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1991-41 Repealing and Reenacting Ordinance No. 28, Series 1991, to Provide Changes to Area A Requirements for SDD No. 4 that Concern the Development Plan for Millrace IV, Scenario I, A.K.A. Cosgriff Parcel
,. ` ORDINANCE N0. 41 Series of 1991 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 2$, SERIES OF 1991, TO PROVIDE CHANGES TO AREA A REQUIREMENTS FOR SDD N0. 4 THAT CONCERN THE DEVELOPMENT PLAN FOR MILLRACE TV, SCEPdARIO T, A/K/A COSGRIFF PARCEL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, East West Partners and CattcYnercial. Federal Bank, haws regtaested an amendment to the existing Special Development District No. 4, Area A; and WHEREAS, the Planning and Environmental Commission has recommended that certain changes be made to Special Development District No. 4; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Qrdinance No. 28, Series of 1991 to provide for such changes in Special Development Distract No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 28, Series of 1991, is hereby repealed and reenacted, as follows: Section 1. Amendment Procedures Fulfilled. Planning Commission Renorct . The approval procedures described in Chapter 18.A0 of the Vail Municipal Cade have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No. 4. Section 2. Special Development District No. 4 Special Development District No. A and the development plans therefore, are hereby approved for the development of Special Development District No. 9 within the Town of Vail. Section 3 Chapter 1$.96 Special Development District No. 9, Cascade Village, is hereby repealed and re-enacted with amendments to read as follows: 1 I :~ ~~ ~. ' r ' • • , # 1.8.46.010 Fur~aose ~ ~`'~ • ~ r Special Development District. No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable far the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts an the area. 1.8.46.020 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feat of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in~a claret. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through 2 e ~ ~ ~ ~~ ~. another accommodation unit; dwelling unit, or 2 transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in section 17.26.075---17.26.120 governing condominium conversion. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. Far the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 18.95.030 Established A. Special Development District Na. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4" B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Duplex Lots C 29.100 Glen Lyon commercial Site D 1.$00 Dedicated Open Space 40.400 Roads 4.700 " 97.955 18.96.040 Development Plan--Required---Approval Procedure A. Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Waterford, Cornerstone, Millrace 1V and Cascade Club sites as approved by the Town Council. Development Area D shall be allowed to 3 r• ' develop per the approved phasing plans as approved by ~- _. the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in Section 18.46.103 B-F. B. Amendments to SDD No. 4 shall comply with the procedures outlined in Section 18.40. C. Each phase of development shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Chapter 18.52. 1$.46.050 Permitted Uses A. Area A. Cascade Villacte 1. First floor commercial uses shall be limited to uses listed in 18.24.030 A-C. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All othex floor levels besides first floor or street level may include retail, theater, restaurant, and office except that no professional or business office shall be Located on street level or first flooz (as defined in Section 1$.24.030 A of the Town of Vail zoning code in Area A) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3, Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; ~. Two-Family dwelling; 7 Transient residential dwelling unit; 4 ~ ~ i 6 ~~ _ 8. Employee dwelling as defined in Section 18.96.220; 9. Cascade Club addition of a lap pool or gymnasium. n. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C. Glen Lvon Duplex Lots 1. Single family dwelling; 2. Two-family dwelling. D. Area D. Glen Lvon Commercial Site ~.. Retail; 2. Restaurant and bar; 3. Business and professional offices; 4. Multi-family dwelling; 5. Employee dwelling as defined in Section 18.46.220. 18.46.060 Cond itional Uses Condition al uses shall be reviewed per the procedures as outlined in Chapter 1$.60 of the Town of Vail zoning code. A. Area A. Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 18.04.135 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals sha11 not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with na frontage on any public way, street, walkway or mall area. 5 i i ~ ~ •' B, Area B, Coldstream Condominiums - ].. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lvon Duplex Lots 1. Public park and recreational Facilities; 2. Ski lifts. D. Area D. Glen Lvon Com;tnPrcia,l Side 1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253 16.96.070 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.5$.130 through 16.5$.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis Courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B. Coldstream Condominiums, 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.5$.130 through 18.58.190. 6 ~ ~~ 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. ~4. