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HomeMy WebLinkAboutELK MEADOWS RESUB OF PART OF PARCEL A LIONS RIDGE FILING 2 PART 1 LEGAL/rLT COPT Law Office of Arthur A. Abplanalp, Jr. L.L.C. Post Office Box 2800 Vail, Colorado 81658-2800 €lk Ae,J" s Telephone: 970.476.0300 970.476.6500 Telecopier: 970.476.4765 E-mail: Art.Abplanalp @earthlink.net 08 June 2009 Mr. George Ruther, Director Town of Vail Depanment oi' Communi [y Dcvcluptticl'i 111 South Frontase Road West Vail CO 8165 7 Re: Elk Meadou,s Special Development District Dear George: This Office represents Buffehr Creek Vail, LLC ("BCV"), and its pnncipal, Mark Kalkus. BCV is the orvner of Lot 1, Lia Zneimer Subdivision. The BCV property lies in a generally rvesterly direction from Elk Meadows Special Development District, most of rvhich is ou'ned by Mr. and Mrs. Bradley Tjossem, and which they apparently have been attempting to develop since approximately 1987. Mr. Kalkus recently has become aware of the possibility that Mr. and Mrs. Tjossem may be considering an application to increase the allowable gross residential floor area for the residences in Elk Meadows and to relocate at least one of the lots rvithin that SDD. Mr. Kalkus has requested that I advise you that he is interested in working with Mr. and Mrs. Tjossem cooperatively if any change to Elk Meadows is proposed. We have communicated that desire to 1\{r. 2nd Mrs. Tjossem. as well as our helief that any such application r.vill be enhanced if there is communication between them and Mr. Kalkus going into the process. As we all knorv, too often applications find their way into the Town of Vail land use regulation process without communication with adjoining property owners. That lack of communication can create discord not only between the parties, but also within and before the Town officials, boards and committees through whom any such application is processed. We hope this problem can be avoided. It has been my observation (and almost cerlainly has been yours) that communication and cooperation between an applicant, potentially affected parties and the Town significantly enhances the possibility that the result of any proceeding is both expedited and more likely to be consistent with the expectations (or at least the tolerances) of all concemed. We would like to r.vork tou,ard that end. Physical Address: Suite 301 Vail 21 Building 472 East Lionshead Circle Vail. Colorado 81657 In the event contact is made with the Town related to any change in the land use regulations governing the Elk Meadows Special Development District, we request that the Town contact Mr. Kalkus through the address found below and that the Town contact this Oflice advising us of the pendency of any such application. Mr. Kalkus and I hope that we may have the opportunity to work cooperatively in association with any such effort. If you have any questions, you may contact me. Thank you for your attention to this matter. xc: Buffehr Creek Vail LLC 2 Peregrine Littleton CO 80127 OF VAIL 17 VA|L ROAD VAIL, COLORADO 81657 970-476-5686 Torvn of VaiI Po Box 100 VaiI CO 81658 Dea.r Si-r or Madam: FirstBank of VaiI agrees to extend the for an additfonal two years. Al- l- terms renain the salrre, except the expiracion to November 3C, 2011, Afl drafts must Nowedber 30, 2011. November 30, 2008 RE: Letter of Credit: No. 859-8169 In the amount of: ${9,500.00 For the accoilnt of: Tiossem, BradleyR&susanL Expiration Date: Novefliber 30, 2011 above mentioned Letter of credit of this Letter of Credit shalf date, which j-s hereby extended be negotiated no later than If you have any questions regarding this matter, please do not hesitate to contact me at 970-4'19-3307. s i nce rel- y, f,Lr.'''--t A \---- Adina D Dean senior Vice P re s i-dent ADD,/ nwp Page I of I Bill Gibson - Elk Meadows, SDD #16 rQt From: To: Date: Subject: Bill Gibson btjossem@slifer.net OU09|2O07 L:27 PM Elk Meadows, SDD #16 Hey Brad, The Town of Vail Department of Community Development has reviewed Section 7 of Ordinance No. 17, Series of 1990, and determined that the prqrisions of Special Development District (SDD) No. 16, Elk Meadows, have not expired. This SDD is still valid and applicable to the subject properties. Sincerely, Bill Bill Gibson, AICP Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 (970) 4t9-2r73 (970) 479-2452fax file://C:\Documents and Settings\Administrator\Local Settings\Temp\GW) 00001.HTM 02/0912007 I-TBA]K OF VAIL 17 Vail Road Vail, CO 81657 (970) 476-s686 "LENOER' P.o. Box 2975 vail, co 81658 TR-EP}IOIIE NO. EXTENSION/ MODIFICATION OF IRREVOCABLE LETTER OF CREDIT 75 South vail, co TELEPHONE '{O. ADDRESS Frontage Road 81557 IDENfIFICATIOT O' 8s98169 CUSTOMEF Bradley R. ,TjoEEeD SuaaD L. TioEEeD EXPIHATION DATE This Letter ol Ctedit has been exlended and shall exPire uPon the earlier oti 1. 'the close of business on l{ovenber 30, 1997 and all drafts and accompanying statements or documents must be oresenled to Lendsr on or betore that time; or 2. the dav that Lender honors a draw under which the full amount of this Leiter ot Gredit is drawn ADDRESS I.ExTENsIoNoFLETTERoFcRED|T.Lenderindicatedabovel''Lender'')he]ebvextendsan|'revocab the accouni ol customer in tavor ol Beneliciary lor tt'" "ut or r"itty-tfriti!f,nti--ind no/ f oO 3.oTHER'A||otherlefmsandconditionso'this|rrevocab|eLettero|creditsha||remainthesameexcepl: Letter of Credit establishsd al the request and tor Dollars ($ Fort Dollars Dated: Noveeber 3O, 1995 LENDER: FiratBank Of Vail EXTLOC (0/94) T-TBA]K OF VAIL 17 VA|L ROAD VA|L. COLORADO 81657 303-476-56a6 November 30, 1993 Town of Vail 75 S. Frontage Rd. vail , c0 81557 Attn: llike Mollica RE: Letter of Credit #859-8169 for the account of Bradley R. and Susan Tjossem daled November 30, 1,990 in the original amount of $50,000.00, s ince rnodified to $49,500.00. Gentlemen : We have agreed to extend the above nentioned letcer of credit for an additional twenty- four months. The terns of the letter of credit shall rernain the same except that the expiration date is hereby extended to Novernber 30, 1995 and ell drafcs must be negotiated no later than November 30, 1995. If you have any questLons regarding this, please do not hesitate to contact me, 'sty, Vice Pres ident TAs/ks T-TBA]K OF VAIL 17 VA|L ROAO VAIL. COLORAOO 81657 303-478-5686 n':n,t DEC 4 1992 November 30, t992 Town of Vail AEtention: Mike Mollica 75 South Frontage Road Vail. Co 81651 RE:Letter of Credit #859-8159 for the account of Bradley R. and Susan Tj ossern dated Novernber 30, 1990 in the original amount of $50,000.00 s ince urodi f ied Gentlemen: We have agreed to extend the above rnencloned leCter of crediC for an additional twelve months. The terns of the letter of credic shall remain the same except that the expiration date is hereby extended to November 30, 1993 and all drafts must be negotiated no later than Novenber 30, 1993. If you have any questions regarding this, please do not hesitate to contact me. Pres idenE MRR/km Executive Vice t-TBAI{( OF V\IL November 30, l9 91 Town of Vail Attention: Mike Mollica 75 South Frontage Road Vai1, CO 8L657 RE: Lecter of Credit *859-8169 for the account of Bradley R. and Susan Tj ossen dated November 30, 1990 in the original anount of $50,000.00. Gentlemen: We hawe agreed to extend the above mentioned letter of credlt for an additional twelve nonths. The terms of the letter of credit shal1 renain the same except thac the letter of eredit amount is hereby reduced to $49,500.00 and expiration date is hereby extended to November 30, L992 and all drafts must be negotiated no later than November 30, 1992. If you have any quescions regarding this, please do not hesitate to contacc me. Execucive Vice President MRR/km ni..'il rr:i 'i 0i3gi 17 VA|L ROAD VAIL, COLORADO 81657 303-476-5686 FILE COPY I lnwn 75 touh lrontEe rcld vr[, colortdo E1657 (3fir) 47$438 (3Cr) 47$'2139 olffce of communtty deuelopment July 10, 1991 Brad and Susie Tiossem P.O. Box 2975 Vail, CO 81658 Re: Elk ileadows Subdlvlslon Dear Brad and Susie: As a follow up to our last telephone conversation, and a letter I addressed to you on April 19, 1991, enclosed is a refund check in the amount of $500. This relund is for your application for a Special Development District amendment, which was submitted to the Community Development Department on June 25, 1990. At your request, we are relunding the application fee and the SDD amendment will be considered withdrawn. lf you should have any questions or comments on the above, please do not hesitate to contact me at 479-2138. Sincerely, h1/. /4"u; Mike Mollica Assistant Director of Planning lab Enclosure o "';i i Fl lt.t "i,." t I F,TBAI( il Ylb'o.ls?* ",u., 7s.south frontage road Edi,il'i51!i,s'u.' PAYFIVE-HUNDRED DoLLARS AND NT] cENTs T./OsSEH, BRAD P. o. Box 2975 VAIL, CO €tI65A ,:"it- - t 07 / t1/?,0674A5 TO tnE ORDER OF n.OE ?Lg 5il.r: lo r to-tEE rr trJr r* *.r+t{.J{.50 O. OO Oll?rF .i o o o FILE C0PY 75 south frontage road Yail. colorado 81657 (303) 47$2138 (303) 479-2139 office ol communily development April 19, '1991 Brad and Susie Tjossem P.O. Box 2975 Vail, CO 81658 Re: Elk Meadows Subdlvlslon Dear Brad and Susie: As you are aware, your submittal for an amendment to the Special Development District for the Elk Meadows Subdivision has been placed on hold by the Community Development Department. Your application for this Special Development District amendment was submitted to our department on June 25, 1990. The application was scheduled before the Planning and Environmental Commission on August 27, 1990, and at that time the Planning and Environmental Commission, at your request, voted to table the amendment proposed for an indefinite period. Since that iime, no action has been taken on this application. Due to the volume of submittals currently before the Planning and Environmental Commission, and because your application is substantially incomplete at this time, we request you withdraw your application and resubmit when your redevelopment plans are complete and finalized. Should you agree to withdraw your request at this time, please submit your request in writing to me, and I will see that your $500 application fee is promptly retunded. lf it is your desire to proceed to the Planning and Environmential Commission with this application, please contact me as soon as possible so we may meet and discuss the deficiencies in the submittal materials. \B:I Brad and Susie lossem April 19, 1991 Page 2 I would also like to brlng to your attention the fact that your two inevocable letters of credit, one in the atnount o1941,25A and the other in he amount of S15,500, both of which are with the First Bank of Vail, are sdreduled to expire on May 1 , 1991 , and May 1 6, 1991 . respect- ively. Due to the short fuse on the expiration on these letters of credit, please contact me as soon ars possible to discuss your plam for the completion of fie subdivision improvemenb. My telephone number at the Community Development Department is 479-2138. I look fonrard to hearing from you. Sincerely, ful& n,h Mike Mollica Senior Planner lab cc: Kristan Pritz Mark Ristow i \b (O Too t rlO NO Nrt tr1N lr)() o = J Ll,<, E, o- u-o F. E, (L I iF t -g = = . < oi Yi:; Ffr N.I oB <3 (Eci F a .o 3' {,/ ,/ r 't' " /a"' ,// ../ . ra/ ri/ /e,/ /r ,/ .'r'/ ,.t ./i -c|! o !o.\t -_ ({_ t'. f, -- _- d-N: r::Ii & CI 7 q c I z { U F; \o3 Jo N: \ F.; \o3 \ J<i -oB \ t: 5r J.i c.{ J. 5 \ ,l 17 VA|L ROAD VAIL, COLORADO 81657 303-476-5686 DATE: AUOI'NT: NIJMBER: EXPIRATION: November 30, 1990 $s0,000 .00 859 - 8169 November 30. 1991 't "r_t l- +L^ courp l iance of Vail on "Bradley R. Tjossem and Susan Tjossem have not completed the construction of the improvements in Elk Meadows subdivision pursuant to the approved p1ans. " This Letter cf CreCit replaces anC voiCs thcse Let.ters cf Credit No. anounts of $15,500.00 and 941,250.00. We hereby agree that drafts drawn under this Letter of Credit and in with the terms, shall be promptly honored if presented to FirstBank or before Novenber 30. 1991. ly, f,TBA]K OF VAIL IRREVOCABLE LETTER OF CREDIT Town of I'ail- P.O. Box 100 Vail , CO 81558 Gentlemen: 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, aE sighc for any stm noc exceeding the roral of FrFTr rHousAND AND 00/100 ($50,000.00) on the account of Bradley R. Tjossern and Susan Tjossem. Each draft musE bear upon its face the clause, rrDrawn Under Letter of Credit No. 859-8169 daced November 30, 1990 of FirsrBank of Vail, Vail , Colorado.,, The amount of each drafc which is negotiated pursuant to this credit, together with the date of negociation, must be endorsed on the reverse side of the Letter of credit. Each draft xnust be accompanied by a statement executed by the Tovn Manager stating the following: MRR/kn Executive Vice Pres ident a (o lliU u' nr ir .-r v tCJl :l -' MiK€ Mol rrCA-.. i\tub\x-c-ta Hr. Ho.{-e-i} cornPrrc rnLbe-" % th& iori S \ no,.-R_ arno\,\nt . auaanr f5xun, I I o ' , ! /.r,, ,, , Mike Mollica Senior Planner Vai I Community Development Dear Mike, We are requesting your approval to reduce our current letter of credit for SDD#16, Elk t'leadows, to $26,524.00 from the current amount. This change reflects a substantially reduced amount. It is due to the advancements in road technology that B&B Excavat'ing knew about and have used successfully for years. B&B's proposal was accepted by Inter-Mountain Eng'ineering's Jeff Spanel and Town of Vail Engineer' Greg Hal1. Phase I of the roadway re-construction and paving has been completed. The new letter of credit will cover Phase II of the roadway and a second fire hydrant for the development. Si ncere ly ,)'er\bc\-r\ J2tc)>Scrn Susan Tjossem () Elk Meadows |hns"fr -#zzozl'^J -rr1 .1500. /;1 l/^*4 f 2b,52-1.o3 : ,r o ,7 ,? t, lf? / /0, tl71 41, zso, /Sr too, 56,750 Q) A*-"t*t t. o,C. fr #so,dz,v.i W B& Colorado B D(CAVATING,C. Drawer 249 c Vatl,81658 . (303) 949-5889. (303) 926-3311. Fax (303) 926-2344 QUOTATION TO. Brad and Susie Tjossern DATE:8-7-90 bx 2975 Vail, C1). 81658 JOB NAI\4E: Elk titeado$/s Subdj-vision ;9g4r,g*, Lions Rj-dge Loop ATTN: For your consideration we offer the folloudng quotation which if accepted shall constitute a contract between us: 1). Excavate E)<istjlg Roaduray platform to a 18" depth, 30 feet wide. 2). Recsnpact excavated area to 95% standard procLor. 3) . Instal-I nrarifi 600X stabilization fabric. 4). Place and reccnpacE, excavated nraterial to 95% standard prrctor. 5). Shape subgrade to proper ]jnes and grades 6). Place and ccrnoact 6 inches class 6 roadbase 7) - place and ccnpact 2 inches grading ''E" asphalt to a 22 foot width. 8) - rnstal I asFha'l t dri ve,ways to lot 4 (390 Sg Ft.) 9) - F]r-tanrd pxi qf ing nrlrrert 1O feel- i f npcpssary- 10) . P]ace 38 feet of L8" cul-vert across roadlay if necessary. Cost of phase I area = S 19853.00 Cost of phase II area =$ 22O24.0O Total- cost r and rr = $ 41877.00 This project will be scheduled upon receipt of accepted contract. Please sign in the space provided and return the original to us. This quotation subject to conditions as shown on rev€rse side hereof. SUBM ACCEPTED: BY:BY: POSITION: Division Manaqer DATE: ldlnter-Mountain 1]\t'"gineering'd. September 1'/, 1C90 Elrad Tjnsgem Box 2975 Vail, CO 81651J tte: Roadway investigation Tract Z, EIk Meadows iiubrlivision Project No- 90198G Dear Brad, I have reviewed tlre proposal from B & B Excavating, Inc-, to eonetruct the roadway in 'l'ract 2 of the Elk Meadows Subdivision. This lel,l,er is written aL your request r a6 a foll-ow-up to our invest,igation perfonned in May 1990. The contractor's proposa] is to over-exeavate a 3O-foot road plabform to a depth of 18 inchee, compact the surface of the grouncl t.o S15% of its standard Proctor densj-ty (ASTM D-698), install a -iayer of Mirafi ErOOX stabiliaat.ion fabric and then replace bhe 16 inches of subgracle in compacted lj-fts- The roadway will be constructed of 2 inches of asphalt on 6 inches of conpacted aggregate base course. This p'ropogal exceeds the minimum recommendat i-ons for an interrnediat.e sol.ution for the construction of the roadway conbaineti irr our report - Our experience has shown that the use of geoLextiles in similar applications has greatly reduced the incidence of localj-zed road failures. Ihe fabric wii-1 aLso help in blidging the unclerlying fil1. However, it will not efiminate the risk of futur.e settlements (refer to our original- report). In closing, I would nrake a coupfe of additional recornnrenclat ions. First, the asphalt thicknesg should be a minimunr of 3 incheg- The Asphalt Institute doee not recomnrend that asp'halt paving be inetalfed aL thichneasea less than 3 inches- (lourpael,ion testing should be dons on alL of the fill material - Box No. 978 . Avon, Colorado 81620 r 94$5072 Denv€r 893.1531 1420 Vance Street . Lakewood, Colorado 80215 r Phone: 232-0158 .:.-1 --.._ of further assistance, please do not hesitate Sincerely, JMti : c"j n cc: Chip Bair, ts & B Bracl 'I j oseern Paee 2 Septenrber 17, 1990 90198G If we can be to ca.Ll SFanel-, dent NOTICE IS HEREBY PUBLIC NOTICE that the Plannlng and o CTVEN o Env ironnental t ComnissLon of the Town of Vail will hold a public hearLng ln accordance vith sectl.on 1g.o6.060 of the munl.cipal code of the Town of VaiI o(r August 27, 1990, at 3:00 p.nJin .*=..--- l,[unicipal Building. Consideration of: the Town of Vail 1.A request to apply an underlying zone dlstrict of(pqlf]of Pt1bl 'w*Acconmodation all of Ipt 4 and l,t 7, Block 1,Vail,zlionshead Third Fillng, a subdivleion recorded I 221 at Page 992 of the Eagle County, Colorado, Clerk an Recorderrs records, part of l.ot c, Uorcus Subdlvlslon, a subdivlslon recorded ln Book 255 at page ZO of the faile Counlyr Colorado, CIerX and Recorderrs records, belng Dore . particularly described as follows: Beglnning at the Southeaat corner of Lot D, Morcus subdivleion, thence N 22'Bg'41" tt a dlatanci-"i'1s9.oi-fcet;thence S 83'25'.15" !{ a dlatance of 68.2g ieet;-thence N 16'17-21" w to the southerlv rteht-oi-r"vtii". of lreet Lionehead circle a dratance oi re5.se-ieeti trr"""" along aald aoutherly rieht-of-sray an "". dl."tanea of ioo.Sl r.rt.iioni-i curvo to the left, eaid curve havlng a central angle of ?9:gf'07", a radiuE of 892,00 feer ind whoee long chord bcara N 57c48'28" 8 a dietance of 199.83 feet to a point of reveree curvature; sald^curve havlng a eentral a'gre ;i-46rr6ii:,:';-radirra of, 239.00 feet and whoEe long chorE u.""" N 6g.38-62.g a dl'etance of 196-11 feet to a pornt 6f reversi curvaturc; thance contlnuing along aaid right-of-way an arc dlatance of 46.n2 ieit,a central angle of 15'18'91.,, a radiue of 2OO.OO fect and whoae rong chord bears N 86'09'26" E a dietance of 46.3? feet to a polnt of, reverea eurvature; thence contLnuing an arc dl.atance of ?1,-32-fcet, a central angle of o?o4?'o2", a i"Jin" of 52s.o0 fcet and whoae long ehord beare N ?s'86'29" E a dlctanca of 7t.2? fcet to a polnt of, reverae curvature; thencc 22:59 fcct alonf the irc'of a curve to the rlght wlth a cantral angle of g6.1?t0r,*,; --- radlua of 15.o0 feet and whoae long cbord bearc s 6s.og;ai.:-E .dlatance of 2O.bL fq"g; thcncc conflnul.ns .torri thc wactt"fv- - rllht-of-wav, ltnc of Ltonahead ptace 83.5? fccf, alone thi-a;c of a curvs to the rtsht wtth a eantral an8lc of 29.00'06',, a radluc of 1?1.00 fcet and whoca long chord bcarc S OSaOO-OO- i a - dlctsncc of 82.74 f99t to a point of rcvc!.cc curvaturc; thcncc contlnulnr_along aald rlght-of-way ll,nc alorrg a curvc rlth an anc dlatance of 71.30 fcet, t ccntnal-anglc oi C7.oatiz.,, i-r"aiua oi 110.00 fcct and rhoae long chord bcaia S-igagl;O9., E a dtetancc :F.?9.99 foct, to tho_nor-honly oorn.D olla.i g, UAll4.longhoad .Thlrd F'trtng; thsncc s 40.00,06,, t{ a dt;tarGa oi ias.aa-ac;t;--thcncc s 02'56'61" E to the couthcagt cornar of gald Lot 4 a dLctanca of 130.?6 fect; thence s cc.za;oo;-w-=;-utngance of 3o.oo !.q!; thcncc I76.1.1'00;.t{ a dictanca of t35.el tiit; ihao",8 e8'24'oo" tJ to ths Southwelrt corne! of cald ,.ot 4 i dlstancc of ?-2.29 fcct to thc polnt of Beglnnlnli, contalninl 1O2,66g sEuarc fcct or 3.5 acrca Dorc or lec!. t ./ /Itul/zl I o4/o'-y'a"*'t- t-^ g/^ /'^''.Y/ 'U FILT CIIPY 33i,i.i"ffi iifr : i:llI,'1"*:ii':1"ili"ilH1"::i:i":'"H c, l{or-us sulatvlston, a subdlvlsion recorded in Book 255, at Page ?O of the Eagle County, Colorado, Clerk and Recorderrg recordg letng nore-partlcularly descrlbed as follows: Bcglnntng at thc southrteaterly corncr of aald !,ot D thence N 1g'1?'21" E I dlct"ncc of 399.60 ieet to the Southcrly rfght-of- way of l{act Llonchcad Clrclc; thence along eaid Southerly rtghgl of-ray an arc dlctanoE of 160.10 along a curva to thE left' aaid curva havtnS a radiua of 392.00 fcet, a celtral an6lel of 81'{2'30" ana whoac chord bbara N 86r,34'47" E a dlatance of 15E.Sg f,eat; thcnce S 16'!?'21' E I dlstancc of 165.59 fcct; thenca N 83'gg'Eg.' E a dletance of 63.29 fcet; thcnca S 22rgA'4L"E a dlatancc of 159.02 feet to the Southsaetcrly oorner of eald lpt D, thence S 66'24'00" ll along Southcrly lot llne-a dlstanca of 216.00 teet; thence S 16o17'00" 8 a dlstancc of, 3-15' fcEt; thencs S ?3'42'g?" W to Southwoeb corner of !a1d Lot D a dlstanee of, 26.69 fbat to tha point of beglnnlng contatnlng 68,861 .19 tguars fcst or 1.58 acrcs lrota or lcag. Both propertl.es know as ?15 t{est Llonshead circle (fbe Marriott Mark Resort).Applicant: il-F CorlPoration 2. A request for a naJor subdiviEion, to approve the preltlrlnary p1in, a request for a variance to tbe naxLnun height-for retaining valls, and a reguest for a varl.ance to-the maxiuum percent grade f,or a road, on a parcel connonly referred to as Spraddle Creek' an lpproxirnate 4o-acre Parcel- located north and east of the Ull.n Vall I-70 lnterihange and east of the Spraddle Creek llvery. Cornmencing at the Northeast Corner of the Southeast Ua oi the Southwest ya of -section 5' Toltnship-S South, -Ringe 8o lfest of the ottr princlpal llerldian, P"flg an Eag1e couity Brass cap properly uarked and setr -rith all bearlngs contained hereiir Letng relative to a bearinE of s oo 1lr oox E betneen the Northeait Corrrer of said Southeast !/4 of the southwest L/4, and the souttreast corner of said southeast L/4 of the Southwest L/4 being an Eagle County Brass cap pioperly marked and seti said Northeast corner of the -sou-tfrea-st V4 ot the Southwest, L/4 being the Point of Utgin"i"g; 'thence S OO 1tr OO B along itre-east llne of sald Soittreasf L/4 of the Southwes1- L/4 of Sectlon 5 a dlstance of 1320.14 feet to the southeast corner the eaid southeast L/4 of the Southwest L/4 of Sectlon 5i thence s 89 47r 48rr W aiong the eouth llne o-f eald Southeast L/4 of the Southwest l/4 6f Sectlon 5 a dietance.of 9O1.OO feeti thence N 73 48!gi" W along Interstate 70 Rlght of Way line-a distance of 2L4.L2 teef; thence N 66 52r 12' tf along said Right of l{ay llne a dl.stance of 241.1o feet to a poLnt on the weBt llne oi satd southeast L/4 of the southwest L/4 of Sectlon 5i ttrence N oo 2or 31n lil along the vest line of sal.d southeast 3. L/4 of the Southvest, L/4 of Sectlon 5 a distance of U61 .65 3ff t"::"t"*:Pg3itr5i'lr.ifn'* i:t"e;:"t{oo3i,ln3.n properly narked and seti thence N 89 4l.r l2rr E along the north Ilne of eaid Southeast L/4 ot the Southwest 1/4 of Sectl-on 5 a dlstance of 1331.07 feet to the Polnt of Beginning. Sal.d real property containLng 39.55 acrea, Dore or less.Appllcant: ceorge Glllett, ilr. A reguest for an exterlor atteratlon on Lot C and Ipt D, and the eouthwesterly 4 feet of lpt B, all ln Block 5-8, Vall Vlllage lst Fl.ling, 227 Brldge street (Covered Brldge Bulldlng).Appllcant: Hillie of snownats, fnc. and Bruce Ann & Assocl.atea. A reguest for a naJor anendment to SDD No. 15, part of parcel A, Lionsrldge Subdivlslon, Flllng z. (The Va1ley Phase III)Appllcant: Brad & Susan TJoesen The appllcations and infotmatlon about the proposals are aval-lable for public inspection ln the Courounity Developnent Departrnent office. Town of Vail Connunity Development Published in the Vail Department Trail on August 10, 1990. July 30, 1990 Kristin Pritz Mi ke Mol'l i ca Town of Vail Community Development Dear Kristin and Mike; 14e have reviewed our options regarding SDD #16, Elk t4eadows Subdivisjon. we had proposed an amendment, reducing the length of the.roadway-within Tract 2 of the recorded plat,'i n exchange for consjderation for 2 access points along Bufferh Creek Road into Lots l and 2 of the subdivision' The access into Lots l and 2 are Steep enough to require extensive and costly road construction and/or bridging between Bufferh Creek Road and the building envelopes. Structural requirements for any building constructed on thes6 lots through bridging may be cost prohibjtive for perspective lots buyers or home builders. Reiognizing the alternative of major road constructjon within Tract 2 for the piivate-roadway accessing existing Lots L,,2,3, and 4, we therefore request the addition of lot, or building envelope #6, to be located at approximately, (see map), the Southeast corner of the proposed Cul de Sac at'tf'e east lnd of Elk ttleadows Subdivision. The redistribution of GRFA will rernain within the gross limit of 16,000 square feet, unless an jndjvidual purchaser or-bujider chooses to add an employee housing unit, not to exceed 400 square feet over and above his underlining GRFA assigned to that indivjdual lot. The underly'i ng redistrubutjon shall be as 2,700 2,500 2,500 2,530 (existing) 3,070 2,700 fol I ows : you. Lot #1 Lot #2 Lot #3 Lot #4 Lot #5 Lot #6 Please call us with any questions. We look forward to hearing from Respectful ly submi tted, frt Srcicl ? Out-sM- Tjossem's , Bird Legs and Susie 741- s?5o x 12oz 1a Mike Mollica Continuation of Letter July 30, 1990 t\V. Meodo\Atg The following steps will be taken after initia'l support from the planning department and Planning and Environmental Commission is gi ven: An engineering report regarding the rockfall hazard mitigation for Building Envelope #6 Final landscape p'lan revised. Survey and Plat redrawn Covenants, Conditions and Restrictions changed as they apply to the number of Building Envelopes and GRFA. ST Srualr.q- 3.(€S\RJm\() ' DtrtrMRTMtrNT @F tr@MMUNITV DtrVtrL@FMENT XXXXXXX sALEs AcTroN FoRM ACcouNT #. TOTAL AMOUNT 01 0000 41330 COM. DEV. APPUCATION FEES 1 0000 41540 ZONING AND ADDRESS MAPS 1 0000 42415 1988 UNIFORII BUILDING CODE 01 0000 42415 1988 UNIFORI.I PLUI,TBING CODE r 0000 42115 1988 UNIFOR}I MECHANICAL CODE 01 0000 42415 1988 UNIFORII FIRE CODE I 0000 42+15 1987 NATIONAL FI trCTNICAL CO 1 0000 42415 oTHER C@( BO 1 0000 41548 01.0000 42+12 XERox coerest/ sruDlEs 1 0000 42371 PENALry FEES / RE_|NSPeCION r 0000 41322 OFF HOURS TNSPECTION FE CONTRACTORS UCENSES fEES t 0000 41330 0l 00oo 41413 .SIGN APPLICATION o a .: 't:ti' I o IHTER-OEPARTI'IENTAL REVI El.| .\ Fl r ,PP.otzCtz ,bfK l4cdow< DATE SUS|.IITTED: (O.25'?A DATE OF PUBLIC HEAFING 1'23.?O CCI'!'4ENTS IIEEoED Byz I.7,70 ERIEF DESCRIPTTON 0F THE PR0PoSAL: Slb /'-Ma -'ofik ----- 'Tt-Ccnents:/^ rr C t ' A({v"vS,S% . ,'/ lJobtarn frvaJ;- s \'"^ Sch,"{3:.r S** Z!+oo - 3,.rcro -':\ T>r, V , , I Revier.red by: Oate__ t t.{ \l REGi!3]:iOX DEPARTT.::NT Da te Revie"red.by:_ Co;--"ents: Ameudnrat *tr Comnents: -\, | | A+ r I Lo+ Z h,,s anh ..t\",>r_ 4, Zb% t .ho,*n,^t ,. C-\*l(' t t r N".+A H* hos t\ 1/o,t of 4o7.. . z) P-rt,. t.r-l., +1 Jr;4 I " e^cow(qf Li^^.'+: * . I ,\;::-F":'; ; fi-Ii-tr,', H3,;; ;"x:"'J;',,,-:l'Ni t-'J1- "',o-tl :+ft(A ?*f,, 1n hout a^(- a-cc/.st por^{ (*h.l h^, ltrr" q"r*,f,t, , *l^a^ lr/s hor:n^t .L, $ ,r*orrr.^r,,,111tt d'\) p"J'^ i"* I -,p'" ''0 ,yubh^^ ', nI l.:,'r^r' $:"fu*H' J i coments: ' a) aL p,T-b t,*GW"r^'^r, zs, L1_)). J/. ,ttr "{4k L-r *o.? *n!rynl;h*^ ' i d,tor^"r^ r.s , / ln/r,_/ ll* rooJ *,7..{^, L.l z N ,7, ,' lto, la,l,_ +L voa)o_,i L L.+ | o^l \ ,0.., o_J$.rng,"yll [r^- is zst l,*-a t)2*c ",{ Apt*..11 { o pp.ottctz ,Ftl( f4eeJawr DATE SU3I'IITTED:b.25 . 70 DATE OF PUBLIC HEARING ?'ZI.?O CCl",i'l'ENTS }IEEDE[) B\z 1.?'70 BRIEF DESCRIPTION OF THE PROPOSAL:tbD fimealnen{ DnRt lc L!nDY< \n ,.' N*0 through the Architect. The Architect will have authority to act on behalf of the owner only to rhe "ii""t p.o"ij"a in the Contract Documents, unless otherwis" lioiif,"O oy wntten,nstrument in 2.2.18. accordance with Subparagraph 2.2.3 The Architect will visit the slre at intervals aoor<_r_priate to the. stage of construction to r"niiri"riru h"i'#r"rr gengrgttf rvirh rhe progrcss and quality of rhe Wor'k ana ro oerermrne.rn general if the Work is proceedine in ac-cordance w.ith the Contract Documenis. H;;;%;: ;.Archirect rvil.l not be required to make "it "rrlluu-Ji'."n-nuous.on_stte inspections t9 ch.e5k the quality or quan-tity of the lVork. On the basis of his on_site observaiions as an architecr, he will keep rhe owner r"ti_"J'.i il.progress of the. Work, and wjll endeavor ,o *u.J ii,.uwner agdrnst delects and defrciencres in Ihe Work of the Contractor. 2.2.4 The Architect will not be responsible for and wjll 1gt luvg conrrol or charge of .onrtrr.tion .*^;;';;i;_oos, lechnrques, sequences or procedures, or for safety fl",.r.ltl"l: and, programs.in connecrion with rhe Work,and ne \4,t no_t be responstble for the Contractor,s failure to carry out the Work in accordance with the C"nir..t Documents. The Archirect will not be ,"rpo"iiUf"-io, o.have conrrol or charge over rhe ,.,i .i "LJirl.I., .i',rr" :1111:,"r, subcontraclors, or any of their agents or em- p.royees, or any other persons performing-any of the Work. 2.2.5 The Architect shall at all times have access to the Work wherever it is in preparation and progress. The Lonrractor shall provide facilities for such accEss so the rlrcn[ect may perlorm his functions under the Conlracr Documents. 2.2.6 Eased on the Architect,s observations and an evalu- l,l"l ."f I he . Con r rrclor.s . Applicat ions fo, eaymeni, the n rcntrect tr,r detcrmine the amounts owinf, lo the Con_tractor and wrll issue Certiticates for payirent in such amounts, as provided in paragraph 9.4. 2.2.7 The Architecl will be the interpreter of the require-ments of the Contract Documenls and the judee of Ihe performance thereunder by both the Owner "?-C"n_tractor. 2.2.8 The Architect will render interpretations necessary for the.proper execution o, progress of the Work, wlrh reasonable promptness and in aciordance with anv iime trmtt agreed upon. Either party to the Contract may make wntten requesl to the Architect for such in terpretjtions. 2.2.9 Claims, disputes and other matters in question be_tween the ContrJctor and the Owner relating to tf," e*e_c_utron or progress of lhe Work or the interpretation of the Contract Documenrs shall be referred initiallv t; ih;Architect for decision which he will render ;n wrltinl within a reasonable time. "..2.10 All interpretations and decisions of the Architect shaI be consistent with the intent of and reasonably in-ferable from the Contract Documents and will be in wriG ing or in the form of drawings. In his capacitv as inter_preter and. judge, he will endeavor to secure faithful oer_lormance by both the Owner and the Contractor. will'not show partiality to either, and will not be liable for the l!l.ytt. ot any interprerarion or decision ,"na"i"J in"g"oo tarlh in such capacity. 2.2.11 The Architect,s decisions in ntatters relating ro artistic effect will be finai if consistent with the rntent of the Contract Documents ?:^r:r, l"!, claim, dispute or other nrrrrer in quesrion r,etween the Contractor and the Orvner referred to tne 1i:-h1,:.! excepr those relaring ro arrrstic efiect as pro_vro€o In subp,trJgrrph 1.2.1 | and excel)t those which have oeen walved by the m.lking or ac(eptJnce of irnal pay_ment,as provided in Subparagraphs ti.g..l and y g.i, {nr De suorect to arbatrJtton upon thc lvritten demand of er-the.r party. However, no demand i"l' u,tiiiotion oj'oiy"ru.tl claim, dispute or other matter may be made uniil- th"earlier of (1) the dare on rvhich rt,o ir.t,ireit-h"s luniur"o a wrirten decision. or (2) the tenth dry ,ir"i rn"'plr-t,.,nave presented Iheir evidence to the Architect oi hu\u been given a reasonable opporruntty to do so, ii the Archirect has not rendered liis rvritren J""iion-'Uu tfr"t date. When such a wrirten decision of the archlieci 's ta res (1) thal the decision is fjnal but subject to opp"of,'onO (2) that any demand for arbitratron "t', .t"i,",'isprr" or'oth€r mauer .covered by such Oeclsion- musi 1;;"""rvirntn rnrrly days.lfter the date on which the fitrtv mak_ing the. demand receives the r,vrirten decision, i"ii ,ru ,o demand arbarration rvithin said rhirly days, p".ioJ i*ii r"_sult in the Archirecr,s decision becom,ns'f ,ni ionJ biiains upon the Owner and rhe Contractoi lf tf,e nilnitecr renders a decision afler arbitrdtron proceea,ngs traue teen aniriated, such decision may be enrered a, Juia"ni" 6rr will. not supersede any arbiiration proceedings rnt"r, ,f,"decrsron is acceptable lo all parlres.oncerned. 2.2.13 The Architect will have aurhoriry to rejecr Work which does not conform to lhe Coniract O'o--"ntr.Whenever,_ in his opinron, hc con:iders ii ";;;;;;'",aovrsJbte tor the implementation of the intent of the Lonrract Documents, he will have authority to require special inspection or testing of the Work in'"..ordjn.e with Subparagraph 7.7.2 w-herher o, not ,r.t, -Wor[ i"tnen tabflcated, installed or completed. However, neither t h-e .Arch itect's authority to .act under tf-rii SrUpr,.gr"pr..r z.z. I r, nor any decrston made by him in good faith either lo exercise or not to exercjse such authority, shall eive rise to any duty or responsibility of the archirect to"ih.Lonlractor, any Subcontractor, any of their agents or employees, or any other person performing oni-oi- ttu Work. 2.2,14 The Architect will review and approve or take other appropriale action upon Contracior,s iuUmltfais such as Shop_ Drawings, product Data ""a S.rpi"r,"O"t onty lor contormance with the design concept of the Work and with the information givJn in the'Contracr Documents. Such action shall be iaken with ,""ron"bL promptness so as lo cause no delay. The Architect,s ao_proval of a sp_ecific item shall not indicate approval-Lf an assembly of which lhe item is a componeni 2.2.15 The Architect will prepare Change Ordcrs in ac_cordance with Article 12, and will have authority to order minor changes in the Work as provided in Subparagraph 12.4.'t. AIA DOCUMINT A2OI AtAc . @ t976 .. 6€NERA|. CONDTTIONS Of THE AM€RICAN INSTITUT€ THT CONTRACI Of ARCHTTECTS, rO_R_ COIISTRUCT|ON . THIRTETNTH ED|T|ON . AUCUST 1976 r735 Nrw y()RK AvENUE. N.rv., wAsHlNcroN. o.L. rrioii 4207-1976 June 25, 1990 Kristin Pritz Mi ke l,ilol I i ca Department of Community Development Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Dear Kristin and I4ike; We are pleased to have finally completed the subdivision process of Elk Meadows. The plat is recorded and we are under'way with our house. l^le sincerely appreciate your assistance, support and patience with us duri ng th i s 'l engthy ordeal ! It is with great trepidation that once again we enter the frigid waters of ordinance and regulations in order to amend the recorded plat of El k lvleadows Subdi vi sion. The current subdivision includes a roadway known as Tract 2 which accessed Lots 1,2,3 and 4 within the subdivision. During the final stages of the approval process, it was determined by the Town of Vail engineer,that in fact the roadway did not meet construction specifications necessary for final approval of the subdivision. At this stage, we were required to l iquidate various investment accounts in order to bond over the improvements required for final approval . The fina'l plat had to be recorded in Eagle County for us to ultimately recieve a building permit. The roadway as it exists, you wi)l recall was il1egal1y constructed. It has been suggested by menbers of the Town Council, as well as by members of the Planning Cormission that we abandon the road, and access the subdivision by way of private driveways, d'i rectly off of Buffehr Creek Road. tlle believe as do most of you in the planning departrnent, that the ambience and natural beauty of the valley is compromised by the existence of the roadway, which according to specifications must be rebuilt and paved to a width of 22 feet plus 2 foot wide shoulders on ejther side, also a 50 foot diameter cul-de-sac must be bu'i lt at the end of the roadway, further disrupting the aesthet'ics. These requirements for access to 4lots within the subdivision are un reasonabl e . Our request is simple. l'Je wjsh to replace approximately 225 feet of exist'i ng Tract 2 paved roadway w'i th open green space, reduce the'length of the existing roadway by almost half, allowing for a private driveway only, accessing Lots 3 and 4. According to Town ordinances, a private driveway may be constructed to a width of only 12 feet, further limiting the impact of major road construction. l,le are request,ing that the planning staff recommend the addition of a road cut allowing access to Lots l and 2 individually or one in common. Buffehr Creek Road is not a through road and traffic is minimal . l,'le wrongly assumed, the roadway within Tract 2, which we in effect "inherjted", would meet construction specification, it did not. If you will recall, shortly after we purchased the Elk l'leadows parcel, we unilaterally decided to remove a major section of the orig'inal subdivjsion roadway in an attempt to improve the integrity of this portion of the Valley P.U.D.. Our intent from the beginn'i ng was to remove as much of the Tract 2 roadway as was practical for the development of thjs parcel. Now that ineffect we have no road, our goal is to further increase open, green space, and amending the plat to reflect this. If reconstruction of the existing roadway is our only a1 ternative, we will request the additjon of two buildjng sites to the subdivision. It is incompatible to construct a major roadway, 26 feet wide and a 50 foot djameter cul-de-sac within the existing Tract 2 roadway, thus diminishing the desireability of the original beauty and aesthetic appeal of the subdivision. The existence, by ordinance of Special Development District # 16 by defjnjtion states: "The purpose of the special development district, is to encourage flexibility and creativity in the development of land, in order to promote jts most appropriate use I to improve the design character and quality of new development within the Town; to facilitate the adequate and economical provisions of streets..., to preserve the ace area For these reasons, we you w or an ir.rt to the p1at. s ubmi tted , 8ra nd Susan Tj ossem Date of oppri.oion ffi', APPLICATION FORM FOR SPECtrAI, DE\IEIO DISTRICT DE|\IELOPI'IEIr{T PLAIiI This procedure is required for any project that the Special Development District Procedure. fhe application will "ot,be acce NrPrrc+NT :$sr Z A. NAI.IE OF ADDRESS NAI.IE OF APPLICAI{T|S ADDRESS I. all information is subnitted. PHONE ?6-Ktf B.REPRESS{TATrvE PHONE c.AUTHORIZATION OF PROPERIY OWNER D.LOCATION OF PROPOSAI ADDRESS LEGAL DESCRIPTION E. FEE $500.00 frupc+ b PArp flO. op3x 1.?. ?O BY F. wrno A List of the n+ of owners of Subjgdt P+ePerty ait\ their nailing (ed rccseP) II. Four (4) coPies of the following irformation: A. Detailed written/Sraphic description of proposal .,C: An environmentil inpact report sh511-.be submitted to the zoning ' administrator in accordance with chapter 18.56 hereof unless waived, by Section 18.56.030, exemPt projects; C. An open space and recreational plan sufficient to meet the d,emands generated by the development without turdue burden on available or ProPosed public facilities; lmJ'14? - 5',7-' o /1"702 vcrr-l, Co PH)NE +1b% L* a-rl property adjacent to the addresses. (ovER) \ Application fofpecial Development Distria DeveloPment Pran Existing contours having contour jntervals of not more than five feet if ttre averag" "iop" of the site is twenty percent or less, or with contour iiteroais of not more than ten feet if the average slope of the site is greater than twenty percent' D. E. F. G. A proposecl site plan, at a acale not emaller than one Lnch eguals iiilv'iEet,-stowing -inl "ppt"xirnate locations and dimensions of aII buitdings and structures, uses therein, and all-prll9iP1+ :i!:,aE""fopr.ttt-f"utrlt.il-in n "i l-tdt"aPed areas, lecreational facili- ii"r, iedestrian plazas alct_wal.l5ways' service entries, driveways, ana oti-street p"ifing and loading areas with proposed contours after grading and site development; a preliminary landscaPe Plan, at.a scale not srnaller than one inch ;qir;i;-iity- t""I, -str'"wii.g existing landscape features to be retained ;; ;a;.Gd,-and showing pioposed landscaPing and lanclscaped site -E.r"fopr"ni features, sulh ls outdoor recreational facilities' Uicycfi paths, tiiifs, pedestrian plazas and walkways' Tater features and other elements; prelisrinary building elevationsr sections, and floor Plans, -at..-.tir" not smaller-than one-eighth equals one-foot' in sufficient detail to determine floor arear gross-residential floor area, interio cii""f"tion, lociiions of uses ritttitt buildings, and the general scale and appearance of the proposed development' III. Time Requirements The__ptanning anil Environmental conuuission neets on the 2nd and 4th U";a;t;;i--6actt roottttt. An aPplication with the necessary accompanying i.-i.iiif -must be sr:bnitted foG weeks prior to the date of the meeting NOTE: It is recorDnended that before a special developnent district application is subnitted, a review and comeni neeting should be set up with the DepartEent of Corurunity Developnent. '4-q a7.ft r o^l |2 ,a \?' Y l, \ru \.,\ SUBDI VIS ION IMPROVEI.IENTS AGREEI'IENT by the THIS AGREEtlEi,lT, made and entered into this /t Oay of June, 1990, and between BRADLEY TJOSSEi.l AND SUSAN TJOSSEl.1, (hereinafter called "subdivider"), and the T0WN 0F VAIL, (hereinafter called the "Town") I.J ITNESS ETH : WHEREAS, The Subd'ivider as a condition of approval of the final plat of Phase Three of the Valley, a portion of Parcel A, Lions R'i dge Subdivision, Filing No. 2, Town of Vail, Eagle County, Colorado (hereinafter called the "Plat"), wishes to enter into a Subdivisjon Improvements Agreement; and WHEREAS, the Subdivider is obligated to provide security or collateral suffjcient in the judgement of the Town to make reasonable provisions for completion of certain public improvement set forth in Exibit A attached hereto and incorporated herein; and WHEREAS, the Subdivider wishes to provide collateral to guarantee performance of thjs agreement, includjng construction of the above- referenced public improvements by means of the following: An irrevocable letter of credit, or cash escrow in the amount of $56,550.00, which shall provide the security for the installation of a fire hydrant within the Subdivisjon al an approximate cost of $4,500.00, building of and compacting a road frorn the eastern edge of Lot 4 to and including the turn around at the east end of Tract 2 at an approximate cost of $41,250.00, and then paving said "Road" at an approximate of 510,800.00 if there is a default ', under this Agreement by the Subdivider. NOl./ THEREF0RE, inconsjderaticn of "uhe following mutual covenants and agreements, the Subdivider and the Town agree as follovts: 1. The Subdivi der hereby agrees, at its sole cost and expenses, to furnish all equipment and material necessary to perform and complete, on or before May 10, L992, or upon the issuance of a Second Building Permit within the Elk Meadows Subdivision, whichever occurs first, in a good workmanlike manner, all public irnprovements as shown jn the final plat documents for the Subdivision in accordance wjth al1 p1 ans and specificatjons for the Subdivision filed'i n the office of the Community Development Department, the Town of Vail, and to do all work incidental thereto according to and imcompliance wjth the following: 4e71g6 E-53O p-9A7 Ae'/A7/9n 11:51 F,G 1 OF 5 JDHNNETTE F.HILLIFIS EAGLE COUNTY trLERK. COLORADO REC e5. Ora DOC a. rao a. All final plat documents submitted prior to or at the time of fjnal plat approval . b. All laws of the United States of America, State of Colorado, or Town of Vail and its respective agenc'ies, affected specjal districts and,/or servjce districts. c. Such other designs, drawings, maps, specifications, sketches, and other matter submitted by the Subidvider to and approved by any of the above-referenced governmental entities. All said work shall be done under the inspection of, and to the satisfaction of the Town Engineer, the Town Building Offic'i al , or other officjal from the Town of Vail, affected special distrjcts or service districts, as the'i r respective interest may appear, and shall not be deemed complete until approved and accepted as completed by the Town of Vail Community Development Department. 