1 comply with the design guide1ines and rockfal 1 mit'i gation requirements as outlined in the EIR by Jamar Associates May 11' 1987. Copies of the guj de1 ines and mitigation requirements shall be available to prospective purchasers at the Community Development Offjce and Developer's offjce. The covenants shal'l al so state that an owner may choose to have another qual ified engineer/geologist design appropriate rockfal l mitigation measures, as long as the mitigation solutjon does not have negative visual impacts and is approved by the Town of Vail Cornmunity Deve'l opment Department and Town Engineer. The covenants shall also provide in regard to the covenant dealing with design guidelines and rockfal 1 mitigation that the Town of Vail shall have the right to enforce the covenant and that the covenant may not be amended or deleted without Town of Vail approval. The protective covenants shall be approved by the Town of VaiI Attorney, prior to major subdivision final plat approval . Section 5. Amendments Amendments to the approved development plan which do not change jts substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development p1an, Sectjon 6. Expiration The applicant must begjn construction of the Special Development Djstrict within 18 months from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limjts imposed by the preceding subsection, the Planning and Environmental Commission shall rev'i ew the Specjal Development Distrjct. They shall recommend to the Town Council that ejther the approval of the Special Development Djstrict be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. Section 7. If any part, section, subsection, sentence, clause or phrase of this ord'inance is for any reason hel d to be invalid, such decision shall not affect the validity of the remajning portjons of thjs 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 inval id. *' Section 8. The repeal or the repeal and reenactment of any provisions of the Vail Municipal 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 prosecutjon commenced, nor any other actjon or proceedjng 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 ordjnance previously repealed or superseded unless expressly stated herein. INTR0DUCEO, REAO AND PASSEO 0N FIRST READING THIS 16th day of June 1987, and a public hearing shall be held on this ordinance on the 16th day of June , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Buj'l ding, Vail, Colorado. Ordered published jn full this 16th day of June , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ ANO APPROVED ON SECONO READING AND ORDERED PUBLISHED this day of ,1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk .t Kent Rose, Mayor Pro Tem' Eric Affeldt Gai I Wahrl ich-Lowenthal John Slevin Hermann Staufer Pau'l Johnston, Mayor Gordon Pierce Ron Phi11ips, Town Manager Larry Eskwith, Town Attorney Pam Erandmeyer, Town Clerk zlnLt'^ MINUTES VAIL TOI,IN COUNCIL MEETING JULY 7, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, July 7, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Buitding. O MEI{BERS PRESENT: MEMBERS NOT PRESENT: TOl,lN OFFICIALS PRESENT: The first order of business was approval of the June 2, 16 and 30, 7987 meetings ninutes. After a short discussion, there was a correction noted to be made on the . June 16 minutes. Eric Affeldt stated that he voted against Resolution 20, concerning the Doubletree. Eric Affeldt then made a motion to approve the minutes with the noted correction, which was seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0. The second item was a final presentation of the market/financjal feasibjlity study for the Vail aquatic facilitv.- Kristan Pritz introduced Tim Garton and Ford Frick who gave th-[ffi-Ei'Ei6n.-Tim Garton first thanked those who helped get to this point, then gave background information and the goals of the Task Force and the conclusions they had come to. He then gave a s'l ide presentation of areas the Task Force looked at. Ford Frick introduced Ron Rinker of Barker-Rjnker-Seacat & Partners, architects, and then explained the conclusions they arrived at and how they approached problems. Ron Rinker explajned site needs and how pool area would fit jn Ford Park; he also gave a brief breakdown of operational costs. Ford next explained pricing strategies, marketing groups and potential revenues. Tim Garton addressed potential questions that came up during June and noted their conclusions. Council asked questions of the Task Force members and consultants. Joe Staufer first compJimented the Police Department on how they handled the July 4th crowds, then stated his concerns over the aquatic center, to which Tim Garton responded. Krjstan Pritz corrected Joe stating that staff was not by any means marketing the project, but was only informing the public of facts concerning the aquatic center. Joe responded that jt'looked 1ike a Town priority, and Pepi Gramshammer stated he was angry over how much staff time and expense was spent on the project when he felt the pool would not work here. Ron Phillips responded with the history of the project and compared it to the Congress Hall and noted how the two were in different stages of development. Al Weiss and Dave Garton commented on why they were for the aquatic center. Council then asked more questions of the Task Force members. Mayor Pro Tem Rose thanked everyone for their work on the project, they had been very thorough, and stated the Council wanted to digest the information and wait until the Phase II report on the Congress Hal1 came out, when the Councjl would then work on bonding jssues for one or the other or both. The third item for discussion was Ordinance No. 16, Series of 1987, second reading, amending Special Development District No. 5 g4_Resort) by amending the site plan. Mayor Pro Tem Rose read the title in ful 1. RicR-PV'lman explained additional conditions which where included at the first reading. Jay Peterson, representing Vail Run, had additional word changes which Simba Run agreed with. There was no discussion by CounciI or the public. Gai1 Wahrlich-Lowenthal made a motion to approve the ordinance with the inclusion of language presented by Jay, and it was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously 5-0. Next on the agenda was 0rdinance No. 1.8, Series of 1987, second reading, amending the parking on private property chapter of the Municipal Code. The full title was read by Mayor Pro Tem Rose. Larry Eskwith explained briefly what the ordinance would do and there were no changes requested at first reading. There was no discussion by "t' the public or Council. A motion to approve the ordjnance was made by Eric Affeldt and seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0. The fifth order of business was Ordinance No. 19, Series of 1987, second reading, establishing a Special Oevelopment 0istrict for the'Va'lley Pha:g_!!I (E1k lthadowg). MayorProTemRosereadtheful1title.KristanPr@as reguested in the ordinance since the first reading. After a brief discussion by Council, John Slevin made a motion to approve the ordinance with the changes stated by Kristan, which was seconded by Hermann Staufer. A vote was taken and the motion passed unanimously 5-0. The sixth item was Ordinance No. 20, Series of 1987, second reading, making a supplemental appropriation to the Town of Vail budget. The fu'l'l tit1e was read by Mayor Pro Tem Rose. Steve Earwick explained the changes made as requested at first reading. Eric Affeldt commented on rvhat expenditures were for and was disappointed the press was not present to note how the publicrs tax dollars were being spent. Al l,leiss asked questions concerning the appropriations, to which Steve responded. There being no other discussion, a motion to approve the ordjnance vras made by Gail llahrlich-Lowenthal . The motion was seconded by Eric Affeldt. A vote was taken and the motion passed unanimously 5-0. The seventh item for discussion was Ordinance No. 21 , Series of 1987, first reading, amending the Town of Vail subdivision regulations concernins sandsain-!um conversions.MayorPioTemRosereadthetit.|einfull.KristanPnitzeims in the Code wou'l d be and why. She then went over criterja used in evaluation of the request and why staff recommended approval . She also noted staff would like the Code to be reviewed every two years. Peter Patten commented that would protect the bed base of the town, especially if there were a Congress Hall. Mayor Pro Tem Rose made comments regarding Section 3C that there was no tjme limit for a unit to be furnished and made available. After some discussjon by Council, it was agreed to add the wording "within 90 days after the date of recording of the condominium map", He then stated additional concerns which were already in the Code, as noted by Dave Garton and Jay Peterson. Peter Patten next stated problems with Section 2. At this time, Hermann Staufer made a motion to approve the ordinance with the changes to Section 3C, and to review the Code every two years, and it was seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0. Next on the agenda was 0rdinance No. 22, Series of 1987, first reading, primary/secorulary c_onnection amendment to the Vai] Municjpal Code. The ful'l title was -r5aa-5jfuPy.|manexp1ainedthereasonjngfortheordinanceand what language staff wanted to add to the Code. He stated there was one sentence which the Planning and Environmental Council recommended, but was not included by Larry Eskwith because it was too subject'ive. Eric Affeldt agreed with Larry. Eric asked Kathy Warren of the Design Review Board if she agreed with Larry's language; she felt it was too loose and was not very comfortab'le with it. She felt it encouraged two structures and not one. After some discussion, jt was agreed to make the first sentence of the PEC memo the first sentence of the Section. There was more discussion as to what the jntent should be. After much discussion by Council, staff and Kathy Warren, it was decided to table the ordinance and nework the wording. Al Weiss stated his objections to the ordinance, to which Larry Eskwith responded. Jay Peterson then made comments as to some past Council decisions and the reason for the ordinance. Kathy Warren recommended applicants be encouraged to go to the DRB before the PEC and a lot of money is spent. Peter Jamar noted more illustrations should be done to help the DRB and PEC make decisions. At this time, a motion to table the ordinance indefinitely was made by John Slevin and seconded by Eric Affeldt. A vote was taken and the motion passed 4-1, with Hermann Staufer opposing. The ninth order of business was 0rdinance No. 23, Series of 1987, first reading, ,tl-i+++ide resjdential zone district. Mayor Pro Tem Rose read the full title. Rick Pylman elpTaTn-ed'-EhEt-the ordinance was for, what it would do and gave background i nformati on. Gai'l i'lahrl ich-Lowenthal had to 'l eave the meeting at this tine. Jay Peterson, Peter Patten and Rjck Pylman answered guestions of Council. Eric Affeldt made a motion to approve the ordinance with jnstructions to the staff to include language that equestrian lots be required to border pub'l ic lands. The motion was seconded by John Slevin. A vote was taken and the motion passed unanimously 4-0. -2- The tenth item was a Doubletree sign variance request. Rick Pylman.gave background i;fo;;;iio;-ano txptaliea wFEETne request was for. He presented photographs. to the Counci'l . He then explained the criteria used in evaluating the request and the. ii;ai;;;, irU-"6v ttr! Jtaff recommended approva). There was no discussion by the prli.il"o" Councii. A motion to approve the variance request wi th the findings as found-in the statf m"ro n"r made by Eric Affeldt and seconded by John Slevin. A vote was taken and the motion passed unanimously 4-0' The e'leventh item for djscussion was th"j.ilgl-ggnsity variance appeal. Eric Affeldt spoke up that he bnought this item up and-EEiE6d-to know why the varjance.was_approved U!-in"-Ffilining-ana Eivironmental Commission. Rjck Pylman gave background information ; ih; u""iin.i ana wtry staff recommended denia'l and overturn the PEC dec'ision. Kathy W""""n,-representlng Lie Rimel , listed reasons why she though the variance.should be ippi.""ia.-'She distiibuted copies of zoning maps and discussed the areas shown. After rllfr-aii.uriion bv Kathy, staif and Counci], John Slevin made a motion to uphold the piC aecision, and Hermann Staufer seconded. Kathy asked to be able to address any p"oUi"rs-Council members may have had with the variance. A vote was then taken and lhe-roiion was denied 2-2, Aith Mayor Pro Tem Rose and Eric Affeldt opposing. The variance was denied and the PEC decision overturned. There was no Citizen Participation' Ron Phillips stated for the fown Manager's report, the Town received $18,000 from an UMTA grant'and out of 23 cities rated, Vail had the highest effjcjency rating for our busesl He noted that bus ridership for the total area was up 23% over last year for tfle JulV 4th weekend, and overal'l , June was up 13% from 1986. He stated the real 'estate iransfer tax iund was nighi on budget for June and $12,000 over budget for the first six months. Also, sale. tax was $166,000 over budget for the year so far. Ron commented that Heritage Cablevision was going to survey a'l 1 the lodges 1nd n1b] ic with qu"itionr regarding t[e public access studio-and the public's satisfaction with it. There being no further business, the meeting was adjourned at 11:45 p.m. ATTEST: Mi nutes taken by Brenda Chesman Respectful 1y submitted, ffiioTem -3- o INTER-DEPARTI,IENTAL REVI E}I DATE SUBI.IITTED: COIUENTS NEEDED 8Y: BRIEF DESCRIPTION OF THE PROPOSAL: DATE OF PUBLIC HEARING O f7r. r, art a7(r /{ FIRE DEPARTMENT Cnr'c''+' 4'- / ooo')' f%,lZ 6V /rf€- Srl€ /f to' Revlaned by:Date Gomrents: POLICE DEPARTI4ENT Revlewed by: Cornents: Date REC REATION DEPARTI4ENT .Reviewed by: Corments: PUBLICIIORKs ,.t L i Reviewed ay, [1,,f o^t"J/4a.2 Conrnents: / / <z4f ttr/* 210,,/1 t{/t- {7, -7 rte &:Yazz (l) f/c(i't'r \ -\_;..'<4<6- 12ee-7 ']5 1o,- a '*-.nq Vz, t+ze Ze/1o /a=rc^t 45 /Q- 2a4"'7Qt"5 r'= kr,,ta aF" €r13-l<rft' Date 75 south lrontage road vall, cololado 81657 (303) 476-7000 ofllco ot oommunlty deyelopmenl July 1-, L987 Mr. Mike Lauterbach P.O. Box 345L VaiI, Colorado 81658 Re: Status of Elk Meadows Subdivision Review Dear Mike: Belolr is a sumrnary of issues related to the review of the Elk Meadows Subdivi-sion. SPECIAL DEVELOPMENT DISTRICT ORDINANCE on July 7, 1987 the Town counci]. witl hear ttre second reading of the Special Development District ordinance for Elk Meadows.I have rnade the following changes to the original ordinance: L. The square footage for each tract has been changed due to the rernoval of the four parking spaces on the ri,/estern portion of the subdivision. 2. A dollar sj-gn was added to Section 4, #12 Amenities Tax. 3. In Section 4A I am referencing the foltowj.ng letters as also being part of the Environmental fmpact Report. A. Letter from Mr. Don pettigrove, p.E., 6/LZ/97 B. Letter from Mr. Nicholas Larnpiris, ph.D. , 6/15/97 C. Letter from Mr. Don pettigrove, p.8., 6/L6/87 D. Letter from Mr. Nicholas Larnpiris, ph.D. , 6/LB/87 4. I have also added to Section 4 of the Ordinance the reference to the preliminary drainage plan from Mr. Don Pettigrove. 5. The design guideJ-ines in Section 4, #l-1 have been changred in the following ways: A. B. Roof pitch shal1 between 4:i.2 and 6rLZ.Roof materials shall be rnetal standing seam or a netal stanped California tile form and be either charcoal grey or dark navy blue in color. #F !,rhich related to decks and bal-conies has been ornitted from the ordinance. c. FINAL PLAT SUBMTTTAL I.f would like 12 copies of the final EIR which should include the additional letters which were referenced in the revised ordinance, the new graphic for rockfall nitigation.from Mr. Don pettigrove, and the changes to the Design Review Guidelines which were also referenied in the revised ordinance. I an also asking that you amend your elevation drawings which serve as grridelines for design in the EIR to exclude the railings reference and to match more closely the schematic section which was submj.tted by Mr.. Don Pettigrove for the rockfall nitigation. The Design Guideline elevations and pettigrovers schematic section do not correspond to each other as well as they could. This descrepancy created confusion at the elanning Commission meeting and also has the potential to create confusion for future buyers of the fuitaing envelopes. I feel that it would be more accurate and reisonable to show design elevations that reflect the rnitigation that will be necessary due to the rockfall hazard. (please subrnit by July 10th at 5:00 p.M. to the Connunity Development Departrnent. ) Final- drainage, landscape, utility, and road (if anything is changed) plans should be submitted.. These'drawings aie now tj-tled as preliurinary plans. They should be titled as final plans. Fire hydrants should also be located on the utility plan according to the Fire Department regulations.CompJ.ete engineering plans and specifications foi all hrater, sewer, and other utilities must be sholrn on the utility plan. The landscape plan shoul_d be revised to show the additional six aspen trees and boulder retainage near the entrance as requested by the Design Review Board.and the removal of the four parking spaces on the western portion of the subdivision. (please iubrnit by July loth at 5:o0 P.M. to the Comrnunity Development Depirtnent.) The covenants for the subdivision should be signed and.revised to include staternents concerning rockfill as outlined in the ordinance.- Larry Eskwith, Tohrn Attorney,must also review the rockfall language. The guideline section of the covenants should also-be ctrangia to read, 2. 3. ItGuidelines for the and tracts shall be development of the building envelopes adopted by the comrnittee, *hich shlll, 4. LZo*pr"ment the provisions of these protective covenants. Guidelines may be amended frorn time to tirne with the rnajority vote of approval from the committee and approval of the Town of Vail Oesign Review Board. The guidelines will be avairable fron the chair of the design cornrnittee and rown of Vail Community Development Departnent.n The final covenants should be subrnitted to Larry Eskwith by July L0, 1987. The wordingt on ttre fj.nal plat under Notes #4 should be changed to read, rrThis entire subdivision lies in a geologically sensitive area as identified by a rown oi Vail rockfall study prepared by Schmeuser and Associates,Inc., November 29, L984 and development shall be subject to the rnitigation for rockiall as outlined in the EIk Meadows subdivision protective covenants and Town of Vail Ordinance 95, series of 1985. Recorded in Book_ at Page _ with Eagle County.rl The portion of the subdivision that is effected by the rockfall should be indicated on the final plat by shading or some ottrer graphic notation. Before recording the final plat, you will need to submit a legal written agreement for the completion of the subdivision improvements and a cash escrow, letter of credit, or performance bond to cover j.SO? of the improvernent costs. This requirement is outlined. in Section 17.L5.250 of the Subdivision Regulations. This agreement should incrude the pranning cornmission and Town Council condition of approval that rThe applicant agrees to revegatate the access road if the general subdivision improvernents are not completed by Sep€ember I, j,989.n General subdivision improvements are defined in Section t7.L6.l-5O of the Town of Vail Subdivision Regulations. Two.siqned mylars of the final plat should be submitted.I will let BilI Andrews, the Fire Department, Community Development, and Larry Eskwith review your paper copie-s before you actually bring in the signed nyflri to save time. I will get the staff commenti back to you by JuIy 8,_L987 so that,you can work on getting signalures on the mylars and submit them to me by July tA, tgAZ. 5. 6. All of the above infornation except where noted. for the finaL plat should be subrnitted to ne by July LO, Lgg7. If infornation is not submitted. according to the timerine, the staff may be forced to table the project. please try to work on getting this infornation to us on tirne so unnecessary problems are avoided. Thanks for your cooperation. {f y"g have any further questions about these conments, prease feel free to call rne. Sincerely, r) I nl fiirlo,n Yrirt Kristan Pritz Town Planner KP:br cc: Peter Patten Larry Eskwith Peter ,Jarnar -l* a I o ?p-nag, &ase- tv€?er aAr44* A&)eAf Tb TLI'Z- VXt crzt-1 Tr+o412 ' l[.l^'.o-v ?r-ee*ha ?.o, bx Yo7o4 "h,[tos ,Tf -7gz8o Neqt+ LtoHS (?toa'L c-oo? R.o.uJ. 1t,'^ o{ Va: I W - Vq*>r( (-ouau-'.{ul,r.r. A*goct.zy,ToN Naqt+ otz uoN'5 e.to r/o*, (), Flau,n fhX lozl Va;ll1o[owlQo flbrn. Wrv^L,bp,, 7>z- I-W]" la.'eogo-' Qri'v V:lt Ce gtesZ fHRt, F)VE & fu' '/ *'( f 'u '"''/'^ / "' (- rS a/, 34f I Vo,y / r ( r t a -t- r 'itffi {^'*tC*'*'n*n 0"!:"r 'ti,sL.e*XX,yyr l?P eqv ft',-Fl Co $el4 I OO EAGLECOUNT\T 551 Broadway Eagle,Colorado 81631 (303) 328:7311 June 29, 1987 Mr. l4ike J. Lauterbach Lamar Capital Corporation P. 0. Box 3451 Vai'l , C0 81658 RE: Grading Permit #3015 Dear Sir, As of today, we have not soil s report. seen any engineer reports for the subsurface As we have d'i scussed in the past, the structural materia'l placed in borrow form was to be replaced as to the road construction specifications. All road construction shall be done to the specificat'ions approva'l at the t'ime of pennit approval . Engineer testing and reports are requ'ired prior to final approval . It is your responsibi'l 'ity to call our office for a final inspection after all of these matters have been completed. S i ncerely, Gerald Best, Bu i'ld'i ng Off i c'ial Treasurer P.O. Box 479 Eagle, Colorado 81631 GB/eh xc: Town of VaiI LarrY Metternick Susan Vaughn Mike Mollica Files Enc I osure Board of County Commissioners Assesor P.O. Box 850 P.O. Box 449 Eagle, Colorado 81631 Eagle, Colorado 81631 Oerk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81631 oo oo INTEP.-DEPARTHENTAL RIVI El^l PROJECT: DATE SUBMITTED: fuo f,4+- CCI"f4ENTS NEEDED BY: BRIEF DESCRIPTION OF T PUBLIC I{ORKS Reviewed by: Com:nen'r.s: -4 Date /- {'Q t' 6L PROPOSAL: DATE OF PUBLIC HEARING .)-.-_*_J . -\- {r$ \A .v*\'r v ,s'd \$ ) Date FIRE DEPARTMENT Reviewed by: POLICE DEPARTI4ENT Reviewed by: Connents: Date '{i, RECF:iATiON DEPARTI.IiNT Rev i ewed .by: Co;--uents: Date J.P. Edrington Sales Associate VailOBeaver Creek RESORT REAL ESTATE A srb.idiary of Vail Assdiaas, lnc. Post Office Box 7 o Vail, Colorado 81658 t 3O3/476-j393 Denver Line: 303/6214925 Rcsidence: 3O1/ 476-2754 G -t r-t/ . .';-;..2-.' " * ^i r;t a--T- a-r -.' ^/t-r<. .--'.,' .._ i r:.4l.4...i," t <tzl>Ut . j-r_tl -*,/ ." i , )- -r... ':- " i e!..tcru,' ^:i_,,t- , 't.t-,.-1.-y'i_, ,J^A,-.;^;-,i' .''.,*,-,-{l l4y"aJ}{4| ) ",^ !:7 &'*, ++€ '=;:-,--;i. + *l -;-''u,t f, 3,t .t/;,.'r. ,.i a'-',,[*.'4"''^-ta, *,it--u ,l:; :icr,<;r,r +rl iri_ @_t {:itz-e,( *-* u: -!.x_i , - L*, -o I E! C APPLICATION FOR MAJoR suBDIVISIoN REVIEI,, (F,'^*t 4*) (more than 4 lots) A NAME OF MA ILiNG APPL ICANT (.^-. Ctp,\lt/ Co. ADDRESS P.o. 6ox 3451 Cc PHONE 4fC-6?44 a NAME OF APPLICANT'S REPRESENTATIVE la-lonl *c- L MAILING ADDRESS P-.t&t 34d/ Vet'/, Ct trrCtB PH}NE 476,6q 4+ c.NME OF OWNER'S MA IL ING PROPERTY S IGNATURE 0WNER ( v-P PH]NE (76-614 P.a. 4-* 315/ADDRESS LOCATION OF PROPOSAL LOTS Va.'/ Co 6/C 5 / t'oe, ' 5 4',(..5"r /. /7s v.r/z . Ptteefr BLOCKS SUBDIVISION BLOCKS SUBDIVISION LOTS E. FEE $t 00. 00 INCLUDE a Ijst of all adjacent property owners and their mailing addresses. SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEI,J CRITERIA Submittal requirements, review criteria and the approval process for major subdivisions can be found in Chapter 17..|6 of the Subdivision Requlations. rl PAID 6/zcl31 -fr 2o rr ------7-.-..|-L a-t-^- (r',- ( F. CONSULTATION REQUIRED The fjrst step is to request a meeting wjth the zoning adminjstrator to assist in meeting submittal requirements and give the proposal a prel iminary review. lJ. H. ***MEMORANDUM*** TOI FETER PATTEN J /FROH: I'IIKE HcGEE //// FIRE MARSHAL,/ DATEr JUNE 22, I9A7 REr ELH f"4EADBWS ********** I wanted to respond in writing to the I n terdep artmen tal item on the agenda {or today'g meeting regarding Elk l'leadows and the PEC, DRB and TE's comment that the west fire department turn-around is excessive. First, it ehoul d be noted that the requirement {or a tttrn-around ie a minimurn code requirement. A copy of the code section is attached. Second, Mike Lauterbach was advi sed o+ this requi rement over a year ago, prior to the deannexation o{ tl"re Val1ey, prior to his submittal to the County, and again prior to his eubmittal to the Town o{ Vail. He hag not requested an appeal , a variance or additional in{orrnation {rom the Fi re Departrnent di rectl y. You ghourld be advieed that he did aek me i{ I wouldr on his behalft object to the four parking epaces immediately west o{ the turn-around cul- de-sac. When I agked why I, as Fire l"larehal , shoul d object, he adviEed me that Kristin Fritz had required these spaces be separated from the cul-de- sac. The Fire Department does not object to combining the turn-aroutnd ag required by UFC 10.107(h) with the reqcrired par[,:inq, nor do we object to alternative designs for the turn-around, In as much a;i we do not "detign"{or developers, we cannot dictate the exact con{iguration r but we are open and willinE to rnake suggesti on6 as to other con{igurations that have proved worl.iable in other projects. Assistant Chie{ John Gulick and I went to the site again this morning and viewed the site on {oot. We {eel the need for a turn-around point is essential , given the length o4 the dead end road, the grade and the rerverser angle entry that we would be required to drive the apparatus throutgh. Witholrt the minimnm turrn-arolrnd point as required by the codet we would have tr: back the apparatlts t-tp a grade with a slight curve for a distance o{ approxirnately 36O {eet. This iE not advigable Eiven climatic concerns, safety igeueg and commonl y recogni eed sa{e drivinE practices. We are available to meet with your and/or Mr, Lauterbach to resolve thiri i ssue at your convenience. BANNEtrl June 18 | t9A7 l"li chael J. Laurterbach F.O. Box 3451 Vail, C0. 81658 RE: Elk Meadows Subdivision Rockfall Dear Mr. Lauterbach: In response to one of the issues raiged in the CoIIins letter, I feel very confortable with having no mitigation for potential rockfalI into common, oFen space areas within the proposed developrnent. Typicall.y, the intent of open areasf as long as there are no pErmanent communi ty structureg such ag of f ice:; or meeting places, is to provide space {or gravity related geologic phenomena to occLrr with no damage to structures, and minimal chance of exposurre to personal injury. When I prepare a report for clients owning, for instance, a one dcre parcel for the clevelopment of one single family regidence, the site is either located away {rom a haland,including perhaps rockfaIl.' or mitiEation techniques are empl oyed to direct any potential geo!.ogic occr-rrrence around the homesite into the open spsce. This is the most prudent approach r as we cannot protect every square foot of property and still live in the mourntains. I hope I have adequately addres=ed this parti cutlar contreFn,Fleage contact me if therre are further uuestions. 5i ncerel y, SANNER ASSOCIATES, BANNER ASSOCIATES, INC, CONSUUTING ENGTNEERS & ARCHTTECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION, CO 81506 e l3(J3r 243-2242 ItlL,/cl tl Nicholas Lampiris, PhD. Froject Geologist BANNER ASSOCIATES. INC. CONSUUTNG ENGINEERS & AACHITECTS SUTTE 5, 605 EAST MAIN ASPEN, COLORADO 8l5ll ' 803) 928-sBS? Project Application Proiect Name: Proiect Description: Contact Person and Owner, Address and Phone: Architect, Address and Phone: I Legal Description: Lot Comments: Filing Zone - Design Review Board """ d/,Yo rlielq_ o* Yiva APPROVAL J - Motion by: Seconded DISAPPROVAL ^,t\ 4tl1t,F Date: D statt Approval irnportant that the visual continuity of the development be established prior to construction and that controls be put into place that ensure that the project lrill be developed in a architecturally compatible style and with compatible building naterials. To acconplish this goal, the owner has developed a protot,ypical building design as well as specific design guidelines for the site. The olrnerrs intent is that these guidelines be adopted as a condition of approval and that they be utiLized along with the Town of Vail Design Review Guidelines to provide tbe necessary visual continuity necessary to provide both existing and future residents of The Valley with a pleasing visual experience. A Eomeowner's Association will be forned and, a1?Il9 with the Tgwn of vail,lb will be responsible for enforcing these Design Guidelines. A copy of the Declaration of Protective Covenants for the Subdivision are contained within the Appendices of this Repo rt. fhe prototypical building site plan and building elevations are shown in Figures 4-9. The Design Guidelines are proposed to be as follows:. . 11qu,n\o"r{vrn-oftu^d {Yde{n Roof pitch IS .l Ir 2. Roof rnaterial be either in color. [o"l-tt6\ ilod'g rm* ;-Hhi-&t"o'&,^, #+.^ Siding naterial shall be either cedar or redwood and shalt be applied horizontally as indicated on the prototypical building elevations. only light colored stain shall be applied to siding. Either stucco or siding shall be applied to exposed concrete foundation waLls' If stucco is utilized it shall be light in color. AII windows shall be white metal clad ndows. san lconies shall s\ruct 2X t2 ilinds and that are lea ll Alt roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings from rain and snow and to contribute to the buildingrs character. Proper inplementation of these guidelines, iD addition to the Town of Vail Design Review Process can provide the review and control to nitigate any negative visual irnpacbs which might result. 3. 4. ed at in1i 7. a ! I I |l i ;, l7 o 6ltE Jt 2 =ETEA€K LJNE. '* €+nu J'-Il2l?AGr A{ZEA_ ,,.4odqo + @trutt,zt\+./ '"sltE rs 4 !o c a m $. 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UUU it il ;i .ffib^l, Ada, r\ , , .( \,,, t rr,ill... boul$r w\*rul il \\oaNA[ 'tA li ; ti lf I i :i l: i! lt i, ri i' 11 ll it ri ri ;l I o o ELK MEADOWS CONDITIONS OF APPROVAL l-. The development of each building envelope will comply with the environmental impact report, especially the design recornmendations cited by Mr. Dan Pettigrove in a letter concerning design rnitigations for rock fall hazards. Each individual owner will be responsible for completing the rockfall rnitigation measure per the Pettigrove letter. Studies will meet the standards outfined in Section L8.69.o52 of the Town of Vail zoning code. 2. The proposed preliminary landscape plan and design revi-ew guidelines will be reviewed by the Design Review Board for their approval before final plat submittal. 3. The applicant agrees to revegetate the access road if a building perrnit is not received and acted upon to cornplete the general subdivision improvements by September 1, 'W1' 4. The declaration of protective covenants for the Elk Meadow Subdivj-sion states that design guidelines may be adopted. The staff would require that the wording be changed to state that design guidelines shall be adopted. The full paragraph would read: ItGuidelines for the developrnent of the building envelopes and tracts shall be adopted by the Cornmittee, which shall, among other thi-ngs, interpret and/or i-mplement the provisions of these protective covenants. Guidelines may be amended from time to tirne with the rnajority vote of approval from the Committee and approval of the Town of VaiI Design Review Board. The guidelines will be available from the chair of the Design Committee and Town of Vail Community Development Department. rl 5. The following engineering inforrnation will be submitted to staff by June L5, L987. a. The revised master drainage plan. b. The preliminary plan will be revised to show the new turn-around dimension on the west end of the property. c. The road plan will have an engineerts stamp. The preliminary plan will be adjusted for square footage totals due to the removal of the four " guest parking spaces on the west end of the proj ect. d. A letter from Nick Lampiris will be subnitted to address the rock fa11 design requirements. A graphic is suggested.e. Gas line and fire hydrants will be indicated on the utility plan in the appropriate areas. o For information purposes, the staff would l-ike to note that the major subdivision regulations require the completion of general improvements for the subdivision as outlined in Section l-7.1-6.150 to be installed within four years of the date of PEc approval or the plat shall become instantly invalid. Al1 right to improve or develop the property on the part of the owner or subdivider shall thereby be relinquished. This requirernent is stated in Section L7.L6.330 of the vail subdivision Regulations. ft shall also be noted that in respect to SDD approvals' the applicant must begin construction of the special development district within l-8 months fron the time of the projectrs final approval according to Section L8.40.L00 of the Tovm of Vail zoning Code. ''!I ORDINANCE NO. 19 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOI{,N AS SDD NO. 16, ELK MEADOWS) AND THE DEVELOPMENT PLAN IN ACCORDANCE },IITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vai1 Municipal Code authonizes Specia'l Deve'l opment Districts within the Town; and WHEREAS, Lamar Capital Corporation has submitted an application for a Special Development approval for a certain parcel of property within the Town known as The Valley, Phase III, part of Parcel A, L'ion's Ridge Subdivjsjon Filing No. 2 to be known as Specjal Development Djstrict No. 16; and t,|HEREAS, the establishment of the requested SDD and coordinated development within the Town of Vail area in which it is situated; and WHEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and vjsitors to estab'lish such Special Development District No' 16: NOi{, THEREFORE, BE IT ORDAINED 8Y THE TOl,tN COUNCIL OF THE TO|I|N OF VAIL, COLORADO, THAT: Section l. Amendment Procedures Fulfilled. Planning Commission Report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fu] filled, and the Town Councjl has received the report of the'PIanning and Env'ironmental Commission recommending approval of the proposed development plan for sDD 16. Special Development District No. 16 (SDD No. 16) and the development plan therefore, are hereby approved for the development of Phase III The Va1 ley' part of parcel A, Lion's Ridge Subdivision Filinq No. 2, within the Town of Vail consisting of 3.6 acres. Section 3. Purpose Special Development Distrjct 16 js established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the fown Council and meets al 1 design standards as set forth in Section 18.40 of the 16 will insure unified and in a manner suitable for the ( Municipal Code. As stated jn the staff memorandum dated June 8, 1987, there are significant aspects of Special Development District 16 wh'i ch are difficult to satisfy through the imposition of the standards of the Residential C'l uster zone district. SDD 16 allows for greater flexibjlity in the development of the land than would be possible under the current zoning of the property. In order to help preserve the natural and scenic features of this site, building envelopes will be established which designate the areas upon the site in which development will occur. The establjshment of these bu'i'l ding envelopes wjll also permit the phasing of the development to proceed according to each indjvidual owner's ability to construct a residence. SDD 16 provides an appropriate development plan that maintajns the unique character of this site g'iven the djffjcult site constraints which must be addressed in the overal 1 design of the project. Section 4. Development Plan A. The development plan for SDD 16 is approved and shall constitute the plan for development wjthin the Specjal Development Djstrict. The development plan is comprised of those plans submitted by Lamar Capital Corporation and consists of the following documents, which wi'l I be finalized at the major subdivision final plat review: 1. Elk Meadows Subdivjsion Phase III: Preliminary Plan Building Envelopes and preliminary utility pian, Phase III The Val'l ey, February 23, 1.987, l4r. Lee Lechner, CoJorado Registered Land Surveyor Elk Meadows Subdivision Phase III Access Road Design Drawing, John MacKowen, Surveying and Engineeri ng, Inc., June 5, L987 FINAL Landscape Plan, E'l k Meadows, Phase III, Mr. Dennis Anderson, Associates, June 30, 1987 Elk Meadows Subdjvision Phase III preliminary drainage plan, Mr. Don Pettigrove, P.E., June 1987 Environmenta) Impact Report submjtted by Mr. Peter Jamar, Associates, Inc., May ll, 1987 which includes Design Gujdelines, Rockfal1 Mitigation requirements, and a preljminary utjlity plan. The following letters are also part of the EIR: a. Letter from Mr. Don Pettigrove, P.E- to Mr. Mjke Lauterbach, June 12, 1987. Re: preliminary drainage plan/geologjc hazard mit'i gation Eik f{eadows Subdivision 2. 5. 4. 5. I b. Letter from Mr. Nicholas Lampiris, PH.D, to Mr. Mike Lauterbach, June 15, .l987 Re: Elk Meadows Subdivision, Rockfall c. Letter from Mr. Don Pettigrove, P-E. to Mr. Peter Patten, June J.6, 1987. Re: E'l k f'leadows Subdivision Phase IIi, drainage d. Letter from Mr. Nicholas Lampiris, PH.D, to Mr. Michael Lauterbach, June 18, 1987, Re: Elk Meadows Subdivision, Rockfall 6. Other general submittal documents that define the development standards of the Special 0evelopment 0istrict. B. The developnent plan shall adhere to the following: l. Acreage: The total acreage of the site is 3.6 acres. 2. Permitted Uses: The permitted uses for the site are proposed to be: a. Single family resjdential dwellings b. Two-fanily residential dwe11ings c. 0pen space d. Public and private roads 3. Conditional Uses: a. Public utility and public servjce uses b. Public bu'i Idings, grounds and facilities c. Public or private schools d. Publjc park and recreation fac'i litjes e. Ski lifts and tows f. Pri vate clubs S. 0og kennel 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customari 1y incidental to single- family or two-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190; c.Other uses customari'ly incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; d. Horse grazing, subject to the jssuance of a horse grazing permjt jn accordance with the provisions of Chapter 18.58. 5. Parcel Acreages and Uses a. BuiIding Envelopes 1. .07 acres, 1 single family unit Z. .07 acres, 1sing1 e fami'ly unit 3. .06 acres, I single family unit 4. .05 acres, 1 single family unit 5. .10 acres, 1 duplex unit 6. .08 acres, 1 dupl ex uni t 7- .05 acres, 1 single family unit b. Tract l: 2.467 acres open space c. Tract 2: .6927 acres private access road and parking 6. Setbacks - Minimum setbacks for the.l ocation of structures with relations to building envelope perimeter lines shall be as follows: a. No structure shall be located on the utility easement as so designated on the final plat of the subdivision. b. No structure shal 1 be located less than two feet from either the east or the west perimeter line. c. No structure shalI be located less than three feet from the north perimeter I ine. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter lines of the building envelope. 7. Density: Approval of this development p'l an shall permit nine (9) dweljing units which includes 5 single family units and 2 duplex units. A buildjng situated on a sing'l e unit residentjal bujlding envelope shall not contain nore than 1,777 square feet of GRFA; a building situated on a two unjt residentjal bujlding envelope shall not contajn more that 3,554 square feet of GRFA. 8. Building Height: Building height shall be 33 feet for a sloping roof. 9. Parking: Two parkjng spaces shalI be provided per unit with one of the two spaces being enclosed. 10. Landscapinq: The area of the s'i te to be landscaped shall be as indicated on the preliminary landscape p1an. A detailed landscape plan shall be submitted to the Design Revjew Board for their approval . The Design Review Eoard approved final landscape plan shall represent the general subd'ivisjon's landscape requirecnts. The entire portion of the buildjng envelope not covered by pavement or buildings shall be landscaped as well as any areas outside the building envelope disturbed during construction. 11. Design Guidelines: The Design Guidelines shall be submitted to the Design Review Board for their approval . The DRB fina) design guirleljnes shal 1 represent the approved des'i gn guidelines. Design guidelines for the site are as follows: a. Roof pitch shall be.BETWEEN 4 feet in 12 feet AND 6 FEET IN 12 FEET. b. Roof materiai shall be METAL STANDING SEAM OR A METAL STAMPED CATIFORNIA TILE F0RM and be ejther charcoal grey or DARK NAVY blue jn color. c. Siding material shall be either cedar or redwood and shal 1 be applied horjzontally as indicated on the prototypica1 buiIding elevations. Only iight colored stain shall be applied to siding. d. Either stucco or siding shail be applied to exposed concrete foundation wal Is. If stucco is utilized, it shall be light jn color. e. All windows shall be white metal clad windows. f. AlI roofs shall have overhangs of at least I foot in order to protect walls and wall openjngs from rajn and snow and to contribute to the buj'lding's character. 12. Recreation Amenities Tax:The recreation amenities tax is $.30 per square foot. 13. Protective Covenants: Prior to major subdivision final plat approval , the developer shall fjle protective covenants on the land records of Eagle County which will provide that each owner that builds a structure on a designated building envelope shal1 comply with the design guidelines and rockfall mitigation requirements as outlined in the EiR by Jamar Assocjates May 11, 1987. Copies of the guidel ines and mitigation requirements sha'l I be available to prospective purchasers at the Community Development Office and Developer's office. The covenants shall also state that an owner may choose to have another qualified engineer,/geo1 ogist design appropriate rockfal1 mitigation measures, as long as the mitigation solution does not have negative visual impacts and is approved by the Town of Vai'l Community Development Department and Town Engineer. The covenants sha'l I also provide in regard to the covenant dea'l ing with o design guidelines and rockfall mitigation that the Town of Vail shall have the right to enforce the coyenant and that the covenant may not be amended or deleted without Town of Vajl approval . The protect'ive covenants shal'l be approved by the Town of Vaii Attorney, prior to major subdivjsion final plat approva'l . Section 5. Amendments Amendments to the approved development plan which do not change its substance may be approved by the P'lanning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendnents which do change the substance of the deve'l opment plan sha11 be required to be approved by Town Councjl after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development p1an. Section 6. Expjration The applicant must begin construction of the Special 0evelopment 0istrict within 18 months from the time of its final approval, and continue diligently toward completjon of the project. If the applicant does not begin and diligently work toward the compietion of the Specia'l Development District or any stage of the Special Development 0istrict within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District. They shal 1 recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Specjal Development District be amended. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shalI not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordjnance, and each part, section, subsection, sentence, c'l ause or phrase thereof, regardless of the fact that any one or more parts, sections, subsectjons, sentences, clauses or phrases be declared invalid. Section 8. The repeal or the repeal and reenactment of any provisions of the VaiI Municipal Code as provided in this ordjnance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof" any prosecution connenced, nor any other action or proceeding 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 repealed or superseded unless expnessly stated herein. INTRODUCEO, READ AND PASSED ON FIRST READING THIS !q!!day of June 1.987, and a public hearing shall be held on this ordinance on the 16th day of Municipal 0qne__, 1987 at 7:30 p"m. in the Councjl Chambers of the Vaj'l Building, Vai1, Colorado. Ordered publ ished in ful1 this 16th INTROOUCED, READ AND APPROVED ON in full this 7th SECOND day of READING AND ORDERED PUBLISHED lglv , te87 - Kent ATTEST: Pamela A. Brandmeyer, Towf Clerk ,fune 16, 1987 E}ANNEFl Mr. Peter Patton Town of Vail 75 South Frontage Road Vail, CO 8L657 Re: Elk Meadows Subdivi-sion (The Valley)r Filing #2r Phase rrr BAI #8095-05 Dear Peter, I am writingl as you regueeted, to clarify our opinion regarding the anticipated inpact of this development on the storm flow into the adjacent property to the west. The peak design flow through the meadow area for a storm of I0-year recurrencer is only 8 cfs for a total basin area of some 178 acres. The total surfaced area of road is approximately 0.9 acre with an area of about 0.5 acre established for the building envelopes giving a total of approximately 1.4 acres of the total 178 in wbich the drainage characteristics will be altered by this development. It is our opinion that any change in peak flow generated by this development 16 beyond the accuracy of the methods uEed to calculate flows such as this and therefore can not be accuratel-y evaLuated. The transnission of flows through the site will be altered by providing a more clearLy defined drainage path although slightly more circuitous. We believe the two wiLl offset and the travel time through the site will remain virtually the eame as current. the quantity and point of discharge from this property will not change from existing conditions and as a result should have no adverse. impact on the adjacent parce3.. Should you have any further guestionsr please do not hesitate to call. SincerelyT BANNER ASSOCIATES, INC. Donald G. Pettygrovef P.E. DGP/x]'g cc: Mike Lauterbach BANNER ASSOCI,ATES. INC. CONST'LTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JI.JNCTION, CO 81506 . 13031 2tL3-2U2 TO: FROM: SUBJECT: ln.t hC\\,utno The Town Council Community Development Department A request for the rezoning of the Valley phase Three fron Residential Cluster to Special Developnent District with underlying Residential Cluster zoning.Applicants Lamar Capital Corporation. June l-6 , L987 DATE: The applicant,s request actually involved two planning commission actions: 1. The review of a preliminary plan for the major subdivision request. 2. The review of the special development district zoning request. The Town Council is not required to review the najor subdivision request unless the Council wishes to call up the planning commissionrs decision. However, due to the fact that the rnajor subdivision request is so closely tied. to the special development district, the staff feels that it would be helpful to review both requests at the same tirne. The Community Development Department recomrnended approval of both the major subdivision and SDD with conditions. The applicant is proposing a rnajor subdivision and sDD on phase 3 of the Valley. The parcel is 3.6 acres and would be divided into seven building sites or envelopes. Five of the envelopes wourd arlow the construction of single farnily dwerlings and two envelopes would al1ow construction of duplex residences. A total of nine dwelling units is proposed for this phase. This project was originally developed under Eagle County at which time Phase 3 !'/as allowed L6,ooo sq ft of GRFA and a total of LO dwelling units for the entire development. When the project was annexed into the Town of Vail in L99O, the GRFA and number of units were accepted by the Town. In L9g1_, the Town applied Residential Cluster zoning as the underlying zone district guide for the parcel. The Valley was deannexed from the Town of Vail in l-985 and subsequentty reannexed in May l_986. The Plannin Commission revi approva an . A motion to approve 987 ,trict rnajor subdivision was rnade by Ms. pam Hopkins and leconded by Mr. Sid Schultz. The motion for approval included the staff conditions and was predicated upon the approvar of the special Development District. The vote was 3 to L with Mr. J.J.corlins voting against the request. The speciar Developrnent District was reconmended for approval in a motion by Mrr Sid Schultz which was seconded by Ms. Pam Hopkins. The vote was 3 to L with Mr. Collins voting against the project. I{r. J.J.Collins felt that more specific information was needed on the rocl< fall nitigation that each owner would be required to complete. In general , his opinion was that the developer should be responsible for the nitigation. He was also concerned about the rock fall hazard between the buildingt envelopes. He felt that the rock fall could effect the private access road and parking areas. Please see the enclosed letter from Mr. J.J. Collins which clearly explains his position on the project. The Comnunity Developrnent staff, Town Attorney, and applicants had a meeting after the Planning Cornmission review in order to clarj-fy sone requirements on compliance with the rock fall nitigation.requirements. It was agreed that the development of each building envelope will conply with the environmental inpact report, especially the design recommend.ations cited by Mr. Dan Pettigrove, and Mr. Nick Lampiris in revised tetters concerning design nitigataion for rock fall hazards which will be submitted to the staff on June 15, lgg7. The revised. letter wi.ll-be presented to the Council at the evening meeting. The applicant has also agreed to include in the covenants ior the Elk Meadows subdivision the reguirement that each ohrner shall cornplete the design rnitigation work for rock falL hazards. The staff is also,willing to waive the condition that a g'as line be.provJ-ded in the subdivision. The major subdivisi5n regulations in section L7.L6.150 state that a naturar gas rine is required unless otherwise waived by either ttre Zoniig Adninistrator, Director of public works, planning cornrnj-ision or Council. Due to the fact that electrical is available, staff felt the gas line could be waived for the subdivision. - BANNEFl Jurne 15, L9AT Flichael J. Lar-rterbach P.0. Bo:r 3451 Vail, trO. Sl6Eg RE: El k l'leadows Subdi vi si on Roch:f at I Dear l,lr. Lauterbach: I have re'i ewed the reports prepared the week ending June 12,1987, by Don Pettygrove, crur structural engineer., concerning the roc[,:{al 1 mitig.rtion {or the El!: r'teadowi sr-rodivision. As previoLrsly rnentit]ned, potential rockfalI into this sitrl r.li I I be very i nf requrent over the years, but this type of nitigation is sti I I prudent I{ the engineered design criteris presented by Don F,ettygrove in his abpve re{eFenced report is {oI lor,led, tire rocF;{al I harard to ccc*pantg within structureE to be located within EIk Meador'ls subdivision l.li r r be minimired. Further, i* the recommencled engineering is accompl ished dutring the constretcti on of structltres Lrpon the propoged buri lcling envelop{!s r there should be no increased ha:ard to other property or strlrcturEsf or to pr_rbI ic br-ri IrJings, r-oads,streets, right-of-wayr easements, r-rtilities or facilities.If yor-r have any further questions, please do not hesi tate to contact ursi. 5i ncerel y, dnNNEn AsgocIATEs, INc. ni -/t'4 -/ lU.,/,aft,t - i.-ga"j '0 Nicholas Lampiris, FhD.Froject 6eologist BANNER ASSOCIATES, INC. CONST'IXING ENGINEERS & ARCHITECTS SUNE 6, 605 EAST MAIN ASPEN, COLORADO 81611 .{303) 92S-58S7 BANNER ASSOCIATES, INC. CONSTILTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCnON, CO 81506 . (303t 243-2242 t 1 .t June 12, L987 Drainaqe Plan EANNER t'lr. l,tike Lauterbach P.O. Box 3451 Vai1, CO 81658 Re: Preliminary Drainage plan,/Geologic Hazard Mitigation Elk Meadows Subdivision - tion'i nl,dge Subdivilion (The Valley), Filin9 #2, phase rrI - BAI #g095-05 Dear Mike, - r have reviewed the revised roadway drawings deveroped by John MacKcwn as r.rell as the preliminary plan deveioped by iagle-valley Engineering with respect to the existing and -prop6sed- drainag3 conditions. we have developed"the encJosea prltiiinary orainaie Plan from the grading contouis provided by John MacXown. The existing drai-nage path through this valley carries the runoff of approximately 1?8 acres. ine peak flow from this area (as previously submitted) is calculated at g cubic feet per second.The. flow through the drainage path is generally wide and shalrow wj-th velocities of less than five feet per sec6na. The construction of this subdivision wirl separate an area of approxirnately 0.84 acres north of the access ioad from the main IJgt pattern and recombines the flow from thes" iro areas at the 18, CMP culvert located at Station 1+65. Any i"""=" walks to the buildings on the north side shourd have an t6,, cMp or equivalent in order to a11ow for the passage of flow to the west. The maximum flow from the smaller area is 2.0 cubic feet per second for which the mini-mum 1g" culvert is more than adeguale.The maximum flow (8 cfs) along the sout.h side of the roads will be adequate'ry translni-tted by the typical- ditch section in all areas except the small, four car parking area at the extreme hrest end- rt will be necessary to instalr-approximaiery 55 lineal feet of 18" cMp at this lblation in ordei-to -onvey tne surface etaters beneath the parking area and avoid forcing them onto the adjacent property. The 1g" cMp will carrv tire-irhl g cfs with a neao$rater,/diameter ratio of less than I.5. It is my understanding that aI1 areas of t,he site, except the sgYel building locations, will be dedicated to open space uses which will include use for surface d.rainage. ghis'will eliminate the need for any specific drainage easement. BANNER ASSOCIATES. INC. CONSULTING ENGTNEERS & ARCHTTECTS 2777 CROSSROADS BOULEVARD GRAND JUNCIION. CO 8l5OG . t313t 243-2242 Mr. Mike Lauterbach ilune 12, 1987 Page Two Natural Sprinqg BANNER During ,the geological trazard investigation, the site was thoroughly inspected with no signs of -naturar water springs appearing on the ground surface. Any marked increaie in vegetation in isolated areas would indicite the likelihood of natural springs. None of these indicators were observed. Ground Water Tlt" Preliminary subsoil and Geologic rnvestigation prepared by Chen and Associates, Inc. in llai Lg72, indicated that no free water was observed- in any of the lo test pits excavated. The primary drainage channer is an intermitt"rri "it..-course without significant year round flow. Geologic Eazards_ Mitigation with regard to the recommendations_ made in my letter of February 23, 1987 for the rniti.gation of the geologii rockfarl hazard, i offer the following claiifications. My recommendation for a six foot vertical height of wall exposure on the north side is a minimum and refers to the rein-forced.concrete wa1l with timber impact absorption. rf watls on the loTtlt (uphill) side are to be taller than the minimum 6 feet height, then they. shourd be capabre of withst.tai.rg a 2000 poorrd Ipr"?: _although the structure ibove the six foot level and below the 10-12 foot level, recommended by ur. r,ampi;i;,-;;;; ;;; il-;;concrete or have the timber impact absorptiin. The difference bei-ng the freqrgncy. of anticipated rock hits and subsequent damage. Below the-six-foot heilht, more f.el"""t stri.kes can be expected for which damage should be minimal. 'Abov" six-foot to the l2-foot ievel, roik strikes can be anticipated but need be protected against significant structural damage only. rf a roof area wirl be constructed with uphilr exposure, that portion below the 1o-r2 foot height and ablve irr" e- foot height should be designed to withst,and the zooo pouna--impact force -as 'we11- Reference is rnade to the attached sketches for the areas of consideration. The heights discussed above are rerative to the naturar ground elevation at the uphi11 extreme of the structure and projected along the slope , not at the edge of ,""ar"iy.---- Mr. Mike Lauterbach June 12, 1987 Page Three cc: BANNEtr The terraced floors to which I made reference in my earlier correspondenee was intended to alrow for offset floor elevations in order to provide buildings which better fit the natural slopes of nearly 2:1 in places. Should you have any questions please feel free to call. Sincerely, BANNER ASSOCTATES, INC.\\ (-\\ (\r /'\") ^,\o-.^-,\6tJ=s .\ t+FEv=-.- Donald G. Pettygrove, P.E.Colo. P.E. #16543 DGP/rIg Encl: 14 copies - Preliminary Drainage plan & Geologic Hazard Mitigation Kri-stan Pritz - Tortrn of Vai,l t ct4t fu-r$ tr s z t' 4 0 t m N 'l 1 r *; nr( E r? ila dy hi vz / e s\ fh F +) ) ;, w m N il all \ -'l o t' F- L x \ d tt' ,0 d' gd qi -t \L h u V / Tt\# rF fit il,Y",h ?o \ [enFq , h$ Yi ni9[ yi, t b[d b'tu L fh" / a\i /;f4, .---J \/i $$ I ilp 1 ? v I t IJ\ dr - ---------t" l$J\I v []\ .t n\ t{H tb Ie cn d. I a4 t{ nK X n,rlu R>t)7 l-'T v-t'rn I'J -Y ) g. L t P 't J .t/\ 11 June 1987 Kristan Pritz Comnun ity Developnent Department Town of Vail P.O. Box 100 Vail, CO 81658 Dear Kr istan: After reconsidering the June 8th PEC hearing regarding the Elk Meadows application, I would like to reitelate and expand on some of my concerns. The principal fact regarding this property is that it is affected by a high rock fall hazard in a geologically sensitive area. 'rAs indicated by the Town of Vail Rockfall Study the site is located within a high severity rock fall area." (Ufn p. ff) The applicant has elected to implernent a development s cheme which substantially reduces his responsibility for having to deal with and provide for mitigative structural considerations since he is developing sites only, not residences. The majority of responsibility would thus fall on each individual owner for both assessment of the hazard and mitigative work to protect against the hazard. I think this is / /\ inappropriate. The developer should continue to bear the maj or.ily of_ hi resir;-"iurttv tuG-E!'rn E-Eis -puriEs€r -s regarding the i-azefr-nd-rhe - means by which it caq anrl uust be rniti.gale{. - .-=-____:_ _- In my opinion, prudent consideration of the hazard should require the developer to more thoroughly assess the hazard risks and provide each homes ite purchaser with detailed recolunendations from competent engineering consultants regarding the hazard and the means necessary to mitigate against it. I believe the developer of a subdivision such as this would not be providing for the health, safety and well being of the subdivisionsrs residents if the responsibility for this action were sirnply passed on to each individual resident. A more cohesive and controlled approach is necessary. There is at least the implicatio_n in The approvals that a single developer would and construction of improvements in The evident in the SDD regulation. The rock requirement, not an implication. some general comments regarding nitigation. However, the developers graphic examples of those recomrnendations are inconsistent and nisleading.(EIR, Figures 7 & 8) I believe it should be the develooerts responsibiliLy' not option, in this sDD application to provide purchasers D with qpec_ific- dgg-ign rejomn-e-4det ions . to proVide purchasers r believe this to be the intent of several sections of the Special @S!q"-ttq-D1=ltictlTovision. of the zoning ordin"n"", -ir,"rr.raing Sections 18.40.0_40 (c) qnd_.!!/!,9:0_(I)-:- Aw tla^.lt@. l<41r Va1 ley ! 5 o=i.giaal-zoaiug be rqsonslb,le loq the su!d-i,v_!g.r-9n Valley. Thls s4rne -iqpJfgglr_en is fall hazard makes this almost a The developer has provided some general direction in this regard which, in my opinion, is insufficient to the hazard involved. The February 23, 19g6 retter from Mr, Pettigrove confirms the existence of the hazard and nakes The ErR is too limited and therefore flawed and unsuitable to supoprt the appJ-ication. The information presented by the applicantts engineers begins to address these issues but does not provide the level of information required by a purchaser to make a reasonably informed decision to purchase, nor does it provide enough information for the construction of a safe residence. The applicantrs elamp 1es canlqilqg_d _1J! lbc_EIB_Arg totally inappgopriate. This.indicales _to rag a ll_rqq!L!__qhlgggb,' gp-p.oach.This approach has caused considerable qonfusjon .aod_ misund;rstanainE*E5- evidenced by the last minute changes requested aq{ subui.tted@r- app l_i_cant . In srmnary, I believe that because of the rock fa1l hazard, the developerr s responsibility to both the Town and the subdivisionrs future residents should be increased and remain more in his control with respect to arlowable residential design and the requirement to mitigate against the rock fa11 hazard. This responsibility should not be lessened or decentralized to individual owners. Please consider the following suggestions: If this application is submitted to the Town Council,the Council should refer it back to PEC for additional review. The application and EIR are too substantiallv flawed and call into question the circumsEances surrounding the PECrs reconunendation for approval, T.,ast rninute changes to the application in the form of the E lk Mead ows C on d it i o n s' bT AD p roval:-nrem6i-arultun subm i t t ed t o the PEC mom€nt5-SefoEe'-Eliri-5-pp 1-i-EFi on was reviewed created confusion. Even l-ariv-nitwiEtr adnitted he was confused about what mitigalion measures the applicant r./as going to insta1l. I believe Larry thought the applicant was going to maintain that uat r.,tda.i- of.\s,The EIR should be revised to include a more definite description of the hazard, and its effect on the subd ivis ion . ,._ The applicant should provide several typical plans of \$y suitable structures which could be built in such a high hazard area. These sample plans should be clearly relevant to the consulting engineerrs reporr. , The applicant should provide detailed plans of mitigation structures which purchasers may then incorporate in plans for their residences. The detail plans should focus on uphill wall structures, strengthened roof structures, building materials, construction techniques, excavati.on desi.gns and any other appropriate design and construction methods currently available to mitigate the rock fall hazard. )n' 1^n6 ,,6!A11 the above information should be incorporated in ",Ct "Structural Design Guidelinesl separate from (u' rrArchitectural Design Guidelines. " \^Al These Structural Design Guidelines should be included \\'' in either the project declaration or in another convenant to run with the land. Perhaps the applicant should undertake a detailed hazatd assessment for each site, a detailed reconmendation as to mitigation measures for each site and rnake both an integral part of any sale to a subsequent homebuilder. This would further increase the developerrs responsibility to both the Town and each homesite purchaser . 1r'\ The applicant should be required to identify and -1r' '' J mitigate against the hazards in the subdivisionts conmon u area, i.e. spaces between the envelopes, the open space tract and the roadway. The Design Guidelines (pp. 16 & 17) area totally ^nq' inappropriate to the surrounding environment. Blue steel roofs, white clad windows and 2 X 12 railings are - not conducive to providi.ng "both existing and future residents of the Va11ey with a pleasing visual experience. t' -, The applicant should be required to install a guard rail '. along Lionsridge Loop for the protection of homesite owners from vehicles sliding off that road. The applicant should reconsider the construction of residences rather than the creation of a subdivision of homesites to facilitate maximum control of hazard mitigation. '},\t -3- Once again, the concern of rushing the application through the process rather than thoroughly studying it becomes evident. The applicant is siroply not prepared to ask for the PECrs consideration nor has the pEC been provided with sufficient inforrnation upon which to make a recomrendation - favorable or unfavorable - to the Council. The application has merit but is insufficient in its present condition. Just as important, we are now told that a similar approach nay be utilize on the Phase VI portion of The Valley. Itrs time to more thoroughly assess our responsibility with respect to development in hazard areas and the developerr s role ln such subdivisions. Thank you for your cons ideration. JC61lb -4- oo PUBLIC NOTICE NOTICE IS IIEREBY GMN that the Planning and Environmental Cornmission 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 June I, L987 at 33OO PM in the Town of Vail Municipal Building. Consideration of: l-. Application for a special de.velopment distri_ct and for a 7 najor subdivision review for Lionsridge Filing 2, The Valley, K Phase -IIf, to be known as Elk Meadows Subdivision. - Applicant: Lamar Capital Corporation 2. Request to extend an approvat for SDD No. J_4, Doubletree Hote1 , for an additional 18 months. Applicant: Vail Holdings 3. A request for a density control variance in order to enclose a balcony on the second floor of Unit 2, Capstone Towntrouses on Lot 2l_, a Resubdivision of Buffer Creek Subdivision. Applicant: Mr. Lee C. Rimel a oO 4' A request for a side setback variance and a density variance in order to enlarge an entry on IJot 6, Block 5, Vail Villaqe lst Filing. Appli_cant: Bud and Greta parks 5. A request for a conditionaL use perrnit in order to have a retait shop in the Mountain Haus r-ocated on part of Tract B, BLock 5, Vail Vit3-age First rilingr. Applicant: Daniel Allard The apprications and infonnation about the proposals are available in the zoning administratorrs office during regurar office hours for public inspection. TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT THOMAS A. BRAUN Zoning Administrator Published in the Vail Trail on May 22, Lsaz TO: FROM: Larry and Peter Kristan d^ji .