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. C. Area C, Glen Lvon DuA1ex Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lvon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with tYie provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts,~patias, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 7 r ~~' r. ' 1_ ... A. Minor arcade. ' 18,46.080 Location of Business Activity A. All offices, businesses, and services permitted by Sections 18.96.050 through 18.46,070 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly. in front of the establishment displaying the goods and entirely upon the establishment's own. property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18,46.D90 Density--Dwellinr~ Units The number of dwelling units shall not exceed the following: ' A. Area A, Cascade Village Two hundred eighty-three point five (283.5) dwelling units, with a minimum of three hundred thirty-eight 1338) accommodation units or transient residential dwelling units and a maximum of ninety-seven (97) dwelling units as defined by the table in Section 18,46.103 A-D. B. Area B. Coldstream Condominiums Sixty-five (65) dwelling units C. Area C. Glen Lvon Duplex Lots One-hundred four (104) dwelling units. D. Area D. Glen Lvon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined by the table in Section 1$.46.103F. 18.46.100 Density--Floor Area A. Area A. Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed ~4-~~5 288,595 square feet: except that the total maximum GRFA sha11 not exceed "-~ - 292,245 square feet if Millrace IV Scenario 2 (32 A.U.'s) is constructed. H. .Area B, Coldstream Condominiums Sixty--five thousand square feet (65,000 s.f,) GRFA. C. Area C. Glen Lvon Dux~lex Lots GRFA shall be calculated far each lot per Section 18,13.080 density control A and B for the Primary/Secondary district of the Town of Vail municipal code. D. Area D. Glen Lvon Commercial Site The gross residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit sha11 be 1,630 square feet. 1.8.46.102 Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 56,538 square feet of commercial area. Commercial uses include retail, office, theater, restaurant, uses listed in Section 18.46.050 A--1, and the special attraction use. B. Area D, Glen Lvon Commercial Site Area D shall not exceed 16,730 square feet of office for Phase T, IA & IT or 15,584 square feet of office for Phase TII per the approved development plans. The micro--brewery and associated uses shall be constructed per the approved development plan. 18.96.103 Development Statistics far Area A, Cascade Village, and Area D, Glen Lvon Commercial Site 9 '~ Area A Combed Projects ~ ~ °, ~.~ '", ". ,. :..: :: _4.. RetalU On-Site Cascade Siruoiura AIJs I DUs I aRFA ~ Cammarciai 1 Sauare Feet Parking ~ Parking NIILLI~ACE 1 16 I 20,000 I 28~ T-a~ ' 0 I MILLRACE iE I i 14 I 17,534 I W ESTIN 14$ 55,457 Alfredo's Cafe Little Shop Pepi Sports W & H Smith, Vaurnet .900 CMC SUILDIhlO Cascade Wing B 15,870 Ciancv's 1.600 Theater 4.220 College Classrooms Coile~a Office Meeting Room 2J TERRACE WINQ Reams ~ 120 Retail 5.B56 PLAZA I Rooms 20 Retail 1,099 PLAZA II Conference Retail 925 CASCADE CLUB Retail 300 Bar & Restaurant 872 ~,Dtiice in CMC 828 Wellness Canter 1.386 TU'1"AL~'-~-~~ 288 17,786 s I I 104 Seats 74 Seats 1,250 2,436 I I 41792 954 1,387 25 I 0 0 115 0 0 0 0 0 0 0 0 0 0 1s 0 13.3 28 0 40 0 4 0 6 0 105 0 20 0 18 0 4 0 35 0 3 0 ~ i 0 5.s 0 3 0 7 ~~ 422 ., . r 10 t.. accessory Ski Retail testaurant lolel Access Restaurant and Bar Htice ~onfarance Room Intel Retail scenario 1 Retail or scenario 2 Retail ~ocess Ski Restroama Ski Schoaf 2,190 3,W0 I i47 2,465 ~ 82 4,850 I 2B5 1 - 13,250 or 2 - i 8,275 ~ - cv,v~ru Or 2-29065 1,725 7,14(? tJn•5tte t.:ascadelYYetertord Parki_r-g ~ Structured Perkl~cn .1 (ev, room 561 sq. fl. ~ .962 soaoelroon 7.3 18.4 14.3 . 19.4 72 0 44.2 or 54.3 0 0 T 1i-155 fN 2-166 ?,.WATE~FOR>?,. AUor.~'~ P~ t3RFA _ ... CornrrNrclal ------------ [seats __.__- ISsuanFeet~ - Un-SISe lPerkins I t:ascade/Watertord ' StructurodParkln amts Soenariol 30 60 or 47,500 or Scenario 2 75 TR 75 #letaii T8'fAl~- 3.800 3, ~ i2.7 ~ 2-30 DU k 2 67. 3, Westhawn ~ ~ [ I ~ ~ On-Bile CascedelWeiertord Condon AU nr TFi DU ! 4RFA Comrnercle! Seats Sauera Feel Parklna I Structured Perklnn _ unws Employee Units {latex sal ~ ~ 20 10 ~ ~ rl,suu 6.400 ~' ~ 20 zaTAt~- _ ____ ~ 4 - ---r2~aa - I --- ---r-----__~_ On-Site CascadelWaterford 4. Millrace-III AU.or TR t)U GRFA I Gommarelat_~ Seats Sauere Feet) Parking ~ Shuetursd Parkfn>~ l.Inils - -°~__~-~, ~~-3 ~~ -~i 000 I~.~~___~ . ~~T- I s _ ,_ - ~ - - 70TAL I t 3 uu I s:i~-"""I -t ~__ r- i 5 ___ i 5. iNilRace ~V , Units Sconaria 1 or Scenario 2 1`t~'l'Alts 5cenarinl Scenario 2 AU or TR 1 l)U GRFA I Com-rlerciel L Seats Sauare Feet) Perkitnp ~ Structured Par 6 10,450""' 19 or - 32 AU . 14'000 _ 211.8 . - . 32 A U 6 DU -__ 10,450""' 14„000 __.-..~_~.. I ~ ~ _ _ 19 26, 8 6. Csecade club Addltlon AU o_rTR QU GRFA Commarefal I Seals cenarlo {Welkness Centers 4,500 or Scenario 2 Scenario 1 I I ~ 4,500 I Scenario 2 7. Room 2J Conlerence Conversed to Th~eter All pr TFl - _ Dtl___ -_GRFA Cnrrstnerclal Seats tUTAt_ ~_ ~_____~._ _____+ .-I__~- ~ _ 1,387 __..i_.._.._..______ I I I I 92~ IYtAX MUMS •""• I 1101.5 DUI 118,110 ~ 38,752 rford kin On-Slts CescadeNYaterford Sauare Feet Parkins Structured Parkin 22.5 4.500 ~- _ 0 22.5 4,5p0 ~On-51te CescadeNVaterford Syuere Feet Parklrx~ Structured Parkinq_ 1T f 5.5 .. ~ ----- I 5.5 ------ Un-5lte Cascadeniva#ertord uare Feet i?arking__ Struetured_Perking I I .7 ^^• 13,365 ~ 69 Minimum 310 Maximum or 235 Minimum • F.taployee unlp mull net aounE towed dually ar GRFA Tar [Le pu~poce oratlc SDD. •• kovm 21 tta+ etrosdy bean wuntod u cmknrce apace par-lnj. 1Le ~w Pu~ni requLr~ea[ 4 ha:d m th dlffmeace 6etneea emktsaae and theater pukkoE ra9uirunemc. r.r Pkxra rpaoc Lu ahcady Loch wtnlod rq a refait parkla= requlramrnt. I'he new puYing ~equlroment 4 bead da the dirfotmcac 1.. ~ . ~ the retaD and oHlm padda` tequLpnena. +••• 7'alaf flriara rep~craut hJrhnat doael[y cud comurcrcial uraarioe. •• ••• For the puryoeac a! cekvlatlat ~RPA ra the Cac~rif f Ftieeol(M Wnx Ih, m e+edlta aLaL Le ~tvea except for 300 cq. ti to Le albNed far eerL eACtoeed parlc6u epcoe, par Sectlam 18.i6.210(C~(SxJ). ~~ i ..c .::., Total Prate . velapment ;~ Completed and Fused for Area A C3n•5ite CascadelWeierfcrd DU ~ CiRFA ~ Cammercfal~ Parkins Structured Parkinn M__axlmum" 4 ~ Minimum'"' Completed Protects i82.D j 174,135 E 17,786 { 53 j 422 _ 422 ~~ ~ Prooased Protects` iD1.5 I 118.11D ! 