HomeMy WebLinkAboutCASCADE VILLAGE VAIL CASCADE RESORT COMMON LEGAL (4)Cas cacle- Vi\\a1c
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Cc.sc acle C\u\,
Cr,rnrhon
Cond,o /hi nturyls
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Deeign Review Board
ACTrOlt FORlrl
Department of Community Development
75 South Fro;rtag€ Road, Vail. Colorado 81657
tel:970.479.2139 fax:970-479.245?
web: rywr.vailgov.com cotfifl,.|.|t? rE\rfLEFtEir
Project Name:
Prciect Description:
ProJect Address:
COLORADO MT CONDOS
Legal Description:
Parcel Number:
Comments:
AC Cua.dot DRB ]{umber: DR8050586
COMMON ELEMENT-FINALAPPROVALTO REPI.ACE DCSTING PIPE RAIUNGS ON RESIDENTIAL
CONDOS WITH CODE COMPLTANT STEEL RAIUNGS AT CMC PENTHOUSE
Participants:
owNER MCCORMACK MARK H. &HELEN Er0l28l2005
ONE ERIE VIEW PTAZA 13OO
CLEVEI.AND
oH 44tr4-r782
APPLICAI.IT FRTTZLEN PIERCE ARCHITECTS LOl28l20OS Phone: 970476-6342
1550 EASTVAILVALLEY DR, #C-1
VAIL
co 81657
License: C000001402
ARCHftCT FRITZLEN PIERCE ARCHilECTS IO|2S|2OOS Phone: 970476-6342
1650 EAST VAIL VALLEY DR, #C-1
VAIL
co 81657
License: C000001!102
1310 WESTHAVEN DR VAIL Location:
Lot Block SuMivislon: COLORADO MOUNTAIN CONDO
2103-121-1.101-3
see conditions
Motion By:
Second By:
Vote:
GondiUons:
BOARD/STAFF ACIION
Acdon: STAFFAPR
Date of Apprcval= tIlL4l20O5
Cond:8
(P|-AN): 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:0
(PIAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond:202
Approval of thb projed shall hpse and beome rc6 one (1) year followirq the date
of flnal apprwal, unless a bullding permlt ls lssued and aonstruction is commenced
ard b dillgendy pursud toward ornpktlon.
Planner: MafrGennefr ERg.Fe€Paid: f2so.ql
,*ffi
Description of the Request:
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.ci.vail.co.us
General f nformation:
All projects requiring design review must receive approval prior to submitting a building permit application. please
refer to the submittal requirements for the particular approval that is requesied. nn ifijtication idr oesign nevLw cannot be accepted until all required information is recelved by the Community Develbpment Departmint. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental crmmission.Design review approval lapses unless a building permit is issued and cinstrucion commenes within one year of the approval.
Location of the Proposal: Lot:_Block:_ Subdivision:
Physical Address: E/O NBqU*v- . n ^ .
o
H
$ttl
OD G
Parcel No.: .3 ,(/13 , e-l I I n l3 (contact Eagle co. Assessor at 970-328-8640 for parcet no.)
Zonins: 9lC Na 4
Name(s) of Owner(s):
Name of Appliunt
Mailing Address:
Phone:6342
Owner(s) Signature(s)t
Type of Review and Fee:
tr Signs
E C.onceptual Review
tr New Construction tr Addition
fi, Minor Alteration
(multi-fa mily/commercial)
tr Minor Alteration
(single-family/duplex)
E Changes to Approved Plans
tr Separation Request
$50 Plus 91.00 per square footoftotal sign area.
No Fee
$650 For construction of a new bullcling or demo/rebuild.$300 For an addition where square footage is added to any residential or
, commercial building (includes 250 additions & interior conversions),$250 For minor changes to buildings and site improvemenE, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvemenb, such as,
reroofing, painting, window addiUons, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by planning Staff or the
Design Review Board.
No Fee
For Office Use Only:i* tinii-j]ii'3 cnectNo.: r138f, av:
Planner: AAfi project No.l
Buildinq Materials
PROPOSED MATERIALS
Tvoe of Material
Na <,+*^r6e,
Color
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Enclosures
Greenhouses
Retaining Walls
Exterior Lighting
Other
y'/o z./.|aN6E
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sf$u (Tswree)mnT&l EYtgTi
No 41NA*A/o 1l-tArJ6E
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Notes:
Please speciff the manufacturer's name, the color name and number and attach a color chip.
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Page 5 of t210A07102
Botanacal Name
PROPOSED LANDSCAPING
Common Name Ouantitv Size PROPOSED TREES
AND SHRUBS
'tYa CPJANJ6E
EXIfiNG TREES
TO BE REMOVED
Minimum Requirements for Landscaping: Deciduous Trees _ 2,,Calioer
Coniferous Trees _ 6,in heioht
Shrubs _ 5 Gal.
Tvoe Square Footaqe
GROUND COVER
soD
SEED
IRRIGATION
TYPE OF EROSION CONTROL
Please specifl other randscape features (i.e. retaining wats, fences, swimming poors, etc.)
Page 7 of IZ/OZ/}7/Oz
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ARCHITTCTS
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Colorado Mountai n College Penthouses
Propsed Metal Raling
Proposed Railing FRITZLEN
PIERCE
Exisling Raling
I. CONI?.ACTOR TO FIELD MEAgURE FOR EACH AggEMBLY
2. REPLA.-IE ALL 6UARDRAIL9 (THAT HAVE 4 HORIZONTAL PIPE1) ON
'^IEgT
FACADE
3. PRIME AND PAINT (2 COAIil AITH AKYLD 9EA-ELO39 FAINT (MATOI{ EXIgT.
COLOR)
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EXI5T. EXT. AALL
EXI3T,3TL. CONNE6TOR
IX2STL.CHANNEL
@AP @ TOPI1OTTOV OPEN
lz' IHICK sTL. F,A9,E (aLOPE FOR DRAINAGE)
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BALLIgTER @ 4" O.C.
(9'/a' g,AE CORRO9|ON
RESISTANT EOLT1.
THREADS DO NOT EXTEND MORE ,--_ruTN/A'BEYOND FACE OF NUI-'-..'
EXIgT. EXT. AALL
EXIgT. FIN. FLR.
h" rnc< srs.
(5LOPE FOR DRAINA6E,)
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(3)./o' 3AE COR;RO9ION RE9ISTANT
WLTS - THREADg DO I{OT EXTEND
MORE TI{AN )/A' BEYOND FACE OF NUT
ARCHITECTS
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FRITZLEN
PIERCE
%ALE. l" - l'-O'5CALE,3' - I'-O'
#OTION O RAILINE SECTION O RAILINe
VAIL CASCADE
C O N DOM IN IUMS
October 26,2005
CommunityDevelopment
Town of Vail
108 S. Frontage Road West
Vail, Colorado 816757
To Whom It May Concern:
The CMC Association has reviewed and approved the railing improvement plans as
detailed in the attachment.
Please let me know if you have any questions.
WrLq
Don Maclachlan
General Manager
'| 476 Weshaven Drive . Vail, Colorado 81657
970.476.61O6. aOO.543.4t01 . hx 97O.476.4946
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gtaterneot ltunber ! R050001827 Anount,3 $250.00 LO/28/2OO5O9:56 llr{
Palment llethod: check rnit: iIS
Notsatsions 1338s/FRITZLEN
PIARCE
Permit No: DR8050586 Type: DRB-Minor Alt,Comn/Multi
Parcel No: 2103 - 121- 1401-3 gLte Addrcss: L310 tfEgTHAVEN DR VAIL L,ocatlon: COIJORADO f.tT CONDOS Total Fees: $250.00 Tlris Palmcrrt r $250.00 Total ALL Hnts: $25O.O0 Balance: $0.00 a*ita*aaat+laaaa.'aallaall*tfllftfaflaaaf+'ifl'.'l*aa{r'}*aa**lrlr{r*taaatata+a++++****+*+*a+t++l+ll*
ACCOUNTITEMUST:
Account Cod€ Descri.ptJ.on elrrr€at Pmta
DR 00100003112200 DBSr@{ REvtrEt[ FEES 250.00
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COLORADO MOUNTAIN CONDOMINIUM ASSOCIATION
1OOO S. ERONTAGE RD. W.
SUITE 2OO
VAIL, CO 8165?
303-47 6-66A2
Auguet 26. L992
Town ot Vall
Plannlng DepartEent
75 South EroDtage Road lfest Vall. Colorado 81657
To Whon It ltay Concernr
fhe Board of Dlrectors of the Colorado Mountal.n Condoninlun
Acsoclatlon approved the lnterlor elevator lobby nodlflcatlons of the
collron area8 of thc Colorado ltountaln Bulldtng on Auguat 21, L992.
Pleaae contact ne shoul.d you requlre any further lnfornatlon.
Very truly yourB,
ABslstant Secretary
/ )tt
-FN O E
E f,
w \
E IE
I
Ju"Lle Grinnt
t
FIL E COPY
75 Souh Frontage Road
Vtil, Colorado 81657
t0t -47 9 -21 1 I / 47 I -2 r t9
Deputmcnt of Commnity Deoclopment
June 17, 1992
Mr. Peter Paten
Resolt and Tourlsm Planner
David Evans and Associates, Inc.
2828 South West Corbeft Avenue
Por{and, OR 97201-4830
RE: Status of Caecade Parklng StructurE In SDD 4, Gascade Vlllage
Dear Pot€r,
I am writing to ask for your assistiance on a planning issue related to Speclal Development
Disttict No. 4, Cascade Village. At this time, Level 3 of the parking suucture has been dosed
by the currenl owner. The Torrn's concern is that this parking is needed in order to allow the
parking to functlon properly for Area A of SDD 4. The current owner, Fred Green, has
indicated a willingness to opsn up the structure for the summ€r. However, this anangement
has not been finalized.
The Town's position on the SDD is that all the parking within the Cascade Parking Stusture
must be available for users of Area A tacilities. lt would be very helpful to the Town if you
would review the enclosed documents and let us know in writing your understanding of horv
the SDD'S parking was supposed to function. Enclosed you will find:
1. A letler to Mr. Fred Green dated June 3, 1992.2. A letter to Ms. lGy Saulsberry dated June 3, 1992.3. Ordinance No.41, Series of 1991, relating to SDD No.4.4. Condominium Declaration for Cascade Club Condominiums.
o{ particular interest to the Town is your understianding of how the provision on Page 25 of
the Condominium Declaration relates to Level 3 of the Cascade Parking Structure. lf you
could shed some llght on the intent of this paragraph, we would appreciate it very much.
Mr. Psbr Patten
June 17, 1992
Pqe2
I would be happy to discuss any questions you may have related to this intormation. lf you
could write me a letter explaining your understanding of the SDD and the Gondominium
Declaration, it would be very helpful to us in Enng to resolve this parking ooncem. Thank you
for your assistance on this matter.
Sincerely,
{t't+r^?'6
Kristan Pritr
Gommunlty Development Director
cc: Larry Eskwith, Town Attorney
Ron Phillips, Town Manager
Shelly Mello, Planner
rFILE COPY
75 Sottb Fronttge Roatl
Vtil, Colorado 81657
tot -47 9-2 1 t I / 47 9-21 1 9
D cp artm e nt of C ommanitl D co c logmc nt
June 17, 1992
Mr. Andrew Nonis
1008 Western Avenue, Sulte g07
Seat0e, WA 98104
RE:Stat$ ol Cascade Parklng Structure In SDD 4, Cascade Vlllage
Dear Andy,
!_fln.urrtjng ro^ask lor your assistance on a planning issue retated to Speclal Development
District No. 4, Cescade Village. At this time, Level 3 of the parking structure has boin ctosed
by the current owner. The Town's concern is that this parkiirg is needed in order to attorrr the parklng to function properly for Area A of sDD 4. The burrent own€r, Fred Green, has
indicated a willingness to open up the structure for the summer. However, this anangement
has not been finalized.
Tne Tovrn's Posit|on on the SOD is that allthe parking within the Cascade parking Sfucturo
must be avaitable for users of Area A facilities. lt would be very helpful to the Towrr if you
would review the enclosed documents and let us know in witing youi understanding of
-how
tho SDD's paridng was suftosed to funciion. Enclosed you will find:
1. A letter to il4i,. Fred Green dated June 3, 1g32.2. A lelter tc Ms. Kay Sautsberry dared Jrlne g, 1S92.3. Ci'dinanrx No..f i, Series ol lggl, relating to SD[., No.4.4. Ccndominium Declaratron for Cascade Club Condominiums.
CI particular inlerest to he Town is your understanding of how the provision on Page 25 of
lhe Condominium Declaration relates to Lovel 3 of the-Cascade Parkiq Slructure. -tf ycu
could shsd sorne light on the intenr ot thls paragraph, we would appreciate it very nruih.
I
Mr. Andrew Nonis
June 17, 1992
Pqe2
I would be happy to discuss any questions you may have related to this information. It you
could wrib me a letler explaining your understianding of the SDD and he Condominium
Declaration, it would be very helpfulto us in hnng to resolvs this pafting concem. Thank you
lor your assislance on this mailer.
Sincerely,
K+,^fit"
Kristan Pritz
Community Development Director
oc: Larry Eshrith, Toryn Attomey
Ron Phillips, Town Manager
Shelly Mello, Planner
75 Sorth Frontagc Road
Vail, Colorailo 816J7
t 0t -479-2 I t I / 47 9 -21 19
D cpartment of Commuity D co clopmcnt
June 15 1992
Mr. Fred Green
Box 1308
Vail, CO 81658
Dear Fred:
I enjoyed meeting with you this past Thursday to discuss sone of the parking issues which
have arisen in Cascade Village.
I understand that you have voluntarily made the decision to open the top flmr of the
structure (level 3), and that this will happen in the near fuhue.
The Towu appreciates your willingness to take this action.
Very truly yourc,
l(tt\r.?-iI
Kristan Pritz
Community Development Director
LAE/dd
;
75 Sottb Frontage Road
Vail, Colorado t1657
t0t -47 9-21 t I / 47 9 -21 t9
D cp artm e nt of Commu ity D eo c lopm ent
June 3, 1992
tv|s. Kay Saulsberry
Colorado Mountain College
1310 Westhaven Driv€
Vail, CO 81657
Re: Grecadc Vlllage Parklng Structuie
Dear Kay:
This letter is written in response to several questions which you have addressed to our department
conceming the parking situation at Cascade Village, Area A. After reviewing Ordinance No. 41, Series of
1991, for SDD #4 - Cascade Village and also the Condominium Declarations lor Cascade Club
Condominiums with Larry Eskwith, Town Aftorney, it is the Town's position that:
Colorado Mountiain College, as well as the other facilities and uses for Area A as specified in
Ordinance No.41, Series of 1991, have a right to park in the Cascade Village Parking
Structure in accordance with Sections 18.46.180 Parking and Loading and Section 18.46.103
Development Statistics for Area A, Cascade Mllage, and Area D, Glen Lyon Commercial Site
of Ordinance No. 41 , Sedes of 1991 . The Town of Vail does not believe there would be a
violation of the parking provisions of Ordinance No.41, Series of 1991, should an o,vnsr of
the Cascade Parking Structure choose to lease parking to a facility in Area A pursuant t0 he
required parking allocated to that facility as set forth in the chart on Page 10 in Section
1 8.$.1 03 of Ordinance No. 41 , Series of 1 991 .
lf the parking provided in the structure is unavailable for use and, herefore the parking
requirement is not being mst, there is a violation of Ordinance No. 41, Series of 1991. All422
parking spaces must be available if allthe uses specified are oPerational.
Per your inquiry as to wheher or not the Town of Vail is responsible for enforcing he SDD
parking provisions, the Town of Vail may enforce the provisions of tho otdinance. ln addition,
an affected property owner may enforce these provisions in a private legal action. lt is our
hop€ that the parking issue can be resolved in a manner that is acceptable to all parties.
1.
2.
3.
Ms, Kay Saulsberry
June 3, 1992
Page 2
The chart in Sec{ion 19.46.103 specifies the uses within Area A which have heir required parking in the
Cascade Village Parking Structure. The total required spaoes generated by these uses is 422. Since
Colorado Mountain College is listed as a user in the Gascade Village Parking Structrre, hey have a legal
right to paft in the building. After reviewing the Condominium Declaration for Cascade Club Condominiums,
it is also Larry Eskwith's opinion thal he SDD ordinance is not superseded by this document.
I have enclosed a copy of Ordinance 41, Series of 1991 for your use. Thls document stipulates tre
development standarG for Cascade Village. I hope this information will be helpful to you. Please call mo at
479-2138 shoud you have any questions.
Sincerely,
fiisl'n?''h-
Kristan Pritz
Community Development Director
Enclosure oc: Larry Eskwith
Hon Phillips
t--Shelly Mello
Doug Cogswell
Frank Freyer
oFILE
coPY
TOWN OFVAIL
75 Soatb Frontagc Road
Vail, Colorado 81657
t 0t -47 9 -2t t I / 47 9 -21 19
June 3, 1992
Department of Commanity Dcaclopment
Mr. Fred Green
P. O. Box 1308
Vall, CO 81658
Dear Fred:
we are wdting wifr the intent to try and clarify the parking situation for Area A within cascde
Vilage, Speciat Oevelopmeni Oistict No.4. After ieviewi-rU O6inlnq No.41, Series of
199.1, for SDD No. 4-Cascad; Wlage and alsothe Gondoriinium Declarations for Cascade
Glub Condominiums *itn-1!}w e.6ltt, Town Attomey, it ls the Town's position that:
The|aci|itiesandusesforAreaAasspecifiedinordinanceNo.4l,seriesoll99l,
have a right to parl in the Cascade Viilage Pa*ng Stru-cture in accordance with
Sections f g.46.rSOiarfitg ;O Loading-ind Seci"'on 18'/t6'103 Development Statistics
for Area n, CasJie V,ff"g-", i.O area 6, Glen Lyon C^ommercial Site of Ordinance No'
41 , Series or r gg1 . tt is t-he-Town's oprinion that ievel 3 must be available for parking'
The Town of vail does not believe thers would be a vlolation of the parking.provisions
ol ordinance ruo. +i, s"ri"s of 1gg1, should an owner of the cascade Parking
Structure choose to'iease patfAng to a facility in Arga A Pursuant to the required
parking altocari io ttriiiicirity ai set tortr i-n ttre cnart on Page 10 in Section
1g.46.103 of Ordinan; No.4i, Series o11991. ln reviewing the condominium
Declarations lor cascade Glub condominiums' it is also Lany Eskwittt's opinion that
the SDD Ordinance is not superseded by ttis document'
I have enclosed a copy ol odinance No. 41, series of 1991' for your use' This document
stipulates the developmJntlanOarOs tor CascaOJVillage. We yrguJOte happy to meet rYith
vou in an attempt O .ot" to a solution whidr would biacceptable lor all of tre tacilities
it""ttOln Area I of fris SDD as well as the Town of Vail'
Mr. Fred Gresn
June 3, 1992
P4e2
I hope this letter has been helpful b you. Should you have any further questions, please feel
tree to call me at 479-2138 and I will be happy to discrss this lssue wlfr you.
Sincerely,
{,i'f^ flil}
Kristan Pritr
Community Development Director
cc: Ron Phillips, TOV
Larry Eskwith, TOV
I
COPY FIL E
7J Soatb Frontage Road
Vtil, Colortilo 81657
t0t -47 9-2t t I / 47 9 -2t t9
D epartment of Commrnity Deo clopment
June 3, 1992
luls. Kay Saulsberry
Colorado Mountain College
1310 Wosthaven Drive
Vail, CO 81657
Re: Gascade Vlllage Parklng Structure
Dear Kay:
This letter is written in response to several questions which you have addressed to our departmsnt
conceming the parking situation at Cascade Village, Area A. After reviewing Ordinance No. 41, Series of
1991, for SDD f4 - Cascade Village and also the Condominium Declarations for Cascade Club
Condominiums with Larry Eskwith, Town Attorney, it is the Town's position that:
Colorado Mountain College, as well as the other facilities and uses for Area A as specified in
Ordinance No. 41, Series ol 1991, have a right to park in the Cascade Village Parking
Structure in accordance with Sections 18.46.180 Parking and Loading and Section 18.46.103
Development Statistics for Area A, Cascade Viltage, and Atea D, Glen Lyon Commercial Site
ot Ordinance No. 41, Series ol 1991. The Town of Vaildoes not believe there would be a
violation of the parking provisions ol Ordinance No. 41, Series of 1991, should an owner ol
the Cascade Parking Structure choose lo lease parking to a facility in Area A ptlrsuant to he
required parking allocated to that lacility as set forth in the chart on Page 10 in Section
18.46.103 of Ordinanbe No.41, Series of 1991.
lf the parking provided in the structure is unavailable lor use and, therelore the parking
requirement is not being met, there is a violation of Ordinance No.41, Series of '1991. All422
parking spaces must be available if all the uses specilied are operational.
Per your inquiry as to wheh€r or not the Town of Vail is responsible for enforcing he SDD
parking provisions, the Town of Vail may enforce the provisions of the ordinance. ln addition,
an affected property owner may enforce these provisions in a private legal action. lt is our
hope that the parking issue can be resolved in a manner that is acceptable to all parties.
1.
2.
3.
o
Iris. Kay Saulsberry
June 3, 1992
Pqe2
The chart in Sec{ion 18.46.10g specifies the uses wihin Area A which havs heir required parking in the
Cascade Village Parking Structlre. The total required spaoes generated by these uses is 422. Since
Colorado Mountain College is listed as a user in the Gascade Village Parking Structure, they have a legal
right to park In the buikling. After reviswing the Condominium Declaration for Cascade Club Condominiums,
it is also Larry Eskwi$r's opinion that the SDD ordinance is not superseded by this document.
I have enclosed a copy of Ordinance 41, Series of 1991 lor your use. This dooment stipulates Ure
development standarG lor Cascade Village. I hope this information will be helpful to you. Please call me at
479-2138 should you have any questions.
Sincerely,
rt t O t/, I l./.t
lttffinlrrtr
Kristan Pritz
Community Development Director
Enclosure cc: Larry Eshrith
Ron Phillips
Shelly lr/ello
Doug Cogswell
Frank Freyer
Project Application
'/a) l
5/872
L a / //,2 Project
Project
Contact
Name:
Description:
Person and Phone 'te/ /j
- /275 hr/.h
Owner, Address and Phone:
(// )4/a-4.4.4r
Archilect. Address and Phone: I
Legal Description: Lot Filing Zone
-
Com ments:
Design Review Board
5/E /2
Motion by:
Seconded by:
APPROVAL DISAPPROVAL
Summary:
.y'o, ke /rt/nuTy
,f,.,*t Approval
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DRB APPTICATION - TOgtN OF \TATI.,
DATE APPLICATION RECEIVED :
DATE OF DRB MEETTNG:
o
co ro4m9 MAY 1 81992
revised 9/4/9L
*****r***r
THIS APPLICAUON WILL NOT BE ACCEPTED UNTIL ALL REQUTRED TNFORI|ATION IS SUBT.|ITTED ****tr**t*
PRO,IECT f NFORI'IAT ION :
A.DESCRIPTTON:PoR 74 ,t Le -To lc€ r rtr 7q€ cAsc4
R TYPE OF REVTEW:
New Construction ($200.00)
Addit j-on ($50.00)
ADDRESS:qS W€iz M DXl
LEGAL DESCRIPTION:
Subdivision
Minor Alteration ($20.00)
Conceptual Review (S0)
t/4/L CO -
Block D.Lot
If property is described. by description, please provide attach to this application.
ZONING:
a meets and bounds legal on a separate sheet and
E.
F'LOT AREA: If required,
Stamped survey showlng
NAME OF APPLICANT:
Mai-Iing Address:
applicant must provide a current lot area.
a/7 t- - 79OO
REPRESEN IVE: r'/e-7 //e7rzt.t
Phone r4ta€
+7A - 7a Do
FBE
$ 20.00
Q qn nn Y \.rv,vv
$r.00.00
$200.00
$400.00
s500.00
ONE YF"AR AFTER FTNA!
ISSUED Al{D CONSTRUCTION IS
TAT H.NAME OF
Mailing APPLICANT' S
Acidress:
I.NAME OF OWNERS:
J.
K.
Condominium Approval if applicable.
DRB FEE: DRB fees, as shown above, are to be paid at the time of submittal of DRB application. Liter, when applying for a building permit, please identify the accurate valuation of the proposal . The town 6f Vail will adjust the fee according- to the table below, ro ensure the correct. fee is paid.
FEE SC}IEDULE:
VALUATION $ 0 - $ 10,000 s 10,001 - $ 50, o0o $ 50,001 - $ 150,000
$150,001 - $ 500,000
s500, 001_ - $1,000,000 $ over 91, CO0r 00o
* DESIGN REVTEW BOARD.EPPROVEL EXPTRES
APPROVAI UNLESS A BUIIDING PERMIT IS
STARTED.
**NO APPLICATION I{ILL BE PROCESSED WITHOUT OI{NER' S SIGNATI'RE
1
k€/f
Phone
hwn
75 3outh tronliago road
vail, colorado 81652
(303) 47S,2138
(3{r3) 4792139
Novenber 27, 1989
Mr. Andy Norris
VaiL Brewery Co.
1000 S. Frontage Road W.Suite 2oo vail, co. 8L557
office ol communlly developmenl
Re: Parking Problems %
Dear Andy,
Even though your request to arlow parking for a rental car service has been withdrawn at Cascade Village, the Cornnunity Development Departnent and Police Departnent would rike to see a better parking managernent plan implemented at Cascade Vi11age. It has becorne more evident that there are parking probrems at cascade Village during peak use tines.This tine period is norrnarry from s:oopn - 7:3oprn. -we tninx it would be positive if you propose a better plan for this upconing season.
ff the Conrnunity.Developnent and Police Departments could offer you any assistance in this effort, please let us know.
A. Peter Patten Jr.Director of Community Developrnent
.?,r'J
*"" v{'qil{Chie€/of Police
cc3 Laurel Ames, ceneral Manager Westin Hotel
Kay Saulsbary, Director, CoLorado Mountain College
Sincerely?.-
4ro", / Grr""(',
l/# . i't t{,:'J
75 soulh trontage road
vail, colorado 81657
(303) 4792138
(303) 479-2139
October 27, 1989
olfice ol communlty development
Frank Freyer VaiI Ventures, Inc.
L000 South Frontage Road West Vail, Colorado 8L657
Dear Frank,
r wanted to follow up on our conversation of last rhursday regarding the National car Rental proposal. This is a reminder that r need the following by noon on Friday, November 3rd, to be able to allow the Nationar car Rentar proposar to be heard at the planning commission rneeting of November 13th:
1. Specific proposals to improve the parking problem in the structure between the hours of 5:00 and 7:OO p.n. Monday through Friday. In other words, I would like to know which of the suggestions and ideas of your previous meeting with the other structure users will be specifically implemented and when.
2. A specific proposal for the location of the eleven additional rental cars within the structure. As we discussed, r wourd prefer that these cars be located in the more rtremoter areas of the parking structure and preferably valeted to reduce the number of parking spaces that wiII be used.
3. I would appreciate you and Andy communicating with the other parking structure users and getting their support for this rental car proposal. I do not wish to be in a position of supporting this proposal against the wishes of CMC, Cascade Club, lnd the Westin Hotel . Written documentation of their support would be extrernely helpfuJ-.
4. It would be beneficial to the application to get the Westinrs
commitrnent to prornoting the availability of rental cars to guests before they arrive. This relates to the argument that having the rental car facility on site will reduce the number of rental cars frorn Denver that remain in the structure for the week.
r believe if the above issues are addressed in a positive manner, that the staff can.support the rental car proposal. It will be very irnportant to irnplernent specific parking managenent policies which wiLl.mitigate the additional ereven cars in the structure. probabry the best argument is the one of reducing weekly car rentals originating and ending from Stapleton to the Westin by providing the car rental service on site for only the days that a guest actually needs the vehicle. I arso feel strongly that some type of valet parking should be included to reduce the nurnber of spaces which wil_l be lost in the parking structure due to the addition of the rental cars.
I will look forward to trying to work this issue out with you to the benefit of everyone.
,/)very sity[er6Ly,
-,/-'Htp
A. Peter Patten, Jr.Director of Community Development
PP: lr
cc: Andy Norris
Kay Saulsberry, Cascade Village Center
Andy Rothman, Cascade Club Manager Laurel Ames, Westin Hotel Manager
4'
Date or apprQuti " '1" I XO
APP1ICATION FORM FOR SPECIAL DEVELOPMENT
DISTRICT DEVEIOPT4ENT PLAT{
procedure is required for any project that would, go through Special Development District ProceCure.
application wilI not be accepted untj.l all information is sr:bmitted.
NAr,rE oF ApplrcAlrr Ar4<e*Se Cutg cu'vDo.*sEDc' \ tbtl0o.t*a,tu-ll4
ADDRESS
B. NAI,IE OF APPIICA}IT'S REPRESENXITTVZ Efu,EFCr+ A/- A0NYIYL?BL\
ADDRESS PHONE
C. AUTHORIZATION
SIGNATUFE
ADDRESS
D. LOCATION OF PROPOSA].
"mmihfti't'^*,''"a
PHoNE (76 - 64au
I.This
the
The
A.
eooasss /Z?S Akr**,uil k. t/*tu. Co.
LEGAL DESCRIPTION
Relu'tr,1 -"&-Gtr'. fl ?;dra E. FEE $100.00 ,oroffi** ": ri
Ur. €t Ana1s, , 9Ub.l
lF{ A List of the name of owners of al-l. property adjacent to the - I Subject property and their miling addresses. ONFrrg_rOttt To.rJ.
II. Four (4) copies of the following information:
A. Detailed written/graphic description of proposal .,B. An environmental impact report shill-.be submitted, to the zoning administrator in accordance with Chapter 18.56 hereof unless waived by Section 18.55.030, exempt projects;
C. An open space and, recreational plan sufficient !o meet the demands generated by the development without undue burden on availabfe or proposed public facilities;
sb
-.. rrl,-.,-
i .
PROPERTY
(0vER )
YAtr VEt|flJnB L|?.txa orrtcit Aa'D E xt ttrl atlrur.'.cro q*cr 3i Eft-ll -t t't. *-t= I
)-ar6r irlar rgtY 6 ttdlr-v r.ro rEegtFr gEaL
DELUXE. FONT WYCS V-g
DCDUETIOX'al|outa?otacrlt?loL txYorcS tauxacl
re)^) ttr [
\Att\rhnuRES,,'"
To$n of Va i I
Deuel opment Depantment
75 South Frontage Rd.
Vail. Co. Bld57
At ten t ion r Kristan Pnitz
Re: Nat ional Rent-A-Car t]{{ ice.
Cascade Village, Vail
Dear Kr i stan .
0ctober 16. 1989
Pen our previous conversat ions and conrespondence r we wish to
enten into a two yean agreement with National for a can rental {acil itv
to be located within CaEcade Village. National would use approximatelv
150 square feet o{ the stneet leuel entny foyer o{ the Cascade Club,/
Cascade Uillage Panking Stnucture building {or its rental counter and
of{ices, and up to 12 parking spaces to be located within the parking
gtructune for itE rental cars. As necessitated bv the Fequinements o{
the $DD 4 zoning {or Cascade Villager we request youn consideration of
the above outl ined uee as a 'Permitted Use" {or the two vean period.
0n Septenrben 20th we subnitted to your office requested in{ormation
including a site plan, a building elevation, and a {loon plan indicating
the location of the rental counter and parking spaces. Further to that
submittal . we haue uerified that under the terms o{ the SDD 4 parking
nequirements there are at least l2 uncormitted panking spaces in the
park ing stnuc tune.
I{ you require additional information on have anv questionsr please
con tac t the wr i ter.
Sincenellt
Fnank B. Fneven III
--trF
lom SOUTH FRONTAGE ROAO WEST. VAIL. COLORAOO 81657 r (3O3) 47ffi6o/2
'f,Application tornlecial Development Distrf Development Plan
D. Existing contours having contour intervals of not more than five feet if the average slope of the site is twenty percent or less,or with contour intervals of not more than ten feet if the averase slope of the site is greater ttran twenty percent.
A proposed site plan, at, a scale not smaller than one i.rtch equals fifty feet, showing the approximate locations and dimensi.ons of all buildings and structures, uses therein, and all principal site
developmen! features, such as landscaped areas, recreational facili-ties, pedestrian plazas and walkways, service entries, drivelrays,
and off-street parking and. load,ing areas with proposed contours after grading and site development;
A preliminary landscape p1an, at a scale not smaller than one inch equals fifty feet, showing existing landscape features to be retaine or removed, and showing proposed landscaping and landscaped site
development features, such as outd.oor recreational facilities,bicycle paths, trails, ped,estrian plazas and walkways, water feature
and, ottrer elements;
Preli:ninar1, building elevationsr sections, and floor plans, at a scale not smaller than one-eighth equals one foot, irr sufficient detail to determine floor area, gross resid,ential floor area, irteri circulation, locations of uses within buj.ldings, and the general
scale and appearance of the proposed development.
III . Time Requirements
The--Plinning and Environmental Conun'ission meets on the 2nd, and 4th
l'londays of each month. An application with the necessary accompanying matenal must be submitled four weeks prior to the date of the meetir.
NOTE: It is reconrnended that before a special developrnent district application is subnritted, a review and conment meeting should be set up rvith the
Departnent of Connuni.ty Development.
F
F.
G.
I'{EMORANDt,l,!
TO; Kristen Pritz
FROM: Kay Saulsberry
DATE: October 23, L989
SURTECT: Parking at Cascade Village
As you know, representatives of the various entities of Cascade
ViJ-lage met October 6 to discuss parking issues and possible
solutions. In attendance rrrere Laurel Ames, General Manager,
Westin Hotelt Bob Evans and BiII Gauthier, Executive Deans, CIttCi
Frank Freyer and Andy Norris, Vail Venturesi Peggy Lindstrom,
Cascade Village Theater; Andy Rothman, Cascade Club, and Jin
Olson and myself, CMC. We were disappointed that you rtere unable to attend. However, Andy Norris apprised us of your earlier
meeting with hiro and of the Townrs interest in working with us to
address our concerns.
At the request of the neeting participants, I am writing to
inform you of our discussion and to solicit your help in
addressing our concerns regarding parking at Cascade Village.Following is a brief summary of the parking problems as hre see
them and the ideas generated at our rneeting.
Parking Concerns
Due to steadily increasing business at the Cascade CIub, Cascade Village Theater, Colorado Mountain Co11e9e, and the Westin Hotel ,all three levels of the parking structure fill to capacity more freguently than in previous years. Parking shortages occur when (1) the Westin hosts conferences from the Front Range (particularly during the months of JuIy, August, and September) t and (2) the Westin, Cascade Club, Theater, and/or Cl,lC host special events such as local fundraisers, tournaments, and weddings. In addition, late afternoon/early evening parking
shortages sometines occur when Cascade Cl-ub and CMC attendance are high and the Theater has a popular movie showing.
Short-tern parking in front of the CMC Building is blocking traffic and creating potential hazards, especialty in the late
afternoon when CMC childrenrs classes start and let out.
Proposed Solutions
Cascade ViIIage members agreed to explore the following:
1. Require most cascade Vill-age enployees to park in an off-site Iocation (e.9., Donovan Park) and provide shuttle service for employees to Cascade Village.