^ A /t O l&N\ ^ Wl.uft. lIl I'-^,J1,, side of the building envelopes. However, this wa11 Lif fntttqnT\rr"cr.WX' would have been tocated in public right-of-way as n ^n./.,irn !'{ \^ t V opposed to the applicantrs property. This [tL luo ', dAi\$d a', p\\ r r.ru\\qoC\d^!q$ SUBJECT: J.J. ColLins' Ietter June 11, L987 DATE: June L6, 1,987 trThe developer should continue to bear the rnajority of responsibility to the Town and his purchasers regarding the hazard and the means by which it can and must be mitigated.rl OriginalJ-y, when the property was still in the County, the applicant was proposing to locate building envelopes that were l-ocated in the neadow and on the wooded hillside. A six foot high wall nitigation design that would extend in front of all the building envelopes on the north side was proposed. This nitigation would have been conpleted by the developer. The Town of Vail staff preferred to see the building envelopes located on the north side of the site to protect the meadow and wooded hillside. In order to a1low for the new design approach preferred by staff, it was necessary to look at nitigation for each individual structure. It is true that a wall could have been built on the north 'rThere is at Least the impJ.ication in The VaIIeyrs original zoning approvals that a single developer would be responsible for the subdivision and construction of improvements in the Val1ey. This \^f U opposed to the applicant's property. This rY){..' information was confirmed by Peter Patten on June 15, U\';r- l-987 h/hen he talked to Don Pettigrove, engineer for m\0 : the project. DoNval\{4mx ' . \\ _ ^.^)^,r HOWeVer, E,ne qeveJ.oper nas provJ-qeq a nrclgaElon pJ_an It)to*\grr. \,rtt^Lqntll\ and it wirr be required thrlush the speciai -d'.io,nn1*pq N :il:*:i:l'.fi1;':::;',lii;I"::1":;i:l"l;-il$ with rhe O rnO.i{iC AfuiOn.g61fitn-The major subdivision regs, environmental irnpact "- *'al'\- regts, and hazard ordinanee overlap somewhat in 0 nLlXqSd,^hq iil:':il:ll'l;= .'iH',3:'*;T";:?',ilui;r:i:i: ill' FQ4 N\\i9dj0u\. responsibie for all the subdiriision's rnitisition. r l\i .pnAlr,^nr. However, that was the original intent. jf \\ r\-] \-YvvX w\developer would be responsible for mitigation. However, the deveLoper has provided a nitigation plan - \Vf FbC\f\p}Jti rnitisation as proposed in_Don eettisto.r"i-" ietter '.r,,Rooonq$qnQ ;3:1ff ::;: i: l:i Xl5;,,;'::ili,:nl"i:l"i:n:l't"'i:' 2 sane inplication is evident in the SDD regulation.'1 f an not sure wlrat J.J. is getting at here. The Valley's orig:inal zoning nerely applied the allotnent of L0 units and 16,000 sguare feet of GRFA. The Valley was also aLl,owed to divide up into phases and sell off each phase to different orrrners, so I do not understand why he is saying that a single developer would be responsible for all the irnprovernents.Certainly within each phase it is clear through the rnajor subdivision regulations, that the developer is responsible for doing the general inprovements as fisted in Section L7.L6.15O of the sub regs. rrl believe it should be the developerrs reponsibility, not option, in this SDD application to provide purchasers with specific design recomrnendations. rl The applicant has provided specific design recommendations for the units. These have been designed by a competent engineer \rho has stamped the drawS.ngs and letter. trThe applicantrs exarnples contained in the EIR are totally inappropriate for rnitigation. This indicates to me a rush-it-through approach. This approach has caused considerable confusion and nisunderstanding as evidenced by the last mLnute changes requested and subnitted by the applicant.rl It is true that the Pettigrove letter had attached to it a graphic that did not match the letter. Staff had noticed this and had asked for a revised graphic fron Nick Lampiris, Ttris reguest \iras made a week before the date of the rneeting. llor,irever, staff did not feel that it was necessary to hold up the review of the proposal due to not having the graphic. Our opinion is that Pettigrovers letter is very cl-ear as to what the mitigation reguirements are. The letter does not calL for any wal}s or structures beyond the individual unit which would have design inpacts.Since the rneeting, \ce have received. a revised sketch from Don Pettigrove, engineer, which shows the geologic hazard rnitigation schematic section. rrlast minute changes to the application in the forn of the EIk Meadows conditions of approval memerandurn submitted to the PEc monents before the application was reviewed created confusion. t, Originally the applicant had agreed to do the nitigation. About an hour before the neeting, the applicant questioned whether it was really required 4. 5. that the nitigation be conpleted by the applicant.Larry Eskwith was asked to support the staffrs position that nitigation was absolutely required. It l'ras decided that it would be best to leave the conditions of approval- as they were and appeal the requirement if they decided to do so at Town Council. The revised conditions of approval Iisted clearly what else was needed for the subrnittal , change the date on when general improvements had to be completed, and clarified the wording in nunber I. It should be noted that the Town Engineer was consulted to detennine if the additional information required was significant enough to prevent the project fron going to Planning Commission. His opinion was that it was not necessary to hold up the project. For this reason, staff felt cornfortable going ahead with the revien, as rnost of the inforrnation that was lacking or needed clarification related to eiIl Andrewst end of the review. It should also be noted that the applicant has really four years to conplete general improvernents on the subdivision, and ttre applicant agreed to conplete them by Septenber L989. The point is that the revised conditions were not all that different fron the previous listed conditions. They only offered clarification and sl-ight changes to the original- conditions. Staff also added a clause to #t that allowed an owner to choose another engineer as long as the rock fall nitigation had no negative irnpacts visuatly and was approved by the Vai Cornrnunity Development Departrnent and Town Engineer.It was felt that it was not falr to each individual-building owner if they were able to find an engineer whom they preferred to do design for rockfall nitigation. 5. rrThe EIR should be revised to include a rnore definite description of the hazard and its effect on the subdivision.,' Nick Lanpiris has stated twice in a letter that rras previously nentioned, potential rock fall into this site will be very infrequent over the years. But this type of mitigation is still prudent.rl rrThe applicant shall provide several typical plans of suitabLe structures which couLd be built in such a high hazard area. These sample plans should be clearly relevant to the consulting engineerrs report..r The appJ.icant has provided a general section which shows how the nitigation should occur. ItThe applicant should provide detailed plans of 6. 8. 9. nitigation structures which purchasers may then incorporate in plans for their residences.ll lhe section by Pettigrove rneets this concern. rrThese structural design guidelines should be included in either the project declaration or in another covenant to run with the land.rt The structural design guidelines are included in the Special Development District wording and covenants. "The applicant should be required to identify and rnitigate against the hazards in the subdivisionrs conmon area, i.e. spaces between the envelopes, the open space tract and the roadway.rl Nick Laurpiris has provided in his fetter a statement that is used in the rockfalL hazard area to ensure that adjacent properties are not affected by the structures. He states, rlFurther, if the recornmended engineering is acconplished during the construction of structures upon tbe proposed building envelopes,there should be no increased hazard to other property or structures, or to public buildings, roads,streets, right-of-way, easements, utilities or facilities.I' rrThe design guidelines are totally inappropriate to the surrounding environrnent. rl The applicant agreed at the neeting that blue steel roofs could be excluded from the reguirements. Tn addition, the guidelines are being reviewed by the Design Review Board on June 17, 1987. Staff feels that the board will be abfe to revise the guidelines if necessary. 'lThe applicant should be reguired to install a guard rail along Lionsridge Loop.rt Our Town engineer did not require this. However,staff has no problen if it is rnade a requirement. rrThe applicant should reconsider the construction of nulti-fanily residences rather than creation of a subdivision of homesites to facilitate maximurn control of hazard nitigation.tt The problero with this recommendation is that you cannot force a developer to do nulti-fanily development when the zone district does not require it. 10. lL. l2 L3. "The applicant is sinply not prepared to ask for the PEc I s consideration. rl rhree other mernbers of the PJ.anning Commission felt that tlre application was sufficient enough to act on. !ue^O{.r{B\ +chnica\\ Planning antl Environmental Cornmissron Comrnunity Developnent Departrnent June 8, L987 TO: FROM: DATE: SURfECT: A request for a major subdivision and rezoning of The Valley Phase III from Residential Cluster to Special Development District with underlying Residential Cluster.Applicants: Lamar Capitat Corporation I. THE REQUESTS reguests involve two Planning Cornmission reviews: O Ou^s^ @4 \nd,,f d -tni\ $D I Aaum- $Ka,+( I 5\dA.E\ue!Too' S-. l\{*([!: 0u\Ad.q D U. I ll}}e Pf{tur.f. The f*Qiw Y\or"' p t\ o The The review subdivision The review request. applicant I s of a prelirninary plan for the major reguest of the Special Devel_opment District zoning request is surnmarized below: rrThe current proposal being rnade by Lamar Capital Corporation, the ohrners of phase III, is the subdivision of the 3.6 acre parce] into seven building .it"= or-iEnffiGli- rive of these @tow coniEruction of single family dwellings and two (envelopes 5 and e) would allow construction of duplex residences. Therefore, a total number of nine dwelling units would be constructed on the site.... The total Gross Residential Floor area (GRFA)desiqnated for Phase-.=Ilf in The Valley pUD agreement rs @ This will allow each dwellincr unit within the project to be a maximum of L,777 square feet. ^Lccess to the site is off of Lionsridge Loop via a 22 f6ETiae common access drive. rhis ioad i's currently under construction and was given building pennit approval previously by Eagle county. ihe owner of the property has chosen to create the building envelopes rather than construct one single L0 uni-t developrnent for various reasons:...The creation of the building sites a1lows the developmenE of the parcel to be phased and at the same time - provides an overall plan to guide the placement of dwelling units, access, and common open space within the parcel over tirne. 0Mv\\0f\ t\I,ftg The development of 9 individual free standing dwelling units and duplex units will be nore conpatible with the adjacent developments than would one single structure containing L0 dwelling units. The creation of the building envelopes allows for a variation in residential product type in Vail . A purchaser will be able to enjoy amenities such as common open space, guest parking, and a common access drive which are typically found in a rnultiple farnily development and also enjoy the opportunity to construct his/her own home much like the owner of a single fanily or duplex lot.tl II. BACKGROUND ON THE PROPOSAL The Valley project was originally designed as a planned development of lso_units.on 61-: ^- , fg3g,tl'e Eagle Couritf-eommissioners approved a prelilninary pr-an with a Planned Development zone designation. the approval of the preliminary plan was valid for three years. In July of L976 the original prelininary plan approval expired. However, the Planned Developrnent zone designation remained on The Va11ey. The zone designation for Phase III allowed for l_0 dwelling units and a total GRFA of 16,000 square feet. fuQu il,'413 f,rIK Qloi,\1 K-t\l\ \. I wu 'l lvr\^q.tWW^d' {-dr{qUI$P lsQun'\'/Ll 61hoar: rwo k-ryd The developer was required to resubmit a sketch plan and prelininary plan once the approval had expired. Frorn the planning files, it appears that several requests to extend the approvals from the prelirninary plan were granted by the Conmissioners. fn March of j_980, the pUD plan and protective covenants were filed with the County. Once again, this document indicates that j-o units aira a -GEFA of In l-98o, the West Vail area was annexed to the Town of Vail. The Town accepted the GRFA as the allowed devE f The vallE o Y,The Valley wE ay of 1987.(Please see the encLosed summary of eventG relatinq to The dantlfalley Phase III attached to this rnerno.) The following inforrnation indicates that it is very clear that Phase lff is allowed 10 units and a GRFA of 16,000 square feet. Any sketch plan and preliminary plan approvals have lapsed since the tirne of their review bv the.County. The rnost recent sketch plan review for this project occurred in April of 1980. Even after this review of the sketch plan by the County, the developer still o needed to return with a preliminary plan for phase III.prelirninary plan for this project v/as never finalized through the County and considered to be a part of the approval when the project v/as accepted into the Town of Vail in l-980. for the property. Ordinance of l-981- ackn ffions of 10 units and 1_6,000 squaie feet of GRFA but states that, rrfor any zoning purpose beyond the Eagle County Commissionersr approvals, aglreements, or actions, the developments of parcels of properties specified in this subsection (E) shall be zoned Residential Cluster.rr For this reason, the Special Developrnent Distrj-ct is compared to the underlying zone district of Residential Cluster which serves as a guide for the development standards of this phase. III. MAJOR SUBDIVISION EVALUATION CRITERIA The PEC review criteria in Section l-7 . 1-6. 1l-O of follows: major subdivisions are found regulations and are as for the qiffidations made by public agencies,utility companies, and other agencies consulted under L7.L6.090. The PEC shall review the application and consider its approPriateness in regard Lo Town of vail policies relating to subdivision control ,density proposed, regulations, ordinances and resolutions and other applicable documents,environmental integrity and compatibility with surrounding land uses. The burden of proof shall rest th the a UTDOSES this cha onL oEner that the le. Due consideration s The following comments were made by each agency: 1". Upper Eagle Va11ey Water and Sanitation District: We have no problems with this project. Water and sewer are available in the area. We recommend approval . A. Public Service Company: The original prelininary plan did not show gas as a utility being provided by the developer. The developer has agreed to include gas as a utility for the proj ect. Holy Cross Electric: No problem. 0\o\b 1ono-&,D\ \l\F-. utilit Reviews: 3. B. 4. Mountain Be1l: No problern. Mountain Betl requested that the developer fiII out one of their land development agreernents as soon as possible. 5. Heritage Cable: No problem. 6. National Forest Service: At this time, the adeguacy of water and fire protection service is guestioned. The need for adequate response to fire emergency suppression and availability of adequate fire hydrants should be considered in the review for approval . Evaluations should include concerns of the Vail Fire Department about water pressure, emergency fire call response time, location of hydrants, etc. in terms of both structural and wild ]and fire protection, suppression and control . These issues have been addressed by the Vail Fire Department and Upper Eagle Valley Water and Sanitation District. 7. Western Slope Gas: No problem Relation of Proposal to Torr/n of Vail policies: create a pro vision controls. r^qo* i&^d e{ 5y5: 6rQ,ti&, " E#,u Xqirq M' -Iess Enan wnac was orrg].nal.ly by one unit. The density is actually approved for the site - eo''q/".')4+, lo[^/523 lQJ,lt The EIR states that the potential negative impacts of the proposal include the rrvisual inpacts and irnpacts associated with the location of the site within a rockfall hazard area.rr Staffrs opinion is that the developer has designed a plan that protects the meadow area as much as possible, given the high severity rockfall hazard and slope constraints on the northern portion of the Iot. fn addition, design guidelines are incorpoarated into the SDD zoning which will lrensure architectural and visual continuity with regard to building design and materiaLs.rr (EIR p.4) The Public Works and Fire Departments have also iEvI6eA Ene requesffi meecs E,nerr standards as far as road design, drainage, fire protection service and adeguate fire turn-around areas. staff believes that the design of the subdivision and 0.ug.rdml6 i vrnrof, The staff finds that subdivision criteria A. Design Standards Section L8.40.080 lists a SDD development plan must review is to show how the SETAEE th an or e proposal actually meet the major does isa improvement from vta s inprovement is the preservat! siqnificant se of Countv last summer.The rnain area of l.tVY->\'"'*\-f )l been accomplished by proposi A&l^M, VDtWt L\ tn" north siae or the access to Dsi t0llng Yg' 6ndict*t' rimary This has ng the road. Oing sites on standards that a proposed with. Thejglpsse_of__Qe ment E set of comply develo PMENT DISTRICT REVIEW ap practical solu n achieved. sEandards, along w]-cn Ene applrcant,, s The design and staffrs with Loop. Staffrs l-. responses are listed below: A buffer zone shal-l be rovided in a ecial vel-opment dis a l.ow residential u The buffer zone ree of buildinos i:or structures, and rnust be anctsca screened or rotected bv natural features so that adverse effects on the surroundi-n areas are minirnized. This may re re a buffer zone of sufficent size to adequatel rate the use from the surround ronerties in terms of visual rl_va noise, adequate Iiqht an aIr, a]-r ution s and other com rable all ncompat 1e factors. Applicant I s Statement: The trbuffering'r provided by the project is appropriate for the type of project proposed and. the nature of the existing and proposed surrounding land uses. Landscaped areas will serve to strengthen this buffer. Staffrs Statement: Phase III is ad acent to Lionsrid e LooD on the eo the roject, The ValIey and The Vallev P south and west. Thel Phase III is approxirnately from Most the edge of of the trees the pavernent of Lionsridge in this area will remain. IJDKT fqra On the east side of Phase Iff, the.-neatest building from The V easternmost building envelope. In addition, an open opinion is that this area provides an adguate buffer on the northern portion of the project. phase I to the east provides access tounits directly off of Lionsridge Loop. SJaff s rnaintaining the public e, as havin onsridge Loop. It be not t the aI development that no 'the area ranging frorn approxirnately 1_5 feet at the narrowest point to 60 feet fro rn should also district wilI Iess than 3 require feet from easEern envelope. The rest of portion of the project the site on the is designated as open ilffi space. On the west ertv lines for Phase Iff, app|rox:rmaE,e 25 fee area. Staff woul_d recommend that the four western parking spaces in this area be removed from the plan Phase Vf proposes to rnaintain as open space the portion of their project that meets the southern property line of Phase III. Therefore, the slight irnpacts of the pavement should be minimized. In qeneral , the staff finds that the proposal maintains adeguate buffer spaces on a1l sides of the project. We would recommend that additional landscaping be located by the west fire turn around and the 4 guest parking spaces be removed. 2.esiqned for the e of traffic enerated consideration safe separa-tion from livincr areas conventence, access, noise and exhaust control . Pr vate internal stieets ma be rmitted if they can be used b lice and fire de rtment vehicles for eme enc urposes.c shall be considered and tion svstem traf s to be used for res dent rovided when Applicant t s Statement: The access drive has been designed so adequately serve the traffic needs of developrnent. Due to the size of the need for a separate bicycle path does Staffts Statement: as to the project, the not exist. The project has been designed to meet Fire Departnent and Public Worksr design standards. Staff agiees with the applicant that a project of this siie does not requi-re a separate bicycle path. There is a possibility that the road could be continued west into Phase Vf at a future date if desirable. in Terms of:Optimum reservac on of natural features ncludin trees and drainacre areas recreaE.on, vlews conven ence and function. Applicant t s Statement: Approxj-nately 70? of the site space use in order to preserve of the site. is devoted to open significant features l0'/or€ Staff I s Statement: The applicant has made a str anct w to that the access could have been directly off of Lionsridge Loop to the structures built into the hillside. Hor,reverf staff did not prefer this site planning approach, as it would have required. very ligh retaining walls which would have negative visual ,impacts on adjacent properties. Secondly, direct 'access to the units off of Lionsridge toop encourages parking problerns along the Lionsridge Loop right-of-way as well as snow plowing problems. The st;ff prefers to see parking and access removed from the Lionsridge Loop areas. Once again, the staff would also recomrnend that the western four parking spaces on the access road be renoved from the proposal to free up more open space.our opinion is that the L0 guest spaces on Lhe eastern portion of the site provide ad.equate overflow parking for the 9 units. Even with the removal of the four spaces, each unit would have one enclosed ariet 4. space, one space in front of the garage, and one guest parking space. Staff believes that three spaces are adequate for each unit. Variety in terns of: housin s, facil-ities and open space: Staff supports the p ine units that will l-s hase. If an aff would u e units are Applicant t s Statement: Desj-gn guidelines will be adopted to govern the character of the buildings. While these guidelines will resul-t in a certain uniforrnity among building design, a certain amount of ftexibility in building design will exist. Staffrs Statement: to so that there does terms of design. developed not become re manner varr.eEy tn Lna too compa much 5.terms of the needs individuals ne hbors: Applicantt s Statement: Building envelopes are adequately separated in order to.provide spaces between residences and provide prr-vacy. Staffrs Statement: affic in Terms of: Safet aration access tooints of dest on, and attract veness: Nd5 The building envelopes are separated from each other frorn a distance varying from approximately l-8 feet to 27 feet. This separation provides a reasonablE-- ffio-u-nE-Ef privacy between Lhe residences. 6. Applicant I s Statement: Due to the srnall size of separated pedestrian q/ays the proposed project,are not needed. Pedestrian Staff agrees with the applicant. Staffts Statement: ildin in Terms of:riateness to density, site relationship and bul Applicantr s Staternent: The building bulk requirements as established are appropriate for the scale of the site and its surroundings. Staff's Statement: Staff agrees with the applicant. orientation spacln or an scorage, s s lighting, and soLar blockage. ) Applicantrs Statement: hL- rbrl .",iAW' \ The buildings will be oriented to take advantage of gU,; views into the open space and southern exposures.'^nK WI^ The spacing between buildings is indicated upon the n].|1O' site plan and provides areas for landscapingl light ULXY/ and air. Materials have been specified within the design guidelines for the project. Landscaping will be strictly controlled by the Homeownersr Association as wel_1 as the Vai_l Design Review Board. Landscape provisions have been included in the proposed covenants and are as follows: 8. The concerns of the Cornmittee shall be to improve the appearance of the subdivision and the rnainte-nance of such appearance. Owners and their representatives or builders will be recruired to: Minj-mize disruption from grading. Revegetate and restore ground cover for erosion and appearance reasons. Use indigenous species of plant materials as established by the Cornrnittee.Select the man-made elements that blend and are compatible with the land. Use existing or natural drainage paths whenever possible. a. b. d. Conserve and protect top soil, rock forrnations and unique landscape features. Sod such areas as determined by the Committee. V. SDD ZONTNG CONSIDERATIONS The a order to a1low for reater d a at would not orS zonins. Below-fE ummary of the istrict standards which have been written to correspond to the Residential Cluster zone district. Following the narrative for the special development district is a comparison of the SDD standards to straight Residential Cluster zoning. Proposed Special Development District: Purpose: The purpose of the establishrnent of the EIk Meadows Special Developrnent District is to aLlow greater flexibility in the development of the land. than would be possible under the current zoning of the property. In order to help preserve the natural and scenic features of the site, building envelopes will be established which desj-gnate the areas upon the site in which development will occur. The establishment of these buildi_ncr envelooes will also perrnit the phasing of the development to procled according to each individual owner's ability to construct a residence. ,rt/wu ,v f s- A.-(r\/h (\-/ I \\-./t) r^)I l )vtt' fU$g- Acreage: The total acreage of the site is 3.G acres. Permitted Uses: The perrnitted uses for the site are --.-----.-----.-proposed Eo be:l-. Single family residential dwellj_ngs 2. Two-farnily residential dwellings 3. Open space 4. Public and private roads Conditional Uses:mtility and pubric service uses 2. Publ-ic buildings, grounds and facilities 3. Public or private schools 4. Public park and recreation facilities 5. Ski lifts and tows 6. Private clubs 7. Dog kennel n - n M\J-Acc,essorv Uses : JU- 1. Private greenhouses, toolsheds, playhouses,attached garages or carports, swimrning poo1s,patios, or recreation facilities customarily incidental to single-farnily or two-farnily residential uses. ential Clust ary/Secondary Home occupations, subject to issuance of a horne occupation permit in accordance with the provis j-ons of Sections l-B . 58 . 13 O through 18.58.1-90; Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; Horse grazing, subject to the issuance of a horse grazl-,ng permit in accordance with the provisions of Chapter L8.58. Development Standards: Proposed development standards are as follows: 1.Lot Area - Not applicable; building envelopes govern. -...---..-------,.sfillainq EnvelopE]\\.- '. -,, 1. . 07 acres 2. .07 acres 3. .06 acres 4. .05 acres 5. . l-0 acres 6. .08 acres 7 . .05 acres Tract 1: 2.53 acres open space Tract 2: .61 acres roadaway and parking * Tracts l- and 2 acreages should be adjusted if the west guest parking is rernoved. Minimum setbacks for the location of with relations to building envelope perimeter lines shalt be as follows: 6\ No structure sha11 be tocated on the \--'/ utility easement as so designated on the A final plat of the subdivision. tb.) No structure shall be located 1ess than two feet from either the east or the west perinetg 2. 2. />\ l,:z-+--+!!v ev!(C.)\ No structure sha11 be located less than x (d. \ Notwrthstanding anything contained \--./ hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totalty wj.thin the perirneter lines of the building envelope. A building building Residential /n\\ 4.1 ^\v, C) envelope sha1l not contain more t|.an L,777 square feet of GRFA; a building situated on a two unit residential bui-Iding envelope shaLl not contain more than 3,554 square feet of GRFA. Building Height: Building height shatl be 33 feet for a sloping roof. Parking: Two parking spaces shall be provided per unit with one of the two spaces being enclosed. Landscaping: The entire portion of the building envelope not covered by pavernent or buildings shall be landscaped as well as any areas outside the building envelope disturbed during construction. Design Guidelines: Design Guidelines to be adopted for the site are as follows: Roof pitch shall be 4 feet in l-2 feet. Roof material shall be metal and be either charcoal grey or marina blue in color.Siding material shall be either cedar or redwood and shall be applied horizontally as indicated on the prototypicat building elevations. Only tight colored stain shall be applied to siding.Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is utilized, it shall be light in co1or. A11 windows shall be white metal_ clad windows.AII decks and balconies shall be constructed utilizinq 2 x 12 railings and posts that are at least 4n x 4rr. A11 roofs shall have overhangs of at least I foot in order to protect walls and wa1I openings from rain and snow and to contribute to the buildingrs character. Recreation Arnenities Tax: The recreation @square foot. 7. R PROPOSED SDD IN COMPARISON WITH RESIDENTIAL CLUSTER ZONE ,.r-o PROPOSED SDD RES CLUSTER LOT STZE:1-. .07 ac single unit 2. .07 ac single 3. . 06 ac singJ-e 4. .O5 ac single 5. .10 ac duplex 6. .08 ac duplex 7 . .05 ac singJ-e unit unit unit units units unit 15,000 sf, containing no less than 8,OO0 sf of buildable area front 201 side, l-5 | rear, L5 | 33 | slope 30r flat roof .48 total bldg envelopes or 20,9O9 sf. SETBACKS: Sides, 2 ft from bldg envelope line Rear, 3 ft from bldg envelope line 1,8 1-27 1 between bldg envelopes exists HEIGHT:331 sloping roof 30r for flat roof does not apply as design guidelines requj_res sloping roof SfTE COVERAGE: no standard for bl_dg envelopes 25? of site GRFA: l_5 , OOO 1,6 , OOO per annexaElon agree. DENSITY: 9 units l0 units per annexation agree. LANDSCAPING: Tract 1! 2.53 acres 60? of site Open Space or 7OZ of the shall be site is open space landscaped PARKING: Requires l- enclosed space, also Recruires l_will have L open space within enilosed spc, ,. bldg envelope + 1 guest space 2 spaces !6rrrdi'orf The.proposed SDD varies only slightLy from the underlying Residential Cluster zone district. Due to the fact that building envelopes are being used, it is difficult co compare the SDD to Residential Cluster zoning in respect to lot size. The density is actually one unit less than would be allowed without the SDD approach. Site coveraqe ACQ i" also difficult to compare in that the building -.'envelopes will.be covered by buildings, but to wiat degree the coverage will occur is impossibl-e to deternine until the units are constructed. However, staff believes that iXtJn*) there is adequate open space around the buildj.ng envelopes r\r \\t/u\t i.o maintain an aestheti_ca11y pleasing amount of open space bQi\!a0ib\ ruri"+tn.s\^dr telD dro- ri'o+ *tr JDO '[ t^fJ' p( and separation among: the units. Setbacks also vary from those that are required in a Residential Cluster zone district. The separation among'the building envelopes varies from L8 feet to 27 feel . Staff believes that this separation provides adequate space among the units. A11 other development standards meet the underlying zone district requirements for the Residential Cluster zone district. VT. STAFF RECOMMENDATION: The Department of Community Development recommends approval of this proposal. Staff beli_eves that the request meets the intent of the major subdivj_sion regulations and special developrnent districtrs zoning. The proposil_lgsjge4ffellows the underlying Residential cluS oning and Planne er Ea o due to the ne eas qle Countv. at are appro the mead T,t 4anarts from riate to revise U $uftld ELK MEADOWS CONDTTIONS OF APPROVAL The deveropment of.each buirding envelope will conply with the environmental . irnpact report, especillly the ae-siln recornmendations cited by Mr. Dan pettigrove in a letter concerning design rnitigations for rock fall_ hazard.s. Each individual owner.will be responsible for completing the rockfall nitigation neasure per the pettigroire letter.Studies will meet the standards outlined in Section l-8.69.O52 of the Town of Vail zoning code. An owner may choose to have another.gualified engineer/geologist aeiiqn appropriate rockfall mitigation rneasures, is long as the mitigation solution does not have negative visuai impacts and is approved by the Town of vair iornmunity Developnent Department and Town Engineer. The-proposed.prelirninary landscape plan and design review guidelines will be reviewed by the besign Review Board for their approval before final plat subrnitial. The applicant agrees to revegetate the access road if the general subdivision improvements are not completed by september 1' r-989. Generar subdivision irnprovements are def ined in Section l-7. l-6.150 of the town of vail Subdivision Regulations. The declaration of protective covenants for the Elk Meadow subdivision states that design guidelines rnay be adopted.The staff would require that the word.ing be Lhanged to state that design guidelines shall be ad.opted. Tfre futl paragraph would read: o rrGuidelines for the development of the building envelopes and tracts shall be adopted by the Committee, which shall, amonqt other things, interpret and/or implernent the provisions of these protective covenants. Guidelines may be amended from time to tine with the najority vote of approval from the Comrnittee and approval of the Town of Vait Design Revi-ew Board. The guidelines will be available from the chair of the Design Committee and Town of Vail Comrnunity Development Department. rl The following engineering information will be subnitted to staff by June L5, L9A7. a. The revised master drainage p1an.b. The preliminary plan will be revised to show the new turn-around dimension on the west end of the 't'rrnrro r.F rr c. The road plan will have an engineerrs stamp. The prelimi-nary pl-an will- be adjusted for square footage totals due to the removal of the four guest parking spaces on the west end of the project.d. A letter from Nick Lampiris will be subrnitted to address the rock fall design requirements. A graphic is suggested.e. Gas line and fire hydrants will be indicated on the utility plan in the appropriate areas. For information purposes, the staff would like to note that the major subdivision requlations require the completion of general improvements for the subdivision as outlined i-n Section l-7.1-5.150 to be installed within four years of the date of PEC approval or the plat shall become instantly invalid. A11 right to irnprove or develop the property on the part of the owner or subdivider shall thereby be relinquished. This requirement is stated in Section a7.L6.33O of the Vail Subdivision Regulations. It shall also be noted that in respect to SDD approvals,the applicant must begin construction of the special developrnent district within l-B months from the tirne of the projectrs final approval according to Section l_8.40.100 of the Town of Vail zoning Code. #^^P SEQUENCE OF EVENTS CONCERNING THE VALLEY PHASE III April 25, L973r Conditional approval of the preliminary plan by Eagle County which zoned The Valley Planned Developnent (PD) July 26, L9'73: County Comraissioners approve The Valley prelirninary plan and PUD. This approval is good for three years. The approval includes L50 units on 61.2 acres. July 30, L973: Eagle County Corornissionersr special neeting to confirm Valley approval . JuIy 26, L976: The Valley prelininary plan and pUD approval of July 26. L973 expires. Sorne of the units are under construction, The I20 units that have not been built will recruire a new subroittal starting with a sketch pfan and prelirninary plan review (letter from Ms. Susan Vaughn, L977). l{ay 20, L977. The VaiI Town council_ sends a letter to the Eagle County Conmissioners in favor of extending the Valley,s approval as long as developrnent is carried out according to tfre preliminary plan and recreation amenities are provided, ytay 24, L978: The Eagle County Commissioners grant an extension of the Val1ey prelininary plan approval . This approval would expire on June 1-, L979. If the approval expires, it would be reguired that sketch plan and preliminary plan revier,tr inforrnltion be subnitted. Also, if any change is rnade to the present plan, it would have to be reviewed by the County Cornmissioners. Novenber L3, L979. Eagrle county cornmissioners review a sketch plan and have several concerns. March 26, 1-980: A puD pran and protective covenants d.ocu-ment is filed with the County which indi-cates that Phase fff is subject to the land use restrictions of L0 uni.ts and a total GRFA of L6,000 square feet. March 27, L980: Resolution No. gO-20 allowed the phases of The Valley to be sold separately without any further compliance with the subdivision regulations. aal April 15, L980: ?he Eagle County planning Commission reviews a sketch plan for phase III. The Planning Commission suggests that the units be tucked into the hillside on the northeast side of the project and that the developer use berming and }andscaping to buffer the project. Staff recommends approvaL of the sketch plan. April l-6, L980: Tohrn of Vail staff sends letter to the Eagle County Planning Commission which recommends more tighter, clustered layout of the buildings toward the hillside. Vail staff also recognizes the steep hillside and sensitivity of the meadow area. Letter from Peter Patten and Dick Ryan. April 30, l-980: The Eagle County Cornmissioners reviews the sketch plan that the Planning Comrnission saw on April L6, 1-980. The sketch plan shows L0 townhomes on phase III. May 5, l-9803 A resolution is passed by the County allowing three years for the developers to file preliminary plans from the March 26,1980 PUD plan approval date. December l-98o: ordinance No. 43 annexes the west vail area including Phase fff of The Valley. March 1-7, L98l-: The Town of Vail Council applies zoning to ?he Valley which was recently annexed. The ordinance was No. L3, Series of L98L. March l-5, L983: Resolution No. 5, Series of 1993, the Town Council approves rezoning of The Valley. Sept. 11, l-985: The Valley is de-annexed fron the Town. Sunmer L986 A developrnent proposal is subrnitted to Eagle County by Lamar Capital Corporation. The proposal begins with a sketch plan/preliminary plan review. Nov. 5, 1-986 The Lamar Capital Corporation phase IfI proposal is withdrawn from the county due to cornpli-cations with the time lines for review and how they will relate to the property being re-annexed to the Town of vail. NIay L6 |L986 A grading perroit is released by the County for an access road into Phase III. The applicant is Lamar Capital Corporation. The road work on Phase III is red-tagged by Eagle County. Red tag. is removed by Eag1e County. The VaIIey is re-annexed into the Town. The Road is red-tagged by the Town of Vail The Road is red-tagged by Eagle County. Lamar Capital Corporation submits a major subdivision and special developrnent district zoning request for Phase III . May 6, May 7, May 11, May 11, May 11 , May 1I, 19A7 L987 | 1987 L9A7 i l_987: l_987: LlsS+ ELK MEADOWS CONDITIONS OF APPROVAL 1. The development of each building envelope will cornply with , -!.the environmental impact report, especially the design d /jglltrecommendations cited by Mr. Dan Pettiqrove j-n a letter ;kW[ concerning design rnitigations for- rock fall hazards... Each t\o)._,-fi /)_6|/'recommendatlons crtect by Ivlr. Dan Petclqrove 1n a reEEer ^ry\qfiJl;f"d9fl concerning design rnitigations for rock fall hazards. Each %!^Ury.iJqlt \|\ individual owner will be responsible for cornpleting the '11"*t!u'" rra! A rockfall mitigation measure per the Pettigrove letter. "Y'0,v{\"1.dY{ studies will- meet the standards outlined in section '10t:,.llu!t" 18.69.052 of the Town of vail zoning code. "^ lViu nn I Y{-14 'll'nr$l:. The proposed prelirninary landscape plan and design review l$til.^( l, guidelines will be reviewed by the Design Review Board for ,f ?Vl,&t their approval before f inal plat subrnittal .ilQly,r,Pt i;;i. approval before final- piat subrnitiar. il)v'"l | 3. The applicant ag'rees to revegetate the access road if a building permit is not received and acted upon to complete the general subdivisi-on i-mprovements by September l, 7^*' 1Wq' The declaration of protective covenants for the E1k Meadow Subdivision states that design guidelines may be adopted. The staff would require that the wordi-ng be changed to state that design guidelines shall be adopted. The fu11 paragraph would read: trGuidelines for the development of the building envelopes and tracts sha11 be adopted by the Committee, which sha1l, amongf other things, interpret and/or implement the provisions of these protective covenants. cuidetines may be arnended from tirne to tine with the rnajority vote of approval from the Comrnittee and approval of the Town of Vail Design Review Board. The guidelines will be available frorn the chair of the Design Conmittee and Town of VaiI Community Development Department. rr The foJ-lowing engineering inforrnation will be subrnitted to staff by June l-5, 1987. a. The revised rnaster drainage p1an. b. The preliminary plan wiJ-1 be revj-sed to show the new turn-around dimension on the west end of the propercy. c. The road plan will have an engineerrs stamp, The preliminary plan will be adjusted for square footage totals due to the removal of the four guest parking spaces on the west end of the project. d. A letter frorn Nick Larnpiris will be subrnitted to address the rock fall design requirements. A graphic is suggested. e. Gas line and fire hydrants wj-11 be indicated on the utility plan in the appropriate areas. 5. * For information purposes, the staff would like to note that the najor subdivision requlations require the completion of general irnprovernents for the subdivision as outlined in Section 17.L6.l-50 to be installed within four years of the date of PEC approval or the plat sha1l become instantly invalid. A11 right to improve or develop the property on the part of the owner or subdivider shall thereby be relinquished. This reguirement is stated in Section 17.L6.330 of the Vail Subdivision Regulations. ft sha11 also be noted that in respect to SDD approvals,the applicant must begin construction of the special development district within L8 rnonths from the time of the project's final approval according to Section l-8.40.1-OO of the Town of Vail zoning Code. 75 south lronlage road Yail, colorado 81657 (303) 476-7000 {t6 B' c. s{,r l,,\. ,.*l-Od,t-$cr , \ \^r'./ .,.oe*ffi\S^ml.- ^lr'\ {o"d in{on* ' Dr , ^frcr,r,"rgl fu1ru ,tt r tU-'t\d-\UL i' r) l4ay 27 , L98'7 Mr. Michael Lauterbach P.O. Box 3451 Vail , Colorado 81658 Re: Elk Meadows: Lionsridge Subdivision (The Valley) , niling No. 2, Phase III Dear Mike: After reviewing the proposal for rnajor subdivision and special development district requirernents, the following information is needed: I. Ma'ior Subdivision Information A topographic survey that is certified by a Colorado registered land surveyor. The survey should also indicate total acreage for the entire parcel , the size of each buiLding envelope, the width of easements, and edge of pavement for Lionsridge Road. Proposed streets should show approxirnate grades in percentage and areas with cuts and fills exceeding six feet. Util-ities are indicated on the plan. However, the size and invert elevations of sanitary sewers, storrn drainage facilities and water mains rnust be indicated. The Fire Departrnent has also requested that nain sizes for fire hydrants be provided. Drainage conditions on and adjacent to the tract *including locatj-on and extent of water courses, fPerpetual drainage easements, and location of natural ' springs and ground water should be indicated on the *\oA /.JidlAp tt* ili qt,ffi site plan. Essentially, you need to develop a naster drainage plan for the project. Bannerrs letter is dated September L8, 1986. At that time, this plan was not even developed. My opinion is that you need to update the Banner inforrnation and provide a revised master drainage plan for the project. Pettygrove makes some statenents about drainage in his letter dated February L987, however none of this information is on the site p1an. Existj-ng conditions on adjacent land need to be indicated. fn most cases, open space exists around the project. However, to the east The Valley Condoniniuns should be shown on your site plan. As stated in the Subdivision Regulations, the objective is to show how the preliminary plan interfaces with all adjoining properties and uses. probably the easiest way to show these relationships wou1d. be to use the original PUD nap showing The Val1ey Condominiuns to the east and the proposed phase to the southwest of Phase III. ALI areas of 40? slope or greater and rock fall areas should be indicated on the site plan. Even though the zoning for the property is Residential Cluster,due to the fact that you are creating single farnily and duplex structures, you are meeting the intent of Section 18.69.O40 of the zoning code which allows construction on 40? slopes only in primary/Secondary, Duplex and Single Fanily zone districts. We have reviewed this decision with Larry Eskwith and he agrees that it should be noted in the Special Development District that you are meetiirg the intent of this section of the code. Also, I would like to know how Nick Lampiris' letter d1t9d Novernber 1-, L9g6 relates to your new site p).an.Nick seemed very concerned about locating the units below Lionsridge Loop road. He states that a LO to 12 foot structural protection would be necessary.Don Pettygrove states in his letter that 6 feet of vertical wal"l is necessary. I would 1ike to see a north elevation showing the structures along I-,ionsridge Loop road. Letters from alL applicable utility agencies verifying service should be subrnitled-at the time you subrnit for final plat review. A soils stability analysis must be subrnitted.. On page 1-0 of the Environmental Inpact Report, you refer to a Chen and Associates, Inc. study. -This stuOy shoul-d be submitted for our review. g\\K-GJ' !.41.J, \.\; ^\(H) The Town Engineer has requested that you subrnit Schedule B of a title report for the property to check easements. \J. In the Declaration of protective Covenants for the [!- i Elk Meadows Subdivj.sion, you rnention on page 2 that l\,\,n^.d the Design Guidelines may be adopted. The staff 'rrr{l{ wouLd prefer to change the wording in this section in 'n\\ the following way: .\":i '.'-{),,N:\ 'rGuidelines for the development of the build.ing \1.' \J envelopes and tracts shall be adopted by the committee, which sha1l, among other things,interpret andr/or implernent the provisioni of these protective covenants. Guidelines may be amended frorn tirne to time with the najoritlr vote of approval frorn the conrnittee and approval of the Town of VaiI Design Review Board. The guidelines will be avaiLable from the Chair of the Design Comnittee and Town of Vait Comrnunity Development Department. rt II I also suggest that you subnit the infornation that was provided for the road permit frorn Eagle County.Bj.ll Andrews will want to review this permit. I wouLd al.so call hirn to find out if theie is anv additionaL information concerning the roads ttrit ne needs at this time. It is ny understanding that the Eagle County road permit only covers a portion of the road. Special Developnent District Information:A.\!Aj, An open space and recreational plan rnust be submitted. you may choose to slate that the site is not conducive to adding recreational amenities and.that the scale of the project does not trarrant a recreation plan. Open space is naintained by preserving the meadow and hillside areas. you mav also want to rnention the recreati.onal arnenities tiat.are in the other phases of The Va1ley project and how they will relate to your developnent. - t't\Existing and proposed contours should be indicated on the- srte pLan after grading and site development work for the road. I understand that it witl be impossible to show proposed contours in the building envelopes, as you are not able to determine exactly how each owner will develop. A prelirni.nary landscape plan should be subrnitted that shows existing landscape features to be retained or rernoved and proposed landscaping for the overaLl site. I strongly reconnend that you use landscaping to buffer your project from The Va1ley Condorniniurns to the east and tbe proposed Phase VI to the southwest. f wouLd also emphasize in particular the entry for the project, parking areas, and screening of the development along Lionsridge Loop. If at all possible, I would suggest that you try to pu)-I back the guest parking out of the meado\^/ area. perhaps you could provide parallel parking and also decrease some of the guest parking. As the parking is designed right now, it does irnpact the meadow area to a great degree. A prelirninary special development district narrative should be provided which would List: 1. The purpose of the special development district 2. A section that addresses the total acreage of the site and the fact that a special developrnent district is being created to handle developrnent on the parcel of land. 3. Pennitted uses 4. Conditional uses 5. Accessory uses 6. Development standards that will include Lot area, setbacks, height, density control , site coveraqe, Iandscaping, and parking. 7. Design standards which would incorporate the Design cuidelines that you are rec6nnrending in the Environrnental Inpact Report on page 1.6 that relate to the design of the building and perhaps landscaping if you choose. You should provide a written statement respond.j-ng to each of the points outlined in Section lB.aO.oeO-Design.standards for the development plan.Essentially, these address a buffer zone, circulatj.on system, functional open space, variety in terms of development, privacy, pedestrian traffic, building type, building design, and landscaping o In general, the staff feels that this proposal is an irnprove-ment in respect to what was originarly proposed several months ago.. We also appreciate the fact that you are decreasing the number of units frorn the allowabLe by one unit. Below is a schedule for the review of this project assurning that you get approvals at each review: The Special Development District zoning also states that the recreation arnenties tax shouLd be stipulated in the Special Developrnent District ordinance. I will recorunend that we use the Residential Cluster recreation fee per square foot of $.30. Planning and Environrnental Cornmission: Review of the Special Developnent District and Major subdivision requests. Subrnit for final plat contingent upon approval of the SDD ordinance at Town Council selond reading. Tovrn Council neeting: First reading of the SDD ordinance and approval of the Major Subdivision Preliminary Plan Town Council meeting: Second reading of the SDD ordinance Planning Cornmi.ssion final plat review June I June L5 June 16 July 7 JuIy l-3 KP: br cc: Peter Jamar I would appreciate it if you would subrnit Wednesday, June 3, 1987 at 9:OO A.M. ff guestions, please feel free to call rne. Sincerely, i/ l 0,1 I\rtlnn {{ff1-Kristan Prfr.z Town Planner this inforrnation by you have any further ET EIJ( MEADOI,VS SUBDIVISTON Our agency has reviewed the Elk Meadows Subdivision Environmental Impact Report and has no concerns with the Elk Meadows Subdivision reguest. Yes, our agency has the following concerns with the ELk Meadows Subdivision request: ---9^-; i t EIJK MEADOWS SUBDIVISTON Our agency has revievred the Elk Meadows Subdivision Environrnental Impact Report and has no concerns with the Elk Me ad ows S ubd ivi s i on reque s t . gfree rq Tfr4er{teo/) Yes, our agency has the following concerns with the Elk Meadows Subdivision request: /-D,n, /i,a 4-44 er"/"/. ! tU *'-'/ fu4//1/ r./'qv v -te C'4.t-' fr.r*1, ' .r-,'tt4r12l- -f,,/ ,bgfuL;A, -A-?/f**n 4raeL * I h q//,,rr*. 'EarW-.^ltfu -dtt ';'-. {,, -afr"4 e-*r-, -d*o ,PL"4 r2"-'(t zAa-" ) -4-l g h zhl4,2- Representing: etY '$ol StrN\ lu 1cF / / (REs) I.A}ID DEVELOPXENT AGREEI{8NT THIS AGREEME'IT entered lnto thls - day llouatslo StateB Telephooe aod Telegraph (herelaafter referred to as "The Coopaoy') referred to aa 'The DeveloPer')i Coopeoy, a Colorado and llood Craft Eoues 19_' by The C orporatloo (herelnafter IIITT{BSSEn| RICITALS: The Developer hag plaonetl to uodertake cooatructloo of a developneot kuown as efiendafe 'SUD flk 6rl.t 4-6'Lt 16-28 whlch le'oore fully deecrlbed as belog located io Sectroo 'i, Toiahlp 5 llortb, Raoge 68 llegt, Sl-xtb P-rlnclple iuiiar.", Lovelaad Exchange, Larlner couoty, state of colorado' The Conpaoy bas beeo r"q,t"st"d- by The leveloper to provlde telecoonuolcatlon facllltles, Dore apecfffcaffy: burled dlstrlbutlon facllltlea (as ehoiD on the attached Ethlblt A) atiached hereto aod locolPorated hereln by thls reference shlch fac11ltles slll be adequate to Eerve {9 accese lloee 1o the above neotlooed area, and on or befoie flve yeare fron, the date of thls agreenent, there rlll be 49 acceas 1loee !-o gervlce 1o the developoeot. The propoaed area ls guch that pursuaot. to the tarlffe of Tbe conpany on fl1e wtth' the public Utllltles Connisaloo of Colorado (herelnafter referred to ae ;iir" C"Lf "sioa') , -The Coopany ls wll1log to undertake provlsloo of auch facllltles ooly upon payoeDt of the faclllty charge herelnafter epectfled' COVENA}TTS: Io cooalderatloo of the nutual coveBaot6 aod condltloos here 8et fortht Lt 18 r'".uuyagreedbyandbet$eeoTheCoopanyandTheDeveJ'operasfollor'e: 1. ThlB Agreeoeor l8 eatered loto aubJect to the tarlffs of the conpaoy pi"r"otiy 1o effect ao<l oo fl1e wlth The Connlssi.oo. Io the eveot that ih""" tarlffs are changed, supereeded or auspeoded prlor to aDy perfornaoce by The Coopaay-, itt"o ittt " agree.ent shall -becooe vold and the partle. Bay enter toto su;h ,,ew agree'e'ts as wlll cooforn to euch tarlffa ," ,.y be iu effect after the afoiesald chaoge, auepeoelon or eupersedute. 2. The Developer ehall Pay to The CooPaoy a facl.ll-ty charge egual to the earlnared cost ;i i.i tboueand tro- huodred forty-nlne dollara aod el.gbtftflo ceots (310249.82). Salct total thall be pa1'd to The Coopany as ahowo oo nttfUii B, attached hereto ancl locorporateil hereln by thls reference. 3. Upoo payneot of the auns enunelated ln paragraph 2 aod Erhlblt B' The conpaoy shall undertake 1o8ta11at1oo of the facllltlee 1o the developoeot as atated 1n the RICITALS and as showtr oo Che attached Erhlblt A. Cortrol Nunber 1251100450 Job Nuaber 6IF645 4. The Coupaoy :agaeeg that lglLtal' faclllttea rtll be avellable by 60 daye after erecutloo of cortract. Aoy addltlooal facllltlee locl,uded herelo ytll be avatlable prlor to cuatooer deoand therefore. Iu oo eveot shall The Coopauyra fallure to cooplete the work by the above-apeclfled date be coaaldered a breacb of thlg agreeueot by The Coupaoy, oor ahall lt relleve The Developer of aoy of 1te obllgatlooe bereuader, lf eald delay la cauged by acta of, God, labor dleputea, uoavallabtUtt of equlpnent or uaterlal, delaye lu reeelvlng equlpoeot or naterlal, delaya LD obtalol.og eaaeoeota or rtghta-of-ray, uouaual norklng coodltlooa, uousual terraiu, delay ceused by the Developer or aoy other cLrcuoBtaocea beyood the reaaooable cootrol of The Coopany. The partlea aha1l, laeofar as po8s1b1e, coordloate thelr coBstructlo[ nork. 5, Aoy eaaeneoto, rlghta-of-rray or property regulred by The Conpany 1o the above developneot ahall be furalahed by The Developer wlthout coat or restrlctloo to The Conpany and ehal1 be cleared aod wlthlo glr lnches of flual grade by the conatructioo Btar! work date. A11 aurvey property gtakee 1111 be placed by The Developer as required to ldentlfy the phyelcal locatlou of aald eaBeneota .aod rlghta-of-way rllthlu the developoent. The Developer ehall be requlred to relnburae The Coopaoy for unugual private and governDeot rlght-of-nay co6tE pursuaDt to thlB agreeoent, tbat are Dot covered by the faclllty charge. Io the eveot. of replattlog, rezoniog, or ehaoge of uae durlng the tero of thle agreeDeot, The Developer or the pernltted asslgoee ehall bear the full erpeoae of relocatloo or replaceoeut of al1 affected telecoonuulcatloo facfitlee. Thl,g anouot i8 not refundable. 6. I{lthlu Birty days after tbe aaoual aaulveraary date of the erecutlon of thls agreeueot for each of the aert flve yeara, The Coopaay ehall refund to Tbe Developer ae folloea: a. The euD of tro buailred oloc dollere and elghtee! certr, (1209.18) for each acceas ll.se ln aervlce ln the above developoeDt. b. Sald refuod ehall not apply to thoae accees lloee for whlch a refund hae beeo prevloualy glveo by The Coupany to The Developer, and a refund shall oot be glveo unleag there la a total aet atrnual lncrease 1o acce8o 1loea frou the precedhg Perlod l,u whlch 8 refutrd waa glven. c. Ir oo case n111 tbe refund be greater tbaa the total f8clllty charge aeeeseed by The Coopaoy (110249.82) or erceed the euo of (1209.f8) per acceso l1ue ln 8ervlce, and lf after the ftfth anolversary there 1e aoy reoalolng balance whlch has oot been refunded to The Developer because of lack of accees llne developuent, that sun ehall be retaloed by The Coopaoy aud oo furttrer refunila rlll be oade. d. No lnterest shall be payable to The Developer uPor the anounta aubJect to refuod uader thle agreenent. e. the refuqds conteoplated hereln are based oo coopleted lostallatloo costB per access llne for the teLecoonunicatlon facllltles cootracted for herelo. It le the Developerte reapooelblllty to lotlfy the Coopauy of oay chaoge of addreae for purpoeee of refuoda bereuoder Ln eccordauce rlth paragrapb 15, belor. fhe Conpaoy ahal1 have oo reepoaalblllty for fallure to Dake refuoda tf the Developer baa ehaoged lts addreea aud haa falled to DotlfY the CooPaoY. 0n the flftb eoil flaal aoolversary date, a refuud s111 be nade for all acceaa llses that bave not ptevlouely beea tefuniled for lf they have beea lo aervlce st eBy tlue durlog tbe ltfe oJ tbe egreeoeat. 7. It ls noilersqood atril agrced thst the conalderatloo pald by The Developer la a charge for the cost of, provldlag teleconmunlcatloa fscllltles to thla type of area aod 18 oot e ilepoalt for securltYr oor are auch payoeata appllcabte to hatallatloa chargea or the regular Doathly charSes for such eervl.ce as provtded lu the ftled tarlffe of The Coopaoy, aod the charge doee oog vest owoershtp of the fectltttea 1o The Developer or eubsctlber aor does the charge treaerve aoy central offlce equlpneot Dor lat feeder fecllttlas. 8. fbe faclllty cbarge aod refugd Procedure'provided for purauaot to thls agreeDeot does aot sstlsfy the tooe conoectloa aud coostructl.oo chargea vhlch oay be payable by the lndlvldual custooele ae requlred by tarlff. The Developer ahall not repreBeot that the payneut of, the faclllty charge by The Developer allevletee the lodlvtdual custooerr e reepoostbtltty to pay other approprlate chargea wheu tegulred by tarlff. 9. Aay type of coratructloo requesteil by lbe Developer other thao nornal coBatructloo propoeed by The Coopaay ahall be aubJect to addltlonal cbargea as grovlded la fhe Coopany'e tarlffa, aud auch cberges ehall aot be aubJect to refuod. 10. In the evelt acceaa llte developoeot does Dot reeeh 49 acceaa llnee rtthlo flve yeara frou the date of thls agreeoeot, The Coupaoy ehall heve oo obllgatloo !o contlBue to provlde the fabtlttles lot in uee nhl.ch were placetl or tegerveil purBuant to th18 agleeBeot. In the eveot of a lacL of acceaa llae developneot, The Coopany Day renove or otherrl8e utlllze aoy facllltlea rhlcb are ls erceea of the aoount ls aervl.ce oo the flfth aontvereary date, aod The Conpany ehall have oo obllgatloa to serve aubeequent cuatooera 10 the developoent other than pursuaot to appllcable tarif,fs thea on flle aotl !a effectr rlth The Cooolee{oo. 11. Thle agreeDent 6ay oot be aaelgaed- by The Developer wtthout the Prlor urltten coDaelt of lbe C ornPaaY. 12. Thta agreerent ahal1 lnure to the beueflt of and be blndlng uPoo the guccesaora lD LDtere6t soal Per8ltted asalgaees of the Partles bereto. 13. The Conpaay reaervea the rlght to cotrstruct etce36 capaclty lnto the facllltlea belag coaatructed pursuatrt to thls sgreeEent. The addltlonal coats of the erce6B faclll.tles are rot locluded 1n the chargea set forth above, aorl the Developer s111 not be llable for euch edilttlooal costs. Io the eveat that addltlooal Per8oos apply for servlce aubeequeot to the coBetructlog of faclutlee purauant hereto, Ihe Coopaoy thall charge to euch aubsequeot appllcante, feee aod coostructloo cbargee a8 Eey be appllcable under the tarlffe lhen oE flle and lo effect ltlth The Comnleglor. The Developet shall oot be eotltled to aoy refund or reductloo 1o charges by teason of the Provl8lod of auch servlce to such sddltlooal appllcante. f. E. ! F I I i i 14. Iu tbe eyeDt any legal actlou 1a requlred thl,8 agreeoert, tbe prevaillng party ahall to enforce the provlalona of be entltled to recover sll feea. the feeder coete of ault, lncludlng reaaooable attorueyre 15. Aay aotlce betweeo the partleo and peyoeot of faclllty charge aod refuod,pur8uaot to thl8 agreeDeut, ehal1 be glveo la trrltl.Dg, hand deuvered ot ualled by unlteal states nalll poEtate prepald, addreaaed, tf. to The CoEpaBy to: The Mouotala States felephone aod Telegraph Coopaoy Mr. too Gtbaoa, Asoi8taot Maoager P. 0. Bor 1976, 1005 17th Street Deuver, Colorado 80202 aod lf to The Developer to: Tood Creft Eoocs Attar GarT Eerger 1588 9uaaer Ct. Lovclaod, Colorado 80537 anil aball be effectlve wheo traod dellvered or poetoatked, whlchever le earller. changee by eltber party io the dealgnatione uuat cooply sltb the above. DBTUITIONSS 16. The follorlog defloltloos are appllcable to tbl.e agreeoent: Acceag Llne. The teleconnuolcatlor clrcult that etteods froo the cuatoDerrB terDloatloo potDt to s ceotral offlcer ceatral Office. A awltchlng unit lo a telephotre aysceo, provldlng aervtce to the geoeral publlc, havlug the neceaoary equlpneat and operatlng arraogeoeste for ternloatlog and lotercoanectlog access 1ioee. Dlstrlbutlon Facllltlee. A11 telephone plant betreen facllltles aod the custooerrs terBloattoo polot. Feeder Facllltles: The telephooe plant betreeo tbe ceDtral offlce aod d!.etrlbutloo f acllltlea. Tarlff; A docuneot flled by The coopaay rlth the publtc uriutteB coonlgeloo rtrlch ueta the coonuolcatloo aervLcee aod producte offered by The conpaoy aud glvee a schedule of ratee for thoee eervlcee and producta. Acceaa Llne lo servLce: A telecoonunlcatloo cl.rcult for whlch a cuatoue!la paylug the uoathly rate aB called for ln the tarlff. IN llllt{8ss UAER8oF, tbe pertles hsvc erecutcd thlr rtrreDeot tbc doy eotl ycor rggearlug os tbc fl.ret page of tbla rgreeaeot. TIIE IIOI'ilTAIN STATES TEIXPBONB AIID TELECEAPII collPA{Y, a Colorailo Corporotlon Tlrlc d* fltle ArrBsT/rfITr{8ss l BNIEII E s. tr--..--- -^, - '*-f$fifttffi'dugF. l a Our agency has reviewed the ,Environmental Impact Report Meadows Subdivision request. EIJ( MEADOWS SUBDIVTSION Elk Meadows and has no Subdivision concerns with the Elk Yes' our aqtency has the following concerns with the Elk Meadows Subdivision request: Representing: X tf ELK MEADOWS SUBDIVISION Our agency has revievled the EIk Meadows Subdivision Environmental fnpact Report and has no concerns with the El_k Meadows Subdivision reguest. Yes, our agency has the following concerns with the E1k Meadows Subdivision request: Liru Name Representing: West Gas Date: 5-29-8 r.* * * N E l.l O R A N D Uf.l * *.t.i TOr KRIETIN PRITa FRot'fr lllqE HcBEE/iy' DATE| MAY zEr t4977 REr ELK l,lEADOt{g *********t'** Having revi€r'frd thtr E. I.R. for Elk Meedowe r I hevo nrdr the f ol I owi ng coJnmints! 1. UFC lO.zo7(d, requlrm an rl1 wcether driving gurfece eccording to Town of Veil ltlunicipal Codr. 2. t.lert turnrround dspr not mcct uFC 1o.2o7(s) or (h,. T[Yr#.ttK 3. Fire hydrente do not meet UFc ro.3ol (c). t rtv"/,"&dtt1.t 4. l'lovr hydrrnte to withln gix feet o{ roedway. / a(! R-;s:Al I L BN ,.f gr Sr t I I I I 1\.ll I Jt- - -'--1-- - --Ad .+' ,l- tn/t S h 4to Rst( Srcp ----ao: ---+L f - --r,o'- lto kolft 6 o^F< Ar'gle hn,AloB rs 65o SfARr Ausle lo"^ I lo D ts g8o ffi o tt ,.1*(,,r. "$0$i''' i-e:" ii -, r\n"l . i._. i !l 1. rgJ'r'" I if,]i r: i- ' 8ox No. 978 Avon, Colorado 81620 9495072 Oenver 893,1 531 IInter-ilIountain lErulfneering:rra- May 27, 1987 Michael J. Lauterbach Lamar Capital Corp. Box 3451 Vai l, C0 81658 Re: Phase 3, The Valley Project No. V-7077G GTA; cjn Dear Mike: , As requested, compaction testing was performed on gravelly cobble fill for a road at the above referenced site. The resuits of these tests are enclosed. _The soils report you provided me did not have any informat.ion supp'lying Proctor values. A standard proctor test (AST}4 D-699) was performed and the results were as follows: l,laximum dry density 135.0 pcf 0ptimum moisture content 7.5% This Proctor will be referred to as Curve llo. 1. If we can be of further assistance, please feel free to call. 