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HomeMy WebLinkAboutDAUPHINAIS MOSELEY FILING 1 PLAT REVIEWO Qucstioflall ttrc Planning Sraff at 479-;t I r'. A PPI,ICA'I'ION F'OR PI,ANNING A ND IiNVI RONIVI ENTA I, COMMISSION APPROVAL tl D/ 1[Pcvao 9BI*9q Commission. For spccifi c Thc application can not bc cwcd by thc Town Council an&or thc Dcsign Rcvicw Board. A. TYPE OF APPLICATION: . tr Additional GRFA (250) tr Bcd and Brcald;ut n Conditional Usc Pcnnit I Va.lor or tr} Minor Subdivision D Rczoning n Sign Variance D Variancc D Zoning Code Amcndntcnt b1 b1 mcntal cstcd. bc rcvi Amcndmcnt to an Approvcd Dcvclopment Plan Employcc Housing Unit (Typc: ) Major or D Minor CCI Extcrior Alteration (VailVillagc) tr Major or 0 Minor CCII Extcrior Altcration (Lionshead) D Special Dcvelopmcnt Disbict E Major or E Minor Amcndmcnt lo an SDD B,DESCRIPTIONOFTHEREQUEST: Replat lots 7. 8. 9. 10 into Lors 7, 9, & 10 and fr4 f ,c.GENERAL INFORMATTON A,mFOrlA This application is for nny projcct rcquiring approval by thc Planii'rlg'and Environ information, scc thc subntittal rcquircntcnts for thc particular approval that is rcqu acccptcd until all rcquircd information is subnrittcd. The projcct nray also nccd to tr n tr TOWN OF VAIL es on attached sheet - I-OCA'I'ION OF PROPOSAL: ADDRESS: Moraine Drive LoTLqrL{bLOCK----- FILTNClacpbi4ais-Moseley Slb, Fte #1 BUILDING NAME: D.ZONTNG: SDD #22 D.NAME OF OWNER(S): Dau inais-Moseley Construction. Inc. MAILINC ADDRESS:P. 0. Box 1515, Vail , Co. 81658 PHONE:476-8055 F. OIVNBR(S) SIGNATURE(S): C.NAMEOFREPRESENTATIVE: Patrick G. Dauphinais MAILINGADDRESS: P. 0. Box 15L5, Vait, Co. 81658 pHONE: 476-8055 FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. SUBMIT THIS.APPLICATION, ALL SUBMTTTAL REQUIREMENTS ANDTHE FEE TO THE DEPARTMENT oF COMMUNITY DEVELOPMENT, T5 sourH FRONTAGE ROAD, I VAIL, COLORADO 91657. For Office Use Onlv: FecPaid:{/,m ck#:_:e#l_ny: A.Q. "/, A: TYPE OF APPLICATION: . U Additionat CRFA (2S0)B Bcd and BrcaldiuitO Conditional Usc pcrmit tr Major or B Minor Subdivisiontr Rczoning n Sign Variancctr Variancc tr Zoning Codc Amcndmcnt Call TOWN OTVAIL GENERAI INFORMATION This application is for any projcct rcquiring approval by thc Planning and Environmcntal Commission. For spccific information' scc thc subntittal rcquircmcnts for thc particular upptoiol that is rcqucstcd.-Thc application can not bc' acccptcd until all rcquircd information is submittcd. Thc projcct nray also nccd to bc rcvicwcd by tn. fo*n Council and./or thc Design Rcvicw Board. B.DESCRIPTIONOFTHEREQUEST: V te lot line tr Anrcndmcnt to an Approved Dcvclopmcnt plan tr Employcc Housing Unit Clypc; )El Major or B Minor CCI Extcrior Atteration (VailVillagc) tr Major or El Minor CCII ExtcriorAltcration (Lionshead) tr Spccial Dcvclopmcnt Districttr Majoror E MinorAmcndmctrtto an SDD beLween lots #5 &#6, Dauphinais-Moseley Subdivision,Filing #1 and other changes as listed on the c. D, ADDRESS:14I0, I4I2 Moraine Drive ZONING: SDD #22 BUILDINC NAME: LOCATION OFPROPOSAL: LOT-:5,L L BLOCK_FIL;NGDaqnhinais-Moseley #1 E.NAME OF OWNER(S):Tony & Carolyn Johnson MAILINC ADDRESS: 2709 Hidden Creek Lane, NayzaLa, MN 55391 PHONE:612-471-9035 F. OIVNER(S) SIGNATURE(S): NAME OF REPRESENTAT Patri G. Dau hinais MAILINCADDRESS:P. 0.Box 1515 Vail Co. H.FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE. TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmenlal Commission Community Development Department June 8, 1998 A request for a major amendment to Special Development District #22, Grand Traverse, and a major subdivision to Lots 5 - 10' Dauphinais-Moseley Subdivision Filing #1, a resubdivision of Lots 1-19, Block 2, Lion's Ridge Subdivision Filing #3. Applicant: Pat Dauphinais Planner: George Ruther I. DESCRIPTION OF THE REOUESTS The applicant, Pat Dauphinais, is requesting a major amendment to Special Development District #22 (SDD) Grand Traverse, and a major subdivision to Lots 5 - 10 in the Dauphinais-Moseley Subdivision Filing #1. The major amendment to SDD #22 includes: / an increase in the allowable GRFA for all existing and proposed employee housing units from 500 square feet maximum to 800 square feel maximum' +- Z@ 4 { 1 a change in the allowable enclosed parking area (garage) square fooiage credit from 600 square-feet to 8OO sqUapl+-permit'adequlte enclosed parking for constructed emplorye housinsunits, @!) (tZWt*.) 9 & 1O,Thus eliminating two lots within thereplat Lois 5, 6, 7, 8, 9 & 10 into Lols 5, 7, Grand Traverse develoPment area, an increase to the maximum number of outdoor lig €i#\"'' (+{ liqr.rrs roe €Hq){ a moiification tolhe required setbacks on Lots 5,7, / a reapportioning of GRFA within the Grand Traverse development area' and / a reapportioning of the 600 square fooi garage credit. The major subdivision within the Dauphinais-Moseley Subdivision includes: . the replatting of existing Lots 5, 6, 7, 8, 9 & 1 0 and creating new Lots 5, 7, 9 & 10 (reduction of 2 lots). A copy of the existing subdivision and the proposed final plat have been attached for reference. t1 fed on each residential lot{ (t= t*^*5l,'l ) f :\everyone\pec\memos\98\sdd22.608 II. BACKGROUND Speciaf Development District t22 Malor Amendment . On May 7, 1991, the Vail Town Council introduced, read and approved Ordinance #10, Series of 1991, an ordinance repealing and reenacting Ordinance#13, Series of 1990, to provide changes to Special Development District #22 lhat concerned lot size, corresponding GRFA, employee dwelling units, and architectural guidelines. Ordinance #13, Series of 1990 was the original ordinance establishing SDD #22. . On September 22, 1997, the Community Development Department approved, and the Planning and Environmental Commission upheld, a minor amendment to SDD #22. The minor amendment allowed for changes to the architectural guidelines outlined in Section 11 of Ordinance #10, Series of 1991 . The changes included: . architectural guideline requiring that all the residences in ihe SDD have copper gutters and downsPouls, and . the ability for the residence constructed on Lot 14 to have the garage doors of the residence facing the road. pursuant to Section 12-9A-2, Definitions, a major amendment to a Special Development District is, in part, ,,Any proposal to change uses; increase gross residential floor area; change the number ot d-Gtting or accommodation units; modify, enlarge or expand any approved Special Development District." The staff has determined that, since the applicant is proposing to change the number of dwelling units in the SDD, lo increase the allowable GRFA for employee units, this application shall be a major amendment. Major Subdivision . On April 17, 1990, the Vail Town Council approved the final plat for the Dauphinias- Uosetey Subdivision, Filing #1. The final plat created 24 residential lots comprising6.042 acres ahd eslablished 3.741 acres of dedicated open space. The 24lots and the . dedicated open space make up the area of Special Development District #22. With the exceplion of a vacation of a property line defining the boundaries of Tract C, tlg changes to the original plat have been made. ln accordance with Section 13-2, Definitions, of the Town of Vail Subdivision Regulations, a major subdivision is defined as, .Any subdivision involving more than four (4) lots, or a subdivision proposal without.all. lots having frontage on a public, approved street, or with a request to extend municipal facilities ii a signfRcant manner, or a proposal which would negatively affect the natural environment as determined under Section "12-'12'2." The siaff has determined that since this application involves more than four platted lots, it is a major subdivision to the Dauphinais-Moseley Subdivision. f:\everyone\pec\memos\98\sdd22.608 III. SPECIAL DEVELOPMENT DISTRICT REVIEW CRITERIA The following are the nine Special Development District review criteria to be utilized by the planning anj Environmental Commission when evaluating a Special Development District major amendment: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adlacent properties relative to architectural design, scale, buli, building height, buffer zones, identity, character, visual integrity and orientation. staff believes the proposed major sDD amendment will not have any negative impacts on the above-described criteria' The proposed majo.r ame.ndment does noi effect the design compatibility of the development, nor will it affect the archifectural desig-n, scale, identity, etc. relative io the existing neighborhood and adjacent ProPerties. Theamendmentwillhaveas|ightimpactonthebulkandmassofsixofthe residences constructed in the sDD. The applicant is proposing to eliminate two lotswithintheSDD'however,theapp|icantisnotproposingtoe|iminatethe GRFA approveo ioi tnoie lots (replii Lots 5, 6, 7, 8, I & 1 0 into Lots 5' 7' I & 10)' Instead, the GRFA from the combined area of existing lots will be reapportioned "tong ine newly created lots and Loi 2' This reapportioning of GRFA' if approved, will result in more GRFA on several of the lots which equates to slightly larger buildings in terms of both bulk and mass' An analysis of the GRFA redistribution is provided below: Lot No:Lol Area: Existino Proposed 12,197 23,330 (+1 1 ,1 33) 11,543 15,393 (+3,850) 11,456 14,5E8 (+3,132) 11,979 14,429 (2,450) 16,248 16,248 (N/c) GRFA: Existino Prooosed 2,718 6,314 (+3,s96) 3,596 4,495 (+89e) 3,596 4,49s (+899) 3,596 4,495 (+899) 3,596 4,495 (+89e) Garage: Existino Prooosed 600 1,200 600 750 600 750 600 750 600 750 Site Coverage: Existino Prooosed 25Yo 20% Gs%) 25o/o 25o/o (N/c) 25% 25% (N/c) 250h 250h (N/c) 25% 25Yo (N/c) 10 B. Uses, activity and density which provide a compatib|e, efficient and workab|e relationship with surrounding uses and activity' Approva|ofSDD#22permitsatota|of24.sing|e-fami|ydwe||ingunitsontheentire crand Traverr" p;ilJrtt. A rinir*r of 6 eriployee dwelling units are required to be c. built into any 6 of the single-family dwelling units. Additional employee units, up lo a totaf of 24, may be constructed in the development if desired by the developer or lhe individual lot owners. The applicant, via a major subdivision application, is proposing to re_duce the total numUbi of residential lois in the Grand Traverse developmenltrom 24 to 22' Staff does noi believe that this reduction will have any negative impacts on the existing or potential uses, activities or densily within the sunounding areas. As mentioned previously, the developer shall build a minimum of 6 employee dwelling units within the develophent. Each employee dwelling unit shall have a minimum iqu"r" footage offour hundred (400) square feet not to exceed five hundred (500) square feet, iccording to the SDD ordinance. The GRFA shall not be counted toward allbwable Cnfn tor the SDD. The developer may choose to transfer up to three nunareo (300) square feet of GRFA from the primary unit t_olhe employee.unit. This Cnfn transfer shall be deducted from the total allowable GRFA for the primary unit' The applicant is proposing to increase the total allowable GRFA for the employee awelrini units from five hundred (500) square feet maximum to eight hundred (800) square-feet maximum. This GRFA increase shall only be available for use when constructing an employee unit. The additional three hundred (300) square feet of GRFA shalinot be eligible for use in the primary unit. No other changes to the Jeuelopment siandards are proposed (i.e., site coverage, building height' etc.). staff believes that this request is reasonable and will have no negative impacts on the exis1ng development or sunounding uses. Slaff believes that the additional GRFA will irt;"; and enhance the overall quality and livability of the employee units constructed in the development. Gompliance with parking and loading requirements as outlined in chapter 10. pursuant to subsection 4B(5XAX1) of Ordinance #10, series of 1991, (the ordinance establishing SDD #22), .'garageSpacesofuptothreehundred(300)squarefeetperg€ragespacenot e-xceeling a maximum of t\ilo spaces for each allowable dwelling unit and one for each allowable employee unit," shall be excluded from calculation as GRFA' Historically, staff has interpretation this to mean lhat whether an emplolyee unit is constructed or not, the miximum allowable garage credit shall be six (600) hundred ;q;; feet total. ihe applicani has disagreLd with the staffs interpretation and *iin". to resolve the isiue. The applicant is proposing to amend the text in Subseclion 4B(5XAX1) to read as follows, "Garage spaces of up to three hundred (300) square feet per,garage space not exceeding a maximum of two spaces for each allowable dwelling unit and three huidred (gOO) aquare feet not excaeding a maximym..of one space for each allowa6le dnrptoyee housing unit. This regulation shall apply to each of ihe lots in the developme'nt wittr the Lxception of Lots 2, 5,7,9 & 10. On these lots, the garage credit for the primary unit shall be as follows: D. Lot 5 - 1,200 square feet Lots 2, 5, 7, I & 10 - 750 square feet" Staff believes the text as amended is consistent wilh the intent of the off-street parking requiremeni outlined in Chapter 10 of the Municipal Code, with the exception of the increased garage credit for the primary units on Lots 2, 5, 7, I & 10. On those lots, staff does not believe that an increased garage credit is reasonable, nor appropriate. Staff can find no justification for increasing the garage credit on these five lots in the development. Again, with the exception of the increased garage credii for five primary uniis, staff believes that the clarified interpretation is consislent with the off-street parking requirement for employee unils in other zone districts. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plans. chapter 11, Design Review, of the Municipal code regulates outdoor lighting on residential lots in the Town of Vail. According to Section 12-11-5(J), in part, ,For lots in residential zone districts, the maximum number of outdoor light sources per lot shall be limited to one light source per one thousand feet of lot area. The localion of the lights shall be left open to the discretion of the property owner, so long as the lights are in compliance with this Code'" Additionally, the following lighting regulation was adopted with the establishment of SDD #22, ,, outdoor lighling shall be indirect wilh a concealed light source excepl for an entry chand-elier which may be exposed globes with a fixture of black or weaihered copper-like metal. All exterior lighting shall be reviewed by the DRB." The regulation prescribed for SDD #22 makes no mention of the maximum number of lights. The establishment of SDD #22 (1990), and the lighting regulations contained within, pre-dates the adoption of the Town's Outdoor Lighting Regulations (19.91) Prior to the idoption of the Town's lighting regulation, there was no restriction on the maximum number of outdoor lightsbn thie lots in the SDD. Since the adoption of the Town's regulation, the staff ias regularly applied both the Town's lighting regulations' as well as the regulations prescribed in the SDD. Due to the clustered nature of SDD, and the resulting lot sizes, outdoor lighling wiihin the development has been limited to as few as eight lights per lot. The applicant has requested io increase the maximum number of lights per lot to ol? llS.ll per thousand square feet of lot area plus seven (i.e., 10, O0O square foot lot = 1/1000 square feet (10) + (7) = 17 lights total. staff agrees lhat there should be a change to the outdoor lighting maximums, howev6r, we disagree with the applicant's approach. Due to the relative similarity of lot sizes in the development, staff would prefer to simply allow 15 lights per lot regardless of the lot size. Staff believes that 15 lights is reasonable given Uniform Building Code lighling requirements and the use of outdoor lighting for aesthetic purposes. Additionally, the Town has recently amended the Outdoor Lighting regulations exempting cerlain type of low level, fully cutoff, ground lighting. Staff would suggest that Subsection 4A(1 1)(a)(ii)(9) of Ordinance #1 0, Series of 1 991 , be amended lo read as follows: E. ldentificataon and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards, orfloodplain that affect this request. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. To facilitate the proposed major amendment, the applicant is also requesting a major subdivision io the Dauphinais-Moseley Subdivision. The major subdivision would reduce the total number of lots in the subdivision trom 24 to 22. As a result of the major subdivision and the creation of the new lots, there will be a slight modification to the setbacks on the new lots. Setbacks for the entire development are prescribed on the Approved Development plan prepared by Amold/Gwathmey/Pratt Architects, dated March 22, 1990. The appliiani is proposing to amend the rear and sideyard setbacks on the newly created lots only. No other changes to the setback requiremenis are requested. An analysis of the revised setback is provided below: Setbacks Lot No: Side: Front: Back: Existinq Prooosed Existino Proposed Existino Prooosed 5 10' 20' (+10) 10' 10' (N/C) 60' 60' (N/C) 7 10' 12' (+2) 10' 10' (N/C) 57'. 57' (N/C) 9 10' 12' (+2) 10' 10' (N/C) 54' 55' (+1) 10 10', 12' (+2) 10' 10' (N/C) 48' 48', (N/C) A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The staff believes lhat this review criteria is not applicable to the applicant's proposed Major SDD Amendment. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The staff believes that this review criteria is not applicable to the applicant's proposed Major SDD Amendment. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. As discussed previously, a major subdivision to the Dauphinais-Moseley Subdivision is proposed. See Section lV of this memorandum for greater details. IV. MAJOR SUBDIVISION REVIEW CRITERIA According to Section 13-3-4, Commission Review, Criteria, of the Town of Vail Municipal Code: "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, uiility companies and other agencies consulled under subsection 13-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town." The first set of review criteria to be considered by the PEC for a major subdivision application ls as follows: A. Lot Area There is no minimum or maximum lot size prescribed for SDD #22. The majority of lots range in size from 8,494 square feet to 16,248 square feet. Staff believes that the proposed lot sizes comply with the intent of sDD #22 and are compatible with surrounding development. B. Fronlage The Subdivision Regulations require a minimum frontage of 30'along a public or private street. All of the new lots proposed by the applicant meet this requirement. G. H. C. Site Dimensions The Zoning Regulations require lhat each site be of a size and a shape capable of enclosing a square area, 80' on each side, within its boundaries. The applicani's proposal adheres to this requirement. The second set of review criteria to be considered with a major subdivision request is as outlined in the Subdivision Regulations, and is as follows: The subdivision purpose statements are as follows: 1. To inform each subdivider of the standards and criteria by wttich development and proposals will be evaluated and to provide information as to the type and extent of improvements required. Staff Response: One purpose of subdivision regulations, and any development control, is to establish basic ground rules which the staff, the PEC, the applicant and the communily can follow in the public review process. Although this request does not involve the creation of a new subdivision, this is the appropriale process to amend the subdivision. 2. To provide for the subdivision of property in the future without conflict with development on adjacent property' Staff Response: Staff does not believe the requested major subdivision will result in conflicts with existing or potential development in the vicinity of SDD #22. 3. To protect and conserve the value of land throughoul the municipality and the value of buildings and improvements on the land. Staff Response: The proposal will not have a negative impaci on this criterion. 4. To insure that subdivision of property is in compliance with the Town Zoning Ordinance, to achieve a harmonious, convenient, workable relationship among land uses. consistent with municipal development objectives. Staff Response: Staff believes the proposed major subdivision continues to be in compliince w1h the intent of SDD #22 and will achieve harmonious, convenient, workable relationships among ihe sunounding land uses and is consistent with the Town's development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient traniportation, watei, sewage, schools, parks, playgrounds, recrealional and olher publii requirements and facitities and generally to provide that public facilities will have sufficieni capacity to serve the proposed subdivision. Staff Resoonse: The proposal will not have a negative impact on this criterion. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction, design standards and procedures. Staff Resoonse: The proposal will provide accurate legal descriptions for the properly. l'l I _l Hd ljrl l;ilrlEI hil I I ffiil tl rilatl !tll!.rllrA:ll lll ill i ij:r !LtlrlirrJl t. i; iri 5! 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To prevent the pollution of air, streams, and ponds, to assure adequary of drainage facilities, lo safeguard the water table and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the iniegrily, stabiliiy, and beauty of the community and the value of land. , : ; Staff Response: This proposal will not have any negative impacts on the .,.: above-described criterion. rv. siAtr necouraeruoaroru,..'. Special Development District #22 Major Amendment. The Communiiy Developmenl Department recommends approval of ihe requested major amendment to Special Development District #22. Staff's recommendation of approval is based upon the review of the criteria and factors outlined in Section lll of this memorandum. Should the Planning and Environmental Commisslon choose to approve the applicnt's request, the staff would recommend the Planning and Environmental Commission make the following conditions part of the approval: 1. That the maximum garage credit for each of the primary units constructed in the development nol exceed six hundred (600) square feet. 2. That the maxihum number of ouldoor lights permitted on each of the lols in the development not exceed 15 lights total. Should the Planning and Environmental Commission choose to approve the applicant's requests, staff would recommend the Planning and Environmentat Commission make the following findings: That ihe proposed major amendment to Special Development District #22, Grand Traverse, is consistent with the intent of the district and the purpose of special development districts, as defined in Section 12-94-1 of the Municipal Code of the Town of Vail. The Commission further finds that the major amendment complies with the criteria oullined in Section 12-94-8 of the Municipal Code and Section lll of the staff memorandum' Major Subdivision. The Community Development Department recommends approval of the requested major subdivision to Special Development District #22. Staff's recommendation of approval is based upon the review of the criteria and factors outlined in Section lV of this memorandum. Should the Planning and Environmental Commission choose to approve lhe applicant's requests, staff would recommend the Planning and Environmental Commission make the following findings: That the proposed major subdivision to the Dauphinias-Moseley Subdivision, Filing #1 complies'with requirements outlined in Section 13-3-4 of the Municipal Code of the Town of Vail and Section lV of the staff memorandum. Q^*" M ?^Po5€c, r{Ll6 A,+lu-t ,M g v^av\o -[ 66od # ffiEe 5-o A,-r.re :5-o 6e €t+t . *l: F -l q "%rE igsF tre9G EIiF $lE H* *t e q aiilo- :tl ck =id. =**B %*!.i l- I t i 9 :: I: ! t :l ! ;l'' q.t$\{* :l\ 4A\ tI 7.21((\ r B ?8! 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I Ao ffi$ t C0PIoo"r.ao,os ro"' PLANNING AND ENVIRONMENTAL COMMISSION Monday, June 8, 1998 FINAL AGENDA Project Orientation / LUNCH - Community Development Department 11:30p.m. MEMBERS PRESENT John Schofield Galen Aasland Ann Bishop (left at 5:30 Pm) Brian Doyon Tom Weber Site Visits : 1. Vail Associates - Tract D, Vail Lionshead 1st' 2. Adam - 706 Forest Road 3. Grand Traverse - Dauphinais-Moseley Subdivision Filing #1 ' 4. Dayco - 1315 SPraddle Creek Road 5. Rad Five L.L.C. - 4469 Timber Falls Court 6. Accardo - 1998 Sunburst Drive 7. Bass - 345 Mill Creek Circle 12:30 p,m. George NOTE: lf the PEC hearing enends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p m Public Hearinq - Town Gouncil Chambers 2:00 p'm' 1. A request for additional GRFA, utilizing the 250 ordinance, to allow for the expansion of the fiont entry, located at 2oo5 west Gore Creek Drive/Unplatted. Applicant: Tom Thomson, represented by John Perkins Planner: Christie Barton MOTION: Galen Aasland SECOND: Ann Bishop VOTE: 5-0 APPROVED 2. A request for additional GRFA, utilizing the 250 ordinance, to allow for the construction of a residential addition, located at 1998 Sunburst Drive/Lot 19, Vail Valley 3rd. Applicant: Nale Accardo, represented by Fritzlen, Pierce, Briner Planner: George Ruther MOTION: Galen Aasland SECOND: Ann Bishop APPROVED WITH 1 CONDITION: o ILr MEMBERS ABSENT Greg Moffet Diane Golden Driver: @ VOTE: 5-0 i, I Updated 6/09 lOam 1. That the construction signage be brought into compliance with the Town of Vail sign regulations. 3. A requesl for additional GRFA, utilizing the 250 ordinance, to allow for lhe conversion of a garage to GRFA, and for the expansion of the mechanical room, located at 345 Mill Creek CircleiLot 14, Block 1, Vail Village 1st. Applicant: Lee M. Bass, represented by Snowden and Hopkins Planner: George Ruther MOTION: Ann Bishop SECOND: Tom Weber VOTE: 5-0 APPROVED WITH 1 CONDITION: 1. That the Town of Vail Public Works Department review and approve the proposed Parking Plan. 4. A worksession to review an amendment to a previously approved plan for the Timber Fa|lsDevelopment,|ocatedat446gTimberFa||sCourt/unp|atted. Applicant: RAD Five L.L.C., represented by Greg Amsden Planner: Dominc Mauriello WORKSESSION - NO VOTE 5. A request for an extension of a conditional use permil for the Lionshead Children's Tent, g"nu'r"ff' located next to the Lionshead Children's ski school/Tract D, Vail Lionshead 1si. Applicant: Vail Associates, represented by David Thorpe Planner: Christie Barton TABLED UNTIL JUNE 22' 'I998 6.Arequestforaminorsubdivisiontoamendabuildingenvelope,toallowforthe instailation of a gazebo, located at 1315 Spraddle Creek Road/Lot 12, Spraddle Creek Estates. Applicant:DaycoHo|dingCorporation,representedbyDavidArgoofNoName Architects Planner: Dominic Mauriello MOTION: Brian Doyon SECOND:Ann Bishop VOTE; 5-0 APPROVED 7. A request for a major amendment 10 Special Development Disirict #22' Grand Traverse' and a request toi a maior subdivision fbr Lots 5, 6, 7, 8, 9 and 10, Dauphinais-Moseley Subdivision Filing #1. Applicant: fetrick DauPhinais i Planner: George Ruther Updated 6/09 lOam MOTION: Galen Aasland SECOND: Ann Bishop VOTE: 5-0 APPROVAL FOR RECOMMENDATION TO TOWN COUNCIL- MAJOR SUBDIVISION MOTION: Galen Aasland SECOND: Ann Bishop VOTE: 5-0 APPRoVALFoRREcoMMENDATIoNToToWNcoUNc|Lw|TH3coND|T|oNs- SDD #22 MAJOR AMENDMENT 1. That the maximum garage credit for each of the primary units constructed in the development not exteed six hundred (600) square feet' unless and EHU is Constructedonthelot,inwhichcase,anadditional600sq'ft.garagecreditbe allowed. 2. That the maximum number of outdoor lights permitted on each of the lots in the development not exceed 15 lights total' 8. A request for a front setback variance, to allow for a proposed residential addition' localed at 706 Forest Road/Lot 9, Block 1, Vail Village 6th' App|icant:NancyAdam,representedbyFritz|en,Pierce,BrinerArchitects Planner: Christie Barton MOTION: Ann Aishop SECOND: Galen Aasland VOTE: 4-0 (Tom Weber recused) APPROVED WITH 1 GONDITION: 1. That the applicant shall maintain a limit of disturbance line as shown on the site p|an.Nobuildingadditionsshallbeallowedbeyondlhis|ineinthefuture.This limit of Oisturban"ce anO any associated variances will become obsolete if the duPlex is demolished and rebuilt' 9. A request for a worksession to discuss a major amendment 10. special Development District #6, Vail Village Inn, to allow for a hotel redevelopment, located at 100 East Meadow Drive, Lots M and O, Block 5D, Vail Village 1st' Applicant: Daymer Corporation' represented by Jay Peterson Planner: George Ruther TABLED UNTIL JUNE 22' 1998 10. A request for a side setback variance, to allow for the construclion of an additional garage, located at 813 Potato Patch Drive/Lot 1, Block 1' Vail Potato Patch' Applicant: Liz & Luc Meyer, represented by William Pierce Planner: Dominic Mauriello TABLED UNTIL JUNE 22,1998 Updated 6/09 lOam 11. A request for a conditional use permit, to allow for a bed and breakfast operation, located al 1779 Siera Trail/Lot 18, Vail Village West Filing #1 . Applicani: Malin Johnsdotter/ Robert Zeltman Planner: Christie Barton TABLED UNTIL JULY 27,1998 12. A request for a final review of a major amendment io SDD #4, to allow for a fractional fee club ind a change to the approved Development Plan, located at 1325 Westhaven Dr., Westhaven Condominiums/ Cascade Village Area A. Applicant: Gerald L. Wurhmann, represented by Robby Robinson Planner: George Ruther WITHDRAWN 13. Information UPdate 14. Approval of May 18, 1998 minutes' TABLED UNTIL JUNE 22,1998 The applications and information about the proposals are available for public inspection during i"grl"r'offi"" hours in the project planner's 'office located at the Town of Vail Community Djvelopment Department' 75 South Frontage Road' Sign fanguage interpretatton available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing lmpaired, for information. Community Development Department Published June 5, 1998 in the Vail Trail. ORDINANGE NO.9 Series of 1998 ftE 5iqto con i,-l 'fo".t.t \tal(s ofF;6 AN ORDINANCE REPEALING AND REENAGTING ORDINANCE NO. IO, SERIES OF 199I, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, THAT CONCERN THE LOT SIZES, THE NUMBER OF LOTS, THE CORRESPONDING DEVELOPMENT STANDARDS AND ARCHITECTURAL GUIDELINES; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 9 of the Vail Municipal Code authorizes Special Development Districts within the Town: and WHEREAS, The Town Council approved Ordinance No. 10, Series of 1991 Special Development Districl No. 22, Grand Traverse; and WHEREAS, Dauphinais-Moseley Construciion has requested to amend the existing Special Development District No. 22; and WHEREAS, Section 12-9A-10 of the Vail Municipal Code provides procedures for major amendments to exisling Special Development Districts; and WHEREAS, The applicant has complied with the requiremenls outlined in Section 12-94-10 of the Vail Municipal Code; and WHEREAS, The Special Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, There is an identified need for qualiiy affordable housing in the community; and WHEREAS, On June 8, 1998, the Planning and Environmenlal Commission held a public hearing on the major amendment proposal and has recommended that certain changes be made to Special Development District No. 22, Grand Traverse: 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 re-enacl Ordinance No. 10, Series of 1991 to provide for certain changes in Special Development District No. 22, Grand Traverse. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 10, Series of 1991 is hereby repealed and re-enasted to read as follows: Section 1. Amendment Procedures Fulfilled. Planning Commission Reoort The approval procedure presoibed in Title 12, Chapter 9, Seclion 10(B) of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of o the proposed development plan for Special Development Dislrict No. 22. Sec{ion 2. Special Develooment Districl No. 22 Special Development District No. 22 (SDD 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. Sec{ion 3. Pumose Special Development Disirist No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets each of the design slandards and criteria as set forth in Section 12-9A-8 of the Vail Municipal Code. There are significant aspects of Special Development District No. 22 that are difficult to satisff through the imposition of the standards of the underlying Primary/Secondary Residential Zone District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be possible under the cunent zoning of the property. The smaller single-family lots provide the opportunity for a common open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an appropriate development plan to pneserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. Section 4. Developmenl Plan A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development Districi. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents: 1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado, Intermountain Engineering, dated July 7, 1998. 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 199E. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1-19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 end 2, Intermountain Engineering Limited, dated April 19, 1989 and Final Plat of Dauphinais-Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5, 6, 7, E, 9 7 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 199E. 2 4. Construction, grading and drainage drawings for a resubdivision of Lots 1-19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, lnlermountain Engineering Limited, sheets 1-8, dated March 9, 1989. 5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing. 6. Lionsridge Color Palette, Amold/Gwathmey/Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August 23, 1990 and July 21, 1998. B. The development standards shall be as follows: 1. Acreage: The total acreage of this site is 10.69 acres or465,650 square feet. 2. Permitted UseF: The permitted uses for SDD 22 shall be: a. Single family residential dwellings b. Open space c. Public roads d. Employee dwelling units as defined in Section 5, paragraph G of this ordinance. 3. Condilional Uses: a. Public utility and public service uses b. Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities 4. Accessorv Uses: a. Privategreenhouses,toolsheds,playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to singl+family uses. b. Home occupations, subjec{ to isEuance of a home occupation permit in sccordance with the provisions of Sec{ion 12-14-12 of the Vail Municipal Code. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessaryforthe operation thereof. 5.Lots Sizes and Maximum GRFAS: LOT 1 2 3 4 5 7 s 10 11 't2 13 14 15 16 17 1E 19 20 21 2, 23 24 stzE 11 ,E05 16,248 11,500 11,76'l 23,330 15,393 1t|,588 14,429 10,803 12,981 15,159 11,151 E,536 8,494 8,494 10,062 9,14E I,E01 10,237 9,409 9,148 10,629 GRFA 2,293 4,070 3,',t71 2,293 5,889 1,O70 4,070 4,070 3,171 3,171 3,171 3:t71 2,293 2,293 2,293 3,171 3,171 2293 69,052 3,596 2.718 7E,402 MAX GRFA INCL.425 SQ. FT. ALLOWANCE PER UNIT 2,718 4,t195 3,596 2,718 6,314 4,495 4,495 4,495 3,596 3,596 3,596 3,596 2,71E 2,718 2,71E 3,596 2,293 2,71E 3,171 3,596 3,171 3,596 2,253 2,718 GRFA shall mean the total square footage of all levels of a building, as measured at the inside face of the exterior walls (i.e. not including funing, sheetrock plaster and other similar wall finishes). GRFA shall include, but not be limited to, elevator shafts and stainilells at each level, lofts, fireplaces, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches, terraces or patios shall also be included in GRFA, unless they meet the provisions of paragraph A below. Within buildings containing two or fewer dwelling units, the following areas shall be excluded from calculalion as GRFA: 1. Garage spaces of up to thrce hundred (300) squarc feet per garage space not exceeding a maximum of two spaces for each allowable A. dwelling unit and one trvo space$or each constructed employee unit.tr 2. Attic space with a ceiling height of five feel or less, as measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of a roof with truss-type members will be excluded from calculalion as GRFA provided the trusses are spaced no greater than thirly inches apart. 3. Crawl spaces accessible through an opening not greater than twelve square feet in area, with five feet or less of ceiling height, as measured from the surface of the earth to the underside of structural floor members of the fl oor/ceiling assembly above. 4. Roofed or covered decks, porches, tenaces, patios or similar feature/space with no more than three exterior walls and a minimum opening of not less than 25% of the lineal perimeter of the area of said deck, porch, tenace, patio, or similar feature/space provided the opening is contiguous and fully open from floor to ceiling, with an allowance for a railing of up to lhree feet in height. GRFA shall be calculated by measuring the total square footage of a building as set forth in Section 12-2-2 o1 lhe Vail Municipal Code. Excluded areas as set forth in paragraph A shall then be deducted from lotal square footage. In addition to the above, four hundred twenty-five square feet of gross residential floor area (GRFA) shall be permitted for each allowable dwelling unit not to include any reslricted employee housing unit. 6. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated July 7, 1998. A &foot roof overhang shall be allowed in the front setback for Lots 15-19, provided the rear setback is increased by 4 feet. A 4-foot roof overhang shall be allowed in the rear setback of tots 20-24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2'feet into the required side setback of 10 feet for each lot. An unenclosed, unroofed, deck or paiio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lots 1-14 and Lots 20-24. No other setback encroachments shall be allowed. I 7.Density:single-family nits shall the height of the building shall not exceed 30 feet. For a sloping roof, the height of the building shall not exceed 33 feet. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated per Section 12-2-2 of lhe Vail Municipal Code. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings with the exception of Lot 5. On Lot 5, not more than 20 percent of the total site area shall be covercd by a building. "Site coverage" shall mean the ratio of the total building area on a site to the total area of a site, expressed es a percenlage. For the purpose of calculating sile coverage, "building area" shall mean the total horizonlal area of any building as measured from the ederior face of perimeter building walls or supporting columns above grade or at ground level, wtrichever is the greater area. Building area shall include all buildings, carports, porte cocheres, arcades, and covered or roofed walkways. In addition to ihe above, building area shall also include any portion of roof overhang, eave, or covered stair, covered deck, covered porch, covered tenace orcovered patio that extends more than four feet from the exterior face of perimeter building walls or supporting columns. Parking: Parking shall be as required in Title 12, Chaprer 10 of the Vaii Municipal Code. Each employee dwelling unit shall be required to have at least one enclosed garage parking space. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: Architectural. The architectural design of the buildings upon the site shall be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to those around it, but that compatibility be achieved throug\he use of scale, materials and colors, and /l[ 6l For 9. 10. 11. of this development plan shall permit a units on ihe entire property. A minimum of 6 employee A maximum of 22 employee dwelling units shall be perm b. building shape and form. The oveniding oonoem is that, upon completion, the Special Development District, because of the clustered nature of the small single family lots situaled around common open space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: A palette of colors shall be as set forth in the Lionsridge Color Palette from Amold/Gwathmey/Pratt dated March 1990. Colors are indicaied for the use on different gpes of building materials and elemenls such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicate a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. The following building standards and materials shall be adhered to: Roof. The roof pitch shall be a minimum 8112 and a maximum of 12112. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed and reviewed by the Design Review Board. The roofing material shall be cedar shake shingles with staggered butts. Chimneys. The chimneys shall be stucco wilh chimney caps of wealhered copper. Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. Main Fascia. The main fascia shall be a solid color stain, with brown, taupe, or gray. Secondarv Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent lrim color to be reviewed by the DRB. Walls. Walls shall be of stucco and horizontal or vertical wood siding. Stucco colors shall be gray, beige or off-white. Wood siding colors shall be gray, brown or laupe. Stone. Residences will have a minimum of a two foot high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the struc{ure except under docks where substantially concealed by landscaping. \Mndows. Windows shall be recessed a minimum of two inches from the outside wall plane and have a sandstone sill. Trim shall be whiter taupe or bro\ rn. c. (1) (2) (3) (4) (s) (6) (7) (8) (e)Outdoor Lighting, Outdoor li except for an enlry cha which may be exposed globes'Wi (11) look metal. The maximum number of outdoor lights permitted on each lot shall be 15 regardless of lot size. Outdoor lights which conform with Ordinance #22, Series of 1997, shall be exempt. All exterior lighting shall be reviewed by the DRB. Garaoes. No garage doors shall directly face the street, except on Lot 24 and Lot 14. A residential address/nameplate if desired by the owner shall be located on the side of the garage facing the access point to the lot. t/vhen the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequale screening between struclures. (12) (10) 12. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rat€ for a single-fami$ residential zone district. Section 5. Conditions of Aooroval The major amendment to Special Development District No. 22, Grand Traverse, shall not be effective until the major subdivision is recorded by the Town of Vail at the Eagle County Clerk and Recordefs Office. The major subdivision shall be recorded al the Eagle County Clerk and Recorde/s ffice prior to a building permit being released for any construction on Lots 2, 5,7,9 or 10. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee dwelling units within SDD No. 22: 1. The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed E00 squarc feet and is allowed to have a kitchen. The GRFA and number of employee units shall not be counted toward allorable density or B. c. 2. GRFA for Special Development District No. 22. The developer may choose to transfer up to 300 sq. ft. of GRFA from the primary unit to the employee unit. The GRFA transfened will be deducted from the total allowable GRFA of the primary unit. The developer may provide up to 15 employee dwelling units including the 6 required dwelling units if so desired. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of 15 units allowed. An employee dwelling shall be incorporated into ihe structure of the primary residence and shall not be allowed to be separated from the primary unil. Each employee dwelling unit shall at leasi one enclosed garege parking space. This parking space shall not be detached from the single-family garage or struclure. Each phase of construclion shall include a minimum of one employee dwelling unit until six employee dwelling units are constructed and available for renlal. The Employee Housing Unit shall be leased lo tenanls who are full- time employees who work in Eagle Coun$. An EHU shall not be leased for a period less ihan thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of thirty hours each week. An EHU may not be sold, transfened, or conveyed separately from any two family dwelling it may be a part of. The EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town of Vail. No later than February 1 of each year, the owner of each employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unit has been rented throughout the year, the rental rate, the employer, and that each 3. 4. 5. 6. tenant who nesides within the employee housing unit is a full-time employee in Eagle County. 7. The owner of each EHU shall rent the unit at a monthly rental rale consistent with or lower than those market rates prevalent for similar properties in the Town of Vail. 8. The Town of Vail Housing Authority will determine the market rate based on the study of other units of comparable size, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. lf the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. In addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. 10. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, lerminated, or amended except by the written consent of boih ihe Town of Vail and the Owner of the property D. The architeclural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorde/s Office. The Town Of Vail shall be party to these agreements. Section 6. Amendments Amendments to Special Development District No. 22 shall follow the procedures contained in Section 18.40.100 of the Vail Municipal Code. Section 7. Expiration The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligenily toward completion of the project. lf the applicant does not begin and diligently work loward the completion of the Special Development Distrist or any stage of the Special Development Distrist within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be eXended, that the approval of the l0 Special Development District be revoked, or that the Special Development District be amended. Section 8. lf any part, seslion, subsection, sentence, clause or phrase of. this ordinance is for any reason held to be invalid, such decision shall not affeet the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each parl, section, subsection, sentence, clause or phrase thereol regardless of the facl that any one or more parts, sections, subsestions, sentences, clauses or phrases by declared invalid. Section 9. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Sestion 10. The repeal or the repeal and reenaclment of any provisions of Vail Municipal Code as provided in this ordinance shall not affecl any right which has accrued, any duty imposed, any violation that occuned prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenaeted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Seclion 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistensy. This 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 7 dAY Of July, 1998, and a public hearing shall be held on this ordinance on the 21 day of July, 1998, at 7:00 p.m. in the Council Chamber of the Vail Municipal Building, Vail, Colorado. ll -, 1. Steve Thompson 2. Russ Forrest Dominic Mauriello Ethan Moore Stan Bernstein David Kenyon 3. 4. George Ruther Jay Peterson Proposed refinancing of the Town of Vail's debt and selecting an underwriter. (15 mins.) ACTION REQUESTED OF COUNCTL: provide staff direction as to how to proceed with this issue. STAFF RECOMMENDATION: Consider hiring Bigetow and Company, (Steve Jeffers) as the undenrvriter and consider hiring peter Zent with Govemmental Financial Advisors, Inc. To be the financial advisor. Lionshead Redevelopment Master Plan. This work session and evenino meeting are intended to continue the discussion of building height scenarios, development standards, and economic/revenue impacts of building height scenarios. stan Bernstein will be presenting the Town of Vail revenue benefits of the different building height scenarios. The master plan team will also be presenting a revised density proposal for the Lionshead area. (1 hr.) ACTION REOUESTED OF COUNCIL: Approve/Modify the master ptan team recommendation for building height, mass, and density for the Lionshead Redevelopment Master Plan. Upon council direction to staff, staff will begin drafting the Master plan document. council will review the document prior to final adoption. BACKGROUND RATIONALE: please refer to memorandum in Council packet. DRB Review. (15 mins.) Discussion of ordinance No. 9, series of 199g, an ordinance repealing and re-enacting ordinance No. 10, series of 1991 , to provide changes to Special Development District No. 22, Grand rraverse, that concern the number of lots, the lot sizes, the conesponding development standards and the architectural guidelines; and sefting forth details in regard thereto. (30 mins.) ACTION_RFOUESTED OF COUNCIL: Review and discuss Ordinance No. 9, Series of 1998. -%CKG,,RO[IND RATtOtl4LE: On Monday, June 8, the appticant appeared before the Planning and Environmental commission with'a request ior a major amendment to special Development District #22, Grandrraverse, anda major subdivision to Lots 5 - 10, Dauphinais-Moseley subdivision Filing #1 ,a resubdivision of Lots 1-19, Block 2, Lion's Ridge subdivision Filing #3. The.Planning and Environmental Commission unanimously approved a motion. recommending approval of the applicant's request.- The commission's approval was per the staff memorandum with the addition of600 square feet of garage credit for employee housing units instead of the 200 square.feet requested by the applicani or the 3Od-square feet recommended by staff. A copy of the June 8, 1998 staff memorandum and the approved meeting minutes have been attached for reference. L\{ t' ttF /J VAIL TOWN COUNCIL WORK SESSION TUESDAY, JULY 7, 1998 2:00 P.M. ATTOV COUNCTL CHAMBERS AGENDA NoTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Gouncil will consider an item, 5. Village Core Construction Update. (10 mins.) Larry Grafel 6. Ford Park Managed parking Update. (10 mins.) Larry Grafel Greg Monison 7. 4th of July Update. (10 mins.) Greg Morrison 8. Information Update. (10 mins.) 9. Council Reports. (10 mind.) 10. Other. (10 mins.) 11. Adjoumment - 5:00 p.m. NOTEUPCOIIIIL9,S,F"[T"I*1"'J*$IJJH:SBELOW: ilt||tl THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY,7l14lg8, BEGINNING AT 2:00 P.M. lN TOV COUNc|L CHAIIiBERS. THE FOLLOVYING VAIL TOWN COUNCIL REGUIAR WORK SESSTON WILL BE ON TUESDAY,7I2lIg8, BEGINNING AT 2OO P.M. IN TOV GOUNCIL CHAMBERS. THE NEXTVAIL TOWN COUNCIL REGULAR B/ENING MEENNG wlLL BE oN TUESDAY,7l21lgt8, BEGINNING AT 7:00 P.M. tN Tov coUNctL GHAMBERS.iltltll Sign language interpretation available upon request with 24 hour notification. please call 47g-233zvoice or479-2356 TDD for inbrmation. C:UGEt{DA\rJS t. VAIL TOWN COUNCIL EVENING MEETING TUESDAY, JULY 7,1998 7:00 P.M. lN TOV COUNCIL CHAMBERS AGENDA NorE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. I CITIZEN PARTICIPATION. (5 mins.) CONSENTAGENDA. (5 mins.)A. Approve the Minutes from the meetings of June 2nd and 16th, 1998. Ordinance No. 9, Series of 1998, first reading of an ordinance repealing and re-enacting Ordinance No. 10, Series of 1991 , to provide changes to Special Development District No. 22, Grand Traverse, that concern the number of lots, the lot sizes, the conesponding development standards and the architectural guidelines; and setting forth details in regard thereto. (20 mins.) ACTION REOUESTED OF COUNCIL:Approve, approve with conditions, or deny Ordinance No. 9, Series of 1998, on first reading. BACKGROUND RATIONALE: On Monday, June 8, the appticant appeared before the Planning and Environmental Commission with a request for a major amendment to Special Development District #22, Grand Traverse, and a major suMivision to Lots 5 - 10, Dauphinais- Moseley Subdivision Filing #1, a resubdivision of Lots 1-19, Block 2, Lion's Ridge Subdivision Fiting #3. The Planning and Environmental Commission unanimously approved a motion recommending approval of the applicant's request. The Commission's approval was per the staff memorandum with the addition o-f 600 square feet of garage credit for employee housing units instead of the 200 square feet reguested by the applicant or the 300 square feet recommended by staff. A copy of the June 8, 1998 staff memorandum and the approved meeting minutes have been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 9, Series of 1998, on first reading Ordinance No. 10, Series of 1998, first reading of an Ordinance Amending Title 12, Zoning Regulations, Chapter 11, Design Review, Seclion 12-11-5: Design Guidelines; Adding a provision Allowing Legal Nonconforming Single.family, Two-family, and primary/secondary Residential Dwelling Units to Be Expanded bv 500 So. Ft. or tessl/Vrlhorrt Requiring Structures and Sites to Be Fully Compliant with the Design Guidelines; Amending Chapter 1 5, Gross Residential Floor Area (Grfa), Section 12-15-5: Additionat Gross Residentiat Floor Area (2S0 Ordinance), Deleting Subsection 12-15-5(c) Which Ailows a 250 Sq. Ft. Addition to Multiple-famity Dweling Units; Amending Chapter 15, Gioss Residential Floor Area (Grfa), Section 12J154: lnterior Conversions, to Allow Interior conversions in Multiple-family Residential Dwelling Units; Amending Chapter 16, Gonditional Use permits, and Creating a t,tew Section 12-16-7: Use Specific Criteria and Standards. (15 mins.) 3. George Ruther Jay Peterson 4. Dominic Mauriello 5. Ross Boyle Dave Reece 6. Russ Forrest Dominic Mauriello Ethan Moore Stan Bernstein David Kenyon 7. Bob Mclaurin 8. AcrloN REo UESTEQ oF couNcrl: Approve/Modify/Deny ordinance No. 10, Series of 1998 on first reading. BACKGROUND RATTONALE: The pEC, at its June ZZ,lgg} meeting, made a recommendation of approval of the proposed ordinance with i-he one modification to the design review trigger shown with the double underline on page one of the ordinance. See PEC memo for details of proposal. STAFF RECOMMENDATION: The Community Development Department recommends approval of ordinance No. 10, series of 199g, on first reading. VailValley Marketing Board (WMB) Summer Marketing Update. (40 mins.) Lionshead Redevelopment ilaster plan. This work session and evening meeting are intended to continue the discussion of buibing height scenarios, development standards, and economicy'revenue impacts of building height scenarios. stan Bemstein will be presenting the Town of Vail revenue benefits of the different building height scenarios. The master plan team will also be presenting a revised density proposal forthe Lionshead area. (2 hrs.) ACTION REOUESTED.OF COUNCTL: Approve/itodify the master ptan team recommendation for building height, mass, and densig for the Lionshead Redevelopment Master plan. upon council direction to staff, staff will begin drafting the Master plan document. council will review the document prior to final adoption. BACKGROUND MTIONALE; prease refer to memorandum in council packet. STAFF RECOMMENDATTON: Approve the master plan team recommendations on building height, mass, and densig. Town Manager Report. (10 mins.) Adjoumment - 10:35 p.m. NOTE UPCOMING MEETING STARTTIMES BELOW: GLL nIeS ARE APPROnIA?E AitD SUIUECT rO CHA GE}||il1 THE NEXT VAIL TOYW{ COUNCIL REGULAR WORK SESSIONwlLL BE oN TUESDAY, T/14l98, BEGINNING AT 2:00 p.it. lN Tov couNctl GHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSIONwlLL BE oN TUESDAY,7/21198, BEG|NN|NG AT 2:00 p.M. tN Tov coUNctL GHAMBERS. THE NEXTVAIL TOWN COUNCIL REGULAR EVENING IIEETINGwfLL BE oN TUESDAY,7l21p8, BEGINN|NG AT Z:00 p.M. tN Tov coUNctL GHAMBERS.||il1 Sign language interpretration available upon request with 24 hour notification. please call 479-2332 voiceor 479-7.356 TDD fn!. infnrmatian C:\AGENDATC 1. 2. NorE: Times of items are approximate, subiect to change, and cannot be relied upon to determine at what time Council will consider an item. 3. Steve Thompson Jerry McMahan 4. Dominic Mauriello Tom Moorhead CITIZEN PARTICIPATION. (5 mins.) Art In Public Places - Slide Lecture by Professor Erika Doss. (20 mins.) Present 1997 Audit Report. (20 mins.) VAIL TOWN COUNCIL TUESDAY, JULY 21, 1998 7:00 P.il. lN TOV COUNCTL CHATUBERS REVISED AGENDA 1A Ordinance No. 11, Series of 1998, first reading of an Ordinance Amending the Official Zoning Map for the Town of Vail in Accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Applying Zone District Designation to a Portion of Unzoned Property Previously Owned by the United States Forest Service and Transferred to the Town of Vail Pursuant to the Land Ownership Adjustment Agreement to primary/ , secondary Residential District for Property Located at Rockledge Road/portions of United States Forest Service Lot 3, Based upon the Proposed Final Plat (Not Yet Recorded) of Rockledge Forest Subdivision Prepared by Dennis Shelhom as Job No. 0332-002 Dated February 25, 1998. (30 mins.) ACTION REQU ESTED OF COUNCT L: Approve/Modify/Deny Ordinance No. 11, Series of 1998 on first reading. BACKGROUND RATIONALE: The PEC, at its Juty 13, 1998 meeting, made a recommendation of approval of the proposed ordinance. See PEC memo for details of proposal. STAFF RECOMMENDATION: The Community Development Department recommends approval of Ordinance No. 11, Series of 199g. on first reading. Ordinance No. 9, Series of 1998, second reading of an ordinance repealing and re-enacting Ordinance No. 10, Series of 1991, to provide changes to Special Development District No. 22, Grand Traverse, that concem the number of lots, the lot sizes, the corresponding development standards and the architectural guidelines; and setting forth details in regard thereto. (20 mins.) A major subdivision to Lots 5-10, Dauphinias-Moseley Subdivision Filing #1 to allow for a reduction in the total number of lots within the subciivision. The malor suDorvrsron proposes to eliminate two lots and re- establish the property lines. ACTION REOUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance #9, Series of 1998, on second reading and the major subdivision reguest. BACKGROUND RATIONALE: On Monday, June 8, the appticant appeared before the Planning and Environmental Commission with a request for a major amendment to Special Development District #22, Grand Traverse, and a major subdivision to Lots 5 - 10, Dauphinias- 5. George Ruther Jay Peterson 5. Dominic Mauriello 6. Bob McLaurin 7. Moseley Subdivision Filing #1, a resubdivision of Lots 1_19, Block 2. Lion's Ridge Subdivision Filing #3. The Planning and Environmental commission unanimously approved a motion recommending approval of the applicant's request. The commission's approval was per the staff memorandum with the addition of 600 square feet of garage credit for employee housing units instead of the 200 square feet reguested by the applicant or the 30b square feet recommended by staff. A copy of the June 8, 1998 staff memorandum and the approved meeting minutes have been attached for reference. on Tuesday, July 7, the Town Gouncir unanimousry approved ordinance No. 9, Series of 1998, on first reading with minor modifications. srAFF REcoMM ENDI\TION : The community Deveropment Department recommends that the Town council approve ordinance No. g, series of 1998, on second reading and the major subdivision request eliminating two lots. Ordinance No. 10, Series of 1998, second reading of an Ordinance Amending Title 12, Zoning Regulations, Chapter 11, Design Review, section 12-11-5: Design Guiderines; Adding a provision Attowing Legal Nonconforming Single-family, Two-family, and primary/seconOaI Residential Dwelling units to Be Expanded by 500 sq. rt. or esiwthout Requiring Structures and Sites to Be Fully Compliant with the Design Guidelines; Amending chapter 15, Gross Residential Froor Area (dnro, Sestion 12-15-5: Additional Gross Residential Floor Area (250 Ordinance), Deleting Subsection 12-1b-S(c) Which Ailows a 250 Sq. Ft. Addition to Multiple-famiU Dweiling Units;Amending Chapter 15, Gioss Residential Floor Area (GRFA), section 12-1s4: lnterior conversions, to Allow Interior conversions in Multiple-famiU Residential Dwelling Units; Amending Chapter 16, Conditional Use permits, and Creating a lrtew Section 12-16-7: Use Specific Criteria and Standards. (1S mins.) AcrloN REoUESTEQ oF couNcr L: Approve/Modify/Deny ordinance No. 10, Series of 1998 on second reading. BACKGROUND RATI9NALE: The pEC, at its June 22,lgg} meeting, made a recommendation of approval of the proposed ordinance with the one modification to the design review trigger shown with the double underline on page one of the ordinance. See PEC memo for details of proposal. STAFF RECOMMENDATION: The Community Development Department recommends approvar of ordinance No. 1d, series of 199g. on second reading. Town Manager Report. (10 mins.) Adjoumment - 9:00 p.m. ;ioTE iiFcoiiiiiG iiEcrrNs stAl{r TIMES BELow: (ALL TITES ARE APPROIIIATE AXD SUBJEC? TO CHAXGEIt||iltl THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSTONwLL BE oN TUESDAY,Ttzatgo, BEG|NN|NG AT 2:00 p.M. tN Tov couNctL GHAMBERS. THE FOLLOWING VAIL TOVW COUNCIL REGULAR WORK SESSIONwlLL BE oN TUESDAY, 8rd98, BEGINNING AT 2:00 p.M. rN Tov couNctL GHAMBERS. THE NEXTVAIL TOWN COUNCIL REGULAR EVENING MEETINGwlLL BE oN TUESDAY, 8/4198, BEG|NNING AT z:00 p.M. tN Tov couNctl GHAMBERS.|||l Dmc DAUpHtNATs - MogELEY CoNsrnuqnoN lNc. Grrr//""6"/<grh.&-r* VAIL, COLORADO Description of Reque$ for Chengot to SDD # 22 Re Plat lots 5, 6, 7, 8, 9, & 10 into lots 5, 7, 9, & 10. Redisfribure GRFA as indicatttg'rlkal 6a 1,2 ltf€ Ca/6a4ge 7'lzo%=_,__.-/ li| Cowea\€i- w'P brQA<F- 71 CHAIRMAN CURKISON F, MOaELEY 6E}'O LB' FREEWAY, 3UI'E 106 DALf-A3. TX Tlrao @lar 7a6-oi,,,6 FAr( (tl4) 4lgatag VAIL. CO (97O) gae .!ltl4 FAX (e?o) a76-3012 FiEIIDEiIT PATRICK O. DAUPHINA|a P.O, BOX tltl varL, co arctao70)a7t.sl FAX (gro 47t.COAn April27, 1998 3. Setbacks et e. 23,33 15,393 14,588 14,429 16,247 1. 2. 6,31 4,495 4,495 4,495 4,495 6rv'+6 tco. 750 750 7507fi ar>A DCe: | -( 5 7I 10 2 25% 25% 25o/o 25% Lot tlo. Side Front Beck5 20'7 12',I 12', 10' 10' 10' qp +D 5oD d 60' 57' 55' 4. 5. 6. 10 1z',10' 48' Exterior lighting calculation: Add seven (7) lights to Eacfi lot lncreas€ EHU GRFA to 800 sq. fl. Increase garagre dlorance by€El rvhen EHU is built. *+w +7@ + 4 d*'4Rl --r. r6 liqht> a. b. c. s rIE,e gre€nhoua€a,r- eaf!6es or carporra, il:H";.:l::k::, ""recreatl.on faclllt,iea customarily incldental tosingle-fanily uses. Hone occupaelone, eubJect to lssuance of a home occupaBlon permlt ln accordance wlth th6 provislons of Sectlona 1g.SO.130 through lS.SS.190of the Town of Vail Uunicipal Code. ot,her uses custonarily Incldental and accessory topernltted or conditlonal uses, and neceesary lorth€ operatlon thereof. Lots Slzes and Maxl,mutn GRFAa:5. LOT 1 2 3 4 5 t I 9 10 II L2 13 l4 15 16 L7 18 19 20 2I 22 23 24 Gn.m gball t!€.n tbe total bul,ldLDg, a! nealured ae rells (!,.e. aoL lncludlng furrlag, ,h€.taocJr, plutaa tadotber sl.nilar rrell flnisbea). GRFL shall Laclude, but !ot,b€ lt'nr ted to, elavator sbafts rDd ltllrrell, atloft!, flr€placer, nechaalcal. cblrar, vaatr, ald SIZE 11,805 16 ,248 11 , 500 11, 761 72 r Ig7 l1 , 500 I 1, 543 11,021 11,456 11,9?g 10,903 12, g 81 15, 159 11,151 8, 538g, 494gr 494t0, 062 9, 149 9.801 r0 r237 9,409 9,148 10,629 GRE'A 2,293 3, 171 3,171 2.293 2 ,293 3r 171 3, 171 3,171 3, 171 3, 1?1 3,L7L 3,L7L 3, 171 3, 1?1 2r293 2,293 2,293 3, 171 2,293 3. 171 3,1?1. 2r293 3, 1?1 2.293 68,202 uAx GR.FA rNcL. 425 sQ. rr. ' ALLOefANg_Ei EER rrN iT 31 596 3r 596 2.7L8 2 ,1!83,596 3r 596 3' 596 31 595 ' 31 595 3,596 3,596 3,596 31 596 2,7 tg 2r1Lg 2,1L8 3,596 2,779 3r 596 3r 596 2,718 3r 595 #+8 rqura. tootage of .lI l.velr o! r tbe lncl,de fecc of tbe .:Gt.rl,or cacb taytl, rtoarg. o Dmc DAUpHINATS - MosELEy CoNsrRUGTroN lNc. A"rfl"-"t/rgrrt"&"-.^ VAIL, COLORADO PRESIDENT CHAIRMAN CIIRK3ON P. MOAELEY A3OO LB.' FREEWAY. gUTTE I(E DALLAS. f|Tatn (zra') ta,|-ozga FA)( (2|4) aEa<t643 vAlL. co (9i70) 94e-6t44 FAX (grol ar6-62, P.O. BOX rtrt YA|L. CO at6!€(o7ota73-d)6a F X (0'rol 47a.'ota2 April 27, 1998 Description of Request for Changes to SDD # 22 1. Re Plat lcts 5, 6, 7, 8, 9, & 10 into lots 5, 7, 9, & 10. ./ Redistribute GRFA as indicated belour: / s.ta""x. Lot No. Area GRFA Garage Site5 23,330 6,314 1,200 20o/o7 15,393 4,495 75A 25o/o9 14,588 4,495 750 25o/o10 '14,429 4,495 750 250A2 16,247 4,495 750 250A Lot No. Side Front Back10' 60'10' 57'10' 55',10' 48' 4. Exterior lightirg calculation: Add seven (7) lights to each lot * 5 20'7 12'I 12'10 12' {lncrease EHU GRFAto 800 sq. ft.+w6 .$ lnuea*garage allorance by@$$ when EHU is built. + ?e 4 Cl**;61 qp +o 5oD # t- tlID liqhr=. o 11ts 6t.* z5.A) 7't.e 2---=-r<( lb1 25\ tn.ryz .lg . o3 6q= .r1 =@ @ Egb@ u^ o aeoge 1.1s 26.* --- --\q_78) /tt' Wayne'A. & MaryL. Ward P. O. Box 2933 Vail CO 81658 James R. & Whitney A Grundtish P. O. Box 284 Vail Co. 81658 Joan Sirotkin 1814A Glacier Ct Vail CO 81657 Barbara and Charles Hirsh 38 Robin Hood Drive Mt. Lakes N.J. 07046 Joseph & Cindy Waeckerle 11713 Canterbury Leawood KS 66211 Steve,& Judy Fox 1320A Moraine Drive Vail CO 81657 J.M. English 1475 Lionsridge Loop Vail CO 81657 Letoumeau, Michael Vigliotti, Karen P. O. Box 865 Vail CO 81658 Vivian Siegle 135 Bellaire Street Denver CO 80220 Robert & CindyNussbaum l8l4B Glacier Ct. Vail CO 81657 CDOT P. O. Box 298 Eagle CO 81631 Ken & KathyWhite P. O. Box 894 Vail CO 81658 Roost Lodge 1783 N. Frontage Rd Vail CO 81657 Patricia Rickman 7936 Dublin Ct. wichitaKS 67206 Rudy & Carol Paul P. O. Box 3485 Vail CO 81658 Carol Ann Zimmerman 400 Chilean Ave. Palm Beach FL 33480 Jeff, Gail, Harold & Mary Stitgen 3008 Woodland Trail Middleton WI53562 Richard & Jane Hart 1401 Lionsridge Loop Vail CO 81657 U.S. Post Offtce 1300 N. Frontage Rd. Vail CO 81657 Sheehan Family P. O. Box 5651 Vail CO 81658 Fredick & Lynn Deming 24 Colt Road Summit N.J. 07901 o -D*qrttu{rb rtl4oc gvD **l tlqe 1qb. FILE CoPY ]+" t5 louth lronllge road v.ll. colorrdo 8'1657 (303) 47$'2138 (303) 47$2139 offlce ol communlty develoPment June 21, 1991 Mr. Pat Dauphanais P.O. Box 1515 Vail, CO 81658 Re: Revocable Rlght-of-way Permltfor Dauphanals-Mosely Subdivlsion Dear Pat: After speaking with Kristan Pritz regarding your concern with filing revocable right-of-way permits for individual lots on the above project, I spoke with Greg Hall about the issue. lt is our feeling that it will be possible to file only two revocable right-of-ways for lhe project. One will coverlandscaping and site walls for the landscaping associated with Lots 1-24. For this' we wi1 reference the proposed landscaping plan for the subdivision. Greg will review each lot at the time of submittal, and may have comments and concerns as the landscape plan develops. The entry landscaping will be on an individual permit which references the approved design of this area. Should you have any questions, please do not hesitate to call me at 479-2138. furth- Greg Hall Kristan Pritz iLt.o,a)!' Town Planner t) -244?"4*"' 0 sso@' 0 0 h,V\o }u"? L ,o u' &'D"t ?d Uuqf'Mllt qqq-\]tu a COAdNdI'D$]I1T]IBS IFOR A DIRIJG AtsUSIB FIRIBB IBAGILB VAqI"BY IS SELLING POINSETTIAS I I I *AVAILABLE BY THANKSGTVING *LOCALLY GROWN!!! *FLORIST QUALITY *LIMITED QUANTITY/ORDER By DEC. 1, 1989 *COMMUNITIES FOR A DRUG ABUSE FREE EAGLE VALLEY MAKES A PROFIT ON EACH PLANT SOLD!!! PRICES: 4 U2" POTS ARE $5.00 EACH 6 II2" POTS ARE $IO.OO EACH 7'112" POTS ARE $I8.OO EACH COLQ&S_ AVAIL_IBLE: RED, PINK, WHrTE (SOME MARBLE) lf@ OIRDIBIR, CAn;,[.: MARKA 476-5g22 OR CFIERIE 328-5482 Rtg0Nov 15 989 1401 Lions Ridge LooP vailr Colorado 81657 November 13, 1989 Town of VaiI 75 south l'rontage RoadVail, Colorado 81657 Attentlon: Lawrence Eskelth Dcar Larryr We have conferred several tlnes over the yearg about the Solar Crest parking problen. Other nelghborhood lssueE have been dlEcussed fron tlme to tirne wlth other Town pereonnel , nost recently between Jane and Stan Berryman, 8o a copy of this letter is going to hin. To refresh your memory' the hone which Jane and I own and where we llve- le about nldway along Llons Rtdge Loop. Our lot' Lot 4, Lions Ridge Subdivlsion, Fillng N9. 2, 7e on the north side of the street and extends easterly lnto what used to be a cul-de-sac at the end of the road before it was contlnued westerly to Buffebr creek. A slx-unlt structure, Solar Crest, ls across the street from us. Solar Crest has never had adequate parking. Recent developments have compounded the problem. ori9lnally, the units eere aerved by atlached garages. Tbese have all gradually been converted to iesldential use and apparently cannot be useil for parking' Bven ltithout conversion I unilerstand there is an access problern to the garageE in that access nay have required the use of land eresterly of Solar Crest. In any ev6nt, a large portion of hiEtorical parking has-occurred on that iand to the west of Solar Crest. Pat Dauphlnais is developing that property and has since rnid-sumner physlcally prevented such use by Solar Crest. A11 parklng is tberefore occurring on three rernainlng areas. Perhaps half a dozen cars park perpendicular to the center Line- of Llons Ridge Loop on the road right of way or on So1ar Crest land or perhaps even on the neet post offlce parcel to the east of the solar Crest buildlng and on Its side of the street. sone cars routinely park parallel to the road center line along the road rtght of way ln front of the Solar Cr6Et struiture. Closuie of the parking west of Solar Crest by Mr. Dauphinais haE grettly lncreased thls use, despite lts prornlnent "No Parklng" slgnage' Flnally, the former cul-de-gac on our stde of the road gets filled up wtth junker and road-worthy citso We have over the years pernitted tbls use' The ?own apparently orns the balance of the former culde-sac, eittrei ii'i portion of what r belleve was called Tract A and was dedlcatel to tbe Town in tbe early 1980e_by .teif setUy and all, or by acceptance of the Llons Rldge Loop roadl . As owners of the land being used for thiE parking and as resldente of the area concerned with its safety and aegthetlcs, ree have long tried to pronote a long-term solutlon. We have been unable to get tbe Town or the Solar Crest peoole to address the issue.- The really unpleasant events'of'the last surnmer and ttre expectation of the worgt wlnter parklng situation ever rnotlvate ne to try agaln' A year ago, Dauphials began trucklng cut naterlal fron tbe post office slte onto bis developnent slte across tbe street from our hone. The volune bas been incredlble. Tbe dust never settles and road deterioration proveE the lmpact of all thls haulage. fn early-spring the asphalt ln frint of Our bOuse disappeared. By urld-sumner, gravel was dumped there, apparentfy Uy tbe Town. lve no longer have a pav^ea road. -Thi; is in the area nhere Solar crest people ilark on the road right of way, just west of a crest ln tbe ioad frorn whlch Solar Crest derives its name. Lions Riclge Loop is nou a dusty, unsafe mess' yesterday, tny son aia f siroveled several wheel barror loads of gravel frorn the road in front of our driveway' When appieclable snow falle, the plows will plck up the gravel airit windrow it in front of our driveway. The snogtblower ,iff pisf it up, the shear pin w111 consistently do its job and tire nachine will nonetheless be beat uP. The Police have neverz to my knowledge, enforced the no parking signs-' Ttre slgnagi ts nieded and appropriate. Itre truly a mlracle that accidentE have not occurred ln that area. ramwrltlnglnthehopetbatformalconmunlcationwill brlng ttre actlon-whicb less- fornal efforts have failed to elicit. Flrst, I hope that the Town will take a leadership role wltb respect to iarking. on-street parking is unsafe and prohlbited but th- protribltton ls not enforced' Cul-ie-sac parking ts plrnitted by us and the Tonn but thoroughly untidy. l,le have inforned the solar crest ovtners that ue wlll wlthdraw our pernission and prevent uae of our portlon of the cul-de-sac lf nobody ls wllling to proposo ind tnplement a long-term solution. r enclose a copy of ny letter. Second, tlons Rldge Loop was to be paved this sunmer. Erlgencies, largeli Oauphinais hauling operations' nade that lmiractlcal and so be lt. Tbe deterloratlon should, howeier, be addreesed. Sone temporary repair tlls to Ul eeeicted ln iront of our houge and at tbe Beveral road cuts rt the bone belng butlt just to our rrest. The Town hae parnltted theee peopl- to destroy-the road and has done ioihfne to proteit Lhe local resldente. I aasur'e tlne ls runntng out but sonething should be done. f balleve in and encourage Town efforts to nalntaln nelghborboods and assure responsible development. The parking ina road issues discussed here make me wonder sbetirer th5se efforts are sufflclent. Uy dlmlnlshed fatth derlves somewhat from other events ehowlng a lack of vlgllance by th€ fovtn. For exanple, the lot west of our . hoise was allowed to remaln excavacted but unbullt for over flve yearE before constructlon resumedl ttrls sutnner. The excavlcted raaterlal was piled across the street for alnost that long. construction resurnptlon eas pernitted lfitbout notlce eien to adjacent Property owners after over flve yearsr lapse. Th; etructurl differs somewhat from tbat ipproved iong ago and a netal roof now dominates our view. fiirally, tbe-rufror nill reports that after alrnost a decade of deciy interrupted by internittent rehabilltatlon, the Talon ls to be perrnitted to expand. i I issueg. RffF,/mcd xc! Stan Bgrryman Ron Phtlllps Solar Crest oetners I would appreciate Town efforts to address thess Z&utu Richard E. Eart RtC]NOV 15€89 1401 Lions Ridge LooP Va11, Colorado 81557 Novenber 13, 1989 Solar Crest Owners I{elnschelnk Borus l,tlller 3773 Cherry Creek North Drive Denver, Colorado 80209 lls . Patr ic I a Gou ldP.O. Box 2393Vall, Colorado 81658 Mg. Vivlan Slegal c,/o Vlvlan Kilstrup 135 Bellalre Street Denver, Colorado 80212 Ladles and Gentlenen: us. Llsa Park P.O. Box 2207 Vall, Colorado 81658 Sr. Edward J. Sttt Siera AmatePec Mexico 10 Dr. MEXICO Mg. Carol Ann Zlmmernan c/o Colunbla Savlngs P.O. Box L7L27 Denver, Colorado 802L7 f lntend th18 to be a nelghborly communlcatlon and hope the naze of addresEes lsnrt an lmrnedlate turnoff. No longer knowlng a spokeernan at Solar Crest, r just got a llEt fron tbe Town of Vail. Ithinkwehaveaminorcrislslntheneighborboodandthat there is perhaps still time to address it before really bad wlnter condltions. As you know, Jane and I own the house across the street from Solar Crlst and our lot extends east of our house into tbe former cul-de-sac acroaB tbe street from you. We have for sone tlne permitted uEe of thts property for parklng. constructlon and earth-tnoving here made lt a dtusty and unpleasant sunmer in the neighborhood. we hope horneE and landscaping wlll eventually rnake 1t alf worthwhile. We hoped 1989 woirla-see Lions Ridge Loop repaved and uP to standards but again that is sttll only a hope. In the rneantlne we expect your parking situation to be worse than ever tbis winter. We have tried over the years to encourage varlous people at Solar Crest, tbe Town and loca1 develop6rs to pl.an 1o;9 term for parking. I'le have been unable to get actlon from anyone. Perhaps now is tbe tine. As winter 6nons faLl, the current hodgepodge of parklng ls golng to present real Eafety lssues. we understand that Mr. Dauphlnals, in connection wlth his development to the West of Solar Creatr m€Y be in a.posltion to facllitlte a solutlon to your parklng probletn. we wlll cooperate ln reasonable ways to effect a solution. We believe a loni-terrn solution can be effected and that lt really should not be 6ifflcult. We hope that the iseue stll be addressed aoon. In order to brlng the lisue to the front burner, if a dlalogue Ieadlng to a iolutlon cannot begtn sootlr we will bave to deny the use of our property for general parktng. Please flnd enclosed a copy of ny letter to the Town ln a Elnllar regardt. I hope to hear fron you soon. -r can be reached at hone at 476-3507. My work phone ts 328-6373. el ): l/!