2. Improve regulation of all three levels of the parking structure with (a) improved signage; (b) year-round staff or a card-controlled gate in level 3 for specified usersi
and (c) one nanager of aII three levels.
3. Maintain and control the 28 uncovered parking spaces west of the structure for specified users.
4. Develop an rroverflowrt plan and criteria for inplenentation for those days when Cascade ViIIage usage is extrene and parking inadequate.
5. Provide 30 ninutes of free designate 4 to 6 spots on only.
parking on levels 1 and 2 and
level one for 30 minute parking
Support Needed fron the Town of Vail,/Short-term Solutions
1. Increased Town of Vail bus service to Cascade Village year
round, particularly fron Lionshead where additional parking
will be available.
2. Maintenance of Donovan Park trlotrr for enployee parking, along with provision of bus or shuttle service frorn the trlotil to
Cascade Village (provided by Town of Vail buses or Tonn
subsidy of independent shuttles such as the lrlestin), and Iighting and maintenance of the bike path from the trlottr to the Cascade Village portion of the bike path.
3. Cooperation with the Town of VaiI Police Department in permitting overflow parking along the South Frontage Road
under predeternined criteria (rroverflorirrt plan).
In addition to the short-term solutions proposed above, Iile feel it is inportant that long-term solutions to the parking issue be
addressed now in anticipation of increased shortages throughout Vail. Cascade ViIIage Association members and/or their
representatives would be interested j.n working with Town officials toward resolution of parking concerns.
We need to move ahead guickly to ensure that some or a1l of the
proposed solutions are in place and working well prior to the rrChristmas crunch.rr Therefore, your tinely response rrould be
greatly appreciated. Please feel free to contact any one of us
to discura in nore detall the above suggestione and/or othar
al.ternatlvee.
AEaln, ttranks for your intereet in working wLth us and ve look fomard to heerlng from you.
cc: Isur€l Ane6
Bob Evans
Frank Freyer Bl.Il Gauthler
Peggy Lindstron
Andy NorrlB Jln olson
Andy Rothnan
zsa&qTfr
Project Application
Proiect Name:
Proiect Description:
Contact Person and Phone
Owner, Address and Phone:
Archilect. Address and Phone:
Legal Description: Lot Block Filing Zone
Com ments:
Design Review Board
Date
APPROVAL ,.\-,l
DISAPPROVAL t1,^t-I | \,.\-,1 1 rJ I
ll
Summary:
El statt Approval
a rr -v- [
-/\i l Project Application
Date
Proiect Name:
Proiect Description:
Contact Person and Phone
Owner, Address and Phone:
Architect, Address and Phone:
Legal Description: Lot Block Filing Zone
-
Com ments:
Design Review Board
Date
Molion bv:('t
Seconded oy: Y'\tf-'\i
APPROVAL
I
DISAPPBOVAL
Su m mary:
Date:
D statt Approval
.,
5T{fE OFCOLOMDO
DEFAgTMENT OF HIGHWAYS
714 Grand Ave., P.O. Box 29g
Eagte. cotorado 81631-0298
tgurrr.r4o-oitoa
August 18 . 19t38 -
Vai-L Ventures r Ltd .
1000 S. Frontage Road West Vail, CO 8165 7
.{ttn: Vr. Frank Freve r
Re: Landscaping at 1000
Gen!lemen:
Frontage Road,Cascade Buildins.
This is to grant permission for landscaping of highr.ray right of
hra]- at mile 175 on the south frontaqe road along the Cascade building.
No worl< will be done within eight (8 ) feet of the edge of the
roadrval- escept planting of native grasses. Outside the eight (81
fooc clear band small- berms rna-v be burlt. These berms are not to
e]:ceed. the height of the paved roadr.ra3.- edge. Drainage must be aLlowed for between and around these berms. .{ny rocks used in landscaping wiil not esceed eighteen (18l inches i.n diameter and shall not be pJ-aced so the top of the rocli exceeds pavement level at the edge of the roadrvay. Bushes and shrubs may be planted
outside the eight (8) foot clear band. These pLants are to be Iow growth shrubs and bushes. No tree, that has a base greater
than four (-t) inches in diameter, will be planted within twenty (20) feet of the roadwal'. Trees larger than four (4) inches in diameter at the base must be thirty (30 ) feet from the edge of the roadwar-.
Sight distance must not be obst.rtrcted from West Haven Drive for a dj.stance of two-hundred-fiftf' (250t feet.
The Department of Highr,ial-s reserves the right to revoke this perrni-ssi.on at an:,- time it deems necessary. The Department of Highr,;ays can at an_r f ut,ure dare require rnodif ications or deietions to an]' part of this landscaping. Tl.re Department of
Highr,;a1-s r.rill not be responsible for an-_v damages done to Ianctscaping in the co\lrse of normal maintenance or snor"- renoval
oDer'at ions.
t!,lti I il
Ir '-" lrt
?
Vail Ventures
.{ug. 18, 1988
Pag,e 2
AII flagging end traffic control will
the M.U.T.C.D. Signing is required at done. Flagging is required when any paved roadway.
Sincerely t
J. Br]'ce Sanburg
llwy. Maint. Supt. III
A. L. Pierce
Sr. Hwy. Maint Supv.
E. E.
Hwy.
HiIl Maint. Supvervisor
xc: Sanburg,/Drieth
Pierce IIiII
P- 19
be done in
all times
equipnent
accordance with
worlc is being wilL be on the
luwn
75 south tronlage road
vail, colorado 81657
(303) 476-7000 offlce ol communlly dovelopmenl June 2, 1988
Mr. Frank Freyer Vail Ventures, Ltd.
1000 South Frontage Road West Vail, Colorado 91657
Re: Design Review Board Conments on Cascade CIub North elevation landscaping
Dear Frank:
At the May 18, L9B8 Design Review Board meeting, the Board.reviewed your randscape pran for the north sid6'of the cascad.e Club. Their conrnents were as follows:
1. Try to use aspens and crabs and other deciduous trees along this elevation.
2. Evergreens should be added.
3. Earth berrning should be used to add an erevation change from the flat area of the Frontage Road up to the building.
4- colorful shrubs such as red twig doglrood. should be used.The size of these materials snouta 6e large; 4, - 5, in height.
5. The possibility of using sone type of creeping vine for the north elevation snould be in?estigatedl
The Board tabled your proposal until June lst. Tod.ay, you informed rne that you woura not be ready until the June Lsth rneeting.. Please rnake sure that you nake the June LSth meeting,as this is a detail that is very-inportant to address.
ttlttt"tt'n
,
{r'iton K+f Kristan Pritz --
Senior Planner
Project Application
Proiect Name:
Pro,ect Description:
Contact Person and Phone
Owner, Address and Phone:
Architect, Address and Phone:
Legal Description: Lot Block Filing . Zone
-
Comments: '
Design Review Board
""," 6/ lf/ffi
DISAPPROVAL
Motion by:
Seconded by:
APPROVAL
Summary:
,rtllat ir
.3 tfrtte*rl,au,A
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Project Application
Proiect Name: \
Proiect Description:
Contact Person and
Owner, Address and Phone:
Architect, Address and Phone:
Legal Description: Lot B lock Filing Zone
-
Comments:
Design Review Board
Motion by:
Seconded by:
DISAPPROVAL
Date:
Town Planner Stafl Approval
-
IF LIST OF MATERIALS W rp\Fd
MME OF PROJECT:
LEGAL DEsCRIPTION:
STREET ADDRESS:
LOT BLOCK FILING
The f.o.llowing information is_required for submittal by the applicant to the Design Review
Board before a final approval can be fiven:
A. BUILDING MTERIALS: TYPE OF MATERIAL COLOR
DESCRIPTION OF P
Roof
Sl di n9
Other tla'l 'l Materi a'l s
Fasci a
Soffits
[,li ndows
l,lindow Trim
Doors
Door Trim
Hand or Deck Rai]s
Fl ues
FlashingS.
Chimneys
Trash Enclosures
Greenhouses
0ther
B. LANDSCAPING: Name of Designer:
phone:
PENNTS rtNoeR*A
PLANT MTERIALS:
PROPOSED TREES
Botanical Name (cat HMa^Fa
Common Name fuF g(A'r-€
4uav1tP,HruN
Quani ty
2
Si ze*
4fr4t' t, tna
4'fL" lo 4il ca,'
EXISTING TREES TO
BE REMOVED
for conifers.
(over )
*Indicate caliper for deciducious trees.Indicate height
4
PLANT I'IATERIALS:
(con't)
SHRUBS
Botanical Name
OtANtE
1-tot rN6,lffFA
-loeP
fotepnv,n *moLQ
qarl,iqvr\ttal EA @ttoT
^|'4oGStt YthE&Nvnt
v6|tfAba
doNf€Ptr>
%bil.ttt t1.fi^r71D?l
Common Name
R00 lvk
tk?tu@O
fr4vP
rhrtPve W
P2TE*nuia
SSPvrceBvBpy
@boer.!
.l 4 tltbtl
15 dv
I n +ilbt+
4' ,,
.tl ,t
|to 5' ,\
l0 bAv
t' +lttn*
Quani ty
dl
l0
5a
l4j aa
(r
Si ze
exrs)lfinnuas
T0
ZREI4QVED
N*NtlYBtqf.y
'?10t4ft0
€UNF€A
9tb6RmN
PeA6ilen9 1
Type Square Footaoe
GR0UND CoVERS Pfp.*.trxtrlrtirZ 4gO
SOD 4aa
SEED €ooo
TYPE OF
IRRIGATION
TYPE OR METHOD OF
EROSION CONTROL
C. OTHER LANDSCAPE FEATURES (retaining walts,fences, swimming poo'ls, etc.) Please speclfy.
/4r"A4 &scade
C/ab Gt#;Iic nr,/(Q
Apri 1 21, '1988
t'lr. Gary Murrain
Town of V a'i I
75 South Frontage Road
Vai'1, C0 81657
Dear Gary:
Per a recent conversation with Ron Phil
Committee for the 1989 World Alpine Ski
l9S9WORLDALPINE
SKI CIIAMPIONSRIPS
VAIL/BEAVER CREEK
lips, the 0rganizing
Champ'i onships is
"B
requesti ng permi ssion to use th" ?;@*E!g!*=Ffor uses ot,her than lenn
It is our plan to utilize the structure as the
International Broadcast Center (IBC) (two courts) and the
team captains meeting room (one court), This space wi 11 be
occupied from January 'l , 1989 through February 20, 1989.
The IBC will be occupied on a continuous basis with .|00 to
150 persons. The team captains meeting room wi1l be
occupied for two hou rs every even i ng duri ng the event (January 2B - February 12) bv approximately 100 persons.
If more information is needed don tt hesitate to cal I me.
Gary. your attention to this matter is greatly appreciated.
Si nc
.L_
hn Garnsey
xecuti ve Vi ce Presi dent
R
'l
Knous
Dakin
Phi'llips
Sansbury
Sedlack
rfr vbrld Alpine
Ski Champiurshipo
vail. Cclcado 81658
5O3-476-9tuO
TCo( 9ro,29o-1949
tax, 303-476-7320
il
,lGlmj
thsztz-d"i-'/al (a>t{ariz.n u.ect,
Antt. rI/ct. /
olllce ol communlty dovolopmenl
75 routh tronlage road
Yall, colorado 81657
(303) {76-7000
October 28, L987
Dtr. Andy Norris
1OO0 South Frontage Road West Vail, Colorado 81657
Re: Revised parking figures due to Wellness Center at the Cascade
, )> i' t; ';' :,
Dear Andy:
Town Planner
KP:br
Enclosure
cc: Frank Freyer Buff Arnold
the construction of the
Club building ( futy.t',ttt,rts t./,,, r (aX"a/e t!/ub
b>,rlLt yz.c. ttt t.t, J. )
/
Attached to this letter is a summary of the parking arlocation for the cascade Parking structure. plans have been subnitted for the Wellness Center. originatly, you had allocated 9 parking spaces for the Wellness Center. The proposed Wellness Center has a total square footage of 11396 square feet (per plans subrnitted by Ned Gwathrney) which requires only 7 spaces.For this reason, it is necessary to adjust the parking si.rrornary which was originalJ.y written up- in a retter to you dated Marcir 3, t987. Once the Wellness Center has been constructed, you will have a total of 4L unaLlocated spaces in the parking-structure.
rf you have any questions about these figures, please feel free to contact me.
CASCADE PARKING ANALYSIS
THESE FIGURES WERE REVISED FOR I{ELLNESS CENTER FROM A LETTER
ADDRESSED TO ANDY NORRTS DATED AUGUST 27, L}AT
Below is a summary of the parking structure. f have calculated aff for spaces located in Units 1 and approved building perrnit pLans.
allocations for the Cascade of the parking reguirements 2 according to recent
I.
REVTSED LO/28/87
PARKING ANALYSIS FOR CASCADE STRUCTT'RE
T'NITS1&2PARKTNG
A.
B.
Unit Unit provides
provides
Total
L
2
L22 spaces
150 spaces
272 spaces
Total
Allocations for Units I & 2
-Cascade Wing (8 d.u. ) t6 -I{estin Hotel 115 -Terrace (12O a.u., GRFA 58,O69 sf) 105 ,+Terrace Retail (51856 sf) 20 -Plaza Phase I (ZO a.u., cRfA 2,205 sf) 16 +Plaza Phase I Retail (1,099 sf) 4 Plaza Phase If Conference (9,297 sfl 35
+ Plaza Phase II Conf. Retail (9OO sfj 3
3L4
II. T'NIT 3 PARKING
Unit 3, provides L49 spaces
Allocations for Unit 3
CMC:
Clancyrs (134 seats)
Cascade Theatre College Classrooms College Office (954 sf)
CASCADE CLUB:Retail (300 sf)Bar & Restaurant (985 sf)office in C}IC (828 sf)Wellness Center
Total
Total Reguired Spaces with l-ot reduction for mixed use:
Total Spaces in Structure Total Spaces Required with
Total Remaining Unallocated
Spaces:
A.
B.
t7
2A
40
4
I
8
3
7
108 spaces
rTT. TOTAL PARKING ALLOCATTON
A. Unitsl&2 3l4spaces Unit 3 108
Tota1 422 spaces
B.
c.
380
42L
- 380
4l- spaces
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EONDO} TNTI,IT' DECI,ARATT oN
. FOR
i;l Z3 2 ra Pl'l '01
TETS CONDOMINIW DECI.ARATTON FOR CONDOMfNIUMS (thls ,Declarationr) Ls nade ot ,ln/u4, , ,._\987 by VAIL VENTUITES, LTD.partnerbhip ('Declarant,) .
CASCADE CLUB as of- t}:e ATz, 6^,, a coloraa6Eitei
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RECTTAI,S
Declarant ls the owner of the real property situated
ln. !1,:. County of Eagle, stail-ot-colorado, aEsciiueA rn Exhrbit A attached herito and by this refer"nEe-naae a part hereof (the ,Real propertyr) ani is entitled to Erant or asslsn the easeuenrs iesciriea -rn-Exhi-;ii-;i ii"ir."ir.r"ry,the ,Easenentri the.Real troperiy and the nisdnent are hereinafter correctivery-rerlriei to as the 'property'). The :::F:r!I ls part _gf_3nd intesratea-wiirr ;--;";;fi proJect Knor+rn as cascade_vlrrage, as Dore partr.curarty a-scrrbed in the Declaratr.on creatrig' covenanisl conariron's, nestrictions and Easenente for cascade vruiee iecorded .r"ii iz, 1981 In 19ok.326-a! page 255 of the reii-property recorde o! Eagle county, Colorado (the rprotectlve- colenaitsrl .
Declarant deslres to egtablish a condoniniun proJect under the condoninr.un ovnershrp ect ot cororado (the 'Actr) to be knonn as 'caacade club cona6nlniums' and to defrne the character, duration, rights, oUffgattons ina-ifnft"tfons of condonini.n ownershlp, -o"ciarani-has consao.;t;d a bulrdrng g! :h".property, whilh sharr "on"rii-oi.;;;;;;;Jiy aesrsnated condoniniun unLts. A condouiniun nap ,iii-u"-irrla snowing the location of the condonrnrur unii! c.nit",rd;a'by Decrarant on the property.
Declarant Lntends to estabrrsh by thrs Decraration a plan for the ourrer:|rlp_:l_I.ir-tiop"rty eltates Ln fee sinrple consisting of the ai.r.space conialita-i"-;;h-;r-trre condom-lniun units in the buttdtng ana-irre "o:J"".i"r,Ii,'uy tt,"lndlvidual and separate owiers thereof, as tenairis in conruon,of.certain.portions of the reuainder oi trre e;;;;;ty which are T.aie apprrrtenant ro such conaorotninu "nii.-b;-;[;'terils of this Declaratl.on.
JonlihTiE?iitLt_ti :
EAGLE CTY. REC0Rt,i'i
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.?
H
cn H
Declarant does herebv subject the property to this Declaration and pubrish ana aiciar6 ttrat trre fbrrowing tenrs,covenants, condltrons, easerents, restriciion=r-.rr"r, resenra-tions, lirnitations and ourigacitns sharr be delnea to run with the land, sha1l be.a burden-.nd a benefit to Oecfarant, its successors and alliSns. and any person acquirint or owning an interest in the_proferty. ina--irirovenentJ buirf thereon, their grantees, successorl, h6irs, pelsonal representativesr"'devisees or assigns. - -v^'-5-5"r'r'
1. Definitiong. As used in this Declaration,unless othenise expressty pi-viaea:
. (1) -'Articles' Deans the articles of incorporatlon of the Assocratron-in ;;#-;;-Iiy tine.
(b) 'Association, neans Cascade CIub Associatlon, a Colorado ,,orrpi-itt "orporiii;;.
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(c) .
rBoard of Directors, or ,Board, neans the governing body of the Assocfaifon.
(gl 'Buitd_ing' Deans the five_level concrete structure located on the fr5peiiy.
(e) _ ,Bylaws, neans the bylaws of the Associatlon in eifect-at any- tine.
(f) ,Cascade Ctub Condonl.niunsr neans the Condoniniun units subject i"-[tl" Declaration.
fcl 'Cascade Village Associatlon, Deans Cascade village a,ssocii€i"", -i".1]-"'ilior"do nonprofit corporarion.
(h). 'Cascade Village facilities, Deans all the *:l^!:gperty subJect.to ah"-;;;;"ctive covenanrs and ar1 llnprovenents and arnenlties thereon, which ";;-;; or hereafter owned by cascade_Virlage.a""o"iiii6" oi-rniii il; nenbers of cascade virrage associitr"n-;d;;rse nave-iii"-irgnt to use.
(f) 'Conmon Expensesr nean-s: (i) aff expenses expressry decrared -!g b" conn'on
-ixpenses by thts Declaration or by the Bylaws; tiil ari-ottr"r-"*p"rr"es 6f adninistering,senrlcing, conseryi.s,_run"sil;; maintaining, repalring or repracing the cenerar connoi niements (lncruding the Lluited comnon Erenents) in accoiain""-"itr, irrd-i-i""i!i3r" of this ?::.I:r3tfon or.ihe. Bylawr; -ifffi-rnsurance premtr:ns for the rnsurance carried by-the asdoctitton pursuant to the provi-sions of sectlon ll'Ie{;.;;-ii;i-assessnents of cascade vlllage Aggocratron nade purJuairt to the provrsrons of the Protective covenants or tir"-iiii-"res of incorporation or
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bylaws ot Caecade Vl1lage Assoclatlon; and (v) aII other expensea lawfully determlned to be Connon Expenses by the Board of Directors.
(J) 'Condoninlun Unit, means a Unit together with the undivlded interest ln the Generar conmon Ereients appurtenant thereto and the right to exclusive or nonexcrusive use of Linited Conmon Elements associated therevith.
(k) . tDeclarationt Deans this instrunent and all arnendnents or supplenents thereto hereafter recorded in the real property records of Eagle County, Colorado.
(1) 'First Lienor' neans the holder of an indebtedngis, pa)'nent of which Ls secured by a Mortgage which has _priority over all other Mortgages encunberl_ng tf,e-sane Condoniniun Unit.
- (p) 'Map, neans the origlnal condoniniua nap regulred to be recorded hereunder ana itl anendments or
(r) 'General connon Elements, neans (i) the land included in the real property which at any t.iud is subject to this Declaration; lril the foundati6ns, coiurons,girders, beans, supports, perine€er and supporttni walls,elevators, roofE, balconies, halls, corria6is, lo6bles,stairs, stairvays, fire escapes, entrances anil exiti oi tne Buirdingr (iii) the installations, equipnent and nateriars
T?kll'g up ttre central serrrices of-the- Airitaing, such as power,rlght, _gas, hot and cold uater, beating, refrigeration and aii conditioning and incinerattng; (iv) th6'tanks, -purnpsl Dotors,fansr_compressors, ducts, and ii ginerat all ipiaratus and installations existing f6r conmon use of the suiraingr i"i .nv portion of the lroperty designated as a General conrnon nrlneni or 'GCE, on the Map, including without linitation the West-haven Pedestrian Bridge; and (vi) aII other parts of the Property vhich are not part of a unit, incluiing wlthout ltni-tation all landscapingr-walks, gutteri, curbs, faving, arivei and- irrigation systeroi. rhe deierar c6nnon rieients-inart include the Linited cotnmon Elenents.
. (n) 'Irnprovementsr neans the Building, and any other inprovements located on the property.
(o) ,Linited ConDon Elenents'Deans those Portlons of the General conmon Elenents designated on the llap or on Exhiblt E attached hereto and by this ieference nade a part hereof for the excl.usive or nonexclusive use and enJoy-ment of the Owner of one or Dore, but less than all, of i.nL Units.
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a d
suppleDents thereto thereafter recorded ln the real property records of Eagle County, Colorado.
(g) 'Mortgaget Deans a Dortgage or deed of trust encumbering an interest in a condorniniun unit and tMortgageet neans the holder of an indebtedness secured by a Mortgage, including a Flrst Llenor.
^ (r). 'otner' neans any lndivldual , corporation (ytr9tle1 for profit or nonproflr) , lartnership,'assoltatt-nl district 9r quasi-governrnentar c6ip-oration criitea under thi laws of the state-of col.orado, tnrit or other tegal entltyl-or any conblnation of individuals or legar entities] wnrcn, -" --
according to tlre real property records of Eagle iountyr-cororado, owns or own the entire undivided rie sirnpre'interest in one or Dore Condoniniun Units.
. _ (s) ,permittee, shall Dean any officer,
_111?:torr,employee, .agent, contractor, custoier, guesi,,vrsi.tor, invitee, ricensee, assignee, tenant or-c6ncesiionaire of an Owner.
(t) ,Sharing Ratio, of an Owner ls such Ownerrs percentage interest in the General conmon Elenents as set forth in Exhibit c attached hereto and by this reference nade a part hereof.
_ . (u) ,Unitt neans the lndividual aJ.r space contained wlthin the perineter warls, rrooiJ, ."iiinir, -
windows and doors of i unit in the gutiding-is-strown ana described in the Map, together with (ij ;ti iixa;res and inprovements thereini 1ii1 tne inner decorated. or finished surfaces of such unit's-periraeter warrs, froors ind ceiltng,.(iii) the doors and wind6vs of trre unili ;d-ii"t'the interior nonsupporting walls within the unit. The teni d6es not rncructe, however, the undecorated or unfinished surfaces of the perineter walls, floors or ceiling, oi . unl-, "rry utilities running through the unlt which serr/e more than one 1rlltl ?r ?ly.other Geneiat connon urenent "i paii- rhereof rocarecr withln the unit. rn the event of any conflict betyeen the definltion of. space in this Declaration ind rtr aeslg;;:---tion on the !tap, thl ttap shalL control.
, _ J") 'lilesthaven pedestrian Bridge' neans the pedestrian walkway constructed over the Easen6nt.
OccuDanc omlniun Uni
2.
(a)
Condoniniun Units The Property is hereby designated respectively divided lnto four as Condoniniun Units
Lnto Estates;
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1,.2r 3, and 4, each consisting of a Unit, an undivided rnEeresc ln the General conmon Elenents appurtenant to such unit, whlch interest is set forth in sxhiLit-C-ittacrrea.heretor.and the exclusive or nonexcrusive iight-to use and enJoy Linited connon Erements, as set forth in Exhibit B attached hereto. Decr.arant hlreby assigns oi, i" .pprofriate,creates, and grant? ong- conveys, to oeclirant ifrt separate easementa conprisins-tle Easement for so long as DeLrarant is an owner of a condoniniun unlt and to each oiher owner for the benefit of Decrarant's and such other olrnerrs condoniniuu unit, subJect to the provisionE of this oecririiron.
(b) Each Unlt shall be J.nseparable frou its appurtenant Lnterest in the Generar connon'nieuents ana the appurtenant.right to use certaln Lrnited corr""-brenents and shatt conprise one condonlnlrru unlt. A c;;a;;i-"r", u;rt "iiirr ulr"y: be conveyed, reased, devlsed, enc,,nbertd- or other*rise affected only as a_comprete condouiniuu uni.t.--e.r"ry convey-1lce, transfer, glft, devlse, beguest, encu.nbrance, or other dispositlon of a-condoninium uni€ or inv p"rt-tiiereot shalr be presumed to be a conveyance, transfer, eiiil-d;;i;;,-u.ii"rtl-encunbrance, or oth_er.aispoittion, as tie cise roay be, of the entlre condorniniun. unit, Logettrer'wrtrr iir-1nn""l"".nt rrghts and Intereets created by rai oi by tlis t;ciil;;ion, even though -any particular p6rtion or 6r interesi-i"-i"v condo-niniun unit is not explessty nention"a-or-ae"ciii"a in the subject docunent. rilte to'a conaoniniG u;ia-;;y be herd individualry o5 in any ron oe-concurrent ownership recognized in colorado. rn case-9f .r,y such concurrent own"rifrip;-;;;;--co-owner shall b9 j91"t1y ana.severally liable ior perfornance and obserrrance of trr *ri auties and rlsponsrliiitres of an owner with respect to the condoniniuu u"ii in-"ticn such co_ouner owns an interest.
(c) .|ny contract of sale, deed, lease, deed of t1ultr mortgager -wilI-or other Lnstruurent affecting a condo-ninium unit nav descrlbe it as rorrowi-J"itn-ippiofriate --inforaation in-serted) :
,Condoulniun unit _ , cAscADE cLIrB CONDOUfNfUIiS, accoidng to the Condoniniun Declaratlon for Cascad6 club Condoniniuns record,ed __ _, l98Z in Book it
E.9". _-of tbe real ptoperty recoriiFof Eagle county, colorado and Lhe- condoniniul iral ror Cascade Club Condoniniuns recorded 1e87 in Book _ at page oi-irrGr- -,propertyrecords-of EagleCou-untyrColorado.,
Every such descriptron sharr be good and suffr.cient for all purposes to sell, convey, transfEr, encunber, lease or other_
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wise affect not only the Unit, but also the interest in the
General Corulon Elenents and Linited Comnon Elements
appurtenant to such Unit and the other easenents, obligations,liuritations, rights, encutnbrances, covenants, conditions and restrictions created in this Declaration. The reference to the Map and Decl.aration in any Lnstrument shall be deemed to include any supplenents or anendments to the Map or Declara-tion, without specific reference thereto. In this Declara-tion, a Condominlun Unit nay be described sinply by its Unit
nunber, such as, for exanple, tUnit l.t
(d) Declarant shall give written notl-ce to the assessor of Eagle County, Colorado, in the manner provided in the Act, so that each Condoniniun Unit wiII be separately
assessed and taxed.
(e) Each Owner sball have the right to lease or enter into agreenents regarding the use by others of such
Owner's Condoniniun Unit upon such terns and condltLons as
such ovner may deen advisable; provided, however, that (i) any such lease shall be in writing and shall provide that the lease is subject to the terns of tbis Declaratlon, and (ii)any failure of a lessee to comply with the terms of this Declaratlon or the Articles, Bylaws or rules and regulatlons of the Association shall. entitle the Assoclation to pursue all
remedl.es against the lessee or the respective Owner aE set forth Ln Section 6 her€of.
3. Condoniniun l,lap. Upon substantial conpletion of the InproveDents, and prJ.or to any conveyance by Declarant of a Condoniniun Unit, Declarant shaLl cause to be filed for record in Eagle County, Colorado, the Map, which shalt contain the following: (a) the legal description of the surface of the Real Property and the real property over which the Ease-ment crossesi (b) the llnear neasurenents and location, with reference to the exterior boundaries of the Real Property and the real property over which the Easement crossea, of the fnprovementsi (c) the floor plans and linear dinensions of the lnterior of the Building, including the Units, the ceneral 'conmon Elenents which are not located within any Unit and the Linited cotnnon Elenents; (d) the designatlon by nunber of each unit; (e) the elevation ptans of the Building;-and (f) the elevation of the unfinished interior surface of the floors and ceillngs of the Building, including the Units, as established froro a datun plane, the distances between floors and ceJ.Iings,and the linear Deasurenents shoving the thickness of the perl-neter walls of the Building. The Map shall also contaln the Statenent of Declarant subnitting the property to the provl-sions of this Declaration and tht staternent oi an engineer or a reglstered land surveyor certlfylng that the Map fully and accurately depicts the layout, neasurernent, location and
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elevatlong of the Building and the Westhaven Pedestrl-an
Bridge, the Unit designations and the dlnensions of such
Units. Declarant reserryes for a period not to exceed seven
years fron the initiat recording of the Map, tbe right to
imend the Map from tirne to tine to conform it to the actual
location of any Improvement.
4. General Conrnon Elementsr Encroachments.
(a) 'The General Conrnon Elenents shall be owned
in cornnon by aII the owners and shall remain undivided. No
onner shall assert any right of partition with respect to the
General Conmon Elenents. Each Owner waives any and. alL rights
to institute or naintain a part,ltion action or any other eause
of action seeking a physicaL division of the General colunon
Elenents which such Owner nay hold by virtue of such owner's
ownership of an undivlded interest in tbe General conmon
Eleroents as a tenant in cotnmon with the other owners. This
Section uay be pleaded as a bar to the malntenance of such an action. In addition, any owner who shall institute or nain-tain such an action shall be liable to the Association and
hereby agrees to reinburse the Association for the Associa-
tl.on'E costs, expenses and reasonable attorneys' fees in
defendlng any such action. This Sectlon shall not, however,Iiuit or restrict the right of the co-owners of a particular
Condoniniurn Unit to bring a partition action pursuant to the
provisions of Section 38-28-101 et seq. of Colorado Revised
statutea requesting tlre sale of such Condorniniun Unit and the
dlvl-sion of the sale proceeds anong the co-ownert; provided
that no physical division of a Condornlniun Unit shall be penrltted and no such action shall affect any other
Condoninium Unit.
(b) Each Owner and such Owner's Pernittees shall be entitled to use the General Connon Elements in
accordance with the purpose for whlch they are intended,
without hindering, inpeding or irnposing upon the rights of the
other ouners and in accordance wlth the rules and reguJ-ations
duly established from tirne to tirne by the Association, and
subJect to the provisions of Section 23 hereof.
(c) There J.s hereby created an easement upon,
across, over and under all of the General Cornnon Elenents for
ingress and egress, installation, replacement, repair and
rnal.ntenance of aII utilities, including but not linited to
water, sewersr gdsr telephones and electricity. An easenent is further granted to all police, fire protection and
anbulance personnel , and all sinllar persons to enter upon the
General Connon Elernents and Uni.ts in the perfor:mance of their dutles. Further, subJect to the provisJ.ons of sectlon 7(b)
hereof,, an easenent is hereby granted to the Associatlon to
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enter in, onto, above across or under the General Cornmon Elenents and any Unit to perform any duties of naintenance and repair to any Unit or the General Comnon Elenrents. Notwith-standing anything to the contrary contained ln this Section,no sehrers, electrical lines, water lines or other utilities nay be install.ed or relocated on the ceneral Connon Elements except as approved by the Association, and any utility or conpany in the use of the utllity easenent granted heiein shall be responsible for any danage to any General Cornrnon Elenents or cost incurred by the Association as a result of such damage and shall be required to pronptly restore any of tbe ceneral Conmon Elenents dlsturbed or danaged by such-utillty or conpany in the exercise of any ot tneir-rights under the utility- easenent granted hereln. Should any utility or conpany furnishing a senrice covered by this easenent herein request a specific easement, including a vehicular easenent, the Assoclation nay grant such an easenent through the General cornnon Elements by a separate recorded lnstrunent wlthout confrlcting with the terns hereof and without consent of the Owners belng.reguired. The easements provided for in this section shalr in no way affect any other- recorded ease-nent through tbe General Conmon Elements.
(d) If any portion of the ceneral Cornnon Elenents non encroaches upon any fnprovement, or if any rnprovement novf encroaches upon any other rrnprovenent or upon any portion of the General connon Elernents, ls a result of the oonstructl-on of any rmprovenent, or lf any such encroachment shal.l occur hereafter as a resurt of settting or shifting of any rDprovenent, a varid easenent for the encroachnent and for the naintenance of the same so rong as the rtoprovement stands,shall exist. In the gyelt-any trnpiovenent, any adJoining rnprovernent, or any adjoining cenerar conn6n nieneit, shill be partiarly or totally d-stroytd as a result of fire or other casualty or as a result of condennation or eminent domain p-roceedings, and then rebuilt substantiarly according to the Map, encroachments of parts of the General conmon Et6urents upon any Inprovenent or of any Inprovement upon any other Inprovenent or upon any portlon of tne Generll Connon Elenents, due to such rebuilding, shall be permitted, and varld easenents for such encroaihnents and Lhe naintinance thereof sharr exlst so rong ae the rnprovernent shall stand.
(a) If any Owner shall cause any material to be furnished to such owner's unit or any rabor to be perfomred therein or thereon, no owner of any -otner condominiun unlt sbarl.under any-circunstance be tilble for the palment of any opense incurred or for the value of any work done or rnateriil furnished. Alr such work sharl be at tlre expense of the owner
5. Mechanicrs Liensl fndennlflcatlon.
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:?$i"g-1!^!:_* done, and such owner sharl be sorery respon_srDre to contractors, laborers, trateriarnen and othei perions
f::ii_111y-l.p:t or materials io such oyner,s unii ;; ;;y-. "-
rmproveDents therein.. Nothing herein contained sharr "utnbr-ize any owner or any person d6aling ttrrough, nitrr "i-u"a.r-inv .?r'1:" !." charge the Generar corunon-Eremeni,s or any cond.ouriniuir unrt other than that of such onner with any nechairicrs rien oi other lien or encurnbrance whatever. on thl contrary (and l?::.:_i:_l-::*t siven), th3.rishr and power t- cnaisi iny rren or encunbrance of any klnd against the Generar 60nmoir Erenents or against any owner or iny ownerrs condouiniun unit for work done or naterials furnlshe& to any other ownerrs unit is hereby expressly denied.