2. The estimated cost of said work and improvements is the sum of $56,550.00. s=-,^dqrJ ,A lgo,da,r 7... G.y Haay', /f / To secure and guarantee performance of its obligations as set forth herein, the Subidvider agrees to provide security and collateral as follows: An irrevocable letter of credit from First Bank of Vail in the amount (combined) of $56,550.00 on a form acceptable to the Town Attorney, which shal 1 provide the securi ty for the above work if there is a default under this Agreement by the Subdivider. 3. The Subjdvjder may at any time substitute the collateral originally set forth above for another form of collateral acceptable to the Town to guarantee the faithful completion of those public improvements referred to herein and the performance of the terms of this Agreement. Such acceptance by the Town of alternatjve collateral shall be at the Towns's sole discretion. 4. The Town shall not, nor shall any officer or employee thereof; be liable or responsible for any acc'i dent, loss or damage happening or occurring to the work specified jn th'is Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any officer or employee thereof, be liable for any persons or property 'i njured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the Subdivider. The Subdivjder hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and emp'loyees against any losses, claims, damages, or liabilities to which the Town or any such of its officers, agents, or employees may become subject to, 'i nsofar I A6/A7/9@ t I:51 4e7t"€ B-=3A F,_g67 F'GEOF5 ,' as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any performance by the Subdivider hereunder; and the Subdivider shall reimburse the Town for any and all 'legal or other expenses reasonably incurred !y the Town in connection with investigating or defending any such loss, claim, damage, Iiability or action. This indemnity provision shall be in addition to any other liabi'lity which the Subdivider may have. 5. It is mutua'lly agreed that the Subdivider shall not apply to the Town for release of part or all of the collateral deposited with the Town until all of the improvements are constructed in compliance with all plans and specifications as referenced hereunder. 6. If the Town determines that any of such improvements as contemplated hereunder are not constructed in compliance 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 withho'l d collateral to insure such compliance. If the Town detennines that the Subdivider will not construct any or all of the improvements in accordance with aIl of the specifications as 5et forth lierein, the Town may give the Subdivider written notice and unless such improvements are completed within a reasonable period of time based upon the amount of work necessary to complete the improvements the Town may withdraw and employ from the letter of credit or from the cash escrow such funds as may be necessary to comolete the above descrived improvements. 7. The Subdivider warrants all work and material for a period of one year after acceptance of all work referred to in this Agreement by the Town. 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by a1l parties hereto. 9. This Agreement shall be enforceable against the Subdivider providedn however, that in the event the Subdivider sells or transfers all of the Subdivision, as shown jn the fjnal plat, the obiigations of the Subdivider under this Agreement 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 obligations shall be effective unless the Town gives its pnior approval to such assumpt'ion, fol'lowing an investigation of the financial condition of the purchaser. 10. It is further agreed that the Subdivider shall at all tirps until the acceptance by the Town of the roads offered for ded'ication in the Subdivjsion, give good and adequate warning to the trave'l ing public of each and every dangerous conditjon existing in said roadvlay J n6/A7/9A 11:51 /h 4e7le6 8-530 F-967 F,630F5 and will protect the trave'l ing public from It is understood and agreed that until the completioAof al I the improvements herein agreed to be performed, the ro shal I be under the charge of the Subdivider for the purpos STATE 0F C0L0MD0 )) ss. COUNTY OF EAGLE ) Thg.jforegoi 49 Subdi vi si on Improvements Agreement was acknowledged betqre [re^ thjs /Y day of June, 1990 by Bradley Tjossem and Susan -..-f. .\_: ;' ) IJO'6Sem^r-,,'J ,' . -!:.--:'-1*;-t- :1 :-i .lrfitness my.*hand and official seal . -1,.' '. ]''.$1,.c1rmission expi res on: r{ah Y lJ//,ru*)l.6La.l,wau; Pameta A. Erandme$er' Nobry PtJblic Mv Commission ex9ires Aug 5' 1992 75 S. Frontase Road Vail, CO 81657 pG4UF5 such dangerous condition. 4e7L?6 B-534 P*967 A6/A7/9A 11:51 STATE OF COLORADO COUNTY OF EAGLE )) ss. ) The foregoi ng ,Subdi vi si on before me this l€ day Qf as 76utp /4 *l*iT and /l*a-t Improvements Aqreement was acknowledqed )r'. . , tglo ny Eompt /./irctls ' 4. Bc*ulatrreP as lg+e+arf of the Town of Vai i. l.litness my hand and official seal. cormi ssion expi res on: +E7 le6 E-gg@ p-g6z A6/AZ/9@ tt:S1 tr6soF5 toqn\bl< ( nr ah t-TBAIK OF VAIL 17 VA|L ROAD VAIL, COLORADO 81657 303-476-5686 IRREVOCABLE LETTER OF CREDIT DATE: June 1, 1990 AMOUNT: 941 , 250 .00 NUMBER: No. 1367 EXPIRATION: June 1, 1991 Town of Vail P.0. Box 100 Vial , CO 81658 Gentlemen: 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 8L651 , at sight for any sum not exceeding Ehe total of FORTY ONE THOUSAND TlJo HUNDRED FIFTY AND 00/i100 ($41 ,250.00) on the account of Bradley R' Tj ossern and Susan Tjossem. Each draft must bear upon its face Che clause, "Drawn Under Letter of Credit No. 137B dated June 1, 1990 of FirstBank of Vail, Vail, Colorado. " The amount of each draft which is negotiated pursuant to this credit, togethel $rith the date of negotiation, nust be endorsed on the reverse side of the Lecter of Credit. Each draft rnusE be accompanied by a statement executed by the Town Manager stating the following: "Bradley R. Tjossem and Susan Tjossem have not completed the consEruction of the improvements in Elk Meadows subdivision pursuant to the approved Plans . " We hereby agree thaL drafts drawn under this Letter of Credit and in compliance with the terms, shall be promptly honored if presented to FirstBank of Vail on or before l"1ay 1, 1991. S incerely , 'netw rdrk n. RisEow Executive Vice Pres ident MRR/km t-TBA]K OF VAIL IRREVOCASLE LETTER OF CREDIT 17 VA|L FOAD VA|L. COLOFADO 81657 303-476-5686 DATE: AMOUNT: NUMBER: EXPIRATION: May 16, 1990 $ 15, 500. 00 1367 l4ay 16' 1991 Town of Vail P.O. Box 100 Vail, CO 81658 Gentlemen: hle hereby open our Irrevocable Letter of Credl-t in your favor avallable by your drafts drawn on the FirstBank of Vail' 17 Vall Raod, Vall, C0, 81657, at sight for any sum not exceeding the total of FIFTEEN THOUSAND FM HUNDRED AND 00/100-($15,500.00) on the account of Bradley R. Tjossem and Susan Tjossem. Each draft must bear upon its face the clause, "Dram under Letter of Credit No. 1367 dated May 16, 1990 of FirstBank of Val1, Vall, CO.tr The amount of each draft which is negotlated pursuant to this credit, together erith the date of negotiation, must be endorsed on the reverse side of the Letter of Credit. Each draft must be accompanied by a statement executed by the Tor,m Manager stating the following: rrBradley R. Tjossem and Susan Tjossem have not completed the constructLon of the improvements in Elk Meadows subdivision pursuant to the aPProved Plans.tt We hereby agree that drafts in the amount of this Letter of Credlt and in compliance with the terms' shall be prornptly honored if presented to FirstBank of Vail on or before l'tay 16, 1991. S incere Executive Vi-ce President MRR/hge ? ARROW EXCAVATING Po. Bor tc^{ po*Fnrcos GaN-t- Co Y,r-zt 3rP-4s99 ?a.,cPosar- Foru i F- t \ '>rl.4oa.ds 4cctss Ko4 o €re.<dr4Tto,t> frt-ant aof t/ To €ato oF Rn4O 1 Foot R.L(t-s46/L 6rct orrt'? 'S4i7Js 4 6:ar ToPSot/- €tc4dtrtouJ l'l ii ?/> Sfattc-f.LlLAL FrtL f rrto t9, t (o tS, t ).{ ?o10 I ?Ss" 7Js x Te+c{11 6e1 ?L+cz-lvrt NT Z /7?PorLT /, Qi = ).?oD reDs Q. 6o" F(@S a1orrrP,(CTrQtrr) e{zorT on) Torsor+ s'4tt-s'" /?<5 1J X lO o/o E(PADsrotO = /? 3o7'/s /13o 7/t e (oou rro \/ sr'-v //,{8a * /a LT 4os? oF <olD te'L9ccrtD tP 3I .t 5f 47,o35 COHEN CONSTRUCTIONnc T0 wfr0ffr rt nlay concern,tiay i4, 199C The fcllowinq are estimated costs for Eli,l l'leadows SubCivision lnrprovemeriis agieement for Bi ad ai',d Susan -ilossen,. Thrs is not a formal bjo or prop,osal, but insteaC repi^eeents e5trma:el costs based upon all available jnformation at the tjnre of this wi^1ting, and rn oui^ optnion, accuratelv recresents the c0sts of the llsied items at thts tirrie Depend;nq lpon'ihe tinie ci actual :onstrlct;on, "hese iten-,: nray cosi riiore, or less, than the listed c09ts. 1 Qcra.t h2ce an,1 acnnalt navir,n t ln P,CC.OC frcrn lct .1 east lirre rvre yvY 'r'Y. eastward to tui-naround. ? Flrp hvdr,anf $4,5011 00 conrplete tnstal lation. - 6" /r.b^ n-rr&.. - 1o' aoib*J Rccnertfr ;l lv c,r rhn^, ite,1 | \vrvw!e, v, ' t Jvv,, |, !vvt 6*P-U' irUy irafker Cohen Const. lnc. P.O. BOX &17 / VAIL, CO 81658 / n3-476ffi7 I luwn 75 Boulh trontage road Yail, colorado 81657 (3{r3) 4792138 (303) 47t-2139 CONDTTTONS OF' APPROVAL FOR BRADLY oftice ol community development JITNE 1, 1990 FOR BUTLDTNG PERD'TT NO. 4377, AND SUSAN TJOSSEI'!: be be 1) 2) 3) 4l Future section of roadway shall to turnaround. This needs to shoulders on each side. designed from 22t wide vith Lot 4 east 21 gravel 5) Drainage will need to be designed for 40 CFS around the south side of the roadway. Roadway to Lot 4. frorn Buffehr Creek Road, needs to be 221 wide with 2r gravel shoulders. Widening will need to take place to accommodate this. Before paving the roadway, the fill between Buffehr Creek Road on the east side of Lot 4 wiU need to be certified by a register professional engineer in the State of Colorado that it is at 958 compaction, as specified in the construction regulations of the Townrs subdivision Ordinance. Roadray should be built to obtain as close as possible a right angle to Buffehr Creek Road. A Roadway barrier/quardrail should be placed from the entryway to the west side of Lot 4, on the south side of the access drive. 6) J lrj o E tr Ir.o f-- E, (L i\ lN \\ \',i 'l d \'\t\ \\ \It t\ (c (D r.d (t ,ri Y c) .D z irj =Lrl <t UJ I ;l. t"L i ,.\ './ t \/, -4a I tJ)r/'d /,1 I I I $ ( il \ J /-.--/ 33 ")\ / /\:z \\ \\ I I I I n t, 'I! !l J o t)z c' cl UJ f J '\i a .N lrrt I att - I ---lrt I \ I I t - r's ,rn, ur;;;;.; ;ilr;;;;r' :-,;-;o ';;;;'i" "'-;;;^t; io"'iu";; EACLECOUNTY 551 Broadway Eagle,Colorado 8163. (303)328?3u I9E9\\DRID AI.PINE $KICllA.\rPG\Ft{1ts VNL.EEAVERCREEK .t FACSIJ{ILE UtANS!'lIlTeB fltlnFfff : DATE: !Or EROI!!: DSPT. EgPE os IAX CNTITICAIE aa.tar [II{E: Ftx t DEVELOPMBNT FAI( lELl or colluflentBl 6CEOLER ar.ta.'al 05l25l90 UIKE MOI,LICA TO}IN 08 VAIL COTOII'NIIY VAIL, go 81657 EAGLE COUNTY ETEABIIRER'S X 007 DOCITMENI pages to be transmlttsat alataa.t"'o' llt45 p.t. 479-2L57 1 (303) 328;7207 * (303) 328-7311 . ext. 260 tncludlng thll oover 9a9eo PRIORIT'I| : Y Dellver Imrnediately De].lver wlthln 4 houre - MdreseEe rl.tlll Plclc uP Notify addregEee Addltional lnstruatlons Sendl'nE oparater: s. so$d of Cot$W Cquridortrn Atrrrrol P.O. Eor 860 - P.O. Box tlAE Erglt, Colordo 816$l Brgb, Colondo 8163l Ocrk lrd Rrcordc F.o. Bor 517 Eagh, Colorrd,o tl6St Shilrfi P.O. Bo* 559 ErCr, Colondo 616lll Trarnmr P.O. Box'l?9 ErCr, Colarrdo 816ll - SENT BY:EAALE COUNTY OOVT. c-25-so ; 1 1ir8lLo.o*rouNTY l'|ryER{ COUNTY OF EAGLE OFFICE OF THE THEASUREF 14192151;* 2 CERTIFICATE OF TAXES DUE ORDEBNO.: YENPCNNO,: ISSUED rO: 0RAD P. U. VAIL. TJOFSEFI Box 2975 c0 gl6ts PABCEL NO,r qqqgTgg ASSESEEDTo: ?*J06BEi'1, €USAN L. BOX E?79 VAIL, CO EI6!E AIIOUNTE FEFLEGTED ARE VALID ONLY UNTIL {} 0.6f3at?o PROPERTY DESCHIPTION LION'6 RIDOE FIL, 3 LOCI( - LOT PCL 3 PT OF PCL A AX LIEN SALE AIIOUNT 16 BUB',ECT TO HANOE DUE TO ENDORSEI4ENT OF THE UNRENT TAX FY CERT OF PURCHASE OLDER. AFTER SEPT 1, PER5ONAL PROP. HOEILE HOITS AI4BUNT Ig 9USJECT Tg HAilEE. AFTER FCT. I REAL PROP. TAX I,ItrUNT Ig SUB!'ECT TO CHANGE. PLEASE ONTACT THE TREASURER8 OFFTCE FOR ORRECT AHOUN1 PRIER TO REHTTTINC, OUFFENTTAX 3,7A6.71 TAX DUE: INTEREST: ADVEFTISING: PENALTIEE: MIgG: TAX UEI{ SALEB OR DELI}IOUE}T TAX SPECIAL ASsESSl|EilTg 8TATU8: PAID o. oo o. oo o. oo o. oo o. oo o. oc o. o( o. o( o. o( NOTICE I, TT{E UNDEFSIONED, DO HEBEEYCEHIIFYTt.IAlTHE ENTIR"EAMOUM oF iEei EgirrE rrxig oue uPoN PARCELS oF THE SAME FoB uNPAlo neeL eerrrE FRCTPERTY DEECHIBED HEFETN' AND AtL gALES OF TllE EAME OFFICE, FROM WHICH T}tE SIME MAY STILL EE REOEEMEO WITH rNC AUOUUT NCOUIRED FOR FEDEMPTION, ARE AE NOTED HEFEIN' IN WTTNEEs WHEREOF. I IIAVE I'IEREUNTO 8ET MY }IAND AI{D SEAL Tltls 3gDAYoF p6y AD l€ 90 . . ' TBEAgUFER, EAGI.E COI'.ITY . M^RYE. WAIJ(ER rHts cEFnFtc TE soEs twr INoLUDE Ilt{D OE !!UlE!9:,Et|Eln6 AB 6-CHbED UNDE-i i s:-pAaerr scHupt LE NUMSEB lFruPFoPHn ie.Ga. oC $Fednl mrnoveuerr Dl8rnor ASStgtlftH{Tg, tmglu lBl,rE8, UNT.ESS EPEOIFICALLY MENnOilED, FEE FOH lSSUli.lG Ttll8 OEHTIFIOA1E$ tO. oO av Tila,-r E [Ath.)l J{,J- o IInter-Mountain O rA Ensineerillgltd= ROADWAY INVESTIGATION F'OR TRACT 2, ELK MEADOWS SUBD]V]S]ON TOWN OF VAII EAGLE COUNTY, COLORADO PREPARED FOR COHEN CONSTRUCTION PROJECT NO. 90198 MAY 1990 Box No. 978 . Avon, Colorado 81@ . g*fi72 Denver 893'1531 1420 Vancs Street o Lakewood, Golorado 8(215 . Phonq 232{158 CONCLUSIONS SCOPE SUBSURFACE CONDITIONS DISCUSSION TABLE OF CONTENTS I .)'zr *J Drawing No- Fi.gures No.BORINGS I 1-? CONCLUSIONS 1- The fi]] placed during the road construction does not appear to be well compacted. A11 of the topsoil was not removed prior to placement of t,he fill. 2- From an engineering perspeetive, all of the fill should be removed, the topsoil etripped, and the fill replaced j,n compacted lifts- If these repairs are not made, the owner should anticipate performing extraordinary maintenance to keep the road serwiceable. SCOPE We were contracte? by Cohen Construction to. drill' -'.' exploratory borj.ngs in the existing unpaved roadway and determine the condition of the subgrade- SloPe.etability determination of the boulder retaining wall on the south side of the road is beyond the scope of this report- Three holes were dri]leci on May 10, 1990 with a 6 inch diameter, conti-nuous flight power auger dri11. Samples were taken at selected intervals using a modified Cal j-fornia sampler in general accordance wj-th the Standard Penetration Test (ASTM D 1586). The boring l-ocation plan and boring lagte are inc.luded in the appendix- No l-aboratory mo isture-density testing of the samples was performed due to granular non-cohesive nature of the goils sampled- The blow counts from the Standard Penetration Test are the best indication of the relative density of the granufar soils. If enpiricaf densities are desired, a down hoLe nucl"ear 2 probe can be uaed- In our opinion, the coet for thie ia unjustified beeause the relatively low blow countg do not indicate a dense condlti.on- SUBSURFACE COND]TIONS Based on information provided by the contractor who constructed the road, we understand that, the topsoif was stabilized with coarse rock prior to fill pLaeement- All vegetation was stripped before Pfacement of the rock. This is an acceptable method, but is nornally".only ueed when the depth of ,a topdoil makea remowal urrfeasible.' The following is . U"i.t desqripti.on of the eoi.1 typee encountered in the test boringo- FILL: The fill ext.ended from the surface to depths of 4.5 to 10 feet,. In other areag of the roadway, the thickness of fill appears to varl' from 0 to 15 feet- The fill eonsists of sandy gravel with cobbles and probabfe boulders. Blow counta range between 1O and 50 blows per foot and i-ndicate that the fill is generally ln a medium denge condition- Our understandinB is that the Cascade Village pariring structure was the source of the filL- TOPSOIL: Topsoil litas encountered below fhe fill in borings 2 and 3- The thickness ranged from 2 to 5 feet. CLAYEY SAND: The clayey sand is assumed to be undisturbed- "- The clayey gand wae red and moist to very moist, and is underlying the fill and topsoil- DISCUSSlON The topeoil underlying the fill indicates that the fill was not placed and compacted in compliance with accepted engineering practice- For a high quality granular fill eimilar to what has been placed fo:r the roadway! we would expect blow counts of at least 40 blows per foot for a well conpacted condittQn; In our opinion, thie fill was not adequately compaeted during placement for a high euality road subgrade. Roads are tvpicaffy bofipacted 't:to a ninimum of 95 percent of maximum standard Proctor density ! (ASTM D 698). For a low maintenance road. we reconunend that you remove the existing fill and strip the topsoil down to the red clayey sand- The fill should then be placed and compacted to a minimum of 95 percent of maximum standard Procior densj-ty- The ma-'':1mum l-if'. thickness is dependent on the maximum Particle eise of the fi1] and the type of compaction equipment used. We recorunend a maximum lift thickness of 1 foot and a maximum partiele size of B inches. This assumes that the equj.pment uged is adequate to compact the fuLl thickness of the lift. We recomnend that we be contacted to observe the topsoil removal and fill placement- Densitl' testing of the fill can 3 l-0 provide the owner with a greater degree of asgurance that the contractors compaction procedures are adequate - If the ortner deems that these remedial measures are uneconomical, he should be aware that there is risk of failure in the future- We cannot predict how long it will take the fill to settle to a stable condition- An intermediate eolution, between reworking alL of the fill and doing nothing, is to revrork some of the fi]]. The amount of fil-l- reworked is proportional to the reduction in risk of future settlements. The greater the depth of fill reworked, the Sreater the reduction in riek- We reeommend that a minimum of 3 feet of the g:i.f U. reworked if this option is geLected- We anticipate that 3 feet of eompacted fill may bridge the underlying low density fill. This will not elimi.nate the risk of fufure settlements and is only a "band-aid" solution. and eompaeted as The 3 feet of fill should be plaeed described previously - If possible, we would recommenci you delav paving as long as practieal. Vehieular traffic in coniunction with moisture should accelerate the settlement process - When the road is paved, we recommend that asphaltic concrete be used instead of a Portfand cement paving- The asphalt will be much easier and eeonomical to repair- The paving should be treated as phased construction, with the owner anticipating overfays and repai:rs- 9le anticipate that the fail-ures will consi-st of potholes and eracking. and not 5 large ecale failureg- If you have any questions servi-ce, please contact us. or we can be ofany further Sincerely, INTER-MOUNTAIN ENGINEERING, LTD. h Christopher Bittner Geologist Reviewed By: o o o o o LOT 4 ./ l I I I I I t I I t I I I I I l I SUBDIVISION 1 BoTTNDARY I t \ \ \\ \ \TRACT I \ \ \ LIONTS RIDGE LOOP \ \ N.r.s1 I I TEST LOCATION ROADWAY TRACT 2, ELK MEADOIIS SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO paoracr ro. 90198 OAIrN at 'tcarE 'o.rEl aRnna No.' L ,o BORING NO. t DatE oFrL[EO: UAY l0' 1990 €LEVATIOIT: oE$r|ptrcx o? '.^Tlnlat I 5- o- j tiJ SUMMARY OF TEST BORINGS ROADWAY TRACT 2, ELK MEADOWS SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COI,OBADO ?eoJ€cl f.o.: 90198 ttGURE i.O.: I o "O , B 9 a- BORING NO. OATE OiILIED: MAI 10, 1990 €LEVAIION: "4"s'oEscittltox o; H^Tlllal BROWN SANDY GMVEL WITI1 COBBLES IIFILLII SUMMARY OF TEST BORINGS ROADWAY TRACT 2, ELK I,{EADOWS SUBDIVISION TOI"IN OF VAIL, EAGLE COUNTY, COLORADO mor€cr rro., 90198 FfGUit ?|O.: 2 ,o o I E 0 *o ' 'i'l SORING NO. 3 OATE oFTLLEO: MAY 10' €LEVATIO}t: r990 6$i oESCrr?Trora Ot Ulrlil/.l SUMMARY OF TEST BORINGS ROADIdAY TRACT 2, ELK. UEADOWS SUBDIVISION TowN 0F vArt, EAGLE COUNTY,'COLORADO tnoJEct rO.: 90198 FTGUFE rro.: i ,t M I NUTES VAIL TOWN COUNCIL MEETING MAY 15, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 15, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Tom Steinberg, Mayor Pro-Tem Lynn Fri tzl en Jim Gi bson Merv Lap in Robert LeVine Peggy Osterfoss MEMBERS ABSENT: Kent Rose, Mayor T0WN 0FFICIALS PRESENT: Ron Phi1lips, Town Manager Charles Wick, Assistant Town Manager The first item on the agenda was Cjtizen Participation. No one addressed the Counc i I . Mayor Pro-Tem Tom Steinberg announced that items #5 and #6 on the agenda would be rescheduled to another meeting, as the leases were not ready for review by Council. The next item on the agenda was the second reading of Ordinance #!7, Series of 1990, an ordinance repealing and reenacting Ordinance No.32, Series of 1987, to provide changes to Special Development District No. 16 relating to El k Meadows. Brad Tjossem, representing Elk Meadows, was in attendance for this discussion. Mike Mollica from the Community Development Department presented the ordinance to the Council, stating that the only change to the ordinance from first reading was on Page 5, Item 11, which was highlighted in bold type in the ordinance. Peggy 0sterfoss asked if the ordinance required the employee housing unit to be built in Phase I of the project. Mike Molljca stated that it did not, as it would require the applicant to redesign the home that had already met approvals and this gave the applicant more flexibility. Peg 0sterfoss stated that she would be more comfortable with the ordinance if the employee housing issue was required in Phase I. Tom Steinberg asked what the PEC vote was for the project and Kristan Pritz stated that she believed it was a unanimous vote, but that she was not positive. Merv Lapin asked the applicant if he was committed to the 1og cabin design of the project, stating that there were no other log cabins in the area. The applicant stated that the project had received conceptual DRB approval as presented. After some further discussion, Lynn Fritzlen made a motion to approve Ordinance #17, Series of 1990, on second reading. Jim Gibson seconded the motion. The motion passed un an imous l y. The next jtem on the agenda was the reading of Resolution No. 12, Series of 1990, a resolution authorizing execution of transfer of funds agreement to Central Bank. Steve Thompson presented the resolutjon to the Councjl, stating the main purpose of the resolution was for added security and internal controls, After some discussion, Merv Lapin made a motion to approve Resolution #12, Series of 1990, and Peg Osterfoss seconded the motion. A vote was taken and the resolution passed unan i mousl y. The next item on the agenda was the consjderation of a purchase contract for West Vail property - Lots 1-4, Block H, VaiI das Shone, Filing No. 2. Mayor Pro-Tem Tom Steinberg stated there would be no discussion on this item until the June 5th meeting. He also stated that the lease for the Old Post Office space and the lease for Verbatim Booksellers for Vail Village Inn Space would be discussed at the June 5th meeting as well. Tom Steinberg stated that jf the Councjl was considering selling this space, this would be a good time to |ook into it, with the high bids on the parking structure becoming a concern for the Town. Rob LeVine and Peg 0sterfoss stated their objection to selling and their desire to proceed with the lease. Lynn , Frjtzlen stated that if the Council was considering selling the space, now would be the opportune time, as the market was on the rise. The next item on the agenda was the appointment of two Liquor Authori ty board members. A vote was taken and Mitzi Thomas was appointed on first vote. Three o additional votes were taken to determine the second appointment. As there was not a majority vote for any candidate after three votes, the Counci'l elected to postpone the vote for the second position until Mayor Kent Rose returned at the June 5th meeting. It was decided to advertise again for additiona'l applicants between now and the meeting of June 5th. Merv Lapin made a motion to approve the appojntment of Mitzj Thomas to the Liquor Authority Board for a two-year term expiring in June of 1992. Jim G'ibson seconded the motion. A vote was taken and the motion passed unanjmously. Merv Lapin asked if there was anything new on the lr|ork Session follow-up list. Ron Phillips stated that al'l changes and additions had been made to the list. Tom Steinberg asked if there was anything further on the lr{est Vail annexation or v,as it definitely out. Ron Phi1lips stated that there was nothing that would be happening soon, but that a name had been mentioned to him of someone who might be interested in circulating petitions. Lynn Fritz'l en stated that she had given him the name of Cindy Calljcrate, a new resident of Intermountain, who mjght be interested in helping. There being no further business, the meeting was adjourned at 8:05 p.m. Respectful 1y submi tted, ATTEST; ilt \)nn uu / . 5+a.ud,wulu.t--, Minutes taken by Mary Caster -z- TO: FROI!3 DATE: RE: Planning and Environnental Commission Conmunity Development DePartment uay 14, L990 A request for a final plat for a major subdivision for sDD No. 16, on a portion of Parcel A, Lionrs Ridge Subdivision, Filing No. 2 (The valley - Phase III) Applicant: Brad and Susan Tjossen Final PIat Review The Elk llteadows final plat, as presented by the applicant, substantially conforms to the previously approved Prelirninary Plan. Such Preliminary PIan was unanimously approved by the PEC on April 9, 1990, by a vote of 6-0. Staff Recoromendation Staff believes that the Elk Meadows final plat is in cornpliance with the intent and purPoses of Chapte\ L7.16.1L0 of Lne Townrs subdivision regulations (major subdivision review criteria) and the Townrs zoning code- Th tion is for approval of the final with the rovements Aqreement has been alized and a Attorney. sffiements Agreement will prov-ide the Town with sufficient collateral to guarantee construction and installation of the reguired fire hydrants and access road construction and paving. **- "-/ t-o-'oh+&: I. II. { .,,"*/ / 4?# 4& w?.4t't,z , 'Vo c KFA.A'z,.- , "{. \/.) *vR VoI" ?1-o I PIANNING At{D EWIRONI{ENTAL COUUISSION l.fAY 14, 1990 Present Chuck Crist Diana Donovan Connie Knight Ludwig Kurz Jim Shearer Kathy Warren Dalton l{illians 9taff Kristan Pritz Mike tlollica shetly Uello Betsy RosoLack Penny Perry The Planning and Environnental Conmission neeting was called to order at 3:OO p.n. by Diana Donovan, Chairperson. Tbe site visits took longer than expected, in the interest of time, the Coronission skipped the review of the 1041 request and Itern No. 1 and vent directly to Item No. 2. Iten No. 2: A reSrest for a conditional use pernrit to allow for a Bed and Breakfast at Lot 1l-8, lfatterhorn Villaoe Subdivision.Apnlicant: WiIIiam Clen Betsy Rosolack explained that the appticant was requesting a -conditional use penoit to allow for the operation of a Bed and Breakfast in two bedrooms of their Prinaryr/Secondary zone district. The staff found that all applicable review criteria and findings had been satisfactorily met and the resonmendation was for approval . Daltonrs rnajor concern was the trash enclosure and the use of only 2 trasir cans and Mr. clem responded-that they had used 2 canl for nany years. Dalton then asked if l{r' CIen would be willing to rEUuitd the enclosure, and Dtr. Clem stated that with bears in the area, the du:npster would have to be constructed of concrete block to withstand damage. Discussion then centered around the steep driveway. A motion to approve the request per the Elaff memo \tas made bv connie xniLht and seconded bv Dalton willians- VOTE: 7-OINFAVOR I I The Corqnission then discussed the 1041 application scheduled prior to the Public Hearing and then proceeded with ftem No. 3. ihey would go back to ftern No. 1, approval of minutes at the end of the agenda. Item No. 3: A request for a final plat for a maior subdivision for SDD No. 22, a resubdivision of Lots 1-190' Block 2. Lionsridqe FiLinq No. 3. Apnlicant: Pat Dauphinais, Dauphinais-lfoselev Construction. Kristan Pritz explained that the reguest was to finalize the prelininary plan previously aPproved unanimously on lrtarch 25' 1ggO. The lown Engineer had changed the sidewalk location to the souttr side of the subdivision road to allow for better drainage- The staff reconmendation was for apProval of the final pl-at with conditions as found in the memo. Pat Dauphinais explained that there would no longer be a detention pond as found in the original proposal . As explained during the preliminary plat revielt, they would be addressing drainige as rrcompretrensivel-y and extensivelylr as possible in conjunction with Public works. Diana asked who the adjacent property owners were and Pat responded that the Roost Lodge was to ttre south and Tract B to the east was easements. Pat added that the biggest concern of the Cornroission during tbe last rneeting was street cuts along Lionsridge Loop and he did consolidate the nunber down to 5 at the Town Council review of the project. A motion to approve the Final PIat for a rnalor subdivision for SDD No. 22 per the staff rnemo and conditions As follows was made bv Kathv Warren and seconded by Chuck Crist. Conditions: 1. The PEC chairberson s.ball siqn the p-Iat when the subdivision hnrovernents 4greement has been finElized and apDroved bv the Toliln encrineer and Tottn Attornev - 2.the Town of Vail with sufficient col-lateral tg VOTE: 7-OINFAVOR + Item No. 4: A request for a final plat for a mafor subdivision Phase flf)Apnlicant: Brad and Susan Tiossern Mike Mollica explained that the survey of the Final Plat showing the as-built road had not been completed as expected. Therefore the staff could not recoumend approval , but rather tabling the item, contrary to the Demo. He felt that the survey would show that the road as-built niqht encroach into the open space tract, and creg Hall from Public tforks had not given his final approval- Brad Tjossem explained that he had an urgent need to begin building and thit the hone would be going before the Design Review Board Wednesday. He understood that the lack of a survey would cornplicate matters, but asked if it was possible to approve the project contingent upon the topographic survey. Mike did not feel comfortable with Bradrs request. lle felt that the final plat should be in place at the tirne of final plat approval . There should not be contingencies. Kristan Pritz said that given the circumstances that the road is already built, she felt that it could be possible to approve the final- ptat wittr the building envelopes remaining the sane as the prelininary plan and that no changes be made with site coverage or GRFA. She felt that the circumstances were very unusual . A nrotion to apProve the final PIat for a rnaior subdivision for sDD tto. 16 with the followino conditions was nade bv Kathy Warren and seconded bv Ludwig Kurz. Conditions: 1. The PEC chairperson not siqn the plat until the Subdivision Improvements Aqreement has been finalized and approved bv the Town Attornev. 2. The Subdivision Inprovements Aoreement provide the Town with sufficient collateral to quarantee construction and installation of the required fire hvdrant and access road construction and Davinq. 3. A Final PIat be subnitted showincr the as-built road tonoqraphy . Any di f ferences /adi ustments , be , cons idered as part of the road tract and not the building envelopes. alreadv existinq. VOTE: 7-OINFAVOR Item No. 5: A request for a site coverage variance for an addition on Lot 31. Block 7, Vail Vi-llaqe lst Filing.Applicant: H. Ross Perot l,[ike tiloltica explained that the applicant was requesting a site coverage variance to allow for the construction of an attached three-car garaqe, and a najor remodel and extrransion of the existing residence. Given ttre current zoning and the steep slopes on the lot (appx. 45t), the site coverage requirernent for the property was lirnited to 158. Staff believed that the lot was encumbered with a physical hardship due to the extreme slopes on the site and that the granting of the variance would not be detrimental to the public health, safety or general rrelfare of properties or persons in the vicinity. The approval of the variance would not be a grant of special privilege. The staff reconmendation vas for approval . Kristan stated that it was her belief that the walkway on the west side of the site was to be removed and the area landscaped. Jin Morter explained additional changes that were made since the application hld been submitted. He had enclosed the stairs on the east side of the garage in the interest of security. ?he difference took the site coverage fron 218 Lo 22.L2. There rras general concern of the visual irnpact of the present home, specifically the railings and lights on the walkway and Jin Morter iesponded that he could reconfigure the walk to include 3 steps and a landing, 3 steps and a landing. This would elirninate the need for railings. Steve Zorichak, an adjacent Property owner expressed his approval of the project to the board by stating that he felt it was a trvery constructive improvenent. rl Ludwig stated that the elirnination of the stairs east of the garage rnade the appearance less intrusive. He l-iked the ctrange. chuck crist wanted to be sure that the applicant intended to landscape the existing parkinlt area north of Beaver Dam Road. 'and also wanted to know how big ttre pull-off for the mailboxes would be. Jim answered that the pu1l-off would be as small as allowed. the applicant would Iike to keep the asphalt down and landscaping up. Jin Shearer liked the new proposal better- Connie ltnight asked vhat pereentage the addition reguest represented and Mike ansvered 1.1t. Connie also wished to know if-the additional 250 GRFA request was related and llike explained that it did not relate to this request. j Dlana explained that she could support the proJect because the hone rvas already existing. The Connission had always supported parking in a structure and off the road. She liked the solution. Diana did want any approval to be contingent upon the staff verifylng GRFA figrures. A notion to arcgrove a sl.te coveraoe variance for Lot 3L alock 7. vall Villaoe lst Filino rlith the following condltions was made bv Kathv Warren and eeconded bllJirn shearer. CondijLions: 1. GRFA and site coveraqe be verified bv staff. 2. Existinq Concrete Sidegalk be renove{. 3. Wallcwav to buildincr be Eeviewed by-the Desicrn RevieJt Board. 4. Pull-off for nail boxes be kept to a mininun with the aoplicant-working closeu'with staff on the issue. 5. Remove or berm tbe fill area bv the nail boxes--to be reviewed by the Desicrn Review Board. VOTE: 7-OINFAVOR ften No. 6: A recruest to apt)ly Hiqh Deng-ity Dtulti-Fq&ilv zoning to the litarriolt Mark Resort and, for a major amendment to Special Developnent District No. 7 lMarriott l{ark) in order to alld-56 tirneshaTe units ar!!l 8 emPlovee housinq units at 714 West Lionshead Circle, I,ots 4r-7, c. and D. Block 1. Vail- Llonshead 3rd Filinq.Aoplicant: Marriott CorPoration. Kristan Pritz explained that ttre applicant had requested to table the iten. A rnotion to table the Uarriott oroiect until June 11, 1990 was rnade bv Kathv-Warren and seconded bv Jim Shearer- VOTE: 7-OINFAVOR 5 I Item No. 1: Approval of ninutes from April 9. 1990 and April 23. L99o meetinqs. A notion to approve the ninutes fron the April 9. 1990 meeting as written was made bv Katlrv Warren and seconded by Jim Shearer. VOTE3 7-OINFAVOR Jirn Shearer. VoTEs 7-ofNFAVoR Item No. 7: Discussion and aopointment of PEC members to the Zoning Code Revision Task Force. Kristan Pritz explained that the PEc will be the task force for the Zoning code revision project. She asked for volunteers to be a working group. Kathy warren, Diana Donovan, DaLton Willians and Jin Shearer VoLunteered, Item No. 8: ApE>intment of a PEC member to act as a DRB alternate. Jin Shearer volunteered to act as alternate to the DRB. Iten No. 9: Rerninder of Discussion with Council on Fireplace Ordinance Amendrnent, Tuesdav Worl< session' May r.4th. Kristan explained that many architects and builders had been asking for exceptions to the current ordinance regulatj.ons and that ataff felt the need to review tlre ordinance for possible changes. ften No. 10: Review and discussion of potential open space ourcl.ases in the West Vaif area. Site visits to potential areas for open space were nade earlier in the day. General discussion of tbese areas followed. The PEC was supportive of the West VaiI parcel Purctrase. Some members also reconnended that the IIUD Wirtb property to tbe east of Vail Das Schone Shopping Center be considered for purchase. The neeting nas adjourned at aPproxirnately 5:Oo p.m. DECLARMION OF PROTEqTIVE COVENANTS roR EI'K UEADOWS SUBDIVISION BRADTaY R. TJossEIrt and susAN L. T,tossEl.l (iDeclarant"), la the record and beneficial owner of all of the real property within that certain subdivision denominated EIt< lleadows Subdivision located in Eagle county, colorado' the final plat of which was recorded in Book - at Page of the records in the Office of the Clerk and Recorder of Eagle County, Colorado. Declarant does hereby nake, publish and declare that the following tems, covenants, conditionsr easenentsr restrictiong, uses, resenratlons, limitations and obligationE shaLl be deerned to run with the 1and, shall be a burden and a benefit to Declarant, its successors and assigns, the Town of Vailr as to certain restrictions, and any person or entity acquiring or orning an interest in the real property described above and all other real property rhich is or beconeE subJect to this Declaration and inprovements built thereon, tbeir grantees, successors, heirs, personal representatives, devisees or aesigns. 1. DEFfNITIONS: As used hereln, the following sords and tems ehall have the following neanings: SUBDIVTSION BUILDING E$VEIOPE TRACT SINGLE T'NIT RESIDENTIAL BUILDING E}IVEIPPE DESIGN REVIEW C\9tll.ffgfEE Elk lleadovs Subdlvislon. A lot within Etk Ueadons subdivision. A tract within Elk l{eadors Subdivieion. GROSS RESIDENUAL Is a tern aE defined in Section 18.04.130 FIIOR AREA of the Zoning Resolution (the nZoning ("G.R.F.A") (Resolutionr) of the Town of Vail , Eagle County, Colorado. be constmcted. oPEN sPAcE IRACT Tract 1, rhich ehall renain in its natural and undisturbed state or be A Building Envelope which can be used soIely for residential purpoaes and upon which not nore than one building containinq not nore than one single fanily dwelling unit (as defined ln section 18.04.o8o of the municipal code), and containing not uore than trro enclosed garages or one z-car garage, lay landscaped in a DanDer approved by the Desigrn Review Connittee, as hereinafter defined; provLded, however, that an open sPace Tract nay have constructed and naintained thereon utilltles and draLnage facilitles ln areag as so designated on the final plat of the Subdivision. A group of three pereons who shall be responsible for the adninistration and enforcenent of these Protective Covenants and other Design cuidelines, if any. such persons shall be appointed by Declarant. The Design Revj.ew Conmi.ttee {sornetines referred to herein as the nconnitteen) shall, anong other thLngs, revies and oversee the devel.opnent of the Building Envelopes and Tracts with regrard to slte design, archltecture and landscaping. Any actl.on' decision or approval to be given by the Connittee strall reguire a naJority vote of its nenbers. Should Declarant, at any tine DESIGN GUIDELTNES ROAD TRAST OWNER ASSOCIATION coul'loN EXPENSES DECIAR,ATION within 3o days after recelving wrLtten notice of a vacancy in the Conmittee having occurred for any reason whatsoever, fail to appoint a new nenber to the Conmittee to fiII a vacancy, the owners by a naJority vote shall designate such new nernber to the connitteer with an owner having one vote for each Building Envelope owned. Guidell-nes for the developnent of the Building Envelopes and Tracts ehall be adopted by the Conmittee, vhich shall, among other things, interpret and/or inplenent the provisions of theee Protective covenants. Guidelines may be amended from tl.ne to tine nith the najority vote of approval fron ttre Conmittee and approval of the Town of Vall Design Review Board. The guidelines wil.l be available fron the chairperson of the conmittee and Town of VaiI Connunity Development Department. Tract 2, which can be used solely (i) to provJ.de a private road and right of way for private use as ingress and egress fron each of the Building Envelopes to Lionrs Ridge Loop, a public road located in Eagle County, colorado, (ii) to provide for vehicular parking in areas as so designated on the final plat of the subdivision, ancl (iii) to provide open space in the 6a!ne Danner as an Open Space Tract on portions not used for a private road and riglht of way or for vetricular parking; provided, however, tlrat the Road Tract may have constructed and naintained thereon utilities and drainaqe facilities in areas as Eio designated on the final plat of the Subdivision. Any individual , corporation, partnership' association, trust or other tegal entity, or conbination of legal entities, which is the record owner of an undivided fee simple interest in one or more of the Building Envelopes. The EIk ueadovs Homeowners AEsociation, a Colorado nonprofit corporation. AII expenses expressly declared to be common expenses by this tleclaration or by the bylaws of ttre Associationi all ottrer expenses of administering, servicing, consewingt uanaging, uaintaining (including, without linitation, Enow removal and landscape maintenance), repairing, improvlng or replacing the open Space Tract' the Road Tract and inprovements located thereoni insurance preniuns for the insurance carried under Paragraph lo hereini and all expenses lawfu11y deternined to be connon expenses by the boaid of directors of the Association. This Instrument and all anendments or supplements thereto hereafter recorded in the records in the office of the Clerk and Recorder of Eagle County, Colorado. The holder of a pronissory note palment of which is secured by a first nortgage or first FIRST LTENOR deed of tmEt encunbering an intereEt ln a Bullding Envelope. f,lfortgaget ehall lnclude i"liiL"fnlTlk rili",+":;':'i!lu"ll'lrust . 2. GENERAL PURPOSES: Theee covenants and reetrictLonE are nade for the purposes of creating and lreeping the subdl.vlslon, Lnsofar as possible, desirable, attractive, beneficial and suitable Ln arclritectural desigm, naterials and appearance,guardlng against fires and unneceasary interference with the natural beauty of the Subdivlsion, and provlding ingress and egreas fron all Bulldlng Envelopes ln the Subdlvlelon to a publlc road, a1l for the uutual benefit and protection of the Oerners. 