38.752 I 66 3.111 I 235 Total pavelopmeni _____ at Build-Out I 283.5 I 292,245 ~ 58,538 1 119 Minimum 7 32 Maximum with 657 Minimum with 17,5% Mixed Use 17.5% Mixed Use Credit d 604 spaces Credit .543 spaces 421 spaces in 421 spaces In Cascade Structure and Cascade Structure ens 183 spaces in 122 spaces in Waterford Structure Waterford Structure ' Total figures represent highest density and commercial scenarios. " Maximum parking structure requirement assumes Cornerstone Scenario 2, Waterford Scenario 2, Millrace IV Scenario 2, ~~ and Cascade Club Scenario t Minimum parking structure requirement assumes Cornerstone Scenario 1, Waterford Scenario 1, Millrace IV Scenario 1, and Cascade Giub Scenario 1 . '` _~ 12 y _~ - _ _ ' ' ~ Area tA ~s * GRFA creS~ 16.~ J/Acre (.35~ r Or,lginal Parcel 15.68 252,00 256,937 Robbins Parcel 1.23 19.68 18,752 C©sgriff Parcel 1.045 16,7.2 15.932 27.955 288.40 291,121 F. DEVELOPMENT FOR AREA D. GLEN LYQN COMMERCIAL SITE SDD ~9, AREA D DEVELOPMENT SQUARE FOOTAG E AND PARKING PER TOWN OF VATL REQUIREMENTS FEBRUARY 26, 1990 P2iA ~E Ia PHASE I, Ia. & II PHASE I, Ia, II AND IxI DEVELOPMENT DEVELOPMENT DEVELOPMENT Sq.Ft./Parking Sq.Ft. ! Parking Sq.Ft. / Parking Glen Lyon Office Sldg. (Existing 10,150 40.6 10,15{} 40.6 10,150 90.6 PHASE IA Glen Lyon Dffice Bldg. 900 1.6 900 1.6 i 400 1.5 PHASE I Glen Lyan ` r Bldg. -- Office 0 2,400 9.6 2,40Q 9.5 PHASE II MiGra-Brewery --Office 0 3,780 15.1 2,634 10.5 --Reception/ Museum 0 980 0.0 980 0.0 --Retail 0 175 .6 885 3.0 -Fermentation/ Brewhouse 0 970 0.0 1,406 0.0 -Beer Nall 0 1,700 18.8* ~ 1,700 18.8* (150 seats) (150 s eats) -Brew Pub 0 1,380 10.0* 1,380 10.0* (80 seats? (80 s eats) SUBTOTAI, 10,550 92.2 21,435 96.3 21,435 99.1 PHASE IIT i East Huilding I ` -2 Employee I - ~ . units 0 0 0 . o k 1, 695 ~ = 4 :0 ;.~ . -~, Dwelling ~ ... Unit 0 0 0.0 1, 630 2.0 -Office 0 0 ~ 0.0 j 2, 400 ~ 9.6 SUBTOTAL D 0 0.0 i 3,325 iS.6 TOTAL COMMERCIAL AND RESID ENTIAL f ~. ` SQUARE FOOTAGE ANI7 PARKING. 1 .. 21,935 96.3 24,760 110.0 *USED HIGHEST PARKING REQ. POSSIBLE BASED DN~SEATING i i i r 1~ ~~ 18.46.104 Development Plans Site specific developmen Area D. The development those plans submitted by J ~ .. ' Y ~, ~ • . t plans are approved for Area A~and plans for Area A are comprised of Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for each area: 1. Cascade ,Village Master Plan and Building Height, Roma, 1o/1o/a8. 2. Waterford and Cornerstone Floor Plans, Roma, 10/10/$8, p 1-9. 3. Waterford and Cornerstone Sections, Roma, 10/10/88. 9. Waterford Landscape Plan, Roma, 10/10/88. 5. Waterford Summer Solstice, Roma, 10/10/68. 6. Waterford Site Plan, Roma, 10/10/88. 7. Waterford Elevations, Roma, 10/10/88. 8. Waterford Winter Solstice, Roma, 10/10/88. 9. Waterford East Elevation Height Analysis, Rama, 9/28/88. 10. Cornerstone Site plan, Rama, 10/10/88. 11. Cornerstone Elevations, Roma, 10/10/8$, p, 1-3. 12. Cornerstone Sun/Shade, 10/10/88. 13. Cascade Entry Rendering, Roma, 10/10/88. 19. Cascade Club Addition Site Alan, Roma, 10/10/88. 15. Cascade Club Floor Plan, Roma, 10/10/88. 16. Millrace IV, Scenario 2 (32 A.U.'s) Plan, Roma, 10/10/88. 17. Millrace IV, Scenario 2 (32 A.U.'s) Floor Plans, Roma, 10/10/88. 18. Millrace IV, Scenario Plan, Arnold Gwathmey 19. Millrace IV, Scenario Elevations Arnold Gwa~ 20. Milirac® IY, Scenario Plans Arnold Gwathmey Y, a/k/a Cosgriff Parcel, Site Pratt, 10/28/91. I, a/k/a Cosgriff Parcel, tYuney Pratt, 10/22/91. I, a/k/a Cosgrxff Parcel, Floor Pratt, 10/23/91. 14 „~ 21. Millrace IV, Scenario I, a/k/a Casgriff Parcel, Landscape Plan, Dennis Anderson Associates. 22. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 34/31/91 stamped. 23. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/8'7. 24. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 25. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. Area D, Gien Lvon Commercial. Site 1. Area D Master Site Plan, Geodesign by Sherry Dorward, 2/22/90. 2. Landscape Plan for Area D, Geodesign by Sherry Dorward, 2/22/90. 3. Area D elevations, Geodesign by Sherry Dorward, 2/9/90. 4. Vail Micro--brewery, Seracuse, Lawler, and Partners, Denver, CO., sheets A2.1, A2.2, A2.3, A3.1, A3.2, A9.1, A9.2, dated 1/$/90 and sheet A2.9 dated 12/13/89. S. Vail Brewery Roof Study, Frank Freyer, 1/$/90. 5. Glen Lyon Parking Garage Floor Plans and Site Plan, Rama, 11/28/88. 7. G~.en Lynn Parking Garage Sections/Elevations, Roma, 11/28/88. 8. Glen Lyon Condominium, Roma, 11/28!88. 9. Glen Lyon Condominium East Building, Roma, 11/28/88. 10. Deck Enclosure (Phase IA) to Glen Lyon (?ffice Building, Pierce, Segerberg and.Spaeh, dated 9/20/90. 11. Landscape Plan, Phase IA Deck Enclosure, Pierce, Segerberg and 5paeh, dated 8/19/91. 12. Office Addition to Glen Lyon Office Building, Buff Arnold/Ned Gwathmey Architects August 25, 1989 Sheets Al through A4. 15 /' , 13. Cascade Village Special Development District Amendment ` and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11122/88. Letter from Peter Jamar Associates, Tnc., dated January 16, 7.990. 14. Deceleration lane design for South Frontage Road, RBD, October 18, 1988 as approved by Co. Div. of Hgwys. 15. A resubdivision of Lot 59 amended plat Glen Lyon Sub- division, Eagle Valley Surveying Inc. as approved by T.O.V. 16. Vail Brewery Parking Analysis, TDA Colorado, Tnc., August 10, 1988 and Vail Brewery Parking Analysis Update, TBA Colorado, Inc., January 16, 1990 pages 1-8. 18.46.110 Development Standards The development standards set out in Sections 18.95.120 ' through 18.96.180 are approved by the Tawn Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 18.46.120 Setbacks A. Area A. Cascade Village, Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford and Cornerstone buildings shall maintain a 20 foot setback from the north edge of the recreational path along Gore Creek. 16 ~~ ~~~,~ B. Area 8, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lvon Duplex Lots Required setbacks shall be governed by Section 18.13.060 Setbacks of the Primary/Secondary zone district of the Town of Vail Municipal Code. D. Area D. Glen Lvon Commercial Site Required setbacks shall be as indicated on the approved development plans. 