^ (b) - ft, because of any act or omLssion of any owner, any ngqhanicrs or other 1ien ir ord.er for tfre p.vr.nt
,1 ynfy shal|. be fired against the Generar connon Erements or agalnsE, any other orirnerrs condomlniun unit or any iuprovenent-therein, or against any other owner (whether or irot such rlen or order is valid or enforceabre as iuch), the orrner whose act or omlssion forns the basis for such rieir'or order shall at such ownerrs owr cost and expense cause the sane to be cancerled and diEcharged of iecord- or bondea ui-a Eurety conpany reasonably acceptable to the associatl6n, or to such otlrer owner or oeners, wittrln 20 days after tfit ,latl ;; ;ir-i"g thereof, and further shalr indernnif| "r,a "iv"--iri tr," other onners and the Association harnress frou ana af-inil-"ni-'ina all costs, expenses, clains, losses or damages, LncludJ_;g'reasonable attorneyrs fees iesulting tfrereiion. -
(c) Labor perforned or uaterials furnished for the ceneral conDon Erenents, if dury autrrorize- by tne Asso-ciation in accordance with tnrs oecraration or the Bylaws,shalr be deened to be perforred or furnished with thi expiess consent of each owner and shall be the basls for the tiring--e : ri-." pursuant to raw againsi each of the condorninrun units.rn the event a rien is eifected against cwo-"i-r"r" condo-niniurn u1i!s, the owners of thJ stparate condonrni*-u'ii, ..y reDove their condonlniun units troi ttre lien uy-lalment of the fractional or proportional .ro.rtti attributabre to each of the condonini':r units- affecred. -i;aividu;r-;;y";;t-frrarr ue computed by reference to the sharrng nati-3. Sur""quent to p.ayPgn-t, dlecharge or other satisfa6tton, -rre E"na"i'rr,ruu-unit shall be rereased fron the ri"n ina ae to such condomini'n Unit the l.len shall be consid;;ee and deened to be paid,satisfied or dlscharged. partiii palznent, satisfactlon or discharge shalr not prevent the it!nlr-iilr-;;;;;"ding to enforce such llenor-'3 rights against any conhonini'n unit not so released or discharged.
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6. Adnrlnistration and Manaqement.
(a) Cascade CIub Condoninlums shal1 be adrninistered and nanaged pursuant to this Declaration and the Articles and Bylaws. EacL Owner shall be a menber of the Association and shall renain a roeruber untll such ow-ner ceases to be an Owner. As nenbers of the Association, aII of the owners collectively are entitled to a totar of lo,ooo votes in elections of menbers of the Board of Directorsi each Owner is entitled to the nuinber of votes equal to such onnerrs sharing R?9lo nultiplied by 10,oOo. Eachhenber shall cornply striciiy with the provislons of this Declaration and of the aiticies -'
and Bylaws. Ehe Association shall have the right to pronul-gate and enforce nrles governing the use, nainienance- and appearance of the Generar cornrnon Erenents. Each nenber sharl !e bound by and shall comply with the rules, resolutions and decisions of the Association auty made or ailopted in the manner set forth in this Declaration or in the Articres or pyraws. Failure of a nenber to cornpry with such rules, reso-lutions or decisions shalr be grounds for an actlon to recover darnages or to obtain inJunctive relief, or both, nalntainable by the Association on behalf of the other Owneri or, in i proper case, by an-aggrieved owner. In addition, the Bylaws nay authorize the Association, during the period'of any-delin-quency, (+l to revotie.a dellnquent Ownerrs-right to use the cascade village Facillties or General conmon ilenents, except for access to and fron such ownerrs condorniniurn unitr'ana ('ii)to suspend a nenberrs voting privilegesi houever, no such suspension shall affect the-rlghts oi a First Liinor.
. (b) The Association may enploy or contract for the senrices of a nanager, provided tlrat iuci eurptolnment "tt"ir be by contract having a tera of no rnore than thrLe lears and each such contract_shall be-subJect to cancerlation-by the Association on 90 days' notice. The Board nay not deiegate to a.Danager.the authority to nake expenditures ior capitai addi-Elons o-r tDprovenents chargeable against the naintenance fund.The nernbers of the Board shall not-be liable for any onission or inproper exercLge by a nanager of any such duty, power, or function so delegated by writt6n instruinent execulid-by a'maJority of the itoard. -
(c) The Association shatl have aII of the powers necessary to adninister and nanage cascade club condo-nlnluns and to perforr all of the duties reguired to be perforned by the Association pursuant to thiE oecl.aratlon, the Artlcres and the Byraws. llotirittrstanding such powers, uniess all of the First LLenors have glven theii prior-writtin approval , the Association shall not be entitted to;
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(i) by act or omission, seek to abandon
the plan of condominiuu ownership created hereby;
(ii) partltion or subdivide any Condoninium Unit; or
(ili) by act or onission, seek to partition, subdivide, encunber, hypothecate, pledge,
sell or transfer the Conmon Elements.
abandon,
alienate,
7. Malntenance and Repalrs.
(a) Each onner shall be responsible for
rnaintenance and repalr of such owner's Unit, lncluding
fl-xtures and inprovements and all utility lines and eguipnent
Iocated therein and senring such Unit only. fn perforning
such rnaintenance or repair, or in irnproving or altering such
owner,s Unit, no Owner sball do any act or work which inpairs the structural soundness of the Building or which interferes vith any basement.
(b) The General Corlmon Elements sha1l be
administered, consenred, nanaged, naintained, repaired and
replaced by the Association, which roay have access to any Unit
and the Linited conmon E1ements appurtenant thereto fron tine to tine during reasonable hours for such purposes, or at any tine for the purpose of naking ernergency repairs therein
necessary to prevent damage to the General Common Elements or to another Unit or Units. The costs of repairing any danage to a Unit resulting frou entry therein for any such purpose shall be a Connon Expense. However, if the need to nake such entry results from the negligence or intentional act of any
Owner, or such Owner,s Pernittees, such owner shall reinburse the Association for aII the costs of repairlng such darnage and shall be llable to the other owners for all additlonal losses or danages suffered, including reasonable attorneyts fees.
(c) Notwithstanding the foregoing, (t) each
owner having an interest in Liuited conmon Elenents shall pay
the proportion of the costs and expenses of naintaining,repalring and replacing any Linited common Elenents of whlch
such Owner has any right to the use and enjolment, the
nurnerator of whlch proportion Ls such owner's Sharing Ratio
and the denominator of which is the total Sharing Ratlo of all
owners having any right to the use and enJolmrent of the respective Linited Cornmon Eleroent, and (ii) each Orrner shall pay all costs of repairing any damage to the ceneral cotonon
Elenents, or to any Unit other than such owner's Unit, result-ing fron the intentional act or negligence of such frmer, or
such Owner's Peruittees.
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8. 9asca9e Villacle As tion. The Association sharl be a nenber of casc-EE-TITIEge-EE6ciation. Each owner,so. +9lrg_as such or.rner is a nenber 6e the Associition,-srr;ii;;entitled to use the cascade village ractriii;-;; speciiiEiriv pemitted in the protective covenants and the articres of incorporation and byraws of cascide virrige-a"ro"iution. The Assoclation and each owner sharl cornpry s[rrciii-with the provisions of the protective covenants and the artici.s -or
incorporation and byraws of cascade vrrrile arro"i"tiorr. The Association and each owner shall le louna-ur-."a-rrruir -rorp-rv
"+t!r.rutes, resorutions and aecisions or ci3cial viDige-G;;-ciatlon.dury nade or adoptea in-irre Danner set forth in the Protectl.ve covenants and-the artlcres oi-inJo"poi.tion or byraws of cascade Village Associition. riiruiE-oi tr,. Asso_ci-atlon or an orrner.to.ionply wltrr suctr r"i;;;-resorutlons or decisions sharr subJect trtl is"o"iation or Euit-oerner to the
5e}edl.qs -provided _!il_ f" the proaectlve Covenants and the bylaws -of Cascade Village tssociition.H tl d vi 9. Membgrship on_BoarC of Directors of Caseade Village Association. he protec_
:l::-::",:?ll::_.I_!l:. Tli"res. oi-ri;;$;;;;roi-o" bylaws of caEcade vllraoe Assocr.ation, the Association rs "itiiili-tl'designate.one or nore-rnenbers of the Board of Dlrectors of
:i:";::"Xitlase Assocl.ation, "uch aesisnailon "r,iir le-niae uy
9.
10.Assessrnents for Comrnon Expenses.
(a) Except as set forth in Sectlon Z(c) hereof,each owner sharr pay sulh ownerrs pro rata share of the conmon Expenses, based upon such ownerri 'straring-ni[io-i" effect on the date such Connon Expenses are assessed.
(b) - The Board shall fix, determine, Ievy and corlect annual and speciar assessnents to be paid by each of the owners to roeet tle connon-ixpettr"s and to create a contin-gency resenre therefor. prior tir trre beginninf-or each flscal year of the Association, the Board "t"ri-ia-ofi['a-uudget for that year.. The budget snarr inciuae, but shall not be linited to, an esttnate or tne costs ;i-;;ili,.il;";;-;;pir", renova_tion. ?19. replacenent of the Ceneial Conrrnon nt"mlnts, the cost of utiritLes and other senrices-to ue proviaea-uy trr" Associa-tlon, the cost of insuranc.-io-u. proviaed-uv-ttl Association as required by Section tt hereoi, !ropo".d cipital expenditures and the assessnents't-o uL naae ry-the cascade virlage Associatlon. tne uuoJet sharl incrud! an adequate resen/e fund for the rnaintenaice, repaiis,-i""o"ition and replacenent of those.ceneral Connon Elenents that nust be replaced on a periodlc basrs in oraer that rnainienance, repair and replacerneni nay be piia-r"i: fnrougrr regurar Jnstarrrnents
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I
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rather than by a special assessment. For the Association's
iirst fiscal !ear,-the Board shall.adopt ttre budget at the
first neeting-of ihe Board and designate the date of-conmence-
rnent of the iirst annual assesspent, with the costs for nain-
tenance, repair and replacement of the General Conmon Elernents
and any'reslnre fund nleded therefor based on a good faith
estina[e of those costs, said estinate nay be based on the
costs lncurred by slnllar associations in.the general locaIe.
Thereafter, the 6ost of naintenance, repair and replacenent -and any rese!:ve fun6 needed therefor shall be on the basis of
the prlvious yearrs costs with such adJustnents as the Board
considers appiopriate. The budget shall also include the
annual asselbnent for each Condonlniun Unlt. Special assess-
r,"ni!-nay be levied whenever ln the opinion of the Board it is
necessar! or advisable to do so (i) to Tget increased operat-
ing or niintenance expenses or costs, (1i) to provide for
aaiitJonal capital expenses, or (itl) because of emergenciesi
however, if the proposed additional capltal efpenses at any
given tine are oi would be in excesE of 910,000 in the aggre-
iate for any calendar year, such expenses nay be. incurred only
itter the Owners, bY vote or written consent of the owners
having an aggregate Sharing Ratio of at least 60*, approve
such tlqlensei. AII annual assessments shall be based upon an
approved budgett aII other assessnents sball be in itenized
slitenent foin and shall set forth the detail of the various
expenses for which the assessments are being nade.
(c) Ttre Board shall prePare and provlde to each
owner a statement for the annual assessment. The annual
assessnent shall be pald Ln quarterly lnstalhnents, each such
installnent due and payable in advance on the first day of
each calendar quarter, or nore frequent installnents as may be
deter::mined by the Board. Special assessnents shall be due and
payable as speclfied in the written notl.ce of such assessnents
provided to each ortner by the Board.
(d) lhe Board shall have the right to add to an
owner's assessment as provided in this Section those anounts
expended by the Assoclition for the benefit of such Owner and
suLh Owneris lndlvidual Condorniniurn Unit, including, but not
linited to, fines (pursuant to rules adopted by the Associa-
tlon), repairs and ieplacenents (to any Condoninium Unit or
the 6inerll cornmon El-rnents) caused by the negligent or will-
ful acts of such ottnerr or such owner's Petmitteesi and all
other expenditures or charges provlded for by this Declaratlon
or the Bylaws.
(e) ff any assessnent shall remain unpaid-ten
days after the due date thdreof, the Board uay inpose a late
chlrge on such defaulting owner ln an anount egual to 2t of
guch-assessnent. Likewise, a late charge equal to 2t of the
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unpaid assessuent nay be iurposed on the first day of each carendar month thereafter so long as such assessment sharr be unpaid. Failure to make payment vithin 3O days after the due date thereof also shall cauie the full amount of such ownerrs regurar quarterly instalrnents for the rernainder of that year to becone due and payabre at once, at the option of the a6ard.fn the event it shall becone necessary for Lhe Board to corlect any delinguent.assessments or fees, whether by fore-closure of a lien hereinafter created, by ionnencing 6t a court action or othervise, the delinguenl Owner shail pay, in addition to the assessnent and rate iharge herein provialir---al'r costs of collection, lncluding a reaSonable atlorneyr"'t.t and costs incurred by the Board in enforcing palment.
- (f) A1l sums assessed but unpaid for ttre share of coumon Expgnses assessed to any condorniniun unit shall constitute a lien on such condoniiriuu unit in favor of the Association prior to all other rlens and encunbrances, except:(11 l+gl' for general property taxes and special assessnenti;and (1i).the lien of the Mortgage of a Firit Lienor. The Association's l.ien shall atta6h-fron the date when the unpaid assessnent shalr.become due and may be foreclosed by the '
Association Ln like uranner as a rnoitgage on real property upon the recording of a notice or a crain-tfrereof execirtei by'thl Association setting forth the anount of the unpaid inaeited-nessr.the name of the Ordner of the Condoniniun-Unit, and a description of the condorninium unit. rf any such rien is recorded by the Association, the ohrner shalr be requirea to pay the costs and extrlenses of the preparation and fecorarng or the Assoclatlonrs lien, includlng ieaionable attorneyrs fe6s.rn any foreclosure of the Associitronrs rien, the owner shalr
?:_l:g-9_ile! to pay the costs and expenses of such proceedings,lncrucling reasonable attorneyrs fees. During the period of-foreclosure the owrrer of the-condoniniun uni€ s"liEJi-[o euctr actlon shall be requlred to pay a reasonable rental to the Association, and the Associatt6n shart attempt to rniiigi[" rt=danages.. The Association sharr ue en€iit.a io lurchase the condoniniun unit at the foreclosure sale, and tL ."q,.ii", -
holdr. lease, nortgage or convey the sane. Each Owndr, bi accepting a deed-to-a condoniniun unit walves any appit"br.hornestead exenption as to the assessment lien.
_ (S) No Onner sha1l exenpt such Owner fron rlaDrrlty for palment of such Ownerrs share of the Conmon Expenses either by wal.ver of the use or enjoyruent of any of the General conmon Elenents or by abandonn6nl of such ownerrs Condoniniun Unit. If a Condoniniun Unit is owned, by co-
9Yners, each of such co-olrners shall be jointly and-severally llable for the portion of the suns assessed for conmon Expenses with respeet to such Condoniniuur Unit.
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(h) In case of sale or other transfer of a Condoninlun Unit wlth respect to which sums assessed for
Cornttron Expenseg shall be unpaid, the purchaser or other transferee of an interest in such Condouiniun Unit shall bei Jointty and severally liabla with the seller. or transferor thereof for such unpaid assessments. Notwithstanding the above, any First Lj.enor who obtains title to a Condoninium Unit pursuant to foreclosure of the Mortgage or conveyance in lleu thereof wlll not be liable for such Condoroinium Unitrs unpaid dues or charges which accrue prior to the acquisition of title to such Unlt by the First Lienor.
(f) Upon written request of any Owner,Mortgagee, prospective Mortgaftee, purcbaser or other prospec-tLve transferee of a Condoninl.un Unit, the Association strltt issue a written statement setting forth the aDount of the unpaid common Expenses, if any, with respect to such Condo-niniurn Unit, any other charges or costs lnposed against such Condoniniun Unit, the amount of the current quarterly assess-ment, the date on which such assessnent becane or shalt become due and the anount of any credit for prepaid expenses. Such statement, for which a reasonable fee nay be charged, is bind-i1S upon-ttre Association in favor of any person vho iay rely thereon in good faith. Unless a request for such statEnent-shall be.conplied wlth within ten days after recelpt thereof,all unpaid Connon Expenses which becine due prior Lo the date of rnaking such request shall be Eubordinated-to the lien or other lnterest of the person requesting such statement.
(j) Any party in favor of whon a llen on a Condoniniun Unit has been created nay but shall not be required-to pay any unpaid assessnent wlth respect to such Condoniniurn Unit, and upon such paynent such party shall have a ]ien on such Condoniniu:n Unit Eoi ttre amount so-paid of the sane rank as the Lien theretofore existing.
(U Sirst Lienore shall be given wrltten notice by the Association of any default by an Owner in the palnrent of any assessDent hereunder, which default has renained-uncured for 6O days.
11.Insurance.
(a) Each Owner shall, with respect to such Otner's Unit, keep all inprovenents and aU f-i)itures located in such Ownerrs Unit but not including furniture, furnishings or other personal property supplled oi installed by such Owner, lnsured against loss or danage by fire or olher casualty, with extended coverage (including insurance against or danage by vandallsn or naticioris niscnief), in at leist tbe anount of the naxinun replacement value thereof, deternined in
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accordancE wrth section 11(c) hereof. The Associatton shalr,on behalf of the Owners:--r-, '
Iocared rn the.s:t?{i! "l;B""ii:iii!!fflT.i"i":iiufi}.""""furniture, furnishire, ;;;il.;_personal properEy supplied or instatled by the nsJ5ciiiiJil-i";"red.asainsl-io"= or damase by fire or 6ttrer^casualty, -iiiti extended "o.r""ig". (lncruding tnsurance aqainst_ or aaniie by--vanaafisn or nalrcrous nischief), in ar r.i"i-itE--il.n. or trre ;;"il; repracenenr illl!:rln"reor, determinJi-ii*Il"ordance riiii-s..tion 11 (c)
protectio, o. .l:.{i+i:}:!i:*l"rilu"f;i:"ll iiI.Ei"illlll ."u all the ownera t3_.T-11;I-ii!"6"r, senerar _publlc riability and property darnase. insurance afiinst 6rai:ns-ri" u"airy injury or death or propirtv.a"iis"-;ilili.g_upon or in rhe General conmon Elenents,-in f iiitr-"Iiirt. Iess-than Sl,ooo,ooo for a bodilv injury "".9=!l-i;-;;-iil,*"" or-p."rJil-arislns out or one accident or. disaster, or-rJr. aanage i;-;;6."ty, and if hisher ltnits srr3]r-i!- ;ir-iri!,u...custonary oi advrsabte to H:ff.;""9:lli:.i"ssibre l,oi[-iiuuiiitv, -.!rlh-iie],", rinits
Association nav :iiiii='";:9":li)'3l"iu*1"ili3 ll$*; :;Jn.other insurabri *;fl;_;;;;-;r"u. tiue to tine be cor'nontv i::$i:"1":il::":l"lnin;ii"-"i !i,u;;;,;;";ii.i,, _=riii;;-,
i::::3ffi :l :ffl"iii!:'STv.f,:T::::i"ll3'"f:i":fi, li:b* itv
(b) AII insurance required to be carried under thrs section sri'air_;;-";;;i;"il rav'or-oi irr"-ir"o"iation, rhe orn'ters and all First-r,ienois, ir trr.i" respective rnrerests nay appear' Each porirv Ji-6uliarty-inr"iin"J-srrarr contain a standard nortqaoee- c-tauie-in-iiilr, 6r eacrr-i;rir['' r,i"nor which shall provide tf,at trre-i;";; i;'"ny, thereunder shalI be pavabre to such rirst rienoi, -ir'iii iiitii;;i;.; appear,subJect, however, to.the ro"l p"nent provisions'in favor of the Associatron r,"r"i".it!i-l"f io"trr. Arl porlcies of casualty insurance. ."halr
-proiii"'that
losses- sharr be payabre co and adjusted w-ith thJ i""ililtr.on,. as attorney-in-fact for Ene owners. The Associ.tion-Jilir-nora_and appl| the proceeds of such r'nsurance 3s- set roitn--in thls Decraratlon. Each rnsurance porlcv sharr p"""iJ" iiiat no ."r,r"riilion thereof nay be nade by trre rnsui;;;;-;#i"r wi[r,oil-h;;i;s rlrsr grven 30 days' prior wriicen noii." thereof to the Associa-
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tlon, the owners.and arr Frrst Lr.enors. Each insurance poricy sharr also contain a 'severabirity of intJiesti enqorsement,,tbat- provides, in case of vioratr6n oe-ini-piovisid-6;;;;i by the Association or one or Dore. (but reis- trran-air-) ;;-fi;Qwnerg, that coverage of- such poridy shalr ue--suspended or invalidated onry as to the intEiest of the AssociitrJn-or-trre onner or onners connitting ttre violatl.on ""a-noi as to the interest-of any other own6r. AI1 porlcres Jr--cisualty insur-ance shalr contain vaivers of s"llrigatlon ""a oi any defense based. on co-insurance. copies ot air porr-res-"r "i""iiti--insurance and of arr renevit" th.reof, together with proof of p?n:lt ?_f_!h: prerniums,- sharr be deriver6a io-arr rrist-- --
rJlenors upon request. -up-on any conveyance of a condornl_nlun unit, the transferee or ine coiraorninii,n unii-"il.ir pro.rr.de the Assoclation wirh, at rhe associiti"n;, -opfi;";;irh;;-;-;;di:
ficate of l-nsuranc-e or copy of insurance poricy "rria"".rii-
--
cornptlance.wlth subparagriitr_tai above. F"iitLr, prior to r0 davs before the expiratlon- or'airy sucrr inluilil;'pbiici, -trr!-
orirner shalt provide to the associaii;; ;;id;;.., ir, tor.'reasonably satisfactory to the Associati"", -"i-i"newar of such insurance policy.
(cl The naxinun replacenent value of the rDprovenents (which shatr indicatL the roaximun repracenent value of each unit contained thJreini. ;iril;r ilauctlon tor depreciation, sharr be deter-in"a uy'trre e".J"iiii;;-;;;"---r.esgsl of any orrner but rn any eveirt prior i;-ahe Assoclatr.on obtaining- any poricy of fire iird c"srraity insur"rr." or arry renew-al thereofr. by means of one or nore written appraisals nade by competent,-disinterestea in""iin.ir-ippil'i="rsi hor{-ever, appraisals- need not be obtained-il;; ;;;q,l!ntly than at one-year intenrals. copies of Euch appraisiiJ-srrarr ue furnished to each owner ana eicrr-rir"i,-ii."."-"po" request.
r__--____ (9) Each Owner shall be responsible for all rnsurance covering.ross or daroage.to persoi"i-piop""ty in such owner,s Unit and fiaUitity foi iniuryl deattr oi-i.nage occurring inside such own-errs cJnloniniurn unit. Any such pollcy shall contain waivers oi-suurogation ina snarr be so written that the.riabilitv or-irr" cariiers iJsuing insurance obtalned by the Associatii," "tr"ii not be affected or dinlnished- thereby.
l3:,- " . Each owner by such Ownerrs " onr"y.nc"
Y::l-ilg_ll-_=!"h gy1rel an inteiert in a conaorniniura unit does irrevoiably constitute-ina-'ipp.iit the Associatioil ;iil ilii pouer of substitution as sucir-onnerrs trre and lawfur.attorney-in-fact in such orrner,s na'e, place and stead to dear with such interest. upon danig" i" or de-struction, obsoles_cence, or condemnation of the cascade club condoiinirrnr i"
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bereinafter provided, and Declarant with full power of substi-
tution as such ottner's true and Lawful attorney-in-fact in
such owner's nalDe, place, and stead to deal with such interest
in order to effectulte the reserrrations contained in
Sections 3 and 21 hereof, each with full. porter, right and
authorization to execute, acknowledge, and deliver any
contract, deed, proof of loss, release or other instrument
affecting the interest of such owner, and to take any other
action, wnicn the Agsociatlon or Declarant may consider
necessary or advisable to give effect to the provisLons of
this Declaration. If reguested to do so by the Association or
Declarant, each owner shalt execute and detiver a written
instrunent confitming such appoJ.ntnent. The actl'on of the
Assoclation ln settling any danage or condemnation claim shall
be flnal and binding on all owners. No owner shall have any
rights against the Association or any of its offlcers or
directors with respect thereto except in case of fraud or
gross negligence.
13. Damaqe or Destructl-on. In case of damage or
destruction of the Inprovements or any part thereof, by any
cause uhatsoever:
(a) If ln the reasonable Judgrnent of the
Association, the proceeds of insurance shall be sufficient to
pay all the costs of repairing and restoring the ltrprovements'
the Association (as attorney-in-fact for the owners) shall
cause the Irnprovements to be repaired and restored, applylng
the proceeds of insurance for that purpose.
(b) If in the reasonable Judgment of the
Association, the proceeds of insurance are not sufficient to
pay the costs of repairlng and restoring the frnprovenents, and
if the excesa of such costs over the anticipated insurance
proceeds, are less than 10t of the nininun replacenent value
last detetmined under Section 11(c) hereof, then the Associa-
tion (as attorney-in-fact for the Owners) shall pronptly cause
the Irnprovements to be repaired and restored, and the differ-
ence betneen the insurance proceeds and the costs of repair
and restoratlon shall be a Connon Expense to be assessed and
pald as provlded in Section 1O hereof.
(c) If in the reasonable Judgment of the 'Associatlon, the anticipated proceeds of insurance are not sufficient to pay the costs of repairing and restoring the
Inprovenents, and if the excess of such costs are 10t or Dore
of- the naxinun replacenent value last deternined under Section
11(c) hereof, then the Assoclatlon shall pronptly subnlt to
all ownere and Flrst Lienors a plan for the repairing and
restoring the danaged InprovenentE. If withln 100 days after
the date of such dinage or destructl-on the plan for repairing
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and restorlng tlre fmproveDents so submitted shall be
disapproved ind a sale of such InproveroenE l:-approved by the
owneii havlng an aggregate Sbaring Ratio of 75! and all Fir.st
Lienors, the-Assoclitton (as attorney-in-fact for the Owners)
shall execute and record in the real property records of Eagfg
county, colorado, -a notice of such facts, and tbereafter shall
selt Lire property (inctuding the Inprovenents) free and clear
of the provl-sion3 6f tnis Declaration and the Map' whic6 sball
wholly terninate and expire with respect to.the Property upon
the ciosing of sucli sale. The proceeds of insurance and the
pioceeds oi such sale strall be Lollected by the Association,
ipplted flrst to the payment of-expenses of the sale, and then
aiitaea among the Owneri and paid into separate accounts, each
representing-one Condoniniun unit. The insurance proceeds
fr6ro a casuilty insurance poticy naintained by a particular
Onner shall. be-pald to that Owne!, the insurance proceeds fron
a casualty lnsulance policy naintained by the Association
shall le alvlaed accoiding to the owners' respective Sharlng
Rat|os, and the proceeds of sale shall be divided accordinE to
the Owners' respEctive Sharing Ratios. The funds in each
account (wlthout contribution from one account to arrcther)
shall be'applied by the Assocl-ation for the following purposes
in the ordel indiclted: (t) for palment of taxes and special
assessnent lLens in favor of any assessing entity; (11) for
palment of the balance of the lndebtedness held by a Flrst -LtEnor; (ilf) for palment of unpaid conmon Expensesi (iv) for
palment of indebtedness secured by Junior liens and encun-
Lrlnces in the order of and to the extent of their prlorlty
and (v) the balance renaining, if any, sha|| be, paid to the
owner.- The provisions of this Section shall not be construed
as liniting -in any way the right of a Flrst Lienor (in case
the proceeds allocated under (ff) above shall be insufficient
to piy the indebtedness held by such First Lienor) to assert
and enforce the personal liability for such deficiency of the
person or Persons responsible for payrlent of such indebted-
ness. If within loo days after the date of such dauage or
destruction ttre plan for repairlng and restoring the dauaged
or destroyed Irnprovements subnittea by the Association ls not
disapprovEa purluant to this Section 13 (c) , the Assoclation
1as altorneylin-fact for such owners) shall pronptly cause
iuch repairs and restoration to be nade according to such
plan. lt1 owners shall be bound by the terns of such plan,
ind the dJ.fference, if any, between the amount of the lnsur-
ance proceeds and the costs of repair and restoration shall be
a con'non Expense to be assessed and paid as provided in
sectlon 10 hereof.
(d) Nothing contained in this Section shall be
construed as lip6sing any-liability whatever on any First
Lienor to pay a1l or-part of tbe costs of repair or restora-
tion.
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(1) --fe at any tlue owners havlng an aggregate sharrng Ratio of 60t or Dore and alr First Lienors sfritt'agree tbat the BuildJ.ng has becorne obsolete and shalt approve a ftan for its renovation or restoration, the Associatioi- (as attorney-in-fact for the owners) shaLl pronptry cause such renovation or regtoration to be uade aslording-to such plan.Arr orrners shall- be bound by the terms of sucf, plan, anb the costs of the work shall be a conmon Expense, to be assessed and paid as provlded in Section 1o herLof.
(b) - If at any tirne owners having an aggregate sharlng Ratio of 6ot or mori and alr First Lieiors "riirr-ifi""that any of the rnprovements constitutlng General coumon Elenents have becoure obsorete and shall ipprove a prin-ior their renovation^or restoration, the Assoliation 1is ati-iney-in-fact for the owners) shall piomptry cause such renovation or restoratl.on to be nade accolarn| t6 such plan, Alr owners shall be_bound by the terrus of sucfr pran, "nh tne costs of the work sharr be a gonngn Expense, to bL assessed and paid ""
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provided j.n Section 1O heieof. -
(c) - ff at any tlne Ownels travlng an aggregate sharing Ratlo of 60t or morE and att First l,ieiors sriirr-igiee that cascade club condonlniums have become obsolete and shiuld be sord, the Assoclation (as attorney-Ln-faci ior the own-rs) -shall pronptry-record in itre rear property records of nafre-'county, color?do, a notlce of such-fa-cts,'and shirl serl-itre ProFerty, incruding arr rnprovenents, fr6e and crear of thls Declaration and the Map, whictr shall whorly iJr:ninate ana expl're- upon the closing'of such sare. rhe-proc-lds of such sale shall be coltected, appried and dlvid.h aroJng the owners bv the Association in the ilnner provided il a;;cion-iri;t---hereof.
14.Obsglescence.
15.Condemnatlon.
(a) If the entire property shall be taken for
Ty_p::ll9_9T e,t.ri--public- use,.undei anlr statute, by righi-or enrnenc cloDain, oI by- purchase in lieu thereof, oi ff anf part gr !n9 rnprovenents itrltt be so taken, oi rr-itrv parr of the Real Propgrty sharr be so taken and the part reiaini"e-rniii be insufficient for purposes of cascade 'ai"b co;eorir,irrr",-[n.Association (as.attorney-in-fact for the ownerij -shall corlect the award nade ln suctr Lbrlng and sharr selr th! part of the Pr-operty, including the ImproveDents, renaininj after the taking, . if any, free and ciear of this oectara€ion and the Map, which sharl who.lry terninate and explre upon the record-ing of a notice by the-associiiron settiirg rorih arr of such
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facte. lrhe award_and the proceeds of such sare, if any, sharl
P:_:?ll:?ted, applied and aiviaeO anong the owners Uy ttre Associ-atlon in the rnanner provided in section 13 (c) lrereof .
:.. !L_ -- . (b) If such taklng shall be partial only, and rf Ene reDarnlng part of the property shalr be sufficieirt tor the pur?oses of the cascade crub-condonlniums, the condoruiniun ownership hereunder shalr not terminate. Eacir owner shal.r be entitled to a share of the condernnation award to be deteruined under the folloning provisions:
:f-:r-rrt!ry le .hirLn.lli ::*:""8i:il:"*'3fi3iiuo!'"li5l:'Eroned anong the-orrners on the basls of each ownerrs rLipec-tlve Sharing Ratio;
(ti1 The total amount allocated to
:ev:rar.rc? danages shall be apportioned to each owner of those sonconlni.un unlts which were not taken or condenned on the basis of each such ownerrs respective sfraring-i"tio;
the takins o, o,(i*il* Il""T:ffi:il:".$;$.:."ll"iii:1"!:Dents an orrner has rnade within such ownerrs own unit-irriii re apportloned to the owner of that particular conaoniniun unri-involvedi and,
quentiar danases iii,.""':in!l'il*iff"1: iliffi::",llriT!"-apportioned anong_the owners J.n prop5rtlon i"-in"ir i"=pE"ti""sharing Ratios. rf an arlocatioir oi ttre award is alreahy -- -
established in negotiation,
_
judiclar decrte, -Jr-otrrerr.rls3,
then in allocating.the ar.raid-the Association shall enpi-y'sucrr allocation. Dist;rbution of apportion;a-a;;.;;ai sharr be
P3d? uv checks parlbre Jointry-io ttre resiective owners and their respective F1rst Lienori.
(c) .In the event a partlal taking results in the taklng of a unit, the owner thireof shall autoua[iJ.rii cease to be a menber of the Association, an--suctr Ownerrs ownership interest in the Generar cornrron Elenents shalr Eer.rnate and vest in the onners.of the renaining condoninium Units. Thereafter, the assoctaiton shall reallocate the ownership and assessment ratios deteminea in iccordarrce vlth this Declaration according to lne rerative square footage of glch.unit (the sane principres enployed in Uiis-oecraration at its_lnception), and lrratt iecora-in-ih; ;;.i'-liol""ty records gf-P1er.-county, colorado an antndnent to this Decraration setting forth such reallocatlons.
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cascade club condominiums shalL be nade'tire suuject matter of any condeunation or eminent dourain proceedlng oi r" ottrerrrrse sought to be acqrrired- by a condenniirg autrroiity, trr"r, cir..ii-written notice of such ionderonation Sniii--u"-eii"" by the Association to each owner and Flrsi r,i"""r-"p6i-tr," Associa-tlon learning of such facts,
16. oualiiv of Work. Any repairs, renovatl.on or restoratLon undertaken by the assoiiation a! -ilorrrey-rn-iact
for-th-e olrners.pursuant Lo the provisions or itris Decraration shall be done in such nanner as to nake the reii propefty or the inprovenents so r-epaired, renovated or restored at least as valuabre after_such work as it was irn'nediatery uetore-ifie occurrence requirlng the work to be done.
L7. Anendnent. 9r Revocatign. This Declaration rnay be anended.upon tne wiiEEEn-lEFiov-ar in recordabre forn of the oy{rer? hrvirs an aggregate shiiing natio oi-coi-or Dore and arr First Lienors, -ixcept: (a) tfre pr-viiions of this section L7 (other than section_12(b)'birow) ind the provrslons of sections 2(a1 ,2(b) and ld(i) nereor and Exhlbits B and c rerating to interests in the'ceneral corunon ui"n.nt, and the Linited contnon Erenents_nay ue-irnended onri [pon the written approval in recordabre fori of arr owners ina-rirst Li;;;"";and (b) the provisions of this sectton-iitui--."a sectron-iiigt nay be nodlfied onlx upgn the wriri; d;i&"r"it recordable forn of the owner ge__uirit 3,,th; ririt ii;;;;-vith respect'to unit 3, the Town of Vail, c6f"ria" i[he-;T;;",i, v.ff Associates, Inc., a cotorado corporiti;n l;i;rri ana cascade Village. Yetropoli!3 gi9tr,i9t, -i Cotorado quasi_nunicipal corpor-ation. (the 'Districtl).' trris oeciiriTi-" ,ay be revoked upon the written approval iir recordabre forn of ali o*nei"-ir,a First.Lienors, q*"!ir* that rt-ir,. provisions oi iection 23(g)are stirl in effect bs of the date of such revocatl'n, the written.approval of the- Town, vai-."a tt^."oiJili"t ,t"tt .r"o be required for any such ""vo".iio;.