* REE/ncdixcn TOV C&D ro TOt,lN COUNCIL AGENDA REQUEST Request form must be given to the Secretary to the Town Manager by 8:00 a.m. Thursdays. hlork Sess ion: Approximate length of t'ime item wiII require:l5 r^ ,r.J . rrt 0"t", l[e,[tl Dept.:G^..,n. )^r-Meeting oate: S/a/g? Evening Meet'ing: /:O( I.I tem/Topi c: A fequ"ot k a,n^*^{*'^{- fo sDb ph ar |o r^carPols.{< o..^f, l<zo-..<- q por.t.,r,- ",f po.r.<-t ), L,.,-sr.d1. x 1 (.o.*-. ?.",d,..^(J 1"lr,nnt1 See---,[^ry +o SbNr a\ . II.Action Reouested of Counci l: At?nt* c^r ["4 tLe /e4ucsl'' Background Ratjonale: T\^a etil'{s-ts 613' a'f of $e- V'VY t'^o-on a(5 $b *>> t^c.s f-,r.\^atc,f . a. 0:^:t 'f ^:1,:"S, :'; tm4pd,et(y fb t\.4- €ao*- .,e 'FU4- €xlsi { - -/ t g*4-, Sao*\^ of Sot^r cos|' Tta r"o5o"+ 15 [ 'F?JHet tu,. V{Lel ^^t. +Lz 5DD' Staff Reconmendation:IV. V. Aqr.,,.[ Assurances (_ Legal , _ Engineering, _ Finance, _ Outside Professional ) -) (-- I(,n' 6rr^A Enployee Signature To: Planning and Environmental Comrnission FROM: Department of Connunity Development DATE: April 24, L989 SUBJECT: Request for amendrnent and final plat revisions toSpecial Developnent District No. 22, Resubdivision ofLots 1 through 1-9, Block 2, Lionsridge Filing 3, inorder to incorporate and rezone a portion of Parcel D,Lionsridge No. 2 from Residential and Primary/Secondary to SDD No. 22, replat lot lines and amend the grading pJ.an. Applicant: Dauphinais-Moseley construction I.THE PROPOSAL Special Development District No. 22 was approved by the Planning and Environmental Commission in August 1988, and was adopted as Ordinance No. 23, Series of L988 by the Vail Town Council . Speciat Development DistricE #22 currentlyconsists of 24 single tanily lots, an open space tract, anda nerr public road. Total size of the existing Special Developrnent District is l-0.59 acres. The underline zonedistrict is prinary/secondary. The applicant is applying for several Developrnent District No. 22 and to the amendments to Specialfinal plat of Those amendmentsLionsridge subdivision Filing No. 5.consists of: L. Incorporation and rezoning of a described as a portion of Parcel parcel of landD, Lionsridge No. 2. 2. Minor adjustnent and replatting of the lot lines to incorporate the above mentioned lot in order toprovide access to that lot. 3. Arnendnent to the grading plan. The applicant has recently purchased a prinary/secondaryIot innediately adjacent to the east of existing Special Development District No. 22. The applicant wishes toincorporate this 1ot into this special developrnentdistrict. The request is to maintain the primary/secondary zoning on this 1ot, but to bring it into the speciat development district by amending the development plan andthe final plat. The final plat must be amended to allow aslight rnodification to the property lines of Lots 1 and 2 and the nen Lot 25 in order to provide adequate access tothis new lot from within the special development district. lld,tr5hr The third proposed amendnent to the special developmentdistrict is a new grading plan. The applicant feels thatby regrading portions of the property the open space becones more useable and that the lots become morebuildable by eliminating steep road cuts and other access problems. IT. IMPACTS OF THE PROPOSAL By incorporating the property irnrnediately adjacent to the east of this special developnent district, the applicant iscreating very little adverse impact upon the existing development. Minor amendment of the lot lines for Lots I,2 and the adjacent property which is proposed as Lot 25will allow adequate access to the property without increasing any adverse irnpacts upon this property or the adjacent property. A drainage plan has been subnitted in conjunction with the new grading plan and has been reviewed by the Town of VailEngineer. The Town Engineer is in the process ofcoordinating ninor amendnents of that drainage plan withthe applicant's engineer, but does feel that the drainageplan is adeguate and will provide a positive solution forthe drainage from this property. III. EVALUATION OF CRITERIA The special development district enabling legislation details nine design criteria that must be met by the proposed special developnent district. Those criteria areas follows: l_.Desi tibilitv and Sensitivit to the Immediate ronment, Neiqhborhood and Ad acent ProRelative to Architectural Des Scale BulkHeiqht, Buffer Zones, Identit racterVlsual Inteqritv and Orientation. The development standards of the existing Special Developnent District No. 22, wLt}r the exception of lotsize and allowable GRFA based on lot size, follow thesingle faurily zone district. Setbacks are consistentltith the single family residential zone district, withthe exception of the side setbacks, are proposed to be 10 feet rather than L5 feet. The proposed amendmentprovides for the inclusion of the adjacent parcel ofland. That land is currently zoned primaryr/secondary. This inclusion is conpatible with the underlying zonedistrict as well as the developnent intention of theexisting special developnent district. t{e feel thatinclusion of this property within the special development district is positive in that it allowscoordination of access to this piece of property 2. through the existing special developnent district. The applicant is proposing that the use for ttris new Lot 25 remain as prinary/secondary and that the GRFA allowed for this lot rernain as is currently allowed under the prinary/secondary zone district. Uses, Activitv, and Density which Provide a Conpatible, Workable, and Efficient and Workable Relationship with Surroundinq Uses and Activity. As a piece of property with a cornpatible, in fact identical , underlying zone district, the uses of thisproperty do provide a workabte relationship with the surrounding uses. In fact by incorporating thisparcel of land into the special developruent district,it will fall under tbe specific design guidelines thatwill be developed for the special development district and thus ensure conpatibility of the developrnent ofthis piece of property. liance of and Loadin irenents as nS on L8.25 Parking requirements will be rnet as a requiredcriteria of the development of this lot. Confornitv with Applicable Elenents of the Vail Comprehensive PIan, Town Policies and Urban Plans Incorporation of this property into the special developnent district is in conformance with the applicable elernents of the Vail conprehensive Plan. tification and Miticlation of Naturalc Hazards that Affect the which the Special Developrnent District is Proposed. This site is not located within any identifiedgeologic hazard area. an and Location and Prov ons Desicrned to Provide a Functional eI t ResDonsive and Sensitive to Natural Feat Vecretation and overa the litv ofthe Conrnunitv. Although this site does not possess any outstandingnatural features or vegetation, the proposed revisionto the property lines does place a portion of thisparcel in common open space. The portion which isproposed as common open space is the lower portion ofthe lot which is highly visible from I-70 and the southside of the val1ey. Staff supports this conceptof the amendment of the existing property line. 4. 5. 6. The anended grading plan will alloqt for a more functional open space parcel by reducing the steepgrade. This open space should be relandscaped in a more intensive manner than the developed portions ofthe site. The entire disturbed area will be revegetated with a native seed mix to reduce dust anderosion. As individual parcels are developed, appropriate landscape treatments will be required. Circulation Svstem for Both Vehicles and Pedestrians Addressinq on and off-Site Traffic Circulation. The new lot will access the new proposed public road, narned Lionsridge Lane, that will be built as Special Development District No. 22. The incorporation ofthis parcel of land into the Special DevelopmentDistrict does not adversely irnpact the parkingt or access situation at the Solarcrest Condoniniurns. 8.Functional and Aesthetic Landscapinq in nS ce in Order to serve Natural Features Recreat ews and Functions. The general and prelininary landscape plan was subrnitted with the original Special Development District No. 22 proposal and shows substantialbuffering between houses will be inportant as well asa heavily landscaped entry way into the subdivision. This lot as incorporated into Special DevelopnentDistrict No. 22 will fall under those landscape design requirenents. With regards to the proposed regrading for Special Development District No. 22, t}re existing natural vegetation on a portion of the conmon open space will be destroyed. The applicant is proposing revegetating these areas with a native grass mix. As previously stated, the staff feels a more intensive landscapeplan for the area should be developed. 9.Phasin Wor Fun nandE ent Re onshout th DeveIo tof I Develo ntstrct It is our understanding that it is the applicant'sintention to develop these lots hirnself and phasingwill be done on a market demand basis. The Design Guidelines that were a condition of the originalSpecial Development District No. 22 and will renain acondition for Special Developrnent District No. 22 wilI be an irnportant document in ensuring a workable andefficient relationship of the houses to each other andto the overall aesthetics of the subdivision. ta IV. STAFF RECOI,IMENDATION The Department of Conmunity Development recommends approvalof the reguested amendrnents to the final plat of Lionsridgesubdivision Filing No. 5 and to Special DevelopmentDistrict No. 22. We feel the incorporation of the parcel located to the east of the special development district ispositive and solves several access and design problems. The replatting of the lot lines that goes along with thisincorporation of property provides for access to this site and an addition to the amount of common open space. Staff also recomnends approval of the requested gradingplan. Although it is unusual in the Tonn of Vail for a developer to conpletely recontour a site, we feel that itin this case, given control over the large parcel of land and the 25 lots, a recontouring will provide for better development of the site resulting in less scarring of theterrain through individual road cuts. Staff also feelsthat a more significant revegetation plan for the disturbed open space areas should be submitted. We feel that merelyrevegetating this site with ltrasses is not adequate, that aplan for more significant landscaping on the disturbed open space should be subnritted as a part of the design reviewpackage. The staff also requests as a second conditionthat a bond sufficient to cover revegetation of alldisturbed areas be held by the T.O.V. until revegetation is completed. IV. STAFF RECOMI.TENDATION The Departrnent of connunity Development recommends approvalof the requested amendments to the final plat of Lionsridgesubdivision Fj-ting No. 5 and to Special DevelopmentDistrict No. 22. We feel the incorporation of the parcel located to the east of the special development district ispositive and solves several access and design problerns. The replatting of the lot lines that goes along with this incorporation of property provides for access to this site and an addition to the amount of cornmon open space. Staff also recommends approval of the reguested gradingplan. Al-though it is unusual in the Town of Vail for a developer to cornpletely recontour a site, we feel that itin this case, qiven control over the large parcel of land and the 25 lots, a recontouring wilJ. provide for better development of the site, resulting in less scarring of theterrain through individual road cuts. Staff also feelsthat a more significant revegetation plan for the disturbed open space areas should be submitted. We feel that merelyrevegetating this site with qlrasses is not adeguate, that aplan for nore significant Iandscaping on the disturbed open space should be subrnitted as a part of the design reviewpackage. The staff also requests as a second conditionthat a bond sufficient to cover revegetation of alldisturbed areas be held by the T.o.v. until revegetation is completed. PUBI,IC NOTICE NoTrcE IS HEREBY GMN that the Planning and Environmental ConmissLon of the Town of, Vall wlll hold a publlc hearing Xn accordance with Section 18.66.060 of the nunicipal code of the Town of VaiI on April 24, 1989 at 3soo PM in the Town of vail Municipal Building. ConsLderatLon of: 1. A reguest for an anendment and flnal plat revisions to SDD #22, Resubdivision of Lots 1 through t9, Block 2, L,ionsridge Flling 3 in order to incorporate and rezone a portion of Parcel D, Llonsrtdge #2, from Residential and Prlnaryr/seeondary to sDD #22r replat lot llnee and anend the grading plan. Applicant:DauphJ.na ls-Moseley Construct Lon A request for exterior alteration in order to construct.an addition at the Up The Creek Restaruant, Gore Creek Building, Vail Village. Applicants Up The creek Bar & Grill fnc. 2. 3. A reguest for relocatLon of the property, FiIing. Applicant: a front setback variance, which includes the that portion of Mill Creek as it transects for Lot 10, Block 1, Vail Village tst Robert cunn 4.A reguest for a rezonLng frou ttigh Density Multiple Fanily zone district to Conroerclal Senrl.ce Dlstrict with a request for a Speciat Development District to allow for additional parking and loading and an expansion of the Vail National Bank Bullding as weII as a Minor subdivision request to vacate a lot line for the Vail National Bank Building property on Lot 2, a Resubdivision of Lot D, Vail Village 2nd Filing and Tract D, Vailr/Lionshead 2nd Filing, 108, South Frontage Road. Appllcants vail National Bank Bulldlng corporation. :'..'.: ., o The appllcatl-one and infornatlon about the propoEals are avaLlable ln the zonlng adnlnlctratotrta offlcc durlng offl.ce hourc f,or publlc Lnspectton. 1 TOWN OP VAII, gPUUU}TITY DEVEIPPUEITT DEPART}TENT Ptrbllsbed ln ttre Vall Trall on Aprll ?, 1989. *-* :S.-.., PETER JAMAR ASSOCIATES, INC. PLANNING DEVELOPMENT ANALYSIS, RESEARCH MEII{ORANDTIM TO: FROM: DATE: RE: RrcK Pyw>I PETER JAI,IAR F/ APRrL L8, 1989 AITTENDMENT TO SPECIAL DEVEIOPI{ENT DISTRICT #22 THE REOUEST: The owners of SDD #22 are requesting the following annendments tothe previously approved SDD #22: 1. Since the tine of approval for SDD #22 the owners havebeen successful in acguiring a parcel of land irnrnediatelyadjacent to their eastern property boundary. This parcel of landis known as a portion of Parcel D, Lion's Ridge SubdivisionFiling #2 and is a total of 26,670 square feet. The parcel iszoned Prirnary/Secondary Residential District and allows a total GRFA of 49L7 square feet. At this tirne the owners desire to incorporate the parcel into theSpecial Development District. The parcel has been reconfiguredslightly in order to contribute the southern portion of theparcel to the cornmon open space (Tract A). Srnall portions of theparcel are also added to Lots 1 and 2 within the SDD. Lot 1increases in size by 827 square feet and Lot 2 by 2L7 squarefeet. The allowable GRFA is proposed to remain the same for allIots. Total lot size for the new Lot 25 is .60j. acre or 26,L79square feet. Access to the new Lot 25 will be off of Lionrs Ridge Lane asindicated upon the attached Final p1at. 2. The second itern to bethe subdivision.reviewed is the Grading Plan for Surle 308, Vail National Bank Building l08 South Fronlage Road West . Varl, Colorado 81657 . {303) 476-7154 f -' llemorandunApril 18, 1989 Page 2 A Gradlng Plan haE been prepared by the new owners of theproperty and takea into account the uncontrolled fltl placed uponthe sLte by a prevloue owner, the approved Roadway Plans for tbe sDD, acc€ss to the lndlvldual lots, and drainage. These plans are attached as well as Site Sectlons sbich indicate the eite before and after the proposed grading. once ttre gradlng ie conpleted and the road and utllitlee conetructed and Lnetalled the slte w111 be revegetated to protect fron eroElon untll Euch tine ae full build-out of the lots. II \( _.Date of onnrt.ron I. March 27, 1989 APPLICATION FORM FOR SPECIAI DEVETOPMENT DISTRICT DEITELOPMENT PLAIiI This procedure is required for any project that would go throughthe Special Development District Procedure. The application will not be accepted until al-1 information is submitted. A. NAlitE OF APPLICANT Pat Dauphinais ADDRESS P.O. Box 1515, Vail, C0 81658 PHONE 949-4716 B.NAME OF ADDRESS APPLICATiIT ' s REPRESENTATIVE PeteT JamaT 108 S, Frontage Road West, Vail, CO 81657 pHONE 476-7154 AUTHORIZATI SIGNATURE ADDRESS Box 1515, Vail-, CO 81658 pHONE 949-4716 LOCATION OF PROPOSAI ADDRESS LEGAI DESCRIPTION Lots 1-19, Lionsridge il3, Part of Parcel D, Lionsridge /13 $1oo.oo PArDJzdz: r*4 st{ - }:!"".- :< F. A risr or the name or ""i:::11, n."n"rry adjacenr ro rhe Subject property and their miling a.ddresses. II. Four (4) copies of the following information: A, Detailed written/graphic description of proposal ..B. An environmental impact report shAll-.be submitted to the zoningadministrator in accordance with Chapter 18.55 hereof unl-ess waivedby Section 18.56.030, exempt projects; C. An open space and recreational plan sufficient to meet the demands generated by the development without undue burden on availableor proposed public facilities; D. (0\/ER) ,, 'a , Application forlpecial Development DistrJ Development RJ.an ,. D. Existing contours having contour intervals of not more than fivefeet if the average slope of the site is twenty percent or less,or with contour intervals of not more than ten feet if the average slope of the site is greater than twenty percent. E. A proposed site p1an, at a scale not srnaller than one inch equals'fifty feet, showing the approximate locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as land.scaped areas, recreational facili-ties, pedestrian plazas and walkways, service entries, driverrrays, and off-street parking and loading areas with proposed contoursafter grading and site development; F. A preliminary landscape plan, at a scale not smaller than one inch equals fifty feet, showing existing landscape features to be retainedor removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities,bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements; c. Preliminary building elevations, sections, and floor plans, ata scale not smaller than one-eighth equals one foot, in sufficientdetail to determine floor area, gross residential floor area, interiorcirculation, Iocations of uses within buildings, and the general scale and appearance of the proposed development. III. Time Requirements The-..Planning and Environmental Commrl,ssion meets on the 2nd and 4th Mondays of each month. An application with the necessary accornpanyingmaterial must be submitted four weeks prior to the date of the meeting. NOTE: It is recomnended that before a special developnent district applicationis subnitted, a review and connent neeting should be set up with the Departnent of Conmunity Developnent. o"ltlarch 27 , 1989 APPLICATION FOR MAJOR SUBDIVISION REVIEl,l (more than 4 'lots) PHoNE 949-4716A. NAME 0F \PPLICANT eat oauptrinals MAILING ADDRESS P.0. Box 1515, Vai1, CO 81658 B.NAME OF APPLICANT'S MAILINc 4sppg55 108 REpRESENTATIVE Peter Jamar S. Frontage Rd., West, Vail, C0 81657 p11g1E 476-7154 c. / NME OF OI{|NER'S MAILING PROPERTY OWNE SIGNATURE ADDRESS P.O. Box 1515, Vail,c0 81658 949-47 L6 D. LOCATION OF PROPOSAL LSTS 1-19 BLOC KS SUBDIVISIgN Lionsridge il3 LSTS Part of Parcel D BLOCKS SUBDIVISION E. FEE $'l oo. oo PArD eL.&t+ ft6 ,r..oc, qrF lz?91 F. coNSULTATION REQUTRED The first step is to request a meeting with the zoning administrator to assistin meeting submittal requirements and g'ive the proposal a preliminary revjew. G. H. INCLUDE a list of all adjacent property owners and their mailing addresses. SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEW CRITERIA Subrnjttal requirements, reviel't criteria and the approva'l process for major subdjvisions can be found in Chapter'l 7.'l 6 of the Subdivision Regulations. luun 75 3oulh trcntlg. road Yrll, colorrdo 81e57 (303) 476-7000 ottlce ol communlty dcvelopmcnl March 24, l-989 .. Mr. Lonnie Barnhouse Rocky Mountain Constructors, Inc. 3O7O S. Wyandot Englewood, CO 8O1L0 RE: Vail Post Office Dear llr. Barnhouse: The proposal to create a temporary haul road from the postalsite to the Dauphinais property does not have Town of Vail approval . In order to secure approval fron the Town of Vail forthis proposal, please submit a topographic nap with 2' contourintervals starnped and signed by a licensed surveyor for the Dauphinais property, a plan and profile of the proposed road, and a revegetation plan detailing complete revegetation of thesite including a statement by a landscape architect thatindicates there will be no visible scar or sign of disturbance upon revegetation of this site. We also reguest a statement from the management agency or condominium association of theSolar crest Condominiums regarding their position on the proposed haul road. upon receipt of this inforrnation, the proposal will be reviewed by the Town of Vail Corununity Developrnent Department and other operational departments. The reguest may need to be forwarded to the Vail Town Council forfinal decision. No construction of this proposed haul road nay conmence until all necessary approvals are in place. It is a requirement under the Town of vail t'lunicipal Code thatall contractors working within the Town of Vail nust hold avalid Town of Vail contracting license. It has come to theattention of this departurent that Rocky Mountain Constructors,Inc. does not currently possess a valid Town of Vailcontractor's license. I would request that this situation be resolved by Tuesday, March 28, 1989. I Tlrank you for your cooperatLon ln tlrese uatters, and we lookfomard to working with you on your proposal . If you have anyfurther questl.ons, pleaee contact uyeelf or peter Fatten. SincerelJf, R* i.Rick tylnan Town Planner RP:kc ROGKV MOUlQNil l!r. Ron Phillips Sown !4anager To.m of Vail 75 Scuth Frontage Rd. l{est Vai1, (D 81657 Re: VaiL Post Office ffg0ttAR 2 3 ts89 Uarch 23, 1989 Dear lir. Phillips: llhe intent of this letter is infornational regarding our proposed access fronnthe postal site for dirt export to the-adjoining pioperty owned by pat Dauphinais. rn discussiqrs witb stan Berrynan in publ.ic works, he expressed corcgln abourt possible damage to city streets. althorgh Rlrr has hauled to ur.Daq)hinaisrs property late last year, we feel it will be advantageous for allparties,ircIuding ttre Town to create a direct haul. route and stay ott tne city'srigirt of way. ft is the intent of this cont,ractor to inrediately build a rotrgh roadvray for ourtruck traffic. At the conclusion of alL earthnoving qnrations, the roadwaywill be restgred to like-.existing condition. It is an€icipated that sone rel vegetation will be reqr:ired. A mininrm of inpact to the area will be consideredin anr plan. l.lr. Dauphinais and R!f,I feel that this letter is necessary to inforn you of orrintentions arui ask for yo.rr blessing. Frqn this project's inception, R!4cr hastried_to-coope,rate with the Town in every detail. rn fact, we gave the cityseveral thousarrt culcic yards of topsoil from this site at no expense to thL town. We look forward to a continued srccessful hrsiness relationship. If yol havealY guestionsl please contact nyself, Pat Dauphinais or RtlCIrs superinlenclent Rick Ohlson. Sircerely, nocK:r Du.rNIAtN cct{trRncToRs, I}r. tlr^lt 6*J--.* tonn*Le Barnlpuse, Vice president rl'/si cc: File Dean sl|ith GO]ISTRUGTORS 4u',7O €'o o*orn*",NO. 23 1988 authorizes the Towni:and . WHEREAS' gonnetrcLal Federal Savlngs and Loan hag subnitted an 'I ',;flnpclaf ' DeveloPmen t I I Towtf couNcrr-, oF THENOW, THEREFORE; BE IT ORDAINED BY THE TOWN OF vArL, corpRADo, THATs SecElon 1. Amendnent Procedure6 Fulfilled, Planninq Connission Repi:rt, The approval procedures prescrlbed ln chapter t8'40 of the Vail Municipal Code have been fulflltedr'and the Town council has received the report-of the -llanning and Envlronrnental comnission recommending approval oF.,'thg prgp9sed development' plan for special Developnent DLstrict No.t l2t., Section 2.Special. .and the develoPment elopraent of Lots Flling g wlthin the .l applicatibn. fgr.t a..speefal Developnent Dlstrlct approval for Lots I thfough 19, B;oqF,i:1,'ilionsrldge subdivislon Fillng No' 3 to be T-own, aL,:9n!cfi1,ij|t""t"na.ett Dtstrict No' 22i and : ,,.., mreRnegr.'ittiB','esla\rl1lpent of the:, Fgg,uegled sDD 22 will enEpre $n1..fib9;i3p$i:cgoqdlnated developrngf};rwfthin ttre Eown of vail ' _ 'jr " r'"-i : ,' 1l,fl,+11p1.,|tr*tlFl,e r9r,"th1 lrea in',whtqti;;'lt.'le'ettuatedi and .'',;iji:ir=lru+Hn$r,iitug:; r,rTrning .an$ipnv#on*tq$t sequissfen haa ' .. .':,; 1',r1...,, . : t;;r':. :...j: l'.i ., . . .:,t.,'' :1i.: ,: .' _':' '': ' _ 1 r,$pppqpaea;,libpggv,+r ,9cifS1,;plrpcpl+ii,IfilillFdi, al,gq,,subdivlslon ,l f.ffi€r go{:,r.gpftY. -1 ec;.Hrf,ffrer,.;e1iiffii ,,,i ,1.ffi{f,qT,'I:'r;,?-$f'-"[r''qi ::-i;.Tffif-]T5',T;.,ii.'"-if ]'i"'i' ,,11: ll ." ,i p.ffiitn{nerv}q}13,t+lanq' ': l,+'lrqr'wri' 'r;'il111,gf;f,ii,ttiuri',lil,, : iil:, '.i ;',.,:i'i:,:: . : ; -','-'r. t';;,. .' 'i:';::+.!ttl;i.5, ,r;rlil:.'.;;:: tr.,-dfiiljl::.tii{,r.t,.li:. . i'!:. -i i :.".. i:;..jFY''.j.i r, ' i. . .' :,.. . , ;. t :. i': ,i'"i't:{:-..1. .... :.. .r . ,,,,t j, ir.trrri#4 i -il;' r?h'F 1c,epn e"{ri n,c1fffi,tlf lttt t,1 3npr",.grtfater,,,and i}e{Lgrtctf {,fte,ttre 1rror4, f.gg .I ,ti '"11approp::Iate. ;, and,.benef ic lal,i tq, ttre' ao$9 fDE lte'clti zene, .-:....'.,,.: .. ,,, .'!j,, :. i 'j'1 :l . rr .:' ._ i.:,j,.i.| l ., lnhabitants, .. and'vlqitorg tcireglabllgh suqt-l/:fnfclal ' Development I [F,' :: ],:i l: : 1, r,ir'i;i3u:r,ilirj:r::, :r: ,'r jl... .. :r' , : iiil,,;E'.lt.1o reasonable,.r',tr-E. conpithsnBtvi''davelopnent' Ln{.tuia' of ian "lret''ttiat rlt'lr be harroonloue'trtlrr g66'igenera! chatactef :]of ''thi 'torrin'of VaII ' The develdprtent Ls .reEard€d as cdrrnplernilrtirryl go the Tonn bY the Town eounell and me€ts all deslgn gtandaids and crlterla ds set forth lnSectlonlS.{0oftheMunlclpatCode.Asetatedlnthestaff rnemorandurn dated Augus! 8, 1988, there are slgnlflcant aspects of specJ.al Developnent Dletrlct 22 whlch are dlfflcult to satlsfy through the lnposttlon of the standards of the Pr'lrnaryr/ secondary - 'zone dlstrl"et. sDD 22 allows for greater flexibility ln the, development of the land than would'be posslble under the current zoning of the property. The snaller single family lots provide the opportunlty for a conmoh open space for the subdivlsLon as wellastopreservethgsoutherlyridgellneoftheproperty.sDD 22 provldes an approprLate development plan to pregerve the visual guality of, the elte frotil wlthln the subdivlslon as well as adjaeent propertles'and lthe cornnuntty ln general' sectlon 4. DevelciPirent Plan ' A. , The developlnent plan for SDD 22 Is epproved and shall ' constLtute th6:lplen for development wlthln the special developnetlt dtitrlct.: The.-development plan ls comprised of those plans subnttted bylry",Rllcrar Federat savinss and r,oan and conellts of the followJ'ng docunents, whlch wlll be ftnallzid';itli.tll&i.ltbJor subdivl-slon flnal plat revl'ew: andei:siiri'i;;aeUtb3, tnc. datird-l$iiri s,'1988' I ' A,refiibdlvisltih of Lots 1-19r Btrock 2, and Llonsridqe :..a rpts' 1;19; sroCt(r 2rlf,iio r,lonsttdEe r'ahe, Llonsrldge subdlglston: rLlttig 3,''deted July 11, 1988 by Eagre VaILey Surveylng, Inc. .Scale: Itr - 5o'. -2- 4. l{rltten appllcation fron Peter Jamar' Associates' rnc" lots 1-19, Block 2' Llonlirldge No' 3' subdivlslon and . speclal De-rrelopnent DLstrlct; lncludi"ng a descriptlon of the proposil and a speclal development dlstrlct; descrlptlon oi the development plan !-ncludlng lot sl'zes . and naxlnun GRFA'B for each lott and lncludlnq a brief envirorulentil lnpact report as requlred by Sectlon 18'55 of the Vall l{unlclPal Code' 5. Deslgn gruLdellnes Lncludlng archltectural and landscape ted'at flnal Plat review) 'eleilente ' (to,.be subnltl ..] :. i R. The developifent;ilan ehall adhere to the follotirlng: reage of the elte ls 1o'69 acres1. Acreiqel The total ac: or 4651656 Bquare feet' 2. Perdiltted Uses: The permltted uses for sDD 22 shall a. b. Publlc bulldlngsr.ilrounds,and facllltles ' \, c. Itblle or Prlvate BchooIB - d. Publlc park and recreatlon facilttles e. DoE kennel Aceessorv Uses: a. Prlvate greenhouses' toolsheds' playhouses' garages or carports, swLmnlng pools' patios' or.recreation facilLtles custonarlly trncldental to single-fanily uses. b. Hone occupatlons, subJect to 'lssuance of a home occupation perrnit ln accordance wLth the provisions of sectl'ong 18;58'130 through 18'58;19O' c. ', other.ueas'eqstonarlly lncldental and acceBsorY to : Perrttltt.d'of condltlonal uses' and necessary for the oPerallon thereof' 4. -3- €rl "O GRFA '. 21950,1 '.,' 2r94o ,.2,931 2 r 8OO' 2r800 2 rg3L 2r8OO 2 r83L 2,940 2r80O -: .2L 22. ?3, " "tr24.'''L.. ',: . :i' - 2 1fJ00 . 2,8OO . 2,80O . 2r8OO 2,8OO 2r8OO 2r800 2 ,800 2r8oO '-3-8oo. : ." 68r204 -> v.e 8lr1or s i, "rl-r0[f i 6 7 I 9 10 11 L2 13 14 15 16, L7t,. 18 19 20 : - :i7.tr37? i '.: 1l'l .,; . 14;3?.5 : : 111r'761 , . 11'326' 10r454, 10r 454 11,326 10, 89 O tL,326 lx, 7 61 10, 890 13,058 L5,246 . ,.LLr326 8.7L2 , 7,4O5. 9,147 10, O19 9, 148 10,019 ,.10, 019 9r583 ' 10 1454 9, 583 1l :"1' , 2,95O 2 r95O 2,83L a total of 24 dtwelllng unlts on the entire property' -4- ,-'i o f-,f,*O Allowable density on each lot is one Allowabte naxlmum GRFA on each lot ls dwelling unit. as Per the roof or rnansard roof, the not exceed 30t. For a the bulldlng shall not schedule,.!n eectlon 5 abova' Bultdlnq Helqht:' For, a flat he{ght of the bulldlng shall elopLng roof, tlre helght of exceed '33' " g. Site-,g9vgrag9: Not more than 25 percent of the totaL covered bY bulldings.' r{t-e area on each lot shall be 10.&!t<$lqg::tcinq:t:l Parklnq shall ,be as rerequLred ln Section 18.52t* qf tha,ValI'.MunlclPal code' 11: ,. oeel€Lii G'uldellnes: The developnent of each lot shall be guldsd by the Design Guidellnes. as approved as part 6f ,;,,ltheflnalplatrovLewandaslncorporatedlntospeclal ti. ,.'.: - i . .',?i,:..bev3Lobil€nt. Dlstrlct No' 22 '.'i , ,i; :- ' ,,"L2t 'l- ieireilion anenlttes raxi rh.,,rbcreatlon anenLtl'es tax .. . i: .. :;, ., .:1 .. resr.qentLat zbnd';dl'atrlot',''',10,,, :' 'i, r , ' Sectl,on 5. .'Amendnents. ,. . 1 *, ,, . ' An€ndnents to sDD 22 shall foltos the proceduree contaLned I'n SectLon 18.40.xoo of the ValI l{unlclpal code' Section 6. ExPiratJ.on The applicant must begln constructLon of the special Development Dlstrictwlthln3y€argfron,ttretlneofltsflnalapproval'and continue dlllgently toward conpletion of the project' If the applicantdoesnot'beglnanddlllgentlyworktowardthe'conpletion of the SpecIaI Development DlstrLct or any stage of the Special DeveloprnentDlstrl.ctitthlnthetlrneilmltslmposedbythe preceding subsectlon, lhe Planninq and EnvLronmental Cornrnission shal'l revl"ew the Speclal Developnent olstrict' They shall recornmend to the Town Couricll that eLther the approval of the SpeclatDeveloprnerrtDletrlctbeextended,thattheapprovalofthe spealal Developnent Dlstrlct be revoked' or that the Speclal Development Dlstrlct be amended' 8. elte -5- ),r.,|,r,|ft,'l j" ---'r l tl 4rl Ul !'l!' iss/egress Points E Condornlnlurn .,iltroJect': t:'': '' "", . :; ' 2.Dit!.Enguldellnearlnitudlngrrchlt'Ct[ral'andlandscape' ' ',elernents be eubrnitted to the etaff wtth the fLnal plat of appllcatlon. ' rnust be subnLtted. Sectlon 8. 3. That eaeh lot trontlng thc cul-de-6ac have a nlninun frontage -of €0e'feet*on-the c[l-de-gac' {.Moregpeclf,lcplansforlandscbplngandentrywithllghting If any part, sectlon, subsectlon, sentence, clause or phrase of this ordinance le for any reason held to be lnvalld, such decLslon shall not affect the valldlty of the renal.nlng portJ'ons of thls ordinaniei and the Town Councll hereby declares lt would have passed thls ordlnance' and each part, sectlon, subsectlon' sentence, clause or plrrase thdreof, regardless of the fact that any one or nore parts, gectlons, subsectlonsr sentences, claUses or phrases be-declared lnriilld. Sectlon 9. The Town Councll hereby finds, determLnes and declares that thls ordinance lg nacessary and proper for the health, safety and welfare of thc Town'of, VaLI and the lnhabLtants thereof' Section 10. . . The repeal or thE'repeal and reenactnent of any provlslons of the ',.ValI Munldlpal ,Code:as provlded ln thlg ordlnance shall not affect ''.''..'any.rlEht tth'ldh his accruedl anf duty lnposed' any violatLon that aled and reenacted. ;dvlve any Provlslon -6: ,,7 INTRODUCED,READ AND PASSED 1988, and shall be.held , 19gg at 7:3O Bulldlng, Vall,'I a public hearing day of on thl-s p.m. inordl.nance on the Councll Colofado. Ordered ATTEST: Panela vall MunlclPal day of ,1988. of -7r $it ON FIRST READING THIS FanAfa rA. Biandneyerr"'Town clerk Brandndyert -.t I {-,, f', o,ii' ORDINANCESerlea of NO. 23 1988 22, CODB Code authorizes special Devel , .ii ' . WHEREAS, gonrDqrclal Federal Savlngs and Loan has subnitted an applicatien-{gr., a,speeial Developnent Distrlct approval for Lots I Vail 61j,Xp.i lc reaeonabre, oltlzene, TOWN OF VAIL, COIPRADO, THATi s ission Report. The approval procedul'es prescrlbed'ln chapter 18'40 of the vail Municipal Code have been fulfllled, and the Town council has received the report- qf the Plannlng and Envlronmental Commission .recommending approval of+.thg propgsed development' plan for special Development Dtetrict Noq '??.r. , Se Town of vall.'consls$ing.of .J0.69 acres. ,: ;.. \r. : i . ,'j _. .,:.' .i .: harmonl.dub' tltirr the':general' 'Uharactef 'o['rtht ltorrin'of vall ' The develdprilent Is reEarded as cdtnplernintary: g6 the tdwn by the Town Counell and rne€te aII deslgn standeidg'and'erlterLa ds set forth inSebtlonls.4ooftheMunlcipalCode.'Asstatedlnthestaff memorandurndatedAuEustSrlgsstthereareslgnlflcantaspectsof specJ.al' Developnent Dlstrl ct. 22 whlch are dlfflcult to satlsfy through the funposltlon of the standards of the Pr'ltnary/ Secondary 'zone dlstrlet. sDD 22 allows for greater flexibtllty ln the developrnent of the land than would be possible under the current zoningoftheproperty.Thesrnallersinglefamilylotsprovlde the opportunlty for a cornrnoh open space for the subdlvlsLon as well as to preserrre the southerly ridge llne of the property' SDD 22 provldes an approprlate developnent plan to Preserve the vl"sual guality of the stte fr:Jn wlthln the subdivisLon as weII as adJacent propeitJ.es' and lthe cotnrnunlty In general sectlon 4. DeveloPment Plan A. The developtnent plen for sDD 22 Ls dpproved and shall ' constl.tute the.:!lan lor developnent g,ithln the special developtnefitdl6trlct.:Thedevelopnrentplanlscornprisedof those plans sibnlttea by comrnercial Federal savlngs and Loan and constits rit the followLng docunents, whlch will be .,. . l finallzad"'{tlr.th&',lnbJ6r subdivlslon flnal p}at review: i subdlvlston Ftllig 3,'datsd July 11, 1983 by Eagle valley Surveylngr Inc. .Scale: Ix - 50t -2- ''i, O $:. o ' ;sociates' Inc' t 4, t{ritten applicatlon fron Peter Janar' As lots 1-19, Block 2' Lionlirldge No' 3' Subdi'vlslon and . speclal Developrnent Dletrlctt lncluding a descrlptlon of lal develoPment dlstrlct;' the ProPosil and a sPec descrlptlon of the development plan lncludlng lot sizes . and maxlnurn GRFA'6 for eabh lotl and lncludlirg a brlef environneflta!' lmpact report as requlred by:Sectlon 18'56 of the ValI t{unlclPal code' 5. DestEn guldellnee lncludlng archltectural and landscape elefrents ' (to :Ue subrnltted at f lnal plat revlew) ' B. The develoPhent Plan.shall i reaqe of the elte ls 10'69 acres1. Acreiqet 'The total ac: or 4651656 square feet' ' b. roUf t" bulldlngsr., grounds.tlu faclllties ,Is Vc' Publlc or Prlvatd gchoc d. Publlc park and recr€atlon facllltles e. Dog kennel 4. Accessory Uses: a.Prlvategreenhouses,toolsheds,playhouses,garages or carports, swlmrnlng pools' patLos' or'recreation faclllttes' customarlty lncldental to single-fanily ' uses. b. Hone occupatlons' subject to issuance of a home . occupatlon, pernrlt ln accordance with the provisions of Sect'l'ong 18;58 ' 130 through 18 ' 58 ' 190 ' c. 'other.uses'custonarlly lncldental and accessorY to 'i.pe4ttr'tt"d] or condltlonal uses' and necessary for the oPerallon thereof' 2. -3- €t "t ,' ..., "". t{N(rMtfi GRFA, .:' ".,."1L191 o,lo 1 ,5 6 7 I 9 10 11 L2 13 14 15 19, L7"',. . 18 t9 2r93o, 2r.g10 ,? ,931 ' 2r8OO' 2r800 2,83L . 9, 80o 2 r83L 2 r94O 2,80O 2 r95O 2 r95O 2r831 - 2 tBOO . 2r8OO 2,8OO . 2,8OO 2 r8OO 2 ,800 2r800 2r8OO . 