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Home My WebLink AboutPEC080038 PEC080039 � - �'��nnin� and Enerironrne�t�� +Commis�c�n A��It�N Ft�l�Ml � �, De{�artm�nt c�f Ca�nrnt�nit�r De�elopr�ent: +�"��'�`� � 7;� S�uth Frant��e t�a�d� i�ail� Ca[t�rada 81fi57 teE; �7�.47�.213�! fax: 97t1.479.Z45Z r.�r,�r��,��vc�c��r�� we6. wrvsrw.vailgov.c�m Project Name: Manor Vail Replat PEC Number: PEC080038 Project Description: MANOR VAIL REZONING: RELOCATE FORD PARK PATH EASEMENT AND DEDICATE 430 SQ Ff PARCEL TO TOWN OF VAIL. Participants: OWNER BARRETT, PATRICIA - FOGLEMAN 07/22/2008 3715 CAMEL GROVE COLORADO SPRINGS CO 80904 APPLICANT MANOR VAIL CONDO ASSOC 07/22/2008 595 E VAIL VALLEY DR VAIL CO 81657 Project Address: 595 VAIL VALLEY DR VAIL Location: Legal Description: Lot: ABC Block: Subdivision: Vail Village Filing 7 Parcel Number: 2101-081-0200-1 Comments: See Conditions BOARD/STAFF ACTION Motion By: Kurz Action: APPROVED Second By: Tjossem Vote: 5-0-0 Date of Approval: 08/11/2008 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail stafF and/or the appropriate review committee(s). Cond: 300 (PLAN): PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0010402 The applicant shall continue to work with the Town Staff to prepare an agreeable written Ford Park easement document, which shall accompany the platted easement to be reviewd by the Town CounciL Planner: Warren Campbell PEC Fee Paid: $650.00 .� � P'��nni�� and Envir�nm�nt�1 �omnr�i�sr�n J�i��I�N FC3RN1 . �# D�ep�artment of Co�tr�unity �}evelop�ri�ent ��t�� '{`�!`� ; 7;� Sauth Front�ge Raad, Vail� Calc�r�ado �1557 � te[: �7�,479.2139 fax: 97U.�F7s.Z��z r.r..��J��rrc�v��?a��sT web: Ntww.+t3if�Jav.[43l7t Project Name: Rezoning of 430 sf Parcel PEC Number: PEC080039 Project Description: MANOR VAIL: REZONE 430 SQ FT PARCEL DEDICATED TO TOWN OF VAIL FROM MANOR VAIL FROM HDMF TO GENERAL USE Participants: OWNER BARR�I", PATRICIA - FOGLEMAN 07/22/2008 3715 CAMEL GROVE COLORADO SPRINGS CO 80904 APPLICANT MANOR VAIL CONDO ASSOC 07/22/2008 595 E VAIL VALLEY DR VAIL CO 81657 Project Address: 595 VAIL VALLEY DR VAIL Location: Legal Description: Lot: ABC Block: Subdivision: Vail Village Filing 7 Parcel Number: 2101-081-0200-1 Comments: See Conditions BOARD/STAFF ACTION Motion By: Kurz Action: APPROVED Second By: Viele Vote: 5-0-0 Date of Approval: 08/11/2008 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Warren Campbell PEC Fee Paid: $0.00 , PLANNING AND ENVIRONMENTAL COMMISSION August 11, 2008 , �� 1:OOpm T�WNOF YA�:'. TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT David Viele Rollie Kjesbo Michael Kurz Bill Pierce Scot Proper Sarah R. Paladino (arrived at 1:05) Susie Tjossem 1. A request for a final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7th Filing, and a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone 430 square feet of Tract A, Vail Village 7th Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. (PEC080038, PEC080039) Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners Planner: Warren Campbell FINAL PLAT ACTION: Approved, with condition(s) MOTION: Kurz SECOND: Tjossem VOTE: 5-0-0 CONDITION(S): 1. The applicant shall continue to work with the Town Staff to prepare an agreeable written Ford Park easement document, which shall accompany the plated easement to be reviewed and approved by the Town Council. REZONING ACTION: Recommendation of approval MOTION: Kurz SECOND: Viele VOTE: 5-0-0 Warren Campbell presented an overview of the proposal and the Staff memorandum. There was no public comment. The Commissioners expressed their support for the application. 2. A request for a recommendation to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Section 8-3, Vail Land use Plan to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for properties known as "Cascade Crossing" and "Vail Professional Building" (Future "Ever Vail"), located at 953 and 1031 South Frontage Road West/unplatted (A complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080036) Applicant: Town of Vail Planner: Nicole Peterson ACTION: Recommendation of approval MOTION: Tjossem SECOND: Proper VOTE: 4-0-1 (Viele recused) Nicole Peterson presented an overview of the proposal and the Staff memorandum. Page 1 ************************************************�*********************+********************* TOWN OF VAIL, COLORADOCopy Reprinted on 06-13-2013 at 09:07:44 06/13/2013 Statement *****+***************+******+******+*********�*****��+********************�***************** Statement Number: R080001232 Amount: $650.00 07/23/200811: 44 AM Payment Method: Check Init: JLE Notation: 82-399/1021 mv penthouses ----------------------------------------------------------------------------- Permit No: PEC080038 Type: PEC -Exemption Plat Parcel No: 2101-081-0200-1 2101-081-2200-1 2101-081-2200-2 2101-081-2200-3 2101-081-2200-4 2101-081-2200-5 2101-081-2200-6 2101-081-2200-7 2101-081-2200-9 2101-081-2201-4 2101-081-2201-5 2101-081-2201-6 2101-081-2300-1 2101-081-2300-2 2101-081-2300-3 2101-081-2300-4 2101-081-2300-5 2101-081-2300-6 2101-081-2300-7 2101-081-2300-8 2101-081-2300-9 2101-081-2301-0 2101-081-2301-1 2101-081-2301-2 2101-081-2301-3 2101-081-2301-4 2101-081-2301-5 2101-081-2301-6 2101-081-2301-7 2101-081-2301-8 2101-081-2301-9 2101-081-2302-0 2101-081-2302-1 2101-081-2302-2 2101-081-2302-3 2101-081-2302-4 2101-081-2302-5 2101-081-2302-6 2101-081-2302-7 2101-081-2302-8 2101-081-2302-9 2101-081-2303-0 2101-081-2303-1 2101-081-2303-2 Site Address: 595 VAIL VALLEY DR VAIL Location: Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ***************�*�*******�****************�************************************************* ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 650. 00 �'Commissioner Viele recused himself due to a conflict of interest. Jay Peterson, representing the Glen Lyon Office Building, voiced their support for the request. He discussed their discussions with Vail Resorts about this proposal, and noted a letter of support from Vail Resorts. There was no public comment. Commissioner Tjossem stated that it made sense to have the Glen Lyon Office Building included within the Lionshead Redevelopment Master Plan land use designation due to the proximity and interaction that will occur with Ever Vail. The Commissioners expressed their agreement with the proposal. . 3. A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. (PEC080023) Applicant: Town of Vail Planner: Bill Gibson ACTION: Approved MOTION: Kurz SECOND: Proper VOTE: 5-0-0 Bill Gibson presented an overview of the proposal and the Staff memorandum. There was no public comment. The Commissioners expressed their support for the Code amendments. 4. A request for a final recommendation to the Vail Town Council, pursuant to Chapter VIII, Section 3, Amendment Process, Land use Plan, for the adoption of a new land use category and amendments to the official Land Use Plan Map to allow for the designation of the "Chamonix Master Plan" area; a request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant Section 12-3-7, Amendment, Vail Town Code, to rezone Parcel A of Tract D, Vail Das Shone, Filing No. 1, from Commercial Core II I (CC3) District to Housing (H) District, and to rezone Parcel B of Tract D, Vail Das Shone, Filing No. 1, from Two- Family Primary/Secondary Residential (PS) District to Housing (H) District; and a request for a final recommendation to the Vail Town Council, pursuant to Chapter 12-61-11, Development Plan Required, Vail Town Code, to allow for the adoption of a development plan for the construction of a fire station and employee housing on the "Chamonix Site", located at 2399 North Frontage Road West, Parcel(s) A and B, Vail Das Shone, Tract D, Filing No. 1, and setting forth details in regard thereto. (PEC080037, PEC080040, PEC080041) Applicant: Town of Vail, represented by Stan Clauson Associates, Inc. Planner: Warren Campbell ACTION: Table to September 8, 2008 MOTION: Kurz SECOND: Proper VOTE: 4-0-0 5. A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H- 7, Exterior Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H-2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional Uses; Second Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with dwelling units, accommodation units, employee housing units, conference Page 2 . facilities and meeting rooms on the basement level, multi-family dwelling units on the first floor, and an eating and drinking establishment on the second floor, located at 250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2. (PEC080033) Applicant: HCT Development, represented by TJ Brink Planner: Rachel Friede ACTION: Table to September 8, 2008 MOTION: Kurz SECOND: Proper VOTE: 4-0-0 6. Approval of July 28, 2008 minutes MOTION: Proper SECOND: Tjossem VOTE: 4-0-1 (Kurz recused) 7. Information Update 8. Adjournment MOTION: Proper SECOND: Tjossem VOTE: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 8, 2008, in the Vail Daily. Page 3 � 1 ( , • Rezoning Application for Review by the w Planning and Environmental Commission ! Department of Community Development ��I�� 75 South Frontage Road,Vail, Colorado 81657 te1: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: � Rezoning $1300 ❑ Conditional Use Permit $650 ❑ Major Subdivision $1500 ❑ Floodplain Modification $400 � Minor Subdivision $650 ❑ Minor Exterior Alteration $650 ❑ Exemption Plat $650 O Major Exterior Alteration $800 ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500 - ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250 ❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 ❑ Major Amendment to an SDD $1250 ❑ Variance $500 (no exteriormodifications) ❑ Sign Variance $200 Description of the Request: 1 1��r1�r�c� Cs� �.� � -��-�y,-,.. �� - `f� �e�� s�; Location of the Proposal: Lot: Block: Subdivision: a: < < :n� Physical Address: ��u. � ��4��ey �„�r Parcel No.: ��,�1��'� (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: T1lJ/►�1 �'"' Name(s) of Owner(s): /`'�u�tv�' �cti l l„�J�g� � (� � Mailing Address: Phone• Owner(s) Signature(s) -�r- /� `,_ ��,; Name of Applicant: Mailing Address: Phone• E-mail Address: ;�,��xn+,�'�c�e�v(�i�;��n��s,�6'FaX �,', � 1��~�. Ci S `f�t'�S ►S �f `��v� For O�ce U O Fee Paid: � � Check No.: By: Meeting Date: PEC No.: - Planner: Project No.: 1C�,Q 4 F:\cdev\FORMS\Permits\Planning\PEC\rezoning.doc Page 1 of4 1/4/06 s � . . . Rezoning Application for Review by the , M' Planning and Environmental Commission ,� Department of Community Development ��,��, 75 South Frontage Road, Vail, Colorado 81657 te1: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ❑ Rezoning $1300 ❑ Conditional Use Permit $650 ❑ Major Subdivision $1500 ❑ Floodplain Modification $400 ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650 � Exemption Plat $650 ❑ Major Exterior Alteration $800 ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500 - ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250 ❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 ❑ Major Amendment to an SDD $1250 ❑ Variance $500 (no exte�iormodifications) ❑ Sign Variance $200 Description of the Request: �GC�'� lJl i►'K�r�+''1"�'� c�� (' �vc�,�-�' � � ' CA� � } l 1 r 4 � �r' �. { �Y1� � GC t 1C (.� �` V � �� .� �� G �G7�•N\ Location of the Proposal: Lot:$_Block: Subdivision: ', �: �� c -, �: Physical Address: � �Gi+1 ( e (' Parcel No.: � ��1 C�� 1Ce�;l�' � (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) im A� � Zoning: `�I1.�1�%�� Name(s) of Owner(s): J`' d�,�vf `,rt�o' D�1�0✓n`�n��,n� �SSCX'-ia��('`�c�,1 Mailing Address: _ � `� C-�lS"� 11�� Qy b,�;�e i- Phone: Owner(s) Signature(s)• ,�e�- ��;� Name of Applicant: Mailing Address: Phone• E-mail address: Fax For Office Use Only: Fee Paid: Check No.: By: Meeting Date: PEC No.: Planner: Project No.: F:\cdev\FORMS\Permits\Planning\PEClrezoning.doc Page 1 of 4 1/4/06 ***********************+*****************+*+************+********+*********************+**** TOWN OF VAIL, COLORADO Statement *******+*************+++********+++******************+***+******++*****+*******++*********** Statement Number: R080001232 Amount: $650.00 07/23/200811:44 AM Payment Method: Check Init: JLE Notation: 82-399/1021 mv penthouses ----------------------------------------------------------------------------- Permit No: PEC080038 Type: PEC -Exemption Plat Parcel No: 2101-081-0200-1 Site Address: 595 VAIL VALLEY DR VAIL Location: Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ***************w************************************+***********+*************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 650.00 ----------------------------------------------------------------------------- � �2 , J_ � 'a5S84S' R-SS9 F-719 08,��12,�''�.I .IS:28 PG 1 C1F 3 REG D�C . JQNNNETTE FHILL.FPS EAGLE C.�7tJNTY CLERKy Ct?LOJ�?ADtJ 15.c�0 �.0� , � Rc:orded a[ o'clock M., Reception No. Recorder. EASEMENT ' � THIS EASEMENT, granted this day of May , 19 91 , ��n Manor Vail Condominium Association, a Colorado whose legal address is non-profit cornoration 595 E. Vail Valley Drive, Vail, CO 81657 of the *County of Eagle ,State of Colorado, the Grantor, and Town of Vail, a municipal corpora�i n whose legal address is 75 South Frontage Road, Vail, CO 31657 of the *County of Eagle , and State of Colorado, the Grantee. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars & 00/100 ($10.00) 1� and other good and valuable consideration -------------------------------------- � paid to the Grantor by the Grantee, the receipt and sufficiency of which is hereby acknowledged, dces hereby grant, �S bargain,sell, and convey to the Grantee an easement for the purposes of non-vehicular, pedestrian, :.,, bicycle and utilities access to Ford Park of 20 feet in width for the use, , benefit and enjoymenC of public. (here insert description of easement including the uses,limitations,location and width,etc.) wer and across the following described pazcel of reat property situate in the Town of Vai1 County of Eagle and State of Colorado to wit: (1ega1 to be inserted) � �'1f i�l�a��kd�l��"dr/tY��1��'il b�'�nkV��a{i!'Ib/tl'►�t/l,�dd,/�'k�J��,�eA�c�'J�t��t�hr�,tt�e c76G!►�y/d�// �fdd��t�t�/o��f7at�r�dd✓abd/d��dr�,d/ab�J 7'1Si��r�,�nt�i��lYa�n¢'l�l►�dr�tn��fal�kr(�i�bYtfi�taI16�1d��4Edt!�r/at t1�,Ei,fnfe/s�dfbhN 1��br4lvf+t{i�Me4kdi�k�rl�� /Grantor /Grantor. The��fq(t¢�agrees to repair and maintain the easement granted herein at the cost and expense of the q'r,�lt�E�,/�9�Ek(ak ��fi¢Grantee will in no way hinder or prevent the proper and reasonable use and enjoyment of the property through which ��i� MINI CIATION TOWN AIL gy ' By: a.c.7�u mwx, a e n an G�TpR res t STATE OF COLORADO � SS. COUNTY OF EAGLE The foregoing inswment was acknowledged before me this day of May , 19 91 , by W tness my hand and official seal. My commission expires: •If in Denver,insert"City and." ��M N0.11�. EASEMEIVT Bndford Publishing,5823 W.6th Ave.�l,lcev.vod.CO 80214—(303)237-6900 I��I��I�� 1484 ��1 * T�C K O 0 0 0 O 6 9 S + 4 . ' r . -� r STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) �e foregoing instrument was acknowledqed before me this �_ day of , 1991, by James Unland, as President of Manor Vail Condomini Association. Witness my hand and official seal. q;,,; My commission expires: /�5��f�-� ES.l'��tl�„l �� ,��r�Ee��-' , �� L� `f , � �� • , �1 _... e-� '.'a �' p� ' ,�, � o ary Publ ' C� =�� °' �; �' Address (.,; �r r .e ` - ,,� ...� �,. r ;� _ ��% � iz ,. =�� '� � ' �` � •..,o t`', � � ,� „� ��?: �� .,.,,��.:-r7��St;l�t..��'� ��TATE OF COLARADO ) ) ss. COUNTY OF EAGLE ) �he foregoing instrument was acknowledged before me this ,�_ day of , 1991, by Kenneth H. Hughey, as Acting Town Manager of t e Town of Vail. t,, +N��, ,�itness my hand and official seal. �� ' `�� ''�,r,�, ,�y �� mma.ssion expires: �i"�r Zo I°►`►� �YS �� `�I�� A�� ` � V. � ��`k;b � '' ; -;i <<+ ?rr' � �, �.�'r�'L `��, �� (� -6 �, � „� a {F.. C�". � {j t � ,•�,�aF' �6 :=o-� � . n �.a:! 'fp �{• '�° Q Nota P11b11C _, „ ,. �, �.�c),� �,��`�'' Address �5 S. {�vv1�yF 1�.�- ,.,�, -� V�I i Go 8 J 657 � ;;�': 45584� R-55� P-71� 08r''12,��"1 15:28 FG 2 Z?F 3 � _ . ' JIM L.AMONT 013.0392T3836 P.02 l�. . � ` .. . ,, , . : .a' ' � yEGAL D83CRIPZ'ICI� FOR BACIPOSED eCCE88 8as�ent tar propcsad wNAZiOR VAxL, A RFb'L38DSV�8=ON OF IATS A, 9. A1�D c• � acce��em�n��,�sore particalarly desc�ribed ab �ollaans,� p�stri Caao�enainq ut the northeast aozner ot tha eouthQaat qu�er o! thM no�th�reat er of Beotion S, TovAShip 5 South, Rmncle 80 91�s� o! th�a 6th Pr cipal �teridietn, whiah is a�so a point on the Bast line c� o! Iat 8, 9ai1 Qil].a►ge Seventh Fili.n9: t�� $ �fl oi o6 S m di�tanc� o� 6S.O�s loet along a�aterly line o! said Lot A to an A angle� poin� on thfe wssterly li.ns; �Chsnce 8 79°21'06" H a diBta=toe �� o! 3a.1z test along tha southwe�t�rly line of Lot � to an �qle pO�A� O=1 thf� BOUth�StQY'lY l�I►4 j theliCe N 89�58�54� S e�, $f st�tliCs of ao.7'7 =eat alonq the sonthmsstr�rly lin+a ot Lot' A to an anQla pr�int ot Lot A arid whiat� is also the Trwa Point o� Aeq3nning: �htnce 8 06°08'S4�" W a dis►tanaa of 20.12 te�et aicn4 th�► �resterly 1�.ns o! Lot A to the Sautharast oorner o� this acceas sasem�at; � th�ncs N 89°58�s4� � a distancs ot 388.64 to the 3outhea�st corner at this ncce�s �as�►e�t which is a point on th� northsnsterly line of Lot Ai therio� N 1.9°57'03p W a d3st�t� of 21.a7 Peet Z►loIIq the northeasteriy lin� o� Lot A ta tbe norttseast corner cf thic • en�m8nt; thetice 3 89°58'S4� T� � distance c= 329.23 fee�t to the Point of B�qinnfng, oontaini�g 6,677 equare laQt or 0.15 acre�s mar� � or le�s. 45584,9 E-S5�' P-719 Ot�,/1L,''.91 15.28 PG 3 DF 3 � HAYES R.HINDRY Qa62) H I N D R Y Sc M �Y E R MIITON E.MCYER,JR. .KERWIN H. FUITON ' PROFESSIONAL CORPORATION ARNOID C.WEbHLR ATTORNEYS AT LAW MICHAEL REIOY THOMA3 J.IfERWIN CHARLEB W.McDERMOTT TWENTY-THIRO FIOOR ROBEf7T D.9HOWALTER FIRBT NATIONAL BANK BUILOING pRED A.AIBI 621 SEVEN7EENTH STREET �OHN T.