3. Ilgre.r All Building Envelopes in the SubdlvLsl.on ehall fall rithin the folloring land use definLtionE: DEFINITION Single Unit Residential Building Envelope Open Space lract Road Tract r€T pEscRrPTIOrI Buildlng Envelopes L12,314r516 and 7 [ract 1 Tract 2 4. APPROVAIJ Or CONSTRUCIfON PLAI{S: (a) No building or other structure ehall be constructed, erected, or naLntained on any Bullding Envelope, nor shall any addition thereto or alteration or change therein be nade untll cornplete plans and epeclfications (lncluding, but not llnited to, a color rendering andr/or a rnodel, floor plans, elevations, site and grading plans, provLsi.ons for off street parking and locations of driveway access, landscaping plan, the specification of principal exterior naterials, color schenes and ttre locatlon and the method of utlllzation of all utillties) have been subnitted to the ConrnLttee and by it approved in writing. In addition, each ouner that builds a structure on a designated Building Envelope shall conply with the deslgn gruidelines and rockfall uitigation requirenents as outlined in the EnvLronmental Inpact Report by ifauar Associates dated JuLy 22, L987, and revieions of existlng reports uade as of ltarch 12, 1990. Coplee of the guidelinee and nitigation requLrernentE ehall be available to prospective purchasers fron the Town of Vail Connunity Development Departnent and from the Conrmittee. Each osner uay chooee to have another quallfled eng tneer /geologist deslgn approprlate rockfal I nltigatlon leasures, as long ae the nitigation solution doer not have negative visual inpacts and is approved by the Town of Vall Connunity Development Departnent and the Town of Vail Engineer. (b) onnere are €ncouraged to consult rith the Connittee prior to and during the preparation of such plans and specificatione in order to avoid vithholdlng or delay in approval . (c) If upon the expiration of 30 days fron the date of the subnittal of plans and specifications to the Conmittee by an O$ner, the Connittee has taken no actlon, the plane and epecificatlons sill be coneidered approved by the connittee and the Owner may comneDce construction only after obtalnlng ttre applicabJ.e qovernnental zonLng and buildlng peraits. (d) The Co rLttee shall be authorized to levy a reaaonable charge, not exceeding fifteen cents for each square foot of c.R.f.A., for the review of plane and specificatl.one, rrhich charge shall be paid in advance. The proceeds of euch charges shall be used for the adniniEtratl.on and enforcenent of these Protectlve Covenants. (e) Upon the approval of plans and specifications, the owner shall be reguired to escrow funds for the cornpletl.on of Iandscaping iterns and naterials that are to be installed by the Owner. Essrowed funds wiLl be returned to the Oryner after Iandscaping has been in place in satisfactory condition for a one year period. (f) In passing all such plans and specifications, the connittee shall take into consideration the Euitability of the proposed building or other strrrcture and ttre naterials of whlch it is to be built to the Building Envelope upon vhich it is to be erected, the hamony thereof with the surroundings and the effect of the building or other structure, as planned, on the outlook fron adjacent or neighboring Building Envelopes. (S) fhe Conmitteers goal Ls to create, fot the entire Subdivision, a conpatible and homogeneous architectural guallty harrnonious with the character of the area. (h) The Connittee shall uEe reasonable Judgrnent in passLng upon all such plans and speciflcations, but the Connlttee shall not be liable to any person for its actions in connection with subnitted plans and specifications, unless it be shown that the Connittee acted with nalice or wrongful intent. (i) The following specific restrictions shall govern construction on and use of any Building Envelope. (i) DENSITY: a building situated on a Single Unit Residential Aullding Envelope strall not contain roore than 3.2OO square feet of G.R.F.A. (ii) SETBACK REOUfREUENTS: lilininun setbacks for the location of structures with relations to BuLlding Envelope perlmeter lines sha1l be as follows; (aa) No structure shall be Located on the Utility Easement as so designated on the final plat of the Subdivision. (bb) No structure shall be located less than two feet from eittrer the east or the west perineter line. (cc) No Structure shall be located less than three feet fron the north perineter line. (dd) NotwithstandinE anything contained hereinabove to the contrary, roof overhangs and decks may encroactr into the setback areas described in subparagraphs 4(i) (ii) (bb) and 4(i) (i1) (cc) herein so long as such roof overhangs and decks are totally within the perineter lines of the Building Envelope. (iii) BUILLDING !{EIGIIT: No structure located within the Subdivision shall exceed at any point on the structure, three stories or 33 feet in height (as defined in Section 18.04.170 of the Zoning Resolution), whichever is less. (iv) PARKING Ar{D ACCESS REoUIREUENTS: (aa) One off street parklng spaqe per dwelling unit shall be provlded on each auilding Envelope with such off Etreet parlcing spaces being required to be provided in enclosed garages. (bb) No off street parking spaces on any Buil-ding Envelope shall be allorred outside of an enclosed garage, except for up to one space located inmediately in front of and contiguous to the doorE of an enclosed garage located on the Building Envelope. (cc) AII driveways and parklng areas Ln the SubdivisLon shall be paved and the naxiuuu permlssible driveway or parking grade ehall be 8.o percent. (dd) AII vehLcular drivevays and vehicular Lngress and egress access to each and every Bullding Envelope ehall be restricted to acceEs rhich cones dlrectly off of the Road Tract except for Ipt 5, which is propoeed to accesa directLy off of Lionrs Ridge Ipop (Buffehr Creek Road) . (v) IAI{DSCAPING: lIhe concern of the Cornnlttee Ehall be to inprove the natural appearance of the subdivision and the uaLntenance of such appearance. Ounera and their representatives or builders vill be reguired to: (aa) t{ininize dleruptlon from grading. (bb) Revegetate and restore ground cover for erosion and appearance reasons. (cc) Use lndigenous species of plant naterials as established by the Conmittee. (dd) Select the uan-nade elenents tbat blend and are cornpatible with the land. (ee) Use existing or natural drainage paths whenever possible. (ff) Coneenre and protect topsoil,, rock formationE and unique landscape features. (gg) Sod such areas as detemined by the Conmittee. The Corunittee shall require cornplete landscaplng plane. As part of such landscaping plans, each ouner shall be required to eubnit conplete plans for the landscaping of aII portions of the open space Tract that are within 1O feet of the perirneter lines of such Onrnerre Building Envelope, and it shall be the obligation of guch Osmer to conplete Euch landscapl.ng of the Open Space Tract. The ownerE s111 be encouraged to nake adeguate provisions for landscaping costs in thelr overall constructlon budget. (vi) WATER AlfD SANITATIO{: Each structure deslgmed for occupancy or use by hunan beings shall connect with vater and sanitation facilities nade available by Upper Eagle valley gtater and Sanitatl.on District or any other sinilar governnental or guasl-governnental entity. No private weLls shall be used aa a Bource of rater for hu[an consunption or irrigation. (vti) ELECTRICAL Ar{D TELEPHONE SERVICE: All electrical and telephone serinice to the Building Envelolres will be placed underground. (viii) EAsEuEfTs: Easements and rights of way are hereby reEeryed as 6hown or described on the final plat for the Subdivision. (ix) slcNs: No signs, billboards, or other advertislng etructure of any kind shal} be erected, o constructed or naintained on any Building Envelope for any purpose whatsoever, except such signs as have been approved by ttte connittee. (x) FENCES: Design and location of fencing shall- be su.bnitted to and approved by the Connittee prior to installation. (xi) IRASH: lto trash, ashes or other refuse shall be thrown or dumped on any land within the Subdivision. There Ehal.I be no burnJ-ng or other disposal of refuse out of doors. Each ottner shall provide suitable receptacles for the temporary storage and collectlon of refuse and all such receptacles shall be placed in enclosures attached to the buildings eo that such receptacles shall be Ecreened from the public view and protected fron dieturbance. (xii) LIVESTOCK: No livestock other than horees of any kind (except dogs, cats and other domesticated pets for household enJolment, not for comnercial purposes and not to exceed two in number may be kept by an owner so long as such pets are not a nuisance to any other ovner) shall be kept, raised or bred in the Subdivision. (xiii) PETS: Household pets, such as dogs and cats, must be contal-ned upon an onrnerrs Buildlng EnveLope. owners nay not construct a fenced run on their Building Envelope. Pets shall not be allowed to renain tied or chained anlmhere in the Subdivision, and any pet so tied or chained nay be renoved by the Association or its agents. Pedestrians accompanied by dogs within the Subdivision muEt have said dogs under their direct control by use of a leash not to exseed ten feet in length. (xiv) TEUPoRARY SfRUCTTRES: No tenporary structure, such as a basement, trailer, nobile horne or tent shall be pernitted in the Subdivision, except as nay be deternined to be necessary during construction and specifically authorized by the Cornnittee in writing and in accordance sith the regulations of the appropriate governnental entities. (xv) TREES: Trees naturally existing upon any Building Envelope or upon any Tract shall not be cut, trinned or removed frou the Building Envelope or Tract without the prior approval of the Connittee. (xvi) TELEVISION AIITENNA: Exterior uounted, exposed television or radio antenna nilL not be penlitted within the Subdivision. such antennae, if installed, uust be concealed fron public view. (xvii) SCREENING: FueI tanks, electric neters, garbage areas, clotheslines, boats, commercial truclcs,trailers, campers, notor homes, ATV and recreational or inoperable vehicles, air conditioning equiprnent, televieion and radio antennae and other related features must be screened or enclosed fron viev from surrounding Building Envelopes and properties. (xviii) SPARK ARRESToRS: spark arrestors are mandatory on all chinneys. (xix) oUTDooR LTGHTTNG: All outdoor lighting cones under the jurisdiction of the Connittee. (xx) REPAIR oF VEHICLES: No work of autonotive repair shaIl be perfotned anlmhere within the Subdivision except within private garages. I (xxi) ACCESSORY SIIRUCIURBS Al{D GREENHOUSES: Accessory structures, if any, shall be of sinilar conEtruction nateriale and quality ae princlpal buildl.ngs. Greentrouses uuet be constructed of per:nanent naterials and nuet be a part of the resldential etructure or garage and nay not be a free etanding building. (:orii) CONTINUITY OF CONSTRUCIION: AII structures connenced in the Subdlvleion shall be proeecuted diligently to conpletl.on and shall be conpleted wLthLn the trelve nonths of counencenent unless exception is granted in writlng by the coilnittee. (xxiii) Ug"IgANgE: No noxlous or offeneive activlty shall be carried on sithin the subdivielon, nor shall anything be done or pernitted rhich ehall constitute a nuisance therein. (xxiv) : onners and contractors are per:rnitted to store conetrnrction naterials and eguipnent on the approved constnrction slte during the construction perlod. It 6hall be neatly stacked,properly covered and secured and is the responslbility of the owner and the contractor. owners and contractors will not disturb, damage, trespass or store materials or equipnent on other orrnerar Building Envelopes, on the Open Space Tract or on the Road Tract. (xxv) W: Orrners and contractors shalt clean up all trash and debrie on the construction eite at the end of each day. TraEh and debris shall be rernoved from the site at leaEt once a week to the cloEeEt eolld raste disposal site approved by Eagle county. ounera and contractors are prohibited fron dunplng, burying or burning trash anynhere in the Subdivision. (xxvt) SANfTARY FACILITIES: Bach Ormer and con-tractor strall be responEible for providing adequate sanltary facilltles for his constnrction workers. (xxvii) PARKING AREASs conatructlon crews and other construction pereonnel shall not park on the open Space Tract or use other Building Snvelopes for parlcing purposes during constr:uction. (xnriii) RESToRATIoN OR REPATR oF oTHER PROPERTy DAilAGED: Damage or scarring to other property, including but not linited to other Building Envelopes, tlre open space Tract, the Road Tract and Lnprovenents thereon, drl.vevays or other iuproveuents is not per:nitted. If any euch damage occurs, it will be repaired prornptly at the expense of the person causing the eane. (xxix) coilDucr aI*lD BEHAVIOR: All Osnera shall be reeponsible for the conduct and behavior of thelr agents, representatives, invitees, builders, contractors and eubcontractors. 5. DMSION OF |lRAefS. (a) Each and eve4' Tract Le hereby divided euch that an undl-vided interest Ln each and every Tract is hereby conveyed and nade appurtenant to each and every one of the Building Envelopes as folloss: Appurtenant Percentage Interest in each Tract Buildinq Envelope I 2 3 20.oo 20. oo 20. o0 7 20.00 20. oo (b) Each BuildinE Envelope and its appurtenant interest in the Tracts ehall be inseparable and nay not be conveyed, Ieased, deviEed or encunbered one without the other. A transfer by an Onrner of legal title to all or any portion of a Building Envelope shall automatically transfer a proportionate interest in the appurtenant interest in the Tracts. No interest in a Tract by itself may be granted, conveyed or assigned by an owner separate fron his Building Envelope. (c) Each and every Tract shalt be owned in connon by the Onrners and shall reuaLn undivLded. No owner shall assert any right of partition sith respect to a Tract and each osner vaives any and al} rights of partition he nay hold by virtue of his ownership of an undivided interest in the Tracts as a tenant ln colrmon with the other Ouners. (d) Each Onner shall be entitled to use the Tracts in accordance with the purposes for shich they are intended, sithout hindering, inpeding or inposing upon the rights of the other owners and in accordance vith the rules and regulations duly established from tine to tine by the Association, as provided for hereinbelow. 6. EASEUENT FOR USE OF ROAD TRACI: Declarant desires to provide to eactr owner the right of ingress and egress to ltis Building Envelope from a private road and Declarant hereby grants and assigns to each owner a perpetual , non-exclusive easement and right of vay under, over, across and through the Road Tract for the purpoees (subject to the adrninistration of the Association)of conetructing, naintaining, repairing, enlarging and reconstructing a roadway thereupon providing vehicular and pedestrian ingress and egress between his Building Envelope and Lionrs Ridge Ioop (Buffehr creek Road), a private road located in Eagle County, colorado. The easenent and right of way hereby granted and assigned shall run sith the land and shall be appurtenant to each Building Envelope, such that a transfer by an owner of legal title to all or any portion of a Building Envelope shall autornatically transfer a proportionate interest in the easement and right of nay granted and assJ.gned herein; provided, however, that no interest in the eaeenent and rlght of way granted and assigned herein for the purpose of a roadway roay be dedicated to the pubtic or granted to a non-ouner without the prior rrritten consent of aII owners. 7 . ADI.TINISTRATION A}{D I.IANAGEHENT OF THE TRAETS: TITE Tracts shall be adnlnistered and nanaged pursuant to this Declaration, the articles of incorporation and the bylaws of the Association. Each Owner shall be a mernber of the Association and shall remain a menber until he ceases to be an owner. Each nenber shall conply strictly with the provisions of this Declaration and of the articles of incorporation and bylaws of the Association. Each nenber shall be bound by and shall conply vl-th rules, resolutions and decisions of the Association duly rnade or adopted in the nanner set forth in the Associatj'onrs articles of incorporation or bylaws. Such rules, resolutions and decisions nay apply, rrithout linitation, to the control and use of parking areas located on the Road fract including' without linitation, the designation of epecific parking spaces to be used by specific owners to the exclusion of use by the ottrer owners. FaiLure of the menber to conply vith such provisions, rules, resolutions or decisions shall be grounde for an action to recover damages or to obtain injunctive relief, or both' naintainable by the Association on behalf of the other o$ners or' in a proper case, by an aggrieved owner. fn addition, the Associationrs bylaws may authorize the Association, during the period of any delLnguency, (a) to revoke a delinguent ownerrs right to use the Tracts and (b) to suspend a nenberrs voting 4 5 privllegesi however, no auch suslrension Ehall affect the righte of a Flrst Lienor. 8. T,TAINTENANCE Al{D REPAIRS OF TIIE TRAETS: The Tracts and Luprovenente thereon shall be adninistered, coneerved, nanaged,nalntalned (including, without linltation, snos renoval and Iandscape naintenance), repaired, inproved and replaced by the Assoclation. However, lf the need to nake such repaLre or naintenance results fron the negligence or intentionat act of any orner, his fanily, agent or invttee, such Onner shaU relnburse the Aesoclatlon for all the costs of repairlng such danage and shall be liable to the other Osners for all additlonal losses or dauages euffered, including reaeonable attorneyrs fees. 9. ASSESSI,IEI(rS FOR COttl,lON EXPENSES! (a) Bach Orner ghall pay hlg pro rata share of the connon expenses, rlth such pro rata ehare of each ormer to equal the undLvlded percentage Lnterest ln each and every fract appurtenant to euch Onnerrs Buildlng Envelope, as speclfically set forth ln subparagraph 5(a) hereof. (b) Tlre board of directore (the tDoardr) of the Assocl.ation shall fix, deternine, Ievy and collect annual and special assesrurente to be paid by each of the Oryners to ueet the connon er(penses and to create a contingency reaerrre therefor.Prior to the beginning of each flscal- year of the Aseociation,the Board shall adopt a budget for that year. The budget ehall lnclude, but ehall not be linited to, an estinate of the costs of naintenance, repair and replacernent of the Tracts and inprovementE thereon, the cost of sernices to be provided by the Association, the cost of insurance reguired by Paragraph 1O herein, and proposed capital expenditures. The budget shall include an adequate reserve fund for the aaintenance, repairs and replacement of the Tracts and inprovenents thereon, in order that such naintenance, repairs and replaceDent nay be paid for through regrular installnents rather than by epeclal aseessment. For the Aesociationrs fl-rst fiscal year, the Board shall adopt the budget at the firEt rneeting of the Board and designate the date of conDeneeuent of the first annual aasesenent, with the coEtE for naintenance, repairs and replacenent of the Tracts and inprovenents thereon and any resewe fund needed tlrerefor based on a good faitb estinate of tlrose costei eaid estinate nay be based on the costs incurred by slnilar aesociations in the general locale. thereafter, the cost of nalntenance, repaire and replacenent and any reserve fund needed therefor shall be on the baeis of the previous yearrs costs sith euch adjustnents therefrom as the Board considers appropriate. The budget ehall alEo include the annual assessnent for each ormer. Speclal aasessnents may be levied whenever in ttre opinl-on of the Board it is necessary or adviEable to do eo (i) to ueet lncreased operating or naLntenance expenaes or costs, (it) to provide for additional capital expenses, or (tti) because of enerEenciesi bouever. Lf ttre proposed additional capltal expenses at any given tirne are Ln excees of 40 percent of the existing budget, such expenses nay be incurred only after the otrner6, by the vote of the Oryners bearing at least 75 percent of the connon expenaea, approve such expenses. All annual aEsessnents shall be based upon an approved budget; all other assessnents shall be .ln iteuized Etatement form and shall set forth the detail of the various expenser for vhich the assessnents are belng nade. (c) fhe Board shall prepare and provide to eactr Ocner a statenent for the annual aEsesenent and any special assessnent against hiE Euilding Envelope. Annual asseasnents for the budgeted comnon expenses shalI be paid in guarterly installnents, each Euch lnstallment due and payable Ln advance on the firet day of each calendar guarter, or Dore freguent Lnstalluents aE nay be detetmined by the Board. Speciat aEsegsnente shall be due and payable as specified in the written notice of euch assesgnent provided by the Board. (d) The Board shall have the right to add to any Orrnerre asaessment, as provLded in this Paragraph, those amounts expended by the Association for the benefit of any individual Ouner, including but not linited to, fines (pursuant to rule adopted by the Assocl.ation), repairg and replacenents to the Tracts and/or improvenents thereon caused by the negligent or willful acts of said owner, his fanily, gtrests, employees,licensees, Iessees or invitees, and all other expenditures or charges provided for by this Declaration or the AssociatLonrs bylaws. (e) If any assess[ent shall renain unpaid ten days after the due date thereof, the Board nay inpose a late charge on such defaulting owner in an amount equal to 1.5 percent of euch agEesenent. Likewise, a late charge egual to 1.5 percent of the unpaid assessment nay be imposed on the flret day of each calendar nonth thereafter so long as Euch aEsessment shall be unpaid. Failure to nake palnent vithin 30 days of the due date thereof also shall cause the full anount of such Ownerrs regular assessDents for tlre remainder of that year to become due and oving at once, at the option of the Board. In the event it shall become necessary for the Board to collect any delinguent assessments, whether by foreclosure of a lien hereinafter created, by conrnencing of a court action (wlrlch may be brought by the Association vithout waiving the lien hereinafter created) or otherwiEe, the delinquent owner shall pay, Ln addltion to the aBsesallent and late charge herein provided, al} costs of collection, including a reasonable attorneyrs fee and costs incurred by the Board in enforcing palment. (f) All suns assessed but unpaid for the share of, comnon expenses assessed to any Building Envelope shall constitute a lien on such Building Envelope and appurtenant interest thereto in and to the Tracts in favor of the Association prior to aII ottrer liens and encunbrances, except: (i) Ilens for general property taxes and special asseEsnents, and (il) the llen of any first uortgage or first deed of trust of record encunbering such Buil.ding Envelope. The Associationrs lien ehall attach fron the date vhen the unpaid asseEsnent shall becone due and nay be forecLosed by the Association in like nanner aa a nortgage on real property upon the recording of a notice or clairn thereof executed by a nenber of the Board on behalf of the Association setting forth the amount of the unpaid indebtedness,the nane of the owner of the Building Envelope, and a descrlption of the BuiJ.ding Envelope, If any such lien is recorded by the AsEociation, the Owner shall be reguired to pay the coEts and expenseE of the preparation and recording of the Associationrs Iien, including reasonable attorneyrs fees, or $150.00, uhichever Ls greater. In any such foreclosure, the orrner shall be reguired to pay the costs and e:<penses of such proceedings, lncluding reasonable attorneyrs fees. During the period of foreclosure,the onner of the auilding Envelope subject to euch action shall be required to pay a reasonable rental to the Association. The Association shall be entitled to purchase the Building Envelope at the foreclosure sale, and to acqui.re, ho1d, lease, Dortgage or convey the sarne. (S) No owrer ehall exenpt hinself fron liability for paynent of his share of the comnon expenses either by waiver of the use or enjolment of the Tracts or by abandonment of his Building Envelope. (h) If involving a first mortgage or first deed of trust, sale or transfer of any Building Envelope as the reEult of court foreclosure, foreclosure through the public trustee, or any proceeding in lieu of foreclosure, including the transfer of a deed in lieu of forecloEure, shall extingruieh the lien of such aEsessnents as to palments thereof for periods prior to such sale or transfer, but shall not relieve any for:rner Oarner of personal l-iability therefor. llhe nortgagee of such Building Envelope who 10 l acquires tltle by way of foreclosure or the taking of a deed ln lieu thereof, ehall not, however, be liable for any assessnent for perlods prior to the date of lts acqulrlng tltle and shall onLy becone liable for aseessments for perlods frou and after the date lt becornes the orrner of such Building Envelope. No sale or tranefer ehall relieve Euch Building Envelope fron llablllty for any aeaeesnents thereafter beconing due or fron the lien thereof.In the event of the sale or tranefer of a Bullding Envelope uith reepect to which suns shall be unpaid by a defaulting owner, except transfers to a First Lienor in eonnection slth a foreclosure of ite llen or a deed in lleu thereof, the purchaeer or other transferee of an interest in guch unit Bhall be Jolntly and severally liable vith the seller or traneferor thereof, for any such unpaid suna. (i) Upon vritten regueet of any Otrner, aortgagee,prospective mortgagee, purchaeer or other prospective transferee of a guilding Envelope, the Assoclation sha1l Lssue a srltten statenent setting forth the anount of the unpald coutron expenses,Lf any, with respect to such BuildLng Envelope, the arnount of the current nonthly aaseaaDent, the date on whictr Euch assessDent becane or ehall becone due and the anount of any credit for prepaid expenses. Such statenent, for vhich a reasonable fee lay be charged, is binding upon the Associatlon Ln favor of any person who nay rely thereon ln good faith. Unless a requeet for such etatenent ebal.l be conplied rith within 2O days after recelpt thereof, all unpaid coronon expenaea whlch becaue due prior to the date of naking such request ehall be Eubordlnated to the lien or other interest of the person requestlng such statenent. (j) Any party in favor of whom a ll.en on a Building Envelope haa been created nay but shall not be requlred to pay any unpaid connon expense wlth respect to such Building Envelope, and upon such palment such party shall have a lien on guch Building Envelope for the arnount so paid of the sane rank as the lien theretofore existing. 10. fNSI'RA!|CE 3 (a) the osners: ?he Association shall, on behalf of (i) provide and keep in force, for the protection of the Association, its officers and dlrectors, and all the owners and First Lienors, general publlc llability and property danage insurance against clal.ns for bodily tnJury or death or property danage occurring upon or ln the TractE,ln llnitE of not less than $1,Oo0r0OO for bodify lnjury or death to any number of pereons ariaing out of one ascLdent or dieaEter, or for damage to prope*y, and Lf higher llnlts shall at any tine be custonary to protect against poseible tort lLabillty, such higher liuite shall be carriedi (fi) carry insurance l-n such anount as the Association rnay consider neceseary or advieable agal.nst such other insurable hazards as Day fron tLne to tine be conrnonly lnsured agatnst in the case of sfulllar property ln elnilar locatlons eleewhere. (ilt) earr? directors and officers liability insurance in euch amounts as the Aesociation [ay consider necessary or advleable. (b) All ingurance required to be carried under thls Paragraph shall be carried 1n favor of the Association, the Onners and all First Lienors, as their respective interests nay appear. Each insurance policy shall provtde that no cancellation thereof nay be made by the insurance carrier sithout having flrst given 30 days' prior written notice thereof to the Aesociatlon,the oryners and all Firgt Lienors. Each ineurance policy shall also contain a nseverability of interesttr endorsenent, which L 11 o provl.dea, in case of violation of any provision thereof by the Aesociation or one or nore (but less than all) of the Owners,that the coverage of euch policy shall be suspended or invalidated only as to tbe interest of the AEEociation or the Oqrner or Owners conmitting the vlolation and not as to the l-nterest of any other Owner. 11. APPoINTUENT OF ATIoRNEY-IN-FACI3 Each Otmer by hiE acceptance of the deed or other conveyance vesting in hin an intereet in a Building Envelope does irrevocably constitute and appoint the Association vith full power of substitution as hls true and larrful attorney in his nane, place and stead to uanage,control and deal with his interest in the TractE ao as to permit the AEsociation to fulfill all of lts and the ownerrr dutLes,obllgations and rights lrereunder and, with fuII porer, right and authorization to execute, acknowledge and deliver any contract, instrument of conveyance, proof of loss, release or other instrunent affecting such interest of the Owner, and to take any other action, which the AsEociation nay consider necessary or advisable to give effect to the provisions of this f,tecl.aration.If reguested to do so by the Association, each onner slrall execute and deliver a written instrument confiruing such appointnent. The action of the Assoclatlon in settling any clain with respect to the Tracts shatl be flnal and binding on all Onners. No onrner shall lrave any rights against the AEsociatLon or any of lts officers or directors vith respect tlrereto except in case of fraud or gross negligence. 12. OUALfTY OF WORK: Any repairs, renovation or restoration of the Tracts or improvements thereon by the Association as attorney-in-fact for the ornerr shal-I be done l-n such rnanner as to uake the Road Tract or the Open Space Tract at Ieast as valuable after such work as it was inmediately before the occurrence reguiring the work to be done. 13. PROPERTY FoR co!{!.toN USE! The Aseociation tnay acguire and hol.d for the use and benefit of all ormers real property, as long as such real property is purchased at a foreclosure sale, and tangible and intangible personal property and nay dispose of the eame by sale of othernise, and the beneficial interest in any such property shall be owned by the owrrere in the sane Proportion as their respective interests in the conmon e{penses and shaIl not be transferable except with a transfer of a Building EnveLope. A transfer of a Buil.ding Envelope shall tranEfer to the transferee ownership of the transferorts beneficial lnterest in such property without any reference thereto. Each Oryner Day use such property in accordance with the purpose for which it is intended, nithout hindering or encroaching upon the lawful rights of the other o$ners. The transfer of titte to a Building Envel.ope under foreclosure shall entitle the purchaser to the beneficial interest in such property associated rlth the foreclosed Building Envelope. 14. E.ASEMENT. I.EASE. I,ICENSE AND USE OF TRA TS. ThE Assocl.ation shall have the right to grant by easement, lease, licenEe or peruit the use of, by less than all oryners or by non- onners and with or without charge as the Association nay deern desirabler lny portion of the Tracts or irnprovenents thereon or any Building Envelope owned by the Assosiation. The rights granted to the Association in this Paragraph 14 ehall only be used'in the pronotion of the collective best interest of the Onrners. 15. REGISTR,,ATTON BY OWNER OF UAILING ADDRESS: EACIT O$NET ahatl register his nailing address with the Association' and, except for nonthly statenents and other routlne notices, all notices or demands intended to be seryed upon an omer shall be sent certifled mail , postage prepaid, addresged Ln the nane of the oryner at such registered nailing address. AII notices, denands or other notices intended to be serrred upon the L2 -,r t ,t .!,: t, ' I f-*t DtrtrRRTMtrNT @tr-tr@MMUNITV DtrVtrt@FMENT W tolEs ActoN F'RM xXxXXxX ACcouNT #lTEl.r NO. c0sT EA. TOTAL AMOUNT ---_--I too - 01 0000 41330 LCOM. DEV. APPUCAT]CN FEas Ir -I t I roo.-01 0000 41540 ZONING AND ADDRESS MAPS Enn 01 0000 42+1s I9d6 UNIFORII EUITDING CODE Rn nn 01 0000 42+15 ------r 01 0000 42415 1988 UNIFORII PLUI,IBING CCIDE 56.00 19BB UNIFOR}I MECHANICAL CODE 1988 UNIFORIJ FIRE CODE 1987 NA]ICNAL EL:CTRICAL CODE J2.00 01 0000 42415 -----c1 0000 42+1s ------ )1 0000 42115 ----- )1 0000 41548 -l !n n|1 IoTHER COoE BOOKS IBLUE PRtNTs (M\r.\Rs) xERox coPtEs ,/ sruorEs PENALTY frEs / RE_tNspEcl.loN 7.00 101, 0000 +2+12 Pl 0000 42371 l-,--- for oooo +tszi.z , lo1 oooo +t+e I _____t 01 oooo 0.,..0 | -+ol 00oo qrar: I ;T ---- -r----_ OFF HOURS INSPECT]ON FE CON]RACTORS UC$ISES fEES O]HER FEES SIGN APPLICATION - {oo. - 20.00 c0MI ENTS: ZL t ft<--a-i^- r --__- _l -sr-i Y!./ PUBLTC NOTICE NoTICE IS HEREBY GIVEN that the Planning and Environmental Conmission of the Bown of Vail will hold a public hearing in accordance with Section 18.65.050 of the nunj-cipal code of the Town of Vail on April 9, 1990 at 3:oO p.m. in the Town of Vail l,lunicipal Building. Consideration of: 1. A request for an exterior alteration and a setback variance for the Lifthouse todge, Iocated at Block 1, Tract C, Site C (555 East Lionshead circle)Applicant: Lifthouse condoruiniun Association 2. A request for a final plat for a najor subdivision and for SDD No. 22, a resubdivision of Lots 1-19, Block 2, Lionsridge Filing No. 3.Applicant; Pat Dauph5-nais, Dauphinais-lloseley Construction. 3. A request for a side setbask variance at Bighorn Terrace Unit #D-7, 4242 East Col-umbine Way.Applicant: Kathryn Benysh A request for a major subdivision and for a major amendment to sDD No. 15 on a portion of Parcel A, Lionrs Ridge Subdivision, Filing No. 2 (The Valley - Phase III)Applicant: Brad and susan Tjossem A request for a conditional use for a Learning center Lab in the lower leveL of the proposed parking structure at the Vail Valley Medi.cal Center on Lots E and F, Vail Village 2nd Filing (181 west Meadow Drive).Applicant: vaiL valley Medical center. A requesL for a rnajor amendnent to Special Development District No. 7 (The Marriott llark) in order to add 57 timeshare units and I employee housing units.Applicant: Marriott corporation. A reguest for an exterior alteration, strean setback variance, view corridor amendnent, site coverage variance, and conditional use for a deck enclosure and new outdoor patio for the Red L,ion euilding.Applicant: Frankie Tang and Landmark Properties 4. 5. 5. 't. The applications and available for public Department office. Toun of Vail Connunity Development Published in the vail inforrnation about the proposals are inspection in the Cornnunity Development Department Trail on llarch 23, t99O. , SUBDIVISIONS review and commenr. Notification shall be mailed at lcasr fifteen days prior to the dai: set by th. planning and environmenral commission for pubiic hcaring: A. The Vail Valley Warer Disrricr. B. Departmenr of Public Works- C. Town of Varl Fire Departmelr. D. Town of Vail Poiice Departmenr. E. Public Service Comoany of Colorado.F. Hot.v., Cross Eiec:ric Associariol. G. M ountain Bell- H. Cablevision companv servins rhe area.I. National Forest. Sc:'vice.J. Upper Eagie Vallev Saniraricn Districr. K. Other interesteC agencies wh::r applicable. Such agencies shlii bc requir:C ro make .iecommendations and commenrs within fifteen dar'5 fss6 the dare of receipr of no(ification that the preliminarv pian is available for review. Failure to maie rec c n:;:r:datio ns and/or commenrs within the prescribed fifte:n :a..'period shail be deemed approval of thc pre mlnarv ptan. (Ord.2(1983) $ I (pan).) I7.l6.l t 0 PEC review criteria. The burden ofproofshall resr *irh the applicant to sho* that the appiication is in compliance sirh rhe intent and purposcs of this chapter. the zoning ordinanr-.e and orher perrinent regulations lhat the PEC dcems applicable. Dur. consideration shall be given to the recommendations rnade by public agencies, urilir)- comnanies and other agencies consuircd under Sccrion 17.16.090. The PEC shall review the appliclion and consider irs appropri- ateness in reqard lo to',r'n policies relatine ro subdir.ision control. dcnsiries propr)sed. regularions, orciinances and resolutions and ot her applicable docunrenrs, ent ironnrental inregrirl. and compati- bilitl' wirh rhe surrounding land uses and orhcr applicable documents. eifecrs on thc aesthetics of the town. environmental inte grity and cornparibiliry wirh thesurrounding land uses. (Ord. 2(l9Ei) $ I (part).) E (\'dl tJ-E:l )2S{ { J ,f,i F. List of the name of owners of all property ad;jacent to the Subject property and their maiiing addresses. The Valley Condominiums Phase I and 2 of The Va1ley Super Association East Property Boundary of Elk Meadows Scott Justice, Manager 1516 Buffehr Creek Rd. Vai1, C0 81657 476-7360 Charles Bridges Phase 6 of The Valley trr Vice President West Property Boundary of Elk Meadows NCNB Texas 1201 Main St. Dal I as TX 75283-0106 pnSe , \.-_5en rY€xt UTILITY LOCATION VERIFICATION El k l{eadows SUBDIVIS]-ON JOB NAME Sinqle Fami l Lor 4 BI,OCK ADDRESS 1630 Bueffehr Creek Rd. Thc location of rnus t be approved site plan, util 1-ties, nhether they be rnain and verified by che following Mountain Bell 468-6500 Western Slope Cas Co. t 800 922-1987 llar ry Moyes Public Service Company 949-57 8L Gary llall lloly Cr:oss E.lec t lrc Assoc, 969-5892 Ted llusky/t{lchael Laver ty llerlrage Cablevisior-r T.V. 94 9-5s30 Gary Johnson Upper Eagle Valley WaEer & Sanitacion Dis t ric t 47 6-7 480 Fred llaslee NOTE: These verifications do noc relieve the to obtain a street cut permlc from the Works an<l to obt.ain utility locat ions of-way or easenent in tlre Town of Vail !I!__pjfI-:!!.. A sEreet cut permir rnusr FTLTNG 2 Parcel A Lion's Ridqe Subvision trunk llnes uEili.ties for or proposed lines, the accornpanylng Date 1-vo- ?o /-Jo -?t' ,/-.Joql ,/*so--?t) 2 '/ 6 '").1 ?=1l6 ''i O cont.rac Eor of his responslbllity Town of Vall, Departnlent of Public before di.gging in any pubJic rlght-. A_L,,ii.tt"g p"tl be obcai[ed seParately. Thls f or:m ls Co ver:ify servlce availability an<l location, This should be used in conjunction with preparing your ut.i.liEy plan and schetluling insEallatlons. *(Please bring a siCe plan when obtainlng Upper Eagle Va1ley !,Iarer & Sanltation signa rure s ) Atr tho rizerl S igna t ure ii PLANT I'IATERIALS: (con't) SHRUBS Botanical Name Potenti I I a Common Name Potenti I I a 15 EXISTING SHRUES TO BE REMOVED Type GROUND COVERS Artemi s i a Tri dentata Sage Brush 40 Square Footaqe Si ze s0D SEED Nati ve rasses and wildflowers TYPE OF IRRIGATION TYPE OR METHOD OF EROSION CONTROL C. 0THER LANDSCAPE FEATURES (retaining wa11s, fences, swimming etc.) Please specify.poo1s, I NAl,lE 0F PR0JECT: Srlg=l=e [amily Home ows LEGAL DESCRIPTI0N: n'i STREET ADDRESS: to:o sme#-ar&k Ra. t DESCRIPTION OF PRO : 3255 Square Foot 3 Level 2-l car qarages Chinked The fol'l owing information is required for submittal by the applicant to the Design Review Board before a finai approval can be fiven: A. BUILDING MATERIALS: TYPE OF MATERIAL COLOR Roof Siding 0ther l.lal'l Materials Cedar Shakes Natural 10" diameter Loqs/Stucco Naturaj/ White Boqtdlhd Batten/Rough Cut Subdi vi s ion Ridge Sub Div Log Home LIST OF MATERIALS Natural Fascia Soffi ts l,li ndows llindow Trim Doors uoor trlm Hand or Oeck Fl ues Flashings Ch i mn eys Rails le{grlRoqgf Qut Natural Double Glaze/ Snap in Grills Natural Pine Rough Sawn lJhite/ Dk. Green Raised Panel Wood/ French Doors Pine Rouqh Sawn Natural Log Timber l4achine Turneo Natural Painted Metal 16" above Stucco Flue Chase White Painted l'letal tlh i te Stucco Flue Chase l'|hi te NIR N/R B. Trash Enclosures Greenhouses 0the r PLANT MATERIALS: PROPOSED TREES LANDSCAPING: Name of Designer: pnone: Dennis Anderson/ Edward Il. Gwathmey Common Name Quani ty Size* Aspen less than 2" trunk Indicate height for conifers. (over) Botanical Name existing only EXISTING TREES BE REI1OVED To Bgru]ul-- Pine Tonque and Grove *Indicate calioer for deciducious trees. APPLICAT]ON DATI: DATE 0F DRB MEETI i,tc : t4arch Z l, 1990 DRB APPLICAI ION *****TIIJS APPL ICATION t,'lILI. NOT BE ACCIPTTD UNTIL AI.L INFORT.,IATION IS SUBIIITTtD***** I. PRE-APPLICATION I"IETTIIIG: A pre-appljcation meeting wil.h-a planning sLaff member is strongly suggested to deiermjnb if any additional inlorrnation is needed. No application will be accepted unless it is corrrrrlete (mrrst include all i tcrns required by the zoninq adnrinistrator). It is the applicant-'s respon',ibi1ity to tnalle an appoinLnrent with the stafI to find out about additional subnritl.al requirements. Please note that a COMPLI][ applica- tion will streanrl ine the approval process for yottr project by decreasing the nuntber of conditions of .rpprov,rl t-h.rt tlre DIitS nray stipulate. ALL conditions, of approval mttst be resolved bcl'ore a btrildjng permit is issuecl . A. PROJECT DISCRIPTIOII:Single Farpily Home for Bradley and Susan Tjossenr Elk l4eadows Subdivision lot l4 - B. LOCATION OF PROPOSAL: Address 1630 B_g_.lilghr Creek Rd. Leg.r I Zoni ng Descri pti on Lot 4 nt".kPuttul A, [ion't Tffinfrbdivision Filing 2 Special Developrnent District D. NAMI 0F AppLICANT; Bradley and susan Tjossenr Address P.0. Box 2975 Vai l CO 8165B tel ephone 4j6_?525 NAI4E 0F APPLICANT'S RIPRISENTATIVE: Jay Peterson Addres s Vai I National Bank Bui I dinq _ telephone 476-Ooa2 t-NAI'lE 0F gl,tNERS. Susan Tjossem S i gna ture Address F DRB F[E: The fee wi lI VALUAT I ON $ 0-$ 10,000 $10,001 -$ 50,ooo $50,001 -$ 150,000 $150,001 - $ 50o,o0o $500,001 - $1,000,000 $ 0ver $1,000,000 IMPORTANT NOTICE RI-OARDING $ 10 '00 $ 25.00 $ 50.00 $1oo.oo ** $200.00 $300.00 ALL SUBMISSIONS Tt, Tll[ DRB: Box ?975 Vai I, C0 81658 telephone 476-352s be paid at the time a building permit is requested. FEE In addition to nreetinq subrnittal requirenrents, the appljcant must stake the site to jnrlical.e property lincs .rnd buildinrl cornttrs. Trees that will be removed should also be rnarkecl . This work must be contpletecl beforc the DIIB visits the site. 2. The revier,J process for NnJ BUILDINGS will nornral ly involve tvro separate meetings of the Desiqn Revier,r Board, so plan on at least tlo meetings for their approval. 3. People who fai1 to appear before the Design Revierv Board at their scheduled meet.ing and who have not asked for a post.ponement will be required to be reDubl i shcd. ". I .: DEFMRTMENT E@MMUNITV DtrVtrL@ @tr FMENT XXXXXXX sALES AcroN FoRM xxxxxxx AccouNT # 01 0000 41J30 CO}J. DEV. APPUCATICN E=S 1 0000 41540 ZONING AND ADDRESS MAPS 1 0000 42+1s 1988 UNIFORI.I BUILDING CODE 't 0000 42+1s 1988 UNlFO.?t,{ pLU!,{BlNc CODE l 0000 42+15 1988 UNIFORI.I MECHANTCAL CODE 01 0000 42415 1988 UNIFORII FIRE COOE 1 0000 42+1s IS87 NAT'IONAL ELICIRICAL CODE 1 0000 42115 OTHER COOE BOOKS 1 0000 41548 BLUE PRINTS (MY1-,{RS) 01 0000 42+12 xERox coFtES / sruDtES 1 0000 42371 PENALry FEES / RE_tNsPEcT.IoN 1 0000 +1322 OFF HOURS TNSPECI]ON FE CoNTRACTORS UcElrsEs fEES 1 0000 41330 0l 0000 41413 ,SIGN APPLICATION coMMEr.lTS: i I I (, U F U)ut -rElrlhl (fF (JFI I l- Hiscel leneous Cash gf,-2€,-9Er l4:15:E? Receipr. + 844418 Rccr-runtfl EFI#4i3!f, 5u5Fll.l TJtrSSEn ".FIFP FEE Frnount tendered ) ltlE. FB Iten Paid gmount Paid fflElEElB4lf,f,ElBBB lBEr. Eig Ch.ang,+ returne,J i F' EtE -I-HFF{]{ 1/(}U r/ou r ce=h ier 5T <o' z t. € r F I j I I I r I IX j I I t^Y .+_, :va kE tl <D lt!'1 2 to tt tt ll tl tl tl tt tl Ft t"t I I I I IW li!lr r IF I ttt tt1 Itl t'.,:l =^ '-r Hj-' t lo It- I '{ D- --1 H (}i 'l ) z oQ l5 { t9 a\9 o T0: Kristan Pritz l'li ke Mo I .l i ca Vai'l Communi ty Development Department FROM: Bradley and Susan Tjossem, 0vlners of Elk I'leadows Subdivision DATE: April 5, 1990 RE: Phasing of the Elk Meadows Subdivision inregards to Fire Hydrant Instal lation and Pavinq. The Elk Meadows Subdivision Development will be done in two phases, Phase I and Phase II. Phase I will encompass the buflding of one singie family home for Bradley and Susan Tjossem on Lot 4, during the Spring of 1990. Phase II will commence, at a time in the future, that a building perm'it is applied for on any of the addjtional lots. Phase I For Phase I, one F'ire Hydrant wjll be required to be installed withing 500 linear feet of the Tjossem residence, on the Private Rodd, no further than 5 feet from the edge of said Private Road. l.