2r8oo s 2,80O .. .: 68 , 204 "| var 8lr1or as thg Fear shall perrnit propertY. AllowabIe Allowable densitY on each lot ls one dwelling each lot .is as Per unit. the eloping roof,, the height of exceed 33';" roof or mansard roof, the not exceed 3O'. For a the building. shall not ' sit6.cov€,raqe: .Not nore than 25 percent of the total eite area on each lot shall be covered by buildings' Pait<tnq3' Parklng shall be as rdguLred ln Section 18'52-- .gf .tha :'Yill'.MunlclPal' code' I ^--^t ^--^-l a€11. pesf.ari CulaetLnes: The development of each lot ehall be roved as Part 6fgulde'a'by the oeslgn Guldellnes. as app r, i,,.the f,lnal plat'revlei' and gs !'ncolPorated lnto speclal ,,1 . i r: . ',;i'.,.Opveloirrtent Dlstrlct No' 22' '" j:" ' ' ,,12r : Relrgitton runentlt-e4,rax: Th6,recreatlon arn;1.ltfes tax ;i: ' i .':i,... , . :resroentlar zbndr-dLstrlot",'',llr,,' :' '', : Sectl.on 5..'.lmendments. ..:: -!: ... , ' :. .': . .' ') r contalned lnAnendnents to SDD 22 ehall lollow th€ prodedurel '.sectlon 18.40.100 of the vall MunlcLpal c6de' Sectlon 6. ExPlratlon The applicant must begin constructlon of the speclal DeveLopnent Distrlctwlthln3yeargfrorn.thetlneoflts.flnalapproval,and contLnue dtltgently toward cornpletlon of the project' If the applicant does not begln and dlllgently work toward the completion of the Speclal Developrnent Dlstrlct or any stage of the Special Development DistilCt wtthln the tftne llmlts imposed by the preceding subsection, lhe Plannlng and Envlronmental commissLon shall review the special Developrrent District' They shall reconmend to the Town Couricll that either the approval of the SpeclatDevelopmentDl.gtrlct:beextended,thattheapprovalofthe special Development Dlstrlct be revoked' or that the speclal DeveLopment Distrlct be' amended' 9. schedule', -5- dr tat,\ ! ;., - ---6 1 r.l appllcatton. 4tl ur r' rlil tst o of ..elementsbegubnittedtothestaffrilththefi.nal'plat 3. That each lot frontlng the cul-d€-6ac have a ninhnurn frontage lrlth llghting of tolf€€t-on'the cul-de-stc' 4. l,lore specllle plans for landtscbplng and entry ' rnust be subnitted. SectLon 8. If any part, sectlon, subsectlon, sentence, clause or phrase of thisordinanc.elsforanyreasonheldtobeJ.nvalJ.d,suchdecl.sion shall not affect the validlty of the renaining portlons of thls ordinaniet and, the Town Councll hereUy declares it would have passed thLs ordlnance' and each part, sectlon, subsection' sentence, clauee or phraee- thereof, regardless of the fact that anyoneornoreparts,sectlons'aubsectl.ons,sentences,clauses or phrases be declared lnvelld. Seetlon 9. The Town CouncLl hereby flnds, deternines and declares that this ordlnance Ls necescary and proper for the health' aafety. and $relfare of, the Town of VaLI and the lnhabLtants thereof' Section 10. , .. . The repeal or the'repeal and reenactment of any provLslons of the valluunlclpal.Code'asprovldedinthlsordlnanceshallnotaffect.'.'''..' any'rlEht wh'lch fri"'""tt"ed,. any duty funpoeed' any vlolatlon that occurred prlor to the etfectlve date hereof, anf prosecutLon ,.,,4 $ -to INTRODUCED, READ AIID PASSED ON FIRST,READING.THIS .-.,;-, 1988, and a Publlc hearlng CoIorado. ordered publlahed ln full thls ATTESTs day of shall be held on thls , 1988 at 7:30 P.n. ln nulldlng; Vall, day of ,1988. of -7- ORDINANCE NO.32 Series of 1991 AN ORDTNANCE AMENDTNG ORDTNANCE NO. 10, SERTES OF 1991, TO PROVIDE TYPOGRAPHICAL AND WORDING CORRECTIONS FOR SPECIAL DEVELOPMENT DISTRICT NO. 22, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 10, Series ol 1991 repealing and re-enacting SDD No. 22 was approved with certain typographical and wording errors; and WHEBEAS, the Town Council wishes to correct those errors. NOW, THEREFORE, BE IT OFDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 4(AXG) -Setbacks of Ordinance No. 1 0, Series of 1991 is hereby amended to read as follows: Minimum setbacks shall be as indicated on the approved site development plan by Arnold/ Gwathmey/Pratt Architects, dated March 2?, 1990. A 4 foot roof ovcrhang shall be allowed in the front setback for LotF 15:10- lirovided the rear setback is increased by 4 feet. A 4 foot roof --\-overhang shall be allowed in the front setback for Lotsd0;2a,)rovided the rear setback is increased by 4 feet. Roof overhangs shall be allowed lo encroach up to 2' into the required side setback of 10' for each lot. An unclosed, unroofed, deck or patio within 5 feet of finished grade may encroach Into the rear selback by 5'for Lots 1-1{ and 20-24. No other setback encroachments shall be allowed. Section 2 Seclion 5(G) - Conditions of Approval of Ordinance 10, Series of 1991, ls hereby amended to read as follows: The development of Special Development District No. 22 will have impacts on the availabl' employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide cmployee housing on site. The following restrictions shall apply to all employee dwelling units within SDD No. 22: The developer shall buib a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400'square feet not to exieed 50CIsquare leet and is allowed to have a kitchen. the GRFA and number ol employee ;nits shall not be counted toward allowable density or GRFA for Special Development District No. f zz. ne developer may choose to transler up to 300 flj.$. of GRFA from the primary unit to the/ it''/ employee unit, Tho GRFA transferred will be deducted frorq the total allowable GRFA of tho,l \ VcurJ qc/.,tq,il y go "fe g@O , E ftiJs ,,. AvrJ L primary unil The developer may provide up to 24 employee dwelling units including the 6 required dwelling units if so desired. The employee dwelling units may be located on any of the lots within the suMivision providing all the development standards are met for each lot. Only one employee dwelling unit shall be allowed per lot with a maximum of 24 units allowed. An employee dwelling shall be incorporated into the structure of the prtmary resldence and shall not be allowed to be separated from ths primary unit. Each employee dwelling unit shall have one enclosod garage parking space. This parking space shall not be detached from the single{amily garage or structure. The employee dwelling unit shall be prohibited lrom having a wood burning fireplace. Each phase of conslrucllon shall Include a mlnlmum of one employee dwelllng unlt untll slx employee dwelllng units are constructed and available lor rental. The employee dwelling unit shall be permanently restricted as a rental employee dwelling unit. The employee dwelling unit shall not bo 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 lull-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 Avon and their surrounding areas. A tull-time employee is a person who works an average of 30 hours per week. An employee dwelling unit shall not be divided into any form of time-share, interval ownership, or fractional fee ownership. The employee dwelling unit shall not be sold, lransferred or conveyed separately from the single family rrnit. The owner of each employee dwelling unit shall be requlred to declare in writing on an annual basis lo the Town of Vail that the employee dwelling unit has been rented as a long term rental per the requirements outlined in this section. This declaration shall include a written statement from the owner listing the renter's lrame, place of employment, and length of time the unit was rented. The declaration shall be required to be signed by both the lot owner and renler. A declaration of covenanls and restriclions shall be filed on record in the office of the Eagle Counly Clerk and Recorder in the form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a buildir,g permit is releassd for the construction of any employee dwelling unit. Tho Town of Vail shall be a party to this employee housing agreement. Section 3 lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not eflect the validity of the remaining portions of lhis ordinance; and the Town Council hereby declares it would have passed this ordinance, and each parl, seclion, subseclion, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. $eclion 4 The Town Council hereby finds, determines and declares that thls ordinance ls necessary and proper lor the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or lhe repeal and reenaclment of any provlsion of the Vail Municlpal Code as provided In this ordinance shall not affect any right which has accrued, any duty lmposed, any violation that occuned prlor to the elfective date hereof, any proseculion commencod, nor any other action or proceeding as commenced under of by virtue of the provislon repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provislon or any ordinance previously repealed or superseded unless expressly stated herein. Section 6 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolutlon or ordinance, or part thereof, theretolore repealed. lI'ITRODUCED, BEAD ON FIRST READING, APPROVED AND ORDEBED PUBLTSHED ONCE lN pg1g, 15;s lst day of october 1991. A public hearing shall be held hereon on 6" 15th day o; October 1991, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Munlcipal Building of the Town. ATTEST: READ AND APPROVED ON SECOND BEADING AND ORDERED PUBLTSHED by !it1e thls 15 day ol October . 1991. ATTEST: ff'? ayor Pro Tem ./ Pamela A. Brandmeyer, Town Clerk Pamela A. Brandmeyer, Town Clerk a ORDINANCE NO. 10Series of 1991- AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 13, SERIES OF 1990, TO PROVIDE CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 22 THAT CONCBRN LOT SIZE AND CORRESPONDING GRFA AND EMPLOYEE DWELLING UNITS AND ARCHITECTURAL GUIDELINES; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the VaiL l4unicipal Code authorizes Special Development DisLrict.s within the Towni and WHEREAS, The Town Council approved Ordinance No. 13, Series of 1990 Special Development District No. 22; and WHEREAS, Dauphinais-Moseley Construclion has requested to amend the existing Special Development District No. 22; and WHEREAS, the Special Devel-opment District provides for creat.ivity and flexibility to allow for the development of affordable housing; and WHEREAS, there is an identified need for affordable housing i-n the community; and WHEREAS, The Planning and Envlronmental Comml-sslon has recommended that certain changes be made to Special Development District No. 22; and WHEREAS, The Town Council considers that it is reasonabLe, appropriat.e, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 13, Series of 1990 to provide for such changes in Special Development District No. 22, Dauphinais-Moseley Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 13, Series of 1990 is hereby repealed and reenacted to read as follows: Section 1. Amendment Procedures Fulfi1led. Planninq Commission Report The approval procedure prescri.bed in Chapter 1-8.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and EnvironmenLal Commission recommending approval, of the proposed developrnent plan for Special Development District No. 22. SecLion 2. Special Devel-opment. District No. 22 Special Development District No. 22 ISDDZZ) and t.he development plan therefore, are hereby approved for the development of Lots 1 through L9, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. Section 3. Purpose Speclal Development DistricL 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets all design standards and criteria as set forth in Section 18.40 of the Municipal Code. There are significant aspects of Special Development Dist.ricL 22 that are difficult to satisfy through the imposition of the standards of the underlying primary,/secondary zone dist.rict. Special Development DistricL 22 aIlows for greater flexibility in the developmenL of the land than would be possible under the current zoning of the propert.y. The smaller single-family lots provide the opportunity for a common open space for the subdivision as weII as the means to preserve the southerly ridge l-ine of the property. Special Development District 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. Section 4. Development PIan A. The development plan for SDD 22 is approved and shall constitute the plan for developmenL within Lhe Special Development Dlstrict. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents which will be finalized at the Major Subdivision final plat review: L. Slte development plan, Lionsridge Resubdivision of Lots 1-19, VaiI, Colorado, Arnold/Gwathmey,/Pratt Architects, daLed ll.larctr 22, 1990. l, , 2. Conceptual landscape pLan, Arno]d,/Gwathmey/praLt Architects, dated March 20, 1990. 3. Final plat. of Lionsridge Subdivision Filing No. 5, a resubdivision of Lots 1-L9, Block 2, and Moraine Drive, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado sheets 1- and 2, Intermountain Engineering Limited, dated April 19, 1989. 4. Const.ruction, grading and drainage drawj-ngs for a resubdivision of Lots 1-L9, BJ-ock 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, IntermounLain Engineering Limited, sheets L-8, dated March 9, 1989 to be finaLized at the final plat review for the subdivision. 5. Soils and Foundation Investigation for LoEs L-24, Lionsridge 5th Filing. 6. Lionsridge Color Pa1ette, Arnold,/Gwathmey/Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais-Moseley Subdivislon recorded August 23, 1990. B. The development standards shall be as follows: L. Acrease: The total acreage of this site is 10.69 acres or 4651550 square feet. 2. Permitted Uses: The permitted uses for SDD 22 sha1l be: a.' Single family residential dwellings b. Open space c. Public roads d. Employee dwelllng unlts as defLned ln Sectlon 5, paragraph G of this ordinance. 3. Conditional Uses: a. Public uttlity and public service uses b. Public buildings, grounds and fai;itities c. Public or private schools d. Public park and recreatj.on faciLities 4. Accessorv Uses: b. Prj-vate greenhouses, toolsheds, playhouses, garages or carport.s, swimming poo1s, paLios, or recreation faciLit.ies customarily incident.al to single-famiJ-y uses. Home occupatj-ons, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 1B.58.190 of the Town of Vail Municipal Code. Other uses customarj-ly incident.al and accessory to permitted or conditional uses, and necessary for Lhe operation thereof. 5. Lots Sizes and Maximun GRFAs: MAX GRFA rNCL. 425 SQ. FT.LOT SIZE GRFA ALLOWANCE PER UNIT1 11,805 2,293 2,7t82 16,248 3,1,71 315953 11,500 31171 3,5964 LL,76L 2t293 2,'1.tg5 12tI97 2,293 2,7196 11,500 3,r7t 31596'l Lt r 543 3,t7t 315968 11,021 3,!7t 3,5969 11r 456 3rL7L 31 59610 11r 979 3,t7t 3159611- L0r803 3,I7I 315961.2 12, 981 3,171 3,59613 1-5, t_59 3,171 3,596L4 11,151 3,171 3,59615 8,538 2,293 2t7L816 8,494 2,293 2,'lt8L7 8,494 2,293 2,7t818 L0,062 3,1.7L 3,59619 9,148 2,293 2,71.820 9,801 3tL7L 31 5962t L0,237 3. r?t 3,59622 91 409 2,293 2,7L823 9,148 3tr7I 3,59624 10,629 2,293 2,719 68 | 202 '18 , 402 GRFA shall mean the total. sguare footage of, all levels of a building, as mealrured at the inside face of the exterior wal1s (i.e. not including furring. sheetrock, plaster and other simiLar wall finishes). GRFA shall include, but not be limited to, elevator shaf,ts and stainrellg at eaclr level, Iofts, fireplaces, mechanical chases, vents, and storage areas. Attics, crawl spaces and roofed or covered decks, porches, teraces or patios shall also be included in GRFA, unless they meet the provisions of paragraph A below. A. within buildings containing two or fener dwelting units, the following areas shall be excluded frorn calculation as GPJ'A: 1. Garage spacesr of up to three hundred (300) sguare feet per garag€ space not exceeding a maximurn of two spaces for each allowable dwelling unit and one for each allowable employee unit. 2. Attic spaee with a ceiling height of five feet or Iesa. alt measured from the top side of the structural members of the floor to the underside of the structural members of the roof directly above. Attic area created by construction of, a roof with truss-type members will be excluded from calculabion as GFJ.A provided the trusses are spaced no greatser bhan thirty inches apart. 3. Crawl spacelr accessible through an opening not greater than twelve sguare f,eet in area, with five feet or less of ceiling height, ast mealrured from the surface of the earth to the underside of structural floor members of the floor/ceiling assembly above. 4. Roofed or coversd decks, pgrctrea, terracea, patios or sinilar feature/space with no more than three exterior walls and a minimum opening of not less than 25t of, the lLneal perLmeter of, the area of, said deck, porch, terrace, patio, or similar feature/space provided the opening is contiguous and fully open from floor to ceiling, rlth an allowance for a railing of up to three feet in height. GRFA shall be calculated by measuring the total square footage of a building as set forth in Section 18,04.130 of the VaiL Municipal Code. Excluded areas as set forth in paragraph A shall then be deducted from total square footage. In addltton to the above, four hundred twenty-f,Lve feet of gross residential floor area (cRfA) shatl permitted for each allowable dwelling unit not to any restricted employee housing unit. square be include g2 /.t 6.Setbacks: Minimum setbacks shalt be as the approved site development plan by indicated old/Gwathmey,/Pratt Architects, daLed Ma 22, 1990. roof owerhang shall be all the front setback fo\Lots 15-19, provided rear setback is increased by 4\eet. A 4 foo f overhang shall be allowed in the setbacl( of Lots 20-24, provided the front setback is shall be aLlowed lnc by { feet. Roof overhangs o encroacn to 2' into the requj.red side setback"6f t 0' for each lot.unenclosedT unroofe.df, deck or patio within 5 feet finished grade may:rlbncroach into the rear setback by 5, fo ts 1-14 and 20-24. No other setback encroachments shall be allowed. Densitv: Approval of this development pfan shall permit a tot.al of 24 single-family dwelling units on the entLre property. A mlnlmum of 6 employee dwelllng units shall be incorporated into any 6 of the single- family units. A maximum of 24 employee dwelling units (lncluding the six required employee units) nay be included within 15 of the single-farnily units if desired by the developer or individual lot owner. Buitdinq Heiqht: For a flat roof or mansard roof, the height of the building shatl not exceed 30r. For a 7, 8. sloping roof, the height of the building shall not exceed 33'. The height calculation shall be made by measuring from the existing grade as indicated on the Intermount.ain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated per Section 18.04.1,?0 of the Municipal Code. Site Coveraqe: Not more than 25 percent of the total site area on each lot shall be covered by buildings. rrSite coveragerr shaU mean the ratio of the totat building area on a site to the total area of a aite, expressed an a percentage. For the purpos€ of calculating site coveralte, ',building area,r shall mean the total horizontal area of any building as meagured from the exterior face of perimeter building walls or supporting colunns above grade or at ground level, whichever is the greater area. Building area shall include all buildings, carports, porte cocheres, arcadeg, and covered or roofed walkways. In addition to the abowe, building area shall also include any portion of roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet from the exterior face of perimeter building wallg or supportLng colunns. Paikinq: Parking shall be as required in Sect.ion 18.52 of the Vail Municipal Code. Each employee dwellJ-ng unit shall be required to have at least one enclosed garage parking space. L1. Dqsiqn Guidelines:The development of each Lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development DisLrict No. 22. The guidelines are as follows: a. Architectural . The architectural design of the buildings upon the site shall be such that 9. 10. buildings relate harmoniously to each other. This is noL to imply that each building must look exactly similar to those around it, but that compatibility be achieved t.hrough the use of scaIe, naterials and colors, and building shape and form, The overriding concern is that,, upon completion, the Special Development District, because of the cl-ustered nature of the small single family Lots situated around common open space, should appear to be an integrated development possessing a cornmon architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot, owners: A palette of coLors shatl be as set forth in the Lionsridge Color palette from Arnol-d,/Gwat.hmey,/pratt dat.ed March L990. Colors are indicaLed for t.he use on different types of building mat.erials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicate a ranse of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable ranse. The following building standards and materials shall be adhered to: (1) Roof . the roof pitch shall be a mtnlmum 8,/12 and a maximum of L2/L2. A gable, clipped gable or hipped roof shall be mandatory. Dormers shail be allowed and reviewEd by the Design Review Board. The roofing material shall be cedar shake shingles with staggered butts. l-l " .,t9.fFJ,tir.frttfit'.trd-F,,..... (2, Chimnevs. The chimneys shall be stucco with chimney caps of weathered copper. (3) Plues. A11 flues shaLl be galvanized or "paint Lol-s" sheet metal, painted to maLch the roof. (4) Main Fascia. The main fascia shall be a solj-d color stain, with brown, taupe, or gray. (5) Secondarv Fascia and Metal Railinqs above the First Floor, The secondary fascj-a and metal railings above the first. floor shal1 be a muted accent trim color to be reviewed by the DRB. (6) Walls. Walls shall be of stucco and horizontaL or vertical wood siding. Stucco col-ors shall be gray, beige or off-white. Wood siding colors shall be gray-, brown or taupe. (7) Stone. Residences will have a minimum of a two foot high stone waj.nscot in rainbow mix with a sandstone cap around the perimeter of the structure except under decks where substantialJ.y concealed by landscaping. (B) Windows. Windows shall be recessed a minimum of two inches from the outside wal1 plane and have a sandstone siII. Trim shall be white, taupe or brown. (9) Outdoor Llqhtinq. Outdoor lightlng shall be. indirect with a concealed source except for an entry chandelier which may be exposed globes with a fixture of black or weathered cooper look met.al . AII exterior ligbting shall be reviewed by the DRB. (10) Garaqes. No garage doors shall directly face the street, except on Lot 24. (11) A resident.i-aI address/nameplate if desired the owner shall be located on the side of garage facing the access point. to the lot. (L2) Landscape. When the individual landscape pJ-ans are designed for individual lots, special care shall be taken in the design side yard landscaping in order to provj.de adequate screening between struct.ures. Recreational Annenities Tax: The recreation amenities tax shall be assessed at the rate for a single-family residential zone district. by the of T2 A. R c. D. Section 5. Conditions of Approval Special Development District No. 22 shall not be effective until the major subdivision is approved by the planning and Environmental commission and is recorded by the Town of vail at the Eagle County Clerk and Recorders Office. The major subdivision shall be recorded at the Eagle Count.y Clerk and Recorder, s Office before a building permit is released for any construction on the subdivision including common improvements as well as individual residences. The Town of vail Engineer sharl have the right to review and approve the five (maximum number) curb cuts for lots LS-23 accessing off of Lionsridge Loop to ensure proper driveway orientation, Iandscapj-ng, visibilit.y, and drainage before a building permit is released for any of the units on these lots. Back out driveways are prohibited for these lots. The deveLoper shall submlt a landscaplng, signage, and wa1l design for the entry to the subdivision for review and approval by the Town Engineer before final Design Review Board approval . The deveroper shall construct a sidewalk arong the north or south side of Lionsridge Lane. The developer may construct the entire sidewalk under the phase r building perrnit or may construct the sidewark in subsequent phases of construction. j.li 10 As each lot is developed, the portion of the sidewalk adjacent to the lot shaLl be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the unit on the lot. The developer shall be responsible for constructing a bus shelter on the west or east slde of the entry into the subdivision if and when the Town of Va1l deems it is appropriate to provide bus service to properties adjacent to Lionsridge Loop and/or if the School District determines it is appropriate to provide bus service for Lionsridge Loop property owners. The bus shelter design shall_ be mutually acceptable to the developer and Town of Vail. The bus shelt.er shall al-so be required to receive approval from the Design Review Board. gFrS nz lq I G.The development of Special Development District i11 h\ve impacts on the available employee housing Eagle Valley Area. In order to help meet for Special Development clroose to transf,er up to unit to the employee the upp addit.nal employee housing need, the develo of Special Develo t District No. 22 shall provide loyee housing on site. employee he following restrictions sh apply to all owe\ing ,rhits wit.hin sDD No./ 22: The devbloper sha build a min of six employee dwelling units wit.hin Lhe s vtsron Each employee dwelling unit shall have a mini.mum s footage of 400 square feet not. to exceed 500 square fee nd is allowed t.o have a kltchen. The cFtFA and number otn€mpl ee units shal-l not. be counted toward allowable der.rsity or Dlstrict No. 22 . ,.,'Ehe developer ,,/300 sq. ft. of,rGRFA from the pr unit. The GBEA transferred will be cted from the total aIlowabIe,,€RFA of the primary unit. The No. 22 with 11 eveloper may provide up to L5 employee dwelling units including the 5 required dwelling units lf so desired. The loyee dwelling units may be located on any of lots w\hin the subdivision providing all the devg.fopment. standards met for each lot. OnIy one emll yee dwelling unit shall allowed. The owner of to declare in each employ writing o icted 1l ing less lbe the deemed n, fuII- hours ided or unit shall from the unit shall be required basis to the Town of Vail be'Ilowed per lot with a max of 15 units An emp\yee dwelling shall incorporated into the structure of th\>rinary res ce and shall not be allowed to be separat rom f/Ie primary unit. Each employee dwelling unit s have one encLosed garage parking space. This king sbace shall not be detached from the single-f Iy garage or s cture. The employee dwelling unit 1l be prohibited from\aving a wood burning fireplace.ach phase of construction shAll include a m]-n of one employee dwelling unit. until s employee dwelling units are constructed and available for rental The oyee dwelling unit shall be permanenLly restr as a rent{ employee dwell"ing unit. The employee unit shall n be leased or rented for any perigd of than 30 consecu ve days, and that if renLefr it shal rented only to tenhpts who are fu1l-timelmployees in Upper Eagle Valley.he Upper EagLe !6l1ey shaLl- be to i.nclude the Gore Val , Minturpr{ Red cliff, Gilma Eag1e-Vail, and Avon and th\rrdurrounding areas. A t.ine employee is a person w rks an average of 30 per week. An employee d9r€11ing u\t shal1 not be div into any form of time;r€hare, interva\ownership, fractj.onal fee own"y'rship. The employee\dwelling1\not be sold, tradsferred or conveyed sepalately single family unit. I2 elling that the employee dwelling unit has be rented as a long d in this section- statement from the f employment, anci declaration shall owner and renter, term renta\per the requirements This declaratiob-shall inctude a obrner listing the rentd lengLh of time the unit w be required to be sign A declaration of covenants and restrictions shall be filed on recorq r e office of the Eaql unty Clerk and Recorder in the fo pproved by 2{he Tohrn ALtorney for the benefit of the Tohrn shall run with the eh.sure4.hat the resLrictions herern fo\ a building permit is released H. for the constructi any employle.-dwelling unit. The Town of Vail sha11 party to this employee housing agreement. The developer and Town shall enter into a developer's agreement. which shall provide that no final plat for subdivision shall be signed by the Town unfess security is provided by the developer to ensure completion of the requirements set forth in Conditions Dr E, and F. The security set aside for the bus shelter in Section 5F shall be reviewed by the Community Development Department after two years from the date the finaL plat is recorded to determihe if the bus shetter shoul-d be constructed. The Community Developrnent Department shall require that the security be extended an additional Lwo years if the Communit.y DevelopmenL Department deLermines lt may be necessary to construct the bus shelt.er after the first 2 year period. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's out lzl ne !aF€, place o rented. The by both the lot to Iand of IJ J. office. The Town of VaiI shall be party to these a9reements. The first phase of construction for the subdivision shal1 include construction of resj-dences on Lots 1-, 2, 3, 4, 5, and 24, project entry plan comptetiort( final grading of common open space, and revegeLation of natlve grasses on all disturbed portions of the subdivision, paving of Moraine Driwe, aII utilities constructed and stubbed to individual lots, as well as drainage j-mprovements. The second through fifth phases sha1l include construction of 4 to 5 units per year until t.he project is buil-t out. Sect.ion 6. Arnendments Amendments to Special Development District No. 22 shalJ- folLow the procedures contained in Sectj-on 18.40.100 of the Vail Municipal Code. SecLion 7. Expiration The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant dobs not begin and diligentl"y work toward the completion of the Special Development. District or any stage of the Special Development District within the tine linits imposed by the preceding subsection, the Planning and Environment,al Commission shall- review the Special Development District. They shall recommend to the Town Council LhaL eit.her the approvaL of the Special Development District be extended, that Lhe approval of the Special Development District be revoked, or that the Special- Development District be amended. L4 Sect ion 8 . If any parL, section, subsection, sentence, cfause 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 by declared invalid. Section 9. The Town Council hereby finds, determines and decl-ares that this Ordinance is necessary and proper for the heallh, safety and welfare of the Town of Vail and inhabitants thereof. Section L0. The repeal or the repeal and reenactment of any provisions of VaiI Municipal Code as provided in this ordinance shal1 not affect any right which has accrued, any duty imposed, any violation that occurred prior t.o the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded uhless expressly st.ated herein. Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent. herewith are hereby repealed to the extent, only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolulion or ordinance, or part thereof, heretofore repealed. INTRODUCED, Aprtl READ AND PASSED ON FIRST READING THIS 16 day of and a public hearing shafL be held on thist997, l_5 Colorado. Ordered published ln full this 16 day ordinance on the 16 in the Council Chamber day of Aprl1 , 199L at 7 :30 p.m. of the Vail Municipal Building, Vail, of Apr1l L991. READING AI.ID ORDEREDof May , L99t ATTEST: INTRODUCED, READ AND APPROVED ON SECOND PUBtf SHED By Tltle Onl-y this 7 day ATTEST: /''"'\4(,u,uttl,6q+dw,,,,,., Pamela A. Brandmeyer, Town Clerk R. Rose, PameIa A. Brandmeyer, Town Cl_erk Rose, L5 ,'' SUBDIVISION IMPROVEI,IENTS AGREEMENT -tt A TIIIS AGREEMENT, made and entered into this l7'" a^y of I1U6ilST ,L990, by and between DAUPHINAIS-MOSELEY CONSTRUCTION, (hereinafter called the rrsubdividerrr), and the TOWN oF VAIL, (hereinafter called the trTownn). WITNESSETII: WHEREAS, the Subdivider as a condition of approval of the FinalPlat of Dauphinais-uoseLey Subdivision Filing No. 1, a Resubdivisionof Lots 1 through L9, Block 2, and Lionrs Ridge Lane, Lionts Ridge Subdivision Filing No. 3, Town of Vai-l, Eagle County, Colorado (hereinafter called the itPlatn), wishes to enter into a Subdivision Inprovements Agreenrenti and WHEREAS, the subdivider is obligated to provide security orcollateral sufficient in the judgment of the Town to make reasonable provisions for completion of certain inprovements set forth below; and WHEREAS, the Subdivider wishes to provide collateral to guarantee performance of this agreenent, including construction of the above- referenced inprovements by neans of the following: An irrevocable letter of S121,775.OO, which shall II,TPROVEMENT a. Road Preparation and credit, or cash escrow in tbe amount of provide the security for the following: cosT $68,700. 00 $25, 000 . oo s 6,000.00 922,O75.OO s 5,00o.00 Subdivision Inprovenent following mutual covenants agree as follolts: Paving* b. Sidewalk, curb and gutter:t c. Bus stoP** d. Off site drainagerr** . €. Revegetati6n**** ***:t gssqlity already provided by previous Agreernent and related Letter of Credit. NOW THEREFORE, in consideration of the and agreenents, the Subdivider and the Town * As per pJ.ans and specifications.** As per plans and specifications and costs of John Gallegos.*** Cornputed at L00? of total cost of i22,075.OO. I 1. The Subdivider hereby agrees, atto furnish all equipnent and naterial complete, on or before the following dates: its sole cost and expenses, necessary to perform and II.IPROVEMENT a. Road Preparation and Paving b. Sidewalk, curb and gutter c. Bus stop off site drainage Revegetation DATE OF COMPLETION october 1, 1990 October 1, 1990 90 by days fron reguestthe Town of Vail d. e. October 15, 1990 Novenber 1, l-990 The subdivider shall conplete, in a good workroanlike manner, allpublic improvenents as shown in the final plat documents for the Subdivision in accordance with all plans and specifications for the Subdivision filed in the office of the Cornnunity Developnent Department, the Town of Vail, and to do all work incidental thereto according to and in courpliance with the following: a. All final plat docunents subrnitted prior to or at the tine. of final plat approval . b. All laws of the United States of A:nerica, State of Colorado,or Tolen of Vail and its respective agencies, affected special districts and/or service districts. c. Such other designs, drawings, naps, specifications, sketches, and other matter subnitted by the Subdivider to be approved by any of the above-referenced governnentalentities. A11 said work shall be done under the inspectionof, and to the satisfaction of the Town Engineer, the TownBuilding official, or other official fron the Town of Vail ,affected special districts or service districts, as their respective interest uray appear, and shall not be deemed conplete until approved and accepted as corapleted by the Town of Vail Cornrnunity Development Department and Public Works Department. 2. The estinated cost of said work and inprovenents is the sumof $L26,775.OO. To secure and guarantee perforrnance of its obligations as setforth herein, the Subdivider agrees to provide security and collateral as follows: An irrevocable letter of credit fron First Bank in the amount of 91071450.00 on a forn acceptable to the Town Attorney or a cash escrow in the amount of S1o7r45o.o0 to be held by Land Title Guarantee co., as escrow agent, which in addition to the previous letter of credit for the revegetation shall provide tbe securityfor the improvenrents set forth above if there is a default underthis Agreement by the Subdivider. The baLance of the funds intlre amount of $14,325.0O sha11 be in the form of a certified check to be held by the Town. 3. The Subdivider nay at any tine substitute the collateral originally set forth above for another forn of collateral acceptableto the Town to guarantee the faithful conpletion of those public improvenents referred to herein and the performance of the terrns of this Agreement. Such acceptance by the Town of alternative collateral shal1 be at the Townrs sole discretion. 4. The Town shall notr' nor shall any officer or employee thereofi be liable or responsible for any accident, loss or daroage happening or occurring to the work specified in this Agreement prior to the conpletion and acceptance of the same, nor shall the Town, nor any officer or employee ttrereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall and are hereby assuned by the Subdivider. The Subdivider hereby agrees to indernnify and hold harnless the Town; and any of its officers, agents and ernployees against any losses, claims, damages, or liabilities to which the Town or any suchof its officers, agents, or ernployees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any perforlrance by the Subdivider hereunder; and the Subdivider shaLl reimburse the Town for any and all leqal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss, clairn, darnage, liability or action. This indernnity provision shall bein addition to any other liability which the subdivider nay have. 5. It is nutually agreed that the Subdivider nay apply to the Town for partial release of the collateral deposited with the Town for each category of improvernent at such time as such improvements are constructed in compliance vith all plans and specifications as referenced hereunder and accepted by the Town. By way of example' upon conpletion and acceptance by the Town of tbe road preparation and paving of such road the surn of S681700.00 shaLl be released. 