HomeMy WebLinkAboutFOREST GLEN SUBDIVISION COMMONFILT COPT
10m{0FIIilt
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.vailgov.com
Senior Planner
Cc: File
March 8. 2005
Nancy and John Snyder
4420 Glen Falls Lane
Vail, CO 81657
Re: Minor subdivision for Forest Glen SuMivision to allow for interior conversions in Special
Development District No. 27lLots 1-14 Forest Glen Subdivision
Mr. and Mrs. Snyder,
This letter is being sent to inform you that it recently came to my aftention that your application for a
minor subdivision, PEC 01-0001 approved by the Planning and Environmental Commission on April 24,
2001, to replat the Forest Glen Subdivision to allow for the use of the interior conversion provisions of the
Code was never completed/recorded as we currently have two copies of the plat which- do not.have the
Title Certificate and Certificate of Taxes Paid completed by the appropriate parties. lf you still wish to
complete your application by recording the Amended Final Plat for Forest Glen Subdivision please retum
the inclosed plit's with the Title Certificate and Certificate of Taxes Paid completed by May 13' 2005'
along with a check for $21.00 made out to the Eagle County Clerk and Recorder for the fees to record
the plat with Eagle County.
On May 13, 2005, your application, will be officially withdrawn.and the Planning and Environmental
Commiision approvil will no longer be valid if the enclosed plats have not been returned completed and
ready for fiting'witn the County. lf you do not wish to proceed forward with your application there is no
need to respond to this letter.
Please review these comments regarding the recording of your final plat and if you have any questions
regarding this letter please contact me aI970479'2148'
Witf regards, 71
'hJu^^6Wanen Campbell
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oa
TOWN OFVAIL
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci.vail.co.us
May 23, 2001
John Snyder
Fax: 479-1730
RE: Minor subdivision for Forest Glen Subdivision to allow for interior conversions in
Special Development District No. 27
Dear John:
The Community Development Department has discussed your difficulties in acquiring all
of the signatures necessary to complete the minor subdivision process for Forest Glen
Subdivision. Staff has identified one possible solution: to appoint one person as power
of attorney to sign the plat on behalf of all owners and entities with any inlerest or
ownership within Forest Glen. Written verification that this person has power of attorney
is required. I have included the original "Certification of Dedication and Ownership" from
the Forest Glen Subdivision plat. At that lime lhe land was under single ownership,
listed as Timberfalls Associates. I have copied that portion of the plal and attached it for
reference.
I also researched the Forest Glen file, and the only name that I could locate regarding
any sort of association is Timber Falls Associates.
Should you have any questions, please do not hesitate lo contact me aI970-479-2369.
Sinperely, n/lr/, . y'/"r
l-tl//,t4W--
Allison Ochs
Planner ll
Town of Vail
{g *"no"o r r""
cERrrFrcA.O* o" DEDT.ATT.N AND o*r*O"
KNOW ALL MEN BY THESE PRESENTS TFIAT the undersigned being soleowner(s) in fee sirnpre of alL that real property situated in theTown of Vail, Eagle County, Colorado, described as follows:
A.pirbel of land situated in the south one-haLf of Section 12,Township 5 south, Range 80 west, of the sixth principal Meridian;Town. of Vai1, Eagle County, Colorado,. said parcel being moreparticularly described as follows:
Beginning at the Southeasterly corner of Lot S, Bighornsubdivision Fourth Addition,' Thence arong the south Line of-saidsubdivision the fotlowing two courses:. 1. 567o00 | 00rr E a distance of 249.00r ;2. S82oO0r00rr E a distance of 90.00'iThence leaving said south line, S 31035'25rr W a distance of456.L9t; Thence S 39o42t33rr W a dj.stance of L37.91r,. ThenceS 62"22 135n W a distance of L77.L7t; Thence N 33o44r59rr W adistance of 502.261 to a point on the east Line of Lot 1, BighornEst,atesi Thence N 33o3Gt0orr E arong said east line a distanCe of358.13r to a point on the southeasterly right-of-way line of Nugget,Laner' Thence along said right,-of-way, 94.99' along the arc of a65-001 radius curve to the left whose long chord bears N 56010r32'rE, a distance of 79.06rto a point of tangency,. Thence continuingalong said right-of-way, N 18o43rOO'r E a distance of 48.31rto ipoint on the south line of said Bighorn Subd,ivision, FourthAddition; Thence along said south line, s eq.3oroor E a dist.ance of50.80',' Thence continuing along said south 1ine, S 5loOOrOOrr E adi-stance of 155.oot to the point of Beginning, containing 326,716square feet or 7.500 acres, more or less;,Town of Vail , EagleCounty, Coloradol have by these presents laid out, plat,ted indsubdivided the same into lots and brocks as shown on- this finalplat under the nane and style of FINAL PLAT OF FOREST GLEN, asubdivision j.n the Town of Vail, Eagre county, cororad,o; and d.oeshereby accept the responsibility for the cornplet,ion of requiredirnprovernentsl and does hereby dedicate and s6t apart atl of tnepublic roads and other pub).ic improvements and, praces as shown onthe accornpanying prat to the use of the public foreverl and does
lereby dedicate those porti.ons of said rea] property vhich areindicated as easement on the accompanying plat ai easements for thepurpose shown hereon,'and does hereby grant the right to installand rnaintain necessary structures to tne entity responsible forproviding the services for which the easements Jre established.
Execured tnis @ day of h*w;f , A.D. Lss2
TTMBERFALLS ASSOCTATES,a Colorado cenera IPartnershipBy: RAD FIVE Limj-ted LiabilitvCompany, a Wycn.ing Limited
T.i -rhi I i {-rr na+^-*'.r eJ l-v-|lrJ!:,1,1] , \rgt lg! d,I
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COUNTY OF
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Planning and Environmental Commission
ACTION FORM
Department of Community Dq/elopment
75 South Frontage Road, Vail, Colorado 81657
teli 970.479.2139 fax: 970.479.2452
web: www.ci.vail.co.us
Project l{ame: Snyder Minor Subdivision PEC Number: PEC010001
Project DescripUon:
Interior @nversion - Crawlspace
Participants:
OWNER NANCY COBURN SNYDER 1990TRU01/02/2001 Phone:
C/O ELSER ENTERPRISES, INC
777 E WISCONSIN AVE, SUITE 3365
MILWAUKEE WI 53202
License:
APPUCANT ROBERT CMWFORD 011021200L Phone: 970-904-1361
PO 3832
Eagle, CO 81631
License:
ProjectAddress: 4420 GLEN FALLS LN VAIL Location:
Legal Description: Lot: 10 Block: Subdivision: FOREST GLEN
Parcel Number: 210112313010
Comments: approval not final until plat recorded
BOARD/STAFF ACTION
Motion By: Doug Cahill Action: APPROVED
Second By: Chas Bernhardt
Vote: 4-0 DateofApprovalz 0412412001
Conditions:
Cond: I
(P|-AN): No changes to these plans may be made without the written consent of Town of
Vail staffand/or the Design Review Board.
Planner: Allison Ochs PEC Fee Paid: $250.00
NNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING RESULTS
Monday, January 22,2001
PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME
oPLA
MEMBERS PRESENT
Galen Aasland
Chas Bernhardt
Diane Golden
Doug Cahill
Site Msits :
MEMBERS ABSENT
Brian Doyon
John Schoffield
c, \\.v-t)t
t (
12:00 pm
2:00 pm
l:00 pm
1. Hilb residence - 1552 Matterhom Circle
2. Dor6 residence - 100 Vail Road
3. East and West Meadow Drive Streetscape
NOTE: lf the PEC hearing extends until 6:00 p.{n., the board may break for dinner from 6:00 ' 6:30 p.m.
Public Hearino - Town Gouncil Chambers
1. A request for a variance from Title 14, Vail Town Code, to allow foJ 4' and 6' walls within the front
setbdck, located ai 100 Vail Road/Lol 35, Block 7, Vail Mllage 1o Filing.
Applicant: Bill Dor6Planner: George Ruther
MOTION: Doug Cahill
DENIED
SECOND: Diane Golden VOTE: 4-0
A request for a minor subdivision, to allow for the division of an unplatted tract of land into
twa lots, and a request for a rezoning from Residential Cluster Zone District to Single-Family
Residential Zone District, located at 1552 Matterhom Circle/SW % of Section 12, Township 5
South, Range 81/ West of the 6th Principle Meridian.
Applicant: Dave Hilb
Planner:Bill Gibson
MOTION: Chas Bemhardt SECOND: Diane Golden VOTE: 3-1 Galen opposed
APPROVED - MINOR SUBDIVISION
MOTION: Chas Bemhardt SECOND: Diane Golden VOTE: 3-1 Galen opposed
APPROVED - REZONING
2.
Driver: George
3. A request for a minor subdivision, to allow for interior conversions within the Forest Glen
Subdivision, located at 4301-4480 Glen Falls Lane/Lots 1-14, Forest Glen.
Applicant: Nanry SnyderPlanner: Allison Ochs
MOTION: Doug Cahill SECOND: Chas Bernhardt VOTE:4-O
APPROVED WITH 2 CONDITIONS:
1. That the applicant files the amended final plat of forest Glen Subdivision within one year of
the Planning and Environmental Commission's approval. The amended final plat must be
signed by all property owners within Forest Glen as identified by the Eagle County Assessor.
It is the applicant's responsibility to collect all signatures. No applications for interior
conversions will be accepted by the Department of Community Development until the plat
has been filed with the Eagle Counly Clerk and Recordefs Office.
2. That the applicant corect the lot sizes for lots 4 and 5 prior to the submission of the
mylar for the Amended Final Plat for Forest Glen Subdivision.
4. A request for a recommendation to the Town Council on proposed amendments to Title 12,
Town of Vail Code (Zoning), to allow for the creation of lhe "Housing Zone District."
Applicant: Town of VailPlanner: Allison Ochs
MOTION: Diane Golden SECOND:Doug Cahill VOTE:4-0
RECOMMENDATION OF APPROVAL TO TOWN COUNCIL
5. A request for a wo*session to discuss opportunities for improvements to the East and Wesl
Meadow Drive StreelscaPe.
Applicant: Town of VailPlanner: George Ruther
WORKSESSION - NO VOTE
6. A request for a final review of a proposed special development district to allow for the
construction of a new conference tacility/hotel; and a final review of conditional use permits
to allow for the construction of fractional fee units and Type lll employee housing units at 13
Vail Road / Lots A, B, C, Block 2, Vail Village Filing 2.
Applicant: Doramar Hotels, represenled by the Daymer CorporationPlanner: Brent Wilson
TABLED UNTIL FEBRUARY 12, 2OO1
7. Approval of January 8, 2000 minutes
8. Informalion Update
The applications and information about the proposals are available for public inspection during
regular office hours in the prqect plannefs office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please catl 479-2138 for information.
Sign fanguage interpretation available upon request with 24 hour notification. Please call 479'23ffi, Telephone
for the Hearing lmpaired, for information.
1
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
January 22,2001
A request for a minor subdivision, to allow for interior conversions within Forest
Glen Subdivision,located at 4301-4480 Glen Falls Lane/Lots 1-14, Forest Glen.
Applicant: Nancy SnyderPlanner: Allison Ochs
il.
BACKGROUND OF FOREST GLEN SUBDIVISION
Forest Glen Special Development District No. 27 was approved by Ordinance No. 36,
Series of 1991 . When approved, consideration was given to the geologic hazards on the
site, including a severe rockfall hazard, a moderate debris flow hazard, and a snow
avalanche hazard. In addition, the site was developed with respect to Gore Creek, the
flood plain, and wetlands. The unplatted sites were zoned Low Density Multiple Family,
which would have allowed for a total of 55 dwelling units. Special Development District
No. 27 approved 14 residential lots with a tolal of 62,700 sq. ft. of Gross Residential
Floor Area (GRFA). The GRFA limitations for each lot were then added as a plat note on
the final subdivision for Forest Glen.
DESCRIPTION OF THE REQUEST
The Town ol Vail, recbgnizing the need to allow for the safe conversion of interior spaces
(i.e. crawl spaces and vaulted spaces) into GRFA, without an increase in bulk and mass,
created the "lnterior Conversion" ordinance in 1997. The interior conversion allows
homes that were built prior to August 5, 1997 to convert spaces that were not previously
counted as GRFA into livable, useable space. However, Seclion 12-15-4D (Process)
states:
Applications for interior conversions to single-family, tvvo-family,
primary/secondary or multi-family dwelling units located in a Special Development
District (SDD) pursuant to this Section shall also be allowed without amending the
GRFA provisions of the SDD. However, properties with GBFA restrictions
recorded on the plat for the development shall be regulated accoding to
the plat restrictions unless the plat is modified to remove such restrictions.
The planning staff will review the application to ensure the proposed addition
complies with all provisions of the interior conversion section.
The applicant, Nancy Snyder, owner of Lot 10, Forest Glen Subdivision, submitted an
applicalion for an interior conversion in Oclober of 2000. While owners within Forest
ilt.
Glen are eligible for the "250 bonus", because of the limitation above, they are not
currently eligible for an interior conversion. The Snyder Residence has existing crawl
space which was not counted as GRFA. The "250 Ordinance" was used to allow them to
partially convert the crawl space into GRFA. The applicant was then informed that to
convert the remainder of the crawl space to GRFA, because the plat for Forest Glen
Subdivision limits the GRFA, a plat note must be added to allow for residenls within
Forest Glen to apply for interior conversions. All other requirements of the lnterior
Conversion section apply. The proposed plat note states:
lnterior conversions are permifted in accordance with the Town of Vail code in
addition to the GRFA restrictions listed on this plat. All interior conversions must
meet the requirements of Section 12-15-4 of the Town Code.
Though the Community Development Department is currently creating an exemplion plat
process, the applicant must request a minor subdivision lo amend the plat note. The
proposed amended final plat has been attached for reference, as has lhe applicant's letter
of request.
In addition, through the review process for the amended Forest Glen Plat, staff recognized
an inconsistency on the plat regarding the land use summary and the identified lot sizes.
The lot sizes as idenlified on the lots themselves are correct while lots 4 and 5 are
incorrectly noled in the land use summary. This inconsistency will also be amended as part
of this application. lt has no bearing on development potential.
STAFF RECOMMENDATION
The Community Development Department recommends approval of the request lor a minor
subdivision of Forest Glen Subdivision, to allow for interior conversions with in Forest Glen.
Staff's recommendation for approval is based upon the review of the crileria outlined in
Section V of this memorandum. Specifically, staff's recommendation of approval is based
on the following finding:
That the proposed minor subdivision plat complies with the review criteria and
requirements of Chapter 13 of the Town Code and development standards as
outlined in Special Development District No. 27 (Forest Glen) as adopted in
Ordinance No. 36, Series of 1991 .
Should the Planning & Environmental Commission choose to approve the minor suMivision
request, staff recommends the following conditions:
1. That the applicant files the amended final plat of forest Glen Subdivision within
one year of the Planning and Environmental Commission's approval. The
amended final plat must be signed by all property owners within Forest Glen as
identified by the Eagle County Assessor. lt is the applicant's responsibility to
collect all signatures. No applications for interior conversions will be accepted
by the Department of Community Development until the plat has been filed with
the Eagle County Clerk and Becorder's Office.
2. That the applicant correct the lot sizes for lots 4 and 5 prior to the submission of
tv.
the mylar for the Amended Final Plat for Forest Glen Subdivision.
ZONING ANALYSIS
Forest Glen Subdivision is zoned Special Development District No. 27. As a special
development district, the development slandards are prescribed by Ordinance No. 36,
Series of 1991, and by restrictions placed on the final plat of the Forest Glen Subdivision.
The Special Development District allows for the following:
Total Lot Area: 7.5 acres or 326,700 sq. ft.
Hazards: Possible Avalanche Influence
High Severity Rockfall
High and Moderate Debris Flow
Zoning: Special Developmenl District No.27
Standard Allowed bv SDD #27 Proposed
Selbacks
Height
Front:20 ft.
Rear: 20 ft.
Side: 15 ft.
no change
no change
no change
33 ft.
Site Coverage shallLandscaping 40%
Parking
GRFA
no change
not exceed GRFA no change*
no change
no change
no change**
12-10-10
Total: 62,700 sq. ft.
Lot 1 4500 sq. ft.
Lot 2 4500 sq. tt.
Lot 3 4300 sq. tt.
Lot 4 4500 sq. ft.
Lot 5 5000 sq. ft.
Lot 6 4000 sq. ft.
Lot 7 4800 sq. ft.
Lot B 5000 sq. ft.
Lot 9 4800 sq. ft.
Lot 10 4500 sq. ft.
Lot 11 4000 sq. ft.
Lot 12 4300 so. lt.
Lot 13 4300 sq. lt.
Lot '14 4200 sq. ft.
V.
*lnterior conversions do not increase the "allowable GRFA".
@verage will not be increased by allowing interior conversions.
Theretore, site
**lnterior conversions will be allowed on all dwelling units meeting the requiremenls
ot 12-15-4
MINOR SUBDIVISION CRITERIA
A basic premise ol subdivision regulations is that the minimum standards for the creation
of a new lot(s) musl be met. This subdivision will be reviewed under Title 13, Subdivision
Regulations, of the Town of Vail Code.
A. The first sel of criteria to be considered by the Planning and Environmental
Commission lor a Minor Subdivision application is:
Lot Area: Lot area as designated by Special Development District No. 27 and as
approved in the Final Plat for Forest Glen Subdivision.
Frontaoe: Frontage as designated by Special Development District No. 27 and as
approved in the Final Plat for Forest Glen Subdivision.
Dimension: Minimum dimensions as designated by Special Development Dislrict
No. 27 and as approved in the Final Plat for Forest Glen Subdivision.
Staff Response.'As there are no changes to any of the above standards, staff
believes that the above criteria have been met.
B. The second set of criteria to be considered with a Minor Subdivision application, as
outlined in the subdivision regulations, is:
The burden of proof shall rest with the applicant to show that the application
is in compliance with the intent and purposes of this Chapter, the Zoning
Ordinance and other pertinent regulations that the Planning and
Environmental Commission deems applicable. Due consideration shall be
given to the recommendations made by public agencies, utility companies
and other agencies consulted under subsedion 13-3-3C. The Planning and
Environmental Commission shall review the application and consider its
appropriateness in regard to Town policies relating to subdivision @ntrol,
densities proposed, regulations, ordinances and resolutions and other
applicable documents, environmental integrity and compatibility with the
surroundi.ng land uses and other applicable documents, effects on the
aesfhefics oftheTown.
The Specific Purpose of the Subdivision Regulations is as follows:
1. To inlorm each subdivider of the standards and criteria by which development
proposals will be evaluated, and to provide information as to the type and extent
of improvements reguired.
Staff Response; Staff has reviewed the minor subdivision lor compliance wilh the
applicable evalualion criteria. Upon the complelion ol our review the staff finds that the
proposed subdivision complies with the subdivision criteria.
2. To provide lor the subdivision ot property in the future without conflict with
development on adiacent land.
Staft Besponse.'Staff believes thal allowing interior conversions will not have any effecls
on development on adjacent land. In addition, the correclion of the land use summary to
correspond to the plat will clarify the development process for lots 4 and 5.
3. To protect and conserve the value of land throughout the Municipality and lhe
value ol buildings and improvements on the land.
Stafl Response.'Staff does not believe that the proposed subdivision will have any negative
impacts on the value of land in the Town ol Vail. Interior conversions are limited to those
additions which do not increase bulk and mass of the existing building.
4. To ensure that subdivision of property is in compliance with lhe Town's zoning
ordinances, to achieve a harmonious, convenienl, workable relationship among
land uses, consistent with Town development obiectives.
Statf Response.'According to sections 12-15-4 of the Town Code:
Purpose: The interior conversion section of this Chapter provides for flexibility and
latitude with the use of interior spaces within existing dwelling units that meet or exceed
the allowable gross residential floor area (GRFA). This would be achieved by allowing
for the conversion of existing interior spaces such as vaulted spaces, crawl spaces, and
other interior spaces into floor area provided the bulk and mass of the building is not
increased. This provision is intended to accommodate existing homes where residents
desire to expand the amount of usable space in the interior of a home. The Town has
also recognized that propefty owners have constructed interior space without building
permits. This provision is a/so intended to reduce the occurrence of interior building
activity without building permits and thereby furiher protecting the health, safety, and
welfare of the community.
Staff believes that allowing interior conversions within the Forest Glen subdivision is
consistent with the Zoning Regulations, Town developmenl objectives, and is necessary to
protect the health, safety, and welfare of the community.
5- To guide public and private policy and action in order to provide adequate and
efficient transportation, waler, sewage, schools, parks, playgrounds, recnsation,
and other public requiremenls and facilities and generally to provide that public
facilities will have sufficient capacity to serve the proposed subdivision.
Staff Response.'Staff does not believe lhat the subdivision will have any eftect on the
provision of public services.
6. To provide for accurate legal descriptions of newly subdivided land and to
establish reasonable and desirable construction design standards and
procedures.
Staff Besponse.'The proposed minor subdivision plat has been prepared in accordance
wilh the standards prescribed in the Town of Vail Subdivision Regulations. Staff linds that
the applicant has complied with the above-described criteria.
7. To prevent the pollution of air, streams and ponds, to assure adequacy of
drainage facilities, to safieguard the water table and to encourage the wise use and
management of natural resources throughout the Town in order to preserve the
integrity, stability and beauty ol the community and the value of the land.
Staff Flesponse.'Staff believes the minor subdivision requesl complies with the above-
described crileria.
The horcowners in the Forest Glen Subdivision respectfully ask for pfllp,irgbn to utilize
the 'lnterior C-onversion" section ofthe Town of Vail GRFA restrictiodb. lvleaning: The
homeourners in the Forest Glen Subdivision shall be ptrmitted to utilize alt ofthe square
footage under or in an attic space of a home as long as tlte Town ofVail codes are rct.
Specifically, please see Note # 9 ofthe Amended Final Plat ofthe Forest Glen
SuMivision
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TO:
FROM:
DATE:
SUBJECT;
MEMORANDUM 4-o
Planning and Environmental Commission
Community Development Department
January 22,2001
A request for a minor subdivision, to allow for interior conversions within Forest
Glen Subdivision, located at 4301-4480 Glen Falls Lane/Lots 1-14, Forest Glen.
Applicant: Nancy SnyderPlanner: Allison Ochs
il.
BACKGROUND OF FOHEST GLEN SUBDIVISION
Forest Glen Special Development District No. 27 was approved by Ordinance No. 36,
Series of 1991 . When approved, consideration was given to the geologic hazards on the
sile, including a severe rockfall hazard, a moderate debris flow hazard, and a snow
avalanche hazard. In addition, the site was developed with respect to Gore Creek, the
flood plain, and wetlands. The unplatted sites were zoned Low Density Multiple Family,
which would have allowed for a total of 55 dwelling units. Special Developmenl District
No. 27 approved 14 residential lols with a total of 62,700 sq. ft. of Gross Residential
Floor Area (GRFA). The GRFA limilations for each lot were then added as a plat nole on
the final subdivision for Forest Glen.
DESCRIPTION OF THE REQUEST
The Town of Vail, recognizing the need to allow for the safe conversion of interior spaces
(i.e. crawl spaces and vaulted spaces) into GRFA, without an increase in bulk and mass,
created lhe "lnterior Conversion" ordinance in 1997. The inlerior conversion allows
homes that were built prior to August 5, 1997 to convert spaces that were not previously
counted as GRFA into livable, useable space. However, Section 12-15-4D (Process)
slates:
Applications for interior conversions to single-family, tvvo-family,
primary/secondary or multi-family dwelling units located in a Special Development
District (SDD) pursuant to this Sectlon shall also be allowed without amending the
GRFA provisions of the SDD. However, properties with GRFA restrictions
recorded on the plat for the development shall be regulated according to
the plat restrictions unless the plat is modified to remove such restrictions.
The planning staff will review the application to ensure the proposed addition
complies with all provisions of the interior conversion section.
The applicant, Nancy Snyder, owner of Lot 10, Forest Glen Subdivision, submitted an
application for an interior conversion in October of 2000. While owners wilhin Forest
ilt.
Glen are eligible tor the "250 bonus", because of the limitation above, they are not
currenlly eiigible for an interior conversion. The Snyder Residence has existing crawl
space which was not counted as GRFA. The "250 Ordinance" was used to allow them to
partially convefi lhe crawl space inlo GRFA. The applicant was then informed lhat to
convert the remainder of the crawl space to GRFA, because the plat for Forest Glen
Subdivision limits the GRFA, a plat note must be added to allow for residents within
Foresl Glen to apply for interior conversions. All other requirements of the lnterior
Conversion section apply. The proposed plat note states:
lnterior conversions are permitted in accordance with the Town of Vail code in
addition to the GRFA restrictions listed on this plat. All interior conversions must
meet the requirements of Section 12-15-4 of the Town Cade.
Though the Community Development Department is currently creating an exemption plat
process, the applicant must request a minor subdivision to amend the plat note. The
proposed amended final plat has been attached for reference, as has lhe applicant's letter
of requesl.
In addition, through the review process for the amended Forest Glen Plat, staff recognized
an inconsistency on the plat regarding the land use summary and the idenlified lot sizes.
The lot sizes as identified on the lols themselves are correct while lots 4 and 5 are
incorrectly noted in the land use summary. This inconsistency will also be amended as part
of this application. lt has no bearing on development potential. i
STAFF RECOMMENDATION
The Community Development Department recommends approval of the request for a minor
subdivision of Forest Glen Subdivision, to allow for interior conversions with in Forest Glen.
Staff's recommendation for approval is based upon the review of the criteria outlined in
Section V of this memorandum. Specifically, staff's recommendation of approval is based
on the following finding:
That the proposed minor subdivision plat complies with the review criteria and
requirements of Chapter 13 of the Town Code and development standards as
outlined in Special Development District No. 27 (Forest Glen) as adopted in
Ordinance No. 36, Series of 1991 .
Should the Planning & Environmental Commission choose to approve the minor subdivision
request, staff recommends the following conditions:
1. That the applicant files the amended final plat of forest Glen Subdivision within
one year of the Planning and Environmental Commission's approval. The
amended final plat must be signed by all property owners within Forest Glen as
identified by the Eagle County Assessor. lt is the applicant's responsibility to
collect all signatures. No applications for interior conversions will be accepted
by the Department of Community Development until the plat has been filed with
the Eagle County Clerk and Recorder's Office.
2. That the applicant correct the lot sizes for lots 4 and 5 prior to the submission of
the mylar for the Amended Final Plat for Forest Glen Subdivision.
IV. ZONING ANALYSIS
Forest Glen Subdivision is zoned Special Development District No. 27. As a special
development district, the development standards are prescribed by Ordinance No. 36,
Series of 1991 , and by restriclions placed on the final plat of the Foresl Glen Subdivision.
The Special Development District allows for the following:
Total Lot Area: 7.5 acres or 326,700 sq. ft.
Hazards: Possible Avalanche Influence
High Severity Rockfall
High and Moderate Debris Flow
Zoning: Special Development District No. 27
Standard Allowed bv SDD #27 ProoosedSetbacks Front: 20 ft. no change
Rear:20 ft. no change
Side:'t5 ft. no changeHeight 33 ft. no change
Site Coverage shall not exceed GRFA no change"Landscaping 40/" no changeParking 12-10-10 no changeGRFA Total: 62,700 sq. ft. no change"*
Lot 1 4500 sq. ft.
Lot 2 4500 sq. ft.
Lot 3 4300 sq. ft.
Lot 4 4500 sq. ft.Lot5 5000 sq. lt.
Lot 6 4000 sq. lt.
Lot 7 4800 sq. ft.LotS 5000 sq. ft.
Lot 9 4800 sq. ft.
Lot 10 4500 sq. ft.
Lot 11 4000 sq. ft.
Lot 12 4300 sq. ft.
Lot 13 4300 sa. ft.
Lot 14 4200 sq. ft.-lnterior conversions do not increase the "allowable GRFA". Therefore, site
coverage will not be increased by allowing interior conversions.
**lnterior conversions will be allowed on all dwelling units meeting the requirements
ot 12-15-4
V. MINOR SUBDIVISION CRITERIA
A basic premise ol subdivision regulations is that lhe minimum standards {or the creation
of a new lot(s) must be met. This subdivision will be reviewed under Title 13, Subdivision
Regulations, of the Town of Vail Code.
A. The first set of criteria to be considered by the Planning and Environmenlal
Commission for a Minor Subdivision application is:
Lot Area: Lot area as designated by Special Development District No. 27 and as
approved in the Final Plat for Forest Glen Subdivision.
Frontaqe: Frontage as designated by Special Development Dislrict No. 27 and as
approved in the Final Plat for Forest Glen Subdivision.
Dimension: Minimum dimensions as designaled by Special Development District
No. 27 and as approved in the Final Plat for Forest Glen Subdivision.
Staff Response.'As there are no changes to any of the above slandards, staff
believes that the above criteria have been met.
B. The second set of criteria to be considered with a Minor Subdivision application, as
outlined in the subdivision regulations, is:
The burden of proof shall rest with the applicant to show that the application
is in compliance with the intent and purposes of this Chapter, the Zoning
Ordinance and other pertinent regulations that the Planning and
Environmental Commission deems applicable. Due consideration shall be
given to the recommendations made by public agencies, utility companies
and other agencies consulted under subsection 13-3-3C. The Planning and
Environmental Commission shall :review the application and cansider its
appropriateness in regard to Town policies relating to subdivision control,
densities proposed, regulations, ordinances and resolutions and other
applicable documents, environmental integrity and compatibility with the
surroundlng land uses and other applicable documents, effects on the
aesthetics of the Town.
The Specific Purpose of the Subdivision Regulations is as follows:
1. To inform each subdivider of the standards and criteria by which development
proposals will be evaluated, and to provide informalion as to the type and exlent
of improvements required
Sfaff Response; Sta{f has reviewed the minor subdivision for compliance wilh the
applicable evaluation criteria. Upon the completion of our review the staff finds that the
proposed subdivision complies with the subdivision criteria.
2. To provide for the subdivision of property in the future without conflict with
development on adiacent land.
Staff Response.'Staff believes that allowing interior conversions will not have any effecls
on development on adjacent land. In addition, the correction of the land use summary to
correspond to the plat will clarify the development process for lots 4 and 5.
3. To protect and conserve the value of land throughout the Municipality and the
value of buildings and improvements on the land.
Statt Responser Staff does not believe lhal the proposed subdivision will have any negative
impacts on lhe value of land in the Town of Vail. Interior conversions are limited to those
additions which do not increase bulk and mass of the existing building.
4. To ensure that subdivision of property is in compliance with the Town's zoning
ordinances, to achieve a harmonious, convenient, workable relationship among
land uses, consislent with Town development objectives.
Staft Response.'According to sections 12-15-4 of the Town Code:
Purpose: The interior conversion section of this Chapter provides for flexibility and
latitude with the use of interior spaces within existing dwelting units that meet or exceed
the allowable gross residential floor area (GRFA). This would be achieved by allowing
for the conversion of existing interior spaces such as vaulted spaces, crawt spaces, and
other interior spaces into floor area provided the bulk and mass of the building is not
increased. This provision is intended to accommodate existing homes where residents
desire to expand the amount of usable space in the interior of a home. The Town has
also recognized that property owners have constructed interior space without building
permits. This provision is also intended to reduce the occurrence of interior building
activity without building permits and thereby further protecting the health, safety, and
welfare of the community.
Staff believes that allowing interior conversions withirq the Forest Glen subdivision is
consistent with the Zoning Regulations, Town development objectives, and is necessary to
protect the health, safety, and welfare ol the community.
5. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreation,
and other public requirements and facilities and generally to provide that public
facilities will have sufficient capacity to serve the proposed subdivision.
Staft Response.'Staff does not believe that the subdivision will have any effect on the
provision of public services.
6. To provide for accurate legal descriptions of newly subdivided land and to
establish reasonable and desirable construction design standards and
procedures.
Staff Response.'The proposed minor subdivision plat has been prepared in accordance
with the standards prescribed in the Town of Vail Subdivision Regulations. Staff finds that
the applicant has complied wilh the above-described criteria.
7. To prevent the pollution of air, streams and ponds, to assure adequacy of
drainage facilities, to safeguard the water table and to encourage the wise use and
management of natural resources throughout the Torvn in order to preserve the
integrity, stability and beauty of the community and the value ot the land.
Staff Response: Staff believes the minor subdivision request complies with the above-
described criteria.
The homeowners in the Forest Glen SuMivision respectfirlly ask for permission to utilize
the "Interior conversion" section of the Town of vail GF.FA restrictions. Meaning: The
homeowners in the Forest Glen Suhlivision shall be permitted to utiJtze all of the square
footage under or in an attic space of a home as long as the Town of vail codes are met.
Specifically, please see Note # 9 of the Amended Final Plat of the Forest Glen
SuMivision
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questiofCall the Ptanning Staff at 479-2138
APPLICATION FOR PLANNING AND ENVIRONMENTAL
COMMISSION APPROVAL
GENEML INFORMANON
This application is for any project requiring approval by the Planning and Environmental Commission. For specific
information, see the submittal requirements for the pafticular approval that is requested. The application can not
be accepted until all required information is submitted. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
A. TYPE OF APPLICATION:
Employee Housing Unit flype: _)
Major or ! Minor b<terior Alteration
(Vail Village)
Major or Minor Exterior Alteration (Lionshead)
Variance
Zoning Code Amendment
Amendment to an Approved Development Plan
tr Bed and BreaKast trtr Conditional yse Permit trD Major or trf Minor Subdivisiontr Rezoningn Sign Variancetr Special Development Districttr Major or D Minor Amendment to SDD
tr
tr
D
D
B.
LOCATION OF PROPOSAL:LOT: ID BLOCK:-c.
D.
E
F
\t,
H.
PHYSICAL ADDRESS:e.. Fr'ut\S r-{-
PARCEL #: ?\6\\?3 \30\0 (Contact Eagle Co. Assessors Offrce at 970-328-8640 for parcel #)
owNER(S) STGNATURE(S):
NAME OF APPLICANT:
MAILING ADDRESS:
7ct -
FEE: See subrnittal requirements for appropriate fee
PLEASE SUBMIT THIS APPUCATION, ALL SUBMTTTAL REQUTREMENTS
AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAil-, COLORADO 81657.
NAME OF OWNER(S):
o
SUBMITTAL REQT'IREMENTS FOR A MINOR SUBDIVTSTON REVIEW
(4 ORFEWERLOTS)
PRE-APPLICATION CONFERENCE
A pre-application conference with a plarrning staffmember is strongly encouraged. No application
can be accepted unless it is complete, It is the applicant's responsibilify to make an appointnent
with the staff to determine additional submiaal requirements.
SI,JBMITTAL REOUIREMENIS
The following information must be submitted for review by the Planning and Environmental
Commission.
FEE: 5250.00. The fee must be paid at the time of submittal.
Stamped, addressed envelopes and a list oftbe names and mailing addresses of all propedy owners
adjacent to the subject propery. including propertics behind and across streets. The applicant is
responsible for correct names and mailing addresses. This information is available from the Eagle
County Assessor's office,
A preliminary title report, including schedules A and B, to verifr ownership and easements.
Three (SIcooies of an Environmental Irnpact Report may bc required as stipulated under Chapter -'-'----"
18.56 ofthe zoning code.
Four (4) copies of the proposal following the rcquiremcnts for a final plat bclow. Spccific
requirements may be waived by the Adminiskator and/or the Planning and Environmcntal
Commission if dctcrmincd not applicablc to the project.
A written statemc{t describing the precise naturc ofthe rcquest, including thc existing situation and
the proposed situation and how the proposal will makc thc subdivjsion compatiblc with othcr
propcrties in the vicinity.
After the Planning and Environmental Commission has approved the subdivision, the applicant must
submit twb (2) mylar copies of the final plat to thc Department of Community Developmcnl The
final plat must contain ths following information:
The final plat shall be drawn in India inh or other substantial solution, on mylar, witb
dimension of twenty-four by thirty-six inches and shall be at a scale ofone hundred feet to
one inch or largor with margins of one and one-half to two inches on the left and one-half
inch on all other sides.
Accurate dimensions to the nearest one-hundredth ofa foot fot all lines, anglcs and curves
used to describe boundaries, sFeets, setbacks, alleys, earsements, structfes, arcas to be
reservsd or dedicated for public or common uses and other important features, All curves
shall be circular arrs and shall be defined by the radius, central arrgle, arc chord distoces
and bearinp. All dimensions, both linear and angular, aro to be determined by nn accwzrte
control survey in tbe field which must balance and close within a limit of one in rcn
thousand.
II.
EI
a
a
ao
o
o Page 1of4
4.
5.
6.
3. North arrow and graPhic scale.
A systematic idcntification ofall existing and proposed burldings, units, lots, blocks. and
names for all strects.
Names of all adjoining subdivisions with dotted lines of abuning lots. If adjoining land is
unplatted, it shall be shown as suoh.
An identification ofthe sheets, alleys, parks, and other public areas or facilities as shown on
the plat, and a dedication thereof to tbe public use. An identification of the easements as
shown on the plat and a $ant tbcreof to the public use. Areas reserved for future public
acquisition shall also be shown on the plal
A written survcy description of the arca including ttre total acreage to tbc nearest appropriato
significant figure. The acreage of each lot or parcel shall be shown in this manncr, as well.
A description of all survey monuments, both found and set, which mark the boundaries of
the subdivision, and a description of all monumexlts uscd in conducting thc survey'
Monument perimeter pcr Colorado statutcs. Two perimeter monuments shall be cstablishcd
as rnajor control monuments, the materials which shall be detetmined by the Town Enginco.
A statement by the land surveyor explaining how bearing base was determined.
A certificate by the rcgistered land survcyor as outlined in Chapter 17.32 of this titlc as to
thc accuracy ofthe survey and plat, and that the survcy was pcrformed by the survcyor in
accordance with Colorado Rcvised Statutes 1973, Title 38, Article 51.
A certificate by an attomey admitted to practice in thc Statc of Colorado, or corporate titlc
insurer, that the ownc(s) of rccord dedicating to the public tho public right-of-way, arcas or
facilities as shown thercon are the owncn thcreofin fce sirnple, tree and clcar ofall liens and
cncumbrances oxcept as noted. (See cxample in Chaptcr 17.32)
The proper form for approval of the plat by the PEC chairman and acceptance of dedication
and easements by the council with signahre by the mayor and attestation by the Town Clerk.
Examples are found in Chapter 17.32 of this tiile.
The proper form for fiting ofthe plat with the Eagle County Clerk and Recorder as pcr
example in Cbapto 17.32,
Certificate of dedrcation and ownership as per examplc in the appcndix of Chaptcr l?'
Should the certificate of dedication and ownenhip provide for a dedication of land or
improvements to the public, all beneficiaries of deeds of tlst and mortgge holders on said
real property will be required to sign the certificate of dedication and ownership in addition
to the fee simple owner thereof.
7.
8.
9.
10.
l l.
t2.
lJ.
14.
Page 2 of 4
15. All currcnt taxes must bc paid prior to thc Town's approval of thc plat. This includqs taxes which
have been billed but arc not yct due. The ccrtificate of taxcs paid must bc sigrcd on thc plat or a
statcmcnt from the Eagle County Asscssor's OfTice musl be provided with tie submittal information
stating that all taxcs have becn paid.
16. Additional matenal which sball accompany the final plat includcs, but is not limited to:
a. Complete and final Environmental Impact Report ifrequired by the zoning ordinance:
b. Complctc engineering plans and specifications for all improvements to be installed,
including but not limited to water and sewer utilities, streets and related improvements,
pedestrian and bicyclc paths, bridges and storm drainagc improvements;
c. Maps at the sarne scale as the final plat showing existing topography and proposed grading
plan (contour interval requirements same as preliminary plan), a landscape and or
revegetation plan showing locations, type and sizes of existing and proposed vegetation.
d. A map the same scale as the final plat depicting all high and moderate avalanche hazard
areas, forty percent and high slope areas and one hundrcd year floodplain are:$ as dcfincd in
thc hazard ordinance of the Vail Municipal Codc;
c. Title insurance company proof of ownership ofall lands within the proposal;
f. Copics ofany monument records required of the land surveyor in accordancc with Colorado
Reviscd Staates 1973, Titlc 38, Article 53:
O E. Any agreements with utility companies when requircd;
h. Protective covenants in form for recording:
i. Other data ccrtificates, affidavits. or documents a.s may bc rcquired by the Administrator or
PEC or Council in tbe enforccment ofthese regulations.
III. TIME REOUIREMENTS' The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. A
complete application form and all accompanying matcrial (as described abovc) must be accepted by
. the Community Development Department by the appropriatc submittal date, which is a minimum of
four (4) weeks prior to the date of thc PEC public hearing. Incompletc applications (as detcrmincd
by the planning staff; will not be accepted
rV. REVIEW PROCEDURE
The final plat shall be circulated to and rwiewed by the town's deparfinents, including, but not
limited to Public Works, Transportation, Community Developmen! Recreation, Adminis6ation,
Police and the Fire Deparfrnent. Comments and concerns of these departnents witl be forwarded to
the PEC prior to the public hearing.
Page 3 of4
ADDITIONAL REVIEW AND FEES
AJf tt*-pplication requires a separate review by any local, State or Fedcral agency other tban
thc Town ofvail, thc application fcc shall be increased by $200.00. Examples of such
rwiew, may include, but are not limited to: colorado Depadment of Highway Access
Permits, Army Corps of Engineers 404', ett'
B. The applicant shall be responsiblc for paying any publishing fees which are in excess of
50% oithe application fee. lf, at the applicanfs requcst, any matter is postponed for
hearing, causing the matter to be re-published thcn the cntire fee for such rc-publication
shall be paid by thc aPPlicant.
C. ApplicaAons deemed by the Community Development Departrnent to have design, land usc
or other issues which may have a significant impact on the community may require review
by consultants in addinon to Town staff. Should a detsrmination be made by the Town staff
that an outside consultant is needed, the Community Development De,padmsnt may hire thc
consultant. The Department shall estimate the amount of moncy necessary to pay thc
consultant and this amount shall be forwarded to tie Town by the applicant at the trmc of
filing an application. Expenses incurred by the Town in excess of the amount forwarded by
the applicant shall be paid to the Town by the applicant within 30 days ofnotification by thc
Town. Any excess funds will be retumcd to the applicant upon rwiew completion'
THE DEPARTMENT OF COMMLINITY DEVELOPMENT WILL BE RESPONSIBLE FOR
SEEINC THAT THE APPROVED PLAT IS PROMPTLY RECORDED WITH THE EAGLE
COL]NTY CLERK AND RECORDER.
Page 4 of 4
A M E R I c AN;#X
?RT {rT :itr"'' ^"'b
O p y( r0-r7-92)
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERACE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Folicy shovn
in Schedule A, against loss or damage, not exceeding the Amount of lnsurance stated in Schedule A, sustained or
incurred by the insured by reason of:
I . Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title:
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
In Mtness llhereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory.
ISSUED BY:
LAND TITLE GUABANTEE COMPANY
108 S. Frontage Rd. W' Suite 203
P.O. Box 357
Vail, Colorado 81658
GT:D 476-2251 Fax (9?o) 4?6-4534
CHICAGO TITLE INSURANCE COMPANY
By:,r)v_2.fu
,/ Prcsident
By:
ALTA Owrrcr's Poticy (lG17-92)
t
vq$3
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subiect to any rights
or defonses the Company would have had against the named insured, those
who succead to the inlafest ol tha named insured by opsration ot law as
distinguished from purchaso including, but not limited to, heirs, distributees,
d6visees, suwivoni, personal reprosenlatives, next of kin, or corporate or
Flduciary succassors.
(b) "insuted claimant": an insursd claiming loss or damage.
(cl "knowlEdge" or "known": actual knowledgo, not constructivE knowl-
edge or nolice which may be imputed to an insured by feason of th€ public
rccords as defined in this policy or any other records which impart construc-live notice of mattsF allecting the land.
(d) "land": the land described or relerred to in Schedule A, and imprcf/e-
ments affirad lhereto which by law constitute real property. The term "land"
does nol includa any property boyond the lin6s ot the arsa describ€d or
rolerred io in Schedula A, nor any right, title, interest, eslate or easoment in
abuning streets, roads, avenues, alleys, lanes, ways or waterways, but noth-
ing herein shall modifyor limit the exlent towhich a right of access to and trom
tho land is insured by this policy.
(e) "mortgage": mortgage, deed ot trust, trust deed, or other securityinsltumgnt-
(0 "public records': records eslablished under state statutes at Date ol
Policy tor the purpose of impaning constructive notice ot maUers f€lating lo
raal properly to purchasers tor value and without knowl6dge. With respect to
Soction 1(axiv) ol th6 Exclusions From Co\rerage, "pubtic tecordd' shall also
include environm€nlal protection liens tiled in the records of the clerk ol the
United States district court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent mater aftecting
the title lo the land. not excluded or oxcepted from coverage, which sould
enlillo a purchaser of the estate or interest described in Schedule A io be
released lrom the obligation to purchase by virtue ol a cooiractual condition
requiring the delivery of markatable title.
2. CONTINUATION OF INSURANCE AFTEF CONVEYANCE OF TITLE
The coverag€ of this policy shall continue in totce as of Oate of Pollcy in
lavor of an insurod only so long as the insured retains an estate ol intorest in
the land, or holds an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long as the insured shall
have liabilily by reason ot coronants ot warranty made by th6 insurod in any
lransfer or conveyance ol the estale or interest. This policy shall noi continue
in torc6 in lavor ot any purchaser trom the insufed ol either (i) an estate orintergst in the land, or (iil an indebtedness secured by a purchaso money
mortgago given to lh6 insured.
3. NOTICE OF CLAIM TO 8E GIVEN AY INSUREO CLAIMANT
The insured shall notify lhe Company promptly in writing (i) in case of any
litigation as set lorth in S€ction 4(a) below, (ii) in case knorvledge shall come to
an insured hereunder ol any claim ol title or int€rest which is adverse to lhe
titl6 lo the estate or interest, as insured, and which might cause loss Or dam-
ag6lorwhich the Company may be liable by virtue ol this policy, or (iii) if title to
lhe estaleor interesl, as insured, is rejected as unmarketabls. lf prompt notice
shall not be given to the Company, lhen as to the insured all liability ol the
Company shallterminate with regard tothe matteror mattsrs brwhich prompt
notice is required; provided, however, that lailure to notily the Company shallin no cas€ prejudice the rights of any insured under this policy unl€ss ths
Company shall be preiudicod by tha tailure and then only to lhe extent ol th6
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF I SUREO
CLAIMANT TO COOPERATE
(a) Upon written request by the Insured and subject to the options con-
tained in Section 6 of lhese Conditions and Stipulations, the Comparry, at its
ovvn cost and without unreasonable delay, shall provide lor the detense ol an
insured in litigation in which any third party asserts a claim adv€rse to the title
or interest as insured, but only as to those statEd causes ot action atl€ging a
d€l€cl,laen or€ncumbranc€ or other matter insured against by this Foliq. TheCompany shall have the right to solect counsel ot ita choice (subiect io the
right ofthe insured to object tor rEasonable cause) lo represent the insurEd as
lo those stated causes ot action and shall not be liablo tor and will not pay th€
fees of any oth€r counsel. The company will not pay any tees, costs or
exp€nses incurred by the insured in the dotense of thos€ causes of actionwhich allege matlors nol insured against by this policy.
(b) The Company shall have the right, at its own cost, to instiluto andpros€cute any aclion or proceeding or to do any other act which in its opinion
maybe n€cossary or desirable to estabtish the title to the estate or interest. as
insured, or to prevent or reduce loss or damag€ to the insursd. The Company
may lake a ny appropriate action under the terms of this po cy, whether or nol
il shallbo liable hereunds( and shallnot ther6byconcede liability or waive anyprovision ol this policy. lf the Company shatt exercis€ its rights under thiiparagraph. il shall do so diligently.
(c) Whenevsr the Company shall have brought an action or interp€ssd adefense as required or permitted by the provisions ot this policy. the Company
may pursue any litigation to final determination by a court ol competent juris-
diction and erprgssly reserves tho right, in its sole discretion, to app€al from
any advsrse judgment or ordar.
(d) In allcaseswh6re this policy permits or requires the Company to prose-
cule or provida lor the defenso ot any action or proceeding, the insured shall
secure lo tho Company the right to so prosecuta or pmvid€ detense in the
action or proceeding, afld all appeals therein, and p€rmit th6 Company tous6, at ils oplion, th6 name of the insured tor this purposg. When€\rer
requesledbythe Company, theinsured, attheCompany's expense, shall give
tho.Company all reasonable aid (i) in any action or proceeding, securing
evidance, obtaining witnessos, prosecuting or darending the aclion o. fuoceeding, or etfecting settloment, and (ii) in any other lawlut act which in the
opinion ol the Company may be necessary or dasirable to establish th6 titlg to
the eslato orinteresl as insured. lf the Company is preiudiced by the failure of
the insured to furnish the requir€d cooperaiion, the Company's obligafioB fo
the insured under the policy shall terminate, including any liabitity or obliga-
lion to defend, prosecute, or continue any litigation, with regard to the matter
or malters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 ofthese Condi-tions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn 10 by the insured claimant shall be turnished to theCompany within 90 days after the insured claimant shall ascertain thg tacts
giving rise to the loss ordamage. The proof of loss or damage shall doscrib6
the delect in, or liEn or encumbrance On the titl€, or other malter insured
against by this policy which conslitutes th6 basis of loss or damage and shalt
state, lo lhe extent possibla, tha basis ot calculating the amount ot the loss or
damage. It the Company is pf€iudiced by the failure ol the insured claimanttoprovide the required proof of loss or damage, the Company's obligations to
the insured under the policy shall terminate, including arry liabitity or oblige-
lion to defend, prosecute, or continug any litigation, with regard to the matter
or malters requiring such proot ol loss or damag€.
In addition, lhs insured claimant may reasonably be required to submit to
examination under oath by any authorized representalive of the Company
and shall produce for €xamination, inspection and copying, at such reason.
able times and places as may b€ designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and
memoranda, whethor bearing a date before or after Oate of Policy, which
reasonably pertain to thg loss or damag€. Furths( il requesled by any aqtho
rized represonlative ol the Company, the insurad ctaimant sha grant itspermission, in wriling, lor any authorized representative of the Comparry toexamine, inspect and copy all records, books, ledgers, checks. corrEspon.
dence and memoranda in the custody or control ota third party, which reason-
ably perlain 1o the loss or damage. All inlormation designated as confidentiat
by the insured claimani povided to the Company pursuant !o this Section
shall not be disclosed to olhers unless, in the reasonable judgment ot the
Company. il is necessary in the administration ot the claim. Failure of the
insured claimant to submit tor examination und6roath, produc€other roason-
ably requested inlormaiion or grant F€rmission lo secure reasonably necas-
sary inlormation lrom thifd parties as required in this paragraph shall termi-
nate any liability of the Company und6r this policy as to that claim.
5. OPTIONS TO PAY OR OTHEHWISE SETTLE CLATMS; TERMTNATTON
OF LIABILITY
In case ol a claim under this policy, the Company shall have fhe foltoyiing
additional ogtions:
(a) To Fay or Tender Payment ot thc Amount ot lnsurance.
To pay or tender paymont of lhe amount ol insurance under this policy
togetherrvith anycosts, altorneys' feeg and expenses incurrgd by th€ insurect
claimant, whichwere authorized by thecompany, up to thetimeot paym€ntot
tender ol payme t and which th€ Company ls obligated to pay.
Upon the sxercisebythe Companyof thisoption, allliability and obligations
lo the insured under this policl, other than to makethe payment required, shall
lerminate, including any liability or obligation to delend, proaeculs, or con-
tinue any liligation, and lhe policy shalt be surrendered to the Company irr
cancellation.
(b) To Pay or Otherwlsa Settle With Parties Other than th€ lnsuiGd ot
With lhe lnsured Claimanl.
(i) to pay or otherwisa s€nle with oth6r parties lor or in the name of an
insured claimant any claim insured against under this policy, together with any
cosls, attornays' tees and expenses incurred by ths insured claimant which
wers authorized by lhe Company up to the time ot payment and which lhe
Company is obligated to pay: or
(ii) to pay orotherwise setlo with the insured claimant the loie or damageprovided for undsr this policy, t€ether with any costs, attornoys' le€s and
expensEs incurred by the insurgd claimant which were authoti.ed by thE
Company up lo tha lime ol payment and nhich the Company is obligated to
9ay-
Upon th€ exorcise by the Company ot "ifn" op,ions provided lor in
paraEr8irhs (bX') or (ii), lhe Company's obligElions to the insured under this
policy for thE claimed loss or damage, other lhan the payments roquired to bemade, shall lenninale, including any liability or obligalion to detend, prose-
cute or continue any litigalion.
7. OETEFMINATIOII, EXT€IiIT OF LIABILITY ANO COINSUFAI.ICE
This policy is a contract ot indemnity against actual monetary loss or dam-
age suslainect or incuned by lhe insured claimanl who has sutferEd loss or
damage by r€ason ol malters insured against by this policy and only to thea{ent horsin described.
(a) Ths liabilily ol lhs Company under this policy shall not exceed the least
ol:.
o the Amounl of lnsurance slated in schedule A; o[
(iD lh€ ditf€r€nce between the valu€ ot the insured eslate or interest as
insured and the vatue of th6 insured estate or interest subject to the defect,lign ot encumbrance insu.6d against by this pol,cy.
(bl In lhe ev€nt the Amount of Insurance stated in schedule A at tho DatE ol
Policy is less than 80 percent ot lhe value of the insured estate or interest or
the full @nsideration paid for th6 land, whichever is less, or il subsoquent to
the Date of tolicy an improvemenl is erectBd on th6 land which increas€s thevalu6olthe ingured eslate or inlerest by at least 20 percont over the Amounlof
lnsurance staled in Schedul€ A, then this Policy is subject to the lolowing:
(i) where no subsoquenl improvement has been made, as lo any partial
loss, tho Company shall only pay the loss pro rata in the proportion that the
amount ol insurance at Oate of Policy bears to the tolal value ol the insured
estato or interssl at OatB of Policy; or
(ii) wherg a subsequent impro\rement has been made, as to any partial
loss, lhe Company shall only pay the loss pro rata in th€ proportion that .tzo
p€fcent oflha Amounl of lnsuranco slaled in Schedule A bears to lhe sum of
tho Amount of Insurance stated in Scheduls A and ths amount exDended lor
lhe impovement.
The provisions of this paragraph shall not apply to cosls, attomeys' lees
and Exp€nses tor rvhich lheCompany is liable underthis poticy, and shall onlyapplytothat portion ol any loss which e,(ceeds, in lhe aggregate, tO percentol
lh6 Amounl ot lnsufance slaled in schedule A.
(c) The Company will pay only thos€ cosls, attornsys' lees and expensesincwrcd in accotdancs vrilh Seclion 4 ot lhese Conditions and Stipulations.
8. APPORTIONMENT
ll the land d€scribed in Schedule A consisls of two or more garcsts which
ars not us€d as a single site, and a loss is established atlecting one or more ollh€ parcels but not all, th€ loss shall be computed and senled on a pro rata
basis as il the amount of insuranco under this policy was divided pro rata astotho value on Oat€ ol Folicy of each separats parcel to tha whola, exclusive ol
any improvemenls mad€ subsequent to Dats ol Polica, untess a liability or
valu€ has olherwis€ been agreed upon as to each pafca' by the Company and
the insured at the time ol the issuance of this policy and shown by an expressslalement or by an endorsemgnt a ached to this policy.
9. LIMITATION OF LIABILITY
(a) lf the company establishes lhe title, or removes the a eged defect, lien
or Bncumbrance, or cures the lack of a right of access to of trom lhe land, ot
cures the claim ol unmarketability of title, all as insured, in a reasonabty
diligenl manner by any method, including litigalion and the completion of anyapp€als lherefrom, it shall have tully p€rformed its obligations with respect tolhal matter and shall not be liablo lor any loss or damage caused thereby.. (b) In thg event ot any litigation, including titigation by the Company or with
lhe Company's consent, the Company shall have no liabiliiy for toss or dam-
ag€ untilthare has been a tinal determination bya coun ot competent iurisdic.tion, and disFrosition of all appeals therslrom, adverse to the titlo as insured.
{c) The Company shall not be tiable tor loss or damage lo any insured lor
liability voluntarily assumed by the insu red in se ling any claim or suit without
lhe prior wrilten consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATTON OF
LIAEILITY
All paymenls underthis policy, except payments mado lor costs, atorneys'
Ges and exp€ns€s, shall r€duce lhe amount ot lhe insurance pro tanto-
1 1. LIABILITY NONCUMULATIVE
It is expressly understood that th€ amounl of insurance under this poticy
shall be rsduced by any amount the Company may pay under any policy
insuring a mortgag€ lo which exception is taken in Sch€dule B orto yrhich th;insured has agreed, assumed, or taken subject, or which is hersafiar ex-
eculed by an insured and which is a charge or lien on the estate or interosl
described or referred lo in Schedule A, and the amounl so paid shall be
desmed a payment under this policy lo the insured owner.
.'2. PAYMENT OF LOSS
(a) No payment shall be made rt ithout poducing this poticy for endo6s-manl of th€ paymenl unless the policy has bean lost or destroyed, in which
case prool ot loss or destruction shall be lurnished to the satislaction ot thoCunpany.
Fl,.ordd :orm No. 8255 {Rev. 't 0- 1 7-921
(u) wtren riauitiry lene ot toss or damag€ has been detinirety rixed
in accordance wilh lhese Conditions and Sthulations, the loss or damage
shall be payable within 30 days thereatter.
13. SUBSOGATION UPON PAYMENT OR SETTLEISENT
(a) Thc Comprny'3 Bight ot Subrogation.
Whenever the Company shall hav€ set ed and paid a claim under this
policy, all righl otsubrogation shall vest in the Company unattected byany act
ol the insured claimant.
The Company shall be subrogated to and be enlitled to att rights and
remedies which the insured claimant would havs had against any person orpropeny in respect lo lheclaim had thispolicy notbe€n issued. lfrequesled by
lhe Company, lhe insured claimanl shall transfer to the Company a[ rights
and remedies againsl any p€rson or property necessary in order lo perfect
this righl ol subrogalion. The insured claimant shall permit the Company to
sue, @mpromiso or settle in the name ol th6 insured claimant and to use lhe
namg of the insured claimant in any transaction or litigalion involving these
rights or remedies.
ll a paymont on accounl of a claim does not tully cover the loss of lhe
insured claimant,lhe Company shall be subrogated to these righls and remF.
dies in lhe proportion which the Company's payment bears to th6 whol6
amount of the loss.
lf loss should result from any act ol ths insured claimant, as stated abo\re,
that act shall not void this tlolicy, but the comparry, in that ev6nt, shall b€
tequired to pay 0nlylhal part ol any losses insur6d against by this poticywhich
shall exceed lhe amounl, il any, lost to the Company by reason ol the impair-
ment by the insured claimanl ot the company's righl of subrogation.
(b) The Comparry'3 Rights Against Non-lnsur.d Obtl9o.8.
The Company's right of subrogation against non-insured obligoE shalt
exisl and shall include, vyithout limitation, th3 rights of th6 insured to indem-
nities, guaranlies, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those inslruments which providelor subroga-
tion rights by reason ol lhis policy.
14, ARBITRATION
Unloss prohibited by applicable taw, eitherthe Company or the insured may
domand arbitration pursuant lo the Tille Insurance Arbitration Rules of the
American Arbitration Associalion. Arbitrable matters may include, but are not
limited to, any controversy or claim b€tween the Company and the insured
arising oul ol or relaling to this policy, any seruice of lhe Company in connec-
lion with ils issuance orthe breach ofa policy povision or other obligation, All
arbilrable matters when the Amount ol lnsurance is 91,000,000 or less shall
bs arbilratod al lh€ option of either the Company or thE insursd. All arbitrable
matlars when lhe Amount ol Insurance is in excass ol $1,000,000 shatl be
aditraled only lryhen agreed to by both the Company and the insured. Arbllra-
tion pursuant lo this policy and under the Rules in ottect on the date the
demand fof arbitralion is mada or, al the option ot the insured, lhe Bules in
etlecl al Date ol Pollcy shall be binding upon the parties. Th€ award may
include allorneys' tees only i, the laws ot the state in which the land is localed
permit a court to award altorneys' tees lo a prevailing party. Judgment upon
lhe awatd rendered by ths Arbitrato(s) may be entered in any court having
iurisdiclion thereot.
The law ot lhe silus of lhe land shall apply to an arbitration under th€ Title
Insuiance Arbil|alion Rules.
A copy ot lhs Ful6s may b6 obtained trom the Company upon raquest.
15. LIABIL|rY LIMIED TO THIS POLIOY; POLICi ENTIRE CONTFACT
(a) This policytogether with allendorsemsnts, itany, atiached hereto bytheCompany i5 the enlirB policy and contract between lhe insured and the Com-
pany. In interpreting any pfovision ot this policy, this policy shall be construed
as a whole.
(b) Any claim ol loss or damage, whethgr or not based on negligenco, andwhich arises oul of the status of the li e to the eststs or interesl covered
hereby or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment ot or endorsement to this policy can be rnadg excepl by
a wtiting endorsed hereon or attached hereto sign6d byeilherlhe President, a
vice President, ths secrelary. an Assistant secretary, or validating otticer ot
authorized signatory ol ths Company.
16. SEVERABILITY
In lhe event any provision of the policy is held invalid or unenlorcoable
undet applicable law, the policy shall be deemed not to includo that pro\rision
and all other provisions shall remain in full force and etlect.
.I7. NOTICES, WHERE SENT
All notices r€quked to b€ given the Company and any statement in wn'ting
roquired to be furnished the Company shatt include the number of this policy
and shall be addressed to the Company at lhe issuing office or to:
Chicago Ti e Insurance Company
Claims Depa.tmentln North Ctark StreetChicago, lllinois 60601 -3A94
EXCLUSIONS FROM COVERAGE
Ths tollowlng matterr ar. crpr€r|y excluded trcm thc covcragc ol thls pollcy rnd th. Comp.ny wlll not p.y lota otoamagc, coatr, attom€ys' tees or arpenr€3 whlch rrl3a by rra3on of:
1. (a) Any tew, ordlnanca or.gor.tnmrntal rrguhtlon (hcluding but not limlted to bulldlng lnd aonlng lrw3,o.dinance!, or. t€gulatlollsr_rlsltlctlng-, eg.ulatln!, pohlbltlng or Gletlng to (f ttrc ;ccupancy, u!., otcnloymcnt ot tha land; (lll tha charactGt, dlmen3lons or location ot eny lmprircmcnt ndw or-hc|teflar.tEcl6d on tl|€_ land;.(lll).r 3ep.rrllon In own€Eftlp or r changa- In th€ dlminclarc or erle ot tha t nd o.rnyPatcrl of whlch thc land 13 or was a pa4i or (lv) Gnvllonmontrl prctectlon, or thc att ct of eny vlolatlon oithes€ lairt, ordlnances ot govcrnmontrl Egulrtionq crccpt to lhG artant that a noficc of thc-Gntorcamantthctlof ot r nouc€ ol I detect, lien or encumbance rasutting lrom a vlolauon or lllagcd ylola on atfectlngthc land has be.n Ecorded In the publlc tccords !t Dat. of Pollcy.
(b) Any goicmmental police potv€. not excluded by (.) abor€, axcapt to th. ertent that a mticG ot lha crcrchathet€of ot a notlce of a delect,llen o? encumbrance cgutting troni avlolatlon orrllegcd vlolatton.tt€€Ung lhcland has b€cn r€coded In th. publlc ]rcords rt Oat€ of polcy.
2. Flghb ot emln€nt dodraln unless notice ot the excrclse th€reof ha! b6cn r€corded ln the publlc Ecordr at Data otPolicJ, but not a.xcluding ftom coverage arry taklng which has occurr€d prlor to Datc oi pollcy whlch would boblndlng on the .lghls ol a pulcha$r lor valuc wlthbut knowlodgo.
3. Defecb, ll€ns, encumbEnces, rdveFe clalma or other manc6:
(a) ceated, 3ultc.€d, assumed or agG€d to by the Insut€d clalmenti
(b) not known to tha Compdny, not Ecordad In tho publlc r€cords at Dato ot Pollcy, bul tnown to thG lasurldclalmant and not disclos€d in vurlting to the Company by tho lmuGd clslmant irlor to th6 data ths ln!|ur!dclalmant becam€ an Insul€d under thl3 policy;
(c) r€sultlng In no loss or damag3 to thc lnsur€d clalmant;
(d) attachlng or cEated $rbscguent to Date of policy; or
(e) t?sultlng In loss or dsmaga which-ryould not havc b€€a gurtatnad It tha Insur€d Glalmant hed patd yEtua iorthe estate or Interest Insucd by thb policy.
{. Arry clalm, whlch tris€s oul ol the tEnsacuon vesting ln the lnsu]rd the eitaG or Intal€st lmurld by thls pollcy, byEa3on ol tho oPeration of federal bankruptcy, state lnsolvenc,y, or slmllar credllo.! .lghb fawr, ttiat b 5ased on-:
(i) the-tr.niaction cGaung the e8tate or lnterest Insurcd bythi3 potlcy bclng dcemcd I traudulcnt convty.nc.or llaudulent tan3tor; ol
(ii) th€ tranlacuon cGatlng the cstate or InlelGst Insur€d by thls poticy bclng decmGd a pFterGntal trandcrexcepl rhe|t lhe pEfecntlal tranifcr G3ults from the failur€:'
(a) lo tlmely lecord the Instrument of t6nsfer; ot
(b) ot such r€cordallon to lmparl notice to a purchas€? for valua or a tudgment or llen cFdllor.
lr* l* q'ft tesa'
[and Title Guarantee Company
Date: April 09, 1999
NANCY C. SNYDER, RICHARD S. .GALLAGHER, AND PETER E. COBURN AS TRUSTEES OF
3I5O PLEASANT VALLEY RD.
APTOS, CA 95003
Enclosed please find the title insurance policy for your property
located at LOT l0 FOREST GLEN
Please review this policy in its entirety. In the event that you find any discrcpancy, or if you have any questions
regarding your final tide policy, you may contact Title Departrnent
Phore;910476-2251 Fax:97O4764534
Please refer to our Order No. V264286
Should you decide to t.il ttr. property described in this policy, or if you are required to purchase a new title
commitment for mortgage pu{poses, you may be entitled to a credit toward future title insurance premiums.
knd Title Guarantee Company will retain a copy of this policy so we will be able to provide future products
and services to you quickly and efficiently.
Thank you for giving us the oppornrnity to serve you.
Sincerely,
land Title Guarantee Company
!G Policy No. CTEH264286
[.^rn A frlalfr
Our Order No. V264286 Schedule A
Property Address: LOT IO FOREST GLEN
,
Policy Date: March 08, 1999 at 5:00 P.M.
Name of Insured:
NANCY C. SNYDER, RICHARD S. .GALLAGHER, AND PETER E. C(
NANCY COBURN SNYDER I99O TRUST
3.The estate or interest in the land described or referred to ln this Schedule
A Fee Simple
fitle to the estate or interest covered by this policy at the date hereof is vr
NANCY C, SNYDER, RICHARD S. .GALLAGHER, AND PETERE, C(
NANCY COBURN SNYDER I99OTRUST
4.
5. The land referred to in this policy is described as follows:
LOT 10, FINAL PLAT OF FOREST GLEN, ACCORDING TO THE PLA
19qZ IN BOOK 587 AT PAGE 376, COUNTY OF EAGLE, STATE OF CI
TOGETHER WITH ACCESS EASEMENT ON LOTS I I, 12 AND 13 AS
AUGUST 19,IgYzIN BOOK 587 AT PAGE 376, COUNTY OF EAGLE,
This Policy valid only if Schedule B is attachr
Land Title Guarantee Company
Representlng Chicago Title Insurance Coml
Amount s1,780,000.00
)BURN AS TRUSTEES OF THE
and which is covered by this policy ls:
:sled in:
)BURN AS TRUSTEES OF THE
TRECORDED AUGUST 19,
OLORADO.
SHOWN ON PLATRECORDED
STATE OF COLORADO.
rd.
,aD.y
illE Policy No. CTEH264286
Form AO/CHI
Our Order No. V2&286
Schedule B
This policy does not insure against loss or damage (and the Company will not pay costs, auorneys' fecs or expenses)
which aise by reason of:
General Exceptions:
l. Righs or claims of panies in possession not shown by the public records.
2. Encroacbments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and
inspection of the premises.
3. Easements, or claims of easements, not shown by ttre public records.
4. Any lien, or right to a lien, for sewices, labor, or rnterial heretofore or hercafter furnished, imposed by law and
not shown by the public records.
5. 1999 TAXES NOT YET DUE AND PAYABLE.
6. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER I7,
I9O2, IN BOOK 48 AT PAGE 49.
7. RIGHTOF PROPRIETOR OFA VEIN ORLODETOEXTRACT AND REMOYE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER I7,IW}.IN BOOK48
AT PAGE 492.
8, EASEMENT AS GRANTEDTO UPPEREAGLE VALLEYSANITATION DISTRICT IN INSTRUMEM
RECORDED JUNE 13. T973 IN BOOK229 AT PAGE 550 AND 55I.
9. RESERVATION OF A TEN PERCENT NON-PARTICIPATING ROYALTY AS RESERVED IN DEED
RECORDED NOVEMBER 2. 1962IN BOOK 166 AT PAGE 407.
THE EXISTENCE OF THE MINERAL EXCEPTION AND/OR RESERVATION SHOWN AS ITEM 12,
SCHEDULE 8.2, WILL NOT AFFECT OUR ABILITY TO ATTACH COLORADO ENDORSEMENT
NO. 1OO.3I TO OUR ALTA OWNERS POLICY WHEN ISSUED.
10. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE FINAL
PLAT OF FOREST GLEN RECORDED AUGUST
'9,I9Y2IN
BOOK 587 AT PAGE 376.
II. TERMS, CONDITIONS AND PROVISIONS OFDECLARATION OF COVENANTS, CONDITIONS,
Et Policy No. CTEH264286
Form AO/CHI
Our Order No. V2&286
Schedule B
RESTRICTIONS AND EASEMENTS OF FOREST GLEN RECORDED AUGUST 19. 1992 TN BOOK
587 AT PAGE 377 AND AMENDMENT THERETO RECORDED NOVEMBER 18, L9Y2 TN BOOK
594 AT PAGE 534 AND AMENDMENT THERETO RECORDED SEPTEMBER 17. 1998
RECEmON NO. 669632
12. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAI.'LT AGREEMENT
RECORDED AUGUST 18,IgY2IN BOOK 587 AT PAGE 345.
13, UNDERGROUNDRIGHT OFWAY EASEMENT AS GRANTEDTO HOLYCROSS ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST 13,I992IN BOOK 586 AT
PAGE Y23,
14. PRIVATE ACCESS EASEMENTAFFECTINGA PORTION OF SUBJECTPROPERTYASSHOWN ON
THE RECORDED PLAT OF FOREST GLEN.
15. BUILDING SET BACK LINE AS SHOWN ON THE RECORDED PLAT OF FOREST GLEN.
ITEM NO. 4 OF TI{E GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING
FROM WORK OR MATENAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF
CHARLES W. DAVISON AND PATRICIA L. DAVISON.
CHICAGO TITLE INSURANCE COMPANY SHALL HAVE NO LIABILTTY FOR ANY LIENS
ARISTNG FROM WORK OR MATERTAL FURNTSHED ATTHE REQUEST OF NAl.rCy C. SNYDER,
RICHARD S. .GALLAGHER, AND PETER E. COBURN AS TRUSTEES OF THE NANCY COBURN
SNYDER I99O TRUST.
I
NY
I
tAND TITTE GUARANTEE COMPA
Dace AprlT 09, 7999Case v264286
Policy CTE]8264286
Loan #
Property Address LOT l0 FOREST aLEN
ENDORSEMENT XOO.3O
Owrer .!'AilCT C. SNYDER, ATCEA.RD S, .GAI,LAE TER, ATID P8rEER,
E. COBAEN AS TRfiSTEES OF TITE NANCY COBURN SIrI'DAR
7990 TRASr
The Company hereby insures Ehe .Insured agiainsE -loss whi cl] the Insuredshall suscaia by reason of physicaT, but noE aesthecic, danage to improvemen tsexisting on the Tand at Dace of Policy or consEruced fhereon thereafter,resulting from the exercjse subsequent co Ehe Dace of Policy of any righEsto use the surface of the Tand under the mineraT in ceresc referred to ia
Excepiion No(s) . 6 of Schedule B-f("Ele mineral rights"), subjecc, however Eo Ehe toLTowing terms and conditions:
7. ?he Insured strall noEify the Conpany promptTy in writing in case
knowTedge shaIi. come to an Insured irereunde r of any actual ot
ChreaEened exerci se of the mineral righcs.
2. The Conpany shalT hawe the right, aE its cosE, to take any acCion
which Jn its opinion may be necessary or desirable in order for tbe
Company to avoid or minimiz e tlte extenc of its TiahiTity tlr;.der thia
endorsemeau, including, but noi Lirnited to, any or a77 of che
following:
(a) fn the Company's own right, or in the name of the
Insured or of the Boffower under the indebcedness securedby the insured morEgage for the Company, s benefi C to
insEituce, prosecuce and pursue to finaT deEermination
any proceedingis ac Law or in equicy, or before any
municipal, administraEive, or reguTatory cribunal or
board;
(U In the Company's own right, or Ln the name of the .Iasuredor of the Borrower under the indebtedness secured by the
insured morEgage for Ehe Company's beaefit, co compel thegiving of security, bond or undertak ing by the persoh or
pez'sons fron whom the Insured or such Borrower lsentitl,ed by law to such securi Ey, bond or undertaking,
and in the safie anounE or amoutrcs to ethicb C&e Insuredor such Borrower wouTd have been so enEitl,ed lrad this
endorsemen t noc been jssued; and
Page 7 of 2
Representing Ghicago Title Insurance Company
TITI.E GUARANTEE COMPA
O
NY
ErlDoRsEDrENt 100.30
(c)Eo retain or be paid out ot any such security, boad or
undercaking, or out of any compensacion or funds
recovered by che Company or by the fnsured oE by the
Borrouter under the jndebEedness secured by the insured
mortgage, such amount as wjl.l reimburse the Conpany far
aLl pawents made to Ehe Insured hy the Conpany by reasoDof tbe insurance afforded by this endorsement, cogeiberwith a77 costs and exlrenses incurred by the Company ia
connection therer,/i th, including aEEorney's fees,
fhe fnsured shal.f Cake all reasonable steps to require Ehe Borrower
under the jadebtedness secured by Ehe jnsured moriqage to cooperatefully with Ehe Company in any acEion taken by Ehe Conpany pursu€rn Eto tbe provisions of paragraph 2 hereof, and also Eo require such
Borrower to notify the Insured promptly in writing in case kaoufledge
sha.l L corne to such Borrower of any actuaf or threaEened exercjse of
the mineraT rights .
No riqhcs, benefics or defenses are intended to or s}a-l-l be deenedto flow or be made auailable co any person or eniiry ocher than Ehe
Iasured by reason of Che insura'lce afforded by this endorseJenc, a-nd
t.he .Ta.sured agrees chac all of the fnsured,s rights and remedies
agaiasE chj-rd parties relating to the subjecE ratcer of tltis
endorserea t shall be deerned to have rernained intacc, in the sarne
manner as if this endorsernen t had not lreen issued.
his endorsemen c is made a part of said policy aad is subject co the
Sclredules, Conditions and Stipufatjons there in, excepE as modified by theprovisions hereof.
Page 2 of 2
Bepresenting Chicago Title Insurance Company
a
I.ANO
?
4.
ilrffi;ffi:HiliHp**'r'.*'f *{'**i'*'r'****'r****'t**{**********l*t**'t******'i*-l;H;-
*****+:t ,****+***:*!*t:t ***+*'******+**********'1.r***:*:*tf +*'t**:t********!*****!****+:*,***********+*!t***!t+
Statement Number: R0ooo0o325 Amount: 5250.00 Ol/02/2ool04:28 PM
Palment Method: Check Init : .fAR
Notsation: 63 05
Permit No: PEcoloool \4)e: PEc - Minor Subdivieion
Parcel No: 210112313 010
Site Address ? 442O GL,EN FALLS Ll{ VAIL
Location:Total Pees: $250.00
This Palment: $250.00 Total Al,L, Etnts: $250. o0
Balance: $o.00
***!** +* ** **!*+ **:t'i * {r**** *,i*** ***'1.* ** **'i* ***** *{. {r r* ** * * + *.t}* ***1.* * t( * * * * * * * * + * * ** *:t:* 't ***'*'} *'t** ***
ACCOI.JNT ITEMLIST:
Account Code Description Current Pmts
PV OO1()O()()31125()O PEC APPLICATION FEES 250. 00
+'ti***'i'tf '*++*tr** * *i*r' r*f a*******,*++***tl**+f r**t**************n*+{.*+t+{.,},t***i*ti,r******
TOWN Or VAIL, COLORADO st8t€m€nt+tt'l't *i ltrt *ti'ttt'l **'tf **'|'| t'r*** **!t't'l * *****+ * *** *** *'| * ***** +*,t**** **+**,t* +**,*,** ** ** * **,t,**t,t,t* t**,* +Statement Nurnlcer: R000000325 Amount: 9250.OO Of/OZ/2OOLO4:20 pMPayment Uethod r Check fnit: JAR
Nocationt 53 06
permi t No: PEC01O001 t1rye: pEC _ Mj.nor SubdivieionParcel l{o: 210t 12313010Site Addresg:. 44ZO GL,EN FAJJIS LN VAIIrLocation:
Total Fees:Total AIJL ttnta:$250.00
$250 - o0ThiE Palment :$2s0.00
Balance: g0. o0** **{t**tt'ti +*'t:i *'}*'*l*!i'}* *{r***++ {r*** +**lrt*+ t' ***** * +* ***** * *,t***+* +**** * *!i *,t** **,r** *!r** *f*** *t}*tACCOUNT ITEM LIST:
Account Code Description Current pmts
PV 00100003i12500 PEC APPLJCATION FEES 250.00
I
Albert and
5205 E Und€n CT
eeenrood Village
Graubart, Donald lrl. & Anne p.
121 N. Po6t Oak tn 2101
fh.Eton -rx 2024Vicbria Belsky
Co 8012r
Affen, Stuart and Chri.stine
838 ri'|vc
@lden Co 8(XO1
Assenmacher, Gerhard-landry & Robyn
21455 Glen fdb tn
Vail Co 8165/
.++40 Gl€n Falls Ln
Vail Co 816t
Beubl, Cara
o,6t{ading & hofE
.1635 Sar/ Fegirdlf 750
HoLSn TX Z/(P7
Box, fohn P.
f90f Grecn Oaks Dr
utdeur co 80121
P.O. 80( 395
f,lesa C, 81643
Gerngros, Rainer
4367 $earn$de Cr
Vail C-o 8l6f/
tftkxrwn
tr
Belleville, Walter& Linda R Trusbes
Hallenbedqr George
6 Folo Oub Or
Den€r Co 80209
I
Isaksson, larc A. & Gunilla
4425 Glen Falls tn
vdl Co 8165/
-fi-I
Ketdram, W. Kembh & Linda K
Flarrersffi
Tortola Eriush virgin Islads
I
law; DonaH & Susan
5536 E Minrd Ln
UEebn Co $f 22
LLC, Rad Four
228 eidgE St
Vail Co 816t
toupr SallyA
3072 l{dsr Dr
tal€'/vood Co 80215
954 Rde&h
Glewior [- 6(x)25
Personal, Itlaynor Quatifi d
Tn q, unda M. ltayfs TnsEe
300 Berry Hollo', RderEr AL 35724
I
S€gal, Ioan-Beryer and Arthur
2 thitE|den tn
O,virEs Mllls MD 21117
LO(3UOO
1rl" ttuideedr
E
Splt+ Robin L
28flt Islrd Dr.
Bc.lder&&Bof
tr
Trrtrt' lfkglnla
.5f55FaimrltBrrd.
H^ringt/dky o|l.H{t22tl
EFoRlvi€ratflsm
Engl€n ood Co 80111
Uinihlrr.
PO Bo( 1250
wir@81558
1qurul.r&iailn
JJJ €r-rl( C^*e- O OJ . | \t\9/ \- c+. - rr -f \-'--I . ..
ho.. \*.f\: St"qc rO*W\brO
$o6fr,or..l.S \z-.'f
5harur3 [rfg^aV* q;*\/ brtouc- C*bJ *,t{. gf
5K\$-*\c;
jt'€^y-
Co,* tVf *\ go \"'gt^.r,, 5\^-\9
$*, eA^^,\\( g* co'. n\q5
\E-\o\, t/fu^e
o
ffi'
1
o
2880 Islatd Dr.
Bor.dder Co 8finr
46155 Faarmout Bild.tirffngvdle/ oH.{4022
9350 Riviera lf,lls DR
Argreyr,ood Co 801f 1
FO B.D( 1250
Vail Co 81658
thlqDvn
G," rrEM MAYAFFE.T"ou* r*or*"
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on January 22,2001, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideraiion of:
A request for a variance from Title 14, Vail Town Code, lo allow for 4' and 6'walls within the front
setback, located at 100 Vail Road/Lot 35, Block 7, Vail Village ',|"' Filing.
Applicant: Bill DorePlanner: George Ruther
A request for a minor subdivision, to allow for the division of an unplatted lract of land into two
lots, and a request for a rezoning from Residential Cluster Zone District to Single'Family
Residential Zone District, located al 1552 Matterhorn Circle/SW % of Section 12, Township 5
South, Range 81/ West of the 6th Principle Meridian.
Applicant: Dave HilbPlanner: Bill Gibson
A request for a final review of a proposed special development district to allow for the
construction of a new conference facility/hotel; and a final review of conditional use permits to
allow for the construction of fraclional fee units and Type lll employee housing units al 13 Vail
Road / Lots A, B, C, Block 2, Vail Village Filing 2.
Applicant: Doramar Hotels, represented by the Daymer CorporationPlanner: Breni Wilson
A request for a minor subdivision, to allow for interior conversions within Forest Glen Subdivision,
s- / located at 4301-4480 Glen Falls Lane/Lots 1-14, Forest Glen.T-{Applicant Nancy Snyder
' Planner: Allison Ochs
The applications and information about the proposals are available for public inspection during regular
office hours in lhe project plannels office, located at the Town of Vail Community Development
Department, 75 South Frontage Road. The public is invited to attend project orientalion and the site
visits that precede the public hearing in the Town of Vail Community Development Department.
Please call 479-2138 for information.
Sign language interpretation available upon request with 24-hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published January 5, 2001 in the Vail Trail.
, .rt['',1''fo"fo
,'kJl;:t'\f'.J' J
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development
April 12, '1993
.tr, a)aL '/ . i , r ''/
. ', i/t(f4
h'd a-t '.; /l '/r 't
A request lor a minor amendment to SDD No. 27 lo relocate the private
pedestrian easement ("pool path") between Lots 5 and 6, Forest Glen
Subdivision.
Applicant:
Planner:
RAD Five Limited Liability Company
Tim Devlin
I. DESCRIPTION OF THE REQUEST
The applicant is requesting a minor amendment to SDD No. 27 in order to relocate the private
pedestrian easement ("pool path") between Lots 5 and 6 of the Forest Glen Subdivision. The
10 foot wide easement was originally platted parallel to the north property line of Lot 6; the
applicant has requested to shift the western portion of the easement approximately 20 feet to
the north of its platted position. Please see the attached Exhibits A and B.
II. AMENDMENT PROCEDURES
Section 18.40.100 (Amendment Procedures)of the MunicipalCode stipulates the following for
minor amendments to Special Development Districts:
"Minor amendments: Minor modifications consistent with the design criteria
outlined in Section 18.40.0208 (attached) may be approved by the department
of Community Development. All minor modifications shall be indicated on a
completely revised development plan. Approved changes shall be noted,
signed, dated and filed by the department of community development."
ln addition, the Municipal Code also stipulates that the Community Development staff shall
inform the PEC of the staff action on the reouest for a minor SDD amendment.
III. STAFF ACTION
The Commrrnity Develonmgd Le-padme.nt s_taff believes tha.t the relocation of the private
geqegllig! easement is. censigtent with the design criteria outlined in section 18.40.0208
fattbched), and has approved the request to relocate the private pedestrian easement to the
applicant's proposed location. The architect for the owner of Lot 5 has provided the staff with
a site plan that indicates how the relocated easement will function with regard to the driveway
and landscape plan lor Lot 5. This site/landscape plan will be shown to the PEC at the April
12, 1993 PEC Meeting.
.t
ZONING
unit owners if authorizcd io conformity witb all pcrrinent
requircmctrts of rhc condomin.itl6 rs-s6qixtion's declara-
tions and all othcr rcquircmcns of thc condominium
/6,t/0, oZo
-...6}dil1il1t:H.""'.',rii','
ts,"n rcviev). shan mcan uodifi-
-\
fcations to building plans, site or tandscapc plans tbat do
- not altcr thc basic intcnt and cbaracter of tbc approvcd
spccial dcvclopEcnt district, aod arc consistent witlt tbc
design crircria of this chaptcr. Minor amcnd-mcnts may
include, but not be limitcd to, variations of not morc
than five fect to approved sclbacks andlot building
footprints; changes to landscapc or sitc plans that do not
adveiscly impact' pcdcstrian or vchicular circularion
throughout thc special dcvctopmcnt district; or changcs'
to grJss floor area (cxcluding residcnrial uscs), of not '
moie tban five perccnt of thc approvcd squarc footagc of
rctail, officc, Comraon areas aod othcr nonrcsidcntial
[oo units; modify cnlarge oy'expand any
approved spc dcvelopmcnt district Jltcr than minor
in Scction 184.0208.)
D. "UnCcrlying zonc diltt an tbc zone district
existing on thc propeny;irf,poscd on tbc ProPeflY at
the timc thc spccid dcvelo district is approvcd.
E. "Affccted proPcrtY" sh within a spcciat
devclopment di f its proximity or
relationship to
approved dc bpment plan, may
dcsign, d ty lDcrcasc, cDaDSc
6ns changing tbc impacts,
spccial devclopmcnt districr.
(re88) $ I.)
(vril 11.29.89)
382-r0
LOr 4
L8,0?7.4 squone'feet
0.414 qcres
$
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2o.d.
,, xq'- / c:---- /;, .:.\' k-to' -<1".
'li:' q \. -"<-..',,t\. \
W:
i.;'r':; \ fr \t-=25.t7'i:.ii:, \ #
..:i'1-l'1: ^\'fffi$l r
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.'li . :.i:' / n'''i,:',,5
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i. /-dj :' /S'
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.; f\s'
{ lptrrmt
SF
fpu,trt f(Psf44nl
E+saliElvr
.+-=
. --<-
Fo
_,';1.t'.
LOr 4
18,027.1 squore fcct
0.{14 ocres
.,
^\.%'ao) --
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fa/
TNLJN OF VRIL COM_DEV ID:]03-479-2452 I'1FR 19'93
t\r..rF r.. -litU l, i,,,... . ,: i.,,irevlged L0/5/92
I.Iill:"3;":i3"I:.:?, i"::*I?r-:9:- ary pro Ject, .nu. *-ffithrough the Speciai rje"eiop,n""r-iii.iiid;";.;;;;d::
The apprrcaLlon wirr not, be accepced until. arr rnformationis subnltted.
. APPLICATIoN ToRIIIDtrSrRICf,
DATE APPLICATION RECEIVED
FOR SP&CIAIJ DE/EIOPI,DNEDE\/&LOPMENI PIA}I 4*b {:' +r
y'sea'p,*.rp7Y rd
?-.(pleaee prlnt or t,ype)
A. APPLICANT
B.
* ,vux / Lfirr H6s1. ._-^_.-luonnJZ_j_l6e__ .AppLrcANr s REpREsENrArrvE l/n ^ . i?,-lr ,, _ADDRESS_-Z@/hL.2 _pHoNE___*_
c.PROPERTY OWNDR (S') ,A-v^t .
owNER(S) srcNAIuRu(s)
MAILING ADDRESS
LOCATION OF PROPOSAL:STREET ADDRESS,
-L0T_tllocK_.suBD rVr S roN
E' ) STAI'{PED, ADDRBSSED ENvELopEs or.THE NA}4ES oF owNERs or€- ALL PROPERTY .AD.JACET'r' iO-rHE SUBJSCT PITOPEIITYLrsr or, THErR NAME' emo-r,riiirr,rc ADDRD''ES. AND A- l. ,.
I;.'' I,I':::.:'::'.:: :::::Y
OWNERSIIIP AND EASEMENTS f;YnZII. :lffirJf l"copies of rhe followins infornrarion ,rnust, be
.-.-.\\!> Detailed written/graphic description of proposali
B. An environmentar.impact report shar.r be subnltted, torhe zonlns administ;;a;.-i;. accordance wiin- chapterll;i3"i;i6ot unicsi-iii"ui' uy s"ciil,I-riils'e . oio, exer.,.,
C, An open space and recreaLional plan sufficient to me..'lthe demands generated by the developnent without undr.:._burden on avair'abre or-fi'Jpos"J.il;i;';";";iii.ru",
D' Existing contour6 having contour inLarvars of not ,norcbhan five feet if tfre "iniige slope of the sice isll:ttuv percent or less, or with contour inLervars ofnot more ti"ro te' feet If tne averai"-"rop!=or the site1s greater than twenty p"r"*nt..
E. A proposed "1!g plan, au a scal"e not, smaller Lhan oneinch equals fifty feet, -sIo"ino tho ,-r46761,.f *";^
D.
,) /
/.. r'- ,tr I ;
FfD F|VF Ll[iiTgD LiAt:iiry Cof,/pAi{y
By Bonald H. Riliy, r,i.ir,ri6r
ifurc:/ - ,i/ "
:l
Tt]ljjN OF VAIL COI.4-DEV Il:3Cr3-4iq-24=2 MRR 19'93 IL:23 Nci.{:r ll F
$1,5oo. oo
$1,000.00
$ 200.00
Check #
llr-,
F A preliminary landscape -plan, a! a scale noC Emaller
lnin one incir eeu;I" rittv feet, -showing existlng
riniisiiie reasuies to be ietained or romoved' and
;;;;i;;-proposed rano""iping and randscaped :lc9- 'i.u"roprnlnt' featuies, suth is outdoor recreatlonal
fu"iii'ties, uicvcte-iaths, trailsr pedesLrian-Elu'u*
and walkwuyc, vlhr.cJ: ioatrrron and ot'her olements'
Preliminary building elevations, sectlongr and f,Ioo::
;i;;;; -;a-L scate-n6t smarrer than one-elsht'n- equail s
;;;";;";; in-I"iiicrent deLail.Lo deternine froor area'
iti""-."li8unirui-iroot ut"a, inLerlor clrculatlon'
rocations or uses ,igntn buirdlnqs, -and the S919rar
scale and appearance of the ploposed developmenB '
III. TIME REOUIRtrMENTS
NOTE:
IV. FEES
A.ThePlannlngandDnvironmentalcomnlssionrreegsonthe2nd and qtn rnonOays of eacn month' An appllcation wiLh
the neces"aty i""-o^panying material musg.be subn'itt:et-l
four weeks pitot to th; dat'e of the neeting'
B. The developer rnust begin initia] consEruction of the
special Oe".iopment district wit'hin three years fr'-rrn
Lhe Lime or iti final approval, and continue diljil'-:lf ly
toward t'ite compreiion ot'the project' .rf t'h3. speci il
deveropment ai'strtct is t'o be developed. ln phasesr llre
developer must begin construction of subsequent phases
within onu yeit oi tn" completion of the prevlous
Phase.
It is recommended Ltrat bofore a Special
D;";ro;;;;t DistrlcL appricaLion is submit't'e(l' a
pru-.pirfi"aLion meeting- should be set up with a
memUer- of the Department of, Conmunlty Devel''':;' '-"':
Applicacion !'ees are as f oll'ows:
Establishnent of SDD :
MaJor Amend.ment's:
Minor Amendments:
A.v.
B.-APPtication
fee Paid: $-- Date
lf chis applicatlon requires a separate review l-';' -"''
fo"uf ,
-stirte or Fecleral agency-other than Bhe Tor'';' : '-
vifi,'t^he applicaeion fee shaII be lncreased by
SiOO. OO. n'xinrples of such review, nay include, -b'ti n::e
no'L Iimiued to-: Colorado Department of Highway Ai:"':'::
Permltsr Army Corps of Engineors 404, et'c'
The appllcanL shalI be responsible for paying 'rn'''punfi'siring fees which are in excess of 50t of t'lr'"'
ipplicauion fee. lf, at the appllcant's requesir rry
*itt,ur is postponed for hearing, causing Lhe matLcr t'o
te te-puUfishe-d, then, the entire fee for 6uch rc-
publlc-ation shall be paid by the appltcant.
Applicatlons deomed by the Communlty Developnent.
't
TOUN OF VRIL COM-DEU: ..! .. ',f :-.ID:303-479-2452 MRR 19'93 t1.24 No.t'll c.'-
money necessary t,o pay hlm or her and Ehie anount shallbe forwarded to rhe Town by the applicant, at the tlmehe f,ilee hls applicat,ion with the- borrununily Developmenr:DepartnenU, Upon completion of the review-of the '
gpplicat,ion by the consultant, any of the fundsforwarded by Lhe appllcant for paynent of, thoconeultant which have nog been paid to the cgnsultantehal.l. be returned to the appllcanL. Expenses lncurredby ltre Town in excess of the anount for-warded by theagpllcant shall be pald to the Town by the. applicantw1thln 30 days of notification by the Toun,
l'
FILE
b
OPP
<*@
V 6ft=f -
Gler 1ib-TOIYN OFVAIL
75 Sourh Frontage Road
Vail, Colorado 81657
303 -479-2 I 3 8 / 479 -2 I 39
FAX 303-479-2452
D e partm e nt of Com n uni ry Deve Io pnte nt
May24, 1993
Kevin P. McDonald, Senior Vice President
First Bank of Vail
17 Vail Road
Vail, CO 81657
RE: Forest Glen Subdivision
Dear Mr. McDonald:
At the request of Ron Riley, developer of the Forest Glen Subdivision, I am writing to you to
certify the completion of specific improvements within this subdivision and to authorize the
release of certain funds, as outlined in the Developer lmprovement Agreement with the Town
of Vail. The original lrrevocable Letter of Credit was for the amount of $1 94,219.50, on the
account of Timberfalls Associates, On April 22, 1993, the Town authorized the release of
$1 1 8,668.50, thereby maintaining a balance ol $75,551 .00.
At this time, the Town can release an additional portion of the letter of credit in the amount of
$55,701.00. The remaining workstill needed to be accomplished and the corresponding cost
associated with it is as follows:
lf you should have any questions or comments regarding any of the above figures, please do
not hesitate to contact me at 479-2138.
Sincerely,
Mike Mollica
Assistant Director of Planning
Ron Riley
Greg Hall
/qt /4,2.4:W /!,fre- I "-/^j J/-'J '* zaYa
$1,000
$2,100
$1,150
$2,000
$10,600
$3,000
G"7r il*cb tr *ffiq -&
rya^I ;&l-*+Tou/";4
rc+ *..f-t &*-,**: / >4 4rr*(.a^d(
.Ditch Work
.Shoulder Gravel
.Concrete Pans
.Utility Adjustments
.Final Lift of Asphalt
.Landscaping
TOTAL:
\
XC:
l-rybe^i ,t4 Tf<,
h. h,eL:
o
FIL T TOPY
75 South Frontage Road
Vail, Colorado 81657
303-479-2 I 38 / 479-2 r 39
FAX 303-479-2452
April22, 1993
Deparunent of Contnunity Development
Kevin P. McDonald. Senior Vice President
First Bank of Vail
17 Vail Road
Vail, CO 81657
RE: Forest Glen Subdivision
Dear Mr. McDonald:
At the request of Ron Riley, developer of the Forest Glen Subdivision, I am writing to you to
certify the completion of certain improvements within this subdivision and to authorize the
release of certain funds, as outlined in the Developer lmprovement Agreement with the Town
of Vail. The existing lrrevocable Letter of Credit is for the amount of $1 94,219.50, on the
account of Timberfalls Associates.
At this time, the Town can release a portion of the letter of credit in the amount of
$1 18,668.50. The remaining work still needed to be accomplished and the corresponding cost
associated with it is as follows:
.Ditch Work
.Shoulder Gravel
.Concrete Plans
.Utility Adjustments
.Final Lift of Asphalt
.Landscaping
.Public Service
.Holy Cross Electric
.Telephone
.Cable Vision
TOTAL:
$1,000
$2,100
$1 ,1 s0
$2,000
$10,600
$17,380
$9,321
$18,000
$7,000
$7.000
$75,551
,J
Page Two
April22, 1993
McDonald
lf you should have any questions or comments regarding any of the above figures, please do
not hesitate to contact me at 479-2138.
Sincerely,
tle ha-
Mike Mollica
Assistant Director of Planning
xc: Ron Riley
Greg Hall
t
rr0 JUr* 2 ? €92t-TBAIK
OF VAIL 17 VA|L ROAD VA|L, COLORADO 81657 303-476-5686
IRREVOCABIJ LETTER OF CREDIT
DATE: July 14, 1992
AMoIINT: 9194,219.50NUIIIBER: 874-LL23
EXPIRATI0N: Julv 14. 1993
The Town of Vail
75 So. Frontage Rd. West
Vail , CO 8L657
Gentlemen:
We hereby open our Irrevocable Letter of Credits in your favor available by
your drafts drawn on the FirstBank of Vail, 17 Vail Road, Vail , Colorado
8L657 , at sight for any sum not exceeding the total of ONE - HUNDRED -NINETY-
FOIIR-THOUSAND-TWO-HLINDRED-NINETEEN AND 50,/100 DOLIARS on the accounc of TIMBER
FALLS ASSOCIATES.
Each draft must bear upon lts face the clause, " Dralirn Under Letter of credlt
No. 874-1123, dated July 14, L992, of FirstBank of Vai1, Vail , Colorado.r' Thedraft should be signed by the Town Manager.
The amount of each drafc, which is negotiated pursuant to this credit,
together wich the date of negotiation, must be endorsed on the reverse side ofthis Letter of Credit.
I^le hereby agree that drafts drawn under this Letter of Credlt, and ln
conpliance with the terms, sha11 be pronptly honored if presented to FirstBankof Vail on or before July 14, 1993.
Sincerely,
Kevin P. McDonald
Senior Vice Presldents
KPM: sjw
SUBDIVISION IMPROVEMENTS AGREB,IENT
.THrs AcREEMENT, made and entered into this l</ttu day of
Lggzt by and between Tirnberfalls Associates, a
c"rEi$ e"neral elrtnership, hereinafter referred to asnsubdi\iider,rr and the Town of Vai1, a colorado Municipality, by and
through its Council, hereinafter referred to as rrthe Town.fl
WITNESSETH:
WHEREAS, Subdivider, in connection with the approval of the
final plat for Forest Glen, Vail, Eagle County, Colorado (therrsubdivisionrt), desires to enter into a Subdivision Improvements
Agreement with the Town as provided for by Section L7.L6.250 of
the Municipal Code of the Town of Vail, Colorado, as amended; and
WHEREAS, pursuant to said Code, the Town desires to make
reasonable provision for cornpletion of certain public improvements
(r'Inprovementsrr) set forth in Exhibit rlAr attached hereto and by
reference incorporated herein; and
WHEREAS, Subdivider has agreed to be responsible for the
performance and cornpletion of the Improvements.
Now THEREFORE, in consideration of the following mutual
covenants, conditions, and promises, the parties hereby agree as
fol-lows:
l-. Subdivider agrees to furnish all equiproent and material
necessary to perform and complete, in a good and workmanlike
manner, all Improvenents and work incidental thereto as set forth
in Exhibit rrAr'. Subdivider further agrees that it will be
responsible for all costs related to said work. A11 said workshalI be performed substantially in accordance with the
construction specifications and drawings as approved by the Town.AIl work shaIl be done under the inspection procedures andstandards established by the Town, shall be to the reasonablesatisfaction of the Town and shall not be deemed complete until
approved and accepted by the Town Council or said Counciltsappointed designee.
2. The Town agrees to approval of the Subdivision subject tothe terms and conditions of this Agreement.
3. The dedicated right-of-way or roadway as shown on thefinal plat will be constructed and naintained by Subdivider as aprivate access and may be closed to the general public, by gates
and other appropriate barriers and signs, until a roadway, orportion thereof, has been accepted by the Town for maintenance and
public access.
4. Subdivider shall at all tines prior to acceptance of the
roadway by the Town give good and adequate warning to the traveling
public-of-each and every dangerous condition existent in said roads
ina shall protect tne traveling public from such defective or
dangerous conditions. Until the completion of all the Improvementsher6in agreed to be constructed, roads not accepted as improvedshall be under the charge of subdivider for the purpose of this
Agreement; and subdivider nay close all or a portion of any street
oi road within the Subdivision whenever it is necessary to protect
the traveling public during the construction or installation of the
Improvements herein agreed to be made.
5. Upon conpletion of portions of the Improvements'
Subdivider witt cause its engineers (who shall be registered in the
State of Colorado) to certiiy in writing that the installation of
the Improvementsr'as portionl thereof may be conpleted from time
to tine, have been completed in conformance with all standards,
drawing,s and specifications as submitted to and previously approved
by the fown. inspection reports, test results and other supporting
docunentation shill be subrnitted with the certification. The Town
may provide periodic inspections as it deems necessary to assure
confornance with approved p1ans and specifications.
5. Subdivider agrees to conplete construction of all
inprovements within three years of the date of the Town of Vailellnning and Environmental Cornmission approval of the Final Plat
as provided in Section L7.L6.330 of the Municipal Code of the Townof Vail, Colorado. In addition, Subdivider shall provide the Townfinished plans of all public inprovenents as required in Section
L7.L6.2go of the Municipal Code of the Town of VaiI' colorado-
7. subdj-vider agrees that in the event it shall fail toperforn its obligations as set forth herein, the Town shall beirnder no obliga{ion to conplete or perform any of the said
inprovements or to issue pernits for developnent within the
Subdivision.
8. The Town shall not, nor shall any officer, agent, or
enployee thereof, be liable or resPonsible for any accidentr lossor damage related to the work specified in this Agreement, nor
shalL the Town, nor any officer, agent, or employee thereof, beliable for any persons or property injured by reason of the natureof said work. A11 of said liabilities are hereby assumed bySubdivider, unless the liabilities directly result from the
negligent or intentional actions of the Town, its officers, agentsor enployees. Subdivider hereby alJrees to indennify and hol-d
harnless the Town, and any of its officers, agents, and employeesagainst any losses, clains, damages or liabilities to which the
Town or any of its officers, agents, or enployees may becomesubject to, because of any losses, claims, damages or liabilities(or actions in respect thereof) that arise out of, or are basedupon, any obligation of Subdivider as hereinbefore stated.
