HomeMy WebLinkAboutELK MEADOWS RESUB OF PART OF PARCEL A LIONS RIDGE FILING 2 PART 1 LEGAL/rLT COPT Law Office of
Arthur A. Abplanalp, Jr.
L.L.C.
Post Office Box 2800
Vail, Colorado
81658-2800
€lk Ae,J" s
Telephone:
970.476.0300
970.476.6500
Telecopier:
970.476.4765
E-mail: Art.Abplanalp
@earthlink.net
08 June 2009
Mr. George Ruther, Director
Town of Vail
Depanment oi' Communi [y Dcvcluptticl'i
111 South Frontase Road West
Vail CO 8165 7
Re: Elk Meadou,s Special Development District
Dear George:
This Office represents Buffehr Creek Vail, LLC ("BCV"), and its pnncipal, Mark Kalkus.
BCV is the orvner of Lot 1, Lia Zneimer Subdivision. The BCV property lies in a generally
rvesterly direction from Elk Meadows Special Development District, most of rvhich is ou'ned by
Mr. and Mrs. Bradley Tjossem, and which they apparently have been attempting to develop since
approximately 1987.
Mr. Kalkus recently has become aware of the possibility that Mr. and Mrs. Tjossem may
be considering an application to increase the allowable gross residential floor area for the
residences in Elk Meadows and to relocate at least one of the lots rvithin that SDD. Mr. Kalkus
has requested that I advise you that he is interested in working with Mr. and Mrs. Tjossem
cooperatively if any change to Elk Meadows is proposed. We have communicated that desire to
1\{r. 2nd Mrs. Tjossem. as well as our helief that any such application r.vill be enhanced if there is
communication between them and Mr. Kalkus going into the process. As we all knorv, too often
applications find their way into the Town of Vail land use regulation process without
communication with adjoining property owners. That lack of communication can create discord
not only between the parties, but also within and before the Town officials, boards and
committees through whom any such application is processed. We hope this problem can be
avoided. It has been my observation (and almost cerlainly has been yours) that communication
and cooperation between an applicant, potentially affected parties and the Town significantly
enhances the possibility that the result of any proceeding is both expedited and more likely to be
consistent with the expectations (or at least the tolerances) of all concemed. We would like to
r.vork tou,ard that end.
Physical Address:
Suite 301
Vail 21 Building
472 East Lionshead Circle
Vail. Colorado
81657
In the event contact is made with the Town related to any change in the land use
regulations governing the Elk Meadows Special Development District, we request that the Town
contact Mr. Kalkus through the address found below and that the Town contact this Oflice
advising us of the pendency of any such application. Mr. Kalkus and I hope that we may have
the opportunity to work cooperatively in association with any such effort.
If you have any questions, you may contact me.
Thank you for your attention to this matter.
xc: Buffehr Creek Vail LLC
2 Peregrine
Littleton CO 80127
OF VAIL
17 VA|L ROAD VAIL, COLORADO 81657 970-476-5686
Torvn of VaiI
Po Box 100
VaiI CO 81658
Dea.r Si-r or Madam:
FirstBank of VaiI agrees to extend the
for an additfonal two years. Al- l- terms
renain the salrre, except the expiracion
to November 3C, 2011, Afl drafts must
Nowedber 30, 2011.
November 30, 2008
RE: Letter of Credit: No. 859-8169
In the amount of: ${9,500.00
For the accoilnt of: Tiossem,
BradleyR&susanL
Expiration Date: Novefliber 30, 2011
above mentioned Letter of credit
of this Letter of Credit shalf
date, which j-s hereby extended
be negotiated no later than
If you have any questions regarding this matter, please do not hesitate
to contact me at 970-4'19-3307.
s i nce rel- y,
f,Lr.'''--t A \----
Adina D Dean
senior Vice P re s i-dent
ADD,/ nwp
Page I of I
Bill Gibson - Elk Meadows, SDD #16
rQt
From:
To:
Date:
Subject:
Bill Gibson
btjossem@slifer.net
OU09|2O07 L:27 PM
Elk Meadows, SDD #16
Hey Brad,
The Town of Vail Department of Community Development has reviewed Section 7 of Ordinance No. 17, Series of
1990, and determined that the prqrisions of Special Development District (SDD) No. 16, Elk Meadows, have not
expired. This SDD is still valid and applicable to the subject properties.
Sincerely,
Bill
Bill Gibson, AICP
Town Planner
Town of Vail
75 South Frontage Road
Vail, CO 81657
(970) 4t9-2r73
(970) 479-2452fax
file://C:\Documents and Settings\Administrator\Local Settings\Temp\GW) 00001.HTM 02/0912007
I-TBA]K
OF VAIL
17 Vail Road
Vail, CO 81657
(970) 476-s686
"LENOER'
P.o. Box 2975 vail, co 81658
TR-EP}IOIIE NO.
EXTENSION/
MODIFICATION OF
IRREVOCABLE
LETTER OF CREDIT
75 South vail, co
TELEPHONE
'{O.
ADDRESS
Frontage Road
81557
IDENfIFICATIOT O'
8s98169
CUSTOMEF
Bradley R. ,TjoEEeD SuaaD L. TioEEeD
EXPIHATION DATE
This Letter ol Ctedit has been exlended and shall exPire uPon the
earlier oti
1. 'the close of business on
l{ovenber 30, 1997
and all drafts and accompanying statements or documents must
be oresenled to Lendsr on or betore that time; or
2. the dav that Lender honors a draw under which the full amount
of this Leiter ot Gredit is drawn
ADDRESS
I.ExTENsIoNoFLETTERoFcRED|T.Lenderindicatedabovel''Lender'')he]ebvextendsan|'revocab
the accouni ol customer in tavor ol Beneliciary lor tt'" "ut or r"itty-tfriti!f,nti--ind no/ f oO
3.oTHER'A||otherlefmsandconditionso'this|rrevocab|eLettero|creditsha||remainthesameexcepl:
Letter of Credit establishsd al the request and tor
Dollars ($
Fort
Dollars
Dated: Noveeber 3O, 1995
LENDER: FiratBank Of Vail
EXTLOC (0/94)
T-TBA]K
OF VAIL 17 VA|L ROAD VA|L. COLORADO 81657 303-476-56a6
November 30, 1993
Town of Vail
75 S. Frontage Rd.
vail , c0 81557
Attn: llike Mollica
RE: Letter of Credit #859-8169 for
the account of Bradley R. and
Susan Tjossem daled November
30, 1,990 in the original
amount of $50,000.00, s ince
rnodified to $49,500.00.
Gentlemen :
We have agreed to extend the above nentioned letcer of credit for an
additional twenty- four months. The terns of the letter of credit shall rernain
the same except that the expiration date is hereby extended to Novernber 30,
1995 and ell drafcs must be negotiated no later than November 30, 1995.
If you have any questLons regarding this, please do not hesitate to contact
me,
'sty,
Vice Pres ident
TAs/ks
T-TBA]K
OF VAIL 17 VA|L ROAO VAIL. COLORAOO 81657 303-478-5686
n':n,t DEC 4 1992
November 30, t992
Town of Vail
AEtention: Mike Mollica
75 South Frontage Road
Vail. Co 81651
RE:Letter of Credit #859-8159 for
the account of Bradley R. and
Susan Tj ossern dated Novernber
30, 1990 in the original
amount of $50,000.00 s ince
urodi f ied
Gentlemen:
We have agreed to extend the above rnencloned leCter of crediC for an
additional twelve months. The terns of the letter of credic shall remain the
same except that the expiration date is hereby extended to November 30, 1993
and all drafts must be negotiated no later than Novenber 30, 1993.
If you have any questions regarding this, please do not hesitate to contact
me.
Pres idenE
MRR/km
Executive Vice
t-TBAI{(
OF V\IL
November 30, l9 91
Town of Vail
Attention: Mike Mollica
75 South Frontage Road
Vai1, CO 8L657
RE: Lecter of Credit *859-8169 for
the account of Bradley R. and
Susan Tj ossen dated November
30, 1990 in the original
anount of $50,000.00.
Gentlemen:
We hawe agreed to extend the above mentioned letter of credlt for an
additional twelve nonths. The terms of the letter of credit shal1 renain the
same except thac the letter of eredit amount is hereby reduced to $49,500.00
and expiration date is hereby extended to November 30, L992 and all drafts
must be negotiated no later than November 30, 1992.
If you have any quescions regarding this, please do not hesitate to contacc
me.
Execucive Vice President
MRR/km
ni..'il rr:i 'i 0i3gi
17 VA|L ROAD VAIL, COLORADO 81657 303-476-5686
FILE COPY I
lnwn
75 touh lrontEe rcld
vr[, colortdo E1657
(3fir) 47$438
(3Cr) 47$'2139
olffce of communtty deuelopment
July 10, 1991
Brad and Susie Tiossem
P.O. Box 2975
Vail, CO 81658
Re: Elk ileadows Subdlvlslon
Dear Brad and Susie:
As a follow up to our last telephone conversation, and a letter I addressed to you on April 19,
1991, enclosed is a refund check in the amount of $500. This relund is for your application
for a Special Development District amendment, which was submitted to the Community
Development Department on June 25, 1990. At your request, we are relunding the application
fee and the SDD amendment will be considered withdrawn.
lf you should have any questions or comments on the above, please do not hesitate to
contact me at 479-2138.
Sincerely,
h1/. /4"u;
Mike Mollica
Assistant Director of Planning
lab
Enclosure
o "';i i Fl lt.t
"i,." t I
F,TBAI( il Ylb'o.ls?*
",u.,
7s.south frontage road
Edi,il'i51!i,s'u.'
PAYFIVE-HUNDRED DoLLARS AND NT] cENTs
T./OsSEH, BRAD P. o. Box 2975 VAIL, CO €tI65A
,:"it- - t
07 / t1/?,0674A5
TO
tnE
ORDER
OF
n.OE ?Lg 5il.r: lo r to-tEE
rr trJr r* *.r+t{.J{.50 O. OO
Oll?rF
.i o o
o FILE C0PY
75 south frontage road
Yail. colorado 81657
(303) 47$2138
(303) 479-2139
office ol communily development
April 19, '1991
Brad and Susie Tjossem
P.O. Box 2975
Vail, CO 81658
Re: Elk Meadows Subdlvlslon
Dear Brad and Susie:
As you are aware, your submittal for an amendment to the Special Development District for
the Elk Meadows Subdivision has been placed on hold by the Community Development
Department. Your application for this Special Development District amendment was submitted
to our department on June 25, 1990. The application was scheduled before the Planning and
Environmental Commission on August 27, 1990, and at that time the Planning and
Environmental Commission, at your request, voted to table the amendment proposed for an
indefinite period. Since that iime, no action has been taken on this application.
Due to the volume of submittals currently before the Planning and Environmental Commission,
and because your application is substantially incomplete at this time, we request you withdraw
your application and resubmit when your redevelopment plans are complete and finalized.
Should you agree to withdraw your request at this time, please submit your request in writing
to me, and I will see that your $500 application fee is promptly retunded.
lf it is your desire to proceed to the Planning and Environmential Commission with this
application, please contact me as soon as possible so we may meet and discuss the
deficiencies in the submittal materials.
\B:I
Brad and Susie lossem
April 19, 1991
Page 2
I would also like to brlng to your attention the fact that your two inevocable letters of credit,
one in the atnount o1941,25A and the other in he amount of S15,500, both of which are with
the First Bank of Vail, are sdreduled to expire on May 1 , 1991 , and May 1 6, 1991 . respect-
ively. Due to the short fuse on the expiration on these letters of credit, please contact me as
soon ars possible to discuss your plam for the completion of fie subdivision improvemenb.
My telephone number at the Community Development Department is 479-2138. I look fonrard
to hearing from you.
Sincerely,
ful& n,h
Mike Mollica
Senior Planner
lab cc: Kristan Pritz
Mark Ristow
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17 VA|L ROAD VAIL, COLORADO 81657 303-476-5686
DATE:
AUOI'NT:
NIJMBER:
EXPIRATION:
November 30, 1990
$s0,000 .00
859 - 8169
November 30. 1991
't "r_t l- +L^
courp l iance
of Vail on
"Bradley R. Tjossem and Susan Tjossem have
not completed the construction of the
improvements in Elk Meadows subdivision
pursuant to the approved p1ans. "
This Letter cf CreCit replaces anC voiCs thcse Let.ters cf Credit No.
anounts of $15,500.00 and 941,250.00.
We hereby agree that drafts drawn under this Letter of Credit and in with the terms, shall be promptly honored if presented to FirstBank or before Novenber 30. 1991.
ly,
f,TBA]K
OF VAIL
IRREVOCABLE LETTER OF CREDIT
Town of I'ail-
P.O. Box 100
Vail , CO 81558
Gentlemen:
We hereby oPen our Irrevocable Letter of Credit in your favor available by your
drafts drawn on the FirstBank of Vail, 17 Vail Road, Vail, Colorado 81657, aE sighc for any stm noc exceeding the roral of FrFTr rHousAND AND 00/100 ($50,000.00) on the account of Bradley R. Tjossern and Susan Tjossem.
Each draft musE bear upon its face the clause, rrDrawn Under Letter of Credit No.
859-8169 daced November 30, 1990 of FirsrBank of Vail, Vail , Colorado.,, The
amount of each drafc which is negotiated pursuant to this credit, together with the date of negociation, must be endorsed on the reverse side of the Letter of credit. Each draft xnust be accompanied by a statement executed by the Tovn
Manager stating the following:
MRR/kn
Executive Vice Pres ident
a (o
lliU u' nr ir .-r v tCJl
:l -'
MiK€ Mol rrCA-..
i\tub\x-c-ta Hr. Ho.{-e-i}
cornPrrc rnLbe-" % th&
iori S \ no,.-R_ arno\,\nt .
auaanr f5xun,
I
I
o
' , ! /.r,, ,, ,
Mike Mollica
Senior Planner
Vai I Community Development
Dear Mike,
We are requesting your approval to reduce our current letter of credit
for SDD#16, Elk t'leadows, to $26,524.00 from the current amount.
This change reflects a substantially reduced amount. It is due to the
advancements in road technology that B&B Excavat'ing knew about and have
used successfully for years. B&B's proposal was accepted by Inter-Mountain
Eng'ineering's Jeff Spanel and Town of Vail Engineer' Greg Hal1.
Phase I of the roadway re-construction and paving has been completed.
The new letter of credit will cover Phase II of the roadway and a second
fire hydrant for the development.
Si ncere ly ,)'er\bc\-r\ J2tc)>Scrn
Susan Tjossem ()
Elk Meadows |hns"fr -#zzozl'^J -rr1 .1500. /;1 l/^*4
f 2b,52-1.o3
:
,r
o
,7
,?
t, lf? /
/0, tl71
41, zso,
/Sr too,
56,750
Q) A*-"t*t t. o,C. fr #so,dz,v.i W
B&
Colorado
B D(CAVATING,C.
Drawer 249 c Vatl,81658 . (303) 949-5889. (303) 926-3311. Fax (303) 926-2344
QUOTATION
TO. Brad and Susie Tjossern DATE:8-7-90
bx 2975
Vail, C1). 81658
JOB NAI\4E: Elk titeado$/s Subdj-vision
;9g4r,g*, Lions Rj-dge Loop
ATTN:
For your consideration we offer the folloudng quotation which if accepted shall constitute
a contract between us:
1). Excavate E)<istjlg Roaduray platform to a 18" depth, 30 feet wide.
2). Recsnpact excavated area to 95% standard procLor.
3) . Instal-I nrarifi 600X stabilization fabric.
4). Place and reccnpacE, excavated nraterial to 95% standard prrctor.
5). Shape subgrade to proper ]jnes and grades
6). Place and ccrnoact 6 inches class 6 roadbase
7) - place and ccnpact 2 inches grading ''E" asphalt to a 22 foot width.
8) - rnstal I asFha'l t dri ve,ways to lot 4 (390 Sg Ft.)
9) - F]r-tanrd pxi qf ing nrlrrert 1O feel- i f npcpssary-
10) . P]ace 38 feet of L8" cul-vert across roadlay if necessary.
Cost of phase I area = S 19853.00
Cost of phase II area =$ 22O24.0O
Total- cost r and rr = $ 41877.00
This project will be scheduled upon receipt of accepted contract. Please sign in the space
provided and return the original to us.
This quotation subject to conditions as shown on rev€rse side hereof.
SUBM ACCEPTED:
BY:BY:
POSITION: Division Manaqer DATE:
ldlnter-Mountain
1]\t'"gineering'd.
September 1'/, 1C90
Elrad Tjnsgem
Box 2975 Vail, CO 81651J
tte: Roadway investigation
Tract Z, EIk Meadows iiubrlivision Project No- 90198G
Dear Brad,
I have reviewed tlre proposal from B & B Excavating, Inc-, to
eonetruct the roadway in 'l'ract 2 of the Elk Meadows Subdivision.
This lel,l,er is written aL your request r a6 a foll-ow-up to our
invest,igation perfonned in May 1990.
The contractor's proposa] is to over-exeavate a 3O-foot
road plabform to a depth of 18 inchee, compact the surface of the
grouncl t.o S15% of its standard Proctor densj-ty (ASTM D-698),
install a -iayer of Mirafi ErOOX stabiliaat.ion fabric and then
replace bhe 16 inches of subgracle in compacted lj-fts- The
roadway will be constructed of 2 inches of asphalt on 6 inches of
conpacted aggregate base course.
This p'ropogal exceeds the minimum recommendat i-ons for an
interrnediat.e sol.ution for the construction of the roadway
conbaineti irr our report - Our experience has shown that the use
of geoLextiles in similar applications has greatly reduced the
incidence of localj-zed road failures. Ihe fabric wii-1 aLso help
in blidging the unclerlying fil1. However, it will not efiminate
the risk of futur.e settlements (refer to our original- report).
In closing, I would nrake a coupfe of additional
recornnrenclat ions. First, the asphalt thicknesg should be a
minimunr of 3 incheg- The Asphalt Institute doee not recomnrend
that asp'halt paving be inetalfed aL thichneasea less than 3
inches- (lourpael,ion testing should be dons on alL of the fill
material -
Box No. 978 . Avon, Colorado 81620 r 94$5072 Denv€r 893.1531
1420 Vance Street . Lakewood, Colorado 80215 r Phone: 232-0158
.:.-1 --.._
of further assistance, please do not hesitate
Sincerely,
JMti : c"j n
cc: Chip Bair, ts & B
Bracl 'I j oseern
Paee 2
Septenrber 17, 1990
90198G
If we can be
to ca.Ll
SFanel-,
dent
NOTICE IS HEREBY
PUBLIC NOTICE
that the Plannlng and
o
CTVEN
o
Env ironnental
t ComnissLon of the Town of Vail will hold a public hearLng ln
accordance vith sectl.on 1g.o6.060 of the munl.cipal code of the
Town of VaiI o(r August 27, 1990, at 3:00 p.nJin .*=..---
l,[unicipal Building. Consideration of:
the Town of Vail
1.A request to apply an underlying zone dlstrict of(pqlf]of Pt1bl 'w*Acconmodation all of Ipt 4 and l,t 7, Block 1,Vail,zlionshead Third Fillng, a subdivleion recorded I 221 at Page 992 of the Eagle County, Colorado, Clerk an Recorderrs records, part of l.ot c, Uorcus Subdlvlslon, a subdivlslon recorded ln Book 255 at page ZO of the faile Counlyr Colorado, CIerX and Recorderrs records, belng Dore . particularly described as follows:
Beglnning at the Southeaat corner of Lot D, Morcus subdivleion, thence N 22'Bg'41" tt a dlatanci-"i'1s9.oi-fcet;thence S 83'25'.15" !{ a dlatance of 68.2g ieet;-thence N 16'17-21" w to the southerlv rteht-oi-r"vtii". of lreet Lionehead circle a dratance oi re5.se-ieeti trr"""" along aald aoutherly rieht-of-sray an "". dl."tanea of ioo.Sl r.rt.iioni-i curvo to the left, eaid curve havlng a central angle of ?9:gf'07", a radiuE of 892,00 feer ind whoee long chord bcara N 57c48'28" 8 a dietance of 199.83 feet to a point of reveree curvature; sald^curve havlng a eentral a'gre ;i-46rr6ii:,:';-radirra of, 239.00 feet and whoEe long chorE u.""" N 6g.38-62.g a dl'etance of 196-11 feet to a pornt 6f reversi curvaturc; thance contlnuing along aaid right-of-way an arc dlatance of 46.n2 ieit,a central angle of 15'18'91.,, a radiue of 2OO.OO fect and whoae rong chord bears N 86'09'26" E a dietance of 46.3? feet to a polnt of, reverea eurvature; thence contLnuing an arc dl.atance of ?1,-32-fcet, a central angle of o?o4?'o2", a i"Jin" of 52s.o0 fcet and whoae long ehord beare N ?s'86'29" E a dlctanca of 7t.2? fcet to a polnt of, reverae curvature; thencc 22:59 fcct alonf the irc'of a curve to the rlght wlth a cantral angle of g6.1?t0r,*,; ---
radlua of 15.o0 feet and whoae long cbord bearc s 6s.og;ai.:-E .dlatance of 2O.bL fq"g; thcncc conflnul.ns .torri thc wactt"fv- -
rllht-of-wav, ltnc of Ltonahead ptace 83.5? fccf, alone thi-a;c of a curvs to the rtsht wtth a eantral an8lc of 29.00'06',, a radluc of 1?1.00 fcet and whoca long chord bcarc S OSaOO-OO- i a -
dlctsncc of 82.74 f99t to a point of rcvc!.cc curvaturc; thcncc contlnulnr_along aald rlght-of-way ll,nc alorrg a curvc rlth an anc dlatance of 71.30 fcet, t ccntnal-anglc oi C7.oatiz.,, i-r"aiua oi 110.00 fcct and rhoae long chord bcaia S-igagl;O9., E a dtetancc :F.?9.99 foct, to tho_nor-honly oorn.D olla.i g, UAll4.longhoad .Thlrd F'trtng; thsncc s 40.00,06,, t{ a dt;tarGa oi ias.aa-ac;t;--thcncc s 02'56'61" E to the couthcagt cornar of gald Lot 4 a dLctanca of 130.?6 fect; thence s cc.za;oo;-w-=;-utngance of 3o.oo !.q!; thcncc I76.1.1'00;.t{ a dictanca of t35.el tiit; ihao",8 e8'24'oo" tJ to ths Southwelrt corne! of cald ,.ot 4 i dlstancc of ?-2.29 fcct to thc polnt of Beglnnlnli, contalninl 1O2,66g sEuarc fcct or 3.5 acrca Dorc or lec!. t ./
/Itul/zl I o4/o'-y'a"*'t- t-^ g/^ /'^''.Y/ 'U FILT CIIPY
33i,i.i"ffi iifr : i:llI,'1"*:ii':1"ili"ilH1"::i:i":'"H c, l{or-us sulatvlston, a subdlvlsion recorded in Book 255,
at Page ?O of the Eagle County, Colorado, Clerk and
Recorderrg recordg letng nore-partlcularly descrlbed as
follows:
Bcglnntng at thc southrteaterly corncr of aald !,ot D thence N
1g'1?'21" E I dlct"ncc of 399.60 ieet to the Southcrly rfght-of-
way of l{act Llonchcad Clrclc; thence along eaid Southerly rtghgl
of-ray an arc dlctanoE of 160.10 along a curva to thE left' aaid
curva havtnS a radiua of 392.00 fcet, a celtral an6lel of
81'{2'30" ana whoac chord bbara N 86r,34'47" E a dlatance of
15E.Sg f,eat; thcnce S 16'!?'21' E I dlstancc of 165.59 fcct;
thenca N 83'gg'Eg.' E a dletance of 63.29 fcet; thcnca S
22rgA'4L"E a dlatancc of 159.02 feet to the Southsaetcrly oorner
of eald lpt D, thence S 66'24'00" ll along Southcrly lot llne-a
dlstanca of 216.00 teet; thence S 16o17'00" 8 a dlstancc of, 3-15'
fcEt; thencs S ?3'42'g?" W to Southwoeb corner of !a1d Lot D a
dlstanee of, 26.69 fbat to tha point of beglnnlng contatnlng
68,861 .19 tguars fcst or 1.58 acrcs lrota or lcag.
Both propertl.es know as ?15 t{est Llonshead circle (fbe
Marriott Mark Resort).Applicant: il-F CorlPoration
2. A request for a naJor subdiviEion, to approve
the preltlrlnary p1in, a request for a variance to tbe
naxLnun height-for retaining valls, and a reguest for a
varl.ance to-the maxiuum percent grade f,or a road, on a
parcel connonly referred to as Spraddle Creek' an
lpproxirnate 4o-acre Parcel- located north and east of the
Ull.n Vall I-70 lnterihange and east of the Spraddle Creek
llvery. Cornmencing at the Northeast Corner of the Southeast
Ua oi the Southwest ya of -section 5' Toltnship-S South, -Ringe 8o lfest of the ottr princlpal llerldian, P"flg an Eag1e
couity Brass cap properly uarked and setr -rith all bearlngs
contained hereiir Letng relative to a bearinE of s oo 1lr oox
E betneen the Northeait Corrrer of said Southeast !/4 of the
southwest L/4, and the souttreast corner of said southeast
L/4 of the Southwest L/4 being an Eagle County Brass cap
pioperly marked and seti said Northeast corner of the -sou-tfrea-st V4 ot the Southwest, L/4 being the Point of
Utgin"i"g; 'thence S OO 1tr OO B along itre-east llne of sald
Soittreasf L/4 of the Southwes1- L/4 of Sectlon 5 a dlstance
of 1320.14 feet to the southeast corner the eaid southeast
L/4 of the Southwest L/4 of Sectlon 5i thence s 89 47r 48rr W
aiong the eouth llne o-f eald Southeast L/4 of the Southwest
l/4 6f Sectlon 5 a dietance.of 9O1.OO feeti thence N 73 48!gi" W along Interstate 70 Rlght of Way line-a distance of
2L4.L2 teef; thence N 66 52r 12' tf along said Right of l{ay
llne a dl.stance of 241.1o feet to a poLnt on the weBt llne
oi satd southeast L/4 of the southwest L/4 of Sectlon 5i
ttrence N oo 2or 31n lil along the vest line of sal.d southeast
3.
L/4 of the Southvest, L/4 of Sectlon 5 a distance of U61 .65
3ff t"::"t"*:Pg3itr5i'lr.ifn'* i:t"e;:"t{oo3i,ln3.n
properly narked and seti thence N 89 4l.r l2rr E along the
north Ilne of eaid Southeast L/4 ot the Southwest 1/4 of
Sectl-on 5 a dlstance of 1331.07 feet to the Polnt of
Beginning. Sal.d real property containLng 39.55 acrea, Dore or less.Appllcant: ceorge Glllett, ilr.
A reguest for an exterlor atteratlon on Lot C and Ipt D, and
the eouthwesterly 4 feet of lpt B, all ln Block 5-8, Vall
Vlllage lst Fl.ling, 227 Brldge street (Covered Brldge
Bulldlng).Appllcant: Hillie of snownats, fnc. and Bruce Ann &
Assocl.atea.
A reguest for a naJor anendment to SDD No.
15, part of parcel A, Lionsrldge Subdivlslon, Flllng z. (The
Va1ley Phase III)Appllcant: Brad & Susan TJoesen
The appllcations and infotmatlon about the proposals are
aval-lable for public inspection ln the Courounity Developnent
Departrnent office.
Town of Vail
Connunity Development
Published in the Vail
Department
Trail on August 10, 1990.
July 30, 1990
Kristin Pritz
Mi ke Mol'l i ca
Town of Vail Community Development
Dear Kristin and Mike;
14e have reviewed our options regarding SDD #16, Elk t4eadows Subdivisjon.
we had proposed an amendment, reducing the length of the.roadway-within
Tract 2 of the recorded plat,'i n exchange for consjderation for 2 access
points along Bufferh Creek Road into Lots l and 2 of the subdivision' The
access into Lots l and 2 are Steep enough to require extensive and costly
road construction and/or bridging between Bufferh Creek Road and the
building envelopes. Structural requirements for any building constructed
on thes6 lots through bridging may be cost prohibjtive for perspective
lots buyers or home builders.
Reiognizing the alternative of major road constructjon within Tract 2
for the piivate-roadway accessing existing Lots L,,2,3, and 4, we therefore
request the addition of lot, or building envelope #6, to be located at
approximately, (see map), the Southeast corner of the proposed Cul de Sac
at'tf'e east lnd of Elk ttleadows Subdivision. The redistribution of GRFA
will rernain within the gross limit of 16,000 square feet, unless an
jndjvidual purchaser or-bujider chooses to add an employee housing unit,
not to exceed 400 square feet over and above his underlining GRFA assigned
to that indivjdual lot. The underly'i ng redistrubutjon shall be as
2,700
2,500
2,500
2,530 (existing)
3,070
2,700
fol I ows :
you.
Lot #1
Lot #2
Lot #3
Lot #4
Lot #5
Lot #6
Please call us with any questions. We look forward to hearing from
Respectful ly submi tted,
frt Srcicl ? Out-sM-
Tjossem's , Bird Legs and Susie
741- s?5o
x 12oz
1a
Mike Mollica
Continuation of Letter July 30, 1990 t\V. Meodo\Atg
The following steps will be taken after initia'l support from the
planning department and Planning and Environmental Commission is
gi ven:
An engineering report regarding the rockfall hazard mitigation
for Building Envelope #6
Final landscape p'lan revised.
Survey and Plat redrawn
Covenants, Conditions and Restrictions changed as they apply
to the number of Building Envelopes and GRFA.
ST
Srualr.q- 3.(€S\RJm\()
'
DtrtrMRTMtrNT @F tr@MMUNITV DtrVtrL@FMENT
XXXXXXX sALEs AcTroN FoRM
ACcouNT #. TOTAL
AMOUNT
01 0000 41330 COM. DEV. APPUCATION FEES
1 0000 41540 ZONING AND ADDRESS MAPS
1 0000 42415 1988 UNIFORII BUILDING CODE
01 0000 42415 1988 UNIFORI.I PLUI,TBING CODE
r 0000 42115 1988 UNIFOR}I MECHANICAL CODE
01 0000 42415 1988 UNIFORII FIRE CODE
I 0000 42+15 1987 NATIONAL FI trCTNICAL CO
1 0000 42415 oTHER C@( BO
1 0000 41548
01.0000 42+12 XERox coerest/ sruDlEs
1 0000 42371 PENALry FEES / RE_|NSPeCION
r 0000 41322 OFF HOURS TNSPECTION FE
CONTRACTORS UCENSES fEES
t 0000 41330
0l 00oo 41413 .SIGN APPLICATION
o a
.:
't:ti'
I
o
IHTER-OEPARTI'IENTAL REVI El.|
.\
Fl r ,PP.otzCtz ,bfK l4cdow<
DATE SUS|.IITTED: (O.25'?A DATE OF PUBLIC HEAFING 1'23.?O
CCI'!'4ENTS IIEEoED Byz I.7,70
ERIEF DESCRIPTTON 0F THE PR0PoSAL: Slb
/'-Ma
-'ofik
----- 'Tt-Ccnents:/^ rr C t ' A({v"vS,S%
. ,'/ lJobtarn frvaJ;- s \'"^ Sch,"{3:.r S** Z!+oo - 3,.rcro -':\ T>r, V , , I
Revier.red by: Oate__
t t.{
\l
REGi!3]:iOX DEPARTT.::NT
Da te Revie"red.by:_
Co;--"ents:
Ameudnrat *tr
Comnents: -\, | | A+ r I Lo+ Z h,,s anh ..t\",>r_ 4, Zb% t .ho,*n,^t ,. C-\*l(' t t r N".+A H* hos t\ 1/o,t of 4o7..
.
z) P-rt,. t.r-l., +1 Jr;4 I " e^cow(qf Li^^.'+: * . I
,\;::-F":'; ; fi-Ii-tr,', H3,;; ;"x:"'J;',,,-:l'Ni
t-'J1- "',o-tl :+ft(A ?*f,, 1n hout a^(- a-cc/.st por^{ (*h.l h^, ltrr" q"r*,f,t, , *l^a^ lr/s hor:n^t .L, $
,r*orrr.^r,,,111tt
d'\) p"J'^ i"* I
-,p'" ''0 ,yubh^^ ', nI l.:,'r^r' $:"fu*H' J i
coments: ' a) aL p,T-b t,*GW"r^'^r, zs, L1_)). J/. ,ttr "{4k L-r *o.? *n!rynl;h*^ ' i d,tor^"r^ r.s , / ln/r,_/ ll* rooJ *,7..{^, L.l z N
,7, ,' lto, la,l,_ +L voa)o_,i L L.+ | o^l \
,0.., o_J$.rng,"yll [r^- is zst l,*-a t)2*c ",{ Apt*..11 {
o
pp.ottctz ,Ftl( f4eeJawr
DATE SU3I'IITTED:b.25 . 70 DATE OF PUBLIC HEARING ?'ZI.?O
CCl",i'l'ENTS }IEEDE[) B\z 1.?'70
BRIEF DESCRIPTION OF THE PROPOSAL:tbD fimealnen{
DnRt lc L!nDY<
\n ,.'
N*0
through the Architect. The Architect will have authority to act on behalf of the owner only to rhe "ii""t p.o"ij"a in the Contract Documents, unless otherwis" lioiif,"O oy wntten,nstrument in 2.2.18. accordance with Subparagraph
2.2.3 The Architect will visit the slre at intervals aoor<_r_priate to the. stage of construction to r"niiri"riru h"i'#r"rr gengrgttf rvirh rhe progrcss and quality of rhe Wor'k ana ro oerermrne.rn general if the Work is proceedine in ac-cordance w.ith the Contract Documenis. H;;;%;: ;.Archirect rvil.l not be required to make "it "rrlluu-Ji'."n-nuous.on_stte inspections t9 ch.e5k the quality or quan-tity of the lVork. On the basis of his on_site observaiions as an architecr, he will keep rhe owner r"ti_"J'.i il.progress of the. Work, and wjll endeavor ,o *u.J ii,.uwner agdrnst delects and defrciencres in Ihe Work of the Contractor.
2.2.4 The Architect will not be responsible for and wjll
1gt luvg conrrol or charge of .onrtrr.tion .*^;;';;i;_oos, lechnrques, sequences or procedures, or for safety
fl",.r.ltl"l: and, programs.in connecrion with rhe Work,and ne \4,t no_t be responstble for the Contractor,s failure to carry out the Work in accordance with the C"nir..t Documents. The Archirect will not be ,"rpo"iiUf"-io, o.have conrrol or charge over rhe ,.,i .i "LJirl.I., .i',rr"
:1111:,"r, subcontraclors, or any of their agents or em-
p.royees, or any other persons performing-any of the Work.
2.2.5 The Architect shall at all times have access to the Work wherever it is in preparation and progress. The Lonrractor shall provide facilities for such accEss so the rlrcn[ect may perlorm his functions under the Conlracr Documents.
2.2.6 Eased on the Architect,s observations and an evalu-
l,l"l ."f I he
.
Con r rrclor.s
.
Applicat ions fo, eaymeni, the n rcntrect tr,r detcrmine the amounts owinf, lo the Con_tractor and wrll issue Certiticates for payirent in such amounts, as provided in paragraph 9.4.
2.2.7 The Architecl will be the interpreter of the require-ments of the Contract Documenls and the judee of Ihe performance thereunder by both the Owner "?-C"n_tractor.
2.2.8 The Architect will render interpretations necessary for the.proper execution o, progress of the Work, wlrh reasonable promptness and in aciordance with anv iime trmtt agreed upon. Either party to the Contract may make wntten requesl to the Architect for such in terpretjtions.
2.2.9 Claims, disputes and other matters in question be_tween the ContrJctor and the Owner relating to tf," e*e_c_utron or progress of lhe Work or the interpretation of the Contract Documenrs shall be referred initiallv t; ih;Architect for decision which he will render ;n wrltinl within a reasonable time.
"..2.10 All interpretations and decisions of the Architect shaI be consistent with the intent of and reasonably in-ferable from the Contract Documents and will be in wriG ing or in the form of drawings. In his capacitv as inter_preter and. judge, he will endeavor to secure faithful oer_lormance by both the Owner and the Contractor. will'not
show partiality to either, and will not be liable for the
l!l.ytt. ot any interprerarion or decision ,"na"i"J in"g"oo tarlh in such capacity.
2.2.11 The Architect,s decisions in ntatters relating ro artistic effect will be finai if consistent with the rntent of the Contract Documents
?:^r:r, l"!, claim, dispute or other nrrrrer in quesrion r,etween the Contractor and the Orvner referred to tne
1i:-h1,:.! excepr those relaring ro arrrstic efiect as pro_vro€o In subp,trJgrrph 1.2.1 | and excel)t those which have oeen walved by the m.lking or ac(eptJnce of irnal pay_ment,as provided in Subparagraphs ti.g..l and y g.i, {nr De suorect to arbatrJtton upon thc lvritten demand of er-the.r party. However, no demand i"l' u,tiiiotion oj'oiy"ru.tl claim, dispute or other matter may be made uniil- th"earlier of (1) the dare on rvhich rt,o ir.t,ireit-h"s luniur"o a wrirten decision. or (2) the tenth dry ,ir"i rn"'plr-t,.,nave presented Iheir evidence to the Architect oi hu\u been given a reasonable opporruntty to do so, ii the Archirect has not rendered liis rvritren J""iion-'Uu tfr"t date. When such a wrirten decision of the archlieci 's
ta res (1) thal the decision is fjnal but subject to opp"of,'onO (2) that any demand for arbitratron "t', .t"i,",'isprr" or'oth€r mauer .covered by such Oeclsion- musi 1;;"""rvirntn rnrrly days.lfter the date on which the fitrtv mak_ing the. demand receives the r,vrirten decision, i"ii ,ru ,o demand arbarration rvithin said rhirly days, p".ioJ i*ii r"_sult in the Archirecr,s decision becom,ns'f ,ni ionJ biiains upon the Owner and rhe Contractoi lf tf,e nilnitecr renders a decision afler arbitrdtron proceea,ngs traue teen aniriated, such decision may be enrered a, Juia"ni" 6rr will. not supersede any arbiiration proceedings rnt"r, ,f,"decrsron is acceptable lo all parlres.oncerned.
2.2.13 The Architect will have aurhoriry to rejecr Work which does not conform to lhe Coniract O'o--"ntr.Whenever,_ in his opinron, hc con:iders ii ";;;;;;'",aovrsJbte tor the implementation of the intent of the Lonrract Documents, he will have authority to require special inspection or testing of the Work in'"..ordjn.e with Subparagraph 7.7.2 w-herher o, not ,r.t, -Wor[ i"tnen tabflcated, installed or completed. However, neither
t h-e .Arch itect's authority to .act under tf-rii SrUpr,.gr"pr..r z.z. I r, nor any decrston made by him in good faith either lo exercise or not to exercjse such authority, shall eive rise to any duty or responsibility of the archirect to"ih.Lonlractor, any Subcontractor, any of their agents or employees, or any other person performing oni-oi- ttu Work.
2.2,14 The Architect will review and approve or take other appropriale action upon Contracior,s iuUmltfais such as Shop_ Drawings, product Data ""a S.rpi"r,"O"t onty lor contormance with the design concept of the Work and with the information givJn in the'Contracr Documents. Such action shall be iaken with ,""ron"bL promptness so as lo cause no delay. The Architect,s ao_proval of a sp_ecific item shall not indicate approval-Lf an assembly of which lhe item is a componeni
2.2.15 The Architect will prepare Change Ordcrs in ac_cordance with Article 12, and will have authority to order minor changes in the Work as provided in Subparagraph
12.4.'t.
AIA DOCUMINT A2OI
AtAc . @ t976 .. 6€NERA|. CONDTTIONS Of
THE AM€RICAN INSTITUT€
THT CONTRACI Of ARCHTTECTS,
rO_R_ COIISTRUCT|ON . THIRTETNTH ED|T|ON . AUCUST 1976 r735 Nrw y()RK AvENUE. N.rv., wAsHlNcroN. o.L. rrioii
4207-1976
June 25, 1990
Kristin Pritz
Mi ke l,ilol I i ca
Department of Community Development
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
Dear Kristin and I4ike;
We are pleased to have finally completed the subdivision process of
Elk Meadows. The plat is recorded and we are under'way with our house.
l^le sincerely appreciate your assistance, support and patience with us duri ng
th i s 'l engthy ordeal !
It is with great trepidation that once again we enter the frigid
waters of ordinance and regulations in order to amend the recorded plat of
El k lvleadows Subdi vi sion.
The current subdivision includes a roadway known as Tract 2 which
accessed Lots 1,2,3 and 4 within the subdivision. During the final stages of the approval process, it was determined by the Town of Vail engineer,that in fact the roadway did not meet construction specifications necessary for final approval of the subdivision. At this stage, we were required to
l iquidate various investment accounts in order to bond over the improvements
required for final approval . The fina'l plat had to be recorded in Eagle
County for us to ultimately recieve a building permit. The roadway as it exists, you wi)l recall was il1egal1y constructed. It has been suggested
by menbers of the Town Council, as well as by members of the Planning
Cormission that we abandon the road, and access the subdivision by way of private driveways, d'i rectly off of Buffehr Creek Road. tlle believe as do
most of you in the planning departrnent, that the ambience and natural
beauty of the valley is compromised by the existence of the roadway, which
according to specifications must be rebuilt and paved to a width of 22 feet plus 2 foot wide shoulders on ejther side, also a 50 foot diameter cul-de-sac
must be bu'i lt at the end of the roadway, further disrupting the aesthet'ics.
These requirements for access to 4lots within the subdivision are
un reasonabl e .
Our request is simple. l'Je wjsh to replace approximately 225 feet of
exist'i ng Tract 2 paved roadway w'i th open green space, reduce the'length of the existing roadway by almost half, allowing for a private driveway only,
accessing Lots 3 and 4. According to Town ordinances, a private driveway
may be constructed to a width of only 12 feet, further limiting the impact of major road construction. l,le are request,ing that the planning staff
recommend the addition of a road cut allowing access to Lots l and 2 individually or one in common. Buffehr Creek Road is not a through road
and traffic is minimal .
l,'le wrongly assumed, the roadway within Tract 2, which we in effect
"inherjted", would meet construction specification, it did not. If you will recall, shortly after we purchased the Elk l'leadows parcel, we
unilaterally decided to remove a major section of the orig'inal subdivjsion
roadway in an attempt to improve the integrity of this portion of the
Valley P.U.D.. Our intent from the beginn'i ng was to remove as much of
the Tract 2 roadway as was practical for the development of thjs parcel.
Now that ineffect we have no road, our goal is to further increase open,
green space, and amending the plat to reflect this. If reconstruction of the existing roadway is our only a1 ternative, we will request the
additjon of two buildjng sites to the subdivision.
It is incompatible to construct a major roadway, 26 feet wide and
a 50 foot djameter cul-de-sac within the existing Tract 2 roadway, thus
diminishing the desireability of the original beauty and aesthetic appeal of the subdivision. The existence, by ordinance of Special Development District # 16 by defjnjtion states: "The purpose of the special development district, is to encourage flexibility and creativity in the development of
land, in order to promote jts most appropriate use I to improve the design
character and quality of new development within the Town; to facilitate
the adequate and economical provisions of streets..., to preserve the
ace area For these reasons, we
you w or an ir.rt to the p1at.
s ubmi tted ,
8ra nd Susan Tj ossem
Date of oppri.oion
ffi',
APPLICATION FORM FOR SPECtrAI, DE\IEIO
DISTRICT DE|\IELOPI'IEIr{T PLAIiI
This procedure is required for any project that
the Special Development District Procedure.
fhe application will "ot,be acce
NrPrrc+NT :$sr Z
A. NAI.IE OF
ADDRESS
NAI.IE OF APPLICAI{T|S
ADDRESS
I.
all information is subnitted.
PHONE ?6-Ktf
B.REPRESS{TATrvE
PHONE
c.AUTHORIZATION OF PROPERIY OWNER
D.LOCATION OF PROPOSAI
ADDRESS
LEGAL DESCRIPTION
E. FEE $500.00
frupc+ b
PArp flO. op3x 1.?. ?O BY
F.
wrno
A List of the n+ of owners of
Subjgdt P+ePerty ait\ their nailing
(ed rccseP)
II. Four (4) coPies of the following irformation:
A. Detailed written/Sraphic description of proposal .,C: An environmentil inpact report sh511-.be submitted to the zoning ' administrator in accordance with chapter 18.56 hereof unless waived,
by Section 18.56.030, exemPt projects;
C. An open space and recreational plan sufficient to meet the d,emands
generated by the development without turdue burden on available or ProPosed public facilities;
lmJ'14? - 5',7-' o
/1"702
vcrr-l, Co PH)NE +1b%
L*
a-rl property adjacent to the
addresses.
(ovER)
\
Application fofpecial Development Distria DeveloPment Pran
Existing contours having contour jntervals of not more than five
feet if ttre averag" "iop" of the site is twenty percent or less,
or with contour iiteroais of not more than ten feet if the average
slope of the site is greater than twenty percent'
D.
E.
F.
G.
A proposecl site plan, at a acale not emaller than one Lnch eguals
iiilv'iEet,-stowing -inl
"ppt"xirnate locations and dimensions of
aII buitdings and structures, uses therein, and all-prll9iP1+ :i!:,aE""fopr.ttt-f"utrlt.il-in n "i l-tdt"aPed areas, lecreational facili-
ii"r, iedestrian plazas alct_wal.l5ways' service entries, driveways,
ana oti-street p"ifing and loading areas with proposed contours
after grading and site development;
a preliminary landscaPe Plan, at.a scale not srnaller than one inch
;qir;i;-iity- t""I, -str'"wii.g existing landscape features to be retained
;; ;a;.Gd,-and showing pioposed landscaPing and lanclscaped site -E.r"fopr"ni features, sulh ls outdoor recreational facilities'
Uicycfi paths, tiiifs, pedestrian plazas and walkways' Tater features
and other elements;
prelisrinary building elevationsr sections, and floor Plans, -at..-.tir" not smaller-than one-eighth equals one-foot' in sufficient
detail to determine floor arear gross-residential floor area, interio
cii""f"tion, lociiions of uses ritttitt buildings, and the general
scale and appearance of the proposed development'
III. Time Requirements
The__ptanning anil Environmental conuuission neets on the 2nd and 4th
U";a;t;;i--6actt roottttt. An aPplication with the necessary accompanying
i.-i.iiif -must be sr:bnitted foG weeks prior to the date of the meeting
NOTE: It is recorDnended that before a special developnent district application
is subnitted, a review and comeni neeting should be set up with the
DepartEent of Corurunity Developnent.
'4-q a7.ft
r o^l
|2
,a \?'
Y l,
\ru
\.,\
SUBDI VIS ION IMPROVEI.IENTS AGREEI'IENT
by
the
THIS AGREEtlEi,lT, made and entered into this /t Oay of June, 1990,
and between BRADLEY TJOSSEi.l AND SUSAN TJOSSEl.1, (hereinafter called
"subdivider"), and the T0WN 0F VAIL, (hereinafter called the "Town")
I.J ITNESS ETH :
WHEREAS, The Subd'ivider as a condition of approval of the final plat
of Phase Three of the Valley, a portion of Parcel A, Lions R'i dge Subdivision,
Filing No. 2, Town of Vail, Eagle County, Colorado (hereinafter called the
"Plat"), wishes to enter into a Subdivisjon Improvements Agreement; and
WHEREAS, the Subdivider is obligated to provide security or collateral
suffjcient in the judgement of the Town to make reasonable provisions for
completion of certain public improvement set forth in Exibit A attached
hereto and incorporated herein; and
WHEREAS, the Subdivider wishes to provide collateral to guarantee
performance of thjs agreement, includjng construction of the above-
referenced public improvements by means of the following: An irrevocable
letter of credit, or cash escrow in the amount of $56,550.00, which shall
provide the security for the installation of a fire hydrant within the
Subdivisjon al an approximate cost of $4,500.00, building of and compacting
a road frorn the eastern edge of Lot 4 to and including the turn around
at the east end of Tract 2 at an approximate cost of $41,250.00, and then
paving said "Road" at an approximate of 510,800.00 if there is a default ',
under this Agreement by the Subdivider.
NOl./ THEREF0RE, inconsjderaticn of "uhe following mutual covenants
and agreements, the Subdivider and the Town agree as follovts:
1. The Subdivi der hereby agrees, at its sole cost and expenses,
to furnish all equipment and material necessary to perform and complete,
on or before May 10, L992, or upon the issuance of a Second Building
Permit within the Elk Meadows Subdivision, whichever occurs first, in a
good workmanlike manner, all public irnprovements as shown jn the final
plat documents for the Subdivision in accordance wjth al1 p1 ans and
specificatjons for the Subdivision filed'i n the office of the Community
Development Department, the Town of Vail, and to do all work incidental
thereto according to and imcompliance wjth the following:
4e71g6 E-53O p-9A7 Ae'/A7/9n 11:51 F,G 1 OF 5
JDHNNETTE F.HILLIFIS EAGLE COUNTY trLERK. COLORADO
REC
e5. Ora
DOC
a. rao
a. All final plat documents submitted prior to or at the time
of fjnal plat approval .
b. All laws of the United States of America, State of Colorado,
or Town of Vail and its respective agenc'ies, affected
specjal districts and,/or servjce districts.
c. Such other designs, drawings, maps, specifications,
sketches, and other matter submitted by the Subidvider to
and approved by any of the above-referenced governmental
entities. All said work shall be done under the inspection
of, and to the satisfaction of the Town Engineer, the Town
Building Offic'i al , or other officjal from the Town of Vail,
affected special distrjcts or service districts, as the'i r
respective interest may appear, and shall not be deemed
complete until approved and accepted as completed by the
Town of Vail Community Development Department.
2. The estimated cost of said work and improvements is the sum
of $56,550.00. s=-,^dqrJ ,A lgo,da,r 7... G.y Haay',
/f /
To secure and guarantee performance of its obligations as set
forth herein, the Subidvider agrees to provide security and collateral
as follows: An irrevocable letter of credit from First Bank of Vail
in the amount (combined) of $56,550.00 on a form acceptable to the Town
Attorney, which shal 1 provide the securi ty for the above work if there is
a default under this Agreement by the Subdivider.
3. The Subjdvjder may at any time substitute the collateral
originally set forth above for another form of collateral acceptable
to the Town to guarantee the faithful completion of those public
improvements referred to herein and the performance of the terms of
this Agreement. Such acceptance by the Town of alternatjve collateral
shall be at the Towns's sole discretion.
4. The Town shall not, nor shall any officer or employee
thereof; be liable or responsible for any acc'i dent, loss or damage
happening or occurring to the work specified jn th'is Agreement prior
to the completion and acceptance of the same, nor shall the Town, nor
any officer or employee thereof, be liable for any persons or property
'i njured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the Subdivider.
The Subdivjder hereby agrees to indemnify and hold harmless the
Town, and any of its officers, agents and emp'loyees against any
losses, claims, damages, or liabilities to which the Town or any such
of its officers, agents, or employees may become subject to, 'i nsofar
I
A6/A7/9@ t I:51 4e7t"€ B-=3A F,_g67 F'GEOF5
,'
as any such losses, claims, damages or liabilities (or actions in
respect thereof) that arise out of or are based upon any performance
by the Subdivider hereunder; and the Subdivider shall reimburse the
Town for any and all 'legal or other expenses reasonably incurred !y
the Town in connection with investigating or defending any such loss,
claim, damage, Iiability or action. This indemnity provision shall be
in addition to any other liabi'lity which the Subdivider may have.
5. It is mutua'lly agreed that the Subdivider shall not apply to
the Town for release of part or all of the collateral deposited with
the Town until all of the improvements are constructed in compliance
with all plans and specifications as referenced hereunder.
6. If the Town determines that any of such improvements as
contemplated hereunder are not constructed in compliance with the
plans and specifications set forth herein it shall furnish the
Subdivider a list of specific deficiencies and shall be entitled to
continue to withho'l d collateral to insure such compliance. If the
Town detennines that the Subdivider will not construct any or all of
the improvements in accordance with aIl of the specifications as 5et
forth lierein, the Town may give the Subdivider written notice and
unless such improvements are completed within a reasonable period of
time based upon the amount of work necessary to complete the
improvements the Town may withdraw and employ from the letter of
credit or from the cash escrow such funds as may be necessary to
comolete the above descrived improvements.
7. The Subdivider warrants all work and material for a period
of one year after acceptance of all work referred to in this Agreement
by the Town.
8. The parties hereto mutually agree that this Agreement may be
amended from time to time, provided that such amendments be in writing
and executed by a1l parties hereto.
9. This Agreement shall be enforceable against the Subdivider
providedn however, that in the event the Subdivider sells or transfers all of the Subdivision, as shown jn the fjnal plat, the obiigations of
the Subdivider under this Agreement may be assumed by the purchaser. of
the Subdivision and Subdivider shall have no further obligations
hereunder. It is agreed, however, that no such assumption of these
obligations shall be effective unless the Town gives its pnior
approval to such assumpt'ion, fol'lowing an investigation of the
financial condition of the purchaser.
10. It is further agreed that the Subdivider shall at all tirps until the acceptance by the Town of the roads offered for ded'ication
in the Subdivjsion, give good and adequate warning to the trave'l ing
public of each and every dangerous conditjon existing in said roadvlay
J
n6/A7/9A 11:51
/h
4e7le6 8-530 F-967 F,630F5
and will protect the trave'l ing public from It is understood and agreed that until the completioAof al I the
improvements herein agreed to be performed, the ro shal I be under
the charge of the Subdivider for the purpos
STATE 0F C0L0MD0 )) ss.
COUNTY OF EAGLE )
Thg.jforegoi 49 Subdi vi si on Improvements Agreement was acknowledged
betqre [re^ thjs /Y day of June, 1990 by Bradley Tjossem and Susan
-..-f. .\_: ;' )
IJO'6Sem^r-,,'J ,' . -!:.--:'-1*;-t- :1 :-i .lrfitness my.*hand and official seal .
-1,.' '. ]''.$1,.c1rmission expi res on:
r{ah
Y
lJ//,ru*)l.6La.l,wau;
Pameta A. Erandme$er' Nobry PtJblic
Mv Commission ex9ires Aug 5' 1992
75 S. Frontase Road Vail, CO 81657
pG4UF5
such dangerous condition.
4e7L?6 B-534 P*967 A6/A7/9A 11:51
STATE OF COLORADO
COUNTY OF EAGLE
)) ss.
)
The foregoi ng ,Subdi vi si on
before me this l€ day Qf
as 76utp /4 *l*iT and /l*a-t
Improvements Aqreement was acknowledqed )r'. . , tglo ny Eompt /./irctls
' 4. Bc*ulatrreP as lg+e+arf of the
Town of Vai i.
l.litness my hand and official seal.
cormi ssion expi res on:
+E7 le6 E-gg@ p-g6z A6/AZ/9@ tt:S1 tr6soF5
toqn\bl<
(
nr
ah
t-TBAIK
OF VAIL 17 VA|L ROAD VAIL, COLORADO 81657 303-476-5686
IRREVOCABLE LETTER OF CREDIT
DATE: June 1, 1990
AMOUNT: 941 , 250 .00
NUMBER: No. 1367
EXPIRATION: June 1, 1991
Town of Vail
P.0. Box 100
Vial , CO 81658
Gentlemen:
we hereby open our Irrevocable Letter of credit in your favor available by
your drafts drawn on the FirstBank of Vail, 17 Vail Road, Vail, Colorado
8L651 , at sight for any sum not exceeding Ehe total of FORTY ONE THOUSAND
TlJo HUNDRED FIFTY AND 00/i100 ($41 ,250.00) on the account of Bradley R'
Tj ossern and Susan Tjossem.
Each draft must bear upon its face Che clause, "Drawn Under Letter of Credit
No. 137B dated June 1, 1990 of FirstBank of Vail, Vail, Colorado. " The
amount of each draft which is negotiated pursuant to this credit, togethel
$rith the date of negotiation, nust be endorsed on the reverse side of the
Lecter of Credit. Each draft rnusE be accompanied by a statement executed by
the Town Manager stating the following:
"Bradley R. Tjossem and Susan Tjossem have not
completed the consEruction of the improvements in
Elk Meadows subdivision pursuant to the approved
Plans . "
We hereby agree thaL drafts drawn under this Letter of Credit and in
compliance with the terms, shall be promptly honored if presented to
FirstBank of Vail on or before l"1ay 1, 1991.
S incerely ,
'netw
rdrk n. RisEow
Executive Vice Pres ident
MRR/km
t-TBA]K
OF VAIL
IRREVOCASLE LETTER OF CREDIT
17 VA|L FOAD VA|L. COLOFADO 81657 303-476-5686
DATE:
AMOUNT:
NUMBER:
EXPIRATION:
May 16, 1990
$ 15, 500. 00
1367
l4ay 16' 1991
Town of Vail
P.O. Box 100
Vail, CO 81658
Gentlemen:
hle hereby open our Irrevocable Letter of Credl-t in your favor
avallable by your drafts drawn on the FirstBank of Vail' 17 Vall
Raod, Vall, C0, 81657, at sight for any sum not exceeding the
total of FIFTEEN THOUSAND FM HUNDRED AND 00/100-($15,500.00)
on the account of Bradley R. Tjossem and Susan Tjossem.
Each draft must bear upon its face the clause, "Dram under Letter
of Credit No. 1367 dated May 16, 1990 of FirstBank of Val1, Vall,
CO.tr The amount of each draft which is negotlated pursuant to
this credit, together erith the date of negotiation, must be
endorsed on the reverse side of the Letter of Credit. Each draft
must be accompanied by a statement executed by the Tor,m Manager
stating the following:
rrBradley R. Tjossem and Susan Tjossem have not completed the
constructLon of the improvements in Elk Meadows subdivision
pursuant to the aPProved Plans.tt
We hereby agree that drafts in the amount of this Letter of Credlt
and in compliance with the terms' shall be prornptly honored if
presented to FirstBank of Vail on or before l'tay 16, 1991.
S incere
Executive Vi-ce President
MRR/hge
?
ARROW EXCAVATING
Po. Bor tc^{ po*Fnrcos GaN-t- Co Y,r-zt
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?a.,cPosar- Foru i
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47,o35
COHEN CONSTRUCTIONnc
T0 wfr0ffr rt nlay concern,tiay i4, 199C
The fcllowinq are estimated costs for Eli,l l'leadows SubCivision
lnrprovemeriis agieement for Bi ad ai',d Susan -ilossen,. Thrs is not a formal
bjo or prop,osal, but insteaC repi^eeents e5trma:el costs based upon all
available jnformation at the tjnre of this wi^1ting, and rn oui^ optnion,
accuratelv recresents the c0sts of the llsied items at thts tirrie
Depend;nq lpon'ihe tinie ci actual :onstrlct;on,
"hese
iten-,: nray cosi
riiore, or less, than the listed c09ts.
1 Qcra.t h2ce an,1 acnnalt navir,n t ln P,CC.OC frcrn lct .1 east lirre rvre yvY 'r'Y.
eastward to tui-naround.
? Flrp hvdr,anf $4,5011 00 conrplete tnstal lation.
- 6" /r.b^ n-rr&..
- 1o' aoib*J
Rccnertfr ;l lv c,r rhn^, ite,1 | \vrvw!e, v, ' t Jvv,, |, !vvt
6*P-U'
irUy irafker
Cohen Const. lnc.
P.O. BOX &17 / VAIL, CO 81658 / n3-476ffi7
I
luwn
75 Boulh trontage road
Yail, colorado 81657
(3{r3) 4792138
(303) 47t-2139
CONDTTTONS OF' APPROVAL
FOR BRADLY
oftice ol community development
JITNE 1, 1990
FOR BUTLDTNG PERD'TT NO. 4377,
AND SUSAN TJOSSEI'!:
be
be
1)
2)
3)
4l
Future section of roadway shall to turnaround. This needs to
shoulders on each side.
designed from 22t wide vith Lot 4 east
21 gravel
5)
Drainage will need to be designed for 40 CFS around the south side of the roadway.
Roadway to Lot 4. frorn Buffehr Creek Road, needs to be 221 wide with 2r gravel shoulders. Widening will need to take place to accommodate this.
Before paving the roadway, the fill between Buffehr Creek Road on the east side of Lot 4 wiU need to be certified by a register professional engineer in the State of Colorado that it is at 958 compaction, as specified in the construction regulations of the Townrs subdivision Ordinance.
Roadray should be built to obtain as close as possible a right
angle to Buffehr Creek Road.
A Roadway barrier/quardrail should be placed from the entryway to the west side of Lot 4, on the south side of the access drive.
6)
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EACLECOUNTY
551 Broadway
Eagle,Colorado 8163.
(303)328?3u
I9E9\\DRID AI.PINE
$KICllA.\rPG\Ft{1ts
VNL.EEAVERCREEK
.t
FACSIJ{ILE UtANS!'lIlTeB fltlnFfff
:
DATE:
!Or
EROI!!:
DSPT.
EgPE os IAX CNTITICAIE
aa.tar
[II{E:
Ftx t
DEVELOPMBNT
FAI(
lELl
or colluflentBl
6CEOLER
ar.ta.'al
05l25l90
UIKE MOI,LICA
TO}IN 08 VAIL COTOII'NIIY
VAIL, go 81657
EAGLE COUNTY ETEABIIRER'S
X 007
DOCITMENI
pages to be transmlttsat
alataa.t"'o'
llt45 p.t.
479-2L57
1 (303) 328;7207
* (303) 328-7311
.
ext. 260
tncludlng thll oover 9a9eo
PRIORIT'I| :
Y Dellver Imrnediately
De].lver wlthln 4 houre
-
MdreseEe rl.tlll Plclc uP
Notify addregEee
Addltional lnstruatlons
Sendl'nE oparater: s.
so$d of Cot$W Cquridortrn Atrrrrol
P.O. Eor 860 - P.O. Box tlAE
Erglt, Colordo 816$l Brgb, Colondo 8163l
Ocrk lrd Rrcordc
F.o. Bor 517
Eagh, Colorrd,o tl6St
Shilrfi
P.O. Bo* 559
ErCr, Colondo 616lll
Trarnmr
P.O. Box'l?9
ErCr, Colarrdo 816ll
-
SENT BY:EAALE COUNTY OOVT.
c-25-so
; 1 1ir8lLo.o*rouNTY l'|ryER{
COUNTY OF EAGLE
OFFICE OF THE THEASUREF
14192151;* 2
CERTIFICATE OF TAXES DUE
ORDEBNO.:
YENPCNNO,:
ISSUED rO: 0RAD
P. U.
VAIL.
TJOFSEFI
Box 2975
c0 gl6ts
PABCEL NO,r qqqgTgg
ASSESEEDTo:
?*J06BEi'1, €USAN L.
BOX E?79 VAIL, CO EI6!E
AIIOUNTE FEFLEGTED ARE VALID ONLY UNTIL {}
0.6f3at?o
PROPERTY DESCHIPTION
LION'6 RIDOE FIL, 3
LOCI( - LOT PCL 3 PT OF PCL A
AX LIEN SALE AIIOUNT 16 BUB',ECT TO
HANOE DUE TO ENDORSEI4ENT OF THE
UNRENT TAX FY CERT OF PURCHASE
OLDER. AFTER SEPT 1, PER5ONAL PROP.
HOEILE HOITS AI4BUNT Ig 9USJECT Tg
HAilEE. AFTER FCT. I REAL PROP. TAX
I,ItrUNT Ig SUB!'ECT TO CHANGE. PLEASE
ONTACT THE TREASURER8 OFFTCE FOR
ORRECT AHOUN1 PRIER TO REHTTTINC,
OUFFENTTAX 3,7A6.71
TAX DUE:
INTEREST:
ADVEFTISING:
PENALTIEE:
MIgG:
TAX UEI{ SALEB OR DELI}IOUE}T TAX
SPECIAL ASsESSl|EilTg
8TATU8: PAID
o. oo
o. oo
o. oo
o. oo
o. oo
o. oc
o. o(
o. o(
o. o(
NOTICE
I, TT{E UNDEFSIONED, DO HEBEEYCEHIIFYTt.IAlTHE ENTIR"EAMOUM
oF iEei EgirrE rrxig oue uPoN PARCELS oF THE SAME FoB uNPAlo
neeL eerrrE FRCTPERTY DEECHIBED HEFETN' AND AtL gALES OF TllE
EAME OFFICE, FROM WHICH T}tE SIME MAY STILL EE REOEEMEO WITH
rNC AUOUUT NCOUIRED FOR FEDEMPTION, ARE AE NOTED HEFEIN'
IN WTTNEEs WHEREOF. I IIAVE I'IEREUNTO 8ET MY }IAND AI{D SEAL
Tltls 3gDAYoF p6y AD l€ 90 . . '
TBEAgUFER, EAGI.E COI'.ITY . M^RYE. WAIJ(ER
rHts cEFnFtc TE soEs twr INoLUDE Ilt{D OE !!UlE!9:,Et|Eln6 AB
6-CHbED UNDE-i i s:-pAaerr scHupt LE NUMSEB lFruPFoPHn
ie.Ga. oC $Fednl mrnoveuerr Dl8rnor ASStgtlftH{Tg, tmglu
lBl,rE8, UNT.ESS EPEOIFICALLY MENnOilED,
FEE FOH lSSUli.lG Ttll8 OEHTIFIOA1E$ tO. oO
av Tila,-r E [Ath.)l J{,J-
o IInter-Mountain
O rA Ensineerillgltd=
ROADWAY INVESTIGATION
F'OR
TRACT 2, ELK MEADOWS SUBD]V]S]ON
TOWN OF VAII
EAGLE COUNTY, COLORADO
PREPARED FOR
COHEN CONSTRUCTION
PROJECT NO. 90198
MAY 1990
Box No. 978 . Avon, Colorado 81@ . g*fi72 Denver 893'1531
1420 Vancs Street o Lakewood, Golorado 8(215 . Phonq 232{158
CONCLUSIONS
SCOPE
SUBSURFACE CONDITIONS
DISCUSSION
TABLE OF CONTENTS
I
.)'zr
*J
Drawing No-
Fi.gures No.BORINGS
I
1-?