'l120 Vanc€ Slreel Lakewood. oolorado 8021 5 Phoner 232{158 Si ncerely G."Thomas Allen, P.E. Project Engineer ct E -t I {l 6q ->.1!O<.J'oo o ozt.-' n D on{o !oox or>I oro ll "I .J oo o .rrr!rooo o>oo \-EO DI --- IFF Eg EE 3.I nt tr E r ! R TI t o ^o to o'OO|.-Ol o DTDC oooH D. {I D <tt oo>FDZF Ur.OO oDrtD o z o (J! (Jl (tt ('l '\ \ -\ '\ o) (.lJ (, u)-\.\..\..\coco@co \ \\.1 ! U B {rrl l.r) r|, o (tI -t o (D ao o o q q (D vl tl o)(t It :(tl 'ct 'o -E rc,!38!-:-rJ-t oooo xxxx u, at1 an u1 ct cf ct a+oJl)r0ro, Frr{oo ++++OTOc'tJ>OO('r(-'l -1 -55-:oooo r|, q, 0, o,ao-oo_ (,)oool (D(D(Doi ctc+cfc+l (D(D.D(I'l T-r5-tl I I ==:J5l (D.D'D(Dl 5 o {6 z (Doo(D xxxx vt <n ln ur c+ i+ ct cf ut ln tA vt T-t'J-t -t -rr -b -tl @ E rtr ef,-f trt {o6 z Ot (tl ! \r (, u) Fr lJ Ae 3 o 6 c-J f,,m -D T'T -o ia tn ;q -.ti (^) -{ rrt r t-rn a c 3 3 'D -7t a<{o -n v lllo 70 E=dB o 6 z Fr !J Fr t-r cd q, (, t\)ts+o)cD OHOO (o(oo\o N(OO+ o(r@ o F j{r)o rrP (n -l o o _t't ^r5s -l 6 z (o r.o (o (o (.'t ('t (tr (tl Bt FE 9i gE ,-i (n g \-: 6 ! c,-{ <J rE O=\.t :\c, HHHFI c)c {fn z I iili 75 3oulh lronlage road Yail, colorado 81657 (303) 476-7000 olflce ot communlty development May 27, L987 Mr. Michael Lauterbach P.O. Box 3451 Vail, Colorado 81658 Re: Elk Meadows: Lionsridge Subdivision (The va1ley), Filing No. 2, Phase III Dear Mike: After reviewing the proposal for urajor subdivision and special development district reguirements, the folrowing infornation is needed: I. Maior Subdivision Information A. A topographic survey that is certified by a Colorado registered land surveyor. Ttre survey should also indicate total acreage for the entire parcel , the size of each building envelope, the width of easenents, and edge of pavement for Lionsridge Road. B. Proposed streets should show approximate grades in percentage and areas with cuts and fil1s exceeding six feet. C. Utilities are indicated on the p1an. However, the size and invert elevations of sanitary sewers, storn drainage facilities and water mains must be indicated. The Fire Department has also reguested that rnain sizes for firl hydrants be provid6d. D. Drainage conditions on and adjacent to the tract including location and extent of water courses,perpetual drainage easenents, and Location of natural springs and ground water should be indicated on the site plan. Essentially, you need to develop a master drainage plan for the project. Bannerrs letter is dated September L8, L986. At that time, this plan vras not even developed. My opinion i_s that you need to update the Banner information and provide a revj-sed master drainage plan for the project. Pettygrove nakes sorne statements about drainage in his letter dated February LgB7, however none of this inforrnation is on the site plan. Existing conditions on adjacent l-and need to be indicated. In most cases, open space exists around the project. However, to the east The Va1tey Condominiums should be shown on your site plan. As stated in the Subdivision Regulations, the objective is to show how the prelininary plan interfaces with atl adjoining properties and uses. probably the easiest way to show these relationships would be to use the original PUD nap showing The Valley Condoniniuns to the east and the proposed phase to the southwest of Phase III. A11 areas of 40? sJ-ope or greater and rock falI areas should be indicated on the site p1an. Even though the zoning for the property is Residentiat Cluster,due to the fact that you are creating single family and duplex structures, you are meeting the intent of Section 18.59. O4O of the zoning code whj.ch allows construction on 4Ot slopes only in primary/Secondary, Duplex and Single Fanily zone districts. we have revj.ewed this decision with Larry Eskr.rith and he agrees that i.t should be noted in the Special Developrnent District that you are rneeting the intent of this section of the code. A1so, I would like to know how Nick Larnpirisr letter dltgd November 3., i.986 relates to your new site plan.Nick seemed very concerned about locating the units below Lionsridge Loop road. He states that a j-0 to 12 foot structural protect.ion would be necessary.Don Pettygrove states in his letter that 6 feet of verticaL wall is necessary. I would like to see a north elevation showing the structures along Lionsridge Loop road. Letters from all applicable utility agencies verifying service should be subnitted. at the time vou submit for final plat review. A soils stability analysis rnust be subnitted. On page 1-0 of the Environmental Impact Report, you refer to a Chen and Associates, Inc. study. -This -=tuAy shouLd be subrnitted for our review. r. H. The Town Engj.neer has reguested that you subrnit Schedule B of a title report for the property to check easements. In the Declaration of Protective covenants for the Elk Meadows Subdivision, you mention on page 2 that the Design cuidelines may be adopted. The staff would prefer to change the wording in this section in the fol-lowing way: "Guidelines for the development of the building envelopes and tracts sha11 be adopted by the committee, which shal1, among other things,interpret and/or implenent the provision! of these protective covenants. Guidelines may be amended from time to tirne with the najority vote of approva] fron the cornrnittee and approval of the Town of VaiI Design Review Board. The guidelines wiII be available fron the Chair of the Design Comnittee and Town of Vail Conmunity Developrnent Departnent. 1l I also suggest that you subrnit the inforrnation that was provided for the road perrnit fron Eagle County.Bill- Andrews will want to review this perrnit. I would also call hin to find out if thele is any additional inforrnation concerning the roads that he needs at this tirne. ft is my understanding that the Eagle County road perrnit only covers a portion of the road. II. Special Development District fnformation: A. An open space and recreational plan must be subnitted. you nay choose to slate that the site is not conducive to adding recreational amenitles and that the scale of the project does not lrarrant a recreation p1an. Open space is naintained by preserving the meadow and hillside areas. you may also want to mention the recreationar arnenities tirat are in the other phases of The Va11ey project and how they will relate to your developnent. - B. Existing and proposed contours should be indicated on the site plan afte=-rading and site development work for the road. I understand that it wiit Ue inpossible to show proposed contours in the buiLdincr envelopes, as you are not able to determine exactly how each owner will develop. I. J. K. c.A preliminary landscape plan should be submitted that shows existing landscape features to be retained or removed and proposed landscaping for the overall site. I strongly recomnend that you use landscaping to buffer your project, from The Val1ey Condoniniurns to the east and tbe proposed Phase VI to the southwest. f would also ernphasize in particular the entry for the project, parking areas, and screening of the development along Lionsridge Loop. If at all possible, I would suggest that you try to pull back the guest parking out of the meadow area. perhaps you could provide parallel parking and also decrease some of the guest parking. As the parking is designed right now, it does inpact the rneadow area to a great degree. A preliminary special developrnent district narrative should be provided which would list: 1. The purpose of the special developrnent district 2. A section that addresses the total acreage of the site and the fact that a special development district is being created to handle developrnent on the parcel of Land. 3. Permitted uses 4. Conditional uses 5. Accessory uses 6. Developrnent standards that will include lot area, setbacks, height, density control, site coverag:e, landscaping, and parking. 7. Design standards which would incorporate the Design Guidelines that you are rec-ornrnending in the Environnental Inpact Report on page l_G that relate to the design of the buitding and perhaps landscaping if you choose. You- should provide a written statement respondj-ng to each of the points outlined in Section t8.aO.OeO-Design.Standards for the development plan.8ssentially, these address a buifer z-one, circulation systern, functional open space, variety in terms of developnelt, privagyr pedestrian trafiic, building type, building design, and landscaping. D. a F. The Special Developnent District zoning also states that the recreation anenties tax should be stipulated in the $pecial DeveJ.oprnent District ordinance. I will recornrnend that we use the Residentia] Cluster recreation fee per square foot of 9.3o. In general-, the staff feeLs that this proposaL is an improve-nent in respect to what was originaLly proposed several roonths ago,. We also appreciate the fact that you are decreasing the nurnber of units fron the allowable by one unit. BeLow is a Echedule for the review of this project assuming that you get approvals at each review: June 8 June 1"5 June L6 JuLy 7 JuIy l-3 KP:br cci Peter Jamar Planning and Envl-ronrnentaL Cornrnission: Review of the Specia] Development District and Major Subdivision reguests. Submit for final- plat contingent upon approval of the SDD ordinance at Town Council second reading. Town Council neeting: First reading of the SDD ordinance and approval of the Major-subdivision Preliminary Plan Town Council neeting: Second reading of, the SDD ordinance Planning Comnission final. plat review _r_ would appreciate it if you would subnit this inforrnation by wednesday, June 3, l9B7 at 9!oo A.M. rf you have any furthlr guestions, please feel free to call me. SincereLy, il I 0l Xnrfnn YdL Kristan Prftz Town Planner EI,K MEADOWS SUBDIVISTON Our agency has reviewed the E1k Meadows Subdivision Envj.ronrnental Irnpact Report and has no concerns with the Elk Meadovrs Subdivision request. Yes, our agfency has the following concerns with the Elk Meadows Subdivision request: Representing: Date: 75 soulh fronlage road vail, colorado 81657 (303) {76-7000 ottlce ot communlty developmenl DATE: ?o: ATTENTION: FROM: SU&fECT: May 26, L987 Holy Cross Electric Mr. Howard Scarboro Conrnunity Development Department/Kristan pritz Review of Elk Meadows Subdivision: phase Iff of the Valley, a portion of parcet A, Lionsridge Subdivision, Filing No. z .A,ttaehed is a.copy of the Elk ltteadows Subd.ivision proposal .The.request will be reviewed by the Town of vail nlanning and ,En*vironmental Comrnission on June 8, 1997. The Town stafi is interested in any eohments you may have on the proposaL. We are_asking that you submit your conments no later than June 3,1987 at 5:00 PM. Ehclosed is a Comment sheet and self-addressed, starnped envelope. You may indicate that you have no comments or eoncerns on the projeCt by merely checking the rrno further eommentrr box. If you have eoneerns wj_th the proposal , please a:Ireck the commeht box and list your concerns in the space provided. _Thank you.for y6Ur Cooperation 6n thj-s project. If you have 31V Oiestj-Ohs, please fee.l free to eall Kristan prit;, Town Planner, at 476-7000, ext l_II. \ 75 soulh fronlage road vail, colorado 81657 (303) 476-7000 DATE: TO: ATTENTTON: FROM: SUBJECT: olflce of communlty development Ylay 26, 7987 Public Service Conpany Mr. Gary Ha11 Cornmunity Development Department/Kristan Pritz Review of Elk Meadows Subdivision: Phase III of the Valley, a portion of Parcel A, Lionsridge Subdivision, Filing No. 2 Attached is a copy of the Elk Meadows Subdivision proposal . The reguest will be reviewed by the Town of Vail pJ-anning and.Environmental Comrnission on June 8, L987 . The Town staff is interested in any cornments you may have on the proposal . We are asking that you submit your comments no later than June 3, 1987 at 5:00 PM. Enclosed is a comment sheet and self-addressed, starnped envelope. You may indicate that you have no comments or concerns on the project by rnerely checking the rrno further commentrr box. If you have concerns with the proposal , pJ_ease check the conrnent box and list your concerns in the space provided. Thank you for your cooperation on this project. ff you have any questions, please feel free to caII Kristan pritZ, Town Planner, at 476-'7000, ext 111 . \ 75 soulh trontage road vail, colorado 81557 (303) 476-7000 DATEs TO: ATTENTION: FROM! SUBJECT: olllce ol communlty developmenl Nlay 26, L987 National Forest Service Mr. Bob Poole Conmunity Development Department/Kristan pritz Review of Elk Meadows Subdivision: phase flf of the Valley, a portion of Parcel A, Lionsridgre subdivisionr Filinq No. 2 Attached is a copy of the Elk Meadows Subdivision proposal .The.request wil1.be reviewed by the Town of Vait pLanning and Environmental Commission on June 8, L7AT . The To\^rn staf i is interested in any conments you may have on the proposal. We are, asking that you submit. your conments no later than June 3,1987 at 5:00 PM. Enclosed is a comrnent sheet and self-addressedr'stamped envel-ope, You may indicate that you have no comments or concerns on the project by merely checking the ilno further commentrt box. ff you have concerns with the proposal , please bheck the, cornment box and list your concerns in the space Provided. fhahk..you for your cooperation any. questions, please feel- free Planner, at 476-7000, ext l1I. on this project.-to caL1 Kristan If you have Pri|-z, Town 75 soulh trontage road vell, colorado 81657 (3o3r 476-7000 May 26, ]-98'I TO: ATTENTION: FROM: SUBJECT: Thank you for your cooperation any questions, please fee] free Planner, aE 476-7000, ext I11. ottfce of communlty development Upper Eagle VaIIey Consolidated Water District Fred Haslee Conmunity Developnent Department/Kristan pritz Review of Elk Meadows Subdivision: phase III of the Valley, a porlion of. Parcel A, Lionsridge _ _ Subdivisionr. Filing. No. 2 Attiched is-a copy'of ttre Elk Meadows Subdivision proposal .The.reguest will be reviewed by the Town of Vail planning and Environmental Commission on June I, 1987. The Town stafi is interested in any cornments you may have on the proposal . Ive are asking that you submit your comments no later Lhan June 3,1987 at 5:00 PM. - is a comment sheet and setf-addressed, stamped You may indicate that you have no comments or on the project by merely checking the ilno further boI. If ypU have.concerns with the proposaL, please go4mept pox 4n{ list your concerns in the space on this project. If you have to call Kristan Pritz, Town x 75 south tronlage road Yaal. coloredo 81657 (303) 476-7000 DATE: TO: AfTENTTON: FROM: SUBJECT: oftlce of communlly developm€nl Vlay 26, L9A7 Mountain BeII lfr. cale Loesch Cornrnunity Development Department/Kristan Pritz Review of Elk lleadoh/s Subdivision: Phase III of the Valley, a portion of Parcel A, Lionsridge Subdivision, Filing No. 2 Attaehed is a eopy of the Etrk Meadows Subdivision proposal-. The requeSt uill be f6Viewed by the Town of Vail planning and Ehvirbnrnent,aL eotnmiSsj-on on June 8, 1987. The Town stafi is :lnterested in any comments you may have on the proposal . We are asking that you gubrnit your conments no later than June 3,L987 at 5:00 PM. Enclosed is a comment sheet and self-addressed, stamped enveLope. You may indicate that you have no comments or eoncerns On the project by urerely ehecking the rrno further eommentrt bax. If you have eoheerns with the proposal, please 6heek the doffineht box and list y6ur Concerns 1n the space provided. Thank you for your cooperation on this project. If you have any questions, please feel free to call Kristan Pritzf Town Planner, aE 476-70OO, ext IlJ.. X 75 soulh fronlage road vail, colorado 81657 (303) 476-7000 DATE: TO: ATTENTION: FROM: SUBJECT: ottlco of communlty development May 26, 1987 Heritage Cablevision Mr, Gene Larson Comrnunity Developnent Departnent/Kristan pritz Review of E1k Meado!,rs Subdivision: phase III of the Valley, a portion of Parcel A, Lionsridge Subdivision, Filing No. 2 Attached is a.copy of the Elk Meadows Subdivision proposal.The.request will be reviewed by the Town of Vail planning and Environmental Commission on June g, I9g'7. The Town stafi is interested in any comments you may have on the proposal . We are asking that you subrnit your comments no latEr Lhan June 3,1987 at 5:oO Pll. Enclosed is a comment sheet and self-addressed, stanped envelope. You may indicate that you have no comments or concerns on the project by nerely checking the rrno further commentr box. If you have concerns with the proposal , please checlt the comrnent box and list your concerns in Lhe space provided. Thank you.for your cooperation on this project. If you have llY guestions, please feel free to call Kristan pritl , Town Planner, at 476-7000, ext 111. 75 south tronlage road Yail, colorado 8'1657 (303) 475-7000 DATE: TO: ATTENTION: FROM: SUB.]ECT: oftlce ol oommunlty developmenl May 26, L987 Pub1ic Works Department Mr. Stan Berrynan, Mr. BilI Andrews Cornrnunity Development Departnent/Kristan pritz Review of EIk Meadows Subdivision: phase ffl of the Va1ley, a portion of Parcel A, Lionsridge Subdivision, Filing No. 2 Attached is a.copy of the Elk Meadows Subdivision proposal.The.request will be reviewed by the Town of Vail planning and Environmental Commission on June B, 1987. The ?own stafi is i-nterested in any cornments you may have on the proposal. We ire asking that you submit your comments no later than June 3,1987 at 5:OO Pl,I. Enclosed is a cominent sheet and self-addressed, stanped envelope. You may indicate that you have no commenti or concerns on the project by merely checking the rno further eomnentrr box. If you have concerns with the proposal, please check the courment box and list your concerns in Lhe space provided. Thank you.for your cooperation on this project. ff you have 3lY guestions, please feel free to call Kristan priti, Town Planner, at 476-7000, ext 111. 75 south lroniage road yall, colorado 81657 (303) 475-7000 DATE: TO: ATTENTTON: FROM: SUBJECT: olflco of communlty deyelopment Ylay 26, L987 Vail Fire Department llr. Dick Duran, Mr. Mike McGee Corununity Developrnent Departrnent/Kristan pritz Review of Elk Meadows Subdivision: phase III of the V:lley, a portion of parcel A, Lionsridge Subdivision, Filing No. 2 Attached is a.copy of the Elk Meadows Subdivision proposal .The.request wilr be reviewed by the Town of vail nlanning and Environmental Cornmission on June g, IgA7. The Town stafi is interested in any corqments you may have on the proposal . We are asking that you subrnit your conments no later Lhan June 3,1987 at 5:00 PM. Enclosed is a comrnent sheet and self-addressed, stamped envelope. You nay indicate that you have no comments or concerns on the project by merely checking the nno further commentrr box. ff you have concerns with the proposal , please check the cornment box and list your concerns in the space provided. Thank you.for your cooperation on this project. ff you have 3lY guestions, please feel free to call Kristan prit;, Town Planher, at 476-7O0O, ext 111. 75 soulh troniage road vall, colorado 81657 (303) 476-70C0 DATE 3 TO: ATTENTION: FROM: SUBJECT: offlce of communltt developmenl May 26, L9a7 Vail Police Department Mr. Ken Hughey Cornnunity Development Departrnent/Kristan pritz Review of Elk Meadows Subdivision: phase III of the Valley, a portion of parcel A, Lionsridge Subdivision, Filingr No. 2 Attached is a-copy of the Elk Meadows Subdivision proposal.The.request will be reviewed by the Town of Vair elanning and Environrnentar commission on June g, 1997. The Town stafi is interested in any eornrnents you may have on the proposal. We ?l?_"sl(ilg that you submit your comments no later Lhan June 3,1987 at 5:0O PM. Enclosed is a conment sheet and self-addressed, stamped.envelope. You may indicate that you have no comments or concerns on the project by merely checking the nno further commentrr box. If you have concerns with the proposal , please check the compent box and list your _cgncerns in Lhe space provi{ed. Thank you.for your cooperation on this project. If you have any qqestions, plegse feel free to call Krlstan prit2, Town Pl-anner, at 476-7O0Q, eXt 11I. ?., .,/ EIJK MEADOVIS SUBDIVISION our agency has revieued the Elk Meadows Subdivision Environrnental Impact Report and has no concerns with the EIk tleador'rs Subdivision request. Yes, our agency has the following concerns with the Elk Meadows Subdivision request: Nane Representing: Date: fdc illL.| , {zur't4 o PROJECT: DATE SUBI'IITTED: COI",I4ENTS NEEDED BY: BRIEF DESCRIPTION OF THE PROPOSAL: INTEP.-OEPARTMENTAL REVI Etll DATE OF PUBLIC HEARING Revieried by: Coninenis: Date FI RE DEPARTI,IENT Reviewed by: Conments: Date ||lradA^,1 {'\00 POLICE DEPARTI4ENT Reviewed by: Conments: Date REC IEATi ON DEPARTI,IINT Reviewed by: Co;;ents: t E,- Date l I I I'ITER- DE PARTI-4ENTAL REV I Elt| DATE OF PUBLIC HEARING o //z({ Zercil PROJECT: DATE SUBI'IITTED: COI".I4INTS NEEDED B BRI EF DESCRIPTION OF THE PROPOSAL: Date ,No S.tler=u.e- B auTt f Aa- ,1e17/zr c 7za'.J /r-e,"s /l* fi*.+- tftfr.rt*- oate Fzz-a2 FIRE DEPARTMENT Reviewed by: .zVt6tos Conments: . 1^zZc-4.-24 POLICE DEPARTI4ENT .{2.€45<>2('--/t (b /h,a 7 ,4e- 22*,.a€I ()'tt-l t v {\.1 Reviewed by: Cornments: Date Reviewed by: Com:nts: PUELIC I{OR P,eviewed by: Ccn:i,ents: Date o o dJ. f,p 5m,tY i1'^'*{ ''*:c M' 6;,ilh 1, ,..pr^t '*tull'''e i i lir't@\ 6' rll gf'^ \\i*+t i,r.1 .Inur{'fbu o{. 9A !'r'tr lV^,$t""t# fnoA'lw {tufu*Jor*' $,;r^.f *od^t t 4' $k l@' rflj! ilTr't*p$ w,:#ffi,#, u7. ,u'tl'.,lf' :fl [. 1\. ]. ,t (' ,r1. lo ll, {0}o t\,+e. l*;T,,',r "nt "f*"wtfrffiffil.l W|XW -'1't cnwld ffi\,i;^ ,n ,*rlrrr^r rqvi€^ t t n'Jffi{A ?M: 'ifu*? $. it an^btr"-'T't :Pry1 $\*r +D r tr* ilhI {ilrB cf f+tc*gr+' ','4fu*' /l-')l\,/ /t)lv A}\_/ 5s' 6rd&fu 4'S rul ttdorrr*^t ff&h*ffi\,urs "\^r {\u,' aflSupQ !4. l\q.r n& \q\l.i ,d{&*"fvo,XffiU ,i ^A ft' \ n' dffi,o \ n^U;\0 {rc'&) rAGLE G@UNTY NfiTM] @RANDUNN T0: Susan Vauqhn FR0M: Aercy Assl€&- RE: update on Lions Ridge Drive (Lamar capitar corp., Mike Lauterbach) Bp#30r5 DATE: May 11 , L987 After investiqation requests from the Town.of vair and people from The valIey,it was reveal6d that-work "ir t"ing"ione without proper testing and an fil}tff.i$$rreport. A stop work orier was priceo ;r-;;; proi..i on-weJnesoay, I talked to Mr. Lauterbach on Thursday, May 7, 19g7, about the stop work order.He told me that he wou'rd have John lruiiorn surveying and iesting at the project site on Friday, May g, 19g7. lJ'ith this promise, the Building Department removed the stop work order. John MacKown called me on Friday, niy-aih, -ina asteo ir rre-couii wait unt.i .l Monday,due to the tim'ing for him ina nis cr6w. I tord trim it-wii-oray. llol9uyl May 11' 1.987, a^meeting was held with a representative from the Town of Va'it, county ptanneri, county Ergi;e;;;; p"opt" fr;m-ih;-v;itey ano mysetf. It was discovered that the work-and"the "n6iheeiins i"ing ion" did not per:tain to an approved set of ptans from either th6 rown oi viii'or-Eisre-counti: -' '-- Consequently, a stop work order was again placed on the project. cc: Susanna Struble Jim Fritze Files rt \o'May 11 , 1987 '\ A.APPL ICANT APPLICATION FOR MJOR SUBDIVISION REVIEW (more than 4 lots) Lamar Capital Corp. ADDRESS P.O. Box 3451 Vai1. Colo PHONE 476-6944 81658 a c. NAME OF MA IL ING NAME OF MAILING NME OF OWNER'S MAILING APPL ICANT'S REPRESENTATIVE Michael Lauterbach ADDRESS P.o. Box 3451 Vai1, Colo 81658 PROPERTY OI,INER int or tvnp'l Lamar CapiEal Corp.VJ Y9 I S IGNATURE Vice-President PH0NE 476-6e44 PHONE 476-6e44 ADDRESS P.o. Box 3451 Va1l. Colo 81658 D.LOCATION OF LOTS BLOC KS BLOCKS SUBDIVISION LOTS SUBDIVISION INCLUDE a ljst of all adjacent property owners and their mailing addresses. SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEW CRITERIA Submittal requirements, review criteria and the approva'l process for maior subdjvisions can be found in Chapter 17.'l 6 of the Subdivision Regulations. PROPOSAL tio"'" niag" S"tal r E. FEE $t oo.oo PArD t/,, /f ,----T----7--6*f,-lt^-( # ial/ F. CONSULTATION REQUIRED The first step is to request a meeting with the zoning administrator to assist in meeting submjtta'l requirements and give the proposal a preliminary review. G. H. 1, ! t.Application folrpecial Developrnent pistrl Development PLan D.Existing contours having contour feet if the average slope of the or with contour intervals of not slope of the site is greater than intervals of not more than site is twenty percent or more than ten feet if the twenty percent. five 1ess, average III. Time Requi_rements The Planning and Environmental Coruo.rission meets Mondays of each month. An application with the material must be su,bmitted four weeks prior to \J. A.proposed site p1an, at a scale not smaller than one inch eguals fifty feet, showing the approxi-mate locations and dimensions of arl buildings and. structures, uses therein, and all principar site deveropment features, such as landscaped areas, recreationar faciri-ti.es, pedestrian plazas and walkways, service entries, driveways,and off-street parking and loading: areas with proposed contouri after grading and site development; A preriminary land.scape plan, at a scale nol srnaller than one i.nch equals fifty feet, showing existing landscape features to be retained or removed, and showing proposed randscaping and landscaped site development features, such as outd.oor recreitional facilities,bicycle paths, trails, pedestrian plazas and warkways, water ieatures,and other eJ-ements; Preliminary building elevations, sections, and floor p1ans, at a scale not smaller than one-eighth equals one foot, -in suificient detail to determine floor area, gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. on the 2nd, and 4th necessary accompanying the date of the meeting. NOTE: It is reconmended that before a special developnent is subnitted, a review and conrnent meeting shoutd be Departmen t of Conmunity Developnent. district application set up with the 'l v /.-: l- i t,r on May 1l, 1987 Date of Appli APPLICATION FORM FOR SPECIAT, DEVELOPMENT DISTRICT DEVELOPMENT PLAN r. This procedure is required for any project that would 90 through the Special Development District procedure. The applicatj-on will not be accepted until all information is submitted,. A. NAI{E OF APPLICANT Lamar Capital Coro. ADDmSS p-o- 8." 34 81658 pHoNE 476_6944 NAME OF APPLICANT'S REPRESENTATIVE ADDRESS P.O. Box 3451 Vai1. Co Michael Lauterbach 8r 658 pHONE 476-6944 C. AUTHORIZATION SIGNATURE ADDRESS P.O. Box 3451 D. LOCATION OF PROPOSAI Lamar Ca ital Corp. Vice-President pHONE 476-6944 ADDRESS Lion's Ridge Subdivision The Val1e LEGAI DESCRfPTIOS See Above ), Filing //2, phase III E. FEE $1oo.oo PArD </,,/tr1 tat./,n"----7---r pret/t)6 4.1 A List of the name of owners of Subject property and their naili.ne II. Four (4) copies of the following information:. A, Detailed writ t en/graptr ic description of proposal.B- An environmenraf impacr re'pbil ;hJir'!;'iubmitted to administrator in accordance with Chapter 18.56 hereof by Section 18.56.030, exempt projecti; c. An open space and recreational plan sufficient to meet the demands generated lv tl9 deveropment without undue boia"n on avairabre or proposed public facilities; all property adjacent to the addres s es . the zoning unless waived ( 0vER ) A SUBJECT TO THE EXCLUSIONS FROM COVERACE, THE EXCEPTIONS CONTAINED IN SCHEDULE E AND THE PROVISIONS OF THE CONDITIONS AND STIPUI..ATTON$ HEREOF, TITLE INSURATICE COMPANY OF MINNESOTA,hercin cdlcd the Comprny, insurer, es of Drte of Pdicy rhown ia Schedule A, against loss or drmagF, not excceding thc rmount of innrrance stated in Schedule A, rnd c$tr, rttorncyr' fecs and expenses which the Company rnay bccome obligrted to pey hereunder, sustained or incuned by the innrred by rcason of: l. Title to the estate or interest describcd in Schcdtile A being rarted otherwiro thm er rtatcd therein; 2. Any defect in or lien or encumbrance on such titlel 3. lack of a right of accecs to and from thc lmd; or 4. Unmarketabilily of such title. IN WITNESS WHEREOF, the said Title Insurrncc Cornpuy of Minncrotr hrr caused its ctrporrtc mtm nl6$d to be hereunto affixed by its duly ruthorizcd officerr rr of the drte Crown in Sclrcdule A, the policy to bc vdid T'fi€n couniersigred by an authorizcd officcr or sgent of tho Comprny. FORiI B - 197O {Arnrnd.d t0-U-70} Jrrr.r lHsunaxce flomenruv or [[frrvucsorA e Stock Comprny of Minncrpolit Minnapta Jrr-r lxsunexce floryrraxv or [ffrnr*EsorA -El."Y*:R-=* Officer or Agent Secretary EXCLTXITOI{S FROi{ COYERAGE The following matters are expressly excluded from tlrc cowrrge of thii policy: l. Any law, ordinance or Bovernnrentel rcgulation (including but not limit€d to building and zoning ordinanccl) restricting or regulating or prohibiting tlrc occuplncy, urc or enjoyment of the tand, or regulating thc chanctcr' dimensions or location of any improrrment now or hererfter erected on the land, or prohibiting a sParation in . ownership or a reduction in the dinrnrion$ or erea of the land, or the effect of aoy violation of rny ruch law, ordinance or governmental regulation. 2. Rights of eminent domain or governnentrl righh of policc power unless notice of the cxcrci* ol srrch rightr appears in the public records al Drte of Policy. PoLrcYNo. AZ 382958 ATERICAI{ LA}IO TITLE ASSOCIATION OITI{ER'S POLICY 3. Defecls, Iiens, encumbranceg, adwrse claimr, or other mNtters (a) created, suffercd, essurncd or tgrecd to by the insured claimant; (b) not known to the Company and not shovn by thc public recordr but lnown to the inrured claimant either at Date of Policy or at the date such cl.imrnt ecquired.rn estrte or inter$t intured by thic pdicy and not djsclosed in writing by the inrucd clrimrnt to the Company prior to the date such insured cl.itnml became an insured hereunder; (c) resulting in no lors or damage to the inrured claimrnt; (d) attrching or crertcd subsequent to Date of Policy; or (e) resultin! in los or damage which would not hrve becn ructrined if the insurcd clainunt had paid value for thc estrtc or interest inared by this policy. ...? Form 130 2,/73 3OM l"-it Copvright 1969 Amcrlcrn Land Titt. Atroci!rion as msureor an damagvf or which the Company or (iii) if title to .l TII'1 truner's Form 2312 use loss of by virtue of File No, VOS$I6 GCHEDULE A (i) the actual loss of the insured claitnant; or stated in Schedule A;or Pol icv Na. AZSB:P. A Anount !t3?O, C)oC,. DC) A'Jdr.ess the 1. ?. Policv Date.' April Ol' l?€6 at glOO A.H. Nane of I nsr.rred: T-AT.IAR CAPTTAL CNRP$RATION, A NET.I JE.RSEY LORPC'RATIt]N The estate or interest in the lan"l degcribed irr this $chedule and uhich is covered bv this ',olLcy is! A Fee 4. 'iitle to the estate or inter.est covered b.r this pc, I icr, at 3. datc her.eof is v€Fted int .LAHAR CAPITAL I]TIRPTIRATION, A NEh, .IERSEV L1ORPOFATIflN 5. The I arrd referred to in this pal icy is gituated in EALII-E t]-ount'y, .Cc, l or.adr-,, and is described as fol I <ru,s: PARCEL I! A PfiRTION OF PARCEL A, I. ION."g RIEISE SUBNIVISION, FILING NO. 3 ACCORDING TO THE RECCIREIEII PLAT THERECIF, I:TILIN'IY fIF EAI{LE, STATE OF COLORAIIO, I.IORE PARTICULARLY BESI:RIBEE A:3 FIfLLI]I.'S: EEGINi\ING AT A P'JTNT ON THE SOUTHERLY RIGHT_CIF-WAY LINE OF .I..ION'S RITIGE LAAP, WHENCE TI'IF NORTH I1UARTER CSRNER LIF $HI::TII:IN '2, TOT,'NSHIP 5 SOUTH, RANGE 81 T.IEST CtF THE SIXTH FRINCIFAL .I.IFRIDIAN EEARS N$RTH 6C' TIEGREES 5:. HIhILITE.S 31? sE|]FNNs EAST 1259.53 FEET, THENCE THE FOLLCII",ING THREE COURSES ALCTNG SAIII SOUTHERLY RI6HT-OF-WAY LINE!(l) S 49 nEGREE$ 45 I,|INUTES 56 SECONITS 1.,50.77 FEETi (3) :40.ij1 FEET ALONG THE ARC OF A CURVE ICI THE RIGHT HAVINIi A RAII]LIS I]F 112:3.71 FEET, AN INTERIOR ANGLE OF 1? ['E6REF'5 1T f,IJ,NUIE$ :::: SECCINIIS, AND A trHORD WHICH BEARS S 55 NEGREES 5? I"IINUIEII I: SECONnS H ?4O.{tA FEET' (3) S 61 BEGREE$ $r3 ]'IINUTE:3 lil iqFr:fiNn$ LJ 456.74 FEET' THENflE NEFARTINCi SAID RICHT*CIF_I"JAV LINE SOLJ.TI I 11. DEGREE-:i 5? I4INUTES 06 SECilNnS F 63.01 FEET" THENCE N 7? OFI:RFEF ?6 I.IINUTES 4? SECONNS E 35.OO FEET, THENC:E N 76 TIETiREES 47 I'IINUTES S? SECCINn.5 E j.j?.54 FEET' THENCE S 44 LTEfiRFF':i 3'? I.IINUTES T€ $ETONES E *(t.(ICt FEET TCI A POINT ON THE SOI.ITIJET(L.Y BOUNDARY AF SAIN PARCFL A" IHENI:E 'IHF FtrIt-I:lHINT-i TWI] TIfLIR"1F6 ALON6 SAITI SOUTHFRLY BOUNIIARY! ( 1) N 68 NEGRF,ES 15 I'IINUTFq; OI) SEf,nNnE E 3?O.OO r:EET; (?) N 5Ct nEGRFES Cr5 MINI"ITFS (10 f,f:f:nNn$ F '(,O.O{, FEE.I.' THENT-:E NEPARTIN6 SAITI S|ILIIHERI.Y FTJIINNAEV N 37 'nFGREFS ? f4INt.lTF:5 5? SEf,fiNES tl tCrB.3{., FEEI , lllFN|:E fi 6? nEr:jRFF$- ,57 f'1INUIES r-,1 $ECCTNITS W t?l,scr FEEr, TIIENCE N 3 fiEr:iRl.:Es 5; Pase I This Pol icy val id only if Schedrrle F is attarhed, TII'| Olrlners Forn 2312 File No. VO8516 $CHEDULE A Policv No, AZSA?9Sri Amo u rr t tf ?2O ' O(]Ct. o0 . Address .lI T.IINUTES 59 SECONDS }I 9I.61 FEET TO THE POINT GF BEGINNING. PARCEL ?: CONDOT.'INIUI,I UNITS I-A AI{B 4-A SROJSE GI-EN AT VAIL CSNNNHINIUHS, ACCORDING TG TI€ RECORE€B }.TAP TIIERECIF AND AS DEFINED IN THE COT.IDOI4INIUI.I DECLARATIOIiI TI{ERETO RECOFDET.I JULY T4, IPSI IN B|]CJF| 325 AT PAGE 925, COIJNTY OF EAGLE, STATE OF COLORANC'. Pase This Pol icv val id onlv if Schedu le B is attached. a ELK II{EADOWS SPECIAL DEVELOPI4ENT DISTRICT 9URPOS.E: :=-- The purpose of the establishment of the EIk Meadows Speeial Developnent District is to al1ow greater fLexibility in the development of the land than would be possible under the current zoning of the property. fn order to help preserve the natural and scenic features of the siter building envelopes will be established which designate the areas upon t.he site in which developnent will occur. Ehe establishrnent of these building envelopes will also perrnit the phasing of the developnent to proceed according to each individual ownerrs ability to construct a residence. ACREAGE: The total acreage of the site is 3.6 acres. PERilITTED USES! The pernitted uses for the site are proposed to be: t. Single FaniJ-y Residential Dwellings. 2. Two-Fanily ResiclentiaL Dwellings. 3. Open Space. 4. Public and Private Roads. COMITTONAL USES: Conditional uses upon the site are proposed to be in accordance with Section 18.14.030 of the Vail Municipal Code, Conditional Uses, ResiclentiaL Cluster Zone District. ACCESSORY USES: Accessory uses shal1 be Cluster Zone District. 4." those permitted the Resiclential 1n DEVETOPMENT STANDARDS i Proposed Development Standards are as follows: 1. Lot Area - Not applicable; Building Envelopes govern. 2. Setbacks - llinimun setbacks for the location of structures with relations to Building Envelope perineter lines shall be as follows: a.No structure shal1 be located on the Utility Easenent as so designated on the final plat of the Subdivision. No structure shall be located less than two feet fron either the east or the west perimeter line. No structure shall be located less than three feel from the north perirneter line. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so l-ong as such roof overhangs and decks are totally within the perineter lines of the Building Envelope. G_ross Residential FLoor Area (GRFA)a building Building 1". c. d. 3. situated on a Sinqle Unit Residential Envelope shall. not contain more than 11777 square feet of GRFA; a building situated on a Two Unit Residential Building Envelope shall not contain *or",, than _ 3,r554 square feet of GRFA. Buildinq Feiqht - Building height shall be as governed by the ResidentiaL Cluster Zone District. Parkinq - Parking shall be provided in accordance with the standards of the Vail Municipal Code. Landscapinq - The entire portion of the Building Envelope not covered by pavenent or buildings shal1 be landscaped as well as any areas outside the Building Envelope disturbed during construction. Desiqn Guidelines - Design Guidelines to be adopted for the site are as follows: 4. 5. 6. a- b. Roof pitch shall be 4 feet in 12 feet. Roof naterial shal1 be netal and be charcoal grey or marina blue in color. either Siding material shal1 be either cedar or redwood and shaLL be applied horizontally as indicated on the prototypical building elevations. Only light colored stain shall be applied to siding. Either stucco or siding shall be applied to exposed concrete foundation walli. If stucco is utilized it shall be light in color. A11 windows shall be white metal clad windows. All decks and balconies shall be constructed utilizing 2 X 12 railings and posts that are at c. d. e. 9. least 4n All roofs in order x 4tt. shall have to protect overhangs of at walls and waIl least I foot openings from rain and snow and to contribute to the building's character. .RESPONSE TO DESIGN STANDARDS Buffer Zone: The nbuffering" provided type of project proposed proposed surrounding land strengthen this buffer. by the project is appropriate for the and the nature of the existing and uses. Landscaped areas will serve to 1n Circulation Systen: The access drive has been designed so as to adequately serve the traffic needs of the developnent. Due to the size of the project, the need for a separate bicycle path does not exist. Open Spaces Approximately 708 of the site is devoted to open space use order to preserve significant features of the site. Varietv: Design guidelines will be adopted to govern the character of the buildings. While these guidelines will resuLt in a certain uniformity anong building design, a certain amount of flexibility Due to the srnall size of the proposed project, separated pedestrian lrays are not needed. Buildinq Tvpe: The building bu!.k reguirenents as established are appropriate for the size and scate of the site and its surroundinqs. BUITDING DESIGN Orientation: The buiLdings will be oriented to take advantage of views into the open space and southern exposures. Spacinq: The spacing between buildings is indicated upon the site plan and provides areas for Landscaping, light, and air. . Materials: Materials have been specified within the design guidelines for the project. in building deslgn will exist. Privacv: Building Envelopes are adequately separated in order to provide spaces between residences and provide privacy. Pedqqtrieu - Traffie: Landscapinq: Landscaping wiLl be strictly controlLed by the goneowners Association as well as the Vail Design Review Board. Landscape provisions have been included in the proposed covenants ancl aie as follows: LANDSCAPING: The concerns of the Comrnittee sha1l be to inprove the natural appearance of the Subdivision and the maintenance of such appearance. owners and their representatives or builders will be required to: a. Mininize disruption from grading. b. Revegetate and restore ground cover for erosion and appearance reasons. c. Use indigenous species of plant materials as estabLished by the Connittee. d. SeLect the man-made elements that blend and are compatible with the }and. e. Use existing or natural. drainage paths whenever possible. f. Conserve and protect topsoil, rock formations and unigue landscape features. g. Sod such areas as determined by the Connittee. I Michael tauterbach tanar Capital- Corporatton P.O. Box 3451 Val1, Colorado 8L658 ltuy 6, 1987 Larry Metternick Eagle County Englneer Eagle, Col-orado 8f631 Dear Larry: Pursuant co my phone call today with Gerald Best whlch was precipLtated by the stop work order lssued in conj unctlon wlth butlding pernit nuurber 3015 for Lionsridge Drive, Lot IV, Block A, please consider our request for an extension of the above referenced pernit, Enclosed to.r yov.r review is the revised road proftle and the specificatlons. Due to the Jostling of the final plat approval process between the county and the Town of Vail, we have been unwilling to expend funds for the appropriate testing. llowever, the moment our plaa ls approved by the Town or County we will lnmediateLy conmence the requislte tests. In reference to our inrmediate lntentions, we are stockpiling structural f111 fron various sources around Vail on the basis of availablllty. Therefore, the current road alignoent may dlffer somewhat fron the engineered profLle. Please contact me 1f you bave any questlons or desire further iaformatlon to lift the Stop l,lo rk Order. Tbank you ln advaace for your coosideration. Michael Lauterbach rds , Eoclosures ROAD CONSTRUCTION TARI,E OF CONTIINTS l.0l Cctrcrnl A. Iingincore d and Approved Plans R. l,it'r'rlst.r; rtnrl I'crnt it lit'qrrl r('(l .. C. Inspect ion . . ..tr...... D. Ifarranty and Accept;rnce .. ...\_r.r.. E. Speci fications .. .r\i.. F. Utilicy Taps . ,......rr C. Norr-Act:t:Ptan('e ll()ld Stgn. ........\ I .02 Clear ing ancl (lrrrbbinti . . . . A. Scope . ....:. B, Li.mi ts o f tlork Arcas . . C. Clearing and GrubblnS .... D. Dispos;a1 n. Restorat ion . . A, Gener:al B. MaEerials C. ExecuEion 1 .04 Pavemenc Base Course 1 .05 Asphaltic Pavement 1.06 Culverts and 1.03 Excavat ion and [mbankncn! .. ... 4-L7 l&2 1 1 I I 1 2 2-4 l 2 2&3 4 4 4-6 6&7 7-L7 17&18 18&r9 19-21 t'\ICINEERING Z s'IANI)AR!) S l'ti(iI Ir I cAl't.oNS I,'OR RoAt) (x)Ns'fRUcTIoN l ot (;iiNRuAL { All. roitd consLrur.L io11 slr,irlI be rlorre :rccorrl ing Co thls speclflcation.The contractor shal1 also adhere to the following general condlcions: A. ENGTNEEREI) AND AppltovED PLANS - Road construetlon shal1 be done in accordanc. rviIlr enginc-c'red construcrion plans for the work,prepardd under Llrr.. d irttc tit'rrr of a Prof ess i-ona.L engi.neer and approved by Ehe owner. IJ. I,ICIN5I'S AND PEI{.I'lITS REOUIRED T'he contrac tor shall be responsible for obtairrirrg any necessary licenses and permlts and for complying wich an'"* appricabre federal , stace, county and municipal 1aws,codes, and regulations in connection witl'r the prosecution of the work,Johnson, KunkeL & AssociaLes, rnc. consulEi.ng cnl]ineers, shall be notlfied 24 hours before the planrred construction is Eo cormence and also before starting up whenc'ver c()nstruction is delayed for any reason. c. TNSPECTTON - Ar1 work shal1 be inspected by the engineer who shall have the authority to halt construction when, in hls oplnlon, Ehese speclf icat.lons or s Landard conscruction practices are nor being adhered to. I'lhenever any portion of Ehese specifica Lions 1s vlolated, the engineer, by written notice, shall order furt-her constructlon Eo cease until alI deficiencies are correc[ed. rf deficiencies are not corrected,performance shall be required of che contracLorrs surecy. D. t^IARRfu\ ly AND ACCEPTANCI] - The conrrac rot shal1 warrant all work to be free of defecEs in worknanship or maEerials for a perlod of one year from the dare of t:ompl etion of a1l construction. rf work meeEs Ehese speclflcatlons, a lctrer of acceptance shall be glven at the tlrne of completi.n. A finar acceptance lctter sha1l be glven upon final lnspec Eion at the cnd of che narrant.y period provlded the work stilr complles with Ehese speclfications. rn the even! deflclencles are discovered during Lhe \',arranEy period, they shal1 be corrected by che conEractor before final acccpEance. The determinatlon of the necessiry during the NarrarlLy lrr-rriod for the contr;r(i tor to repair or reprace Lhe work itr whole or in I)rrt shall rcst errtirr:ly rviLIr the ou'ner whose decision in thc matt.er shal1 be final and obligatory upon the contractor. E. SpECTFICATTONS - All srandard specificarlons, (AASHo, AST11,ecc.) made a po!tion of these specifications shal1 be Ehe latest edicion and revision Ehereof _ F. Prior ro a.y asph:rl tic operario., .all. uClllCy taps nust. have been provided t.o caclr Io t . I.O2 CLEARING AND (;RUIJI}IN(] A, SCOPU - 'GcneraI Conditiolrsr, tsupplementary Condltlonst and tDlvislon l-General Requiremr,tnt.s I form pilrt'. of section. Sectlon coverS work necessary for rrfln()vJl and satisfacttlry disl>osal Of all Ereegr brush, strxnps, fences, debris, and rniscellaneous strttctures 11of covered under other conEracC iccrns, which are witlrin work lirnirs or otherwise indLcaEed. ll . l,imits of lJorli Arcas - llnginccr ui ll e'stablish llmiCs of areas to be cl-earecl and grrrl>br-,d, Lo l)c cltitred btrL ll()L grubbed, areas r obJeCts or feaCures designatecl to rL:main und-isLurbed, atld fencesr strucEures, debris, trees and brush to lrc cleared *ltere grubbing is not requlred. In general , work areas shal I include roatl sections, stream channels, dlEches, temporzrry approachcs to bridgcs, d{rtours, fill and borrow areas, and oLher areas speclflclrllv itrrlicaEr:tl ol' speclfied, or as dlrected by Englneer. Clearing bcyorrrl .r f t.lls of c()n:; Lruc L irrn slr;t.l I bc done onl-y rthere lndlcated or d irec ted . CI,EARtN(l,\rr*D (il{UlJl}lNC 'l'rces rviElr i n work limi L whictr are dead or in a 1r:rzardous condicion, slral1 he cleared and removed if approved by [ng,ineer. 2. Oont.ractor slraLl propt:rIy prune all branches of t.rees less Lhan 16 ft, above any part of a road\^ray and all branches wh j,r:h have veen broken or lnJured during (:r)llsEruc t.ic)n. I"resh scars and wounds shall be palnted w i t ir illl ill)l)rov(rd tree Pa j trt. \.J1r,"" r'rcvr.r r Lrc(.s ilre felled or Lrinmed on, or adJacenE Co lLiglrwrrys, or work are:ls, ;r I I wood shall be lmnedlaEely rcmovcd from roadwav or itny area that r{ould presenE a Irrr;rirrd to Lral'Iir:. Crrrhbccl stumPs shall be moved inuri,'tl jaLclv Jf leasL 3t) l'e oc from edge -of pavement. No trces, trcc Lrunks, stumPs or oEher debrls shall be i'r,I I cil , .s idt:c'a.st or Placod outside 1ln1ts of 9tork. No grtrbbing wjll bc required beneath embankment where t-.i.uislrt:d gradc wii I be four (4) feec or more above Lrriginal ground surface rrnl css otherwlse lndlcated. \{irclu crccs arc cLearecl :rnd grubblng ls not. requlred' Lree trunk shall be cul off noc nore than slx (6) inclirrs abovc original grourrd surface unless others/lse irpl)r()vcd. lixpOst'd stUml)s noL requlred to be removed l:rrt wlrich rc wirlrin 30 f eet ot edge of a PavemenE or n II t. t. b) DISPOSAL are in a builr-up area sha1l be chipped out to a depth ol' rro t less Lhan 6 inches bel-ow f inlsh grade and holes backfilled. This work shall be complet.ed within one wcek afLer start <rf work on tree. ExcepE rs otherwise indicacd, all cleared and grubbed mil !eI ial shul l bc rc-moved f rom cont.rac E slte or o therwise disposed of. I1c thods of d i sposal c:(]rnlrusLible naterial.s : of wood, brush and o ther a. b. Ilurning - oc permicced Chipping * Wood may be reduced to chips by use of rrrr accepLablc chipping rnachine or stump grlnder.(lhips = 1/2 inch rnaximum thlckness. Chips resul Eing cherefrom may be dlsposed of by being stockpi,lcd ;rnd used as mulch for planting, by cliscribution on ground surface in wooded areas wit-hin work limits as approved by Englneer, or by cl.i.sposal at a location off site. Burying - Tree trunks, stumps or other debris sha11 not be buried on or off site wiEhout approval of Engi neer . Aftcr removal of free sEumps, miscellaneous structures and other embedded items, fill holes \.rith earEh as rcqtrirecl to res tore original ground elevaLions an cor)Lorrrs. Fill Ni terial sha1l. be obtained only from borrorv areas approved by lingineer. t. ruisT0IlAl'I r)N 1.03 EXCAVATION ANI) tr}{BANKMENT A. GINEIIAL 1 . sc0l'E 'Ccneral Conditions r, rsupplementary Condj.tj.ons I and I)ivislon I- rCeneral Requiremcntsr form part of section. Dcscription - This work shall conslst of excavation,disposal, placemenc. and compaction of a1l materials that are not provided for under anoEher sectlon of thcse specificaEions, and shall be executed in r:trn[ormance witli paymcnt .1.-ines, grades, thlckness and tvpical sections. specified in tlre contract documents. L) Unclassified excavation - Unclasslfied excavation shall consist of che excavation and disposal of all nru0r"t", o, any clescriprion, lounaurud ln Ehe course of consEruction, uoless otherwise thc contrac E- 4) speclfled 1n 2) [mbankmenc - The embankment is deflned as Ehe portlou of a flll secf lon situated between Ehe embankmenE foundation and the subgrade surface,excludlng :ny mat.erial placed under anoEher sec tion of tlrese specificacions. 3) Embankment f'oundation - The embankmenc I'ourrdation is defined as he surface upon whir.lr an embankment is consEructed after all work required under 3.9 has been compleced. Subgradc Surface - Tlie subgrade surface is defined as rlre surface of the strucrure sectlon upon which the subbase or aggregare b;rst: r:ou::se is pl.;rr:ed. Subgrade Area - The subgrade area ls deflned as thaC portion of an earEh embankment siEuaEed above cither of the following, but excluding any material placed under another sec cion of Ehese specificatllons: a) A line located two feet below the subgradc surface- and extended to the inLr'rsccLion with rhe embankment side slopes ofr b)l'he embanlcmenc foundation, whichever is h.igher. ln cut seccion, the subgrade area is llot defined cxcept wher:e undercuE and backfill wirh a select naterial ltem is specified or ordered. In such cases, the payment lines for undercut work sha11 define ther subgrade area. Where Ehe subgrad,e surf ;lce cons;is[s of .rnd is underlain by a rocli cnbankrncnt the subgrade area ls not dcfinetl EnbankmenL Side Slope Area - The embankment s-ide slope arcas shall be deflned as Ehose cross-sc'c tional ilrcas of an embanknent situated outsjdc of lines projected downward and outward on it olle on one slope from the ol I I o edges of Ehe subgrade surface to their intersection with Ehe cmbankmenE foundatlon, buE e,xcluding any portion lying $richin a subgrade ilrca. 7) Sui tal)l c Material - A materlal whose composlLlon 1s sirtisfacEory for use 1n embankmenE construct.ion 1s designaEed as a su j.Eable matcrial . The molsture contenE has no bearing upon such designaEion. In general, any mineral (lnorganlc) soil ,blasted or broken rock and similar materials of nacural or manmade orlgin, including mixtures thereof, are considered as sultable B) ma teria1.s.Determinations of whether a spccific macerial :is a suitable material shal,l be made by che Engineer on the above bas is . UnsuiLable Material - Any materlal contalning vegctable or or€ianic xoatcer, such as muck,pcat, organic silC, copsoil or sod, that is no c saEisfac tory for use in embankmenE conscruction under 7 above is deslgnated as an unsuiEable maCerial. Certaln man-made deposits of industrial water, sludge or landfj I I may also be deterrnlned to be unsui[:rble ma lerials - Borrow - Borrow is defined as maEerlal required for earthwork constructlon in excess t:rf the quantity of sultable materlal available from tlre rcquired grading, cuts and excilvations. Borrow may be necessary even Llrtluglr no t slrown on the plans . ()\ I0) Frrrnlshing WaEel: llqulpment - Under Ehis work rlre conLractor shall furnish all equlpment for supplying and dlstributing \rater. 11) Apply j-ng I{arer - Under thls work, the contractor shaIl furnish and supply wat.er for drrst conLrol, for compaction purposes and for such other purposes (not provlded for in otlrer sec ti.ons) as called for on the plans,in Lhe itenrized proposal or as dlrected by Lhc r'ngi ncer. ITI|OUIRI.I}Ii,;N1'S OF RIiC(II,ATORY AGENCIES - ThE contritc tor shall be responsible for obEainlng any llecessary licenses ancl permits, and for cornplying with any applicarble federal, staEe, county and rnunicipa t laws, codes and regulations in connection witlr perforrning the work. He shall at I I all times comply with .said ordlnances, laws and rcgularions, and protect. alrd indemnify the olrner and its officers arld agenEs against any clalm or llabiliry :rr is i n;', f ronr ()r bascd on ther vlolaEion of any ".rah la,,vs, ordinanccs or regula!_lons. 41I permlts, l.lcenses and inspection fees liecessary for prosecuElon and ('()url)L('t ion of lltc work slrall hc secured and aid l-or by tlrc conLractor ulllcss other$rlse speclf1ed. I. TESTS AND CONTROL I',IETI{OI)S - Materials Eests and control methods pertaini.ng to the item requirenents and worh of Llrjs scrt:Lion will be performed in conformance witlr thc hcre irr refcrcncc(l spccificaElons. MATERIALS 't. SELnCT SUIT BI-E I'IATERIAL.S REQUIREMENTS _ Setec r suifable materials covered by Ehis sectlon are described and rhe basis for accepEance glven in thc fol lowing subparagraphs . AccepEance wlll normzrl.ly bc based on a visual lnspection by fhe cng,lneer and a material approved if satisfacLorv f o r Lhe in t ended us r: . I^lhere the englneer elec rs t() conduct tests, a materlal mays be rejected if I t fai1s Lo mee! tllc sLaLed crlt.erla. SelecL Subgradc - Select Subgrade shall consisE of any suitable naterial having no particles grcaLer rhan slx (6) lnches in grea Ces t d ime nslon. Se]ecE Borrow ;rnd Solcct Fl1I * All rnaterials furnished under tltese iEems shall be of che portj,on passing rhe four (4) inch square sieve, conEain no more than l0 percent, by wr:iglr t, i)ass j ng Ilrtr Nr>. 200 mesh sleve. For undcr..waEcr p1ir.: Ltmr:nL, material shall have no particles greater than Ehree (3) feet in greatest d imens io rr. c)Se l ec C Cranu.l irr f il.l - I'laterlals f urnished for use under thi.s i,tem shaI1 conform to the following requ ircnre nt.s: l) The 50 percent passlng size of the whol-e naE.erial shall b() noL greater than etght (B)inches nor less tiran one (1) inch. 2) 'l'1re mater i.al sha11 be subs tantially f ree of matcrial I.irrt'r Lii:rrr Ehe No. l0 sieve size. b) -]) 'l'lrcr m;rLt'r i:rl "t'ot lerul,r. a parclcle composiLion providing adequate reslstance to wcittl)cring, l^llrere the englneer elects Eo test for this requirenent, magnes lum sulfaCe soundness loss greaEer Ehan 35 percent will be carrse for rej ec t ion. e) 5e-[ cc u (iranular Subgrade - Ma Lerlals furnished under this item shall have no par[.lc1cs grc:]ter than s1x (6) lnches in grcatcst dimcnsion, portlon passlng the four (4) inch square sieve shall contaln rrot less rlran 30 percenE, by weighE, passing Ehe I/4 inch square sieve, noE more than 50 percent by weight, passing the No. 40 mesh sieve and not more than 15 1;ercetn, by weight, passlng the No, 200 mesh sicve. Well graded, blasfed rock rna y be used for thLs item. In Ehis case, the particles sha1l not exceed L2 inclres in grearest dimension or 2/j of the loose lifr thickness, whichever is 1ess, Selcct Structure flll - The requlrements for matcri.als furnished under thls ltem sha1l be cl)c sane as C, rselect Granular Fillt above,L'xccpt fhat the particles shal1 noE exceed 4 Incircs in greaCest d imensions. I",l:r ter rrscd J or dus t con trol- or compaction purposes nray be obraincd from any source. r) 'Iopsoi.I - Se lected Eop.soiJ. dL'si8lt;ltr'J iry tlrc r.ngi rrr:cr. at Ehe site will be o.l.lxti(iuTI0N GENEML - 'l'he contr..acEor shafl remove all soi1,rock, and orher material and utllize, or dispose of tllcse ma teri;rl.s as required by the plans and specificaiEons. All excavation and embankment wcrrk shall be execuEed to -cro ss-sec t.i.ons established by tlte engineer. Attentlon is direcced ro the portion of the general conditions rclaLing Lo 'safety and proEectionr regarding contractor responsibilities in perforrnlng work of this s ec t ion. AI{CHAIIOI,O(; I CA], SAl,VAGI o b) l^lhenever, during tt,u "oO. of construction, h j.sforical objccfs are encountered, such objecLs shall not be destroyed or noved. l/ork sha1l be stopped and re-scheduled to avoid disEurbing such areas and the englneer sha.l I be no tif ied irnmedlately. 'flre r-.ngineer wi ll , through proper channels rrot.i [y tht: own<'r rvho wlll arrange to h€ve an inunediaEe lnspecLi.on of the slte nade by Ehe a P proPr: ia te sCate:rgency. In Lhe event rhat che objects are Eo be removcd or salvaged, agreements between the orrner and Ehe contractor will be made Eo cover the cost of any extra work. Such work wi1l be l-imiced to that performed within the limit or work and ac any location under direcE, control of the contractor used as a source of approved borrow ulaterial . c) SCI{IIDULING O]] WOITK 'iU MTNIMIZE SOIL EROSION AND WATER POLI,UTI0N - l'he conEracLor eha11 prepare and subrnit to che engineer for approval , schedules for alI excavation, scripping, embankment, f111 and grading opcrations connected with the projecE in or outside of Elie project lirnits. Schedules shall be preparetl to (1) sequence Ehe work in such a rndnner that tlle exposed unproEect.ed surface area of any earth nLlterial thaE is subJect to erosion by wind or v/ater, will not exceed a EoEal of 75O,O0O square fccr zrt any glven ELme $rlchout prior approval by Llre engineer,. and (2) to perform permanenE erosion c<,rntrol work at the earliest l;ossiblc Llne durlnp, Lllo course of constructlon at all loca tions.Such schedules shall lnclude cemporary and perinanenr erosion control measures required by state, (:ounty or local agencles. [arttrwork shall not be started at a glven location ur-rtil the method and sequencing of-a11 operations arc approvcd by tire enliincer. DIi.AINACI ANI) CI{ADING l) T'he corrLractor shall provlde and malntaj.n slopes, crolrrl s arLd ditches on all excavation and embankments Eo insure satlsfactory surface drainage at all tlmes. A1l exlsEing cu-lverts and drai nage systems shal1 be maintainerl in satisfacEory operatlng condition chr()ufllrouc the course of the r+ork. If i.t is necessary Eo lnterrupt existing J. - ROCK EXCAVATION l) Rock excavat ion sha1.l cdnslst of rock Ehat mus t be drilled and blasted in order Eo be excavatcd and hauled to the embankment area.Rocl< wlr.ich is rippable uslng a D-B wlrh single-tooth hydraulic ripper w111 not be included under this c lass i, f ica tlon. su r fr t:c drainagc, "or"rlor under-dralnage, t.hen Lemporary drainage facillties shall be provided tLntil llre permanent dralnage rdork 1s complete. Top-of-s10pe lnEercepEo; dlcches,wltcrc slrown on the plans, shall be completecl beforc adjacen t excavaElon operations ate ltcgrrn. Trr t.lrr Lh r:n ts, the conCractof ehall progress hls excavaElon operaLlons in such a manner tha t tlte portlon of the cuc irnmcd iatr'1y ad-iaccnt to che deslgn slope ac least flve feeE ]ower bhan the general level of thc cut a! all Eimes unCil the lower p:ryment is reached. I,,Jirere sLrepage causes instability of cuc s.lopcs, excava t j.on and backf i11 shall- be performed as ordered by the engineer and paid under appropriate items. b) Fin.ishcd rock slopes sha1l be stable and free from possiblc hazards of falllng rock or rock slldes that enclanger public safety. If,af ccr proper scal.ing, such hazards still cxisL, a deLermination of Ehe cause w11I be matlc by :r gco I ogi c s tudy and if i t is decer:mined that the hazards are the result of po()r workntanslrllr or irnproper methods enployed by the contractor, he shall provide approved reme dial t!-ea tment, at no expellse to Ehe owltcr. b) c)ConlracLor shafI ardhere Eo a1l agenc ics having j ur isd lc rl"on dril l ing and blasting work. regulatlons of over rock f) Fragmentation Blasting _ FragmenEaEion ho1es, or portions thereof, shal1 noE be drilled closer th.tn four feeE Eo the proposed finished s1ope. Warer gels and/or "lrriri""will noE be perrniEced within ZO feet of the I j n.islred slope. Fragment.ation charges shaI1 be detonated by properly sequenced mil l. j.sccond delay cl.ectrlc blastlng caps. 6. St]I,TABLE }IATI]RIALS a a) tr^trhe n cxcava tion is perforned under the ltem rlJnclasslfied lixc:rvatlon and Dlsposal t all ex(:itvated sulcablc materlals sha1l become the cou Lr:rc tor I s property for dlsposal or use under anotlier j_tem of these specificarions. b) Wlrt.| n excava Eion is performed under Ehe Excavation and i rem unctasstl].ed IlmbankmenE t, all suitable maEerlals excavated and paid for under Ehls ltem shall- be ernploycd -[or cmbankment consEructlon unless a surplus exisrs as per lt9.Non-surplus excavated suitable rnaterl-als nEry, with permission of Ehe engigeer, be used for items or purposes othef than embankment consCruct.ion if the concractor furnlshes, ac no additional cost co the owner, a quantiEy of sui table ma ter ia1 havlng a conpac Eed voltrme equal to thaE whlch the excavated ma Leial woul.d lrave occupied in the embankrnen Es. UNSUITABLE MATERIALS - tlirh rhe excepclon of maEerials designated for re-use under tTopsoilr, aI1 excavated unsuitable maEerlals sha1l be the contractor rs property for disposal as surplus materials under the provisions of ll9. ])ISPOSAL O}I SURPLUS EXCAVATED MATERIALS l) 0nly trnsuiEable maEerials, or thaE portl-on of su italtle m:t terial cxcavallon 1n excess of quanticy required to consErucE a1l emb;rnlimenls on projecE shall be considered as s urpl us. 10 b) When Ehe contractor has surplus maEerlals that ire wishes Eo dispose of wlthln lfunlt of work, che engineer wi11, whenever posalble, allow material lo be used Eo flacten cull)anl(menL side slopes, or 1f this 1g noE pr:sslb.l e, allows deposltlotr 1n other locaEions within the right-of-way as deslgna Eed and ap1;roved by the englneer. Where compl ete disl>osal of surplus materlals cannot be accomrodated wlchin ltmlt of work, excess shal1 become thd concractorrs propercy for disposal off che project. AJ-l dlsposal wi thin right-of-way sha11 be subJect to the engineer Is approval of flnal cc,ndition and appearance, but is not subJect to provlsions governlng lift placement and conpactl-on of cnbanknrent containe d in /110 and //12. 9. I}IBANK,I'1ENT }'OUNDATION b) After compleci<rn of work required under Sectior-r I.O2-(:, 'C1ear1ng and Grubblngr enbankmenl foundation Aha11 be prepared. Sod and topsoil shall be removed where final grade is 6 Feer or less above exist.ing ground surface and in oEher areas deslgnated in plans or by Ehe englneer. Unsultable materials oEher than sod and topsoil shall be renoved to dcpths shown ln plans or as directed by the engineer. Underwater areas slr;r.l I bc f ilicrt wi.tlr rselect Borrow or Select Fil.l I, B-2b, to !\ro f eet above water surface at Lime of pl:rcement. Whcre emballkmcnEs are to be constructed over ground tlrat wil I not adequaEely support embankment constructj,on equiprnenE, an lnltial layer of fill nray be altowed Eo form a worlcing plarform. 'Ihe needl rnanner of constrrrction, arrd thlckness of such a layer shall bc subjecc to approval of Ehe engineer, and layer will- be permitted only where lack of support i.s, as determined by the engLneer, not due to deficient ditchiBg, gradlng or drainage practices or where emba nkment. could be consErucEed in approved nanner by use of different equipment or procedures. Ihickness of up to 3 feeC may be pernltfed for such a layer. c)In locatlons where ernbankrnents are to be constructed on hillsides or against exlsElng a) / It cmbankntenrs r./ith slopes s Eeeper than I (vertical) on 4 (horizonEal), slopes shall be benched. Benches shal1 be constructed as slrowLr on s Landard detalls t Transverse transition and benchlng and longltudlnal t'.rirns i L-ion and bcnchingt . Where o1d pavement is enbountered wlthln z feeE of top of subbase course, lt shall be thoroughly broken up or scarl-fied. 10. EMBANKM]]NTS d) it) b) limbankmcrnt maceria.l sha11 not be placed on frozen earth, nor sha11 frozen solls be placed in any embankments. Embankment nurterial shal1 be pl.aced and spread 1n llfls (layers) of uniforrn rhlckness, then unlformly compac ted as specified under appllcable portlons of lt12 rCompactlont. Durlng embankmen! cons truc tion operatlons, earEh moving equipment. shall be routed as evenly as possible over entire width of embankments. In any soil lift, parEicles with a dimenslon in excess of tl'o-thirds of loose lift [h ickness are deslgnated oversl zed parEicles. Irr lifts of blasted or broken rock, che limitaEion is three-quarters of Ioose lift thickness. MaxLmun llnlts on llft thickness are determlned Ln Sectlon 12 tConrpacriont. Embankments' consEructed from rock excavation producEs shall be spread by bladed equipment on each lifc to mlnlmize the formarion of large voids as work progresses. Top lif E of a rock fill shall be thoroughly ch inkcd . Damage Co any compacEed lift at any Elne during lhe course of construcEion, such as rrrtcing under loads imposed by earth moving cquj-pment, shall be fu11y repal.red by conEracEor at his otrn expense prlor to placement of any overlying materials. c) I2 ll.SUR(;RADE ARIiA - Wher by,subsrade Area, ;;.',:;::;:i: li::J""i:ii".,conforrn ro 2-a 'serect subgr[,te;.--iiJlu*un. unu compaction of materials stratl "ttru.*iuJ' conform to requiremenrs of il10 and #12. whe;; iJn'giruainar or transverse change from cut to fill are encountered in work, a subgrade transilion section shall be provided in conformance with standard details'Transverse transition "na-j"nJii.ng, and 'Longitudinal rransirion una J.n"r.,iii j'"on"nouu ua end of sec t ion. L2. COMPACTION a) It shaLl be hhe contractor,s responsibility to properly place and conpact all materiaLs in embankment section, .nd to ao.au"a any deficiencies resulting from insufficient or improper compaction oi such .uiu.r.ar,throughout lhe contracc perioi. The ;:l;;:.::'.:13::.::';::1":" :H:, .i'j:, i":.liil;.lili"i,:l ;::;::'":; : :" l.:j:: {",.....conEent of rnaEerial, and other detaiLs necessary to obtain satisfactory results.During progression of work, -ifr. ungineer will inspect the cont- rnr,r- ^r , - ^:_ -_ :.permir "".n ;:":i;::;i."";:."Jarions and wirr l. Lif t. thickness i.s controlled anrl does not exceed maxim crassif icatr'f* urlo*ud accorcing to equipment whichever 1"oll:^ot l't?ht tai inches' equrpment ah ttt"' Thinner lifts and righter a n max imurn a I lowe,J may be necessary for satisfactory results on sorne materials. 