�RACE DfiNVER,COLORA00 80293 GARY D.TAY�OR THOMAS J.CONSTANTINE CABLE ADORE55:HEMLAW RICHARD A.FINNE June •f A ' 1[1'7� TELEPHONE:303 282-9000 ROLF A.HANNIN6 GY 17 / RtCMARO 8.MAYS RICMARD W.BRBITNAUPT J.C.TfM SCATES ROBERT L.IOCB�JR. GARY N.70BEY JAMES R.PROCHNOW OUR FILE NUMBER CHARLES H.JACGBS M�OOlO�Ol MON CA 5.GL CKMAN DAVID R.D[MURO Lawrence C. Rider Town Attorney Town of Vail Box 100 Vail, Colorado 81657 Re: Deed of land to Manor Vail Condominium Association Dear Mr. Rider: Enclosed are the originaZ and one copy of the Special Warranty Deed revised as you and I discussed on June 21, 1977. As agreed upon, I have included an additional condition in the deed which covers the Association completing the improvements and landscaping on the real property being conveyed. The Town and the Association must immediately enter into a clear agree- ment which specifies, with attachments and exhibits, exactly what plan is approved by the Town. You will note that I have included additional special warranty language, changed some of the style in the language, includ�d bicycle and limited motor vehicle traffic in condition 2 and expanded some of the descriptions to ensure clarity. Please review carefully and�give me a call if you have questions or corrections. As 2 understand it, the Town Council has author- ized the signing of this deed and, if it meets with your approval, it should be signed in the very near future. V�ry truly yours, HIN RY & MEYER, P.C. � � . Gary � Tobey GHT/mr Enclosures cc: Dick Elias, Manager, Manor Vail A1 Krutsch, Delta Mortgage �, . _ _ ._.._ _ _ ._ __ _ _ � _ ; � ' �1558a8 8-55� R-718 08/12�71 .I5:2ti FG 1 t?F 3 REC DOC ' '� JDHNNETTE CHILLIP$ ERGLF CDUNTY C.LFRK, C.OLDh'RPO 15,c�0 0.00 ' \t�P AQR8E1d8NT FOR 1LODIFICATION AND PARTIAL R�L$A88 OF RE$TRICTIONS AND COVBNANTS AGREII�IEENT made May 18r, 1991, between the Town of Vail, a Colarado municipal corporation (hereinafter "Grantor") and Manor Vail Condominium Association, a Colorado non-profit corporation (hereinafter "Grantee") . Grantee is now the owner of the following described real property in Eagle County, Colorado: Parcel 2, Manor Vail North, or more specifically, the Southerly 50 feet of Lot A, Block 1, Vail Village Seventh Filing, except the Easterly 5 feet thereof. � Grantee has requested Grantor to modiFy and partially release � the original conditions, covenants, restrictions and reservations � contained in the Special Warranty Deed conveying the above � mentioned property to Grantee so as to grant to Grantee, its heirs � and assigns, the right to expand Grantee's lobby, to otherwise use the property as hereinafter provided, and to make the restrictions and covenants as modified and as hereinafter set forth, permanent. Grantor, having originally conveyed the subject real property ta Grantee pursuant to a Special Warranty Deed dated June 21, 19?7, and recorded on Auqust 9, 197 7, at Book 2 5 8 , Page 3 4 0 of the records of the Clerk and Recorder for the County of Eaqle, State of Colorado (hereinafter "Special Warranty Deed") , has agreed to such modification and partial release as hereinafter provided. In consideration of the sum of $10.00 and other good and valuable consideration paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, Grantor hereby consents that the original conditions, covenants, restrictions and reservations contained in the Special Warranty Deed conveyinct the above described property to Grantee are hereby changed, modified, and partially released, to read as fallows: 1. Grantee shall complete improvement and landscaping of the described real property in substantial compliance with improvement and landscaping plan approved by Grantor. 2. No property described herein shall be used or considered in determining the gross residential floor area or density that the Grantee would be entitled to under Town of Vail laws and regulations. 3. At the westerly entrance to the above described property, the Grantee shall provide and maintain a sign to advise the public that said area is open to the use of the public. 4. All signs or postings on the above described property shall be approved by the Town of Vail Design Review Board. . • � ';. , 5. At the westerly and easterly entrances of the above described property, the Town of Vail shall have the right to erect signage to advise the public that said area is open to the use of the public. Grantor agrees that subparagraphs 2 and 4 of the Special Warranty Deed are to be deleted, terminated or released, although the parties acknowledge that Grantee will be conveying to Grantor an easement with regard to the subject property by Grantee's execution and delivery of a quit claim deed simultaneously with this agreement. The parties further agree that the conditions, covenants, restrictions and reservations as set forth above shall run with the �a land and shall be binding upon the Grantee, its successars and � assigns, and upon each of them, and all parties and all persons � claiming under them. The parties agree that the 20 year limitation � set forth in the Special Warranty Deed is hereby deleted or �� terminated and that the conditions, covenants, restrictions and reservations as set forth above shall be deemed permanent. Grantor further agrees that the language set forth in the Special Warranty Deed relating to reversion of the property to Grantor in the event of a continued substantial breach of any one of the conditions, covenants, restrictions, or reservations shall be deemed deleted, terminated or released, and that the property shall not revert in the event of any continued substantial breach. The parties agree that this modification shall not affect any other rights or remedies of the Grantor as provided under applicable law. IN WITNESS WHEREOF, the parties have executed this Agreement at Vail, Colorado the day and year first above written. MANOR VAIL CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation .` V� By. � mes Unland, President ATT T: 1q.I(c�c,_.Gt �•.J� �Q�`��-- Patricia D. Bethke, Secretary TOWN OF VAIL, a Colorado municipal corporation ,. � �� j`' xoi�G/ J G=�Y�---� ��$ ,c�`� , � � �i" ��_ R''ti 't -'� .. �+tl �x RT��"�': y�'¢ ° ' +4. u,`.-� � ��: ��, �� ryClerk „ � �:��,.{ � , �, r �'` �ti��rr}s�rt ,� ��•��t��'�, C" r = r 4� k,� Ill..��.f4r�7 .Y.:�,�� f h:;M.: � � Yi � \J��t` ,,,;•C�)1 ��t r� ��'<<�. ' �f�?��.::��, 45584t? R-559' P-718 08,�''12,�'9! !5:26 FG 2 DF 3 . _a _ —. .. _ _ . . __ . � r • � • Y � STATE OF COLORADO ) ) SS. COUNTY OF EAGLE ) .1T�e foregoing instrument was acknowledged before this 24� day �, 1991, by 1�Ght R• Q� , as Mayor of the Town of Vail, and avnala A. 8ra.vidmu,�r�r _ , as Town Clerk of the Town of Vail. Witness my hand and official seal. ,x,,; t�;�i ,, , My commission expires: ,Jd•rucatie� Zv l99� -� �y' .�t �� `, , y^. �' i". ('' ♦, ,`(�� ' v <�i��i"�`.�— � .� � 3 `f.' iJL�fJ1 �v� •�C�� '�' Nota t PubilC. lsw. � `•� Address 75 S. � L� . ��,:,�� , ca 8 r6 7 e-� v��,:i v � "�'�STATE OF COLORADO ) (,; ) SS. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before this 18th day May, 1991, by James Unland, as President of Manor Va-i Condominium Association, and Patricia D. Bethke, as Secretary of Manor Vail Condominium Association. Witness my hand and official seal. My commission expires: O1/04/93 4.SEAL;,� �'.. �. �!C �.. �. ' �'.�, . _ , 'a°°` �' �� ~"�,�� . Nota Pub11c � ' � ' � � �' � Address P.O. Box 7 5 3 .,.� � �y R � �,��,,_ «Y � Vail, CO 81658 '�� i»�'',� -�f�` . r� , ��.: � „r, . y � 'r, % 'p'•;,�:«o. `.i ' �t .;;.•' r'r�r;��t'.t'.�', 5 .. TJC41 M031524.D1 3 455848 8-55�' P-738 Ot't/12f91 15:2b F� 3 !?F 3 „ .:r�;� "^- -s��r'�?x�ri"�il�d4.�r,:�'a=+�',`:s+';°.�<�a+��:�'�-�rt� _��,�,..ar ,��>�.ra.�r.;'�, .�rr.'�:",��^u ,.r:.ar z .+�R�;^ ✓*�wr,w:�:: vaa+�i „ ay8�wr�"'1 �,� �”' �1 . �°� � - �S . , � �. a5� � � 3,� � � -� �J� , SPECIAL WARRANTY DEED � �a� `� THIS DEED, made this �=/5'f" day of t.�+t�. 1977, from the Town of Vail, a Colorado Municipal C porat-io� n, as Grantor, to Manor Vail Condominium Association, a Colorado Nonprofit Corpo- ration, as Grantee. ' WITNESSETH, the Grantor, for and ip consideration of the sum of ten dollars ($10.00) to the Grantor paid by the Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed and• by these presents does grant, bargain, sell, and convey to the Grantee, its successors and assigns forever, all the following described real property in Eagle County, Colorado: Parcel 2, Manor Vail North, or more specifically, the Southerly 50 feet o£ Lot A, Block 1, Vail Village Seventh Filing, except the Easterly 5 feet thereof. Subject to the following conditions, covenants, restric- tions, and reservations agreed to by the Grantee by acceptance of this Deed: (1) On or before July 1, 1978, Grantee shall complete improvement and landscaping of the described real property in substantial compliance with improvement and landscaping plan approved " by Grantor. (2) No property described herein shall be used or occupied at any•time for any purposes other than pedestrian, bicycle and limited mokor vehicle ingress and egress to Grantee's hotel and lodge operation on adjacent property, and for utility and open space purposes. • (3) No property described herein shall be used or considered in determining the gross residential floor area or density that the Grantee would be entitled to under Town oE Vail laws and regulations. (4) An easement 20 feet in width passing generally `" east-west across the described property from the public thoroughfare on the westerly end of the described property to Gerald R. Ford Park on the easterly end o;f the described property is reserved unto Grantor for pedestrian and uhility purposes for the, use, benefit, and enjoyment of the public. (5) At the westerly entrance to the above described property, the Grantee shall provide and maintain a sign to advise the public that said area is open �o the use of the public. ....�.-:.�:.,�aw'��«a:±!.aa� .�.:ti.-:t....-,M..�.nw-+.f,.;.. ..,.y.:'S��n.+� — ".:..?�us�.� c.aui��,Lr�.�x _..,.:�:� n^1.W.;��..� °,.;n"y�t'.11,•. ..,.��`�s .Arn.,.�.''�'i^#:R.S".+°v'+`Rf^:� - . ,��tr•g.A,e. � � � . . / . �. � . . � . . n.. •,. � � ' (6) Al1 signs or postings on the above described property shall be approved by the Town of Vail Design Review Board. • Each of the conditions, eovenants, restrictions, and reservations herein set forth shall run with the land and shall be binding upon the Grantee, its successors and assigns, and upon each of them, and all parties and all persons claiming under them, for a period of 20 years form the date of this conveyance. All parties claiming by, through, or under Grantee shall be taken to hold, agree, and covenant with the Grantor of said property, with its successors and assigns, and with each of them, to conform to and observe said restrictions as to the use of the described property. Invalidation of any of these conditions, covenants, restrictions, or reservations, or any part thereof by judgments or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. TO HAVE AND TO HOLD the real property above bargained and described, unto the Grantee, its successors and assigns forever; and the Grantor, for itself and its successors covenants and aqrees to and with the Grantee, its successors and assigns, the above bargained real property to WAR.RANT AND FOREVER DEFEND in the quiet and peaceable possession, of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through, or under the Grantor; but if, during the term of the canditions, covenants, restrictions, and reservations, there shalJ. be a continued substantial breach of any one of the conditions,� covenants, restrictione, or reservations herein set forth, the above described property shall revert to the Grantor. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. (SEAL.) TOWN OF VAIL, a Colorado Municipal Corporation ATTEST: � . ... �i By: � Tow er J n A. Do son ayor STATE OF COLORADO } . ) ss. COUNTY OF EAGLE � ) The oregoing instrument was acknowledged before me this � Ylt. day of 1977, by John A. Dobson as Mayor and �,(,�;ctl� C kZ�� as Town Clerk of the Town of Vail, a Colorado M �iicipal� orpor tion. F Witness my hand and official sea.l My Commission Expires Jun: 27, i978 • ` My commission expires: . � ��.�..� s No ary Pu -2- , . DRAFT � • ••---_' QUIT CLAIM D��D THIS DEED, made this day of June, 1977, between the Town of Vail, a Colorado Municipal Corporation, as grantor and Manor Vail Condominium Association, a Colorado Non Profit Corporation, as grantee. WITNESSETH, the Grantor, for and in consideration of the sum of one dollar ($1.00) to the Grantor paid by the Grantee, the receipt whereof is hereby canfessed and acknow- ledged, has remised, released, sold, conveyed and quit claimed and by these presents does remise, release, sell, convey and quit claim to the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described real property, to wzt: (to be supplied later) Subject to the following conditions, covenants, res- trictions and reservations agreed to by the Grantee: (1) No property described herein shall be used or occupied at any time for any purposes other than pedestrian, utility and open space purposes. (2) No property described herein shall be used or considered in determining the gross residential floar area or density that the Grantee would be entitled to. (3) An easement for pedestrian and utility purposes 20 feet in width from the public thoroughfare to Gerald R. Ford Park shall be provided for the use, benefit and enjoyment of the public. (4) At the entrance to the above described area, the Grantee shall provide and maintain a sign to advise the public that said area is open to the use of the public. (5) All signs or postings on the above described property shall be approved by the Town of Vail Design Review Board. � . _.... .. ..__ . _ � � � � • � � , QUIT CL1�IM DEED Page 2 (6) Except as otherwise set forth herein, the con- ditions, covefiants, etc. , herein set forth shall run with the land and shall bind the Grantee, its successors and assigns; and all parties claiming by, through, or under it shall be taken to hold, agree, and covenant with the Grantor of said property, with its successors and assigns, and with each of them to con- form to and observe said restrictions as to the use of the • property. Upon a breach of any one of the conditions, covenants, restrictions, or reservatians herein set £orth, or the continuance of such breach, the above described property shall revert to the Grantor. (7) Each of the conditions, covenants, etc. , set forth above shall continue and be binding upon the Grantee, upon its successors and assigns, and upon each of them and all parties and all persons claiming under them for a period of 20 years from the date of this conveyance. (8) Invalidation of any of these conditions, covenants, etc. , or any part thereof by judqments or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, � title, interest, and claim whatsoever of the Grantor, either in law or equity, unto the Grantee, its successors and assigns torever. IN WITNESS WHEREOF, the Grantee has hereunto set its hand and seal the day and. year first above written. (S E A L) TOWN OF VAIL, a Colorado Municipal Corporation ' ATTEST: . By: Town Clerk John A. Dobson Mayor ` ' A• TIANOR VAIL STREET VACATION � Hearinq before the Vail Town Council June 21, 1977 7:30 P.M. Donovan: I disagree. I disagree 1Q0$. [Ve're talking about the dedication of the street to Manor Vail, and I think its an excellent proposal, and I've seen their plans - excellent plans t� make a beautiful walkway. At this time - today - we do not know the cost of the line. Kent talks about shoring up 3 or 4 foot wide cut that goes 24 feet deep. Obviously, the cost of shoring up a cut that goes to that depth vs. laying it back could be a substantial amount - and to replace who's landscapzng? The landscaping he's going to put on Town property? Which is fine. I think he should do it, or on his own property. But at this time I'm not ready to commit to vacating the street when at some date we might want to come right down the middle and lay it back in order to save the Town, and I'm talking hundreds of thousands of dollars, because if anyone in this audience is knowledgeable, they know that when you go 24 feet deep, and you Zay it back 50 feet, that you're tslking about very expensive building. And if we start ripping out Dick's landscaping, which is on our property which we have bequeathed him tonight, 2 think we have a very serious problem. As the Attorney outlined, I agree with that -- that an aqreement can be reached within the next few weeks, and I don't think it should take any longer than that, that Manor Vail agrees that the cost of replacing this planter box or that planter box, that this can be reached, then 2'm all for it. But at this stage to commit the public property to a �rivate individual to landscape and then say that at some later date we may have to rip it up and the public will have. to pay for it, I think we're makin� a serious error. Wilto: Kent, I have a question. That cut that would have to be 24 feet - for what distance would it have to be at that depth? Rose: That's hard to answer without really looking at it. • I think we're probably talking from the FTren over to the bridge, a total of about 400 to 500 feet. T aTi -t type of sewer put in around here anywhere from maybe $12 to about S15 to $16 a foot. That's assuming a standard cut from about 5 to 8 feet, so we're looking at a 20 £oot cut,, say for 2/3 of that area. I, just off the top of my head, can't imaqine that it would be more than $40 a foot for the 40� to 500 feet., average, so we're talking maybe in the range of $16,000 to $20,000 to do that kind of work. Wilto: But it would have to be approximately 20 feet deep for 2/3 that distance? . Rose: Yes. I think so. An average of 20 feet, maybe up tn 22, and until you get very close to the bridqe, probably 15 or 16 feet and then pretty quick in the last 50 to 75 feet. Elias: May I just add - I think that puts a little better perspective. Z was aghast late tonight wheii I heard $100,000 thrown around. tVe've relocated electric, gas, , telephone lines for a great many f.eet oE t at�ist'ance, for $15,000, So, I hate to disa�ree with John Danavan because he, in essence, agrees with , � ' MANOR VAIL STRFET VACATION Page 2/Transcript Elias, cont. : the project, but I think he's overstatinq the potential liability to the Town. And, if we don't know at this ' stage in our growth in this Villaqe what it costs to do certain things like that, and I think the other Councilmen should be aware that I think that's somewhat an exaggerated amount at this point. Donovan: Dick, 2'm not so much worried about cost. I �uess I am worried about cost - I worry about when we start tearing out your property that we give you toniqht. I worry about who's going to replace that. You may have a fountain; or you may have a very attractive rock wall, planter, and if we determine at that time that we have to go through that, who replaces it? And who's cost to replace it? I think that, unfor- tunately, you have a deadline of Tuesday or Monday or whatever you mentioned, Unfortunately, these questions haven't been resolved. If we could resolve them before then, I'd be 100$. Before I give away the public's property to private enterprise and then have to come back and literally have to buy it back a year oz two from now, I would like these guestions anst•�ered. Elias: N7e11, unfortunately, I've worked on this for almost 2 years I want the public and the Counci men to understan there was Donovan: I agree. � Elias: And at work sesszon, I wasn't confronted with any problems, and today I found out about it at 4:00. So, fine, I can on that part of the project. We can sit there wit�h—t�Antholz for another 4 years, because what we're trying to do, T'll guarantee you, we can solve those kind of problems later down the road with this agreement. I can't see that with the expertise this Street Department has shown in the Village in 9 years, it's qoing to run into those kinds of complicated problems. And I've stated that if it's , less than 258 here tonight, which can be further negotiated - if it's less than 25$ of that landscaped • area •that we put in, we will hold you harmless in replacing that landscap.ing. Donovan: 25$ of what figure? Elias: 25� of the total landscaping. Aonovan: That's the figure I'm asking - what figure7 Elias: It's $80,000. But, if it's 2 years down the road for the replacement oE that, it would be 25� of the land- scaped area, whatever the cost mav be down the road. And, you know, that's fair. Donovan: That somewhat satisfies my concern that he's willinq to foot the cost of replacing his landscaping up ta to the tune of 520,000. Staufer: I think that, you know, Dick is right to some extent. This has been negotiated for the last - well, not negotiated, but it has been on the boards for the last 2 or 3 years. �Ve all felt that it is a good approach to let private dollars pay for the landscapiny that we want over there. Sure, the landscaping will be ___.._,:: _ ,:. _.,, , , . . .... . ...v..