Furthermore, subdivider shall reinburse the Town for any and alllegal or other expenses reasonably incurred by the Tortn in
connection with investigating or defending any such Loss or claim.
9. Subdivider shall provide the Town with a letter of creditissued by FirstBank of Vail, N.A. in an amount equal to J.oot of the
estirnated costs of cornpletion of all Inprovements. The estimatedcosts of conpletion of all Improvenents is attached hereto asExhibit B. Said letter of credit shall be delivered prior to, orconcurrently with, recording of the final plat. The Towfi shallprovide Subdivider with partial releases of such letter of credit
upon the conpletion of portions of the inprovements and upon thewritten approval of the Town (or its designee) i provided, however,that in no event, will any such proltress palment cause theremaining sums held in such escrow account to be less than an
amount equal to 1o0t of the estinated cost of conpJ.etion of all
rernaj-ning Inprovenents. Upon defau).t by Subdivider, the Town shallhave the unconditional right to withdraw funds to partially orfully complete and/or pay for any improvements or pay any
outstanding bills for work done thereon by any party.
10. Subdivider agrees to warranty all improvements describedhereunder for a period of one year after acceptance by Town.
11. This Agreement may be amended from tirne to tirne, providedthat such amendment be in writing and signed by all parties hereto.
L2. In the event of a lawsuit arising out of the terms ofthis Agreenent, the prevailing party shall be entitled to courtcosts and reasonable attorneyrs fees.
13. This Agreement and the obligations hereof shall be deemedto be covenants running with the land and shall be binding on the
successors and assigns of the partj.es hereto.
The Partieswritten.have executed this Agreement as of the date above
TOWN OF VArL, A COLORADO
I,IT'NICIPAL CORPORATION
ATTEST:
AJNA* 8. Fe.A'-
'rorat ul-erK
wITNEss rc.y hand and official seal:lly Comurission nxpires z -!gW
BY:
STATE OF COLORADO)
conNTY oF EAGLE i.=
The foregoing instrunent was acknowledged before ne this 4
ctay of - Ja-lv- . Lgg2, by @, asuayor, and MarFtn S. Raccko , as Tof,tn Clerk, of the Town of Vail.
I
H w 1i o'.+a 7tW, 1,r, nonn-Nota*y Public/
STATE OF COLORADO)
)ss
COI'NTY OF EAGLE )
The foregoing t was acknowledqe_, L992, ny -lalls Associates,do neral-as
Pa rp.
WITNESS ny hand and offig
My Commission Expires:
TIIIBERFALLS ASSOCTATES, A
COLOBADO GE ERAL PARTNERSHIP
,ragsubfor
o o
Town of VaiI (tork
EXHIBIT B
FORBST GLEI-
to be guaraltteed by
Btds( see letter
f trtorntn ,
LandscapingPubIlc ServiceHoly Croso
TelephoneCable T.V.
.GEC!EEEEt'13FE-EE
:.94,219.50
Letter of Credit)
from
Fng. )13S,5t8.50
17, 380 ,00
9,321 .00
18 , 000. 00
? , o00. oo
? ,000.00
'fnE LA\Y c.)r:r:rcFS crr:
Wear, Ros.tr. S llavers
A P,\ RT\ r. N i I t I r' !1 r P R !\ r: r: s s I liN ,\ r, C !.\ R P!1 R.\'r t i r s1000 Srlt"r'|| l:R.]\-l-\(ili Ii!.,\l) \\'IsT, St'tTu 2OOvr l t-, C-rt-'1R,\l),-r 8l(t57
Tr: r-1: Plr.r\ r: (3O3) -f76-76{6
l:^cs r! rLE (303) -176-71 l.s
.,r1fi
a't4 w
James R. \(ear
Richard P Rosen
RicLard D. Travers
August 1O, L992
Mr. Roger BehlerFirstBank of Vail
17 Vail Rd.vail, co 8L657
RE: Forest Glen Subdivision
Dear Mr. Behler:
Enclosed is an original and one copy of the Declaration
for the above-referenced subdivision. P1ease execute the
original Joinder of Lender which is attached to this
Declaration. Once executed, please detiver the original
Declaration and Joinder of Lender to Land Title Guarantee Co.
The copies are for your files.
If you should have any questions, please do not hesitate
to contact this office.
/skq
,/Firstbva.I
Very truly yours,
Itt!rl:[:sr!-r_Ar. C\-*paR-\Tr\r\sr \ifE.\|l A Tr\\'IRs, ltC. \Nt) Rlatt,\*D I>. R!.sE\, l'.!'.
^t
DECLARATTON OF COVENANTS, CONDITTONS,
RESTRICTIONS AND EASEMENTS
OF
FOREST GI-,EN
THIS DECLARATION OF
, L992, by Tirnberfalls Associates, a Coloradopartnership (the ttDeclaranttr)
RECITALS
A. Declarant is owner of that certain real property Iocated
in Eagle County, CoJ-orado, more particularly described on the
attached Exhibit A (the 'rPropertyrr) .
B. Declarant wishes to provide for separate ownership of the
lots located on the Property and to place certain covenants,conditions, restrictions and easernents on the Property.
Declarant does hereby publish and declare that the following
covenants, conditions, restrictions and easements which are for
the purpose of protecting the value and desirability of the
fropelty shatl be deemed to run with the land described herein,shall be a burden and a benefit to Declarant, its successors and
assigns, and any person acquiring or owning any right' ti-tle orinterest in all or any part of tfre Property and irnprovernents builtthereon, their grantees, personal representatives, heirs,
successors and assigns.
ARTICLE I
DIVISION OF REAL PROPERTY
1.1. Division of Propertv. The Property has been platted
into fourteen (14) Iots (collectively, the rrl,otsrr and individually'a rl-,ott), such lots being shown on the subdivision plat depictingthe Property as recorded in the records of the clerk and Recorderof Eagle County, colorado (the 'rPlatrr) .
L.2. Exception from General Provisions of CIoA. Pursuant to
Section 38-33.3-116 of the Colorado Revised Statutes, it is herebydeclared that the annual average cotnmon exPense liability of each
Lot, exclusive of optional user fees and any insurance prerniumspaid by an association, if EDy, may not exceed three hundred
dollars (9300.00). Accordingly, the property is not subject to thegeneral provisions of the colorado comnon Interest ownership Act.
covENANTS, CONDITTONS, RESTRICTIONS AlrD(the rrDeclarationrr) is'made as of /OtL
ARTICLE II
covENANTS, CONDITIONS AND RESTRICTIONS
2.L. Further Subdivision. No Lot shall be partitioned or
further surairriaea; provided that this provision shall not be
construed to (i) Iilnit the right to rent, or lease an entire Lot as
allowed in Section 2.2 hereofl or (ii) prohibit the ownership of
a Lot by more than one person or entity as tenants-in-common, or
joint tenants.
2.2. Residential Use. A Lot may be used for residential
purposes only and may be rented for such residential pu_rposes for
lny- Iength bf time provided that each rental shall be made
expficitfy subject to €he terms and conditions of this Declaration.
No Lot or any portion thereof shall be used in any way for any
business, cornmeicial, manufacturing, mercantile, storing, vending
or ottrer non-residential Purposesi gEsyidgdr however, ltrg9rprofessional and administrative occupations which generally do not
have customers or visitors shall not be precluded so long as there
is no external evidence of such occupations and such occupations
conform with aII applicable ordinances and are merely incidental
to the use of the Lot for residential purPoses; and furttrer.
pEqided, that, all vehicle parking associated with such
occupations takes place entirely on the applicable Lot.
2.3. ordinance Restrictions. AtI Lots and the uses thereof
shall at all times comply with the then applicable ordinances of
the Town of Vail, including, without Iinitation, the square footage
allowances, setbacks, height restrictions, site coverage
restrictions, parking requirements and other allottances,
requirenents and restrictions set forth in Ordinance No. 36, Series
of 199L.
2.4. Livestock. No animals may be kept, naintained, or bred
on any Lot or in any dwelling trouses or structure erected thereon,
excepl that a sna1l number of dogs' cats, or similar domestic
household pets may be kept on a Lot provided they are not kept,
bred or naintained for any commercial purpose and provided further
that they are kept in such a manner as to avoid becoming a nuisance
to other residents on the Property.
2.5. Nuisance. No nuisance shall be maintained, allowed or
pernitted on any part of the Property, and no use thereof shall be
rnade or pernltted which nay be noxious or detrinental to health.
No garbage, trash, leaves or other waste shalL be burned upon-any
Lot. No lights shall be permitted which are unreasonably bright
or cause unreasonable glare. AII possible steps, consistent with
the terms of this Declaration, shall be taken to ninimize fire
hazards. Notwithstanding the foregoing, decorative holiday
lighting shal.I be perrnitted. No open or exterior fires shall be
pernitted except for barbecue fires contained within receptaclesdesigned for such use. No satellite dishes or exterior antennaeshall be allowed except as permitted by the Town of Vail ordinancesand regulations.
2.6. Maintenance of Lot. Each Lot and the structures thereonshall be kept in good order and repair and free of debris, rubbish,trash and all automobiles other than those in running condition andcurrently licensed. No boats, trailers or recreational- vehiclesshall be regularly parked or stored on any street, or on any Lot
except, in a garage. No commercial vehicles shall be parked on anystreet or Lot longer than is reasonably necessary for the driverthereof to perform the business functions to which the cornmercialvehicle relates.
2.'l . Siqns. No advertising or display signs of any charactershall be placed or rnaintained on any part of any Lot.
2.A. Strean and Ditch Restriction. The owners of the Lotsupon which the stream and overflow ditches to Gore Creek areIocated shall not disturb, and shall not allow other persons todisturb, in any manner, (i) the existing configuration of suchstream and ditches, by darnming or realigning or other action, or(ii) the vegetation and wildlife in the areas bordering such stream
and ditches.
ARTICLE III
DESTGN AND CONSTRUCTION GUIDELINES
3.1. Compliance With Desiqn Guidelines.
A. In order to create an architectural quality which ishannonious with the character of the area in which the Property islocated and in order to preserve, enhance and protect the value,desirability and attractiveness of the Lots, no building, fence,privacy enclosure wall, retaining wall or other irnprovement orstructure of any kind shall be constructed, erected or maintainedon any Lot, nor shall any addition to or aLteration or change ofany existing improvement or structure be rnade which is not instrict compliance with the Municipal Code of the Town of Vail andthe architectural design guidelines for Forest GIen (the I'Design
Guidelinesrt) attached hereto as Exhibit B and incorporated hereinby this reference.
B. Within five days after subnission to the fohrn of VaiIof plans and specifications for construction of, or addition to oralteration or change of, any improvement of other structure on anyLot, notice of such submission shalt be sent to all ohrners of Lotsby certified rnail to the respective addresses of such owners as
Iisted on the Eagle County real property tax rolls.
c. Each owner of a Lot shall have the right to enforcethe covenants and requirements set forth in this Article.
3.2. No Wells, Seotic Srrsterns. No water wells, cesspools orseptic tanks shall be pernitted on any Lot.
3.3. Temporarv Structures. No temporary structure, such asa trailer, mobile home or tent shall be perrnitted on any Lot,except as may be determined to be necessary during construction andspecifically authorized by the Town of VaiI in writing and inaccordance with the regulations of the appropriate governmentalentities.
3.4. continuitv of Construction. All construction conmencedon a Lot shall be diligently pursued to completion and shall be
completed within twelve months of commencement unless exception isgranted in writing by the Town of Vail.
3 . 5. Storag,e of Materiats and Ewipment. During anyconstruction on a Lot, construction materials and equipment may bestored only on the applicable Lot. Such materials and equipmentshall be neatly stacked, properly covered and secured and are theresponsibility of the ovrner of such Lot and the contractor. Ownersof Lots and contractors shall not disturb, damage, trespass orstore materials or equiprnent on other Lots.
3.6. Debris and Trash Removal. O$rners of Lots andcontractors shall clean up all trash debris on the constructionsite at the end of eacb day. Trash and debris shall be rernovedfrom the site at least once a week to the closest solid wastedisposal site approved by Eag1e County. owners of Lots andcontractors are prohibited from dumping, burying or burning trash
anywhere on the Property.
3.7. Sanitary Facilities. Each owner of a Lot and eachcontractor shall be responsible for providing adequate sanitaryfacilities for construction workers.
3.8. Restoration or Renair of Other Propertv Damaqed.
Damage or scarring to other Lots and improvernents thereon,driveways or other improvements is not pernitted. If any such
damage occurs, it will be repaired prornptly at the expense of theperson causing the same.
3.9. Cornpletion of Construction. Upon completion ofconstruction of any improvernents on a L,ot, the buil-ding site shallbe cleaned up. The cutting of trees for the construction otirnprovements shall be kept to a minimum so as to rnaintain the
natural environment of the Property to the greatest extentpossible; provided, however, that, clearings of reasonable sizeshall be perrnitted for yards and gardens.
3.10. Utilitv Lines. AII telephone, television, water,sewer, 9dS, and other utility lines to be extended into theProperty, and aII extensions of the existing electric line into theProperty shall be placed underground.
4.L.
ARTICLE IV
EASEMENTS
Path Easement. Lot 6 is hereby subject to, andDeclarant does hereby create and establish a permanent, perpetual
and nonexclusive easement for the benefit of all of the Lots, in,on, over, under, across and through that certain strip of land (thetrPool Path't) on which a foot path is located, which strip of landis more particutarly shown on the Plat and on Exhibit C attachedhereto and incorporated herein by this reference and labeled as
'rPrivate Pedestrian Access Easementtr, for ingress and egress by the
owners of the Lots and their tenants and invitees and the inviteesof such tenants between the Lots and the swimrning pool, tenniscourts and other facilities located on the real property adjacentto the Property to the east, which real property is expected to be
burdened by an easement for the benefit of the Lots pursuant to the
terms of a certain docunent creating such easement which Declarantintends to record subsequent to the recordation of thisDeclaration.
4.2. Easement obliqations. The owners of the Lots shall bejointly responsible for rnaintaining and keeping the PooI Path andthe inprovernents and landscaping located thereon in good conditionand repair and all decisions relating to the Pool Path and theobligations of the owners of the Lots with respect thereto shallbe made by a vote of owners owning a majority of the Lots. A1l-costs and expenses relating to the Pool Path, including, withoutlimitation, costs and expenses of maintenance, repair and
replacement of improvernents and landscaping thereon and any capital
expenditures related thereto approved by the owners of the Lots asprovided above shall be divided egually anong such owners.
In addition, a portion of the Property is being dedicated tothe Town of VaiI as a road right-of-way for Glen Falls Lane asdepicted on the Plat. Certain landscaping is currently plannedwithin the Glen FaIIs Lane right-of-way adjacent to Lot 1 and LotL2, and witbin the existing Nugget Lane right-of-way adjacent toLot 1. The Town of Vail has granted, or will grant, to Declarantfor the benefit of the Lots, a license, revocable by the Town ofVail, pernitting installation, maintenance, repair and inprovement
of all landscaping within the Nugget Lane right-of-way adjacent toLot 1 and h'ithin the clen FaLls Lane right-of-way adjacent to Lotl and Lot 12. The o$rners of the Lots shall be jointly responsiblefor maintaining and keeping such landscaping in good condition andall decisions relating to such landscaping and the obligations of
the owners with respect thereto sha1l be made by a vote of the
ohrners owning a rnajority of the Lots. A11 costs and expenses
relating to such landscaping, including without linitation, capitalexpenditures approved by the owners shall be divided equally annongthe owners. Notwithstanding any provision of this Subsection 4.2,
any expense or liability caused by the negligence or willful act
of any owner of a Lot or his tenants or invitees or the inviteesof such tenants shall be borne solely by such owner, tenant orinvitee.
4.3. Drivewav Easement. Lots 10, lL, 12 and 13 are herebysubject to, and Declarant does hereby create and establish apermanent, perpetual and nonexclusive easement for the benefit of
Lots 10, L!, 12 and 13, in, onr over, under, across and throuqhthat certain strip of land (the ttCommon Driveway Easementtr)depicted on the PIat and on Exhibit D attached hereto andincorporated herein by this reference and labeled as rrPrivate
Access Easementrr. The Common Driveway Easernent shall be for
driveway purposes, vehicular and pedestrian access and ingress and
egress to and from Lots 10, 11, l-2 and 13 for the use and benefitof the owners of Lots 10, 11, L2, and 13 and their respectivetenants and invitees and the invitees of such tenants. The ownersof Lots 10, 11, L2 and 13 shall be jointty responsible fornraintaining and keeping the common Driveway Easement and the
iraprovements and any landscaping thereon in good condition andrepair and aLl decisions relating to the common Driveway Easement
and the obligations of the owners of Lots 1o, 11, 12 and 13 with
respect thereto shall be made by a vote of three (3) of the four(4) owners of Lots 10, 11, 1"2 and 13 (one vote per Lot). All costs
and expenses relating to the Common Driveway Easement, including,without lirnitation, costs and expenses of snolt removal,
maintenance, repair and replacement of irnprovements and any
landscaping thereon and any capital expenditures related thereto
approved by the owners of Lots 10, 11, 12 and 13 as provided aboveshall be divided equally among such owners, except that any expenseor liability caused by the negligence or willful act of any ownerof any Lot or his tenants or invitees or the invitees of such
tenants shall be borne solely by such owner, tenant or invitee.
4.4. Easernent Aqreement. It is the intention of Declarant tosubject certain property owned by Declarant, and which containsrecreational facilities, including but not limited to, swinrningpools, tennis courts, playground and certain other improvernents and
Iandscaping, to an easement for the benefit of the Property as well
as other properties subdivided, developed and sold by Declarant or
Declarantrs predecessor-in-interest. There would however becertain obligations placed upon the Property pursuant to thedocument creating such easement (the rrEasement Agreementrt).Declarant intends to place the Easement Agreement of record
subseguent to the recording of this Declaration and prior to thesale of any Lots by Declarant. In the event the Easement Agreementis not placed of record prior to the sale of any Lots by Declarant,then the provisions of this Section 4.4 shall not affect any Lot
conveyed to an owner by Declarant prior to the recording of the
Easernent Agreement without said ownerrs written consent.
ARTICLE V
GENERAL PROVISIONS
5.1. Enforcernent. Each provision of this Declaration,including without lirnitation, the provision of Section 3.1 hereof,shall be enforceable by any owner of any Lot by a proceeding fora prohibitive or nandatory injunction or by a suit or action to
recover damages. ff court proceedings are instituted in connectionwith the rights of enforcement and renedies provided in thisDeclaration, the prevailing party shall be entitled to recover itscosts and expenses in connection therewith, including reasonableattorneyts fees.
5.2. Jurisdiction. Each owner of a Lot hereby agrees thatany and all actions in equity or at law which are instituted toenforce any provision hereunder shaLl be brought in and only in thecourts of the County of Eagle, State of Colorado.
5.3. No Waiver. Failure to enforce any provision of thisDeclaration shall not operate as a waiver of any such provision,the right to enforce such provision thereafter, or a waiver of anyother provision of this Declaration.
5.4. Exercise of Riqhts. Any exercise of any right granted
hereunder by an ovrner of any Lot, including but not linited to, theuse of the easenents established herein, shall be exercised in a
manner which shal1 not unreasonably hinder, inpede or impose anyburden upon any other olrnerrs use of his Lot or the easementsestablished herein.
5.5. Notice. A11 notices or demands hereunder intended tobe served upon owners of Lots shall be sent by certified mail,postage prepaid, addressed in the name of the applicable owner atthe mailing address for such owner listed in the Eagle County realproperty tax rolls. fn the alternative, notices may be deliveredif in writing, personally to owners of Lots.
5.6. Du.ration. Each provision in this Declaration which is
7
subject to the laws or rules sometimes referred to as the ruleagainst perpetuities or the rule prohibiting unreasonablerestraints on alienation shall continue and remain in full force
and effect for the period of twenty-one (21) years following thedeath of the survivor of the nolr lawful living descendants ofCharles, the now current Prince of Wales, or until this Declarationis terminated as hereinafter provided, whichever first occurs. All
other provisions contained in this Declaration shall continue and
remain in full force and effect until January 1 in the year 2018A.D., and thereafter shall be automatically extended for successiveperiods of ten (10) years each.
5.7. Amendment and Termination. This Dectaration may be
arnended or terrninated at any time and, in the case of amendnent,
from time to time, (i) by Declarant, or his successors or assigns,if Declarant, or such successors or assigns, then owns all of theProperty, or (ii) by the vote of the owners of at least 10 of theLots, including Declarant, its successors or assigns, as to anyLots then owned by Declarant, or such successors or assignslprovidg{, however, that, this Declaration may not be terninatedwithout the prior written approval of Declarant, or its successorsor assigns, if Declarant, or such suceessors or assigns, then owns
any Lot. Hohrever, notwithstanding the foregoing, Declarant may not
arnend the provisions of Section 4.1- without the unanimous approvalof all Lot owners. No amendment or termination permitted underthis Section shall be effective unless the anendment or termination
document (A) expressly refers to this Declaration, (B) has beensigned by Declarant, its successors or assigns, in the case of an
amendment or termination made in accordance with the provisions of
subparagraph (i) above or by tlre owners of at least three Lots in
the case of an amendment or termination nade in accordance with theprovisions of subparagraph (ii) above (each of which owners shallcertify on such docurnent that sarne cornpJ.ies with the provisions ofthis Section), and (C) has been recorded in the real propertyrecords of Eagle County, Colorado. Any amendment or terrnination
rnade in cornpliance with the provisions of this Section shall beconclusive and presumed to be valid as to any person relyingthereon in good faith and sha1l be binding upon all owners of Lotsand all other persons and entities bound hereby, whether the
burdens thereon are increased or decreased by any such arendnent
and ivhether or not such owners or other persons or entities consentto such amendment or termination. Notwithstanding anything to thecontrary set forth above, so long as Declarant, its successors orassigns, olrns any of the Lots, this Declaration cannot be amendedto nodify or elirninate the easements and rights reserved to and/orestablished for the benefit of Declarant without the prior writtenapproval of Declarant, its successors or assigns, nor may thisSection be amended without the prior written approval of Declarantor its successors or assignsl and any attempt, act or purported
anendnent to do so shall be null, void and of no force or effect.
5.8. Effect of Provisions of Declaration. Each provision ofthis Declaration, and any agreement, promise, covenant and
undertaking to comply with each provision of this Declaration, and
any necessary exemption or reservation or grant of titIe, estate,right or interest to effectuate any provision of this Declaration:(i) shall be deemed incorporated in each deed or other instrumentby which any right, title or interest in any portion of the
Property is granted, devised or conveyed, whether or not set forthor referred to in such deed or other instrument; (ii) sha1l, byvirtue of acceptance of any right, title or interest in any portion
of the Property, be deemed accepted, ratified, adopted and declaredas a personal covenant of the grantee of such right, title orinterest and, as a personal covenant, shall be bindi.ng on suchgrantee and his heirs, personal representatives, successors andassignsl and, shall be deemed a personal covenant to, with and forthe benefit of each other grantee of any right, title or interestin any portion of the Property, and (iii) shall be deemed a real
covenant by Declarant, for itself, its successors and assigns, andalso an equitable servitude, running, in each case, as a burdenwith and upon the title to each and every fee simple estate
comprising the Property.
5.9. Persons Subiect to Declaration. A1I present and future
owners of Lots and their tenants and all ottrer occupants of Lotsshall be subject to and shall cornply with each and all of theprovi.sions of this Declaration. The acceptance of a deed to anyLot, the entering into of a lease or sublease of any Lot and/orthe entering into of any other occupancy and/or use of any Lotshal1 constitute an agreement and assent by the applicable orsner,tenant or other occupant or user that each and all of theprovisions of this Declaration, as the same may be amended fronttine to tirne hereafter, are accepted and ratified and are bindingupon such owner, tenant or other occupant or user.
5.10. Joint ownership Lots. In the event of joint ownershipof any Lot, the liability of the persons or entities comprising
such ounership shall be joint and several.
5.11. Establishnent of EasenenLs. All of the easementsestablished in this Declaration shall be deerned to be established
upon the recordation of this oeclaration and shall run with theland and burden the applicable portion of the Property to whichsuch easements relate and shall be appurtenant to the Lots which
such easements specifically benefit hereunder.
5.12. Easements for and Riqhts of Declarant. Notwithstandinganything to the contrary contained herein, there is berebyestablished and reserved to and for the use and benefit ofDeclarant, its successors or assigns, for so long as Declarant or
such successors or assigns shall own any portion of the Property,together with the right to grant the same to others, such
easements, rights and rights of use in, over, under, across andthrough the Lots as are or may fron time to tine be necessary ordesirable for Declarant, its successors or assigns, and theirrespective agents, architects, contractors engineers, ernployeesand realtors to excavate, grade, construct, build, develop,Iandscape and complete site improvements on the Property,including, without lirnitation, any landscaping around or relocationof the streams, ditches and other drainage areas into Gore Creek,and any maintenance and construction of electrical, telephone,television cable or water, gas and sanitary sewer lines.
Furthermore and notwithstanding anything to the contrary set forthherein, Declarant, its successors or assigns, and their respectiveagents, architects, contractors, engineers, employees and realtorsshall have the right at any time and from tirne to time for so long
as Declarant or its successors or assigns shall own any portion ofthe Property, to (i) construct and naintain any temporaryconstruction office or other structure or improvement and to bring,store and rnaintain any trailer, other temporary structure, signs,construction naterials and equipnent on any portion of the Property
owned by Declarant or its successors or assigns in order to conductand faciLitate the construction of site improvements on theProperty, and (ii) conduct such activities on the portion of theProperty then owned by Declarant, or its successors or assigns, asDeclarant, or such successors or assigns, shall desire, in its solesubjective opinion, to advertise, show, market, and sell Lots andconstruct site improvements on the Property, subject to theregulations and ordinances of the Town of vail.
5.13. No Representations or Warranties. No representationsor warranties of any kind, express or irnplied, have been given or
made by Declarant, its successors or assig1ns, or their respectiveagents, employees or representatives in connection with theProperty or any Lots, its physical condition, zoning or other legalclassification, value, fitness for intended use, nor in connectionwith the subdivision, sale. operation, rnaintenance, taxing orregutation thereof, except as nay be specifically set forth herein.
5.14. No Third Partn Beneficiaries. No person or entity notspecifical-ly referred to herein shall be deemed to be a beneficiaryof any of the covenants, easements or rights herein set forth andno such person or entity shall be entitled to enforce any of suchcovenants, easenents or rights.
5.15. Severabilitv. Invalidity or unenforceability of anyprovision of this Declaration in whole or in part shall not affectthe validity or enforceability of any other provision or any valid
and enforceable part of a provision of thj-s Declaration which shaLlremain in full force and effect.
10
5.]-6.Canti.gns.Thecaptionsandheadingsinthisinstrumentare for "ottvilIEiE"-only and-snaff not be considered in construing
any provisions of this Declaration.
5.17. Construction. when necessary for proper construction,
the mascufiriE o?G-f word used in this beclaration shall include
the feminine or neriter gender, and the singul-ar the plural, and
vice versa.
5.18. GoveEninlLaw. This Declaration is nade and executed
under ana sn-tt-EEJ6le-rned and construed by the laws of the State
of Colorado.
IN WITNESS WHEREOF, the undersigned being the Declarant herein
has executed this Deciaration on the day and year first above
written.
DECLAR,ANT:
TfMBERFALL,S ASSOCIATES'a Colorado general
partnership
by: nAD Five Linited LiabilitY
c6npany, a Wyoming Linited
Liability ComPanY' General
STATE OF
cotNTv oF
l
)I
ss.
ne this dL;The. foregging instrument was acknowledged -beforeday of 1Y,1, triT - , . ' Lgg2 by Ronald H.. Ri-ley. as
irAb Fivm cornpany, a wyoming Linited
Company, as general partner of Tirnberfalls Assocj-ates,
general partnershiP.
Member forLiabii-itYa Colorado
Witness my hand and offlgiql -peal.
H. RileY,
/declfore
11
Notary Fublic
EXHIBIT A
Property Description
Forest Glen Subdivision according to the recorded plat thereofrecorded on I L992, in Book _ at Page _ inthe office officorder, Eagle cot[frrFy, colora6]-
,/exharile
EXHIBIT rrBrt
FOREST GLEN DESTGN GUIDELINES
A. General,/fntent
1. It is the responsibility of each lot owner to understand and
comply with Town of VaiI Zoning requirements which includeregulations regarding architectural and landscape designguidelines.
2. These regulations and guidelines are intended to supplementthe Townrs regulations and guidelines and where any conflictoccurs, the nost restrictive provision shall govern. Thesequidelines shall be utilized in conjunction with the Town ofVail Design Review process and are neant to reinforce thenatural beauty and quality of Forest GIen.
B. Architectural Guidelines
1. fntent. The intent of these architectural guidelines is toencouragle individual expression in the design of each homewhile at the same time setting forth some basic criteriawhich will provide a certain level of consistency throughoutthe development.
2. Roof Forms and Materials
a. The roof form and materials are a najor elernent ofbuilding forn. In order to provide a compatibility
among the l-4 homes within Forest Glen only tbefollowing roof shapes are permitted within Forest clen:
- Gable Roof
- Partial Hip Roof- Full Hip Roof
b. The ninirnurn roof pitch shall be 6 feet in 12 feet.
c. AII roof rnaterial-s shall be natural woodshingle/slrakes.
3.
d. Roof overtrangs protect walLs and wall openings fron
snow and rain and contribute to a buildings character.Roofs shall overhang walls a minirnum of 24tt, except inlinited instances where such overhang would restrictped.estrian novement.
WaII Materials./Exterior Finishes
a. WalI naterials and finishes can lend visual interest toa home. With the exception of log homes in ForestGlen, aII hornes shall have exterior waLls cornprised ofat least two materials with at least 2Ot of the wallsurface covered by the secondary material . No morethan three different wall materials shall be utilized
upon the exterior of any home. owners are encouragedto utilize a combination of natural materials such as
wood, logi, stone and stucco finishes. on wood surfacesonly transparent stain of natural earth tone colorsshall be utilized. No painted wood surfaces shall beallowed. A1I exterior colors shall be naturatr, mutedearth tone colors.
The following exterior materials shall be prohibited:
- concrete block
- brick- ceramic tile
- aluninun or plastic siding
- steel siding
- simulated stone or wood
- asphalt or hardboard siding
b.
4.
c. AlL windovrs shal} be comprisedstained glass. No green tintedpennitted.
Utilitv Boxes./Meters
a. All utility neters/boxes shallfron the street and integratedof the home.
of clear glass orwindows shall be
be concealed frorn viewinto the overall design
5. Trash Enclosures
a. No free standing enclosures for trasb shall beconstructed upon any lot. AII trash storage areas
sha11 be designed to be integral with each home.
c.
6. Garage
a. Each horne shall contain a garage capable of enclosingat least two automobiles.
Landscape Guidelines
l-. Intent. The natural landscape of Forest GIen is one of thesitets most important qualities. Development of the sitemust not destroy this quality but should enhance it. Thegoal upon each site. should be to protect and enhance as nuchof the natural vegetation upon each site as possible whendesigning a horne. To enhance the existing naturallandscape, planted vegetation shall cornpliment nativespecies and be conpatible with existing environnentalconditions. Care should be t,aken to protect existingvegetation to be preserved during construction.
2. Plant Material Sizes.materials survive andrnininum tree sizes at
a. Deciduous trees:b. Confiers:
fn order to ensure that planted treehave a pleasing appearance, thethe tine of planting shall be:
Minirnun 2 l/2 'r CaliperMinimum 8 | height
3. Driveway Surfaces
a. Permitted materials for drj_veways are asphalt, unitparers, or concrete. If concrete is used it shall becolored in natural earth tones.
4. Culvert Openinqs. When culverts are installed underdriveways which access GLen Farls Lane. their openings shalrbe faced with natural river rock stone masonry. The goal isto conceal the rnetal culvert ends from view fiom the ioad.
6. Fences. Fences that arbitrarily foLtow individual lotproperty lines shall not be perrnitted. When utilized toenclose linited portions of a yard, fencing should be of adesign and scale that is cornpatibre with the architecture ofthe hone and landscaping.
P.O.gOX 979
O91O NOTTINGHAH ROAO
AVON, COLO. 91820
(303) E49-507e
7|Inter-ilIountain
,|1\o-sineerin€rLtd.
sulrE r0!
t42O /ANC€ STREET
LAKEXOoo. COLO. 8oels
r303t 232-0158
tcotqct No.
915705
or t€ ./ By:8/4/92 TV
Sh"Gt Nq.2 0F2
EXHIBIT,C,
LOT 4
L8,0?7,4 squore feet
0,414 acres
\d {.
2o.
LOT 5
19'797,4 squore feet,
0.454 o,cre s /q-- --<t*@$V
$'
G)\b [u
,@_
F- t Bl2s'zs' E
)---.t
!-=25.17'\q
h"
LOT 6
63,8 squore feet0.472 o,cres
o!TlInter-Mountain
fla-sineerinerLrd.
!
SUITE IOt
I42O VANCE STREET
LAK€I{000. cot-o. 80215
(303' a32-0r56
P.0.80x 978
O91O NOTTINGHAI.I ROAO
AVON. COLO. 816e0
(303) S.9-5072
*ol'"t no'9/5zos
ostc / By:8/4/92 TV
Shlrt No.toF2
EXH IBIT ,D,
LOT 12
L7,069J squore feet
0,392 o,cres lae
,rq)
/
@ LOr fi
18,7?9,6 squore feet
0.430 qcres
LOT II
12109.5 squore feet
0.393 ocres -&.
"Jr*-\-
LOT IO
a
o
JOINDER OF FIRSTBANK OF VATLIINJ{I
FirstBank of vail ,/NlA/./ ('tFirstBankrr), the beneficiary under
two Deeds of Trust both recorded July 29 | t992 in Book 585 at Page
753 and Book 585 at Page 756, respectively, all in the office ofthe Clerk and Recorder of Eagle county, colorado (collectively, thefrDeeds of Trusttr) , for itself and its successors and assigns,
approves the foregoing Declaration for Forest GIen, which affectsthe property encumbered by the Deeds of Trust, and agrees that noforeclosure or other enforcement of any remedy pursuant to eitheror both of the Deeds of Trust shal1 impair, invalidate, supersedeor ottrerwise affect the covenants, conditions, restrictions and
easements established by that Declaration or any supplernentthereto.
Executed this 10th day of Ausus t I L992
STATE OF COLORADO
COUNTY OF EAGLE
)
)
)
ss.
The foregoing instrument was acknowledged before ne
10th d6y of Ausust , L992, by E9gt. 4:_!9tt1gl_
Pres ident of the FirstBank of Vail //N/.H.
Witness my hand and official seal.
My commission expires: l1-24-94
this
as
Behler, President
Notary
17 Val1 81657
/joinlend
?'
2.
3.
4.
5.
'a .a*."t,'q.'--o, .',
''I'2,n
%
)
It
gr,td.I[tr#f;
July 2 t L992
Hr. Ron Rlletlnber Falis
288 BrldgeVail, CO 8t
Via Telefax
Re: ConstfuForestProject
Dear Ron;
Btds wthe Forest GfronB&B
The lowB e B Excava
Subgradefnetall
Shallow
Aggregat
AsphaIt,
If you wlshaephalt withthie fal1, a
tairln
A6soc,
57
4 7 6-0081
tion Bidelen SubdlvisionNo. 915708
eparationlvertg
i Iitlee
Bage Courseving
Total RoadHay
e received for the roaduay and utitity constructlon aten SubdLvision on June 24, L992. Bids Here receivedcavating, Ewing ?rucking and NpI .
st acceptable bld for roadway constructicn was froming and is surunarized as follcvsl
Poet.lt* brand fax transmitti? merno 76.11 e<f, of Pag )-ia wor ""i/"{rruitCo.
"T,ttt -nT?.'n,;"";*Oept.'=lo^"q+4-5o.a -'"^'|ru-=or-n"?q?^83?
gNII,PRTCE
$ 9,5oo. oot,700.00
15.300.00
21, 50
4?.50
Constructlon
TOTAL
$ 9,500.0o
3,400.00
15r300.00
19 r 887. 50
15, 625.00
164 ,7L2.Fo
OTY
I
2
1
925
3s0
revlse the paveloentIt of the asphalt to
S 5,000.00 to the
eection to 6tl
be paved next of base and 4rr ofspring rather thanabove cost.
No. 978 . Aven, Colorado 81620 . 9495072 D€nver 89&1531
Vance Street . Lakewood. Colorado 80215 r Phone: 232-0158
fhe I st acceptable bld for utility conetruction was fronEwlng lruclc and is eunnarized aa follows:
Ron Rlley
Pag6 2July 2, 199ProJect No.
1. Manhol2. 8r Pvc3. Manhol4. Seuer
eHer
l*{odif icatlon
p3
otal Sewer
UNIT PRICE$ 11900.00
47.OO
1, 000. 00
242.OO
$ 2,1oo.oo
2 r 0oo. oo
3, 100. 00
' 900.00
29. O0
400. 00
TOTAL
$ 9,500.00
25,145.0O
3 , OOO. 00
3 . 388. OO
s41.033.Q9
$ 4,200.00
2, OOO. OO
9, 300.0o1,800. 00
6, 873 . OO
5 - 500..o0
$29r77.3.00
$79, 806. 0O
txtr
5
535
3
14
5.
6.
8.
9.
10.
2I
3
2
237
14
8x88x6 TeeFire ants8tr Gate8|| D.r.Val.ve
Water ps
otal t{ater
Total Utilitiee
recornmend that the roadway vorkthe utility work be ararded to be awarded to B & B
Ewing Trucking. If
YoU have any guestions, please call.
I woulExcavatlng
JS: J Ic
Jln l{
slncerq-Iy,
Spanel ,dent
o.
herein.
DEED OF EASEMENT
IHIS DEED, made this _ day of _, 't992, between RONALD RlLEy, ("GRANTOR"), andTHE TOWN OF VAIL, a Colorado Municipat Corporation ("the TOWN").
NOW THEREFORE the parties agree as toilows:
1 . In consideration of the covenants and agreements set forlh herein, and the sum of TEN (g10.00)
DOLLARS and other good and valuable consideralion paid by the TOWN to the GRANTOR, the receipt
and adequacy of which is hereby acknowledged, the GRANTOR hereby grants, sells, and conveys to lhe
TOWN, its successors and assigns, a perpetual easement and right{Fway to install, conslruct, operate,
maintain, repair, reconstruct, replace, inspect, survey, and remove at any time and from time to time, for
the purposes of public ingress and egress, being more fully described on Exhlblt "A", attached herelo and
incorporated into this agreement by ihis reference.
2. The GRANTOR reserves the right to use the easement for purposes which will not interfere wilh
the TOWN's full enioyments of lhe rights granted by this Deed of Easernent.
3. The TOWN shall restore to its original mMition, or as close thereto as possible, except asnecessarily modified to accommodate the lacilities and appurlenances installed by the TOWN, anydamages caused on said easemenl or adjoining lands arising out of lhe construction or reconstruclion,
mainlenance, and repair ol said easement in the exercise of lhe rights granted in this Deed to the TOWN.
4. In the case the TOWN shall permanently abandon the perpetual easement granled herein andcease to use the same, all right, tille, and interest of the TOWN shall revert to fie1hen owner of theproperty.
5. The TOWN shall to the extent permitted by law and without waiving any of its rights under theColorado Governmenlal lmmunity Act, indemnify and save ard hold harmless tn6 Cnnrurbn against allclaims and liability for damages, loss of expense caused by any injury or death to any person oidamagelo properly resuhing from the negligent acts ol the TowN to the extent the loss or dahage resuhs froh
the TowN's use ol lhe easement and real property of the owNER described herein.
The TOWN agrees that it will place no signs whatsoever on any portion of the easement granted
Acknowledged before me this
-
day of , 1gg2, by Ronard Birey, owner.
WITNESS my hand and officialseal:
My commission expires:
CTRILEYEAS.FRM
7 ' THE GRANTOR warrants that he has full and lawful authority to make the grant ol this easementand promises and agrees to detend the TOWN in the exercise ol hs rights as set f6rtn in this agreementagainst any defect in the GRANTOR's title to the land involved or GRANTOR'S rights to makeihe grantcontained in this Deed.
lN WITNESS WHEREOF, the undersigned have signed this agreement on the day and year firstwritten above. A ,1._,
+ /k") il t4"F")
OWNER ,4v}oru' u-W.-, I r./ FlfF-
By:
Ronald Riley k"u-
, I /v
- r^ //.u-. o"-t ""-t
fr
ToWN OF VAIL, a Colorado municipqtcorporalion / 1 1-r_ Kq *'
.tfif*\ /;" f'By:-
Rondatl V. Phiilhs, Town lvlanager / ('- n
tf/t^'
[' 1-STATE OF COLORADO ! qtF'
couNrY oF EAGLE i l^ ,$&--"-
o'TlInter-Mountain
;]\t--sineerinsLtd.
EXEIBIT A
ACCESS EASEI.IENT
a fo foot wide Access Easement across an unplatted parcel ofland located in the S1/2 of Section 12, T. 5 S., R. 80 W. of the6th P.I{., Town of Vail, Eag1e county, Colorado, rnore particularly
described as follows:
Beginning at the sE corner of the NE1/4 swLll section 12,
thence N 89057r00rr W a distance of 6.42 feet-i thence N 38044r58rr E
a distance of 72. 13 feet to the South right-of-way of lteadow Drive;thence s 51015rO2rr E along said Meadow Drive a distance of 10 feet;
thence S 38044r58rr W a distance of 74.27 feeti thenceN ooo2otOOrt w a distance of 7.92 feet to the point of beginning,containing 706 sguare feet or 0.016 acres more or less.
Project No. 923465
Box No.978 . Avon, Colorado 8'1620 ' 94*5072Denver 893-1531
1420VanceStreet . Lakewood, Colorado 80215' Phone: 232{1,58
' P.O.BOX S7g
O9IO NOTTINGHAH ROAO
Avott coLo. 81820
(3031e49-507a
f,rr"t""-nrountain
A"-sineeringLtd.
slJlTE tol
t42O VAI{C]E STFEET
LM€XOOO. CtLo. 80215
l3o3) ?32-O15€
ro-26-92
ACCESS EASEMENT
EXHIBIT
MEADOYI/ DRlVf
" ssr7502E
q
{-.lI
k\!l
\
N
UNPLATTED
$
H
$
706, sq. ft'
0,01 o.cres
NE '/1swlL5'EA
t2
R80IT
UNPLATTED
'powr o
o
F flr c0Py
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Larry Eslnlitr
Mike Mollica
October 14,1992
Timber Falls
During the Town Council's linal review of Ron Fliley's major subdivision in East Vail (Forest
Glen), the Town Council instructed the Planning Department to pursue a public easement
through the adjacent Timber Falls project for pedestrian access to Forest Service property.
Negotiations with Ron have been successful and he is wiling to grant the Town an easement,
and is currently in the process of having a legal description drawn up for this. Ron requested
that the Town of Vail write the grant of easement for his signature, and he indicated that he
would prefer to be indemnified, and additionally, he would like it stated in the easement that
there be no sign or signs allowed on the property.
lf you could please draft this easement agreement for Ron Riley's signature it would be much
appreciated. We will attach the legal description as Exhibit A, and I will forward it to you as
soon as I receive it. Thanks for your help.
Kristan Pritz
P.O.AOX e7a09IO NOTTTNGHAT.I
AVON, COLO . A 1A20(303) gae-5072
fiInter-Mountain sutrE 1o114aO VANC€
rlAEngineeringLtd.'^*'*"13;3i!3;33?33
l{E ARE FORWARDING T! YOU:
@{erewith
! Estimates
! Prints
f] Copy of Letter
I Under Separate
Dtr!
Proposa Is
Specifications
Change Orde r
nnn
Cover Via
Repo r-f s
S u rvey
& Requesfed
THESE
Utr
PLEASE
ARE TRANSI.4 I TTED:
For Your Use
For App rova I
NOTE:
!trtr
For Review and Comment
Approved as Submitted
NO. COPIES DRAWING NO.LAST DATED DESCRIPTION
I tu
ma-zI
*trol t 'z r/a) I
Intcr-ilorntrln En3|loorll3 r.rt.
pER .,j/./-/-/z^ &//a/,
@ Lakewood
oI
N]ER - DEPARTUEHTAL REVIE\i/
DA1E S.,BMITT&
COMMENTS NEEDED BY
BRIEF BESCRPNON OF THE PROPOSAI-:
5uB7), ,t, a,aal Pt "-
PUBLfC\NORKS -z , )^..
Reviewed by:,/t'//r/1 C Ak'4 rcc- 6oL..
Corn rnen ts:
D L) A\ 7-/leea 4' /-z-t''7,urat't3 (-a 4 a 13^
Aar-,f-z;Z_
(dZ r'e:f7 C
.ila 214-<.2- >7{E L/ $ou^ >rP/
2)fit/ez(2,=,->az-=- or4'/ .4-= $"fc'<""J
719?rc,,,tD
rl
I
FROJECT
INIER _ OEPA"RTMENTA,L REVIEW
FORE$T GLEN SUBDIVISION
DATE SIJBh,IITTED:JJ|'{E 26, 1992
COHh'IENTS HEEDED B\1
BEIEF DESCR|PNOI.I IHE PROPOSAL:
FINAL PLAI SEIOND REMEW
FUEUC ilORKS l,llllE BR,AKE JUFTE 30, 199?Reviened bp Dote:
Corn rnents:\wrt/ ct'e/5aa, p b.z-. - tLr,A- .b n*'-e'^'
.44e q"*a'
1. ,ADI} NOTE TO CLAEIFY V#JY PINS O}I NORTHERL'Y SOUNNARY LII'{E
CA.NNOT BE SET.
2- THE rNsrDE R-O-W AND THE OUTSTDE R-O-r/ FOR CURVE #2SNLL BQ NOT USRK. BT THE WAY 'TSU FID 1l}UR PLAT
IFf,II(]ATES IH.AI IHE DELTA 15 THE SAI.IE FOFI II'ISIDI.
CENTERLINE AND OUTSIDE LINES. THEREFORE A.TL LENG]HS
SHOULD BE PROPOR-I]O1.IAL TO THE RADII. ]HE LENGTHS SHO\IN
DO NOT INTIICAIE THIS. FLEASE CORRECT.
.]. I DIFFER +H THT ACREAGES FOR LOTS 3.6.8.S,1+. MY
CALL]ULATIONS ARE AS FOI-L{IWS;;
lot 3 0.393 oc,res
lot 6 O.481 ocreslot I 0.941 ocres
lut- $ t).667 r:cres
lc't 14 0-4J1 o cres
T1IIEN I DREI't' YOUR PLAT ALL LOTS HAD ACCEPTABLE CLOSURES BUT
]HE ACREAGES VAEIED ON IHESE LOTS. PLEA:JE CHECK ANO VERIFY.
4- ltti-t PL- Lr.t( tJcct>ta k €a--,,a'ua>, .46a, J
(R,ue. 7a agpB"n+(-
...!..,-ltttl
illtlttrrtriiiaatJiadt
S
rt
fF
ii
t!E
tI
III
I
I
I
I
t1!lit
!iltl
^s.8
E*:tr{
=Rs(oHk
$t,
$;$acd
H,,tsH"rs
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ffi DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICI, SACRAUENTO
CORPS OF ENGINEERS
1325 J STREET
SAcRAUENTO, CALTFORNTA 95814-2922REPLY TO
ATTEiINOT OF
ifune 16 , 1992
Regulatory Section (199275010)
Dames & MooreAttn: Dr. Loren Hettinger
Denver Nationat Bank Building1125 17th Street, Suite 1200Denver, Colorado 8O2O2-2O27
Dear Dr. Hettinger:
I am responding to your request for a Department of the Arrnypernit to discharge dredged and fill rnaterial in an unnamedtributary of Gore Creek in East Vail, Eagle County, Colorado for
channel relocation, affectinq 0.O15 acre of wetland and stream.
The project is known as the Forest clen Subdivision development.
The Chief of Engineers lras issued Nationwide ceneral Permit
nurnber 26 that allows for the placenent of dredged or fillrnaterial in waters of the United States for your project. Yourproject can be constructed under this authority provided the work
meets the conditions listed on the enclosed infornation sheet.
We note that plans have been changed to elininate the series ofponds originally proposed and that you will monitor the wetlandnitigation for a period of three years following the channelchange. Please submit annual reports to this office in Octoberof each year of monitoring on the success of the rnitigation.
This verification will be valid for a period of two yearsfrorn the date of this letter unless the nationwide perrnitauthorization is modified, suspended, or revoked. You shouldcontact this office if work will extend beyond this date.
ff you have any questions, please write to Mr. MichaelClaffey, of this office, or telephone (303) 243-LL99.
I{estern Colorado Regulatory
ce
4O2 Rood Avenue, Room 142
Grand Junction, Colorado 81501-2563
Enclosure
:
Copies Furnished:Dr. Gene Reetz, Environmental Protection Agency, Attn: EwIt{-SP,999 18th Street, Suite 500, Denver, Colorado AO2O2-24O5Mr. Dan Collins; Subdistrict Chief, U. S. Geological Survey,Post Office Box 2037, Grand Junction, Colorado 81501-
Town of VaiI, Planning Department, Vai1, Colorado 81657Timber Falls Associates, Attn: R. Riley, 288 Bridge Street,Vail, Colorado 81657
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arc $lrdct GombuctionJ ot all rtrqcr '|lcP'|rE-"L' IEE-!*- O" ttot"Uoit UE a] &Iiditi'€t;;;;ii";;;; inr:lirnc'c uPon r comld:ndor
m NV|'P rlll rcmrln rurhoritli- -'--- Lrtu itpl"ta -or tnowlru or lni#$Tn,-."""
orovldcd rha rcttvttv tr oorniiJcd GGnuonil rnaorhTJ*:TILB*d*$ tL't*.',a$r.rioo oont'oi!l;tilili;;i.;"-;;;iir orrhidgrs oran mad rorr 4,"1'*;i3!l'.T31'j*'j"jia iiii-riirlGri-.--r'riid;;i;;rd{"aq"t','3 - s,,Hi*""liff"s"f i:ff;t-:.,-- ri$rs"-*'v€.c ooor ioonrcvocetion' untelr dircretlor'.-.,'d;;;;;;;iiira'ed-# ' ""'"' cooridet rbc rPPPfTl::'J-:..:-Tl-:-_:" i- wiia rod so'ot ni"'"r
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tr;r E-aia'inn ol nation*ide rrirmlb" ilrrto ol tbr rrojrct b -nftlscr b tn ^ :
-''iit-;m.6ii-'ii*'iti;f ;strdg-*lxliif*'9ff U^'ztli ifrk ot Eoglicen wilt D.riodicdly -nforccn.4rcuol ^nv-F:-:g-T "
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.rc ulrdc' combtctlonl ot rrefric'i--' inFuetrli egi'tt-rtt"r6*.gl5;''l;Y"
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nodification or thc rcu'ity-comotier -cen bc coobined to rutlroriza r tlngl" 9",il;"tnit'rt ti6*""
with ray rubsequ"ot lroainfiidili o' i"i -t4193t 1-lacl- rr dcfiocil rt 33 I'o
Nt/vP eutlorlzatioo. rurt "rffffri'"''= iii Lo.ilif ri'i#;;;h;;;-NwP ADD'otfir A to ld tso.+Jrliorwld'
rrlrponte rhould hrclude r #;ilil canld bc.yc! norc tbsD oct ior r D;;nr ud Gq51bor
H[f1".#i#iii,"*'#'ffF .'.HdiffiHflk*n" m:]r*r'6',.'Dd;i"#ilff;;;;[d'';t'l"i'n'r loltowrrsquel
ruci rhat the ectivrtv n'ouiT:F.E; -, i*i,ft;tl*"*Ufffiitrni1"T" lSf"iiyp;liF*rr Grnatr
ccnp!3'uirl, t-).? r"-r:::s 8nd_T::i'::.H or ;;il;ii;.;i;dividual permit - . !.Iraintensnc€ii xn'n ri*tty. *. *t*il;;""i:i;", ipptiotion ror;iJ-fr*q,iotrh"_ _, . "$::H*,j..ffIil1H*,o"o*,lncluih rny Lnonn 9.tPh"l:ls:",::i rlile pmicct bur onti' tf thc-pcrrionr or
lould occrn durln8 th! tpe;fi;-";;;r ;r ;;;''"{fi;,ffi; $f#Hii'#r'i'i.S;;, l#HffiU--r Dr*k"'
ycarr may be ured ll decneo iUii-tv -a .r" i[i" io nuciim-oi-D€et i O.rU* r*ctr"rt
'o,1ili#'i;'*icrwrcrc*retc.Lgr *ilqffi"if:m*i|,[T'*' ]m3?HffiadAnc.horqc
&nicd fof rt ter qullity Ge-rt'llt6uon irciutness ol r PottioD of lht-total 4"."r
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JUour-ircloal"c rnd crnnot bc -t -i|1-ifi111 r goruo ol r b5:r fplg{ '!.. rs -r,rrblc Y.td DtitlCtl .. fiil;,rue-il'iin;+n'#l*,:l' m#a;ffiFl'ffsl;s.,*ffiffiffi' .,
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I Vot. ts, N9 Ptt !November 2a 1901 I Rutes end Regulations
o
Faderal vol. t6. No./ FAday. Novembcr 2e / Ruler and Begulationg t91tl
t. Wrfcr SuPpfy lnt ht B['anemEnl oad Altocuon ''Ev'w' 6;;;;;;i;-it" t"tiriti-, Minaralrt Shellfirb hoducrion ' s'd la;rtiti'r- tith qd tildJilc -L - - |i.s"rriu,u.t",r.r b;fiti,ud""iiJ-;e;cEvrrrce-..rchu :ln"gm$milf,i"ttf,fl,a. ltititruon poond neE. t'lb bapl' cnb.drcdglng.'
t&:H"1f.tr,"i,,,Frorr . Hffi*frS#iffi#Et' *;i;s*1"*3:tr#::"''.iiff";
if.*i:;++i"f*Hl-"'."" ilrxUfffffiffii ffi:"H*F$ffii*4,:"t Rcacrl olTanponry Filb ;6;d;i
B. Nrrtoowtdc pororrr .""ciru p-Jii'Gri"ittva"o oot it"ttp"u4 q.4* qlfj I
"*,!itftfr!!,iiEffi":,i-sj"' iffi'H'HfriffiF; iffi'Fim:ffif'..*rnril"'r "'b;"tirr? rpprc;,:J.i,^-..' rrrpr-c."r'j'rii?riii-frnary"nrt i;:I.')''-d *ittetro.rcvlcw nrcib
in.i"ti"a in acc'rdande n ,.,, .,,. ^r -.oror. ^;:;"-ii;;;tii"tirs lor the -:-oii'"rr ro ""ture thev cornpty wlth
$#t1ff:f,;'j.:" #+#i.+F,$+H#ffi: $l!s#'j$ffi#*"
Stnrclurer conrEucled ln
crnarrrrrhrnprin"r"orflliSi,'J'n - ffi"**#]y$'5$* - m"s,ni**ifg.P-*-a.*i"errr"orr-Jttcri-rhi conn:aion of Hi'JrJii]Sliiriilinr"an-,". d;rd;rd-d;ft"dnrlcrirl disporal
ths cenrl to . glvltablc D'!t.t ol lnc
"-rttructcd
prlmrrily to ncad wrter 'arcrl" (.ccti6 t0) -l$H;11'i",1Hsi'Aji: $iljillTjfflfuo,ff.lif,.*n- r,?;ffifrlffi,S."'"*..(rccrion roi Initea ro zi Jbic-yrrdr rnd hihcr lor iio-iii fra oU"r dcvlca placcd withir' iMointenone.4rcrepah - ffiil-;.if-r-oii'zscoUrcy.A, iiffiii.nn;d4rrcirr'cllitatcrthrbtlitetlon, or rapleccracnt -ol rny ili"lael Oip.rrrtttcc lotificr thc- nocrrc-of vcrsb iihst r-uch rrcar
g'rcvtoruly ruthorLcd. curronuy - 6i.Uct cnrbl' b rccotd*c. rilh Lrvc bicn crteblirlad l3n rbrt prpor-
icrvlcceb-tc. rructurc or lill c ol rny ;iiiinc"d*- f"""t t cmditrm. b S" U.8 Co.tt Crod lrrc'tloo 101 -
rogrm'gilsffisfll,*l#jgi#ts',.ay."d",il., Hffit*trilsf;H,f*)' :
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*ciion tot only httdiuont + Fith ontl Wiltllile Hancstilv' . o lhc oulet contin:ntd rhelf wlthin
r r^'-.^-!..-r,..'-.-!- Dthanemenloaii1;;;;;;"d;t*' 1*1!1::.di"I**.Sfiil:lll"
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rlrtch rrc lcccrrary to urh nprh. ' iuihodrcd bv drehbrilarroucrc-pleccncnrrr - . zr.di."h.4'otiffitff#ffitt . #ix*rrm:['ro;*tHil:"liltrff*H'mtr:- *1H'.H'"Ts,:3iili|'ffi -*gTyr*ffi#g#F'IlilIfAl;LToISl?H!3i.T'.- t, :i,HsL-"* -lffitig;mg3qE .;r-btr-L;;ith;orn utcnrls. =rtrrrdromruifrooiomat 3ffi#"rffi ;ffiffiHffiff$'*', rffi$ffiSffi ,,i;ffi;;;il#;G;;;';. oufrttterurhoriif,;ffi;uv:- ?11
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lintt rary bc walveil by lhc Dirhiit bo-rt U ur.rJili'i!- i- * t- 1"1 lowevcr' lt docr rpplv b plpo
ffi#ffiffi#in, #Fm.ffim**;'"'S$ffi#ffim:#,,
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69142 Faderat Vot. fr6,'No. 226 / Friday, November x2,,7$. / Rulea and Regulationr
o
Regtster f
. -: i
' dtrperred by osrentr m othar forcar. norc iban r total ol !D lheer lect of rhe whldr lncludel tha fi-ll, b licanrcd.by theni OS Dq; dt-a U" p..loa of 6tl hr tbc roadwey cea occrr h rpccial Pcd9ry-t EogW-Rcgulatory_ConmhrionG-p;t;J";rtru ,ip r" rm a"vr, iquetic rltcr, tncttiaing *ctl"rldq - - TFERO nndei thc- FldGrrl lbwcr Act oI
;h"-; a;;ptl"r". ft?,lp. "f r'.riri t ft" *"irttu tt rir.r.a Uiaged or iszo, ir rocnded: rnd her a loul
of Oo Uiri,rJSrarcr ibaf t Aiiurbcd otherwtrc derie;cd 16 Fev.ot lhs - jenerrlirg cepacity ol ml morl lhan
ourt bc limlted to &G minimu;tt ;;rrtu* oi' t'i'a ro #rrtut;a i6po nrr';-r"ti lhe penittee noitlie-r the
aeccrrery !o cotrtruct tbc ltit y lhc.ln expeaed hlglr 0owr rnd lidrl llosr. rnd dlqui{ Gnglncet ln lccoldance wlth lhc
;;G;4":rh"bpil6t;Arh;b";.h rof,irintrf,crertl"tooff*no.i'r -l,lotificati-on-lenerdcmdition;orlt) -rhoulJ ge-r:eraUliU" t"a.tU"a *O .o[ ti.-o""."nt of rguatlc or3cn6mc; Dydmpo*'cr pm;ectr lor whlch tho FERG
foproll Eour rhir:ncb" fxccrr rnatarlal d. ttr croertq& bdt Atug rtt - bir ganred rn 3rcTP_loE {ro! llcendas
nirt bc nraovcd io oplma.t""r tttendant featur6. bo$ fipcrry rnd 9un-uant to rcc{ig1fp- 9f thc-EnrW -tnncdtt"ty upon coiptetioo of rrnaneai tr part'of r rtaet; .Da- Stcurlry Aa ot rgro lroUS.C z7tl5 rnd
conrrrucrioir. iny c*p,i.a rt.p"r rna lmptet" p'r..ti't ior rrotilg o[ r wetcr AOal lnd caion !o ol$e Fcdaral
rtrcentUanfr uruit-drr.Uftf""i - oI fhir Unllea'Sr.r"a .D4 Powir Ae! u rmcndc& pmvldcd Ore -lmracdiutetl;upon cornpletlon ofthe c. fo: fillc In rpeciat equetrb eller. ptrmittec notllicr lhedistrict angincer ln
utility line.l'h! utiitty tinc iteel! wili lncludirrg wetlands, ibc perrnillee iccordance with lhe ' Nolificalior"
rcquir I &ction fo;erolt lf in aotifisr ihc diruia mgiiccr h 3e aeral condition l.edioo {}a)
aerlgabte weten of ibc Unftcd Stalcr. rccoadrncc wltb $G -llofific.lioo' l& Minor D^icchotg* *linot
lsee-fS Cfn Dssf !,itzl trcctloa lotl teocrd conditioa. fta mtitic.tioD Durt dirchaqer of dredgd c fill arrf erial. - lt. Bat* itabili.aii;ntlrnh - Ifo Ududc r detincrdm of rfrcc.tcat lnto rlt wrtctr ot tha lldrcd Stalcr
rtrbllizstion rcdr'ldar acccrraqr for rpccld rquetic rltcr, hc.ludlqS grovldcd: ^rlorloo preveattoa povldcd: - dcthnatr.' r. Tbc t.sfuqp dcr not oxcced 25
r. No materiat lr placad h crcen of foqoa roed filb uv bc athlbtc l6y rn Gubic yardr; -rbc atntnrum acsdid for croeton ;;;;;; Li; rh: ;dT;;-66; - b. Tfic dirclr4c rill rct oure lhe
Drotlctio$ ror oiturlt rltorether 6cc rE GFn rze.i; lors ol urore than ilr rcrc-ol r- rqgclal- b.Ttcbanlrrrbllirarionrcdr{gtr ;ff;;;ijfifi;g|1g3g2; - ' rsuaticrlte,trduilinsrrtlandr.Forlhelerr than aul tcet ln-hrgrh hTil"i" UJ ilta dir6ci onginceil wi:l prirporcrof.thir ar-tionwidc.pernil, lhc
c.Tbc rc vily will aol cxcccd tn dcline the tcm txoectad Ltir [owC' rcrcege linltrli'!'t bcludet lbl ntled
ructege of onc iubic yud per nnnlng 6i Ori lir"ror" oi;r.ttitfi ' .rc! ptur rpqciel rguetlc rilcr lhat ere
toolplrccdrlongthclrdibclowtha- ;;i1!1ttti:J;irit reuoo*fEeper-tu rdvcirclyifieacdby-0odinqud.
p)ane o_f th-c ordinrry bl3h rrtcr ne* or lidatonr rd.Dd tot) !.Dedfl rqudc.rller lhrl rt .lrrtncd .o
ihc lgh tidc tfsc; td-iis-catiiiiAM rlet rhcy irould m hrycrbc I welcrof
d. Irlo uetcrlat b ptrccd b uy rycdrl t tdi;;Dir.h.;; ddfria * m lb? UDiGd Slrbr u r rrrutl ol lhc' aq'.redc.16,5slgdiqg wc&o&; - lrfiiet UAecnLt rotc efr.to"Ues s[ .poiect . . -'. ; '
i i.tc"D.ittdt?-th.trp"dr 6;i;;;.".;nb.u.r.6Ee.- .- Jrrucorcrrerycrxorcdrrocubts .. . '
i glacril b rny locedoo r 6-roy uanaa ffi[a-Ct"r"i n"t"-ai"g-"fua..+ yerdr or thr rtildrq3c b h r rpcdal . :' ': .1to ra to hpalr asdaca urtcr llow trto rbubcnb. foudaUoo rcde d:n, rnd .aqulEc rltc. hcludi4S rturn.la lbc
orout of|ny rclhld rna; f.ooot ty'coltualo ua l'ccai tttr ' garzrltfcc aou6ce6? itltbic'l q3!n ct br'' I No nllcri.t b Dllcld br Drrurcr ;;id;il"b ait*.rrc.fr* f.r" . 'lccordancc wlth lhc'}lotificedon' ' .
lb.t w bc .rodGd by aorurl c "ftd;rtu- b Oc ti-g-Co.tr G,r.rd .r . . general condltioo" Dc dilclrrger ln
r'(Dccfcd hlgh iowr lpmpcrb rnchorcil rDlrt of tDr brl&r ocralt frurcrrn . ' rpccial rguatic dtct, hdDdtlt - jlnel .nd trcGtopr-uey br urcd b low . ind epprotdr di5-rtt lot bdudcd ln tlthndr, lh! lotifc.Uo nutt rlto
Gtrcrgy rt!3): i4 6b d6;*tl" D""iliLia.mliq"tt &rclude r dclincetim otdfcctcd rpcdrl
3 Tbc rctlviry h pert o[ I rfulc end rn Udividurt cicaioDrl Ecdoo dt rguaUc rltcr, la4uiirg wc0aadr. lAlto
GoE{rlct? prDrccl D.rDiL trGctioD a0al .G! !:| CFn ${tllc)}.nd ..: taal rrabttizaffon rcdvltter h cxccrr ol '-i{iiiiW"iz;in-, W-a d. lte di-rche4e.-hclrdtng dl . ' :!o fcet !r tcnrth q|' rcalar thll ra ?..I't|a,itpd Dispqofulror. ictnnr wetcr attrDdlnt fcttuEa boti tt4porrry lDal . - . -
.. rvrnge of oni arblc-yard per nrrntng Aoo u upteoi. coarrbrd &cdgld patmrncDt b !!rt of ..l!glc utt.. :-. i
|oot ney bc rulborlzad lf $r pcrnttlac lrtcrtd ditporel rrarltc dd$n3 . conPlel? DDorcct .Dd lr--mr P.Lcto tor : : ,' : .: ;'ao06cr lhc ditla aetac:r h .: ltrrEreodrcr r rccdo fO lroil lt '. &c DuDoec of fttt|l! dltlrtto& ...,, j..l -1." . .ccosdlacc xlth tlc totficrdo- ':'-' loceredLuv&ablcrruodtlu l.csdon fo rad {f)
3cnant conditioaind tbc dirrio ftnlrcd-Sratcr.Ei. ii.""-iou folr . ' l* Mint Dre&ite.DrcdgJnS qt no
crginccr dcterolner thc rctivity cont lDGd dirporal rrcr lr qoru lb91 ls apic !nrd3 bclow ue
c.itetii. *rt, tit. oOJr riror ina iarnirGir"itv -cfrnrd -r a dtrche4e plrnc ol lhc ordinrry high rrtcr oa* or
condirionr ol Orc aetlonwlda pcrott tad ol dredged natiti,at by $ Cf! lBr(di ihc nc-an blgh wrlcr grstl b@
lbe rdvcna :nvtrcngrentel bioeclr erc rvrn th-orulr lha dirpdnt nUf oc"ui -oa arvlsablc rltcr| of ths tlnltcd Stalc. ar
otniurt both hdividuelty rod jtc uptrnii end thuj docr aot rrquirc r pan-of r rl4lc- ud completr Drolcct.
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IOM.IOFIIAIL
Departnent ol Community Development
75 South Frcntage Road
Vail, Colorado 81657
970-479-2 r 38
FAX 970-479-2452
www.vailgou.com
Senior Planner
Cc: File
March 8. 2005
Nancy and John Snyder
4420 Glen Falls Lane
Vail, CO 81657
Re: Minor subdivision for Forest Glen Subdivision to allow for interior conversions in Special
Development District No. 27lLots 1-14 Forest Glen Subdivision
Mr. and Mrs. Snyder,
This letter is being sent to inform you that it recently came to my attention that your application for a
minor subdivision, PEC 01-OOOI approved by the Planning and Environmental Commission on April 24,
2001 , to replat the Forest Glen Subdivision to allow for the use of the interior conversion provisions of the
Code was never completed/recorded as we currently have two copies of the plat which do not have the
Title Certificate and iertificate of Taxes Paid completed by the appropriate parties. lf you still wish to
complete your application by recording the Amended Final Plat for Forest Glen Subdivision please retum
the incloieO ptiti wlm the Title Certificate and Certificate of Taxes Paid completed by May 13' 2005'
along with a iheck for $21 .00 made out to the Eagle County Clerk and Recorder for the fees to record
the plat with Eagle County.
On May 13, 2005, your application, will be officially withdrawn and the Planning and Environmental
Commiision approvil will no longer be valid if the enclosed plats have not been returned completed and
ready for fiting'with the County. lf you do not wish to proceed fonrrard with your application there is no
need to respond to this letter.
Please review these comments regarding the recording of your final plat and if you have any questions
regarding this lefter please contact me at 970479'2148.
w.ffi.:k
{p ^r"nr"o "^,u
ao
TOTN OFVAIL
Deparlment of C ommunity Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2 t 38
MX 970-479-2452
www.ci.vail.co.us
May 23, 2001
John Snyder
Fa><: 479-1730
RE: Minor subdivision for Forest Glen Subdivision to allow for interior conversions in
Special Developmenl District No. 27
Dear John:
The Community Development Department has discussed your difficulties in acquiring all
of the signatures necessary to complete the minor subdivision process for Forest Glen
Subdivision. Staff has identified one possible solution: to appoint one person as power
of attorney to sign the plat on behalf ol all owners and entities with any interesl or
ownership within Foresl Glen. Written verilication that lhis person has power of attorney
is required. I have included the original "Gertification of Dedication and Ownership" from
the Forest Glen Subdivision plat. At that time the land was under single ownership,
listed as Timberfalls Associates. I have copied that poftion of the plat and attached it for
reference.
I also researched the Forest Glen file, and the only name that I could locate regarding
any sort of associalion is Timber Falls Associates.
Shoufd you have any questions, please do not hesitate to contact me a|970-479-2369.
Sirycerely, ../l,r - A/,lllll.- f Pi/.ftul/h-wq
Allison Ochs
Planner ll
Town of Vail
{,9 *""'"uo '^"*
cERTrFrcArO* o" DEDT.ATT.N AND o*u*l"
KNow ALL MEN BY tHEsE PRESENTS rIIAT the undersigned being soreowner(s) in fee simple of aLl that real property situated in theTown of Vai1, Eagle County, Colorado, described as folLows:
A.p|rcel of land situated in the south one-half of Section 1.2,Tovnship 5 south, Range Bo west, of the sixth pri.ncipal Meridian;Town. of Vai1, Eagle County, Colorado,. said parcel being noreparticularly described as follows:
Beginning at the Southeasterly corner of Lot S t Bighornsubdivision Fourth Addition,' Thence along the south rine of-saidsubdivision the following two courses:. 1. 567000 | 00rr E a distance of 24g.00' ;2 . S82 o00 | 00rt E a distance of 90. 00 r ,.Thence leaving said south rine, s 31035'25, w a distance of456.19t1 Thence S 39o42 r33rr W a distance of 137.91r,. ThenceS 62o22t36tt W a distance of L77,]-7t; Thence N 33o44r59, W adistance of 502.261 Eo a point on the east rine of Lot L, BighornEstatesr'Thence N 33035toort E arong said east line a distance of358.13r to a point on the southeasterry right-of-way line of NuggetLane,'Thence along said right-of-way, 84.99'along the arc oi a65.00r radius curve to the left whose long chord bears N 56010r32[E, a distance of 79.06t to a point of tangency; Thence continuingalong said right-of-way, N J-go43rOOrt E a distance of 48.31'to ipoint on the south line of said Bighorn subdivision, FourthAddition,'Thence along said south Ii.ne, b 6a"30roorr E a distance of50.80rr'Thence continuing atong said south 1ine, S 51oOOroOn E adistance of 155.00' to the point of Beginning, containing 326,7]-6square feet or 7.500 acres, more or lessr. Town of VaiI, Eag1eCounty, Colorado,. have by these presents ldid out, plat.ted indsubdivided the sarne into lots and brocks as shown on- this finalplat under the name and style of FrNAL PLAT oF FoREsr GLEN, asubdivision in the Town of vail, Eagre county, colorad.o; and doeshereby accept the responsibility for the compretion of requiredrmprovements; and does hereby dedicate and set apart all of thepublic roads and other public inprovenents and places as shown onthe accompanying prat to the use of the public forever,. and doeshereby dedicate those portions of said real property which areindicated as easenent on the acconpanying prat a! elsenents for thepurpose shown hereonl and does hereby grant the right to installand rnaintain necessary structures to Cne ent,ity responsi.ble forprovidi-ng the services for which the easements are established.
Executed .nt= 3f day of hiu.trw;f , A.D. rss2
TII"IBERFALLS ASSOCIATES,a Colorado Genera ID:rl.r.rorcl.r i n
By: RAD FIVE Limited. Liabilitycom.pany, a Wyoning LinitedLia'ni I ifv r-n'nnan.r con.rr'lvv."Avqr r l, , verrer_ (rr
STATE OF COLORADO
COUNTY OF FAr:I.F
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Ronal-d ,/.1t*.n
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TOI4/T'ffi
Planning and Environmental Commission
ACTION FORM
Deparbnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 fax: 97O.479.2452
web: www.ci.vail.co.us
Project Name: Snyder Minor Subdivision PEC Number: PEC010001
Prciect Description:
Interior Conversion - Crawlspace
Participants:
OWNER NANCY COBURN SNYDER 1990TRU0U02/2001 Phone:
C/O ELSER ENTERPRISES, INC
777 E WISCONSIN AVE, SUNE 3355
MILWAUKEE WI 53202
License:
APPUCANT ROBERT CMWFORD OLllZlz0Ol Phone: 970-904-1361
PO 3832
Eagle, CO 81631
License:
ProjectAddress: ,1420 GLEN FALLS LN VAIL Locataon:
Legal Descriptioni Lot: 10 B|ock: Subdivision: FOREST GLEN
Parcel Numben 210112313010
Commentsr approval not final until plat recorded
BOARD/STAFF ACTIOI{
Motion By: Doug Cahill Action: APPROVED
Second By: Chas Bernhardt
Vote: 4-0 Dateof Approvalt 04l242AOt
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made witfrout the written consent of Town of
Vail staffand/or the Design Review Board.
Planner: Allison Ochs PEC Fee Paid: $250'00
NNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING RESULTS
Monday, January 22,2001
PROJECT ORIENTATION / - Community Development Dept. PUBLIG WELCOME
oPI.A
MEMBERS PRESENT
Galen Aasland
Chas Bernhardt
Diane Golden
Doug Cahill
Site Msits :
J, 1\.,ttlI
€,(
12:00 pm
MEMBERS ABSENT
Brian Doyon
John Schoffield
1:00 pm
1. Hilb residence - 1552 Matterhom Circle2. Dor6 residence - 100 Vail Road3. Easl and Wesi Meadow Drive Slreetscape
Driver: George
NOTE: lf the PEC hearing extends until 6:00 p.4., the board may break for dinner from 6:00 - 6:30 p.m.
Public Hearinq - Town Council Chambers 2:00 pm
1.A request for a variance from Title 14, Vail Town Code, to allow_for 4' and 6' walls within the front
setbdck, located at 100 Vail Road/Lot 35, Block 7, Vail Village 1"' Filing.
Applicant: Bill Dor6Planner: George Ruther
MOTION: Doug Cahill SECOND: Diane Golden VOTE: 4-0
DENIED
A request for a minor subdivision, to allow for the division of an unplatted iract of land into
two lots, and a request for a rezoning from Residential Cluster Zone District to Single-Family
Residential Zone district, located at 1552 Malterhom Circle/SW % of Section 12, Township 5
South, Range E1/ Wesi of the 6th Principle Meridian.
Applicant: Dave HilbPlanner: Bill Gibson
MOTION: Chas Bernhardt SECOND: Diane Golden VOTE: 3-1 Galen opposed
APPROVED - MINOR SUBDIVISION
MOTION: Chas Bemhardt SECOND: Diane Golden VOTE; 3-1 Galen opposed
APPROVED - REZONING
2.
3. A request for a minor subdivision, to allow for interior conversions within the Forest Glen
Subdivision, located at 4301-4480 Glen Falls Lane/Lots 1-14, Forest Glen.
Applicant: Nancy SnyderPlanner: Allison Ochs
MOTION: Doug Cahill SECOND: Chas Bemhardt VOTE:4-O
APPROVED WITH 2 GONDITIONS:
1. That the applicant files the amended final plat of forest Glen Subdivision within one year of
the Planning and Environmental Commission's approval. The amended final plat must be
signed by all property owners within Forest Glen as identified by lhe Eagle County Assessor.
tf is tne applicant's responsibility lo collect all signatures. No applications for interior
conversions will be accepted by the Departmeni of Community Development until ihe plat
has been filed with the Eagle County Clerk and Recorde/s Office.
2. That the applicant conect the lot sizes for lots 4 and 5 prior to the submission of the
mylar for the Amended Final Plat for Forest Glen Subdivision.
4. A request for a recommendation to the Town Council on proposed amendments to Title 12,
Towri of Vail Code (Zoning), to allow for lhe creation of the'Housing Zone District."
Applicant: Town of VailPlanner: Allison Ochs
MOTION: Diane Golden SECOND: Doug Cahill VOTE:4-0
RECOMMENDATION OF APPROVAL TO TOWN COUNCIL
5. A request for a worksession to discuss opportunities for improvements lo the East and West
Meadow Drive StreetscaPe..
Applicant: Town of VailPlanner: George Ruther
WORKSESSION - NO VOTE
6. A request for a final review of a proposed special development district to allow for the
construction of a new conference facility/hotel; and a final review of conditional use permits
to allow for the construstion of fractional fee units and Type lll employee housing units at 13
Vail Road / Lots A, B, C, Block 2, VailVillage Filing 2.
Appticant Doramar Hotels, represented by the Daymer Corporation
Planner: Brent Wilson
TABLED UNTIL FEBRUARY 12,20Q1
7. Approval of January 8, 2000 minutes
8. Information Update
The applications and informaiion about the proposals are available for public inspection during
regular office hours in the project plannefs office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretalion available upon request with 24 hour notification. Please call479'2356, Telephone
for the Hearing lmpaired, for information.
1
TO:
FROM:
DATE:
SUBJECT;
o
MEMORANDUM
Planning and Environmental Commission
Community Development Department
January 22,2001
A request for a minor subdivision, to allow for interior conversions within Foresl
Glen Subdivision, located at 4301-4480 Glen Falls Lane/Lots 1-14, Forest Glen.
Applicant: Nancy SnyderPlanner: Allison Ochs
il.
BACKGROUND OF FOREST GLEN SUBDIVISION
Forest Glen Special Development District No. 27 was approved by Ordinance No. 36,
Series of 1991 . When approved, consideration was given to the geologic hazards on the
site, including a severe rockfall hazard, a moderate debris flow hazard, and a snow
avalanche hazard. In addition, the site was developed with respect to Gore Creek, lhe
flood plain, and wetlands. The unplatted sites were zoned Low Density Multiple Fami!,
which would have allowed for a total of 55 dwelling units. Special Development District
No. 27 approved 14 residential lots with a total of 62,700 sq. ft. of Gross Residential
Floor Area (GBFA). The GRFA limitations for each lot were then added as a plat note on
the final subdivision tor Forest Glen.
DESCRIPTION OF THE REOUEST
The Town of Vail, recognizing the need to allow for the safe conversion of interior spaces
(i.e. crawl spaces and vaulted spaces) into GRFA, wilhoul an increase in bulk and mass,
crealed the "lnterior Conversion" ordinance in 1997. The interior conversion allows
homes that were built prior to August 5, 1997 to convert spaces that were not previously
counted as GRFA into livable, useable space. However, Section 12-15-4D (Process)
states:
Applications for interior conversions to single-family, two-family,
primary/secondary or multi-family dwelling units located in a Special Development
District (SDD) pursuant to this Section shall also be allowed without amending the
GRFA provisions of the SDD. However, properties with GRFA restrictions
recorded on the plat tor the development shall be regulated according to
the plat restrictions un ess the plat is modified to remove such restrictions.
The planning staff will review the application to ensure the proposed addition
complies with all provisions of the interior conversion section.
The applicant, Nancy Snyder, owner of Lot 10, Forest Glen Subdivision, submitted an
application for an interior conversion in October of 2000. While owners within Forest
ilt.
Glen are eligible for the "250 bonus", because of the limilalion above, they are nol
currently eligible for an interior conversion. The Snyder Residence has existing crawl
space which was not counted as GRFA. The "250 Ordinance" was used to allow them to
parlially convert the crawl space into GRFA. The applicant was then intormed that to
convert the remainder of the crawl space to GRFA, because the plat for Forest Glen
Subdivision limits the GRFA, a plat note must be added to allow for residents within
Foresl Glen to apply for interior conversions. All other requirements of the lnterior
Conversion section apply. The proposed plat note states:
lnterior conversions are permifted in accordance with the Town of Vail code in
addition to the GRFA restrictions listed on this plat. All interior rcnversions must
meet the requirements of Section 12-15-4 of the Town Code.
Though the Community Development Department is currently creating an exemption plat
process, the applicant must request a minor subdivision to amend lhe plal note. The
proposed amended final plat has been attached for reference, as has the applicant's letter
of request.
ln addition, through the review process for the amended Forest Glen Plat, staff recognized
an inconsistency on the plat regarding lhe land use summary and the identified lot sizes.
The lot sizes as identified on the lots themselves are correct while lots 4 and 5 are
incorrectly noted in the land use summary. This inconsistency will also be amended as part
of this application. lt has no bearing on development potenlial.
STAFF RECOMMENDATION
The Community Development Department recommends approval of the request for a minor
subdivision of Forest Glen Subdivision, to allow for interior conversions with in Forest Glen.
Slaff's recommendation for approval is based upon the review of the criteria outlined in
Section V of this memorandum. Specifically, staff's recommendation of approval is based
on the following finding:
That the proposed minor subdivision plat complies with the review criteria and
requirements ol Chapter 13 of the Town Code and development standards as
outlined in Special Development District No. 27 (Forest Glen) as adopted in
Ordinance No. 36, Series of 1991 .
Should the Planning & Environmental Commission choose lo approve the minor subdivision
requesl, slaff recommends the following conditions:
1. That the applicant files the amended final plat of forest Glen Subdivision within
one year of the Planning and Environmental Commission's approval. The
amended final plat must be signed by all property owners within Forest Glen as
identified by the Eagle County Assessor. lt is the applicant's responsibility to
collect all signatures. No applications for interior conversions will be accepted
by the Department of Community Development until the plat has been filed with
the Eagle County Clerk and Recorder's Office.
2. That the applicant conect the lot sizes for lots 4 and 5 prior to the submission of
o
the mylar for the Amended Final Plat tor Forest Glen Subdivision.
IV. ZONING ANALYSIS
Forest Glen Subdivision is zoned Special Development Districl No. 27. As a special
development district, the development standards are prescribed by Ordinance No. 36,
Series of 1991, and by restrictions placed on the final plat of the Forest Glen SuMivision.
The Special Development Districl allows for the following:
Total Lot Area: 7.5 acres or 326,700 sq. ft.
Hazards: Possible Avalanche Influence
High Severity Rockfall
High and Moderate Debris Flow
Zoning: Special Developmenl District No.27
Standard Allowed bv SDD #27 ProoosedSetbacks Front:20 ft. no change
Rear:20 ft. no change
Side: 15 ft. no changeHeight 33 tt. no change
Site Coverage shall not exceed GRFA no change*Landscaping 40V" no changeParking 12-10-1 0 no changeGRFA Total: 62,700 sq. ft. no change**
Lot 1 4500 sq. ft.
Lot 2 4500 so. ft.
Lot 3 4300 sq. ft.
Lot 4 4500 so. ft.
Lot 5 5000 sq. ft.
Lot 6 4000 sq. fl.
Lot 7 4800 sq. ft.
Lot 8 5000 sq. ft.
Lot 9 4800 sq. fl.
Lot 10 4500 sq. ft.
Lot 11 4000 so. ft.
Lot 12 4300 sq. ft.
Lot 13 4300 sq. lt.
Lot 14 4200 sq. ft.*lnterior conversions do not increase the '?llowable GRFA". Therefore, site
coverage will not be increased by allowing interior conversions.
""lnterior conversions will be allowed on all dwelling units meeting the requirements
oI 12-15-4
V. MINOR SUBDIVISION CRITERIA
A basic premise of subdivision regulations is lhat the minimum standards for the crealion
of a new lot(s) must be met. This subdivision will be reviewed under Title 13, Subdivision
Regulations, of the Town of Vail Code.
A. The first set of crileria to be considered by the Planning and Environmental
Commission for a Minor Subdivision application is:
-p].1$g: Lot area as designated by Special Development District No. 27 and as
approved in the Final Plat for Forest Glen Subdivision.
Frontaoe: Frontage as designated by Special Development District No. 27 and as
approved in the Final Plat for Forest Glen Subdivision.
Dimension: Minimum dimensions as designated by Special Development Districl
No. 27 and as approved in the Final Plat for Forest Glen SuMivision.
Staff Besponse.'As there are no changes lo any of the above standards, statf
believes that the above criteria have been met.
B. The second set of criteria to be considered with a Minor Subdivision application, as
outlined in the subdivision regulalions, is:
The burden of proof shall rest with the applicant to show that the application
is in compliance with the intent and purposes of this Chapter, the Zoning
Ordinance and other pertinent regulations that the Planning and
Environmental Commission deems applicable. Due consideration shall be
given to the recommendations made by public agencies, utility companies
and other agencies consulted under subsection 13-3-3C. The Planning and
Environmental Commission shall review the application and nnsider its
appropriateness in regard to Town policies relating to subdivision control,
densities proposed, regulations, ordinances and resolutions and other
applicable documents, environmental integrity and compatibility with the
surroundi.ng land uses and other applicable documents, effeds on the
aesthetics of the Town.
The Specific Purpose of the Subdivision Regulations is as follows:
1. To inform each subdivider of the standards and criteria by which development
proposals will be evaluated, and to provide information as to the type and extent
of improvements required
Staff Response.' Statf has reviewed the minor subdivision for compliance with the
applicable evaluation criteria. Upon the completion of our review the staff finds that the
proposed subdivision complies with the subdivision criteria.
2. To provide for the subdivision of property in the future without conflict with
development on adjacent land.
Staff Besponse.'Slatf believes that allowing interior conversions will not have any effects
on development on adjacenl land. In addition, the correction of the land use summary to
correspond to lhe plat will clarify the developmenl process for lots 4 and 5.
3. To protect and conserve the value of land throughout the Municipality and the
value ol buildings and improvements on the land.
Staff Response.- Staff does not believe that the proposed subdivision will have any negative
impacts on the value of land in the Town of Vail. Inlerior conversions are limited to those
additions which do not increase bulk and mass of lhe existing building.
4. To ensure that subdivision of property is in compfiance with the Town's zoning
ordinances, to achieve a harmonious, convenient, workable relationship among
land uses, consistent with Town development objectives.
Staff Response.'According to sections 12-15-4 of the Town Code:
Purpose: The interior conversion section of this Chapter provides for flexibility and
latitude with the use of inteior spaces within existing dwelling units that meet or exced
the allowable gross residential floor area (GRFA). This would be achieved by allowing
for the conversion of existing interior spaces such as vaulted spaces, crawl spaces, and
other interior spaces into floor area provided the bulk and mass of the building is not
increased. This provision is intended to accommodate existing homes where residents
desire to expand the amount of usable space in the interior of a home. The Town has
also recognized that property owners have constructed interior space without building
permits. This provision is also intended to reduce the occurrence of interior building
activity without building permits and thereby further protecting the health, safety, and
welfare of the community.
Staff believes that allowing interior conversions within the Forest Glen subdivision is
consistenl with the Zoning Regulations, Town development objectives, and is necessary to
protect the health, safety, and welfare of the community.
5. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreation,
and other public requirements and facilities and generally to provide that public
facilaties will have suflicient capacity to serve the proposed subdivision.
Staff Response.'Staff does not believe that the subdivision will have any effect on the
provision of public services.
6. To provide for accurate legal descriptions ol newly subdivided land and to
establish reasonable and desirable construction design standards and
procedures.
Staff Response.'The proposed minor subdivision plat has been prepared in accordance
with the standards prescribed in the Town of Vail Subdivision Regulations. Staff finds that
the applicant has complied with the above-described criteria.
7. To prevent the pollution of air, streams and ponds, to assure adequacy of
drainage facilities, to saleguard lhe water table and to encourage the wise use and
management of natural resources throughout the Town in order to preserve the
integrity, stability and beauty of the community and the value of the land.
Staff Response: Staff believes the minor subdivision request complies with the above-
described criteria.
The homeowners in the Forest Glen Subdivision respectfully ask for pErqisbn to utilize
the "Interior Conversion-' section of the Town of Vail GRFA resFiitio$.., lvleaningr 'The
homeowners intbe Forest Glen Subdivision shall be p€rniBed to utilize a[ ofthe square
footage under or in an attic space of a bome as long as the Town ofVail codes ar€ nrct.
Specifically, please see Note # 9 ofthe Anended Final Plat oftbe Forest GleNr
SuMivision
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MEMORANDUM 4-o
Planning and Environmental Commission
Community Development Department
January 22,2001
A request for a minor subdivision, to allow for interior conversions within Forest
Glen Subdivision, located at 4301-4480 Glen Falls Lane/Lots 1-14, Forest Glen.
Applicant: Nancy SnyderPlanner: Allison Ochs
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FROM:
DATE:
SUBJECT;
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BACKGROUND OF FOREST gLEN SUBDTVTSTON
Forest Glen Special Development District No. 27 was approved by Ordinance No. 36,
Series of 1991 . When approved, consideration was given to the geologic hazards on the
site, including a severe rockfall hazard, a moderale debris flow hazard, and a snow
avafanche hazard. In addition, the site was developed with respect to Gore Creek, the
flood plain, and wetlands. The unplatted siles were zoned Low Density Multiple Family,
which would have allowed for a total of 55 dwelling units. Special Developmenl District
No. 27 approved 14 residential lots with a total ot 62,700 sq. ft. of Gross Residential
Floor Area (GRFA). The GRFA limitations for each lot were then added as a plat nole on
the final subdivision for Forest Glen.
DESCRIPTION OF THE REQUEST
The Town of Vail, recognizing the need to allow for the safe conversion of interior spaces
(i.e. crawl spaces and vaulted spaces) into GRFA, without an increase in bulk and mass,
created the "lnterior Conversion" ordinance in 1997. The interior conversion allows
homes that were built prior to August 5, 1997 to convert spaces that were not previously
counted as GRFA into livable, useable space. However, Section 12-15-4D (Process)
states:
Applications for interior converslbns to single-family, tuvo-family,
primary/secondary or multi-family dwelling units located in a Special Development
District (SDD) pursuant to this Section shall also be allowed without amending the
GRFA provisions of the SDD. However, properties with GRFA restrictions
recorded on the plat for the development shall be regulated according to
the plat restrictions unless the plat is modified to remove such restrict[ons.
The planning staff will review the application to ensure the proposed addition
complies with all provisions of the interior conversion section.
The applicant, Nancy Snyder, owner of Lot 10, Forest Glen Subdivision, submitted an
applicalion for an interior conversion in October of 2000. While owners within Forest
il-
Glen are eligible for the "250 bonus", because of the limitation above, they are not
currently eligible ior an interior conversion. The Snyder Residence has existing crawl
space which was not counted as GRFA. The "250 Ordinance" was used to allow them lo
partially convert the crawl space into GRFA. The applicant was lhen informed that 10
convert the remainder of the crawl space to GRFA, because the plat for Forest Glen
Subdivision limits the GRFA, a plat note must be added to allow for residents within
Forest Glen to apply for interior conversions. All other requiremenls of the Interior
Conversion section apply. The proposed plat note states:
lnterior conversions are permitted in accordance with the Town of Vail code in
addition to the GRFA restrictions listed an this plat. All interior conversions must
meet the requirements of Section 12-15-4 of the Town Code.
Though the Community Development Department is currently creating an exemption plat
process, the applicant must request a minor subdivision to amend the plat note. The
proposed amended final plat has been attached Jor reference, as has the applicant's letter
of request.
In addition, through the review process for the amended Forest Glen Plat, staff recognized
an inconsistency on the plat regarding the land use summary and the identified lot sizes.
The lot sizes as identified on the lots themselves are correct while lots 4 and 5 are
incorrectly noted in the land use summary. This inconsistency will also be amended as part
of this application. lt has no bearing on development potential.
STAFF RECOMMENDATION
The Community Development Department recommends approval ol the request for a minor
subdivision of Forest Glen Subdivision, to allow for interior conversions with in Forest Glen.
Staff's recommendation for approval is based upon the review of the criteria outlined in
Section V of this memorandum. Specifically, staff's recommendation of approval is based
on the following finding:
That the proposed minor subdivision plat complies with the review criteria and
requirements of Chapter 13 of the Town Code and development standards as
outlined in Special Development District No. 27 (Forest Glen) as adopted in
Ordinance No. 36. Series af 1991 .
Should the Planning & Environmental Commission choose to approve the minor suMivision
request, staff recommends the following conditions:
1. That the applicant files the amended final plat ot torest Glen Subdivision within
one year of the Planning and Environmental Commission's approval. The
amended final plat must be signed by all property owners within Forest Glen as
identified by the Eagle County Assessar. tt is the applicant's responsibility to
coilect ail signatures. No applications for interior conversions will be accepted
by the Depaftment of Community Development until the plat has been filed with
the Eagle County Clerk and Recorder's Office.
2. That the applicant correct the lot sizes far lots 4 and 5 prior to the submission of
tv.
the mylar for the Amended Final Plat for Forest Glen Subdivision.
ZONING ANALYSIS
Foresl Glen Subdivision is zoned Special Development District No. 27. As a special
development district, the development standards are prescribed by Ordinance No. 36,
Series of 199'l , and by restrictions placed on the final plat of the Forest Glen Subdivision.
The Special Development District allows for the lollowing:
Total Lot Area: 7.5 acres or 326,700 sq. ft.
Hazards: Possible Avalanche Influence
High Severity Rockfall
High and Moderate Debris Flow
Zoning: Special Development District No.27
Standard Allowed bv SDD #27 Proposed
Setbacks
Height
Site Coverage
Landscaping
Parking
GRFA
Front:20 ft.
Rear: 20 ft.
Side: 15 ft.
33 ft.
40%
12-10-10
Total: 62,700 sq. tt.
no change
no cnange
no change
no change
no change
no cnange
no change""
shall not exceed GRFA no change'
Lot 1 4500 so. ft.
Lot 2 4500 sq. ft.
Lot 3 4300 so. ft.
Lot 4 4500 sq. ft.
Lot 5 5000 sq. ft.
Lot 6 4000 sq. ft.
Lot 7 4800 sq. ft.
Lot I 5000 sq. ft.
Lot g 4800 sq. ft.
Lot 10 4500 sq. ft.
Lot 11 4000 sq. ft.
Lot 12 4300 sq. ft.
Lot 13 4300 sq. ft.
Lot 14 4200 sq. ft.
"lnterior conversions do not increase the "allowable GRFA". Therefore, site
coverage will not be increased by allowing interior conversions.
**lnterior conversions will be allowed on all dwelling units meeting the requirements
ot 12-15-4
V. MINOR SUBDIVISION CRITERIA
A basic premise of subdivision regulations is that the minimum standards for the creation
of a new lot(s) must be met. This subdivision will be reviewed under Title 13, Subdivision
Regulations, of the Town of Vail Code.
A. The first set of criteria to be considered by the Planning and Environmenlal
Commission for a Minor Subdivision application is:
3
Lot Area: Lot area as designaled by Special Development District No. 27 and as
approved in the Final Plat for Forest Glen Subdivision.
Frontaqe: Frontage as designated by Special Developmenl District No. 27 and as
approved in the Final Plat for Forest Glen Subdivision.
Dimension: Minimum dimensions as designaled by Special Development District
No. 27 and as approved in the Final Plat for Forest Glen Subdivision.
Statf Response.'As there are no changes to any of the above standards, staff
believes that the above criteria have been met.
B. The second set of crileda to be considered with a Minor Subdivision application, as
outlined in the subdivision regulalions, is:
The burden ot proof shall rest with the applicant to show that the application
is in compliance with the intent and purposes of this Chapter, the Zoning
Ordinance and other pertinent regulations that the Planning and
Environmental Commission deems applicable. Due consideration shall be
given to the recommendations made by public agencies, utility companies
and other agencies consulted under subsection 13-3-3C. The Planning and
Environmental Commission shall:review the application and mnsider its
appropriateness in regard to Town policies relating to subdivision control,
densities proposed, regulations, ordinances and resolutions and other
applicable documents, environmental integrity and enmpatibility with the
surroundlng land uses and other applicable documents, effects on the
aesthetics of the Town.
The Specific Purpose of the Subdivision Regulations is as follows:
1- To inform each subdivider of the standards and criteria by which development
proposals will be evaluated, and to provide information as to the type and extent
of improvements required.
Sfaff Response.' Staf{ has reviewed the minor subdivision for compliance with the
applicable evalualion criteria. Upon the completion of our review the staff finds that the
proposed subdivision complies with the subdivision crileria.
2. To provide for the subdivision ol propefi in the future withoul conflict with
development on adjacent land.
Staff Besponse.'Staff believes that allowing interior conversions will not have any effecls
on development on adjacent land. In addition, the correction of the land use summary lo
correspond to the plat will clarify the development process for lots 4 and 5.
3. To protect and conserve the value of land throughout the Municipality and the
value of buildings and improvements on the land.
Staft Response.'Staff does not believe that the proposed subdivision will have any negative
impacts on the value of land in lhe Town of Vail. Interior conversions are limited to those
additions which do not increase bulk and mass of the exisiing building.
4. To ensure that subdivision ot property is in compliance vvilh the Town's zoning
ordinances, to achieve a harmonious, convenient, workable relationship among
land uses, consistentwith Town development obiectives.
Statt Response.' According to sections 12-15-4 of the Town Code:
Purpose: The interiar conversion section of this Chapter provides for flexibility and
latitude with the use of interior spaces within existing dwelling units that meet or exceed
the allowable gross residential floor area (GRFA). This would be achieved by allowing
for the conversion of existing interior spaces such as vautted spaces, crawl spaces, and
other interior spaces into floor area provided the bulk and mass of the building is not
increased. This provision is intended to accommodate existing homes where residents
desire to expand the amount of usable space in the inteilor of a home. The Town has
also recognized that property owners have constructed interior space without building
permits. This provision is also intended to reduce the occurrence of interior building
activity without building permits and thereby further protecting the health, safety, and
welfare of the community.
Staff believes that allowing interior conversions within the Forest Glen subdivision is
consistent with the Zoning Regulations, Town development objectives, and is necessary to
prolect the health, safety, and weltare ol the community.
5. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreation,
and other public requirements and lacililies and generally to provide that public
facilities will have suflicient capacity to serve the proposed subdivision.
Statf Response.'Staft does not believe thal the subdivision will have any effect on the
provision ol public services.
6- To provide for accurate legal descriptions of newly subdivided land and to
establish reasonable and desirable construclion design standards and
procedures.
Staff Response.'The proposed minor subdivision plat has been prepared in accordance
with the standards prescribed in the Town of Vail Subdivision Regulations. Staff finds that
the applicant has complied with the above-described criteria.
7. To prevent the poflution of air, streams and ponds, to assure adequacy ol
drainage facilities, to safeguard the water table and to encourage the wise use and
management of natural resources throughout the Town in order to presen e the
integrily, stability and beauty of the community and the value of the land.
Staff Response.' Statf believes the
described criteria.
minor subdivision request complies with the above-
The homeowners in the Forest Glen SuMivision respectfirlly ask for pemtission to utiiize
the "Interior Conversion" section of the Toum of Vail GRFA restrhtions. Meaning: The
homeowners in the Forest Glen Subdivision shall be permitted to utilize all of the square
footage under or in an attic space of a home as long as the Town ofVail codes are met.
Specifically, please see Note # 9 ofthe Amended Final Plat ofthe Forest Glen
Subdivision
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questiofCall the Planning Staff at 479-2138
APPLICATION FOR PLIINNING AND ENVIRONMENTAL
COMMISSION APPROVAL
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Employee Housing Unit (Type: _)
Major or tr Minor Exterior Alteration
(Vail Village)
Major or Minor Exterior Alteration (Lionshead)
Variance
Zoning Code Amendment
Amendment to an Approved Development Plan
B.
o
T{JW,\'
A. TYPE OF APPL]CATION:tr Bed and BreaKasttr Conditional yse Permittr Major or M Minor Subdivisiontr Rezoningtr Sign Variancetr Special Development Districttr Major or tr Minor Amendment to SDD
GENEML INFORMATION
This application is for any project requiring approval by the Planning and Environmental Commission. For specific
information, see the submittal requirements for the particular approval that is req uested. The application can not
be accepted until all required information is submitted. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
LOCANON OF PROPOSAL; LOT: ID BLOCK:- FIUNG:
PHYSICAL ADDRESS:]{qLd Ge^ FnttS Lo,,rL
C
D.
E.
F,
G.
H.
PARcEL *z'L\6\\"3 \30\0 (Conbct Eagle Co. Assessors Office at 97tr328-8640 for parcel #)
owr{ER(s) STGNATURE(S):
NAME OF APPLICANT:
PHoNE: Ilct -q01-1361
FEE: See submittal requiremenE for apprcpriate fee
PLEASE SUBMIT THIS APPUCATION, ALL SUBMITTAT REQUIREMENTS
AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAII- COLORADO 81657.
NAME OF OWNER(S):
o
II.
SUBMITTAL REQUTREMENTS FOR A MINOR SUBDTVISION REVIEW
(4ORFEWERLOTS)
PRE.APPLICATON CONFE RENCE
A pre-application conference with a planning staff memb€r is strongly encouraged. No application
can be acccpted unless it is complete. It is the applicant's responsibility to make an appointnent
with the staff to det€rrnine additional submittal requirements.
SUBMITTAL REQUIREMENTS
The following information must be submitted for rwiew by the Ptanning and Environmental
Commission.
FEE: $250.00. The fee must be paid at the time of submittal.
Stamped, addressed envelopes and a list ofthe names and mailing addresses of all propeny owners
adjacent to the zubject property. including propertics behind and across streets. The applicant is
responsible for correct names and mailing addresses. This information is available fiom the Eagle
County Assessor's office,
A preliminary title report, including schedules A and B, to veri$ ownership and easements.
ThrQc (3) cooies of an Environmenal Impact Report may be required as stipulated undcr Chapter '-''" -
I 8.56 of the zoning code.
Four {4) cooics of the proposal fotlowing thc requiremcnts for a final plat bolow. Spccific
requirements may bc waived by the Adminiskator and/or the Planning and Environmsntal
Commission if dctcrmincd not applicable to the projecL
A written statement describing the precise naturc ofthe rcquest, including tlre existing sitr,ration and
the proposed situation and how thc proposal will make thc subdivision cornpatiblc with othcr
properties in the vicinity.