|e proposeinstalling said Fire Hydrant af soon after the building permit is issued,as feasible. Secondly, we propose puving the Private Road from Euffehr Creek Road to and including the driveway of the Tjossem residence. All the rest of the existing Private Road will be covered with top soil and reseeded to it's natural state until Phase II. Phase II At the commencement of Phase II, Fire Hydrants will be installed in accordance with all regulations. Secondly, the Private Road will be re-built to servjce new resjdences and have the required Fjre Department turn around. Private Road and turn around will then be completely paved. Please refer to the Landscape/Site Plan for the future configuration. 7 W'Vtgu u ,,--h\ PUBLIC NOTICE NoTIcE Is HEREBY GMN that the Planning and Environmental Conunission of the Town of vail will hold a public hearing in accordance with Section 18.66.060 of the municipal code of the Town of Vail on May 14, 1990 at 3:00 p.m. in the Town of Vail Municipal Bullding. Consideration of: A request for a final plat for a major subdivision for sDD No. 16, on a portion of Parcel A, Lionrs Ridge Subdivision,Filing No. 2 (The Valley - Phase III)Appticant: Brad and Susan Tjossen A request for an exterior alteration in order to construct an addition to the BelI Tower Building at 20L Gore Creek Drive.Applicant: Clark I{illingham ,/ Bell Touer Associates, Ltd. A request for a site coverage variance for an addition on lot 3L, Block 7, Vail Village 1st Filing.Applicant: H. Ross Perot A reguest to apply High Density Multi-Family zonlng to the Mariott lltark Resort and for a rnajor amendment to special Developnent District No. 7 (Marriott Mark) in order to add 58 tineshare units and 8 employee housing units.Applicant: Marriott Corporation. A reguest for a conditional use pernit to allow for a Bed and Breakfast at Lot 118, ltatterhorn Vitlage Subdivision.Applicant: Willian Clen A request for a major subdivisionr a request for a variance to the maxirnum height for retaining walls, and a request for a variance to the maximum percent grade for a road, on a parcel conmonly referred to as Spraddle Creek, an approxinate 40 acre parcel located north and east of the Main Vail I-7o interchange and east of the Spraddle Creek livery. Conmencing at the Northeast Corner of the Southeast I/4 of the Southwest L/4 of Section 5, Township 5 South, Range 80 West of the 6th Principal Meridian, being an Eagle County Brass Cap properly narked and set. with all bearLngs contained herein being relative to a bearing of s oo 11r oorl E between the Northeast Corner of Eaid Southeast L/4 of t'tre Southwest L/4, and the Southeast Corner of said Southeast L/4 of the Southwest L/4 being an Eagle County Brass cap 1. 2. 3. 4. 5. 6. \ properly narked and seti 6aid Northeast Corner of the Southeast L/4 of the Southwest l/4 being the Point of beginningr thence S OO 11r O0rr E aLong the east line of said Southeast L/4 of the Southwest L/4 of Section 5 a distance of 1320.14 feet to the Southeast Corner the sai.d Southeast L/4 ot the Southurest L/4 of Section 5i thence S 89 47r 48[ w along the south line of said Southeast L/4 of the Southvest I/4 of Section 5 a distance of 901.00 feet; thence N 73 481 32rr W along Interstate 70 Right of Way line a distance of 21-4.L2 feet; thence N 66 52r 12rr I{ along said Right of Way line a distance of 24J-.10 feet to a point on the west Line of said Southeast l/4 of the Southwest 1/4 of Section 5; thence N OO 20, 31n W along the nest llne of said Southeast l/4 ot the Southwest l/4 of Section 5 a distance of 1161.66 feet to the Northwest Corner of the Southeast L/4 of ttl.e Soutbwest L/4 of Section 5 being an Eagle County brass cap properly marked and set; thence N 89 41t Lz't E along the north line of said Southeast L/4 of the Southwest l/4 of Section 5 a distance of 1331.07 feet to the Point of Beginning. Said real property containing 39.55 acres, more or less. The applications and infornation about the proposals are avail-abl.e for public inspection in the conmunity Developuent Department office. Town of Vail Corununity Development Departrnent hrblished in the VaiI Trail on ApriL 27, 1990. I'PI,AI.INING AND ENVIRONUENTAL CO!,T}ISSION APRrL 23, 1990 Present Chuck Crist Diana Donovan Connie f6ight Ludwig Kurz Jim Shearer Kathy Warren llemberE Absent Dalton Willians staff Kristan Pritz Tom Braun Mike Uollica Penny Perry Betsy Rosolack Staff Absent shelly Uello The Planning and Environmental Connission neeting was called to order at 3:2o p.m. by Diana Donovan, Chairperson. Item No. 1: Approval of ninutes frorn APril 9. 1990 meetinq. Diana Donovan felt there ldere some changes she needed to discuss with Ton before approving the minutes. A notion to table the minutes from the Aoril 9, 1990 was made bv Jim Shearer and seconded bv Kathy Warren. VOTE: 6-OINFAVOR Iten No. 2: Block 2, Lionsridae Filinq No. 3.Appticant: Pat Dauphinais. Dauphinais-Mose1ev Construction. Kristan Pritz explained that the applicant reguested to table tbe itern until the next neeting. l,lotion to table the itern until Mav 14, 1990 was made bv Kathv Warren and seconded bv Jim Shearer. VOTE: 6-OINFAVOR A recruest for a final plat for a maior subdivision and for sDD No. 22, a resubdivision of Lots 1-19. Uike Mollica presented the project was requesting two separate iterns: explaining that the a prelininary plan applicant for a rnaJor 'l subdivision and a major amendrnent to sDD No. 15. Uike reviewed iG ipp""priate crit6ria relating to the requests found within tne nLino.- The staff recornmended-approval- of the pretininary plan for the EIk Meadows subdivision and the amendment to sDD No. 16 wiitr c"naitions. The proposal basically followed the underlyS-ng Residential CLuster zo-nin-g and Planned Unit Development zoning originally approved by Eagle County. Kathy l{arren askecl to see the previous plat- ttrat had been afprbvea and inquired whether the small setbacks and roof oilrhangs had bden addressed and Mike explained that all of the ;tiiiai;;, incLuding the overtrangs, was required to be within the confines of the building envelope. Kathy asked if the GRFA of the ernployee dwelling- units was in aadition to ttre allowed GRFA and Uike answered that there nould u. ro additiott"l GRFA, the emptoyee units would be included in the 15,000 sg. ft. of GRFA allowed. Ludwig Kurz felt there hrere many positive.points regarding the- ;;;;;"i.--se rled the reduction- in density. He also liked the 'aftinroent of the road the vay i!. was proposed, in order to tie6"ttt" the meadow area as much as possible' chuck crist asked lf there would be an additional tap fee- for the "rpr"y"" unit and Mike explained that the tap fees would.be up to tfr! aiscretion of the Upp-er Eagle Valley Water & Sanitation District. Chuck also aiked if a home that included an empl'oyee ""ii-t""fa iequire covered parking and l*like explained tbat under ;;;;a-;"qoiJtiols covered- parkiig would indeed be required for a home vith an emPloYee unit. Kathy warren asked rphat the setbaclts were on the previously_ lppr-ovea plat and Mike explained ttrat they nere approxinately the ,1h". Xattry stated that since the setbacks were tlre same she could approi" the project. rn addition, sbe wished to know how iaaiii"i,i,l parking-wolta be handled and Kristan explained that- there lrere no p.oii=iotrs for additional parking. Each home had a n"roU",' "f par*ing "p"""r required relating to GRFA. AI1 reguired pirii"g nnlt be 5n -sit". Xitny comrnented that she thought the project illooked goodrr. ,fj.rn shearer had no major concerns with the project. He was also concerned about itre pirfing but was more comfortable due to the previous explanation bY Kristan. connie Knight wished to clarify whether the Dauphinais Sufaivisioi ernployee units were in addition to ttre allowed GRFA ler tfr- SOo. i<ri'stan e:rplained that they were in addition to the illowed GRFA of the nev 3Op Uut did not exceed the GRFA that would have been applied with the underlying zoning' Diana connented that the building envelopes shere not all the sane size, yet the allosed GRFA per envelope was the same throughout. She guestioned how this norked and Kristan explained that the variation in the size of the building envelopes would present no problens building. chuck Crlst asked what the site coverage was and Kristan explained that they were allowed to build on essentially the whole site wlth the exception of the setbacks. A motl-on for apnroval of the nrelininarv plan wlth conditions per the staff nemo asJEollows was nade bv Kattrv Warren and seconded bv cttuck Crist. 1. The developrnent of each building enveloPe will complv with the rockfall mitiqation rePorts oreoared by Nicholas Lampiris, Proiect Geolooist; and DonaLd G. Pettvgrove. P.8.. Proiect Manaqer with Banner Associates, Inc. such reports are dated Februarv 23' 1987, Februarv 25. 1987. June 12. 1987' June 15. 1987. ilutv 22. 1987 and l,larch 12. 1990' and will be kept on file in the Townrs ConmunitL Developnent offices. Each individual lot owner will be responsible for couroleting the hazard rnitiqation for their lot, per the above narned reports. This restriction shall be noted on the Final PIat. VOTE: 6-OINFAVOR A motion for a recontnendation to the Town Council for aoproval of the nraior anendnent to SDD No. 15 with the followinLconditions per the staff nemo was made bv Kathv Itarren and seconded bv Llrdwis -Iqrrz-= neet the criteria listed in Section V.8.2 of the staff @no.- That no portions of anv buildinq shall extend over the buildino enveLope boundaries. That approval of the ma'ior anendment to SDDIo. 16 be continqent upon PEC approval of the Final Plat for the subdivision. 1. 2. 3. t J VOTE: 6-OINFAVOR Iten No. 4:An apneal of a decision of the zoninq administrator. pursuant to Section 1"8.66.03o of the zonino code, regardinq the Townts definition of rrsite coveraqerr (Section 18.04.360) . specificallv as it relates to Lot 3X, Block 7.Vail Villaqe First Filino.Aoplicant: Jim Morter, for H. Ross Perot. Irtike l.tollica explained that Jin l.torter was representing titr. H. Ross Perot. Jim was appealing the decision of the staff concerning the definition of rrsite coverage.!r The request before the PEc centered around the Town of Vail Zoning Code definitions of Isite coveragerr and lBuilding.tr The applicantrs position was that rrbecause the garage would be totally covered by existing grades (the site over the garage will be taken back to its original grades and landscaped conditions), the garage was not covering the site.rr The staff believed that the garage sas indeed a building as defined in the code, the garage required new grading and did not meet existing grades, and did not support the applicantrs position that the garage should be considered as a landscape feature. The staff coutd not support the applicant's request and felt the garage should be included as site coverage as defined in the Tol,ttnts zoning code. Jirn llorter explained that he was not disagreeing with tbe definition of I'building.rr He felt the garage was definitely a building. He was disagreeing with the definition of rrsite coverage.'r Ile felt the building did not cover the site, the site was covering the building. He also wished to point out that currently there was no parking on the site. ff the appeal were not granted, the only option would be on-grade parkj-ng and to can/e into the site. He showed an elevation of how the cut would Iook. The retaining wall would increase 14 to 19 feet. Jin stated that regardless of the on-grade parking inplications' the proposed garage would not cover the site. The site vould cover the garage. Jim explained that ltr. Perot was offering to landscape the area across the street where he presently parked on the Townts property. The disagreement wasthe definition of rrsite coverage. tl Chuck Crist asked Mike if, in fact, according to Mikers calculations, the proposed grades would not be exaetly as existing, rather it would be 2t higher and Mike concurred. Jin explained that they would be more than happy to bring the grade UacX to the original height but he felt that if they ltere going BANNEFI April 12, 1990 ,ii ,,ii I it 1gg0 Bradley Tjossem Post Office Box 2975 vail, co 81657 RE: Culvert Design Criteria Dear Brad: we have reviewed the hydraulic requirements relative to the change fron lo-year to 25-year design storm. The revisions cause the design flow to increase fron the 1o- year flow of 2.O cfs to a 25-year flow of 3.3 cfs. This will not require a change to the l-Brr diameter culvert, however, because both flows are considerably below the culverts capacity of 5.7 cfs. Should you have any further questions or concerns, please do not hesitate to calI. Very truly yours, BANNER ASSOCIATES, INC. Donald G. Pettygrove, P.E DGP/bg file: IGRJ.9OO3. BLG]TJOSSEM. LET Enclosure: Calculation Sheets BANNER ASSOCTATES, INC. BANNER ASSOCTATES. tNC. CONSUITING ENGINEERS & ARCHTTECTS CONSULTING ENGTNEEAS & ARCHITECIS 2777 CROSSROADS BOULEVARD SUTTE 6, 605 EAST MAIN GRAND JUNCT|ON, CO 81506. l303't 243-2242 ASPEN, COLORADO 81611 . (303) 925-s857 TABLE 5. COMPUTATION SHEET FOR CIIART MEIHOO l. Required Input A = l.') P . - ,.) 61,1 = --:ll- 2. Conpute Vo lurne of Runoff, Q q = | , I Inches: Lise CiJ and P Acres : Drainage Area Years : Design Frequency (return Period) Inches: Rainfall depth for 24-hour, T-year event Average watershed slope Runoff Curve Nunber < J'. Cornputed By G''e\ --, Oate 4 lnl ? ,t Checked By Date t// i(_ -L-'i rl, .i9 :1, d-:' -;. !il (0ptional: as inpur to Fig. 5 if adjustnent is not nade, set /J. Watershed Shapf Adj ustnent EA=A) /,l HL= / feet : E{ i _____l:_ Acre s : HF= / : I Hydraul ic Length Equivalent Drainage Area (use Fig. 10) HF = A/EA 4. obtain Unit Peak Discharge, qu QU = 3.0 cfs/inch Q : Use EA with Fig. ll flat, moderate, and 5. Watershed SloPe InterPolation Factor, SF (OPtj.onal: nade, set SF = f.0) sF = l.d 6. Ponding and Swanp is not nade, set^F PPS = [ocation Design PF= (Sheet I, 2, and 3 for steep slopes, respect ivel y) if adjustnent is not : Use Y and EA with Table 7 torage Adjustnent Factor, PF (OPtional: if adjustEent = 1.0) tr : \ of Ponds and Swanpy Area (Based on actual drainage area A) : Use PPS and T t{ith Table 6-a, Upper Reaches (6-c)_ 6-b, or 6-c. 8. Peak Discharge QP, Calculation xith Adjustnents o'= 9u.o I I'l-fi; 'T I ,.% , -{-L/. -t'+ ";r-.-- ^ --j"-j--- '- ""-:j,- ^ jP 'r'-", n/. A.-^e .t, a ' tlodifications for Urbanization '. l'" , i. ,'^ ' ' -/-L;'IMP = ? : Percentage of ImPervious Area (based on actual " \ drainage area A) ] IMPF = : Inpervious Area AdjustDent Factor (Fig' f2) | Hua = ....'..'- t : Percentage of Hydreulic Length l'{odified I Hl.l'lF = - : tlydraulic Length Modified Factor (Fig' 13) j QPU = QP x IMPF x HLI'IF =xx cfs to OIATEq ilr"i' ' PHoNE 476-3525 A.APPLICANT APPLICATION FOR MAJOR SUBDIVISION REVIEl,l (more than 4 lots) Bradley and Susan Tjossem NAME OF mAnrne NAME OF MAILING NAME OF OI,JNER'S MAILING ADDRESS APPL ICANT'S REPRESENTATIVE 75 Vai I . C0 81658 B. c. ADDRESS Vai I National Bank Buil dinq p1161E476-0092 PROPERTY S IGNATURE ADDRESS 0WNER (print or type) Box 2975 Sus an D. LOCATION OF L0T5 l-5 PR0P0SAL El k I'leadows Subdi vi si on LOTs BLOC KS BLOCKS SUBDIVISION SUBDIVISION E. -F. FEE $t0o.0o pnro j\Ag\t, \*.N )-\tfA ri>\rq'\t\\ CONSULTATION REQUIRED The first step is to in meeting submittal request a meeting with the zoning administrator to assist requirements and give the proposal a preliminary review. G. H. INCLUDE a list of all adjacent property owners and their mailing addresses. SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEW CRITERIA submittal requirements, review criteria and the approval process for major subdivisjons can be found in chapter 17..|6 of the subdivision Regulations. ORDINANCE NO. L7 Series of 1990 o ''',0,t ./4 -f ' ,'o W" Uote" AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 32 SERTES OF 1987, TO PROVIDE CHANGES TO SPECTAL DEVEIOPUnNT DISTRICT NO. 15 THAT CONCERN A REDUCTION OF THE NI'I,TBER OF UNITS PERMITTED' AD.N,STING THE GROSS FSSIDENTIAL FIPOR AREA PER UNIT' E!,IPIPYEE DWELLING UNITS t AND ARCIiITECTURAL GUIDELINES AND SETTING FORTH DETAII,S IN REGARD THERETO WHEREAS, Chapter 18.40 of ttre VaiI Municipal Code authorizes Special Development Districts within the Towni and WHEREAS, the Town Council approved Ordinance No. 32, Series of 1987 establishing Special Development District No. 15; and WHEREAS, Brad and Susan Tjossen have requested to amend the existing Special Development District No. 16' Elk Meadows, for a certain parcel of property vithin the Town know as The Valley, Phase III, part of Parcel A, Lionrs Ridge Subdivision, Filing No. 2; and WHEREAS, there is an identified need for employee housing in the community; and }JHEREAS, the Town of Vail has not adopted fornal policies to encourage the developrnent of enployee housing unitst and WHEREAS, the Special Developrnent District provides for creativity and flexibility to allow for the development of employee housing; and WHEREAS, the Town Planning staff and Planning and Environmental commission has recommended that certain changes be rnade in Special DeveloPment District No. 15t and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens' inhabitants, and vj-sitors to repeal and reenact ordinance No. 32, Series of 1987 to provide for such changes in Special Development District No. 16, Elk lleadows. NOW THEREFORE, BE TT ORDAINED BY THE TOI{N COUNCIL OF THE TOI{N OF VArL, COTORADO, THAT ORDTNANCE NO. 32, SERTES OF 1987, rS HEREBY REPEALED AND REENACTED WITH N.TENDI.IENTS TO READ AS FOLIOWS: Report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town council has received the report of the Planning and EnvironmentaL Cornmission recommending approval of the proposed development plan for Special Development District No. 15. , Section 2. SpecLal Developrnent District No. 16. Special Development District No. 16 (SDD 16) and the development plan therefore, are hereby approved for the development of Phase III, The Valley, part of Parcel A, Lionrs Ridge Subdivision Filing No. 2, within the Town of Vail consisting of 3.6 acres. Section 3. Purpose. Speciat Development District 16 is established to ensure courprehensive development and use of an area that will be har:monious with the general character of the Town of VaiI. The developnent is regarded as conplimentary to the Toriln, by the Town Council, and meets alL design standards as set forth in Section 18.40 of the Municipal code. As stated in the staff memorandum dated April 9, L99o, there are sigmificant aspects of Special Development District 16 which are difficult to satisfy througtr the imposition of the standards of the Residential Cluster zone district. SDD No. 16 a1lows for greater flexibility in the development of the land than would be possible under the current zoning of the property. In order to help preserve the natural , scenic features of this site, building envelopes will be established which designate the areas upon the site in which development will occur. The establishment of these building envelopes will also perroit the phasing of the development to proceed according to each individual ownerts ability to construct a residence. SDD No. 16 provides an appropriate developrnent plan that maintains the unique character of this site, given the difficult site constraints which must be addressed in the overall design of the project. Section 4. Development Plan. A. The development plan for SDD No. 16 is approved and shall constitute the plan for development within the Special Development District. The developrnent plan is comPrised of those plans subrnitted by Brad and susan Tjossem and consists of the following documents, which wiII be finalized at the najor subdivision final plat review: 1. Elk l,leadonrs Subdivision Phase III , The Valley, Preliminary P1an, a resubdivision of part of Parcel A, Lionsridge Subdivision, Filing No. 2, Eagle Valley Engineering and Surveying, Mr. Dan Corcoranr sun/eyor. 2. Final DRB LandscaPe Plan, EIk Meadows, Phase III, Dennis Anderson Associates, Februaty 26t 1990. 3. Prototlpical building design plans' Alpine Log Homes, August 2L, 1989, sheets 1-6. 4. Environmental Impact Report subnitted by Mr. Peter Jamar, Associates, Inc., Augtust 5, 1987r vhich Lncludes the rockfall nitigation requirements. Such rockfall reports are dated February 23' L987t Sebruary 25, L987' June 12, L987, June 15, L987, July 22, L987 and March L2, L99o, and witl be kept on file in the Townrs Connunlty Developnent offl.ces. 5. other general submittal docunents that define tlre development standards of the special Developnent District, dated llarch 10, 1990. B. The developnent plan sha1l adhere to the following: 1. Acreaoe: The total acreage of the site is 3.619 acres 2. Pernitted Uses: The permitted uses for the site are proposed to be: a. single fanily residential dwellings b. Open space c. Private roads d. Enployee dwelling units as defined in Section 5, paragraph C of this ordinance. 3. Conditional Usesl a. Public utllity and public service uses b. Public buildlngs, grounds and facilities c. Public park and recreation facilities 4. Accessorv Uses: a. Private greenhouses, tool sheds, playhouses' attached garages or carports, swinning pools, patios, or recreation facillties custonarily incidental to single-fanily uses. b. Home occupations, subject to issuance of a hone occupation permit, in accordance with the provisions of Sections 18.58.130 through 18 . 58. 190. c. other uses custonarily inci.dental and accessory to peruritted or conditional uses, and necessary for the operation thereof. d. Horse graztng, subject to the Lssuance of a horse grazing pe:ruit, in accordance with the provisions of Chapter 18.58. 5. Parcel- Acreaoes and Uses: a. Building Envelopes: as set forth on the Fina1 Plat. 1. 0.095 acres' 1 single fanily dwelling unit + one optional emPloYee unit. 2. 0.089 acres, 1 single fanily dwelling unit + one optional eroPloYee unit. 3. O.O78 acres, 1 single fanily dwelling unit + one optional enployee unit. 4. 0.093 acres, 1 single fanily dwelling unit + one optional enployee unit. 5. 0.141 acres, 1 single faurily dwelling unit + one optional enPloYee unit. b. Tract Lz 2.5 acres, open space. c. Tract 2z o.59 acres, private access road. 5. Setbacks - Mininun setbacks for the location of structures in relation to building envelope perimeter lines shall be as follows: a. No structure shaIl be located on any easement as so designated on the final plat of the subdivision. b. No structure shall be located less than two feet from either the east or the west building envelope perimeter line' c. No structure shall be located less than three feet fron the north building envelope perimeter line. d. Notrdithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter lines of the building envelope. No portion of tlre unitr decks, wall-s etc. sha1l encroach beyond the building envelope. 7. Densitv: ApProval of this development plan shal'l perurit five (5) singte farnily dwelling units, plus five (5) optional eurployee dwelling units- A minirnun of one (1) enployee dwelling unit gha.Ll be constructed, and said enployee unit shall be a Part of either the first unitrs or second unitrs building pennit for the project. AII ernployee dwelling units shall rneet the criteria listed in Section 5' c of this ordinance. 8. 9. A building situated on a single unit residential building envelope shall not contain more than 3'200 aquare feet of GRFA. Buildinq Heiqht: Bullding height shall not exceed 33 feet for a sloping roof. Parking: Parking shal1 be as reguired in Section 18.52 of the Vail l,lunicipal code. At least one enclosed parking space, per dwelling unit shall be required. Each enployee dwelling unit shall have one enclosed parking apace. 10. Landscapinq: The area of the site to be landscaped slrall be as indicated on the prelirninary landscape plan. A detaited landscape plan shall be subnitted to the Design Review Board for thelr approval . The Design Review Board approved final landscape plan shall represent the subdivisionts general landscape reguirements. The entire portion of every building envelope, not covered by pavernent or buildings, shall be landscaped as well as any areas outside the building envelope disturbed during construction. 11. Desion Guidelines: The Design Guidelines shall be subnitted to the Design Review Board for their Fina1 approval . The pRB final design guidelines shall represent the approved design guidelines. Design gruidelines for SDD No. 16 are as follows: a. Roof pitch shall be between 4 feet in 12 feet and 6 feet in 12 feet. b. Roof material shall be Cedar shakes. c. Siding material shall be either log or stucco with J.og perlins, log railings, or other log members, natural rock, or a conbination of the above, and shall be applied horizontally as indicated on the prototypical buildinq elevations. only llght colored stain shall be applied to siding. d. Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is utilized, it shall be light in color. e. AII windows shall be white metal clad or ltood windows. and will be I'divided lighttr style. All roofs shall have overhangs of at least 1 foot in order to protect walls and waII openings fron rain and snow and to contribute to the buildingrs character. L2. Recreation Amenities Tax: The recreational anenities tax shall be assessed at the rate for the Residential Cluster zone district. Protective Covenants: Prior to major subdivision final plat approval , the developer shall fil-e protective covenants on the land records of Eagle County which will provide that each owner who builds a structure on a designated building envelope shall cornply with the design guidelines and rockfall rnitigation reguirements as outlined by the EIR by Janar Associates August 5, L987. Copies of the gruidelines and nitigation reguirenents shall be availabLe at the Town of Vail' Courmunity Development office. The covenants sha1l also provide in regard to the covenants dealing with design guidelines, rockfall nitigation and enployee housing that the Town of vail shall have the right to enforce the covenants and that the covenants rnay not be amended or deleted without Town of VaiJ- approval. The protective covenants shall be approved by the Town of Vail attorney, prior to najor subdivision final plat approval . Section 5. Conditions of Approval A.Special Developrnent District No. 16 shall not be effective until the najor subdivision is approved by the Planning and Environmental coruoission and is recorded by the Town of Vail at the Eagle County Clerk and Recorders Office. The najor subdivision shall be recorded at the Eagle County Clerk and Recorderrs Office before a building permit is released for any construction on the subdivision including conmon improvements as well as individual residences. The development of Special Developroent District No. l-5 will have impacts on the available enPloyee housing within the Upper Eagle Valley Area. In order to help neet this additional employee housing need, the developer of Special f. 13 B. c. Developnent Dlstrict No. 16 shall provide employee housing on site. The following restristions shall apply to all employee dwelling units within SDD No. 16: The developer shall build a uininum of one enployee dvelling unit within the subdivision. Each enptoyee dwelling unit shall have a nininun square footage of 4OO square feet, not to exceed 5oo square feet, and is allowed to have a kitchen. The developer nay provide up to 5 enployee dwellLng units, includi.ng the 1 reguired dwelling unit, 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 enployee dwelling unit shall be allowed per lot. An enployee dwelling shall be incorporated into the structure of the prinary residence and shall not be allowed to be separated fron the prinary unit. Each enployee dweJ-Iing unit shall have one enclosed etarage parking space. This parking space shall not be detached from the single-farnily garage or structure. The employee dwelling unit shall be prohibited from having a wood burning firepl.ace. The enployee dwelling unit shall be restricted as a rental enployee dwelling unit pernanently. The enployee dwelling unit shall not be leased or rented for any period of less than 3o consecutive days, and that if rented, it shall be rented only to tenants who are full-tiure employees in the Upper Eagle ValLey. The Upper Eagle Valley shall be deened to include the Gore Valley, llinturn, Red Cliff, Gihnan' Eagle-Vai1, and Avon and their surrounding areas. A full- time employee is a person nho works an average of 3o hours per week. An ernployee dwelling unit shall not be divided into any form of tine-share, interval ownership' or fractional fee ownership. The enployee dwelling unit shall not be sold, transferred or conveyed separately frorn the single fanily unit. The owner of each enployee dwelling unit shall be reguired to declare in writing, on an annual basis to the Town of Vail , that the enployee dwelling unit has been rented as a long tertn rental per the requirements outlined in this section. This declaration shall include a written statement o D. fron the orrner listing the renterrs nane, place of enplolment, and length of tirne the unit sas rented. The declaration shall be required to be signed by both the lot owner and renter. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle county Clerk and Recorder in the forrtr approved by the Town Attorney, for the benefit of the Tolrn, to ensure that the restrictions herein shall run nith the land before a building pernit is released for the construction of any enployee dwelling unit. The Town of Vail shall be a party to this ernployee housing agreement. The developer and Town shall enter into a developerrs agreement which shall. provide that no Final Plat for subdivision shall be signed by the Totm unless security is provided by the developer to ensure cornpletion of the improvenents as designated in the applicantrs phasing plan for the project, per tbe staff menorandum, dated April s, 1990, Section V, 9. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the Fina1 Plat is recorded at the Eagle County Clerk and Recorderrs office. The Town of Vail shal1 be party to these agreements. Section 6. Amendments Amendments to SDD No. 16 shall follow the Procedures contained in Section 18.40.100 of the Vail l'{unicipal Code. Section 7. Expiration The applicant must begin construction of the Special Developrnent District within 3 years from the tiue of its final approval , and continue diligently toward conpletion of the project- ff the applicant does not begin and diligently work toward the conpletion of the Special Development District or any stage of the special Development District within the tirne llnits imposed by the preceding subsection, the Planning and Environmental Commission sha1l review the Special Development District. They shall recomnend to the Town Council that either the approval of the Special Developnent District be extended, that the approval of the Special Developrnent District be revoked, or that the Special Development District be amended. E. Section 8. If any part, section, subsection, sentence' clause or phrase of this ordinance is for any reason held to be invalJ.d, such decision shall not affect tlre validity of the remaining portions of this ordinance; and the Town council hereby declares it sould have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or rnore parts, sections, subsectionsr sentences, clauses or phrases be declared invalid. Section 9. The Town Council hereby finds, deternines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 10. The repeal or the repeal and reenactnent of any provisions of the Vail l{unicipal Code as provided in this ordinance shall not affect any right which has accrued, any duty iroposed, any vLolation that occurred prior to ttre effective date hereof, any prosecution comnenced, nor any other action or proceeding as comnenced 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. Section 11. All bylaws, orders, resolutions and ordinancesr or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer slrall not be construed to revise any bylaw, order, resolution or ordinance' or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS - dAY Of , 1990, and a public hearing shall be held on this Ordinance on the day of , 1990 at 7:30 p.n. in the Council chanbers of the vail Municipal Building, VaiI, Colorado. ordered published in full this - day of , 1990. Kent R. Rose, lllayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND RIADING AND ORDERED PUBLISTIED this - day of ,1990. Kent R. Rose, l,layor ATTEST: Pamela A. Brandmeyer, To$tn Clerk L0 oo MINUTES VAIL TOUN COUNCIL MEETING MAY 1, 1990 7:30 P .14. A regu'lar meeting of the Vail p.m., in the Council Chambers I,IEI4BERS PRESENT:(ent Rose, Mayor Lynn Fritzlen Jim Gibson Merv Lapin Robert LeVine Peggy 0sterfoss Ton Steinberg, Mayor Pro Tem Charlie llick, Assistant Town filanager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk TI,IEMBERS ABSENT: TO}IN OFFICIALS PRESENT: The first item on the agenda was approval of minutes of the April 3 and 17, 1990, neetings. Rob LeVine moved to approve the minutes as presented, with a second coming from Lynn Fritzlen . A vote was taken and the vote passed unaninously 5-0. At this point in the meeting Merv Lapin was absent. Item number two was Citizen Participation. There being no Citizen Participation, the council moved to item number three. Item number three was an appeal of the Planning and Environmental Comnlssion decisions regarding the redevelopment of the Red Lion building (Conditional use ,permit, Stream setback variance, Site coverage variance, and an Exterior alteration). Kristan Pritz initiated the discussion by calling the Council's attention to an April 27, 1990, memo from Community Development in regard to the appeal of the Red Lion redevelopment approvals and Ordinance No. 16, Series of 1990. She stated five separate motjons eventually wou'l d be made to deal with various considerations before the council. To be considered prior to the reading of Ordinance 16, 1990, were the fo'l lowing: 1. A site coverage variance to permit a .25 percent increase in thjs property's site coverage. This request was approved by a Planning Commission 6-1 vote. A motion to uphold or overturn this request wou'ld be necessary. 2. A stream setback variance to allow a two foot encroachment into the required thirty foot stream setback. This request was approved by a 6-1 Planning Conunission vote. A motion to uphold or overturn this request would be necessary. 3. A conditiona'l use permit for an outdoor dining deck on the east side of the Red Lion bui'l ding. This request v{as approved by a 7-0 P'l anning Comlssion vote. A motion to upho'ld or overturn this request would be necessary. 4. An exterior a'lteration to add enclosed floor area to the Red L'ion bui'ldjng. This request was approved by a 5-2 Planning Conmission vote, with 11 conditions as outlined in the April 17, 1990, memorandum to the Town Council. The council asked the app'licant to agree to a 12th condition at the May lst meeting. The 12th condition to be added to this approval would require the owner to pay an incrementa'l increase in parking fees that may be established within two years from the time a building pernit is issued for this project. A motion to uphold or overturn this request would be necessary. Itlerv Lapin arrived at 7:55 P.M. Kristan further specified that if the Planning Commission's approva] of these four reguests were to be upheld by the Town Council, the Council should conditlon their approval upon the passage of Ordinance No. 16, Series of 1990, a modification of a View Corridor #1 . Kristan stated that the PEC reconunended approval of the View oo Town Council was he'ld on Tuesday, May 1, 1990, at 7:30 of the Vail Municipal Building. t * oo oo Corridor amendment by a vote of 6-1 in favor, with two condjtions. She further stated the Ordinance was approved by a 4-2 Council vote at the first reading in April, and a motion to approve or deny 0rdinance No. 16, Series of 1990, with two reconmended conditions as outlined in the April 17, 1990, memorandum, wou1 d be requested. Kristan advised Council to focus on the appeal of the entire project in cons'ideration of each of the variances and the condjtional use permit that were being requested in order to complete the project. The first area to be discussed was the exterior alteration review criteria. Included in this was the discussion of the urban design guide plan and urban design considerations which included the fo'l lowing: a: pedestriazation b: vehicular penetrat'ion c: streetscape frarnework d: street enclosure e: street edge f: building height g: views and foca'l point h: service and de'l ivery i: sun/shade j: architectura'l and landscape consjderation. Al'l detai'l s were presented as described in the March 19th, 1990, memorandum from Community Development to the Planning and Environmental Commjssion. Information in regard to the Stream setback variance to allow a two foot encroachment into the required thirty foot stream setback was discussed next, with reference to the March 19, 1990, memorandum. Revlew criteria for each variance and the conditional use permit were presented for Council consi derati on . The third item to be considered was a conditional use permit for an outdoor dining deck on the east side of the Red Lion building. The fourth item was a site coverage variance to allow for an entry on the east side of the Red Lion. Kristan explained that at the PEC's regular meeting, April 9, 1990, approvals were given on those items. PEC conditions of approval per the April 17th staff memo for the project included: 1. As a part of this redevelopment, the applicants agree to point and repair the brick wall along Bridge Street and in the area of the small Plaza to the northwest corner of the site. Improvements to this Plaza may also include upgrading existing benches, planters, newspaper box and trash receptacle locations and landscaping. 2. The Streetscape improvements shown along Hanson Ranch Road are considered conceptual and the applicants shall agree to work with the Staff and l'linston & Associates in refining this design relative to the Vail Village Streetscape P1an. Thjs condition shall also apply to the Plaza area referenced in condjtion #1 and the landscape improvements proposed adjacent to ftlill Creek. 3. All windows located on stucco walI plains shall be recessed a minimum of three jnches. 4. State-of-the-art venting shalI be used to reduce negative impact (smetI, smoke, etc.) emanating from the site. 5. The owners,/developers of the residentia'l development on this site shall agree to permanently restrict gross residentia1 floor area (GRFA), building height and density on thjs site to what is permitted by this approval . The Town of Vail shal1 be a party to this restriction and the restri ction shall be recorded with the Clerk and Recorderrs 0ffice in Eagle County. These restrictjons on GRFA density and height must be acceptable to the Town Attorney as submitted by the owner and approved before recording. 6. Any trees damaged or killed within two years of the completion of this project shall be replaced with similar size and type tree. 7. The Red Lion logo shall be retajned as a part of this redevelopment in approximately the same size and 'location. 8. The developers/owners will be encouraged to participate in developing solutions to traffic, loading, and delivery problems in Vail Vi1lage. 9. The Rekord (or other type of window system instal 1ed) to the Red Lion Restaurant along Bridge Street' shall remain totally opened during business hours between June 15 and September 15 of each year. These windows may be opened at any other time duril9 the year at the discretion of the restaurant management. 10. The applicant shal'l complete stream-bank stabi'l ization work on both sides of t4ill Creek over the entire length of the Red Lion property. The final design and implementation of these improvements shall be subject to review by the Staff and the Design Review Board. 11. The owners shall agree to participate ln, and not remonstrate against, a Special Improvement District, if and when one is formed in the Village. L2. The owners/deve'l opers agree to pay any incrementa'l increase in parking fees that may be established within two years from the time a building permit is issued for this project. (This condition was accepted by the applicant's representative'_Jay Petirson, at the previous Town Council evening meeting on April 17' 1990.) 13- Approval of this exterior alteration, variances, and conditional use are contingent upon the Council giv'ing final approval to 0rdinance No. 16, Series of 1990. Kristan explained that the PEC a'l so recormended approva'l of the View Corridor Ordinance with the following conditions: 1. That the photo depicting View Corridor No. 1 be nrodified to reflect the new Red L'ion Building at a time when the expansion is completed. The Cormission preferred this alternative as opposed to modjfying the'l ine that de'l ineates the View Corridor. -?- ' .. , '. .1.-. ] oo oo 2. That the specific reasons justify'ing this request be included in the preamble of the ord'inance authorizing this anendment. At this point in the meeting discussion turned to item five rhich.yas Ordinance l{oj ',, 16, Series of 1990,-second.reading,.en 0rdinance anending 0rdinance t{0. 13, Series ('sf 1983, in order to aodify Vlew Corridor l{o. l; and setting forth details in +egard thereto. ltlayor Rose read the title in full. Kristan stated the current remodel falls within the height al'lowed in the zoning code and that Jeff l,linston had stated that in coming up with the original View Corridors, the consideration was to preserve the visual connection between the parking structure and the mountain and to maintain the views of the mountain, the Clocktower, and the Rucksack Tower. It was Jeff llinston's feeling that the line could have been drawn at the Go'lden Peak House Ridge and the objective of this corridor would have been met. The proposed Red Lion Ridge would not diminish any view of Vail l,lountain. In regard to the height of the building, the applicants had provided a cross section of the Village from the Parking Structure to the Golden Peak House. This was done to demonstrate whether any other properties would encroach into the View Corridor, if they were redeveloped within the forty-three foot height limit. Larry Eskwith djscussed whether the nonconforming height of the Golden Peak House was lega1 and referenced 18.64.090 unden the zoning code, restorations. Also, Larry pointed out a section on structures and site improvements and stated that a nonconforming use cannot become more nonconforming through a remodel. However, the Golden Peak House could be bu'ilt back to its existing height so long as the area of the roof that was nonconforming was not increased in area or height through a remode'l . He stated that this decision regarding the Red Lion would not create a problem. Kent Rose stated he believed the amendment to the view corridor did not go against the intent of the ordinance or the purpose of this specific view corridor. Rob LeVine questioned Item No. 4 and the state-of-the-art venting on the roof and received an explanation about the stacked chimney arrangement. Jay Peterson, representing the applicants, Frankie and 0scar Tang, presented additional information from individua'ls within the corrmunity. Jim Morter, acting as architect for the project and Dan Corcoran, field engineer, spoke on behalf of the project, with Dan Corcoran stating that as a PEC member at the time view corridors were first discussed in the Town of Vail, he had discussed the process used in designations, their history, and thejr intent. His opinion was that the intent of the view corridor was being met. Further discussion from the audience included El la Knox and Gordon Brittan, who spoke out against the granting of these variances, the conditional use permit and the change or the modification in the view corridor ordinance. Speaking for the project were Oscar Tang, Diana Donovan and Jack Curtin, representing Mrs. Cort'l andt Hill. At this time, Merv Lapin moved to uphold the Planning Connrission decision to allow the exterior alteration based on the staff memorandum dated April 17, 1990' and incorporating conditions 1 through 13 as previously stated, in his motion, with amended conditions as follows: 1. Amend condition 5 to say this agreement sha'l I be submitted by the owner and approved by the Town Attorney before a building permit ls released. 