2. Not less than 90 percent of nodified procEor maximum density as deternined by ASTM D_1s57 , is ; emban kme n r, j:.;; ";:.::" :"1"o:.:,,il.:j.l:.".,or as specified for ot.her items with a percen t maxinrum Censity reguiremenc. J. Significant rutting under action of compactor i.s not observed ". ii".f passes on a lift. o) Whenever the ( conrorm to ah:onttuctor's operations do not r e qu i r e me n r. ;":::l;";'r' i.j ii;, "ju bpa r as r aph s l3 of tlr Ls arricle, tl)e englneer w1l1 prohlblt placcrnent oF an overlying lift uncil the contractor takes ef fec tlve correc L ive ac tion. l^/lren Lbe englneer determtnes that densiEy tests are necessaryr the contracEor shall provide any assistance requested Eo Facll.itate such tesLs. Such asslstance shall include, buc will noE be linlred Eo, excavation and backflll of LesE p1!s and holes. This work shall be inc idencal cons truc rion. considered co be c) Rutting of a compacted lift under acEion of eilrthmoving equiirment, shall noc necessarily be inrerrupted :rs due to faulty compactl-on or m()is turc control dur:i.ng compaction' but shall- be considercd as constitucing damage to a compacted lifc reqtrir:ing full repalr prlor to 1>Iac i.ng any ovcr I y iug maEerlals. d ) Sel-ec Lj.on of conpac tion equlpment is the contracE.orrs responsibillty, buE shall be subject to meecing approval by the engineer wlth respecE to the lift thlckness allowed. Any eqtripmcnt not principally manufactured for compaccion PurPo-ses and equlpnenc which is not in Propcr: working ordet ln all respects shall noE be approved or used. 'fhe erng inecr w il1 :ll.so withhold approval of anv compaccor ft;r which the contractor cannol f u rn.i,sh manuFacturerfs spec iflcations c) covcring daEa noL obvious from a vlsual inspection of equipmenE and necessary Eo (letcrmine ifs c l;tsr; i f ica c lon. Compaccion equiirment for confined areas. In areas inaccessible to - conventlonal compactors, or where maneuverlng space is l.imited, impact ranmers, place or srna11 drum vil)rat.()rs, (-) r pneumatic buttonhead compacEion equipmenE may be used r^i i" Eh layer thlckness not exceeding 6 :inches before comPacElon. Hand lampers shal1 not be PermltEed. llowever, materia.l.s placed for subbase course construcEion shall have a maximum compacced thickness of 6 inches. The engineer may approvc or rcjcct any of Ehe above described mech;rriic;rI devicr:s based -upon resul ts o f approl)r i a Ee on-site field rests. llois lure Control - All ftlt and backflll maferia]. to be compacted, shall be aE a no is Lurc content for ProPer compactlon of LhilL rrur Ecrial. Lrsing the compactor selected by Ehe conEract-or: to perform the work. The engineer shall be responslble for deterrnining ther Proper mo j:; ture content and cont.rolling 11) F) l3 ic hrirh.in l)roper llmlts as work is progrc:;scd. ffhcn water rmrst be added go a maccrlal, lE may be added on lift or in excavaLion or borrow p1t. Water added on 1ift, however, shall be ,applied by use of any riiprovcd wii Ler d Lstrlbutor. Dlstrlburors musL be approved and documenEed by the engineer.DocumentaElon by che engineer shtrll bc adequare evidence of hls approval . Water added shall be thoroughly incorporated in !o the soil ;rnd manipulaEion shall be provided wlrenever necessary to atEain uniformi ty of. npj.sture dlsfrlbution ln the soil. Iy'hen moistrrre contenE of a lift about to be compac ted exceeds required amount, compaction sha1.l be deferred unuil the layer has dried back Co required amount. Natural drying may be accelerated by blendlng in a dry lMterial or manipulation along, co incrr.ase the raEc of evaporation. Increased loose lift thicknesses caused by blendlng in a dry material, Itowever, may necessltate a change in conpac Lion equl-pment to meet rnininlrm provisions of subparagraph B of chis arti-cle. FILL ANi) IIACKIITLL AT S',1'RUCTURES, CULVERTS, pIpES, CONI]UITS AND DIRIICT BURIAL CABLES a)Ty1>e pf macerial ro be used in bedding, f i.L Ling and backfilllng. at scructures, cul.vcrts, pipes, condult and direcL burlal cab l t' uLrd paymL.rl t 1 ines therefore shalI be in conlorrnauce with dcCalls shown on plans or as o rdered by che ongineer. Fi11 or backfill macerial aE sErucLures,culverts and pipes sha11 be depos1.t.ed ln horizontal layers noE exceeding 6 inches in thickness prior Eo compactlon. Compaction of cat:h layer shal.l be as specified under #12 !Compaccionr with a minimum of 95 percent of scandard proccor maximum denslcy AASHTO T99,Method B. ["]-h en placing f il1 or backf i.11 arountl culverts and pipes, layers sha1l be deposited Eo progressively bury plpe or culvert to equal depEhs on both s1des. When f1lling belrlnd wa1ls and slnilar sEructures, :i.1 I material sha1l be placed and compacted in fron! of wal1s prior ro placing fill behlnd L,af ls to a higherr elevatlon. Lirnits Eo which this subsec tion will apply shal1 be in accordance r^/i th plans . D,) L5 - llt (t)FiIl or backfil I for condulr or cable Placed In a lrencir shall be carefully Placed ln a hori.zonEal laye r: to a depth of slx lnches over Lop o[ condu-lc or cable. Thls layer of material sha11 not be compacted, however, renu ln ing Port krtt of trench shall be backfilled in accordance wlth precedlng paragraph. Where cables or condults are placed and backfilled by a machine In one operation, abovq requiremenEs for backfllling do loL apply. I lloiiltol.] ManagemenE of a borrow, source and acceptability of all borrow materlal shall be srrb ject to approval of Che englneer ac all cimcs. The conLraccor shall noclfy the engineer at least cen (10) worklng days in advarrce of opening any borrow arear and request approval of rhe source under pay ltem 1nvolvcd. Tes E piEs r:equired by the englneer to cvaluate acceprabil 1ty and llrnlcs of source shall be provided by Ehe conEractor at his own exPense. ConcuTrent removal of macerial for more than one pay irem from a single source or pit shaIl be prohlbiced except \diElr written permisslon of, and under sucl'r conditions aud resErlcLions as may be irnposed by the engineer. A11 borrow pits shall be strippcd of sod, topsoll and vege t;rble mactcr well in advance of any workilrg l:ace according to Section B-c. I'Iln i nnrm d is tance by whtch scrlpplng sha1l lead cxcavation for a given source shall be cs L:rblislted by t.ltc engineer to suic 1ocal conditions. hlrerr: a borrow source is not under direcc control of the conEractor or where special condiElons exist, the engineer may r,raive any of above requirements and es tablish alternative provisions for conErol and accep tabilicY of borrorv. Ordinary borrow will be accepEed for use uhere maLerial qualifies under deflnition of suitable maLerial (Ab7). Borrow of select granular materials enumerated ln 82 sha1l be accepted subjec t to meeting addltional provis.ions cortt:rined thereln. AII borrowt vrlrcLlrer ordlnary borrow or select borrow, placed wichin limits of embankrnents or sulrgrade area shal1 be Placed in confonnance at) b) l6 wiElr #10 or illl respec tlvely, as approprlate, or where trsccl tor fill or backfill aE s ! rrrc tu rcs, (:ul vr:r f s , and plpes, ln conformance wlth /1I3. i 5. 'li{Il'OIINC SUC'IIONS - AII lraded earth surf aces slral.l- be smoothed and r r:inuned ln reasonablv close con fornli ty (plus or mirrus 3 lnches) of true gradc. AfEer lrirnnring, area shall be left 1n a co ll.rirct and satisfil(: tory condltlon, ready for topsoiling, seeding or sodding, free of large stoncs o.r other ob je c ti.orrable nalerials. 16. After rough grading is compleEed and approved by the enginecr, spread topsoil on areas indlcated to recei.ve topsoil Eo depEh shown on plans, wich surface elevations not less than lhose lndicated. Surfaces of Lopsoil sha11 be neat and smooEh. Individual soil l.umps shaJl diamercr in Lhe top 3 inches'. noE exceed 3-inc h 1.04 PAVII'IENT BAS]J (]OLIRSE AIl gravel basc course shall be quarry wasle, crushed rock, or gravel of such characcer thac it will compact. and thoroughly cement under watering and rolling, to make a hard bonded base. It sha1l be free from excess of flar elongaLcd parciclcs, When Ees ced by a lirboratory sieve, che following requirements by weiglrt: the gravel base course shall meet Sicve Sizc Per Ccrr c PassinE lt' 3/4" No. 4 No. 10 No. 40 No. 200 Cube Compr:ess io rr L.A. Abra ison Li-quid Limi t Plas rlc f nclex Per Cent lassing 40 Mesh 90- l 0() 65-90 50-6_5 30- 50 20-30 I5-20 200 min., 50 n:rx . 25 max. 6 nurx. 60 rnax. All base coursc rnirLcrial shcll be comp:rcttrd ln layers noc to exceed s1x (6) inches in thickness. T'he compacted thlckness to be a mlnimum of stx (6) iu,,:hes. Immediacely fo) Jowi ng tire finaL maierials, placcd slurl1 be comPact.ed by shall. be wi th a pneurni-r Cic roller, and shal I to 95 percent of tirc denslry decennined by sprcading and smoothing, all wacering and rolling. Roll ing continue uncil- a denslEy equal t})c SEandard Proctor Mechod ls T7 o obca-[ned, Any ir rc1;rr I a r i t. j e s or depressior-l.s clraE develop while compactlng shall be corrccLo(l by adding r)r removlng nraterial unt1l Ehe surface 1s smoo tb arrd uni[,;rm irrrd t.o [lrc dcs-ired grade, witlr.in 0"I0 feeE except thaE tlris tolerance shrrl I not permit low areas witl.r resulting ponding of rrrtrof[. An;' rc'pirirlng l-rrrrnrl lleL'r!ss;rry [or L]re cornpletlon of work 1n place shaIl be considered a parC of tlre work and included in the contract pr1ce. 1 ,05 ASPIIAI-TIC PAV[il'l]iN'I' This icem shol.l r:oLrsist of a aggrcgrte and bituninous material rnixed in a central mlxing planE and constrrrcted on the exis t.:ing ltrepared base, itr accordance with these specifications .rnd in c:onfonnity with the lincs and grades and compacled thickness as shown on the plans and as approved by rhe engineer. The mineral agllregate sha11 consist of crushed slag or crushed.gravel conposed oF hard durable fragmenEs having it)corporated 1n 1t lfunesfone dust iron oxide, or other binding material in such proportlons that Ehe rvhole will be homogenous material-. The porti()ns of Ehe materlal retained on a No. 4 sieve sir.r ll. be l(rlonrl as a fine aggrcgaLe. When produced from gravel , not less lfran 60 percent by weight of coarse aggregate particles shall be partlclcs lraving at least one fractur:ed face. The mineral aagrcrgatc shal.1 be well graded wlren tes ted by means of laboratory sieves with conform to clle follorvins linrits: S tandarci Sievc Si.zc 3/4" N.r. 4 No. g No. 50 No. 200 Liquid Limit Pla s cicity I|rdcii wearing course composed of mineral from coarse to flne and square openlngs sha11 Percent Passing by Weigh t r00 50-65 36-48 20-35 3- r0 25 max. 6 max. Coarse aggregat(' slrall bc clean, frce from dislntegraEed sEone, vege t.ablc matter and () tlr()r cleleterious subs tances and shall show loss of not more than 5() lL-rcent when Lesred in accordance with MSHTO T-96-46. ASTI1 c-I31. The bituminous m.tterial shall be the proper grade of peneEraEion asphal t cctrent Lo givr.r thcr l)cs t resul !s for rhc mix used and shall meet. the approval of the errgineer. A certificate shall be furnlshed co the engiueer by tlte prodrrccr sE||ting Ehar Ehe bitumlnous maEerlal used MEETS requlrenrcnts of th(' Lirtcst revision of the ASTM for Ehe grade used. l8 o Tlte mlx turc use ln veh lc I es naLerlals. ll te EeBperature of The PercenEagc of bi rtrmlnous miterJat by welghc to be added !o the aggregate shall be :-p.r:ttottt co B percenE of the l'elght of the dry aggregate. I slnl I lrc t rattslrr.rrctlcl l-rom tlre mt'ving planE to the polnt of having t.lghg bodies prevlousl y cleaned of all forelgn otanr nrtxr,rie strall be dellvered to Ehe Job slte ac a not less tlran 225 degrees F. Equlpment for :;prt:lcl ing thc mjxcure shall consls! of a self-powered "pt"uilng and finishing macltine operaced in such a nzrnner thaE rhe require6 thlckncss rvill be procluced unlformly, segregatlon of naEerlar wl1l be avoided, arttl the finishlng surfaces will cornply i.'lth Ehe requlrements tor snxrotitlless. Necessary sma1l toolst - rakest shovels' lute',etc.shall[>cprtrvidecl!ocorreccanylrrcgttlarltlesEhaEmayoccul 1n placing the cottrsr':,' wh l1e stiII r^rarnt, tlle surtace course mixtur:e shall be thoroughly and unlformly comirresst:i1 bf u prlwer-drivcn rollcr" Rolllng shall overlap on successlverrlpsbyirEll)as!one-halfEhewldtlrofthero11eruntl.la11 ro1ler marks are I rtrned ottt and Ehe wclarlng sr'rr:face shall have a denslty ofavoldlessmixL|trccomposedofthesamematerlalslnthellke pro Por t 10ns. The motion of tlrc. roller shatl be atall cines slos/ enough to avoid dlsplacements of tlr.r mixture, aud any displa<'ement. shall be at once corrected by use rtl. r:rhus and Ircsh mixturc when r:equired. In all places noc accessible i() Llic roi-ler, Ehe nixttrre shall be compacEed by hand camPer as apProverl bv tlte cng' j-rleer ' Hatldta'nPersstrirllwelglllloElesstlran25poundsandshallhavea tamplng facl .strr[n,.f il.rc3 ol not nore Ehan 50 square lnches. The surface ofchemlXtUrclt|.terl:omprcsslclnslral].lrcrsnroothandtruetothe es cabllslred llrres ;trtll gradc:;, lrrrd :;lrali :;l,t>1't' uniformly from hl.gh poincs tolowpoint:;i".itlrotrrirrcgrtl;rri-!iclsr.lhicllwj']lacttoholdsurface dralnage in Pools - 1 .06 CIJLVERTS All culverts :;ltlt] l mr:eL ttre reqr'rirements on plans and those M36 for corrugaced stceL plpe an<l [\SuTo ]1196 {ot alumlnum pipe' of AASHO Trenches slr;: j. j bti excavated to a width sufficlent to allow for proper Jolntlng of the t:trntlui c and thorough comPactlon of the beddlng and backftll ma!erlaI ttttde r rnd itroutld tltc conduil' Where feaelble' trench waIIs shall be verrlcal . 11re compleLed rrenchboctom slrall be firm for lts full length and wldch. In ctre cosc of r:ross drains, the trenclr shall have a mln irnum longiLudi-nal camber oi otte l)crc(:nt of the lengrh of the ptpe' Camber may be lncreaserd Eo sr-r ic hoigllr of fill and supporting so11 . l9 When pipe corrdrr i.Ls arc r.o be inslal I cd in new embankments ' the embankment shall. f j.rst be consErucLcd to tlre required helght as shown on the pLans, and for cl jsLiurcc cilnlr s.idc of t.lrc condulE locatlon of noE Iess Ehan 5 Eimes Ehe diameter of the conduit, afEer which Ehe trench sha11 be exc;rvatcd and tltt- t:tttlrltt il irlsrL;il I e rl . Placing of the conclui! shal.l begin at the downstream end of the condult line. Thc lower segrnenl of the t:ondr.r ir shall be in contact with the prepared bedcling Eltroughou! 1ts full lengllt'. Mccal condu i ts slr;r I I be f irrnly joined by coupllng bands. Llhere exis ting rnetal conduiLs arc to be extended, danraged ends shall be cut off or repaired in an approved manner. A11 ends requiring extensions sha11 be cleaned r+ithin the area necessary for proper insrallation of connecEing bands. \{hen spec:ia1 joinL trcatnent is called for on the plans, che jolncs sirall be nl:Idc using x scrljng comPound wiEh LIrc connectl-ng bands. After tire concluit or secLion of condui t is installed lt shall be lnspecced before anv backfill is placed. Any conduiL found to be damaged shall- bc replaced, and conduic found to be out of alignment or unduly set.tled shall be tak(:n uP ;rtrd rel.aid. The Erench shall then be backfilled. Ou Eside circurnlcrenLi:rl laps fac:ing ul)s lream. F.lt'xiblc cctrtduit or seams at thc sidcs. Special care wilJ be require<l wlten thc bachflll nlaL('riills up on l>o tlt s imul caneously. of flexible conduits shall be placed shall be placed with longiEudinal laps backfilIing around conduj-t to bring s ides o f Ehe plpe, eveoly and Unless otherwise indicated, all bedding ilnd pipe zone material and backfitl shall be select excavaEed naterial. Selecced excavated macerlal shall be frec of r+ood and other foreiglr materials. Maxlmum maEerial size shall be 2 inches. hrhere indicated, or r.rhen the englneer determlnes lnsuffieient or unsuitable material exists aL crench side, lmport and placed impor ted plpe berdding and inporEed pipe zone material . Pipe zone is dcfined irs full widch of exc:rv.r [.ed trench, from bottom of pipe to a point 10 lnches above Lop outside surface of pipe barrel. Backfill pipc zonc irom botton to horizonraL center line of culverc by hand placir-rg mat.erial around pipe in 6 inch layers and Ehoroughly compac f ing l,,.itlr approved trmping sticks srrppl emented by rwalking int and rslicing' rvith a shovel " Use special care to insure flrm support is obtained to prevent- nr()vr'mcnE of pipc during final backfllllng. Backfill and compacE rclnirindcr (.lf pil)L- z()nc lrt sim [.lar nanner. Pipe conduits slra.LL be protecced with at least. four feeE of cover before heavy cons ErucLior'r equipment will bc permitced to pass over them during construction o1)sr31i6nc. lart of Ehis cover may have to be removed 20 o l.i I I to permit the completion of the parrement structure. In t.his event, the I removal and disposal of this cover material will no\ be measur:ed and paid for separat.ely but shall be inctuCed in t.he work. I Alternative materials mav be approved by the Engineer, i,e. precast concrete sections, after review of nlat-er ials and installation methods. I I I I I I I 2L ELK MEADOWS SUBDIVISION Our agency has reviewed the Elk Meadows Subdivision Environmental Impact Report and has no concerns with the El_k Meadows Subdivision request. Yes, our agency has the following concerns with the Elk Meadows Subdivision request: Ear Kristan, ft ar:pears evident that the derrelorrers of Elk l&ado'rs Sr:bdivision will not recruir€ naturaL qas f-acility installation dr:ring tlre devre.logxent phase of ttreir project. Hq/rever, it has been m1/ e>acerienoe that tlre ultinate DrcDerEy oh[l€rs1 jl sjmi]-ar dereloptentst nray pr€fer latural gas heatinq energry to eleetric. Sdoseguent installations of natura.l gas facilities could create a sigrnificant disturbance to easefient landsca:iag and tlle eristing lGA^ray adjaoent to Elk !,Fadows. frrclosed is a Oonq:etitirre fl:e1 Cost Oorcarlson betlveen el-ecLric and natural gas energD/s, to sqe'rJorL IIEI corurEnts. Repr fihz COMPETITTVE FUEL COST COMPARISON Following is a brief comparison of natural gas operating economy in relation to electric operating costs. The "therm' (1001000 Bturs) is used as a reference for accurate comparison. HOLY CROSS ELECTRTC ASSOCIATTON COST PER THERM 04109187 100,000 Btu + 3,413 = 29.3 kwh 29.3 kwtt x $.065 = $1.90 Given 11800 hours of annual operation, the cost would be $3,420.00 (3r413 = conversion constant Btu per kwhl , PUBLIC SERVICE COMPANY OF COLORADO 100,000 Btu + 755 = 132 cubic feet 132 cubic feet x $.53 Given 1,800 hours of annual operation, the cost would be $9s4.00 (755 = Btu per cubic foot at 8,100 foot elevation) $1.90 THERI{ ELK MEADOWS SUBDIVISION Our agency has reviewed the Elk Meadows Subdivision Environrnental lrnpact Report and has no concerns with the E1k Meador{rs Subdivision reguest. Yes, our agency has the following concerns with the Elk Meadows Subdivision recruest: Represent 75 soulh Ironlage road yall, colorado 81657 (303) 476-7000 DATE: TO: ATTENTION: rRou: su&tEqr: offlce of communlty devclopmenl YIay 26, L987 National Forest Service Mr. Bob Poole Conmunity Development Departnent/Krj-stan pritz Revien of Elk Meadows Subdivision: Phase IfI of the Valley, a portion of Parcel A, Lionsridge Subdivision, Filing No. 2 Attached is a copy of the Efk lileadows Subdivision proposal .The request rlrill be reviewed by the Town of vaiJ- planning and Envj.ronmental Commission on June 8, 1997. The Torsn staff is interested in any comments you may have on the proposal . We are asking that you submit your conments no later Lhan June 3,1987 at 5:OO Plt. Enclosed is a comment sheet and self-addressed, stamped envelope. You may ind.icate that you have no comments or concerns on the project by nerely checking the rno further commentrr box. If you have concerns with the proposal , please check the comment box and list your concerns in the space provided. Thank you.for your cooperation on this project. ff you have any questions, please feel free to call Kristan pritz, Town Planner, at 476-700O, ext 11I. o Asse$ror P.O. Box al49 Eagle, Colorado 81631 EAGLECOUNT o Y 551 Broadway Eagle,Colorado 81631 (303) 328:7311 November 5, 1986 Mike Lauterbach Lama.r Capitol Corporation P. O. Box 3451 Vail, CO 81658 RE: Meeting_of November 5. 1986 Dear Mike, I{e accept your withdrawal of File No. PD-262-a6-P E1k Meadows as verbalized at the meeting ame In-EEe Town of Vail. in the presence Kristan Pritz, Pete Edrington, and Peter held on this of Peter Patton, Feistmann. Si-ncere1y, SV:pm cc: *re"k# Community Development James Fritze, Eagle County Attorney Board of County Commissioners Peter Patton, Town of Vail Kristan Pri-tz, Town of Vail Peter Edrington Peter Feistmann Files Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Oerk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81631 Treasurer P.O. Box 479 Eagle, Colorado 81551 Nicholas Lampiris, PhD CONSULTING GEOLOGIST P.O. 80X 10935 AsP€N, COLORADO AT6I2 (3031963.3600 9256020ASP€NOFFICE November 1, f9B6 l.:risten Frit: Commlrni ty Devel opment Dept. 75 S. Frontage Road VaiI, CCl. 81657 RE: Phage IIIn The Valley Dear Mg . F'r i t: : lhis letter is intended to address the positianing of planned homes with respect to the Lion's Ri.dge Loop Road. As can be seen on the Town o{ Vai1 rock{;rl I sturdy, the rock{alI hroundary discussed in previor-rs reports by Banner Asgoci ates and mysel f extends atrross the meadow to approximately the tree I i ne al ong the srourth si de of the val 1ey. I believe that the propoged burilding gites are placed in the most appropriate location congidering the natLrre of the rock{all haeard in this area, I{ homesites were to be placed slonq the Loop Road, they wolrld be egsentially at the bage of the steep hillside {rom which rockg courl d come and therefore, be much rnclr F siusceptible to damage. l'litigation there would be much more di{{icurlt and cor-rld reqlti re a ten or twelve {oot wall o{ adeqr-tat-e st-rurctutral composition to protect each home. In the present lscation, rninimal mitigation degigns were necessary and thege can be blended nicely into the proposed homes and landscaping. The rock{all line would then be determined by the edge of the mitigative designg in each case. Ag an additional note.' Eagle Dolrnty n based Iargely on rny rectrnrnendat i ong, denied a tenth lot to the devel oper hecause it was located near the Loop Road in a more vlrl nerab I e posi t i on, I believe I have addressed yolrr ct:ncerns n br-rt please do not hegitate to contact me i{ your have {urther qurestions, 5i ncerel y, 4 /.7 .'i v {utn" /tu,ul4t, Ni chol as Lamni ri s Ccrnsul ti ng Geol og i st cc ! l"li chael Lautterbach NL/cl l: v Clerk and Recorder P.O. Box 537 Eagle, Colorado 81651 tt Sheriff P.O. Box 359 Eagle, Colorado 81651 Tteasurer P.O. Box 479 Eagle, Colorado 81631 o E AGLECOUNT 551 Broadway Eagle,Colorado 81631 (303) 3287317 October 30, 1986 Lamar Capitol Corporation Mike Lauterbach P. O. Box 3451 Vai1, CO 8f658 RE: SM-467-86/PD-262-86-P-E1k lleadows At their Public Eearing of October 28, 1986, the Board of County Commissioners tabled your PUD preliminary plan to December 9, 1986, at I-O:OO A.[I. in order that you may provide a complete preliminary plan to the County. The staff, Town of Vail staff and representati.ves of the Valley PIID have agreed to meet you in the Town of Vail offices November 5, 1986 at 9:00 A.M. to discuss your plan.. Sincerely, Susan Vaughn, Dlrector Community Development SV:pm cc: Jim Fritze Larry Metternick Files ,t Board of County Commissionerr &sessor P.O. Box 850 P.O, Box zl49 Eagle, Colorado 81631 Eagle, Colorado 81631 Revised - ro/22/s6 | BOARD OF COIINTY COMMISSIONERSI AGENDA ocroBER 28, 1986 550 BROADI,IAY, EAGLE, COLORADO 9:00 A.M. PRELIMINARY PLAN 9:00 (ltit<e) FILE No: sU-254-86-p Colorow Subdivision (Applicant Requesting Tabling)REQUEST: Preliminary plan review for 24 single fanily lots on 420 acres. LOCATION: Squaw Creek drainage between Edwards and lrlolcott MINOR SUBDIVISION (TYPE A) 9: 15 (Mike) FILE No: SM-46.8--96 R. L. Shufflebocham EEaUmT: ate a 5.15 acre Darcel . LOCATION: Parcel trCrr- in Lot 18, Section 4, T8S, R86W, Basa1t, CO area. 10:00 LAND USE REGULATION CHANGES 9:30 (Susan) Mobile llome Park Regulation Changes, Section 2.08 through 2.A8.07 SUBDIVISION IMPROVEMENTS AGREEMENT Request for extension of the Eagle Hills (SU-fZO-AO-f) Subdivision Improiements Agreemenr PUD PRELIMINARY PLAN 10:15 (Susan) FIIE NO: PD-262-86-P E1k Meadows (Laurerbach) REaUEST: acres. LOCATION: A portion of Parcel ItA", Lionrs RLdge Subdivision, Filing No. 2, Phase III at the Vallev. 11:30 Review of FBO plans ffir"" Howard ALr Service 12:00 - 1:30 LUNCH "r aa- RECOMMENDATIONS BOARD OF COUNTY COMMISSIONERS ocroBER 28, 1986 FILE NO: f,6ETTT6N: REQUEST: BACKGROIJND: STAFF RECOMMENDATION: FILE NO: mauEsr: BACKGROI]ND: SM-4 6 8 - I 6 - Shuf f leborham Parcel "C" of Lot 18, Section 4, TBS, R86W,Basalt Area. Type "A" Minor Subdivision for 1 1ot in a Resource Zone District.This 5.15 acre parcel was created prior to the adoption of Eagle Countyts zoning regulations and is therefore considered ttgrandfatheredttl but the parcel has never been through the proper subdivision procedure, hence this ninor subdivision. Water sha11 be supplied by the Milleniun Spring, adjudicated in Case No. W-375-76-A. An individual septic disposal system will handle the sewage needs. Access to this site is by neans of an abandoned County Road, East Cedar Drive,formerly the 01d Frying Pan Road. The Planning Conmi-ssion unanimously recomoended approval with the condition that a favorable recornmendation be received from the Division of Water Resources - Office of the State Engineer with regards to the proposed ltater supply on the parcel . Recommend Approvel PUD prelimlnl@single fanity lots in Phase ILi, the Valley.farnily lots in Phase tii, rhe Valley. The Valley PUD lras developed before the County had regutations. Because of concern by the County about the specifics of the plan, the Board of County Commissioners reviewed and approved a plan on March 26, 1980, to specify locations, phases, numbers of dwelling uni.ts and alloraable square footage in the Valley. A resoluti-on and planned unit development guide was signed and recorded at Book 300, Page 757,Reception No. 197L46, and Book 300, Page 758,Reception No. 197147, which specified that all tracts must comply with the Countyts subdivision and zonlng procedures and appear before the Board of County Coromissioners for review. a RECOMMENDATIONS BOARD OF COUNTY COM},{ISSIONERS ocToBER 28, 1986 PAGE 2 STAFF RECOMMENDATION: The Valley was annexed by the Town of Vail and then deannexed. After the Countv had jurisdiction again, the applican! applied for anct received a grading permit on May- 15, 1996,Pernit No. 3015*to construct a road-on ihe subject property. The Planning Coromission revier"red this orooo""1 and passed it on to the Board with no ^ reconmendation.The Board of Countv Connissioners tabled this iten on August 26,f28_9, -to allow the applicanr ro subrnlt additional informacion. The Board tabled this request a second tiroe- on September 23, 19g6,to allovr the file to be converted to i planned Unit. Development prelirninary plan as required in the resolution and pUD GLiiIe cited earlier and to allow for sufficient public notice to be given. Recommend denial_. The applicant has not provided the necessary drainage informacion,revised site plan- showlng wider setbacks, and parking areas with suffl_cient back-up space,etc. : --\o I,AI4AR CAPITAL CORPORATION P. O. Box 3451 Vail, Colorado 8L657 Oct.ober 21, 1986 Susan Vaughn, Director Cornununit,y Development 551 Broadway Eag1e, CO 81631 RE: File No. SM-467-86 Elk Meadows Subdivision Dear Ms. Vaughn: Pursuant to your letter dated September 26, 1986,-we agree as follows: 1. Eagle CognLy requires three parking spaces per dwelling unit. Our submirtats will be amended to provide for two parking spaces within the garage and one additional on the lot, either behind the garage or adjacent thereto. A typical site plan can easily accomodaEe this change. 2. We are willing to compromise on the proposed five foot se.tback requirement.Ten feet seems Eocalty adequaie and satisfies all safety and fire code requirements. We may revise our plat !o accomodate only eight lots in meeting this compromise, 3. Building overhangs will be liithin rhe . proposed setbacks. Our document submittals will be appropriately amended. As a reminder, flaE roofs would noE present a 'problem. 4. Items four through eight will be amended to reflect the staff's direetlves should the plat be approved by the Board of Conunissioners. It, is our intent to fully conform Eo your seand.ards as outlined in your leuter of September 26, L986, should the plat 99 ?ppto',red at the Board of Cornmissioners meeting on October 28, 1986. I , ,(L Susan Vaughn Ocrober 21, 1986 Page 2 Please contact me if you have any questions or further concerns prior to the meeting. Very Truly Yours ,'r'l')-,ti'/*4L c I *l{n"It-, rr|L,Irr,/ Michael Lauterbach i ** ML/ cdb \ THE VALLEY PHASE III PRELIMINARY STAFF COMMENTS 0ctober 1986 In response to the enclosed Eagle County letter, the staff has the folIowing comments related to each point outlined by the County staff: Po int 1. Under the Town of Va'i 1 regulations, two parking spaces are adequate for a unit under 2,000 sq ft. Our regulations do not address required turn-around aneas or requ'i red back up Iength. 2. A f ive foot setback is unacceptable to the Town of Vai] . I,Je would require that Single Family 1ot standards be met which would reguire setbacks of 20 feet in the front and 15 feet in the side and rear setbacks. We woul d not recommend bui ld'i ng envel opes as thi s part'i cul ar site does not warrant a bui1 ding envelope due to terrain or hazards. With the 0lot line approach, two units could share parking, wh'ich is a positive impact. However, the staff feels that ultimately this project should be designed as a multi-family phase and not a single family devel opment. 3. Vail regulations allow roof overhangs of 4 feet jnto a required setback area. However, given the fact that the setback is only 5 feet to begin with, overhangs into the setback should be avoided. The buffer of 16'or Ll'will not exist due to the proposed 5' setback. 4. The Vail staff supports the Eagle County posit'ion that the PUD guide should be a separate document. 5. If this proposal were to be reviewed under the Town of Vail regulations,it would be revjewed as a major subdivision. The proposal wou'l d not meet Single Family regulations that include: (1) a minimum lot or site area of 12,500 sq ft of buildable area. (2) Each lot shall have a minimum frontage of 30 feet and shall be of a size and shape capable of enclosing a square area 80 feet on each side within its boundaries.(3) Setbacks of 20 feet in the front and 15 on the side and rear. Variances would be required for the existing proposal and would most I i ke ly not be granted. The staff agrees that Eagle County standards and zoning code references should be used throughout the PUD guide. 7. Our Town Engineer, Bill Andrews, agrees with the comments made by the Eagle County staff for point 7 and I concerning drainage. * Town of VaiI staff would like to see a site p'l an with rockfall areas and buffer areas indicated which can be used in conjunction with the report from Banner Associates dated July 3, 1986. Recommendations should also be drawn out so that it is clear what Banner Associates is actual 1y recommending as far as design/'l ocation for each unit. * The staff recommends a site visit- -.. I 75 3oulh fronlage road vail. colorado 81657 (303) 476-7000 October 20, 1986 The Eagle County Board of Cormissioners P.0. Box 850 EagIe, Colorado 81 631 Re: SM-467-86 Final Plat for Phase III Lionsnidge Subdivision, Fi1 ing No. Dear Commi ss i oners: offlce of communlty developmenl The Valley, A Portion of Parcel A, 2 (Elk Meadows) In response to the enclosed Eagle County letter concerning E1k Meadows, the Town of Vail staff has the fo1 1owing comments related to each point outlined by the County staff: Poi nt 1. Under the Town of Vai'l regulations, two parking spaces are adequate for a unit under 2,000 sq ft. Our regulations do not address required turn-around areas or required back up length. 2. A five foot setback is unacceptable to the Town of Vail. We would require that Single Family lot standards be met which would require setbacks of 20 feet in the front and L5 feet in the side and rear setbacks. We would not recommend building envelopes as this particular site does not warrant a building envelope due to terrain or hazards. Wjth the 0lot ljne approach, two units could share parking, which is a positive impact. Howevern the staff fee'l s that u'ltimately this project should be designed as a multj-famiiy development consistent with the existing mul ti -fami ly PUD. 3. Vail regulations allow roof overhangs of 4 feet jnto a required setback area. However, given the fact that the setback is only 5 feet to begin with, overhangs into the setback should be avoided. The buffer of 16,or 11'wil'l not exist due to the proposed 5' setback. 4. The Vail staff supports the Eagle County position that the PUD guide should be a separate document. 5. If this proposal were to be reviewed under the Town of Vail negulations,it would be revjewed as a major subdjvjsjon. The proposal would not meet Single Family regulations that include: (1) a minimum lot or site area of 12,500 sq ft of buildable area. (2) Each lot shall have a minimum frontage of 30 feet and shall be of a size and shape capable of enclosing a square area 80 feet on each side within its boundaries.(3) Setbacks of 20 feet in the front and 15 on the side and rear. Variances would be required for the existing proposa'l and would most likely not be granted. The staff agrees that Eagle County standards and zoning code references should be used throughout the PUD guide. 7. Our Town Engineer, Bjll Andrews, agrees with the comments made by the Eagle County staff for point 7 and 8 concerning dra.i nage. The Town of Vail staff would like to see a site plan with the rockfal] area and buffer areas indicated which can be used in conjunction with the report from Banner Associates dated July 3, .|986. We also recommend that the Commissioners make a site visit to Elk Meadows if possible. A site visit will be helpful in understanding the impacts of the project on the site. 0n 0ctober 17, 1986, the Town of Vail staff met with Mn. Mike Lauterbach to go over our comments. }'le recommended that he look at a multifamily proposal which would place the units on the north side of the site. As was stated in a previous letter, the Valley represents a very sensitive area which reguires consistency and compatibility (including aesthetics) between phases. The multi-family approach will be consistent with the established Planned Unit Deve'l opnent, multi-family nature of The Va1 1ey PUD. Thank you for providing the opportunity for the Town of VaiI staff to comment on this proposal . Sincerely, l./. | 0 |fr,c}r,.. YriE-nlt)\ul \ u'r t Kristan Pri tz Town Planner cc: Mr. Mike Lauterbach Ms. Susan Vaughn Mr. Mike Mollica f Septernber 26, 1986 poard of County Commissioners Assessor P.O. Box 850 p.O. Box 449 Eagle, Colorado 8165l Eagle, Colorado 81631 I AG LECOUNTY 551 Broadway Eagle,Colorado 81631 (303) 328:7371 Clerk and Recorder P.O. Box 537 Eagle, Colorado 81631 6fll4b76tj Mr. Michael Lauterbach P.O. Box 3451 f.anar Capital Corporation Vail, Colorado 81658 RE: File No. 5l'I-457-86 - E1k Meadows Subdivision Dear Mr. Lauterbach, At their neeting of septenber _23, 1986, the Board of county comnissioners reviewed-your riquest for'nr.nor'subdiviston for 10 iocs ln The val.ley PUD. pursuant to Resolution 80-20 adopied uy uagre - county on March 26, L980,- recorded ar Book 300, page'157 aha-if,.-puo plan- and-covenants recorded at Book 300, page isg Er ttre nalre-c"i"cy clerk and Recorder records, the Board f6und"that the correcE "-:?9i"i"lon procedure for your proposal is ruo preiirin..y-fl"n,following section 2.06.1 3 i,f thb rlgle county L!r,J ur" neluiati6ns (fornerry secEion 3.11.04 of rhe zoning Resoiution in effEct tn 19g0 ll9-::l:t:"":d. bv the^PUP^P]""). The iloard ttt"..ior" tabled your proposal to October- 28, 1986,_gt 9:00 A.M. in the County coromissioners Meeting Room, 550 rroadway, Eagl",-c"i"i"io, to allow for the advertising ind noiification to""aj.E"ri froperty'owners of your preliminary,p_lan proposal as reguired'by seciioir 2.is.ol of the Eagle County Land Use Regulations. .l The.Eagle counry planning and Engineering staff reviewed your t-yy.?r?tLmrnary pran proposal on September 24, 1996, and had the-roJ. rowt-ng comments : _1-;.Tl",typical.s.rte plan (Lot 5) reveals a parking situation wnrcn is too tight. There does not appear Lo be Jufficient Eurn-around-s-pace for vehicles in the'irarking area. A 22 foot unoosEructed backup space-is required, but ontv 7 feeE to the side of-tbe parking aiea is shown. ttris-fr;ti;.'witt be compounded when the. snow storage areas arl tuit. nacking out rsould cause encro-achment onto neighbori"g r"i"-"nd also Presents some safety concerns. Sheriff P.O. Box 359 Eagle, Colorado 8163I Treasurer P.O. Box 479 Eagle, Colorado 81631 T Mr. Michael Lauterbach Septerober 26, 1986 Page Two Single Unit Residenrial Lor should be to Eagle pguntyfs definirion. ?. The prop-osed 5 foot setback requirerDent fron arl lot lines l:-unacceptable. Due to the sroall size of these proposed Iot-s, many hones would undoubtedly be builC right^ up to the setbacks. This would enable lot owners to hav6 onry ro i."t of separation between dwellings. Also, there are no proposed . .restrictions against the locaEion of windows on a homE.-'it"ir - -would reco.-end defined bullding envelopes, larger setbact<s, - -or. a 'zero-1or ,1ine- approaeh, as"wel1 ""^ rii'a""-it""-r.rri resf.rictions, for a1I- itwelllng units. -- '--- l 1.. . ngrlaing overhangs must be within Ehe proposed setbacks.This is-not reflected on the sire plan as luUiittea. "4." The PUD Guide should be a separate document and we recommend that it be separated fion the protective covenants.BgEh documenrs will need to be filed with the Final p1at. 5. PUD Guide comments: defined according roval of Construction Plans Eagle County Building Permit is also ir) i.) GRFA should be FAR, as defined by Eagle Counry. i.) i:-.) Should be revised, as per comments above. !.)iii.) nuitaing-height should be defined by Eagle countyrs Regulalionsl i.) iv.) Four off-street parking spaces do not work on these proposed lots - should be"reworked. t.)ix.) - -Stgns : aly and alt signs will also need to be gpproved by Eagle County - refeience should be nade to Eagle County's Sign Godb. Section 1 Definitions - - eaa+'J ^- /' --: 'Section 4 Aoi A.)--ffi-ApF?oveE required. a !r. Michael Lauterbach Septenber 26, 1986 Page Three _ll)I:r:) Temporary Structures - any renporary structure hrnlch Ls necessary-during consEruction, to be used as a dwelling_uniE, wiil-need*an_Eagle Couniy fe.poi".y Housing.Pernit - reference Eagfe Countyl"-i;;;-U;.Rggulatig3g:, - _-._ - Sections 17 and 19 Reffiendnents and enforcenent authorlty of Eag_le County Board of Connissioners should be a s-pecific section o,f the puD Guide and not referenced in the covenants. 9. .The presenr submittar- contains tqro conflicting plans; 1)Engineering.plans prepared- by Mackown Surveying t-firgine6ring (latesr revision_of SepEembei 17, l9g6) and'2)-e :::::ig"i!yl:9 plan nore in rhe iorro -of ? plat bur desisnaring :::::.:-9f11"1c:. Per discussion wirh Micirael Laurerbalh, thE p:"n"- prepared by ltackown are the ones that will be built'and cne tollow1ng co&ments are based upon those plans only.--- ' t-- 7.- As sugge-sted in the Banner report, the southern end of the culvert at sEation 1 + 18 should 6e noved to the wesE such that it doeb not discharge directly at Lot g.- - .8. A drainage swa1e, ritF culverts at drive crossings, should be created or designaced between the roadway and ih. lot".This i.s necessary because the roadruay plans'show drainage awav :I:r_:1". r?adwiy roward rhe lors and rhe schemaric site*plans'tor the lous show drainage away from the lots toward the'roadway. A dicch innediirery lajacenr to the roadway wourd TIgt be ?ppropriate. The swaie diainage should pass uetweeo the roadway -and the drive to Lot 9 vii a culveri under this drivg _placed as a part of the roadway ""a-J.irrur"y cons truc tion. I -. - Mr. Michael Lauterbach Septernber 26, 1986 Page Four me. rf you have any questions, please do not hesitate to contact. Sincerely, ) --:- "." =- ,/ 4/ F d.'aa-,- Uar, g'+<-.,,- Susan Vaughn, Dir"ecEor -- Communi ty-Developoent EAGLE GOUNTY : - sV/gp cc: Files Lgrry -Metternick, County Engineer Mike l{olli-ca, Counry Planner James Fritze, County Attorney Kristan Pritz, Town of Vail Board of County Commissioners ANDERSON.BTOUNT INVESTffTENT CO.%Fb *&-#,' s000 vAsQUEz BoULEVARD DENVER, COLORADO 80216 (303) 292-3790 WILLIAM }I. ELOUN?. JR. October l, L985 Ms. Susan Vaughn, Director Department of Communi.ty Deve lopment Eagle county 551 Broadway Eagle, CO 8153L Dear Ms. Vaughn: As a hollte owner in the Valley, Unit C 12, Buffer Creek Road, I would Like to officially protest this proposed developrnent. Sincere ly , ANDERSON-BLOUNT INVESTMENT CO. t?,4e Ca--Z WiIIiam H. Blount, Jr. wHBjr/jo L'ffib"J'W trruful /'u4/ EAGLECOUN o TY 551 Broadwav Eagle,Colorado 81631 (303) 328:7311 Septerober 26, 1986 Mr. Michael Lauterbach P.O. Box 3451 Lamar Capital Corporation Vail, Colorado 81658 RE: File No. 5l'I-467-86 - Elk Meadows Subdivision Dear Mr. Lauterbach, At their meeting of September 23, 1986, the Board of County Conmissioners reviewed your request for minor subdivision for 10 lots in The Va1ley PUD. Pursuant to Resolution 80-20 adopted by Eagle County on March 261 1980, recorded at Book 300, page 757 arrd the pUD plan and covenants recorded at Book 300, Page 758 of the Eagle County Clerk and Recorder records, the Board found-that the correcE s_ubdivision procedure-for your proposal is PUD preliminary p1an,following settion 2.06.13 6f th6 Eigle counry Land use Reluiations (fornerly SecEion 3.11.04 of the Zoiing Resoiution in effSct in 1980 and referenced by the PUD plan). The Board therefore tabled your proposal to October 28, 1986, at 9:00 A.M. in the County Connissioners Meeting Room, 550 Broadway, Eagle, Colorado, to allow for the advertising ind notification to iaSa-ent property owners of your preliminary plan proposal as required by Section 2.25.01 of the Eagle County Land Use Regulations. The Eagle County Planning and Engineering staff reviewed your FUD-preliminary plan proposal on Septenber 24, 1986, and had the following comments: 1. The typical site plan (t ot 5) reveals a parking situation ,l^ which is too tight. There does not appear to be sufficient lV",l". turn-around space for vehicles in the parking area. A 22 foot ,y/"t ,unobstructed backup space is required, but only 7 feeC to the (l l/l ,- ]side of the parking area is shown. This problem will be u ,,./)' o) compounded when the snow storage areas are ful1. Backing out T *-A t would cause encroachment onto neighboring lots and also l*.rrlr'r-, Presents some safety concerns.r' (rl Board of County Commissioners P.O. Box 850 Eagle, Colorado 81631 Assessor P.O. Box 449 Eagle, Colorado 81631 Clerk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81631 Treasurer P.O. Box 479 Eagle, Colorado 81631 Mr. Michael Lauterbach September 26, L986 Page Two 2. The proposed 5 foot setback requirement frorn all lot lines is unacceptable. Due to the small size of these proposed lots, nany homes would undoubtedly be built right up to the setbacks. This would enable lot owners to have only 10 feet of separation between dwellings. A1so, there are no proposed rescrictions against the location of windows on e home. - Staff would recommend defined building envelopes, larger setbacks,or a zero-lot line approach, as well as wLndow placement restrictions for all dwelling units. 3. Building overhangs must be within the proposed setbacks.This is not reflected on the site plan as subroitted. 4. The PUD Guide should be a separate document and we recommend that it be separated fion the Protective Covenants.Both documents will need to be filed with the Final plat. PUD Guide comments: - Section I Definitions Eag@ ratio area) should referenced from our Land Use Regulations, not of Vail's Zoning Regulations. Single Unit Residential Lot should be defined to Eagle Countyts definition. 5. 4"1 be the Town according of Construction Plans County BuildingPermit is also required i.) i.) GRFA should be FAR, as defined by Eagle County. i.) ii.) Should be revised, as per comments above. i.)iii.) guitaing height should be defined by Eagle County's Regulations. i.) l-w.) Four off-street parking spaces do not. work on these proposed lots - should be reworked. i.)ix.) Signs - any and all signs will also need to be approved by Eagle County - reference should be made to Eagle County's Sign Code. Mr. Michael Lauterbach Septenber 26, L986 Page Three il,LL* i.)xiv.) Tenporary Structures - any temporary structure which is necessary during construction, to be used as a dwelling unit, will need an Eagle County Temporary Housing Pernit - reference Eagle County's Land Use Regulations. - Sections 17 and 19 Reffiendments and enforcement authority of Eagle County Board of Commissioners should be a specific section of the PUD Guide and not referenced in the covenants. 6, The present submittal contains two conflicting plans; 1) Engineering plans prepared by Mackown Surveying & Engineering (latest revision of September 17, 1986) and 2) A non-signatured plan more in the forrn of a plat but designating certain drainage. Per discussion with Michael Lauterbach, the plans prepared by llackown are the ones that will be built and the following comments are based upon those plans only. 7. As suggested in the Banner report, the southern end of the culvert at station 1 * 18 should be moved to the west such that it does not discharge directly at Lot 9. 8. A drainage swale, with culverts at drive crossings, should be created or designated between the roadway and the lots.This is necessary because the roadway plans show drainage away from the roadway toward the lots and the schernatic site plans for the lots shbw drainage away from the lots toward the roadway. A ditch inmediately adjacent to the roadway would not be appropriate. The swale drainage should pass between the roadway and the drive to Lot 9 via a culvert under this drive placed as a part of the roadway and driveway construction. Mr. Michael Lauterbach September 26, 1986 Page Four If you have any questions, please do not hesitate to contact me. Sincerely, do.^- U"^re^ Susan Vaughn, Dir"ector Conmunity Developnent EAGLE COUNTY sv/gp cc: Files Larry Metternick, County Engineer Mike l{o11ica, County Planner James Fritze, County Attorney Kristan Pritz, Town of Vail Board of County Conmissioners NOTICE lS ffingBV GIVEN, pursuant to Section 30-28'l l2-and Section 3O-28-l 16' respcctively, c'R's' 1973' as amendedr and Section 2'25'01 of the Eagle County Land Use Regulations 1982, as- amended, the Boad of- Counti Commissioncrs, County ol Eagle' State of Colorado ar 9:00 e'm" October 28, L9S6 at the Board of County Commissioner's Meetiig Room in the McDonatd Euilding, 550 Broadway. Eagle, Colorado shall hold a public ' hearing to consi&r the following: ' "". t r'"ti ':t*11'11r !r''J '-'!c; A Planned Unit Deveibpment pretiminary plan for 9 ringle family lot.9,-..,.., the meadow at The Valley, more panicularly described as follows: '":"1" ':: PHASE lll . A tract of land lying in Parcel A' Lion's Ridge Subdivisiori. Filing No' 2' a suMvision recorded in the o{fice o{ the Eagle County, Colorado' Clerk and Recorder. said tract being more Plfticulaily described es - ,.',. folfows: 'i... 1 :; ..:'-":'" 'iir'r "'i t'r ,-'U"li*itg it a p6int on the southerly right-of-way line of Lion s-ldgc i;:.1 -. Loop, whence the North l/4 Corner of Section l2' Township 5 South. -Range gl West of the 6th PrinciPal lleridian bears N 60"55'39" E -t259.53feet,thencethefol|owingthreecoursesa|on8saidsouther|y - ' riSht-of-way line: (t) S 49"45'56" W 50.77 feet; (2) 240'51 feet rlong '..thearcofacurvetotherighthavingaradiusofl|28.7|feet.anin. '' terior angle of t.2't2'32", and a chord which bears S 55'52'12" W . .. . .240.06 feet; (3) S 6l"58'28" W 456.74 feet, thence deparcing said -ii right-of-way tine S I lo59'06" E 65.01 feet. thence N 72"-11.41 - ! 1.,1 -3i.00 feet, thence N 76'47'59" E 382.54 feec, thence S 44'59'18" E .80.00 feet to a point on the southerly boundary of said Parcel A, thence the following two courses along said southerly boundary: (l) N '68otS'00".E 320.00 feet; (2) N 50'05'00" E 100.00 feet, therrce .--. departing said southirly boundary N 27'02'59" W 208.26 feet' thence "'''r S 62'57'01" W t21.50 feet, thence N 3"52'59" W9l.5l feet tothe . point of beginnint, containint t57,628 square fee1o13,6,!9 11!tl Pt". or less. , , f'-; . : .: ,r- ,:'r . .Copies of the aforementioned Elk Meadows P.U.D. apptication and rehced documens may be examined in the Office of the Eagle County Depanment of Community Devilopment located in the McDonald Building' 550 Broadrray, Eagle, Colorado. TelePhone inquiries regarding the subject matter.of this . public notice may be made by calting Area Code 303, Number 328-731| (Ex- iension 229 or 226). :.. ,i'. . PUBLISHED BY ORDER OF THE BOARO OF COUNTY COMMI$ SIONERS. COUNTY'Or elCle. STATE OF COLOMDO. ' . : ''""":' ,.. ,, .,,,'l;:o.1,,,t - /si/ TOHNNETTE PHILLIPIi . 1':' ! ,..- . . ",.. ;.::, , county Clerk end Rccorder and i; -. - , , i.,, l;...i:i ::;?$.LH[,gI:,Brl:l:, o ro 4701 El Camino Drive Englewood, CO 801t t (303) 796-2000 l5l8 Buffehr Creek Road Unit #B-29 Vail, CO 81652 September 25, 1986 Eagle County 551 Brcadr','ai' Eagle, CO 81631 Attn: Stp J, 19g6 &:x' Ms. Susan Vaughn Department of Community Dcve lopment Gentlemen: Re: File No. SM-467-86-Etk Meadows Mike Lauterbach As- a property owner in the valtey condominiums, a puD adjaccnt to the referenced property, I wish to be on rccord in opposition to ihis p.o-posal to create ten single family lots o thc properry. This proposal is contrary to the planned devclopment concept of The valley, whose PUD was created to maintain a iompatible environment to the surrounding buildings. It is not equitable that this subdivision should not be subject to the same puD process that regulated the adja-cent property. It is a strange coincidence that this application appears before Eagle county shortly after de-annexation from- ihe rown oi vait,and that it was not proposed during the twelve year period when the property was urder the jurisdiction of Vail. whether or not you approve of vai|s regulatory approval processes, I would urge you to consider the lack of compatibitity of this proposal with the existing PUD, and the applicant's convenient choice of timing his request to appeal to a regulatory body that he will be able to get some-thing. past in a hurry. An incompatibre usc with an adjacent iuo *itt remain on the land through all our lifetimes. I urge you to reject this app.lication, .and suggest the applicant propose a dev-eto-pment coilpatible with the existing pUD. Michael Komppa BOARD OF COUNTY COMMISSIONERIS AGENDA SEPTEMBER 23, 1985 550 BROADWAY, EAGLE, COLORADO 9:00 A.M. REQUEST: TO-ToTE-wfrh lO dwelling units on 3.6719 acres.LOCATION: A portl-on of parcel "A", Lion's Ridge Subdivision, Filing No. 2, phase III at the Val1ey 11:30 Public Works - Doug pilcher/Larry Merternick E1 Jebel lli1l Road Bids 11:45 Unanticipated Items 12:00 - 1:30 LUNCH PRELIMINARY PLAN 1:30 Blue Creek Ranch Subdivision Improvements Agreement,First Interstate Bank, Representatl_ve, Ron Wilson 2:00 Request for extension of a preliminary plan for Stonehaven Condominiums, Lot 49, Block 6, Filing No. 2,Berry Creek Subdivision 2:30 LAND USE REGULATION CHANGES 9:00 Social Services - Mabel Risch 10:00 Revision of Landfill Operatlon Hours - Jim Fritze l0:15(Susan) FILE No: gM-467:g6= Elk Meadows - Mike Lauterbach Minor Changes to the Individgal Sewage Disposal Systens porcion of the Land Use Regulations to contorrn to the State Regulations. 3:00 John Olesonts Lease - Jim Fritze, County Attorney 3:30 Attorneyrs Items 4:00 Signing of Plars tE^cLEcountf 551 Broadway Eagle,Colorado 81631 (303) 328:t311 September 23, 1986 Dear Property 0wner, Enclosed you w'ill fjnd a Public Hearing Notice for a PUD pre- '| iminary plan for 9 single fam'ily'l ots in the meadow south of Ljon's Ridge Loop Road (also known as Buffehr Creek Road). The project was originally submitted as a minor subd'ivision, and has been'rev'ised to be a PUD prel'iminary p1 an pursuant to the Board of County Comnissioners' motion on September 23, 1986. If you have any questions about the project or wish to look at the material , please call me or stop by the Department of Community Develop- ment . Treasurer P.O. Box 479 Eagle, Colorado 81631 Si ncerel y, ../ Or ,/@,4'4e^. Ua/4grA-^/ Susan Vaughn, Direct# Department of Community Deve'l opment SV/eh cc: File Property Owners Encl osure Board of County Commissioners P.O. Box 85O Eagle, Colorado 81631 L Assessor P.O. Box t149 Eagle, Colorado 81651 Oerk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81651 o PUBLIC NOTICE NorrcE rs HEREBY crvEN, pursuant to section 3o_2g_112 and section 30-28-116,^ rgsoscti;"it; c.R.s. rszi,-"; imend.ed, and section 2'zs'o1 of the Eagle -6unty Land use'neluiatrons 19s?,as amended, :: l:-:3:.9- "I !:ur^r t.{ commiss iotrers, - count y of Eagt-t;-STa;6 of Colorado at 9:oO A.u. October Zg, iSdO i:^l!:' !oa5d. of . county c ItcDonald e"iidiiEl"iio-!iTiffi;:";;rIi'3il5"n:-"ilrlt;public hearing to consi.der the i"rioi"lng,-"^"***"--.sha1l hold a A Planned unit Oeveiopment..prelim'inary plan for 9 single farnily lots in the meadow at rhe Varey, mori iarticularry d6siribed as follows: Legal - see attached Copies of the aforementioned.'=::gii:"ti"l. ."9 related documents ffi Office of rl:^E3i*:-9?i":I.?:llit.gl! of community Deveropment l:::::l-1", :l:" I:?:"111 1ii1rai1s, sso ;;";;il;:-;icil:=6:il;;;,. T:-t :::'::...1 l"::i :"- Iu gll+i: g I [.,uu; E.i -,;;i ;"";i'Iir!"ili-iil 13:_r::_Ti1, !3^maoe^by.ca11ing Area cooe soiil ^l.ru"i ;;;:?5ii (lxtensi-on 229 or 226) PUBLISHED BY ORDER OF THE BOARD OF COUNTY COIIMISSIONERS,COTINTY OF EAGLE, STATE OT COLOBADO. /S/ JOHNNETTE PHILLIPS County Clerk and Recorder and Ex-Officio Clerk of the Board of County Commissioners Elk Meadows P.U.D. PlIlng Nu, 2, Clcrk Jod '' .":.,.! lOE.e6 tG.G. rhs'c. s 6!'5t,ol'. i rzrl:o i;.;,-;;;;;: i"il;i:;r;;,r' ii."r ,f,; ,., lrl3 :: :!_p"lr. o( b.ttmtBg, ""n.nr"i"i- i:1,638 rquorc fcer or t.619 acrs-,. ' '.,. DOaC 0r latf.r.- . : :..:': ': .::. ' ...,"'l;:'':'- '.. 8-2 TO EAGLE CCuilro 550 Eroadrvay F O. 8ox 65O EAGLE, COLORADO 8I631 (303) 328-7311 Vai1. Colorado 81658 LffiTfr @F TRANSnflITTAL O Samples the lollowing items: E Specilications WE ARE SENDING tr ShoP D CoPY YOU B1 Attached drawings n ot letter B Under separate Prints Ghange order coveT vra Plans DATE I JOB NO.9-?2-EG I s;1-467-i6 ATTENIION,{e, <rx^L t- ilike Lauterbach/ /E1l< ileadovts PS0SoB0hxFrontaqe Rd. coPlEs DATE NO.oEscRlPtloN THESE ARE TRANSMITTED as checked belor: f] For approval E For your use n As requested V For review and comment as submitted as noted tot corrections O Approved 0 Approved D Returned tr tr tr Resubmit-copies {or approval Submit-copies for distribution Retu rn -corrected prints o tr FOR BIDS DUE 19- tr PRINTS RETURNED AFTER LOAN TO US REMARKS ij.* receiveC tb?_€$Cosc/r nararia'l q thiq Farninq for the neet inC to be held tonorrrgw. Sentenber 23. COPY TO tt f,J 2rG2 ,fiffi, h., er. h. 0t.tt .ncloturc rr. not t. not.d. kindtyt notnv'u''.i on.r. Murroy Propertles of Colorodo Septernber 19, 1986 Eagle County 551 Broadway Eagle, CO 8t631 Gentlemen: The purpose of this letter is to respond on record to the attached subdivision proposal for Elk Meadows. As a . property owner in The Yalley pUD, I am oooosed to the creation of the l0 single family lots on the proplrty in question.The proposal is not within the concept of The Valliy pUD which was_ specifically set up to maintain a planned development compatible with both the surrounding environmeni and the existing uuilalJgi in the PUD. This project should be required to go thiough the-complete PUD process if the integrity of The Vafiey is to- be main_tained. I- hope- you will consider these comments carefully in your evalua-tion of this proposal, Sincerely, -/.!r"'* tfrd"Aok (r/James G. Fdl?patrick JGF/kd Enclosure cc: Valley Condorninium Association One DTC,5251 DTC Parkway, Penthouse One, Englewood, Colorado g01jl, 36t96-2000 ' .Y;'- :';:.t"t Elie--t.:' r. * ; ;,5 S[ir ,;:, ig;-i6 NEFI September L8' 1986 !,1r. Mike Eauterbach P.O. Box 3451 Vail, Co 81658 Re: Surface drainage for EIk Meadows Subdivision Vail' Co +8095-05 Dear Mike, We have reviewed the drainaqe Eor this project particularty as it concerns the drainage which wiLl flow beneath the access drive from Lionrs Ridge Loop Road at approximate ta"116n l+18 (per roadway drawings prepared by ,John MacKown). Our investj-gations indicate that the 18" corrugated metal pi-,pe is adequate for the anticj-pated flows. The location of the culvert is loverned by the roldway profile and the proposed typical croJs-section and their interaction with the existing ground. we believe that the southern end of the l8u culvert night discharge flows in a better manner if it htere moved somewhat to the wesi so that the discharge of 2.0 cfs, with a velocity of approximately 7.3 feet Per second, is not discharged directly at lot 9 as is currently shown. The site plan we were provided indicates that the private access road to these lots is no\'r approximate]-y 25 to 30 feet south of the location shown for our geologic hazard mitigation work. . This encroachrnent increases somewhat the maximum water surface elevation and the anticipated vel-ocities- The critical area will be along the front of lots 5, ? and 8 where we anticipate the velocities could approach 8 feet per second due to the additional encroachment of the short stub driveway which is not shown on John MacKownrs roadway drawings- Structures and driveway fill along these three lots should be protected agai.nst these high velocities with riprap having a mean diameter of not less than 9 inches. This reguirernent could be waived through the use of an lS" diameter culvert beneath tlte intersection with the short stub driveway \there it joins with the main access drivewaY. BANNER ASSOCIATES, INC. CONSULTTNG ENGINEENS & ARCHNECTS 2777 CROSSROADS BOULEVABD GRAND JUNCTION, CO 81505 t lJO3l 243-2242 a AN &..f..*i,.r.".. -..,. ft.tr.r..:r:',,1'j o BANNEF !,1r. Mike Lauterbaqh September 18' 1986 Page t\Jo I have also enclosed a typical site grading plan which may be incorporated since all structures will need to be elevated above the drainage itay at least Ir-9u. Should you have any questions, please do not hesitate to call- Sincerely , BANNER ASSOCIATES, INC. . Donald G. PettYgrover P.E. DGP/r.L) Encl: DraS.nage calculations cc: Susan Vaughn Eagle County Courthouse w,/calculations N R -\\\:'\. -:,rc -]tc<\:\) ff\l 7( 7(( |, o -\\i --$J 4--)' ll:'-il,'F rl\i,N ;l'\ll.:lil /ill,. I,i' -/'t:;.1! ! - :at !1 ,-;q/- t =/2i)l Vrt Vln %/ ',1^u' ll W .!87Eo..11. 39'37'30' !80 . rrr!'E R- Ar W. R.80 W.!tt 6a.l R0A0 cllsslFlcATloN I Primary highway, \ Ugnt'duty road, hard or hard suriace- imProved surtace-- Secondary highway, hard surface- Unimproved road': -'--'--' (-l rara*+eto enrrtc f1u. s. noui. n State Routa to6'22,30', tte* %1 5m 70q) FEEI I xrlortrgfEF s[i) -e n .]' ?3 -l U 'a-'.5' --:r 3+-' it',t - .:: t a cL .g -6 6 .g 11 r l+r 9n 2 .- 4t =<,e E '''=&t .9r E ,! Ftd 50 e_s t{.€l I vo j-- ,J i 3 I o 3 l*-O . o |/l UI Fl! ()z z o- J r3r <lr =E calt!tt s3HCNr Nl (Ol JJONnU lC3UrO r ll ta'l l91i 3 g'r; rt ia (, (,Ea go oo oo o,o !Ei ii i iii t4'/, 6rl@ olo tl+ o z.o g Lr,l l!lr io lz l-llt lo I lz,lo IF IJ lo |(t t..lb to IJ lo IG IO l> E !o .!?s 53 =E =?E=!-:s !3 oF :E E- -6 5E ! ri to TI r L? I i ! a l. Requircd Input AJ 'T. P.Y- aad 3 for respeclj.v.Iy) SJ*(Op!ion!r!: !f adjustaenr is-. not >tr : Use Y and El, xith iable 7 . drainage 8. llodi.fications IMP .."t IMPF -.'?,Lrl-.T-i QPU - -QP : IUPF I cfs 29 DITCH CALCULATION5 :o $= O. 03600 f t,/+t e= B. OOrl cf s Q= O.5SB f t l= go{l.0rl f t Sc= O. OTB91 +t/+l 11= rl.lO.I5Orf Vc=Dc= 0.6?= +t TT= 1.63= MIN VEE CHANNEL E{= O. OITO*Tt ' LT SS=ID.r)D:1 RT SS= r).OO:,*__ 1,r= 5.li fps 3.34 #ps 4.5tr fps ]ITCH f= l= ic= )c= /EE .T Vtr= 3.34 {ps n\a-i\, -\. ^,i*-[]tPNs. Ir \o+5 U)*A +_ t I - lo I ,' ]ITCH CALCULATIONS t= O. O35otl +t/iL )= l.O?1 ft L:. :o Q= B.OOO trfs 20().0(] ft n= o. (:ri5{)o Vc= es B. erx) cf E l-= !OO. O(:r {t V=. 7.69 fps 4.bI tps V= b.77 {ps 4.61 fps lc=O. {13878 +t/+t )tr= 1 .318 +t TT= O. 4:4 ttIN )EE CHAN|'IEL B= O. OOO f t -T S5= 2.Or);1 RT 5S= D.0Ol I )ITCH trALCUKATIFNS j= Q. (:r4r:r(l(:l +t/+l )= 1.047 ft lc= {). e3878 f t/+t n; 6; r1:g$$ Vc=)c= 1..318 f t TT= r].49J MIN /EE trHANNEL F; I). OOO f t -T 55= ?.OO:1 RT 55= O.O{:1 nnar^ c-[lenn-<-,\ A.-, n.n-e LAs C,1 {S i\ 9.o^*{ * rrc' cautuLATr.f.rs O = tJ. O4O(IO +t/St e=' g, L)Cr(l cf s \r= 6.99 f ps = O. 9?6 f t. l_= g(:1 . 0(l f t :-- O.035EI6 +t/+t n= O. O!40(l Vc= 7. lE f ps := 1. 1(16 f t TT= O. 1lF MIN IRCULAR CHAT,jNEL 1.5{'O FT 9o* i,,- -..-\v-eA - vn,.a {L .h*^^*r\ o+% JO6 xO. ,.. CONSULTING E}IGIXEERS I! ANCHIIECTS -- '77' CFOS5ROADS BOULEVABD - 6RAND JUNCTION. CO El5Ol . B03t 243.2242 JOA clLcur-ATEo rY -E>G-\P r.:';- : ;o^..4-\ F - I C cx€cxEo 8Y 3H€ETNO. -Fr ,J,32 r%".o-tr*{ €R.o- t\. Aut-e- *.:.. -l t'. ItJ \ \ I -Q.,ee C C h-.rt -'r o={-J fr n - - ^ I -$ '- p I <c.-l,-re r--t ..- - r..-, \-c-'t- ccrrrcA r -ir o.- $| /r i voo E 3 troo I tl f; :oo o, a 2oo ' f"uk,i5t d:*zfi:.::$ "+ 6 a.z-o_\.s. .,. ?ratA = @.=rn/;.-L 0.3 0.! o.t o.? t.o 0.1 TIT,IE OF. COIICEITF.AtIOI| - hours To further define lirnitations on the graphical uret.hod the results of nunerous TR-20 runs were conpared- with estj.rnaies of peak discharge made with the graphical method. The rr:ns were. rnad.e for ranges'of the tine of concen-tration (hours), the precipitation volune (inchesi, and the curve nunber of 0.5 to 5.0 hours, 1.0 to tb.O inches, and so to g!'",ttuu nunber units, re-spectively. The results indicate that the graphical rnerhod is a valii ap-proxinati.on of TR-20 as long as the initial-abitraction is less than 2s ier- Figure 9. Peak discharge in csm per inch of naoff versus tioe of concentratj.on (Tc) for 2/--houq Wpe-II sto:m distribution. ::i..:f,:-l:_:":i.l 24-hour rainfatt; this constraint. is e-asily assessed uiing the forlowing tabular representation of the constrai"t, *t i"r, relates the curve number (CN) and the minimurn precipitation: . m].n r.nun t.preC].D].E.at]-on 8.00 inches J. JJ . '3.42 2. 00 0. 88 0.42 50 60 7A 80 90 oq 25 "o TIME OF CONCENTRATTON F/ BASED ON -ElgfrIN EXAMPLE O .,*uo*9 irll -FIGURE 803-28 -trc ,-..) 9 o '40 F Lg UJ t! 7u lrl C)z F 22, (,F I an lrj 3 2 = = lrl = I I I i t I L I I a l. L o {,rs€- \tc .sn-t\ Tq^, t.8jl.l-C) vtT 96 C. Cocfllcienl of ntnotf g. oistonce of flow In feet S 'Slo9c in 7" T.. l,^:-l =oA "L Lr'o..s il*"j- LoF O.4OO' S'l?" C. O.7O T"' 15 Mintdes o FIGURE 8O4- 1E 8-36 TJANUARY '1980 (z) 5. rEo l6a rl6 !44 ro,ooo a,ooo 6,OOO 5,OOO EXAMPL E 0.56 ircLr l!.O t..l I Q.66 ct. -' :-6 = F aL. -G--- lrl .F -'.f; -.. a.$t (3)5. r6.f ' L. *6. -4. ?. -e.2. 1.5 r.5 t.5 - r.o t.o -r.O r -.9 -.8 J I .? -1 5 .6 ,6 .t ?9*o . p | 4., -ar- " r zl,5 aY{5 .t-Ll,L{t-,f s4-*---'-- 'e trl .9 48,l - ^^ --a-:zB -42 z' 2 -/o - _-t/, -- too -/ ,eo/ -- '- 5 4 I 2 l!o ttr F tl = .3 HEADWATER DEPTH FOR .'. rb'd h"s <epa.;\ ,fiili; il[?tt".tJ,tt?li vnuck ar.c*l-''- $E< 2.o.9-t rr^'t I Pa\ . € o RECOMMENDED S/TE GRADING 1- site grading should_ s-lope away from the structure in all directions- Recomeende. siopes lre 6 inches in the first 10.'feet and L/4 inch per foot ilsewhere. Foundation should be backfilled with a non_porous, non-swelli,ng nateriar and-should be conpacted to not tess than 9 5 t of Standard proctor oerr-ity i, deteru,ined by AgTtl Standard D-698. :rrrigatS'on shourd be ninimized. or elirnlnated, where possibre to reduce the Dotential for "*""ss uorsture to reach the foundation. 2. 3. sc HEMA TI C or^o,-Ecountf, 551 Broadway Eagle,Colorado 81631 Oerk and Recorder P.O. Box 557 Eagle, Colorado 81631 (303) 328:7311 Septernber 18, 1986 Mr. l{lke Lauterbach Post Office Box 3451 Lamar Capital Corp, Vail, Col-orado 81658 RE: Iile No.: SH-467-86 Dear Mr. Lauterbach, Ttlis letter ls to inforrn you of an error on the letter senE Eo you dated Septenber 16, L986. Iten nurnber 4 should not read Lot ,'4" It should instead read Lot "10". We appologize for this error, and should you have any further questions, please do not hesitate to conLact us. Sincerely, 4c*<:a*-14* Susan Vaughn, Dlrector Deparlment of Communi ty Development sv/cb cc: Nick Larnpiris Kristin Pritz, Tom of VaiI Jim Fritze, County Attorney Larry Metternick, County Engineer Mlchael Mo11ica, County Planner Erik Edeen, County Environmental Health Officer Files Treasuter P.O. Box 4?9 Eagle, Colorado 81631 Board of County Commissioners Assessor P.O. Box 850 p.O. Box 449 Eagle, Colorado 81631 Eagle, Colorado g163l Sheriff P.O. Box 359 Eagle, Colorado 81631 il,.l;,''-. ... ;:ii *Ig*,r-:+.r i ;.,l.il Sli .; : i3ii6 : l'. v\ BANNEFI September 18' 1985 !.1r. Mike Lauterbach P.O. Box 345I Vail' Co 81658 Re: Surface drainage for Elk Meadows Subdivision Vail, Co #8095-05 Dear Mike' We have reviewed the drainirge for this project Partj.cularly as it concerns the drainage which will flow beneath the access drive from Lionrs Ridge Loop Road at approximate tg";16n 1+18 (per roadway drawings prepared by John MacKown). our investigations indicate that the 18" corrugated metal pi-pe is adequare foi the anticipated flows. The location of the culvert is governed by the roadway profile and the proposed typical croJs-section and their interaction with the existing grouad' we believe that the southern end of the 18n culvert night discharge flows in a better manner if it were moved somewhat to the west so that the discharge of 2.0 cfs, with a velocity of approximately ?.3 feet per second, is not discharged directly at lot 9 as is currently shown. The site plan we were provided indicates that the private access road to these lots is noet approximately 25 to 30 feet south of the location shown for our geologic hazard nitigation work. This encroachment increaseS Somewhat the maximum water surface elevation a-nd the anticipated velocities. The critical area will- be along the front of lots 6, 7 and 8 where we anticipate the vefocities could apProach 8 feet per second due to the additional encroachment of the short stub driveway which is not shown on John MacKown's roadway drawi-ngs. structures and driveway fill along these three lots should be protected against these high veLocities with riprap having a mean diameter of not less than 9 inches. This requirement could be qrai.ved through the use of an 18" diameter culvert beneath the intersection with the short stub driveway where it joins with the main access driveway. ffili;l-l:",;'* BANNER ASSOCIATES. INC. CONSULTING ENGINEEAS & ARCHTIECTS 2777 CROSSROADS. BOULEVARD GRAND JUNfiON, CO 81506 . (3031 243-2242 o BANNEFl Mr. Mike lauterbach September 18, 1986 Page T\vo I have.also enclosed a typical site grading plan which may be incorporated since all structures will need to be elevated above the -ilrainage way at least It-9'. Should fou hhv'd Eny questions' p'lease do not'hesitate to call. Sincerely, Donald G. Pettygrove, P.E. DGP/c.L) Encl: Drainage calculations cc: Susan Vaughn Eagle County Courthouse w,lcalculations \turt uij ru H'\i','.r\ \l'i'tr.ft r\-l-o r--.1 I =\ n s 7(( S ttr y5/$ |,K .