6. If the Town deternines that any of such improvenents as contemplated hereunder are not constructed in cornpliance with the plans and specifications set forth herein it shall furnish the Subdivider a list of specific deficiencies and shall be entitled to continue to withhold collateral to insure such cornpliance. If the Town determines that the Subdivider wiII not construct any or all ofthe iurprovements in accordance with all of the specifications as setforth herein, the Town nay give the Subdivider written notice and unless such inprovenents are cornpleted within a reasonable period oftime based upon the amount of work necessary to cotuplete the inprovernents the Bown may withdraw and ernploy fron the the letter ofcredit or fron the cash escrow such funds as may be necessary to complete the unfinished improvenents. If the Town of Vail has not reguested the Bus Stop to be constructed on or before october 15, 1994, the Subdivider shall beentitled to release of the security covering such constructj-on. 7. The Subdivider warrants all nork and material for a period one year after acceptance of all work referred to in this Agreenent the Town. 8. The Torrrn agrees to execute and record the plat inrnediately upon execution of this agreement and payment of recording fees by the Subdivider. 9. The parties hereto nutually agree that this Agreement nay be amended fron tine to time, provided that such amendments be in writing and executed by all parties hereto. 10. This Agreernent shal1 be enforceable against the Subdivider provided, however, that in the event the subdivider sells or transfersall of the subdivision, as shown in the Final Plat, the obligations of the Subdivider under this Agreenent may be assumed by the purchaser of the Subdivision and Subdivider shall have no further obligations hereunder. It is agreed, however, that no such assumption of these obJ-igations shall be effective unless the Town gives its prior approval to such assunption, following an investigation of thefinancial condition of the purchaser. 11. It is further agreed that the Subdivider shall at all timesuntil the acceptance by the Town of the,roads offered for dedicationin the Subdivision, give good and adequate warning to the travelingpublic of each and every dangerous condition existing in said roadway and will protect the traveling public from such dangerous condition.'--Tf is understood and agreed that until the completion of all the irnprovements herein agreed to be perfomed, the roadway shall be under ttre charge of the Subdivider for the purpose of this egreenent. DAUPHTNAI S.MOSELEY CONSTRUCTTON P.o. Box L515 of by fffiTil ,Va By : . bAupl|r^/Ars A(.RerARq ATTEST: STATE OF COIPRADO COI'NTY OF EAGTE STATE OF COLORADO COT'NTY OF EAGIJ ss. The foregoing S_updivision before me this -tfr aay of Dauphinais as President andAJ Agreement was acknowledged of Dauphinais-Moseley Construction. , L99O by Patrick G.1 as &r' r4-rct / Wj-tness ny hand and official seat. My connission expires on: t//t.//13 A//4--r-- )) ss. ) The foregoi_ng gubdivisio befo-re ne thii Lhay ota=Mandof the Town of Vail. ',tm+Tf;H,b Agreement yras. acknowlpdged leeo by f ilLALt- U. ltlutE as Witness ny hand and official seal . My con:nission expires on: -G : Ms. \(ersreJ Po.,* Feo* I C.r-a,RK:oJ MesFt-ev Ie*EVacArsuE g'p Cg,g!1f t$ FA\,oe- oF L sJ B ANv<. 6F \/orr- Esrcuo=,eD lS :sr,,sF,J€{ t€TT€t2. oF c,Rn€Flc (Ft T\A€ Ar.Aa(.,arT DF tF \z-t, 115."9 DA(rED \1 Fes,. lalo. I.r REPLA<_Es t3f tl rltg L€TTR- oF c.C.eOrT AF{D a.t*Ec-tt PRalrbugLY [ra€p1:E'D, q'y T\tE G.,"J oF V^r. w\f,Ls.rA roa=ru*€re. TUSAL $ !2\, ?-1 s.oj. a.JD \rltALc$ fs \bEAT\<.AL \rS trotrNL Ar.rS \F.h-E\fi-'.'T.o THe Ca.rq\A\L LFTTER- cF <-F*Eb{T-i \Je \'.ro$LD \trFRFclASe veR{ fv\uaL\ Y s$R RsruraJ oP T\a€ Exl c-r..ssep t-OC- . R^Er=e TEL-Etstro.l e /\E \i^r*€brrsA-..( AlTetz- tooR Acc&Tr*(ere (.". rloN - Ace-EFt-Al.rcE\ A<3 T. raor:u$ Lr\<€ Ts P€FSoJ A(.LJ ao*nE Etl Ar.rD Prr< <rF TYr€ e*lC,rl]r*- LOC- hn.ID c-L\ EC$- \S \AE \R.E \NC-SRJ\*N G 2-+ Aq'..=- \\aO Dau pxtx Ar.s - fV\ as€u€Y G I =re r, or-r ! ^l L.r * . T?.'Le*EVacArsLg L-srreR' + T\te -G- J oF Va.r,- FRoo^ A bA,rL't crr\rF-q€ \iRs'r! !9 B^,*< \.lttltrE b\u , l\F,-E ggfl\.(-t-. t \1 lqLgF+cFJE njur.r fs€lz- \s a sl- 5 tu+ 6E- tttt- tt'ltt" . \+At' 6EEAT1-Y DE'5\RED 1fo D\sc-(JDS T}\\S "^tt\lrt Y O u F€t<FE^l bu-Y .l.Fl P 'T.o o$ Tt\\=l a\S r,..r) DFFoexuJrc\ Tb IIEET- Ya{ f e f H\s t5 FosS\t\Ua rr{\trrrJ YO,.le. Su-sY scq.-eD v|-E , PL+:€ o t-TBAIK OF VAIL 17 VA|L ROAO VA|L, COLORAOO 81657 303-476-5686 IRREVOCABLE LETTER OF CREDIT DATE: Augusc 2I , L990 AI.IOUNT: $121,775.00NUMBER: No.855-8221 EXPIRATION: February 19, 1991 Town of Vail P.O. Box 100 Vai1, CO 81658 Centlemen : We hereby open our Irrevocable Letter of Credit in your favor available by your drafts drawn on the FirstBank of Vail, 17 Vail Road, Vail , Colorado 81657, arsight for any sum not exceeding the total of ONE HUNDRED TWENTY-ONE THoUSAND SEVEN HUNDRED SEVENTY-FIVE AND NO/100 ($121,775 .00) on the account of Dauphinais- Moseley Construction, Ine. Each draft must bear upon ics face the clause, "Drawn Under Letter of Credit No. 855-822L dated August 21, 1990 of FirstBank of Vail , Vail, Colorado." Each draft nust be accompanied by a stacement executed by the Tovm Manager stating the following: " Dauphinais -Mose ley Construction, Inc. has not compleEed theconstruction of the improvements in the Dauphinai s -Mos e ley subdivision, Filing #1 , Town of Vail, County of Eagle pursuant to the approved plans and the Subdivision Agreement.,' We hereby agree that drafts drawn under this Letcer of Credit and in compliancewith the terms, shall be promptly honored if presented to FirstBank of Vail onor before February L9, L99L. Snrlgl"i i 't ' R. Ristow I'RR/km Executiwe Vice Presidenc t-TBAIK OF VAIL IRREVOCABLE LETTER OF CREDIT 17 VAIL ROAD vArL, coLoRADO 8t657 303-476-5686 DATEI AMOIJNT: NTJMBER: EXPIRATION December 7, 1988 $5, 000 . 00 No. 1329 Town of Vail P.O. Box 100 Va11 , Colorado 81658 ATTENTION: Peter Pat ten Gent lemen: We hereby open our Irrevocable Letter of Credlt in your favor available by your drafts drawn on the FirstBank of Val1, 17 Va i-1 Road, Vail , Colorado, 81657, at slght for any sun not exceeding the total amount of FIVE-TIIoUSAND D0LLARS($5,000.00) on the account of DAUPHINAIS-MOSELEY CONSTRUCTION' INC. Each draft mrst bear upon its face the clause, ttDrawn Under Letter of Credit No. 1329, dated December 7, 1988 of FirstBank of VaIl, Vall, Colorado." The amount of each draft, whlch ls negotiated Pursuant to this credlt, together with the date of negotlation, must be endorsed on the reverse side of the Letter of Credit. Each draft must be accompanled by a statement executed by the Town Manager stating the followlng: ItDauphinais-Moseley Construction, Inc. has not completed the revegetation and regradlng of Lionsrldge Subdivision, Block 2' Lots 1 through 26, In the Town of Va11." We hereby agree that drafts in the amount of this Letter of Credit' and Ln complianee Irith the terms, shall be pronptly honored lf presented to FirstBank of Vail on or before December l, I99O. S incerely ,ktk Executive Vlce Pres ldent MRR: sjw o Wu tr'ffi**.-ffi LONG'S EXCAVATION & BI-ASTING INC. Pau{ Long President D.M.C. P.0. Box 1515Vall, CO 81658 Atteatlon: Pat Dauphlnate REr tlonre Rtdge Subdlvtelon Longrg Excavatlon & Bleetlngr Inc. 1111 rc-grade to natural. contoura, and Hydra-eeed approxlnatoly 5 acres of dlatnrbod erea f,or the follorLn6 anount $5000.00. \_ Ehank Iou, 7.r / /-7- Paul E' Loag Longr6 Excayetlon & Blaettngr Inc. P.O. Bol( 894 . Avon, Cotorado 81620 . (30i1) 949"4682 P.O. Box46 . Stedhg, Cdorado80751 . (303)522-1627 December 1, 1988 Peter PaE ten, Department of Town of Vail 75 S. Frontage Vail, C0 81567 Dear Peter, o Dire c t or Conmunity Development Road Onve: t*#:Kil., In accordance srith our meeti-ng this morning, I am requesting pernission to begin placement of cox0pacted fill material upon my property in Lionsridge. F111 material will be placed in the location of Lionrs Ridge Lane on the attached site plan and an engineer will be on site daily and provide written reports regarding compacCion activity. The reasons for ny request are: 1) The fill naterial is available from the Post Office site which is in close proxinity to ny .site. 2) The placement of the fill on the site now rather than in the Spring or Sunmer will result in reduced dust on the site from this activ j-ty. 3) The placement of fill will expedite the completion of site improvements and thereby lessen the amount of disruption to the neighborhood. f understand your concern regarding the ability to re-grade and revegetate the siEe in the event that I cease development of the improvements. I will therefore, provide you with a letter of credit for this nork within one week fronr today. The amount of the letter of credit will be based upon an estimate to regrade and revegeEate the disturbed area of the site. As we also agree, I will provide you with the following information: 1) By December 15, we will have an agreement erith Larry Eskrdth as to the manner in which the lmprovements to be constructed upon the site will be guaranteed. Jay Peterson will be working srith Larry on this matter. 2) By January 15, we will have subnitted an application to the Design Revlew Board for review of our Design Guidelines and Landscape Plans as required as a condition of our plat approval . I appreciate your prompt consideration of this matter and look forward to the cornpletion of thls process. S inc erely , ..: Pat Dauphinais PD/gn o Opve.: u*;;Kil, December 1, 1988 Peter Patten, Di.rector Department of Connuni ty Development Town of Vail 75 S. Frontage Road Vai1, C0 81567 ryr;fff. af'f Dear Peter, In accordance with our meeting this norning, I arn requesting permission to begin placement of compacted fill material upon my property in Lionsridge. Fi1lmaterial will be placed in the location of Lionrs Ridge Lane on the attachedsite plan and an engineer will be on site daily and provide written reports regarding coupacti-on actLvity. The reasons for ury request are: 1) The f111 naterial ls available from the post Office site which is in close proxinity to Ey .site. 2) The placement of the fill on the site no$r rather than in the Spring or Sunmer will result j.n reduced dust on the site fronthis acriviry. 3) The placement of fill vi11 expedire rhe conplerion of site improvements and thereby lessen che amount of disrupcionto the neighborhood. I understand your concern regarding the abilicy to re-grade and revegetate thesite in the evenE that I cease development of the inprovemencs, I will therefore,provide you with a letter of credit for this work wlthin one week from today. The amount of the letter of credit will be based upon an estimate to regrade and revegetate the disturbed area of the site. As we also agree, I w111 provide you with the following inforroation: 1) By Decenber 15, we will have an agreement with Larry Eskruith as to the manner 1n which the improvements to be constructed upon the site lrill be guaranteed. Jay Peterson will be working rrith Larry on this matter. 2) By January 15, we w111 have submitted an applicatlon to the Deslgn Revlew Board for review of our Design Guidellnes and Landscape Plans as required as a condition of our plat approval . I aPPreciate your prompt consideration of Ehis matter and look forward to the completi.on of thls process. Slncerely, -. Pat Dauphinals PD/gn I RocKY mour?mr nsuilAR 2 3 s89 !{arch 23, 1989 Ur. Bon Phillips ltorn l,lanager ltovm of Vail 75 Sqlth Frontage Rd. Westvail, @ 8L657 8e: VaiI Post office Dear llr. Phillips: lltp intent of this letter is informational regarding our proposed access fronthe postal site for dirt export to the adjoining property owned by Pat Daq)hinals. In discussions with Stan Berrynan in Public lforks, he expressed cotrern about possible damage to city streets. Altholgh RICI has hauled to I'lr. Daq)hinaisrs protrnrty late last year, we feel it will be advantageous for all parties irrclding the Town to create a direct hauL route ard stay off the city'sright of way. It 16 tb trtent-of this cqrtrrtor to tmdliately brlld a rcrgh roatuy for qrr truch trafflc. At the conclusion of all earfnnoving cperations, tle roadrvaywill be restored to like-existing condition. It is anticipated that some re- vegetation will be required. A mininrm of irqnct to the area will be considered in our plan. plr. Dauphinais and RIIEI feel that this letter is necessary to inform you of otrr intentions ard ask for yorr blessing. Frcrn this projectrs inception, RUCI hastried to cooperate with the Town in every detail. In fact, we gave the city several thorsard cubic yards of topsoil from tbis site at no expense to the tq.n. l{e look forh'ard to a continued zuccessful business relationshlp. If yor have any questions, please contact nyself, Pat Dauphinaie or RlilCI's superintendent Rick Ohlson. Sirrerely, ROCKy IICI'NTAIN CrcNstRUCaORS, It\r. GO]ISTRUGTORS teru 6"*t-,..*- tonn-te Barnhouse, Vice President tB/si cc: FiIe Dean Snith A7/31 23:2 I3 -F01 ,F INTER-f'l0Uf'l E4sF:vzuin' Darrphinai. A 0cior"actr H EHE I NEER I H THIS EASEHENT te amCo t"hie 1g - -,, ny end beiweon Dauphtnal Co.Loraclo Cerr"poration, (hereinefL The Town af Vsil lticateC withi-n r',.f Colore.ao {heFe{naf r,er referr.€ ,a ), and 6taEe nsEruct{on,Inc. d to aa "Town') Itl:ltiiiiaiillE:. That fcr and irr L.$r,alrJerat ion r.rf the sun of CJrr e Dollar($1-00i and ct.her good and valr:able cr.ngtr:,:r.abion pard by Town toGranto:', the reiei.pt of whi,th i.*rr her'eby ackrrowLadged, the Orantor does hereby gra*rl, corrvey anC qult clalrn into the Towrr, Ltg Bu<:c.tasorg and asalgrrs, s ;>arFer-unl e$$nment and right to ironstrr.rct., rntrlntat-n, rsFair, and .-.i p€rat,a " a clrai.nage drtch anCz'cr' underplrounC gtorm newer. l-ines arld axrp'111.Eefr6nc€a overrunder ar-rd acroga the f':liovring deecribed F,.rem1.s6e, Bi.tuaga in the Town of VaIl., Oounty of Eagler, Stata r,f Cclorado, to-w.lt: rt r:f actKw B].ock Benc av Bk,wn Avo ()r' ibit/A rat +-,. '; Grantor warrarr|s that. the [irantor haa the ].awfrrl rl8ht togratlt euch eaeernent. and thet f,ha Grent.ot'. anil any succesatlrs and aeel€ns, wll. 1, at. no t,ima, parmit any briilding or other pc!'ma.rrent iatprovement, to ire hereafter congtructed over aeid easement. Fol).owing the r,.o:npletion.ef the purp:,** rf un1, entry by tha Town upon eaid easeilrent fer arry of the aforeEaid ob*ie,:tE, the Town ahall r'eatore ihe ;rreurisee -:.r.r su.bglanLia]ly bhe eame condj.t.ron exiating at the iine of, the errtly tl:,sre{)n. IN IJITNE$S WHEPJiOF, the perf,tee heret.o have eet their hende e.nd seals the day and yeal f irnt above rur j:tr,{en " .; i Er;.--.---.*Patrick G. Dauphlnals, Prrceidant ' \ - ': ., -'. ? -. t+1 .- &1str of -___.-._-_ongtr'uctLon, Inc . tr qg "Grantor" Srrnty of Ea6 Ie, ln the creL ey K*r$ t) \\\ \\\\\ \ibN*\\a_N \ oConmissioTO: FROM: DATE: SUB.]: Flanning and Environnental Department of ConnunitY Develo August 8, 1988 Request for major subdivision prel approval and for Nunber 22. Applicant: District The following is a written description of the proposal as subnitted by the applicant, as well as a brief environrnental impact report: A. THE PROPOSAL The proposal consists of a request for Lots 1-19' Block 2, r.,ionlridge subdivision riling Nunber 3 for prelirninary plat-and SDD appr5val to subdivide the parcel into 24 single fanily lots "and connon open space. The total size of the parcel is 10.69 acres or 4651656.4 square feet. currently, the site is zoned prirnaryr/secondary (this underlying zone is Lo remain as single fanily and is a per:mitted use) ?ndis subdivided into 19 lots which allows a total of 38 dwelling units to be constructed upon the site. Tlrerefore the request results in a total reduction of 14 dwelling units upon the site and a totaL density reduction fron 3.55 units per acre to 2.24 units per acre. Total GRFA allowed upon the site is currentl'y 84'905 square feet. The total GRFA proposed is 68,204 resulting in a reduction of 161701 square feet. B. THE SPECIAL DEVEI.,OPI{ENT DISTRICT The purpose of special development districts is rrto encourage tfexiUifity in the developnent of land in order to promote_its most appropriate usei to improve the design, character, and quality-of nelt development; to facilitate the adequate and economical provision of streets and utilitiest and to Preservethe natural-and scenic features of open areas.rr A special development district is being proposed uPon the site to acconplish these objectives. By re-subdividing the land the following goals are rnet: 1. Provide a flexible approach to land developnent which creates the ability to provide a developnent type in short supply and great demand within VaiI: 2. Reduce the residential density upon the parcel; '" 'P{L7-o t/a/ffi 3. Provide the ability to as open spacei 4. Provide for an inproved developrnent; and preserve portions of the site character and quality 5. To facilitate the adeguate and econornical provision of streets and utilities. The special developrnent district is proposed to have anrrunderlyingr! Prinary/Seconary Residential Zone with only singlefanily residential dwellings allowed as perrnitted uses. TheSpecial Development District designation is proposed in orderto allow for a slightly varied lot size and setbacks thanprovided for currently within the Single Fanily District. C. THE DEVELOPMENT PI,AN The Development Plan prepared for the site depicts a typicalbuilding layout and configuration which would be constructed under the development standards of the SDD. Lot sizes rangefrom.17 acre to .35 acre. The development plan consists of 24 single farnily dwelling units with L9 of the units having access off of L,ionsridge Lane and the renaining units accessing off of Lionsridge Loop. Lots l.-1.4 and 20-24 would have typical setbacks of 20, in front (off of Lionsridge Lane), 10' on thesides, and a L5' setback in the rear yard. Building height would be not nore than 30' for a flat or mansard roof and 33'for a sloping roof. Lot sj.zes vary and are listed along withthe maximum GRFA allowed upon each lot. In cases where lotsare less than 11,200 feet in site area, a minimum of 2r8oo square feet of GRFA is allowed. I,oT SIZE MAXIMW GRFA 1 2 3 4 5 6 7I 9 10 11 L2 t3 L4 15 16 L7 t8 19 L4,375 L4,375 LL,76L LL,326 LO ,454 LO ,454 LL,326 10, 890 rr,326 LL,76L 10, 890 13, 068 L5,246 LL,326 8 t'712 7,4O5 9,L47 10,0L9 9,L48 -fr-irT z?5o 2,95O 2,94O 2,83L 2,8OO 2,800 2,83L 2,800 2 r83L 2 r94O 2,800 2 t95O 2 r95O 2 r83L 2r800 2r800 2,800 2,800 2, 800 IOT SIZE MAXIMW GRFA 20 2L 22 23 24 10, 019 10, o19 9, 583 LO,454 9, 583 2,8OO 2,8OO 2r800 2,80O 2 ,800 68,2O4 D.ENVIRONMENTAL IMPACTS Due to the fact that the proposal is a reduction in the numberof and square footage of dwelling units, the environroental inpacts of the proposal will be less than anticipated when thesite was originally subdivided. Very briefly, the foJ-lowing discusses the irnpacts associated with the proposed revision: L. Hvdroloqic Conditions: The proposal will not alter or affect any natural water course. surface drainage will be coordinated with the overall storm drainage systen of the Town of Vail . 2. Atmospheric conditions: 14 fewer dwelling units upon the site will result in a reduction in potential air pollution frorn wood burning fireplaces and automobiles. 3. Geoloqic Conditions: The site is not located within any geological hazard area and developrnent is not anticipated to result in any geologic hazards or negative changes. 4. Biotic Conditions: The site does not contain any unique vegetative characteristics or wildlife habitat. The increased amount of open space upon the parcel couldpotentially better serve certain forms of wildlifethat the previous subdivision lay out. 5. Noise and Odor Conditions: L4 fewer residences should have a positive j-npact upon these factors. 6. Visual Conditions: The site is not located within any corridor of the Town of Vail. The the site should be enhanced through conmon space areas. designated vj-ew scenic value ofthe provision of 7. Land Use Conditions: The proposed single farnily use will be conpatiblewith the existing nultiple fanily and duplex residences within the innediate area. 8. Circulation and Transportation: The reduction in the nunrber of dwelling units will have a positive inpact upon the local street system. 9. Population Characteristics: lfhe reduction in the number of dwelling units will decrease the residential density of the site. Lo. Utilities: AII utilities are currently connected to the site and can be relocated and new easements established as necessary. E. EVALUATION OT CRITERIA 1. Prelininarv Plan and Maior Subdivision Criteria It is important to realize that the proposal is a re- subdivision of 19 existing duplex lots. Thus, manyof the typical subdivision issues relating to creating snall lots from a larger parcel do not applyhere. The 19 prinary/secondary lots involved in this proposal are part of a 26-1ot subdivision approved approxinately 1O years ago. All of the Lots have remained vacant and no improvements have been constructed on any part of this subdivision. The following is an excerpt from l-7.16.LL0 of the subdivision Regulations stipulating the reviewcriteria for this project: rrThe PEC shall review the application and consider its appropriateness in relating to subdivision control, densities ProPosed, regulations, ordinance and resolutions and other applicable documents, environmentalintegritY, cornPatibilitY with surrounding land uses.rl The staff finds that due to the proposal representing a re-subdivision of an existing approved subdivision, a reduction in allowable density' the lack of negative environnental inpacts and the obvious cornpatibility of the use proposed with the F. surrounding 1ow to mediun density residential usesthat the preliminary plan neets the review criteria as proposed. Furthermore, the SDD criteria will be used to more specifically evaluate the changes proposed from primary/secondary lots to srnallersingle farnily lots. SPECIAL DISTRTCT DESIGN CRITERIA 1. Desi it and sensitivi to the imrnediate environment rhood, and acent rtiesrelative to arch tectural deser zones dent character and orientat Developrnent standards, with the exception of lotssize and GRFA allowable, will generally fo1low thesingle farnily zone district. Setbacks will be consistent with SFR, with the exception of the site setbacks proposed to be 10' rather than 15'.Architectural design tras been discussed in a PEC work session, and it has been agreed by aII parties that design guidelines encouraging consistent materials,roof forns and mininurn landscaping requirements will be beneficial to the project as well as the adjacentproperty owners. Design guidelines have not been subnitted to the staff at this point but will be reguired to be reviewed by the Design Review Board and adopted as part of the SDD approval at the final subdivision plat approval. I{ith regard to scale and bulk, the proposal represents a deviation from the standards alLowed inthe SFR district. However, the staff feels that thisis acceptable due to the overall density reduction,the provision of a large common open space (that could serve as a srnall neighborhood park if future residents so wish), and the improvement in visualintegrity by disallowing development near thesoutherly ridge of the project. A1so, designgruidelines encouraging well planted and screened sideyard areas will serve to nitigate the increased scale and bulk of the houses on the snall lots and the srnaller side yard setback. conpatible. efficient and workable realtionship with surroundinq uses and activitv. Single faroily residences are a pennitted use in the prinary/secondary zone district and are compatiblewith the surrounding uses and activities. le 2. 3. 4. Compliance with parkinq and loadinq requirements as outlined in Section 18.52. Parking requirements wiII be addressed on a lot byLot basis through the DRB process. Conformitv with applicable elernents of the Vail Comprehensive Plan, Town Policies and Urban Desiqn Plans. The ilaster Land Use Plan identifies this parcel as one which is suitable for rnedium density residentialuses. The reasons behind this were the site's good access, compatibility with the neighborhood's otherresidential uses, the suitable topography for nediumdensity, as weLl as the overall long-tenn need for more mediun density residential sites in the Tosrn. The folLowing are applicable land use policies to the proposal: I.L2 Vail should accomnodate most of theadditional growth in existing developed (in-fiU) areas. 5.1 Additional residential growth should continue to occur prinarily in existing, platted areas and as appropriate in nelr areas where high hazards do not exist. 5.4 Residential growth should keep pace with the marketplace denand for a full range of housing types. We find that the proposal is in compliance with thesepolicies and, in general , with the Land Use PIan inthat the smaller single fanily residential market does appear to be strong and, thus, this proposal would be neeting an existing market denand. Also, the proposal does occur in an existing platted, Iow density residential. Identification and mitiqation of natural and,/orqeoloqic hazards that affgct the Propertv on which the ipecial developnent district is proposed. As per the applicant's statement, the site is not tocated within any geologic hazard area. Ian build desi and location and 5. Site onal evelo ve and sens tive to natural eatures, v ons desiqned to provide a funct6. the comnunitY. tat and overall aesthet c Although the site does not possess any outstanding natural features or vegetation, the provision of a common open space, especially along the southerly ridge Line is inportant to the developrnent of this parcel . we strongly support the provision of the conmon open space as a positive element of this re- subdivision. 7.A circulation both vehicles and estr address on and off s ffic rcul The public road has been re-designed as part of this proposal to accommodate 19 of the 24 proposed lots. Vle find that this proposed public road neets Tohrn ofVail standards and has been approved by both Public Works and Fire Departments. Although the 5 lots on the northwest portion of the site, accessing off of Lionsridge Loop, may result in sone steep driveways, we feel that with the proper amount of fill material there will be workable and acceptable solutions to access each of these lots from Lionsridge Loop. Thestaff remains concerned that a safe and workable solution to the area where the proposed new road intersects with Lionsridge Loop and the Solar Crest Condominiums' access be resolved. This situation needs to be resolved so that there are not trto road cuts directly adjacent to each other on the same sideof the road. A workable solution should be found between the owners of this property, Solar Crest Condominiums, and the owner of the prirnary/secondary Iot to the south of solar Crest. EqfrCtlotal qnd aesthetic fand atures, recreation, views and functions. A general and prelininary landscape plan has been submitted and shows that substantial buffering between houses will be iroportant as well as a heavily landscaped entrlrway into the subdivision. A more specific review of the landscaping can occur at finalplat as part of the design guidelines. Phasinq plan or subdivision plan that will maintain a+workable, funqE:Lgnal qnd efflclent refationship throuqhout the developnent of the special development district. It is uncertain at this point, whether the project will be developed by a single developer or if lots will be sold off individuaLly and developed over a longer period of time. In either case, the design 8. 9. guidelines will be an inportant document in ensuring a workable and efficient relationship of the dwellingunits to each other and to the overall aesthetics of the subdivision. G. STAFF RECOMI.{ENDATION The Department of Comnunity Development recommends approval of the prelirninary plan of the najor subdivision and the application of Special Development District Nunber 22 for thisproperty. Overall, we feel this is a sound proposal benefitting the conmunity as weII as the site itself. The proposal meets the criteria for a major subdivision and an SDD as outlined above. We find tbat two conditions of approval are inportant: A workable solution be found to the ingress/egresspoints of this project and the adjacent Solar Crest Condominiun project. Design guidelines, including architectural and landscape, elernents be submitted to the staff with the final plat application. f/"* ,'-A Ll /,-,4 * +L c,,/-l'n'' L ^*;;* #+ f , F n'-h--u"("l -P<' 1. .t 9""!"t:ltff":g:ir*s:Hffii"F'.,f*'Casper Colorado Springs Denver Ft. Collins Phoenix Rock Springs salt Lake city San Antonao Subject: Agreement for Professional Engineering Services. Tovrn of Vai.lAttn: Stan Berryman 75 South Frontage Road West Vail C0 81657 Gentlemen: This letter will serve as an agreement between the Associates, Inc. (Chen). Chen agrees fo perform the Project Name: Compaction Testing, Roadway Fill Construction Job No. 4 189 89 Town of Vail and Chen & work outlined below for Client: Town of VailAttn: Stan Berryman 75 South Frontage Road W. Vail C0 81657 ftu the compensation indicated. Payment of the compensation is expected within 30 days from the date of the invoice, and interest at the rate of 1 1/2n per month will be charged after that tj.me. Other terms and conditions are stated on the reverse side of our fee schedule which is attached. If payment is to be made by a third parfy, this should be nobed on the return copy. Location: Work Scope: Lions Ridge, Filing 3VaiI, Colorado Perform observation and testing of cut and fill construction as direcLed by the client or his designated agent. the work is requested on a part-time and on-caLl basis. We wiLl present the findings of the work in daily progress reports. We are proceedlng witb the work based on verbal authorization from Stan Beryman. Attached Fee Sclredule and General Conditions.Fee: CHEN & ASSoCTATES, Title Project Manager Date December 15. 1a88 Titte fhA OEa7. Ptv/ fa.a-,-l'- p27e tz / zr/!,Fif / Steven L. Pawlak, P.E.T6 v.- p* (At.. O ,rrn & AssocrArrr, ,rr. O GLEi{WOOD SPRINGS, CO CONSTRUCTION OBSERVATION ANO IIETERIALS FEE SCHEDULE Eltsctivcr Jrnuary '1. l98E Town of Vail Lions Ridge, Filing 3 TESTING Vai1, Colorado coxsTRt cTlox oBSERYATIOI{ Field Trchnici$ . Soilt. &phall. Masonry. RoolanC, Firrprootang Trip ChrgG (up to 2 hou.s|......... (ov.r 2 Frald Tachnicim - Concrsia T.ip Chsrg! (up lo 2 (oYCr 2 hour!) Field Tschnicirn - Piefs. Pilss. Sta€t Overtime (ovcr 8 hours par dry. Saturd8y, Sunday snd Holidsys..... UBORATORY TESTING solLs Moisture Conl€nt and Oensily (ASTM D2216).......................... $ $70.oc|/trip $30.00i h r' t60.oqrip $25.00hr. $5.00/hr. 1.25 x standrrd hourly reta Constnjclion obsoryelion ralgS include nuclear gauge or olh6r necessary tiold equipmgnt. A 24-hour notics is requested lor scheduling ol tisld service. Projecl administratbn will be invoic€d at the applicable personnel rates. Proposlls fo. sp€cific projects available upon requesl. 7.50 Moisture Content (ASTM 32.00 Gradation. Large Pil Run s.00 30.00/hr. 35.@ 25.00 13.00 25.00 55.00 Atterberg Limib ( STM D€r6) Specific Gravily (ASTM 0-854) Gradetion Anelysis (ASTM D'422) e. Less lhan #4 Sieve Down to #200 Sieve.....,..... b. All Stand8rd Sieves to #4 c. Hydromelar Analysis, add d. Percenl Less than #200 Sieve Standard Proctor Compaction (ASTM O{98}..........,-.._................. Moditisd Proctor Compaction (ASTM D-t557) ...........................,.. Chock Point Proctor ...................... Rslative Density (ASTM D4253 and 0-4254)........,...,..................... b. Mortar Ssmples All Standard Sieves to #200 Sieve (ASTM Cl36) a. Coars€ Aggregate b. Fine Aggregate c. P€rcent Less lhan #200 Sieve Clay Lumps and Friable Parlicles (ASTM Cl42) Coa6e or Fine Aggregate Flal and Elongated Panicles (Army Corps of Engineers, CR0{'119) Fraclured Faces, Coarse Aggregate lColorado Procedure 451,.,.,.......... 27.& 28.00 17.00 50.00 13.00 55.00 75.@ 25.00 80.00 60.00 ....... 45.00 ASPHAL? Extraction Only (ASTM D-2172) Extraciion/Gradetion ( STM D?l72 8nd ASTM +136) .............. 90.00 Marshall Tqst - 3 Specimens (ASTM Dn559) ................................ 85.m wilh Unit W€jght. Stability, Flow and Air Voids ....................., 125.00 Asphalt Retention... ........................................... 60.m Stripping Test (ASTM D1664) ..,................... 60.00 Asphalt Coring. Includ€s Technician ....-.... 65.OOhr. Msrshall Mix Oesign - 4 poinls (ASTM Dn559) (Aggregate Testing Not Included) a. 50 Blows ........... 900.00 Lightweight Panicles (ASTM G123) Coarse or Fine Aggragate..-.-..-.-.... Los Angeles Abrasion a. 1v2" Maximum IASTM G131) 500 Rov. ......-........................... b. 3" Maximum (ASTM C535) 1000 Rev. .................................. Organic lmpurilies. Fine Aggreg8le 45.00 75.00 85.00 Sand Equivalenl (ASTM D'2419) Sodium or Magnesium Sullate Soundness (5 Cycles - ASTM C-88) Coarse or Fine Agg.eget6...... F.seze/Thaw Soundness (AASHTO T.103)$480.00 to Sl Unit Weight and Voids (ASTM G29l Specitic Gravity. Bulk and Apparent a. Coarse IASTM C.127) b. Fine IASTM C-128) MISCELLANEOUS TESTING Steel. Fireproofing, Rooting & Othe7 Special T€sling Price on Request Laboratory T€chnician .30.0Ohr. 35.00 100.00 500.00 15.00Hvo€n Mix D6i9n (ASTM D15m. D-1561) (Aggregate Testing Not Included) Spocitic Gravity, Bulk (ASTM D.1188 and D.2726) ...................... 12.S0 Th€oretical Maximum Specilic G.avity (ASTM 2041) _................. 35.00 COITICRETE . MASONRY Cylinder Comprossion Test (ASTM G39) Csst by Othsrs b. 75 Blows i<n avl Groul Block Comprgssion Test, Including Coring........................ Morlr. Cube Compr9ssion Test..,......._-.-, 20.00 25.00 Masonry Prism Comprgssion Test a. Hollow Coll b. Grout Filled Bearn Flexural Tsst (ASTM C.70) Concreto Coring (ASTM C-12). Inctudes T€chician ...................... 65.Odhr. Sp€cimen Preparation, Trimming ...................................................... 30.Odhr. '""1"1::,'#[?-::::lf :1T:::]:::lll{o"nc'|uded) 10.00 19.m 40.00 7.@ 50.00 60.00 20.00 200.00 100.00 Untt Woight (4" or 6" Cylinder - O.y) ................................................ t5.m OTHER DIRECT CHARGES Aulo or Pickup 4-Wh€€l Dfiva Pickuo 0.50/mileOut-ot-town Living Exp6n3€, Commercial Tfawl Costs, Equipment Rental, Freighl. etc. Soils, Concrele. Asphalt Laborstory Equipmeni ...,................................................ , , ,.....,....,.,... Cost * 20 o.6 FEMARKS Invoices will be submitted upon completion or at monthly intervats. W€ekly and monlhly rates will be quoted upon request. The prices lislod above inctude up to three copies ot the report. l tr'6 p€, month interest charged sher 30 days from invoice date. Price on Reoue3l GENERAL CONDITIONS ffi $lrifi f$.gx*:{,t$itr*H$t':fr:+tr**ffi '*{:i*fliirffi $*#$[i=***U*f +*f **''*r"'sln$]ii.-u*iit"'ls'r'*s'$il'{l#di[:1"'f]'"w{ il}.},iiii"""*Fltriidiiuii[.,j,J:r"r#,,,iirhbt[ti'.*'"*i:i:l*;*:* nli*1"':""'"t':?*i'r*i!: il*}u"i$F,",fr[lt-l,,l' il,]iflridHfl,'^+j',1'jrl*tr{,:*#'.:3#j'#d{',ij:"i;:{{ti:ffi ;*t***u"lt1;ott****wliF*#:rrtrn1ri+if'aH'rtrirr+tls,iii ;fi;***"*.,.t*ff':xs'i*3,,:e..nlsfiu?!li*:?"'1"'r:l#13:?tfl*"sirJ:::1"'li[:"J"*:;::'ri:u:J: "^T*i',1*:$:sll'i:ri[tiTg:gr$r$:rtl*"t't*ffli',Fi**S*i*;*l*i'*fr';'iiru''"l #*i^#;ffi';n$i"ff$*+Tril$##Htr#*fr'-'#i - 'il,pffi,;g,55"g;iqg,1.g;;T3,*:ilfl$i;: IniffiFi'"jft!!$ iilftil-,r^il:':1?:::'Jl:#ii:"*'$ff;ll'f:l'orlhisAs'"e'"nt'itisaereedrhattheprevairinspar'vshar' Chen tsociates 5080 Road 154 Consultrng Geotechntcal Engineers Glenwood Springs, CO 81601 303/945-7458 December 21 , 1988 Subject: Testing of RoadwaY Embankment Construction, Lions Ridge, Filing 3,Vail, Colorado. Job No. 4 189 89 Town of Vail Attn: Mr. Stan Berrynan 75 South Frontage Road Vail C0 81657 Genilemen: As requested, Chen & Associates, fnc., initiated density testing of the roadway embankment fill at tlre subject sibe on Decernber 16, 1988. Our work is being performed on a once-a-day part-time basis as scheduled by Internnuntain Engineering and Tesling. Our work is requested as a backup or second opinion as to the compactionof lhe fill material. In'r,ermountain is providing the primary testi.ng. The work r,tas in progress before our i.nvolvement with the projeet. Three in-place density tests have been performed in the embankment placement through Decem- ber 20, 1988. The results of our work are presented in Daily Report Nos. 1 through 3, attached. Embankment maLerial was sampled for a moisture,/density relationship deterroinafion in accordance with ASTM requirements. The results are presented in Figures 1 and 2. To-date, the areas tested met the mininnrm compaetion requirements of a standard Proctor density as outlined in the projecL speeifications. We will conbinue with parL-time observatlon as needed based on the contractorts operat ions. In the meantime, should you have any quesbions or if we can be of further service, please ca1l. DP/ee Rev. By: S.L.P. Atlachments Cas per Cotorado Springs Denver Fl. Collins Piroenix Rock Springs Salt Lake Crty San Anlonio Sincerely, Field Services Supervisor rn P 3 ti GI q) uJ ccDF CE uJo- =IIJF z CJ'z Eozo() IIJIF IJJ3 o o trtJ N o J |-z IJJ = g IIJ o cE Fo Fz O o --iG>' .F.{ F{ho lr,\ -t a1 {J o q-t(d"rF> X ..<l.'lo I q r-l F,lobo.r.r .otrq tB.,1 .rr o o l-.4. ord c) ln ri F.l,5€ro .ptru c)l!+ tr boo cB CB O)o> q Otr (d E€ou)€o (str(o 3 tr{J(! .i '-Fi v).i .i.l 'i qt o.Fl (Jqr tr .ra .\ q- b0- . ,+r '.r o ,p {J.r< r-r P o+r o o Eotrolr .iool{ .r-i30 rdEqr d+r+J E boo) () trtr|J< t+.1 .r{O. -i .Fl O lJ 'Fl Qr +l ,< t. .tJ (! o'P rn 'Fl}E{J CEOt! cd trlr (J S{ Oo o {J +.,{JOoO . (, bo'rocdo tr F{ p .Fr O{ +.1 .Fl . q:l .F{tr o x FtOtny)OlD3 i"l Fo€ rd o. '.{ r0 .Ft .F{ '-r t+'l O lr PO cd qr tr O 6ut >o {J F-rt- .Ft 'c| C! q) = t{.J O Etr tr (doo --r xa) o" or 'i .