2. Amend condition # 8 to state if a central trash area is built in the Village, the owners wou'ld agree to use the trash faci'l ity and "will be encouraged" changed to t'wiI1 participate in.t' 3. Conditions # 12 and 13,as prevjously stated on page 2 of these mlnutes, are i ncl uded. 4. Condition 14 was added to state, "The proposed additlon of the enc-losed deck along Bridge Street wi1 'l have a glass roof and be as transparent as possi bl e. This motion was seconded by Peg Osterfoss, a vote was taken, and the motion passed unanimously, 6-0 in favor. In regard to the stream setback variance to allow a 2 foot encroachment into the required 30 foot stream setback, Peggy 0sterfoss moved to grant this variance to uphold the Planning Commission recommendation to approve, based on the fact this was not granting special privilege, was not detrimental to the health, safety and we'lfare of the community, and there were extraordinary circumstances in that the Red Lion bui'lding is already located within the stream tract setback. Jim Gibson seconded this motion. A vote was taken and the motion passed unanimously, 6-0. -3- oo oo The third item to be considered was the site coverage variance on the east sjde of the building. Rob LeVine moved to uphold the Planning Commission recommendation based on the April 17, 1990, memo and based on findings that this did not grant special privilege, it was not detrimenta'l or injuri ous to the pub'l ic, and there were extraordinary c'i rcumstances that would warrant the granting of this motion. Peggy 0sterfoss seconded this motion and the motion passed 5 to 1, with Merv Lapin votjng against that notion. The last item to be discussed was the conditional use permit for an outdoor patio to the building in Vail Village. Peggy Osterfoss moved to approve the conditjonal use permit, stating al'l criterja in the staff memo of April 17, 1990, were met. Merv Lapin seconded this motion. A vote was taken and the motion passed unanimously,6-0. At this time, Merv Lapin moved to place a further condition on each of the variances and conditiona] use permit votes that had just been taken, stating that passage of each of these were condjtional on passage of Ordinance 16, 1990. Peggy Osterfoss seconded thjs motjon. A vote taken and the motion passed unanimously,6-0. - trtem #4 on the,Council agenda was Ordinance #16, Series of 1990, a second reading .. on the ordinance amending View Corridor #1. Peggy 0sterfoss moved to pass this - ordinance on second reading, with Rob LeVine seconding that motion. Peggy stated the intent of the view corridor would be kept jntact by modifying View Corridor #1, and adding, there is a provision in the 0rdinance for making minor changes to the view corridor and that the change was not specifical ly for this project. A vote was taken and the motion passed 4-2, with Merv Lapin and Jim Gibson voting against that motion. The means for amending the ridge line is stipulated in 0rdinance No. 16, Series of 1990, Section 1. Given the late hour, a 10-minute break was taken. The next item on the agenda was 0rdinance #17, Series of 1990, filst reading, an ordinance repealing and reenacting 0rdjnance #32, Series of 1987, to provide changes to Special Development District #16, that concern a reduction of the number of units permitted, adjusting the gross residential floor area per unit, employee dwelling units and architectural gu'i de1 ines, and setting fonth details in regard thereto. Mayor Rose read the title in full. Mike Mollica handled the presentation on behalf of the staff. He stated the Planning Commission on April 9, 1990, had unanimous'ly recommended approval of the amendment to SDD #16 and had unanimously approved the preliminary plan for the Elk Meadows Subdivision. Both were approved by vote 6-0. The applicant's requests were as follows: 1. The current proposal is for a subdivision of the 3.6 acre parcel into five building sites for enve'l opes. The envelopes would range in size from 3,397 square feet to 6,141 square feet and each envelope would be a'l 'l owed one s'i ngle family dwelling plus one employee restricted rental unit as defined in Section V,B,2 of the Apri 1 9th memo from Community Development Planning Conmission. The remainder of the site would consist of ?5,700 square feet for roadway and parking and 2.5 acres to be dedicated as open space' 2. The total gross residential floor area (GRFA) designated for Phase III in The Val1ey is 16,000 square feet. This wou'l d allow each dwelling unit within the project a maximum of 3200 square feet of GRFA. 3. Access to Lots 1 through 4 would be via a private 22 foot wide cormon access drive off of Lion's Ridge Loop Road. This road is current'ly roughed in p1ace. Access to lot 5 would be from an indivjdual driveway cut from Lion's Ridge Loop Road. The jndividua'l driveway cut would minimize the amount of asphalt paving 'in the open meadow' Mike went on to discuss the background for this particular project as well as an evaluation of the criteria for a major subdivision. He discussed Special Development Djstrict review criteria and included the following items: a. Reasons for an SDD zoning. b. Design standards which include: 1. Design compatibi'l ity and sensitivity to the irmediate environment, neighborhood and adjacent properties re1 ative to architectural design scaie, building heights, buffer zones, identity, character' visual integritY, and orientation. -4- oo to 2. Uses, activity, and density, which provide a compat'ible, efficient, and workable relationship w'ith surrounding uses and activity. 3. Compliance with parking and loading requirements as outlined in Chapter 18.52. 4. Conformity with applicab'le elements of the Vail Comprehensive Plan Town Policies and Urban Design Plans. Specifically, he stated the Land Use Plan identjfies this parcel as one which is suitable for medium density residential uses, a1 lowing from 3 to 14 dwelling units per bu'i ldable acre. 5. Identification and mitigation of natural and/or geologic hazards that affect the property on which this Special Development Distrlct js proposed, further stating that the site is located within a high severity rock fall zone and specifying the nitigation methods to be used. 6. Site p1an, building design and location, and open space provisions designed to produce a functiona'l deve'l opnent, responsive and sensitive to natural features, vegetation and overall aesthetic quality of the communi ty. 7. A circu'lation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views, and functi ons. 9. Phas'ing plan or subdivision plan that will maintain a workable, functiona'l and efficient re'l ationship throughout the development of the Specjal Development District. He next compared the proposed SOD to undeilying residentia'l cluster zone districts and went on to state that the staff recommendation was for approval of the preliminary plan of a major subdivision and the revisions to SDD #16 for E1 k Meadows. The staff recormendation for approval of this preliminary plan for the major subdivision includes the following conditions: 1. The development of each building envelope will comply with the rockfa'll mitigation reports prepared by Nicholas Lampires, project geologist and Donald G. Pettygrove, P.E., project manager with Banner Associates, Inc. Such reports are dated February 23, 1987, February 25, t987, June 12, 1987' June 15, 1987, July 22, L987, and March 12, 1990, and wi1l be kept on file in the Town's Corrnunity Development 0ffices. Each individual lot owner wi'l 'l be responsible for conpleting the hazard mitigation for their 1ot per the above-named reports. This restriction shalI be noted on the final pl at. 2. The staff recommendation for approval of the major amendment to SDD #16 i ncl uded the fo1'l ow j ng condi ti ons: a. That approval of this major amendment to SDD #16 be contingent upon PEC approval of the final plat for the subdivision, and b. That the developer construct a minimum of one (1) employee dwelling unit and that said employee dwelling unit be a part of either the first or second building permit for the proiect. All employee dwelling units shall meet the criteria'l isted in Sections V,8,2 of this nemo. No portion of the bui'lding may overlap the building r €llvel ope. Mike further stated prior to the recordation of the final p1at, a written agreement between the Town and the subdivider will be required ln order to guarantee the construction and maintenance of the proposed lmprovements. This agreenent shalI be in accordance with Section 17.16.250 of the Town Subdivision Regulations, and following discussion it was decided a'letter of cred'it wou1 d suffice. It was also noted that in respect to SDD approvals the applicant must begin construction of the Special Development District within three (3) years from the time of the proJect's final approval , according to Section 18.40.120 of the Town of Vail Zoning Code. -5- oa At this time, Rob Levine moved to Fritzlen seconded that motion. A this motion. At thjs point, Merv There being no further business, ATTEST: Minutes taken by Pam Brandmeyer oo approve Ordinance #17, Series of 1990, vote was taken and the vote was 5-0 in Lapin had stepped out of the room. this meeting was adjourned at 12:10 a.m. Respectful ly submi tted, and Lynn favor of -6- I I AssocLatlon sball be eent certlfied nail , poetage prepatd, to the address of the Association as designated in the bylars of the Aesoclation. 15. EFFEST AND DI'RATION OF DECIARATION: lfhe conditl.ons,restrictlone, etipulations, obligations, agreenents and covenants contal.ned hereLn shall be for the benefit of and bindlng upon each and every part of the Subdivision and each Onner, hls heirs,personal representatives, Buccessors and assigns and ehall continue in full force and effect until Januar? 1 Ln the year 2007 A.D., and thereafter for succesEive perlods of 10 years each, unleEe this lleclaration during any euch perlod is terninated, as provided hereinbelow, by recorded lnstrunent directing termination. L7. AT.IENDI{ENTS: The condltions, restrictl,ons,etipulatlons, obligations, agreenents and covenants contaLned herein shall not be abandoned, terninated or anended except by rritten consent of 75 percent of the Orrners and 75 percent of the Firet Lienors, except (i) that the provisions of Paragraph 6 and subparagraph 9(a) nay be abandoned, terminated or anended only upon euch approval of all Onners and all First LienorEi and (ii)that the provisions of Paragrapb 3 and subparagraphs {(a),4(i)(i), 4(i)(ii), 4(i)(iii) and 4(i)(iv) herein nay be abandoned, teninated or .nended only upon obtalnLng the addltional approval of the Toun of Vail . 18. EFFEgf OF PROVISIONS OF DECIARATION: Each provision of this Declaration and agreement, promlse, covenant, undertakLng to conply with each provisLon of this tleclaration and any necesaary exception or reserrration or grant of title, eetate, right or interest to effectuate any provision of thie Declaratl.on: (i)shall be deemed incorlporated in each deed or other instnrnent by shlch any right, title or interest in any Bullding Envelope or Tract is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instnrnenti (ii) shall, by virtue of acceptance of any right, tLtle or Lnterest Ln any Building Envelope or Tract by an owner, be deened accepted,ratified, adopted and declared as a personal covenant of such Owner and, as a perBonal covenant, shall be binding on such Owner, his heire, personal representatives, Buccessore and assigns, and shall be deerned a personal covenant to, with and for the benefit of the Assocl.ation and of each owneri and (iit) shall be deened a real covenant by Declarant, for itself, lts BucceEsore and assigns and also an equitable sernitude nrnning,in each caae, aE a burden with and upon the title to each and every Buildlng Envelope and Tract. 19. ENFORCEUENT: In addition to any other rlghtE granted herein, if any person shall violate or threaten to violate any of the proviEions of this Declaratl.on, Lt ehall be lawful for the AsEociation, the Coumittee or any ovner to institute proceedlnge at law or in equity to enforce the provlslons of thiE Declaration, to restrain the person vlolatlng or threatenlnE to vlolate then, and to recover damages, actual and punltive, and coBts together yith reasonable attorneyts fees for guch violations. 20. CENERAL: (a) If any of the provisions of thie Declaration or any paragraph, sentence, clause, phrase or rord,or the appllcation ttrereof in any circunstance be invalidated, such Lnvalidlty shall not affect the validity of the remalnder of thle Declaration, and the appticatlon of any such provisi-on, paragraph, sentence, clause, phrase or word in any other cLrcunstances sball not be affected thereby. (b) llhenever uEed herein, unleaE the context ehall otherrrise provide, tlre singrular nunber Ehall include the plural, the plural the singular, and the uEe of any gender shall lnclude all genders. 13 EXACUTED effective as of STATE OF COI'R,ADO COI'NTY OF EAGLE ) ) ) ss. The fgregoing instrument was acknowJ.edged before ne this day of (lr,at- , 1990, by Bradley R. Tjossen and Susan Tjossen. U 9litness my hand and official seal . Gcolhnnr tknanrer ilery pdblic My conmission ex;rires: *fffiffiffi.ffi?rl# _*L. BradIe Susan L. Tjossen L4 COHEN CONSTRUCTIONn c. To whoni it rnay concern,|",Vti 't4, l99C Tiie follcwin': are estimated coSis icr Eli: i"ieado',,v3 Su5civi";cn ia--^"^s^'i- -^^^3ment ior Bi^aC and Susan Tics-.en. Th;s is not a formal llllpr uvgi trllLS d,.,1| YYI trl lL I ur rJr g,.j 4r ru bio oi pr0p0Eai,'but insieaC repre-qet^rts esiirna:ei cc:i: 0ase'i uoon all available iniormation a'"'ihe ijnie oi',-his'oiiitin,l, anc iir irli op'inion, acciraiely" represents the costs cf the listerj iierns a: ii'1s tlrne Depeniii''c uoon ihe time ci actrual ccnsti^rat,oi^i ,::re3e;l=l'.-r3 rray cc3: I rr- rn+n rh^ :iat.r-i arr+c lll\Jl g, Ul 1trJ9, Lr ,Al I Ll ltr ; lJLg\l L\,/.] LJ. 1 r\^-i a-a^ a- ", -^-,n2'|f narrini': {:n R'1'1 '\n i-^'^ i-' 4^^-5 li^' ,'s erP!g ' L ye ' i' rY eaS'i-w afi i0 i..riiiSi iul^, J. ? F'i ro hrrr',|rant $4,500.00 comolete instal lation, Respectf ul ly subnr i ted, 6^f P-t"' Guy Pzirker Cohen Const. lnc. p.o. Box 837 / VAIL, co 81658 / 303-476-467 ARROW EXCAVATING Po. Bor lc){ {t€€+++3dc€s! e A(,,. Co YKzt 3rs-4s9? ?a,cPusae. Foru i E t h )z7c,aoo.qJs 4ccus Ko4 o €re*),17to,t> Frza- <-f t{ fo €uo oF R44O 1 Foot t<L4-s46LL or<c orrz? 'Sai 7Js 4 6rar ropsorA- €tc.4c),ttrouJ l7 Si 7/s Sfattc-fdlLAL FttL S!1,i,( /"rtuL - ta,J g%? f a Yi', r' i r'4i i " ( ir' '' 4(^'c, // I srso l7ss" yJs x T,<t*cf116q ?L{cr-./n,? NT Z ,./? Pa /LT /.6i = e?oo roars Q, 6oo PLaS (aarP,(<-trou} t9, t,/o /5, t 2.{ ?ol.o e/'zorT oi TorsotL 5n4LL3 " 17<514 Y lo 7o E,(P+,Dsro t) = /? 3o 7ds /<l 3o ,7 ds (o oo Fea 1/ \At w /1,{8a /VLT 4os-7- oF <o4D &'LOcttt'D # 31'tsf o K " PUBLIC NOTICE NotrICE Is HEREBy GIVEN that the Planning and Environmental Counission of the To$n of Vail slll hold a pubttc hearing Ln accordance vith Section 18.66.050 of the rnunicipal code of the Town of vail on April 9, 1990 at 3:oo p.n. ln the Town of Vail ttuniclpal Buildlng. Consideratl.on of: 1. A reguest for an exterior alteratlon and a setbac* variance for fhe Llfthouse lodge, located at Block 1, Tract c' site c (555 East Lionshead Circle) ApplLcant: Llfthouse Condoninl.un Association 2. A request for a final plat for a naJor Eubdivieion and for sDD Nc. 22, a resubdivl.sion of LotE 1-19, Block 2, Lionsridge Filing No. 3.Applicani: Pat Dauphinais, Dauphinal-s-Moseley constnrctlon. 3. A request for a side setback variance at Bighorn Terrace unit #D-?, 4242 East colunbine WaY.Applicant: Kathryn Benystt 4. A request for a naJor subdivlsion and for a uajor amen'{tnent to SOO No. 16 on a portion of Parcel A, Lionrs Ridge Subdivision, Filing No. 2 (The valley - Phase IfI) Applicant: Brad and susan Tjossern 5. A request for a conditional use for a L,earning center. Lab I'n the lower level of the proposed parking structure at the Vail Valley ltedical Cenler on Lots E and F, Vail Village 2nd Filing (181 West l{eadow Drive).Applicant: Vail Val1ey Uedical center- 6. A reguest for a najor amendnent to fPecial Developnent oistiict No. 7 (The l{arriott }tark) ln order to add 57 tfuneshare units and 8 enployee housing units. Applicant: li[arriott corPoration. 7. A request for an exterior alteration, ttream setback variince, view corridor anendment, site coverage variance, and conditional uee for a deck enclosure and nerr outdoor patio for the Red Lion Building.lpplicant: Frankie Tang and Landmark Properties information about the proposalg are inspection in the Conrnunity Developnent The applications and available for public Departnent office. Town of Vail Connunity Development Published in the Vail Departuent Trail on llarch 23, 1990. Project Application out" 5'/6'70 Proiect Name: -Z/ /r/ o Proiect Description: Contact Person and Owner. Address and Phone: Architect, Address and Phone: Legal Description: Lot Block Filing Zone - Comments: Design Review Board Motion by: ouru 5./b,7o DISAPPROVAL Seconded by:/' ^*4rt 5^o Summary: Town Planner E Statt Approval o 7 :30 7:35 7:50 Kristan Pri tz 8:50 Kni stan Pritz 9:20 Mike Mollica 2. ? VAIL TOhlN COUNCIL REGULAR IVIEETING TUESDAY, MAY 1, 1990 7:30 p.m. EXPANDED AGENDA Approval of Minutes of April 3 and 17, 1990 Meetings CITIZEN PARTICIPATION Appeal of Planning and Environmental Commission decisions regarding the redevelopment of the Red L'i on Building (conditional use permit, stream setback vari ance, site coverage variance, and an exterior alteration) at 304 Bridge Street, 'l ots e,f,g,h, Block S, VaiI ViIlage First Fi1ing. Appf icants: Landmark Cormercial Development Company and Retaserv Corporation. Action Requested of Council: Uphold or overturn the PEC's decisions. Background Rationale: 0n April 9, the PEC approved a conditional use perrnit (7-0), a stream setback variance (6-1), a site coverage variance (6-1), and an exterior altenation (5-2) in order to allow the redevelopment of the Red Lion Building. This review was prompted by the appeal of an adjacent property owner and the Council's recalI of this proposal . One additional condition requested by the Counci|, and agreed to by the applicant, is as fo] lows: The applicant agrees to pay any increase in the CCI parking fee if said increase is rnade within two years from the issuance of a bui'l ding permit for thjs project. Staff Recommendationr Uohold the PEC decisions. 4. 0rdinance No. 16, Seri es of 1990, second reading, an ordjnance amending View Corridor #1 as relating to the redevelopment of the Red Lion Building at 304 Bridge Street, Lots e,f,g,h, Block S, Vail Village First Filing. App'l 'i cant: Retaserv Corporati on. Action Requested of Counc'i 'l : Approve/modify/deny 0rdinance No. 16, Series of 1990, on second reading. Background Rationale: This is the second reading of this ordinance. Refer to accompanying memos for background on th'i s request. Staff Recommendation: Approve Ordinance No. 16, Series of @ing. a request of Parcel Valley, Phase Actjon Requested of Counci'l : _ Approve,/deny/modify Ordinance No. 17, Series of 1990, on first reading. Background Rationa'l e: The PEC, on Apri 1 9, 1990, unanimou-1y recommended approva'l of the amendment to SDD No. 16, and unanimously approved the prel iminary plan for the Elk Meadows Subdivjsion. Both were approved by votes of 6-0. Staff Reconnnendation: Approve Ordinance No. 17, Series of ffing. 9:45 6. Adi ournment oFTmffi'r amendment to SDD No. 16 on por Filing No. INTEP.-DEPARTI'IENTAL REV I EI,I P?.OJECT: DATE SUEI,UTTED: 3, tz. ?O C0|.'I'4ENTS tf EEDE0 B\: 3. Zt , ?o BRIEF DESCRIPTION OF THE PROPOSAL: Pt'BLIC }IORKS *tttr*M /rt4.og 5)) n^.aolnu*t Jttotzto' k_ ,uyy- .* "rOo ,(,L.u* rr{. L,> 0( - A) LvL tu/s..-. ,rLr.l /, J"ot ^,1 L ,L_lt F,WTfr'L Tur..n -ror,'*). / I FIRE DEPA.RTI4ENT Reviewed by: Conments:Artzss tl- POLICE OEPARTI4ENT 7 Revier'red by: Comnerrts: Z'b- &w Date ..tal *z -* .k ; "/a/4 oirJ." , ' * / ,.*. X,e.-€ .or- "-il 7 RECiEATi OH DEPARTI.IINT Revleaed.by: Co;;ents: I 'l r/\9 S -ftqt" *;;t"*? A lr,* hl g fr;u.l- J*',2.oK-- n) vr* 57uk:,#:. 4 v t /*H1^5"1-*r;Z5 vear S{".,-^' ';+ - /o ,.f, ^ /* L,iJ-h J, T Xt{"J tn 6/n-r^*c- rc,u*l-:PARTI,IFNT ? ' TO: Planning and Environmental Corn"rission FRolt: Department of Cornrnunity Developnent DATE: April 9, 1990 SUBJECT: A request for a major subdivision and for a najor arnendment to sDD No. 15 on a portion of Parcel A, Lionrs Ridge Subdivision, Filing No. 2 (The Valley - Phase III) Applicant: Erad and Susan Tjossen I. DESCRIPTION OF THE REOUEST The applicants are requesting a major amenduent to sDD No. 16 and a major subdivision for the Valley, Phase III, also know as Elk lteadows. The reguests will require two PEC decisions: 1. The review of a prelirninary plan for the najor subdivision request. 2. The review of the SDD amendment request. The recom:nendation of the PEC on the SDD will be forwarded to Town Council for final review. The applicantrs requests are summarized below: 1. The current proposal is for the subdivision of the 3.6 acre parcel into five building sites, or rrenvelopesrt. The rrenvelopesrr would range in size from 3,397 sq. ft. to 5rL41 sq. ft., and eacb envelope would be allowed one single-family dwe1ling, plus one enployee- restricted, rental unit as defined in section v'B'2 of this merno. At a minimum' one of the five lots wiII be recruired to provide such a rental unit. The remainder of the site would consist of 25'7oo sq. ft. for roadway and parking, and 2.5 acres to be dedicated as open space. 2. The total cross Residential Floor Area (GRFA) designated for Phase flf in The Valley is ts,000 sq. ft. This would allow each dwelling unit within the project a maximum of 3200 sq. ft of GRFA. 3. Access to Lots 1-4 would be via a private,22t ttide conmon access drive off of Lionsridge Loop Road. This road is currently roughed-in place. Access to Lot 5 would be from an individual driveway cut fron Lionsridge Loop Road. The individual driveway cut will minimize the amount of asPhalt paving in the open roeadow. II.BACKGROUND The Valley project was originally designed as a planned deveJ-oprnent of 150 units on 61.2 acres. On July 26, L9731 the Eagle County Cornrnissioners approved a preliminary plan with a Planned Unit Development zone designation. The approval of the prelininary plan was valid for three years. fn July of 1976 the original prelininary plan approval expired. However, the Planned Unit Development zone designation remained on The Valley. The zone designation for Phase III allowed for 1o dwelling units and a total GRFA of 16,O0O square feet. The developer was required to resubmit a sketch plan and prelininary plan once the approval had expired. From the Townrs planning files, it appears that several requests to extend the approvals of the preliminary plan were granted by the County Cornmissioners. In March of 1980, the PUD plan and protective covenants were filed with the County. Once again, this docurnent indicates that 10 units and a GRFA of 15,000 square feet exists for Phase III. In 1980, the West Vail area hras annexed to the Town of Vail. The Toldn accepted the 10 unit and 16,000 GRFA as the allowed development for Phase III of The Valtey in March of 1981. Subseguently, The Valley was de-annexed from the Town of Vail and re-annexed in May of 1987. (Please see the enclosed sunmary of events relating to The Valley Phase III attached to this meno.) The Tonnts information indicates that it is very clear that Phase III is allowed 10 units and a GRF'A of l6rOOO square feet. fn L981, the Town of Vail accepted the zoning of l-0 units and 15,oo0 square feet of GRFA as the development standard for the property. ordinance 13 of 198L acknowledges the land use restrictions of 10 units and 16,000 square feet of GRFA but states that, rrfor any zoning purpose beyond the Eagle County Commissionersr approvals, agreements, or actions, the development of parcels of properties specified in this subsection (E) shall be zoned Residential Cluster. " For this reason, the Special Development District has been compared to the underlying zone district of Residential cluster which serves as a guide for the development standards of this phase. On July 7, L987, the Town Council approved Ordlnance No. L9, Series of X987, which approved the development Plan for SDD No. 16, Efk Ueadoets. NLne dwelling unita were apProved. On Septenber 15, L987, the Town Council approved Ordinance No. 32, Series of 1987, which anended sDD No. 16 by reducing the project's density to seven' eingle-fanily dwelling units. AII other aspects of the developnent renained the same. Honever, the developer has failed to record a Final Plat for the project. IIT. EVALUATION OF CRITERTA FOR IiIA,.TOR SUBDIVTSION The PEc review criteria for najor subdivisions are found in Section L7.L6.110 of the Townrs Subdlvision regulations and are as follows: rrThe 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 zoninq ordinance, and other pertinent regulations that the PEc deens applicable. Due consideration shall be given to the recornmendations nade by public agencies, utility conpanies, and other agencies consulted under Section L7.16.090. The PEC 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 conpatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the town, environmental integrity and comPatibility with the surrounding land uses.!r A. Rrblic Acrencv and Utilltv Conpanv Reviews: Notification has been mailed to the following agencies, and as of this date no cornrrents have been recelved by the Towns 1. upper Eagle Valtey Sanitation District.2. Public Service Company of Colorado 3. Holy Cross Electric Association.4. Mountain Bell.5. Heritage Cablevision.5. National Forest Service.7. Conments fron the Town of Vail Public Works' Fire and Police Departments have been J.ncorporated into this neruo. B. Relationship of Proposal to Town of Vail Policies: Staff believes that the design of the subdivision and the recornnendations nade in the environrnental impact report will create a project that meets the intent of Vail's subdivision controls. The density is actually J.ess than what was originally approved for the site by fi.ve units. The EIR states that the potential negative inpacts of the proposal include the rrvisual irnpacts and impacts associated with the location of the site within a rockfall hazard arearr (see attached rockfall study). Staffrs opinion is that the developer has designed a plan that protects the open meadow area as nuch as possible, given the high severity rockfall hazard and slope constraints on tbe northern portion of the Iot.In addition, design guidelines are incorporated into the SDD zoning which will I'ensure architectural and visual continuity with regard to building design and materials.rt The Public Works and Fire Departments have also reviewed the request and the proposal neets their standards as far as road design, drainage, fire protection service and adequate fire truck turn- around areas. The staff finds that this proposal does neet the major subdivision criteria and actually is a significant improvement frorn the original sketch plan for Phase III that was reviewed under the County in April of 1980, as well as the existing SDn. The nain area of improvernent is the preservation of the prinary natural feature of the site--the large, open meadow. This has been accomplished by proposing the building sites on the north side of the access road. IV. EWIRONIIENTAL II,IPACT REPORT Staff did not require an additional environmental inpact report for the ctranges requested. we believe that the proposed changes do not necessitate a revised EfR. This is based on the fact that the proposed development plan is very similar to the development plan addressed in the original EIR, the overall project density has been reduced to 5 dwelling units, plus five optional employee units, and that updated rockfall reports and drainage reports have been inctuded in the new submittal information. v.SPECIAL DEVEIPPUENT DISTRTCT REVIEI{ A. Reasons for SDD Zoning The proposed SDD allows for greater flexibility in the development of the land than would be possible under the underlying zoning of the property. In order to help preserive the natural scenic features of this site, building envelopes will be established which designate the areas upon the site ln which developnent will occur. The establishnent of these building envelopes will also pennit the phasing of the development to proceed according to each individual ownerrs ability to construct a residence. staff believes that the SDD provides an appropriate development plan that maintains the unique character of this site given the difficult site constraints which have been addressed in the overall design of the project. (Please see Section vI ,which relates the proposal to the underlying Residential cluster zone district. ) B. Desion Standards Section 18.40.080 of the Townrs zoning code lists nine development standards that a proposed SDD developrnent plan nust comply with. The purpose of the review is to show how the development meets the standards or to demonstrate that either one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The design standards are listed belon: 1. Desion connatibility and sensitivitv to the imnediate environrnent, neighborhood and adiacent nroPerties relative to architectural design. scale, bulk, building heicrht, buffer zones, identitv. character. visual intecrritv and orientation. The proposed SDD is actually nuch improved in respect to overall design and density of the project. Although the general site layout is sinilar to the previous SDD' the lot sizes are slightly larger than originally proposed, and the density has been reduced fron 7 units down to 5 dwelling units. It should be noted that each of the five dwelling units would have the abiJ.ity to add one employee, rental unit and that even if every lot included an enployee unit the project will not exceed ttre 10 unit density maxinun. Previous Proposed SDD SDD Lot 1 0.0647 Acres 0.095 Acres LaE 2 0.0517 Acres 0.089 Acres Lot 3 O.O534 Acres 0.078 Acres L,ot 4 O. 0483 Acres O. o93 Acres Lot 5 O.O929 Acres 0.141 Acres L'ot 6 0.0641 Acres 0.496 Acres L€t 7 0.0498 Acres O.4349 Acres The developer is also including specific architectural guidelines for the sDD (see attached). The guidelines trave been reviewed by the Deslgn Review Board and have recel.ved conceptual approval . The design guidelines will ensure consistency in the use of building materials, roof forms, general colors and landscaping. The northern property line of Phase III is approximately 25 feet from the edge of the pavement of Lionsridge Loop. llany of the existing trees in this area will remain. However, approxinately 2 dozen trees wilt be removed. Staff's opinion is that this area provides an adeguate buffer on the northern portion of the project. Phase I to the east provides access to units directly off of Lionsridge Loop. Staff prefers maintaining the public right-of-way in its natural state, as opposed to having paved access and parking areas adjacent to Lionsridge Loop. It should be noted that this speciat Development District will require that no structure be located less than 3 feet fron the northern perimeter line of the building enveloPes' nor less than 2 feet frorn the east and west building envelope perimeter lines. On the east side of Phase III, the nearest building, The Valley Condoniniums, is 190 feet from the easternmost building envelope. on the west property lines for Plrase IIf, approxinately 25 feet of open space is naintained between the building envel.ope and the western property line. No lots or structures are proposed on the south hillside of the project. This area is to be designated as open space. Uses, activitv and densitv which provide a conpatible' efficient and workable relationshio with surroundi.ncr uses and activitv. The proposed SDD amendments are essentially sinilar to the previous sDD with regard to uses, activity and the relationship with surrounding uses. The pernitted uses for Lots 1-5 are linited to single-fanily residential dwellings, with an optional enployee, rental unit and customary accessory uses. The najor amendnent to this SDD is the applicantrs request for a reduction in the projectrs density. Staff is very supportive of the request to reduce the density down to five dwelling units. we believe that such a reduction will have a positive impact on the neighborhood. In order to assist in the additional employee housing need in VaiI, the developer has agreed to provide .9!!g emptoyee dwelling unit within this subdivision. The developer nay provide up to five employee dwelling units, including the one required dwelling unit, if so desired. Enployee units shall rneet the following criteria: Eacb enployee dwelling unit shal1 have a minimum square footage of 400 square feet not to exceed 5OO square feet and is allowed to have a kitchen. The number of employee units shall. be listed under the allowable density section for Special Development District No. 16. GRFA for the ernployee dwelling units will cone out of the total enia ior the project. No additionat GRFA is reguested to allow for the ernployee units. The employee dwelling units may be located on any of the tots within the subdivision providing alI the development standards are met for each lot. only one employee dwelling unit shall be allowed per lot. An ernployee dwelling shall be incorporated into the structure of the prinary residence and shall not be allowed to be separated from the prirnary unit. Each enPloyee dwelling unit shall have one enclosed garage parking sPace. This parking space sball not be detached from the single-family garage or structure. The employee dwelling unit shall be prohibited from having a wood burning fireplace. 3. The employee dwelling unit shall be restricted as a rental ernpJ.oyee dwelling unit perrnanently. The employee dwelling unit shall not be leased or rented for any perJ.od of less tban 30 consecutive days, and that if rented, it shall be rented only to tenants nho are full-tine enployees in the Upper Eagle Val1ey. The Upper Eagle Valley shall be deemed to lnclude the Gore VaIIey, Minturn, Red cliff. Gilman, Eagle-Vail , and Avon and their surrounding areas. A full-tine enployee is a person who works an average of 3O hours per week. An eraployee 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, transferred or conveyed separately fron the single fanily unit. The owner of each enployee dwelling unit shall be required to declare in writing on an annual basis to 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 frorn the owner listing the renterrs name, place of eurployrnent, and length of tirne the unit was rented. The declaration shall be required to be signed by both the 1ot owner and renter. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County 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 building pennit is released for the construction of any employee dwelling unit. The Tolrn of Vail shall be a party to this employee housing agreement. Comnliance with parkinq and foadinq recruirements as outlined in Chapter 18.52. All parking reguirements will meet tlre Townrs standards, as outlined in Section 18.52 of the zoning code. This includes the reguired parking for the employee units. 4.Confornity with applicabl.e elenents of the Vail comprehensive PIan, Town Pollcies and Urban Design Plans. The Land Use PIan identifies this parcel as one which is suitable for rnedium densitv residential uses. llediurn Density Residential is defined in the Land Use Plan as follows: rrThe nediun density residential category includes housing which would tlpically be designed as attached units vith conmon walls. Densitles in this category would range fron 3 to 14 dwelling units per buiLdable acre. Additional tlpes of uses in this category would include prlvate rebreation facilities, private parking facilities and institutional,/public uses such as parks and open space, churches, and flre stations. rl The foltowing are the applicable land use policies regrarding this proposal: 1.6: Developnent proposals on the hillsides Ehould be evaluated on a case by case basis. Linited developnent may be pernitted for some low intensity uses in areas that are not highJ.y visible fron the valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 5.1: Additional resj.dential growth should continue to occur priurarily in existing, platted areas and as appropriate in nes areas where high hazards do not exist. 5.3: Affordable employee housing should be made available through private efforts, assisted by, Iinited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4: Residential growth should keep pace with the market place denand for a full range of housing types. 5.5: The existing ernployee housing base should be preserved and upgraded. Additional enployee Irousing needs should be acconmodated at varied sites throughout the conmunitY. The proposal complies with the above policies- 5.fdentification and rnitiqation of natural and/or qeolooic hazards that affect the propertv on which the special development district is proposed. This site is located within a rrhigh severity rockfallrl zone, as shown on the 1984 Rockfall Study Maps and as adopted by the Tonn. The applicant has had geoLogic studies conpleted and the results of such are listed below: Study by Donald c. Pettygrove, PE. t Project ![anager with Banner Associates, Inc. (2/23/87) Mitigation methods: The structures should be situated so that at least six vertical feet of wall is exposed on the uphill side. The exposed face should be designed (preferably of reinforced concrete integral with the foundation) such that it is capable of withstanding a force of not less than 2000 pounds applied over an area of approxirnately two square feet. The face of the wal.l should be protected, as before, with 6 inch tirnbers for irnpact absorption and replacernent. The design of these etalls should be sirnilar to those shown in ny letter of JuIy 3, 1986. All other areas with uphill exposures should be designed to withstand a 2000 pound force as well. No windows should be placed in walls with uphill exposures. It should be understood that there exists the possibility that falling rocks could irnpact Lionrs Ridge Loop Road above and be launched into the air sufficiently to impact roof areas, although the probabilities of such an impact are significantly lower than those which will iropact the nall. Insofar as possibJ.e, it is recommended that rooms with the greatest occupancy be located away from the upper stories and to the downhill side. A terraced floor arrangement appears to fit guite well at this site and will blend into the side of the hill better while providing Less cost through reduced excavation. A layout of this type will also provide for maxirnum southern exposure to take advantage of solar heat gain. A. 1. 2. 3. t0 6. B. Study update by Donald G. Pettygrove (3/L2/9ol rrAs a result of computer simulations, we believe that our original reconrnendations are basically sound but the inpact force should be increased to 4, OOO pounds. rl The development of each building envelope, or lot, will need to conpJ.y with the design recomnendations cited by Mr. Pettygrove concerning design nitigations for rockfall hazards. Each individual lot orrner wiII be responsible for completing the rockfall roitigation measures. The nitigation measures will be reviewed at tbe tirne of building perrnit for each lot. This requirement will also be stated on the Final Plat. Site p1an, buildinq design and location and oDen space provisions desiqned to produce a functional developnent responsive and sensitive to natural features, veqetation and overall aesthetic quality of the cornnuni-ty. The applicant has made a strong effort to preserve the open meadow area and the wooded hillside as open sPace. In fact, over 698 of the site will be designated open space. Staff supports the site plan design as we believe the layout of the lots and the access road wiII preserve the most significant features of the site. A circulation svsten desiqned for both vehicles and pedestrians addressinq on and off-site traffic circulation. The access drive has been designed to adeguately serve the traffic needs of the development. The project meets Fire Departnent and Public lilorks' design standards. Staff believes that a project of this s|ze, and in this location, does not require a separate pedestrian circulation systen. Functional and aesthetic landscapinct and open space in order to optirnize and preserve natural features' recreation. views and functions. Although a review of the specific landscaping for each lot wiII occur at the Design Review Board level' a conceptual landscape design has been included in the design guidelines for the project. 8. 11 Landscaping will be strictly controlled by the Homeownersr Association as wel.l. as the Vail oesign Review Board. Prior to review by the Vail DRB, each lot owner shall first obtain approval from ttre Homeownerrs Association. Landscape provisions have been included ln the proposed covenants and are as follows: The concern of the Cornmittee (Homeownerrs Cornrnittee) shal1 be to improve the natural appearance of the subdivision and the naintenance of such appearance. owners and their representatives or builders will be required to: a. Mininize disruption fron grading. b. Revegetate and restore ground cover for erosion and appearance reasons. c. Use indigenous species of plant naterials as estabtished by the Couurittee. d. select the man-made elernents that blend and are compatible with the land. e. Use existing or natural drainage paths whenever possible. f. conserve and protect topsoil, rock fornations and unigue landscaPe features. S. Sod such areas as determined by the Committee. 9. Phasinq pfan or subdivision ptan that will rnaintain a workable. functional and efficient relationship throughout the development of the specj-al development district. Elk Meadows subdivision is proposed to be developed in two phases, as follows: Phase I - The construction of a single faurily home on Lot 4. Improvements include the installation of one fire hydrant and the paving of the access road to Lot 4. The rernainder of the access road will be covered with top soil and reseeded. L2 Phase II - The market will dictate completion of this phase. Hoelever, with ttre first building permit in Fhase II the developer has agreed to install a required second fire hydrant, and to build and pave the extension of the access road (including fire-truck turn around) . VI. PROPOSED SDD TN COMPARISON WITH I'NDERLYING RESIDENTIAL CLUSTER ZONE DISTRICT The proposed sDD varies only slightly fron the underlying Residential Cluster zone district. Due to the fact that building envelopes are being used as opposed to lots, it is difficult to cornpare the SDD to Residential Cluster zoning in respect to lot size. The density is actually five dwelling units less than what would be alloned under the original approval and does not exceed the original density of 1O units if the employee units are counted towards density. Site coverage is also difficult to coropare in that the building envelopes will be covered by buildings, but to lrhat degree the coverage will occur is impossible to deternine until the units are constructed. However, staff believes that there is adequate open space around the building envelopes to rnaintain an aesthetically pleasing amount of open space and separation among the units. The mininurn separation between building envelopes is 35r. Setbacks also vary from those that are required in a Residential cluster zone district. The separation among the building envelopes varies from 18 feet to 21 feet. Staff believes that this separation provides adequate sPace between the units. A11 other developrnent standards neet the underlying zone district requireroents for the Residential cluster zone district. PROPOSED SDD PERMITTED USES: RES CLUSTER -Single-fanily res. dwellings. -Trro-fanily res. dwellings. -uultipIe-fanily res. dwellings, v/ no nore than 4 unitsr/bldg. -Single-fanily residential dwellings. -optional ernployee dwelling unit/building envelope. 