After the Planning and Environmental Commission has approved the subdivision, the applicant must
submit twb (2) mvler copies of the final platto thc Department of Community Development. The
final plat must contain the following information:
The final plat shall be drawn in India ink or other substantial solution, on mylar, with
di mension of twenty-four by thirty-six inches and shall be at a scale of one hundred feet to
ono inch or largo witb margins of one and one-half to two inches on the left and one-half
inch on all other sides.
Accwatc dimensions to the nearest one-hundredth of a foot for all lines, anglcs and curvcs
used to describe boundaries, streets, setbacks, alleys, easements, stnrchrres, areas to be
reserved or dedicated for public or conrmoh uses and other important features. All curves
shall be circular arcs and shall be defined by the radius, central angle, arc chord distances
and bearings. All dimensions, both linear and angular, are to bc determined by an accurate
control suvey in tbe field which must balance and close within a limit of one in ten
thousand.
tr
tr
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Prge I of 4
4.
5.
6.
3. North arrow and graPhic scale.
A sysrematic idcntification of all existing and proposed buildings, units, lots, blocks, and
names for all skects.
Names of all adjoining subdivisions with dotted lines of abutting lots' If adjoining land is
unplatted, it shall be shown as such.
An identification ofthe shcets, alleys, parks, and othu public areas or facilities as shown on
the plat, and a dedication thereofto the public use. An identification of tlle easements as
shown on the plat and a grant thereof to the public use. Areas reserved for future public
acquisition shall also be shown on the plat.
A written survcy description of the arca including the total acreage to thc nearest appropriatc
significant figure . The acreage of each lot or parcel shall bo shown in this manner, as well-
A description of all survoy monuments, both found and set, which mark the boundaries of
tlre subdivision, and a description of all monuments uscd in conducting thc survcy.
Monument pcrimeter pcr Colorado slatutcs. Two perirncter monumsnts shall be established
as major conffol monuments, the materials which shall be determined by ttre Town Enginccr.
A statement by the land survoyor explaining how bearing base was detsrmined.
A certificate by the registered land survcyor as oudined in Chapter 17.32 of this titlc as to
thc accuracy of the survey aDd plat, and that the survcy was performed by the survcyor in
accordance with Colorado Rcvised Statutes l9?3, Title 38, Article 51.
A certificate by an attomcy admitted to practicc in the Statc of Colorado, or corporate titlc
insurer, that the owncds) of rccord dedicating to the public thc public right-oCway, arcas or
facilities as shown thercon are the owncrs thereof in fce sirnple, tee and clcar ofall liens and
cncumbrancm excspt as noted. (See cxample in Chaptcr 17.32)
The proper form for approval of the ptat by the PEC chairman and acceptance of dedicatlon
and easements by the council with sigrature by the mayor and attestation by the Town Clerk.
Examples are found in Chapter I 7.32 of this title.
The proper form for filing of the plat with the Fagle County Clerk and Recorder a.s pcr
example in Chapta 17.32.
Certificate of dedication and ownership as per example in the appendix of Chaptcr 17.
Should the certificate of dedication and ownership providc for a dedication of land or
improvements to the public, all beneficiaries of deetls of trust and mortgage holders on said
real property will be required to sigrr the certificate of dedication and ownership in addition
to the fee simple owner thereof.
a
8.
9.
10.
IL
12.
IJ.
t4.
Page 2 of 4
15. All currcnt bxes must bc paid prior to the Town's approval of thc plat. This includc,s taxes which
have bcen billed but are not yet due. The ccrtificatc of taxcs paid must be signcd on thc plat or a
statcmcnt from the Eagle County Assessor's Oflicc must be providcd with the submittal information
stating that all taxcs have becn paid.
16. Additional material which shall accompany the final plat includcs, but is not limited to:
a. Complete and final Environmental Impact Report if required by the mning ordinancel
b. Complc*c engineering plans and specifications for all improvcments to be installed,
including but not limited to water and sewer utilities, streets and related improvements,
pedestrian and birycle paths, bridges and storm drainagc improvements;
c. Maps at tho sarne scale as the final plat showing existing topography and proposed grading
plan (contour interval requirements same as preliminary plan), a landscape and or
revegetation plan showing locations, tlpe and sizes of existing and proposed vegetation.
d. A map the same scalc as the final plat depicting all high and moderate avalan cbe hazard,
areas, fo4y percent and high slope areas and one hundred year floodplain areas as dcfinod in
thehazafi ordinance of the Vail Municipal Codc;
c. Title inzurance company proof of ownership of all lands within the proposal;
f. Copies ofany monument rocords requircd ofthc land surveyor !n accordancc witb Colorado
Rcviscd Statutes 1973, Title 38. Article 53:
O S. Any agreements with utility companies when required;
b. Protective covenants in form for recordingl
i. Other data. certificates, affidavib. or documcnts as may bc rcquired by thc Administrator or
PEC or Council in the enforcemcnt ofthese regulations.
III. TIME REOUIREMENTS
Thc Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. A
complete application form and all accompanying material (as described above) must be accepted by
the Community Development Department by the appropriate submittal datq which is a minimum of
four (a) weel.s prior to the date of thc PEC public hearing. Incompletc applications (as detwnined
by the planning staff) will not be accepted.
TV. REVIEWPROCEDURE
The final plat sball be circulated to and rwiewed by the town's departnents, including but not
limited to Public Works, Transportation, Comnrunity Developmen! Recreation, Adminisuation,
Police and the Fire Departrnent. Comments and concern$ of these deparhnents witl be forwarded to
the PEC prior to the public hearing.
Page 3 of4
ADDITIONAL REVIEW AND FEES
l" lt tttir applicabon requires a scparate review by any local, State or Fedcral agency other than
thc Town ofVail, thc application fcc sball be increased by $200.00. Examples ofsuch
rwiew, may include, bur are not lirnitcd to: colorado Departmalt of Highway Access
Permits, Army Corps of Engineers 4M' etc.
B. The applicant shall be responsible for palng any publishing fec which are in excess of
S0% oithe application fee. If, at the applicant's requcst, any matter is pos@oned for
hearing, causing the matter to be re-published, thcn tbe cntire fee for such rc-publication
shall be paid by thc aPplicant.
C. Applications ileemed by the Community Development Depar8nent to have design, land use
or other issues which may have a sigrificant impact on the community may require rwiew
by consultants in addition to Town staff. Should a determination be made by thc Town siall
that an outside consultant is needed the Community Development Department may hire thc
consultant. The Department shall estimate the amount of money necessary to pay tbc
consultant and this amount shall be forwarded to tte Town by the applicant at the time of
filing an application. Expenses incurred by the Town in excess of the amount forwarded by
the applicant shall be paid to the Town by the applicant within 30 days ofnotification by the
Town. Aay e;<cess funds will be retumcd to thc applicant upon rwiew completion'
THE DEPARTMENT OF COMMUNITY DEVELOPMENTWILL BE RESPONSIBLE FOR
SEEING THAT THE APPROVED PLAT IS PROMPTLY RECORDED WITH THE EAGLE
COLINTY CLERK AND RECORDER.
Page 4 of 4
*' *'' *o#I
!^T { rT }ilo'' ^"'b
O p y( t0-r7-92)
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TTTLE
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Datc of Folicy shorn
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
I . Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. [:ck of a right of access to and from the land.
The Company will also pay the costs, attorneys'fees and expenses incurred in defense of the title, as insurcd, but
only to the extent provided in the Conditions and Stipulations.
In Witness Wereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shorvn in Schedule A, the policy to become valid when countersigned by an authorized signatory.
ISSUED BY:
LAND TITLE GUARANTEE COMPANY
108 S. Frontage Rd. W, Suite 203
P.O. Box 35?
Vail, Colorado 81658
(97o) 476-2251 Fax (9?o) 476-4534
CHICAGO TTTLE INSURANCE COMPANY
By:/r--r/4.(^
-/ Pr€sid€nt
By:
ALTA Owner's Policy (tGt7-92)
t
Y'q($3
t
CONDITIONS ANO STIPULATIONS
1. DEFINITION OF TERMS
The following t€rms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subiect to any rights
or def€nsos the Comparry would hava had against the named insur6d, those
who succaed to lhe inlarest of lhe named insured by operalion ot law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate ot
liduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knor/ladge" or "known": actual knowledge, not constructive knowl-
edge or notic€ which may be imputed to an insured by feason of the public
tecords a9 dafinsd in this policy or any other records which impart construc-
tive notice ol matlors atfecting the land.
(d) "fand": the land described ot rclafted to in Schedule A, and imp@ve-
ments amxed lhereto which by law constitute real property. The term "land"
does not include arry property beyond the lines ot the area described orrefered to in Schedule A, nor any right, titlE, intsrest, estate or easement in
abutting streols, rcads, avenues, all6ys, lanes, ways or wateryvays, but noth-
ing herein shall modify or limit the extent to which a right ofacc6ss to and from
the land is insured by this policy.
(e) "mortgagg": mortgage, deed ot trust, trusl deed, or other security
instrument.
(D "public records": rocords established und6r state statutes at Date ol
Policy for the purpose of imparting constructive notice of matters relating to
real properly to purchasers lor value and wilhout knowledge. With respoct to
Section 1{axiv) of the Exclu3ions From Coverage, "pubtic records" shall also
include environmenlal protection liens tiled in the records of th6 clerk of the
Unitod States district court for the district in which the land is located.
(g) "unmarkotability of the title": an alleged ot apparent matter alfocting
the title lo the land, not excluded or excepted from coverage, which uould
€ntitlo a purchaser ol the estate or interest described in Schedule A to b€
released from ths obligalion to purchase by virtue of a contractual condition
r6quiring the deliv6ry of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TTTLE
Th6 co/erage of this policy shall continue in forc6 as of Oate of Policy in
tavor ot an insured only so long as the insured retains an estate or inteEst in
the land, or holds an indebtedne$ secured by a purchase money mortgage
given by a purchaser trom the insured, or only so long as the insured shall
have liability by r€ason of covenants of warranty mads by the insured in any
transter or conveyance of the sstate or inlerest. This policy shall not continue
in fotc6 in tavor of any purchaser lrom the insured of eith€r (i) an estate or
inlerest in the land, or (ii) an indebtedn€ss secured by a purchase money
mortgage given lo th6 insurod.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
Tha insured shall notify the Company promptly in writing (i) in case ol any
litigation as set forlh in Section 4(a) belo,,r, (ii) in case knowledge shall come to
an insured hereunder ol any claim of title or intersst which is adveFe to the
title lo the eslate or intargst, as insured, and which might cause loss or dam-
age lor which the Company may be liable by virtue otthis policy, or (iii) it titl€ to
the estate or inlerest, as insured, is reiected as unmarketabl€. lf prompt notice
shall not be given lo the Company, then as to the insured all liability of the
Company shallterminata with regard to the maller ormatters forwhich prompt
notice is required; provided, however, that tailure to notity the Company shall
in no case preiudice ths rights of any insured undsr this policy unless the
Company shall be preiudiced by th€ tailure and then only to the sxtent of the
preiudice.
4. OEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIIIANT TO COOPERATE
(a) Upon written request by lhe insufed and subiecl to the options con-
lain€d in Section 6 ot these Conditions and Stipulations, lhe Company, at its
orvn cosl and vvithout unrsasonable delay, shall provido for the defens€ of an
insured in liligation in which any third party asserts a claim adverse lo th€ ti0e
or interest as insured, but only as to those stated causos of action alleging a
defecl, lien or encumbrancs or other matter insured against by this policy. The
Company shall havs the right to s€tect counsot of its choice (subiect io th6
right otthe insured to obiect for reasonable cause) to Gpresent the insured aslo lhose stated causes of action and shalt not be liabls tor and will not pay th€lees of any oth€r couns€|. The Company will not pay any lees, costs or
erp€nses incurred by the insured in the defense of those caus€s of action
which allege mattors not insured againsl by this policy.
(b) The Comparry shall hav€ the right, at its own cost, to institut€ andprosecule any action or proceeding or to do any other act which in its opinion
may be necsssary ordesirable to establish the titl€ to th€ estate or interest, asinsured, or to prevent or rcduce loss ordamags to the insured. The Company
may take any appropriato action under the terms ot this policy, whethoror notitshallbe liable hereund€( and shall not thereby concede liabitity orwaive anyprovision ol this policy. lf the Company shalt €xerciss its rights under thii
paragraph. it shall do so diligently
(c) Whenever lhe Company shall have brought an action o. inlorpos€d a
detense as required or p€rmitted by the provisions of this policy, the Company
may pursue any litigation to final deterrnination by a court ol comp€tent luris-diclion and expressly reserves the right, in its so16 discretion, to appeal from
any adverse judgment or order
(d) In all cas€s where this policy pe.mits or requires the Company to pros+
cute or p.ovids for the detense ol any action or procosding, the insurad shatt
secure io the Company lhe right to so prosecute or provide defense in th€action or proceeding, and all appeals therein, and p€rmit the Company to
use, al ils option, lh6 name of th€ insur6d lor this purpose. When€ver
requested by lheCompany,lhe insured, at the Company's expense, shall give
lh€ Company all reasonable aid (i) in any action or proceeding, securing
evidence, oblaining witnesses, prosecuting or detending the action or prc,
ceeding, or effecting settlement, and (ii) in any olher lawlul act which in the
opinion ol lhe Company may be necessaryor desirable to establish th6li0eto
the estate or interest as insur€d. It the Company is pr6judicad by the tailure oflhe insured to furnish the required cooperation, the Company's obligations to
lhe insured under the policy shall terminate, including any liability or obtiga-
lion lo defend, prosecule, or conlinue any litigation, with regard to lh€ matter
or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and afterthe notices required under Section 3 of these Condi-
lions and Stigulations have been provided the Company, a proof ot loss or
damage signad and sworn to by the insured claimant shall be ,urnished to lh6
Company within g0 days atter th6 insured claimant shall ascertain the faclsglving rise to the loss or damage. The prool ot loss or damage shall describe
lhe delect in, or lien or encumbrance on the title, or other matter insured
againsl by lhis policy which conslitutes the basis of loss or damage and shatl
state, to lhe extent possible, the basis ol calculating lhe amount ot the loss ordamage. lf the Company is pr€iudiced by the tailuro ol thg insured claimanttoprovide lhe required proot of loss or damage, ths Company's obligations tothe insured under lhe policy shall terminate, including any liabilily or obliga-
lion to defend, prosecute, or continue any liligation, with regard to the maner
or matters requiring such prool of loss or damage.
In addition, the insured claimant may reasonably b€ raquired to submit toexamination under oath by any authorized representative oa ths Company
and shall produce ior examination, inspection and copying. at such reason.
able timesand places as maybe designated byany authorized rspres€nta$ve
ol the Company, all records, books, ledgsrs, checks, correspondence andmemoranda, whethef bsaring a dale before or alter Oate of Poliry, which
reasonably pertain to the loss or damage. Further, il requested by any aqtho
rized represenlative of the Company, the insured claimant shall grant its
permission, in writing, for any authorized representativs of the Company lo
examine, inspsct and copy all records, books, ledgers, checks, cor€spon-
dence and memoranda in lhs cuslody or conlrolot a third party. which fttas{rn.
ably perlain to the loss or damage. All information designated as conlidential
by lhe insured claimant provided to the Company pursuant to this Sectionshall nol be disclosed to others unless, in the reasonable iudgment of the
Company, it is necessary in the administration of the claim. Failure of the
insured claimant lo submit for gramination underoath, produco other reason.
ably requested information or grant permission to secure reasonably n€ces-
sary information trom lhird partiss as required in this paragraph shall termi-
nale any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TEBMTNATION
OF LtABILITY
In case of a claim under lhis policy, the Company shall have the lollowing
additional options:
(a) To Pay oa Tender Payment of the Amount ol Insurance.
To pay or tender payment of the amount ol insurance under this policy
togetherwith anycosts, attorn€ys'fees and expenses incurfed by th€ insurgd
claimant, which wer6 authorized by the Company, up to tha time of paymentor
tender of payment and which ths Comparry is obligated to pay.
Upon theaxercise by lhe Company ol this oplion, allliability and obligations
to the insured underthis policy, otherthan to make the payment requifed, shalt
terminate, including arry liability or obligation to defend, prosecute, or con-
tinue any liligation, and the policy shall be surrendered to the Company for
cancellation.
(b) To Pay or Olherwise Settle With Parties Other than the InsuEd or
With the lnsured Claimanl.
(i) to pay or othenvise s€llle with other parties tor or in th6 name ot an
insured claimanl anyclaim insured against underlhis policy, togetherwith any
costs, attornays' fees and expenses incurred by the insured claimant which
were authorizod by the company up to the time ot payment and which the
Company is obligaled to pay: or
(ii) lo pay or otherwise setlle wilh the insured claimant the loss or darEge
provided lor under this policy, tog€thsr with any costs, attorneys' fe€s and
expenses incurred by th€ insured claimant tvhich were authorized by the
Company up to the time ol payment and which the Company is obligated to
gay.
Upon rt " "r"r.i"" by the Company ol elfrhe oprions pro,,ided tor in
paragrairhs (bxi) or (iD, the Company's obligElions to the insured under this
policy lor lhe claimed loss or damage, other lhan the payments required to be
made, shall terminate, including any liability or obligation to d6fend, prose-
cute or continue any litigation.
7. DETERMINATION, EXTENT OF LIAAILITY ANO COINSURANCE
This policy is a contract ol indemnity against actual monetary loss or dam.
age suslained or incurred by the insured claimant who has sullered loss or
damage by reason ol matters insured against by this policy and only to the
axlenl herein described.
(a) The liability of the Company under this policy sha not exceed th€ teast
ol:
(i) the Amount ol lnsurance stated in Schedule A: o(
(iD tho difference between the value of the insured estate or inlerest as
insured and the value ol the insured estate or inter€st subiect to the de16ct,lian or encumbrance insured against by this policy.
(b) In the evenl th€ Amount of Insurance statod in Schedule A at the Dal6 of
Policy is less than 80 percent ol the value of th€ insured estate or inter6st or
lhe lull consideration paid for the land, whichever is less, or it subsequent to
th€ Date of Poticy an improvement is 6r6cled on the land which increases thEvalue of the insured estate or inlerest by at least 20 percent over th6 Amount of
Insurance stated in Schedule A. then this Policy is subject lo the lollowing:
(i) where no subsequent improvement has been mad6, as to any parlial
loss, the Company shall only pay the loss pro rata in lhe proponion that the
amount ot insurance at Oate ot Policy bears to the total value ot the insured
estato or interesl at Oate of Policyi or
(ii) where a subsequent improvsment has been made, as to any partial
loss, lhe Company shall only pay lhe loss pro rata in lhe proportion thal t2Opercent of lha Amount ol Insurance stated in Schedule A bsars to the sum of
the Amount of Insurance staled in Schedule A and the amount expended tor
the imorovement.
Th6 provisions ot this paragraph shall not appty to costs, attorneys' lees
and expenses for which the Company is liable under this policy, and sha only
apply to lhat portion ot any loss which exceeds, in the aggregats, 1O percenl ol
lhe Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' lees and expensesincurred in accordance with Section 4 ol thesa Conditions and Stipulalions.
8. APPORTIONMENT
It ihe land describ€d in Schedule A consists ol two or more parcels lvhich
are nol used as a single site, and a loss is establishsd atfecting one or more ofthe parcels bul not all, the loss shall be computed and sented on a pro rata
basis as il tha amount ol insuranco under this poticywas divided pro rata as tolhe valug on Oate ot Policy ot each separate parcel to the whole. exclusive ofany improvements made subsequent to Oate ot Policy, unless a liabitity or
value has otherwise been agreed upon as to each parcel by the Company and
lhe insufed at the lime ol the issuance of this policy and shown by an expressstalement or by an endorsemenl attached lo this policy.
9. LIMITATION OF LIABILITY
(a) ll the Company establishes the titl€, or removes the alleged delect, lien
or encumbrance, ot cures the lack of a right of access to or from the land, or
cures lhe claim ol unmarketability of tille, all as insured, in a reasonably
diligenl manner by any method, including liligation and the completion of antappeals theretrom, it shall have lully p€rformed its obligations with respect to
lhat malter and shall not be liabl€ lor any loss or damage caused thereby.(b) In lhe event ol any litigation, including litigation by the Company or with
lhe Company's consent, the Company shall have no liabitity lor loss'or dam-
age until there has been a linal determination by a court ol competent iurisdic-tion, and disposition ol all appeals therelrom, adverse to the titls as insured.
(c) The Company shall not be liable lor loss or damage to any insured forliability voluntarily assumed by the insured in set ing any claim oi suit withoutlhe prior written ccnsent ot the Company.
10. REoUCTION OF INSURANCE; REDUCTION OF TERMTNATTON OF
LIABILITY
All payments under this policy, except payments mad6 lor costs, attorneys'
tees and expenses, shall reduce the amount of the insurance pro lanio.
1 I. LIABILITY NONCUMULATIVE
It is expressly understood that lhe amount of insurance under this policy
shall be reduced by any amount ths Company may pay under any policy
insuring a mortgage to which exception is laken in Schedule B or to which the
insured has agreed, assumed, or taken subiect, or which is hergatter ex.
eculed by an insured and which is a charge or lien on the estate or interest
described or relerred to in Schedule A, and the amount so paid sha bo
deemed a paymenl under this policy to the insured owner.
t2. PAYMENT OF LOSS
(a) No payment shall be made without producing this poticy tor endorse-ment ol lhe payment unless the policy has been lost or destroyad, in which
case proot ot loss or destruction shall be lurnished to the satisfaction ol the
Company.
R.o.d6.'orm No. 8256 (Flev- 10-17-92)
(ut wnen rtaoirity lextent or ross or damag€ has been derinrrery rixed
in accordanca with these Conditions and Stioulations, the loss or damaoe
shall be payabte within 30 days thereatter.
13. SUBROGATION UPON PAYII|ENT OR SETTLEMENT
(a) The Company's Righl ot Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right ofsubrogation shall vest in the Company unallecled by any act
of the insured claimant.
The Company shall be subrogaled to and be entitled to all rights and
remedies which the insured claimant would have had against any peEon Orpropeny in respect to the claim had this policy not been issu€d. tt requested by
the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or propeny necessary in order to perlect
this righl of subrogation. The insured claimant shall permit the Company to
sue, compromise or settle in the name ol the insured claimant and to use the
name ol ths insured claimant in any transaction or litigation involving lhes6
rights or remedies.
It a payment on account ol a claim does not lully cover tha loss ol the
insured claimant, the Company shall be subrogated to these rights and reme-
dies in the proportion which the Company's payment bears to the whole
amount of the loss.
lf loss should result from any act ol the insured claimant, as slated above,
that act shall not void this policy, but the Company, in that event, shatl be
required to payonly lhat part ofany losses insurod against by this policy which
shall exceed the amount, if any, lost to the Company by reason ot the impair.
ment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-lnsured Obti90'3.
The Company's right of subrogation against non.insured obtigors shatl
exist and shall include, without limitation, the rights of the insured to indem-
nities, guaranties, other policies of insurance or bonds, notwithstanding any
lerms or conditions contained in those instruments which orovide for subrooa-
tion rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, eitherthe Companyor the insured may
demand arbitration pursuant to lhe Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited lo, any controversy or claim between the Company and the insured
arising out ot or relating to this policy, any selice ol the Company in connec-
tion with ils issuance or the breach ot a policy provision or other obligation. All
arbitrable mallers when the Amount of lnsurance is $'t.000,000 or less shalt
be arbitrated at lhe option ol either the Company or lhe insured. All arbitrable
maners when lhe Amount of lnsurance is in excess ol $t.OOO.OOO shall be
arbitrated only when agreed to by bolh the Company and the insured. Arbitra.
tion pursuant to this policy and under the Rules in etfect on the date the
demand for arbitration iS made o( at lhe ogtion of ths insured, the Rules in
efiect at Oate of Policy shall be binding upon the parties. The award may
include attorneys' fees only il the laws ol lhe state in which the land is located
permit a court lo award attorneys' fees to a prevailing party. Judgment upon
lhe award rendered by the Arbitralo(s) may be entered in any court having
jurisdiction thereof.
The law ol the situs of the land shall appty to an arbitration under the Title
lnsurance Arbitralion Rules.
A copy of the Rules may be obtained from lhe Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTBACT
(a) This policy together with allendorsements, il any, a[ached hereto bythe
Company is the entire policy and contract b€tween the insured and the Com-pany. In interpreting any provision ol this policy, this policy sha be construed
as a whole,
(b) Any claim of loss or damage, whether or not based on negligence, andwhich arises out ol the status of the title to the eslate or interest covered
hefeby or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment ol or endorsement to this policy can be made except by
a \ryraling endorsed hereon or attached hereto signed by either the president, a
Vice Presid€nt, the Secretary, an Assislant Secrstary or validating otficer or
authofized signalory ot the Company.
16. SEVERABILITY
In the event any provision ot tha policy is hetd invalid or unenlorceableunder applicable la!,y, th6 policy shall be deemed not to include that provision
and all other provisions shall remain in tuI force and ettect.
17. NOTICES, WHERE SENT
All noticas r€quired to be given the Company and any statement in writing
required to be turnish€d the Company shall include the number ol this policy
and shall be addressed to the Company at lhe issuing ottice or to:
Chicago Title Insurance Company
Claims Departmenl1n North Clark Street
Chicago, tltinois 50601-3294
2.
EXCLUSIONS FROM COVERAGE
Thc tollowlng mattcF are-crprEssly crcluded trom thc cove,ag. ot thl! pollcy.nd th6 Comp.ny wlll not p.y lo.! o?otmega, co3l!, rttornay3' ,ee! or arp€nrcs whlch .rlsa by |r!l30n ot:
1. (a) Any law, ordlnancG or.gowmm.nt l rrgulsuon (lncludlng but not llmltGd to bulldlng and zonlng Lwr,ordlnanoa3, o. rlgulatlonr) llltrlcting, Ggutafing, ptghlSltlng or |€la$ng !o (l) thG 5ccuoancy. urc. oronloymcnt ol th. land; (ll) lhc charlcirr, dlm€n3lom or locailon ot alrylmprdrcmcnt now or-hcrcrhcraGcted on thc hnd; (lli) a lcp.ratlon In owncFhlp or ! changc ln th. dlminsl6nr or e]!a ot thc lind or rnypatccl ot whlch thc l.nd 13 or was a patt; or 0v) envlronmental p]otcctlon, or tha rtl.ci of .rry yloh on oilhass |.w!, ordln.nce! ot govommontal Ggulatlon3, Grccpt to lhG artant lhat . notlc. of thcLnforccmantth6Fot or. nollce ol r dclcct, licn ot cncumbEnc. Esuttlng from ! vlolatlon or all.gcd yloLuon rft.ctlngth€ land ha! beon Ecorded In lhc publlc r€cord3 at DatG of pollca.
(b) Arry gov€mm€ntal policc Po|Yar trol cxcluded by (a) abdra, cxcGpl to th€ axt€nt that . nollce ol tho crcrEb€theEof ot a notlce ot a detect, llcn orcncumbGnce |Esulling ltom a vtolauon or lllag€d ylolauon !fiGctlng thaland haa be€n rEcorded ln the publlc ilcords at Dat of trollcy.
Rights ol emlnentdomaln unle3s notlceot the crc.ciso thateol has b€an Ecorded In th€ Dubtic ltcordsat Datc olPollcy, but not orcluding from covsrage 8ny takhg which hrs occurr€d prlo. to Dato oi pollcy whlch wouttt bcblndlng on lhc rlghts ot r purchas€r tor v.luo f,lthout knowt€dgs.
Oetect3, llen3, encumb.anco3, rdy€Fe clalmS or other natiar!:
(a) crsat€d, suttcJld, asaumed or rgre€d to by the Insu|?d cleimrnt;
(b) not known to the Company, not rcco.dcd In the pubtic recor& at Date of Potlcy, but known to thc lmur.dclaimanl and not dlsclo3€d ln wrlung to the Comparry by the lnsurad clalmant ido. to tha date tho lnlur€dclalmant became an InsuGd under thls pollcy;
(c) resunlng In no loss or damagc to the Insured clalmanu
(d) attaching or crcated sub!€quent to Oate ot policy; or
(e) r$ultlng In losa ot damagc whlch vvould not hava becn su3talned ll the ln3urcd clelmant had pald yatua lorthe eslats or Inter€sl lasuEd by this policy.
Any clalm, whlch adses out ol the hansactlon vestlng In tho tnsurcd lha catate or Inie.€.t ln3ultd by thls pollcy, byl€a3on ol the operallon of fedoral bankruptcy, 3taie ircolvency, or slmllar cr€dlto6' dghts laws, ttrit ls tiascd bni
(l) the-trercactlon cEailng lhc estate or inte.€st In3ursd by thli gollcy b.ing .l?Gmed . trasdul.nt convrylnccor fsEudulent lranslcc ol
(li) lhe traFaclion cteatlng th€ .statc or Intel"it insu]ld by thi3 pollcy belng dcemrd ! pFf€rlntlal trafEL?crcEpt whel? the p?clc|Cntlal t]ansler rtsulls from tho tallurG:
(a) to limely rcord lh6 lnltrumeat ot transrer; or
(b) of such recordallon to lmparl notice lo a purchaser for value or a ludgment or lian credltor.
/0.
to* l* q'l'x @5u'
[and Title Guarantee Company
Date: April 09, 1999
NANCY C, SNYDER, RICHARD S. .GALLAGHER, AND PETER E. COBURN AS TRUSTEES OF
3I5O PLEASANT VALLEY RD.
APTOS, CA 95003
Enclosed please find the title insurance policy for your propeny
located at LOT l0 FOREST GLEN
Please review this policy in is entirety. In the event &at you find any discrepancy, or if you have any questions
regarding your final tide policy, you may contact Title Departne
Pbone:970476.2251 Fax:9704764534
Please refer to our Order No. V2&286
Should you decide to sell the property described in this policy, or if you are required to purchase a new title
commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums.
knd Title Guarantee Company will retain a copy of 0ris policy so we will be able to provide future products
and services to you quickly and efficiently.
Thank you for giving us the opporrunity to serve you.
Simerely,
l-and Title Guarantee Company
JG Policv No. CTEH264286
Form AO/CHI L
Our Order No. V264286 Schedule A
Property Address: LOT l0 FOREST GLEN
Amount $1,7E0,000.00
1. Policy Date: March 08, 1999 at 5:00 P.M.
2. Name of lrsuredr
NANCY C. SNYDER, RICHARD S. .GALLAGHER, AND PETER E. COBURN AS TRUSTEES OF THE
NANCY COBURN SNYDER I99O TRUST
3. The estate or interest in the land described or referred to in thfu Schedule and which is covered by this policy ls:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
NANCY C. SNYDER, RICHARD S. .GALLAGHER. AND PETER E. COBI'RN AS TRUSTEES OF THE
NANCY COBURN SNYDER I99OTRUST
5. The land referred to in this policy is described as follows:
LOT IO, FINAL PLAT OF FOREST GLEN, ACCORDING TO THE PLAT RECORDED AUGUST 19,
1992 IN BOOK 587 AT PAGE 376, COUNTY OF EAGLE, STATE OF COLORADO.
TOGETHER WITH ACCESS EASEMENT ON LOTS II, T2 AND 13 AS SHOWN ON PLAT RECORDED
AUGUST 19,19Y2IN BOOK 587 AT PAGE 376, COUNTY OF EAGLE, STATE OF COLORADO.
This Policy valiil only if Schedule B is attached.
Land Title Guarantee Company
Representing Chicago Title Irsurance Company
l.
a
J.
4.
Form AO/CHI
OurOrderNo. V2642E6
Schedule B
This policy does oot insure against loss or dunage (and $e Company will not pay costs, attonreys' fees or expenses)
which arise by reason of:
General Exceptions:
Rights or claims of parties in possession not shown by the public records.
Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate suwey aod
inspection of the premises.
Easements, or claims of easements, nor showtr by the public records.
Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the public records.
1999 TAXES NOT YET DUE AND PAYABLE.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
I,JNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 1?.
I9O2, IN BOOK 48 AT PAGE 49.
RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 11 .IW}.IN BOOK 48
AT PAGE 49.
EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANTIATION DISTRICT IN INSTRUMENT
RECORDED IIJNE 13, 1973 IN BOOK229 AT PAGE 550 AND 55I.
RESERVATION OF A TEN PERCENT NON.PARTICIPATING ROYALTY AS RESERVED IN DEED
RECORDED NOVEMBER 2, 1962 IN BOOK 166 AT PAGE 407.
THEEXISTENCE OFTHE MINERALEXCEPTION AND/ORRESERVATION SHOWN AS ITEM 12,
SCHEDTJLE 8.2, WILL NOT AFFECT OIJR ABILITY TO ATTACH COLORADO ENDORSEMENT
NO. IOO.3I TO OUR ALTA OWNERS POLICY WHEN ISSIJED.
EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE FINAL
PLAT OF FOREST GLEN RECORDED AUGUST 19,IgY2IN BOOK 587 AT PAGE 376.
TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS, CONDITIONS,
10.
11.
ilt Policy No. CTEH264286
Form AO/CHI
Our Order No. V2&286
Schedule B
RESTRICTIONS AND EASEMEI.TTS OF FOREST GLEN RECORDED AUCUST 19.I9Y2IN BOOK
587 AT PAGE 377 AND AMENDMENT THERETO RECORDED NOVEMBER 18. DN IN BOOK
594 AT PAGE 534 AND AMENDMENT THERETO RECORDED SEPTEMBER 17, 1998
RECEPTION NO. 669632
12. TERMS, CONDMONS AND PROVISIONS OF TRENCH, CONDUIT AND VAIJLT AGREEMENT
RECORDED AUGUST 18,I9YaIN BOOK 587 AT PAGE 345.
13. UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC
ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST 13, DN N BOOK 586 AT
PACE 923.
14. PNVATE ACCESS EASEMENT AFFECTING A PORTION OF SUBJECT PROPERTY AS SHOWN ON
THE RECORDED PLAT OF FOREST GLEN.
15. BUILDINGSETBACKLINE AS SHOWN ON THE RECORDED PLATOFFORESTGLEN.
ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS RESULTING
FROM 1VORK OR MATENAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF
CHARLESW. DAVISON AND PATNCIA L. DAVISON.
CHICACO TTTLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS
ARISING FROM WORK OR MATERTAL FURNISHED AT THE REQUEST OF NANCY C. SNYDER,
RICHARD S. .GALLAGHER, AND PETER E. COBURN AS TRUSTEES OF THE NANCY COBURN
SNYDER I99O TRUST.
L
TITIE GUARANTEE COMPA
O
NY
Date Aprll 09, 7999Case V264286
Policy CTsg264286
IrOan #
Property iddress LOT 70 EOREST eLEN
EIIDORSEUENT 100.30
Owrer IIA.ITCT C. SIftrDER, RTCE,]RD S. .CALLAE {ER, AITD PETE.R
E. COaARlt AS TROSTEES OF gtE .t\tAr\tcy COBURII Srm)ER
7990 riRUST
The Company hereby insures the Insured agajnsc -Loss whi ch the Insured
shal.L sustain by reason of physicaT, buE not aesthecic, danage Co improvements
exisuing on the Land aE Dat.e ot PoTLcy or consEruced thereon thereafter,
resulting from the exercise subsequen E co the DaEe of Policy of any rjghts
to use Che surface of the .l,and under Ehe minera.L ia teres c tef erred Eo in
Exception IVo (sJ . 6 of Scbedule B-I("the mineraT rLghts"), subjece, hotrever to the foTTowing terms and conditiois:
L. ?he Insured sha77 notify the Company promptTy in writing jn case
knowledge shall come Eo an Insured hereunder of any actual or
E&reaEeaed exercise ot the rnineral righEs.
2. The Company sfra-L l harze the righE, at jEs cost. Eo Cake any action
nrhi ch in its opinion nay be necessary or desirabf,e ia order for the
conpany to avaid or minimize che extenc of iEs TiahiTity uader this
endorsenent, includiag, but not limited to, any or a77 of the
foTTowing:
(a) In Ehe Conpany's own righE, or in the nane of the
Insured or of the Borrower under tbe indebtedness securedby che insured morEgage for Ehe CorF)any's benefi t toiastitute, prosecute and pursue to finai determination
any proceedings at law or in equity, or before any
municipaT, adminisErative, or regulatory tribuna] or
board;
(b) In the Conpany's oe,n righE. or in tbe name of the Insuredor of the Borrower under che indebtedness secured by the
insured mortg:age for the Company's beaefit, Co cornpel thegiving of security, bond or undertaking by the persoi2 or
persons from whom che -Insured or such Botrower is
entitTed by 1aw to such security, bond or .rnder'aking,
and in che safie amount or amouncs to which the Iasuredor sucft Borrower wouTd have been so entit.led }lad this
endorsement noE been issued,. and
Page 7 of 2
Representing Chicago Title Insurance Company
I
tAND
TITTE GUARANTEE COMPA
t
NY
EIIDORSEITENT 1OO .3 O
(c)to reEain or be paid ouE of any such security, bond orundertakinq, or ouE of any compensa tion or funds
recorrered by Che Company ot by the Insured or btr theBorrower under the indebtedness .secured by Che insured
nortgage, sucb anount as wi77 reimburse the Company foraII paymencs made to the fnsured by the Conpany by reasonof tle insurance afforded by chis endorsemene, togethetwith a71 cosEs and erqrenses incurred by Che Company ia
connection therer,'dth, including attorney, s fees.
fhe fnsured sha-l] take a1,.1 reasonab 7e sCeps to require the Bottower
under the iadebcedness secured by Ehe insured marcgage to cooperatefulTy wich the Corpany in any acEjon taken by the Conpany pursuancto Che provisions of paragrap h 2 hereof, and aTso to requLre such
Botrower Eo noEify the Insured prompcly in !,/ri t{ng in case knohrledge
sha]L corne Eo such Bo$ower of any acEual or threaEened exercise of
the mineral rights.
lfo rights, benefi cs or defenses are intended to or slla]. -1 be deemed
xo fTow or be rnade ayailable to any person or entity ocher than theIlsured by reason of the insutanee afforded by this eador.rement, andtbe fnsured agrees that al.-? of the .Ui?sured's rights and renedLesagainsf third parties rel.ating to che subjecc matEer of thl.s
endorsemen 6 siai.l be deemed to have renained intact, in the sarme
manner as if thl.s endorsement had noc been issued.
fhis endorsemen c js made a part ot sa)d poTicy and is su-bj ect to tbe
Schedu]es, Condi cions ard Scipulations cherein, excepc as nodified by theprovLsions hereof .
Page 2 ot 2
Representing Chicago Title Insurance Company
o
tAND
4.
ilT,#Til:Hiliilp**{.*+r*****'t'r*****,r.'}'}*+*'t,'t**'r******lr..F+**!t!********;;Hl-
* *+!t* +**** * + * * ***** *!*!*'* * * * * *+ * *!*!t* ***** * *:**** ++ * * ** * *+ +'* * ***,*+ +** ** ****+ * **** * * +* +'l*'l **+'' +*:t
Statement Number: Roo0OO0325 Amount: $250.00 OL/02/2ooL04:28 PM
Palment Method: Check Init: JAR
Notation: 63 05
Permit No: PECO1OOO1 T14)e: PBC - ltinor Subdivision
Parcel No: 210l-L2313010
Sice Address: 4420 GLEN FALLS IrN VAIIr
Lrocation:Total Fees: $250.00
Thie Payment: $250.00 Total AIrL Pmts: 9250.00Bal-ance: $0 ,0o
*'l ** ** *'l*,** **** ***** *'*'* ** * * *'t* +'t*!t* **** ** ***,** *****+ + t* * * * * ** *** ****+ ***** *'*'** * * *** * 'tt ** **** *'*
ACCOIJNT ITEM LIST:
Account Code Descrjption Curnent Pmts
PV O()1()OOO31125OO PEC APPLiCATION FEES 250 .00
*tf t**'r't*.t*++******r+***ra**r*+*+*i**'t**t'**'lrf *++'r****+*****i+n*t*{rr.r*r}i****+,tltt*+,t{rtr*
TOWNOFVAIL, coLoRADO staremetrr't*'t*** ttt*l *tt*{t t * *'t * *'}** *t}*'t** * ** +* *'t'}** * +*d.t*** t**,t****'t ***,f **+ f *'* *** *{.,t*,r+ ++**,+ *i.trt* *,**f *,t*StatemenL Number: R0OOO00325 Alnoun!: g250.00 OL/oZ/ZO}LO4:28 ptlPayment lrtethod: Check rnit : JAR
Notation: 5305
Permit No:
Parcel l{o:
Site Addresg:
L'ocation:
This Palment:
P8C010001
210112 313 010
4420 CLEN FAIJLS
Type: PBC - Minor Subdlvieion
Il!| \/ETIJ
9250.00
Total Fees:
TOtA]- AIJIJ PMtS:
$250 .00
$250 .00
$0. o0
ACCOUNT ITEMLIST:
Account Code Descri pti on
PV 00100003112500 PEC APPLiCAIION FEES
Current Prts
250 .00
;oI
A|bert and Vicbria B€lslry
5205 E UnGr CT
Greemruood Village Co 80121
Assenmadrer, Gerhard-l,andry & Robyn
,1455 Glen falls Ln
Vail Co 81657
Allen, Stuart and erristine
2338 Holly c
Golden Co 8[X01
Busch, F, Lois & Jay R
96 Trla Comfixnications
4752 E Unks Ph^ry
uuetm co 80122
I
Clrristianson, Elbn tf ,
P.O. Bo( 3!|6
llesa Co 81643
I
Faiclcrey, Robert F
P.O. Bo( .186
Anglebn Tx Z/515
ET
Galbreatfrr lames H
14 vllhge Rd
Engilegrood Co 80110
!!
l.lolefti,
9g Rd€igh
Personal, llaynor Qualified
Trust, Unda M. l,layrEr Trusbe
300 Beny fb||ofl Rd
Crrley AL 357,t8
II
Segal, Joan-Berger and Ardrur
2 i*ritEden Ln
OwirEs Mills MD 21U7
Graubart DonaH ttl. & Anne p.
121 N. Fo6t Oak Ln 2101
rbutun Tx 2024
H,alhnDeclq, George
6 Pob Ctb Dr
DernEr Co 80209
I
Isalacon, Larc A & Gunilla
,t425 Glen Falls tn
Vail Cr 8165/
-4-I
Kedram, W' Kembb & Linda K
tlar€rsffi
Torda BiU$ VlBin lstan6
I
law, DonaH & Susan
5f,t6 E Plneral tn
UEeton Co 80122
LLG, Rad Four
228 8ridge St
Vail Co 8155/
l.ow€, SaltyA
3072 t{dsr Or
talclrood Co fl)215
Wayne &lahe
Glerwiew IL 6ffi25
Belleville, WalEr& Unda R. Trustees
,1440 Gl€n Falh tn
Vail Co 816t
BeuEl, Cara
ofnardrp & Carbcn
4635 SliV Feeway 750rhlsbn Tx z/027
Bot fohn P.
1901 Green Oaks Dr
LittJebn co 80121
GeYngross, Rainer
4367 $earnide Or
Vail Co 8165/
ttrkroln 10/31/00
L
E
SpiE, Robtul
288{t ICrd Dr.8ql&rOflBor
tr
,6f55F*rmrtB!d.
lrdr€Yldbr dlrul
lqJr^Irtfikniln
le-'
J.ef "rr;$5.90q[e
I
o
qoV;{,.<,
Co*n\q6l
ho". \^"lC\: 5br.'.gt.
$rr1r"or"l..S \2"
o
Ua h'il\" -aboue Sbi. tGorf
5harrrr3 A-rfg*F W^t\/ [sa,c- C*bJ a-,1. {f
5K\(u.\cs
--, rl P,t b'zuSe-
Co*\"tv:*\
$r,lrr fpr"w\\( g*
m'
5)^-€ \Dc-\o\r, wl(.,,*P
.',:
..'
!::...
I lr
Vu^I\S / ,tb o-r-- rl"tw^w,
I
I
'i''
. ., '.:,:
o
o
2880 Islild Dr,
Boddr Co 8$0r
46f55 Fairmotnt Bhd.
ltrdng Vdl€y Gl 44o22
9350 R vio? ttills DR
Argbvvmd Co 80f11
FO 8()( 1250
Vail Co 816,58
(ftllto,vn rolSuqJ
O,,. rrEM MAY AFFE.T "or* "*o"*r"PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmenlal Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
TownofVail onJanuary22,2OO1,at2:00P.M.intheTownofVail Municipal Building. In
consideration of:
A request for a variance from Title 14, Vail Town Code, to allow for 4' and 6' walls within the front
setback, located at 100 Vail Road/Lot 35, Block 7, Vail Village 1"' Filing.
Applicant: Bill DorePlanner: George Ruther
A request for a minor subdivision, to allow for the division of an unplatted tract of land into two
lots, and a request for a rezoning from Residential Cluster Zone Dislrict to Single'Family
Residential Zone District, located at 1552 Matterhom Circle/SW % of Seclion 12, Township 5
South, Range 81/ West of the 6th Principle Meridian.
Applicani: Dave HilbPlanner: Bill Gibson
A request for a final review of a proposed special development districi to allow for the
construction of a new conference facility/hotel; and a final review of conditional use permits to
allow for the construction of fractional fee units and Type lll employee housing units at 13 Vail
Road / Lots A, B, C, Block 2, Vail Village Filing 2.
Applicant:
Planner:
Doramar Hotels, represented by the Dayner Corporalion
Brenl Wilson
A request for a minor subdivision, to allow for interior conversions within Forest Glen Subdivision,
.- ./l located at 4301-4480 Glen Falls Lane/Lots 1-14, Forest Glen.T-.tTApplicant: Nancy Snyder
' Planner: Allison Ochs
The applicalions and information about the proposals are available for public inspection during regular
office hours in the project planne/s office, located at the Town of Vail Community Development
Department, 75 South Frontage Road. The public is invited to attend project orientation and the site
visits that precede the public hearing in the Town of Vail Communily Development Department.
Pfease call 479-2138 for information.
Sign language interpretation available upon request with 24-hour notification. Please call 479
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published January 5, 2001 in the Vail Trail.
, r L[",1"lr'lo'
,'\n\;.t'tJl''
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development
Applicant:
Planner:
Ft- ,t"/^ '1 '4"u
qrt;-r^ - s,h,7fr
April 12, 1993
A request for a minor amendment to SDD No. 27 to relocate the private
pedestrian easement ("pool path') between Lots 5 and 6, Forest Glen
Subdivision.
RAD Five Limited Liability Company
Tim Devlin
I. DESCRIPTION OF THE REQUEST
The applicant is requesting a minor amendment to SDD No. 27 in order to relocate the private
pedestrian easemenl ("pool path") between Lots 5 and 6 of the Forest Glen SuMivision. The
10 foot wide easement was originally platted parallel to the north property line of Lot 6; the
applicant has requested to shift the western portion of the easement approximately 20 feet to
the north of its platted position. Please see the attached Exhibits A and B.
II. AMENDMENT PROCEDURES
Section 18.40.100 (Amendment Procedures) ot the Municipal Code stipulates the following for
minor amendments to Special Development Districts:
"Minor amendments: Minor modifications consistent with the design criteria
outlined in Section 18.40.0208 (attached) may be approved by the department
of Community Development, All minor modifications shall be indicated on a
completely revised development plan. Approved changes shall be noted,
signed, dated and filed by the department of community development."
In addition, the Municipal Code also stipulates that the Community Development staff shall
inform the PEC of the staff action on the request for a minor SDD amendment.
III. STAFF ACTION
of
18.40.
the private pedeslrian easement to the
applicant's proposed location. The architect for the owner ol Lot 5 has provided the staff with
a site plan that indicates how the relocated easement will function with regard to the driveway
and landscape plan lor Lot 5. This site/landscape plan will be shown to the PEC at the April
12, 1993 PEC Meeting.
and has approved the request lo r
.l
.:' ' ' '-'l -
ZONING
unit owncts if authorized io conformity with all peniocnt
reguircments of the condomiaiurn rs"ociation's dcclara-
tions and all othcr rcquircmclts of thc condominium
.--rd eclarations arc met.
/ S. l'Niinor amendmcnt (Staff rcview)' shdl mean modifi-'
\ -./cations to building plans, sita or landscapc plans that do
- not attcr thc basic intcnt and cbaracter of thc approvcd
special dcveloPmcnt district, and are consistcnt with tbe
dcsign critcria of this chaptcr. Minor amendmcuts may
inctude, but not bc limited to, variations of not morc
than fivc fect to approved sclbacks and/or buildiog
footprints; changcs to landscapc or sitc plans that do not
advcisely impact' pcdestrian or vchicular circulation
throughout the speiial devctoproent district; or changcs'
to grJss floor area (cxcluding residcntial uscs), of not '
moie tban five pcrcent of thc approvcd square footagc of
retail, officc, Common areas aod othcr nonrcsidential
floor arca.
approved s devclopmcnt district than minor
amendments as d
D.
E.
"UnCcrlying zonc diltr "sh rbc zone district
existing on thc proPenY,tbc property at
approvcd,
within a special
tbe time thc spccial dcvclo
"Affccred propertY" sh' dcvelopment di its proximity or
rclationship to rcquesl lo ittl
approvcd d by rc-r othcrdcsign, d f tbcbns changing thc impacts,
(Ord.
app{gdd spccid devclopmcnt district.
(re88) $ l.)
ln
or
\{ajor amcndment (PEC andi or council- rcvicw)";}6ll
*}( any proposal to cbangc uscs; increas;y'3ross
rcsidcili{floor arca; chan8e.thc numbcr _of
or
on unirs; modify cnlargc oy'cxpnd any
lroscd on
irroposcd amcnd
bpment plan, may
iocrease, cbalge u5es,
(Vril 12.?9.E9)
382-10
lnT 4
-t-x-t--Lg,0?7.4 squqre 'feet
0.414 o.cres
i'b/ @
1 e:- -<t.S-w
\\
S- t Btzs'zs' E
B \t-=zs'tz'
{ ftrtrrt+t-
$l r
A,)
t/r.\
,lt
l*8\
/amTrotv
filvdrr
Elsan€,uf
&r
t'tPsratq^/
' '-:i'-::i,'rF i- :t !::4:::
.LOT4
18,0a7.+ squore fret
0.414 acrcs
"a.\*{a'za} --
\\.
S"r--.
. -'a
t5,zrz,{'sqri;ri.i
O45{.,ocrrs
2t76e',
7 .l-nt t\lI I ru \
. "
" 1';0F VRIL c0l',1-DEV .. I.q,i.1!p-47'-l-2.15.
revLsed j,0/S/92
(please
A.
I sOD tltt:"Th1sprocedure1srequiredforanyproject,that*ffi---through ghe Speciaf rieveioprniit,-b'i.r"rct procedure.
I3""iBfitl!3:1"' wilr not be accepred unrir alr tnrormarion
DATE APPI,ICATION RDCEIVED
rpprrcAlrron FoRM FoR spucr.h,r., DEvEL99MENT (-d#b- fi .' .ttDtrsrRrcr DEVELopMENT pralr -) Z-_:,^; - .-y'ag,rro,*f rls ra
prlnt, or type)7
APPI,ICANT
tltlR 19 '93
l'{[tr Lt . , itti''
I.
c.
B.
PROPER?Y OWNER (S) .d aI
oHNER (S)
MAILING
srcNATuRE (S)
ADDRESS
-PHONELOCATION OF PROPOSAL:SfREET ADDRESS,
Lot_t3LocK--suBD rvr s roN
E' ) ''AI'{PED, ADDRB''ED ENvELopES .F,THE NAl.{Es oF owNERs oi:€ ALL PROPERTY_.ADITACErq' iO-THE
'UI]JECT PITOPEI.TYLrst or THEiR r,ravns- ann-r,aiiruc ADDRBssEs I .2.F. A TITLE R.EPORT TC VBRIFY OWNERSTIIP AND EASEME-',,ffSZvrr^!r,r\rrrrt_ ANU g/lutjME*r",
bl,II. :lffirJl:acopies of rhe fotrowins informarion .musc, be
a-.---\!> Detailed written./graphic description of proposali
B. An envlronment.ar.impact report shart be submltted toLhe zoninq administ;;i;r-i;. accordance wi[n"cnapter
i3;i3"i:leor unrcss-'ii"ui' uv s""iili'-rol!'e'. olo; exr,,"'1:
c' An open space and recreationar plan sufficienc Eo me.lthe demands ggr]erated by the deveropnent wibhout uncrr:rburden on aviirabr.-Jr-i"op;s;; ;;;ij'I.,i"Iiiitiu",D' Existing contours having contour i-nLervars of not morcthan five feet tf rfre uiniJge slope of the sile is:::l!I pelcent. or Iess, or wir.h contour intervals ofnot more rii<ro t€Fr feet lf trre avJiaga-"rop!=or lhe siteis greater tnan twenii i*r""n..
E. A proposed "1!g plan, at a scale not smaller than oneinch equals fifty feet, -silowi,na tho .-rnnr^a,,t?y1:,F^
FfP iivE lll{!.F? LiA::Lir Y cc'lrpAi,ry
By Bonaid H. Fiicy, r,;onlijr
./ti/l-:r ,,,i ',
3
TO!JN t]F VRIL COI'4-DEV ID;3Cl-479-2412 MFR 19'93 11:23 N0.i.r ll F
1l
ti
n(!ll'
-a
)(
il
F A preliminary landscape -plan, at a scale not snaller
than one incn eqrats tigtv fbet, .showing exis9lng
rinl"iip" feauuies to be ietained- or ramoved' and
;h;;ilt- proposed ianos-ap:'ns and. tandscaped 9+te .
a""iilop.Lnu' feauuies, sutn is outdoor recreatlonal
;;;IliLi;s, uicvcre-paths, trairs, pedestrian-grazas
inO-*afk"uys, wtrtcr faatrrrein and ot'her olementgl
Preliminary building elevations., sectlong' and floor
;i;;;;-ta I scare-n6t lrnaLrer than one-e+shth-equals
;;;";;";; r"-i"iiicrent dotair.to deternine floor ar:ea'
siI"l-iiiioentrai-irooi utta, lnterior clrculatlon'
locaLions of uses withln buildlngs, -and the ggngraI
scale and appearance of Lhe Proposed developmenE '
III. TIME REQUIRNMENTS
NOTE:
IV. FEES
A. The Pl-anning and Environmental Cornnission meets on the
2nd and qtfr'uonOays of each rnonth' An apptication wiLh
the neces"ary-i.c'o*panying naterial must be submit'.t'-':i,l
four weelc" pifot to'th;) date ot the nreouing'
B. The developer nust begin iniLial consLrucgion of the
speciar au""lopment dlstrict within three years fr'rrn
the Lime or iti f inal approval, and continue dil j l::rf !'1'
toward t,ne comprelion ot'the project' rf t'he speci l']
deveropment,
-di'strtct is t'o Ue'deieloped. ln phases' tlte
developer muii Uegin construction of subsequent ph\srs
ricf,in'one year oi trtu completion of the prevlous
Phase.
It is recomrnended Llrat before a Special
D;";r"a;;;t nisttt"u appricaLion is submit'ted' a
pi.:ipi:ii-ation meeuing- should be sec up with a
inemUejr- of Lhe Department of Conmunlty Devel'::;" '':
Appllcation Fees are as folJows:
Establishment of SDD :
MaJor Amendments:
Minor funendments:
$1r500.0i
$1,000.00
I 200.00
Check ##Application fee Pard: $Date
A.v.
B.
If this applicatlon requires a separate review hl' ''r'"
focuf , Stite or Fecleral agency-other than the TorL;' :
t;ii;'the applicalion fee sharl be lncreasad by
$200'.00. n-xbmples of such reviewr nay includer -b'tt arc
not timiUud to: Coforado DePartment of Highway 'l\r'"";:iPermlts, Army Corps of Enginecrs 404, etc'
The applicant shalI bc responsible for Pqyinq '<l1'ipuufi!-iring fees which are in excess of 50t of t.l:':
ippricaul6n f ee , rf , at tlle. appllcant's requesi / an\l
*itter is postponed for hearing, causing the matLer t'o
Ue re-puUrisheii, tl)en, the entire fee for 6uch re-
publlcltion shall be pald by uhe appllcant.
Applications deomed by the Communlty Developnent'c.
ll 'r-,l'i T0['JN 0F' ': .r'r'"l' r' .' ::
. VA,IL COM-DEU ID r303-479-2452
conauLtant, yrtrich have not, been pa the coneult,ant
MRR 19'93 11224 fl6.Qll F.ttl
tj,
/nonsy necescary to pay hlm or her and thla anount shallbe f,orwarded to the Town by t,he apptlcant at the tlnehe f,J.Iee hls appllcat,ion wlt,b the- communlty Dcvelopmenr,Departnent, Upon complEtion of, tbe revior-of the -
qppltcaEton by thg coneultant, any of, the fundsforwarded by t-he appllcant for palment o! theconeuLLant, yrtrich have not, been bal.a go the coehall be ret,urned to the appllcant. Expenscg lncurredby the Towri in erscess of the anoun! lorirarded bv thcap.pltcant ehall be pald to the Town by the. appllcantwlthln 30 days of notlfication by the Town. --
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I \
FILI
b
CPPU 'fut*t.TOI{N OFVAIL
75 South Frontage Road
Vail, Colorado 81657
303 -479-2 I s I / 479 -2 I 39
FAX 303-479-2452
D e part n e tt of Conntuniry D eve lo pment
May24, 1993
Kevin P. McDonald, Senior Vice President
First Bank of Vail
17 Vail Road
Vail, CO 81657
RE: Forest Glen Subdivision
Dear Mr. McDonald:
At the request of Ron Riley, developer of the Forest Glen Subdivision, I am writing to you to
certity the completion of specific improvements within this subdivision and to authorize the
release of certain funds, as outlined in the Developer lmprovement Agreement with the Town
of Vail. The original lrrevocable Letter of Credit was for the amount of $194,219.50, on the
account of Timberfalls Associates. On April 22, 1993, the Town authorized the release of
$118,668.50, thereby maintaining a balance of $75,551.00.
At this time, the Town can release an additional portion of the letter of credit in the amount of
$55,701 .00. The remaining work still needed to be accomplished and the corresponding cost
associated with it is as follows:
.Ditch Work
.Shoulder Gravel
.Concrete Pans
.Utility Adjustments
.Final Lift of Asphalt
.Landscaping
TOTAL:
$1,000
$2,100
$1 ,1 50
$2,000
$10,600
$3.000
-=::\ryF9')
lf you should have any queslions or comments regarding any of the above figures, please do
not hesitate to contact me at 479-2'138.
Sincerely,
Mike Mollica
Assistant Director of Planning
Ron Biley
Greg Hall
lqt fu,{/":W /tfre- ,/ ""J^1 JL*-( 'b nYa
Gyil.etrWa -&
ry z"r',1 ; & | -*+ Tov a;q/
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Flt t tnPy
TOWN OFVAIL
75 South Frontage Road
Vail, Colorado 81657
303 -479-2 I 3 8 / 479-2 I 39
FAX 303-479-2452
April22, 1993
D e parnn ent of C omntuniry D eve lopme nt
Kevin P. McDonald, Senior Vice President
First Bank of Vail
17 Vail Road
Vail, CO 81657
RE: Forest Glen Subdivision
Dear Mr. McDonald:
At the request of Ron Riley, developer of the Forest Glen Subdivision, I am writing to you to
certify the completion of certain improvemenls within this subdivision and to authorize the
release of certain funds, as outlined in the Developer lmprovement Agreement with the Town
of Vail. The existing lrrevocable Letter of Credit is for the amount of $194,219.50, on the
account of Timberfalls Associates.
At this time, the Town can release a portion of the letter of credit in the amount of
$118,668.50. The remaining work still needed to be accomplished and lhe corresponding cost
associated with it is as follows:
.Ditch Work
.Shoulder Gravel
.Concrele Plans
.Utility Adjustments
.Final Lift of Asphalt
.Landscaping
.Public Service
.Holy Cross Electric
.Telephone
.Cable Vision
TOTAL:
$1,000
$2,100
$1 ,1 50
$2,000
$10,600
$17,380
$9,321
$18,000
$7,000
$7.000
$75,s51
\
Page Two
April22, 1993
McDonald
lf you should have any questions or comments regarding any of the above figures, please do
not hesitate to contact me at 479-2138.
Sincerely,
lJe ha_
Mike Mollica
Assistant Director of Planning
xc: Ron Riley
Greg Hall
I
61 JUI- 2 ? €92t-TBAI{(
OF VAIL 17 VA|L ROAD VA|L. COLORADO 81657 303-476-5686
TRREVOCABIJ I.BTTER OF CREDIT
DATE: July 14, 1992
AI.IoIJNT: $194, 219 . 50
NUI,IBER: 874-II23
EKPIRATI0N: Julv 14. 1993
The Town of Vail
75 So. Frontage Rd. WestVail, CO 81657
Gentlemen:
We hereby open our lrrevocable Letter of Credit in your favor available by
your drafts drawn on the FirstBank of Vail , 17 Vall Road, Vail, Golorado
8L657, at sight for any sum not exceeding the total of ONE-HIJNDRED-NINETY-
FOIIR-THOUSAND-TWO-HIJNDRED-NINETEEN AND 50/100 DOLLARS on the account of TIMBER
FALLS ASSOCIATES.
Each draft must bear upon lls face che clause, "Drawn Under Letter of Credit
No. 874-1123, dated July 1-4, L992, of FirstBank of Vail, Vail, Colorado.r' Thedraft should be signed by Ehe Town Manager.
Ihe amount of each draft, which is negotiated pursuant to this credit,
together with the date of negotiation, must be endorsed on the rewerse side ofthis Letter of Credit.
We hereby agree that drafts drawn under thls Letter of Credit, and ln
compliance with the terms, shall be pronpcly honored if presented to FirstBankof Vail on or before July L4, 1993 ,
S inc ere ly ,
frzn 1-ttwlL^,"L
Kevin P. McDonald
Senlor Vice President
KPM: sjw
SUBDIVISION I},IPROVEMENTS AGREEMENT
.Tllrs AGREEMENT, made and entered into this l<//L day of
L992t by and between Tirnberfalls Associates, a
c;iFa$-General Plrtnership, hereinafter ref erred to asItSubdi\iider,rrand the Town of VaiI, a Colorado Municipality, by and
through its Council, hereinafter referred to as rrthe Town.rl
WITNESSETH:
WHEREAS, Subdivider, in connection with the approval of the
final plat for Forest G1en, VaiI, Eagle County, Colorado (theItsubdivisiontt), desires to enter into a Subdivision Improvements
Agreenent with the Town as provided for by Section L'7.L6-25O of
the Municipal Code of the Town of VaiI, Colorado, as amended; and
WHEREAS, pursuant to said Code, the Town desires to make
reasonable provision for completion of certain pubtic irnprovements
(rtlmprovementstr) set forth in Exhibit nAr attached hereto and by
reference incorporated herein; and
WHEREAS, Subdivider has agreed to be responsible for the
performance and completion of the Improvements.
NOW THEREFORE, in consideration of the following mutual
cowenants, conditions, and promises, the parties hereby agfree asfollows:
1. Subdivider agrees to furnish all equipnent and material
necessary to perform and complete, in a good and workmanlike
manner, all Improvements and work incidentaL thereto as set forth
in Exhibit I'Arr. Subdivider further agrees that it will be
responsible for aLf costs related to said work. AII said work
shal1 be performed substantially in accordance with the
construction specifications and drawings as approved by the Town.
All work shall be done under the inspection procedures and
standards established by the Town, shall be to the reasonablesatisfaction of the Town and shall not be deemed complete until
approved and accepted by the Town Council or said Councilrs
appointed designee.
2. The Town agrees to approval of the Subdivision subject tothe terms and conditions of this Agreenent.
3. The dedicated right-of-way or roadway as shown on thefinal plat will be constructed and rnaintained by Subdivider as aprivate access and may be closed to the general public, by gates
and other appropriate barriers and signs, until a roadway, orportion thereof, has been accepted by the Town for maintenance and
public access.
4. Subdivider shall at all times prior to acceptance of the
roadway by the Town give good and adequate warning to tlre travelingpublic of each and every dangerous condition existent in said roadslnd shall protect the traveling public fron such defective or
dangerous conditions. Until the coropletion of all the Improvements
herein agreed to be constructed, roads not accepted as iuprovedshall be under the charge of subdivider for the purpose of this
Agreenent; and Subdivider may close all or a portion of any street
oi road within the Subdivision whenever it is necessary to protect
the traveling public during the construction or installation of the
Improvements herein agreed to be madle.
5. upon completion of portions of the Improvements,
Subdivider witl cause its engineers (who shall be registered in the
State of Colorado) to certify in writing that the installation of
the Improvements, as portions thereof may be completed from time
to tine, have been completed in conformance with all standards'
drawings and specifications as subnitted to and previously approved
by the Tolrn. inspection reports, test results and other supporting
documentation shall be submitted with the certification. Tlre Tolvn
may provide periodic inspections as it deems necessary to aEsure
conformance with approved plans and specifications.
6. Subdivider agrees to conplete construction of all
improvenents within tlrree years of the date of the Town of VaiI
Planning and Environmental Conmission approval of the Final Plat
as provided in Section L7.I6.330 of the Municipal Code of the Townof VaiL, Colorado. In addition, subdivider shall provide the Torrnfinished plans of all public improvenents as required in Section
L7.L6.29o of the Municipal Code of the Town of Vail, Colorado.
7. Subdivider agrees that in the event it shall fail toperforn its obligations as set forth herein, the Town shall beunder no obligation to complete or perform any of the said
inprovements or to issue permits for development within the
Subdivision.
8. The Town shall not, nor shall any officer, agent, or
employee thereof, be l-iable or responsible for any accident, lossor clamage related to the work specified ln this Agreenent ' rrotshall the Town, nor any officer, agent, or employee thereof, beliable for any persons or property injured by reason of the natureof said sork. All of said tiabiLities are hereby assumed bySubdivider, unless the liabilities directly result fron the
negligent or intentional actions of the Town' its officers, agentsor employees. subdivider hereby agrees to indennify and hold
lrarmless the Town. and any of its officers, agents, and employees
against any losses, claids, danages or liabilities to which the
2
Toqrn or any of its officers, agents, or employees nay becomesubject to, because of any losses, claims, danages or liabilities(or actions in respect thereof) that arise out of, or are basedupon, any obligation of Subdivider as hereinbefore stated.Furthermore, Subdivider shall reimburse the Town for any and alllegal or other expenses reasonably incurred by the Town in
connection with investigating or defending any such loss or clairn.
9. Subdivider shall provide the Town with a letter of creditissued by FirstBank of Vail, N.A. in an amount equal to lOOt of the
estimated costs of cornpletion of all lrnprovements. The estinatedcosts of completion of all Improvements is attached hereto asExhibit B. Said letter of credit shall be delivered prior to, orconcurrently with, recording of the final plat. The Town shallprovide Subdivider with partial releases of such Letter of credit
upon the completion of portions of the inprovements and upon thewritten approval of the Tovtn (or its designee); provided, however,that in no event, will any such progress palment cause theremaining sums held in such escrow account to be lesE than an
amount equal to 1oo* of the estinated cost of conpletion of all
remaining Improvements. Upon default by Subdivider, the Tovn shallhave the unconditional right to withdraw funds to partially orfully complete and/or pay for any improvenents or pay any
outstanding bills for work done thereon by any party.
10. Subdivider alJrees to warranty all improvements describedhereunder for a period of one year after acceptance by Tohtn.
11. This Agreement nay be amended from time to time, providedthat such amendnent be in writing and signed by all parties hereto.
L2. In the event of a lawsuit arising out of the terms ofthis Agreenent, the prevailing party shall be entitled to courtcosts and reasonable attorneyrs fees.
13. This Agreement and the obligations hereof shall be deenedto be covenants running with the land and shall be binding on thesuccessors and assigns of the parties hereto.
The Partieswritten.lrave executed this Agreernent as of the date above
TOWN OF VArL, A COLORADO
I,II'NICIPAL CORPOR,ATION
ATTEST:
AJ"*A* I. Ptt r^,,
'r'"rrt (;rerK
BY:
STATE OF COLORADO)
)ss
cottNTY oF EAGLE )
The foregoing instrument was acknowledged befole ne tnis 4.J.ay of - Jafv- , Lgg2, by @, as
Mayor, and Morlhq S. Rzq*q , as Toltn Clerk, of the Town of Vai1.
wITNEss n:y hand and official seal:
l,!y Connislion Expires'. W
Hw'1t-+q har.,Ar,u"n-Nota*y Public/
STATE OF COLORADO)
)ss
COUNTY OF EAGLE )
The foregoing t !,ras acknowledge
I t992t by
AS alls Associated,neral
P ip.
WfTNESS my hand and offig
My Coronission Expires:
TIMBERFALLS ASSOCTATES, A
COI-,OBADO GE ERAL PARTNERSHIP
ef
.,ragsubfor
o
EXHIBIT B
FOREST GLErr*
to be guar.atrteed bY Lett r of Credit )Town of Vail (tork
BidB ( see letter
I:rtarmt:n,
Landscapi nEPubllc service
Holy Croso
Tel ephoneCable T.V.
::=:=;:::=:=====:=E=6GEE!EEBEISFtFSEE
1.94 | 219.50
fron
Eng. )135,5',8.50
1?,380 ,00
I,321 .00
18 , 000,00
? ,000.00
? ,000.00
Tll E [-.\\Y C-'\l:l:lCl:S !-\ l:
\Zear. Rosen I Tavers
A P,\R'r-NERSUTp !11: P R !\ l: r: s s r !\,\.- ,\ r- CaRpliR\.rl!i.\-stO00 S.-L"r'rI FRasl'Alil: Il!.,\l) WEST, St'l f L 2tl0
\'_\ r l-, C.-1,-'N.\ r),-\ 81657
T r: r- E P rr.'\: r: (303) -176- 7616
l:^cs rIr H-E (303) -176-71 l.\
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James R. \(ear
Richu.d P Rosert
lllcnaro lJ. lravefs
August 10, L992
Mr. Roger BehlerFirstBank of VaiI
17 Vail Rd.Vail, co eL657
RE: Forest Glen Subdivision
Dear Mr. Behler:
Enclosed is an original and one copy of the Declaration
for the above-referenced subdivision. Please execute the
original Joinder of Lender which is attached to this
Declaration. Once executed, please deliver the original
Declaration and Joinder of Lender to Land Title Guarantee co.
The copies are for your files.
If you should have any questions' please do not hesitateto contact this office.
/skg
/Firstbva. I
Very truly yours,
T^*rla ::
ItR.rFEssr!.s,\r- C!rRpliN,\Tro\s: \{'t,\r e TN,\\'r:Ns, It.C. ,\\t) Rtatt,\ND l', NaiE\, lt L_.
^t
DECLARATION OF COVENANTS, CONDITTONS,
RESTRICTIONS AI.ID EASEMENTS
OF
FOREST GLEN
THIS DECI,ARATION OF
, L992, by Timberfalls Associates, a Coloradopartnership (the ttDeclaranttt)
RECITALS
A. Declarant is owner of that certain real propertyin Eagle county, Colorado, more particularly described
attached Exhibit A (the rrPropertyrr).
locatedon the
covENANTS, CONDTTTONS, RESTRTCTTONS $ID(the rrDeclarationrr) is rnade as of /0r'u
B. Declarant l,Iishes to provide for separate ownership of thelots located on the Property and to place certain covenants,conditions, restrictions and easements on the Property.
Declarant does hereby publish and declare that the following
covenants, conditions, restrictions and easements which are for
the purpose of protecting the value and desirability of !h"Property shall be deemed to run with the land described herein,shall be a burden and a benefit to Declarant, its successors andassigns, and any person acquiring or owning any right, title orinterest in aII or any part of the Property and improvements builtthereon, their grantees, personal representatives, heirs,
successors and assigns.
ARTICLE I
DIVISION OF REAL PROPERTY
1.1. Division of Pronertv. The Property has been platted
into fourteen (14) Iots (collectively, the 'rlotsrr and individually'a rrl,otrr), such lots being shown on the subd.ivision plat depictingthe Property as recorded in the records of the Clerk and Recorderof Eagle county, Colorado (the rrPlatrr) .
L.2. Exception frorn General Provisions of CIoA. Pursuant to
Section 38-33.3-116 of the Colorado Revised Statutes, it is hereby
declared that the annuaL average conmon expense liability of eachLot, exclusive of optional user fees and any insurance premiumspaid by an association, if dtry, nay not exceed three hundred
dotlars (9300.00). Accordingly, the property is not subject to thegeneral provisions of the Colorado common Interest ownership Act.
ARTICLE II
COVENANTS, CONDITIONS AND RESTRICTIONS
2.L. Further Subdivision. No Lot shall be partitioned or
further subdiviaed; provided that this provision sha11 not be
construed to (i) linit the right to rent or lease an entire Lot as
allowed in section 2.2 hereof; or (ii) prohibit the ownership of
a Lot by more than one person or entity as tenants-in-common, or
joint tenants.
2.2. Residential Use. A Lot may be used for residential
purposes onry and may be rented for such residential purposes for
iny- length bf tine provided that each rental shall be made
"xlfi"itiy subject to the terms and condj-tions of this Declaration.
No Lot or any portion thereof shall be used in any way for any
business, commercial, manufacturing, mercantile, storing, vending
or other non-residential purposesi ProY-@, however, that'
professional and administrative occupations which generally do not
have customers or visitors shall not be precluded so long as there
is no external evidence of such occupations and such occuPations
conform with all applicable ordinances and are merely incidental
to the use of the Lot for residential purposes; and further,
p-t-cLjlled, that, all vehicle parking associated with such
occupations takes place entirely on the applicable Lot.
2.3. Ordinance Restrictions. AII Lots and the uses thereof
shall at all times comply with the then applicable ordinances of
the 'fown of Vail, including, without lirnitation, the square footage
allowances, setbacks, height restrictions, site coverage
restrictions, parking requirernents and other allowances,
requirements and restrictions set forth in Ordinance No. 36, Series
of 1991.
2.4. Livestock. No animals may be kept, rnaintained, or bred
on any Lot or in any dwelling houses or structure erected thereon'
excep-t that a small nurnber of doqs, cats, or similar domestic
household pets may be kept on a Lot provided they are not kept,
bred or naintained for any commercial purpose and provided further
that they are kept in such a manner as to avoid becoming a nuisance
to other residents on the Property.
2.5. Nuisance. No nuisance shall be maintainedr allowed or
perrnitted on any part of the Property, and no use thereof shall be
rnade or permltted which nay be noxious or detrinental to health.
No garbage, trash, leaves or other waste shall be burned uPon.any
tot. No lights shall be pernitted which are unreasonably bright
or cause unreasonable glare. AII possible steps, consistent with
the terms of this Declaration, shall be taken to rninimize fire
hazards. Notwithstanding the foregoing, decorative holiday
lighting shall be pernitted. No open or exterior fires shall be
permitted except for barbecue fires contained within receptaclesdesigned for such use. No satellite dishes or exterior antennaeshall be allowed except as permitted by the Town of Vail ordinances
and regulations.
2.6. Maintenance of Lot. Each Lot and the structures thereonshall be kept in good order and repair and free of debris, rubbish,trash and all automobiles other than those in running condition andcurrently licensed. No boats, trailers or recreational vehiclesshall be regularJ-y parked or stored on any street, or on any Lotexcept in a garage. No commercial vehicles shatL be parked on anystreet or Lot longer than is reasonably necessary for tbe driverthereof to perforrn the business functions to which the comrnercialvehicle relates.
2.7. Signs. No advertising or display signs of any charactershall be placed or maintained on any part of any Lot.
2.9. Strean and Ditch Restriction. The owners of the Lotsupon r"rhich the stream and overflow ditches to core Creek arelocated shall not disturb, and shall not allow other persons todisturb, in any manner, (i) the existing configuration of suchstrearn and ditches, by danning or realigning or other action, or(ii) the vegetation and wildLife in the areas bordering such streamand ditches.
ARTICLE III
DESTGN AND CONSTRUCTION GUIDELINES
3.1. Compliance With Desiqn Guidelines.
A. In order to create an architectural quali-ty which isharmonious wj.th the character of the area in which the Property islocated and in order to preserve, enhance and protect the value,desirability and attractiveness of the Lots, no buiJ-ding, fence,privacy enclosure wall, retaining wall or other improvement orstructure of any kind shall be constructed, erected or maintainedon any Lot, nor shall any addition to or alteration or change ofany existing 5.mprovement or structure be made which is not instrict compliance with the Municipal Code of the.Town of VaiI andthe architectural design guidetines for Forest Glen (the trDesign
Guidelinesr') attached hereto as Exhibit B and incorporated hereinby this reference.
B. Within five days after submission to the Town of Vailof plans and specifications for construction of, or addition to oralteration or change of, any improvement of other structure on anyLot, noti-ce of such submission shall be sent to all owners of Lotsby certified rnail to the respective addresses of such owners as
listed on the Eagle County real property tax roIls.
c. Each owner of a Lot shall have the right to enforcethe covenants and requirements set forth in this Article.
3.2. No We1ls. Septic svstens. No water welIs, cesspools orseptic tanks shall be perrnitted on any Lot.
3.3. Temporarv Structures. No temporary structure, such asa trailer, mobile home or tent shall be permitted on any Lot,
except as may be deterrnined to be necessary during construction andspecifically authorized by the Town of Vail in writing and in
accordance with the regulations of the appropriate governmentalentities.
3.4. Continuity of Construction. All construction comrnencedon a Lot shall be diligently pursued to completion and shall be
completed within twelve months of comnencement unless exception isgranted in writing by the Town of Vail.
3.5. Storaqe of Materials and Equi-pment.During anyconstruction on a Lot, construction materials and equipnent may bestored only on the applicable Lot. such naterials and equipnentshall be neatly stacked, properly covered and secured and are theresponsibility of the owner of such Lot and the contractor. Ownersof Lots and contractors sha]l not disturb, damage, trespass orstore materials or equipment on other Lots.
3 .5.Debris and Trash Renoval.Owners of Lots andcontractors sha1l clean up all trash debris on the constructionsite at the end of each day. Trash and debris shall be removedfrom the site at least once a week to the closest solid wastedisposal site approved by Eagle County. owners of Lots andcontractors are prohibited from dunping, burying or burning trash
anlmhere on the Property.
3.7. Sanitarv Facilities. Each owner of a Lot and eachcontractor shall be responsible for providing adequate sanitaryfacilities for construction workers.
3.8. Restoration or Repair of Other Propertv Damaqed.
Damage or scarring to other Lots and improvernents thereon,driveways or other improvements is not perrnitted. If any such
damag'e occurs, it will be repaired promptly at the expense of theperson causing the sarne.
3 .9.Completion of Construction.Upon conpletion ofconstruction of any inprovements on a Lrot, the building site shaltbe cleaned up. The cutting of trees for the construction of
improvements shall be kept to a minimum so as to maintain the
natural environment of the Property to the greatest extentpossible; provided, bwevg,Er that, clearings of reasonable sizeshall be permitted for yards and gardens.
3.10. Utititv Lines. All telephone, television, water,sewer, 9ds, and other utility lines to be extended into theProperty, and all extensions of the existing el-ectric line into theProperty shall be placed underground.
ARTICLE IV
EASEMENTS
4.1. Path Easement. Lot 6 is hereby subject to, andDeclarant does hereby create and establish a permanent, perpetual
and nonexclusive easement for the benefit of all of the Lots, in,on, over, under, across and through that certain strip of land (therrPool Pathrr) on which a foot path is located. which strip of landis rnore particularly shown on the Plat and on Exhibit c attachedhereto and incorporated herein by this reference and labeled asrrPrivate Pedestrian Access Easementrr, for ingress and egress by the
o$rners of the Lots and their tenants and invitees and the inviteesof such tenants between the Lots and the swimming pool, tenniscourts and other facilities located on the real property adjacentto the Property to the east, which real property is expected to be
burdened by an easement for the benefit of the Lots pursuant to the
terrns of a certain document creating such easement which Declarantintends to record subsequent to the recordation of thisDeclaration.
4.2. Easement Oblicrations. The owners of the Lots shall be
Jointly responsible for rnaintaining and keeping the Pool Path andthe inprovements and landscaping located thereon in good conditj-onand repair and aII decisions relating to the Pool Path and theobligations of the owners of the Lots with respect thereto shallbe made by a vote of owners owning a najority of the Lots. Allcosts and expenses relating to the Pool Path, including, withoutlinitation, costs and expenses of naintenance, repair and
replacement of improvernents and landscaping thereon and any capital
expenditures related thereto approved by the owners of the Lots asprovided above shall be divided egually among such owners.
In addition, a portion of the Property is being dedicated tothe Town of Vail as a road right-of-way for Glen FaIIs Lane asdepicted on the Plat. Certain landscaping is currentty plannedwithin the Glen Falls Lane right-of-way adjacent to Lot 1 and LotL2, and within the existing Nugget Lane right-of-way adjacent toLot 1. The Town of Vail has granted, or wj-ll grant, to Declarantfor the benefit of the Lots, a license, revocable by the Town ofVail, perrnitting installation, maintenance, repair and inprovement
of all landscaping r+ithin the Nugget Lane right-of-way adjacent to
Lot 1 and within the Glen FaIIs Lane right-of-way adjacent to Lot
1 and Lot 12. The owners of the Lots shall be jointly responsiblefor maintaining and keeping such landscaping in good condition andall decisions relating to such landscaping and the obligations ofthe owners with respect thereto shall be made by a vote of the
ohtners owning a rnajority of the Lots. A11 costs and expensesrelating to such landscaping, including without linitation, capital
expenditures approved by the owners shall be divided equally amongthe owners. Notwithstanding any provision of this Subsection 4.2,
any expense or liability caused by the negligence or willful actof any owner of a Lot or his tenants or invitees or the inviteesof such tenants shall be borne solely by such owner I tenant or
invitee.
4.3. Drivewav Easement. Lots 10, 11, 12 and 13 are herebysubject to, and Declarant does hereby create and establish apermanent, perpetual and nonexclusive easement for the benefit of
Lots 1o, 7L, 12 and 13, in, oD, over, under, across and throughthat certain strip of land (the rrCommon Driveway Easementlr)depicted on the Plat and on Exhibit D attached hereto andincorporated herein by this reference and Iabeted as rrPrivate
Access Easementrr. The common Driveway Easement shall be for
driveway purposes, vehicular and pedestrian access and ingress and
egress to and from Lots 10, LL, 12 and 13 for the use and benefitof the owners of Lots IA, LI , 72, and L3 and their respectivetenants and invitees and the invitees of such tenants. The ownersof Lots LO, 11, L2 and l-3 shall be jointly responsi-ble forrnaintaining and keeping the common Driveway Easement and the
improvernents and any landscaping thereon in good condition and
repair and a1I decisions relating to the Comrnon Driveway Easement
and the obligations of the owners of Lots 10, 11, 12 and 13 withrespect thereto shall be made by a vote of three (3) of the four(4) owners of Lots 10, 11, 12 and 13 (one vote per Lot). A11 costs
and expenses relating to the Common Driveway Easement, including,without limitation, costs and expenses of snow renoval,maintenance, repair and replacernent of improvements and any
landscaping thereon and any capital expenditures related thereto
approved by the owners of Lots 10, 11, 12 and 13 as provided above
sha1l be divided equally among such owners, except that any expenseor liability caused by the negligenee or willful act of any ownerof any Lot or his tenants or invitees or the invitees of sucfrtenants shall be borne solely by such owner, tenant or invitee.
4.4. Easernent Acrreement. It is the intention of Declarant tosubject certain property owned by Declarant, and which containsrecreational facilities, including but not linited to, swinrningpools. tennis courts, playground and certain other improvements andlandscaping, to an easement for the benefit of the Property as well
as other properties subdivid.ed, developed and sold by Declarant or
Decl-arantrs predecessor-in-interest.There would however becertain obligations placed upon the Property pursuant to the
document creating such easement (the f'Easement Agreementrt).Declarant intends to place the Easement Agreement of record
subsequent to the recording of this Declaration and prior to the
sale of any Lots by Declarant. In the event the Easement Agreementis not placed of record prior to the sale of any Lots by Declarant.then the provisions of this Section 4.4 shall not affect any Lot
conveyed to an owner by Declarant prior to the recording of the
Easement Agreement without said ownerrs written consent.
ARTICLE V
GENERAL PROVISIONS
5.1. Enforcement. Each provision of this Declaration,including without lirnitation, the provision of Section 3.1 hereof,shall be enforceable by any owner of any Lot by a proceeding fora prohibitive or roandatory injunction or by a suit or action torecover damages. If court proceedings are instituted in connectionwith the rights of enforcement and remedies provided in this
Declaration, the prevailing party shall be entitled to recover itscosts and expenses in connection therewith, including reasonableattorneyls fees.
5.2. Jurisdiction. Each o!'tnerany and aII actions in equity or atenforce any provision hereunder shallcourts of the County of Eagle, State
of a Lot hereby agrees thatIaw which are instituted to
be brought in and only in theof Colorado.
5.3. No Waiver. Failure to enforce any provision of thisDeclaration shall not operate as a waiver of any such provision,the right to enforce such provision thereafter, or a waiver of anyother provision of this Declaration.
5.4. Exercise of Riqhts. Any exercise of any right granted
hereunder by an osrner of any Lot, including but not linited to, the
use of the easements established herein, shal1 be exercised in ananner which sha1l not unreasonably hinder, inpede or impose any
burden upon any other olvnerrs use of his Lot or the easementsestablished herein.
5.5. Notice. All notices or dernands hereunder intended tobe served upon owners of Lots shall be sent by certified rnail,postage prepaid, addressed in the name of the applicable owner atthe nailing address for such onner listed in the Eagle county realproperty tax roll-s. fn the alternative, notices nay be deliveredif in wrLting, personally to owners of Lots.
5.6. Duration. Each provision in this Declaration which is
7
subject to the }aws or rules sometimes referred to as the ruleagainst perpetuities or the rule prohibiting unreasonablerestraints on alienation sha1l continue and remain in full force
and effect for the period of twenty-one (21) years following thedeath of the survivor of the now lawful living descendants of
Charles, the now current Prince of Wales, or until this Declarationis terminated as hereinafter provided, whichever first occurs. AIlother provisions contained in this Declaration shall continue and
remain in futl force and effect until January 1 in the year 2018A.D., and thereafter shall be automatically extended for successiveperiods of ten (10) years each.
5.7. Amendnent and Ternination. This Declaration may be
anended or terninated at any tirne and, in the case of arnendment,
from time to tirne, (i) by Declarant, or his successors or assigns,if Declarant, or such successors or assigns, then owns all of theProperty, or (ii) by the vote of the owners of at least 1O of theLots, including Declarant, its successors or assigns, as to anyLots then owned by Declarant, or such successors or assignslprovided, however, !hgE, this Declaration may not be terminatedwithout the prior written approval of Declarant, or its successorsor assigns, if Declarant, or such successors or assigns, then owns
any Lot. Hor'rever, notwithstanding the foregoing, Declarant rnay not
amend the provisions of Section 4.1 without the unanimous approvalof all Lot owners. No amendment or terrnination pernitted underthis Section shalt be effective unless the amendrnent or ternination
docurnent (A) expressJ-y refers to this Declaration, (B) has beensigned by Declarant, its successors or assigns, in the case of an
amendment or termination made in accordance with the provisions of
subparagraph (i) above or by the owners of at least ttrree Lots inthe case of an anendnent or termination nade in accordance with theprovisions of subparagraph (ii) above (each of which owners shallcertify on such docurnent that sane conplies with the provisions ofthis Section) r and (C) has been recorded in the real property
records of Eagle County, Colorado. Any arnendment or ternination
made in compliance with the provisions of this Section shall beconclusive and presumed to be valid as to any person relyingthereon in good faith and shall be binding upon aII owners of Lotsand all other persons and entities bound hereby, whether the
burdens thereon are increased or decreased by any such amendment
and i.rhether or not such owners or other persons or entities consentto such amendment or termination. Notwithstanding anything to thecontrary set forth above, so long as Declarant, its successors orassigns, oqrns any of the Lots, this Declaration cannot be arnendedto nodify or eliminate the easements and rights reserved to and/orestablished for the benefit of Declarant without the prior writtenapproval of Declarant, its successors or assigns, nor may thisSection be amended wittrout the prior r.rritten approval of Declarantor its successors or assignsl and any attenpt, act or purported
arnendment to do so shall be null, void and of no force or effect.
5.8. Effect of Provisions of Declaration. Each provision ofthis Declaration, and any agreement, pronise. covenant and
undertaking to comply with each provision of this Declaration, and
any necessary exemption or reservation or grant of titler estate,right or interest to effectuate any provision of this Declaration:(i) shatl be deemed incorporated in each deed or other instrumentby which any right, title or interest in any portion of the
Property is granted, devised or conveyed, whether or not set forthor referred to in such deed or other instrumentl (ii) shall' byvirtue of acceptance of any right, title or interest in any portion
of the Property, be deemed accepted, ratified, adopted and declaredas a personal covenant of the grantee of such right, title orinterest and, as a personal covenant, shall be binding on suchgrantee and his heirs, personal representatives, successors andassigns; and, shall be deemed a personal covenant to, with and forthe benefit of each other grantee of any right, title or interestin any portion of the Property, and (iii) shall be deemed a real
covenant by Declarant, for itself, its successors and assigns, and
also an equitable servitude, running, in each case, as a burdenwith and upon the title to each and every fee simple estate
comprising the Property.
5.9. Persons SUbiect to Declaration. All present and future
owners of Lots and their tenants and all other occupants of Lotsshall be subject to and sha1l conply with each and all of theprovisions of this Declaration. The acceptance of a deed to anyLot, the entering into of a lease or sublease of any Lot and/orthe entering into of any other occupancy and/or use of any Lotshal1 constitute an agreernent and assent by the applieable owner,tenant or other occupant or user that each and all of theprovisions of this Declaration, as the same may be amended fromtime to time hereafter, are accepted and ratified and are binding
upon such o$rner, tenant or other occupant or user.
5.10. Joint Ownership Lots. In the event of joint ownershipof any Lot, the liability of the persons or entities courprisingsuch ownership shall be joint and several.
5.11. Establishment of Easenents. AIl of the easements
estabLished in this Decfaration shalL be deerned to be established
upon the recordatj.on of this Declaration and shall run with theland and burden the applicable portion of the Property to which
such easernents relate and shall be appurtenant to the Lots whichsuch easements specifically benefit hereunder.
5.L2. Easenents for and Rights of Declarant. Notwithstandinganything to the contrary contained herein, there is herebyestablished and reserved to and for the use and benefit ofDeclarant, its successorg or assigns. for so long as Declarant or
such successors or assigns shaLl o$rn any portion of the Property,together with the right to grant the same to others, such
easements, rights and rights of use in, over, under, across andthrough the Lots as are or may frorn time to tine be necessary ordesirable for Declarant, its successors or assig,ns, and theirrespective agents, architects, contractors engineers, ernployeesand realtors to excavate, grade, construct, build, develop,Iandscape and complete site improvenents on the Property'including, without linitation, any landscaping around or relocationof the streams, ditches and other drainage areas into Gore Creek,and any maintenance and construction of electrica)-, telephone'television cable or water, gas and sanitary selter lines.
Furthermore and notwithstanding anything to the contrary set forthherein, Declarant, its successors or assigfns, and their respectiveagents, architects, contractors, engineers, ernployees and reaLtorsshall have the right at any time and from time to time for so long
as Declarant or its successors or assigns shall o$/n any portion ofthe Property, to (i) construct and maintain any temporaryconstruction office or other structure or irnprovement and to bring,store and rnaintain any trailer, other temporary structure, signs,
construction materials and equiprnent on any portion of the Property
owned by Declarant or its successors or assigns in order to conductand facilitate the construction of site improvernents on theProperty, and (ii) conduct such activities on the portj-on of theProperty then owned by Declarant, or its successors or assigns, asDeclarant, or such successors or assigns, shall desire, in its solesubjective opinion, to advertise, show, rnarket, and sell- Lots andconstruct site improvements on the Property, subject to theregulations and ordinances of the Town of VaiL.
5.13. No Representations or Warranties. No representationsor warranties of any kind, express or inplied, have been given or
made by Declarant, its successors or assigns, or their respectiveagents, ernployees or representatives in connection with theProperty or any Lots, its physicat condition, zoning or other legalclassification, value, fitness for intended use, nor in connectionwith the subdivision, sale, operation, maintenance, taxing orregulation thereof, except as may be specificalty set forth herein.
5.14. No Third Partv Beneficiaries. No person or entity notspecifically referred to herein shall be deerned to be a beneficiaryof any of the covenants, easements or rights herein set forth andno such person or entity shal-l be entitled to enforce any of suchcovenants, easenents or rights.
5.15. Severabilitv. Invalidity or unenforceability of any
provisJ.on of this Declaration in whole or in part shall not affectthe validity or enforceability of any other provision or any valid
and enforceable part of a provision of this Declaration which shallrernain in fuII force and effect.
10
5.16.Captions.Ttrecaptionsandheadings-inthisinstrumentare for corrvdlffionly and shall not be considered in construing
any provisions of this Deqlaration.
5.L7. Construction. when necessary for proper construction,
the masculine of any tora used in this beclaration shatl include
the feninine or neriter gender, and the singular the plural' and
vice versa.
S.18. coverning Law. This Declaration is rnade and executed
under ana snatt Uf@verned and construed by the laws of the State
of Colorado.
IN I{ITNESS WHEREOF, the undersigned being the Declarant herein
has executed this Deciaration on the day and year first above
written.
DECLARANT:
TIMBERFAI,LS ASSOCIATES'
a Colorado generalpartnership
iv: nAO fiv-e f,initect LiabilitY
c6mpany, a Wyoning LinitedLiabitity company, General
By:
STATE OF
COIJNTY OF
)I
t
ss.
me this dLinstrument was acknowledged before
, Lgg2 by Ronald H. Riley as Member for
na6 rivffii cornpan-y, a l{yoming Limited Liability
company, as general partner of tirnberfalls Associatesr a colorado
general partnershiP.
Witness ny hand and offigial;9a1.
H. Riley,
Notary Public
/declfore
11
EXHIBIT A
Property Description
Forest Glen Subdivision according to the recorded plat thereofrecorded on , L992, in Book _ at Page _ inthe office officorder, Eagre coTffi, corora$l-
/exharile
EXHIBIT rBrl
FOREST GLEN DESTGN GUIDELINES
A. General,/fntent
1". It is the responsibility of each lot owner to understand andconply with Town of Vail Zoning requirenents which includeregulations regarding architectural and landscape designguidelines.
2. ?hese regulations and guidelines are intended to supplementthe Townrs regulations and guidelines and where any conflictoccurs, the most restrictj-ve provision shall govern. Thesequidelines shall be utilized in conjunction with the Town ofVail pesign Revieu process and are meant to reinforce thenatural beauty and guality of Forest GIen.
B. Architecturat Guidelines
1. Intent. The intent of these architectural guidelines is toencourage individual expression in the design of eaclr homewhile at the same time setting forth some basic criteriawhich will provide a certain level of consistency throughoutthe development.
2. Roof Forms and Materials
a. The roof forn and rnaterials are a rnajor elenent ofbuilding forrn. In order to provide a compatibitity
among the l-4 homes within Forest Glen only thefollowing roof shapes are perrnitted within Forest Glen:
- Gable Roof- Partial Hip Roof- FuIl- Hip Roof
b. The ninimum roof pitch shall be 6 feet in 12 feet.
c. All roof materials shall- be natural woodshingler/shakes.
3.
d. Roof overhangs protect walls and waLL openings fron
snow and rain and contribute to a buildings character.Roofs Ehall overhang walls a minirnurn of 24't, except inlinited instances where such overhang would restrictped.estrian movement.
Wall Materials,/Exterior Finishes
a. WalI naterials and finishes can lend visual interest toa hone. With the exception of log hones in ForestGIen, alL hones shatl have exterior walls conprised ofat l-east two material-s with at least 2Ot of the wallsurface covered by the secondary material. No morethan three different wall materials shall be utilizedupon the exterior of any hone. owners are encouragedto utiLize a combination of natural materials such aswood, 1og, stone and stucco finishes. On wood surfacesonly transparent stain of natural earth tone colorsshall be utilized. No painted wood surfaces shall beallowed. AII exterior colors shall be natural , mutedearth tone coLors.
b. The following exterior materials shall be prohibited:
- concrete block- brick- ceramic tile
- aluminum or plastic siding
- steel siding
- simulated stone or wood
- asphalt or hardboard siding
c. AII windows shall be cornprised of clear glass orstained glass. No green tinted windows shall bepermitted.
Utilitv Boxes,/Meters
a. Alt utility meters/boxes shall be concealed from viewfron the street and integrated into the overall designof the home.
Trash Enclosures
a. No free standing enclosures for trash shall beconstructed upon any lot. A1l trash storage areasshall be designed to be integral with each horne.
4.
5.
c.
6. Garage
a. Each home shal-l contain a garage capable of enclosingat least two automobiles.
Landscane Guidelines
L. Intent. The natural landscape of Forest Glen is one of thesiters most important qual-ities. Development of the siternust not destroy this guality but should enhance it. Thegoal upon each site should be to protect and enhance as nuchof the natural vegetation upon each site as possible wtrendesigning a home, To enhance the existing nAturallandscape, planted vegetation shaIl compliment nativespecies and be conpatible with existing environnentalconditions. care should be taken to protect existingvegetation to be preserved during construction.
2. Plant Material Sizes.materials survive and
minimurn tree sizes at
In order to ensure that planted treehave a pleasing appearanse, thethe time of planting shalL be:
a. Deciduous trees: Minimum 2 L/Z r Caliperb. Confiers: Mininurn gr height
3. Drivewav Surfaces
a. Permitted materials for drivehrays are asphalt, unitparers, or concrete. If concrete is used it shall becolored in natural earth tones.
4.
6.
Culvert Openingii. When culverts are installed underdriveways which access Glen Fa1ls Lane, their openings shaltbe faced with natural river rock stone masonry. The-goal isto conceal the metal culvert ends from view from the ioad..
Fences. Fences that arbitrarily follow individual lotproperty lines shall not be pernitted. When utilized toenclose limited portions of a yard, fencing. should be of adesign and scare that is compatlble with the architecture ofthe hone and landscaping.
P.0.80x 978
0910 NOTTIN6HAI'( FOAO
AVON. COLO. 81820
(303) 949-507a
ttrInter-ltlountain
lA r.ttsineerinetLtd
sulrE tot
! il20 r,Ar.lcE STFEET
LAKEXOOO. COLO. 80215
!3031 232-0158
Protsct No.
915705
olta / By:8/4/92 TV
Sheat No.2 0F2
EXH IBIT ,C'
LOr 4
L8,0?7,4 squore f eet
0.414 ocnes
@ LOT 5
19,797.4 squore feet,
0.454 ocnes /
., \J
I$/i
0$\d q
2o,+
r?g
,@<
s^
@ .$v
$'R- t atzs'zs' E >-\\
S=25-l7'a
h"
LOT 6
63.8 squore feet
0.472 o,cres
otTlInter-Mountain
lAo-sineerinsr.rd.
!
sulTE !01
t,lz0 VANCE STFEET
LAKEI{OOO. CoLO. 90215
(303) e3a-0r58
P.O.60X 978
0910 NOTTINGHAI{ ROAO
AVON. CoLO. 816eO
(30319{S-50t2
*ol'"t *o'glszos
Ortc / 8y:8/4/92 TV
Shlrt No.toF2
EXHIBIT ,D,
4?(b
)
LOT 12
L7,069,0 square feet
0.39? o'cnes ?*u
rg ,4
..d
J LOT 13
19729.6 squone feet
0.430 ocres
LOr ll
12109.5 squone feet
0,393 qcres Rb.*a\,
LOT IO
JOINDER OF FIRSTBANK OF VATLIINJil,I
FirstBank of Vail ,/NlN./ (r'FirstBankrr), the beneficiary under
two Deeds of Trust both recorded July 29, L992 in Book 585 at Page
753 and Book 585 at Page 756, respectively, all in the office ofthe Clerk and Recorder of Eagle County, Colorado (collectively, therrDeeds of Trusttr), for itself and its successors and assigns,
approves the foregoinq Declaration for Forest Glen, which affectsthe property encumbered by the Deeds of Trust, and agrees that noforeclosure or other enforcernent of any rernedy pursuant to eitheror both of the Deeds of Trust shall- impair, invalidate, supersedeor otherwise affect the covenants, conditions, restrictions and
easements established by that Declaration or any supplernent
thereto.
Executed this 10th day of Auqus t I L992
STATE OF COI-,ORADO
COI'NTY OF EAGLE
The foregoing instrument
lell oay or Augus t
ss.
was acknowledged before me
)
)
)
this
as
Pre s ident
Witness my hand and offj-cial seal .
My conmission expiresz LL-24-94
, L992, by Roger Ar Behlq1of the FirstBank of vaiL//Nl.P/.
BehJ.er, President
Notary
17 Vatl 8 1657
/joinlend
fsderal Regirt* / Vol, sa. No- 26 / Friday, Novenber / Rules and Regulations 59143
o
u, tgsl
cleanup of oll and htzanitour rubttancer GFCW4R; ber been frrmiglcd aollcc of lhe United Slatcr lncluder lbe filled area
;hi"h ililt";iii G N.ti""J oif - o;.r"'Ai;ed;G""tt epptication pluc waten ollhe unlted stale! thal sr.
and Hazardoui subar"n""i po'ttotio" for ttic ceiqoric.atcxclurlon rii ldvcnely ellec.ted by llooding.