CONCLUSIONS
1- The fi]] placed during the road
construction does not appear to be well
compacted. A11 of the topsoil was not
removed prior to placement of t,he fill.
2- From an engineering perspeetive, all of
the fill should be removed, the topsoil
etripped, and the fill replaced j,n compacted
lifts- If these repairs are not made, the
owner should anticipate performing
extraordinary maintenance to keep the road
serwiceable.
SCOPE
We were contracte? by Cohen Construction to. drill' -'.'
exploratory borj.ngs in the existing unpaved roadway and determine
the condition of the subgrade- SloPe.etability determination of
the boulder retaining wall on the south side of the road is
beyond the scope of this report- Three holes were dri]leci on May
10, 1990 with a 6 inch diameter, conti-nuous flight power auger
dri11. Samples were taken at selected intervals using a modified
Cal j-fornia sampler in general accordance wj-th the Standard
Penetration Test (ASTM D 1586). The boring l-ocation plan and
boring lagte are inc.luded in the appendix-
No l-aboratory mo isture-density testing of the samples was
performed due to granular non-cohesive nature of the goils
sampled- The blow counts from the Standard Penetration Test are
the best indication of the relative density of the granufar
soils. If enpiricaf densities are desired, a down hoLe nucl"ear
2
probe can be uaed- In our opinion, the coet for thie ia
unjustified beeause the relatively low blow countg do not
indicate a dense condlti.on-
SUBSURFACE COND]TIONS
Based on information provided by the contractor who
constructed the road, we understand that, the topsoif was
stabilized with coarse rock prior to fill pLaeement- All
vegetation was stripped before Pfacement of the rock. This is an
acceptable method, but is nornally".only ueed when the depth of
,a
topdoil makea remowal urrfeasible.'
The following is . U"i.t desqripti.on of the eoi.1 typee
encountered in the test boringo-
FILL: The fill ext.ended from the surface to depths of 4.5
to 10 feet,. In other areag of the roadway, the thickness of
fill appears to varl' from 0 to 15 feet- The fill eonsists
of sandy gravel with cobbles and probabfe boulders. Blow
counta range between 1O and 50 blows per foot and i-ndicate that
the fill is generally ln a medium denge condition- Our
understandinB is that the Cascade Village pariring structure was
the source of the filL-
TOPSOIL: Topsoil litas encountered below fhe fill in borings
2 and 3- The thickness ranged from 2 to 5 feet.
CLAYEY SAND: The clayey sand is assumed to be undisturbed-
"-
The clayey gand wae red and moist to very moist, and is
underlying the fill and topsoil-
DISCUSSlON
The topeoil underlying the fill indicates that the fill was
not placed and compacted in compliance with accepted engineering
practice- For a high quality granular fill eimilar to what has
been placed fo:r the roadway! we would expect blow counts of at
least 40 blows per foot for a well conpacted condittQn; In our
opinion, thie fill was not adequately compaeted during placement
for a high euality road subgrade. Roads are tvpicaffy bofipacted
't:to a ninimum of 95 percent of maximum standard Proctor density
!
(ASTM D 698).
For a low maintenance road. we reconunend that you remove the
existing fill and strip the topsoil down to the red clayey sand-
The fill should then be placed and compacted to a minimum of 95
percent of maximum standard Procior densj-ty- The ma-'':1mum l-if'.
thickness is dependent on the maximum Particle eise of the fi1]
and the type of compaction equipment used. We recorunend a
maximum lift thickness of 1 foot and a maximum partiele size of B
inches. This assumes that the equj.pment uged is adequate to
compact the fuLl thickness of the lift.
We recomnend that we be contacted to observe the topsoil
removal and fill placement- Densitl' testing of the fill can
3
l-0
provide the owner with a greater degree of asgurance that the
contractors compaction procedures are adequate -
If the ortner deems that these remedial measures are
uneconomical, he should be aware that there is risk of failure in
the future- We cannot predict how long it will take the fill to
settle to a stable condition-
An intermediate eolution, between reworking alL of the fill
and doing nothing, is to revrork some of the fi]]. The amount of
fil-l- reworked is proportional to the reduction in risk of future
settlements. The greater the depth of fill reworked, the Sreater
the reduction in riek-
We reeommend that a minimum of 3 feet of the g:i.f U.
reworked if this option is geLected- We anticipate that 3 feet
of eompacted fill may bridge the underlying low density fill.
This will not elimi.nate the risk of fufure settlements and is
only a "band-aid" solution.
and eompaeted as The 3 feet of fill should be plaeed
described previously -
If possible, we would recommenci you delav paving as long as
practieal. Vehieular traffic in coniunction with moisture should
accelerate the settlement process - When the road is paved, we
recommend that asphaltic concrete be used instead of a Portfand
cement paving- The asphalt will be much easier and eeonomical to
repair- The paving should be treated as phased construction,
with the owner anticipating overfays and repai:rs- 9le anticipate
that the fail-ures will consi-st of potholes and eracking. and not
5
large ecale failureg-
If you have any questions
servi-ce, please contact us.
or we can be ofany further
Sincerely,
INTER-MOUNTAIN ENGINEERING, LTD.
h
Christopher Bittner
Geologist
Reviewed By:
o
o
o
o
o
LOT 4
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SUBDIVISION
1 BoTTNDARY
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TEST LOCATION
ROADWAY
TRACT 2, ELK MEADOIIS SUBDIVISION
TOWN OF VAIL, EAGLE COUNTY, COLORADO
paoracr ro. 90198
OAIrN at 'tcarE 'o.rEl aRnna No.' L
,o
BORING NO. t
DatE oFrL[EO: UAY l0' 1990
€LEVATIOIT:
oE$r|ptrcx o? '.^Tlnlat
I
5-
o-
j
tiJ
SUMMARY OF TEST BORINGS
ROADWAY
TRACT 2, ELK MEADOWS SUBDIVISION
TOWN OF VAIL, EAGLE COUNTY, COI,OBADO
?eoJ€cl f.o.: 90198
ttGURE i.O.: I
o
"O
,
B
9
a-
BORING NO.
OATE OiILIED: MAI 10, 1990
€LEVAIION:
"4"s'oEscittltox o; H^Tlllal
BROWN SANDY GMVEL WITI1
COBBLES IIFILLII
SUMMARY OF TEST BORINGS
ROADWAY
TRACT 2, ELK I,{EADOWS SUBDIVISION
TOI"IN OF VAIL, EAGLE COUNTY, COLORADO
mor€cr rro., 90198
FfGUit ?|O.: 2
,o
o
I
E
0
*o ' 'i'l
SORING NO. 3
OATE oFTLLEO: MAY 10'
€LEVATIO}t:
r990
6$i oESCrr?Trora Ot Ulrlil/.l
SUMMARY OF TEST BORINGS
ROADIdAY
TRACT 2, ELK. UEADOWS SUBDIVISION
TowN 0F vArt, EAGLE COUNTY,'COLORADO
tnoJEct rO.: 90198
FTGUFE rro.: i
,t
M I NUTES
VAIL TOWN COUNCIL MEETING
MAY 15, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, May 15, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Tom Steinberg, Mayor Pro-Tem
Lynn Fri tzl en
Jim Gi bson
Merv Lap in
Robert LeVine
Peggy Osterfoss
MEMBERS ABSENT: Kent Rose, Mayor
T0WN 0FFICIALS PRESENT: Ron Phi1lips, Town Manager
Charles Wick, Assistant Town Manager
The first item on the agenda was Cjtizen Participation. No one addressed the
Counc i I .
Mayor Pro-Tem Tom Steinberg announced that items #5 and #6 on the agenda would be
rescheduled to another meeting, as the leases were not ready for review by Council.
The next item on the agenda was the second reading of Ordinance #!7, Series of 1990,
an ordinance repealing and reenacting Ordinance No.32, Series of 1987, to provide
changes to Special Development District No. 16 relating to El k Meadows. Brad
Tjossem, representing Elk Meadows, was in attendance for this discussion. Mike
Mollica from the Community Development Department presented the ordinance to the
Council, stating that the only change to the ordinance from first reading was on
Page 5, Item 11, which was highlighted in bold type in the ordinance. Peggy
0sterfoss asked if the ordinance required the employee housing unit to be built in
Phase I of the project. Mike Molljca stated that it did not, as it would require
the applicant to redesign the home that had already met approvals and this gave the
applicant more flexibility. Peg 0sterfoss stated that she would be more comfortable
with the ordinance if the employee housing issue was required in Phase I. Tom
Steinberg asked what the PEC vote was for the project and Kristan Pritz stated that
she believed it was a unanimous vote, but that she was not positive. Merv Lapin
asked the applicant if he was committed to the 1og cabin design of the project,
stating that there were no other log cabins in the area. The applicant stated that
the project had received conceptual DRB approval as presented. After some further
discussion, Lynn Fritzlen made a motion to approve Ordinance #17, Series of 1990, on
second reading. Jim Gibson seconded the motion. The motion passed
un an imous l y.
The next jtem on the agenda was the reading of Resolution No. 12, Series of 1990, a
resolution authorizing execution of transfer of funds agreement to Central Bank.
Steve Thompson presented the resolutjon to the Councjl, stating the main purpose of
the resolution was for added security and internal controls, After some discussion,
Merv Lapin made a motion to approve Resolution #12, Series of 1990, and Peg
Osterfoss seconded the motion. A vote was taken and the resolution passed
unan i mousl y.
The next item on the agenda was the consjderation of a purchase contract for West
Vail property - Lots 1-4, Block H, VaiI das Shone, Filing No. 2. Mayor Pro-Tem Tom
Steinberg stated there would be no discussion on this item until the June 5th
meeting. He also stated that the lease for the Old Post Office space and the lease
for Verbatim Booksellers for Vail Village Inn Space would be discussed at the June
5th meeting as well. Tom Steinberg stated that jf the Councjl was considering
selling this space, this would be a good time to |ook into it, with the high bids on
the parking structure becoming a concern for the Town. Rob LeVine and Peg 0sterfoss
stated their objection to selling and their desire to proceed with the lease. Lynn
, Frjtzlen stated that if the Council was considering selling the space, now would be
the opportune time, as the market was on the rise.
The next item on the agenda was the appointment of two Liquor Authori ty board
members. A vote was taken and Mitzi Thomas was appointed on first vote. Three
o
additional votes were taken to determine the second appointment. As there was not a
majority vote for any candidate after three votes, the Counci'l elected to postpone
the vote for the second position until Mayor Kent Rose returned at the June 5th
meeting. It was decided to advertise again for additiona'l applicants between now
and the meeting of June 5th. Merv Lapin made a motion to approve the appojntment of
Mitzj Thomas to the Liquor Authority Board for a two-year term expiring in June of
1992. Jim G'ibson seconded the motion. A vote was taken and the motion passed
unanjmously.
Merv Lapin asked if there was anything new on the lr|ork Session follow-up list. Ron
Phillips stated that al'l changes and additions had been made to the list.
Tom Steinberg asked if there was anything further on the lr{est Vail annexation or v,as it definitely out. Ron Phi1lips stated that there was nothing that would be
happening soon, but that a name had been mentioned to him of someone who might be
interested in circulating petitions. Lynn Fritz'l en stated that she had given him
the name of Cindy Calljcrate, a new resident of Intermountain, who mjght be
interested in helping.
There being no further business, the meeting was adjourned at 8:05 p.m.
Respectful 1y submi tted,
ATTEST;
ilt \)nn uu / . 5+a.ud,wulu.t--,
Minutes taken by Mary Caster
-z-
TO:
FROI!3
DATE:
RE:
Planning and Environnental Commission
Conmunity Development DePartment
uay 14, L990
A request for a final plat for a major subdivision for
sDD No. 16, on a portion of Parcel A, Lionrs Ridge
Subdivision, Filing No. 2 (The valley - Phase III)
Applicant: Brad and Susan Tjossen
Final PIat Review
The Elk llteadows final plat, as presented by the applicant,
substantially conforms to the previously approved
Prelirninary Plan. Such Preliminary PIan was unanimously
approved by the PEC on April 9, 1990, by a vote of 6-0.
Staff Recoromendation
Staff believes that the Elk Meadows final plat is in
cornpliance with the intent and purPoses of Chapte\ L7.16.1L0
of Lne Townrs subdivision regulations (major subdivision
review criteria) and the Townrs zoning code-
Th tion is for approval of the final
with the
rovements Aqreement has been
alized and a Attorney.
sffiements Agreement will prov-ide the Town
with sufficient collateral to guarantee construction and
installation of the reguired fire hydrants and access road
construction and paving.
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I
PIANNING At{D EWIRONI{ENTAL COUUISSION
l.fAY 14, 1990
Present
Chuck Crist
Diana Donovan
Connie Knight
Ludwig Kurz
Jim Shearer
Kathy Warren
Dalton l{illians
9taff Kristan Pritz
Mike tlollica shetly Uello
Betsy RosoLack
Penny Perry
The Planning and Environnental Conmission neeting was called to
order at 3:OO p.n. by Diana Donovan, Chairperson.
Tbe site visits took longer than expected, in the interest of
time, the Coronission skipped the review of the 1041 request and
Itern No. 1 and vent directly to Item No. 2.
Iten No. 2: A reSrest for a conditional use pernrit to allow
for a Bed and Breakfast at Lot 1l-8, lfatterhorn
Villaoe Subdivision.Apnlicant: WiIIiam Clen
Betsy Rosolack explained that the appticant was requesting a -conditional use penoit to allow for the operation of a Bed and
Breakfast in two bedrooms of their Prinaryr/Secondary zone
district. The staff found that all applicable review criteria
and findings had been satisfactorily met and the resonmendation
was for approval .
Daltonrs rnajor concern was the trash enclosure and the use of
only 2 trasir cans and Mr. clem responded-that they had used 2
canl for nany years. Dalton then asked if l{r' CIen would be
willing to rEUuitd the enclosure, and Dtr. Clem stated that with
bears in the area, the du:npster would have to be constructed of
concrete block to withstand damage.
Discussion then centered around the steep driveway.
A motion to approve the request per the Elaff memo \tas made
bv connie xniLht and seconded bv Dalton willians-
VOTE: 7-OINFAVOR
I I
The Corqnission then discussed the 1041 application scheduled
prior to the Public Hearing and then proceeded with ftem No. 3.
ihey would go back to ftern No. 1, approval of minutes at the end
of the agenda.
Item No. 3: A request for a final plat for a maior subdivision
for SDD No. 22, a resubdivision of Lots 1-190'
Block 2. Lionsridqe FiLinq No. 3.
Apnlicant: Pat Dauphinais, Dauphinais-lfoselev
Construction.
Kristan Pritz explained that the reguest was to finalize the
prelininary plan previously aPproved unanimously on lrtarch 25'
1ggO. The lown Engineer had changed the sidewalk location to the
souttr side of the subdivision road to allow for better drainage-
The staff reconmendation was for apProval of the final pl-at with
conditions as found in the memo.
Pat Dauphinais explained that there would no longer be a
detention pond as found in the original proposal . As explained
during the preliminary plat revielt, they would be addressing
drainige as rrcompretrensivel-y and extensivelylr as possible in
conjunction with Public works.
Diana asked who the adjacent property owners were and Pat
responded that the Roost Lodge was to ttre south and Tract B to
the east was easements. Pat added that the biggest concern of
the Cornroission during tbe last rneeting was street cuts along
Lionsridge Loop and he did consolidate the nunber down to 5 at
the Town Council review of the project.
A motion to approve the Final PIat for a rnalor subdivision
for SDD No. 22 per the staff rnemo and conditions As follows
was made bv Kathv Warren and seconded by Chuck Crist.
Conditions:
1. The PEC chairberson s.ball siqn the p-Iat when the
subdivision hnrovernents 4greement has been finElized
and apDroved bv the Toliln encrineer and Tottn Attornev -
2.the Town of Vail with sufficient col-lateral tg
VOTE: 7-OINFAVOR
+
Item No. 4: A request for a final plat for a mafor subdivision
Phase flf)Apnlicant: Brad and Susan Tiossern
Mike Mollica explained that the survey of the Final Plat showing
the as-built road had not been completed as expected. Therefore
the staff could not recoumend approval , but rather tabling the
item, contrary to the Demo. He felt that the survey would show
that the road as-built niqht encroach into the open space tract,
and creg Hall from Public tforks had not given his final approval-
Brad Tjossem explained that he had an urgent need to begin
building and thit the hone would be going before the Design
Review Board Wednesday. He understood that the lack of a survey
would cornplicate matters, but asked if it was possible to approve
the project contingent upon the topographic survey.
Mike did not feel comfortable with Bradrs request. lle felt that
the final plat should be in place at the tirne of final plat
approval . There should not be contingencies.
Kristan Pritz said that given the circumstances that the road is
already built, she felt that it could be possible to approve the
final- ptat wittr the building envelopes remaining the sane as the
prelininary plan and that no changes be made with site coverage
or GRFA. She felt that the circumstances were very unusual .
A nrotion to apProve the final PIat for a rnaior subdivision
for sDD tto. 16 with the followino conditions was nade bv
Kathy Warren and seconded bv Ludwig Kurz.
Conditions:
1. The PEC chairperson not siqn the plat until the
Subdivision Improvements Aqreement has been finalized
and approved bv the Town Attornev.
2. The Subdivision Inprovements Aoreement provide the Town
with sufficient collateral to quarantee construction
and installation of the required fire hvdrant and
access road construction and Davinq.
3. A Final PIat be subnitted showincr the as-built road
tonoqraphy . Any di f ferences /adi ustments , be , cons idered
as part of the road tract and not the building
envelopes.
alreadv existinq.
VOTE: 7-OINFAVOR
Item No. 5: A request for a site coverage variance for an
addition on Lot 31. Block 7, Vail Vi-llaqe lst
Filing.Applicant: H. Ross Perot
l,[ike tiloltica explained that the applicant was requesting a site
coverage variance to allow for the construction of an attached
three-car garaqe, and a najor remodel and extrransion of the
existing residence. Given ttre current zoning and the steep
slopes on the lot (appx. 45t), the site coverage requirernent for
the property was lirnited to 158. Staff believed that the lot was
encumbered with a physical hardship due to the extreme slopes on
the site and that the granting of the variance would not be
detrimental to the public health, safety or general rrelfare of
properties or persons in the vicinity. The approval of the
variance would not be a grant of special privilege. The staff
reconmendation vas for approval .
Kristan stated that it was her belief that the walkway on the
west side of the site was to be removed and the area landscaped.
Jin Morter explained additional changes that were made since the
application hld been submitted. He had enclosed the stairs on
the east side of the garage in the interest of security. ?he
difference took the site coverage fron 218 Lo 22.L2.
There rras general concern of the visual irnpact of the present
home, specifically the railings and lights on the walkway and Jin
Morter iesponded that he could reconfigure the walk to include 3
steps and a landing, 3 steps and a landing. This would elirninate
the need for railings.
Steve Zorichak, an adjacent Property owner expressed his approval
of the project to the board by stating that he felt it was a trvery constructive improvenent. rl
Ludwig stated that the elirnination of the stairs east of the
garage rnade the appearance less intrusive. He l-iked the ctrange.
chuck crist wanted to be sure that the applicant intended to
landscape the existing parkinlt area north of Beaver Dam Road. 'and also wanted to know how big ttre pull-off for the mailboxes
would be. Jim answered that the pu1l-off would be as small as
allowed. the applicant would Iike to keep the asphalt down and
landscaping up.
Jin Shearer liked the new proposal better-
Connie ltnight asked vhat pereentage the addition reguest
represented and Mike ansvered 1.1t. Connie also wished to know
if-the additional 250 GRFA request was related and llike explained
that it did not relate to this request.
j
Dlana explained that she could support the proJect because the
hone rvas already existing. The Connission had always supported parking in a structure and off the road. She liked the solution.
Diana did want any approval to be contingent upon the staff verifylng GRFA figrures.
A notion to arcgrove a sl.te coveraoe variance for Lot 3L
alock 7. vall Villaoe lst Filino rlith the following
condltions was made bv Kathv Warren and eeconded bllJirn
shearer.
CondijLions:
1. GRFA and site coveraqe be verified bv staff.
2. Existinq Concrete Sidegalk be renove{.
3. Wallcwav to buildincr be Eeviewed by-the Desicrn RevieJt
Board.
4. Pull-off for nail boxes be kept to a mininun with the
aoplicant-working closeu'with staff on the issue.
5. Remove or berm tbe fill area bv the nail boxes--to be
reviewed by the Desicrn Review Board.
VOTE: 7-OINFAVOR
ften No. 6: A recruest to apt)ly Hiqh Deng-ity Dtulti-Fq&ilv
zoning to the litarriolt Mark Resort and, for a major
amendment to Special Developnent District No. 7
lMarriott l{ark) in order to alld-56 tirneshaTe units
ar!!l 8 emPlovee housinq units at 714 West Lionshead Circle, I,ots 4r-7, c. and D. Block 1. Vail-
Llonshead 3rd Filinq.Aoplicant: Marriott CorPoration.
Kristan Pritz explained that ttre applicant had requested to table
the iten.
A rnotion to table the Uarriott oroiect until June 11, 1990
was rnade bv Kathv-Warren and seconded bv Jim Shearer-
VOTE: 7-OINFAVOR
5
I Item No. 1: Approval of ninutes from April 9. 1990 and April 23. L99o meetinqs.
A notion to approve the ninutes fron the April 9. 1990
meeting as written was made bv Katlrv Warren and seconded by
Jim Shearer.
VOTE3 7-OINFAVOR
Jirn Shearer.
VoTEs 7-ofNFAVoR
Item No. 7: Discussion and aopointment of PEC members to the
Zoning Code Revision Task Force.
Kristan Pritz explained that the PEc will be the task force for
the Zoning code revision project. She asked for volunteers to be
a working group. Kathy warren, Diana Donovan, DaLton Willians
and Jin Shearer VoLunteered,
Item No. 8: ApE>intment of a PEC member to act as a DRB
alternate.
Jin Shearer volunteered to act as alternate to the DRB.
Iten No. 9: Rerninder of Discussion with Council on Fireplace
Ordinance Amendrnent, Tuesdav Worl< session' May
r.4th.
Kristan explained that many architects and builders had been
asking for exceptions to the current ordinance regulatj.ons and
that ataff felt the need to review tlre ordinance for possible
changes.
ften No. 10: Review and discussion of potential open space
ourcl.ases in the West Vaif area.
Site visits to potential areas for open space were nade earlier
in the day. General discussion of tbese areas followed. The PEC
was supportive of the West VaiI parcel Purctrase. Some members
also reconnended that the IIUD Wirtb property to tbe east of Vail
Das Schone Shopping Center be considered for purchase.
The neeting nas adjourned at aPproxirnately 5:Oo p.m.
DECLARMION OF PROTEqTIVE COVENANTS
roR
EI'K UEADOWS SUBDIVISION
BRADTaY R. TJossEIrt and susAN L. T,tossEl.l (iDeclarant"), la
the record and beneficial owner of all of the real property
within that certain subdivision denominated EIt< lleadows
Subdivision located in Eagle county, colorado' the final plat of
which was recorded in Book
-
at Page of the records in
the Office of the Clerk and Recorder of Eagle County, Colorado.
Declarant does hereby nake, publish and declare that the
following tems, covenants, conditionsr easenentsr restrictiong,
uses, resenratlons, limitations and obligationE shaLl be deerned to run with the 1and, shall be a burden and a benefit to
Declarant, its successors and assigns, the Town of Vailr as to
certain restrictions, and any person or entity acquiring or
orning an interest in the real property described above and all
other real property rhich is or beconeE subJect to this
Declaration and inprovements built thereon, tbeir grantees,
successors, heirs, personal representatives, devisees or aesigns.
1. DEFfNITIONS: As used hereln, the following sords and
tems ehall have the following neanings:
SUBDIVTSION
BUILDING E$VEIOPE
TRACT
SINGLE T'NIT
RESIDENTIAL
BUILDING
E}IVEIPPE
DESIGN REVIEW
C\9tll.ffgfEE
Elk lleadovs Subdlvislon.
A lot within Etk Ueadons subdivision.
A tract within Elk l{eadors Subdivieion.
GROSS RESIDENUAL Is a tern aE defined in Section 18.04.130
FIIOR AREA of the Zoning Resolution (the nZoning
("G.R.F.A") (Resolutionr) of the Town of Vail , Eagle
County, Colorado.
be constmcted.
oPEN sPAcE IRACT Tract 1, rhich ehall renain in its
natural and undisturbed state or be
A Building Envelope which can be used soIely for residential purpoaes and upon which
not nore than one building containinq not
nore than one single fanily dwelling unit (as
defined ln section 18.04.o8o of the
municipal code), and containing not uore than
trro enclosed garages or one z-car garage, lay
landscaped in a DanDer approved by the Desigrn
Review Connittee, as hereinafter defined;
provLded, however, that an open sPace Tract
nay have constructed and naintained thereon utilltles and draLnage facilitles ln areag as
so designated on the final plat of the
Subdivision.
A group of three pereons who shall be
responsible for the adninistration and
enforcenent of these Protective Covenants and
other Design cuidelines, if any. such
persons shall be appointed by Declarant. The
Design Revj.ew Conmi.ttee {sornetines referred to herein as the nconnitteen) shall, anong
other thLngs, revies and oversee the
devel.opnent of the Building Envelopes and
Tracts with regrard to slte design,
archltecture and landscaping. Any actl.on'
decision or approval to be given by the
Connittee strall reguire a naJority vote of
its nenbers. Should Declarant, at any tine
DESIGN GUIDELTNES
ROAD TRAST
OWNER
ASSOCIATION
coul'loN EXPENSES
DECIAR,ATION
within 3o days after recelving wrLtten notice of a vacancy in the Conmittee having occurred for any reason whatsoever, fail to appoint a
new nenber to the Conmittee to fiII a
vacancy, the owners by a naJority vote shall
designate such new nernber to the connitteer with an owner having one vote for each
Building Envelope owned.
Guidell-nes for the developnent of the
Building Envelopes and Tracts ehall be
adopted by the Conmittee, vhich shall, among
other things, interpret and/or inplenent the provisions of theee Protective covenants.
Guidelines may be amended from tl.ne to tine nith the najority vote of approval fron ttre
Conmittee and approval of the Town of Vall
Design Review Board. The guidelines wil.l be
available fron the chairperson of the
conmittee and Town of VaiI Connunity
Development Department.
Tract 2, which can be used solely (i) to
provJ.de a private road and right of way for private use as ingress and egress fron each of the Building Envelopes to Lionrs Ridge
Loop, a public road located in Eagle County,
colorado, (ii) to provide for vehicular parking in areas as so designated on the final plat of the subdivision, ancl (iii) to
provide open space in the 6a!ne Danner as an
Open Space Tract on portions not used for a private road and riglht of way or for
vetricular parking; provided, however, tlrat
the Road Tract may have constructed and
naintained thereon utilities and drainaqe facilities in areas as Eio designated on the
final plat of the Subdivision.
Any individual , corporation, partnership'
association, trust or other tegal entity, or
conbination of legal entities, which is the
record owner of an undivided fee simple
interest in one or more of the Building
Envelopes.
The EIk ueadovs Homeowners AEsociation, a
Colorado nonprofit corporation.
AII expenses expressly declared to be common
expenses by this tleclaration or by the bylaws
of ttre Associationi all ottrer expenses of
administering, servicing, consewingt
uanaging, uaintaining (including, without
linitation, Enow removal and landscape
maintenance), repairing, improvlng or
replacing the open Space Tract' the Road
Tract and inprovements located thereoni
insurance preniuns for the insurance carried
under Paragraph lo hereini and all expenses
lawfu11y deternined to be connon expenses by
the boaid of directors of the Association.
This Instrument and all anendments or
supplements thereto hereafter recorded in the
records in the office of the Clerk and
Recorder of Eagle County, Colorado.
The holder of a pronissory note palment of
which is secured by a first nortgage or first FIRST LTENOR
deed of tmEt encunbering an intereEt ln a Bullding Envelope. f,lfortgaget ehall lnclude
i"liiL"fnlTlk rili",+":;':'i!lu"ll'lrust .
2. GENERAL PURPOSES: Theee covenants and reetrictLonE are
nade for the purposes of creating and lreeping the subdl.vlslon,
Lnsofar as possible, desirable, attractive, beneficial and suitable Ln arclritectural desigm, naterials and appearance,guardlng against fires and unneceasary interference with the natural beauty of the Subdivlsion, and provlding ingress and
egreas fron all Bulldlng Envelopes ln the Subdlvlelon to a publlc
road, a1l for the uutual benefit and protection of the Oerners.
3. Ilgre.r All Building Envelopes in the SubdlvLsl.on ehall fall rithin the folloring land use definLtionE:
DEFINITION
Single Unit Residential Building
Envelope
Open Space lract
Road Tract
r€T pEscRrPTIOrI
Buildlng Envelopes
L12,314r516 and 7
[ract 1
Tract 2
4. APPROVAIJ Or CONSTRUCIfON PLAI{S: (a) No building or other structure ehall be constructed, erected, or naLntained on
any Bullding Envelope, nor shall any addition thereto or alteration or change therein be nade untll cornplete plans and epeclfications (lncluding, but not llnited to, a color rendering
andr/or a rnodel, floor plans, elevations, site and grading plans,
provLsi.ons for off street parking and locations of driveway
access, landscaping plan, the specification of principal exterior naterials, color schenes and ttre locatlon and the method of utlllzation of all utillties) have been subnitted to the
ConrnLttee and by it approved in writing. In addition, each ouner that builds a structure on a designated Building Envelope shall
conply with the deslgn gruidelines and rockfall uitigation requirenents as outlined in the EnvLronmental Inpact Report by
ifauar Associates dated JuLy 22, L987, and revieions of existlng reports uade as of ltarch 12, 1990. Coplee of the guidelinee and nitigation requLrernentE ehall be available to prospective
purchasers fron the Town of Vail Connunity Development Departnent
and from the Conrmittee.
Each osner uay chooee to have another quallfled
eng tneer /geologist deslgn approprlate rockfal I nltigatlon leasures, as long ae the nitigation solution doer not have
negative visual inpacts and is approved by the Town of Vall
Connunity Development Departnent and the Town of Vail Engineer.
(b) onnere are €ncouraged to consult rith the
Connittee prior to and during the preparation of such plans and specificatione in order to avoid vithholdlng or delay in
approval .
(c) If upon the expiration of 30 days fron the date of the subnittal of plans and specifications to the Conmittee by an
O$ner, the Connittee has taken no actlon, the plane and epecificatlons sill be coneidered approved by the connittee and the Owner may comneDce construction only after obtalnlng ttre
applicabJ.e qovernnental zonLng and buildlng peraits.
(d) The Co rLttee shall be authorized to levy a
reaaonable charge, not exceeding fifteen cents for each square foot of c.R.f.A., for the review of plane and specificatl.one,
rrhich charge shall be paid in advance. The proceeds of euch
charges shall be used for the adniniEtratl.on and enforcenent of
these Protectlve Covenants.
(e) Upon the approval of plans and specifications, the
owner shall be reguired to escrow funds for the cornpletl.on of
Iandscaping iterns and naterials that are to be installed by the
Owner. Essrowed funds wiLl be returned to the Oryner after
Iandscaping has been in place in satisfactory condition for a one year period.
(f) In passing all such plans and specifications, the connittee shall take into consideration the Euitability of the
proposed building or other strrrcture and ttre naterials of whlch it is to be built to the Building Envelope upon vhich it is to be erected, the hamony thereof with the surroundings and the effect of the building or other structure, as planned, on the outlook fron adjacent or neighboring Building Envelopes.
(S) fhe Conmitteers goal Ls to create, fot the entire Subdivision, a conpatible and homogeneous architectural guallty
harrnonious with the character of the area.
(h) The Connittee shall uEe reasonable Judgrnent in
passLng upon all such plans and speciflcations, but the Connlttee shall not be liable to any person for its actions in connection with subnitted plans and specifications, unless it be shown that the Connittee acted with nalice or wrongful intent.
(i) The following specific restrictions shall govern
construction on and use of any Building Envelope.
(i) DENSITY: a building situated on a Single Unit
Residential Aullding Envelope strall not contain roore than
3.2OO square feet of G.R.F.A.
(ii) SETBACK REOUfREUENTS: lilininun setbacks for the location of structures with relations to BuLlding
Envelope perlmeter lines sha1l be as follows;
(aa) No structure shall be Located on the Utility Easement as so designated on the final plat of the Subdivision.
(bb) No structure shall be located less than
two feet from eittrer the east or the west perineter line.
(cc) No Structure shall be located less than three feet fron the north perineter line.
(dd) NotwithstandinE anything contained
hereinabove to the contrary, roof overhangs and decks
may encroactr into the setback areas described in
subparagraphs 4(i) (ii) (bb) and 4(i) (i1) (cc) herein so
long as such roof overhangs and decks are totally within the perineter lines of the Building Envelope.
(iii) BUILLDING !{EIGIIT: No structure located within the Subdivision shall exceed at any point on the structure, three stories or 33 feet in height (as defined in
Section 18.04.170 of the Zoning Resolution), whichever is
less.
(iv) PARKING Ar{D ACCESS REoUIREUENTS: (aa) One off street parklng spaqe per dwelling unit shall be provlded
on each auilding Envelope with such off Etreet parlcing
spaces being required to be provided in enclosed garages.
(bb) No off street parking spaces
on any Buil-ding Envelope shall be allorred
outside of an enclosed garage, except for up to one space located inmediately in front of
and contiguous to the doorE of an enclosed
garage located on the Building Envelope.
(cc) AII driveways and parklng areas Ln the SubdivisLon shall be paved and the naxiuuu permlssible driveway or parking grade ehall be 8.o
percent.
(dd) AII vehLcular drivevays and vehicular Lngress and egress access to each and
every Bullding Envelope ehall be restricted to
acceEs rhich cones dlrectly off of the Road Tract
except for Ipt 5, which is propoeed to accesa
directLy off of Lionrs Ridge Ipop (Buffehr Creek
Road) .
(v) IAI{DSCAPING: lIhe concern of the Cornnlttee
Ehall be to inprove the natural appearance of the
subdivision and the uaLntenance of such appearance. Ounera
and their representatives or builders vill be reguired to:
(aa) t{ininize dleruptlon from grading.
(bb) Revegetate and restore ground cover for
erosion and appearance reasons.
(cc) Use lndigenous species of plant
naterials as established by the Conmittee.
(dd) Select the uan-nade elenents tbat blend
and are cornpatible with the land.
(ee) Use existing or natural drainage paths
whenever possible.
(ff) Coneenre and protect topsoil,, rock
formationE and unique landscape features.
(gg) Sod such areas as detemined by the
Conmittee.
The Corunittee shall require cornplete landscaplng plane.
As part of such landscaping plans, each ouner shall be
required to eubnit conplete plans for the landscaping of aII portions of the open space Tract that are within
1O feet of the perirneter lines of such Onrnerre Building
Envelope, and it shall be the obligation of guch Osmer to conplete Euch landscapl.ng of the Open Space Tract.
The ownerE s111 be encouraged to nake adeguate provisions for landscaping costs in thelr overall
constructlon budget.
(vi) WATER AlfD SANITATIO{: Each structure
deslgmed for occupancy or use by hunan beings shall connect
with vater and sanitation facilities nade available by Upper
Eagle valley gtater and Sanitatl.on District or any other sinilar governnental or guasl-governnental entity. No private weLls shall be used aa a Bource of rater for hu[an
consunption or irrigation.
(vti) ELECTRICAL Ar{D TELEPHONE SERVICE: All electrical and telephone serinice to the Building Envelolres will be placed underground.
(viii) EAsEuEfTs: Easements and rights of way
are hereby reEeryed as 6hown or described on the final plat
for the Subdivision.
(ix) slcNs: No signs, billboards, or other
advertislng etructure of any kind shal} be erected,
o
constructed or naintained on any Building Envelope for any
purpose whatsoever, except such signs as have been approved
by ttte connittee.
(x) FENCES: Design and location of fencing shall-
be su.bnitted to and approved by the Connittee prior to installation.
(xi) IRASH: lto trash, ashes or other refuse shall be thrown or dumped on any land within the Subdivision. There Ehal.I be no burnJ-ng or other disposal of
refuse out of doors. Each ottner shall provide suitable
receptacles for the temporary storage and collectlon of
refuse and all such receptacles shall be placed in
enclosures attached to the buildings eo that such
receptacles shall be Ecreened from the public view and protected fron dieturbance.
(xii) LIVESTOCK: No livestock other than horees of any kind (except dogs, cats and other domesticated pets for household enJolment, not for comnercial purposes and not to exceed two in number may be kept by an owner so long as
such pets are not a nuisance to any other ovner) shall be kept, raised or bred in the Subdivision.
(xiii) PETS: Household pets, such as dogs and cats, must be contal-ned upon an onrnerrs Buildlng EnveLope.
owners nay not construct a fenced run on their Building Envelope. Pets shall not be allowed to renain tied or
chained anlmhere in the Subdivision, and any pet so tied or
chained nay be renoved by the Association or its agents.
Pedestrians accompanied by dogs within the Subdivision muEt
have said dogs under their direct control by use of a leash not to exseed ten feet in length.
(xiv) TEUPoRARY SfRUCTTRES: No tenporary structure, such as a basement, trailer, nobile horne or tent shall be pernitted in the Subdivision, except as nay be
deternined to be necessary during construction and specifically authorized by the Cornnittee in writing and in
accordance sith the regulations of the appropriate
governnental entities.
(xv) TREES: Trees naturally existing upon any
Building Envelope or upon any Tract shall not be cut,
trinned or removed frou the Building Envelope or Tract
without the prior approval of the Connittee.
(xvi) TELEVISION AIITENNA: Exterior uounted,
exposed television or radio antenna nilL not be penlitted
within the Subdivision. such antennae, if installed, uust
be concealed fron public view.
(xvii) SCREENING: FueI tanks, electric neters,
garbage areas, clotheslines, boats, commercial truclcs,trailers, campers, notor homes, ATV and recreational or
inoperable vehicles, air conditioning equiprnent, televieion
and radio antennae and other related features must be
screened or enclosed fron viev from surrounding Building
Envelopes and properties.
(xviii) SPARK ARRESToRS: spark arrestors are
mandatory on all chinneys.
(xix) oUTDooR LTGHTTNG: All outdoor lighting
cones under the jurisdiction of the Connittee.
(xx) REPAIR oF VEHICLES: No work of autonotive repair shaIl be perfotned anlmhere within the Subdivision
except within private garages.
I
(xxi) ACCESSORY SIIRUCIURBS Al{D GREENHOUSES:
Accessory structures, if any, shall be of sinilar
conEtruction nateriale and quality ae princlpal buildl.ngs.
Greentrouses uuet be constructed of per:nanent naterials and
nuet be a part of the resldential etructure or garage and
nay not be a free etanding building.
(:orii) CONTINUITY OF CONSTRUCIION: AII structures connenced in the Subdlvleion shall be proeecuted diligently to conpletl.on and shall be conpleted wLthLn the trelve nonths of counencenent unless exception is granted in writlng by the coilnittee.
(xxiii) Ug"IgANgE: No noxlous or offeneive activlty shall be carried on sithin the subdivielon,
nor shall anything be done or pernitted rhich ehall
constitute a nuisance therein.
(xxiv) :
onners and contractors are per:rnitted to store conetrnrction naterials and eguipnent on the approved constnrction slte
during the construction perlod. It 6hall be neatly stacked,properly covered and secured and is the responslbility of the owner and the contractor. owners and contractors will not disturb, damage, trespass or store materials or
equipnent on other orrnerar Building Envelopes, on the Open
Space Tract or on the Road Tract.
(xxv) W: Orrners and
contractors shalt clean up all trash and debrie on the
construction eite at the end of each day. TraEh and debris shall be rernoved from the site at leaEt once a week to the
cloEeEt eolld raste disposal site approved by Eagle county.
ounera and contractors are prohibited fron dunplng, burying or burning trash anynhere in the Subdivision.
(xxvt) SANfTARY FACILITIES: Bach Ormer and con-tractor strall be responEible for providing adequate sanltary facilltles for his constnrction workers.
(xxvii) PARKING AREASs conatructlon crews and
other construction pereonnel shall not park on the open
Space Tract or use other Building Snvelopes for parlcing
purposes during constr:uction.
(xnriii) RESToRATIoN OR REPATR oF oTHER PROPERTy
DAilAGED: Damage or scarring to other property, including but not linited to other Building Envelopes, tlre open space Tract, the Road Tract and Lnprovenents thereon, drl.vevays or
other iuproveuents is not per:nitted. If any euch damage
occurs, it will be repaired prornptly at the expense of the
person causing the eane.
(xxix) coilDucr aI*lD BEHAVIOR: All Osnera shall be
reeponsible for the conduct and behavior of thelr agents,
representatives, invitees, builders, contractors and
eubcontractors.
5. DMSION OF |lRAefS. (a) Each and eve4' Tract Le
hereby divided euch that an undl-vided interest Ln each and every Tract is hereby conveyed and nade appurtenant to each and every
one of the Building Envelopes as folloss:
Appurtenant Percentage Interest in each Tract Buildinq Envelope
I
2
3
20.oo
20. oo
20. o0
7
20.00
20. oo
(b) Each BuildinE Envelope and its appurtenant interest in the Tracts ehall be inseparable and nay not be
conveyed, Ieased, deviEed or encunbered one without the other. A transfer by an Onrner of legal title to all or any portion of a Building Envelope shall automatically transfer a proportionate interest in the appurtenant interest in the Tracts. No interest in a Tract by itself may be granted, conveyed or assigned by an
owner separate fron his Building Envelope.
(c) Each and every Tract shalt be owned in connon by the Onrners and shall reuaLn undivLded. No owner shall assert any right of partition sith respect to a Tract and each osner vaives
any and al} rights of partition he nay hold by virtue of his
ownership of an undivided interest in the Tracts as a tenant ln
colrmon with the other Ouners.
(d) Each Onner shall be entitled to use the Tracts in
accordance with the purposes for shich they are intended, sithout
hindering, inpeding or inposing upon the rights of the other
owners and in accordance vith the rules and regulations duly
established from tine to tine by the Association, as provided for
hereinbelow.
6. EASEUENT FOR USE OF ROAD TRACI: Declarant desires to provide to eactr owner the right of ingress and egress to ltis
Building Envelope from a private road and Declarant hereby grants
and assigns to each owner a perpetual , non-exclusive easement and
right of vay under, over, across and through the Road Tract for the purpoees (subject to the adrninistration of the Association)of conetructing, naintaining, repairing, enlarging and
reconstructing a roadway thereupon providing vehicular and pedestrian ingress and egress between his Building Envelope and
Lionrs Ridge Ioop (Buffehr creek Road), a private road located in
Eagle County, colorado. The easenent and right of way hereby
granted and assigned shall run sith the land and shall be
appurtenant to each Building Envelope, such that a transfer by an
owner of legal title to all or any portion of a Building Envelope shall autornatically transfer a proportionate interest in the
easement and right of nay granted and assJ.gned herein; provided,
however, that no interest in the eaeenent and rlght of way
granted and assigned herein for the purpose of a roadway roay be
dedicated to the pubtic or granted to a non-ouner without the prior rrritten consent of aII owners.
7 . ADI.TINISTRATION A}{D I.IANAGEHENT OF THE TRAETS: TITE
Tracts shall be adnlnistered and nanaged pursuant to this
Declaration, the articles of incorporation and the bylaws of the
Association. Each Owner shall be a mernber of the Association and shall remain a menber until he ceases to be an owner. Each
nenber shall conply strictly with the provisions of this
Declaration and of the articles of incorporation and bylaws of
the Association. Each nenber shall be bound by and shall conply
vl-th rules, resolutions and decisions of the Association duly
rnade or adopted in the nanner set forth in the Associatj'onrs
articles of incorporation or bylaws. Such rules, resolutions and
decisions nay apply, rrithout linitation, to the control and use of parking areas located on the Road fract including' without linitation, the designation of epecific parking spaces to be used
by specific owners to the exclusion of use by the ottrer owners.
FaiLure of the menber to conply vith such provisions, rules,
resolutions or decisions shall be grounde for an action to
recover damages or to obtain injunctive relief, or both'
naintainable by the Association on behalf of the other o$ners or'
in a proper case, by an aggrieved owner. fn addition, the
Associationrs bylaws may authorize the Association, during the
period of any delLnguency, (a) to revoke a delinguent ownerrs right to use the Tracts and (b) to suspend a nenberrs voting
4
5
privllegesi however, no auch suslrension Ehall affect the righte of a Flrst Lienor.
8. T,TAINTENANCE Al{D REPAIRS OF TIIE TRAETS: The Tracts and
Luprovenente thereon shall be adninistered, coneerved, nanaged,nalntalned (including, without linltation, snos renoval and
Iandscape naintenance), repaired, inproved and replaced by the Assoclation. However, lf the need to nake such repaLre or
naintenance results fron the negligence or intentionat act of any orner, his fanily, agent or invttee, such Onner shaU relnburse the Aesoclatlon for all the costs of repairlng such danage and shall be liable to the other Osners for all additlonal losses or
dauages euffered, including reaeonable attorneyrs fees.
9. ASSESSI,IEI(rS FOR COttl,lON EXPENSES! (a) Bach Orner ghall
pay hlg pro rata share of the connon expenses, rlth such pro rata
ehare of each ormer to equal the undLvlded percentage Lnterest ln
each and every fract appurtenant to euch Onnerrs Buildlng
Envelope, as speclfically set forth ln subparagraph 5(a) hereof.
(b) Tlre board of directore (the tDoardr) of the
Assocl.ation shall fix, deternine, Ievy and collect annual and special assesrurente to be paid by each of the Oryners to ueet the
connon er(penses and to create a contingency reaerrre therefor.Prior to the beginning of each flscal- year of the Aseociation,the Board shall adopt a budget for that year. The budget ehall lnclude, but ehall not be linited to, an estinate of the costs of
naintenance, repair and replacernent of the Tracts and
inprovementE thereon, the cost of sernices to be provided by the Association, the cost of insurance reguired by Paragraph 1O herein, and proposed capital expenditures. The budget shall
include an adequate reserve fund for the aaintenance, repairs and
replacement of the Tracts and inprovenents thereon, in order that
such naintenance, repairs and replaceDent nay be paid for through
regrular installnents rather than by epeclal aseessment. For the
Aesociationrs fl-rst fiscal year, the Board shall adopt the budget at the firEt rneeting of the Board and designate the date of
conDeneeuent of the first annual aasesenent, with the coEtE for
naintenance, repairs and replacenent of the Tracts and
inprovenents thereon and any resewe fund needed tlrerefor based
on a good faitb estinate of tlrose costei eaid estinate nay be
based on the costs incurred by slnilar aesociations in the general locale. thereafter, the cost of nalntenance, repaire and
replacenent and any reserve fund needed therefor shall be on the
baeis of the previous yearrs costs sith euch adjustnents
therefrom as the Board considers appropriate. The budget ehall
alEo include the annual assessnent for each ormer. Speclal
aasessnents may be levied whenever in ttre opinl-on of the Board it is necessary or adviEable to do eo (i) to ueet lncreased
operating or naLntenance expenaes or costs, (it) to provide for additional capital expenses, or (tti) because of enerEenciesi
bouever. Lf ttre proposed additional capltal expenses at any given
tirne are Ln excees of 40 percent of the existing budget, such
expenses nay be incurred only after the otrner6, by the vote of the Oryners bearing at least 75 percent of the connon expenaea,
approve such expenses. All annual aEsessnents shall be based
upon an approved budget; all other assessnents shall be .ln iteuized Etatement form and shall set forth the detail of the
various expenser for vhich the assessnents are belng nade.
(c) fhe Board shall prepare and provide to eactr Ocner
a statenent for the annual aEsesenent and any special assessnent
against hiE Euilding Envelope. Annual asseasnents for the
budgeted comnon expenses shalI be paid in guarterly installnents,
each Euch lnstallment due and payable Ln advance on the firet day of each calendar guarter, or Dore freguent Lnstalluents aE nay be
detetmined by the Board. Speciat aEsegsnente shall be due and
payable as specified in the written notice of euch assesgnent provided by the Board.
(d) The Board shall have the right to add to any
Orrnerre asaessment, as provLded in this Paragraph, those amounts
expended by the Association for the benefit of any individual
Ouner, including but not linited to, fines (pursuant to rule
adopted by the Assocl.ation), repairg and replacenents to the Tracts and/or improvenents thereon caused by the negligent or willful acts of said owner, his fanily, gtrests, employees,licensees, Iessees or invitees, and all other expenditures or
charges provided for by this Declaration or the AssociatLonrs
bylaws.
(e) If any assess[ent shall renain unpaid ten days after the due date thereof, the Board nay inpose a late charge on
such defaulting owner in an amount equal to 1.5 percent of euch
agEesenent. Likewise, a late charge egual to 1.5 percent of the
unpaid assessment nay be imposed on the flret day of each
calendar nonth thereafter so long as Euch aEsessment shall be unpaid. Failure to nake palnent vithin 30 days of the due date thereof also shall cause the full anount of such Ownerrs regular
assessDents for tlre remainder of that year to become due and
oving at once, at the option of the Board. In the event it shall
become necessary for the Board to collect any delinguent
assessments, whether by foreclosure of a lien hereinafter created, by conrnencing of a court action (wlrlch may be brought by the Association vithout waiving the lien hereinafter created) or
otherwiEe, the delinquent owner shall pay, Ln addltion to the
aBsesallent and late charge herein provided, al} costs of collection, including a reasonable attorneyrs fee and costs
incurred by the Board in enforcing palment.
(f) All suns assessed but unpaid for the share of,
comnon expenses assessed to any Building Envelope shall constitute a lien on such Building Envelope and appurtenant interest thereto in and to the Tracts in favor of the Association prior to aII ottrer liens and encunbrances, except: (i) Ilens for general property taxes and special asseEsnents, and (il) the llen of any first uortgage or first deed of trust of record
encunbering such Buil.ding Envelope. The Associationrs lien ehall
attach fron the date vhen the unpaid asseEsnent shall becone due
and nay be forecLosed by the Association in like nanner aa a
nortgage on real property upon the recording of a notice or clairn thereof executed by a nenber of the Board on behalf of the
Association setting forth the amount of the unpaid indebtedness,the nane of the owner of the Building Envelope, and a descrlption of the BuiJ.ding Envelope, If any such lien is recorded by the
AsEociation, the Owner shall be reguired to pay the coEts and
expenseE of the preparation and recording of the Associationrs Iien, including reasonable attorneyrs fees, or $150.00, uhichever
Ls greater. In any such foreclosure, the orrner shall be reguired to pay the costs and e:<penses of such proceedings, lncluding
reasonable attorneyrs fees. During the period of foreclosure,the onner of the auilding Envelope subject to euch action shall
be required to pay a reasonable rental to the Association. The
Association shall be entitled to purchase the Building Envelope at the foreclosure sale, and to acqui.re, ho1d, lease, Dortgage or
convey the sarne.
(S) No owrer ehall exenpt hinself fron liability for
paynent of his share of the comnon expenses either by waiver of the use or enjolment of the Tracts or by abandonment of his
Building Envelope.
(h) If involving a first mortgage or first deed of trust, sale or transfer of any Building Envelope as the reEult of
court foreclosure, foreclosure through the public trustee, or any
proceeding in lieu of foreclosure, including the transfer of a
deed in lieu of forecloEure, shall extingruieh the lien of such
aEsessnents as to palments thereof for periods prior to such sale or transfer, but shall not relieve any for:rner Oarner of personal
l-iability therefor. llhe nortgagee of such Building Envelope who
10
l
acquires tltle by way of foreclosure or the taking of a deed ln lieu thereof, ehall not, however, be liable for any assessnent for perlods prior to the date of lts acqulrlng tltle and shall
onLy becone liable for aseessments for perlods frou and after the
date lt becornes the orrner of such Building Envelope. No sale or tranefer ehall relieve Euch Building Envelope fron llablllty for
any aeaeesnents thereafter beconing due or fron the lien thereof.In the event of the sale or tranefer of a Bullding Envelope uith
reepect to which suns shall be unpaid by a defaulting owner,
except transfers to a First Lienor in eonnection slth a
foreclosure of ite llen or a deed in lleu thereof, the purchaeer
or other transferee of an interest in guch unit Bhall be Jolntly and severally liable vith the seller or traneferor thereof, for
any such unpaid suna.
(i) Upon vritten regueet of any Otrner, aortgagee,prospective mortgagee, purchaeer or other prospective transferee of a guilding Envelope, the Assoclation sha1l Lssue a srltten
statenent setting forth the anount of the unpald coutron expenses,Lf any, with respect to such BuildLng Envelope, the arnount of the current nonthly aaseaaDent, the date on whictr Euch assessDent
becane or ehall becone due and the anount of any credit for prepaid expenses. Such statenent, for vhich a reasonable fee lay
be charged, is binding upon the Associatlon Ln favor of any
person who nay rely thereon ln good faith. Unless a requeet for
such etatenent ebal.l be conplied rith within 2O days after recelpt thereof, all unpaid coronon expenaea whlch becaue due prior to the date of naking such request ehall be Eubordlnated to the lien or other interest of the person requestlng such
statenent.
(j) Any party in favor of whom a ll.en on a Building
Envelope haa been created nay but shall not be requlred to pay
any unpaid connon expense wlth respect to such Building Envelope,
and upon such palment such party shall have a lien on guch
Building Envelope for the arnount so paid of the sane rank as the lien theretofore existing.
10. fNSI'RA!|CE 3 (a)
the osners:
?he Association shall, on behalf of
(i) provide and keep in force, for the protection of the Association, its officers and dlrectors, and all the
owners and First Lienors, general publlc llability and property danage insurance against clal.ns for bodily tnJury or death or property danage occurring upon or ln the TractE,ln llnitE of not less than $1,Oo0r0OO for bodify lnjury or
death to any number of pereons ariaing out of one ascLdent or dieaEter, or for damage to prope*y, and Lf higher llnlts shall at any tine be custonary to protect against poseible tort lLabillty, such higher liuite shall be carriedi
(fi) carry insurance l-n such anount as the Association rnay consider neceseary or advieable agal.nst such other insurable hazards as Day fron tLne to tine be conrnonly
lnsured agatnst in the case of sfulllar property ln elnilar locatlons eleewhere.
(ilt) earr? directors and officers liability
insurance in euch amounts as the Aesociation [ay consider
necessary or advleable.
(b) All ingurance required to be carried under thls
Paragraph shall be carried 1n favor of the Association, the
Onners and all First Lienors, as their respective interests nay appear. Each insurance policy shall provtde that no cancellation thereof nay be made by the insurance carrier sithout having flrst given 30 days' prior written notice thereof to the Aesociatlon,the oryners and all Firgt Lienors. Each ineurance policy shall also contain a nseverability of interesttr endorsenent, which
L
11
o
provl.dea, in case of violation of any provision thereof by the
Aesociation or one or nore (but less than all) of the Owners,that the coverage of euch policy shall be suspended or
invalidated only as to tbe interest of the AEEociation or the
Oqrner or Owners conmitting the vlolation and not as to the
l-nterest of any other Owner.
11. APPoINTUENT OF ATIoRNEY-IN-FACI3 Each Otmer by hiE
acceptance of the deed or other conveyance vesting in hin an intereet in a Building Envelope does irrevocably constitute and
appoint the Association vith full power of substitution as hls true and larrful attorney in his nane, place and stead to uanage,control and deal with his interest in the TractE ao as to permit
the AEsociation to fulfill all of lts and the ownerrr dutLes,obllgations and rights lrereunder and, with fuII porer, right and
authorization to execute, acknowledge and deliver any contract,
instrument of conveyance, proof of loss, release or other
instrunent affecting such interest of the Owner, and to take any other action, which the AsEociation nay consider necessary or
advisable to give effect to the provisions of this f,tecl.aration.If reguested to do so by the Association, each onner slrall
execute and deliver a written instrument confiruing such appointnent. The action of the Assoclatlon in settling any clain with respect to the Tracts shatl be flnal and binding on all Onners. No onrner shall lrave any rights against the AEsociatLon or any of lts officers or directors vith respect tlrereto except in case of fraud or gross negligence.
12. OUALfTY OF WORK: Any repairs, renovation or restoration of the Tracts or improvements thereon by the
Association as attorney-in-fact for the ornerr shal-I be done l-n
such rnanner as to uake the Road Tract or the Open Space Tract at Ieast as valuable after such work as it was inmediately before the occurrence reguiring the work to be done.
13. PROPERTY FoR co!{!.toN USE! The Aseociation tnay acguire
and hol.d for the use and benefit of all ormers real property, as
long as such real property is purchased at a foreclosure sale,
and tangible and intangible personal property and nay dispose of the eame by sale of othernise, and the beneficial interest in any
such property shall be owned by the owrrere in the sane Proportion as their respective interests in the conmon e{penses and shaIl
not be transferable except with a transfer of a Building
EnveLope. A transfer of a Buil.ding Envelope shall tranEfer to the transferee ownership of the transferorts beneficial lnterest in such property without any reference thereto. Each Oryner Day
use such property in accordance with the purpose for which it is
intended, nithout hindering or encroaching upon the lawful rights of the other o$ners. The transfer of titte to a Building
Envel.ope under foreclosure shall entitle the purchaser to the beneficial interest in such property associated rlth the
foreclosed Building Envelope.
14. E.ASEMENT. I.EASE. I,ICENSE AND USE OF TRA TS. ThE
Assocl.ation shall have the right to grant by easement, lease,
licenEe or peruit the use of, by less than all oryners or by non-
onners and with or without charge as the Association nay deern
desirabler lny portion of the Tracts or irnprovenents thereon or
any Building Envelope owned by the Assosiation. The rights granted to the Association in this Paragraph 14 ehall only be
used'in the pronotion of the collective best interest of the
Onrners.
15. REGISTR,,ATTON BY OWNER OF UAILING ADDRESS: EACIT O$NET ahatl register his nailing address with the Association' and,
except for nonthly statenents and other routlne notices, all
notices or demands intended to be seryed upon an omer shall be
sent certifled mail , postage prepaid, addresged Ln the nane of
the oryner at such registered nailing address. AII notices,
denands or other notices intended to be serrred upon the
L2
-,r t
,t .!,: t, '
I f-*t
DtrtrRRTMtrNT @tr-tr@MMUNITV DtrVtrt@FMENT
W tolEs ActoN F'RM xXxXXxX
ACcouNT #lTEl.r NO.
c0sT
EA.
TOTAL
AMOUNT
---_--I too -
01 0000 41330
LCOM. DEV. APPUCAT]CN FEas
Ir -I t I roo.-01 0000 41540 ZONING AND ADDRESS MAPS Enn
01 0000 42+1s I9d6 UNIFORII EUITDING CODE Rn nn
01 0000 42+15
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01 0000 42415
1988 UNIFORII PLUI,IBING CCIDE 56.00
19BB UNIFOR}I MECHANICAL CODE
1988 UNIFORIJ FIRE CODE
1987 NA]ICNAL EL:CTRICAL CODE
J2.00
01 0000 42415
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)1 0000 42115
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)1 0000 41548
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IoTHER COoE BOOKS
IBLUE PRtNTs (M\r.\Rs)
xERox coPtEs ,/ sruorEs
PENALTY frEs / RE_tNspEcl.loN
7.00
101, 0000 +2+12
Pl 0000 42371
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OFF HOURS INSPECT]ON FE
CON]RACTORS UC$ISES fEES
O]HER FEES
SIGN APPLICATION
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20.00
c0MI ENTS: ZL t ft<--a-i^- r
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PUBLTC NOTICE
NoTICE IS HEREBY GIVEN that the Planning and Environmental
Conmission of the Bown of Vail will hold a public hearing in
accordance with Section 18.65.050 of the nunj-cipal code of the
Town of Vail on April 9, 1990 at 3:oO p.m. in the Town of Vail
l,lunicipal Building. Consideration of:
1. A request for an exterior alteration and a setback variance for the Lifthouse todge, Iocated at Block 1, Tract C, Site C
(555 East Lionshead circle)Applicant: Lifthouse condoruiniun Association
2. A request for a final plat for a najor subdivision and for
SDD No. 22, a resubdivision of Lots 1-19, Block 2,
Lionsridge Filing No. 3.Applicant; Pat Dauph5-nais, Dauphinais-lloseley Construction.
3. A request for a side setbask variance at Bighorn Terrace Unit #D-7, 4242 East Col-umbine Way.Applicant: Kathryn Benysh
A request for a major subdivision and for a major amendment to sDD No. 15 on a portion of Parcel A, Lionrs Ridge
Subdivision, Filing No. 2 (The Valley - Phase III)Applicant: Brad and susan Tjossem
A request for a conditional use for a Learning center Lab in
the lower leveL of the proposed parking structure at the Vail Valley Medi.cal Center on Lots E and F, Vail Village 2nd Filing (181 west Meadow Drive).Applicant: vaiL valley Medical center.
A requesL for a rnajor amendnent to Special Development District No. 7 (The Marriott llark) in order to add 57
timeshare units and I employee housing units.Applicant: Marriott corporation.
A reguest for an exterior alteration, strean setback
variance, view corridor amendnent, site coverage variance,
and conditional use for a deck enclosure and new outdoor patio for the Red L,ion euilding.Applicant: Frankie Tang and Landmark Properties
4.
5.
5.
't.
The applications and
available for public
Department office.
Toun of Vail
Connunity Development
Published in the vail
inforrnation about the proposals are
inspection in the Cornnunity Development
Department
Trail on llarch 23, t99O.
,
SUBDIVISIONS
review and commenr. Notification shall be mailed at lcasr fifteen
days prior to the dai: set by th. planning and environmenral
commission for pubiic hcaring:
A. The Vail Valley Warer Disrricr.
B. Departmenr of Public Works-
C. Town of Varl Fire Departmelr.
D. Town of Vail Poiice Departmenr.
E. Public Service Comoany of Colorado.F. Hot.v., Cross Eiec:ric Associariol.
G. M ountain Bell-
H. Cablevision companv servins rhe area.I. National Forest. Sc:'vice.J. Upper Eagie Vallev Saniraricn Districr.
K. Other interesteC agencies wh::r applicable.
Such agencies shlii bc requir:C ro make .iecommendations
and commenrs within fifteen dar'5 fss6 the dare of receipr of
no(ification that the preliminarv pian is available for review.
Failure to maie rec c n:;:r:datio ns and/or commenrs within the
prescribed fifte:n :a..'period shail be deemed approval of thc
pre mlnarv ptan.
(Ord.2(1983) $ I (pan).)
I7.l6.l t 0 PEC review criteria.
The burden ofproofshall resr *irh the applicant to sho* that
the appiication is in compliance sirh rhe intent and purposcs of
this chapter. the zoning ordinanr-.e and orher perrinent regulations
lhat the PEC dcems applicable. Dur. consideration shall be given
to the recommendations rnade by public agencies, urilir)-
comnanies and other agencies consuircd under Sccrion 17.16.090.
The PEC shall review the appliclion and consider irs appropri-
ateness in reqard lo to',r'n policies relatine ro subdir.ision control.
dcnsiries propr)sed. regularions, orciinances and resolutions and
ot her applicable docunrenrs, ent ironnrental inregrirl. and compati-
bilitl' wirh rhe surrounding land uses and orhcr applicable
documents. eifecrs on thc aesthetics of the town. environmental
inte grity and cornparibiliry wirh thesurrounding land uses. (Ord.
2(l9Ei) $ I (part).)
E
(\'dl tJ-E:l )2S{
{
J ,f,i
F. List of the name of owners of all property ad;jacent to the Subject
property and their maiiing addresses.
The Valley Condominiums Phase I and 2 of The Va1ley
Super Association East Property Boundary of Elk Meadows
Scott Justice, Manager
1516 Buffehr Creek Rd.
Vai1, C0 81657
476-7360
Charles Bridges Phase 6 of The Valley trr Vice President West Property Boundary of Elk Meadows
NCNB Texas
1201 Main St.
Dal I as TX 75283-0106
pnSe , \.-_5en rY€xt
UTILITY LOCATION VERIFICATION
El k l{eadows SUBDIVIS]-ON
JOB NAME Sinqle Fami l
Lor 4 BI,OCK
ADDRESS 1630 Bueffehr Creek Rd.
Thc location of
rnus t be approved
site plan,
util 1-ties, nhether they be rnain
and verified by che following
Mountain Bell
468-6500
Western Slope Cas Co.
t 800 922-1987
llar ry Moyes
Public Service Company
949-57 8L
Gary llall
lloly Cr:oss E.lec t lrc Assoc,
969-5892
Ted llusky/t{lchael Laver ty
llerlrage Cablevisior-r T.V.
94 9-5s30
Gary Johnson
Upper Eagle Valley WaEer &
Sanitacion Dis t ric t
47 6-7 480
Fred llaslee
NOTE: These verifications do noc relieve the
to obtain a street cut permlc from the
Works an<l to obt.ain utility locat ions
of-way or easenent in tlre Town of Vail
!I!__pjfI-:!!.. A sEreet cut permir rnusr
FTLTNG 2 Parcel A Lion's Ridqe Subvision
trunk llnes
uEili.ties for
or proposed lines,
the accornpanylng
Date
1-vo- ?o
/-Jo -?t'
,/-.Joql
,/*so--?t)
2 '/ 6 '").1
?=1l6 ''i O
cont.rac Eor of his responslbllity
Town of Vall, Departnlent of Public
before di.gging in any pubJic rlght-. A_L,,ii.tt"g p"tl
be obcai[ed seParately.
Thls f or:m ls Co ver:ify servlce availability an<l location,
This should be used in conjunction with preparing your
ut.i.liEy plan and schetluling insEallatlons.