$N ,/-.-\ i :i <e 2)) .rE @..11. 39'37',30' -.-z . !E0 'R- 8l W.R. go w. 3810c.' E ROAD CLASSIFICATION r06'22',30', Primary highway, \ Ugttt'auty road, hard or hard surface- improved sudtc€-- Secondary highway, hard surface - Unimprored road-i --"--'- l-a Inrarcraro trnrrrr J*( u s. noui" f) Sbte Route 't""*^ qsa 6m 7oq) F€Er I XILOH€?€R {li'l) ., r;i.,.r \ir-r , iJtto ..1r.',,: ' (D ?.l ?3 -? u t 3 g -? t '.2 1 r+r -O .oL.4 ::.-- i,.t :. -ii' +J gr a+a (t{ I l+{ '6 O3 'il ,3 ,! Frd 3d EJ l{..,t .:P s 9g j --',1 :L 3: I o 3 r.l l;1 !;i o F lrJ -o =2 o- |o<tt 2 E G e e 6a6 s3l{cNr Nr (o) JJoNnu l33uro 'a(! 5s 9!o oo oo co rEi -!E : Fi r iii @o Nl@ olo dli z tr o lrl lt TL o z =G lr-o z.9 o qt ;(9|o o G a I E I E (t !o _at :c g!:6 sj E: -:o oL -c =B =-.5;r.E E ri NI F I 17 o, r,rtt r,E J .g_q,f uT4Irg{-.sHE{joR _c!r.aRr ufl roo Ft-rl'*55 :.:: 'c*p"."a *y-LkF o..o?- \-l- .5. drainage : (6-c;- 6-b, or 6-c. QP. QU x . \?c .--C cfs E. ibdifications for Urbanization IllP' I . 29 DITCH CALCULATIONS $= O. OE6O(:| +l/+I e=D= O.5Sg ft l_= Sc= O. 0?891 +t/+t Dc= 0.691 +t TT= B.oorl c+s 5Or). OO f t n= 0. O35{rO Vc=1.6i3 MIN \,r= 3. f -I *ps - - 3.34 *ps 'o CALCULATItrI.]s (1.o4oeo +iztt G= e.tr,r,)t1.395 f t 1-= : i{}1: OO : Cl. {39?l +t/+l n= 0. O_TE()O 0.6?! ft TT= 1.E'41 MIN CHA|.INEL S= {l.0OO f t 55=1O.00:1 *],.=*= O.Oo:1 YY\3i\ -D.BN€, V= 4.5f, fFs S.34 {ps ]ITCH l= ic= 7 cfs +t Vc= t 4' I I I -\.q,.*-[ eto.r<- Lfs U)*oo ( ser-,t,--r-*rsz-:C DITCH CALtrULATIONS l= O, r)F60e +t/+l e-: g. rlOO l= l.t)21 ft [= IOO.OD lc= O. O3B7B +t/+t rti 0. OI=C)C)lc- 1..31Et ft TT= 0.454 MIN /EE CHAN}{EL B: O. OOO f t -T SS= ?.OO:1 RT SS= O;O(l:1 .o )ITtrH CALCULATIONS -i= O. O4(:,(:lO +l/+l ' O= B, rJe{:})= L.QA7 +l l_= ?r:,0.OO {t lc= O. OS87A +t./+t n= 0. (--'f,5{:xl )c= 1. S18 f t: TT= C).49f, MIN iEE trHANNEL g= 0. Otx_r +t -T SS= 2.OO:1 RT SS= O,OO;l cfs +t Va= c+s Vc= \,r= 7 .64 {ps 4.6t lps V= 6.77 fps 4.61 fps {y\arn c-[renn-<-,\ A-=rn=n-e i\ 9.o^-\ "[LAs G,1 {S 311:-lr a--5-11s-6 ITCH CALCULATIONS = O.O4O(.IQ +t/+t e= B.OOD cfs \,r= 6.?9 {ps = 0.9?6 f t [= SO. r]O +t == {).113586 +l/+l n= O.0?4D(-, Vc= 7. lE f ps == 1.106 f t TT= O. 119 MIIV IRCULAR trHAT{NEL El= 1.5t)O FT o @+% -, [v=A - vna rL A-^"*r\ 5'o+€- - 'h\.€+ .o*l--o\ lr4O tb''nt rlr^ \r\ au--t.r-e4 -3ir- l.=n*@;/.l-( \ tr.--*.'..n*.^ d . . I= ,qbr.,;t/t"\o Q= t\Att-e- *o. ...\pi\i' J*r CC h--''t-t -+J za rc3l.eb, I 60i+ \,6 * ,6o15 -' PeaL I *).o,r.,,/,i.-k 0.3 0. of r"tuoff versus tiroe stotm distribution. io,r's 6 o.2o-1,s. =f;..i, '.!,-. :i' l.oO E o q (, x o., 0.? 1.0 0F goICEmlAtIO - bours i rr a<rn nar. .l nah l'v- s.v.r 2/'-hou4 ti"e-Il ni n .i -'.- precip itat ion 8.00 inches J.JJ '3.42 0. 88 0.42 q.0 5.0 TII.IE Figure 9. Peak discharge concentration (Tc) for 50 60 70 80 90 95 of To further define limitations on the graphical nrethod the results of numerous TR-20 runs were conpared with estim.ies of peak discharge rnade with the graphical nethod. The rtms were.nade for ranges oe ttre-tiure of concen-tration (hours), the precipitation volune (inches!, and the curve number of 0.5 to 5.0 hours, r.0 to r0.0 inches, and s0 to 9! curve nunber units, re-spectlvely. The results i.ndicate that the graphicar nethod is a varii ap-proxirnation of TR-20 as long as the initial-abitraction is less than 25 ie!-cent of the total 24-hour rainfall; this constraint is eisily assessed uiing the followi.ng tabular representation of the constrai"t, "t i"r, relates the curve nurnber (CN) and the nininurn precipitalion: 25 O JAlruARg -rs[ -FIGURE 8O3-28 500 400 300 + o :l lrl lrJ l.l. iz 7 trl ()z 3 L o i t t L I ,t t. L IJ F I an lrJ 3 z = = trl =tr zoo roo +-tzr^L. ro o 1.t52 c an.-l\ BASED 0N EOU4I!eN Tg= 1.8 (l.l-C) vt'lt .tF C. Coclflcicnt of runoff D ' Distoncc of flos In tcet S'SloPc 'm oln EXAMPLE D.4OO' S'lo/o C. O.7O T"' 15 Minutes "-... l*s{ stA "L L'o^s $*a L"F ,, FIGU RE 8O4 - I E 8-36 .,ANUARY I98O -'.I,OOO 809 600 5(,0 4(,0 too ,- ot IE lrl =o = o. #'") -- l- ./':' .,/E TRA GE.T / _ rrp!, ' ,..n4(' 4t.t re e,lttctr . tr rtotr G lrl F -o ' lrl lF -5:1.$3>> a n dt to rr. r3.l. (Zt .r (!l ,t.t.cl t.rit l.llt ta .c.1. lllr tl.r r.a rrr.ltltl r.3lt..a li.a ltt.rft O a.a O raalaar at ?ar.ata aa '*l''lll_ "5r---f .-::-f -.t a. I a:, .- !. 2.2. t.!- l.t , t.o LO -1.O. .t .E .t .8 .8 .7 j .7 .o .6 .6 .5 55 53 30 200 60 to 40 !o 20 --J13 ZT.5 e'lFG -LLlrr:r- .t HEADWATER DEPTH FOR ,'. tA'6 hos <cpa.r\ ,ii.'il-; ili.?rt?bL??:l ' wr,^.L. er.cra-..- $€n* 2.o "S: ..dJ. b o SC HEMA RECOMIVIENDED S/rE GRAD I NG r' lite grading should_ sl0pe away from the structure in all directions- Recommended riopes ire 6 inches in trre first r0."feet and I/4 inch per foot Elsewhere. Foundation should be backfilled with a non_porous, non_swelli-ng materi-ar and should be cornpacted to not less than 95t of Standard proctor o"""ity ." a"i.rri""a by ASTM Standard D-898. :rrrigation shourd be ninimized or elirnlnatea wnere possible to reduce the potential foi e*cess molsture to reach the foundation. 2. 3. ET - EAGLECOUNT I Y 551 Broadway Eagle,Colorado 81631 (303) 328:7311 Septeober 16, 1986 Mr. Mike Lauterbach Post Office Box 345 I Larnar Capital Corp. Vail, Colorado 81658 RE: Fil-e No. : SM-467-86 Dear Mr. Lauterbach, As you requested by phone on August 27 , L986, we have scheduled the hearing of your minor subdlvision for Seprember 23, 1986, at 10:15 a.rn.in the County Conrnissioners Meeting Room, ln order to receive publlc connnent prior to the October L4, 1986 neeting to which the Board tabled your application. We have notified adjacenc property or{rners and the Town of Vail of the schedule. As I mentioned on the phone today, there are items which we have requested but have not yet received. They are as fol-lows: 1. A road plan and profile is needed shoruing construction-type plans and speciflcatLoos for the roadway/drlveway which w111 serve the lots, as well as the aeeess to Lots 7, 8, and 9. These plans should show topography, cross sections, dralnage, road cuts, and other engineering details pursuant to the grading perrnit issued by the County earlier in the year. An overall drainage plan is oeeded which lncludes flow calculatlons and which shows drainage patterns around proposed home sites. A formal PUD control document is needed rvhich specifies land use restrictions such as a11owab1e uses, setbacks, floor area limitatlons, height restrictlons, parking requirements, and any requlrements concerning the wa11s for rockfall protection. Lot 4 should be deleted. , ? 4. Board of County Commissioners Assessor P.O. Box 850 P.O. Box zt49 Eagte, Colorado 81631 Eagle, Colorado 81631 Oerk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81531 Treasurer P.O. Box 479 Eagle, Colorado 81651 llike Lauterbach September 16, 1986 Page Two 5- A drarring of a typical lot layout for Lot 9 and for one other Lot should be included, whlch sholrs typical building footprint,parking area, road cut, drainage, snow 6torage. Though I vill be out of the office on Friday, you may leave rhe infornration wich the secretary, and the staff will review it for the ni:eting of the 23rd. I^Ie will' recomrnend tabling to the october L4, Lgg6 meeting if any of the information is not lneluded or does not meet the Countyr s engineering standards. r am enclosing an invoice from the colorado Geologic survey for fees involved in the review of your proposal. you should send your eheck direcEly to them. Sincerely, ^,4 Q/ /@uaztz /Az.a.A,^., Susan Vaughn, Dit""K Department of Couununity Development SV/cb cc: Nick Larnpiris I(ristln Prltz, Town of Vail Jim Fritze, CounEy Attorney Larry Metternick, County Engineer Michael Mo1lica, County Planner Erik Edeen, County Environmental Health Officer Files / 75 soulh f.onlage road Yail, colorado 81657 (303) 476-7000 September 16, 1986 ofllce of communlty development Eagle County Board of Commissioners P. 0. Box 850 Eag'l e, Colorado 8l631 Re: SM-467-86 Fjnal Plat for Phase III at The Val ley, a portion of Parcel A, Lionsridge Subdivison, FiIing No. 2 Dear Commissioners: The Town of Vail Community Development staff would ljke to outline two areas of concern pertaining to The Va1 1ey Phase III. In respect to the first issue, it was decided at the August 26, .|986 County Commissioners meeting that the final plat for Phase III at The Valley would be reviewed us.ing a Type B Minor Subdivision process. The Town of Vail Community Development Department staff does not understand why the PUD subdivision process is not being used when the minutes seem to indicate that the PUD process is required for each phase of The Val 1ey. Mr. Jim Fritze, Eagle County Attorney, stated that in the 1980 minutes of the discussion of The Va11ey it was stressed that each parce'l would need to go through a complete PUD process. He jndicated that Phase III of The Va11ey was approved for ten units having a total of 16,000 square feet of GRFA. It appears that Phase III should be reviewed under the PUD regu'lations. Our second concern is that the Type B minor subdivision will not provide adequate review information, especial1y in the area of site standards. In the Planned Unit Development Distri ct of the Eagle County zoning code, it states in Secti on 2.06. 13 No. I : "The PUD proposal shall be considered as a subdivision in accordance with current Eagle County subdivision regulations. The PUD zone amendment applicatjon shal'l be submitted with a preliminary subdivision p1an. Included jn this submittal shall be a PUD guide sett'i ng forth the proposed land use restrictions." The PUD guide would address basic site development standards that would include maximum 'lot area, maximum lot coverage, maximum floor area ratio, minimum setback, and maximum height of bu'i 1ding. Our opinion is that the informat'i on requested in the sketch plan application, and pre)ininary plan applicatjon sections of the Planned Unit Development District (2.06.13 No. 4 and No. 6) should be required in order to review The Val)ey Phase III. There are also specific standards and requirements (2.06..|3 No.2) and criteria for evaluation of the PUD (2.06.13) which will he)p in the review of the proposa'I. (Please see the enclosed sections of the code that relate to the PUD and Type B ninor subdivision processes. ) As stated in our previous )etter, we feel the proposal js inconsistent and incompatible with the existing and approved multi-family development of The Valley PUD. Phase IIi is bordered on the east by an existing multi-family project (Phase I) and on the west by an approved, unbuilt multi-family project (Phase VI). To compromise the established planned-unjt development, multi-family nature of The Va1ley PUD with a smal'l-'lot single-fami1y development which will be sporadica'l )y developed by each Jot owner js not utilizing good planning princip'l es. The Val'l ey represents a very sensitive area which requires consistency and compatibility (including aesthetics) between phases Il|e hope that you will consider these comments in your review on 0ctober 14,1986. The Town of Vajl Conununity Development staff will also send a representative to the meeting on 0ctober 14th to be present if you have any further guestions. Si ncerely,lt I nl ttrrl'bn Kih Kri stan Pritz Town Pl anner KP: br cc: Susan Vaughn Mike Mollica Jim Fritze c) Adeguacy _of the proposed improvements agreercenE and/or off-site road improvemencs agreenent when applicable in accordance with SectiSn 2.20. For Subraittal Dates, Review procedures, and Fees, See Section 2.25 TYPE B MINOR SUBDIVISION 1) Five (5) copies of an application form alons with a site-p1an, papel copies-df tne final plar, ind any supplenental inforrnltion shall be subilicced to the Departnent of Comrnunity Developrnent. tti"-rui".original of the final plat is iue the Monday prior to the Planning Cororoission hearrng. Accompanying the inforrcation shall be a subdivision Summary_Form_(as found in Appendix A) ""a-tt.required application fee. 2) T-he supplemental information shall include the fol lowing: C 2.2L.O3 a) b) That the land included within the proposed mao ls properly zoned for the proposed'".L;- - ---r That all lots on the proposed- map abut a street or road which is physically acceisible, or capable of bei_ng physically accessible fron the puDlr-c stre_et by conventional vehicle;That satisfacEory evidence has been furnished to the existence of- an adequat" "rra dependable water supply for each lot;That satisfactory evidence has been furnished to Ene exrstence ot a septic tank disposal site, or other 1awfu1 means of disposing of'human ,""i"",which_complies with aIl, aipficlble public heallir lavrs for each proposed lotl That satisfactory evidence has been furnished to Ene geology, soi-Lr- topography, drainage, fire protection, and other conditions so as to indicate the subdivision will not creaEe anv hazards and that all lots will cont.i; ;"i;1 adequate building sites;An improvenents agreement, off-site road inprovments agreement, or other agreemenE c) d) e) f) . . -. ,.{*r ,i. 217 3) required by the Board of County Commissioners pursuant to Section 2.20 of these Regulations need to be executed and submitted C.'tn"-fJ"ra -\ of County Comnis s ioners ;8) Three (3) copies of all the protective covenants, declarations, palty wal I agreernents or other restrictions oi"""d- on the s,Ibdivision,one copy of which shali be fired-i;r-;;;;;;i"g in the office of the Clerk and Recorder at the tiroe of recording the Final plac; This inforroaEion shall be referred to the Councy Engineer, Counry_Enviromeniaf Heairrr-oiti"Il .r,o Counry Arrorney for their i""1"*-"";.;;#;;. The Zoning Administrator of the Department of Connuniry Dewelopment sharl .e..rilr.;il-i;;."; Minor Subdivision and iake final-";;i;; on the Type B Minor Subdiwision. rhe planni"t c;ili""i""-"ia^i5lri .,t County Comnissioners will"sign iire final plat if it has been approved by rhe Z;;i;g-AdrainisEraror. The Zoning Adninistracor shall consider the following in the revierv of the Type B Mi";. Subdivision: a) Adequacy of access, water and sewage disposal on the land to be subdivided:b) Review of the tlinor Subdivision to derernine if the proposed subdivision "o.,fo.r"-t"-tt,"*fii"f Plat-requirements and other applicable ^\ 13qg1ations, poticies and guiiLfines; - c) Aoeguacy -9t !1. proposed improvements agreement and/or off-site ioad irprorrLr"rrcs agreenent when applicable in accordancb wirh Secti;"-t:tii: " *:I.:tt::I-of the decision of the Zonins l^"1_tl1::iaror may be made to the Board Ef County uor'rmt-s s roners . orovided,. however, that such app6al is nade prior to tirirty t:ol a"y"-i3ri"ri"e-Ii.-IlEl'.r the Zoning AdrnininsLr"cort " f ""i"r-o.,. 5::.i::"i:;;1 0.."", review procedures, and fees, see 4) s) 2 .2L.04 ADDITIONAL REQUIREI.{ENTS The additional requirements for shall be the sane as those for a Section 2.L9. C)a ltlinor Subdivision Final P1at, found in 218 2.06.L3 PUD . PLAT\NED UNIT DEVELOPMENT DISTRICT UD.shall be cons idere vlsi.on COrdance I^,curre v1s10n al l r'-Q 1) Purpose - To perraic Ehe applicatioo of netv Eechnology an9 greaEer fr!!aom of design in land oevelopnenE. Ehan -nay be poss ible under-sEricc rnEerpretation of Ehe provisions of Ehese Regularions. The densicy of uses-i"O-'i"i.iEuCe of _developnenc, however, must be-oi--sult.j"iin"and scale- ro be-"pp.opii"l"-"na consisr"n. "iEij Ehe characcer of bigll councy. The u"u-oi it"PUD-provisions- is dEpendenL i.rpon the submission or an acceptable plan, a prov6n favorable envrronEienEal inpact stuciy (if required), and saEisfacEory_ assurances cire'pI.; -;iii-u!'"Iiri.a our. Such planned Unic Deveiop*""c-pi". ii"t U"in accord wich rhe Counry Masrir ii";-;; ur"i'U.currenE.Iy adopted for thl Councy. The Planned DevelopnenE is a separate Zone dis_Ericc and, on]I.-r.f !"r specif icaily "na-piop"iiy applied for, may be.appioved by -ie-d;";;;';;r_ mj.ss ioners in accordaiie ,,rith the provis ions of these RegulaEions. Eh U ri' n 4 I s ub-e uount relim- 2),., Standards and Requirements The following stanciards and requiremenEs shaII govern the application of a pla^n".a-U"it -"- DevelopurenE: a) The PUD shall be consisEent wiEh the inEenE of the IIasEer plan and rhe policies l-haroin Tbe.design anci consEruction of che pUD snaII lnclude adequaCe, safe, and convenienE arrangenenEs for peciesErian and vehicular circuliEion, off_srreeE parkin!-and Ioading space. I^Ihile.fh.ere nal./ be no fixed seEbacks and IoC lttldCilS, Che CounCy COmmissiOners may require such secbacks, loE r,/idEh;, anci space beErueen buildings as he.eisu.y co b) c 50 o provide adequate access and fire protection, to insure p?oper ventilation,light, air, and snoumelt betueen buildings,and to insure. that the PUD is compatible rlith other devel oprnent in the €Fea. As a general guide, 3O feet betrrreen huiLdings is considered nin imum. d) Open space for the PUD shall be planned to produce marimum usefulnesE to the residents of the development for purposes of recreation, scenerg, and to produce a feel-ing of opennpss. All areas designated as common or public open Epace pursuant to the requirements of this section shaII be accesEible bg proper phgsical and legal accegE uaqg. The developer shall provide rrrithin the pUD central oater and seu.rer faci!.ities as mag be required bg the Gountg Commissioners,the Colorado Departrnent of Public Health,and the local health authorities. The development shall be designed to pro-vide for nEcessarg commerciaL recreationsl and educational facilities convenientlg lo-cated to residential hous ino. q) Clustered housing and other buildings shatl be encouraged to promote maxinum open space and economg of development and varietg in tgpe' design and lagout of buildings. h) l'laximum height of structures shaII be established bg the approved PUD ptan. Criteria for Evaluation of the pUD The follouing criteria shaIl be utilized bg the Planning Commission and tie Countg Commissioners in evaluating ang Flan for Planned Unit Deve I opment: Open Space It is recommended that a minimurn of ?S per-cent of the total PUD area shall be devoted to open air recreation or other usable open sp€c€r public or quasi-public. e! f) 3) a) {t' 61 Unusable open 5p€ce shall not be included in the ?5 percent. g e b ! Residential Dansitrg Densitg shalI be lirnited Es required bg the Countg Cornmissioners upon consideration oS the llaster Plan and individual chargctaris-ticE of f,he sub;eet land cl Dengitg of Other UsEs The densitg of uses other than residentisl shall be liarited as required bg the Countg Cofiniesionere upon consideration of the Haster PIan and individual characteristics of the sublect land. d) Architecture Each structure in the Planned Unit Develop-nent shall be designed in such a {oenner €s to be cornpatible ruith other units in the €r€€r get to avoid uniforrnitg and lack of varietg in strucf,ural designs among the PUD. e ) l"ti xed Uses The PUD ehall be designedr insofar as practicable uhen coneidering the overall size of the PUD, to provide cornmerciel'recreational and educational anenities to its residents to alleviate the nesessitg of increased traffic and traffic congeetion. f ) l,lirnioun Area A PUD is not gernritted on a parcel of land lesr then 9 acres in erea. The rnininrun erea Fequirement nag be uaived upon adequate ;ustification shoun bg the ' app 1i cant. g ) ltaintenance of Open Space No PUD shalI be apgroved unless the .Countg Cornmissioners ale satisfied thet the landouner{s} have provided for or established en adequate organizstion for the ounership and maintenance of com,non open sp€ce and private roads, drivEs and 62 O. parking uhich, in the opinion of the Countg Conrnissioners, is best calculated to insure maintenance of such area. Enplogee Housing For anrl PUD pro..1ect, the app Licant is responsible to analgze his emplogee housing needE and shou, hou he is satisfging these needs- Sketch Plan Application An applicant shall subfiit !? copies, or ,nore as mag be required, of the completed application form to the Department of Comrnuni tg Development. The sketch plan shall include, in addition to the subdivision requirernents, the f ollouring information in conceptual or schematic design or report forn: h) )4',t a) b) c) d) f) 9) h) Reasons PUD procedure is more desirabte than conventional p lan; o' Proposed land usesr building housing unit densities; (1) (3) a-\ locations and indicating the Proposed circulation pattern status of street ournersh io; Proposed open sp€ce, e) Proposed grading and drainage pattern; Proposed rnethod of urater supp Ig and seuage, Proposed PUD Guide setting forth the pro-posed land use restrictions; Ang or eI1 of the follouring requirements, urhen neceFS€TIJr based on the cornpl.exitg of the proposal: supporting data to gustifg ang pro-posed conmercial and industrial elements in an area not so zoned; prop osed schedule of develooment phasing; draft environmental impact statement unless rrlaived bq the Board of Countg 'D o.J Commissioners at the request of the app licant, statement as to the impact of the proposed PUD upon the Countg school sg 6 tem (41 (s) (6) (7' t8l (?) statement of estimated Countg s ervices; statement of pro;ected levenue based upon the gear'F Countg tar levg of proJected receipts revenuei demands for Countg tar previ ous and a schedule of that preliminarg site plans, and prelirnin-arg arrhitectursl plans proposed for the first phase of proposed deve I opmen t; proposed method of fire protecti.on; conceptual plans of all architecturel forms anticipated for developrnent uithin the Planned Unit Daveloprnent; ( 101 emp logee hous ing p Ian. Sketsh Plan Revierrr a) In addition to the standard iterns consid-ered in Subdivision Revieu, the Planning Cornnission and Countg Comrnissioners shall aIFo consider the follouing in their revieur of the sketch plan: (1)There are special phgsical conditions or oblectives of development uhich the proposal uill satisfg to uarrant a departure from the standard negula-tion requ irements; (2)Resulting development ui11 not be inconsistent urith the Haster plan ob;ectives; The anea around the development can be planned to be in substantial harmong nith fhe proposed pUD; c 5l (3) 64 o,(4) The adlacent and nearb! communities ui11 not be detriraentallrg affecied bg the proposed PUD; (5) The PUD can be eompleted uithin a reasonab le peri od of tirne, urh ich shalI be deternined prior to final approval of the PUD; (6) Ang proposed conmercial or industrial development san be gustified; (7, The streets are adeq-uate to support the anticipated traffic and the de-velopment rrri 11 not overload the streets outside the planned aFeaj (E) Proposed utilitg and drainage facil-ities are adequate for population densities end tgpe of developrnent prog osed; (9) The emplogee housing plan as provided is acceptable. b) For submittal dates, revieul procedures, and fees for the Planned Unit Development sketch planr see Section ?.?S. 6) Preliminarg Plan Application An applicant shall subrnit 22 copies, ot. more as nag be required, of the completed application form to the Department of Communitg Development. The Preliminarg plan shall include, in addition to the suhdivision requirements, the follouring inforrnation: €) A Final Environrnental Inpect Statement (if required); b ) The overal l developrnent p lan; c ) An Application for Zone Change; d) A PUD Control Documant; e) Ang other information required uith Sketch P lan Approval 65 7, PreI irninarg Plan Revierrl {1} (e) (3) (4) a) fn addition to the standard iterns conEid-ered in subdivision revieur, the Planning Comrnission and Countg Comrnissioners shall consider the follouling in their revieu of the Preliminarg Plan: Adequacg of Final Environmental fmpact Statement (if required); Ang information requested or required bg the Gountg Commissioners upon approving the Sketch PIan; Application for appropriate ;one chang e; The PUD control document. This docu-nent formal lg establishes the permitted Land Uses and must be filed urith the Clerk and Recordar. For 9ubmittal Dates, Revi eur Procedures, and Fees for the Planned Unit Development Pre-liminarg Plan, see Section ?.25. a)Additional Requirements Permits for construction in a PUD shall be issued onlg on the basis of the approved grel iminarg p lan. Ii no construction permits have been i.ssued uithin three gears of the date of final ap-proval of the PUD and if urork has not proceeded in accordance urith said permits, the preliminarg plan shall be automaticallg terminated. Approval mag be extended upon uritten request, uhen reviauled bg the Planning CommiEsion and granted bg the Board of Countg Gommissioners after a pub- lic Hearing. Anendments to PUD The PUD plan as finallg approved bq the Board of Countg Commissioners shall he binding and shall not be changed during the construction of the PUD except upon application to the appropriate agencies under the f ollouring procedures: b) a) b) o 9) 66 al l'linor changes in locations, sitings, bulk of structui€sr height or ch€recter of building rnag be authorized bg the Zoning Adninistrator if required bg cirrumstances not f oreseen at the tirne the prel irainarg plan rrra s ap proved. ' art-other ;h-""s;; ;;;r;-"'s re€rransemenr in lots alI changes in the provisions of open Ep€ce or densitg, mag be rnade onlg bg the Board of Gountg Cornmissioners, f oI lorr-ing the procedures for the pUD Amendment described in Section ?- ?F. b) t of 75 south frontage road Yail, colorado 81657 (303) 476-7000 otflce of communlty deyelopmenl July 29, 1986 Eagle County Planning Commissioners c/o Ms. Susan Vaughn Director, Community Development Departmenc P.0. Box 850 .Eag1e, Colorado 8.l63.l Re: sM-467-86 Final Plat for phase III at the va11ey, a portion of parcel A,Lionsridge Subdivis'ion, Fi l ing #Z Dear Commi ss i oners : The Town of Vail Community Development staff and Planning and Environmental Comm'i ssjon have reviewed the subdjvjsion and final plat ior phase III of The va11ey. frle offer the following comments for your consideration: The vai1 Planning and Environmental commission and staff feel the proposal is general 1y inconsistent with the nature and concept of rhe valley PUD. As you are aware, the intention of this pUD.i s to develop a series of multi-family projects which work together with each other and which respect the sensitive nature of the'l and in this area. we feel strongly.that taking a phase which is Iocated between two multi-fam.i ly parcels (one existing,-one proposed) and subdividing into single famjjy lots for sporadic deve'l opment is inconsistent w.i th lhe overali puo and'the particular site. If Phase III is allowed to be subdivided into single family 1ots,shouldn't the proposal meet the county's (and posiiuly the'Town,i)standards for single family'l ots? The information for the proposal is inadequate. The Town's operational departments need to have prel iminary p1an .i nformation submitted for the proj ect -( contours, uti 1 i ti es, fi re lccess, dra i nage, and staked I ots ) to adequately review the proposal . It is very difficult to understand how the east end of the new road w.i II connect up to the main road. This issue should be resolved. Road profiles of the connection. of the east portion of the road back up to Buffehr Creek Road should be studied. ?. ? 4. Lot_10 is very narrow. It is difficult to determ.ine how feasible it would be to develop this. site without contour lines and ind.i cat.i ons of access points to the lot. The 5 foot setback from Buffehr creek Road does not provide a reasonable buffer from the road. Tract 3 should be broken down to indicate what portion of this tract is devoted_to open space and what portion is devoted to the road.Presently, the tract combines open space, a drainage ""r"r"nt and the road. 7. Lot 7 has an incorrect total .acreage for the site. It appears as though the acreage should be changed to read ,,.0g94 acres.,' 8.A subdivision improvements agreement should be subm.itted with the applicat'i on to determine who is responsib'l e for complet.int'ihe road as wel l as maintaining it. The road fill does not conform to the existing site contours. This situation creates a negative impact on phase it to the *"it-ot pt"."III. Basical 1y, a 30 foot wall of fi'l I exists at the poini where tne private road drops down from Buffehr creek Road. rhe iload design does not.appear to be very sensitive to the adjacent phase. It.i s difficult to determine with the existing information how access roads will be cut 'i nto the individual'l ots as the existing road is very high above the proposed lots. 10. The 5 foot setback from the road should be greater. 5 feet provides very iittle buffer between the road and the development. A 5 foot setback is also a very minimal standard for side, rear, and front setbacks for the proposed lots. ::,3ii?;:'tlhiE'r#1ix\:E^ft:,t:Lk)6"i/u,x!f,,:i\1,,ii, The staff and Planning Commission feel strongly that addit.i onal jnformation must be submitted in-order to thoroughly study-this proposai. without th.i s information, it is difficult to give the proposal an'aolquite review as there are many questions that are still unanswered. We encourage the comm.i ss1oners to consider the possibility of requiring the type of infoimat.i on that wou'l d normally be submitted at the preliminary plan ilage tor a iuuaivision. Thank you for this opportunity to comment on this proposa.l comments wi I I be hel pful . Si ncerely, l,le hope that our Ki'h'.?-h- Kri stan Pritz Town Pl anner KP: br felt that in this location, a machine that was accessed by foot would be better. Donovan felt a traffic hazard would be created because of the crisscross of the traffic. Piper felt he would rather see a pedestrian machine, if the 4 parking spots along the side could be marked for short term. Hobbs agreed as djd Osterfoss. (z. The val This project consisted of 10 single family lots, 1600 sq ft each with 5 foot setbacks. Kristan Pritz stated that the staff did not have adequate information for a final review. Duane asked jf the PUD might have been consjdered the preliminary p1an, and Pri tz answered that it may have been. Donovan was concerned about accessing the road from the lots. She asked if .l600 sq foot lots fit the PUD. After more discussion, it seemed the concerns were: l. Single Family lots inconsistent with the rest of the PUD. 2. If single family lots wilI be accepted, they should conform to County regs for single fami1y 1ots, if not to Town regulations. 3. Information for the proposal is inadequate. Town needs preliminary plan i nformati on such as contours, uti 1 i ti es, fi re access, dra inage, and staked lots. 4. How does east end of road connect to main road? 5. Five foot setback does not provide enough buffer. what portion of this tract is devoted to the road. Lot 7 has incorrect total acreage. Need to decide who js responsible for completing and maintaining the roaq. Road does not conform to existing contours. 6 7. x Tract 3 should be broken down to indicate devoted to open space and what portion is -5- I €= rrl w a- EACLECOUNTY 551 Broadway Eagle,Colorado 81631 (303) 328:7311 Nelson & Tirnothy D, Fitzpatrlck that there has been a proposal in your Lonediate area. For DATE: September 12, 1986 Jarres G.III & James G, Jr., Bryan 712 South Gaylord Streec Denver, CO 80209 The purpose of chis le@r is to advise you made which, if approved, would affect land your information the followtng is provided; Reference File No: SM-467-86-E1k Mead Name of Applicant: Mike LauLterbach Location: E1k Meadorrs, A resubdivision of part of Subdivision, Filing No. 2 Proposal: A Minor Subdivision to create 1O single meadow. DaEe and LocaEion of Public Hearings: Parcel A, Lionts liidge family lots in the Eoard of County Couooissi-oners: September 23. 19g6 at 10:lb A.M. Meetings will be held in the councy conmissionerts Meeting Room ln the McDonald Building, 55O Broadway, Eagle, Colorado. Your conunents concerning this application are inviced. For further infor- macion, do not hesitate t'o contact this office. Sincerely, SV,/eh L Board of County Commissioners Assessor P.O. Box 850 P.O. Bax 449 Eagle, Colorado 81631 Eagle, Colorado 81631 ./ 4/ ./%da-a-J /crzr7,'l'^- Susan Vaughn, Dl-rector Deparcment of Community Developrnent Cterk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81631 Treasurer P.O. Box 479 Eagle, Colorado 8163 a COLORADO GEOLOGICAL SURVEY CUSTOMER ORDER NO. 4l0Jx DEPARTMENT OF NATURAL RESOURCES I3I3 SHERMAN STREET, ROOM 7I5 oENVER, COLORAoO 8O2O3 FHONE l30Bl e66-26t1 INVOICE INVOICE NO. - /6703/ INVOICE DATE 3est. 13, 19rij SOLD TO: Uspariment of Connunitl,, Dev:'l opment lagle County J5r-l tlroedway t-agla, i0 d1d,ll SHIPPED TO: OUANTITY_UNIT cosr TOTAL tLK PltAi)0ltS SiJ6OiYISIJii CGS FILE IiO. EA-J7.OOO3 J. L. ltynes Revlevler PLUTSE Si-liilt liiv0l0t :tuilBER Oil pAy;rEiiT ;.190. J;j DArE SHIPPED:,...-__ .-t n DESTTNATTON: WHITE: Customet copy ' CANARY: Customer copy . PINK: Agency copy GOLD: Accounring copy RETURN CANARY COPY \VITH PAYMENT Subtotal Postage TOTAL ::il )0. r''i i190.00 bcr EA-87-0003 RICHARD D. LAMM GOVERNOR JOHN W. FIOLD OIRECIOR COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL AUILOING _ 1313 SHEFIMAN STRE€T DENVER, COLORADO 80203 PHONE (303) 866-2611 September 12, 1986 Ms" Pai ge i4arti n Department of Conmunity Development Eag'l e County 550 Broadway Eagle, C0 8163t Dear Ms. Martin: IEffiffS SEP r5 ig86 ffi?*'irffi' RE: ELK MEADOI.IS SUBDIVISION l,le have reviewed this proposal and the supporting documentation, as we] I as the general and engineering geology of the area. l'le concur wfth the findings and reconrnendations of 0r. Lampiris and we see no problem with the alternative rockfal'l mitigation plan proposed by Banner Associates. l.le would like to point out that the origina'l cribbing was an inertial design,with a fair amount of flexibility, which the concrete wall will not have.This will require substantial steel reinforcement to be employed for the wal l to have the necessary strength to withstand the high impulse forces it may be subJected to. Dr. Lampiris' conments regarding Lot I0 are well taken and we would llke to reiterate them. In as much as no data exists with |rhich to evaluate the problem on Lot 10, we recommend that it be elimlnated frorn this proposal . 0theruise, we feel no decision should be rendered on the entire subdivision until the detai'ls on Lot'l 0 are available for analysis and review. In summary, we feel that with the exclusion of Lot 10, this development can be successful 1y accomplished with the proper design and mitigation as proposed. Yours truly, //NyL-4v-' Jeffrey L. Engi neerf ng ynes Geol ogi st bcr:JLH-87-021 3214/6 GEOLOGY STORY OF THE PAST. , . KEY TO THE FUTURE EAGLE COUNTIo 550 Broadway P. O. Box 85O EAGLE, COLORADO 8I63I (303) 328.731r ldJ c5 WE ARE SENDING YOU B Attached E Under separate.cover via LETTih @F TRANSNflITTAL "i7, i:- /6 ,l::t::, -- *-.t-eL AIIENTIOR tho following items: tr Specifications TO ! Shop irawings El Prints tr Copy ot letter E Plans O Samples fl Change order E ,l/t r , , coPtEs DATE a{o.DESCRIP''ON t' :l t(. /' - ()(,4 1,/f, -t' a tr. i ;.-.r'z- - ;/r1 1 ';, , d THESE ARE TRANSMITTED as checKed below: E For approval D For your use E As requested E Approved as submitted E Approved as noted n Returned tor corrections E Resubmit--copies for approval il Submit - copies for distribution D Return - corrected prints p For review and comment n U FOR SIDS DUE 19-- ! PRINTS RETURNED AFTER LOAN TO US REMARKS 1, /-a'14 .'l.a' Nicholas Lampiris, PhD CONSULTING GEOLOGIST P.O. BOX 10935 AsPEN, COLORADO AI6!2 t303) 963.3600 9256020 ASPEN OFFTCE September I n l?ElA *rosp \u i i3B6 ",1.::,.''1-lB& .nt{. i[€G k' €rsg. l'lr . l'l i chael Lauterbach F. O. Box 3451 Vailn C0. €1658 REr Seologic Report, Fhase III.' The Valley Dear l"lr, Lauterbach: I have campleted my geologic invegtigation o{ Fhage III, The Valley, of the Lion'g llidga Subdivisian. The property lies aboutt 1/4 mile northwest of Intergtate 7O and approximately t/4 ni Ie northtrast o{ Euf{er Ereek along Lion's Ridge Loop within the Totqn o{ \rail o Eagle County, Eo}orado. The long, nat.r-tlw tract lies along a thin alluvial va1 ley between Lion'g Ridge and the Lion's Ridge Loop. The rna jori ty o{ the tract is open meadow o e:<cept r.rh€rre the hillside along the gr:uthern edge is {airly heavi}y r+ooded. The proposed bnilding siteg are to be placed at the base o{ this hill ag shown on the accompanyi ng .nap, except that Lot lt) lies between the Lion's Rid{e Loop and the slrbdivisicrn access road north of the r:ther lotg. The geol ogy of the gite conrii stg o{ the Pliddle Pennsylvani.an age F1i nturn Formati on crnder the site gradi.ng r-tpward into the Pennsyl van i an-FeFrn j. an age llaroon Fornati on on the steep hillsider to the north. Bedrock in this area dip* genarally about 4O degrees tc the north, or into ther steep hillside. There are sorDe ancient faults in the arear but these are consi dered inactive and no evidence o+ recent rnovement has been noted in the i mrnedi ate vicinity, The bedroch: L{ni tg range {rorn ghaleg to siltstones and selndstones with some carbonate units interl ayered on the hillside above the site. The bedrock units at the site are covered by a thin, alluvial deposit grading into colluvium both north and sonth o{ the gite. This was probably a minor valley "f ormed durring a glacial epoch; evidence o{ glaciaL drift and granitic eratics can be found at higher level:i. There it; no evidence t:f channeli:ed {l our in this valley. The only potential Iy serious geol,ogic ha:ard asgotriated r.lith this site ig that o* rocl.;{all down the steep hi I Iside to the north, Thi s potenti al hag been previ ot-ts1 y addregged :peci{ica}Iy in rny letter of I'lay 1!', 1?E&. I'litigation hag September 1 , 19816 Eeologic Report, Fhase IlIo The Valley Fage Two been proposed by Fanner Aggociates and a tr6py o{ their report is herein i nclr-rded. Lot 1O, however, in its position di'tf erent than the other lots, has not been included in the plan +or mitigaticln by Banner nor specificalIy addressed in my own roc[,:f al l sturdy. For this particurlar Iot to be developed, rnore elaborate mitigative design will need to be prodlrced. In order to ingurre proper f or-rndation design f or each propt:se'd new strncture, site specific soils engineering studies will need to be per{ormed. There may be a slight possibility o{ h ydrocornpac t i on in the alluvial sclils. Further drainage stLtdy by a civil engineer should be per{ormed in addition to t-he one already produced by Banner Aggoci ates in order to take into accolrnt the raised accrss road into the property f rom Lion's FidgF Loop. lrlate'r and waste disposal siyctems are already availablE t6 the gite. This ghould be a suitable site {or the proposed development o{ Lots I throurgh I, i{ the prece,ding reconmendat i ons ,including speci'f ically the rockfall recommendationsr 6t-p {ollowed. P1ease do not hesitate to contact me i{ there are f urrther questi ons. Si ncerel v../r -r ,,t^ l,u/6"-/d--p,tZ. Nicholas LarnbiriE Consurl ti ng Geol ogi st encI. ctr: Eolorado Beol ogi c Survey Eagle County Pl anni ng DeFartmeht NL./c I k BOARD 550 OF COU}ITY COMMISSIONERS ' AGENDA BROADWAY - EAGLE, COLORADO AUGUST 26, 19g6 9:00 A.M. 9:00 (Susie) PRELIMINARY PLAN 9:30 (Uite) MINOR SUBDVISION 10:30 (Susie) Bruce-King, Vail Associates, Inc.G-1-86- Lot 6, Block 1, Tract H, Beaver Creek File No:=--Kequest: Location: File No: Reqna;T: Location: SU- 254-86-P-Colorow Subdivision single fanily lots on 400 acres. S_quaw Creek Drainage between Edwards and Wolcott A-portion of parcel A, Lionts Ilde. Subclivision, Fiiing No. 2,Phase IfI at The Vallev.- .'1' : ,t .' .i\/A)-kd T Lt cf J b / L / /f , ! e L_ r 'e .//-/) /:( a//l/-Ll/ )tcL/' ,/;t;-.t t*UA:' 1.rqft ,/t | | /i' r$- 7.'J qs? r / Sn-467 -86-EIk Meadows Subdivision ;i 3.67L9 acres. rrJ /,,\ r.n tt lf: f- fn [l fl f-\[l TV l_trA\a ttr \z\/ uJ LJ\ L u NNENf,@RAN DU NN Susan Vaughn, Director Connn. .l 0: Larry Metternick, Engireer Dev. Sus.Jecr r Belov fpgg3Wi11i" y^t k\@ DRfe:Augusr 26, Lg86 RE: Access road constructed under Gradlng Permit /13015 for phase fII at the Val1ev a portion of Parcel A, Lionsridge Subidvision, Flling 2. Did not observe lnicial construcEion. Observed access road. as built to date.Please note the following connents: 1. The "Hamrnerhead'r Cul-de-sac and a portion of the access road have not been constructed. The plans indicate 5lg feet to back of cul_de_sac.Approxirnately 350 feet of roadway has been constructed. ' 2. Co-mpaction apPears to be inadequate. There is evidence of embankment sluffing in one area. Per Review RoutS.ng Form, the applicant was requl-red to hj-re a testing firm to perform compactJ-on tests. Cornpaction testing results have apparantly not been submitted to the County. 3- Subgrade and ditches are rough and have not been finish graded. Surface rocks have not been cleaned up. 4. Topsoil is stockpiled, and has not been graded back on the slopes. The slopes are rough. 5. Culvert as shown on Grading plan has not been inst.alled. 6. The Grading Plan indlcates pLanned base course and asphalt" although l-t is uncertain when this is to be completed. only the subgrade has been constructed. wP/cb cc: Fl-les ..- -:;'<*..I|t-t-;r1.*r..,*,r- l- .. ,i,,J'--t ..^rit . BOARD -- OF COI'NTY COMMISSIOTIERS 1 RECOMTTENDATIONS AUGUST 26, 1986 FILE NO: REQUEST: BACKGROUND: STAFF RECOMI'IE}IDATlON: Type B Minor Subdivi.sion approvaf-Tor 10 revlew. !lnC-1e-farnily lots in Phase III, rhe Valley.The Valley PUD was developed before the Coirnty had regulations. Because of concern by the County about the specifics of the plbn, the Board. of County Cornnissioners revilwed'and gpproved a plan on March 26 r -a98O, -to*specify *'-- locations, phases, numbers of dweiling units-and allowable square footage in the Villey. A resolution and planned unit developrnent giriae vas signed and recorded at Book 300, page 757,Reception l{o. 197146, and Book 300,'page 758,-Reception No. L97147, which specified ihat al1 tracts-must cornply with the Countyrs subdivision and zoning procedures- and appear before the Board of County Conmissioners- for The Valley was annexed by the Town of Vail and then deannexed. After the Countv had jurisdiction again, the applicani applied for and receive{_a grading permit on May 15, 1980,Perroit No. 3015 tq construct a road on the subject property. The Planning Comnission reviewed Ehis proposal and passed it on to the Board with no recommendation. Recommend Denial - Section 2.21.03(2)(e) of the Eagle County Land Use Regulations requires that satisfactory evidence be presented that safe, adequate building sites are shown. The applicant has not presented such evidence.Drainage, and geology il particular appear to be a problen. The road has not been conseructed according to the specifications of the grading pernit. No evidence has been shown that there can be physical access from the constructed road to the lots because of the steep sides on the 1ot. SM-467-86-E1k I'feadows/Mike Laurerbach nmtenoffnee mnemn@remdumm To: Larry Metternick Subj.ct: The Va11ey Phase III From: F susie vaughr E' Fila No.: sr.{-467-86 Date: Augusc 7, 1986 to Please inspect the road. constructed on The Bullding Perurit #3015. Has the road been const.ruceed according to May 16, 1986? I an also enclosing fiLe SM-467-86 for your Thls proposal will be reviewed by the Board August 26, L986. fhank y.ou. Valley, Phase III, pursuant the grading p1-an approved reveirr. of County Commi s sioners ,T,--:,------*tr,r.a.J ..- --t-.l t t.: i.-. . :..j \ f- !lnr't. ::rl lii I i: ,..r^ .] i, I -; i ':-*- . J! . :,,,.-i-i,::ri.1;,;\$ ...*,{.ld|aa- -.\ {,. ..- .;r'i "j" (1) APPENDIX A Subdivision Summary Name of Subdivision E1k Meadows Subdivision Form (2) Type of Sketch JUL JI P86 H,ffi..S Application Prelimi.nar-v Final Plat Mtnor \{aiver (3) Property Owner Name Lamar Canital Corporation Address P.O. Box 3451 Vail, Colorado 81658 Daytime Telephone Number t+7 6-69 44 (4) Surveyor Name Eagle Va11-ey Engineerlng & Surveying /(\ Address 953 South Frontage Road West Vail. Colorado 81657 Daytime Telephone Nunrber 47 6- 487 3 Applicant Name Michael Lauterbach Address P.O. Box 3451 Vail Co lorado Telephone Number 476-6944 815s8 Daytime Narne or Loeation of Subdivision /A\ (7) (8) Lot Township Block Range Number of Lots Subdivision Section Zone District Project fnformation Housing Type Single Family Duplex Multi FamilY (9) Total Number Number of Units 10 of Dwelling Units 2 10 10 1'- .:i (18) Twenty-two copies of Sketch and Preliminary Plansi five copies of Final Plats, Minor Subdivision, and I'laiver Applica.tions; and three copies of proteeti.ve covenants declaration, party wa11 agreement or otber restrj-ctions plaeed on tbe subdivision must be submitted. For ,Fi.na1 Pla.ts and Minor Subdivision, a corrected and signed My1ar, and a signed copy of protective covenants, declaration,party wall agreement or other restrictions must be re-celved at least seven (7) days prior to the Planning Commission hearing. The above information ls correct and accurate to the best of my knowl 7'zr- eL Signature 'Michael Lauterbach Date 3OR OFFICIAL USE: Received by:Date: Accepted fctr the Planning Comnlssion Review meeting "tQ..a,4 -CC _.7- Revierv Fee Recording fee Receipt Number 2a/4 Q ttsT 75 south trontage road vail, colorado 81657 (303) 476-7000 ottlce of communlty deuelopment July 29, 1985 Eag'l e County P1 anning Commissioners c/o Ms. Susan Vaughn Director, Corrnunity Deve'lopment Department P.0. Box 850 Eag1e, Colorado 8163.l Re: sM-467-86 Final P] at for Phase III at the val 1ey, a portion of parcel A,Lionsridge Subdivision, Filing #2 Dear Commissioners: The Town of Vail Commun'i ty Development staff and Planning and Environmental commission have reviewed the subdivisjon and fjnal p'l at for phase III of rhe Val'l ey. tle offer the following comments for your consideration: 1 . The Vai l P'lann ing and Envi ronmental Comm.i ss.ion and staff fee l the proposal is general'ly inconsistent with the nature and concept of The Va1 1ey PUD. As you are aware, the intention of this puD is to develop a series of multi-family projects which work together with each other and which respect the sensitive nature of the'land in this area. Ue fee'l strong'ly that taking a phase whjch is'l ocated between two mu] ti-family parcels (one existj ng, one proposed) and subdividing into single family 'lots for sporadic development is inconsistent with the overali pUD ana-the particular site. 2. If Phase III is allowed to be subdivided into single family lots,shouldn't the proposal meet the County's (and possibly the-Town'i)standards for single family lots? 3. 4. The information for the proposal is inadequate. The Town's operational departments need to have preliminary plan information subnr.i tted for the project (contours, util ities, fire access, drainage, and staked lots) to adequately review the proposal . It is very difficult to undenstand how the east end of the new road wil'l connect up to the main road. This issue should be resolved. Road profiles of the connection of the east portion of the road back up to Buffehr Creek Road should be studied. Lot 10 is very narrow. It is difficult to determine how feasible it would be to develop this site without contour lines and indications of access points to the lot. The 5 foot setback from Buffehr Creek Road does not provide a reasonab'l e buffer from the road. Tract 3 should be broken down to indicate what portion of th.i s tract is devoted to cipen ipiCe and what portion is devoted to the road. Present'ly, the tract combines open space, a drainage easement and the road. 7. Lot 7 has an incorrect total acreage for the site. It appears as though the acreage should be changed to read ".0894 acres.u . 8. A subdivision improvements agreement should be submitted with the application to determine who is responsible for completing the road as well as maintaining it. 9. The road fill does not conform to the existing site contours. This situation creates a negative impact on phase vI to the west of phase III. Basically, a 30 foot wall of fill exists at the point where the private road drops down from Buffehr creek Road. The road design does not appear to be very sensitive to the adjacent phase. It.i s difficult to determine with the existing information how access roads will be cut into the individual lots as the existing road is very high above the proposed lots. 10. The 5 foot setback from the road should be greater. .5 feet. pnovides very little buffer between the road and the development. -A 5 foot setback is aiso a very min'imal standard for side, rear, and front setbacks for the proposed lots. 11. In genera'l , the site planning for this project is very poor and is not sens'i ti ve to the si te. The staff dnd P'l anning Commission feel strongly that additional information must be submitted in order to thoroughly study this proposal . wjthout this information, it is djfficult to give the proposal an adequate review as there are many questions that are stil'l unanswered. lde encourage the commissioners to consider the possibility of requiring the type of information that would normal 1y be submitted at the preliminary plan stage for a subdivision. Thank you for this opportunity to comment on this proposal comments wi l'l be he'l pf u1 Si ncerel y, 5. 6. ll|e hope that our K'i'h'^3,h- Kristan Pnitz Town Planner KP: br MEMO ,nF€.rlb e TO: FROM: DATE: I(E : Susan Vaughn Eagle County Coruauni ty Development Michael Lauterbach Lamar Capital Corporation July 28, 1986 Elk Meadows Subdivis ion Geologlc Information Referencing item three of your letter dated July 23, 7986, please a11ow this correspondence to confirn that the road cuts deptcted on the engineered dravrings prepared by MacKon'n Surveying & Engineering were not required. In order to avoid the engl-neered road cuts, we nodified the location of the road centerline rrithin the road easement during construction. Please contact me if vou recuire further lnforrnati-on. EAGLECOUNT o Y 551 Broadway Eagle,Colorado 81631 (303) 328:7311 JIJL J r iSAO ffi,*tffi July 23, 1986 Mike Lauterbacb P. O. Box 3451 Lamar Capital Corporatlon Vail, CO 81658 RE: Application F Board of County Commissioners Assessor P.O. Box 850 P.O. Box aH9 Eagle, Colorado 8163I Eagle, Colorado 81631 The following items are needed for your mlnor subdivision submittal- to be heard by the Planning Commission on August 6, 1986 and the Board of County Commissloners on August 12, 1986: \'l-. A completed application '''2. Fee of $250,00 ,3. Geologic Information; specifically, slope stability ln reference to the road quts '/4. 9 more copies of the information If you bave bny more questions, please call our office. Sincerely /^-*'%-vtut-*uan Susan Vaughn, Director Community Development Clerk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81631 Treasurer P.O. Box 479 Eagle, Colorado 81631 I.A},IAR CAPITAL CORPOMTION P. O. Box 3451 Vail, Colorado 81658 July 17, 1986 Susan Vaughn Eagle County Planning Comission P. O. Box 179 Eagle, CO 81631 JuL !81986 sjtr.S Dear Ms. Vaughn: Enclosed please f:ind a final plat for Phase III ac the Valley,_.-a porEion_of Parcel A, Lion's Ridge Subdivision, Filing No. 2 ("Phase I1I"). The plat identifies-ten single farnily building sites numbered one through ten which we intend to- sell individually. Also identified are Tracts 1, 2 and 3 which consist. of open space, the private road right-of-way, and uEility and draj-nage easements. we believe that the plar furry conforms-to the protective covenants referenced in the planned iJnit Development Plan which was recorded March 27, 1980, in Book 300 at_Page 758 as Reception No. L97L47 of che records of Eagle county,Golorado. Simultaneous with recordation of the proposed p1at, the enclosed Declaration of Protective covenants -for phise irr, to be called the Elk Meadows Subdivision, will also be recorded. Pursuant Eo paragraph 4 of the original pUD plan, a six foot wide road shbulder was required to-be constrircted north of and conEiguous to Phase III by the owner of Phase III prior to issuance of any building permit. The pUD plan further-allows the Board of County Conrtissioners and the ovrner to mutually agree that the environmenEal cost of such improvements wouid outweigh the other benefits of installation of a road shoulder.Installation of a road shoulder would cause i-rreparable damage !9 thg native vegetation in the area adjacen! to the road.Therefore, we believe Ehe environment.al-cost certainly outweighs any benefit and vrith t.he Gommissioner's approval we wish to vSid this requirement. _ _- Eyg" Ehough Phase III is not presently subject Lo the Town of vail's Ordinance ll5, which relates to gi:ologl-cally sensitive areas, we have addressed this issue. pursuanE to settion 5.8 of the ordinance, a site-sp_ecific geologic invest.igation has been completed and enclosed for Phase rrr, which addiesses rock fal1 hazards. The engineer's opinion indicates that each structure can employ certain sErucEural characteristics which will mitigate potential propert,y damage should a rock fall occur. However,"Ordinance /15 does not require the employment of these mitigaiing Susan Vaughn July 17, L986 Page 2 criteri-a if construction by an owner does not increase the hazard to other property, structures or public improvements.It is further Ehe engineer's opinion that development of the proposed structures or improvexoents will not increase the l:,azatd to other property, structures or publJ-c improvements.A drainage r€corrmendation has also been provided by our engineer . The submitted plat provides noEice that Phase III lies in a geologically sensitive area and that a future owner may be subject to the cerus and conditions of the Town of Vail Ordinance /f5 issued in 1985. Please note the easement located between lots 4 and 5 on the Plac. We have received Quit Claim deeds or letters promising the same from each of the following utilities:Heritage Cablevision, Vail Water & Sanitation, Mountain Bell,Public Service Co. (gas), Western Slope Gas and Holy Cross ElecEric. Upon receipt and recordation of all necessary deeds, the easement will be vacated thus allowing complete utilizaEion of lot 4 by a prospecEive purchaser. Please eontact me if you have any quesEions or if you require fu::ther informat.ion. Very Truly Yours, Michael LauEerbach ML/cdb Enclosure ( s) PITAL CORPORATION dT,r;\d {..' ;nt f7 ,- f,-v,I rllL rv i; E/\1' C d li 7 0 )/ Nid t,\ 1L n*f r', P,' f' tA v 't 'b'-fk 58 rri 1 -')Fn ,t'/L 'n N F 7 IJ tl "1 I 1 !- 0, 1 o I n \J nil 'm UI 0 t,ol q fr i\r t \N I N b.r N fi\, F H t s 0 0 { vi o , t ) d \ ul (.) > (" I 1 n) t\'v= 6 rn l' !v r-i t I R r y -+? $ F6t i q\rt 1j7)j i L l, sfl v -H ll :t\ N P r (i'1 I LI c - lt\Ltn ' ,lt itl u'l> II ln It IF lL I I 'l I I t E fl rrl I t ri tJ t ljl rt v ^t 1o)7 ih [', L : rt N L l;+ n F -i tr "(, F! T -,I ti'd t ' ir df !, k d;\,('iij i \ fi174t +P i1F, ) r iir F'n fi;: ti '-ldL A 0 -' ! rt l,l{/,i').+'I l,k / $t cl d rt ti >>n-{rhj t'D 4t a.^.rt-t. N 1 rrl 1. lv I ;I L s ID vk l- ,lr rH r'l 4 flr t l'-l' 4',4"-rN, $ s 'lt/ fi\rl (\ -N to t\t f'4 -11 ''--n f.t fn v tq I,'r6', \r, 0r @ Zlll 'Ill ' i,ld 711 (1"t1l (l 7l (l ;fl ,, I l I I J L L -0' 1 EAGLECOUNT o Y 551 Broadway Eagle,Colorado 81631 (303) 328:t377 July 23, 1986 Mike Lauterbach P. O. Box 3451 Lamar Capital Corporation Vai1, CO 81658 RE: trplication The following items are needed for your minor submittal to be heard by the Planni-ng Commission on and the Board of County Commissl_oners on August 12, 1. A completed appl icat i.on 2. tr'ee of $250.00 3. Geologic Information; specifically, sl_ope reference to the road cuts 4. 9 more copies of the information subdivision August 6, L986 1986: stability in If you have any more questlons, please call our offic,e. Board of County Commissioners Assessor P.O. Box 850 Eagle, Colorado 81631 P.O. Box zl49 Eagle, Colorado 81631 Sincerely /-**%*rt"-*pn Susan Vaughn, Director Community Development Clerk and Recorder P.O. Box 537 Eagle, Colorado 81631 Sheriff P.O. Box 359 Eagle, Colorado 81631 Treasurer P.O. Box 479 Eagle, Colorado 81631 July 3, 1986 !{r. Mike Lauterbach P.O. Box 3451 Vail, Colorado 81558 Re: Rockfall Mitigation The Valley, Phase ffl 8095-05 Dear Mike, Since our conference call with Nick, I have revised the schematic draw.i.ngs for the rockfall mitigation as we discussed. We are wj-lIing to reduce the requirements for mitigation providing it is specifically understood that we can not provide assurances against aIl anticipated rockfalls. By placing the structures immediately south of the utili-ty easement boundary as shown on the attached schematics, a reasonable buffer eridth will be provided for a run-out area into which most rocks will accumulate. In addition to the buffer, we recommend the elevation of structures in order to provide a four foot hiqh impact barrier. ft is also recommended that the garages be placed on the north side of all living guarters to serve as a buffer for stones that may overshoot the buffer area and impact barrier. I{abitable areas not protected by the garage should set back approximately the same as areas protected by the garage. Building structure not. protected by the garage shaLl be protected by the four foot high impact hrall to the greatest extent possible but in no case less than the projected structure width. Grade transitions beyond the ends of the impact walls may be made at slopes of approximately 3:I or flatter. The impact barriers should be faced with a minimum Lhickness of six inches of timber ties, landscaping logs, poles or other like material to help distribute the impact over a greater area of walI. The timbers should be of a type that after impact the facing can be replaced to original condition. BANNER ASSOCIATES, INC, CONSULTING E:JGtNEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION. CO 81506 . l3O3) 243-224? BANNEFl BANNEF l4r. Mike Lauterbach July 3, 19B6 Page Two The location of the structures wiII constrict the natural drainage path through the sites and as such will require that the foundations be adequately embedded and designed to withstand periods of partial submergence. Culverts in access drives should be 18" diameter minimum' which wi-ll provide adeguate capacity to carry most normal flows. The replacement cost will be minimal should a large storm event wash out the cul verts. Should you have any questions please do not hesitate to ca1l. Sincerely ' BANNER ASSOCIATES, INC. \ ., ft -Fi.g:\-----h---&( (s \ rffi--\i,!----L Donald G. Pettygrove' P.E. DGP/rtj Enclosures ORDINANCE NO, 19 Series of 1967- AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD NO. ].6, ELK NEADOWS) ANO THE DEVELOPMENT PLAN IN ACCORDANCE I.IITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARO THERETO I.THEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and ITHEREAS, Lamar Capital Corporation has submitted an application for a Special Development approval for a certain parcel of property within the Town known as The Valley, Phase III, part of Parcel A, Lion's Ridge Subdivision Filing No.2 to be known as Special Development Distrjct No. 16; and }IHEREAS, the establishment of the requested SDO 16 will insure unified and and coordinated deve'l opment within the Town of Vail in a manner suitable for the area in which it is sjtuated; and I,IHEREAS, the Planning and Environmental Commission has recorrnended approval of the proposed SDD; and |IHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to establish such Special Development District No. 16: NOl'l, THEREFORE, BE IT ORDAINED BY THE TOl'lN COUNCIL OF THE TOI'JN OF VAIL' G0L0RAD0, THAT: cti on ures F Commi ss i Reoort. The approval procedures been fulfilled, and the Envi ronmental Cormi ssi on SDD 16. Chapter 18.40 of the Vail Municipal Code have has received the report of the'Planning and approval of the proposed development plan for prescribed in Town Counc'i l recommend in9 Section 2. Special Development 0istnict No. 16 Special Development District No. 16 (SDD No. 16) and the deve'l opment plan therefore, are hereby approved for the development of Phase III The Valley' part of parcel A, Lion's Ridge Subdivision Filing No. 2, within the Town of Vail consisting of 3.6 acres. Sect'ion 3. PurPose Specia'l Development District 16 is estab'l ished to ensure comprehensive deve'lopment and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as comp)imentary to the Town by the Town Council and meets a'l 'l design standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff memorandum dated June 8, 1987, there are significant aspects of Special Development Djstrict 16 which are difficult to satisfy through the imposition of the standards of the Residentjal Cluster zone djstrict. SDD 16 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. In order to help preserve the natural and scenic features of this site, building envelopes wil'l be established which designate the areas upon the site in whjch development will occur. The establishment of these building envelopes will also pernit the phasing of the development to proceed according to each individual own€r's ability to construct a resjdence. SDD 16 provides an appropriate development plan that maintains the unique character of this site given the diffjcult site constraints which must be addressed in the overal 1 design of the project. Section 4. Developnent Pla[ A. The development plan for S00 16 is approved and shalI constitute the p'l an for development withjn the Special Development District. The development plan is comprised of those p1 ans submitted by Lamar Capital Corporation and consists of the following documents, whjch wil1 be finaljzed at the major subdivision final olat review: Elk Meadows Subdivision Phase III: Preliminary Plan Building Envelopes and preliminary utility plan, Phase III The Val'l ey, February 23' 1987' I'lr. Lee Lechner, Colorado Registered Land Surveyor Elk Meadows Subdjvision Phase III Access Road Design Drawing, John MacKowen, Surveying and Engineering, Inc., June 5' 1987 FINAL Landscape Plan, Elk Meadows, Phase III, Mr. Dennis Anderson, Associates, June 30, 1987 Elk trleadows Subdivision Phase III preiiminary drainage plan, l{r. Don Pettigrove, P.E., June 1987 Environmental Impact Report submitted by Mr. Peter Jamar, Associates, Inc., May ll, 1987 which includes [esign Guidelines, Rockfall Mitigation requirements, and a preliminary utility plan. The following letters are also part of the EIR: a. Letter from Mr. Don Pettigrove, P.E, to Mr. I'like Lauterbach, June 12, 1987. Re: preliminary drainage plan/geologic hazard mitigation El k l'leadows Subd ivision 1 2. J. 4. 5. b. Letter from Mr. Nicho'l as Lampiris, PH.D, to Mr. Mike Lauterbach, June 15, 1987 Re: Elk Meadows Subdivision, Rockfall c. Letter from Mr. Don Pettigrove, P.E. to Mr. Peter Patten, June 16, 1987. Re: Elk Meadows Subdivisjon Phase III, drajnage d. Letter fron Mr. Nicholas Lampiris, PH.D, to Mr. Michael Lauterbach, June 18, 1987, Re: Elk Meadows Subdivision, Rockfall 6. Other general submittal documents that define the development standards of the Special Development District. B. The development plan shall adhere to the following: 1. Acreage: The total acreage of the site is 3.6 acres. 2. Permitted Uses: The permitted uses for the site are proposed to be: a. Single family residential dwellings b. Two-family residentia'l dwel lings c. 0pen space d. Public and private roads 3. Conditiona'l Uses: a. Publjc utility and public service uses b. Public buildings, grounds and faciljties c. Publ i c or pri vate school s d. Public park and recreation facilities e. Ski lifts and tows f. Private clubs g. Dog kennel 4. Accessory Uses: a. Private greenhouses, too'l sheds, playhouses, attached garages or carports' swimming pools, patios, or recreatjon facilitjes customarily incidental to single- family or two-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190; c.gther uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; d. Horse grazing, subject to the issuance of a horse grazjng permit in accordance wjth the provisions of Chapter 18.58. 