�., .�Y.F.�� . ' ,,, .. .. . . . . . .... � , „ . . ' • MANOR VAIL STREET VACATION I Page 2/Transcript Staufer, cont. : around Manor Vail, and it doesn't harm them any either, you know. But, we wanted an approach from Golden Peak � to Ford Park; we wanted to spend major dollars there. And I remember that at one point we were talking about spending $30,000, $40,000 of the Town's money there. Now, by vacating that street to them, we get $80,000 worth of private money spant there. So, I think it's a very good trade-off there. We're not giving the property away. We're selling it at 1/2 an acre or 1/4 an acre - whatever it happens to be - at $80,000, and we don't put the landscaping in, you know, which • we planned to do. In addition to that, we do have a pedestrian right-of-way through there, and right in the Resolution it says that we shall remain a utility access - we shall remain in possession of a utility access. So I don't think. . . so far we're all right. Now, the concern is if we have $16,000 or $20,000 to put utilities, a sewer, to Ford Park prior to the lst of June, next year. If we want to put utilities into the Ford Park, we better put them in prior to next year, because we've other things planned for over there, and things are going on, and things are happen,ing over �here. So I think we have to put the sewer in, and water is over there now, and it just can't be put to all the extensive use we want to put it to unless we do put sewer in there. So I think that if we all agree sewer should be put over there, we'll just have to agree that we ought to do it before the lst of June next year, then we have no problem. And I think we can overcome that and go ahead and not throw the whole project out because we are not sure one way or another whether we can build a sewer line for $15,000 or $20,000. I don't think we should throw an $80,000 project ont and throw it away because of the gamble of whether we will be able to or not be able to put a $16,000 sewer line in by next June. Dobs�n: Ok, Joe. Are there any other comments from Council? Are there any comments from the Floor? Then, Larry, you have, T think, two basic recommendations or � suggestions as far as Council action is concerned. • Would you like to outline them? Maybe you only had one. Rider: I just suggested that there would be an alternative way to do this - approve the Resolution as written, subject to the Town Manager and Town Engineer working out an acceptable agreement with Mr. Elias. The second alterna- tive would be to in .fact amend the Resolution to add a subparagraph 1(e) that says the conveyance is subject to the condition that an adequate utility easement be provided across the property as outlined by the Town Engineer. So it's one and the same really except that one you're actually putting in the Resolution, and the other one you're just giving the Town Manager the authority to go out and negotiate that provision. Dobson: OK, then .I'd entertain a motion from Council on one or the other of. those alternatives. Donovan: I would like to introduce into the Resolution an additional paragraph that says that Manor Vail is in agreement to replace personally destroyed landscaping up to the tune of $20,000. . . Tf we destroy their property. . . Dobson: Wait a minute. If the work did not take place until after they had installed that landscapinq. Does that follow, Dick? w V ,• , MANOR VAIL STR�rT VACATION Page 4/Transcript Elias: Yes. That's fine. Dobson: OK. Donovan: I make a motion to approve Resolution No. 12 as outlined by the Town Attorney.and as modified by myself. Staufer: Second. Ruder: I have a question. Which way would you want it to read, John - as subparagraph 1(f) or what? Aobson: OK, which one do you want? Ruder: Do you want to put the things into the Resolution, or. do you want to put it that the Town Manager and the Town Engineer would negotiate? Donovan: I want it part of the Resolution. Ruder: As subparagraph 1 (f) . Dobson: OK, Larry, have ynu got all those notes? Larry, will you incorporate John's suggestion one more time ir. a suggested motion? Rider: 1(f) , all right. The motion would be the approval of Resolution No. 12 with the amendment„j�,X,the addition of ragraph 1(f) that would .p�e�e �hat Manor Vai� �-! G-��i� '� � ' e to the Town of Vail an easement adequate for the installation of a sewer line to serve Gerald R. Ford Park, and in .addition thereto, to agree to replace any landscapin up to the amount of $20,000 -�-�/�misplaced by the Town's�work in installation of that locµ sewer line. p��y.�S�� 4 � .�� Lt�,,,,d,,, Dobson: OK. John, is that acceptable? vO�-�� Donovan: That's perfect. Dobson: So, you make that motion, ok? Donovan: So move. Staufer: Second. Dobson: Moved by Mr. Donovan; seconded by Mr. Staufer. Any . further comments? If not, all those in favor. All: Aye. Dobson: Opposed? (none) Stands approved. finis - sjm - • — --___.. . .. . _ .a �� . . ,� . i /1 /�1 to�n or �aa box 1oU office of the town attorney vail, colorado 81657 (303) 476-5613 June 16, 1977 Mr. Gary Toby Hindry & Meyer . Attorneys at Law 621 17th Street Suite 2300 Denver, Colorado 80202 Dear Mr. Toby: Enclosed is a draft of a Quit Claim Deed wi�h a reverter clause for the public thoroughfare that is to go to Manor Vail. Would you look it over and call me if yau have any questions or sug-- gestions. This transaction was i.nformally approved by the Council with � one additional directive. After the Deed was executed, it _ should be held until the landscaping and other improvements are compl.eted in accordance with the approved p1an. If you prefer, we could set up an escrow arrangement to accomplish. that. Respectfully, � Lawrence C. Rider Town Attorney LCR/sjm � � enclosure � ` , !� . . I; l , . i . . ._. . . . ...__......._.. .... . ... . . .. �� I MEMOftANDUM • T0: TOWN COUNCIL FROAi: DEPARTAZENT OF CO�IMUNITY DEVELOPMENT , DATE: May 17, 1977 RE: MANOR VAIL STRk�ET VACATION � Manor Vail has requested that the street running through the center l of their property be vacated so that they can do extensive landscaping I and paving. They have committed approximately $86,000 for the paving and landscaping. The Planning Conunission reviewed tae proposed plan and felt that it I is a significant improvement, The staff has worked closely with the architect and with the owner and we feel the proposed project is a good one and would recommend that the street vacation be approved with the following conditions: � 1. A 20' pedestrian and utility easement be granted. I 2. That appropriate signs be provided to indicate that the mall i is public access to Ford Park. i 3., That the vacatiori not become final unti7, landscaping and other improvements have been completed in accordance with the approved plan. / ��, e.� LZ�C'� ��e..�� //� �"` �(,./�--i� � ��`"��t. C�J�� /' J S` �� _ aJ( -�.a+�.w-..a1, � � I � � � cAGLE COUNTY, C❑ 2 0 08 0 1 1 7 3 � � ' �i r TEAK J SInONTCN .•f��..�� Pgs: 12 12:29:23PM 01�1�r2008 REC� 561.00 DOC� S • ' I �� III��I � (li�I I��I I�II I��I III I�� IIII II� I��I HOLY CROSS ENE � UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that the undersigned, / / ; MANOR VAIL CONDOMlNIUM ASSOCIATION,a Colorado non-profit corporation � /:_" ' ' (hereinafter called"Grantor"),for a good and valuable consideration,the receipt whereof is hereby acknowledged,does hereby grant unto Holy Cross Energy,a Colorado corporation whose post office address is P.O.Box 21 50,Gienwood Springs,Colorado (hereinafter[alled"Graniee"),and to its successors and assigns,the right of ingress and egress across lands of Grantor,situate in the County of Eagle,State of Colorado,described as follows: LoCA,Manor Vail,a resubdivision of Lots A,e,C,Vail Village Seventh Filing,according to the final plat thereof, in Section 8,Township S South,Range 80 West of the 6`"P.M.,more fully described at Reception No.453494 in the records of the Eagle Counry Clerk and Recorder's Office,Eagle,Colorado. � And,to construct,reconstruct,repair,change,eniarge,re-phase,operate,and maintain an underground electric transmission or distribution line,or both,with the underground vaults,conduit,fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground,within the above mentioned lands,upon an easement described as follows: An Easement containing underground power lines with above ground pad mounted equipment as constructed,the location of said Easement upon the above described property is shown on Exhibits A,e,C,D,and E attached hereto and made a part hereof by reference. The rights herei�granted specifically aliow Grantee to install additional underground and/or pad-mounted facilities within the easement described herein. It shall be the Grantor's responsibility to ensure[hat splice vaults,switchgear vaults and transformer vauits installed hereunder on said reai property are accessible by Grantee's boom trucl<s and other necessary equipment and personnel at all iimes. The use of such access by Grantee shall not require removal or alteration of any improvements,landscaping,or other obstructions, The ground surface grade shall not be altered within ten(10)feet of said splice,switchgear and transformer vaults,nor along the power line route between the vaults. The ground surface grade at said transformer and swftchgear vaults shall be six(6)inches below[he top of the pad. The ground surface grade at said splice vaults shali be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered(excluding snow)and accessible at ail times. Improvements,iandscaping or any other objects placed in the vicinity'of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten(10)feet of said transformer and switchgear doors shall be flat,level and free of improvements,landscaping,and other obstructions. Improvements,landscaping and other objects will be kept a minimum of four(4)feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requiremen[s of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the righ[to remove any and all trees,brush,vegetation and obstructions within said eas�ment and the right to pile spoils outside sald easement during construction and maintenance,when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscap(ng or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands,shall remain the property of Grantee,and shall be removabie at the option of Grantee. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character,except those held by the following: TO HAVE AND TO HOLD,said right•of-way and easement,together with all and singular,the rights and privileges appertaining thereto,unto Grantee,its successors and assigns,forever. IN WITNESS WHEREOF,Grantor has caused these presents to be duly executed on this�day of I��'( .,nl�.�.if'. 2��' � The individual signing this Holy Cross Energy Underground Right-of-Way Easeme ereby r presents hat he/s e has full power and authority to sign,execute,and deliver this instrument. MANQ IL CONDO NIUM A OCIATION� , a Golbrad non-orofit roor on � By: {�4��Presi nt STATE OF tllinntS ) )ss. I COUNTY OF l�o�ia- ) The foregoing instrument�^'a acknowledged before me this I�t�- day o _'ICt;r� 201�7 ,by S 1�Pea� �oCSI� s 6Tt 9resident of MANOR VAIL CONDOMINIUM ASSOCIATION,a Colorado non-profit corporation. WITNESS my hand and offici I K n_ .h' My commission expires: ��"�'w��'�`' OFFICIAl.SE1�U. Notary Public SARAM H.AUSTIN NO7ARYRUBI.IC-STATEOFIti.I dress: �ol/�(qir Jf�,�ff I(�UD �oYt� 7L �n I Loa. MY bOMGI$&ION EXPiRES&14201 W/0#07-19135:52-60,64:Manor Vail Expansion:l2-10-07 07-191 35 Johnston Revised 9-14-04 PLEASE RETURN T0: HOLY CRO55 ENERGY P.O.BOX 21 50 GLENWOOD SPRINGS,CO 81602 • . �� . � _ , �'�Il#��-��3 ��1L��tg I.td. L�GAL DESCRI'PTION ELECTRIC EASENIENT Exhibit"A" An°Electric Easement located across a portion of Lot A,Vail Village,Seventh Filing, Town of Vail,County of Eagle,State of Colorado,more particularly described as follows; , Commencing at the Northeasterly conier of Lot A,A Resubdivision of Lots A,B,C,Vail Village,Seventh Filiug,Town of Vail,Eagle County,Colorado as Recorded in Book 557 at Page 362 in the Office of the Clerk and Recorder of Eagle County,Colorado; ' Thence S 19°57'03"E a distance of 334.01 feet along the easterly lot line of said Lot A to the True Point of Beginning of the Parcel herein described; Thence continuing S 19°57'03"E along said east lot line a distance of 15.19 feet to a point; Thence S 61°03'O1"W a distance of 1.73 feet to a point; Thence N 28°56'S9"W a distance of 15.00 feet to a point; ' � Thence N 61°03'O1"E a distance oF4.10 feet to a point and the 1'rue Point of Beginning, � containing 44 s L or 0.001 acres,more or less. � ��'p� �f��f �0 e,`.o�,F F.;;�., F p •+�� r/• ./" � �� Pic�-;,/=�� ., � �a�i1�:�.i:- , , .�� ` � � 1` .OY=, .• F,QND°�p'�S' - i� Prepared by Int ' �m Engineering on October 9,2007 Duane Felu-inger P.E.&P.L.S.26626 P.O.Box 978 Avon,Colorado 81620 (970)949-5072 .1:/projects/40061E/survey/]0-1-07revised easements/legals/manor vail-�i 6551 S Revere Parkway,Suile 165 •Cenlennial,Colorado 80�11.303 948 6220•Fax 303 948 6526 40801 US Hwy 6&24,Suile 203•PO Box 978• Avon,Colorado 81620•970 949 5072.Fax 970 949 9339•Toli Free 800 8,56 2258 &io rdimer Sveei•Saiida,Goiorado FstZU1.719 5391183•Fax 719 539 1183 � S 0 0 � � GOR� CREEK TRUE POINT OF Sf95703 E BEGINN/NG � 15 19 � � SG7 il3'Of"W � / 1.73' FORD PARK � ' ' N2B 56 59"W I �-- � �N6717301 E 44 SO. FT, i �/ r � 4'�� 0.001 ACRES � ' / �_ -��"1 � � � I � � / � I I s -" I � I , , �" , � I � �°'� I i /� � �p3"E 5j95 I� PO/NT OF �� / � COMMENCEMENT / / � � �' / // LOTA r � � / / (MANOR VA/L) / , / A RESUBD/�/S/ON OF L O TS A, B, C, l/A/L l//LLAGE, SEl/ENTH F/L/NG � ' �- � � �- EX/SiINC 20'NON-�EH/CULAR, / / PEDESTR/AN, B/CYCLE AND I U7/L/TIES ACCESS EASEMENT / / NOIE.• I 7H15 OOCUMENT D�S NOl R£PR£SENT A MONUMENIED SUR�FY. /T/5/NTENOEO ONLY TO DEI'/CT IHE ATTACHED OESCR/PAON. • , � J . , � ' �i �a$e�-I'V��t� �� LEGAL DESCRII'TION ELECTRIC EASEMENT Exhibit"B" An Electric Easement located across a portion of Lot A, Vail Village, Seventh Filing, Town of Vail, County of Eagle,State of Colorado,more particularly described as - follows; , Commencing at the Northeasterly comer of Lot A,A Resubdivision of Lots A,B,C,Vail ' Village,Seventh Filing,Town of Vail,Eagle County,Colorado as Recorded in Book 557 at Page 362 in the Office of the Clerk and Recorder of Eagle County, Colorado; Thence S 19°57'03"E a distance of 204.38 feet along the easterly lot]ine of said Lot A to the True Point of Beginning of the Parcel herein described; Thence continuing S 19°ST03"E along said east lot line a distance oF 11 L73 feet to a point; Thence N 42°10'03"W a distance of 29.21 feet to a point; Thence S 84°50'21"W a distance of 51.81 feet to a point; Thence N OS°09'39"W a distance of 10.00 feet to a point; Thence N 84°50'21"E a distance of 51.58 feet to a point; « Thence N 13°19'2]"W a distancc of 75f47 feet to a point and the True Point of ; Beginninb,containing 1,089 square feet or 0.025 acres,more or less. ./"^� O�o�`a�o��N�'Pist�,� : ;' � �/O--�I c O ('' i ,� :Q 26 26 �: �-,e� . .... 's• �.---� `�.ANp�P,�' Prepared by Inte gineering on October 9,�2007 Duane Fehringer P.E. &P.L.S.26626 P.O. Box 978 Avon,Colorado 81620 (970j949-5072 J:/projects/40061E/survey/10-1-07revised easements/leg�ils/manor vail-b 6551 5 Revere Parkway,Suite 165 •Centennial,Colorado 80111•303 948 6220•Fax 303 948 6526 40801 US Hwy 6 8 24,Suite 203•PO Box 978• Avon,Colorado 81620•970 949 5072.Fax 970 g49 4329•Tel!Fr�8nn u5g?p�n � 916 Palmer Sireet.•Salida,Colorado 81201•719 5391183•Fax 719 5391183 G�RE �RE—�— FORD PARK � � �- -� ,��•ag'E j 519 N i �, � � p4.38 / 519'S��3ME Z� �i � i /� � TRUE POIN T OF �/ BEGINNING POINT OF � / / i / COMMENCEMEN T � / // � � / / LOT A (MANOR VA/L) t � i �eC � / A RESUBO/t//S/ON OF L O TS A, B, C, �— � EXISrING 20'NON—�EHlCULAR, � / VA/L 1//LLAGE, SEI/ENTH F/L/NG PEDESrRIAN, eicrccE AND UAUTIES ACCESS EASEMENT I / / � � � � � � / / �- � / / .� /� //� � /�� N4270'03"W 29.2)' 1,089 SO. FT. 0.025 ACR£S S05�9 39 E 10.00' NOTF.