13 LOT srzE: Lot 1 :4,138 s.f. - single fanily lot Lot 2 = 3,877 s.f . - single farrily lot Lot 3 = 3,398 s.f. - single fanily lot Lot 4 = 4,051 s.f. - single fanily lot Lot 5 = 6.L42 s.f. - single fanily lot 2L,606 s.f. Total for building envelopes L5,000 s.f., containing no less than 8,000 s.f. of buildable area front = 2Ol side = 151 rear = 151 33' sloping roof 30r flat roof 25t of site 10 dwelling units per annexation agreement. 608 of site shall be landscaped. Reguires at least 1 enclosed space per dwelling unit. HEIGHT: SETBACKS: SITE covERAGE: no standard for bldg envelopes 16, ooo s. f . or 3200 s. f . per buildins envelope. 1fu393.?;:. o"t agreement. DENSTTY: 5 dwelling units + 5 employee dwelling units. East & West sides = 2r from bldg envelope }ine North side = 3t fron bldg envelope line 33' sloping roof 3or for flat roof does not apply as design guidelines requires sloping roof LANDSCAPING: Tract Li 2.5 acres vil1 be dedicated open spacet or 69t of the total site. PARKING: At least one encl.osed parking sPace, per dwetling unit, will be Provided. VII. STAFF RECOMMENDATION The Departrnent of Community Development reconnends approval of the prelininary plan for the rnajor subdivision and the revisions to sDD No. l-6 for Elk Meadows. Staff believes that the request meets the intent of the urajor subdivision regulations and special developrnent districtrs review criteria. The proposal basically follows the underlying Residential Cluster zoning and Planned Unit Development zoning originally apProved under Eagle County. I L4 A) The staff reconmendation for approval of the prelininary plan for the najor subdivision includes the following qondition: 1. The developnent of each building envelope will comply with the rockfall uitigation reports prepaied by Nicholas Lampires, Project Geologist, and Donald G. Pettygrove' P.8., Project llanager with Banner Associates, Inc. Such reports are dated February 23, L987, February 25, 1987, June L2, L987, June 15' L987, JIJLY 22, 1987 and Uarch L2, 1990' and will be kept on file in the Townrs Cornmunity Development offices. Each individual lot owner will be responsible for conpleting the hazard uitigation for their lot' per the above named reports. This restriction shall be noted on the Final Plat. B) The staff recomnendation for approval of the najor amendment to sDD No. 16 includes the following condition: 1. That approval of this rnajor amendnent to sDD No. 16 be contingent upon PEc aPproval of the Final Plat for the subdivision. 2. That the developer construct a minimum of one employee dwelling unit, and that said employee dwelling unit be a part of either the first or second building perrnit for the project. All ernployee dwelling units shalI neet the criteria listed in Section V,Br2 of this memo. *For infonnation purposes, the staff would fike to note that the rnajor subdivision regulations require the conpletion of general irnprovements for the subdivision as outlined in Section 17.16.150 to be installed within three years of the date of PEc approval or the plat shall become instantly invalid. A11 right to improve or develop the property on the part of the owner or subdivider shaLl thereb! Ue refinguisnea. This requirement is stated in Section 17.16.fs0 of the Vail Subdivision Regrulations. Prior to the recordation of the Final Plat, a written agreement between the Town and ttre subdivider wiII be reguired in order to guarantee the construction and naintenance of the proposed inprovernents. This agreenent shall be in accordance with Section L7-.L6.250 of the Townrs Subdivision Regiulations. It shall also be noted that in respect to SDD approvals, the applicant must begin construction of the Special_DeveloPment oiltrict within 3 years fron the tirne of the project's final approval according-to Section 18.40.120 of the Town of vail 15 2 -a Z=o1 @d f,a>tl a2 ==O;l O -rr <o- lrJ :<) UJ ic || E' ";' ie r\' \ \.\ .tt...'t'r' ',).... \\ . tr,\t' )r.. \\ \t \. .'. t".. - \ '',,''.. \ .), \ \ .\..\,\ \. \\ tt, \ '. \-'. \' \ \,, ;l ?i /rs '\ {yz- \,'--' ARCHITECTURAL GUIDELINES To accomplish this goal, the owner has developed a protypical building design as well as specific design guidelines for the site. The owner's intent is that these guidelines be adopted as a condition of approval and that they be utilized along with the Town of Vail Design Review Guidelines to provide the necessary visual continuity necessary to provide both existing and future residents of The Valley with a pleasing visual experience. A Homeowner's Association will be formed and, along with the Town of Vai'l , will be responsible for enforcing these Design Guidelines. A copy of the Declaration of Protective Covenants for the Subdivision are contained wjth the Appendices of this Report, The pr''ototypical building s'i te plan and building eievations are shown in the Appendix. The Design Guidelines are proposed to be as follows: 1. Roof pitch shall be between 4 feet in 12 feet and 6 feet in 12 feet. 2. Roof material sha'l I be Cedar Shakes. 3. Siding naterial shall be either log or stucco with log perlins, log railing, or other log netnbers, ndtural rock, or a combination of the above and shall be applied hori- zontally as indicated on the proEotypical building elevations. Only light colored stain shall be applied to siding. 4- Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is utjlized it shall be light in color. 5. All windows shall be white rnetal clad or wood windows, and wilI be "divided light" sty'le. 6. Al I roofs shal l have overh.rngs of at least 1 foot in order to protect walls and wa1l openings frotn rain and snow and to contribute to the building's character. Or ry D () 6 ,---4 7 \1 '\ \ N' rri [' { t, tt $.7 { I )t !l TI /--l .-| \r lvr I I l I I --1 I j i I I I i I I I I J I J ! {_,s t \J I I I I I I I i )l t: i{tFo lFo '$i# I I I I I ,I I I I I ,l I I I b _._J .'1 tol U .-+. r- t'35 $& .) A uEli r-Q.l go;. tigt- s{{l r {J,{* &iu () Y. -{Y:fiil E e EF Ea,,5 -6E,E T;; =e,EA e €5 I I \ z a I ,4 U -J uJ F o uJ f F :l o o il 1--{-i rt --{-l r --l-r t ! ,L'l l: I ll .'l 3\ |.it r:l I ltl '' I - --l -l - --J l" I I -l -r-i I I Ll I I I eL-: It trj rf, tf t4 t;5 $l{Ilr 'r l( iils 1) t{ l'u lt$gl( trfr !lr + \ F $[-F€L gdE {g 5[ti !t G IL r. 0- 1,. ( G € [r4= tl- @ e {.(o 1r{It a,tr i: !. 0. <t'' N. F b !t' .1 s \L [.rl F ,-l g I It hl F {! r0 z J {-J I o l---l I ll ll I I I 1 i lt I I I t I I I tl' I I I I i '-l r(l .z .c ii J i T I $d -L-- i nT" 9(drl !.t|fu l t. (,io . tlSor -L_.-- i tfr" I $l|S l l<fi tf6o i { 3 6 s. J J a io $w tl ll _t I tl tl LL I I rl r*--1 --+l "l jt$ tlq + 0 r S\) $ts :'li gN igI rI3 o T L !. l.t ,o o I --l'7 ---J I il (q/ r-r .f zl I,.l _;:] !---.--l i -y -l o March 12, 1990 Donald G. Pettygrove, P'E DGP/bg f lle: IGRJ.9o03 ' BLGJ'I'JoSsEM' LIiT Enclosure BANNTR ASSOCIATES, NC. CONSTLITNG ENGTNEERS & ARCHMfCTS 27?7 CROSSROADS BOULEVARD GRAND JUNCTXIN, CO 8lsD6. (3C'31 21!-22'12 o AN NER Mr. Brad),eY Tjossen Post offlce Box 2975 Vall, CO 81657 RE: Elk Meadows Subdivlsion Geologlc Hazard Mitlgation BAI Job No. 8095-05'01 Dear Brad: Inresponsetoyolrrrequest.forreviewofot|rreeonmondaElons i;"';;;r;gIc-rioioio iriigiiron, He havcr reviev,ed our orlslnal work an<l ln a,ldttiqn have performed a conput-er rockfall slnulatlon analyslo usi'ng CRSP (Colorado Rockfall Slrnulal"lon Prosranr) whlctr wus Jiuuf"pna Uy t'tre color:ado Departnenl of ii;f,;"t; and colorado schooL of Hinec' ThisconPutersofb.r.larev,asnot:availab}ewhen.weperformed our origlnal anafysls, however,. we believe it ls Prudent' to check past analysis witn the ].:test etaLe-of-the-art nethods when aiforded the opporLuni.ty' As a result of these conputer slrnulations' we belleve that our origlnal recoltnendations are basically sound but the lmpact force sboJie be lncreased to 4'oob pounds' Thtc :;i5;i; uJ- ippr t"<! to- an area of approxirnarely rlro Equare feet. Theatbacheddrawlnghasbeenln.cluderlforinformatlonelnce only the inpact force has cfranged' If you have any guestions, please fee] free to call' very truly Yours' Uo.t'ng lasOClAtES. NC corustnrrxc EtGlNr.E tS & AFcHnEcrs SUne t. 61)3 FJSI t'LA0{ nit;e'v.'cCl-onnDo 816ll . (3)$ 923'5837 BANNER E}ANNEFI July 22. 1987 Mr. Michael Lauterbach P.O. Box 3451 Vai1, CO 81658 Re: E1k lteadows Subdivision BAr #8095-05 Dear Mj.ke. I have enclosed a reproducable mylar of the drainage plan for your project with the change made from 'PreJ.iminary" to "Finaln,as requested. with regard to your question about the building configuration above the l2-foot heightr the structure above that leve1 may be vertical wa11, pitched roof or other construction. ft real1y doesn't matter what is above the 12-foot 1eve1 from the aspect of hazard mitigation. Windows are acceptable above that Ievel as wel1. It must be remembered that aLl of the hazard rnitigation is based on a reasonabLe level of protection against the probability of an event occurling. The probabilities are low so the leve1 of protection can be conmensurately low also. If the design were to protect absol"utely agaj.nst all possible events, it would be prohibitive to build at this site, as it would be in al1 of the mountai,ns. Should you have any questions, plear:e feel free to ca1l. Sincerely, \-----trab;+- Donald G. Pettygrovef P.,E. DGP/r]-g Enclosure BANNER ASSOCIATES. INC. CONSULTTNG ENGINEERS & ARCHITECTS 2777 CROSSROADS EOULEVARD GR^ND JUNCTION, Co 8t506 . (3o3't ?43'2242 vtn ${ '.'-- -{c v VN VI 7 1 f i .Y VI I U i I 1 lf it 1 h o F { {J I 4 F Al x N -& d a I D ul { $li tr PF 11,f' ?\ pR g d r t'lf t+ j 1 c ..,o l1 l1 { N i$ fr < ( zA ; tri *Y 4Q -!B 'tF 4.q I ll,t jtrt ftFq tfn t Y il IU 14 0 c It k>a, ry,"-*Eir ? vl )a rl 'f f t 9et A -, 10 e ^ f' A' 6 t ?u En i'nol i?qq $ i\ 4t[]ji{f;t b*r,x i I * L )' Z-''n ii ir d[$$'1r- l+,n 5 \J e ^I -n 7 o J BANNEtrl Jutrie 1B, 1987 t'l i th.re1 .'l . L.lut-€lr-tr.1al\ F', O. Lrrx i45 L V.+i I, tlD" BI65'3 F.E: El t,: l'lead or'rg Sutbdi'.'rei.c,ri [tt:i:: l':f .rl ] I e *r l'1t-LauterLta!:l-r: In response to trne of the i. s:;lte-g rai=-eC in tt're Collins letter, I feel .zery com.f ortaLrl e Hith hs.-,ing no mitigation {or potential rocllf al1 into trc,mmon i open gpace at-ea5 r"rithin the' proposeddeveloprnr:nt.l.ypica.111'z.l:|rl'lntf:nto.fopenJ't.e:1!;. as l onct as there at-g no pL?l-ntan€-'n*- c:onintutni ty str-ttctrtrel= gt-tch .rg of {ice's or rneeti nq pl ac.:5,r i:; tr: provi' dr: =-pace {or qr;'vi' ty re.l "if_ecj geoloqll. c prlrenonicn--( lo r.:.:l..tt- r,ri.tli nc, d.1m.age tc; g1:r-urct--ulrc:s I .1firJ mi. ni n.-i I t-irgncr=r ot r:::r 1::"::: t-t r cr tr: iier=crnari' i lr.-inr!,, lrJlren 1 Lrl-erjarP a repot-i.. 1'nt' c) j eni:g ot*ning" "[ot- instance' '-t onE acre pat.cel for the i:lr'.,eI o!]t]lElnt o'i ol.)E siniJ].e Tanti' 1;r re--id€tnce, the site is e'itfrer- I iJc.-,tec1 atraY {rc'n' ;( l-ra;aFd t i.ncllrd j.rrg perha;-r* r-cch{.il l. , nr- 'tritrqatioft L.echnrqLtFrr' at-e enipl oyecl to ciir-ect :rn.v poi:elni-i.sl. -qeolugrc or.:ct-trrence :'.1-c,,t.{fid the hcm€t= j. te i nt-n l:he open 5l:)s(::€:" ]-hi s j = tfie r'lic)it prLld€rnt tt)pr-qaf:l.r 1 a!1 r'Ji: C-tr-,nc{. I:i t- tll: *:t.:t €Yt:r'v :;qLtal-e i:q:ol: r:{ rrt-oRet-i:' ..rrr d ctLill. 1- i'.'e i.rl Ll-'e to i:t-rn l-: a i. tl s ' I l-rcrp €: I t-r..i",L. a(J F- r.t r-i E{',j E I .i' ,r,lclr- c:-sqLi,:1 f-i-,i; F.-rr-ticl_ll.-rl- L: a.'r-r': Llt. n " F I rl.::r.: t:ont;ict int? i f I' t-'t'r-i; i:r!- €:r 'i111-f:hc-'f' qr-ts'-"t r orr =-" 5 j. t-rcei-el'r'. Ii, r::r i..ll.j [: i.,l t:r t:i ]j lJL-: I f-ril-i:5. i i']i:. ./f rl -t / -'/ - j W[4{c /*<tyrtt^ l'.ii. *hl.l .l';. L-;,iiip i t- i :i , i::''l'' l). l: r - i-r i *: i-: L i.l = c:) f. i: q i. i-". 1:. h /,-l l. BANNER ASSOCIATES. INC. CONSIJLTTNG ENGINEERS & ARCHIIECTS 2777 CROSSROADS BOULEVARD 6R^ND JUNCTION, CO 81506 . .3031 ?43-2242 BANNER ASSOCIATES, INC. CONSULTING ENGINEERS SUTTE 6, 605 EAST MAIN ASPEN. COLORADO 816ll . & ABCHITECTS (303) 92s-s857 ElANNEFI Jnne 15, tgF37 Pli chael J. L.rurterb.ech F . O. Fo:r -a'451 Vail, trO. 4165E} RE: EII: l"leradows Setbdivi::ion Rocl,:f al 1 Dear l*1r . Laurterbach: .I have revier.red the reports prepared the week ending June l?t 1987., by Don Pettygrover our strrtctural engineer, concerning the rockfall mitiqation +or the El h: Meadows Subdivision. As pre./ior-rsly mentioned, potential roc[,:f al l into this site t'li 11 be very i nf requent over the years -. burt thi s type of nri ti.,latiorr ie still prudent. I + thp e,ngr neererJ desi on cr i ter i a presented b'r' DBn F'ettygr-ove ir-r hi.s above r-e{er-ettced report is f ollotred. the t-ocl,:{al I h.*:ard to occr-rpants ttithin strutctLrres to be located t4it-hin Elt: l4eador.rs Surl:di vision r^li I I be mini.rni;ecJ- Futrther. i{ l:he t- {:conrmended engli rreeri rrg is accoaiSrl i shecl dctt-ir,g the i,.onsl:.r'urcl- j. trn o+ r.l--.r-r-tctltres Lrpo.r the propr:-.ed bui lcJ j. nc_t envel r:tl€:rs, tlrere shot-rld be no ittcreased haiar-d t-o othet- girnperr-tv or- strltctutrEs. or to putbl j.c buti ldint*rs. roads, atres:t---. r j.qht-o{-wiY: easements. uttilitieg or- {acilitiee. If ycrt.r have anr- {urr-ttrerr gulr:=t j.ctns, pl e.rse cJo nt:t lrtEgi tatel to ront;.ct uta- 5i ncerel y , EANNEF AssOtrIATEs, II.JD. '-l t /7 /)t I ll (( lWtnQt /A.*.{Y,/i,14 T tli chol. as Lampiri=' Fht'. ' Project Geol og i st BANNER ASSOCTATES. tNC. 3ANNER ASSOCIATES. lNC. CONSULIING ENGINEERS & ARCTITTECTS CONSUI,TING ENGINEERS & ARCH]IECTS S(,ITE 6. 6O5 EAST MNIN 2777 CROSSROADS BOULEVARD AspEN, coLoRADO 816rl . (303t 925-5€57 GRAND JUNCTTON, CO 81506. (303't 243-2242 BANNER June 12, L987 Mr. Mike Lauterbach P.o. Box 3451 VaiI, CO 81658 Re: Preliminary Drainage Plan,/Geologic Hazard t'litigation Elk tteadows Subdivision - tion's Ridge Subdivision (The ValJ.ey), Filing *2, Phase IIr - BAI #8095-05 Dear Mike' I have revieered the revised roadway drawings developed by John l4acKown as well as the Preliminary Plan developed by Eagle VaIIey Engineering with respect to the existing and proposed drainage conditions. We have developed the enclosed Prelirninary Drainage Plan from the grading contours provided by John I'lacXown. Drainaqe Plan The existing drainage path through this valley carries the runoff of approximately 178 acres. The peak flow from this area (as previously submitted) is calculated at B cubic feet per second- ine tlow through the drainage path is generally wide and shalLow with velocitj.es of less than five feet per second. The construction of this subdivision will separate an area of approxinately 0.84 acres north of thre access road from the main flow pattern and recombines the flow from these two areas at the 18" CMF culvert located at station 1+65. Any access walks to the buildings on the north side should have an IB" cMP or equivalent in order to allow for the passage of flow to the west. The maximum flow from the smaller area is 2-0 cubic feet per second for which the minimum 18" culvert is more than adequate. The maxj.mum ftow (B cfs) along the south side of the roads wiII be adequately transmitted by the typical ditch section in all areas except the small, four car parkinlt area at the extreme rtest end. It witl be necessary to instaLl approximately 55 lineal feet of 18,'CMP at this location in order to convey the surface waters beneaLh the parking area and avoj.d forcing them onto the adjacent property. The IB" CMP will carry the full I cfs with a headwater,/diarneter ratio of less than 1. 5. It is my understanding that all areas of the site, except the seven building locations, will be dedicated to open sPace uses which will include use for surface drainage. This will eliminate the need for any specific drainage easement. AANNER ASSOCIATES. INC, CONSULTING ENGINEERS & ARC}IITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION. CO 81506 . Bo3I 243'2242 !4r. Mike Lauterbach June 12. 1987 Page T'vto BANNER Natural Sprinqs Durj-ng the geological hazard investigation, the site was thoroughly inspected etith no signs of natural water springs appearing on the ground surface. Any marked increase in vegetation in isolated areas would indicate the likelihood of natural springs. None of these indicators were observed. Ground Water The Preliminary Subsoil and Geologic Investigation prepared by Chen and Associates, Inc. in May L972, indicated that no free water was observed in any of the 10 test pits excavated. The primary drainage channel is an intermittent wate!-course without significant year round flow. Geoloqic -Hazards Mitiqation with regard to the recommendations made in ny letter of February 23, 1987 for the mitigation of the geologic rockfall hazard, I offer the following clarifications. lty recommendation for a six foot verEical heigttt of wall exposure on the north side is a minimurn and refers to the reinforced concrete wall with timber impact absorption. If walIs oD the north (uphill) side are to be taLler than the minimum 6 feet height, then they should be capable of withstanding a 2000 pound force, although the structure above the six foot level and below the 10-12 foot level, recommended by Mr. Lampiris' need not be of concrete or have the timber impact absorption. The difference being the freguency of anticipated rock hits and subsequent damage. Below the six-foot heightr rnor€ frequent stri.kes can be expected for which damage should be minimal. Above six-foot to the l2-foot level, rock strikes can be anticipated but need be protected against significant structural damage only. If a roof area will be constructed with uphill exposure' that portion below the 10-12 foot height and above the 6 foot height should be designed to withstand the 2000 pound inpact force as well. Reference is made to the attached sketches for the areas of consideration. The heights discussed above are relative to the natural ground elevation at the uphill extreme of the structure and projected along the slope , not at the edge of roadway. Mr. I'tike Lauterbach ilune 12 , L987 Page Three BANNEFl The terraced floors to which I made reference in my earlier correspondence was intended to allow for offset fLoor elevations in order to provi-de buildings which better fit the natural slopes of nearly 2:1 in places. Should you have any guestions please Sincerely, BANNER ASSOCIATES, INC. \\ ^ A -\)\.X-.,fuw*=-- Donald G. Pettygrove, P.E. CoLo. P.E. *16543 DGP/xLg Encl: 14 copies -Prelimj.nary Drainage Plan & Geologic Hazard Mitigation Kristan Pritz - Town of Vail feel free to call. ,F;i"ttW ffi;:H E,A.NN=F] Fc:t'rr-rary ?5r l9A7 i't i ch.re I Lauterbach Ler,ar- Conpani es/EF: Devel opment Inc. F'. O. Fo:r .1451 \tailr CO. 91658 RE: GeoI oq i c Ha:ard l'litigation El ll I'feadotrs Sctbdi vi si on r/ai I ' CD. Dear Mi t':e: I have reviet.red youtr most recent plans and al=o reviet'red the r-pport by ourr strutrtLtral engineer, Don F'ettygrotre, corlcet-ning the rocl:f al l mi ti ge.ti on 4or the El [l l'leador'rg Sr-rbdi'.'i si -Jn. I elgr-ee, ths.t if the design criteria presented by tran Fettygrove in tris letter of Febt-r-rary ?f, 't L'?87 r are {cl lot'redt rocl,:{al I ha:ard rqi I I be t,:ept to a minimum f or this devel c,prnent. Fc,tential rock{al 1 into this gite r'ril I be very i nf rsq'.1s61 over the yE3t-s, but thi= type o{ mitigrtion ig etill pr-utdent' The mitigative degign t'ri I I not adver=-el y a.f f ect sny t:thel- cevel opment i n the 3r-ea. I{ yor-t h3ve' any {r-trther qnestions t slee.--e do nc,t hegi tate to contact Lts. Sincerely-. f{Af'll.]ER A55OCIATEs'! It'lc. t . -4 ,'/ ./ / t . " tit:l^{r7t1 tiLffi.i, Ni chol as Le.mpi r-i s r F'hD. . Fr-o-iect 6eol ogi st l.lL/cl l: BANNF.R A1SOCIATES. tt,iq. BAIiNER ASSOCIATES. lNC. coljs(tl.It\c t\ct\F:t:RS ,t AllCtllTECTS ( Orsl,r.li\6 l'\(,i\t-t:rl5 ,t ArttillIIECTS sljtrE 6. 605 F^ST MAIN 2777 CROSSROADS tlO('t-EvARD ASPEN. COLOR,qDO 816ll . (303) 925 -:,.957 GRAND JUNCTION, CO 81506' l303l 243'?242 o ].tt 7 BA o N NER Pebru.rry 2f , Hr. I'li chae I tauterbach I--rmar Comp.-r n j. es/CR l)evclo[)nrcnL llrc.l'-O. Box 34irl '\tail, Co ul65B ttc: Gcologic lla za rd Mitigat-ion Dlk Mcadows Subdivision Vail, CO Dcar Mike; As requesLed, I have revie$ed the appropriate measures for the mitigatj.on of the rockfall hazar(l rt tlrc subject site. 'l'he current loca l:ion f ot: t'-l)e lots dr.:cs t)ol_ n]low _tor Llre miLig..rLion l-o be hanrlJcd as easily .rs l.rcfore, Irowever, iL apl>cars Lhat il:can I)e acconrpl ished wiLh a fr:w consirlera Lions. fl The struct-ures slroul(l be siLuated so that at least six vertical fect of wall is exposcd on the uphill side- The exposed face should bc dcsi<lned (prcferably of reinforced concr.'et.e ir)teqral wj t.lr t:lre f otrndation) suclr th.rt it is cap.rble of withstan(lin<; a liorce o-[ not Iess than 2000 pounds .rpplied over an a;:ea of al)pr-oxirnately two s(luarc feet. The face of Lhe wall slrouf d l)c proLecl-ed, .rs beforc, nith 6 inch timbcrs for inrl:act absorpLi.on and replacemcnt. The desjgn of l-hcse w.rll.s should be si.rnj.lar t-o t-lrose shown -in my let_t:er of Jrr ly 3 . l9B 6. 2l All other areas niLh uphi1l exposurcs slrould be dcsigned to wiLllst,alr.l a 2000 porrnr'l forcc .rs wcll. No wirrclows slrould be p.lar;erl j n walls lri t-h trplri ll cxpcrsur-c's. IL sl)oul.(l be unctcrstood Lir.-rt tlr{ire exists Lhc possi,biliLy th.rL f allirrg rocks could irn[)act. L j.()n I s lti(l(je l,()op llo.rd al)ove and be launclred ilrl-o tlle a j.r srrf f icj.cntly to intpaci r:oof areas, ai tlrough l-lre ;rrobabiJ.i Lics ()f suclr an jnpacL are signiIjcanLly ]ower Llr;rn Llrosc wlr j ch will jnrpact l-he wnll. I ) lttl;oIar ni; l)os:iible, i L i s lecornrrrl'nr]c(l 1:l)Jl- rootns wit]r Lhe grcal-est ()ccul)('rr)cy bc locaLcd away frorn l-lre upper sLories and Lo l-l)e rl.rwrrlri.l I sidc. n tcrrace(l f loor arr.-rngement appears to Ii L qrri t-c wcll aL thi:; siLc arrd wj 1]- blend irrLo tlrc side of t lr(l hi I I l)ct t{,'r wl)i lc l)r()vi(li|l(l l(-sG (:().,i1: I lrr-()lt{tlt t:c<]rrcr.:tl exc.rvaLir.rn. n JayouL of Ll)j:; l-ype wi Il als<_.r provi<le for: rnaxinrurn souLllern cxl)(,srlrc t-o take a(lvallt:age of sol.-rr lreat gain. ltANNl R qsa )(-lA t rs. lN(:- CO;\strLTtN(; t-NGli\_l l.l'lS & All(:lll It,(.Is 2/77 ( lKri-sn{)n[)S I()lll IvnRl) GnAND ,JL'NC I l()N. (;() 8l:n)6 . (3{l l) 243 2?42 Mr. Miclr.reL l'n tr t.culro cll t'al)r'un ry 2l, I9117 I'n(te 'l'r^'u B,ANNEtr| 'l'lte uet-llo.l c'I lrarrrll .i n(l itl rrr rn w Lr:r rrrtrof f slr()uld .r<;ai.rr bc ^SsanLtally l,lre li;rle a:; 1r1r'vi''rr:;ly rrrr:rrl- i orrr:rl .in my lcLLer (Jf lio p l.1-.11111.1- | 0, l'lltfi. I'r-rrvi:;iorrs wi | | lrr: rrr'<:c:;:;lry tu al luw fur: lrr l8' rliarrr:l,cr.' (:ul.vet t lrerrrr.;r I lr Llr(-. i:uJ -tlr:-.sac irt, Llre casl- crt(l , lrtttteal-lr t. lte Innitt r:rrl-r';rrrr:r,. lrr;rrl;r rl .t('(:r::',!i Irr;rrl LU Itr1.:i b;rrd 7 jffr.l lr.-trrrr'tt-lt l. ltr: f<trtr 1,;r r h i rr.1 r;J,.r,:r...i ,rl I lr.' .'xt r'.!lIr: ur':;1. r:rrrl of I I r r ' ; r r r r i r : ( : | . ln ,rrlrlil it'tr, I lrr: r r,,rrlw,ry :;lrrrrr I rl lrr: r;orr:ll.r ucl-r:rl ;rl- I r).rr;l- l'-1" .rl'rrvr, I lrt' lrrw 1,ftirrt l I lrr. 1,1 iurir y rlrnirrnqr) Irol.ll l.lrr ou(llr(rul- Llr: I r'rrrtt.lr rrl I lrr. 1rrfiiIr;t.. ll i:; rrot ;r rr t- i r: i 1.,.r terl l-lrfll. :;i.lnjf j r:;rtrl, r;ilr-tirl) wi l-l lrl rIlr:.':r:;.rr y ::i rrr',' Ilrc rlrlirr;rr;c lral-lr ir; Lo lr:ut;tj.rr .l nr t;r: I y trrrrl i r;t.rlr lr..rl. Slrould yott llave any (lu.lr;t. j.un, plr.';r!;(.: Iccl frce Lo cali.. :;i ccrcly;'' BANI. t '\S50C1A'J't.:!;. l NC.1. ^\,, 0 lt tr'- I-)\ - \ \, { tT --7-,'-\ -t * (.\4\\--er -\t(--\.\:V,. ( l)ona l (! c. PeLl.ygr-(Jvc. l'.1:. l'r:u jccl- il.:ragcr cc: l.liuL Lirrnl,jrjs fi lc: ll09!ili I l.r:.223 SEQUENCE OF EVENTS CONCERNTNG THE VALLEY PHASE III April 25, 19732. Conditional approval of the preJ.ininary plan by Eagle county which zoned The Valley Planned Developrnent (PD) July 25, L973: County Cornmissioners approve The Valley preliminary plan and PUD. This approval is good for three years. The approval included 1-50 units on 61.2 acres. July 30, 1973'. Eagle County Cornrnissionersr special rreeting to confirn Valley approval . July 26 | !976: The Valley prelirninary plan and pUD approval of July 26, 1973 expires. Some of the units are under construction. The 120 units that have not been built will require a ner,tr subnittal starting with a sketch plan and preliminary plan review (letter flom Ms. Susan Vaughn, L977). YIay 20, L97'I . The Vail Town Council sends a letter to the Eagle County Commissioners in favor of extending the Val-Ieyrs approval as long as development is carried out according to the prelirninary plan and recreation amenities are provided. May 24, 1978: The Eagle County Commissioners grant an extensi-on of the valley prelirninary plan approval . This approval would expire on June L, L979. If the approval expires, it would be required that sketch plan and preliminary plan review inforrntion be subnitted. A1so, if any change in the present plan, it would have to be reviewed by the County Cornmissioners. Novernber L3, L979: Eagle County Comrnissioners review a sketch plan and have several 'concerns. March 26, 1980: A PUD plan and protective covenants docu- ment is filed with the county which indi-cated that Phase fff was subject to the land use restrictions of l0 units and a total GRFA of L61000 square feet. ylarcn' 2'7 | 1980: Resolution No. 80-20 allowed the phases of The Valley to be sold separately without any further cornpliance with the subdivision regulations. ( I ( o April 15, 1980: The Eagte County Planning Comrnission reviews a sketch plan for Phase fff. The Planning Cornmission suggested that the units be tucked into the hil]side on the northeast side of the project and that the developer use berning,and landscaping to buffer the project. Staff recornnended approval of the sketch plan. April 15, 1980: Town of Vail staff sends letter to the Eagle county Planning Comnission which recoro:nends more tighter, clustered layout of the buildings toward the hillside. Vail staff also recognizes the steep hillside and sensitivity of the neadow area. Letter fron Peter Patten and Dick Ryan. April 30, 1980: The Eagle County conrnissioners reviewed the slcetch plan that the Planning Conmission saw on April 15, 1980. The sketch pJ.an showed L0 townhomes on Phase ffl. May 5, 1980: A resolution was passed by the County allowing three years for the developers to file prelininary plans fron the ylarc}r 26, 1980 PUD plan approval date. Decernber 198O: Ordi-nance No. 43 annexed the West Vail area including Pbase III of The valLey. March 17, 1981: The Town of Vail Council applied zoning to The Valley which \ras recently annexed. The ordinance was No. 13, geries of 1981. Dlarch 15, 1983: Resolution No. 6, Series of 1987, the Town Council approved.rezoning of The Valley. Sept. J.1, 1985: The Valley is de-annexed from the Town. Sunner 1986 A development proposal is subnLtted to Eagle County by Lanar Capital Corporation. The proposal beg'ins with a sketch plan/preliminary plan review. Nov. 5, 1986 The Lanar Capital Corporation Phase III proposal is withdrawn frora tbe County due to cornplications with the tirne lines for review and how they will. relate to tbe property being re-annexed to the Town of vail. \May 16,l_98 6 A grading perrnit is released by the County for an access road into Phase III. The applicant uas Lanar Capital Corporation. Tbe road work on Phase IIf is red-tagged by Eagle County. Red tag renoved by Eagle County. The valley is re-annexed into the Town. The Road is red-tagged by the town of Vail The Road is red-tagged by Eagle County. Lamar Capital Corporation submits a rnajor subdivision and special developrnent district zoning request for Pbase III. May 6, ytay '7, May L1, May 1I, May 11, May 11, L987 1987: I987 1987; t9A7 z l9A7 z L I HTEP.-OEPARTI'IENTAL REVI E}I Pi,^orrct, DATE SUSI'IITTEO: 3. /2, ?o , DATE OF PUBLIC HEARING 4.?,7O C01",'1ENTS NEEOED By I j, Zt . ?o BRIEF DESCRIPTIoN oF THE PROPOSAL: ,.flqo* PUELIC IIORKS Reviewed by:Da te Conrients: 5D> A*,/^rvf /4. 4.-..4 4' ./"?t^.'r'jy' a.. ,t...- ./ 9./12,.o' ,/?.ttr,/ - hiu. zooaT+L/ntt" Z$/rr,a{s - lg '(- ,&" dlo- "2 t4 D.R 'd:.'t. ..rii Revie',red by: Co;;ents: l. Da te {,,*,Date of oppr0.i.o' frtlt .l0 APPLICATION.. FORM FOR SPECIAL brsrnrcr DEirELoPMEi,r procedure is required for any project Specj-a1 Development District Procedure. application will not be accepted until that would 9o through all information is submitted. March 12 1990 DEVbLOPMENT PLAN I.This the lrrL ^ A.NAI\,18 OF APPLICANT Vlt'r1r2' Bc+| B. NAME OF APPL,ICANTIS REPRESENTATIVE Jay Peterson Otto. Peterson. Post ADDRESS Vail llatjonal Bank Buildinq PHONE 476-0092 AUTHORIZATION OF PROPERTY OWNER SIGNATURE ADDRESS P.0. BOX 2975 Vail . PHoNE 476-5601_x:135€ LOCATiOii OF FROFOSAI, ADDRESS Phase iII of The Vallev Buffehr Creek Rd. LEGAL DESCRIPTION a portion of Parcel A. Ljon's Rjdge Subdivjs'ion. Filjnq No. 2 El k l,leadows Subd'i vi sion E. FEE -4'------.,/{oo.oo >ArD_AL-:3, 12'7o '- h ?:."i - :.r__----- / A List of the name of oreners of all property adjacent to the Subject Property and their millng addresses. 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 zoning administrator in accordance with Chapter 18.56 hereof unless waived by 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 available or proposed public facilities; D. F. (0vER ) \, A proposed site plan, at a scale not smaller than one inch equals fifty feet, showing the approximate locations and dimensions of all buildings and structures, uses therein, and, all principal site development features, such as landscaped. areas, recreational facili-ties. pedestrian plazas and walkways, service entries, driveways,and off-street parking and loading areas with proposed contours after grading and site development; A preliminary land,scape plan, at a scale not smaller than one inch eguals fifty feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped. site development features, such as outdoor recreational facilities,bicycle paths, trails, ped.estrian plazas and watkways, water features and other elements; Preliminary building elevations, sections, and floor plans, at a scale not smaller than one-eighth eguals one foot, in sufficient detail- to determine flocir area, gross residential floor area, interio circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. III. Tj-me Requirements The-..Plirnning and Environmental Commission meets on the 2nd and 4th Mondays of each month. An application with the necessary accompanying materj-al must be submitted four \deeks prior to the date of the meeting D. E. F NOTE: It is reconmended that before a special development district application is subnitted, a review and cornrnent neeting should be set up wLlh the Department of Couununity Development, Application fofpecial Development Distr? Development Plan I I Existing contours having contour intervals of not more than feet if the average slope of the sit.e is twenty percent or or with contour intervals of not more than ten feet if the slope of the site is greater than twenty percent. five less, average March 10, 1990 Kri sti n Pri tz Acting Director of Community Development Town of Vai I 75 S. Frontage Road Vai l, C0 81657 Dear Kristin, In accordance with Chapter 18.40.100 of the Town Munjcipa'l Code, we are hereby submitting all material requested for the Major Amendnent procedure which includes the Final Environmental Impact Report relatjng to the Elk Meadows Subdivision. The plan and Environmental Impact Report as submitted by Lamar Capital Inc., on April 5,1987, remains essentially intact, however, we the owners have chosen to reduce the density from an allowable 10 building sites to 5 build'ing sites and have chosen to remove the lower portion of the private road which was serving the previously approved building envelopes 6 and 7. This final plat application prepared for Lamar Capital Corporation Inc., orjginaily was approved by the PEC and Town Council, but was never recorded. l,le purchased the parcel on February 5, 1988. lde revised and updated the EIR in accordance with the conditions of approval of the PEC and Town Council. We respectfully acknowledge the research and anaiysis and conrpliation of all nraterials submjtted by Peter Jamar Assciates, Inc. 6llUQrn BradSusan Tjossem 1r TABLE OF CONTENTS INTRODUCTION SUMMARY PART ONE - THE PLAN PART Tl^|O - IMPACTS/MITIGATION PART THREE - APPENDICES A. GEOLOCIC HAZARD MITIGATION REPORT B. DRAINAGE REPORT C. DECLARATION OF PROTECTIVE COVENANTS AND PLANNED DEVELOPMENT GUIDE FOR THE ELK ]4EADOWS SUBDIVISION LIST OF FIGURES: FIGURE 1 VICINITY MAP FIGURE 2 ELK MEADOWS SITE PLAN FIGURE 3 PROTYPICAL SOUTHEAST ELEVATION FIGURE 4 PROTYPICAL NORTHWEST ELEVATION FIGURE 5 PROTYPICAL NORTHEAST ILEVATION FIGURE 6 PROTYPICAL SOUTHWEST ELEVATION FIGURE 7 PROTYPICAL LANDSCAPE PLAN LOCATED IN REAR POCKET: FINAL SITE PLAN 1" = 30' PRELIMIIIARY UTILITY PLAN FINAL LANDSCAPE PLAN 1" = 30' The report is divided into the followinq sections: * Part One - The Plan - Describes the development proposal and existjng conditions. * Part Two - Impacts/Mitigation - Contains evaluation of potentia.l impacts resulting from the proposa'l as presented and describes actions that can be taken to minimize any adverse effects resulting from the proposed development. * Part Three - Appendices - Provides supplementary informatjon. A. Geologic Hazard Mitigation Report B. Drainage Report C. Declarat'i on of Protective Covenants and ilanned Development Guide for the Elk l.leadows Subdi vi s i on I NT IIODUCT i ON The purpose of this report is to present inforrrration regarding a developrnent proposal for [)hase Tltrec of The Valley, a portion of Parcel A, Lion's Ridge Subdivision, Fil ing No. 2 (see Figure l). Phase Three is currently zoned Special Developrrrcnt District and is designaLed viiLhin the Valley PUD as ten unit developtnent. The proposal being nrade at. this tinte is bo creatc a Final Piat and subdivide [)hasc III irr order Lo create l'ive sirrgle latrrily building envcl0pes, co lnon open sl)arce, a co l on access drive, and uti lity and dra i narre easenlenLs. FIGURB I Vicinity I'lap 7 T5S ut\ (p.\ r)'-. I I I (') |:ii , m: Ftl \rl c) an rn /rN I I NORTI] 10-8:y' '/..^^--'. PART OI{E - TTIE PLNI,I TItD I'ROPQSAL: The Valley is a 61.2 acre planned Unit Development (pUD) Located in VaiI. Colorado- The pUD was given approval by l-he Eagle CounLy Conunissioners on April 25r l9Z3 ancl will consist of a Lotal of 132 clwelling uniLs. The project was divided inLo six phases wiilr crwelring units allocated arnono each phase as foflows: PIIN SE * DWELLING UNITS r 33 2zs 3 to 4 5 t3 6 48 (Four DuPlexes) To l-his date, approximately 45 of the 132 allowable dwelting units have been constr.cted with 87 remaining to be built. The u.it types wit-lriri t-he puD thar- currertly exist are a mix of t-ownlrouses and conclonrini-urns. 'r'wo of Lhe f our arLowable <luplex residences within Iihase 5 have received buildincr permi Ls l)ut- trave noL yeL been const ructed. The valley vras annexec'r to the Tor.vn of vair in r9B0 as a part of the overall I./est Vail Annexabion, subsequently de_annexed due Lo J.itigatiorr ancr recenr-ry re-annexecr to the Tor,rn of Vail. Throughotrt the series of annexations the Town of vail has recognize:<i The Vall.ey pUD and the previ.ous plan approvaJ. s g rant--ec) by liar;J e Corrnl;\r. Potential negative impacts resulting from development of the site as proposed are visual impacts and impacts associated with the location of the site within a rockfall hazard area. The rockfall hazaro can be mitigated through foilowing proper construction design measures. visual impacts can mitigated by the adoption of site-specific design guidelines which will ensure architectural and visual continuity with regard to building design and materials. Design guidelines and a prototypical building design have been proposed by the property owners for this purpose. \ SUMMARY Brad and Susan Tjossem (owners) propose to develop a 3.6 acre parcel within the Town of Vail. The land is located within an area which has been proviously subdivided and zoned for development and is known as The Val ley. THE PLAN: The proposed development plan for the 3.6 acre parcel has been named Elk Meadows; the major elements of the plan include: * Creation of building "envelopes" allowing the construction of 5 single fami ly residences. * The designation of common open space. * Provision of common access drive- FINDINGS A}'ID CONCLUSIONS : The site has previously been zoned to al'l ow the construction of ten dwel ling units. The applicant's proposal to develop five dwel iing units will result in no greater impact than would be experienced by the deveiopment of the ten unit development previously approved for the site. The Town of VaiI has also reviewed a number of alternative development plans for various phases within The Valley PUD and has granted approvais of rev'i sions to phases previously approved by Eagle County. The current proposal being made by 0wners of Phase III is the subdivision of the 3.6 acre parcel into five building sites or "envelopes". Each envelope would allow construction of single family dwel1ing. Therefore a total number of 5 dwelling units would be constructed upon the site. The envelopes, as well as common open space, utility and drainage easement, and the common access dri ve, are depicted on the Preliminary Plan in the Appendix. The total Gross Residentjal Floor Area (GRFA) designated for Phase Three in The Valley PUD Agreement is 16,000 square feet. This will allow each dwelling unit within the project to be a maximum of 3200 square feet. Building height will be governed by the Town's Residentjal Cluster Zone District which allows a maximum height of 33 feet. Setback and site coverage wjll be governed by the designated bui lding envelopes. A two foot building set back will be required from the east and west building enveiope perimeter ljne and a three foot building setback will be required from the north building envelope perimeter 1ine. Access to the site is off the Lion's Ridge Loop via a 22'wide common access drive. This road is in place and was given approval previously by Eagle County. The owners of the property have chosen to create the building envelopes rather than construct one single ten unjt devlopment for varjous reasons: * The creation of the building sites allows the development of the parcel to be phased and at the sane time provides an overall pian to guide the placement of dwelling units, access, and common open space within the parcel over time. * The development of 5 individual free standing dwelling units will be nrore compatible wjth the adjacent developments than woul d one s i ngl e structure contai ni ng ten dwel l i ng un'i ts. * The creation of the building envelopes ailows for a variation in residential product type in Vai1. A purchaser will be able to enjoy amenities such as common open space, guest parking, and a common access drive which are typically found in a multiple famjly development and also enjoy the opportunity to construct his/her own home much like the owner of a single family or dupiex Iot. EXISTING CONDITIONS: The Valley Phase Three property is largely in its natural state, with the exception of the access drive which is jn place. TOPOGRAPHY: The topography of the site is varied, vlith the area immediately adjacent to Lion's Ridge Loop (Buffehr Creek Rd.), sloping to the south, then leveling out to form the valley floor in the center of the site, and, on the southerly portion of the valley floor, rising steeply towards the ridge top which separates The Valley from the Gore Valley below. VEGETATION: Vegetation upon the site consists of grasses and aspen and pine trees. In general, the flat portion of the s'i te is covered with grasses, the south facing slope contains a sparse growth of aspen trees, and the north facing slope is heavjly covered with both pine and aspen. WILDLIFE: The Colorado Department of Natural Resources and the Division of Game, Fish, and Parks revjewed the orjginal plans for The Valley PUD with regard to wi ldlife in the area. They indicated that, historically, there has been no evidence of deer or elk wintering in the area of The Valley and that no migration patterns would be disrupted. They did indentify that a few deer spend the surmer months in the area and, in fact, the deer are continuing to spend summer in and around The Valley area, GEOLOGY: The topography of The Vailey is controlled closely by the underlying bedrock geology. Lion's Ridge is a scarp and dip siope formed by a sandstone formation. The bedrock dips about 40 degrees toward the north and the north slope of the ridge is formed on 'its dip s'lope. The north side of The Valley is a scarp slope of similarly dipping beds. The Valley, as well as the main Gore Valley has been glaciated. The subsoils in the area are quite varied and have previously been investigated by observing road cuts and digg'i ng test pits. Chen and Associates, Inc. report that the subsoils consist 'i n general of a topsoii layer of organic sandy clays to clayey sands overlying medium sti.ff sandy clay with gravel to loose to medjum dense clayey to gravelly sands. They indicated that the soil does not possess a swell potential but wi'l I settle moderately under loading. HAZARD AREAS: As indicated by the Town of Vail Rockfal.l Study the site is located within a h'i gh severity rock fall area. According to Town of Vail Hazard Maps no other identified natural hazards exjst upon the site. PART TI,IO - IMPACTS/MITIGATION Thjs section of the report discusses potential impacts that will result from development of Phase Three of The Va11ey and the specific actions which can be taken to minim'i ze those imoacts. TRANSPORTATION, SOCIAL AND POPULATION IMPACTS: Due to the fact that the developemnt of Phase Three wjll remain basically the same as the original Phase Three in terms of development intensity (5 dwelling units), there will be rro change initerms of the traffic impact, population increase, or social impacts. BIOTIC IMPACTS: Negative impacts upon the vegetative character of the site can oe expected to be the reduction of dnd disturbance of natural vegetation in the vicinity of the access road, utility easements, and building sites. Since these features are confined to that portion of the sJte innediately adjacent to the Ljon's Ridge Loop (Buffehr Creek Rd.) the di s turbance shou l d be mi n ima l . Beneficial impacts of the proposed development can be an upgrading of the site's vegetation through proper vegetative and landscape maintenance and revegetation. Impacts to the wjldlife inhabiting 15s area will be minimal. As identified by the State of Colorado, there is and has been no evidence of deer or e'l k wintering jn the area and the overall amount of open space in and around The Valley enables the summer population of deer to remain undi s turbed. GEOLOGIC HAZARDS: A study of the rockfall hazard which affects the site has been completed by Banner Associates and recommendatjons regarding the appropriate measures for mitigation of the rock fall hazard have been made. Their reports are included within the Appendices of this report. In general' the engineers believe that rockfall into the site will be very infrequent over the years, but that mitigation is prudent. DRAINAGE: A study of site drainage has been conrpleted by Banner Associates and recormendations regarding the appropriate neasures to provide adequate drainage have been made. Their report can be found in the Appendices of this report. In general, typical site engineering including placement of culverts at the appropriate locations and proper site grading will adequately handle storm water runoff. WATER AND SEWER water and sewer lines to serve the project are currenily in place and upper Eagle valley water and sanitation District has indicated their abi lity to serve the development. A proposed utility pian for the Subdivision is shown in the Appendix, though it has not been down sized fo represent the proposed 5lots, it shows the concept of 7lots. VISUAL IMPACTS: In terms of the vjsual impact of the proposed development, views into the property from the adjacent roadway and adjacent development sites will be the primary interest. The site plan has taken this into account and'individual building sites are situated in a manner that preserves the majority of the site as open space. The location of the building sites adjacent to Ljon's Ridge Loop (Buffehr creek Rd.) preserves both the lower open meadow portion of the site as well as the heavily vegetated north facing slop of The Valley. 