1B.4fi.140 Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade {whichever is more restrictive), at any given paint to the top of a flat roof, ox mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings, B. Area A, Cascade Village 7.. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of 48 feet as measured from finished grade to any portion of the roof along the north elevation {South Frontage Road) and west elevation {Westhaven Drive), A maximum height of 4d feet as measured from the lowest floor of the parking structure to the roof eave is approved for the south and east building elevations. A maximum height of 61 feet as measured from the lowest floor of the parking Structure to the roof ridge is approved for the south and east building elevations. 17 .. ' } ~ ~ f ' . ` ' 4. Westhaven Building: A maximum of 55 feet. 5. Millrace IIT: A maximum of 4$ feet. 6 . Millrace IV : A maximum of ~!-$~ 34 feet . 7, Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 4$ feet. G, Area B. Coldstream Condominiums The maximum height shall be 4$ feet. D, Area C. G1en.Lvon Duplex Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lvon Comm;Px;~ial Site 51~ of the roof shall have a height between 32 and 40 feet. 49~ of the roof area shall have a heigtzt under 32 feet. Qn the perimeter of the buildings for Area D, height is measured from finished grade up to any point of the roof. On the anterior area of any building, height is measured from existing grade up to the highest point off' the roof. Development plan drawings shall constitute the height allowances for Area D. 18.46.1.50 Caveraae In Areas A and B, no more than 35~ of the total sate area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45~ of the area may be covered. In Area C, no more than 25~ of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. in Area D, no more than 37~ of the total site area shall be covered by buildings and the parking structure. 1$.46.170 Landscaninq At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if l8 + ~ ~ v~ appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of thy: area shall be landscaped. 18.96.180 Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75o of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6~s of required parking shall be enclosed in a building. If the development table in Section 18.96.103 is amended, the parking requirements shall be amended accordingly. 2. There shall be a total of 921 spaces in the main Cascade Club parking structure and a minimum of 122 underground spaces in the Waterford structure. 3. The Cascade and Waterford parking structures shall be considered to be one parking structure for the purposes of calculating the mixed-use credit far parking spaces. Both parking structures shall be managed as one entity. A 17.5 percent mixed-use credit per the Town o~ Vail parking Cade, Section 18.52.20 has been applied to the total number of required parking spaces combined in the Cascade and Waterford structures. Alternative development plans or scenarios which require additional structured parking shall require an expansion of the Waterford parking structure below ground Ieve1. 9. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 19 ~ ~ • r~ ~ 5. Phasing: All required parking for Cornerstone, Waterford, Millrace TV Scenario 2 (32 A.U.'s},and the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade or Waterford parking structures. At the time a building permit application is submitted to the Town of Vail Community Development Department for the Waterford building and parking structure, the developer shall be required to make a final decision as to which development scenarios shall be used f'or the Cornerstone, Waterford, Millrace IV and the Cascade Club addition. A temporary certificate of occupancy shall not be released for any portion of the Cornerstone, Waterford, Millrace IV Scenario 2 (32 A.U.'s} or Cascade Club Wellness addition, Scenario 1 which relies on required parking being provided in the Waterford parking structure until the Waterford parking structure has received a temporary certificate of occupancy from the Town of Vail Building Department. 5. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm far Westhaven Condominiums, and Millrace TTT, sn-d•--i~llruc~ I~~ •v3~.;i3,1,13 ~ . 7. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area S. Coldstream Condom~.niums, Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. ... . 20 i , ~' y - j e,.o C. Area C, Glen Lvon Duplex Lots Off-street parking shall be provided in accordance with Chapter 18.52. D, Area D, Glen Lvon Commercial Site 1, Phase I, IA and II shall include 80 surface parking spaces plus 6 valet parking spaces an the east end of the surface parking lot. Phase IA shall include 2 additional required parking spaces for a total of 93 required parking spaces. 2. Phase III shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structure. All required parking for the east building shall be provided on-site per Town of Vail parking requirements per Section. 18.52.100 far residential and office use. A minimum of eleven spaces shall be located in the garage of the east building and a maximum of 5 surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in the TDA Colorado Tnc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking Analysis Considerations pages 1-B. 9. Valet parking shall be prohibited on the west end of the surface parking lot, 5. The Brew Pub shall not be open to the public until after 9:30 p.m. for Phase I and II Monday through Friday. When Phase III development occurs including the parking structure, the brew pub may operate during the weekdays once the parking structure is available for public-use. 6. The Beer Hall shall not operate or be used by the public before 4:30 p.m. on weekdays, Monday through Friday at any time. 21 ~ ~ 7. Once the parking structure is constructed, the - , parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 19$8, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. $. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Raad adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. 