ConUne;Ey iisrr t{0 CfR ;rrt 3m). Gonqn wiif, 6at d"t"ttr,it "lloa. Prtor to cxcavati6n o-r &ainege e.r r rerull of the
f-"raia i[Li ift-" ;;;l ir ;il;- -' d;;J l* prrporer ot uir a"uoo-id" ppigct. Thc rcn'.cre end one'acre limitr
lccordancc wlrh tha Spitt iontrot rnd piirit ot -v'ig;;;;r;t"t-t-l .. irt ttWp zo erc rbrolutc. rnd cennot bc -
Gountcrmearurc n " ;.,q.;;i bt 6- &A;;;;6.-tt;i.i or-rndr..n -lu lncreared by rnv mitigetion glan oFered
CFR 1123 and eny GrirdS-S;6 -- riU.lt p"tii" ""-."trr. tniddrcmirU by tha rppticent or rcquircd.by thc DE.
con|irgencyptan-endprovidedthrtthe|hcrc6mraenrr.$cChiafofEogincerrSuDdlyirrbns:Forrnyrcolcrlalen4iof,rf nll-poruc f"-a. 0t orc rxist! Eay Equfu! ccrtsin conditidt f& rubdivirion creatrd or rubdivided sfter
ln ihc uaa) cimcgn wtth thc propoted tutloriiation o[ rn qency'r catcgorical Oc'tobct E lsel. r aotitication punu.ht
coDtaluait rnd claeaop rcti'od cxclurioru udcr lhiiasu-onrtrlc pcrarit' lo rubrccfo b' of lhir natlonwidc
{rectionr 1O rod {Xl trcction! lO .!d {X) ggnatl lr rcqllrcd for lny dircharye -- zt Surfoe fuI nin;rrr Aai"itlc* - 4 Stor Adninit:EEd *diion 4ll irhidr so||ld caurc lhe e3grggate totel
Acfivf riciicr;ltt"d ;t[;;;;*"1 PPSnn'
'Jr'y
rclivity pernittcd by e lorr of watcrr ol tbe united steter for
rnining activiiiei jt*td"a th"y .r" rtaie rdminiitrring ltl bwn rc-tionrol the cntire rubdivision to cxceed one l1l
ruttroizeA ty G-O"partrncnt'of thc perarit prognn gGruent !o !g U-.gG ecc- Any dirchrrge in rny real cltalc
. lnterior. OffiL of Sgriacc Miniru. or by irgCXUL pcri,tttad punuaot-to rubdivbioa rhich would ceurc ihc
atlt.r with lDDrcvcd oronamr indcr - rcc$oi fO of ihc Rivcnlnd Hat$on Act rggrcSatc totd lorr of waterr of lhc
Titlc V of thd Surleca'Miiiru Conhol of lrc.Itorc rcdvlticr rhicD do ml Unitcd Statcr h lhc aubdivlrlon lo
end Rcctenadon eO of fgailad &rvotvc r rcctlon,Xf t&sl. tcralt ua crcecd tlD OO) mrur lr nol ruthorfucd
orovidcd thc ocmtttcc noUfiJ ibc Dol lnctudcd b &ir arUonividc puolL by tbir artiorwtdc pcrnlt unlem thc DE
iirtrict cngtnicr b lccordencc with tbc but ccrtri! rtructurcr will bc crcnptad :rernprr r gerdcular
'ubdivlrlon
or
-Nofificetiirn'rcneral condition For by rcction lst of Arblic bw 9-E8Z I gerccl by ualing r writlcn
didra;"; tn .;;;tecu.tic ritl'. SieL 417 F3 U.S.C Sell (|cc !3 CFB Sctcrmliation lhit lr) Tbc Individuel
Uaratii*iU,itar, ttt"'*tnori"i -"tt Szz{a)(4i. lrcctio! loi - - rnd cusrulatiw rdvcnc cnvlmnncntal
rlro fncf'udc r dctincitioo ol rFectcil l5,'-sini;aitr,l Discrd8a Dirchrrget 'trecb woutd bc mlnlmal rrd tha
. rpbcitt rquatic ritcr. lmludiru of mrtcrid ruc.h rr conc'otc. [nd. roc'l. Drop€rty owDrr hed. efter Octobcr t.
wctlandr, tAtro rcc !3 CFR sE .1(r)). cte lnto t[htly rcelcd loror or-cclk 1081. but pior !o lanlgy ll. lsa
(rcctlonr fb rad {}t) whcre ttc nrfcrlrl wlll bc urcd rt r courmlttcd ubtteathl rsroucr ln-
2:2- Rcmovol ol yarralr. Tcmoorarv rtnrctral ncnbct lor rtendrrd pilc - rclirnc. ott D'MIP 26 wlth ngerd-lo r -rn;ruraj - rfir; dir.h"r""r;i - ' rupporicd rxucturca nrc,h rr PLrt rnd rubdivlrlon h drctnutanccr whcc lt -
6rpdgA-;-61 ;-ari.t trs;fta lot U. &tirr ut for lincer E^roieGlr.-tuc.h r! . rould be lac+dt blG !o frutts tc Ll3
r.-oi1 of wrc"lca rU""i"i"a-oi -- brirfuer trnrolrton-llni foo$rya rail lnvcrtnrnt-biclcd ccecctrtlgnr. or [2) '
direbtcd nrreb, or tbe rcaovet of 6sa- .rrlkmyt ltc I,IWP docr nol euthorizc lhat fhc hdivldud rnd cumuhtvr . - - . . -' :'' u"a. obt"ctoii't" -ttit"d; Til. .'Ollcd dnrarsd tn?Ebcrr lhll todd Litvenc rnvlronnmhl cfrcctr uould bc . . .artionrldc ocrntr dogg rii.u-GorUc iupDdl MtdltrSr, bonee. prr*ht rrcar. ninlnrl Lith qudlty wcthndr woutd
drc rmovrl'of viratr Urf"a or ,. gtorlgt .tur .nd other rri:b rtuctunr. . oot bc rihcrraly eficotcd, rnd tbctt
dcrennlncd clidit i"ttirti*-ir O" llouripritr ot othcr Nlding Prdt erG rtotrld bc ra ovrnlt b.tpfil ro tht '. :
Xauonef ncniltcr .fXiif""t-Jn"".i ' "rlro aot lndudcd b tllr nrtionwftlc rqutic mv{roncnL Oncc lhc
rurtcrJni dirrfa cmf-nir L "orinoa ?ctalt ttc trructurc lrralf nry rrguln 'ricmptloo b crtabtirhcd lorr;d t"di;;; d;i d]i U-*irti'ii* i rcctbo ro gcrnlt lf locrtcd lr - rubdi'virlon rubrcqucnt lot &vclopncnt . ' .'
wlth fhc 'Hirroric Proocrricr' icncrrt nrvl3auc waien ol lhc Unltcd Strtcr. ty lnillvldurl popcrty owncn !|ry
tondition tAtr netionirylde milt docr (tcctio! l0l) procccd urlqg NWP 2a For PutPolG! oI
Dot.ulhorlrr aol"ten."cc fi&"il-- 'Mgffi inap ra thc -tcro -rcd crtgic -
itro"lim"vif civ;tbrr,f .*-dru. @ruF-lFt-t chq.rofdredgcdor.fill rubdlvirlon'rbdlbcbtltPntldto
Vcerct dtroonl ta wrtcn of tha FaiGd a-ETEI lsto lcldw.lctt atrd t olrltd lnclu& drunrlrncrl wbcn-l
at r*i.ii*ai;;ti*;glAi; x.Errptovldcd; landosaacdcvrtoprrdivtdarbrct ' ':
{i-cli &fli;6; il;d rtii r. tti dtae4r docr aot crurc lbc. ol hDd tDto erttcr irrccb tor tha .. A.ADDn;.e euqb, p5,toilun -..loerdmr tea lo ecrrr of t Lrt of .. gurporc of r_lll4r, coava/a;, ^ -.':-.a- .'
Acdv|d-; uadcrfrtri. urbtcd. ' 'lh.ltDlttd sr.E$ t|ndrlth& L.tltu, a-dctltoPltu l|16
lurhortzartr:riiiii.an-b"a-.irb.1tcaernittccmtifier|lcdirtrlcl9erctLIrlrwoutdlncludeihcrnti:a;;.;;d,6 ;f;Lii[-p"tr. 'Ui."otLr :ngi_necr if the dicch:rgc.would ceurc irse of e pddcatlal' commerEial ot
Dcdcrel uencv o a"-rror'"lt-lf-.i"-' lf,c-too ol wrtcn of th-a Unitcd Stttcr lbcr rcrl :rlrtc rubdivlrion Includirg
ffni""r& ii'a"r.if,iliffi ---- grcrtcr than ooe rcrc h rccorducc 'll perccb rnd prrr thcrcof. (reclion
dctcdi'c6" i'nririr r" rt " Co*at on rith lf,c "lfotificrtioa- jcnanl {lt,
Dnvtronmaufif Ouallg Rcrutatlon lor condition. For dirchr4er la rpcclrl 2. Wctlond and Npriaa fusbmtioa
fmplcmcD[nr rhi holdrrirl novUtoor rgurtic dtcr hclu4lat w-etl-rndr lbc ond Olrprtion Adivitbs. Activlllcr tr
of ihc N.$o;iEnvlronn ntrl po1"' notificrlloo rurt dro lncludc r trtcrr of lhc Unttcd S11tcr rrroclalcd
Act l,$ CfR oart rgo "t."o.f U.i ff,. dellneltion of elllcted rpedrl rqurtlc rllh the rcrtondon of eltcrcd rnd
ecrivjty. ior[. or dir"tu;l; rltcr. hdudin3 wellandr. lNro rcc t3 dcgrdcd aor-ddal watlrndr rnd
carego'ricrtly lxct"O"a afr CFR!ct.{:l} lnd crcltion of rctlendr on privale lrndr la
atrtfonorcnlrl docgnantrfi-on becauc tt c ltc dircbrrgc,Includils dl - eccotdencc rlth lhc fcrir rnd
b lactru&d wlrL;a r cetqaonr ol ectioar rttondrnt fcrturcr, bothlrnpol4l lnd oouditionr ole blndirg we rud
whlch nclthcr lndi"fdueu]v ioi Fso:DcnU q Pirt of r riagle rnd tcrtor.tion or crcrtlon-rtr!3tbGnt
qunulatively hevc r rloriticut cicct oo cottpbla poiccl bctrrocn thc hndowucr rnd thc U.$
-rc Duann invtmnrrcai end the Otttca Por lDc pugorcr of lbir mttorwldc firh rnd Wlldlifc Scrvtcc (USFWS-I or
of tbo Chlcf of Engtn i leffff, forulf ibaicnrgc of lom ol wttan of lhr Soll Connnrrtloo ScrYle ISCS! or
Fcderel Rcgblcr I Vol. 5s, No. 22s / Friday. Novenber 2&
o
t99t / Ruler and Re8ulalionr
rclir'llicr rsroclalcd wlth ti. tcttot tlott
of rltered rnd desraded non-ddd
wetlandr. riparian areat md ccltlon of
retlattd! .nd rlparian rrear on U'S.
Forert Servicc ind Eurceu of lrnd
Management landr, Faderal rrlTlur
hndc lc.g., bilitary lende prcpored for
diepoaal), Flrmcn Home Admlnlrtre Uon
hvcnrory popcrticr, rnd RcrolutionTn[t Corporation lnventory propcrlicr
lhet an under Fedcrol conlrol prior lo
being trrnrfcrrcd to lhe privat? aeclot.
Euch rctivlticr lnclude, but rtr lot
limltcd to: lnrtallalion rnd maintsnancc
of erna!l rtater control t!ruclures, dikes.
rnd bcrmq bac,l.Jilllru of crirtinS
dratnagc ditcher: renovd of cxitting
drainaie rrructruo; coulruction of
rmall lcrfiry lrlandr; end otber nletod
rctiviticr. Thir nalionwidc peatl
rpplier to tlstorltioD Droi?ctr lhrl *rrc
the purpotc of rcrforfu'brtunl" -rntlend hydrolo3y. vcSet tio!. rnd
Irnaioa to rltarcd end degradcd aon'
lidel r'cdandr rDd beturel" frlratoor
of rlparian rrear, for a8t€cnlrtttrt rraio! and cr€atioa proicc'lr only'
lhh netionwide lcrnll rbo .uthorite!uy luturc dirchl4e ol drcdgcd or ill
Ellctlal r||oci.tcd uilh tbc rwarloo
ol tbe uer to lb grlor coailitio rnd urc
It.c. Drlor !o rartoretion orlcr lf,e
egreencot) wlthin hve yerrr rftct
c4lntion of llc llntrrd Eno rrthad
rGrtor.tion B crotlou lSrrml cre'n
tr thG dirchrrrc occur efter |lt
andoawldc pcnolt .rqlt .. Tb! Drloonilitlo rdll bc docunmtcd b thc' origittrl rytcaocnL rod tbc
dctcrurlnrtio of tatum to Drl6' conditlonr xlll bc D.dr Dt tE. Psitlrd
tScncy axrcuting tf,c tSrtcnrot Oaccrn.trr la rGYlrled brc& b lt pdor
jbyrlcel cmditirm. lt rlll bc rubjcct !o
thatcvar tbc Gorpr lquhtory
rcqulnncnb wlll bc rt that tutuc tlrtc.. ltir rrilonwl& pcrolt docr mt' ruthodrc tf,c coovcrrtoo olartlnlrc0ra& to rmthct rqurdc uc. rod orrrrtio ol mtrrlosl bpmdnratr
whcrc r fq:rtcd rcllenil prcytoorly
cxlrtcd. (rcclionr l0 rd aotlA Md iiiationt ol E- r' Urg Moritu
Rcconfiguratlonr of cdrting doddng
leclllUai withln rD rutbotlted Drrln
rna. No &cdging, rddiUooal rllpr or
doc& rDac:l ot exprnrtor ol eny bnd
rrithin rrlcr of lhe Unltcd Steter ere
ruthodrcd by thl. tiottrrtdc PGnulL
lrcclion 1o)
t9. RcrcwsdIL Rc*rvcdn.n..dcde @nplctd Enlquncat Adlont
Ary rtnrturc, wort or dircbe4c ol
drcdsed or AU E tsrld gudcd.tctr tl
rccoidrncr rlth. or rcrnelnlng h y'eca
ln cooplieacc wtth. rtc u n of I ftnrl
Drd.s.l corur &drioa. onrcor dcoac"
or raldcmcnt rgretteDl b rn
rnlorccment rc,tion b,rousbt by lbe -Ulitcd Stttct rndet rectio.fl)l of lhc
G|csn Wllcr Act eniUor ladior 10 of
ere Rivcrr rnil Harbon Act of t89ll.
IrectioDr l0 rsd |(X)
A. 7amporuY Cotts ltttcrion Ae ss
o td Dewo te ri$. Tcmgorqy tEDcluret
rnd dircharicr. hcludilg collcrdamr,
nccetrsry fc corutuct'oo rctivldrr or
rcccn lilh o dcrrtcdtu ol
conlEuction rltcl; gtovidad lha
rsro3letcd plrEatreDt rclivlty xat
prcviou:ly iulhorized by the C.orye of -Enrfneers or &e U.S' Cosst Guatd. ot lct
bri-dge conatnraion rctiviti$ nol lubiect
b F-dcnl rcglhtion. ApproPrlrt
reerrrer nurt bc tale:r to Dllnt.ln
lcat lomral dwlrbcar trorvr rnit to
rrlnthlzs llsqdi!8. Fill uurt bc o[
uetcfub rnd Pleccd la r nennrr thgt
*ill aor bc rroicd bY qPccad [If!r
tlowr. Tcnponry iii nurt bc urtlrely
roovcd to lDtgnd ucar lollorvlag
conptction ol thc comtructi@ rclivlty
rnd-lbc efiectcd rrear rerlopd to lhe
!'e.prolcct m&tionr. Corardror
iania-bc ured to deweter wcllerdr o
othgr rquetic rterr ro lr b cf,rngc tlclr
ue. Structrrar lcft b Placr rhcr
col-lcrdrur rrt rcuoved rtguin r
i"cUa ro r"at |f bcrtcd ln uvlgebla
trtcn olilclhltcd gr.ta [S.! ll3 m
ilrt tzl nctldtlttrclurl mtifY lbc
i[rHa ingi* h rccorileacc dtb lDa
't{ofl5cetio- racrrl oorditiu- lta
lorihc.rioD rort dto bcludc I
.'rcllondo glel oh:uonblc acuunr
:.lo rtold rad obloL;c bP.ctr b
aouelic lt.os=ce. ftr dirElct rogiDctn
riill rdd rocdel ondiuor. rlcra
accaosryi lo :orurc tf,et rdvrnc
rovlroadcotrl hpac{r rn nbloel
tucih conditiol nay bclude f,Dlrl'3
6c r:ngonry rcrl ro $c rldotn
acoerrrrr rqdrlag rcerorlrtlcdoor uodilYilg lhc r: tdl$oo
den: rnd rcqukhg dtazrdYr
ioruocuo uctbodt [:$ corrns{|o
retr h *rilrnib rDctc frrctcrbtclTtir aatiovl& gctait doct Dt
rulhoirr troponry rtnrctunt 6 ill
rrrodrtcd rl-& nlatrrg tc.tivlticr c lDc
@rlructi@ ol Dldniberlar rvttcl
iavc rot bca rothorlzed by lLc Corpl'
{.rsdoD! t0 rDd {xlt @tll,fulryDududionAdlUtial;
Dlrc.bargd of &rdgprl ot 6ll nrtcrtd for
dilar, bcran, nrrrpr. reter couEol
rtructut r t lctrlirg of cnilcrY bc&
urodatcd riih GxPeDlion.
clhenccE.ot or oodificadoa rctvldcl
rt cxtrtiug anabcrY groduction
ooctrlloar Povldcd:-r. ftc couhtw totd tcrregc of '
dlrturbenoc pr lrrnbory gooducllon
orcrrtioa GtudlaS but lot xnrtGd !q
fnling,0oodi!$ dltcthg, or clctdns'
doer not cxecd l0 etrcr olwrtcn of
tfiUnir.a St"t.r hdudtng tetlan&l
b.lAc pcrlrtttce rtllicr the Dirbict
Enrtncetin rccordaw rlth tbe
mificrtion Dmccducq rnd
e tac rctivlty docr Dot tGtult l$ r nct
lorr of weiland lcreqe.
ftir nrtlonwidc Dcrult doct Dol
iulhorite ray dii*rrgc of drcdgeil ot
8lt netcrlal reletcd b otbct Gtrsbctty
orcduction rctivlticr ruch rr
irerabouecs, procarlng hcllltiel, ot
oar*lne ereri' For tba pupoqel ol tblr
igrioniide permit. lhc arrnulatlvc totsl
of i0 rcrec will be measured ocer the
pertod lhet tbir natiowide pcrmit b
vdid- (recdoo a0ll
S. Moin btae Mgtug d Ex b tit1g
&riru. Excrvrtion rnd rgnovd o[
rccrrmulrled rcdlmcat fot lelntcnancc-f rrl.Uog n tl- bulnr. crnet' rnd
bost dipito prcvloulY ruthortzcda"iui [" coiuouina dep$r fot hgrerrldepDr 6r coirroltirg dcpthr fot hgrerr
r'oierr rdrlchrvcr b hrt uovldcd tbccdcrr *Ai.tt"".t b-brj pcovldcd- tbc
&&cd materiel lr dl;Porcd ol rt ln
rplaid rlte ud propcrlittrtion controb
rre uesd. (rcction l0lJ"bt naoyr'. Arfrvldct rrqukc.l
ior lhc conrtruction of boat nnPr
FotddG&- r.frc illrdenc bto rrtar of lbc .
Untud Strtcr docr Dot cEGd S dDlc . ' -
rrrdr ol m.tretc. rodq qlrhld rl6c o' :
-Lrvct bto focmt. c pteccocot dfr+ :' .'ArrosctcPter*rcdrbr " ' ..tlhrdtrblG Dlted.l &.t c.uNcr
inrcccetrbh ctcdcrl poDutlon or b '
rtuiLrirlty urtrNc blot rulhorbift. t.ltc bod nuP docr lot rxcrcd t0
&cl ln rldlb;
c ltc D.& D!t!d.l b rnlh:d rtor'
Fvct c othcr rullrblc uetcrie|;
d.lbc acevltirn lr llnltad !o lba -enr nccctruY nrdrc 1ncprrrdoo rd ''rtt-cxcrvrrad-net d.t L rilov.d 0o lh.
roha4od ' :-
r.lfo nrtcrlet lr Dho.d b tDd.l . -..
.:rqurtlc dtc, hclurf4.rrtlrdr ""'i.;'.: '
DnrtglnS f Fovldc rccur to lf,c bort
nnp-arv bi othoarcd bY raothcr
Nlrit EdoadrurdDGEII 6
ln.UvldEd Dttlil Durrurnl !o .Gctlotr tO
tr locrbd 6 uvtible rrrtcr ol lbc
UDIGd St br.{r;dot t0 rnd .oft
Jr, &nazencv l'',ohtdtcd Prolecton
and Ralt ob-iliraiioutWorl dona by o
irndcd bv flc Solt Gonrcrvrdon Scrvle
turlifyla! u en'odgencf -.lturdorttiqufini bnc.Liclaionl under ltr
Ear-Eeo4, Wrterr[rd hotlctioritoe;n (i cra Pul @r) rnd rort donr' or 6nacd- bv tht-Danrt Scwle urdu ltr
Durocd-err-r Eocrfrocy Rrhrbllllrtho
Hrnilboo& lDlSlt n lllpovtdcd ttc
dirEicr roglnccr b lodfud hac*td."F*th tc mdfi crdoa 3cncnl
:
l ' : beh.nt Resicrer / Vol. so. No. 2,E / F44V, Nou"qE.!3 1s1 / lder end Resuta$onr ESI|S
conditlon. [Abo ree 33 CFR 3:l{t1[c)).
lrectlonr l0 rnd l0ll- S.CIeanw of Hc;rar&u. and Tpxic
lzoe ta Specifii rc{ivlticr requlred to
crllec't thc- contalnment ltabilizatlon or
rerroval oI hazardour or toxlc wrlte
graleriah thet arc perfortreil ordetc4 o:
rponsored by r government egency with
crteblirhed legal os Egristory ruthorlty
provided the permlttce notilice lhciirtria enninicr h eccordaucc rift lhc
-Notification' Semrrl condition Fc
dirchaqer ln rpedel equatic dler,
lncludinr wetlCndr, lhe notifica[oa rnurl
etro lnclirde r delineetion of rfiectcd
Jpecial aquEtic riter. lncludingietlandr. C.purr ordercd rcoadial rction
planr or ralatcd rtdcmentr rc lbo
iuthorized by lhir nationwlde pcrmltItjr netlonwide Petult dotr not
rulhorlzc thc ateblirhracut of scw
diroord rllct or thc cxDanrlou ot
rxlitftu riter urcd for tha dirgolt ol
bazandour or loxic lrlartc. lrccdont l0
rnil tor)
S. Rcrcrtciln Fom Bvildittgs.llircharger ol
&s&ed or fill materiel lnto
lutiriiicuond wcdaadr (but rol
hcludinS prairic potboler, glaye hlcr. -or veraal poole) that wctt b rsttculturd
cmp oroductioo orlor lo DeccDbcr 23,
f gsB ii.." laraed- ratlandr) lor
tounde onr end butlrtlng nrilr lor
bu[diagr or r8rtoiltutd rehtld
abucturer DecGrnw for fanhg
rcttvltlcr ftc dircf,age rill bo llnilcil
lo thc alatnua aaccrar4r but will ln lo
.cere rxcccil t eea (rec tbr.. afinintaatlol' rcciion l0l oal;r
coadltiorl, (rccllon l(XJ
E fuuipmcnl HetW lqulPototro*6r h rrrlan& iuri bi Placcd on
rnatr ot-otbcr oelturtl arurt bc lrlcD lo
niainlze roll dirturbancc'
S.Regiollr.lurde,sc{rl<lacai d iuin. tt" .ctivltY nurt conPlY
with env reelonal conditiou rtith nay
havc bc-en rd&d bY the d.ivbioa
cnqinear lrcc 3tt CFR 330.r[cl] end qny
cric rpeclfic conilitiour ld&d by be
Gorpr.- i wla -a u nx &'wrr.-l{o ectMq
nav ocanr lo r cooPonmt of tbr
Naiiooel Wild ud Sbcnlc Rivct Syrtcm:
oi ln r rivcr offiaa[y derlgnrrcd by - -Cpnrresr el I -rtudy rivcr'for gorrible
hclGioa in tha ryrGm. whil: tLc river' |r ln ra omcid rtudy rtrtu bbroetioo
on Wild ud Sccalc Riverr neY bc
.br.hcd hou thc Netiond Pr* SGrYlca
rnd lhc U"S Forurt Senticaf thAattirAlt No rcuvlv a lb
oranuot r"l t P.ltlcrervd tsibd
rtifta hauaire' f,u1 aofi ti'''ttGd lo,
tc-ectrcd wrtar-r[htt lad ttrlt Erhlng
'tttf'F"#'f;eililiatiutb
ccrtab detir, ra tndividud llat: wrter
q*tiB c"ttin""Uon rrurt bc obtrlmd or
*eivcd (rcc rg Cm $o.a[c)]
tf.Cdrt&y'trllu zwwcrc*b
cartaln.Lt r, rt hdivtdud d.!a
coarlrl rooc !|eue8rmcnt om3blcDqy
Gmcurranoa Burt 5c oblrlncd c
rrlwd- lrcr llt Cf? lSoltdl}' lt Eniiotwtrldgprrillfomlivlty tt
ruUorua inda uY NIVP rlrld b- ttctv to lcooardizt llc cmunucd
. -irleud of e thraataned c codaagered'''rprcicr or e rpcdcl propocdfc arh
' dlrisrauoo. ir l&odfiar! rodct lhe
f;de-tal Eadangccd EPccicr Act c
Jt i* r ur.tv-u derioY c rdvcrclY
aodifv tbc cridcal babttet olrtch
ioeclir. Won-feaerd perntttccr rhall
a'oiifv U" Atrtu cnginecr lI ergr lislcd
roeciler or criticsl Labitel nigDt bc
e'fiecteit or lr b thc utsinig o[ lD.' lrolect ead rhrll not beSia tort oD lhc
' ictirttv un$l aoficd by thc dlrulct' "rrdoi,t S.t t" rrqulscE otr of lh.
' i:rilrnsand Spcchr-Aa bv. bccs
retistiJd rnd ihel thc lctivltY b
ruthorizc& tnfo;mation od lhe loc'lion
bc ctklbte, ot rvilch thc ptrpectivl
il.-ttio ["i r't tor to Ectievc may bc-Ai"iUt l* Utttu on lhc National
fffiicr;imrtdii"Plactr rnd rhall aot
IJfiG" ."trttY uo$l mtificd bY tbc
f,titdct nttgtneer tlal thc r:guirenentr
il tt a X"u6nd ttirtorlc PrerewationlJtt*" U."n t"tirticd end lhat thc
.ctivitv b rulhorlr€d. lnformsllon on
Uito&ton rnd cxirtcncc o[ hhtorlc
Jo-urcer ceo bc obtrlncd &olr tb'
buiirfu toa" n rervrtion O{ficc rntl
trt flito".t n"grtcr ol Hirtoric Plrcar
frec !S GFn $or{gl}
ltl. Notlficttior. lrl Whrrc rcquircd
bv thc temu of tic NWP' otc
niorpccU"c pcnoitt€! Dult nolify-lhr
bn*"t Buih"* er cer! u Porriblc
rnd rLall aot bcfin |tc rclivitY
l1l Undl notiicd bY thc Lirbicl
rt['fiti& rr.i rr: rcdvity uey pqocccd
sriicr lbc NlrlIP rlth uY rPcclal
con&tioor inpoccd by ttc dirhtct c
divldon cnginca: ot
l2'l tf aotihcd bry lhc llirtrict or
Olii'tl"t ctO"c"r that rn lndivtdual
rreinlt lr nqulrcd; or- (31 Uabrjr daYr Davc Pereed hon
thi iiruicr Engincier'r ncclpt ol tbc
aoli[catio end llc ProtFcltvc
nrmlitcc h.r mt r:iclvad !ouc. Fod
ihc Dirtrlcl c ltivbtoa Englncce
Subriqucndv. ttc Aclattt!.1-dSbt !o
lroceed nnder tlc NWP D.Y-b.-
i oaUied rurecnCca c r:voted on^IV p .rccodane rlth-tbr Drocdur! rct lolln .h33cra$os(d)tz!' fbl lac aotiticrtioa e|rrl ba ln urlh'|8
rn-rl inctuih lbc follorlqS hfota'tloo
rnd eny rcguircil fcct - -
followlog
ururt bc lollowcd ln
fil Nimc. ritdnrr end tclcPhonc '
aurn-ber of thc amspcclivc actDlltcc
lzt tacetlon ofrhc pttpoled grofcct
undcr lor rny rulhodzation by I
rtlonwlde Dermlt to b€ valld:rerlonwlde permlt to b€ vElld:
t.Itlov{gatrba, No rclrvlty lray c!ut!
oorc lhai r urtainal rdvcnc rllccl oa
aav[atlon.. / hwr toialcaoae. Aal rlructul
or fill lithorlzcd rhrll be pmpcrly
malnlalned, Including nainrenancc lo
e nsure Dublic mfely.t. Eision and ciltolion enttoh.
iri srief delcripuon ol thc pmgorad -priri"ct rbc proiect't DurDola dircct rnd
[odireii drLni cnvtrounen ld clfcctr
ihi nroiecr *ould caurq raY olbcr
NlVittri rqioarl gcnctrl Pcrnl(r! oI
Oaiviairat ierollfr) urcd or htcndd lo
[l-"toa-i"i"n ii rry Pert o!th9
. Dronolcd Dtol.d or rBt tlhlld acltv|tf '' tit rvt tt t cuired by tha t:nnr ol thc
N il: l. r de*nesiion uf iffecred -rpccirlroouit" rtrer. ttduding wetlendrl end
ir| A rtatemcnt thel lba prorpacllvc
Dermitb! hst Gonlaclcd:
lil Tlrc II$FWS/NMF:S reerldin8 lh'
o*iencc ol rnv F.derelly lirtcd [or
irooorcd for tiitiru) cndanSarcd ot
lhJaiencd roeclcJir criticel habital ln
$;-;;ia;;. that mrY be rttcctcdt-Y
O" iiooo."a p-pct rid eny rvailablc
rnto:ttttiuon pi',n'iacd by thora egenclcr'
ffha ororpcitivc Frolitec rnay corrllc!
broi n'irtia Olficer for USFUIISI-
miFs q"n"y -nteclr rnd lirto oI
crlticsl I'abltaLl
of tbrtalcned rnd cndangated ryeciar
end thctr crlticel bgbltat caa bc
ottatned hon thc U.9. Firb rnd Wlldlifc
Scrvlcc rnd Ngtlonel lrlariac Firhcrlcl
Servlcc. (rce 3t CFR 8:xt l(01
12. Hi;rodc Propnia. No rctivitY
r}irh nay rlfect Hirlotic Pmpctlic!
llrted. or ilieiblc lor lirring, b thc
Nalional Rcilstcr of Hirtoric Phccr le
rulhorlzc4 until tha DE bu coplicd
drh the provirlonr oI Sl GFR lil5.
rooendii G ltc DmrPcctiv! Pcrmlllcc
iiricr nodfv $G diruict cndnar rlhe
ruthodzcd rctlvtty neY rficct enY -
Dirrodc PloPsrlicr litt!4 dcteralneat to
Approprisle crorion end dltatim
coritroir rnurt bc urld and lleintslDed ls
clfectiva operating condition during
constnrctiotL lnd all cxpond roll rnd
othcr hllr rrult bc pcroenently
rlabltized er the carliect practicablc.
date.
a. Aquotic.Iife movcmttts. No rctivity
rney rubstantially dierupt lhc movcncnt
of thorc rocciar of rouatic life
lndigenoui lo thc wricrbody, lnduding
thoac rpeclcr which normally nlgratr
lhrough tbc rrca. unlcn lhc rcdvity'r
grimary gurporc fu to lnpound wetea
o o
.591{6 Dcderat Regirter / Vol. 66, No. zaa / Friday, Novcmber 22, 1s9l f Ruler end Re3ulaUona
-lli) The SHFO rcgarding the prceencc
oI rny hi:toric propertier tn tle pcrmif
rrea that may bc effectcd by lbe
proporcd pmject rnd thc rvdlablc
lnformetion" ll rny. pmvided by tbat
atency.
(c) The rtandard lndivldual pemrit
rpplication foru (Forn ENG |i}lSf may
be uced re the lotificelion but nurt
clearly lndicelc th.t ,t b. ,DN.rdnurl lnclude dl of the lnforaretionrqulrad tn [b) (t[5) of C,cnarel
Gondition r3.
ld) ln reviewiag rn rctlvlty under lbe
notification prccedure, llre Districl
Eqlneer uill lirrt deteralna whcther
lhe tctivlty will r,ctult h mon then
rnlalmal individugl or cumuladvctdvcrre cnvlronnentd clfectr c *ill be
conrery to tle publlc labr:ct ltc
lttoEpecur'c pcrB ttee D.y. .t DI3 optlotr
aubmll I proDor€d nltigatioo Dlrn wlth
&e prcdirchaqe Dolrticetio! to crpeditc
lbc proccsr rnd thc Dirtsicl Englaeer. rill conrider rny optlonel mttigalion lhc.ppllcant her lncluded ln tbe poporal ln
dctcrmlnlng rrhethcr lhe ml idvinc
rovlronbentst .lfear of lbc propoecil*orl erc nlnftnal. ltc llirtriit Engiuccrrlll conrlder my commartr hoo
Dcderd rnd Etrtc rgcldcr conccralng' lbc Dropocd .ctlvlty'l coDDlIucc wllh&c Lmr rnil conditionr ol tf,e. . la0olwldc pcmrttr lnd thc accil lor. - ' . aluSetiDn to nducc thc prolcct'r
. aahrcrrr tlvltlnE!'ttsl tfrrctr lo alhlnd bvcl. ltc dbtrlct GqglnGlr xlll. qroo rrcclpt ol r notlficldon grovtdc
hmcilirlaly lcg. lecrtmltc btmntrrlon,
overaight nrll or othcr epcditiour
nrnncr) r oopy to lhc rpproprhla
of,icer of lbc Flrh rnd Wildlifc Ssrvlcc.
Stetc netunl rerourc. or w.tcr gutllty
lgcnqr. EPA tn4 lf rpproprlete. lhe
Nallonrl Marfuc Firbcrlat Scrvlcc. Wi&6c uccption of l{WP !Z lbcl! lgencic.*lll lbca bw ! celcnder &yr irom tha
date llc urtuhl lr brnrelli.d !o. - bloghoc thr Dirbict EtrSlnccr lf tbcy
:,' , : ...bbad lo Fovl& rubrirldvc dL.rpccl$c aranantr- U ro conbacd by rn
rgcncy. thc DirUlct Englncar rilt rlltrn tddltionel t0 cdendrr deyr bcforc. rellrg r dcdrton on lle notlficetion.Ih: Dlrtrlct Eaginrcr rill fully conrldcr
aSency ooEtmcatr |.Gcciwd rr'ltlia tba
rpccltird lim: brnc, but will pmvldc lot?rpons! to ihe nrcurlc rgency. Tbc
Diatrict Englncer *{ll Indlcrtc h thcrdmlnistrstiy. rlcord trociatcd rlth
C.ch notilicrtlon lf,at lhc rcrcurce
tSencler' conctrat wcrG GooddcrGd.' Appllcantr rtr rncouaeed lo Droyldctlc Corpl uuttlplc copi-r ol
Do Utirc| tlon._ao -rrgcditc qcncynotiticltiotl U the Dirtrta lbrincrdetcraiur lhrt tbc rctidfy doplicrtlth thc l,aror rnd condltio[ of thc
NWP rad that the edvcnc:[eclr rre
atilmal he rlll loUfy thc penittec rnil
bclude rny corditionr hc &emr
neccarery. lf thc Dirtic'l Enghccr
deterojne. thel tbe edvctte-:tfectr of
ibe gropored roll !n lrore tDan
uininal lbrn hc will aotify the
rpplicant citbcr: (r) ttll th! Esoi"ct -doca nol quelily fc rutbuiration undcr
tha NltllP ud lortrucl tbG rDplicrnl 6 -
Ora procedurcr !o ree& ruihuizaton
urder ra bdividuel prrait c l2J thet
thr proicct b ruihodzcd rndr tbe
mtionwide peroit rubjea to $e
applicanl'r rubmi!tiq a mitigalion
gropctal that would reducc the rdvcrre
rficctr to lhc ninh.d bvd tfir
tlligotion propoul rnurt be epgrovcd
by fhc Dietrlct Eogrnclr prtos to
col"ng11riqg 1yorL lI tbe grOepccllva
gerafltaa ctcctr to rubmlt r nltigallon
Dlm $c IIE rlll rxpcditioudy tcview
lhc propored nlti3ation phn bul wlll
lot oorr !Do! | accond 3D&y
Doilfic.tioo Droccdura lf 0c let rdvenc
:ffectr of thc Droiecr {wlth lbe nltigation
Droporal) erc dctcnninrd D5r lha Dbtrlct
Dlruinecr to bc ninlrrrl the llirtn:ct
Engtm.r will pmvldc r tlocly rniltcn
rerpoorc !o tbc rpplicrnt bfddhS tl|rt
lbat lhc arolec'l caB Drlc.Gd rilcr lb.
feran rnd cirnditionr ol tba artiqrwlde
D€rEll.gl Wcihnih hlitatiotm:Wcdrnil
detiaerdonr uurt bc amgucit h
rcoodanca ilrl rhc antr:ar rcflod
rqulrtil by lbc Qorpr" Dr pcrulttec
ory erl $r f.;ugr to dalhrea $c
. rpcdrt rqurtic rtr, ltcr: any Dc ront
daley tr thc C.prfrr docr tlc dcIncr on.
hrrthanrorr, Sc l-dry pcrl,od wlll aol
.t!rt lr|til tt! rlthd'dillocrtiol hu
Dccn completcd.
$1 Mitigotion:E'Gtcr lbrt lb! lttutdcl
Eqlnccr wlll coodder rhcn
dcrcrDlnlD8 th. rcc.phbility of
rppoprte!: end prcticrblc nltlgatlon
hcludc, but ur mt llnltcd !a
O) To bc nncucabh lbc rlll3e olDul b. rYrlhH. rnd cepbh of bclng
donc conrldcdng.cotr, rrlrtlrrS
ircDmlogy, lnd hglrticr b U3frl of
ovcnll prolcct purporu:
(Z) To tbc axlcnl rpDmDrl|t?,
pcmrlttccr rhould cooaider ultigatlon
blnf irrg end othcr lsor of ultijrrlon
&rcluiltug contlbuUqu lo rcttand tsuri
tundr. rbich conrribule !o tbc
tGr torauot!. crGation r:phemrt|l
cnlmcrmruL ot F Grrr.tioo ol
retlandc.
Fu:lhcroorr. cr.npler ol nltiSgiion
llrrl ory bc rppooprlrtc rnd pr.ctic.blc
trcludc but erc mt lirttcd rc rsdudn3
lhc rLc ol tLc amlcct rrlrblbDiqS
buf:r roucr !o Fotrct rqullic rc|ourcc
reluet rnd rcphdat lbc lorr ol eguetic
rerourtc velucr t1t attrtlrS; tttlorlD&
rnd cnhandng rlnilrr fuocdonr lnd
valuer. !n eddition, Ditigruon must
rddrear lrnpectr rnd caunot bc ured to
offtcl tbe icrcage of rcdend lolser tbat
rrculd occrn ln ordcr !o meel lhr
rcrcara tlaitr ofrogrs of lba nationwide
gernilu (eg. I tcrcr of wetlandr cannol
f,c oeetedlo chrrya r 6 rcrc lotr of
*c0an& to r t rocc losr; f,owcvcr. lhc I
creebd rtlcr cur bc urcd to Pducr thc
tnpactr of lbe 0 rcac b$1.
ln rddition to thc Cicnerel Gonditiont,
the follorving conditicne rpply cnly to
rctivltier lbat invoh'c the dircharge ol
drcdged ot Dll Dltcdal rgd murt be
lotloind h ordcr lor rutliorization by
&c aatiorwidc panitr to be rilid:
LWout tWply iul,tolae. No dirdrarge
ol drcdsed or 6ll D.tetLl [.y occut ln
lhc proilnlty ol r Dubtic rvllct ruPply
lntile crcept rbcn tha dirclrugc b for
repair of tha publi c rrtcr rupply lntekc
ttructult! c rdilc.nt bar*
-.
.-.-+'_...': : .-:. '
rtabllizrtion.
Z Shclifich pfuin. No dirdra4e
ol &rdged or fill netcriel mey occur larE.i dcoocGotsrlril rhcllhrh .
goduaioa, rrrlcrr lbt ditcfwsP b-dircaly rclatcd to r rtcllfirh berwrtl43rcdvl[ rulbuircd ty utioawlilc
Slelcr nurl Dc uldnLcd or rvoldcd lo
tbe raxtmun etcot prectlcrblc lt lhc
pplect rltc 0.c. o*lic} urlct| tbc DE
Lai rpprovrd r conlxootion ult[etion
Itaa lb tbc recdfis rr$drtcd .ctlvtbt- J $p*aia ana.DldrarfPr ln
rprwirlry rrcar dudn6 ry4lDSlatfroD| Dlrl ta rnl&d lo &a - .1 .=
Drxlrnun axt Dl pncdcrblc. : : ''
t Obst1i4s1/'}i- if Hgh llo*r. To thc
Drxlmuu lxt.al inaiseblc. dhcbarycr
toult Dot trrDrncaily '!'tricl or hPcdc
ttrc pesealc ol nomrl c rrPcctcd Ugh
Oowr c ceur ths nlallon oI lhc
rrter [untcrr lLc priurry pruporc ol thc
till lr lo lsrpound rrtcn).l. Advene lnpar lmnlmpoundmen8. fi thc dircluqe crcater
rrr lmpoundmant of *rtcr. rdvcrehprdtr on thc rqurtic ty.rcn c.ulcd
brthc rebretci prrrie of rrtcr
rid/or tlrc ltltrlcd;! of fu now th.U bc
ulninized !o Sc DDdnuD cxlcnl
prectlcrblc.lWobtfutl fuodi4uanDirc[rnci hto brccdiqs rrdt for
o
Regicter /
.
l
-: ..i- -
:'.i:
: 3:'i-:.. ::;
nlgratory waterfowl Durt b! rvolded !o
lhe rnaxlnum extenl practicable.I Bemoval ol bmpomry frilL Any
Gmporaqr fill: musr b€ removcd ln tbeh
cntinety and the affecled amar rcturaed
to thelr preexirling clevation.
IFR lroc. tr-c754 Filcd tr-tt4u tls rt{
t|lrao ooct trlar{
Vo[ 6A No 226 f Friday. November ZZ rm1 I n"tfqf"a-n"g,tl"fi*
I
,
I]'ITER _ DEPARThIEHTAL RF/IEI'I
PROJECT, FOREST CLEN SUB0IU
DATE SUB}iITTED:
.]OMME}{TS ].IEEDED BY:
BRIEF OESCRIPTOI{ OF IHE PRCIPCIS,AL:
flNAL FLAT OF FOREST TJLEI'I
PUBUC \IJURKS MIKE ERAKERevf ewed b;p Dore. JUNE 10, lggz
Coryrrnenls:
1. FLE,4SI LABEL LCIT 1 OF EIGHORN ESTATES.?. SEFORE THI:; PLA.T CAN BE RECORDED ALL SUBDI\4SION BI}TJNDARY CORNERSHA\tr TO BE SET AND -IHE BLyJt{OARy ptNS, FGUND OR SEI NEED T0 BE
SHI]W}{ C'N THE PLAT. THE NORTHERLY B+UNDAR\' LIFE IS LACKING ]HIS
INFORI'4ATION. PLEASE COEEECT.3. THE Fr(IR]HEA:STERLY R-O-W L|NE OF CUR\E #2 APPEARS TO HAVE TNCORRECT
LEI.IGTHS. THE CALCULATED O"/EEALL LENGTH T'OTS I-IOT I.iArcH WIIH THE
F.DTIITION OF IHE INDI\'IDUA.L L+T LENGTHS, FLEASE CC.RRECT.+. I A.M H.AVING TROUBLE IDENTIFYING ]HE BCIUNDA.RIES DF ]HE PMESTRIAN\
FISHERMAN'S I.ASEMENT, PI-EASE LABEL 1}€ UMIT:J OF THE EASEMENTS
WITH LEADERS.5. I1-I LOT E FLEASE CORRECT THE O'VEEL,A.P OF PRII{TII.IG O1.I IHE SETBACKStl THE BEARING ltrlll BE LEGIBLE.6. THIS PLAT UILL NEED TO EE REVIEI|ED AFTER THESE CORRECTIf,NS ARE
MA.D.E ATI[} PRIOR TO APPROVAL.
75 South Fronttge Rotd
Vail, Colorado 81657
tqt -47 9 -2 1 t 8 / FAX t 0t -47 9 -2 1 66
D e p artm e nt of P u h I i c l;llork s /Tr a n s p o rt a t i o n
TO:
FROM:
DATE:
RE:
MEMORANDUM
Greg HaII 14 t.
June 2, L992Forest Glen Subdivlsion
B.
The Pub11c works Department has reviewed the Street ConstructionP]ans, Dralnage Report, Pavement Report and wetlands Mitigation
F.eport for the Forest Glen Subdivision.
The comments are as follows:
Street Construction Pfans:
A. General Notes
1.No. 18 - The roadwav name is Glen Fa1ls Lane not GIenForest Lane.
Glen FalIs Lane Plan & Profile
1. The proposed drainage culverts need to be shown on theplan and proflle sheets.
2. The extent of the cul-de-sac drainage plan needs to be
shown on the p1ans.
3. A 4t concrete drainage pan will be needed at the
i-ntersection of pri-vate road and new road.
4. A 4' concrete drainage pan and vertlcal transj-tion willbe needed at the intersection of Nugget Lane and GLen
Fal1s Lane.
5. How will the drainage from the Nugget Lane flowing from
the west be handled?
MEMORANDUM TO MIKE MOLLICA
,June 2, 1992
Paqe 2
6. The f irst three elevations on t.he prof il-e do not make
sense.
C. Glen Falls Lane Cross Sections:
1. The slope away from the shoulder needs to be 3:1 max.
2. The minimum ditch depth should be maintained through thewhole job. Station 4 & 50 is a concern.
D. Overal-l UtiJ-ity Plan
1. Are all utilities to be shown on this plan?
E. Project Entry Pl-an & Elevation
1-. Who is to maintain this once it is instal-led.
2. A Revocable Right-of-Way Permit wj-II be required.
3. Drainage from underneath the drive from the west must be
addressed.
4. Show aII drainage improvements and how they relate to thelandscaping.
Drainaqe Studv:
1. The drainage ditch will- need to be revised to reflect aditch section with 3:1 slopes away from the roadway.
2. A detail will be needed to show how the ditch transitionsinto a deeper ditch section with the 1"8" CMP.
3. The drainage from the west will need to be handled
somehol^t.
4. Revise text on proposed construction to state 3:L sIopesand roadway .rs Glen Fall- Lane.
Draft Mitiqation Plan:
1. A final acceptance of this reporl by the U.S. Corps ofEngineers will be required before the project is
approved.
MEMORANDUM TO MIKE MOLLICA
June 2, 1992
Page 3
Pavement Report:
7. On page 2, it states a CBR of 5 was used, it should be
noted that a CBR was not Performed.
2. The recommended pavement section is 3" asphalt over 7" of
roadbase - not 6".
3. C1ass 6 material should be used - not class 4.
GTIl S -LN
TOTW OF VAIL
TO:
COMPANY NAME:
75 south frontag€ road
vail. colorado 81 657
FAX PHONE TRANSMITTAI SHEET
FAX PHONE NUMBER:747 - 7337
h;k lr)ol[tcaFROM!
DATE:b.z, ?2 TIME:
# OF PAGES IN DOCUMENTS (NOT INCLUDING COVER SHEET)3 3
RESPONSE REQUIRED?
SENT BY:EXT. #
TO9{N OF VAIL FAX PHONE NI,]MBER:(3031 479-2L57
TOWN OF VAIL REGULAR PHONE NUMBER:( 303 ) 479-2100
R.onald H.I?;by
more than acalculations
March 17 . 1993
Mike MoIIica
Tin Devlin
Community Development
Town of Vail
75 S. Frontage RoadVaiI, CO 81657
Gentlemen:
I'm writing in response to your letter of 3/LI/93, Your analysis is
flawed, in that the Town of VaiI zoning regulations would not be
applicabl-e until 1I/4/74 (the date the parcel was annexed to the
Town of Vail ). Phases I & 2, comprised of 44 units and covering
2,55 acres, were conpleted prior to the annexation. Extracting
Phases 7 & 2, leaves 10.575 acres of buildable ground resulting ina total of 95 units available to be bui1t. 72 units have been
completed after annexation, leaving 23 units left to be built onthe parcel.
to GFRA wouLd produce a much larger GFRAyour letter of 3/3/93. Since there is
GFRA, it's not necessary to make the
If you need anymore information relative to this matter, please
give me a call.
Sin
Ronald H.
RHR,/chl
cerely
/t*
The same analysis relativefigure than identified insufficient
228Bndge Street, Qail,9olorudo 8t6sl . 3o3-4764togt4tso
75 Soath Frontage Roail
Yail, Colorailo 81657
t 0 3 -47 9 -21 I 8 / 47 9 -21 19
D epartment of Commanity Deoelopmcnt
March 11,1993
Mr. Ron Riley
228 Bridge Street
Vail, CO 81657
Dear Ron:
As a follow-up to my letter of March 3rd to you, and upon further review of the Timbertalls file
on record with the Town of Vail, I have discovered the following in regard to the allowed
density for Timberfalls:
782,157 sq. ft.
571,732 sq. ft.
Total Site Area:
Total Buildable Area:
The allowed density in the Low Density Multiple Family (LDMF) zone district is 9 units per
buildable acre. As I believe you are aware, "buildable area" means any lot or parcel. or
portion thereof, which does p! contain designated floodplain, red hazard avalanche area, or
areas in excess ot 40% slope. Since the buildable area shown in our files is571,732 square
feet, or 13.125 acres, this results in a total density of 1 18 dwelling units for Timberfalls.
Further, our records show that 1 16 units have been constructed, resulting in 2 units that could
stillbe built.
Although the Town's records indicate a total site area and a total buildable area for the
Timberlalls project, we are not in possession of a stamped survey verifying those numbers. ln
order for us to accurately determine the remaining allowable density for Timberfalls, it will be
necessary for you to provide us with such documentation. Until such time, the above
numbers should only be used as a rough estimate of the available density at the Timbertalls
project. lf you should have any questions, please contact me at the Office of Community
Development,4T9-2'l38. I look forward to hearing from you soon.
Best regards, ^ /ffi,n{/{'
Timothy N. Devlin
Town Planner
xc: Mike Mollica
75 Soutb Frontage Rotd
Vail, Colorailo 816J7
3 0 1 -47 9-21 3 I / 47 9 -2 1 39
March 3, 1993
Mr. Bon Riley
228 Bridge Street
Vail, GO 81657
Dear Ron:
D eprrtntent of Commanity Dev elopmcnt
,/?6-4/50,
Upon review of the Timberfalls file on record with the Town, it appears as though the following
aiea numbers are relevant to the zoning and density of the project:
Totaf Site Area: 782,157 sq' tl.
Total Buildable Area: 571'732 sq. ft.
Allowable GFIFA: 171,520 sq. ft.
Existing GRFA (3/2/93): 132,863 sq. ft-
Remaining GRFA: 38'657 sq. ft.
please let me know if I can answer any further questions that you may have.
Best regards, .,1
. , ./..t //' I
irz,,;ni,'l ,,1/'- A
Timothy N. Devlin
Town Planner
Mike Mollica
NRST AMEI\TDMENT TO
DECLARATION OF
covEhIANTS, CONDITIONS,
AND EASEI\{EI{TS OF
FOREST CLEI{
:TIIIS EIRST AMENDMENT TO DECLARA:NON iS
by Tfunbu Falls Associatcs, a Colorado general partncnhip
to the Declaration of Covenants,
Glen dated August lO, L992, and recorded Algust 19,
of the Clerk and Recorder of Eagle &onty,
$HEREAS, the Declaration created and defined
undq Article IV of the Declaration; and
1: ) )'
;,WHEREAS, for illustrative purposes only, the final
at Page 376 in the real property records of Eaglei
the location of the Private Pedestrian Access Easement
i..i'
WHEREAS, Declarant desires to amend ttre OecfarationiH
Easement created thereby and to grant a new Private
;WHEREAS, Declarant desires to amend the Forest Glm I
le tiles or slate, all in a natural color tone or slate color as't
wood shingle/shakes; urd
-' .,': ; '
i WIIEREAS, Declarant will establish herein the right of the
lts'and their tenants and invitees to use the swimmingpool, tennis
s which may also be used by others; and
.WHEREAS, pursuant tio Section 5.7 of Article V of ttre
the Declaration at any time and from time !o time so long ar
y (as defined in the Declaration); and i.,i:l
Declarant currently owns all of the Property and
:r.. NOW, THEREFORE, in accordance with Section 5.7 of Article V lp Declaration is hereby amended as follows:
*l.r:
Private Pedesfian Access Easement in its
void and ofno force or effect. The easement
.her. eto and incorporated herein logether wi0r the
' 2. Grant of Easement. A new Section 4. I of Articli
d inb the Declaration, cr€ating urd defrning c Priyato
on Exhibit B attached her€to and incorporated
4.1 Path Eascment. Lots 5 and 6 arr
,.does herely create and establish a permanent, perpetud
'ment for the benefit of all of the lots, in, on, ovetr,
that certain sfip of land (ttre 'Pool Path') on which a
sbip of land is more particularly drown on
Amendment !o Declaration and labeled as'fPrivate Perfor ingress and egress by the owners of the Ints urd the
. the invitees of such tenants between the Iots urd the
icourts and other facilities locat€d on the real prcpety s
the',east.
-2-
lparagraph 4 are intcnded to creat€ a restriction on
C afrached hereto and shall nrn with the land
be binding upon and be a benefrt to Declarant and the'suc@ssors, and assigns.
,.j5, Effect. Frcept as specifrcally set forth in this
'Declaration remains unchanged ud in full force and r
llnA* shatl hercafter be in6rpreted for all purposes as
TIMBER FALTS,
general parhership
RAD Five
Wyoming
General
I'Tho forcgoing instrument was acknowledged before mc this JZfldi
by Ronald H. Riley as member of RAD Five Limited Lidbility Com
Liability Company, General Parfier of Timber Falls Associatcs, a
,,riri,witoot my hand and ofEcial seal.
;it
My commissions expircs:tqq f
efrtt{!f!}-'; a; j
trr(hibit A - Vacated Pedestian Access Easement
Er&ibit B - Relocated Pedestian Access Easement
C - Recreational Facilities
RILEY/024
By:
RADO )
) ss.\\l,Q,l )
w rrlrrlez
of land locatedof th6 6th P.lt..,
EXEIBIT C
LEGAI., DESCRIPTIOII .
ln the sLlz oC
ly descrlbed as
Tom ot Vall,follors;8ag
hasa 8, also belng the lforthvest corner of Tfu0b€hencs S 15.29123r lf, along the weeterlf llnc otlstance o! 52.97 feet, to the Ea8terly e-Oge o!,a,izonai,tbence s 38.22.47|' l{, along elld avalanchej.3?8.6{ feet; thence N 89.57r!00n ltr 355.10 teet,;ig6sN 36.43,90n E, {59.89 teet, to thr South llne of lpt:
fu{t$s t-91i th_e1c9-s-3 3 . {4 i s8,,. -& atong the .gouth'll8j.- a dlstance of,_ 25.90 !eet; thehco along the'Ear!lorest Glen Subdlvlslon the folloylng three courseg
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Prel
FOREST GLEN
Vail, Colorado
Date: June 28, 1gg I
Fevlsed: $eptember 16, 1gg1
$eptember 20, 1991
I
1ffiffi#s.*,f1".. .*,,ffit#I$fl
A PORNON OF AN UNPLATTED 7,5 A
PAR(EL LOCATED tN tHF NE t/+ Afsw t/l oF sEcnov E 7 Fg R S^nt6H n*t. nw oF vAtL,
^aLORA^O.
10-lS-Se 0l:OBPU P0t
cNI CIUICXIS ilnl{ nou{ ndOl:t0 z6-9t-0100d
U Y,'.,-
Dennis Anderson Associates,
Landscape Architecture . Planning . Visual Communication
Transm ittal M emoran d u m
Inc.
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P.O. Box 1387
Edwards, Colorado 81632
(303) 92&2433
To: TOWN OF VAIL - DEPT. OF COMMI,NITY DEVL. DAIE: OCIObET 22, 1-992
75 South Frontage Road WestVai1, Colorado 81657
Attn: Ernst Glatzl-e Project ForesE Glen - Vail
We are sending
E Herewith
I Under Seperate Cover
Ma
E rir* ctass uait
I Express Mail
E Hand Delivered
E Foryouruse
E Foryour review
E As requested
Enclosures:
Prints of L-1 and
8-1/2 x 14" copy
L-2.of eLectrical layout.
Remarks:
We would like to locate the meter for the two landscapelights at the corners of lots l- and 2 and the road right-of-way. The meter is mounted to a 4 x 4" post aproxx 3'high.
Please call if you have any questions or cofiunents.
Dennis Anderson A.S. L.A.
I ,*#"toN REeuEsr.
PERMIT NUMBER OF PROJECT
/ .'1 . JoB NAME
INSPECTION:MON
TOWN OF
I .r.' /
.",i , / /",-
VAIL
DATE
READY FOR
LOCATION:
CALLER
TUES THUR fFRfj\_,,.'AM PMWED
BUILDING:
tr FOOTINGS
tr FOUNDATI
tr FRAMING
/ STEEL
PLUMBING:
tr UNDERGROUND
D ROUGH / D.W.V.
D ROUGH / WATER
ON / STEEL
- ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING
tr INSULATION D POOL / H, TUB
tr SHEETROCK NAIL tr
tr
tr
tr
tr FINAL FINAL
ELECTRICAL:
tr TEMP. POWER
MECHANICAL:
C HEATING
tr
tr
tr
ROUGH E EXHAUST HOODS
CONDUIT D SUPPLY AIR
FINAL
tr
tr FINAL
,.t] APPROVED
CORRECTIONS:
D DISAPPROVED tr REINSPECTION REQUIRED
DATE INSPECTOR
'12-15-92 l1:59Al[ FROlr HUUIELECIRIC INCo P03
nr.uuUtC I Spgy.
OSrFo!)$$a06t
ilf. Ernst GlrtzlcTorn of VaLl
?5 south 8roltrEs Rora
REr torclt Clau
D3AS Erntt,r talked rltb Davld regerdlng the lsetallatlon of tbePve. He etqtresssd to Ee tbet r€ rer€ unEble to get a p€rrlt
Aue to thc Archttact ne3alnE to go b:fore DEllgn and Revlffffor 5crv1e6 rtDroval . Hor6ver, the trgncl had alfEady b€en
e*cavrted 8o they lnEtrll€d Lt, laavlag a rectLon oDen foryou to ]ool3 Eg. vou [ay or n8y not r€sEll thlE sltuatl'on,of courro lt 1r nsil oovrr.d uD, 3o nr would bc heplllt to
etrpose the condutt 1n the aprlag for you to look ats.
8!.ncereIy,
aYIJJ M
E. l{alcoln xurt
DeceDDsr 15, 1992
APPLICATION FOR REVOCABLEA STRUEN'RE ON A
(Please tlTte or Print)
PERMIT TO EREEI OR UAIMAIN
PUBLIC RIGHT-OF-WAY
FencetlaIl
Landscapin
Other sT-
o*n 1- l0 ^17 Ros Rrl.y
owNER oF PRoPERT" Ti^hor#olli As^
ADDREss 3.r R F' ratt 5*
LEGAL DESCRIPTION OA PROPERTY TO BE SERVED3
r,or
-
BrrcK suBDrvrsr on Fo '4t hlt n(If neceEsary, attach description on Beparate sheet).
NNTE OF APPLICAlrl SA n,vt-
Corner lot Inside lot
DESCRTPTTON OF SIRUCTIRE OR rTEU(S) rNTO RrGHT-OF-}|AY:
curbs, intakes, hydrants, met-ers, nanho'! es, any^other affected
appurienance in the projeet area (to scale or_dirnensioned) and
sLttion(s) as well as elevations (if applicable).
oactrnent r-property line, sidewalks,
Does structure presentlY exist?)\. /)
Proposed date for coEtmencetnen-. of cons^,-i:ric',- *n I '' / 4 ' 1?
fn consideration of the issuance of a revocable petnit for the
structure above indicated, applicant agrees as follows:
1. That the structure herein authorized on a revocable pemit
basis is restricted exclusively to the land above described.
2. That the pernit is linited specifically to the tlpe of
structure described in this application.3. Ttrat the applicant shatl notify the Town-uanger, or his-duly
authorized-igent, terenty-four hours in aCvance of the time
for commencelrent of construction, in order tlrat proper
inspection may be uade by the Tortn.
4. The-applicant agrees to indennify and hold harmless the Town
"i Viii, its ofiicers, employees and agents fron and against
all liaiility, clains and demands on account of inJury, -lossoi a.rag", iircluding without linitation claims arising from
bodily injury, personal inJury, sickness, di'sease, death,
propeity ios-=-oi danage, oi any other loss ,.rf any lcind
wtralsoever, which ariie out of or are in any Danner
connectea wtttr appricantrs activitles pursuant to this
permit, if euch inlury' loss, or-danage is.caused in rhole-or in iart by, or is Liained to be caused in whole or in
part b!, the-ict, omission, error, prof-essional error,
iistaxi, negligence or othir fault of g1re applicant, his
contractor 6r tuUcontractor or any officer, enployee-or
representative of the applicant, Lis contractor or his
subcontractor. 1.ne appiicant agrees to investigate, handle
respond to, and to prlviae defense fcr and defend against,
any-such liabilityr-claims,.or demands at the sole enpense
oi'tf,e applicant. The appticant also agrees to bear all
other exiinses relating Lirereto, including.court costs and
attorney-rs fees, whethtr or not any such tialifttyr-clains'or denairds alleied are groundless, false, or fraudulent.
/0'2t,72 ,T "--^/'r/ ,t- Kr- K 1y
tApplicant agrees to procure and maintain, at its own cost, apolicy or policles of insurance sufficl.ent to ensure againstall. Iiability clalns, denands and other obligatlons assunedby the applicant pursuant to this Paragraph 4.
Applicants further agree to release the Town of Vall, itsofficers, agents and euployees fron any and all liabllity,claius, deuands, or actions or causes of actions vhatsoeverarising out of any damage, loss or injury to the applicantor to the appllcantrs property caused by the Town. of Vail,Its officers, agents and enployees while engaged l-nnaintenance or rnow reDoval activlties or any otheractivities whatsoever on Town of Vail propefty, streets,sidewalks, or rights-of-uay.5. That the permit uay be revoked nhenever it is deterninedthat the encroachnent, obstruction, or other strrrctureconstitutes a nuisance, destroys or inpairs the use of theright-of-way by the publlc, constituteE a traffic lrazard, orthe property upon vhich the encroachnent, obstnrction, orstructurg exists is reguired for use by the public; or it
Day be revoked at any tlme for any reason deened sufficient
by tbe Town of Vail.6. That the appllcant will remove, at hls expense, the
encroachnent, obstruction, or Etructure uithin ten daysafter receiving notice of any revocation of said petmit.7. That the applicant agrees to naintain any landscapingassociated with the encroachment on the right-of-way.8. That in the event said removal of the encrodchment,obstruction, or structure is not accomplished within tendays, the Town is hereby authorized to renove sane and bavethe right to make an assessment against the property andcollect the costs or renoval in the sane manner as general
taxes are collected.That the applicant has read and understands all of the terns
and conditions set forth in this application.Special conditions:
9.
10.
Ti.*u-tolE fua
b; RAo
1-/0-?3
Date
APPROVED:
245'(qL.'*Date
/bO"ro,
SJgnature of(If joint
Director o y Developnent
Director o ftrblic l{orks
Manager Date
5 i ut .,"t"w r* & t^ frr'd;.ltl;w a''w,h?
6fr 'Ou..ea,,"t Tr"rw u- -&t' !"-,{Irr/tl* 1'tu+2.'hn"our fr"* ilre"ot ^^Hrrrrorr" *"orro" u"*r*4"orrorP frat' )4'4fw",
fI.{l,
SUBDIVTSION
JOB NAI'IE
IOT BIFCK FILING
ADDRESS
The location of utilltles, whether they be nal.n trunk lines orproposed Iines, rnust be approved and verified by the followingutilities for the accompanying site plan.
Authorized Siqnature Date
U.S. West Communications
1-800-922-1987
468-6860 or 949-453O
Public Service Conpany
949-578LGary HaIl
Holy Cross Electric Assoc.949-5892
Ted Husky/Michael Laverty
Heritage Cablevision T.V.
94 9-553 0
Gary Johnson
Upper Eagle Valley Water& Sanitation District *
47 6-7 a-80
Fred Haslee
NOTE:These verifications do not relieve thehis responsibility to obtain a streetthe Town of Vail, Department of PubLic
contractor ofcut pennit frornI{orks and toin any pubLicright-of-way or easement in the Town of Vail.. Abuildino pernit is not a street cut perrnit. A streetcut permit must be obtained separately.
This forn is to verifylocation. This shouldpreparing your utilityinstallations.
* Please bring a site plan whenWater & Sanitation signatures.
service availability andbe used in conjunction withplan and scheduling
obtaining Upper Eagle VaIIey
JfufL{1*oo.un
,A __.t rr/r4/
^CJS.t".,rk_
.t
DECT,ARATION OF COVENANTS, CONDITIONS.
RESSRTSTTONS AND EASn,IENTS,OF
FORESI GLEN
THrs DECTJARATTON oF covENANTs, coNDrrroNs, RESTRrcrroNs ANDEASE!4ENTS of FoREsr GLEN (the .Declarationr) is made as of!.L992, by Tinberfalls Associates, a Coloradogeneral partnership (the ttDeclarantr)
RECITALS
A. Decrarant is owner of that certain real property rocatedin. EagJ-e cour,rty, colorado, nore particurarry ae=EriLea -on tne--attached Exhibit A (the "propertynl.
B. Decrarant wishes to provide for separate ownership ofthe rots located on the prop-rty and to price certain "".rEn"nt",conditions, restrictions and easements oir the property.
Declarant does hereby pubrish and declare that the forrowinqcovenants, conditions, restrictions and easements whicrr aie-i"i'the purpose 9f protecting the value and desirability of theProFerty shall be deemed to run with the land descrirea rl-iein,shalL be a burden and a benefit to Decrarant, its successors andassigns, and any person acguiring or owning iny iignt, title oirnE,erest rn arr or.any part of the property and improvernentsbuilt thereon, their grantees, personai relreseniiiive=l-ti.ir=,successors and assigns.
ARTICLE I
DIVISION OF REAL PROPERTY
_ _Th. Property has been platted into fourteen (J_4) lots(collectively, the 'rlots'r ind individually, a "L;t"i , such lotsbeing shown on the sutrdivision prat aepiciing the ei6perty asrecorded in the records of the crerk ana nec5rder of bagr-eCounty, Colorado (the "plat").
ARTICI.,E II
covENANTS, CONDITIONS AND RESTRTCTIONS
2-L. Further subdivision. No Lot shalr be partitioned orfurther subdivided; provided that this provision- sha11 not beconstrued to (i) rinit the right to rent or rease an entire Lot
-1-
as allowed in Section 2.3 hereof; or (ii) prohibit the ownershipof a Lot by more than one person or entity as tenants-in-common,or joint tenants.
2.2. Residential Use. A L,ot may be used for residentialpurposes-only, and may be rented for such residential purposesfor any length of tine provided that each rental shalt be rnadeexplicitly subject to the terms and conditions of thj_sDeclaration. No Lot or any portion thereof shall be used in anyway for any business, conmercial, manufacturing, mercantile,
-storing, vending or other non-residential purposes; nrovided,however, that, professionar and administrative occupations whichgenerally do not have customers or visitors shall not beprecl.uded so long as there is no external evidence of suchoccupations and such occupations confonn with all applicableordinances and are mereLy incidentaL to the use of tLe Lot forresidential purposesl and further, nrovided, that, all vehicleparking associated with such occupations takes place entireJ_y onthe applicable Lot.
2.3. Ordinance Restrictions. AII Lots and the uses thereofsharl at all tirnes cornpry with the then applicable ordinances ofthe Town of Vail, incJ,uding, without linitation, the squarefootage allowances, setbacks, height restrictions, site coverag'erestrictions, parking requirements and ottrer al-)-owanees,requirements and restrictions set forth in Ordinance No. 36,Series of 1991.
2.4. Llvestock. No anirnals nay be kept, maintained, orbred on any Lot or in any dwelling houses or structure erectedthereon, except that a snall number of dogTs, cats, or sirnilardomestic household pets may be kept on a Lot provided they arenot kept, bred or maintained for any conmercial purpose andprovided further that they are kept in such a manner as to avoidbecoming a nuisance to other residents on the property.
2.5. Nuisance. No nuisance shall be naintained, allowed orperrnitted on any part of the Property, and no use thereof shallbe made or permitted which rnay be noxious or detrinental toheal-th. No garbage, trash, leaves or other waste shall beburned upon any Lot. No lights slralt be perrnitted which areunreasonably bright or cause unreasonable glare. AII possiblesteps, consistent with the terns of this Declaration, shall betaken to minirnize fire hazards. Notwithstanding the foregoing,decorative holiday lighting shall be perrnitted. No open orexterior fires shall be permitted except for barbecue firescontained within receptacles designed for such use. Nosatellite dishes or exterior antennae sha1I be allowed except aspernitted by the Town of Vail ordinances and regarlations.
'z-
2.6. Maintenance of Lot. Each Lot and the structuresthereon shall be kept in good order and repair and free ofdebris, rubbish, trash and arr autonobiles-other than those inrunning condition and currently ricensed. No boats, trairers orrecreational vehicles shall be regularly parked or stored on anystreet' or_ on_any Lot except in a garage. No cornrnerciarvenrcres sharr be parked on any street or Lot l0nger than isreasonably necessary for the oiiver thereof to peiform thebusiness functions to which the cornmerciar venilre relates.
- 2.7. S+qqg. No-advertislng or display signs of anycharacter shalr be placed or maintained on any part of iny r.,ot.
2-9: stream and Ditch Restriction. The owners of the Lotsupon wbich the stream and overfl0w ditches to Gore creek arerocated shalr not disturb, and sharr not arlow other persons todisturb, ln ?ny manner, (i) the existing conrigrur-tion of suchstream and ditchgs, by_a"TTllg or-realigning oi other action, or(ii) the vegetation and wirdlire in the-arei" roia""inq such'stream and dLtches.
3.1.
ARTICLE III
DESIGN AND CONSTRUCIION GUIDELINES
A. rn order to create an architecturar quality whichis harmonious with the character of the area in wtiictr tireProperty is rocated and in order to preserve, enhance andprotect the varue, desirabirity and attractiireness of the Lots,no- buildingr, fence, privacy enh.osure walr, retainint r"ir-""-'other improvement or structure of any kind shall be constructed.,erected or rnaintained on any Lot, noi shall any addition to oralteration or change of any existing improveneit or structure bemade which is not.in strict cornpriance witrr the Municia;i cod"---of the Town of vail and the architecturar design guiaeiine" iorForest-Glen (the ilD-esign Guidelines'r) attached heieto as ExhibitE and incorporated herein by this reierence.
B. Within five days after submission to the Town ofvllJ.-. of plans and specifications for construction of, oraddition to or alteration or change of, any improvement of otherstructure on any Lot, notice of srfch subni3sioir sharl be sent toarl- owners of Lots by certified rnair to the respective addressesof such ohrners as risted on the Eagre county relr property taxro11s.
-3-
C. Each owner of a Lot shall have the right to enforcethe covenants and requirernents set forth in this aiticte.
3.2: No Well_s._-Septic Sv?tens. No water wells, cesspoolsor septic tanks shalL be perrnitted on any Lot.
. 3:1. Temperary Structures. No temporary structure, such asa trailer, nobile horne or tenT sharl be permitt.a on any r.,ot,except ag +ay be determined to be necesslry during construction?$_:p""ificallv. authorized_by-the Town of Vail ii writinj-ina--:.n accordance with.the regulations of the appropriategovernmental entities.
3.4. Continuitv of Constructl_on. AII constructioncommenced on a Lot =+?l+ be dirigently pursued to cornpletion andshall be comp]-eted within twelve-nonths-of conmencement unressexception is granted in writing by the Town of VaiI.
3.5. .Storacre gf.Materials and Equipnent. During anyconstruction on a r.,ot, construction rnateriars and eqriiprnLnt naybe stored only on the applicabre Lot. such materiais inaeguipment sharl be neatly stacked, properly covered and securedand are the responsibility of the ovrner of such Lot and thecontractor. owners of Lots and contractors shalr not disturb,damage, trespass or store rnaterials or equipment on other Lots.
.3.6: Debris and Trash Rernoval. Owners of Lots andcontractors shall crean up arr trash debris on the constructionsite at the end of each diy. Trash and debris shall be rernoved.frorn the site at reast once a week to the closest sorid wastedisposal site approved by Eagle county. owners of Lots andcontractors are prohibited from duurping, burying or burningtrash any\^rhere on the property.
3.7. Sanitary Facilities. Each Otrner of a Lot and eachcontractor shalr be responsibl-e for providing adequate sanitaryfacilities for construction workers.
3.8. Restofatipn or Renair of Other pronertv Damacred.Damage or scarring !o other Lots and improvements thEiEon,driveways or other improvements is not permitted. rf any suchd-amage occurs, it will be repaired promptly at the expenSe ofthe person causing the same.
3.9.. .Cornpletion.of Construction. Upon completion ofconstruction of any irnprovements on a Lot, the building siteshalL be creaned up. The cutting of trees for the conitructionof improvements shall be kept to a mininum so as to naintain the
-4-
natural environment of the Property to the greatest extentpossible; provided, however, that clearings of reasonabLe sizeshall be pernitted for yards and gardens.
3.10. Utility l-,ines. All telephone, television, water,seirer, gas, and other utility lines to be extended into theProperty, and all extensions of the existing eLectric line intothe Property shall be placed underground.
ARTTCLE IV
E,ASM|IENTS
Lot 5 is hereby subject to, andDecI-eate and establisb a permanent,perpetual and nonexclusive easement for the benefit of aII ofthe Lots, in, on, over, under, across and through that certainstgip of land (the t'Pool Path'r) on which a foot path is 1ocated,which strip of land is more particularly shown on thesubdivision plan attached hereto as Exhibit C and incorporatedherein by this reference and labeled as rtprivate FootpalhEasenentrr, for ingress and egress by the owners of the lots andtheir tenants and invitees and the invitees of such tenantsbetween the Lots and the swirnming pool , tennis courts and otherfacilities located on the real property adjacent to the propertyto the east, which real property has been burdened by aneasement for the benefit of the Lots pursuant to the terms of acertain Easement Agreement rnade by Declarant and recorded on orabout the date of recordation of ttris Declaration.
4.2. Easement Obliqations. The owners of the Lots shall bejointly responsible for naintaining and keeping the pool path
and the improvements and landscaping located thereon in goodcondition and repair and all decisions relating to the pool path
and the obligations of the owners of the Lots with respectthereto shall be made by a vote of owners owning a majority ofthe Lots. A1l- costs and expenses relating to the pool path,
including, without lirnitation, costs and expenses ofmaintenance, repair and replacement of improvernents andIandscaping thereon and any capital expenditures rel-ated theretoapproved by the orrners of the Lots as provided above shall bedivided equally amonlt such owner, except that any expense orliability caused by the negligence or wiLlful act of any ownerof a Lot or his tenants or invitees or the invitees of suchtenants shall be borne solely by such ohrner, tenant or invitee.
4.3. Drivewav Easement. Lots LO, LLt L2 and 13 are herebysubject to, and Declarant does hereby create and establish aperrnanent, perpetual and nonexclusive easement for the benefit
-5-
of L,ots 10 and 11, in, on, overr under, across and throug'h thatcertain strip of Land (the rrCommon Driveway and Utility
Easementrr) depicted on Exhibit C and labeled as f'Private
Driveway Easementrt. The easement shall be for driveway purposes,vehicular and pedestrian access and ingress and egress to andfrom the Lots 10 and 11 for the use and benefit of the owners ofthe Lots 10 and 1l and their respective tenants and. invitees andthe invitees of such tenants. There is also created anunderground easement for util-ities including water and sewerservice. The owners of the lJots 10 and 11 shall be jointlyresponsible for naintaining and keeping the Cornmon Driveway andthe improvements and any landscaping thereon in good conditionand repair and aII decisions relating to the Comnon Driveway andthe obligations of the owners of the Lots 10 and 11 with re-pectthereto shall be rnade by a unaninous vote of the owners of theLots 10 and 11. A11 costs and expenses relating to the CommonDriveway, including, without limitation, costs and extrlenses ofsnow retnoval, maintenance, repair and replacement ofimprovements and any landscaping thereon and any capitalexpenditures related thereto approved by the oarners of the Lots10 and L1 as provided above shall be divided equally arnong suchowners, except that any expense or Liability caused by thenegligence or willful act of any owner of any Lot or his tenantsor invitees or the invitees of such tenants shalL be bornesolel-y by such or,rner, tenant or invitee.
ARTICIJE V
GENERAI, PROVISIONS
5.1. Enforcement. Each provision of this Declaration,including without limitation, ttre provision of Section 3.1hereof, shall be enforceable by any owner of any Lot by aproceeding for a prohibitive or nandatory injunction or by asuit or action to recover darnages. If court proceedings areinstituted in connection with the rights of enforcernent andrenedies provided in this Declaration, the prevailing partyshalL be entitled to recover its costs and extrlenses inconnection therewith, including reasonable attorneyts fees.
5.2. ,Jurisdiction. Each owner of a Lot hereby agrees thatany and aII actions in equity or at law which are instituted toenforce any provision hereunder shall be brought in and only inthe courts of the County of Eagle, State of Colorado.
5.3. No Waiver. Failure to enforce any provision of thisDecLaration shall not operate as a waiver of any such provision,the right to enforce such provision thereafter, or a waiver ofany other provision of this Declaration.
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5.4. Exercise of Riqhts. Any exercise of any right grantedhereunder by an owner of any Lot. incLuding but not 1imited to,the use of the easements established herein, shall be exercised,in a manner which shall not unreasonably hinder, inpede orimpose any burden upon any other ownerrs use of his tot or theeasements estabLished herein.
5.5. Notice. AII notices or dernands hereunder intended tobe served upon owners of Lots shaLl be eent by certified mail,postage prepaid, addressed in the name of the applicable ownerat the nailing address for such owner listed in the Eagle countyreal propelty.tax rolls. In the alternative, notices rnay bedelivered if in writing, personally to owners of Lots.
5.6. Duration. Each provision in this Declaration which issubject to the laws or rules sonetimes referred to as the ruleagainst perpetuities or the rule prohibiting unreasonablerestraints on alienation shalr continue and remain in furL forceand effect for the period of twenlv-9rg ,(21) years forrowing thedeath of the survivor of the now lawful living descendants 6fCharles, the now current Prince of lrlales, or untiL thisDeclaration is terminated as hereinafter provided, whicheverfirst occurs. AII other provisions contained in thisDeclaration shal1 continue and rernain in full- force and effectuntil January 1 in the year 2O1B A.D., and thereafter shall beaut-omatically extended for successive periods of ten (lO) yearseach.
5.7. Arnendment and Termination. This Declaration may beamended or ter:ninated at any time and, in the case of arnendrnent,frorn time to time, (i) by Declarant, or his successors orassigns, if Declarant, or such successors or assigns, then ownsall of the Property, or (ii) by the vote of the owners of atleast, 10 of the Lots, including Declarant, its successors orassigns, as to any Lots then orrmed by Declarant, or suchsuccessors or assignsl provided, however, that, this Declarationmay not be terrninated without the prior written approval ofDeclarant, or its successors or assigns, if Declarant, or suchsuccessors or assigns, then owns any Lot. No amendnent ortermination permitted under this Section shall be effectiveunless the anendment or termination docunent (A) expresslyrefers to this Declaration, (B) has been signed by Declar-nt,its successors or assigns, in the case of an amendment ortermination rnade in accordance with the provisions ofsubparagraph (i) above or by the owners of at least three Lotsin the case of an arnendrnent or termination mad,e in accordancewith the provisions of subparagraph (ii) above (each of whicholvners shalL certify on such document that same complies with
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the provisions of thls Section), and (C) has been recorded inthe real property records of EagJ.e County, Colorado. Any
amendment or termination made in compliance with the provisionsof this section shall be conclusive and presumed to be valj.d asto any person retying thereon in good faith and shall be binding
upon all owners of Lots and all other persons and entities boundhereby, lrhether the burdens thereon are increased. or decreasedby any such amendment and whether or not such owners or otherpersons or entities consent to such amendment or termination.Notwithstanding anything to the contrary set forth above, solong as Declarant, j-ts successors or assigns, oltrns any of theLots, this Declaration cannot be anended to rnodify or elirninatethe easements and rights reserved to and/or established for thebenefit of Declarant without the prior written approval ofDecl-arant, its successors or assiltns, nor rnay this Section be
anended without the prior written approval of Declarant or itssuccessors or assigns; and any attenpt, act or purported
anendment to do so shall be null , void and of no force oreffect.
5.8. Effect of Provisions of Declaration. Each provisionof this Declaration, and any agreenent, promise, covenant andundertaking to comply with each provision of this Declaration,
and any necessary exenption or reservation or grant of title,estate, right or interest to effectuate any provision of thisDeclaration: (i) shall be deemed incorporated in each deed orother instrunent by which any right, title or interest in anyportion of the Property is granted, devised or conveyed, whetheror not set forth or referred to in such deed or otherinstrumentl (ii) shall, by virtue of acceptance of any right,title or interest in any portion of the Property, be deemedaccepted, ratified, adopted and declared as a personal covenantof the grantee of such right, title or interest and, as apersonal covenant, shall be binding on such grantee and hisheirs, personal representatives, successors and. assigns; and,shall be deemed a personal covenant to, with and for the benefitof each other grantee of any right; title or interest in anyportion of the Property, and (iii) shall be deerned a real
covenant by Declarant, for itsel-f, its successors and assigns,and also an eguitable servitude, running, in each case, as aburden with and upon the title to each and every fee sirnpleestate comprising the Property.
5.9. Persons Subiect to Decl-aration, AIl present andfuture owners of Lots and their tenants and all- other occupantsof Lots shall be subject to and shall conply with each and allof the provisions of this Declaration. The acceptance of a deedto any Lot, the entering into of a lease or sublease of any Lot
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and/or the entering into of any other occupancy and/or use ofany L,ot shall constitute an agreement and assent by theapplicable onner, tenant or other occupant or user that each andall of the provisions of this Declaration, as the same may beamended from tine to tlrne hereafter, are accepted and ratifiedand are binding upon such owner, tenant or other occupant oruser.
5.10. Joint Ownership Lots. In the event of jointownership of any Lot, the liability of the persons or entitiescomprising sucb ownership strall be joint and several.
5.11. Establishnent of Easenents. All of the easementsestablished in this Declaration shall be deemed to be,established upon the recordation of this DecLaration and shallrun with the land and burden the applicable portion of theProperty to which such easements relate and shalt be appurtenantto the Lots which such easenents specifically benefj_t hereunder.
5.L2. Easements for and Riqhts of Declarant.Notwithstanding anything to the contrary contained herein, thereis hereby established and reserved. to and for the use andbenefit of Declarant, its successors or assigns, for so long asDecLarant or such successors or assigns shal_l_ orrrn any portion ofthe Property, together with the right to grant the same toothers, such easements, rights and rights of use in, ove!,under, across and through the l,ots as are or may from tirne totine be necessary or d.esirable for Declarant, its successors orassigns, and their respective agents, architects, contractorsengineers, enployees and Realtors to excavate, grade, construct,build, develop, landscape and complete site improvements on theProperty, including, without liraitation, dry landscapinq aroundor relocation of the streams, ditches and. other drainage areasinto Gore Creek, and any maintenance and construction ofelectrical, teJ-ephone, television cable or water, gas andsanitary setrer lines. Furtherroore and notwithstanding anythingto the contrary set forth herein, Declarant, its successors orassigns, and their respective agents, architects, contractors,engineers, employees and ReaLtors shal} have the right at anytine and frorn time to time for so long as Declarant or itssuccessors or assigns shall own any portion of the Property, to(i) construct and maintain any tenporary construction office orother structure or improvement and to bring, store and rnaintainany trailer, other temporary structure, signs, constructionmaterials and equipment on any portion of the Property owned byDeclarant or its successors or assigns in order to conduct andfacilitate the construction of site inprovements on theProperty, and (ii) conduct such activities on the portion of theProperty then owned by Declarant, or its successors or assigns,
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as Declarantr or such successors or assigns, shall- d.esire, inits sol-e subjective opinion, to advertise, show, market, andsell Lots and construct site irnprovementssubject to the regiuLations and ordinances
5.13. No Representations or Warranties. No representationsor warranties of any kind, express or inplied, have been givenor made by Declarant, its suceessors or assigns, or theirrespective agents, employees or representatives in connectionvith the Property or any Lots, its physical condition, zoning orother legal classification, va1ue, fitness for intended use, norin connection with the subdivision, sale, operation,maintenance, taxing or regtulation thereof, except as rnay bespecifically set forth herein.
5.14. No Third Partv Beneficiaries. No person or entitynot specifical-Iy referred to herein shall be deemed to be abeneficiary of any of the covenants, easements or rights hereinset forth and no such person or entity shall be entitled toenforce any of, such covenants, eaaements or rights.
5.15. Severabil-ity. fnvalidity or unenforceability of anyprovision of this Declaration in whole or in part shall notaffect the validj.ty or enforceabifity of any other provision orany valid and enforceable part of a provision of thisDeclaration which shall remain in full force and effect.
5.16. Captions. The captions and headings in thisinstrument are for convenience only and shall not be consideredin construing any provisions of this Deslaration.
5.17. Construction. When necessary for properconstruction, the masculine of any word used in this Declarationshall include the ferninine or neuter gender, and the singularthe p1ural, and vice versa.
5.18. coverninq Law. This Declaration is made and executedunder and shal"l be governed and construed by the laws of theState of Colorado.
IN WITNESS WHEREoF, the undersigmed being the Declarantherein has executed this Declaration on the day and year first
above written.
DECLARANT:
TIMBERFALLS ASSOCIATES,a Colorado generalpartnership
onof the Property,the Town of VaiI.
ATTEST:
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By:
STATE OF l ss.
couNTY oF _l
The foregoing instrument was acknowledged before ne thisday of , 1992 byof Tinberfalls Associates, aCoLorado general partnershj-p.
Witness rny hand and offj.cial seal.
My comnission expires:
Notary Publ-ic
a=
,/declfore
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EXHIBIT A
LEGAT DESCRIPTI0fl- PrEcl I
| !!.ct of lrnd lilng In tJra 5/2 ol Sccflon l?. TSS..R.80t-, of thc 5th P,fi., Erglc @unty, CotoraO6, ' -
rlrr prrtlcslrrlt dascrlbcd ss follor,3:
Eegfnntng !t th. Easterly corncr of Lot 5.Elghorn Subdlvlslon Fourti Addttlon;
ticnct 5 57'00' 00' E. 2{t.00 flrt dfstrnc!;
'thcncc 582'00' fit' E, 12.96 fret dl3trnccto tha llort lerstcrly corncr of tj|c truct
h?reln dcicrlbcdS
Utcnce 535'43' 001t, 706.11 fc€t dlstrnc.to th! Soutier5terly cornrr of th! tracthcrli n dcacrib.d;
thencc ll 3t44'58' if. 475.35 feci dlstancrto thc Soutirrstcrly cornar of thr trlcticr€ln dascrilcd:
thcoca l{ E, 115.27 fret dlstrlca. to tl'tr llorthr.sterly corncr of tie trrctirEin dcscri bed i
th?nc! 554'30'00- 8.68.92 fr€t dlstrnc!to r pol nt i
thrnc! 5 5l'00' 00'E, 155,00 fect dtstlnc!to th! placc of bcginning;
DGnXER ytTN rn.rjs!.nt across r ltrip of lrnd flftv fect'ln rldtlr rlong rnd prrallel to t,ic rast boundrry llnc-ofL.t {,'Etghorn Subdiyislon Fourti Addltlon.
SITBJECT T0 | rl-oht of xry for publlc rord grrnted ovcrth! c.st!rly_50 fcet of Lot 4, Btghorn SubdlvlslonFourtt Addltlon lnd I rlght ofrri for publlc rcad ovcrthc follorlng dlscrlbcd portiot| of the rbovr dascrlbcd laadl
- - A. trrct of-lrnd lylng ln tne S/2 of Scctfon lZ, Tomshlpt soutrr Rrnge g0 lcrt of Ur. 6th p.lr.. Eaql: countv.Colorrdo. Dr! p.rtlculrrlt d.tcrtbcd .3 fdl lo$; ' '
tEG,lL 0ESCRIPTIOI| - prrccl 2
- f.prrcll ot lrnd slturted ln tha'soutf onc-h'rl f-.of_ Scctton l?,Illt!1p.,:, :"r!!,. rrnsr 80 ycst. ir-uri-srro-piiriiriir -ilrrairnr.
rdn-ot _tll l. tlglC Countyr Colorrdoi rrld prrccl bGlng |!r! partlc-!lrrly drscrlbcd !3 foll6rr:
- .lcgtll!lg at-thr Soutj|clstcrl| corncr of Lot g, Blgiorn SubdtvlslonFourtb.Addl tlon; lhnc! rlong tic iouti itnc oi-irij iudC'ivtston ttre- -"
fol lodng ho couFsc3:l. 55'7.00,00.8 | dlstrnce of 210.00,:2, SAZ:00'00.E r dlrtrncc of 90.00,:'lnenct tcrytng sttd soutr ltnc.5 31.J5.25.lf. dl3tlncr ;f 155.19,iIhcncr 5_39'4?'3311 ! dtstrnc! ot l3l.9l,i ncnce- je i;iZ;iS'tl r dlitrnccof 177.17':_Thrnce t{13.44.S8-H I dlstrncc of ioi-ei;-to-r-portt on tie:::: jl". of .Lot l. Blghorn Estar€s; ncnci nj:-jo;oO;i iting'irii --'-
.:l:l^l!l!. f.d!:tanc! of 35B.lt' ro I potnt on trrc southcrsteilyBrgnt-of-ety llne of- u99ct Lanr; lhencc rlong srld Rlght-of_riy. 94.99,rlong !!c-drc.of.r 65.00' radlus curyc- to urr lcft rhosc tong ciordb!!rs ,t55'10'3e'8, r dtstrncr of 79.06, to r-poini oi-iiniinic.il 'ncncc
contlnulng rloag sald Rlght-of-Hry, 1flg.43'00i.8 r Cistinci ol lA.lt,r0 | pornt 0n thr 30uth llm of sald glghorn Subdlvfslon. Fourt} AddltlonThence rlong satd sourt un!, SO4oJ0,00;E I dt3tlnca oi'SO.eO,irnence-conrtnutn9 atong Eafd sorrth llncr SSlo00!00.E r dlstance of155.00' to the pofnt oi Bcainnlng, coniiining-iZs.Zld-sq;;;c fc.t or7.500 acres. mre or l.ss--
Th? b.rrings and-dlstlncls uscd ln thls dcscrlptiotr xcra d!rlvcd fronrnc rin6l plrt 0f Etghorn subdlvlrfon, Fourth Additlon. Ihfs dcacriptlondoes not represent r flild survey.
LECAL D€SCRIPTIoII-. Parcel 3
_ A.pircel of l.nd slturtrd ln the south onc-half of S.ctlofl lZ,TornshJp..5.south,-Rrnge 80 g?st, of thc 5irtn irtniipif iiitcl"nl -
Io{n,of-Vril,.E.gle County, Colorado; sald plrcct bclnq moraprrtrcutarty dcscrlbrd rS tollorsi
- Beglnling at the ltorthcrsterly cornGr of Lot l. glohornEstates: Thcnce 31.95' rlong the irc of r CS.OO; iiaiui"iur"e roth! left-yhose long chord bcrrs 1t79o33,09.t ! dlst.ncr of !1,53.:Thcnce s5Eo?4,00"8 r disr!nc! of 183.8t;; niair-ijl;ie ;iroiu r distrncc0f 466.31't lhence lt33o{4.58.H I dtrtlnc! of Z?j.80, to a Dolnt ortir rrst llne of sald Lot I. llghorn Estrtcs; Ihcnic trif;f6'OO.fllong-srld €r3t llne r dl3t!nc! of l5g.U, to thc polnt of g.ginnlng.cortilnlng 2.000 rcrlj,lrrt or lcss.
. .. Thc-bearlngs -|'|d dlstrncls used,ln urls dcscrlptlon xcrcdlrlvrd fron thc flnrl pllt of glghorn Subdlvlston, Fourth Addltlon.Inr3 drscrtptton docs not Eprcsant I fl?ld 3ury?y.
l?glnittng rt th! Sout'I!.trrly corner oftot 5. slcHoRtt SUs0IYI5l0r FOJRn ADoITIoI,tirnca ll 64'30100'y 18.12 f.ct.long thrSouticrlt llne of Lot I of srld Subdlvlslon;tlcncr S 3l'16'00' L ll7.l4 f?!t to r polnt'oaeffiia'fiJfr:s*str#tffirid noillcf,s trrl/ .long lrrc'irc of .seld 65 fo-otrrdlur cuF r 84.99 t?rt.t'o r .pq!n!..9f t|ngrntith.nc! || t8'{3'oo' e rs.:i7Ct'!til or tirs iothc polni of bcalnnlag. cont!lnln9 0.fl'74lcrrt rora or lcss. for rcrd purposat. ".;,
llls dcscrlption ncordcd rs rlclptlon tlZC/ff,S olCounty rccordr.
;.i 'l .:.;
EXHIBIT rB|l PFnTMAYlltgg2
FOREST GLEN DESIGN GUIDELTNES
A. General./Intent
l-. It is the responsibility of each lot ovrner to understand andcomply with Town of Vail Zoning reguirernents which includeregulations regarding architectural and landscape designguidel ines.
2. These regulations and guidelines are intended to supplementthe Townts regulations and guidelines and where any conflictoccurs, the most restrictive provision shall govern. Thesequidelines shall be utilized in conjunction with the To\.{n ofVail oesign Review process and are meant to reinforce thenatural beauty and quality of Forest clen.
B. Architectural Guideli-nes
L. fntent. The intent of these architectural guidelines is toencourage individual- expression in the design of each homewhile at the same time setting forth some basic criteria
which will provide a certain level of consistency throughoutthe development.
2. Roof Forms and Materials
a. The roof forrn and materials are a major element ofbuilding form. In order to provide a compatibility
among the 14 homes within Forest Glen only thefollowing roof shapes are permitted within Forest clen:
- Gable Roof
- Partial Hip Roof- FuIl Hip Roof
b. The minirnum roof pitch shall be 6 feet in l-2 feet.
c. A11 roof materials shall be natural wood
shingle/shakes.
3.
d. Roof overhangs protect wallssnow and rain and contributeRoofs shall overhang walls alinited instances where suchpedestrian movement.
WalL Materials/Exterior Finishes
and wall openings fromto a buildings character.
minimum of 24tt, except inoverhang would restrict
a. Wall materials and finishes can lend visual interest toa home. with the exception of log hones in ForestGlen, all homes shall have exterior walls comprised ofat least two rnaterials with at least 2OZ of the wallsurface covered by the secondary material . No morethan three different wa11 materials shall be utilizedupon the exterior of any home. owners are encouragedto utilize a combination of natural materials such aswood, Iog, stone and stucco finishes. on wood surfacesonly transparent stain of natural earth tone colorsshall be utilized. No painted wood surfaces shall beall-owed. A1l exterior colors sha1l be natural, mutedearth tone colors.
b. The following exterior materials shall be prohibited:
- concrete block- brick- ceramic tile- aluminum or plastic siding
- steel siding- simulated stone or wood
- asphalt or hardboard siding
c. ALI windows shall be comprised of clear glass orstained glass. No green tinted windows shall beperrnitted.
Utility Boxes,/Meters
a. A11 utility meters/boxes shall be concealed from view
frorn the street and integrated into the overall designof the home.
Trash Enclosures
a. No free standing enclosures for trash shal-l beconstructed upon any lot. A11 trash storage areassha]l be designed to be integral with each home.
6. Garaqe
a. Each home shall contain a garage capable of enclosingat least two autornobiles.
Landscape Guidelines
l-. Intent. Ttre natural landscape of Forest Glen is one of thesiters most irnportant qualities. Developnent of the site
must not destroy this quality but shoul-d enhance it. Thegoal upon each site should be to protect and entrance as muctrof the natural vegetation upon each site as possible when
designing a home. To enhance the existing natural
landscape, planted vegetation shall compliment native
species and be compatible with existing environmentalconditions. Care should be taken to protect existingvegetation to be preserved during construction.
2. Plant Material Sizes. In order to ensure that planted treematerials survive and have a pleasing appearance, the
minirnum tree sizes at the tine of planting shall be:
a. Deciduous trees: Minimurn 2 I/2 tt Caliperb. Conf iers: Mj-nimum 8 t height
3. Drivewav Surfaces
a. Permitted materials for driveways are asphalt, unitparers, or concrete. If concrete is used it shall be
colored in natural earth tones.
4. Culvert openinqs. When culverts are installed under
driveways which access Forest Glen Drive, their openingsshall be faced with natural river rock stone masonry. Thegoal is to conceal the metal culvert ends from view from the
road.
6. Fences. Fences that arbitrarily foIlow individual lotproperty lines sha1l not be perrnitted. Wtren utilized to
enclose lirnited portions of a yard, fencing should be of a
design and scale that is conpatible with the architecture ofthe home and landscaping.
a
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PI-ANNING AND ENV]RONMENTAL COMMISS]ON
June 8, 1992
Pressnt
Greg Amsden
Ghuck Crist
Diana Donovan
Kathy langenwalter
Dalton Wlliams
Abent
Gena Whltten
Staff
Kristan Pritr
JillKammerer
Andy Knudtsen
Mike Mollica
Shelly Mello
Mary Caster
1.
The meeting was called to order al12:45 p.m. by Chairperson Diana Donovan.
Worksession on progrsss made on the Town of Vail Water Quality Study for Non-Point
Source Pollution.
Presenters: Lane Wyatt, Northwest Council of Govemmenls
Susan Scanlan, Town of Vail
The PEC viewed a video which explained the basics of non-point source pollution.
Staff then explained the progress of the sludy to date and tho direction to be followed
in the future. A general question and answer session followed to address
specifications.
A request lor a worksession for a minor subdivision and a zone districl change lrom
Primary/Secondary Residential to Low Density Multiple Fami[, for the Schmetzko
property, generally located at2239 Chamonix Lane.
2.
Applicant:
Planner:
Erich Schmetsko
Andy Knudtsen
Public Hearino
3. Kathy langenwalter made a motion to adjoum to Execx.rtive Session and Dalton
Williams seconded the motion. A unanimous vote nras tiaken and the Planning and
Environmental Commission then adjourned to go into Executive Session to cliscuss
legal matters with Larry Esh'yith, Town Attorney.
4. The next item on the agenda was a refenal for TOV Comments from the United States
Forest Service Regarding a Proposed Request for an 80' Tall Tower to be Erected at
the End of the Bunaway Truck Ramp in East vail.
5. Snow removal plan lor this dining area must be approved by the Public
Works Department. Applicant may be responsible for snow removal.
The PEC further requested staff ask the DRB to closely review the quality, color and
material ol the umbrellas, tables, pob and plant matedal.
Chuck Crist seconded the motion. A vots was taken and the motion passod
unanimously, $0.
7. The next item on the agenda rvas a request for a Conditional Use Permit, to alloAt a
use not conducted entirely within a building, specifically, the exterior sale ol produce,
at Cuitre, Cascade Grossing Retail Center, 1031 S. Frontage Road West.
Applicant: Vail Enterprises, Inc. representsd by Wlliam VonSchneidaw
Planner: Andy Knudben
Andy Knudtsen, Town Planner, presented this item to the Commission, stating that the
applicant intended to put a farmer's market operation oubide of his business location
in Cascade Crossing Retail Center. Andy stated this would be in operalion until
November 1, 1992. The addition of the tent and bins would take up two parking
spaces from the retailcenter. Additionalsignage would not be allowed. The
Commission questioned the applicant on the use of the red and white sfip€d tent. The
applicant stated that the tent would not be used on a regular basis, as he used the tent
in his catering business as well. Dalton Williams stated that he didn't feel specific days
ol operation should be limited and lhat he approval should be for 7 days a week.
After some discussion, Greg Amsden made a motion to approve the request with
conditions as outlined in the statl memo and amended by Dalton Wlliams.
Specifically, the conditions were :
1. The applicant shall not erect any advertising signs.2. The applicant shall not use more area than 20'x20'tor the tent and sale of
produce.3. This conditional use is valid until November 1, 1992.4, The applicant may operate the conditional use seven days a week.
Ghuck Crist seconded the motion. A vote was taken and the motion Passed
unanimously.
8. A request for a major subdivision, Forest Glen, located on an unplatted 7.5 acre parcel
generally located east of Nugget l-ane and south of Gore Creek.
Applicant: Timberfalls Associates, Ronald H. Riley
Planner: Mike Mollica
The applicant had not arrived as yet and the Commission moved on to the next
item on the agenda.
9.A request for approval ol a modification to the final phase at Vail Point, 1881
Uonsddge Loop RoadAot 1, Block 3, Uonsridge Filing No. 3.
Applicant: Steve GenslerA/ail Point Cordominium Association
Planner: Jill lGmmerer
Jill Kammerer, Town Planner, reviewed he stiafi memo with the Planning Commission.
She staled that this item would be reviewed by the Vail Town Council on June gth. Jill
reiterated the modifications that had been made to the development plan and the
recreation amenities package, induding a tot lot to be constructed. The applicant was
also present at the hearing and voiced his consent to all conditions ol approval. After
some discussion, Dalton Williams made a motion to approve the modifications to Vail
Point and Chuck Crist seconded the motion. A vote was taken and the motion passed
unanimously, 5-0.
A request for a major subdivision, Forest Glen, located on an unplatted 7.5 acre parcel
generally located east of Nugget Lane and south of Gore Creek.
Applicanl: Timberfalls Associates, Ronald H. Riley
Planner: Mike Mollica
Mike Mollica reviewed the proposed request, stating that the proposal would reduce
the overall density on th€ site, mitigate the potential debris ha'ards and landscape the
entry to the project. Mike stated that the applicant had been very cooperative with the
Town in following through with the project and that all the issues had been resolved in
the SDD preliminary plan. Staff recommended approval of he request, wih the
conditions that the plat would not be signed until the school fee was paid, the
Subdivision lmprovements Agreement was executed, and the wetlands issue is
resolved. Mike stated that Ron Riley, the apflicant, is working with the Gorps of
Engineers to resolve the wellands issue. After conlinued discussion, Dalton Williams
made a motion to approve this request for a major subdivision per the staff
memo/conditions of approval. Chuck Crist seconded the motion. A vote was taken
and lhe motion passed unanimously, 5-0.
A request lor a setback variance to allow the construction of an entry gate at the
Peterson Residence, 332 Beaver Dam Gircle, Lot 6, Block 3, Vail Village 3rd Filing.