0f major concern will be the visual Sjnce buildings will be constructed 'i t will be extremely important that be established prior to constructjon that ensure that the project wjll be compiitible style and with compatib1e continuity for the buildings themselves. at different times by different owners the visual continuity of the development and that controls be put into place developed in an architecturaI ly building materjals. To accorrrl;l ish l"his goal , Lltc owrie' lras dcveloped a protypi cal building design as well as specil.ir: design lluiclelines for the site. The owner's intenl- is LhaL rhesc quicrelincs be arlorrted .ls a condition of alrproval and Lhat l.lre.y be rrLilizcrl alorrtr with the 'fown o f Va i 1 Dcs i grr llevicw (iu idc I iries Lo provitlc Lhc necessary visual contirrui by necessary to pl.eyide boLh exis1..i rrg ancl future residents of l'he Val le.y wiLh a pleas ing visual exlrerience. A Honreowner's Associalion will be fonled .rnd, aiclng wiilr the Town of Vai l , wi lI bc resllo's.i ble [or enforcirrg Lhese Design Guidel ines. A copy of the DeclaraLion ol' ProLective covenants for the subdivisiorr arc contairrr:tr with the Aupencl ices oF this I{epo r [. The pnobotypical truildirrg siLe plarr' and bui lding eievations are shown in the Appendix. The Dcsign Guidej incs are proposed Lo be as fol lows: 1. tlool' pi tch sha lI bc beLweerr 4 feet in 12 I'eet and 6 feet in 12 feet. ?. Roof rnateri al shal I be Cerlar Shakes. 3. Siding ruaterial sh.rl I be ei ther log or stucco with Jog per'l ins, log railing, or other loq nrerrrbcrs, natural rock, or a cornbination of the ,rbove and shal I tre appi ied hori_ zont.tl1y as irrclicaLcd orr thc proLol_ypic,i1 builrJing elevati<lns. 0rrly I ighL colored sl_ain shalI be appliecl to siding. 4. ti ther stucco or s id irrq sha ll be .r1;1rl ied to ex;rosed concrete foundaLiorr walls. Il' sLucco is utilized it sha.l i be light in color. - 5. Al l windows shal I be whil_e rtreLal clacl or wood windows. and will be "dividcd I iglrl', slyle. 6. All roofs shall have overhlngs of aL least i foot jn order to protect walls and wall openings frorn rain and snow and to contribuLc Lo l.he bui ld inq,s characl.er. Proper Town of control resu I t. implementation of these guidelines, in addition to the Vail Design Review Process can provide the revjew and to mitigate any negative visual impacts which miqht / ! r F.'; FH" 3 ,l \\r '\ t', \) ti? . sE H ;i Fr 4B : I rli .; r": + 'l i .x \\ -rn r4 r x =rfl jD #3 =€9u)2a c 34,;(J '=a o z !' trigure, Z 'l ( \'r| t ., I'r..;, .4 €' F.= cp r. -15 C.:, @ €;1 @ e Lr- F,€E o l, .j,-- ,- I i I I I I I I _ .-.,' I lr --- -l I l. l l 1 rt l_i i l*Ll 1l Il .r'l rll 1l I {t. I rt I al Ii -l- i ---.. . I l" () ',^,,' -r n I 'i(t sIt;;lr j9i. d.'11 t I \ II FI :{l ul 1i -o I f l !t .d { ![ rr t'J . {rf / (\{ -t tf L't l:l Fll *ll \lg ! lr + l, ttl $ \ F $ [..Eit $db <,l lL {,r ,! F ,f at:: :{ '0 '!'l- ri$r-rre5 -lt. ( ['rE €9 [:t-r It-- G3 :. o .,|t: L I {} 'l tl -.{- rc t[ l--_t $' ,t a {rt { 1 /; rlt l.:,l .I t(d l'l l. -,.I \r J '.. 't .l {:l \ dl r'l -------ll ll ll I I I I I I I I I *l I I I l ,l tl tl - - --tl -t I t t $ irt - L_, ,.- - il'(n t "$t l.'(, <* I iior a Fin-trre. tP {^.'ty, t,. ,^ - I et ir.n _ l$)til [. ]]',i <FO() I .J J f q i@ i1 nt $$ t I I I I I I I I I I \, rlliii.i ti h $J f tt-t o II tr-- -r I I i il ll -- --L.J "l ll$ 1l{q' Figure,5 t I - -l- *1 ---J I al ol !l q il b ul ) -l_- F_:l I -:::il -r -f ____ll L-l trrXure, 6 I o / .F *t 4 I -1, I I I v I .Y h E t :tt t 6 { t I Z. $ t$ t rt t- / I I l I Hf;$ {es" \ /\ L------ ft: th /f; $ 6 N $ $ -{ ' /','ll V,-\/Y i;l 'hl , ..r\l i r^fi 17../ Ys t I{r id I -nv i Fd )$ t1 I r'-T'/&,'t..-\ /\ \ ( *_* tt-----r/ ., I I I I I ll '_l /i'/ IW: /i*,l l$ I I I trtgvre- -7 t)All1. l-llliLl_ - Al,l,l-Nlllctis A. GIOLOGIC IIAZAI{D MITIGATION RIPORT B. DRAIIIAGI R[I)ORT C. DICLARATION OF I'ROTICIIV[ COVTNANTS AND PLANNID DIVILOI'MINT GUID[ FOR TIII ILK MEAI]Ot,IS SIJItDIVI Si ON A. GEOLOGIC HAZARD MITIGATION REPORT March 12, t99O Donald G. Peltygrove, F.E DCP/bg flLe: IGRJ.9003. BLcJTJossEM. t'ET Enclosure BANNER ASSOCIATES, INC. CONSLIUf ING ENGINEERS A ARCHT'ECTS ??77 CROSsROADS BOULEVARD GRANO JUNCTION, CO 815r)6 . t303t 24t-2242 Mr. BradleY rjossem Post Offlce Box 2975 vair, co 81657 REI Elk Meadows subdivlsion Geologlc Haaard Miblgation BAr Job No. 8095-05-01 Dear Brad: Inresponsetoyourrequest.forreviewofourrecornmendatlons ;;.-;;;i;grc 1,aiiia mrt'igatton, i{e have revlewed our otlslnal work and in aaaitlon frave perforned a conputer rockfaLl "i*rfulf"n analysls using CRSP (Cotqrado Rockfalt Slrnulat'lon proqram) whlctr "as J.uui"pna bi the Colorado Deparlment' of iiqfiwuvl and colorado School of Mines' This computer softfara was not available when we Ferforned iiii-o"iqi"ir anarysts, however,. ue r2elieve lt ls prudent to check past. analy"is ritr, tlre IatesL state-c,f*the-art nethode when afforded the opporUunlty' As a resulL of these computer slmulations, we belleve that our - oitgf r,af recornrnenaations are basically sound but the I*o"cC-iotce shoufa ba lncreased to 4,00b pounds' fhtg ;i;5;i; ue- appr iea to an area of approxlmat'el'y two square feet. The attached draul.ng has been lncluded for lnformatlon elnce only the lmpact force has cttanged' ff you have any questions, please feel free to call' very truly Yourg, Fl ::i '.:ri t.-:t€J 2 a HAN NEFI BAT'|NER A gSOCIATES. NC CON SULI TNG E}IGINNE.HS & ARCHTI ECiS surTe 6. 60s rlsT lttAN ^spgN. colottArx) 0t6lr . (3)31 925'585? y'l,r $j u' VI ? 7 '1 h o F l. _* {/.-- 1\t': d ,li n 'ii H $! .t, I w/ {,i l{ nii 2ll \j Q4 t* ${ ,litri q N ill (r s t" tA '. l|l r.y fr( -\ tt .t -1 r lll IJtrt t$i ,'{[ ti ti l, I l1 | /\ (.=_ k u .4 tl ,7 t.t) 0 ,1 -p\ qY '.ll lJ. ttq -;f 1tl. 1g '4 1 'dp 7 i t t b t.l I J A ,1 h) fi q #at r: U J uJ x nt -Yl L o J g{i vr ., I T t4 I ', tf r-r l.J '.-r r:. -.: I -,'Jrrt,t tr - : I t 't I | 1 a I il I,J I <l iu 'i0 '", ll. ,.1 !lJ ,v I I June 12, l9B7 - Mr. Mike Lauterbacl'l P.O. Box 3451 Vail, CO B165B Re: Preliminary Drainage plan/Geologic llazard Mitigation Elk Meadows Subdivision - Lion,s Ridge Subdivision (The Valley), Fi1in9 *2, t)hase III - BAI #8095-05 Dear Mike, r have reviewed the revised roadway drawings <1evelopecl by John MacKown as well as the Preliminary plan developed by Bagle varley Engineering with respect to the existing and propose<l <lrainage conditions. we have deveroped tlre enclosed lrreliminary Drainage Plan from t.lre grading contours prr.ovi<1er1 by John MacKown. Drainaqe Pla n The existing drainage path through Lhis varley carries the runoff of approximately 178 acres- The peak flow from this area (as previously submitted ) is calculatr:d at g cubic feet per second.The flow through the drainaqe patlr is generalty wide ind slrallow with velocities of less than five feet per second. The construction of this subdivision will separate an area of approximately 0.84 acres nortlr of the access roacl from the main flow pattern and recombines i-he flow from these two areas at the 18" cMP culvert located at statioD ]-+65. Any access walks to the buildings on tlre north side shoul.c] have an lB" cMp or equivalent in order to allow for t-lre l)assage of flow to t-he wesL. The maximum flow from the smalrer area is 2.0 cubic feet per second for wlrich the minimurn lB" culvert is more than aclequate.The maxinum flow (B cfs) along Lhe south sicle of the roads will be adequately transmitted by the t-ypicar <liLch section in all areas except the small, f our: car parking area at the extreme west end- rt will be necessary to install approximately 55 lineal feet of rB" cMP at this locaLion in order to convey the surface waters beneath the parkingi area and avoicl forcing. them onto the ad jacenl property. The l-8" cMt, wi I. l carry the f ul1 B cf s with a headwater,/d iame ter ratio of Iess Llran 1.5. BA.NNEFI site r except the to open space uses This will eliminate It is my understanding that all areas of the seven building locations, \rrilI be c'lectica.t_ed which will include use for surface drainage.the need f or any specif ic rlra_inaqe easenent. RANNER ASSOCIATES- INC. CONSULTING ENGINEERS & ARC'IITECTS 2777 CROSSROADS BOULEVAIiD GRAND JUNCTION, CO 8l5orr . (J03t 243.?242 Mr. Mike Lauterbach June 12, I9B7 Paqe Two Natural Sprinqs BANNEtrl Geologic fnvestigation prepared by in May 1972, indicated that no free the 10 test pits excavated. The an i,tr termi tl-elrt water-course without During the geological hazard investigation, the site was thoroughly inspected with no sj cJns of 'natural r,rrate r springs appearing t>n l-he ground surf ace. Any nar:kecl increase in vegetation in is<;rated ar-eas woulrl ,inclicite the Likelihood of naturar springs. None of Lhese inciicators were observed. Ground Water The Preliminary Subsoil anrl Chen and Associates, Inc.water was observed in any of primary drainage channel is significant year round f1ow. Geoloqic tlazards Mitigation with regard to the recommencra tion s made in my letter of February 23' r9B7 for the mitigation of the georogil rockfarr hazard, i offer the following clarificaLions. My recommendation for a six foot verticar heiglrt of warl exposure oll the north si dc i,s a nr.i.rri *lurn and ref crs to the reinforced concrete wall- witlr timber i.nrpact al;sorptioD. rf walLs on the north (uphilr) side are to be talrer: than tlre minimum 6 feet heiqht, then they should be capabj,e of withstanding a 2000 pound f 9rc9, - although the structure ilr.r.r" trre six f oot revet and berow tlre 10-12 f oot 1eve1, rec<,rnnenclc<r l,ry Mr. Larnpir.-is, neear not be of concrete or have r-he timber irnpact. absorpr_ion. The dif ference being the f requency of anti.ci paLed rock hi-t-s and subsequent damage- Below the six-foot rreigrrl-, nore frequent strikes can be expected for which damage shourcl be nrininra l_. Above six-foot to the 12-f oot f evel, ro<;k sl-r:i.kes car lre anLi-ci.pated but neecr be protected againsL signi,f icarrl- st-ruct.irral clamage onIy. rf a roof area wirl be co*structed with uphilr exposure, that portion below the 10-12 foot height ancl abbve the 6 foot height shourd be designe<l r,o wi.r-rrsLa'd 1-lrr: 2000 pouncl impact force as wel1. Reference is macle to the at-l,aclred sketches for the areas of consideration - The heights discussed above are relaLive to tl.re elevation at the uphilI exl,rene of the strucLure a long tlre slope , not aL t he erlqe crf r:oaclway. na tu ra 1 g'round and projected Mr. [ike Lauterbach June 12, l9B 7 Page Three BANNEFI The terraced floors to which I made reference in my earlier correspondence was intended to alror,r for offset floor ilevations iu order to provide buildings which better: f i.t the natural "f"p"=of ne.erly 2: I in places. Should you have any queshions please Sincerely, lllNNEn Assocr^Tas, INC.\-.. \ -'\r\ t\ n /) \r-) n |U".:+& Lr \.,*h1r-=.- Donald c. Pettygrove, p: E.Colo. P.E- #16543 DcP/r 19 Encl: 14 copies - preliminary Mitigation Drainage Plan & Geologic nazard cc3 KrJ-stan Pritz - Town of Vail feel free to call- {;,*"q t 0!4t E|ANNEF| .lnrrc. 1li.r l qrtJ7 t"li rtraiel J - l.-al_r l: t:.:r l)ai..ll F.O. tjo): ::,4:;1 V.eiI, C0. tJl6l;rE IiL.: tIl[,: l'le;it-lot"re ljrrlidr vi:, j. t'ir.r l:ioc1,:{, nI]. Dear- l'1r Larrl:e-'r-bactr: I have revierired thel rerprorts Jrrepared l-hel r^,ee ],: encli rrq Jlrlre l?,1987, try Don Fet-ty11r-t:ve r 65Lrr :;tr-lrr:turaI errqineep r (:ol4;t:lr1r 1g the rocl,: falI miti_Oatiorr .f or i:trr: [:-l J,: l'|e..-rdows Sr.rbcl ivisiorr- /\_-,pr-e'./i r:ursl y nrc-'nl;itlnt:rl , po{..t:rrl-ial. r'ur:1,: f ;rl. I inLo 1-lris !jj.i-r:r r.r.i. I I l-, e ver-)' i..f rerluterrl, o'er- 1_fier vr?rnt'e-,,. I.rr-r l_ Llri.s l:v;:r* .f. nri l- i. 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()l)(11.;, {:ltsrr r*lruLrl rJ Lre rr1.t i. r r r;; 1- L.;i 1,.161 1..; lr;,r;i.-rr rl l:r::i r..r.Llrp; 1ir-urpr:r-l:v i]r !;1_r-uri-t[.tr-(:s, nr- l: r-r ;:rrt.rl i.r:: [tt-ri ].cjinrtt;. ]-Lrd(rr:ir '-r'1..t-srtrt-:;. r- i. tlhrt-trf -*-;iy. ea::r:nrcirrl_r;. ltt j. 1 i 1.: i r:r!j [ir- f ac:. ] :. l_r r.:s:,l f l'tlt.r lt::tva ,.t n'y I ttr'1.:Ir..lr illrt:st i r-irrl;, l)l {.:,:l..iiil c-lr-t pi:it- lti:-{::,i I.nl.i]t l-,)i.,i,rltai{::t 1: LtTi. . i rrcer- e I v. L,Ahll\lE[i fli:;:;(]tj I A 1-L::.j, I I'J{.: l..li. cht;1. as' 1,,.-,-rni1.i i f-i:';, I'ltl.i. F't-cr iec. l. (jr:cIr.rq i. iil. tin NNI_R n ssoctn r[s, lNC. (:()NSULTIN(; l:NclNl:l:ttS St[ll: {i.6{t5r tAST Ntn tN n SPtrN. (I)l-Olin lX) 816t I r & Altcl :c ts {30:}) 925-.58ir7 IIANNI:n ASSOCIA'IIS. INC C()N.5( 'lr tN(; t:NGtNElrlts & AncfilIt:cTs 2 /77 Ct( )SSlt()A{ }S t10L't_t:vAt ) (;RANt) .f UNC] tON. co fI50(, . (:t031 243 ?242 ElA.NNEF| ,Jt.rr'tl IElr 1.<;tll lli cl-t;rt:l ..1 - l--.:t.rtr,:r-lLar:lr F'. [']. I:tnx i45.1.tr;'ril, CL1 " 81./-':l{:l Frt:: [il t,: l'leador.ts Surbdi.r,:i.:li.r.:iri lilr.: [,:.f: ..r.[.1 lie,rr- l'1r-[-eruttr:r-Lrat:ii : In resp:orrse ttl (]n€t o{: tlte.r i.:;:;r-re]g; t-.ili.ield irr l-lre Collins Ls.:ttelr', I {r:el .ze.rr y comf C)r-tablfl r.r i. l-lr l-';rv:i n(l no mi Li rltrL.i ()r1 f i)r pclteltt-i al rr:icl':'f aI I i. ltt.t..t t:cinlrTir-ln i t.ll.)(:fr] r=f,a{:-ci arLscis r.lithi6 L.11c.,pr-o;rctsetJ deivr.'Lopnren{:. .l-'y,l.ri r._.1l I .,r,, l:lr,:.t i. 1tr:rr1, ctf r:1.relr ;1 .Glil!:j r ag l (:]lltl as, tlrt'-re r:ir- €1 r'lL) l.)r.fl Ii;r|rclr l- r r.rrrinrr..trti Lv s;l-t-t-tctr-rr- c.-:. sr-rr:lr a,; t:f f .i. c:er:-; ur- ne-c-'-l.i rig l.) l .:.1 {..: iJ r; r :i .,; 1-rr 1rr.(-)vi. rJr: :;p;.lut: .f or- qr.rv:i. l._y r e.l ;.r l-. e:.t..1 qr:r:.rl or1 i c l..rlrelnrtnrr--rra .l..t.; i.iatr rlr r.r'i {,lr nc:i tl:irnaijn ti, !:; l: t - t-t t-: l:.. t.t l - r: i':; , ;:t-ttJ ni.i.tii.ntitl. {...1't. I r'-: (: itt r: : ) i | .j i r 5 r...t l - (:t l-t.; i.r(lt-:;t:trr;,r1. r rl alrr i." ttJltr:n I F r€:1l.JArp a repori: .{: i:r- r:: I i r,rn l: r.., ol,,,ri i nq,. {:t:r- i rrstanc.e, a t)rie .rt:rrl ;r.lr-r:t:). { t.-rr- tlre tlt:r.,,el rrriinLlrl [- t:l olre $:i. rirJ]. e f ;rnri I-v resi dejnc€:., tlie-: si l-*r j.:l eri L.lter .1. r..it..;,itl, etl iit.Ja\,/ .f:rcini .e lra:artJ, i. nr-: I. t..til i. rtti ;ter-lra;-r::, t-r:t[]:.f *,1 I , r,rr- m.i. L.r u;:,r1,:i ilrl [:iJr::llri:i tltrr:-:r:; are en'plcrverrl l-;::r clir"l--rct ,-.!Tr ''., 1it:rl. r.:tr i_ i a.l. r_1e.,r:r!. t..iq.i c {:,t-jr:.1_lr-FL}n(::Et a.r.cit..l.i rJ I lre tr ':rme.l;:i. t.* i rr1--r.r i: l-i t:' (:rf,rln irl-,{i(-{:- |iii..:; j:i the iriu:;t ;rr-r-rcjt--r|i l: aJtJ:rt:iac|i'ii1;1.Ji':|t';rtit-ro{|,l.ti{:t.(:'.t.t....,'rll.!;1:i(|r't.:it_{:]{t.:ir'iL'ri.i ..rn,,l r;t:.i l | l..i '.,tl i ri l:lii:: rir rrlil;,ri ri:::: " Iliri;re-l.lra..'r-.',..lt,|tlt|r'.i.::rl [:']. r.ta:lcl r:tttt l:,ii-t. irr i,t i f l lrr:'rr ir i:.Lr-l i rrrl lit'r. i.lr.lr.l!:;1-i orr::;" l:i.i tir: r:i tl. r,., i.ii'ii.ll'.1[:.1:i Hlilit.]i..i Iir]1 ti:irl, l l'1i.." t ,.'/.,'-Y 1 /' t-/ ,/ ,//v///,'4tv /a<n'ttt^U I i:i r:trr..r I ii:i | .i.iiit.! j t" j ,' " l:'lrl)" !:'t (r i i:i:: t i:ii,:rlrl.r.trL:i.rI l'Jl r,: .1. l,: rln NNF_R n SSCT|ATES. tNC. CONS(JITING ENGINF-ERS & AITCIIITECTS 2i 77 (ltosstioAl)s ltoul_r:vn RI)(llrAND ,,UNC]1ON. CO 8t506 . (303t 243-2242 llANNt:n ASSCrctnTEs, lNc_ ( ]( TNSULTING ENGTNF:IiRS Sl ,ll l: 6. 6():' trAsl MA|N A:it{lN. COLORADO 8l6t t . & AIrCt ||rl:cTs (30:ll 925-5rJ57 B,A.NNER JuIy 22. 1987 Mr. Michael Lauterbach P.O. Box 3451 Vail, CO 81658 Re: Dear Mike, I have enclosed a your project with as requested. EIk Meadovrs Subdivision BAr #8095-05 with regard to your question about the builcling configuration above the l2-foot heiglrL. the st-ructure above tl.rit levei may be verti-caI wal1, pitched root or other construction. ft rejlly doesnlt matter what is above the l2-foot level f rorn tlre aspect oi hazard nitigation. wirrdows are acceptable above that. lever as well. rt must be remembered that alL of the hazard mitigation is based on a reasonable level of protect-ion againsl- ttre probabi lity of an event occurring. The probabilities are low so the level of protection can be commensuratel y 1ow al.so. lf l-lre clesign hrere to protect absol.ul:ely aqailtst aJ.l. p.ossilrlo event_s. i.t wou l.cl be pr:ohibi. l-i. ve Lo bu j. Lcl al- t,lri s s; -i t cr ;.r r; .i t: worrl tl be in al. l <rr t-lrc rrrountains. Should you have any guest j,ons, plear;e feel free to call. Sincerely, reproducable mylar of the drainage plan for the change rnade frorn "preliminary', to ,,Fina l,', INC.BANNER ASSOCIA \x, --\rU C Donald G. Pettygrove, p.,8. DGP'/rIg Enclosure BANNER ASSOCIATES. INC- CONSULTING ENGINEERS & ARCIIITECTS 2777 CttOSSROn DS BOU|_F-VARD (;RAND JUNCTION, Co 815106 . 13$31 243.?.242 q tl 7 u-t a a T_n Yr 1J o |.- I )( -f ir -t ri IF N pj o-8t "k1 t.4 *t \v n ),i'r' h i T"'t+l .-l .,. Plr f :\ d' 4 r' tl r!qt i{it^ 'i ?l ,t t; "Lt d ?$\y I'Y. t, !; V'1 - t:. Ha l, [] $dIr r.r :r ii (F- O X Nti?'ua I rri',1 Al''-0 (lr ny 5 t, 4 m \ 1 e +l i[+ I'r Fl F; 'fl,1i,j-sq 00 ]fr] Flt;r ${tr 41 -J\ C / 1e / th I ia / rLl It l \ /l \/r 4 ! r1l XH CF rl, atl V tr\ tf\ -ir h() ffiq !i')n rt 1n- n4.r$\x l\J tAU rrl hr :1 c,-/o J v L f j t ib" NA --- -'X- t[ vt} o ).9a7 BA o N NEtr| o February 23, Mr. Michael Lauterbach Larnar Companies/CR Develol)ment Inc. l'. O. Ilox 3451 \rail, CO Bl65B Ite : Geologic ltazard Mitjgation Elk Meadows Subdivision Vail, CO Dear Mike i As requested. I have reviewcd Llte approprial-e measures for the mitigation of the rockfall hazard at tl)e subject site. The current Iocation for tlle loLs aloes not allow for the mitigation to be handlcd as easily as before, lrowever, it appears thaL it can be acconplished with a fcw consideraLions. f) The structures shoul(l be siLuated so tlrat at least six vertical feet of w.rll is exposed on the uphill side- The exposed face should be designed (prcferably ot r:einforced concreLe integ]:al with tlre foundatir]n) such that it is cap.-rble of withstantlinq a force of noL less tharr 2000 pounds applie<i over .-r n ar:ea of .-rP1>r-oxitnately two square f cet. 'fhe f ace <-rf l-lre wal.I sllc-luld lre proLecLed. as beforc, witlr 6 irrclr timbers for inpact absorpljorr and replacement- I'he design of these wal I s slrould be sirni-1.-rr to thclse slrown in ny letter of July 3, 1986. 2l nll oLher .rreas lrith uphill exposures should be designed to wi tltstand a 2000 pound force as wclI. No wirrclows slrould be pla(;e(l j rr waf 1s wit-h ulrh j l.J c"'pr<rsu.os. It shcrul-d be urrdersLood Llrat- Llrcrc' cxjsts tl)c poissi biliLy l-haL faJlrng rocks could irnpact l,j on's lti(l(je Loop lload above an(l be launclrcd -into the a j_r suffi<:jcrrtly to intpact. r:oof arcas,all,lrouglr Llre probabiJ iLie s of such an inrpact are significanLly Iower- than th()sc wlrich r"ri 1l inrpact. Lhe wall. 3) Insof ar as tr><)ssibJe, jt is recolrnrr:ntled t,l)aL roorns wit lr the great,e,st occupar)cy be located away fron LI)e uppei- sLories and to Llle downhilI side. A Lcrrace(l fJoor arr:angenent ap[)ears to fit quiLc weJl at thjs sitc and wjll blen<t j.nt_o the aide of l-he hi I I bel tr:r whi Je lrrovi<'lin(l .lcss cost_ t-lrr:orrqlr r:erluced excaval-r.ol). A L.ryorrl, of Lhi.r; typr: will also provide for rnaximum southern cxlrosrrrc Lo L.-rke a(lv.]ntaqe of solar heaL qain. NANNIT,R ASS(X]IA1TS. INC. COtiSULl ING tNGrr"rLRS & AllClllIt:Ctr.s 2777 CnOSSROAt)S 8()Ut EVAITD GRAND .rtJNC fl()N. CO n1506. 13rl31243 2242 Hr. Hiclra cl La u l-crlra L-lr l'el)r ua ry 2J, I1)t3'l I'n qc 'lvc) BANNEF? 'I'ltc nrel-lr.J(l oL lrarr<1 ) jlrrl r-, 1rltrn w,ill.('l- r rrrro{ f slrr-rrr l<l alta jl) lre .rsscnLially l-hr: ri,iltnc il:i lrr('viorr:;ly rrr:rrl i ()rrc(l irr rrry lcLt.er- <.rf lir-I)l-r-.nll)ct- ltl, I9ll(r. I'r(rvit;i(,u.i will [)c u('(:(]1i:;;lr.y l_o all()w l()r arl I {J" rl jarrrr:l-rj|J- (:uJ ver t, l)(:n('lI ll I lt{t r:rr.l tlr:--s;rc .rL LItc (--a!il (]l(l , lrcneat-lr l-lre nta itr r:trl-r al (j(' lo;rrl ;ltrrl ;tr'(:r.:iri roatl L0 I ()ltr; () aln(l 7 atrtl lt(ittcaI ll I ltfr l'(,ttr ;r.rr k irtrt l;l'.t<:,'j; ;rl I lt(' r.xl I ('[|l) r,rr'l;L r:trrl of I I r t' 1 r t r t i r: t : | - tu il(l{lil iotr, I ltl r r,irrlrv;r}' :ilrr)lt lrl l',-' (:()l:il r rt(:l rtrl .t t. 'I r,',at;l- Ir-r)i -lr('v(' Llrc I orv lroinl ol llrr. 1'r irrr;rr y rllain,a(rc Ir.tt ll I lrr ou(tl)()trl, Llrr' lcrrrltlr ol t lrr. 1rrr,jr.r:t. ll: ir; lr(,1 ,;rrrt i(ji lrirt.(:(l l-ltal :rirynif j (:.rIrl lilr-r-ir;r will lrr. nr.{:.rri::;rl y :ritr(.{' I lrrt rlr;ritr;r<;c ;ral-lr is; l-rr t. t:tttir j- rr .l a r gc l y rrrrrIi :; I rI r |,r'<I- Shottld you llave alry (lucl;t:iolt, IrJla:;r: fcr:l trcc L<-r r:aI]. l;iltccrcly;' , I]ANI'II'IT ASI;OC I A'I'I'$ r I NC . l. ,/-\\ ^r.--. ll \ \ \l r F' .l r ,-.\ _r ^<...c\U\\(-.\\.V\.. ( l)orr.-r ld c. l,ct,t-y9l:ov(r, l'-l::. I'ro-lecl- l'lanagct: cc: N j t-1, Lanrlri r-i s I- i lc : li09l,1i.l l t:. 22 -l ft t o f.J i-Ji=trl li,:rlrrlr.-rr y f a,, 1qf-i7 I'lr chnel [-aLttf:rb.1ch L-arttr- C.J;rrlranies/Cli L_leveIolJnrc,nt Ir,c_f . O. Lro)r .-:,451 \/aiI ! CO. Bl6:-,4 fiE: Geoloqic Ha:ard l,litiqation El l. fl€?ador.rs SLrbdi vi ei cJn r.rai I , C0. Dear 11i l.e; I havt: re\,i e{.red ).oLlr_ mc'st recent L)Iatls and .rl9o FE?\,i er.ra?d the reiJclrt lry oLrr_ st-r-LtctLl|-aI c'rroirrf]r:r, I_ron F, e t t y c-l r- o .z r: r cortcer-rrirrrJ Lt'e rocl':i.rI I nritigatii}n for tlrr? t_lli fle"ador.rs SLrbcJl \./ i sion. I a'Jr-i'e, t113l- i f thcl dr.:s i qn cr-i t.t-i.f pr e.ii:trted lJy l)or1 Fetty,gr ove in llr5 lptter of l:etrr-Lrnr.\, :iij, f .ilt7, Fr(: {rjl l.]t.,=J r I ocl:tal I lrarard r.ri I I lte. l:.rllL [:o a minl|lLliD {crr ttris rlFr\.a l blllnettt. l:c'tetrtial roct,:{al I i(rto j_lrj s =ite r.ril I lrs very i n { r- r-r-i.rr..n t o'ver the year-s, br-rt Lhis tyFe (lf nri ti q.:tr...rn i:: Etill prlrdi?nt. the mitieatiwe dEsign r.rill rrc,t aclvc,r:,tll ), a{fect -ir.ry (,ll1er- d.-...,e1 LlIrmr-'nt i n ttre .tr-e'a, I I )'oLt lr-rve' any f Ltrtller tlu.,.:,:t i fJns,pl e.1=e do not lre=r t;.tr: Lr'' r:t-rrrt,,i,L rr=. Si rrc er ely, lr/) l.ltlti 115:r,uu I.:it-l:5. I f.lc. .,' L/ - /' '1t :'1,',t'! tt, ./- -aLa r ' t" 1(.'t /' l-,1i,, Nj clr(]l.rs l,.1rflpir-i !j, t:lrlJ. Ir t).irr,- l tia rilrJqt.:l I'lL z'c I l: flANNII{ AssoctAlls. tNc ttnNN[R nss(x]t^ltis. INC ir):.\rtttt\(it\(;t\l,tR5&At((_l|| :crs ((l:s rli\(. tr(,i\tlRs R iti(]l tl(_ts stnlt 6,605 FAST MnN ?77? (-lt()ssR{)nl)s lt(jt,t l:vARl) n $'f N, COI-ORAI)O 8l(ill . (j)31 92.r-5,857 GRANT),IUNC ON. C() 8l[,06. 130:t) 243.2242 Tl ,6 d v irl , rll I -l -ir l)lv -r --ll ii tlv :l -^ ). ri I Ll-( 6-' I nl I i). I fli :!, i|l,,J il. llll '; ll rKe (f0l-)\ l_/ ,r F,t IJ l't t_. lr_ 1.1, rli erL 1ilfr )tt ({, r! -t2 diV r -;U J ,. -l /'t/1 (oi (r.il \,\ .l \l )^r-l .\"7| lf -[,t l\r ,-, Jf- l[----.[j ? ip &tl \. u \ 11 $r! ' , t "' '' ' rl1 lPl: -r l, !, :l | ,i,l l' o.,l v- /it,o I /,t r\,!l -l \llJ d .t l" ,l ),il :r.Jt I' I \; "',- t. -.",- . - i{ .\- -L j - |-ll r'l :;li \il-'ll,- s rr''V,l .l \ o ^ hJ .ti ti 1$\) rrl -l- 6l l,r A/ -, I.i4 i.rt _\l (\ t\ ) ii :{ rl .{ {,1 'ul \] n. L \) N.) !0,'.( i rll \l-\l t11 tir lt.tt,7N ii 1i ',t /1, r-' .,1 ) l-'i 'ji i 7, 1,, t ii '.'7 ij it , )i l-, L,,t r J,'j vli l-i ii k "l r.,') r{l, ', \/'.?r;.tit' vr ': P' * y, I ,,') ,l ,J ;,r /"1 'r' ir,i , i,; i t d '( t i,t ')l ,il 4I L .v{ rt Ji li ( t tj i ) o o B. DRAINAGE REPORT El,A. o N NEFl ./f rnc. I6, L9tJ7 Mr. Peter Pit tl-on 'fown of V.riI 7 5 South Front:age lloa(l VaiI, Co u1657 lle: El k Mea<iows Sulrrli v i.ri iorr Iiil j.nq f 2. I'lranc Ll.J Dc.ar Pe Ler, ('lllre Vnllcy), n| {l,091;-{):; -t aln wril-itr(lr as /<Ju l-il(IuesLc(1, tro clnrj-t:y erur: o1:irriort reqardirrg I he a',l- ici,p.1t:e(l irn])ncL crf !-lr ir; (rovc r()r)rn(]r)r rrr I lr.r sr.()r.nr r lirw j_nt:o l.lrr: ,1rljags111 l)t-.'l'rit-t y r.i.) | lt.: w,.:it 'ftre peak desi.<1rr f l.,w tlrrouqrr Lrre nea(low area f or a st.orm of r0-ycar recurr{'!ncci l S on l.y t] r;l.s llor a lt()l,a I basiD area of sonrr: lTtt ncres- 'lllc Lotn l srrr-ta(:.r{l alr,;r oll lo,rri i r; a1,1rr-oxirrrirl_cIy t).9 .1(jrc wiLlr atr ar.'t)a ol- altorrt: 0.5 .l(:l-r] ().;t_al)l.i riltc(l f ()r l,ltc l>r_ri ldirr<1 etrvelope..; (li.vitr(j a Lol-nI ol ;rpJrr oxi ntat_.rl y I.-4 ircl..cs of Llre t_ot__a l l'ru in \rlri.cll t_lrc rlr:ainat,c cltnr.;r(:l_()r ir;trir;:; i.rill l)(: al t<:r.ed by l_lr.is (levc.l.ofjnlelrt-. tl; j:; orrr- rrlrinir)|l l_lt.,t t. a y (:ltirnrlo .i ll I)cak f l()w (rcIIc,.al,c(l l)y LIr j.s <lr:vr: I <t1rnu,rrt. ir; L.ty()nrl I lr,.: ;r,:cur.-acy crf Lil.,IneLllods used t,o ca,lcu l.aLc l. lOra:; :iu(;lt ati I lti t; ;rl)rl t.lrrtr.cf Orc calr IroL bc ac(;ur.tLcly eva luat,o(1. 1'lle transn j.ss j.oll of f l ow!; t_lrt:()ll(llr l_ll{.! ]rit_c wil I bc alt;cred by lD.vidin(t il rr(rrc! r:lcar.Ly <l.l irrcrl ri'a i11;r<1r_- 1r;rl.lr a 1t_lr<lrrrllr sl.iqlrlty nr()r e ci l cuil-eul;. r^ir: lrrlir:v,. r-lrr: rwr) wi ll r)lfri(!r- nn(l t,lr(! Lr:avr_'l l-inc t-lrr-ou(lll t-lrr: sjL,!: wi. I I l <'ru;rj rr vill-u,rl ly i-ll,r :iarr() as clrlrrLrnLr- 'fhe quatrL.i-Ly an(l pointt of (ljj;clt;rr;(lo I_ Lon l.llis l)t-ol)el:t.y r.rill net cllalrge f rotn exi.sLitr(t crrn'l.i t-i()n.i ,rn(l .t!; a l.<:liuI t slrouicl lravc rrr_r .1dvef sc intpacL otr Llre a(ljacoltt_ pirr.cc l.- Sllould you ltave .-rny furLltcr clrrr:sl j.orrs. []l-(] stc (lo nol- lrcsitat-e Lo caII- since.rely, I}ANNIiR AJ;SOCIATIiS , I NC . \ " *",.JLC''.12;tc-u;,- . -,Don.rId G. PcLt-y(rrove, 1,.n" D(;1"/r lg cci llike Lauterl)acl\ tlANtrflt n ssrxtlA tFs. tN(' Cr)NS(I_ NG EN(;tNtit:lts & AllCt i(:1s ,t77? {'R()SSR()At)5 BOtI.IVARt) T'lln Nl) ,ltfffc I lolr. \:() t\ltt)(, . l:l\t.t:t )-4:t 2142 E},A R NEtr :icl)Lenrl)cr- I t], .l 9Ub |lnlrNt n nssrx-t^|ts. tN(j l ()Isllt.llN(; l Nr;tNt_l tts Ii An( t ( ts 2/// ( n():ilnr)nt)s n(,t,t tvn '{)( ;f tAt.rf ),t{ f N(t I t( )N. r j( ) u l i,{)f) . l.\t:tl ? 4 t ; ),t2 |1r. l'l i 1,. r: l,;rrrl.cr lr;r<;lr l'. O. ll()x f 4:) I Vai..l , C0 ul65u llu: SurIar:c rll';r irr;rtte lor Illk l|,ir(l(!!,rr: {irrlrrliviliir>tr V jl' c() {ll{}95..01' t)car lljkc, l,ra llavc r-cv iatwe(l Llrc rlr.;r i.rr;rrlc f ,rr (:(rn(rol_uri I ltC <l r;r ina<;t: ,.rlri r:lr rvi I I I r(,n I'i('||'l; l(irlr;c t,o()lr llr,.-r(l ;rl t-o.rrlway rlr;rwirrrlr; 1rr r.1r;rr r.rl 1,1, ,lolrrr t lr i r; pl:o lcr:t. I'a rL i cu I ar I y ns it I l,rr.r lr,-;1.", I ll l.ltc .rr;r--r':;r; rir i v<t ;rl,l'r ()xitn.rlc :il al iorr | | llt (rcr- l.t;r {'lir,\tlr ). orrr .i lrvcsl- j uat. iorrjj irrrlit:;rtc t lr;lr. Ilr<,' ttt" i'r)l t ||1r.rl-(:(l rrrr--t.a ). 1>.i pc rs .rrlr'<;tr;rt-c f or- | ltr: ;lt)l i(:i1r;rtr:rl ll,rv:;- ,l'lr. l'r.;rli.rr trJ Llre cul vcrt.i l; t;rrvt:t trt-rl lry I lrD Irr,rrlr,r.ry lrr ()l i I r, ,rrrrl l_ lrr' 1,1rI1,1y1;g1l tygri <:a I (rt()tiri-.'ic(il .i (rD ;rltrl llt('it i l r,r,t(.1 i'rr rvillr I l.., r,xi:;l itrr; r;r.ounrl. \tc l)elicvc LlraL l-lr<r :;.rrt_lrr:r rt .rrrl .l l_lrr: I ll,, ctr I vt:rL rniUllt-(lischat-(te f Jows itr rr Lrr:l-l r) r- rn;rlrrrr.r- if il. \{c) () lt()ve(l sotncwlril L to l-frc r^,rc:; f. :;o I lrir l, llrc rli:rr:lr,rr ry, rtl )-ll (_. ll:, rvil h a vcloci t:y ol.;rlrJrt t>xitrral-r,'I y 7.J lr--r'1- 1rr:r :.r'r'()llrl, il; rrol. rl il;r:lr;rr <1r.cl rlirr-<:l. ly;rl-lot- 9 as is r:rtlr orrl ly :rliorvtr- 'l'ltc si. l-t-. ;rlalt wr) r{Cr-r- lrl.)virlrtrl i D(lj (.:;l t-r-'ll I ltnt, t_l)c Jrr:ivrrLc arc(:L-stj roa<l l-tr t-lrcl;cr l()l ri is n()lv allrlrl.'>:ill;rlcly 25 lo J0 ft:r:L ri()Ut.ll of Ilrc lor:.rl iorr ::lrrrvrrr fol orrr. ,1,,rrlnrlir: lr;rz;.rr ri rrriI irl;rl iorr rror-k. 'l'ltis rltrcr oaclrtrtt'tt l- i ttt--t r:;ri;rtt; r;rttrrcr.rIrirt t ll{r Inir x irlr,ul will-rtr liur:f arcr:(!lr)v.rI iou lrrrl t.lr<: i r I r | - i r . i 1 r ; r I l r t vr'lrrr-i I icr;. 'l'ltr: ctitti(;al irr rr;t wi I I lrc ;r lrrn(t llt(] trr tt, ()l loLs 6, 7 itn(t {J wltclc !.1c itnti('ilrirt.c tlrr. vr.lor:il icl; <:rrrrlrl ,rlrlrr o;rt.lr ll f or:1. 1r111 scr:<rtrrl (lltr'- t(, l.lrr,' itrirlil i,rrr;r | ,,nr:r rl.r:ltlrrctr l_ rrl l_lrc s;l)or-t_ ..;l_ul)rlrivcw,]y wlt i(:lt is lot- l;lr.)!ert on ,tolltr 1.1.t(:lior.,nr.r r();)(lwiry <lr:.rwirr<1s. l;l_t uct_ul-(..; ;rnrl rlr ivow;ry till .r lrrrrrl I lrt_,1;r: llrrr:e lol:s slrotrld bc l)r ()t c(il-{'(l ;r<;,r il'l;L I lr.'l;r' lri,llr vr, lr,,.il_ir.rr rvillr r i;rr;r1r lr.rvil|! a nl{]ar)(li illllct-r:r- trl rrot. I rtr;:; l.)r;rrr ,) ilrr.lrlt;. ,l'lr ir; r lr;rri r. crncrrt- t:Lu ltl bc !ta i v(](l l.lrr:r>trt;lr I lrt_. rrl;r,. rrl ;rrr llt ,' (li. {_. I.t- (-.lt I vcr:1, llcneat_lt I lrc rlrLcrsccL.i on rr.i.t_lt I lrr: :;lr<;r | .illr], rlr ivr:rvly rvlrr:r c jl_ ioirrs witlt tlrc I1;) I lt al(;(jcl;ti rl|-i vow;ty. Mr. Mike La u l- er-lr.r <:lr {iepl-ernber I8 , .l 9t} 6 I'a11e 'I\o t3,A.NNI=R 'l lli\ve also errt:r-or;t-d ;r t-1'lrir;;r.l :;ir.c .;l-irtr irr..t 1r,r.arr wrri crr rnay be i ttc<'r-t-1rora t-ccl :;.i ttcr,' .r l. I :;Lrjrrr:l ur'c:; wi || lrer:rl l.o lx_- r:.l cv.lt_r:tl alr,vt,.llrt: rlr';ri lragr: w.ly nt_ lc:t:;t l'..,1 ,,_ {jltould you lt,rvt- .-rt)y (IUci!i l- i ()rr1;, l)l().r:;r rl' '()l- lre!;j l,ar te Lo calI. Sj nccrely, lJn NllttR ASSOCI n.t'I.;s , l NC - DonaId G- pettygrove, p.l:i. t:GP/rLj l,)ncI: Dr.'r ilraye ca l_cu1.rl. j_txr:; cc: SrJ s;r r) Vau<;lrrr liaqJ-e Coull t_y Clour,-Llrr_rrl;t: w/ca 1cu -la L j orr s o, Yl n v :t -l u U 2 ,r L ,t --l u r:''-t tr' --1 rrr d ;:I J ':r -6 :i '-E7 :: <,l(r'. ' - ..4 2L .1., - <> ,> 1--..f r: ;ll :1 t at 4 :l {l '::: _-L a- !-v !l UI r- t,l 'l'() o. _t tr- ..: (( ..: (r,\r,_r $'-) -t) l:_ i: .: . ,l l--{:) <,t IrJ lr- lr_(, ) (l_ lt- (J 1l l- -J fJ UI i's L) ,_l .) (r: (-) I J i 3 I \n J -o '-:o \t SfHSlll Nt (Ol J.JO nU 1cf r U , .l I [; ", I l e -i' Y,^ 9 " = .E € tl € t:r- !l r.r t t t;Er I r--e; 1.,: lt'' "t |".r t -- --l<>'r t-- I rL t-t I | -..-- I I I I I I I I I t-Irr{n t-,t- l;,1:t-|" _t- I T BLE S, c(l. 'UrAnotr sl :L.t r(Jn (JtAn.I t"lltol) pA(ur:Lr _t:__ V__ lAl.z\) ,_.,,._,.,-- f . - -:-i---' -.Jl-.:-.+- r.,hp'r.,f tr-l- (..f1 rratccl- \-l-r: C l.lrec.kc'l lt),. -- * t).q 16 - *----j:- l- Reqrrired Input - r-l^'Ar t f ;-l | , l.-- 1. ,-Y , -; '.---1: :):-J.''.4-:_ -\i_ - _ 2. Compute Vo I rrme of o' fi n<-.__--\a-_r Otrt:rin Unit pcak (tl, - l'4() 8, ltrrlificatiorrs frrr Il{lt - Rrrnoff, Q Inches: lJse CII antl p as t'|lr'| t to l:ira. 5 e.lju:;tr,xt t i:! lr!,t n;r,ln, :iet t_ Acres ; Dt.;r i nnrc Ar.e I:l,l:-: 1..,t'r t:r.(1,,.,,,:y (r,.,r,,, f^, i,,,r),n(lrFJ: Il;rrnfill ,t.Iilr t,,r. /4 -t,,,,, , l.J..rr "vcrrt r ; ,1v.rjrq. u.rtcr.,lrr.,l -,lolt. : Rrrrrof f tirrrvc llrnlrcr ,. l;.:.;U.o ShaPe r1tjs511o",rr (Ol,ri(,fl;,t: if 4. . feec : llyrlratrl ic l.arrgrh Actei : f'l ivelelti. l)r,rirrrlr Ar.^.r : llF . A,/ r_A 0ischa rge. Qtl cfslirrch (l : Itsa tA virh l:jg- ll f lat, mrxlr:r:ttc, ;rrr,l lJr lr;r n i:at iotr (rr:e f ig. |0) (:jlre..r l. 2, rrrrl .l for scc'rp s l()l)es, rcil,cctivety) ::-::.tl:1 Slope.Intcrpol;rti.rn r.1r:t(,r, St ((Irrion.rt: rf artj'strncnr is n.rt ilr.lc, set 5F - l.u) | ..) f-tr ' \ , /_) : trse y ;r[(l f.^ ri th Titl)le Z 6. I'onrling and Sr;rmp 5torage- l.Jju5rm. L f,rc1.)1., pJ; (t)|t i(,n^l : if arijustml'flc r s n()-r m.rric, ret t'f - l - 0) tfS , *C, O*_l : I of lon,l: ;1rt,l Sw:rr,rl,I Arca ( tl.r:irtl ()rr ^c-r.r!;rl rlr;rirrage Locarion in.,atersrred f.iljl ll.r, "1.:t*ti Point (6-r)*_; CcDrer or St)reid orrt ((r_tr) , _,' ,,1,1,". lleat:tres (6_c).' - _l--._'-,/_.__.__ ; [,sa I,1,5 err,l ],virh l;rlrle (r-a, (r,b, or 6..c- 7. feik l)isclr.,rrr:c (.ll', (:;rl(:rtl;rl irrD yir.h A,ljurl;n.nr:' Qf - .,qtt r (l x - F, r st: r rt:- )1"* , C:e|. , O.14 _ 1,2,..- i t.n cf i ITOF t.l{ llll{r QPI - t: : qP r It{t'F I cfs-_.-- t ' l:l:;:;:ti.ll 1;""'''"": Arca (rrese'lr o,, nl:r.ar Imperviorrs Area Arljusrrnnnt F^ctor (Fig. l2)Percentage of llyrlrarrlic_ la||gr_h lt).lified ll),(lt au I ic t-errgth lt,,,li fir:,1 i:;r<:t,rt- (,:i E. lJ) r IlD. r 2') rll t t_ , t-l\t-1-(,| -n I I (JN:l o 5. t5 {1ts S= O. 056r)() t l;/ t t Lr= U - O(,() r- f s l)= 0-558 : ft L= :O(1-OO |L ;iL O- O2O9r { L/ f t r)= O. O.II.,O() Vc:It o-6e: ft 1r= r-6;:; HrN Vl:-i: CIJANNIL Ir= O - UO(] f t:l-l lj:j-LO.OO: I Rt- ItIj.: O.Or_r: l 5- J4 {1,15' --- { r)r .o; cnlcrir-nrrurus j= .). O4O()_f_, + l:/.j.t e= U- (.,r)O 9-- O - 5't5 f l_ t-= ..;Ot) _ r)() { t_ jc= O- ()2[19 | tl;/t t n= (). O.]:J{:,U lc-- O.6.t? ft [r; l-r]4 I f[N /[E Ct IA]{NEL - Lr= O _ (,O(:, f L -I S3= I () - O(): I tiT ii5= O - r)r): I [\-r-i\ ._\- q,,,o_[ -\l- brz-r'-rc. I .,,-\r,, ., -1- -C:1 \- .\ .,, .,: f ,-t Vr.:=-i- i4 4-5:l fps { 1rs -lo t-\ (] 3 1-k: u{ z-'1 -t t r-C ) I t t .l I O. o56ut) + t:/ t t U= U_ O(-ro r.02 I ft t--= ;tO()-OO O. Of,U7U t L/ (.L n= O. (r:.io(l r - Jltl f t l"I': O- 4i4 HIfr Cl-lANt.tl:l_ Ll- O_C)(-)(J tl:ii:l-. l-l- OrJ: l ll t lili-, O_ ()(): I r_{:; ft. Vr-."-- t: f :; fl: V{::: V-. 7-bA fps 4-61 {1ts ,t:i: I t- ;c= lc: ,EE -l i I TCI I CALCIJLATJ CII.IS (l'\'J,ttr O-OAI)OO +t/+t- U= U-()ur,I.t)ti7 ft t-= 2!)()-()() O. Crf,BZa {.t/+l: ,r= C,- (,-i:Jr-ru f.3lA ft. laI- O-.1(/i fl IN Ct.lANt.tEL Lr= O. (t(JO f t:55= 2. rl(_r: I til' SS= O- (lO: I 4 - (,1 6-'t / f1r= {ps [_.,\-:; .l:--l -\> | .- ,-t e v" .\,-..' r.1 -.,..1 -r:-k o., ^ -",\ a- ,-t d t: i...- -Q-.,J r I | _l I r,/\t,t..lJt_n I I t)t.{j o-04000 {t/{t o.926 f t_ o. of,5a6 + t/ { t_r..l06 f t:1'l'= I ri(_tjt_At(Cl lAt.lNI:t_ lr- U= {-t _ O(ru :io- oo r t. tt-- O.O'.r4Oe o_ 1l(t t1 IN I - 51ri 1: 1' V- 6-,)9 fps '/- liJ f ps t ^- .rf.,.t-,_u, "a-a-1\. ..r.-\ .o\ L=cfs QI +-\OuJ t\_ () \% -_,^-l,..r.._, \ ., _ 5l-(f'l r(_ -^ l l\ l\1i-l rT \,:,\ -\?.:rfi LL!e-t.l-,'a .^_q lz N \'qL\' L- .-(.)..1:,;2J ' - -r i: i---- ^, .: ":<- :lF-= I2.r.,...- --- .2{.t\,,- =' . - r'{\,-;, L 'J,i. \.o"-.j--'. - ,t6g.L:4,L.-l^r {o.D11 --!- t[-.,] \ -,,.r.-,.,.*.,r[ - \, C;,Q- \O-i<-r A','-lCr-.,-..-1b\O.,. t-:l:.;,.[.i . =,ct)15 1(|l h.,\-. .l 4) = JOO +- \, (, -l:- ,6.-s l'-- :* ,\ 9l ._-q A^'..,-.\.i,' :1,^!r:',,'-i Q',' \':"'' \ i"-'\ " {- -'-'"'(' l''o"-g 5.r,.Ii ;il:a' l-,,,;"d:: .";J.( D ., -ll- ')t)-1.'', = Zr:Oc-=rr\ /,;.',.- l..- *.\ 1.. o (Jll - boru-< Figtu-c 9. Peak dil;.chalJ;e in cslu l)(rr irrr:lt of r1uroff vg1.5ls Liare of conc: err Li:r Liorr (I'") frrr 2/.-ir,rrrrf t.;yqv:_II .; {^)rlt diri i,r. j_i:rr l,i on. f"O rr.O 5.0 oF cot{(::I n,l r t 'l'o furtltcr dcfilrc Iirlitations on Lhe y,raphical nctlretl t5c rcsults of llllmcrous 'fll-20 rurrs wcre cotnl)ilrcrl r.ri t,lr est_.ilnatcs .bf Pcak tli:chargc rnarlc witlr 1'lrr: 111x1111 lq;tl mcIltorl- 'l-lr.: rirrr: rvt: r'r: rrr;rrl,: {''r .arrrlr::; .1. tlrc L]rnc of c('lce'-f l-;rt. i('Il (lrollr:;) ' Lltr-' Pt-.rt:iPit;rt. i.orr volrrnr: (irrr:lrr-.:;), arrrl t.lrr:, crr.vr-. rrrrnlrcr of 0.5 to 5.0 lrorrr:, I.0 t-o li).0 i,rr.:1,,,r;, arrrl li0 Lo !) lj t:rrt.vr_. ltrrrrlrr:r. rrnit.s, re_:il)'lctrvcly' 'l'ltc rt::;ttIts irrdic;rtc Lir;rt, Llre 1ir;r1,lr ic;rl rrrcl.lrotl is a vali,l ap-Iroxitnatiott of 'llt-2o as lort11 a.s Lllc' inil-i;rl ;rlr:; i r-act iorr is It-,ss LSarr 25 per-ccttI ol] tlrr-' t0Lar 24-lrorrr r:rirrI'all; t,lri:; (:(r,r:;l-r-;l ilrr- is c;r:;ily a:,scsscrr rrsirr:tltr: frll lorvirrr; t;ll)lt lirr- r.ol)l.r--,:;onl..rI ir)n ()l- l_lrr: ,:orr,;tr_:rint., r.rlr it:lr r-cl;rt:es Lltc t:rttvrt llrrrnlrrjr. (t.il) ;llt(l tlto rnilr irrrrrrrr 1rlr:r:i1ri|;||-|or|: I -t\ 50 60 70 80 90 trrirtilnrnt pl,:r;ipit;rI i prr lJ.l)0 itrt:lrr--s 5.li . 3-42 2.O0 0. 8rJ 0.,t2 I I \ I I I -i I I /-) O , ,.r,,tt""'Jb: lT; I I I I I I) | t' .TIME OI: COI\CIN IIiAI'ION Fy FOR OVIIILAND :I'LOW 'h ;. i() O --'rF 5 () (l (l ' .t(l() lrl l'l lr- I 1n lr, co 1- "" :f .: trJ ; BAS{:D ON EQUATION Tc :, _19 !_.1 - C ) v/ D- Y-s C. Coe I f icienl of rr:no[f O ' Di:lance of (low irr f eet S . Slopc in "/. L\iL \:. *,'. -\\ €Fe. "L c 1*:{ s.A EI(AMI]LE D . .1OO' 5' t"L c' o.70 T"" l5 l'linule: k, L'o^-: \-\.J L"p 8 -3G JANUAIIY IgiJO r o :g +-(r l rJ (J o: F a t d l- loo - r60 rf6 t44 tJz t20 FIGU RE BO4 - 1 E *-.\ r.o-+_Ll^{11_ 6- 4.-- -'- (t) t- I t G i I ;l . (J) (2) - too -96 t i j ; 1o,()0(, B.()oo 6.OOO 5,OOO 4,O()0 J,0()(, e,ooo I,O(J() aoo t_xAlrPt_[ o. \6 ;^.r.. ll.o t..rt o t r..rl lrl r.i 1. lrt t.t (. t frf t.2 (.c 04 . J6 -- 6()0 - 50() _- 4(}0 -60 -5 -1 -J :: (t t) o: 4 :r'..' ;. ci JOO 200 fOO ..' BO- 54 48 - 42 "'' -5() -24 .- Jf, 'zl 2l g'-fs .: 'i'"^/":',ry'/i ,rn s.-1c\€\> 2-c.\s l. u....n1. 12, .. lll .rorr.l lr6.rr..r.rlt r. ...1. lll. tr.. r.. I l..a l;.. rr'.elt n.., O ... r.. r t rl-t'-ff\t\. l2 IIEADWATf II DEPTH FOR C. M. PIPE CULVEllTS ". lb'd h"s <apc,-.L.) wrTlr rNLE-I- coNTRoL n\uct : r-c a--\.-.,v- 1 tJ"r'..t- 2.o.9; .="J € '{ trlllllilll R ECOM MI'NDL D )--Founrlatiolt slrr>rr_1.d sw<:ILj.rrg rnl LrIr..i.a l.951 ttf l_i l_nrrr.l .rr.rl 5 L anclar--tl D-6 9t]- 3. il'; l i).i-- / sc Ht M/l rtc Si Lc gr;rdirr<J slrr-ltr l-r.l :;1.,.r;_r,r ;rr,v,ry f_ l_()rl rlircct-iorrs. Ilc r_-s111111s11j ",f .-i-,rf ,rr,, '.1 ,,,. t;f er:t anrl l,/4 j_rrclr pcr I-ot:t- t: I. l; r 1 j71 1 1 1 1, 6-. - SI'TL GLIADING l'-ltt: :;l:.r.rrr;[11.1-1- irr ;rl- ]-ittclr,..:; i-n t_lre .f _i_r:.;L -1 0. n()n- l-lra r-r Ali TIl Irt.-iga{-ion slroul<1. br: rl_irr i_rrr i,zc<l ol,_ r:,l.i.rrr_l_rr;rl_rr,l wlrr:r__e possil>,lc i3,r,1'o";1]'rtJr-'-tt" Irrrt-r-'ttl:i;r l- r-t"t "*.r,r,;:; 'r'1.:;[=rrr-'c r,. rr:;rcrr t-'e ii:i.ilir L.DECLARATION PLANNED THE ELK OF PROTECTIVE COVENANTS DEVELOPI4ENT GUIDE FOR MEADOWS SUBDIVISION t o DECLARATION OF PROTECTIVE COVENANTS FOR ELK MEADOI,JS SUBDIVIS ION Owners of Record, Brad and Susan Tjossem ("Declarant"), is Ehe tecotd and beneficial owner of all of the real properry within that cerEain subdivision denominated Elk lleadoi,'s bubdivision located in Eagle County, Colorado, the final plat of which was recorded in Book --.-- 3t Page -, of the i.coras in rhe office of Ehe Clerk Eid- RecorderlT Eagle counEy, Colorado. , _ Declarant does hereby make, publish and decl-are chaE Ehe following terms, covenant$, conditions, easements, restrictions, uses, reservations, liniuaEions and obligations shall be deemed to run LtiEh the land, shall be a burden and a benefit to Declarant, its successors and assigns, the Tor'm of VaiI, as to certain testrictions, and any person or enuity acquiring or owning an interest in the real pr-operty described above and all othei real propert)/ hthich is or becomes subject to this DeclaraLion and improvements builr thereon, their grantees, successors, heirs, personal rePresentatives, devisees or assigns' 1, DEFINITIONS: As used herein, the following words and terms shal"T-TEve c-6if ol lowing meanings: GROSS RESIDENTIAL Is a term as defined in Secrion 18'04.130 FLOOR AREA of the Zoning Resolution (the "Zoning ("G,R.F.A.") (ResoluLion") of rhe Town of Vail, Eagle Countv. Colorado. SUBDIVISION BUILDING ENVELOPE TRACT SINGLE UNIT RES IDENTIAL BUILDING ENVELOPE DESIGN REVIEW COMMITTEE Elk Meadows Subdivis ion. A lot within Elk l'leadows Subdivision. A Eract within EIk Meadows Subdivision. A Building Envelope which can be used solely for residentral purposes and upon which not more than onr: building containing not more than one single farnily dwelling unit (as defined irr SecLion 18.04.080 of the Zoning Resolurion), and containing not more than two enclosed garages or one 2-car garage, may be constructed' OPEN SPACE TRACT Tract 1, which shall remain in iEs natural and undisturbed state or be landscaPed in a manner appro'red by the Design Review Commirree. as hereinafEer defined; provided, however, thac an Open Space TracE may have constructed and maintaiired chereon utilities and drainage facilities in areas as so designated-on rhe final plar of che Subdivision. A group of three persons who shall be reiponiible for the administration and enforcement .rf these ?rotecrive Cbvenants and other Design Guidelines, if any. Such Dersons shaLl be appointed by Declarant. The besien Revier,r Committee (sometimes teferred fo h6rein as the "Committee") shall, among other Ehings, review and oversee Ehe developmeni of the Building Envelopes and Tracts with regard to siEe design, DESIGN GUIDELINES ROAD TRACT OWNER ASSOCIATION COMMON EXPENSES architecture and landscaPing. Any action, decision or approval to be given by the CorffniEtee shall require a maJorrty voEe or iEs members. Should Declarant' at any E r-me rithi.t 30 days after receiving- written notice "i-"-""""""y in the Commitree having occurred for any ."a-son whatsoever, fail-to-appoint a ,,"r tn"itb"r to the Comrittee to fill a vacancy, the owners by- a majoriEy^vote shall desieniie such new member to the Comnittee' with an Owner having one vote for each Building EnveloPe owned. Guidelines for the development of the Building Envclopes and Tracts shall be adopted-by the ComrnitEee, which. shal1, among othbr things, interpret and/or implement the orovisions of these Protecrive Covenants. tluidelines may be amended from time to time with the rnajoiity vole of approval from the cornmiLtee aid apirroval of rhe Town of Vail Design Review B6!rd. The guidelines will be available frorn the chairperson of Ehe Committee and Town of Vail CoTrmuniEy Development Department' Txact 2, which can be used solely (i) to- orovide'a Drivate road and right of way for brivate usi as ingress and egress from each bf ttr. Buildi.ng Envelopes Eo Lion's Ridge Loop, a public-road lotated in Eagle-County, Colbiado, (ii) to provide for vehicular oarking in areas ai so designated on the ^f inal [Iat of rhe subdivision, and (iii) to orovide open space in the same manner as an boen SoacL TracE on porEions noE used for a oiivatl road and right of waY or for irehicular parking; lrovided, however, that the Road Tlact may irave constructed and mainEained thereon utiliEies and drainage facilities in areas as so designated on the final plat of the Subdivision. Any individual , corporat ion , - par rner ship , asiociation, trust or other lega1 enticy' or combination 'tf legal entiEies ' which is the record owner of an undivided fee sirnple interest in one or more of the Building Envelopes. The Elk Meadows Homeowners AssociaEion' a Colorado nonprofit corPoration. All expenses expressly declared to be comnon e*pensis by this Declararion or by the bylaws of'the Assbc:ation; all other expenses of administering, servicing, conserving,- managing, maintaining ( including,. wiEhouE limiiat.ion, snow removal and landscape naintenance), repairing, improving or replacing the Open Space TracE' qhe Road Trlct anE improvements located thereon; insurance premiums for the insurance carried under Paralraph 10 herein; and all expenses lawfully deteimined to be conmon expenses by Ehe board of directors of che Association. This Instrunent and all amendments or DECI.ARAT ION FIRST LIENOR supplements chereto hereafter recorded in the records in the Office of the Clerk and Recorder of ':agle County, Colorado. The holder of a promissory note payment of which is secured by a firsf mottgage or first deed of trust encumbering an interesE in a Suilding Envelope, "Mortgage" shall incLude a deed 5f tru"c, and "morlgigee" shall include the beneficiary of a deed of trust. 2. DEF INITION Single Unit Residenrial Building Envelope Open Space Tract Road Trac c : These covenants and restrictions are LOT DESCRIPTION Building Envelopes r,2,3,4,5 Tract 1 Traet 2 made for the purposes- o-creating and keeping the Subdivision,insofar as possible, desirable, attractive, beneficial and suitable in architecEural design, macerials and appearance, guarding aBainst fires and unnecessary interference with the nacural beauty of the Subdivision, and providing ingress and egress from all Building Envelopes in the Subdivision to a public road, all for Ehe mutual benefit and protection of the owners. 