� IH/S OOLUM£NT OQES NOT REPRESfNT A MQNUMFN7FD SURVfY. lT/S/NTENOEO ONLY TO DEP/CT IHE ATTACH£O OESCR/PIION. , h , . . � . � a�'��=��1�3� ��t3��l�Lt�. LEGAL DESCRIPTION ELECTRIC EASEMEN'I' Exhibit"C" 'An"Electric Easement located across a portion of Lot A,Vail Village,Seventh Filing, Town of Vail,County of Eagle,State of Colorado,more particularly described as follows, Commencing at the Northeasterly corner of Lot A,A Resubdivision of Lots A,B,C,Vail Village,Seventh Filing,Town of Vail,Eagle Cowity,CoJorado as Recorded in Book 557 at Page 362 in the Office of the Clerk and Recorder of Eagle County,Colorado; Thence S 19°57'03"E a distance of 173.44 feet along the easterly lot li�le of said Lot A to the True Point of Beginning of the Parcel herein descriUed; Thence continuing S 19°ST03"E along said east lot line a distance of 15.00 feet to a point; Thence S 69°14'47"W a distance of 3.05 feet to a point; Thence N 20°45'13"W a distance of I5.00 feet to a point; Thence N 69°14'47"E a distance of 3.26 feet to a point and the True Point of Beginning, containing 47 eet or 0.001 acres,more or less. � ��p Rf�� T � ....... S O +" F O� �=�p. ,E�yq�� aG� :�O°�/`fJ�� 4 * � ;0 2662 �: �� .� .......••°�s• ,�. .. F.qND e.�. Prepared by taiv Engineering on October J,2007 Duane Fehringer P.E.&P.L.S.26626 P.O.Box 978 Avon,Colorado 81620 (970)949-5072 J:/projects/40061E/survey/10-1-07revised easements/legals/manor vail-c 6551 S Revere Parkway,Suite 165 •Centennial,Coloredo 80111.303 948 6220•Fax 303 948 6526 40801 US Hwy 6&24,Suite 203+P0 Box 978•Avon.Colorado 81620.970 949 5072•Fax 970'949 9339•ToIPFree 80Q S56 2258 yiti raimer Streel..Salida,Colorado 81201.719 539 1183.Fax 719 5391183 1 Y .� , � � - - � GREE� � `�'� �QRE ' /� i/ FORD PARK � ' � i/� � i � i � � � 5195703 E � � /� � TRUE PO/NT OF 15�� r� ' I I BEG/NN/NG � � I I / � 56974'47"W � /�' 3.05' I / 47 50. FT. I � 0.007 ACRES � N6974 47 E N20%FS"13�W I � � 3 26' 15.DO' I_--� I PO/N T OF ��3 44 COMMENCEMENT '9,��E / � I � � / � � � / / EXISTING 20�NON-VFHICULAR, PEDESTR/AN, BICYCLE ANO / � � �-� UT/L/77ES ACCESS EASEMENT � � / ! / LOT A x / �' (MANOR V.4/L) I � � � A RESUBD/I//S/ON OF L OTS A, B, C, I VA/L li/LLAGE, SEI/ENTH F/L/NG � , , I NOTf.- IH/S OOCUMENT OCES NOT R£PR£SENT A MONUMEN7E'D SURVE'Y. � /T/5/NIENDEO p1rLY TO DEP/CT 7HE ATTACH£O D£SCR/PDOJV. F � aa '� �°�� § � 0 � �"s �.g �d � �� 8 �� W U � W J U j m � 0 a � N � ti. O o ° ¢ J � 4 � O o Jo U 2 o �` r '^ � � Z > � � I=/1 N W � w < < < W J Q J 5 �- O � J ; � ,._,�. ,o-:.-o� O6-at09 � , � � ` • . � . ,�°i`��e�=��a� �lE�gi.�a�a�ag�a. LEGAL DESCRIPTION ELECTRIC EASEMEiv'T Exhibit"D" An`Electric`Easement located across a portion of Lot A, Vail Village,Seventh Filiug, Town of Vail,County of Eagle,State of Colorado,more parcicul�rly tlescriUed as follows; Commencing at the Northeasteriy corner of Lot A,A 12esiibdivision of Lots A,B,C,Vail Village,Seventh Filing,Town of Vail,Eagle County,Colorado as Recorded in Book 557 at Page 362 in the Office of the Clerk and Recorder of Eagle County,Colorado; Thence S 19°57'03"E a distance of 87.80 feet along the easterly lot liiie of said Lot A to the True Point of Beginning of the Parcel herein described; Thence continuing S 19°57'03"E along said east lot line a distance of 31.87 feet to a point; Thence N 32°53'S2"W a distance of 15.92 feet to a point; Thence N 44°19'S2"W a distance of 28.73 feet to a point; Thence N 38°54'S9"W a distance of 26.69 to a point; Thence N 46°41'04"W a distance of 1 17.53 feet to a point; I Thence N 74°59'29"W a distance of 1 Q6.72 feet to a point; > "� v � Thence N 38°40'S3"W a distance of 7.88'feet to a point on the north line of said Lot A; Thence S 74°03'32"E a distance of 129.43 f�'et along said nortl�line to a point; Thence S 46°41'04"E a distance of 105.04 feet to a point; Thence S 38°54'S9"E a distance of 26.89 feet to a point; 6557 S Revere Parkway,Suite 165 •Centennial,Colorado 801'11•303 948 6220•Fax 303 948 6526 40801 US Hwy 6 8 24,Suite 203•PO Box 978. Avon.Colorado 81620•970 949 5072•Fax 970 949 9339•Toll Free 800 856 2258 916 Palmer SUeet.•Salida,Colorado 81201•719 539 1183.Fax 719 539 1183 � ,4 _. � Thence S 44°19'S2"E a distance of 14.83 feet to a point on tlle east line of said Lot A and the Tiue Point of Beginnin„containing 2,Q37 square feet or 0.048 acres,more or less. O�POO•'F�C/�fF �p� :��i,p' BN�p�•, ?� -=�6626� � � s. ' i� 'v�....uM •S' � AND P'•�' , Prepared by ain Engineering on October 9,2007 Duane Fehringer P.E.&P.L.S.26626 ! P.O.Box 978 Avon,Colorado 81620 (.97.0)949-5072 J:/projects/40061E/survey/10-1-07revised easements/legals/manor vail-d + ``� k � � � GORE CREEK FORD PARK PO/NT OF �— / / /124 5 / S�a� 3Z^Y! ��6'Z �_� �' �/ / N9`�59 29 / /'� � � / N38 40 53"W � � 7.88' .� ' L� COMMENCEMENT S�9 \ S), � `O3F , �� 54479 57 E / S385459\��' 14•B3� � 26.891 \ 546 4104£ 105.04' � � i � , �1,087 SO. FT. 0.048 ACRES 26.69' TRUE PO/N T OF BEG/NN/NG 519 57 03 E —� `J7.87' �� \ � N447952'W \ 28.73' _\ 15.92• cor A (MANOR 1/A/L I A RESUBD/lilS/ON OF L G�TS A, B, C, VA/L l//LLAGE, SEI/EN;�H F/L/NG NOTF.• IN/S OOCUM£NT DO£S NOT l7EPR£SENT A MQNUMfN7E0 SURVE'Y. /T/S/NTENO£D ONCY TO DEI'/CT 7N£ATTACH£D DESCR/PAON. � �' _ _ � ' � �l��'=��3a3 �g'i��fl'�g L�. LEGAL DESCRIPTION ELECTRIC EASEMENT Exhibit"�" - An Electric Easem�nt located across a portion of Lot A,Vail Village,SevenUl Filin�, Town of Vail,County of Eagle,State of Colorado,more particularly descriUed as follows; Commencing at the Northeasterly corner of Lot A,A Resubdivision of Lots A,B,C,Vail Village,Seventh Filing,Town of Vail,Eagle County,Colorado as Recorded in Book 557 at Page 362 in the Office of the Clerk and Recorder of Eagle County, Colorado; I Thence N 74°03'32"W a distance of 244.79 feet along the northerly lot line of said Lot A to the True Point of Beginning of the Parcel herein described; Thence N 83°14'07"W a distance of 19.49 feet to a point; Thence S 50°42'15"W a distance of 5.33 feet to a point; Thence S 02°45'21"W a distance of 12.72 feet to a poiut; Thence S 28°09'25"W a distance of 14.56 feet to a point; Thence N 00°00'00"E a distance of 35.47 feet to a poiut on the north line of said Lot A; Thence S 74°03'32"E a distance of 32.20 feet along said north line to the True Point of Beginning,containing 256 square feet or 0.006 acres,more or less. ' � r �Pp� REG/�� ,� ....F l�, .��,O fN,p•. � . L�'��.,.�;� �. �, ,0 2662 �; .i��'�,�S, F qND P•�'' Prepared by - ountain Engineering on October 9,2007 Duane Fehringer P.E.&P.L.S.26626 P.O.Box 978 Avon,Colorado 81620 (970)949-5072 J:/projects/40061 E/survey/10-1-07revised easements/legals/manor vail-e 6551 S Revere Parkway,Suile 165 •Centennial,Colorado 8D111.303 948 6220•Fax 303 948 6526 40801 US Hwy 6 8 24,Suite 203•FO Box 978•-.Avon;Colorado8�620•970 949 5072.Fax 370 949 9333.Tbil'free'800"856 2258 ytti Nalmer Sheet..Salida,Colorado 8'I201•719 539 1183•Fax 719 5391183 S74 03'32 E 32.20' / PG'lNT OF � COMMENCEMENT RE� � G �pR / � � � � \ r � � � . FORD PARK �/ - -- - - - ---� \ / �- -. - `'- - � ' i % - - -- - - - ----_ � 24��9� � - / N,4�2:/ / /- � � � �� 7G� / � � � TRUE POINT OF BEG/N/V/NG �/ � o ! /�-� �s / �\ a'� r \\ /`� OUIT CLA/M��= DfED 2-74-84 \ \ � .,� ' I � 583 74 07 E 19.49' S50 92'15"W 5.33" 502 4571"W 12.72' 256 50. FT. 0.006 ACRES -S28 t79'25"W 14.56' 20'HOL Y CROSS \ R O.W. EASEM£NT BK248 PG314 \ \ � LOT A (MANOf? VA/LJ A RESUBD/l//S/ON OF L O TS A, B, C, I/A/L 1/ILLAGE, SEI�ENTH F/LING e� NO7F.• 7H/S OOCUMENT OpES NOT/7EPRf5£NT A MONUAIENIFD SURVE'Y. /T/S/N7ENOE0 ONLY TO DEP/CT 7H£ATTACH£O D£SCR/PAON, • , .• EAGLE COUNTY� CO 2 00 8 0 6 272 , TERK J SIMONTON 03t24r2008 p95: 7 92��2�B1Ph � 7 REC� �36.00 DOC� 8 ( ` �I��I��I��I��I��I��III�I i��i��II��I��il��I�� HOLY CROSS ENERGY UNDERGROUND RIGHT-0E-WAY FASEMENT KNOW ALL MFN BY 7HESE PRESENTS,that the undersigned, �j3� TOWN OF VAIL,a Colorado municipal corporation (hereinafter called"Granto�,for a good and valuable considerauon,the receipt whereof is hereby acknowledged,does hereby grant unto Hoh/Cro'ss Energy,a Colorado corporation whose post office address is P.O.Bax 27 50,Glenwood Springs,Colorado (hereinafter wlfed'Grantee'�and to its successors and assigns,the right of ingress and egress across lands of Grantor,situate in the Counry of Eagle,State of Colorado,described u follows: A parcel of land situated in Section 8,Townshtp 5 South,Range 80 West of the 6'"P.M.,more parttcularfy described in Boek 232 at Page i 37 in the office of the Eagle County Cler&and Recorder,Eagle,Colorado. . And,to construct,reconstruct,repair,change,enlarge,re-phase,operate,and maintain an underground electric transmission or distribution line,or both,with the underground vanits,conduit,fixtures and equipment used or useable in connectfon therewith, togetherwith associated equipment required above ground,within the above mentioned lands,upon an easement described as follows: An Euement containing underground power Ifnes with above ground pad mounted eqaipment az constructed,the location of said Easement upon the above described properry is shown ors Exhibits A and e attached hereto and made a part hereof by reference. The righu herein granted specificaUy allow Grantee to install additiona!underground and/or pad-mounted facililies within the easement desaibed herein. it shall be the Grantor's responsibiliry to ensure that spiice vaulu,switchgear vaults and transformer vauiu instailed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shali not require removal or alteration of any improvemenu,�andscaping,or other o6structions. The ground surface grade shalt oot be altered within ten(10)feet of said splice,switchgear and transfortner vaulu,nor along the power line route between tiie vaulrs. The ground surface grade at said transformer and switchgeaz vaults shali be six(6)inches belaw the top of the pad. The ground surface grade at said splice vaulu shall be even with the top of the pad. The manhole opening of said splice vaults shali be uncovered(excluding snow)and accessible at al►tirtces. Imprwements,landscaping or arry orher obJects placed in the vicinity of said transformen and switchgear shal]be tocaced so as not to hinder complete opening of the equipment doors. The ground surFace within ten(10)feet of said transformer and switchgear doors shall be flat,tevel and free df improvemenu,landscaping,and other abstructions. Improvemerns,landscaping and other objects wifl be kept a minimum of four(4)feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to malntain the requirements of this paragraph and further agrees to correa arry violations which may occur as soon az notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Togeth�r�uith the,�ight to remove any and all trees,6rush,vegetation and obstruaions within said easemeni and the raght to pile spofls outside said easement during construdion and maintenance,when such is reasonably necessary for the implemeniation y and use of the rights hereina6ove granted. In areas where vegetation is disturbed by�he a6ove described use of the easement, the ground surface shail be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other sarface improvemenu added on said easement after the date of execution hereof will be mi�imized and that Grantee will not be responsibfe for damage to said additionai lands�aping or surface improvemenu caused by exercise of its rights granted by this easement. Grantor agrees that alf facilities installed by Grantee on the above described tands,shali remain the property of Grantee,and shali be removable at the option of Grantee. Grantor covenants that it is the owner of the a6ove described lands and that the safd lands are free and clear of encumbrances and ifens of whatsoever character,except those held by the following; TO HAVE AND TO HOLD,said right-of-way and easement,together with all and singular,the rtghts and privileges appertaining thereto,unto Grantee,its successors and assigns,forever. IN�WHEREOF,Grantor has caused these presents to be duly executed on this�day of �—�—l�s.�".("�1 .20 Q�_. The individual signing this Holy Cross Energy Underground Righc-of-Way Fasement hereby represenu that he/she haz full power and authority to sign,execuie,and deliver this inswment TOWN VAIL,a Colorado mu�icip corpo 0 �' �/--- srarE oF L6loraclQ � '""""°`", � �55. COUNIYOF�b� The foregoing instrt�e itc�ackpobrledged before me this�day of��G/C/�-- , 20 OSS •by 1> L•—!eV G�CciY'� as or of TOWN OF VAIL,a Colorado municipal corporatioo. WffNESS my hand and official seal. Mycommissionexpires:p, �al �)� "U\11111tI1It17i�fFFff'` � . N ry �I . �o� NAG ��,� `�0`��1�:'• FC 'k�� Addres '� � ��Q' O,� p,F�Y � � �RS'7 W/Q�07-i 91�:SZBt�64- or V�I f��sion:l 1-7-07 07-19t 35 Johnston Revised 9-14-04 � �' P V��\:�p�e� �+�-{'vrh "�`� % ' . �S,j,•. . � �� 'a, F�OF. Q.� —T—OW» � �/G../` . �,.� ''o'9T G,,: ��urn.um,:+" -TcSwn CI�¢.r'�L._ � 7 S S. �YOYL'�Gr�L '/�Gl. W• �/�Q,c 1� � ��7 . '� . , � , � n ��'.�'-��1��33�� , �Faagia�te��-a�a��.�a. LEGAL DESCRIPTION ELECTRIC EASEMENT Exhibit"A" An Electric Easement located across a portion of Ford Park,Town of Vail,County of Eagle,State of Colorado,more particularly described as follows; Commencing at the Northeasterly corner of Lot A,A Resubdivision of Lots A,B,C,Vail Village,Seventh Filing,Town of Vail,Eagle County,Colorado as Recorded in Book 557 at Page 362 in the Office of the Clerk and Recorder of Eagle County,Colorado; I � Thence S 19°ST03"E a distu�ce of 87.80 feet along the easterly lot line of said Lot A to the True Point of Beginning of the Parcel herein described; Thence S 44°19'S2"E a distance of 14.43 feet to a point; Thence S 32°53'S2"E a distance of 27.26 feet to a point; Thence S 17°22'S5"E a distance of 45.83 feet to a point; Thence N 69°14'47"E a distance of 1.73 feet to a point; Thence S 20°43'36"E a distance of 15.00 feet to a point, Thence S 13°19'21"E a distance of 10238 feet to a point; �Thence S 42°10'03"E a distance of 33h95 feet to a point; � � Thence S 18°38'00"E a distance of 21.63�feet to a point; Thence S 28°56'S9"E a distance of 4.14 feet�to a point; Thence S 61°03'O1"W a distance of 13.27 feet to a point on the east line of said Lot A; Thence N 19°57'03"W a distance of 15.19 feet along said east line to a point; Thence N 61°03'O1"E a distance of 2.71 feet to a point; Thence N 18°38'00"W a.distance of 1033 feet to a point; Thence N 42°10'03"W a distance of 7.71 feet to a point on the east line of said Lot A; 6551 S Revere Parkway,Suite 165 •Centennial,Cobrado 80111•303 948 6220•Fax 303 948 6526 40801 US Hwy 6 8 24,Suile 203•PO Box 978• Avon,Colorado 81620•970 949 5072.Fax 970 949 9339•Toll Free 800 856 Y158 916 Palmer Street.•Salida,Colorado 81207•719 539 1183•Fax 719 5331183 � � , . Thence N 19°ST03"W a distance of 228.31 feet along said east line to tl�e Tnie Point of Beginning,containing 2,081 square feet or 0.048 acres,more or less. -.:_.-.^,-:.n. '�P�� .{E��1 C.�i ��9-F3>Y n�� Lvt�Zt� � � .6•� :�� .,�.-'"" . ' S' F AND 4.�'. Prepare untain Engineering on October 9,2007 Duane Fehringer P.E.&P.L.S.26626 P.O.Box 978 Avon,Colorado 81620 (970)949-5072 J:/projects/40061E/survey/10-1-07revised easements/]egal/ford park-a I � � « ii� t�. . . � ��r � �R G�¢ FORD PARK 53233 52 E 27.26' S44'19 52 E 14.43' TRUE PO/N T OF BEGINN/NG � ,� POIN T OF / �� COMMENCEMEN T �� / / s�•8� � S19•!�'�iE / / / / � � � � � � �� N6974'47 E 57772 55 E �'�'j� 45.8,T'., `\\ 0��8.3� Nt9 57 � . "`��.-- .. � �\`��D� ��\�� 2,081 50. Fr 0.048 ACRES 51,8:i8 00£ S42Y0 03°E� 33.95' .i°"'/ a4z��o'o.�'w , >>r I I N�Et'J800°W 10.33' I N61 Y73 O7£ I 2.71' I I L� � -.- I � LOT A (MANOR VA/L� A RESUBDI li/SION OF L O TS A, B, C, l/AlL V/LLAGE, SEI/ENTH FlLING / � � � � � � S2836 59 E' 4.14' /-561�3 O7"W IJ 27' / � � i N79 57 0J"W 15.19' � EX/ST/NG?0 NON-UEH/CULAR, PEDESTRIAN, BICYCLE AND UTIUT/ES ACCESS EASEMENT NO�' I IH/S DOCUM£NT OqES NOT REPR£SENT A MONUMENTEO SURYEY. /T/S/N7END£D QNLY TO OFP/CT IHE ATTACHED 0£SCR/?AON. • t � . �'��-��.� . Ea��g a.�. , LEGAL DESCRIPTION ELECTRIC EASEMENT Exhibit"B" An Electric Easement located across a portion of Ford Parlc,Town of Vail,County of " Eagle;5tate of Colorado,more particularly described as follows; Commencing at the Northeasterly comer of Lot A,A ResttUdivision of Lots A,B,C,Vail Village,Seventh Filing,Town of Vail,Eagle County, Colorado as Recorded in Book 557 at Page 362 in the Office of tl�e Clerk and Recorder of Ea�le County,Colorado; Thence N 74°03'32"W a distance of 76.67 feet along the northerly lot line of said Lot A to the Tnie Point of Beginning of the Parcel herein descriUed; Thence continuing N 74°03'32"W along said north lot line a distance of 129.43 feet to a point; Thence N 38°40'S3"W a distance of 15.01 feet to a point; Thence N 74°03'32"W a distance of 10.38 feet to a point; Thence S 77°31'38"W a distance of 18.27 feet to a point on the nortl�line of said Lot A; Thence N 74°03'32"W a distance of 32.20 feet along said north line to a point; Thence N 62°48'13"E a distance of 8.38 feet to a poi�lt; Thence S 85°14'09"E a distance of 25,16 feet to a point; r 't i � Thence N 77°31'38"E a distance of 15.1'�feet to a point; Thence N 15°56'28"E a distance of 5.87 fee�+to a point; Thence S 74°03'32"E a distance of 15.00 feet to a point; Thence S 15°56'28"W a distance of 3.07 feet to a point; Thence S 38°40'S3"E a distance of 26.13 feet to a point; Thence S 74°59'29"E a distance of 105.97 feet to a point; 6551 S Revere Parkway,Suite 165 •Centennial,Colorado 80111.303 948 6220•Fax 3D3 948 6526 40801 US Hwy 6&24,Suite 203•PO Box 978• Awn,Cobrado 81620•970 949 5072•Faz g70'949 9339•Toll Free 800 856 2258 916 Palmer Street.•Salida,Colaado 81201•719 539 1183•Fax 719 539 1183 ' . -� �.. , ¢ Thence S 46°4 ' p � e of 15.69 feet to a point and the True Point of Beginnii��c �r�.l�S}�,�' e feet or 0.036 acres,more or less. c'o�''.��'�/�� // ,� :0 2 6 rs 6 �,: ��;��:z``�� L---'- ;(�``r S, Prepared by �'N�t�in�E neering on October 9,2007 Duane Fehringer . . .26626 P.O.Box 978 Avon,Colorado 81620 (970)949-5072 J:/projects/40061 E/survey/10-1-07revised easements/legals/ford parl<-b i p �, k b � � >- S74 YJ,J;72 E 75.00' N75 56 26 E 5.87'� ' N7731:i8 E 15.15' �� /�pRE / FORD PARK S75 56 28"W 3.07' SJ8 40 53 E �26.73' SQ574'09£ I `'1,552 SO. FT. 0.0.36 ACRES 25.16' / N,38 40 53"W N62'18'13£ 15.01' 8.3B' N74 b3 32"W l0.38" 577:31;iB"W 546 41"04 E 15.69' PO/lV T OF COMMENCEMEN T � TRUE PO/N T OF tgE�'il/V/V1 N� 32,VI i 6.6� � � N� / \ / � — — -- — — __� I�II�I��— _ _ _ / — —� / N74�3"32�w �a.2�• LOT �4 � � sz zo' (MANOR VAIL) / 1 A RESUBDI l�/SION OF LOTS A, B, C, � � � �AIL I/ILLAGE, SEt/ENTH FlLING � \ 20'HOL Y CROSS %'� l7 O.W. EASEM£NT �'' \\ � BK248 PC314 / QUIT CLA/M ,�\ DEED 2-14-84 �� V.4/L ti/LLAGE, FOURTH FlL/NG \ � � \ n N07F' 7N/S DOCUMENT DO£S NOT REPRESENT A MONUM£NTE'D SURVEY. /T/S/NTEND£D ONLY TO D£P/CT THE ATTACNED DESCR/P7)ON. �� 1�-�� a. �«�..