- ihis-oeciaration shalr also be revoked lly_h:t: or in.lart upon sare oi- arr or parr ?!.tfr"- real_property pursuant t6 sections itact, u1c1 or 15(a) hereof.
18.. Each ?T::,:l?11 reslster. ; uitlr rhe l?::"}1:ilT: - Fr. norices,- aernanasl;-;fi";;;fi;.;-ilrffa_
l1:l-:'*:g:i-::-b: =:*:i-f;;;-';rr orrner Enari-ue sent by :i!*:_::s1:t:I:d or certtfila rriir, i,""t.i"-irliara,l:3::::.d *T'.1:.?119 of -trre.o,nn.i-it-;il;";di;G;;i nairins
111:::=-.._ _
Atl.. notices, denanas oi-oir,.i-n"ti"E3-iiilia;^i;';.
::A::^"*l_ll: Association shali ue seni-c.iirrr"a nait,
:::::s:-pff!.*31__to the address of rhe Association as a-iis-nated in the Bylaws.
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19. Dufatlp! of Cgndoniniurn Ownershio. The separate estates created by this Decraration ana trre ll"p shatl coirtinue until thls Declaritlon sharl be revoked or unt-il it; pi.vi-----sions shall teminate as provided herein.
20. ArchltPclurel Control . No bulldlng, fence, vaII or other structure shall uq conngnced or erected'upon th;Property, nor shall- any exterlor addltlon to or chinge or alteratLon thereln-be nade until the plans and specliications showing the nature, kind, shape, heigirt, cotoi, iaterial and locatlon of the same sharl hale'been-subnitted to and approved In_writlng as to haraony of external design ana iocation in reratlon to surrounding str:uctures and topogiiplri by the soara or by an architectural connittee composed-oF tirrie or more representatives appointed by the goalo. rn the event the Bo-ard, or its designated-cornnittee, fairs to ippiove or drs-approve such design and location within thlrty-iays after such pllTr_1ld_specificatlons have been subnitted, io it, approvat r{1ll not_be required and thls Section will be deenid LL rrave been fully complied with.N
cl
(a) Declarant resenres to it for a period of seven,years fron the date this Decraration is initially recorded, and tl?Ieafter perpetualty to the Associ;ai;;, (f)the right to dedicate.any aciess rolds and streets senrini lne cascade club condouiniuns for and to public use; to estabrish easements, rese!:1/atlons, exceptions ana exclusions consistent with the condoniniun ownershii of the cascade club condornin-iums and the best intereist of'the owners, the Assoclation and the cascade virlage Association, ana liij an-..r"r"nt over,
11der and through inproved and uninprdvei part=-of the ceneral
9?TT9T Elenents, to the extent necessary for construction of aqorElonal inprovenentq on the real property subJect to the Protective covenants, and to instarrl niintiin iia rer'ove prurnbing, ducting, venting and other'appt;"aus oi utirities to acconmod_lte.any Ordner in the design ani-operation of such onner's unit or the business condrlcted thirein; frovlded that the actual location of such easenent nust be reasonable. such impr-ovenents, to the extent_they sharr exist foi comnon use,may become General co*on Ereneirts, and the operating ""p""!."of such General conmon Erenents urir u! corr"i-i"penses.
(b) Declarant reseti\res and excepts for itself anc rts successorsr. assigns and invitees fron ill grants,conveyances, dedlcations and provisions under this-Decraration and the Map, a perpetuar nonelcrusive ea""ro.nt-ina rrgh[-;i----way under, over, across and through the property for fhe purpose of constructing, installing, naintalnin|, repairlng,
2L.General Resenrations.
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enrarging, reconstructing-and repraclng faclrities provlding or supprying uttrity sedice oi irr xinas-to-in! """r property subJect to the prbtectlve covenants incrudlng, but not linited to, water' sererr _erectricityr--naturar gas, cable terevision and telephone senriges; proviitea that the actual location of such easernent and right i,f wii-nust be reasonable.P::]il"lt's rights uider rhi;'rlsenration i"a--"iceptron nay be 1::lg":9 by Decrarant. to 1ny utitiiy-;;;.;y] iJ"""*ental. or quasr-governmental authority providrng any.or irre uttliit- --serryices describec above. beEtarant by this reserrratl0n and exception shall .lly"-1"-gUftgaiion to construct or naintain any. utility serrricE on the rSar-property subject to the pro-tective Covenante. The e"ren"nt'11g riVtrt "i-".V hereby reserved and excepted shall run-witn ah;-i.il iii snau ue appurtenant to tl:_:"lf_ prop"rty subJect to the protectlve covenanta, such thlt a tianirer'of r6gal iiti"-ti arr or any portion or the rga-' nrgg"iit-;ubj""t-i"-ti!'iioil"tr.,"covenants shart autoiatic"iiv-t"insfer a proportionate interest in the eaeenen€ i"a'rfiirt of way reserrred and excepted herein.
22.gonnon Elenents. Th; Ass;Effi; snEr.Eiffi?-rishr to rease' ricense, or-penrit tt"-u"L of, by less than arl owners or by nonowners and-with "i-"iiio"t charge as the Association uay deem desirable.r, ony poitio""of the cenerar corn.,,'on Elenents. The rigirts srini.d'Io the Association ln this section 22 shalt,:lJ" fi-;;;;"iJea on a tenporary, nondiscriu_inatory, noncontrnuous basi"-in-tn. prorootion of the cor.lec-tive best interest "i-t["-o*!l".
23.
(a) _-Nq- rnrperil=iJrcr of rnsurance. No owner nor any perzittee of an owne@i .",r"" anythrng to be kept in or on the cascia" ir"u bo"a"iiniuilJ wrricrr night result in an increase in irre-pi.ii,'" of insurance obtained for the cascade crul cJna;i"i;; or which night cause cancel-Iation of such insurance.
(bl^_ No Vigf3Fign of tarr. No Owner nor any :;Ti.ff:;f=11l-opffis ti i!L; anythins in or on the cascade crub c"na"nr'r"ili ,,iiiEn-".iiE"u!"iifiillr]lnproper' offensive or in vroiition.of any_"iiir[., ru].e,::1il3l:r,. resutati"n, perulI-Ii'otner validty imposed reqJuirenent of any goveinnental body. --r
.(c)__No N€rxloug. Offensiye, Hazardous or +parilg : tctivities. llo-noE6For o-rrEnEGf,Eivity sharr.De carrr'ed on uoon any part oe ine cascade club condonlniuns nor shat'l anything u"'ain"-"i-pi.".o on or in part of the
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cascad. crub condoninr'ns vhrch r.a ot uay becone a nuisance or cause eubarrassment, dr.sturbance-or annoyance to others. Arr orf,ner' agree that as to aislui.r u"t"."n'o,on.r=-or between the Board and owners, the Board, ;i;;" shaD detennlne lf a nulsance exrsts._1rg no pirtv-"ii"rr ue entiii;e-i" lnslst on a Judlcial dererninatlon oi ""ir."c"-piio"-'i"-iJipir.nre w{th an order fron thE Board to aliie-i'-nursance. xo altrvr.ty shall be conducted on any-part of the tascade crul conaouiniuug and no I'uproveuents sriri ue riae-or'constnrcted on iny part or the cascade ctub csnaouinrG*ir.n are or ntght be unsafe or hazardous to anv_person.-or property. No sound shall be :::!!:9 ol-any il't or trrE bi"lide-club co'aorr'J'ms whtch is unreasonably roud-or annoyl-ng. No odor srraii [e-euitted on any part of the cascade crr:b'conaornrni'ns-r*rr"f,-r" noxlous or offensive to others- No righi-;halr be "ri[i"d iro, *y parts of the cascade cr.'b condonif,irrns-'urrrcrr-rs-unreasinarry brlght or causes unreasonable glare.
(d)_ To lrnslghtilness. No unsightltness shall be peraitted ori gr_+n.any-paF6i the cascade club Condo_minluns. lrithout,.rlgifi;g^AJ .!ln.r.r riy Ji -trre*ror.soins,
nothlng eharl be kept.or itored on or J.n any of the Generar con'on Eleuents; noirrtnf ;fili b; nung;r-;i."Ealpon any of the General connon rfen6nisi-inl-notrring shatl be placed on or ln windows or doors. of the i.icia. crub-cond-uinrur=, whlch vould or uight create "" ""rfghiiy .pp""rance.
stock,-horses dr-poffii
:f:g^!igln any c6naoniirru" unit-or wlrlrin bred withln any Eleuents.
(f) E Unsightly obJects ana uadeiiaG shall not be -iaced upon tf,e-c"nlraf ;:t::u"*':"::.:?*-":_i.:* i:_qi_Fiillh'Eiil,ifi="iEilliil ".,be used as a du.ur .-_- ! v_ b..E \rE.rr;rar uc,tD.Bon l;leDents Dal
and the san. *h.i)i"ts:?::1-I?t^g"T!"g", trash "" "trt"r-";"t;;i::^:l:. ?::"-:l?+r-l-: -
ut-"n'".i- oi-i;-l-;;ighTJ#;: H:As soc iat ion sha rl_ 1"y9 tr'E -irgni -t!""it!l"iilit
"ili"EEilr.l ,:::T:l-p_1enents. and to r.r"".'",ich refuse piles or other unsi remove such refuse piles oi other li.: I g!tr-v. obJ ects ana uat eiiir -"i' ti; - ;td;; =i r"[o!-8ii.,causlng tbe sane, and srrch oitr-r--r-rr rr! L.- r-trespass., and such entry shall ni,t Ue aeenea a
!:) Restrictlon on Anfunals.No anl.uals, Iivs-be kept, raised or the General Cornnon
r- _--- (gl gnit . 3 rJse Restrlctions. Between the nour. of 8:00 a.r'. anaffiuy trr.i vorr Y::l:"lf-ts open_for srtlnf ;i ;h" seneral pubrlc, ar reast 125 parkrng_ :plces r5catea--on-unii-i 'rrr"ir-u" reserrred for use by- the pri-uric r""-".rriJutar parxlng on such terms and conditl'ons is the or."-"r-iirt 3 Day impose provlded that the fees charged for i""fr parXlng shall not exceed the parklng fees ctiarged-r;;;1i;" to tlme by the Town
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for nunlclpalry-owned covered parklng spaces. The provisions of this section 2: (.91 ,uy-t"-"iliO"a only by the vritten approval ln recorda6ie r6rn-oi [ii" onner of unrt 3, rhe First Llenor with respect. to unii i] iiie rown, vlr-ini ih" Dirt"i"t,aa set forth ln section_ 17(bi. in..pror.isionJ"oe.tnr" Section 23(s) sharr be enforceauie'"itiy f,y trre Torrn, vAr anar the Dlsrrlct, as eet roiirr-rn-s!"ii"i. zz.
1,2a-l 3shall-1.notor vehtcte parklng, ""ndor-aiii".irIJ-lii notor
(h)
erles and
24.Pedestrian Access Easement.
. Units for purlroses of refuse renoval .
.ttt..,
=cl
ttt _qlit l=use nestric . Unlt { shatt be used and occupiei and racqu"t. irui, il:ilItff'":$n"ffffF:J;:l ;jgiFr*illl tles, adrninistration "rirc!s-iii-nearcal facilltres.
gYT: : : ".-*.{11,_ffi, IiuTiirlii"lS adopted rrorn rrne^to trne';y-i;; A;;;ilii"i,-"iIlner relatins llnllirlle of, units, the o"l oi-c"nerat corr6r,--irinenrs, or
(a) -Th-ere is hereby created and granted to the owner of unit i ind. ttre-omei-ii-unrt 2 a perpe€uar nonexclu_sive access easenen-! ?rd ;-i;;r:;f-wav (rhe',uiri-4 Easenent,)for the benefit ot uniCs i-il; i rro" the elevator and adJacent stalnreli i;;;t"; iii-ti.. rou;y -or-;;i;l
throush such robby to the watxrai-1:11+;:ii-th. w.rthaven pedestrian Brrdge, as shown by cross-tritcntng on Exhibrt D attached here-to and bv this re€rence-il;;-l;art hereof (which contains a copy of a portion_o_f the Uip-"fr"irr!9.that portion of unit 4 that is located on r.evel r 3r-[[. Bulldlng). The unit 4 Ease-nent shall be a burden- on unrt-l._ rrr" o"i!i oi- inrt I and tbe ouner of unit z shaii u"-.niiirli to ,"i."ii.-init 4 Easenent avaitabte for use_b!-g; ;;;i;A"s of such orrners on such tertus and condttlgl, as nay u- imposeg rv "u.ii-oron."". Any danage or destmction to-tire-iuiii l rasrnenl'eii"". (as such tern is deflned tl.:::il:;--;11;i'i caused by etther rhe owner of unit 1or the ovner of unld i'or such oiner-i-respective
;ffi::a."s shatl ue repiir"I-it-tr," sote expense of such
(bl The Owner of Unit 4 shall be responsible for the operatioir, nainien"".i-"ia repair of the areas over whrch the unrt 4 iasenent il--.tl.ted (the 'unit 4 Easenent Areas') and sharr. narntiin-lrr!-iiit { Easenenr Areas ln a clean, safe and attracilv" Joiailron.
-26-
t
(c) The Unit 4 Easernent is subject to such reasonabre mles and regulations (of generar ipprication to those persons entitled to use the'uni€ a easeurlii areas;regardJ-ng the use of the unlt 4 Easement Areas as the owner of unit_-4.nay inpose fron tine to tine; piovia"a, iJwever, tnat the unit 4 Easement Areas sharl be opin auiini suctr tines as Unit 4 ls open for business.
(d)' The Owner of Unit 4 shall not be liable for any danages - that nay be suffered by the ormer or unii-i ;; $;owner of unit 2 o:.their respectivl pernittees resurting-iro;-the acts of-any-third partlei, other than the p"rrnitt""; ;;-..the oh'ner of unit 4, relatlng to use of the unit 4 EaseDent Areas.
(D
cl
^ (a) There is hereby created and granted to the o$tner of unit 1 a perpetuar nonexllusive ."""Jr-"asement ancl rlght-of-way (the ;unit z naJenentr) for the benefit of unit I 9v9r, across, on_and through the parking entrance and the driveway and roadway areas tocitei on uilt z-io"-trr"-prr"por"of velicurar lngresi and egress from l{esthaven orive io in"-ramp leading fron and to untt r. the unit 2 Easenent shall be a burden on unit 2. The owner of unlt r-"nirr-[i entitled to nake the unit 2 Easenent available ror use ui-t[. pernittees of such owner on er.rch ter:ms and condtii"n" ;! ;;t u" irposea by such owner. Any_ daDage-or destructron to the'runit 2 Ease-nent. Areas' (as such teru is defined rn secii.otr-zs1u1l cauila by the onner of unlt I or such ownerrs pernitttes shall be repaired at the sole e:<pense of such Owner.
(b) The Owner of Unit Z shall be responsible tgT !t: operation, naintenance and repair "i lfr.-".eas over which the unit 2 Easenent is createa ltne 'unit z-ii""r""i-Areas') and sharr naintain the unit z'ni=.*.nt-lieas in a clean, safe and attractlve condition.
(c) The Unit 2 Easement is subject to such reasonable rules. and regulations (of generar ippircation--to those -per'ons entl.tred f,o use the'uni€ z naseniii areas;
,T3?lt9r"s the use of the unit 2 Easenent Areas as the or.rner of unrE z nay impose fron tine to tine; provlded, however, that the unit 2 Easement Areas shalt be op6n fron i:oo a.n. through 11:00 p.n. every day of each calenaai. yeai
. .. (d) The Owner of Unit 2 shatl not be 1iabte for any. danages that gay be suffered by the owner of Unit I or such owner's Pernittees resurtlng iron the acts of any third parties, other than the penritteEs of the Owner of Unit Z,relatlng to use of the Unit 2 Easenent Areas.
25.Vehlcular Access Easernent.
-27 -
I o
Provision "t an ed incorpo_rated in each deed_or other instiuirent |v whicrr-inv right,title or interest. in .ny c-r,o"rini-u"-E"ii i;-;;";ied, devised
?9' - - . Each
28.General.
t
cl
or conveyed, whether or not set rorttr Ji-r"r"i""r to in such deed or other l_nstrunent; (iii-siall, Uy "iiiue-Jt """.ptance 9f any risft, title or intdreit-rn_any tonaoniniun unit by an owner' be deeroed accepted, ratitiea, iaopc"aina aecrared as a personar covenant of euch'onrer ald, as i-p"""on"r "ov"nintl
-sharl be bindinq on such ownei-ana iucrr owieirs'-ilerrsr person_aI representatiies, successors and assignsi and, shall be deened a^personar_covenant to, wrth and-i"i tiit'ueneflt of the Assoctatlon and o_f each omr""i ina, iiiii-"niii ;; deened a :::l_::""l3lt Py Dectaranr, for itserf, its successors and assrgns, and alro an equltable se)arltu&e, -rd;fG; fn-eictr E3iilriiri""Hft: wtth and upon the riu; to eicri,ana ev-ry
:::.*:{ii t' olnioS'il*il"li,'i"u the Dlstrict. Each provision-oi'trriJ-beEi."iiiii other rhan sectr'on 23 (g) sharr Be enroic"iir" by the erJJciltion or by any owner. This Declaration shall bi enfoic.iUf. uV "proceeding for a prohibittve oi-nandatory injunctloir Jr uy a suit or action to recover darnages or botlr. if court proceed-ings are instituted in ;;il;ai;i wittr the righrs or enforce-nent and remedies provided, fn ifrlfr Declaratlon, the prevail_ing party-shall Ue-entiii"a-[o-i""over Euch partyrs costs and expenses in connection therewith, incruding iJi"6n.lr"attorneys, fees.,_T1_i1.": !y it"'Town, vAI or the Dlstrict to enforce the provisions or slction 23 (i) or tailure by the Assoclatlon br any-Owner to eniorce lny of the provislons,covenants or restrictionE herein contained otrrei-ttran section 23(sl, shalr Ln no event be deened a wiivJr-"i-it. right to do so thereafter.
("J l1y portton of the General Conmon Elements $I_b:. conveyed by thl 6wneis to any person or entity other than the Ovners by a written aJcunent duly executed by all of the owners and riist f,fenois.---'
_^r- -_-,r . (U - As of the date of this Declaratlon, it is Ilot contenplated that any of the General co,nqon Erenents wilr be allocated subseguentr| ." iinrt"d connon Erenents or that Decl'arant wilr create an| aoarironal condourni,.,n-untt" uy ;::il*lon or conversio; ;i;;iiipi;ili; aii.iiines owned by
-28-
'r
a
cl
(c) _ Llsted on Exhlblt E attached hereto and by this reference uide_a part hereoi are arr recoided easenents and I'rcenses, in addit-ion to the Easenents, .pl,tit.n.nt ior-or included fn, th9 pr.operty or tJ-whicn any p"itl"" of the Property ls subJect ls oi the date of this-Declaiation.
- (dl If any of the provJ_sions of this Declara_tion.or.any seitionr.senience, clause, phrase or word, or the appllcation thereof in_any ciicunstanie-be invaiiaai.i, -i"cii-lnvatidity sharr .not arreir ah;liii.iiiv-or-lr,!-i"n.rnder of thls Dectaratl.on, and the apprtcatio"-Ji .nv-=""i pi-"r"i.",paragraph, sentence, cla,lrser-phrase or word-ln any other clrcumstances shall'not Ue ifieciea theieb
(e) Tle provlslons of thls Declaratl.on shal,l be ln addltion anci iuppreuEntai-lo--irre Act and to arl other provlsions of law.-
. (f) l{henever used herein, unless the context shall-othenrLse provide, trre stngutar nurnber sharr include the plol3f: the_pluril the iingurai;-and the use of any genater shall include all genders. -
ExEctI[ED ae of tne /oH day of , 1987.
I *11,I;::Tiii"ll*1na cororaao
By: l{ansfield, Ltd., a Colorado Lfunited partnership, General partner
By: Montane Corporation, a Colorado corporatlon,
General partner
sEAr)
sEAL)By: ConA! Vait Advisors, Inc., a California corporaiion,
-29-
srArE or C.,\oc,rAO )
n-\ \ )_l.ls1nL_couNrvsrrai
, r \ The foregqing instrument nas acknowledqed before ne this bt\ day_of Hng_, _te_82, by \n\cow N Ncnris fE as _ PresidenP of Montane corpoEETf, .nanaging general piittr"r- of ttansiield, Ltd., a colorado linited partnership, ls general partner oi vail-Ventures, Ltd., a colorado lirnlted partneiship, on behalf of such Linited partnership.
ss.
WLtness ny hand and officlal seal.
My cormisslon extrrlres:
SEAL)
^r t
6 t?olQo
or 0n\ncor\n
0;\$ an[ couNr6eor j "='
The foreqo.ing instrument was ecknowledqed before me
li:]=1\]"il"!I,M;":ffi ;,:Y;-;$isP+\ ;$ : ;
-$ *\L .lr
g:1ffi€"o"poritiol; -;-A;erh partner of vaii'vlntures,L!d:, a Colorado linited paitnershii, on behalf of suctr linited partnership.
Witness ny hand and official seal .
,t My conmission expires: 61"0/4n
SEAL)
-3 0-
't
JOTNDER BY LTENORS
The undersign-ed, as horder of indebtedness secured by a deed of trust upon-the'prop-riy covered by this Decraration,hereby-consents to ttre pr-ovr!i-n3 of this Declaration and subordinates its intereit rn iucn property to trre provisions of this Decraration in accorainc; ;itfr-;uln-p"o"I"ions.
qg 3nnfre Bavings, ButldiDg and Loaa AssocLation, a
By:tle:
o r{cl
My cornnisslon expi""", hl3of4O
Faa llsst Savinge apd EoaD AgsocLatl,on, a California corporatLon
"':) r1a1s or 0 "\onolo r
0l\\ ^,,.'\ corr'ry oF N.n,rqc I ""'
this
. Witness ny hand
(NOTARTAL SEAL)
and officLal seal .
(sEAL)
The foregoin instrunent was efore ne of , 1987 by e €tS
colorado corporatlon, on behalf of such entity.
w
-31-
fl'/- , couNTy oF b*tttpE i ""'
,-The foregoin "( day of ,il
srArE o, 4,/o?a rt, l
|Adr of Far corporation,
I{itness ny hand
sEAL)
No
My conmission expires:
(sEAL)
STATE OF
orn
,i:-i
\' i,
By:
H Fl cl
instrunent was acknowl ged , 1987 by f"ytlil'^iAffi'|"on behalf of such entity.
and official seal.
E€varly Ellls 8avLags, a federal savings and-loan association
)
). ss.
)
instrunent was
, Lg87 b
and official seal.
:erly Hilts saifrs, a behalf of such entity.
before ne
r?s savings
con+ission expires:
EvnntnA.
fJ$EILV
o tion,
-32-
'f
o
EXHTBTT A
(Attached to and for-raing a part of condoulniun Decraratron -r.gr cis-ide ciub condorniniuns,Dated 5/6 , 19Bz)
N r{ct
A part of the sw ilt IT l/ar Section t2,.Township s south,Ranse 81 r{est of the stxtii irincrfii r.r"iiatiii,-i5 " of vail,Eagle County, Colorado, described-as tofiowsi'
Beglnning at.a pol.nt on the southerly right_of_uay llne of rnterstate Hichway No. 70 wnence-.n i"""'pr"-"iir, prastic cap T:Iklls-the cEntei.of.said s""ifon 12 bears s 19.34.08, I{887.7e feet disrlnr; thence aeliitine "iid-sluff,erry rlght_of_way line s 32.09131, E l2..ge-i".tl thence N 56.48 r45r E 285'42 feet to a loint otr,.u*.i thence ze .eo-i.et arong the arc of a l0Zl.Z2 foot radius culi\re- to-the 1eft, having a :elflll-angte of 04.05,04' ana i chord tfrat-Ueirs'N 54'46tL3, E 26.39 feet; tfrence N 52.43 r4L, E igg.SS feet;thence N 32'r6'1e' r{ 148.ge i.et to- a point ; ;;ii-""iiiJirv risht-of-wav rine of rnrerst.i"-nis1r"i-N;. iii;-[rr.rr"e arong said southerrv "igl!_-?f -r"y iin"--s -s2 .30,2 s- w sib. rc feet to the point of Legrnnrng.
The Easeuent shall be eonprised of the following:
("1 A perpetual , nonexclusive easenent for the purpose of construction, insrarraii;; ;"d-;.piii.i.nt of a !:9::!:+"n brldge e-xtenilnt-J"", w."thaven Drive and connecting the southeast eiterlor walr of trre niin portlon of the-Building at.the third ;;;":Jround level with the northrdert exterior walr. of ttre-niin t-"irai"i ii-cororaao Mountal'n condouinluDs at trr. -r""ond_above-ground rever, as :Pg :l the Map, arfecttnf-tiJ-i"rrowlng descrtbed real property3
A Z foot_wide etrip of land lylng in a non_exclusive easenent for-lngress lnd egresEr-kn5wn as westnaven p5ive, recorded-in gooia-lii at nage esr in the offlce of the Eagle County, Colorad-, Clerk-and-i""ora"r, Iylng in
A-1
'f
the__sw. 1/1 NF L/I g! Section 12, Townshlp s Sourh, iange 81 l{est of the sixth_principal Merldian, Town of Vaif,--lagle County, Colorado, fying 3.5 feet 6acfr siae of the following described ceiteitfule:
B-eElnnlng.at a polnt on the southerly llne of said Westhaven Drive whence the nost northerLy corner of Condonlnl.ur Uap of Colorado l,tountain Con&oniniuns accordlng to the roap thereof recorded in Book 3g? at Page 52O of. the records of the Eagle County, Colorado,Clerk and Recorder bears N 56.48,46' E 50.7ir feet;thence N 37'09131' yf 50.12 feet to the point of ieminus on.the northerly rlne of said westhaven-Drive wrrence- --
sal.al mogt northerly corner of Condomlniuro Map of colorado Mountain condoninluns bears s go.2874g' E 73.72 feet.
The slde lines of the strlp are to be lengthened to terminate at said l{esthaven of-vay ll.nes.
shortened or Drive right-
c?r{cl (b) An easement for encroachment of certain portions of-the rmprovenents, lncluding wl.thout rrnrtitron a stalnretl
319 l" overh_ang,. onto westhav6n Drive arong-irrE-nortrrwest Dounclary of, westhaven Drive, as shown on tf,e l!ap, and affecting the following described real prop"rtyi'
_That portlon of a non-exclusive easement for ingress and egress, known as Westhaven Drive, recorded, fn 6ooi-421 at_page 651 in the office of the'Eagle County,Colorado, Clerk and Recorder, lying ln €,ne sw L/i NE 1/4 of Sectio. }2,-Township s Souttrl ninge 81 West of the sixth prlncipal.Meridiin, town 6t vail,-n"tf" counii,colorado, descrl.bed as follows: t
Beginnlng.at a polnt on the northerly line of sald l{esthaven Drl.ve whence an iron pln with-prastr--cip--
FIlclnS the Center of said Section rz Ueirs s 30.53,43,t{ 939.53 feet; thence along said, northerly tlne N 55'48'45:.E 46.39 feet; fhence departini said northerly lLne s 32.o9r3l' E lo.?9 ieet,. €hence S 52'50'29' W 46.28 feett thence N 3?.09r31r lf 14.00 feet to the point of beginning, containing 5?4 square feet, more or less.
(.) All of Declarantrs rights in the Westhaven constructLon and support Easement, is created pursuant to section 2.01 of tfrgt-_cgrtain Decliriir"n Ji-neEifi""car Easernents, dated Nil{LUWS 19g7r* atnong Declarant', CascaOe Lodge Joint Ventur-, a 6ioraeo'Jolnt'ventuit, cfic
*and counterpart dated May 20, 1987
A-2
'r
o
Ltd., a Colorado lorado llnlted partnership, and
: i$i':t'Ei'""V,$"'nillffBl"[f !n' rrs aa Eagle County, EE
A-3
of
q r{cl
Condoralnlune,
Colorado Moun recorded on
.'r
EXHTBTT B
(Attached to and formlng a part of Condonlnlun Declaratlon for Cascade CIub Condoniniuns,Dated May6 ,1982)
DESTGNAfTON OF LTMTTED COMMON ELEMENTS
An owner shall have the right to the exclusive or non-exclusive use in connon with fewer than all Owners of any other irnprovenent or property which shall be designated on tle
{.p ag 'L,ilolted Connon Elenent' or ,L.C.E.' followed by the Unit deelgnation of one or nore oirners. For exanple, Lhe Ohrner of Unit I shall have the right to the exclusive use of a Linited Cotrltnon Elenent deslgnated-as 'L.C.E. Unlt I' on the Map and thE Onners of Unlt 1 and Unit 2 shall have the right to the non-excrusl.ve use in connon of a Linited connon Elernent deslgnated as 'L.C.E. Unlts 1 & 2' on the lrtap.
n
"{el
B-1
..?. / . l'I
EXHTBIT C
(Attached to and fornlng a part of
Condonlnlun Declaration -for-Cascade Club Condominiuns,Dated l,lay6 ,199?)
TNEERESIS TN CENERAL CTI{UON ELEMENTS
PercentaEe o{rnershfp F ceneral connon Elemente Unlt Aoourtenant to the Unlt
Unlt 1 18.67t
Unlt 2 z3.6st
Unlt 3 21.43t
Unlt 4 36.25t
i,rl cl
. c-1
.'6
EXHTBTT D
(Attached to and foruing a part
Condonlnlun Declaration for Cascade Club DatedMay6 ,198?)
ot
Condorninluns,
I\d el
IOCATION OF I'NTT 4 EASET'IENT
c t___
uNlT /t
,.. t
.-. l.t tttrl
tr
D-1
0o
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EXHTBTT E
(Attached to and formlng a part of condoniniuu Decraration..fo4 cascade ciub co;dorniniuns,Dated l,lay6 ,1982)
1. Rights of way for dr.tches or canals as reserved ln united states patent reiorded August 16, t9o9 rn-g""i-ai-it page 542 of the real property recorf,s of Eigle County,Colorado.
2. Easement for lngress gnd egress as granted by document recorded January 24-, Lg78 tn go5i zis-it page 903 of lfg relf.property recordl of Eagle County, Colorado and as rerocaEed Dy document recorded January 7, 1gg5 in Book 404 at page 228 of the real property records-of Eagle County,Colorado.
3. Underground_right-of-way easement as granted by document recorded augus! 30,'1982 rn iooi-ill--it page 923 of !!e rgal plopgrty records oi ragie County, Colorado and Novemher 12r 1982 in Book 348 a€ page 661'of the rear lroperty records of Eagle County, Colorado.
4. Easement granted by document recorded January 24, I9g5 in Bgoti 109 at-iage 524 of the real property records of Eagle County, Colorad-o.
5. DeclaratLon and Grant of Easenent as set forth rn docunent recordea lugusi-e,-ises in goor lzi it page 65r of the real property records of nagie county, Colorado.
6. AlI easenents conveyed by or to Declarant pursuant to that g:ltfi" Declaration Oi RecJ.procal Easenen $::*-ry^41 -1?8?t' ;"G-;"liir""t, cascade Locrse,rolnt
pursuant to that :::tfi" Declaratton Oi RecJ.procal Ea--nents,dated *S{r 11, LggTf anong oeciirant, cascade Lodoa Jornr,-zu Y v-.. b Xlllllil ?.:?I:Fgo Joint. ientuii, c'ui a;;il;rnrrn", Lrd., a ::,*::l?^l r'1.:1, larf,nership, a{,e' cororiao -i;il;J;' c" iiii.Foundatlon, a colorado c-orp6-iatlon, ;;;;;d"e-;;- AZ5:ii l:11_"1 b?k14! pas_es tf,6r irre iear property Fecords of
reunqaEron, a coloraclo corDoration, recorded on L-11_91' ,l?8? "! b?k14! pages tf,6r irre rear property Fecords of Eagle county,-E6',Ioiado.- dh,d aos
t A^t"t 6,-VaptZ dffiJ s-2o-A1
lLDrlrt E-1
/?seay'-a (/a/
6tu"/anu"-
75 routh lronlage road
Y!ll, colorrdo 81657
(303) 476-7000 offlco of communlty dcvrlopmcnl
March 3, 1987
Mr. Andy Norris
1000 South Frontage Road lrlest
Vai1, Colorado 81657
Re: Results of the meeting on the Cascade Club condominium plat January 26, 1987 (Note: Revised letter dated February 9, 1987)
Dear Andy:
Below is a summary of our comments on the Cascade C'l ub condomjnium plat.
I. ITEM:
An explanation of how the parking structure will be contro'l led and managed is
necessary. The staff would like to have a statement explaining the number of
new owners and associated parking spaces and how this affects the number of
spaces that are allocated per use through the Special Development District.
RESPONSE:
Uni t
Lower Level Unit 1
Grd Level Unit 2 Cascade Lodge Joint 150
Ventures (the owner-
ship is divided
Vail Ventures Ltd 55%
Ilesti n Hotel 45%)
Unit 3 (lst right Vail Ventures, Ltd 149 off Westhaven Dr.)
0wnersh i p
Vajl Ventures, Ltd
Cascade Cl ub Ltd NA
General Partner is
Vail Ventures, Ltd
No. of Spaces Access
722 Shared access with Unit
2
Shared access with
Unit I
Separate ingress
and egress from Unjts I
and 2
NA Portion of Levels 3,4&5,Unit4
Level l:
Level 2:
Level 3:
Unit 'l :
Unit 2:
Cascade l,ling (8 d.u. )
Westin Hotel * Terrace (120 a.u., GRFA * Terrace ( Retai 'l 6 ,088 )* Plaza (Conf. 8,400 sf)* P'laza (Retajl 1,100 sf
16
115 59,708) 702
20
35
Phase I ) 4
16
Management
The llestin Hotel will manage this level . Thjs level satisfies the
parking requirement for the CMC/Cascade l'ling, Terrace and Plaza (guest
rooms, conference and retail). Vai'l Ventures Limited will own this
I evel .
The access will be managed by the lJestin Hotel. Thjs level will be for
hotel guests and anybody else who wishes to park on this level .
However, va1 idation privileges will only be available for hotel guests. 0thers will pay ful'l price for parking. Owner js Cascade
Lodge Joint Ventures of which Vail Ventures Limjted owns 55%.
This level is managed by Vail Ventures and js to be used by the general
public, including day skiers. Va'lidation wjll be available.
Parking Allocation
(122 spaces)
(150 spaces)
* Plaza (20 a.u.)* P1aza ( Conf . retai l
Phase II)
'l ,'140 sf
Gross No. parking spaces
Unit 3: (149 spaces)
CMC:
Clancy's (134 seats)
Cascade Theatre
Col lege Classrooms
College Office (95a sf)
Cascade C] ub:
Reta,il .. 300 sf
Bar & Restaurant (985 sf)
0ffjce in CMC (828 sf)**llel lness Center
Gross No. spaces
Total Spaces in structure
Total Al located
312
110 w
Total al'l ocated spaces with
10% reduction for mixed use
Total unal'l ocated spaces
4
req'd 312 spaces
t7
28
40
4
1
8
?