+J;; r+r O .Ft.rl- O.i lr r+r t.')Z .-i o. 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F =z tr 2 o J tf IJJ |r !O '-l I b0> :lctEJ or U, '.1 CoE cs .= r-a ?ioo- oo b0 o)) o =ul vl = .'-{ ..1 oH* a:() 0) o d6 o z n q) ID ctt IJJ r! o o € 00 I N I C.l co € I /iz U) c) c) v)(a € q) U +, c)tr= E!>\ lE ,&o b0 +J tr F....rlJ,')or,.rt tr \Ord . l& !-r>tr @ (+l +JO c tr tt) ,-.3 +J .Fl o€14(!F<F.> F r<< 150 zEio lt; votD cutvEf 145 SPECIFIC GRAV]TY SPECtFTC GRAVITY SPECFIC GRAVTTY 2.70 l!o 0- I t U'z uJo TEo 140 135 130 120 oslot5 MOISTURE CONTENT - PERCENT OF DRY WEIGHT LOCATION: Vail Post 0ffice excavation MOISTURE-DENSITY RELATIONSHIPSHOLE NO:DEPTH :SAMPLE NO : SOIL DESCRIPTDN: silty sand and gravel Chen & Associates MAX. DRY DENS]TY: 137.OPCT OPT. MOST. CONTENT: 6.6 %PFooEDURE:ASTM D-698-78 Method D LIQUID LIMIT :PLASTICNY NDEX : N/P JoB No. : 4 189 89 | FrG. No. DArE: 12-16-88 | 1GBAVEL : 45 .O SnruO: 41 % SILT AND CLAY G2Oo) | 14 % cA-2-79 o ch en and associates, inc. 'r00 '50 '40 '30?4 HR. ? HR. 45 MIN 15 MIN oz z I 60 MIN. 19 MIN 4 MIN. I MIN GRAVEL 45 % SAND .h LIOUID LIMIT sAMPLE oF silty sand and 4L % SILT AND CLAY PLAsrtcrrY rruoex N/ P gravel FRoM Vai - 14% % Post Office excavat ion o z t- F .oi 50E z 60() 70 HA. 7 BF. MIN 15 MlN. 24 a5 100 60 MIN 19 MIN { MIN 1 MIN CLAY TO SILT .10 r'8 h'.i6 (, z 2 o42 2.O DIAMETEF OF PAFTICLE IN MILLIMETERS GRAVEL A;O LIOUID LIMIT SAMPLE OF % SILT AND CLAY PLASTICITY INDEX FFOM 4 Fig.GRADATION TEST RESULTS SIEVE ANALYSIS DIAMETEF OF PARTICLE IN MILLIMETERS 19.1 38.1 189 89 Planning MEMBERS PRESENT Di-ana Donolran Bryan Hobbs Pam Hopkins Peggy Osterfoss Sidney SchultzJin Viele ABSENT Grant Riva STATF PRESENTPeter PattenKristan Pritz Rick Pllman The meeting was called to order by the chairman, Jin Viele. 1.A recrues Lot 4, BIoc varlance IN D,VaiL order to cons Rick Pylnan presented the proposal . The setback on the north elevation is equivalent to the existing encroachment, plus anadditional 18n into the setback for a portion of the bedroom. The existing structure already extends into the setback. The staff recommendation is for approval . Diana Donovan nade a nrotion to approve the variance per thestaff memo. The rnotion was seconded by Parn Hopkins and the vote was 6-0 in favor. Mr. Baskins requested to extend the encroachrnent for the second floor overhang an additional- 4 feetto the west. The PEc agreed to allow for this change in the variance request. ial- develo approval and a maior vision final lat for Lots throuqh 19, Block 2 onsridqe F cant:ederal Mo Rick Fylnan presented the staff memo. Peter Jamar, representing the devel.oper, recommended that the DRB be responsible for reviewing the design revierd guidelines. Diana asked if the road was always to be dedicated to the Town.Rick clarified that the project would have a public road. Peter Jamar stated that he project did not have a specific nameat that tine. He wanted to nake sure that the developer had the leeway to name the project. Rick said that the Town wouldwait to sign the plat until deciding on the name. Diana moved and Peggy seconded to approve the plat per the staff memo. The vote was 5-0 in favor. and Environrnental Connission October 10, 1988 2. 3.Reguest to anend S ia1 Devel t District 4 Area Cascade Villaqe.Applicant: Vail Ventures, Ltd. Kristan Pritz presented the staff memo on the request. She described the background on the cascade Village Development. The presentation followed the fornat of the memo. The staff recommended approval of the proposed amendments to the Special Developrnent District 4, Area A with conditions as outlined inthe memo. During the meeting, staff added the followingnotations to the list of conditions: 1. fn respect to condition 8: The difference in GRFA for the total project (existing) 29L,LZL s.f. and the (proposed) I d.u. Millrace plan scenario of 29o,945 s.f. is 176 s.f. The 175 s.f. nay be applied to Westhaven so that the developer does not lose developnent rights. 2. In respect to Condition 15: The Waterford structure when built will trigger the development plan for Millrace IV. This means thatthe accommodation unit or dwelling unit plan must be selected before the Waterford structure could be built. This is due to the fact that parking forMillrace IV is located in the Waterford structure. 3. In respect to Condition 15: The parking structure wilL have pollution control nechanisms. 4- New Condition #L6: Erosion control methods will be used during construction of the lrlaterford and Cornerstonebuildings to avoid inpacts on the stream. Andy Norris, representing Vail Ventures, Ltd., responded to the conditions of the staff approval . 1. Andy fett he was entitled to the 96 fireplaces andstated that it was irnportant to provide thefireplaces in transient residential units and dwelling units up to his naximum amount. 2. He wanted to have the office space. He agreed that Commercial Core I zoning was appropriate for firstfloor space as long as he could have the one office space in the Plaza Conference Building. 3. Okay! 4. He felt that this was a site planning issue and thatthe Design Review Board could work out the site plan for the dwelling unit scenario for Millrace IV. 5. & 6. & 7. okay! 8. lle wanted 293,745 square feet of GRFA for the conpleted project. 9. & 10. & 11. okay! 12. Andy said that he had a fundamental disagreernent withthis requirernent as he felt that the developer of Eagle Pointe should be responsible for the bollard. The bollard was an original reguirement of the Eagle Pointe project which was not followed through with by the developer. 13. Okay! l-4. Andy agreed to provide floodplain and streancenterline information for Waterford. He felt thatif the staff wanted the lo0-year floodplain infornation updated for this stretch of stream thatl-t was the Town's responsibility to contact the Flood Emergency Managernent Agency (FEMA) to request thatthis work be conpleted. 15. & 16. Okay! In respect to the Design Review Board recommendations, Andy agreed with points 1, 2 & 4, but did not agree that point 3 should be passed on to the Design Review Board. His opinion isthat the bridge connection between the two buildings in the Cornerstone project is very appropriate. Peggy osterfoss asked if the Commercial for cascade Village would be sinilar to Lionshead and/or ttre ViIIage. Andy responded that yes, it would be similar. He said thatbasically the amount of retail is linited by the amount ofparking he could provide. Peggy stated that she felt parking was a big issue due to the iurpacts of the Colorado Mountain College, and lift. She felt that the lift will inpact parkingin a way that would be difficult to ascertain. Andy responded that vaLet parking is used on extremel.y busy days and will be necessary in the future. Peggy stated that she felt that it was unfair that the developer lose his maximurn amount of fireplaces for the project. Bryan Hobbs felt that the nunber of fireplaces should be basedon a dwelling unit count. He supported all the other staffconditions. He stated that he was unsure about the emergencybollard issue. He felt that the mass and bulk of the bridgeconnection on the Cornerstone building was fine. Diana Donovan did not see how the project would work forcirculation. Andy Norris explained how the general circulationfor pedestrians and vehicles worked. He stated that the covered bridge to the club is important and should be used. The Cascade Club covered entry by the bridge is also a spacethat can be used for drop-offs. Andy agreed that better management of the drop-off and pick-up areas in the project isnecessary. He explained to Diana that drop-off by the CMcbuilding is allowed and that the Westin plaza area had beenspecifically designed to allow for cars to flow in and out ofthis area. Diana asked how trash would be handled. He statedthat all projects will have interior trash cornpactors. Diana suggested that benches and bike racks be added to theWestin, CMC and Cascade CIub areas. Diana said that the office nay be nice but that Andy could not have it both ways. In respect to the Millrace IV plan, Diana said that she supported the 32-accommodation plan and that she agreed thatadditional square footage could be allowed due to ttre areabeing devoted to lodge rooms. She stated that she did not have any problern with the bridge connection on the Cornerstone building. Sidney Schultz questioned why it would not be more appropriateto change the definition of an accomrnodation unit to allow fora kitchen as opposed to putting restrictions on a dwelling unitto create the transient residential unit. Kristan Pritz responded that the staff had discussed this issue with the TownAttorney, Larry Eskwith. She stated that he and the staff feltthat it ttas a more logical approach to restrict dwelling unitsinstead of creating a nen definition for an accommodation unit. The definition of a dweLling unit and an accommodation unit is based prirnarily on whether or not the unit has a kitchen. To change this approach could have unknown ranifications on howdensity is calculated for projects throughout the connunity. Sidney stated that be felt fireplaces should be linited todwelling units only and perhaps allocate fireplaces on abuilding by building basis. Pan Hopkins sras concerned about the Frontage Road landscaping and fireplace number. She was concerned that the north facade along the Waterford building would be more like a walI. Andystated that they were trying to get away fron the Interstatedue to the negative irnpacts I-70 has on the project. Parn likedthe reguirement for the bollard. She also felt cornfortablewith the office space in the plaza conference wing. She was concerned about sno{shedding problems and felt thatthe architects needed to look at this issue closely. Shesuggested using snow guards. Andy stated that they are using aconbination of snow guards and protection for pedestrians toavoid the sno{shedding problem. Jin Viele stated that there were excellent points made on bothsides of the issue concerning the fireplaces. He felt that it slas a difficult issue to decide. He lras open to allowing somefireplaces for certain transient residential units and waswilling to look at sorne kind of compromise on the issue. Heagreed that the first floor office space should be allowed. The use exists in Conmercial Core I and Commercial Core II. Hefelt that a small amount of office space on first floor wasjustifiable. In respect to the Millrace IV 8-dwelling unit plan, he agreedwith staff that additional work needed to be done on the siteplanning for ttris proposal. In respect to the GRFA for the project, he agreed with thestaff's condition in number 8. This would reguire that the GRFA for the project, if ltillrace Iv (8-dwe11ing unit plan) isused, would be 290,945 square feet. If the Millrace M2- accomrnodation plan is utilized, then the total project GRFAwould 2931745 square feet. He agreed with the staff amendmentto this condition wbich stated that the difference in GRFA of176 square feet could be applied to the l{est}raven property. Jirn felt that the bollard was a reasonable off-site irnprovernentgiven the nagnitude of the project. Jin felt the bridge connection on the Cornerstone project wasnot a big concern. IIe felt that the bridge connection leasinportant to the architecture for the building. He stated thatthe view up to the mountain is already very nice. Kristan Pritz pointed out that the office could go on the second floor of the Cornerstone building and still be veryaccessible to walk-in traffic. The location is adjacent to thestairway down to the lift. She also pointed out thatfireplaces in Denver had been cited as a major contributor tothe air pollution problem. She also stated that it would be aspecial- privilege to allow Andy to have fireplaces in unitsother than dwelling units. She also reiterated the need forthe bollard due to the size of the project and concern foradeguate emergency access. Peggy Osterfoss stated that she felt that support of the office was a good trade-off for requiring Andy to add the bollard. Diana Donovan made a rnotion to approve the project per thestaff rnemo with the following amendments: 1. Condition #2 - The office space would be allowed tobe located in tbe Plaza Conference building. 2. Condition #4 - The 32-accommodation unit plan isacceptable. The 8-dh'elling unit plan is denied. Square footage for the 8 dwelling unit is only approved to be l.1r2OO square feet, the original approved GRFA. She stated that Andy nay subrnit aplan before the project is presented to the TownCouncil for staff approval. The plan is to allow for adequate open space between Millrace IV and theWestin. She felt that it was also acceptable toallow the additional GRFA of 175 square feet to beapplied to the Westhaven property. 3. She moved that the concern over the bridge connectionin the Cornerstone building be renoved fron the comnents passed on to the Design Review Board. The notion eras seconded by Pan Hopkins. The notion passed unanimously. 4. A wgrB session on the recruest for a conditional use for anaddition to the hospital . 5.A work session on th office includin cro-brewe 75 soulh trontage road Yail, colorado 81657 (303) 476-7000 oftlce ol communlly develoPm€nl l.lay 19, 1988 Mr. Peter Jamar Peter Jamar AssociatesVail National Bank Building 108 South Frontage RoadVail, Colorado 81557 Re: Block 2, Lionsridge subdivision Filing 3 Dear Peter: At our staff neeting on TuesdaYr w€ discussed submittal requirements for the proposed special developrnent district and major subdivision on the property known as Block 2, Lionsridge Subdivision Filing 3. The nature of the proposal and the fact that the land is currently platted to a density equal or above that of your proposal , indicates that the inpact on the environmental criteria as stated in Section 18.56.040 of the Vail Municipal Code should be fairly minimal . We would, however, request that you address each of the ninecriteria required for an environrnental impact report in an abbreviated format. I believe that a brief assessment of eachof the nine criteria will be sufficient for our review. In the case where the environnental inpact criteria will be duplicated by criteria by the major subdivision application, you should simply state that fact, fn regard to traffic analysis, our only review criteria will be to ensure that each lot will have tegal and physical access to a public street system. Your transportation and circulation review does not need to go beyond the property. We will not review traffic inpacts to Lionsridge Road or Buffehr Creek Road or any of the pertinent intersections. Your suburittal infornation should address geotogical hazard inforrnation to the level that the geological hazard napping affects your proposal . In addLtion to the environmental report, all other reguirementsfor special developnent district and major subdivisions nust be met. If you have any questions on this, please feel free to contact me. Sincerely,"R;?-^J Rick Pylman Town Planner RP:br rIe DRAFT DECLARATION OF PROTECTIVE COVENANTS FOR SUBDIVISION UAu,tcy COMMERCfAL FEDERAL SAVINGS AND LOAN ASSOCfATION, a NebraskaCorporation (rtDeclaranttr), is the record and beneficial owner of allof the Subdivision located in Eagle County, Colorado, the final platof which was recorded in Book _ at page _, of the records in theoffice of the Clerk and Recorder of Eagle County, Colorad.o. Declarant does hereby nake, publish and declare that thefollowing terms, covenants, conditions, easements, restrictions, uses,reservations, linitations and obligations shall be deerned to run withthe land, shall be a burden and a benefit to Declarant, its successorsand assigns, the Town of Vail, as to certain restrictions, and anyperson or entity acquiring or owning an interest in the real propertydescribed above and all other real property which is or becomessubject to this Declaration and irnprovements built thereon, theirgrantees, successors, heirs, personal representatives, devisees orassigns. l-. DEFINITfoNS: As used herein, the following words and termsshal-l have the following neanings: d*ral\P\"^,.- ...^..ctud;,,^g unc-\-^--4- SAd,r,S b'r-' d. Sinqle-Fanilv ResidentiaL Dwellinq: is a term asdefined in the Municipal Code of the Town of VaiI . e. Open Space Tracts: Tracts B, C and D which shall remain in its natural and undisturbed state to or be landscaped(including recreational structures, artwork or entryway structuret,o the subdivision) in a rnanner approved by the Design Review Committee, as hereinafter defined; provided, however, that an Open Space Tract may have constructed and maintained thereonutilities and drainage facilities in areas as so designated onthe final plat of the Subdivision, or as needed from tirne totirne. In addition, easements for ingress and egress may begranted by Declarant over such Open Space Tracts to adjacentparcels or lots. a. Subdivision: b. Lot: A lot within / c. Tract: A tract within f. Desiqn.Review Commi-ttee: A group of three persons whoshalL be responsible for the administration and enforcernent ofthese Protective covenants and other Design Guiderines, if any(rrCommittesttl. Such persons sha11 be appointed by Declarant.Any action, decision or approval to be given by the comnitteeshall require a majority vote of its rnembers. Should Declarant,at any tine within 30 days after receiving written notice of avacancy in the Cornrnittee having occurred for any reasonwhatsoever, fail to appoint a new member to the Committee to fiIIa vacancy, the Owners by a rnajority vote shall designate such new rnernber to the Committee, with an Owner having one vote for eachLot owned. g. Design Guidelines Guidelines for the use of the Tractsshall be adopted by the Cornmittee, which shall, arnonlt otherthings, interpret and/or inplement the provisions of theseProtective Covenants. Guidelines may be amended fron tine totine with the najority vote of approval from the Cornmittee andapproval of the town of Vail Design Review Board. lhe guidelineswill be available from the chairperson of the Comrnittee and Townof Vail Cornnunity Development Department. h. Road Tract: Tract A, wtrich can be used solely (i) toprovide a public road and right of way for use as ingress andegress from each of the lots to Lion's Ridge Loop, a pubtic roadlocated in Eagle County, Colorado, and (ii) to provide open spacein the same nanner as an Open Space Tract on portions not usedfor a public road and right of lray or for vehicular parking;provided, however, that the Road Tract nay have constructed andmaintained thereon utilities and drainage facilities. i. owner: Any individual , corporation, partn6rship,association, trust or other legal entity, or cornbination of legalentities, which is the record owner of one or more of the Lots. j. Declaration: This fnstrument and all amendments orsupplements thereto hereafter recorded in the records in theOffice of the Clerk and Recorder of Eagte County, Colorado. k. First Lienor: The holder of a promissory note paynentof which is secured by a first nortgage or first deed of trust encumbering an interest in a Lot. trMortgagerr shall include adeed of trust, and trmortgagett shall include the beneficiary of adeed of trust. 2. GENERAL PURPOSES: These covenants and restrictions are madefor the purposes of creat,ing and keeping the Subdivision, insofar aspossible, desirable, attractive, beneficial and suitable in archi.tectural design, materials and appearance, and unnecessaryinterference with the natural beauty of the Subdivision, and providin!ingress and egress from all Lots in the subdivision, arr : for themutual benefit and protection of the Owners. 3. USES: Al1 Lots or Tracts in the Subdivision shatl fallwithin the fol-towing land use definitions: DEFINITTON Single-Fanily Residential Dwelling Open Space Tracts Road Tract LOT DESCRIPTION L-24 Tract B, C and D Tract A A1l pernitted uses, conditional uses, accessory uses, allowable GRFA, setbacks, density, building height, site coverage, parking andrecreational amenities tax shall be as set forth in ordinance No. 23Series of l-988, of the Town of Vail. 4. APPROVAL OF CONSTRUCTTON PLANS: (a) No building or otherstructure shall be constructed, erected, or maintained on any Lot, norshall any addition thereto or alteration or change therein be rnadeuntil cornplete plans and specifications (including, but not linitedto, a color rendering and/or a nodel , floor plans, elevations, siteand grading pIans, provisions for off street parking and locations ofdriveway access, landscaping plan, the specification of principalexterior materials, color schemes and the location and the nethod ofutilization of alt utilities) have been subrnitted to the Town of Vailand approved in writing. fn addition, each owner that builds astructure on a Lot and all plans subrnitted pursuant to this paragraph4(a) shall conply with the design guideljnes as outlined hereunder.'\qf t\') S.rbdrYr6.cr'-r- The Town of Vail shall have the right to enforce the covenants andall requirements within articres 4 and 5 herein. The covenants andrequirements contained in articres 4 and 5 herein and the designguidelines may not be amended or deleted without Town of Vaitapproval . (b) Owners are encouraged to consult with the Town of Vailprior to and during the preparation of such plans andspecifications for cornpliance with the design guidelines in orderto avoid withholding or delay in approval . 5. DESTGN GUTDELI-NES: (a) A11 criteria and requirenents as set forth in the Municipal Code of the Town of Vail including but not limited toChapter 18.54 shall be comptied with. (b) The Town of Vail Design Review Board in addition to thereguirements of Chapter L8.54 shall take into consideration thesuitability of the proposed building or other structure and thematerials of which it is to be built to the Lot upon which it isto be erected, the harmony thereof with the surroundings. (c) The goal of these guidelines and the interpretation ofChapter l-8.54 of the Town of Vail Municipal Code shall be tocreate, for the entire Subdivision, a conpatible and homogeneousarchitectural quality harmonious with the character of the area. (d) The following specific restrictions shall governconstruction on and use of any Lot. I J ( +rd+,b x^^e!* +* Orn'./.^^.^,5 (v) Landscapincr: The concern of the Committee shatl be to improve the natural appearance of the Subdivision andthe maintenance of such appearance. owners.- and .their representatives or buiLders will be required to: (aa) Mininize disruption from grading. (bb) Revegetate and restore ground cover for erosion and appearance reasons. (cc) Use indigenous species of plant materials asestablished by the Conmittee. (dd) Select the man-made elernents that blend andare compatible with the land. (ee) Use existing or whenever possible.natural drainage paths (ff) conserve and protect topsoil, rock fornrations and unique landscape features. (SS) Sod such areas as determined by the Committee. (vi) Water and Sanitation: Each structure designed for occupancy or use by human beings shalf connect with water and sanitation facilities made available by upper Eagle VaIIey Water and Sanitation district or any other sirnilargovernmental or quasi-governmental entity. No private wellsshall be used as a source of water for trurnan consumption orirrigation. (vii) Electrical and telephone Service: All electricaland telephone service to the Lots will be placed underground. (viii) Easements: Easements and rights of way are hereby reserved as shown or described on the final plat for the Subdivision. (ix) Siqns: No signs, billboards, or other advertisingstructure of any kind strall be erected, constructed ormaintained on any Building Envelope for any purpose whatsoever, except such signs as have been approved by the Town of Vail. (x) Fences: Design and location of fencing shall be subnitted to and approved by the Town of Vail prior to installation. (xi) Trash: No trash, ashes or other refuse shall- bethrown or durnped on any land within the Subdivision. Thereshall- be no burning or other disposal of refuse out ofdoors. Each O!'rner shall provide suitable receptacles forthe temporary storage and collection of refuse and a1l suchreceptacles shall be placed in enclosures attached to thebuildings so that such receptacles shall be screened frornthe public view and protected from disturbance. (xii) Livestock: No animals, livestock, horses orpoultry of any kind (except dogs, cats and otherdomesticated pets for household enjoyment, not for cornmercial purposes and not to exceed two in number nay bekept by an owner so long as such pets are not a nuisance to any other Owner) shall be kept, raised or bred in the Subdivision. (xiii) Pets: Household pets, such as dogs and cats, nust be contained upon an Owner's Lot. Owners may not constructa fenced run on their T,ot. Pets shall not be allowed to rernain tied or chained anlrwhere in the Subdivision, any anypet so tied or chained nay be removed. Pedestrians accompanied by dogs within the Subdivision must have said dogs under their direct controL by use of leash not to exceed ten feet in length. (xiv) Temporary Structures: No temporary structure, such as a basernent, trailer, nobile home or tent shall bepernitted in the Subdivision, except as may be determined to be necessary during construction and specifically authorized by the Town of Vail in writing and in accordance with the regulations of the appropriate governmental entities. (xv) Trees: Trees naturally existing upon any Building Envelope or upon any Tract shall not be cut, trimned or removed from the lot or Tract without the prior approval ofthe Town of VaiI. (xvi) Television Antenna: Exterior mounted, exposedtelevision or radio antenna will not be permitted within theSubdivision. Such antennae, if instaLled, must be concealed from public view. (xvii) outdoor Liqhtinq: A11 outdoor lighting comes under the jurisdiction of the Town of Vail-. (xviii) Repair of Vehicles: No work of automotive repairshalt be perfonned anlmhere within the subdivision except within private lfarages. (xix) Accessorv Structures and Greenhouses: Accessorystructures, if dDy, shall be of sirnilar constructj-onmaterials and quatity as principal buildings. Greenhouses must be constructed of permanent materials and rnust be apart of the residential structure or garage and may not be afree standing building. (xx) Continuitv of Construction: AII structures comnenced in the subdivision shall be prosecuted diligentlyto completion and shall be completed within the twelvemonths of comnencenent unless exception j.s granted j.n writing by the Town of Vail . (xxi) Nuisance: No noxious or offensive activity shallbe carried on within the Subdivision, nor shall anything be done or perrnitted which shall constitute a nuisance therein. (xxii) Storaqe of Materials and Ecruipment: Owners andcontractors are pernitted to store construction materials and eguipment on the approved construction site during theconstruction period. It shal1 be neatly stacked, properly covered and secured and is the responsibility of the Ownerand the contractor. Owners and contractors will notdisturb, damage, trespass or store material-s or equiprnent onother Owners' Building Envelopes, on the Open Space Tract or on the Road Tract. (xxiii) Debris and Trash Renoval: Owners and contractorsshall clean up all trash debris on the construction site atthe end of each day. Trash and debris sha1l be removed fromthe site at least once a week to the closest solid wastedisposal site approved by Eagle County. Owners andcontractors are prohibited fron dunping, burying or burningtrash anywhere in the Subdivision. (xxiv) Sanitarv Facilities: Each oh/ner and contractorshaLl be responsible for providing adequate sanitaryfacilities for his construction workers (xxv) Restoration or Repair of Other Propertv Damaqed: Darnage or scarring to other property, including but notlinited to other Lots, the Open Space Tract, the Road Tract and inprovenents thereon, driveways or other irnprovements isnot permitted. If any such damage occurs, it will be repaired pronptly at the expense of the person causing the satne. (xxvi) Conduct and Behavior: A11 owners shall be responsible for the conduct and behavior of their agents, representatives, subcontractors. invitees,builders, contractors and 6. OWNERSHIP AND USE OF ?RACTS: The Declarant shall own theTracts, however, nothing contained herein shall prohibit the Declarant from transferring such Tract to the Town of Vail or other parties. Each Owner shall be entitl-ed to use the Tracts in accordance withthe purpose for which they are intended, without hindering, inpedingor imposing upon the rights of the other owners and in accordance withthe rules and regulations duly established from time to tirne by the Committee or the Town of Vail . 7. EASEMENT FOR USE OF ROAD TRACT: Declarant desires toprovide to each owner the right of ingress and egress to his Lot froma public road and Declarant hereby grants and assigns to each owner aperpetual, non-exclusive easement and right of way under, over, across and through the Road Tract for the purpose of ingress and egress between his Lot and Lion's Ridge Loop. The non-excl-usive easement andright of way hereby granted and assigned shall run with the land andshall be appurtenant to each Lot, such that a transfer by an Owner of Iegal title to all or any portion of a Lot shall automaticallytransfer the interest in the easement and right of way granted and assigned herein. 8. MATNTENANCE AND REPAIRS OF THE TRACTS: The TTacts and improvements thereon shall be administered, conserved, managed,rnaintained (including, without limitation landscape maintenance),repaired, irnproved and replaced by the Owner of such Tracts. However,if the need to make such repairs or rnaintenance results from the negligence or intentional act of any Owner, his fanily, agent orinvitee, such owner shall reimburse the owner of the Tract for all thecosts of repairing such damage. 9. EASEMENT. LEASE, LTCENSE AND USE OF TRACTS: The Owner shAII have the right to grant by easement, lease, license or pernit the useof, as the Owner may deen desirable, any portion of the Tracts or improvements thereon. The rights granted to the O!'/ner in this paragraph 8 shall only be used in the pronotion of the collective best interest of the Ohrners. ]-0. EFFECT AND DURATION OF DECLARATTON. The CONditiONS,restrictions, stipulations, obligations, agreements and covenants contained herein shaLl be for the benefit of and binding upon each and every part of the Subdivision and each Owner, his heirs, personal representatives, successors and assigns and shall continue in full force and effect until January 1 in the year 2008 A.D., and thereafter for successive periods of l-o years each, unless this Declaration during any such period is terninated, as provided hereinbelow, be recorded instrument directing ternination. l-L. AI'4ENDMENTS : The conditions, restrictions,obligations, agreernents and covenants abandoned, terminated or ampercent of the Owners, ex (i) that the provis rnay be abandoned, tern covenan stipulations,shall not betof75ph6 of allicles upon on of ttristo conply owners and aII First4 and 5 herein mav abandoned, terminated on,'amended onlyobtaining the additiofraI approval of the Town of Vail . : Each pE ngf-ed or anended only upon such)approv'enors; and (ii) that the provi6ions of L2. Declaration and agreement,with each provision of thi.s Declara€f6n-Eid any necessary exception orreservation or grant of title, estate, right or interest to effectuate any provision of this DecLaration: (i) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any Lot or Tract is granted, devised or conveyed, whether or not setforth or referred to in such deed or other instrument; (ii) shall, byvirtue of acceptance of any right, title or interest in any I-,ot orTract by an Owner, be deened accepted, ratified, adopted and declaredas a personal covenant of such Owner and, as a personal covenant,shall be binding on such Owner, his heirs, personal representatives,successors and assigns, and shall be deemed a personal covenant to,with and for the benefi-t of each Owneri and (iii) shall be deemed areal covenant by Declarant, for itself, its successors and assigns andalso an equitable servitude running, in each case, as a burden with and upon the title to each and every Lot and Tract. l-3. ENFORCEMENT: In addition to any other right granted herein,if any person shal-t violate or threaten to violate any of theprovisions of this Declaration, it shall be lawful for the Coinmitteeor any Owner to institute proceedings at law or in eguity to enforcethe provisions of this Declaration, to restrain the person violatingor threatening to violate them, and to recover damages actual andpunitive, and costs together with reasonablevioLationsi and in the event of a violatiarticles 4 and 5 herein, it shall be 1enforce such provisions as otherwise se L4. GENERAL: (a) If any of the provisionE l-rationor any paragraph, sentence, clause, phrase or word, or the applicationthereof in any circumstance be invalidated, such invalidity shall notaffect the validity of the renainder of this Declaration, and theapplication of any such provision, paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. br threatened violat for the Town of Vail to forth above. (b) Whenever used herein, unless the context shallotherwise provide, the singular.number shall include the plural,the plural the singular, and the use of any gender shall- includeall genders. EXECUTED effective as of the day of ,1988. COMMERCIAL FEDERAL SAVINGS AND IOAN AssocIATION, a Nebraska Corporation By: TOWN OF VAIL, COT.oRADO By: ATTEST: TOWN CLERK STATE OF )) ss. couNTY oF ) The foregoing instrurnent was acknowledged before rne this dayof -, l-988 by - asot EornrnErEla-t reaeral Saving ueUrasXa Corporation. Witness nty hand and officiaL seal . My connission expires on: Notary Public l_o STATE OF COIORADO )) ss. couNTy oF EAGLE ) Col-orado Municipality. Witness ny hand and official seal . My cornmission expires on: of and The foregoing instrrrment was acknowledged before me this _ day , 1988 by as Town llanager as Town Clerk of the Town of vail , a Notary Public 11 DESIGN GUIDELINES SPECTAL DEVELOPMENT DISTRICT #22 ARCHITECTURAL At the tirne of review of specific architectural plans provided for anydevelopment of single family structures within Special DevelopnentDistrict f22, the Town of vail oesign Review Board ihar1, in additionto the Design Guiderines set forth in chapter 19.54 of the vailMunicipal code, consider the following guidelines in the review andapproval process. The architectural design of the buildings upon thesite shal1 be such that buirdings relate harmoniously to each other.This is not to irnply that each building rnust look exictly sirnilar tothose around it, but that cornpatibility be achieved through the use ofscale, materials and colors, and building shape and form. Theoverridj.ngi concern is that, upon completion, the special DeveloprnentDistrict, beca.u-se-o2[ the clustered nature of the srnalr single fimilylots situated a'$1ip4 comnon open space should appear to be anintegrated developnent possessing a conmon architectural guality,character, and appearance. To this end the following general designcriteria shal1 be followed: /@A. A palette of'colors sha1l be selected and presented to the DesignReview Board for their review and approval . Colors shall leindicated for use on different types of building rnaterials andelements such as stucco colors, siding colors, rnetal flashing,windows, accent colors, etc. The palette of colors shouldindicatc-E, a ranqe of acceptable colors in order to encouragesinirarity on one hand, but arso diversity within the acceptable rancte. B. Acceptable building naterial alternatives shal1 be specified andpresented to the Design Review Board. c- Building forns and scale should be indicated as either acceptableor unacceptable. I,ANDSCAPE At the tine of review of landscape plans provided for any d.evelopmentof single farnily structures within special Development District #zzthe Town of vail shal-1 , in addition to the landscape guiderines setforth in Chapter L8.54 of the VaiI Municipal Code, consider thefollowing guidelines in the review and approval process: \ A. Entry Landscapinq and Liqhting: A plan indicating the landscape treatment of the nain projectentry shall be subrnitted and approved. The goaL of such a planshall be the following. 1. Present an identifiable entry point to the subdivisioncontaining plant naterials, lighting, and signage of a scaleappropriate for the size of the development. 