*(Please bring a siCe plan when obtainlng Upper Eagle Va1ley !,Iarer
& Sanltation signa rure s )
Atr tho rizerl S igna t ure
ii
PLANT I'IATERIALS:
(con't)
SHRUBS
Botanical Name
Potenti I I a
Common Name
Potenti I I a 15
EXISTING SHRUES
TO BE REMOVED
Type
GROUND COVERS
Artemi s i a Tri dentata Sage Brush 40
Square Footaqe
Si ze
s0D
SEED Nati ve rasses and wildflowers
TYPE OF
IRRIGATION
TYPE OR METHOD OF
EROSION CONTROL
C. 0THER LANDSCAPE FEATURES (retaining wa11s, fences, swimming etc.) Please specify.poo1s,
I
NAl,lE 0F PR0JECT: Srlg=l=e [amily Home ows
LEGAL DESCRIPTI0N: n'i
STREET ADDRESS: to:o sme#-ar&k Ra.
t
DESCRIPTION OF PRO : 3255 Square Foot 3 Level 2-l car qarages Chinked
The fol'l owing information is required for submittal by the applicant to the Design Review
Board before a finai approval can be fiven:
A. BUILDING MATERIALS: TYPE OF MATERIAL COLOR
Roof
Siding
0ther l.lal'l Materials
Cedar Shakes Natural
10" diameter Loqs/Stucco Naturaj/ White
Boqtdlhd Batten/Rough Cut
Subdi vi s ion
Ridge Sub Div
Log Home
LIST OF MATERIALS
Natural
Fascia
Soffi ts
l,li ndows
llindow Trim
Doors
uoor trlm
Hand or Oeck
Fl ues
Flashings
Ch i mn eys
Rails
le{grlRoqgf Qut Natural
Double Glaze/ Snap in Grills Natural
Pine Rough Sawn lJhite/ Dk. Green
Raised Panel Wood/ French Doors
Pine Rouqh Sawn Natural
Log Timber l4achine Turneo Natural
Painted Metal 16" above Stucco Flue Chase White
Painted l'letal tlh i te
Stucco Flue Chase l'|hi te
NIR
N/R
B.
Trash Enclosures
Greenhouses
0the r
PLANT MATERIALS:
PROPOSED TREES
LANDSCAPING: Name of Designer:
pnone:
Dennis Anderson/ Edward Il. Gwathmey
Common Name Quani ty Size*
Aspen less than 2" trunk
Indicate height for conifers.
(over)
Botanical Name
existing only
EXISTING TREES
BE REI1OVED
To Bgru]ul--
Pine Tonque and Grove
*Indicate calioer for deciducious trees.
APPLICAT]ON DATI:
DATE 0F DRB MEETI i,tc : t4arch Z l, 1990
DRB APPLICAI ION
*****TIIJS APPL ICATION t,'lILI. NOT BE ACCIPTTD UNTIL AI.L INFORT.,IATION IS SUBIIITTtD*****
I. PRE-APPLICATION I"IETTIIIG:
A pre-appljcation meeting wil.h-a planning sLaff member is strongly suggested to
deiermjnb if any additional inlorrnation is needed. No application will be accepted
unless it is corrrrrlete (mrrst include all i tcrns required by the zoninq adnrinistrator).
It is the applicant-'s respon',ibi1ity to tnalle an appoinLnrent with the stafI to find
out about additional subnritl.al requirements. Please note that a COMPLI][ applica-
tion will streanrl ine the approval process for yottr project by decreasing the nuntber
of conditions of .rpprov,rl t-h.rt tlre DIitS nray stipulate. ALL conditions, of approval mttst
be resolved bcl'ore a btrildjng permit is issuecl .
A. PROJECT DISCRIPTIOII:Single Farpily Home for Bradley and Susan Tjossenr
Elk l4eadows Subdivision lot l4
-
B. LOCATION OF PROPOSAL:
Address 1630 B_g_.lilghr Creek Rd.
Leg.r I
Zoni ng
Descri pti on Lot 4 nt".kPuttul A, [ion't Tffinfrbdivision Filing 2
Special Developrnent District
D.
NAMI 0F AppLICANT; Bradley and susan Tjossenr
Address P.0. Box 2975 Vai l CO 8165B tel ephone 4j6_?525
NAI4E 0F APPLICANT'S RIPRISENTATIVE: Jay Peterson
Addres s Vai I National Bank Bui I dinq _ telephone 476-Ooa2
t-NAI'lE 0F gl,tNERS. Susan Tjossem
S i gna ture
Address
F DRB F[E: The fee wi lI
VALUAT I ON
$ 0-$ 10,000
$10,001 -$ 50,ooo
$50,001 -$ 150,000
$150,001 - $ 50o,o0o
$500,001 - $1,000,000 $ 0ver $1,000,000
IMPORTANT NOTICE RI-OARDING
$ 10 '00
$ 25.00
$ 50.00
$1oo.oo **
$200.00
$300.00
ALL SUBMISSIONS Tt, Tll[ DRB:
Box ?975 Vai I, C0 81658 telephone 476-352s
be paid at the time a building permit is requested.
FEE
In addition to nreetinq subrnittal requirenrents, the appljcant must stake the site
to jnrlical.e property lincs .rnd buildinrl cornttrs. Trees that will be removed
should also be rnarkecl . This work must be contpletecl beforc the DIIB visits the
site.
2. The revier,J process for NnJ BUILDINGS will nornral ly involve tvro separate meetings
of the Desiqn Revier,r Board, so plan on at least tlo meetings for their approval.
3. People who fai1 to appear before the Design Revierv Board at their scheduled
meet.ing and who have not asked for a post.ponement will be required to be
reDubl i shcd.
". I
.:
DEFMRTMENT
E@MMUNITV DtrVtrL@
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FMENT
XXXXXXX sALES AcroN FoRM xxxxxxx
AccouNT #
01 0000 41J30 CO}J. DEV. APPUCATICN E=S
1 0000 41540 ZONING AND ADDRESS MAPS
1 0000 42+1s 1988 UNIFORI.I BUILDING CODE
't 0000 42+1s 1988 UNlFO.?t,{ pLU!,{BlNc CODE
l 0000 42+15 1988 UNIFORI.I MECHANTCAL CODE
01 0000 42415 1988 UNIFORII FIRE COOE
1 0000 42+1s IS87 NAT'IONAL ELICIRICAL CODE
1 0000 42115 OTHER COOE BOOKS
1 0000 41548 BLUE PRINTS (MY1-,{RS)
01 0000 42+12 xERox coFtES / sruDtES
1 0000 42371 PENALry FEES / RE_tNsPEcT.IoN
1 0000 +1322 OFF HOURS TNSPECI]ON FE
CoNTRACTORS UcElrsEs fEES
1 0000 41330
0l 0000 41413 ,SIGN APPLICATION
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T0: Kristan Pritz
l'li ke Mo I .l i ca
Vai'l Communi ty Development Department
FROM: Bradley and Susan Tjossem, 0vlners of Elk I'leadows Subdivision
DATE: April 5, 1990 RE: Phasing of the Elk Meadows Subdivision inregards to Fire Hydrant
Instal lation and Pavinq.
The Elk Meadows Subdivision Development will be done in two phases, Phase I
and Phase II.
Phase I will encompass the buflding of one singie family home for Bradley
and Susan Tjossem on Lot 4, during the Spring of 1990.
Phase II will commence, at a time in the future, that a building perm'it is
applied for on any of the addjtional lots.
Phase I
For Phase I, one F'ire Hydrant wjll be required to be installed withing 500
linear feet of the Tjossem residence, on the Private Rodd, no further than
5 feet from the edge of said Private Road. l.|e proposeinstalling said Fire
Hydrant af soon after the building permit is issued,as feasible. Secondly,
we propose puving the Private Road from Euffehr Creek Road to and including
the driveway of the Tjossem residence. All the rest of the existing
Private Road will be covered with top soil and reseeded to it's natural
state until Phase II.
Phase II
At the commencement of Phase II, Fire Hydrants will be installed in accordance
with all regulations. Secondly, the Private Road will be re-built to
servjce new resjdences and have the required Fjre Department turn around. Private
Road and turn around will then be completely paved. Please refer to the
Landscape/Site Plan for the future configuration.
7 W'Vtgu u ,,--h\
PUBLIC NOTICE
NoTIcE Is HEREBY GMN that the Planning and Environmental
Conunission 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 May 14, 1990 at 3:00 p.m. in the Town of Vail
Municipal Bullding. Consideration of:
A request for a final plat for a major subdivision for sDD
No. 16, on a portion of Parcel A, Lionrs Ridge Subdivision,Filing No. 2 (The Valley - Phase III)Appticant: Brad and Susan Tjossen
A request for an exterior alteration in order to construct
an addition to the BelI Tower Building at 20L Gore Creek
Drive.Applicant: Clark I{illingham ,/ Bell Touer Associates, Ltd.
A request for a site coverage variance for an addition on lot 3L, Block 7, Vail Village 1st Filing.Applicant: H. Ross Perot
A reguest to apply High Density Multi-Family zonlng to the
Mariott lltark Resort and for a rnajor amendment to special
Developnent District No. 7 (Marriott Mark) in order to add
58 tineshare units and 8 employee housing units.Applicant: Marriott Corporation.
A reguest for a conditional use pernit to allow for a Bed
and Breakfast at Lot 118, ltatterhorn Vitlage Subdivision.Applicant: Willian Clen
A request for a major subdivisionr a request for a variance to the maxirnum height for retaining walls, and a request for
a variance to the maximum percent grade for a road, on a
parcel conmonly referred to as Spraddle Creek, an
approxinate 40 acre parcel located north and east of the
Main Vail I-7o interchange and east of the Spraddle Creek livery. Conmencing at the Northeast Corner of the Southeast I/4 of the Southwest L/4 of Section 5, Township 5 South,
Range 80 West of the 6th Principal Meridian, being an Eagle
County Brass Cap properly narked and set. with all bearLngs
contained herein being relative to a bearing of s oo 11r oorl
E between the Northeast Corner of Eaid Southeast L/4 of t'tre
Southwest L/4, and the Southeast Corner of said Southeast
L/4 of the Southwest L/4 being an Eagle County Brass cap
1.
2.
3.
4.
5.
6.
\
properly narked and seti 6aid Northeast Corner of the
Southeast L/4 of the Southwest l/4 being the Point of beginningr thence S OO 11r O0rr E aLong the east line of said Southeast L/4 of the Southwest L/4 of Section 5 a distance of 1320.14 feet to the Southeast Corner the sai.d Southeast L/4 ot the Southurest L/4 of Section 5i thence S 89 47r 48[ w along the south line of said Southeast L/4 of the Southvest I/4 of Section 5 a distance of 901.00 feet; thence N 73 481
32rr W along Interstate 70 Right of Way line a distance of
21-4.L2 feet; thence N 66 52r 12rr I{ along said Right of Way line a distance of 24J-.10 feet to a point on the west Line of said Southeast l/4 of the Southwest 1/4 of Section 5;
thence N OO 20, 31n W along the nest llne of said Southeast l/4 ot the Southwest l/4 of Section 5 a distance of 1161.66 feet to the Northwest Corner of the Southeast L/4 of ttl.e
Soutbwest L/4 of Section 5 being an Eagle County brass cap properly marked and set; thence N 89 41t Lz't E along the north line of said Southeast L/4 of the Southwest l/4 of
Section 5 a distance of 1331.07 feet to the Point of
Beginning. Said real property containing 39.55 acres, more or less.
The applications and infornation about the proposals are
avail-abl.e for public inspection in the conmunity Developuent
Department office.
Town of Vail
Corununity Development Departrnent
hrblished in the VaiI Trail on ApriL 27, 1990.
I'PI,AI.INING AND ENVIRONUENTAL CO!,T}ISSION
APRrL 23, 1990
Present
Chuck Crist
Diana Donovan
Connie f6ight
Ludwig Kurz
Jim Shearer
Kathy Warren
llemberE Absent
Dalton Willians
staff Kristan Pritz
Tom Braun
Mike Uollica
Penny Perry
Betsy Rosolack
Staff Absent shelly Uello
The Planning and Environmental Connission neeting was called to
order at 3:2o p.m. by Diana Donovan, Chairperson.
Item No. 1: Approval of ninutes frorn APril 9. 1990 meetinq.
Diana Donovan felt there ldere some changes she needed to discuss
with Ton before approving the minutes.
A notion to table the minutes from the Aoril 9, 1990 was
made bv Jim Shearer and seconded bv Kathy Warren.
VOTE: 6-OINFAVOR
Iten No. 2:
Block 2, Lionsridae Filinq No. 3.Appticant: Pat Dauphinais. Dauphinais-Mose1ev
Construction.
Kristan Pritz explained that the applicant reguested to table tbe
itern until the next neeting.
l,lotion to table the itern until Mav 14, 1990 was made bv
Kathv Warren and seconded bv Jim Shearer.
VOTE: 6-OINFAVOR
A recruest for a final plat for a maior subdivision
and for sDD No. 22, a resubdivision of Lots 1-19.
Uike Mollica presented the project
was requesting two separate iterns:
explaining that the
a prelininary plan
applicant for a rnaJor
'l
subdivision and a major amendrnent to sDD No. 15. Uike reviewed
iG ipp""priate crit6ria relating to the requests found within
tne nLino.- The staff recornmended-approval- of the pretininary plan
for the EIk Meadows subdivision and the amendment to sDD No. 16
wiitr c"naitions. The proposal basically followed the underlyS-ng
Residential CLuster zo-nin-g and Planned Unit Development zoning
originally approved by Eagle County.
Kathy l{arren askecl to see the previous plat- ttrat had been
afprbvea and inquired whether the small setbacks and roof
oilrhangs had bden addressed and Mike explained that all of the
;tiiiai;;, incLuding the overtrangs, was required to be within the
confines of the building envelope.
Kathy asked if the GRFA of the ernployee dwelling- units was in
aadition to ttre allowed GRFA and Uike answered that there nould
u. ro additiott"l GRFA, the emptoyee units would be included in
the 15,000 sg. ft. of GRFA allowed.
Ludwig Kurz felt there hrere many positive.points regarding the-
;;;;;"i.--se rled the reduction- in density. He also liked the
'aftinroent of the road the vay i!. was proposed, in order to
tie6"ttt" the meadow area as much as possible'
chuck crist asked lf there would be an additional tap fee- for the
"rpr"y"" unit and Mike explained that the tap fees would.be up to
tfr! aiscretion of the Upp-er Eagle Valley Water & Sanitation
District. Chuck also aiked if a home that included an empl'oyee
""ii-t""fa iequire covered parking and l*like explained tbat under
;;;;a-;"qoiJtiols covered- parkiig would indeed be required for
a home vith an emPloYee unit.
Kathy warren asked rphat the setbaclts were on the previously_
lppr-ovea plat and Mike explained ttrat they nere approxinately the
,1h". Xattry stated that since the setbacks were tlre same she
could approi" the project. rn addition, sbe wished to know how
iaaiii"i,i,l parking-wolta be handled and Kristan explained that-
there lrere no p.oii=iotrs for additional parking. Each home had a
n"roU",' "f par*ing "p"""r required relating to GRFA. AI1 reguired
pirii"g nnlt be 5n -sit". Xitny comrnented that she thought the
project illooked goodrr.
,fj.rn shearer had no major concerns with the project. He was also
concerned about itre pirfing but was more comfortable due to the
previous explanation bY Kristan.
connie Knight wished to clarify whether the Dauphinais
Sufaivisioi ernployee units were in addition to ttre allowed GRFA
ler tfr- SOo. i<ri'stan e:rplained that they were in addition to the
illowed GRFA of the nev 3Op Uut did not exceed the GRFA that
would have been applied with the underlying zoning'
Diana connented that the building envelopes shere not all the
sane size, yet the allosed GRFA per envelope was the same
throughout. She guestioned how this norked and Kristan explained that the variation in the size of the building envelopes would
present no problens building. chuck Crlst asked what the site
coverage was and Kristan explained that they were allowed to build on essentially the whole site wlth the exception of the
setbacks.
A motl-on for apnroval of the nrelininarv plan wlth
conditions per the staff nemo asJEollows was nade bv Kattrv
Warren and seconded bv cttuck Crist.
1. The developrnent of each building enveloPe will complv with the rockfall mitiqation rePorts oreoared by
Nicholas Lampiris, Proiect Geolooist; and DonaLd G.
Pettvgrove. P.8.. Proiect Manaqer with Banner
Associates, Inc. such reports are dated Februarv 23'
1987, Februarv 25. 1987. June 12. 1987' June 15. 1987.
ilutv 22. 1987 and l,larch 12. 1990' and will be kept on
file in the Townrs ConmunitL Developnent offices. Each
individual lot owner will be responsible for couroleting
the hazard rnitiqation for their lot, per the above
narned reports. This restriction shall be noted on the
Final PIat.
VOTE: 6-OINFAVOR
A motion for a recontnendation to the Town Council for
aoproval of the nraior anendnent to SDD No. 15 with the
followinLconditions per the staff nemo was made bv Kathv
Itarren and seconded bv Llrdwis -Iqrrz-=
neet the criteria listed in Section V.8.2 of the staff
@no.-
That no portions of anv buildinq shall extend over the
buildino enveLope boundaries.
That approval of the ma'ior anendment to SDDIo. 16 be
continqent upon PEC approval of the Final Plat for the
subdivision.
1.
2.
3.
t J VOTE: 6-OINFAVOR
Iten No. 4:An apneal of a decision of the zoninq administrator. pursuant to Section 1"8.66.03o of
the zonino code, regardinq the Townts definition
of rrsite coveraqerr (Section 18.04.360) .
specificallv as it relates to Lot 3X, Block 7.Vail Villaqe First Filino.Aoplicant: Jim Morter, for H. Ross Perot.
Irtike l.tollica explained that Jin l.torter was representing titr. H.
Ross Perot. Jim was appealing the decision of the staff
concerning the definition of rrsite coverage.!r The request
before the PEc centered around the Town of Vail Zoning Code definitions of Isite coveragerr and lBuilding.tr The applicantrs position was that rrbecause the garage would be totally covered by existing grades (the site over the garage will be taken back to its original grades and landscaped conditions), the garage was
not covering the site.rr The staff believed that the garage sas
indeed a building as defined in the code, the garage required new grading and did not meet existing grades, and did not support the
applicantrs position that the garage should be considered as a
landscape feature. The staff coutd not support the applicant's
request and felt the garage should be included as site coverage
as defined in the Tol,ttnts zoning code.
Jirn llorter explained that he was not disagreeing with tbe definition of I'building.rr He felt the garage was definitely a building. He was disagreeing with the definition of rrsite
coverage.'r Ile felt the building did not cover the site, the site
was covering the building. He also wished to point out that currently there was no parking on the site. ff the appeal were
not granted, the only option would be on-grade parkj-ng and to
can/e into the site. He showed an elevation of how the cut would Iook. The retaining wall would increase 14 to 19 feet. Jin
stated that regardless of the on-grade parking inplications' the
proposed garage would not cover the site. The site vould cover
the garage. Jim explained that ltr. Perot was offering to
landscape the area across the street where he presently parked on
the Townts property. The disagreement wasthe definition of rrsite coverage. tl
Chuck Crist asked Mike if, in fact, according to Mikers
calculations, the proposed grades would not be exaetly as existing, rather it would be 2t higher and Mike concurred. Jin
explained that they would be more than happy to bring the grade
UacX to the original height but he felt that if they ltere going
BANNEFI
April 12, 1990 ,ii ,,ii I it 1gg0
Bradley Tjossem
Post Office Box 2975
vail, co 81657
RE: Culvert Design Criteria
Dear Brad:
we have reviewed the hydraulic requirements relative to the
change fron lo-year to 25-year design storm.
The revisions cause the design flow to increase fron the 1o-
year flow of 2.O cfs to a 25-year flow of 3.3 cfs. This
will not require a change to the l-Brr diameter culvert,
however, because both flows are considerably below the
culverts capacity of 5.7 cfs.
Should you have any further questions or concerns, please do
not hesitate to calI.
Very truly yours,
BANNER ASSOCIATES, INC.
Donald G. Pettygrove, P.E
DGP/bg
file: IGRJ.9OO3. BLG]TJOSSEM. LET
Enclosure: Calculation Sheets
BANNER ASSOCTATES, INC. BANNER ASSOCTATES. tNC.
CONSUITING ENGINEERS & ARCHTTECTS CONSULTING ENGTNEEAS & ARCHITECIS
2777 CROSSROADS BOULEVARD SUTTE 6, 605 EAST MAIN
GRAND JUNCT|ON, CO 81506. l303't 243-2242 ASPEN, COLORADO 81611 . (303) 925-s857
TABLE 5. COMPUTATION SHEET FOR CIIART MEIHOO
l. Required Input
A = l.')
P . - ,.)
61,1 = --:ll-
2. Conpute Vo lurne of Runoff, Q
q = | , I Inches: Lise CiJ and P
Acres : Drainage Area
Years : Design Frequency (return Period)
Inches: Rainfall depth for 24-hour, T-year event
Average watershed slope
Runoff Curve Nunber < J'.
Cornputed By G''e\ --, Oate 4 lnl ? ,t
Checked By Date
t// i(_ -L-'i
rl,
.i9
:1,
d-:'
-;.
!il
(0ptional:
as inpur to Fig. 5
if adjustnent is not nade, set /J. Watershed Shapf Adj ustnent
EA=A) /,l HL= / feet :
E{ i _____l:_ Acre s :
HF= / :
I
Hydraul ic Length
Equivalent Drainage Area (use Fig. 10)
HF = A/EA
4. obtain Unit Peak Discharge, qu
QU = 3.0 cfs/inch Q : Use EA with Fig. ll
flat, moderate, and
5. Watershed SloPe InterPolation Factor, SF (OPtj.onal:
nade, set SF = f.0)
sF = l.d
6. Ponding and Swanp
is not nade, set^F
PPS =
[ocation
Design
PF=
(Sheet I, 2, and 3 for
steep slopes, respect ivel y)
if adjustnent is not
: Use Y and EA with Table 7
torage Adjustnent Factor, PF (OPtional: if adjustEent
= 1.0)
tr : \ of Ponds and Swanpy Area (Based on actual drainage
area A)
: Use PPS and T t{ith Table 6-a,
Upper Reaches (6-c)_
6-b, or 6-c.
8.
Peak Discharge QP, Calculation xith Adjustnents
o'= 9u.o I I'l-fi; 'T I ,.% , -{-L/. -t'+ ";r-.--
^
--j"-j---
'- ""-:j,-
^ jP 'r'-", n/. A.-^e .t, a '
tlodifications for Urbanization '. l'" , i. ,'^ '
' -/-L;'IMP = ? : Percentage of ImPervious Area (based on actual "
\
drainage area A) ]
IMPF = : Inpervious Area AdjustDent Factor (Fig' f2) |
Hua =
....'..'- t : Percentage of Hydreulic Length l'{odified I
Hl.l'lF =
-
: tlydraulic Length Modified Factor (Fig' 13) j
QPU = QP x IMPF x HLI'IF
=xx cfs
to
OIATEq
ilr"i'
'
PHoNE 476-3525 A.APPLICANT
APPLICATION FOR
MAJOR SUBDIVISION REVIEl,l
(more than 4 lots)
Bradley and Susan Tjossem NAME OF
mAnrne
NAME OF
MAILING
NAME OF
OI,JNER'S
MAILING
ADDRESS
APPL ICANT'S REPRESENTATIVE
75 Vai I . C0 81658
B.
c.
ADDRESS Vai I National Bank Buil dinq p1161E476-0092
PROPERTY
S IGNATURE
ADDRESS
0WNER (print or type)
Box 2975
Sus an
D. LOCATION OF
L0T5 l-5
PR0P0SAL El k I'leadows Subdi vi si on
LOTs
BLOC KS
BLOCKS
SUBDIVISION
SUBDIVISION
E.
-F.
FEE $t0o.0o pnro j\Ag\t, \*.N )-\tfA ri>\rq'\t\\
CONSULTATION REQUIRED
The first step is to in meeting submittal
request a meeting with the zoning administrator to assist requirements and give the proposal a preliminary review.
G.
H.
INCLUDE a list of all adjacent property owners and their mailing addresses.
SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEW CRITERIA
submittal requirements, review criteria and the approval process for major subdivisjons can be found in chapter 17..|6 of the subdivision Regulations.
ORDINANCE NO. L7
Series of 1990
o ''',0,t ./4
-f ' ,'o
W" Uote"
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 32
SERTES OF 1987, TO PROVIDE CHANGES TO SPECTAL DEVEIOPUnNT
DISTRICT NO. 15 THAT CONCERN A REDUCTION OF THE NI'I,TBER OF UNITS
PERMITTED' AD.N,STING THE GROSS FSSIDENTIAL FIPOR AREA PER UNIT'
E!,IPIPYEE DWELLING UNITS t AND ARCIiITECTURAL GUIDELINES AND SETTING
FORTH DETAII,S IN REGARD THERETO
WHEREAS, Chapter 18.40 of ttre VaiI Municipal Code authorizes
Special Development Districts within the Towni and
WHEREAS, the Town Council approved Ordinance No. 32, Series
of 1987 establishing Special Development District No. 15; and
WHEREAS, Brad and Susan Tjossen have requested to amend the
existing Special Development District No. 16' Elk Meadows, for a
certain parcel of property vithin the Town know as The Valley,
Phase III, part of Parcel A, Lionrs Ridge Subdivision, Filing No.
2; and
WHEREAS, there is an identified need for employee housing in
the community; and
}JHEREAS, the Town of Vail has not adopted fornal policies to
encourage the developrnent of enployee housing unitst and
WHEREAS, the Special Developrnent District provides for
creativity and flexibility to allow for the development of
employee housing; and
WHEREAS, the Town Planning staff and Planning and
Environmental commission has recommended that certain changes be
rnade in Special DeveloPment District No. 15t and
WHEREAS, the Town Council considers that it is reasonable,
appropriate, and beneficial to the Town and its citizens'
inhabitants, and vj-sitors to repeal and reenact ordinance No. 32,
Series of 1987 to provide for such changes in Special Development
District No. 16, Elk lleadows.
NOW THEREFORE, BE TT ORDAINED BY THE TOI{N COUNCIL OF THE
TOI{N OF VArL, COTORADO, THAT ORDTNANCE NO. 32, SERTES OF 1987, rS
HEREBY REPEALED AND REENACTED WITH N.TENDI.IENTS TO READ AS FOLIOWS:
Report.
The approval procedures prescribed in Chapter 18.40 of the Vail
Municipal Code have been fulfilled, and the Town council has
received the report of the Planning and EnvironmentaL Cornmission
recommending approval of the proposed development plan for
Special Development District No. 15.
,
Section 2. SpecLal Developrnent District No. 16.
Special Development District No. 16 (SDD 16) and the development
plan therefore, are hereby approved for the development of Phase
III, The Valley, part of Parcel A, Lionrs Ridge Subdivision
Filing No. 2, within the Town of Vail consisting of 3.6 acres.
Section 3. Purpose.
Speciat Development District 16 is established to ensure
courprehensive development and use of an area that will be
har:monious with the general character of the Town of VaiI. The
developnent is regarded as conplimentary to the Toriln, by the Town
Council, and meets alL design standards as set forth in Section
18.40 of the Municipal code. As stated in the staff memorandum
dated April 9, L99o, there are sigmificant aspects of Special
Development District 16 which are difficult to satisfy througtr
the imposition of the standards of the Residential Cluster zone
district. SDD No. 16 a1lows 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 ,
scenic features of this site, building envelopes will be
established which designate the areas upon the site in which
development will occur. The establishment of these building
envelopes will also perroit the phasing of the development to
proceed according to each individual ownerts ability to construct
a residence. SDD No. 16 provides an appropriate developrnent plan
that maintains the unique character of this site, given the
difficult site constraints which must be addressed in the overall
design of the project.
Section 4. Development Plan.
A. The development plan for SDD No. 16 is approved and shall
constitute the plan for development within the Special
Development District. The developrnent plan is comPrised of
those plans subrnitted by Brad and susan Tjossem and consists
of the following documents, which wiII be finalized at the
najor subdivision final plat review:
1. Elk l,leadonrs Subdivision Phase III , The Valley,
Preliminary P1an, a resubdivision of part of Parcel A,
Lionsridge Subdivision, Filing No. 2, Eagle Valley
Engineering and Surveying, Mr. Dan Corcoranr sun/eyor.
2. Final DRB LandscaPe Plan, EIk Meadows, Phase III,
Dennis Anderson Associates, Februaty 26t 1990.
3. Prototlpical building design plans' Alpine Log Homes,
August 2L, 1989, sheets 1-6.
4. Environmental Impact Report subnitted by Mr. Peter
Jamar, Associates, Inc., Augtust 5, 1987r vhich Lncludes
the rockfall nitigation requirements. Such rockfall
reports are dated February 23' L987t Sebruary 25, L987'
June 12, L987, June 15, L987, July 22, L987 and March
L2, L99o, and witl be kept on file in the Townrs
Connunlty Developnent offl.ces.
5. other general submittal docunents that define tlre
development standards of the special Developnent
District, dated llarch 10, 1990.
B. The developnent plan sha1l adhere to the following:
1. Acreaoe: The total acreage of the site is 3.619 acres
2. Pernitted Uses: The permitted uses for the site are
proposed to be:
a. single fanily residential dwellings
b. Open space
c. Private roads
d. Enployee dwelling units as defined in Section 5,
paragraph C of this ordinance.
3. Conditional Usesl
a. Public utllity and public service uses
b. Public buildlngs, grounds and facilities
c. Public park and recreation facilities
4. Accessorv Uses:
a. Private greenhouses, tool sheds, playhouses'
attached garages or carports, swinning pools,
patios, or recreation facillties custonarily
incidental to single-fanily uses.
b. Home occupations, subject to issuance of a hone
occupation permit, in accordance with the
provisions of Sections 18.58.130 through
18 . 58. 190.
c. other uses custonarily inci.dental and accessory to
peruritted or conditional uses, and necessary for
the operation thereof.
d. Horse graztng, subject to the Lssuance of a horse
grazing pe:ruit, in accordance with the provisions
of Chapter 18.58.
5. Parcel- Acreaoes and Uses:
a. Building Envelopes: as set forth on the Fina1
Plat.
1. 0.095 acres' 1 single fanily dwelling unit +
one optional emPloYee unit.
2. 0.089 acres, 1 single fanily dwelling unit +
one optional eroPloYee unit.
3. O.O78 acres, 1 single fanily dwelling unit +
one optional enployee unit.
4. 0.093 acres, 1 single fanily dwelling unit +
one optional enployee unit.
5. 0.141 acres, 1 single faurily dwelling unit +
one optional enPloYee unit.
b. Tract Lz 2.5 acres, open space.
c. Tract 2z o.59 acres, private access road.
5. Setbacks - Mininun setbacks for the location of
structures in relation to building envelope perimeter
lines shall be as follows:
a. No structure shaIl be located on any easement as
so designated on the final plat of the
subdivision.
b. No structure shall be located less than two feet
from either the east or the west building envelope
perimeter line'
c. No structure shall be located less than three feet
fron the north building envelope perimeter line.
d. Notrdithstanding 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. No portion of tlre unitr decks, wall-s
etc. sha1l encroach beyond the building envelope.
7. Densitv: ApProval of this development plan shal'l
perurit five (5) singte farnily dwelling units, plus five
(5) optional eurployee dwelling units-
A minirnun of one (1) enployee dwelling unit gha.Ll be
constructed, and said enployee unit shall be a Part of
either the first unitrs or second unitrs building
pennit for the project. AII ernployee dwelling units
shall rneet the criteria listed in Section 5' c of this
ordinance.
8.
9.
A building situated on a single unit residential
building envelope shall not contain more than 3'200
aquare feet of GRFA.
Buildinq Heiqht: Bullding height shall not exceed 33
feet for a sloping roof.
Parking: Parking shal1 be as reguired in Section 18.52
of the Vail l,lunicipal code. At least one enclosed
parking space, per dwelling unit shall be required.
Each enployee dwelling unit shall have one enclosed
parking apace.
10. Landscapinq: The area of the site to be landscaped
slrall be as indicated on the prelirninary landscape
plan. A detaited landscape plan shall be subnitted to
the Design Review Board for thelr approval . The Design
Review Board approved final landscape plan shall
represent the subdivisionts general landscape
reguirements.
The entire portion of every building envelope, not
covered by pavernent or buildings, shall be landscaped
as well as any areas outside the building envelope
disturbed during construction.
11. Desion Guidelines: The Design Guidelines shall be
subnitted to the Design Review Board for their Fina1
approval . The pRB final design guidelines shall
represent the approved design guidelines. Design
gruidelines for SDD No. 16 are as follows:
a. Roof pitch shall be between 4 feet in 12 feet and
6 feet in 12 feet.
b. Roof material shall be Cedar shakes.
c. Siding material shall be either log or stucco with
J.og perlins, log railings, or other log members,
natural rock, or a conbination of the above, and
shall be applied horizontally as indicated on the
prototypical buildinq elevations. only llght
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 shall be light in color.
e. AII windows shall be white metal clad or ltood
windows. and will be I'divided lighttr style.
All roofs shall have overhangs of at least 1 foot
in order to protect walls and waII openings fron
rain and snow and to contribute to the buildingrs
character.
L2. Recreation Amenities Tax: The recreational anenities
tax shall be assessed at the rate for the Residential
Cluster zone district.
Protective Covenants: Prior to major subdivision final
plat approval , the developer shall fil-e protective
covenants on the land records of Eagle County which
will provide that each owner who builds a structure on
a designated building envelope shall cornply with the
design guidelines and rockfall rnitigation reguirements
as outlined by the EIR by Janar Associates August 5,
L987. Copies of the gruidelines and nitigation
reguirenents shall be availabLe at the Town of Vail'
Courmunity Development office.
The covenants sha1l also provide in regard to the
covenants dealing with design guidelines, rockfall
nitigation and enployee housing that the Town of vail
shall have the right to enforce the covenants and that
the covenants rnay not be amended or deleted without
Town of VaiJ- approval.
The protective covenants shall be approved by the Town
of Vail attorney, prior to najor subdivision final plat
approval .
Section 5. Conditions of Approval
A.Special Developrnent District No. 16 shall not be effective
until the najor subdivision is approved by the Planning and
Environmental coruoission and is recorded by the Town of Vail
at the Eagle County Clerk and Recorders Office.
The najor subdivision shall be recorded at the Eagle County
Clerk and Recorderrs Office before a building permit is
released for any construction on the subdivision including
conmon improvements as well as individual residences.
The development of Special Developroent District No. l-5 will
have impacts on the available enPloyee housing within the
Upper Eagle Valley Area. In order to help neet this
additional employee housing need, the developer of Special
f.
13
B.
c.
Developnent Dlstrict No. 16 shall provide employee housing
on site. The following restristions shall apply to all
employee dwelling units within SDD No. 16:
The developer shall build a uininum of one enployee dvelling
unit within the subdivision. Each enptoyee dwelling unit
shall have a nininun square footage of 4OO square feet, not
to exceed 5oo square feet, and is allowed to have a kitchen.
The developer nay provide up to 5 enployee dwellLng units,
includi.ng the 1 reguired dwelling unit, if so desired.
The employee dwelling units may be located on any of the
lots within the subdivision providing all the development
standards are met for each lot. Only one enployee dwelling
unit shall be allowed per lot. An enployee dwelling shall
be incorporated into the structure of the prinary residence
and shall not be allowed to be separated fron the prinary
unit. Each enployee dweJ-Iing unit shall have one enclosed
etarage parking space. This parking space shall not be
detached from the single-farnily garage or structure. The
employee dwelling unit shall be prohibited from having a
wood burning firepl.ace.
The enployee dwelling unit shall be restricted as a rental
enployee dwelling unit pernanently. The enployee dwelling
unit shall not be leased or rented for any period of less
than 3o consecutive days, and that if rented, it shall be
rented only to tenants who are full-tiure employees in the
Upper Eagle ValLey. The Upper Eagle Valley shall be deened
to include the Gore Valley, llinturn, Red Cliff, Gihnan'
Eagle-Vai1, and Avon and their surrounding areas. A full-
time employee is a person nho works an average of 3o hours
per week. An ernployee dwelling unit shall not be divided
into any form of tine-share, interval ownership' or
fractional fee ownership. The enployee dwelling unit shall
not be sold, transferred or conveyed separately frorn the
single fanily unit.
The owner of each enployee dwelling unit shall be reguired
to declare in writing, on an annual basis to the Town of
Vail , that the enployee dwelling unit has been rented as a
long tertn rental per the requirements outlined in this
section. This declaration shall include a written statement
o
D.
fron the orrner listing the renterrs nane, place of
enplolment, and length of tirne the unit sas rented. The
declaration shall be required to be signed by both the lot
owner and renter.
A declaration of covenants and restrictions shall be filed
on record in the office of the Eagle county Clerk and
Recorder in the forrtr approved by the Town Attorney, for the
benefit of the Tolrn, to ensure that the restrictions herein
shall run nith the land before a building pernit is released
for the construction of any enployee dwelling unit. The
Town of Vail shall be a party to this ernployee housing
agreement.
The developer and Town shall enter into a developerrs
agreement which shall. provide that no Final Plat for
subdivision shall be signed by the Totm unless security is
provided by the developer to ensure cornpletion of the
improvenents as designated in the applicantrs phasing plan
for the project, per tbe staff menorandum, dated April s,
1990, Section V, 9.
The architectural and landscape design guidelines shall be
incorporated into the subdivision covenants before the Fina1
Plat is recorded at the Eagle County Clerk and Recorderrs
office. The Town of Vail shal1 be party to these
agreements.
Section 6. Amendments
Amendments to SDD No. 16 shall follow the Procedures contained in
Section 18.40.100 of the Vail l'{unicipal Code.
Section 7. Expiration
The applicant must begin construction of the Special Developrnent
District within 3 years from the tiue of its final approval , and
continue diligently toward conpletion of the project- ff the
applicant does not begin and diligently work toward the
conpletion of the Special Development District or any stage of
the special Development District within the tirne llnits imposed
by the preceding subsection, the Planning and Environmental
Commission sha1l review the Special Development District. They
shall recomnend to the Town Council that either the approval of
the Special Developnent District be extended, that the approval
of the Special Developrnent District be revoked, or that the
Special Development District be amended.
E.
Section 8.
If any part, section, subsection, sentence' clause or phrase of
this ordinance is for any reason held to be invalJ.d, such
decision shall not affect tlre validity of the remaining portions
of this ordinance; and the Town council hereby declares it sould
have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that
any one or rnore parts, sections, subsectionsr sentences, clauses
or phrases be declared invalid.
Section 9.
The Town Council hereby finds, deternines and declares that this
ordinance is necessary and proper for the health, safety and
welfare of the Town of Vail and inhabitants thereof.
Section 10.
The repeal or the repeal and reenactnent of any provisions of the
Vail l{unicipal Code as provided in this ordinance shall not
affect any right which has accrued, any duty iroposed, any
vLolation that occurred prior to ttre effective date hereof, any
prosecution comnenced, nor any other action or proceeding as
comnenced 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 expressly stated herein.
Section 11.
All bylaws, orders, resolutions and ordinancesr or parts thereof,
inconsistent herewith are hereby repealed to the extent only of
such inconsistency. This repealer slrall not be construed to
revise any bylaw, order, resolution or ordinance' or part
thereof, heretofore repealed.
INTRODUCED, READ AND PASSED ON FIRST READING THIS
-
dAY Of
, 1990, and a public hearing shall be held on this
Ordinance on the day of , 1990 at 7:30 p.n.
in the Council chanbers of the vail Municipal Building, VaiI,
Colorado.
ordered published in full this
-
day of , 1990.
Kent R. Rose, lllayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND RIADING AND ORDERED
PUBLISTIED this
-
day of ,1990.
Kent R. Rose, l,layor
ATTEST:
Pamela A. Brandmeyer, To$tn Clerk
L0
oo
MINUTES
VAIL TOUN COUNCIL MEETING
MAY 1, 1990
7:30 P .14.
A regu'lar meeting of the Vail
p.m., in the Council Chambers
I,IEI4BERS PRESENT:(ent Rose, Mayor
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert LeVine
Peggy 0sterfoss
Ton Steinberg, Mayor Pro Tem
Charlie llick, Assistant Town filanager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
TI,IEMBERS ABSENT:
TO}IN OFFICIALS PRESENT:
The first item on the agenda was approval of minutes of the April 3 and 17, 1990,
neetings. Rob LeVine moved to approve the minutes as presented, with a second
coming from Lynn Fritzlen . A vote was taken and the vote passed unaninously 5-0.
At this point in the meeting Merv Lapin was absent.
Item number two was Citizen Participation. There being no Citizen Participation,
the council moved to item number three.
Item number three was an appeal of the Planning and Environmental Comnlssion
decisions regarding the redevelopment of the Red Lion building (Conditional use ,permit, Stream setback variance, Site coverage variance, and an Exterior
alteration). Kristan Pritz initiated the discussion by calling the Council's
attention to an April 27, 1990, memo from Community Development in regard to the
appeal of the Red Lion redevelopment approvals and Ordinance No. 16, Series of 1990.
She stated five separate motjons eventually wou'l d be made to deal with various
considerations before the council. To be considered prior to the reading of
Ordinance 16, 1990, were the fo'l lowing:
1. A site coverage variance to permit a .25 percent increase in thjs
property's site coverage. This request was approved by a Planning
Commission 6-1 vote. A motion to uphold or overturn this request wou'ld be
necessary.
2. A stream setback variance to allow a two foot encroachment into the
required thirty foot stream setback. This request was approved by a 6-1
Planning Conunission vote. A motion to uphold or overturn this request
would be necessary.
3. A conditiona'l use permit for an outdoor dining deck on the east side of the
Red Lion bui'l ding. This request v{as approved by a 7-0 P'l anning Comlssion
vote. A motion to upho'ld or overturn this request would be necessary.
4. An exterior a'lteration to add enclosed floor area to the Red L'ion
bui'ldjng. This request was approved by a 5-2 Planning Conmission vote,
with 11 conditions as outlined in the April 17, 1990, memorandum to the
Town Council. The council asked the app'licant to agree to a 12th condition
at the May lst meeting. The 12th condition to be added to this approval
would require the owner to pay an incrementa'l increase in parking fees that
may be established within two years from the time a building pernit is
issued for this project. A motion to uphold or overturn this request would
be necessary.
Itlerv Lapin arrived at 7:55 P.M.
Kristan further specified that if the Planning Commission's approva] of these four
reguests were to be upheld by the Town Council, the Council should conditlon their
approval upon the passage of Ordinance No. 16, Series of 1990, a modification of a
View Corridor #1 . Kristan stated that the PEC reconunended approval of the View
oo
Town Council was he'ld on Tuesday, May 1, 1990, at 7:30 of the Vail Municipal Building.
t *
oo oo
Corridor amendment by a vote of 6-1 in favor, with two condjtions. She further
stated the Ordinance was approved by a 4-2 Council vote at the first reading in April, and a motion to approve or deny 0rdinance No. 16, Series of 1990, with two
reconmended conditions as outlined in the April 17, 1990, memorandum, wou1 d be
requested. Kristan advised Council to focus on the appeal of the entire project in
cons'ideration of each of the variances and the condjtional use permit that were
being requested in order to complete the project.
The first area to be discussed was the exterior alteration review criteria.
Included in this was the discussion of the urban design guide plan and urban design
considerations which included the fo'l lowing: a: pedestriazation b: vehicular
penetrat'ion c: streetscape frarnework d: street enclosure e: street edge f:
building height g: views and foca'l point h: service and de'l ivery i: sun/shade j:
architectura'l and landscape consjderation. Al'l detai'l s were presented as described
in the March 19th, 1990, memorandum from Community Development to the Planning and
Environmental Commjssion. Information in regard to the Stream setback variance to
allow a two foot encroachment into the required thirty foot stream setback was
discussed next, with reference to the March 19, 1990, memorandum. Revlew criteria
for each variance and the conditional use permit were presented for Council
consi derati on .
The third item to be considered was a conditional use permit for an outdoor dining
deck on the east side of the Red Lion building. The fourth item was a site coverage
variance to allow for an entry on the east side of the Red Lion. Kristan explained
that at the PEC's regular meeting, April 9, 1990, approvals were given on those
items. PEC conditions of approval per the April 17th staff memo for the project
included: 1. As a part of this redevelopment, the applicants agree to point and
repair the brick wall along Bridge Street and in the area of the small Plaza to the
northwest corner of the site. Improvements to this Plaza may also include upgrading
existing benches, planters, newspaper box and trash receptacle locations and
landscaping. 2. The Streetscape improvements shown along Hanson Ranch Road are
considered conceptual and the applicants shall agree to work with the Staff and
l'linston & Associates in refining this design relative to the Vail Village
Streetscape P1an. Thjs condition shall also apply to the Plaza area referenced in
condjtion #1 and the landscape improvements proposed adjacent to ftlill Creek. 3.
All windows located on stucco walI plains shall be recessed a minimum of three jnches. 4. State-of-the-art venting shalI be used to reduce negative impact
(smetI, smoke, etc.) emanating from the site. 5. The owners,/developers of the
residentia'l development on this site shall agree to permanently restrict gross
residentia1 floor area (GRFA), building height and density on thjs site to what is
permitted by this approval . The Town of Vail shal1 be a party to this restriction
and the restri ction shall be recorded with the Clerk and Recorderrs 0ffice in Eagle
County. These restrictjons on GRFA density and height must be acceptable to the
Town Attorney as submitted by the owner and approved before recording. 6. Any
trees damaged or killed within two years of the completion of this project shall be
replaced with similar size and type tree. 7. The Red Lion logo shall be retajned
as a part of this redevelopment in approximately the same size and 'location. 8.
The developers/owners will be encouraged to participate in developing solutions to
traffic, loading, and delivery problems in Vail Vi1lage. 9. The Rekord (or other
type of window system instal 1ed) to the Red Lion Restaurant along Bridge Street'
shall remain totally opened during business hours between June 15 and September 15
of each year. These windows may be opened at any other time duril9 the year at the
discretion of the restaurant management. 10. The applicant shal'l complete
stream-bank stabi'l ization work on both sides of t4ill Creek over the entire length of
the Red Lion property. The final design and implementation of these improvements
shall be subject to review by the Staff and the Design Review Board. 11. The
owners shall agree to participate ln, and not remonstrate against, a Special
Improvement District, if and when one is formed in the Village. L2. The
owners/deve'l opers agree to pay any incrementa'l increase in parking fees that may be
established within two years from the time a building permit is issued for this
project. (This condition was accepted by the applicant's representative'_Jay
Petirson, at the previous Town Council evening meeting on April 17' 1990.) 13-
Approval of this exterior alteration, variances, and conditional use are contingent
upon the Council giv'ing final approval to 0rdinance No. 16, Series of 1990.
Kristan explained that the PEC a'l so recormended approva'l of the View Corridor
Ordinance with the following conditions:
1. That the photo depicting View Corridor No. 1 be nrodified to reflect the new
Red L'ion Building at a time when the expansion is completed. The
Cormission preferred this alternative as opposed to modjfying the'l ine that
de'l ineates the View Corridor.
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2. That the specific reasons justify'ing this request be included in the
preamble of the ord'inance authorizing this anendment.
At this point in the meeting discussion turned to item five rhich.yas Ordinance l{oj
',, 16, Series of 1990,-second.reading,.en 0rdinance anending 0rdinance t{0. 13, Series ('sf 1983, in order to aodify Vlew Corridor l{o. l; and setting forth details in
+egard thereto. ltlayor Rose read the title in full. Kristan stated the current
remodel falls within the height al'lowed in the zoning code and that Jeff l,linston had
stated that in coming up with the original View Corridors, the consideration was to
preserve the visual connection between the parking structure and the mountain and to
maintain the views of the mountain, the Clocktower, and the Rucksack Tower. It was
Jeff llinston's feeling that the line could have been drawn at the Go'lden Peak House
Ridge and the objective of this corridor would have been met. The proposed Red Lion
Ridge would not diminish any view of Vail l,lountain. In regard to the height of the
building, the applicants had provided a cross section of the Village from the
Parking Structure to the Golden Peak House. This was done to demonstrate whether
any other properties would encroach into the View Corridor, if they were redeveloped
within the forty-three foot height limit. Larry Eskwith djscussed whether the
nonconforming height of the Golden Peak House was lega1 and referenced 18.64.090
unden the zoning code, restorations. Also, Larry pointed out a section on
structures and site improvements and stated that a nonconforming use cannot become
more nonconforming through a remodel. However, the Golden Peak House could be bu'ilt
back to its existing height so long as the area of the roof that was nonconforming
was not increased in area or height through a remode'l . He stated that this decision
regarding the Red Lion would not create a problem.
Kent Rose stated he believed the amendment to the view corridor did not go against
the intent of the ordinance or the purpose of this specific view corridor. Rob
LeVine questioned Item No. 4 and the state-of-the-art venting on the roof and
received an explanation about the stacked chimney arrangement. Jay Peterson,
representing the applicants, Frankie and 0scar Tang, presented additional
information from individua'ls within the corrmunity. Jim Morter, acting as architect
for the project and Dan Corcoran, field engineer, spoke on behalf of the project,
with Dan Corcoran stating that as a PEC member at the time view corridors were first
discussed in the Town of Vail, he had discussed the process used in designations,
their history, and thejr intent. His opinion was that the intent of the view
corridor was being met. Further discussion from the audience included El la Knox and
Gordon Brittan, who spoke out against the granting of these variances, the
conditional use permit and the change or the modification in the view corridor
ordinance. Speaking for the project were Oscar Tang, Diana Donovan and Jack Curtin,
representing Mrs. Cort'l andt Hill.
At this time, Merv Lapin moved to uphold the Planning Connrission decision to allow
the exterior alteration based on the staff memorandum dated April 17, 1990' and
incorporating conditions 1 through 13 as previously stated, in his motion, with
amended conditions as follows:
1. Amend condition 5 to say this agreement sha'l I be submitted by the owner and
approved by the Town Attorney before a building permit ls released.
2. Amend condition # 8 to state if a central trash area is built in the
Village, the owners wou'ld agree to use the trash faci'l ity and "will be
encouraged" changed to t'wiI1 participate in.t'
3. Conditions # 12 and 13,as prevjously stated on page 2 of these mlnutes, are
i ncl uded.
4. Condition 14 was added to state, "The proposed additlon of the enc-losed
deck along Bridge Street wi1 'l have a glass roof and be as transparent as
possi bl e.
This motion was seconded by Peg Osterfoss, a vote was taken, and the motion passed
unanimously, 6-0 in favor.
In regard to the stream setback variance to allow a 2 foot encroachment into the
required 30 foot stream setback, Peggy 0sterfoss moved to grant this variance to
uphold the Planning Commission recommendation to approve, based on the fact this was
not granting special privilege, was not detrimental to the health, safety and
we'lfare of the community, and there were extraordinary circumstances in that the Red
Lion bui'lding is already located within the stream tract setback. Jim Gibson
seconded this motion. A vote was taken and the motion passed unanimously, 6-0.
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The third item to be considered was the site coverage variance on the east sjde of
the building. Rob LeVine moved to uphold the Planning Commission recommendation
based on the April 17, 1990, memo and based on findings that this did not grant
special privilege, it was not detrimenta'l or injuri ous to the pub'l ic, and there were
extraordinary c'i rcumstances that would warrant the granting of this motion. Peggy
0sterfoss seconded this motion and the motion passed 5 to 1, with Merv Lapin votjng
against that notion.
The last item to be discussed was the conditional use permit for an outdoor patio
to the building in Vail Village. Peggy Osterfoss moved to approve the conditjonal
use permit, stating al'l criterja in the staff memo of April 17, 1990, were met.
Merv Lapin seconded this motion. A vote was taken and the motion passed
unanimously,6-0.
At this time, Merv Lapin moved to place a further condition on each of the variances
and conditiona] use permit votes that had just been taken, stating that passage of
each of these were condjtional on passage of Ordinance 16, 1990. Peggy Osterfoss
seconded thjs motjon. A vote taken and the motion passed unanimously,6-0.
- trtem #4 on the,Council agenda was Ordinance #16, Series of 1990, a second reading
.. on the ordinance amending View Corridor #1. Peggy 0sterfoss moved to pass this - ordinance on second reading, with Rob LeVine seconding that motion. Peggy stated
the intent of the view corridor would be kept jntact by modifying View Corridor #1,
and adding, there is a provision in the 0rdinance for making minor changes to the
view corridor and that the change was not specifical ly for this project. A vote was
taken and the motion passed 4-2, with Merv Lapin and Jim Gibson voting against that
motion. The means for amending the ridge line is stipulated in 0rdinance No. 16,
Series of 1990, Section 1.
Given the late hour, a 10-minute break was taken.
The next item on the agenda was 0rdinance #17, Series of 1990, filst reading, an
ordinance repealing and reenacting 0rdjnance #32, Series of 1987, to provide changes
to Special Development District #16, that concern a reduction of the number of units
permitted, adjusting the gross residential floor area per unit, employee dwelling
units and architectural gu'i de1 ines, and setting fonth details in regard thereto.
Mayor Rose read the title in full. Mike Mollica handled the presentation on behalf
of the staff. He stated the Planning Commission on April 9, 1990, had unanimous'ly
recommended approval of the amendment to SDD #16 and had unanimously approved the
preliminary plan for the Elk Meadows Subdivision. Both were approved by vote 6-0.
The applicant's requests were as follows:
1. The current proposal is for a subdivision of the 3.6 acre parcel into five
building sites for enve'l opes. The envelopes would range in size from 3,397
square feet to 6,141 square feet and each envelope would be a'l 'l owed one
s'i ngle family dwelling plus one employee restricted rental unit as defined
in Section V,B,2 of the Apri 1 9th memo from Community Development Planning
Conmission. The remainder of the site would consist of ?5,700 square feet
for roadway and parking and 2.5 acres to be dedicated as open space'
2. The total gross residential floor area (GRFA) designated for Phase III in
The Val1ey is 16,000 square feet. This wou'l d allow each dwelling unit
within the project a maximum of 3200 square feet of GRFA.
3. Access to Lots 1 through 4 would be via a private 22 foot wide cormon
access drive off of Lion's Ridge Loop Road. This road is current'ly roughed
in p1ace. Access to lot 5 would be from an indivjdual driveway cut from
Lion's Ridge Loop Road. The jndividua'l driveway cut would minimize the
amount of asphalt paving 'in the open meadow'
Mike went on to discuss the background for this particular project as well as an
evaluation of the criteria for a major subdivision. He discussed Special
Development Djstrict review criteria and included the following items:
a. Reasons for an SDD zoning.
b. Design standards which include:
1. Design compatibi'l ity and sensitivity to the irmediate environment,
neighborhood and adjacent properties re1 ative to architectural design
scaie, building heights, buffer zones, identity, character' visual
integritY, and orientation.
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2. Uses, activity, and density, which provide a compat'ible, efficient,
and workable relationship w'ith surrounding uses and activity.
3. Compliance with parking and loading requirements as outlined in
Chapter 18.52.
4. Conformity with applicab'le elements of the Vail Comprehensive Plan
Town Policies and Urban Design Plans. Specifically, he stated the
Land Use Plan identjfies this parcel as one which is suitable for
medium density residential uses, a1 lowing from 3 to 14 dwelling units
per bu'i ldable acre.
5. Identification and mitigation of natural and/or geologic hazards that
affect the property on which this Special Development Distrlct js
proposed, further stating that the site is located within a high
severity rock fall zone and specifying the nitigation methods to be
used.
6. Site p1an, building design and location, and open space provisions
designed to produce a functiona'l deve'l opnent, responsive and sensitive
to natural features, vegetation and overall aesthetic quality of the
communi ty.
7. A circu'lation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
8. Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views, and
functi ons.
9. Phas'ing plan or subdivision plan that will maintain a workable,
functiona'l and efficient re'l ationship throughout the development of
the Specjal Development District.
He next compared the proposed SOD to undeilying residentia'l cluster zone districts
and went on to state that the staff recommendation was for approval of the
preliminary plan of a major subdivision and the revisions to SDD #16 for E1 k
Meadows. The staff recormendation for approval of this preliminary plan for the
major subdivision includes the following conditions:
1. The development of each building envelope will comply with the rockfa'll
mitigation reports prepared by Nicholas Lampires, project geologist and
Donald G. Pettygrove, P.E., project manager with Banner Associates, Inc.
Such reports are dated February 23, 1987, February 25, t987, June 12, 1987'
June 15, 1987, July 22, L987, and March 12, 1990, and wi1l be kept on file
in the Town's Corrnunity Development 0ffices. Each individual lot owner
wi'l 'l be responsible for conpleting the hazard mitigation for their 1ot per
the above-named reports. This restriction shalI be noted on the final
pl at.
2. The staff recommendation for approval of the major amendment to SDD #16
i ncl uded the fo1'l ow j ng condi ti ons:
a. That approval of this major amendment to SDD #16 be contingent upon
PEC approval of the final plat for the subdivision, and
b. That the developer construct a minimum of one (1) employee dwelling
unit and that said employee dwelling unit be a part of either the
first or second building permit for the proiect. All employee
dwelling units shall meet the criteria'l isted in Sections V,8,2 of
this nemo. No portion of the bui'lding may overlap the building
r €llvel ope.
Mike further stated prior to the recordation of the final p1at, a written agreement
between the Town and the subdivider will be required ln order to guarantee the
construction and maintenance of the proposed lmprovements. This agreenent shalI be
in accordance with Section 17.16.250 of the Town Subdivision Regulations, and
following discussion it was decided a'letter of cred'it wou1 d suffice. It was also
noted that in respect to SDD approvals the applicant must begin construction of the
Special Development District within three (3) years from the time of the proJect's
final approval , according to Section 18.40.120 of the Town of Vail Zoning Code.
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At this time, Rob Levine moved to Fritzlen seconded that motion. A
this motion. At thjs point, Merv
There being no further business,
ATTEST:
Minutes taken by Pam Brandmeyer
oo
approve Ordinance #17, Series of 1990,
vote was taken and the vote was 5-0 in
Lapin had stepped out of the room.
this meeting was adjourned at 12:10 a.m.
Respectful ly submi tted,
and Lynn
favor of
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I
I AssocLatlon sball be eent certlfied nail , poetage prepatd, to the
address of the Association as designated in the bylars of the
Aesoclation.
15. EFFEST AND DI'RATION OF DECIARATION: lfhe conditl.ons,restrictlone, etipulations, obligations, agreenents and covenants
contal.ned hereLn shall be for the benefit of and bindlng upon
each and every part of the Subdivision and each Onner, hls heirs,personal representatives, Buccessors and assigns and ehall continue in full force and effect until Januar? 1 Ln the year
2007 A.D., and thereafter for succesEive perlods of 10 years
each, unleEe this lleclaration during any euch perlod is terninated, as provided hereinbelow, by recorded lnstrunent directing termination.
L7. AT.IENDI{ENTS: The condltions, restrictl,ons,etipulatlons, obligations, agreenents and covenants contaLned herein shall not be abandoned, terninated or anended except by rritten consent of 75 percent of the Orrners and 75 percent of the Firet Lienors, except (i) that the provisions of Paragraph 6 and
subparagraph 9(a) nay be abandoned, terminated or anended only
upon euch approval of all Onners and all First LienorEi and (ii)that the provisions of Paragrapb 3 and subparagraphs {(a),4(i)(i), 4(i)(ii), 4(i)(iii) and 4(i)(iv) herein nay be
abandoned, teninated or .nended only upon obtalnLng the addltional approval of the Toun of Vail .
18. EFFEgf OF PROVISIONS OF DECIARATION: Each provision of this Declaration and agreement, promlse, covenant, undertakLng to
conply with each provisLon of this tleclaration and any necesaary exception or reserrration or grant of title, eetate, right or interest to effectuate any provision of thie Declaratl.on: (i)shall be deemed incorlporated in each deed or other instnrnent by shlch any right, title or interest in any Bullding Envelope or Tract is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instnrnenti (ii) shall, by virtue of acceptance of any right, tLtle or Lnterest Ln any Building Envelope or Tract by an owner, be deened accepted,ratified, adopted and declared as a personal covenant of such
Owner and, as a perBonal covenant, shall be binding on such
Owner, his heire, personal representatives, Buccessore and assigns, and shall be deerned a personal covenant to, with and for the benefit of the Assocl.ation and of each owneri and (iit) shall
be deened a real covenant by Declarant, for itself, lts
BucceEsore and assigns and also an equitable sernitude nrnning,in each caae, aE a burden with and upon the title to each and every Buildlng Envelope and Tract.
19. ENFORCEUENT: In addition to any other rlghtE granted herein, if any person shall violate or threaten to violate any of the proviEions of this Declaratl.on, Lt ehall be lawful for the AsEociation, the Coumittee or any ovner to institute proceedlnge at law or in equity to enforce the provlslons of thiE Declaration, to restrain the person vlolatlng or threatenlnE to vlolate then, and to recover damages, actual and punltive, and
coBts together yith reasonable attorneyts fees for guch
violations.
20. CENERAL: (a) If any of the provisions of thie Declaration or any paragraph, sentence, clause, phrase or rord,or the appllcation ttrereof in any circunstance be invalidated,
such Lnvalidlty shall not affect the validity of the remalnder of thle Declaration, and the appticatlon of any such provisi-on,
paragraph, sentence, clause, phrase or word in any other cLrcunstances sball not be affected thereby.
(b) llhenever uEed herein, unleaE the context ehall otherrrise provide, tlre singrular nunber Ehall include the plural,
the plural the singular, and the uEe of any gender shall lnclude all genders.
13
EXACUTED effective as of
STATE OF COI'R,ADO
COI'NTY OF EAGLE
)
)
)
ss.
The fgregoing instrument was acknowJ.edged before ne this
day of (lr,at- , 1990, by Bradley R. Tjossen and Susan Tjossen. U
9litness my hand and official seal .
Gcolhnnr tknanrer ilery pdblic
My conmission ex;rires: *fffiffiffi.ffi?rl#
_*L.
BradIe
Susan L. Tjossen
L4
COHEN CONSTRUCTIONn c.
To whoni it rnay concern,|",Vti 't4, l99C
Tiie follcwin': are estimated coSis icr Eli: i"ieado',,v3 Su5civi";cn ia--^"^s^'i- -^^^3ment ior Bi^aC and Susan Tics-.en. Th;s is not a formal llllpr uvgi trllLS d,.,1| YYI trl lL I ur rJr g,.j 4r ru
bio oi pr0p0Eai,'but insieaC repre-qet^rts esiirna:ei cc:i: 0ase'i uoon all
available iniormation a'"'ihe ijnie oi',-his'oiiitin,l, anc iir irli op'inion,
acciraiely" represents the costs cf the listerj iierns a: ii'1s tlrne
Depeniii''c uoon ihe time ci actrual ccnsti^rat,oi^i ,::re3e;l=l'.-r3 rray cc3:
I rr- rn+n rh^ :iat.r-i arr+c lll\Jl g, Ul 1trJ9, Lr ,Al I Ll ltr ; lJLg\l L\,/.] LJ.
1 r\^-i a-a^ a- ", -^-,n2'|f narrini': {:n R'1'1 '\n i-^'^ i-' 4^^-5 li^'
,'s erP!g ' L ye ' i' rY
eaS'i-w afi i0 i..riiiSi iul^, J.
? F'i ro hrrr',|rant $4,500.00 comolete instal lation,
Respectf ul ly subnr i ted,
6^f P-t"'
Guy Pzirker
Cohen Const. lnc.
p.o. Box 837 / VAIL, co 81658 / 303-476-467
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" PUBLIC NOTICE
NotrICE Is HEREBy GIVEN that the Planning and Environmental
Counission of the To$n of Vail slll hold a pubttc hearing Ln
accordance vith Section 18.66.050 of the rnunicipal code of the
Town of vail on April 9, 1990 at 3:oo p.n. ln the Town of Vail
ttuniclpal Buildlng. Consideratl.on of:
1. A reguest for an exterior alteratlon and a setbac* variance
for fhe Llfthouse lodge, located at Block 1, Tract c' site c
(555 East Lionshead Circle)
ApplLcant: Llfthouse Condoninl.un Association
2. A request for a final plat for a naJor Eubdivieion and for
sDD Nc. 22, a resubdivl.sion of LotE 1-19, Block 2,
Lionsridge Filing No. 3.Applicani: Pat Dauphinais, Dauphinal-s-Moseley constnrctlon.
3. A request for a side setback variance at Bighorn Terrace
unit #D-?, 4242 East colunbine WaY.Applicant: Kathryn Benystt
4. A request for a naJor subdivlsion and for a uajor amen'{tnent
to SOO No. 16 on a portion of Parcel A, Lionrs Ridge
Subdivision, Filing No. 2 (The valley - Phase IfI)
Applicant: Brad and susan Tjossern
5. A request for a conditional use for a L,earning center. Lab I'n
the lower level of the proposed parking structure at the
Vail Valley ltedical Cenler on Lots E and F, Vail Village 2nd
Filing (181 West l{eadow Drive).Applicant: Vail Val1ey Uedical center-
6. A reguest for a najor amendnent to fPecial Developnent
oistiict No. 7 (The l{arriott }tark) ln order to add 57
tfuneshare units and 8 enployee housing units.
Applicant: li[arriott corPoration.
7. A request for an exterior alteration, ttream setback
variince, view corridor anendment, site coverage variance,
and conditional uee for a deck enclosure and nerr outdoor patio for the Red Lion Building.lpplicant: Frankie Tang and Landmark Properties
information about the proposalg are
inspection in the Conrnunity Developnent
The applications and
available for public
Departnent office.
Town of Vail
Connunity Development
Published in the Vail
Departuent
Trail on llarch 23, 1990.
Project Application
out" 5'/6'70
Proiect Name: -Z/ /r/ o
Proiect Description:
Contact Person and
Owner. Address and Phone:
Architect, Address and Phone:
Legal Description: Lot Block Filing Zone
-
Comments:
Design Review Board
Motion by:
ouru 5./b,7o
DISAPPROVAL
Seconded by:/' ^*4rt
5^o
Summary:
Town Planner E Statt Approval
o
7 :30
7:35
7:50
Kristan Pri tz
8:50
Kni stan Pritz
9:20
Mike Mollica
2.