18.46.190 Recreation Amenities Tax Assessed, The recreational amenities tax due for the development within 5DD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA iri Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area iri Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. 18.46.200 Conservation and Pollution Controls, A. The developers drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer sha11 include in the building construction, energy and water conservation controls as general technology exists ~t the time of construction, 22 ~ i ~ C. The number of fireplaces permitted shall be as set forth in Section 8.28.030 of the Town of Vail Municipal as amended. [~. Tf fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. A11 water features within Development Area A shall have overflow storm drains per the recommendation of the Env~.ronmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent ail and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle valley Consolidated Sanitation District may monitor BOD strength. H. 3'n Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. 7. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. ,7. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. 'The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 18.46.210 Additional Amenities and Conditions of Approval for Special Development District No. 4. A. The developer shall provide ar work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the 23 ~ ! ~ .y ~~ ~ ' ' , '~ development to the Village Core area and Lionshead area _ as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. C. Area A, Cascade Village 1. The developer shall be responsible for providing a break-away bollard for the emergency access road between Eagle Pointe/Park Meadows, 1472 Matterhorn Circle, and Westhaven Drive. The design of the bollard shall he mutually acceptable to the developer and Town of Vail. This improvement shall be constructed when a building permit is requested for the Cornerstone, Millrace IIZ, Millrace IV, Westhaven Condominiums, Waterford buildings. or Cascade Club addition. The bollard shall be included in the permit plans, The bollard shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. 2. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of 24 • ~ ~ ~ ~ a building permit and prior to the issuance of a temporary certificate of occupancy far Westhaven Condominiums. 3. The developer shall provide 200-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail. Community Development Department before building permits are released for either project. 4. The conditions for Area A in Sections 1$.46.020 B, 18.96.180 A. 1-7, 18.46.2x0 A - F, I, J, 1$.46.210 C, 1--3, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a building permit is requested for the Cornerstone, Millrace III, Millrace TV, Westhaven Condominiums, Waterford buildings, or Cascade Club Addition. 5. Millrace IV, Scenario I. a. The developer shall obtain an easement front the owners of the property adjacent to the eastern boundary of the property commonly called the Cosgriff Parcel, which is more specifically defined in Exhibit A, attached to this ordinance and incorporated herein by reference. The easements shall be sufficient to permit the construction, maintenance and replacement of retaining walls for the purposes of grading and boulder retention all along the western property line of said adjacent property. The easement shall be in a farm acceptable to the Town Attorney, shall sun with the land, and shall be recorded on 25 ~• ii ~ Frontage Road prior to said installation. If CDOH approval cannot be obtained, then a' minimum of 10 {6'-10') evergreens shall be installed adjacent to the Westhaven Apartments. f. The developer shall apply for and complete the minor subdivision process for the Cosqriff Parcel and a subdivision plat signed by the Town of Vail shall be recorded on the land records of Eagle County prior to the release of any building permits for the construction of any structure on the Cosqriff Parcel. g. Landscaping along the south and west property lines of the Cosqriff Parcel shall be reviewed by the Design Review Soard to insure a suitable buffer area between it and the other properties along said property lines. h. The Design Review Board shall review the architecture and Landscape plan further for compatibility with the surrounding area. i.. The developer and the adjacent property owners shall submit a landscape plan for the area north of the Cosqriff property to the Design Review Board for review. j. For purposes of calculating Gross Residential Floor Area permitted on the Cosqriff Parcel, no credits of any kind {overlapping stairs, mechanical, etc.), except for 300 sq, ft. to be allowed for each enclosed parking space, shall be given. D. Arco D, Glen Lyon Camr~ercial Site. 1. The developer shall agree to construct a bus lane per Town of Vail standards in the area of the parte-cochere of the Micro-brewery in Area D. The 2'7 ~~ specific location for the bus lane shall be ,- mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town of Vail. The bus lane shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy far either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. The developer and/or owners of area D shall be responsible for maintaining the new bus lane, including snow removal. If the lane is not maintained properly or snow removal is not adequate, the Town will not provide bus service to the site. 2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan for Area D. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase zA, east office building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. The bike path easement shall be replotted and approval obtained from the Town Council prior to the issuance of a temporary certificate of occupancy far either the Brewery addition, office expansion excluding Phase IA, east office building or'parking structure. 