9
110
421
422
380
47
* Uses that have an asterisk will need to be verified at the time a
building perm.i t is released to get the exact parking requirement
** Assumed 9 spaces for the lr|ellness Center (not existing)
Note "Westin additions" are excluded wh'i ch were listed on the ori ginal SDD
zon'ing sheet, l8.46.089.
please review thjs parking breakdown. I come up with a djfferent total from what we
djscussed in the meeting ilthough you still have 41 unallocated spaces. Please let
me know if you have any corrections to these numbers-
ITEM:
Staff will require a written stipulation on the condominium map that ensures
that the parking required by the special development district for the various
uses jn the project will be-available to users. The staff js suggesting the
followjng wording:
RESPONSE:
This condominiumjzation is for ownership purposes only and sha'l I not
effect the zon.i ng and use of the parking spaces which'i s set forth by
Special Developmlnt Distri ct 4 established by ordinance No' 20, Series
of 1984, as amended by the Town of Vajl.
ITEM:
From your condominjum declarations, I am unable to determine if landscaping,
drajnige and sidewalks are included as general common elements which wjll
maintained by the condomjnium association. I would like a final copy of the
condominjum documents to assure there are maintenance provisions included for
all commonly owned areas which should include landscaping, drainage and
s'i dewal ks.
RESPONSE:
At our meeting, you agreed that a maintenance provision would be
included in the declarations.
ITEM:
*r"rarjan brjdge connecting CMC to the Cascade Village park'i ng structure
is nbt mentioned in the condominium declarations or shown on the condominium
map. The bridge should be indjcated on the map by a dotted fine. At one
tjme, there was aiscussion of an air easement for the bridge's encroachment
over the access and utjlity easement on Westhaven Drive. I don't remember
this easement ever being completed. I will search through the Cascade
Village files to make sure that we do not have a copy of the agreement. If
the agreement was never completed, the ajr easement should be finaljzed at
this time.
2.
?
4.
RESPONSE:
You stated that you would provide a separate drawing for the pedestrian
bridge and an air easement. l.le decjded that Westhaven Road would be
dedicated when Cascade Village is completed.
5. ITEM:
Staff would like an explanation of how the condominium effects the U.S.
Forest Service's requirement that you prov'ide 125 spaces for day skiers.
lde were unaware of this requirement until just this morning when we
received a memo from the Forest Service updating the staff on ski area
_improvements.
RESPONSE:
You agreed to provide a deed restriction that Level 3 would be
used as public parking and could not be used for any residential
parking requirements.
6. ITEM:
A copy of the completed condominium declarations for the project is
necessary.
RESPONSE:
l.Jill be submitted.
7 . ITEM:
A completed application form signed by the appropriate owner and a check for $100 to cover the costs of reviewing the condominium plat should be
submi tted.
RESPONSE:
l,li I I be submi tted.
8. ITEM:
Three copies, two of which must be my1 ars, should be submitted.
RESPONSE:
t{i I 1 be submi tted.
Pl ease let me know if any of thjs jnformation is inaccurate and I can revise
the summary. I wjll wait to rewrjte the zoning sheet for SDD4 until you
resubmit with the amendments for the entire SDD this summer. Thanks again for
meeting with us to clear up sone of these questions.
Sirnc;relVr.'
1
^v --t lt .l^-l\Nrr+n ^ Uh4 |t\lltt41 lll llt--'Kristan Priti\
Town Planner
i \
:J
i
.,.i
'....,.,. L-i-r)
75 south frontage road
Yall, colorado 81657
(3O3) 476-7000 ottlce ol communlty develoPmenl
February 9, 1987
Mr. Andy Norrjs
1000 South Frontage Road I'lest
Vai1, Colorado 81657
Re: Results of the meeting on the Cascade Club condominium plat January 26, 1987
Dear Andy:
Below is a summary of our comments on the Cascade Club condominium plat.
I. ITEM:
An explanation of how the parking structure will be control'l ed and managed is
necessary. The staff would like to have a statement explaining the number of
new owners and associated parking spaces and how this affects the nrmber of
spaces that are allocated per use through the Special Development District.
RESPONSE:
,o
No. of
Spaces
722
Grd Level Unit 2 Cascade Lodge Joint 150
Ventures (the owner- \-
ship is divided :AfU
Vai I Ventures Ltd 55%
Westin Hotel 45%)
Unit 3 (lst right Vai l Ventures, Ltd 149
off Westhaven Dr.)
Uni t
Lower Level Unit I
Portion of Levels 3,4&5,Unit4
Ownershi p
Vail Ventures, Ltd
Cascade Cl ub Ltd
General Partner is
Shared access with
Unit I
Access
Shared access with Unit
2
Separate ingress
and egress from Units l
and ?
NA
Vail Venlgres, Ltd
NA
/1
Management
)
t'r,tt'',', t !" I "'L
\po.
Level
LUtqh"^ lL,>rt_ ,/ a l/++-l-l4entrireilltdl*ffit manase thif evel.l @a it ,**t",ll(furlf# r manase th: /eveL @ d QJ.#a
fa+ween Vail Venfrrr"as and thc lessaes. @i1)-r)Vl-nlf
.ceeu+.- This level satisfies the oarkind reo
CMC/Cascade I{ino- Terrace and plaza,l>\?^#CMC/Cascade Wing, Terrace and VlazarffitTou^.a el ,<.li!,o^t^ |3, I tiir-
Level 2:The access will be managed by the llestjn Hotel. This |evel will be for
hotel guests and anybody else who wishep. to park on this level .nore I guesEs ano anyooqy etse wno wrsneF_ Eo parK on rnrs rever.
l?Ti"::' ^5 ":l :d :: i: l - lflyll.qtr'4JJ "* l":l I "li ", Jl#ffi_ - ;d,;]$;f ts C-eultbd1e rV ef u'h'$tvt-
This Ventures and is to be used by the general
Validation wiII be avaiIable.pubf ic, including day skiers.
Parki ng A'l I ocati on
u9
Unit l:
Un it 2:
( 122 spaces )(150 spaces)
(149 spaces)
(13a seats)$.
Theatre
Cl assrooms
0ffice (954 sf)
312 soaces
*
tr
*
*
J<
*
Cascade I'ling (8 d.u. )
Westin Hotel
Terrace (120 a.u., GRFA 59,708)
Terrace (Retail 6,088)
Plaza (C0nf.8,400 sf)
Plaza (Retail .l,.l00 sf Phase I)
Plaza (20 a.u.)
Plaza (Conf.retail .|,.l40 sf
Phase I I )
Gross No. parking spaces req'd
16
rtf,
702
?0
35
4
16
4
Unit 3:
CMC:
C1 ancy' s
Cascade
Co1 l ege
Col l ege
17
28
40
4
Cascade Club:
Retai I 300 sf
Bar & Restaurant (985 sf)
Office in CMC (828 sf)
**!rlel I ness Center
Gross No. spaces
Total Spaces in structure
Total Al I ocated
JLI
110
422
Total allocated spaces with
10% reduction for mixed use
Total unallocated soaces
1
9
110
42L
4?2
380
ffi
4l
* Uses that have an asterisk will need to be verified at the time a
building permit is released to get the exact parking requirement
** Assumed 9 spaces for the l{ellness Center (not existing)
Note "!'lestin additions" are excluded which were listed on the original SDO
zoning sheet, 18.46.089.
Please review this parking breakdown. I come up with a different total from what we
discussed in the meeting although you still have 41 unallocated spaces. Please let
me know if you have any corrections to these numbers.
ITEM:
Staff will require a written stipulatjon on the condominium map that ensures
that the parking required by the special development district for the various
uses in the project will be available to users. The staff is suggesting the
fol1owing wording:
RESPONSE:
This condominiumization js for ownership purposes only and shall not
effect the zoning and use of the parking spaces which is set forth by
Speciat Development District 4 established by Ordinance No. 20, Serjes
of 1984, as amended by the Town of Vail.
ITEI'I:
From your condominjum declarations, I am unable to determine if landscaping,
drainage and sidewalks are included as general common elements which will be
majntained by the condominium association. I would like a final copy of the
condominium documents to assure there are maintenance provis'i ons inc'l uded for all commonly owned areas which should include landscaping, drainage and
si dewa'l ks.
RESPONSE:
At our meeting, you agreed that a majntenance provision would be
included in the declarations.
4. ITEM:
The pedestrian bridge connecting CMC to the Cascade Vjllage parking structure
is not mentioned in the condominium declarations or shown on the condominium
map. The brjdge shou] d be indicated on the map by a dotted line. At one
time, there was discussion of an air easement for the brjdge's encroachment
over the access and utility easement on Westhaven Drive. I don't remember
this easement ever being completed. I wjll search through the Cascade
Village files to make sure that we do not have a copy of the agreement. If
the agreement was never completed, the ajr easement should be fjnalized at
this time.
z.
3.
RESPONSE:
You stated that you would provide a separate drawing for the pedestrian
bridge and an air easement. l.le decided that Westhaven Road would be
dedicated when Cascade Vi1lage is comp'l eted.
5. ITEM:
Staff would like an explanation of how the condominium effects the U.S.
Forest Service's requ'i rement that you prov'ide 125 spaces for day sk'iers.
l'le were unaware of this requ'i rement until just this morning when we
received a memo from the Forest Service updating the staff on ski area
improvements.
RESPONSE:
You agreed to provide a deed restriction that Level 3 would be
used as public parking and could not be used for any residential
parking requirements.
6. ITEM:
A copy of the comp] eted condominium declarations for the proiect is
necessary.
RESPONSE:
l{i I I be submi tted.
7 . ITEM:
A completed application form signed by the appropriate owner and a check
for $100 to cover the costs of reviewing the condominium plat should be
submi tted.
RESPONSE:
l.lill be submitted.
8. ITEM:
Three cop'ies, two of which must be mylars, should be submitted'
RESPONSE:
t,Jill be submitted.
Please let me know if any of this information is inaccurate and I can revise
the surmary. I will wait to rewrjte the zoning sheet for SDD4 until you
resubmit with the amendments for the entire SDD this summer. Thanks again for
meeting with us to clear up some of these quest'i ons.
Si nqere16,1 tl I l/ I v_,.,v. - Y".in
T\l\fl(1ut 11
Kristan Pritz
Town Planner
Ownersh i p
Vail Ventures, Ltd
Cascade Club Ltd NA
General Partner is
Vail Ventures, Ltd
55% ownership
ffiA
oftlce of communlly deYclopment
Access
Shared access with Unit
2
Shared access with
Unit I
Separate ingress
and egress from Units 'l
and 2
NA
75 3outh lronlag€ road
vall, colorado 81657
(303) 476-7000
No. of
Spaces
122
il//L'rt?,fi
February 9, 1987
Mr. Andy Norris
1000 South Frontage Road l,lest
Vai I , Col orado 8]657
Re: Results of the meeting on the Cascade Club condominium plat January 26, 1987
Dear Andy:
Below is a summary of our comments on the Cascade Club condominium plat.
I. ITEM:
An explanation of how the parking structure will be controlled and managed is
necessary. The staff wou'l d like to have a statement explain'i ng the number of
new owners and associated parking spaces and how this affects the number of
spaces that are allocated per use through the Special Development District.
RESPONSE:
Unit
Lower Level Unit I
Grd Level Unit 2
Portion of Levels 3,4&5,Unit4
Cascade Lodge Joint 150
Ventures (the owner-
shjp is djvjded
Vail Ventures Ltd 55%
Uestjn Hotel 45%)
Unit 3 (lst right Vail Ventures, Ltd 149
off Westhaven Dr.)
Level l:
Level 2:
Level 3:
Management
Vail Ventures, Ltd. will manage this level . A lease wjll be arranged
between Vail Ventures and the lessees. No ownership change will occur. This level satisfies the parking requirement for the
CMC/Cascade }Jing, Terrace and Plaza.
The access will be managed by the Westin Hotel. This level will be for hotel guests and anybody else who wishes to park on this level .
However, no validation privileges will be available (i.e. full price will be paid for parking).
This level is managed by Vaj'l Ventures and is to be used by the general public, including day skiers. Validation will be available.
Parkjng Allocation
(122 spaces)
(1.50 spaces)
*
*
*
*
*
:t
Unit 'l :
Un'it 2:
Cascade l.|jng (8 d.u.)
Westin Hotel
Terrace (120 a.u., GRFA
Terrace (Retail 6,088)
Plaza (Conf.8,400 sf)
Plaza (Retail l,'100 sf
Plaza (20 a.u.)
PIaza (Conf.retail
Phase II)1,140 sf
Gross No. parking spaces req'd 312 spaces
Unit 3:
CMC:
(149 spaces)
Clancyrs (134 seats)
Cascade Theatre
College Classrooms
College Offjce (95a sf)
Cascade Club:Retail 300 sf
Bar & Restaurant (985 sf)0ffice in CMC (828 sf)
**We] I ness Center
16
115 59,708) t02
20
35
Phase I ) C
16
77
28
40
4
I
8
3
9
Gross No. spaces
Tota] Spaces jn structure
Total Al located
372
110
nz.
Total allocated spaces wjth
10% reduction for mixed use
Total unal'l ocated spaces
110
427
422
380
41.
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uo11e1nd11s uaX IJM e allnbal tt!^,t 1JEIS
:I{3II 'z
'sJaqunu esaql ol suorlf,aJJof fue enpq no/t Jl i,loul au leI espeld'saJpds pale]ottpun Tt e^pq [191s no,f q6noql 1e 6u11aau eq? u! pessnJslp
ail lpqil uoJJ lplol lualaJJlp p qltM dn aulof, J .uiloplperq 6u11red slql ^/te!^al aspald
'690'9t'gL'Xaaqs 6uluoz gg5 1eu161.10 aql uo pa?slt aJaM ql!r.l^t papn[Jxa aJp,,suo!l!ppp ullsailr aloN
(6u11s1xa 1ou) .la1ua3 ssaulefi aql roJ sa:eds 6 peunssv ,,*
lueuallnba.r DullJEd lf,pxe eq? 1a6 o1 paspalal sr lrurad 6u1p11nq
E aull aq? ?P palllJa^ eq 01 peau [[!^/r lslJalsp up a^pq lpql sasn x
RESPONSE:
You stated that you would provide a separate drawing for the pedestrian
bridge and an air easement. We decided that Westhaven Road would be
dedicated when Cascade Viilage is completed.
ITEM:
Staff would like an explanation of how the condominium effects the U.S.
Forest Service's requirement that you provide 125 spaces for day skiers.
l{e were unaware of th'is requirement until just this morning when we
received a memo from the Forest Service updating the staff on ski area
improvements.
RESPONSE:
You agreed to provide a deed restrjction that Level 3 would be
used as public parking and could not be used for any residential
parking requirements.
ITEM:
A copy of the completed condominium declaratjons for the project is
necessary.
RESPONSE:
t,lill be submitted.
ITEM:
A completed application form signed by the appropriate owner and a check for $100 to cover the costs of reviewing the condominium plat should be
submi tted.
RESPONSE:
tlli 'l 'l be submi tted.
8. ITEM:
Three copies, two of which must be mylars, should be submitted.
RESPONSE:
l{itl be submitted.
Please let me know if any of this information is inaccurate and I can revise
the summary. I will wajt to rewrite the zoning sheet for SDD4 until you
resubmit with the amendments for the entire SDD this summer. Thanks again for
meeting with us to clear up some of these questions.
5.
6.
7.
Si nqerelg,g
{'i#onYdro Kristan Pritz
Town P'lanner
..l ORDINANCE NO. 20
(Series of 1984)
AN ORDINANCE COMPREHENSIVELY AMENDING
SPECIAL DEVELOPMENT DISTRICT 4
t'lHEREAs, the developer of the cascade village portion of special Development
District 4 has requested a number of amendments to the approved development plan
and ordinance regulating Special Development District 4 which ahanges it,s substance;
WHEREAS' the proposal represents a significant private sector contribution toward
implementation of numerous policies ccrntained within the community Action p.l an;
and
WHEREAS, the vail Town council finds the amendments proposed are a positive com-
munity benefit, and
I'IHEREAS' the Planning and Environmental conrmission has recormended to the Town
Council the adoption of this ordinance:
NOI,I' THEREFORE, BE IT ORDAINED BY THE TO}IN COUNCIL OF THE TOltlN OF VAIL, COLORADO,
THAT:
Section l
e ry,*Z A,
A,-^-;z l/r/f4
/*"ra-L r-
18.46.010
18 .46 .020
18 .46 .030
18 .46 .040
18 .46 .050
18.46.060
18 .46 . 070
18 .46 . 080
18.46 .090
18.46 . 100
18 .46 . 120
18.46 .140
18.46.160
18 .46 . 170
t8 .46 . 180
18 .46 . 190
18.46.200
18.46.210
t8.46.229
6/14/84
SPECIAL DEVELOPMENT DISTRICT 4
:
PURPOSE.
ESTABLISHED.
DEVELOPMENT PLAN-REQUIRED-APPROVAL PROCEDURE.
DEVELOPMENT PLAN-COI,ITENTS. -
.
PERMITTED USES.
CONDITIONAL USES (AS PER CHAPTER 18.60 OF THE ZONING CODE).ACCESSORY USES.
DENSITY.DWELLING UNITS.
DEVELOPMENT STANDARDS.
SETBACKS.
HEIGHT.
COVERAGE.
LANDSCAPI NG.
PARKI NG .
!!91_E4rl0N AMENrrrEs TAX AssEssED.
lglllBy4lloN AND poLLUrron coNiiois.
RECREATIONAL AMENITIES
ADDITIONAL AMENITIES.
EMPLOYEE HOUSTNG.
o
I
18.46.010 PURPoSE
. -Special development district 4 is established to ensure comprehensive
development and use of an area in a manner that lvill be harmonious with the general character of the town, provide adequate Open space and recreational amenities, and,promote the objectives of the ioning ordinance
AND COMMUNITY ACTI0N PLAN FOcus 1985. special development dis[rict 4 is created to ensure that the development density will be relatively'low and suitable for the area and the vicinity in which it is sjtuated, the develop-ment is regarded as complementar.y to the town by the town couniil and the planning commission, and because there are significant aspects of the spicial
development which cannot be satisfied through the imposition of standar.u zoning distrjcts on the area.
18.46.020 ESTABLISHED
A._ Specia'l development district 4 is established for the development on a parce'l qf. .!g|d compris'ing-92.955 acres qq morq particularly-de^s_qribed in the attached Exhibit A. Special Development Disticit'4 ini:ifr'e'vr.y5b acres may be ref,erned rto ds 'f,SDD4.'1 .
B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the fo] 'lowing approximate size:
i'.-
I/
(
Area Known As
Cascade Village
Coldstream Condominiums
Glen Lyon Duplex Lots
Glen Lyon Office Bldg.
Dedicated Open Space
Roads
DeveloPment Area
A
B
c
D
Acreage
17. 955
4.00
29.10
1.8
40.4
4.7
97.955
,
'F-'t
':,1
I
18.46.030 DEVELOPMENT PLAN-REQUIRED-APPROVAL PROCEDURE.
A. Before the owner cormences site preparation, building construction or other improvements w'ithin SD4, there sha]l be an approved development plan for sD4. Development of sD4 may be phased by develooment area and within'
development area, but a sufficient amount of information sha't 1 be supplied with respect to all-development areas in order to allow the ptanning cornniision
and town council to ensure the compatability of any profosed d6velopment plan with the remainder of SD4.
. B. Each development area with the exception of development area D shall be subject to a single development plan. Development area b sha'l I be required only to go through the design review process.
q. A proposed_ development pl an for sD4 shall be submjtted to the zoning administrator who shall refer.the.development plan to the planning commissioi
and to,the design review board, which shal'l consider the pian at i regularly
scheduled meeting, and a report of. the planning conanission setting foith its findings and recorrnendations shall be transmitted to the town-council in accordance with the applicable provisions of Chapter 19.66.
-,;,
(
. Upon rece'ipt of the proposed deveiopment plan and planning
commission report, the town council shall determjnb whether'the p'l in is acceptable to the town in accordance with the applicable prov.i sibns of Section 18.66.150 and 18.66.160. This determiniiion by-the town councit shail be made through its enactment of a resolution which iniorporates the develop-ment plan as an official Town of Vail document.
- F: .The_approved development plan shail be used as the principal guide f9f gl1 development within sD4. Amendments to an approved dbvelopment-plan yltii! 9q not change its substance may be approved Uv'ttre PLANNING AND
ENVIRONMENTAL COMMISSION IN ACCORDANCE t,llTiI'SECTION 18.66.060 - 18.66.100 OF THE VAIL MUNICIPAL CODE. Each phase of developrnent shall requ.iri, prior to issuance of building permits, approval of the design ieview board in accordance
wi th app'licaUl e provi i i ons of Ciripter 1g.52 .
18.46.040 DEVELOPMENT PLAN- CONTENTS.
- __ Tl," proposed development plan shall include, but is not limited to the fol lowing data:
A. -A complete environmental impact report submitted in accordance with Chapter 18.56.
" . 9: .Existing contours having contour intervals of not more than five (5)feet'rt-the_average slope of the site is twenty percent or less with contour'intervals of not more than ten (10) feet if th! bverage slope of the site is greater. than twenty percent. EXisting and proposed c6ntouri after grading for each phase.
^... c: A conceptual site p1an, at a scale not smaller than one inch equals trrty teet' showing the locations and dimensions of all buj ldings and structures with the exception of single-family and two-family structures,uses therein, and a1'l principal site-development features, sirch as landsiaped areas' recreational facil'i ties, pedestrian plazas and waliways, service entries, driveways, and off-street and loading areas.
-D._ A conceptua'l landscape plan, at a scale not smaller than one inch equals,fifty feet, showjng existing iandscape features to be retained or removed, and. showing,. proposed landscaping and landscaped site development features such as outdoor recreationat iacitities, bicylle paths, trails,pedestrian plazas and walkways, water features and ot-her elements.
-. E. Preliminary building sections and floor plans at a sca'le not smaller than one inch equal9 twenty feet, in sufficient abtait to determine floor area,gross residential floor area, general uses withjn the buildings, and the general scale and appearance oi the proposed development for 6aitr development
area.
F. A proposed plan of parking, loading, traffic circu]ation, and transit faci.lities; and a proposed program for satiifying traffic and transportation
needs generated by the project.
G. A volumetric model at a scale not smaller than one inch equals fifty feet'.portraying the scale and relationships of the proposed development to -
the site and illustrating the form and mass of the proposed buj]dini]s for
development areas A, B and D.
,..rl#j
C
' H. A_proposed program indicating order of construction phases, trans-^ portation faci li ties, and recreational amenities.
I.. A proposal reg_arding the dedication to the town or private owner-
:hiP and maintenance of that portion of the development area'within the one-hundred year floodplain of Gore Creek. In the eveht the one-hundred year floodplain is not dedicated to the town, such lands shall be subjeit to a right of public access to Gore Creek and the right to use a portion of the lands for a-bicycle path, and for park purposes provided tfrai-ttre-iocation and use of the facilities and access shall be determined by mutual agreement between the town and the owner of the development areai involvedl
18.46.050 PERMITTED USES.
Single-fam'i1y residential dwell.ing-shal1 be permitted uses in development area D.. Two.fam'ity 9y.]1ings, residential c'lustei dwe'l1ings, and multipi; -
family dwellings shall be permitted uses in development a"6ui n inJ-g.Professional offices and business offices, with a total gross tloor area not to exceed thirteen thousand square feet, shalI be perrnitied use in development area D.
18.46.050 C0NDITIONAL USES ( AS PER CHAPTER 18.60 OF THE ZoNING CODE).
A. MAJOR ARCADES WITH NO FRONTAGE ON ANY PUBLIC WAY, STREET, l.lALKhlAY
OR MALL AREA.
B. PUBLIC PARK AND RECREATIONAL FACILITIES.r L c. sKI LrFTs.
18.46.065 oFFICE USE
NO PROFESSIONAL OR BUSINESS OFFICE SHALL BE LOCATED ON STREET LEVEL 0R FrRST_Flggf (A! DEFTNED rN SECTT0N 18.24.030(A) Op rHE Z0NTNG C0DE'--IN AREA A UNLESS IT IS CLEARLY ACCESSORY TO A LOOET ON EDUCATIONAL
INSTITUTION.
18.46.070 ACCESSoRY USES
A. The following accessory uses sha'll be permitted in deve'lopment areas A, B and C:
1. Home occupat'ions, subject to issuance of a home occupations pgr!!t in accordance with the provisions of Sections 1g.5g.130 through 18.58.190;
2- Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation tirereoi.
3. Attached garages or carports, private greenhouses, swimminq pools, tennis courts, patios, or other.recreational facitittes customarily incidental to perm'itted residentia'l uses.
(
-;,
7)
B. The following accessory uses shall be permitted in devslopment area C only:
, Attached garages or carports, private greenhouses,
tennis courts, patios, or other recreationil facilities incidental to permitted residential uses.
C. In addition, the fo]lowing accessory uses shal'l development areas A and B:
- -Swimming pools, tennis courts, patios, or other facilities customarily incidental lo permitted or
necessary to the operation thereof.
D. The following accessory use shall be permitted
Minor arcade (0rd G, 19gZ).
18.46.080 DENSITY-DWELLING UNITS
The number of dwel 1 i ng uni ts sha'l 't not exceed the fol l ow.ing :
..-.._9g.yelgpment Area A, Tl,lO HUNDRED EIGHTY sEVEN DWELLING uNITs TOTAL
I4IIlalMr WITH A-MINITIM 0F 30s ACC0MMODATIoN ur'trrs AND t4nXrMUM 0F it34
DWELLING UNITS AS DTFINED BY THE iAELE_BEIOW;
Development Area B, sixty-five units;
Development Area C, one hundred four units.
18.46.081 DENSITY-FLOOR AREA
The gross residential f'l oor area of all buildings jn each developnent area shall not exceed .3S GRFA in area A, which is i maximum of Zgl,i2l
lquare feet' sixty five thousand square feet GRFA in area B, and .zs GRFA for the first fifteen thousand square feet of site area, plus not more than .10 GRFA shall be permitted'for each square foot oi iite area over fifteen thousand not to exceed thirty thousand square feet of site area;plus not more than .05 square feet oi GRFA for each square foot of site area over thirty thousand square feet in area C.
. _-In Area C, any site containing two dwel'l ing units, one of the units shall not exceed 40% of the allowable total gr6ss residentia'l floor area
(GRFA).
18.46.082 C0MMERCIAL SQUARE FooTAGE
" Area A shall contal'n a maximum of 37,000 square feet of cormercial (retail, office, theater and restaurant)'as defined in the table in
Section 18.46.089.
swirming pools,
customari ly
be pennitted in
recreationa'l .
conditional uses, and
'in Development Area A:
(
a
AS REVISED
GRFA SEATS
l5,870
(sr;
COI'|I,IERCIAL
3,111
4,220
6,399
l9,000
1,025
945
2,160
a
PROJECT
18.46.089 COMPUTER PRINT.OUT TABLE
ACCO]4 DI{ELLING
UNITS UNITS SF
COMPLETED PROJECTS l,ti-nffiAT-
Millrace II
llestln Hotel (Z/unit) : 143
Al fredo 's
Cafe Little Shop
Pepi Sports
CMC Building
Cascade t{ing (2/unit)
Compass Rose
Cascade Theater
Co1 I ege-Cl assrooms
Col l ege-0ffi ce
Meeting Room 2J
PROPOSED PROJECTS _ Eaffi'menTondos-( Temace Wing \ Guest Rooms (Zlunit) LZO
Retai I
Plaza 8ui'lding
Guest Rooms (2lunitl 40
Condominiums
Retai I /Offi ce
Conference Faci'l . -Net ilillrace III llillrace IV
lilansfleld Village Condos
Westin Additions
Retal I -Accessory
Cafe Expansion
Rumours Expansion
Cascade Club
Retai I -Accessory
Restaurant
Offices-!Jel I ness Center
Cascade Court
Retai I -Skier Accessory
Guest Services
l6
t4
20,000 20,000 17,534 17,534
55,457
PARKING REOM.
N6fr:S[C]$tFuc
28
25 .:. 115
50
,' 103
2L
33
30
63
.^40 8 "'-16 | '
84
104
74 I
80
275
319
,8
1,250
2,200
l5,870
3,111
4,220
4,792
879
I ,387
22,500
55,000.
6,399
19,333
19,500
'"19,500 ,'9,500
.6,500
" 11,200 ,
49,227
900
22,500
55,000
l8'333
1 9, 500
6,500
I I ,200 '49,227
'16
'8
28
40
4
15
633
3
8
45
I,025
945
2,160
2,000
2,000
280,053 291,121
C
308 * 2 134
=154
211 522 36,860
(mlnus 66 (multiple
. use) 12.5%l =' 456'requirenrent. '5
'.,i.;.:;t, ,
I,493
I )e,ah rln, rc u I r t /' illt u t sJit'L l. L t rl.
rw 25, L984
Peter PatLsr, Tornn of \hil
Andy Norris
Developrrent Prograrns for retail facilitjes at Cascade Village
rRONl:
BAG(GROUM
Fror:r dre earliest der,elopnent plarming in 1979-1979, it has always
been d:re objective Lo create a selflconLaGed cornn-rritz at Cascade Viilaee.
consequently, plans included a conplete hoteL facility, restaurants, spoits facilities, residsrtial condominiu-rrs, and linlted retiil facilities: rn-itiarly, it was exoectcd that the lrotel would be able to ac|ieve adeqr:ate
economic results based r-pon the transisrt g,rest rnarket in Vai1.
The operience at the Westin Hotel (and otl.rer conparable properties)
has made it clear that the transient nurket is inad.equate and r.uch mo
sensonal_to srpport fu1l service, first-c1 ass hotels. Consequently, rp to 6A7" 9! occr-pqncy nn:st be attracted from the grotp br:sine"s nn klts.-
To prowide dre facilities that will etrable the Irestjn to cornrete vritl:r trotels throughout the naticrn, sone r'.ndi.tications to the renaining develop-
rpnt_ Progran at cascade village are necessary. These changes are requlred in three areas: 1) gr-Lest roons, 2) neeting iacilities, ur,e:) retaii.
GTJEST ROOI6
_--- Initially, th. Itrotel was prograr.r,ed to include 150 ty-pical hotel roors (400 sq. ft.), ph:s exclusive nurnger'.vrt o!€r an addi-tior-ni 62 condominitrn tr-rits, each containing 3 bedroors, kitchenette, fireplace, and parlor. At coupletion, d:re developumrt r,oould prowide a lrotel \dth 336 'keyi", plus
62 parlors. This rnix was believed to be optirrun for what was bpeci:ed to be a guest profile tlrat included a significant proportion of families.Ihe condoniniuns in the Ct'C Building \^/ere ccrnstnrcted to accor,rmdate tlr:is progran.
rlre radicat cranges in the nerket that occurred in the early 1980's requi:ed a re-evaluation of the guest room program. corporate neetings and
sernjnars becane the rnost fuportant rnarket tlut could appreciate srd afford vail. veSl_ few faraily-oriaited guesL roorn sr:-ites would be required in the future, "lq-yg!'r corpbrare neetings ty-oically invoh,e spousesi so a higlr
qercent of dor:ble-oc-r.parLcy is reatizbd. T:re Euest roon epansion pro[ram
for_ cascade v-i11age/westin- bas been dlanged to adopt to ths corporace grour.)unrket. condonriniuntype rnits, including kitchens, are being ieplaced by-
over-sized Qpical guest roornsr, including rnet bars, refrigerators, and balconies. For conpetitive purposes, a limited nunber of-fireplaces (18)in tlre suites are requested (according to actual Westin operiences, avail-
,ll()nt ut? 0nlxn ti()n,
o
!t\Y 25 19Ay PEiER PAITn'l PAGE 2
abiliry of guest rcrcn fireplaces is crne of Lhree rnst fu'-portart reqr:ests by
corporate neeti-ng pla:ners boohixE dtring w-inter nnnths). At co;pletion,a total of 16C additiornl guest roor.E vriLl be added to the extsting l3C.
I"MTIi{G FACILITTIS
The il-i-tial marliet progran for Cre llotel en:ticipated a linited reqrrire-
nent for ceetjng facilities. The facilities within tne C.f Buitclilg could
be str-ared with the College and could adequately srpport a limited arbtu-rt of grotp br:siness. For reasons nsrtioned earlier, the liotel has been recu-ired to aggressive1y pror.nte tire gror-p r,urkets. The existrng GC facilities are
inadeqr:ate as to size, access, and quality of fumishings. Accordin3ly, a
u'njor conference facilitr/ has beer plarned for the Plaza Buildirrg. In
addition, tpgradlng of the C'C facilities r,ril1 occtrr in tlrc sr.nr'-ier of 1934.'fue PLaza facilities ',ri11 enphasize neetings ratirer than banquets. Detail-
ing includes rich finishes, audio-wisr:al eo,uipr.rsrt, and convqlisrce f-or
the coruferences. A "finish" kitchen will be lnc1uded, althor.rglr food pro-
dtrction r'rill be prowideC by the l.,testjn's central hitclten.
RETAIL
A very jrportant criterla citcci by nEeting planncrs in selccting a
resort/nEeting hotel is availabiliry of conplete reta-il facilities. Ttris
requirenent recognizes the hi,';r percent of slor:ses attendirq these n'eetir:gs.
To fulfill Lhis requirsr€1-rt, it is necessary to l-rave a sufficient arrcunt of retail to attract a certain diversity and quality of nerchandise. It is I
also i-nportant tirat the developer contr:ol Cre leases to ils'ure year- ror.nd
operatiors and oualiry,
Tl're rewised retail progre['.r at Cascade Village is to not adC additiornl
fu11-service restaurants or general retail, but raCrer a sna11, carcfi:11y
desip5red siropping facility, prowidirqg specialry procl:cts for the Stest and residsrt of Cascade Village. Shops gorerally felt to be appropriate to
th-is concept incluCe: bookstore, art gallery, rni.ne arrd liquor, specialfy
delicatessen, leather gpods, and gifts. I^lidr Pepi Sports already in p1ace,
no additional need for sportirg goods or sportswear is exnected
Exclusive of llotel and Cascade Club accessory uses, SDD4 included
addltional retail/restarsant of 2L,700 sq. ft. Ttre rewised retail progran
prowides a total of 33,770 sq. ft. of r,1-rich 2,160 sq. ft. could be included
as \€llness Center offices in the Cascade Cltrb. The 19,000 gross square feet to be included in the Plaza Building is considered by llalcyon, Ltd.,
an internatiornlly recognized retail consulting firrn, to be the rtrininl!.il
area necessalT to slpport a slrccesszu albeit limited retail facility. A
portion of the space rcay be allocated to snall offices, srrch a trar,el
agsrcy, real estate, and properry rlanagqlslt,
As originally pro;yar'-ted, the conrrercial actiwities of Cascade Village
are designed to sr:pport a 340 rocnr hotel and approxirnately 165 residential rnits (ilcludirg Coldsrrean).
?=2
DEVELOPMENT CONTROLS
Original Parcel
Robbins Parcel
Cosgriff Parcel
rc.od
1.23
1.045
'17. 955
Uni ts l6 d.u./Acre
252
19.68
16.72
288.4
256,437 ,
18,752
15,932
291,121
18.46.090 DEVELOPMENT STANDARDS
The development standards set out in Sections 18.46.100 through 1g.46.210 are approve! by the town council. These standards shall be incorp6rated into the approved development plan pertinent to each developmeni arei io protect the integritq of llte development of SD4. They are minimum devetopment standards and shall apply unless more restriciive standards are iircorporated in the approved development plan which is adopted by the town councjl.