Applicant: Jay K. Peterson
Planner: Andy Knudtsen
Andy Knudtsen, planner on this project, reviewed the request with the Commission,
stating that the goal of the applicant was to construct an entry gate leading to the
entrance of the secondary unit and to accenluate he pathway at the front. The stalf
recommended denial of this request based on the Criteria and Findings section of the
statf memo dated June 8, 1992. lt was slaff's belief that there was no physical
hardship or extraordinary circumstance that would justify a variance. Statf believed
that the goal of the applicant couH be achieved by changing the design in such a way
that no variance would be needed. The staff and he Commission both complimented
10.
11.
t
Date: :f z6 2>-'
comments 41a"/ *raot -t1/ -i a*- oJ cz:* ay'
( C'"sd Zl'4€/S ' A7e/:"*o- 4'"'7 (/FC 4z''"'-4- zO ''l
\ ,er;t':rra';&-
) aau F,4 s 4a.v' 4 /2..ro,r,<_/-, ..71 ".v. /r,.a,\4? c:-L;:-t ----"t -"a-- v'24
( <-..4a/z<-/^-s t u/'-Z ,P<>Y1t '
Date:
Date:
/ ) I7, -r./, a_.Jog, r',,o,.,</L ..71 ".v.,,,-4..+7? c-1-a.t.---.-,-'a-- 4''4
/ ( a-26-/zz'z^J t uz;-Z ,Po=A '
t\ POLICE DEPARTMENT
\-\ Reviewed by: Date:\
\ conments:
\\.tl,lc('-z ,Q^ 4/41 )4* */ ?,t^ Sr....-. , A
?*z'%
142ll,tn
@oMAr2^
PRoJEcr Faq* G/b . .su(
DATE SUBMITTED: *5. /('?Z DATE OF PUBLIC HEARING 6'7,72
COM}4ENTS NEEDED BY: 6 2?.72
BRIEF DESCRIPTION OF THE PROPOSAL:
/rl* a"/_t;_;.;
/
PUBLIC WORKS
Reviewed by:
Comments:
RECREATION DEPARTMENT
Reviewed by:
Comments:
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that he Planning and Environmental Commission of he Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of
the Town of Vail on June 8, 1992, at 2:00 p.m. in the Town ol Vail Municipal Building.
Consideration of:
1. A request for Conditional Use - Outdoor dining deck in CCll
395 E. Uonshead Circle/Lionshead Parking Structure Auxillary BuildingA/ail Lionshead,
1sl Filing
Applicant: Avon Subs, Inc./Subrray represented by Jim Gomerford
Planner: Jill Kammerer
2. A request for Conditional Use to allow a use not conducted entirely wilhin a building
(exterior sale ol produce), 1031 S. Frontage Road WesVLegally described as:
A parcel of land located in Section 12, Township 5, South, Range 81 West of the
Principal Meridian, County of Eagle, State of Golorado, more particularly described as
follows:
Commencing at a point on the norherly right of way line of U. S. Highway 6,
whence the northeast comer ol said section 12 bears north 38 degrees, 07
minutes east 876.99 feet; thence south 73 degres, 45 minutes west along said
northerly right of way line a distance of 75 feet to the true point of beginning;
thence north 16 degrees, 45 minutes west to the south right of way line ol
Interstate 70; fience in a southwesterly direction along the south right of way
line of Interstate 70 to the point of intersection of that right of way line with the
north right of way line of U. S. Highway 6 and thence in an easterly direction
along the north right of way of U.S. Highway 6 to the point of beginning, County
of Eagle, State of Colorado.
Applicant: Vail Enterprises, Inc. represented by Mike Combs
Planner: Andy Knudtsen
3. Forest Glen - Major subdivisiorVAn unplatted 7.5 acre parcel generally located east of
Nugget Lane and south of Gore Creek.
Applicant: Timberfalls Associates, represented by Ronald H. Riley
Planner: Mike Mollica
4. Peterson setback variance to allow the construction of an enlry gate.
Legal: Lot 6, Block 3, Vail Village 3rd Filingl332 Beaver Dam Circle.
Applicant: Jay K. Peterson
Planner: Andy Knudben
5. Schmetzko-Minor subdivision and request for a change in zone district boundaries from
Primary/Secondary to Low Density Multiple-Family.Applicant: Erich SchmetrkoPlanner: Andy Knudtsen
.t
6. Notification of a staff approval of a minor amendment to Cascade Village SDD No. 4,
Area 4, Cosgritf Parcel to allow a maximum building height of 38 feet.
Applicant: East West PartnersPlanner: Shelly Mello
Town of Vail
Community Development Department
Published in the Vail Trail on May 22,1992.
cart'Beutet
6/o Harding & Carbone
4635 Sw Freeway, #750
Houston, TX 77027
Lawrerrce C. Harris
P.O. Box 17'14
Ros{rell, NM 88202
Robeil F. Faickney
142 Oysler Creek Drive
Lake Jackson, TX 77566
Ellen M. Chri$ianson
P.O. Box 81
Sedalia, CO 80135
Virginia M. Lindseth Anthony and Chrisline Ashmore Holy Cross ElecNric Association
2714 Leighton Road Kentucky Fried Chicken Company P.O. Box 972
Shaker Heights,OH 44120 P.O. Box 368 Avon, CO 81620
McAlesler, oK 74501
Ostr.rt and christine Allen O
2338 Holly Street
Golden, CO 80401
Thomas Morgan
David Richardson
436 Humboldt Street
Denver, CO 80223
Bank of the West
P.O. Box 1000
San Jose, CA 95108
Rich Phelps
U.S. Forest Service
P.O. Box 190
Minturn. CO 81645
Town ol Vail
Fire Depanment
Town of Vail
Police Departrnent
Public Service Company of Colorado
P.O. Box 430
Minturn, CO 81645
U.S. West
13100 E. 39h Avenue
Denver, CO 80239
Fred and Suzanne Bo€tlcher Upper Eagle Valley Water Dislrict Heritage Cablevision
P.O. Box 1588 846 Foresl Road P.O. Box 439
Ponca City, OK 74601 Vail, CO 81657 Avon, CO 81620
Donald and Anne Graubart Town of Vail
1000 Louisiana Street, #5800 Publ'lc works Department
Hou$on, TX 77002
'f4.'-zTn' f'-*u>' - .a2.2,.1n2) {.'4 7,/2< -
fuof A 1a'h'
m MAy 11 pV,
TIMBERFALLS PARCEL
ADJACENT PROPERTY OWNERS
Lot 1-. Biqhorn Estates Subdivision
Cara Beutelc/o Harding & Carbone4535 S.W. Freeway, #750Houston, TX 77027
Lot 7. Biohorn Estates Subdivision
Lawrence C. HarrisP.O. Box 1-7L4Roswell, NM 88202
Lot 4, Bicrhorn Sub. Fourth Addition
Robert F. FaickneyL42 Oyster Creek Drive
Lake Jackson, TX 77566
Lot 5. Biqhorn Sub. Fourth Addition
5_A
Virginia M. Lindseth
27L4 Leighton Road
Shaker Hts., OH 44120
Lot 9, Biqhorn Sub. Fourth Addition
Donald M. & Anne P. Graubart
10o0 Louisiana St., #5800Houston, TX 77OO2
5-B
Ellen M. ChristiansonP.O. Box 81Sedalia, CO 80L35
ffcMAY11pge
Timberfalls ParcelAdjacent Property Owners
Page 2
Lot LO, Biqhorn Sub. Fourth Addition
1o-A l_o-B
Stuart A. & Christine S. Allen Thomas H. llorgan and
2338 Ho1ly st. David B. RichardsonGolden, co 8o4o1- P.O. box 98o8
Denver, CO 80209
Lot l-L, Biqhorn Subdivision Fourth Addition
Bank of the West Anthony D. & Christine AshmoreP.o. Box L00o & Kentucky Fried Chicken Co. rs
San Jose, CA 95L08 Box 368McAlester, OK 7450L
Tirnberfalls Condominium Association
Town of Vail (Nuqqet Lane R.O.W.)
United States Forest Service
United States Forest ServiceHoly Cross Ranger DistrictP.O. Box 19oMinturn, co 81645
ftcu MAY 11 lg*
DATE RICETVED by COMMTTNITY DEVEIOPUENT
DEPARTI.iENT
.?'. '.i.; ..
(PLEASE PRrNT OR TYPE)
A. AppLICANT Timberfalls Associates
TPPLICITIOII FOR
I.TA,'OR 8T'BDIVISION REVIEW
CE.APTER 17.16 VAII, TIT'XICIPAL CODE
(uoRE tErN { rors)
228 Bridge Street, Vail, CO 81657
PHONE 476-4t50
T.TAILING ADDRESS
PROPERTY OT{NERB.
c.
Timberfall Associates
O!'NERIS SIGNAIURE
MATLING ADDRESS
IOCATTON OF PROPOSAL (STREET ADDRESS)
UnDlatted 7.5 Acre Parcel - East Vail
'1'l? - ?tiY @*"'{
PHONE 476-4L50
SUBDIVTSTON
FEE gr;000.00 ptue g2o.o0 per platted tor.rura 6Wfr"", /* ruO
BIOCK
D.
E.
F.
CONSULTATTON REQUIRED
The first step ls to request a meeting with the zoningadrninistrator to assist the applicant in neeting thesubrnittal reguirements and to give the proposal apreliminary review. The applicant should review Section
L7.L6 of the Subdivision Regulations to become faniliar withthe review procedures and subrnittal reguirements.
SUBI{ITTAL REQUIREMENTS
1. A list of all adjacent property owners and theirrnailing addresses (including those behind and acrossthe street). In addition, subrnit addressed, stanrpedenvelopes for each of the above.
2. A written statement describing the precise nature ofthe reguest, including the existing situation and theproposed situation and how the proposal will make thesubdivision conpatible with other properties in thevicinity.
3. A site plan showing the proposed developrnent includingtopography, traffic circulation, useable open space,
landscaped areas, utilities, and drainage features.
4. Title Report verifying ownership and easements.(Schedules A & B)
5. PRELIMINARY PI,AN - SUBMTTTAL REQUIREMENTS;
A. At least thirty days prior to the prelininary planpresentation to the PEC, the subdivider shallsubnit at a scale of one inch eguals one hundredfeet or larger, twelve copies of each of thefollowing (exceptions can be granted on individualitems by the director of public works or thezoning adurinistrator) to the Department of
Cornmunity Development :
1. The Environmental Impact Report required.
A topographic survey with a north arrow,graphic scale, dinensioned to nearest footprepared by a Col-orado registered landsurveyor, sha11 be subrnitted including thefollowing information :
Boundary lines.Preliminary proposed lots and blockswith numbers and sizes.
Easements: location, width and purpose.
Proposed streets, their tridths of right-of-way and pavement, approximate gradesin percentage and center line radii ofcurves: areas with cuts and fills
exceeding six feet and extent thereof.Utilities on and adjacent to the tract,including their type, location, size andinvert elevations of sanitary sewers,storm drainage facilities and watermains. If utilities are not found onthe tract, distance to, direction of andsize and elevations of the nearestutilities should be indicated.contour intervals of no less than twofeet if the site is two acres or lessicontour intervals of five feet or lessif the tract is more than two acres,elevations to be based on USGS datum.Drainage conditions on and adjacent tothe tract including Location and extentof rrater courses, areas of one hundredyear floodplain (verified by aregistered professional engineer inState of Colorado), perpetual drainage
easements and location of naturalsprings and ground water.Existing conditions on adjaeent land:
The area within two hundred feet from
each subdivlslon boundary should beincluded ln the prelfininary plan to showits land slope percentage, zoning,location of physical inprovements and
land uses, owners of said proPertY,division of property into lots, tractsincluding subdivision names and anysignificant natural features. Theobjective of showing how the preliminaryplan interfaces with all adjoiningproperties and uses thereof should be
met.i. Existing zoning.j. All areas of'forty percent slope.orgreater, and avalanshe areas indicatedas shaded areas.k. Letters fron all applicable utility
agencies verifying service.I. Indications shoning that access to thesubdivision is via a maintained public
road.m. Soil stabifity analysis.
FINAL PI,AT - REQUIREMENTS AND PROCEDURE:
A. The subdivider shall subrnit eight copies of the
final plat, two or more of which shaLl be nylars'
twelve copies of the final EIR and any additional
material required in this section. the final plat
shall substantially conform to the prelininary
plan and shall include changes as required after
consideration on a prelirninary basis by the PEC.
2.
a.
b.
c.d,
e.
f.
s.
h.
6.
[rD MAY 11 8g
PETER JAMAR ASSOCIATES, INC.
PLANNING . DEVELOPMENT ANALYSIS. RESEARCH
ltay L1, L992
Mr. ltike l{ollica
Department of Conmunity Developnent
Town of Vail75 s. Frontage RoadVail, colorado 8L657
Dear l,like:
Attached is the infornation reguired for subnittal of the Final
Subdivision Plat for the Forest Glen subdivision:
1. List of adjacent property owners and nailing addresses (1
copy).
2. Title Report (1 copy).
3. Declaration of Covenants, Conditions, and Restrictions (1
copy) .
4. Engineering Reports/P1ans (8 sets):
a. Drainage Reportb. Pavement Designc. Final PIatd. Topographical Surveye. Glen Falls Iane- Plan and Profile
- Cross Sectionsf. Utility Plan
9t. Sewer Plan and Profileh. water Planti. Details
5. Copy of Art llears letter dated April 9, L992 confirningFrutiger report and copy of Frutiger reportrznap (1 copy).
Suite 204, Vail National Bank Building
108 South Frontage Fload West . Vail, Colorado 81657 . (303) 476-7154
ur. uike llollica
Departuent of Connunlty Developnent
Town of Vallilay 11, 1992
ffC'BMAY Itt992
6. Appllcatlon fon and flllng fee.
7. ProJect Entry Iandscape Plan.
Please let ne lrnov if you lrave any guestionE or require anyadditional information. As I understand the echedule, thig I'tenwlll be placed upon the June 8 Plannl-ng and Environnental
ConnLssion agenda.
PJ:NE
Enclosures
LAND rrlr
Representing Titl-e
THANK
Oo r P A N YGUARANTEE
Insurance Conpany
YOU FOR YOUR ORDER
of Minnesota
ET MAY 11 IWz
July 24, !99I
Our Order'. V)-7226
BUYER/OWNER:
TBD
SELLER:
ADDRESS:
TIMBER FALLS ASSOCTATES,
PARTNERSHIP
METES AND BOUNDS
TER JAMAR
ELIVER TN BUILDING
Attn:
RON RILEY228 BRIDGE ST.VAIL, CO 8L558
l- Attn:
PICKED UP FOR DELIVERY
COVENANTS ATTACHED YES
FOR TITLE QUESTIONS CALL
FOR CLOSING QUESTIONS CALL
A COLORADO GENERAL
AM PM
KAREN HORTH 3O3 476-225I
NO
MINNESOTA
TrTr F i\
ALTA Commitment-1 970 Rev
TITLE INSURANCt C0MPANY 0F N,llNNESOTA, a Minnesota corporation. herein called the Company, for a
valuable consideration, hereby commrts t0 rssue its policy cr policies of titie insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee 0f the estate or
anterest covered hereby in the land described or referred to in Schedule A, upon payment ol the premiums and
charges therefor; all subject to the provisions ol Schedules A and B and to the Conditions and Stipulations
hereol.
This Commitment shall be effective only when the identity of the proposed Insured and the amount ot rhe
poliry or policies commifted {or have been inserted in Schedule A hereof by the Company, either at the time
of the issuance of this Commitnent or bv subse0uent endorsement.
This Commitment is prellminary to the rssuance of such policy or policies ot title insuance and all liability and
obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy
or policies committed for shall issue. whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company.
CONDITIONS AND STIPULAIIONS
1. The term "mortgage", lvhen used herein, shall incl,rde deedoftrust, trust deed, 0r other security instrument.
2. if ihe groposed Insured has or acquires actual knowledge of any defect. lien, encumbrance, adverse claim
or otner rnatter aflecting the estate or interest or mortgage therecn covereC by this Commitmert other than those shown in Schedule B hereof, and shall fail
to d sclose such knowledge to the Company rn writinq, the Company sha I be relreved from liabiliqr for any loss cr damage resulting from any act of reliance
hereon io the extent the Company is prejudiced by failure of the proposed rnsured to so disclose such knowledge. l{ the proposed lnsured shall disclose such
knowledge to the Company, or il the Company otherwise acquires actual kno,,vredge of any such defect, lien, encumbrance, adverse claim or other matter. the
Company at its option may amend Schedule B of this Cornmirment accordingtv, but such amendment shall not relieve the Company from liability previously
Incurred pursuant to paragraph 3 of these Conditjons and Strpulat ons.
3. Liability of the Companv under th s Commitment shall be only t0 the named proposed Insured and such
parties included under the deftn t on of lnsured n the {orm of policy or policies committed for and only for actual loss incurred n reliance hereon rn
undenaklnE in good faith (ai to comply with the requirem€nls hereof or (bi to el mrnate exceptions shown in Schedule B, or (c) to acquire or create the estate
0r interest or mongage thereon covered by this Commitment. In no event shai/ such liability exceed the amount stated in Schedule A for the policy or policies
cornmitted fo and such liabiiity is subject to the insuring provisrons and the Ccnditions and Stipulations and the exclustons from Coverage of the form of
policy or poltcies commined for in favor of the prcposed Insured which are hereby rncorporated by reference and made a part 0f this Co;mitment except as
expressly modified herern.
4. Any action or actLons or rjchis of actron that the proposed Insured may have or may bring against the
Company arstno out of tne status of the title to ihe estate or interest or ll^e siatus of the mortgage thereon coveied by this Commitment must be based on
and are subject to the provisions of this Commitment.
STANDARD EXCEPTIONS
In addition to the matters contained in the Conditicins and Stipulations and Exclusions from
Coverage a bove referred to, thrs Commitment is a lso s u biect to the follor,ving:
1. Rights or claims of parties in possession not shown by the public records,
3 5i#ill? 3 :,'l: fl ;.1| ff i:ff il'ilfi:'J :HJ^# :"x,,l :: fi : il::h m e n,s, a n d a ny f a c,s
which a correct survey and inspection of the premises would disclose and whrch are not shown by the public records.
4. Any lien, or right to a lie n, for services, labor or materialtheretofore or hereafter furnished,
imposed by law and n0t shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
of record for value the estate 0r interest or mortgage thereon covered by this Commrtment.
lN WITNESS WHERE0F, Title lnsurance Comoanv of Minnesota has caused its corDorate
name and sealto be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned
by a validating officer or other authorized signatory.
TITLE INSURANCE COMPANY OF MINNESOTA
Authonzed Signaton/
TIM Fdrm 25 82
fuiw,vg'#v;/u'v'
A Stock Canpany
SCHEDULE A
Application No. vL7226
For Inforrnation Only
METES AND BOUNDS
- ChargesALrAowne'-"iti3ilol - - 3133:33
With your rernittance please refer to V1-7226.
1. Effective Date: July 12, 1991 at 8:OO A.M.
2. Policy to be issued, and proposed Insured:
ttALTArr Owner t s Pol icyl-987 Revision (Arnended 1,990)
Proposed Insured:
TBD
3. The estate or interest in the land descri-bed or referred to inthis Comrnitnent and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at theeffective date hereof vested in:
TTMBER FALLS ASSOCIATES, A COLORADO GENERAL PARTNERSHIP
5. The land referred to in this Commitment is described asfollows:
A PARCEL OF I,AND SITUATED IN THE SOUTH ONE_HALF OF SECTION ].2,
TOI{NSHTP 5 SOUTH, RANGE 80 WEST, OF THE SrXTH pRrNCrpAL
MERIDIAN, TOWN OF VAIL, EAGLE COUNTY, COLORADO, SAID PARCEL
BEING MORE PARTTCULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 5, BIGHORN
SUBDIVTSION FOURTH ADDITTON' THENCE ALONG THE SOUTH LTNE OF
SAID SUBDIVISION THE FOLLOWTNG TWO COURSES:
1. SOUTH 57 DEGREES OO MINUTES OO SECONDS EAST A DISTANCE OF
248.00 FEET
2. SOUTH 82 DEGREES OO MINUTES OO SECONDS EAST A DISTANCE OF
PAGE 1
oALTA COMMITMENT
o
AALT COMMTTMENT
SCHEDULE
Application No. VL7226
90. OO FEET
THENCE LEAVTNG SAID SOUTH LINE, SOUTH 31 DEGREES 35 MINUTES 25
SECONDS WEST A DISTANCE OF 456.19 F'EET; THENCE SOUTH 39 DEGREES42 MfNUTES 33 SECONDS WEST A DISTANCE OF 137.91 FEET; THENCE
SOUTH 62 DEGREES 22 MINUTES 36 SECONDS A DISTANCE OF I77.I7
FEET' THENCE NORTH 33 DEGREES 44 MINUTES 58 SECONDS WEST A
DISTANCE OF 502.26 T'EET TO A POINT ON THE EAST LINE OF LOT 1,
BIGHORN ESTATES' THENCE NORTH 33 DEGREES 36 MINUTES OO SECONDS
EAST ALONG SAID EAST LINE A DISTANCE OF 358.].3 FEET TO A POINT
ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF NUGGET LANE; THENCE
ALONG SAID RIGHT OF WAY , 84.99 FEET ALONG THE ARC OF A 65.00
FOOT RADIUS CURVE TO THE LEFT WHOSE LONG CHORD BEARS NORTH 56
DEGREES 10 MTNUTES 32 SECONDS EAST, A DTSTANCE OF 79.05 FEET TOA POINT OF TANGENCY; THENCE CONTINUING ALONG SAID RIGHT OF WAY
NORTH 18 DEGREES 43 MINUTES OO SECONDS EAST A DISTANCE OF 48.3]-
FEET TO A POINT ON THE SOUTH LINE OF SAID BIGHORN SUBDIVISION,
F.OURTH ADDITTON; THENCE ALONG SAID SOUTH LINE, SOUTH 54 DEGREES
30 MTNUTES OO SECONDS EAST A DISTANCE OF 50.80 FEET' THENCE
CoNTINUTNG ALONG SAID SOUTH LrNE, SOUTH 51 DEGREES 00 MINUTES
OO SECONDS EAST A DISTANCE OF 155.00 FEET TO THE POINT OF
BEGINNING.
PAGE
oALTA COMMITMENT
SCHEDULE B-1
(Requirements) Application No. V1-7226
The following are the requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors ofthe fuII consideration for the estate or interest to beinsured.
2. Proper i.nstrunent(s) creating the estate or interest to beinsured must be executed and duly filed for record, to-wit:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY I^IILL BE ISSUED
PURSUANT HERETO.
THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN
ADDRESSES ON DOCUMENTS SENT FOR RECORDING! !
PAGE 3
SCHEDULE R-2
/ F"wr-r:nJ- i onq \ Ann] i ...^ 1- i .\h \I^t '-c-r- VI7 226
The poricy or policies to be issued vrill- contai-n exceptions to thefollowing unless the same are disposed of to the satisfaction ofthe Company:
1. Standard Exceptions l- through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and specialassessnents not Vet certified to the Treasurerrs office.
? )\ htr rrh..- .i J .r-!.r rrJa rL !., Laxes or assessments against said Iand.
8. Liens for unpaid water and sewer charges, if any.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISESAS RESERVED IN UNITED STATES PATENT RECORDED November 17, I9O2, IN BoOK 48AT PAGE 492.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED TN UNITED STATES PATENT RECORDED NOVeNbeT 17,].902, IN BOOK 48 AT PAGE 492.
11. EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANITATION DTSTRICT TN INSTRUMENT
RECORDED JUNE 13, l.973 IN BOOK 229 AT PAGE 550 AND 551.
12. EASEMENT AND RTGHT OF WAY FOR GORE CREEK AS IT AFFECTS SUBJECT PROPERTY.
13 PEDESTRIAN AND EQUESTRIAN EASEMENT 15 FEET TN WIDTH ALONG THE SOUTHEAST
BANK OF GORE CREEK AS RESERVED IN DEED RECORDED APRIL 3, 1968 IN BOOK 212
flJ. fA\r.tr OJ / .
14 EASEMENT AND RIGHT OF WAY 20 FEET IN WIDTH ALONG THE NORTHERLY SIDE OF
SUBJECT PROPERTY AS RESERVED rN DEED RECORDED FEBRUARY 26, 1965 rN BOOK 188AT PAGE 113 FOR USE OF PEDESTRIANS AND EQUESTRIANS AND PERSONS USING MAIN
GORE CREEK FOR FTSHING PURPOSES.
].5. RESERVATION OF A TEN PERCENT NON-PARTICTPATING ROYALTY AS RESERVED IN DEED
RECORDED NOVEMBER 2, 1962 IN BOOK 166 AT PAGE 407.
16. A DEED OF TRUST DATED February 20, l-985 FROM TIMBER FALLS CORPoRATION, A
COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF
FIRSTBANK OF VAIL TO SECURE THE SUM OF S75O,OOO.OO, AND ANY OTHER A]4OUNTS
PAYABLE UNDER THE TERMS THEREOF, RECORDED February 27, 1985, IN BOoK 4O7 AT
PAGE 255.
o
ALTA COI"li4 ITMENT
PAGE 4
ooALTA COMMITMENT
SCHEDULE B-2
(Exceptions) Application No. VI7226
SATD DEED OF TRUST WAS FURTHER SECURED TN ASSIGNMENT OF RENTS RECORDEDFebruary 27, 1985, IN BOOK 407 AT PAGE 255.
EXTENSION AGREEMENTS IN CONNECTION WITH SAID DEED OF TRUST RECORDED MARCH26, 1986 IN BOOK 438 AT PAGE 788, MARCH 30, 1987 rN BOOK 460 AT PAGE 47,
AND APRTL 21, 1988 IN BOOK 482 AT pAcE 623.
17. A DEED OF TRUST DATED June l-5t 1"989 FROM TIMBER FALLS ASSOCIATES, A
COLORADO GENERAL PARTNERSHIP TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE
USE OF FIRSTBANK OF VAIL TO SECURE THE SI'U OF S49O,OOO.OO, AND ANY OTHER
AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED June l-9, 1989, IN BOOK508 AT PAGE 306.
SAID DEED OF TRUST WAS FURTHER SECURED TN ASSIGNMENT OF RENTS RECORDED June19, 1989, IN BOOK 5O8 AT PAGE 3O7
SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDEDJune 19, L989, fN BOOK 508 AT PAGE 309.
18. DEED OF TRUST DATED June 15, L989, FROM TIMBER FALLS ASSOCIATES, A COLORADO
GENERAL PARTNERSHIP TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF
TIMBER FALLS CORPORATION, A COLORADO CORPORATION TO SECURE THE SUM OF
5703/2o0.00 RECoRDED June 19, l-989, IN BOOK 508 AT PAGE 308.
SUBORDINATION AGREEMENT IN CONNECTION WTTH SAID DEED OF TRUST WAS RECORDEDJune 19, 1989, fN BOOK 508 AT PAGE 309.
PAGE 5
,*&-* .. ..,-!i.'. i;*
a
ANY
vIT
o
ELANDTLEGUARANTE COMP
DISCIOSURE STATEIIENT
R6quired by Senate Bill 9L-l-4
The subject real property rnay be located in a special taxingdistrict.
A certificate of Taxes Due listing each taxing jurisdiction
rnay be obtained fron the County Treasurer or the CountyTreasurer's authorized agent.
c) The information regarding special districts and the boundariesof such districts rnay be obtained from the Board of CountyComrnissioners, the County Clerk and Recorder, or the County
Assessor.
A)
B)
Present
Chuck Crist
Diana Donovan
Connie Knight
Jim Shearer
Absent
Ludwig Kurz
Kathy Langenwalter
Gena rily'hinen
t
PLANNING AND EII{VIRONMEI.ITAL COMMISSION
Septembcr 23,1991
Staff
Krisan Pritz
Jill Kammercr
Andy Knudtsen
Shelly Mello
Bctsy Rosolack
Amber Blecker
The worksession was called to order at 2:10PM by Chairpcrson Diana Donovan.
1. A reoueslfor a worksession to review wetland mitigation orooosal fsr arcas alone
Gore Creck.
Aoolicant Upoer Eaele Vallev Watet and S-anitation District
Planner: Andy Knudtsen
Andy Knudtsen explained the request. Staff supponed the pmposal with one condition. After
stafFs presentation, the consultants explained the benefits from the plan.
Diana Donovan asked if the work would be duplicating what had already been done on the
golf course. The consultants answered that it was a continuation of ttre work. Diana was
also concemed over the health of the beaver pond. The consultants rcptied that the waer in
the ox-bow could help the beaver pond. The consultants also stated that they were looking at
moving rocks for drop strucnres in the winter with SnoCats o minirnize the impacts to the
riparian corridoq however, they did not yet have approval from Vail Associates to use their
equipment.
Jim Shearer questioned the verbiage of "new" wetlands. Hc thought tltis was morc restonluon
than creation. The consultants answered that it was restoration and not cteation.
After adiscussion of interpretivs markers, Diana said she was supportive, but did not want to
make ir a requircment as it apparently did not have funding. She liked the fact that the
mitigation would be locaad within the same riparian corridor where the impact would occur.
Chuck Crist asked if the flow into the beaver pond was going to be restorcd. The consultants
said some would be.
\
IAfter a discussion as to locations, Diana concluded the discussion by stating she preferred the
natural drop structures to head gates for dirccting water into the ox-bow.
2. A reouest for a maior subdivision and a Soecial Development District for an unplatted
7.5 acrq parcel generally located east of Nugeet Lane and South of Gor€ Crcek Drive.
Aoplicanr Timberfalls AssociationPlanner: Mike Mollica
Kristan Pritz explained rhe proposal. She stated that, since this was a rcquest for
downzoning, staff had reviewed the request and believed the lower density was appropriate
for the site. Staff recommended approval of thc request with ths conditions as listed in the
memo.
Peter Jamar, representing the applicants, indicated he agreed with staffs memo, including the
conditions, and reminded the Commissioners that this would not b€ the last time the proposal
would be brought before them, as the final plat also would need o be voted upon.
Diana Donovan asked for clarification of what was being voted on at this time. Kristan
explained it was the recommendation to Town Council for the Special Development Disnict,
the preliminary plan for the major subdivision, and indicated that the SDD should be made
conditional upon approval of the final plat. Diana questioned approving a concept for :rn
SDD, rather than a plan. Peter agreed to make the SDD conditional upon frnal plat approval.
Kristan read the subdivision regulations, which stated that the final plat must substantially
conform to the preliminary plan.
Chuck Crist asked for an explanation of the road for Lots 10 and 11. Peter said it would be a
private drive, with the units on Lots 10 and 11 restricted to single family dwellings only, so
the road could be 15 feet wide.
Chuck also wondered what the process would be for the development. Ron Riley, one of the
developen, said that next summer, after the subdivision agreement and final plat were
completed, the utilities and roads would be installed. He mentioned that some of the property
closings might be concurent with the installation of utilities.
Chuck believed that more permanent rcsidents could result ftom this development than from
the previously approved condominiums. Ron Riley upheld that opinion, stating that 3O4OVo
of those interested in the development were permanent residents.
Diana wondered how the requirement that at least 1,000 sq. ft. of GRFA be placcd in the
basement on certain lots would be enforced. Kristan said it was part of the SDD
documentation. Diana also asked if the bridge could be signed as a narrow bridge. Krisun
/7
li
I
agrc€d to look into that possibility. Diana questioned if thc cntirc subdivision was a private
road, was entry signage lequircd? Staff indicated that was an option for the developers o
decide. Diana asked if there was enough snow storage on thc site. Pctcr answered there was
plenty.
Jim Shearer moved to approvc the rcquest for a major subdivision, and recommend approval
to the Town Council of the requcst for a Special Development Dstict for ur unplaued 7.5
acre parccl generally located east of Nugget Iane and South of Gore Creek Drive, with a
notation that Section m(BX3-5) are rccommendcd in an effort to providc cmployee housing
as a goal for the Town. The recommendation and approval are based on ttre SDD critcria and
major suMivision benefit to the Town as outlined in staffs memo. Chuck Crist seconded the
motion. The unanimous,4-O vote approved the motion.
3. A_request for a maigr amendment to Special Development Distict No. 2. Pinos del
Norte. Buildine C. Northwoods Condominiums/600 Vail Vallev Drive.
Applicanc Pinos del None Condo,minium AssociationPlanner: Andv Knudtsen
Andy Knudtsen presented the request. Staff recommended approval of the requested
amendment, stating that the architect, Kirt Segerburg, had successfully incorporated the
Streetscape and Trails Master Plan concepts into the proposal, and then he listed the specific
elements of the development plan.
Saundra Spaeh, representing the applicant, was concemed that the pavement area was too
wide. She preferred a mhimum of 7 feet for the sidewalk, rather than 8. Andy stated tltat
the Town Engineer recommended a l-foot increase of each drive lane, and that width be
added to the overall amount of pavement in the area. Diana Donovan preferrcd a dcclease in
the road width to a decrease to the sidewalk area. Kristan Pritz agreed to ask the Town
Engineer about the possibility, but she could not guaftrntee hc would approve. Diana pointed
out her belief that if the road was widened, it would only encourage driven to go faster, and
might even encourage illegal parking. Kristan rcplied that the curb would help $scourage the
potential for illegal parking.
Dana suggested placing the extra tr€es, to be removed from the current Pinos site, across the
road from Pinos del None. Kristan asked if an acceptable option would be to place thosc
Eees on the soccer field, as she was not surc the Town could water the necs sufficiently
acmss from Pinos. Diana did not believe it was a good exarnple for the Town to say they
could not water trees. Kristan agreed that the trees would look nice acrcss the roa4 but she
could not commit Public Works to that condition. Diana believed it should be a condition of
approval, and Council would always remove that portion if Public Works could not agree.
Diana was also concemed with the strret lighting in the area. She asked that a requiremcnt
be included to locate a light along this sidewalk.
TO:
FROM:
DATE:
SIJBJECT:
I{EMORANDUM
Planning and Environmental Commission
Community Devclopmcnt Dcparunent
Scptember 23,l99l
A request for a major zubdivision prelirninary plan and a Spscial Development
District for an unplattcd 7.5 rcte parcel pncrally locatcd East of Nugget Lane
and south of Gorc Cleck Drive.
Applicanr Timbcrfalls Assaiation
Planner: Mikc Mollica
I. DESCRIPTION OF TIIE REOUEST
Timbcrfalls is a 7.5 acre unplatted parccl, generally locatcd cast of Nugget l-ane and south of
Gore Creek Drive in the East Vail area The pmperty is bounded by thc Timbcrfalls
Condominiums to the east, Gore Geek and duplex-zoncd los o the north (Sueamside
Circle), duplex-zoncd lots to the west (Nugget Iane), and a large, unplatted parccl of land
zoned Agricultural and Open Space to the south.
The applicant, Ron Riley, rcpresenting Timberfalls Associates, is requesting approval of the
following:
1. The establishment of a Special Dcvclopmcnt Disrict, andZ. Preliminary plan approval for a major suMivision.
The property is currcntly zoned l-ow Density Multiple Family flDtrIF), and based upon the
buildable area of this site, tl.rc property is zoned for a total of 55 dwelling units. The
proposed development plan is comprised of 14 rcsidential lots. Each lot, wifi the exception
of l,ots l0 and 11, would permit one single family dwclling unit, plus one 'barctaker unit,"
for a total of 26 dwelling units. lots 10 and 11 would be &signaed as single family lots.
The total GRFA requested is 62,700 squarc ftet Tlrc lot sizes range from approximatcly
14,300 sq. ft., up to approximarcly 41,200 sq. ft. An cxisting creek is p'roposed o bc
realigned to cross the subdivision. Two ponds will also be srearcd at the entrancc to the
suMivision.
Access o thc sitc is pmposed via Nugget Lane, irnmediatcly south of thc Gore Cleck Bridge.
Acccss o the lots would be provided by a private, 22-fmt wide rca4 approximarcly 500 fcet
in lcngth, cnding in a culdc-sac. Lot numbcn lGl3 would have a scparate access just south,
9ff 9f tle main roadway. Pleasc see thc auached sitc plur fc funher information regrtdiog
the layout of the lots and the acccss roadways. All utilities would be locatcd undcrground.
Thc applicutt's proposed SDD would cxcccd thc undcrlying LDMF zonc district in the
following areas:
l. Minimum Frontage - Iots 5, 10 and ll do not mect rhe required 3Gfmt
minimum frontagc.2. Setbacks - It is proposed that all lots havc a l5-foot sidc yard sctbach vcrsus
the LDMF required 2Gfmt side yard sctback.3. GRFA - Although the proposcd GRFA for thc projcct as a whole is
substantially less than what the undcrlying zoning woutd allow, Lots Nos- l-4
are proposed to be allocated morc GRFA than what the underlying LDMF zone.
district would allow, given their individual "buildable arca" sizes.4. Minimum Lot Area - I-ot 3 does not meet the LDMF required minimum lot
area of 10,000 sq. ft. of "buildable area-" I.ot 3, as pmpose{ would have
8,176 sq. ft. of "buildable arca." All the other lots would meet the 10,000 sq.ft. minimum lot area.
The Timberfalls parcel is located in the LDMF zone district. As such, the permined uses in
the zone district are as follows:
1. Single-familyresidentialdwellings2. Two-familyresidentialdwellings3. Multiple-family rcsidential dwellings, including anached or tow dwellings and
condominium dwellings.
The following table outlines thc TimbcrfaUs' zoning analysis, indicating thc un&rlying
zoning, which is LDMF and the proposed Special Devclopmcnt Disticr The project's
&pamues from the LDMF zone district standards arc highlightcd in bold type.
II.
Sitc ArEa
Area Ovcr40% Slee
Area Lcated Within
l0GYear Flm@lain
Buitdable Area
Minimum l.ot Area
Minimum Fronage
Se6acks
Front
ResAi<les
Building Height
Density
GRFA
Sic Coverage
Iandscaping
Parking
Underlying Zodng
low Derrsiry Multiole Fernilv
326J@ sq.fL 6 75 ues
-35363 sq. ft"
-21.144 so. ft-
27ON q.tt
10,000 sq. ft- of
buildable arca per bt
30 ft-
ntu
?i fL
35 fi - flat roof
38 fr - sloping roof
9 DUs per buildable rcre,
or 55 DUs for dre sitc
81,62.7 sq. ft- or 30%
of 0p buildable area
(phs 225 sq. ft. per DLr)
llaJ45 sq. tt or 35%
A minimum of 4O% of er,h
lot shall be landsc4ed
Per TOV prting sundards
Pmooaed SDD
326JN sq. fL c 75 scs
-35J63 sq. ft.
-21.144 so. ft"
270209 sq. ft"
Vrri6, fron t,176 rq. fL
!o Xr,255 cq. fu
Vrrhq s.c rttrchd
Ctc phn
?ofr-
Z) ft. rcar
15 fL sidc
33 lt. doping roof
14 DUs, 12 wlth
ctretclcr units = 26 DUs
62,700 sq. tL w 237o..
52J00 sq. fL or 23%*..
A minimum of 40% of ech
lot shall be landscryed
Per TOV parting sandards
'r@:
r'1bg:
orr Lots l-5 the rnaximum allowable GRFA requircs that a minimum of 1,000 square fcct be
urilized as basement spce below eristing g6de. TDcse baserncnt spac6 arc altox/€d to bc
'walk-out" bascmenu. On lrts 12-14, 500 sqrnre fcet of thc mar.imum allowable GRFA shall
be uriliacd anly as basanent spre, as &scribod abovc.
Tbe maximum allowable sitc covenge for cach individul lot shalt not crcocd drc maximum
allowable GRFA for cach lot
M. SPECIAL DEVELOPMENT DISTRTCT CRITERIA
The criteria to bc uscd to cvaluate this proposal are the 9 Special Dcvelopment Dsuict (SDD)
dcvelopment sbndards set forth in the special dcvelopment district chapter of the Zoning
Codc. The critcria are as follows:
A. Design compatibility and sensitivity to the immediate environmenl
neighborhood and odjacent properties rtlative to architec{ural desigr,
scale, bulk, building height, bufier zoneq identity, draracter, visual
integrity and orimtation.
The planning staff is supportive of the applicants' proposcd l4lot prcliminary plan
suMivision. We believe the applicant has designed a subdivision which is very
responsivc o the existing natural conditions on thc site, such as thc Gorc Cleck 10G
year floodplain and associated sctbacks, the nanual topography of dre site, and the
large area of cxisting, mature spruce tr€es. No buildings are proposed within rhe 100-
year Gore Creek floodplain or within the 50-foot setback line from the center of Gore
Creek. On the larger lots in the proposed suMivision fl-ots 7-l l), the applicant has
agreed to add a "no'build line" along the southem portion of those lots. The intent of
this line is to further control the locations of development on thc los, given the steep
hillside to the south. This "nobuild line" is an additional level of control which the
staff stongly supports, and which we believe will be more effectivc than creating
building envelopes on each of the lots.
The applicant is proposing architectural controls and guidelines which arc intended to
supplement the existing Town regulations rcgarding architectural design. It is
proposed that these architectural guidelines will be incorporated into the covenants for
this suMivision. At ttre direction of the PEC, during the September 13, lggl
worksession, there will not be any additional architecnual guidelines incorporated into
the SDD ordinance for this subdivision. It was agreed that the PEC and the staff both
felt comfonable utilizing the existing design review guidelines which the Town
curently has in place for single family and pfmary/seconaary rype developmenl
Dwelling units and garages shall be designed within a singlc structure. The applicant
has agreed to abide by the requircments in Section 18.54.050(D of the Municipal
Code, should a separation of the primary unit and/or caretaker unit and/or garage be
requested.
B. Useq activity and density which provide a cumpatible, efficient and
workable relationship with surrounding uses and activity.
The staff believes that the applicants' proposed uses for thc sitc, single family
and primary/carctaker residential dwellings, arc very compatible uses in this
zone district and in this neighborhood. We arc supportive of the applicants'
rcqucst to reducc the overall dcnsity on this sitc, fr,om 55 dwelling units, down
o 26 dwclling units. V[c also supptrt thc applicants' rEqucst to rrduce thc
overall GRFA on thc site by app'roximately 18,000 sq. fr Thc saff has
carefully analyzcd thc app.licants' rtquest to rcdistribue thc allowablc GRFA
on a lot-by-lot basis, as indicated in thc chan bclow. Wc fcel comfortable with
thc applicants' proposed GRFA disribudon, givcn that certain lots will r€quirc
I perccntagc of thc GRFA !o bc utilizcd as bascmcnt spacc, and also that thc
proposcd building hcights will not cxcecd 33 fccr It should bc notcd that" in
th€ LDMF zonc district, the maximum building height is 3E fccr
Lot
I
2
3
4
5
6
7
8
9
l0
11
t2
l3
t4
hoposcd SDD
Maximum GRFA
4,500*
4,500*
4,300*
4,500*
5,000*
4,000
4,800
5,000
4,800
4,500
4,000
4,300**
4,300**
4,200**
LDMF
Maximum GRFA
3,129
3,24
2,453
3,533
6,050
5,002
7,032
8,777
7,018
4,56
4,M3
5,736
5,693
5,5r5
* On Lots 1-5, the maximum GRFA listed includcs a minimum of 1,000
sq. fr, which shall be utilized as basement spacc, bclow cxisting gradc.
The GRFA ma:<imum on these lots for the abovc g3ound spacc is the
total GRFA listed above minus 1,000 sq. ft. In othcr words, 1,000 sq.
fr of GRFA is allowed only as bascmcnt space, in order o reduce the
above ground mass of the structurcs upon these lots. These bascment
spaces are allowed to be "walk-out" bascments.
't* On Lots 12-14, 500 sq. ft. of the ma,rimum GRFA shall bc utilizcd only
as basement space, as describcd above.
Since the Scprcmber 9, l99l PEC workscssion, rhc applicant has amended the projcct
as follows:
l. Lot Nos. l-9 and 12-14 shall be dcsignated as single family loc with
the ability to have one caretakcr unit.2. Lot Nos. 10 and 11 shall be dcsignaed as single family lots.
AII caletaker units shall bc restrictcd to a maximum GRFA of 900 sq.
ft.
No caretaker unit shall bc sold scparatcly fmm thc main, or primary,
unit.
No caretaker unit shall bc rcnted on a short tcrm basis.
C. Compliance with parking and loading requirenrnts es outlined in Chapter
18-52.
Parking for the subdivision wiI bc providcd in accmdance with Chapar f 8.52.100,
which is thc sundard parking schedule cunently utilized for all developments within
the Town of Vail. There arl no loading rcquirements associated with this
dcvelopment.
D. Conformity with applicable elernents of the Vail Comprehensive Plan,
Town policies and Urban Design Plans
The Town of vail Land use PIan shall be utilized as a guideline in any request for a
Special Development Distict. This propcny has been idcntified in thc I-and Use Plan
as "I.ow Density Residential." The low Density Residential designation rcads as
follows:
"This category includes single-family dctached homes and wo family dwelling
units. Density of development wirhin this category would tlryically not exceed
3 structures per buildable acrc. Also within this arca would be private
recrcation facilities such as tcnnis courrs, swimming poots and club houses for
the use of residents of the area. Institutionallpublic uses permitted would
include churches, fire stations, and parks and open spacc rclatcd facilities."
This SDD proposal was also analyzed according to the Town of vail land use plan
Goals and Policies. Suff has identified the following goals and policies we believe to
be rclevant to this proposal:
Goal 1.6 Development proposals on the hitlsidcs should be evaluatcd on a case
by case basis. Limircd development may be permitted for somc low
intcnsity uses in arcas rhar arE nor highly visible frrom the Vallcy floor.
New projects should bc carefully controlled and developed with
sensitivity o the environmenl
Goal l.l2 Vail should accommodarc most of rhe additional growth in existing
developed areas (infrll areas).
3.
4.
5.
Goal 5.1 Additional rcsidcntial growth should continue to occru primarily in
cxisting, planed areas and as appropriate in new arcas where high
hazards do not exist.
Goal 5.4 Rcsi&ntial growth should keep pace with thc mar*et placc dcmands for
a full range of housing t1pes.
The staff bclieves that the applicurts' prcposcd SDD and p'rcliminary plan for a major
subdivision comply with the above-suted goals and objectives, as well as the l-and
Use Plan's dcsignation of "Low.Density Rcsidcntid."
E. Identification and mitigation of ngturd and/or geologic hozards thet affect
the property on which the special developrnent district is propced.
1. Thc southern portion of the Timberfalls parcel is mapped as a "s€ver€
rockfall hazard" on thc Town of Vail hazard maps. A site spccific
hazarrd investigation, completed by An Mears on August 28, 1991,
summarizes the roclf,all hazard as follows:
"In summary, rockfall does not appear to be a hazard on any
portion of the parcel, and should not serve as a constraint to
building on the site."
2. The nonheast corner of the Timberfalls parccl is shown as bcing within
a "modcrate hazard dcbris flow hazard arca" on the Town of Vail maps.
Acconding to Art Mears:
"Moderate hazard means Lots 5 and 6, and the building
envelopes, could be rcached by muddy water, small rocks, and
vegetativc debris during a rare debris flow event. Mitigation to
buildings on lots 5 and 6 could bc accomplished by flood
proofing and dircct protection of exposcd foundation and
building walls. Alternately, mitigation could bc achievcd by
. designing a small settling pond and berm in the flat area above
the tennis courts. Final mitigation dctails for Loa 5 and 6
dcpend on architectural urd landscaping details which are not
currcntly available. The mitigation on thesc lots, howcver, can
casily bc inco'rporatcd into building dcsigr without adverscly
affecting adjacent public or private property."
3. An Mears has also completed an analysis of the snow avalanche
dynamics and the cxisting avalanche bcrm capacity adjaccnt to this
parcel. His conclusions arc as follows:
'1. The flow height of thc dcsign avalanchc is lcss tlran the existing
bcrm height.2. The maximum &oosit heieht of the dcsign avalanche is less than
the berm heighu
3. Lateral spreadine of thc avalanche bclow the bcrms (in the
tcnnis courts) is accuraely shown on thc original drawings.
4. The existing berm, ther€fde, dcs not rcquire modlBcations or
cnlargements to mitigatc the dcsign avalanche."
The only hazard mitigation which would be necessary is for thc dcbris
flow hazard on Lots 5 and 6. Staff recommends that language be addcd
to the face of the final plat indicating that a sitc-qpecific dcbris flow
mitigation plan bc complctcd for Lots 5 and 6 prior o 0re issuance of
any building permits for the lots.
F. Site plan, building design and location and open space provisions designed
to produce a functional development responsive and sensitive to natural
featureq vegetation and overall aesthetic quality of the community.
The staff has reviewed this proposed development with rcgard to the purpose secti6n
of the Special Development Distict chapter of tlre Town of Vail zoning code (Section
18.40.010), which reads as follows:
"The purpose of the spccial dcvelopment district is to encourage flexibility and
creativity ia the development of land in order to promote its most appropriate
use; !o improvc rhc dcsign character and quality of new devcloprnent within the
town; to facilitate the adequate and economical provision of streets and
utilities; to prcserve the natural and scenic features ofopcn space areas; and to
further the overall goals of the community as stated in the Vail C.omprehensive
Plan. An approvcd development plan for a special devclopment disrict, in
conjunction with a pmperty's underlying zone district, shall csublish tttc
rcquirements for guiding development and uses of properry includcd in the
spccial development district."
We believe tlre applicant has produced a very well-designed preliminary subdivision
plan, utilizing the flexibiiity of the SDD process. Again, we bclieve thc applicant has
been very responsive to prorccting the Gore Creek l0Gyear floodplain and the existing
mature vegetation on the site. For example, the applicant has reduced thc density on
l,ots l0 and 11 to single family only dwellings. By proposing singlc family dwellings,
thc applicant is able to provide access to thesc lots via a l5-foot privatc driveway
easement. This access easement passcs through a vcry heavily-woodcd area. Had thc
applicanr proposcd primary/sccondary type units on los 10 and 11, the private access
clsetent would have to bc widcned a 22'f*t in width.
C. A circulation sygem dcigted for both velricles and pedestrians rddressing
on rnd off-site traftic circulation.
Thc on-site circulation syspm is dcsigncd to bc a 22-fmt pavd privaA roadway, with
a 4(!fmt right-of-way. Thc acccss road will emlinatc with a culdc-sac, which has
becn dcsigncd to mcct thc hrblic Worla urd Fire Dcparrncnts' standalds.
The staff has rtviewed the poential off-sitc impacs of this subdivision, specifically
with regard to the existing itugg"t I-anc bridgc owr Gore Creek The Town Enginccr
has reviewed this issue, and has discovered that this bridge was compleely r€built by
the Town in 1981. It was rebuilt with a restrictcd width of 13.4 fccr It should also
be noted that, at thc time thc bridge was being rcconstructc( thit ptopetty was zoncd
for 55 dwelling units. Although the Town staff has some concerns with the nanow
width of this bridge, the Public Works and Fire Deparunents and the planning staff all
agree rhat it should nor !c rhe applicurts' rrsponsibility to upgrade the bridge so that it
could accommdate 2lanes of traffic.
H. Functional and aesthetic landscaping and open spaae in order to optimize
and preserve natural features, recreation' views gnd func{kms.
Thc applicant has verbally stated they will be proposing specific landscaping in the
atea of tne subdivision cntry, possibly in the form of an entry gate and associatcd
plantings. The preliminary sitc plan does indicate two ponds, which would bc locatcd
near the subdivision en!ry, atong the northern boundaries of lots 12 and 14. The staff
feels comfonablc in defening the detailcd grading and landscaping plans for the
ponds, enby gate and landscaping until final plat. The PEC, at the Seprcmbcr 9, 1991
worksession, also agreed this would bc reasonablc.
I. Phasing plan or subdivision plan that will maintain a workable, functional
snd eflicient relationship throughout the development of the special
development district.
The applicants' plan for the completion of the subdivision is to install the sitc
infiastructqre during the spring and summcr of 1992. It is proposcd that dl
infiastucturc improvements be completcd during this Perid and that lot sales and
individual home construction could occtu simultancously.
ry. CRITERIA FOR A MAJOR SL]BDTVISION
The PEC rcview crircria for major subdivisions are found in Section 17.16.110 of thc Town
of Vail Subdivision Regulations and reads as follows:
"The burden ofproofshall rest with thc applicant b show that the application is in
compliance with thc intent and purposes of this chapter, the zoning ordinance and
othcr pertinent regulations that the PEC dccms applicablc. Due considcration shall be
given to thc rccommendations madc by public agcncics, utility companics and othcr
agcncics consultcd undcr Scction 17.16.090. Thc PEC shall revicw thc application and
considsr its appropriateness in regard o own policies relating to subdivision control,
dcnsities proposc4 regulations, ordinanccs and resolutions and othcr applicablc
documents, cnvironmental integnty and compatibility with tlp surmunding land uses
and othcr applicable documents, effccts on thc aesthetics of thc towl, cnvironmental
integrity and compatibility wirh the surrounding land uscs."
A. Public Agency and Utility Company Reviews
Notification has been mailed to the following agencies and, as of this date, no
comments have been received by the Town of Vail:
U.S. Forest Senrice
Upper Eagle Valley Warer and Sanitation Dstrict
Public Service Company of Colorado
Holy Closs Electric Association
U.S. West Communications
Heritage Cablevision
V. STAFF RECOMMEI\IDATION
The staff recommendation for the applicants' proposed Special Development Disrict and
preliminary plan for a major suMivision is for approval. It is the staffs opinion that the
applicants' rcquest would further the goals of the community, as satcd in the VaiI
Comprehensive Plan, and that the proposed SDD meets the criteri4 as statcd in the SDD
chapter of thc zoning code (section 18.40.010). we belicve the applicant has bccn very
sensitivc in the overall dcsign of the subdivision, specifically with rcgard to the lOGyear
floodplain, the site's topography and the existing vegetation on site. Staff recommcnds the
following conditions of approval:
l. That engineered drainage and roadway plans bc provided during the final plat review.
2. That detailed gading, drainage and landscaping plans be provide4 as discussed in
Section ItrGI), above.
1.
2.
3.
4.
5.
6.
E
10
3. That an ?nginccrcd utility plan bc providcd at final Plar
4. That languagc bc addcd to tbc facc of thc final plat, indicating thlt a sirc-spccifi!
&bris flow hazald mitigation plur bc completcd fm tos 5 and 6, as discusscd in
Scction III(E), abovc.
Thc applicurt has discusscd widr the stafi thc possibility of making mino changcs to thc
devclopment plan, such rs slightty moving lot lincs o accommodare 0re results of tbc dcailcd
enginccdng studics which arc a part of thc frnat plat submiual It is also possible that fic
appticant rtay p'roposc the access rcad to bc a public ruad. Clhis rould rcquire ur additional
tO fect of right-of-way.) Thc staff fecls tlrat thcsc typcs of minor changcs, which do not
substantiatly altrr tlrc charactcr m intcnt of thc app'roved SDD and prelininary plan, are
acccpublc at thc final plat rcview.
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INC.ARTHTIR I. MEARS, P.E.,
Netunl Hezer& Carnrltgra
222 L-r Grh< A'c.
Gundro, Colsrdo El230
'01
- 6.il.1216
Septenber 4, 1991
Mr. Ron Reilly
Tinberf al.1s Association
228 Ridge streetVaiI, CO 81557
Dear Mr. Rei1ly:
At your request, I have conpleted (a) an analysis of avalaDche
dynarn:.cs and existing avalanche-bern capacity at linberfalls, and(b) an evaluation of the debris-fl.ow hazard. This work rras based
on a site j.nspection conducted on AugusL 27, 1991 and uponrevised avalanche-dynamics caLcufations.
AV}.LANCI{E DYNA.I,IICS AND BERY CAPACITY
An origlnal avalanche analysis and bern specification was
conrpLeted by Mr. Hans Fruti.ger, a Swiss aval.anche-controL
engineer, i.n 1973. The analysis reported here applies current
avalanche-dynarnics rnethods, including rnodi.fied Swiss and A:rrericanprocedures (Sa1rn, 1990; Mears, in prep.), to conpute theavalanche dynanics and adequacy of the existing berms.
The following sumrnarizes the rnethodology used. ConPutational
de"aj-ls are included in the Appendix.
I. Design-avalanche ("1-00-yearrr return perS.od) runout
distance was determined through inspection of a
regional database of extrerne avalanches. The runout
distance ehds on the north side of Gore Creek assuning
natural terrain vithout the bern in place.
2. A desiqn slab thickness of 1.60n over the starting
zone area af 44,400mr was estinated by analysis of
extrene storrn data.
3. Velocitv. flow heiqht, discharqe' and degosit
Ei-g[!, rrere conputed through application of the Swiss
avalanche-dynanics procedures (Sa1n, 1990). lhe runout
distance wai forced to stop at the point deternined in
step tt1,tr above. The present bern configuration and
locition of excavations and tennis courts were used in
final calculations.
Met Wo ;ag t Ag,lacAcs . Anhack Car.tol Eryrnec;nt
ARTHTIR I. MEARS,
'.*, '*..Ol,hnrnl t{rzr'& Codtaru
?22&tCll/ricAn.
Cqntrcn,6bo& 81230
to3 - ut.t235
August 28, 1991
Mr. Ron Reill.vTimberfalls A3sociation228 Ridge Streetvail, co 81657
Dear Mr. ReiIIy:
At your request,. r conpleted a site.inspection of an unplatledparcel west of the timlerfar.rs aeveropnlnt in--nist vail on.Aucrust27, 1991. The purpose of rhe site "ilii-'r.""tr-ir!antify thepotential rockfall hazard on tne :i!.. The souiliern portion(approxinaterv 25?)- or tnis-'pJiJer -is r"pp"a-iJ-;;;;vere,, rockfalrhazard on Towi of.vait ,nup=.--ii-additioi.{; I;. !it. in=p.ction,I conducted a study "r a.iiir irrotograpn, ait.J-:.irg, 1950, 1962,L974, an,d 1994. soine ot ti,ese-piot6s lr.-aaie-ali".r.opment andprovide an excelrent view oi-in5"u."a lrior to nanis d,isturbanceand can be used to l0cate rocxs-wnich ;;t-h";; ilir"r., into thearea that was to become ti:e parcef in qulsiio;.---,
The forl0ving observations and concr.usions result fron ny study.
a. Rock deposits characteristic of rockfall origin
H::"::1":dentified on the site-tnioi;;..;;;i"i_photorrre1,s\,.-rurr or the site visit
b' The s10ne above the site consist of a nature forestwith no p"rlir.a- oourJeis-iaianre of rolrinq andbouncins down the srope "nJ'r"i"r,irs-ii"-ilI"E:jr.c. The distinct lirnestone cliff band, r.rhich serves asa rockfall source at- nany vuir "r"i=.,a""J-i"i crop outon the slope above tne pircei.
rn summary, rockfall-does not appear to be a hazard on anyi:fiiilr":".ffi"n:l::l ""u "i,oui5'iot serve i"""-loi"*aini to
Please contact me if you have any guestj.ons.
Sincerely,
LL,7'1,'., t)Arthur I. MLAvaLanche-co
l) U. e,aars, P.E.ntrol engineer
Ittou We tng . A*rhnclet . A*lhac[c &nl Erytnvinl
[:
Tbe folloving concrusions about berrn effectiveness were reachedas a resul.t of this analysis and site neasurenents.
1-. The flow heiqht of the design avalanche is lessthan the existing berrn height.
2. The naximun deposit heiqht of the design avalancheis less than the bern heighE
3. Lateral spreadinq of the avalanche below the be::ns(in the tennis.courtil is accurately shown on theoriginal (Frutiger, 1973) drawings.-
The existing berm, therefore, does not reguire nodifications brenlargenents to nitigate the design avalanche.
D:BRIs FLCWS
The northeast corner of the unplatted parcel (on the wejt'r3lae otthe aval.anche berm) is shown as being wittrin a rmoderate-hazard'debris-flolr area on the 1994 Tor/rn of -vail ,Geologically-s-nsitive
areart (csA) maps' T{ris includes portions of proposed iots 5 and6, as shown on the Timberfalls site pJ.an dated 67Lo/gt. Moderatehazard neans Lots 5 and 6 and the building envelope! could bereached-by nuddy hrater, srnarl rocks, and vegetatile debris duringa rare debris-flow event. Extensive bui.rding damage and/or loss-of life wil-1 not be a problem. ?he return p6riod 6t trre'designdebris-flow is : 1OO years.
Mitigation to bui.ldings on Lots 5 and G could. be acconplished byflood-proofing and di-rect protection of exposed foundation andbuJ'l-ding warls. This nethod has been used at other buildings invail. Alternately, rnitigation could be achievea by desij;6g ;snalI settling pond and berrn in the frat area abov3 the €enniscourts. Final- rnitigation detairs for Lots 5 and 6 depend onarchitectural and-landscaping detairs which are not clrrentry.available. The nitigation on these.rots, however, can easil! beincorporated into tuilaing design without, ia".r""iy-aire"iin6' --
adjacent public or privati property.
PLease contact ne if you have any additional questions.
Si4cereIy,
( ,ffih^,l \\1pnaAFthur I. iledrs, p.E.Avalanche-control enqineer
Encl. Appendix
,
ARTHUR I. MEARS, P.E.,
Natural Hazz-rds Coruultantr
INC.
222 E aa C-'alic Ayc.
Cunniroi, Glo.rdo 8 1 230
38 - 64t.3n6
April 9, 1992
Mr. Ron Reilly
Timberfalls Association
228 Bridge Street
Vail, CO 81657
Dear Mr. Reilly:
At the request of Mr. Jeff Spancl of Inter-Mountain Engineering, the following discusses the
avalanche boundary north of thc avalanche-guiding berms at Timberfalls.
The avalanche boundaries were previously mapped for you in 1973 by Mr. Hans Frutiger, a
Swiss avalanche-control enginecr. Mr. Frutiger also designed guiding berrrs which werefully dcscribed in his report. [n Septcmber, 1991 I complcted in additional analysis in whichI determined that the "as built" condition of berms (as of my site inspection of August 27,1991), was sufficiently large to prevent the design avalanchi from spieading laterally ou"i th"berm. I also concluded that lateral spreading of the avalanche below the berms in the areayou are concerned with, was accuratcly shown on the original (Ftutiger, 1g73) drawings.
In ordcr to procecd with final lot layout, you should havc Mr. Frutiger's avalanche boundariesaccurately transfened to your current maps. I bclicve this is a surveying task which wilt notrcquire additional consulting from an avalanche-control engineering ipeiialist.
Please contact me if you have any additional questions.
Sincerely,
0^f ftlna*
Arthur I. Mears, P.E.
Avalanche-control engineer
Lc', Jetf Spo're /
Mas Wotllag o Aulaache: . Auhache Coatpl Eryincdng
An Avalanche Defense
for the Timber tr'al-ls
lYork Study
Corporation, Vail , Colorado
PREIIMINARY REI,IARKS
By a letter dated July 24, l-971 the Timber 3al1s Corporationasked for a consultation with regard to possible avalenchecontrol for the protection of thelr Land developrnent at BastVail, CoLorado. A previous avalanche study (finLer FaIIeAval-ancher Vail-, Colorado; report prepared for Tinber tr'allsCorporation, dated JuIy 27, L97j) Las-been nade for the eaneplace by Whitney M.BorLand, P.E.No. 33OO Col_orad.o.
This report is based essentially on the findings of Borlandtsreport. There have been only minor changes regardlng theertent of the stai.ting zone which in turn affects t[e die-charge volume.
'llAqT^ T\^m^.r,rar v r\, L/l1 I ft
The basic data which are used in the design of d,efenses-tructures are shown in the following table. Ihe nunberingreLates to Borlandrs report:
Startlng zone
Slide T4 ......Slide T5 . .....
hectares
... 2.9+... o.80
l .10l. 98
Total starti-ng area 9.2+ ...3.7+
The assumed depth of a sliding snow pack for a 1OO yesrsaverage r9lgrn period is l_10 inches (2.8 neters). The re-sulting sliding snow voluoe is
for T4: 107,9o0 cu.yds.(8Z,5OOfor T5z 29,300 cu.yds.(Z2,4OO
Total snow volume: I1'I,2OO cu.yds. (tO4,9OO n3 )
llhe assumption is made that both slidee release at the eanetime thus resulting 1n a design discharge voluroe of
7,20O cu.yds./sec (5,500 yp/sec).
DISCUSSION OI' POSSIBIE DEI'ENSE WORKS
!'or a discussion of avalanche control structuree threedifferent avaranche areas must be considerecl: starting zone,track, and runout zone. An overall analysis shows in whicharea control structures are possi-ble and most effective.
n2)n))
a.)f'or Swiss condltions it woul-d be prornising to protect thegtarti_ng_gone by so call_ed supportlng structures, designedto- prevent the snowpack from breaking away. A reforeetationof the starting zone and the track woul"d supplenent thesupporting structures and completely elininate the avalanche.This kind of defense work is questionable for U.S. condi.-tions for two reasons: fi-rst, there is no erperience withsuch structures; secondly, they would be unr-easonablyo'lltron ci rro
Starti-ngdesigna-!.Ig4__
East Ridge
Aspen Sllde
hectares
1.4 ..1.7 ..r.4 ..2.9 ..
NQ\J. \J ..
oo st ; rni111on
Swiss Francs
1.05l. 28
1.05
2.18
0.60
acre s
1l_
T2
't' 1
mA
aq
+.1<q
1.1z.v
o.,
An examj-nation of the main track (T5) indicates Little chancefor divelting or retarEfildGfffitures. Although the shel-f
-sh9yg.only gentle slopinf teiraj_n-fti_s stil]--too eteep forbuilding earthen structuies hj-gh enough to clj_vert the ava-lanche or to slow it down sufficiently to shorten the runoutdistance. The rnost gentJ-e portion of the track lies betweenthe elevations 8d80 to 9160 feet m.s.1, end shows the folLow-ing characterlstics:
section of track grade of slopefeet above m.s.l. deglg.es, percent
19 3415 29
An average slope angle of 34% 1s too steep for retardingstructures to be effective and the most g6nt1e section iithan angle of 29% is stil1 too steep and also too shorb. Adiverting 9arn would need to be roughly 65 feet (20 neters)tall- and the area would not be lar[e Lnough to install su6h3 g?m. Moreover, it would. be on foiest lanci (Wfrite RiverNational- Forest) and it is doubtfur that the Foresb servicewould accept such structures.
c.)
The terrai-n conditions in the runout zone have been examinedfor_the possibitity of installfrF.@g, retardin* or
cu 1 q-'. c-g! ru c t u re s . A c a t c h i- n g a im;-;E.GE'-66iffi€ e d-E;' I ea s tarea of l-and for construction, would however have to be l0ofeet (lO meters) trieh
T0TAt. .20.4 6.2 6.26
horizontal distancefeet meters
575 t75150 46
9120 to 8910
9040 to 9000
Retarding structures (earthen mounds) to'shorten the runoutdj-stance of the avalanche need rnore area than gUj-tlingstructures and vroul-d occupy a large area of the linber f'allsCorporation property.
The optimal sol-ution is for guiding structures (earthen dikee)to keep the runout zone of the avalanche within certain linits.
SUGGESTIOI'iS tr'OR THE DEIENSE WORKS ( see figure I )
The runout zone of the Tinber tr'alLs Avalanche (tto.6) lies
on a cone like al1uvial fan ( convex curvature of contourl-ines) thus allowing the avalanche to run in any directlonover a wide area. A prominent point near the apex of the cone(point 2) acts as a splittlng wedge and promotes a eilreadlngof the avalanche.
The purpose of the defense work is to channel the avalanche.This can be done by renoving the splitting wedge by excava-ting a channel and using the excavated naterj-al to buil-d two
Cgg_anC_qikgg. The two earthen dikes naneal dike-east anddike-west are deslgned to keep the runout zone of the ava-
l-anche as sma1l as possible. The dike crest has a width of10 feet (Jmeters) aid the sl-opes - both the cut and the f111 -are 1f2: r (51%).
The rrrnout zone of the avalanche has been surveyed to findthe optimal location of the two dikes. The survey points(Nos. L to 8) have been lndlcated and shown to Mr. JinReinecke on August 18, 197j. The axis of the two dlkestnarked by points DE I to DE 4 for dike-east and DW I to Dlt ?for dike-west have also been shown to Mr.Jlm Reinecke. Todesign sufficient catching capacity it was necessary to shiftthe axis of the dj-ke-east i3 feet (10 rneters) to tne eaet,
between the points DE J and DE 4 and to go fron DE 3 straightto DE 0.
Figure 2 shows the longltudinal profile of the terrain 1n
between the survey points L - 2 - 5 and along the axie ofthe two dikes. Excavatlon of the channel besins at point Avrith a cut slope of Ll2;L (67%). Ihe naxinui excavaiion depthl-ies between points D and 2, while the average depth betweenthese points is 41 feet (12.6 meters).
The grade of the floor (point B to C) is f0%. The grade ofthe dike crest j-s at first 5% (DE 0 and Dll O to 2) and then16%. T]ne maxi-mum dike height, near DE 1, D'J[ I, DII 2 and DE 2'is approxlmately 46 feet (f4 meters). Cut and fill grades arelfZzL (see cross sections figure 2).
fhe volurnetric capacity of the dj-kes between cross sectionsD - B and DE I is-115,i00 cu.yds. (88,OOO p3). Ihere is anadditional capacity of 26,0O0 cu.yds. (ZO,OOO nf) betweencross sections DE J and DE 4 (DW 7) thgs resulti-ng in a totalcapacity of 141,j00 cu.yds. (108,000 p)) which will contain
I
the total-s]iding volume of snow of L37t10O cu.yds.(to5,ooo mr).
The vol-umes of the dikes (fi11) are:
Dike-east 2j,7OB cu.yds. ( 18'125 nl )Dike-west 44,718 cu.yds. ( l4'tee n: )
total 68,426 cu.Yds. ( 52,113 ni )'
The total excavated material amounts to 44r500 to 65r400cu.yds. (34,OOO to 5O,O0O ml) whereas for the dikes a totalof 68,400 cu.yds. ( 5Z,3OO nl ) is needed. [he difference
can be obtained at the main excavation in the vicinity ofpoint 2r
The nain question for the excavation is how deep the bedrocklies, and-this would probably be answered with a test borlng.
Fron the lower encls of the dikes (DE 4 and DW 7), securityIines (edge of runout zone) running to Gore Creek nust be
observed. Withi-n these lines no construction can be pe:rnitted.
Hovrever, the terrain can be used for recreational purposes
during summer"
4
Davos-Dorf, Septembet 20, I97j
Hans Frutj.gerVilIa Vecchi.acH 7260 DAVoS-DORr
SlYlf ZERIAND
TO:
FROM:
MEMORANDUM
Planning and Envircnmental Commission
Community Developmcnt Depanrnent
Junc 8, 1992DATE:
SLIBJECT: A request for a major subdivision, Forest Glcn, locaed on an unplated 7.5 acte
parcel generally located east of Nugget lane and south of Go're Cleck.
Applicant Tinberfalls Associars, Ronald H. Riley
Planner: Mike Mollica
I. DESCRIPTION OF TIIE REOI]EST
Timberfalls is a 7.5 acre unplatted parcel, generally locatcd east of Nugget Iame and south of
Gore Creek and Streamside Circle West, in the East Vail area. The property is bounded by
the Timberfalls Condominiums to the east, Gore Crcek and duplex-zoned lots to the north
(Streamside Circle), duplex-zoned lots to the west (Nugget Lane), and a large, unplatted
parcel of land zoned Agricultural and Open Space to the south.
The applicant, Ron Riley, representing fimberfalls Associates, recieved the following Town
approvals for the Forest Glen project on November 5, 1991:
l. The establishment of a Special Development District, and
2. Preliminary plan approval for a major suMivision.
The current request before the Planning and Environmental Commission is for the
review of the Final Plat for the Forest Glen Subdivision.
II. BACKGROUNDANDHISTORY
Thc property is currently zoned Special Development Disrict, having previously been zoned
Inw Density Multiple Family 0.D1"tr). Under the LDMF zoning and based upon the
buildable area of this site, the zoning allowed fo'r a total of 55 dwelling units. However, the
approved SDD development plan is comprised of 14 residential lots. Each lot, with the
exception of Iots 10 and 11, has the approval f;one singleEiiy dwelling unit, plus one
"caretakerunit,"foratotalof 26dwellingunits. Ints 10and 11aredesignatedassingle
family lots. The total GRFA approved is 62,200 square feet. LDMF zoning allowed for
81,M2 sq. ft. of GRFA. The lot sizes range from approximarely 14,900 sq.-ft., up to
approximately 40,000 sq. ft.
Access into the suMivision will be provided via Nugget l,ane, immcdiately south of the Gore
Cheek Bridge. Access into the individual lots will be provided by a publii, 244oot wide
road approximately 550 feet in length, ending in a culde-sac. Lot numbers lGl3 will have
a separate access just south of the main subdivision roadway. All utilities will be located
underground.
As discussed at the heliminary Plan review, entry landscaping has been Foposed as a part of
the subdivision design (please see the anached fu*ing). Due to the applicant's concerns
rcgarding maintenance and upkeep, and some potential wetlands issues Qack of watcr flows in
the summer and fall), the applicant has decided not to include the two small ponds, which
werc part of the hreliminary Plan, into the final design.
The applicants' plan for the completion of the subdivision is to install the site infrastructure
during the summer and fall of 1992.
III. ZOMNG CONSIDERATIONS
The table on the following page oudines the Timberfalls' zoning analysis, indicating the
underlying zoning, which is LDMF and the approved Special Development District- Theproject's departures from the LDMF zone district standards are hightighted in bold type.
o
Underlying Zoning
Iow Dersiw Multiole Fgnilv
Site tu€a
Area Ovo 40% Slqe
Arca l-cated Within
100'Ycar Fbodplain
Buildable Area
Minimum l.ot Arca
Minimum Frcntrge
Se6acks
Front
RearAides
Building Height
Density
GRFA*
Site Coverage
Landscaping
Parking
326J@ sq. fL or ?.5 rres
-35363 sq. ft"
-21.144 sc. ft.
?jtON q. ft-
10,000 sq. ft" of
buildable area per bt
30 fr
ntu
20 ft.
35 ft - flat rmf
38 ff" - sloping roof
9 DUs per buildable rcre,
or 55 DUs for dre site
81,0f,2.7 sq. ft. or 30%
114345 sq. fr. or 35%
A minimum of zto% of erch
lot shal be landscaped
Per TOV parking standards
Aooroved SDD
326,7N sq. ft. or 75 rres
-35363 sq. ft"
-21.144 sq. ft"
?:t02D q.ft-
Vrrics, ftom t,176 sq. fL
to 29P55 sq. fL
Vrries,, sce rttrched
Cic pbn
20fL
20 ft- rear
15 fL sides
33 fL . sloping roof
14 DUs, 12 wirh
crretaker units = 26 DUs
62'71}0 sq. Jt. w 23%..
nc ,, " ,\,h.
62'7lXl sq. ft. or 2395.*t
A minimum of 40% of e*,h
lot shall be landscaped
Fer TOV parking standads
*.@,
*r@:
***NOte.
GRFA shall be as described in Sectiqr 18.$ of tlre Town's Municipal Code. Ir should also be
noted that the provision fa an additiorul 425 sq. fr- of GRFA, which is applicable to certain
zone disrics,@g apply to rhis SDD.
orr tots l-5 the maximum allowable GRFA fisted inchdes a minimum of l,o0 square feet,
which shall be utilized as basemenr space, tocated subsantially below grade, The maximum
allowable GRFA on these lots for the above ground ryrce is the toal GRFA lisred above minus
I,000 square feer It is ggg a requirement that any dwelling unit harre 1,000 sq. ft. of basemenr
space, but if a lot owner wMes o utilize alt the allowable GRFA for a given lot, then a
minimum of I,000 sq. ft, shall be required !o be utilized as basemenr sprce.
ort Lots 12-14, 500 sq. ft of the maximum allowable GRFA shatl be utitized only as basernenr
space, as described above.
The maximurn allowable site coverage for each individual lot shall not exceed dre maximum
allowable GRFA for each lor
Iv. REVIEW CRITERTA FOR A MAIOR SUBDTYISION
The PEC review criteria for major subdivisions are found in Section 17.16.110 of the Town
of Vail Subdivision Regulations and read as follows:
"The burden of proof shall rest with thc applicant to show that the application is in
compliance with the intent and purposes of this chapter, the zoning orrdinance and
other peninent rcgulations that the PEC dcems applicable. Duc consideration shall be
given to the rocommendations made by public agencics, utiliry companies and other
agencies consulted under Section 17.16.090. The PEC shall review the application and
consider its appropriarcness in regard to town policies rclating to subdivision control,
densities propose4 regulations, cdinances and rcsolutions and other applicable
documents, environmental integfity and compatibility with the surrounding land uses
and other applicable documents, effects on the aesrhetics of the town, environmental
integrty and compatibility with the surrounding land uses."
It is the position of the planning saff that the applicant has mct the Final Plat rcquirements as
stated in the zoning code and that the Final Ptat is in comformance with the previously
approved Prcliminary Plan for the subdivision.
As stated at the Preliminary Plan review, the staff is of the opinion that the applicant has
designed a subdivision which is very responsive to the existing natural conditions on the site,
such as the Gore Cleek 100-year floodplain and associated setbacks, the natural topography of
the site, and the existing, maturo spnrce trees.
The applicant has incorporated architcctural controls and design guidelines into the
subdivision's Declaration of C-ovenar$s, Conditions, Restrictions and Easements of Forest
Glen. The intent of these architectural controls is to supplement the cxisting Town
regulations regarding architectural design, (please sce attached design guidelines). Dwelling
units and garages shall be designed within a single structure. The applicant has agreed to
abide by the requirements in Section 18.54.050(D of the Municipal Code, should i separation
of the primary unit and/or caretaker unit andlor garage be requested.
V. STAFF RECOMMENDATION
The saff recommendation of the proposed Final Plat, for a major suMivision for Forest Glen,
is for approval. It is the staffs opinion that the applicants'rcquest me€ts rhe Final plat
(Major subdivision) revicw standards as stated in chapter 17.16 of ttre zoning code.
o
Staff recommends the following conditions of approval:
l. That the plat not be signed by the Town until a wrinen agrcement (SuMivision
Improvcment Agrcement, SIA) between the Town and the subdivider is completed, in
order to guarantoe the construction and maintenance of the subdivision impmvements.
The SIA shall bc written pursuant o Chaptcr 17.16.250 of the Town's suMivision
regulations.
That the plat not bc signcd by thc Town until the School Iand Dedication Fee be paid,
pursuant to ffiinance No. l, Serics of l9l. The fec for this project totals $1,884.35
(26 units x .01,1495 x $5,000).
3.That the Town of Vail not issue any gnding and/or building permis for the Forcst
Glen Subdivision, without the "sign-off' and written approval of the Army Corps of
Engineers.
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EXHIBJT ilBrr IFITMAY i l me
FoRElir cLEN DESTcN GuTDELTNEs
A.GeneraL,/fntent
1' rt is the resporrsibility of each 1ot owner to understand andcornply vith tova of vaii io"i"g ."q"it.;"itJ-rni.r, includereg.ulations Fegrleing ii.hi{ecturat and landscape designguidelines.
2' Il:=;J;?ltill:1,:_:nd_suiderines-are intended ro supplemenr
occurs, trre ;B:;";l:lirlli"E"i::ii:i:".:f.$";:,::I. ;"H:::.
qui.deline" "lL1+ ue utiiizeJ in coniunction with the Town ofvail Desig" L:"]"y process and are meant to reinforce thenatural beauty nno i"uiiiv "i ror"st Glen.
B. Architectural Guidell;igg
l-- Intent. tn".i:',-:"a-of these architectural guidelines is toencourage i"ul::r"?+ "*pi.=uion in the a".i!"-ot each hornewhile at the sai+ time ;;i;i;q forth sorne basic criteriawhich wirt prov;,:e a ceiiJii-'i.".r of consi.stency throughoutthe development,
Ihg-Ig"t {t'rr und naterials are a najor elenent ofbuilding f--';n. rn order to provide a compatibility1t9ls the :4 hornes within r"i.=t-eten onl| th;----,following :,-of shapes are permitted within Forest clen:
- Gable 1e61- Parti;; Hip Roof- Ful_l t,p nbor
Ihe rninirnul. roof pitch shalL be 6 feet in 12 feet.
a]] rgo{ Ina-erials shall be natural woodsnrngl-e/ sn,eres.
al .
l^
C'
and wall oPenings fromto a buiLdings character.
rnininnn of 24tt, excePt in
overtrang would restrict
ttnl
j'iaterlala rnd flnl'sbes can lend visual interestnr,: olth tha erceDtLon of loq trones in Forest
.::i"ir aie'Iiaat tuo naterials rith at least 20* of the wall;f'atl boDes shalt
.. _. -;r.- ,. : : !" 1".: ' l'surfac€ covered by the secondary material . No more' - .:'-;,.'. ' th:n three differ3nt wall materials shall be utiliz: .:i'; "' tlin-tfrree differ3nt wall materials shall be utilized
upon the exterior of any hone. owners are encouraged
to utillze a conbination of natural .materials such as
rrood, 1og, stone and stucco finishes. on wood surfaces
only transparent stain of natural earth tone colorsshall be utilized. No painted wood surfaces shall beallowed. A11 exterior colors shall be natural' muted
earth tone col-ors.
The following exterior rnaterials shall be prohibited:
- concrete block- briclc- ceranic tile- aluninuil or plastic siding
- steel siding- sirnulated stone or wood
- asphalt or hardboard siding
c. A11 windows sha1l be conprised of clear glass orstained glass. No green tinted windows shall bepermitted.
tr'-i.Li:y Boxes,/Meters
a. Al-1 utility meters/boxes shall be concealed from viewfron the street and integrated into the overall designof the home.
5. T'rash Enclosures
a. l;o free standing enclosures for trash shaLl be
ccnstructed upon any lot. AIl trash storage areassball be designed to be integral with each horne.
d.
to
of
b.
c.
a. .Each hone sha1l contain a garage capable of enclosingat least tvo automobi-Ies.
l,andscape Guidelines
L. Intent. The natural landscape of Forest GIen is one of thesite's most important qualities. Development of the sitenust not destroy this guality but shouLd enhance it. Thegoal upon eactr. site should be to protect and enlrance as nuchof the natural vegetation upon each site as possibfe whendesigning a home. To enhance the existing naturallandscape, planted vegetation shall compliment nativespecies and be conpatible with existing environmentalconditions. Care should be taken to protect existingvegetation to be preserved during construction.
2. Plant Materiat Sizes.material-s survive and
minimum tree sizes at
a. Deciduous Erees:b. Confiers:
3. Dri-vewav Surfaces
In order to ensure that planted tree
have a pleasing appearance, ttrethe tirne of planting shall be:
Minimurn 2 L/2 tr Caliper
Mininurn 8' height
a. Perrnitted materials for driveways are asphalt, unitparers, or concrete. If concrete is used it shall- be
colored in natural earth tones.
4. Culvert openinqs. When culverts are installed under
driveways which access Forest Glen Drive, their openinqsshall be faced with natural river rock stone masonry. Thegoal is to conceal the rnetal culvert ends from view fron tbe
road.
6. Fences. Fences that arbitrarily follow individual lotproperty lines shall not be perrnitted. When utilized to
enclose linited portions of a yard, fencing should be of a
design and scale that is compatible with tbe architecture of
the home and landscapinq.
Etrniutrf i 19920
DEPARTMENT OF THE ARMY
U.S. ABIIY EIiIGII{EER DISTRICT. SACRATEITO
CORPS OF ENGINEERS
1325 J STREET
SACRATENTO, CALIFOBNIA 95/81+29?,2hEPLY TOattElTtota oF
June 16, L992
Regulatory Section (199275010)
Dames & llooreAttn: Dr. Loren Hettinger
Denver National Bank Building1125 17th Street, Suite 12OODenver, Colorado SO2O2-2O27
Dear Dr. Hettinger:
I am responding to your reguest for a Department of the Arrnypermit to discharge dredged and fill naterial in an unnamedtributary of core Creek in East Vail, Eagle county, Colorado forchannel relocation, affecting 0.O15 acre of wetland and stream.The project is known as the Forest Glen Subdivision development.
The Chief of Engineers has issued Nationwide General Pernitnumber 26 that allows for the placement of dredged or fillnaterial in waters of the United States for your project. Yourproject can be constructed under this authority provided the workneets the conditions listed on ttre enclosed information sheet.
We note that plans have been changed to elininate the series ofponds originally proposed and that you will rnonitor the wetlandnitigation for a period of three years following the ctrannelchange. Please subrnit annual reports to this office in Octoberof each year of nonitoring on the auccess of the mitigation.
This verification will be valid for a period of thro yearsfron the date of this letter unless the nationwide pernitauthorization is nodified, suspended, or revoked. You shouldcontact this office if work will extend beyond this date.
ff you have any questions, please write to Mr. MichaelClaffey, of this office, or telephone (3O3) 243-Lt99.
Western Colorado Regulatoryce402 Rood Avenue, Room 142
Grand Junction, Colorado 81501-2563
y Gta
Enclosure
Copies Furnished:Dr. Gene Reetz, Environmental Protection Agency, Attn: 8WI'|-SP,
999 18th Street, Suite 5OO, Denver, Colorado ao2o2-24o5ur. Dan Collins, Subdistrict Chief, U. s. Geological Survey,Post Office Box 2037, Grand Junction, Colorado 81501
Town of VaiL, Planning Department, Vail, colorado 81657Tinber Falls Associates, Attn: R. Riley, 288 Bridge Street,VaiI, Colorado 81557
irEC,D JItI,,, , ^" ' t :tl!92
AFFILIATED NATIONAL BANK BUILDING
I125 S|:VENTEENTH S]'RI:ET. SUITL 1200. DUNVER. COLORADO 8020]-1027
(30-r) 294'9100 FAX: (303) ?99-7901
lune 12,1992
Mr. Mike Mollica
Senior Planner
Department of Community Development
Town of Vail
75 S. Frontage Road
Vail, CO 81657 File: 2t1222401450
Re: Forest Glen SuMivision/Wetland Delineation and Mitigation Plan
Dear Mr. Mollica:
As per Mr. Ron Riley's request, a copy of the above-referenced report is hereby provided
for your information. This report was sent to the U.S. Army Corps of Engineers in Grand
Junction, CO for their review. A decision by the Corps on the mitigation plan to reestablish
wetlands should be rendercd this week. A copy of the letter indicating a decision on the project
will be sent to you upon its receipt.
Please contact me if you have any questions on this matter.
Sincerely,
LRH/rs
Encl.
DAMES & MOORE
/,*Kl'l''frW
Ilren R. Hettinger, Ph.D.
Senior Ecologist
ti , l- .\.,ll i .\ ,j
o_@n ,.
- tt .! (.: '" /ggaDeuss & Moonp
r2ssEVENrEE,Sli!?f$?i$ff'"I$3,'ST\,BH1."Ji&^""Bozoz-2027
(303) 294-9100 FAX: (303) 299-7901
May 28, L992
U.S Arny Corps of EngineersWestern Colorado Regrulatory Office
4O2 Rood Avenue, F.n 142Grand Junction, Co 81501-2563
Attn: l,!r. Michael Claffey
Re: Forest clen Subdivision Wetland Delination - Mitigation Plan
Dear Mr. Claffey;
A report addressing wetlands that would be affected by subdivisiondevelopnent in East VaiI, CO and means to rnitigate such effects isattached for your revien. Developnent plans have changedsubstantially since we spoke with you about this project in lfarch,and, through delineation that was conducted at the end of April,the affected area is less than first thought. Hopefully thisreduction in wetland area being affected by the project, and in-kind replacenent that is planned witl expedite your revien andapproval of this project.
Please contact ne if you have any concerns on this natter.
cc:R.Riley,228
D. Miller
Bridge St., Vai1, co 81657
oFFlcEs \it/oRLDwll)E
O
I?onald H. R.ilea
December 10, 1992
Mike MOIIica
Community Development
Town of VaiI75 S. Frontage RoadVail, CO 81657
Dear Mike:
As I prornised during our phone conversation regarding the rocks in
Timber Fallst avalanche chute, I've enclosed a copy of the letter
from Art Mears. The rocks are sti1l there but, as indicated in theletter, represent no increased risk to any existing development oneither side of the avalanche berns. We wiII remove the rocks thisspring.
If you have any questions, please feel free to contact ne at the
numbers listed be1ow.
Yours truly,
{I*fu"^
Ronald H. RiI€
RHR/clh
Enclosure
, fuorb,
.'ttq
228Bidge Street, Qail, Oolorado 8t6sZ . 3o3-4764to)t4t5o
t.O
a
\
ARTHUR I. MEARS, P.E., INC.
Natunl Flazardr Corulunr
222 Ll Catlic Avc.
Gurriro, GIaa& 81230
t03 - u1.32%
December 7, 1992
Mr. Ron Reilly
Timberfalls Association
228 Bridge Street
Vail, CO 81657
Dear Mr. Reilly:
As you rcquested, I have cornpleted a re-evaluation of rhe aciequacy of the avalanche-griding
berms at the Timberfalls development. This re-evaluation was necessary because boulders
were deposited within thc bcrms on the flat arca abovc thc tcnnis courts during the latc
summer and fall of 1992, thereby reducing the berm capacity to convey and laterally
constrain the design avalanche. These berms were originally designed by Mr. Hans Frutiger
in 1973; the "as built" condition of the berms was evaluated bv me in 1991.
NEW BOULDER DEPOSIT
Approximately 1,200 to 1,500 yd3 of boulders, covering an area approximately 4-5 fcet deep,
and 8,000 ft2 area were deposited above the tennis courts during the late summer and fall of
1992. Most of the boulders are 2 - 4 feet in diameter. Because the boulders occupy some of
the cross-sectional area between the berms that was designed to convey avalanches, the
carrying capacity or "conveyance" of the berms has bccn rcduccd.
MODIFMD AVALANCHE-DYNAMICS CALCULATIONS
The Swiss avalanche-dynamics procedures (Salm, 1990) were applied to compute thc size of
a structure required to convcy the design avalanchc in my 1991 report and once again in thisrePort' The initial slab release conditions assumed in this report were identical to those
outlined in detajl in the appendix of my report to you dated September 4, lggl. However,
the sliding friction coefficient in the area of boulder deposit was increased by l\Vo (from
0.20 to 0.22). These new assumptions reduced thc vclocity and runout distance, but had no
significant affect on the deposit height or flow height of the design avalanche, according to
the Swiss calculations I complctcd.
AFFECT OF BOULDER DEPOSIT ON AVAI-ANCHE
Although the cross section of the berms has been reduced by approximat ely tS%o directly
above the new rock deposit, my revised calculations show that the berms will convey thcdesign avalanche without spilling over the top of the berms. However, if a major wet-snowavalanche occurred, the high snow densities and thrust pressures of the sliding wet snow andentrained debris could movc somc of thc bouldcrs into thc tcnnis court area. Movemcnt of
IiEUEIVEDDEC09 lggz
lvtus Wa ing . Auhnche: . Aulanch Contat Englncutng
theboulrJcrsintoanewlocationcouldquicklychangetheshapeoftheru:routzoncbclowthc
berms by dcflecting *"r-rr"* .r"ranches latcraur l?io n.* tl^ircctions" This would not bc a
hazardduring this *int", U"Lure the tennis """.i#;;ili * U" occupied' however damagc
to the tennis courts woulJbe more extensive as a result of boulder impact' Futurc
development of homes west of the tennis "o"n, uri *"th of Gore creek could' thcrefore' be
reachei by deflected avalanche debris'
RECOMMENDATIONS
Thebouldcrsdonotrequircimmcdiatcrcmovalbecauscthcdcsignsnowavalanchewillbc
contained within the b.il;;;';if the boulders in place. The additional damage to
facilities located u"ro* ti" boulders as a result "i^"i"""h. transport of some of the boulders
does not endanger o""uion,, au;ng the winter.
'i r".".rr""a the boulders be removed during
the snow-free season ,,i """iJ "r"irfi.ation of the avalanche runout zone neat tba tcnnis court
area that could result i, J*ir" deflcction or sno* into proposed buildine sites during
design-avalan"t" .onoitil]rrl' 1,i, i, ouviousty"not'"" "l-rlg.n"v situatiJn because buildingp
ar" iot cunently exposed to thc design avalanche'
REFERENCES
Frutiger,lI.,lg'T3,Anavalancltedefenseworkstuds'fortheTintberFallsCorporation:
Unpublished rePort, 5 Pages' maPs'
Salm, 8., Burkard, A', ancl Gublcr' H'' 1990' Berechnung von Fliesslawinen eine Anleiung
fur prakttker mit Beispi;i;n: Mittcilungen a", Eiag.nosiischen Instituts tur Schnee-und
Lwinenforschung No' 47, 37 Pages'
Mears,A.,L99l,UnpublishedlettertoMr'RonReillydiscussingsnowavalanchedynamics'
berm capacity, and debris flows' 6 pages'
Pleasc contact mc if you havc any questions'
SincerelY,
Mh[\r,[\pc,,,o
Arthur I. Mears, P.E'
Avalanche-control cnginccr
Encl.
I
o *t
OBDINANCE NO,36
Series ot 1991
:
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OFSPECIAL DEVETOPMENT DISTRICT NO. 27,FOREST GLEN (A.K.A. TTMBER FALLS); ADOPTjNG ADEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO.27IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODEAND SETTING FOFTH DETAILS IN REGABD THERETO.
WHEREAS. Chapter 18.40 of the Vall Munlclpal Code authorlzes Speclal Developmenl
Dislrlcts wilhln lha Town ln order to encourago tlexhility In lhe development ol tand; and
WHEREAS, appllcation has been made lor Special Development Dlstrlcl approval for a
corlaln parcel of property wlthln the Town. generally described as an unplatted parcet located
East of Nugget Lane and south of Gore Creek and legally described ln the atiachsd Eihibit A;
WHEREAS. In accordance wlth SocUon 18.68.140. the Planning and Envlronmental
Commisslon held a publlc hearlng on the proposed SDD, and has submltted a recommendatlon
for approval to the Town Councll; and
WHEREAS, all notices as requlred by Sectlon 18,66.080 have been sent to tho
approprlate parties; and
WHEREAS, the Town Council has held a publlc hearlng as requlred by Chapter 10.66 ol
the Vail Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORAOO THAT:
Section 1
The Town Council finds that all the procedures lor Speclal Development Dlstricts In
chapter 18.40 ot the Municipal code of the Town ol Vail have been fully sattsli€d.
Sectlon 2
A Speclal Dovelopment Distrlct ls establlshed to assurs comprehenslve development and
use of an area In a manner that would be harmonlous with the general characler of the Town,
provlde adequate opon spacs and promote lhe oblectlves of lhe Zonlng Ordlnance of the Town.
Sectlon 3
The Town Council finds that lhe development plan lor Speclal Development Dlstrlct No.
27 meets each of the standards set lorth ln Seclion 18.40.080 of the Munlclpal Code of the Town
of Vall or demonstrales that elther one or.mora of them ls not apptlcable, or that a pracllcal
t
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t
}\,
solution conslstent wlth the public Interest has been achleved. In accordance with Sectlon
18.40.040, lhe development plan lor Speclal Davelopment Dlstrlct No. 27 ls approved. The
development plan ls comprlsed ol those plans submltted by lnter-Mounlaln Englneerlng, Ltd., and
conslsls of lhe followlng documenls:
1. Topographlcal Survey; daled 4t6182, sheet 1 of l, revtssd 1}t4tg4 and ltzgtgs.
2. Slope Analysls; dated gl4lg1. shset 1 ol 1.
3. Tree Localions; dated 6/10/gi, sheet I ol l, revlsed gt2glgl.
The development plan ls also comglsed of those plans submttted by Dennls Anderson
Assoclates, Inc., and conslsts of tre followlng:
1. lllustratlve Slte Ptan; dated 9/9/91.
2. Prelimlnary Slte PlaU dated 6/10191, sheel I ol 1, revised 6l2gtg1.
The development plan also requires the approval ol the Flnal Plal lor the major subdivlsion, as
approved by the Town's Plannlng and Envlronmental Commlsslon.
Sectlon 4
Development standards for Speclal Development Dlstrtct No. 27 are approved by the Town
Council as a part of the approved development plan as follows:
A. SETBACKS:
Setbacks shall be 20 leet front, 20 feet rear, 15 feet sldss and as turther restricted
on the dovelopment plans sel forth In Section 3 ol thls Ordinance.
B. HEIGIIT:
Buildlng helght, for a sloplng roof, shall nol sxceed 33 leet from exlstlng or llnlshed
grade, whlchever ls more restrlctive.
C. DENSITY:
Development In SDD No. 27 shall be llmlted to 1 slngle famlly dwelllng lor Lots 10
and 11; and to 1 single lamlly dwelllng, wlth an optlonal carataker unll, lor Lots 1-9
and 12-14. Gross ResldenUal Floor Area (GRFA) shall be as described In Sacilon
18.04 of lhe Town ol Vall Munlclpal Code. lt should also be noted that the
provlslon for an additlonal 425 sq. ft. of GRFA, whlch ls appllcable lo cerlaln zone
districts, does not apply to ttris Special Development Diskict. The GRFA for SDD
No. 27 shaU be allocaled as follows:
2
\
dO'iD
!e!
1
2
3
4
5
6
7
I
I
10
tl
t2
13
14
Maxlmum Allowable GRFA
4,500.
4,50O'
4.300.
4,500'
5.000'
4.000
4.800
5,000
4,800
4,500
4,000
4,300"
4,300"
4,200"
On Lols 1-5, lhe maxlmum allowable GRFA llsted lncludes a mlnlmum of
1,000 sq. lt., whlch shall be utlllzed as basement spac€, located
substanllally below exlstlng grade. The maxlmum allowable GHFA on
thess lots lor the above ground space ls ths tolal GRFA llsted above mlnus
1,000 sq. ft. lt ls gq! a requirement that any dwelling unit have 1,000 sq.
ft. of basemonl space, but ll a lot owner wlshes to ulilize all lhe allowable
GRFA lor a glven lot, then a minimum of 1,000 sq. ft. shall be requlred to
be utillzed as basement space.
On Lots 12-14. 500 sq. lt. of the maxlmum allowable GRFA shall be
utlllzed only as basament spacs. as descrlbod above.
1. All caretaker unlls shall be restrlc-led to a ma,rlmum GRFA ol 900 square
leet.
2. No carslaker unlt shall be sold, transfered. conv€ysd or subdlvldod
separately from the main, or prlmary unit.
9. No caretaker unlt shall be leased or rented lor any perlod less than 30
consecullve days.
r|}
SITE COVERAGE:
The maxlmum allowable slte coverage lor each Indlvldual lot shall not exceed the
maxlmum GRFA for each lot.
LANDSCAPING:
At feast torty porcent (a0%l ol each lot shall be landscaped. The mlnlmum wldth
of any area qualilying as landscaplng shall be fitteen feet, with a mlnlmum area not
less than three hundred square feet.
F. PARKING:
Parklng lor SDD No. 27 shall be met ln accordance with ths off-strest parklng
requirements as specltied In Section 18.52 of ths Municlpal Code of lhe Town ol
Vatl.
Sectlon 5
Amendmenls to the approved development ptan may be granlsd pursuant to Secllon 18.40
of lhe Munlclpalcodo ol lhe Town ol Vail.
Sectlon 6
Approval of Special Developmenl Dlstrlct No. 27 shall be contlngent upon lhe approval of
Final plat. for a maJor subdivlslon, for the property legalty describsd ln the attached Exhlblt
Section 7
lf any part, secilon, subsecllon, sentsnce, clause or phrase ol thls ordlnance ls for any
r€ason hetd to be Invalltj, such declslon shalt not elfect the validity ol the remainlng portlons ot
thls ordinance; and the Town Council hereby declares lt woulcl have passed lhis ordlnanoe, and
each part, section, subseclion, ssnt€nce, clause or phrase thereof, regardless of the facl lhal any
one or more parts, ssctions, subsections, sentences, clauses or phrases be declared Invaltd.
Sectlon I
The Town Council hereby llnds, determlnes and declares that thls ordinance ls necessary
and proper for the heatth, safety and welfare of the Town ol Vall and the lnhabitanls thereof.
E.
the
A.
4
,l
,/
Sectlon g
The repeal or the repeal and reenactmenl of any provlslon ol the Valt Munlclpat code as
provlded In thls ordlnance shall not afloct any rlght whrcfi has accrued, any duty lmposed, any
vlolatlon that occurred prior to the effecflve date hereof, any prosecutlon oomm€nced, nor any
olher actlon or proceedlng as commenced under of by vlrtue of lhe provlslon repealed or repealed
and reenacted' Tlre repeal of any provlslon horeby shalt not revlve any provtslon or any
ordinance prevrousty repeared or superseded unless expressry stated hersrn.
Sectlon 10
All bylaws. orders, resolutions and ordinances, or parts lhereol. lnconslslent her€wlth aro
repealed lo the extent onty of such lnconsistency. Thls rapealer shall nol be conslrued lo revlse
any bylaw, order, resolutlon or ordinance, or parl lhereot, lherelofore repealed,
INTBODUCED, BEAD ON FIRST READING, APPROVED AND OBDERED PUBLISHED
ONCE lN 691_1-, gle 15th- day ot October 1991. A public hoaring shall be held hereon
sn 6a 5th- day of Novenrber 1991, at tho regular meefing of the Town Councll of the
Town of Vail, Colorado. In lhs Municipal Building of the Town.
ATTEST:
FEAD AND APPROVED ON SECOND READING AND ORDERED PUBLTSHED
' thls 5Eh day ol Noveuber , 1gnt.