3. The developer shall underground the electrical 28 . ~ ~: - utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion, excluding Phase TA east office building or parking structure. A. The developer shall be responsible for relocating the 20 foot utility easement on the western portion of Development Area D as well as obtaining approval from the Town of Vail for the relocated utility easement before a building permit is released for the micro-brewery addition. 5. The developer of the Glen Lyon Office property shall not file any remonstrance or protest against the formation of a local improvement district of other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. The developer shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The specific location for the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion excluding Phase ZA, east office building, or parking structure. 7. The Developer shall construct a deceleration lane along South Frontage~Road per the CDOH access permit. The developer shall submit plans for the 29 .r ~.~ ~" .. .,. South Frontage Road improvements to the Town of Vail Engineer far review and approval before a building permit is released for either Phase I excluding Phase IA, IT, or IIT consi:ruction. 8. The conditions for Area D in Sections 18.96.180 D, 18.46.200 A, B, F - K, 18.95.230 D, 3-7, and 38.45.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a building permit shall be issued for the Micro--brewery, office expansion excluding Phase IA, east office building, or parking structure. 9. The minor subdivision for Area D shall be developed per the fallowing conditions: a. The development of parcels A, B, C, and D, shall be limited to the SDD No. 9 development plan and governed by the SDD No. 9 ordinance as approved by the Town of Vail and on file with the Department of Community Development or as amended and approved by the Community Development Department, Planning and Environmental Commission, and/or the Vail Town Council. b. The minor subdivision plat shall include a statement that development of the four parcels shall be governed by the approved SDD 4 development plan for area D and governing ordinances, c. The Community Development Department and Town of Vail Attorney shall have the right to review and require changes in any "Agreements of Tenants in Common", "Conveyance of 30 ' ~ .~, :_ ~ ~~~ ~~ i • ~ . Easement and Party wall Agreements", and any other easement or ownership agreements related to the development of parcels A, B, C, and D to ensure that the four parcels are developed per the approved development plan in SDD No. 4 Ordinance. d. The developer shall be responsible for replotting the 20 foot utility easement on the western portion of development Area D as well as obtaining approval from the Town of Vail for the new utility easement before the minor subdivision plat is recorded. Any modifications or amendments to the minor subdivision conditions of approval agreement shall be reviewed as a major amendment under the procedures outlined in Section 1$.90 of the Town of Vail Zoning Code. e. The conditions for the minor subdivision in Section 18.96.210 {D 9) A, B, C, and E, shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once sa approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney before the minor subdivision is recorded on r_he land records of Eagle County. 10. The entire Glen Lyon Office Building and Brewery Building shall be sprinklered and have a fire alarm detection system. Town of Vail Fire Department approval of the sprinkler and fire alarm systems shall be required before a building permit is released for Phase I excluding Phase IA or II. ~1. The developer shall submit a set of amended plans to the Colorado Division of Highways for review 31 r ~ i i 40. ~ _ • ~ , `~ ~ ' ~ • and approval. The improvements on CDOH property proposed by the developer must receive CDOH approval before Phase I, excluding IA, II, and III are presented to the Town of Vail Design Review Board for final approval. 1 12. The east building including the two employee dwelling units shall be constructed when the parking structure is built to ensure that the emplayee units are built. 18.46.220 Emplovee Housing The development of 3DD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer{s) of Areas A and D shall provide employee housing an site. The developer{s) of Area A shall build a minimum of 8 employee dwelling units within Area A ~~Testhaven Condominium building. Each employee dwelling unit in Area A shall have a minimum square footage of 648 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be taunted toward allowable density or GRFA for SDD No. 4, In Area A,. the GRFA and number of employee dwelling units shall be restricted as employee dwelling units for 20 years plus the life of Tiffany Christine Lowenthal from the date of final certificate of occupancy far said units. The two employee dwelling units in Area D shall be restricted as rental employee dwelling units permanently. In Areas A & D the following restrictions shall apply to all employee dwelling units: The employee dwelling unit shall not be leased or rented for any period of less than 30 consecutive days, and that if rented, it shall be rented only to tenants who are 32 ~.. ' ..~ ~• full time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avan and their surrounding areas. A full time employee is a person who works an average of 30 hours per week. In Area A, if an employee dwelling unit is sold, it shall be sold only to a full time employee in the Upper Eagle Valley. The owner shall occupy the unit or lease/rent as per the requirements in this section. In Areas A & D the employee dwelling unit shall nat be divided into any form of timeshare, interval ownership, or fractional fee ownership. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of the employee units in either Area A or Area D. 18.46.230 Time Requirements SDD Na. 4 shall be governed by the procedures outlined in Section 18.40.1.20 of the Town of Vail Municipal Gode. Section 9. Tf. any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid, Section 5. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any pr05eCUtiDII commenced, nor any other action or proceeding as 33 ' ~ ~~ ~• ' _. commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall. nat revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. A1J. bylaws, orders, resolutions and ordinances, ar parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS 19th day of November , 1891., and a public hearing shall be held on this ordinance on the 3rd day of December , 1g91 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 19th day of November , 1,991, V ~ ~~ Kent R. Rose, Mayor ATTEST: ~~ t(,(rJ Pamela A. Brandmeyer, Tawn Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by tiiele this ~ .3rd day of December , 1991. Mar aret A. Osterfos~', Mayor ATTEST; ~.~~a~ Pamela A. Brandmeyer, Town Clerk 34 . M~ ~ ~ , .~ £::IIIL'IT "A" Vail--F~ose 1.370 acre A part of the SW ~./4 NE 1/4 of Section 12, To~anshio' 5 South, flange B1 {•test of the btl~ P.M. , described ns follows: neginning at a point an the West line of said Sll 1/9 tJi~: 1/4 from which the North pne-quarter corner of said Section >acars T~ort!i D°i5' East 22G9.48 feet; thence llor~h 0415' fast, along said 1Jest Line, 152.35 feet to a point on theaouttzeaste='_;~ right of way line of U,S. High~yay tla. 6; thence, along said Southeasterly right of way line, as fallocrs: North 52077' East, 102.31 feet; North 49°?0' East. 519.57;feet; and North 4E3°13' East, 549.09 feat, more or less, to a paint on the Nort:z line °f said SIJ 1/4 NE 1/4; thence \orth 8B°33' East, along the North line of said 5~~1 1/4 yE, 365 feet, more ar less, to a paint on the centerline of Gore Creek; the::ce, alona_ the centerline of Gore Creed:, as `ol! atrs: South 36049' [•lest, 101.04 feed; South 1Qo21' west, 54.08 feet; South l°?,!' i~7est, 20].02 feet; South 3.7010' t•rest, 11.25 feed; and Sout}1 28°41' S~;est, 212.35 feet, thence Sout`t 7S°15' West, 1064.10 feet to the poi nt of begin:._:ag. Rose 4'srcei 3.190 aGZe. A tract of land situates in the Sl•:;~.Ea of Section 1~', Z"P 5 S. , R. 81 t,l. , of the 6th P.AI. lying Southerly of that certain ~tr~ct of Iand described in Book 199, Pace 197, Northerly and 1~lesrerls of. the center line of Gore Cree}:, anti lying t?ort.ierly and Easterly a£ those certain tracts described in Bank 211 at Page 106, Doo}: 21l at, >?ac~e 108 and Iioo}; ~1S at 1'aye 366, descrited as folloc~s Beginning at a point on the North-Soul`s center line of said Section 12 whence the North quarter corner of said Section 12 Uears t~. OOo15' E. 2269.48 feet; thence N. 75°I5' E. 346.26 feet to the true point of beginning, said point being on the South line of that tract described in Rnc~Y. 199, Page 197 and which bears S. 08g26` E. 22D5.34 feet from the North quarter corner of said 5ec~ian 12; thence N. 75°15' E. 717.84 feet slang t}ie Southerly line °l- that l:ract described in Haak 199, Fage 197 to the center r7f Gore Creek; thence S. 28°41` W. 130.61 feet along the center line of sa i c7 Creek; thence S, 05°24'30" E. 104,50 feet along the center line of said Creek; • thence S. 49°29' W. 95.5.0 feet along the center line of said Creek; thence S. 22034' W. 124.47 feet slang the center line of said Creek; thence S. 54°00' W. 119.34 feet along the center line of said Creak; to the Sa+~theast corner of that certain tract of lard described i.n 8ook 211, Page 108; . thence N. 33°16'30" W. 140.12 feet along the Easterly • line of that tract; described in Hook 21l at page IOB; thence N. 57042'30" W. 159.88 feet along the Northeasteriv line of that tract described in Haok 211 at page 108; tlsence N. 86°02' 30" W. 16Z. 92 feet along the Northerly line of those tracts described in nook 211 at Page 108 Book 211 at i'agc 10G to a paint; thence N. 32°57' 30" 41, 76. (}B feet along the Narthcasterly afne of that tract described in Book 215 at Page 365, t° the point of beginning. }iOELDLL PRQPETiTy DLV~LDrt~1f:,'I~ ARir11 ~ 35 }teede Parcel 1.26D acres • . Count}- of lvagle and 5tatc~ of Colorrado, tv witi 11 tract of land situated in tltie SW~SNC~ of Section 17. • To:rnstiip S ~• Sovt:t.r, R.~rtige 5,1 tJsst of tlia Gttt t'zittciaal bteridian, described as follows: 1leginriing at a point on the tloxth-South center line of said Section 12 «hencc the North, Quarter Cornet of sai~c' Section 12 bears North OD degs. 15 mins. East 2269.48 feet; thenca 1.lorth 75 degs, 15 mins. East 3x6.26 feet; thence South 3Z-degs. 57 mins. 3D secs. East 76.08 feet; thence South 11 degs. 00 mins. 3D secs, West: 279.99 ,Feet to•a point in the cetrter of Gora Crep4; tltet:ce Nori:h 5U degs. 32 thins. 1•rast 111.3], Leet aloha the Cents= line o.f said creel;; thenca North 38 deal. 4D mins. 1~;est 239,09 feat along the center limo of said creek; thence South 7G degs. 35 mins. test 89,91 fret along the center line of said Greek to a Paint or1 the North-South center line of said Section 12; thence North DD degs. 15 mins. East 13.95 feet along the lsorth-5outt; center line of saisi Section 12 to the point of beginning. Total GORE CREEK aSSCCIATES PROPERTY 1]EVLLUP!1)r:;'I' 11R%~S B, C t: D Leaal Descr'_otion 1b.820 sores 60.700 acres nll. that part of Section 12, To~mship 5 South, Rance 81 t~iest of the 6th P.:~1., described as fallo•;:s: nll that par4 of the N~NE'~ of Section 12, lying Southerly of the Southerly right-of-way line of U.S. }tigh•.aay No. 6 and Northerly of the Saut!