18.46.100 SETBACKS
Required setbacks shall be as indicated in each deve)opment plan with a minimum setback on the periphery of the property of not lesi than'twenty feet,
WITH THE EXCEPTI0N THAT THE'sET-BAcK nrquinrMiniADJAcENT T0 THE pARKTNG srnuCiunEZ ATHLETIC CLUB BUILDING SHALL BE TWO FEET As APPROVED ON FEBRUARY 8, I982 BY
THE PLANNING AND ENVIRONMENTAL COMMISSION.(L 18.46.120 HETGHT
IN AREA A, THE MXIMUM HEIGHT FOR THE FOLLOWING BUILDINGS SHALL BE 71 FEET:
WESTIN HOTEL, CMC/LEARNING CENTER, TERRACE t^lING, PARKING STRUCTURE/ATHLETIC
CLUB, PLAZA BUILDING. THE REMATNDER OF BUILDINGS IN AREA A SHALL HAVE A
MAXIMUM HEIGHT OF 48 FEET.
IN AREA B, THE MAXIMUM HEIGHT SHALL BE 48 FEET. IN AREA C, THE MAXIMUM
HEIGHT SHALL BE 33 FEET. IN AREA D, THE MAXIMUM HEIGHT SHALL BE 38 FEET.
HEIGHT SHALL BE AS DEFINED IN SECTIoN 18.04.170 0F THE VAIL MUNICIPAL C0DE. ,..,r
t
18.46.140 CoVEMGE
In areas A and B, no more than thirty-five percent of the total site area shall be covered by buildings, proviied, if'any portion of the areas is developed as an institutional or-educational center, iorty-five percent of the area may_be covered. .In-areas c and D, no more than twenty-five'percent of the total site area shall be covered by buildings, UNLESS iHf NOnE RESTRICTM -;.
STANDARDS OF CHAPTER 18.69 OF THE VAIL-MUNICIPAI CODE APPLY
18.46.160 LANDSCAPING
At least the follow'ing proportions of the total development area shal'l be landscaped as provided in the development p1an. This shall'include retention of natural landscape, if appropriate. Areas A and B, fifty percent and areas c and D, sixty percent, of the area shall be landscaped.
Area GRFA
-;t
7
18.46.I70 PARKING
. 0ff-street park'ing shall be provided in accordance with Chapter lg.52, except that seventy:{!ve percent.of the rgguirgd parking in Aiei'A shati G i;;t;a-witnin !!i: nil..ltilgirg q.-lgil{1lg:: _!!rryG THE DEVEL6pMENT TABLE rN sEcrr0N 'r8.46.08e,
THE MINIMUI4 PARKING REQUIREMENT FOR AREA A SHALL BE 456 sFncTs PL.. it,lo iFAiEi-PER DWELLING UNIT FOR MILLRACE CONDOMINIUMS, WESTHAVTn coIIoomTNrur'Ii nI'iD Nnr.iiFiEro vILLAGE C0NDOMINIUMS. AT LEAST SEVENTY-FIVE PERCENT oF ii.e-+so sFncrs 5Hnfil-bi-!{ITHIN A PARKING STRUCTURE. THERE SHALL BE A MINiMUm oi.'q:s spncrS-in-iiiE-unin PARKING STRUCTURE AND A MINIMUM 0F 15 UNDERGROUND sPAcEs irl rHr prnzn auiloiNG.IF THE DEVELOPMENT TABLE IN SECTION I8.46.089 IS AMENDED,-irrE PNNTiIIE NEqIIREMi,,ITS SHALL BE AMENDED AccORDINGLY. In areas.B png_9, riiiv-perient of the ilc-;i;;e-pafllns shall be located within the .main buildins ofuiiiiJings ana [iaJd;'i;;*public view from adjoining properties within a laidscaped benn.
.0n-s'ite parking shall be provided in Development Area A for common carriers providing charter service to the development. BLs parring shal'l be iriiiiiei-on the development pl.gl':^^N9..pgrllls_gr lgugilg_qr"i shari ue jo.iie;'i;-;;t-".quired
Itql!_:g!!qck area, UNLESS suCH pRnRtne ts locAreo-noi tlirHrN A sTtiucTunr.""Ho-cERTiFICATE 0F 0ccuPANcY sHALL BE IssuED FoR THE rennncr-wir,re, pinzn-suirorndl
ATHLETIC CLUB OR EXPANSION OF THE WESTIN HOTEI ON Cr,ICTirNiir.rINE CENTER UrIiiI iHE PARKING STRUCTURE CERTIFICATE OF OCCUPANCY HAS BEEN ib5[ro ron rHE EIIriIii-FIrIiiHro (AS AppR0vED) PARKTNG STRUCTURE.
--- .
I8.46.I80 RECREATION AMENTIES TAX ASSESSED.
The recreationa'l amenities tax due for the development within SDD4 under chapter 3.20 shall be assessed at a rate not to exceea'twentv-iive -enis;;;'square
foot of the floor area in^Deveropment_Area A and a "iie nJt io "*.""a iirlv' -"'
cents per square foot of GRFA in Development Area B; anU at a rate not to exceed fifteen cents per s-quare foot of GRFA i; oevetopmeni n."u-d; and at a rate not to exceed seventy-five cents per square foot in'oeretop'ieri'Area o; ini-ir,ui'i-be paid in conjunction with eich cdnstruction pnaie-prio" io the iisulnce oi building permi ts.
18.46.I85 LEFT-TURN LANE.
THE DEVELOPER SHALL PARTICIPATE IN A.STUDY (INITIATED BY THE TOuIN OF VAIL)r0 DEVELOP A REASoNABLE PLAN FoR A LEFr ruRN LANi-dn iiii-iourH Fnoniliee-ironii.-'
I8.46.I90 CONSERVATION AND POLLUTION CONTROLS.
A. Developer's drainage plan shall include provision for prevention of pollut.ion from surface runoff; v! r'v' 'r'r,|e
B. Developer shall include in the building_construction,energyand water conservation controls as generar technorogy exists it tne ti;; ;i';;struction.
C. NO I,IOOD-BURNING FIREPLACES/I.IOODSTOVES SHALL BE ALLOI.IED IN ACCOMMODATiON UNIT5.
D. If fireplaces are-provided within the deve'lopment, they must be heat efficient throush the use of'glass enclosures ana heai'cii;irriiiig a"uiies'ii-t"inn"ioqy exists at the time of development.
18.46.200 RECREATIONAL AI4ENITIES
.The approved development plan shall include the following recreational
ameni ti es :
Bike and pedestrian path traversing property from east property line to west property line shall be provided by deve'loper with bxact location to be mutually acceptable to developer and town council.
18.46.210 ADDITIONAL AMENITIES.
^ A. Developer shall provide 0R W0RK l,tITH THE T0ltN TO PR0VIDE adequate prlvate transportation services to the owners and guests of the develdpment
gg as. to.transport them from the deve'lopment to the village core area and
Llonshead area as out'lined in the approved development p1in.
- q. Developer shall provide in its approved development plan a bus shelter of-a design and location mutua'lly.agreeabie to developei and Lown council.
Said shelter to serve the area geneially.
18.46.220 EMPLOYEE HOUSING.
ON A YEARLY BASIS A CONTMCTUAL'AGREEMENT BETWEEN THE EMPLOYER AND THE
DEVELOPER SHOI.|ING EVIDENCE OF EI'IPLOYEE HOUSING THAT IS SATISFACTORY TO THE TOI.IN
OF VAIL SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENi.
lEa
i-,;,
Section 2 o
all prev'ious ordinances amending Special Development This ordinance here
District 4.
Section 3.
If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardress of the fact that any one or more parts,
Sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4.
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 5.
The repeal or the repeal and reenactment of any provisions of the vail Mun.icipal
code as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violatiion that occurred prior to the effective date hereof,
any prosecution comnenced, nor any other action or proceeding as commenced under
or by virtue of the provision repeared or repea.r ed and reenacted. The repeal of
any provision hereby shail not revive any provision or any ordinance previousry
repea'led or superseded unless expressly stated herein.
o
by repeals
INTRODUCED,
1984, and a
of
READ AND PASSED ON FIRST READING
public hearing shall be held on
day of
THIS day of
this ordinance on the day
, 1984 at 7:30 p.m.in the Council Chambers of the Vail
Municipal Bui'lding, Vail, Colorado.
0rdered published in ful'l this , .|984.
Rodney E. Slifer, Mayor'
ATTEST:
Pame'la A. Brandmeyer,
INTRODUCED, READ AND
ATTEST:
READING AND ORDERED PUBLISHED
of
Town Clerk
APPROVED
thi s
ON SECOND
Pamela A. Brandmeyer, Town Clerk
day
Rodney E. Slifer, Mayor
1984.
Heede Parcel
Total
_ County of Eagle and State of Colorado, to wit:A tract of land situated in the swkNEk of section L2, Township 5 South, Range Sl West of the 6th principal Meridian, described'as follows: Beginning at a point on th6 North-South center line of said section 12 wheice the North euarter corner of said section 12 bears North 00 degs. 15 mins. East 2269.4g feet; thence
Igttl 75 degs. 15 mins. East 346,26 feet; thence South 32 degs.57 mins. 30 secs. East 76.08 feet; thence South 11 degs. O0 iins.30 secs. west 279.99 feet to a point in the center of Gore creek;thence North 50 degs. 32 mins. west 111 .31 feet arong the center line of said creek; thence North 38 deqs. 40 mins. w6st 239.09 feet
1l"rg the center line of said creek; tlence South 76 degs.35 mins- west 89.9r feet along the center ]ine of said creek to a point on the North-South center 1ine of said Section 12; thence North 00 degs. 15 mins. East 13,95 feet alonq the North-south center line of said Section 12 to the point of beginning.
I.260 acres
16.820 acres
80.700 acres
GORE CREEK ASSOCIATES PROPERTY
DEVELOPMENT AREAS B, C & D
o
A11 that part of Section 12, Township 5 South, Range 81 West of the 6th P,M., described as follows:
A11 that part of the NINEL of Section L2, lyinq Southerly of the Southerly right-of-way line of U,S. Highway No. 6 and lloitherly of the Southerly line of said NLNE>. 2 ds shown on the plat on file in the office of the Eagle county clerk and Recorder as Document No. 97489, described as follows:Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterly l_ine of said NINEL, whence the Northeast corner of said Section 12 bears North 0003r West 634.785 feet;
thence South 73026130" West 1112.13 feet along the Southerly right of way line of said highway;
thence South 70034r West 125.10 feet along the Southerly right of way line of said highway;
thence South 69025rwesl 1OO,OO feet along the Southerly right of way line of said highway;
thence South 65050rWest I00.00 feet along the Southerly tine of said highway;thence South 62015'West 100.00 feet along the Southerly right of way line of said highway;thence South 58o4Or-Wesl IOO.OO feet along the Southerly right of way line of said highway;thence South 55e05f West f00.00 feet along the Southerly right of way line of said highway;thence South 51032'West 100.00 feet along the Southerly right of way line of said highway;thence South 47057 I West 232.58 feet along the Southerly right of way line of said highway to a point on the Southerly line of said
NINEL;
thence North 88033r East 497,57 feet along the Southerly line of said NINEL to the center of the NEk of said Section 12;thence North 88033r East 1379.35 feet along the Southerly line of said NLNEk to the southeast corner of said N!NE!;thence North OoO3t West 760.95 feet along the Easterly line of
NLNEL to its intersection with the Southerly line of said highway, the point of beginning,
said
Og fi
EXHIBIT ''A"
KOELBEL PROPERTY
DEVELOP}4ENT AREA A
Vail-Rose
A part
Township 5 South,follows:
12.370 acres
of the Sw L/4 NE l/4 of Section 12,Range 81 West of the 6th p.M., d.escribed as
. Beginning at a point on the West line of said SW L/4 NE 1/4 from whi.ch the North one-quarter corner of said section bears North 0oI5' East 2269.48 fdet; thence North Ool5r Eas!,along said west Line, 152.36 feet to a point on the southeasterly Iigt-t of way line. of U.S. Highway No. 6; thence, along said Southeasterly right of way line,-as follows:
North 52027 ' East, LO2.3l feet;North 49?20, East., 519. 57 ,. f eet; and North 48ol3rEast, S4g.09 feet, more or less, to a point on the North line of said SW l/4 NE L/4i Lnence no.it-g6"i3r- r--^'a
East, along the North line of said sw 1/4 NE, 36g feet, more or Iess, to a point on the centerline of Gore ci.;k; thence, iiorrg tl.r.centerline of Gore Creek, as follows:
South 36049, West, I01.04 feet;South L8o21' West, 54.09 feet;South Lo24, West, ZO5,02 feet;South 12010' West, 110.25 feeti and South 2Ao4L' West, 242.35 feet, th"rr"" South West, 1064.1_0 feet to the point of beginning.
Rose Parcel
75015'
3.190 acres
)
A tract of land situated in the SWkNEL of Section L2,TP 5 s', R- 81 w., of the 6th p.M., rying southeily of that ceriain tract of land described in Book 199, rag6 197, Norlherly and.westerly of the center line of Gore creek, and rying xoitteiry ana Easterlv of those certain tracrs d.escribed in eo6k itt "t p";e id6,Book 211 at page 108 and Book 2r5 at page 365, described as IOI I_OWS :
Beginning at a point on the North-south center rine of said. section 12 whence the North quarter "o.rr", of said section 12 bears N. 00015' E. 2269.48 feet;thence N. 75015' E. 346.26 feet to the true point of beginning, -said po1!! being on the south rine of that tiact described in Book 199, Page 197 and wrricrr bears s. 0g026'E. 2205.34 feei from the North quarter corner of said Section 12;thence N. 75015' E. 7I7.94-feet aLong the Southerly rine of that tract described in Book 199, page igz to the center of Gore Creek;
thence s. 2go4L' w. 130.6r feet arong the center rine of said Creek;
thence s. 05024130" E. 104.50 feet a10ng the center line of said Creek;' thence s. 4go2g' w. 95.50 feet al0ng the center rine of said Creek;
- thence s. 22o34t w. 124.47 feet along the center line of said Creek;
thence S- 54000' w. 1r9.34 feet arong the center rine of said Creek; to the SouLheast corner of that 6ertain tract of land described in Book !11 , page 108;thence N. 33"16r30"-w. 140.12 feet arong the Easterly Iine of that tract described in Book 211 at page tOe i thence N. 57042,30" W. 169.98 feei i:_ong the Northeasterry line of that tract descri_bed i" C"ot-zll at page 10g;rhence N. 86002r30" w. :-62.92 f.;a ;i;;9 rhe Northerly line of those rracts described in Book 211 ;t pigl roe Book 2ll at Page 106 to a point;
thence N. 32057 r30" W. ?6.09 feet along the Northeasterly li.ne of that tract described in sooi 215 at page 365, to the point of beginning.
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.rl
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ONTINTIED
j
AND
A1I that part of the SWtNEk of section 12, lying southerly of the center of Gore Creek as shown on the pfat oi iit" i. tn"office of the Eagle county clerk and Reco'rder as Document No.97489, described-as folloils:
the Northeast corner of said 88u33' West I3l.GZ feet to a
J
SWLNEL;point in the center of
Beginning at
thence South said Creek;
thence South
thence South thence South
thence South thence South thence South
creek;
thence South creek;
thence South
creek;
thence South
creek;
EXCEPT THE
that part
that part
that part
19:09' West 94.04 feet along the center of ]!"21 I West 54.08 feet along th" center of l:Sll.west 2os.02 feer aloni rhe cenrer of I2-I0 I West I10.25 feet aloig the center of
?9"4I1 West 32O.OO feer;5"24' 30" East, L70.00 feet along the center
said Creek;said Creek;said Creek;
said Creek;
of said
27000'02" West 95,24 feet along the center of said
54000r West 259.34 feet along the center of said
65034r West 109.62 feet along the center of said.
thence south 59oo4r west 1g6.13 feet along the center of said creek;thence south 85o25rwest 6g.gg feet along the center of said creek;thence North 77o36t west 26.96 feet along the center of said creek;thence North 5oo32r west 199.19 feet along the center of said creeki thence North 3So4otwest 239.09 feet along the center of said creek;thence south 75035r west 99.91 feet arong the center of said. creek;to a point on the-Westerly line of saia 6WknnL;thence south 0015'west 461.90 feet to the center of said section 12;thence North 89-02r East 1392.65 feet arong the southerry rine of said SwLNEk to the Southeast corner of sai6 swLNek;thence North 0006r East 1384.32 feet along the Easterry rine of said SWTNEL to the Northeast corner of said. SwkNEk, the point of beginning,
AND
The
6rh
NwksEL of section L2, Township 5 south, Range g1 i,vest of the P.M.;
AND
All that part of the SEkNWk of Section 12, Township 5 South, Range 81 west of the 6th.p..M., rying southerly of the s-utherry right of way line of u.s. Highway No. 6, as show-n on trre piat on file in the office of the Eaqle county clerk and Recorder as'Document No. 974gg,described as follows:
Beginning at the Southeast corner of said SEtNWt;thence south 89002!west 936.95 feet arong trie doutherly rine of said SELNWk to a point on the southerly right "i-r"y liie of said highway;
thence North 52035' East ro57.0z feet along the souLherly right
9!. r"y line of said highway to a poinr on ih" easierly rine 5f said SEKNWK;
thence south oo15'west 629.21 feet al-ong the Easterry line of said sEkNWt to the southeast corner of said siLNwk, ah; point of beginning;
FOLLOWING:
described in Book I88 at page 545;
described in Book 191 at page 24I;
described in Book 203 at page 23I;
?
and that certain island adjacent to the located in the rniddle of Gore Creek,to exclude from this transaction:
County of Eagle,
State of Colorado
CONTINUED
that part descri-bed in Book 203 at
A tract
Sect i on tbe 6th of the
follows
above-described property,which the parties intend
page 531;
ALSO DESCR]EED
ALSO THE FOLLOWING PARCEL FORMERLY KNOWN AS THE ''COSGRIFF PARCEL''
of land siruared in the SW l/4 NE l/4 of 12, Townsbip 5 South, Range 8l West of Principal Meridian, -lying Northlresterly center line of Gore Creek described as -
Beginning at.a point whence the North Quarter uorner 01 satd Section 12 bears N. 11"03, W.2292.72 feet; thence S. 86"02'30" E. g9.SO"'feet; thence S. 54"42,30" E. 169.8S f;;i; rbence S.33"16'30" E. 140.12 feet ro a poinr i; ib; --
cenrer of said creel:; rhence S. O5.lq, f^t. idS.OZ {""1^?lolg the cenrer Iine of said creei:; ;;;;;;S. 69"04' l,i. 90.18 feet along the center ljne of said creel:; thence Ii. 23"12'J0" i,t. 3it7.Sa ieet--to th€ point of beginning, containing 1.05 acies,ErOr€ Or lesS.
reEtn;inf at a p()jn.. r.;herrce tl;e lioi.th (;ua:tet ,lc,:r.Er c,i sr,ii Seciio:. ti reL-:-s 1.. li.(,:., 1....'t292.72 iee',; tl,ence S. ti'-4'J '14" E . A9.t;4 f eet.;thence S. 57"25 '30" L - I(,9.4€. f eet; ttience S.32"59 '30" E. 7AL-47 feer to a point in the center of said creek; thence S. 65'31'36,' W.109 .62 feet along, the center I ine of said creek;thence S. 69"01'36" I.t. 103.02 f eet a)ong rh;-- 'center ijne of seid creel:; thence li. 2372q,Og,,tl. 319.Ct9 f eeL to tbe pcinr of beginning..
TOGETHER wITH an eeserDent as described in Docunenc :-ecorcied August 5, 196() in Bool: 306 at paee 41J L:;. rccc.;Ced ia Looi:3Gl at i,age 6(, of th;Eagl e County r-ecords
ALSO including all water and well righrs apDurtenant to the above described pioperty,
if:lyCing r^'irhout linitarion, ltelt i'erinit i,t;.
9!- tUl, water rights rjecreed in C jvil Act jon li9: 2375 in tagle County District Courr, and
2tt that porrior, of uarer rigbts decreed in Case lio. 80 Cl.l 410, tiater Division lio. 5,(Gore llo. I tlell - 0.05 cfs)
PRESENT STAFF PRESENT
Diana Donovan
Duane Piper
Howard Rapson
Gordon Pierce
Will Trout
Jim Viele
ABSENT
Scott Edwards
The meeting was called to order at 3:05 pm by the chairman, Duane piper.
o
Pl ann'ing and Environmental
June 'll , 1984
t
Cornmi ssion
Peter Patten
Tom Braun
Kristan Pritz
Lamy Eskwith
Betsy Rosolack
1.. Apploval gf minutes of meqting if Ma.v 29, 1984. It was pointed out that
Howaro Hapson's name was typed as "Gordon Rapson." viele moved and Rapson
seconded to approve the minutes with a comectjon to Rapson's first name. vote
was 5-0 with Pierce abstaininq.
2.uest to amend S ial Devel nt District Cascade Villaqe) as follows:
a. Adoption of development plan b. Increase al'lowable retail c. Rezone and add two parcels known as Robbins and Cosgriff parcels d. Request a variance to allow '18 accormodation units io havi fireplaces.e. Make minor revisions to bring the ordinance up to date with '1984 zoning
regulationsandmake it consistent with above revisions.
Peter. Patten presented the requests and exp'l ained that most of the board was probably familiar with the prdposal through two previous work sessions. Basically,ttq I:tt.that the private sector should be-supported when they proposed to do some ot rhe ltems that are stressed in the Community Action Plan, such as developing facilities for seminars and conferences. Pattln explained the request further]
Andy Norris, the applicant, felt that there were three issues he wanted to address:lJ the parking requ'irement and the requirement by the Town to have a Certificate of 0ccupancy on the parking garage.before starting the Terrace Wing, ,i 2) the
emp'loyee housing requirement-and-3) the requirem6nt to have a lefl-turn line.
Norris stated that SDD4 was put under a new parkinq ordinance. He felt that the gonference. facilitywould be used exclusively by l,Je-stin guests and would not generate the need for additional park'ing. He added that-the l,lestin did very few banquets, and for those valet parking could be used. Nomis asked that the total figure of required parking spabes be-changed to 469.
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Norris then discussed employee housing, stating that this was more a concern of
.the employer, .not the developer. He added that the deve'loper had agreed-wiltr-tne Westin to find emp'loyee housing if needed.
Norris then went on to say that it was difficult to work with the State Hiohwav Department regarding the left turn lane. He felt that the standarAs imposEa wLre not easy,to work with. Norris stated that he would accept the conditioh that the developer continue to work with the Town, but fe] t that the Town snouia ao a study of the south Frontage Road, and he would be happy to participate with the Town on the study,
Piper asked about Town jurisdiction on the left turn 'lane, and Patten repl1ed that the State_Highway Department would consider input from the local municipitiiv.Patten felt that a reduction in speed in that area was needed.
viele agreed with Andy to. a large legree regarding the number of park.ing spaces required, and felt that there should be a lower speed limit which'might'aliow more f,lexibi'llty in the design_of the'left turn lane. Viele felt that emiloy"e housing was a private sector prob'lem. He agreed with the staffthatthis was'tha kind of project that supported community goals and wou'ld benefit the town.
[gpson asked Nomis if he agreed with 18.46.065 and 18.46.080 and Norris said he did with the exception that.13'l dwel'ling units be changed to .|35.
Rapson wonOerea if there should be some kind of letter iegarding overflow parking.
Rapson felt that there should not be fireplaces in the accommodation units, and felt that this was a matter ofTd'ucation Lo the public.
Donovan felt most of her concerns had been covered and stated that this was a quality project with long term gains for the town. She felt that the teii-turn lane-was imperative especiall.y witn more traffic at the 4-way, and that gis-iireptaces should be used. Trout agreed'about the gas fireplaces ana fLit ttrat ttreie-strouio be some solution to the employee housing question. Trout stated that he lived in the Millrace condominiums and felt very strongly that there was not enough pqrkjng. He asked Nomis if there were any contingency plans for additionai parking if the assumptions being.made concerning number or-par-tl.ihg spaces turned out io be underestimated. Norris stated that Millrace parking piobiems weie causea Uy lack of enforcement of rules, and added that now the sirbet siqns were orooerli placed. He stated that there were two parking spaces for each-unit. HL ahaea"that the large parking facility would more thanProvide the amount needed, and that there was a possibility that some spaces could be rented to Millrace resjdents.
The ski ljft was discussed and Norris emphasized that skiers wou'ld not be allowed to park in Cascade Village. He said that it was critical that therE-i'ot be another ..-i base area for for {ay skiers. Norris added that there wou'ld be additionai-piriini' '';'ii,
under the Mansfield condominiums near the entrance to Cascade Village, Uut'ifrii they had an agreement with VA that no skiers would be al'lowed to par[-inywf,e"l--in the Cascade Village complex.
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{nloqeg. housing was again discussed. Patten noted that the revised ordinance stated that the employee housing did not have to be on the iite. He added init the recent'ly-completed Eagle County employee housing survey-tound that the need for housing for seasonal transient-had'di;inistreo, ina-ttrii trousing now was needed for more.permanent emp1oyees... The problem was afior4ahle housing ior the more permanent emp]gyees. He added that the thouglT-5eF-ind-fuinisning emptovee housing at Cascade V'iIlage was.that.the-twenty units w6uld be a "holding tink"'wtricn wouta -
glve new employees a p1 ace to live for 2-3 months until the busy season was over.Patten felt that the temporary solutjon was still importani.
Nomis stated that he lYalleg a. process that recognjzes that the developer is not the employer. He added that the Westin Hotel had a 30 year agreement wtttr trim that on September 15 of.each year the Westin is to noti?y the"deveioper itre numUer of-enployee units needed if the Westin can't provide the units thems!1 ves. Tiout felt uncomfortable with this solution because'the wesiin mJy decide not to furnish employee. housing. , Norris said that he would rather show thl Town of Vail the yearly agreement-concerning employgq housing between the westin and the developer.Patten felt that there should be a minimum number of employee housing uhits.
The area and therefore the density on the table be corrected to show three additional dwel'l ing units;
lu"!jlg requirements be amended to require 40 spaces for the conference facil ity;
3. That-the applicant participate in a study to develop a reasonable plan for a left turn lane on South Frontage Road;-
4. 0n a,yearly. basis a contractural agreement between the ernployer and the developer showing evidence of emplbyee housing that is sitiifactory to the Town of Vail, be made available.
The vote was in favor with Trout votin ainst. for the reason that he felt own s ave approva rocess aqreement rn
3.A Vest=for a rear setback variance in order to add to a dwelli
eters0n
Kristan Pritz showed.the site.p'tan and elevations wh'ile explaining the proposal . "fr
Gordon Pierce, architect on thb project, stated that he fett ttre iown oi vbit shou'ld require that the applicani Uuita-tne prjmar.y unit it the setback variance was granted.. Rapson askei'where the parking'wouia"ue.--pritz stated that 3 moie spaces would have to be provide{ qs one of lhe conditions of approval along with
Rlli.lg,ih:, driveway. Pritz stated that tne iaaiiion-r'ii-air"iAi be;; *'i6is.li'-uKb wl.th-the exception of the approval of three windows, but ifwas basicaliy the same desion
1.
2.
T
MEMORANDUM o
.T0: Town Council
FROM: Conununity Development Department
DATE: .lune '14, 1984
SUBJECT: Infonnatlon packet and ordinance
Atlqched p'lease_find the following information to help you
Village prnposal for Tuesday's medting:
'1. Staff memorandum
2. Andy Norris' letter of request,
3. The amended Special Development District 4 ordinance
conditions of approval the Planning and Environmental at the June ll, 1984 meeting.
4. The minutes of the Planning and Environmental meeting
W
for Cascade Village revlslon
revievr the Cascade
containing the
Cormission imposed
of June 11, 1984
Please feel free to come in and talk with Peter before Tuesd4y n'ight ifyou have questions or corments.
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a
l'(\
MEMORANDUM
T0: Planning and Environmenta'l Commissjon
FROM: Community Development Department
DATE: June 6, '1984
SUBJECT: Request for major amendment to area A (cascade Village) of Special Development District 4 Applicant: Mansfield Ltd (Andy Norris)
I
(
Illg_.ppticant, Andy Norris, is requesting a number of revisions to the cascade vrIlage_portion of sDD 4 --in the areas of tota'l density, total commercial square footage, building heights, parking requirements,-employee housing and the.number of fireplaces to 6e allbwed. Due to our privioits two work sessions on this item, the P'lanning and Environmental Commissjon is now quite familiar with the proposal. This memorandum wi't1 begin with a brief chronologic history of Speci.al Development District 4 followed by an explanation of the frajor issuls involved.in the approval of the development -ptan in'1979 and will procied with Ene spec'lt'lc request by tltg-app'l icants with-a.discussion regarding the various
changes proposed, then we,Il iook at the related policies c6ntain6d within uhe community Action P'l an and conclude with the staff reconmendation.
I. CHRONOLOGICAL HISTORY
0rdinance No. 5 of 1976 was the original establishing ordinance for sDD 4.This ordinance created the special development district, while calling for a specific deve]opment plan with certain submittal requirements at a later date.
The ordinance divided the total area of sDD4 into fdur separate areas known
qs A,B,C, and D. Area A is the Cascade Village project, Area B is the Coldstream
condominium project, while Area c is the G'len-Lybn Subdivision duplex lots and
Area D is now the G'len Lyon 0ffice Building. The density al'lotment for Cascade Village.in this original ordinance was 252-dwe1ling un'it-s located on 16.82 acres for a. denslty of 15 dwelling units per acre. Neiiher the density provisions
nor the b99-ic provisions of this ori!ina1 ordjnance have changed in'any significant manner until this point in time.
0rdinance No. 28 of 1977 revised the original ordinance in a number of ways. This ordinance changed the development areas of Areas B, C, and D and required- dedication of over 40 acres of open space to the Town. It alio revised some of the submjttal
requirements.as we1 I as_refined permitted and conditiona'l uses allowed in develop-
ment Area A (Cascade Village). Some other minor changes such as numerica1 changes to section numbers in the zoning code were also provided for in 0rdinance 28.
In January of .|979 there was an amendment to SDD4 with reqard to submittal re-quirements.once again' The applicant had requested that ihe submittal requirements be up-dated and c'l arified with regard to what actually was necessary infonnat'ion to.review the project. This was done at that date in-preparation for the April and May review of the development plan itself
0n April 27,1979 the Planning and Environmental Commiss'ion conducted a preliminary
review of the Cascade Village proposal. 0f note jn this review was the lcknowledgi-ment that there were approximately 17 acres involved along with two approximate'ly
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III.
SDDO -2- 6/6/84
one-acre parce'ls zoned for 6 and 7 units, respectively. Also discussed was the proposal -regarding on-site employee housing fbr the p-roject and the low iiie- -
nature of the building hgig!!r:. ol |gv 22, 1gtg, tnb pEc he'td a prujii il"u"ing for two requests. 0ne, approval of thb developm6nt ptan-toi casciui viriig., "
and two' to.enlarge Deve-lopment Area A to include thb 1.25 acre Robbins tricl.It was noted in the staff memorandum that the new acreag- in ttre Area A now totaled '18.078 acres which, of course, included the Robiins tract zoned for 7 units at the time. This deveropment p'r an was subsequently approved by the Planning and Environmentat Commission' ana i;;r-c;;il;i]"''''
II. ISSUES IN 1979 ADOPTION OF DEVELOPMENT PLAN
The sing'le major issue in the.gpproval process of the deve'lopment plan of 1979 was the creation of a third village for Vail with respect to the amount of com-mercial proposed-and.the educationa'l/learning center ilroposed. It was felt by the planning staff that the creation of such-a third majbr village iJulo-negiiivety impact the bus system, road. system and other services wittrin ttre-conrnunitv."-ihere was also a_questioning of the relationship between the proposed trotet wii-n tne'educationa'l /learning center. The staff felt the learning center should be con-structed before the hotel and that the applicant had not-convinced the siafi-itrat the.necessary'l ink,between the hotel and the learnjng center would ever Ue esiiu-lished. 0ther staff concerns centered around the intersection of l^lesthaven Drive with South Frontage Road, access to the excluded Cosgriff parcel , provia.inq onjv one access point to the entire area, and 'last1y, the-overail size ind mass-of the parking-structure and hotel in relation to the frontage road as well is-to other buildings on the site and the duplex lots to the soith.
T!9. Planning-and Environmental Comnission agreed in part and disagreed in part with the staff's recormendations and concerns. The pEc felt 2l ,zdo square'ieet of commercial to be acceptable to the project. Mr. Norrii exptiinea-io-ihe'---cormission that more.specific information on the_potentia'l usLrs of the 'leirning
center and the relationship of the hotel to the lbarning center woulA Ue io.[t-.coming, he agreed to dedication of stream tract and eas[ments for bicyile puins,he.agreed to work with the Highway_Department to providi i ieft-nand-iu"rifig-l'aie
and acceleration and deceleration lanes on the South Frontage Road,andfinal-l.v igreea to provide access to.the excluded cosgriff parcel. Concerning an outdoor iedrJd-tion area' the Planning and Environmental C6rmission felt it was not necessarv to the projec.t' contrary to-the p-lanning staff recommendation. final'ly, lti. "
Norris agreed to the provision oi a bus-shelter and turn-around on thg.iroiect site.
Emp'loyee housing was an integral part of the development plan discussion in Mav of .|979. The proposal at that time was for 32 renthl units of approximateiv"-"850.square feet each on the site with the possibility of using ihiustrial rlvenue bonds to construct that housing. The timing for the employee-housing projeit-"-
was represented as the second year of construction, but'eailier ir p6siiuie.
Andy Norris has
ment concerning
submitted the attached letter to the request and his reasons for
the Corrnunity Development Depart-his current proposal .
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Surrnary and Discussion of Request
In summary,. Mr. Norrjs is requesting_to reprogram the remaining development of Cascade Village in order to fulfill a markiting program whiih they'feel will be successful for the development and the'vail community. -Andy's
letter,does a good job of outlining what they feel the necessary ingrediints to such a successful program are.
II"{ ulg: with.regard to density, asking for the original density of 15 dwelling un'its per acre to be applied at this point to both the .l.25
acre-Robbirirs parcel which was annexed to the sDD in '1979, and for the 1..045 acre cosgriff parcel proposed to be annexed with this current request.Moreover, they feel the 37,000 square feet of commercial is a necessity t9 tl,g development program to provide for support retail to the type of clientele they are attempting to attract."
Other parts of the request not addressed in the above letter are: A revision to the employee housing prov'ision and at the urging of the planning
itgfl: revis'ing the height regulation to become consistent wittr ttre bxistin!height-definition as well as cleaning up and up-dating the entire eight year old sDD ordinance. Finally, wiitr loait'ioira'l deniity and commeriial,the parking requirements for Area A must be revised.
IV.(RELATED POLICIES IN VAIL'S COMMUNITY ACTION PLAN: FOCUS I9B5
l'|ith such a major conceptual change proposed for Cascade Vi11age, it is important that we look to the Community'Action Plan for guidanie and criteria to evaluate this proposal . The following are excerpts fiom various sections of the plan which are important in reviewing this sbo plan amendment:
A. Statement of Purpose
Policy' To recognize that vail is moving quickly from an economy based on l. recreation and real estate to a-mature resort community with a sironger more diverse economic and social base. Marketing the iorrnunity and providinq service to guests remains ffi
Policy To recognize and strengthen vail's princjpal products and services:2' -Business and professional meetings
B. Social/Cultural/Educational Considerations
Po] icy .vail should improve as an educational and intellectual center:
3.