?
VAIL TOhlN COUNCIL
REGULAR IVIEETING
TUESDAY, MAY 1, 1990
7:30 p.m.
EXPANDED AGENDA
Approval of Minutes of April 3 and 17, 1990 Meetings
CITIZEN PARTICIPATION
Appeal of Planning and Environmental Commission decisions
regarding the redevelopment of the Red L'i on Building
(conditional use permit, stream setback vari ance, site
coverage variance, and an exterior alteration) at 304 Bridge
Street, 'l ots e,f,g,h, Block S, VaiI ViIlage First Fi1ing.
Appf icants: Landmark Cormercial Development Company and
Retaserv Corporation.
Action Requested of Council: Uphold or overturn the PEC's
decisions.
Background Rationale: 0n April 9, the PEC approved a
conditional use perrnit (7-0), a stream setback variance
(6-1), a site coverage variance (6-1), and an exterior
altenation (5-2) in order to allow the redevelopment of the
Red Lion Building. This review was prompted by the appeal
of an adjacent property owner and the Council's recalI of
this proposal .
One additional condition requested by the Counci|, and
agreed to by the applicant, is as fo] lows:
The applicant agrees to pay any increase in the CCI parking
fee if said increase is rnade within two years from the
issuance of a bui'l ding permit for thjs project.
Staff Recommendationr Uohold the PEC decisions.
4. 0rdinance No. 16, Seri es of 1990, second reading, an
ordjnance amending View Corridor #1 as relating to the
redevelopment of the Red Lion Building at 304 Bridge Street,
Lots e,f,g,h, Block S, Vail Village First Filing.
App'l 'i cant: Retaserv Corporati on.
Action Requested of Counc'i 'l : Approve/modify/deny 0rdinance
No. 16, Series of 1990, on second reading.
Background Rationale: This is the second reading of this
ordinance. Refer to accompanying memos for background on
th'i s request.
Staff Recommendation: Approve Ordinance No. 16, Series of
@ing.
a request
of Parcel
Valley, Phase
Actjon Requested of Counci'l : _ Approve,/deny/modify Ordinance
No. 17, Series of 1990, on first reading.
Background Rationa'l e: The PEC, on Apri 1 9, 1990,
unanimou-1y recommended approva'l of the amendment to SDD No.
16, and unanimously approved the prel iminary plan for the
Elk Meadows Subdivjsion. Both were approved by votes of
6-0.
Staff Reconnnendation: Approve Ordinance No. 17, Series of ffing.
9:45 6. Adi ournment
oFTmffi'r amendment to SDD No. 16 on por
Filing No.
INTEP.-DEPARTI'IENTAL REV I EI,I
P?.OJECT:
DATE SUEI,UTTED: 3, tz. ?O
C0|.'I'4ENTS tf EEDE0 B\: 3. Zt , ?o
BRIEF DESCRIPTION OF THE PROPOSAL:
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FIRE DEPA.RTI4ENT
Reviewed by:
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POLICE OEPARTI4ENT 7
Revier'red by:
Comnerrts:
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Revleaed.by:
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TO: Planning and Environmental Corn"rission
FRolt: Department of Cornrnunity Developnent
DATE: April 9, 1990
SUBJECT: A request for a major subdivision and for a najor
arnendment to sDD No. 15 on a portion of Parcel A,
Lionrs Ridge Subdivision, Filing No. 2 (The Valley -
Phase III)
Applicant: Erad and Susan Tjossen
I. DESCRIPTION OF THE REOUEST
The applicants are requesting a major amenduent to sDD No.
16 and a major subdivision for the Valley, Phase III, also
know as Elk lteadows. The reguests will require two PEC
decisions:
1. The review of a prelirninary plan for the najor
subdivision request.
2. The review of the SDD amendment request. The
recom:nendation of the PEC on the SDD will be forwarded
to Town Council for final review.
The applicantrs requests are summarized below:
1. The current proposal is for the subdivision of the 3.6
acre parcel into five building sites, or rrenvelopesrt.
The rrenvelopesrr would range in size from 3,397 sq. ft.
to 5rL41 sq. ft., and eacb envelope would be allowed
one single-family dwe1ling, plus one enployee-
restricted, rental unit as defined in section v'B'2 of
this merno. At a minimum' one of the five lots wiII be recruired to provide such a rental unit. The remainder
of the site would consist of 25'7oo sq. ft. for roadway
and parking, and 2.5 acres to be dedicated as open
space.
2. The total cross Residential Floor Area (GRFA)
designated for Phase flf in The Valley is ts,000 sq.
ft. This would allow each dwelling unit within the
project a maximum of 3200 sq. ft of GRFA.
3. Access to Lots 1-4 would be via a private,22t ttide
conmon access drive off of Lionsridge Loop Road. This
road is currently roughed-in place. Access to Lot 5
would be from an individual driveway cut fron
Lionsridge Loop Road. The individual driveway cut will
minimize the amount of asPhalt paving in the open
roeadow.
II.BACKGROUND
The Valley project was originally designed as a planned
deveJ-oprnent of 150 units on 61.2 acres. On July 26, L9731 the Eagle County Cornrnissioners approved a preliminary plan
with a Planned Unit Development zone designation. The
approval of the prelininary plan was valid for three years.
fn July of 1976 the original prelininary plan approval
expired. However, the Planned Unit Development zone
designation remained on The Valley. The zone designation
for Phase III allowed for 1o dwelling units and a total GRFA of 16,O0O square feet.
The developer was required to resubmit a sketch plan and prelininary plan once the approval had expired. From the
Townrs planning files, it appears that several requests to
extend the approvals of the preliminary plan were granted by
the County Cornmissioners. In March of 1980, the PUD plan
and protective covenants were filed with the County. Once
again, this docurnent indicates that 10 units and a GRFA of
15,000 square feet exists for Phase III. In 1980, the West
Vail area hras annexed to the Town of Vail. The Toldn
accepted the 10 unit and 16,000 GRFA as the allowed
development for Phase III of The Valtey in March of 1981.
Subseguently, The Valley was de-annexed from the Town of
Vail and re-annexed in May of 1987. (Please see the
enclosed sunmary of events relating to The Valley Phase III
attached to this meno.)
The Tonnts information indicates that it is very clear that
Phase III is allowed 10 units and a GRF'A of l6rOOO square
feet. fn L981, the Town of Vail accepted the zoning of l-0
units and 15,oo0 square feet of GRFA as the development
standard for the property. ordinance 13 of 198L
acknowledges the land use restrictions of 10 units and
16,000 square feet of GRFA but states that, rrfor any zoning
purpose beyond the Eagle County Commissionersr approvals,
agreements, or actions, the development of parcels of properties specified in this subsection (E) shall be zoned
Residential Cluster. " For this reason, the Special
Development District has been compared to the underlying
zone district of Residential cluster which serves as a guide
for the development standards of this phase.
On July 7, L987, the Town Council approved Ordlnance No. L9,
Series of X987, which approved the development Plan for SDD
No. 16, Efk Ueadoets. NLne dwelling unita were apProved.
On Septenber 15, L987, the Town Council approved Ordinance
No. 32, Series of 1987, which anended sDD No. 16 by reducing
the project's density to seven' eingle-fanily dwelling
units. AII other aspects of the developnent renained the
same. Honever, the developer has failed to record a Final
Plat for the project.
IIT. EVALUATION OF CRITERTA FOR IiIA,.TOR SUBDIVTSION
The PEc review criteria for najor subdivisions are found in
Section L7.L6.110 of the Townrs Subdlvision regulations and
are as follows:
rrThe burden of proof shall rest with the applicant to
show that the application is in compliance with the intent and purposes of this chapter, the zoninq
ordinance, and other pertinent regulations that the PEc
deens applicable. Due consideration shall be given to
the recornmendations nade by public agencies, utility
conpanies, and other agencies consulted under Section
L7.16.090. The PEC shall review the application and
consider its appropriateness in regard to town policies
relating to subdivision control , densities proposed,
regulations, ordinances and resolutions, and other
applicable documents, environmental integrity, and
conpatibility with the surrounding land uses and other
applicable documents, effects on the aesthetics of the
town, environmental integrity and comPatibility with
the surrounding land uses.!r
A. Rrblic Acrencv and Utilltv Conpanv Reviews:
Notification has been mailed to the following
agencies, and as of this date no cornrrents have
been recelved by the Towns
1. upper Eagle Valtey Sanitation District.2. Public Service Company of Colorado 3. Holy Cross Electric Association.4. Mountain Bell.5. Heritage Cablevision.5. National Forest Service.7. Conments fron the Town of Vail Public Works'
Fire and Police Departments have been
J.ncorporated into this neruo.
B. Relationship of Proposal to Town of Vail Policies:
Staff believes that the design of the subdivision
and the recornnendations nade in the environrnental
impact report will create a project that meets the intent of Vail's subdivision controls. The density is actually J.ess than what was originally
approved for the site by fi.ve units.
The EIR states that the potential negative inpacts of the proposal include the rrvisual irnpacts and
impacts associated with the location of the site within a rockfall hazard arearr (see attached rockfall study). Staffrs opinion is that the
developer has designed a plan that protects the
open meadow area as nuch as possible, given the high severity rockfall hazard and slope constraints on tbe northern portion of the Iot.In addition, design guidelines are incorporated into the SDD zoning which will I'ensure
architectural and visual continuity with regard to building design and materials.rt
The Public Works and Fire Departments have also
reviewed the request and the proposal neets their
standards as far as road design, drainage, fire protection service and adequate fire truck turn-
around areas.
The staff finds that this proposal does neet the major
subdivision criteria and actually is a significant
improvement frorn the original sketch plan for Phase III that was reviewed under the County in April of 1980, as well as the existing SDn. The nain area of improvernent is the preservation of the prinary natural feature of the site--the large, open meadow. This has been
accomplished by proposing the building sites on the
north side of the access road.
IV. EWIRONIIENTAL II,IPACT REPORT
Staff did not require an additional environmental inpact report for the ctranges requested. we believe that the
proposed changes do not necessitate a revised EfR. This is
based on the fact that the proposed development plan is very
similar to the development plan addressed in the original
EIR, the overall project density has been reduced to 5 dwelling units, plus five optional employee units, and that
updated rockfall reports and drainage reports have been
inctuded in the new submittal information.
v.SPECIAL DEVEIPPUENT DISTRTCT REVIEI{
A. Reasons for SDD Zoning
The proposed SDD allows for greater flexibility in the
development of the land than would be possible under the
underlying zoning of the property. In order to help
preserive the natural scenic features of this site, building
envelopes will be established which designate the areas upon the site ln which developnent will occur. The establishnent of these building envelopes will also pennit the phasing of the development to proceed according to each individual
ownerrs ability to construct a residence. staff believes that the SDD provides an appropriate development plan that
maintains the unique character of this site given the difficult site constraints which have been addressed in the overall design of the project. (Please see Section vI ,which relates the proposal to the underlying Residential cluster zone district. )
B. Desion Standards
Section 18.40.080 of the Townrs zoning code lists nine
development standards that a proposed SDD developrnent plan
nust comply with. The purpose of the review is to show how
the development meets the standards or to demonstrate that either one or more of them is not applicable, or that a practical solution consistent with the public interest has
been achieved. The design standards are listed belon:
1. Desion connatibility and sensitivitv to the imnediate
environrnent, neighborhood and adiacent nroPerties relative to architectural design. scale, bulk, building
heicrht, buffer zones, identitv. character. visual
intecrritv and orientation.
The proposed SDD is actually nuch improved in respect to overall design and density of the project. Although
the general site layout is sinilar to the previous SDD'
the lot sizes are slightly larger than originally
proposed, and the density has been reduced fron 7 units
down to 5 dwelling units. It should be noted that each of the five dwelling units would have the abiJ.ity to
add one employee, rental unit and that even if every lot included an enployee unit the project will not
exceed ttre 10 unit density maxinun.
Previous Proposed SDD SDD
Lot 1 0.0647 Acres 0.095 Acres
LaE 2 0.0517 Acres 0.089 Acres Lot 3 O.O534 Acres 0.078 Acres
L,ot 4 O. 0483 Acres O. o93 Acres
Lot 5 O.O929 Acres 0.141 Acres
L'ot 6 0.0641 Acres 0.496 Acres L€t 7 0.0498 Acres
O.4349 Acres
The developer is also including specific architectural guidelines for the sDD (see attached). The guidelines
trave been reviewed by the Deslgn Review Board and have
recel.ved conceptual approval . The design guidelines
will ensure consistency in the use of building
materials, roof forms, general colors and landscaping.
The northern property line of Phase III is
approximately 25 feet from the edge of the pavement of
Lionsridge Loop. llany of the existing trees in this
area will remain. However, approxinately 2 dozen trees
wilt be removed. Staff's opinion is that this area provides an adeguate buffer on the northern portion of
the project. Phase I to the east provides access to
units directly off of Lionsridge Loop. Staff prefers
maintaining the public right-of-way in its natural
state, as opposed to having paved access and parking
areas adjacent to Lionsridge Loop. It should be noted
that this speciat Development District will require
that no structure be located less than 3 feet fron the
northern perimeter line of the building enveloPes' nor
less than 2 feet frorn the east and west building
envelope perimeter lines.
On the east side of Phase III, the nearest building,
The Valley Condoniniums, is 190 feet from the
easternmost building envelope.
on the west property lines for Plrase IIf, approxinately
25 feet of open space is naintained between the
building envel.ope and the western property line.
No lots or structures are proposed on the south
hillside of the project. This area is to be designated
as open space.
Uses, activitv and densitv which provide a conpatible'
efficient and workable relationshio with surroundi.ncr
uses and activitv.
The proposed SDD amendments are essentially sinilar to
the previous sDD with regard to uses, activity and the
relationship with surrounding uses. The pernitted uses
for Lots 1-5 are linited to single-fanily residential
dwellings, with an optional enployee, rental unit and
customary accessory uses.
The najor amendnent to this SDD is the applicantrs
request for a reduction in the projectrs density.
Staff is very supportive of the request to reduce the
density down to five dwelling units. we believe that
such a reduction will have a positive impact on the
neighborhood.
In order to assist in the additional employee housing
need in VaiI, the developer has agreed to provide .9!!g
emptoyee dwelling unit within this subdivision. The
developer nay provide up to five employee dwelling
units, including the one required dwelling unit, if so
desired. Enployee units shall rneet the following
criteria:
Eacb enployee dwelling unit shal1 have a minimum
square footage of 400 square feet not to exceed
5OO square feet and is allowed to have a kitchen.
The number of employee units shall. be listed under
the allowable density section for Special
Development District No. 16. GRFA for the
ernployee dwelling units will cone out of the total
enia ior the project. No additionat GRFA is
reguested to allow for the ernployee units.
The employee dwelling units may be located on any
of the tots within the subdivision providing alI
the development standards are met for each lot.
only one employee dwelling unit shall be allowed
per lot. An ernployee dwelling shall be
incorporated into the structure of the prinary
residence and shall not be allowed to be separated
from the prirnary unit. Each enPloyee dwelling
unit shall have one enclosed garage parking sPace.
This parking space sball not be detached from the
single-family garage or structure. The employee
dwelling unit shall be prohibited from having a
wood burning fireplace.
3.
The employee dwelling unit shall be restricted as a rental ernpJ.oyee dwelling unit perrnanently. The
employee dwelling unit shall not be leased or rented for any perJ.od of less tban 30 consecutive
days, and that if rented, it shall be rented only to tenants nho are full-tine enployees in the
Upper Eagle Val1ey. The Upper Eagle Valley shall
be deemed to lnclude the Gore VaIIey, Minturn, Red cliff. Gilman, Eagle-Vail , and Avon and their
surrounding areas. A full-tine enployee is a person who works an average of 3O hours per week.
An eraployee dwelling unit shall not be divided into any form of time-share, interval ownership,or fractional fee ownership. The employee dwelling unit shall not be sold, transferred or
conveyed separately fron the single fanily unit.
The owner of each enployee dwelling unit shall be
required to declare in writing on an annual basis to the Town of Vail that the employee dwelling
unit has been rented as a long term rental per the
requirements outlined in this section. This
declaration shall include a written statement frorn the owner listing the renterrs name, place of
eurployrnent, and length of tirne the unit was rented. The declaration shall be required to be
signed by both the 1ot owner and renter.
A declaration of covenants and restrictions shall
be filed on record in the office of the Eagle
County Clerk and Recorder in the form approved by
the Town Attorney for the benefit of the Town to
ensure that the restrictions herein shall run with
the land before a building pennit is released for
the construction of any employee dwelling unit.
The Tolrn of Vail shall be a party to this employee
housing agreement.
Comnliance with parkinq and foadinq recruirements as
outlined in Chapter 18.52.
All parking reguirements will meet tlre Townrs
standards, as outlined in Section 18.52 of the zoning
code. This includes the reguired parking for the
employee units.
4.Confornity with applicabl.e elenents of the Vail
comprehensive PIan, Town Pollcies and Urban Design
Plans.
The Land Use PIan identifies this parcel as one which
is suitable for rnedium densitv residential uses.
llediurn Density Residential is defined in the Land Use
Plan as follows:
rrThe nediun density residential category includes
housing which would tlpically be designed as
attached units vith conmon walls. Densitles in
this category would range fron 3 to 14 dwelling
units per buiLdable acre. Additional tlpes of
uses in this category would include prlvate
rebreation facilities, private parking facilities
and institutional,/public uses such as parks and
open space, churches, and flre stations. rl
The foltowing are the applicable land use policies
regrarding this proposal:
1.6: Developnent proposals on the hillsides
Ehould be evaluated on a case by case basis.
Linited developnent may be pernitted for some low
intensity uses in areas that are not highJ.y
visible fron the valley floor. New projects
should be carefully controlled and developed with
sensitivity to the environment.
5.1: Additional resj.dential growth should
continue to occur priurarily in existing, platted
areas and as appropriate in nes areas where high
hazards do not exist.
5.3: Affordable employee housing should be made
available through private efforts, assisted by,
Iinited incentives, provided by the Town of Vail,
with appropriate restrictions.
5.4: Residential growth should keep pace with the
market place denand for a full range of housing
types.
5.5: The existing ernployee housing base should be
preserved and upgraded. Additional enployee
Irousing needs should be acconmodated at varied
sites throughout the conmunitY.
The proposal complies with the above policies-
5.fdentification and rnitiqation of natural and/or qeolooic hazards that affect the propertv on which the
special development district is proposed.
This site is located within a rrhigh severity rockfallrl
zone, as shown on the 1984 Rockfall Study Maps and as
adopted by the Tonn. The applicant has had geoLogic
studies conpleted and the results of such are listed
below:
Study by Donald c. Pettygrove, PE. t Project
![anager with Banner Associates, Inc. (2/23/87)
Mitigation methods:
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 withstanding a force of not less
than 2000 pounds applied over an area of
approxirnately two square feet. The face of
the wal.l should be protected, as before, with
6 inch tirnbers for irnpact absorption and
replacernent. The design of these etalls
should be sirnilar to those shown in ny letter
of JuIy 3, 1986.
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 exposures. It should be
understood that there exists the possibility
that falling rocks could irnpact Lionrs Ridge
Loop Road above and be launched into the air
sufficiently to impact roof areas, although
the probabilities of such an impact are
significantly lower than those which will
iropact the nall.
Insofar as possibJ.e, it is recommended 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 guite 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 maxirnum southern exposure to take
advantage of solar heat gain.
A.
1.
2.
3.
t0
6.
B. Study update by Donald G. Pettygrove (3/L2/9ol
rrAs a result of computer simulations, we believe
that our original reconrnendations are basically
sound but the inpact force should be increased to
4, OOO pounds. rl
The development of each building envelope, or lot, will
need to conpJ.y with the design recomnendations cited by
Mr. Pettygrove concerning design nitigations for
rockfall hazards. Each individual lot orrner wiII be
responsible for completing the rockfall roitigation
measures. The nitigation measures will be reviewed at
tbe tirne of building perrnit for each lot. This
requirement will also be stated on the Final Plat.
Site p1an, buildinq design and location and oDen space provisions desiqned to produce a functional developnent
responsive and sensitive to natural features,
veqetation and overall aesthetic quality of the
cornnuni-ty.
The applicant has made a strong effort to preserve the
open meadow area and the wooded hillside as open sPace.
In fact, over 698 of the site will be designated open
space. Staff supports the site plan design as we
believe the layout of the lots and the access road wiII
preserve the most significant features of the site.
A circulation svsten desiqned for both vehicles and pedestrians addressinq on and off-site traffic
circulation.
The access drive has been designed to adeguately serve
the traffic needs of the development. The project
meets Fire Departnent and Public lilorks' design
standards. Staff believes that a project of this s|ze,
and in this location, does not require a separate
pedestrian circulation systen.
Functional and aesthetic landscapinct and open space in
order to optirnize and preserve natural features'
recreation. views and functions.
Although a review of the specific landscaping for each
lot wiII occur at the Design Review Board level' a
conceptual landscape design has been included in the
design guidelines for the project.
8.
11
Landscaping will be strictly controlled by the
Homeownersr Association as wel.l. as the Vail oesign
Review Board. Prior to review by the Vail DRB, each
lot owner shall first obtain approval from ttre
Homeownerrs Association. Landscape provisions have
been included ln the proposed covenants and are as
follows:
The concern of the Cornmittee (Homeownerrs
Cornrnittee) shal1 be to improve the natural
appearance of the subdivision and the naintenance
of such appearance. owners and their
representatives or builders will be required to:
a. Mininize disruption fron grading.
b. Revegetate and restore ground cover for
erosion and appearance reasons.
c. Use indigenous species of plant naterials as
estabtished by the Couurittee.
d. select the man-made elernents that blend and
are compatible with the land.
e. Use existing or natural drainage paths
whenever possible.
f. conserve and protect topsoil, rock fornations
and unigue landscaPe features.
S. Sod such areas as determined by the
Committee.
9. Phasinq pfan or subdivision ptan that will rnaintain a
workable. functional and efficient relationship
throughout the development of the specj-al development
district.
Elk Meadows subdivision is proposed to be developed in
two phases, as follows:
Phase I - The construction of a single faurily home on
Lot 4. Improvements include the installation of one
fire hydrant and the paving of the access road to Lot
4. The rernainder of the access road will be covered
with top soil and reseeded.
L2
Phase II - The market will dictate completion of this
phase. Hoelever, with ttre first building permit in
Fhase II the developer has agreed to install a required
second fire hydrant, and to build and pave the
extension of the access road (including fire-truck turn
around) .
VI. PROPOSED SDD TN COMPARISON WITH I'NDERLYING RESIDENTIAL
CLUSTER ZONE DISTRICT
The proposed sDD varies only slightly fron the underlying
Residential Cluster zone district. Due to the fact that
building envelopes are being used as opposed to lots, it is
difficult to cornpare the SDD to Residential Cluster zoning
in respect to lot size. The density is actually five
dwelling units less than what would be alloned under the
original approval and does not exceed the original density
of 1O units if the employee units are counted towards
density. Site coverage is also difficult to coropare in that
the building envelopes will be covered by buildings, but to
lrhat degree the coverage will occur is impossible to
deternine until the units are constructed.
However, staff believes that there is adequate open space
around the building envelopes to rnaintain an aesthetically
pleasing amount of open space and separation among the
units. The mininurn separation between building envelopes is
35r. Setbacks also vary from those that are required in a
Residential cluster zone district. The separation among the
building envelopes varies from 18 feet to 21 feet. Staff
believes that this separation provides adequate sPace
between the units. A11 other developrnent standards neet the
underlying zone district requireroents for the Residential
cluster zone district.
PROPOSED SDD
PERMITTED USES:
RES CLUSTER
-Single-fanily res. dwellings.
-Trro-fanily res.
dwellings.
-uultipIe-fanily res. dwellings,
v/ no nore than
4 unitsr/bldg.
-Single-fanily residential dwellings.
-optional ernployee dwelling unit/building envelope.
13
LOT srzE: Lot 1 :4,138 s.f. - single fanily lot
Lot 2 = 3,877 s.f . - single farrily lot
Lot 3 = 3,398 s.f. - single fanily lot
Lot 4 = 4,051 s.f. - single fanily lot
Lot 5 = 6.L42 s.f. - single fanily lot
2L,606 s.f. Total for building envelopes
L5,000 s.f.,
containing
no less than
8,000 s.f. of
buildable area
front = 2Ol
side = 151 rear = 151
33' sloping roof 30r flat roof
25t of site
10 dwelling units per
annexation
agreement.
608 of site
shall be
landscaped.
Reguires at
least 1
enclosed space per dwelling unit.
HEIGHT:
SETBACKS:
SITE covERAGE: no standard for bldg envelopes
16, ooo s. f . or 3200 s. f . per buildins envelope. 1fu393.?;:. o"t
agreement.
DENSTTY: 5 dwelling units + 5 employee dwelling units.
East & West sides = 2r from bldg envelope }ine
North side = 3t fron bldg envelope line
33' sloping roof 3or for flat roof does not apply as design guidelines requires sloping roof
LANDSCAPING: Tract Li 2.5 acres vil1 be dedicated open
spacet or 69t of the total site.
PARKING: At least one encl.osed parking sPace, per
dwetling unit, will be Provided.
VII. STAFF RECOMMENDATION
The Departrnent of Community Development reconnends approval
of the prelininary plan for the rnajor subdivision and the
revisions to sDD No. l-6 for Elk Meadows. Staff believes
that the request meets the intent of the urajor subdivision
regulations and special developrnent districtrs review
criteria. The proposal basically follows the underlying
Residential Cluster zoning and Planned Unit Development
zoning originally apProved under Eagle County.
I
L4
A) The staff reconmendation for approval of the
prelininary plan for the najor subdivision includes the
following qondition:
1. The developnent of each building envelope will
comply with the rockfall uitigation reports
prepaied by Nicholas Lampires, Project Geologist,
and Donald G. Pettygrove' P.8., Project llanager
with Banner Associates, Inc. Such reports are
dated February 23, L987, February 25, 1987, June
L2, L987, June 15' L987, JIJLY 22, 1987 and Uarch
L2, 1990' and will be kept on file in the Townrs
Cornmunity Development offices. Each individual
lot owner will be responsible for conpleting the
hazard uitigation for their lot' per the above
named reports. This restriction shall be noted on
the Final Plat.
B) The staff recomnendation for approval of the najor
amendment to sDD No. 16 includes the following
condition:
1. That approval of this rnajor amendnent to sDD No.
16 be contingent upon PEc aPproval of the Final
Plat for the subdivision.
2. That the developer construct a minimum of one
employee dwelling unit, and that said employee
dwelling unit be a part of either the first or
second building perrnit for the project. All
ernployee dwelling units shalI neet the criteria
listed in Section V,Br2 of this memo.
*For infonnation purposes, the staff would fike to note that the
rnajor subdivision regulations require the conpletion of general
irnprovements for the subdivision as outlined in Section 17.16.150
to be installed within three years of the date of PEc approval or
the plat shall become instantly invalid. A11 right to improve or
develop the property on the part of the owner or subdivider shaLl
thereb! Ue refinguisnea. This requirement is stated in Section
17.16.fs0 of the Vail Subdivision Regrulations.
Prior to the recordation of the Final Plat, a written agreement
between the Town and ttre subdivider wiII be reguired in order to
guarantee the construction and naintenance of the proposed
inprovernents. This agreenent shall be in accordance with Section
L7-.L6.250 of the Townrs Subdivision Regiulations.
It shall also be noted that in respect to SDD approvals, the
applicant must begin construction of the Special_DeveloPment
oiltrict within 3 years fron the tirne of the project's final
approval according-to Section 18.40.120 of the Town of vail
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ARCHITECTURAL GUIDELINES
To accomplish this goal, the owner has developed a protypical
building design as well as specific design guidelines for the site.
The owner's 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 the necessary
visual continuity necessary to provide both existing and future
residents of The Valley with a pleasing visual experience.
A Homeowner's Association will be formed and, along with the
Town of Vai'l , will be responsible for enforcing these Design
Guidelines. A copy of the Declaration of Protective Covenants
for the Subdivision are contained wjth the Appendices of this
Report,
The pr''ototypical building s'i te plan and building eievations are
shown in the Appendix. The Design Guidelines are proposed to
be as follows:
1. Roof pitch shall be between 4 feet in 12 feet and 6
feet in 12 feet.
2. Roof material sha'l I be Cedar Shakes.
3. Siding naterial shall be either log or stucco with log
perlins, log railing, or other log netnbers, ndtural rock,
or a combination of the above and shall be applied hori-
zontally as indicated on the proEotypical building
elevations. Only light colored stain shall be applied
to siding.
4- Either stucco or siding shall be applied to exposed
concrete foundation walls. If stucco is utjlized it shall
be light in color.
5. All windows shall be white rnetal clad or wood windows,
and wilI be "divided light" sty'le.
6. Al I roofs shal l have overh.rngs of at least 1 foot in order
to protect walls and wa1l openings frotn rain and snow and
to contribute to the building's character.
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March 12, 1990
Donald G. Pettygrove, P'E
DGP/bg
f lle: IGRJ.9o03 ' BLGJ'I'JoSsEM' LIiT
Enclosure
BANNTR ASSOCIATES, NC.
CONSTLITNG ENGTNEERS & ARCHMfCTS
27?7 CROSSROADS BOULEVARD
GRAND JUNCTXIN, CO 8lsD6. (3C'31 21!-22'12
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AN NER
Mr. Brad),eY Tjossen
Post offlce Box 2975
Vall, CO 81657
RE: Elk Meadows Subdivlsion
Geologlc Hazard Mitlgation
BAI Job No. 8095-05'01
Dear Brad:
Inresponsetoyolrrrequest.forreviewofot|rreeonmondaElons i;"';;;r;gIc-rioioio iriigiiron, He havcr reviev,ed our orlslnal
work an<l ln a,ldttiqn have performed a conput-er rockfall
slnulatlon analyslo usi'ng CRSP (Colorado Rockfall Slrnulal"lon
Prosranr) whlctr wus Jiuuf"pna Uy t'tre color:ado Departnenl of
ii;f,;"t; and colorado schooL of Hinec'
ThisconPutersofb.r.larev,asnot:availab}ewhen.weperformed our origlnal anafysls, however,. we believe it ls Prudent' to
check past analysis witn the ].:test etaLe-of-the-art nethods
when aiforded the opporLuni.ty'
As a result of these conputer slrnulations' we belleve that
our origlnal recoltnendations are basically sound but the
lmpact force sboJie be lncreased to 4'oob pounds' Thtc
:;i5;i; uJ- ippr t"<! to- an area of approxirnarely rlro Equare
feet.
Theatbacheddrawlnghasbeenln.cluderlforinformatlonelnce only the inpact force has cfranged'
If you have any guestions, please fee] free to call'
very truly Yours'
Uo.t'ng lasOClAtES. NC
corustnrrxc EtGlNr.E tS & AFcHnEcrs
SUne t. 61)3 FJSI t'LA0{
nit;e'v.'cCl-onnDo 816ll . (3)$ 923'5837
BANNER
E}ANNEFI
July 22. 1987
Mr. Michael Lauterbach
P.O. Box 3451 Vai1, CO 81658
Re: E1k lteadows Subdivision
BAr #8095-05
Dear Mj.ke.
I have enclosed a reproducable mylar of the drainage plan for your project with the change made from 'PreJ.iminary" to "Finaln,as requested.
with regard to your question about the building configuration
above the l2-foot heightr the structure above that leve1 may be
vertical wa11, pitched roof or other construction. ft real1y
doesn't matter what is above the 12-foot 1eve1 from the aspect of
hazard mitigation. Windows are acceptable above that Ievel as
wel1.
It must be remembered that aLl of the hazard rnitigation is based
on a reasonabLe level of protection against the probability of an
event occurling. The probabilities are low so the leve1 of
protection can be conmensurately low also. If the design were to
protect absol"utely agaj.nst all possible events, it would be
prohibitive to build at this site, as it would be in al1 of the
mountai,ns.
Should you have any questions, plear:e feel free to ca1l.
Sincerely,
\-----trab;+-
Donald G. Pettygrovef P.,E.
DGP/r]-g
Enclosure
BANNER ASSOCIATES. INC.
CONSULTTNG ENGINEERS & ARCHITECTS
2777 CROSSROADS EOULEVARD
GR^ND JUNCTION, Co 8t506 . (3o3't ?43'2242
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BANNEtrl
Jutrie 1B, 1987
t'l i th.re1 .'l . L.lut-€lr-tr.1al\
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F.E: El t,: l'lead or'rg Sutbdi'.'rei.c,ri [tt:i:: l':f .rl ]
I e *r l'1t-LauterLta!:l-r:
In response to trne of the i. s:;lte-g rai=-eC in tt're Collins
letter, I feel .zery com.f ortaLrl e Hith hs.-,ing no mitigation {or
potential rocllf al1 into trc,mmon i open gpace at-ea5 r"rithin the'
proposeddeveloprnr:nt.l.ypica.111'z.l:|rl'lntf:nto.fopenJ't.e:1!;.
as l onct as there at-g no pL?l-ntan€-'n*- c:onintutni ty str-ttctrtrel= gt-tch
.rg of {ice's or rneeti nq pl ac.:5,r i:; tr: provi' dr: =-pace {or qr;'vi' ty
re.l "if_ecj geoloqll. c prlrenonicn--( lo r.:.:l..tt- r,ri.tli nc, d.1m.age tc;
g1:r-urct--ulrc:s I .1firJ mi. ni n.-i I t-irgncr=r ot r:::r 1::"::: t-t r cr tr: iier=crnari'
i lr.-inr!,,
lrJlren 1 Lrl-erjarP a repot-i.. 1'nt' c) j eni:g ot*ning" "[ot- instance' '-t
onE acre pat.cel for the i:lr'.,eI o!]t]lElnt o'i ol.)E siniJ].e Tanti' 1;r
re--id€tnce, the site is e'itfrer- I iJc.-,tec1 atraY {rc'n' ;( l-ra;aFd t
i.ncllrd j.rrg perha;-r* r-cch{.il l. , nr- 'tritrqatioft L.echnrqLtFrr' at-e
enipl oyecl to ciir-ect :rn.v poi:elni-i.sl. -qeolugrc or.:ct-trrence :'.1-c,,t.{fid
the hcm€t= j. te i nt-n l:he open 5l:)s(::€:" ]-hi s j = tfie r'lic)it prLld€rnt
tt)pr-qaf:l.r 1 a!1 r'Ji: C-tr-,nc{. I:i t- tll: *:t.:t €Yt:r'v :;qLtal-e i:q:ol: r:{ rrt-oRet-i:'
..rrr d ctLill. 1- i'.'e i.rl Ll-'e to i:t-rn l-: a i. tl s '
I l-rcrp €: I t-r..i",L. a(J F- r.t r-i E{',j E I .i' ,r,lclr- c:-sqLi,:1 f-i-,i; F.-rr-ticl_ll.-rl- L: a.'r-r': Llt. n "
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h /,-l l.
BANNER ASSOCIATES. INC.
CONSIJLTTNG ENGINEERS & ARCHIIECTS
2777 CROSSROADS BOULEVARD
6R^ND JUNCTION, CO 81506 . .3031 ?43-2242
BANNER ASSOCIATES, INC.
CONSULTING ENGINEERS
SUTTE 6, 605 EAST MAIN
ASPEN. COLORADO 816ll .
& ABCHITECTS
(303) 92s-s857
ElANNEFI
Jnne 15, tgF37
Pli chael J. L.rurterb.ech
F . O. Fo:r -a'451 Vail, trO. 4165E}
RE: EII: l"leradows Setbdivi::ion Rocl,:f al 1
Dear l*1r . Laurterbach:
.I have revier.red the reports prepared the week ending June l?t
1987., by Don Pettygrover our strrtctural engineer, concerning
the rockfall mitiqation +or the El h: Meadows Subdivision. As
pre./ior-rsly mentioned, potential roc[,:f al l into this site t'li 11
be very i nf requent over the years -. burt thi s type of
nri ti.,latiorr ie still prudent.
I + thp e,ngr neererJ desi on cr i ter i a presented b'r' DBn F'ettygr-ove
ir-r hi.s above r-e{er-ettced report is f ollotred. the t-ocl,:{al I
h.*:ard to occr-rpants ttithin strutctLrres to be located t4it-hin
Elt: l4eador.rs Surl:di vision r^li I I be mini.rni;ecJ- Futrther. i{ l:he
t- {:conrmended engli rreeri rrg is accoaiSrl i shecl dctt-ir,g the
i,.onsl:.r'urcl- j. trn o+ r.l--.r-r-tctltres Lrpo.r the propr:-.ed bui lcJ j. nc_t
envel r:tl€:rs, tlrere shot-rld be no ittcreased haiar-d t-o othet-
girnperr-tv or- strltctutrEs. or to putbl j.c buti ldint*rs. roads,
atres:t---. r j.qht-o{-wiY: easements. uttilitieg or- {acilitiee.
If ycrt.r have anr- {urr-ttrerr gulr:=t j.ctns, pl e.rse cJo nt:t lrtEgi tatel to
ront;.ct uta-
5i ncerel y ,
EANNEF AssOtrIATEs, II.JD.
'-l t /7 /)t I ll (( lWtnQt /A.*.{Y,/i,14
T tli chol. as Lampiri=' Fht'.
' Project Geol og i st
BANNER ASSOCTATES. tNC. 3ANNER ASSOCIATES. lNC.
CONSULIING ENGINEERS & ARCTITTECTS CONSUI,TING ENGINEERS & ARCH]IECTS
S(,ITE 6. 6O5 EAST MNIN 2777 CROSSROADS BOULEVARD
AspEN, coLoRADO 816rl . (303t 925-5€57 GRAND JUNCTTON, CO 81506. (303't 243-2242
BANNER
June 12, L987
Mr. Mike Lauterbach
P.o. Box 3451 VaiI, CO 81658
Re: Preliminary Drainage Plan,/Geologic Hazard t'litigation
Elk tteadows Subdivision - tion's Ridge Subdivision
(The ValJ.ey), Filing *2, Phase IIr - BAI #8095-05
Dear Mike'
I have revieered the revised roadway drawings developed by John
l4acKown as well as the Preliminary Plan developed by Eagle VaIIey
Engineering with respect to the existing and proposed drainage
conditions. We have developed the enclosed Prelirninary Drainage
Plan from the grading contours provided by John I'lacXown.
Drainaqe Plan
The existing drainage path through this valley carries the runoff
of approximately 178 acres. The peak flow from this area (as
previously submitted) is calculated at B cubic feet per second-
ine tlow through the drainage path is generally wide and shalLow
with velocitj.es of less than five feet per second.
The construction of this subdivision will separate an area of
approxinately 0.84 acres north of thre access road from the main
flow pattern and recombines the flow from these two areas at the
18" CMF culvert located at station 1+65. Any access walks to the
buildings on the north side should have an IB" cMP or equivalent
in order to allow 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 minimum 18" culvert is more than adequate.
The maxj.mum ftow (B cfs) along the south side of the roads wiII
be adequately transmitted by the typical ditch section in all
areas except the small, four car parkinlt area at the extreme rtest
end. It witl be necessary to instaLl approximately 55 lineal
feet of 18,'CMP at this location in order to convey the surface
waters beneaLh the parking area and avoj.d forcing them onto the
adjacent property. The IB" CMP will carry the full I cfs with a
headwater,/diarneter 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. This will eliminate
the need for any specific drainage easement.
AANNER ASSOCIATES. INC,
CONSULTING ENGINEERS & ARC}IITECTS
2777 CROSSROADS BOULEVARD
GRAND JUNCTION. CO 81506 . Bo3I 243'2242
!4r. Mike Lauterbach
June 12. 1987
Page T'vto
BANNER
Natural Sprinqs
Durj-ng the geological hazard investigation, the site was
thoroughly inspected etith no signs of natural water springs
appearing on the ground surface. Any marked increase in vegetation in isolated areas would indicate the likelihood of
natural springs. None of these indicators were observed.
Ground Water
The Preliminary Subsoil and Geologic Investigation prepared by
Chen and Associates, Inc. in May L972, indicated that no free water was observed in any of the 10 test pits excavated. The primary drainage channel is an intermittent wate!-course without
significant year round flow.
Geoloqic -Hazards Mitiqation
with regard to the recommendations made in ny letter of February
23, 1987 for the mitigation of the geologic rockfall hazard, I offer the following clarifications.
lty recommendation for a six foot verEical heigttt of wall exposure
on the north side is a minimurn and refers to the reinforced
concrete wall with timber impact absorption. If walIs oD 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 timber impact absorption. The difference
being the freguency of anticipated rock hits and subsequent
damage. Below the six-foot heightr rnor€ frequent stri.kes can be
expected for which damage should be minimal. Above six-foot to
the l2-foot level, rock strikes can be anticipated but need be
protected against significant structural damage only.
If a roof area will be constructed with uphill exposure' that
portion below the 10-12 foot height and above the 6 foot height should be designed to withstand the 2000 pound inpact force as
well. Reference is made to the attached sketches for the areas of consideration.
The heights 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.
Mr. I'tike Lauterbach
ilune 12 , L987
Page Three
BANNEFl
The terraced floors to which I made reference in my earlier
correspondence was intended to allow for offset fLoor elevations in order to provi-de buildings which better fit the natural slopes of nearly 2:1 in places.
Should you have any guestions please
Sincerely,
BANNER ASSOCIATES, INC.
\\ ^ A -\)\.X-.,fuw*=--
Donald G. Pettygrove, P.E.
CoLo. P.E. *16543
DGP/xLg
Encl: 14 copies -Prelimj.nary Drainage Plan & Geologic Hazard Mitigation
Kristan Pritz - Town of Vail
feel free to call.
,F;i"ttW
ffi;:H
E,A.NN=F]
Fc:t'rr-rary ?5r l9A7
i't i ch.re I Lauterbach
Ler,ar- Conpani es/EF: Devel opment Inc.
F'. O. Fo:r .1451
\tailr CO. 91658
RE: GeoI oq i c Ha:ard l'litigation
El ll I'feadotrs Sctbdi vi si on
r/ai I ' CD.
Dear Mi t':e:
I have reviet.red youtr most recent plans and al=o reviet'red the
r-pport by ourr strutrtLtral engineer, Don F'ettygrotre, corlcet-ning
the rocl:f al l mi ti ge.ti on 4or the El [l l'leador'rg Sr-rbdi'.'i si -Jn. I
elgr-ee, ths.t if the design criteria presented by tran
Fettygrove in tris letter of Febt-r-rary ?f, 't L'?87 r are {cl lot'redt
rocl,:{al I ha:ard rqi I I be t,:ept to a minimum f or this
devel c,prnent.
Fc,tential rock{al 1 into this gite r'ril I be very i nf rsq'.1s61
over the yE3t-s, but thi= type o{ mitigrtion ig etill pr-utdent'
The mitigative degign t'ri I I not adver=-el y a.f f ect sny t:thel-
cevel opment i n the 3r-ea. I{ yor-t h3ve' any {r-trther qnestions t
slee.--e do nc,t hegi tate to contact Lts.
Sincerely-.
f{Af'll.]ER A55OCIATEs'! It'lc.
t . -4 ,'/ ./ / t .
" tit:l^{r7t1 tiLffi.i,
Ni chol as Le.mpi r-i s r F'hD.
. Fr-o-iect 6eol ogi st
l.lL/cl l:
BANNF.R A1SOCIATES. tt,iq. BAIiNER ASSOCIATES. lNC.
coljs(tl.It\c t\ct\F:t:RS ,t AllCtllTECTS ( Orsl,r.li\6 l'\(,i\t-t:rl5 ,t ArttillIIECTS
sljtrE 6. 605 F^ST MAIN 2777 CROSSROADS tlO('t-EvARD
ASPEN. COLOR,qDO 816ll . (303) 925 -:,.957 GRAND JUNCTION, CO 81506' l303l 243'?242
o
].tt 7 BA o N NER Pebru.rry 2f ,
Hr. I'li chae I tauterbach
I--rmar Comp.-r n j. es/CR l)evclo[)nrcnL llrc.l'-O. Box 34irl
'\tail, Co ul65B
ttc: Gcologic lla za rd Mitigat-ion Dlk Mcadows Subdivision
Vail, CO
Dcar Mike;
As requesLed, I have revie$ed the appropriate measures for the mitigatj.on of the rockfall hazar(l rt tlrc subject site. 'l'he current loca l:ion f ot: t'-l)e lots dr.:cs t)ol_ n]low _tor Llre miLig..rLion l-o be hanrlJcd as easily .rs l.rcfore, Irowever, iL apl>cars Lhat il:can I)e acconrpl ished wiLh a fr:w consirlera Lions.
fl The struct-ures slroul(l be siLuated so that at least six vertical fect of wall is exposcd on the uphill side- The exposed face should bc dcsi<lned (prcferably of reinforced
concr.'et.e ir)teqral wj t.lr t:lre f otrndation) suclr th.rt it is cap.rble of withstan(lin<; a liorce o-[ not Iess than 2000 pounds .rpplied over an a;:ea of al)pr-oxirnately two s(luarc feet. The face of Lhe wall slrouf d l)c proLecl-ed, .rs beforc, nith 6 inch timbcrs for inrl:act absorpLi.on and replacemcnt. The desjgn of l-hcse w.rll.s should be si.rnj.lar t-o t-lrose shown -in my let_t:er of
Jrr ly 3 . l9B 6.
2l All other areas niLh uphi1l exposurcs slrould be dcsigned to wiLllst,alr.l a 2000 porrnr'l forcc .rs wcll. No wirrclows slrould be p.lar;erl j n walls lri t-h trplri ll cxpcrsur-c's. IL sl)oul.(l be unctcrstood Lir.-rt tlr{ire exists Lhc possi,biliLy th.rL f allirrg rocks could irn[)act. L j.()n I s lti(l(je l,()op llo.rd al)ove and be launclred ilrl-o tlle a j.r srrf f icj.cntly to intpaci r:oof areas,
ai tlrough l-lre ;rrobabiJ.i Lics ()f suclr an jnpacL are
signiIjcanLly ]ower Llr;rn Llrosc wlr j ch will jnrpact l-he wnll.
I ) lttl;oIar ni; l)os:iible, i L i s lecornrrrl'nr]c(l 1:l)Jl- rootns wit]r Lhe grcal-est ()ccul)('rr)cy bc locaLcd away frorn l-lre upper sLories and
Lo l-l)e rl.rwrrlri.l I sidc. n tcrrace(l f loor arr.-rngement appears to Ii L qrri t-c wcll aL thi:; siLc arrd wj 1]- blend irrLo tlrc side of
t lr(l hi I I l)ct t{,'r wl)i lc l)r()vi(li|l(l l(-sG (:().,i1: I lrr-()lt{tlt t:c<]rrcr.:tl exc.rvaLir.rn. n JayouL of Ll)j:; l-ype wi Il als<_.r provi<le for:
rnaxinrurn souLllern cxl)(,srlrc t-o take a(lvallt:age of sol.-rr lreat gain.
ltANNl R qsa )(-lA t rs. lN(:-
CO;\strLTtN(; t-NGli\_l l.l'lS & All(:lll It,(.Is
2/77 ( lKri-sn{)n[)S I()lll IvnRl)
GnAND ,JL'NC I l()N. (;() 8l:n)6 . (3{l l) 243 2?42
Mr. Miclr.reL l'n tr t.culro cll
t'al)r'un ry 2l, I9117
I'n(te 'l'r^'u
B,ANNEtr|
'l'lte uet-llo.l c'I lrarrrll .i n(l itl rrr rn w Lr:r rrrtrof f slr()uld .r<;ai.rr bc
^SsanLtally l,lre li;rle a:; 1r1r'vi''rr:;ly rrrr:rrl- i orrr:rl .in my lcLLer (Jf
lio p l.1-.11111.1- | 0, l'lltfi. I'r-rrvi:;iorrs wi | | lrr: rrr'<:c:;:;lry tu al luw fur: lrr
l8' rliarrr:l,cr.' (:ul.vet t lrerrrr.;r I lr Llr(-. i:uJ -tlr:-.sac irt, Llre casl- crt(l ,
lrtttteal-lr t. lte Innitt r:rrl-r';rrrr:r,. lrr;rrl;r rl .t('(:r::',!i Irr;rrl LU Itr1.:i b;rrd 7 jffr.l lr.-trrrr'tt-lt l. ltr: f<trtr 1,;r r h i rr.1 r;J,.r,:r...i ,rl I lr.' .'xt r'.!lIr: ur':;1. r:rrrl of
I I r r ' ; r r r r i r : ( : | . ln ,rrlrlil it'tr, I lrr: r r,,rrlw,ry :;lrrrrr I rl lrr: r;orr:ll.r ucl-r:rl ;rl-
I r).rr;l- l'-1" .rl'rrvr, I lrt' lrrw 1,ftirrt l I lrr. 1,1 iurir y rlrnirrnqr) Irol.ll
l.lrr ou(llr(rul- Llr: I r'rrrtt.lr rrl I lrr. 1rrfiiIr;t.. ll i:; rrot ;r rr t- i r: i 1.,.r terl l-lrfll.
:;i.lnjf j r:;rtrl, r;ilr-tirl) wi l-l lrl rIlr:.':r:;.rr y ::i rrr',' Ilrc rlrlirr;rr;c lral-lr ir;
Lo lr:ut;tj.rr .l nr t;r: I y trrrrl i r;t.rlr lr..rl.
Slrould yott llave any (lu.lr;t. j.un, plr.';r!;(.: Iccl frce Lo cali..
:;i ccrcly;''
BANI. t
'\S50C1A'J't.:!;.
l NC.1. ^\,, 0 lt tr'- I-)\ - \ \, { tT --7-,'-\ -t
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l)ona l (! c. PeLl.ygr-(Jvc. l'.1:.
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cc: l.liuL Lirrnl,jrjs
fi lc: ll09!ili I l.r:.223
SEQUENCE OF EVENTS CONCERNTNG THE VALLEY PHASE III
April 25, 19732. Conditional approval of the preJ.ininary plan by Eagle county which zoned The Valley
Planned Developrnent (PD)
July 25, L973: County Cornmissioners approve The Valley preliminary plan and PUD. This approval is good for three years. The approval included 1-50 units on 61.2 acres.
July 30, 1973'. Eagle County Cornrnissionersr special rreeting to confirn Valley approval .
July 26 | !976: The Valley prelirninary plan and pUD
approval of July 26, 1973 expires. Some of the units are under construction. The 120 units that have not been built will require a ner,tr subnittal starting with a sketch plan
and preliminary plan review (letter flom Ms. Susan Vaughn, L977).
YIay 20, L97'I . The Vail Town Council sends a letter to the Eagle County Commissioners in favor of extending the Val-Ieyrs approval as long as
development is carried out according to the prelirninary plan and recreation amenities are provided.
May 24, 1978: The Eagle County Commissioners grant an extensi-on of the valley prelirninary plan
approval . This approval would expire on
June L, L979. If the approval expires, it would be required that sketch plan and preliminary plan review inforrntion be subnitted. A1so, if any change in the present plan, it would have to be reviewed by the County Cornmissioners.
Novernber L3, L979: Eagle County Comrnissioners review a sketch plan and have several 'concerns.
March 26, 1980: A PUD plan and protective covenants docu-
ment is filed with the county which indi-cated that Phase fff was subject to the land use restrictions of l0 units and a total GRFA of L61000 square feet.
ylarcn' 2'7 | 1980: Resolution No. 80-20 allowed the phases of
The Valley to be sold separately without any further cornpliance with the subdivision regulations.
(
I
(
o
April 15, 1980: The Eagte County Planning Comrnission
reviews a sketch plan for Phase fff. The Planning Cornmission suggested that the units be tucked into the hil]side on the northeast side of the project and that the developer use berning,and landscaping to buffer the project. Staff recornnended approval of the sketch plan.
April 15, 1980: Town of Vail staff sends letter to the Eagle county Planning Comnission which
recoro:nends more tighter, clustered layout of the buildings toward the hillside. Vail staff also recognizes the steep hillside and sensitivity of the neadow area. Letter fron Peter Patten and Dick Ryan.
April 30, 1980: The Eagle County conrnissioners reviewed the slcetch plan that the Planning Conmission
saw on April 15, 1980. The sketch pJ.an
showed L0 townhomes on Phase ffl.
May 5, 1980: A resolution was passed by the County allowing three years for the developers to file prelininary plans fron the ylarc}r 26,
1980 PUD plan approval date.
Decernber 198O: Ordi-nance No. 43 annexed the West Vail area including Pbase III of The valLey.
March 17, 1981: The Town of Vail Council applied zoning to
The Valley which \ras recently annexed. The ordinance was No. 13, geries of 1981.
Dlarch 15, 1983: Resolution No. 6, Series of 1987, the Town Council approved.rezoning of The Valley.
Sept. J.1, 1985: The Valley is de-annexed from the Town.
Sunner 1986 A development proposal is subnLtted to Eagle County by Lanar Capital Corporation.
The proposal beg'ins with a sketch plan/preliminary plan review.
Nov. 5, 1986 The Lanar Capital Corporation Phase III proposal is withdrawn frora tbe County due to cornplications with the tirne lines for review and how they will. relate to tbe property being re-annexed to the Town of vail.
\May 16,l_98 6 A grading perrnit is released by the County for an access road into Phase III. The applicant uas Lanar Capital Corporation.
Tbe road work on Phase IIf is red-tagged by
Eagle County.
Red tag renoved by Eagle County.
The valley 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 rnajor subdivision and special developrnent district zoning request for Pbase III.
May 6,
ytay '7,
May L1,
May 1I,
May 11,
May 11,
L987
1987:
I987
1987;
t9A7 z
l9A7 z
L
I HTEP.-OEPARTI'IENTAL REVI E}I
Pi,^orrct,
DATE SUSI'IITTEO: 3. /2, ?o , DATE OF PUBLIC HEARING 4.?,7O
C01",'1ENTS NEEOED By I j, Zt . ?o
BRIEF DESCRIPTIoN oF THE PROPOSAL: ,.flqo*
PUELIC IIORKS
Reviewed by:Da te
Conrients:
5D> A*,/^rvf
/4. 4.-..4 4' ./"?t^.'r'jy'
a.. ,t...- ./ 9./12,.o' ,/?.ttr,/ -
hiu. zooaT+L/ntt"
Z$/rr,a{s - lg '(- ,&" dlo-
"2 t4 D.R
'd:.'t.
..rii
Revie',red by:
Co;;ents:
l.
Da te
{,,*,Date of oppr0.i.o'
frtlt .l0
APPLICATION.. FORM FOR SPECIAL
brsrnrcr DEirELoPMEi,r
procedure is required for any project
Specj-a1 Development District Procedure.
application will not be accepted until
that would 9o through
all information is submitted.
March 12 1990
DEVbLOPMENT
PLAN
I.This
the
lrrL ^
A.NAI\,18 OF APPLICANT
Vlt'r1r2' Bc+|
B. NAME OF APPL,ICANTIS REPRESENTATIVE Jay Peterson Otto. Peterson. Post
ADDRESS Vail llatjonal Bank Buildinq PHONE 476-0092
AUTHORIZATION OF PROPERTY OWNER
SIGNATURE
ADDRESS P.0. BOX 2975 Vail . PHoNE 476-5601_x:135€
LOCATiOii OF FROFOSAI,
ADDRESS Phase iII of The Vallev Buffehr Creek Rd.
LEGAL DESCRIPTION a portion of Parcel A. Ljon's Rjdge Subdivjs'ion. Filjnq No. 2
El k l,leadows Subd'i vi sion
E. FEE -4'------.,/{oo.oo >ArD_AL-:3, 12'7o '- h ?:."i - :.r__----- /
A List of the name of oreners of all property adjacent to the
Subject Property and their millng addresses.
II. Four (4) copies of the following information:
A, Detailed written/graphic description of proposal .B. An environmental impact report shall- be submitted to the zoning administrator in accordance with Chapter 18.56 hereof unless waived by Section 18.56.030, exempt projects;
C. An open space and recreational plan sufficient to meet the demands generated by the development without undue burden on available or proposed public facilities;
D.
F.
(0vER )
\,
A proposed site plan, at a scale not smaller than one inch equals fifty feet, showing the approximate locations and dimensions of all buildings and structures, uses therein, and, all principal site development features, such as landscaped. areas, recreational facili-ties. pedestrian plazas and walkways, service entries, driveways,and off-street parking and loading areas with proposed contours after grading and site development;
A preliminary land,scape plan, at a scale not smaller than one inch eguals fifty feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped. site development features, such as outdoor recreational facilities,bicycle paths, trails, ped.estrian plazas and watkways, water features and other elements;
Preliminary building elevations, sections, and floor plans, at a scale not smaller than one-eighth eguals one foot, in sufficient detail- to determine flocir area, gross residential floor area, interio circulation, locations of uses within buildings, and the general scale and appearance of the proposed development.
III. Tj-me Requirements
The-..Plirnning and Environmental Commission meets on the 2nd and 4th
Mondays of each month. An application with the necessary accompanying materj-al must be submitted four \deeks prior to the date of the meeting
D.
E.
F
NOTE: It is reconmended that before a special development district application is subnitted, a review and cornrnent neeting should be set up wLlh the Department of Couununity Development,
Application fofpecial Development Distr? Development Plan I I
Existing contours having contour intervals of not more than feet if the average slope of the sit.e is twenty percent or or with contour intervals of not more than ten feet if the slope of the site is greater than twenty percent.
five less,
average
March 10, 1990
Kri sti n Pri tz
Acting Director of Community Development
Town of Vai I
75 S. Frontage Road
Vai l, C0 81657
Dear Kristin,
In accordance with Chapter 18.40.100 of the Town Munjcipa'l Code, we
are hereby submitting all material requested for the Major
Amendnent procedure which includes the Final Environmental Impact
Report relatjng to the Elk Meadows Subdivision.
The plan and Environmental Impact Report as submitted by Lamar Capital Inc., on April 5,1987, remains essentially intact, however, we the
owners have chosen to reduce the density from an allowable 10 building
sites to 5 build'ing sites and have chosen to remove the lower portion
of the private road which was serving the previously approved building
envelopes 6 and 7.
This final plat application prepared for Lamar Capital Corporation
Inc., orjginaily was approved by the PEC and Town Council, but was
never recorded. l,le purchased the parcel on February 5, 1988. lde
revised and updated the EIR in accordance with the conditions of
approval of the PEC and Town Council. We respectfully acknowledge
the research and anaiysis and conrpliation of all nraterials submjtted
by Peter Jamar Assciates, Inc.
6llUQrn
BradSusan Tjossem
1r
TABLE OF CONTENTS
INTRODUCTION
SUMMARY
PART ONE - THE PLAN
PART Tl^|O - IMPACTS/MITIGATION
PART THREE - APPENDICES
A. GEOLOCIC HAZARD MITIGATION REPORT
B. DRAINAGE REPORT
C. DECLARATION OF PROTECTIVE COVENANTS AND
PLANNED DEVELOPMENT GUIDE FOR THE
ELK ]4EADOWS SUBDIVISION
LIST OF FIGURES:
FIGURE 1 VICINITY MAP
FIGURE 2 ELK MEADOWS SITE PLAN
FIGURE 3 PROTYPICAL SOUTHEAST ELEVATION
FIGURE 4 PROTYPICAL NORTHWEST ELEVATION
FIGURE 5 PROTYPICAL NORTHEAST ILEVATION
FIGURE 6 PROTYPICAL SOUTHWEST ELEVATION
FIGURE 7 PROTYPICAL LANDSCAPE PLAN
LOCATED IN REAR POCKET:
FINAL SITE PLAN 1" = 30'
PRELIMIIIARY UTILITY PLAN
FINAL LANDSCAPE PLAN 1" = 30'
The report is divided into the followinq sections:
* Part One - The Plan - Describes the development proposal
and existjng conditions.
* Part Two - Impacts/Mitigation - Contains evaluation of
potentia.l impacts resulting from the proposa'l
as presented and describes actions that can be
taken to minimize any adverse effects resulting
from the proposed development.
* Part Three - Appendices - Provides supplementary informatjon.
A. Geologic Hazard Mitigation Report
B. Drainage Report
C. Declarat'i on of Protective Covenants and
ilanned Development Guide for the Elk
l.leadows Subdi vi s i on
I NT IIODUCT i ON
The purpose of this report is to present inforrrration regarding a
developrnent proposal for [)hase Tltrec of The Valley, a portion of
Parcel A, Lion's Ridge Subdivision, Fil ing No. 2 (see Figure l).
Phase Three is currently zoned Special Developrrrcnt District and is
designaLed viiLhin the Valley PUD as ten unit developtnent. The
proposal being nrade at. this tinte is bo creatc a Final Piat and
subdivide [)hasc III irr order Lo create l'ive sirrgle latrrily building
envcl0pes, co lnon open sl)arce, a co l on access drive, and uti lity
and dra i narre easenlenLs.
FIGURB I
Vicinity I'lap
7 T5S
ut\
(p.\
r)'-.
I
I
I (') |:ii ,
m:
Ftl
\rl
c)
an
rn
/rN
I
I
NORTI]
10-8:y'
'/..^^--'.
PART OI{E - TTIE PLNI,I
TItD I'ROPQSAL:
The Valley is a 61.2 acre planned Unit Development (pUD)
Located in VaiI. Colorado- The pUD was given approval by
l-he Eagle CounLy Conunissioners on April 25r l9Z3 ancl will
consist of a Lotal of 132 clwelling uniLs. The project was
divided inLo six phases wiilr crwelring units allocated arnono
each phase as foflows:
PIIN SE * DWELLING UNITS
r 33 2zs 3 to
4
5 t3
6 48
(Four DuPlexes)
To l-his date, approximately 45 of the 132 allowable dwelting
units have been constr.cted with 87 remaining to be built.
The u.it types wit-lriri t-he puD thar- currertly exist are a mix
of t-ownlrouses and conclonrini-urns. 'r'wo of Lhe f our arLowable
<luplex residences within Iihase 5 have received buildincr
permi Ls l)ut- trave noL yeL been const ructed.
The valley vras annexec'r to the Tor.vn of vair in r9B0 as a part
of the overall I./est Vail Annexabion, subsequently de_annexed
due Lo J.itigatiorr ancr recenr-ry re-annexecr to the Tor,rn of
Vail. Throughotrt the series of annexations the Town of vail
has recognize:<i The Vall.ey pUD and the previ.ous plan
approvaJ. s g rant--ec) by liar;J e Corrnl;\r.
Potential negative impacts resulting from development of the site as
proposed are visual impacts and impacts associated with the location
of the site within a rockfall hazard area. The rockfall hazaro can
be mitigated through foilowing proper construction design measures.
visual impacts can mitigated by the adoption of site-specific design
guidelines which will ensure architectural and visual continuity
with regard to building design and materials. Design guidelines and
a prototypical building design have been proposed by the property
owners for this purpose.
\
SUMMARY
Brad and Susan Tjossem (owners) propose to develop a 3.6 acre parcel
within the Town of Vail. The land is located within an area which
has been proviously subdivided and zoned for development and is known
as The Val ley.
THE PLAN:
The proposed development plan for the 3.6 acre parcel has been named
Elk Meadows; the major elements of the plan include:
* Creation of building "envelopes" allowing the construction
of 5 single fami ly residences.
* The designation of common open space.
* Provision of common access drive-
FINDINGS A}'ID CONCLUSIONS :
The site has previously been zoned to al'l ow the construction of ten
dwel ling units. The applicant's proposal to develop five dwel iing
units will result in no greater impact than would be experienced by
the deveiopment of the ten unit development previously approved for
the site.
The Town of VaiI has also reviewed a number of alternative development
plans for various phases within The Valley PUD and has granted approvais
of rev'i sions to phases previously approved by Eagle County.
The current proposal being made by 0wners of Phase III is the subdivision
of the 3.6 acre parcel into five building sites or "envelopes". Each
envelope would allow construction of single family dwel1ing. Therefore a
total number of 5 dwelling units would be constructed upon the site.
The envelopes, as well as common open space, utility and drainage
easement, and the common access dri ve, are depicted on the Preliminary
Plan in the Appendix.
The total Gross Residentjal Floor Area (GRFA) designated for Phase
Three in The Valley PUD Agreement is 16,000 square feet. This will
allow each dwelling unit within the project to be a maximum of
3200 square feet. Building height will be governed by the Town's
Residentjal Cluster Zone District which allows a maximum height of 33
feet. Setback and site coverage wjll be governed by the designated
bui lding envelopes. A two foot building set back will be required
from the east and west building enveiope perimeter ljne and a three
foot building setback will be required from the north building envelope
perimeter 1ine.
Access to the site is off the Lion's Ridge Loop via a 22'wide
common access drive. This road is in place and was given approval
previously by Eagle County.
The owners of the property have chosen to create the building envelopes
rather than construct one single ten unjt devlopment for varjous
reasons:
* The creation of the building sites allows the development
of the parcel to be phased and at the sane time provides
an overall pian to guide the placement of dwelling units,
access, and common open space within the parcel over time.
* The development of 5 individual free standing dwelling
units will be nrore compatible wjth the adjacent developments
than woul d one s i ngl e structure contai ni ng ten dwel l i ng
un'i ts.
* The creation of the building envelopes ailows for a variation
in residential product type in Vai1. 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 multiple famjly development and also enjoy the opportunity
to construct his/her own home much like the owner of a single
family or dupiex Iot.
EXISTING CONDITIONS:
The Valley Phase Three property is largely in its natural state, with
the exception of the access drive which is jn place.
TOPOGRAPHY:
The topography of the site is varied, vlith the area immediately
adjacent to Lion's Ridge Loop (Buffehr Creek Rd.), sloping to the
south, then leveling out to form the valley floor in the center of
the site, 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 general, the flat portion of the s'i te is covered with grasses, the
south facing slope contains a sparse growth of aspen trees, and the
north facing slope is heavjly covered with both pine and aspen.