� �� MEMORANDUM � ' � "' � `� TO: Town Council /�-�p � ,�/h�r� V l l.�• l�J �� FROM: Community Development Department DATE: October 21, 2008 SUBJECT: Second reading of Ordinance No. 16, Series of 2008, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning a 430 square foot parcel of Tract A, Vail Village 7th Filing, from High Density Multiple-Family (HDMF) district to General Use (GU) district, and setting forth details in regard thereto. Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners and Town of Vail Planner: Warren Campbell I. SUMMARY The applicants, Manor Vail Lodge H.O.A., represented by Jim Adams and the Town of Vail, are requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone the 430 square feet portion of Tract A, Vail Village 7tn Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive. This request will make effective several requirements of the Developer Improvement Agreement adopted in conjunction with the creation of Special Development District (SDD) No. 38, Manor Vail Lodge. II. BACKGROUND On August 11, 2008, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. The Staff memorandum to the Planning and Environmental Commission is attached for reference to the memorandum included in this Town Council packet for the Manor Vail Amended Final Plat which will be heard prior to this request. The Review Criteria for the zone district boundary amendment can be found on pages 10, 11, and 12. On September 2, 2008, the Town Council voted unanimously to approve the first reading of Ordinance No. 16, Series of 2008, rezoning a 430 square foot parcel from High Density Multiple Family District to General Use District. Due to a notification error this first reading must be heard again by the Town Council. On October 7, 2008, the Town Council voted unanimously to approve the first reading of Ordinance No. 16, Series of 2008, rezoning a 430 square foot parcel from High Density Multiple Family District to General Use District. III. ACTION REQUESTED OF COUNCIL The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 16, Series of 2008, on second reading. IV. STAFF RECOMMENDATION . The Community Development Department recommends that the Vail Town Council approves Ordinance No. 16, Series of 2008, on second reading. With the following findings: 1. "That the amendment is consistent with the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health; safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." V. ATTACHMENTS A. Ordinance No. 16, Series of 2008 ORDINANCE NO. 16 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONNG MAP; REZONING A 430 SQUARE FOOT PORTION OF TRACT A, VAIL VILLAGE 7T" FILING, FROM HIGH DENSITY MULTIPLE-FAMILY(HDMF) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vai� and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map"is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the"Zoning Map"is compatible with and suitable to adjacent uses and appropriate for the surroundng areas; and WHEREAS, the Vail Town Council finds the amendment to the"Zoning Map"promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. ORDINANCE NO.16, SERIES OF 2008 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: A 430 square foot portion of Tract A, Vail Village 7`h Filing, shall be rezoned from High Density Multiple-Family (HDMF) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid,such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,sections, subsections, sentences,clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ORDINANCE NO.16, SERIES OF 2008 Section 5. All bylaws,orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of October, 2008 and a public hearing for second reading of this Ordinance set for the 215t day of October, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21St day of October, 2008. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk ORDINANCE NO.16,SERIES OF 2008 Exhibit A ORDINANCE NO.16,SERIES OF 2008 l' �� 0`�V�� . � MEMORANDUM Q�� • �('ot,J r TO: Town Council f ,p�'� : _D^Q V � FROM: Community Development Department DATE: October 7, 2008 SUBJECT: First reading of Ordinance No. 16, Series of 2008, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning a 430 square foot parcel of Tract A, Vail Village 7tn Filing, from High Density Multiple-Family (HDMF) district to General Use (GU) district, and setting forth details in regard thereto. Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners and Town of Vail Planner: Warren Campbell I. SUMMARY The applicants, Manor Vail Lodge H.O.A., represented by Jim Adams and the Town of Vail, are requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone the 430 square feet portion of Tract A, Vail Village 7tn Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive. This request will make effective several requirements of the Developer Improvement Agreement adopted in conjunction with the creation of Special Development District (SDD) No. 38, Manor Vail Lodge. Due to a notification error this first reading must be heard again by the Town Council. II. BACKGROUND On August 11, 2008, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. The Staff memorandum to the Planning and Environmental Commission is attached for reference to the memorandum included in this Town Council packet for the Manor Vail Amended Final Plat which will be heard prior to this request. The Review Criteria for the zone district boundary amendment can be found on pages 10, 11, and 12. On September 2, 2008, the Town Council voted unanimously to approve the first reading of Ordinance No. 16, Series of 2008, rezoning a 430 square foot parcel from High Density Multiple Family District to General Use District.. Due to a notification error this first reading must be heard again by the Town Council. III. ACTION REQUESTED OF COUNCIL The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 16, Series of 2008, on first reading. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 16, Series of 2008, on first reading. With the following findings: 1. "That the amendment is consistent with the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacenf uses and appropriate for the surrounding areas; and 3. That the amendment promotes the healfh, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and ifs established character as a resort and residential community of the highest quality." V. ATTACHMENTS A. Ordinance 16, Series of 2008 ORDINANCE NO. 16 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONNG MAP; REZONING A 430 SQUARE FOOT PaRTION OF TRACT A, VAIL VILLAGE 7T" FILING, FROM HIGH DENSITY MULTIPLE-FAMILY(HDMF) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on August 11, 2008,the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vaik and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map"is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the"Zoning Map"is compatible with and suitable to adjacent uses and appropriate for the surroundng areas; and WHEREAS, the Vail Town Council finds the amendment to the"Zoning Map"promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. ORDINANCE NO.16,SERIES OF 20� Vail Town Council Attachment: A NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: A 430 square foot portion of Tract A, Vail Village 7th Filing, shall be rezoned from High Density Multiple-Family (HDMF) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. Section 2. If any part,section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,sections,subsections, sentences,clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ORDINANCE NO.16, SERIES OF 2006 Section 5. All bylaws,orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of October, 2008 and a public hearing for second reading of this Ordinance set for the 215t day of October, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk ORDINANCE NO.16,SERIES OF 2008 Exhibit A ORDINANCE NO.16,SERIES OF 20� �-�� o�� 15 a�n � (� . � � ✓ � �r`�S�Uc� �ou � oo� S � ✓s�� L MEMORAN�UM Y �n D'�p/1� a�r•w TO: Town Council � FROM: Community Development Department a � T"D�e Y DATE: October 7, 2008 a�e� /�/` 2 S �� J � SUBJECT: Request for review of an encroachment agreement for constructed improvements on Town owned property associated with the Manor Vail � Lodge redevelopment. As a result of performing a survey to create a � condominium plat for the Manor Vail Lodge new dwelling units, it was � discovered that several decks/walkways on the rear of Building C � y� encroach onto Town property. Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners Planner: Warren Campbell I. DESCRIPTION OF REQUEST Request for review of an encroachment agreement for constructed improvements on Town owned Ford Park property associated with the Manor Vail Lodge redevelopment. As a result of performing a survey to create a condominium plat for the Manor Vail Lodge new dwelling units, located at 595 Vail Valley Drive, it was discovered that several decks/walkways on the rear of Building C encroach onto Town of Vail owned Ford Park. Building C is the structure which runs generally southeast to northwest and is closest to Vail Valley Drive across from Pinos Del Norte. The total extent of these encroachments is approximately 20�6 75 square feet on four floors. To aid in the depiction of the encroachments the applicant has provided multiple exhibits. Exhibit A depicts a cross-section of the encroachments and Exhibit D depicts the encroachments from an elevation perspective. All encroachments appear in a peach color on the submitted exhibits. To further describe the encroachments floor plans of each of the four floors have been provided. The condominium plat and the submitted exhibits have been done by a different surveying company than that which prepared the initial survey. The encroachment on the first floor or ground level is a wall for a set of stairs and two columns for a deck above totaling 12.96 square feet (Exhibit E). The encroachment on the second and third floor is for a deck/walkway bump out and posts totaling 35 square feet, 17.5 per floor (Exhibits F and G). The majority of the encroachment onto Ford Park occurs on the newly constructed fourth floor as the deck/walkway encroaches approximately 1-foot 3-inches to 1-foot 5-inshes for a distance of 119 feet 9-inches for a total of 158.79 square feet (Exhibit H). Additionally, there are several photos attached in order to show the constructed improvements. 1 . i , . When the encroachments described above were discovered by the applicant and preserited td Staff a conversation was initiated over the facts leading to the construction of private improvements on Ford Park. Furthermore, Staff asked the applicant �o explore all possibilities with regard to removal of the encroachments from Town property. The applicants have done this research and determined that in order to maintain minimum ingress and egress widths required by the . Building Cor�e on the decks/walkways that the encroachments can be reduced � ,, from 1-foot 5=iriches at its worst case over the property line to approximately 9 or � 10 inches. ' ' Furthermore Staff asked for a timeline leading up to the construction of the ' encroachments and how the surveying was not accurate from the start of the . ` �' y- review process. It was determined that during the development review and approval process Manor Vail Lodge relied upon a survey which they believed to be accurate in the design and proposal of their redevelopment. The adoption of Special Development District (SDD) No. 38, Manor Vail Lodge, included the encroachment of an elevator tower on the rear of Building C onto Ford Park. The footprint of this elevator tower was approximately 215 square feet and extended from grade to the new fourth floor. To offset this impact to the publicly owned Ford Park, Manor Vail Lodge proposed to provide the Town with a 430 square foot pa�cel located in the southeast portion of the property to aid in the possible construction of a bus stop shelter along Vail valley Drive Subsequent to the approval of the development plan which allowed for an elevator encroachment on the rear of Building C the architects proposed a minor amendment to the SDD relocating the elevator tower which encroached onto Ford Park to the front of Building C (Vail Valley Road side) thus eliminating the approximate 215 square foot encroachment. As a part of this application the Manor Vail Lodge H.O.A. and their representatives did not propose an amendment to the approved Developer Improvement Agreement (DIA) to eliminate the provision to provide the Town of Vail with the 430 square foot parcel dis.c�ssed above. The applicant is proposing that the constructed encroachments be allowed to remain through the creation and recording of an encroachment agreement and that the 430 square foot parcel provided to the Town in the Fourth Supplement to the Manor Vail plat can serve as the public benefit to off set the encroachments. A correspondence from the applicant, represented by Jim Adams, dated October 1, 2008, is attached for reference and describes the request in greater detail (Attachment J). 11. BACKGROUND On June 21, 2005, the Town Council unanimously adopted Ordinance No. 14, Series of 2005, an ordinance repealing and reenacting Ordinance No. 24, Series of 2004, establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. The purpose of Ordinance No. 24, Series of 2004, was to adopt the development plan for the redevelopment of the Manor Vail Lodge which included new dwelling units, a subterranean parking structure, new facades, and public improvements which were to serve as public benefits for the deviations from the High Density Multiple Family zone district. In conjunction with that approval 2 the developer was required to provide the Town a portion of land measuring 430 square feet in the southeast portion of the site and provide an easement for the relocated Ford Park pedestrian path which crosses the Manor Vail property. On September 2, 2008, the Town Council accepted the Fourth Supplement to the Manor Vail plat which provided a 20-foot pedestrian and utility easement from Vail Valley Drive to Ford Park and a 430 square foot portion of property which was combined with Tract A, a Town owned parcel. III. ACTION REQUESTED OF COUNCIL Approve, approve with conditions, or deny the request for an encroachment agreement between the Town and Manor Vail for improvements on Town property. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council instructs Staff to create and record an encroachment agreement for constructed improvements on Town property associated with the Manor Vail Lodge redevelopment in a form satisfactory to the Town Attorney. V. ATTACHMENTS A. Cross-section depicting constructed encroachments D. Elevation depicting constructed encroachments E. First floor plan depicting constructed encroachments F. Second floor plan depicting encroachments G. Third floor plan depicting encroachments H. Fourth floor plan depicting encroachments I. Photographs of the deck encroachments J. Correspondence from the applicant dated October, 1, 2008 3 � � � � � � �G5 1 � # NEW ROOFS I'-5"MAX r -. NEW AREA OF FOl1RTl-I ' B ENG�AGNMENT FLOOR UNIT a' ,� ------- •� '— --- R � --� , i ; � J } � EXISTINCs � ^ OLD ROOF WIT LINE `( Sj�i 8218.53' ------- ------- � EXIBTINCs I � UNIT �' � j' , ;; 82m8. I' ------- ------- ;� I _� EXIBTINCs � UNIT r a� ` `--------- � 819930' ------- I � I � APPROXIMATELY 50'-0" BUILDINCs G � I. � � � 1 � 3 � � � � CREEK ��L SI�� _� '—+` � � d'� � � � � � � �°��tA7�E,S. t�N�C.� � �� , a� MANOR VAIL CONDOMINIUMS L „��,,,�,��,��,� ,�,��,,,� CX L tQ.brklkSL-t,wR`.dmside&56M Sae6aPtdwn.WKrva1�3.5SJ� 2 S�+f � 9T�"aReSONiY iYCiPG�e4.4?Xt �DULBfiFdd?C9Ak0�IN38e03 � � ��a � � � � VAI L, COLORADO °° �� D '� � � °�°` � �� —......-if/tiii'�ar��1�fl rw�°�-'- --- 90�o oo� � �� s��/� w� ■o— a■ v �' I�I� I I��1��1'uw��loil �� , � �Iii�I,l�i I��O;i��ii��i��1��1��l��;��i��1��''��I��I��I��''��i��i��i��I�� I��I��!��I��I�� `'�� i`�s�» � � �, � 1 � Q°'' QU ' / / � � � � � Q Q Q 4 dd � I I I I I I;_% ;-''" ce cr I a � L INE LECsEND AREA OF ENCROACHMENT 112.96°vF) P i Q� 4� � / / n�, �a �a �a r� n n n �a � � 4 � � � � � �,,..-� ' ;,%'"" � �� a y �OPERTY_LINE _ —O — _� — —O _ �, LECsENO AREA OF ENCROACNMENT ��50 SF) z� �� a � � � �� uu�� A� 1d�� Nc G � Z G Q 0 � Z Q � O ; J �c i O z � gui«ir�c c Fl.tiOR PtAN SE�C3ND lVL i;9e.� ihiAa ea. � .,a,.xi��,,. `��XH - F NI$ � � Q� Q� � / / � � � � � Q Q Q � � I � �1 I I I I I I ;..= , ' G° I�TJ a+ � � � � I a .7 tOPERTY,LINE... __. — --0 _ —O _ —O �i LEGEND AREA OF ENGROACNMENT CI150 SF) � � Q Q� ' / / � � � � � QQ 4 4 �� I I I I I I ;- . � cT a� � ,�'' � � I V y tOPERTY LINE _. .._. _.. _ —� — _O — —� - a LEGEND AREA OF ENCROAGNMENT (158.19 SF) � . , ��"� '�r� �. �� ' �'�� `< I Illli' ',I' 7��t� , . 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Pr�°iti�w�4�§��t�4��'��,�Iti y p �n ' . - N�p .� ,,�� i 9f I I I��V��i�Y�%�i � �3 H,,,,�.w..�._. �i�y�� :^ � fl1 � �f;%�''%' `",#°• . � 2• � ,.."9n- '��??�.. � ^.:�. . � Z* �:�:�: *Y. I�' $a. 41��I,�I *: II" �n, � ,� . ...�. . . .. ,<�. R� .... . , Page 1 of 2 . � Warren Campbell - Manor Vail Encroachments 3:��;:_ .� d ,�'k�„u.w,.?d�'ia��°i�rw. _�'�t._3I,,_-:.... ,...��., .��,,,.�s��'-�s':,c�v�:��'.��!�rH..a��.:."��.�..,�s c,.�rn9�,r�.,a..::�,::�.��.��:'�v�:t.,,s»�n°�w�.,�:x �_o�,.,.�,.., .. «. _..,k. . ...x_a. .,.e�,a �,.��;�,�.� From: "Jim Adams" To: "Warren Campbell" , Date: 10/O 1/2008 10:47 AM Subject: Manor Vail Encroachments CC: "Chuck Madison" , "Kirk Johnston" , "Travers, Richard D." , "Brian P. Sipes" , "Michael Rodenak" Attachments: "Chuck Madison" , "Kirk Johnston" , "Travers, Richard D." , "Brian P. Sipes" , "Michael Rodenak" Warren and Matt— Attached are several exhibits and pictures pertaining to the Manor Vail encroachments as follows. 