-Promote seminars and conferences
-Develop facilities to provide for these activities
o sDD4 -4- 6/6/84
(C. Economic Considerations
Policy The summer season should be significantly developed and promoted.
3.
-Maximize current surmer programs, opportunities and facilities.-ltydy new sunmer programs, opportuniLies and facilities.-Set up marketing programs to promote the sunner season.
Pol i cy
4.
e shoulder seasons also should be significantly developed and romoted.
-Expand shoulder season educational and gultural activities.- ness.-Id.rtifv.ra promfion,'noooinn,..*
Policy Study the feasibiliQr of an economic development conrnission to organize 5. efforts to direct this activity.
-ltqiy the feasibility of.bui'ldin9 a convention facility -Define the role of municipal govirnment in economic deielopment
T
It is evident that the-conrmunity Action p'lan strongly promotes the type of
BII!g:1-.!lig|t lfg uppticants. are proposins. The piai is cat.Hns ouffor-racllltres to allow Vail to_become a year-round resort along wiih the marketing and promotion of those facilities as wel 1 as exploring a1 I iossible "u"nr", 'of economic development for the corrnunity. l,'liti.r thii"in miho,-irre-fiil;;i represents the willingness of a major private sector entity wittrin the';;;munitv to accomplish these goals and ou3eit.ivbs within the communitv Aftion Ft;;':""-"'-'Furthennore, with regard to defining the role of municipil iovernment in economic _development,_certajnly on6 of those roles wouia UE agreeable olan-ning and land use regulations w-hen economic devetopm"ni i.iiuiii"i-i"-.E.iii"t with the communities overal'l goals and objectives ire proposed.
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V . STAFF RECOMMENDATIONS
The community Develo-pment Department is highly support.ive, with some minor exceptions, of this proposal to amend t'he caicade vitiage po"iion of special Development District 4. we feel strongly that the-prbposal is in concert with the community's goals and objeitivei as outiinbo in the.community Action p]an. we bre or tne opini6n that when ine prlvaie sector steps forward in thjs manner to accomplish what could be i signifi-cant contribution to the economic development of the Vaj'l community,-that the municipal govenment should be highly'supportive. The addit'ionii density requested is proposed to be put into-aciommbiation unjts so that a sufficie-nt
number of accommodations can be located on site in order to accomp'l ish the objectives of the overall luxury destination resort plan. It'oniy
makes sense that-accompanying that critical mass of density is a commlrcial support system of a sufficient size and nature to work with and complement this overall goal.
{g do: however,.feel that the aspects of parking, employee housing, and fireplaces, need to be seriously'addressei at ttr;s pbini in time.- The parking must be sufficient on the site to take care'of this project's
demands. The zoning code calls for 484 spaces, and we feel strongly that this number should be met. cumently the'structure 'is approvea a[ I:s parking spaces, and we would expect lhe applicant to eithbr expand the structure or provide other surfice parkin!'djstributed throughbut the project to supplement that number. There must be provision ior employee housing on this project. l,lhether or not the employee housing is oh s-ite is probably_not critical to the success of the project, but iertainly on-site employee housing for the westin Hotel i! the best solution. -The
final section of the revised SDD ordinance states that the developer shall provide 20 dwelling un'its for long-term rentals to employees of the project
on an on-going basis. We feel this to be the minimum acceptable requirement.
The.proposal for l8 fireplaces within accommodation units is not acceptable to the staff at this time. We feel strongly that we should recognize'
and deal with the Town of vai]'s air pollution problems and look-closely ul.llte precedent setting nature of grinting this request. Furthermore,within the last severa'l -years the fireplac6 ordjnanie was revised to r6move the variance section whith means that to grant this request would require
amending the firep'lace ordinance. The maiketing importance of firepiaces within lyxury accommodation units can be fulfiliea wittr the provisibn of gas firep'laces.
lr|e also feel that it is very important to the safety and the circulation
lystem into and from the project that a left-turn'l ane on south Frontage
Road be prov'ided for this-third major village of Vail.
In conc1usion the planning staff is excited about the revised development plan for Cascade Vi'tlage ind its potential to fu'lfill stated conrnunity goals and objectives. with the pi'ovisions noted above, this project ian be a tremendous asset to the conmunity of Vail and launch Casiade Villaqe into the competitive market of dest'ination resorts around the country. -
Our recommendations are written into the enclosed revised and updated Special Development District 4 0rdinance.
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prun?ng and Environmental Commissio
o
n
June 'l'l , .|984
PRESENT
Diana Donovan
Duane Piper
Howard Rapson
Gordon Pierce l{ill Trout
Jim Viele
ABSENT
2.t to amend S ial Devel nt Distri
Scott Edwards
The meeting was called to order at 3:05 pm by the chairman, Duane piper.
:1. Approval of minutes of meqtinq.if Ma.v 29, 1984. It was pointed out that Howa n Rapson.,' Viele moved and Rapson seconded to.approve the minutes with a correction to Rapsonis first name. Vote was 5-0 with Pierce abstaining.
STAFF PRESENT
Peter Patten
Tom Braun
Kristan Pritz
Larry Eskwith
Betsy Rosol ack
as fol lows:
a.
b.
c.
d.
e.
Adoption of development plan
Increase allowable retail
Rezone and add two parcels known as Robbins
Request a variance to allow lg accorrnodation
Make,minor revisions to bring the ordinance regulationsandmake it consiitent with above
and Cosgriff parcels
units to have fireplaces.
up to date with 1984 zoning
revisions.
Peter,Patten.presented the requests and exp'l ained that most of the board was proDaDly taml liar with,the proposal through two previous work sessions. Basically,he felt.that the private sei:toi^ should be supported when they proposeA to do iome of the items that are stressed in the communiiy Action Plan, such as developinq facilities for seminars and conferences. pattin explained irt.-".qriri-;;;[;;:
Andy,Norris, the applicant, felt that there were three issues he wanted to address:l, tne parking requirement and the requirement by the Town to have a Certificate of 0ccupancy on the parking.garage.before starting the Temace |.ling, -- 2i ih;-employee housing requiremeit-and-3) the requirem6nt io have a teii'turn i6ni.'-
Norris stated that SDD4-was put under_a new parking ordinance. He felt that the conference. facilitywould be'used exc'lusively by wdstin guests ana woula;ot -'
generate the need for additional parking. UL aadea that the Westin Jid ve"V te*banquets, and for those_va]et park'ing c6uld be used. lo"iii asked that the total figure of required park.ing spabes be changed to 469.
ascade Villaqe
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Norris then discussed employee hous'ing, stating that this was more a concern of
.the employqr' .not the developer. He added thai the developer had agreed-wittr-tne Westin to find employee housing if needed.
Norris then went on to. say that it was difficult to work with the State Highway Department regarding the left turn lane. He fe]t that the stanaarai impoiEa'wi,re
!9t qasy_to work with. Norris stated that he would accept the conditio| ttrat the developer continue to work with the Town, but felt that the Town snouiO-ao a study of the south Frontage Road, and he would be happy to participate with the Town on the study.
fip"t asked-about Town iurisdiction on the left turn lane, and Patten replied that the State Highway Department wou'ld consider input from thi local municipitiiV.Patten felt that a reduction in speed in that area was needed.
Viele agreed with Andy to a large {qsree regard'ing the number of parking spaces required, and fel t that there should be a lower speed limit which'might'aliow more frlexibil]ty in the design_of the left turn lane. Viele felt that emitoyee housing
was a private sector problem. He agreed with the staffthatthis was'the kind of project that supported cormunity goals and wou'ld benefit the town.
Rapson asked Norris if.he agreed with 18.46.065 and 18.46.080 and Norris said he did with the exception that l3l dwelling units be changed to 135. Rapson wondered if there should be some kind of letter regarding overflow parking.
Rapson felt that there should not be fireplaces in the accommodation units, and felt that this was a matter of education to the public.
Donovan felt most of her concerns had been covered and stated that this was a quality project with long term gains for the town. She felt that the left turn lane-was imperative especialty wtttr more traffic at the 4-way, and that gas iireplaces should be used. Trout agreed about the gas fireplaces and fLit tnat theie snouiit be some solution to the employee housing question. Trout stated that he lived in the Millrace condominiums and felt very strongly that there was not enough parking. He asked Norris if there were any contingency plans for additionai parking if the assumptions being made concerning number ot-paricihg spaces turned out to be underestimated. Norris stated that Millrace parking piobiems were caused by lack of enforcement of rules, and added that now'the sirbet siqns were orooerli placed. He stated that there were two parking spaces for each-unit. ttb alaed that the large parking facility would more thanProvide the amount needed, and that there was a possibility that some spaces could be rented to Mil]race resjdents.
The ski lift was discussed and Norris emphas'ized that skiers wou'ld not be a'llowed to park in Cascade Village. He said that it was critical that therE-not be another base area for fq1 $ay skiers. Norris added that there would be additionai-piriing
under the Mansfield condominiums near the entrance to Cascade Vi'l1age, but'thit they had an agreement with VA that no sk'iers wou'ld be a'llowed to par[ 6nywtrere--in the Cascade Village complex.
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Employee housing was again discussed. Patten noted that the revised ordinance stated that the employee housing did not have to be on the site. tte added lhit the recently_completed Eagle county employee housing survey found that the;;J for housing for seasona'l transient-had'diminished, ind thai housing now wis neeaea for more.permanent emp'loyees. The problem was a]lfordab]e housing ior itre moie-pennanent ernployees. He added that the thoughT-EehTnd turnishing employee housing at Cascade Village was_that the twenty units would be a "ho'lding tink"'which would -
give new employees a place to live toi Z-g months until the Ous! season wai ovei.Patten felt that the temporary solution was still important.
Norris stated that he wanted a. process that recognizes that the developer is not the employer. He added that the l,lestin Hote] had a 30 year agreement irittr nim that on September 15 of each year the Westin is to notiiy the-developer the number of_employee units needed if the Westin can't provide the units themsblves. Tiout felt uncomfortable with this so'l ution because the Westin may dec'ide not to furnish employee.housing.- Norris said that he would rather show thl Town of Vail the yearly
lgreement-concerning employee housing between the l,lestin and the developer.Patten felt that there should be a minimum number of employee housing uhtts.
l. The area and therefore.the density on the table be corrected to show three additional dwelling units;
2- lar(jlg requirements be amended to require 40 spaces for the conference facil ity;
3. That-the applicant participate in a study to develop a reasonable plan for a 'left turn lane on South Frontage Road;-
4. 0n a.yearly. basis a contractura'l agreement between the employer and the developer showing evidence of empioyee housing that is slti-sfactory to the
Town of Vai'l , be made available.
The vote was 5 in favor with Trout voti inst, for the reason that he felt
own s ve approva rocess t0 aqreemen 'tn ee housi
3. A request for a rear setback varr'ance in order to add to a dwelling on r peterson
Kristan Pritz showed.the site plan and elevations while explaining the proposal .Gordon Pierce, architect on thb project, stated that he teit the iown oi vbit should require-that the applicani build the primary unit if the setback variance was granted. Rapson asked'where the parking'would-be. Pritz stated that 3 more
spaces would have to be provided as one of the conditions of approva'l along with p:Iing.the,driveway. Pritz stated that the addition had alreahy ueen throigh
uKb wl.ln.!ne exception of the approval of three windows, but it was basically the
same design.
4oc 6/11/84
The board felt that there must be landscaping on the south side.
ut moved and Viele seconded to rove the uest r the staff memo dated e additiona co
o
ti on at the ma
on.VO was
must be u'ilt
n tavor
4. A lequest f,qr a front setback varia
t 'no
on Lot 37, Block T, Va'il Village
oarer
Tom Braun showed a site plan and elevations and explained that the staff recormended denial.gf pollt.requests. . Tim Clark, representing i,lisenbaker, the architect and Beck' the builder, showed photos and sthted that-for the pasi tive iei"s-itte-iious"had undergone extensive remode'ling. Pierce wondered why itre additi-on coutJ-noi'be redesigned and moved as the staff memo suggested, ani Clark stated th;t ii-would require, too much fill. Clark added that the-applicints had permission to use parking spaces across the street in the street'i'ignt-of-way.' Donovan aniwe"ea that.even that-day, sumner time, it was difficull to drivL past the cirs faiiea in the right-of-way. Bill Anderson of Beck Asssociates felt'that itreie nui-aange"of getting into ground water if the addition were moved toward the back of the lot. Pierce suggested to clark that he table. clark asked to table to atzs.-
Rapson moved and Viele seconded to tabte per the applicant, .
5. A feOueSt for a covered narkina varianco in nr^dev. tn rdd r caannr{rr.rr rrni.r
Tom.Braun exp'lained_the request and said that the lot had been approved for a single Igtily dwelling.by Eagle Cgunty.. He showed site plans, floor p'tiirs and eieuitions.Tim Clark' architect l9I t|" project, stated that'.adding a garige woula iaa aensity and would interfere with the neighbors' view corridor. 'Mik; Gr;en, wtro woula-ient the secondary unit, stated that adding a garage would cost more thin the owners of the home wanted to pay. He wondered if laidscaping could be used to hide the cars. Pierce fe'l t that substantial landscaping woirld-help, but that a garage cou;d be constructed with a flat roof with a deck on-top or earlh-she'ltered.
P'iper asked Clark if he had studied the view impact, and Clark replied that he had not. Donovan felt that there would not.be any mgre impact thin the retaining walls a'lready made. She felt that the asset to tire building would outweigh the cost of constructing.the garage. Clark stated that ttrere'wlre not many garages on that street, so it preieni"it coniorm:d1 gyt.B;;d'il;rl:d out that-ttre eiiitins GRFA was over the allowable.. Rapson stated that he li;il i; tht neighborrrooa-'-and saw little or no caretaking bone to the property to"-il,e past 6 years. vie.le felt he would rather see a setback variance tnah no"qu"uo".'
Vjgle..Tgvgd_aTd Donoyan se_corlAgd tg,den.v the requeit"pei"ihe staft memo. The vote was 6-0 in favor oT denia=I. -PJerce sugmppiiiunt,that the PEC was in favor of emproyee housfi!, uut itii ii-"is-importini"I; h;;;a garage.
A request for a covered parking variance in order to add a secondarv unit
t nez
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MEMORANDUM
T0: _ Planning and Env.ironmenta'l Cornmission
FROM: Conrnunity Development Department
DATE: ,lune 6, .|984
SUBJECT: Request for major amendment to area A (cascade viilage) of Specia'l Development District 4 AppI'icant: Mansfield Ltd (Andy Norris)
Jfg_uppticant, Andy Norris,.is requesting a number of revisions to the Cascade vitlage_portion ofsoo + --in th;';;;;;";r tolai-oensiiv,'i,otar commerciar square footage, building heights,_parking-requi".r"nir,"*fioy"" housing and the number of fireplacei to 5e aitbweo. Due to;r; i;;ui;;i two work sessions on this item, the Flanning ano Environmental commission ii-no* quite familiar with the proposal. This fremorandum wiii legin wittr a urief chronologic history of Special Development District 4-ioiiowea 6y an'eipianuiion of the major issues involved.in the approval of the_dev"iopr.nt plan in .|979 and wilI proceed with the specific requbit by tl'g.apntjianiiiwith-a discussion regaroing the various changes.pryposed, then-we'll iirok it itre ietate<i-fidiiiils'iJntaineo within the community Action plan and conclude with the staff reconnn.naulionl--
I. CHRONOLOGICAL HISTORY
I
(Ordinance No. 5 of .|976 was the original establishing ordinance for sDD 4.This ordinance created-the speciar ieveropment district, while cailing ror a
:Pec!fi,9 development.plan wiih certain submittal requirements at a laier daie.Ine ordinance divided the total area of sDD4 into foun separate areas known as A,B,C' and D. Area A is the Cascade Village project, hrea g is the Coldstream condominium project, while Area C is the GIe;"Lybn Suuuivision duplex tois ina-'Area u ]s now the GIen Lyon 0ffice Building. The density al'lotment for Cascade Vi'llage,in this original-ordinance wis zsl"uwejii.g-ili# iocated on '16.g2 acres ror a. density of l5.dwelling. units per acre. Neilher the density provisions ror the b99-ic provisions or [nis ori!inal orainJnce trave itring-a in'iny'iigniric"nt manner until this point in time. .'' -"'' '!rr'r' 'l!
ordinance No. 28 of 1977 revised the original ordinance in a number of ways. This ordinance^changed the development areas 6f Areas B, C, and D and requirei"oeoicition of over 40 acres of open space to the Town. It alio revised some of the submittal requirements as wel'l as-refined permitted and conditional uses a'llowed in d;;;i;p-ment Area A (Cascade Village). bome other minor changes ,uin as numerical chanqes to section numbers in the ioning code were also provii.o ior'ln-oriiriri"'zg.'-"'
In.January of 1979 there was an amendment to SDD4 with regard to submittal re-quirements once aqain.. The.applicant hid iequestea ih.i-ih; submittal requirements be up-dated and ciarifiea wiih-res;il;; what actuatly was necessary information to,review the project.. This was ione at that date in-preparation firr the d;ii and May review of the development ptin-itsetf
0n April 27,1979 the P1 anning and Environmental Commission conducted a preliminary review of the cascade village-propo:q1. 0f note_in ltrii'ievlew was the acknowledge-ment that there were approximatery r7 acres invorved-;i;r;;iih ffi ;ppdiil;;;iy
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sDD4 O- 6/6/84
one-acre parcels zoned for 6 and 7 units, respectively. Also discussed was the
proposal regarding on-site employee housing for the project and the low rise
nature of the bui'lding heights. 0n May 22, 1979, the PEC held a pubfic hearing for two requests. 0ne, approval of the development plan for Cascade V'i 11age,
and two, to enlarge Development Area A to include the].25 acre Robbins tract.It was noted in the staff memorandum that the new acreage in the Area A now
totaled'18.078 acres which, of course, inc'luded the Robbins tract zoned for 7
units at the time. This development plan was subsequently approved by the Planning and Environmenta'l Commission'and Town Couniil. -
II. ISSUES IN 1979 ADOPTION OF DEVELOPMENT PLAN
III. THE REQUEST
Andy Norris has submitted the attached letter to the Corrnunity Oevelopment Depart-
ment concerning the request and his reasons for his current proposal .
,{
The s'ing1e major issue in the approva'l process of the development plan of 1979
was the creation of a third vi'l lage for Vail with respect to the amount of com-
mercial proposed and the educational/learning center proposed. It was felt by
the planning staff that the creation of such a third major vi'llage could negative'ly
impact the bus system, road system and other services within the qommunity. There
was also a questioning of the relationship between the proposed hotel with the
educational/learning center. The staff felt the 'l earning center should be con-
structed before the hotel and that the applicant had not convinced the staff that
the necessary link between the hotel and the learning center would ever be estab- ,
lished. 0ther staff concerns centered around the intersection of Westhaven Drive
with South Frontage Road, access to the excluded Cosgriff parcel, providing only
one access point to the entire area, and lastly, the overall size and mass of
the parking structure and hote'l in relation to the frontage road as well as to
other buildings on the site and the dup'lex lots to the south.
The Planning and Environmental Commission agreed in part and disagreed in part
with the staff's recomnendations and concerns. The PEC fe'lt 2.|,700 square feet
of commercial to be acceptable to the project. Mr. Norris explained to the
commission that more specific information on the potential users of_the learning
center and the relationship of the hotel to the 'learning center wou'ld be forth- . .
coming, he agreed to dedication of stream tract and easements for bicycle paths,
he agreed to work with the Highway Department to provide a left hand turning lane j..i
and acce'leration and deceleration lanes on the South Frontage Road,andfinal 1y agreed
to provide access to the excluded Cosgriff parcel . Concerning an outdoor recrea-
tion area, the Planning and Environmental Conrnission felt it was not necessary ,."
to the project, contrary to the p1 anning staff recommendation. Final]y, Mr.
Norris agreed to the provision of a bus shelter and turn-around on the project
;'site.
);
Enployee housing was an integral part of the development plan discussion in May '';
of 1979. The proposal at that time was for 32 rental units of approximately
850 square feet each on the site with the possibility of using industrial revenue
bonds to construct that housing. The t'iming for the employee housing project
was represented as the second year of construction, but earlier if possible.
t
]ooa -3- 6/6/84
In summary, Mr. Norris is requesting_to reprogram the remaining development of cascade vil'l aqe in order do ruliiil a marketing program which they feel wilt be suciessful for it" aiu.iipment and t6e'vait conrmunity. Andy,s letter,does a good job ot ouilining-whlt they feei-il,e ne."sra.v ingredients to such a successful program are.
I!"y ufq, with regard to density, asking for the original density of ll.9r:lljry units-per a*e to #'atpii;d ai ilrii ili;i";;6otn tn. r.zs acre Kobblns parcer which was annexed to the SDD'in 1g7g, and for the .|.045 acre cosbriff p9rc9! iaopo;;;'-i; be annexed with-this'cu*ent request.
T:":::"::.,11:l-l::r.irre 5z,b6o-iiui". feet of .or*."iiri. ii a necessity LU Lne qevetopment Drogram to provide for support retail to the type of clientete they ai.e ittempting-to-ittract.
0ther parts of the request not addressed in the above letter are: A revision to the emoloyee. housing provision and at the urging of the p'lanninq Itgrl: revisins *rb rrlight i;s;iu[i;;';;-bdil"-;oniiriLXi"ili;h ;il; !i;!ij;;;height-definition as weil_as ileaning up and up-datin! itre entire eiqht vear old sDD ordinance. Finany, wr'it-loartroiaf-i"iiiiiv-.rfi".if;r""iiir,the parking requirements for ArLj A must be revised.
K IV.RELATED POLICIES IN VAIL's COMMUNIry ACTI0N pLAN: FOcus r985
l,lith such a major conceptual change proposed for Cascade Village, it is important that we look to the contiunity'Rction pran ior-guiaun.. and criteria to- evaluate this proposal . rne ioito*"ing u.. excerpts from various sections of the plan which'are importani i" r"ui""rng this sDD plan amendment:
A. Statement of purpose
Policy To recognize that Vail is t. recreation and real estate
quickly from an economy based
mature resort cornmunity with a base. Marketinq the communitv more diverse economic and
movl ng toa
social
uests
on
stronger
and providing service to Iernlins extremel.y lrnportEntl
Po1 icy To recognize and strengthen vail,s principal products and servicesr 2' -Business and professional meetinqs
B.Soci a I Cu I tura I Educational Considerations
Po'l icy Vai'l , shoul d improve
3.
as an educational and intellectual center:
-Promote seminars and conferences
-Develop facilities to provide for these activities
]ooa -4- 6/6/84
(
(C. Economic Considerations
Policy The summer season should be significantly developed and promoted.3.
-Maximize current summer programs, opportunities and facirities.-ltudy new sunrner programi, 6pporiunilies and ii.iiiti"r.-set up marketing programs to'iromote the summei s"iion.
ooll.'and promoted.
dlhguklef_season edllcational and cultural activities.ufage comp I imentary al ternafive-5ll]i6s._-Id".titr ti",
Policy Study the feasibility of an economic development commission to organize 5. efforts to direct tnis uciiuiiv.
-!tq!V the feasibj!ity of buitding a convent.ion facility -Define the rore of municipal government in economic de'velopment
T
It is evident that the.conrmunity Action plan strongly promotes the type of project which the aoplicants url proporrng. The plan is carring out for facilities to allow'V"ii-io-u""or['i'i"u.:round resort along with the marketinq and promotion of those.facirities ai iteii ui-."pi;;;;; iii"p"riiur; ;u;;;;;""''of_economic.development for the-io*rniiv. with itrii"tn miio, the proposal represents the willilg!g:t of a. major private seciJr-entiiy' *itnin itre'iommunitv to accomplish these goals ana oojeiiivEi within the communitv nfiioi"Fr;;:""'"'"'Furthermore, with relard to j"iiiiri'ii" rore of municipal' lovernment in economic development,-certainly one oi-il'os" rot"i *orTi'uE us";i6i"'pr"n_ning and Iand usb regulations
""rr"n"I.Jnornic development activities in concert with the conrnunities-overarr gJiil ini' ouiecuuer i"".prJpoi"a.
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V . STAFF RECOMMENDATIONS
]lrg^lolmgnity Deveropment Department is highry supportive, with some m'rnor exceptions, of this proposal to ameni t-tre ciiiaie virrage poition of special Deveropment otsiritt 4. t.te-feer ;t;";;ii-;;at the proposar is in concert with the_communityji goals ano orJtiiiu"s'us ouilined in the.community_Action ptan. we ire 6r tne opinion-ihii-wnen the private sector steps forward in this manner to accomplisfr wfrii could be i siqnifi-cant contribution to the economic developmen! 6i'tiiii-,iaii-io*ilr"itv,'iili-
!!9 muliqigal govenment should ue rrighiy'srpi.rii'iii. 'ihe additional density requested is proposed to be put into-aciommbbation-uniii so that a sufficient number of accommodations can'be rocated on siiJ i;;il;; to accomplish the objectives gf-the overar'r ]yxuiy aesiiniiiJn'ieii,"i' piin.--i["6niv makes sense that^accompglying that iriticar mass of density is a commerciar support system of a sufficient size and nature to wor['wlt-rr ana-compl;r;;;. this overall goal.
19 do: however,,feel ,that the aspects of parking, employee housing, and fireplaces, need to--be seriousty'iaaresr"i at if,ir-ili;i in time. The parking must be sufficient on tire site to take care'of this projectii-demands. The zoni.ng code caili io" qaq spuc"i, ina w" ieer strongry that this number should be met. cuirentty the'struiture is approved at 435 parking spaces, and we wou'l d expect the appticant to either expand the ::Iy:ll.: or provide other surfice parki ni' ai iiriouiea' irrrough6ui-th;-project to supplement that number.' There-must ue-proviiion-io.-*pr'ov."housing on thi! projeci.'--wii.lh""'o" not the emproyee housing is on site
l:_li:!.bjlnot crit'icar to the suicess of the project, uut ieriainrv'--on-site emplovee housing for the westin Hotel ii tfie b6st sotution. "ttre final section-of-the ""iis"a ioo o"iinunce states that the developer shall provide 20 dwelrins units for rons-ierm reniiri-io-empr6vees-oi ihe piJjiit on an on-going basis. We feel this to be the minimum'acieptable-".q[i"*"nt.
The proposal for 18 fireplaces within accommodation units is not acceptab,le to the staff at this timi. t.te feer stiongiv itrit-n"-ir,Jurd'recognize and deal with the Town of vaii,s-iir-poiiition p;o6id;-;il rool'ljoserv at.ll:te precedent setting nature. of grinting ilril request. '-ru.il,"rror","
within the last several-years ltre tirepiac6 ordinanci-wii revised to remove the variance section whilh means that to grant this request-would r;q;il;'-amendins the fireprace ordininie. irie maikgli1! i;p;;ffi;; oi-ri".piii.i within lgxury accbrnmodation un'its
"un-b"
furfiliea iiilr-ilrI provision of gas fireplaces.
t'le also feel that it is very important to the safety and the circulation system into and from the prirjeci that a left-turn-iine on-iouil, F"oniii"Road be provided for this'thi;J-ilj;; uiriag"-Jr'v;ii: -' -.
In conclusion the planning staff is excited about the revised development plan for cascade vi'ttage.ind its iotJntial to ruttiil stateJ corrnunity goals-and objectives. -wiin ttre-p;;ti;i;ns noted above, this project can
.,0""_: _t;y::j::.r.,3,t.:gt ro. the community or Vaii-ina rauncrr iisiaae-viriage
;l::"-:T_:9mperrtive market of dest.ination resorts around the country. -
uur recommendations are written into the enclosed revised and updatei Special Development Districi 4 Orainanli.
(
Donovan wondered if the Town of
time to make the project work,
not in eminent danger.
r 5/14/84 -3-
Vail property would have to
and Knight replied that the
be done at the same
Town property was
Viele moved and Pierce:econded to approve the minor subdivision wit! lhq cqnditions
1984. The vq!e-wq!-5:-8-j-!- .
Viele moved and Edwards seconded to approve the f'loodplain modification as per
the staff meno o roDer Derm rom t orDs o
are obtained.vote was
3.A uest to amend S ial Develo nt Di stri Cascade V'il I a
App'l i cant: Mansf i el d Lt
The applicant asked to table until May 29, and Pjerce moved and Vjqlg,legglSlec!
to tab'te io s/zg with tne condition t-hat it mus
The vote was 5-0 in favor of tablinq.
5.uest to rezone lots 7 and 9. Block H Vail das Schone #2 from
s i denti a to Specia nt Distric
and a concurrent or a m'l nor su s'l on comD'r ne
into one. Prooos are slx ellinq un'its two o which wou qnjl!. Appl i cant:a sociates, Lt
The applicant asked to table this until May 29. Vie'le moved and Donovan seconded
to table to 5/29. The vote was 5-0 to table..
The applicant asked to table until May 29. Edwards moved and Pierce seco4d94
to approve the tablinq with the condition thaf it must be heard then or withdrawn'
The vote was 5-0 in favor of tabling.
7. Reouest for a setback variance in order to enclose a covered deck and ho!
Patten expressed a desire to have
to improve the meetings, agendas,
projects, etc, It was decided to
be a short one.
The meeting adjourned at 4:30 pm.
a work session with the PEC to discuss ways
Conrnunity Development department, long range
try to meet before a meet'ing that m'ight otheruis
l:30 pm
3:00 pm
t.
2.
TABLED 3.
TABLED
TABLED
6..
7.
4,
5.
Pl anning and Environmenta'l Commission
May '14, 1984
Site Visits
Public Hearing
Approval .of niinutes of Apr.i1 23 meeting.
A request. for a"conditional use permit in order to build an addition
and a rock fall barrier on the nbrth side of the vail Mountain school on Lot.l2, Block 2, Vai'l Village l2th Fi'ting. Applicant: Vai'l Mtn School
A reqqest to amend Spec'ial Development District 4, Cascade Village.Applicant: Mansfie'ld Ltd.
Request to rezone Lot 3, Vail Village West #2 from Greenbelt and
Natural-Open Space_to Residential Primary/Secondary. Applicant:
Elmore Group dba Elmore Associates
Request to rezone Lots 7, 8, and 9, B'lock H, Vail das Schone #2, from Residential Primary/secondary to special Development District N6. 13,
and a concurrent request for a minor subdivision to combine the three lots into one. Proposed are six dwelling units, two of which would
be employee units. Applicant: W and W Associates, Ltd.
Request for a setback variance and a conditional use permit in order to construct drive-in bank facilities at the vai'l das-schone shopping center at 2lll North Frontage Road west. Applicant: lst Nationai ginr
Request for a setback variance in order to enc'lose
and hot tub area at Lot 19, Block 7, Vai] Village
Beaver Dam Road. Applicant: peter Ka'lkus
8.' I reqyqgt for modification to the floodp'lain and a minor subdivision to subdivide the Stephens property in Iirtermountain into four lots.
Appl icant: Al Stephens
a covered deck lst Filing at 324
o
T0: Planning and Environmental Commission
FR0M: Kristan Pritz
DATE: May 4, 1984
SUBJECT: Request to Amend special Development District 4: cascade village
The planning staff recormends that the Cascade Village proposal be tabled unti'l the May 29th Planning and Environmental Commission m6eting. Submittal require-ments are not fully completed at this time. The proposal-requests the fol I owi ng :
, A. Increase a'l lowable retail to between 36,000 and 37,000 square feet.
B. Revise the height standards to make them consistent with the current definition of height in the zoning code so that no buildings in the
SDD wi'll be taller than the Westin Hotel.
c. Add to cascade vi'l1age by rezoning and eliminating lot lines (minor
subdivision) for two parcels knowi as the Robbins-and cosgriff parcels.
D. Request a variance to the fireplace ordinance to allow 18 accormodation units to have fireplaces.
E. Make other minor revisions tothe.SDD-ordinance to bring the ordinance
up to date with ]984 zoning regulations and make it consistent with the
above revisions.
The staff wi'll continue to work with Andy Norris, developer, to fulfi'l'l the
submi ttal requi rements.
t .i
|}{
Date of Application
APPLICATTON FORM FOR SPECIAL DEVELOPMENT
DISTRICT DE]T'ELOPMENT PLA}T
r. This procedure is required for any project that would 9o through the Special Development District procedure.
The application will not be accepted until all information is submitted.
A. NAttE oF NPLICANT fi,qr"rsr,a.o. c.ro
ADDRESS PnoNE:L16-b6oz.
B.NAME OF APPLTCANTIS REPRESENTATIVE
A, tia*U.t I pHoNF cl7 b -(46ov
c.AUTHORIZATION OF PROPERTY
SIGNATURE
F
ooo*rr son1&!,r_b6ov
D.LOCATTON OF PROPOSAI
ADDRESS
LEGAL. DEScRrpTroN <pru,o{ M^r-a bp.r^* t D,*.
$100. 00
F' A tist of the name of owners of arl property adjacent to the Subject property and their n'iling addr6ssei.
Twcw o1 Vail - grpr.^,n- Tra_z,h \(-aacde t-cl^qe llbua{ upra*r** 1,ryi1,]:&_gl)-. ^lOOo g,trwu*agt pl,6++ ttEJ AlbC}.rr. Four (4) copies'of the follow"rng l_nlormauton:. A, Detailed written/graphic description of DroDosal .B. An environmenrar inpacc ;;'po;i ;hiii'-ir;-submitted to the zoning administrator in accordance with chapter 18.56 hereof unless waived by Section 18.5G.030, exempt projectl;
C. An open space and recreational plan sufficient to meet the demands generated !v *te development wilhout undue burden on available or proposed public facilities;
boo 9, F"o,.tta
( ovER )
'L.Application tf Special Development oistft Development PIan
D. Existing contours having contour intervals of not more than five feet if the average slope of the site is twenty percent or less,or with contour intervals of not more than ten feet if the average slope of the site is greater than twenty percent.
A proposed site plan, at a scale not smaller than one inch equals fifty feet, showing the approximate locations and dimensions of all buildings and structuresf uses therein, and all principal site development features, such as landscaped areas, recreational facili-ties, pedestrian plazas and walkways, service entries, driveways,and off-street parking and loading areas with proposed contouri after grading and site development;
A preliminary landscape plan, at a scale not smaller than one inch equals fifty feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities,bicycle paths, trails, pedestrian prazas and walkways, r,lrater features,and other elements;
Preliminary building elevations, sections, and floor plans, at a scale noL smaller than one-eighth equals one foot, in sufficient detail to determine floor area, gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed development.
III. Time Requirements
The...Planning and Environmental Commri,ssion meets on the 2nd and 4th Mondays of each month. An applicat,ion with the necessary accompanying material must be submitted four weeks prior to the date of ttre meeting.
NOTE: It is recornnended that before a special development district application is submitted, a review and comnent neeting should be set up wiih the Department of Corunun ity Development.
F.
G.
PEc a/1) -4-
6.uest for an exterior alteration and for a setback variance in order
a our nq un s to the oncert aza est 0ns LQle,pl icant:y- loTe
19.
rrs
Pi per
Viele
said. that
moved and
the appl icant requested to Pierce seconded to table p
table this r request.