2. Provide appropriate screening to the rear yards (a1ongLion's Ridge Loop) of Lots 20-24 which blends in with thdentry treatment 3. Provide appropriate screening along the western edge ofTract C. B. when individual landscape plans are presented for individual lotsspecial care shall be taken in the design of side yardlandscaping in order to provide adequate screening .between structures. Active outdoor use areas should be located withinfront and rear yardsa^-c€ vnol L;*t^;x 4t"- 3.,.e- yare . ,-,,Slifer&uompany July 30r l9SS T0r RE: Town of Vai I Lots l-l9r Block ?r Lionsridge Subdivigion This letter is authorization for Jerry l.l . Mul l ikin of Sl ifer & Company to act in our behelf and sign for Commercial Federal Savings rnd Loan on the following docurnents required by the Town of Vei l. 1. Application for a prelirninary plat' e.. Application forn for Special Development District Development Plan. 6lzwtt, /Zt sraqTr- f 9z/41 r4<sr 6//cL Savlnge 230 Bridge Street, Vail, CO 8L657 (nr 4762421 FAJ( 4762658 TO: FRO}T: DATE: RE: Peter Patten Rick Pylman Augiust 2, L988 Lionsridge Special Developnent District Peter, I have now written this memo.I haven't even put it inits draft form, so I am afraid you are going to have to writeit. I don't need to explain the forrnat to you. You have done enough of these rnajor subdivision prelirninary plans, special developrnent district. Planning Conmission date is August 8 and you may want to work with Nort regarding his schedute. It ispossible this could go to Council on Tuesday, August 16. fn which case, you would need to also write the ordinance for me.It is possible that Pete may be witling to back off on that schedule a little bit. so you may want to give him a call about that. I spoke to hin about it briefly. There are only a few LEsues that we really need to deal with inthis application. FJ-rst, and the most obvious one, is the that GRFA on some of the lots, as originally subnitted, is higher than we would like to see there. Pete knows this and has made some verbal corrections to his written application. I do have these penciled in to the original copy of his proposal that isin the file. The second issue that we need to deal with is ensuring that they legally clean up tbat mess of road cuts atsolar Crest and Byron Brown's driveway and access. Let's make sure that they do the footwork and get the legal easements in the right place so that it functions right. The third issuethat we talked about is some general type of design guideLines, design theme that should be perhaps written into the ordinance,or at least into the covenance and.She..town could be nade aparty of the covenance that would #trre a variety ofarchitecture fron appearing on thede small lots. I think thatis inportant to the success of this developnent. I am notreally sure where the appropriate place to discuss that is. I know Jamar would like to do it at final plat. That leaves themultirnate flexibility in trying to peddle this project beforethat. That really doesn't hurt us because they can't seII offthe lots until final plat anyway. So final plat would be afine place to review it, as long as there is some document that we could insert the guidellnes into that we have enforcementabllities over. I guess that could be done in the final covenance if the Town rrere to made a party to that. And perhaps that is the only part of the final covenance the Town would want to be a party to because we wouldn't really want tostart getting involved with all these covenances and all these subdivisions all over Town. That's really it on that onePeter. It is a pretty straight forward deal and f have everyfaith in your ability to handle this in nothing but a trulyfantastic manner. And I will be thinking of you while I amdrinking a cape cod around Cape Cod. See you soon. AvI Da'ue of epp0..tion ZIU l8 - APPLICATION FORM FOR SPEC]AL DEVETOPMENT. DISTRICT DEVELOPMENT PIAI\ r. Thj-s procedure is required for any project that would go throughthe Special Development District proced.ure. The application will not be accepted until all information is submitted. A. NAI4E OF AppLICANT Commercial Federal Mortgage Corp. ADDRESS 600 fTth SE., Sulte 22OOS, Denver, C0 80202 PHONE l-925- t95l E.NAME OF APPLICANTIS ADDRBSS 108 S. Frontage REPRESENTATIVE Rd. West, #308, Peter Jamar Vai1, C0 pHONE 476-7154 AUTHORIZATION OF PROPERTY SIGNATURE ADDRESS 600 17rh St'.Suite 22005 D.LOCATION OF PROPOSA]. pHONE 1-825-1951 ADDRESS Lions Ridee Loo LEGAL DESCRIPTION Lots l-19 Block 2 Lions Ridge Subdivision /13 FEE $100. 00 PAID___],, _ A List of the name of owners ofSubject property and their miling II. Four (4) copies of the followi.ng informat,ion: A, Detailed written/graphic description of proposal ..8. An environmental impact rej2ort shdll'.be submitted to the zoningadministrator in accordance with Chapter l-8.55 hereof unless w;ivedby Section 18.56.030, exempt projects; C. An open sPace and recreational plan sufficient to meet the demandsgenerated by the development without undue burd.en on availableor proposed public facilities; (0vER) F F. ,. - , . ''1. o -.. ?I.l .-.: -. ). , . , al-l property adjacent to tbe addres s es . \ G f\.--ts\\\s $B\.rtr\ n{'\ (.) PETER JAMAR ASSOCIATES, INC. PLANNING, DEVELOPMENT ANALYSIS, RESEAFCH IOTS ].-].9. BIOCK 2. LIONS RIDGE #3 RE-SUBDIVISION AND SPECIAL DEVEIOPMENT DISTRICT THE PROPOSAL, T The proposal consists of a request +{#" -- Lots 1-l-9, Block 2,Lions Ridge Subdivision Filing Number 3 @yzone Distsr:et ts Siagle Faruil.' Residentiaf -€=q3pge+EF ffi m,;"i"r:"]iary*e'W-s#::r"'$;.'t:.:i':il"'rl..i3parcel is L0.69 acres or 465t656.4 square feet. currenrly the site is zoned ,,t^i*iffilkk;!"*f,{lt(klix*<into l-9 iots which allows a total-of re awetting uniis i"--U./ u*r-) constructed upon the site. Therefore the reguest results in a 'total reduction of l-4 dwelling units upon the site and a totaldensity reduction fron 3.55 units per acre to 2.24 units peracre. Total GRFA allowed upon the site is currently 34,905 square feet.The total GRFA proposed is ;.7. .:tr't resulting in a reduction of / i., ;,ai sguare feet. THE SPECIAL DEVEIOPMENT DISTRICT: The purpose of special developnent districts is rrto encourageflexibility in the development of land in order to promote itsnost appropriate use; to improve the design, character, andquality of new development; to facilitate the adequate andeconomical provision of streets and utilities; and to preservethe natural and scenic features of open areas.r A specialdevelopment district is being proposed upon the site toacconplish these objectives. By re-subdividing the land thefollowing goals are met: Surle 308, Vail National Bank Burlding 108 South Frontage Road West . Va l, Colorado 81657 . (303) 476-7154 l-. Provide a flexible approach to land development which creates the ability to provide a development type inshort supply and great demand within vail;2. Reduce the residential density upon the parcel; 3. Provide the ability to preserve portions of the site as open space i 4. Provide for an improved character and quality of development; and 5. To facilitate the adequate and econornicaL provision ofstreets and utilities. The special development district is proposed to have anrrunderlying'r Single Faurily Residential Zone with only singlefanily residential dwellings allowed as perrnitted uses. TheSpecial Development District designation is proposed in order toallow for a slightly varied lot size and setbacks than providedfor currently within the Single Family District. THE DEVELOPMENT PI.,AN: The Development Plan prepared for the site depicts a typicalbuilding layout and configuration which would be constructedunder the development standards of the SDD. Lot sizes range from.17 acre to .35 acre. The developrnent plan consists of 24 singlefanily dwelling units with t9 of the u-nits having access off ofLion's Ridge Lane and the renaining units accessing off of LionsRidge Loop. Lots L-L4 and ZO-24 would have typicil setbacks of20' in front (off of Lionrs Ridge Lane) , LO' on the sides, and al-5' setback in the rear yard. Building height would be not morethan 3O' for a flat or mansard roof and 33, for a sloping roof.Lot sizes vary and are listed along with the maximum ciFA allowedupon each lot. fn cases where lots are less than 1L,200 feet insite area, a minimum of 28OO square feet of GRFA is allowed. LOT l- 2 3 4 5 6 7I SIZE L4 t375 14 t375 LL,7 6L LL,326 LO ,454 LO ,454 LL,326 10 r 890 MAXIMW GRFA 33L2 2940 2A3L 2800 2800 2831 2800 /' ., L,,OT 9 10 11 L2 13 14 15 t6 L7 18 19 20 2L 22 23 24 SIZE LL,326 LL,76L 10, 890 L3,068 15 r246LL,326 I,7L2 7 r405 9 rL47 10r 0L9 9,L48 LO, 019 L0, 019 9r583 LO ,454 9r583 MAXIMW GRFA 2831 2940 2800 a,a?a,4a- 1.2 " ",q50283L 2800 2800 2800 2800 2800 2800 2800 2800 2800 2800 .<.l.f1 'l - E}WIRONMENTAL I}TPACTS : Due to the fact that the proposal is a reduction in the number of and square footage of dwelling units, the environmental inpactsof the proposal will be less than anticipated when the site wasorj.ginally subdivided. Very briefly, the following discusses the impacts associated with the proposed revision: laHydroidc Conditions: The proposal will not alter Surface drainage will bedrainage system of the Town Atmospheric Conditions: 1-4 fewer dwelling units uponin potential air poLlution automobiles. Geologic Conditions: or affect any natural water course. coordinated with the overall stormof Vail . the site will result in a reduction from wood burning fireplaces and The site is not located within any geologic hazard area and development is not anticipated to result in any geologic hazardsor negative changes. Biotic Conditions: The site does not contain any unique vegetative characteristics or wildlife habitat. The increased amount of open space upon the parcel could potentialJ-y better serve certain forms of wildlifethat the previous subdivision layout. Noise and odor Conditions: l-4 fewer residences should have a positive inpact upon these factors. Visual Conditions: The site is not located within any designated view corridor ofthe Town of Vail. The scenic value of the site should be enhanced through the provision of conmon space areas. Land Use Conditions: The proposed single fanily use will be cornpatible with theexisting nultiple family and duplex residences within the inurediate area. Circulation and Transportation: The reduction in the number of dwelling units will have apositive impact upon the local street system. Population Characteristics: The reduction in the nunber of dwelling units will decrease theresidential density of the site. UtiLities: All- utilities are currently connected to the site and can berelocated and new easenents established as necessary. o APPLICATION FOR MJOR SUBDIVISION REV]El,\l (more than 4 lots) APPLICANT Commercial Federal Mortgage Corp. ADDRESS 600 17th St., Suite 22005, Denver, CO 80202 \ PHON E l-825 - 195 1A. NAME OF Nh rr rne NAME OF APPLICANT'S MAILING ADDRESS 108 REpRESENTATIVE peterJamar S. Frontage Rd. West, #308, Vai1, CO pggpE 476-7154 C.PROP ERTYNAME OF OWNER'S MAIL ING OWNER (print or type) Commercial Federal Mortgage Corp. S IGNA ADORESS 600 I th Sr.Suice 22005, Denver, CO 80202 - 1 -9.' C- I Oq',l D.LOCATION OF PRO LoTS t-re POSAL LOTS BLOCKS 2 SUBDIVISI0N Lions Ridge //3 BLOC KS SUBDIVISION E. FEE $t 00. 00 PArD rF. @rc' to4'{ CONSULTATION REqUIRED The first step is to request a meeting with the zoning administrator to assistin meeting submittal requirements and-give the proposil a pre'l iminary "eutew. INCLUDE a'l jst of al'l adjacent property owners and their maifing addresses. SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEl^J CRITERIA Submittal requirements, review criteria and the approval process for major subdivisions can be found in chapter.'l 7..|6 of the subdivision Regulations. o-;i6#rt Ti!ts Aisocta!t.tn commirm€nt - r.aoarrilrzs COMMITMENT FOR TITLE INSURANCE ISSUED BY GUARANTY COMPANY r:.l : STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuatrle consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land.described or referred to in,Schedule A, upon payment of the premiums and charges therefor; all subject to.the provisions of Schedules A and B and to the Conditions and Stipulations hereof, .,' i i,l This Commitment shall be effective only When the identity of 'the proposed lnsured and the amount of the policy or policies committed for have been,inserted.ih Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by sobsequent endorsement' This Commitment is preliminary to the"iisuance of such policy or policies of title insurance 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. This Commitment shall not be valid or binding until countersigned by an authorized officer oragent. STE\^rAFTT TITLE or agent.-'""---',1i,,,1-"-"---- - , " lN WITNESS WHEREOF, the CompanV has caused this Cqmmitment to be signed and sealed, to become valid when countersigned by an'authorized officer or agent of the Company. all in accordancebecome valid when countersigned by a orized officer or agent of the Company. all in accordance witlr itsBy-LawsThisCommitment iseffectiveasof thedateshown inScheduleAas"Effective Date." S'TE\,VART A'ITLI' 2Va/ftt- Vt.,-,a Chairman ol the Board Cou ntersigned by: OI'AN NTT COXPANY s$tiffiF*\7i. rsoa .€S ==;;j.ii:i!ir' t,tit tijt ttl ( oIt!tttt r tu President "..c.l601. 1 5840 tra1, f l('I) SCHEDULE A Commltment Number:Order l{umber: 4OZO_V r'Ell€c{r€daro: t{ay 0g, lggg At B:OO A.l'1. 2. Folicy ot Fo[dos lo b€ issued: A. ALTA Owner's Policy Proposed Insut€d: TO BE DEIERMIT'IED g. ALTA Loan Folicy Proposed Insursd: c. funount ol hrsuranco s TBD Fremium TBD 3. The ssiate or Intsrost in th6 tand describod or rglersd to in this comitmont.ar|d co\€r€d heroln is t6o simpb and titlo thel€to is at tho eflscliw dato her€ol wstod ln: COl,ililmCIAL FEDERAL SAVII'IGS Al{D LOAN ASSOCIATION 4. The land relsr.ed lo ln this commltmont is doscdbod as lolbws: LOT 1 THROUGH AI{D IIICLUDING LOT 2b, BLOCK 2 LION'S RIDGE SUBDIVISTON FILIT.IG NO. 3 Accord.ing to E,he Plab recorded Sepbenlrer LO, LgTg- in Book 290 at Page 794 as Reception llo' 187L93' COUMTY OF E.AGLE STATE OF COLORADO FOR gttESTIONS REGARDING THIS COMMITMET'IT PLTASE CALL LINDA 'IILLIAMSAT 303-949-101.1. STH.IART TITLE 0F EAGLE COUNTY P.O. BOX 1248 vArL, coLoR.ADo 81658 SIE\il'AR.T TIAT.E CUARAIITY COI''AXY l,tAY 19, L988 CC: SLIFER t6s2 (25M 3186) Pags 2 SCHEDULEB-S.clloni Ordsr Number:Commitmenl Numbor: 4020-v Requirsmsnls The following are the roquiremenls to b€ complied with: ll€m (a) payment lo or for the account ot th€ grantors or mortgagors ot the full consideration for the estate or interest lo be insur€d. It€m (b) proper instrument(s) creating the eslate or interest to b€ insured must be executed and duly tiled tor record' lo wit: 1. 2. 3. 4. Execution of affidavit as to Debbs and Liens and its return Eo Stewart Tible GuarantY ComPanY' ExecutionofCerbification-EnbibyTransferor/Individualiransferor and its return to bhis office' Evidence satisfactory lo Stewart Title Guaranty Cornpany llgb ttre real" estate tran-sfelbart assessed by ttre -Town of Vail has Ueen pai.C or bhat lhe transaction is exenpt fron said Eax' Deed from vested o$tner, vestingr fee simple-title-in il;;h";;t(s). NorEi llo'ierron oF rrs LEGAL ADDRESS oF THE bneNrEE MUST ApPEAR oN THE DEED AS PEa 1975 AMENDMENT T0 aiATUTE oN REcoRDrNc 0F DEEDs 73 cRs 3835109 (2) ' STE\'V'AR.T TITLE GUARAI{TY COIIIANY1653 t25M I l/871 Page 3 SCHEDULEB-Ssction2 €xcoPtions order Number: commitment Number: The policy or{SfrSSVo be issued will contain exceptions to the following unless the same are disposed ol to the satisfaclion of the ComPanY: 1 . Rights or claims of parties in possession not shown by the public records' 2. Easements, or claims of easements, not shown by the public records' 3. Discrepancies, conllicts in boundary lines, shortage in area, encroachments' and any facts which a correct survey and inspection ol the premises would disclose and which are nol shown by the public recorcls' 4. 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 5. Defects, lrens, encumbrances, adverse claims or other matters,. if any, created, first appearing in the public records or attaching subsequent to the eflective date hereof but prior to the date the proposed insured acquires of record lor value the estate or interest or mortgage thereon covered by this commitment' 5. Any and all unpaid' baxes and asseEsments and any unredeemed tax sa1es. 7. Ttre effect of inclusions in any g'eneral or speeific water con6ervancy, fire protecbion, soil conservation or other district or inclusion in any water servlce or street improvement area. S.Rightofwayfordilche6andcanalsconstructedbytheauthority oftheUniEedStatesaSreservedinUnitedStatesPatenbof record. g.Right-of-t'ayofHolyCrosEElectricAssociation,Inc.,boconstruct opirate and-miintaiir its electric transrnission or distribution lines or systems and appurtenances upon, over and across the ProperEy as granted by instrument relorded August 24 ' L967 in Book 2lL at Page 103. 10. Easements to Holy Cross Electric Association, Inc' ' recorded at Book 229 at page-ogs, eook 230 at page 351 , Book 263 aE Page 728. 1L. Agreenent concerning teLeplrone service between Tayvel Enviornrnental L5.nd Conpany and ltorfntain- Sgates Teleptrone and Telegraptr Conpany recorded in Book 231 at Page 291' 12. Easements reserved by Byron D. Brotrn and Louie F. Livingston in bhat Deed recorded in Book 252 aE Page 555' 13. Pipeline eaEement to Buffer creek company recorded in Book 2L4 aE Paqe 243. 14. Terrns, condit,ions, restrictions and stipulations as contained in Covenants for iion's Ridge Subdivision Filing No' 2q, recorded in Book 225 aE eagi e+: as Reception No' 121218' and amendments in Book 225 aE Fage 565 as Reception No' L21341' and in Book 233 at Page 53 as Reception No' L2a943' See Continuation Page are hereby omitted.Exceptions numbered 1654 (26M l1/8? l STE\d'ART TITLE GUAR.ANTY COL{'ANY Page 4 CONTINUATION SHEET SOHEDULE B-section 2 Order Number:Commiiment Number: Lots L Block +020-v 15. Easements, resbrictions and rights-of-lralls as slrown on--- pfit of Lion'"-niAg" Subdi-vision Filing No' 2' in Book it e.ge 444 as Reception No. J-zLZLg' bhe 2?5 16.EaEementsandottrernattersasdisclosedontheplat-for.Lion,s Ridge Subdivisio", fifing No: 3, recorded. Septernber t0 ' 1979 in Book 290 aE Page 794, incJ-uding but not linited to: A. 30 foot a.cce6s and utility iaseurents as slrown on said plat' B. 20 foot pedestrian easenent aE slrown on said plat' c.2oEooEeasementforexistingrroadandsewerencroachnentacross a part of the -ot'tttt"tiy portion of Lot 1' Block 3' as shown on said PIaE. D. Utility easenents l0 feet on each side of all interior Lot lines and 15 foot utility easenent along and-abutting on all eiterior lot lines and along the subdivision boundary Lines, al). as reserved on said plat' E, 20 foot sewer easenent through Lots 14 and 15, Bloch 2, as slrown on said Plat.F. ReEervatio., orr'ihe plat whereby building permits for tfriougtt 27, Block 2 will not bL issued until LoE 28' 2 is dedicated to ttre Tonrn of Vail' STEWAR.T TITT.,E GUARANTY COI''AI{Y Page - 0056 (5O rG84 l. 2. CONDITIONS AND STIPULATIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. lf the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. lf the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acqu ires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability prwiously incurred pursuant to paragraph 3 of these Conditions and Stipu lations. Liability of the Company under this Commitment shall be only to the named proposed lnsured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (al to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. ln no e\rent shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STE\,VAfiIT TITLE G}UAI|ANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BER which appears on the bottom of the front of the first page of this commitment. 3. 4. Page 5 \;-LLI / L+roobt. ,#ro968o-Fr ed fon Rccor.d: l{ov.2?, | 6{J ab }f ; Jo A.}'1. ..". . . -l r, eo-.. r-r., a -J g!.r.;:-.-.--':., -:-.... ..;:; . ....- i.u:-*.; i:..-. *\,.;.,..-7 .. '.... C.:J ::i,:i;.-r, c:-:.1:. 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'.". $s Lu;:li.:d, et!, $rrL-_rrr; a-svv r,.-; t;i:e 1:.:;!;.:;.;:;.C ii oj-'. Li: .-:;.j i:., L!,.t-'-, (.:.: t. il-:.: (;..r l.-..t.:..-- L'; -:.....' .:1.; .'--.---'.; 1; i';.:-l tl J: -v---..-.:-...j *- L-:::;..j J-:.--. i::.'-:-,. ;--; ;.-;:,,i- L' ,::-:-,j. :'-J !, 5i.::.:-.,:::--:.. ... -: i. L.'.: .., . ..-r", .i .-,:- r'.'-- ;.:-l;:t,;.i. ar r-_r, \,-a L--ri J'-':l -! -:--,..- r . '..,..:- ., s ..'. . .;a-e.-L \r-i ----e litZL21S'r'iled. r'.'lr iiuccrtl {luf:t.20,797i' trE '?-:0() i'.Ii etri't''rl.\ r'',v.J PROTECTIVE COVIINANTS or LION'S RIDCtr SUBDIVISION FILING NO. 2 EAGLE COUNTY, COLORADO (_-.-. KNOW ALL I',I.]]N BY TIIDSB PRI]SIINITS: That LISNtS RIDGE VIINTURIS' a ioint.YtltYto: P:i"n the owner of. all of that real esEatc described in lixhrbit a- otticitea 'hereto anrl incor:poraLed herein by rcf erence 'in the coulrty "t n".Ji", State of Colorado' the Plat of which was recorded in said CountY oD = , ,, , = ' irr.-6r"tr.-;;; ffi'dA;r, doei n6?dbl.inrpose restrictions i"a fi"t""tive covenants as hereinttf ter sct forth' and does hereby reserve easements as hereinafter ciescribed' I. Ceneriil PLlrposes. In order to maintain a high- guality re"iaa;fiaT-t*u*r,icy, the real' property.described heretofore is subject to tlre covenants, iesrricLions, condi- Liorr" I E€s€EVcltioiu, riuns ancl charges hereby -declared to insure the best usc and the most appropriate clevclopnient and irnprovements of eaclr building siLe thereof; to protecE the owners of nui:-ainf sitcs .goinst such improper use of surrouncling buildip,g iitu" os 'itt cleprcciatc :?:-yil""of t.heir pioperty; 'io preserve, so f ar as practsrcaD-tc 'the naturaf beauty of said proPerty; to guard against the 'erection thereon of poorly ctesit;ned or Proportioned structures, ..o uiio;a;;;; buirI of inrp'r:opcr or. unsuitabre m;rterials; t-o obt-ailr hartnotrious col or schctucs; to lnsurc the highest anil bcsL devcloplrtcnt of s'rid 1>ropcrl-y; Lo ar,aor]tiga and secure the ereccion of attractive structures thereonl with appropriate locations tirereof on building si tes; to secur. u.,b mait-rtain proper setbacks f rom s treets ' and aclequate free spaces betwecn structures; ancl in gcneral to provide adequateiy for a high qualitV 9f imn19Yol:""" on iaid propert y, and thcreby to enhance tlre v.'lue or investments nrade bl purchaseis of buil<1ing sites therein' 2. Definitions. As used herein, the following words and teiiF-Elirfl--have the following meanings: I972, in Book . ' , at Page !il1 of thc rL'cords of "DeclaranL" shall nrcan LIOI'J r S RIDGI](a) VENTURES. (b) "Lot" shall mean a lob \''itshin the LIoN I S RIDGE SUBDIVISToN inIfrNG No. 2, whiclr can be used for residential or cottultercial PurPoses. (c) "Resiclential-Lo'!" shall me'rn a lot which can be usecl for toS:.aa;fiefl;;6ses only, and upon which only a single-family reside.tt ^iy be constructed with the exclption [h.t on. guestaPartnients may be-incorpoT?:eg into tire itr:ucture, Provided the character 'rnd essenLrar aPPear- ance of a single-farnily dwelling is maint'ained' (d) "Commercial. Lo,!" shall mean a 1ot which can hre used for cofrd6iniTifin-G7 nttrltiple-f amily residential purposes, aparLments, restaurants r -notels, llotels,- Iodges t itro?.s"ionai offices and nreclical clinics, reLail.shops' iervice shops (exclutling automobile service stations) ' (c) "ParceI" shall LION'S RTDGE SUBDIVISToIT FILING on the Subdivision Plat. nean a parcel within the NO. 2, as so designated .o t.- Uses (a) AII I'ots which are design.rted on the Pfat by a combination of letter ancl number (e.g., G-1), shall be used only as commercial lots (b) AII lots wlrich are designated on the Plat . by nurober (e,g. , Lot I) , shall be usecl' only as residential lots. (c) Parcel A as designatecl on the PIat shall be used only in accordance with a planned unit developmcnf scheme, whiih may incorporarte condorniniuns, multiple family residenc,es. apartnents, restaurants, motcls, hotels, lodges, professibnal offices and retail shops subject to approval is to overall planning an<l 4evelopnre^t by the ArchiLectural cornrni ttee . (cl) All t)arcels other than Parceli A, designated on the Plat shall be used for the sallnc uses and purposes as allowed for conunercial Iots, specified in Paragraph 2 (d) ' 4. Architectural Comrnitbee. No building or other' structure s@, altered or rlraintained on any lot in the Subiclivision, nor: shall any addition there- to or change or al"teration therein be nade, until the cornplete plans and ipecifications (inclucling' but not. |l..rnit9a to' the floot, elevition atrcl gracling plans, the specifications of principal exterior rnaterial-s, color scltetnes and the loca--tions, character .rnc1 method of utilizution of all utili'ties) , and piot plan showing the location of building' and trees have been- subrniLtcd in triplicate and approvcd in writj'ng by an Architectur.rl Cotrunj. l-Lce conrpos;ecl ot I'hif lip ll' Taylor and Thomas J. Taylor, or by a representativc desiqn.rted by the two (2) members of saiil Conunittee- fn the event of death or re=ignution of errry member of said Corunritl-ee, the rentaining menrber, or members, shall have full authority to apProve or disapprove such design ancl locacj-on, and to desic;nate a suc- cessoi member with like authority. In the event that, by reason of death or resignation of Committee metnbers, no mem; ber is acting on behalf of said Corunittee, tlren successor , members of said Cornmi"ttee shall be designated by -the ov/ner6 of at least fifty Percellt (50t) in area of al-l of the pri- vately-owned lanc1 tontainetl in LIONTS IiIDGE SUIIDIVISION FILING NO. 2. In passing upon aII such plans and specifi-' cations so subnlitted, the Archj.tectural Colunittee (or its representative cluly appointecl) , shall til<e inLo consideration, arnong other things, tirl suibability of the proposecl building or oiher sLructuie, ancl the materi.rls of which it is to be built, to the IoL upon whicl'r it is to be erected, the harmony thereof with the surroundings ancl tlre effect of the building or other structure, as plcrnned, on the outlook from adjacent or neighborinq lots; prqvirqgg, however, that refusal of ap- proval of plaris and s[EE-l-f-I6cions-Iy-such cornmittee may.be a based on airy reasonable ground, includinc; purely aesLhetic grounds, which, in the sole ancl uncontrolled discretion of the Corunittee, shall seem sufficient. I^lhether or not provision therefor is specifically stated in any conveyance of a lot in the Subdivision, the . owner or occlrpant of each and every lot, by acceptance of title thereto or by taking Possession thereof, covenants and agrees that each Uuifaing oi other structure (or addition, ch.nge or alteraLion theieof), shall be constructed, erectcd ancl naintained only in strict accordance with the plans and specifications so approved by the conmittee. In the event said. Committee, or ibs designated representative, fails to approve or clis;rpprove such design and location within thirty (30) days after s.tid plans and specificaLions have bcen subrnitted to it or, in any event, if no suit to enjoin thc erection of sucli )tuilding (or the making of such arddition, change or altcration thcrerof ) , has been commcnced prior to -2- \-. the completion thereof , such approva'l sha'l I not be required and thii covenant sha'l I be deerned to have been fully com-plied with. No bui I di ng or s tructureor permi tted to remai n bf forty-five (45) feet at the mi dpoi nt of the 5. Height Linitations. shal I be placed, erecte , al tered on any lot which exceeds a heightin elevation measured from grade structure. 6. 0ff-Street Parki nq. There shal'l be no on-streetparking. Pdmitted only in those areas andin those ratios described below: (a) Vehicle parking shal'l be provided on aratio of: (l) Two parking units for.each residen-tial lot; (2) 0ne and one-half parking units for each dwe'l Iing unit in a multip1e-family residence, condonti'nium or apartmenti (3 ) 0ne parki ng uni t f or each renta'l uni t in a hotel, motel or lodge; ''(4) Three parking units for every 1,000 square feet of floor area devoted to custonter serv'i ce in aretai'l or servi ce shop; (5) 0ne parkl ng uni t for every 100 square feet of floor area devoted to custottter service in a restaurant or bar; (b) Each parking unit shal l contain 300 squarefeet, including drives between parking rows and shall be located entirely within lot lines. . (c) Required vehicle parking may be whol'l y on grade, partly be'l ow grade or vlho'l 1y below grade. All parking units n0t within a dwelling structure and al1 driveways in the Subdivisjon shalI be paved. , (d) Mobile hontes and large conrmercial vehicles shall not be parked within the Subdivision. 7 , Structure to Land Area Ratio Requi rements. (a) lrlith respect to Commerciai Lots, the area on which structures are constructed sha lI not encompass more thanfifty percent (50%) of the surface area of the lot on which such improvements are si tuated. (b) l^li th respect to Residential Lots, the area on which structures are constructed shal I not encompass more than thirty-five percent (35%) of the surface area of the 'l of on which such inrprovements are situated. 8. Temrrorary Structures. No trailer, basement, tent' shack, garagffitbui'l ding shall be permitted on any lot in the Subdivision at any time, nor shall any structure of a tetnporary character be used for human habi ta- tion except where authorized tor a period of not to exceedthree (3)'months by a special permit granted by the Declarant. 9. Construction Period. A'l I buildings or other struc- tures commenmhe subdivision shall be prose- cuted dlllgently to completion and 1n any event shal'l be contpleted within twelve (tZ) months frorn cornnencement of -3- (-.- ' construction unless apProval of Declarant is o)rterined in vrriting extending exr;;ding such twclve (12) ruolrths' period. I0. Trccs. Trees on any lot, except to the extent necessa;y foF-c6-iistruction PurP6ses, as approved in writing by the aichitectural Committeel shall not be cut, briruned or rimoved from any lot, except that Declarant, - f rotn time to time, may approve some thi;ning or trinuning if it seems desirable. 11. Fences. No fence, wall or similar type barrj'er of any kind shEfT-be constructed' erected or maintained on any l6t, except such fences or walls as lnay be approved by thi architectural Cofiunittee in writing as an integral or decorative part of a builcling to be erected on a lot L2. Signs. I'lo signs (including "Ilor SaIe" or "Rent" signs),-Uiffffitau or oth6r advertisinc; structure of any kind snilf be erected, constructed or naintained on any- Iot for any purpose whatsoever, excePt' such sj-gns ?: huY:.been ap- prbvla Ly Declarant in'writing ei.ther ior icientification of residencEs or places of business or other usee' 13. Water. Each building or structure clesiqnecl for occupancy or use -by human beings shalf connect with water tacifities nade avl'j.Iable at any t irne by Declarant or water district serving the Subdivision. 14. Sewer. " Each buitding or structure designed for occupancy or use by human beings shall connect with sewer taciiitils made available at any time by Declarant.or sewer district serving the Subclivision. No piivatc scp!19 tanks for disposal of scw.rge shall be allowerl in the Subdivision without written perutission of the Declaranb' 15. Trash. No trashr ashes or other refuse shall be thrown or a"mf*a-"n any lancl witirin the Subdivj'sion' Each property ownei shall piovicle suiEable r:eceptacles- for the temporary scoragc and collection of refuse and all such re- ceptaclei shalI be screenecl f rorn public view and protected . frtm disturbance, and shall be in-complete conformity with sanicary rules and regulations. No garbage incinceration , shall be perrnitted, 16. Animals. Owners and lessees of land within the . subdivision rnl[-[-Jve orclinary householrl pets belofgirg to the household so long as such pels are disciplined and- do not constitute an utt.l.t. annoyance to other owners and lessees ' The Architectural Committee shafl have Ehe power to require any owncr or l-essee of lands in the subciivision to remove anlr household pet which is not disciplined br: which consti- tutes an uncluc annoyance to oLher owners or lessees of land in the Subclj-vision. The Architectr'rral Corunittee may eruLhorize the keeping of horses in the subdivision so long as.there are, in the bpinion of the ArchitecLural Conunittee, sufficient pasture ind approved facilities for equestrian activities, maintained in a neat and sanitary manner by the Grantor or Property Owners Association. L7. Mininq. )'lining operations of any kind, or quarring shall not be-pErlEtted upon oi in any of the. lots in Lhe Sub- ' division, nor- shall tunnels, mineral excavations or shafts be permitted upon or in any of the said lots. 18. LicJhting. Any liglrt used to illuminate signs. parking areaiZ?-i6i .ny 6thei purposes, shall be.s9 arranged' as to reflect, thc light away from nearby residentrar prop- erties and away from the vision of passinq moEorists' L9. Setback Rec{uir:ements. There shaIl be no general rule for tneffielrts vrith rclation to Prop- erty 1ines, but all actual construction sites shall receive the written approval of the Architectural corNnittee. -4- o t_ -- 20. Landscapinc.J. AII surface areas disturbed by "orr" ttu J i iontE-.t-l-iEie tur n ed prornp Lly to the i r na tu ra I "onaitior, and replanUed in native gias!, excePt whcre such areas are to be rmproved by the constructiou of gardens t Iawns and exterior'li"i"q '.tuo", whicir shall- be permitted only after the plans theiefor have been approvecl by the Arcl\itec tur.rl Coluni Ltec . 2L.Easelnents.Easenrentsandriglrtsof.way.arehere- Uy r"u.ii.d f.ffiitua- "i clescribed on the of f icial recorded plat of the subcliviiion. Other easements are reserved for ;;;;r-;";""rr-rliiities and maintenance thereof in rhe right of way of each road. 22. Un<lerground Utility Lines ' AII water' 9ds' erectricai, c;ra-pfffiipes and rj'nes within the lirnits of this Subdivision must be-buriecl underground and may not be carried on overhead poles or above the surface of the grouncl , except such electricat or telepirone. lines as have be6n pr".rioutiy installecl .overheacl .prior to the filing of the Subdivision ptat for this Subdivision' 23.Dur:ati.on.Theseconditionsrrestrictions'cove- nants, ieierv,rEia,.tt, easements, liens and charges shaIl run with ihe lancl and siall be binding on ;rll parties and aII potrot" claiming uncler then until January t, 1999, -at' which time said covenants shall be autolnatically extended _for suc- cessive periods of '.ten (10) years unless, by vote.ot tne Owners oi .otu than fifty peicent (50'd) of Lhc privaLely- owned real property within the boundaries; of bhc Sul:division' it is agreei in writing to change or moctify said covenants in wholi or in perrb. ltotwibhst:rnding anytlrinc; to the contrary hercin, thes,: conttitions, rcsLricLions , covctlclltt-s ' rcscrva- tions, easemencs, liens and charges nray be chan<;ed '. rnodif ied or amendecl at any tine prior to January 1, 1999 (but in no other waf) r by tie writlcn consenc of the owncrs of nore than sevlnty-live percent (?5t) of the privalely-owned real property witnin thl bounclaries of the Subdivision, provided' noweverl that no changc, modification or aniendment shall be effective without the-prior approval of the uac;le CounEy Planning Corrunission. 24. Validitv. Invaliclation of any one of these conditions, re;EiTctions, covenants, reservations, easements' Iiens and charges or any part thereof by judgments.or Court Order shall in no way affect any of the other provrsLons which shall remain in futl force and effec!' 25. Violati-on of Covenants. Violation of any of the conclitio@ants, reservations , ease- ments, Iiens and charges herein contair-rccl . sh:rll give the Declarant or its agcnt or: assigns the r:i-ght to etrLer upon the proPerty uPon 5t." to which such violation exists, and to sirmmirify ;rbate and remove, at the expense of the owner thereof , .n-y erecLion, thing or condition that rnay be or exist thereon contrary to tire intent a'd meaning of the pro- visions hereof; and D-eclarant or its agent or assigns shall not thereby be deemecl guitty of any malrner of trespass for such entry, abatement or removal. 26. Iigh.! to Enforce. The Provisions containcd in this Declaration ;ffiTf--6-fia-and inure to the benefit of and be enforceable by Declarant or the owner or owners of any- portion of sai<l -property, or their and each of their legal lepresentatives , helrs, successors and assigns; and failure by Declarant, or by any other property owner, or their legal ripresentatives, heirs-, successors or assigns, to enforce any of such conaitj.ons, restrictions or charges herein con- tained shall in no event be deemed a waiver of the right to do so hereafter. linforcernent of the coven.tnts or resLrictions contained herein rn.ry be h;rd at law or in equity against any person' partnershipl corporation or entity violating or: at- tempting to violate any such covenalnt or restriction. -5- ' 'i l.-i .- 27. Assignment of Po\rters. Any or aII of the rights and powers a;-dffilarant hercin contained may be assigned to any other corporation or associatiorr which is now organizecl or which may hereafter bc organized and which will assume the dubies of Declarant hereunder pertaining to the part,icular rigltts and powers and reservations assignedi and upon any such corporation or associaLion evidencing its consent in writing to accePt such assign ent and assume such duties, it sha1l, to the exLent of such assigutent', have the same rights and powers and be subject, to the sanle obligations and duties as are given tb and assumed by Declarant herein. EXECUTDD this )t''i7 day of September ' l-972. LION IS RIDGE VENTUI1ES, By TAWEL ENVIRONI'{ENTAL a Joint Venturer a Joinc. Venture LAND CO},lP]\I{Y, STATE OF COLONADO County of EagIe ss. .The foregoing instrument was acknowledged before me this .:.'i -ir'' day of September I L972, by TIIOI4AS J. TAYLOR' as . Vice-President and JAITIE S P. SWIFT, Assistant secretary of TAYVEL ENVIRONMENTAL LAND COMPANY, a Corporation, as iloint. . .Venturer of LION'S RIDGE VENTURES, a Joii'rt VenCure:...;].f';:;'.;:;,,,::,,, wITNass my hand and official seal , ;',r);;).",'.,. ;:)::::i,:',, ,t, ',,' ' '' '','4Not.ary Pubfic -6- J Ir!corraiurr N o ".... -....,I!.Lt! !.,1.....I'iir:1r..:1.1 ii. li.r 252/ 555o 1].i.......--..