WILDLIFE:
The Colorado Department of Natural Resources and the Division of
Game, Fish, and Parks revjewed the orjginal plans for The Valley
PUD with regard to wi ldlife in the area. They indicated that,
historically, 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 indentify that a few deer spend the surmer
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 Vailey is controlled closely by the underlying
bedrock geology. Lion's Ridge is a scarp and dip siope formed by a
sandstone formation. The bedrock dips about 40 degrees toward the
north and the north slope of the ridge is formed on 'its dip s'lope. The
north side of The Valley is a scarp slope of similarly dipping beds.
The Valley, as well 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 digg'i ng test pits. Chen
and Associates, Inc. report that the subsoils consist 'i n general
of a topsoii layer of organic sandy clays to clayey sands overlying
medium sti.ff sandy clay with gravel to loose to medjum dense clayey
to gravelly sands. They indicated that the soil does not possess a swell
potential but wi'l I settle moderately under loading.
HAZARD AREAS:
As indicated by the Town of Vail Rockfal.l Study the site is located
within a h'i gh severity rock fall area. According to Town of Vail
Hazard Maps no other identified natural hazards exjst upon the site.
PART TI,IO - IMPACTS/MITIGATION
Thjs section of the report discusses potential impacts that will result
from development of Phase Three of The Va11ey and the specific actions
which can be taken to minim'i ze those imoacts.
TRANSPORTATION, SOCIAL AND POPULATION IMPACTS:
Due to the fact that the developemnt of Phase Three wjll remain basically
the same as the original Phase Three in terms of development intensity
(5 dwelling units), there will be rro change initerms of the traffic impact,
population increase, or social impacts.
BIOTIC IMPACTS:
Negative impacts upon the vegetative character of the site can oe
expected to be the reduction of dnd disturbance of natural vegetation
in the vicinity of the access road, utility easements, and building
sites. Since these features are confined to that portion of the sJte
innediately adjacent to the Ljon's Ridge Loop (Buffehr Creek Rd.)
the di s turbance shou l d be mi n ima l .
Beneficial impacts of the proposed development can be an upgrading of
the site's vegetation through proper vegetative and landscape maintenance
and revegetation.
Impacts to the wjldlife inhabiting 15s area will be minimal. As
identified by the State of Colorado, there is and has been no evidence
of deer or e'l k wintering jn the area and the overall amount of open space
in and around The Valley enables the summer population of deer to remain
undi s turbed.
GEOLOGIC HAZARDS:
A study of the rockfall hazard which affects the site has been completed
by Banner Associates and recommendatjons regarding the appropriate measures
for mitigation of the rock fall hazard have been made. Their reports
are included within the Appendices of this report.
In general' the engineers believe that rockfall into the site will
be very infrequent over the years, but that mitigation is prudent.
DRAINAGE:
A study of site drainage has been conrpleted by Banner Associates and
recormendations regarding the appropriate neasures to provide adequate
drainage have been made. Their report can be found in the Appendices
of this report.
In general, typical site engineering including placement of culverts
at the appropriate locations and proper site grading will adequately
handle storm water runoff.
WATER AND SEWER
water and sewer lines to serve the project are currenily in place and
upper Eagle valley water and sanitation District has indicated their
abi lity to serve the development. A proposed utility pian for the
Subdivision is shown in the Appendix, though it has not been down sized
fo represent the proposed 5lots, it shows the concept of 7lots.
VISUAL IMPACTS:
In terms of the vjsual impact of the proposed development, views
into the property from the adjacent roadway and adjacent development
sites will be the primary interest. The site plan has taken this into
account and'individual building sites are situated in a manner that
preserves the majority of the site as open space. The location of the
building sites adjacent to Ljon's Ridge Loop (Buffehr creek Rd.) preserves
both the lower open meadow portion of the site as well as the heavily
vegetated north facing slop of The Valley.
0f major concern will be the visual
Sjnce buildings will be constructed
'i t will be extremely important that
be established prior to constructjon
that ensure that the project wjll be
compiitible style and with compatib1e
continuity for the buildings themselves.
at different times by different owners
the visual continuity of the development
and that controls be put into place
developed in an architecturaI ly
building materjals.
To accorrrl;l ish l"his goal , Lltc owrie' lras dcveloped a protypi cal
building design as well as specil.ir: design lluiclelines for the site.
The owner's intenl- is LhaL rhesc quicrelincs be arlorrted .ls a
condition of alrproval and Lhat l.lre.y be rrLilizcrl alorrtr with the 'fown o f Va i 1 Dcs i grr llevicw (iu idc I iries Lo provitlc Lhc necessary
visual contirrui by necessary to pl.eyide boLh exis1..i rrg ancl future
residents of l'he Val le.y wiLh a pleas ing visual exlrerience.
A Honreowner's Associalion will be fonled .rnd, aiclng wiilr the
Town of Vai l , wi lI bc resllo's.i ble [or enforcirrg Lhese Design
Guidel ines. A copy of the DeclaraLion ol' ProLective covenants
for the subdivisiorr arc contairrr:tr with the Aupencl ices oF this
I{epo r [.
The pnobotypical truildirrg siLe plarr' and bui lding eievations are
shown in the Appendix. The Dcsign Guidej incs are proposed Lo
be as fol lows:
1. tlool' pi tch sha lI bc beLweerr 4 feet in 12 I'eet and 6
feet in 12 feet.
?. Roof rnateri al shal I be Cerlar Shakes.
3. Siding ruaterial sh.rl I be ei ther log or stucco with Jog
per'l ins, log railing, or other loq nrerrrbcrs, natural rock,
or a cornbination of the ,rbove and shal I tre appi ied hori_
zont.tl1y as irrclicaLcd orr thc proLol_ypic,i1 builrJing
elevati<lns. 0rrly I ighL colored sl_ain shalI be appliecl
to siding.
4. ti ther stucco or s id irrq sha ll be .r1;1rl ied to ex;rosed
concrete foundaLiorr walls. Il' sLucco is utilized it sha.l i
be light in color.
- 5. Al l windows shal I be whil_e rtreLal clacl or wood windows.
and will be "dividcd I iglrl', slyle.
6. All roofs shall have overhlngs of aL least i foot jn order
to protect walls and wall openings frorn rain and snow and
to contribuLc Lo l.he bui ld inq,s characl.er.
Proper
Town of
control
resu I t.
implementation of these guidelines, in addition to the
Vail Design Review Process can provide the revjew and
to mitigate any negative visual impacts which miqht
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A. GIOLOGIC IIAZAI{D MITIGATION RIPORT
B. DRAIIIAGI R[I)ORT
C. DICLARATION OF I'ROTICIIV[ COVTNANTS AND
PLANNID DIVILOI'MINT GUID[ FOR TIII
ILK MEAI]Ot,IS SIJItDIVI Si ON
A. GEOLOGIC HAZARD MITIGATION REPORT
March 12, t99O
Donald G. Peltygrove, F.E
DCP/bg
flLe: IGRJ.9003. BLcJTJossEM. t'ET
Enclosure
BANNER ASSOCIATES, INC.
CONSLIUf ING ENGINEERS A ARCHT'ECTS
??77 CROSsROADS BOULEVARD
GRANO JUNCTION, CO 815r)6 . t303t 24t-2242
Mr. BradleY rjossem
Post Offlce Box 2975
vair, co 81657
REI Elk Meadows subdivlsion
Geologlc Haaard Miblgation
BAr Job No. 8095-05-01
Dear Brad:
Inresponsetoyourrequest.forreviewofourrecornmendatlons ;;.-;;;i;grc 1,aiiia mrt'igatton, i{e have revlewed our otlslnal
work and in aaaitlon frave perforned a conputer rockfaLl
"i*rfulf"n analysls using CRSP (Cotqrado Rockfalt Slrnulat'lon
proqram) whlctr "as J.uui"pna bi the Colorado Deparlment' of
iiqfiwuvl and colorado School of Mines'
This computer softfara was not available when we Ferforned
iiii-o"iqi"ir anarysts, however,. ue r2elieve lt ls prudent to
check past. analy"is ritr, tlre IatesL state-c,f*the-art nethode
when afforded the opporUunlty'
As a resulL of these computer slmulations, we belleve that
our - oitgf r,af recornrnenaations are basically sound but the
I*o"cC-iotce shoufa ba lncreased to 4,00b pounds' fhtg
;i;5;i; ue- appr iea to an area of approxlmat'el'y two square
feet.
The attached draul.ng has been lncluded for lnformatlon elnce
only the lmpact force has cttanged'
ff you have any questions, please feel free to call'
very truly Yourg,
Fl ::i '.:ri t.-:t€J 2
a
HAN NEFI
BAT'|NER A gSOCIATES. NC
CON SULI TNG E}IGINNE.HS & ARCHTI ECiS
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I June 12, l9B7
-
Mr. Mike Lauterbacl'l
P.O. Box 3451 Vail, CO B165B
Re: Preliminary Drainage plan/Geologic llazard Mitigation Elk Meadows Subdivision - Lion,s Ridge Subdivision (The Valley), Fi1in9 *2, t)hase III - BAI #8095-05
Dear Mike,
r have reviewed the revised roadway drawings <1evelopecl by John MacKown as well as the Preliminary plan developed by Bagle varley Engineering with respect to the existing and propose<l <lrainage conditions. we have deveroped tlre enclosed lrreliminary Drainage Plan from t.lre grading contours prr.ovi<1er1 by John MacKown.
Drainaqe Pla n
The existing drainage path through Lhis varley carries the runoff of approximately 178 acres- The peak flow from this area (as previously submitted ) is calculatr:d at g cubic feet per second.The flow through the drainaqe patlr is generalty wide ind slrallow with velocities of less than five feet per second.
The construction of this subdivision will separate an area of approximately 0.84 acres nortlr of the access roacl from the main flow pattern and recombines i-he flow from these two areas at the 18" cMP culvert located at statioD ]-+65. Any access walks to the buildings on tlre north side shoul.c] have an lB" cMp or equivalent in order to allow for t-lre l)assage of flow to t-he wesL.
The maximum flow from the smalrer area is 2.0 cubic feet per second for wlrich the minimurn lB" culvert is more than aclequate.The maxinum flow (B cfs) along Lhe south sicle of the roads will be adequately transmitted by the t-ypicar <liLch section in all areas except the small, f our: car parking area at the extreme west end- rt will be necessary to install approximately 55 lineal feet of rB" cMP at this locaLion in order to convey the surface waters beneath the parkingi area and avoicl forcing. them onto the
ad jacenl property. The l-8" cMt, wi I. l carry the f ul1 B cf s with a headwater,/d iame ter ratio of Iess Llran 1.5.
BA.NNEFI
site r except the to open space uses This will eliminate
It is my understanding that all areas of the seven building locations, \rrilI be c'lectica.t_ed which will include use for surface drainage.the need f or any specif ic rlra_inaqe easenent.
RANNER ASSOCIATES- INC.
CONSULTING ENGINEERS & ARC'IITECTS
2777 CROSSROADS BOULEVAIiD
GRAND JUNCTION, CO 8l5orr . (J03t 243.?242
Mr. Mike Lauterbach
June 12, I9B7
Paqe Two
Natural Sprinqs
BANNEtrl
Geologic fnvestigation prepared by in May 1972, indicated that no free the 10 test pits excavated. The an i,tr termi tl-elrt water-course without
During the geological hazard investigation, the site was thoroughly inspected with no sj cJns of 'natural
r,rrate r springs appearing t>n l-he ground surf ace. Any nar:kecl increase in vegetation in is<;rated ar-eas woulrl ,inclicite the Likelihood of naturar springs. None of Lhese inciicators were observed.
Ground Water
The Preliminary Subsoil anrl Chen and Associates, Inc.water was observed in any of primary drainage channel is significant year round f1ow.
Geoloqic tlazards Mitigation
with regard to the recommencra tion s made in my letter of February 23' r9B7 for the mitigation of the georogil rockfarr hazard, i offer the following clarificaLions.
My recommendation for a six foot verticar heiglrt of warl exposure oll the north si dc i,s a nr.i.rri *lurn and ref crs to the reinforced concrete wall- witlr timber i.nrpact al;sorptioD. rf walLs on the north (uphilr) side are to be talrer: than tlre minimum 6 feet heiqht, then they should be capabj,e of withstanding a 2000 pound f 9rc9, - although the structure ilr.r.r" trre six f oot revet and berow tlre 10-12 f oot 1eve1, rec<,rnnenclc<r l,ry Mr. Larnpir.-is, neear not be of concrete or have r-he timber irnpact. absorpr_ion. The dif ference being the f requency of anti.ci paLed rock hi-t-s and subsequent damage- Below the six-foot rreigrrl-, nore frequent strikes can be expected for which damage shourcl be nrininra l_. Above six-foot to the 12-f oot f evel, ro<;k sl-r:i.kes car lre anLi-ci.pated but neecr be protected againsL signi,f icarrl- st-ruct.irral clamage onIy.
rf a roof area wirl be co*structed with uphilr exposure, that portion below the 10-12 foot height ancl abbve the 6 foot height shourd be designe<l r,o wi.r-rrsLa'd 1-lrr: 2000 pouncl impact force as wel1. Reference is macle to the at-l,aclred sketches for the areas of consideration -
The heights discussed above are relaLive to tl.re elevation at the uphilI exl,rene of the strucLure
a long tlre slope , not aL t he erlqe crf r:oaclway.
na tu ra 1 g'round and projected
Mr. [ike Lauterbach June 12, l9B 7
Page Three
BANNEFI
The terraced floors to which I made reference in my earlier correspondence was intended to alror,r for offset floor ilevations iu order to provide buildings which better: f i.t the natural "f"p"=of ne.erly 2: I in places.
Should you have any queshions please
Sincerely,
lllNNEn Assocr^Tas, INC.\-.. \ -'\r\ t\ n /) \r-) n
|U".:+& Lr \.,*h1r-=.-
Donald c. Pettygrove, p: E.Colo. P.E- #16543
DcP/r 19
Encl: 14 copies - preliminary
Mitigation Drainage Plan & Geologic nazard
cc3 KrJ-stan Pritz - Town of Vail
feel free to call-
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E|ANNEF|
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Dear- l'1r Larrl:e-'r-bactr:
I have revierired thel rerprorts Jrrepared l-hel r^,ee ],: encli rrq Jlrlre l?,1987, try Don Fet-ty11r-t:ve r 65Lrr :;tr-lrr:turaI errqineep r (:ol4;t:lr1r 1g the rocl,: falI miti_Oatiorr .f or i:trr: [:-l J,: l'|e..-rdows Sr.rbcl ivisiorr- /\_-,pr-e'./i r:ursl y nrc-'nl;itlnt:rl , po{..t:rrl-ial. r'ur:1,: f ;rl. I inLo 1-lris !jj.i-r:r r.r.i. I I
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'lr tN(; t:NGtNElrlts & AncfilIt:cTs
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(;RANt) .f UNC] tON. co fI50(, . (:t031 243 ?242
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CONS(JITING ENGINF-ERS & AITCIIITECTS
2i 77 (ltosstioAl)s ltoul_r:vn RI)(llrAND ,,UNC]1ON. CO 8t506 . (303t 243-2242
llANNt:n ASSCrctnTEs, lNc_
( ]( TNSULTING ENGTNF:IiRS
Sl ,ll l: 6. 6():' trAsl MA|N
A:it{lN. COLORADO 8l6t t .
& AIrCt ||rl:cTs
(30:ll 925-5rJ57
B,A.NNER
JuIy 22. 1987
Mr. Michael Lauterbach P.O. Box 3451 Vail, CO 81658
Re:
Dear Mike,
I have enclosed a your project with as requested.
EIk Meadovrs Subdivision
BAr #8095-05
with regard to your question about the builcling configuration above the l2-foot heiglrL. the st-ructure above tl.rit levei may be verti-caI wal1, pitched root or other construction. ft rejlly doesnlt matter what is above the l2-foot level f rorn tlre aspect oi hazard nitigation. wirrdows are acceptable above that. lever as well.
rt must be remembered that alL of the hazard mitigation is based on a reasonable level of protect-ion againsl- ttre probabi lity of an event occurring. The probabilities are low so the level of protection can be commensuratel y 1ow al.so. lf l-lre clesign hrere to protect absol.ul:ely aqailtst aJ.l. p.ossilrlo event_s. i.t wou l.cl be pr:ohibi. l-i. ve Lo bu j. Lcl al- t,lri s s; -i t cr ;.r r; .i t: worrl tl be in al. l <rr t-lrc rrrountains.
Should you have any guest j,ons, plear;e feel free to call.
Sincerely,
reproducable mylar of the drainage plan for the change rnade frorn "preliminary', to ,,Fina l,',
INC.BANNER ASSOCIA
\x, --\rU C
Donald G. Pettygrove, p.,8.
DGP'/rIg
Enclosure
BANNER ASSOCIATES. INC-
CONSULTING ENGINEERS & ARCIIITECTS
2777 CttOSSROn DS BOU|_F-VARD
(;RAND JUNCTION, Co 815106 . 13$31 243.?.242
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February 23,
Mr. Michael Lauterbach
Larnar Companies/CR Develol)ment Inc.
l'. O. Ilox 3451 \rail, CO Bl65B
Ite : Geologic ltazard Mitjgation Elk Meadows Subdivision Vail, CO
Dear Mike i
As requested. I have reviewcd Llte approprial-e measures for the mitigation of the rockfall hazard at tl)e subject site. The current Iocation for tlle loLs aloes not allow for the mitigation to be handlcd as easily as before, lrowever, it appears thaL it can be acconplished with a fcw consideraLions.
f) The structures shoul(l be siLuated so tlrat at least six vertical feet of w.rll is exposed on the uphill side- The exposed face should be designed (prcferably ot r:einforced concreLe integ]:al with tlre foundatir]n) such that it is cap.-rble of withstantlinq a force of noL less tharr 2000 pounds applie<i over .-r n ar:ea of .-rP1>r-oxitnately two square f cet. 'fhe f ace <-rf l-lre wal.I sllc-luld lre proLecLed. as beforc, witlr 6 irrclr timbers for inpact absorpljorr and replacement- I'he design of these wal I s slrould be sirni-1.-rr to thclse slrown in ny letter of July 3, 1986.
2l nll oLher .rreas lrith uphill exposures should be designed to wi tltstand a 2000 pound force as wclI. No wirrclows slrould be pla(;e(l j rr waf 1s wit-h ulrh j l.J c"'pr<rsu.os. It shcrul-d be urrdersLood Llrat- Llrcrc' cxjsts tl)c poissi biliLy l-haL faJlrng rocks could irnpact l,j on's lti(l(je Loop lload above an(l be launclrcd -into the a j_r suffi<:jcrrtly to intpact. r:oof arcas,all,lrouglr Llre probabiJ iLie s of such an inrpact are significanLly Iower- than th()sc wlrich r"ri 1l inrpact. Lhe wall.
3) Insof ar as tr><)ssibJe, jt is recolrnrr:ntled t,l)aL roorns wit lr the great,e,st occupar)cy be located away fron LI)e uppei- sLories and to Llle downhilI side. A Lcrrace(l fJoor arr:angenent ap[)ears to fit quiLc weJl at thjs sitc and wjll blen<t j.nt_o the aide of l-he hi I I bel tr:r whi Je lrrovi<'lin(l .lcss cost_ t-lrr:orrqlr r:erluced excaval-r.ol). A L.ryorrl, of Lhi.r; typr: will also provide for rnaximum southern cxlrosrrrc Lo L.-rke a(lv.]ntaqe of solar heaL qain.
NANNIT,R ASS(X]IA1TS. INC.
COtiSULl ING tNGrr"rLRS & AllClllIt:Ctr.s
2777 CnOSSROAt)S 8()Ut EVAITD
GRAND .rtJNC fl()N. CO n1506. 13rl31243 2242
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fiE: Geoloqic Ha:ard l,litiqation
El l. fl€?ador.rs SLrbdi vi ei cJn r.rai I , C0.
Dear 11i l.e;
I havt: re\,i e{.red ).oLlr_ mc'st recent L)Iatls and .rl9o FE?\,i er.ra?d the reiJclrt lry oLrr_ st-r-LtctLl|-aI c'rroirrf]r:r, I_ron F, e t t y c-l r- o .z r: r cortcer-rrirrrJ Lt'e rocl':i.rI I nritigatii}n for tlrr? t_lli fle"ador.rs SLrbcJl \./ i sion. I a'Jr-i'e, t113l- i f thcl dr.:s i qn cr-i t.t-i.f pr e.ii:trted lJy l)or1 Fetty,gr ove in llr5 lptter of l:etrr-Lrnr.\, :iij, f .ilt7, Fr(: {rjl l.]t.,=J r I ocl:tal I lrarard r.ri I I lte. l:.rllL [:o a minl|lLliD {crr ttris
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l:c'tetrtial roct,:{al I i(rto j_lrj s =ite r.ril I lrs very i n { r- r-r-i.rr..n t o'ver the year-s, br-rt Lhis tyFe (lf nri ti q.:tr...rn i:: Etill prlrdi?nt.
the mitieatiwe dEsign r.rill rrc,t aclvc,r:,tll ), a{fect -ir.ry (,ll1er-
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n $'f N, COI-ORAI)O 8l(ill . (j)31 92.r-5,857 GRANT),IUNC ON. C() 8l[,06. 130:t) 243.2242
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B. DRAINAGE REPORT
El,A.
o N NEFl ./f rnc. I6, L9tJ7
Mr. Peter Pit tl-on 'fown of V.riI
7 5 South Front:age lloa(l VaiI, Co u1657
lle: El k Mea<iows Sulrrli v i.ri iorr
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-t aln wril-itr(lr as /<Ju l-il(IuesLc(1, tro clnrj-t:y erur: o1:irriort reqardirrg I he a',l- ici,p.1t:e(l irn])ncL crf !-lr ir; (rovc r()r)rn(]r)r rrr I lr.r sr.()r.nr r lirw j_nt:o
l.lrr: ,1rljags111 l)t-.'l'rit-t y r.i.) | lt.: w,.:it
'ftre peak desi.<1rr f l.,w tlrrouqrr Lrre nea(low area f or a st.orm of r0-ycar recurr{'!ncci l S on l.y t] r;l.s llor a lt()l,a I basiD area of sonrr: lTtt ncres- 'lllc Lotn l srrr-ta(:.r{l alr,;r oll lo,rri i r; a1,1rr-oxirrrirl_cIy t).9 .1(jrc wiLlr atr ar.'t)a ol- altorrt: 0.5 .l(:l-r] ().;t_al)l.i riltc(l f ()r l,ltc l>r_ri ldirr<1 etrvelope..; (li.vitr(j a Lol-nI ol ;rpJrr oxi ntat_.rl y I.-4 ircl..cs of Llre t_ot__a l l'ru in \rlri.cll t_lrc rlr:ainat,c cltnr.;r(:l_()r ir;trir;:; i.rill l)(: al t<:r.ed by l_lr.is (levc.l.ofjnlelrt-. tl; j:; orrr- rrlrinir)|l l_lt.,t t. a y (:ltirnrlo .i ll I)cak f l()w (rcIIc,.al,c(l l)y LIr j.s <lr:vr: I <t1rnu,rrt. ir; L.ty()nrl I lr,.: ;r,:cur.-acy crf Lil.,IneLllods used t,o ca,lcu l.aLc l. lOra:; :iu(;lt ati I lti t; ;rl)rl t.lrrtr.cf Orc calr IroL bc ac(;ur.tLcly eva luat,o(1.
1'lle transn j.ss j.oll of f l ow!; t_lrt:()ll(llr l_ll{.! ]rit_c wil I bc alt;cred by lD.vidin(t il rr(rrc! r:lcar.Ly <l.l irrcrl ri'a i11;r<1r_- 1r;rl.lr a 1t_lr<lrrrllr sl.iqlrlty
nr()r e ci l cuil-eul;. r^ir: lrrlir:v,. r-lrr: rwr) wi ll r)lfri(!r- nn(l t,lr(! Lr:avr_'l l-inc t-lrr-ou(lll t-lrr: sjL,!: wi. I I l <'ru;rj rr vill-u,rl ly i-ll,r :iarr() as clrlrrLrnLr-
'fhe quatrL.i-Ly an(l pointt of (ljj;clt;rr;(lo I_ Lon l.llis l)t-ol)el:t.y r.rill net cllalrge f rotn exi.sLitr(t crrn'l.i t-i()n.i ,rn(l .t!; a l.<:liuI t slrouicl lravc rrr_r .1dvef sc intpacL otr Llre a(ljacoltt_ pirr.cc l.-
Sllould you ltave .-rny furLltcr clrrr:sl j.orrs. []l-(] stc (lo nol- lrcsitat-e Lo caII-
since.rely,
I}ANNIiR AJ;SOCIATIiS , I NC .
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\tc l)elicvc LlraL l-lr<r :;.rrt_lrr:r rt .rrrl .l l_lrr: I ll,, ctr I vt:rL rniUllt-(lischat-(te f Jows itr rr Lrr:l-l r) r- rn;rlrrrr.r- if il. \{c) () lt()ve(l sotncwlril L to l-frc r^,rc:; f. :;o I lrir l, llrc rli:rr:lr,rr ry, rtl )-ll (_. ll:, rvil h a vcloci t:y ol.;rlrJrt t>xitrral-r,'I y 7.J lr--r'1- 1rr:r :.r'r'()llrl, il; rrol. rl il;r:lr;rr <1r.cl rlirr-<:l. ly;rl-lot- 9 as is r:rtlr orrl ly :rliorvtr-
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l;l_t uct_ul-(..; ;rnrl rlr ivow;ry till .r lrrrrrl I lrt_,1;r: llrrr:e lol:s slrotrld bc
l)r ()t c(il-{'(l ;r<;,r il'l;L I lr.'l;r' lri,llr vr, lr,,.il_ir.rr rvillr r i;rr;r1r lr.rvil|! a nl{]ar)(li illllct-r:r- trl rrot. I rtr;:; l.)r;rrr ,) ilrr.lrlt;. ,l'lr ir; r lr;rri r. crncrrt- t:Lu ltl bc !ta i v(](l l.lrr:r>trt;lr I lrt_. rrl;r,. rrl ;rrr llt ,' (li. {_. I.t- (-.lt I vcr:1, llcneat_lt I lrc rlrLcrsccL.i on rr.i.t_lt I lrr: :;lr<;r | .illr], rlr ivr:rvly rvlrr:r c jl_ ioirrs witlt tlrc
I1;) I lt al(;(jcl;ti rl|-i vow;ty.
Mr. Mike La u l- er-lr.r <:lr {iepl-ernber I8 , .l 9t} 6
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'l lli\ve also errt:r-or;t-d ;r t-1'lrir;;r.l :;ir.c .;l-irtr irr..t 1r,r.arr wrri crr rnay be i ttc<'r-t-1rora t-ccl :;.i ttcr,' .r l. I :;Lrjrrr:l ur'c:; wi || lrer:rl l.o lx_- r:.l cv.lt_r:tl alr,vt,.llrt: rlr';ri lragr: w.ly nt_ lc:t:;t l'..,1 ,,_
{jltould you lt,rvt- .-rt)y (IUci!i l- i ()rr1;, l)l().r:;r rl' '()l- lre!;j l,ar te Lo calI.
Sj nccrely,
lJn NllttR ASSOCI n.t'I.;s , l NC -
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L.DECLARATION
PLANNED
THE ELK
OF PROTECTIVE COVENANTS
DEVELOPI4ENT GUIDE FOR
MEADOWS SUBDIVISION
t
o
DECLARATION OF PROTECTIVE COVENANTS
FOR
ELK MEADOI,JS SUBDIVIS ION
Owners of Record, Brad and Susan Tjossem
("Declarant"), is Ehe tecotd and beneficial owner of all of the
real properry within that cerEain subdivision denominated Elk
lleadoi,'s bubdivision located in Eagle County, Colorado, the final
plat of which was recorded in Book --.-- 3t Page
-,
of the
i.coras in rhe office of Ehe Clerk Eid- RecorderlT Eagle counEy,
Colorado. , _
Declarant does hereby make, publish and decl-are chaE
Ehe following terms, covenant$, conditions, easements,
restrictions, uses, reservations, liniuaEions and obligations
shall be deemed to run LtiEh the land, shall be a burden and a
benefit to Declarant, its successors and assigns, the Tor'm of
VaiI, as to certain testrictions, and any person or enuity
acquiring or owning an interest in the real pr-operty described
above and all othei real propert)/ hthich is or becomes subject to
this DeclaraLion and improvements builr thereon, their grantees,
successors, heirs, personal rePresentatives, devisees or assigns'
1, DEFINITIONS: As used herein, the following words and
terms shal"T-TEve c-6if ol lowing meanings:
GROSS RESIDENTIAL Is a term as defined in Secrion 18'04.130
FLOOR AREA of the Zoning Resolution (the "Zoning
("G,R.F.A.") (ResoluLion") of rhe Town of Vail, Eagle
Countv. Colorado.
SUBDIVISION
BUILDING ENVELOPE
TRACT
SINGLE UNIT
RES IDENTIAL
BUILDING
ENVELOPE
DESIGN REVIEW
COMMITTEE
Elk Meadows Subdivis ion.
A lot within Elk l'leadows Subdivision.
A Eract within EIk Meadows Subdivision.
A Building Envelope which can be used solely
for residentral purposes and upon which not
more than onr: building containing not more
than one single farnily dwelling unit (as
defined irr SecLion 18.04.080 of the Zoning
Resolurion), and containing not more than two
enclosed garages or one 2-car garage, may be constructed'
OPEN SPACE TRACT Tract 1, which shall remain in iEs natural
and undisturbed state or be landscaPed in a
manner appro'red by the Design Review
Commirree. as hereinafEer defined; provided,
however, thac an Open Space TracE may have
constructed and maintaiired chereon utilities
and drainage facilities in areas as so
designated-on rhe final plar of che
Subdivision.
A group of three persons who shall be
reiponiible for the administration and
enforcement .rf these ?rotecrive Cbvenants and
other Design Guidelines, if any. Such
Dersons shaLl be appointed by Declarant. The
besien Revier,r Committee (sometimes teferred
fo h6rein as the "Committee") shall, among
other Ehings, review and oversee Ehe
developmeni of the Building Envelopes and
Tracts with regard to siEe design,
DESIGN GUIDELINES
ROAD TRACT
OWNER
ASSOCIATION
COMMON EXPENSES
architecture and landscaPing. Any action,
decision or approval to be given by the
CorffniEtee shall require a maJorrty voEe or
iEs members. Should Declarant' at any E r-me
rithi.t 30 days after receiving- written notice
"i-"-""""""y in the Commitree having occurred
for any ."a-son whatsoever, fail-to-appoint a
,,"r tn"itb"r to the Comrittee to fill a
vacancy, the owners by- a majoriEy^vote shall
desieniie such new member to the Comnittee'
with an Owner having one vote for each
Building EnveloPe owned.
Guidelines for the development of the
Building Envclopes and Tracts shall be
adopted-by the ComrnitEee, which. shal1, among
othbr things, interpret and/or implement the
orovisions of these Protecrive Covenants.
tluidelines may be amended from time to time
with the rnajoiity vole of approval from the
cornmiLtee aid apirroval of rhe Town of Vail
Design Review B6!rd. The guidelines will be
available frorn the chairperson of Ehe
Committee and Town of Vail CoTrmuniEy
Development Department'
Txact 2, which can be used solely (i) to-
orovide'a Drivate road and right of way for
brivate usi as ingress and egress from each
bf ttr. Buildi.ng Envelopes Eo Lion's Ridge
Loop, a public-road lotated in Eagle-County,
Colbiado, (ii) to provide for vehicular
oarking in areas ai so designated on the
^f inal [Iat of rhe subdivision, and (iii) to
orovide open space in the same manner as an
boen SoacL TracE on porEions noE used for a
oiivatl road and right of waY or for
irehicular parking; lrovided, however, that
the Road Tlact may irave constructed and
mainEained thereon utiliEies and drainage
facilities in areas as so designated on the
final plat of the Subdivision.
Any individual , corporat ion , -
par rner ship ,
asiociation, trust or other lega1 enticy' or
combination 'tf legal entiEies ' which is the
record owner of an undivided fee sirnple
interest in one or more of the Building
Envelopes.
The Elk Meadows Homeowners AssociaEion' a
Colorado nonprofit corPoration.
All expenses expressly declared to be comnon
e*pensis by this Declararion or by the bylaws
of'the Assbc:ation; all other expenses of
administering, servicing, conserving,-
managing, maintaining ( including,. wiEhouE
limiiat.ion, snow removal and landscape
naintenance), repairing, improving or
replacing the Open Space TracE' qhe Road
Trlct anE improvements located thereon;
insurance premiums for the insurance carried
under Paralraph 10 herein; and all expenses
lawfully deteimined to be conmon expenses by
Ehe board of directors of che Association.
This Instrunent and all amendments or DECI.ARAT ION
FIRST LIENOR
supplements chereto hereafter recorded in the
records in the Office of the Clerk and
Recorder of ':agle County, Colorado.
The holder of a promissory note payment of
which is secured by a firsf mottgage or first
deed of trust encumbering an interesE in a
Suilding Envelope, "Mortgage" shall incLude
a deed 5f tru"c, and "morlgigee" shall
include the beneficiary of a deed of trust.
2.
DEF INITION
Single Unit Residenrial Building
Envelope
Open Space Tract
Road Trac c
: These covenants and restrictions are
LOT DESCRIPTION
Building Envelopes r,2,3,4,5
Tract 1
Traet 2
made for the purposes- o-creating and keeping the Subdivision,insofar as possible, desirable, attractive, beneficial and suitable in architecEural design, macerials and appearance,
guarding aBainst fires and unnecessary interference with the nacural beauty of the Subdivision, and providing ingress and
egress from all Building Envelopes in the Subdivision to a public road, all for Ehe mutual benefit and protection of the owners.
3. USES: Al1 Building Envelopes in the Subdivision shaII fall within-t[e followine laiid use dbfinitionsi
4, APPROVAL 0F CONSTRUCTION PLANS; (a) No buildins or other stru@ected, or maintainEd on
any Building Envelope, nor shall any addition thereLo or alteraEion or change therein be made until compleLe plans and specificaLions (inaluding, but not limited to,-a colbr rendering
and/or a model, floor plans, elevations, site and grading plans,provisions for off street parking and locations of driveway
access, landscaping plan, the spr.:cif ication of principal exterior maEerials, color schemes and Ehe location and the method of utilization of all- utilities) have been submitted to the
Conmittee and by it approved in wriEing. In addition, each owner that builds a structure on a designated Building Envelope shall
cornply wiEh Lhe design guidelines and rockfall mitigation
requirements as outlined in the Environmental Irnpact ReporL by
Jamar Assocjates dated July 22, 1987 and revisions of exjstjng reports
made as of March 12, 1990. Copies of guidelines and mitigation require-
ments shall be available to prospective purchasers from the Town of Vail
Community Development Department and fron the Committee.
Each owner may choose Eo have another qualified
engineer/geologist design appropriaEe rockfall mitigation
measures, as long as the nicigation solution does not have
negative visual impacts and is approved by the Town of Vail
CommuniEy Development Departoent and the Town of Vail Engi-neer.
The Town of Vail shall have the right to enforce the
covenanEs and all requirements wiEhin subparagraph 4(a) herein.
The covenants and requirements contained in subparagraph 4(a)
herein may not be amended or deleted without Town of Vail
approva I .
(b) owners are encouraEed to consult with Lhe committee prior to and during the prepirati':n of such plans and specifications in order to avoid withholding or delay in
approva r .
GENERAL PURPOSES
(c) If upon the exPiration of 30 days from the date of Ehe
submitral of pians and slecifications to Ehe Cormitcee by an
Ovmer, the Coirmittee has' Eaken no action, the plans and
specificacions will be considered approved-by the Committe,e and
the 0wnet may conunence con$truclion only after obtaining the
applicable governmental zoning and building permits '
(d) The Committee sha1l be auEhorized to levy a reasonable
charge,'not exceeding fifteen certts for each square foot.of
G.R.F.A., for the reiiew of plans and specifications, which
charge shall be paid in advance. The proceeds of such-charges
shali be used fol the administration and enfotcement of these
Protectlve Covenants.
(e) UDon the approval of plans and specifications, the-
Owner shalli be requilLd to escrow funds for che comprecron ot.
landscaoins items'and maEerials that are to be installed by che
o*tr".. 'EsErowed funds will be returned to the owner after
iatrd"."ping has been in Place in satisfactory condition for a one
year period.
(f) In passing all such pLans and specifications, the
Comrnitiie strail takE into consideraEion the suitability of the.
oiooosed buildine or other sLructure and the maLerials of which 'it 'i" to be builI Eo the Building Envelope upon which.iL. is to be
erected, the harmony thereof r^'ith the surroundings and the- ettect
of the building or 6ther structur:e, as planned, on the outlook
from adjacent 6r neighboring Building Envelopes'
(g) The coffniEEee's goal- is Eo create, for the entire-.
Subdivision, a cornpaEible ind homogeneous architecEural quality
harmonious with Ehe characrer of the area.
(h) The Connictee shall use reasonable judgment in passing
upon al1 such plans and specifications'.but the Committee sharL
nbt b. liable to any persbn for its actions in connection with
suU*lttea plans and- sirecifications, unless it be shown that the
Conmittee icEed with malice or wrongful inEenc'
(i) The following speeific resErictions shall govern
conscrucLion on and use oi any Building Envelope'
(i) DENSITYT a building siEuated on a Single Unit
Re s idenLiaT-TdiTding Envelop6 shall not contain more than
3,200 square feet of G'R'F'A'
(ii) SETBACK REQUIREMENTS: Minimum setbacks for the
location oFG tiuE tu?EE-Ei cE lations to Building Envelope
DerimeEer lines shall be as follows:
(aa) No structure shall be locaeed on the Utility
Easement as so designaEed on Ehe final plat
of Ehe Subdivis ion.
(bb) No structure shall be located less than two
feeE ff,om either che east or the west
perimeter line.
(cc) No Structure shall be located less than three
feet from the north perimeLer line'
(dd) NotwichsEanding anything contain€d
' hereinabove to-the contrary, roof overhangs
and d.ecks may encroach inEo the seLback areas
described ir- subparagraphs 4(i) (ii) (bb) and
4(i)(ii)(cc) her-ein io long as such. roof
overhangs and decks are totally r"Tithin the
oerimecEr lines of the Building Envelope'
(iii) BUILDING HEIGHTT No structure located within the
Subdivis ion-TF?l[T-EiEEdi-at any point on the strucEure'
Lhree stories or 33 feeE in height (as defined in SecEion
18.04.170 of the Zoning Resolution) ' whichever is less'
(iv) PARKING AND ACCESS EqqqI4El'IENT!.: (aa) One off
sLreeE par@all be, Provided on
each Building Envelope wirh such off street parking spaces
being required to be- provided in enclosed garages.
(bb) t'to off street: parking spaces on any Building
Envelope shall be allowed outside of an enclosed garage, -except for up to one space locaLed imnediately in fronE ot
and tontiguoirs to the hoors of an enclosed garage located on
the Building Envelope,
(cc) A11 driveways and parking areas in the Sub-
division shall be paved and Ehe 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 Buildile Envelope. shall ,be reitricred to access whir:h comes directly off of Ehe Road
Tract except for Lot 5 which js proposed to access djrectly off of
Lions Ridge Loop (Buffehr Creek Rd.)
(v) LANDSCAPING: The concern of the Committee shall
be co
-impr6i6-TEE-iEEural appearance of the Subdivision and
the maintenance of such appearance. Owners and cheir
representatives or builders will be required to:
(aa) Minimize disruption from grading'
(bb) Revegetate and restore ground cover for
erosion and aPPearance reasons.
(cc) Use indigenous species of plant maEerials as
established bY the Cornmittee '
(dd) SelecL the man-made elements that blend and
are comPaEible with the land'
(ee) Use exiscing or natural drainage PaEhs ithen-
ever Pos s ible.
(ff) Conserve and proEecc topsoil , rock formations
and unique landscaPe features.
(gg) Sod such areas as determined by the
Committee.
The Conmiccee shall require complete landscaping plans ' As
oart of such Iandscaping plans, each Or^mer shall be required
to submit compleEe piani ior the landscaping of aII portions
of the open Space Tiact that are within 10 feet of the
oerimeter linbs of such Owner's Building Envelope, and it
LtratL t" the obligation of such O\"ner to complete such.
iandscaping of thE Open Space Tracc. The owners will be
encouraged"ro make aiequat.e provisions for landscaping costs
in theii overall constiuction budgeE'
(vi) WATER AND SANITATION: Each structure'! designed for
occupancy d-use Et-EumAn TEEg s shall- connect vtith waEer
and ianitation facilities made-available by Upper Eagle
Valley Water and Sanitatiorr District or any other.similar--
eovernmenEal or quasi-governmental enEity. No privace welIs
Ehall be used as -a souice of waEer for human consumption or
irrigation.
(vii) ELECTRICAL AND TELEPHONE SERVICE: A11
and teleph loPes
placed underground,
electrical will be
(viii) EASEIIENTS: Easements and righEs of way are hereby
reserved aE-Gfr6ifr-6r described on the final plar for the
Subdivis ion .
(ix) SIGNS: No signs, bil-1boards, or ocher advertising
scrucLure o-f-anv kind s[all be erected, consEructed or
maintained on any Building Envelope for any purpose
whatsoever, excepE such signs as have been approved by Ehe
Commi E Eee .
(x) FEICES: Design and localion of fencing shall be
submitted to and approved by the Committee prior to
installation.
(xi) TRASH: No trash, ashes or other refuse sha11 be
Ehror,m or
-umped
on any land within rhe Subdivision. There
shall be no birrning or oEhe): disposal of refuse out of
doors. Each Owner sha1l provide suit.able receptacles for
Ehe temporary storage and collection of refuse and all such
receptacles ahal1 be placed in enclosures attached to the
builbinss so thaL sucl receptacles shal1 be screened from
the pubiic view and protected from disrurbance.
(xii) LIVESTOCK: No animals, livestock, horses or
poultry of-Eny-Elnd (except dogs, cats and other
domesticated pets for houiehold enjoyrnent, not for
commercial purposes and not to exceed Ewo in number may be
kepr by an owner so long as such pets are not a nuisance Eo
".ty otir"r Owner) shall 5e kept, riised or bred in the
Subdivis ion .
(xiii) PETS: Household.peEs,, such as dogs and,caEs, must
be containElupon an Owner's Building Envelope. owners may
not construct i fenced run on Eheir Building Envelope. Pets
shall not be allowed to remain tied or chained anywhere in
the Subdivision, and any Pet so tied or chained rnay be
removed by the Association or its_ qgenr? ' Pedestrians
accompaniLd by dogs wiLhin Lhe Subdivision must have said
dogs irnder their airecL conLrol by use of a leash not to
exceed ten feet in lengrh'
(xiv) TEMPoRARY STRUCTURES: No temporary structure,
such as a 6aG emenElEETfE?, rnobile home or tent shall be
permitted in the Subdivision, except as may be-determined !o
te necessary during construction and specifically author:ized
by the Committee in writing and in accordance with the
rLgulations of the appropriate governmental entities.
(rv) TREES: Trees natura!!V exisring upon. any .Building Envelope oi-Ei6n any Tract shal,l not be cut, trimned or
removed frour the Building Envelope or Tract without the
prior approval of the CommiEtee.
(xvi) TELEVISION ANTENNA: Exterior mounted, exposed
c e I ev i s ion-i-r-Tid'ii-EiTEifriwil I no I be permi t t ed v/i thin the
Subdivision. Such anEennae' if installed, must be concealed
from public view.
(xvii) SCREENING: Fuel tanks, electric meters, garbage
areas. c l oEE-e-FIfiEE, boats, commercial trucks, trailers,
camDers, motor homes ' ATV and recreational or inoperable
vehicles, air condicioning equiPment, relevision and radio
antennae and other related features must be screened or
encloged from view from surrounding Building Envelopes and
proper tie s .
(xviii) SPARK ARRESTORS:all ch imnei6l--
Spark arrestors are mandatory on
(xix) OUTDOOR LIGHTING: All outdoor lighting comes
under the lurEs ficlffithe Comnittee.
(xx) REPAIR OF VEHICLES: No work of automotive repair
shall be oETfoirned- anvwEere wichin the Subdivision except
within privace garage3.
(xxi) ACCESSORY STRICTURES AND GREENHOUSES: Accessory
structures, if any, shall be of samlrar conscructlon
materials and quaiity as principal buildings. Greenhouses
must be constructed of permanent materials and must be a
parE of the residenLial structure or Sarage and may not be
free i; tanding building.
(xxii) CONTINUITY 0F CONSTRUCTI0N: A11 sttuctures
"oo*.n..d ffie prosecuted di ligent ly
Eo comDletion and sha1l be completed wiLhin the tr^/elve
rnonths of commencement unless LxcepEion is granLed in
$Triting by the committee.
(xxiii) NUISANCE: No noxious or offensive activity shall
be carried-6fr-iitfi-in the Subdivision, nor shall" anything be
done or permitted which shalL consritute a nuisance therein.
(xxiv) STOMGE OF MATERIALS AND EQUIPMENT: Owners.and
contractors are permitted to store construcEaon InaEerlars
and equipmenE on the approved construction site,during the
constiuction period, it shaLL be neatly stacked, properLy
covered and secured and is che responsibility of the Owner
and the contractor, Owners and contractors will not
disturb, danrage, LresPass or store materials or equiPment on
oEher Owners' Building Envelopes, on the Open Space Tract or
on the Road TracE.
(xxv) DEBRIS AND TRASI{ REIIOVAL: Owners and contractors
shall clea@s on Ehe construction site
aE the end of each day. Trash and debris shall be removed
from the site at least once a week Eo the closest solid
waste disposal site approved by Eagle County. Owners and
contractors are prohittited from dumping, burying or burning
trash anyvhere in the Subdivision.
(xxvi) SANITARY FACILITIES: Each Owner and concracEor
shall be rElFonsTETe -Eoi providing adequate sanitary
facilicies for his consEruction r,torkers '
(xxvii) PARKING AREAS: Construction crer^ts and ocher
constructi6i-!rc:GJfrET-shall not park on the open Space
Tract or use oEher Building Envelopes for parking PurPoses during cons Eruc E ion.
(xxviii) P.ESTOMTION OR REPAIR Od IIIER ?ROPERTY p4!4{GED:D;rt; ;r limiEed to other Building Envelopes, the open Space TracL'
the Road Tract and improvements thereon, driveways or other
improvemenEs is no! Permitted' If any such damage occurs 'it-wilL be repaired promprl,r aL the expense of the person
causing the same.
(xxix) CONDUCT AND BEHAViOR: AII Owners shall be
respons ibLE"T6iTfiE-i6niluEt-?id behavior of their agents 'repiesentatives, invitees,'auilders' contractors and
subcontractors.
5 . DMSION OF TRACTS . ( a) Each and every Tract is
hereby divll&fGiEE-TEat-an undivided interest in each and every
TracE is hereby conveyed and mad: -apPurEenant Eo each and every
one of Ehe Buiiding Envelopes as follows:
Bui I di nq Envelope
Appurtenant Percentage
Interest in each Trac'
20. 00
20.00
?0.00
20 .00
20.00
1
2
3
5
(b) Each Building Envelope and iEs appurtenant
inreresr in Lhe Tracts shall be i-nseparable and may not be
conveyed, Leased, devised or encumbered one without the other. A
transier'by an Owner of legal Lirle Eo all or any portion of a
Building Eirvelope shall auEomatically transfer a proportionate
interesE in the- appurtenant inEerest in the TracEs. No interest
in a Tract by itsi:if may be granted, conveyed or assigned by an
Owner separate from his Building Envelope.
(c) Each and every Tract shall be owned in common by
Ehe Owners and shall remain undil'ided. No Owner shall assert any
righc of parEition wiEh respect Eo a Tract and each Owner waives
an! and ail rights of partition he may hold by virtue of his
or,irership of an undivided incerest in the Tracts as a tenant in
conmon with the other Owners.
(d) Each Owner shall 'oe entirled to use the Tracts in
accordance with che purposes for which Ehey are iltended,. without
hindering, impeding br lrnposing .tPon the rights of the other
Owners aid in'accoidance wittr Lhe rules and regulations duly
esEablished from time to time by the AssociaLion, as provided for
here inb e low .
6- EASEMENT FOR USE OF RoAD TRACT: Declarant desires to
provide to effiress to his
building Envelope from a private road and Declarant hereby grants
and assigns to each 0wner a perpetual, non-exclusive easenlent and
rioht of wav under. over, across and through the Road Tract for
l;; ;r;p";;; iiuuiect to the adminjstratjon of the Assocjation) of
constl'uatjng, maintaining, repajring, enlarging and
reconstructing a roadway- the reu pon provjding vehicular and
pedestrian in!ress and egress between his Bui lding Envelope and
lion;i Riaqe ioop (auttehr Creek Rd.), a private road located in
Eugi"-Couniy, Coioiado. The easement and right. of way hereby granted
ind iriiq"ed'thall run with the land and shall be appurtenant to,each
Bui ldin-g Envelope , such tha c a tLans.[er by an ornner ot IeEaI
ticle t6 all or- any portion of a Building Envelope shall
automatically Eransfer a proporLionate interest in the easement
and righE of- way granted ind assigned herein; provided, however,
that n6 interest In the easemenE and right of way granEed and
assigned herein for Lhe purpose of a roadway may be.dedicaced to
the lublic or granted ro a non-Ol,mer without the prior vtritEen
consenc of alI Owners '
7 . ADMINISTRATION AND MANAGEMENT OF THE TRACTS: ThC
Tracts sha this
Declaration, the articles of incorporaEion and rhe bylaws of the
Association. Each Owner shall be a member of the Asgociation and
shall remain a member until he ct:ases to be an Owner. Each
member shall comply striccly rtith rhe provisions of this
Declaration and bf- the arcicles of incorporacion and bylaws of
the Associacion. Each member shall be bound by and shall comply
with rules, resolutions and decisions of the Associarion duly
made or adopced in lhe manner sei forth in Ehe AssociaEion's
"iti"f." of incorporaEion or bylaws ' Such rules, resolutions and
decisions rnay app1y, $rithout limj.tation, to the conErol and use
of parking areas lbcaLed on the Road Tract including' without
lirnltatioi, the designation of specific parking spaces Lo be used
by specific Owners to the exclusion of use by Ehe other ovfflers.
riilirre of the member to comply with such provisions, rules,
resolutions or deci-sions shall be grounds for an action to
recover damages or to obtain injunctive relief, or both,
mainEainable-by the Association on behalf of the oEher Owners or,
in a proper case, by an aggrieved Owner. In addirion, the
Assocllarion's byiawi tnay lithotire the Association, during the
period of any delinquenty, (a) Lo revoke a delinquent Owner's
iight to use the Tracts and (b) t:o suspend a,member's voting.
privileges; however, no such suspension shall affect the rights
of a First Lienor.
8. MAINTENANCE AND REPAIRS 0F THE TMCTS: The Tracts and
imorovemen erved, managed,
maintained (including, without. li.mitation, snow removal and
landscape naintenance), repaired, irnproved and replaced by uhe
Association. However, if the need to make such repairs or
maintenance resulLs from the negligence or intenLional act of any
Owner, his family, agent or invitee, such Ownei shall reimburse
the Association ior all the costs of repairing such damage and
shall be liable to the other Oi^rners for all addiEional losses or
damages suffered, including reasonable aEtorney's fees.
9. ASSESSyTENTS FOR COMMON EXPENSES: (a) Each Owner shall
pay his pr ses, r{ith such Pro raEa
share of each Owner to equal the undivided percentage interest in
each and every Tract appurtenanE to such Owner's Building
Envelope, as ipecificaiiy sec forth in subparagraph 5(a) hereof.
(b) The boatd of directors (the "Board") of the Association
sha11 fix, deEermine, levy and collect annual and special
assessments co be paid by each of the Owners to meec the comnon
expenses and to crlaEe a contingency reserve therefor. Prior Eo
thl beginning of each fiscal year of the Association, the Board
sha1l ldopt i brrdget for that year. The budget shall include,
but shall- noE be limited to, an estimate of the costs of
mainEenance, repair and replacement of the Tracts and
improvements th'ereon, che tost of services to be provided-by rhe
Asiociacion, the cost of insurance required by Paragraph I0
herein, and proposed capital expenditures. The budget shall
include an abeqirate r"sbtte fund for the maintenance, repairs and
replacement of the Traccs and improvements thereon, in order Lhat
suih maintenance, repairs and replacement may be paid for,through
regular installments raEher than by special assessment. For the
AsSociation's first fiscal year, the board shall adopt the budget
at the first meeting of the Board and designaEe the daEe of -cormencement of the-first annual assessmenE, with the cosEs for
maintenance, repairs and replacement of the Tracts and
improvements thlreon and any reserve fund needed Eherefor based
on'a good faith esEimace of'those cosEsi said estimate m-ay be
based-on the costs incurred by similar associations in the
general locale. Thereafter, the cost of maintenance, r-epairs and
ieplacement and any reserve fund needed therefor shall be on the
basis of the previous year's costs wiEh such adjustments
therefrom as the Board considers approPriate, The budget shall
also include the annual assessmenr for each Ohtner. Special
assessments rnay be levied whenevcr in the opinion of the Board it
is necessary or advisable Eo do so (i) to meet increased
operating or maintenance expenses or costs, (ii) to ptovide for
rhditio.tll capital expenses, or tiii) because of emergencies;
however, if Ehe proposed additional caPital expenses at any Siven
time are in excess of 40 percent of the existing budget, such
expenses may be incurred only,after the Owners, by the vote of
chb o',mer s bearing at least 75 percent of the coqtngq 9xp9nses,
aDDrove such expenses. AII annual assessments shal1 be based
upb. rn approved budget; all other assessments shall be in
irernized statement form and shall set forth the detail of Ehe
various expenses for which Ehe assessment.s are being made.
(c) The Board shall prepare and provide to each Owner a
staEement for the annual assessmenc and any special assessmenL
againsL his Building Envelope. AnnuaI assessments for the
budgeted common expenses shaLl be paid in quarterly inscallments,
each such installment due and payable in advance on the first day
of each calendar quarter, or more frequent instalLments as may be
determined by che Board. Special. assessments shall be due and
payable as specified in the etritten nocice of such assessment
provided by the Board.
(d) The Board shall have the right to add to any Or1'ner's
assessment, as provided in this Paragraph, those amounEs expended
by the Association for the benefit of any individual Owner,
including but noE limited to, fines (pursuant to rule adopted by
che Assoaiation), repairs and replacements to the Tracts and/or
improvements thereon caused by Ehe negligent or ltillful acts of
said Owner, his family, guests, employees, licensees, lessees or
inviEees, and all other expenditures or charges Provided for by
this Declaration or the Association's bylaws.
(e) If any assessment shall remain unpaid ten days after
the due date thereof, the Board may impose a late charge on such
defaulting Owner in an amount equal to 1.5 percent of such
assessmenE, Likewise, a late charge equal to 1.5 percent of the
unpaid assessment may be imposed on the first day of each
calendar month thereafter so long as such assessmenE shall be
unpaid. Failure to make pa)'rnent wichin 30 days of the -due date
thereof also shall cause the full- amount of such Owner's regular
assessments for Ehe reqtainder of that year to become due and
owing at once, at the option of Ehe Board. In the evenE it shal1
becone necessary for the Board Eo collect any delinquent
assessments, whether by foreclosure of a lien hereinafter
created, by commencing of a court action (which may be brought by
the Association t^tithout waivins the lien hereinafter creaEed) or
otherwise, rhe delinquent Ownei shall pay, in addition Eo the
assessmenE and late charge herein provided, all- costs of
collecrion, incLuding a reasonable attorney's fee and costs
incurred by the Board in enforcing paymenL.
(f) A11 sums assessed but unpaid for the share of conmon
expenses assessed to any Building Envelope shall constiEute a
Iien on such Building Envelope and appurtenant interest thereto
in and to the Tracts in favor of the Association prior to a1l
other liens and encumbrances, except: (i) liens for general
property Caxes and special assessments, and (ii) the lien of any
iirit mortgage or first deed of trust of record encumbeting such
Building Envelope. The AssociaEion's lien shall attach from the
date when the unpaid assessment shall become due and may be
foreclosed by the Association in like manner as a mortgage on
real property upon the recording of a notice or claim Ehereof
executed by a member of the Board on behalf of the Association
setting forth the amount of the unpaid indebtedness, the name of
the Owner of the Building Envelope, and a descriPEion of rhe
Buitding Envelope. If any such lien is recorded by the
Assoeiation, the Owner shall be required to pay the costs and
expenses of the preparation and recording of the Association's
libn, including iealonable atcorney's fees, or $150.00, whichever
is greater. In any such foreclosure, the Ovner shall be required
to fay the cosEs and expenses of such proceedings, in,lluding
realonable aEtorney's fees. During the period of foreclosure,
the O\,ner of che Building Envelope subjecc to such action shall
be required to pay a reasonable rental Eo the Association. The
Associacion sha1l be entiEled to purchase the Building Envelope
aE the foreclosure sale, and to acquire, hold, Iease, mortgage or
convev the same.
IO
(g) No Owner shall
oavmeni of his share of
th-e use or enj oynnent of
Building EnveloPe.
exempt himself from liabilicY for
the common expenses either by waiver ot
Ehe TracEs or bY abandonment of his
(h) If involving a first mortgage or first deed of trust'
sale or- transfer of any Building Envelope as the result of courL
foreclosure, foreclosure Lhrough che public Erustee, or any -oio"""Ai"n in lieu of foreclosire, including the transfer of a
deed in lleu of foreclosure, shall extinguish the lien of such
assessmenls as to payments ihereof for qeriods Prior to such sale
or Eransfer, but shall not relieve any former Owner ot persona-r
liability therefor. The mort.gagee of such Building Envelope who
acquires- title by way of foreclosure or Ehe taking ot a deed rn
lieu thereof, shall noE, however, be liable for any assessment
for oeriods prior to the daLe of its acquiring tiEle and shall
onlv'become iiable for assessments for periods from and after the
a"tl ic br"otu" the owner of such Bui lding Envelope' No sale,or
transfer shall relieve such Building Envelope from Iiabilily tor
"ty i"""""*"nts thereafter becoming due or irom the lien thereof'
In" che event of the sale or transf;r of a Building Envelope with
respect to which suns shall be unpaid by a defaulcing Owner'
exclpr Eransfers to a First Lienoi in connection with a
ioi"!to",rt. of its lien or a deed in lieu Lhereof, Lhe purchaser
or other transferee of an interest in such unit shall be j-oinrly
."4- "e""raf.f.y Liable with the seller ot transferor thereof for
any such unpaid sums.
(i) Upon written request of any Owner, mortgagee,
DrosDective morEgagee, purchaser or other prospectlve Eransreree
bf "'nr.rildittg lnielope,- the Association- shall issue a wriEEen
statement seiting foith the amount of the -unpaid comnon expensee'
if "rry, with resiect to such Building Envelope, the amount of the
c,:tt"ii monthly issessment, Ehe date on which such asgessment
became or shali become due and the amounL of any credit- for
orepaid expenses. Such statement' for which a reasonable tee may
6"-[[tit.a', is binding upon the Association in favor of any
p.t"""-itt"'tiv t.fy tf,er'eon in glod f aith' Unless a request for
!""t-"c"t"*ont. snait be complied with within 20 days after
receipt thereof, all unpaid- common expenses which became due
pii"i"i.-irt. a.ie oe *.kirrg s-uch requlst shall be subordinaLed to
ith. 1i.t or other interest of the person requesLing such
s taEement.
(i) Anv Dartv in favor of whom a lien on a Building
fnveloie has'bLen Lreated may but shal1 not be required !o p?y
."y-""i"i.1 common expense wiih respect to such Building Envelope'
,nb uob.t such pal'ment such palty shall have a lien on such
nJifa"i"g g"""tbp6 for rhe ai',ru.tt so paid oF the same rank as Ehe
lien theretofore existj-ng.
10. INSURANCE: (a) The Association shall, on behalf of
the Owners:
(i) provide and keep in force, for the protection ot
the Associition, its offiters and directors, and all the
Owners and First Lienors, general public liability and-
propercy damage insurance againsL claims for bodily injury
L. h"rclt or pioperty damage occurring gpon- or.]" !h9 Tracts,
in lirnits of'not Ieis than $1,000'000 for bodily injury or
deaEh Eo any number of persons arising out.of^one accident:
or disaster-, or for damige to property' and if higher limits
sha1l ac any time be customary to prorect agarnst PossaDre
iort liabifity, such higher limits shall be carried;
(ii) carry insurance in such amount as the Association
*.y .o.tii.lut nic.ssary or advisable againsr. such other
insurable hazards as may from time to time be cornrnonry
11
insured againsE in the case of similar property in sinilar
locaEions elsewhere.
(iii) carry directors and officers liabiliry insurance
in such amounts as the AssociaEion may consider necessary or
advisable.
(b) All insurance required Eo be carried under this
Paragraph shall be carried 'in favor of the Association, the
owneis ind aIl First Lienors, as cheir resPective interests-may
aDDear, Each insurance policy sh.alL provide thaE no cancellataon
;[!;;;i ntu-6. made by tire insurance tarrier wiLhout having. firsL
ei""r jO dlys' prior ;ritten notice thereof to the Association,
?[.-ij*"t" Lna lff First Lienors. Each insurance policy, shall
ri"o "otrt.i.t a "severability of interest" endorsement' which
pir"ia"J,-i" case of violacion of any provision thereof by the
i\ssociation or one or more (buE less than all) of the owners,
tnar cfre coverage of such policy shall be suspended.or
invalidated only as to Ehe intercst of che Association or the
Owner or Owners comnitting the violation and not as to the
intetest of any other Owner.
11. A?POINTMENT OI' ATTORNIiY- IN-FAC!: Each Owner by his
acceptance@e vesLing in him an
intelesc in a Building Envelope does irrevocably constilute- and
apooint the AssociatiSn with iull power of substitution as his
tiire and lawful attorney in his name, place and stead to manage,
concrol and deal wich his interest in rhe TracEs so as to permit
ihe Association to fulfill all ot its and Ehe Owners' duties,
obligatio.t" and rights hereuntier and, with fuLl power, f,ight and
auth;rization to eiecute, acknowledge and deliver any contract,
instrumenc of conveyance, proof of Loss-' release or other
ir,"itt t".rt affectin! such inEerest of the Owner, and to take any
oEher action, which-the Associat:on may consider necessary or
"J"is"Uf. to give effecc ro the provisions of this Declaration'
if i"qrr."t.d Io do so by the Association, each owner shall
"*".rtt" and deliver a written insLrumenE confirming such
aDDointmenr. The action of the Association in settling any-claim
r'i'ctr re"p"ct to the TracEs shall be final and binding on all.
O\,mers. No Owner shall have any rights against Lhe Association
or any of its officers or directors with respecE Lhereto except
in case of fraud or gross negligence.
12 . QUAI-III- OE- !'IOBK : Any -r-epairs , renovaEion or
re s torat ioi-6E-TEE-F?EETE or improvements thereon by the -Association as at Lorney- in- fac t for the Owners shall be done in
"r"tr t"..ot as to make the Road TracE or the.Open.Space Tract at
least as valuable after such work as its \^tas lmmedl"ate!y Derore
the occurrence requiring che vtork to be done'
13. PROPERTY FOR COMMON USLr The Association may acquire
and hold fffif all oroners real property' as
long as such real propercy is purchased aE a foreclosure sale,
."J"r""giui" ".ta iitc"i,gilie peisonal proPerty 9"9 T"y dispose of
che samE by sale of ot[erwisb, and ttre beneficial int'eresE in any
snch propeiuy shall be owned by the oi"ners in rhe same Proportion
as Eh;ir respecEive interesEs in the common 9xpels99.and shall
noc be EransilerabLe excePt wirh ir transfer of a Building-
i;;"I;p;.- A transfer of'a Building Envelope shall.transfer to
Ehe transferee ownership of the transferor's benetrcl-aI Interest
in such property wichout any reference. Ehereto' lach o$iner may
use such'prbpe.ty in accordance with the purPose for-ithich it is
intended,- without hindering or encroaching upon the.Iar^ttur rlghrs
of the oEher Owners. The transfer of title to a burrdlng
;;";i;p; under foreclosure shall enEitle the purcl'raser- to the
benefitial inEerest in such property associated r'tith the
foreclosed Building EnveloPe.
t2
14. EASEMENT. LEASE. LICENSE AND USE OF TRACTS. The
Association shall have the rig,ht Lo grant by easement, lease,
license or permit the use of, by less than all Owners or by
non-Owners and with or wifhout Cl.rarge as Lhe AssociaLion may deem
desirable, any portion of the lr;!cEs or improvements thereon or
any Building invelope owned by the Association. The, rights-
granted to the AssobiaLion in this Paragraph 14 shall only be
used in the DromoEion of the coLlective best interest of che
Owners
15 . REGISTMTION BY OWNER 0F I"IAILING ADDRESS : Each Owner
shall regi aEion' and
'exceDt for monthlv sEatenlenEs and other routine notices, all
notites or demands inEended to be served upon an Owner shall be
sent cerEified maiL, posEage prepaid, addressed in the name of
Ehe Owner ac such regisrer;d mailing address. All notices,
demands or oEher notices intended to be served upon the
Association shall be sent certified mail, Postage prepaid, Eo Ehe
address of the Association as designated in Ehe bylaws of the
Association.
16. EFFECT AND DURATION 0F DECLARATI0II r The conditions,
resfricfio eemencs and covenants
contained herein shall be for the benefit of and binding upon
each and every parE of Ehe Subdivision and eacir Ownet, his heirs,
personal represent.aLives, successors and assigns and shall
conEinue in ful1 force and effecc until January I in che year
2007 A.D., and Ehereafter for successive periods of 10 years
each, unless this Declaration during any such period is
Eerminaled, as provided hereinbelow, by recorded instrument directing termj-nation.
77 . AMENDMENTS I The conditions, restrictions ,
s t ipulation-fr--66l1lEtions , agreements and covenants conEained
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 1i) that the provisions of Paragraph 6 and
subparagraph 9(a) may be abandoned, terminated or amended only
upon such approval of all Ot'ners and all firsE Lienors; and (ii)
thar the provisions of Paragraph 3 and subparagraphs 4(a)'
4(i) (i), 4(i) (ii), 4(i) (iii) and 4(i) (iv) herein may be
abandoned, terminated or amended only upon obtaining the
additional approval of rhe Town cf Vail.