ATTEST:
(a
Kent B'. Flose, Mayor
Pamela A. Brandmeyer, fown Clerk
?lx-
Kent R. l{ose, Mayoi
I "i
Project Application
Y, s .72
Project Name:
Project Description:
Contact Person and Phone
Owner. Address and Phone:
Architect, Address and Phone:
A-e-,
Legal Description: Lot
Comments:
Design Review Board
Date
Motion by:C.i"*
Seconded by:/;h\: j-o't D ISAPPROVAL
Su mmary:
/! t,,H#,=
Date:t, s,1z*
E Statt Approval
.i
Acbent Lights
Pr rrerri Ann n:t,nnc lrooc--- Soottrqntrnq
i-t \-.: l,
f't
ahce. Gro-^:'rcL^teo lf e. 3re
lFjnt fnr nhlrnr-J .oae n.
i.hl '-' e..rl .l.- ..r
cls ol In:3rest w.ei
ounteo rn :'aes or ol
lures.
an n r_ -o.r .!^^.1 l.rt"< ..,4
rmLm Q are contro are
ed. the .1221 a.],a 1226MV
Lde uneoL.ralec oerforn'-
Specifications
Body: D e casl a umrn,,.rrl
Swivel: Dre cast alumtnum wrlh
3ckrnc leeth and .1" N PT 'or
-crl nl ng
Socket: Porce arn meoiurn
case rvrin st'rccne amp gaskei
Wiring: No 18 AWIVI rated '05"C
Finish: Dark Bronze cakeo
-.narnet
Suggested Mounting Options:: ra,ltlea iu ral J-Box. Beicw
Graoe Junctron Box Portab e
Scear or Sirface Mount See
ifications
: Die cast a um num Swivel: Die cast alumrnum wrtf, ock nq
and %" N PT. for mounting. Lens: Convex ciear temoe.ed
lass. Socket: Porcelain medium base u,,rth s llcone lamc aasket
: No. 18 AWN,4 rated 105'C Finish: Dark Bronze ba{eo
Ballast Box: One piece cast alum num bal ast ar3 solrce
pre-wrreo \i,/rth antr-s phon barflers between compari:-e'rts
pressure-tested fully gasketed cast alurnjnum cove.s b tu'
Lrde.coa: ng h.gn power fac:or calasl fo' - 20'F ::ar:rg
(P) 3/.," N P.T. rn cottom for conduit. 120 Vo t ba last standai'o 208
O. 277 Vclt avarlaole on reouest.
r cclv
PA R,38\IVvled Bas:
qizeuv
R-40 F .
'RetlectorFlccd MV-r' j4226MV\. .
Candlepower drstribution
typrcal nal'
'Avai ab e n 203 ZtC c' 277
'/b't. A.d voi:a.e to ca::39
i.rumber (eg. .+226N/V 2 --V.'
A o^-.^ -
'3C3r'-Tenael
\Lr A r:t ,rc _-'y
4226MV 'l,l,1i l-.iO cr "2C Vo Lt-.?,-:8 l,r'ec 3ase .-rC HzV3rc-:.,,Vaoo:'1Alv'iP
o epowe. c stnoLl or.
cal rall
P.,,.r-38 ^cances:3.: '23 vo t. Cast Al!.ntnLn
t
APPLICATION - TOTCN OF VAIL,
DATE APPLICATION RECEIVED :
DATE OF DRB MEETING:
! reviaed 9/4/9L
COIORADO
rgrs APPLrcmfil;;;iio, "" lccEPrEDnlrrrl ArL REQurT,r.*tlaoilt!:rroN rs snBrfrTTED
I.PROJECT TNFORMATION:
A. DESCRIPTTON:€r".t I ar..r. l,..>a
'' € o Re s\ C--L€ Nl."'
P,TYPE OF REVIEW:
New Construction (S200.00)Minor Alteration ($20.00)
Addition (S50.00)Conceptual Review ($0)
ADDRESS:
LEGAL DESCRIPTION: LoI BIock
Subdivision Foce:\ C-\.^
If property 1s described by a meets and bounds legaldescription, please provide on a separate sheet andattach to this application.
ZONTNG: SSD
n
E.
LOT AREA: If reguired,stamped survey showing
ensure the correct fee is paid.
FEE SCHEDULE:
VALUATION$ 0 - $ 10,000s 10,001 - s 50,000$ 50,001 - $ 150,000
$150,001 - $ 500,000
$500,001 - 91,000,000$ Over S1r 0001 000
applicant must provide a currentlot area.
NAME OF APPLICANT: -\ rrxMailing Address:J !,.-\L . ( D
H. NAME OF APPLf CANT' S REPRESENTATIVE: ?"L. -\,rq-..- A-.5 .Mailing Address, ,ot S- Eo-^J\^"e .(o Pdone q1G-1rs\
I.NAME OF OhINERS:'r'\ Q.....\ -
*SIGNATT'RE (S) :Mailinq Address:
J N\\, (o one q,1b-.{\So
Condominium Approval if applicable.
DRB FEE: DRB fees, as shown above, are to be paid atthe time of submittal of DRB application. Later, whenapplying for a building permit, please identify theaccurate valuation of the proposal . The Town of Vailwill adjust the fee according to the table belowr- to
J.
K.
'014u
iVuql
FEE$ 20.00$ s0.00
s100.00
s200.00
$400.00
$s00.00
* DESIGN REVTEW BOJARD APPRO\ZAI EXPTRES ONE YTAR AFTER FINAI
TPPROVAI. ONLESS A BUILDING PEBMIT IS TSSSED AIID CONSTRSCIION IS
STERTED.
**NO APPLICETION WILL BE PROCESSED TTITEOST OWNER'S SIGNATI'RE
1
|I
II. PRE-APPLICATT MEETING:
A pre-application meeting with a nember of th6 planningstaff is strongly encouraged to determine if any additionalapplication information is needed. It is Lhe applicant'sresponsibility to make an appointnent with the staff todetermine if there are additional submittal reguirements.Please note that a COMPLETE application will streamline theapproval process for your project.
II1. IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB:
A. In addition to meeting submittal requirements, theapplicant. must stake and tape the project sit.e toindicate property lines, buj.lding lines and buildingcorners. A1I trees to be removed must be taped. Allsite tapings and staking must be completed prior to the
DRB site visit. The applicant must ensure that stakingdone during the winter is not buried by snow.
B. The review process for NEW BUfLDfNGS normally requirestwo separate meetings of the Design Review Board: aconceptual approvaL and a final approval . Applicantsshould plan on presenting their development. proposal ata minimum of two meetings before obtaining finalapproval.
C. Applicants who fail to appear before the Design RevierdBoard on their scheduled meeting date and who have notasked in advance that discussion on their item bepostponed, will have their items removed from the DRB
docket. until such time as the i-tem has beenrepublished.
D. The followingi items may, at the discretion of thezoning administrator, be approved by the CorununityDevelopment Department staff (i.e. a formal- hearingbefore the DRB may not be required):
a. Windows, skylights and sinilar exterior changeswhich do not alter the existing plane of thebuilding,' and
b. Building addition proposals not visible from anyother 1ot or public space. At the time such aproposal is submj.tted, applicants must includeletters from adjacent property owners and,/or fromthe agent for or manager of any adjacentcondominium association stating the associationapproves of the addition.
E. If a property is located in a rnapped hazard area (i.e.
snow avalanche, rockfafl, flood plain, debris flow,wet'land, etc), a hazard study must be subnitted and the
owner must sign an affidavit recognizing the hazardreport prior to the issuance of a building permit.
Applicants are encouraged to check with a Town Plannerprior to DRB application to determine Lhe relationshipof the property to all mapped hazards
F. For all residential construction:
Clearly indicate on the floor plans the insideface of the exterior structural walls of thebuildj-ng,' andrnd.icate with a dashed f.ine on the site plan afour foot dist.ance from the exteri-or face of thebui-lding walIs or supporting columns.
If DRB approves the application with conditions ormodifications, all condiLions of approval must beresolved prior to Town issuance of a building permit
l-r
LIST OF MATERIAIS
NAME OF PROJECT:Ln^
LEGAL DESCRIPTION:
STREET ADDRESS:
'Al^I,OT- BLOCK
-
SUBDIVjSION G'c€a\ G-\e,\^ S.J{od"',is''arzr
DESCR]PTION OF PROJECT:
The following information is
Review Board before a final
A. BUILDING MATERIALS:
Roof
Siding
Other WalI Materials
Fascia
Soffit s
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashings
Chimneys
Trash Enclosures
Greenhouses
Other
PLANT MATERIALS:
PROPOSED TREES
LANDSCAPING: Name of Designer:
Phone:
required for subnittal to the Designapproval can be given:
TYPE OF MATERIAI COLOR
b2v.n'15 N ^ L^.:-.^.rqzb zq3\
Botanical Name Ouantitv Size*
h..o^ ?,^V^a .,tcd..' B\"eSo*&--{- 6'
EXISTING TREES TO
BE REMOVED
NON r
* Indicate caliper for deciduous trees. Minirnum caliper fortrees is 2 inches. Indicate height for coniferous
Common Name
trees.
PLANT r'lArEnr!:
PROPOSED SHRUBS
Botanical Narne
^.-i((rc..'rs \\o\o"\\c
comrnorGme ouancrrv Srze'
EXISTING SHRUBS
TO BE REMOVED
*Indicate size5 qallon.
GROUND COVERS
.\onipe( ) _S+A
dr.\L-j rfts
l0oP 6
of proposed shrubs. Minimum size of shrubs is
Tvpe Sguare Footaqe
n^liW,.. P*.*nlJ" Ao f
SOD
SEED
TYPE
OF TRRTGATION N i r..Jf
TYPE OR METHOD OF
EROSION CONTROL
C. LANDSCAPE LIGHTING: If exterior lighting is proposed, please
show the number of fj-xtures and locations on a separatelighting plan. Identify each fixture from the lighting plan
on the list below and provide the wattage, height abovegrade and type of 11ght proposed.
D.OTHER LANDSCAPE FEATURES (retaining wal]s, fences, swimmingpools, etc.) Please specify. Indicate heights of retainingwaI.Ls. Maximum height of walls within the front setback is3 feet. Maximum height of walls e.lsewhere on the propertyis 6 feet.
(Please
NA}.IE OF
NAI,:E OF
ADDRESS
NAME OF
ADDRESS
SIGNATURE
LOCATION OF
DESCRIPTION
S I GN./AW}I ING APPLI CATI ON
Print or Type)__-- z \PROJECT t-oces\ G\ew t n \ -t \rq ,/.
PERSON SUBMITTING --("..^. \EA-J PHOHE
Blr'f'! rlli
^ O tn^^rq'|', o J-- \-/ (J lVV4
APPLICATION DATE rlqr-
OF PROJECT
owNER ?. -{.,.^t"..- G-.tL &'.-.l^Vr pHoNE--yl-G--11.1-!2-
(>r'., $
OF OWNER
PROJECT
THE FOILOWTNG TNFORMATTON rS BE9IILBED. FOR SUBMTTTAL BY THE
APPLICANT PRIOR TO THE REQUEST BEING SCHEDULED BEFORE THE DESIGN
REVIEW BOARD.
A. DESCRIPTION OF THE SIGN/AWNING
PROJECTING, ETC), INCLUDE SIGN
(FREE STANDING,WALL,
MESSAGE. €
B.SIGN OR AWN]NG MATERIAL
c.SIZE OF OVER,ALL SIGN, SIZE OF LETTERING AND LOGO A F
H.
HEIGHT oF SIGN ABovE GRADE ? a=^--l"' -Ll.[ ("'
€\.$- [..{.{ '".^=+.i-0,} ,^ "a.-^l- \ \',\\,tt :.1'"- --'Zz-a-
DESCRIBE LIGHTING (EXISTING OR PROPOSED)
LENGTH OF BUSINESS FRONTAGE (FT)
CONDOMINIUM ASSOCIATION APPROVAL (ATTACH)
FEE: 520.00 PLUS 51.00 PER SQUARE FOOT OF sIGry AREA. -;\pArD Zb? cHEcK No. l[VLl D^rE '7/9 /72 w
Site PfanElevations showing exact location of sign or
awning on t,he building
Photographs showing proposed location
Colored scale drawing
Sarnple of proposed materiafs
Photograph of sign if available
1
2
3
4q
b
Sign Administrator
OVER
TO: SIGN APPLICANTS
llhen applicaLions for signs are submitted, the following
information is required:
1. A completed sign/awning application (attached).
2. A site plan showing the exact location where the sign
is to be located.
3. A photograph if possible and buitding elevation showing
the location of the ProPosed sign.
4. A scaled drawing which details the design of the sign,
as follows:
(a) Colored exactly as sign will be.(b) A List of materials to be used in sign (metal,
wood, canvas, Paint, etc.)(c) Photograph of sign if available.(d) Specific lettering slyfe and size.
5. If an awning is proposedl submit drawings showing
exactly how and where the awning is attached to the
building and how the awning is to be constructed.
6. Description of lighting that will be used in
conjunction with the sign or awning. If proposing. an
awning, lighting is not allowed to shine through the
entj.re awning which calls undue attention to the
busi.ness. r,ighting may sPotfight only the actual sign
lettering on the awning.
RECOMMENDATIONS OR POIN?ERS
1. Check sign code - verify site, height etc.
2. ne speciiic. vagueness on design, si-ze, construction may
delay the aPproval of Your sign.
3. Measure frontage of business.
APPLICATION FEE WILL BE REQUIRED AT THE TTME OF APPLICATION
SUBMITTAL.
If this application requires a separate review by any loca},
State or ij'ederal agency other than the Town of Vail, the
application fee snift be increased.by S200.00. -Examples of such
rLview, may include, buL are not linitect Eo: Coforado Department.
of Highway Access Permits, Army Corps of Engineers 404, etc.
The applicant shaLl be responsible for paying any publishing- fees
which are in excess of 50t of the application fee. If, at the
applicant's request, any natter is postponed,for hearingr causing
th-e matter to be re-published, then, the entire fee for such re-
publication shall be paid by the applicant.
Applications deemed by the Connunity Development frepartment to
nlve significant design, land use or other issues which may have
a significant inpact. on the community may require review by
consufLants other that town staff. ShouId a determination be
made by the town staff that an outside consultant is needed to
review any application, community Development may hire an outside
consultant, it sha}l estimate the amount of money necessary to
pay him or her and this amount sha]I be forwarded to the Town by
the appficant at the tine he files his application with the
Com'nunity Development Department. Upon completion of the review
of ehe application by the consultant, any of the funds forwarded
by the applicant for payment of the consult.lnt which have not
been paid to the consultant shall be returned to the applicant.
Expenses incurred by the Town in excess of t he amount forwarded
by the applicant shall be paid to the Town by the applicant
within 30 days of notification by the Town.
J TOWN OF VAIL-
DEPART;I{EI*T OF COMMLNITY DEVELOPMENT
'^*1-r,Lz-
0t 0000 41540
0t 000042415
0t 0000 42415
01 0000 42415
0t 00co 42415
NATIONAI ELECTRICAL CODE0t 0000 42415
0t cu00 42415
0t 0000 4t543
XEROX COPiES/STUDIES0l 000042412
PENALfi FEES / RE-NSPECTIONS0l 0000 4237t
0l 0000 d!332 i pllv ngvtgw RE-CHECK FEE [s40 pER HR.
OFF HOURS INSPESNON FEES
0l 0000 41412
SICN APPUCAT]ON FEE
0t 000041330
0r 0000 41413
ADDMONAL SIGNAGE FEE ISI.OO PER SQ.FT.0l 0000414t 3
lTC ART PROJECT DONAI]ON
PRE PAID DESIGN REVIEWBOARD FEE0l 00004133t
0000 410ro TAx
6aei^*s
4t330 'SPECIAL
*
*
,,
*
*
*
*
*
*
,t^z
odlnter-Mountain
O lA=-qineerinqltd-
PAVEI'{ENT DESIGN RECOM},IENDATIONS
FOR
FOREST GLEN SUBDIVTSION
LOCATED IN
NE1/4, Sw1,/4, SECTION L2t T5S, R80W, 5TH P.M.
EAGLE COI'NTY, COI,ORADO
PREPARED FOR
RON RILEY
PROJECT NO. 915708
MAY 1992
Box No. 978 . Avon, Colorado 81620 . 9495072 Denver 89$1531
1420 Vance Street . Lakewood, Colorado 80215 . Phone:232-0158
o
INIRODUCTION
Inter-Mountain Engineering Ltd has been retained to provide
recommendations for a pavement design for the Forest GIen
Subdivision in VaiI, colorado.
Forest Glen is a 14 1ot subdivision comprisinq approximately
seven and one haLf acres in East vail. (See the Vicinity Map'
Figure e) The fourteen single farnily lots will be served by a
single road which will start at Nugget Lane and extend
approximately 65o feet to the east and terminate in a cul-de-sac.
DESIGN CRITERTA
The following references were utilized in the preparation of
this report.
L) Soil and Foundation fnvestictation, Tirnber Fal-1s
Condominium Project, Prepared by Thomas E. Summerlee
Novenber 13, 1973.
2, Thickness Desicrn - Asphalt Pavements for Hiqhwavs andStreets (Technical Manua1 Ms-l) prepared by the AsphaltInstitute, September 1981.
3) Desiqn of Hot Mix Asphalt Pavements (Infonnation Serves109) prepared by the Natiional Asphalt Pavement
Association November, 1991.
4) Roadwav Desiqn, Standards and Specifications city of
Aurora March, 1983.
SUBGRADE I.iATERIALg:
?hree holes v,r'ere drilled on the site as a part of the
Summerlee Investigation, which included as Appendix B to this
report. The report identifies the subgrade materials as sandy clay
(cL).
Sandy clays are considered fair to poor subgrade materials for
roads, and typicatly fall into group classification A-6. The
California Bearinq Ratio (cBR) for these soils typically ranges
from 5 to 15. A cBR of 5 has been used for design.
DESIGN TRAFFIC
The Design Traffic Number (DTN) is the estimated average
number of equivalent 18,ooo pound single-axle-Ioad applications for
the design period. The design period is twenty years. The various
references used in the preparation of this report estirnate that the
DTN for local residential streets, which are not subject to regular
truck traffic to be 27,OOo to 3?,OOO for the design period. This
results in an estirnated daily average of 3 to 5. Five will be used
for design.
RECOI,IIdENDED PAVEUENT SECTION
A minimum section of 3 inches of asphalt pavement over 6
inches of granular road base is recommended for this roadway. As
an alternative, 5 inches of full depth asphalt paving may be used.
Design conputations are included as Exhibit rrBrr.
Asphalt pavenent should cornply with the requirenents of the
rrStandard Specification for Road and Bridge Constructiontr published
by the Colorado Department of Highways (CDOH), the most recent
edition. The bituminous rnaterials shall be grade AC-lo or Ac-20.
Aggregate shall rneet the specification for crade E. Base Course
rnaterial shall meet the requirements for Class 4 or 6.
sI'BGRJADE PREPARETTON
Prior to placing the pavernent section, the entire subgrade
should be scarifLed to a depth of 12 inches, moistened to optimurn
rnoisture content and compacted to 952 of the maximum standard
Proctor density within 2* of the optimum rnoisture content (ASTM D-
698,/AASHTo T-99) . Pri.or to placing the roadbase, the entire
pavement subgrade should be proofrolled with a heavily loaded
pneumatic tired vehicle. Areas which deform excessively under the
wheel loads should be removed and replaced prior to paving.
DRAINAGE
The collection and diversion of surface drainage away from
paved areas is extremely important to satisfactory performance of
the pavement. The design of surface drainage should be carefully
considered to remove all water from paved areas. Surface runoff
and drainage at the site may contribute to pavement distress.
Drainage and runoff is capable of entering the natural soils and
bedrock beneath the pavement. This water saturates the naterials
under the pavement, causing thern to lose strength, which can result
in pavement failure.
o
o
o
o
TtrInter-Mountain
lAfrtgineeringLrd.
P. O. AOX 97E
OO77 UITCALF RAAD
AVAN,COLORADO 81620(JgJ) 949- 5072
sutrE to,,420 VANCE STREE.
|AKEI1000. cotoRADo a02E(JO') 232-0t58
PRolEcr Na' l tslot
onrt r", shhz
SHIE| No./otr I
6o"tr 6 "tu - Fu,,,.e fl
ptrxtu caiex MEADows
___-_:_-;Fi_
:K PARK
;HORN
AODITION
EIGHORN3rd ADDITION
lOR N
,DITION
IGHORN
BIGHORN
TERRANCE/ ,o",
VAIL
WC/N/T,MAP
NOT TO SCALE A
GORE CREEK MEADOWS
APPENDTX A
o
o
o
oIInter-ltlountain
AtttgineeringLtd
P. O. 80X 97A
OO77 UE.CALF ROAO
AVON,COLORADO 81620
(39J) 949-5072
sut lE tol1420 VANC. STREET
LAKEWOOD, COTORADO 80215(JOj) 2J2-075E
"o6't#oe
'*(,f4- Jrns
SH.ET No.
\ o= 7-.-
A-o*o-.p^u..^.'..,.--Ba.--^^. =*DF'n\-)q,
\/qtr='oo
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ENGTNEERTNG DEpARTMENT S{99ggI--Otovn gltlto/78'
PAVEMENT DESIGN NOMOGRAPH
APPENDIX B
PRo.,e cr No. 363NovEirtseR 13, 197;
$0 | t- & FOUI'lDrt,_Ll0f,l I irVfSTl GATI0N
Tl r"1BeR FAr-r-s Cor"*oor.r t N t urr
PRoJccT
VAIt.
Eacle CouNTY, Cor-onADo
i: iir.-pr, nerr F:':'a:
"l ij.,l5r:ll' FA{.1..S t';URi>,-}R/\ T I C;\F;o;t .Ji'/
4;t9| E. r,:iip.ireir r.li?I \,q
Vi-:1 , co[c.t:r,cc 6i557/rTfx.: fuitt; cjA'"i it I Ri.'r,.,{.:r]r<E
TATLE CF COiiT[i']TS
Qor.rct-ustoNs
$0oP E
PROPOSED CONSTRUcTtOx
Ft ut-o I r.JVcsrt GATr ol.l
TABORATORY I N v T S T I G A T I O i.] ,
SuBsunrncE CoNol rt ci\ts
0l scuss t oN
OESI Eru AND COI!STRUcTIOI.J DITA ILs
00Hsrnuct tot'l I NsP Ecr I oN
TEsr BontNc LocATrcN FLAr't
TEST BONING LOGS
TuST EOntNG LOGS-LEGENo ANo NoTES
SWELL-COI'ISOL I DATION TEST RCSULTS
LAgORATORY TeST RESULTS
PAGE 1
PRce 2
PAGE 2
PAcs 3
PAGE +
Pece 4.
PAGE 5
PAGE 1O
PAGE 1?
Ft GURE
F I GURE
FtouRe
F I GURE
TABLE
No. 1
NoS. 2 AND
No. 4
Nos. 5 nxo
No. 1
S"Sulrmsrilee
Soil it Fcr:i:llilicii
Irri;ii:':ei;; g
CONCLUSIONS
lN ouR oP tN loN
BY SPREAO FOOT
ALLOI'/ABLE EfAN
SHOULO SEAR ON
DENSE SILTY TO
4Ol0 IIARBOR PLACE. COLOBADO SPFINGS. COLORAOO BO9l r
303/ 596.7647
1)
2) Tue vep ERr.iosr LAyERs or soFT Tc ii iDtur,r srt FF, sANDy ro vERy
SANOY CLAY OR LOOSE CLAYEY SAND ARE NOT CONSIDEREO TO BE
VERY COI,IP,ETENT I"IATENIAt.S FOR SUPPORT OF FOUNDATIONS. IF
FoUNDATIoT'lS r'luST 99451 r)N THESE t/ATERIALST ,THE DEsl cN cBl TERTAsHouLD ae coilEllSTENr !'/t rH TIJE cotlr.rENTS coNTA I r.rED I N TH I s REpoRT.
)| lru soue ARe AS, I T r,,tAy BE DESTRASLE To uNoeRcur rHE RELATtvELySOFIt CLAY STRATA FROrvl BCNEATH FOUNoATtON LEVELS AND SUPPORT
THE FouNoA T I oNS By corrpAcrtD srRUcruRAL F I LL. Four,.roR T I oNS
SUPPORTED BY COI,IPACT€D STI?UCTURAL FILL SHOULD BE PROPORTIONEDFoR A t!,tAXlr,1ur,4 ALLowAtsLr BEARTNG pRESSURE or ZJ00 pSF.
t+) ALL rour.roATl oN lvlLLs slrouLD sE IJELL RE I NFoRcEo, Top ANo
EOTTOr,,t.
5) TgE ttstunaL sotus nr,ro,/on THE NE!v FILL !1/tLt- BE sATtSFAcroRyTO SUPPORT THE GROUND FLOOR SLABS, IF DESIRABLE.
, THE pROpOSeO STRUCTURES SHOULD BE SUppORTEOln'G FOUNoATIONS PROPORTION€o FOR A tltAX l[tUMrNG pRESSURe or 2500 FSF. i\uL rouruoATtoNs
THE STRA TA COi\IS I ST ING OF E I THER M€DI UlI
CLAYEY SANDS OR I.,IED I UJII OENSE SAND AND GRAVEL.
5I FtLr- useo FoR supPoRr oF
SHOULD BE APPROVED BY THE
PAcrEo To A r r-EAsr 95,i oF
AND l'rtrHtN 2j[ or opTlf.,tuNl
FouNoAT tor.ls ar.ro/oR FLooR sLABs
SO I L ENG I NEER AND SHOULD BE CO[.1-
MAXI NiUI',,I STANDARD PRocToR OENsI TYr.lolsruRF: coNrENTr pER ASTl.l 0-598.
7't ,$osr oF rHE soFT,ovERBURDEN cLAys pREseNT AT THts strE
MAY PROVE TO 3E DtFFtCULT IIATERTALS TO USE FOR COMPACTEO
STRUCTURAL FII.I.. IT IS SUGGESTCO THAT THESC SOILS BE USEDFOR FILL IN LANDSCAPUO AREAS OR IN THE AVALANCHE CONTROLg',3ANKI,IgN TS.
B') lT ts Rfcor.rueftgEll rHAT A suBSURFAcE DRATNAG€ sysrEu BEPLAcgo ARoUND ALL BAsEr.rsur aruo,/on cARDEN L€vEL AREAS, AsOIgCUSSEO IN THE TEXT OF THtS REPORT.
PRoJEcr lio. '16l
Peee 2
9) PRESENT GRoUND TTATER cot,ro I TIoNS AnE sATtsFAcroRY FoR eAsEf.'rENT
coNsTRUcTl of,t, tF DESInED. lT sHOuLo 8E CAUTIONe D THAT Tl-iE
GROUND \'!TATER LEVEL COULo vARY CONSIOERABLY I N THI S AREA DURING
DIFFERENT SEASONS OF TII I: YEAN.
10) Type 1 cerleNT r,lAy BE usED tN ALt- coNcRerE.
qr.nor
THls neponT pRESeNTS rHe RCSULTS oF A solL AND FoUNDATIoN
I NVESTTGATIOI'] AT THE SI TE OF TFt i PNOPOSEO TIITTEER FALLS CONOO-
MTNIUM PRoJEcT To BE LOcATIO ON LOTS 1 THROUGH ? Iru TUE BIGHORN
AREn, VAtL., fAGLE CouNrv, Cct-rlnAoo.
THE PURPOSe oF TIII S INvESTI GATION IVAS TO DETERMTI.IE GCNgRAL
SUBSURFACE CONOI TIONS ANO TO FORi,!Ut."A TE FOLJNDATTON DESI GN CRITERIA
APPLICABLE TO THE PROPOSE:D STRUCTI.,JRES.
PRoPosEo CoNSTnucrtoN
IT .I S UNDERSTOOD THAT SEVEFIAL CONDO[4 I NI U N,I UNITS !"' I LL 8E
coNSTRr..,crED tN rHE AREA covEREo sy rHt s t NvEsrt GATI oN. THE
pRoposEo srftucruRes rvtLL BE THREE (l) ro roun (4) sroRtES HIGH
!vtTH posstBLy sornE BASET,TENT ano/on GARDEN LEVEL AEEAs. Txe
GROUNO FLOORS T7I LL B€ STRUCTURAL FLOOR SYSTEMS !VI TH CRAI'JL SPACES
BENEATH THE\1 . CONSTRUcTION YJILL BE PRIf,IARILY tvooo FRAI"IE tvtTH
REI NFORCEO CONCRETE FOUl.,lOA T lOr'J 'ri,ALLS.
THE LoADS To BE cARRIED sy rHe Four'roATloN sysrEr,,ts ARE NoT
AVAILABLE TO US AT THIS TII.1E. IT IS STRONGLY RECOI,,II,|ENDED THAT
lVE BE FURNISHED [/'l TH SPECI F I C STRUCTURAL LOAoI NG OETAILST I NCLUOI I'l c
TOTAL LOADS ANO BREAKCOiJNS i'OR LIVE ANO OEAO LOAOS, IN OROER
PRorEcr No. 'J6l
PAGE J
THAT I,,g [4 IGHT RE-EvALuATe ANo PoSSISLY AI"IEND THE CoNcLUsIoNS,
PARTTCULARLY THE I\IAX tI-IUIN ALLOiVABLC BEARII.IG PRgSSURES CONTATNEO IN
THIS REPONT. STRUCTUNA[- LOAOII.]G II.JFONi,,IATION Y/AS REQUESTEO ON
0ctooen 26, 1973t AND, As oF THI DATE oF Tnts REpoRT, HAS Nor
BgEN SUBI"1
'
TTED TO TH I S OFF I CE .
FTELD luvesrrGArloN
Et cHTEEN ( 1B) TEST uoR r NGs rre RE oRtLLED AT LocATloNs lN-
otcATeo oN THE TEST BoRtNG LocATtor{ pLAN, FtGuRE No. 1. THe
EORINGS $/ERE LOCATED IN THE FIELO BY TAPA MEASURE METHOOS AND
THEIR LOCATIONS SHOULD BE CONSTDERCO APPROXII,,IATE ONLY.
THE TEsr BoRINGS r'/EnE oRtLLe o !.fl TH A /ltt o.D. coNTlNUous
FLI GHT AUGER POI.JERED BY TRUCK [4OUII Tf O EQUIPMEI.IT. AT RECULAR
INTERVALS OR AT CHANGES OF IIATERIALS, THE AUGER VTAS REMOVED
FROM THE BORI NG HOLE AI,ID SAi!1PL€S !'/(RE TAKEN OF THE SUBSURFACE
STRATA By BLori/s FRor.,t A 140-lB. HAr.rvtER FALLTNG A DlsrANcE oF
30 lNcHES. TH€ NUr"tBe R oF HAMivER sLouJS REeutRED To DRr vE THE sAMpLER
oNE Foo rr oR A. FttAcrlcN Trl EREoF, ts reRMco rt-tE pENETRATIoN T€ST.
THe pEruerRATroN TEST RESULTs ARE t Nor cATr ve oF THE RELATTvE
oENsl rY oR coNSlsrENcY oF THE solL sTRATA BtlNc pENETRATEo.
AUGER SA[IPLES !'/ERE ALSO OBTAINED DURI NG THE TEST DRI LLING
OPERATIONS.
THe Loes oF THE TEST BoRrNGs, tNcLUorNG pENETRATToN TEST
RESULTS, ARE PRESENTED oN FIGURE Nos. 2 aruo ].
PRoJecr No.353
PAGE 4
LABoRAToRy I NVESTT cATt ojI
Atu snrr,'rptES REcovEREo By rHE FleLo rNV€srrcATroN wERE
RETURNEO TO OUR COLORAOO SPRI I'IGS SOI L LAEORATORIES. THg SAI,/PLES
Y/ERE THEN CAREFULLY CLASSI F I ED ANO A LABORATORY TESTING PROGRAM
I'/AS INITTATED BY THE PROJECT ENGINEEN
. LABORATORY CLASStFtCATtON TESTS CONSISTED OF VISUAL
CLASStFICATtON. THE pHvStCAL CT,iARACTIRtSTtCS uJERE EvALUATED
BY PERFoRr,4l ltc urucotlFl NED cor"lpRESStoNr swElg-goNSoLtoATtoN
AND NATURAL N4OISTURC-OENSITY TESTS.
ALt laBoRAToRy rEsTS !i/ERE pr.RFoRi.4ED I N AccoRDANcE rvtrH STANoARD
OR SUGGESTEo ASTI:1 PRocEoURES.
LABORATORY TEST RESULTS ARE PRESENTED ON FTGURE NOS.5ITVO 5
AND ARE SUMMARI zED oN TABLE T.Io. 1.
SUBSURFAct Cor,to I TtoNS
SUBSURFACE CONDI TIONS AT TIIt S SITE ARE EXTREMELY ERRATIC.
GENEnALLY, THtS AREA t S coVEBED BY vARIoUs ALLUVIAL MATERIALs
coNslsrlNG pRlt"4ARlLY oF sILTY To cLAyEy sANDS AND sANDy DLAys.
THESE RELATtv€Ly Fl Ne cRA l NEo sor LS EXTEND€o .To DEprHs wHtcH
VARI ED FROIN APPROXTINATELY rOUN (4) TO SIX (6) rEET BELOT'/ PRESENT
SITE GRAOES. IN SOI.,IE AREAS (SCC TESr SORING NOS. ]. INrO 5 THROUGH
o'u)s THE soFT, ALLUv I AL DEpcst rs EXTENDED To DEp rHs lvH r cH vAR t ED
rnon ren ('l 0) ro cREATER THAN Et cHrEefr (lB) rEer.
lN M0sr cASES, THE soFT cLAys ANo Loose sANos WERE uNoERLAiN
BY ERRATI C STRATA CONSI STING OF GLACTAL OEPOSI TED OR GLACIAL
OUTWASH SAND OR SAND AND GFAVEL. THESE COARSER GRAINED SOILS,
o
o
o
PRo.r Ecr No. ' j53
PAGE 5
coNTAtNeD A sl6NtFtcANT ArvroUr''T oF cosBLEs AND BouLoERs.
TEST BORING NO. 11 PENETRATED APPROXTMATELY TNNEC (3) TO
roun (4) FEe'r oF F t LL MA TER t ALS r,,,H t cH rvERE ut,DERLA r N By rHE
MEDI UM OENSS, cRANULAR DEPOSITS.
DUE TO THE PRESSNCE OF COBsLgS ANO tsOULOERS IVITHIN ALL
STRATA ENcour.lrERED, BUT pART I cuLARL y I r.t rHE r.,rED I u r\,t DEN sE GRANULAR
t'tATERtALS, I'tOST OF THE gOrttNGS r,tEFie TERMTNATEO AT RELATTVELy
SHALLOTv DEpTHS. AT SoI.,! E BoRI NG I.-ocATIoT.IS, SEVERAL ATTEI\,4PTS
WERE I'IAOE TO PENETRATE TO GR[AT5R DEPTHS ANO THIS TECHNIQUE I,,1E T
T\'ITH VARIABLE SUCCESS (SEE TSST EORII,]G LOGS, FI.GURE NOS.2
rnnouer 4).
onlv one (l ) TEST BoRrNG, No. 9, ENcouN'r.ERED GRouND v,,ATER.
AT THE TIME OF DRILLING, THE GROUND T'JATER TABLE IVAS PRESENT
APPROXIi',IATELY 15.3 FT,ET BELO!V Si TE GRADES AT THE LOCATION OF
TEST tsoRING No. 9.
Dt gcussl oN
THE UPP ERMO ST LAYEF:S OF NA TURAL SOILS ENCOUNTERED BY THE
TEST BORTNGS PERFORI,ICO AT THtS SI TE CONSTSTEO PRIMARTLY OF SILTY
TO VERY SANDY CLAYS AND CLAYEY SANOS. 'iHESE I,,IATERIALS, AS SAI.,lPLED
lN THE FIELo eY THE TEST BoRTNG pRocnAi"r, EXHtBt rED Lo!v pENETRATToN
TEST RESUUTS (SEE TEST BORING LOGS, FIGURE NOS.2 TXNOUEX 4).
LABORATORY TESTS PCRFORI"lEO ON THESE I..lATERIALS TNOICATEO LOIV ORY
DENstrlEs, HlcH NATURAL MorsruRE coNTENTs AND Low uNcoNFtNED
Piro.rEcr No.36l
PneE 6
cor,/rpREsstvE sTneNcrus (sEe.TAr.rLE f,lo. l), LneonnroRy su/gLL-coNSoLt-
OATION TESTS REVEALED THAT THESE ALLUVIAI- \,JATERIALS HAVE RELATIVELY
H I cH coMpRESs loN cHARAcTER I sr tcs ( see Sr,le t-t--CoNSoL t oATt oN TEST
Resulrsr Fr cuRe Nos. 5 nruo 5).
EasEo oN THE RdsuLTs oF THE FTELD tNVEsrtcartoru AND LABoRAToRy
TESTING PROGRAi,I , IT IS OUR OPINION THAT T11 E UPPERMOST LAYERS
OF SOFT TO N4CDIUM 511P9, SILTY TC VERY SANDY CLAYS ANO LOOSE
CLAYEY SANOS ARE NOT DESIRABt.E FOR SUPPORT OF. THE BUILDING LOADS.
THE coMpost rtoN AND coNSt s'f :Ncy oF rHc ALr-uvtAL cLAys ANo sANos
1S VERY ERRATTC AND FOUNOATIONS BEARING ON THESE MATERIALS COULD
EXPERIENCE EXCESStvE Dl FFERENTIAL SETTLET,{e NTS, REcAROLESS
OF THE t!'lAX l MUtl ALLOIlABLE PRESSURE USED FOR FOUNDATION DESlcN.
A MoRE sATtsFAcroRy ANo DESTRABLE soLUTtoN FoR suppoRT oF
THE STRUCTURAL 8UI LOING LOADS I'JOULD BE TO EXTENO THE FOUNDATIONS
OO!VN THROUGH THE RELATIVELY SOf:T ANO COMPRESSI BLE ALLUVIAL SOILS TO
BEAR oN THE r',tEDl uf,,l DENSE sAND oR sAND AND GRAVEL STRATA. THts
MEDtuM DENSE GRANULn R sTRATA ts pRESENT ( t r.r r,,rosT AREAS oF THE
st re ) AppRoxtMATELv roun (4) ro srx (6) ree r BeLorr/ pR€sENT strE
GRADES"
TNe tIeoI UI.,I DENSE SAND ANO GRAvEL STRATA, DUE To THE BAsIc
NATURE OF THtS TypE OF cLACtAL OR GLACIOFLUVIAL DEpOSIT, MAy
CONTAIN RELATIVELY SOFT OR LOOSE POCKETS. IF SUCH SOFT OR LOOSE
PocKETS ARE ENcoUNTEREo BY FouNoATloN EXcAvATloNr THEY sHouLo BE
RErvlovEo FR0r'1 BENEATH FouNoATtoN AREAs ANo rHg FoorlNcs sHouLo
FRo.Jccr l{o.'361
Prce 7
STEP OOI'N TO BEAR ON t.1OI]E COI.lPCTENT I'{ATERIALS.
FOUNOATIONS 8EAT?I}JG ON TIIE I'IED IUI"I DEI!SE SANO OR SANO ANO
GRAVEL STRATA SHOULO 3E PROPOfiTIONED FOR A I/ilAXt I'IUIVt ALLOWAELE
BsARtNG'PRESSURe or 2500 PSF.
AuU COITTTIIUOUS FOUNDATIOI.l VJAt.LS SHCULD BE \.iELL RCINFORCED.
THE REINFORCII']G SI-IOUI.D BE SUFFTCICNT TO ALT-Oi,' AT.L VIALLS TO HAVE
THE CApABlt-tTY OF SPArtNtr.rc A Ct.eAR DISTANCE OF AT LEAST EIGHT (B)
FEET.
THe ouo FILL NTATEFIIALs eficouN'l'EREo tN THE AnEA oF'fEST
ECRING I'.iO. 11 NNE RELATIVELY LOOSE ANO UNCOI/PACTEO' THESE IV1ATERIALS
ARE NOT CONSTOEREO TO BE SATTSFACTORY FOR SUPPORT OF THE SPREAO
FOOTING FOUNDATTONS. THeRErOne r THE FOUNDATIOT'lS lN THIS AREA
SHOuLD STEP DOrlN THROTJGH THt OLD FILL t\'IATERIALS TO BeAR ON
THE NATURAL, UNOI STUREED, NIEDI U r"'l DENSE SANO AND GRAVEL STRATA.
THE EXACT LATER/\L AND veRTtcAt- EXTeNT OF THE OLD FILL ENCOUNTEREO
couLo Nor BE DErERlrlt NeO FRoi,1 THE RESULTS OF rne onE (1 ) TEST
BORING TAKCN IN THtS AREA. IT i.,{ORE OETAILEO INFORIV'IATION IS
DESlRABLE COi'ICERNI NG THE CONSISTENCY ANO EXTENT OF THE OLD FILL
MATERTALS, THEN ADOTTIONAL TEST BORINGS AND/OR TEST PITS tYILL
BE REQU I REO.
lN THE AREA oF Tesr SoRlNG Nos. 1 nr.ro 5 THRouGH 6-Ct
RELATT VELY DeEP LAYe RS OF THE SOFT r COrv'IPRESSI BLe CLAYS ANO SANOS
WERE ENcoUNTERgo. Ar Tesr SOnIrrrc i'.IO. 1, THE COI,TPRESSIBLE MATERIALS
EXTENDCD TO A DEFTH OF APPROXIi\lATELY TETV (10) FEET EELOIV PRESENT
o
Pno.rtcr I\o. 363Pace I
SI TE GRADES. II'I THE AREA OF TEST BORt NG NO. 5, THE SOFT I,lATER t ALS
t,/ERE ENCOUNTEREO TO A OEPTH OF EI Gt.ITEEru (18) FEET, WHI CH NAS THC
MAXIi\rur.,t DEprH EXpLoRED. THEnEronE, tr',1 rHls AREA, THE soFT
MATERIALS couLD exrENo ro EVEr'* GREATeR DEpTHS THAN THAT INDIcATED
BY THE TEST SoRt r'lc Locs, F I cuRE i{o. 3.
THE soFT I.IATERt ALS TNcoUNTERED 6Y TEsT BoR tNG Nos. 6
THROucH 6-C ans PRlf.iARtLy At-t-uvti\L r.tATEptALS r'lHlcH rvERE oEposlrEo
AS A RESULT OF SLOPE OUT\'JASI.J VIH I CH HAS FORIIEO ALLUV I AL FAN
lN THls AREA. THE r-ATERAL Ixr:NT oF THEsE RELAT I vELy soFT
MATERIALS CAN NOl' BE ACCUnATELY ESTtrtlArEo FROi.,rl THE RESULTS OF
THIS INVESTIGATION" IT IS SUGGESTED 'tHAT AOOITIONAL TEST BORINGS
BE coNDUcrED I N TH ls AREA To fvtoRE AccURATELy DELt NEATE THE EXTENT
OF THE SOFT.ALLUVI UNt. IT IS RECOI.II.,IENDEO THAT THE PROPOSED BUTLD-
INGS.BE RELOCATED AYJAY FROI,I-THE ALLUV IAL DEPOST TS SINCE THESE
MP.TERIALS ARE NOT CONSIDERED TO 3E DESIRABLE FOR SUPPORT OF
CONVENTIONAL SPREAD F'OOTI NG FOUNDATIONS.
IN AREAS SUCH AS THAT REPRESEI] TED BY TEST BORING NO. 1, WHERE
RELATIvELY DEEP DEPoSI TS oF THE cohlPREsstBLE ct-Ays ARE pRESEr.lT,
THE FOUNDAT I ONS T'/ I LL HAVE TO STEP DOI'/N TO AEAR ON THE MED I UI/ DENSE
SAND AND GRAVEL STRATA OI? THE SOFT Ct.AYS SHOULD BE UNDERCUT FROi/
BENEATH FOUNDATI OI'J AREAS ANO REPLACED !VI TH COIJPACTED STRUCTURAL
F I LL MATERI ALS. THE COI,,!PACTED STRUCTURAL F I LL SHOULD CONSI ST OF
MATERIALS OTHER THAN THE RELATIVELY SOFT CLAYS SINCE THEIR HtGH
Mol sruR: coNTENT ritLt. pRoaAtsLy pREVENT EcoNor\rlcAL corrpAcrtoN.
Pno,r €cr No , 363
PAGE 9
ALL F I LI. I'1ATITTI ALS UsED FoR coi.IPAcTED STRUcTURAL BAcKF I LL sHoULo
BE APPROVED BY THE SO I L ENG I i'] CCR. THC F t LL SHOULD SE CON1PACTEO
To AT LEAST 95i'J or r,tAxtr,rur,l STAT..loARD FRocToR DENSlry ANo wtTHlN
Z';6 OF OP T lrlUill I'l() | STUPS COnl TEri T.
CoMpAcrtD srRUcrunAr- F I r-L pLAcF:D BINEATH spREAo FoortNG
FOUNOATIONS SHOULD EXTENO CUTIVARD FNOI.I ALL EDGES OF THE FOUNDAT IONS
A ol STANCT [.QUAL TO AT LF]i\ST T|ilC: TH: Tl"l lCl(NESS OF THE F I LL
BENEATH THT EOUNOATION ANEAS. TI.lAT IS, IF THE FOUNDATIONS ARE
TO BE SUPPORTEO BY THFIEE (3) FgET OF COI,lPACTED FILL, THEN THE
rtLL SHOULD EXTEND AT LEAST StX (6) FEET BEYONO ALL EXTERIOR
EDGES OF THE FOUNOATIONIS. TITIS RECOI"Ii,'lENDATION INCLUOES ALL WALL
FOOTINGS ANO ISOLATED COLUI,II.I PAD FOUNDATIONS.
FOUNoATIONS BEARING oN PRoPERT.Y coI,.IPAcTEo STRUcTURAL FILL
MATERIALS SHOULD ALSO BE PROPORTIONED FON A ^1AX I MUI/,I ALLOY/ABLg
BEARING PRESSURE OF 25AO i:SF, WHICH tS THE SAME MAXII,4UI,,I BEARING
PRESSURg IVI-I ICH SHOULO BE USED OI.] THE NATURAL, UNDTSTURBEO MEDt UM
OENSE SANO OR SANO ANO GRAVEL STRATAA
tr lr ls ABSoLUTELy NEcE ssARy rHAT THE p Ropo sEo Br, lLDtt'Jc
TOUNOATIONS BE SUPPORTEO BY TH: RELATIVCLY COIVlPRCSSI SLE CI,.AY
ANO SAf.lD STRATA, THEN tT lS SUGcESTED THAT THe FOOTINGS STEp
oorvN so THAT THe RE t] tLL BE NO f.4ORE THAN THREE (l) FEET OF THE
RELATI VELY SOFT h,IATCRIALS FRESEIJT BENEATH BO'TTOM OF FOUNOATION
ELEVATIONS. ADDITIONAL TESTI I'JG SHOUI.O BE CONDUCTED AT SPECIFIC
BUILOING LOCATIONS TO DETERI,lINE THE THICI<NESS AND cOt!4PREssIBILtTY
CHARACTERISTICS OF THE RELATIVELY SOFT ANO LOOSE ALLUVIAL
PRoJEcr No. 363PAGE 1O
MATERIALS. FOUT'TONTIONS BEARII.JC ON TTIE COI.lPRE=''Ur.U SOILS SHOULD
BE PROPoRTtoNED FoR RELATIvEI.-Y Lotv SoIL BEARING PFESSUREs. FoR
coNTlNUous tvALL TYPE FouhloATloNSr THE FouNDATloNs sHouLo BE
PROPORTIONEO FON A I,.,IAXII/UI,{ ALLOI:/A3LE BEARING PRESSURE OF lOOO
PSF. ISoLATED seuARe coLUt.lN pAD Four.lDATtoNS sHouLD BE pRopoRTtoNED
FOR A MAXIIvIUI',! ALLOr,t/ABLE BEARING pReSSURE oF 750 PSF. II.I ALL cASESJ
FOUNOATIONS SHOULD Bg PROPORTIONED FOR THE TOTAI. LOAD r'/H tCH r'/
'
LL
BE CARR I ED BY, THE STRUCTURE, I T.JCLUO I NG ALL L I VE LOAO FACTORS
sucH AS FLOOR, SNOII'I !,,t I NrD' i:TC
OESIGN AND COr.JsTRUcTtoI.r D.TAI LS
1) THE RELATTvELy sDFT AND *Drsr ALLUvt AL sorLs pnEsENT AT
THls st rE sHouLo BE usEo FoR FtLL rvrATERtALs tN LANoscApe D
AREAS OR I N THE BER]'.IS REQU I RED FOR THE AVALANCHE CONTROL
CHANNEL.
z) ExrRerrrE cABE sHouLD BE TAr(EN DURTNG Four.JDATroN EXcAvATToN_
TO AVOI D OI STURSANCE. TO THE EEARI NG MATERI ALS. DUE TO TIJE
PRESENCE OF !.,tANY COEBLES ANO tsCULOERS Yi I TH IN THE SANO ANO
GRAVEL STRATA' EXCESSIVE DTSTURBANCE TO THE BEARING MATERIALS
BY EXCAVATION EQUIPi:TENT tS A DEFINITE POSSIBILITY. ALL
DlsruRBED rlATEnlAL sHouLD BE REr!,rovED FRof,t Borrot oF FouNoATtoN
ELEVATIoNsT BY HAND TooLs tF NEcESsARY, To ALLOw FoorlNcs
TO BEAR ON UNDISTURSEO, NATURAL SOTLS
3) AtL eA,cxrtLL pLAcED Ao.rAcENT To ExrERroR FouNDATToN wALLs
SHOULD BE I.1O I S'TENED AND !VELL COiIPACTED.
PRoJEcr No.'363
PAGc 'l I
l+) THe cRouNo suRFAcE sr-rour.D BE GIvEN A Gooo sLopE ArvAy FnoM
THE BUI LOI NGS ON ALL SI OES TO CONTNOL SURFACE }''ATER RUN-OFF.
SURFACE TjATER FI.OI.i I NG TO|/AnDs THe STRUcTUnES FRoM UPSLoPE
AREAS SHOULO B€ DIVERTEO AROUIJO ANO A\.'/AY FROM THE BUILOINGS
sY MEANS oF DRAIT,IAGE SIJALES OR oTHeR Sll/ILAR I,4EASURES.
5) ALL EXTERtoR FouNoATtor.ts sHouLD BE pLAcED BELorv FRosr oEprH.
6) lF FouNDATToNS ARE srEppED ooivN THRoucH THE soFT cLAys,
CONS'OERATION SHOULO BE GIVEi! TO CONSTRUCTION OF A BASEMENT
LEVEL.
7) THE INSULATtof'r oF THE lNTrJRtcFt FAcE oF THE FoUNDATtoN r'/ALLS
I'|l I THI N ANO BELO[./ THE CRA!.'L SPACE AREAS I S SUGGESTEO TO PREVENT
EXCESSI VE HEAT LOSS.
CoNsrRUcr loN I NSPEcrtof't
PRoJEcr No. f6jPAGE 12
TxE eHlLvsls ANo REcoMMENoATtoNs susMtrrEo tn t"ts REpoRT
ARE BASED UPON THE OATA OBTAINEO FROU THE EIGHTEEN SOIL BORTNGS
pERFoRMgo AT THE LocATtoNS tNDtcArED oN THE LocATtoN DtAGRAU. THt
REPORT DOES NOT REFLECT ANY VARIATIONS WHICH MAY OCCUR BETIIIEEN
THESE BORINCS. THE NATURE ANO EXTENT OF VARIATIONS 8ETI'EEN THE.
BORINGS MAY NOT BECOME EVtoENT UHTIL coURsE oF coNsTRUcTIoN. FoR
THIS REASoNT lT lS REcoMMENoEo THAT THE SolL ENGINEER lNsPEcr THE
opEN EXcAvAT I oNS. lr vARtATloNs THEN AppeAa Ev t oENT, tT .wtLL BE
NECESSARY FOR A RE-EVALUATION OF THE RECOI,{ME^IOAT tOilS OF THI S
REPORT TO BE MADE AFTER PERFORMING ON-StTE OBSERVATIONS OURlNG
THE CONSTRUCTION PERTOO ANO NOTING THE CHARACTERISTICS OF ANY
VARIATIONS.
Txls Repon'r HAs BEEN pREpAREo lN oRDER To Ato tN THE EVALUA-
TION OF T}II S PROPERTY ANO TO ASSIST THE ARCHITECT OR €XGtNE€R IN
TIIf PESIGN OF THIS PROJECT. IN THE EVENT THAT ANY CHANGES TN
THE OESIGN OR LOCATION OF THE BUTLDINGS AS OUTLTNEO OR PRESENTED
lN THls REPORT ARE PLANNEoT THE coNcLUStoNs ANo REcoMMENoATtoNs
CONTAINEO IN THtS REPORT SHALL NOT BE CONSIOEREO VALIO UNLESS THE
CHANGES ARE REVIEWEO ANO CONCLUS'ONS OF T}tt S REPORT UODIFIED OR
APPROVEO tN IVRTT! NG 8Y THE SOIL ANO FOUNOATION ENGINEER.
THoMAS E. SuuuentEE, p.E.
PRES I oENT
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LEGEN D
nnfl FILL - sAND, str.Ty ro cLAyey, Loose, LtcHT Molsr,
BROIi/N TO REDO t SH 6ROIVN.
CLAy - sl LTy ro sANDy, soFT To MEDt ur,l sTt FF, MEDt uM
MOIST TO VERY '1OIST, OARK BROIVN TO BROTVN I $JITH
OCCASIONAL COBALES AND BOULOERS.
N cLAy - vERy sANDy r soF T To rvlEo t ur,1 sr t FF, To
'AND-cLAyEy,LOOSe TO t,le OlUf.'l DENSET r'.tED I Ur,t rvtolST TO VeRY
t\'lOl STr EnOltJN TO Re DDISH BRO!'JNr \irlTH OCCASIONAL
COBBLES irllO 3OU[-0e RS.
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vERY t'.lotST, BROViNT lirtTH GRAVeL ANO OCCASIONAL
COBBLES AND BOULDEHS.
FIITIp;j SAi'10 & GRAVEL - r,.rEDt uilr DENsf , ruEDt ur,,r Motsr ro r,/ETr BRorvNr
V/I TH COB BLES AND BOULDERS..
lNolcATEs cRouNo TTATER LeveL AT Ttf/E oF oRtLLtNG.
R - lNot cATEs REFUSAT- To FURTHeR pENerRATtoN By AucERS.
NO TES
1) THE TEST BoRtNGs $JEFre DRTLLED u/t rH A coNTtNUous FL t cHT
Poi''/ER AUGER (l1tt DtA.) oN OcroBER 26, 19?3.
2) 9 t r.rol cATES THAT 9 BLor.ljs FRor"1 A 140-ue. HAMr!,tER FALLT NG
30 INcHES vtERE REeLr tREo To oRtvE THE SAMpLER 1Z lNcHES.
,3) THE LoGS sHorr AppRoxlMArE BouNDARtES BEirvEeru THE vARtous
STRATA AT THE OATES AND LOCATIONS INDICATED AND IT IS NOT
WARRANTED THAT THfY ARE REPRESENTATIVE OF SUBSURFACE
CONOI T IONS AT OTHER LOCAT I OI.JS ANO TI MES.
FIGURE NO. 4
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PROJECT N0. 363 DATE 11_13-73
P S/F T:
CORPORAT tONTHOMAS E. SUMMERLEE A FIG.
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ONE OI TTENSTONAL CONSOLIDATION TEST
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THOMAS E. SUMMERLEE A CORPORATION
oIInter'Mountain
O AE sineerinsitd
DRAINAGE STUDY
FOR
FOREST GLEN SUBDIVISION
LOCATED IN
NE1/4t SWL/A. SECTTON 12, T5S, R8OW, 6TH P.M.
EAGLE COUNTY, COLORADO
PREPARED FOR
RON RILEY
PROJECT NO. 91570E
MAY 1992
Box No. 978 . Avon, Colorado 81620 r 94*5072 Denver893-1531
1420 Vance Street r Lakewood, Colorado 80215' Phone: 232-0158
INTRODUCTION
The proposed Forest clen Subdivision is located in an
unplatted area of the NE1/4. SEj-/4 of Section l-2, Township 5 South,
Range 80 West, 6th P.M., Eagle County, Colorado. The site has an
area of approxinately 7.5 acres and is bordered on the west by the
Bighorn Estates Subdivision, on the south by undeveloped 1and, on
the East by unplatted Timber Falls avalanche area, and on the north
by Gore creek and the Bighorn Subdivision, Fourth Addition. The
developed site will consist of 14 single farnily lots.
EXTSTTNG CONDTTIONS
The existing site consists of steep wooded grassy areas with
slopes up to 4O8 on the south portion to flat grassy areas on the
north portion. A separate report is being prepared by Dames &
Moore concerning potential wetland issues.
From the topographical survey prepared by Inter-Mountain
Engineering, Ltd. and the UscS quadrangle sheet 'rEast Vailrr the
only offsite drainage to the site is frorn the south and is used to
calculate the drainage flows.
CRIIERTA
The storm flow glenerated by the 2s-year ' 24-hour storm
frequency was analyzed. Flows Litere computed using tbe metlrods
outlined in the rrurban Hydrology for snall Watershedtr, Technical
Release 55, USDA Soil Conservation Service, June 1986 edition, and
the related computer program. A conservative value for the averagte
rainfalt of 2.o inches for the 2s-year storm frequency was based on
the publication by the soil conservation service entitled 'rPeak
Flows in Colorado.'l
FLOWS
For the purpose of calculating the storrn runoff frorn the sj.te
one basin was defined. The offsite runoff is generated frorn the
wooded nountains to the south of the site with slopes up to 678 and
sheet flows through the proposed site. With the exception of a
snall stream on the northeast corner of the site, which flows into
core Creek, the entire site sheet flows in to core Creek.
AII flows are calculated for the 25-year, 24-hour storm event,
A summary of these flows is detailed below in the following table:
CONDITTON CN
Present
Developed
AREA (ACt
30.5
30. 5
g 25-YR, 24-HR (CrS)
4-7L
'73
Calculations and computer printouts
6
are included i.n the
appendi-x of tbe report.
The developed flow fron the site exceeds the present run-off
rate by 2 cfs. Since the site sheet flows directly into Gore Creek
and the only a minor increase of flows is created, detention
storage is not planned for this project.
PROPOSED CONSTRUCTTON
Storn flows will be allowed to continue to sheet flow across
the site untit they reach the proposed Glen Falls Lane. Flows wiII
be intercepted at the roadside swale and directed to the river.
Homes constructed in the GIen Forest Subdivision should be
protected from the sheet flow by providing positive drainage away
from each strUcture. Surface water runninq toward the structure
frorn upslope areas should be di-verted around the horne with drainage
swales. The final grade should slope away from the home a mininum
of L2 inches in the first 10 feet (10?) in landscaped areas. Paved
areas should slope a minimum of L/Att per foot (28).
To safely transmit the storrn flows the swale along Glen forest
Lane should have a minirnum depth of 1 foot and side slopes not
exceeding 2:1. culvert will be used to transmit flows across the
private drive to serve Lots 10-12 and at the intersection of Glen
Forest Lane and Nugget Lane. An 18 inch culvert will be adeguate
to transmit the 25 year freguency storrn across these roadways.
calculations supporting these recomnendations are contained in the
appendix.
coNctusroNs
The developrnent of the Forest GIen Subdivision will increase
the runoff from the site, however if the grading and drainage
recommendations contained in this report are followed the
development can be safely constructed and will have mininal irnpact
on downstream properties.
O
o
o
oTlInter-lllountain
lAEttgineeringLrd.
P. O. 80X 976
OO77 METCALF ROAO
A VON,COLORADO 81620(J9J) 949-5072
sulrt 10,
I42O VANCE STREEr
LAKEWOOO. COLORADO 8O2I 5(30J) 2J2-0158
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(D)-18 in.-{ tr.Q- 70 cft
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II HEADWATER DEPTH FOR
CORRUGATED STEET PIPE CUI.VERIS
WITH INTET CONTROT
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APPENDI X
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Worksheet 2: Runoff curye numb€r and nrnoff
ProJect
Locatton I{FSU /2-5-7d
Dato 1Z-/7-Qr'
Date
?,?-.i
706 !<
L a- r-
clrcle one: @"veloped
l. Runof€ curve nuaber (CN)
cN (gerghted) - l**H*ss
2. Runoff
Frequency
Ralnfall,
Runoff, Q(Use P
oE eqs.
(21$VI-TR-i5, Second Ed., June 1986)
no, r- izf\
cu€+.tl,f/2'J
sy-Dr'{<
Checked
Sol.l name
and
hydroloSlc
group
(appeodlx A)
Cover descrlptloa
(cover type, trestEent, andhydrologlc condlilon;percenc t upervtous;
snconnected/connecEed lopervLouserea rat,t o )
Product
of
CN x area,
Sf erbaC 4tu.: * q )'1s: e:. n""Jj.
/ou 7 -o-,-, b""s:, - Goo J
ocJs (*;o.^
only one CN source per Totals
ZtaD '--1^ o l. ,1-:---- /o.d useot- lz/ 130,j
yr
P (2A-hour) ln
!nand^CN r.lrh rable 2-1, f1g. 2-1,Z-3 and 2-4. )
Storn Nl Storo 12 Scora f3
2S lr .'ca )/r
., U z.b
o.27 o ,sq
Oo'
\ r/5-s- \
lVorksheet 2: Runoff curve number and mnoff
t- r,^. rPro f€cE ,' D 2- E\ -f ( - /- ': .,.J
Locartor NESU /Z-S-to
Rvw?
Checked
satc /z-/z^n /
Date
Clrcle one: ,..."rr. .@
l. Runoff curye nurqber (CN)
Sotl nane
and
hydrologic
grouP
(appendtx A)
Cover descrlpt lon
(cover Cype, treetEeat, andhydrologlc condirlooi
percenE lEperv{.oqs:
uneonnected/connecced lopervlousarea rarlo)
c.N -!/Arca
K"".""'B"l?
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,12I av<- c *fornn c',ttr,/es a2 0.93 7c/
/t././oo i s 7O .?2LJ /Cto
!! Use only one cN source per llne.locals -30,s ZZ/7
cil (Delrhred) - +#i#:F -
2. Runoff
?) / /
yr
tn
7t,7 useor- |?J l
Frequency
Ralnfall, P (?A-hour)
Runoff, C......,....(Use P and CN !rt!h rable 2-1, flg. 2-1,or eqs. 2-3 and 2-4.)
3d,{
Scoru ll Stom f2 Scon !3
ZS yr /oo
//- , iJ Z' Ie
,s z '("2
O o't (210.VI.TR.55, Second Ed., June 1986)
,-
-''v
l
(
a
Worksheet 3: Time of concentration Cfg) or travel time (ft)
PsoJact ftaesr GcE''tt "rW-./2-^/Z-q/
Lcatlon Ghecked
Datc
Date
IoTES ! Spacc for r' uenjt 83 cno rcgocntr pcr flou typc csn bc ueed for cleh
. rorkthcec.
lncludc a uap, rchcoatlc, or deecrlgt{on of fton segoents.
.Shcet flon (Appllcable co T" only)S.gEent ID
1. Surface descrtptton (tablc 3-l)
2. t{annlng'r roughncsa coeff., o (cabl,e 3-l) ..
3. !1orr iength, L (totr:. L S 300 lE) ..........
to4. ilvo-yr 24-hr ralnfall, P2 .......
5. Laad rlopc, r
q1."1. orr.t- <- ;;nE.-) Devaloped
Clrclc onei T"Ya throuSh .ubar€a
AQ0.007 (nL)-'-'r---ffi
'23
Shrllos conccntrated flou
CoEpute It ......
Ctenncl ftov Scgncnr !D
t2. Cro3s sactlonal floe arca, | ......,,...,... ft2
13. gcttcd pcrl!c!!r, prr..,...,... ft
l{. Byrtrrullc radiue, t'.;1 Coropure r ....... fttr
15. Ghenncl rlopc, e ............. fg/fr
16. ,l{annlng'r roughncsc cocff., o ..............
17. y - 1'.49 "2/3 tl/2
n
18. Florr lcngth. I ...........
19. rr - 33ft-E Conput; T.
20. llatatahed or eubaraa Tc or Tr (add Ta
ftltt
br
ID
fr
tEItt
ftll-
ftlc
fr
1a sleps 6,ll, and 19).."....
-wCorpscc Tt ......
ScgEenB
7. Sqrfaca dercriptton (paved or ungavcd) .....
8. Flov lcngth, L..,........
9. l{atarcourse t1oge, 3 ..... r.... r.
lO. Aycrage veloclty, V (fl8urc 3-l) ...........
rr. r. - 33fon
CoEpute V .......
.[;;l
O
u L/
-7 / ,l ./J ltLtvv +oo
o,5t-t 0. 08
//, o
o,Db l*l o,oz
(2IGVI-TR.55, Second Ed., June 1986)
hr ffi
D.3
+, .10 -rF
(ueo
atl
q,
t-Jo(,!ql.rt6=
I I ll r r I rl
Average velocfty, ftlsec o\lvil
\
Flgurt 3'1.-.{vcragc velocities for €stimatin3 lraycl tima for shallow conccntt-ated florr.
(210-VI.TR-5i, Second Ed., June 1986)
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t{0TE: Runoff value determined by equation Q = (!-q'2 S)2- P+0.8S
REFERENCE: National Engineeling Handbook, Section 4, HY0R0L0GY
RUNOFF FOR INCHES OF RAINFALL
Jl
CU RVE
77
51
N 0.0 '0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9
0 0.00
1 0.0t 0. 02 0. 03 0. 05 0. l0 0.13 0. t6 0.19 0.23
2 0.27 0. 3l 0.35 0.44 0 .49 o .54 0.60 0.6 5 0.70
3 0.?6 c.82 0. 88 I .00 1.13 l.I9 1,26 L.33
4 I .40 1.46 l. 53 1, 60 i.68 I. 75 L.8Z 1.89 1.97 z.04
5 2.LZ 19 2.27 2. t5 2..43 ?.54 ) qo 2.6 6 2.7 4 2.82
6 2.90 2.98 3.06 3. I4 5-15 l. rl 3.7e 3 .47 J.)O 3.64
7 1.73 3. 8l 3. 89 3.98 4.06 4.15 4.24 4.3?4.41 4.50
8 4.58 4.6?4. 76 4.84 4 .93 5.02 5.lt 5.zu 5 .28 5.31
9 5.q6 ).))5. 64 5.7 3 ).dz 5.91 6.00 6.09 6.18 6. 21
10 6 .36 6.45 54 6.63 6.7 2 6.8r 6.90 7.O0 ?.09 7.18
t1 7 .?7 ?. 36 r .45 7.55 7 .64 77 1 91 7 .92 e.0t 8. tc
T2 8.19 8.29 8.38 8. 4?I-57 8. 65 B.?5 8.85 8.94 9. 03
13 9. l3 9 .22 9. 32 9. 4l 9. >U 9.60 9 .69 9. ?9 9.88 9. 9?
14 10.0?10.16 10. z6 10.35 10.4 5 70.54 t0.64 10.73 1c.83 10.92
15 It.02 lt.ll ll.2l 1r. 30 TI 40 I ;.. 4e Il.5e l[.6e 11.78 I 1.8?
16 II.97 12.06 l2.l.o 12.25 LZ.5)L2.45 L2.54 12.64 12.73 12. 83
L7 L2.93 I 3.02 l3.lz 13.21 13.31 13.4L 13.50 13.60 13.69 13.?9
18 l3 .89 I3.98 14. 08 I4.18 t4 .27 14.37 L4.47 14.56 l4 .66 t4.7 6
19 I4 85 14.95 15. 05 15. I4 15.24 It.34 I5.43 r5.53 15.63 t5.72
20 15.82 15.92 16. Ot l6.ll 16.21 16. 30 l6.qu 16.50 16.60 16.69
RUNOFF FOR INCHES OF RAINFALL
N 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9
0 0.00 0.01
1 0.02 c.03 0. 05 0. 07 r, tn 0. t3 0. l6 o .20 a .24 0. 2e
2 o.32 0.37 4l q6 n ql o-57 0.62 0.68 o.7 4 0.8c
3 0 .86 0.9 2 0.98 l. 05 1.1r r,.16 L.25 r.32 1.39 I .46
4 r.53 I.60 1.67 l. 75 1.e2 l. 90 1.97 2.05 ?.12 2.2C
5 2.28 2.76 2.44 2.57 2.6C 2.68 2.76 2.84 2.92 3.0I
6 3 .09 3.1?5. Z>3. 34 1.q 2 3.5t 3.59 3.6I -2.?6 ? q<
7 3..93 4.02 4.lt 4. 19 q - ze 4.37 4.46 4.54 4.63 4.72
8 q .81 4.90 (.99 q, nq 5.L7 5.25 5.34 5 .43 5.r2 5. 6l
I 5 .70 5. 80 5. 89 5.98 6.c7 6. L6 6.23 6.34 c.43 6.r?
10 b.62 6.71 6.80 6.89 6.98 7. 08 7.1?7 .26 ? .75 7 .45
11 7 .54 7.63 7.73 7 .82 r.>t e.0l 8.lo 8.19 e.29 q 2q
T2 8.q8 8.57 8.66 8. ?6 8.e5 8. 95 9.0 4 9. l3 9.23 9.72
13 9.42 9. 5l 9.6I 9.70 9. 8C at',9.99 10.o8 10.18 10.27
T4 [0 1T I0. 46 10. 56 10.65 t0.?5 1c.84 10.9q 11.04 11.13 1r.23
15 1t.32 I t.42 ll.5t lt.6t ll.?l 1I.80 Il.90 11.99 12.09 12. le
16 L2.28 12.38 t2. 47 12. 57 12.67 L?.76 12.86 12..96 13.05 13.15
t7 L3 .25 13.34 13. 44 13.54 13.63 13.73 13.81 l).e2 ltt.O2 14.I2
18 lq.2l I4.31 14. 4l 14. 50 l4 €c 14. ?o 14.7 9 14.89 1q.99 15. 09
u
20
T5 l8 15.2e I5.38 15.41 15.57 t 5.57 I'77 15.86 15,95 16.06
16. l6 16.25 16.35 16.45 16.55 l^ 6. 6+16.?rr 16.84 16.94 17.03
N0TE: Runoff value determined by equation Q = ( P-0'2 s)2
P+ 0.8 S
REFERENCE: National Engineering Handbook, Section 4, HY0ROLOGY
55
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FOREST GLEht SI]BDIVISION
WETLAND DELINEATION AI\D MNIGATION PLAN
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lvlay 28,1992
Prepared by:
Dames & Moore
Suite 1200
lilZs 17th Street
Denver, CO 80202
for:
Tlmber Falls Associates
Attn: R. Riley
2tt Bridge Strcet
VaiI, CO t1657
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TABLE OF CONTENTS
I.oTNTRODUCTTON .......1
2.0 SmEDESCRTPTTON . .. .. . .... I
3.0 WETLANDDELINEATION.. .......2
3.1 Vegetation.... ..,2
3.2 Soils. ....3
3.3Hydrology... ......5
4.OWETLANDESTABLISHMENTMET}IODS .....5
4.L TopographicDesign ...6
4.2 VegetationEstablishment.... ......6
,|5.0 MONITORING .
o6.0REFERENCES.. .......o
APPENDD(A ... ....9
PLATEI... .Mappocket
PLATES 2and3 End ofdocument
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FOREST GLEhI SIJBDWISION
WETLAND DELINEATION AND I\IITIGATION PLAN
1.0 INTRODUCTION
Approximately seven acres of land in east Vail, Colorado, are proposed for a housing
development project. Development activities require an existing stream to be re-routed away
from homesites on the northeast corner of the property, and an existing sewer line to be re-
routed under the stream to accommodale the location of homes and access roads. A plat map
of the site is shown on Plate 1.
Wetlands would be affected by stream re-routing. The type and acreage of wetlands that would
be affected by the project, and plans for offsetting these losses through steam channel
replacement are hereby addressed in the following text.
2.0 SITE DESCRIPTION
IMetlands were delineated from a large-scale (1" = 50') color aerial photograph and data
collected during site visits conducted on March 16 and Apil29,1992.
The latter site visit coincided with the spring snowmelt period when inundation and/or soil
saturation would most likely occur. Wetlands on the development site consist of an unnamed
intermittent stream course @late 2). Other areas dominated by willows (Sali6 spp.) with
scattered alder (Alnus tenuifolia) (Plate 2 and 3) were determined not to be wetlands based on
vegetation, soil, and hydrologic characteristics. The stream system supports scattered willows
(Salix spp.). However, upland grasses comprise most of the ground cover @late 2). Using
National Wetland Inventory nomenclature, this area was classified as an upper perennial (fast
flowing) riverine system with a cobble/gravel unconsolidated bed. The water regime was
delermined to be nontidal, intermittently flooded. The riverine wetland system affected by fte
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proposed project consists of a225-foot X 3-foot stream channel covering approximately 0.015
acres @la!e 1).
Small clumps of willows that are scattered in isolated areas immediately west of the stream were
initiatly included as wetlands because of their proximity to the creek. Wetlands also occur along
Gore Creek on tle north edge of the property. However, Gore Creek wetlands were not
included in the wetland acreage calculations, as this area is outside the construction zone.
3.0 WETLAND DELINEATION
3.1 Vegetation
Vegetation data were obtained from two plots located along a transect in a willow stand slightly
west of the creek and from one plot along the creek. Cover values (percent foliar cover) of each
species were used as the basis for assessing whether or not the vegetation was hydrophytic.
Species cover was visually estimated along each transect and recorded on field forms (Appendix
A). A dominance threshold value was used to designate the most dominant species. The
threshold point is 50 percent of the cover midpoint sums. Then, if 50 percent or more of the
dominant qpecies are considered to be obligate, facultative wet, or facultative according to Reed
(1988), the vegetation was considered to be hydrophytic, or indicative of wetland conditions.
The willow stand contains a high density of shrubs, including willows (Salix spp.) and lesser
amounts of alder (Alnus tenuifolia). Most of the willows are dead, with only the smaller and
assumed younger, branches and individuals remaining alive. Because of the amount of dad
willow, and the prominent understory cover of non-wetland species including, cow parsnip
G&gdeu4q sphondylium) and bluegrass @a qpp.), wetland indications based on vegetation
criteria are considered to be marginal.
A second transect was placed along the creek that consisted of scattered willows and a dominant
herbaceous cover. The vegetation along the creek consists of mixed hydrophytic and upland
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species, Based on the dominance index however, and the 50 percent rule, the vegetation was
not considered to be hydrophytic because of the high cover of upland grass species (Appendix
A). However, willows that occur adjacent to the active stream channel were included as Part
of the wetland acreage.
3.2 Soils
Because the soils in the study area have not been surveyed by the SCS, exact taxonomic
classification is not possible at this time. However, according to the Heil et al. (1977) these
soils belong to the Typic cryoborolls/Typic cryoboralfs subgroup. Elevations range from about
7,000 to 11,500 feet. Slopes range from 15 to 50 percent. The average annual precipitation
ranges from 15 to 25 inches. The mean soil temperature is about 35 to 42 degrees F., and the
frost-free season is approximately 20 to 85 days.
Typic Cryoborolls: These moderately deep and deep, dark-colored, well{rained, clayey soils
usually contain less than 35 percent rock fragments and have slopes of 15 to 50 precent. Depth
!o bedrock is usually over 40 inches but ranges from 20 to over 60 inches. Permeability is slow
or moderately slow, shrink-swell potential is high or moderate, and the frost action potential is
moderate. Tlpically, these soils are neutral or mildly alkaline in the surface layers and mildly
or moderately alkaline in the lower portions.
Typic Cryoboralfs: These moderately deep to deep, light-colored, well-drained soils have loamy
or clayey t€xtures and usually contain from 35 to 85 percent rock fragments. They are
moderately steep to steep soils on mountainsides and crests and have slopes of 15 to 50 prcent.
Depth to bedrock mnges from about 20 to over 60 inches. Permeability is variable and ranges
from slow !o rapid depending on the amount of clay and the percentage and size of rock
fragments. The shrink-swell and frost action potentials are most likely to be moderate.
Typically, these soils are medium acid to neutral in the upper part and slightly acid to
moderately alkaline in the lower part.
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Ttree soil pits were excavated on the site to a depth of 24 inches. Two pits were located in a
potential wetland; a willodalder-dominated area west of the stream (Plate 3). For comparison,
ttre third pit was located in a clearly upland area near the center of the site. In addition, sidecast
material from the numerous ground squirrel burrows distributed throughout the site give a
general indication of subsoil characteristics. Soil field properties were described using the
methods and horizon nomenclature of Soil Survey Statr (1975) and Birkeland (1984). Beeuse
tbe soils are sandy, some wetland soil characteristics (i.e., color) may not apply as a hydric soil
indicator (WTI, Inc., 1991).
Soils at the Forest Glen Subdivision formed from alluvial and colluvial material deposited from
Pennsylvanian-Permain redbeds located immediately upslope of the study area. The redbeds are
dull red sandstone and conglomerate interlayered with dark rcd shale (Chronic, 1980). The three
soil profiles have similar field properties. Sidecast material from ground squirrel burrows were
also consistent with the soil material occurring in excavated pits. Thus, it was determined that
the soils are fairly uniform throughout the site.
The Forest Glen Subdivision soils are skeletal, neady flat to sloping, and have NBwl2Bw
profiles. A horizons are silty loams, thin (approximately I inch), and dark (10YR 3/1, moist
color). Bw and 2Bw horizons are sandy loams (a property inherited from the sandstone-
conglomerate-shale parent material), slightly red in hue (7.5YR 3/2, moist color) owing to their
redbed parent materidl, and approximately 12 inches thick. The Bw and 2Bw horizons are
differentiated based on gravel content. The Bw horizon contained no gravel while the 2Bw
horizon had 75 percent of more gravel by visual estimate. Although the latter horizon had a
large gravel content, the less than 3-mm fraction was similar to material found in the overlying
horizon. Soil structure in all horizons was single grain, fine, and granular. Wet consistence
was not sticky and not plastic except in the 2Bw where the soil matrix was slightly sticky.
4
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The Forst Glen soils do not meet the defrnitions or criteria for hydric soils based on the
following conclusions:
l. The soils are not organic soils (Histosols) - soil color, texture, and lack of granulation
are indicative of the sandstone-conglomerate-shale parent material and suggest a low
organic matter content.
2. Histic epipedons arc not present - the minimum 20 or 30 percent organic matter
content (depending on clay contenD is not present in these soils.
3. Sulfidic odors were not present.
4. Gleying and/or mottling was not observed and the soil matrix chroma is 2.
5. Organic pans were not observed.
6. Subsoils were not streaked with organic matter.
3.3 Hydrology
Ilydrologic characteristics of the area indicate that periodic inundation or soil saturation to the
surface rarely, if ever, occurs. The area adjacent to the unnamed stream shows no evidence of
overbanking, i.e., no visual inundation, soil saturation, watermarks, driftlines, sediment
deposits, orarterial drainage patterns were observed. A seep in the southwestportion ofthe site
conAined flowing water. However, the water infiltrates through the substrate before leaving the
site. Vegetation and soils data do not suggest inundation or saturation during the growing
season.
4.0 WETLAND ESTABLISHMENT METHODS
Establishing conditions that will be conducive to wetland development in the Forest Glen
Subdivision include the following methods:
' 1. Constructing a stream channel that will reach equilibrium with minimal aggradation,
degndation, or sidecutting; and
2. Establishing plant species that are adapted to the site and to the moisture regime that
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is established.
bge'A
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It was estimated from the ae;alp#graphy and site visits that construction of the Forest Glen
Subdivision will disturb 0.015racres of riverine wetlands through the process of relocating the
stream. The stream and wetland mitigation plan seeks to mitigate those impacts through the
development ofa stream sysiem that roughly parallels thepresent channel on its west sidebefore
joining Gore Creek @ate l). This system would re-route existing flow from a previously
excavated streambed that channels runofffrom an avalanche chute straight north to Gore Creek.
The designed channel would be approximately 775 hnal feet in length @ate 1). An
approximately 3-foot wide and l-foot deep channel would result in approximately 0.019 acres
of riverine wetlands (Plate 1). Drop structures will be placed where required to create a
stabilized stream channel. It is estimated that two of the present stream's drop structures will
be used in the replacement channel.
4.1 Topographic Design
Except for excavating a replacement channel, the current land surface will remain as is. The
replacement stream channel will be excavated to the top of in situ alluvium/colluvium (this
surface forms the bed of the present channel). The objective is to attain a channel that in
function and appearance resembles the present channel.
4.2 Vegetation Establishment
Areas adjacent to the constructed stream that are expected to be saturated in the spring and
contain wet soils at depth during the summer will be planted with clumps of shrub species.
'Willows and alder from the banls of the present stream will be transplanted along the
replacement channel. Transplanting will include removing the entire plant using a baclfioe to
rembve the plant, roots, and associated soil and place it in a hollow adjacent to the rqrlacement
channel. Willows will be sprigged from on-site material to supplement tranqplants if required
to attain densities that are similar to existing conditions. A grass-dominated reclamation mix
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I will be used to rcvegetat€ the new streambanks and areas that are disturbed during construction.
I Seeding rates Qbs. PLS/acre) and species recommended for these areas are as follows (note
I tufted hairgrass is included in the mix to esablish in the wetter areas along the new sheam
I channel):
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Soecies Seeding Rate 0b/acre PLS. broadcast)
Pale bluegrass 5
I Orchard grass @otomic) 5
Smooth brome (Lincoln) 5
I Tufted hairgrass 5
I 5.0 Monitorins
I Wetland plant establishment will be monitored and corrective action taken as required to
facilitate development and persistence of the wetland vegetation as specified.
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6.0 REFERENCES
Bi*eland, P.W. 1984. Soils and Geomorphology. Oxford University Press, New York,372
Pp.
Chronic, H. 1980. Roadside Geology of Colorado. Montana Press Publishing Company,
Missoula, Montana, 334 pp.
Ilammer, D.A. 1992. Creating freshwater wetlands.I-ewis Publishen, Boca Raton, Fif.298
pp.
Heil, R.D., D.S. Romine, D.C. Moreland, R.K, Dansdill, R.H. Montgomery, and I.E. Cipra.
1977. Soils of Colorado. Colorado State University Experiment Station, Fort Collins,
Bulletin 5665.
Reed, P.B. Jr. 1988. National list of plant qpecies that occur in wetlands: National Summary
Biol. Rpt. 88Q4). Prepared for National Wetlands Inventory. U.S. Fish & Wildlife
Service.
Soil Survey Staff. 1975. Soil Taxonomy: U.S. Department of Agriculture, Soil Consenration
Senrice, Handbook 436,753 pp.
Wetland Training Institute, Inc. 1991. Field Guide for Wetland Delineation-l987 Corps of
Engineers Manual.
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APPENDX A
Forest Glen Subdivision Vegetation
Field Data Forms
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Ioterldirle'{,eret 0orite Deterrinalion lletlod
eurirai Traasect Srroltnq lrocedqre
$ecetrtion drtal
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1 Coverdases lnddpotts):T<1% (none);1-1-5% f3.O);2415% (3.0);2-$15% (105);3-t&2596 l21.Q;+-n5g'/.
(38.0); s.51-75p4 (63.0); 6-76€{tyc (Blts); 74&iqV" Fs.o).
2 To determtrre fie dornlnants, flrsi rank tre ryedes by fidr mldpolnt* Then ormuldvely sum the mldpolnts of fie
nnked spdes undl 50p/o ol tre tobl lbr all spedes mldpolnb ls tnnredhdy ercaeded. Al spedes contbudng b
'fiatogrilldvetotal(thedondnancetrreholdntrnbar)pusanyaddldonalspedesh*lng2096of the@lrd@lnl'., , . . . . v€lue $ould ba conddered and raikd wlfr an asterlsk ,,.. .: ,-.
,r i,.:^,, 3f m:f-gryqOgPSl,-.Fqt"1F/orFAG,trenyegetdonjsconddet€diob€h:/dtoPhydc" r -, . ..:-.
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{38.0); 5.51-7s7c (63.0); 6-76-95% (8s5); 7-9&1007" (98.0).
2 To determlne the donlnants, ffrst rank the sped* by trdr mldpolnts. Then drmuldvoly srm th€ nddpolrrts of fie
anked qedes undl 507c ot he toal lor all spedos mldpolnB ls lmnsdhfely exceeded. All spedc conrbudng to
fiar qxnuldvo lotal (the domlnance trehold nunber) plus any addldonat spedes hadrlg 20"/c ol the iotal mldpolnt
ralue should be coruldsr€d ard marted whh an astedsk
3 [ SO% of dornLturrtr f) are obl, Facr and /or FAC, $€n v€gedon ls conddqed b be hydrodrydc"
{, 't.1;I f(-
""3:)113,iuff... N ff^,f^ '1r"ll \1,9
AN oRDtNANcE pRovrDrNG FoR THE Es;TABLIsHMENT oF /
.o
SPECIAL DEVELOPMENT DISTRICT NO. 27,
FOREST GLEN (A.K.A. flMBER FALLS); ADOPflNG A
DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO.27
. IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE
AND SETTING FOBTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development
Districts within the Town in order to encourage flexibility in the development of land; and
WHEREAS, application has been made lor Special Development Distric{ approvalfor a
certain parcel of properly within tre Town, generally described as an unplatted parcel located
East of Nugget Lane and south of Gore Creek and legally described in he attached Exhibit A;
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission held a public hearing on the proposed SDD, and has submitted a recommendation
for approval to the Town Council; and
WHEREAS, all notices as required by Section 18.66.080 have been sent to the
appropriate parties; and
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.65 of
the Vail Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1
The Town Council finds that all the procedures for Special Development Districts in
Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied.
Section 2
A Special Development District is established to assure comprehensive development and
use of an area in a manner that would be harmonious with the general character of the Town,
provide adequate open space and promote the objectives of the Zoning Ordinance of the Town.
Section 3
The Town Council finds that the development plan for Special Development District No.
27 meets each of the standards set forth in Section 18.40.080 of tre Municipal Code of the Town
of Vail or demonstsates that either one or more of them is not applicable, or that a practical
solution consistent with the public interest has been achieved. In accordance with Section
18.40.040, fre development plan for Special Development District No. 27 is approved. The
development plan is comprised of those plans submitted by lnter-Mountiain Engineering, Ltd., and
consists of he following documents:
1. Topographicalsurvey; dated416182, sheet 1 of 1, revised 10l4l$ and 1/29/85.
2. Slope Analysis; dated 914191, sheet 1 of 1 .
3. Tree Locations; dated 6110191, sheet 1 of 1, revised 6123191.
The development plan is also comprised of those plans submited by Dennis Anderson
Associates, lnc., and consists of the following:
I . lllustrative Site Plan; dated 9/9/91.
2. Preliminary Site Plan;dated 6/10191, sheet 1 of 1, revised 6/23/91.
The development plan also requires the approval of the Final Plat for the major subdivision, as
approved by the Town's Planning and EnvironmentalCommission'
Section 4
Development standards for Special Development District No. 27 are approved by the Town
Councit as a part of the approved development plan as follows:
A. SETBACKS:
Setbacks shall be 20 feet front, 20 feet rear, 15 feet sides and as further restricted
on the development plans set forth in Section 3 of this Ordinance'
B. HEIGHT:
Building height, for a sloping roof, shall not exceed 33 feet from existing or finished
grade, whichever is more restrictive.
C. DENSITY:
Development in SDD No. 27 shall be limited to 1 single family dwelling lor Lots 10
and 1 1; and to 1 single family dwelling, with an optional caretiaker unit, for Lots 1-9
and 12-14. Gross Residential Floor Area (GRFA) shall be as described in Section
19.04 of the Town of Vail Municipal code. lt should also be noted lhat the
provision for an additional425 sq. ft. of GRFA, which is applicable to certain zone
districts, does not apply to his Special Development District. The GRFA for SDD
No. 27 shall be allocated as follows:
t Lot
1
2
3
4
5
6
7
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10
11
12
13
14
Maximum Allowable GRFA
4,500'
4,500.
4,300.
4,500'
5,000'
4,000
4,900
5,000
4.800
4,500
4,000
4,300'.
4,300.'
4,200.*
On Lots 1-5, the maximum allowable GRFA listed indudes a minimum of
1,000 sq. ft., which shall be utilized as basement spa@, located
substantially below existing grade. The maximum allowable GRFA on
these lots lor the above ground space is the total GRFA listed above minus
1,000 sq. ft. lt is q! a requirement that any dwelling unit have 1,000 sq.
ft. of basement space, but if a lot owner wishes lo utilize all the allowable
GRFA for a given lot, then a minimum of 1,000 sq. ft. shall be required to
be utilized as basement space.
On Lots 12-14, 500 sq. ft. ol the maximum allowable GRFA shall be
utilized only as basement space, as described above.
Allcaretaker units shallbe restric'ted to a maximum GRFA of 900 square
feet.
No caretaker unit shall be sold, transfered, conveyed or subdivided
separately from the main, or primary unit.
No caretaker unit shall be leased or rented for any pedod less than 30
consecutive days.
1.
2.
3.
D. SITE COVERAGE:
The maximum allowable site coverage for each individual lot shall not exceed the
maximum GRFA for each lot.
E. LANDSCAPING:
At least torty percent (40%) ol eadr lot shall be landscaped. The minimum width
of any area qualifying as landscaping shall be fifteen feet, with a minimum area not
less than three hundred square feet.
F. PARKING:
Parking for SDD No. 27 shall be met in accordance with the off-street parking
requirements as specified in Section 18.52 of the Municipal Code ol the Torn of
Vail.
Section 5
Amendments to the approved development plan may be granted pursuant to Section 18.40
of the Municipal code of the Town of Vail.
Section 6
Approvalof Special Development District No. 27 shallbe contingent upon the approvalof
Final Plat, for a malor subdivision, for the property legally described in the attached Exhibit
Section 7
lf any part, section, subsection, sentence, clause or phrase of ttis ordinanca is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, dause or phrase thereof, regardless of the f,act that any
one or more parls, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 8
The Town Council hereby finds, determines and declares that this ordinance is necessary
and proper for the heallh, safety and welfare of the Town of Vail and the inhabitants thereof.
the
A.
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Section 9
The repeal or the repeal and reenactment ol any provision of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation $at occuned prior to the effective date hereot, any prosecution commenced, nor any
other action or proceeding as commenced under of by virtue of the provision repealed or repealed
and reenacted. The repeal ot any provision hereby shail not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 10
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsislent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE lN FULL, this_day of 1991. A public hearing shall be held hereon
on the _ day of 1991, at the regular meeting ol the Town Council of he
Town of Vail, Colorado, in the Municipal Building of the Town.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
READ AND APPROVED ON
this
SECOND READING AND ORDERED PUBLISHECI
day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
5
TEGAL oESCRlFTtofl- Par€r I I
A trfct of lrnd lilng ln tl|,e slz of Sactlon lZ. Tst.'R.80r,, of th. 5th P.n.. Erglr Costty, Color!(b,!Dr! p.rtl culrrly drscr'l bcd at fol lotts:
Seglanlng rt tle grtterly corncr of Lot 5,
SlEhorn Suldlvlslon Fourti lddl tlott;
ttt?nc! S 57'00' m' E.2{8'00 fret dlstrncli
'th"nce 582'00' 00' E, 12.96 fc"t dlstanccto thc llorthcrstcrly conrcr of tic trrct
lrcrcln drscribcd i
th.nce 515'43' 00.g, 705.11 flct dlttlncc
to tlre Southersterly corncl of tie tract
hcni n describedi
tfcnce ll 3t{4'58' u, ClS.lS flet dtstrnc!
to th! Soutltesterly corncr of the tracth.rrin describrdi
th?nce ll 33'36' 00' E, 475.27 flet dlstanc.
to tj|e ltorthiesterly cornrr of tie trac!
henin describ€d;
tlence 564'30'00' E, 68.92 fc.t distrnc!
to a Poi nt;
thrnce s 51"00' 00'8, 155.00 feet distrnce
to ti. plac! of baqinning;
mGETHER ylTN !n easstent rcross I strip of land flfty fQet
ln vldth rlonq rnd Drrrllel to !!c.ast bound.t? lin. of
Lot 4, Blghorn SubdlYislon Fourti Addltlon.
TEGAL DESCRIPTI0ll - Prrccl 2
A plrc?l of trnd 3lturtld 1r thc south on?.h.lf{f Scctlor lZ,Tdnshlp 5 south, Rlngr 80 yeit, of tir Slrtn Prlnclpal Hcrldtrn:
To.n of V.ll. Elglc County. Colorrdoi srld prrcll bclng t!r! prrtlc-||llrlt drscrlb?d ri fol lfr!:
Seglnnlng rt the Souticlltrrl! cornrr of Lot 5. Slghorn Subdlvlslon
Fourth Addltlon; Thencr along thc touth llnr of 3tld subdlvlslon th.follorlng bro cours!s:l. S5f00'00'E. dt3t!nc. of 219.@'a2. S8F00'00'E I distrnc! of 90.00';
lhencc lravlng sald south tln!. 5 3l'35'?5'1t r dlst.nce of 456.19'i
Thrncc 5 39"42'33'll r dlstanc! of 137.91': Ihmcr S52o22'36't ! dlstanc.
of U7.77':, Ihrnce tt33'44'58"1J I dtsttnc. of 502-26' to r polnt 0n the
rast llne of Lot l.8ighorn Eltrter t Thcncr ll33o35'00"E.long rrid
crst llne ! distanc. of 358.13' to ! Dolnt on tir sout"heasterly
Rlght-of-w.y llne of nugget Lanc; Ihcnce along srld Right-of-rry' 8{.99'
rlonq the arc of a 65.00' r.dlus curva to th: left rhos! long chor{
berri tl56'10'32'8, a dlstrnce of 79.06' to a point of tangentcy; Thence
contlnulng .long srld Right-of-tray, Nt8'43'00"8 . distance,of 48.31'
to a poini on tie south iinc of siia Blghorn Subdivislon. Fourti Addition
Thence along rald souur 'llnc, 564030'00"8 r distance of 50.80';
fhence continuinq alonq iaid 3outh lJnr, 55t'00'00'E a distance of
l55.Oo' to the P;int oi Beginning, containing l?5,716 squarc fcct or
7.500 rcres, mre or lcss,
Thc bearingS and distatces used in thJs descrlPtion xcre derivcd fron
ttrc iinal ilat of Sighorn Subdivision, Fourth Additlon. This description
does not represrnt r field survey.
.
LEGAL OESCRIPTI0I{- Prrcrl 3
A parcel of llnd iituated ln tht south one-half of Sectlon l2'
Tornship 5 South, Rrnge 80 lest, of thc Slxth Principal lleridi.na
Toyn of Vail, Ergle Courty, Coloradoi gaid ptrcll bclng more
pdrti cul arly described !! follot{s;
Eeginning at the llorthlrsterly corncr of [ot l, Slghorn
Estates; Th.nce 31.95' r'long thc drc of r 65.00' radlus curvc to
the llft whos? long chord b!rr! [79033'09'E ! distanc€ of 31.53'i
Thence S560?4'OO"E-! distanc? of 183,81'; Ih€nc! 533036'00"H . dlstance
of 465.3I'i fhence l{33o44'58'H a distlnc. of 2?3'80' to a polnt on
thc cast linc of said Lot l, 8ighom Est!t!s; Thcnce tl33o36'00'E
alonq srld elst lfne a dlstsnce of 358.!3' to tha Polnt of Seginntng'
contilning 2.ooo acr.3, rcrc or lcss.
. The berrings .nd distance3 usrd ln tils dclcriptlon i?rr
derlvcd fron thi flnal pl.t of Slghorn Subdtvlslon, fourth Addltlon'
thls descrlptlon dols not rtprr3ent r flcld survey.
EXITIBIT A
SU8JECT I0 r right of y.y for gubllc road grantld ovlr
th. erstlrly 50 feet of Lot 4' Elghorn Subdlvlslon
Fourti Addltlon tnd r rlght of rry for publlc rord ovcr
A tr.ct of land lylng in thc S/2 of Sectlon 12' TolrnshlP
I Soutn. R:nq: 80 l:sCof tn. 5tn P.H.. Eagl? County'
6forrd6. D;! P.ttlcul.rly drscribcd as follora;
8c(lnnlng rt th. Sonttr6trrly corncr of
loi s. rierunn suEolYIslotl FoJRTfi A00ITI0ll'
thcnc; r 64'30'00'| 18.12 fa.t rlo||g tic
Souti.r'lv llnc of Lot a of s.td Subdlvlsloni
ticnc: S'33'35'00' I ll7.l{ fctt t! I polnt on
th. ffc of a 6i lOol rdtS s|rta.t.FldLt\Err|}1ffoa'7t 65.Onttf li.tE- lr--trlY
rnd noitfiarltePTy rlong lic irc of.3rld 65 toot
tic follo|.lng described iortion of the tboYe dcscrlbed land;
r.dlui curva 8,t.99 fdt.to I go l-nL.gl tl{'.gctttiti.n.. i 18'43'00'E a8.3l fa€t Eru Or l.33 totfi.nc! i 18'43'00'Etti potnt of bcalnnlng, cont.lnlng 0.057f
rcrrt !!ra or lrsgr fot tlrd PurPosat. .';
VAIL TOWN COUNCIL
woRK sEssloN
TUESDAY, OCTOBER 15, 1991
2:00 P.M.
EXPANDED AGENDA
2:00 p.m. 1. Site Visit: Forest Glen (A.K.A.) Timber Falls
Mike Mollica (An unplatted 7.5 acre parcel generally located east ol Nugget
Lane and south of Gore Creek) Applicant: Timber Falls
Association
Action Requested of Council: Prepare to approve/deny, on first
reading at the evening meeting, Ordinance No. 36, Series of
1991, an ordinance providing for the establishment of Special
Development District No. 27, Forest Glen (A.K.A. Timber Falls);
adopting a development plan for Special Development District
No. 27 in accordance with Chapter 18.40 of the Vail Municipal
Code and setting forth details in regard thereto.
Backoround Rationale: The PEC, at their September 23, 1991
public hearing, unanimously recommended approval (by a vote of
4-0) of the applicant's SDD request.
2:45 p.m. 2. PEC RePort
2:55 p.m. 3. VailTrail Foot Bridge -
Todd Oppenheimer A petition to repair/replace the bridge on the Vail Trail has been
submitted to the Town Manager. At his time toot tratfic is routed
around the bridge. No money has been included in the 1992
budget to rebuild this bridge.
Backoround Rationale: Several years ago the water trestle
which was used as a foot bridge on the Vail Trail was closed and
posted as unsafe due to its extremely deteriorated condition. A
foot trail around the bridge was constructed. Cost for major
repair to the bridge was estimated to be $35,000 - $45,000 at
that time.
Statf Recommendation: Straff believes that a foot path around
this bridge is an adequate solution which avoids he expenditure
of tens of thousands of dollars which could be better used 0n
other projects.
3:25 p.m. 4. Information UPdate
Greg Hall 'Snow storage facility update
5. Other
6. Executive Session:
Consultation with the Town Attorney relating to litigation and
personnel matters
7. Adjournment
5:15 p.m. JOINT MEETING wlTH AVON TOWN COUNCIL AND EAGLE COUNTY
COMMISSIONERS AT THE TOWN OF AVON
tttll
KENT ROSE ASKS THAT EACH OF YOU WHO HAS NOT YET COMPLETED LARRY'S
AND BUCK'S EVALUATIONS, PLEASE COMPLETE AND GIVE TO KENT ON TUESDAY.
t_,)
t
I
Ff!-t c0Pt
Present
Chuck Crist
Diana Donovan
Connie Knight
Jim Shearer
Absent
Ludwig Kurz
Kathy Langenwalter
Gena Whitten
PLANNING AND ENVIRONMENTAL COMMISSION
September 23,l99l
Staff
Kristan Pritz
Jill Kammerer
Andy Knudtsen
Shelly Mello
Betsy Rosolack
Amber Blecker
The worksession was called to order at 2:10PM by Chairperson Diana Donovan.
1.
Gore Creek.
Foplicant upper Eaele valley water and sanitation District
Planner: Andv Knudtsen
Andy Knudtsen explained the request. Staff supported the proposal with one condition' After
staff-'s presentation, the consultants explained the benefits from the plan.
Diana Donovan asked if the work would be duplicating what had already been done on the
golf course. The consultants answered that it was a continuation of the work. Diana was
ilro .on""*"d over the health of the beaver pond. The consultants replied that the water in
the ox-bow could help the beaver pond. The consultants also stated that they were looking at
moving rocks for drop structures in the winter with SnoCats to minimize the impacts to the
riparian corridor; however, they did not yet have approval from Vail Associates to use their
equipment.
Jim Shearer questioned the verbiage of "new" wetlands. He thought this was more restoration
than creation- The consultants answered that it was restoration and not creation'
After a discussion of interprctive matkers, Diana said she was supportive, but did not want to
make it a requirement as ii apparently did not have funding. She liked the fact that the
mitigation would be located within the same riparian corridor where the impact would occur'
Chuck Crist asked if the flow into the beaver pond was going to be restored. The consultants
said some would be.
After a discussion as to locations, Diana concluded the discussion by stating she preferred the
natural drop structures to head gates for directing water into the ox-bow.
2. A request for a maior suMivision and a Special Develonment District for an unolatted
7.5 acre parcel eenerallv located east of Nuseet Lane and South of Gore Creek Drive.
Applicanu Timberfalls Association
Planner: Mike Mollica
Kristan Pritz explained the proposal. She stated that, since this was a request for
downzoning, staff had reviewed the request and believed the lower density was appropriate
for the site. Staff recommended approval of the rcquest with the conditions as listed in the
memo.
Peter Jamar, represenring the applicants, indicated he agreed with staffs memo, including the
conditions, and reminded the Commissioners that this would not be the last time the pnrposal
would be brought before them, as the f,rnal plat also would need to be voted upon.
Diana Donovan asked for clarification of what was being voted on at this time. Kristan
explained it was the recommendation to Town Council for the Special Development District,
the preliminary plan for the major subdivision, and indicated that the SDD should be made
conditional upon approval of the final plat. Diana questioned approving a concept for an
SDD, rather than a plan. Peter agreed to make the SDD conditional upon final plat approval.
Kristan read the subdivision regulations, which stated that the final plat must substantially
conform to the preliminary plan.
Chuck Crist asked for an explanation of the road for Lots 10 and 11. Peter said it would be a
private drive, with the units on Lots l0 and 11 restricted to single family dwellings only, so
the road could be 15 feet wide.
Chuck also wondered what the process would be for the development. Ron Riley, one of the
developers, said that next summer, after the subdivision agreement and final plat were
completed, the utilities and roads would be insulled. He mentioned that some of the property
closings might be conculrent with the installation of utilities.
Chuck believed that more perrnanent residents could result from this development than from
the previously approved condominiums. Ron Riley upheld that opinion, stating that 3O404o
of those interested in the development were pernanent residents.
Diana wondered how the requirement that at least 1,000 sq. ft. of GRFA be placed in the
basement on certain lots would be enforced. Kristan said it was part of the SDD
documentation. Diana also asked if the bridge could be signed as a nalrow bridge. Kristan
3.
agreed to look into that possibility. Diana questioned if the entire subdivision was a private
road, was entry signage required? Staff indicated that was an option for the developers to
decide. Diana asked if there was enough snow storage on the site. Peter answercd there was
plenty.