March 26.
was 7-0.
soc
item
The
ates
unti I
vote
7.uest for an exterior alteration to the Villa Center pro ect to add new retail a tion on the east end. to rev I se entrance to o cons ruct a ons to the reta constr a new iidewalk a tong t nort side o roject. App cant:
Piper stated that
Oonovan moved and
the applicant requested to table this item_until A
Edwards seconded to table to April 9--Tf6 vote was
8. A request to amend ial Devel ntD trict 4 Cascade e) to review a new se Dlus rmit additiona arce ls o n some o e accommodatlon uni ts.sTtel0,
Dick (yan stated that this wou'ld be a djl_cus!.&.l. item only. The original SDD approval was explaingd, gnd Ryan added-TfiaE.JiEe tSiS tn! applicint'his'fooiea at the market and felt that he needed additional hote] iooms'instead of more condominiums. The appljcant also wanted to annex two parcels, the Roleris parcel and the Cosgriff parcel.
Andy Nomis, the applicant, explained that Mansfield hireda consultant to tel.l nlm exactly what was needed to make Cascade a first class destination resort.He was told there must.be a large amount of meeting space, adaiilonii ;i;ii;no.new restaurants' and recreation facilities. Noiris said that the parking structure and the sports facility would be completed by November.-
Norris went into a detailed explanation of his plans for the remainder of the project' etc. Ryan said that i'lorris would be-biii in nprii-ror a loirai rrearins.
9'
unr.,crnq comnercru, tou.". tng lo*n corn.il hut r.nt thit itE -5uEr-to thE
Dick (yan stated that the Town Council did approve the Sonnenalp, but wanted several
i::r::_fgtglved bv.the Planning and Environmbhtal commission: rtre parking tee,the resolut'ion of the pedestrian traffic on the northeast corner, the arcide, ihe
lym|ef of parking units on the site, the inctusion of the iieek 6ank into th6 olslrrct. .,Jay Peterson, attorney for the appl .icant, said that he would like to sit down with the transportation department'of the Town to resoive the traffic
on Sunbird and stated that the Town allowed'13 kitchens and were shown around the
]99gg'where they found l6 kitchens, but were not shown tne ritth-iiiio.. -iii;d'
kitchens were then removed by sunbird_!o qet to the 13 allowed by court order.He added that they had asked to see att oi-itre-r6o,ir,"Uri'ilire not shown this unit.He felt that if the board altowed this kitchen, on.-.it-ii."oil,.. [tifnlnr-rtorii.or"out. Patten pointed out that in the present request, United nesoiti-stai"a"if,ii tn"v did have t4 kitchens, so they were not trying ad-[i;;;;fi;;.g.
Parton stated that because_the previous owner did something illegal, he should not be placed in a difficult position, but should be altowEd to ipgiade the ficilities.
Discussion followed concerning whether or not another kitchen could be al'lowed.Larry Eskwith, Town attorney,-stated that.it wai i queiii6n-or aeniitt,-ih;;-;;"
$I"]'!jnp unit equalted 2 accommodation units, that ih;-;;urt oro"" was to allow rJ KI I,CnenS.
P'iper fel t that the board should focus on the request and the staff could handle the number of kitchens with the applicant.
Edwards moved and Pierce seconded to approve_!!g__4g!gger's unit on the fifth floor
PEc ouro -3-
Unrt ano is not sold off or rentedbffi e vote was 7-0 in
be a special "privilege.
this portion of the question was solved.
wi th Vi e'le. Pi per
given enough time
Rapson
illegal
sol ved.
Donovan recormended tabling.the request for added GRFA until the kitchen prob'lem was resolved. P'iper suggested thai a court order discuijion couta a;k; pi;;;'"'separately from this item. Rapson stated that an app"ouit couta u.-gir"[ ,riilt the st'ipulation that the numbei^ of kitchens be resoived.
Rapson.moved to approve the additional 97 square feet on the condition that the situatjon concerning the number of kitchens be resolved prior to the issuance of a bujding permit. Fierce seconded.-' Fatten stated thai since this was a court order, it had to be resolved this week.
withdrew his motion. Parton stated that he did not know that he had an unit, and was willing to work with the Town to gei ir,e r,ilir,en proulem
Edwards moved to deny the additional GRFA by stating it would The motion died for lack of a second.
viele stated that it was in the applicant's interest to table request because he did not feel comfortable until the k.itchen Trout felt that either way it-was. a policy action, but agreed agreed with Trout. pierce fett that'the ipplicini itrouid Ue to resolve the problem.
Piper told the applicant that the board wished to table until the meeting of April 9. Rapson
seconded by Trout with the yote 7-0 to taFit. ._
to table
moved to
the item. Parton asked
DESIGN REVIEI,I BOARD AGENDA
April 18, 1984 2:00P!l
I. Call Meett'ng to Order
. II. Ro'l'l Ca'l'l - Determination of Quorum
III. Agenda Items
tll ,4 [t\'ti\r ,l'-
: t '1. Exterior Modification to Vail Valley 3rd Fi]ing, Lot 10
' a 2. 0sborne Addition - Vail Vi'llagq lst, B'lock '1, Lot 13
4
/ 3. Cascade Village - Conceptual devier,r of the Terrace Wing.
:
:
; fV. ilew Business
i .1' v. old Business
,--\l Nn"'s
+e H*
- R-^"&-l r sF"l^ Q*tB--*"o--
l
eetitf o*" //z /8,/
PETIIION FORM FOR AII{END}4ENT TO THE ZONING ORDINAI{CE
4F
o
r' This procedure is-required, for any amendment to the zoning ordinance or for a reguest for -a aistiict ui,""aiiv .fr""g", A. NAIIIE oF PETITIONERW
ADDRSSS enoNa_?7b -tfu!oz
*ou"" eaoun1!t7\ (foioz
LOCATTON OF PROPOSAL
ADDRESS *0Dtl
LEGA]. DESCRIPTIO*
A list of the names of owners of subject property, and their n1.rri*
all property adjacent to the
addresses ,
t t-t
UJNJa.
' AJJ,J,;^/'r.-l8 (rreyla-u-a *. T* rv^Lz ulu^1 4(c6't-<-<sda/Lo",l
, AA" plro^ 'f Nvz';14 lil/1)^1 6a-* A 4'u'
U\aza-a r -rt'-^td. "/ *"lrtOtO e"" /d^7.
c.
D.
F.
E.FEE $100.00 PArD i/ta /rY 4 ---7---7- ' ,A /( ri /t/owi ,
39,ooo gtr
244
" AJJ,{cc; -l a P P!"ot u-A}4
9Pe* Qi"U'a"a aec'a'tax,
Ou-ta-dt Lrl.t>
"r g'Ot^*ta^-t.n--q!
NesA) /krtl a^J
B. NAI4E OF pETrTrONER,s REPREilENTATTVFJ4I{A-\/ A/oAArs
*ou"" rroxe !?6 _06A
NAME 0F 0WNER (print or type)lhau 4n /J, t lJ
SIGNATURE
(ovER )
Petition form for Amen. tlorr:.ns ord or Reguest ,o, Q.rne in uoii3:ri..
II. Four (4) copies of the following information:
A' The petition shall include a sunmary of the proposed revision of the regulations, or a-comprete dlscription oi trt" pr"po."a chanses in disrricr boundarils and ;-;;i- inaiciiing-tf,!-lxisting and proposed district bound,aries^. Appricint must subrnit written a{rd/or graphic materials statj.ng the reasons for r'equest.
,III. Time Requirements
The Pranning and Environmental commission meets on the 2nd and 4th Mondays of each month- A petition with the necessary accompanying material must be submitted four _ weeks pr:.or to the date of the meet_ing' Following the Pranning and rnvironmentar conunission meeting,alr amendments to the zoning_ordinance or aistrict boundary change must go to the Town Council for final action.
I.
retitf out" y'h/tq
-oF
A .HANGE ffioHT8fi-i3il "o*oo*r""
This procedure is-reguired for any amendment to the zoning ordi.nance or for a request ror'a-oist.i.t-ilt"ndary change
B. NAI4E oF pETrrroNER,s REpREsnNrerzvnlfu4,l L/orerz,s NDruss
HoNE_.1Z6:!r-b7.
c.NAME 0F 0l,lNER (print or type) Bcqe p,vee TQ ADrN6 Co.
SIGNATURE f"w ,r{1
ADDRESS
PHoNE c/86 l g1s
D. LOCATTON OF PROPOSAI,
ADDruSS
T.,EGAL DESCRTPfION fot Ufocf tifing
E. FEE
F. A list
subject
$100.00. PAID
all property adjacent to the of the names of owners of property, and their mailing -J , <uru ulerr mailing addreSSeS.
.' \
Qa'*oan toJle Jo,i th^d,^n, ( u)t 51 ,- lJok-l)
(ooo 9, {auclaV Q4,vJn>+t/ar I
.r , . /" a t n t,l IIlva.L UDwdlowwwa- .Assoc tda-oLL
I ooo S , fnu*a.y (?d, dtsi Ua r I
CWt (oudo,.utr**^- fgsoctc{ro*
looo s
btoa o{ Vc''l
, trvondacy Pd. y.Jrs'f t/a, /
( Sr'.o*i[-*"1)
_/\/
,,tt'4. h tJ \ 5/')o./'l /,/
(0vER)
A. The petition sharl incrude a sumrary of the proposed revision of the regulations, or a complete_discription oi tr," pi"pJ!"a changes in district boundarils and i-rip-i"oicating the existj.ng : ' and proposed district boundaries-. nppri"unJr"st subnit written aBd/or graphic naterials stating the reasons fo, r"q,r"si.
III. Time Requirements
The Planning and Environmentar commission meets on the 2nd and 4th l'londays of each month. A petition witrr-lrre necessary accompanying material must be submitted four - r""i= piior to the date of the meet-ing' Following the Planning and snviro;lmental commissiorr-rn"eting,.j alr amendments to the zoning ordinance "i-ai"[riil;;;ilq, crrange must 90 to the Town Council for final _"i:_orr.
Petition form for Amen. tlo.i.s ora or Reguesr rorQ.r,ge in uofi8:ri."
II. Four (4) copies of the followi_ng information:
't^''"-t.
o
A.
B.
c.
NAME OF
MAIL ING
NAME OF
MAIL ING
NAME OF
OI,INER'S
MAILING
LOCATION OF PROPOSAL
LOTS BLOCKS SUBDIVISION 4DO 4
DATE
APPLICATION FOR
MINOR SUBDIVISION REVIEt,l
(4 or fevrer lots)
APPL ICANT PH0NE {76 -660u
ADDRESS oo 9, Crcw.ta Q4, tilt++Ut
ADDRESS l,,Jt+t Ve r 7 PH}NE A'\b (a6oA
PR0PERTY 0WNER (print or l. r t type) ln6uek -.(<.t, L I 7
SIGNATURE PHONE V7b -66o>
APPLICANT'S REPRESENTATIVE A^J", s(ou,I i
ADDRESS ,ow 9, €or"loV (J, ilos+ fat / .
D.
F.
F IL ING
E. FEE $] 00. 00 PAID
G.
H.
I.
MTERIAL TO BE SUBMITTED ;
The subdivider shal'l submit three (3) copies, two of which must be my] ars,gt lle pl9p9sal fo1low'ing the requirements for a final plat as found fn Section 17.16,.|30 of the Subdivjsion Reguiatjons, Certiin of these requirements
Py !e waived by the zoning administrator and/or the Planning and Environmental
Commission if determined not app'licab'le to th! project.
An environmenta'l report may be required if so stipu'lated under chapter 19.56 Environmental Report qf the zoning code.
The Department-of community_Deve1 opment will be responsible for seeing that the approved plat is promptly recorded with the Eagie County Clerk ani Recorder.
Inc'lude a ljst of all adjacent property owners and their mailing addresses.
DESIGN REVIE|'l BOARD AGENDA
April 18, .|984 2:00Pltl
I. Call Meeting to 0rder
II. Roll Call - Determination of Quorum
III. Agenda Iiems
10 I.
2.
3.
IV.
Exterior Modification to Vail Valley 3rd Filing, Lot
0sborne Addition - Vai'l Village 'lst, Block 1, Lot 13
New Business
V. 0ld Business
Pub'lished in the Vail Tratl *April 12, 1984.
.l Ik!':.,1(l treltI ()i .\i(!t!i.'i!.iti. ; ttl.
April- L6, L984
Mr. Peter Patten
Assistant Director of Planning
Town of Vail
75 S. Frontage Rd.Vail-, CO 8L657
Dear Peter:
In order to obtain and submit additional infonnation for
the amendment to the Special Development District 4,
pLease postpone the hearing before the Planning Environ-
mental Corunie$i-on untll- May 14, 1984.
Sincerely,
n/)i t I i/(/l^di//,, Utt l-a
Andrew D. Norris
Generatr. Partner
ADN/js
luontane(b4X,ranon'IIarlgin8C't\kr4lI'.lrtLf|(X.!)\it.ti':|:|,,}r1||].1|,t|t,a'+{i's!'|'uil.(ilklrultlt]1657.33/476.K{)2
A IX't'clopt,tctrt ()l tlla,6|ield. Ltd.
December 23, 1980
t"Ir. Peter Patton
Planning Director
Town of Vail P. O. Box 100 Vail, Colorado 81557
Re: Cascade Village.
Dear Peter:
Pursuant Lo our previous conversation regarding the landscape plan for Cascade Village, please find enclosed a plan and key
sheet of materials, together with separate budget estimates for:
1. llotel 2. CMC Building 3. PLaza Building 4. Bicycle path.
Should you have any questions concerning this material , please
don't hesitate to contact. me.
JI^I/ jh
enclosures cc: Andy Norris
Sincerely-,
Jere tr{alters ject Direct
LI()ntane (?)4x)ratio,t, Mawtgittg Genen lltrtncr c Iktx )9tl.lttil. (.rtkttzttkt 8165' o -t().li i764U.tu
ROMA
Itlarch 26, 1984
l.lr. Peter Patten
Planning Department
75 South Frontage Road
Vail, C0 81657
RE: llestin Hotel Addition
Dear Peter:
Enc'losed find our calculatlons for the allowable building height for the
addition of the Temace lling to the Nestin Hotel in Vail.
As we discussed last Friday by phone, this calcu'lation is based on the
method used ln calculating the allowab'le height of the original hotel.
Please give us a call if you have any questions.
Veny truly J,ours,
ftlotQ,//fr4
Robert B. Howell
RBH: smk
cc: Jere l{al ters
Encl osure
Architccturc , lntcrior Dcsign . Urban D.slgn . Planniry
Ccorgr T. Rotkkc, EALA, IICP, .l.SL/,
Robert A, Odcrmatt, FAIA
hris Dranor, UA, AICP
r 4zo S*tn Strut . San Francisco, CaliJornia g4r og . Tclcplnnc (+t I Zl S-+SSI
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Architccturt . Int.riot Dctign . Utban Daign . Plannirg
MEMORANDUM
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t4zo Suttn Strat . ian Franeisco,CaliJorniag4tog . Tclcplnnc (+tillS-+SSo
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PETER COSGRIFF
JOHN W. DUNN
ROBERT H, S. FRENCH
STEPHEN C. WEST
TIMOTHY H. BERRY
ARTHUR A. AEPLANALN JR.
JOHN B. WOOD
FREOERICK B.3KILLERN
LAw O FFrc ES
Coscntra DuNN & Fneucu, P
P. O. Box ll
LEADVI LLE, CoLoRADo 80:16I
(303) 4e6-rAA5
March 20, 1984
l^
BR ECKEN RI DG E O F FICE:
P. O, BOX s8a
ARECKENRIDGE, COLORADO 4O424
(303) 453-290 |
VAIL O FFIC E!
P. O. BOX 340
var L, coLoRAoo er65a
(303) 476 -75s2
Mr. Dick Ryan Director, Community Development
Town of Vail
75 S. Frontage Road Vail, CO 81657
Re: Blue River Trading Company - Mansville, Ltd.
Special Development DisErict ll4
Dear Mr. Ryan:
This is to advise you Ehat our client, Blue River
Trading Company, a Colorado corporation, owrler of that particular
properiy described on Ehe attached Exhibit "A", has no objection
to, and does hereby conse.nt to the inclusion of the property
described on said Exhibit "A" within Special Development DisErict
ll4 as set forth in the Town of Vail Zoning Ordinance. The
subject property is presently under contract to Mansville, Ltd.,
a Colorado Limited Partnership, and consent is hereby gi-vel to
the purchaser, Mansville, Ltd., to file any necessary applications,
documents, consent.s, etc. to include the- subject proPerty within
Ehe above referred to Special Development District.
If you have any questions concerning this matter'
please feel free to conEact me at the above address and
telephone number. Thank you.
\ours....@
,t'r/'j
Peter Cosgrif
PC: cal cc: Fred Otto, Esq.
Enclosure
,t
RESOLUTION
The foregoing Resolution was duly adopred at a regular meeting of the Board of Directors 6f BLLIE RIVER
TMDTNG coMPAl{Y held at the registered office of the corpora-tion at 131 west 5th street, Leadville, colorado, on wediresday.March 14, 1984 at which rime and place-all of th6 Direcrors 6i Brue River Trading company were present and in attendance and after full consideration hnd dis-cussion, unanimously adopted the foregoing Resolution:
BE IT RESOLVED, rha-r Blue River Trading Company hereby consents to the inclusion within special Developient bisirict #4 of the Town of Vail of its 1.05 acres as more particularly described in Deed recorded December 15, 1983 iir nook 374 at Page 910 and the proper officers of the Corporation be and are hereby autEorized and directed to take all froper and necessary
!!eps Eo effect qhe inclusion within said Special Developnent District ll4 of the subject real properry ani to execute irl proper documents, consents, application-s, -etc., to effect the and i.ntent of this Resolution.
I D0 HIREBY CERTIFY rhar rhe above and was duly adopted on March l-4, L984 at a of the Board of Directors of Blue River
meeting
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(ar'a a. 4***uaror A. Lucero, Assrstant
Secretarv
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A tract
Section
tbe 6th of the
fol lows
of land situated in tbe SW ll4 NE 1/4 of 12, Township 5 South, Range 81 West of Principal Heridian, lying Northwesterly center line of Gore Creek described as
Beginning at a point whence the Nortb Quarter Corner of said Section 12 bears N. Il'03' W.2292.72 feet; tbence S. 86"02 '30', E. 89.50 feet; tbence S. 54'42'30" E - 169.88 feet; tbence S. 33'16'30" E. 140.12 feet to a point in the center of said creek; thence S. 65o34, W. l}g.62
!""! along the center line of said creek; tbence S. 69o04' I,J. 9().78 feet alonR the center line of
sa id creek ; thence n* . 23"12 '30" l,J . 317 . 54 f eet to the point of beginning, contajning 1.05 acres,ttlor€ or less.
EXHIBIT ,'A''
ALSO DESCRIBED
I;e6:inr:inp at a point r.rhence tfre liorth euat-ter '-,c,: ner of r.i,i C lleci_i or. li r,r r-rs 1... ll,(r:l' l,J.l29i.t-/ tee"; Lhenc€ S. ti,L':, '14'' t. tj9.t,t. feet:thence S . 5l' 25' 30" E . 169.46 feet ; rhence S .
32"59 '30" E. 141.47 feet to a Doint in the center of said creek; thence S. 65'31'36" ht.709.62 feet along the center line of said creek;thence S. 69'01 '36" l^r. 103.02 f eet al ons. the center j jne of said creel:; Lhenee ll . 23i:24,e9,'l'J, 379.Ct9 f eet to the point of beginning.
TOGETHER LJITH an easenent as described in Document recorded August 5 , 198(i in Bool: 306 at pae.e 443 a7,. Tc.cc,rCed i;: iic,oi. ':C,,. at i,ale E( oi thi.Eagle County Iecords
ALSO including all warer and well rights appurtenant to tbe above described property,jncludr'ng wirhour limitat jon, VJel I Periit i.lo.94702, lrater righrs decreed in Civil Acrion No. 2375 in Eagle County District Court, and all that portion of nater righrs decreed in Case No. 80 CLr 410, I^'ater pivision No. 5.(Gore lio. 1We11 - 0.05 cfs)
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75 soulh trontage ,oad
vail, colorado 81657
(303) 476_7000
January 3l, .|984
Mr. Andy Norris .|000 South Frontage Road West Vai1, Colorado 81657
ofllce of communlty developmenl
Re: Cascade Village
Dear Andy:
Regarding the proposal for the Terrace l.{ing, the following information should be part of the application:
'1. Application with the specifics of the request.
2. Site plan or mode'l containing the fol'l owjng .i nformat.ion.
a. Existing and proposed contours after grading for each phase.
b. A,conceptual site plan, at a scale not smaller than one inch equals 50 feet, showing the 'locations and dimensions of all buildings'ina-structures' uses therein, and all principal site developrenl"ieiiures,such as landscaped-areas, recreational ficilities, pedeitrian ptaiai-'and walkways, service entries, driveways, and oii-sireet and l;.di;g areas.
c. A conceptual landscape pran, at a scale not smalrer than one inch equals 50.feet,. showing' existing randscape teaiures iJ-u"-"etifn"o or removed, and.showing proposed landscaiing and landscaped siie--developrnent_features such ai outdoor "eci^euiional iici'lilies, Uicycte paths' trails, pedestrian prazas and walkways, watei featurei ina"- -
other elements.
,a
Norris 1130/84 -2-
d.
e.
f.
Pref iminary building sections and floor.p'l9nl 9t.3 ::t19-not-smal'lcr
than one ihch equa'l i 20 feet, in suffiCient detail t0 oetermlne
floor area, gross residentiai floor area, genera'l -uses within the
Uriiairgi,'aid the g"n"rui icale and appeaiance of the proposed
development for each development area.
A proposed plan of parking, loading,-traffic circu'l ation' and transit
facilitjes; ano a p16por"d'p."g"ur" for satisfying traffic and trans-
portation needs generated by the project'
A vo] umetric model at a scale not sma'l ]er than one inch equals 50
i"ii,-piilriying-the-siaie-anO relationshjps of the. Oropolgd deve'lopment
io-it""it" ind-ilf rsiiiting the form and inass of the proposed bui'ldings
for development areas A, B and D.
C'learing up the unit count for
of an accormodation unit and a
Accommodation Unit
',Accormodation unit" means any room or group of rooms without kitchen
f;;iiili;; aeiignea r;;-; aJipted to oicup'ancv b{ 9!::!:-und accessib'le
from common corriOoril'*iili,-5i-Ualconjes'withoul pass'ing through-another
accommodation unit or'anei iing unit. Each acconrnodatjon-unit shall
b;;fiili ii one-nair-oi a aietling unit for purposes of calculating
allowable units Per acre.
Dwelling Unit
"Dwelling unit,,means any rogm 9r group of rooms in a two-family or
rriiipiir:rimi iv uuiiiing"*iih ritcien facil ities designed-for or used
b; ;;A iami]y is an i;;;p;il;"l housekeepins uni!' , A.dwe'l'lins.unit
i"r, i ilriiipi-e-ramity ilii;i;g ;ay includi oie attached accormodation
,liii .o iai.ger ttran"one-tfii;[ oi the total f'loor area of the bui1djng'
Since you were not going to.be close on density, the four lock-offs
i;;;irnit in tne dt'rc 5uilding were not an issue at that time'
cormercial space previously approved was for the entire-site. You need
io i"qrest a'ctrange, ai-ioir ai^b anticipating more than 21,000 square
feet.
Anv chanqes in the SDD ordinance to bring it total.ly up to date should
be'made 5nd jnc1 uded in your application for amendmenl'
Fireplaces are not al'l owed in accommodation units. You must request
a variance if You want them.
3.the entire area A.
dwel I ing unit.
Below are the definitions
J
4.
5.
6.
Norris ll3l/84 -3-
7.l,le should review the parking requirements for the entire site again to insure that there are no prob'lems. A study of your past par[ing
demands wou'ld be helpful.
8. You need to submit to us written iustification for the additional lodge
rooms and cormercia'l space.
Sincerely, ..,(--\. I J),k {t lrh
DICK RYAI{ / '/\Z
Director of Cormunity Development
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anended to Provide for ProPer
WHEREAS, The Planning
land develoPnent and use; and'
Comnission has considered and studieil
t-,3h\ 6*,J^
of flouing Natcr
's
AN ORDINANCE AMENDING ORDINANCE NO' 8' SERIES.OF
!g73, THE ZONTNG onbrnucE OF THE rowN oF vArt;
PROVIDING NEW ON NT"TEINED DEFINITIONS; STREAM.
SETBACXS; AMENDINC VNNTOUS REQUIREMENTS AS TO
DISTANcEs BETWEEN BUitorncs, oensrrY CONTROLS',
SITE COVERAGE, T,NHO;iNPiTIG,.NUTINING BULK CONTROL'
pARXING REQUrne uii'iiil userBLe--oPEN sPAcE ' LocA-
TION OF BUSINESS EiiiVTTTTS IN COMMERCIAL CORE
r zoNE, PERMITTEn' ulis rN PUBLIc 'A'ccoMl'toDATroN
zoNE, AND GASOLrlle-irnvrcE STATIONS rN HEAVY
sERvIcE orsrnrctl-lui-r',ioillc PARKTNG AND LoADING
REQUIREMENTs; rxirlini neQurnevENrs FoR DESTGN
REVIEW APPROVAL i.II.ii-iNViTiONMENTAL IMPACT REPORTS; I
sErs NoIsE nrsrniiiloiis-ion REsTAURANTS ' BARs AND
SIMILAR USES; IOii-I,-PUSLTC USE DISTRICT AND
GREENBELT nno nnilur,-opill sPAcE DrsrRrcr; AND'sETS
FoRTH DETAILs rN-niilrroll ro THE FoREGoTNG' '
WHEREAS,the zoning ordinance of the Torin of Vail needs to
be
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the anendrnents proposed and the reconnendations of the staff of the
Town of Vail and tecornmended the same to the Town Council; and
WHEREAS, the Town Council is of the opinion that said
anendnentsaTenecessaryfortheProtectionof
ty and welfare;
the public health, safe-
NOW,THEREFORE, be it ordained bY
Town of Vail, Colorado, that:
the Town Council of the
Section 1' All section references herein refer to Ordinance
No. 8, Series of !g7g, the zoning ordinance of the Town of Vail' and
to subsequent anendnents thereof' unless otherwise specifieil'
Section 2' Section 1'600 Definitions is anended by the re-
peal of definitions in conflict herewith ancl the adoption of the
fol lowing:
Creek or Strean: Naned bodY
I Dwelting Unit: AnY
or nultiPle fanilY building
or used bY one fanilY as an
roon ol grouP of roons in a
with kitchen facilities de-
indePendent houselieePing unit'tro-farniIY
signed for
a d e,
't
A dwelling unit in a
acconnodation unit no
area of the dwelling'
multiPle fanilY
l arger than one
building naY
-third (t/ 3)
inclucle
of the
one at t a ched
total floor
provided that the distance
elevation at an/ Point adj
(10) feet'
Height: The average of the vertical distances between
thefinishedgradeofaStTuctureatthelowestpoint,thenidpoint,
and the highest point of each exterior wall rnore than 20 feet'in
length. Vertical distances at each point of each wa11 shaIl be to
the coping of a flat roof' to the deck line of a nransalf'roof' or to
the highest ridge of a sloping roof'
Finished Grsge: Finished ground leveI '
between natural grade and finished ground
oining the stTucture nay not exceed ten
s
(
unascaoing or siie lmptpys:gEn L-: Planted areas and plant inaterials ' in-
cluclingtrees,shtubs'lawns'flowerbeds'andgroundcovertogether
o
with clecorative elernents such as walks' decks' patios' terraces' uater
features, and like features not occupying tnore than 20 percent of a
lanilscaped area' For the PurPoses of this ordinance' natural or
significantrockoutcroPPinss,tTeesornativevegetationshall.bedeel
landscaping in a single-fanily' two-farnily' residential cluster and
low density nultiple fanily districts'
Recreation Structure: Any covering erected over
Tecreational anenity such as a suirnrning pool or tennis coutt which
not a seasonal structure' for the purposes of this ordinance' re-
creationstructuresshallconstitutesitecoveragebutshallnotbe
subjecttobuildingbulkcontrolstandards.AnyrecreationstTucture
shall require a conditional use pernit in accord with Article 18
hereof.
Seasonal Use or Structure: A tenPorary coverlnS'
erected over a recreational arnenity such as a sni-nning pool or tennis
court for the PurPose of expanding their use to the c-old r'reather raont
Such seasonal colers roal not be in place for nore than seven (7)consec
Donths of any tHelve (12) nonth period' For the Purposes of this or-
dinance a seasonal use or structure shall not constitute site cover-
age and shall not be subject to building bulk control standards' An)
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Floor Area: The sun of the gross hori.zontal areas of all fLoors of t1T3
a builcling, including habitaJcle or gseable 1:enthouses, arr:as befsw
ground $hich a-re habitable, and attic space' but not including
uni.nhabitable or r:nuseable areas belorv groulid or in attics, and
not including areas designed for parking or loading rvithin the
building.
Floor Area, G::oss Residential: The total floor area rvithin the enclosing
wa1ls of dwelling units or acccnmoda.tions units, ipcluding closets,
service areas, and interior $alls rvithin the units, but excluding
balconies, ha11says, corridors, stainvells, gaJages, a'rrd serrriee areas
outsicie the drvelling r:nit or acconnrcdation unit euclosures, and
uninhabitable beatiug or mechanical equipnent areas'
@a.de, or Average Grade: The average of the finistred ground 1eve1
at the midpoint of each of tbe exterior rvalls of a structgre, excludi.ng
walls 20 feet or 1e-ss in length, provided that distance between the
grade and the finistred gfound elevation at the lori'est point adjoining
the structure shafl, not exceed by niore lban 25 per cent the height
l-irn-it of the district in r',hich the structure is loeated.
I{abitable:
neetilg, or
Any area desigred for sleepi:rg, living, cooking, dining,
recreation as applied to floor area.
Hej-ght: The vertj-ca1
and the highest point
to tbe deck line of a
roof.
" "atu"r'.lrl
.,'l'1,il1;
I
t-10 rev. -J
distance betvreen the ave::age grade of
of the structure, or to the coping of
ma-rrsard roof, or to the higbest ridge
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NOW, THERETORE, BE rr ORDAINED BY THE TOWN COUNCTL Or. THE
TOY{N OF VArL, COLORADO, THAT:
Section 1. Sections 18,04.060, 18.04'130, 18.04.140, 18.04.150,
and 18.O4.17O DEFINITIONS are repealed and reenacted to read as
follows:
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18.04.]4O CREEK OR STREAII
"creek', or "stream', means a body of flowing water indicated
as a "perennial stream" on the most recent U.S.G.S. topo-
graphic map of the area.
18.04.130 FLOOR AREA, GROSS RESTDENTTAL
Gross Residential Floor Area is defined as the total floor area
within the enclosing watls of a structure, including all habitable
areas, greenhouses, |ndoor recreational facilities, and storage
areas with a ceiling height of greater than six (6) feet six (6)
inches, excluding the following: Crawl spaces, attic areas with-
out a ceiling height of greater than six (6) feet six (6) inches,
solar heating storage areas, mechanj-ca1 areas, and areas designed
for parki-ng and loading. Overlapping stairways sha11 orlly be
counted at the lorvest level.
For Single Family and Two lFamily Residences, a maximum of 3oo
square feet per vehicle space with a maximum of 2 spaces per
dwelling unit will be allowed for enclosed garages. There
sha1l also be a maximum of 50 square feet gi"ven for mechanical
areas and 25 square feet given for air locks. Any square footage
over the maximum for either the gaTage, the mechanical areas or
air locks will be counted as Gross Residential Floor Area (GRFA).
For buildings containing more than 2 dwelling units, an addi-tional
GRFA of up io 2Q% of the a1lowable GRFA on the site shal1 be allowed
for eommon corridors, common stairways, cornmon ha11ways, common
closets, lobby areas, and enclosed common recreational facilities.
Anything in excess of this 2o% wil_I be deducted from the GRFA
allowed on the si-te.
18.04.140 GBADE, EXISTING
The existing grade shall be the existing or natural topography
of a site prior to construction.
18.04.150 GRADE, tr'INrSHED
The finished grade shall be the grade proposed upon completion
of a project.
.L70 HEIGHT
r r
ri
from the existing
restrictive), at
or mansard roof or
grade or
any given
to the
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roof,
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r Section 2. Sections 18.10.080, 18'12'08O, 18.13.075, 18.14'080,
18. 16, 080, 18. 18. O8O, L8.20. 080, 18. 22.080, L8.24. 120, 18 .26.O9O'
18.28.090, 18.30.080, and ].8.32.080 "HEIGHT" are repealed and reenacted
to read as follows:
Sections 18.10.080, 18.12.080, 18.13.075, 18.14.080 and 18'32'080
HEIGHT
For a flat roof or mansard rood, the height of buildings shall
not exceed thirty feet. For a sloping roof, the height of
buildings shal1 not exceed thirty-three feet.
Sections 18.16.080, 18.18.080, 18'28.090, and 18.30.080
HEIGHT
For a flat roof or mansard roof, the height of buildings sha11
not exceed thirty-flve feet. For a sloping roof, the height
of buildings shall not exceed thirty-eight feet.
Sections 18.20.080 and 18.22.080
HEIGHT
For a flat roof or mansard roof, the height of buildings shall
not exceed forty-five feet. For a sloping roof, the height of
buildings shall not exceed forty-eight feet.
Section L8.24.A2O HEIGHT
For a flat roof or mansard roof, the height of buildings sha1L
not exceed thirty-five feet. For a sloping roof the height of
buildings sha1l not exceed thirty-eight feet. These restrictions
pertain unless otherwise specified by the Vail Village Urban
Design Guide Plan and Urban Design Considerations.
Section 18.26.090 HEIGHT
For a flat roof or mansard roof, the heights of buildings sha1I
not exceed forty-five feet. For a sloplng roof, the height of
buildings sha11 not exceed forty-eight feet. These restrictions
pertain unless otherwise specified by the Vail Lionshead Urban
Design Guide Plan and Urban Design Considerations.
Section 3. Section 18.58.100 lrExcepTlons To Height Limit" is hereby repealed'
Section 4. The title and introductory paragraph of Section
lE.EE-.om is repealed and reenacted to read as follows:
18.69.050. SPECIAL RESTRICTIONS FOR DEVELOP}IENTS ON LOTS WHERE
THE AVERAGE SLOPE OF THE SITE BENEATH THE PROPOSED STRUCTURE AND
PARKING AREA IS IN EXCESS OF THIRTY PERCEI'IT IN SINGLE-FAMILY
RESIDENTIAL, TIyO-FAMILY RESIDENTIAL, AND TIyO-FAMILY PRIIIARY/
SECONDARY RESIDENTIAL ZONES.
The following additional special restrictions or requirements
sha11 apply to development on any 1ot in a single-family
resldential, two-family residential or two-family primary/
secondary residenti a! zone district where the average slope
of the site beneath the proposed structure and parking area
is in excess of thirty percent.
Section 5. Section 18.14.02OC
FermltteA Uses is repealed and reenacted to read as follows:
18.14.O\OC MuItiple-family residential dwe11i-ngs, ineluding
attached or row dwellings and conclominium drvellings with no
more than 4 units in any new building.
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