18. EFFECT OF PROVISIONS OF DECLAMTION: Each provision of
chis Decla@;omise, covenanE, undertaking Eo
cornply wiEh each provision of thi.s Declaracion and any necessary
exception or reservacion or grant of Litle, estate, right. or
inteiest Eo effecEuate any provision of this Declaration: (i)
shall be deemed incorporaced in each deed or other instrunent by
which any righE, titli: or interesE in any Building Envelope or_
Tract is' granted, devised or conveyed, whether or not seL forth
or referred to in such deed or other insErumenL; (ii) shall, by
virEue of accepcance of any right, title or _interest in any
Building Envel6pe or Tract by an Owner, be deemed accepted,
ratified, adoptbd and declared as a personal covenant of such
Owner and, as a personal covenant, shall be binding on such
Owner, his heirs, personal represenEatives ' successors and
assigns, and shail'be deemed L personal covenant Lo, with and for
the Senefit of rhe Association ind of each owner i and (iii) shall
be deemed a real covenanE by Declarant, for itself, its
successors and assigns and also an equitable servitude running,
in each case, as a burden wilh and upon the title to each and
every Building Envelope and Tract.
19. ENFORCEMENT: In addition to any other rights granted
herein, if-ant-f*on shall violate or threaten to violale any of
rhe orovisioni of this Declaration, it shall be lawful for the
Assotiation, the Commit.Lee or any Owner to institsute proceedings
l3
at 1aw or in equity to enforce the ptovisions of this
Declaration, to' reitrain che person violating or threatening Eo
violate them, and to recover damages, actual and punitive, and
cosEs tosether with reasonable atLorney's fees '[or such
violatiof,s r and in Ehe evenL of a violation or threatened
violation of Paragraph 3 or subparagraphs 4(a)' 4(i)!i)'- - -4(i)(ii), 4(i)(iifl br 4(i) (iv)- trerEin, it sharl be rawful for
the Town'of Vail to enforce such provisions as oEher$'j-se set
forth above.
20. GENEML: (a) If any of the provisions of this
Dec larai io;--;-any paragraph, senEenc e,' c lause, . phra se. or word,
or Ehe application thereof in any circumsEance be rnvaradaceo'
suctr inviiiaity shall not affect the validity of. the remainder of
this Declarari6n, and Ehe application of any such provision'
paragraph,- sentence, clause,- phrase or wo-rd in any other
iircirnstances shall not be affected thereby.
(b) Whenever used herein, unless the context shall
oLherwise provide, the singular number shaII include Ehe plural'
itr" pf."i.:.'the singular, "id ch. use of any gender shall include
all genders .
EXECUTED ef fecti ve as of the
-
day of
-'
1990.
B r-ad I ey R. Tjossem 0wner
BY:
Sus;n-I. Tlossem Otner
TO|{N OF VAIL, COLORADO
BY:
Ronaa I I lFi-lTipl ,-Torin Manager
BY:
ATTEST:
STATE OF COLOMDO
COUNTY OF EAGLE
, Town Clerk
fo regoi ng
of
The
thi s day
as owners.
ss.
instrument was acknowledged before me
, f990, by Bradley and Susan Tiossen'
l,.ljtness my hand and officia'l seal
My corffni ssj on expires:
ffi
75 roulh trontage road
Y8ll, colorado 81657
(30lr) 4792138
(3(x|) 479.2139
oftice ot communlty developmenl
March 6, 1990
Mr. Steven Sunmers
Brownstein, Hyatt, Farber and Madden
410 17th Street
Denver, Colorado 8O2O2
RE: Parcel A, Phase 6 the Valley
Dear Mr. Summers:
I arn writing this letter in response to your fax dated February 27, 1990. Upon receiving the fax, I called Susan, your secretary to tell her that I had concerns with your Letter. I believe you
need to do some additional researsh to deternine the status of the subdivision for this property. When I discussed this issue with you over the phone, my conment was that the property has
changed hands before and apparently there hrere never any problems
with the real estate transactions that I am aware of.
A brief surnmary of this situation is that on July 26, 1973 the
Eagle county Comnissioners approved a preliminary plan with a planned developrnent zoned designation. In March, 1980 the PUD plan and protective covenants were filed with the County. rn
1980, the West Vail Area was annexed to the Town of Vail .
Subsequently, the valley was deannexed from the Town of Vail and
reannexed in May of L987. Resolution No. 80-20 was approved by
Eagl-e county in March of 1980 which allowed the phases of the Valley to be sold separately. I suggest that you review this resolution to find out any additional requirements.
I have attached a sequence of events concerning, the valIey. Even
though the sumrnary wis written for Phase rff, the general
infofoation pertaining to the Valley should be relevant. I have
also encloseh a previ5us staff letter concerning the leve1 of
developurent allowed for Phase VI .
If you have any further guestions_ please feel free to contact me.
r hope this infornation is helpful to you.
Sincerely,I) I n I -t,/, I t )' I
Jtirltal KR Kristan Pritz
Acting Director
Corununity DeveloPrnent
KP/pp
cc: Larry Eskwith' Town Attorney
luwn u l|fll
75 south fronlage toad
vall, colorado 81657
(303) 476-7000 offlce of communltY develoPmenl
lia rch 29 , '1985
t4r. iii ke I rvine
i,loodward & Associates
12900 Preston Road
Suite 1000
3al las, Texas 75231
Dear Mr. lrvine'
I have encloseci for your informatjon copies of the zoning code, Design
n"u;"* Guidelines, a-nd Design Review Procedures and Instructions.
i;; ;;d;;ieO inr6.*tion f6r-a parcel of ground referred.to as Phase VI'
pi.r"i-n,-Lionsridge filing #?.'I am assurning you are referring to
b;.;; VI'of the "Vittey Deielopment"- As you may be a$,are' ihis parcei
;;;-;pp;";"I -ior forty- two dwel.l ing units ' Anv, re-design of this
aoproved devel opment
-"pl
an woul d reiu i re approval by .the Torvn . Prov i ded
;5;';;; ;;ili;';;i;t1ns zonine,^this approval would more than I ikelv
t"-fi*ii"a to the gesigi Review 3oard. However, I wou'ld encourage you
iJ iortuit me with any-inforrnation concern'ing this re-design so a
Cet""rinution can be irade as to whether or not this proiect would require
i'iiltionur review by the Pl anning and Environmental Conrnission'
p'lease <io not hesitate to call me with any questions you may have'
S incerelY,- /
Tom Braun
Town P'lanner
TB/ rme
Encl .
SEQUENCE OF
April 25, L9732
July 26, L9732
EVENTS CONCERNING THE VALLEY PHASE III
Conditional approval of the prelirninary plan by Eagle County which zoned The Va11ey Planned Developnent (PD)
County Conmissioners approve The VaIIey preliminary plan and PUD. This approvaL is good for three years. The approval includes L50 units on 6I.2 acres.
Eagle County Cornrnissionersr special neeting to confino Va}ley approval .
The VaLley preliminary plan and PUD approval of July 26, 1973 expires. Some of the units are under const,ruction. The 120 units that have not been buil-t will require a ne\^r submittal starting with a sketch plan
and preliminary plan review (letter fron Ms. Susan Vaughn, L977).
The vail Town Council sends a letter to the Eagle County Conmissioners in favor of extending the Valleyrs approval as J.ong as
development is carried out according to the prelirninary plan and recreation amenities are provided.
The Eagle County Comrnissioners grant an extension of the Valley prelirninary plan
approval . This approval would expire on June 1, L979. If the approval expires, it would be required that sketch plan and preliminary plan review inforrnation be submitted. Also, if any change is made to the present p1an, it wouLd have to be reviewed by the County Comrnissioners.
Eagle County Commissioners review a sketch plan and have several concerns.
A PUD plan and protective covenants docu-rnent is filed wittr the County which indi-cates that Phase fII is subject to the land use restrictions of 10 units and a total.
GRFA of 16,OOO sguare feet.
Resolution No. 80-20 allowed the phases of The Valley to be sold separately without any further cornpliance with the subdivision regulations.
JuIy 30,
July 26,
L9'73 |
L97 6.
May 20,L977 2
YIay 24,L978 r,
November
March 26,
13, 1,979:
1980:
March 27,1980:
April 16, 1980: The Eagle County planning Commission reviews a sketcb plan for Phase fff. The Planning Conunission suggests that the units
be tuclced into the hillside on the northeast side of the project and that the
developer use berming and landscaping to buffer the project. Staff recommends approval of the sketch plan.
April 16, 1980: To\rn of Vail staff sends 1etter to tbe
Eagle County Planning Cornmission which
recornnends more tighter, clustered layout of the buildings toward the hillside. Vait staff also recognizes the steep hillside
and sensitivity of the neadow area. Letter from Peter Patten and Dick Ryan.
April 30, 1980: The Eagle county Comrnissioners reviews the sketch plan that the Planning Cornmission
saw on April 16, 1-980. The sketch plan
shows 10 townhomes on Phase III .
May 5, 1-980: A resolution is passed by the County allowing three years for tbe developers to file prelininary plans from the March 26,
1980 PUD plan approval date.
December L980: Ordinance No. 43 annexes the West Vail- area including Phase IIf of The ValLey.
March l-7, 198L; The Torirn of Vail Council applies zoning to The VaLley which was recently annexed. The ordinance was No. 13, Series of 1981.
March L5, 1983: Resol.ution No. 6, series of 1983. the Town Council approves rezoning of The Valley.
Sept. 11, 1985: The Valley is de-annexed from the Town.
Sunmer 1-986 A developrnent proposal is subrnitted to Eagle County by Lanar Capital Corporation.fhe proposal begins with a sketch plan/prelirninary plan review.
Nov. 5, 1986 The Lamar Capital Corporation phase III proposal- is withdrawn from the County due to cornplications with the tirne lines for review and how they will relate to the property being re-annexed to the fown of Vail.
May 16.1986 A grading pennj-t 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 Eagle County.
The valley is re-annexed into the Toltn.
The Road is red-tagged by the Town of Vail
The Road j-s red-tagged by Eagle County.
Lamar Capital Corporation submits a major subdivision and special development district zoning request for Phase III.
May 6,
YIay 7,
May 11,
May 11 ,
May 1I,
May 11,
L987
L987 3
L987
L98'7,
L987 .
I9A7 z
o
BRowlrsrent Hvlrr FaneeR & MADD
o
EN
NORMAN EROWNSTEIN
SIEVEN W. FARAER
NARK E !EONARD
KENNEIH M. ROBINS
JOHN W. MAOOEN III
JAMES S. MANOEL
EDWARO N. BARAO
stepxer w nnEw *
DOUGLAS M.II5OALE
KENNEIH R, BENNINGTON
JOHN R. C^LL
*or courseL
SI€vEN M. sOr.lMEFS
THOMAS L.STFICXLAND
HARIAN S, ABRAHAI!S
ANN B, RIIEY
RONALO B. MERRIIL
lYNOA A. HcNEIVE
USA HOLSTE[t
LAURA JEAN CHRISTMAN
FONATO A. MILZER
SIEVEN C. OEMBY
ANOREW W, LOEWI
CHAFLEs 8. $/HrrE r
A PRO FESSIONAL CORPORATION
ATTORNEYS ,A.T LAW
TWENTY. SECOND FLOOR
4IO SEVENTEENTH STREET
D ENVER, COLORADO 80202-4464
ROA€RT w. N|CHOIS
xrnx r. nrctnnosott t*
L. LOUISE ROI,TERO.ATWOOO
SIANLEY L. GARNEIT
IqICHAEL R, McGINNIS
l.,l lCfl^EL J. 5T EFN ICR
WAYNE F. FORMAN
BRUCE A.JAHES
GAFY C. FlYt|N
OOUGLAS S. ANIONOFF
PEIER T. ECXSTROM
OONNA J. GILLIE
STEVEN J, COFFIN
TELEPH ON E (303) 534-6335
TELECOPTER (303) 623-t956
TELECO PrER (303) A93- 6607
February 27, 1990
WIILIAI' D. MUICAHY COLE fINEGAN
GARY M. REIFF MARGARET E. PORFIOO
LISA HOGAN TOOO ESTES I'ACXII{IOS8
**rovrtrEo rn ceuronxte ox!v
LOS ANG ELES, CALIFORNIA O FFICE
TELEPH ONE (2r3) 246-O870
VIA TELECOPY and MAIL
Krlsten Pritz
Comrnunity Development Director
Town oi Vail
75 S. Frontage Road Vail, CO 81657
Dear Kri sten:
By telephone and letter ilated February 22, 1990, I advj-sed
you that NCNB Texas National Bank is proposing to sell the piece of
real estate described as a part of Parcel A, Lionshead Ridge, Filing
No. 2. My concern is that this transaction violates the subclivislon
regulations of the Town of Vai1. Si-nce the Town of Vail is a home
rule city, the Eagle County subdivision regulations would not app1y.
Per our telephone discussions, you advised me that the
property has been conveyed several- times with its present lega1
description and that such conveyanees have been acceptable to the
Town and dj-d not breach the Town of Vail subilivision regulations.
Based upon your advice, my cllent will convey the property utilizing
its present legal description without filing a subilj-vision plat
therefor. Accordingly, if you have reconsldered your position with
respect to this issue or wish to conflrn it with another source,
please advise rne immediately. Otherwise, we will continue to pursue
the sale of the above-mentioned property,
Thank you for your prompt attention to this matter. Please
call if you have any questions or comments 1n this regard.
SMs/p3d
cc. Richard Moore
yours,
Steven M.
\
O\at@
P0. Box 7
\6i1, Colorado 81658
303/479-2000
303/479-2020
December 23, 1989
Ron Phi i l'ips
Town of Vai I
South Frontage Vail, Colorado
Dear Ron:
Road tfes
81657
I would like the Town of Vail portion of the old Valley at greenbelt or park.
I understand that thjs property
of uni ts.
I am unabl e to see at this location,
Town has recently
from go'ing into the
I understand that
purchases shortly.
seri ous considerati
Besr Regarcis,
VAIL ASSOCIATES REAL ESTATE, INC.
David L. Cole, CR5, CRB, CCIl.l
Associ ate Eroker
DLC/i ak
cc: Peter Patten
B ruce Ki ng
Brad Tjossem
to consider purchasing the west Vail site in Lions Ridge as
is now for sale and carries a lot
how ingress and egress can be handl ed safely
particu'l arly in the winter. As you know the
instal led a guard rail to keep downhil I cars
c reek .
you wi I I revi ew real estate transfer tax
l4y neighbors and I would appreciate your
on of this matter.
Yr[
^r30cl1$,
Inc, - Cr€alors and operalors ol vail and B€av€r Cre€k.
'ft
75 soulh lronlage road
Yall, colorado 81657
(303) 47!t-2138
(303) 47$'213S
JuLy 24, 1989
oftice of community development
Susan and Brad Tjossem P.O. Box 2975 Vail, colorado 8L657
Re: The ValLey, Elk Meadows Subdivision
Dear Susie and Brad,
Recently, you wrote a letter reguesting infornation on the planning
Process for approvals for five lots on the Elk Meadows Parcel . At this tirne, the project has Special Development District approvaLs which are described in the attached ordinance No. 32. This project was orig.inally developed under Eagte County at which tine Phase III (Elk
Meadows) was allowed L6,000 square feet of GRFA and a total of ten dwelling units for the entire developrnent. When the project was
annexed into the Town of Vail in 1980, the GRFA and number of units
were accepted by the Town. In L981, the Town applied Residential Cluster Zoning as the underlyj.ng zone district guide for the parcel .
The Valley was deannexed from the Town of Vail in 1985 and subseguenLly
reannexed in 1986. At this tirne, the Special Developrnent District approval obtained by Mike Lauterbach and Peter Kalkus is finalized.(Please see attached ordinance). However, the major subdivision was never filed with the county.
fn order to get a najor subdivision approval (more than 4 lots), you
must go to the Planning Conmission for a preliurinary plan approval and a final- plat approval . If you wish to change the zoning, this will reguire one Planning Cornmission.review and thro public hearings by the
Town Council. I have enclosed inforrnation on the najor subdivision process. rezoning, and Planning Commission schedules. Once you finish the Planning Cornrnission process, the project would go to Design Review Board. I have also attached those schedules.
o
Also, r rdould like to get the inforrnation on your revegetation plan for
ELk Meadows. Please do not do any work until this plan is subnitted to the staff and approved.
rf you have any further questions, please feel free to give rne a calr at 479-2138. Thank you for being patient while the staff researched your guestion.
KP:1r
cc: Peter Patten
z
er
Sincerely,
t/ | 0't
1itif10n fcrT Kristan Prit
Senior Plann
t-TBAN(
OFVAIL
TO:
FROM:
DATE:
FA)( NO:
# PAGES:
NOTE:
SW: Tjossem letter of credit
lf you do not receive all the pages, or have any prcblems rcceiving'
please call (970) 47666E6.
}4FR-aB-u/@]6 L522g,FIRSTBFNK (F UAIL
Leonard Sandoval
Adina Dean
March 3,2005
479.2166
2 {including cover sheetf
E?A 4E 33,j9 P.At
17 VA|L ROAD VAll- COLORADO 81G57 PHON€:97G476-5686
TELECOPIER COVER LETTER
FAX NO. (s70) 47e€309
ac44/
t
I €fBAltt(
MAR-A=-2A@6 LS"B
CF\NL
FI RSTBANK OF UAIL 9"A 4?9 3=q9 P.@2
r? varL *r^D val. ool€RADO atq57 sr'.tssd|6
DaIE: Soverber 30' t99O Atloutrlt: S9O , OOO . OO
f,nuuDEn.: 859-E159
EXPIn/iIIOI: Norv.Dber 3(l. l-991
tlutlYocl lr.E r-EFr'?i. o? GRaD?"t
?ra cf Vrll
P,O, Eo:r I-OO ?.t1. CO E1658
csEGle[oa:
l|88,n!
E'e 1€rcby qpcn our Irrevoccble Lectc! 6f CrcdLr lrr yorrr favef rrt5111bt!_ ?y_your ai-itr al.r;t ou tlrc Flr€tta,nh of vdll, 17 vail Eo€d. vrll-, color.do a1557' ge
rlgDc f,or eiBf/ slu not etcsed!.ng tlre total otr FilFfy IHOUSAHD fDD OOI/1OO
(g5o,ooo,oo) on ctre accoqst of Bradley E. lJorseo md Susan t|Jgsser.
Ereh Crrft su8c b6ar rJpoa lc$ SacG Gtre elause, 'Dzeurr Unacr LECeE of Crc61C lso.
t59-8160 dated Nsrre6-r 3O, 199O cf Flrat!8nk of V411, Vall' Cololaalo - ' rha
.lo,i; of esctr drsfc atrtoh tre negoclaced pursuaaE Eo GhlE clEdlt, Gog.lther vlttr
cftc aree of :ngachc|'grr, nrsE be endorccd on che lcvcrsc sldc of ilrc Lttet of
CfadLc- Eectr -drefc tuoc b6 accotlPsnt'ed by a scat€!,errt etecrrted tD7 the Tortr
tialaEGr start ng Ehc follosl'a€ i
'Br+dht t. TJosscl afld Sr|asa' tJoeeca lrcttc E! ec4rleced stre conect\rcELorr of Elr€
lrytovelenge tu Elk U3a@rts eubdlvtsLon
pulsuanc co dre ePProv€d plam,i
ThiE l2ttGr of credlt r€PLacc6 anrd ltbrds tlrote I'tccers cf Credlc l0o ' 1357 l'D GhF
aoio|'nc.3 of S15,5OO-OO rad S41,25O-OO-
re hereb5z EgE€le that d.rsfts Crarrr und,er EtrLE L€ccer of cr€dlt ana 1n coDPlllrrcc
wttlr rtrJ te-ur, ehr1l be prouIrtly honoced l,f preeanted io FlrcclanlB of Vail on
or befcre litoveober 90, 1991.
ly'
rlr R,- RIsGff
Btec,utl.vc vlce fre€ ''d€nt
TOTAL P. E2
t I
f,TBA]K
OF VAIL 17 VAIL ROAD VAIL, COLORADO 816t 9ZI'176-5686
Letter of Cledit 3 No. 859-8169
In the snount of: 9{9,5O0.0O
For thc Account of: Bradley I guaan fjouco
Exlriration Date: ltoveder 30, 2008
Decernber 5, 2 005
Town of Vail
PO Box 100
Vail, CO 81.658
Gentlemen:
FirstBank of Vail agrees to extend the
for an additional two years. Al,I terms
rernain the same, except the expiration
Noveriber 30, 2008. ALl drafts must be
30, 2008.
If you have any questions regarding this matter, please do not hesitate
to contact me at 9?0-479-3307.
Sincerely,
above mentioned Letter of Credit
of this Letter of Credit shall
date, which is hereby extended to
negotiated no later than Xovgubcr
A'[l'v a4-n--'z
Adina D Dean
senior Vice President
ADD/wrm
o
'',v-tOlen Pv^\lz-'Towr\ o€ Vqrf- P\onnerz
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A. GEOLOGIC HAZARD I,IITIGATION REPORT
I
February 23, L987
Mr. Michael Lauterbach
Lamar Companies/CR Development Inc.
P.O. Box 345I \raiI, CO 81658
Re: Geologic Hazard Mitigation EIk Meadows Subdivision Vail, CO
Dear Mike;
BANNEFI
As requested, I have reviewed the appropriate measures for the mitigation of the rockfall hazard at the subject site. The current location for the lots does not allow for the .mitigation
to be handled as easily as before, however, it appears that it
can be accomplished with a fehr considerations.
The stiuctures 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 withs.tanding a force of not less than 2000 pounds
applied over an area of approximately two square feet. The
face of the wall should be.protected, as before, with 6 inch
timbers for impact absorption and replacement. The design of these walls should be similar to those shown in my letter of
July 3, 1986.
A11 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 exbosures. It should be
understood that there exists the possibility that falling
rocks could impact Lion's Ridge Loop Road above and be
Iaunched into the air sufficiently to impact roof areas,although the probabilities of such an impact are significantly lower than those which will impact the walI.
Insofar as possible, it is recommended 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 hiIl 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 ASSOCIATES. INC.
CO,T"SULTING ENGINEERS & AIlClllTECTS
2777 CROSSROADS BOULEVARD
GRAND JUNcTfoN. cO 81506 . l303l 243-2242
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February 23, L987
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The method of handling storm water runoff should again be
essentially the same as previously mentioned in my letter of
September 18, 1986. Provisions will be necessary to aIlow for an
18" diameter culvert beneath the cuI-de-sac at the east endt
beneath the main 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 lt-9" above the low point of the primary drainage path
throughout the length of the project. It is not antj-cipated that
significant rip-rap will be necessary since the drainage path is
to remain largely undisturbed.
Should you have any question, please feel free to call.
Sincerely;' .
BANNER ASSOCIATES, INC.
DonaId G. Pettygrove, P.E.
Project Manager
cc: Nick Lampiris
file: 809551tr.223
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February, ?5, LSBT
Mi chael Lauterbach
Lemar- Compani eslCR Devel opment Inc.
F . O. Eor: f,451
Vailr CO. 81658
RE: Geologic Ha=ard Mitigation
El 1: Meadows Surbdi vi si on
Vai I , CO.
Dear l'li l:ei '
I have revier.red yourr most recent plans and also revi ewed the report by ourr structural engineer, Don Fettygrove, concer-ning the rockf al l. mitigation +or the EIk Meadorls Sr_rbdi vi si on.
lpreer that if the design criteria presented.by Don pltttygrove in his lettbr of February 2ir lgBTr are f ollor.red,
fidctrf al I hazard will be l:ept to a minirnum for this
level opment.
Si ncet-el y,
L<Al'lt'lER r1SSUCIATES, INC..-/ t-'a ' tit,4u7tn /,--,tl+t,,
Nicholas Lampir-is, FhD.
Fr-o-iect Geol ogi st
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BANNER ASSOCIATES, INC-
CQ\-.SI tt-l l\G E.r*(:ls-tlERS & AIICHIIECTS
2777 CROSSROADS BOULEVARD
GRAND JUNCTION. CO 8rs06. l303't 243-2242
G;lattlal rock{al} into this site r.rill be very in{reqcrent
Ever the years, but this type of rnitig.-etien is still prud€rnt.
The mitiqative design r.ri I1 not adversely af{ect any other-devel opment i n the ar-ea. If yor-t have' any f Lrrther questions,please, do not hesi tate' to contact us.
MNNER ASSOCIATES. INC.
COr-SULTING E\GINEERS
sulrE 6, 605 FjST MAIN
ASPEN, COLORADO 816ll .
& ARC TTECTS
(3O3) 925-s8s7
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June 12, L987
Page Tvto
Natural Sprinqs
The heights discussed
elevation at the uPhi11
along the slope . not at
E}ANNEFI
above are relative to the natural ground
extreme of the structure and projected
the edge of roadwaY.
During the geological hazard investigation, the site stas
thoro;ghly inipected with no signs of natural water springs
.pp""tirrg- o. Lne ground surface- Any marked increase in
"li'.l"li"n in isolated areas would indicate the likelihood of
nafural springs. None of these indicators were observed.
Ground Water
The Preliminary subsoil and Geologic Investigation prepared _ by
Chen and Associates, Inc. in May L972, indicated that no free
water was observed in any of the I0 test pits excavated. The
primary drainage channel is an intermittent water-course without
significant year round flow.
Geologic Hazards. Mitigation
with regard to the recommendations made in my letter of February
23, r9B7 for the mitigation of the geologic rockfall hazard' I
offer the following clarifications.
My recommendation for a six foot vertical height of wall exposure
on the north side is a minimum and refers to the reinforced
concrete wall with timber impact absorption. If walls on the
"oitn (uphill) side are to be taller than the minimum 6 feet
height,' ih"n they should be capable of withstanding a 2000 pound
forler' although Lhe structure ibove the six foot level and below
the 10-12 foot level, recommended by Mr. Lampiris, need not be of
concrete or have the timber impact absorption. The difference
being the freguency of anticipated rock hj-ts and subsequent
darnaie. Below-tne 3ix-foot height, more frequent strikes can be
.*p"6t"d for which damage should be minimal. Above six-foot to
the l2-foot level, rock strikes can be anticipated but need be
protected against significant structural damage only'
If a roof area will be constructed with uphill exposure' !h1t portion below the 10-12 foot height and above the 6 foot height
should be designed to withstand the 2000 pound impact force as
well. Reference is made to the attached sketches for the areas
of consideration.
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June 12, 1987
Page Three
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BANNEFI
The terraced floors to which I made reference in my earlier correspondence was intended to allow 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 guestions please
Sincerely,
BANNER ASSOCIATES, INC.
\\ _\\\*$fu3\,*e."-.'.--
Donald G. Pettygrove, P.E.Colo. P.E. *I5543
DGP/rLg
Encl: 14 copies - Prelininary Drainage Plan & Geologic Hazard Mitigation
Kristan Pritz - Town of Vail
feel free to call.
fclat
E}ANNEFI
Jr-rrrcr 15i , l9ti-/
f'li ch.re I J. L-.errterrLrach
F, O. For: f,451
Vail, CO. 91654
RE: Elk I'ler,ador.rg Sr-rbdivi:;ion Rocl:{alI
Dear l'lr. Lautterbach:
I have revi ewed the reports prepared the weeli endinq June 1?'
L9A7 , by Don Pettygrove, our strlrctural engineer, concerning
the rocllf aI I mitigation {or the El l.; Meadows Subdivision. Ar;previously mentioned, poteritial roc[,:f al I into this sitL' Nj. Il.
be ve'ry i nf requrent over the years, burt this type o{
mitigation is sti. ll prudr:nt.
I{ the engineerecJ design criteria presented by Don Fettygr-ave:
irr his above ref ererrced r.eport is f ol lor.led, ttre r-ocl,:{al I ha:ard to occupants within strurctLrres to be located within
EI l': Meadows Subdivi:;ion r.ri 1l be minimi:ecJ. Further. i{ {:l-re
r-ecofiimencled engineeFirrg is atrct:flipl i shed dlrring the
congtrucLi. on of gtrlrctr-tres upon the pl-oposed bLti l cli nq
envel(]pt3s i tfrere shclLrld hre no increased ha:arcJ tci other
;iropelrtv or strutcturrers r clr to pr-rbl ic bnildings, r-oads,
street3, right-o{-way: easements, urtilities or {acilities;"If yott have any f urttrr:r rlltersti.clns, pletcas;er clcl ntrt h r.:r: i t.rts to cont;rct utg;.
Si ncear-el y,
E]ANNER A51]OCIATES, If.JD.
1. 1st !i.v ..tj|r\r,!.'|'
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Fro j ect
L;rrrpiris, Fhlt.
Gealr:gist-
}ANNER ASSOCIATES. INC,
:ONSULTING ENGINEERS & ARCHITECTS
;UNE 6, 605 EAST MAIN
fSPEN, COLORADO 81611 . (303) 925-5857
BANNER ASSOCIATES. INC.
CONSUL'I'ING ENGINEERS & ARCHTTECTS
2777 CROSSROADS BOULEVARD
GRAND JUNCTION, CO 81506 r Qa3) 243-2242
BANNER
JuLy 22, 1987
Mr. Ivlichael tauterbach
P.O. Box 345I Vail, CO 81658
Re: Elk Meadows Subdivision
BAr *8095-05
Dear l4ike,
I have enclosed a reproducable mylar of the drainage plan for your project with the change made from "Preliminary" to rFinalr,
as requested.
With regard to your question about the building configuration
above the l2-foot height, the structure above that level may be
vertical wall, pitched roof or other construction. It really
doesnlt matter what is above the l2-foot level from the aspect of
hazard mitigation. Windows are acceptable above that leveI as
wel-1.
It must be remembered that all of the hazard mitigation is based
on a reasonable l-evel of protection against the probability of an
event occurring. The probabilities are low so the level of protection can be commensurately low also. If the design were to protect absolutely against all possible events' it would be prohibitive to build at this site, as it would be in all of the
mountains.
Should you have any questions, please feel free to call.
Sincerely I
BANNER ASSOCIA
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Donald G. Pettygrove, P.E.
DGP/rLg
Enclosure
BANNER ASSOCIATES. INC.
CONSULTING ENGINEERS & ARCHITECTS
2777 CROSSROADS BOULEVARD
GRAND JUNCTfON, CO 81506 o (3O31 243-2242
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vail, colorado 81657
(303) 4792138
(303) 479-213s
June l-5, 1989
otlice ol community developmenl
Brad and Susan Tj ossem
l-50O Buffehr Road
Vail , Colorado aL657
Re: Regrading and reveg'etation of Elk Meadolrs
Dear Bird Legs and Susan,
On June L5, 1989, I net you both up at the Elk Meadows site. you
proposed a plan to revegetate the E1k Meadows property. In order to start the revegetation work, it is necessary that you first subrnit your proposal to the Town staff. I think it is great that you want to clean up the site, however, it is important that the Planning
Department reviews the revegetation plan before you start work. At this point, there are several piles of top soil and some of the lower portion of the road has been removed. Please do not do any furttrer work until we get this issue straightened out.
According to the Pre-subdivision Improvements Agreement dated January 25, 1988, the road is to be regraded and disturbed areas on the property revegetated. ff the work is not completed by Septenber 15,tlre Town has the option to draw a new letter of credit. The Town does not want to get into the position of having to do this work. we would certainly prefer that you use your oern resources to revegetate.Please keep the Septeurber L5 deadline in urind.
Please give me a call if you have any further questions about the review of the revegetation plan. f would pJ.an on allowing at least
one week for the review of the proposal. As far as whether or not we will require that the road also be revegetated, I will need to talk to the other planners about that part of the proposal . cood luck!
Sincerely,
l{tit^"!,,h Senior Planner
KP:1r
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MI NUTES
VAIL TOhJN COUNCIL MEETING
JUNE 16, 1987
7:30 P.M.
A regular meet'ing of the Vajl Town
7:30 p.m. in the Counci l Chambers
MEMEERS PRESENTj
MEMBERS ABSENT:
TO}IN OFFICIALS PRESENT:
l/Jqf'-
Council was held on Tuesday, June 16, 1987, at
of the Vail Municipal Building.
5
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Paul Johnston, Mayor
Kent Rose, Mayor Pro Tem
Eric Affeldt
GaiI l,lahrl ich-Lowenthal
Gordon Pierce
John S'l evi n
Hermann Staufer
Ron Ph'i11ips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town C1 erk
The first order of business was a ten year employment anniversary award for Charlie
Turnbull, a Town of vail Heavy Equipment 0perator II. Ron Phi'l ljps introduced
Charlie and gave him a silver Town of Vail belt buckle. Pete Burnett and Stan
Berryman stated they were pleased and honored to have Charlie work for them and
commended him on his good attitude and sense of humor. Mayor Johnston sajd the
CounciI appreciated Charlie's conrmitment and his Ioyalty to the Town.
The second item was Ordinance No. 12, Series of 1987, second reading, adopting the
1987 Edition of the Uniform Electrjc Code by reference. The entire title of the
ordinance was read by Mayor Johnston. Peter Patten exp)ained they had received a letter from the State raising the fees very slightly that day. After a brief discussion, it was noted the increase in fees wou'ld be included in the ordinance on
second reading, and it would just be published jn full. Gail Wahrlich-Lowenthal
made a motion to approve the ordinance, and Kent Rose seconded. A vote was taken
and the motion passed unan'imously 5-0.
The third item for discussion was Ordinance No. 15" Series of 1987, second
annexing East Internountell to the Iplv1_gI_Jsi1. Mayor Johnston read the un.--El{fTskwith gave a brief explanat'ion of what the ordinance would
thanked Bobbi sa'lzman and everyone who worked hard to make this annexation
There was no discussion by Council or the public. A motion to approve the
was made by Gordon Pierce and seconded by Kent Rose_ A vote was taken and
motion passed unanimously 5-0.
The next item was Ordinance No. 16, Series of 1987, fjrst readjng, amending Special
Oevelopment 0istrict 5 (Vai'l Run Resortl by amend'i ng the site p'lan. The ful'l title
was read by Mayor Johnston. Rick Pylman explained what the amendment would do and
gave background informatjon on the area. He noted the impacts to Simba Run and
explained why the PEC approved the amendment unanimously. Gordon Pierce stated he
would have to abstain from voting since he did the architectural work on the plans.
Larry Eskwith then requested the Council to inciude two findjngs in the motion - 1)that the SDD zoning is in confornance with Town of Vail zoning, and 2) was for the general welfare of the citizens of Vail. Jay Peterson, representing Vail Run, asked that the item be tabled temporarily. Vail Run and Simba Run representatives were in
another room working out an agreement which should be concluded shortly. Kent Rose
then made a motion to temporarily table the ordinance, and Eric Affeldt seconded. A vote was taken and the motion passed unanimously 5-0.
The fifth jtem was Ordinance No. 18, Series of 1987, first reading, amending the parking on private property chapter of the Municipal Code. Mayor Johnston read the tjtle in full. Larry Eskwith briefly explained what the ordinance would do. Mike
Cacioppo asked questions to which Larry responded. Kent Rose made a motion to
approve th'i s ordjnance, and Gail l,lahr'l ich-Lowenthal seconded. A vote was taken and the motion passed unanimously 5-0.
The next item discussed was Ordinance No. 20, Series of 1987, first reading, making a supp)emental appropriation to the Town of Vail budget. The full titte was read by
Mayor Johnston. Steve Earwick explained what the supplemental appropriation was foi
readi ng,title in
do and
happen.
ord'i nance
the
and djscussed a few changes made since last week's Work Sessjon. Mike Cacioppo
asked questions, to which Steve and Council responded, and stated his concerns. Ken
llilson asked questions regarding how the Council made thejr choice for the Torn
Manager's residence and explained the problems he saw- Cynthia Steitz, Chris
Neuswanger, Mike Cac'ioppo and Diana Donovan commented on their concerns regarding
the house- Ray Story, who helped Town staff plan a schematic design, explained what
was planned. Cynthia Steitz again stated her concerns over the costs planned for
the Town Manager's house and over l,lest Vail street assessments; she felt the money
should be spent there. Gordon Pierce expla'i ned that street assessments were made
because the streets were inherited from the County, and East Vail residents did not
want to help pay to improve them. Charlie Wick gave a history of the Town Managers'
housing problems and why he felt it was an appropriate long term investment for the
Town. Gajl Wahrlich-Lowenthal made a motjon to approve the ordinance, with the
deletion of the Town Manager's residence improvements until an appraisal was
completed, and this motion was seconded by Eric Affeldt. A vote was taken and the
motion passed unanimously 5-0.
The next item was the return of Ordinance No. 16, Series of 1987, first reading,
amending Special Development District S (ltaitBla&ort) by amending the site plan.
The full title was read by Mayor Johnston. Kent Rose made a motion to take the
ordinance off the table, and Gordon Pierce seconded. A vote was made and the motion
passed unanimously 5-0. Jay Peterson, representing Vail Run, stated that they had
worked out their differences with Simba Run. He explained they had agreed to
certain items which should be included in the ordinance, which he would give to
Larry Eskwith. He read their list of items agreed upon:
1. Parking will be primarily for employees and long-term residents; no
commercial vans are to be parked there.
2. No snow is to be moved on to Simba Run property.
3. A buffer is to be agreed upon by both parties, w'ith the approval of the
Design Review Board.
4. The landscape plan wilI feature a minimum amount of ten foot spruce trees,
adequate to locate one tree for every eight feet around the parking lot.
5. A fjve foot berm will be placed around the parking lot.
6. There is to be no lighting around the parking lot unless required by the
Town of Vai I .
7. The lightjng on the ramp is to be no higher than four feet.
Chris Neuswahger stated his prob'lems with the proposed ordinance. Nicho'l as
Giancamilli, representing Simba Run, stated that what Jay presented was pretty much
what they wanted to accomplish. Eric Affeldt made a motjon to approve the ordinance
with the additional language read by Jay Peterson, and GaiI Wahrljch-Lowenthal
seconded. Peter Patten then stated his concerns that the ORB may have problems with
the eight foot spacing between the trees around the area and also no lighting around
the parkjng lot. Jay explained he only used the number of trees as the minimum to
be purchased, and that there would be no lighting around the parking lot "unless
required by the Town". Larry Eskwith requested that Eri c include the findings that
the SDD zoning is in conformance with Town of Vail zoning and js in the general
welfare of the citizens of Vajl. Eric Affeldt included these findings in his
motjon. A vote was taken and the motion passed 4-0, with Gordon Pierce abstaining.
The eighth item was Ordinance No. 19, Series of 1987 ,fTrst readingillestabl ishing a
Special Development District for The Valley Phqse III (Elk {ea!9y;,1/ Mayor Johnston
read the title in full. Kristan Pritz showed the Council current drawings and gave
detailed background information on the area. She also detailed items included in
the ordinance. She noted staff recomnended approval with five condit'i ons:
1. The development of each bu'i lding envelope will comply with the
environmental impact report, especial 1y the design recommendations cited
by Mr- Dan Pettigrove in a letter concerning design mitigat'ions for rock fal'l hazards. Each individual owner will be responsib'le for completing
the rockfall mitigation measure per the Pettigrove letter. Studies will
meet the standards outlined in Section 18.69.052 of the Town of Vail
zoning code. An owner may choose to have another qualified
engi neer,/geologist design appropriate rockfa'l 1 mitigation measures, as
long as the mitigation solution does not have negative visua'l impacts and
-2-
is approved by the Town of Vail Corrnunity Development Department and Town
Eng i neer .
2. The proposed preliminary landscape plan and design review guidel'ines rill
be reviewed by the Design Review Board for their approval before final plat submittal .
3. The applicant agrees to revegetate the access road if the general
subdivision improvements are not completed by September 1, 1989. General
subdivision improvements are defined in Section L7.16.150 of the Totrr of
VaiI Subdivision Regulations.
4. The declaration of protective covenants for the Elk Meadow Subdivision
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 fu11 paragraph would read: "Guideljnes for the developnent
of the building envelopes and tracts shal 1 be adopted by the Committee,
which shal I, among other things, interpret and/or imp'lement the provisions
of these protective covenants. Gujdelines may be amended from time to
time with the majori ty vote of approval from the Committee and approval of
the Town of Vail Design Review Board. The guide1 ines will be available
from the chair of the Design Committee and Town of Vajl Conmunity
Development Department. "
5. The following engineering information will be submitted to staff by June
15, 1.987:
a. The rev'i sed master drainage plan-
b. The preliminary plan will be nevised to show the new turn-around
dimension on the west end of the property.
c. The road plan will have an engineer's 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 from Nick Lampiri s will be submitted to address the rockfail
design requirements. A graphic is suggested.
e. Gas'l ine and fire hydrants will be indicated on the utility plan in
the appropriate areas.
Kent Rose stated he wanted it made clear to the public that mitigation was
reconmended for the structure on1y. Peter Patten commented that rockfall
mitigation would be decided upon by the engineer and explained why the burden would
be put on the oh,ners to do the mitigation. Peter Jamar explained how the rockfall
mitigation was deveioped and how it was similar to other areas. Kristan stated the
PEC djd approve both requests, with J.J. Coilins being the on'ly one to vote against.
After some discussion by Council, Kent Rose made a motion to approve this ordinance
with the inclusion of a requirement that a letter from Njck Lampiri s outlining his
opinion of whether or not mitigation is necessary for the open space area of the
subdjvjsion be subm'i tted before a second read'i ng of the ordinance, and Gail
l,lahrlich-Lowentha'l seconded. A vote was taken and the motion passed unanimously 5-0. At this time, a typographical error was noted on Section 4, Item 12. There
should be a dollar mark ($) before the .30. Kristan then explained the Counci'l
needed to make a motion to approve/disapprove the request for a major subdivision in
compl iance with major subdivision requirements. Gail Wahrlich-Lowenthal made the
motion to approve the subdivision, which Gordon Pjerce seconded. A vote was taken
and the motion passed unanimously 5-0.
The ninth item for discussion was the Town of Vail Audjtors' 1986 financial report.
Charlie t{ick introduced Jerry McMahan and Steve Thompson, head auditor, of McMahan,
Armstrong and Kenney. Jerry explained the Town was in compliance with requirements
and in very good condition at the end of 1986. He gave highlights of the audit
document and an overvjew of the Town's financial position. Charlje lrlick made
comments on investments made during last year, then Jerry McMahan answered quest'ions
of Counci I .
solution No. 20, Series of 1987, extending the SDD 14 approval
Tom Braun explajned what the resolution was for and gave
tion on the SDD. He then explained why the staff recommended
-,-'.-'.--..-.''.._----.\
-Tti5 next jtem was -'(Doubletree Hotel
-3-
denial . Ton stated the Planning Commission had recommended approval of the
extension for one year only with the following recommendations to Council:
1. The Town Council look at the parking requirements; it seems they may be
overly restrictive.
2. The Appl i cant i n i ti ate tal ks wi th the Vai 'l Val 'l ey Medi cal Center 'l i ke l ast
year regarding shared parking.
Peter Jamar, representing Vail Hold'i ngs, urged the Councjl to hire a thjrd party to
study lodges, hotels, etc. parking needs; he did not feel it would be near as much
as what was required. He commented the Applicant would agree to a twelve month
period, and the landscape plan is underway and should be done by September 1, 1987.
After some discussion by Council, Mayor Johnston made a motjon to approve the
ordinance, conditional on the landscape plan being completed. Kent Rose seconded
the motion. A vote was taken and the motion passed unanimously 5-0.
The next item of business was an a PEO dec'ision on a request
Bu j],"di ng No. 2. Eri c Affel dt
fng new ground by enclosing
variance to enclose ten decks.this item because he noticed/t
for a density
called up
the decks.
Kristan Pritz reviewed the'reasoirs the PEC approved the enclosures:
1. There was a minimal amount of increased GRFA.
2. Substantial landscaping will be done in excess of that required wjth the
fact that this was a major emphasis of the proposal and did not inc'l ude
maintenance and upgrading which would normally be required.
3. Ealconies remain for each unit and are usable.
Peter Patten gave additjonal background 'information on the item. Staff recommended
approval of the exterior alteration, but denia'l of the density vari ance. Diana
Donovan commented on why and how the PEC made its decision. Tom Briner commented on
why he felt the variance should be granted. Gordon Pjerce made a motion to uphold
the PEC decision to approve the request, and Kent Rose seconded. A vote was taken
and the motion passed 4-1, with Eric Affeldt opposjng.
Under Citizen Participation,,Diana Donovan remarked she was upset that the four-way
was cold and uninviting now with the new street lights. Stan Berryman explained the
design approvals by the State, and that we actuaily were able to get ten foot
shorter posts and non-standard ?ights approved.
Ron Phillips
There being
stated there would be no Town Manager's report.
no further business, the meeting was adiourned at 10:50 p.m.
Respectful 1y submi tted,
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Mjnutes taken by Brenda Chesman
_eppearifr Treetops
-4-
o
RE: Transfer from LAM{R CAPITAL CORPORATION, A N-EW JERSEY CORPORATION _ _
Eo SUSAN L. TJOSSEM i
Legal:A tract of land lying in Parcel A, Lion's Ridqe Subdivision,
Filing No. 2
Secclon 1445 of che.Incernal Revenue Code provltles llraE a transferee of a U.S.
real properLy lrlEerest rnust wiLhhold fax lf thc transfe ror is a foreign person. To
inform thc Eransferee tlrat witlrholdlng of rax ls uot required upon t.he disposlclon
of a U. S. real properEy .ilrreresr by LAMAR CAPITAL CORPORATION
( rraure ..r f LransIe ror),.
Lhe undersigned hereby cerlifies ttrc following on bclralf of
LAMAR CAPITAL CORPORATION
t.LA-I.,IAR CAPITAL CORPORA?ION
( name
is
of E rans fe ro r)
not a foreign
corporaElon, forelgn parfnership, forelgn trust.
deflned in che Incernal Revenue Code :-rnd lnconre
2. LA}IAR CAPITAL CORPORATION ts U, S. enployer idenclfication number is 22-r972486 ; and
3.LAIVIAR CAPITAL CORPORATION ts office address is 361 soUTIl STREET: MgRRILrowN. NJ 07960 _- __* -
LA.IIIAR CAPITAL CORPORATION understands that
or foreign estaEe (as lhose Eerms are
Tax ltegulations);
(naure o[ crans feror)
thls certlflcatlon uray be dlsclosed to tlre
thaE any false stacenenc corrEairred herein
both,
Under penallies of perJury I declare
Lo thc besc of my knowledge and bellef 1r
declare thaE I liave authorlry Eo slgn this
Interanl Revenue Servlce by transferee and
could be punislred by flne, impri.sonmen[, or
thaE I have exaruined chis cerclflcaEion and
ls lrue, correcc and complet.e, and I furrher
docunenE on behalf of
!. ra ns fe ror)
Ti c l-e
STATII OF
COUNTY O!'
The foregolng insErumenc r/as , LI_EX*, bv
me Ehis //{i day
OF LAIqAR CAPITAL CORPORATION, A NEW .]EY CORPORATION
't\)l".i:.:.f :",1':
l^lltness my hand and official eal.
l{y conuulssion expi res:(t)(
I /r1. 7.
NOTE: The transferec nust retain ctris ccrclflcatlon untll tlre end of the f1f rlr
tax,able year following clre t.axable year in which the transfer t.akes plaoe. Ttre
Itrternal Rcvcnue Servlce nray rcquire tlris ccrcificale Eo be filed vith it. Thls ccr!lficaLc is furnished for tlre inforuraEloI| of Llre Cratlsfcrcc; Llle Eransfcree
sir.rrrid scek Legtil ar.ivice ar:j Lo Lire efiect lf saurc.
Add res s
r- I- 85
BUYER(S) SETTLEMENT STATEMENT
Prepared by
STEI"IART TITLE OF EACLE COUNTY' INC. 'P.O. BOX 1248
VAIL, COLoRADO 81658 (303) 949-1011
FAX * 949-77L3
SeIIer(s): LAMAR CAPITAL CORPORATIS!
Buyer(s): SUSAN L. TJOSSEM
Lender: .......Property: A PART OF PARCEL A
LION'S RIOGE SUBDIUISIOt-l
FILING NO. 2
Closing dater . O2/83/BA Proration datet O2/O5/88
Guaranty file 3?99
SALES PRICE
PLUS CHARGES:
RECORDING FEE$ DEED '3 6.OO
STATE TAX./STAHPS DEED 9 4.OO
TAX CERTIFICATES
TRANSFER TAX,/TOU . .1S. . .
CLOSING FEE .
TOTAL CHARGES
SALES PRICE PLUS TOTAL CHARGES
5.00
4 .00
5. 00
400 .00
25.00
40,008.00
440 .00
40 ,440 .00
LESS CREDITSr
DEPOSIT OR EARNEST t"lONEy 2,500.00
couFrrY TAXES 01-01"-88 TO 0a-05-88 ..9.$.2,'98?.3$lyear
"A3.77 T0TAL CREDITS ?,783.77
BALANCE DUE FRIIM BUYER , 37,636.?9
Hy signature hereon acknowledges €pFrovaI of ttsx prorationg. Any
DEFICIT in delinquent taxes nrill be reimburEed to Title Company by the
Eeller. BnIy thF items specifically spt cut above have been addressed as part of this closing. AII other mEtters, irrcluding but not Iimited
to, water, Ber.Jer r tap fees and 6peci€I tsssesgmen tE are not a part of
this settLement and shall be hendled between Buyer and Seller. The
undersigned further acknorrledges that the absve information wag agsembled
from sourees other th€n this company and therefore, thi6 company cannot
guaran tee the accuracy thereof. Inter€st on existing Iiens is figured
to the date indieated and additional intere6t may have to be collected,
if necessary, to secure the Release from the lienholder.
HE APPROVE THE FOREGOING SETTLEMENT STATEMENT, IN ITS ENTIRETY,
AUTHI]RIZE PAYMENTS IN ACCORDANCE THEREHITH AND ACKNOI"ILEDEE RECEIPT OF A CC'FY HER,EOF.
BUyER SrrAr2,.tl \^- rJHISAe-rl.\
SUSAN L. TJOSSEM W
BUYER
STEI^IART TITLE OF EAGLE COUNTY
by CINDY HUGHES
Escrcw Officer
-,ljll,.o*''""
Poricv ' (6 r 87)
POLICY OF TITLE INSURANCE ISSUED BY
STE\ry'AITT TITLT
GUAIIANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as of Date o{ Policy shown in Schedule A, against loss or damage, not
exceedinq the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarkerabillty ot the title;
4. Lack of a right of access to and {rom the land.
The Company will also pay the costs, attorneys'lees and expenses incurred in defense of the title, as insured, but only
to the extent provided in the Conditions and Stipulations.
lN WITNESS WHEREOF, Srewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the Date o{ Policy shown in Schedule A.
.2 Va4"'7q*,-'a s.r'frfi/As'j.;l^.,_'ll" " gwv( rrh
Chairman of the Boarrl
Countersigned:
Pr esrden t
Company
,S'ffir%-Er \a#s--
txclustoils f toM covElAGE City, State
The following mo ers ore expressly excluded lrom the coveroge of lhis policy ond the Compony will nol poy loss or domoge, cotts, otlorneys'{ees or
expenses which orise by reoson o{:
l. (o) Any low, ordinonce or governmenlol regulolion (including but not limited lo building ond:oning lows, ordinonces, or regulolions) resldcting,
reguloting, prohibiting or reloting to (i) the occuponcy, use, or enioymenl ol the lond; (ii) lhe chorocter, dimensions or locotion ol ony improvemenl now or
hereolter erected on the lond; (iii)o seporolion in ownership or o chonge in lhe dimensions or oreo ol the lond or ony porcel ol which lhe lond is or wos o
port; or (iv) environmentql proleclion, or lhe ellecl o[ ony viololion of these [ows, ordinonces or governmenlol regulolions, excePl fo lhe exienf thdl a
notice ol the enforcenent lliereof or o nolice of o de{ect, lien or encumbronce resuhing frorn o violotion or olleged violotion offecting the lond hos been
recorded in the public records ol Dole ol Policy.
(b) Any governmenlol police power not exduded by (o) obove, excepl lo the exlenl lhot o nolice ol lhe exercise lhereol or o nolite of o defect, lien
or encumbronce resulting lrom o violotion or olleged violotion oflecling the lond hos been recorded in lhe public record$ ot Dote of Policy.
2. Rightr of eminenf domqin unless nolke of the exercire thereol hos been recorded in the public records ot Dofe ol Policy, but not excluding from
coveroge ony toking which hos occured prior fo Dote of Policy which would be binding on lhe rights of o purchoser for volue withoul knowledge
3. De{ects, liens, entumbronces, odverse cloims or ofher motlerc:
(o) creoled, suffered, ossumed or ogreed lo by the insured tloimont;
(b) nol known to the Compony, nol recorded in the public retords ol Dote of Policy, but lnown fo fie insured cloimonf ond not disclosed in writing lo
the Compony by the insured cloimonl prior to lhe dole the insured clqimonl become qn insured under this policy;
(c) resulting in no loss or domoge to lhe insured cloimont;
{d) ottoching or creoled subsequent to Dole of Policy; or
(e) resulting in loss or domoge which would nol hove been susloined if the insured cloimqnl hod poid volue for lhe eslole or interert insurcd by this
policy.
lllfti^::0.e941.221335
AI,TA OWNER'S POLICY
sc/kb SCHEDULE A
Order No.: Policy No.:3299-VC5 0-9941-221335
Dateof Policy:gruprrrary 12, 19gB At 10:49 A.1r,1 .Amountof Insurance:S +O,OOO.O0
1. Name of Insured:
SUSAN L. TJOSSEM
2. The estate or interest in the land which is covered by this policy is;
FEE SIMPTE
3. Title to the estate or interest in the land is vested in:
SUSAN L, TJOSSEM
4. The land referred to in this policy is described as follows:
A bract of land lyingr in Parcel A. Lion's Ridge Subdivision'
Filing No. 2, a subdivision recorded in bhe office of bhe
Eagle County. Colorado, Clerk and Recorder. said tract being
nore particularly described as follows:
Beginning at a point on the Southerly right-of-way line
of Lion's Ridge Loop, as said righb-of-way is shown on
btre recorded plab of Lion's Ridge Subdivision' Filing
No. 2, whence Lhe Norbh 1/4 corner of Secbion L2, Township
5 South, Range 81 West of the 6th Principal Meridian bears
N 60055'39" E L259.53 feet. ttrence the fo]lowing three courses
along said Southerly righb-of-way line (1)S 49o45'56" W. 50.77
feeL; |Z)ZLO.51 feet along the arc of a curve to hhe right havingt
a radius of 1128.71 feet, an interior angle on 1?oL2'32", and a
ctrord which bears s 55052',12" W 240'06 FEEir; (3)S 61058',28" W
456.74 feet, Ltrence deparbing said right-of-way line S 11o59'06.'
E 65.01 feet. thence N. 72026'42" 8 35.0O feeb, thence N 76047'59"
E 382.54 feeb, thence S 44059'18,' E. 80.0 feet to a point on bhe
SorrLherly boundary of said Parcel A, thence the following:
two courses along said Southerly boundary: (1) N 68019'00" E
3?0.0O feet; (2) N 50o05'00" E 100.00 feet, btrence departing said
Southerl-y boundary N 27oO2'59" W 208.?6 feet; bhence S 52057'0L"
W 121.50 feet, thence N 0305?'59" W 9I.61 feet to the point of
beginning.
See Continuation Page
-e-A#ktoU -
AUfHOR IZED COUNTERS IGNATURE
FITE.WAI.IT TTTI,I.)
GUAN,ANTI COTPANY
CODE 0Ol2lRev 5t84 Paqe 2
ORDER NO.:3299-VC5 O
Attached to and made a pan of Ste$,art Title Guaranty Company Folicy pp-9941-??1335
Continuation of Schedul& N0. 4
COUNTV OF EAGLE
STATE OF COLORADO
Pag€
-203-A-T
(5oM 11-86)
STE.W'AR.T TITLE
CUANANTT COXPANY
\
ALTA OWNER'S POLICY
r ORDER NO.:32ee-e
SCHEDULE B
PolicY No': o-9941-221335
This policy does not insure against loss or damage (and the company will not pay costs, attorneys'
fees or expensesf which arise by reason of :
1. Rights or claims of parties in possession not shown by the public records.
2. Easemenls, or claims of easements, not shown by the public records.
3. Oiscrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correcl survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien. for services, labor or material heretofore or hereafter furnished,
imposed by law and nol shown by the public records.5. Any and all unpaid taxes and asaessments and any ur"lr-edeemed
bax sales.
5. The effect of inclusions in any general or specific water
conservancy. fire protection, soil con6ervation or other disbrict or incluslon in any qraLer service or street
inprovement area.
7. Right of Proprietor of a vein or lode bo extracb and remove his ore bherefrom should the same be found to penetrate or intersect the premises as reserved in United States Fatent
recorded in Book 48 at Page 54?.
8. Righb of way for dit,ches or canals constructed by the authority of the United SLates, as resesved in United Stat.es Pabent
recorded in Book 48 at Page 54?.
9. Resbrictive covenants, which do not contain a forfeiture or reverter clause, as contained in Instrunent recorded Sepbember
20 | L972, in Book 225 aE Fage 443 and amended in fnsbrrrment
recorded Septernber 29 | L972 in book 225 aE Paqe 565 and anended
in fnstrument recorded Janr-rary 22, L974 in Book 233 ah Page 53.
10. Utility easemenbs as reserved on the Plat of Lion's Ridge Subdivision, Filing No. 2.
1I. Terrns and conditions as contained in Agrreenent between Tayvel
Environmental Land Company and Mounbain Stabes Telephone and
Telegraph Conpany recorded September 27, 1973 in Book 231 at
Fage 291,
12. Terrns and conditions contained in Resolution of bhe Eoard of
County Cornmissioners of Eagle County recorded March 27, 1980 in
Book 300 at Page 757 and May 5, 1980 in Book 302 at Page 508.
13. Terms, provisions and conditions conbained in Planned Unit
Development Plat and Declaration of Frobective Covenants
recorded llarch 27, 1980 in Book 300 at Page 758 and re-recorded
April lO, 1980 in Book 301 at Page 415.
See Continuation Page
| 613lRev 6 871
Ti T F: \,I'A I'T 1'IT I,I.;
OUARANTI (j()IIPA N Y Page 3
pRDER NO.:3?99-VCs O
o-9941-221335
Allached to and made a parl of Storrart Title Guaranty Company Policy No.
Continuation ot SctreCutB
14. Easement as gTranted bo Wm. James Cunningtram and Va11ey
Associater, itd., a Colorad.o limibed partnership in InsErument
t'ecord.ed August L6, L}BZ in Book 344 at pagre 309'
15. Easemenf as granted to Vail Va11ey ConsolidaEed Water Disbrict
in Instru*".,f re.ord.ed September 13, 1982 in Book 345 at Page
785 and 786.
Page
-203-A-T
(50M l1-86)
STE\^rAR.TTTTLE
GUARANTI COIIPANY
I
.|'..--
ESCRSH INSTRUCTIBhIS
The undersigned deposit with Stewart Title of E"gf: tlounty, Inc., as Lserow Agent, the items set forth beloar, tc E,e held subjec.t to the termE End eondi tiorrs set forth herein.
Deposi tedr
$ I ,000.00
Instructions:
1. rf on or before .rury 15, r9gg, Escrow Agent receives written instruction from-both the undersigned that the trees have been planted per the Town. of VaiI ,s ,.{oir.rn rras. Escroh, Agent shal1 disburse said deposit to Micbaet iauterUactr.
2. If on July 16, 1ggg, Escror., Agent is not in receipt of r.rritten instruction pursuant to parag;aph l. above, Escrow Agent shall disburse said deposit to the To"" oi v"if for the planting of reguired trees.
FiLe No
Date:
3582-v
January 25, 1988
SteurErt Titte shalt be liable only fof its wiIIfuIt acts and mi sconduct i n resf e"t - t" thi s agrFerrrerr t Eod shalr not be car.led ;;";-;;-;;";;.re sny ccntrtsct depoeited h,ith it, and ehall a"-i*quired to act in r€Epect to the deposi t herein-maOe, onJ.y upon the jojnt
:;:"::.:=:l-..:'; :,.r.,*, r,u,r*to rrl*-,.* required, or upon
eu,'r i "i *., | . -r..,1!1::;i
!i:.li_?l.li. .ff-, i:l;:iol, i,re=pon:i bl e r.or rf,e--suf i i .i;;;;;; eorrEctness, or vclidi ry of eny ol- .tfre inr,runrlirs deposi ted hereunder nor sharl i r be r11ure ;;;';;;,-i;:1 urfrich rrrey occur hy reasGn of forger j es sr rn i sr ep r *s*n t € t i c, n E .
^Trteee ,.,. 1".,niodi f i ed or reqroka.d the FErtiee hereto,
upon payr0err t of all thereto
nay be ,iL terad, -,.|d*a trriting onIy, signed by
apprc,ved t'y the Escrow
bt,
anE
,aLl of
Agent
nci den t fees, co9tE, end expenses i
No eEsj grttftErtt,, transt-er, or conveysnce oi any right, ti tle or intereEt irr and to thP subjecr rnar rer
,: i thi s e-,crsw sfr€Il be bi ndi ng upon thp EEcrr-ru Agen t unleEs wri tterr nc,tice thereor- shall be serued upon thF E:.erc,w Agent Errd aLl fees, c,lstE snd expenses irrcident ro sueh tranefer af intEreEt shsll have been paid,
Any noticE required or desired tcr be given by Escrow Agerr t to any other party to thie escrow niay be gi uen by mai J. i rrg the ssnre to :.uch par ty at the adoress rrct€d EeLor..r, and notice so rnEiled shalt for all purFoEes tre as ef r'ectual ae thcugh serviced upon such parr? rn perEon at rhe tirne of depositing such notice in the nraiI.
The Eserc,u Agent shal.l for any act it n,ay do or onri €'3ant, u,rhi Ie scting in goad ItB c'brn E'eit judgEnrEnt, and it pursuant to thtl a,Jv i ee of conelusi v e eeidenee of such
not be personally liable t to dD hereinurrder ag such fiith and in exerei se of any €ct done or orni t ted by its own Bttorney shalt be good fai th,
I f any any t irtte E di epu te Ehould ex i et as tc, the
du ty c,f the Egu-r or,.r *ge-rr t under the tErr,-rs hereof , the EEcrow Agent rnay d*paei t any morries depa=i ted hereunder or Ec much thFreof ee thEn re&ming in ite hgrrds, with the rllerk urf the District cc,urt of rhe county oi Eegle,gt€ta of Colorado, End fir€ly irr tErF,IEl€d tFre Farties he,reto. Upan :c, depo=i ting euch moni*s ;,nd f iling i ts conipJ.aint irr intr--rFleader, the Escror.l Agu.n t .-hEII be relr-'aeed f rorrr ar.l t j gtii 1i ty under the ternrs hereof as tn the rnoni L:s so de,poai ted. The parties hereto, f or th*niEslveE, thei r hei r.s, EUcces*ors, and assi gns, do her*by gubnri r th*rns*Lues to the jurigdiction Jr iaro tlourt arrd do hereby appoirrt sEi,J tllerk oi the rlourr ag thrir Agent for eeruice or- aIl procegg irr eonnection ui tl-r the proeeedi ngs ffien t i urre,l irr thi E Fr ar agr €p h.
In csnsideration of the aecep tance of this escrot^r by rhe Es.crow Ag,_=n t , the urrdersi gn*d sgree to pay the Escr'-rror Agr'nt i ts eherge hereundei and to indernni iy and h*ld it hsrrrrlegs as ro any liahility incurred by it to snll otner pErEon c,T corporation by reason of i tg havirrg aeceF ted ths eEeror\, c,r i n eBnneet i orr herewi th r snd to TelrrburgF i t f or aIl its e>(pFnEes including, Entong o thet" thr,gE, Etttlrnay r'*es .3nd trou).t ccsE incurred in conrreet i on herewi th. Such i ndenrn i t i es slraLL i ncluoe '3t t':r'rra/ iess i ncurred. .by the Escrc,(^r figen t i n det endi ng .3 s.u i t Egninst i t by sny of rhe ptsrtiFs ht-:yetc, in r,lhich Ster'rart Ti tl* prEvsil-e; Er,d the h*crow Agerrr shElI h.Bve e f i r-*'t end prior lien upon arf dL-apoei t5 mtsde hereundsr ro :.eCUre the perf OrmBn,:F of *ai d egreerren t of indarnni ty ,:nd pts)rr,ent af i tE charge.E End e.),perrseE.
Tha prcvi si c,ne. of the:e i nstruct i c,ne sheLl be bi ndi ng upon the legal reprssen tat i vee, hei rs , .
=Uctre':scrrE, Errd aE.S j gns Of the FEr ti eS hereto.
In rri tneEs.aff iir*d rheir si
whereof the undersigned have hereunro lrritut^€E es of the d.ste above wri,tren.
)
Er.:i g
e,t a E
O. Box 3451
stcpher,ton d Sheehan
f4i ehaeL Lau terbach
o
FREDERICX S. OTTO
JAY K. PETERSO N
WILLIAM J. POST
Orro, Pnrnnsox & Posr
ATTORNEYS AT LAw'
POSt OFF rC E BOX 3tzl9
varl,, coroRADo at6s6- 3149
December 28, L987
VA IL NATIONAL BANK BUILDING
(303) 475-OO92
EAGLE VAIL PROFESSIONAL BUILDING
(303) 949-5380
DENVER OI R EC'T LINE
Kristan Pritz
Town of VaiI
75 S. Frontage Road
Vail, CO 81657
RE: EIk Meadows Subdivision
Dear Ms. Pritz:
Pursuant to our recent telephone conversations, enclosed is the
revised draft of the Pre-Subdivision fmprovements Agreernent for Elk
Meadows Subdivision.