5. Parcel Acreages and Uses a. Building Envelopes 1. .07 acres, 1sing'le family unit 2. .07 acres, I single family unit 3. .06 acres, 1 single family unit 4. .05 acres, l single famjly unit 5. .10 acres, I duplex unit 6. .08 acres, 1 duplex unit 7. .05 acres, l single family unit b. Tract I : 2.467 acres open space c. Tract 2: .6927 acres private access road and parking 6. Setbacks - Minimum setbacks for the location of structures with relations to building envelope perimeter lines shall be as follows: a. No structure shall be located on the utility easement as so designated on the final plat of the subdivision. b. No structure shal'l be'l ocated less than two feet from either the east or the west perimeter 'l ine. c. No structure shall be located less than three feet from the north perimeter I ine. d. Notwithstanding anything contajned herejnabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are tota'l ly within the perimeter lines of the bui I d j ng enve'l oPe ' 7. Density: Approval of this development plan shall permit nine (9) dwelling units which includes 5 single family units and 2 duplex units. A bu1 lding situated on a single unit residential building envelope sha11 . not contain more than 1,777 square feet of GRFA; a building situated on a two unit residential bujlding envelope shall not contain more that 3,554 square feet of GRFA. g. Building Heiqht: Eujlding height shall be 33 feet for a sloping roof. 9. parking: Two parking spaces shal l be provided per unit with one of the two spaces being enclosed. 10. Landscaping: The area of the site to be'l andscaped shall be as indicated on the preliminary'l andscape p1an. A detailed landscape plan shall be submitted to the Design Review Board for their approval . The Design Review Board approved final landscape plan shalI represent the general subdivision's landscape reguirenents' The entire portion of the building envelope not covered by pavement or buildings shall be landscaped as well as any areas outside the building envelope disturbed during construction. 11. oesign Guidelines: The Design Guidelines shall be subnitted to the Design Review Eoard for their approval . The DRB final design guirlelines shall represent the approved design guidel'ines. Design guidelines for the site are as follons: a. Roof pitch shall be.BETWEEN 4 feet in 12 feet AND 6 FEET IN 12 FEET' b. Roof material shal'l be METAL STANDING SEAM OR A METAL STAMPED CALIFORNIA TILE FORM and be either charcoal grey or DARK NAVY blue jn color' c. Siding materia1 shall be either cedar or redwood and sha'l I be applied horizontally as indicated on the prototypical building elevations. Only light colored stain shall be applied to siding. d. Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is utilized, it shal'l be light in color' e. Al 1 windows shall be white metal clad windows' f. AlI roofs shall have overhangs of at least I foot in order to protect walls and wall openings from rain and snow and to contribute to the building's character. 12. Recreation Amenities Tax:The recreation amenities tax is $.30 per sguare foot. 13. Protective covenants: Prior to maior subdivision final p1 at approval , the developer sha'l I file protectjve covenants on the land records of Eagle County which wilI provide that each owner that builds a structure on a designated building envelope shall comply with the design guidelines and rockfall mitigation requirements as outlined in the EIR by Jamar Associates May 11 ,1987. Copies of the guidelines and mitigation reguirements shall be available to prospective purchasers at the community Development Office and Deve'l oper's office. The covenants shal 1 also state that an ov{ner may choose to have another qual ified engineer,/geologist design appropriate rockfall mitigation measures' as long as the mitigation solution does not have negative visual impacts and is approved by the Town of Vail Community Development Department and Town Engineer, The covenants sha'l I also provide in regard to the covenant dea'l ing with design guidelines and rockfall mitigation that the Town of Va'il shall have the right to enforce the covenant and that the covenant may not be amended or deleted without Town of Vail approval . The protective covenants shall be approved by the Town of Vail Attorney' prior to major subdivision final plat approval . Section 5. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commjssion at a regularly scheduled public heari ng in accordance with the provisions of Section 18,66.060. Atmndments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Conrnunity Development Department shall determine what constjtutes a change in the substance of the developnent p1an. Section 6. Expiration The applicant must begin construction of the Special Development District within 18 months from the time of its final approval , and continue diligently toward completion of the project. If the app'licant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental Conrmjssion shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the appnoval of the Special Deve'lopment District be revoked, or that the Special Development District be amended. Section 7. If any part, section, subsect'ion, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shalI not affect the validity of the renraining portions of this ordinance; and the Town Council hereby declares it would have passed thjs 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 invaljd. v Section 8. The repeal or the repeal and reenactment of any provisions of the Vall i4unicipal 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 prosecution cormenced, nor any other action or proceeding as cor nenced under or by virtue of the provision repea?ed or repealed and reenacted, The repeal of any provision hereby shall not revive any provisjon or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 16th day of June , 1987, and a public hearing sha'l I be held on this ordinance on the 16th day of. June ,1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in fu'll this l6th d ATTEST: INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full tnis Zlh day of ATTEST: Pamela A. Brandmeyer, Towd Clerk JUL r8 886 tag?F 1. DEFINITIQNqT As used herein, the following words and terms shalT-EffiE?-f o1 lowing ureanings : DECLARATION OF PROTECTIVE COVENANTS FOR ELK MEADOWS SUBDIVISION LAMAR CAPITAL CORPOMTION, a New Jersey corporation (r'Declarantrr), is the record and beneficial ownei of itt of the real property within that cerEain subdivision denominated Elk Meadows Subdivision located in Eagle CounEy, Colorado, the final plat of which was recorded in Book at Page , of the records in the Office of the Clerk Ei-d Recorder-6? Eag1e Counry,Colorado. Declarant does hereby make, publish and declare that the following terms, covenants, conditions, easements,resErictions, uses, reservations, limitations and obligations shaLl be deeoed to run with the 1and, shal1 be a burden and a benefit to Declarant, its successors and assigns, and any person or entity agquiring or owning an interest in the real propefty described above and all other real property which is oi bbconLs subject to this Declaration and irnpiovements built rhereon, their grantees, successors, heirs, personal representatives, devisees or ass].gns SUBDIVISION LOT TRACT SINGLE T]NIT RESIDENTIAL LOT OPEN SPACE TRACT DESIGN RNVIEW COMMITTEE Elk Meadows Subdivision. A lot within Elk Meadows Subdivision. A tract within Elk Meadows Subdivision. GROSS RESIDENTIAL Is a term as defined in Section 18.04.130 FLOOR AREA of the Zoning Resolution (the "Zoning ("G.R.F.A.") (Resolution"l of the Town of VaiI, Eigle County, Colorado. A Lot which can be used solelv for residential purposes and upon which not uore than one building containing noE more Ehan one single family dwelling unit (as defined in Secrion 18.04.080 of the Zoning ResoluEion), and containing not more than one enclosed garage, m4y be constructed. A Tract, which sha1l remain in its natural and undisturbed sEate or be landscaped with grasses and plant material indigenous to the site; provided, however, that an Open Space Tract may have constructed and mainCainLd chereon utitities in areas as so designated on the final plat of the Subdivision. A group of chree persons who shall be responsible for the administration and enforcement of these Protective Covenants and other Design Guidelines, if any. Such persons shal1 be appointed by Declarant. The Design Review Committee (sometimes referred to herein as the "Comnitteet') shall, among other things, review and oversee the devel.opment of Ehe Lots and Tracts with regard to site design, architecture and landscaping. Any action, decision or / approval to be given by the Couurittee shall require a majority vote of its members. Should Declarant, at any time within 30 days after receiving written notice of a vacancy in the Comnittee having occurred for any reason whatsoever, fail Eo appoint a ne\t member to the Comrnittee Eo fill a vacancy, the Owners by a majority vote shall designate :such-new member to the Coumrittee. with an Owner having one vote for each Lot owned. DESIGN GUIDELINTS Guidelines for the development of the Lors . . '- and Trac:ts may be adopted by the Couurittee,, .: ','. - . - . which, if adopted, shall among other things,inEerpret and/or implement the provisions of these Protective Covenants. Tract: 3,.-which..can be used sole1y (i) to provide a private road and right- of way for :,private use as ingress and egress fron each of the LoEs to Lion's Ridge Loop, a public road located in Eagle County, Colorado,.and (ii) to provide open space in the same manner as an Open Space Tract on portions not used for a private road and right of way;provided, however, that the Road Tract may have constructed and maintained thereon utili-ties in areas as so desisnated on the final plat of rhe Subdivisionl Any individual , corporaEion, partnership,association, trust or other legal entity, or combination of legal entities, which is the record owner of an undivided fee simple .interest in one or more of the Lots.- The Elk Meadows Homeowners Association, a Colorado nonprofit corporation. A11 expenses expressly declared to be cotuaon expenses by this Declaration or by the bylaws of the Association; all other expenses of administering, servicing, conseriing, managing, maintaining (including but not linited to snorv removal), repairing,inproving or replacing the Open Space Tracts,the Road Tract and improvemencs locaced thereon; insurance premiums for the insurance carried under Paragraph 10 hereof; and all expenses lawfully determined to be cornnon expenses by the board of directors of the Association. This Instrument and all amendments or supplements thereto hereafter recorded in the records in the Office of the Clerk and Recorder of Eagle County, Colorado. The holder of a promissory note paymenE of which is secured by a first mortgage or firsE deed of trust encuubering an interest in a Lot. "Mortgage" shall include a deeC of trust, and "mortgagee" shall include the beneficiary of a deed of trust. ROAD TRACT . OWNER . ASSOCIATION COMMON EXPENSES DECLARATION FIRST LIENOR 2. GENERAT. PURPOSES: These covenants and restrictions are made-fort@eatingandkeepingtheSubdivision, insofar as possible, desirable,_ attractive, beneficial and suitable in architecEural design, materials and appearance, guarding against fires and unnecessary interference wirh the natural beauty of the Subdivision,'and providing ingress and egress from all Lots ln the Subdivision ro a public road, all for the mutual benefit and protlclyon 1f the owners. 3. USES: A11 Lots in the Subdivision shal1 faI1 within the followffiland use def initions: DEFINITION LOT DESCRIPTION Single Unic -'i- -- -Residential-Lot Open Space Tract Lots 1 through 10, inclusive -Tracts iana2 Road Tract Tract 3 4. APPROVAL OF CONSTRUCTION PLANS: (a) No building or other stru ected, or maintained on any Lot, nor shall any additlon thereto or alteration or change therein be roade until complete plans and specifications (including, but not linited to, a eolor rendering and/or a model-,floor plans, elevations, site and grading plans, provisions for off streec parking and locations sf driveway access, landscaping plan, the specification of princip6l'extdrior uaterials, color schemes and the location and the method of utilization of a1l utilities) have been submitt.ed to the Cornmittee and by it approved in writing. (b) Owners are encouraged to consult nith the Conrnittee prior to and during rhe preparation of such plans aiid specifications in order to avoid withholding or delay in approval. (c) If upon the expiration of 30 days froo the date of the submittal of plans and specifications to the Corurittee by an Owner, lhe Courittee has.taken no acEion, the plans and '.. speeifications will be considered approved and- the Owner may conmence conscruction after obtalning Ehe applicable governmental zoning and building permits. (d) The Conmittee shall be authorized to levy a reasonable charge, not exceeding twenty-five cents for each sguare foot of enclosed floor space, for the review of plans and specifications,which charge shall be paid in advance. The proceeds of such charges shaLl be used for the administration and enforcement of these Protective Covenancs . (e) Upon the approval of plans and specifications, the Owner shall be reguired to escrolr funds for the courpletion of landscaping items and materials thac are co be installed by the Owner. Escrowed funds will be returned to the Owner after landscaping has been in place in satisfactory condiEion for a one year period. (f) In passing all such plans and specifications, the Conrmittee shall take into consideration the suitability of the proposed building or other structure and the materials of which it is to be built to the Lot upon which it is to be erected, the harmony thereof with the surroundings and the effect of the building or other scructure, as planned, on the outlook from adjacent or neighboring Lots. (g) The Cormitteers goal is to create, for the entire Subdivision, .a- compatible and homogeneous architectural quality harnonious with the character of the area. (h) The Cornmittee shal1 use reasonabl_e judgment in passi.ng upon all such plans and specifications, but the Coutroittee shall- not be l-iable co any submitted plans and Comnittee acted with person for its actions in connection r^rich specifications, unless it be shown that the malice or wrongful intent. (i) The followi.ng specific restrictions shatl govern construction on and. use of any Lot. (i) DENSITY: a building situated on a Residentiaffi-3hall not contain more Ehan feet of G.R.F.A. (ii) SET BACK REQUIREMENTS: Minimum setbacks for che location offiations to Lot lines shall be five feet froro all Lot linesi provided, however, that no structure shall be located within three feet of a Utility and Drainage Easement as so designated on the final plat of the Subdivision. : . . -(iii'-tsuILDING HEIGHT: No srrucrure locared wirhin the Subdivisioil-sTETT-ffiEl-at any point on the structure, two stories or 30 feet in height (as defined- in: Section 18.04.170 of the Zoning Resolution), whichever is less. (iv) PARKING AND ACCESS REQUIREMENTS: (aa) Off street vehicle pa on the current governmental parking standards at time of issuance of a building permit by the appropriate governmental entity, but in any event no less than four off street parklng spaces per Lot shall be provided on each Lot with two of such off street parking spaces being required to be provided in an "-'..'enclosed- g:arage'.-.' - :.':". -. . (bb) No off street parking spaces on any Lot shal1 be allowed outside of an enclosed garage, except for up to tlro spaces located ionediately in front of and contiguous to the doors of an enclosed garage located on the Lot. (cc) A11 driveways and parking areas in the Sub-division shall be paved and the maximum permissable driveway or parking grade shall be 8.0 percent, (dd) All- vehicular driveways and vehicular ingress and egress access to each and every Lot shall be rescriited to access which comes directly off of the Road Tract and no such access to a Lot shall be allowed directly off of Lion's Ridge Loop road. (v) LANDSCAPING: The concern of uhe Connnirtee shall be to inpr6Te-EFiffiural appearance of the Subdivision and the malntenance of such appearance. Owners and their rep.resentatives or builders wilL be required to: (aa) Miniroize disruption from grading. (bb) Revegetate and restore ground cover for . erosion and appearance reasons. (cc) Use indigenous species of plant materials as established by the Comrittee. (dd) Select the man-made elements that blend and are .compatible with the 1and, (ee) Use existing or natural drainage paths when-ever possible. (ff) Conserve and protect topsoil, rock formations and unique landscape features. Single 1 ,600 Unit square The Counnittee shall require conplete landscaping ptans and the Owners will be encouraged to make adequate provisions for landscaping costs in their overall construction budget. 1vi) WATER AND SANITATION: Each structure designed for occuparlcy @gs shall connect with water and sanitation facilities made available by Upper Eagle Valley Water and Sanitation District or any other similar Bovernmental or quasi-governmental entity, No private wells shall be used as a source of qrater for human consr.rnption or irrigation. (vii) ELECTRICAL AND TELEPHONE SERVICE: AII electTical and teleph laced underground. (viii) EASEMENTS: Easements and rights of way are hereby reserved as ffi6r described on the Iinat plat- for the Subdivis ion. (ix) SIGNS: No signs, billboards, or other advertising structure 6fa-ny kind sf,all be erecced, constructed or maintained on any Lot for any purpose rvhatsoever, except such signs as have been approved by the Courmittee. (x) FENCES: Design submitted to- anA approv6d ins tal latlon. (xi) TMSH: No trash, ashes or other refusq shall be thrown or diifilEd on any land within the Subdivision. There shall be no burning or other disposal of refuse out of doors. Each Or.rner shall provide suitable receptacles for the temporary storage and collecEion of refuse and all such receptacles shall be placed in enclosures atEached to the buildings so that such receptacles sha11 be screened from the public view and protected from disturbance. (xii) LMSTOCK: No animals, livestock, horses or poultry of-E@Tffil- (except dogs, cats and other domesticated pets for household enjoyment, not for cournercial purposes and not Eo exceed two in number may be kept by an Owner so long as such pets are not a nuisance to any other Owner) shal1 be kept, raised or bred in the Subdivision. (xiii) PETS: Household pets, such as dogs and cats, must be-containEt-upon an Owner'i loi. Owners miy not construct a fenced run on their Lot. Pets shall not be allowed Eo remain tied or chained anywhere in the Subdivision, and any pet so tied or chained may be removed by the Association or its agents. Pedestrians accompanied by dogs within the Subdivision Dust have said dogs under their direct control by use of a leash not to exceed Een feet in lengEh. (xiv) TEMPORARI STRUCTURES: No temporary structure, such as a ffiobile homL or tenr shall be pernitted in the Subdivision, except as may be determined to be necessary during construction and specifically auEhorized by the Cosrdrittee in writing and in accordance with the regulations of the appropriate governmental entities. (xv) TREES: Trees naturally existing upon any Lot sha1l not ffiEt, triumred or rem6ved from-thl tot ivithout Ehe prior approval of the CornrnitEee. (xvi) TELEVISIqN ANTENNA: Exterior mounted, exposed televisionffiil-l not be permitted within rhe and location of fencing shall be by the Committee prior to Subdivision. Such antennae, if installed, must be concealed from public view. (xvii) SCREENING: Fuel tanks, electric meters, garbage areaa, cloEffi[IiE3, boats, counnercial trucks, trailers, - campers, rocicor hon-es,.ATV and recreaEional or inoperable vehicles, air: cqnditioning equipment, television and radio antennae and other related features must be screened or enclosed from view from surrounding Lots and properties. (xviii) SPARK ARRESTORS: Spark arrestors are mandaEory on all chimn"F- lighting comes (xx) REPAIR 0F VEHICLES: No work shall be p@ithin the within private garages. of aut.omotive repair Subdivision except (xxi) ACCESSORY STRUCTURES AND GREENHOUSES: Accessory ar construction Damage or scarring to other pioFeity,-Inc uE not lirnited to other Lot6, the Open-Spate Tract.s, Ehe Road Tract and improvements thereon, driveways or other imorovements is rnust be constructecl ot penuanent Daterials and must be a.qart of the residential struccure or garage and may not be free standing building. (xxii) CONTINUITY 0F CONSTRUCTION: A11 structures genrmsnssd prosecuted diligently Lo completion and shall be completed within the twelve months of egrpnencemen! unless exception is grantrjd in writing by the Cosmittee. (xxiii) NUISANCE: No noxious or offensive activitv shal1 be carriedG-frtrE'in the Subdivision, nor shall anytLing be done or permitted which shall constitute a nuisance theiein. (xxiv) STOMGE OF MATERIALS AND EqUIPMENT: Owners and concractor ion materials and equiploent on the approved construction site during Ehe construction period. It shall be neatly stacked, properly covered and secured and is the responsibility of the Owner and the contractor. Owners and contractors will not disturb, damage, trespass or store maEerials or eguipment on other Ownersr Lots, on the Open Space Tracts or on the Road Tract. (xxv) DEBRIS AND TRASH REMOVAL: Owners and contractors sha11 clea@s on the construction site at the end of each day. Trash and debris shall be removed from the si.te at least once a week to the closest solid waste disposal stte approved by Eagle County, Owners and gontractors are prohibited from dumping, burying or burning trash anywhere in the Subdivision. (xrvi) SANITARY FACILITIES: Each Owner and contractor shal1 be rffiiding adequate sanitary facilities for his construction workers. (xxvii) PARKING AREAS: Construction crews and other eonstruction perJinnefshall not park on the Open Space Tracts, the Road Tract or use other LoEs for parking purposes during construction. (xxviii) RESTORATION OR REPAIR OF OTHER PROPERTY DAMAGED: and improvements thereon, driveways or other improvements is noc permitted. If any such damase occurs. it will be noC permitted. If any such damage occurs, it will be repaired pronpEly at the expense of the person causing the same. (xxix) CONDUCT AND BEHAVIOR: A11 Owners sha1l be responsiblffid behavior of their agents, representaEivesr:invitees, builders, contractors and subcontractors. 5. DMSION 0F TlAqIq. (a) Each and every Tract is herebydivffinpercentundividedinterestineach and every Tract--iq_!ere_by conveyed and made appurtenant to each and every one of the Lots. (b) p31c-[_!oq..__a3d its appurtenant interest in the Tracts shall be tnseparable and may not be conveyed, leased,devised or encumbered one without the other. A transfer bv an Owner of lega1 -title to a11 or any porrion of a Lot sha11 : automatically tlbn'sfei- a-proportibnire interest in the appurtenant inEerest in the Tracts. No interest in a Tract by from his itself qay be granted, conveyed or assigned by an Olmer separate from his Lot. - (c) Each and every Tract shall be oqrned in coraoon by the Ovrners and shall reuain undivided. No.Owner shall assert any right'of partition.with-respect-.to a Tract and each Owner waives any and all rights of partition he may hold by virtue of his ownership of an undivided interest in Ehe Tracts as a tenant in cormon with the other Owners. (d) Each Owner shalL be entitled to use the Tracts in accordance.with the purposes for.which it is intended,'without hindering, iropeding or imposing upon the rights of the other Owners and in accordance with the rules and regulations duly established from !_lq9 to time by the Association, as provided for hereinbelow. 6. EASEMEN? fOR USE OF ROAD TRACT: Declarant desires ro provide to s and egress to his Lot from a public road and Declaiant hereEy grants and assigns to each Owner a perpetual , non-exclusive easement and right of way undgr, over, across and through the Road Tract for the purpose (subject t.o the adrninistration of the Association) of constructing, maintaining, repairing, enlarging and reconstructing a roadway thereupon providing vehicular and pedescrian- ingress and egress between his Lor and Lion's Ridge Loop, a public road located in Eagle County, Colorado. The - easement and right of way hereby granted and assigned shall- run with the land and shall be appurtenant to each LoE, such that a transfer by an Owner of 1ega1 title to all or any portion of a Lot sha1l automatically transfer a proportionate interest in the easement and right of way granted and assigned herein; provided, however, that.no. interest in the easement and right of way granted and assigned herein for the purpose of a roadway may be dedicated to the public or granted to a non-Owner without the prior wriEten consenE of all Owners. 7 . ADMINISTRATION AND MANACEMENT OF THE TRACTS: The Tracts sha this Declaration, the articles of incorporation and the bylaws of the Association. Each Owner shall be a member of the Association and shall remain a member until he ceases to be an 0wner. Each member shall comply strictly with the provisions of this Declaration and of the articles of incorporation and bylaws of the Assocj-ation. Each member shal1 be bound by and shall comply with rules, resolutions and decisions of the Association dulv-made or adopted in the manner set forth in the Association's'articles of incorporation or bylaws. Failure of the rnember to comply with such provisions, rules, resolutions or decisions sha1l be grounds for an action to recover damages or Eo obtain i.njulctive relief, or both, maintainable by the Association on behalf of the other Owners or, in a proper case, by an aggrieved Owner. In addition, the Association's bylaws may authorize the Association, during_the pg{iod of any deiinquency, (a) to revoke a deli+quent Owner's right to use the Tracts and (b) to suspend a merber's vocing privileges; however, no such suspension shail affect the rights of a First Lienor, 8. MAINTENANCE AND REPAIRS OF THE TRACTS: The Tracrs and improvemen erved, managed,naintained (including but not liuited to snon removal), repaired,improved and replaced by the Association. However, if the need to make such repairs or maintenance results from the negligence or intentional bct of any Owner, his- family, agent or. iiviEee,such Owner shall rei.mburse the Association for all the costs of repairing such damage and sha1l be liable to the other Owners for all additional Losses or damages suffered, including reasonable attorneyls fees.. -..: - ASSESSMENTS FOR COMMON EXPENSES: P .o pay 10.0 (a) Each Owner shall (b) The board of directors (the "Boar6'r; of the Association shalI'fix, deterrnine, levy and collect annual and special assessments to be paid by each of the Owners !o meet the conuron expenses and to create a contingency reserve therefor. Prior to the beginning of each fiscal year of the Association, the Board -shall adgpt a budget for that year. The budget shall include,but shall not be linited to, an estimate of the costs of maintenance, repair and replacement of the Tracts and.improvements thereon, the Lost of services Lo be provided by the Association; the cost of insurance required by palagraph 10 herein, and proposed capital expenditures. The budget- shall include an adequ-ate reserve fund for the maintenanc6, repairs and replaeement of the Tracts and improvements thereon, in oider thac such,maintenance, repairs and replacement may be paid for through regular insqallments-rather than-by special issesiment. For thE Association's first fiscal year, the Board shall adopt the budget at the first meeting of the Board and designare the dare of coynFencement of the first annual assessment, lyith the costs for maintenance, repairs and replacement of the Traets and improvements thereon and any reserve fund needed therefor based -on a _good faith estiEate of those costs; said estimate may be based on the costs incurred by sirnilar associations in thl general locale. Thereafter, the cost of maintenance, repai_rs and replacement and any reserve fund needed therefor shall bL on the bgsis-of the previous year's costs with such adjustments therefrom as the Board considers appropriate. fhe budget shal1 also include the annual assessment- for- each Owner. SpEci.al assessments may be levied whenever in the opinion of the Board it is necessary or advisable to do so (i) to mbet increased operatingror maintenance expenses or costs, (ii) to provide for gdditional_capiral expenses, or (iii) because of emeigencies;however,'if the proposed additional capital expenses at any given time are in excess of 40 percent of the existing budget, sucfr expenses may be incurred only after the Owners,-by the vote of the Owners bearing at least 75 percent of the comiron expenses,approve such expenses. AIl annual assessments shall be-based upon an approved budget; all other assessments shall be in itemized statement forro and shall set forth the detail of the various expenses for which the assessments are being nade. (c) The Board shalL prepare and provide to each Owner a statement for the annual assessment and any special assessment against his Lot. Annual assessments for the budgeted comron expenses shal1 be paid in quarterly installmentsl each such installment due and payable in advance on Ehe first day of each calendar querter, or more frequent installments as may-be determined by the Board. Special assessments shall be due and payable as specified in the written notice of such assessment provided by the Board {d) .The.Board shaLl- have the right to add to any Owner's assesbment, as provided in this Paragraph, those amounts expended by the Assoei.ation for the benefit of any individual Ovner,including but. not liurited to, fines (pursuant to rule adopted by the Association), repairs and replacements to the Tracts and/or improvements-thereon caus-ed by the neg'l.igent or wi1lfu1 acts of said Orvner, his family,,-guests, employees, licensees, lessees or invitees, and al1 .other expenditures or charges provided for by this' Declaration or the AssociaEion-'s bylaws. (e)-- If any assesauent shall,.remain unpaid ten days after the due,date.-thereof, the Board nay impose a late charge on such defaulting Oirner in an aEount equal to 1.5 percent of such assessment:.. Likewise, ll late charge equal to 1.5 percent of the unpai-d assessment may be imposed on the first day of each calendar month thereafter so long as such assessment shaI1 be unpaid. Failure.to make payment..within 30 days of the due date thereof also shaIl. eause the full amount of such Owner's regular assessmenEs for Ehe remainder of thaE year Eo become due and owing ac once, at the'ollti.on of the Board. In the event it shall beeome:-irEce6sait': fbr the Board to collect aDy delinquenE assessments, whLther by foreclosure of a lieir hereinafter c-reated, by coumenclng of a court action (which may be broughc by the Association without waiving the lien hereinafter created) or otherwise, the delinquent Olrner shall pay, in addition to the assessment and late charge herein provided, all costs of collection, including a reasonable attorney's fee and.costs incgrledrbt the Board in enforcing: payment. " (f) ,-Al1 sums.assessed:but unpaid for Ehe share of cosunon expenses assessed to any Lot sha1l constitute a lien on such Lot and-appurtenant interest thereto in and to the Tracts in favor of the Association prior to all other liens and encumbrances,except: (i) liens for general property taxes and special assessqents, and (ii) the lien of any first &ortgage or first deed of t.rust of record encr.rmbering such Lot. The Associationts lien shall atEach froq the date when the unpaid assessment shall become due and may be foreclosed by the Assbciacion in like manDer as a Eortgage on real property upon the recording of a notice or claim thereof executed by a urember of the Board on behalf of the Association setting forth the amount of the unpaid ildebtedness, the name of the Owner of the Lot, and a description of Ehe Lot. If any such l-ien is recorded by the Association, the Owner shal1 be required to pay the costs and expenses of the preparation and recording of the Association's lien, including reasonable attorney's fees, or $150.00, whichever is greater. In any such foreclosure, the Owner shall be required Eo pay the eosts and expenses of sueh proceedings, including reasonable attsorney's fees. During the period of foreclosure, the Owner of the-Lot subject to such action shall be required to pay a reasonable renLaL to the AssodiaEion. The Association shall be entitled to purchase the Lot at the foreclosure sa1e, and to acquire, ho1d, lease, mortgage or eonvey the same. (g) No Owner shall exempt hinself from liability for paynent of his share of the comnon expenses either by waiver of the use or enjoyuent of the Tracts or by abandonment of his Lot. (h) If involving a first mortgage or firsE deed of crust,sale or transfer o{ any Lot as the result of court foreclosure,foreclosure through, tbe pub]-ic trustee , or any proceeding in lieu of forecLosure, including the transfer of a deeil in l_ieu-of foreclosure, shall extinguish the lien of such assessments as to pa)menEs thereof for periods prior to such sale or transfer, but shall not relieve any former Owner of personal liability therefor. The mortgagee of such Lot who acquires title by way of foreclosure or the taking of a deed in lieu thereof, shall not, however, be liable for any assessment for periods prior to the date of its acquiring title and sha11 only become liable for assessments for periods from and after the date it becomes the Owner of such Lot. No sale or transfer shall relieve such Lot from liabitity for any assessments thereafter becoming due or from,the lien-thereof. In the event of the sale or transfer of a Lot with respect to which sums shall be unpaid by a defaulting Owner, except transfers to a First Lienor Ln connection with a foreclosure of its, lien of a deed:.in lieu thereof, the purchaser or other transferee of an inEerest in such unit shall be jointly and severally liable with !he. seller or transferor thereof for any such unpaid sums. . :..(i) Upon rrritten request of any Owner, mortgagee,prospective mortgagee, purchaser or other prospective transferee of-a Lot, the Association shall issue a written st.atemen! setting forth the amount of.the ufrpaid conmon expenses, if any, with respect to such Lot, the amount of the current monthly assessment, the date on which such assessment became or shall become due and Ehe arsount of any credit for prepald gxpenses. Such statement, for which a reasonable fee may be charged, is binding upon the Association in favor of any person who may rely thereon in good faith. Unless a request for such: statement shall be cornplied with within 20 days after receipE thereof, all unpaid coumon expense-s which becarne due prior to the date of making such reguest shall be subordinaEed to the lien or other interest-of the person reguesting such statement. (j) Any party in favor of whom a lien on a Lot [as been created may but shall net be required to pay any unpaid consnon expense with respect to such Lot, and upon such payment such party sh_all have 1 lien on such Lot for the amount so paid of the same rank as the lien theretofore existing. 10. INSURANCE:the Owners: (a) The Association shall, on behalf of - (i) provide and keep in force, for the protection of the Association, its officers and directors, and all the Owners and First Lienors, general public liability and property damage insurance against claims for bodily injury or death or property damage occurring upon or in Ehe Tracts,in linits of not less than $1,000,000 for bodily injury or death to any number of persons arising out of one accident o_r disaster, or for damage to property, and if hi.gher limits shal1 at any time be customary- to- protect against-possible tort liability, such higher limits shall be carried; (ii) carry i.nsurance in such amount as the Association -'insurable hazards as may from time to Eime be comaronly , insured against in the case of similar property in similar . : 'locations elsewhere. (iii) earry directors and officers liability insurance in such anounts as the AssociaEion may consider necessary or advisable. (b) All insurance required to be carried under this Paragraph shal1 be carried in favor of the Association, the Owners and aLl First Lienors, as thelr respectlve interests may appear. Each insurance poticy shall provide that no cancellation thereof^mly bg made by the insurance tarrier wtthout having first given 30 days' prior written notice thereof to Lhe Associaiion,the Owners and all First Lienors. Each insurance poticy shalt'also contain a t'severability of interest" endorsement, ;hich provides, in case of violation of any provision thereof by the Association or one or more (but less than all) of the Owners, 10 a that the coverage of such policy shall be suspended or invalidated onl-y as to Ehe interest of the Association or the Owner or Owners corumitting the violation and not as to the interest of any other OwnEr. 11. APPOINTMENT 0F ATTORNEY-IN-FACT: Each Omer by his acceptance e vesting in hiir an interest in a Lot does irrevocably constitute and appoint the Association with full power of substitution as his true and lawful attorney in his narue, place and stead to Banage, control and deal with his interest in the Tracts so as to perurit the Association to fulfill all- of its and the Ovners' duties,obligations and rights hereunder and, with full power, right and authorization to execute, acknowledge and deliver any contract,instrument of conveyance, proof of loss, release or other instrument affecting such interest of the Omer, and to take any other action, which the Assoclation may consider necessary or advisable to give effect to the provisions of this Declaration.If requested to do so by the Association, each Owner shall execute and deliver a written instrument confirming such appointmenE. The action of the Association in settling any claim with respect to the Tracts shal1 be final and binding on all Owners. No Owner shall have any rights againsE the Association or any of its officers or directors with respect thereto except in case of fraud or gross negligence. 12. QUALITY OF WORK: Any repairs, renovation or restoration of the Tracts or improvements thereon by the Association as attorney-in-fact for the Owners shall be done in such manner as to make the Road or the Open Space Lot.at least as valuable after such rrork as it was imnediately before the occurrence requiring the work to be done. 13. PROPERT! !'0R COMMON USE: The Association may acquire and hold fffif all Owners real prirperiy, as long as such real property is purchased at a foreclosure sale,and tangible and intangible personal property and may dispose of the same by sale of otherwise, and the beneficial interest in any such property shall be owned by the Owners in the same proportion as their respective interests in the cornmon expenses and shall not be transferable except. with a transfer of b Lot. A transfer of a Lot shall transfer to the transferee ownership of the transferor's beneficial interest in such property without any reference thereto. Each Owner may use such property in accordance with the purpose for which it is -intbndeii, without hindering or encroaching upon the lawful rights of fhe other Owners. The transfer of title to a Lot under foreclosure shall enEitle the purchaser to the beneficial interest in such property associated with the foreclosed Lot. T4. EASEMENT. LEASE. LICENSE AND USE OF OPEN SPACE LOT. The Association sha ve the right to grant by easement,license or permit the use of, by less than all Orrners or by ease, deem or non-Owners and with or without charge as the Association may desirable, atry portion of the Tracts or improvements thereon any Lot owned by the Association. The rights granted to the Association in this Paragraph 14 shall only be used in the promotion of rhe collective best interest of the Owners. 15. REGISTRATION BY 0WNER 0F MAILING ADDRESS: Each Owner sha11 regi ation, and,except for monthly statements and other routine notices, all notiees or demands intended to be served upon an Owner shall be sent certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. Atl notices, demands or other notices intended to be served uDon the Association sha1l be sent certified mail, postagl prepaid, to the address of the Association as designated iir the-byiawi of'the Association. 11 16. EFFECT AND DURATION 0F DECLARATION: The conditions,restricfio ements and covenants contained herein shall be for Ehe benefit of and binding upon each and every part of the Subdivision and each Owner, his heirs,personal representatives, successors and assigns and shal1 continue in fuIl. force and effecE Until January 1 in the year 2006 A.D., and*thereafter for successive periods of 10 yeirs each, unless this. Declaration during.any such period is terminated, as provided.hereinbelow, by recorded instrument directing f ermination. 17. Allql[Dl4Et{Il: The conditions, restrictions,stipulatioGl-o-5-ffiEtions, agreements and covenants contained herein sha1l not be abandoned, terminated or amended except by written consent of 75 percent of the Owners and 75 percent of the First Lienors, except that the-provisions of Paragrbph 6 and subparagraph 9(a) may be abandoned, terminated or-aurbnded onLy upon such approval of all Owners and all First Lienors. ' : 18. EFFECT OF PROVISIONS OF DECLARATIONT .Each provision of this Decla ant, undercaking to cornply-with each provision of this Declaration and any necessiry exception or leservation or grant of title, estate, right or int.erest to effectuate any provision of Chis Declaration: (i)shall be deerned incorporated in each deed or other instrument by which any right, title or interest in any Lot is granted, devisLd or conveyed, whether or not set forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptance of any right,, title or interest in any Lot by an Owner, be deemed acceptgd, ratified, adopEed and declared as a personai covenant of.such Owner and, as a personal covenant, shail be binding on such Owner, his heirs, personal representatlves, successori and a-ssigns, -and qhall be deemed a personal covenanE to, with and for the benefit of the Associati.on and of each Owner; and (iii) shal1 be deeued a real covenant by Declarant, for itself, its successors and assigns and also an equitable servitude running,in each case, as a burden wiEh and upon the title to each and*-every Lot. 19. ENFORCEMENT: In addirion to any other rights granted hgrein, ifE -FEiEA shall violare or rhiearen to Vi.otaEe any of the provisions of this Declaration, it shall be lawful for Declarant, the cornmittee or any owner to institute proceedings at Law or in equity to enforce the provisions of rhis Declarati6n,to -restrain the -person violating or threatening to violate them,and to recover damages, actual and punitive, and costs together with reasonable aEtorney's fees for such violatj.ons. 20. GENERAL_: (a) If any of the provisions of rhis Declaration=F?iy paragrap_h, ientence, ctause, phrase or word,or the application thereof-1n any circumstance'bL invalidated,such invalidicy shall not affect the validity of the remainder of this Declaration, and the application of any'such provision,paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. (b) Whenever used herein, unless Ehe context sha1l otherwise_pr-ovide, tlre singular number shall include the plura1,the plural fhe singular, end the use of any gender sha1l includi aIl genders. EXECUTED effective as of the day of _, 1986. LAI4AR CAPTTAL CORPORATION, a New Jersey corporation BY: Michael Lauterbach, Vice PresidenE \ L2 o 13 r, tl 19?f i6 Gf :l :1, "3" ril:?.t "J;.T,QF^ 27' te 8c illir3';331t"Book Page RESOLUTIOI{ OF THE BOARD OF COUI{TY COIO4ISSIONERS COUi{TY OF EAGLE. STATE OF COLORADO RXSoLUTTON NO. 80 - "+o EXEI€TION OF SUBDIVISION OF PART OF PARCEL A, LIOI,I'S RIDGE SUBDIVISION, FILING NO. 2, Al{D PART OF LOT 21, SECTION 1, T5S, R81I.I OF THE 6TH P.I'I. FROI,T ARTICLE 28, TITLE 30, PART 1 OF COLORADO REVISED STATUTES (1973). WHEREAS, Parcel A, Lion's Ridge Subdivision, Filing No. 2,is designated and zoned as a PD area under the Zoning Resolucion of Eagle County, Colorado (the "Zoning ResoluEion"); and WHEREAS, a cert,ain part of Lot 21, Section I, T5S, R81W of the 6th P.lf., as contained in che legal description of The Ridge At Vail attached to the Planned Unit Development Plan and Declaration of ProEective Covenants attached hereto, has been previously conveyed and made a part. of said Parcel A (all sucl-r property collectively referred to herein as the "Valley"); and !IiEREAS, Ehe Preliminary Plan (as defined in the Zoni Resolution) for ttre Valley has been approved wirh the certain described parcels, with each parcef containing certain described parcels, with eacl'r parcel having been approved with a limited nr:nber of dwelling units having been and G.P,..F.A. (both as defined in the Zoning Resolution); and WHEPGAS, the Board of CounEy Cormnissioners of the County of Eagle, SEate of Colorado (the "Board"), have been reguested to exeurpt fron the Subdivision Regulations of Eagle County,Colorado (the "Subdivision Regulations"), certain of said parcels of Ehe Valley such thaE each of said parcels riray be conveyed and sold separaEely and suctr transfer shall not be in violaiion of the Subdivision Regulafions; and I\iIIEREAS, the Board has determined EhaE provided the parf of the present Preliminary Flan for tl're Valley pertaining to number of dvrelling units and G.R.F.A. allowed on each phase and t_l're requiremenEs for road ireprovements on eacl-r phase is set forth in writing and recorded with protective covenanls for the Valley and that such plan and covenants be referenced on any future plat or condominium map of any phase of the YaLIey conveyed pursuant to this Resolution, the di.vision of the Valley into the presently approved parcels and the conveyance of each of said parcels separately is not within the purposes of Article 28, Title 30, Parr 1, of Colorado Revised Statutes (1973) and tire Subdivision Regulations; and WHIIREAS, all references herein to Colorado Revised Statutes (1973)are Eo such statuEes as presently aroended. NOW Ti{EREFORE, BE 1T RESOLVED by the Board of County Cormnissioners,of the CounEy of Eagle, State of Colorado: TI^IAT, provided the Planned Unit Development Plan and Declaration of Protective CovenanEs, a copy of whith is aEtacl.red hereEo and made a part hereof, have first been properly executed and acknowledged by the Board and Ehe record ordner of che following lisEed pbrcels of tl-re Valley, Valley Associates, Ltd.,a Colorado limited partnership, and properly recorded in tlr.e records of Ehe Clerk and Recorder of Eagle County, Colorado, 3oo 757 ( O6 05 '. Ehe following listed parcels of the Valley, as more f911y described in-che legal descriprions attached uo the Planned Unic DevelopmenE Plan and Declaration of ProtecEive Covenants acEacired l-rereto, are hereby exempced from Arcicle 28, TiEle 30, Part 1 of Colorado Revised Stacutes (1973), as permitted ,.- Dursuants tso Secrion 30-28-101(10) (d), Colorado Revised ( 'statutes (1973), and each such parcel may be conveyed and sold wichouc any further cornpliance with the Subdivision Regularions. l, ,. , ..-'--. MNIIT.'N PARCEL NA}4E Phase .II , Tract A and Tract B " Phase III Tl're Ridge AE Vail Phase V .rnase v t - Phase VII, Tract C and Tract D READ AI,ID UNAI{IMOUSLY ADOPTED at a reqular meeting of the Board of CounEy Corunissioners, Councy of / Eggl","SEate of Colorado, datld this-?f,.& day of @,1980. ( COI.NTTY By and BOARD BY: BY: BY: OF EAGLE chrough , STATE OF COLOP"ADO itts COld'tlSSI0 tctllL, ( Comrnis s ioners -2- Y ;.,'- .i - -- 'n ( RESOLUTION OF THE BOARD OF COUNTY CO}O4ISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 80 -3;I. VACATION OF A CERTAIN PORTION OF THE COIJNTY OF EAGLE ROADWAY KNOWN AS LION'S RIDGE LOOP LOCATED IN PARCEL A, LION'S RIDGE SUBDIVISION, FILINC NO. 2 WHEREAS, Parcel A, Lion's Ridge Subdivision, Filing No. ? i" a""ign"i.d and zoned as a PUD-area under the Zoning Resolution of Eigle County, Colorado (Ehe "Zoning Resolution"); and WHEREAS a Preliminary Plan (as defined in the Zoning Resolution) for a cercain parcel (the "Parcel") of land in said Parcel A has been approved with the development plans for the Parcel including the use and-development of a certain adjoining ten foot wide strip (the "Ten Foot Strip") of land presencly located in the dedicated right of way of the County of Eagle roadway known as Lion's Ridge Loop; and ,.t. WHEREAS che owner of the Parcel has requested that the Board of County Commissioners of the County of Eag1e, SEate of Colorado (the "Board"), vacate the Ten Foot Strip such that the Ten Foot Strip may be owned, used and conveyed by the adjoining land owner Pursuant to the approved Preliminary Plan; and I^IHEREAS the Board has determined thac the Ten Foot Scrip is entirely within the County of Eagle and not within the limics of any city or tor^,n and that the vacation of the Ten Foot Strip would not leave any land adjoining such roadway without an established public road connecting said land wirh anocher established road. NOI^I THEREFORE, BE IT RESOLVED by the Board of County Commissioners, of the Ccuncy of Eag1e, State of Colorado: ( TI{AT, upon the recording legal description of the Exhibit A attached hereto Strip is hereby vacated, longer be any parc of the Lion's Ridge Loop. of this Resolution together with the Ten FooE Strip as fully described in and made a part hereof, the Ten Foot declared and decreed hereby to no CounEy of EagLe.Roadway knor.m as MOVED, READ AND UNANIMOUSLY ADOPTED at a regular rneeting of the Board of County Commissioners, County of Eagle, State (of Colorado, dated this pg day of .161ot--, 1980. GOUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY CO}&IISSIONERS BY: OF COUNTY CO}OIISSIONERS roxer, .fu ' !.(, 1.03, c, l2.a(2) page 13 Revise to read t 2' Not ress than 95 percent of standard proctor ma,ximum density as determined by MSHTO T99 Method B, is attained in any portion of an embanlgnent, or.95 percent in a su@rade area, ot i"^ sDer-i fi c.l for other items vith a percent maximum densitv. 1.03, c, l2.b page 13 Add to end of paragraph to read: Testing interval sharl be based on cDoH.mini.mum required frequency ' Hlii3liii; "$::*:;i:'i"*int's"6tiai r''oe- provi a e a' ii ; -;ti; -cili', * &p$,.\..11*-\!> -Uo\l-\ od '*- q^d Cern\i t\\ute, ADDEX\TDUM NO. 1 to ROAD CONSTRUCTION SPECIFTCATIONS €nr PARCEL TTT, TI]E VALLEY May B, 1986 End of Addendun No. I I r'l I E)G{IBIT A LEGAI, DESCRIPTION A 10 foot strip of land lylng within Lion's Ridge Loop, a 70 foot vide road right-o-f.-way dedi.cated to Eagle County, Colorado, as shown on the flnal plat of Lionrs Ridge Subdtvis j.on, Flltng No. 2, a subdivision recorded ln che offlce of the Eagle County, Colorado, CLerk and Recorder, said 10 foot strlp belng oore partJ.cularly described as f ollor.rs: .Beginniag at a point on curve on'the northerly rlght-of-rtay line of said Lionrs Ridge Loop, whence the north 1/4 corner of Section 12, TownshiP 5 South, Range 8l West of the 5th Prlnclpal Merldian bears N 81o29t10" E 282.01 feet dlstant; thence following Ewo coulses along sald northerl-y rlght-of-way line: , (1) 48.35 feet along the arc of a curve to the left haviug a radlus of 611.29 feet, an interior angle of 4"31158", and a chord chat bears S 68"28t04" W 48.35 fee-!;. (-2) g 66"12'05" W 283.62 feet; thence, de.parting said right-of-way 1ine, S 23"47r55'-E 1O.00 febt; -thence the following two courses along a llne that ls 10 feet distant from and parallel wlth sald northerly rlght-of-way 11ne: (1) N 66"12'05'l q.._283.62 feer; d2) h4.39 feet along che arc of a curve to the rlgh_t ha-v-lng a -tadius of 60I.29 'fe-ec, an.interior angle of 4"13t48", and a chord vihich bears N 68"18?59" E 44.38 feet; thence N 1"40'19" W 10.50 feet, to the point o! beginning, containlng 3300 square fee! or .076 acres, uore or less. (r (, ( C (o. RESOLUTION OF THE BOARD OF COUNTY CO}C,IISSIOI.IERS COUI{TY OF EAGLE, STATE OF COLOMDO RESOLUTION NO. 80 -/O VACATIOII OF A PORTION OF TI{E NORTIIERLY LINE OF PARCEL A, LIOII'S RIDGE SUBDIVISIOII, FILING NO. 2 WHEREAS, the Boaid of Coincy Commissioners of che County of Eag1e, StaEe of Golorado, hereinafter referred to as the "B6ard", has been requested to vacate a certain portion of the northerly line of Parcel A, Lion's Ridge Subdivision, Filing No. 2-; and WHI:REAS, the owners of the land contiguous Eo said portion of'che,norEherly line have represented Eo Ehe Board Ehat there are no escablished easements that will be affecEed by the vacation of said porcion of tl're northerly line; and WHEREAS, based on -said representations, the Board has deEer.- mined thaE the purposes of said portion of the northerly line as originally intended are no longer necessary. NOI^I, THERIiOP€, BE IT RESOLVED by tl're Soard of CounEy Cor,rnissioners, of rhe County of Eagle, SEaEe of Colorado: THAT, the portion of Ehe norEherly line of Parcel A, Lion's Ridge Subdivision, Filing No. 2, more particularly described as follorvs to vriE: a parE of rhe northerly line of Parcel A, LionIs Ridge Subdivisiorr,-Filing--No. 2, a subdivision recorded in the office of the Clerk and Recorder for Eagle County, Colorado, said l-ine also being the north line of Section 12, Tovrnship 5 South, Range 81 WesE of the 6Eh Principal Meridian; Ehe part of said line Lo be vacat,ed being more parcicularly described as follows: Beginning at an existing brass cap monurnent at the north 1/4 corner of said Section 12, thence along Ehe nortllerly line of Said Section 12, i,l 88 degrees 17 minutes 49 seconds E288.65 feeE to the point of terminus; is hereby vacated, declared and decreed hereby to be of no force and effect at law, I.{OVED, READ AND UI{ANII'IOUSLY ADOPTED C_ounly o at a regular meeEing ounqy of Eagle, SEat e, SEate of of +?--z li---zrtz*.), 19 B0 . COUNTY OF EAGLE, STATE OF COLORADO By and through iE's BOARD OEr COUIITY CotOtISSIOI'IERS \ l='\1 , the Board of County Commissioners, Colorado, dated rlnLs //tAay of BOARD OET COUNTY COTOIISSIOJ'IERS BY: LU/, { #."M rman County Conrnissioners BY: BY: ams,onn].ss ( 5 -1 , :.:i :ii ';.-i -:& K,f;'-3 Ti::.i il!j ;,y";t :rl!05'i,p t9.?$::fic til-{.tl":8.' t.1a t*t;' ti.'i. iotat. on th*: g thrcr corratl llong rc{d tr rly. b-) coNslQtJcTroN PERM rT apl,rcATtoN Jurisdiction of EAGLE COUNTY USE THISJORM WHEN APPLYING FOR ANY OR ALL OF THE FOLLOWING ?ERMITS: clRcLE rHosE rHAr AppLy- [ A I Building IB] Plumbins IC] Electrical ID] Mechanical IE] RoadCut/Rightof Way IF] lndividual SewageDisposal System (GI]Grading IH] SiSn Applicant to cowlete numbercd 22,i 12;e Sr"A { 2 t"!€E arrAcfr€o sHEEr I P*r"/ A z ./nmnr ,/-/ &;;476- 6?4d CONTBACTOF 3 S*ns 5 Zleal*"u Sarua PHONE 329-7209 /gsa I Crrsof work: !ilUeW tr ADolTloN o ALTERATToN O REPATF B MoVE 0 REMoVE 9 Describe rmrk: J 5Aa Z P Prro*/o Drrru 1-)r 6rr/t^ 3A6a 4, 10 Chango of use from 14 Total floor area of structuro:n/A lt Vrfuationof unrrz $ V 34rtt? 15 llsight of structuro above linish grade:P/a 12 funage or :q. footags o{ lot: l3 Sq. footaga of lot covsrage: l7 Energy Aunrd: Fxceptions are listed in refer to Eagle CountY O' COTIFAqTOR OF AUIHOFIZEO AG€NT srGNAluFE Ot OWf{€B {lf ollr{€F BUIloEn, lihtttCopy-INSPECTOF Crnrry@py-APPLIGANT Pink C'opv-ENvIRONMENT Copy-AsS ESSOR \ .\ 5 o o : o 2 t F I I ID r t. l> I I I I Hel ;q 15 Jt ,o I- lY,FJ f*o LDnr I I I I I I _l ;'l 1 -..1 lr r6 im @ ,l 'l rl I I -o 2 6) I I I I I I I I I .r z -r ir il ol al >l ,I 3l 2l ;-l DI <l 2l 3l 6l <l !l cl ol -rl ol al ! I I H .I\ F I I I I I I o ! I I I I z t..D I I I I I I I 3 FI z €-- o z o 6 z 3 I !d o o o tJ. +ts A A F* o.. rrrF c6g :,^.ez i:zd 6sY ?I;tvo * P.z gf;lri N .l 3 rt .F, ; 3 o o h' +t H {6 Ar :l 3I EE qt F I z o t Fl.t F -ra { H lo -lE I lst ilo I l@l Itst lol lg I oz {c n|< 6}o c'n z -J I I lo;tl I nl I 2l I sl tt o o t z q9 :; I lr ti tl ll ll .ll tl lo 3t Lr-G o, c> fig {z I o 3 t o o ! I o Irt ! :l I F ttt o o ! g o-t o o D I !! E o z { n o ! H .8t iJ o 4 o o ta Cr, .o o Q] g o o E I >u| ltl a JI t!o ! J i o -l a, @ F o z o o F0Pi1 ( TT ADDI I'ATIN\I r I ilt I Lt:-ail -luli IIDSCAPE I IISPICTiO.N,I , Pnnraav.Rourlruc cnllAlTV all vvLt. | | L,Ll C/O INSP Rour r rue ILDII\!G PLR,"I ECITI(lI,I, I,A Fonn n trAnl r LNULL FINAL: Revr en UTING ZONEffi n Revrevreo By: !]AT_E. i(Ecoi.ll1EN) APDRoVAL : YES ., rr*o E.E I(lIAL: Cor.rprles UNDATION L BUILIIiIG CFF floorrr're & Fo f,RCH r TECTURA rLU\B i NG ILECTR i CAL HecHnru r NcAL LOI,IMEIITS : I.II TH : '; .'- ' RecoNmelro Ap PROVAL: -t n tl F r olr Ree ulrr I olls cr/lAT r oii s ( LANDSCAP I NGJ PLAIIIiIIJG : Susotvrsl lor,rr rug Re - )ITE I'LAN Coiqmelrrs : C0Ui.lTY EllG IiIEER : ^ Ronrs ^tRAD I NG URA I I\IAGE rJ$/lrtnLl.l, .wn1fli )AtJ I TATI Oil UrFntnh.l, .h'nfgi LY ',2' - a Peac. rEsi " <t',r$7.r1D; EE {-c h n.rat bc- Z/, dg", REco,.lr.tEtto A ,r Cor'lle irts : Coilr,re i'rts: Bv Dnre PPRO\/AL: C/rj ISSUEi) Frrunl Ftlrrrc Dnre a-\ 1 r\alJ -var- \ d"o Ll\t:\ o H tr o hqr ^"4 *r**1'a r$ ADDENDUM NO. 1 t\J CONSTRUCTION SPECIFICATIONS for PARCEL III, TI]E VAI,LEY I.4ay B, 1986 1.03, C, I2.a(2) Page 13 Revise to read: 2. Not less than 95 percent of standard proctor maximum density as determined by MSHTO T99 Method B, is attained in any portion of an enbanlsnent, or 95 percent in a subgrade area, or as specified for other items with a percent maximum density. ROAD I.03t C,72.b Page 13 Add to end of paragraph to read: Testing interval shall be based on CDOH procedures. Results of all tests shall Engineering Department. minimum reguired frequency be provided to Eagle County End of Addendum No. 1 t)i; \- o Bo R<: -*(=-p6;tt s -a-a7 -redr'n1 ?"661;1 A.-.'-Liot"- gv{- D*Jcr---*--i$.*a Jajl , l, - tlo. L+' ?rt iY. , t'*- L spo"-*o --- -fe-q .r{ye, 15|,.'=s-(-..eirclryd - g>1oc lov - dr^";Al -- -----1 O eorrt^-ntrp- t -tea,hn1 --$*0, c,r.-.t ,^ril . cr-i & lI 1r.ar' --Zr-6rade/ - -c* ,-ilr$a5 ar."*rr'7, cc?.n Jo-4, % --ir.*-t - I -t , -L., "t - /l <. 1*er nic k -d t__ PolrcyNo. AZ 382958 AUERICAN LANO TITLE ASSOCIATION OWNER'S POLICY ^ FORM B - 1970 (Amended 7O-7j-7Ol tlTtnnt /,4!N, llrlE INSURANCE UoMPANY oF lVllNNEsorA r-trlr I - Q.^^1, F^----r, ^a rti--a--^ri- f,t!^-^^^-*..-r.. !:.:':--.-.-=.-._.---:a Stock Company of Minneapolis. Minnesota susrecr ro rne ExcLUsIoNs FROM covERAcr, ine rxcrerroNs coNTATNED ^ *r*rora, , o*THE PROVISIONS OF THE CONDITIONS AND STIPTJLATIONS HEREOF, Tff LE NSURANCE COMPANY OF MINMSOTA, herein called the Company, insures, as of Date of policy strown in Schedule A, against los or darnage, not exceediag the amount of insurance stated in Schedule A, and costs, attorneys'fees and expenses which the Company may become obligated to pay hereunder, sustained or incuned by the insured by reaion of: l. Title to the estate or interest described in Schedule A being vested otherwis€ than as stated therein; 2. Any defect in or lien or encumbrance on such titte; 3. Lrck of a right of access to and from the land: or 4. Unmarketability of such title. IN WITNESS WHEREOF, the said Title Insurance Company of Minnesota has caused its corporate name and scal to h hereunto affixed by its duly authorized officers as of the date shown in Schedule l, tfre policy to bc valid when countersigned by an authorized oflicer or agent of the Company. iy'lrr.rr.resorn : ' ':'- /-: Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: l. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dinrcnsions or location of any improvement now or hereafter erected on the land, or proh.ibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of aqy dolation of any such law, Jrru ir,rsunnr,rce f,orvrenruv or ordinance or governmental regulation. 2. fughts of eminent domain or governmental rights of police power unless notice of the exercire of such righrs appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but knowa to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not ha'ue been sustained if rhe insured Officer or Agent claimant had paid value for the estate or interest insured by this policy. oo CONDITIONS AND STIPULATIONS I. Definition of Termr insurcd, is rejected as unnrarketable. [f such prompl notice shall not be given to the Company, then as to such insured The following tenns when used in this policy mean: all liability of the Conrpany shall cease and terminate in regard to the matter or matters for which such prompt - (a) "insured": the insured named in Schedule A, and, notice is retluired; provided, however, that failure to notify subject to any rights or defenses the Compury may have shal.l in no case prejudice the rights of any insured under had against the named ilsured, those who succeed to the this policy unless the Company shall be prejudiced by such interest ofsuch insured by operation of law as distinguished failure and then only to the extent of such prejudice. from purchase including, but not limited to" heirs, distri-T butees, devisees, sundvois, personal representatives, next of (c) The Cornpany shall hav€-the-right at its own cost kin, or corporate or {iduciary successors. to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion (b) "insured claintant": an insured claiming los or may be necesary or dcsirable to establish the title to the damage hereunder. estate or inlerest as jrtsured, and the Companymay take any appropriate action undcr the terins of this policy, whether (c) "knowledge": actual knowledge, not constructive or not it shall be liable tltereunder, and shall not thereby knowlidge or notic; which may be imputed to an insured concede liability or waive any provision of this policy. . by reason of any public records.(d) Wrenever the Company shall have brought any (d) "land": the land described, specifically or by action or interpose.d a defense. as required or Permitted by referenci in Schedule A, and improvenients affixed thereto the. provisions of this -policy, the Company may Pursue ,rny which by law constituti real property; provided, however, such litigation to finai determination by.a court ofcompe- the term "land" does not include any pioperty beyond thi tent jurisdiction and. expressly reserves the. right, in its sole lines of the area specilically descri6ed 6r r6f"rrid to in discretion, to appeal from any adverse judgment or order. Schedule A, nor any right, title, interest, estate or ease- ment in abutting strletsl roads, avenues, alleys. lanes, ways ,, ^G) In a'll- casel where this p"lilJ f tn]i.t: or requires- or waterways, birt nothing hcriin shall modiiy'or finiit tf,e the Cornpany to prosecute or provide for. the defense of extent to wtrictr a right ;f access to and fiom the land is any action or proceeding, . the insured hereunder slra.ll insured bv this poricvr ::?:[J?"'l;"f::li#:$:J:*ili::fJ:i'#H:lf:,""'*: (e) "mortgage": mortgage, deed of trust, trust deed, and permit lh: c?mPany to use,lf!]ts oPtigl:-tJ]:I*" of or othir securit/iistrument.- -'-' such insured for such PurPose. whenev_er requested by the (r) ..pubric records": trrose rec,rds which by raw !;llt 'tt*":lr'""""fii"i1*."Ji ;1i.::fiif!%::'r"l; impart' 6onitructive notice of nratters relating to sAd land. settlement, t:"l.itp evidence, obtaining witne-sses, or. Pro' secuting or defending such action or proceeding, and the 2, Continuation of Insurance after Conveyance of Title Company .shall reimburse such insured for any expense so lncurreo. The coverage of this policy shall continue in force as of Date of Polic/in favor o'f an insured so long as such insured 4. Notice of Loss - Limitation of Aaion retains an estate or interest in the land, or ho.lds an indebt- edness secured by a purchase money mortgage given by a ^ In rddition.o.r the notices required under paragraph 3(b) puirf,.r.t ftom iucf,'in*r"d, or so tong is-suitr insuiea' of these ColditiglsandSlipulations,t,:lil:T:llin^writing ihatl ha"e liability by reason oi covenants 6f warranty made ot ,any, loss or d.amage lor whlch lt ls clalmeO tne UomPany by such insured in any transfer or conveyance of such is liable..under^this poli-cy shall be furnished to the Com' .it.te o, interest; provided, however, this policy shal noi pany within.9O,days after such ]os or dam,age s]rall have continue in force'in favoi of "ny purchls"r'frorn ru.tr peen {ete,1min1! and,no-right of action shall accrue to an insured of either said estate or interest or the indebtedness insured claimant until_30 days after s_uch statement shall se cured by a purchase money mortgage given to such insured have been fumished. Faiiure to fumish such statement of ' los or damage shall terminate any liability of the Company 3. Defense and prosecution of Actions - Notice of under this policy as to such loss or damage. claim to be given by an Insured claiman' 5. options to pay or otherwise settre cr.amr (a) The Company, at its own cost and without undue aetay,'iiraU providL-6i tlr" defense of an insured in ali ^]he.Comqanl sha'll have-the oPtion to Pay or otherwise litigaiion con'sisting of acrions or proceedings co.,n.n"rd ::!llt l(,l :l-il mj.11"" of an insured -clau.nant any claim against such insured, or a defensi interpoicl against an insured^against or to termiante all. liability and obligations iri'sured in an action io enforce " coniraci for a sile of the of the Conrpany hereunder by paying or tendering payment estate or interest in said Iand. to the extent tltat such of the amount of insurance under this policy together with litigation ii founaeJ upon .n ajleged defect, [ien, encum- any costs, attorneys' fees and expenses incurred.up to the brance, or other matter insured -against Uy thii policy time of such payment or tender-of payment' by the insured ' claimant and autl:orized by the Company. (b) The insured shall notify the compatly promptly 6. Determination and p'ayment of Lo:r in writing (i) in case any action or proceeding is begun or a' ue(ermrn'rrr(,tr anq raYmenr qr Lo$ defense is interposed as set forth in (a) above, (ii) in case ^r *L- /r^_---., ..-,rar rhic knowledge shall come to an insured hereunder of any claim ",,-,, ,!t].