Jim Shearer moved to approve the request for a major suMivision, and recommend approval
to the Town Council of the request for a Special Development District for an unplatted 7.5
acre parcel generally located east of Nugget tane and South of Gore CYeek Drive, with a
notation thai Section III(B)(3-5) are recommended in an effort to provide employee housing
as a goal for the Town. The recommendation and approval are based on the SDD criteria and
majoi subdivision benefit o the Town as outlined in staffs memo. Chuck Crist seconded the
motion. The unanimous, 4-0, vote aPprcved the motion'
Applicanu Pinos del Norte Condominium Association
Planner: Andv Knudtsen
Andy Knudtsen presented the request. Staff recommended approval of the requested
amendment, stating that the architect, Kin Segerburg, had successfully incorporated the
Streetscape and Trails Master Plan concepts into the proposal, and then he listed the specifrc
elements of the development Plan.
Saundra Spaeh, representing the applicant, was concerned that the pavement arEa was too
wide. ShJ preferred a minimum of 7 feet for the sidewalk, rather than 8. Andy stated that
the Town Engineer recommended a l-foot increase of each drive lane, and that width be
added to the overall amount of pavement in the area. Diana Donovan preferred a decrease in
the road width to a decrease to the sidewalk area. Kristan Pritz agreed to ask the Town
Engineer about the possibility, but she could not guarantee he would approve. Diana pointed
ooih". belief that if the road was widened, it would only encourage drivers to go faster, and
might even encourage illegal parking. Kristan replied that the curb would help discourage the
potential for illegal Parking.
Diana suggested placing the extra trces, to be removed from the current Pinos site, across the
road from Pinos del Norte. Kristan asked if an acceptable option would be to place those
trees on the soccer field, as she was not sure the Town could water the trees sufficiently
across from Pinos. Diana did not believe it was a good example for the Town to say they
could not water tre€s. Kristan agreed that the trees would look nice across the road, but she
could not commit Public Works to that condition. Diana believed it should be a condition of
approval, and Council would always remove that portion if Public Works could not agree.
Diana was also concemed with the street lighting in the area. She asked that a requirement
be included to locate a light along this sidewalk.
Connie Knight asked if the Town planned to match the pavers which the applicant was
putting in. -t<ristan stated that all pavers, these as well as the ones the Town would use in the
future, would be consistent with the Sueetscape Master Plan.
Diana believed tfiat the sidewalk should be maintained by the applicants. Kristan stated that
the Code required that.
Chuck Crist moved to recommend approval of the request for a major amendment to Special
Development Disrict No. 2, Pinos del Norte, Building C, Northwoods Condominiums/600
vail valley Drive, per staff memo, with the conditions revised as follows:
l. The sidewalk shall be constructed out of concrete unit paven and shall be a minimum
of seven feet wide in all locations, and shall maintain the undulation shown on the
approved plan, and be handicap accessible.
Z. The improvements south of the existing roadway shall include a 4-fogt bike lane, a 2-
foot curb and gutter, a one-foot expansion to the ddve lane, and the sidewalk
described above.
3. Trees shall be planted across the road from the project if the Town agrees to maintain
them. If the Town cannot maintain the Eees in that location, the tees will be planted
in the neighborhood.
4. The applicant shall provide lighting along the sidewalks which will be installed by the
applicant.
Connie Knight seconded the motion. It was unanimously approved, 4-0'
Applicant: The Mainland Co.. Inc.
Planner: Jill Kammerer
Jill Kammerer displayed a rendering of the proposed facade and planter modifications. She
corrected staff's memo to indicate 25 sq. ft. of planter would be removed. However, the
applicants would be adding 25 sq. ft., of planter. Therefore, there was no net loss in planter
area under the exterior alteration proposal. Staff recommended approval of the request'
subject to 4 of the 5 conditions liited in the memo. Staff was no longer recommending the
uppticunt carry out condition 4, as there was not net loss of landscaping.
Jack Snow, rppresenting the applicants, disagreed with planting aspen in the planer in front
of the commercial space as suggested by the staff. Jack stated the Town Landscape Architect
preferred not to have aspen placed in the planters, as the area has historically been planted
wittr flowering annuals. Additionally, Jim Cotter, the adjacent shop owner to the south, had
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Departrnent
Septembcr 23, l99l
A rcqucst for a major subdivision prcliminary plan and a Special Development
Distriit for an unplaned 7.5.acre parcel generally located East of Nugget Lane
and south of Gorc Crcek\\$
Applicant: Timberfalls Association
Planner: Mike Mollica
The establishment of a Special Development District' and
Preliminary plan approval for a major subdivision.
JL':'
i,,\.1\,
-+ rt,r)alPt
I. DESCRIPTION OF T}IE REOUEST
Timberfalls is a 7.5 acre unplatted parcel, generally located east of Nugget l-ane and south of
Gore Creek Drive in the East Vail area. The property is bounded by the Timberfalls
Condominiums to the east, Gore Creek and duplex-zoned lots to the north (Streamside
Circle), duplex-zoned lots to the west (Nugget lane), and a large, unplatted parcel of land
zoned Agricultural and Open Space to the south.
The applicant, Ron Riley, rcpresenting Timberfalls Associates, is rcqucsting approval of the
following:
\L)
^.,t1 |,:t
The propeny is currently zoned l,ow Density Multiple f"rn449@p-d based upon the
Uuit&UtL area of this site, thc property is zoned for a total of S}dweAing units. The
proposed development plan is -omprised of 14 rcsidential lots. Each lot, with the exception
bf l-otr l0 and it, *outd permit one single family dwelling unit, plus one "cat€taker unit,"
for a total of 26 dwelling unlgs-_Qs l0 and I I would bc dcsignatcd as single family lots.
The total GRFA rcquest;d iiOZT& sqgaF feet. The lot sizcs range from approximatelyThe tOtal GRFA rcquested IS OZ,/qU Sq!a{: Ieet. lns lot slzps ranBc rrultt itPPru^urrd
.fa,3@rq. ft., up to approximately Cl,ZQb, !. .fn-e1-sti1q gt is proposcd to be
i;Jr;;ii"'J'* il';Mt;irl""- r;;-5oi'Outl also be ffi at tire entrance to the
suMivision.:5
li.j
l'l'
lo
1,a4ti'1,ilr'iv{t
l---t
'7ie
Access to the site is proposed via Nugget Lane, immediately south of the Gore Crea-Q(ge'
Access o rhe lots would be provided by a pqtY.etq-U-foo4$d9-Iged' approximate\ag P:
in length, cnding in a culdc-sac. lot numbers lGl3 would have a scparatc access Just soum'
off of-the main roadway. Please see the anached site plan fm further information rcgarding
the layout of the lots and the access roadways. All urilities would be located undcrground.
The applicant's proposcd SDD would excecd the undcrlying IDlv{F zone district in the
following areas:
1. MinimumimnQge - Lots 5, l0 and 1l do not mcet the required 30-foot
minimum frontage.
2. Setbqcks - It is proposed that all lots have a l5-foot side yard setback, versus
the LntvIF required 2Gfmt sidc yard sctback.
3. GRf4 - Although the proposcd GRFA for the project as a wholc is
suSiuntiAty less than what the underlying zoning would allow, Lots Nos. l-4
arc proposed to be allocated more GRFA than what the underlying LDMF zone
district would allow, given their individual "buildable a!ea" sizes.
4. Minimum lnt Area - Lot 3 does not meet the LDMF required minimum lot
area 6f 16j1)dt sq.-ft. of "buildable area." Lot 3, as pmposed, would have
8,176 sq. ft. of "buildable area." All rhe other lots would meet thc 10,000 sq.
ft. minimum lot area.
The Timbcrfalls parcel is locatcd in the LDMF zone district. As such, the pcrmitted uses in
the zone district are as follows:
Single-family rcsidential dwellings
Two-family rcsidential dwellings
Multiple-family residential dwellings, including attached or mw dwellings and
condominium dwellings.
1.
2.
3.
u.
The following table outlincs the Timbcrfalls' zoning analysis, i"{:"dlg thc undcrlying
-ning, whici is LDMF and the proposcd Spccial Dcvclopment Districtr The pmject's
dcpaniurcs from thc LDMF zone district sundards arc highlighted in bold typc.
site Area
Area Over 40% Slqe
Ar€a Leated Wi6in
l0$.Year Floodplain
Buildable Area
Minimum I-ot Atea
Minimum Frontage
Setbacks
Front
ReslSides
Building Height
Density
GRFA
Underlying Zoning
Low Densiw Multiole Familv
326JN sq. fr c 7.5 rres
-35363 sC.ft"
-21.14,4 so. ft.
27o2fi q.tt
10.0@ sq. fl of
buildable arca Per lot
30 ft-
2t fL
2T TL
35 fr - ltrat rmf
38 ft - sloping rmf
9 DUs per buildable rre,
or 55 DUs for $e site
81,062.7 sq. ft. or 30%
of the buildable aea
(plus 225 sq. ft. per DQ
ll43a5 sC. ft or 35%
A minimum of 40% of erch
lot shall be landscaPed
Fer TOV parking sundards
Bomsed SDD
326,1W sq.ft.q 7.5 rres
-35363 sq.ft
-21.144 so. ft.
nO2E q.ft
Vrries, frm t'176 sq. ft.
to 29J55 sq. fL
Veric* scc rttechd
itc pbn
Z) ft
Z) fr rcar
15 fL sides
33 fL - sloping roof
l.t DUq 12 with
clreteher units = 26 DUs
62Jl[ sq. JL os 237o"
52,7fl) sq. tL or 239b"'
A minimum of 4O% of erch
lot slull bc landscaped
Fer TOV prrking sandards
Site Coverage
hndscaping
Parking
o[t l-ots l-5 the maximum allowablc GRFA reguires that a minimum of 1'000 squarc fcet be
utilized as basement spaoe below exisdng grade. Th€sc bsseme$t spaces ate allowod-t'o bc
"walkout" Uasemena. On los t2-14, 500 square feet of tl;e m,a;imuprallowable GRFA shall
be utilized urly as bascmant spee, as described above. u' wwvl t\ '
.--:-.\*:\,rrNo*: \*. rgqgallowable. site cioverage for cach individuat lot slrall not cxcced the maximum
\-r___.
GRFA for cach lot'
NI. SPECIAL DEVELOPMENT DISTRICT CRITERIA
The criteria to be used to evaluatc this proposal arc thc 9 Special Development District (SDD)
development srandards set fonh in the special development district chapter of the Zoning
Code. The criteria are as follows:
A. Design compatibility and seruitivity to the immediate environment
neighborhmd and adjacent propertks rrletive to erchitectural desiga,
scale, bulk, building height, bufrer zones, identity, character' visual
integrity and orientation.
The planning staff is supportive of the applicants' proposed 14-lot prcliminary plan
subdivision. We believe the applicant has dcsigned a subdivision which is vcry
responsive to the existing natural conditions on the site, such as the Gorc Cteek 100-
year floodplain and associated s€tbacks, the natural topography of the site, and the
large area of existing, mature spruce trEes. No buildings arc proposed within the 100-
y.i Gor" Creek floodplain or within the 50-fmt setba;k Hne-from the eenter;iGoF
Creek- On the larger lots in the proposed subdivision (I-ots 7-ll), the applicant has
agreed to add a (4o-build linB.along the southern ponion of those lots. The intent of
this line is to further control the locations of development on the lots, given the steeP
hillside to the south. This "nobuild line" is an additional level of control which the
staff strongly supports, and which we believe will be more effective than creating
building envelopes on each of the lots.
The applicant is proposing architectural controls and guide_!!ry:s which are intended to
supplement the existing Town regulations rcgarding architectural design. It is
proposed that these architectural guidelines will be incorporated into +heeovenantsJor
this subdiv_tsio-n. At the direction of the PEC, during the September 13, l99l
worksession, there will not be any additional architectural guidelines incorporated into
the SDD ordinance for this subdivision. It was agreed that the PEC and the staff both
felt comfortable utilizing the existing design rcview guidelines which the Town
currently has in place for single family and primary/secondary type development.
Dwelling units and gamges shall be designed within a single strucfure. The appli-cant
has agreed to abide by the requircments in Section 18.54,050(D of the Municlpal
Code, should a separation of the primary unit and/or car,etaker unit and,/or garage be
requested.
B. Useg activity and density which provide a cnmpatible' eflicient and
workable relationship with surrounding uses and activity.
The staff believes that the applicants' pmposed uses for the site, single family
and primary/caretaker residential dwellings, arE very compatible uses in this
zone district and in this neighborhood. We are supportive of the applicants'
I
rr4ucst to rcduce the overall density on this sitc, from 55 dwelling units, down
o i6 dwelling units. Wc also suppgt the apdicqrtq' rcqucst to rtd'ce thc
overall GRFA on the sitc by approximarcly(18'0001q. ft. The staff has
carefully analyzed Orc applicants'rcquest tobd-stributc thc allowable GRFA
on a toi-by-toi basis, as indicated in thc chart bclow. We fcel comfortable with
thc applicants' proposed GRFA distribution, glyin$4-g1en t9"- *itlrpquire
a p"tt"nt"gc of$c Cnpe to bc utilizcd "t [@Tq!!9""")and also.that the
prbposedbuilding heighs will nor @ that, in
thc-LDl'lF zone district, thc maximum building hcight i( 38 foCt'l
Lot
I
2
3
4
5
6
7
8
9
10ll
t2
r3
l4
hoposcd SDD
Maximum GRFA
4,500*
4,500*
4,300*
4,500*
5,(no*
4,(X)0
4,800
5,000
4,800
4,500
4,(X)0
4,300**
4,300**
4,200**
LDMF
Maximum GRFA
3,129
3,2&
2,453
3,533
6,050
5,002
7,032
8,777
7,018
456
4,063
5,736
5,683
5,515
On lnts l-5, the maximum GRFA listed includes a minimum of 1,000
sq. fr, which shall be utilized as bascment space, bclow existing grade'
The GRFA maximum on these lots for the above ground space is the
total GRFA lisrcd above minus 1,000 sq. ft. In other words, 1,000 sq.
ft. of GRFA is allowed only as bascment spacc, in order to rcduce the
above ground mass of the structues upon these lots. These basement
spaces are allowed to be "walk-out" basements.
On lnts 12-14, 500 sq. ft. of the maximum GRFA shall bc utilizcd only
as basement space, as described above.
Since the Septcmber 9,l99l PEC workscssion, the applicant has amcndcd the project
as follows:
( t. ') Lot Nos. t-9 and 12-14 shall bc dcsignatcd as single family lots with
.X thc ability to have one caretaker unit.(' Z. ) l.ot Nos. l0 and ll shall be designated as single family lots.
\_-,
It 'a
All caretaker units shall be rcstricted to a maximum GRFA of 900 sq.
ft.
No caretaker unit shall bc sold scparately from the main, or primary'
unit.
No caretaker unit shall be rented on a short term basis.
C. Compliance with parking and loading requirenrents ss outlined in Chapter
It.52.
Parking for the suMivision will bc provided in acco,rdance with Chaptcr 18.52.100,
which is the standard parking schedulc currcntly utilized for all dcvclopmcnts within
rhe Town of Vail. Therc are no loading rcquirements associarcd with this mf$"Tii idevelopment. \^j{$ht Itt9b''t"'
D. Conformity with applicable elenrents of the Vsil Comprehensive Plan,
Town policie and Urban Design Plans.
The Town of Vail Land Use Plan shall be utilized as a guideline in any request for a
Special Development District. This property has been identified in the land Use Plan
as "Low Density Residential." The low Density Residential designation reads as
follows:
"This category includes single-family detached homes and wo family dwelling
units. Density of development within this category would typically not exceed
3 structures per buildable acre. Also within this area would be private
recreation facilities such as tennis courts, swimming pools and club houses for
the use of residents of the area. Instirutionalrlublic uses permitted would
include churches, fire stations, and parks and open space rclatcd facilities."
This SDD pmposal was also analyzed according to the Town of Vail I-and Use Plan
Goals and Policies. Staff has identified the following goals and policies we believe to
bc relevant to this proposal:
Goal 1.6 Development proposals on the hillsides should be evaluated on a case
by case basis. Limited dcvclopment may bc permittcd for some low
intensity uses in areas that arc not highly visible from thc Valley floor.
New projects should bc carefully conuolled and dcveloped with
scnsitivity to the environment.
Goal l.l2 Vail should accommodate most of the additional growth in cxisting
developed areas (ffill areas).
zlZ-'\.3. i
({. )
'-5-_j
Goal 5.1 Additional rcsi&ntial growth should continue to (rcur primarily in
existing, platted arcas and as appropriate in new areas where high
hazards do not cxist.
Goal 5.4 Residential growth should keep pace with the martet place dcmands for
a full rangc of housing tYPcs.
Thc staff bclicves that the applicants' proPoscd SDD and prctiminary plan for a major
suMivision comply with thc above-sgtcd goals and objectives, as well as the Land
Use Plan's dcsignation of "tow Density Rcsidcntial-"
6tAC Lstftnilv
E. Idcntilication and mitigation of nstunl rnd/or gmlogic hgzards that affect
the property on which the special developrnent district is propced.
l. Thc southern portion of the Timberfalls parcel is mappcd as a "scverc
rockfall hazard" on the Town of Vail hazard maps. A sitc spccific
hazard investigation, completed by Art Mears on August 28' 199t,
summarizes the roclf,all hazad as follows:
"In summary, rockfall does not appcar to be a hazard on any
portion of the parcel, and should not serve as a constraint to
building on the site."
2. The nonheast corner of the Timberfalls parcel is shown as bcing within
a ',modcrate haztrd debris flow hazard ar€a" on thc Town of vail maps.
According to An Mears:
"Modcrate hazard means Lots 5 and 6, and the building
envelopes, could be rpached by muddy water, small rocks, and
vegetative debris during a rare debris flow event. Mitigation to
buildings on lots 5 and 6 could bc accomplished by flood
proofing and direct protection of exposcd foundation and
building walls. Altemately, mitigation could be achieved by
designing a small settling pond and bcrm in the flat area above
the tennis courts. Final mitigatisl dsrril5 for Ilts 5 and 6
depend on architectural and landscaping dctails which are not
currently available. The mitigation on thesc lots, however, can
easily bc inco'rporarcd into building design without adversely
affecting adjacent public or privatc property."
-.
3. Art Mears has also completed an uralysis of the snow avalanche
dynamics and the existing avalanchc bcrm capacity adjacent to this
parcel. His conclusions aI? as follows:
"1. The flow heieht of the &sign avalanche is less than the existing
berm height.
2. The maximum deoosit hcieht of the dcsign avalanche is lcss than
the bcrm height.
3.Lateralspreadingofthcavalanchebclowt}reberms(inthetc*it countl is accuraely shown on the original drawings'
4.Theexistingberm,thereforc,docsnotrcquiremodificationsor
enlargements to mitigate the dcsigrr avalanche"'
The only hazard mitigation which would bc necessary is for the debris
flow hazard on Lots 5 and 6. Staff recommcnds that language bc added
to the face of the final plat indicating that a site-specific debris flow
mitigation plan be completed for l,ts 5 and 6 prior o the issuance of
any building Permits for the lots.
F. site plan, building design and location and open space provisions designed
to produce a functiona[development responsive and sensitive to natural
featureg vegetation and overall aesthetic quality of the community.
The staff has reviewed this proposed devetopment with regard to the purpose section
of the Special Development-pisuict chapter of the Town of Vail zoning code (Section
18.40.010), which reads as follows:
"The purpose of the special development district is to encouragc flexibility and
crcati"ity in the development of land in order to Promote its most appropriate
use; to improve the dcsign character and quality of ncw dev-elopment within the
town; to ficiliute the adequate and economical provision of streets and
utilities; to preserve the nitural and scenic featurcs of open space areas; and to
funher the overall goals of the communify as stated in tbe Vail Comprehensive
Plan. An approued denelopment plan for a special dcvelopment,district, in
conjunctionwith a property's underlying zone district, shall esublish the
r.qiir"r"n$ for guiding dcvelopment and uses of property included in the
special develoPment district."
We beleve the apptcant has produced a very well-designed prcliminary suMivision
plan, utilizing the hexibility of thc SDD pnoc€ss. Again, we believc-the applicant has
L*n nrry reJponsive o protccting the Gorc Creek 100:year {lsq-d!!4lland the existing
mature vigetation on thJ sie. For example, the applicant has rcduced the dcnsity on
Lots 10 -A t t to single family only dwellings. By proposllggfngle family dwellings'
the applicant is able to provide access to thcse lots via a<Ffoojpnvae driveway
E
cascment. This access easomcnt passcs through a very heavily-woodcd arca. Had the
ffii."n, proposcd primary/sccon-rtary tlgg_units on lots 10 and 11, thc privatc acccss
""Lr"nt *oold ho"" to bc widcncd ,W' in width'
G. A circulation sysem dcxdgned for both vetricles rnd pedestrians rddressing
on rnd off'site traffic circulation'
Thc on-sitc circulation sys6m is &signed to be a 22-fmt paved.,arivarc roadway, with
a 4Gfoot right-of-way. 'Th"
".""r, toaa *iff tcrminatc with a cul-dc-sac, which has
beendcsigncdtomectthcPublicWorksandFircDeparurrents'standards.
The sraff has reviewed thc potential off-site impacts of this suMivision, spccifically
*itft tcgua to ttre cxistin! ftriitr Lane bridgjovcr Gore Cleek. Thc Town Engineer
has rcviewed,4frr", iA hiJdiscovcrcd ttrat this b'ridgc was complcaly rcbuilt by
iii. f"*iCifgqf,l lr *"r iUuitt with a rcstrictcd width of 13.4 fect. It should also
be noted rhat, at tr,r ti*" Oi bridge was bcing rcconstructc4 thi5+[ogc-4!el19!9{
for 55d*elling units. Although ttt" to*tt staff has some concerns with thc nanow
;td;h ;i,htr l?aEt; ,ft" puUtii W-tt and Fire DePartnents and-the planning staff all
agrer that it should noiU"itr" applicants'responsibitity to upgrade thc bddge so that it
could accommodate 2 lancs of traffic.
Functional and aesthetic landscaping and open space in order to optimize
-d pa*""" natural features, recreation, views snd functions'
The applicant has verbally stated they will be pmposing spccific landscaping in the
area of the subdivision "ntty,
possibiy in thc fomlofalqff Cry --d associated
pf-,f"gt. The prelimin.ty tirc pUn aocl inAcatAq{9 poE' which would bc located
near the subdivision cntty, afong the northem boundde"-es of Int' 12 td t-4. Jhe staff'trff"#ffi:[:1frffi:.*" ;i,Lli,'*'
worksession, also agrced this would be rpasonable'
I. Phasing plan or subdivision plan that wilt maintain a workable, functional
and eficient relationship thro,ghout the developrnent of the specid
develoPment district.
The applicants' plan for the completion of the-subdivision is to install the site
f"f.t"iriqne-O*itg"th""ptiogand sr'-Ter of lqq2' It is proposcd that all
infrastructure improvemffi d completcd during this Perid, and that lot salcs and
individual home consmrction could occur simultaneously'
9
Iv. CRITERIA FOR A MAJOR SI.JBDTVISION
Thc PEC revicw critcria for major subdivisions arp found in Scction 17.16.ll0 of the Town
of Vail Subdivision Regulations and rcads as follows:
"The burden of proof shall rest with thc applicant to show that thc application is in
compliance with the intent and purposes of this chapter, the zoning ordinance and
other pcrtinent rcgulations that the PEC dccms applicable. Due considcration shall be
given to the rccommendations madc by public agcncies, utility companics and other
agencies consulted undcr Scction 17.16.090. Thc PEC shall rcview thc application and
consider its appropriatcness in rcgard to town policics rclating to subdivision control,
dcnsities proposcd, regulations, ordinanccs and resolutions and other applicable
documents, cnvironmcntal integnty and compatibility with the surrounding land uscs
and other applicable documents, effects on the aesthctics of the town, cnvironmental
integrity and compatibility with the surrounding land uses."
A. Public Agency and Utility Company Reviews
Notification has been mailed to the following agencies and, as of this date, no
comments have been received bv the Town of Vail:
1.
2.
J.
A
U.S. Forest Service
Upper Eagle Valley Water and Sanitation District
Public Service Company of Colorado
Holy Cross Electric Association
U.S. West Communications
Heritage Cablevision
t,.,lNw-'JJ{'-
5.
6.
V. STAFF RECOMMENDATION
The staff recommendation for the applicants' proposed Special Development Disuict and
preliminary plan for a major suMivision is for approval. It is the staff's opinion that the
applicants' request would further the goals of the community, as stated in thc Vail
Comprehensive Plan, and that the proposed SDD meets the criteria, as stated in the SDD
chapter of the zoning code (Section 18.4.010). We believe the applicant has been very
sensitive in the overall design of the subdivision, specifically with regard to the lO0.y€ar
floodplain, the sitcls topography and the existing vegetation on site. Staff recommends the
following conditions of approval:
,r,l:r' That engineercd drainage and roadway plans be provided during the frnal plat rcview.
2. ; That detailed gading, drainage and landscaping plans be provided, as discusscd in
Section Itr(H), above.
l0
a'\\v
@
That an cnginccrcd utility Plan be p'rovidcd 8t tinal Plat
That languagc bc addcd to thc facc of thc final plat, indicating that a gtc'spccific
a"Utir n6n, -nazard midgation plan bc cornpletcd for lots 5 rnd 6, as discussed in
Scction III(E), abovc.
The applicant has discusscd wittr thc staIf thc possibility of making minor changcs to thc
O"*r,iiri", plan, such as stightly rnovins l_ot lincs to accommodatc the rcsults of thc &tailed
;giilrtd rirdcs wtrictr ,t"-. patt of ti frnat plat submittal. .It is dro possiblc Ot! 99
applicant may proposc thc access road to tc a puutic road" (Ihis would rtquirc an-qdditional
i'fii; or;intor_way) Thc staff feels that rhesc ty?"1 gf_Tin*-cha1gcs, which do not
,"Ut*t.fli"frcr ttrcittaractcr or inrcnt of the apprrovcd SDD and prcliminary plan, arc
acceptable at tho final plat revicw.
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August 28, 1991
llr. Ron ReittyTirnberfalls Association228 Ridge StreetVail, CO 81657
Dear Mr. Rei11y:
At your request, r conpreted a site inspection of an unDrattedparcel west of the Tinberfal.ls devetopm-ent in East vaii-o'nTuqust27: 1??1: The purpose of rhe site visit was to quantiiy-ih;-----potential rockfall hazard on the site. The souUiern poition
.(approximatery 25?) of this parcel is mapped as ,severerr rockfalrhazard on Town of-vail 'nap?. rn additioir-to tne site-in";;;ti;;;r conducted a study of aerial photographs dated 1939, 19s-0, Lg62',r974' and 1984. .some of these-photos pre-date developrnent'andprovide an excell.ent view of thi area irior to rninis disturbanceand can be used to locate rocks which iray have rirren into thearea that was to become the parcel in question.
The following observations and conclusions result from nry study.
a. Rock deposits characteristic of rockfall originwere not identified on the site through aeriar-pfrotoj.nspection or the site visit.
b... The slope above the site consist of a rnature forestwith no perched_ boulders capable of rolling-irabouncing down the slope and reaching the pir"Lf.
c. The distinct r.irnestone cliff band, which serves asa rockfall source at- urany Vail areas, does noi crop outon the slope above the parceJ..
In summary, rockfa_ll.doe1 not appear to be a hazard on anyPortion of the parcer and shoul?t not serve as i Jonstraint tobuilding on the-site.
Please contact ne if you have any questions.
Sincerely,
/ i ./'l ;l ,"r tUL.v't Lot"t ./l I I Ll C+caArthur I. Mbars, p.E.Avalanche-control engineer
,-.rO
ARTHURI. MEARS, P.E., INC.
l.Lnnl FLzratr Coulons
22?FrrCrdrh,Avc,
Gqiror. Glqr& 81230
Nt - 61t.t2%
ltb Wouag o Auhncha o Acrlancl,ehtnl&1llxlc4
ARTHLIR I. MEARS, P.E.,
Narural Hazar& Cogulans
222 [:,1Grh,. A,,c.
Cun"iroo. Gloado E1230
l0l - 6,t t.3216
Septenber 4, 1991
Mr. Ron Reilly
Tirnberf aIls Association
228 Ridge streetvail, CO 81657
Dear Mr. ReillY!
At your request, I have cornpleted (a) an analysis_of avalaDche
et";;i;= arid existing avalanche-berm capacity at.Tinberfalfs, and
itt-;; evaluation of the debris-flow hazard. This work ltas based
on'a site inspection conducted on August 2'7 , 1991 and upon
revised avalanche-dynamics calculations'
o
NC.
An original avalanche analysis and berm specification was
cornple€ed by Mr. Hans Frutlger, a Swiss avalanche-control
rnfir,".r, in rgu:. The analysis rePorted.!9t? lpPlies current
i"ii"".fr!-dynarnics nethods, including nodified Swiss and A:nerican
procedure= ls"Im, 1990,' Mears, in prep. ), .tg.conPute the'avalanche dynamlcs and adequacy of the existing berns'
The followi-ng sumnarizes the rnethodology used. cornputational
details are included in the Appendj'x.
1. Design-avalanche (ttJ'00-yearrr.return.period) runout
distance was deternined through inspection-9f a
r.Si."tl database of extrene avalanches' Tbe runout
diitance ends on the north side of Gore Creek assurning
natural terrain without the bern in place'
2. A desiqn slab thickness of 1.60rn over the starting
zone area of- 44,4b4;r was estimated by analysis of
extreme storn data.
3. velocitv. f low heiqht, dischafge' ?nd deDg.sit^
gh aPPlication of the Swiss
EGG"irr.-dynamits procedures (Saln, 1990) ' The runout
distance was forced to stop at the point detenoined in
step rr1,rr above. The present bern configuration and
location of excavati.oni and tennis courts were used in
final calculations.
Man V/rgtin! . Aslonchet o Aqhnchc Cmtol Erytrce;'U
The follolting conclusions about bern effectiveness were reached
as a resul.t of this analysis and site measurenents.
1. The flow heiqht of the design avaLanche is lessthan the existing berrn height.
2. The maximun deposit heicrht of the design avalanclreis less than the bern height.
3. Lateral snreadinq of the avalanche below the be::ns(in the tennis courts) is accurately shown on theoriginal (Frutiger, 1973) drawings.
The existing berm, therefore, does not reguire rnodifications or
enlargements to nitigate the design avalanche.
DE3RIS FLOWS
Ttre northeast corner of the unplatted parcel (on the west'ilae otthe avalanche berm) is shown as being within a rruoderate-hazardrl
debris-florr area on the 1.984 Town of Vail rrGeologically-sensitive
arealr (cSA) naps. This i-ncludes portions of proposed lots 5 and5, as shown on the Tinberfalls site plan dated 6lLO/9L. Moderatehazard neans Lots 5 and 6 and the building envelopes could be
reached by nuddy water, small rocks, and vegetative debris duringa rare debris-flow event. Extensive building darnage and/or lossof life will not be a problem. The return period of the designdebris-flow is = 100 years.
Mitigation to buildings on Lots 5 and 6 could be accornplished byflood-proofing and direct protectj.on of exposed foundation andbuilding walls. This rnethod has been used at other buildings invail. Alternate1y, mitigation could be achieved by designing asmall settling pond and berrn in the flat area above the tenniEcourts. Final nitigation details for Lots 5 and 6 depend onarchitectural and landscaping details which are not currently'availabl.e. The nitigation on these lots, however, can easily beincorporated into building design without adversely affectingadjacent public or private property.
Please contact ne if you have any additional questions.
EncI. Appendix
Si;rcerely,
( .ffiL^,ll \\1paaAYthur I. itedrs, p.E.
Avalanche-control engineer
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LOT #
1
2
3
4
5
6
7
8
I
10
11
12
13
t4
16,320
16,304
14,320
| 6,090
25,416
16,672
24,704
41,232
29,952
23,328
1 7,169
19,120
19,944
19,394
TOTAL LOT
srzE (sF)
NET BUILDABLE
AREA - (SF)
10,430
10,800
8,176
1l ,776
20,1 6g
16,672
23,440
29,255
23,392
15,152
13,544
I 9,120
l g,944
18,384
" NET BUILDABLE AREA = Total |ot
size minus areas within the 100 year
flood plain and slopes exceeding 400/0.
I
-t,
I
FILE SOPY
hesent
Chuck Gist
Diana Donovan
Connic Knight
Ludwig Kurz
Kathy Langenwalter
Jim Shearer
Gcna Sy'hinen
The meeting was called to order by Chairperson Diana Donovan'
PLANNING AND ENVIRONMENTAL COMMISSION
ScPtcmber 9,l99l
Staff
Kristan Prie
Mike Mollica
Iill Kammerer
Andy Knudtscn
Shclly Mello
Bcsy Rosolack
Ambcr Blecker
l.
Villaee First Filine.
Applicant The Mainland Co.. Inc.
Planner: Jill Kammerer
Jill Kammerer reviewed the proposal and explained the staff s areas of concern. Jack Snow,
reprcsenting the applicants, staad that he believed lhere were two issucs in the proposal--the
exterior alteration-and infill, and the alterations to the bay window and door. He said the
owners had asked for this workscssion to receive a prcliminary endorscment from thc
Commission for the changes. If they reccived that endorsement, the applicants wcre willing
to work together with thc suff to determine an acceptable landscape plan.
Diana Donovan asked for the consensus of the Commissionen on the projcct. The conscnsus
was that therc were no major problcms with the proposed extcrior alteration.
Jack Snow discussed the planters. He said the intention was to keep the arca as oPen as
possible in order to maintain circulation to the stores. Kathy l-angenwaltcr askcd if the
ixisting stainvay south of the Gold and Silversmith commercial space entrance would be
retainJ. Adjaclnt shop owner, Jim Coner, said that approximately 80% of thc traffic to his
store used thit stairway, and he did not want to sce tlris stain*'ay eliminated and rcplaced with
a planter.
Diana exprcsscd her prcfcrence to have vertical landscaping, and was not as concemcd with
the actuai square foo6ge of landscaping providcd. Jack said it madc sense to kccp the area
open, but dib not want thc tr€cs ro scr€cn the display *iltryt. Jim Cottcr ad&d that if
,hopp"rr had to look into the windows from a distance of 5 fcct, they would not b able to
trf'rtlfi
+ {* !: _:il
sec thc jewelry. Diana asked if the sidewalk was crurendy in front of the windows. Jim
Cotter replied it was.
Connie Knight questioned why there were thrEe sets of suin. Kathy Langenwaltcr said she
was troubled wiin tfre dcsign of the stain, in that they wcrc only about 6 fect apan. She
thought a better &sign woulrt bc to combine rwo of the stairways into one, as proposed.
Gena rJ/hinen askcd if the entry to Crazy Shirts could be flipped with the proposcd bay
window. Jack said the only flow-through of traffic was to the north, but they would look at
the porcntial of moving the cntrance. However, he felt there would be a disadvantagc to that
proposition, in thar it would create a dcad-end spot within thc 1ore, and the display window
*outa not bc cffective. He bclieved it would bc a fair trade-off to locatc the landscaping
elsewhere in the vicinity and place some tyPe of transpa'rent, venical landscaping ncar the
shops.
Connie asked if the stain on the south side could be eliminated. Jim Cotter answered that the
winter traffic pattern would be affected, as that stainvay was commonly- used. Jack proposed
placing landscaping in front of the blank wall of Vendetta's building. Connie believed that
would be a good alternative.
Chuck Crist wondered if the planten' size was decreased, would they still be able to hold
aspen. Jack said they would, but if those aspen were more than 3-4fe*t tall, therc would be
too much of a visual barrier. Jim Cotter said tirat flowers were great for the arca, but trees
would visually block that side of thc street. Chuck did not find the three staircases
objcctionable, and agreed that relocating the landscaping to Vendetta's wall was a good
option.
Jim Shearer suggested the applicant and staff get together and discuss the possibility of
having one set of larger stepi or if three sets of stairs wcre decided upon, pertraps eliminating
the uiper-level sidewalk. Ae encouraged the landscaping plan to get as much out of the
ptantiis as possible. He believed Wall Street had been improved because of the undulation of
the sidewa* area. He advocated more vertical landscaping, saying it should blend with the
existing. He also suggested varying the height of the planters themselves. Jim Cotter said
the plaiters were oftin used as ieating by shoppers, and he was in favor of keeping thc height
of the planten as they were. Jim Coner also liked the suggcstion of locating additional
landscaping along Vendetta's wall.
Kathy asked what would happen to the alley. Jim Cotter said it would not be affected, and it
would actually be a good place for vertical plantings. Kathy asked that the landscaping be
kept in the area of the expansion, and if the existing stairways were maintaineA she suggested
narro*ing the sct which went to Crazy Shirts. She was also not comfortable with the bay
window.
4. A reouest fo'a workscssion fol' a maior suklivisior md.a Soccial Dcvclopment
ffii for an unolattcd 7.5 actr oarccl senerallv locatcd cast of Nueeet lanc and
South of Gorc Goek Drive.
Aoolicant Timbcrfalls Association
Planner: Mike Mollica
Mike Mollica cxplained the proposal, and noted that the itcm would have to bc formally
ubled at the conclusion of thc discussion, as it had originally bccn noticcd as a public
hearing.
Karhy Langenwalter asked if the numben given for the GRFA for the project were a total-
-
square foof,ge number, wirh all scdits added in. Mike informed her that there would still be
. i."g" crelit in addition to the numben listed, but no additional GRFA crcdit (425 sq. ft.)
w6uld be added to the unit(s). If a caretaker unit werc built, the square fmtage for that unit
would have to come out of the Primary unit's GRFA. Gena Whitten asked what guarantee
would be in place that, on somi of the units, 1,000 sq. ft. of GRFA would be placed in the
basement. Mike replied the private covenants would cover that requirement, and that the
requirement would also be included in the SDD ordinance for the project.
Mike explained staff's concerns with the Foject, and listed some discussion items' Peter
Jamar, the applicants' rcpresentative, addressed the question of hazards on the site. Hc said
there had been a specifii study done for the entire project, and suggested that the wording in
staff's memo be changed to ensure that specihc mitigation measures recommcnded were
performed on l,ots 5 and 6.
Addressing density, he said it was the idea of the applicants to allow the site to be used in
different Jays by-each owner, specifically in the provision of careuker units' He believed
there was u portititity there coujd even be some renters in those units' He did not believe
that restricting the units to employees only was a positive move for the project, and notcd that
he had already reduced the density on the site.
Peter said that the access to the site had always been planned from Nugget Lane, a public
road, and that the Town had not found the bridge to be inadcquate. He asked that the last
developer in the area not be penalized. He said development on the site had always been
planneb, and the zoning mapeven showed the proposed roadway-inside the dcvelopment. In
'addition, the Town hadrecintly upgraded thc bridge, and the applicants did not feel they
should have to upgrade the bridge further.
Regarding the pedestrian easement along the stream, Peter noted they werc private eascments
wnlcn were conveyed from the previous owners for the benefit of thc owners of the properry.
The easements did not link up ,"i*t any oth€r easements to the east or west of the project'
peter said the applicants could deal with the Fire Deparmrent access issues, but to necessitate
the specific location for each curb cut was a bit excessive. Applicants wanted to allow the
owners some flcxibility in the dcsign of their lot, and specifying curb cut locations would
prohibit much of that. However, thc fi.r hydrant locations would bc shown on thc frnal plat.
Addressing Public Works' concerns, hc said many of their issues would bc handled at final
plat. He J"iO O" SGfoot right-of-way requircd for a public road was cxccssivc, and that was
ih" *"ron for rhe pnvatc rcadway. The paved width of the strccts would bc the same, 22
fcct- petcr agreed tg restrict f.oti tO and l l to single family residenccs without provision for
caretakcr units, and have a private driveway access those two lots in orrdcr to pr€serve as
many trEes as possible.
Peter believed that it was not necessary to make the Town party to the architectural
guidclincs, but thcy could be revicwed at final plat. If thcre were conc€ms' they could be
IAOressed ar that poinr He believed the Town should rely on a normal DRB rcvisw Process
for the developmcnl
The majority of the buildings, according to Peter, would be placed within the building
envebpls, but the applicants intended to also use the setbacks as guidelines. He proposed
requiring some percentage of the building to be required o be n-lacef in the envelope, but to
altow sJme nexiUitity. Mike aske.d if the envclopes would be placed on the final plat. Peter
suggcsred a dashed fne on the plat to indicate the envelopes. Mikc stated he would like to
r"Jin"t on the plat. Peter agreed to place the envelopes on the plat as.dashed lines with a
notation that a iertain percentage of cach building would have to bc within the envelope, and
additionally note the setbacks for the lots.
Peter saw some entry landscaping as part of lots 7 and 12, but did not have a spccific plan at
this point. He statd that, whln the lot lines wcre drawn, the applicants had gone to the site
and dctermined the best building sites on the parcel working around the trees, and then drew
the lot lines-
Kathy Langenwalter questioned why this was an SDD proposal, and not a single family or
primary/Seiondary subdivision. Peter said it was strange to have to go through this process
when tirey o,"r" do*nroning the parcel. He said that they could have poured all the
foundations and then sold the lotJ without having to go through any rcview except DRB, but
they wanted ro allow rhc ownen flexibility. The request for thc SD_D.was because of the
setback, frontage rcquiremenrs and GRFA allocations for the lots. Kristan Priu added that
the issues were tisted in staff's mcmo. Shc said thc Planning Commission should be
concemed with a Low Density Multiple Family parcel being subdivided, and noted it was to
the benefit of the dcveloper to have the flexibility of an SDD. She said the zoning was
intendcd for multi-family, and staff felt it was positive that single family stnrctures and
scnsitivc site planning propos€d.
6
Connie Knight askcd if 85% of rhc strucnrrc to bc locatcd in thc building envclopcs would be
acceptable. -Peter said the applicants would look at thc possibilities to dctcrminc what a
workable pcrocnuge would be.
Chuck Crist left the mecting at 5:05PM.
Applicant Ron Rilcy askcd for flcxibility rc that they could wort wi$ thc individual fcatures
of lacn bt. Gcna Whitten asked what ttrc propcrty bohind rhc parccl was. PeEr said it was
o*n"O by thc Forcst Scrvicc. Mike said somc-of that area is privatcly ownc4 urd may bc
dcveloped if the lot mct the buildablc arca requirement. Gcna qucstioncd how acccss would
Uc proviaeA. Kristan said that was a lcgitimate oonccm' and any dcvclopcr would havc to
address that qucstion.
Gena
own thc rec'rcstion facilitics' tlrat he had
constructed them in lg74-75 to serve both parcels. Hc said hc and his partner owned thc
facilities. Gena asked if ttrcre would bc public access to the creck. Mike answcrcd that ftc
only easement was private at this time. Feter said there was no intcnt for public asggss.
Kathy commented that she thought thcre was a continuous frshing casemcnt along Gorc
Creel. nre Commissioncrr t*I a poll, and tbe conscnsus was that thcy bclicvcd that if tbere
was nO ContinUOuS easement, there waS no need tO Change the cxisting prlval0 Gascment to a
public eascment.
Connie Knight was bothered by haying the forest invadcd by dcvclopmcnt, and asked if Lnts
l0 and I I cluld be eliminated-from the plan. Ron said they had looked at that possibility'
but lots l0 and ll had tlre greatest buyer intcrest because of thc amount of privacy thcy
afforded. He felt that they tr.d don" a gr€at deal to minimize and mitigatc thc impact of
construction on thosc lots. Percr addcd that thc building cnvclopes for thosc lots had bccn
placed away from the majority of thc large, maturc trees. Hc also remindcd the
bommissioners ttrat Oere hadbeen a dramatic rtduction from the approvcd plans of placing
another phasc of condominiums on the site.
Kathy Langenwalter agrecd that specific mitigation would bc nocessary on thc sircs idcntified
as having f,azards, buittrat the mitigation was at the building phasc and was sitc-specific'
Kristan Commented that staffs *ording had perhaps bcen unclear on that point, and it was
their intention to havc the mitigation bc for a spccific strucfirr€. Peter suggcstcd adding
languagc to the Frnal plat for Llts 5 and 6 that site-spccific hazard mitigation mcasures would
U" i""irrury. Hc pointcd out that, according to thc hazard study, thc hazad was to the
buildings themsclves, not to life.
Kathy wanted to sce thc building cnvelopcs on the final plat, and dmumcntation as to what
the cnvelope contained, such as-what was allowcd in the cnvclopc, what could bc outsidc it'
ctc. Feter said that would be thc basic guidcline for thc lot. Kathy addcd shc just wanrcd to
know what was allowed on each lor Mikc Mollica said the dcvclopment could use fie
sctbacks as thc devclopment standar4 and on Lots 7-ll, crcatc a "nGbuild" line, over which
no constnrction could uke place. Ron Riley liked that option, stating it madc sense' Peler
agreed, and said that would bc lcss complicated than spccifying individual building envelopes,
and what could and could not be outside each cnvelope.
Katlry addressed the issuc of the carctaker unis, stating she bclieved they should be required'
as a lot of poantial employee housing was being lost by tlre down-sizing of the project. Ron
disagreed witr that $sessment, as he belicved only approximatcly 3 of the ll0 Timberfalls
units werc currently uscd by local cmployces. Petcr added that, whcn Timbcrfalls had
originally opcned, a highcr percentage had bcen locals, but when they moved they were not
repiaced with other cmployees duc to the cost. Hc said a local could buy down-valley for the
same arnount as the rcnt at Timberfalls. Connie Knight said it was hard to rcquire a spccifrc
number of units when the devcloper was not proposing to construct drc unis. Diana said the
Commission had done just that for thc Spraddle G'ock Subdivision.
Mike ploposed an option that if a caretaker unit were constructed, it be restricted so it could
not be soid repurat"iy. Connie asked if the lots would sell wittr that restriction. Ron replied
they would, but the owners would not like a rcquirement to build a second unit. He said
those with the lifestyle he was anticipating would build them anyway, but it would be tough
to scll the lots to a potential buyer if the units were required. He would rather let it remain a
desirable option. Ron did not want to force a buyer to build, but felt that employee units
would be built.
Kristan asked if permanently restricting the units would bc acccptable. Ron said a deed
rcstriction that thly nor be separately sold would be fine, but did not want to restrict them to
employees only. Kathy said she did not want the units sold separately. Both Ron Riley and
Petlr jamar said thete was no intention to sell the caretaker units separately, but they did not
want them deed restricted for rental o employees only.
Jim Shearer stated that it was a goal of the Town to crcate employee housing in every
project, and he believed it was then also the job of the Commissioners to supPon that goal.
itetir said that was already accomplished, in that staff had requested the applicants add the
caretaker provision to the proposal.
Kristan asked if Beaver Creek had a maximum size for caretaker units. Peter said they did'
and it was a very generous amount. The applicants had discussed allowing 85G900 sq. ft.
per unit for this project. Diana questioned if the size of the caretaker units would be limitcd.
xattty b"tie"ed it would, due to the total GRFA limitation for each lot.
Chuck Ctist rcrurned to the meeting at S:rOPM.
Gcna asked why the lots were going to bc single family rather than primary/sccondary. Fctcr
said it was E rcsponsc to thc martci. Ron said thc fccdback hc had rcccivcd was a prcferencc
fo,r 14 familics rathcr than 28. Oruck Crist agrccd, saying 0rat a Duplcx subdivision would
be too dense.
Diana asked if thc dcvelopcn would bc wiXing to stipularc that thc carctakcr units could not
bc rentcd on a shct tsrm basis. Ron srid ycs, that shst trm pntals would bc irrconsisEnt
with the neighbohood" Diana wondcrcd if a bonus wctl to bc givcn to cncourage thc
caretaken to Uc Uoitt, would the applicants agrcc to rcstrict trc units for cmployccs' ?crcr
said additional squarc footage waJnot thc issuc. Ron claborarcd that thcy had faccd thc
GRFA numbers down in ordsr for ttrc dcvelopmcnt to look bcttcr. Kristan said shc thought
ths pEC should say what was appmpriarc, as opposcd to tclling tlrc applicant that Oouncil
may ask for cmployce housing.- Diana believc{ u thc vcry lcssq the units should not bc
ren-tcd on a shon rcrm basis nor should thcy bc sold separatcly.
Diana questioned how the berm, Ponds, basement squarc footagc require:ncnt and roads
would be maintained. Peter said that a homeownErs association would bc rcsponsible, and the
covenants would create a public easement for the pond and state it was the homeownen'
responsibility to maintain ir
Diana belicved ttre Nugget Lanc bridge was a legal qucstion, but bclicvcd a pcdcstrian
walkway was necded. -She also wondcred if thc garages would bc JcParatc' and if the
caretakir units could bc placed over the garages. Ron said that had not bccn addressed, and
the only separate garagcJ Prcposcd wert on lots whcre thc utility cascmcnts qplit the lot'
Mike rcminded thi applicantJ and Commissioners that DRB approval would still be neccssary
to s€paratc thc garagei, but that the utility easements could bc a rpason to scParate. Petcr
said Int 5 was the mosr likely to bc split. Diana asked if trccs would bc a rGason to s€parale
the garage. Mike said theY would.
Diana stated thc madc more
She also F;orc comfirtatitc scning a maximum sizc
ffiPeter suggestcd 900 sq. ft. for the caretaker units. Krign added.that
they would bc restrictcd as they coutd not bc sold scParatcly, not rcn1t'- on e short tcrm basis'
.nd U" a ma:rimum of 900 sq. it. in sizc. Diana was conccrncd Orat if tlrcy werc that large'
they would be used morc as a duplex. She also rcircrated that lrts 10 and ll would not have
the ability to construct a secondary unit.
Krisun asked the Commissioncn how thcy fctt about architcctural guidelines. Diana said it
was impo:rtant to have a say on the lots whcrc square footage Yas to be-placcd undcrground'
Kristan-responded that stafi Oia not have suong fcclings on architcctural- guidclines sincc the
dcvclopment was not in a highly visiblc lcation, such as Sp'raddlc Crock, and thU thc
cxistini DRB guidclin6 *"* adcquarc. Jim bclicvcd thc dccision could bc lcft to thc Dcsign
Review Board.
Ludwig Kurz stated thc Nugget L,anc bridge necdpd attention, but did not feel it was the
trrponiiUitity of the dcvelopcr. He felt comfortable with having caretaker units if they werc
rcs-tricted soas to not !g sold s€parately, not be rcntcd short tcrm, and bc no more than 900
sq. fr in sizc. He also wanted I-ots l0 and 11 restricted 1p singlc family units.
Mike asked if the Commissioncrs wanrcd to sce a prcliminary landscaping plan fo the cntry
and pond at the time of prcliminary plar Jim bclicved it would be appropriatc at the time of
fina1plat. Fcter Jamar proposcd having a landscaping plan approvcd bcforc thc first building
pcrmit was issue4 or ai tri time of final plat. He rcmindcd thc Commissioners that none of
the lots could be sold before a final plat was in place. Ron addcd that the hydrology rePorts
had not yet been performed, and they wanted to cxplore atl possibilities. Kristan believed
that a landscaping plan would be appropriate at final plat.
Chuck Gist moved to table the requcst for a major suMivision and a Special Development
District for an unplattcd 7.5 acte parccl generally locatcd cast of Nugget Lane and South of
Gorc Cneek Drive to September 23, 1991. Jim Shearer seconded the motion. It was
unanimously approved, 7-0.
5. A reouest for an exterior alteration for the Mav Palace. 223 East Gore Crpck Drive/A
oart of Block 58. Vail Villaee First Filine.
Applicanr HennrWoo/CharlesRosenouist
Planner: Shellv Mello
TABLED TO SEPTEMBER 23' 1991
6. A rpquest for a setback variance for the Vlaar Residence. 2963 Bellflower Drive/bt 7.
Block 6. Intermountain.
Aoplicants: Hans and Mia Vlaar
Planner: ShellY Mello
TABLED TO SEPTEMBER 23' 199I
7.
E.
Aoplicant:
Planner:
TABLED TO
Andv Knudtsen
SEPTEMBER 23,1991
Planner: Andv Knudtsen
TABLED TO OCTOBER 14,1991
Jim Shcarer moved to table ircms 5-8 as listed above.
was approved, T-0.
10
Chuck Crist scconded the motion. It
' 9. Aorrovdl of minutes frrom the Julv 22. Aueust 12 and Ausust 26. 1991 PEC mcctines.
After corrections welE madp, Lgdwig Kurz moved to appmve the minutes of July 22, 1991 as
corrected. Chuck Ctist sccondcd thc rnotion' It was app'rovcd 6{11, with Diana abstaining'
since shc was abscnt.
Jim Shearcr moved F apptovc thc minutes of August 12, L99L, as conectcd- Chuck Ctist
secondcd the motion' It was unanimously approvcd 7{.
Chuck Chist moved to apprrove the minutes of August 26, t99l as correctcd. Jim Sbearer
scconded the motion. It was appoved GG.l, with Ludwig Kurz absaining due to abscnce.
After several information iems werc discusse{ the meeting was adjourncd at 6:l5PM.
11
TO:
FROM:
DATE:
MEMORANDI.]M
Planning and Environmental Commission
Community Development Departrnent
September 9, 1991
SIJBJECT: A rcquest for a worksession for a major suMivision preliminary plan and a
Special Development District for an unplatted 7.5 acrc parcel generally located
East of Nuggct Lane and soutlt of Gore Cheek Drive.
Applicanr Timbcrfalls AssociationPlanner: Mike Mollica
I. DESCRIPTION OF TT{E REOI.JEST
Timberfalls is a 7.5 acre unplatted parcel, generally located east of Nugget Lane and south of
Gore CYeek Drive in the East Vail area- The property is bounded by the Timberfalls
Condominiums to the east, Gore Cbeek and duplex-zoned lots to the north (Strcamside
Circle), duplex-zoned lots to the west (Nugget Lane), and a large, unplatted parcel of land
zoned Agricultural and Open Space to the south.
The applicant, Ron Riley, representing Timberfalls Associates, is requesting approval of the
following:
l. The establishment of a Special Development District, and
2. Preliminary plan approval for a majo'r suMivision.
The property is currently zoned lnw Densiry Multiple Family (LDMF), and based upon the
buildable area of this site, the property is zoncd fo'r a total of 55 dwelling units. The
proposed development plan is comprised of 14 rcsidential lots. Each lot would permit one
single family dwelling unit, plus one "car€taker unit," for a total of 28 dwelling units. The
total GRFA requested is 62,700 square feet. The lot sizcs range from approximately 14,500
sq. fL, up to approximately 41,2ffi sq. fr An existing stream is proposed to be realigned to
cross tbe suMivision. A pond will also be created at the cntrance to thc subdivision.
Access to the sitc is proposcd via Nugget Lane, immediately south of the Gorc Cbeek Bridge.
Access to the los would be provid€d by a 24-foot widc road, approximately 500 fect in
length, ending in a cul-dc-sac. Lot numben lG13 would have a separate access just south,off of the main roadway. Please see the attached site plan for finher information regarding
the layout of the lots and the access roadways. All utilities would be located underground.
The applicant's proposed SDD would depart from the undcrlying zone disrict of LDMF in
the following areas:
l. Minimum Frontage - lots 5, 10 and ll do not meet thc 30-fmt required
minimum frontage. zo2. Setbacks - Ints i, 3,4,6,8 and 9 do not meet tne {+oot side yard setback
requirement.3. GnfA - Although the proposed GRFA for the projecr as a whole is
substantially less than what the underlying zoning would allow, Lots Nos. l-4
are proposed to{be allocated more GRFA than what the underlying zone disrict
would allow, gi[en their individual lot sizes.fI
| ^ Zo, azsz { -e,4I
\rnoO *-^4 k "/P'/'-Lf ^"%"-aj'*' 2*"/
v
ZONING CONSIDERATIONStr.
The following table outlines the Timberfalls' zoning analysis, indicating the underlying
zoning, which is LDMF and the proposed Special Dcvelopment District. The project's
deparrures from the LDMF zone district sandads are highlighted in bold type.
Underlying Zoning
Iow Densiw Multiple Familv Promcd SDD
Site &€a ?.5 acres a 326,700 sq. ft. 75 acres
Arca Over l()% Slope 35J63 sq. ft. 35363 sq. ft-
Area Lmated Within
100-Year Flmdplain 2l,lll4 sq. fr 21,144 sq. ft.
Buildable Area 2:l0ffi q. tt- 2702fi q,. ft
Minimum I.ot Arca 10,000 sq. ft" of Varies, frort 103&4 sq. fi-
buildable area pa lot to 29,64E sq. fL*
-...=.-_---t-r-afinimum RonagD 30 ft.
\t-:---
z) fr
20ft
35 ft" - flat rmf
38 ft" - sloping rmf
9 DUs per buildable rcre,
or 55 DUs for $e site
81,062.? sq. fl" or 30%
of the buildable rea
114345 sq. ftor35%
lot sttall be landscqed
Fer TOV pa*ing sandards
A minimum of 40% of ech A minimum of 40% of erh
Vrrleq s.e rttrched
sitc plan
20 ft"
Z) ft rear
15 ft sides
33 fL - doping rool
U DUs, crch with
ceretekcr = 2t DUs
62,700 sq. l|,.ot237o..
41J13 sq. It, ot l2S%
(alea of building enve@es)***
lot shall bc landsc+ed
Fer TOV pa*ing stsndards
Setbacks@
-- Building Height
Density
,r*-n/ t-@
- Site Coverage
fandsc4ing
Pa*ing
*!@: These numbers rced b be wrified pric to the rcxt PEC meeting.**&: otr Lots l-5 thc maximum albwable GRFA requires that l,0m square feet is utilizod as
basement spre. These bascment spac€s ar€ allowed o be "wdk-out" basements. On Irts 12-
14 500 square feet of the maximum allowable GRFA shall be utilized only as bosemant sprce
as described above.**+Note' E^rh individual bt shall have a maximum site coverage of 35% and all sErEfir€s must be
located within the building envelopes.
The Timberfalls parcel is located in the LDMF zone district. As such, the permittcd uses in
the zone district are as follows:
1. Singlc-familyresidentialdwellings2. Two-familyrcsidentialdwellings3. Multiple-family rcsidential dwellings, including attached or row dwellings and
condominium dwellings.
m.
The criteria to be used to evaluate this proposal are the 9 Special Development Disuict (SDD)
development standards set forth in the special development district chapter of the Zoning
Cods. The criteria are as follows:
A. Design cornpatibility and sensitivity to the irnmediate environment
neighborhood and a{iacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
B. Useg activity and density which provide a cnmpatible, effichnt and
workable relationship with sur:rounding uses and activity.
C. Compliance with parking and loading reguirenrnts ss outlined in Chapfer
18.52.
D. Conformity with applicable elements of the Vail Comprehensive PIan,
Town policies and Urban Ilesign Plans
E. Identilication and mitigation of natural and/or geologic hazards that affect
the property on which the spocial development district is proposed.
F. Site plan, building design and loetion and open spacc provisions designed
to produce a functional development responsive end sensitive to natural
featureg vegetation and overall aesthetic quality of the community.
G. A circulation system designed for both vehicles and pedestrians addressing
on and off-site trafftc circulation.
H. Functional and aesthetic landscaping and open space in order to optirfize
and preserve natural feafures, recreation, views and functions.
I. Phasing plan or subdivision plan that will maintain I workable, functional
and efricient relationship throughout the developnrent of the speciat
development district.
ry. CRITERJA FOR A MAIOR SIIBDTVISION
The PEC review criteda for major subdivisions are found in Section 17.16.l l0 of the Town
of Vail Subdivision Regulations and rcads as follows:
"The burdcn of proof shall rest with the applicant to show that the application is in
compliance with the intent and purposes of this chapter, the zoning ordimr:ce and
other pertinent regulations that the PEC dcems applicable. Duc consideration shall be
given to the rpcommendations made by public agencies, utility companies and other
agencies consulted under Section 17.16.090. The PEC shall rsview the application and
consider its appropriateness in regard to town policics relating to subdivision control,
densities proposed, rcgulations, ordinances and resolutions and other applicable
documents, environmental integnty and compatibility with the surrounding land uses
and other applicable documents, effects on the aesthetics of the towa, environmental
integ.tty and compatibility with the surrounding land uses. (Ord- 2(1983) Section I
(part).)"
A. Public Agency and Utility Company Reviews
Notification has been mailed to the following agencies and, as of this date, no
comments have been received by the Town of Vail:
l. U.S. Forest Service2. Upper Eagle Valley Water and Sanitation District3. Public Service Company of Colorado4. Holy Cross Elecric Association5. U.S. West Communications6. Heritage Cablevision
V. STAFF RECOMMENDATION
As this PEC rcvicw is a worksession, there is no formal stalf recommendation at this time.
The intent of this worksession is to grve the applicang and the staff, direction on any issues
which the PEC dctermines to be significanr A summary of the staff-identified issues is as
follows:
A.Geologic Hazards
1. The southem portion of the Timberfalls parccl is mapped as a "severc
rockfall hazard" on the Town of Vail hazard maps. A site specific
hazard investigation, completed by Art Mears on August 28, L99l,
summarizes the roclfall hazad as follows:
"In summary, roclf,all does not appear to bc a hazald on any
portion of thc parcel, and should not serve as a constraint to
building on the sitc."
The northeast corner of the Timbcrfalls parcel is shown as being within
a "moderate hazad debris flow hazard arca" on the Town of Vail maps.
According to Art Mears:
"Moderate hazard means Lots 5 and 6, and the building
envclopes, could be reached by muddy watEr, small rocks, and
vegetative debris during a rare debris flow event. Mtigation to
buildings on Lots 5 and 6 could bc accomplished by flood
prmfing and direct prctection of exposed foundation and
building walls. Alternately, mitigation could be achieved by
designing a small sealing pond and berrn in the flat arca above
the tennis courts. Final mitigation details for Lots 5 and 6
depend on architectural and landscaping details which are not
currcntly available. The mitigation on these lots, however, can
easily be incorporated into building design without adversely
affecting adjacent public or private property."
Art Mears has also completed an analysis of the snow avalanche
dynamics and the existing avalanche berm capacity adjacent to this
parcel. His conclusions arc as follows:
ul. The flow heieht ofthe design avalanche is less than the existing
berm height.2. The maximum deposit heieht of the design avalanche is less than
the berm height.3. Lateral sorcadins of the avalanche below the berms (in the
tennis courts) is accuratcly shown on the original drawings.4. The existing berm, therefore, does not require modifications or
enlargements to mitigate the design avalanche."
It appean that the only hazard mitigation which would be necessary is
for the debris flow hazard on lnts 5 and 6. Staff rccommends that
language be added to the facc of the final plat indicating that a site-
2.
3.
r*;4ax*'fu
specific @ be completed for Lots 5 and 6 prior to
the issuance of any building permits fu the lots.
B. Development Plan
The issue here is whether thc PEC feels comfqtablc with thc dcvelopment plan,
specifically the layout of the lots and thc associacd building envelopes and adjacent
roadways. Please note on the attached sitc plan the locations of the existing ftcs,
which are indicated as "+", and are generally located in the southwest corner of the
parcel.
C. Density
The applicant is proposing 14 dwelling units with the ability to add 14 caretaker units.
The issue here is whether the PEC would like to see the 14 caretaker units
permanently decd resricted as employee housing units with any squarc footage
allotrnents.
D.Access
At this time, the applicant has not decided whether the proposed access road would be
a private road or a public road If this were to bc a public road, some additional right-
of-way would be necessary. Additionally, the Town Engineer has indicated some
concems regarding the namw, one-way b'ridge on Nugget l-ane over Gore Clreek. A
final determination will need to be made by the Town Engineer regarding whether or
not widening of the bridge will be necessary to accommodate this development
E. Pedestrian Easement
schedule B-2 of the title report indicates that there is a pcdestrian and equestrian
easement, 15 feet in width, along the southcast bank of Gorc Creek. The Town
Engineer has reviewed this, and has indicated that ttris pedcstrian easement is currcntly
a private pedestrian oaricment. Thc issue here is whether this easemcnt should be
dedicated as a public pedesrian easement along the south bank of Gore Geek.
Additionally, the title rcport also indicates a @esrian and equestrian easement and
right-of-way, 20 feet in width, along the northerly sidc of the subject property for the
use of fishing purposes along Gore Creek. Again, the issue is whether this easement
should be a public easement.
F. Firt Department Concerns
The issues raised by the Town of Vail Fire Deparrnent arc as follows:
1. The proposed cul-de-sac is too small for a Fire Departrnent tumarcund.
2. The feeder road to Lots lG13 is too narrow.
3. All utilities should be shown on the site plan, especially fire hydrants.4. All curb cut locations should be indicated on the site plan.
G. Public Works Department Concerns
The issues raised by the Town Engineer and the Public Works Deparfiient are as
follows:
l. The site plan should include all easements, specifically tlrc pedestrian
easement along Gore Cbeek. VV, _ 40, K|w2. Is the proposed roadway to be public qLW - '"
3. Concerns about the narlow, one-way bridge on Nugget Lane.
4. The roadway grades to access Lots 10 and 11 appear fairly steep. This
issue should be finalizad when the road plans and sections arc prepared.
The roadway to Ints l0 and ll will requirc a 22-fcnt wide road and a
Fire Deparrnent turnaround will also be required
5. Engineered drainage and roadway plans will be required prior to final
approval.
H. Architectural Guideline
The applicant is proposing architectural controls and guidelines which are intended to
supplement the existing Town regulations regarding architectural design. It is
proposed that these architectural guidelines will be incorporated into the covenants for
this subdivision. The issue here is whether the PEC would like to see thcse
architectural controls specifically incorporated into the SDD ordinance so that the
Town may be a party to, and enforce, these contr,ols.
L Building Envelopes
Thc applicant has indicated building envelopes on the development plan for the
project. Would the PEC like to see these building envelopes canied forward and
actually be placcd upon thc final plat?
J. hndscaping
As a part of tbc ptclininry plan fc 6is dcwlop'mcnt, would thc PEC likc o scc a
prclininary landscaping plan, spccifically in the form of en cntry statcmcnt fc thc
subdivisiqr and a sclFnatic landscaping plan for thp srcam and pond arcas.
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ARTHI.JR I. MEARS, P.E.,
Narunl FLandr Coruluntr
222 Er Gdic Avc.
Gmirqr, Gbodo 81230t03-ut.t2x
INC.
August 28, l99L
llr. Ron ReillyTinrberfalls Association228 Ridge StreetVaj-I, CO 81657
Dear Mr. Reilly:
At your reguest, r conpreted a site inspection of an unplattedparcel west of the Tirnberfalls developnent in East vail- o'n'hirgust27 t 1991. The purpose of the site visit was to guantify the -
potential rockfaLl hazard on the site. The southern poition
-(approxj-mately 25?) of this parcel is mapped as 'sevelerr rockfallhazard on Tohrn of VaiL maps. rn addition-to the site inspection,r conducted a study of aerial photographs dated Lg3g, 195-0, Lg62',L974, and 1984. -some of these photos pre-date developnent andprovide an excellent view of the area prior to rnanrs listurbanceand can be used to locate rocks which may have fallen into thearea that was to becone the parcel in guestion.
The following observations and concLusions result from ury study.
a. Rock deposits characteristic of rockfall originwere not identified on the site through aerial-pfrotoinspection or the site visit.
b. The slope above the site consist of a nature forestwith no perched boulders capable of rolling andbouncing down the slope and-reaching the pircel.
c. The distinct linestone cliff band, which serves asa rockfall source at nany Vail areas, does not crop outon the slope above the parcel.
In summary, rockfall_does not appear to be a hazard on anypoTllgn of the parcer and shourd not serve as a constraint tobuildinq on the site.
Please contact ue if you have any questions.
Sigrcerely,
/ .\ )-l n ..r .
LLA Luu fl I I lt ac<Arthur I. Mbars, p.E.
Avalanche-control engineer
Lte Wattag . Aub/rch.! . Aa&ac,rc',talrytrd.,rt
t o o
September 4, 1991
Mr. Ron ReillyTinberf aLLs Association228 Ridge StreetVail, co 81557
Dear t1r. Reil1y:
At your request, r.have cornpreted (a) an analysis of avarinchedynarnics and existing avalanche-berm' capacity' ai tinuJriillll-ana(b) an evaruation of the debris-flow haiard.- This work was 6asedon a site inspection conducted on August 27, 1991 and. uponrevised avalanche-dynarnics calculations.
AVALANCHE DYNAMTCS AND BERM CAPACITY
An original avalanche anarysi-s and berm specification wascornpleted by Mr. Hans Frutiger, a swiss avalanche-controrengineer, in 1973. The analysis reported here applies currentavalanche-dynanics methods, including nodified siiss and Ameri.canprocedures (Sa1m, L99O; Mears, in prep.), to compute theavalanche dynamics and adequacy of the existing Lerns.
The folrowing summarizes the rnethodology used. conrputationaldetails are insluded in the Append.ix.
1: Design-aval.anche (rrL0O-yearrr return period) runoutdislance was deternined through inspecti-on of aregional database of extreme avalanEhes. The runoutdistance ends on the north side of Gore creek assuningnatural terrain without the berrc in p1ace.
2. A desiqn slab th*ckness of 1.6Om over the startingzone area of 44,4OOmr was estirnated by analysis ofextreme storrn data.
ARTHUR I. MEARS, P.E., INC.
Natural F{azadr Couulnnrs
zzlEuEilll..
Cumiron, Cdondo 81230
303 - &t-1236
.3.. Ielocitv. flow hei positheight,- lrere cornputed thiouffiswissaval,anche-dynarnics procedures (Salm, 1990). The runoutdistance was forced t.o stop at the ioint letenoinEa instep trl-,rr above. The present berrn -onfigruration and,location of excavations and tennis courts were used infinal calculations.
Mu Wating o Aulacha. Auhnche Cmtpl EvttwthS
a
The following conclusions about berm effectiveness were reachedas a result of this analysis and site neasurenents.
1. The flow heicrht of the design avalanche is lessthan the existing berrn height.
2. Tbe rnaximurn deposit heioht of the design avalancheis less than the berrn treight.
3. lateral spreadincr of the avalanche below the be:ms(in the tennis courts) is accurately shown on theoriginal (Frutiger, 1973) drawings.
The existing berm, therefore, does not require nodifications drenlargements to nitigate the design avalanche.
DEBRIS FLOWS
The northeast corner of the unpJ.atted. parcer (on the west'i'jlae otthe avalanche bern) is shown as being within a trmoderate-hazardr.
debris-flow area on the 1984 Tolrn of vaiilGeologicarry-sensitivearear (cSA) naps. This includes portions of proposed lots 5 and5, as shown on the Tinberfalls site plan dated 6/LO/9L. Moderatehazard means Lots 5 and 6 and the building envelopes could bereached by nuddy vrater, small rocks, and vegetative debrls duringa rare debris-flow event. Extensive building darnage and/or loss-of life will not be a problern. The return period oe tne'designdebris-flow is = 1oo years.
Mitigation to buildings on Lots 5 and 6 could be acconplished byflood-proofing and direct protection of exposed foundalion and -
building walls. This method has been used at other buildings inVaiI. Alternately, mitigation could. be achieved by desigmiig asmarl settling pond and berur in the flat area abovl the f,enniscourts. Final nitigation details for Lots 5 and G depend onarchitectural and.landscaping details which are not cirrrently.available. The raitigation on these rots, however, can easil! beincorporated into building design without adverseiy affectiniadjacent pubJ.ic or private property.
PLease contact ure if you have any additional guestions.
Avalanche-control engineer
Encl. Appendix
,.9.9,,t7/9t -1.5r 4F
,.,.4
z: 343 926 2:,3s
4i5'11
4to6i
q13C
5,Ltj
5 ttt5
LOT #TOTAL LOT
srzE (sF)
NET BUILDABLE
AREA - (SF)
I
2
3
4
5
6
7
I
9
t0
11
12
13
14
16,320
16,304
14,320
16,090
25,416
16,672
24,704
41,232
29,952
23,328
17,1 68
19,120
18,944
18,384
10,430
10,800
8,1 76
11,776
20,1 68
16,672
23,440
29,255
23,392
15,1 52
13,544
19,120
18,944
18,384
* NET BUILDABLE AREA = ToIaI lot
size minus areas within the 100 year
flood plain and slopes exceeding 400/0.
PETER JAMAR ASSOCIATES, INC.
PLANNING . DEVELOPMENT ANALYSIS. RESEARCH
T/'b /L, /t-- "!-"t'/ | *\
"t^t;*t 2 ,fu cDD d\^
August L2, 1991
Mr. Mike Mollica, Senior Planner
Department of Connunity Development
Town of Vail75 S. Frontage RoadVail, CO 8L657
Dear Mike:
Attached is the application for a Special Developnent Districtfor the unptatted 7.5 acre Tinrberfalls Parcel . Also attached is
the Preliminary Plan for the proposed subdivision of the parcel
into 14 lots in accordance with the standards set forth in the
SDD. we look forward to a September 9th Public Hearing beforethe Planning and Environmental commission.
Accompanying this letter are the following items:
L. Application Forms (SDD and Major Subdivision) and filingfees.
2. A current Title Report.
3. Preliminary Plan.
4. Topographic Survey and Lega1 Description.
5. Soils Report.
The following inforrnation sumrnarizes the proposal:
1. Existing Zoning: The site is currently zoned Low DensityMultiple Farnity (LDMF) and allows a total of 58 dwellingunits and a total GRFA of 85,464 square feet. A zoninganalysis cornputing the area of the site within the Gore
Creek L00 Year Floodplain and over 408 slope was completedpreviously by the Town of Vail (see attached Town of VailLetter dated May 5, l-985).
Suite 204, Vail National Bank Building
'108 South Frontage Road West . Vail, Colorado 81657 . (3C3) 476'7154
Mike Mollica, Senior Planner
Department of Community Development
Town of VailAugust 12, 1991
Page 2
2. Proposed SDD: The proposed SDD would divide the property
into 14 single fanily lots ranging in size frorn 161416square feet to 4Lr232 square feet. Lots have been arranged
and building envelopes sited in a manner which attenpts topreserve as many of the existing trees upon the site aspossible.
Reducing the density upon the site by 44 dwelling units hasthe result of reducing the inpacts upon the site andsurroundingt area significantJ-y in terns of issues such astraffic iurpact and potential fireplace emissions. The lotswill be provided access via a short cul-de-sac street whichwill be designed to meet the Town of Vail's local streetstandards. Lots l-0 and lL are an exception to this as theywill be accessed via an easement through Lots L2 and L3which will allow the construction of a private drive. Thishas been done to reduce the roadway width for the purpose ofninirnizing disruption of trees in this area of the site.
3. GRFA: Eactr lot will pennit a single fanily residence plus arrcaretakerrr unit if the owner of the lot desires such aunit. GRFA naxirnurn for each lot will be as follows:
IOT GRFA MAXTMW
I 4500* ----\
2 4500* l3 4300:t I4 4500!t I5 sOOOrt* I6 4000 \7 4aoo \I 5ooo --___..* r-2,,?oo9 4800 /- -10 4500 I11 4000 tt2 43oO** \1_3 4300** )L4 42oo),t ./* On Lots L-5 the maximum GRFA listed assumes that l_,000square feet is utilized as basement space. The GRFA maximumon these lots for above ground space is the total GRFAIisted above minus L,OOO square feet. In other words the
Mike Mollica, Senior Planner
Departrnent of Cornmunity Development
Town of VailAugust 1.2, L99L
Page 3
Iast 1-rO00 square feet of GRFA is allowed only as basement
space in order to reduce the above ground mass of thestructures upon these lots. These basement spaces areallowed to be tlwalk-outrr basements.
** On Lots I2-L4 500 square feet of the maximum GRFA shall beutilized only as basement space as described above.
4. Development Standards: The following development standardsshall apply to the development each site:
a. Setbacks: Front: 2OlSide: L5 |
Rear: 2Ol
b. Buildinq Heiqht: 33' for sloping roof (reguired onall buildings)
c. Lot Size: As shown on Preliminary Plan
d. Parkinq: As reguired for each unit per Tosrn of VailZoning Code.
5. Environmental Conditions,/Impacts: The proposed reduction ofdensity upon the site by 44 dwelling units willsignificantly reduce the impacts upon the site in terns ofthe environrnent. Fewer automobiles generated to and frornthe site, fewer fireplaces, and overall a less intense
development of the site will result in less alteration ofthe site and surroundings. A brief description of the siteand its surroundings is as follows:
a. Hvdrolocric Conditions: Gore Creek flows adjacent tothe north edge of the site and a small stream flowsadjacent to the east boundary of the site. This streamhas been previously channelized as a part of thealterations to the Tirnberfalls Avalanche Path andfollows a man-made course. As a part of thissubdivision this stream is proposed to be reconfiguredthrough the site (see Prelininary Plan) and given amore natural appearance.
A dranatic reduction of irnpervious materials upon thesite frorn the 58 rnultiple faraily units contemplatedwill result in less disruption of natural run-off anddrainage upon the site.
Mike Mollica, Senior PlannerDepartment of Conrnunity Development
Town of VaiI
August 12, 199L
Page 4
b.
c.
No developnent isCreek Floodplainsetback frorn theadhered to.
proposed within ttre 100 year core(see attached survey) and the 5O footcenterline of core Creek will be
Atmospheric Conditions: Potential emissions resultingfrom L4 dwelling units wilL be substantially less thanfrom the 58 dwelling units allowed on the site underthe current LDMF Zoning.
Geoloqic Conditions: The soils investigation completedupon the site (copy attached) describes the subsurfaceconditions upon the site and contains recommendationsregarding foundation design criteria. Generally theconditions encountered are typical of those foundwithin the East Vai-l area.
As indicated upon the Town of VaiI Hazard Maps the siteis not within any high or moderate debris avalanche ordebris flow area. Previous nitigation has created abermed area which removed the snow avalanche hazard toboth this site and the Timberfalls Condominiums area tothe east.
The southern portion of the site is indicated on the
Town of Vail Hazard maps as being located within a HighSeverity Rockfall Area. A site-specific Aeologicinvestigation is currently underway upon the site inorder to deternine the nature and extent of thepotential rockfall hazard, if any. Determination willbe made based upon this report whether the proposedsingle family structures vill increase the presentlevel of hazard to public buildings, roads, streets,rights-of-wdy, easernents, utilities, and facilities.
According to the Town of Vail Zoning Analysis of theproperty.55 Acre of the site is in excess of 40?slope.
Biotic Conditions: Considerably more vegetation, andtherefore wildlife habitat, upon the site will remainas a part of this proposal than j-f the 58 multipJ-efanily dwellings were constructed. As can be seen onthe attached tree survey, homes have been sited in amanner which attempts to preserve the rnajority of thetrees upon the site.
d.
l,like tfollica, Senior PlannerDepartnent of Conmunity Developnent
Tovn of Vail
Augrust 12, 1991
Page 5
6.
e. Noige and Odor: The developnent of 44 fever dwellingunits upon the sj-te should result in leEs noise andodor.
f. Visual CgEditionsz 44 ferer units and the preaerrratl.onof tree cover shoutd reeult in a hLgher quallty scenl.cvalue of the eite.
9t. Iand Use Conditions: The developrnent of 14 sJ.nglefanily hones is ocpected to be very conpatible sith ttresurrounding land uses. The town of VaLI Iand Use Plandesignates this site as l{ediurn Density Residentialshich lE defined as rrhousing which would t1plcally bedesigned ae attached units with conmon walls.r
h. Circulation and TranEnorta9ion CEQdLtionsz 44 fewerdwelling units will reduce the auount of trafficentering and exiting the site.
i. Population Characteristicsr 44 fewer dwetling unitEcould be erpected to reduce the population of the slteand neighborhood.
In sumary, the reduced intensity of development upon thesite can be viewed as resulting in fewer potentialenvironmentally adverse inpacts.
Special Developnent Dig9rig!, Design Criteria: The proposedPrelimlnary Plan retates to the Special Developnent DistrictOesign Criteria (Section 18,40.080, Vail l{unicipal Code) asfolloss;
a. Desigm Conoatibilitv: The proposed plan is conpatibleslth the surroundlng neighborhood and sill providedevelopnent more consistent in scale with tlre existingNugget Lane neighborhood than 58 nultiple fanily unitsin this location, The Plan has been desJ.gned and isintended to preserrre the rnaJority of the existing treesupon the site and mininize disruption of the property.
b. Conpirtibl,litv with Surroundinc Uses: The proposed planis conpatible wlth the surrounding neighborhood andwill provide development more consistent in scale siththe existing ttugget Lane neighborhood than 58 nultiple
Mike Mollica, Senior Planner
Department of Cornmunity Developnent
Town of VailAugust L2, L99L
Page 6
d.
family units in this location. The Plan has beendesigned and is intended to preserve the najority ofthe existing trees upon the site and rninimizedisruption of the property.
Parkino and Loadino: Parking wiII be provided per the
Town of Vail reguirernents.
Vail Cornprehensive PIan: The PIan is in conformitywith the comprehensive Plan for the Town and isconsistent with Town goals and policies and the Townrsattitudes to\rards reduction of density.
Hazards: See ftem #5 above.
Site Plan: The proposed Prelininary PIan has been
designed to be responsive to the natural features ofthe site. Each building |tenveloperr has been fieldlocated in order to preserve as many of the trees uponthe site as possible. The road has been designed in a
manner which avoids tree removal or extensive cuts orfills. AII utilities will be placed underground.
S. Circulation Systen: The road has been designed to Townof VaiI Local Street Standards and provides easy accessto the proposed lots.
h. Landscaping and Preservation of Natural Features: Asstated above, the existing trees upon the site areproposed to be disturbed as tittle as possible and thePrelininary Plan Concept is to place the buitdingswithin the existing trees on the site to provideprivacy and screening.
i. Phasinq Plan; Bhe plan for the Subdivision is tocomplete site infrastructure in the Spring and Summerof J-992 with individual home completion occurringsimultaneously.
Utilities: All utilities are currently provided to or nearthe site. Complete subdivision improvement plans anddetails wiII be subnitted with the Final Plat application asrequired. A utility verification form will be conpletedprior to Final PIat subrnittal
e.
f.
Mike Mollica, Senior PlannerDepartrnent of Conmunity Development
Town of Vail
Augrust 12, 1991
Page 7
8. Covenants: Covenants governing the development of each lotwiII be prepared and submitted at the tirne of Final Platapplication and review. It is intended that architecturalcontrols and guidelines which supplement the existing Townof VaiI regulations regarding architectural design witl beincorporated into the covenants for this Subdivision.
Please let ne know if you require any additional information orhave any questions.
ARTHURI.MEARS, P.E.,
Natural l-lazar& Cquultonu
222 Fa C,otlric Avc.
Cunniron, Glorrdo 81230
t03 - 64t.i2J6
INC.
August 28, 1991-
Mr. Ron ReiIIy
Tirnberf a1 1s Association
228 Ridge StreetVaj.I, CO 81657
Dear Mr. Rei1ly:
At your request, r conpleted a site inspection of an unplattedparcel west of the Tirnberfalls developrnent in East Vair- on'August27 t 1??1: The purpose of the site visit was to guantify thepotential rockfall hazard on the site. the southern poition
-(approxinately 25?) of this parcel is napped as ,sevelerr rockfalLhazard on Town of Vail maps. rn addition-to the site inspection,r conducted a study of aeriat photographs dated tg3g, 195-0, Lg62,L974t and 1984. some of these photos pre-date developrnent andprovide an excelLent vj-ew of the area prior to manrs listurbanceand can be used to locate rocks which rnay have falren into thearea that was to become the parcel in question.
The foll-owing observations and concl-usions resurt from my study.
a. Rock deposits characteristic of rockfall originwere not identified on the site through aerial-photoinspection or the site visit.
b. The slope above the site consist of a mature forestwith no perched boulders capable of rolling andbouncing down the slope and reaching the pircel.
c. The distinct lirnestone cliff band, which serves asa rockfall source at many vail areas, does not cron outon the slope above the parcel.
In summary, rockfall_does not appear to be a hazard on anypoTllgn of the parcer and shourd not serve as a constraint tobuilding on the site.
Please contact rne if you have any questions.
Sincerely,
| .\ ) | r .r ,I I '.1 L| |||
ULo,'t Lct,t .11 t lll Ct"c.,tArthur I. Mbars, p.E.
Avalanche-control engineer
Itilo$ Wuhng o Aulanchu . Amloack Ccrr.tnl f;lybucttnS
ARTHUR I. MEARS, P.E.,
Natural Hazards Couultanrs
INC.
222 1..:,sr C,,rhn: A"c.
C,unnison, Colondo 81210
)0) - 64 t.)2)6
September 4, 199L
Mr. Ron Reilly
Timberf alls Association228 Ridge StreetVaiI, co 81657
Dear Mr. Reilly:
At your request, r.have conpreted (a) an anarysis of avaranchedynamics and existing avalanche-berm capacity at Tinberiiiis; -a"a
(b) an evaruation of the debris-frow hazard. This work was iased.on a site inspection conducted. on August 27, l_991_ and uponrevised aval-anche-dynarnics calculatj_ons.
AVALANCHE DYNAMICS AND BERM CAPACITY
An original- avalanche analysis and berm specification wascompleted by Mr. Hans Frutiger, a swiss avalanche-controrengineer, in 1973. The analysis reported here applies currentavalanche-dynarnics methods, including modified siiss and Americanprocedures (Salm, L990; Mears, in prep.), to compute theavalanche dynamics and adequacy of the existing t"rm=.
The following summarizes the rnethodology used.details are incl-uded in the Appendix.Cornputational
L: Design-avaLanche (rtlOO-yearrr return period) runoutdistance was deterrnined through inspecti-on of i -regional database of extreme avalanches. The runoutdistance ends on the north si-de of Gore creek assurningnatural terrain without the berrn in place.
2. A desiqn slab_th*ckness o! 1.60n over the startingzone area of 44,4oomr was estimated by analysis ofextrene storrn data.
3.height, were cornputed throuffiswissavalanche-dynamics procedures lblfrn, 1990). The runoutdistance was forced to stop at the point &etermin"a instep rr1,rr above. The present berm Lonfiguration andlocation of excavations and tennis courti were used infinal caLculations.
Mos Wosling . Amlanchcs o Aulanche Conlml Engtneqing
The following conclusions about berm effectiveness were reachedas a result of this analysis and site measurements.
1. The flow height of the design avalanche is lessthan the existing berm height.
2. The naxirnurn deposit heiqht of the design avalancheis less than the berrn height.
3. Lateral spreading of the aval_anche below the berms(in the tennis courts) is accurately shown on theoriginal (I'rutiger, L973) drawings.
The existj.ng berm, therefore, does not require rnodifications orenlargements to rnitigate the design avalanche.
DEBRIS FLOWS
The northeast corner of the unplatted parcel (on the wect"'3lae otthe avalanche berm) is shown as being within a tnoderate-hazardrrdebris-flow area on the 1984 Town of-Vail rrGeorogically-sensitive
arearr (GSA) maps. This incl-udes portj.ons of proposed rots 5 and6, as shown on the Timberfarrs site plan dated 6/Lo/9L. Dtoderatehazard means Lots 5 and 6 and the building enveropes courd bereached by nuddy water, smalr rocks, and vegetative debris duringa rare debris-flow event. Extensive buirding damage and/or lossof life will not be a probrem. The return period of tne'designdebris-flow is = i_Oo years.
Mitigation to buiLdings on Lots 5 and. 6 could be accomplished byfrood-proofing and direct protection of exposed foundation andbuilding walIs. This nethod has been used at other buirdings inVair. Alternately, rnitigation cour.d be achieved by designiiq ismalr settling pond and bern in the flat area abov6 tne f,enniscourts. Final nitigation details for Lots 5 and 6 depend onarchitecturar and. randscaping details which are not cirrrently.available. The rnitigation on these Iots, however, can easi.l! beincorporated into building design without adverseiy affectiniadjacent public or private property.
Please contact ne if you have any additional questions.
Sircerely,
/ t -+1 . ^^I t/-Il ll \ \il ,.tI h,ALu'"tV/ I Yt(ftuaAfthur I. ffedrs, p.E.
Avalanche-contro L eng ineer
Encl . Appendix
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.::. t:r '.r Slab Thlcl<ness Calcu1atlon
Design (5-Aay; storm = 2./6rn new snow
Compression factor durlng storn = 0.?0
Slab height = 0.70 x 2,76 = 1.91fin
SIab thickness (on 14.3" slope) = 1.50n
Starting zone (release zon€) a,rea, steepness,
nean slab.th5-ckness, and, volurne durlng 100-
year avalanehe cond.ltlone.
Computed velocity and d.lscharge at botton of
starting zone.
1:: r',,,tt.:: | :l'i rleI i rt i::t i. ri l.t:lr+.r
rtrttJ.rlrr.!11i.rt.l
( .l :* I r,)rJr")
!1t.Jlii. ,', ,. :;rl
i.:, .1. p +if .ct"t-q L e 4tl Fi ,, i.){..r iri '.r r 'r)l-lnri:r. l.enqLft irrti:.! vi.:r- l-:i.,. ,,r. itr i:.)t:r r: ti ,,,ii::: i
l"lnr i ;r nn L;t I J. errfi l::fi 1.. m .i r '..j li
Uc+r- {:. l. r::*.1. dr- r:;::; i. in ..1 i::ilii-r-i:s::i ::ierl:ion t::r{ lr-ar,f,:
fi '1. r)t^r T- # r:t til
l::illl r* rii'L:l
li,lU , :-1 ilr *' ! it llj|[t t::t vtiil F'
f,i l i:rpr: .*n,tI n
[il r 44riJi'i in.,:i; ,i,;,i\r/ i,.:: fllli rrt ,/ gt
fli',,';t.1. ;ln l::hsi,r wi. di:h
tt$
iii;:r.red
i: .1. ,lel fr a'L g l"r t
l:l e .1. a :'l e,r l: i, o n
i;nriri:i. nr..rtl '/,ti llr
Lui-l
::: !1 ,, .r:,2.i1. i1i
:l
Iin i: i-: [,: tr 'y' I
C: Computed avalanche vel-oclty andl flow heightat bottom of track (top of rrunout zone)
':i'r tfl -r'rr r l '-frhr"l r:r'l i nr'
It I :" :l {::i0i:i i"[..t* .= ., i:)
i:; l otl r- itt el ::r 4(.:) { l/l fn:iililnper *t irair-rt F' ,,',, *jr"r' 'ri '.rr-i:i :1. i..rtr
Hflr" r r c:}n l; a l. rj i. sl'. an i:: r.: 1.. i -l ',,i.1.::ii
,.,rr: r- {: i. *,*l r::ir-()p 1.. rrr .'; :.i.Jl
Natural (pre-berrn construction) nrnout zone.Conputed. runout .d.istance, fLow helght, a^ncldeposit height (assurunlng uncoqEe;sed snow).
llipe*tcl ;,1t: point P :: ?& m/=
F.l.r:t.r heiql-lt at F ', ll.:;ir1. nt
i::i.|. n ir .,,,r n r.1 .l r.l : *r cJec; ,, I I 7.
.. " .i ..:,
'",1(.!
.l.nter-n;-r.1., .{: r-i.i::: l:.:i. r:)!r l_ tt !'l)r:: Il i\ l." ,.j;
l.rJi rlth:r { rr..rn.-.nllt: i r' { i.:r.ai::: i.,: 1 { [i1
I'lnr:l :i { i. er:! l'1'*, lli { nr- r-lrri-"r.ir.r l:
-,.rr",+.r l an*hrl w j. rJth ..t.L i":':, l]i-: I i::ia..r :it
Iir.rrr-'c:rr-.rt di st,, 1:: * lililrll t.i./ rnlil l:l.rit:) rl
l''ii:n.,tr.rr "!r ri. tl i:: h r:; {. r- lt;t --,:l t..t.i:. 9t} 1
(Runout zone crosses Gore Creek)
Flln--ot".r'h. d i. *;{::anr:sr iri.:)i-:i. .:,'. i::: t"r 'i:. i l .1. r: :i. $l:+nr::r*;!89 nr
ii*pth n{ rlupnsi'!:.i. nrr :
ll,:n{:i rr r..rr* ry:it!-r Slrf .L:t,:ri:y
lr
ta:;
lii,, i iri i,l
Rurrr--nr..Lt nr:rrl e'1 :i. rrcl!:r?rr:,r:t:lrtt
XI r 1(1('l() l"l1..r(:r :i,: ,, I
[: .1. * rzl r" ,:,t L: et ];: ll {i] ( 1 ,/.1. fl ::i:.
SI np,* :tt $l$i nt F :::: L,:i l rfr j::)i. l: , , jii
l lt.rr'- i ;,r nn t a .1. tJ :t. :lt:,,,rrr l:itl 1.. m ..i i. i..r I
Uelr-l::ir;aL clr-up [nr ] :i. ll
Inter-rr;rl {ricti.nn l-"Al'lkJD{\ 1.,. "..tl.,lidtlrs {rr..rn.-.altt},r ( [:r'ac l..: i ii:{i , ;rI
l'lorj i .f :i, srrl l"llJE f or r-ur..r.-r:L.rt--
Er Runout zone nodeLlng wlthln exlstlng(August, IppI) bernrs.
. ':
'iiiPr.'led i"tt point tl
Ii'l.uv'r hmi,-qht at F
i:;li. nne flngle
'' * i6 m/t** ?. iI4, nt
deg, 14 \
'':1 | -:t
.i.
?
,ft
illrn*ou i:: cli.:ltanrr:r rl.(-!:i. *l
Aval ernrhe widl:fr ;rl- F',, r':i,::::1. {3r.i il,Rrrn-or,rt di st,, rfl] ::iCj l.::l..l,r rn:ll ..:l;rl.Li liDepth r::f r:1ep n,:ir.i. i:::i. nfl I l.ii,, 1..'r; ,n
l"ie+rr r.ri. cl [|r crf r-Lrn'-clt.rt :6O m
I'lurr":i. :: nn l:: *..!. ci i *t.*rnce:..3?7 m
,6O m
Conpresslon factor
Deposit maxinum in 0.J = J.O6n =
= 0.,5
berm6-L6.5 f +,.
F1ow height = 2.34n = 7.68 ft.
Fr Runout-zone mod.eLing wltfdn flat areaat base of bern and tennls collrts.
i:tltn --out model i r-rgr r I r t l r t r t I I I :r I I :r r 1.i
X I ,,- I tlt0tlt l"lLr r.,l ,-,,
Rrldltceltl I l. nror r';:i l: t.r
S1 r:p n .rt: Srni rrt i:'
!-lor. i. Iun L:arii. dis;L;rrrr:trVerti ca1., clr'np
,, :it
-,,, :.j, i:.ti:.i (..! r||.j:,
:::' ' ,.:I |-i
ii,r 't r.
.1.n{:*lrpr:r.1..:r.hnd { I ow ::;p ned llii nr,'':
[:.i. r:rr'r fr*i r;lrt ai: p = 3,.54. rn
:::i.l.rrprt'l r,rnfii.n I I rleg. 4 ld
l. n l:er-fler.1. { r'i. ct i. {)n 1.._r:li.'l[t i:it.\ :!.
I'lnrl i {:i c,rr:l l"ll..lE -trlr- r- r..iir --ili.r.l:
Rltn-nr.rt C j. rii I an r:er :i.:.lS niAr.,arl..:rfiche wi dth ;r'l F " l+:,::: l. {!{:j rrl
l:{r..rn --ljr".i l: rJicL, ,L: L1 :l (:i [,:1'.1./ $r f :i. r..!E] irrDepth nf clrepn,,:i,i.hj.on I ,.i-. Li rrr
li:.tl li::i r"t r..t r.l r.,r i. th !lr:r'f r:: i.:;j:!,,.:i
r'li::r r- :i. ;,: Ll n t .,.,r .1. i::i i t;l {:. .,.r n t : l;ir I
l"iql,.,i,l r.,.r.i i::i Llr ;:$ i-Lrn*clr.tt
.i. t::r
,t .j.i:] fn'{r(: m
Conpression factor = 0.5 ln d.ebrtsDeposit naxinun in courts = 6.2 x 0,J = l,J.m= 10.2 ft
Flow hei-ght = 2,74n = 7.68 ffi.
'.,.,i"'!';.lv4i :,:tlttf.!ii,iJr:i-.ii.v.lj:'. r#6tElii?iilE;r,
L
Itun*ol,tt modeil i nc1I:' tti rr I rrrr.J rr ll
X I ;:: 1()0(l lvl;qa ;::,,
Re,rclt.rcmcj { l ow rall::e
SiLope at prnint F'
Hori rc:nt;r.[ cJ i s1:;rn{:e
Ucrr{- i r',r I r|rnn
Gr Runout-zone nod.el-lng below tinnlg oourts(in Gore Creek). Avalanche crossee Gore
Cireek.
,, :;lr: Ii1(]ir {ll:l::l. l;:ii-i in l:lt"i::t .i. i::irrl
t n -i :ltll-ml 1-i
l.rrtrnrpcrlated {low
frl r:rw heiUht at F
llil ope $ngle
speed LC, m/.::;
,r" ?,. T4. nt
deg. t) 7,
Inter-rraL {ricti.nn l-.Al'1ErDr*:r 1,,,,,,ii;
f'lodi { i ed l"lUE {or r-nn--nrrt
Rl.rn--olrt d i- g l:anrn lil-tl. n
i\V",rl.
".irtr U:l"rr,l wi CJI::l.r a.1.. [,i.r l:ii,:,,, .l C-\{..! rr,
F(lrn-'ol.rt di r::;t, {::o :::i;(..r |{:i.,l,i rl;i:: l. inIiepth nf rlernusit:i.orr I 1,:l .. i..i,.:r iu
l- ln r" :i. :i r: r"r 'L * L di st ance;
I'lt:;rn r,.r i. rl l.:1r ,r'l r"urr-.clr-rt
L t.tc:,
'tJ ri:
:34 m
6t) m
Q 7 t,*, Ftct titA
INTER.DEPARTMENTAL REVIEW
PROJECT!
DATE SUBMITTED: " Y' i2.'II DATE OF PTJBLIC HEARING
COMI{ENTS NEEDED BYt t ' z(' I r\-\,rl'l.I'll,ll I D lr.ELtrDt-, DL. ---c-- j-3El)--l-!--
BRIEF DESCRIPTION OF TIIE PROPOSAL:5)D o^.1 ,f 1.^4, - 7""1; f&-*
ffi ^/ ,) ?, ,t,/Gffi Date!%
ll 4;L pl^ rl.,",tl inel,L a-[t uz*,^).. .i-^.(., t^^ a-J a_.*_^_)-
"fa^ G",L cvv&- El p",,ld b. k'd h.Cr-'( O.- {' -. no,,,lJ
Y,rf^ J- LL,"*L e-n-.It1 pr;*-(- f, €,.-*.-_-_J h.^_
pu lat". P-t / h7,1d- eorc^^.-,L! I t
z) -t +L voo.,Lrun J-, b- pro'',.b u pvLl;,- - 'l9o Nl-
51"L, ,-l i> Lrli^.1 t ovt fu"-l ,f-.,--t- s k),-,J, ( Z / l-)
?>"1 P.o..rr. *t e,'lT 4o, ,1,q.,.42tr (pr;"--L fo.- ) 1+.--JJ".
7) 4 "r"- Lt>4r ,'r-urt a-Lou L 1L A&rru ty oat- ut<-1 Lro--fl'' ar-3-;^'{ f.zons> *7 ,L.z-t L b.- L- L.-t- + *tLFIRE DEPARTMENT V Lneviewea bY: Date:
Comnents3
"ftWV LL'1-' tw'^'f ;"'-d l: 'pV"^-J'- ''L'
a) =+ "Iyt +l*l- 4- yr*L, ^-7 ,.,-u/.- L /L
tl&,.-J^. roou) , buf, +L"- d%,.r J- Lof,s /o/ // alz+ a-l:LtL
i314( . (D"nl' V"\,r-) ,.,,"L-'( foa.L p6, cL.* O{ux,^4d r.-+-l ,ttt,.l I IlYlL (^oaLuul +- L-l lo, tl fe,vtn-s 4 zz, c.t;Jz_ Aol u^J:( L
.t I b. I'lI - | ', | , - r -*w, *-o. st-y,-{z- d,ttu.t aeft^L, L F;*_O.p+_ -T-Jrn"rrru,.,^-J . ,
vtL. ,Jro t"* verTvre-L , ,
bs) tT +l-- .oa.-L r.s t- L | ' ,t ,. /i"({ffi
Comments:
amiltl6lreo--- io a-Ia. L JL rq.J'V -
RECREATION DEPARTMENT Date:Reviewed bY:
P-.J-1 P/.^, *r// b.- r2u""''2 fn'* /-
Comments:
") 6w1*l
fin*l 4op.o vJ.' revised t3/LL/9L
i Nrh comn-A r',.. J-*t. //"/ ,pzcJg).JL ^q
/-J.h-.Ca:a-
-2,^---r- . /vLo+l_ tkcfffi .4ln
4[',* J"*-t"f"*-U o.*t1 14 on;l:- il )* ,Lrl is 2&, v^+-- J.-'.J* ftezrtL J.*H.L "k.
tt;i1e /\cllt<*
\
PROJECT:
DATE SUBI.IITTED: f: rL.
COMMENTS NEEDED BY!
BRIEF DESCRTPTTON OF
INTER-DEPARTMENTAL RTVIEW
r.z( 'Jr
THE PROPOSAL:
DATE OF PUBLTC HEARING 'E'J.
QI,}/
5}b a-l l rii'n"-;-
office ol communilY development
n,:$:i:::ffir'
(303) 47!1213E
isoa) fiezrgg
August 14, 1991
Tht"ilt5!"sx:' '"'
ilii133- ""'Re: Tlmbertalls
*d*kH,:fi :llhi1ii"H.Hi*i',#iitf d j,'*i*q:ffi
'"0J,m"t,ffi
2'ffi.:til':Hff#q$$fr$i[fl,iHiffi$#il*
/n1rf
_l
'ill'11
75 south lronlage road
vall, colorado 81657
(303) 476-7000
May 5, 1985
Timberfal ls Corp
Ron Ri1ey, President
228 Bridge Street,Vail. Colorado 81658
Dear Ron,
I have revjewed the topographic
along with the zon'i ng analysis
0ctober of 1984.
A- I : ::91
of f lce of communlty development
map of the Tim.berfal I s parcel ,conrpleted by Peter Jamar in
0ur calculations of buildable area are based on total acreage
minus areas exceeding 40% slope and the 100 year fiood p1ain.
0n this site there are some slopes exceeding 40% that were
man-made. These slopes have not been excluded from buildable
area.
The topograph'i c map that Peter Jannr based hi s .calculations on
has been slightly revised, which results in minor changes to the
devel opment stati sti cs.
The enclosed zoning analysis ref'lects the maximum allowable
development statistics under current zoning, based on the map
completed by Inter-Mountain Engineering Ltd., submitted to us
by Peter Jamar of Berridge Associates Inc.
since;effi
\'{€xzRichaM Pylman
Town Planner
75 south lronlage road
vail, colorado 81657
(303) 476-7000
Z0NING - Low Dens i ty
TOTAL SITE AREA - 7.5
olllce of communlty developmenl
TII.IBERFALLS PARCEL *
Zoning Analysis
l,lultiple Fami ly
acres (326,700 sq.ft. )
FLOOD PLAIN .50 acre
.55 acre40% SL0PE
T0Tf,L BUTLoABLE AREA - 6.45 acre
ALLOT{A8LE # OI,,ELLI|{G UNITS - 58.86**
ALLOWAELE GRFA - 85,464 sq. ft.