After you and Mr. nsquith have reviewed the enclosure, please
contact ne with any comments you may have.
Very Truly Yours,6aW
William J. Post
WJP/cdb
Enclosure (s)
cc: Peter Kalkus
75 soulh fronlage road
vail. colorado 81657
(3O3) 476-7{Xr0 ottlce of communlty devslopmenl
November 5, 1987
Mr. Bill Post Otto, Peterson and post
P.O. Box 31-49 VaiI , Colorado 81659
Re: Elk Meadows Subdivision
Dear BiIl:
r- received yguT letter dated November 3rd. concerning the Erk Meado!'rs subdivision. rn your letter you state that at the auction you will be offering rots for sale. r fert that r should ivrile you a letter to make sure ttrat you are aware of the fact that therg are no lega1 rots at thi-s tine, as the subdivision has not been recoided wi-th Eagle cou;ty.
If y"l have any guestions about this important detail, please f,eel free to call ne.
KP:br
FREOERICK 5. OTTO
JAY K. PETERSO N
WILLIAM J. FOST
Orro, Pnrrnsox & Post
AT LA'W
POST OFFICE BOX 3I49
\r'AIL, COLOEADO al658- gt49
November 3, t987
VAIL NATIONAL BANK BUILDING
{3 03) 476-OO92
EAGLE VAIL PROFESSIONAL BU ILOI N G
{303) 9z}9-534O
OENVER DIRECT LIN E
(303) 623 - 5926
Kristan Pritz
Town of Vail
75 S. Frontage Road Vail, CO 81657
RE: EIk Meadows Subdivision
Dear Ms. Ptj-i-zz
This letter is written on behalf of my client, Lamar capital
Corporation (trl,amarrr), and is in response to your letter of October
22, 1987.
On or about December 5, 1,987 | Lamar is offering the Lots (the rrLotslr) in EIk Meadows Subdivision (the rrSubdivisionrr) for sale
through an Auction to take place in Denver, Colorado. Depending on
the results of such Auction, Lamar shall take one of the following
actions:
In the event Lamar contracts for sale of any of the Lots at the Auction and deterrnines to proceed to close such sa1es, L,amar shall
inunediately proceed to enter into a Subdivision
Improvements Agreement with the Town of Vail,deliver such assurances as may be required and proceed to record the final plat of the
Subdivision.In the event that Lamar does not contract for
sale of any of the Lots at teh Auction or determines not to r:roceed to close any
contracted sale, Lamar shall inunediately proceed
to perform under taht certain Pre-Subdivision
Improvements Agreernent dated August 24, 1987 |and approved by the Planning and Environmental
Commission on August 24, L987. Such compliance shall be accomplished by delivery of a bid for rrWork 2rtr as defined in such Agreement, signed by a contractor and delivery of a letter of
credit issued to the Town of Vail for the
account of Lamar to guarantee the completion of
Work 2.
f hope that this letter satisfies your concerns
Kristan Pritz
Novernber 3, L987
Page 2
I shall contact you
results.
after the Auction to inform you of the
wJPlcdb cc: Peter Kalkus
Michael Lauterbach
lnttn
75 south lronlage road
yall, colorsdo 81657
(303) {761000
October 22, L987
Mr. Peter Kalkus
Lamar Capital Corporation
355 South Street Morristown, Nelr Jersey O?gGo
Re: Elk Meadows Subdivision
olllce of communlty deYelopmenl
Dear Peter:
over the past sunrner, the Town of Vail communitsy Development Departnent has been working wittr your project representative,Mr. Michaer Lauterbach, on the Elk t"teadowl suuaii'ision, tn ine spring, Mike received a perroit from Eagle county arrowing for the construction of a portion of the access road into El.i lteadows. Under the Town of VaiI subdivision process, a developer wourd not begin construction on the subdivision road until the project had been given final approval . Due to the fact that_this property was in the countfand under their jurisdiction, Mike was able to begin conitruction on the road,onee the project r,ras back in the town's jurisdiction, it was necessary to complete the final approvaL of the subdivision before any general subdivision i-mprovernents could be made.
?he staff had a verbal. understanding with Mike that Lamar capital wourd provide a letter of ciedit to cover regrading and revegetating the disturbed areas of the project due io the-access road construction. rt was agreed that the retter of
:I.qi! would be_provided regardless 6f vhat your companyrs decision is on finarizing and recording the iubdivisionl The Planning and Environmentil comnission ilso inciudea trre reguirement for a pre-subdivision improvernent agreement in their motion for finar approval of tire Erk Mead6ws subdivision (8/24/87r - staff is concerned that adeguate funds be available to cover costs to return the land to itJ original condition if the project does not proceed.
Today, f was inforned by Mike that he is no }onger working on the project. For this reason, I am writlng this tetter to
encourage your corporation to provide the letter of credit to cover regrading and revegetatlon work in the area of the road.I hope that you will see fit to provide the l.etLer of credit as originally agreed upon with Mike. It would be a shame to leave the neadow in its present state if the proJect does not go
forward.
If you have any guestions about our concern, please feel free to contact me.
Sincerely,
i/ I nI {ricfnn Ynf^tIrJ t\r \ \ll I (Kristan Pritz
Town Planner
KP:br
sc: Peter Patten
Gary Murrain
Mike Lauterbach
7:30
8: 00
Larry Eskwith
Peter Patten
8: 15
Charlie l,/ick
Steve Barwick
Larry Eskwith
8:45
8: 50
VAIL TOI4IN COUNCIL
REGUTAR MEETING
TUESDAY, SEPTEMBER 15, 1987
7:30 o.m.
EXPANDED AGENIA
1. Western Development Corporation Presentation on the Congress
Hal'l
2.. Consent Agenda
A. Ordinance No. 29, Series of 1987, second reading,
concerning Planning and Environmental Commission term
of office.
Action Requesle4 pf lQqglci1: Approve/deny Ordinance
tro.29,leries of 1987, second reading.
Background Rationale: The Charter has been changed by
puEllz-toie-millTving Pl ann i ng Commission terms of
office from four years to two years. This ordinance
simply brings the Town code in compliance with the
Charter.
Staff Recommendatioq: Approve Ordinance No. 29, Series ffiojns.
Ordinance No. 32, Series of 1987, second reading,
amending the Elk Meadows SDO No. 16, 0rdinance No. 19,
Series of 1987.
Action Reqqette! p-t_!ggqqt-l-: Approve,/deny 0rdinance
No. 32, Series of 7987, on second reading.
Background Rationale: The proposal js to amend SDD 16
E1F Meadows by: 1) Decreasing the density from nine
units to seven units; 2) Changing the mix of units
from two duplex, five single family to seven single
family units; 3) Adjusting GRFA from 1.777 sq. ft./unit
to 2285 sq. ft.,zunit; 4) Adjusting wording re] ated to
the height ljmjt.
Staff Recommendtion: Approve Ordinance No. 32, Series
of 1987, on second reading.
3. Ordinance No. 31, Series of !987, first reading, concerning
local collection of sa] es tax.
Action Reguested of Counci'l : Approve/deny Ordinance No. 31,
Serles of 1987, on first reading.
B.
Background Rationale: An ordinance is required in order to
ffiles tax collection program.
StaffJeconnmeldation: Approve 0rdinance No. 31, Series of ffig.
CITIZEN PARTICIPATION
4. Town Manager's Report
5. Adjournment
'l
2.
VAIL TOl,lN COUNCIL
REGULAR li{EETING
TUESDAY, SEPTEMBER 15, L987
7:30 p.m.
AGENDA
Western Development Corporation Presentation on the Congress Hal1
Consent Agenda
A. Ordinance No. 29, Series of !987, second reading, an ordinance'
amending section 2.24.0?0 of the Municjpal Code of the Town of Vail to provide that nembers of the Planning and Envjronmental Commission shall serve for a term of two rather than four years on an overlapping
basis; and providing details in regard thereto.
B. 0rdinance No. 32, Serjes of 1987, second reading, an ordjnance
amending 0rdinance No. 19, Series of 1987, which approved a Special
Development District (known as SDD No. 16, Elk Meadows) and the
development plan in accordance with Chapter 18.40 of the Vail
Municipa1 Code and setting forth details 'in regard thereto-
Ordinance No. 31 , Series of 1987, first reading, an ord.i nance repealing and reenacting Chapter 3.40 Sales Tax of the Munjcipal Code of the Town of Vaii, Coiorado to provide for the sel f col lection by the Town of Vail of the Town of Vai1 Municipal Sales Tax and setting forth details in regard
thereto.
CITIZEN PARTICIPATION
Town Manager's Report
Adjournment
?
4.
VAIL TOI,JN C0UNCIL
REGULAR MEETING
TUESDAY, SEPTEMBER 1, 1987
7:30 p.m.
REVISED AGENDA
1. Consent Agenda
A. Approva) of Mjnutes of August 4 & August 18 Meeting
B. 0rdinance No. 17, Series of 1987, second reading, an ordinance
adopting an Investment Policy for the Town of Vajl.
C. Ordinance No. 30, Series of 1987, second reading, an ordinance
approving a special development district, (known as Special
Development District N0. 18, Victorian at Vajl) and the development
plan in accordance with Chapter 18.40 of the Vail Municipal Code in
setting forth details in regard thereto.
0. Resolution No. 23, Series of 1987, a resolution setting forth the Town
Council's support in principal of the Town of Avon effort to further
investigate a Television Transiator System for the communities of the
Gore Va1 'l ey.
E. Reso'l ution No.24, Series of 1987, a resolution authorizing the Town
Manager to act on behalf of the Town in negotiat'i ng and entering into
a lease agreement providing for the'l ease of land and improvements to
the United States Postal Service and other instruments and documents
re'l ati ng thereto.
2. Ordinance No. 29, Series of 1987, first reading, an ordinance amending
section 2.24.020 of the Municipal Code of the Town of Vail to provide that
members of the P'lann'ing and Envjronmental Commission shal'l serve for a term
of two rather than four years on an overlapping basis; and providing
details in regard thereto.
3. Ordinance No. 32, Serjes of 1987, first reading, an ordinance amending
Ordinance No. 19, Series of 1987, which approved a Special Oevelopment Djstrict (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.
4. Approval of Post 0ffice Lease Extension Agreement
CITIZEN PARTICIPATION
5. Town Manager's Report
6. Adjournment
A
.? t 'n
ta!t^ q,^nd,-x
Planningr nna e+vir""*"ata]'
""t**""'.tt Conmunity Development Department
-+€su€tia-rea? Qk^L t, t{E?
SUBJECT; Amendments to Special Developnent District #16, Elk
Meadows Applicant: Lamar CapitaL Corporation
on July 7, !987t the ordinance approving the Special Development District for Erk Meadows was given- final approval by the Town Council. The planning Conuni.ssion may approve minor changes to a special developrnent district.* ThL reguested changes to Special Developnent District #j-6 are Listed below:
TO:
FROM:
DATEi
Original SDD
Units 9
L'typ.
]. enra:
duplex, 5 single farnily
Lt777 per unit
Proposed Arnendments
7
7 single faurily units
2,285 per unit
t @ ugi4No+l^-<l8r
Esseltially, the applicant is requesting ffi density of the subdivision. The total rlnit nurnber is being decreased from 9 to z units. 1"0 units are actually a11owe5.under the original zone designation. The project would trave 7 single dwelling units instead of 2 duprex uiits prus s singre fanily units. The GRFA for the project-wou1d change to 2,296 sguare feet for each single faurily unit instead of L,777 GRFA per unit. The total GRFA allowed for the project is 16,000 sqluare feet- The total GRFA proposed would be L5,995 square feet.
STAFF RECOI4MENDATION
staff recornmends approval of the amendments. our opinion is that the decrease in density should be vier^red. as a iositive inprovement due to the sensitivity of this site. Altached to tlris merno is the revised special Development District #l-6 ordinance. Please note that additions Lave been typed in all capital letters and underlined. A line is drawn tlriough portions of the ordinance that will be ornitted. TErori+i.n+l
comperi sle n Pt*-FeEgS.'
o
TO:
FROM:
DATE:
SUBJECT:
Town Council
Corununity Developrnent Department
September 1, L987
Amendnents to Special Development District #16, Elk
Meadows Applicant: Lamar Capital Corporation
On July 7, 1987, the ordinance approving the snecial
DevElopment District for EIk Meadows was given final approval by the Town Council. The Planning Cornrnission may approve minor changes to a special development district. TXg_pgC reviewed the chanqes below and recommended approval of the
amen ts at their Auqust 24 The requested changes
Spec velopment District #16 are listed below:
Original SDD Proposed Arnendments
l. Units 9 7
2. Type 2 duplex, 5 single family 7 single fanily units
3. GRFA: Lt777 per unit
4. Section 4 B.8:
Building Height.Building height shall be 33 feet for a sloping roof.
Building Height.nuilding Eelgrnt shal1 not exceed 33 feet for a sloping roof.
2t285 per unit
Essentially, the applicant is requesting to decrease the density of the subdivision. The total unit nurnber is being decreased from 9 to 7 units. 10 units are actually allowed under the original zone designation. The project would have 7 single dwelling units instead of 2 duplex units plus 5 single family units. The GRFA for the project would change to 2,2a5 square feet for each single farnily unit instead of L,777 GRFA per unit. The totat GRFA allowed for the project is 16,000 square feet. The total GRFA proposed would be l-5,995 square feet.
STAFF' RECOMMENDATION
Staff recommends approval of the amendments. Our opinion is that the decrease in density should be viewed as a positive
improvement due to the sensitivity of this site. Attached to this memo is the revised Special bevelopment District #16 ordj-nance. Please note that additions have been typed in all capital letters and underlined. A line is drawn thiough portions of the ordinance that will be omitted.
ORDINANCE NO. 19
Series of 1987
AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT
(KNOWN AS SDD16, ELK MEADOWS) AND THE DEVELOPMENT PLAN
IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL
CODE AND SETTING FORTH DETAILS IN REGARD THERETO
I{HEREAS, Chapter 18.40 of the VaiI Municipal Code authorizes Special
Oevelopment Distri.cts within the Town; and
I'IHEREAS, Lamar Capital Corporation has submitted an application for a Special
Development apprbval for a certain parcel of property within the Town knoral-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
WHEREAS, the establishment of the reguested SOD 16 wil'l insure unified and
coordjnated development within the Town of VaiI in a manner suitable for the area
in which jt js situated; and
:
I,IIIEREAS, the Planning and Environmental Commission has recommended approval of
the proposed SDD; and
I.THEREAS, the Town Council considers that it is reasonable, appropriate, and
beneficial to the Town and its citizens, inhabitants, and visitors to establish
such Specia;l Development District No. 16:
NOl^l, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOl,'lN OF VAIL,
COLORAOO, THAT:
Sectjon l Amendment Procedures Fulfi'l 'led, Planning Commission Report.
The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have
been fulfilled, and the Town Counci'l has recejved the report of the Pianning and
Environmental Commission recommending approval of the proposed development plan for
Special Development 0istrict No. 16.
Special Development District No. 16 (S00 16) and the development 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 consistinS ?f 3.5
Special Development Distri ct 16 is established to ensure comprehensive development
and use of an area that rill 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 alI design standards as set forth in Section 18.40 of the
acres.
Section 3. Purpose.
Section 2.
a
Municipal Code. As stated in the staff nemorandum dated June 8, 1987, there are
significant aspects of Special Development District 16 which are difficult to
satisfy through the imposition of the standards of the Residential Cluster zone
district. SDD 16 allows for greater flexjbjlity in the development of the land
than would be possible unde.r the current zoning of the property. In order to help
preserve the natura'l land scenic features of this site, building envelopes rill be
established which designate the areas upon the site in which development will
occur. The establishment of these building envelop.es will also permit the phasing
of the development to proceed according to each individual owner's ability to
construct a residence. SDD16 provides an appropri ate development plan that
maintains the unique character of this site given the difficult site constraints
which must be addressed in the overall design of the project.
Section 4. Development Plan
A. The development plan for SOD 16 is approved and shall constitute the plan for
development wjthin the Special Development District. The development plan is
compri sed of those plans submitted by Lamar Capital Corporation and consists of the
I
following documents, which will be fjnalized at the major subdjvision fjnal plat
revi ew:
1. ELK MEADOW SUESIVISION PHASE III, THE VALLEY, FINAL PLAT. A
EESUB0rVl!!o
AUGUST 6. 1987.
2.E'lk Meadows Subdivision Phase III: FINAL UTILITY PLAN, PART 0F PARCEL A
LIONSRIDCE SUBDIVISION. FILING NO. 2, EAGLE VALLEY ENGINEERING AND
SURVEYING, FEBRUjRY 23, 1987.+r€+irrinary llan Euil4ing Envelepes an*
e-tffi6ruar#3, i98H1r'.
-tee-+eehnen:-€o+e*ado-+egis+ere+-Cand-Eurv eyor.
EIk Meadows Subdivision Phase III Access Road Design Drawing, John
MacKowen, Surveying and Engineering, Inc., June 5, t987
Fjnal Landscape P1an, Elk Meadows, Phase III, Mr. Dennis Anderson,
Associates, AUGUST 6. 1987 -&+e*9H98+-
E'l k Meadows Subdiv jsion, Phase III FINAL +F€#-'n+Ba+y Drainage P'l an, Mr.
Don Pettigrove, P.8., AUGUST 6. 1987'r}tttte-*gti7-
ELK I4EAD!!{S SUEDrVISIoN. PHA
J.
4.
q
EAGLE VALLEY ENGINEERING AND SURVEYING. MR. LELAND LECHNER. SURVEYOR
PLAN. MR. LELAND J. LECHNER, SURVEYOR, EAGLE V ENGINEERING AND
o.
SURVEYING. FEBRUARY 23. 1987
7.-Environnental Impact Report submitted by
Inc.,-4{a511--1997-AUGUST 5, 1987 whjch
Mr. Peter Jamar, Associates'
includes Design Guidelines ANO
Rockfall Mitigation Requirements. -and a prelirninar* stility plan' The
fsl]ewing 'letters are alse Bartr of Ehe-+l$-
a.
glc-Uea^do$rs-S+rb4i.+i+isr
June 15, 1987 re: Elk Meadows Subdivision; Rqekfal'l
c. L ,
d.t
8. Other general submittal documents that define the development standards
of the Special Development District.
The development plan sha'l I adhere to the following:
1. Acreage: The total acreage of the site is**'6-3.619 acres
2. Permitted Uses: The permitted uses for the site are proposed to be:
a. Single family residential dwellings
b- T+ve-family residential dwelIings
b. Open space
c. Public and private roads
3. Conditional Uses:
a. Public utility and public service uses
b. Public buildings, grounds and facjlities
c. Public or private schools
d. Pub'l i c park and recreati on fac i 'l i ti es
e. Ski lifts and tows
t. Private clubs
s. Dog kennel
Accessory Uses:
a. Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools, patios, or recreation facilities
customariy incidental to sing'l e-family or two-fami-1y residential
b.
B.
4.
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 customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof
d. Horse grazing, subiect to the issuance of a horse grazing permit jn
accordance with the provisjons of Chapter 18'58'
5. Parcel Acreages and Uses
a. Building Enve)oPes
1. +7 .0647 acres, 'l s'i ngle fami'ly unit
2. "€+ .0617 acres, 1 single fami'ly unit
3. *G.0534 acres, 1 single family unit
4. .4+ .0483 acres, 'l si ngl e fami 1y uni t
5. --te .0929 acres, l-+*pl+tt-ttt++t 1 SINGLE FAMILY UNIT
6. .€& .0641 acres, l@it 'l SINGLE FAMILY UNIT
7. r05.0498 acres' I single family unit
b. Tract 'l : L4{rL !!!! acres open space AND DRAINAGE EASEMENT
c. Tract 2: .ffi7 .6927 acres private access road and parking
6. Ietbacks - Minimum setbacks for the location of structures in relation to
building envelope permimeter'l ines shall be as follows:
a. No structure shalll be located on the utility easement as so
designated on the final plat of the subdivjsion
b. No structure shall be'l ocated less than two feet from either the east
or the west perimeter ljne.
c. No structure shall 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 tota'l 'ly within the
perimeter'l ines of the building envelope.
1. Density: Approval of this development p'lan sha11 permit ni++-t$ SEVEN
(Z-I dwe lIingl units whieh''in€}ude€-5 single fami1y dwelling units.ar##ex
firi+s.
A bujlding situated on a single unjt resjdential building envelope shall
not contajn more than fr71 ?,285 square feet of GRFA. W
ffi ennalepe-shalFnoe-eent*i@
4'Rfit.
,.'
B. guildinq Heiqh? Buiidins hejght shall NOT EXc|} 33 feet'for a
sl oPing roof.
9. Parking: Two parking spaces shall be provided per unit with one of the
two being enclosed PLUS ONE GUEST PARKING SPACE IN THE COMMON PARKI]IG AREA.
10. Landscaping: The area of the sjte to be landscaped shall be as indicated
on the preliminary landscape plan. A detailed'l andscape p'l an shall be subnitted to
the Des'ign Review Eoard for their approval . The,Design Review Board approved final
'landscape plan shall represent the general subdivision's )andscape regujreoents,' The entire portion of the building enve'l ope not covered by pavernent or
buildings shal'l be landscaped as wel'l as any areas outside the building envelope
djsturbed during construction.
11. Oesign Gu'i de] ines: The Design Guidelines shall be submitted to the Design
Review Board for their approval . The ORB final design guictelines shall represent
the approved design guidelines, Design guidelines for the site are as fojlows:
a. Roof pitch shall be,EETWEEN 4 feet in 12 feet AND 6 FEET IN tZ FEET.
b. Roof material shali u" t{EilL sTANDING sEAM oR A METAL srAt"tpED cAIIFoRNIA
TILE FORM and be "i,t., charcoal grey or DARK NAvy blue in co] or.
c. Siding material shall be either cedar or redwood and shal'l be applied
horizontally as indicated on the prototypical building elevat,ions. gnly light
co1ored stain shall be applied to siding.
d. E'i ther stucco or siding shall be applied to exposed concrete foundation
wal ls. If stucco is utilized, it shall be light in cojor.
e. All windows shall be white meta'l clad windows.
f. All roofs shall have overhangs of at least I foot in order to protect
wa] ls and wa)l openings from rajn and snow and to contrjbute to the bujlding's
character.
12. Recreation Amenities Tax: The recreation amenities tax is g.30 per square
foo t.
13. Protective Covenants: Prjor to major subdivision final plat approval , the
developer shall fi)e pnotective covenants on the land records of Eagle County which
w'i II provide that each owner that builds a structure on a designated building
.: envelope shall comply with the design guidelines and rockfall mitigation
. requirernents as outlined in the EIR by .larnar Assocjates +4alFlf- August 5, 19g7. Copies of
the guideljnes and mitigat'i on requirements shall be avai'l able to prospective
purchasers at the Community Development 0ffice and Developer,s office
a
The covenants shall also state that an orlner may choose to have another
qual ified engineer,/geologist design appropri ate 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 0epartment and Town Engineer.
The covenants shall also provide in regard to the covenant dealing rrrith
design guidelines and rockfalI 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 Vaii approval.
The protective covenants shall be approved by the fown of Vail Attorney,
prior to major subdivision f.inai plat approval .
Section 5. Amendmentg
Amendrnents to the approved development plan which do not change its substance may
be approved by the Planning and Environmental Commission at a reguiarly scheduled
public hearing in accordance with the provisions of Section 18.66.060. Amendments
which do change the substance of the development p'l an sha'l 1 be nequired to be
approved by rown council after the above procedure has been followed. The
Community Deve'l opment Department shalJ determine what constjtutes a change jn the
substance of the deveiopment p1an.
Section 6. Expiration
The applicant must begin construction of the Special Development Distrjct within 1g
months from the tjme of its fina] approval , and continue diligently tolard
completion of the project. If the appiicant does not begin and diligently rvork
toward the completion of the specia'l Development District or any stage of the
special Development Distrjct wjthin the time limits .imposed by the preceding
subsection, the Planning and Environmental Commission shall review the Special
Oevelopment 0istrict. They shal'l recommend to the Torvn Council that eithen the
approval of the special Development District be extended, that the approval of the
Special 0evelopment 0istrict be revoked, or that the Specia'l Development 0istrict
be amended.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason heid to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares jt
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 jnvaJid. \-,
Section 8.
The repeal or the repeal and reenactment of any provjsions of the Vail Municipal
Code as provided in this ord'i nance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other act'ion 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 expressly stated herein.'
INTROOUCEO, READ AND PASSEO ON FIRST READING THiS day of
1987, and a public hearing shall be held on this ordinance on the _day of
,7987 at 7:30 p.m. in the Council Chambers of the Vail Municipal
8ui'l ding, Vail, Colorado.
0rdered published in full this day of ,1987-
Paul R. Johnston, Mayor
ATTEST:
Pame'la A. Erandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUELISHEO
thi s day of , 7987.
Paul R. Johnston, Mayor
ATTESI:
Pamela A. Brandmeyer, Town Clerk
ORDINANCE N0.32
Series of 1987
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 19,
SERIES OF 1987, TO PROVIDE FOR A REDUCTION OF THE NUMBER OF
UN.ITS PERMITTED; ADJUSTING THE GROSS RESIDENTIAL FLOOR AREA
PER UNIT; CHANGING CERTAIN t.lORDING RELATING TO HEIGHT
LIMITATIONS ANO SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special
Deve'l oprnent Djstricts within the Town; and
WHEREAS, the Town Council approved Ordinance No. 19, Series of 1987
establ ishing Speciai Development District No. 16; and
WHEREAS, the Town Planning staff and P'lanning and Environmental Commission has
recommended that certain minor changes be made in Special Oevelopment Djstrict No.
16; and
WHEREAS, the Town Council considers that jt is reasonable, appropriate, and
benefjcial to the Town and its citizens, inhabitants, and visjtors to repeal and
reenact Ordinance No. 19, series of 1987 to provide for such changes in Special
Development 0jstrict No. 16, E'l k Meadows.
N0l,l, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL 0F THE TOI^,N 0F VAIL,
COLORADO, THAT:
Section l. Ordinance No. 19, Seri es of 1987, is hereby repealed and reenacted with
amendments to read as follows:
Section 1.Amendment Procedures Fulfilled, Planninq Commission Reoort.
The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have
been fulfilled, and the Town Council has received the report of the Planning and
Environmental Commission recommending approval of the proposed development plan for
Special Developrnent District No. 16.
Section 2. Spec'i al Development District No. 16.
Special Development Djstrict No. 16 (SDD 16) and the development plan therefore,
are hereby approved for the development of Phase III, The Valley, part of Parcel A,
Lion's Ridge subdivjsion Filing No. 2, within the Town of vail consisting of 3.6
acres.
o
Section 3. Purpose
Special Development Distrjct 16 js established to ensure comprehensive development
and use of an area that wilI 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 desjgn standards as set forth in Section 18.40 of the
Municipal Code. As stated jn the staff memorandum dated June 8, 1987, there are
significant aspects of Special Development Distri ct 16 which are djfficult to
satisfy through the imposjtjon of the standards of the Residential Cluster zone
distrjct. SDD 16 al'lows for greater flexibi1ity in the development of the land
than would be possible under the current zoning of the property. In order to help
preserve the natural land scenic features of this site, building envelopes will be
established which designate the areas upon the site in whjch development will
occur. The estab'l ishment of these building envelopes will also permit the phasing
of the development to proceed according to each jndividual owner's ability to
construct a residence. SDD16 provides an appropriate development plan that
maintains the unique character of thjs site given the difficult site constraints
which must be addressed in the overall design of the project.
Section 4. Development Plan
A. The development plan for SDD 16 is approved and shall constitute the plan for
development within the special Development District. The development plan is
comprised of those plans submitted by Lamar Capital Corporation and consists of the
fol'l owing documents, which will be finaljzed at the nraior subdjvjsion final plat
revi ew:
y'1. Elk Meadows Subdivision Phase III, The Va1 1ey, final p1at, a
resubdivision of part of Parcel A, Lionsridge Subdivision, Filing No. 2,
Eagle Vailey Engineeri ng and Surveying, Mr. Leland Lechner, Surveyor,
August 6, 1987.
( 2. Elk Meadows Subdivision Phase III: Fjnal ut'i lity plan, part of Parcel A,
Lionsridge Subdjvision, Filing N0.2, Eagle Valley Engineering and
Surveying, February 23, 1987-
I t 3. Elk Meadows Subdivision Phase III Access Road Design Drawing, John
MacKowen, Surveying and Engineerjng, Inc., June 5, 1987
/ 4. Final Landscape Plan, Elk Meadows, Phase III, Mr. Dennis Anderson,
Assocjates, August 6, 1987.
t 5. Elk Meadows Subdivision, Phase III, Final Drainage plan, Mr. tbn
Pettigrove, P.E., August 6, 1987.
16. Elk Meadows Subdivision, Phase III, final rockfall land slope analysis
plan, Mr. Leland J. Lechner, Surveyor, Eagle Valley Engineering and
Surveying, February 23, 1987.
'!7. Envjronmental Impact Report submitted by Mr. Peter Jarnar, Associates,
Inc., August 5, 1987, which includes Design Guidelines and Rockfall
Mi tigation Requi rements.
8. 0ther general submittal documents that define the development standards
of the Speciai Development District.
B. The development plan shall adhere to the fol'l owing:
1. Acreage: The totai acreage of the site js 3.619 acres
2. Permjtted Uses: The permitted uses for the sjte are proposed to be:
a. Single family residential dwellings
b. 0pen space
c. PubIjc and private roads
3. Conditional Uses:
a. Public utility and public service uses
b. Public buildings, grounds and facilities
c. Publ i c or prj vate school s
d. Public park and recreation facjlities
e. Ski lifts and tows
f. Private clubs
S. Dog kennel
4. Accessory Uses:
a. Private greenhouses, tool sheds , p)ayhouses, attached garages or
carports, swimming pools, patios, or recreatjon faci lities
customarily incidental to a single-fami1y use.
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. 0ther uses customarjly incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof
subject to the issuance of
the provisions of Chapter
a. Building Envelopes
1. .0547 acres, I single family unit
2. .0617 acres, I single family unit
3. .0534 acres, I single family unit
4. .0483 acres, I single family unit
5. .0929 acres, 1 sing'le family unit
6. .0641 acres, I sing'le fanily unit
7. .0498 acres, I singie family unit
b. Tract 'l : 2.49I acres open space and drainage easement
.c. Tract 2: .6927 acres private access road and parking
6. Setbacks - Minimurn setbacks for the location of structures in relation to
building envelope perimeter lines shall be as fol lows:
a. No structure shall be located on the utility easement as so
designated on the final plat of the subdivision.
b. No structure shall be located less than two feet from either the east
or the west perimeter ljne.
c. No structure sha'l I 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 bui'lding envelope.
7. Density: Approval of this development plan sha'l 'l permit seven (7)
single family dwelling units.
A building situated on a single unit residential building envelope shall
not contain more than 2,285 square feet of GRFA.
8. Building Height. Building height sha1l not exceed 33 feet for a sloping
roof.
9. Parking: Two parking spaces shall be provided per unit with one of the
two being enclosed plus one guest parking space in the common parking area.
'tn d.Horse grazing,
accordance with
a horse grazing Permit
18. 58.
5.
10. Landscaping: The area of the site to be landscaped shall be as indicated
on the preliminary landscape pian. A detajled'l andscape plan shall be submitted to
the Design Review Board for their approval . The Design Review Eoard approved fjna1
landscape plan shal1 represent the general subdivision's landscape requirements.
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. Desisn Guidelilgs: The Design Guidelines shall be submitted to the Design
Review Board for their approvai. The DRB final design guidelines shall represent
the approved design guidelines. Oesign guidelines for the site are as follows:
a. Roof pitch shal| be between 4 feet in 12 feet and 6 feet in 12 feet.
b. Roof material shall be meta'l standing seam or a netal stamped
Californja tile form and be either charcoal grey or dark navy blue in color.
c. Siding material sha'l I be either cedar or redwood and shall be applied
horjzontally as indicated on the prototypical buiiding elevations. Only light
colored stain shall be applied to siding.
d. E'ither stucco or s'iding shail be applied to exposed concrete
foundation walls. If stucco is utilized, it shall be light in color.
e. All windows shall be white netal clad windows.
f. All roofs shall have overhangs of at least I foot in order to protect
wails and wal'l openings from rain and snow and to contribute to the building's
character.
12. Rgcreation Amenities Tax: The recreational amenities tax is $.30 per
sguare foot.
13. Protective Covenants: Prior to major subdivision finai plat approval ,
the developer shall fjle protective covenants on the land records of Eagle County
which wi'l 1 provide that each owner who builds a structure on a designated building
envelope shall comply with the design guidelines and rockfall mitigation
requjrements as outlined by the EIR by Jamar Associates August 5, 1987. Copies of
the guidelines and mitigation requirements shal'l be avai'l able to prospective
purchasers at the Conrmun'ity Oevelopment office and Deve'l oper's office.
The covenants shal1 a'lso state that an owner may choose to have another
qualified engineer,/geologist design appropriate rockfa'l I nitigation neasures, 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.
fhe covenants shall also provide in regard to the covenant dealing with design
guidelines and rockfall mitigation, that the Town of Vail shall have the right to
enforce the covenant and that the covenant may not be amended or deleted rithout
Town of Vai'l approval .
The protective covenants shall be approved by the Town of VaiI attorney, prior
to major subdivision final plat approval .
Section 5.
Amendments to the approved development plan which do not change its substance
may be approved by the Planning and Environmental commission at a regularly
scheduled public hearing in accordance with the provis'i ons of Section 18.66.060.
Amendments which do change the substance of the development plan sha'l I be required
to be approved by Town Council after the above procedure has been followed. .The
Community Deve'l opment Department shal'l determine what constitutes a change in the
substance of the development p'lan.
Section 6. Expi ration
The applicant must begin construction of the Special Development 0istrict
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 compietion of the Special Development District or any stage of the
Special Development within the time limits imposed by the preceding subsection, the
Planning and Environmental Commission shall review the Special Development
Distrjct. They shalI recommend t the Town Council that either the approval of tne
Special Development Distri ct be extended, that the approval of the Special
Development Distrjct be revoked, or that the Specia) Development Djstrict be
amended.
Section 2.
If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision sha'l 'l not affect the va] idity
of the remaining portions of this ordjnance; and the Town Council hereby declares
it would have passed this ordinance, and each part, sectjon, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3.
The'repeal or the repeal and re-enactment of any provisions of the vail
Itlunicipal Code as provided in this ordinance shall not affect any right which has
f
accrued' any duty imposed, any violatjon that occurred prior to the effective date
hereof, any prosecution commenced, nor any other action or proceeding as cmrenced
under or by virtue of the provision repealed or repealed and reenacted. fhe repeal
of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless express'ly stated herein.
INTROOUCEO, READ ANO PASSEO ON FIRST REAOING
1987, and a public hearjng shall be held on
September, 1987 at 7:30 p.m. jn the Council
Building, Vail, Colorado.
Ordered published jn fu'll thjs lst dav o
THIS lst
this ordinance
Chambers of the
Septenter
lst dey of
day of
on the
Vai 1
INTRODUCED, BEAD
onl y
l'
Mun i ci pal
Y€f'orin C
APPROVED ON SECOND READING AND ORDERED PUELISHEO by tit]C
15th day of , 1987.
AND
th'i s
B randmeye r,
o o
ffiffi-u-d *qff
1. Subdivider plat (the "Plat") of
RECITALS
has subuitted to Town for approv3'l a final
;I; M;;e;".-s"uai"ision ( Eh?r' "subdivision")
2. The PIat is acceptable to Town provided that Subdivider
and Town enter i"io-" Subdivfsiott-itptotte'hents Agreement wherein
IiiU Oi"ili"i--sttaf f -iit""- t"a- guirantee thaE cer-tain improvements
rilf-U"-ao.," io th; SubdiviEion, the te''ns of which agreement
have not Yet been agreed to.
3. There presently exists in the Subdivision a graded but
unpaved road (the "Roadt').
4. Town desires to assure itself that certain reveg-etation
adiacent to the Road occur" r"g*rdi"ss of whether or not the Plat
is-placed of record.
5. Town desires to assure itself that itl^lhe event the
pLat is nor placJE-ii-rJ"oia !y seprenber L, 1989, that certain
r".r"g"t"tion'of the Road itself occurs '
AGRXEMENT
In consideration of the recitals and the mutual covenants
contained. hereinaii"i, ttre Parties hereto hereby agree as
foll-ows:
1. Subject to and conditioned upon.Tgg-Tg Subdivider
entering into a SuUaivi"ion Improv"t"tt"- Agreement for the
subdivis ioo rot,,.ii;-;;;i;iacibry' i"-i-"ttt Farties, Town herebv
approves the PIaL.
2. Subdivider agrees to compLe!9r a! its sole cost and
expense, on or b;I;;.-E;iiltuit-i5',-lggi r. in a-q?od and
il,iiii""iit. t"",,"t, the xevegetaci6n of ihe areas in the
subdivision aa5acli.rt-io itre [oaa r"a it"t were.-disturbed by
eonstruet,ion of ii"-n".Al---Suctt t"lr"e"tation ("Work I") shall
consist of grading-oi-r"i"cing coosoit ana seeding (wiLhout straw
or similar "o.r"=)o*iit-i"ail"io.ts'
species of grasses'
3. To secure and guarancee Subdivider's performance of
Work 1, Subdivider agrees to prot'ii!-""i"iiiy tb Tovrn in the form
of a cash escrolt ln Ehe amount ot-51,500'OO to be held by Town'
rn the event work- 1 ls perforroed. on or before september 15, LggT ,the S2,500.00 shatl. irdJi;;;i;"be rerurned by Tbwn co Subdivider. rr work I i;-;;;-i";i";;;-;i"s.i."iuer 15 , rs'7,Town shall give.written-io'ii""'Io-i;t;i"ie";-Ir-",r"t evenr,stating in detail the speciii" i"rr" of woik r-.rot performed.AtEer receipt of such notice, siUai"iJ"r"rt.fi illr. .r, addirional 30 days ro Loroplete trrtork i-.ia-t."e reEurned the g2,500.00 hetd by Town. rf sirraiviaei--r"il"*ro co*prete hrork 1 in such addirionar 30 days, Town "trrrr-i"mprLie-wr;k-i iittr suctr parr of the $2,500.00 escror.r- as is ,r""a.a, yltlr the balance of such funds being returned r?^!u!givia"rl-Jrri,- Sz, jooloo-J"lrored funds shall be used bv Town for no purposes-btn"r'th;-;";;I!rior, of work 1.Subdividei: shall !r*y. lb obtigario' wirh respelt to l^Iork 1 in excess of the $2,500.00 escrofi"J r""a"--' -yerevL
4. If the plat is not recorded in the real propercy records of Eaele counry, c;io;;d;, on or befoie-ieprember 1,1989, Subdivider agrees to complete, at its sole cost and expense, on or before. Septembei rs, 'rgag, *in-I-iooa
a'a workmantike manner-, lle i";;;;;"ii6n-oi-ir,""nJ.E]' such revegetarion ("work 2") shali con_sisr "r-i'i"iiii of exiscing topsoil and seeding (witho"i-"ii., or similar cover) with indigenous species"ri d;;;;"1 ---
5. To secure and guarantee. Subdivider,s performance of work 2, subdivider ag_reei ro proviae-;;;;;i;y".I=io*r, in rhe form of a cash escrow _i" Er,"-.r;"I-;i-Ft,00d:00"'ro'i"'herd by Town.rn the evenr the plar i"-t.".taJi o.r'or ueioie iipremuer r, 19g9,the 93,000.00 shatl ir*.ai.i"it-;"-;";;r;;e-;; iJi"" ,o subdivider. rn rhe evenr Ehar'.n" Frit-r;;;i ir"r""ord"d and work 2 is nor oerforPed uv-d"i.J;b.;-i5,-igiii; i;"" shall give wrirren norice ro _s_ubdivie";-;i:uch even!, sraring in derail rhe specific parrs of work_ z ;;t, tlrior*"a. aitei-ilceipr of such notice' subdivider shalr rt"""'""-.daiiional-;0 a;;" ro comprete work 2 and have rerurned-irr" SIloo0.00-;;i; ;; il*". rf subdivider rails to _c_ornplet; ri;;i-i'i; ;;;; Iiailior"r 30 davs.Town shall compleEe Wori Z-riit-"""f, parr of rhe 93,000.00 elcrow as is needed' i'ittr^trte-uaran;;"oi such funds being returned to subdivider. rhe 93, 000.00-;;;';;"e-;;";;";;.ii-il8,,,""a by rown for.no- purposes otfr6r ih; ;;;iltio' of work 2. subdivider shall have-no furrher ourig"iiSi-wirh respecr to vJork z in excess of the $3,000.00 escrowea Funasl '
6. Town agrees that Subdivider, at Subdivider,s sole 9i::.::l:l_,_ nay it.any rine substit..,,t6 i;r-;i;;;i or uorh of rhe cash escrows suppried-hereunder an uncondit.ional anir i;;;";;";i;letter or letteii-or cieJit i;;*-; rinancial-ir,"rlt'tior,. upon deliverv of such Je!!er oi-r"ii"r". .i.;;;di;,-trh;-;;Jfr"il"i,r!"""subsrirured for sharr irr"ai"i"ii"u".rJiir""i iy=rown ro Subdivider.
/ndr.^rn\.
W
-)
r
q
l-
ttoMorCar
uilo.ni".n of 0o^o$q,D, fondtl*o
v-t ,.\
IN WITNESS
""Urygl^:hip_Agreernenr is execured effecrive as the date first vtTrt-Ecen above.
LAI,IAR CAPITAL CORPOMTION, A New Jersey corporation
BY:
Vtce President
OF VAIL, COLORADO
!
lnwn
() /,, )
otfho ot communlty deudopmcnt
75 3orit frodago rcad
vail, colofado 81657
(3O3) {76-7000
August 25, L9g7
Mr. Mike l-,auterbach P.O. Box 345L Vail, Colorado 81658
Re: Elk lteadows subdivision Road & pre-subdivision Agreement
Dear Mike:
on Jury 20, L987, a meeting was held at the Erk Meadows Road with you, Jerry Bestr, Gary Murrain, and nyself. We had agreed that you wggrd provide the town of vail wittr an enginetri;----report on tbe cornpaction for the road. At this tiie, we have not received anv infornation on the conpaction. The Town staff will also need i survey showinj the existing road arignment and its rerationship to the Elk Meidows subdivi6ion noaa. At the srEe vls1t, r-t became clear that the road does not natch exactly the road described on the Eagle County perrnit.
rn order for the Town of Vail to take over the building pennit for the road, we must reguire that you subrnit:
1. The Engineerrs report on the compaction of the road 2- A sufvgy.of the_existing road anh its reliti-nship to the subdivision road.
until we receive this information, the road will stilt be under the county pernit. once we have received this inforrnation, it-Town wi-ll be able to deterrnine if it is r""""t.ui" to tuk" o.r",the building pennit.
secondly, r have reviewed the pre-subd.ivision rmprovements Agreement. r nould rike a signed bid frorn tn" c'"ntractor who gave you the estimate for the revegetation work. r would also like to_know why ,straw or similar coverr is not inctuded with the seed- usually the straw is incruded to prote-t the seed.'
Larry Eskwith also.has a-copy of the aagreenent. If any chanEes in the wording of ttri document ire necessary, r wir ret you know. Thanks for providing this agreenent.
ff you have any questions, please feel free to call ne.
Sinqerely, .
''d':fo^ 3t
Towrt Pl.anner
cc: Peter Patten
Gary lturrain Jerry Best
5 \ lc L.,,,.,-
\\i''L-"
-
Planning and Environmental Commission
August 24, L987
PRESENT STAFF PRESENT J.J. ColLins
Diana Donovan
Peggy osterfoss sid schultz
Jim Viele
Peter Patten
Tom Braun Kristan Pritz Rick Pylman
Betsy Rosolack
The meeting was called to order by the chairman, Jim Viele.
l-. Approval of rninutes of July 27.
J.J. Collins moved and Pegg"y Osterfoss seconded to approve the minutes. ?he vote was 5-O in favor.
2. This item was discussed after item 3.
3. A rgquest.for a conditional use permit to establish an
ffitown erill
Kristan Pritz explained the request and reviewed the criteria and findings for a conditional use pernit. The staff recommendation was for approval with three conditj-ons. Joel Fritz, the applicant, stated that with respect to snow renoval,the area would probably be used in spring, rather than in winter, but the barrier is rnoveable. He felt that he wouId.rather deal- with the snow removal hirnself. Kristan felt there should be an agreement. in writing concerning snow removal .
Diana felt Condition #I was irnportant concerning putling the patio back to allow for a L5 foot access way. JoeI mentioned that the southwest corner was often moved for special events in the area. He would try to put it back to allow for a L5 foot space.
J.J. Collins moved and Diana Donovan seconded to approve the request for the conditional use perrnit per the staff memo dated August 24, L987 including the three conditions of approval .
1-. The southwest corner of the dining patio will be pulled back to allow for a L5 foot access way from the ed.ge of the patio to the curb of the Lionshead Arcade.
2. The applicants will nake the necessary changes to the snow removal agreement with the Town of VaiI to allow for the patio in the winter tirne. Any changes to the snow removal agreement must be approved by the Lionshead Arcade property owner as well as the Vail 2l-2 owner.
I
3. rn the event that utility work is required in the area of ttre patio, the applicants agree to a}Iow for the construction. At this time, however, staff is unaware of any utility easernents in the plaza area (according to Lionshead lst Filing subdivision and r,ionshead Mal-1 Base Map check).
The vote r{ras 5-0 in favor.
final plat review and a variance to
thrr for Elk Meadows
2.
Subdivision Applicant: Lamar Capital Corporation
Kristan Pritz exprained the.reguest and listed. changes on the memo for the final plat review. The five conditions of approval were discussed. The staff recommendation was for approvar of the major subdivision. Kristan ttren l_isted. changes in the reguested arnendment. she showed site plans regarding the variance req[uest and reviewed the variancl criteria. sfaff recommended approval and felt that speciar circumstances warranted approval of the request.
The width of the road and the road right-of-way were d.iscussed..Peter exprained that in this small siie, the w-iaur needed was actually less than that provided because it lras a private i"ia.;r.J- wondered about the issue of the road being extended to subsequent phases. peter replied that if this-were to becone a public road, the issue courd be dealt with at that tirne.
Diana Donovan moved anil sid seconded to approve the request for a variance to the road with the staf f nem-o- with the f iriaing or special circumstances. The vote was 6-0 in favor.
Diana moved and sid seconded. to recornnend. to Town council approval of the requested arnendment with the change of word.ing shall rrnot exceed" in the height section
,t.J. stated that he sti11 had many of the same concerns tre had before concerning mitigation, conflicting letters in the ErR, Town liability, etc. peter said that tie retters most recently received nade the staff feel much nore comfortable with the mitigation sorution. He added that two rna:_n points were that rnitigation measures are for buildings, not lind., and that Nick Lampiris stated that it was highly rinusual to have nitigation on LOO? of a subdivision.
Larry Eskwith stated that at first it was his desire to have the whole subdivision__mitigated, but that it was really a balancing guestion. He added that in reality the georigic
hazard "-r .t less than shown or tn" fr. More d.iscussion with J.J. on this issue followed. Kristan read a letter fron lampiris which stated that in his opinion this was not a high se-verity rock fall area. J.J. stated that now each person could find an engineer who would require less mitigation.
Larry stated that to tell a developer he could not build on his land could result in a law suit. He felt the Town had looked at both sides and had come to a solution they felt comfortable with. J.iI. still feLt tiSL/49 on the uncornfortable side.,f
The vote was 4-1 in favor, rrith J.J. voting against because of his concern about the safety issue with reipeit to rock fall.
Diana rnoved and Peggy seconded to approve the major subdivision. The vote was 4-L against for the same reason above.
the final review of with J.J. voting
4. A r-egyest to ?meng SDD #5 (VaiL Villaqe fnn) to add nore rgtail Fpace !o phase rv and to@ circulation plan,
ffistaufer
Tom Braun explained the reguest and showed site plans and elevations. There were three requests, to delete a portion of the sidewalk, to add retail space and to expand. a palio area which would result in a decrease of green space. The staff recommendation was for denial except for the patio area with the condition that there be assurance of adeguate space left for pedestrians.
Discussion about the patio followed. Diana felt it would. not be inviting to walk through tab'les. peter agreed. and. suggested that there be some type of physical separation to denote-public walkway.
Saundra Smith, architect for the applicant, discussed the sidewalk situation and stated that the plan was to bury the gravel ditch and put the sidewalk in later.
As for the dining patio, saundra stated that it was not known who the tenants would be, but the owner would like to see a dining patio allowed, and a pedestrian path would still remain.
saundra pointed out that the entry to the praza was four feet wider than originally proposed, aird thus it woutd only be reduced three feet in width from the original plan.
Diana felt the arcade added to the architectural element by its shadows and was important to the appearance of the buildin!.
She felt the sid.ewalk needed to be done now. $Iith respect to the patio, Diana stated that she was specifically told that the trees wouLd stay, but now she had seen some trees removed. She courd not see taking any more landscaping from the corner for a dining patio.
sid agreed that the sidewalk was important and was needed now.With regard to the arcade, he felt it was irnportant to keep the arcade to get people back to other phases of the Wf, plus it offered shelter at the bus stop. Concerning the patj.o, he had no problem with it if there would remain a real leparation for the pedestrians.
Peggy felt somewhat favorable to enclosing the arcade, as she felt people did not see retail windows ttrat were 7 feet back from a pedestrian !,/ay. She felt the sidewalk should not be postponed. she felt the corner lrhere the patio wourd be was a real1y important corner and it should remain a very public area so anyone could sit at the tables.
Peter agreed with Diana and peggy regard,ing the use of the patio. He felt it would be difficult to regulate the use on private property, Diana felt this could. be a restriction of the SDD. Tom suggested a pedestrian access through the patio.Diana felt people would not use a 5r width through a priirate patio. Sandra stated that she would like peopLe to wllk next to the building. Peggy felt that ]-or - t2r in width was necessary for the pedestrian way.
J.J. felt the arcade should remain. that there should be intense landscaping at the corner and a traffic pattern should be worked out to draw people in, rather than turn thern away.
Saundra asked to table the arcade issue.
Tom added the fact that the reguest included a loft addition of 3l-5 square feet that the staff had no problem with.
J-J- rnoved and Diana seconded to deny the request to delete the 65r of sidewalk. The vote for denial was 4-O-1 wi-th Viele abstaining.
Diana moved and Peggy seconded to approve the addition of the loft area. The vote was 4-0-l_ for approval with Viele abstaining.
Diana noved and Peggy seconded to table the arcade and patio issues. Peter stated that direction was needed from the prc re size and location of the sidewalk. J.J. felt the applicant must come back with a specific design. peggy fel_t it was inportant that there be an adequate berrn ana-that the corner look well landscaped.
The vote was 4-o-r- in favor of tabring with viele abstaining.
5.A reqlest for an exterior alteration and a conditional use ps)r$l_r. to arl_sry for agdj_tj.ons to the plaza Lodge.Applicants: Plaza LoQge Associates, Mr. and Mrs. Oscar Tang.
Tom Braun explained the changes requested and reviewed the criteria for exterior alterations and for conditional uses and stated that the staff recorrmended approval of both. The conditional use was for rernoval of ln acconmodation unit on the second froor. Tom added that the applicant would restrict 7 units to the existing use restrictions outlined in section L'7.26.075 (condo conversion regulations). These units are specified on plans filed with the Department of Community Development.
craig snowdon, representing the appricant, showed el-evations and.a_n9-del and pointed out the exterior changes. Jay peterson stated that the building could have been totaily condominiurnized, but the owner wished to renovale, but still operate as a lodge.
Bill Anderson of Beck and Associates explained the construction schedule. Peggy felt the changes were positive, but had concerns about the gas meters not being screened and the d-ownspout needing to be moved further back. craig respond.ed that they would screen the meters and move the d.ownspout,
More discussion followed. Diana felt that it was a good idea to clean the windows even during the construction. niff agreed.
iI .;r. moved and Diana seconded to approve the exterior alteration and the conditional use ieguest re the staff memos dated Augarst 24 with the stipulation €nat the windows be cleaned by Novernber 2L and the gas rneters be screened and the downspout be moved. The vote wAs 5-0 in favor.
t
TO:
FROM:
DATE:
SUBJECT:
Planning and Environmental Cornmission
Community Developrnent Department
August 24, L987
Reguest for a variance to the reguired way width for a minor/private road.Applicant: Lamar Capital Corporation
r.DESCRIPTION OF VARIANCE REQUESTED
The applicant right-of-way feet.
si$$
40 foot right-of-
required
which is 40 rivate street is de ed as rrthose
carry fewer vehicles than loca1 through traffic.lr (Section is distinguished from a d.riveway private access for one or two
The subdivision has been designed to provid.e the reguired paved width which is 22 feet for accels into the sub-divi=ion.
rl.{ te^40. foot
=gh!-of-way
width requirement is not met along a 'l)'* foot length of the road in the southwest corner of the subdivision. The phase rrr parcer is ippioxinatery zs reet in widtt' i. thfE-E&l-
II. CRITERIA AND FINDINGS
Upon review of Criteria and Findings,the rnunicipal code, the Department of reconmends approval of the reguested following factors:
Consideration of Factors:
is reguestinq a variance width for a rninor/private from the
roadway
used pr
right-of-way.or streets -scfe-6f3-I-lley do not carry L7.28.32O) A minor street in that a driveway provides dwelling units.
Section LA.62.060 of
Community Development variance based upon the
The relalio{rship of !he. requested variance to other existing or potential uses and str
The this
o.
easement and the south.
an adequate the property buffer area line and the
negative impacts frorn uffer of
. rt is felt
between the road
adjacent property to
staff finds variance on
that there
adjacent
will be no propert j-es.
rl
I
e roadway easemen
t
treatnent amongl sites in the vicinffihe obiectives o e without qrant of special prr-vJ-1ege.
Staffrs opinion is that some relief from the 4p_foot irement is of the parcel
safety.
The roadway has been safe access into the turn-around areas for to meet Town of Vail has also recommended
Such other factors and criteria as the cornrnission deems
d qeoloqicallv sensitive areas. A najority of the- road-can meet the 40 foot right-of-way width. The only area that is too constrained to a1low for this right-of-way- is in the southwest corner of the property. The portion oi the road that does not rneet the 40 foot right-of-way reguirernent is approximately 70 feet in length. Staff believes that some r-erier tloT tne strl
agreement is warranted due to these constraints- ....--
TTe, ef.fegt of lhe r ht and air,4islribytion of population, transportation Ena-TiaffIE facilit c
The deqree to which relief from the strict and literal int"rpr"t.tion "{td "nf o.t i=necessary to aclrieve compatibility and uniforlnitv of
applicable to the proposed variance.
III. FINDINGS
The Planning and Environmental Commission shall make the followinq findinqs
That the granting of the variance wirl not constitute a grant of special privilegie inconsistent with the lirnitation= oi other properties classified in the same district.
That the granting of the variance will not be detrimental to the pubric health, safety or welfare, or materialry injurious to properties or irnprovements in the vicinity.
That the variance is warranted for one or more of the following reasons:
l
The strict or literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title.
There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the
same zone.
The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district.
IV. STAFF RECOMMENDATION
Staff recornmends approvaL of the reguest based on the opinion that there are special circumstances which warrant the approval of the variance.
O ,,&oi(
lh(
PRE-SUBDIVISION IMPROVM,IENTS AGREEMENT
THIS AGREEMENT dated August 24, 1987, is enrered into
between I,AMAR CAPITAL CORPORATION, a New Jersey corporation ("Subdivider"), and the TOWN 0F VAIL, COLOMDO- ("Toi,irn").
1. Subdivider has submitted to Town for approval a finaL pLat (the "Plat") of Elk Meadows Subdivision (the "Subdivision").
Z. The Plaf is acceptable co Town provided that Subdivider
and Town enter into a Subdivision Improvements Agreement wherein Subdivider shal1 agree ald guarantee that certain inprovements will be done in the Subdivision, the terms of which bgreement have not yet been agreed to.
3.. There presently exists in the Subdivislon a graded but
unpaved road (the "Road").
4. Tom desires to assure itself that certain revegetation adjacent to the Road occurs regardless of whether or not the Plat i3 placed of record.
5. Town desires to assure itself thaE in the event the Plat. is not placed of record by September 1, 1989, EhaE certain regrading and revegetation of the Road itself occurs.
RECITALS
AGREEMENT
In consideration of fhe recitals and the mutual covenants contained hereinafter, the parties hereto hereby agree as follows:
1. Subject to and conditioned upon Town and Subdivider entering into a Subdivision Improveuents Agreement for the Subdivision mutuall$ satisfactory to both parties, Town hereby approves the Plat.
2. Subdivider agrees ro complete, at its sole cosu and expense, on or before September 15, 1987, in a good and workmanlike manner, the ievegetation of the areis in the Subdivision adjacent to the Road sEt thaL were disturbed by construction of the Road. Such revegetation ("Work 1") shall consist of grading of existing topsoil and seeding (with straw or similar cover) with indigenous species of grasses.
3. To secure and guarantee Subdivider's performance of
Work 1, Subdivider agrees to provi-de security to Town in the form
of a cash escrow in ihe amount of $2,500.00 to be held by Town.
In the event Work 1 is performed on or before Septernber 15, L987 ,the $2,500.00 shall iurnediately be returned by Town to
Subdivider. If Work 1 is not performed by Septerrber 15, L987 'Town sha1l give written notice to Subdivider of such event,
stating in detail the specific parts of Work 1 not perforured. -After ieceipt of such n6tice, Subdivider shall have an additional
30 days to tomplete Work 1 and have returned the $2,500-.00 held
by Town. If Subdivider fails to complete Work 1 in such
additional 30 days, Town shall complete Work 1 with such parq o!
the $2,500.00 eslrirw as is needed,-with the balance of such funds
being returned to Subdivider. The $2,500.00 escrowed funds shall
be uJed by Town for no purposes other than completion of Work 1.
Notwithstbnding anything contained in this Agreement to the
contrary, Subdivider sha1l have no obligation with resPect to
Work 1 in excess of the $2,500.00 escrowed funds.
4. If the Plat is not recorded in the real ProPerty records of Eagle County, Colorado, on or before September l,
L989, Subdivider agrees to complete' at i-ts sole cost and
expense, on or before SepEember 15, 1989, in a good and
workmanlike manner, the regrading and revegetation of the Road.
Such regrading,and revegetation ("Idork 2") shall consist. of
grading of existing topsoil to approximate Pre-existing _topography and seeding (with straw or similar cover) with
indigenous species. of grasses.
5. To secure and guarantee Subdivider's performance of
Work 2, Subdivider agrees to provide security to Town in the form of a cish escro'lr tn Ehe amount of $3,000.00 to be held by Town.In the event the Plat is recorded on or before September 1, 1989 'ttre $3,000.00 sha'll irnnediately be returned by Town to
Subdivider. In the event that the Plat is not so recorded and
Work 2 is not performed by September 15, 1989, Town sha1l giye
written notice- to Subdivider of such event, staEing in detail the
specific parts of Work 2 not performed. After receipt of such
norice, Subdivider shall have an additional 30 days to complete
Work 2 and have returned the $3,000.00 held by Town. Lf
Subdivider fails to compleEe Work 2 in such additional-30-days'
Town shall complete WorL 2 wiEh such parL of the $3,000.00-escrow
as is needed, wittr ttre balance of such funds being returned to
Subdivider. The $3,000.00 escrowed funds shall be used by Town
for no purposes other than completion of Work 2. Notwithstal{ing
anything contained in this Agreement to the contrary, Subdivider
strltt have no obligacion with respect to Work 2 in excess of the
$3,000.00 escrowed funds.
6. Tom agrees that Subdivider, at Subdivider's sole discretion, may at any time substitute for either or both of the
cash escrows supplied hereunder an unconditional and irrevocable letter or letters of credit from a financial institution. Upon delivery of such letter or letters of credit, the cash being substituted for shall incrediately be returned by Town to
Subdivider.
,/\
\7.) Prior to the compleEion and acceptance of any work
perfo-?ffed by Subdivider hereunder, Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage happening or occurring to the work specified in this Agreement that is performed by Subdivider, nor shall Town, nor any officer or employee thereof, be liable for
any persons or property injured by reason of the nature of said work, but all of said liabilities shal1 be and are hereby assumed by Subdivider. Subdivider hereby agrees to indeurrify and hold
harmless Town, and any of its officers, agents and employees against any losses, claims, damages, or liabilities to which the
Town or any of its officers, agents or employees may become subject, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any work performed by Subdivider hereunder; and Subdivider shal1 reimburse Town for any and all legal or other
expenses reasonably incurred by Town in connection with investigating or defending any such 1oss, claim, damage,liability or action. This indeurrity provision shall be in addition to any other liability which Subdivider may have.
.tl
\dA7\ , / 8. There shall be a one-year correction period from the -...,YlCv time of completion of the work referred to in this Agreement,
U[(I{)g during which tine Subdivider shall promptly correct or remove and \" replace, in accordance with the Town's written instructions deiective work or materials and conseguences thereof. nepair or , ,,,&replacement made under the one-year correction period shail bear$pff,bt
an additional one-year correction period from tfre acceptance of ^5ttr;fopd the repair or replacement by the Town Engineerff Such work shall etl ,'rtu Ene rePar-r or replacemenE Dy Ene rown l-n8]-neer;c Ducn worK snall Q,,,tM be inspected approximately 60 days prior to the expiration of the W I
one year correction period, and any deficiencies shall be noted #3,4tcr-ro subdivider. 4EI&,^,
9. Subdivider shall, aE all times during the work ;;riry[,
specified hereunder give good and adequate warning to the 4* itlilin(traveling public of each and every dangerous condition existing 0(ca'_uU in the Road, and will protect the traveling public from such bll'* t0,.
,"..rtr.''
i\ ii::I*i:,f"mr:tm':;;:ii':il: ;,i;-fril:l*ij:::g-Iila'Ii'""a :,W#41
t/';u,, performed, the Road, if not accepted as improved, shall be under (Wi ,t
^[1Vr/'1 the charge of Subdivider for the purpose of this Agreement. AVt:*.HAnrr,$'U zu'roD\n Tol',"tr4
IN WITNESS WHEREOF this Agreement is executed effective as of the date first written above.
LAMAR CAPITAL CORPORATION, A
New Jersey corporation
BY:
Vice President
TowN oF VAIL, COLORADO
BY:
Town Manager
ol
To secure and guaranCee pef f orrnance of its obligat,ions
as set forth her e in, the Subdivider ag r ees Eo provide secur i by
and coll,at,eral in the Eorn of a pronissory note i.n the anounl of,
six irundr€d fitteen tbousand Blxt,y-flve dollars (96I5.065.00)
secured by a First Deed of Trust evldencing a first fien on Lot
36r The HomesEeadr Fi11ng..No. 3, accordlng': to the recordea iinat
plat thereof.
3. Substitutlon of CoJ. l.aterel. The Subdivider may at
any time subsCitut€ Eh€ collaEeral orlglnally deposited vri.th !he
County herein, for atrother torrB of collateral acc.eptable to the
County to guarantee bhe falthful conpletion of, those publlc
improvenents referEed !o lrerein and the perfornance of the bertns'
of this Agreenent.
bd,%?Jrrdenni Ey. the shal. l not, nor ' shall any
-of f lcer or employee Ehereof , be liable or responsible f,or any
74t'fr ggr*ty
accldent, loss, or damage happening or occurring Co bhe $orl(
speclf,led 1n t'his lg6qsment, pEior to t'he _conpletion and
TZQrA acceptance of lhe saine, nor ahall the CfiIFtf, nor any officer or
enployee thereof, be liable f,or any gersons or property injureo
by reason of, lhe nature of sald wotrk, buL aII of said
liabilitiee shall be and are hereby assumed by the SuDdlvider.
The Subdivider hereby ag!ees to indemo!fy and hold l/'n harnless the Cr'trtrgl'., and any of its offlcers, agenes and
enployees agalnst, any Iosses, claims, dlurages, or liaoilit,ies t,o
r,rhich Che County o! any of its officers, agents or employees nay
become subject,, insofar as any such losses, claims, damages or
J,iabilities (or actions in respect thereof , Eha ! arise out of or
or are.based upon any perfornance by the Subdividet hereunder;
and the subdivider shall reinburse t,he county for any ancl alI
Iegal or other expenses reasonably incqrred by .th e County in
connection vlt,h investigating or defending any sucn Ioss, cIaim,
-6-
a
danage, liability
in addition r,o any
have.
or action. This indenniEy provision shall be
other liabtlit.y whi.ch che SubdivideE nay
5. Enforcement. It is nubualty. agreedl pursuant !o
the provisions of, SecCion 30-28-137( 3) r C.R,s., !ha! the Coun!y
or any purchase.r 9f,.any. I-ot, Lots, tract or tracCs of Iand
subject to a pr'at, rest,rlcLion which -is the seicurtE,y portion of, a
subdivision inprovenents agreetaent shir,r have the authorlty to
bring an actio:r in auy itlstrrct court, to comper the enEorcement
ot any subdlvislon inprovenenUs agr€;nent. on the .sale,
conveyance or transfer of any such _lot, Iots, t,ract or E,racts
land or of, any other provieron of, that acatute. such authori
shall include E,he right to compel rescission of any sale,
conveyance or transfeE of any Ioc, lots, Eract or !ract8 0f lan(t
cont!ary to !he provisions of any such restrictione seL forth in
the plat or ln any Eeparate recorded ins!runentr but any such
action shall De cotnnenced prior co the issuance of a buildtng
pernit by the County where so reguired.