-l*-t:1b^il-ity of the Comprny under this policy of title or interest which is advene to the title to the estate sltall in no case exceed the Ieast of: or intercst, as insured, and which might cause loss or damage for which the company may be liable by virtue oi (i) the actual loss of tlte insured claimsnt; or this iolicy, or (iii) if titl; t6 the estatc or interest, as (ii) the anrount of insurance slated in Schedule A;or \(Continued on inside be.ck flaP1 o oo TIM 6ulnens For.nr 231?Pol icv No. AZ38?9EA File No. VOg516 Amount 9?2O,CIOO.DO SCHEI'ULE A Address >.7. 1 . Pol i cr" Date: Apr i I Ol , 1?86 at g: OO A. t",1, =. Narne r-, f Irrsured: LAHAR CAPITAL L:ERPBRATIT.]N, A NEW JERSEY L:BRFORATION 3. The €state on interest in the.Iand described in. this Schedule and uhich is cc'vered bv this r'ol icv is: A Fee 4. Title t r-, the estat€ c,r interest covered bv this pol icv at the datr.' her,eoS is vested irr: LAMAR l:APITAL ':LIRP':IRATIrlN' A NEl,,, -IERSEY CBRPORATION 5. The I and ref erred ta in this pol ic.r is situated in EAGLE f,ount'r', . tlol r-,r'ad':, and is descnibed as f c, I I c,urs: PARCEL 1: A PCIRTIOI.I OF PARI:EI- A, L ICII{'s RIBGE SUBNIVISII:IN, FILING NL'I. ? Af,f,flRNING TO THE RECCIREIEN PI-AT THERE|]F, |]BUNTY gF EACiLE, STATE L-.IF CI:I[.ORAIIL'I, PICIRE PARTI'::ULARLY EIESI]RIBEEI A5 FIILLIfI.IS: BE TINNING AT A Ff]INT ON THE SCIUTHERLY RIGHT_OF-I,JAY LINE OF I...IL']N'.s RITIGE LL'IBP, I..IHENCE THF N':IRTH AUARTER CORNER UP SPS1TT]N T2, TOI.INSHIP 5 SI:IUTH, RANCiE 81 I.IEST CtF THE SIXTH PRINCIFAL HFRINIAN FEARS NORTH 60 EIEGREES 55 ]"IINUTE5 39 SEL:CINDs EAST 125?.S3 FEET, IHENI:E THE FBLLCIIIING THREE CC'URSES ALC'NG SAIE SOUTHERLY RII3HT-OF-I.JAY LINE:(1) 5 49 ITEGREE:3 45 MINUTE:+ 56 SECONnS H Ei(J.77 FEET; (?) 24(1.51 FEET,ALONCi THE ARC OF A CURVE TO THE RIL:HT HAVING A RAIIIUS OF 11313.77 FEET, AN INTERIOR ANGLE OF 12 EIE|JREES 1? HINUI.EG 3? SECONOS,. ANN A CHCIRD WHICH BEARS S 55 EEGREES 5? HINUIES 12 sEf,0Nns w 240.06 FEET; ('-?).5 61 trEr:rREE5 FF MINUTES 2r3 SEnONfi:_r {,.., 436.74 FEET, THENCE NEPARTING SAIE RIGHT-CIF-WAV LINE SCIUTII T1 nEfiREES 5? I'IINUTES 06 SECI]NFS E /--5.O1 FEET' THENCE N 7? DFFRFES ?6 HINUTES 4? SEL:ANES E 35.Cx] FEET' THENCE N 76 IIECiREES 47 I'IINUTES 5? .SEtrI]NTIS E 3I:J?.54 FEET, THENCE 5 44 EIECiRFES 5? MINUTES 1A SECC|NI'S E AO.OO FEET TO A PCIINT trN THE SOLITI1ERLY BL'TUNEARY OF :iAIn PARCFL A' 1HENCE THF FOtLflt^IING Ttt0 COLIRFFS ALON6 SAIE SOUTHERLY BOUNDARY: ( 1) N 68 EIEGREES 15 F1INUTES O(' sEcoNns E 3-IO.OO FEET; (2) N 50 IIEGRFES 05 HINUTFS (r0 6FnnNn'i F 1OO.OC, FEE.T, THENCE DEPARTING .SAIN SCII-ITHERLY BtrI]NNARY N ?7 NEGREFS ? MTNUTES 5? SECNNBS I.I ?08.?6 FEET, IHF.NCF 5 62 NE'JRFF5 57 HINLI]E3 CIl SECONNS il I?1.5CI FEET, THENL:E N 3 I'EGREES 5? oo TIM Oulners Fcrr'm ?312 Pol ic.r Na. AZ3B?9SS File Nc'. Vt)8516 Am,lunt $22Q'OOO.OO SL:HETIULE A . AddrESS >7' '_:-_' _-:r -- ---_ -- - - - -*_:--_':--- =-= :=; -::== .-::: -._r:--::-.'_ -:_: I"IINUTES 59 SECBNDS I,,I 91.61 FEET TCI THE POINT OF BEGINNING. PARCEL ?: CONTIfiI'IINIUH UNITS 1-A ANII 4-A CiRtrUSE GLEr.{ AT VAIL CONtrI]MINIUHS, ACCORNING TO THE RECORNEN MAP THERECTF ANT' AS EIEFINED IN THE CONDI]MINILII'I BECLARATION THERETO REC']RTIEII JULY 14, 1991 IN BBCIH 325 AT FAGE 9?5' CC'UNTY CIF HACiLE, STATE BF COLQRAEIO. oo TIl"l Ounen Fonrn 2313 File Na. VOS516 SCHEEULE B This pal ic'y dc,es not insut.e against I oss oi darrage Pol icy No. AZSS2958 bY reas.on af the f .rl I otrrins: 1. Rishts or cIainrs of parties in p,rssessic'n rrc't shouJrr bv the Pub I ic necords. ?. Easementsr or ciairrs <,f easemerrts, nrt shc,uln bv the public reccrds. 3. Discr'epancies' cc.nf I icts in bourrdary I ines, shar.tase in ar.ea,encroachm€fitsr and any facts ulhich a cqrnect surv€y and inseection of the pr.emi s€s rr,oul d discl rrse arrd uJhich a.r.e not shciurn trY the euhl ic necocds. 4. Any I ienr nr. risht t r-, a Iien, f crr services, labc,r, or. mat€Fial theretaf ar'€ or hereafter furnished, irnposed br. I a.rrr a.nd nc,t shourn lv the pr.rh I ic necer.ds. 5. 1'S6 TAXES NOT YET DUE ANII FAYAEILE. 6. RIGHT OF PRL]PRIETCIR OF A VEIN OR LOT'E TO EXTRAL]T ANN REM']VE HIs BHE THEREFRAH SIIOI-ILD THE SAHE BE FCIUNN TCt PENETRA'TE CIR INTERSECT IIIE PREMISES AS REL1ERVEN IN UNITEEI STATES PATENT I]F RECI]RN IN INSTRLII-IET.IT REI::ORIIEI] ArrsrJst 16, 19C-I9 IN BOOH 4.q AT FAGE 542 ANN REEI:IRTIETI NEL]EHFER ?9, 1'.{TO IN FfiL]I.: ?3 AT PAI:iE 4.2. 7. RIT-iHTS AF ilAY FIR IIITCHES OR CANAL:-I L]L'INSTRUI:TEN FY THF- ALITIICIRI'TY I]F THE LINITED STATES' AS RESERVEII IN UNITED -qTATES FATENT RECORfTEft August 16' 19O?' IN BBffH 4.9 AT PAL.iE 542 ANII RECARDFN EECF.I,IBER 29, 1??O IN BNI:III: .?3 AT PACiE 4?. t3. RESTRItrTIVE [[VENANT5, I^IHICH TICI NI:'T ICINTAIN A F':IRFEII'URF OR HEVLftTEF CLAUSE' AS CCINTAINEII IN INSTRUI'IENT RECORNEII SCPtCMbET ?(I, 19/? IN BBL]H ?I5 AT PAGE 443 ANft Af'lENtlEEl IN INSTRUI'IENT RECnRtrEtr -Feptember l'.?' L?72 IN EOEK 225 AT PAGE 565 ANft AHENnEIT IN INSTRUI"IENT RECORr'E0 .-lanuanv ??, 1?74 IN BtlflK -.\ ?33 AT PAGE 53.A) \(9.)/UTTLITY EA5EI"IENT9+O FEFT rN r.fIrrTH,',LA)FEET rlN EACH _nrnE OF ALL TNTERTOR Y-/ LOT LINES ANN A T15 ]FOBT UTILITY EASEHENT ALONG ANII ABUTTINCi ALL EXTERIOR LI]T T.INES AS RESE{VEN I]N THE PLAT OF LION's RIttEE SIJFOIVISION, FILINF NCr. ?. oo File Nr-,. VQLI5141 SCHEI|ULE B F'r-, Iici' Nc,.AZ:?B?:r5il TERMS.' -PRT.iVISTDNS ANEI CI:INIII-II|:|N:3 IN RESI]LLtTIL..INS I:IF THF_ BI:IARLI OF CI:'MMISSIONERS, COUNTY OF EAIJLE, STATE OF C:I:ILORATI|:I RECORfIEN MARCH IN BL'10t1 300 AT PA|[;E 7=7 ANn HAY 6, 1.?r3r1 11 Fr:l|:rt; 30? A'f pAr]E 50L'r. 'l Il.l rlrrlner.'Fr-'rm !:?13 r-7>,II T9.)UTILITY EASEMENT AS SHI]I^IN EN ELfIt-]RAfI':' ENI:iINEERINCi L]I]MPANY SURVEY IIATEEI ,-ILINE v - rg, L?73. 6REEMENT BETI^'EEN TAYVEL ENVIR':If,INENTAL LANN L:I:II'IPANY ANN ilBUNTAIN STATES ANB TELEGRAPH C:OMPANY RECI-]RNEN €;EPTENFJER ?7, 1973 IN EJI.1BF1 ?31 AT TELEPHONE PAGE ??1. C':IUNT'Y z-/ , 1gEr_r I^IATER ANT' :-iEI^JER PURPBSE:3 A5 6RAN.1 LN Ttl IF{F EASTERN VALI-.-EY ASSBI::IATII:IN FHASE ?_A-ONE, INt::. ]N INSTRIJMENT REI::fiRfIEfI ,-ILILY 1{J, 3:.,5 AT PA|IE 7'?5" r-.,-RANTE!T TD r:rlNtr0MINIUf,l UNI'l:1 NO:j. 1A, 1ti, :A, :<A, 4A, 48, AT VAIL C|:TNITOHINIUMS IN INSTRL||'IENf REC|:|RDEF.-tULy lr_), 19r:1 IN PAtSE 7?t_-. / < ITEHS 14 THRL-rLIGH 16 AFFEC:T PARI:EL 2) 1/ t7. EA5Er,lEf.,lT A5 GRANTELT Tr:r tJN. ,-lAt',lE:-1 rll-lNNJNr:iHAl"l Ahin vALLEY ASSrlr::IATE::], Llrr., A C:OLCIRARI:I LII-'IITETI PARTNERE:HIP IN lNf;TRLIMENT REC:BRTIEB AI-IGLJST 1&, 199'' IN BLt[IhI ::{44 AT PAIiE :?0-1. ,,i'tA. EASEHENT AS tiRANTEn TD VAIL VALLEY Cr:rt'li-iu|-lfrATEfi WAI-ER ['ISTRIT--T lf.t INSTRUMENT REL:L'TRNEN SEPTEMFER 13, 19S? IN EII:II:II.I -145 AT PAGE 7S€,. ( ITEHS 17 ANN J.B AFFEL:T PAKIIEI 11 ITEMS l THROilIIIH 4 ARE HEREBY BELETET' A:3 Tt:I FARI.:E1 1. 1a l*'f.TERHS, PROVISIONS ANN CCINNITIONS CCINTAINEN IN PLANNETI UNIT NEVELCTPHENT PLAT AND EIECLARATII]N flF PRfJTEI]TIVE L]IVHNAN"I"s RE.II:IRTIETI HARTH 27, 1'?AO IN FI:IO}.I :iot:, AT FAGE 754 ANT' RE-RECI:IRIIEN APRIL 10, 19SCI II{ FBI:II.: 3T-)1 AT PAf.iE 41:. (ITEH5 I-' THROLIT:iH 1.:r AFFET]TFARI:EL5 l ANN ?) THT-ISE PROVISICINS, I::I:IVENAI..ITS ANf' CI:'NNITIL-INs, EAE:EMENI'g ANTI REE: IRIL-I'IONE;, I^JHII::H ARE A BURIIFN TI:I THE CI:IT.I[|I:II4INII-IM I-INIT IIESI]RItsETt TN CI]HETILIL.E FI , A,:i ,, .,9.r:CINTAINETI IN INSTRUMENT REC:ORUETI .-Ir.rI r 14, 1'{Lt1, II..J BOI:'K: :JZ5 AT PACiE 9?:; ANLI Ul'. nA:S:-iI|:iNMENT r:rF RJr-iHTS RE:-iERVELT THERH-IN REr::LrRfrEn frEr::LMtrER -?O, 1-1gt It-.1 FuUi:. I Gl' :15 1 AT FAGE 1S5. i= o.r*rNr Fr:rR r:nNBOllINILll'l 1 1?r3 1 I f,l BBI:rk EASEI,IENT A:3 GROUSE GLEN Etr-tttx 3== ot o' (Continued fron insidc front flapJ (b) The Cornpany will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by thc Company for such insured. and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Contpany. (c) When liability has been definit'ely fixed in accor- dance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of Liabiliw No clairn shall arise or be maintainable under this policy (a) if the Conrpany, after having received notice of an alleged defect, lien or encumbrance insured against here- under, by l.itigation or otfterwise, removes such defect, lien or ensumbrance or establishes tlte title, as insured, within a reasonable tinre after receipt ofsuch noticel (b) in the event of litigation until there has been a find determin. ation by a court of cornpeteot jurisdiction, and disposi- tion of all appeals therefrom, :rdverse to the tltle, as insured, as provided in pangraph 3 hereof; or (c) for iiabiljty voluntarily' assurned by ur insured in settling any claim or suit without prior written consent of the Cornpany. 8. Reduction of Liability AII payments under this policy, except payments made for costs, attorneys' fees and expenses, shail reduce the amount of dre insurance pro tanto. No payment shall be made without producing this policy for endorsenrent of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished ro the staisfaction of the Comoanv. 9. Liabilitv Noncumulative lt is expresly understood that the amount of insurance under this policy sha.ll be reduced by any amount the Com- pany may pay under any policy insuring eitlrer (a) a mortgage shown or refened to in Schedule B hereof which is a lien on the cstate or interest covcred by this policy, or (b) a mortgage hereafter executed by an insurcd which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a paytnert under this policy. The Company shall have the option to apply to the paynrent of any such mortgages any atnount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy lnd lhe anrount so paid shail be deenred a payment under this policy to said insured orvner: 10. Apportionment If the land described in Schedule A consists of two or nrore parcels which are not used as a single site, and a loss is established affecting one or rnore of said parcels but not all, the loss shall be cornputed and settled on a pro rata basis as if the anrount of insurance under this policy rvas divided pro rata as to the value on Date of Policy of each separate parcel to tlre whole, exclusive of any improvements made subsequenl to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Cornpany and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorseurent attached hereto. Whenever the Company shall have settled a claim under this policy, all right o[ subrogation shall vest in the Com- pany unaffected by any act of the insured claimant. The' Company shall be subrogated to and be entitled to all rights and rernedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by . the Company, such insured clainlant shail transfer lo the Company all rigltts and remedies against any petson or property necessary in order to perfect such right of subro- gation and shall pernrit tlle Company to use the name of such insured claimant in any transaction or litigation in- volving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shail be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Contpany, in that event, shall be required to pay only that part of any losses insured aga rst hereunder which shall exceed the amount. if any. lost to the Courparry by reason of the irnpairment of the righ t of subrogation. 12. Liability Limited to this Policy This instrunrent together rvith all endorsements and other instrutnents, if :lny, !ttached hereto by the Company is the entire polir:y and contract between the insured and the Conrpury. Any clairn of loss or dmage, wltether or not based on negligence, and whish arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and con- ditions and stipulations of this policy. No arnendnrent of or enrlorsenrent to this policy can be made except by writing endorsed hereon or attached hereto signed by cither the President, r Vice President. the Secre- tary, as Assistant Secretary, or validrting officer or author- . ized signatory of the Conrpany 13. Notices, Where Sent All notices required to be given rhe Company and any statelnent in writing requircd to be lirnrislied tlle Conpany sh:rll be addresscd to its lloure Oflice. Minncapolis, Minne- sota 55401. Notc: '[his policy valid only if Schetlr.rlcs A uncl l] rrc irttrehetl. o 75 soufh ltoolage road vail, colorado 81657 (303) 476-7000 of llce ol communlty develoPment lia rch 29 , '1985 l4r. ilike Irvine lloociward & Associates 12900 Preston Road Suite 1000 )allas, Texas 75231 Dear Mr. Irvine, I have enclosed for your jnformation copies of the zon'i ng code, Design Revjew Gujdelines, anci Design Review Procedures and Instructions. You reqUested infornntion for a parcel of ground referred-to as Phase VIo parcel A, Lionsridge filing #2. I am assurning you are refering to phase VI of .the 'Vil'l ey Development". As -you may be aware, ihis parce'i has approval for forty two dwelling un'i ts. ,Any re-design of this upprJubA development irlan wou)d require approval by.the Town. Prov'ided ybl rtuy within existing zoning,_this. approval would more than I'ikely 6e lim.iied to the gesign Review Board. However, I wou'l d encourage you to contact me with any inforrnation concerning this re-design so a cleternrjnation can be made as to whether or not this project would require adcjitjonal review by the P1 anning and Environmental conrnission. please do not hesjtate to cali me wjth any questions you may have. 5 ince relY,- 1\\-.-! r.. . _, Tom Braun Town P'lanner TB/ rme Lncl. l. \, tlii Project Application | -'-'*Date €L-rf Fs/ND $A-l Project Name: Project Descriptioni Contact Person and Owner, Address and Phone: fu.ottif€ct, Address and Phone: Design Review Board Motion by: Date Seconded by: DISAPPROVAL Summary: ryApproval o OC, - .\ J4- {./atl_*,,') 7 AA-"-.-- >{_ =4----/4;L/ I I I I I I I I I I T I I I I I t I I {tunutr*nrul NQrevD: ffi5tr{n ELK MEADOWS VAIL, COLORADO ENVIRONMENTAL IMPACT REPORT PETER JAMAR ASSOCIATES, INC. PLANNING. DEVELOPI\,4ENT ANALYSIS. BESEARCH I I T I I I T I I I I I t I I I I T PETER JAMAR ASSOCTATES, tNC. PLANNING. DEVELOPI\.4ENT ANALYSIS, RESEARCH August 5, 1987 A. Peter Patten, Jr.Director of Community Developnent Town of VaiI 75 S. Frontage Road VaiI, CO 81557 Dear Peter: In accordance with Chapter 18.56 of the Vail l,lunicipal Code, we are hereby subnitting this Final Environmental Impact Report relating to the Elk I'leadows Subdivision Final Plat application. The EIR has been revised and updated in accordance with the I conditions of approval of the Planning and Environmental t Comnission and Town Council. PJ: ns Suite 308, Vail National Bank Building 108 South Frontage Road West . Vail, Colorado 8165/ . 1303]' 476 7154 I I t I I t I T I T I T -l ELK MEADOWS VAIL, COLORADO ENVIRONMENTAL IMPACT REPORT Prepared for: Lamar Capital Corporation L"i3;3,1i311:* I I p"te,.r",ll"lliliJi",",, ,n. 108 South Frontage Road West, Suite 308 I Vait, Cotorado 81657 303/476-7154 I I I _ MAY 1e87 Revlsed Auguet 5, 1987 I I I I I I I I I I I I I I I I I T I TABLE OF COIITEIITS INTRODUCTION SUI{MARY PART ON8 - THE PLAN PART TWO - IIi{PACfS/TITIGATION PART THREB - APPENDICES A. GEOLOGIC ITAZARD UITIGATION REPORT B. DRAINAGE REPORT C. DECLARATION OF PROTECTIVE COVENANTS AND PTANNED DEVELOPI,IENT GUIDE FOR TIIE ELK }IEADOWS SUBDIVISTON LIST OF FIGURES: FIGURE I VICINITY MAP FIGURE 2 PROTOTYPICAL SITE PLAN FIGORE 3 PROTOTYPICAL SOUTH ELEVATION FIGURE 4 PROTOTYPICAL WEST ELEVATION FIGURE 5 PROTOTYPICAL EAST ELEVATION FIGURE 6 PROTOTYPICAL NORTH ELEVATION LOCATED IN REAR POCKET: FINAL PLAN ln = 30r UTILITY PLAN I" = 30 | rINAL LANDSCAPE PLAN PAGE 1 3 5 l2 23 I t6 l7 18 19 20 I I I I I I I I t T I I t t I I I t I INTRODUCTTON The purpose of this report is to presen! information regarding a development proposal for phase Three of The Va11ey, a portion of Parcel A, Lionsr Ridge Subdivision, Filing No. 2 (see Figure 1). Phase Three is currently zoned Special Developnent District and is designated within the Valley PUD as a ten unit development. The proposal being made at this time is to create a Final plat and subdivide Phase III in order to create seven singte family building envelopes, conmon open space, a comnon access driver Etrd utility and drainage easements. FIGURE I Vicinity I'lap srt EJE I I I t t I I t I I I I I I I I I I I fhe report is divided into the followlng sections: o Part One - The PIan - Describes the developnent proposal and existing conditions. o Part Two - Inpacts/l.litiqation - Contains evaluation of potential impacts resulting. frorn the proposal as presented and describes actions that can be taken to minimize any adverse effects resulting fron the proposed developnent. o Part Three - Appendices - Provides supplementary information. I I I I I I t t I t I T I I I I t I I SUIIMARY Lamar Capital Corporatlon proposes to develop a 3.6 acre parcel within the Town of Vall. The land is located witbin an area which has been previously subilivided and zoned for developnent and is known as The Valley. THE PLAN: The proposed development plan for the 3.5 acre parcel has been named Elk Meadows; the najor elements of the plan include: o Creation of building nenvelopesr allowing the construction of 7 single family residences. o The designation of connon open space. o Provision of a conmon access drive and common guest park ing. FINDINGS AND CONCLUSIONS: The site has previousJ.y been zoned to allow the construction of ten dwelling units. The applicantrs proposal to develop seven dwelling units will resul.t in no greater impact than would be experienced by the developnent of the ten unit development previously approved for tbe slte. T I I I I I I t T T T I I I t I I I I Potential negative impacts resulting fron developnent of the site as proposed are visual impacts and impacts aseociated with the location of the site within a rockfall hazard area. The rockfall hazard can be nitigated through following proper construction design neasures. Visual impacts can be nitigated by the adoption of site-specific design guidelines which wilL ensure architectural.. and visual continuity with regard to building design and rnaterials. Deslgn guidelines and a prototypical building design have been proposed by the property owner for this purpose. PART ONE - THE PLAN I I I I I T T T I T T "l I T T I I PART ONE - THE PLAN THE PROPOSAL: The Valley is a 6I .2 acre Planned Onit Developnent (pUD) located in Vail, Colorado. The pUD was given approval by the Eagle County Comrnissioners on April 25r 1973 and will consist of a total of 132 dwelling units. The project was divided into six phases with dwelling units allocated among each phase as follows: PITASE * DWELLING UNITS I 2 3 33 26 IO 413 5 g (Four Duplexes)642 To this date, approxinately 45 of the 132 allowable dwelling units have been constructed with 87 renaining to be, built. The unit types within the pUD that currently exist are a mix of townhouses and condoniniuns. Two of the four a1lowable duplex residences within phase 5 have received buildino permits but have not yet been constructed. The Valley lras annexed to the Town of \rail in 19g0 as a part of the overalL West Vail Annexation, subsequently de-annexed due to litigation and recently re-annexed to the Town of vail. Throughout the series of annexations the Town of vail bas recognized Tbe Valley pUD and the previous plan approvals granted by Eagle Corrnty. I t T I T T t I I I T I I I I I I I I lhe Tovn of VaiI has also reviewed a number of alternative developnent plans for various phases within The Valley PUD and has granted approvals of revisions to phases previously approved by Eagle County. The current proposal being nade by Lanar Capital Corporation, the owners of Phase Three' is the subdivision of the 3.6 acre parcel into seven building sites oE "envelopesi. Each envelope would allow construction of single family dwellings. therefore a total nunber of 7 dwelling units would be constructed upon the site. The envelopesl as well as conmon open space, utility and drainage easements, the common access driver srrd common parking areas are depicted on the Prelirninary PIan in the Appendix. The total Gross Residential Floor Area (GRFA) designated for Phase Three in The Valley PUD Agreement is 16r000 square feet. This will allow each dwelling unit within the project to be a maxinum of 2285 square feet. Building height wil] be governed by the Townrs Residential C1ust'er Zone District which allows a naxinum height of 33 feet. Setback and site coverage wiII be governed by the designated buildinq envelopes. A two foot building setback will be required from the east and west building envelope perimeter line and a three foot building setback will be reguired fron the I I I I I I I I I I I I I I I I I I I north bullding envelope perineter line. Access to the site is off of Lionrs Ridge Loop via a 22. wide common access drive. This road ie currently under construction and was given approval previously by Eagle County. Construction of the road is scheduled to be completed this Sunmer. The owner of the property has chosen to create the building envelopes rather than construct one single ten unlt developnent for various reasons: o The creation of the building sites allows the development of the parcel to be phased and at the same time provides an overall plan to guide the placenent of dwelling units, access, and comrnon open space within the parcel over tine. o The development of 7 individual free standing dwelling units will be more compatible with the adjacent developrnents than would one single structure containing ten dwelling units. o The creation of the building envelopes allows for a variation in residential product type in Vail . A purchaser will be able to enjoy amenities such as common open space, guest parking, and a comnon T t I I I T I I T T I I I I I I I I I accesa drlve whlch are typlcally found in a multiple family development and also enjoy the opportunity to construct his,/her own home much like the owner of a single farnily or duplex lot. EXISTING CONDIIION The Valley Phase Three property ie largely in its natural stater with the exceptlon of the accesa drive which is currently under construction. TOPOGRAPIIY: The topography of the site is varied, with the area imnediately adjacent to Llonrs Ridge Loop sloping to the southr then leveling out to form the valley floor in the center of the siter and, on the southerly portion of the valley floor, rising steeply towards the ridge top which separates The Valley from the Gore Valley below. VEGETATION: vegetation upon the site consists of grasses and aspen and pine trees. In generalr the flat portion of the site ls covered with grasses2 the south facing slope contalns a sparse growth of aspen trees, and the north facing slope is heavily covered eith both pine and aspen. I I t I T T I t T T I I I I I I I I I WILDLIFE: The Colorado Departnent of Natural Reaourcea and the Dlvlsion of Gane, Fish, and Parks reviewed the origlnal plans for The Valley PUD with regard to wlldllfe in the area. They lndicated that, hietorically, there has been no evidence of deer or elk wintering in the area of The Valley and that no migration patterns would be disrupted. They did identify that, a few deer spend the sumner months in the area and, in fact, the deer are continuing to spend summer In and around The Valley area. GEOLOGY: The topography of The Valley is controlled closely by the underlying bedrock geology. Lionrs Ridge is a scarp and dip slope forned by a sandstone formation. The bedrock dips about 40 degrees toward the north and the north slope of the ridge is forned on its dip slope. The north side of The Valley is a scarp slope of sinilarly dipping beds. The Valleyl as weII as the main Gore Valley has been glaciated. The subsoils in the area are quite varied and have previously been investigated by observing road cuts and digging test pits. Chen and Associates, Inc. report that the subsoils consist in general of a topsoil layer of organic sandy clay6 to clayey sands overlying mediun stiff sandy clay with gravel to loose to medium dense clayey to gravelly sands. They indicated that the soil does not possess a swell potential but will settle noderately under I I t I I I I I I I I I I I I I t I I Ioading. IIAZARD AREAST Ae indlcated by the Town of Vail nockfall Study the slte ie located wlthin a high severlty rock fall area. According to Town of Vall Hazard llaps no other identifled natural hazards exlet upon the eite. IO I I I I I I I I I I t I t I I I I I I PART TWO - TMPACTS/MITTGATION T I I I I T I I I I I I I I I I I I I PART T}IO - IIITPACTS/I,IITIGATION This section of the report discusses potential inpacts that will result frorn developnent of Phase Three of The valley and the specific actions which can be taken to nininize those impacts. : Due to the fact that the developnent of Phase Three will renain basically the sane as the original Phase Three in terms of developnent intensity (7 dwelling units), there will be no change in terns of the traffic inpactr population increaser or social impacts. BIOTIC IMPACTS: Negative inpacts upon the vegetative character of the site can be expected to be the reduction of and disturbance of natural vegetation in the vicinity of the access roadl utility easementsr and building sites. Since these features are confined to that portion of the site inmediateJ.y adjacent to the Lionrs Ridge Loop the disturbance should be minimal . Beneficial inpacts of the proposed developnent can be an upgrading of the siters vegetation through proper vegetative and landscape maintenance and reveqetation. 1l I t I I T T I t I I T I I t T T I I I Inpacts to the ulldllfe tnhablting the area will be ml.nlmal. es ldentlfted by the State of Colorador there is and has been no evidence of deer or elk wintering in the area and the overall amount of open space ln and around The Valley enables the sunner population of deer to remaln undisturbed. GEOLOGIC EAZARDSc A study of the rockfall hazard which affects the site has been conpleted by Banner Associates and recommendations regarding the appropriate neasures for mltigatlon of the rock fall hazard have been nade. Thelr reports are included within the Appendlces of this report. fn generalr the engineers believe that rockfall into the site wlll be very lnfrequent over the years, but that mitigation is prudent. D.BSLWI A study of site drainage has been conpleted by Banner Associates and reconmendations regardlng the appropriate tneaaures to provide adeguate drainage have been made. Their report can be found in the Appendicee of this report. In general , typical site engineering lncludlng placernent of culverts at the appropriate locations and proper site grading will adeguately handle storm lrater runoff. L2 I I t I I I I I T I T T T I I T I I t water and sewer llnes to serve the proJect are currently ln place and Upper Eagle Valley lfater and Sanitation Dletrlct has lndlcated their abillty to aerve the developnent. No unusual inpacts will result from the development. A proposed utillty plan for the Subdivision ls shovn in the Appendix. VISUAL II{PACTS: In terne of the vlsual inpact of the proposed developnentr viewe lnto the property from the adjacent roadway and adJacent development sites will be the prinary interest. The site plan has taken this into account and individual building sites are situated in a rnanner that preserves the maJority of the site as .'pen space. The location of the building sites adjacent to Lionrs Ridge Loop preserves both the lower open meadow portion of the site as well as the heavity vegetated north facing slope of The Valley. of major concern will be the vlsual continuity for the buildings themselves. Since buildings will be constructed at different tines by different owners it will be extremely important that the. visual continuity of the developnent be eatablished prlor to constructlon and that controls be put lnto place that ensure that the project will be developed in a architecturally compa'; .r:le style and with conpatlble building materials. 13 I I I I I I I I I I I I I I I T I To acconplish thls goal2 the owner has developed a prototyplcal buildlng deslgn as well aa specific design guidelines for the slte. The ownerrs intent is that these guidelines be adopted as a conditlon of approval and that they be utillzed along with the Town of Vail Design Review Guidelines to provlde the necesaary vieual continuity neceasary to provlde both exlsting and future residente of The valley with a pleasing visual experlence. A Honeownerrs Aseociation will be forned and, along with the Town of Vailr will be responslble for enforcing theEe Design Guidelines. a copy of the Declaration of Protectlve Covenants for the Subdivision are contained wlthln the Appendlces of this Report. The prototyplcal building site plan and building elevatlons are shown in Figures 2-6. The Design Guidelines are proposed to be as follows: 1. noof pitch shall be between 4 feet in 12 feet and 5 feeE in 12 feet. 2. Roof material ehall be netal standing seam or a netal stanped California tile forn and be either charcoal gray or dark navy blue ln color. 3. Siding naterial shall be either cedar or redwood and shall be applied horizontally as indicated on the prototypical building elevatlons. Only light colored st.ain shall be applied to siding.I I L4 I I I I t I I T I I t I I I I I t I t 5. 5. {.Elther stucco or alding shall be applled to exposed concrete foundation walls. If stucco ie utilized lt shall be light in color. AII wlndows shall be white metal clad windows. AII roofs shall have overhangs of at least I foot in order to protect walls and wall openlngs fron raln and snow and to contribute to the buildingre character. Proper inplementation of these guidelinesl in additlon to the Town of VaiI Design Revlen Process can provlde the revlew and control to nitigate any negative visual lmpacts which mlght result. 15 N 7rZy&'€- \,",r.-# I Nac'A'-l{'yl N# tr'?/w f 2.b'@' N7,/6'6'€_ 51.47' i.' l=.- jj. .,.'::.;j-i,. i 1..-':.,,t./, J ; \-. ,... ..: ..vl : ot'02'e eL2' ,d K, 11{E Rlffi 6t \rttL '/'O &to g ' : r'''r '-:'- :l'r":':1:'.-i ': \ .,J |' v 1-,'l_ ;:'ri i!- i.F, r. i.'-, :'I :i;...t sr.?' t -{\,'. :-- . \4 *-:!Y9 -*/' -6" ^Bf'frF ''/- -,-o;- 11r*f.gt \ R-.*t'"*'*14' w5=I twKbg fr.<Ol) ['.l \ "l I I /2 r/'* #F /+ f N 61';r' ' E - -. -- ?E f --'r4f'PirAgE g, TRI'C]' D .a I ./ t'- l 1'' \_l I l-. t 1i5.c3. 6d$,.e..2 4.tt' J*fJ:F * H TfillryP*:'-LfJ'),ardi,;-<;494 1r.t' e, ,* q..fi L . Hol.fr, ed_ V (o a rr, ro rl. ct ct U' g, |1ro 5E tno o :J =cc "to J ^o t()E H3 U'Z 6A IIJ CL &u, 8 (/ro E= UJ 2E 6e fr\\ 9E =(o F JX ?o 2co 8o --d zm o..Z =u,8? (, lll zu E5 ul lll zc) 9$ uJ o o E,o o J ]U l,iarch 20, 'l 980 Parnel a Hopki ns c/o Snowden & Hopkins P.0. tiox I 998 Vail, C0 81657 RE: The Valley, Phase IiI - Sketch Plan Uear luls Hopkins: I have compieted ny reviel of your submitled sketch p1an. As you are aware, the Lions Ridge llater District is p1 anning to undertake various improvemerrts on the water system in the upcoming months and years. These improvements include; l. A new water storage tank. 2. Line improvements to serve "The Val1ey" by gravity from the tank. 3. Looping a line from "The Valley" to the lower Lions Ridge Loop. 4. Certain valves, pressure reducing va1ves and metering equipment to tie the above improvements together. These'improvements will help a'l I of the District, yet certain ones will spec'i fica'l 1y upgrade "The Valley" area. Therefore, urhile the r.tistrict will be undertaking a certain portion of the costs, it was felt the developers in "The Valley" and at other locations shou'ld contribute an equitable amount on the inprovements. The exact amount to be contributeci by each concerned party has not yet been detennined. tsut it is the intent of the District to have all involved part'ies pay a fair share. tsy looking at the future fire storage requ'irements,fire flor,r demand, 'l ine lengths, domestic storage requirements, it'i s pianned to come up with an equitable cost for the developers and the affected Water Uistricts. o Pamel a l{opki ns Page Two March 20, .l980 Concerning these matters, there'is the possibiiity that there will be another water line run-down the easement paral'l el to the existing 6" line. This shoujdn't effect your project, yet I want you to be - aware of this possibility. A1so, your preliminary final design neerjs to incorporate tlo fire hydrants into it. These hydrants should be placed in front of the west and east buildings. This concludes my comments at this time.just give me a call. Yours truly, If you have any questions, Gn^ At ur):d uutr, P. E.0 xc: Ed Drager Jira Col i ins Jim i3ai1ey, lon bonl./ box lfl! vail, colorado 81657 (303t 47ffi613 department of community development TO: FROM: DATE: RE: MEMOMNDUI'I EAGLE COUNTY PLANNING COI4MISSION TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT-PETER PATTEN Apri'l 16, 1980 FILE N0. Su-I14-80-54, The Valley Parcel III Sketch P'lan Review of l0 Townhouse Units The Town of Vail Department of Cormunity Development has reviewed the proposed layout of l0 townhouses on this parcel . l^le have been in contact with the architect and feel that we can work with them to improve the site design. A more clustered, tjghter layout of the bui lUings located more toward the hillside on the southeast would be preferab'l e and allow for a more creatjve site design. It is a djfficult parcel due to the sensitivity of the meadow area and the steep hi1ls'ide. Since the units to the west in Phase 6 will be located jn the meadow, it might be more desirab'le to leave as much of the meadow on this site open so that it is not developed from one end of the valley to the other. l,le are more than willing to work further with the developer and the architect in arriving at a mutually satisfiable solution for the l0 units on this parcel . Peter Patten PI anner 1-\ --p^r-ta-ry a---) Dick f,yan D'i rector EAGLE COUNTY Community Development P.0. Box '179 EAGLE, COLORADO 81631 TELEPHONE 303/328-731I BOAFD OF COUNTY coMMtSstoNERS Ext 241 ADMINISTRATION Ext 241 ANIMAL SHELTER s49-4292 ASSESSO R Ext 202 BUILDING IN INSPECTI O N Ext 226 or 229 CLER K & RECO RDER Ext 217 COUNTY ATTORNEY Ext 242 ENGINEER Ext 236 ENVI RONMENTAL H EA LTH Ext 238 EXT EN5IO N AGENT Ext 247 LIBRARY Ext 255 PUBLIC HEALTH Eagle Ext 252 Vail 476-5a44 PLANN ING Ext 226 or 229 PU RCHASI NG/ PERSONNEL Ext 245 ROAD & BR IDGE Exl 257 SHERIFF Eagle Ext 2l I Basalt 927 -3244 cilman 82 7-5 7 51 SOCIAL SERVICES 328-6328 TREASURER Ext 20 | May 5, 1980 Snowden and Hopkins 20.l Gore Creek Drive P.0. Box .|998 Vail, Colorado 81 657 ' Re: File No. Su-ll4-80-S-4 The Valley Phase III At their hearing of April 30, the Board of County Commissioners continued your sketch plan at the request of the applicant. If you have any questions, please contact this office. Respectful 1y yours, 4Zor.ra-ol Pr,,; Thomas Boni Assistant D'irector of P'lanning TB/Jh cc: Board of County Commissioners EAGLE COUNTY Conmun'i ty Devel opment P.0. Box .|79 EAGLE, COLORADO 8Tffi1 TELEPHONE 303/328-73 | t BOARD OF COUNTY coMMtsStoNERs Ext 241 AOMINISTRATION Ext 241 ANIMAL SHELTER 949-4292 ASSESSO R Ext 2O2 BUILOING IN I NSPECTIO N Exl 226 ot 229 CLERK & RECORDER Ext 2l7 COUNTY ATTORNEY ExI 242 ENGINEER Ext 236 ENVIRONMENTAL H EA LTH Ext 238 EXTE N S ION AGENT Exl 247 LIBRARY Ext 255 PUBLIC HEALTH Eagle Ext 252 Vail 476-5844 PLAN N I NG ExI 226 or 229 PURCHASING/ PERSONNEL Ext 245 ROAD & ARIOGE Exl 257 SHERI FF Eagle Ext 2l I Baszlt 927-3244 Gilman 827-575 | SOCIAL SERVICES 328-6328 TREASURER Ext 201 Apri'l 18, 1980 Snowden and Hopkins 20] Gore Creek Drive P.0. Box .|998 Vajl, Colorado 81657 Rer File No. Su-l'14-80-S-4 The Va11eY i ' At their meeting of Apri'l 16, the Planning Comriission reviewed your sketch plan and recommended that the units be tucked into the hillside on the North/Eastern side of the project. Also, berming and heavy land- scaping should be used. Your sketch plan wil'l be reviewed by the Board of County Commissioners on April 30, .|980. If you have any questions, please contact this office. Respectfully yours, ,1'a/o,*oot ,&en-i/-'r'/ Thomas Boni Assi stant Director of Plann'ing TB/J h cc: Board of County Commissioners RiCEIViD APR r ' iJ80 0cpt. ct F:;:;iri l & Devel' Eagle, Ccur'tY. Colo' lnter- Mountain Eng'ineeri ng rrc April 14, 1980 Mr. Terrill Knight Eagle County Department of Planning and Developrnent Box 179 Eagle, Colorado 81631 Rea Your File No. Su-114-80-S-4, Snowden & Hopkins The Val1ey - Phase III Dear Mr. Knight: We represent the Upper Eagle Valley Sanitation District, which supplies sanitary sewer service to the above referenced property. It is our understanding the this development hrill consist of ten tovrnhouses units. The development appears to front an existing main, so no problems in serving the property are anticipated, provid.ing that this main is adequate. In view of the large numher of units which are now seekingf service from this main, we are presently making an evaluation concerning its capacity. The District presently has excess capacity in its r^raste\,/ater treat- ment pl.ant and has begun construction on an expansion tt.at will more than double its present size. Accordingly, upon palrment of proper tap fees and compliance with the Districtts rules and regulations, the District can and will provide service to this property. Very truly yours, UPPER EAGLE VALLEY SANITATION DISTRTCT A$^f /t^ hp-"'l ,JMS:cjn ' cc: John Anato ilim Collins Jim Baitey BOX NO. C-100 AVON, CO 81620 949-5072 DENVER 893-1531 INTER-MOUNTAIN ENGINEERING, LTD. Engineers for the District lTef f ery M. Spanel Vice President 1420 VANCE STFEET LAKEWOOD, CO 80215 Phone: 232-0158 C0L0RA00 DEPART|'IEilT OF HEAtTtl 12IO EAST IIrH AVENIJE . DENVER,COLORADO 802?0 . PHONE 320-8333 Frank Traylor, M.D., Executive Director DATE: March 26, L1BO SUBJECT: NON-STATE ASSISTAT\ICE REVIEW A}TD COMMENTS TO: Terrill Knight Eagie County Planning . P.O. Box 179 Eagle, CO 81631 coMl[ENTs! (Due Apri-l 15, 1980) water euality contrql: The water Qua1itycontro1Divisionhasnocomme@rsupp1yor sewage disposal systems. we would remind the appiicant of trre nled to obtain a 404 Permit from the u.s. Army corps of-engineers prior to en-larging the dam or initiating any other construction activities within the channel of Buffer Creek. PROJECT TITLE: The STATE IDENTIFIER: Valley - Phase III, FiIe #Su-114-80-S-4 N/A ame strator SOC-3, Jan 79 -iiirlft o .Dlo "1" I @>l(t tc I tl o tr, t@ t:o to N ld tq t.D ts,I to t.) Lo tl cc In tF tc t30 o ln l. lf! Io -nv-vcl=loldln dl.D Ic'.. I :o {cD^o o lo lo l.)l! loo. d o l? .. - l-'l (! d ic)d .i 13 * lO =.r oo IlD 5 l|D .r l3 --r 4 o I- :r .'k -..t -. .. llJ lD 4 lr.k o, orf l- vr 'Er lo.tr. - J la lo a o o, I lJ o! d !f.:> od -i .. r! ler o - -.= 4.J -t lvr =r.o lo .D lD+C - !. at < Il' .r< o .| o,.t o lo o 'r-.= l.r oJ. o, 3 <o I.D ataota J@o 5 ro .oo>.rc -rrd. -n -o f o f J. O 15 l|': J.I r.r\)@ 'r r, J .i r^o !< o, ta- J.!-ol+ J!o t !r.|c -.r O < ^.i o lJ.-+ro @ "t< n or i =o 5 =- lD co.orD a 1 -3<vO k(' t .DiD. J . O o 5< - .+.t <16 .D. 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Ja). o :r o |6 .)=.t =l o3lD1t vl a = .+6 .D .r o .. J. f\, J- rD =l 5CC 6 0 ',lD:t6 o 3. rro .t or 't { ..!: i J I "ro (o (. (n --{o o5_tB- .| o,o; 3=r5--l r 3"rEr + d3\< l|, t+ trD llo l6' 1 3t F.: lo lo =* r_ .E €- <1 tvl lr,ti IlD lr) -A = ).>'g lQ :E i - d 6 tt iDdd@r|E Io o lf o rD o ndo lo-rD oioo lo .ro,orD4Jid ro o. tO o o o >r o l:t 3e -:-^3 d :dT -- g crl! r -o J lD FIF i.'o .r<€ -.-o EJ > rD.Do t d< oo i o* u-' 3 tt/|li l-h ar.Do.orlro o o-.| .D l.D 3 ?q; E: IE o-o o a u lrD d .D .) 5 d o lo ' 3.a ld 6 ca6J lr 5 J. .roJ lo t JrD lD - + € -.- o F : : - -=; =E=o6=i5- =ao d f E -..i*n o l!o3 4 A"A orrDo l-Ei;6; q.r = t|D t"l- It t? l- l"-tlt J6 l3 E t P PP lt l@ It le, l.t Lo | -{! lf, l<ln lo lo I 11 I@ I irt lo l.t to tc ..13 ta t-16 66 lf Jo( o --.1 J lcr O'4'o +t r'l.,.trJ.3 l.' r, c1 0. -l r, 4 lr ou5 lO O c.+lD o ol tJ oJo €'!r. 5.r5 <t < l! JJ. !,u +at€JO J aD :J056q, A'3 3 E :''. I "3 J.(D'r'O 1 o. 50 --.{ o o J:l:t 5 = c' Fo.Eo - -rt B 'e=-- -. r.€ @ o .D(o ro :o -ar ro o(1 - r -r o c'rD rD o|-d-.-{,o g o60 : d'3 t r O o, -iN O r 5 +o - o 1.D @ 1do'?. *o 1J lD = oo o "g R* NE E - 1 o RICHARD D. LAMM GovERNoR p,trnr"t r.-*- | "l ,1'' . i:'i0 Depl. .; . .. -. JOHN W. ROLD t4fl& erntt Col"e'",. Dir.ctor COTORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE (303) 839-2611 Apri'l 4, 1980 t.|e have reviewed the sketch plan for the proposed rhe valley-phase III subdivision. The prelim'i.nary subsoil and geologic 'investigltion prepared by chen and Associates addresses in generai the-geologic c6nditioirs inat may affect the site. These conditions include compaciing and low-bearing strength soils. l,le recommend that a soils and foundation investigation - and a grading and drainage plan be prepared and submitted with th6 prelimi- nary plat. Mr. Terrill Knight Eagle County Department of Planning and Development Box 179 Eagle, Colorado 8l 631 Dear Mr. Knight: CLJ/gp cc: LUC RE: THE VALLEY - PHASE III EAGLE COUNTY Sincerely, /d;,*/!"^ Candace L. Jochim Engineering Geologist GEOLOGY SToRY oF THE PAST. . . KEY To THE FUTURE RICHARO D. LAMM Gov6rnor J. A, DANIELSON State Engineer DIVISION OF WATER RESOURCES Departmenl ot Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 639-3581 Ground Water (303) 83!)-3587 April 2, 1980 BE-, €Sli; r:rlu !tm' 8i ilJ,r r;,is^ a D; :r: bgh, Oounty, coto. Mr. Terrlll Knlght, Dlrector Eagle County Department of Planning & Development P. O. Box 179 Eagle, CO 81631 Re: The Valley Phase III File No. Su-ll4-80-5-4 Dear Mr. Knlght: This is to acknowledge receipt of prellminary plan materlal for the above referenoed subdivlsion. The Lion's Rtdge Water Dlstrict has been designated as the source of water and a letter of commltment for servlce has been submitted. Informatlon available in our flles indicates that the Dlstrict has sufflcient water available to serve this development and we reconrmend approval ofThe Valley, Phase III. Very truly yours, loa.b Hal D. Simpson, Chlef Water Management Branch HDS/GDV:mvf cc: Lee Enewold, Dlv. Eng. Land Use Comm. One Park Central P. O.8ox 84O llarch 2O, 198O Eagle County Departrnent of planning Box I79 8agle, CoLorailo 8L63L and DeveloErnent Re: Prelirninary Plot Plans #su-114-80-s-4 #su-122-80-P Gentlemen: we have exanined the above referenced plot p!.ans and find that at this time Western has no facilities on the land to be plotted. Pl-ease note that we are a transmiss ion utirity and our approval- does not reflect our ability to setve subject subdivisions. Very truly yours , WESTERN SIOPE GAS @MPANY 4*-{ g{t'-/ Iaura L. Rodgers Associate Right-of-Way Agent I,LR:pIf RECEIVED irlAR 24 i980 - tsls Aropohoe street Doel.ll.'il;1,1t"1"]" Denver Colorodo 8O2Ol (3O3) 534-1261 DEPARTMENT AF PLANNING E DEVELOPMENT Box 779 EAGLE. COLOFADO 81631 EAGI.E COUN'fY EOARD OF COUNTY coMMtsSroNERs 328.6809 a^o^rqrN rsTRATro N J40-OO/.+ ANIMAL SHELTER 949-4292 ASSESS0 R 328.5593 EUILDING INSPECTION 328-6339 CLERK & RECORDER Eaqle 328-6377 Baaalt 927-3244 CO U NTY ATTO R N EY 328-6674 ENGINEER 328-6337 ENVIRONMENTAL HEALTH 328-7 7 | I EXTE N5I ON AGENT 328-6370 LIBRARY 328-7 7 87 PUBLIC HEALTH Eaqle 328-6594 Yail 47 6-5a44 PLANNING 3?8-6338 ROAD & SRIDGE 328-6591 SHERIFF Eaqle 328-661 I aaialt 927 -3244 cilman 827-5751 soc IAL 5ERVICES 328-6328 TREASURER 324-6376 328-7 37L March .l2 , 'l 980 RE: File No. Su-ll4-80-5-4 APPLICANT: Snowden and Hopkins 20.| Gore Creek Drive P.0. Box .|998 Vai I , Co'l orado 8'l 657 EncTosed herewith is a copg of an appTication and plan submitted to xhe EagTe Countg PTanning Commission for review and recommendation at their reguTat meeting on April 16, .|980 rn accord.ance with C.R.S. 705-2-9, 706-2-33 and f06-2-34 ' 7963, as amended and EagTe Countg Subdivision ReguTations ' Section 3.05 and 3.07, as amended effective 7 August 7976 'gou are required to receive the p7an, and goa have 35 dags from date maiLed within which to respond ot the plan wi77 be deemed to have been approved bg gout agencg' The Planning: Cornission wouLd sincerelg appteciate gour conrnents and tecommendations a few dags ptior to the meeting date. If gou desire additional- infotmation or t,ime, pTease advise this office in wrixing' Thank Vou verg nuch, .----r-./.'-;4 TerriTT Knight Ditectot clRTlrlc,\'rE c\F iiEtlln-\ L erjie ccunry, coror:ldo Planning comm.jsion rit. s"'- f , - tl/' 9O dt' y' Certiiicrlion is hercbv m{de lhll ! copv ol ri lppticxtron submirt'-'.i lqd qit'!n llo xbove Cortiti€r's Signrt!.e : \ itl Aoolica:io^s r.fered to: tr'l 1. colo,sco Geological Survey t /t' 2. Calo. Oepartment of Health {col;calions rn Eagle-8rush Creek to Edrards: 1. Town of E39le 2. Eagle Sanitaiio^ Oist.ict 3. Coro.ado O;vision ol Y!'ildltfe 4. U.S. Foresi Service 5. Eagle Valley Telephone Co. 6. Rocky Mt^. Natural Gas 7. Schocl Oistri:t RE50J y' ,. aot.rooo stere Ensineer t'.'- 5. gsgle County Engineer l/' 6. HolY Cross Ele'ctric Ass'n ;' G.'E.ado l1l4: . nZ- a. U,S. Soil coaserwation servic6 t"t-s. U-S. Bureau ot Land Mahagement --.-.?- l/- a. Ergle County S3.iia.iJn 1- Town of 3asalt 2. Ptanning Regre3entaiive 3. Sciool Oistrict REIJ 4. Bssalt Water Consv. Dist. 5. Sasart Rurat F-rre Dist. 10- Coto.ado River V'/aie. Consv. DisL- 't1. Civ. of Weter Aasources s.AFol ications ingasalt Area: 5- Basal! w"te. "rld sanitation Cist. 7. Colorad5 Oivisio; of Wildliie 8: U -S. Fcr63t Service C.a.orications in Uopet Eagle Valley: 1. Tow:r oi lvlintum -t 2. 9. 10. r2. To\ ,n of REd Clift Ugpe. =3gle Valley Se . Oist. Eagle-Vail Meiro Oisttict Other Dist. (.o/ts at present time) Schccl Di3tricl 3=:CJ cororads 0ivisioh cf wildlale U.S . Fo.e3t Service Mtn, Sell T6leohon. co. Public Servica Co. of Colo. ..--,,2;4-/:.-* - - a/^, '-a: ! i; Ccre V?lley - Vail Area: - . Wesre.n SloPe Gas tonnotVoil:=:'/ Va;l Viltage West Wate. & San. ---------Jf . i4t. Soprir Soil Conservation C.A.otications in Gypsum Area: 1- Town of GYPsum 2. Eagle CountY Ai.Port AuthorilY 3. Cotoradc Oivision ot wilciiila 4. U -5. Forest Saryice 5. Ee?le ValJeY Teiepilo.e co' 5- aocly Mtn- Natural Gas ?. S.a.ol Dist.ic: 'qE50J :. GYtsrm :'a.iirrrrn !-irt:ict c -==Er-_::-=-f ii.Jcior3l" rirz-:r ^r.3: 9. Mou.tain EellTelechone Co. 10. Rocky l"1tn. Nalural Gas 1. S,:r-cot Cistrict R-50J 2. Sci'cc; Ditari..:t i; I .r. US FDrcat Sc.v,c: (t"lid:!r.) 5. Eetle Valj.7 tcleniroic Co. 6. Yatr'pa v.:l le / ebcltic l.Ol|:r Ai.ncies (wh4re ._Pp.cPriaic) --. 1. Ccla.r.5 C.Fr. ct l-liShe,ays I y' Z. Cuto. gi:teFo.ort S.:^/i,:o .- v/o. LionsRicsewaier -/r;/ er;A Prr' ..," 5' Yaii-vifiEf€-w.E5FFi€ 6. Vail l.te.moJntain Waier 7. Vait S.Jtitation Oist. v.-'67 s.a"ol oisttict R=:OJ ' 9. Colorado Oivision oi Wildlife .------=? l/- to. v.s. Forest Service -r-nr. Mtn. a€tr ieteohon€ co. -t7-'n. Pubt,c Se.vice co. oi Coto. ---Vrl. uF.er Eagi€ vailey san. P-""-t +h'tAry ' P€' EAGI.E COI.'B{TY Community Development P. 0. Box 179 EAGLE, COLORADO 81631 TELEPHONE 303/328-73t I EOARO OF COUNTY coMMtSstoNERs Ext 241 AOMINISTRATION Ext 241 o 12 l4arch 1980 ANIMAL SHELTER 949-4292 AS5ES50 R ExI 2O2 BUILOING IN I NSPECT ION Ext 226 or 229 CLERK & RECORDER Ext 2l 7 COUNTY ATTORNEY Ext 242 ENGINEER Ext 236 Snowden and Hopkins 201 Gore Creek Drive P. 0. Box 1998 Vail , Co'lorado 81657 At the Development Review Team lleeting on the following corments were made on your Show parking @ 2.5 spaces per unit. Slope of the entrance off Lion's Ridge 1.1 March 1980, sketch plan: Loop Road. ENVIRONMENTAL HEALTH Extz38 General concept is 0'kay. i6lf;,Tt'"* If you have any questionso please contact this office. Exl 247 LIBRARY Ext 255 / " ,/''-// / ; -/./'t /--/.-o',""-,'-a-t )(;z'=><'-z/ Thomas Boni Assistant Director of Planning TB/kp PUBLIC HEALTH Eagle Ext 252 Vail 476-5844 PLANN ING Ext 226 ot 229 PURCHASING/ PERSONNEL Ext 245 ROAD & BRIDGE Ext 257 SHERIFF Eagle Ext 2l I Basalt 927-3244 Gilman 82 7-5 75 1 SOCIAL SERVICES 328.5328 TREASURER Ext 201 .!' J. ULTI z;.i. I t (r:i r. -': ,ri; ,),1; Ve.\L, ,l \.-a, l- \J \-, / COI.JS NG EX-GITJEE;fS r" :- c. a. -.)fut> i,i-l 50ll t loul;Dtr;loli : iliGtliitRlllc. 2600 WiST 2ni AYEIiUE, SUITF 7 t924 EAST flRST - o. . . DENYER, COTOFADO CASPER, WYO,"1lNG 82601 60219 'o 3$l9ss-4697 3071231-2126 '" " ' VAIL. C0L0RAD0 "' '1''' ;'. .' . c/o Hr. Cab Chi ldrcss ' . 225 Enrerson Strcet ' Denver, Co'l orado 8OZ l8 Hay l!, 1972 PROi,OSED DEVE LOP}i: .\'EG'TATION .-" 2 SUBSOIL CONDITIONS FlG. l- LoCATrol{ 0F TEST etTS LOCS OF EXPLORATORY TEST PITS . : ..: ".' -CONSOLIDATI0N TEST RESULTS ', : .' .. ": o coiicLUs to,is -o for sprcpd focting tyPe foundat ions. . - Thc arca is sui table for the proposed deve'l opmen t' - llo" '. 'major gcolo$lc problems wcre obscrvcd, The subsoi I -' 'conditions are.qui te. varied buE ere genere! l'; sui tabl e . This report presents the results of b preliminary subsoil and geoiogic ., , '. tnvestigatlol .fol'l/0 acres west of !allr'.Colorado vrhich are proposed for . develop,rent as the Lion,s Rldge Venture. The rcport Presents the gerieral' : i.:. type units.' Tie low density areas are proposed in the valley'area and the I bench' on the south Portion'of . ttighdr denjlty areas are ProPosed. for the flat .', . . the properry. Soru^bui ldings up to l2-stor.i es high may. be cons idered in this .; area. Roads-'wlI I be.'requi red for'access to the various portions of the site'' I -l 'l A ]ow dam now.cxists ai: .the \{es t cnd of the val |ey and has creaied a ' increase'this pond to 2 to J tinres its present ' smal I pond. lt. is ProPosed. to S ITE COND I T IONS ihe 's i te \''a s vacant. One road had At the tim'e of been r,rade part i{ay. into ihe south Port'ion.of the proPer.ty add' tlre rcma i ndef -o o . -- t -.:-^ .rrf\ra\tl'd of ..!he acces-> roe-i9 Here bcing s.urve)'ed' .'..: .. qen5ists of.a relative.ly flat terroce. ']n..9round surfacc :n:" t:t"t ' ' obrup'. l.y.to the- pro'nincnt.Lionrs' Ridge' a narror ' "t '' : ^Lhe property' North of the ridge i's a val ley; ' There is n9'stream '." t tr r ou -ohou i , .r'orving in thls valley at the Present tine. Thls Valrey jo]ns. Buffer f,1eek' the valleY the ground surface' .a f low,l n9 streamr' on tlre west' Northr*a'rd fror .':" " rlr"j on " .r."uo slope '"o a high 'i jg-e iuyoni the north ptop"'ttl'bo'un'darl:' 'i :..-...:,-.....;onSistsofgrass,sagebrushjwillotv,.evergreen.: - . Vp.pration on the siie conslsts or grd)), ' . : '!yvr - t '. .: .L ..^e hrrrq,h an(': ' ' ihe'f'lat portion is'covered with sage brush and and asPen t.rces' - ln general' --'^r '-''i +k hrrr<h and orass ' The "' '-, '--.." ,--,^^ ."lo.,es "r" 'o"t'"\y vegetated with brush and grass'' In"the south facln9 s ruPt> o' ! Jrvr ItL',l Lrr I '., '-' ' ' ' '."' -- --r'.,, l !ar.r rrpes occur in the meadow areas of the .: .rlOW tfees OCCUr. In Lne lirtovvYt - . ' lsolated cl rtnps of aspen ano \t'l | . : .:.r;orthfacIngslopeofLIon..sRidgdi.sheavi).ytirnbe'redwii'hevergrecns. ,','. .,:-: ..-'-.. i.,, :.: GEOLOGY; .-' .i . . Th""topog'r"priy of the site'is"conlrolled closely by the un ' under lY ing bedrock dip slope formed by a sandstone formation quology. Lion.'s Rldge is a scarp and - oer . licige is r Format ion ' The vrhich is 'uen'.ative ty ideniiT'ied as a nrenrber of the l{aroot bediock dips eboui A0 dcgrees torvard the north and the north sloPe of the side of the valley is'a scarp slope s formed oa its diP iio2e' The north l'.of ,imilarly dipping beds. This valley.as we-l I as the rnain Gore creek valley.' has bcen glaciatid. Botlr valleys show terrace forned from 9l aci al dcposi.ts. The orea' sou 'as becn crodcd' s ! nce dcPos i tion and.scvcral 56131| svral es occur '.This terrace has teep'or icarp slope of Llonts Rldgc'' tn lt.' iiorth of thi s 'val I ey I s tlrc s [ecP er >rur P ' Lai'ge blocks'of. sanCs'.ono hrvc fol lcn f rcn the expc:eC cutcrcps of thi '. f I dg". This ridge ri ge rises to Br\$\.feet, approximately 450 fee'r' olrovc the .' ',' ;.r l-he r i doe has bottr bcdrock outcrops and aveicrae terrace level . The top bf the ridge has . ir r '"' tc The north slope bf Llonrs Alctge: ts essential ly unconsot rcaied glacial dcposits' The north slo; : . | --:'-'-. : . - a dip slope wiih a'shaltow covering of either col.)uvium or glacial depoqits'" ..:. " rr," velley nor,n or Lionrs Rldge contains deposits derived fron 91 acial .' '':. -Ihe velley nortn or Llon's '\rugc ""'f :- aciion anti beCrock .l s not u*po'"d' tiorth 'of ihe valley'isolaied. small out- ." ".- aciton ano DecrogK.r> rr9 |. e^Pvrev. , ^ -l - .: . L covered wi th . crops of bedrock occur.bui in gener.al '.'he steep slcpe is j :' ..colluviun.'El.u"iion of ihe valley ranges from-8'190 'to'8'352' The g round ..::" ----t^-^ +^ +r.o ^^rth risPs to iocroximately 818!0 feet on the north ProPerty '.'.'surface to the north rises. to aPPro >t l I ctr's \r., rr's . -a- - gran i te fine c'l ays to clayeY gravel. . .runs through the val lcY nor"h i. . Structural ly, ihere may bc a faul t which .. of Lionts p.idge. Thls -fault is probably asso-ciaied wi tlr the general mountain - .:- . bullding'of tlre Rocky i'ountoins. Seismicallyrr this is not an activc' area and '? . .- ' we do not bel i cve., the f aul t ls signi fi cant to the proposed. developmcni.' oo !,,o rnajor g"Jlogic ha:ardi vrere cbsci-ved. In gencral, the sloPcs ePPear 'to be guite,staS'l e ond.no aieas'of s.ubs i dcncc nor instabiiity were observed' The nain hazari s,,g e$5spv'ed and whi ch is of I imited extent, is the rock fal I thai occurs fro;r the rock outcrops.. -ln the area of the high density dcvelop- ment, several lai-g.e b'l c,cks were noted in.trvo areas and are' indicated.aS red f in"", For the most Part these possible. rock fal I areas on the'attached figure, For tn I ar-oe rocks wcre embeoCed into the soi I and app'ear not to be of . recent.origin. pne .irnal ler .are.a on .the north s icje of the ' rcick fai I area but s irni larly the detached 'c;.' belleve rock fall in the area can be easi vallcy also aPP'ears to be an old rocks 6re pari!allY buried. He )y conirolled by a system of.observa- t ion and scal i ng ivhen'potential ly unstable rocks 'are 'found; suBs0lL c0N9.rT l0Ns The subsoi I conditlons were investigated by observing road cuts and di99ing.l0 .test .pi ts in .the area p_roposed for dev'elopment. The subsoils arq, t'. , -quite varied'and consist in general .of a topsoll laycr of organic iandy clays ,i. I I ' to clayey sands overlylng medium stiff Sandy clay with gravdl to loose to ,. ' medlum dense clay.ey'to gravel ly sands. Two . und i s tu rb ed- samples taken from the test pits indicate'the soil.does.not Ptt:":: ":.t*:ll oottltt:t o': :.t" se ttl e modera tely under ioading. _ t'l,io f ree wEter was encouh''r'cred i1 any ofo ihe tes i p i ts ' upper soifs were very moisi and ihere may'be free water in but soine of the the rneadow areas . dvring ceriain tl.m;;'of. the year,. r - ,': '- . :'- : i FOU;{OATION TYPES .- a ln gencra.l , the'l;ros.t. s.uitabli type foundatlon for I ight itructures wlll bc'spread footlngs placed on the clays and sand below the uppef ',.opsol | . o P,axlmuir soi. I pressur"s urll I ringe f roir aSoui.lr0O0 to 4rC00 Psf . For heavier s truc'.(ricsr. spread footings placed on the lower more grirnulor sol ls ' -..will bc feasible.' J.'ior:e deiailcd lnvestigailons vrill be.required to providc'" t- l; '.. specific design criteria for these structures. ''. ' .,. The existing d.am.l ies in a constrlcted area of the val ley r'rherc.it joins . Buffer Creek. This constriciion is formed by bedrock on the south a-nd a : latera'l mcraine on the'nor cL 'tt appears feasible to. Increase the si:he s ize of r-t arr lrrwl qttt= ltrt tlrr trrrr \rt. . : ...-','..': .-" l.le assune that some siie'oradlnq will be-required both to PrePare bui'l ding ' ..- siies'and foi road cuts. Ue rctonmend that all cuts be kept to minimum depth, ' .: .. on thi ordcr of lO .to 15. feet. Cut slopes lnto the unconso'l idated soils should ,'. ,,. be no steepei than It-;1. ' Sloughing of the stecper'existing,cuts''wi ll occur. .t'' i. -'. Cut slop€s'lnto th.e hard bedrock may be steeper, up to vertical . Howtver, ,, . ".' s,oru rock falI can be expecied. tn general, rock cuts can be steeper on the '"r " :. south facing slopes because of the dip of the rock. The cut on the vrest end of 'i'., . the site will probably be in'unconsot rdateo gtacral solls for'the mbst part. .a'--" '. .Fill slopes shbuld be no:i"uf.l t.han lt:1. steePer slopes may be.possible ' but ttrey wil I be subject to ravel I irig and-vegetaii'on wi I I be very dif f lcul t ' to become re-establ ished.. /rciequaie p rov i s i on . s hou I d bri nrade for surface drainage and throuqh ihe road embanl,-nrent. studied on an -6-o t ADD IT IONAL IIi\,:ST IGAT IOIi Ue bel ieve'the present .investlgation was In suff'l clent detail tq proviau general information for nlgnning and prel iminary designs' We ..,u99.,tthat]furthcrinvestig.tion.l.,eacconrplishcdtolrovidgspecific des i gn cri teri a. i- lfthereareanyquesticnsorify,"canpr'bvld'eadd.itlonalinforrnation, ':' CHEN AND ASSOC tATtSr' tiiC' o oo c.| "r /,t o ,' o !t !tl o {t or ;t o q o 0 o I .t f a a \r') I rl I uor dengc' 'moist' b ror''n' l:T.l s.rnd (sc-cL). c.laycy- to clay'. sandy' nredi . Y:J 5o-,rc gravel-cobt''l e sizes' - t I :l-l.-c\r! La. S and and cobb I es. send (Srt), siltY,r;cci i unr dens e,s t, brotnrn, rvi th' gravel .rno I Grbvel (cc) ; .c t ayeY; rned i uai dtns e,mo i s t, b rown to re.d- brown t . - G rave I (ot), silty, .i Poinc of NOTES: ,- i: (t) -r"st pi ts dug liay 12, 1972 rvith a backhoe' I (Z) Location of test pi ts approximately to scal l €r rt. a3 (3) UC= water Contcnt (D " , .' oo=ory Dcns i tY (P"f) . -200=Perccnt Pass ing l!2oA s i eve _.-.---..-1 103.2 ecf 21.4 prrtrnt I_--T_' j_-i. il_i_i.i^__ ; -." _ | ! I i lii:;: I r":r'r''"'r'' | .. I i : :;ii: i ..,,.r-.r j1:,I .-i, -f -: :,,i;:.,---i-....,.-:..,-.-T:i !'Iiiil':'-.:,i;i'i l!l'it.ii:::.'..:::;I t'! : .i . i ': ; . i 0l---.\- r...i--i--i-.i =-i: i ..--.-'.., . .. :.-: i-,j-l i,il i_ .i.J iil iil !ij Ll l t_jj .r.c I -.rt | ( ill i i"j iti i-, 1-+iil : -:t--'1 iil Additional conpr pressure. due : to ii ll lr I r00 ' i : i r. ' i i .: -.. r .i -. .... -.. -.--..---:-... l.--'.;: ' !' r i ;.it:'i:.!:;;iil i.'.: ;r : -- - - i'' --':-.'-i-i;l : i i I .:''ll'l .i.'.o.' ;.. ._._.;._._;..-. L- t'a.ptr,5felt i I ' i,'i!l ..-.1. r" i.,--...- ... ' ---:.^.--r-.'t: ..:.,1:.1.!-..-..* . '-.r .'rr :f.r r 106.7 .l ,.1 "'' ,--.;1,rr,: - 2O'9 'l 'l':':''-----',-,-'- i --T- '!.! | I I i:ii : I I ::l: i i !.i -; l.: - ..... .1 ....,..i--. .l-.-.:..r : , ! !! .: I 3r cons t an t bressurE i . . r' : i , " 'i .''-'r"" -i."-'-i '--i--' '.! i ' i .l::lli i i i l'..-- :. .--. ---.- -t----l---{--.,-l t. t l :,:ii 'i .l"l ,trl . "'1 '!'l 'i '-t:'- --':-f '='--i-''t -:':' I i I r.; ' I t .i I .,I I I i ,'-,,.r. -'---- -- -'-----,i-- -r-- -': . -'./af i I I ). 9|' r.d tl 'r nde I I ). 'r l. Prt 8 ' .t . :t ' :.i i.. :.: ':. i'i 'l .: ion u t ing . . .: I | \.i : rt :i r. 5 + Tes t .j :" (:l - t. .l, .!...... Expan to we .( i' '. rr f r :' t I : !' a, I v' ' .: a ,.: ( I I I ! i I ! I c of. !: r:' j \ i I ri ,.. i OT .l e I '-l I j \ I I e,I I .; t : amp ta i 'l :.- I I .i : I 'a .: al PI 'l 'r '. I \-i. I .: . '! '--- --l I i .i ryPrc . r,i 5 Li I -:--- t- I t i: t. I i--- I : I I !_- -ol U I 2 3 c |i}A X qJ 1 I c .9 t o t).J on ) "i et rl rnl Ii Id luo t: .t. \ 'f t,TP2 TP3 TP lr t a TPI \ _10 I t- I r L I t i L F u, liJ r! I -F (L trt o - uC= 18 .9 -2QOJt6 NC"20 ,9 a0=106.7 t5 TP7 TP8 \,lC=Z | .4 DD- 101. 2 r r F r t-t L F tJ liJ tr- l- -l-o- - rr,t.o l'lo re Po rous I I t0 , 't( # l./- SDD 16 \qg? ' llr 't l'J o D c'l' unit uni t uni t unit unit .,q*+\?r ,'ty the west Perimeter 'l ine. c. No structure shall uni ts be 'l ocated less than three feet from the north perimeter I ine' d. Notw.i thstanding anything contained hereinabove to the contrary' roof overhangsanddecksmayencroachintothesetbackareasdescribedinbandcso 'long as such roof overhangs and decks are total'ly within the perimeter'l ines of the building enveloPe- 7. Density: Approval of this development plan shall permit nine (9) dwelling wh.ichincludes5singlefami.lyunitsand2duplexunits. A building situated on a single unit residential building envelope shalI not contain more than 1,777 square feet of GRFA; a building situated on a two unit residentia.l bui'l djng envelope shall not contain more that 3,554 square feet of a. 5. Parce'l Acreaqes and Uses Buildlng EnveloPes 'l . .07 acres, 1 single fami'lY 2. .07 acres, 1 single family 3. .06 acres, I single familY 4. .05 acres, 1 single familY 5. .10 acres, I duPlex unit 6. .08 acres, 1 duplex unit 7. .05 acres, I single familY b. Tract l: 2.467 acres open sPace c. Tfact 2: .6927 acres pri vate access road and parking 6. Setbacks - Minimum setbacks fon the location of structures with relations to building envelope perimeter lines shalI be as follows: a. No structure shall be located on the utj lity easement as so designated on the final plat of the subdivision' b. No structure sha'l 'l be located less than two feet from either the east or GRFA. U z l v $ F \\ \ N e { dJ L 0 N T I I I I I I t T I I :l I I I t I I T ao oi, t \ v/) r$\l 't \l \ j -v _t --l- ril 'I .lr.{ F r * lf $ 7 0 R 6 o a 0 o l B {. rU : o Z n J f 0 7 ( .J L ilJ l- + J .tt rtJ t 0 $ 5 f f_ I s t {l JI z f v $ $ FIGURE 2 5 (r fl N ltts T q I q o I B $t I lll t t T 0 r iJ _l rl I t-- l o d) FIGURE 3 - - lj ---ii I I I I I I I I I I I T T I T I I I I I I I t I I t T I I t I I I I I I I I s tr $ $ T. 0 t- ( JlJ J ttl t- 0 iit$. 7 0 d t a o tr 0 0 1 0 A 4 il I -J J dl ----{1 i---+r h -li ti q FIGURE 4 o a I .{. rll I u .l rll /*r tl tTi nl lf- -----fl I lii L I t- I tl \ ) dl _l T f,--a- .+ t +i E_{ -?r|. I I I r I I I t l- 0 ( lu ll Ir -LJ FIGURE 5 It lr It lr It Ir It lr tl I I I I I I I I I I I l, jll 3l EE L6 ilirtif i's fleP €€ FIGURE 6 LI I I I t I I I I I I t I I I I I I I I I I t T I t I I I T I I I I I I T I I PART THREE - APPENDICES A. GEOT,OGIC HAZARD MITIGATION REPORT B. DRAINAGE REPORT C. DECLARATION OF PROTECTIVE COVENANTS AND PLANNED DEVELOPUEIIT GUIDE FOR THE EtK I'IEADOWS SUBDIVISION A. GEOLOGIC HAZARD I,IITIGATION REPORT I I ruly 22, Le87 BANNER I Mr. Michael. r,auterbach r p.o. Box 3451 Vail, CO 81658 T I Re! Elk Meadows Subdlvision BAr *8095-05 I Dear Mike, r I have enclosed a reproducable mylar of the draiaage plan for I I3"t.H""1?* the chanse made from lPrelininaryn to oFlnal', I wittr regard to your queatlon about the bullding configuration I above the l2-foot height, the structure above that level may be vertlcal wal1' pitched roof or other constructlon. It really I doesnrt matter what iE above the l2-foot level from the aspect of I hazard mitigatLon. Windowe are acceptable above that level as welI. i I It nust be renembered that all of the hazard nitigation is based r on a reaEonable level of protection against the probabilLty of an event occurrlng. The probabillties are low eo the level of I protection can be conmenEurately low also. If the design were to I protect absolutely against all possible eventE, it would be prohibitive to build at this slte, as it would be in all of the r mountains. T Should you have any questions, please feel free to call. I sincerely,I BANNER ASSOCTAIFQ, rNC.I - \\I \*q[C\3*r6- I Donald G. Pettygrove, P.E. r DGP/rlg I Enclosure I I BANNER ASSOCI,ATES, INC. CONST'LTING ENGTNEERS & ARCHTTECTS I 2777 cRossRoADs BoULEVARD I GMND Jt NcnoN, CO 815(E o lwl28-242 T I I t I I I t I I I I June 18' I?AT I'li chael J. Lauterbach F.0. Eo:< .1451 Vail, CO" 8165S RE: Elt: Meadowg Sr-tbdivision Roc[':faII Dear I'lr. Lauterbach: In response to one of the iggures raiged in the trollins letter, I feel very comfortable with having no mitiqation {or potenti al rockfalI into trorntnon ! open sPace aFeas ttithin the proposed development. TypicalLyr the intent of open areast as long ag there aFe no permanent commurnity gtrutctures such ag offices or meeting placesn is to provide space +or gravity rel ated geologic phenomena to tlccur l'rith no damage to structureso and rni nimal chance of enpasure to personal in-iutry" Nhen I prepare at report for clients ot':ningo for instance? a one acre par-ce,l for the development of one single family residenceo the site is either located away 'f rom a haeard t inclurding perhape rockf al l , or mitigation techniques ar-e errployed to direct any potential geologic occuFrence aroLtnd the homegite into the open space. This is the Joost Frudent approach, as we cannot pr-otect every square {oot of property and still live in the moltntai ng. I I hope I har.e adequratel y addres=ed thi s parti ct-tlar contret-n 'r Please contact me if there sre further questions. T Si ncer-ely " EANI.JER ASSOCIATES ? INtr" tJ 4 -l / '// ez WL-{l, /rq,th Nichslas LampiriE? FhD. Froject Geologist NL,/c1l: BANNER-.. BANNER ASSOCIAIES. INC. CONSUTflNG ENGINEERS & ARCHITECTS 2777 CNOSSROADS BOTJLEVARD GRAND Jt NCIIoN, CO 81506. (3fJ3l 243-242 I I I I I BANNER ASSOCITIIES, INC. CONSUITING ENGINEERS & ARCHITECTS SUITE 5, 605 EAST MAIN ASPEN, COLORADO 81511 . (3{Xll 925-ffi7 I t T t ...ii-*'irLl,lt BANNER June 150 ISBT I tlichael J. Lalrterbach I F.O. Bor: 3451 Vail, CO. 81658 I RE: El l: l"leadows Subdivigion Rockf al l I Dear l{r. Lauterbach;I I have reviewed the reports pFepared the week ending June !,!n I 1987, by Don Fetty€rove, our structural engineero cincerning t the rocl:{al I mitigation for the Elk Meadows Subdivision. As previously mentioned, potential rockfal 1 into this site will I be very infregurent over the years, but this type o{ I mitigation is stiLL prr-rdent. r If the engineered design criteria presented hy Don Fettygrove I in hig above referenced reptrrt ig foLLowedl the rocl";f all r harard to occupants within structures to be located within Ell: Meadows Subdivision will be rninimi"ed. Furthero i{ the I recommended engineering is accompl ished during the I constructi on of EtructLrres upon the proposed bLrilding envelopes.' there should be no increaged harard to othe,r I property or gtrutcturres r ot- to pr_rbl ic buildingsn roadso I streets, right-o{-way, easements, r-rti I ities or f aci I iti es.If yor-r have any f urrther questionsn please do not hesitate to contact urs. a 5i ncerel y, EANNER A5S10CIATEs, INC. ,: -l t -4 /)t I ! -/ (' lrttttht(il k/',4r1/U4 't Nicholag Lampiris, PhD. Froject 6eologist I BANNER ASS@IATES, INC, BANNER ASS@IATES, INC. CONSUIIING ENGINEEBS & ARCHTTECTS CONSUTTING ENGTNEERS & ABCMTECTS r sutTE 6, 605 EAST MAIN 2777 CROSSROADS bO[eVanp I ASPEN, COLORADO 81611 . (3081 EE-857 GRAND Jt NCnOtr, cO ars0o. lg}s't Z4Z-n42 T T I I I I I T I I T I t T I T I I t I T I t t BANNER ,fune 12, 1987 Mr. ltike tauterbach P.O. Box 3451 Vail, CO 81658 Re: Preliminary Drainage Planr/Geologic Eazard trlitigation Elk Meadows Subdivision - L,ionrs Xtldge SuMivlsion (The valley)' Filln9 *2, Phase III - BAI *8095-05 Dear Mike, I have reviewed the revised roadway drawings developed by ilohn MacKown as wel.l as the Preliminary PIan developed by Eagle Valley Engineering with respect to the existLng and proposed drainage conditions. $le have developed the enclosed Prelininary Drainage .PIan from the grading contours provided by ,fohn !