ALL0ll qLE SITE C0VERAGE - il4 ,345 sq. ft.
LANDSCAPE REQUIREI'ltNl - 130,680 sq.ft.
GUARANTEE
Insurance Company
YOU FOR YOUR ORDER
OMPANY
EB AUC 121se1
LAND rrl"u
Representing Titte
THANK
of Minnesota
JuLy 24, 1-991
Our Order:
BUYER/OWNER:
SELLER:
ADDRESS:
,/
/
P4TER JAMAR
/DELIVER TN BUILDINGI
l- Attn:
RON RILEY
228 BRIDGE ST.vArL, co 81658
l- Attn:
v17226
TBD
TIMBER FALLS ASSOCIATES,
PARTNERSHIP
METES AND BOUNDS
A COLORADO GENERAL
AM PM
HORTH 303 476-225r
PTCKED UP FOR DELIVERY
COVENANTS ATTACHED
FOR TITLE QUESTIONS CALL
FOR CIOSING QUESTIONS CALL
NO
MINNESOTA
TITLEA
HOME OFFICE
3033 East First Ave.,Suite 600
Denver. CO 80206
P. O. Box 5440
Denver, CO 80217
321-1880 / FAX 322-7603
ADAMS
9101 Harlan, #100
Westminster, CO 80030
427-9353 I FAX 430-1572
AMPAHOE
7700 E. Arapahoe Rd., #150
Englewood, CO 801 12
770-9596 i FAX 290-9040
ARVADA
5440 Ward Road, #200
Arvada. CO 80002
424-0241 / FAX 423-1355
BETHANY
1 1059 E. Bethany Drive
Aurora, CO 80014
750-17'17 / FAX 750-5412
EAST
3300 S. Parker Rd., #105
Aurora, CO 80014
751-4336 I FAX745-2669
Commitment To lnsure
lsued through the 0ffie of:
FIDDLERS GBEEN
6400 S. Fiddlers Green
Englewood. CO 80111
771-4539 / FAX 771-4526
HAMPDEN
8821 E. Hampden. #100
Denver. CO 80231
750-4223 I FAX 750-4267
JEFFERSON
710 Kipling, #202
Lakewood. CO 80215
232-31 1r i FAX 238-2955
SOUTHWEST
3609 5. Wadsworth, #1 15
Lakewood, CO 80235
988-8s50 / FAX 980-8324
YOSEMITE
3600 s. Yosem;te, #255
Denver, CO 80237
694-2837 / FAX 843-0402
BOULDER
2425 Canyon Btvd,, #230
Boulder, CO 80301
41t44101 I FAX 786-U23
LAT{D TITLE
GI.ARANTEE
P. O. Box 357
108 S. Frontage Rd. W.
Vail, CO 81658
47 6-2251 lDirect 595-96 1 3
F^J( .4754534
BRECKENRIDGE
P. O. Box 2280
200 North Ridge
Breckenridge, CO 80424
453-22s5 I FAX 453-6014
CASTLE ROCK
512 Wilcox
Castle Ro(k. CO 80104
688-6363 / FAX 688-0143
COLORADO SPRINGS
102 5. Tejon, #100
Colorado Springs, CO 80903
634-4821 I Dircct 595-41 I 3
FAX 634-3190
PARKER
19590 E. Main 51.. #105
Parker, CO 80134
841-4900
VAIL
P. O. 8ox 357
108 S. Frontage Rd. W.
Vail. CO 81658
476-2251/Direct 595-961 3
FAX 476-4534
AGENTS
DURANGO
1201 Main Avenue
Durangg CO 81303
247-5860 / FAX 247-9089
,T
oALTA COMMTTMENT
SCHEDULE A
Application No. VI7226
For Information only
METES AND BOUNDS
- Charges -AL'Aowne'-n1ti3{o,,- - 3l3i:33
With your remittance please refer lo V77226.
1. Effective Date: July 12 , L99] at B:0O A.M.
2. Policy to be issued, and proposed Insured:
rrALTArr Owner's PoIicyl-987 Revision (Arnended 1990)
Proposed fnsured:
TBD
3. The estate or interest in the land described or referred to inthis Conrnitrnent and covered herei-n is:
A Fee Sinp1e
4. Tit1e to the estate or interest covered herein is at theeffective date hereof vested in:
TIMBER FALLS ASSOCIATES, A COLORADO GENERAL PARTNERSHIP
5. The land referred to in this Comrnitrnent is described asfollows:
A PARCEL OF I,,AND SITUATED IN THE SOUTH ONE-HALF OF SECTION ].2,
TOI,TINSHIP 5 SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCTPAI,
MERIDIAN, TOWN OF VAIL, EAGLE COUNTY, COLORADO, SAID PARCEL
BEING MORE PARTICUI"ARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LoT 5, BIGHORN
SUBDIVISION FOURTH ADDITION; THENCE ALONG THE SOUTH LINE OF
SAID SUBDIVISION THE FOLLOWING TWO COURSES:
],. SOUTH 67 DEGREES OO MINUTES OO SECONDS EAST A DISTANCE OF
248.00 FEET
2. SOUTH 82 DEGREES OO MINUTES OO SECONDS EAST A DISTANCE OF
PAGE 1-
o
.nALT COMMITMENT
SCHEDULE A
Application No. VL7226
90. OO FEET
THENCE LEAVING SAID SOUTH LINE, SOUTH 31 DEGREES 35 MINUTES 25
SECONDS WEST A D]STANCE OF 456.1-9 FEET; THENCE SOUTH 39 DEGREES42 MINUTES 33 SECONDS WEST A DISTANCE OF ].37.91 FEET; THENCE
SOUTH 62 DEGREES 22 MINUTES 36 SECONDS A DISTANCE OF L77.1.7
FEET; THENCE NORTH 33 DEGREES 44 MINUTES 58 SECONDS WEST A
DISTANCE OF 502.26 FEET TO A POTNT ON THE EAST I,INE OF LOT ].,
BTGHORN ESTATES; THENCE NORTH 33 DEGREES 36 MINUTES 0o SECoNDS
EAST AI,ONG SAID EAST LINE A DTSTANCE OF 358.13 FEET TO A POINT
ON THE SOUTHEASTERLY R]GHT OF WAY LINE OF NUGGET LANE; THENCE
ALONG SAID RIGHT OF WAy, 84.99 FEET AIONG THE ARC OF A 65.00
FOOT RADTUS CURVE TO THE LEFT WHOSE LONG CHORD BEARS NORTH 55
DEGREES 10 MINUTES 32 SECONDS EAST, A DISTANeE OF 79.06 FEET TOA POrNf OF TANGENCY; THENCE CONTINUING ALONG SArD RIGHT oF WAV
NORTH 18 DEGREES 43 MINUTES OO SECONDS EAST A DISTANCE OF 4B.31
FEET TO A POINT ON THE SOUTH LTNE OF SAID BTGHORN SUBDTVISTON,
FoURTH ADDTTION; THENCE ALONG SAID SoUTH LINE, SoUTH 64 DEGREES
30 MINUTES OO SECONDS EAST A DISTANCE OF 50.80 FEET; THENCE
CoNTTNUING ALONG SAID SOUTH LINE, SOUTH 5t DEGREES 00 MINUTES
OO SECONDS EAST A DISTANCE OF 155.00 FEET TO THE POINT OF
BEGINNING.
PAGE
SCHEDULE B-1
(Requirenents) Application No. Vt"72Z6
The following are the requirements to be cornplied with:
l-. Payment to or for the account of the grantors or mortgagors ofthe ful1 consideration for the estate or interest to be
i.nsured.
2. Proper instrument (s) creating the estate or interest to beinsured must be executed and dufv filed for record, to-wit:
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN
ADDRESSES ON DOCUMENTS SENT FOR RECORDTNG! !
o
ALTA COMMITMENT
PAGE 3
o
ALTA CO}1 I{ITMENT
SCHEDULE B_2
(Exceptions) Appli-cation No. Vl.7226
The policy or policies to be issued will contain excepti-ons to thefollowing unless the same are disposed of to the satisfaction ofthe Company:
1. Standard Exceptions 1 through 5 printed on the cover sheet,
6. Taxes and assessments not yet due or payabJ-e and specialassessnents not yet certified to the Treasurer' s office.
7. Any unpaid taxes or assessments against saj-d 1and.
8. Liens for unpaid water and sewer chargies, if any.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SA},IE BE FOUND TO PENETRATE OR INTERSECT THE PREMISESAS RESERVED IN UNfTED STATES PATENT RECORDED November 17, L9O2, IN BOOK 48AT PAGE 492.
10. RTGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED November 17,I9O2, IN BOOK 48 AT PAGE 492.
11. EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANITATION DISTRICT IN INSTRUMENT
RECORDED JUNE 13, L973 TN BOOK 229 AT PAGE 550 AND 551.
12. EASEMENT AND RIGHT OF WAY FOR GORE CREEK AS IT AFFECTS SUBJECT PROPERTY.
13. PEDESTRIAN AND EQUESTRTAN EASEMENT 1-5 FEET IN WIDTH ALONG THE SOUTHEAST
BANK OF GORE CREEK AS RESERVED IN DEED RECORDED APRIL 3, 1968 IN BOOK 2L2
AT PAGE 637.
14. EASEMENT AND RTGHT OF WAY 20 FEET TN WTDTH AI,ONG THE NORTHERLY SIDE OF
SUBJECT PROPERTY AS RESERVED IN DEED RECORDED FEBRUARY 26, ]-965 IN BOOK 188
AT PAGE 113 FOR USE OF PEDESTRIANS AND EQUESTRIANS AND PERSONS USTNG MAIN
GORE CREEK FOR FISHING PURPOSES.
15. RESERVATION OF A TEN PERCENT NON-PARTICIPATING ROYALTY AS RESERVED TN DEED
RECORDED NOVEMBER 2, 1962 IN BOOK 166 AT PAGE 407.
l-6. A DEED OF TRUST DATED February 20, l-985 FROM TfMBER FALLS CORPORATION, A
COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF
FIRSTBANK OF VAIL TO SECURE THE SUM OF $75O,OOO.OO, AND ANY OTHER AMOUNTS
PAYABLE UNDER THE TERMS THEREOF, RECORDED February 27, L985t IN BOOK 407 AT
PAGE 255.
PAGE 4
--.-l " --...- . ..:*r::- ..--.-:*.-.; *{-
ALTA COMMITMENT
SCHEDULE B-2
(Exceptions) Applicati_on No. VL7226
SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDEDFebruary 27, 1985, IN BOOK 4O7 AT PAGE 256.
EXTENSION AGREEMENTS TN CONNECTTON WITH SATD DEED OF TRUST RECORDED MARCH26, 1986 IN BOOK 438 AT PAGE 788, MARCH 30, 1987 IN BOOK 460 AT PAGE 47,
AND APRIL 2],, 1988 IN BOOK 482 AT PAGE 623.
17. A DEED oF TRUST DATED June l-5, !989 FROM TIMBER FALLS ASSOCIATES, A
COLORADO GENERAL PARTNERSHIP TO THE PUBLTC TRUSTEE OF EAGLE COUNTY FOR THE
USE OF FIRSTBANK OF VAIL TO SECURE TfiE SUM OF $49O,OOO.OO, AND ANY OTI{ER
AIV1OUNTS PAVABLE UNDER THE TERMS THEREOF, RECORDED June ].9, l.989, TN BOOK
5OB AT PAGE 306.
sArD DEED oF TRUST WAS FURTHER SECURED IN ASSIGNMENT oF RENTS RECoRDED JuneL9, 1989, IN BOOK 5O8 AT PAGE 307.
SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDEDJune 19, 1989, fN BOOK 5OB AT PAGE 3O9.
18. DEED Of TRUST DATED June 15r 1989, FRoM TfMBER FALLS ASSoCIATES, A COLORADO
GENERAL PARTNERSHIP TO THE PUBLIC TRUSTEE OF' EAGLE COUNTY FOR THE USE OF
TIMBER FALLS CORPORATION, A COLORADO CORPORATTON TO SECURE THE SUM OF
$703.200.oo RECoRDED June l-9, 1989, IN BOOR 5Og AT PAGE 3OB.
SUBORDTNATION AGREEMENT IN CONNECTION WTTFT SAID DEED OF TRUST WAS RECORDEDJune 19, 1-989, IN BOOK 5OB AT PAGE 309.
PAGE 5
O o
LAND TITLE GUARANTEE COMPANY
DTSCLOSURE S?ATEMENT
Reguired by Senate Bill 91-14
A) The subject real property may be located in a special taxingdistrict.
B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained fron the County Treasurer or the CountyTreasurer's authorized agent.
C) The information regarding special districts and the boundariesof such districts may be obtained from the Board of CountyComrnissioners, the County Clerk and Recorder, or the County
Assessor.
'a'|
f,-
+ts Jt"- ,Trr'' r-*#ftd "d*'g-wQ
PUBLIC NOTICE
NOTfCE fS HEREBy GIVEN that the Planning and Environmental
Commission of the Town of Vail- will hold a public hearing in
accordance with Section L8.66.060 of the Municipal Code of the
Town of vail on Septenber 9' 1991 at 3:00 p.m. in the Town ofVaiI Municipal Building. Consj-deration of:
1. A request for a front setback variance for the Krediet
Residence, 224 Eorest Roadllot 1L-A' Block 7' Vail Village
First F11ing.Applicant: John Krediet
2. A worksession to consider rezoning Lots 3 through 9 and 12,
Vail Meadows Filing No. 2 from Agricultural and Natural Open
Space to Residential Cluster.Applicant: VaiI CiLy Corporation and David Elmore
3. A requesL for a major subdivision and a Special DevelopmentDistrict for an unplatted 7.5 acre parcel generally locatedeast of Nugget Lane and South of Gore Creek Drive.
n**1.:.'!,!.,rr\,q*u. Timberfalls Association
4. A reguest for a setback variance for the Vlaar Residence,
2963 Bellflower Drive/Lot ?, Block 5, Intermountain.Applicants: Hans and Mia V1aar
Information on the listed items is available at the Comrnunity
Development office in the Vail- Municipal Building durinq regular
office hours.
TOWN OF VATL
COMMUNITY DEVELOPMENT
Published in the Vail Trail on AugusL 23' I99L.
Q*r t'as-r2,
(
Cara Beutel
c/o Harding & Carbone
4635 SW Freeway, *750
Houslon, TX 77027
Lawrence C. Harris
P.O. Box 17'14
Roswell, NM 88202
Robert F. Faickney
142 Oyster Creek Drive
Lake Jackson, TX 77566
E|len M. Christianson
P.O. Box 81
Sedalia, CO 80135
Stuaft and Christine Allen
2338 Holly Street
Golden, CO 80401
Thomas Morgan
David Richardson
436 Humboldt Str€et
Denver, CO 80223
Bank of the West
P.O. Box 1000
San Jose, CA 95108
Rich Phelps
U.S. Foresl Service
P.O. Box 190
Minturn, CO 81645
Town of Vail
Fire Depanment
Town of Vail
Police Department
Public Service Company of Colorado
P.O. Box 430
Minlurn, CO 81645
U.S. West
13100 E.39lh Avenue
Denver, CO 80239
Virginia M. Lindseth Anthony and Chrisline Ashmore Holy Cross Electric Associalion
2714 Le'rghton Road Kentucky Fried Chicken Company P.O. Box 972
Shaker Heights,OH 44120 P.O. Box 368 Avon, CO 81620
McAlester, OK 74501
Fred and Suzanne Boettcher Upper Eagle Valley Water District Heritage Cablevision
P.O. Box 1588 846 Forest Road P.O. Box 439
Ponca City, OK 74601 Vail, CO 81657 Avon, CO 81620
Donald and Anne Graubart Town of Vail
1000 Louisiana Streel, #5800 Public Works Departmenl
Houston, TX 77002
PROJECT hiO.
NoVEMBER.l3;3:63
197.3
ffiE AUo 12,|991
TIMBER FALLs CoI.IooIIIINI UM
PRo.J EcT
VAl L
EAGLE COUNTY, COLORADO
TAtsLE OF CONTENTS
0Or.rct-us tol.rs
sooP E
PROPOSED CONSTRUcT IoN
Fl euo lNvESrl cArroN
LABORATORY Iruvesrt GAT IoN
SuBsunrRce Conol rloNS,\
Dl Scuss t otr
DEgI EN AND CONISTRUCTT ON DETA I
00N$rnucr t oru | rusp ecr r oru
TE$T BoR I NG LocAT I cN PLAN
TEST BORING LOGS
TEST BONTNG LOGS.LEGENO ANO NOTES
SWSI"U-COI.ISOLI DATI ON TEST RESULTS
LABOaaTOnY TEST RESULTS
LS
FI GURE
F I GURE
FI GURE
F I GURE
TABLE
No. 1
Nos. 2 ANo
.,No. . 4
Nos. 5 AND
No. 1
3
o
Se*dsgr$ee
401O HABBOR PLACE. COLORADO SPRtNGS, COI.ORAOO 8os1'
. 303/ 596-7647 . .
€.
Soil & Fo';i:riulion
Engineering
..".'...'.
.:i..,'Corctus t orvs
j':
' ;''
:::
t) lr oun oplNloN, THE pRoposED srRUcruREs sHour-o ee.lsJppoRTED- 9Y SPREAD FOOTTNG FOUNDATIONS PROPORTIONED TOR]A'MAXIMUM _
ALLOIIIABLE BEANTNG PRESSURE Or 2JOO PSF. AUU TOUruOATIONS
SHOULD BEAR ON THE STRATA CONSI!rIr.rC OF EI THER
"iOIUN,ri:--
2)
5) FILL usED FoR suppoRT oF FouNoATtor.rs eruo/onSHOULD BE APPROVED BY THE SOIL ENGTNE€R ANDpAcrEo ro AT _LEAsr 9SF oF MAXTMUM STANoARoAltD tvt THI N Zft oF oprtMUM Mot sruRE ooNTENT,
DENSE sl LTY To OLAYEY sANDs oR MEol uM DENsE sANo AND...GRAVEL.
T,,E vppERMosr LA'ERS oF soF, ,o "rDl uM srr FF, sANDy 'To. vE"ygANDY CLAY OR LOOSE CLAYEY SAND ARE NOT CONSIOERED..TOi.gEVgRY COl,IP'E T EN T MA TER I A L S Fo R SUP Po R T oF Fo UNDA r I oIIri+,id,F-}iit.r.:FouNDATloNs r"tusr BEAR oN THEsE MATERtALsT.THE oesteru cRlTERtAsHoulD ee cofrmrENr r,il TH THE covtaerurs cor.rriir,riJ-i* rrts REpoRT.
3) lru soue AREAS, tr MAy BE DESTRABLE To uNoeRcur rHE REL'AT|vELysoFTr CLAY STRATA FRoM BENEATH FouNoATtoN LEVELs ANo.suppoRTTHE FOUNDATIONS 8Y COMPACTED STRUCTURAL FlLL. FOUNOATIONSSUPPORTED 8Y COt!'IPACTED STRUCTURAL F I LL SHOULD BE pnOpOnf iONEOFoR A MAX I r'luM ALLOIVABL€ BEAR I Nc pREssuRE oF z5oo psF. .
tl, Atu rour.oATroN *ALLs sHouLo BE *ELL RErNFoRceo, Top ANogo710u.
5t TgE ruarunAL sotts eruo/on rHE NEu/ FrLL wrLL BE sATrsFAcroRy. TO SUPPORT THE GROUNO FLOOR SLABS, IF DESIRABLE.
FLOOR SLABS
SHOULD SE. COM-
PRocToR DENSI TYpen ASTM 0-598.
7) $osr oF THE soFT, ovERBURoEN cLAys 'RESENT AT THrs strEIIAY PROVE TO SE OIFFICULT MATERIALS TO USE FOR COMPACTEO'STttucruRAL FILL. lT ls succEsTgo rHAT THESE solLs BE usEoFon rrlu rN LANDscApEo AREA' oR rN THE A'ALAN.HE coNTRoLEU9AN Kl,lEN TS.
8t' lr l s REcor,rMgNoED THAT A suBsuRFAcE oRAtNAGE sysrE' BEPLACEO AROUNO ALL BASEMCruT ENO,/ON GAROEN LEVEL AREAS, ASDISCUSSEO IN THE TEXT OF TH]S REPORT.
a PRO.JEcT
PAGE 2
No. '16l
9) PREsENT GRouND wATER coNDtrtoNS ARe sATtsFAc.ToRy'coNsTRUcTlofJ, I F DESIRED. lT sHouLD BE cAUTIoNED
GROUND IVATER LEVEL COULO VARY CONSI.DERABLY I N THI
DIFFERENT SEASONS OF THE YEAN.
10) Tvpr 1 cErlENT frAy BE usED tN ALL coNcRETE.
SCOP E
FOR BASEI,lENT
THAT THE
S AREA DURING
THts REPORT PRESENTS THE RESULTS OF A SOIL
tNV€STIGATION AT THE SITE OF THE PROPOSED TIMBER.
MlNtuM PRo,JEcr To BE LooATED oN Lors 1 rHnouen f
AnElr VAtLr Eeere Coururv, CoLoRADo.
THe PURPosE oF THts lNvEsrtcATtoN
SUBSURFACE COND I TI ONS AND TO FORTVIULATE
APPLICABLE TO THE PROPOSED STRUCTURES.
PRoPoSED CoNsrRUcrt oN
lr.t s uNoERsrooo THAT SEVERAL coNDoMtNlufr,r uNlTs $.tlLL BE
CONSTRUCTEO I N THE AREA COVEREO BY TH t S I NVESTT GATI ON. . THE
pRoposED srRucruREs rln LL BE rxnee ( 3) To FouR (4) sron t Es H t cH
urlrH posstBLy soME BAsEMENT eNo/on cARDEN LEvEL AREAS. THE
GROUND FLOORS W]LL BE STRUCTURAL FLOOR SYSTEMS ITITH CRAWL SPACES
BENEATH THEM. CONSTRUCTTON WILL BE PRIMARILY I\IOOO FRAME WI TH
REI NFORCED CONCRETE FOUNDATI ON WALLS.
LOAOS TO BE CARRIED BY THE FOUNOATION SYSTEMS ARE NOT
AVAILABLE TO US AT THI S TII"IE. IT IS STRONGLY RECOMMENOEO THAT
wE BE FURNISHED WITH SPECtFtC STRUCTURAL LOAOTNG OETAILS, INCLUOING
TOTAL LOAOS AT.TCi EREAXDOII'NS FOR LIVE AND DEAO LOADS,..IN ORDER
PRo.rEcr No.'j53
PAGE 3
THAT IVE MIGHT RE-EVALUATC AND POSSIsLY AI"1 END THE CONCLUSIONS,
PARTICULARLY Tl-l E tllAXlrvlUr,4 ALLOIvABLE BEARll.tc PRESSURES CoNTAINEO lN
THIS REPORT. STRUCTURAL LOAOTNG INFOR[4ATtON ldAS REQVESTED ON
octoeen 26, 19?3t ANor As oF THE DATE oF THrs REpoRT, HAs Nor
BEEN SUBMT TTED TO THtS OFFICE.
Ft ELD INVESTI GATIoN
ETcHTEEN (la1 rEST BoRrNGs lvenE DRr LLED AT LocATroNs rN-
" ; ' ij::rli'ili;'OICATEo oN THE TEST BoRING LocATtoN PLAN, FIGURE No. 1..'.THe
BOR 1 NGS ITIERE LOCA TEO I N THE F t ELD BY TAPE MEASURE METHOOS ANO
THEIR L0cATloNS sHouLD Be coNsIDERED AppRoxlMATE oNLy.
THE TEsr BoR I NGs rlrERE DR I LLED Flr rH A 4' o.D. coNT t NUoils
FL I GHT AUGER POT/ERED BY TRUCK MOUI.ITED EQU IPMEI'IT. AT REGULAR
INTERVALS oR AT cHANGES oF MATERtALs, THE AUGER wAS REMOVED
FROM THE BORING HOLE AND SAMPLES WERE TAKEN OF THE SUBSURFACE
, STRATA BY BLOII/S FROLI A 140.r.8. HAMMER FALLI NG A DI STANCE OF
30 lNcHEs. THE NUMBER oF HAMI,{ER BLows REeuTRED To DRrvE Tr-rE sAMpLER
ONE FOOTr OR A FRACTION THEREOFT lS TERMEo rHE pENETRATION TEST.
Tne pENETRATToN TEST RESULTs ARE rNorcATlvE oF THE RELATTvE
. OENSITY OR CONSISTENCY OF THE SOtL STRATA BEING PENETRATEO.
AUGER SAMPLES IVERE.ALSO OBTAINED OURING THE TEST ORILLING
OPERA T I ONS.
Tne loes oF THE TEsr BoRrNGs, rNcLUorNc pENETRATtoN TEsr
RESULTS, ARE PRESENTEo oN FTGURE Nos. 2 eHo J.
, LABoRAToRY INVESTIGATIoN
At-t- sAMpLEs REcovERED By rHE F t
RETURNED To oUR coLoRADo SPRINGs SoI
-,-v PRo.JEcr No.'353
HAGE T}
ELD I NVESTI GATI ON WERE
:: : ,-L LABORATORT ES. THE. SAMPLES
u/ERE THEN cAREFULLy cLAss I F I ED AND A LABoRAToRy TEsrl He pnoe nlrur
t{AS INITIATEO BY THE PROJECT ENGINEEN
LABoRAToRY cLAssIFIcATtoN TEsTS coNSISTED oF
CLASSIFI cATIoN. THE pxvsl cAL cHARAcTERI STI cs IvERE
By pERFoRrat rud urucoNFr NED cof,rpREssr oN, sr,,,ELL-coNr"t,'#tfff
AND NATURAL MO I STURE-DENS I TY TESTS.
At-t r-agonAToRv rESTs uJERE pERFoRillED I N
OR SUGGESTED ASTM PRocEoURES.
LABoRAToRY TEsT REsULTs ARE PRESENTED oN
ANO ARE SUMMARIZED ON TABLE NO. 1.
SuesuarAcE CoNDI TtoNS
SUESURFACE CONDTTTONS AT THIS SIT€ ARE EXTREMELY ERRATtC.
GENERALLY, THtS. AREA IS COVERED BY VARIOUS ALLUVIAL MATERIALS
CONSISTINE PRIMARTLY OF SILTY TO CLAYEY SANDS ANO SANOY CLAYS.
THESE RELATI VELY F t NE GRA I NED SO t LS EXTENDED .7O OEPIXS WTII CFI
VARIEO FROI' APPROXIMATELY rOUN (4) TO SIX (5) FEET BELOW PRESENT
strE GRAoEs. lN soME AREAS (See Tesr BoRtNG NOS. 1aruo 6 rrRbuen
6-c), THE soFTr ALLuvTAL DEpostrs ExrENoEo ro oEprHs wHrcH vARTED
. FRoM TEN (10) ro cREATER THAN EtcHTEEN (1g) reer.
INOS WERE uNoERLAIN
BY ERRATIC STRATA CONSTSTING OF GLACIAL OEPOSITED OR GLACIAL
OUTWASH SANO OR SAND AND GRAVEL. THESE COARSER GRATNED SOILS
vl suAL,., .
a
CONTATNED A SIGNIFICANT AMOUNT OF COBBLES
TEsT BoRING No. 1l pENETRATED AppRoxl
roun (4) FEET oF F t LL MATER I ALs I,rH I cH tvERE
MEDI UM Oa*rr, GRANULAR DEPOST TS.
DUg TO THE PRESENCE OF COEELES ANO BOULOERS WITHIN:ALL :
STRATA ENCOUNTERED, BUT PARTI CULARLY I N THE- MEDI UM OENSC,JENENULAR
ilATERlALsr Mosr oF THE BoRt"a, ,rar,a rERrvilNATgD or."aaoiruaa,
.- r: i.!i....,SHALLOI,J DEPTHS. AT soME BoR I NG LocATI oNs, sEVERAL Ar.re riEr-3l.::.. .
II'ERE MADE'TO PENETRATE TO GREATER DEPTHS AND TH'".O"*IdUE "ET
rE Nos.:. 2
ruaouen 4).
or.ruv orue (1) re sr eoniNe , No. 9, ENcouNTERED GRouND' *ora"..'.''AT_ THE TtMe oF DRtLLT NGr THE GRouND 'JATER TABL€ lvAS
'RESENT
APPROXIMATELY 15.3 rCCT BELOW SITE,GRAOES AT THE LOCATTON OF
TEST BoRtNG No. 9.
Dt scuss I oN
' THE uppERMosr LAyERs oF NAT'RAL sorLs EN..'NTERED ""' ,"a
TEST BORINGS PERFORMED AT THIS SITg CONSISTED PRIMARILY OF SILTY
-t, lTo vERy sANDy cLAys AND cLAyEy sANos. THESE r,,llreRtALs, As sAMpLEo
IN THE F.IELD BY THE TEST BORING PROGRAM, EXHIS'"O. 'O* P'ENETRATTON
TEST RESUITS (sEE TEST BOitr,re Locs, FtcuhE Nos. 2 rxnoucx 4).
LeeoRltony rEsrs pERFoRMED oN THEsE MATERTALs lNotcATED Low,DRy
'DENslrlEsr HlcH NATURAL MotsruRE coNTENTS eno low uNcoNFINED
1 Or*ouror'*o. t.,6.,
Pnee 6
'.-,,.' '. t-. .. ..,;:-.
..'-'l
No. 1 ). Ln.eonnroRy swELL-coNsoLl-
ALLUVTAI- MATERIALS HAVE RELA,TIVELY
coMpRESstvE srRENcrns (sEB TABLE
OATION TESTS REVEALEO THAT THESE
H I GH COMP RE SS I ON CHARACTER I ST I CS
REsuLTs, FtcuRE Nos. 5 nno 6).
BAsED oN THe REsuLTs oF THE FlELD INVESTicartoN nNo LleonAToRy
TESTtNc PROGRAttIT 1T ls ouR oPlNloN-THAT THE UPPERMOST LAyERS
oF SOFT TO MED|uM STtFF, SrLrY To VERY SANDY CLAYS Ar.rOri-Oo5g. I''..':.r '_:
CLAYEY SANDS ARE NOT DESIRABLE FOR SUPPORT 0F:THE B '':.
THE cOMPoSITION AND CONSISTENCY OF THE ALLUVIAL CLAYS AND SANOS. , . ,...'
IS VERY ERRATIC AND FOUNOATlONS BEARING ON THESE MATERIALS COULO
EXPERI ENCE EXCESSI VE OI FFERENTTAL SETTLEMENTS' REGAROLESS T '
'.'...OF THE MAXIMUtut ALLOWABLE PRESSURE USED FOR FOUNDATION DESIGN.
A MoRE sATrsFAccoRy AND DEstRABLE soLUTloN FoR suppoRT dF
rHE STRUCTURAL BUILOING LOAOS WOULD BE TO EXTEND THE FOUNOATIONS
OOTI'N THROUGH THE RELATI VELY SOFT AND COMPRESSI BLE ALLUVIAL SOILS
BEAR ON THE MEDIUM OENSE SAND OR SAND AND GRAVEL STRATA. . TTIIS
MEDt uM oENsE GRANULAR STRATA I s pRESENT ( t t't tuosr AREAS oF THE
strE) AppRoxrMArELy roun (4) ro srx (6) FEEr BELosl:paESEtrT sttE
- GRAOES. . :
'
THe ueoluM oENsE sANo AND GRAVeL srRATAr ouE To rHE BAslc
NATURE OF THIS TYPE OF GLACTAL OR GLACTOFLUVIAL DSPOSIT' MAY
coNTAlN RELATIvELy soFT oR LoosE pocKETs. lF sucH soFT oR LooqE
POCKETS ARE ENCOUNTERED BY FOUNDATION EXCAVATION' THEY SHOULD BE
REMOVED FROfrl BENEATH FOUNOATION AREAS AND TH€ FOOTI NGS SHOULD
TO
1
STEP DOU'N TO BEAR ON MORE COMPETCNT MATERIALS.
, FOuI.IDATI oNS BEAR I NG oN THE MED I UI,,I DENse sAND
GRAVEL STRATA SHOULO BE PROPORTIONED FOR A MAXII.IUM. ALLOTVABLE
.BEARI NG. PRESSURE oF 25OO PSF.
At-u corurlNUous FoUNDATIoN yJAt-LS
. . -: .': :, , :
SHOULD BE WELL REINFORCEDO
:1THE REINFoRctNG sHouLD BE suFFtctENT To ALLory ALL wALLs To HAVE
THE CAPABILITY OF SPANNING A CLEAR.DISTANCE OF
FEET.., :., -i:,,.r*,9.ffii._St:
THE oLD FrLL r,,rATERrALs Er.rcouNTERED lN THE AREA #"t+;;;t-
BoRtNG No. 11 nRE RELATIvELy LoosE ANo uNcoMpAcrEq. THESE MATERIALs
ARE NOT CONSIDEREO TO BE SATISFACTORY FOR SUPPORT OF THE SPREAD
FOOTING FOUNDATIONS. THEREFORE, THE FOUNOAT]ONS IN THIS A'REA
.sHoULDSTEPDo$JNTHRoUGHTHEoLoFtLLMATERtALsToBEARoN
THE NATURALT uNolSTURBEDr MEotuM DENSE sANo AND cRAvEL STRATA.
Txe exacr LATERAL AND vERTTcAL EXTENT oF THE oLD FrLL ENcouNTER€o
COULO NOT BE DETERIYII NEO FROM THE RESUL,TS OF THE ONE (1 ) rCSr
8oRtNGTAKEN|NTH|3AREA.|FMoREDETA|LEol"ro"'Atlo*.|s
. DESIRABLE CONCERNING THE CONSlSTENCY AND EXTENT OF THE OLD FILL
MATERTALS' THEN ADOI TIONAL TEST BORIruES EruO,/OR .TEST PI TS U'tLL
BE REQUtRED.
tu Tre AREA oF TEsr BoRTNG Nos. l ato 6 rnnouer G-C, .
RELATIVELY oEEP LAYERS oF THE soFT, coMpRESslBLE cLAys AND sANos
WERE ENcouNTERED. AT TEsr BoRING No.'l , THE coMpREsstBLE MATERtALs
,.EXTENOSD
TO A OEPTH OF APPROXIMATELY rEr'r (10) rCSr BELOW PNESENT
PRo.rEcr No. 353Pace I
..'
SI TE. GRADES. II.I XHE AREA OF TEST BORl NG
WERE ENCOUNTEREO TO A DEPTH OF EIGHTEEN
MAxlrltur,t DEpTH ExpLoRED. THEnEronE, t N
MATERtois "ouro EXTEND To EVEN GREATER
BY THE TEsT BORTNG LoGS, FIGURE No. 3.
TNE sOrr I',IATERt ALs ENcoUNTERED BY TEST BoR I NG Nos. 5
THROucH 6-C nne PRtN4ARtLY ALLUVTAL MATERTALS wHtcH lvERE,oEpostteo
.- :l ' ,.,':l .'-
AsARESULToFsLoPEoUTf/ASHl1,H|cHHAsFoRMEoALLUvtAL{iiFf;,ft''*j'
i: a1::+;.: r' :fl
I N THI S AREA. THE LATERAL EXTENT OF THESE RELATIVELY.] SO'.7
MATERIALS CAN NOT BE ACCUBATELy ESTt MAiED FROr,,t THE...RESULl? .Or
i:THI S I NVESTI GATI ON. I T I S SUGGESTED THAT ADDI TTONAL TEST,.BORt NGS
BE CONDUCTED IN THIS AREA TO MORE ACCURATELY OgLINEATE THE EXTENT
r''OF THE SOFT. ALLUV I UM. IT IS RECOI,'IIENOED. THAT, THE PROPOSED BUI LD-
INGS.BE RELOCATED AWAY FROM THE ALLUVIAL DEPOSITS SINCE THESE
MATERIALS ARE NOT CONSIDERED TO BE DESIRABLE FOR SUPPORT OF'
. .CONV€NTIONAL SPREAD FOOTI NG FOUNDATIONS,
IN AREAS SUCH AS THAT REPRESENTED BY TEST BoRING NoT 1,.WHERE
RELATIVELY DEEP DEPOslTs oF THE coMPREsstBLE cLAys ARE pRES€NT,
tHe rour,,DATloNs wILL HAVE To sTEp DowN To BEAR oN THE uEDluM DENSE
SAND AND GRAVEL STRATA OR THE SOFT CLAYS SHOULD SE UNDERCUT FROM
B,ENEATH FOUNDATION AREAS AND REPLACED I'JITH COI.iPACTED dTRUCTURAL
'FILL MATERtALs. THE cor,rpncrED srRUcruRAL FtLL sHout-o, bor.rsl sr oF
T,ATERIALS OTHER THAN THE RELATIVELY SOFT CLAYS SINCE THEIR HIGH
MoISTURE coNTENT wILL PRoBleLv pnevENT EcoNo[tlcAL coMpAcTloN.
o
.i
SOFT MATERIALS
wH I cH lrAS THE
PRO.JECT.NO. 36)
APPROVED BY THE SOIL ENGINEER. THE FILL SHOULD BE COITIPACTED .,;
AT LEAsr 9sfi oF r,lAXiluul.1 STANDARD PRocroR DENStTy AND wtrHtN.:
OF OPTII/UNI rvl0l STURE CONTENT. .' , ,
COI,4PAoTED sTRUcTURAL F I LL PLAcEo BENEATH sPREAD FOOTI NG
FOUNDATIONS SHOULD EXTENO OUTIVARD FROI/ ALL EOGgS OF THE FOUNOATIONS
A DISTANCE EOUAL TO AT LEAST TI'/ICE THE THICI(NESS OF THE..F.ILL, ..:..:..;... .
BENsATH rHE EouNoAT roN AREAS. THAr I s, 1F THE rouNOlfib_ftBilaneI .r':'--;::' ' j-
To BE suppoRTED By rHREE (3) rEEr oF co[fpAcrEo FILL, rHEN THE
FtLL sHouLD EXTEND AT LEAsr stx (6) re;r BEyoNo ALL ExrERtoR
EDGES OF THE FOUNOATIONS. TNI S NCCOTTIMENDAT]ON INCLUDES ALL WALL
.6'
FooT|NGsANolsoLATEocoLUMNPADFoUNDAT1oNs..
'FOUN0ATIONs BeARING ON PROPERLY oOMPACTED STRUCTuRAU rIUL
IMATERIALS SHOULO ALSO BE PROPORTIONEO FOR A MAXIMUM ALLOWABLE
BEARI NG PRESSURE oF 2500 PSF, rvH lcH I s rHE SAME MAxlriruM BEARI Nc.
PRESSURE rlrHl CH SHOULO BE USED ON THE NATURALl UNDI STURBEO MEDt UM
DENSE SAND OR SAND ANO GRAVEL STRATA. . ,
IF IT Is ABsoLUTELY NEcESSARY THAT THE PROPOSED BUILDING
FOUNOATlONS BE SUPPORTEO BY THE RELATlVSLY COMPRESSIBLE CLAY
AND'SAND STRATAT THEN t7 lS SUGGESTEO THAT THE FOOTINGS STEP
oolttN so rHAT THERE rlLL BE No MoRE THAN THREE (3) reer oF THE
RELATIVELY SOFT MATERIALS PRESENT BENEATH BOTTOM OF FOUNOATION
ELEVATIONS. ADDTTTONAL TESTING SHOULO Bg CONDUCTEO AT SPECIFIC
BUILOING LOCATTONS TO DETERT\ttNE THE THICKNESS AND COMPRESSIBILITY
CHARACTERISTICS OF THE RELATIVELY SOFT ANO LOOSE ALLUVTAL
Ol,^F r\r,irrL 7,:,...,
.."t ..,
FILL MATERIALS USED FOR COMPACTED STRUCTURAL BACKFTLL SHOULOALL
TO
2%
O pRo,rEcr uo. 3d3ple e 10 ..
: : ..
. .:
.. i -
.MATERiRLS. FOUI,IORTIONS BEARING ON THE CO[lPRESSlBLE SOILS.SHOULD'.BE PRoPoRTloNEo FoR RELATI vELy Lo!1, sorL BEARr NG pHEssuREs. . FoR
coNTl Nuous lltALL TYPE FouNDATloNS, THE FouNDATtoNs sHouLo BE
PROPORTI ONED FOR A MAX I INUM ALLOIVAELE BEAR I NG PRESSURE OF l OOO
I,Uf. ISOLATED SQUARE COLUI,'N PAD FOUNDATIoNS sHoULo BE PRoPoRTIoNED
FOR .A ,.MAxt rvtur,4 ALLor,/ABLE BEAR t NG pREssURE oF Z5O pSF. lr,r at-l cASES,
FOUNDATIONS SHOULD BE PROPORTIONED FOR THE'TOTAL LOAD WHICH YITLL
THIS SITE SHOULO BE USED FOR FILL MATERIALS IN LANDSCAPEO
AREAS 0n | ru THE BERr.,ts REQU I RED FOR rHe RvnLnNcHE CONTROL
CHANNEL.
z) ExTREME GARE sHouLD BE TAKEN DURtNc FouNoATroN €xcAvATtoN
' TO AVOID OISTURBANCE.TO THE BEARING MATERIALS. DUE TO THE
PRESENCE OF MANY'COBgLES ANO BOULDERS t1'ITHIN THE SAND ANO
GRAVEL STRATAT ExCESslvE DTSTURBANCE -TO THE' BEARTNC MATERTALS
BY EXCAVATtoN EQUtpMENT lS A DEFtNt TE pOSStBlLtTy. At-t-.
"'"MOVEO FROM BOTTOM OF fOUr.rOlflOr.r
'. ELEVATTONS' BY HANO TOOLS IF NECESSARY, TO ALLOW FOOTINGS
To BEAR oN uNDtsruRBED, NATuRAL sotLs. . ..".
Aut- BAcKFTLL pLAcEo ADiTAoENT To ExrERroR FouNDATToN wALLs
(l
o,
O ,*orrrr'*o.
TxE e nouruD suRFAcE sHouLD BE Gr vEN A Gooo slopE AllrAy FRoM
THE BUILDINGS ON ALL StoEs To coNTRoL sURFAcE WATER.nuTI-orri
. : ..-.r _.
Siinrece wATER FLowING TouJARDs rHE srRUcruREs FRoM 'up'sLopE .
AREAS SHOULO BE DIVERTED AROUND ANO A}''AY FROM THE BUILOINGS
BY MEANS OF DRAINAGE SWALES OR OTHER SIMILAR: T.,|EEbUiCS': .
':,: t' .Atu exrenfoR FouNDATToNS sHouLD BE pLAcED BELow FRosr oiptn.
.:]
lr rounoet I oNS ARE srEppED DotvN THRoucH THE soFT;. cLAys,
CONSIDERATION SHOULD BE GIVEN TO CONSTRUCTION OF A 9-AFqldENT
,,:r,:.in,1-1ft,.Sl$.:i:LEVEL.. .. . ,'.':.. : ','. ..' .'l , :' '- -'t1; "THE INSULATtoN oF THE INTERIoR FAcE oF THE FoUNDATtoN:.$JALLs.'
$,I THIN AND BELOW THE CRAIVL SPACE AREAS IS SUGGESTEO TO PREVEN'T
EXCESSI VE HEAT LQSS. ': i".
lr f e*or..r'tto. 363PAGE .12. ,
' j'..'- :THE CONSTRUCTIOiI PERIOO ANO NOTING THE CHARACTEFISTICS OF ANY
vAnflifoHs.'" ' :?" ':
TxIs nepoRT, HAS BEEN PREPARED IN oRDgB To AID.It{.THE EVALUA-
TIO}I OF TXIS PROPERTY ANO TO ASSIST THE ARCHITECT OR ETEIHCEN IX''.
THE OESIGN OF THIS PROJECT. IN THE EVENT THAT ANY CrErCdg Til
..-:'-THE OESTGI{ OR LOCATION OF THE'BUtLDtNGS AS OUTLINEO.OR PRESENTEO
...:'tN THtS REPORT ARE PLANNEO, THE QONCLUSIONS AND RECOflTTENOiTIONS
coNTAtNEo rr'r.THts REpoRT ixlr-r- Nor BE coxsroEREo uoaro unLEss rrE
CHANGES ARE REVIET'EO AilO CONCLUSIONS OF THtS REPORT IIODIFTEO OR
APPROVEO IN TYRITING BY THE SOIL ANO FOUflOATIOil EN
THoMAS E. SUHI€RLEE,
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NOTEs HoLE No . z- A DRI LLED APPRox I MATELYSOUTHEAST OF HOL€ NO. 2.
:- ::.i.: HoLE No . 2-B DRl LLED AppRoxlMATELy. SOUTHEAST OF HOLE I,IO. 2.
HoLE NO. 4-A
HoLE No . 5-i\^PPROx
t MOR I LLEO
DR I LLEO
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5.
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HOLE
TI ONAL NO.TESJ
TEST BORING LOGS
HOL E
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5-B auo
EAST OF
4 FOR LEGEND ANO
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SEE Ft GURE NO.
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I-EGEND
LL - snr,ro, st LTy To cleve v, uoiDANU' >I L I Y I(J ULAYEY, LOOSE! LI GHTBRowN To REDDT sH BRotvN. ,' , ..,.
CLAY - slL
CLAY - vERy sANoy, soFT To MEDtuM srlFl
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OCCASI ONAL COBBLES AND: BOULDERS. ,, ' 1:,: j:.:i'iJt::r:'i;:,.:.
I
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lrr L I r rv ULAYLYT MELII UM DENSE, MEDI U Mi.ifircl'$Tt"i TO .vERY MOt ST, BROIi{N, vJt TH GRAVEL ANo OccAsIONAL
I FF, TO SAND-CLAYEY,LOOSE TO l/e o I U|]t DENSE, MED I UM MO t ST iTO rVERy
ll'1 I A'f . ^r' ^^^.^,.. -.. -....'^MoI sr, BRowN To REDDI sH eRbwN , v/l TH oCCA S I ONALCOBBLES AND BOULDERS.
NO TES
il Tne toes snow..,.::,. -. STRATA AT THE
WARRANTEO THAT. CONOITIONS AT
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THOMAS E. SUMMERLEE A CORPORATION
E. SUMMERLEE A CORPORATION FlG. . 5
I
I. This procedure is required for any project that would gothrough the Special Development Oislrict procedure
The application wilr not be accepted until arl inforurationls submitted.
(PLEASE PRrNT OR TYPE) \- ^ , AA. APPLTcANT / it*lap.. fql L y'f(r
^
ADDRESS
PROPERTY
OWNERI8
MAILING
DATE APPLICATION
APPLICATION FORI'I FOR SPECIAL DEVEIpPI.{ENTDISTRICT DEVEIOPT,TENT PIAN
UAILING ADDRESS
V";
REcETVED RS'0 AUO i 21991
onn 9)s- q FP
PHoNE q76- Vt;o
/jr >^*D
nB. ApplrcANrs REpRESENTlgwu |€TT)Z 4r+tqk1-
IGNATURE
DDRESS
c.
D.
E.
II.
92t Mov{
I,OCATION OF PROPOSAL:
srREEr ADDREsS )ttftxtA)7,s Ad{U PUzzo-c - t*r V+g-
LOT_BLoCK_S U B D rV r S r ON FILING
A list of the names of owners of all property adjacent tothe subject property and their naiting addresses.
Four (4) copies of the following information:
A. Detaifed written/graphic description of proposal;
B. An environmental impact report shall be subnitted o thezoning adrninistrator in accordance with Chapter 18.56hereof unless waived by Section 18.56.O3O, exernptproj ects ;
C. An open space and recreational plan sufficient to meetthe demands generated by the developrnent without undueburden on available or proposed public facilities;
D. Exlsting contours having contour Lntervals of not morethan five feet lf the average slope of the slte istwenty percent or less, or with contour Lntervals ofnot more than ten feet lf the average elope of the siteis greater than twenty percent.
E. A proposed slte plan, at a scale not 6mal.ler than oneinch eguals fifty feet, showing the approximatelocat-ions and dinensions of all buildings andstructures, uses therein, and all principal sitedevelopnent features, such as landscaped areas,recreational facilities, pedestrian plazas andwalkways, service entries, drJ.veways, and off-streetparking and toading area6 with proposed contours aftergrading and eite development;
a
F. A preliurinary landscape plan, at a scale not smallerthan one inch. equals flfty feet, showlng existinglandscape featureE to be retal_ned or removed, anishowing proposed landscaping and landscapea ittedevelopnent features, such as outdoor recreationalfacilities, bicycle paths, tralls, pedestrian plazasand walknays, vater features and other elenentl;
c. Prelininary bulldtng elevations, eections, and floorplans, at a ecale not sualler than one-elghth equalsone foot, ln sufficient detail to detemiie floo-r area,gross residentlal floor area, interior cJ.rculation,locations of uses uithln buildings, and the generaiscale and appearance of the proposed developnent.
Iff. Tine Reguirenents
The Planning and Environnental commission meets on the 2ndand 4th Mondays of each nonth. An application with thenecessary accompanying naterial nust.be subnitted four seeksprior to the date of the neeting.
It Ls recomnended that before a Special DevelopnrentDistrict application is submitted, a review and commentneeting should be set up with the Department ofCornnunity Developrnent.
.t .LL5
Application Fees are as follows:
NOTE:
IV.
a. Establlshnent of SDD:
b. Major Amendments:
c. Mlnor Anendments:
$ I ,500. 00
$1,000.00
$ 200.00
,{,t+"t / a^t APPlicatlon fee Paid:
Pro t
-l
f 1nc*: ,*" t/,rlq I check /i /Od 6
If thls appllcatlon requlres a leparate revleu by any J.ocal' State orFederal agency other than the lown of VaII, the appllcatlon fee shall beincreased by $200.00. Exarq>les of cuch revler, nay include, but are notellmlted to: Colorado DepaltrEnt of Btghray Access Permlts, Army Corps of
Engineers {04, etc.
The applicant shall be responslble for paylng any publishlng fees vblchare in excess of 501 of the appllcatlon fee. Af, at the appllcant'stequest. any matter ls postponed for hearlng, causing the tnatte! to bere-published, then, the entlre fee for such re-publlcatlon shal1 be paid
by the applicant.
Applications deemed by the ComounLty Developnent DePariment to haveslgnlficant design, land uce or othet lsgues rhich nay have a signlficant
lmpact on the conmunlty rnay requlre review by consulttnts other than townEtaff. Should a deternlnatl.on be nade by the town rtaff that an outsldeconsultant le needed to revleu eny appllcatlon' the Comnuntty Development
rnay hi,re an outslde consultant, It shall estlmate the amount of money
necessary to pry hlm or her and thls tnount ehall be fonrarded to the
Town by the appllcant at the tlne he fllcs hls appllcatlon wlth the
Community Developrnent Departnent. Opon conpletlon of the review of theapplication by the consultantr lny of the funds forwarded by theapplicant for payment of the consuftant which have not been paid to the
consultant shall be returned to the applicant. Expenses incurred by the
Town in excess of the amount forwarded by the applicant shall be Paid to
the Town by the appLicant within 30 days of notification by the Town.
.-: ,,: i '
(PI,EASE PRINT
DATE RECETVED by
DEPARI]I,TENT
APPI.ICATTON TOR
}TAi'OR AI'BDIVISION REVIEI9
CEAPTER 17.15 VAII.. TIUIIICIPAIJ CODE(lroRE lrEAlf I roTs)
oR TYPE)
zLg qtutou1- 3T.
Bic'! AUG 1 21991COIIIMT'NITY DEVELOPUENT
A.
B.
-t'APPLTcN'rr' ( prbttL (trtu kzgoc .PHoNE 470'c{tSo
I,I,AILING ADDRESS
PROPERTY OT{NER
OTNERIB SICNATI'RE
UATLING ADDRESS
c.IOCATION OF PROPOSAL (STRIET ADDRESS)
Nr92 ?utl*r. 1.xt !& te
LOTS BI-,OCK SUBDIVTSTON
D.
E.
FEE $1,000.00 ptus t2g.90 per Dlarted._1ot.pa
coNsulrArro* *"ou(6$ J"e) (tza"+)
qln'lotIrd-1' -'Check
F.
The first step ls to request a meeting with the zonlngadninistrator to assist the applicant in meeting thesubrnittal requirements and to give the proposal aprelininary review. The applicant should review Section
17.16 of the Subdivision Regulations to becorne familiar withthe review procedures and subrnittal requirements.
SUBMITTAL REQUIREMENTS
1. A list of all adjacent property ordners and theirrnailing addresses (including those behind and acrossthe street). In addition, submit addressed, stampedenvelopes for each of the above.
2. A written statement describing the precise nature ofthe reguest, including the existing situation and the
proposed situation and how the proposal will nake thesubdivision compatible with other properties in thevicinity.
3. A site plan showing the proposed developrnent includingtopography, traffic circulation, useable open space,
landscaped areas, utilities, and drainage features.
4. Title Report verifying ownership and easenents.(Schedules A & B)
5. PRELIIi{INARY PI"AN - SUBMITTAL REQUIREMENTS:
A. At least thirty days prior to the prelirninary planpresentation to the PEC, the subdivider shallsubnit at a scale of one inch eguals one hundredfeet or larger, twelve copies of each of thefollowing (exceptions can be granted on individualitems by the director of public works or thezoning adrninistrator) to the Department of
Comrnunity Development :
I
I
/( lcsa
1. The Environmental Impact Report reguired.
I
i
,tI
2.A topographic survey with a north arrow,graphic scale, dimensioned to nearest footprepared by a Colorado registered landsurveyor, shall be submitted including thefollowing inforrnation :
a.b.
c.
d.
Boundary lines.Prelininary proposed lots and blockswith nurnbers and sizes.
Easernents: location, width and purpose.
Proposed streets, their widths of right-of-way and pavement, approxLrnate gradesin percentage and center line radil- ofcurves: areas with cuts and fillsexceeding six feet and extent thereof.Utilities on and adjacent to the tract,including their type, location, size andinvert elevations of sanitary sewers,storm drainage faeilities and watermains. If utilities are not found onthe tract, distance to, direction of andsize and elevations of the nearestutilities should be indicated.Contour intervals of no less than twofeet if the site is two acres or lessicontour intervals of five feet or lessif the tract is more than two acres,elevations to be based on USGS datum.
Drainage conditions on and adjacent tothe tract including location and extentof water courses, areas of one hundredyear floodplain (verified by aregistered professional engineer inState of Colorado), perpetual drainage
easements and location of naturalsprings and ground water.Existing conditions on adjacent land:
The area within two hundred feet from
each subdivision boundary should belncluded ln the prelininary plan to showits land slop-e percentage, zoning,Iocation of physical improvernents andland uses, owners of said property,division of property into lots, tractsincluding subdivision names and anysignificant natural- features. Theobjective of showing how the preliminary
pLan interfaces with all adjoiningproperties and uses thereof should be
met.fxisting zoning.All areas of forty percent slope orgreater, and avalanche areae IndLcatedas shaded areas.Letters frorn all applicable utility
agencies verifying service.Indications showing that access to thesubdivision is via a maintained public
road.saj,l stebifity analysis.
e.
f.
9.
h.
t.j.
k.
1.
m.
FINAL PI,AT - FJQUIREI.IENTS Al{D PROCEDURE:
A. The subdivider shall subrnit eight copies of thefinal p1at, two or more of which shall be mylars,twelve copies of the final EIR and any additionalmaterial required in this section. The final platshall substantially conform to the preliminaryplan and shall include changes as reguired after
consideration on a preliminary basis by the PEC.
6.
TIMBERFALIS PARCEL
ADJACENT PROPERTY OWNERS
Iot l-, Bicrhorn Estates Subdivision
Cara Beutelcrlo Harding & carbone4635 S.W. Freeway, #75OHouston, TX 77027
Lot 7, Biqhorn Estates Subdivision
Lallrence C. HarrisP.O. Box L7L4Roswell, NI.{ 88202
Lot 4, Bighorn Sub. Fourth Addition
Robert F. Faickney
L42 Oyster Creek DriveIake Jackson, TX 77566
Lot 5, Bighorn Sub. Fourth Addition
5-A
Virginia M. Lindseth
27L4 Leighton Road
Shaker Hts., OH 44120
5-B
Ellen M. ChristiansonP.O. Box 81Sedalia, CO 80135
Lot 9. Bicrhorn Sub. Fourth Addition
Fred L. & Suzanne F. Boettcher Donald lrt. & Anne p. GraubartBox 1588 1OOO Louisiana St., #5800Ponca City, OK 74601- Houston, TX 77OO2
7
Tinberfalls ParcelAdjacent Property Owners
Page 2
Lot 10, Bighorn Sub. Fourtb Addition
10-A
2338 Holly St.Golden, CO 8040L
10-B
Stuart A. & Christine S. Allen Ttromas H. Morgan andDavid B. Richardson
436 Hunboldt st.Denver, CO 80223
Lot 11. Bighorn Subdivision Fourth Addition
Bank of the West Anthony D. & Christine AshmoreP.O. Box 1000 & Kentucky Fried Chicken Co.rs
San Jose, CA 95108 Box 358McALester, OK 74501
Tirnberfalls Condominiun Association
Town of Vail (Nuqqet Lane R.O.W.)
United States Forest Service
United States Forest ServiceHoly Cross Ranger DistrictP.O. Box 190Minturn, CO 8l-645
Tl r,,|een Feuls CoNDoi$t N I uM
P RO..' ECT
VAl L
Eeeue couNTY, cOLORAOO
t,'
sotL &_F0uNDATt0N
TAELE OF CONTENTS
CPHct-us t ous
scoP E
PRoPosED Cofu srnuctt or.l
Ftguo lNVEsrtcATtoN
LABORAToRY I NVEsT I GAT I ON -
SuasunrRce Coruot rtoNS,t
0l9cusst oN
OESI Eru AND COI'JSTRUcTt oN DETAI Ls
CONSTRUoT I oN I NspEcr I oN
TEST BOntNG LOoATIcN PLAN
TEST BORING LOGS
TTET BONING LOGS-LEGEND INO NOTES
SWELL-CONSOLI oATI ON TEST RESULTS
LtBoneronY TEsr RESULTS
Ft euie
Ft GURS
FI GURE
Ft GURE
TABLE
No. .1
Nos. 2 ANo
rNo.. 4
Nos. 5 AND
No. 1
3
i :.:..,i:-,...i . :
f _:- _._-___ _.'i
,1.,ilu,td
: i i: i'r.',:4
303/ 596.7647 :
THE PROPOSED STRUCTURES SHOULD AE:SUPPONTEO .:NG FOUNOATIONS PROPORTIONED FOR ]A'I,IAXII,IUI,I
NG pREssuRe oF 2500 pSF. Auu rouruoATl oNsTHE STRATA CONS I ST ING OF E I THER MEO 1 UM'.cLAyEy SANDS OR
-MEOt
U'u D€NSE SAND AND IGRAVEL.
wELL REINFORCED, TOP AND
6) Fttt useo FoR suppoRT oF FouNoATtoNs ANo/oRSHOULO BE APPROVED BY THE SOtL ENGINESR ANOPACTEo To AT LEAST 95% oF MAXIMUM STANDARoAND rvl rHl n Z/, or oprll,ruru Mot sruRc coNTENT,
6"&nrnErflee
Soil & Foui:dulion
Engineerirg
CoNcLUs! oNs
1) lt'J oun optNtoNr
BY SPREAO FOOTI
I,LLOI'/ABLE BEAR I
SHOULO BEAR ON
DENSE SILTY TO
2)
3t lru soue AREAs' rr MAy BE DEstRABLE To uNoERcur.THE RELATTvELysoFTr cLAy STRATA FRoM BENEATH FouNDATtoN LEVELs nno-iijpp,;;;'THE FOUNDATIONS 8Y COI,,IPACTgD STRUCTURAL FtLL. FOUI.IONTIONSSUPPORTED BY COIdPACTED STRUCTURAL FILL SHOULD EE PNOPOhTIONEDFoR A MAXtT,IUM ALLolvABLE BEAR ING PRESSURE oF 25oo PsF.
4, ALr rouruoATtoN wALLS sHouLD BE
EOTTOM.
5t Tr€ HatunAL sott-s lruo/on THE NEw FrLL wrLL BE sATIsFAcroRy. TO EUppoRT THE GROUN0 FLOOR SLABS, tF DESTRABLE
FLOOR SLAES
SHOULD SE COM-
PROCTOR DENSI TYpen ASTM D-698.
?t s{osr oF THE soFT' ovERsuRoEN cLAys 'REsENT AT THrs srtEIIAY PROVE TO BE OTFFICULT MATERIALS TO USE FOR COMPAC?ED: -.STFUCTURAL FILL. IT IS SUGGESTEO THAT THESE SOTLS Ai UiEOFOR FILL IN LANOSCAPED AREAS OE IN THS AVALANCHE CONTROLEM9ANKII EN TS.
s) tT rs RE..TJMEN'ED THAT A suBsuRFAcE oRATNAGE sysrEM BEPLACEO AROUNO ALL BASEMCTr Ar.rO,/OA GAROEN LEVEL AREAS, ASDISCUSSEO IN THE TEXT OF THtS REPORT.
T*TE uppenuosT LAYERs oF soFT To fuIEDIUM STIFF, sANDY To. VERYSANDY CLAY OR LOOSE CLAYEY SANO ARE NOT CONSiOENEO TOiBEVERY cotulP'ETENT MATERI ALs FoR suppoRT oF FouNDATlqNs.','.',i!li;:;,FouNDATlohls r,tusr EEAR oN THEse MATERtALs, .THE oEslcN cRt TERTAsHouLD ae coilSiSrENr i,rr rH rHE coMMENrs corurninrii-i* ,nr s REpoRT.
40,IO HARBOR PLACE, COLORAOO SPRINGS" COLOFIAOO 8O91;
9) PnEsErur GRouND TJATER coNDt rloNS ARE sATt sFAcroRy. 'coNsrRUcrtoN, I F DEst RED. lT sHouLo BE cAUTt oNEo. GROUND $IATER LEVEL COULO VARY CONSI.OERAELY tN THI, OIFFERENT SEASONS OF THE YEAR.
. ,tO) Tvpe 1 cEtreNT uAy BE usED tN ALL coNcRETE.
SCOP E
PRo.tEcr No. "16l
Pace 2
FOR. BASEI.IENT.THAT ..THE
S AREA DURING
THIS REPORT PRESENTS THE RESULTS oF A sotL AND FoUNoATIoN
.'.- .',a -'. .tNV€STlGATION AT THE stTE OF THE PRoPosED TtI,|sen, FaTTS,CoNDo..'-'
Ml Nt uM PRo.JECT TO BE LOCATED ON LOTS '1 rnnOuen 7 t H rHE, BI6HORN
AREI ,. VAIL, io"aa CouNry, CoroRAoo.
THe puRposE oF THts lNvEsrtcATtoN lyAS To DETERMTNE GENERAL.'''-
SUBSURFACE CONOI TTONS ANO TO FORI"TULATE FOUNOATION DESIGN CRITERIA
PROPOSEo CONSTRUcTI oN
lT .ls uNDERsrooD THAT sEVERAL coNooMlNtuM uNtrs wlLL BE
CONSTRUCTEO IN 7HE AREA COVEREO BY THIS INVESTIGATIONI THE
pnoposEo srRucruREs wtLL BE THREE (3) ro roun (4) sroRtEs HtcH
uulrH posstBLy soME BASEMENT nruo/oa GARoEN LEvEL AREAS. Txe
, GROUNO FLOORS WILL BE STRUCTURAL FLOOR SYSTEMS TTIT}I CNNWI SPACES.''''''.
BENEATH THEM. CONSTRUCTION WILL 8g PRIMARILY .WOOO FRAME TVI T}I
APPLICABLE TO TTIE PROPOSED STRUCTURES
REINFORCED CONCRETE FOUNDATION WALLS.
?-
. TaE ToIos To BE GARRIEo BY THE FouNoATtoN sYsTEMs ARE NoT
AVAILABLE TO US AT THIS TIIVIE. IT IS STRONGLY RECOMMENOEO THAT
h'E BE FURNISXSO WITH SPECTFIC STRUCTURAL LOAOING DETAILS, INCLUOTNG
"torAl. LoADs lNci eaEnxDowNs FoR Ll vE AND oEAo LoADsr.-lN.oRDER . .
o PRo.rEcr No. '36 ;lO r zrr 2I al\rc_ t
THAT It/E MIGHT RE-EVALUATE AND POSSI3LY AfuIENO THE CONCLUSIONS,
RES CONTAINEO tN
THI S REPoRT. STRUcTUnAL LoADING INFoRMATtoN tlJAs REQgESTE;:oN
' '' I '
oRT, HAS NOT .
EEEN SUBM I TTED TO TH I S OFF I CE. ', .' .....
FI ELD INVEsTIGATIoN
'1t:.r .'EIGHTEEN (.1E1 TEsT BoRINGs lvERE oRILLED AT LocATloNS.'IN-
DrcATEo oN THE TEST BoRtNG LocArtor{ pLAN, FtcLlRE -;i 't *iiffi
EORINGS TVERE LOCATED IN lHE FTELD BY TAPE MEASURE METHODS AND
THEI R LocATloNs sHouLo BE coNsl oeRED AppRoxrMATE oNLy.
'THE TEsT BoRlNGs wgRE oRILLED lr/lTH A 4'r O.D. coNTtnuoi.ls
FLIGHT AUGER POWERED BY TRUCK MOUNTED EQUIPMEI,.IT. AT RECULIN
INTERVALS OR AT CHANGES OF MATERIALS, THE AUGER IVAS REMOVED
.
FROM THE BORING HOLE ANO SAMPLES WERE TAKEN OF THE SUBSURFACE
STRATA BY BLO$JS FROrlr A 140-r_a. HAMI|ER FALLT NG A OTSTANCE OF
30 | NoHEs. THE r.ruMeER oF HAMMER BLows REeu r RED To DRI vE THE sAMpLER
ONE FOOT, OR A FRACTION.THEREOF, tS TERMED THE PENETRATION TEST.
TaE peNetRATroN TEsr REsuLTs ARe rNotcATtvE oF THE RELATIvE
oENSlrY oR coNSlsrENcy oF THE sorL STRATA sErNG pENETRATE0.
'EST ORI LL I NG
OPERAT IONS.
THE Locs oF THE TEST BoRtNcs, tNct-uotNG
RESULTS, ARE pResgNTEO ON FtcuRE NOS. 2 nruo
PENETRATI ON TEST
?
I,ABoRl,ToRy I NVEsT I GArt oN
ALL 9AMPLES RECOVERED BY THE Ft
.RETURNED TO OUR COLORADO SPRI NGs SOI
'Y'ERE THEN CAREFULLY CLASSIFIEO AND A LABORATORY TESTiNG PROI,PROGRAM :'
WAS I NI TI ATED BY THE PROJECT ENGt NEER...I!' III' IIAIEU UY 'HE PROdEQT ENGINEER ..,
LABORATORY CLASS l FI CATt ON TESJS CONSI STED OF Vt SUII- . ''.
,.
i,
I suAL.., 'e-. v vvr!-r. rIE,L, vr YaSuAL.
CLASSIFICATION. THE PNVSICAL CHARACTERTSTTCS WERE EVAIUii'O
DATIBy p ERFoRra r rud uruco NF r NED cor,rp RE ss r oN, swE11-6o* ro., otiittltslt-
AND NATURAL MOISTURE-OENSITY TESTS.
ALL LABoRAToRy rEsrs rJERE pERFoRrrEo I N
OR succEsreo ASTM PRocEoURESo
Lesonltoay rEsr REsulTs ARE pRESENTED
AND ARE SUMMARIzED oN TaeLe No. 1.
SUBSURFAoE coNDI TtoNS
SUASUNTICE CONDITTONS AT THIS SITE ARE EXTREMELY ERRA?Id.
GENERALL'T THrs. AREA rs coVEREo By vARrous ALLuv'roa "ora"ro,-"'CONSISTING PRIMARILY OF SILTY TO CLAYEY SANDS AND SANOY CLAYS.:
THE'E RELATTvELy FrNE cRAtNED sorLs EXTEN'E' .To o.prHs .wirc".:. ' ... VARIEO.FROI,I APPROXTMATELY rOUN (4) TO SIX (6) FEET BELOW PRESENT
st rE GRAoEs. I N soME AREAS (see Tesr goRt Nc Nos. 1 er,ro 6 txRbucn
6-c)r TltE soFTr ALLuvTAL DEposrrs EXTENDEo To DEprHs wH.rcH vARtEo
rnou rEN ('lO) To cREATER rHAN ETcHTEEN (lg) reer.
In uost cAsEsr THE soFT clAys AND LoosE sANDs *ERE uNoERLAtN.9Y ERRATIC STRATA COT1SISTING OF GLACTAL DEPOSTTEO OR GLACIAL
OUIII'ASH SAND OR SANO ANO GRAVEL. THESE COARSER GRATNED SOILS
ACCORDANCE I'JI TH STANOARD
oN FtGuRE Nos. 5 nnro 6
'coNTAINED A slGNtFlcANT AMouNT oF coBBLEs AND BouLDERs.. ,,.'TESr BONTNG NO. 1i PENETRATED APPROXTMATELY rrrNEE (3) TO
roun (&) FEET oF FtLL MATERIALs rrrHtcH wERE ,N'ERLAt*"r'y ,rre.',' 'i :, . ... .-MEDIUM DENSE, GRANULAR DEpOStTS. . ^ - ,,'- ,, ..
DUE TO THE PRESENCE OF COBBLES AND BOULDERS SJlTHIN ALL
STRATA ENCOUNTEREO' BUT PARTICULARLY IN THE MEDIUM O'""' '."ONULAR-. _.:, ' -r:.; l -r,lATERl ALs, Mosr oF THe BoR I NGs !vERE TeRrvt I NATED AT RELATI vELy'.'
/r - an..- .. ,..if :,.r.''SHALLovJ DEprHs. AT sorirE BoR rNG LocATr oNs, sEvERAL ATTEi\iF'.T.3t:
WERE MADE .TO PENETRATE TO GREATER DEPTHS AND TH',
"ON*'QUE MET
wlTH vARtABLE succEss (ses Tesr BoRtNc Locs, Ft.eune Nos. z
tnaouen 4).
ONLv oNE ('l ) resr eonirue , No.
AT THE TIME OF DRtLLtNG, THE GROUND
APPRoxIMATELY 15.3 FEeT BELoW SITE
TEST BoRtNc No.9.
Dt scuss I oN_-- ,:
. T},8 UPPERMOST LAYERS OF NATURAL SOTLS ENCOUNTEREO BY. THE
TEST BORINGS PERFORM€D AT THtS SITE CONSTSTED PRtMAR!LY OF SILTY
TO VERY SANOY CLAYS AND CLAYEY SANDS. THESE $ATERIALS, AS SAMPLEO
, .tN THE :.: aao Bv THE TEST BORTNG pROGRAMT EXi{r Bt rEO LOW PENETRATTON. _ -., .Ee. evrl'r r\\, rt1vbxAM, ts)(t_tl El IED Low PENETRATIOI
TEST REsuLTs (see Tesr Boit r,rc LoGsr.FtcuhE Nos. 2 rxaouex 4).
LABoRAToRy rEsrs pERFoRMEo oN THESE MATERTALS INDTcATED Low oRy
oendtT|Es.'HlGHNATuRALMo|sTUREcoNTENTsn,ruo.t.owUNcoNF|NED
I
..
"AQ
.t
coMpREsst vE srRENcrHS (sEE TABLE No. 1). Ll.eoRnroRy swELL-corusor-t-
DATION TESTS REVEALEO THAT THESE ALLUVIAL MATERIALS HAVE RELATIVELY
HlcH coMpRESSloN cHARAoTERt sTtcs (see STvELL-CoNsoLtoATtoNi)TEsT
REsuLTs, FtcuRE Nos. 5 lruo 6) .
. BAsEo oN THE RgsuLTs oF THE FtELo tNvEsricartor'r ANo LABoRAToRy
' " ''r:. :i
THe coMposlrloN ANo coNStsrENcy oF THE ALLUvtAL cLAys AND SANDS
IS VERY ERRATIC ANO FOUNOATIONS EEARING ON THESE MATERIALS COULD
EXPERI ENCg EXCESSI VE DI FFERENTI AL SETTLEMENTS, REGAROLEgS f -
OF THE MAXIMUtut ALLOWABLE PRESSURE USE0 FOR FOUNDATION DeSlGN.
A mone sATtsFAcfoRy ANo oEstRABLS soLUTtoN FoR suppoRT oF
THE STRUCTURAL BUILDING LOAOS WOULO BE TO EXTENO THE FOUNDATIONS
DOWN THROUGH THE RELATIVELY SOFT ANO COMPRESSIBLE ALLUVIAL SOILS
BEAR oN THE MEDIUM DENSE sANo oR sAND ANo cRAvEL srRATA. .THls
MEDI uM oENsE eRANULAR STRATA t s eREsENT ( lx uosr AREAS oF THE
slrE) AppRoxrMArELy roun (4) ro stx (6) FEET BELow pREsENT strE
TO
GRAOES.
Tue ueotuM oENSE sANo ANo cRAvEL srRATA, DUE To rHE BAstc
N.ATURE OF THIS TYPE OF GLACIAL OR GLACIOFLUVTAL DEPOSIT, MAY,
coNTAtN RELAT|vELy soFT oR LoosE pocKETSr lr'sucn soFT oR LooqE
I'POCKETS ARE ENCOUNTERED BY FOUNOATTON EXCAvATtON, THEY SHOULD BE
REMOVEO FROII BENEATH FOUNOATION AREAS ANO TH€ FOOTINGS SHOULD
r. -.,,,-...,^:- ---.- . , :-.
PRO.JEcT
..! ^ ^- atrr\('e /
!
tIIII
I)
gTEP DOY/N TO BEAR ON MORE COMPETENT MATERIALS. . ..'
'
. FouruoRrroNs BEARr NG oN THE Me Drur,1 oENsE sANo oR sAHo,'ANo
CRAVEL STRATA SHOULO BE PROPORTIONED FOR A MAXTMUM ALLOWABLE
BEARTNG'pRESsURE oF Z5O0 pSF
Auu coNTI NUoUS FoUNDATIoN V,JALLS sHcULD BE IvELL REINFoRcEo.
THE REI NFoRct NG sHoULD BE SUFF IcI ENT To ALLoI'] ALL wALLs To HAvE
THE CAPABILITY OF SPANNING A CLEAR-DISTANCE OF AT LEAST SICTIT (B)
F E E T.
,, ,,r"#*jyri.,' j _i- r'irf'"i .' r'ri
THE OI.O FILL [,IATERIALS EIICOUNTERED IN THE AREA OF TEST
BoRlNG, No. 11 Rne RELATT vELy LoosE ANo uNcoMpAcrED. THEsE MATERTALs
ARE NOT CONSIDERED TO BE SATTSFACTORY FOR SUPPORT OF THE SPREAO
FOOTING FOUNDATIONS. THEREFORE, THE FOUNDATI.ONS IN TH!S NREI- " "''- 't"*^
. SHOULO STEP DOI'I'N THROUGH THE OLD FtLL MATERTALS TO BSAR ON ..'
THE NATURALT uNolsTURBgDr MEotuM oENsE sAND AND GRAVEL srRATA.
THE ExAcT LATER,AL ANo vERTIcAL EXTENT oF THE oLD FtLL ENCoUNTEREo
COULD NOT BE DETERMINED FROM THg RESULTS OF THE OT.TE (1) TEST
BORING TAKEN IN THlS AREA. IF MORE OETAILgD tNFORhIATtON IS
. DESIRABLE CONCERNING THE CONSISTENCY ANO EXTENT OF THE OLO FILL
MATERIALSI THEN AOOI TIONAL TEST BORIruES ArVO,/OR T€ST PI7S IUTLL
BE REQUIRED.
lN rHe AREA oF TEsr BoRtNc Nos. l Ano 6 rxnoueri 6_c,
RELATIVELY DEEP LAYERS oF THE soFTr coMpREsstBLE cLAys ANo sANos
T'ERE ENCOUNTEREO. AT TEST BORING NO. 1, THE COMPRESSIELC UETCNIII.S
.EXIENOEO TO A OEPTH OF APPROXIMATELY rCH (10) FEET BELOII' PRESeNT
'
o
P RO.J E cT
Pre e..8
.:
No.363
CH
SITE GRADES. IN xHE AREA oF Tgsr BoaING No.6, rne soFT MATSRIALS
WERE ENCOUNTEREO TO A DEPTH OF EIGHTEEN (18) rCEr, WHICH !'AS THE
MAXIIlIUId DEPTH EXPLORED. TNgRCTONC, IN THtS AREAT.THE SOFT.'....'.'.
MATERTALS COULD EXTENo TO EVEN GREATgR OEpTHS THAN THAT .f NDTCATED
BY THE TEST BORTNG LOGS, FTGURE NO. 3.
Tne sorr I$ATERIALs ENcoUNTEREo BY TEST BoRING Nos. 6
THROUGH 6-C ens PRI[lARILY ALLUVIIi ',nreatALs WHIcH ITERE D.EPostTED
As A REsuLT oF sLopE ourr,/ASH !,,rHtcH HAs FoRMEo er-luvteu,fiXfi+f,
lN THls AREA. THE LATERAL EXTENT oF THEsE RELATIuTaV soFT .
MATERIALS CAN NOT BE ACCURATELY ESTIMATED FROI,'T THE.. RESULTS OF
THl s l NvEsTl cATl oN. l T l s suGcEsTEo THAT Aoot TloNAL TEST -BoRI NGS
j
BE CONDUCTED IN THTS AREA iO MONE ACCURATELY DgLINEATE THE EXTENT
OF THE SOFT-ALLUVI UII . I T I S RECOI.II.IENDEO THA7. THE PROPOSED BUI LO.
INGS.BE RELOCATED AWAY FROM THE ALLUVIAL OEPOSTTS STNCE THESE
MATERIALS ARE NO7 CONSIDERED TO BE DESTRASLE FOR SUPPORT OF.
. GONVENTIONAL SPREAD FOOTING FOUNDATTONS.
IN AREAS sucH As THAT REPRESENTED BY TEST BoRING NoT 1,.'WHER€
RELATIVELY OEEP DEPOSTTS OF THE COM,PRESSIBLE CLAYS ARE PRESENT,
.THE FOUNDATTONS TYILL HAVE TO STEP DOWN TO 8€AR ON THE MEDTUM OENSE
SAND AND GRAVEL STRATA OR THE SOFT CLAYS SNOUTO BE UNOEECUT FROM
B.ENEATH FOUNDATION AREAS ANO REPLACEO f.IITH COMPACTEO STNUCTUNEL.'''' Fl LL MATER!ALs. THE corrrpAcTEo srRUcruRAL Ft LL sHouLD, coNst sr oF
LY soFT cLAYs stNce rxEtR:xl
uotsTuRE CONTENT wILL PRoBteLv pnevENT EcoNo[ttcAL coMpAcrloN.
ALL
'.d
' Plo
No. 363
F I LL MATERt ALS USED FOR COillPACTED STRUCTURAL BACKFILL SHOULO
APPROVED BY THE SOIL ENGINEER. THE FILL SHOULD gE COiltPACTEO
AT LEAST 95fr OF r.tAXlrlr ur.l srer.loeRo PRocToR DENSITy AND wlTHlN
OF OPTlr,'lUtlt [nOlSTURe CONTENT
CoMpAcrED srRUcruRAL FILL pLAcio BENEATH .spREAD FooTlNG
FOUNOATIONS SHOULD EXTEND OUTI,YARD FROI/ ALL EDGES OF THE FOUNOATIONS
FtLL SHOULD EXTEND AT LEAST StX (6) TCET BEYOND ALL EXTERIOR
.
EOGES OF THE FOUNOATTONS. TntS neCOil4rvlENDATlON tNCLUOEg ALL WALL
FOOTINGS ANO TSOLATEO COLUMN PAD FOUNDATIONS. . . ,.
FOUN0ATIONS EEARING oN PRoPERLY coMPAcTED STBUcTUFAL FILL
MATERIALS SHOULO ALSO BE PROPORTTONED FOR A MAXTMUM ALLOWABLE
BEARING PRESSURE OF 2500 PSF, wnICH lS THE SAME MAXIUTUM BEARTNG...
PRESSURE IT'HI CH SHOULO BE USED ON THE NATURAL, UNDI STURBED MEDI UM
DENSE SAND OR SAND AND GRAVEL STRATA, ..
lF lr ls ABSoLUTELY NEcESSARv rHAT THE pRoposEo sutLotNc
FOUNDATIONS BE SUPPORTED BY THE RELATTVELY COMPRESSTBLE CLAY
ANO'SANO STRATA, THEN tT tS SUGGESTED THAT THE FOOTtNGS.STEP l
pou,N so THAT THERE $'tLL BE NO MORS THAN THREE (3) reer OF rHE
RELATTVELY SOFT MATERIALS PRESENT BENEATH BOTTOM OF FOUNOATTON
' :'.' :ELEVATIONS. AOOITIONAL TESTING SHOULD BE CONDUCTED AT SPECTFIC
BUI LDI NG LOCATI ONS TO DETERII I NE THE TH I CKNESS ANO COMPRESS t B IL I TY
CHARACTERISTICS OF THE RELATIVELY SOFT ANO LOOSE ALLUVIAL.
.
L
''.BE PROPORTTONED FOR RELATIVELY LOIV SOIL BEARING PRESSUNES;".FON : .
' coNrl NUous lllALL TYPE FouNDATloNs, THE FouNDATtoNS sHouLo BE
..:.PROPORTloNEo FoR A MAxlrIutd ALLo!'tABLE BEARtNc pRESSURE oT lO0O
PSF. lsoLATEo squARE coLUr.lN pAD FouNDATtoNS sHouLD BE pRopoRTloNEo
FoR.A.MAxtr,rur,4 ALLoTIABLE BEARING pREssuRE oF ?50 pSF. lN lttl cAsESr
FOUNOATIONS SHOULD BE PROPORTIONEO FOR THE TOT4L LOAD $rHlCH t''ILL
., ,,:i-,::.. r - :BE CARR I ED By, THE STRUCTURE, I NCLUD I Nc ALL L I VE LOAD,,,F-l.g..IghF;,.,
1 :. :.'iar.ljiyil; r : t.i-
SucH As FLooRl sNotrl $rl No, ETc. r;' '' .:; 1 ';': i..
.0EstcN AND Cor.rslRucltoN DETAtLs
,'-..1) THE RELATIvELy soFT AND rr,rorsT ALLUvTAL sorLs pRESENT AT'.''
THIS StTE SHOULD BE USED FOR FILL MATERIALS IN LANDSCAPED
AREAS OR IN THE BERI.IS REqUIRED FOR TFIE EVITENCHE CONTROL
CHANNEL .
EXTRE[,IE CARE SHOULD BE TAKEN DURt NG FOUNOATION EXCAVATION
TO AVOID DISTURBANCE.TO THE BEARING MATERTALS. DUE TO THE
''.PRESENCE OF MANY'COBBLES ANO BOULDERS WITH!N THE SANO AND.':cRAVEL srRATAr ExcEsslvE DtsTURBANcE .To THE BEARING MATERtALs
, BY EXCAVATION EQUIPMENT IS A DEFINITE POSSIBILTTY. ALL'':.OISTURBEO iltATER!AL SHOULD BE REMOVED FROM dOTTOtlt OF FOUNOETIOT.I
. ELEVATIONS' BY HANO TOOLS IF NECESSARY, TO ALLOW FOOTINCS. ;...To BEAR oN uNotsruRBED, NATuRAL sotLSo - .i .:.......
ATL aacrrtLL PLAoED AoiJAcENT To EXTERIoR FouNDATtoN IYALLS
sHouLD BE Mot STENED ANo U,ELL coupnbteo.
Tge enouir.ro suRFAcE sHouLo BE ct vEN A nooo ,r,ROM
l.
: .. _.r"i .:
THE BUILDI NGS oN ALL sl oEs ro coNTRoL suRFAcE wATER.RUr.t-oFF; l
-:.$URFACE IIJATER FLOIII NG TOI1IARDS THE STRUCTURES FROM 'UPSLOPE
AREAS SHOULO BE D I VERTEO AROUNO ANO AT.YAY
BY MEANS OF ORAINAGE SI,'IALES OR OTHER SIMILAR. TUTCASUAES'.
AuL exrearoR FouNoATroNS sHouLD BE pLAcED BELouJ FRosr oEprH.
I r rouruonT I oNS ARE sTEPP ED oo!'JN THRoUGH THE SoFT. cLAYs,
coNSI oERArl oN sHouL0 BE cI vEN ro coNSrRUcTtON Or,-,lurpf,,l;5,..{r*,
.. : ...r tiv i,i. 1-, ,LEVEL. . . :j ::
:. . ._,,. ,. .. ,i ,
7)THE|NsULAT|oNoFTHElNTeRloRFAcEoFTHEFoUNoATtoN;yJALLS
EXCESSI VE I{EAT LOSS. .:'.:'''
.-,I lo.JEcr No. :16:l.t VA r.e 1tFFli'E 'lt ' '
"
corustRucrtoN lNspEcrroru a t . ,.i '' ''
% , .1 "._"-',r. r 1
. ... .. .. ._.1 . ..
.:.- ARg eASEo UPON THE DATA 0BTA t NEo FRO[t THE et cHTEEN i,]SO I t-,'gOa I itcs . ..''.' ''- r; '":' -'PERFoRUED AT THE LocATtoNs tNorcATEo oN THE LocATtoH,oticniil;',Tnts
t t l ' :'
RSPORT OOES NOT RSFLECT ANY VARIATIONS WHICH HAY OCC.UR.JAiTTE'irI ,
;... THESE :IBOR I HGS. TNE HITUNE ANO EXTENT OF VAR IATIONS, BETWEEN .THE' - .
'1. '. .EORINGS MAY NOT BECOME EVIOENT ur,lTlL COURSE OF CO|{STRUCT'ON... fOn' ,',.'' iTHls REASONI lr ls REcoMMENoEo rHAT- THE sotL ENGTNEER .tNspEcr THE
THE CONSTRUCTION PERTOO AND NOTTNG 'HE CHARACTERTSTICS OF ANY
'
VARIATIONS..'., ,.':- .:
'THIs REPoRT. HAs BEEN PREPAREo IN oRoER To AIo..TI{. THE EvALuA- .
r - ' '.TTON OF IH'S PROPERTY A'{O TO ASSIST THE ARCHTTECT OR ETGINEER. ItI .'.'
THE OESIGN OF THIS PROJECT. IN THE EVENT THAT ANY CHANGTS tN'. :. .THE OESIGN OR LOCATION OF THE'BUTLOINGS AS.OUTLIilEO.OR PRESENTEO ..';
'' ': .. i,'IN THTS REPORT ARE PLANNEO, THE CONCLUSIONS 'AHO RECOXT€NDA'iOIIS . ..:
THorrAs E. Suuu€RuEE,
PRES I D€NT
l' .'t-:=1
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t$l$'i-$i
rt'{td
z,aot<oFl c-<Fr@oFt{.r z,-.o. \^) .
\r,
-1.'o
tFI'.=', o-a
\t\o{ul
HOLE NO. 2-A
SOUTHEAST OF
HOLE NO. 2-B
SOUTHEAST OF
DRI LLED
HOLE No.
ORILLEO
HOLE I,JO.
z-A
3/ 6"
APPROX I MATELY
a.
APPROX I MATELY2.
HoLE No. 4-A
HoLE No. 5-A
OR I LLEO
ORILLED
No. 4.
5.
cuRE No. 4 ron LEcEruo
HoL E
:!n
'.
0
HOLE
HOLE
No. 6
HoLE NOs. 6-A,
Jr, 5, eto 111
TEST BORING LOGS
5-g arvo 5-c
EAST OF HOLE
24
E FI GURE NO.FOR LEGENO AND
?o
''.
z0
4
HOLE
No.8 No.9
o
N!-6-g
DR I LLEDNo. 5,
.F
t'|J
&Jl!
'.F
tJo
t3/6"\tt 112"
'ADolTt oNAL iloT€S.
ffif snvo -
SANO &lvlEO I UM OENSE,
WI TH COBBLES
' II.Iot cATEs GRoUND.WATER LEvEL
R - lNolcATEs REFUSAL To FURTHER
NOTES ,:.. ' .,.,. ,,.,".; .
..,,.:, ',
., , .-;.:,.i.i ,.:,. .,' 'i 'r'" :":1";;l:li::';' -
THe tesr BoRT NGS *ERE DRTLLE' wr rH A "o"ri"16r; .rfil'.''
PowER .AUGER (4tt ot a. ) oru OcroBER 26. 19?3;.,,,' ,:...::.,,;; , :. .
9_tlrotcATEs rnnr 9 BLowS FR6M A lltQ-ua. nluruei.Falt-lHe30 rNcHEs IvERE REeurREo ro DRrvE THE sAuplen=ia,iuciii.
TUE tocs ssow
STRATA AT THE
IVARRAN TgO THA T
CONOI T IONS AT
BRowNToREoD|sHBRo|.JN.|..''.,;'....;.';;..='.;.'.li..::'.
st LTY io saruoy
occASl oNAL C0BBLES AND BOULDERS. r :,,',:".;',rr:.;:i..,:
' : - -''."ij'' ''." i:""1'r-' :
AppRox I MATE BoUNDAR t ES BETtvEEN THE ;vnn t ous
oATES AND LOCATTONS -twOtClteo lNo. tT,ls NoT r;i.
THEY ARe REPRESENTATTvE OF SUBSURFACE .,
Y1
FILL -
CLAY -
CLAY .
LEGEND
sAND, Sl Lry ro cLAysy, r-ooser r-rerlr'ud'tii;:l;:
LOOS€ TO l,4EDt Ur,{ DgNSET MEDI UM MOI ST jTO ,VERy
MOISTT BROIl/N TO RgDOt SH BROWNT rrl ?n.'occAsloNAL
COBBLES AND BOULDERS.
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THOMAS E. SUMMERLEE A CORPORATION Ftc. 5
E. SUMMERLEE A CORPORATION
LAND
FOR TITLE QI'ESTIONS CALI,
FOR CIOSING QUESTIONS CALL
cuARANTEE ltb"PANY
ff,0lu{i 1213e1
I rr|,"
I
Representing Title Insurance Conpany of Minnesota
THANK YOU FOR YOUR ORDER
JuIy 24, L99!
our Orderr vL7226
BUYER,ZOWNER:
TBD
SELLER:
TIMBER FALLS ASSOCTATES, A COLORADO GENERAL
PARTNERSHIP
ADDRESS:
METES AND BOUNDS
TER JA}fAR
ELIVER IN BUTLDING
Attn:
RON RILEY
228 BRIDGE ST.vArL, co 81658
Attn:
PICKED UP FOR DELIVERY
COVENANTS ATTACHED
AI'l P!i!
NO
KAREN HORTIT 3O3 476-225L
MINNESOTA
TrTrF l\
HOME OFFICE
3033 East First Ave.,Suite 600
Denver, CO 80205
P. O. gox sMO
Denver. CO 80217
321-1880 I FAX 322-7603
ADAMS
9101 Harlan. #'100
Westminster, CO 80030
427-9353 / FAX 430-1572
ARAPAHOE
7700 E. Arapahoe Rd.. #150
Englewood, CO 801 12
770-9596 I FAX 290-9040
ARVADA
5t140 Ward Road, #200
Arvada, CO 80002
420-0241 / FAX 423-1355
BETHANY
11059 E. Bethany Drive
Aurora, CO 80014
7s0-1717 I FAX 750-5412
EAST
3300 5. Parker Rd., #105
Aurora, CO 80014
751-4336 / FAX 745-2669
LAND TITLE
GIJARANTEE
COfuIPANY
P. O. Box 357
108 S. Frontage Rd. W.
Vail, CO 81658
47 6-225 1 lDir ed 595-96 1 3
FAX.476-4534
BRECKENRIDGE
P. O. Box 2280
200 North Ridge
Breckenridge, CO 80424
453-2255 / FAX 453-6014
CASTLE ROCK
51 2 Wilcox
Castle Rock. CO 80104
688-6363 / FAX 688-0143
COLORADO SPRINGS
102 5. Tejon, #100
Colorado Springs, CO 80903
634-4tl21ioirect 595-41 1 3
FAX 534-3190
PARKER
19590 E. Main 51., #105
Parker, CO 80'134
841-4900
VAIL
P. O. 8ox 357
108 S. Frontaoe Rd. W.
Vail. CO 8-1658
476-2251/Direct 595-961 3
FAX 4764534
AGENTS
DURANGO
1201 Main Avenue
Durango, CO 81303
247-5860 / FAX 247-9089
CommitmentTo Insure
lssued throuqh the jffie of:
FIDDLERS GREEN
6400 5. Fiddlers Green
Englewood. CO 801 11
7714539 I FAX 771-4526
HAMPDEN
8821 E. Hampden. #100
Denver. CO 80231
750-4223 I FAX 750-4267
JEFFERSON
710 Kipling, #202
Lakewood, CO 80215
232-3111 / FAX 238-2956
SOUTHWEST
3609 5. Wadsworth, #1 :5
Lakewood, CO 80235
988-8550 / FAX 980€324
YOSEMITE
3600 S. Yosemite, #255
Denver, CO 80237
694-2837 / FAX 843-0402
EOULDER
2425 Canyon Blvd., #230
Bouldec CO 80301
4444101 I FN< 7864423
LAIID TITTE
' -': ;- *---;;.:ir:..L . i-,-. * - -.t ,t
ALTA COMMITMENT
SCHEDULE A
Application No. vL7226
For Information OnIy
METES AND BOUNDS
- Charges -ALTA owner Policy $L55.00--TOTAL-- $l_5s.00
With your remittance please refer to VL7226.
.:
. l-. Effective Date: July L2 , 1,99L at 8:00 A.M.
2. Policy to be issued, and proposed fnsured:
rrALTAtr Ownerrs Policy1987 Revision (Arnended L990)
Proposed fnsured:
TBD
3. The estate or interest in the land described or referred to inthis Cornrnitrnent and covered herein is:
A Fee Sinple
4. Title to the estate or interest covered herein is at t,heeffective date hereof vested in:
TTUBER FALLS ASSOCIATES, A COLORADO GENERAL PARTNERSHTP
, 5. The land referred to in this Comrnitment is described asfoll.ows:
A PARCEL OF I,AND SITUATED IN THE SOUTH ONE-HAI,F OF SECTION 12,
TOWNSHIP 5 SOUTH, FS,NGE 80 WEST, OF THE SIXTH PRINCIPAL
MERTDTAN, TOWN OF VAIL, EAGLE COUNTY, COLORADO, SATD PARCEL
BEING }IORE PARTICUI"ARLY DESCRIBED AS FOLLOWS:
BEGINNTNG AT THE SOUTHEASTERLY CORNER OF LOT 5, BTGHORN
SUBDIVISTON FOT'RTH ADDITTON; THENCE AI-,ONG lr'HE SOIIPH LINE OF
SATD SUBDIVTSION THE FOLTOWING TI{O COURSES:
1. SOUTH 67 DEGREES OO MINUTES OO SECONDS EAST A DISTANCE OF248.00 FEET
2. SOUTIT 82 DEGREES OO MINUTES OO SECONDS EAST A DISTANCE OF
PAGE 1
4,]oALT-A COMMITMENT
SCHEDULE A
Application No. VI7226
90.OO FEET
THENCE LEAVTNG SAID SOUTH LINE, SOUTH 31 DEGREES 35 MTNUTES 25
SECONDS WEST A DISTANCE OF 456.19 FEET; THENCE SoUTH 39 DEGREES42 MINUTES 33 SECONDS WEST A DISTANCE OF 137.91 FEET; THENCE
SOUTH 62 DEGREES 22 MINUTES 36 SECONDS A DISTANCE OF L77.17FEET; THENCE NORTH 33 DEGREES 44 MINUTES 58 SECONDS WEST A
DISTANCE OF 502.26 FEET TO A POINT ON THE EAST LINE OF LOT 1,
BIGHORN ESTATES; THENCE NORTH 33 DEGREES 36 MINUTES OO SECONDS
EAST ALONG SAID EAST LINE A DTSTANCE OF 358.13 FEET TO A POINT
ON THE SOUTHEASTERLY RIGHT OF I.TAY LINE OF NUGGET LANE; THENCE
ALONG SAID RIGHT OF WAY, 84.99 FEET ALONG THE ARC OF A 65.00
FOOT RADTUS CURVE TO THE LEFT WHOSE LONG CHORD BEARS NORTH 56
DEGREES 10 MTNUTES 32 SECONDS EAST, A DISTANCE OF 79.06 FEET TOA POINT OF TANGENCY; THENCE CONTINUING ALONG SAID RIGHT OF WAY
NORTH 18 DEGREES 43 MTNUTES OO SECONDS EAST A DTSTANCE OF 48.31
FEET TO A POINT ON THE SOUTH LTNE OF SAID BTGHORN SUBDIVISION,
FOURTH ADDTTION,. THENCE ALONG SAID SOUTH LINE, SOUTH 64 DEGREES30 I,IINUTES OO SECONDS EAST A DTSTANCE OF 50.80 FEET' THENCE
CONTTNUTNG ALONG SAID SOUTH LINE, SOUTH 51- DEGREES OO MINUTES
OO SECONDS EAST A DISTANCE OF 155.00 FEET TO THE POINT OF
BEGINNING.
PAGE
ALTA COMMITMENT
SCHEDULE B-1
(Requirernents) application No. VL7Z26
The following are the requirements to be cornplied with:
l-. Payment to or for the account of the grantors or rnortgagors ofthe full consideration for the estate or interest to beinsured.
2. Proper instrurnent(s) creating the estate or interest to beinsured must be executed and duly filed for record, to-wit:
:' THTS COMMITMENT IS FOR INFoRMATIoN oNLY, AND No PoLIcY WILL BE IssUED
PURSUANT HERETO,
THE COUNTY CLERK AND RECORDERS OFFICE REQUTRES RETURN
ADDRESSES ON DOCUMENTS SENT FOR RECORDINGI !
iI
I
:
I
PAGE 3
oALTA COMMTTMENT
SCHEDULE B-2
(Exceptions) Application No. VL7226
The poli.cy or policies to be issued will contain exceptions to thefolrowing unless the same are di-sposed of to the satisfactj-on ofthe Conpany:
1. Standard Exceptions 1 through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and specialassessments not yet certified to the Treasurerrs office.
7. Any unpaid taxes or assessments against said land,
8. Liens for unpaid water and sewer charges, if any
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SA},TE BE FOUND TO PENETRATE OR INTERSECT THE PREMISESAS RESERVED fN UNfTED STATES PATENT RECORDED Novernber 17, !9O2, fN BOOK 48AT PAGE 492.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THEUNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NovembeT 17,1902, rN BOOK 48 AT PAGE 492.
].1.. EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANITATION DISTRICT IN'INSTRT'MENT
RECORDED JUNE L3, L973 rN BOOK 229 AT PAGE 550 AND 551.
]-2. EASEMENT AND RIGHT OF WAY FOR GORE CREEK AS IT AFFECTS SUBJECT PROPERTY.
]-3. PEDESTRIAN AND EQUESTRIAN EASEMENT 15 FEET IN WIDTH ALONG THE SOUTHEAST
BANK OF GORE CREEK AS RESERVED rN DEED RECORDED APRrL 3, L968 rN E;OOK 2a2AT PAGE 537.
].4. EASEMENT AND RIGHT OF I^IAY 20 FEET IN WIDTH ALONG THE NORTHERLY SIDE OF
suB.lEcT PROPERTY AS RESERVED IN DEED RECORDED FEBRUARY 26. t_955 IN BOOK 188AT PAGE ].]-3 FOR USE OF PEDESTRIANS AND EQUESTRIANS AND PERSONS USING MAIN
GORE CREEK FOR FISHING PTJRPOSES.
15. RESERVATTON OF A TEN PERCENT NON-PARTTCTPATTNG ROYALTY AS RESERVED TN DEED
RECORDED NOVEMBER 2, t_962 rN BOOK t_66 AT PAGE 407.
16. A DEED OF TRUST DATED February 20, 1985 FROM TTMBER FALLS CORPORATION, A
COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF
FTRSTBANK OF VArL fO SECURE THE SUM OF $750,000.00, AND ANy OTHER AMOIJNTS
PAYABLE UNDER THE TERMS THEREOFT RECORDED February 27, 1.985, IN BOOK 407 AT
PAGE 255.
PAGE
'I
SCHEDULE B-2
(Exceptions) Application No. VL7226
SAID DEED OF TRUST WAS FURTHER SECURED IN ASSTGNMENT OF RENTS RECORDEDFebruary 27, 1985/ IN BOOK 4O7 AT PAGE 256.
EXTENSION AGREEMENTS IN CONNECTTON WITH SAID DEED OF TRUST RECORDED MARCH26, L985 IN BOOK 438 AT PACE 788, MARCH 30, L987 rN BOOK 460 AT PAGE 47,
AND APRIL 21, ]-988 IN BOOK 482 AT PAGE 623.
].7. A DEED OF TRUST DATED June 15, 1989 FROM TIMBER FALLS ASSOCIATES, A.. COLORADO GENERAL PARTNERSHIP TO THE PUBLTC TRUSTEE OF EAGLE COUNTY FOR THEusE oF FIRSTBANK OF VAIL TO SECURE THE SUM OF $490,000.00, AND ANy OTHER
AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED June 19, L989, IN BOOK508 AT PAGE 306.
SArD DEED OF ?RUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED June].9, L989, rN BOOK 508 AT PAGE 307.
SUBORDINATION AGREEMENT IN CONNECTION WTTH SAID DEED OF TRUST WAS RECORDEDJune L9, L989, fN BOOK 508 AT PAGE 309.
18. DEED oF TRUST DATED June 15, 1989, FROM TIMBER FALLS ASSoCIATES, A coLORADo
GENERAL PARTNERSHIP TO THE PUBLTC TRUSTEE OF EAGLE COUNTY FOR THE USE OF
TIMBER FALLS CORPORATTON, A COLORADO CORPORATTON TO SECURE THE SUM OF
$703,2OO.0O RECORDED June 19, !989, IN BOOK 508 AT PAGE 308.
SUBORDINATION AGREEUENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED,June 1.9 | L989, IN BOOK 508 AT PAGE 309.
PAGE 5
i,
. -.t ,_vvLAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENT
Requj-red by Senate Bill 91-14
A) The subject real property may be located in a special taxingdistrict.
B) A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained frorn the County Treasurer or the CountyTreasurer's authorized agent.
C) The information regarding special districts and the boundariesof such districts nay be obtained frorn the Board of CountyCornmissioners, the County Clerk and Recorder, or the CountyAssessor.