6. Rel.ease of CollaEeral _lication. It is further
mutualry agreed !hat, pursuant bo r,he provi.sions of, section
30-28-137 (21, C.R.S., as inprovemerE.s are compleEed, tlre
Subdivider may apply to the Coutrty !or a re.lease o.f part or a.Ll
of, the collateral. Upon inspecLion and approval, lhe County
shalr rerease said coJ'laterar. rf the county deEernines Eha t
any of the irnprovenents are not constructed in subst.antiar
conpliance lri!h speciflcations, it shalr furnisb the subdiviarer
a Iist of specittc deficieocies and shall be entitled to
withhold corlaEerar suff,icienc t,o ensuEe.such substanElal
conpliance. rf the county deEernines thau the subdivider wilr
not consgrust any or arr, of t,he inprovement,s in accordance uiEh
al. l. of, t.he speclfications, the county may withdraw and .empJ.oy
:'
by'
-7-
of oo
fron the deposi t of collateral
consEruct the improvenents in
spec if ications.
8B WarranCies.
such funds as
accordance wi lh
may De necessary
the
bo
conlrary, there shall
tine of conpletion of
No!witnslanding any provision to the &4 -c-ttg-year correctlon perlod from the
impr.ovements referred'to in bhis
A
be a
ttie.
Agreenent
conseguenqes thereof. Repa i r or 'otJ
the +rro-year correction peri.od shal. l bear
correcb,ion perlocl fron the acceptance of
che repair or repracernent by th*ffiqsg.*1, Errgineer. The
retien b!r bltc ^garC e € C..utrty gefinisstUnEr$), durtng which tir0e
the Subdivider shall p_ronptly correct or remove.and reglace, in
accordance with the ffiL'written instiuctrons, de!ective
wor k or maLerials and
repl.acernent nade under
/rT r'an additional **d-year
work sharl be c o l 1a t e r a.l. i z e d during the correction period in an
anount and Eype of coJ'lat,eral as shatl be reasonably determined
by the county. such work sharr be inspected approxinater,y sixty
(60) days prior to E.he expiration of, E.he t.wo-year correction
per iod, and any deficiencies shaJ.r be noted !o che subdivider.
8. Approval of p1at,. The County agrees to the
approval of the final plat of The Homestead, tiling No. 3,
subJect. to !he t,erns and conditions of !bis Agreement. The
previous approvar of the county in connect,ion vith the frnar
pl.at of t,he Edwards Village subdivision, as amended by Ehe final
plat of The HomesEead, Fil,ing llo. 3, is also subJecE Eo the
Eerns and condit,ions of, t,his Agreenenc.
9. Amendnent. The parties he re to muCually agr ee Eha t
bhis Agreenenc may be anended from time to tine, pr0vided that
such amendnent ls i'n writing and signed by all parties hereto.
10. Assurnption. this Agreemen! shaIl. be enforceable
against the subdivider, provided, however, that in che event the
subdivider seIIs or E,ransf ers all or part of !he subject,
-8-
't'
',.. ,li
subdivisions' as shown in the f,inar. plats (prior E,o ext.enslve
sales of individually platted Eracts ) , the obligaCion of the
Subdivider under t,hts Agr€enenC as E,o that portion of tb€
subJec! Subdlvislon rnay b€ asauned by the purchaser of Ehe parcel, and subdivider shall have no f,urther obligations
hereunder. It. te agreectr.. honever, that no such. assumpeion of,
these. obligations sharl be eff e.ctive unress the Board of county
Connissloners glves lts prlor approvi.I Co suclr assutilption,
folrowing an investlgatron of che finanqlal coqdttron of the
purchaser
.--,[^dq @ t{arninq or. panqerous'condirions. r-r+s-r{++h€r
ag--'tc !h1r.'-rhe subdivioer sharr, at alr Eimes. ML ,;"-I
',tt/t^/ in'stoY"t"nr o ^I tte t --€a{!n tgc, give good al|d adeguage warning to the traveling publlc
of each and every dangerous condition existing in any of. ehe
Eoads within the subJect Subdivislons, and will procect the
traveling public from such deEective or dangerous conditions.
rt is understood and agreed that, u'til completion 0t arr che
I'mprovenents herein agreed to be performed, each of said roads
not accepted as inprovert, shaI l be under the ch.rtge of
Subdivider for the purpose of thls Agreenent.
12.
.without waiving any rlghl that the county nay have againse ehe original Subdivider of the Edurards Village Subdivision. the
CounCy hereby approves the substltu!ion of the original
sub'rividerr Edwards village partnershrpr and ehe orrginal
subdivision rnpr0venents Agreenent da!ed septenber 30, lggl , t0c that of rhe subdivider heretn and the instant subdivisron
fmprovements Agreernent,. For.thts puEpose, the orlginal
- 9-
OR4F7 Qrrpe ?-/f_gz
PRE-SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT dated August 24, 1987, is enrered into between I-A}4AR CAPITAL CORPORATION, a New Jersey corporation ('rsubdivider"), and the TOI4IN OF VAIL, COLOMDO- ("To;n").
1. Subdivider has submitted to Town for approval a final plat (the "Plat") of Elk Meadows Subdivision (the- "Subdivision").
2. The Plat is acceptable to Town provided that Subdivider and rown enter into a subdivision rmprovenents Agreement wherein Subdivider shall ggree- and guarantee- that certai; improvements will be done in the Subdivision, the terms of which igreement have not yeE been agreed to.
3.- There presently exists in the Subdivision a graded but unpaved road (the ttRoad").
4. Town desires to assure itself that certain revegetation adjacent to the Road occurs regardless of whether or not the plat is placed of record.
5. Town desires to assure itself that in the event the Plat is not placed of record by September 1, 1989, Ehat certain regrading and revegetation of the Road itself occurs.
RECITALS
AGREEMENT
In consideration of the recitals and the mutual covenants contained hereinaft.er, the parties heret,o hereby agree as follows:
1. Subject to and conditioned upon Town and Subdivider gn-tgTilrg.into a Subdivision Improvements Agreement for the Subdivision mutually satisfactory to both parties, Town hereby approves the Plat.
2. Subdivider agrees to complete, at its sole cost and expense, on or before September 15, I9B7 , in a good and workmanlike manner, the revegetation of the arels in the Subdivision adjacent to the Road and rhat were disturbed by construction of the Road. Such revegetation (,'Work 1") shall consist of grading of existing topsoil and seeding (with straw or sj-mr-rar cover) with indigenous species of grasses.
3. To secure and guarantee Subdivider's performance of
Work 1, Subdivider agrees to provide security to Town in the form of a cash escxo$/ in the amount of $2,500.00 to be held by Town.In the event lJork 1 is performed on or before September 15' 1987'
the $2,500.00 shall immediately be returned by Town to Subdivider. If l{ork 1 is noc performed by September 15, 1987,
Town shall give written notice to Subdivider of such evenc,stating in detail the specific parts of Work l not performed.After ieceipt of such nbtice, Sirbdivider sha11 have-an additional
30 days to conplete Work l and have returned the $2,500.00 held
by Town. If Subdivider fails to complete Work 1 in such
additional 30 days, Town sha1l conplete Work 1 with such part of
the $2,500.00 escrolr as is needed, with Ehe balance of such funds
being recurned to Subdivider. The $2,500.00 escrowed funds shall
be used by Town for no purposes other than completion of Work 1.
Notwithstanding anything contained in this Agreement to the contrary, Subdlvider shal1 have no obligation with respect to
Work 1 in excess of the 92,500,00 escrowed funds.
4. If the Plat is not recorded in the real property
records of Eag1e County, Colorado, on or before September 1,
1989, Subdivider agrees to complete, aE its sole cost and
expense, on or before September 15, 1989, in a good and
rrorkmanlike manner, the regrading and revegetation of the Road.
Such regrading and revegetation ("Work 2"; shall consist of
grading of existing topsoil to approximate pre-existing
copography and seeding (with straw or similar cover) rsith
indigenous species of grasses.
5. To secure and guarantee Subdivider's performance of
I.lork 2, Subdivider agrees uo provide security to Town in the form of a cash escrow in the amount of $3,000.00 to be held by Town.In the event the Plat is recorded on or before September 1, 1989,the $3,000.00 shall inrnediately be returned by Town to
Subdivider. In the event that the Plat is not so recorded and
Work 2 is not performed by September 15, 1989, Town shall give
wri.tten notice to Subdivider of such events, stating in detall the specific parts of Work 2 not performed. After receipt of such notice, Subdivider shall have an additional 30 days to couplete
Work 2 and have returned the $3,000.00 held by Town. If
Subdivider fails to complete lJork 2 in such additional 30 days,
Town sha11 complete Work 2 wiEh such part of the $3,000.00 escrow
as is needed, with the balance of such funds being returned to Subdivider. The $3,000.00 escrowed funds shal1 be used by Town for no purposes other than courpletion of Work 2. Notwithstanding
anything contained in this Agreement to the contrary, Subdivider shalI have no obligation with respect to Work 2 in excess of the
$3,000.00 escrowed funds.
6. Town agrees that Subdivider, at Subdividerrs sole discretion, may at any time substitute for either or both of the
cash escrows supplied hereunder an unconditional and irrevocable letter or letters of credit fron a financial institution. Upon delivery of such letter or leLters of credit, the cash being substituted for shall ium.ediately be returned by Town to Subdivider.
7. Prior to the eompletion and acceptance of any work performed by Subdivider hereunder, Town shal1 noE, nor sha11 any officer or employee thereof, be 1iab1e or responsible for any accident, 1oss, or damage happening or occurring to the work specified in this Agreement that is performed by Subdivider, nor shal1 Town, nor any officer or empl-oyee thereof, be liabIe for any persons or property injured by reason of the nature of said work, but all of said liabilities shall be and are hereby assumed by Subdivider. Subdivider hereby agrees to indemnify and hold harmless Town, and any of its officers, agents and employees
agai-nst any losses, claims, damages, or liabilities to which the
Town or any of its officers, agents or employees may become subject, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any work performed by Subdivider hereunder; and Subdivider shal1 reimburse Tovm for any and all legal or other
expenses reasonably incurred by Town in connection with inv-estigating or defending any such loss, claim, damage,liability or action. This indenniry provision shall be in addition to any other liability which Subdivider may have.
8. There shall be a one-year correction period from the time of completion of the work ieferred to in tiis Agf,eement,during which time Subdivider shall prourptly correct or remove and replace, in accordance with the Town's written instructions,defective work or materials and consequences thereof. Repair or replacement made under the one-year correction period shall bear an additional one-year correction period from the acceptance of the repair or replacement by the Town Engineer. Such work shall be inspected approximately 60 days prior to the expiration of the one year correction period, and any deficiencies shall be noted to Subdivider.
9. Subdivider shall, at all times during the work specified hereunder give good and adequate wari,ing to the trav-eling public of each and every dan5ierous condition existing in_the Road, arrd will protecf the traveling public from such defective or dangerous conditions. It is understood and agreed chat, until completion of all the work herein agreed Eo be performed, the R.oad, if not accepted as improveE, sha1l be under the charge of Subdivider for the purpose of this Agreement.
rN wrrNESS WHEREOF this Agreement is executed effective as of the date first written above.
LA}4AR CAPITAL CORPORATION, A
New Jersey corporation
BY:
Michael LauterbaEh,
Vice President
TOWN OF VAIL, COLOMDO
BY:
Town Manager
o o
Art3ten Pr\te-
Town o€ Vor{- P\onner
RE: E\\( tqeOdoWS
The- €oltowunq. \s more- spcc-\€ic-
exp\anoi r-ort UDr the E\ K ueo.dows
re-veqe+o.tion- P\cJ-r iho}- \^lct3
glu.^t i--rt*}\ ve- c-PProva-Q- --Tne. *otd
Vlraeted co-uen d €orne- c-ctn Uu\b\ 5n --Tfre- \owe-r"rclGd" (T,o.tc.rta-Q.- Gr,r be
€pe,t.o.td S.rTn lolgc rocft>.The.
'^rno-t4Ll-o.-Q-" rl)L-lA be- V-CfLI-q-qd O.-!Dor,L.
V- u?e oj3 onot1rer 31te- ot. (*ro,ots9i)
-Iln'e. re-rnoJa rrorLttroJ.- uouLA-
kre tr-rru.,qd ua G- txrngfl \^lr\-e.Ju-'
toP so\\ hc\,e b!.r-r' .9u% uP Ttre,
+cp €D\ l hy-orn tYre. trdncln \Ni \ \
be ep.eCd ove-r t}re e-n*\re-
are.o,.-. -Ttre- Vowe,r rcod t.ht,,t^S
r-e rc*ur-r.ncd to t+o rp..xal A.9-
=lto.Jue- at- or\'+\ nO.-Q- eteva-t'usn.
-9{' wlrt +\re.n bi racccdc-d rruitVr
na)-\^r'-c\L *ca*e&-Tlle urpperr-"roGd" wi!\ be- rrude
i{rto o.- glrortened drl ve-rr-rql4,-
rrrr\tVr \G' widtYr. -T.he. poUon{ped ond tuuun o.rtqLnd r.l.r\\t
be' le.ve.\ed on{ covex-rC
\Nri+\^ +op 3a. -rhc ..*t+\ve-
wr\\- c)(+e.nd On\up V-r3.\€ NO.\+.
+ine- O-ttn--ot- . -Tne- 9-oad " dro-fn
d-tlc-'l'l wt [) De- rnore- de,€rned
C\rd tlre- \oN Fr>rnt w\\t V^rave-
cu-l*vot--f r..t-nde.r' tlne -oc.d -
The- ent\re- P\a*- *qA- be'b\e.,
*l
tC thre-
@ thi-
Line5.Gfher tlrqn tY-re- "d-rvew
t-tsre PO.Xce-\ wr t\ bl- e-n
v\l*€ec-d-l-d to i+3 ncilr.l\o.A-
qrc-xebe3 -
ou/t ruoundrnc,y bo\-.\-tlc\
.o,g.-l- bL nO'o.brt-,\Pf
|eCg..-€\ .t-a,l.+ o'.-r.brni
tn tor6rnorr5 *e.r tTri
Bvad I { 3Lt{r9.n \occ
/
t)r
TO:
FROM:
DATE:
SUBJECT:
oriqinal SDD
Units 9
Type 2 duplex, 5 single farnily
GRFA: L,77'1 per unit
On Julv zr iqsz, the ordinance approving the Special Development District for Elk lqeadohrs was given final_ approval by the Town Council. The Planning Cornrnission may approve minor changes to a special develoinent district.- The requested changes to Special Development District #j-6 are listed below:
Proposed Amendments
7
7 single farniJ-y units
2,285 per unit
Essentially, the applicant is requesting to decrease the density of the subdivision. The total unit nunber is being decreased from 9 to 7 units. L0 units are actually allowed under the original zone designation. The project would have 7 single dwelling units instead of 2 duplex units plus 5 single family units. The GRFA for the project would change to 2,285 sguare feet for each single farnily unit instead of 1,777 GRFA per unit. The total GRFA allowed for the project is 16,000 sqnrare feet. The total GRFA proposed would be 15,995 square feet.
STAFF RECOMMENDATION
ndments. Our opinion is that the decrease in density should be viewed as a positive
J.mprovement due to the sensit,ivity of this site. Attached to thls merno is the revised Special bevelopnent District #l_6 ordinance. Please note that additions have been typed in all capital letters and underlined. A line is drawn thiouqh portions of the ordinance that will be omitted. The oiiginal ordinance creating the sDD is also attached to this memo for comparison purposes.
v u q,y,lDfuffi
\0(04*r r*r/ Q!9
Plannins and Environmentat commissior t\ fr!!_Wf*"-
community Developrnent Departmenr " ry&r6uhJ Ausust 24, LesT -q-\ " S^[f
Amendments to special Development District #16, Elk$tDd Meadows - ^--i!-' \1{'Jx Applicant: Lamar Capital Corporation
ORDINANCE NO. 19
Series of 1987
AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT OISTRICT
(KNOHN AS 5001,6, ELK MEAOOI,TS) AND THE OEVELOPMENT PLAN
IN ACC0RDANCE l,lITH CHAPTER 18.40 0F THE VAIL MUNICIPAL
CODE AND SETTING FORTH DETAILS IN REGARD THERETO
I{HEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special
Oevelopment Distri.cts within the Town; and
IIHEREAS, Lamar Capital Corporation has subniitted an application for a Special
Development approval for a certain parcel of property within the Town knont-as The
Va'l 1ey, Phase III, part of Parcel'A, Lion's.Ridge Subdivision Filing No. 2 to be
known as Special Development Distrjct No, 16; and
WHEREAS, the establishment of the requested SOD 16 will insure unified and
coordinated development within the Town of Vail in a manner suitable for the area
in which it is situated; and
l.lHEREAS, the Planning and Environmental Comnjssion has recommended approval of
the proposed SDD; and
WHEREAS, the Town Council considers
beneficial to the Town and its citizens,
such Special Development District No. 16:
that it is reasonable, appropriate, and
inhabjtants, and visitors to estab'lish
NOl,l, THEREFORE, BE IT ORDAINED 8Y THE TOWN COUNCIL OF THE TOI..IN OF VAII,
COLORADO, THAT:
Section l. Amendrnent Procedures Fulfjlled. Plannjng Commission Report.
The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have
been fulfjlled, and the Town Council has received the report of the Planning and
Envinonmental Commission recommending approval of the proposed developnent plan for
Special Development District No. 16.
Section 2. Special Development District No. 16.
Special Development District No. 16 (SDO 16) and the development plan therefore,
are hereby approved for the deve'lopment of Phase III, The Valley, part of Parcel A,
Lion's Ridge Subdivision Filing No. 2, within the Town of Vai'l consisting of 3.6
acres.
Section 3. Purpose
Special Development Distrjct 16 is established to ensure comprehensive development
and use of an area that wjll be harmonious wjth 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
Municipal Code. As stated in the staff memorandum dated June 8, 1987, there are
signifjcant aspects of Special Development Distri ct 16 which are difficult to
satisfy through the imposition of the standards of the Residential Cluster zone
djstrict. SDD 16 allows for greater flexibility in the development of the land
than wou'l d be possible under the current zoning of the property. In order to help
preserve the natural land 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 buiId'i ng envelop.es wi|| also permit the phasing
of the development to proceed according to each individual owner's ability to
construct a residence. SDD16 provides an appropriate development plan that
maintains the unioue character of this site given the difficult site constraints
which must be addressed in the overa'l 1 design of the project'
Section 4. Development Plan
16 is approved and shal1 constitute the plan for
Developmertt District. The development plan is
ted by Lamar Capital Corporation and consists of the
I
be finalized at the major subdivision final plat
velopment plan for SDD
nt wjthin the Special
of those plans subrnit
documents, which will
n9lne ae
deve I opme
I
coFpri sed
fo1 I owi ng
I
I rjvrew:
l 1.
u?D\rE ftuqL \UrD0fn{rr0il
ELK MEAOOI^6SUBDIVISION PHASE III. THE VALLEY. FINAL PLAT. A
EAGLE VALLEY ENGINEERING AND SURVEYING. MR. LELAND LECHNER, SURVEYOR
AUGUST 6. 1987.
2.EIK MEAdOWS SUbdiViS'iON PhASC III: FINAL UTILITY PLAN. PART OF PARCEL A
LIONSRIDGE SUBDIVISION. FILING NO. 2. EAGLE VALLEY ENGINEERiNG AND
SURVEYING, FEBRUARY 23l 1987.+reliminary llan B+il4ing Envelopes an+
e-++Hhe-fHffi rttary-2 3;{ 98h{tlr'.
-gee-+eenner-€elorade+egistered +and-5ttwelor.
3. Elk Meadows Subdiv.i sion 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, AUGUST 6. 1987 Jrr++g$a8l-
El k Meadows Subdi vi si on, Phase I I I FINAL +++1-i'tnjrqa+y Dra inage Plan, Mr.
Don Pettigrove, P.E., AUGUST 6. 1987 J*pe-*9€i7-
ELK MEADOI.IS SUEDIVISION, PEASE III. FINAL ROCKF AND SLOPE ANALYSIS
RESUBDIVISION OF PART OF PARCEL
4.
5.
suRvEYING, FEERUARY a3,_19€Z
NGINEERING AND PLAN. MR. LELAND J. LECHNEE. SURVEYOR, EAGLE VALLEY
7.-Environmental Impact Report submitted by
Inc. ,-{'laH-l-- t gg7- AUGUST 5, 1987 whi ch
Rockfal I Mitigation Requirements.
Mr. Peter Jamar, Associates'
includes Desjgn Guidelines AND
fellewing letters are also sart of the-FfP.-
( a. tetter frem: llr: EorFettiErove; l:E: to
I
\ r", lqRT Re: preliminary drainage pl
F'l k r"leadows Subdivisien
d.
0th 8.
Jungl5, 1987 re: Elk tleadows Subdivjsiorr; Roekfall
19e7, Re; Efk t|ea
,
er general submittal documents that defjne the development standards
of the Special Development Distri ct.
The development plan shall adhere to the following:
1. @igg: The total acreage of the site is-3-6-3.619 acres
proposed to be:2. Permitted Uses: The permitted uses for the site are
a. Single family residential dwellings
b. Open space
c. Public and private roads
Conditional Uses:
a. Public utility and public service uses
b. Public buildings, grounds and faci lities
c. Pubiic or private schoo'l s
d. Public park and recreation faci'l ities
e. Ski lifts and tows
t . Pr i vate cl ubs
g. Dog kennel
Accessory Uses
a. Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming poo1s, patios, or recreation faciljties
customariy incidental to single-family or two-family residential
uses.
B.
3.
4.
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. 0ther 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. Bui lding Envelopes
/ 1. *7.0647 acres, 1 single family unit
I
\ z. r€+ .0617 acres, 1 single family unit
\
^ ') 3. *6.0534 acres' I single family unit u/l' . "*-rJrlJB ^o'. 4. .4+ .0483 acres, 1 single fami1y unit
0.\\- ^M .lr.trA \ E .+e.0929 acres, f_dtfl€*++* 1 SINGLE FAMILY UNIT rlv" v
l' 6. .€&.0641 acres, t...d{f]+|(-t*+i+ I SINGLE FAMILY UNIT
i I l. re+.0498 acres, 1 singl e family unit
\ b. Tract l; €#1!!!! acres open space AND DRAINAGE EASEMENT
"\c. Tract ?: .6*7 .6927 acres private access road and parking ..-
6. Setbacks - Minimum setbacks for the location of structures in relation to
building envelope permimeter lines shall be as follows:
a. No structure shalll be located on the utjlity easement as so
designated on the final plat of the subdivision.
b. No structure shall be located less than two feet from either the east
or the west perimeter line.
c. No structure shall be located less than three feet from the north
oerimeter 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 long as such roof overhangs and decks are totally within the
perimeter Iines of the building envelope.
7. Density: Approval of this development plan shall permit ni+e{+) SEVEN
lZ) dwell ing units rrhjeh ineludes 5 single family dwelling units.ana4.4+p+ett
urti+s.
A bujlding situated on a single unit residential building envelope shall
not contain more than fr71 ?,285 square feet of GRFA. @
ffi *iitg- €frve-lope-sHFn#enbrin- norsffiSq-W
€Rtr.
8.
9.
two being
10. Landscaping: The area of the sjte to be landscaped shal] be as indicated
on the preliminary landscape plan. A detai'l ed landscape plan shall be submjtted to
the Oesign Review Board for their approval . The,Design Review Board approved final
'landscape pian shall represent the general subdivision's landscape requirenents.
' The entire portion of the building envelope not covered by pavement or
buildings shall be landscaped as well as any areas outside the bujlding envelope
djsturbed during construction.
11. Oesisn Guide'l ines: The Design Guidelines shall be submitted to the Design
Review Eoard for their approval . The ORB final design guictelines shal 1 represent
the approved design guidelines, Design guidelines for the site are as follotvs:
a. Roof pitch sha]l be.BETWEEN 4 feet in 12 feet ANo 6 FEET IN tz FEET*
lr b. Roof material shall be METAL STANDING SEAM oR A METAL sTAMpEo CALIFoRNIA*
TILE FORM and be .irn.r. charcoal grey or DARK NAVY blue in colorV I
n c. Siding material shall be either cedar or redwood and shall be applied
horjzontally as indicated on the prototypical bui lding elevat.i ons. 0nly light
colored stain shall be apptied to siding.
d. Either stucco or siding shalt be applied to exposed concrete foundation
walIs. If stucco is utj'l ized, it shall be'l ight jn color.
e. All windows shall be white metal clad windows.
f. Al'l 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. Recreatjon Amenitjes Tax: The recreation amenjties tax is g.30 per square
foot.
13. Protective Covenants: Prior to major subdivjsion final plat approval , the
developer shall file protective covenants on the'l and records of Eagle County which
wil'l provide that each owner that builds a structure on a designated building
enve'lope sha1l comply with the design guidelines and rockfall mitjgation \l
requirements as outlined in the EIR by Jamar Associates +4a3r_f-l August 5, lgSThopies of
the guidelines and mitigation requirements shall be avajlable to prospective
purchasers at the Community Development Office and Developer,s offjce.
euitdinq Heiqtt Buildins heisht .h"tt''*l$L fol a-slq or jD &,1( r".k+tod
^Parking: Two parking spaces shall be provided per unit with one
",,l
tn.yeto(
enclosed PLUS ONE GUEST PARKING SPACE IN THE COMMON PARKING AREA*. \
The covenants shall also state that an onner may choose to have another
qual ified engineer,/geo'l ogist design appropriate rockfal'l mitigat'ion measures, as
long as the mitigation solution does not have negative visua'l impacts and is
approved by the Town of VaiI Community Development Oepartment and Town Engineer.
The covenants shall a'lso provide in regard to the covenant dealing nith
design guidelines and rockfall mitigation that the Town of Vail shall have the
right to enforce the covenant and that the coyenant may not be amended or deleted
without Town of Vai'l approval. :
The protective covenants shall be approved by the Town of Vail Attorney,
prior to major subdivision final plat approva.l .
Section _!. Amendments
Amendments to the approved development p'l an which do not change its substance may
be approved by the Planning and Environmental Commission at a regularly scheduled
public hearing in accordance with the provisions of Sectiorl 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 plan.
Section 6. Expi ration
The applicant must begin construction of the Special Oevelopment 0istrict yithin 18
months from the time of its final approval, and continue ditigently tolard
complet'ion of the project. If the applicant does not b.egin and diligently rvork
toward the completion of the special Oevelopment 0istr.i ct or any stage of the
Special Oevelopment 0istrict within the time Iimits imposed by the preceding
subsection, the Planning and Environmental Commissjon shall review the Special
Development 0istrict. They shall necommend to the Torvn Council that either the
approval of the Special Development District be extended, that the approval of the
Special Deve'l opment District be revoked, or that the Special Oevelopment Distrjct
be amended.
Section 7.
If any part, section' subsection, sentence, clause or phrase of this ordjnance is
for any reason held to be invalid, such decisjon shall not affect the validity of
the remaining portions of this ordinance; and the Town Councjl hereby declares it
would have passed thjs ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regard'less of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared jnvalid. r.-l
TO:
FROM:
DATE:
SUR'ECT:
APPLICANT:
Planning and Environmental Commission yL-s'i
community Development Departnent ti-\r rJ l\b
Ausust 24, Ls87 W firl*
Final review of the Erk Meadows subdivision tdfl[
Lamar Capital Corporation
I.THE REQUEST
The request is basicatly the same as the previous major subdivision review by the Planning Commission on June B,L9a7. Since the PECrs review, the following minor changes have been made to the project:o
@
(3.The GRFA per unit has changed from
2 duplex units
^------r=---.---=-ramrly clwel-lrng
The mix of units has been changed from and 5 single fanily units to 7 single -Eiilts. .-.---.-
to 2,285 scruare feet. This changE
@runit, as th6
The number of dwelling units has been reduced frorn 9 to 7.
dwelling units has been decreased.
The square footage for Tracts I and 2 and each of the 7 building envelopes has been adjusted in the following manner:
Building Envelopes
original
No. I .07 acres No. 2 .O7 No.3 .06 No.4 .05 No. 5 . l-0 No.6 .08 No.7 .05
Tract I 2.530
Open space and drainage
Tract 2 .6927
Road and parking easement
Proposed
.0647 acres
.o6L7
.0534
.0483
. 0929
.0641_
. .0498
2 .4L90
easernent
L,77'7 sguare feet
crea es an
A-
Q.D The design guidelines were arnended by the Design
-' Review Board in the following ways:
' Roof pitch shall be between 4rLZ and G:t-Z.
1 Roof materials shall be metal standing seam or a 'l metal stamped California tile form and be either
/ charcoal grey or dark navy blue in color.
I The guideline which related to decks and balconies \ has been omitted from the ordinance.
The following letters have been added to the environ-mental inpact report:
Letter from Mr. Don Pettigrove, p.E., 6/L2/87
Letter from Mr. Nicholas Lampiris, ph.D. , 6/15/97
Letter from Mr. Don Pettigtrove, p.E., 6/16/97
Letter from Mr. Nicholas Lampiris, ph.D. , 6/18/87
(-iaaitional landscaping has been added at the
4lpubdivision entrance, and the four guest parking
)/spaces on the southwest portion of the site have been
Y removed.
,/-\(81 ) The Planning Commission I s five conditions of approval -..-.--'l have aII been addressed by the applicant.
l-. ' The development of each building envelope will , comply with the environmental irnpact report,
. ,especially the design recommendations cited by
W *^ Vt .. Dan Pettigrove in a letter concerning o .n,^NIU design nitigations for rock fall hazards. Each
UV/*' individual owner witl be responsible for
r completing the rockfall rnitigation measure per \, the Pettigrove letter. Studies will rneet the \standards outlined in Section 18.69.O52 of the ,Town of VaiI zoning code. An owner may choose Ito have another qualified engineer/geologist
' design appropriate rockfall mitigation measures,
. as long as the nitigation solutj_on does not have ' negative visual irnpacts and is approved by the I Town of Vail Cornmunity Development Department
\and Tohrn Engineer.
The proposed prelirninary J-andscape plan and design review guidelines will be reviewed bv the Design Review Board for their approval befole final plat subrnittal .
a
OL
6'The applicant agrees to revegetate the access road if the general subdivision j-mprovements are not completed by September 1-, 1989. ceneral subdivision improvements are defined in Section
L7.]-6.1-50 of the Town of Vail Subdivision
Regulati-ons.
The declaration of protective covenants for the EIk Meadow Subdivision 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:
rrGuidelines for the developrnent of the building envelopes and tracts sha11 be adopted by the Committee, which shal1, amongl other things,interpret and/or implement the provisions of these protective covenants. Guidelines may be
amended from time to time with the rnajority vote of approval from the Committee and approval of the Town of Vail Design Review Board. The guidelines will be available from the chair of the Design Committee and Town of VaiI Cornnunitv
Developrnent Department. rr
The following engineering information will be submitted to staff by June 15, Lga7.
a.
h
c.
The revised rnaster drainage plan.
The preliminary plan will be revised to
show the new turn-around dirnension on the west end of the property .
The road plan will have an engineerts stanp. The preliminary plan will be adjusted for square footage totals due tot he removal of the four guest parking spaces on the west end of the project.
A letter from Nick Lampiris will be submitted to address the rock fa1l desicrn reguirements. A graphic sha1l be subnitted.
Gas line and fire hydrants will be indicated on the utility plan in the appropriate areas.
d.
e.
Jr-,.) r'-**,
!\'1 \'r*i ,\
Ft't'
o The applicant has provided
cash amount of the Town of Vail with a to cover the revegetation wax. In addition, this evQgetate the access road
imtr{rovements are not nr1.
I
Glo+ ts l'1n ,-- I r
1t.. r.i' ,11
und the road
be used to r subdivision
ptember 1, l-
of the area aro
money may also if the general
completed by Se
A variance is required for the road right-of-way (see
attached memo).
IT. STAFF RECOMMENDATTON
Staff recommends approval of the major subdivision. We feel that the additional information and minor ctranges that reduce the density of the project are favorable. Our opinion is that the proposal meets the requirements set forth in the rnajor subdivision criteria which r'rere originally outlined in the June 8, L987 staff memo.
(Please see attached 6/8/87 PEC nemo. )
The applicant and staff will work out a dollar anount for #9:-:-
?'
LAMAR CAPITAL CORPORATION, a New Jersey corporation ("Declarant"), is the record and beneficial owner of all of the
real property within that certain subdivision denominated Elk
Meadoizs Subdivision located in Eagle Gounty, Colorado, the final plat of which \das recorded in Book
-
at Page
-,
of _ che
lecords in the office of the Glerk 66i[ Recorder-6-f Eagle County,
Colorado.
Declarant does hereby make, publish and declare that
Ehe following terms, covenants, conditions, easements'restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land, shall be a burden and a
benefit to Declarant, its successors and assigns, the Town of
Vail, as to certain restrictions, and any Person or entlty
acquiring or owning an interest in the real proPerty des-cribed
above and all other real property which is or becomes subject to
this Declaration and improvements built thereon, their grantees'
successors, heirs, personal representatives, devisees or assigns.
1. DEFINITIONS: As used hereJ-n, the following words and
terms shalf-have the following meanings:
DECLARATION OF PROTECTIVE COVENANTS
FOR
ELK MEADOWS SUBDIVISION
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.") (Resolutionr') of the Town of Vail, Eagle
County, Colorado.
A Building Envelope which can be used solely for residential purposes and upon which not
more than one building containing not more
than one single fanily dwelling unit (as
defined in Section 18.04.080 of the Zoning Resolution), and containing not more than one
enclosed garage, may be constructed.
OPEN SPACE TRACT Tract 1, which shall remain in its natural
and undisturbed state or be landscaped in a
manner approved by the Design Review
Cosulittee, as hereinafter defined; provided,
however, that an Open Space Tract may have
constructed and maintained thereon utilities
SUBDIVISION
BUILDING ENVELOPE
TRACT
SINGLE UNIT
RESIDENTIAL
BUILDING
ENVELOPE
DESIGN REVIEW
COMMITTEE
and drainage facilities in areas as so
designated on the final plat of the
Subdivision.
A group of three persons who shall be
responsible for the administration and
enforcement of these Protective Covenants and
other Design Guidelines, if any. Such
persons shall be appointed by Declarant. The
Design Review Comnittee (sometimes referred to herein as the "Cornnit,tee") shall, anong
other things, review and oversee the
development of the Building Envelopes and
Tracts with regard Eo site design,
DESIGN GUIDELINES
ROAD TRACT
OIdNER
ASSOCIATION
COMMON EXPENSES
architecture and landscaping. Any action'
decision or approval to be given by the
Corrmittee shall require a majority vote of its members. Should Declarant, at any Eime
within 30 days after receiving written notice of a vacancy in the Conrmittee having occurred for any reason whatsoever, fail to appoint a
new member to the Comrittee to fill a
vacancy, the Ovmers by a majority vote sha11
designate such new member to the Committee,with an 0wner having one vote for each
Building Envelope owned.
Guidelines for the development of the
Building Envelopes and Tracts shall be
adopted by the Conrmittee, which shall' among
other things, interpret and/or implement the provisions of these ProtecEive Covenants.
Guidelines mav be amended from time to time with the majolity vote of approval fron the
Corurittee and approval of the Town of Vail
Design Review Board. The guidelines will be
available from the chairperson of the
Comittee and Town of Vail Comtunity
Developroent Department.
Tract 2, which can be used sole1y (i) to
provide a private road and right of way for
private use as ingress and egress from each bf tn" Building Eivelopes to-Lion's Ridge
Loop, a public road located in Eagle County,
Colorado, (ii) to provide for vehicular
parking in areas as so designated on the final plat of the Subdivision, and (iii) 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 or for
vehicular parking; provided, however, thaE
the Road Traet. may have constructed and
maintained thereon utilities and drainage facilities in areas as so designated on the final plat of the Subdivision.
Any individual , corporation, partnership,
association, trust or other legal entity, or
combination of 1egal entit.ies, which is the
record olrner of an undivided fee simple interest in one or more of the Buildtng
Envelopes.
The Elk Meadows llomeowners Association, a
Colorado nonprofit corporation.
A11 expenses expressly declared to be cormon
expenses by this Declaration or by the bylaws of the Association; all other expenses of
administering, servicing, conserving,
managing, maintaining (including, without limitation, snow removal and landscape
maintenance), repairing, improving or
replacing the Open Space Tract, the Road
Tract and improvements located thereon;
insurance premir:urs for the insurance carried
under Paragraph 10 herein; and a1I expenses
1awfully determined to be cormon expenses by
the board of directors of the Association.
This Instrument and all amendments or DECLAMTION
FIRST LIENOR
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 paynent of
which is secured by a first mortgage or first
deed of trust encumbering an interest in a
Building Envelope. "Mortgage" shall include
a deed of trust, and "mortgagee" shall
include the beneficiary of a deed of trust.
2. GENEML PURPOSES: These covenants and restrictions are
made for t@eating and keeping the Subdivision,
insofar as possible, desirable, attractivQ, beneficial and
suitable in- architectural design, materials and appearance,
guarding against fires and unnecessary interference with the
iatural-beluty of the Subdivision, and providing ingress and -,egress from ail Building Envelopes in the Subdivision to a public
road, all for the mutual benefit. and protection of the Owners.
3. USES: A11 Building Envelopes in the Subdivision shal1
fall within-TFe following laid use dlfinitions:
Single Unit
Residential Building
Envelope
Open Space Tract
DEFINITION
Road Tract
APPROVAL OF
LOT DESCRIPTION
Building Envelopes
r1213,4,5,6 and 7
Tract. I
TracE 2
4.CONSTRUCTION PLANS: (a) No building or
@ected, or maintained on
any Building Envelope, nor shall any addition thereto or
alteration or change Eherein be made until- complete plans and
specifications (including, but not limited to, a -co1o! rendering
and/or a model, floor plans, elevations, site and grading plans,
provisions for off street parking and locations of driveway
access, landscaping plan, the speeification of Principal e{terior
materials, color schemes and the location and the method of
utilization of all utilities) have been submitted to the
Conrmittee and by it approved in writing. In addition, 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 Envlronmental ImPact Report-by
Janiar Associates dated August 5, 1987. Copies of the guidelines
and mitigation requirements shall be available to prospective
purchasers from the Town of Vail Corrmunity Development Department
and from the Connittee.
Each owner may choose to have another qualified
engineer/geologist design appropriate rockfall rnitigation
measures,-as long as Ehe nitigation solution does noL have
negative visual impacts and is approved by the Town of Vail
Coirrunity Developmlnt Department-ind the town of Vail Engineer.
The Town of Vail shall have the right to enforce the
covenants and all requirements within subparagraph 4(a) herein.
The covenants and requirements contained in subparagraph,4(a)
herein may not be anended or deleted without Town of Vail
approval .
(b) Owners are encouraged to consult \^lith the Comtttee prior to and during the preparation of gqch plans and
bpecifications in order to avoid withholding or detay in
approval .
(c) If upon the expiration of 30 days fron the date of the
submittal of plans and specifications to the Comittee by an
Owner, the Cosrtrrittee has taken no action, the plans and
specifications will be considered approved by the Committee and
the Owner may cosmence construction only after obtaining the
applicable governmental zoning and building permits.
(d) The Conrmittee shal1 be authorized to levy a reasonable
charge, not exceeding fifteen cents for each square foot of
G.R.F.A., 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 enforcemenE of these
Protective Covenants.
(e) Upon the approval of plans and specifications, the,
Owner shall- be requiied to escrow funds for the completion of
1-andscaping items and materials that are to be installed by the
0wner. -Escrowed funds will be returned to the Or+rner afBer
landscaping has been in place in satisfactory condition for a one
year period.
(f) In passing all such plans and specifications' tle
Couurittee shall take into consideration the suitability of the
proposed building or other structure and the materials of which -it is to be buili Eo the Building Envelope upon which it is to be
erected, Ehe harmony Ehereof with the surroundings and the effect
of the building or other structure, as planned, on the outlook
from adjacent or neighboring Building Envelopes.
(g) The Couurlttee's goal is to create, for the entire
Subdi-vision, a compatible and homogeneous architectural quality
harmonious with the character of the area.
(h) The Cornurittee sha1l use reasonable judgnent in passing
upon all such plans and specifications, but the Cornnittee shall
not be liable to any person for its actions in connection with
submitted plans and specifications, unless it be shown that the
Cornoittee acted with malice or wrongful intent.
(i) The following specific restrictions shall govern
construction on and use of any Building Envelope.
(i) DENSITY: a building situated on a Single Unit
ResidentiaT-ETlTiling EnvelopE shall not contain-more than
2,285 square feet of G.R.F.A.
(ii) SETBACK REQUIREMENTS: Minimum setbacks for the
location offilations to Building Envelope
perimeter lines shall be as follows:
(aa) No structure sha1l be located on the Utility
Easement as so designated on the final plat
of the Subdivision.
(bb) No structure sha1l be located less than two feet from either the east or the vlest perimeter line.
(cc) No StrucEure shal1 be located less than Ehree feet from the north perimeter line.
(dd) NotwiEhstanding anything contained
hereinabove to the contrary, roof overhangs
and decks may encroach into the setback areas
described in subparagraphs 4(i)(ii)(bb) and 4(i)(ii)(cc) herein so long as such roof
overhangs and decks are totally within the
perimeter lines of the Building Envelope.
(iii) BUILDING HEIGHT: No structure located within the
SubdivisionT[ET1Effi[-at any point on the structure'
three stories or 33 feet in height (as defined in Section
18.04.170 of the Zoning Resolution), whichever is less.
(iv) PARKING AND ACCESS REQUIREMENTS: (aa) One off
street par ll be Provided on
each Building Envelope with such off street. parking spaces
being required to be provided in enclosed garages.
(bb) No off street parking spaces on any Building
Envelope shall be allowed outside of an enclosed Earage'except for up to one space locaEed innediately in front of
and tontiguous to the doors of an enclosed eatage located on
the Building Envelope.
(cc) A11 driveways and parking areas in the Sub-division shall be paved and Lhe maximun permissable driveway
or parking grade shall be 8.0 percent.
(dd) All vehicular driveways and vehicular ingress
and egress access to each and every Building Envelope shall -be restricted to access which comes directly off of the Road
Tract and no such access to a Building Envelope shall be
allowed directly off of Lion's Ridge Loop road.
(v) LANDSCAPING: The concern of the Cornmittee shall
be to impr6Te r-hE-rratural appearance of the Subdivision and
the maintenance of such appearance. Owners and their
representatives or builders will be required to:
(aa) Mininize 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 Cosmlittee.
(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 protecE topsoil, rock formations
and unique landscape features.
(gg) Sod such areas as determined by the
Conmittee.
The Cornmittee shall require complete landscaping p1ans. As part of such landscaping plans, each Owner shall be required to submit complete plans for the landscaping of all portions
of the Open Space Tract that are within 10 feet of the
perimeter lines of such Owner's Building Envelope, and it
shall be the obligation of such Owner to complete such
landscaping of the 0pen Space Tract. The Owners will be
encouraBed to make adequate provisions for landscaping costs in their overall consEruction budget.
(vi) WATER AND SANITATION: Each structure designed for
occupancy or use ETurnanffigs shall connect with water
and sanitation facilities made available by Upper Eagle
Valley Water and Sanitation District or any other similar
governmental or quasi-governmental entity. No private we1ls
shall be used as a aource of water for human consumption or irrigation.
(vii) ELECTRICAL AND TELEPHONE SERVICE: A11 electrical
to the Building Envelopes will be and telephone service
plaeed underground.
(viii) EASEMENTS:
reserved affiiiffi-Tr
Subdivision.
Easements and rights of way are hereby
described on the final plat for the
(ix) SIGNS: No signs' bill
structure ffiEy kind sf,all be e
rnaintained on any Building Envel
whatsoever, except such signs as
Cormittee.
boards, or other advertising rected, constructed or
ope for any purpose
have been approved by the
(x) FENCES: Design and location of fencing shall be
submitted to tnd approved by the Conrmittee prior to
installation.
(xi) TRASH: No trash, ashes or other refuse shall be
thrown or Fped on any land within the Subdivision. There
shall be no burning or other disposal of refuse out of doors. Each Owner-shall provide suitable recePtacles for
the temporary storage and collection of refuse and all such
receptatles sha1l be placed in enclosures attached to the
buildings so that such receptacles shall be screened from
the public view and protected from disturbance.
(xii) LIVESTOCK: No animals, livestock, horses or
poultry of-EfrflElntt (except dogs, cats and other
domesticated pets for household enjoynent, not for
conrmercial purposes and not to exceed two in nr:mber may be
kept by an Owner so long as such Pets are not a nuisance to
any other Owner) shall be kept, raised or bred in the
Subdivision.
(xiii) PETS: Household pets, such as dogs and cats' must
be containE?ffipon an Owner'-s Building Envelope. Owners may not construct a fenced run on their Building Envelope. PeEs
sha1I not be allowed to 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 must have said
dogs under their direct control by use of a leash not to
exceed ten feet in length.
(xiv) TE!'IEOIU\RY STRUCTURES: No temPorary structure,
such as a ffibile homb or tent shall be
permit.ted in the Subdivision, except as may be determined to
be necessary during construction and specifieally authorized
by the Coumittee in writing and in accordance with the
regulations of the appropriate governmental entities.
(xv) TREES: Trees naturally existing uPon any _Building Envelope or upon any Tract shall not be cut, trinrmed or
removed from the Building Envelope or Tract without the prior approval of the Comrittee.
(xvi) TELEVISION ANTENNA: Exterior mounted,ELEVISION ANTENNA: Exterior mounted, exposed ffiill not be permitted within the television Subdivision. Such antennae, if installed, must be concealed
from public view.
(xvii) SCREENING: Fuel tanks, electric meters, garbage
areas, cloEEET[frE, boats, co tercial trucks, trailers,
campers, motor homes, ATV and recreational or inoperable vehicles, air conditioning equipment, television and radio
anEennae and ottrer related features must be screened or
enclosed from view from surrounding Building Envelopes and
properties.
(xviii) SPARK ARRESTORS:arr cnr-mnevs .
Spark arrestors are mandatory on
(xix) OIITDOOR LIGIITING: A11 outdoor lighting cones
under the jurGiliEFion oF-the Conurittee.
(xx) REPAIR OF VEHICLES: No work of automotive repair
shall be p@ithin the Subdivision excePt
within private garages.
(xxi) ACCESSORY STRUCTITRES AND GREENIIOUSES: Accessory structures ction
materials and quality as principal buildings. Greenhouses
must be constructed of permanent materials and must be a
part of the residential structure ot Sarage and may not be a
free standing building.
(xxii) CONTINUITY OF CONSTRUCTION: A11 structures co enced Prosecuted diligentlY to completion and shall be completed within Ehe twelve
months of commencement unless excePtion is granted in writing by the Connittee.
(xxiii) NUISANCE: No noxious or offensive activity sha-ll
be carried-n wftEin the Subdivision, nor shall anything be
done or permitted which shall constitute a nuisance therein.
(xxiv) STORAGE 0F MATERIALS AND lgIPMEl{I: Owners and
contractor ion materials
and equipment on the approved construction site during the
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 materials or equipment
other Owners' Building Envelopes, on the Open Space Tract
on the Road TracL.
(xxv) DEBRIS AND TRASH REMOVAI: Owners and contractors shall clea@s on the construction site at the end of each day. Trash and debris shall be removed
from the site at least once a week to the closest solid
waste disposal site approved by Eagle County. Oluners and
contractors are prohibited fron dr:mping, burying or burning
trash anywhere in the Subdivision.
(xxvi) SANITARY FACILITIES: Each Owner and contractor shall be r@iding adequate sanitary facilities for his construction workers.
(xxvii) PARKING AREAS: Construction crews and other
construction personnef-shall not park on the Open Space
Tract or use other Building Envelopes for parking purposes
during construction.
(xxviii) RESTORATION 0R REPAIR 0F OTHER PROPERTY DAI'IAGED:
Damage or limited to other Building Envelopes, the Open Space Tract,
the Road Tract and improvements thereon, driveways or other
improvements is not permitted. If any such damage occurs,it will be repaired promptly at the expense of the person
causing the sane.
(xxix) CONDUCT AND BEHAVIOR: A11 Owners shall be responsiblffi behavior of their agents'
representatives, invitees, builders, conLractors and
subcontractors.
5. DIVISION OF TRACTS. (a) Each and every Tract is
each and every
on
or
hereby divided such that an undivided interest in
Tract is hereby conveyed and made
one of the Building Envelopes as
Building Envelope
I
2
3
4
5
6
7
appurtenant to each and every
follows:
Appurtenant Percentage Interest in each Tract
14.29
14.29
14.29
14.29
14.28
t4.28
14.28
(b) Each Building Envelope and its appurtenant interest in the Tracts shall be inseparable and may not be
conveyed, leased, devised or encumbered one without the other. A
transfer by an Owner of legal title to all or any portion of a
Building Envelope shal1 automatically transfer a Proportionate interest in the appurtenant interest in the Tracts. No interest in a Tract by itself may be granEed, conveyed or assigned by an
Owner separate from his Building Envelope.
(c) Each and every Tract shall be owned in conrmon by
the Owners and shall renain 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 nay hold by virtue of his
ownership of an undivided interest in the Tracts as a tenant in
coftmon with the other Owners.
(d) Each Owner shall be enEitled to use the Tracts in
accordance with the purposes for which they are intended, without
hindering, impeding or imposing upon the rights of the other
Owners and in accordance with the rules and regulations duly
established from time to time by the Association, as provided for
hereinbelow.
6, EASEMENT FOR USE 0F ROAD TRACT: Deelarant desires to
provide to s and egress to his
Building Envelope from a public road and Declarant hereby grants
and assigns Eo each Orrner a perpetual, non-exclusive easement and right of way under, over, across and through the Road TracE fox
the purpose (subject to the administration of the Association) of
constructing, maintaining, repairing, enlarging and
reconstructing a roadway thereupon providing vehieular and
pedestrian ingress and egress between his Building Envelope 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
Building Envelope, such thaE a transfer by an Owner of legal title to all or any portion of a Building Envelope shall
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 \dritten
consent of all Owners.
7 . ADMINISTRATION AND MANAGEMENT OF THE TMCTS: 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
sha1l remain a member until he ceases to be an Owner. Each
member shall conply stricLly with the provisions of this Declaration and of the articles of incorporation and bylaws of
the Association. Each member shal1 be bound by and shall comply with rules, resolutions and decisions of the Association duly
made or adopted in the manner set forth in the Association's articles of incorporation or bylaws. Such rules, resolutions and
decisions nray apply, without limitation, to the control and use
of parking areas located on the Road Tract including, with-out
liroitation, the designation of specific parking spaces to be used
by speeific Owners to che exclusion of use by the other Owners.
fbilure of the member to comply with such provisions, rules,
resolutions or decisions shall be grounds for an action to
recover damages or to obtain injunctive relief, or both,
maintainable by the Association on behalf of the other Owners o::,
in a proper case, by an aggrieved Owner. In addition, the
Associationts bylaws may authorize the Association, during the
period of any delinquency, (a) to revoke a delinquent Owner's
rignt to use the Tracts and (b) to suspend a member's voting_
privileges; however, no such suspension shall affect the rights
of a First Lienor.
8. MAINTENANCE AND REPAIRS OF THE TRACTS: The Tracts and
improvemen servedr,managed,
maintained (including, without limitation, snow removal and
landscape maintenance), repaired, improved and replaced by the
Association. However, if the need to make such repairs or
maintenance results from the negligence or intentional act of any
Owner, his family, agent or invitee, such Owner sha1l reimburse
the Association for all the costs of repairing such damage and
shall be liable to the other Owners for all additional losses or
damages suffered, including reasonable attorney's fees.
9. ASSESSMENTS FOR COMMON EXPENSES: (a) Each Owner shall
pay his pr ses, with sueh Pro rata
share of each Owner Eo equal the undivided percentage interest in
each and every Tract appurtenant to such Owner's Building
Envelope, as specifically set forth in subparagraph 5(a) hereof.
(b) The board of directors (the "Board") of the Association
shall fix, determine, levy and collecE annual and special
assessments Eo be paid by each of the Owners to meeE the comon
expenses and to create a contingency reserve Eherefor. Pri-or to
the beginning of each fiscal year of the Association, the Board
sha1l adopt a budget for that year. The budget shall include,
but shall not be limited to, an estimate of the costs of
maintenance, repair and replacement of the Tracts and
improvements thereon, the cosE of services Eo be provided,by the
Association, the cost of insurance required by Paragraph 10
herein, and proposed capital expenditures. The budget shall
include an adequate reserve fund for the maintenance, repairs and
replacement of the Tracts and improvements thereon, in_order that
suth maintenance, repairs and replacement may be paid for through
regular installments ratsher than by special assessment. For the
AsEociation's first fiscal year, tlre board shall adopt the budget at the first meeting of the Board and designate the date of
connencement of the first annual assessment, with the costs for
maintenance, repairs and replacement of the Tracts and
improvements thereon and any reserve fund needed therefor based
on- a good faith estimate of those costs; said estinate m9y be
based-on the costs incurred by similar associations in the
general locale. Thereafter, the cosE of maintenance,_repairs -and ieplacement and any reserve fund needed therefor shal-l be on the
basis of the previous year's costs with such adjustments
therefrom as the Board considers appropriate. The budget shall
also include the annual assessment for each Owner. Special
assessments may be levied whenever in the opinion of the Board it
is necessary or advisable to do so (i) to meet increased
operating or maintenance expenses or costs, (ii) to provide for
additional eapital expenses, or (iii) because of emergencies;
however, if the proposed additional capital expenses at any given
time are in excess of 40 percent of the existing budget, such
expenses may be incurred only after the Owners, by the vote of
the Owners bearing at least 75 percent of the coumon expenses,
approve such expenses. A11 annual assessments shall be based
upon an approved budget; all other assessments sha1l be in
itemized statement form and shall set forth the detail of the
various expenses for which the assessments are being made.
(c) The Board shall prepare and provide to each Owner a
statement for the annual assessment and any special assessment
againsE his Building Envelope. Annual assessments for the
budgeted coumon expenses shall be paid in guarterly inscallments 'each such installment due and payable in advance on the first day
of each calendar quarter, 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
assessment, as provided in this Paragraph, those amounts expended
by the Association for the benefit of any individual Owner, , -including but not linited to, fines (pursuant to rule adopted by
the Assoiiation), repairs and replacements to the Tracts and/or
inprovements thereon caused by the negligent or willful acts of
said Owner, his family, guests, employees, licensees, lessees or
invitees, and all other expenditures or charges provided for by
this Declaration or the Association's bylaws.
(e) If any assessment shall remain unpaid ten days after
the due date thereof, the Board may impose a late charge on such
defaulting Ovmer in an amount equal to 1.5 percent of such
assessment. Likewise, a late charge equal to 1.5 percent of the
unpaid assessment may be imposed on the first day of each
calendar month thereafter so long as such assessment shall be unpaid. Failure to make paynent within 30 days of the due date
thereof also shall cause the full amount of such Owner's regular
assessments for the remainder of that year to become due and
owing at once, at the option of the Board. In the event it shal1
become necessary for the Board to collect any delinquent
assessments, whether by foreclosure of a lien hereinafter
created, by comrencing of a court action (which may be brought by
the Association without waiving the lien hereinafter created) or
otherwise, the delinquent Owner shall pay, in addition to the
assessment and late charge herein provided, all costs of collection, including a reasonable attorney's fee and costs j-ncurred by the Board in enforcing payment.
(f) A11 sums assessed but unpaid for the share of coumon
expenses assessed to any Building Envelope shall consEitute a lien on such Building Envelope 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 assessmenLs, and (ii) the lien of any first mortgage or first deed of trust of record encumbering such
Building Envelope. The Association's lien shall attach from the
date when the unpaid assessment shall become due and may be
foreclosed by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof
executed by a member of the Board on behalf of the Association
setting forth the amount of the unpaid indebtedness, the name of
the Owner of the Building Envelope, and a descripcion of the
Building Envelope. If any such lien is recorded by the
Association, the Owner shall 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 to pay the costs and expenses of such proceedings, including
reasonable attorney's fees. During the period of foreclosure,
the Owner of the Building Envelope subject to such action shall
be required to pay a reasonable rental to the Association. The
Association shall be entitled to purchase the Building Envelope at the foreclosure sale, and to acquire, hold, lease, mortgage or
convey Ehe same.
10
(g) No Owner shall exempt hirnself from liability for
paymenL of his share of the coumon exPenses either by waiver of
thL use or enjoyment of the Tracts or by abandorrment of his
Building Envelope.
(h) If involving a first mortgage or first deed of trust'
sale or transfer of any Building Envelope as the resulE of court
foreclosure, foreclosure through the public trustee' or any
proceeding in lieu of foreclosure, including the transfer of a
ileed in lieu of foreclosure, shall extinguish the lien of such
assessments as to payments thereof for periods prior to such sale
or transfer, but sha1l not relieve any former Owner of personal
liability therefor. The mortgagee of such Building Enve_lope who
acquires- title by way of foreclosure or the taking of a deed in
lieu thereof, shal1 not, however, be liable for any assessment for periods prior to the date of its acquiring title and shall
only- become liable for assessments for periods from and after the
datL it becomes the Owner of such Building Envelope. No sale or
transfer shall relieve such Building Envelope from liability for
any assessments Ehereafter becoming-due or froq the lien thereof.
In- the event of the sale or transfer of a Building Envelope with
respect to which sums shall be unpaid by a defaulting Owner,
except transfers to a First Lienor in connection with a
foreclosure of its lien or a deed in lieu thereof, the purchaser
or other transferee of an interest in such unit shall be jointly
and severally liable with the seller or cransferor thereof for
any such unpaid sums.
(i) Upon written request of any Owner, mortgagee,
prospective mortgagee, purchaser or other prospective transferee
of a Building Envelope, the Association shaIl issue a written
statement setting forth the amount of the unpaid cornmon expenses,
if any, with respect fo such Building Envelope, the amount of the
current monthly assessment, the date on which such assessment
became or shal1 become due and the amount of any credit for
prepaid expenses. Such statement, for which a leasonab_le fee may
be tharged, 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 complied with within 20 days after
receipt thereof , all unpaid comon expenses which beeame due
prior- to the date of making such request shall be subordinated to
the lien or other interest of the person requesting such
statement.
(j) Any party in favor of whom a lien on a Building
Envelope has been created may but shall not be required to Pqy any unpaid comon expense with respect to such Building Envelope,
and upon such payment such party shall have a lien on such
Building Envelope for the amount so paid of the same rank as the lien theretofore existing.
10. INSURANCE: (a)
the Ownersf-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 br death or property damage.occurring uPon or in the Tracts,
in limits of not less than $1,000,000 for bodily injury or
death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher limits
shall at any time be customary to protect against Possible tort liability, such higher limits shall be carried;
(ii) carry insurance in such amount as the Association
may consider necessary or advisable against such other
inburable hazards as may from time to time be conrmonly
11
insured against in the case of similar property in simi-lar
locations elsewhere.
(iii) carry directors and officers liability insurance in such amounts as the Association may consider necessary or
advisable.
(b) A11 insurance required to be carried under this
Paragraph shall be carried in favor of the Association, Lhe
Owners and all First Lienors, as their respective interests may
appear. Each insurance policy shall provide that no cancellation
tL-ereof nay be urade by the insurance carrier without having first
given 30 dbys' prior isritten notice thereof to the Association,
Ehe Owners and all First Lienors. Each insurance policy shall
also contain a "severability of i-nterest" endorsement, which
provides, in case of violation of any provision thereof by the
Association or one or more (but less than all) of the Owners,
that the coverage of such policy shall be suspended or
invalidated only as to the interest of the Association or the
Owner or Owners cornmitting the violation and not as to the
interest of any other Owner.
11. APPOINTMENT OF ATTORNEY-IN-FACT: Each Owner by his
acceptance vesting in him an inteiest in a Building Envelope does irrevocably constitute and
appoint the Association with full power of substitution as his
true and lawful attorney in his name, place and stead to manage'
control and deal with his interest in the Tracts so as to Permit the Association to fulfill all of its and the Owners' 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 sueh interest of the Owner, and to take any
other action, which the Association 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
appointment. The action of the Association in settling any-claiut
wlth respect to the Tracts shall be final and binding on all
Orrners. No Owner shall have any rights against the Association or any of its officers or directors with resPect thereto excePt in case of fraud or gross negligence.
72, QUALITY OF WORK: Any repairs, renovation or restoration of tEE Tiacts or improvements thereon by the
Association as attorney-in-fact for the Orrrners shall be done j-n
such manner as to make the Road Tract or the Open Space Tract at
least as valuable after such work as it was irmediately before
the occurrence requiring the work to be done.
13. PROPERTY FOR COMMON USE: The Association may acquire
and hold fffif all owners real property' as
long as such real property is purchased at a foreclosure saIe,
and tangible and intangible personal property and may dispose of
Ehe same by sale of otherwise, and the beneficial intbrest in any
such property shall be owned by the Owners in the same ProPortion as their respective interests in the cormon exPenses and shall not be transferable except with a transfer of a Building
Envelope. A transfer of a Building Envelope 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
intended, wiLhout hindering or encroaching upon the lawful rights of the other Owners. The transfer of title to a Building
Envelope under foreclosure sha11 entitle the purchaser to the beneficial interest in such property associated with the
foreclosed Building Envelope.
L2
14. EASEMENT. LEASE. LICENSE AND USE 0F TRACTS. The
Associatio giant by easement, lease,
license or permit the use of, by less than all Owners or by
non-Owners and with or without charge as the Association may
desirable, any portion of the Tracts or improvements thereon
any Building Envelope owned by the Association. The rights
grbnted to Lhe Association in this Paragraph 14 shall only be
used in the promotion of the collective best interest of the
deem
or
Owners.
15. REGISTMTION BY OWNER 0F I'IAILING ADDRESS: Each Owner
shall regi tion, and,
except for monthly statements and other routine notices, all
notices or demands intended to be served uPon an Owner shall be
sent certified mai1, postage prepaid, addressed in the name of
the Owner at such registered nailing address. A11 notices,
demands or other notices intended to be served upon the
Association shall be sent certified mail , Postage prepaid, to the
address of the Association as designated in the bylaws of the
Association.
16. EFFECT AND DUMTION OF DECLAMTION: The conditions,restrictio ements and covenants
contained herein sha1l be for the benefit of and binding upon
each and every part of the Subdivision and each Owner, his heirs,
personal representatives, successors and assigns and shall
continue in full force and effect until January 1 in the year
2007 A.D., and thereafter for successive periods of 10 years
each, unless this Declaration during any such period is
terminated, as provided hereinbelow, by recorded instrument directing termination.
L7. AIIENDMENTS: The conditions, restrictions,
stipulationF,-T5-I@tions, agreeoents and covenants contained
herein shall not be abandoned, teroinated or amended excepE by written consent of 75 percent of the Owners and 75 percent of the First Lienors, except (i) that the provisions of Paragraph 6 and
subparagraph 9(a) may be abandoned, terminated or amended only
upon such approval of aII Owners and all First Lienors; and (ii)
that the provisions of Paragraph 3 and subparagraphs 4(a),4(i)(i), 4(i)(ii), 4(i)(iii) and 4(i)(iv) herein may be
abandoned, terminated or amended only upon obtaining the
additional approval of the Town of Vail .
18. EFFECT OF PR0VISIONS OF DECLAMTION: Each provision of this Decla ant, undertaking to
comply with each provision of this Declaration and any necessary
exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Declaration: (i)
sha1l be deemed incorporated in each deed or other instrument by
which any right, title or interest in any Building EnveloPe or
Tract is granted, devised 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 intserest in any
Building Envelope or Tract by an Owner, be deemed accepted,ratified, adopted and declared as a personal covenant of such
Owner and, as a personal covenant, sha1l be binding on such
Owner, his heirs, personal representatives, successors and
assigns, and shall be deemed a personal covenant to, with and for
the benefit of the Association and of each owner; and (iii) shal1
be deemed a real covenant by Declarant, for itself, its
successors and assigns and also an equitable servitude running,in each case, as a burden with and upon the title to each and
every Building Envelope and Tract.
19. ENFORCEMENT: In addition to any other rights granted herein, if any person shall violaEe or threaEen Eo violate any of
the provisions of this Declaration, it shall be lawful for the
Association, the Comnittee or any Owner to insEitute proceedings
13
at lalr or in equity to enforce the provisions of this
Declaration, to restrain the Person violating or threatening to
violate them, and Eo recover damages' actual and punitive, and
costs together with reasonable aEtorney's fees for such
violations; and in Ehe event of a violation or threacened
violation of Paragraph 3 or subparagraphs 4(a), 4(i)(i)'
4(i)(ii), 4(i)(iii) or 4(i)(iv) herein, it shall be lawful for
the Town of Vail to enforce such provisions as otherwise set
forth above.
20. GENEMT:: (a) If any of the provisions_ of this
Declaratiot-6-r any paragraph, sentence, clause, phrase or \tord,
or the application thereof in any circumstance be invalidated,
such invllidity shall not affect the validity of the remainder of
this Declaralion, and Ehe 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 the context shall
otherwise provide, the singular number shal1 include the plural ,
the plura1- the singular, and the use of any gender shal1 include
all genders.
EXECUTED effective as of rne t1fr day of , 7987
LAI,{AR
New
BY:
CAPITALCORPORATION, a
TOWN
BY:
Rondall Phillips, Town Manager
, Town Clerk
)) ss
)
fore orng instrument was acknowledged before me
of , 1987, by Michael Lauterbach,
Corporation, a New Jersey
OF VAIL, COLORADO
ATTEST:
STATE OF COLORADO
COT'NTY OF EAGLE
The
this l6tl.tr--day Vice President
corporation.
AS
of
trrlitness my hand and official seal .
My cormission expir"s, 5\f 1fO
oi5 \qo
\C, \ eo tta,56-
14
I NTER- DE PARTMENTAL
PROJECT:
DATE SUEI4ITTEO:
CCi'.;"IENTS NEEDED BY:
BRIEF DESCRIPTION OF
PUBLIC WORKS
DATE OF PUBLIC HEARiNG
Reviewed by:
Comnents:
Date
FIRE DEPARTMENT
Reviewed by:
Conments:
p^t"_Z-''/?'_U
POLICE DEPARTI4ENT
Reviewed by:
Coftrrents:
Date
'i;i.
Reviewed by:
Com:nts:
Date