1. Exhibit A and D— Reflects section plan views of all encroachments 2. Exhibit E - Reflects the stair landing and finro deck supporting columns at the east end of the building. The landing is 14.51 feet long and encroaches 10.38 inches. The posts are 9 inch square but only partially encroach. The total of the landing and post encroachment is 12.96 sq. ft.. 3. Exhibit F and G - Reflects the encroachments on the 2"d and 3�d level bump out areas of deck at the Building C east end stairwell. The deck bump outs are 14.46 feet long and encroach 1.21 feet and total 17.5 sq. ft each. 4. Exhibit H - Reflects the new deck pertaining to the Penthouse residences. The encroachment averages 16" (max of 17" and a minimum of 15") over a distance of 120' linear feet. The total area of the encroachment is 158.79 square feet. This encroachment occurs the 4th level (approx. 36 feet above ground). This deck serves as a code required exit path for access t the stairways at each end of the building. The code mandates that this balcony maintain a 44" minimum clear width. The as-built clear width of this balcony is 51 7/8" and the edge of the balcony projects another 9 '/2" (including the newel post and structure). This means that even if we were able to reconfigure the balcony to the minimum width required by code it would still encroach 9"- 10" over the property line. 5. The total square footage of the above encroachments total 206.75 square feet. 6. A couple of pictures showing the as built decks and stair landing As we have discussed, these encroachments were unknown to our team until the condominium map survey was performed. At the time of the original approval, the design of the fourth floor deck reflected it was contained within the property line. Nothing was changed within the design or the width of the deck to have caused this encroachment. Within the approved Ordinance for the Manor Vail Project was an encroachment on the north side of building C at the location of a planned elevator. Originally the encroachment was going to total 215 square feet. The approved encroachment was for 34 square feet on each of four levels (including the ground level) and a 31 square foot encroachment by the roof for a total encroachment of 167 square feet. In exchange for a perpetual easement for this encroachment, Manor Vail dedicated 430 square feet of land to the town out of the east end of the property. (I believe this figure was derived as 2X the originally anticipated encroachment area). After the project was approved, the project team figured out a way to eliminate this encroachment by relocating the elevator. Although successful in eliminating the encroachment, we did not amend the Ordinance or request relief from transferring the property to the town. file•//r•\Tln�iimentc anrl Qettinac\Ar�i n++.,..hmont• _I tinac\Temr�\XParnca�ica\dRF'�SS i nm�i�nnR � , Page 2 of 2 , ' Although the originally anticipated encroachment is unrelated to the current encroachments, we would point out that the end result is a requested encroachment that is less square footage than the originally anticipated encroachment on which the land dedication was based. We request a perpetual easement for the encroachment in the locations as depicted on the exhibits and welcome any comments you have. Jim Adams east west partners jadams a�ewpartners.com 970-748-7588 P.O Drawer 2770 Avon, CO 81620 2008 Business af the Year - Vail Valley Success Awards �,,..��.�,-,,.,.,,,,..o„*� �,,.� cPrr;,,��\A�lminictratnr\T.ncal Settin�s\Temti\XP�rpwise\48E355... 10/O1/2008 CURRENT � SITE PLAN � a � � � � � �. � m � � � _^ � � � � } ro � � � � � — a � � � � o � � � � o- 7 � G ROU N D LEVEL PLAN EXH I BIT � - � � � ��r � Stair overhangs property line by 10-3/8" • Length of encroachment is 14'-6" PEi�rr�iNE ! ._ / kNC.}�JAGHI'IkN I 112.96 5F) • Post overhangs property line by 5 1/8" (.32 SF ea.) • Total area of encroachment = 12.96 SF SECON D LEVEL PIAN EXH I BIT � � �� "�� ` � 14'-r'�J4° � N / � • Overhangs property line by 141/2" � Length of encroachment is i4'-5 1/2" • Total area of encroachment = 1�.5o SF F''ROP�R7l'LINE _ / i If . L�G�h1P AREA OF �NC1zDACl-�M�Nt fliam 5F) � TH I RD LEVEL PIAN EXH I BIT � _ � �-� ~----� �. I. 14'—`�'1" L c� i • Overhangs property line by 14 1/2" • Length of encroachment is �4'-5 i/2" • Total area of encroachment = i�.5o SF PROPE�riY LIt�IE _ _ � � � I , ��[�KI� AF2EA OF ENGfiZOAGF�4M�YJT f11.�m 5F) FOU RTH LEVEL PLAN EXH I BIT _�_ � � iy � • Overhangs property line by �5"-1�" • Length of encroachment �19'-9" • Bottom of balcony 33' above grade • Total area of encroachment = 158.79 SF ��.�� _ . ; . , �- � L�KD AREA OF �1JCT20A�F1M�iJt C1�8.13 SFJ f� � rn-r�n �► i rXHIBIT � . I � � ��r � � i . _ , �..: : . : ::� . _ ; . - �...�:�......� :�_��, �: ,•:._,;�,. �::::,::�.:.. .... .. ... ._. .. .... .. J��L�� .�lula'�.�I,I��I■1� �� IIIIIII II�IIII II II II III�IIII II II III II�II II III III II�IIIII II Il II�I IIIII II IIIII�I II II IIIIIIII�II il IIIIIIII�III �� : . . . _ _. . �:� �I�II IIIII�IIIIII IIIII�01 mlllll REFERENCE PHOTOGRAPHS (CURRENT) n „�.. i.. - "'� � ��a ��: ,�� ";. ; � M1� " '' .,�� _ �; I � , •� � � � `,YS. : .�4 r ��.. � X .-_- � � � � r-,-,� � .- -� ��_ �' � f � � � .'... :_ i;' . " �• :� . - � � l ■ir ■� � y� yi z' _. . �� .. � �'�_ �-� -1 Y [�J� � �� :` `I�� I I 'I �, �I I 1±I� , �� :��._:� �•�� i � � � � , . . . �� Y� -, .l��s,:.,w,�-..�C:...,..a � � 1 1 f I� ". -� I � � � � � :� � �.:� i� � ] � , f� APPROVAL HISTORY •SDD No. 38 requested 215 SF of encroachment of Town of Vail Stream Tract property at the rear of Building C in exchange for 43o SF of Manor Vail property dedicated to the Town. •The final approved plans reduced the encroachment to 16� SF but the Manor Vail land dedication remained at 43o SF. � ORIGINAL SITE PLAN (Oct 19, 2004) � MANOR VAIL CONDOMINIUMS �P��L � G �� Vail, Colorado n mo� -- - �� A�.2� � APPROVAL H I STO RY •Subsequent to the Proj ect's approval, the encroachment was eliminated entirely. Although the encroachment was no longer required, Manor Vail followed through with the 43o SF land dedication. •The Manor Vail Lodge Development Agreement states that there will be 43o SF of Manor Vail property transferred to the Town of Vail "in exchange for a perpetual easement from the Town to Manor Vail of the land to be encroached upon by portions of the North Side of Building C. .. ." a S U M MARY • The approved plans reflected that the decks were within the property line. • The encroachments were not a result of any change in design from the approved plans. • The encroachments were unintentional and were brought to Town staf�s attention as soon as they were discovered. • Origina143o SF land dedication was based on 215 SF of Town stream tract property encroachment. • Existing as-built encroachments total2 0 6.75 SF • Although they are unrelated; the current encroachments are less impactful than the originally approved encroachments. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: September 2, 2008 SUBJECT: Request for final review of a proposed land and easement dedication to the Town of Vail pursuant to Section 13-3-11, Council Acceptance of Dedications, Vail Town Code, in conjunction with the final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7�h Filing, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners and Town of Vail Planner: Warren Campbell I. DESCRIPTION OF REQUEST Request for final review of a proposed land and easement dedication to the Town of Vail pursuant to Section 13-3-11, Council Acceptance of Dedications, Vail Town Code, in conjunction with the final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7th Filing, located at 595 East Vail Valley Drive. This request by Manor Vail Lodge H.O.A. and the Town of Vail is proposed in order to achieve compliance with the approved Developer Improvement Agreement entered into in conjunction with the adoption of Ordinance No. 14, Series of 2005, creating Special Development District No. 38, Manor Vail Lodge. The request specifically grants the Town of Vail a relocated 20-foot wide pedestrian, bicycle, and utility access easement to Ford Park in the location of the newly constructed curvilinear path as contemplated by the approval of the Manor Vail Special Development District. Furthermore, the proposed amended final plat transfers a 430 square foot parcel of land from Manor Vail to the Town of Vail which is depicted as becoming a part of the Town's Tract A, Vail Village 7tn Filing. A subsequent rezoning is being proposed for this parcel through Ordinance No. 16, Series of 2008. II. BACKGROUND On June 21, 2005, the Town Council unanimously adopted Ordinance No. 14, Series of 2005, an ordinance repealing and reenacting Ordinance 24, Series of 2004, establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. In conjunction with that approval the developer was 1 � required to provide the Town a portion of land measuring 430 square feet in the southeast portion of the site and provide an easement for the relocated Ford park pedestrian path which crosses the Manor Vail property. On August 11, 2008, the Planning and Environmental Commission unanimously approved, with a condition, the amended final plat which granted a relocated Ford Park pedestrian access easement and 430 square foot parcel to the Town of Vail which is to become a part of Town owned Tract A, Vail Village 7`h Filing. A copy of the staff memorandum is attached (Vail Town Council Attachment A) III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves the request for a final review of a proposed land and easement dedication to the Town of Vail pursuant to Section 13-3-11, Council Acceptance of Dedications, Vail Town Code, in conjunction with the final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7'h Filing, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented. Should the Town Council choose to approve the amended final plat and accept the dedication of an easement and land from Manor Vail Lodge H.O.A, the Community Development Department recommends the Council pass the following motion: "The Town Council approves the applicant's request for an amended final plat entitled "Fourth Supplement To Map Of Manor Vail, Lot A and Tract A, Vail Villaqe, Seventh Filing, Town of Vail, Eagle Countv, Colorado", pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7th Filing/located at 595 East Vail Valley Drive, and setting forth details in regard thereto.." Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following findings: "The Town Council finds: (1) That the subdivision is in compliance with the criteria listed in Sub- section 13-3-4A, Vail Town Code; and (2) Thaf the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2 (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS A. Memo to the Planning and Environmental Commission dated August 11, 2008 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 11, 2008 SUBJECT: A request for a final review of an amended final plat, pursuant to Chapter 12- 12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7'h Filing, and a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone 430 square feet of Tract A, Vail Village 7th Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. (PEC080038, PEC080039) Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners and the Town of Vail Planner: Warren Campbell I. SUMMARY The applicants, Manor Vail Lodge H.O.A., represented by Jim Adams and the Town of Vail, request final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7th Filing, to convey a 430 square foot parcel to the Town of Vail, and a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone the 430 square feet portion of Tract A, Vail Village 7'h Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive. These applications will make effective several requirements of the Developer Improvement Agreement adopted in conjunction with the creation of Special Development District (SDD) No. 38, Manor Vail Lodge. Staff is recommending the Planning and Environmental Commission approves with a condition the amended final plat which transfers a 430 square foot parcel to the Town of Vail and forwards a recommendation of approval on the request to rezone a 430 square foot parcel from HDMF district to GU district subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Manor Vail Lodge H.O.A., represented by Jim Adams and the Town of Vail, are requesting review and approval of an amended final plat which transfers a 430 square foot portion of Manor vail property to the Town of Vail. This property will be combined with the Town of Vail owned Tract A which is currently zoned GU district. The Town is requesting that the 430 square foot portion of transferred land proposed to be added to Tract A be rezoned from HDMF district to GU district. The reconfiguration of the shared lot line results in Lot A (Manor Vail), Vail Village 7th Filing, decreasing in size by 430 square feet to 237,111 square feet and Tract A Vail Town Council Attachment: A (TOV), Vail Village 7th Filing increasing in size by 430 square feet to 6,448 square � feet. This purpose of this exchange of property is to facilitate the possible construction of a bus stop shelter in the future at this entrance to Ford Park along Vail Valley Drive. Furthermore the proposed amended plat depicts the relocated Ford Park pedestrian path easement and the easement to be abandoned. This relocated easement corresponds to the approved pedestrian path configuration and is the final step in accepting the new pedestrian path location as anticipated in the adoption of SDD No. 38, Manor vail Lodge. A copy of the proposed plat entitled, "Fourth Supplement to Map Of Manor Vail, Lot A and Tract A, Vail Village Seventh Filing, Town of vail, Eagle County, Colorado" (Attachment A), as is a exhibit of the existing and proposed zoning of the 430 square foot parcel (Attachment B). III. BACKGROUND On June 21, 2005, the Town Council unanimously adopted Ordinance No. 14, Series of 2005, an ordinance repealing and reenacting Ordinance 24, Series of 2004, establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. In conjunction with that approval the developer was required to provide the Town a portion of land measuring 430 square feet in the southeast portion of the site and provide an easement for the relocated Ford Park pedestrian path which crosses the Manor Vail property. IV. ROLES OF REVIEWING BOARDS Exemption Plat Planninq and Environmental Commission: Action: Pursuant to Section 13-12-3C, Review and Action on Plat, Vail Town Cod, the Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of the final plat. Desiqn Review Board: Action: The Design Review Board has no review authority on an exemption plat, but must review any accompanying Design Review Board application. Town CounciL The Town Council is the appeals authority for an exemption plat review procedure in accordance with Sub-section 13-3-5C, Council May Appeal, Vail Town Code. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Rezoninq/Zone District Boundarv Amendment 2 Planninq and Environmental Commission: � The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial) 13-2-2 DEFINITIONS EXEMPTION PLAT.� The platting of a portion of land or property that does not fall within the definition of a "subdivision'; as contained in this section. 13-12 EXEMPTION PLAT REVIEW PROCEDURES 13-12-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intenf of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats'; as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plaf applicants may be required to submif an environmental impact report if required by title 12, chapter 92 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: 3 , C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmenfal commission and the applicant. The criteria for reviewing the plat shall be as contained in section 93-3-4 of this title. Town of Vail Zoning Requlations (Title 12, Vail Town Code) 12-6H: High Density Multiple Family District (in part) 12-6H-1: Purpose: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and /odges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the disfrict by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-9C: General Use District (in part) 12-9C-1: Purpose: The general use district is intended to provide sites for public and quasi- public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, fo ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-2: Permitted Uses: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Passive outdoor recreation areas, and open space. 12-9C-3: Conditional Uses: 4 , A. Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Go/f courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourisbguest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasona/structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Type lll employee housing units (EHU) as provided in chapter 13 of this title. Water and sewage treatment plants. 8. Proximity To Parking Required.� The following conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure: Offices. 5 Restaurants. Ski and bike storage facilities. Sundries shops. Tourist/guest service related facilities. Transit/shuttle services. 12-9C-5: Development Standards: A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. 8. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 16 of this title. VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Open Space/Recreation GU District East: Open Space/Recreation GU District West: Residential/Recreation HDMF District and Outdoor Recreation District South: Residential/Recreation HDMF District and Ski Base Recreation District VII. SITE ANALYSIS The following is a zoning analysis of Lot A and Tract A, Vail Village 7`h Filing, which are proposed to be amended by the proposed application. Lot A, Vail Village 7th Filing Zoning: HDMF District Land Use Plan Designation: Village master Plan Current Land Use: Multiple-family residential 6 , Development Standard Allowed Existin Proposed Lot Area: 10,000 s.f. 237,541 s.f. 237,111 s.f. (-430 s.f.) Dimension: 80'X80' min. 300'X300' 300'X300' Frontage: 30 ft. min. 872 ft. 847 ft. GRFA: NA 7,795 s.f. 7,930 s.f. (+135 s.f.) Access: The access is taken off of Vail Valley Drive. Tract A, Vail Village 7th Filing Zoning: GU District Land Use Plan Designation: Park Current Land Use: Park/Recreation Development Standard Allowed Existin Proposed Lot Area: No min. 6,018 s.f. 6,448 s.f. (+430 s.f.) Dimension: No min. 10'X10' 20'X20' Frontage: No min. 991 ft. 1,017 ft. GRFA: No max 0.0 s.f. 0.0 s.f. Access: The access is taken off of Vail Valley Drive. VIII. APPLICATION CRITERIA AND FINDINGS Exemption Plat The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an exemption plat shall be as contained in section 13-3-4 of this title which are as follows: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and Staff Response: Staff has reviewed the Vail Comprehensive Plan and determined the Land Use Plan and Vail Village Master Plan to be applicable element of the Plan to this request. The Vail Land Use Plan identifies the properties proposed for subdivision with this application as be Village Master Plan which states that the Vail Village Master Plan is the governing document for the site. The Vail Village Master Plan identifies the Ford Park Path as a critical pedestrian link in the overall pedestrian network of the Village. The request to relocate the Ford Park pedestrian access and provide a pedestrian access easement is in keeping with the Master Plan. Furthermore the provision of a 430 square foot parcel in the southeastern portion of the site to the Town provides an opportunity to possibly better the bus stop in this location in the future which is supported by the Vail Village Master Plan. 7 , Staff believes the proposed minor subdivision is in compliance with the Vail Land Use Plan and Vail Village master Plan as required by this criterion. (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and Staff Response: Staff has reviewed the proposed final plat and found that all submittal documents were received and the resulting lots will comply with all applicable portions of the Town of Vail Zoning Code. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: A review of Ordinance No. 14, Series of 2005 and the accompanying Developer �mprovement Agreement for the Manor Vail Lodge redevelopment confirmed that the proposed amended final plat is conforming to the intended outcomes of the Manor Vail Lodge redevelopment. The approved site plan and agreements contemplated the relocation and granting of a new easement for the Ford Park pedestrian path and the granting of fee simple title to a 430 square foot parcel to the Town. The review and adoption of Special Development District No. 38, Manor Vail, took into account the need for a harmonious, convenient, and workable relationship between Manor vail and its neighboring properties. Staff believes the proposed amended final plat is in compliance with this criterion. (4) The extent of the effects on the future development of the surrounding area; and Staff Response: The comprehensive planning effort utilized in the review of the Manor Vail Lodge redevelopment, and the associated creation of Special Development District No. 38, Manor Vail, does not have any negative effects on the future development of the surrounding area. The land to be transferred is in a location on the Manor Vail property which is functionally an unusable piece of property as it tapers to a point where setbacks render it undevelopable. Staff believes the proposed minor subdivision is in compliance with this criterion. (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in fhe delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog"pattern of development; and Staff Response: As stated in the above criterion the comprehensive planning effort utilized in the review of the Manor Vail Lodge redevelopment and its associated applications will result in efficiencies in the elements identified in the above criterion. g , Staff believes the proposed minor subdivision is in compliance with this criterion. (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; and Staff Response: As a part of the review of the Manor Vail Lodge all the utility companies supplying services to this development were consulted and signed off on the ability to serve the site. Staff believes the proposed amended final plat is in compliance with this criterion. (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff Response: As stated in the above criterion the comprehensive planning effort utilized in the review of the Manor Vail Lodge redevelopment and its associated applications will result in efficiencies in the elements identified in the above criterion. Staff believes the proposed amended final plat is in compliance with this cri#erion. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: As stated in the above criterion the comprehensive planning effort utilized in the review of the Manor Vail Lodge redevelopment and its associated applications will result in efficiencies in the elements identified in the above criterion. Staff believes the proposed amended final plat is in compliance with this criterion. (9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1) That the subdivision is in compliance with the criteria listed in Subsection 13-3-4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 9 , (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safefy, morals, and general welfare of the Town and promotes the coordinated and harmonious development of fhe Town in a manner fhat conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Amendment to the Official Zoninq Map of the Town of Vail (rezoninq) Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The Manor vail Lodge and the Town of Vail are seeking a recommendation of approval to rezone the 430 square foot parcel to be added to Tract A from High Density Multiple Family (HDMF) District to the General Use (GU) District. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Through the review and adoption of the SDD for Manor Vail Lodge the Town and applicant negotiated the transfer of the 430 square foot portion of land to be added to the Town owned Tract A. Tract A is currently zoned General Use district. According to Section 12-9C-1: Purpose; General Use District, "The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-9-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the disfrict are appropriately located and designed to meet the needs of residents io , and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses." The Town of Vail Land Use Plan identifies Tract A as "Parks" land use designation. The "parks" land use designation states the following: "Included in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities." Staff believes that the rezoning of the 430 square foot piece of land to be added to Tract A to general Use is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. Staff believes the proposal complies with this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and The transfer of the proposed 430 square foot piece of land from Manor Vail to the Town, and requested rezoning, does not affect the land uses of the sites. As stated previously the long term intent of the Town with regard to this land exchange is the possibility of constructing a bus shelter along Vail Valley Drive at this entrance to Ford Park. The request to rezone this 430 square foot parcel to General Use district will have no negative effect on the items identified in this criterion. Staff believes the proposal complies with this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The transfer of the proposed 430 square foot piece of land from Manor Vail to the Town, and requested rezoning, does not negatively impact the � workable relationship between the Manor Vail Lodge and Ford Park. As stated previously the long term intent of the Town with regard to this land exchange is the possibility of constructing a bus shelter along Vail Valley Drive at this entrance to Ford Park. The request to rezone this 430 square foot parcel to General Use district will have no negative effect on the items identified in this criterion. Staff believes the proposal complies with this criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and 11 , The requested rezoning of the 430 square foot parcel to general use does not constitute spot zoning as the adjacent Tract A and the entirety of Ford Park is currently zoned General Use district. This rezoning serves the best interest of the community by providing the potential for the possible bus shelter construction in the future at this location. Staff believes the proposal complies with this criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed rezoning does not have any adverse effects on the items identified in the above criterion. Staff believes the proposal complies with this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The General Use (GU) district is proposed for the subject 430 square foot piece of property. The proposed zone district is consistent with the intended purpose of that zone distric�. The purpose of the General Use district is found under Criterion 1. Staff believes the proposal complies with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The requested zoning is appropriate for the 430 square foot parcel so long as the associated plat is approved transferring the land from Manor Vail to Tract A. The adoption of the proposed plat changes the existing conditions and therefore warrants a rezoning of the parcel. Staff believes the proposal complies with this criterion. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION Amended Final Plat The Community Development Department recommends that the Planning and Environmental Commission approves, with condition(s), the request for a final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7th Filing/located at 595 East Vail Valley Drive, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. t2 , Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with condition(s), fhe applicanYs request for a amended final plat entifled "Fourth Supplement To Map Of Manor Vail, Lot A and Tract A, Vail Villape, Seventh Filing, Town of Vail, Eaqle CountY, Colorado", pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7th Filing/located at 595 East Vail Valley Drive, and setting forth details in regard thereto.." Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: (1) That the subdivision is in compliance with the criteria listed in Sub-section 13-3-4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following condition(s): 1) The applicant shall continue to work with the Town Staff to prepare an agreeable written Ford Park easement document, which shall accompany the plated easement to be reviewed and approved by the Town Council. Zone District Boundarv Amendment The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone 430 square feet of Tract A, Vail Village 7th Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: 13 "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respecf to the requested amendment: 1. That the amendment is consistent with the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." X. ATTACHMENTS A. Proposed amended Final Plat entitled Fourth Suuplement to Map Of Manor Vail Lot A and Tract A, Vail Villa_qe, Seventh Filinq, Town of Vail, Eaqle Countv, Colorado B. Copy of the existing and proposed rezoning C. 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Z OF Z D � � v � � � m � � � 17 D � � v � � 3 m � � W ts „ .+ TOWN OF YAIL � THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on August 11, 2008, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7`” Filing, and a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone 430 square feet of Lot A, Vail Village 7th Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. (PEC080038, PEC080039) Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners Planner: Warren Campbell A request for a final recommendation to the Vail Town Council, pursuant to Chapter VIII, Section 3, Amendment Process, Land use Plan, for the adoption of a new land use category and amendments to the official Land Use Plan Map to allow for the designation of the "Chamonix Master Plan" area; a request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant Section 12-3-7, Amendment, Vail Town Code, to rezone Parcel A of Tract D, Vail Das Shone, Filing No. 1, from Commercial Core I I I (CC3) District to Housing (H) District, and to rezone Parcel B of Tract D, Vail Das Shone, Filing No. 1, from Two-Family Primary/Secondary Residential (PS) District to Housing (H) District; and a request for a final recommendation to the Vail Town Council, pursuant to Chapter 12-61-11, Development Plan Required, Vail Town Code, to allow for the adoption of � development plan for the construction of a fire station and employee housing on the "Chamonix Site", located at 2399 North Frontage Road West, Parcel(s) A and B, Vail Das Shone, Tract D, Filing No. 1, and setting forth details in regard thereto. (PEC080037, PEC080040, PEC080041) Applicant: Town of Vail, represented by Stan Clauson Associates, Inc. Planner: Scot Hunn A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. (PEC080023) Applicant: Town of Vail Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Attachment C Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published July 25, 2008, in the Vail Daily. MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 11, 2008 SUBJECT: A request for a final review of an amended final plat, pursuant to Chapter 12- 12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7`h Filing, and a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone 430 square feet of Tract A, Vail Village 7th Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. (PEC080038, PEC080039) Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners and the Town of Vail Planner: Warren Campbell 1. SUMMARY The applicants, Manor Vail Lodge H.O.A., represented by Jim Adams and the Town of Vail, request final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7th Filing, to convey a 430 square foot parcel to the Town of Vail, and a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone the 430 square feet portion of Tract A, Vail Village 7th Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive. These applications will make effective several requirements of the Developer Improvement Agreement adopted in conjunction with the creation of Special Development District (SDD) No. 38, Manor Vail Lodge. Staff is recommending the Planning and Environmental Commission approves with a condition the amended final plat which transfers a 430 square foot parcel to the Town of Vail and forwards a recommendation of approval on the request to rezone a 430 square foot parcel from HDMF district to GU district subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Manor Vail Lodge H.O.A., represented by Jim Adams and the Town of Vail, are requesting review and approval of an amended final ptat which transfers a 430 square foot portion of Manor vail property to the Town of Vail. This property will be combined with the Town of Vail owned Tract A which is currently zoned GU district. The Town is requesting that the 430 square foot portion of transferred land proposed to be added to Tract A be rezoned from HDMF district to GU district. The reconfiguration of the shared lot line results in Lot A (Manor Vail), Vail Village 7tn Filing, decreasing in size by 430 square feet to 237,111 square feet and Tract A l (TOV), Vail Viilage 7th Filing increasing in size by 430 square feet to 6,448 square , feet. This purpose of this exchange of property is to facilitate the possible construction of a bus stop shelter in the future at this entrance to Ford Park along Vail Valley Drive. Furthermore the proposed amended plat depicts the relocated Ford Park pedestrian path easement and the easement to be abandoned. This relocated easement corresponds to the approved pedestrian path configuration and is the final step in accepting the new pedestrian path location as anticipated in the adoption of SDD No. 38, Manor vail Lodge. A copy of the proposed plat entitled, "Fourth Supplement to Map Of Manor Vail, Lot A and Tract A, Vail Village Seventh Filing, Town of vail, Eagle County, Colorado" (Attachment A), as is a exhibit of the existing and proposed zoning of the 430 square foot parcel (Attachment B). III. BACKGROUND On June 21, 2005, the Town Council unanimously adopted Ordinance No. 14, Series of 2005, an ordinance repealing and reenacting Ordinance 24, Series of 2004, establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. In conjunction with that approval the developer was required to provide the Town a portion of land measuring 430 square feet in the southeast portion of the site and provide an easement for the relocated Ford Park pedestrian path which crosses the Manor Vail property. IV. ROLES OF REVIEWING BOARDS Exemption Plat Planninq and Environmental Commission: Action: Pursuant to Section 13-12-3C, Review and Action on Plat, Vail Town Cod, the Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of the final plat. Desiqn Review Board: Action: The Design Review Board has no review authority on an exemption plat, but must review any accompanying Design Review Board application. Town Council: The Town Council is the appeals authority for an exemption plat review procedure in accordance with Sub-section 13-3-5C, Council May Appeal, Vail Town Code. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Rezoninq/Zone District Boundarv Amendment 2 Planninq and Environmental Commission: � The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Desiqn Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the p�oposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial) 13-2-2 DEFINITIONS EXEMPTION PLAT.� The platting of a portion of land or property that does not fall within the definition of a "subdivision'; as contained in this section. 13-12 EXEMPTION PLAT REVIEW PROCEDURES 13-12-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of chapfers 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats'; as defined in secfion 13-2-2 of fhis title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be requrred to submit an environmental impact report if required by title 12, chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: 3 C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between fhe planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. Town of Vail Zoninq Requlations (Title 12, Vail Town Code) 12-6H: High Density Multiple Family District (in part) 12-6H-1: Purpose: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and relafed visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequafe lighf, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to mainfain the desirable residential and resort qualities of the district by establishing appropriate sife development standards. Certain nonresidential uses are permifted as conditional uses, which relate to the , nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residentia! character of the district. 