{acKown. D.rainage Plan The existing drainage path through this valley carries the runoff of approxinately 178 acres. The peak flow from thig area (as previousl-y subnitted) is calculated at 8 cubic feet per second. The flow through the drainage path is generally wide and shallow with velocities of less than five feet per second. llhe construction of this suHivision wilL separate an area of approxlmately 0.84 acres north of the access road from the main flow pattern and recombines the flow from these two areas at the 18" CI{P culvert Located at Station 1+65. Any acsess walke to the buildings on the north side should have an I8n CMP or equivalent in order to allow for the passage of flow to the west. The naximun flow from the emall-er area Le 2.0 cubic feet per second for which the minimum l8n culvert is more than adequate.The maximum flow (8 cfs) aLong the south eide of the roads will-be adequately transmitted by the tlpical ditch section in all areas except the small, four car parking area at the extreme west end. It will be necessary to install approxinately 55 lineal feet of 18tr CMP at this location in order to convey the surface waters beneath the parking area and avoid forcing them onto the adjacent property. The 18" CMP will carry the full 8 cfE with a headwater,/dianeter ratio of less than 1.5. It is my understanding that all areas of the site' except the seven building locations, will be dedicated to open space uses which will include use for surface drainage. Thle will eliminate the need for any specific drainage easement. BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION, CO 815(F . (:j/J,3l 24}t2,42 t I I Mr. Mike Lauterbach I June 12, 1987 Page Trro BANNER Na.tu.ral Sprincs During the geological hazard lnvestigation, the site was thoroughly inspected with no signs of natural water springs appearing on the ground surface. Any marked increase in vegetation in isol-ated areas would indicate the likelihood of natural springs. None of these indicators were observed. Ground 9later The Prelininary Subsoil and GeologLc Investigation prepared by Chen and AsEociates, Inc. in !,[,ay L972, lndLcated thal no free water was observed in any of the 10 test pits excavated. The primary drainage channel ls an internittent nater-course without signlflcant year round flow. Geolo.gic. Eezards. Mitigation I with regard to the reconmendations made in my letter of February I 23, 1987 for the mitigation of the geologic rockfall hazard, I offer the folLowing clarifications. My reconmendation for a six foot vertical height of wa1l exposure on the north side is a mininum and refers to the reinforced concrete wall with tinber inpact absorption. If wal_ls on the north (uphill-) side are to be taller than the minimum 6 feet height, then they should be capable of withstanding a 2000 pound force, although the structure above the six foot level and beLow the 10-12 foot level, recommended by Mr. Lampiris, need not be of concrete or have the tiurber inpact absorption. The difference being the frequency of anticipated rock hits and subsequent damage. Below the six-foot height, more frequent strikes can be expected for which damage should be ninimal. Above six-foot to the l2-foot leveLr rock strikes can be anticipated but need be protected against sigmificant structuraL damage only. If a roof area will be constructed with uphill exposure, that portion below the l-0-12 foot height and above the O foot height should be designed to withstand the 2000 pound impact force as well. Reference is rnade to the attached sketches for the areas of consideration. The helghts discussed above are relative to the natural ground elevation at the uphill extreme of the structure and projected along the slope , not at the edge of roadway. T I I I I T I I T I I I I I t l{r. l4ike tauterbach ,June 12, 1987 Page 'lDhree BANNEFI The terraced floors to whlch r made reference in my earlier correspondence wa6 inteaded to allow for offset floor elevatLons in order to provide buildings which better flt the natural elopes of nearly 2:1 in places. Should you have any questions Sincerely, BANNER ASSOCIATES, INC. please feel free to call. N;CCtr***-.-.-- Donald G. Pettygrove, P.E.Colo. P.E. *16543 DGP/rLg Encl: l-4 copies -Mitigation cc: Kristan Prit-z - Town of Vail Preliminary Drainage PIan & ceologic Eazard r s z \.,r -l Jv ? .0\o F, x I $ 1 q ir 0Ft F; .r [, Jsq dr' R0i ${i o F. t 7 T d tt' D d' tsd \1 -t \t $$ T$\Y 'F fi;ItY,'ri ?. \ [a n F q , Ff; r i i4 ti$[ Li^ t bld o'id r f'+, e / l1 l1 !r lr .l [ip t I I ll dr - -----F 9$Jtl\vh N l{u t5 UD po t.F r.K tr lt\ u ilr :i 9-ln -Y 7 o L f b -l I .l I I T t T I I I I I I T I I I I T T T I I t I I Michaei Lauterbach I Lamar Eompanies/CR Developme,nt Inc. F. O. Fo:: .1451 I Vail, co. 81658 RE: Geologic Ha:ard Mitigation r El l: I'teadows Sr-tbdi vi si on I t/ail: CO. EAE"\I\=R Febrerary 35, LSAT I I have revi er.led your most recent plan= and algo revier+ed the I report by our structural engineer, Don Fettygrove, concet-ni ng the rockfall mitigation for the EIt: Meadows Sutbdivision. I I agreer that if the design criteria presented by Don I Pettygrove in his letter o{ FebrLlary ?3, tgATt are follor.red,r rockfall ha:ard wiLl be !:eot to a mini rnum for this devel opment. I Potential rocl:f al I into this site will be very in{requent ove,r the yearso but this type of rnitigation is E.till prudent. I The mitigative design ulill not adversely affect any other I developrnent in the area. If you have' any further questions, please do nst hesitate to contact us. I Si ncerel y, FANiIER A55OCIATES, 1NC.-t t/a 'ir'(4tn /^m,, NichoLas Lampiris, FhD. Froject 6eol ogi st r BANNER AssocrATEs. INc. BANNER ASSoctATEs, INc. CONSULTING ENGINEERS & ARCHITECTS CQNSIJL'II.\.G ENGII{EERS & AIiCHITECTS I surTE 6, 605 EAST r\,rArN 2777 CROSSROADS BOULEVARD I ASPEN, COLORAF 8l5lr . 6ff]l 9%-ffi7 GRAND JUNCflON, CO 81506. (3trJ.t 243-2242 I Dear Mi l,:ei '' I t I NL./clk I t I I I t I I I I t t I I t I T T I I February 23' L987 Mr. Michael Lauterbach Lamar Companies,/CR Development Inc. P.O. Box 3451 Vailr CO 81558 Re: Geolog|c E,azard l,litigation Elk Meadows Subdivision Vail, CO r) 2) 3) BANNEFI Dear Mikei As reguested, I have reviewed the appropriate measures for the nitigation of the rockfall hazard at the subject site. :the current location for the lots does not allow for the nitigation to be handled as easily as beforel howeverl it appears that it can be accomplished with a few considerations. The structures should be situated so that at least six vertical feet of wall is exposed on the uphill side. The exposed face should be designed (preferably of reinforced concrete integral with the foundation) such that it is capable of \rithstanding a force of not less than 2000 pounds applied over an area of approximately two sguare feet. The face of the waLl should be protected, as before, with 6 inch timbers for impact absorption and replacernent. The design of these walls shouLd be simLlar to those shown in my letter of July 3, 1985. All other areas with uphill exposures should be designed to withstand a 2000 pound force as well. No windows should be placed in walls with uphill exlosures. It should be understood that there exists the possibility that falling rocks could impact Lionrs Ridge Loop Road above and be launched into the air sufficiently to impact roof areas, although the probabilities of suctr an impact are significantly J-ower than those which will impact the waLl. Insofar as possible, it i.s reconmended that rooms with the greatest occupancy be located away from the upper stories and to the downhill side. A terraced floor arrangement appears to fit quite well at this site and will blend into the side of the hill better while providing less cost through reduced excavation. A layout of this type will also provide for maximum southern exposure to take advantage of solar heat gain. BANNER ASSOCTATES. INC. CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCnON. CO 81505 . (3031 243-2242 I T I H;:"i,iltl,T;:;'o""n BANNER I I T I I T I t T T I I I I I I \*-\LC€-.g**-. Donald G. Pettygrove, P.E. Project !{anager cc: Nick Lampiris file; 80955ltr-223 The method of handling storm water runoff should again be essentially the same as previously mentioned in ny letter of September 18, 1986. Provisions wiII be necessary to allow for an 18" diameter culvert beneath the cul-de-sac at the east endr beneath the nain entrance road and access road to lots 6 and 7 and beneath the four parking spaces at the extreme west end of the project. In addition, the roadway should be constructed at least 1r-9" above the low point of the primary drainage path throughout the length of the project. It is not anticipated that significant rip-rap will be necessary since the drainage path Ls to remain largely undisturbed. Shoul-d you have any question, please feel free to call. Sincerely; " * BANNER ASSOCIATES, INC. .N_ b 0 c{ T T A I hJ { {, N t$\J t I t t T I 9. 3 rd -v O',J {l iii J\ ) p $ u I Y 4 {J. \}t T t N uJ 7-ti \ +; tA 1t h + f I V- 6 6 + t !D l; l1$ @ r/h[, i\,4 fll f5 1l \j p h $s ?!'o1 L o,t { rt $f$ H d'1 l- 7 'd ,rr fil 4t t, .[r dtl 1u dJ HH EL .f $,1 I qq I !? Fo; rEln rtjt t,; i$I{il I y " i r ii ":1 ?1 l'i il i t \r 7, 7 'F-rrw ri" B. DRAINAGE REPORT I iluue 16 , L987 BANNEFI !{r. Peter Patton Town of Vail 75 South Frontage Road VaiI' CO 81657 Re: EIk Meadows Subdivision (rhe ValLey) r Filing *2, Phase III BAI S8095-05 Dear Peter, I am writing, as you reguestedr to clarify our opinion regarding the antlcipated inpact of this development on the storm flow into the adJacent property to the west- The peak design flow through the mead,ow area for a storm of I0-year recurrence, is only 8 cfs for a total basin area of sone L78 acres. lltre totaL surfaced area of, road is approximately 0.9 acre with an area of about 0.5 acre establlshed for the bullding envelope+ giving a total of approxinately 1.4 acres of the. total 178 in wtrich the drainage characteristics will be altered by this development. It is our opinion that any change in peak flow generated. by this development is beyond the accuracy of the methods used to calculate flows such as this and therefore can not be accurately evaluated. The transmisqion of flows through the site will be altered by provldlng a more clearly defined drainage path although slightly more circuitous. We believe the two will offset and the travel time through the site will rcmain virtually the 6ame as current. The quantity and point of discharge from this property will not change from existing conditions and as a result should have no adverse impact on the adjacent parcel. Should you have any further questions, please do not hesitate to call. Sincerely, BANNER ASSOCIATES, INC. I Donald G. Pettygrove, P.E. DGP/rLq cc: Mike Lauterbach BANNER ASSOCIATES. INC. CONSIJLTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION. co 81505 .l303l 243-2242 I I BANNER I Septenber 18, 1986 I I I I I T T I I I I I t t I I t'tr. Mike Lauterbach P.O. Box 3451 Vail, CO 81658 P.e: Surface drainage for Elk Meadows Subdivision Vail, CO #8095-05 Dear Mike, !{e have reviewed the drainage for this project particularly as it concerns the drainage which will flow beneath the acces.s drive fron Lionrs Ridge Loop Road at approxirnate Station 1*I8 (per roadway drawings prepared by John MacKown). our investigations indicate that the Ii" corrugated metal pipe is adequate for the anticipated flows. The location of the culvert is governed by the roadway profile and the proposed typical cross-section and their interaction with the existing ground. We believe that the southern end of the 18n culvert night discharge flows in a better manner if it erere moved somewhat to the west so that the discharge of 2.0 cfsr with a velocity of approximately 7.3 feet per second, is not discharged directly at lot 9 as is currently shown. The site plan we hrere provided indicates tbat the private access road to these lots is now approximately 25 to 30 feet south of the location shown for our geologic hazard uritigation work. This encroachment increases somewhat the maximum htater surface elevation and the anticipated velocities. The critical area will be along the front of lots 5, 7 and 8 where we anticipate the velocities could approach 8 feet per second due to the additional encroachment of the short stub driveway which is not shown on John MacKownts roadway drawj.ngs. Structures and driveway filf along these three lots should be protected against these high velocities with riprap having a mean diarneter of not less than 9 inches. This requirement could be waived through the use of an 18" diameter culvert beneath the intersection with the short stub driveway where it joins with the main access driveway. BANNER ASSOCIATES, INC. CONSTJLTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION, CO 81506 e (3031 243-2242 T I BANNEF I Mr. Mike Lauterbach I September 18, 1985 Page Tlro r I have also enclosed a typical site grading plan which nay be incorporated since all structures wiII need to be elevated above :-. I the diainage way at least lr-9"T - Shou1d you have any questions, please do not hesitate to call. I Sincerely, I BANNER ASS@IATES' INC. : I Donald c- Pgftygrove, P.E. DGP/rlj I Encl: Drainage calculations I cc: Susan Vaughn t Eagle County Courtbouse r w/calculations T I T I I I I t I ll {! ?a J il =n\,t, ?t 3 7 1 L .o .4 F o +,ct (t trl rg lu c I ct lt{.F 'ql r+{.o Or xr 6I u) .- F{{30 e_e :6.t{.o9 ;r 9s j ---(, H i 3j I vr.J :.i.- - -I -r "l i.f r'I I I T I I T I I I t I I I s{t; ",!;i u r- !J o z z q J )o<tt =E s { rto,- s3HCNr Nr (Ol JJONnS lC3Elc orD 3E a, ul :g !o 99 oo o.O I ct z.9 =q lrl It |!o z =E tr o z I F J o @ (:t o J o E a - =o s o € .! E o So _tt :s 3: E3 =6 -?E:!;!.g oF cE =-a E- =o .E ! l't r6 NT L7 : IABLE 5. @UruTArtult SUEET F(,n, CHAIT UEIH'D I I t I I T T I I I I ''c$ Il.lPF r HIJ,|F I I \,-_ I t T '*qrcr Ea\L r,r r A-\ c' *:6 ccputcd . }t *."_.:.:@a l. Reguired Input 1. tlA Acres : Dralnagc Arca I. ,l q Years : Design Frcquency (rearrn period)E - | - /2. Inches! Rainfall depth for Z4_houi, T-year event Y.' -=-ffi t : Average uatershed- siope-vr ' (t-.e : Runoff Curve ltraber 2. Cmputa VoIlEs of &noff, Q q. O.bS Inches: Usc e{ and p as inpur to Fig. s 3. vlatershed Shapo AdjusEent (Optj,onal: if adJustlent Ls aot aadc, .sct EA.A) Y - 5kft)- fir"" : Hydreulic Length tr:ffi-Asrcs : P:'i)il. thaiaage rrei lusc Flg. ro) 4. Obtain Unir Pest Discharge, QU 5. 3::*11 Stope- rnrerpolation Facro!, SF (Optional: if adjustEert is nor Eedc, ser 5F . 1.0) t zt/sF - \i/-2 : uso y and EA yith Tablc 7 6. l_"it11ig ar.rd SHaup_lroTge^ Adiustrent Factorr pF (Optionat: if adjusanent 1s nor Eade, set pF . 1.0) pVS . O, O t : t of ponds and Sraupy ArBa (Based on acnnl daainags tocarion_il.yatersnea 6ci*i 3"1: : r : _Tttq a*. (6-4)_; cenrer or spread out (6-b)_i uppcr Reaches (6_c)_ pE . I . C) : Use pps and T uirh Tablc 6-a, 6-b, or 6-c. 7. Peal Discharge Qp,. Calculation yith Adjr:srnents qP. ._Qu r q r HF. r sF r pF :+:2,o5.x o.14 xt,z€; l.-b QPlr. qP qu ' tAo cfsllnch q , !i:.1J*:::."* 5ilg.,i;n1,ilj.lli"",,r 8. ttodifications fo! Urbanilation !,lP . -- t : percentage of Inpewious Arca (based on acinl T:: - - : frHii"I[{)-i*-.o. Factor (Fig. 12) -:H - - t : Percentagc of Hydraullc L.ngth lrcdifia .lr-,Mr r _ : Hydraullc Langth !{odlfied Facts! (Fig. l3) < "E- 29 DrTdH cAlculnrtons g= 0.05600 +tf+t @= B.OOO != 0.554 : ft l-:: 5OO-OO Sc': O.O2E9! |tltt n= O.OSSOO Dc= 0.692 ft TT= 1.625 l.iIN vEE CHANNEL B= O.OOO ft LT S5=1O.OO:1 RT SS= O.OO:t --a'- DITCH CALCULATIOI.IS j= O- O4OOO +t/+t e= B- r-169 != 0-595 ft != 5OO.OO 3c= O.O2A91 +t/+X n= rr.OIg.lO Jc= 0.692 f t TT": 1. S41 MIN a .rEE . CHANNEL .B= O.eOr-, f t -T S5-l.r).Qr):1 RT ss= o.r1r1;1 cfs ft Vc= cfs +t Vc= != g. fS tpg 5.34 fps \ir= o.:= f ps S.34 fps ={ n\a-i\ -\-r,,.."-[ .,to .- t- += G ) f Z -D'feN€. I T I I T T I t T T I I T I t I I I I )ITCH CALCULATIONS ir: 0.05600 +ll+t @= A.OOO ,s 1.021 ft l= 2OO.OO ic= O.OSBTA +tt+t n= O.OS5OO )c= 1.318 ft TT- O.4S4 MIN ,EE CHANNEL B= O.OOO ft .T SS= 2.OO:l RT S5= O-OO:I )ITCH CALCULATIONS i= O- O4OOO +t/+t Q= B. OO(t l:r L -Og7 f t l_= ZL)O- Or) ic= O. O3A7B +tl+t n= (r. OSgOrl ,c= 1. S18 f t Tdf-. O.49S MIN ,EE CHANNEL l= O.OOO ft -T SS= 2..)Cr:1 RT SS= O.OO:1 cfs ft Vc= cfs ft Vc= V=. 7.65 fps : 4.61 {9s V= 6-77 fps 4161 fps : =< fi\atn -k.,,l^*\ A"=,q=n*i\ 9.o^_{ ,s LAs C,1 {a 9lTZr,r <--r=rrz-^€ I ITCH. CALCULATIONS T I = 0.94999 +tt+t @= s.ooo cf; != . 6.e? fps I = 0.926 ft t= EO-OO ft I cE 0.039A6 +tt+t .r= O.O?4OO Vc= 7. 15 fps I c= 1..106 f t TT= O. 119 HIN I IRCULAR CHA|INEL B= 1.EOO FT aa. .l I I T I I I T T I I I I T I -- --,-.'.r a. F,T: i.' 6VC+ I I I I T t I I t I :- '-- : -.. .-:. :.'i- : ;;.=_';G ' ,l-esa)l e _.- - -+_> \cf i"-r -.. ". pq? r:-. f I - -.\e,I'SL .4VO- ."ta Wri'1- - . I = '. .,qb'",;t/a l,O ae rcs!.2:ra.u^i . -- -rq)tS e4, r--.TY ,Q=\,G*laors - ,\q -&'.'o_ - tL1<- tl^.q 2,O4-.s. -*i..,* -4-- -- -i*,\---F .;J,*'';*S (, ,t ''- t I ':i-.,: j ::-:'--.: J.;--:: :----...i,i-!..:.i:'-:-. i - .i ' j-'=l"L"ui.-rl-.=.,=.*tl*,:.i.r:*=,+:?.=,:r.*.:n":- .-=:-.*.,,..:l-i-*: -::..l*,-Jr-r,-.i.*'.+i,i:;:-:'3-;:.-,:.4;.-:-i.''i;; "3':,::-;ii- a !:* 6 3 loo I tl -! :oo o .D A !d 6 2oo o. 6on4S,t &e!.- %-s6/ri.-L 0.3 o.r 0., o.? i.o IIIG. @ @jCSIrATfOr - hourt : .uininun CN .' pr'ecipitation 50 8.00 inches 60 5.55 70 -3.42 80 2.00 90 0.88 95 0.42 : = q-'--- = 100 o.l I I I T T I I I t Figr:re 9." 'Peak discharge iu csq per incb of n:aoff versus tirae of conceatratioq (Ic) for 24-bo4, tJrpe-II storu distributiou. To further define lirnitations on the graphical nethod the results of nruerousi TR-20 nurs were conpared with estinales'uf peak discharge nade with the graphical nethod. The n:ns were. nade for ranges'of the tine of concen-tration (hours), the precipitation volurne (inchesj, and thq cu:rre number of 0.5 to 5-0 hours, 1.0 to 1.0.0 inches, and io to 9!-cunre number units, re-spectively. The results indicate that the graphical nethod is a valii ap-proxination of rR-20 as long as the initiat abitiaction is less than 2s ier-cent of the total 24-hour rainfall; this constraint is eisily assessed uiing the folrowing tabular representation of the constraint, which relates the curve number (Cll) and the nininun precipitation: 25 (,F a o lrl 605 '2 = 50= LI 2, F TIME. OF FOR ' 'BASED oN EqqArloN CONCENTRATION s Tc OVERLAND :FLOW q- t7 JAI,IUARY l98O RGURE .803-28 c antl\ -F -e'sooF .F 't crf ' 400{ht Hl = .ool I lrl (,z. F fi zoo loo C 80 70 6( 95( a r4 l-lrl trl IL =3 lrl (,z -tt,6' f., I T I I I l_ I I rl I T T I I I J rl t1 EXAMPLE I zo +- l2yr to o Tq^, 1.8(li-Cl y'U 06 C. Coefllcient of runoff D. Dlsloncc of flor In feet S. Sloge h A" D. 4OO' S'17" C. O.7O Tc' 15 Mlnutes e ]*:{ =tA L'o^s il*aLoF €re "L .I 't G r I I T I 8-36 JANUAtrY I98O FIGURE 8O4- I E I T I .l I .i d ; J g |, E aq. t - t80 - t5B - 156 - 144 - t5z - 120 - toa -96 -94 -iz -60 I F54 lo,ooo 8.OOO G,OOO 5.OOO 4,OOO 5.OOO 2.OOO EXAIIPLE O. !6 l.cr..l3.O t.rll O.66 c,. g' o t.l 2.1 a.e ro t. lr.l I |.'T{E---;l: :- tt l<,-<- r.J zLS elL€; i'r (z) ||t lt..O La cl 3.3 ttl GI GD I I T T I T T I 600 500 400 300 c,Ll c, = =o G trl J =(t lr o E rl|t- UJ =3 o g, l!ct =o trl (, E -o 6 € lr lr It It F 4g ?oo ,ra/.rrY .7 ./too ./ ."o/ 60 to 40 '/./ :: #scay/zn --Lllrrr t d CI G CI 2 36 !5 30 27 2a 2l *s -+ ro +*^fNWE./zo rn - ,."9<li ./ro 4ii-'",rrcntat ./ t. .r.!.,/ F ",-"'q s,/!f-.sn-{3>t2. l. !.. rcol.lzl c. l5l ,toi..t lotir..lcllt la rc.l. lll. lt . .r. .rt.lall irll..a li.. ltr.rll O..rl O aSalaar t t.rrtta raa ll|r.t.afaa- HEADWATER DEPTH FOR C. M. PIPE CULVERTS la '. tA'6 hes <6f\a€;\ ,iliili li.i.?r"".i;,;;;i - -r(J ^u.L..-L-* +Ii't an E LT F 4 ct = F e ,F G,trl F --ct lra $s 5. (3) 6. < 16.{. t. a. t. 5. .1. z. 2-2. - t.3 t.t l.J t.o l.o .8 :t .J .E .9 .8 .7 J .7 .6 .s .5 .t hqch ?r'cc-fr+e {*ri 2o.S: ..+J I I T l_ I I I I I I T I I T I I RECOMMENDED S/TE GRADING 1' .!lt" grading should slope away from the structure 1n ar1 ' directions- -Reconnended, siopes are 6 inches r.n the iri.J ro.-feet an.d L/4 inch per foot ilse;h;";. ----- 2' 'Foundation shourd be backfir,red with a ,ror,-noroo., non-swelli-ng material and shourdr be conpirt.a-[o not ress than 95t of standard proctor Density ir alteirnrnecl by Asrlil Standard D-698. 3- rrrigatLou shourd be ninimized, or eriruluated wheri posslble to reduce the potential for excess molsture to reach the,foundation. .tt -ri +.,,<- | #f&+ \-r,*\ \ \ SC HEMATIC c.DECLARATION OF PROTECTIVE COVENANTS AIID PI/ANNED DEVELOPMENT GUIDE FOR THE ELK I{EADOWS ST'BDIVISION I I I I I t I I I I I I I I I I I I I . DECIAR,ATION OF PROTECTIVE COVEMNTS FOR ELK MEADOI{S SIEDIVISION - LAMAR ClpiUl, CoRPORATION, a New Jersey corDorarlon ("Declaranr"), r.s- rhe record ana ueieirci.t-"t-"i "i-5ii-Ji-it".rear property wlthltr- that certaln eubdlvision denonlaated E1[,---Meadowa suDdlvl.slon located ln Eagle county, colorado, the flnal plat of whLch was recorded ln Boo[ _ at iige _, oi ;[; ------ recorde ln the Offi.ca of the Clerk 6i[ RecorEer-o-f 'fagfe--county, Colorado. Declarant does hereby nake, publLah and declare that the following te:ras, covenents; conditione, eaaeaents.r.esErt.ctlons, uses, lesetivatlons, limt tatlone and oblieatlone snall be deerned to nm wlth the land, sha1l be a burdei and a }:lgfl!,.: Declaranr, lre successors-and asstgns, tne -iosn-ot vatl, e8 to certaln restrLctions, and any perion'or entl,ty aggulrlng or-own-l.ng an tnreresr in the rLai-piopeiiy-d"""iru.a above and aII other real property lrhfgh te oi blconla subS--i-to thle Declaratiou and lmprbveienti buLlt thereon, thelr er-aniees.aucceasols, helre, personal representatives, devieees oi agJim6. -___t:._,PEFIMTI9NS: -Ae used hereln, the followlug worde and terlls 6haII have the follortng meaninge: BUILDINC ENVELOPE A Lot rd-thin Elk Meadows SubdlvLsLon. TRACT A rlacr within Elk Meadows SubdLvlsLon. GROSS RESIDENTIAL Is a term as deflned in SectLon 1.9.04.130 FL00R AREA of the Zoning Reeolutl.on <itl-nZo"i"e----('c.R.F.A.r') (ResolutLon,ii ot ttrt-iown'oiv"ril-iier.County, Colorado. SUBDIVISION SINGLE I'NIT RESIDENTIAL BUILDING ENVELOPE OPEN SPACE TRACT DESIGN RNVIEW COMMITTEE Elk Meadows Subdlvlelon. A Bu{ldlng Envelope whlch can be used so1e1y for resldentln-l purposes and upon whlch not more than one bul.ldlng contar.n-ils not more than one elngLe fanili dwelllne init (as defined Ln Sectlon 18.04.080 oF the ZonLne Resolutlon), and contalnLng not more than-oue enclosed garage, oay be coistructed. Tract 1, which ehall remaLn ln Lts natutal and rxrdlsturbed state or be landscaped in a ulanner approved by the Deeign Reviei Comltteer_ as herelnafter deflnedl provlded,however, that an Open Space Tract'niy bave constructed and moLntained thereon utllttles and dralnage facillties in areae as eo g€.Bijgngtgd on rhe flnal plat of the Subdlvis 1on. A group of three peraona who shall be responslble for the adntnlstration and enforcement of these ProtectLve Covenants and other Degign Guidelinee, lf any. Such persons ehall bE appolnted by Declarant. The Ireslgn Revietr Comittee ( sondtlnes referred to herein as the rrComLttee.r) shall. amone other things, revlew and oversee thi development of the Bulldlne Envelopes and Tracts qrith regard to sice-de8igu,- I I T I I I I I I I I I I T I I I I I DESIGN CUIDELINES ROAD TRACT OWNER ASSOCIATION COMMON .EXPENSES DECLARATION archltecture and landecaptng. Any actlon,decLeLon or approval to be [iven f,y the Co@l.ttee shall requirg s n'lorlCy- vote of lts member8. Shduld Declarant, at any tlme slthln 30 days af cer receLvlug'mlttei notice ot e vacancy 1n lhe Co'inlttee havlng oCcurred tor any reaaon whatsoever, fall to apDol.nt a new member to the Comittee to ftll a-vacancy, the ownere by- a naJorlty vote ehall de8:.guate such new member to the C@ittee,wlth an Owner havlng one vote for each Bullding Envelope onned. GuidelLnee for the developnent of the Buildlng Envelopes and Tricte shall be ad-opted- by the Co@Lttee, whlch shalI, among other lhlngs, tnterpret arrdl ot inplenint thE provislons of these Protective Covenanta.Guldellnee may be amended from tlme to tLme wlth the naj ority vote of approval fron the Comlttee and approval of thb Town of Vail Desltn- Revlew Board. The guldelinee will be avallabl.e fron tbe chalrpeison of the Co@ittee and Torn of Vai.l Comuntty Development Departnent. Tract 2, whlch can be used soIely (t) to provlde a prlvate road and rlght- of way for prtvate uee as lntless and egress frm each of the Bullding Envelopes to-LloD,s Rl.dpe Loop, q pu!119 road locared in Eag1e Coinry,Colorado, (11) to provide for vehjlcular ' parklng in areas as eo deeignated on the flnal plat of the Subdtvlston, and (lll) to provide open space in the aame manner aa an Open Space Tlact on portlotrs not ueed for a private road and rlght of way or for v-ehicular parking I provided,- however, that the Road Tract may have conetructed ind malntaLned thereon utllities and dralnaee faclllties Ln areas ae so deglgnated on"the final plat of the SubdlvisLon.- Any ir-rdtvldual, corporatLon, partnerehip,assocletlon, trust or other legal entlti. or coobinatlon of legal enticLes, -erhich le'ihe record owner of an undivided fee simple interest in one or more of the Bullding Envelopes. The EIk Meadorrs Homeot ners Assoclation, a Colorado nonprofit corporation. ALl expensee expressly declared to be comon expenaea by this Declaratlon or by the bvlaws of the Associacionl all other expLnses oi adnLnleterlng, eervLcing, couseriing,rnaneglng, malntaf.ning ( including, wlthout lI.ml.tatLon, gnow removal and landscape malntenance) , repalrLng, lnprovlng oi repractng the open Space Tract, the Road Tlact and Lnprovemente located thereon I insurance premiums for the lngurance canied under Paragraph 10 herelnl and all erDetrses L.awfully -deternLned to be comon expeiees by the board of directors of the Assoclation. Thie Instruuent and all amendments ot t T I t I I I I I T I I I I I I T I I suppLem€nta thereto hereafter recorded in tbe records Ln rhe Offlce of the Clerk and . Racorder of Eagle County, Colorado. FIRST LIENOR The holder of a promissory note Daynent of wbl.ch ls eecured by- a first nortee-ge or flrst deed of truat encnnberLng an lntErEet ln a Bulldlng Envelope. rrMorigage" shall ltrclude a deed of truet, and ,,mortgdgeert shall lnclude the beneficl.ary of-a-deed of tEust. 2. GEMRAL PITRPOSES : These covenants and reetrictlooe are made-for rE-e-[uifi6ffifrreartrs a"a i--fing rhe s.i6ar;i;i;;.-rnaorar as possl.ble, deslrable, attractlve, beneftclal and sul.tabLe 1n archLtectural deslgn, materiale and appearance.guarding- against fl.res and unn6ciseary tnterf erenEE-Aih-ii.natural _beauty of the Subdlvieion, ani provldine fnetEJs ;d egress froq alL Bullding Envelopee in the SubdiilsiSn to a publLc road, all for the Dutual beneflt and protectlon of the -Or*rei". -- _ 3. USES: All Bullding Envelopee ln the Subdlvlslon shall fall withii:-Ee followlng taid usE aitintitoner Single Unlt Bulldins Envelooee Residential Buildlng I,2,3,4;5,6 and'7 snveloPe DEFlNITION Open Space Tract Road Tract LOT DESCRIPTION Tract I Ttact 2 4. APPROVAL OF CONSTRI|CILON pLANS: (a) No building.or other stru@cted, or uatntalnEd on any Bullding Envelope, nor shall any'addltlon thereto or alteratlon or change thereLn be uade untLl coED1ete olans and speclficatlone ( lncluding, but not 1inLted to.-a col'or renderlne and/or a model, floor plins, elevatlong, site and eiadfnq- Di"""l provislone for off straet parklng and l6catlone of-driveiai - 1 access, landscaping plan, the spEclficatlon of prlncipai titertor Eaterials, color schemes and thC locatl-on and the nethod of utillzation of all utllltles) have been subnitted to the Cornrpittee -and by lt approved ln rrltlng. In addltlon, each owner Ehar Dutlds a structure on a designated Bulldlng Envelope shaIl conply nith the deslgn guidelines-and rockfall ilttleatlbn - - requlreuents as outllned in the Envlronmental lupacE Reoort bv Jamar Aeeociares deted JtLy 22, Lggl , CopLee of'che errideifn6s and pitigation requlreoeut-s shiU be avaliable to proipecitve--purclasers. flon the Torrn of Vall Comuntty Developient DepartD€nt and from the Comlttee. Each osner oay choose to have auother quallfied engineer/geologist deslgn approprlate rockfall uftlgatlon Eeaaurelr, as long as the nitlgatlon solution does n6t have negative visual lmpacts and is approved by the Tonn of Vall co@unlty Development Departnent and the town of Vail Englneer. The Town of VaiL shall have the rlght to enforce the covenanra and all requLreoents wtthin aubpardgraph 4(a) hereln.rne covenencs .and requlreoenta contalned in subparagraDh 4(a)hereLn may not be amended or deLeted wlthout Toim oE V;rt1 approval . (b) Owners are encoureged to consult rdth the ConEd.ttee prLor-to "nd during the prepiration of such plane and speclflcations Ln order to avoLd wlthholdlng- or delay ln approval . I I I I I I I I I I I I I I I I I I T I t I I I I I I . .i9)- I! upon the _expiratlon of 30 daya fron rhe dare of the auDE:_EEa-r ot plans anal speclficatlotrs to the Comlttee by an Ltfuer, tbe Coml.ttee has taken no actlon, the Dlans and ' speclflcatlons 1111 be coneldered approvid by Lhe Comlttee and Ene- u$n€r [lay cormence coostructlon only aftbr obtaLnl.nE the apprlcabre go\rermental zonLng and bulldlug per:uLte. - (d) The ComLttee ehall be autborlzed to leW a reaeonable ghprge, trot excgeding fifteen cenrs for -"ct -"q""r'e fo;;;i'"---c..t(.F.4.., for- the 19vfew of plane and epecifLcirlone. Irbich c.nalge.6narl _be pald ln advance. The proceede of euch charres anarr De uaed tor the adminlscratlon and enforceoeat of the;e Protectlve Covenants . (e) .Upon the approval of plane and epeclficetLons, the uwner anarr be requlred to eacrotr funds for the conpletion of randscaplng iteus and materialg that are to be installed by the uuner. Esctowed funds will be returned to the Onner after'landecaplng has been in place in satrsfaciory conariron-iir " oo.year perlod. ^ .!f) In passlng all euch plans and epecLflcatlone, the uorErEEee sharl take into conslderatLon the sultabllity of the proposed pufldigg or orher atrucrure and the naterlals'oi-wUfcn It 1s to be bulIr ro the Butldlng Eovelope upon whlch it lB to be erected.' rhe.harmony thereof wltE the suirouiding- ana-irc-eiiect or Ene.Dulrdlng or other structure, as planned, on the outlook lrom adJ acent or neighborlng Bulldlng Envelopes. _ - . - (q) . The Comittee ! e goal L8 to create, for the entire I:Ii:l:l:"_l-, a coupatlble ind horoogeneou" ai"hii."i"..f -q".f rty narrDonloua w1th the character of the area. (!r) The Cotr"rlttee shall uee reasonable Judgnent in DaegLnc upon. all.such plans and speclficarlons, but tfre Eomiti"e'en"fi'no.t ?e tlable to eny peraon for its actions in connectl,ou wlth submLtted plans and specificatione, unless Lt be eho$n that the uoumrttee acted wi.th nalice or wrongful Lntent. (i) The foLLowlng specific reatrl.ctions eha1I aovern constluction on and use of any BulldLng Envelope. (1) DENSIT{: a buildlng sLtuated on a Slngle Unit !.es ldenrlal-TGlldlng EnvelopE s["f f -not conratn-rnort ihan 2,285 square feet oi c.R.F.A. - (ti) S-ETBACK RCQUIREMENTS: Min lmr:o setbacks for rhe tocarlon ot atructures nith relations to Bulldlng Envelope perimeter linee shall be as followe: (aa) No atructure shaLl. be located on the Utilitv Easenent as so designated on the flnal plat of the SubdLvlslon. (bb) No structure sha1l be located 1e8s tno feet from either the east or the west pertmeter llne. (cc) No S tructure shall be located less thaa three .feet from the north perimeter 1ine. (dd) NoEwlth-e tandlng anything contalned hereftrabove to the contrary, roof overhangs and decks may encroach int-o the setback aleas deecrlbed in eubparagraphe 4(i) (tt) (bb) and 4(f)(11)(cc) hereln eo long ae such roof overhango and decke are toEally ldthin the perimeter Il-nes of the Butlding Envelope. I I I I I I I T I I I I I I I I I T I - . (1i+) . BUII.DI$G EICIn: No srrucrure located wtrbtn tbe nuDor.vl'ar.on SnaII excEed at €.try poLtrt on the strirctuae.three storlee or 33 feet Ln heiglt (ae defGed-G-5iciio"18.04.170 of the Zoaing Resolutlo!), rUictever fe leii.-- ".'."1-t"].' rr(u'"')osirilS "":?91 Dulld+ng.Euve-lope wlrh euch off srreer parking speces behg requlred to be provLded in enclosed gaiages.- (bb) No off etreet. pg+i"E spaceo.on any Bulldlng Envelope sha11 be allowed out;lde oE air encroseo Earere.except f9. .tp to on_e epace located {n'nedlately tn-froit'of and contlguous to the doore of an enclosed gaiage located on the Buildlng Envelope. (cc) A11 driveways and parklng areas in the Sub_ 91"-f :L.l ehall .be paved. ani ttre nirxfuuo-peruf eeabte--drfveway or parktug grade shall be 8.0 percent. - (dd) A11 vehlcular drl.veways and vehlcular lnqrese and egrees acceaa to each and every buildlng n"rreiope-sf,ai1-De resEtlcteal to access which coues dlrectlf off of- tbe Road Tract and no such acceas to a Bulldlag Enveiope sha1l be allowed dlrectly off of Lion,e nfdge ioof roai. ----- -- - (v) LSNDSGAPING r The concern of rhe Cmittee ghall b.e to l-prffiEFiiTural appearan." - of -itre Subdtvls loa-and Ene oatntanance of auch appearance. or*ners and thelr representatLvea or bullderi will be requlred to: (aa) Minlmlze dLsruptlon fron gradLng. (bb) Revegetate -and restore ground cover for eroslon and a?pearance ieasons. (cc) Uee lndlgenoue specLes of plant natertale as : establlshed by the Comlttle. (dd) Select the Dan-made eLements that blend and are coopatible wlth the land. (ee) Use existing or natural dral.nage paths ohen-ever posslble. (ff) Conserve and protect topsotl, rock foruatLons and unLque landscape featuree. (gg) Sod such areas as deternined by the Comittee. The Comittee ahall require complete landscapine plane. As part _of guch landecaplng plans,-each owner sirali Se iiquiiea to Bubm1t complete plans for the landscaplng of al1 pofcione ot the open Space Tract that are wlthln l0 feet of the p-erlmeter lLnes of such O$nerrs Building Envelope, and lt shall be.the obligatlon of such Owner t6 couplete'sucf -- Iandscaping of the Open Space Tract. The Onirers wlll be encouraged to make adequate pr-ovlslons for landscapLng costs i-n their overall constructton budget. (vi) WATER AND .SANITA,TI9N: Each srrucrure designed for occupancy or use by hunan belngs shall connect wlth iater and sanitatioD facillties made-available by UDDer Eaqle Valley l{ater and SenitetLon Dlstrlct or ani oiler attilar governmencal .or quas i- governsental erltlty. No prlvate wells anall De uaed as a source of water for huoan congr:Eptt on or Lrrigation. I I I I I I I I I I T ."utllilno "rtlt iliT:'*t placed rmdergrormd. (vlti) EASEMEMS r Easenents and rlght8 of way are hereby reaerved aa strown or degcribed on the fLnal plat- for the come-rcLal purposee and not to excEef, two Subdlvlslon. (ix) SIGNS: No signs, billboards, or other advertleine atructu:e -o-f-ity khd eEali be ;;Ee: """Iii"idi-;;--'-""i:lll1il9g o9 *y.Buildtng Envetope for any purpose wnaEaoever, except such siguo as have been'alpr6ved by the Corrrnlttee. (x) FENCES: Deslgn and locarLon of fencLng ehall be subnitted EoEA approvEd uy tne-comiti".-prio-i"t;*-- -- lnstallacion - (xl) TMSII: No trash, ashbs or other refuse ehall be t!,r9: _ or @-ed on any faia rtttrfn-ttre--SuUafvfefon.--fneie anall De no, burnlng or other dleposal of refuee out of doors. Each Osner shall provlde eultable receptecles for the tenporary, storage and- collectLon of reiuge- ""a-"ff-"""t receptaclea sh,all be placed ln enclosures attached to the Du1l,d1ngs 8o^that such receptacles ehall be screened fron Ene puDrlc vlew and protected frou dLsturbance. .(Tf i) _tMjiFqCK: No anirnale , .livesrock, horgea or pourEry ot any klnd (except doge, cate and other domestlcated pets for houeehold enJojhent, not for kept by an^Onrr-er s-o fgng ae such pete ai.KepE Dy en Lnrner so long ae such Deta are 1nI .gtireI Onuer) ehall 6e kept, rilsed or Subdlvls lon. ln number nay be not a nuisance to bred in the Subdlvle lon. . (T111), PITS: Household. pe_ts, - such as dogs aud cara, EuaE be contatned upoq. au Owner.s Buildlne EnveL6pe. Orneri uav not construct a fenced run on thelr Euildlng'Envelope. ftf"shall. not be allowed co reuaLn ried or ct"ii.a-i"nfi;;e f;--the Subd-lvlelon, and any per so rLed "r .t "inea-n'aii-b;- -- removed by the Aeeoclat1on or its agents. peaestiians accompanled by dogs wlthln the Subdlvlslon utrst have sald dogs under thelr dlrect control by uee of a leaeh not to exceed ten feet ln length. (xiv) TEMPORARY SfRggl\rRES !- No remporaly srrucrure,such-eg a Eis-fidgEEfflGobtle horni oi ient ehali 6e peroitted Ln tte SubdLvlsLon, except ae uay be aeierofnea to be necessary. durlng colstrucilo_n aira epeciirc.rii -a"Erroiiz"a by the comlttee in wrltlng and in accordance wtlh the regulatlons of the appropriate govetnDental_ entitles. _ -(xv) TREES: Treea neturally exletlng upon any Buildlns !;nverope -or upgn any Tract ehall not be cut , - trlm6d or reDoved fron the Bulldlng Envelope or Tract'witbout the prlor approval of the Cofuittee. - - (*yl) TELEVISION ANTENNA: Exrerior uounted, exposed ceJ,evrslon or radlo antenna w111 uot be peroltted w-lthln the Subdivlsion. Such antennae, if lnetalle'd, nuet Ue conceaiea froo publl.c view. (xvli)- $CRIENING: Fuel tanks, electrlc meters. garbase areaa, clothesl.i.nes, boats, comerclal trucke, trillere, - ce$pers, motor hones, ATV and Eecreational or'lnoperabii vehLcles, alr condltLonlng equipment, televislon ind radlo antennae and other related features irue t be screened or enclosed from vLew from surroundlng Bulldlng Envelopee and propertLes. I I I t I I t I t I I t I I I I -{1v+!t -WfSSESIglqr Spark arleatora are nandatory on arr cntumeya. _(dx) OIITDOOR LICmIEC:- A11 outdoor lltht{ng c@ea under . the Jur-fdiffcffifrhe Comlttee. -' . (xx) REPAIR OF VEUICLES r No work of autouotive reDair -sh:_t 1_ b e pEldfrEiFanjEFe-rrr rh in rh e s ub Ji;i;i;' ;*; #; * wl.En'.n Pr1vet€ gerages . ".,,ls.li"" ".t::"'"o-Daterl.als aud quallty _as princlpal bulldlnge. Greenhouses IIUAE De Constructed of perEaneDt materlalg and nuet be a part of the resLdentlal- a tructure or gerage ana-rnay oJt U" "free etandlng butldtng. ""ffilllu ffi "*1"::["":Tiii".o.r"to c.onpletlon and ahall be coopleted withtn tUe creivE----'EonEna ot comencement unles8 exceptLon ie granted ln.wrltlng by the Coinntlttee. . (nlfi) -NUISAI{CE: No noxLous or offene Lve actl.vLt be carrled on rlthin the SubdlvlsLon. nor eha1l anvt done or pernltted which ehall conetliute a ;ui;arr;6- y shall htng be thereLn. ,l (nlv) STORAGE 0F MATERIALS AND EeUIpMEg: ()*nerg and ccr^t;accor on EaEerlalg and equtpment otr the approved constructlon sLte duriDq the conatructlon perLod. It shall be neatly atacked. proierlv coveted and secured and le the responolblltty of'the Graei and the contractor. ornere and coitractoi" i,f f i noa - --- l*!yh dlo?g:,.trespaes or arore materiale or equLpEenr on other ownera' Bullding Envelopes,. on the Open Spade iract or on the Road Tract . lxxv) DEBRIS AND TRASII REMOVAL: Orrrere and contractore shat-I cIeaffi on Ehe constructlon Bite at che_ end of each day. Trash and debrLs ghall be reooved trom the slte at leest once a neek to the closeet soLtd wasce dieposal slte- approved by Eagle County. Owners-anO contractors are Drohiblted from duuplng, burylng or burnlng trash anyrehere iir the Subdivteion. I I t T I I I I I I (:<x\rilt) RESTORATION 0R REPAIR 0F OTHER pROpERTy DAIIAGEDT Pg.fg".or ' Ilnlted to other Bullding Euvelopee, the Open Space Tract.the Road Tract.and lmproiements iheieon, ditvewiys oi-oiui,lEprovementa l.a not perDitted. If any such d"rnage occurs,It w111 be repatred pronprly et rhe eipenee of tfie ptiso"'causing the sine. (xxlx) CONDUCT,AND BEHAVIOR: All Ornrers shall be responsibl6-lE6-Effiiil-ucr and behavior of rhelr "eent".repreaentatLves , lnvitees. builders, contractors anii subcontractora. 5, DMSION OF TRACTS. _(a), Each and every Tracr l.g her eb y d tvlilEt:TEE-EEEE-Ei1nd ivided int er e I t f n' eacl - ana - every (xxvli) _ PARKING AREAS ! Construction crews and other constructt on personnel 6ha11 not park on the 0pen Soace Tract o! use other Bullding Envelopes for parking pirrposes during construction. shalI be rEetoiEEE facilitlee fbr hts e for provlding adequate constructlon workers. and contrector sanltary (xxvl) SANITARY FACILITIES: Each Owner I I I I I I I I I I I I I I I I t I I Tract is herebv conveved. and nade -appurtenant to each and every one of tbe Butlding Eivelopee ae foiiJrsi--- Bulldine Envelooe 1 2 3 4 5 6 Appurtenant Percentage Interest ln each Tract Ltl .29 L4.29 ltt.29 14.29 L4.28 L4.28 L4.28 . (b) Each Bullding Envelope and lts aDDurtenant lntereat in the Tracts shall be Insiparable "na-iav-not le conveyed,- leased, devieed 6a gnslnrbsigd one rlthoui ttr. oiUer. A -tl?T?Ter !Y an Orner of legal rlrle_to all or any portion of a Eulldtng Enve-lope ehall automatlcally tranafer a- p;oportLooate lnEereat 1n- the eppurtenant Lnterest ln the Tractb. -No Lntereet l'n a Ttact by ltself may_be_granted, conveyed or asetgned by an qflner separate frou hie Buildlng Envelope.- (c) Each and every Tract sbaLl be onued ln comoo bv t!e. Ornere and shaU. rernatn irndtvlded. No Ormei sUiif -a-eit-iny rlght of parEltLon wLth respect to a Tract ana eactr- Orm;-;;nv;any and.all-rlghts -of-pertLtLon he rnay hold by vlrtue of. hls ormelshlp of an undivided interest l.n' the Tralte as e tenant iD comon with the pther Osners. - (d) Each Onner sha1l be entltled to use the Tracte in accordance trlth _rhe purposes for rrhlch they are fnte;dea; -wiah;r nrnoerrng,_ :.lnped'.ng or lnposing upon the rlghte of the other uuners and In accoralance wlth the rules and resulatlons duly estabLlehed fron tLne to tl'e by the AssoclatlSn, a" -piovfa'.a for herelnbelow. .q. EASq{EIT FoR ltsE OF RoAD IRACT: Declarant deslres ro provroe Eo eech Lrwner the rlght of ingreee and egreoa to hle Butlding Envelope from a pubric road ind Declaraf,i trertur-eiantg and. assLgns to each Ocaer a perpetual, non-exclustve eaelnEnt and r.lgnE ot lray under, ove!, across and through the Road Tract for the purpose (subject to rhe adninistration-of the Assoclatlon) of cons tructing , maLntainlng , _ repairlng , enlarglng and reconstructing a roadway thereupon providln! vEhlcular and pedesErlan tngress and egress betneen hls Buildine Envelooe and LLon'6 Ridge Loop, a public road located in Easle-County.'Colorado. The easemen_t and rlght of way hereb! granted'and aesLgned sha1l run nlrh rhe laid and shall be ipiurtenani -io each Building Envelope, such that a rransfer by an Ctirirer of leeai - Eitle to all or any_portion of a Buildtng- Envelope shall - automatically transfer q proportlonate interest in the easeDent and r'.gnc ot way granted and assigned herein; provided. however.Ehat no lnterest ln the eaaement and right of way granied and a.s s ign_ed . herein for lhe purpose of a roidway nay'bE dedicated to the publlc or-grenced to- a iron-ooner withoui thl prioi-wriiit,--consent of all Owners . 7 . AIUINIIIEATIIN 4ND l,tANAcEl{EM' oF TrrE TRACTS: The Tracts etra ri---Declaratlon, rhe arricles of incorporEtioir and the byu;; of the Aseociation. Each Owner ehall be i ueuber of che Asioclatlon and ehall remaln a nember tmtil be ceagea to be an Onner. Each member sha1l conply strlctly trlth the provielone of thls Declaretlon and of the artLclee of incbrporatLon end bylaws of the Assoclation. Each uember shall be bbr:nd by and shlLi couof"wlth rules, reeolutlons and declstone of the AisocfaifJn dui-y'-'made or adopted ln the Danner set forth in the Aseociatlonie'artlcles of incorporatlon or by!.awe. Such rul,es, resolutLons and I I I I I I I I I I I T I I t I I decisl.-one nal appll, without lfu0itatLon, to the control and uge or park'.ng argas located on the Road Tract tncludLne. rl.thout rlDrtatloD, the designa-tLon of epeciflc parking epaEia to be ueed 9y.:pecltr.c ulroers- to the exclusLon of uae by the other Olr[er8.!'at.lure of the nember to cofiply wlth such provlelone. rulea.resolutlons or deciglons shail-be growrde ior an "ciion-io-'r€cover d.egages o-r to obraln inJunEtlve relief, or boih, -- lral!'Ealnab.Le by the Assocl.atton on behalf of the other ormere or l-n a pr9per.caae, by an aggrLeved Onner. In additlon, the Asaoclatton's qyla-w8 Eay authorlze che Assocl.atlon, durine the P9r-lod ot any qellnquency, (a) to revoke a delinquenc OenCr r s rlght-to uee_ the Tracts and (b) to suspend a nenb-er, e votlng prlvileges 1_ however, no such euspeneLoir shall affect- ttre-ifitrte of a First Lienor - 8. MAINTENANCE AND REPAIRS OF TI{E TRACTS: The Tracrs and lnprovenen conaerved. manased.ualntaLued ( lncludlng, wlthout lLultatl.on, 'snorr removil ;d'--'randscape Eaintenance), repaired, LEproved and replaced by the $tg:ll!ig". However, if the need tb rneke such rlpatre oi --- I malntenance resulrs fron tbe. uegllgence or^ rnienir6di-";; of any Orner, hle famlly, agent o! invlte6. euch Owner ehall retnbrtrna '. Omer , hls f amily, agent or the Assoclatlon for all the a1l thg coats of repairl.ng such dernage and he other O*nerE for- all aiidlttonal l5sees tee, euch Owner shall reLmburee shall be llable to the other Owners for'all tional logeee or d.peges euffered, lncludlng reasouable attorneyas ia;;.------ -- 9. ASSESSMEMS FOR COMMO! EIPENSES: (a) Each 0nner shatl pay-hls-pr ees, 'wiib-Bu;hJ;o-;;;. anare ot each qwner to equal the undlvlded percentage lnt-ereet ln each- and every Tract appurtenant to such Owirer,g suildtne snvelope, as qpeclflcally set forth in subparagraph 5(a)-hereof. ,(b) T,he board of dLrectors (the "Board") of the Asgocl.atLou ahall flx, determine, -19W an-d collect annual'ana ef"ciai - as seaaments to be pald by each of the ormers to neet the co@on expenaea and to-creaEe a contlngency Eeaerve thelefor. prlor to Ene. begtnnlng -of -each_flsc4I year of the Aesoclatlon, the Board anall.- adopt a buatget for that year. The budget shall iuclude.but shall not be lrnlted to, an estLmate of Ehe costs of rnalntenence, repaLr and repiacement of the Tract8 and lmprovenents thereon, the cost of eervL.ces to be provided by the Assoc1atlon, the cost of insurance reqriired by paiasraoh l0' fergil, and propoeed capiral _expendLtrires. flre Uuafiet'straft lncrude an adequate reserve fund for the haintenancd. repaLre and repLaceDent of the Tracts and luprovements thereon, in oider that such- malncenance, repalrs and reilacement may Ue pifa foi -itrroiisn regular hstalhents rather than by special aseeesnent. For thE Assocl'ation's fLrst fiscar year, the iloard sha1l adopt the uuae.t et the first meeting of the- Board and deslgnate the hate of - -- comenceEent of the first annuaL assessment, wlth the costs for oaintenance, repairs and replacement of the'Tracta and iEprovementa thereon and any reserve fund needed therefor based _on a good faith eettmate of those costs, said est{mate may be based on the costs incurred by stntlar assocLatl.one tn thl general locale. Thereafter, the cost of uaintenance. repalrs and replaceoent and any reaerve fund needed therefor ehait UL on *r"bpsls_of the p,revious -year's co8ts wlth such adJuetmenta therefrom as rhe Board- considers approprtate. ihe budget shall also include the aurual. aaaeasment- lor- each Owner. SpEclal assesamenta may be levled wheneve! ln the opLnlon of the Board LE is necessary or advtsable to do so (l) to mlet increaeed operatLng- or maLntenance expense8 or coats, (il) to provlde for .addltional _capital expenses, or (tii) because of eneigenclee I however, if the propooed addltional capltal e:.Densea it any qlven Elue ere in exceas of 40 percent of the exlstiire budeet. sircF elpenses may be Lncurred only after the Owners,-by tEe vote of che Owners bearing at least 75 percent of the io6on expenaea.approve such expenses. A11 annual assessments shall be-based-upon an approved budgetl aLL other assessEents ehall be in I I I I T t ltemlzed star€oent for.n and shall set forth the detall of the varloug erpensea for shlch tbe assessnenta are belng nade. (c) The Board sball prepare and provlde to each Ocoer a statemeut for tbe annual a-eeesenent ani'any epecial aasesanent -agqlnst -hls Bulldlng Envelope. Annual aseLesieuts for the bualFeted_ c(mmon- qrpenaae ehall be pald ln quarterly lnstallmente,each euch lnacallmen! due and payable Ln ad-vance oi the flrst day of each calendar quarter, or n-orb frequent inetallnente ag may be deterulned by the Board. Speclal assesements shall be due anl payable as specLfled h the- Fritten notLce of such aasesaoent provided by the Board. (d) The Board ehall have the rlght to add to any Owner,s aaaegament, as provided ln this Paragiaph, those enouite erpended 9y the ^AssoclatLon- for the beneflt of any lndlvldual Onner, - including.but not llmlted to, flnes (puriuant !o rule adopied by the Assoctatlon), repalre and replacehente to the tracCs -ind/oi lEprovements thereon caueed by the neelisent or wlltful actd of luprovements thereon- caueed by the negligent or wllLful acts'of sald Owtrer. hls fanllv. sueot;- emoloieei - 1{cenneen- laorcac a , hls_fanlly, guestb, euployee-, l.lceneeea, les thlg Declaratlon or the AssocLatlon's bylaws. scrl.. r,'ust , rrru ^.rurry, tsuesEs, eEployeea, ItcenaeeS, leaageg or invlteea, and all other expendltu:es 6r charges provided for by thlg Declaratlon or the Asioclatlon!e trwlaon -I I (e) If any aaseaaEent ehall renain unpald ten days after the due date thereof, the Board nay LmDose i late charie on auch defaultlng Onaer Ln an amount equai to-1.5 percent of Such asaeasEent. Llkewleer_ a late ctiarge equal to 1.5 percent of the unpald asseaament roay.be lmpoeed on thi flrst day bf each calendar month thereafter e-o Long as such aeeessfrent shall be unpald. Failure to uake paynent-wlthln 30 daye of the due date thereof also shaLl cauee thL full anount of slch Orcner,s resular assesaEenta for the remaLnder of that year to become due anii owlng at once, at the optlon of the Bolrd. In the event it eha1l becoue necessar)r for the Board to collect any dellnquent asaeaam€nta, whethe! by foreclosure of a l1en herefuiafter created, by co-'nencing of g court, actton (whtch uay be brought by the Associatlon wichour waivLng the llen herelnaftlr createii) or'otherwise, the dellnquent Olrne; shall pay, in addition to th;asaessment and late charge herein provided, aII coste of collectLon, i.ncludlng a ieaeonable- attorney's fee and coete lncurred by the Board ln enforcing pa)noent. (f) A11 euns aeseseed but unpaid for the share of colmon expenaes aegeseed to any Building ilnvel_ope shatl constltute a lien on euch Bulldlng Envelope and appurtenant inrerest thereto in and to the Tracts in favor of che Aseociation plLor to all other liens and encr:robrances, except: (l) llens fbr general property taxeg and speclal asseesmLnte, and (ii) the-lj-en of any first Eortgage or first deed of trust of record encuoberlng such Buildlng Envelope. The Assoclatlon's Llen shell actach fr6n the date when -the unpald assessqent shall become due and nay be foreclosed by the AesociatLon ln llke menner es e EorEgaqe on real property upon the recordlng of a noclce or clalm EhEreof executed by a meober of the Board on behalf of the Asooclation setting forth the aDount of the unpald lndebtednese, che naDe of the Orfirer of the Bullding Envelope-, and a descriptlin of the BulLdlng - Envel.ope. If any euch llen ls recorded'by the AssociatLon, the Owner eha1l be requLred to pay the costs and expenaea of the preparation and recording of the Aesociatlon,e lLen, lncluding reabonable attorney's fees, or $150.00, whlchever ls greater. In aay such foreclosure, the Orrner shaLl be requtred to pay the co8ts and expensee of such proceedl"ngs, lncludlug reaeonable attorney's fees. Durlng the perlod of foreclosure,the Oclrer of the Bullding Envelope eubJect to sucb actloE shall be requlred to pey a reasonabLe iental- to the AseoclatLon. Ttre Assoclatlon shall be entirled to purchase the Bullding Envelope at the foreclosure sale, and to atqulre, hold, lease, -rnortgagb or "o":"t the same. I t I I t I I I I I I IO I I I t t T t I I I I I I t I I I I I (g) No (hrner ehall exenpt hlnself fron llabilLtv for p_ayuent of hls ehare of the com'non ejapenses elther by- rralver of gh9- rlge or enJ oyuent of the Trects or by abandoment- of hle nul.ro'.Dg EDvelope. _ (h) If lnvolvlng a firet Eortgage or first deed of tnrst.aare or tranoter of any Bulldlng Envelope as the reeult of couit foreclosure, foreclosuie througf, the public Eruoree. or any proceedtlg in lteu of-foreclosire, lniludlng the trineiei 6f a deed ln lleu of foreclosure, ahall extlagui;h the lien of such asseaaEents a.s to paynents Ehereof for periode prior to guch eale or .tra{rsfer-, but shall not relieve any -former Oiner of personal r.l.aDtrl.ty therefor. The mortgagee of such Butldlne EnvElooe who acqulres tltle by way of foreilosure or rhe taklns-of a deid in Ileu thereof, ehall not, however, be Liable for aiy asaeaanent for perlods prLor to the date of lts acqulrlng tltie and shall only become llable for assessments for derlod6 from and after the dete lt becoEea the Owner of such Build-ing Envelope.. No sale or transfer shall relleve such Building Envelope fron llabiliEv-foi any assessnents thereafter becoming- due or lrom the llen th6reof-In the event of the eale or transf6r of a Buildlne Enveloo! slth respect co which suns shall be unpaid by a defaulElnc OmLr.except transfers to a First Llenoi in cbnnectlon witfr a foreclosure of lts lLen or a deed in lieu thereof. the Durchaser or otber transferee of an interest in such unit stiall b:r foGal;and sevgrally ltable nith the seller or trangferor thereoi foi-'any such unpaid sr.ros . (1)- Upon wrLtten requ,est of any Onner, mortgagee,p:ospectlve Eortgagee, purchaser or 6ther piospecEiie iransferee of a Building Envelope, che AssocLatlon ehll1 iseue a wrt tten atateEent. a.etting forth the amount of the unpatd co@on expenasa,lf, any, wlth- respect to such Buildlng Envelofie, the aEount of the _current nonthly asaessmeDt, thb date-on whlch iuch aaaeasment became or shall becone due and the amount of any credit for prepald expelde_e. _Such stateFent, for whtch a ieasonabLe fee uay be cherg_ed, ls blndlng upon the Aesoclation Ln favor of any per.son who ![ay rely thereon ln good falth. Unlese a reque-st for auch ataleDent ahe1l be conplled nith rrlthin 20 days afder recel.pt thereof, all unpaid- colmon expenses whlch 6ecame due p-rior- to the date of oaking such requlet shall be subordtnated to the ll.en or other lnterest-of the pdrson requestLng such s tatement. (j) Any party in favor of whom a lien on a BuiLdlne Envelope has been created may buE shall jnot be requlred Eo pay any unpaid c-oEmon expense wlth respect to such luflatng Bnvil6pe,and upon such palmenc Buch perty shall have a lien on iuch Bullding Euvelope for the anount so paid of the sane rank. as the I j.en theretofore exlsting . 10. INSIJMNCE: Che onnera : (a) The AssocLation shall, on behalf of . . (1) ^provlde.and lgep ln force, for the protection of the Assoclation, lts officers and directore, ind a1l. the Owners and Flrst LLenors, general pubLlc ltability and property damage lnsurauce agatnst cLatme for bodliv in property danage lnsurauce against cLains for or death or Drorrertv danape occurrins rrDon o or death or property d"rnags occurrin ln llmlts of not lees than $1,000.00 st clelms for bodlly inJ ury uJrlng uPon or ln the Tracts, 00.000 for bodilv inlury or y inJ ury or vvv r vvv r.us.t vt deat! to any nunber of persons arlsLng out of oire aiclient o! dlsaoter, or for danage to propert!, and lf hlgher linlte shall-at_ any tLEe be custonary- to- protect agalnst tort liabillty. ouch hLeher lintts- ehall be-carrt tort llabillty, euch htgher o Protect agalnst posslble ts shall be carrledl (11) carry lnsurance Ln such amount as the AseocLation may conel.der necessary or advleable agaLnst euch other insurable hazarde ae hay from tl.ne to-tlue be comonly 1l t I t I t T I I I I t I I t I I I t I lnsured egafurst- Ln the caee of eLmilar property ln sloilar locatlons eleenrhere. (111) carry dl.rectore and offtcera ltability lnsuraace 1n such anounta aB the AeeoclatLon nay consl,der necessary or advl.sable. (b) A11 inguraace requlred to be carrLed under thls larag:aph.ehlll_1. carried -in favor of the Aseociation, ibe Owrels and all FLrst LLenors, as thel.r uwners an(r aII !''-rst Ll,enors, a8 their re8pectLve Lntereats mav gppear. EacF lnsu-rance pollcy shall provlde that no cancellation .rpp..ar. Eaco l[aurence pol'.cy thall provlde tbat no cancellatlon thereof-may be nade by tle iniurance iarrlar wlthoui ilnG;-iii;t g.lven 30 days' prl.or _wrltten notLce thereof to the AeeoclaEion,g-lven 30 dCys' prl.or irrltten notLcE thereof to tbe AeeocfaEfon the Osners aad alL FLrst Lienors. Each insuraoce poll.cy shall also contain a neeverabillty of lnterest' enaoieeu-eni, -itl"t provldes, ln case of vlolation of anv provlsion there;f bv i provldes, ln case of vlolation of any provlslon ttreieof Uv-in"Aasoclatlon or one or Dore (but leee- tiran all) of the thm6rs.that_ the .coverage of euch pollcy ehall be suspended ot lnvalldated onlt as to the- lnteiest of rhe Asioctatlon or the Owner or Owners co@ittlng the vlolatLon and not a8 to the interest of any other 0r*n6r. 11. APEOIIin4NT.0F ATTORNEY-IN-FACTT Each Onner by hls accepEance or ED,e deed or other conveyance vestLng ln hlo an lnterest ln a BulLdlng Envelope doee irrevocably Eonstltute and appolut the Assoclatlon with full power of eubefltution as blJ-true and Lawful attorney ln his naie. place and steed to nanare.control and deal wlth hi.e lnterest tn the Tracto ao ea to pertfi the Assoctarlon to fulftll all of ite and rhe owners I dutlle.oblLgatlons and rlghta herermder end, wLth full power. rtehi'and authorlzation to execute, acknowledge and dellvei any'conEract,Lnetruuent of conveyance, proof of loss, release or 6ther instrrueut affecting euch lnterest of.the Onner. and to take any other actlon, whlch the Assoclatlon may coneldei neceeraare or advieable co tive effect to the provisione of thie Declaritlon.If requested to do so by the Aeeoclation, each Owner shall execute and de ll.ver a rrLtten instrurnent conflmlng such appointuent. nre actlon of the AssocLatLon in setElinE any claLm rith resp-ect_ ro the- Tracts shall be fl.nal and blndlng 6n ait Orners. No Owner ghall have any rlghte agal.nst the fesocLatLon or any of_Lts off,lcers or directore-wlth iespect thereto .xcept in case of fraud or gross neg!.igence. 12.- QUALITY 0F WORK: Any repairs, renovatLon or le8toratlon of the Tracts or iEprovementg thereon by the Assoclation aa attolney- ln- fact- for the Ormers shali be done ln euch manner as to make the Road Tract or the Open SDece Tract at Ieast as valuable after such work as lt was ioilediately before the occurrence requ{ring the t'olk to be done. 13. PROPERTY FOR COMMON USE: The Associacion may acqulre and hold fffif aLl Ownere real DroDerEy. aa long as such real property is purchased at a forecloiurb sai6,and tangible and lntanglble peieonal property and uay diepose-of the. same by sale of otherwlee., and the b6neficial lnt'eresi in any such- property shall be orsned by the Owners in the same proportlon as their respectlve Lnterests in the coumon expensea anl shall not be transferable except with a transfer of L Butldlne Envelope. A transfer of- a Building Envelope sha1l tranifer to the transferee ,owrrerehip of the trinsferorl s beneflcial Lnterest in such_ property wlthout any reference thereto. Each Owner nay use suctr property in accordance w.lth the purpose for whtch lt Le intended, without hlndering or encroachLnl uion the larrful rishts of the other Owners. The Eransfer of tltle to a Bulldine pnve!9p9 under forecloeure ehalI enrirle rhe purchaser t6 the beneficlal interesC tn such ploperty aeeocLatLd hrlth the foreclosed Bulldlng Envelope. LL I I I T I t I I I I I I I I T I I t ^"uo"ll;.* , Ili".,LLcense or perml.r the use of,-by lest than iU Orrnere'or 6"-'non-Ooners and trlth or wlthout iharge as cha Agsociatl.on uiy deeu deslrable, any portlon of the Tracti or Lmprovements tt Jreoi Ji-any Bulldlng- Eavelope owned by the AssocLatloB. The rlshts graqted to the A8sociatLon in rhls paragraph 14 shall oilv be used ln the pronorLon of the collectlve-beit fnreitei of-'tt l-unlleta. 15. RECISTRATION BY OWNER OF MAILING ADDRESS: Eaih Onoer shall. regt d;;";;;--except for nonchly etatem6nts and othEr routtne notfcee, afi'notlces 63 6apend8 lEtended to be eerved uDon an Owner ihaU be s.ent^certlfisd mrpil r postage prepaid, addrLesed tn the nane oi Ehe uwner at such reglstered nalllng addresa. Al1 notices,demands or other notlces lntended to be served upoo the Assoclation shall be sent certified nail, postagl prepald. to the addrese of the Association as designated-lir the"byiaw-" oi'ttr. -- AssoclatLon. 16. EFFECT AND DIIMTION OF DECLAMIION: The condltLono,;e Sf;iCf -.O ellenEg ttt0 "O""OaIlC"contalned hereln ehall be for the benefit of.and bLndlnq uoon egch ang every part of, the Subdivlsion and each owner, f,ii'h-lre,peroonar Tep:egentatLves, aucceosore and aesLgns and shall contlnue tn full force and effect untll Januaiy 1 ln the year 2007 A.D., and thereafter for successlve puttoi" oi- tO--veiis-each, unlese chLe Declaratlon durlng any iuch perlod ie'teroinated, as_provided herelnbelowl by-recordld instruEent ol.recE'-ng terElnatlon. L7 . AI{ENDMENTS r The condLtlons, restrlctl.ons, -s tlpul a tioi-s-ft5T@r Lons, agreeEenCs' a"a - .o"enanrs conralned heleln shall not be abandoned, termlnated or amended exceDt bv trritten consent of 75 percent of the Owners and 75 perc"r,'i oi'the Flrst Ll.enora, except (1) thac the provisions of pajraeraoh 6 and subparagraph 9(a) uay be abandoned,- ternlnated or aneidei onlv upon sgch approval of all Owners and aII First Lienorsl end (ii) 9!?9.91 . provleione.o{ leTqgap! p and subparagraphs 4(a),4(i)(l), 4(i)(ti), 4(t)(lilt ai:d 4(t)(iv) hereln irav b6 " abaldoned, terminated,or aoended only upon obtainlni the additlonal approval of the town of vitl. 18.. EFTFCT OF,PROVISIONS OF DECLARATTON: Each provieion of this oecraration and a@anc, uniertakins to comply nlth each provlsion of this Declaratlon and any neceesirv exception or leservation or grant of tltle, estate, right or interest to effectuate any piovlsion of this Declarattin: - (i)shall be deeued lncorporated in each deed or other instruoent'brr whlch any rlght, tltle or interest in any Bulldine EnveLooe or ' Tract ls granted, devised or conveyed, wirether or not Bet'forth or referred to ln such deed or otha! lnstrumenE I (it) shall. bv yf!!99 of acceprance of any rlght, tirle or inrerest-in any'Buildlng EnveLope or Tract by in Owner, be deemed accepted'.retlfied, adopted and declared ea e personal covenant bt euct Owner and, as a personal covenant, ehall be btnding on such Owrer, hls heirs, personal lepresentatlves , succesiors and a-as1gna, -and shalL be deemed a personal cove[ant to, wtth and for the beneflt of the Association Lnd of each Owner I aira (fif) shatt be deemed a real covenant by Declarant, for itseif, it;auccea.6or6 and assigne and also an equitable servliude running,In each case, a8 a burden with end upon the title to each and-'every Building Envelope and Tract. 19. ENFORCEMENT: _ I!r_ addltion to any other lighrs granted herein, if-anyEG; 6haII violece or thleaten to ilolaEe any of the provtslons of this Declaration, lt shall be lawful for thL Assoclatlon, the Connlttee or any Owner to insEitute proceediuge I I t3 I I I I I t I I I I I I I I t I t I I at law or In equity to enforce the provlsious of thLs Declaratlon, to rebtraLn the persotr- violating or threatentnE to violace them, and to recover ilamagee, actual-and punltlve. ind costs togetber wlth reasonable atiorneyr s fees foi euch vlolatl.oue I and ln the eveDt of a vlolltton or threatened vlolatlon of Paragraph 3 or eubparagraphs 4(a), 4(i)(i),4(r)(it), 4(1)(ttl) br 4(i)(iv)'herEinl--it "rt"ir be-iairiul for the town of Vall to enforce such proviilona as otherwise aet forth above. _ - 20,. GENERAL I (a) If any of the provistons of thig Decl.aratlon-o! any p-aragra_ph, aentence, clause, phrase or rord,or .the applicaElon theleof lq any cLrcuostance be lnvalidated,'such -Lnvalidlty shall not affect the validity of the renalndei of thle Dec-laratlon, and the appllcatLon of any- euch provlsion,paragraph, sentence, clause, phrase or word- in any'other clrcuoseancee shall not be aflected thereby. (b) Whenever used hereLn, rmlegs the context shall othenrise provl.de, the slngular nunber shall lnclude the plural.the plural the slngulaa, and the uee of any gender shall includi arl genderg. EXECITTED effective ae of the _ day of _, 1987. LAl.tAR CAPITAL CORIOMIION, a New Jereey corporatl.on BY: TOIIN OF VAIL, COLORADO BY: ATTEST: , Town CIE-F STATE OF CoLoRADO )) ss. COI'NTY OF EACLE ) The foregoing inetruueut wae acknolrledged before me thls _ day of , l-987, by Mlchael Laurerlach. ae vtce ?re-Eideirt of-ffiiiGlEET-coiporitii,", a New Jersey corPoration. Witness ny hand and offlcl-al eeal. My comleston explres : Notaly Public I4