--..ii,cc,,'\, ii ---'-:!if ,:1./ il lr li ll lr l,r .,.,',.. . , ,:--J J)-rJ, r Ldc urrs Duc cr,t Le r ;..rt hU,,.]i.e,,l 1111d SeVc r-l t ) r.irwcc! liYli0N D, t',ilO\.JN . .Jiiy of t f our L<.,rtl uuc tLousitnd r. i,IVlN(;SToN io tiio year six ' urti L.0U IS lrL l,lirt S;*t,,' oI C,llvrail,r, oIa ioirrL V!:ufu.rc Cr,i.uty oi ua 81 c st,lolnJ Pqr:; \VrTI'lilSSldTII, 'lhat t)rc sli,l part ics of tllo fir.sl 1lart, for and iu coj)si(lct'lition of tLe suur o[one doliur i.ilC f uIl satisl.;ri:t-ion of tlluil: pronlj.ssory itoEc drtcd l,'ubrurrry 12, 1973 in Clrc s uul of $293,4f$.00 p,ayable to Ehc pirrty oI clrc sccond paru :i;+;l]i,i;r, io tLc s.riri iriii''r ies o.t tlic r'ilst 1i;rt, il harrtl prrirl Ly tirr: said lirr'ly <rI thc dccorid part, tlis /:eruii)t witcrai,i i; hclcly coultlsc.l r.u.l lcl rorvluilgrtl, |ir, vc gi'uril.()d, bi, r'11.,.it tr:d, sr.rl.'I urrd couveycd, ...iJ Ly lt!$c prcscrrls dq glirut, Lar:;;airr, icl.l, ct.,r.tv,:y alri l;otr,filrrr. r.rrLo [Ld uiid purt y of icscrlw relvrrq l, q. !,hcils i.ri.l .it;oigrrs iotcvcr', all tl,e J't.,llirrvirig dc,i:i'il-ru.l l,rt or pi.rccl oi i.aii, sii.ui.iu, lyilg aud Lulrrg iir Lhe St:rte oi CoIoIaCo, to-wit : Co uuty <.,i Ii, g.L c Sce lixhibic A :itt.aclrcd hcrero irr'r(i incort)orat-cd hercirr by rcf ercrrcc , resei:v-ing unto !il€ pi.!t:!ics of f lrc f ir:sL part, .tnd Ell.ri.r r:e sl.rccLivc !reirs, successor-s and assiijus, a perlrar)cnc cirscfllcrlt uridcr tlrc prol)rrrty dcscribcd in said [xtiibic A for Lhe glurposu of usinl';, ('onu(]ct.ing l-o, l,ninIa i.uiug, re1,a'iring alld oEhcrr{isc opdraEing sc\^,/cr;r!,irLer alld !]Js liDes, aitd elccUric.rl cablr:, TV ctrble and telcphoDe wire conduj.!s sir.u;lLcd on und uutlur: said f,r-of e rty; and A pC fl:lA,i i]r-l,l- CaScniCIIC f.lf atcC,:uS alrd rlljt:uSS otl thC f o,;ttlway COri!iLruc[:ud alnd sii.raLcd a.Lollij Ehe no r tli ui]:; t-c rJ y L:urrj.-rry ol: Litr) Piol]urLy drr.icr.rbL:d in [r:h-Lbic .1', trltLclt cxiuCi.ng rou,,i ruris irr .r :;orrL!ir.::r1;trrly (l ir'ecLir')tr f t'(rrrr l.j..irrr I ltjrl,'c Luutr, 'l'o3,rihel: ry.ilh r.,il autl singular tllc lidrc{l i tarri r r.:ri ls urrrl rrpl) tu'tclti.rcrjs IhcLcutrto Lrr:lur,girr;3, or id. illlywisd it i,pcrl.:iiiing, lnd thc rcvclsiorl i.ld i'cvcrsious, r0lr'liril(1(!f iur,l rentuittiltls, I'dr,tri, l;"su('s lil(i i:'rufits iiicic- ui; iriii all tl.c csittc, riglrt, titl!,, i;,itclest, clilirl irrrd dr:rur.nd \rlliitsocvcr, ol' lLo,,..iJ lnltir:s oI ilrc iir',,i i.i..r.'i, tit.llcl il llrv ol crluity, o.ii, irr ririil to tlrs oLovs LatSlirrctl pL,:itiis,rs, lviLh li,c hc;'.id,i lllr.srll,s u,.r.i rppurcau.:rccs; tl'o lJl,vc rrrril To llirltl tlrc suitl prtrriiscs r.b'rvrr lri.r'giriricrl i.uil tlcscfilrcd, rvilli i.l.u iii:,pu;i,diri:irc!,ri, ur.Lo L-iotrrs li' ir'lg": VenIure 5, u jo iilL vgrl Iur(.j tlrr.r s;rid pult Y ol- tlrc sc,:on!l lurt, liuii; a:ri i.rsigos lorcvct. il;u r,i,: siriJ lJyron D. llrorvrr arril Lou js .lr. Livil:ilJton purt ie s oi tLo iir.si llarl, for Lltctrt $clve s , l-lr,. ir irc;r'H, c:irjcuLor'5 lr.ti adulirrLlirirtot'd, (]() rc\jolid i)Lrt, ii:s i,nsscssiorr of' S.riJ pur:! Y r1(.rY{:l ll|r r l,, !ir'ii]l[, L;||'ii i/t trurl it;;reu t..r r|,rt.l rviil, I.lru liiiJ lr,rr'1,] oI t]ru lrcir:rt trrrd il$siiin..;, tlte lLuvg bargi.itrcd lrt(ilriiscij itl ll,c rluir:l utttl Jret.rtcillc uYcry poa-rtn cr pofsoDs Lnvfully .:lairnilg ur to cllilr tlic rvlrolc or l)l)' l,tir't l)ru'eoi', Ly, tlrr'ough u:c uiralcr li,c;ii.iil pi:it.ic$ of thu l:i.rt p;u.t lci W.,\.lll,lAnv']. -A.N t) t'Oril,lVl,jli l)jif,'J,lND, JN WTTNjISS \yl1liilli.:O],', tlic sr,iil p.u't ic$ oli tlii,r li*;t, 1rr.r:t }iirvu Lclsurilo so! [lrcir ):i.^id s .i[.] $sitl s tLc dtiy ri.r:.J yciir lirst i.Liovc writtcrr, Signcd, Srel,:J snd Dclivele d i rr tlic f,ruscucr: o_f ' Courrl,y 0f UaU l.u i.trd thc lilsu l)irr'|, urJ, Ll0N'S Rl DCli VtiN'LUl(l':S, t;I llro ' rtlltl st.atc r,,I culoftrtlo, oI tire ST.\Tlt Or cof.,olidDo, f,i:B i '/r'/'/t ". ,1,,/,:.1.;,.,1 -i v.-''e-.[--./,.| '',i-;- .. r,\,;j/./.:.. In jji\ L j i..,... ; /-:..,,. ".-*-;...... I s i::,\ r, ] ur.d oli tlic sr:corrd pi^r'1, ics 1,,;it'rt irrrrJ ri ril.lls, :i13lirrsI t]l urrti, dxy (/t Dcccrnb e r Nuta.r.a I'uLrlc. Aot:nver.eJJ tfltLI, )!i.rtvtt .l ! d'|. o EIIII]?!l-/\10 p-IlE 9!L1-i.41! |ilNrY 91rD9-. IlAl'trD DUCLMITUI( , Lr t v BYRON D. tJ110t'\ri{ l\ND r,otirii:ir;-Lrv1Nc5'r'oi'1', clv\l'il'}'oRsB];:TWIlIIN AND LroN's RlDctr VIINTUR!a-Torut vENtuRtr CRAi\llljiE I A t.ractlof land in Parce1 D of Lio^'s Ri<1ge gubdivision' riling No. z, seclioi-Lz, Townsliip 5 souch' RanEc 81 wcrt of the 6th Principal Meridian, Jiagle-county' Coloraclo, roore particuiarly descri'bcd ;'s fol-Iows: ne.Jinnittg au the southeasb-rly corner of saicl PauccI D; thence N 2 3oll', 17 " W 337 .95 f eet; - r^ ^-..r -,thence 250.67 feet alonq the arc of a cLlrve having a ra<fius of 103I .li-teet ind a lollg cfrorrl bearing s as"zg'02" w zEo.os fect; thence s 7L"2vr39" hl i.1 .sr feet; thence 192-83 fee[ along l-]tc arrc of a curve having a radius of 919'93 feet atlci ar long chord bearing s os;io '22n w Lg2'47 fccEi tlrence S 5go26f 04" W L27 .;6 ii"t'; thence s 30o33'56" E 4i!2'59 feet; thencc ll si;so;isi r saz'34 feet lro the point "i-u"gi""in.-1 , cxlcpi i"t the followinrr cle";cribed Parci:I (wlriclr irr'"Ipt"isly cxclucl-cl fiort Lhc larncl conveYed lir','rebY ) : Tii:r t 1.rori:ivii of siritl Parcc I D L j'on ' s Ri clie i"ii:."itoi-on, IriIi.ng No. 2 dcscr:LJlccl -ars: . -Ileginning at thc Nor'Lheiisb Corrter or salcr Iraiccl D wlrich is ;r Point oI t;rugcnL on Lhe Souuherly f-inc of Lion's Ilj'Jge Loop' ir't""". s 23"i1'1?" ll 33't '95 feec rirc':'ng tn. Notttteasterly line of sa:ld -P;rrcel D i;o the Southeast'Cot"ut i:hcreof which is a poinL on the Nortlierly line ot. Interstatc itiql'rwiy No. 70 night-bf-Way; Lherrce s 52" -so ;Zl "'w l2o. 00 tJe u al-olr(l sairt- l{itllii:-of - wiy-ii""; thence N 37o09'3I" hl 75'00 fcei: lftln." N I0"56'00" Ii 86.28 feeL; .ulie199 . ll g6"3I'30't W 88.97 fe..:u; tlrctir'ie II 67o301 ooi-r^J-fOo.Oo fceL; thence N 22"39'2c)" lV 51.10 fcet to a 1>oinE on ;r l03l "l2 fooE radius curve which is the SouchcrJ-y line of saia Lionr s Iiiclgc LooP; l:itcttccr 176 ' B0 fect along thc arc of said 103I "12 foot raclius curve Lo t'lie lcrt whosc ccntral ;;.Ji; is 9049'06" ancl whose long chord bears N 62"25158" E L76.58 fecu b'o a p"int of tangent and the point of beginning' loniaining A3SSI.3 sguare feet more or less' l' tlr \ $ e \i, \) ;,\ $ \N\ ..\\r\\ \f,\l \\\i, tNr^{)rrl\ N $ *i-'.t '.1 :\ q: i, .\ . I r.n t.Ju- :'' - ,; i,1,i :' t1 ::f l; . . )li h'-...:' aLttl-Flred .for Reoords Ot.e9,r972 ar B:oo A lvT ,CzS/S6S , ,4J/yJnon F )tkc".f hi.n t* I 2 i2 tto",!.,tfi!tt. lxLJidsro.,, fi^1 ll, z "''';fri;r, Ti'l ^ t'trs $"'i7 zi Rtc ++3 LI0N'S RIDGE PR0PERTY described as that rea'lproperty in that part of the North k of Section tZin,,Township 5 South, Range 81 West of the 6thPrincipal Merldian, described as fol'l ows: Beginningat a point on the north line of sajd Section 12, whence a.pin.set for the NE corner of the Nl,l% Ntkof said Section 12 bears N 88o17,49,'E 300.00 feet;thence s 00003'25" l^, 4g5.lg feet; thence 536.25 feetalong the.arc of a curve, having a^radius of 1711.95feet and a long chord bearing S-50u33,41,'t., 534.06feet; thence S 59o32'06" t,| 1250.33 feeti thenceS 37009'3lu E 329.74 feet to a point on the northerlyright-of-way line of Interstate Highway 70; thencealong the northerly ri ght-of-way 1 i ne -of saJ ahighway on the following coursei: S 52o50'Zg" ll191.45 feet; S 4lull'43" t.l 102.00 feet; S 52050,29u t.l1100.00 feet; S 33'J33'04'}l Z3S,Z? feet to a pointon the south line of the N% of-said Sectlon 1Z; thenceleaving said right-of-way s 89o27,25,,l'l 1396.76 feetto the lilest k corner of said Section 12; thenceN 0Iv35'59" E 2685,44 feet to the Nl^l corner of saidSection 12i thence N 880 19,41u E 2755.gZ feet to thenorth k corner of said Section l2; thence N BBo17,49uE 1075.76 feet to the point of beginning, containingL7L..597 acres, nore or less, have-by thiie presents I ai d out, pl atted and subdi vi ded thL same i hto I otsand blocks as shown hereon and designate the sameas Lion's Ridge Subdivision Filing [0. 2 in the Countyof Eagl e I State of Col orado . l._ ' L2o.1: l. )- t;' il eq i.' or'l(t cL,r.u,l,,, .,1t,Ll'lL1 au .1. r' t,;)'i,.,, CONSEN'I' TO AMIND TIIE PROTITCTIVIT COVNNANTS OT' LION ' S RIDGI1 SUBDIVISION, T'ILING NO. 2 ENGI,E COUNTY, COLORADO We the orr/ners of real property in Lion's Ridge Subclivision, Filing No. Two (2), hercby consen!, by signature on Exhiblt A attached hereto, to the amendment to the Prolective Covenants of said Subdivision as set fortlr in Exhibit B attached hereto. This amendmort was Commission on November 20, by the Eagle County P1 anningapproved I 973. .l Comrni s s ion - /,/ae 6lfFrl' Then Jin Viele nentioned his concerns. He agreed with the restof the Board's concerns. He stated that any tine that there isa proposal that affects views or other impacts, the Boardhesitates to act on it. Views are really not protected byordinance. Jim pointed out that the Master plan did call forin-fill in this area, but that the initial proposal that wasbrought in was much more than what the Master plan had calledfor. And Jirn felt that he could support the proposal as it hadbeen changed. Reid asked if location of the durnpster to the east of thebuilding would reguire a variance also. peter said that wouldhave to be studied. Bob Lazier felt that the landscape area inthe niddle of the parking lot would be a better place. Mrs. Lier mentioned that the new childrenrs center would evenadd more traffic. She was concerned about the pedestriantraffic on Hansen Ranch Road with ttre huge center being builtfor the children. Mrs. Lier said, rrEacb of you have concerns,yet each of you are going to support this.lr ilin Viele answeredthat if every proposal were cut and dried, there would be noneed for a Board like this. Peter patten felt addressing thesafety was a good issue and that they are going to put in a newsidewalk connecting the Manor Vail fnn. peter-then-mentioned that this was called for in the Master plan. AJ-though theltaster Plan had not yet been approved, considerable publicreview had been heLd at this point, and there would Le morepublic review before the Master plan was adopted. However, atthis point, it was fairly well agreed as to Lhe generaldirection between the public, th- planning cornrniision, the TownCouncil. Diana Donovan moved for approval of the proposal per staff memowith additional direction to the Design neview Board regardinglandscapinlt on the P2 lot and locating lights on the bike path and possibly on the P2 lot. She based her approval on Findings1 & 2 and the third one was that of a strict and literalinterpretation. Peggy seconded the motion and the vote was 7to 0 in favor of the approval . peter reninded the audiencethat the decision could be appealed within tO days to the Town 3. Council . Peter open Patt explain ce tforas ial develo distr ct and maBlock 2 Lots 1- irroposal and showed site plansc roads. He stated that currently theinto L9 lots Mo withsite whichis zoned primary/secondary and is subdividedallows for a total of 38 dwelling units. Thein the reduction of 14 dwelling units upon adensity reduction from 3.5 units per acie to request resultssite and a total2.2 units per vision for Lionr cant: Commercial Fede -6- acre. Furthernore, the total GRFA allowed currently is 84r905square feet and the proposal is for 58,204 square feet. Fromthe original 38 units allowed, 24 units are being proposed. Peter then reviewed the special deveJ-opment district reviewcriteria. He stated that although the development districtwill have an underlying priurary/secondary residential zone,with onty single fanily residential dwellings al.lowed, thedesignation is proposed in order to allow for slightly variedIot sizes and setbacks. Peter stated that the staff recommended approval with twoconditions. One, that a workable solution be found to theingress/egress points of the project with the adjacent SolarCrest Condo project. And the second one, the designguidelines, including architectural and landscape elements, besubmitted to the staff with the final plat application. The applicant's representative, Peter Jamar, discussed part ofthe plan. He stated he had no problern with the conditions.That the guidelines would be part of the covenance. As to theingress/egress problem, he stated that one criteria was to hidethe Solar Crest as rnuch as possible and landscape heavily between the two driveways. He had no problen of extending theeasement. One adjacent property owner, across the street,Patty Rickman, was very happy with the proposal . Jim asked the Board to comment on the proposal . Pam agreedwith the staff and felt that it was a good plan. She did haveconcern about the property at the cul-de-sac, and she said that she would Iike to see the fronts of the lots in the cu1-de-sacsbe at least 30'wide. Peter said they were at least 4O'. Sid agreed with the staff memo and the two conditions. Diana hadtwo guestions. One, how to make it as safe as possible wherethe two driveways exist, and two, whether or not the utilities were underground. Peter Jamar said the utilities rrere on thenorth side of Lionsridge Loop, but they would be underground. Bryan was in favor of the plan. Peggy felt that Peter Jamar did an outstanding job with thesite plan. She fel-t that the design guidelines were veryimportant. Peggy also felt landscaping between the units needed to be specified as far as numbers and where the treeswould be, also, that as part of the entry landscaping, she feltthere should be landscaping along Lionsridge Loop and nraybe aberm to set the lots in so that the drivers lrere somewhat apartfrom the road. Peter Jamar felt this was a great idea, but hefelt that they could be rnore specific. Peter felt that each homeowner could complete the landscaping on his own property. More discussion followed concerning the ingress/egress next toSolar Crest. Diana felt that Peter Jamar could move now tohelp nake a more workable solution in the future. peter statedthat if he could find a solution, it would be great. But atthe mornent, they are asking for that particular access. -7- 4. After more discussion, Pam moved to approve, and Diana seconded, the proposal for the staff neno with conditions one, two and the third condition, being a rninimum 30' front width of the lots in the cul-de-sacs, and nunber four, she added that more specific plans of landscaping and entry with lights besubnitted. Peggy asked that the Design Review Board have morespecific information regarding the landscape plan. Peter said they would be sure to get a copy of the rninutes to the Design Review Board. The vote was 7 to 0 in favor. est for an exterior alteration in order to remodelto ldinq. Applicant: Charles Rosenquist Betsy Rosolack presented the staff memo. BilI Pierce, representing the applicant, was available for questions. Diana Donovan passed on the following recommendations to the Design Review Board. The roof line should nirror Blu's and sweetBasil's and be compatible. Nunber two, landscaping should beincluded on the north side. And nurnber three, the planter should be coordinated with Blu's. Nurnber four, the roof shoutdnot drain on to the walkway. Parn Hopkins made the motion, seconded by to approve the staff memo.Bill Pierce felt that Mr. Rosenquist would not object to theparking fee. The vote lras 7 to 0.BilI Pierce then stated that having a planter in front of theaddition did not work well with the design for the addition.Jin Viele felt the project was fine without the planter infront of the addition. AII of these concerns would bepresented to the Design Review Board. 5.A rectuest ora varlance l-n er to inc e the tail f e Vail Athletic Club. ir.w. T 87 Vail colorado LTD Partnershi Kristan Pritz presented this nemo and explained the request. The owners are requesting that they be allowed to pay into the Town of Vail- parking fund in lieu of the one space they would need in increasing their retail area. She then ftave a historyof the parking request at the Vail Athletic Club. In view ofthe criteria, the staff recommended approval of the one parking space variance with the condition that the Vail Athletic Ctub owners pay in to the parking fund. Due to the fact that the variance is for one parking space, the new retail space is located cornpletely within the building, theretail is a secondary use and previous parking variances were approved, the staff felt that it was appropriate to approvethis reguest. After discussion fron the Board, Peggy moved and Diana secondedto approve the reguest. And the vote was 5 to 0 with oneabstention of .firn Viele. The meeting was adjourned forinformal work sessions. -8- Alz) Project Application /-u- Yo Proiect Name: Proiect Description: Owner Address and Phone: Architect Address and Phone: 472 - /s/S- Legal Descriptio n, ro, /r, 2rS , "ro"r (:/- Zoning Approved: Design Review Board ,/- -t- t6 Motion by:9 rc*fu^ DISAPPROVAL F Project Application /a- 7-zF' Proiect Name: Proiect Description: Owner Address and Phone: Architect Addr€ss and Phone: LesalDescriptio ^,t^ /r43 ,eto"x 3- ,ruine . S -trt-o,r,l,r/nr€ ['(-{i/l ;:, "t 3--, Zoning Approved: n Review Board o"r. '/') -;' c'- 7r'' DISAPPROVAL t/Q( t rt(d //d1 iln h,l6n ( ,/)'as ?.tti :> iJe /g Adm in istrato Chief Building Off icial I | .ti lh.pnnt.ry'!a'l $ if Project Application Owner Addr€ss and Phone: Architect Address and Phone: 7 : ;zz3?, v,. c f/L{' 3z*==-- ,/ -tLegal Descriptiont yo1 // J-/ -a , Block Z , Filing Zoning Approved: -7/ 4M5 J /,/,,4{fK ',/ s /./.(--- //422" Design Review Board Motion by: Seconded by: APPBOVAL DISAPPROVAL Sum mary: KoaFa LoaK/ dl3-8{/<,{z'/,7d2'#t 7:> t^tzb //,u/j6 . //€f> Z Vr+,e<zaz; 1 sVrte2/orr-Earlo/ f€K ?NrT. istrator Chief Euilding official Date: (i,tr/4e+ Date: t,,i,j l -\.r C ORDINN{CE NO. 23 Series of 1988 AII ORDINANCE APPROVTNG SPECIAL DEVEIJoPUENT DISTRICT NO' 22' ilr lcconpatcE WITH cHAPTER 18.40 oF TI{E vAIIr UUNICIPAL coDE AND SETTING TORTII DETAII.S IN REGARD THERETO \' WHEREAS, Chapter 18.40 of the VaiI Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, Connercial Federal Savings and Loan has subnitted an application for a special Developrnent District approval for Lots 1 through 19, Block 2, Lionsridge subdivision Filing No. 3 to be known as Special Development District No. 22i and WHEREAS, the establistrnent of the requested sDD 22 will ensure unified and coordinated development within the Town of Vail in a nanner suitable for the area in which it is situated; and I{HEREAS, the Planning and Environmental cornmission has recommended approvat of the proposed SDD and najor subdivision prelininary plan; and 9|HEREAS, the Town council considers that it is reasonable' appropriate, and beneficial to the Town and its citizens' inhabitants, and visitors to establish such special Development District No. 22. Now,THEREFoRE,BEIToRDAINEDBYTHETowNcoUNcILoFTHE TOWN OF VAII.,, COIORADO, THAT: Report. The approval procedures prescribed in Chapter 18.4O of the Vail Municipal code have been fulfilled, and the Town council has received the report of the Planning and Environmental Commission recommending approval of the proposed developrnent plan for Special Development District No. 22. Section 2.ecial eLo t District No. 22. t special Development District No. 22 (sDD 22) plan thereforer. are hereby approved for the through 19, Block 2, Lionsridge Subdivision Town of Vail consisting of 10.69 acres. and the developnent development of Lots 1 Firing 3 within the Cornrnission I (' Special Development Districll 22 is established to ensure comprehensive developrnent and. use of an area that will be hannonious with the general character of the Townn of Vail. Ttre deveilprnent is regarded as complementa=y to the Town by the Torrm Council and meets all design standards and criteria as set forth in section 18.40 of the Municipal code. As stated in tbe staff memorandum dated August 8, 1988, there are significant aspects of spdcial Development DLstrict 22 which are difficult to satisfy through the irnposition of the standards of the Prirnary/ Secondary zone district. sDD 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The snaller singte family lots provide the opportunity for a comnon open space for the subdivision as well as to preserve the southerly ridge line of the property. sDD 22 provides an appropriate development plan to preserve the visual quality of the site fron within the subdivision as well as adjacent properties and the community in general . Section 4. DeveloPment Plan A. The developnent plan for SDD 22 is approved and shall constitute the plan for development within the special developnent district. The developnent plan is courprised of those plans subrnitted by conmercial Federal savings and Loan and consists of the following documents, which will be finatized at the major subdivision final plat review: 1. Developurent Plan, Lionsridge Resubdivision of Lots l-19, Vail, Colorado, Peter ilarnar Associates, Inc' and Dennis Anderson Associates' Inc. dated JuIy 8, 1988' 2. A resubdivision of Lots L-L9' Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing 3, Prelininary Plat survey dated July 1988 at a lrr = 50' scale by Eagle Valley Surveying, Inc. Existing topography and utilities, a resubdivision of Lots 1-19, Block 2, and Lionsridge Lane, L,ionsridge Subdivision Filing 3, dated Juty 11, 1988 by Eagle VaIIey Surveylng, Inc. Scale: Irr = 5o' C 3. -2- ctor tlritten application fron Peter Jamar, Associates' Inc" lots 1-19, Block 2, Lionsridge No' 3' Subdivision and Speclal Developnent DistrLct; including a description of the proposal and a special development district; i description of the d,elelopment plan incLuding lot si.zes and maximuur GRFATS for each }ot; and including a brief environrnental inpact report as reguired by section 18.56 of the Vail MuniciPal Code' 5.Designgruidelinesl.nc]r:dingarchitecturalandlandscape elements (to be subnitted at final plat review) ' B.Thedevelopmentplanshalladheretothefollowing: 1.&E3ge:Thetotalacreageofthesiteislo.S9acres or 465,656 sguare feet. 2- Permitted Uses: The perrnitted uses for sDD 22 shall be: a. Single farnily residential dwellings b. open sPace c. Public roads 3. Conditional Uses: a. Public utility and public service uses b. Public buitdings, grounds and facilities c. Public or Private schools d. Public park and recreation facilities e. Dog kennel C 4 4. Accessorv Uses: ' a. Private greenhouses, toolsheds, playhouses, etarages or carPorts, swimrning pools, patios, or recreation facilities customarily incidental to single-fanily uses. b. Home occupations, subject to issuance of a home occupationpermitinaccordancewiththeprovisions of Sections 18.58.130 through 18'58'190' c. other uses custornarily incidental and accessory to pennitted or conditional uses, and necessary for the operation thereof. -3- (' 5. c, Lots Sizes and Maxirnurn 8E4q: SIZE L4,375 L4 1375 LL,76L LLr326 10 r 454 LO r454 LLr326 10,890 LL,326 11,761 10, 89O 13, 068 L5,246 LL,326 I t7L2 7,4O5 9 rL47 10 r 019 9,L48 10, 019 10r 019 9,583 10 r 454 9, 583 r IOT 1 UAXTMUU GRFA 2 r95O 2 r95O 2,94O 2 r83L 2r800 2r800 2,83L 2r8oo 2 r83r 2,94O 2,80O 2,95O 2 t95O 2,83L 2,8OO 2,8OO 2,8OO 2 tSOO 2r8OO 2,8OO 2,800 2,900 2r8OO 2,8OO 68,2O4 3 4 5 6 7 8 9 10 1t_ L2 13 L4 15 t6 L7 18 L9 20 2L 22 23 24 6.Setbacks: Minirnun setbacks for the location of structures in relation to property lines shall be as follows: The ninimum front setback shall be 20', the minimum side setback shalt be 1o' and the minimurn rear setback shall be 15' Denqity: Approval of this development plan shall perroit a total of 24 dwelling units on the entire property' 7. (,C Allowable density on each lot is one dwelling unit' Allowable maximum GRFA:on each lot is as per the schedule in section 5 above. : 8. Buildinq Heiqht: For a flat roof or rnansard roof, the height of the building shall not exceed 30" For a stoping roof, the height of the building shall not exceed 33t. 9. Site Coverase: Not more than 25 percent of the total site area on each lot shalI be covered by buildings' 10. Parkinq: Parking shalL be as required in section 18.52 of the Vail- MuniciPal Code. 11. Desiqn Guidelines: The development of each lot shall be guided by the Design euidelines as approved as part of the final plat review and as incorporated into special Developruent District No. 22. L2. Recreation Arnenities Tax: The recreation anenities tax shall be assessed at the rate for single-fanily residential zone district- section 5. Amendments Amendrnents to SDD 22 shall folloht the procedures contained in Section 18.40.100 of the Vail Municipal Code. Section 6. ExPiration The applicant must begin construction of the special Development District within 3 years from the tirne of its final approval , and continue diligently toward cornpletion of the project. rf the applicant does not begin and diligently !,tork toward the cornpletion of the Special Developrnent District or any stage of the Special Development District within the tine Linits irnposed by the preceding subsection, the PLanning and Environnental Conmission sha11 review the special Development District. They shall recommend to the Town council that either the approval of the special Development District be extended, that the approval of the special Developnent District be revoked, or that the special Development District be arnended. -5- r section 7. Conditions of APProval 1. A workable solution be.found to the ilgress/egress points of thisprojectandtheadjacentsolarcrestCondominium project. 2. 'iledign guidelines, including architeetural and landscaPe, elements be subnitted to the staff with the final plat application. 3. That each lot fronting the cul-de-sac have a rninimurn frontage of 30 ieet on the cul-de-sac' 4. More specific plans for landscaping and entry with lighting must be subrnitted. Section 8. If any part, section, subsectionr 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 ordinancei 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 9. The Town council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of vail and the inhabitants thereof. Section 10. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right wbich has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution conmenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. C -6- ro INTRODUCED, Augus t Co ON FIRST READING THIS --I6.!b- dAY Of, a public hearing shall be held on this ordinance on the 1q!!day of , Ausust , 1988 at 7:30 P'n' in r @ READ AND PASSED , 1988, and the Council Charnbers of tbe Vail Municipal Building' Vail' Colorado. orCered Published in full this 16th daY of Aueust , 1988. READ AND APPROVED ON SECOND READING AND ORDERED onl this 6trr daY of Septernler_, 1988. Kent R. I { iIt I ,3{[tipirr , Town Cler ..*'fi! si;$$sgig;iil*;i L'.F ozo It o. atl-o. I'O FI HTE;3<olsl R l(\ ,t\ I'd o co'fr E Eoo 5 zo E(J =@ R l!o t! tEs R<55P 8bbE Hd ) el6l5gg8 gxl olEi €s Eg $ed6 ) .9 Eo oEFl u*l9ocfdci6<ElolBIEl E*l ER E{Slcl o d I b B.o EEe€ F8;86;tcb4lc.rl E9g io s ".1g? E?olcl n*l :J .'Jl a$ n€85R8eie P .,1 b *geEfl;;gF g $I Esbq;E;EU'b s b :€ogiih:>tP O o ;*ErEEtrHh f e g Ya e bc#ilE .E Elo;PdlE9lii o g I9:otoo5)UE q I ='i.ilF;sEE'€ 5 x IE;q-tX*EY) Q E o F;Uo-UUF;E d b s;EB8E:.otrP R g b =l:baE':gh x S EEY.=>b:X3€ E 3 =EEgEESSEE P P E:cE,QPq.;9 b > D3;€Y:ttlH: e * aFo,.Pg*tuE b 6 --5*9xPEf;6 I ' "g<EXa'X;iEE 5 p 6>5_E--q.X-9;6 ; E allJ cl-€t x! )a= rt ., -EpE80;EbP^ q a E {ffiIffiEgg E : oo 6 EoI o xo a t:rFI d EoE BI t pI ED ;{o7c*)$o^35l',t,*l ffific- SF.ou\oexrtfuB+s VoTt G*O Planning and Environmental Commission Departnent of Cornmunity Development TO: FROM: DATE: su&f: October LO, 1988 A request for a major Resubdivision of Lots Lionsridge filing r.Applicant: Commercial subdivision final plat for a 1- through 19, Block 2, Federal Mortgage Company I. PROPOSAIJ In August of 1988, the Planning and Environmental Conmission, and subsequently the Town Council , approved a reguest from Cornnercial Federal Mortgage Conpany for a special developmentdistrict and preliminary subdivision plan for Lots 1 through19, Lionsridge Subdivision, Filing 3. The plan consists of 24 single fanily lots, six are accessed by the existing Lionsridge Loop and l-8 by a newly created public road withinthe subdivision. The lots sizes, allowable GRFA, buildingheight and other zoning considerations have been outlined inthe ordinance approving the special development district. Theapplicant is subnitting final plat information for Planning and Environmental Conmission review and approval . Technicalinformation has been submitted and reviewed including road plan and profile, water and sewer line and other utilityinstallations. A Declaration of Protective Covenents has beensubnitted and reviewed and will be filed with the approved copyof the final- plat. The Planning and Environmental Comrnission and the Town Council approved the prelininary plan and the special developurentdistrict with conditions. The first condition was: rrdesign guidelines, including architectual and landscape elements, besubnitted to the staff with the final plat applicationr'. Theapplicant has subnitted a general set of design guidelines tothe Town as a portion of the Declaration of ProtectiveCovenents. The applicant, Commercial Federal MortgageCorporation, intends to transfer the entire property to asingle developer. The staff has been in contact with thisdeveloper, his plan for the subdivision is to develop 4 to 5architectual plans for nodel homes through the winter season and begin construction in the spring. Staff feels that thedevelopers' architect should nake a comprehensive presentation to the Design Review Board and receive approval for a morespecific set of design guidelines that relates to the desired model home architectual program. Staff proposes that the finaLplat may be approved and signed by the Planning Commission, butthe plat should not be filed with Eagle County until thespecific design guidelines have been reviewed and approved by the Design Review Board. The applicant, at final plat, is also reguired, through thesubdivision regulations, to submit an irrevocable letter ofcredit, a perfornance completion bond or a cash escrosr toguarantee conpletion of the required subdivision improvements. These irnprovernents include, but are not lirnited to, roadconstruction, installation of sanitary sewer and vrater lines,electrical lines, 9ds lines, telephone and cable television. The applicant has subrnitted detailed cost estimates on ttreseimprovenents, but due to the possibility that the applicant rnaytransfer the entire property to a single developer, has notsubmitted a form of guarantee of inprovements. The staff onceagain recomnends the Planning Commission approval the finalplat, but with the condition that the plat not be filed untilthe applicant has suburitted to the staff acceptable form ofguarantee for the required subdivision inprovements. The other conditions of approval of the preliminary plan readas follows: trEach lot, front and cul de sac have a ninimurn of frontageof 30' on the cul de sac.rl This condition has been rnet by final plat. rrMore specific plans for landscaping and entry withlighting must be submitted.rl Again the staff feels that this should be a part ofthe specific design gruideline review to be completedby the Design Review Board.rr rrA workable solution be found to the ingress/egress in theadjacent Solarcrest Condominiun project. tt The Lionsridge project is proposing to construct and dedicate to the Town a public street. The applicant has maintained the existing platted access easementto the Solarcrest property and has dedicated Tract Con his property as an open space tract that may becontinued to be utilized as access onto theSolarcrest property. rI. STAFF RECOMMENDATTON Staff reconmendatj.on for final plat reguest for theresubdivision of Lots 1 through J.9, Lionsridge Subdivision,Filing 3, is for approval with the following condition: The final plat be held by the Town of Vail and notofficially recorded with Eagle County until the applicantor current owner of the property has submitted to thestaff: L) A letter of credit, performance guarantee bondor cash escrow sufficient to guarantee the conpletion ofthe required subdivision irnprovementst 2) that Design Review Board has reviewed and approved a specific set ofdesign guidelines, landscape plan and entry landscaping and lighting for the subdivision. December 1, 1988 Peter Patten, Director Department of Connunity Developnent Town of Vail 75 S. Frontage Road Vail, C0 81567 Dear Peter, r'[rlo6 In accordance with our meetj.ng this norning, I am requesting permissi.on to begin placement of compacted fill rnaterial upon my property in Lionsridge. Fill material will be placed in the locatlon of Lionts Ridge Lane on the attached site plan and an englneer vi11 be on site daily and provide nrj-tten reports regarding compaction activity. The reasons for my request are: 1) The fill material is available from the Post 0ffice site , which is ln close proxirnity Eo my site. 2) The placenent of the fill on the site now rather than in the Spring or Sumrner will result in reduced dust on the site fronr this activity. 3) The placement of fill will expedite the completion of site improvements and thereby lessen the amount of disruption to the neighborhood. I understand your concern regarding the ability to re-grade and revegetate the site in the event that I cease developnent of the improvemenEs. I will therefore, provide you with a letter of credit for this work within one week from today. The amount of the letter of credit wil-l be based upon an estimate to regrade and revegetate the disturbed area of the site. As we also agree, I will provide you with the following information: 1) By Decernber 15, we will have an agreement wiEh Larry Eskwith as to the manner in which the irnprovements to be constructed upon the site wl1l be guaranteed. Jay Peterson will be worklng with Larry on this matter. 2) By January 15, we w111 have submitted an application to the Design Review Board for revj.ew of our Design Guidelines and Landscape Plans as required as a conditj.on of our plat approval . I appreciate your comoletion of thls Sin Pat Dauphinais PD/gn pronpt consideration of this matter and look forward to the Clwq, lrt"'n:$p. tr'li\ # &r Lol 3 Ftw{ (*et*rrf 'd" : /U J'rilji'*." O S'6;cftP afrf F,ZQarcg tvtue,,l/e. &saZ h), Couz*" /k/6. 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I tt '"',ffi @7" &-vr2 sKrs uNurmrrt.D /ilc, % Jrm qrTtZras s /Z^s ltlor:U r@/wea tu+o (tru, co g/6E7 hPM*rtutl ,t&rtap Dtrtsryt| tr hK &ro7 Gfutlg g[urrtcfToN, Co ft6lrt'/+tt 8/{ou ercffi oF W4/ oo PAa@L o L(dlls4ltut #3 Ltytusza'l efd?aT @lbe'v1 11!/Qwr$ /) 7/7t""u2,'+4/ /'oJ -''t 7 3" 3-E { y'rP /$J*-'n: E ao' e 6rJ ,72/T? rzt"J -/424'/,r7zia /2?O Zi" f/'-L-'*' Taaal S.zn''€-'' r't u'v4'oa''/ J F trr- / J-'?zct?'?1-4'- 4zzz oL'--'d *d*2 14- ry//C4t4 8z/ z ,./2*, E a-c. tsrz"ufi 3 oo' y""7 z) , gt;(r ;*^fuW(., /*i//,#*i0 L,t lnlr-- I'oGe" PETER JAMAR ASSOCIATES, INC. PLANNING. DEVELOPMENT ANALYSIS. RESEARCH Septenber 13, 1988 Rick Pylnan Departnent of Conmunity Developnent Town of Vail 75 S. Frontage RoadVaiI, Colorado 81657 Dear Rick: Attached is the application for Final Plat Approval for Lots1-19, Block 2, Lionsridge Filing 3. I have included copies ofthe the Final Plat drawing as well as copies of the Roadway Plan and Profile, Utility Plan and Covenants. Already on file withyou should be the Title Report, List of Adjacent Property Owners, Topographical- Survey, and Site Analysis. Please let ne know ifyou need additional copies of any of this information. As you'll reca1l we had discussed, as conditions of approval ,lLelncodelines fo s theof these concerns were raised due to the fact thatere nas no developer involved as a part of the application andthe knowledge that Commercial Federal wouldIots either to one single developer or guite nunber of individuals. Since we now have a Dauphinais, who will be constructing all ofsite, it seens to me that the ca Prepar plans for trfor Summer o be transferring thepossibly, to asingle developer, Patthe units upon the Pat has nstruction in the con'luncElon with TFese modelnost logical that should occur by so pre be landscape plans. It seems together and that the reviewlet me know what you think. a ans wo these be reviewedthe DRB. Please Suite 308, Vail Nalional Bank Building 108 South Frontage Road Vlbst . Vail, Colorado 81657 . (303) 476-7154 \ \.Tlck Plzlnan Departnent of Town of -VaiI Septenber 13, Page 2 Connrunity DFvelopnent 1988 nany coples of each iten you need or if you haveLet ne know how any guestLons. Encloeure o APPLICATION FOR MJOR SUEDiVISION REVIEl.l . (more than 4 lots) APPLICANT CommerciaL Federal Mortgage Corp. ADDRESS 600 17th St., Suite 22OOS, Denver, CO 8O2Oz i'' 'nr,- l-825-195 IrnuN e A. NAME OF MA IL ING R NAME OF APPLICANT'S MAILING ADDRESS 108 REpRESENTATIVE pererJamar S. Frontage Rd. I,lest, #308, Vai.1 , C0 pHgNE 476-7154 a NAME OF Ol,lNER'S MAILING PROPERTY S IGNATURE 0WNER (print or type)Couunercial Federal Mortgage Corp. ' pHgNE i-82s-195i ADDRESS 600 ITth SE.Suite 22005, Denver, CO 80202 D.LOCATION OF PROPOSAL LOTS LOTS BLOC KS BLOCKS SUEDIViSION Lions Ridge #3 SUBDIVISiON E. FEE $I OO. OO PAi F CONSULTATION REQUIRED The first step is toin meeting submittal request a meeting with the zoning admjnistrator to assistrequirements and give the proposal a prel iminary review. INCLUDT a list of all adiacent property owners and their maiiing addresses. SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEl^I CRITERIA Submittal requirements, review criteria and the approval process for majorsubdivisions can be found in chapter.l7.l6 of the Subdivision Regulations.