~erly line of said iJ'}yE~, as shown on the plat on file in the office of the Eagle County C1erY. and Recorder as d°t~ument tJo. 97489, described as follo~~rs: Bevinning at the hight•ray survey monument: at then intersection ox the Southerly line of said highway and the Easterly line of said ta~iJE's, whence the NortheasL• corster of'said Section 12 bears North 0x43' LJest 634.785 feet; thence South 73oZ6'3D" West 111.2.13 feet along the Southerly right of way line of said highway; thenca 5auth 7t}o3A' West 125.10 feet along the Southerly right of way line of said highway= thence South 69°25' West 100,00 feet $long the Southerly right of wrsy line of said lsig]~way} ' thence South 6S°50' West 100. p0 feet along the Southerly line of said highway= •thenee South 52015' West 3.00.00 feet along the Southerly right of way line of said highway= ' thence South 59°a0' West 100.00 Feet along the Southerly xight of way line of uaid highway} ' thence 5auth 55°D5' West 1OO.D0 feet along the Southerly right of way line of said highway thence South 51032' West 100.00 feet along the Southerly.right of way line of said highway= • thence South 47°57' West 232.58 feet along the Southerly right of way line of said highway to a point on the Southerly line of acid N1~1~}E~ ; hence North 88°33' East 497.67 feat along the Southerly lure of said N~NE's to the center of the NE-s of said Section 12i thence North 88033' East X379,35 feet along the Southerly line of said N~tJE~ to the Southeast corner of said N~tdE~t thence ld©rttt 0°03' West 760.95 feet along the Easterly acne of .said N~NE~ to its intersection witlt the Southerly line of said highway, the point of beginning, .' .. •x 36 ~•• _ r. . i ~' ` ~ ~ co:FT~::uto ANb Ali that part of the SLJ~SNC~x of Section 12, Tying Southerl,~ of the ce:rtes nx Gore Creek as sho-~rn on the plat on file in the office of the Eagle County Clerk and Itecnrder as Document tlo. 97.199, described as follot,rs: Beginning at the Northeast corner of said St•t:t}>;;; thence South 88°33' West 131.67 feet to a point in the center of said Creek; . thence South 4U°09' 1•Jest 98.44 feet alc.ng tttL cc~;tter of said Cra°•k thence South i8°21' tiJest 54.08 feet along the center of said Cr°ek: thence South l°7~1' West 205.42 feet along the center of said Cree'r.; thence South 12°10' ZJest 110.25 feet along ttte center n_° said Creek; thence South 28041' West 320.00 feet; thence South 5°24'30" East, ].70.00 feet along rho center of said creel: ~ thence South 27°00'02" i•7est 85.29 feet along the center of said creek; thence South 54000' Jest 2S9.3A feet along the center of said creek= -• :.. .thence Sout`t 65034' tdest 109.62 feet along the center of said creek; thence South 5900x` L~iest 186.13 feet a1onQ_ the center of said creek; thence 5out`t 85°25' L,;est 68.88 feet along the center oI said crag}:: t}tence tJort:~ 77036' Lest 26.96 feet ai.oncs the center of said c_ssy; thence i}ort!i 50°33' t•.est 199.19 feet along th° center of saiGi cree4:: thence idart.'1 38Q40' 1Jes4 239.09 feet along t}:e center of solo c~2ek; thence 5aut:t 7F~°35' ti4e5t 84.91 feet along the cent~:r of said c_ee!:; to a point o n the t}esterly line oP said S1•i;i•'E~; thence South 0015' [•iest 4G1.90 f.eeL• to tl3e center of said Sect?cn 12; tlici~~c ?forth 89.02' East 13EZ2.65 feet alone the 5outhew~y line ai said SL;L3i)]w~ to the Sout:~aast corner of saki SL•+'sCl)/;; thence North 0°06' East 1381.32 feet aloha tt:e Easterl.? li.^.° of said 5S•i;iJE; to the Northeas4 carter of said SL~i'~~.Ea, the poi:t:. ai beginning, Att[3 •w • The N1~';SE~ of Section 12, Towns:tip 5 South, Range 81 1.1est of t::e 6th P.Dl. ; AND All. that part of the 5E,NLJt.; of Section 12, To'.~nship 5 South, Range 81 tJest of the 6t}t P.T`1. , lyi~tg Sout}ter3,y of the Southerly right of way line of U.S. 11igh~::ay No. 6, as sttot•rn on the plat on file in the office of the Eagle County Cler}: and Recorder as Document No. 97489, described as follotrs Beginniny at the Southeast corrner of said SE~tt1JL,,; thc:~tce Souttt 89002' 14est 835.95 feet along tha Southerly line of said SEssNtJ!~ to a point on the Southerly right of way line of said ]tiyhway = thence North 52035' East 1057.07 feet along the So~stherl~r rig}tt of way line of said highway to a point on the Easterly line of said SE;NSJ; ; th~:nce South 4°15' West 628.21 feet along the Easterly line of said 6E:NLJa to the Southeast corner of said $1a{N1•I;, the point of beginnings EXCEPT THE FOLLOL~IING that part described in Baak 1.88 at page 545; that part described in .Hook 191 at page 241; that part described in Hoo}; 203 at Page 231; 37 ~•~ i w ~" ` ,. . CD:~TI:;CiED , '! , that part described in Book 203 at page 5311 • that certain island adjacent to the above-described prvgart•f, and located in the middle ai: Gore Crep};, witic!-~ the parties intend tv eticl,ude frcm this transaction; Count} a>r Eag ]•e , , State of Co1ax•ado • ALSO TFIE FOLLO.IIi~G FACtCtL FORr-tQ,Lt Y.~O,1,1 A5 TI.c CJSG~iFr" PAfiC~L A tract of ]and situated to the SW 1/4 tr'r 114 of Section 12, To;:nship 5 Sputh, Rance 81 'Kest of 1.he Gth 1'ris,ri;~al ?•leridian, lping Wnrthwesterlp cif the center line of Gore Greek described as iollo~:s: Aeginnin~ at a oink ~rhence the )north Quarter Corner of saic ~e`ction 13 bears T,. ]1°(a3' h'. 229.72 feet; thEnce S. 6G°02'3t~" E. 59.50 feet; thence S. 54`42'30" L.. lE9.E6 feet; thence S. 33`1G'30" E., 10.12 feet td a point in the center of said 'creek; tt,ence 5. 65`34' 1:. 309.b~ feet along the center ]ine of said creek; thence S. 6~`C~~-' b~. :'C~.7$ feet slon~, the center line of sGici creek; thence l:. 23~11'3D" W. 317.54 feat to the point vi be~innin~, containing 1.05 acres, mort o; less. • ~LSU DESCF.7 E%U ' $e~inn3r:E at n ~c+;ni[ ~~her,c~ t:+e ~1t~Yth QVar~e: Cornet- of said ~EC~tivr ~Z beam ~3. 11'03' irf. ~~~~ .7Z feed; tl~fr~ce S. ~5°A3' i4" ~. $9. B~ feet; thence S. Si~ZS'3C~" E.. 165.G4 feet; thEnce 5. • 3'l°Sg'3O" E. 141.G7 feeC to a point in the ' center of said creel:; thence S. b5°31'36" t,'. ]C9.b7 feet along the center line of said creel:; thence S. I~9rUl'3b" 1•I• 103.02 feet a]ang tl~e Center lin£ of saki creek; thence N. Z3'2q'D9" 1•;. :s]~.(~~i ieet tt, the paint of beFinnin~,. . .. ' TDCETtiEi: ti']TH an eafiesaent aF described in 'Document ' ~ recorot-d Au~t;st S. ]yEt~ in Evok 306 at Pale 443 . ~ an:~ teto~•doc~ i:~ ~c~s~~ 30"~ at Page 8b of thi Esf:lE County records. nLSO ir,c]udinF all water and well rights , s appurtenant to Che above de!~cribed property~ . 3nc3udin~ t•ithout ]irritation, I~fe]] Ferc~it tfo. X4702, t:ater ri~thtt decreed in Givi] hc:ion fro. 2375 in Gage County District Court,-and s]] that Portia„ of ~:ater rights decrcrd 3n G:~fiE Nv. 1rG GW ~li~, Water Divieior, l:o. S. (CorE Na. 1 1de11 - U.hS c~~) 38