12-9C: General Use District (in part) 12-9C-1: Purpose: The general use district is intended to provide sites for public and quasi- public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-2: Permitted Uses: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Passive outdoor recreation areas, and open space. 12-9C-3: Conditional Uses: 4 A. Generally: The following conditional uses shall be permitted in the GU � district, subject fo issuance of a conditional use permit in accordance with the provisions of chapter 96 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on fhe premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasona/structures or uses to accommodate educational, recreational or cultura!activities. Ski lifts, tows and runs. Type lll employee housing units (EHU) as provided in chapter 13 of this title. Water and sewage treatment plants. 8. Proximify To Parking Required: The following conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure: Offices. 5 Restaurants. , Ski and bike storage facilities. Sundries shops. Tourist/guest service related facilifres. Transibshuttle services. 12-9C-5: Development Standards: A. Prescribed By Planning And Environmental Commission: In the general use district, development standards in each of the following categories shall be as prescribed by fhe planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Buiiding height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. 8. Reviewed By Planning And Environmental Commission: Developmenf standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter 96 of this title. VI. SURROUNDING LAND USES AND ZONING Lan�l Use Zoninq North: Open Space/Recreation GU District East: Open Space/Recreation GU District West: Residential/Recreation HDMF District and Outdoor Recreation District South: Residential/Recreation HDMF District and Ski Base Recreation District VII. SITE ANALYSIS The following is a zoning analysis of Lot A and Tract A, Vail Village 7th Filing, which are proposed to be amended by the proposed application. Lot A, Vail Village 7th Filing Zoning: HDMF District Land Use Plan Designation: Village master Plan Current Land Use: Multiple-family residential 6 Develoqment Standard Allowed Existin Proposed � Lot Area: 10,000 s.f. 237,541 s.f. 237,111 s.f. (-430 s.f.) Dimension: 80'X80' min. 300'X300' 300'X300' Frontage: 30 ft. min. 872 ft. 847 ft. GRFA: NA 7,795 s.f. 7,930 s.f. (+135 s.f.) Access: The access is taken off of Vail Valley Drive. Tract A, Vail Village 7th Filing Zoning: GU District Land Use Plan Designation: Park Current Land Use: Park/Recreation Development Standard Allowed Existinq Proposed Lot Area: No min. 6,018 s.f. 6,448 s.f. (+430 s.f.) Dimension: No min. 10'X10' 20'X20' Frontage: No min. 991 ft. 1,017 ft. GRFA: No max 0.0 s.f. 0.0 s.f. Access: The access is taken off of Vail Valley Drive. VIII. APPLICATION CRITERIA AND FINDINGS Exemption Plat The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an exemption plat shall be as contained in section 13-3-4 of this title which are as follows: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vai! Comprehensive Plan and is compatible with the development objectives of the town; and Staff Response: Staff has reviewed the Vail Comprehensive Plan and determined the Land Use Plan and Vail Village Master Plan to be applicable element of the Plan to this request. The Vail Land Use Plan identifies the properties proposed for subdivision with this application as be Village Master Plan which states that the Vail Village Master Plan is the governing document for the site. The Vail Village Master Plan identifies the Ford Park Path as a critical pedestrian link in the overall pedestrian network of the Village. The request to relocate the Ford Park pedestrian access and provide a pedestrian access easement is in keeping with the Master Plan. Furthermore the provision of a 430 square foot parcel in the southeastern portion of the site to the Town provides an opportunity to possibly better the bus stop in this location in the future which is supported by the Vail Village Master Plan. 7 Staff believes the proposed minor subdivision is in compiiance with the Vail Land Use Plan and Vail Village master Pian as required by this criterion. � (2) The extent to which the proposed subdrvision complies with a/l of the standards of this Title, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and Staff Response: Staff has reviewed the proposed final plat and found that all submittal documents were received and the resulting lots will comply with all applicable portions of the Town of Vail Zoning Code. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: A review of Ordinance No. 14, Series of 2005 and the accompanying Developer Improvement Agreement for the Manor Vail Lodge redevelopment confirmed that the proposed amended final plat is conforming to the intended outcomes of the Manor Vail Lodge redevelopment. The approved site plan and agreements contemplated the relocation and granting of a new easement for the Ford Park pedestrian path and the granting of fee simple title to a 430 square foot parcel to the Town. The review and adoption of Special Development District No. 38, Manor Vail, took into account the need for a harmonious, convenient, and workable relationship between Manor vail and its neighboring properties. Staff believes the proposed amended final plat is in compliance with this criterion. (4) The extent of the effects on the future development of the surrounding area; and Staff Response: The comprehensive planning effort utilized in the review of the Manor Vail Lodge redevelopment, and the associated creation of Special Development District No. 38, Manor Vail, does not have any negative effects on the future development of the surrounding area. The land to be transferred is in a location on the Manor Vail property which is functionally an unusable piece of property as it tapers to a point where setbacks render it undevelopable. � Staff believes the proposed minor subdivision is in compliance with this criterion. (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in fhe delivery of public services, or require duplication or premature extensron of public facilities, or result in a "leapfrog"pattern of development; and Staff Response: As stated in the above criterion the comprehensive planning effort utilized in the review of the Manor Vail Lodge redevelopment and its associated applications will result in efficiencies in the elements identified in the above criterion. 8 Staff believes the proposed minor subdivision is in compliance with this ` criterion. (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; and Staff Response: As a part of the review of the Manor Vail Lodge all the utility companies supplying services to this development were consulted and signed off on the ability to serve the site. Staff believes the proposed amended final plat is in compliance with this criterion. (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best inferests of the community as a whole; and Staff Response: As stated in the above criterion the comprehensive planning effort utilized in the review of the Manor Vail Lodge redevelopment and its associated applications will result in efficiencies in the elements identified in the above criterion. Staff believes the proposed amended final plat is in compliance with this criterion. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: As stated in the above criterion the comprehensive planning effort utilized in the review of the Manor Vail Lodge redevelopment and its associated applications will result in efficiencies in the elements identified in the above criterion. Staff believes the proposed amended final plat is in compliance with this criterion. (9) Such other factors and criteria as fhe Commission and/or Council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1) That the subdivision is in compliance with the criteria listed in Subsection 13-3-4A, Vail Town Code; and . (2) That the subdivision is consistent with the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 9 (3) That the subdivision is compatible with and suitable to adjacent uses and , appropriate for the surrounding areas; and (4) That the subdivrsion promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural envrronment and its established character as a resort and residential community of the highest quality. Amendment to the Official Zoninq Map of the Town of Vail (rezoninq) Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The Manor vail Lodge and the Town of Vail are seeking a recommendation of approval to rezone the 430 square foot parcel to be added to Tract A from High Density Multiple Family (HDMF) District to the General Use (GU) District. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Through the review and adoption of the SDD for Manor Vail Lodge the Town and applicant negotiated the transfer of the 430 square foot portion of land to be added to the Town owned Tract A. Tract A is currently zoned General Use district. According to Section 12-9C-1: Purpose; Genera/ Use Disfrict, "The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular developmenf proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended fo ensure thaf public buildings and grounds and certain types of quasi-public uses permitfed in the district are appropriately located and designed to meet the needs of residents 10 and visitors to Vail, to harmonize with surrounding uses, and, in the � case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenrties appropriate to the permifted types of uses." The Town of Vail Land Use Plan identifies Tract A as "Parks" land use designation. The "parks" land use designation states the following: `Yncluded in this category are town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activifies." Staff believes that the rezoning of the 430 square foot piece of land to be added to Tract A to general Use is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. Staff believes the proposal complies with this criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and The transfer of the proposed 430 square foot piece of land from Manor Vail to the Town, and requested rezoning, does not affect the land uses of the sites. As stated previously the long term intent of the Town with regard to this land exchange is the possibility of constructing a bus shelter along Vail Valley Drive at this entrance to Ford Park. The request to rezone this 430 square foot parcel to General Use district will have no negative effect on the items identified in this criterion. Staff believes the proposal complies with this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The transfer of the proposed 430 square foot piece of land from Manor Vail to the Town, and requested rezoning, does not negatively impact the workable relationship between the Manor Vail Lodge and Ford Park. As stated previously the long term intent of the Town with regard to this land exchange is the possibility of constructing a bus shelter along Vail Valley Drive at this entrance to Ford Park. The request to rezone this 430 square foot parcel to General Use district will have no negative effect on the items identified in this criterion. Staff believes the proposal complies with this criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and 11 The requested rezoning of the 430 square foot parcel to general use does not constitute spot zoning as the adjacent Tract A and the entirety of Ford � Park is currently zoned General Use district. This rezoning serves the best interest of the community by providing the potential for the possible bus shelter construction in the future at this location. Staff believes the proposal complies with this criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed rezoning does not have any adverse effects on the items identified in the above criterion. Staff believes the proposal complies with this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The General Use (GU) district is proposed for the subject 430 square foot piece of property. The proposed zone district is consistent with the intended purpose of that zone district. The purpose of the General Use district is found under Criterion 1. Staff believes the proposal complies with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The requested zoning is appropriate for the 430 square foot parcel so long as the associated plat is approved transferring the land from Manor Vail to Tract A. The adoption of the proposed plat changes the existing conditions and therefore warrants a rezoning of the parcel. Staff believes the proposal complies with this criterion. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION Amended Final Plat The Community Development Department recommends that the Planning and Environmental Commission approves, with condition(s), the request for a final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7th Filing/located at 595 East Vail Valley Drive, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. 12 � Should the Planning and Environmental Commission choose to approve the � amended final plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with condition(s), the applicant's request for a amended final plat entitled "Fourth Supplement To Map Of Manor Vail, Lot A and Tract A, Vail Villaqe, Seventh Filinq, Town of Vail, Eaqle County, Colorado'; pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7t'' Filing/located at 595 East Vail Valley Drive, and sefting forth details in regard thereto.." Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: (1) That the subdivision is in compliance with the criteria listed in Sub-section 13-3-4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and compatible with fhe development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following condition(s): 1) The applicant shall continue to work with the Town Staff to prepare an agreeable written Ford Park easement document, which shall accompany the plated easement to be reviewed and approved by the Town Council. Zone District Boundarv Amendment The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone 430 square feet of Tract A, Vail Village 7th Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: 13 "Before recommending and/or granting an approval of an application for a � zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendmenf is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." X. ATTACHMENTS A. Proposed amended Final Plat entitled Fourth Supplement to Map Of Manor Vail Lot A and Tract A, Vail Villa_qe, Seventh Filinq, Town of Vail, Eap/e Countv, Co/orado B. Copy of the existing and proposed rezoning C. Public Notice 14 YI[� ,IPPROX N�.. 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CERTFlCATE OF TAXES PAID: <Mw ab/wMy crMy Maf fM nW onouvf ol fmw aAQ�wal Os�ol nd Mof��m Mb A�ar paV N lldf w,rw u.._a�w ,wa zaaec c�xK�rao�car�rYs�nnFlC�� 1A4 pbf wos WW Rr nwauM h OM o/M ol tlw C7r* are R«aw m ar_ror a �a '1KM of-etNw.ir K R�twoYd 1ndr R�cvpL n�.ror . O�rk eis Rwnro�r ENir Gb�nU�Cwbaab .ca�..ma R.mw � D/AifY Attachment A � � i � � n� �� ;�� ;��3 #; s��_� a��9�� +� l �;�,�� ! �� l►d6i� � c� � � � � > � �� i S � � Z � > � 1 � S N Q0.F. 7/07/06 1 � 2 0 0 h � � � A � �y �33'f9 E��y pqq�� 2.��.3' (Nn�s� �� I ��! P.LS 1YJ?I P.LSM�CAP coT tw��,� er nrs Au� fi.%Z'.'�%J TRACT A 4We s+ar,c�rgr afle AA�S �s�srsv" ,1z2,„ j�N92750.3tiu ��I � nnnne �+y ro cnw,00e a.��.r corrn.,�.mr� oecvn ea.e w�w aper n axr wan w.. anw �w�s,r ar�o�..,Ya�a.tiee s��o��ror a+r«n�"eaw y� r a.ticr n rw+v+�r a�m,.ww�,d.nor r.��ws,s�a. aa a o.e�rw�.x�r n.w. .�,�- .�. P.E!i L�25�94' . �� MAIVOf� V�4/L LOTA �II1D TR4G7A�, V�IL K.L4C� f�MQ 7t7WH QF Vi4L, EAQLE C�C71G1VTY, G�OILGIR�4D�0 595 EAST VA/L �ALLEY DR/VF e � � � W J J°""�w�s uv � � fq�PAI�C / Y pR�VE P�� P�p') V 7RACT,A FCI�PAI�f /7TM'13' � �,�T� � � w �; �g � �j�� ;��l�� s j��3 3 �y�;��_� � l��=� +�� ;�,, , � El��ia� � ��_� � O � � � � �� J � 7 �1 � ° J ii� 7�en D.QF. [�m 7�� Z � Z . ♦ a r~ 11 TOWN OF YAIL �� THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on August 11, 2008, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7th Filing, and a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone 430 square feet of Lot A, Vail Village 7th Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. (PEC080038, PEC080039) Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners Planner: Warren Campbell A request for a final recommendation to the Vail Town Council, pursuant to Chapter VIII, Section 3, Amendment Process, Land use Plan, for the adoption of a new land use category and amendments to the official Land Use Plan Map to allow for the designation of the "Chamonix Master Plan" area; a request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant Section 12-3-7, Amendment, Vail Town Code, to rezone Parcel A of Tract D, Vail Das Shone, Filing No. 1, from Commercial Core III (CC3) District to Housing (H) District, and to rezone Parcel B of Tract D, Vail Das Shone, Filing No. 1, from Two-Family Primary/Secondary Residential (PS) District to Housing (H) District; and a request for a final recommendation to the Vail Town Council, pursuant to Chapter 12-61-11, Development Plan Required, Vail Town Code, to allow for the adoption of � development plan for the construction of a fire station and employee housing on the "Chamonix Site", located at 2399 North Frontage Road West, Parcel(s) A and B, Vail Das Shone, Tract D, Filing No. 1, and setting forth details in regard thereto. (PEC080037, PEC080040, PEC080041) Applicant: Town of Vail, represented by Stan Clauson Associates, Inc. Planner: Scot Hunn A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. (PEC080023) Applicant: Town of Vail Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Attachment C ' . , • � I ; � Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published July 25, 2008, in the Vail Daily.