3. USES: Al1 Building Envelopes in the Subdivision shaII fall within-t[e followine laiid use dbfinitionsi 4, APPROVAL 0F CONSTRUCTION PLANS; (a) No buildins or other stru@ected, or maintainEd on any Building Envelope, nor shall any addition thereLo or alteraEion or change therein be made until compleLe plans and specificaLions (inaluding, but not limited to,-a colbr rendering and/or a model, floor plans, elevations, site and grading plans,provisions for off street parking and locations of driveway access, landscaping plan, the spr.:cif ication of principal exterior maEerials, color schemes and Ehe location and the method of utilization of all- utilities) have been submitted to the Conmittee and by it approved in wriEing. In addition, each owner that builds a structure on a designated Building Envelope shall cornply wiEh Lhe design guidelines and rockfall mitigation requirements as outlined in the Environmental Irnpact ReporL by Jamar Assocjates dated July 22, 1987 and revisions of exjstjng reports made as of March 12, 1990. Copies of guidelines and mitigation require- ments shall be available to prospective purchasers from the Town of Vail Community Development Department and fron the Committee. Each owner may choose Eo have another qualified engineer/geologist design appropriaEe rockfall mitigation measures, as long as the nicigation solution does not have negative visual impacts and is approved by the Town of Vail CommuniEy Development Departoent and the Town of Vail Engi-neer. The Town of Vail shall have the right to enforce the covenanEs and all requirements wiEhin subparagraph 4(a) herein. The covenants and requirements contained in subparagraph 4(a) herein may not be amended or deleted without Town of Vail approva I . (b) owners are encouraEed to consult with Lhe committee prior to and during the prepirati':n of such plans and specifications in order to avoid withholding or delay in approva r . GENERAL PURPOSES (c) If upon the exPiration of 30 days from the date of Ehe submitral of pians and slecifications to Ehe Cormitcee by an Ovmer, the Coirmittee has' Eaken no action, the plans and specificacions will be considered approved-by the Committe,e and the 0wnet may conunence con$truclion only after obtaining the applicable governmental zoning and building permits ' (d) The Committee sha1l be auEhorized to levy a reasonable charge,'not exceeding fifteen certts for each square foot.of G.R.F.A., for the reiiew of plans and specifications, which charge shall be paid in advance. The proceeds of such-charges shali be used fol the administration and enfotcement of these Protectlve Covenants. (e) UDon the approval of plans and specifications, the- Owner shalli be requilLd to escrow funds for che comprecron ot. landscaoins items'and maEerials that are to be installed by che o*tr".. 'EsErowed funds will be returned to the owner after iatrd"."ping has been in Place in satisfactory condition for a one year period. (f) In passing all such pLans and specifications, the Comrnitiie strail takE into consideraEion the suitability of the. oiooosed buildine or other sLructure and the maLerials of which 'it 'i" to be builI Eo the Building Envelope upon which.iL. is to be erected, the harmony thereof r^'ith the surroundings and the- ettect of the building or 6ther structur:e, as planned, on the outlook from adjacent 6r neighboring Building Envelopes' (g) The coffniEEee's goal- is Eo create, for the entire-. Subdivision, a cornpaEible ind homogeneous architecEural quality harmonious with Ehe characrer of the area. (h) The Connictee shall use reasonable judgment in passing upon al1 such plans and specifications'.but the Committee sharL nbt b. liable to any persbn for its actions in connection with suU*lttea plans and- sirecifications, unless it be shown that the Conmittee icEed with malice or wrongful inEenc' (i) The following speeific resErictions shall govern conscrucLion on and use oi any Building Envelope' (i) DENSITYT a building siEuated on a Single Unit Re s idenLiaT-TdiTding Envelop6 shall not contain more than 3,200 square feet of G'R'F'A' (ii) SETBACK REQUIREMENTS: Minimum setbacks for the location oFG tiuE tu?EE-Ei cE lations to Building Envelope DerimeEer lines shall be as follows: (aa) No structure shall be locaeed on the Utility Easement as so designaEed on Ehe final plat of Ehe Subdivis ion. (bb) No structure shall be located less than two feeE ff,om either che east or the west perimeter line. (cc) No Structure shall be located less than three feet from the north perimeLer line' (dd) NotwichsEanding anything contain€d ' hereinabove to-the contrary, roof overhangs and d.ecks may encroach inEo the seLback areas described ir- subparagraphs 4(i) (ii) (bb) and 4(i)(ii)(cc) her-ein io long as such. roof overhangs and decks are totally r"Tithin the oerimecEr lines of the Building Envelope' (iii) BUILDING HEIGHTT No structure located within the Subdivis ion-TF?l[T-EiEEdi-at any point on the strucEure' Lhree stories or 33 feeE in height (as defined in SecEion 18.04.170 of the Zoning Resolution) ' whichever is less' (iv) PARKING AND ACCESS EqqqI4El'IENT!.: (aa) One off sLreeE par@all be, Provided on each Building Envelope wirh such off street parking spaces being required to be- provided in enclosed garages. (bb) t'to off street: parking spaces on any Building Envelope shall be allowed outside of an enclosed garage, -except for up to one space locaLed imnediately in fronE ot and tontiguoirs to the hoors of an enclosed garage located on the Building Envelope, (cc) A11 driveways and parking areas in the Sub- division shall be paved and Ehe maximum permissable driveway or parking grade shall be 8.0 Percent. (dd) All vehicular driveways and vehicular ingress and egress access to each and every Buildile Envelope. shall ,be reitricred to access whir:h comes directly off of Ehe Road Tract except for Lot 5 which js proposed to access djrectly off of Lions Ridge Loop (Buffehr Creek Rd.) (v) LANDSCAPING: The concern of the Committee shall be co -impr6i6-TEE-iEEural appearance of the Subdivision and the maintenance of such appearance. Owners and cheir representatives or builders will be required to: (aa) Minimize disruption from grading' (bb) Revegetate and restore ground cover for erosion and aPPearance reasons. (cc) Use indigenous species of plant maEerials as established bY the Cornmittee ' (dd) SelecL the man-made elements that blend and are comPaEible with the land' (ee) Use exiscing or natural drainage PaEhs ithen- ever Pos s ible. (ff) Conserve and proEecc topsoil , rock formations and unique landscaPe features. (gg) Sod such areas as determined by the Committee. The Conmiccee shall require complete landscaping plans ' As oart of such Iandscaping plans, each Or^mer shall be required to submit compleEe piani ior the landscaping of aII portions of the open Space Tiact that are within 10 feet of the oerimeter linbs of such Owner's Building Envelope, and it LtratL t" the obligation of such O\"ner to complete such. iandscaping of thE Open Space Tracc. The owners will be encouraged"ro make aiequat.e provisions for landscaping costs in theii overall constiuction budgeE' (vi) WATER AND SANITATION: Each structure'! designed for occupancy d-use Et-EumAn TEEg s shall- connect vtith waEer and ianitation facilities made-available by Upper Eagle Valley Water and Sanitatiorr District or any other.similar-- eovernmenEal or quasi-governmental enEity. No privace welIs Ehall be used as -a souice of waEer for human consumption or irrigation. (vii) ELECTRICAL AND TELEPHONE SERVICE: A11 and teleph loPes placed underground, electrical will be (viii) EASEIIENTS: Easements and righEs of way are hereby reserved aE-Gfr6ifr-6r described on the final plar for the Subdivis ion . (ix) SIGNS: No signs, bil-1boards, or ocher advertising scrucLure o-f-anv kind s[all be erected, consEructed or maintained on any Building Envelope for any purpose whatsoever, excepE such signs as have been approved by Ehe Commi E Eee . (x) FEICES: Design and localion of fencing shall be submitted to and approved by the Committee prior to installation. (xi) TRASH: No trash, ashes or other refuse sha11 be Ehror,m or -umped on any land within rhe Subdivision. There shall be no birrning or oEhe): disposal of refuse out of doors. Each Owner sha1l provide suit.able receptacles for Ehe temporary storage and collection of refuse and all such receptacles ahal1 be placed in enclosures attached to the builbinss so thaL sucl receptacles shal1 be screened from the pubiic view and protected from disrurbance. (xii) LIVESTOCK: No animals, livestock, horses or poultry of-Eny-Elnd (except dogs, cats and other domesticated pets for houiehold enjoyrnent, not for commercial purposes and not to exceed Ewo in number may be kepr by an owner so long as such pets are not a nuisance Eo ".ty otir"r Owner) shall 5e kept, riised or bred in the Subdivis ion . (xiii) PETS: Household.peEs,, such as dogs and,caEs, must be containElupon an Owner's Building Envelope. owners may not construct i fenced run on Eheir Building Envelope. Pets shall not be allowed to remain tied or chained anywhere in the Subdivision, and any Pet so tied or chained rnay be removed by the Association or its_ qgenr? ' Pedestrians accompaniLd by dogs wiLhin Lhe Subdivision must have said dogs irnder their airecL conLrol by use of a leash not to exceed ten feet in lengrh' (xiv) TEMPoRARY STRUCTURES: No temporary structure, such as a 6aG emenElEETfE?, rnobile home or tent shall be permitted in the Subdivision, except as may be-determined !o te necessary during construction and specifically author:ized by the Committee in writing and in accordance with the rLgulations of the appropriate governmental entities. (rv) TREES: Trees natura!!V exisring upon. any .Building Envelope oi-Ei6n any Tract shal,l not be cut, trimned or removed frour the Building Envelope or Tract without the prior approval of the CommiEtee. (xvi) TELEVISION ANTENNA: Exterior mounted, exposed c e I ev i s ion-i-r-Tid'ii-EiTEifriwil I no I be permi t t ed v/i thin the Subdivision. Such anEennae' if installed, must be concealed from public view. (xvii) SCREENING: Fuel tanks, electric meters, garbage areas. c l oEE-e-FIfiEE, boats, commercial trucks, trailers, camDers, motor homes ' ATV and recreational or inoperable vehicles, air condicioning equiPment, relevision and radio antennae and other related features must be screened or encloged from view from surrounding Building Envelopes and proper tie s . (xviii) SPARK ARRESTORS:all ch imnei6l-- Spark arrestors are mandatory on (xix) OUTDOOR LIGHTING: All outdoor lighting comes under the lurEs ficlffithe Comnittee. (xx) REPAIR OF VEHICLES: No work of automotive repair shall be oETfoirned- anvwEere wichin the Subdivision except within privace garage3. (xxi) ACCESSORY STRICTURES AND GREENHOUSES: Accessory structures, if any, shall be of samlrar conscructlon materials and quaiity as principal buildings. Greenhouses must be constructed of permanent materials and must be a parE of the residenLial structure or Sarage and may not be free i; tanding building. (xxii) CONTINUITY 0F CONSTRUCTI0N: A11 sttuctures "oo*.n..d ffie prosecuted di ligent ly Eo comDletion and sha1l be completed wiLhin the tr^/elve rnonths of commencement unless LxcepEion is granLed in $Triting by the committee. (xxiii) NUISANCE: No noxious or offensive activity shall be carried-6fr-iitfi-in the Subdivision, nor shall" anything be done or permitted which shalL consritute a nuisance therein. (xxiv) STOMGE OF MATERIALS AND EQUIPMENT: Owners.and contractors are permitted to store construcEaon InaEerlars and equipmenE on the approved construction site,during the constiuction period, it shaLL be neatly stacked, properLy covered and secured and is che responsibility of the Owner and the contractor, Owners and contractors will not disturb, danrage, LresPass or store materials or equiPment on oEher Owners' Building Envelopes, on the Open Space Tract or on the Road TracE. (xxv) DEBRIS AND TRASI{ REIIOVAL: Owners and contractors shall clea@s on Ehe construction site aE the end of each day. Trash and debris shall be removed from the site at least once a week Eo the closest solid waste disposal site approved by Eagle County. Owners and contractors are prohittited from dumping, burying or burning trash anyvhere in the Subdivision. (xxvi) SANITARY FACILITIES: Each Owner and concracEor shall be rElFonsTETe -Eoi providing adequate sanitary facilicies for his consEruction r,torkers ' (xxvii) PARKING AREAS: Construction crer^ts and ocher constructi6i-!rc:GJfrET-shall not park on the open Space Tract or use oEher Building Envelopes for parking PurPoses during cons Eruc E ion. (xxviii) P.ESTOMTION OR REPAIR Od IIIER ?ROPERTY p4!4{GED:D;rt; ;r limiEed to other Building Envelopes, the open Space TracL' the Road Tract and improvements thereon, driveways or other improvemenEs is no! Permitted' If any such damage occurs 'it-wilL be repaired promprl,r aL the expense of the person causing the same. (xxix) CONDUCT AND BEHAViOR: AII Owners shall be respons ibLE"T6iTfiE-i6niluEt-?id behavior of their agents 'repiesentatives, invitees,'auilders' contractors and subcontractors. 5 . DMSION OF TRACTS . ( a) Each and every Tract is hereby divll&fGiEE-TEat-an undivided interest in each and every TracE is hereby conveyed and mad: -apPurEenant Eo each and every one of Ehe Buiiding Envelopes as follows: Bui I di nq Envelope Appurtenant Percentage Interest in each Trac' 20. 00 20.00 ?0.00 20 .00 20.00 1 2 3 5 (b) Each Building Envelope and iEs appurtenant inreresr in Lhe Tracts shall be i-nseparable and may not be conveyed, Leased, devised or encumbered one without the other. A transier'by an Owner of legal Lirle Eo all or any portion of a Building Eirvelope shall auEomatically transfer a proportionate interesE in the- appurtenant inEerest in the TracEs. No interest in a Tract by itsi:if may be granted, conveyed or assigned by an Owner separate from his Building Envelope. (c) Each and every Tract shall be owned in common by Ehe Owners and shall remain undil'ided. No Owner shall assert any righc of parEition wiEh respect Eo a Tract and each Owner waives an! and ail rights of partition he may hold by virtue of his or,irership of an undivided incerest in the Tracts as a tenant in conmon with the other Owners. (d) Each Owner shall 'oe entirled to use the Tracts in accordance with che purposes for which Ehey are iltended,. without hindering, impeding br lrnposing .tPon the rights of the other Owners aid in'accoidance wittr Lhe rules and regulations duly esEablished from time to time by the AssociaLion, as provided for here inb e low . 6- EASEMENT FOR USE OF RoAD TRACT: Declarant desires to provide to effiress to his building Envelope from a private road and Declarant hereby grants and assigns to each 0wner a perpetual, non-exclusive easenlent and rioht of wav under. over, across and through the Road Tract for l;; ;r;p";;; iiuuiect to the adminjstratjon of the Assocjation) of constl'uatjng, maintaining, repajring, enlarging and reconstructing a roadway- the reu pon provjding vehicular and pedestrian in!ress and egress between his Bui lding Envelope and lion;i Riaqe ioop (auttehr Creek Rd.), a private road located in Eugi"-Couniy, Coioiado. The easement and right. of way hereby granted ind iriiq"ed'thall run with the land and shall be appurtenant to,each Bui ldin-g Envelope , such tha c a tLans.[er by an ornner ot IeEaI ticle t6 all or- any portion of a Building Envelope shall automatically Eransfer a proporLionate interest in the easement and righE of- way granted ind assigned herein; provided, however, that n6 interest In the easemenE and right of way granEed and assigned herein for Lhe purpose of a roadway may be.dedicaced to the lublic or granted ro a non-Ol,mer without the prior vtritEen consenc of alI Owners ' 7 . ADMINISTRATION AND MANAGEMENT OF THE TRACTS: ThC Tracts sha this Declaration, the articles of incorporaEion and rhe bylaws of the Association. Each Owner shall be a member of the Asgociation and shall remain a member until he ct:ases to be an Owner. Each member shall comply striccly rtith rhe provisions of this Declaration and bf- the arcicles of incorporacion and bylaws of the Associacion. Each member shall be bound by and shall comply with rules, resolutions and decisions of the Associarion duly made or adopced in lhe manner sei forth in Ehe AssociaEion's "iti"f." of incorporaEion or bylaws ' Such rules, resolutions and decisions rnay app1y, $rithout limj.tation, to the conErol and use of parking areas lbcaLed on the Road Tract including' without lirnltatioi, the designation of specific parking spaces Lo be used by specific Owners to the exclusion of use by Ehe other ovfflers. riilirre of the member to comply with such provisions, rules, resolutions or deci-sions shall be grounds for an action to recover damages or to obtain injunctive relief, or both, mainEainable-by the Association on behalf of the oEher Owners or, in a proper case, by an aggrieved Owner. In addirion, the Assocllarion's byiawi tnay lithotire the Association, during the period of any delinquenty, (a) Lo revoke a delinquent Owner's iight to use the Tracts and (b) t:o suspend a,member's voting. privileges; however, no such suspension shall affect the rights of a First Lienor. 8. MAINTENANCE AND REPAIRS 0F THE TMCTS: The Tracts and imorovemen erved, managed, maintained (including, without. li.mitation, snow removal and landscape naintenance), repaired, irnproved and replaced by uhe Association. However, if the need to make such repairs or maintenance resulLs from the negligence or intenLional act of any Owner, his family, agent or invitee, such Ownei shall reimburse the Association ior all the costs of repairing such damage and shall be liable to the other Oi^rners for all addiEional losses or damages suffered, including reasonable aEtorney's fees. 9. ASSESSyTENTS FOR COMMON EXPENSES: (a) Each Owner shall pay his pr ses, r{ith such Pro raEa share of each Owner to equal the undivided percentage interest in each and every Tract appurtenanE to such Owner's Building Envelope, as ipecificaiiy sec forth in subparagraph 5(a) hereof. (b) The boatd of directors (the "Board") of the Association sha11 fix, deEermine, levy and collect annual and special assessments co be paid by each of the Owners to meec the comnon expenses and to crlaEe a contingency reserve therefor. Prior Eo thl beginning of each fiscal year of the Association, the Board sha1l ldopt i brrdget for that year. The budget shall include, but shall- noE be limited to, an estimate of the costs of mainEenance, repair and replacement of the Tracts and improvements th'ereon, che tost of services to be provided-by rhe Asiociacion, the cost of insurance required by Paragraph I0 herein, and proposed capital expenditures. The budget shall include an abeqirate r"sbtte fund for the maintenance, repairs and replacement of the Traccs and improvements thereon, in order Lhat suih maintenance, repairs and replacement may be paid for,through regular installments raEher than by special assessment. For the AsSociation's first fiscal year, the board shall adopt the budget at the first meeting of the Board and designaEe the daEe of -cormencement of the-first annual assessmenE, with the cosEs for maintenance, repairs and replacement of the Tracts and improvements thlreon and any reserve fund needed Eherefor based on'a good faith esEimace of'those cosEsi said estimate m-ay be based-on the costs incurred by similar associations in the general locale. Thereafter, the cost of maintenance, r-epairs and ieplacement and any reserve fund needed therefor shall be on the basis of the previous year's costs wiEh such adjustments therefrom as the Board considers approPriate, The budget shall also include the annual assessmenr for each Ohtner. Special assessments rnay be levied whenevcr in the opinion of the Board it is necessary or advisable Eo do so (i) to meet increased operating or maintenance expenses or costs, (ii) to ptovide for rhditio.tll capital expenses, or tiii) because of emergencies; however, if Ehe proposed additional caPital expenses at any Siven time are in excess of 40 percent of the existing budget, such expenses may be incurred only,after the Owners, by the vote of chb o',mer s bearing at least 75 percent of the coqtngq 9xp9nses, aDDrove such expenses. AII annual assessments shal1 be based upb. rn approved budget; all other assessments shall be in irernized statement form and shall set forth the detail of Ehe various expenses for which Ehe assessment.s are being made. (c) The Board shall prepare and provide to each Owner a staEement for the annual assessmenc and any special assessmenL againsL his Building Envelope. AnnuaI assessments for the budgeted common expenses shaLl be paid in quarterly inscallments, each such installment due and payable in advance on the first day of each calendar quarter, or more frequent instalLments as may be determined by che Board. Special. assessments shall be due and payable as specified in the etritten nocice of such assessment provided by the Board. (d) The Board shall have the right to add to any Or1'ner's assessment, as provided in this Paragraph, those amounEs expended by the Association for the benefit of any individual Owner, including but noE limited to, fines (pursuant to rule adopted by che Assoaiation), repairs and replacements to the Tracts and/or improvements thereon caused by Ehe negligent or ltillful acts of said Owner, his family, guests, employees, licensees, lessees or inviEees, and all other expenditures or charges Provided for by this Declaration or the Association's bylaws. (e) If any assessment shall remain unpaid ten days after the due date thereof, the Board may impose a late charge on such defaulting Owner in an amount equal to 1.5 percent of such assessmenE, Likewise, a late charge equal to 1.5 percent of the unpaid assessment may be imposed on the first day of each calendar month thereafter so long as such assessmenE shall be unpaid. Failure to make pa)'rnent wichin 30 days of the -due date thereof also shall cause the full- amount of such Owner's regular assessments for Ehe reqtainder of that year to become due and owing at once, at the option of Ehe Board. In the evenE it shal1 becone necessary for the Board Eo collect any delinquent assessments, whether by foreclosure of a lien hereinafter created, by commencing of a court action (which may be brought by the Association t^tithout waivins the lien hereinafter creaEed) or otherwise, rhe delinquent Ownei shall pay, in addition Eo the assessmenE and late charge herein provided, all- costs of collecrion, incLuding a reasonable attorney's fee and costs incurred by the Board in enforcing paymenL. (f) A11 sums assessed but unpaid for the share of conmon expenses assessed to any Building Envelope shall constiEute a Iien on such Building Envelope and appurtenant interest thereto in and to the Tracts in favor of the Association prior to a1l other liens and encumbrances, except: (i) liens for general property Caxes and special assessments, and (ii) the lien of any iirit mortgage or first deed of trust of record encumbeting such Building Envelope. The AssociaEion's lien shall attach from the date when the unpaid assessment shall become due and may be foreclosed by the Association in like manner as a mortgage on real property upon the recording of a notice or claim Ehereof executed by a member of the Board on behalf of the Association setting forth the amount of the unpaid indebtedness, the name of the Owner of the Building Envelope, and a descriPEion of rhe Buitding Envelope. If any such lien is recorded by the Assoeiation, the Owner shall be required to pay the costs and expenses of the preparation and recording of the Association's libn, including iealonable atcorney's fees, or $150.00, whichever is greater. In any such foreclosure, the Ovner shall be required to fay the cosEs and expenses of such proceedings, in,lluding realonable aEtorney's fees. During the period of foreclosure, the O\,ner of che Building Envelope subjecc to such action shall be required to pay a reasonable rental Eo the Association. The Associacion sha1l be entiEled to purchase the Building Envelope aE the foreclosure sale, and to acquire, hold, Iease, mortgage or convev the same. IO (g) No Owner shall oavmeni of his share of th-e use or enj oynnent of Building EnveloPe. exempt himself from liabilicY for the common expenses either by waiver ot Ehe TracEs or bY abandonment of his (h) If involving a first mortgage or first deed of trust' sale or- transfer of any Building Envelope as the result of courL foreclosure, foreclosure Lhrough che public Erustee, or any -oio"""Ai"n in lieu of foreclosire, including the transfer of a deed in lleu of foreclosure, shall extinguish the lien of such assessmenls as to payments ihereof for qeriods Prior to such sale or Eransfer, but shall not relieve any former Owner ot persona-r liability therefor. The mort.gagee of such Building Envelope who acquires- title by way of foreclosure or Ehe taking ot a deed rn lieu thereof, shall noE, however, be liable for any assessment for oeriods prior to the daLe of its acquiring tiEle and shall onlv'become iiable for assessments for periods from and after the a"tl ic br"otu" the owner of such Bui lding Envelope' No sale,or transfer shall relieve such Building Envelope from Iiabilily tor "ty i"""""*"nts thereafter becoming due or irom the lien thereof' In" che event of the sale or transf;r of a Building Envelope with respect to which suns shall be unpaid by a defaulcing Owner' exclpr Eransfers to a First Lienoi in connection with a ioi"!to",rt. of its lien or a deed in lieu Lhereof, Lhe purchaser or other transferee of an interest in such unit shall be j-oinrly ."4- "e""raf.f.y Liable with the seller ot transferor thereof for any such unpaid sums. (i) Upon written request of any Owner, mortgagee, DrosDective morEgagee, purchaser or other prospectlve Eransreree bf "'nr.rildittg lnielope,- the Association- shall issue a wriEEen statement seiting foith the amount of the -unpaid comnon expensee' if "rry, with resiect to such Building Envelope, the amount of the c,:tt"ii monthly issessment, Ehe date on which such asgessment became or shali become due and the amounL of any credit- for orepaid expenses. Such statement' for which a reasonable tee may 6"-[[tit.a', is binding upon the Association in favor of any p.t"""-itt"'tiv t.fy tf,er'eon in glod f aith' Unless a request for !""t-"c"t"*ont. snait be complied with within 20 days after receipt thereof, all unpaid- common expenses which became due pii"i"i.-irt. a.ie oe *.kirrg s-uch requlst shall be subordinaLed to ith. 1i.t or other interest of the person requesLing such s taEement. (i) Anv Dartv in favor of whom a lien on a Building fnveloie has'bLen Lreated may but shal1 not be required !o p?y ."y-""i"i.1 common expense wiih respect to such Building Envelope' ,nb uob.t such pal'ment such palty shall have a lien on such nJifa"i"g g"""tbp6 for rhe ai',ru.tt so paid oF the same rank as Ehe lien theretofore existj-ng. 10. INSURANCE: (a) The Association shall, on behalf of the Owners: (i) provide and keep in force, for the protection ot the Associition, its offiters and directors, and all the Owners and First Lienors, general public liability and- propercy damage insurance againsL claims for bodily injury L. h"rclt or pioperty damage occurring gpon- or.]" !h9 Tracts, in lirnits of'not Ieis than $1,000'000 for bodily injury or deaEh Eo any number of persons arising out.of^one accident: or disaster-, or for damige to property' and if higher limits sha1l ac any time be customary to prorect agarnst PossaDre iort liabifity, such higher limits shall be carried; (ii) carry insurance in such amount as the Association *.y .o.tii.lut nic.ssary or advisable againsr. such other insurable hazards as may from time to time be cornrnonry 11 insured againsE in the case of similar property in sinilar locaEions elsewhere. (iii) carry directors and officers liabiliry insurance in such amounts as the AssociaEion may consider necessary or advisable. (b) All insurance required Eo be carried under this Paragraph shall be carried 'in favor of the Association, the owneis ind aIl First Lienors, as cheir resPective interests-may aDDear, Each insurance policy sh.alL provide thaE no cancellataon ;[!;;;i ntu-6. made by tire insurance tarrier wiLhout having. firsL ei""r jO dlys' prior ;ritten notice thereof to the Association, ?[.-ij*"t" Lna lff First Lienors. Each insurance policy, shall ri"o "otrt.i.t a "severability of interest" endorsement' which pir"ia"J,-i" case of violacion of any provision thereof by the i\ssociation or one or more (buE less than all) of the owners, tnar cfre coverage of such policy shall be suspended.or invalidated only as to Ehe intercst of che Association or the Owner or Owners comnitting the violation and not as to the intetest of any other Owner. 11. A?POINTMENT OI' ATTORNIiY- IN-FAC!: Each Owner by his acceptance@e vesLing in him an intelesc in a Building Envelope does irrevocably constilute- and apooint the AssociatiSn with iull power of substitution as his tiire and lawful attorney in his name, place and stead to manage, concrol and deal wich his interest in rhe TracEs so as to permit ihe Association to fulfill all ot its and Ehe Owners' duties, obligatio.t" and rights hereuntier and, with fuLl power, f,ight and auth;rization to eiecute, acknowledge and deliver any contract, instrumenc of conveyance, proof of Loss-' release or other ir,"itt t".rt affectin! such inEerest of the Owner, and to take any oEher action, which-the Associat:on may consider necessary or "J"is"Uf. to give effecc ro the provisions of this Declaration' if i"qrr."t.d Io do so by the Association, each owner shall "*".rtt" and deliver a written insLrumenE confirming such aDDointmenr. The action of the Association in settling any-claim r'i'ctr re"p"ct to the TracEs shall be final and binding on all. O\,mers. No Owner shall have any rights against Lhe Association or any of its officers or directors with respecE Lhereto except in case of fraud or gross negligence. 12 . QUAI-III- OE- !'IOBK : Any -r-epairs , renovaEion or re s torat ioi-6E-TEE-F?EETE or improvements thereon by the -Association as at Lorney- in- fac t for the Owners shall be done in "r"tr t"..ot as to make the Road TracE or the.Open.Space Tract at least as valuable after such work as its \^tas lmmedl"ate!y Derore the occurrence requiring che vtork to be done' 13. PROPERTY FOR COMMON USLr The Association may acquire and hold fffif all oroners real property' as long as such real propercy is purchased aE a foreclosure sale, ."J"r""giui" ".ta iitc"i,gilie peisonal proPerty 9"9 T"y dispose of che samE by sale of ot[erwisb, and ttre beneficial int'eresE in any snch propeiuy shall be owned by the oi"ners in rhe same Proportion as Eh;ir respecEive interesEs in the common 9xpels99.and shall noc be EransilerabLe excePt wirh ir transfer of a Building- i;;"I;p;.- A transfer of'a Building Envelope shall.transfer to Ehe transferee ownership of the transferor's benetrcl-aI Interest in such property wichout any reference. Ehereto' lach o$iner may use such'prbpe.ty in accordance with the purPose for-ithich it is intended,- without hindering or encroaching upon the.Iar^ttur rlghrs of the oEher Owners. The transfer of title to a burrdlng ;;";i;p; under foreclosure shall enEitle the purcl'raser- to the benefitial inEerest in such property associated r'tith the foreclosed Building EnveloPe. t2 14. EASEMENT. LEASE. LICENSE AND USE OF TRACTS. The Association shall have the rig,ht Lo grant by easement, lease, license or permit the use of, by less than all Owners or by non-Owners and with or wifhout Cl.rarge as Lhe AssociaLion may deem desirable, any portion of the lr;!cEs or improvements thereon or any Building invelope owned by the Association. The, rights- granted to the AssobiaLion in this Paragraph 14 shall only be used in the DromoEion of the coLlective best interest of che Owners 15 . REGISTMTION BY OWNER 0F I"IAILING ADDRESS : Each Owner shall regi aEion' and 'exceDt for monthlv sEatenlenEs and other routine notices, all notites or demands inEended to be served upon an Owner shall be sent cerEified maiL, posEage prepaid, addressed in the name of Ehe Owner ac such regisrer;d mailing address. All notices, demands or oEher notices intended to be served upon the Association shall be sent certified mail, Postage prepaid, Eo Ehe address of the Association as designated in Ehe bylaws of the Association. 16. EFFECT AND DURATION 0F DECLARATI0II r The conditions, resfricfio eemencs and covenants contained herein shall be for the benefit of and binding upon each and every parE of Ehe Subdivision and eacir Ownet, his heirs, personal represent.aLives, successors and assigns and shall conEinue in ful1 force and effecc until January I in che year 2007 A.D., and Ehereafter for successive periods of 10 years each, unless this Declaration during any such period is Eerminaled, as provided hereinbelow, by recorded instrument directing termj-nation. 77 . AMENDMENTS I The conditions, restrictions , s t ipulation-fr--66l1lEtions , agreements and covenants conEained herein sha1l not be abandoned, terminated or amended except by written consent of 75 percent of the Owners and 75 Percent of the First Lienors, except 1i) that the provisions of Paragraph 6 and subparagraph 9(a) may be abandoned, terminated or amended only upon such approval of all Ot'ners and all firsE Lienors; and (ii) thar the provisions of Paragraph 3 and subparagraphs 4(a)' 4(i) (i), 4(i) (ii), 4(i) (iii) and 4(i) (iv) herein may be abandoned, terminated or amended only upon obtaining the additional approval of rhe Town cf Vail. 18. EFFECT OF PROVISIONS OF DECLAMTION: Each provision of chis Decla@;omise, covenanE, undertaking Eo cornply wiEh each provision of thi.s Declaracion and any necessary exception or reservacion or grant of Litle, estate, right. or inteiest Eo effecEuate any provision of this Declaration: (i) shall be deemed incorporaced in each deed or other instrunent by which any righE, titli: or interesE in any Building Envelope or_ Tract is' granted, devised or conveyed, whether or not seL forth or referred to in such deed or other insErumenL; (ii) shall, by virEue of accepcance of any right, title or _interest in any Building Envel6pe or Tract by an Owner, be deemed accepted, ratified, adoptbd and declared as a personal covenant of such Owner and, as a personal covenant, shall be binding on such Owner, his heirs, personal represenEatives ' successors and assigns, and shail'be deemed L personal covenant Lo, with and for the Senefit of rhe Association ind of each owner i and (iii) shall be deemed a real covenanE by Declarant, for itself, its successors and assigns and also an equitable servitude running, in each case, as a burden wilh and upon the title to each and every Building Envelope and Tract. 19. ENFORCEMENT: In addition to any other rights granted herein, if-ant-f*on shall violate or threaten to violale any of rhe orovisioni of this Declaration, it shall be lawful for the Assotiation, the Commit.Lee or any Owner to institsute proceedings l3 at 1aw or in equity to enforce the ptovisions of this Declaration, to' reitrain che person violating or threatening Eo violate them, and to recover damages, actual and punitive, and cosEs tosether with reasonable atLorney's fees '[or such violatiof,s r and in Ehe evenL of a violation or threatened violation of Paragraph 3 or subparagraphs 4(a)' 4(i)!i)'- - -4(i)(ii), 4(i)(iifl br 4(i) (iv)- trerEin, it sharl be rawful for the Town'of Vail to enforce such provisions as oEher$'j-se set forth above. 20. GENEML: (a) If any of the provisions of this Dec larai io;--;-any paragraph, senEenc e,' c lause, . phra se. or word, or Ehe application thereof in any circumsEance be rnvaradaceo' suctr inviiiaity shall not affect the validity of. the remainder of this Declarari6n, and Ehe application of any such provision' paragraph,- sentence, clause,- phrase or wo-rd in any other iircirnstances shall not be affected thereby. (b) Whenever used herein, unless the context shall oLherwise provide, the singular number shaII include Ehe plural' itr" pf."i.:.'the singular, "id ch. use of any gender shall include all genders . EXECUTED ef fecti ve as of the - day of -' 1990. B r-ad I ey R. Tjossem 0wner BY: Sus;n-I. Tlossem Otner TO|{N OF VAIL, COLORADO BY: Ronaa I I lFi-lTipl ,-Torin Manager BY: ATTEST: STATE OF COLOMDO COUNTY OF EAGLE , Town Clerk fo regoi ng of The thi s day as owners. ss. instrument was acknowledged before me , f990, by Bradley and Susan Tiossen' l,.ljtness my hand and officia'l seal My corffni ssj on expires: ffi 75 roulh trontage road Y8ll, colorado 81657 (30lr) 4792138 (3(x|) 479.2139 oftice ot communlty developmenl March 6, 1990 Mr. Steven Sunmers Brownstein, Hyatt, Farber and Madden 410 17th Street Denver, Colorado 8O2O2 RE: Parcel A, Phase 6 the Valley Dear Mr. Summers: I arn writing this letter in response to your fax dated February 27, 1990. Upon receiving the fax, I called Susan, your secretary to tell her that I had concerns with your Letter. I believe you need to do some additional researsh to deternine the status of the subdivision for this property. When I discussed this issue with you over the phone, my conment was that the property has changed hands before and apparently there hrere never any problems with the real estate transactions that I am aware of. A brief surnmary of this situation is that on July 26, 1973 the Eagle county Comnissioners approved a preliminary plan with a planned developrnent zoned designation. In March, 1980 the PUD plan and protective covenants were filed with the County. rn 1980, the West Vail Area was annexed to the Town of Vail . Subsequently, the valley was deannexed from the Town of Vail and reannexed in May of L987. Resolution No. 80-20 was approved by Eagl-e county in March of 1980 which allowed the phases of the Valley to be sold separately. I suggest that you review this resolution to find out any additional requirements. I have attached a sequence of events concerning, the valIey. Even though the sumrnary wis written for Phase rff, the general infofoation pertaining to the Valley should be relevant. I have also encloseh a previ5us staff letter concerning the leve1 of developurent allowed for Phase VI . If you have any further guestions_ please feel free to contact me. r hope this infornation is helpful to you. Sincerely,I) I n I -t,/, I t )' I Jtirltal KR Kristan Pritz Acting Director Corununity DeveloPrnent KP/pp cc: Larry Eskwith' Town Attorney luwn u l|fll 75 south fronlage toad vall, colorado 81657 (303) 476-7000 offlce of communltY develoPmenl lia rch 29 , '1985 t4r. iii ke I rvine i,loodward & Associates 12900 Preston Road Suite 1000 3al las, Texas 75231 Dear Mr. lrvine' I have encloseci for your informatjon copies of the zoning code, Design n"u;"* Guidelines, a-nd Design Review Procedures and Instructions. i;; ;;d;;ieO inr6.*tion f6r-a parcel of ground referred.to as Phase VI' pi.r"i-n,-Lionsridge filing #?.'I am assurning you are referring to b;.;; VI'of the "Vittey Deielopment"- As you may be a$,are' ihis parcei ;;;-;pp;";"I -ior forty- two dwel.l ing units ' Anv, re-design of this aoproved devel opment -"pl an woul d reiu i re approval by .the Torvn . Prov i ded ;5;';;; ;;ili;';;i;t1ns zonine,^this approval would more than I ikelv t"-fi*ii"a to the gesigi Review 3oard. However, I wou'ld encourage you iJ iortuit me with any-inforrnation concern'ing this re-design so a Cet""rinution can be irade as to whether or not this proiect would require i'iiltionur review by the Pl anning and Environmental Conrnission' p'lease <io not hesitate to call me with any questions you may have' S incerelY,- / Tom Braun Town P'lanner TB/ rme Encl . SEQUENCE OF April 25, L9732 July 26, L9732 EVENTS CONCERNING THE VALLEY PHASE III Conditional approval of the prelirninary plan by Eagle County which zoned The Va11ey Planned Developnent (PD) County Conmissioners approve The VaIIey preliminary plan and PUD. This approvaL is good for three years. The approval includes L50 units on 6I.2 acres. Eagle County Cornrnissionersr special neeting to confino Va}ley approval . The VaLley preliminary plan and PUD approval of July 26, 1973 expires. Some of the units are under const,ruction. The 120 units that have not been buil-t will require a ne\^r submittal starting with a sketch plan and preliminary plan review (letter fron Ms. Susan Vaughn, L977). The vail Town Council sends a letter to the Eagle County Conmissioners in favor of extending the Valleyrs approval as J.ong as development is carried out according to the prelirninary plan and recreation amenities are provided. The Eagle County Comrnissioners grant an extension of the Valley prelirninary plan approval . This approval would expire on June 1, L979. If the approval expires, it would be required that sketch plan and preliminary plan review inforrnation be submitted. Also, if any change is made to the present p1an, it wouLd have to be reviewed by the County Comrnissioners. Eagle County Commissioners review a sketch plan and have several concerns. A PUD plan and protective covenants docu-rnent is filed wittr the County which indi-cates that Phase fII is subject to the land use restrictions of 10 units and a total. GRFA of 16,OOO sguare feet. Resolution No. 80-20 allowed the phases of The Valley to be sold separately without any further cornpliance with the subdivision regulations. JuIy 30, July 26, L9'73 | L97 6. May 20,L977 2 YIay 24,L978 r, November March 26, 13, 1,979: 1980: March 27,1980: April 16, 1980: The Eagle County planning Commission reviews a sketcb plan for Phase fff. The Planning Conunission suggests that the units be tuclced into the hillside on the northeast side of the project and that the developer use berming and landscaping to buffer the project. Staff recommends approval of the sketch plan. April 16, 1980: To\rn of Vail staff sends 1etter to tbe Eagle County Planning Cornmission which recornnends more tighter, clustered layout of the buildings toward the hillside. Vait staff also recognizes the steep hillside and sensitivity of the neadow area. Letter from Peter Patten and Dick Ryan. April 30, 1980: The Eagle county Comrnissioners reviews the sketch plan that the Planning Cornmission saw on April 16, 1-980. The sketch plan shows 10 townhomes on Phase III . May 5, 1-980: A resolution is passed by the County allowing three years for tbe developers to file prelininary plans from the March 26, 1980 PUD plan approval date. December L980: Ordinance No. 43 annexes the West Vail- area including Phase IIf of The ValLey. March l-7, 198L; The Torirn of Vail Council applies zoning to The VaLley which was recently annexed. The ordinance was No. 13, Series of 1981. March L5, 1983: Resol.ution No. 6, series of 1983. the Town Council approves rezoning of The Valley. Sept. 11, 1985: The Valley is de-annexed from the Town. Sunmer 1-986 A developrnent proposal is subrnitted to Eagle County by Lanar Capital Corporation.fhe proposal begins with a sketch plan/prelirninary plan review. Nov. 5, 1986 The Lamar Capital Corporation phase III proposal- is withdrawn from the County due to cornplications with the tirne lines for review and how they will relate to the property being re-annexed to the fown of Vail. May 16.1986 A grading pennj-t is released by the County for an access road into Phase III. The applicant is Lamar Capital Corporation, The road work on Phase III is red-tagged by Eagle county. Red tag is removed by Eagle County. The valley is re-annexed into the Toltn. The Road is red-tagged by the Town of Vail The Road j-s red-tagged by Eagle County. Lamar Capital Corporation submits a major subdivision and special development district zoning request for Phase III. May 6, YIay 7, May 11, May 11 , May 1I, May 11, L987 L987 3 L987 L98'7, L987 . I9A7 z o BRowlrsrent Hvlrr FaneeR & MADD o EN NORMAN EROWNSTEIN SIEVEN W. FARAER NARK E !EONARD KENNEIH M. ROBINS JOHN W. MAOOEN III JAMES S. MANOEL EDWARO N. BARAO stepxer w nnEw * DOUGLAS M.II5OALE KENNEIH R, BENNINGTON JOHN R. C^LL *or courseL SI€vEN M. sOr.lMEFS THOMAS L.STFICXLAND HARIAN S, ABRAHAI!S ANN B, RIIEY RONALO B. MERRIIL lYNOA A. HcNEIVE USA HOLSTE[t LAURA JEAN CHRISTMAN FONATO A. MILZER SIEVEN C. OEMBY ANOREW W, LOEWI CHAFLEs 8. $/HrrE r A PRO FESSIONAL CORPORATION ATTORNEYS ,A.T LAW TWENTY. SECOND FLOOR 4IO SEVENTEENTH STREET D ENVER, COLORADO 80202-4464 ROA€RT w. N|CHOIS xrnx r. nrctnnosott t* L. LOUISE ROI,TERO.ATWOOO SIANLEY L. GARNEIT IqICHAEL R, McGINNIS l.,l lCfl^EL J. 5T EFN ICR WAYNE F. FORMAN BRUCE A.JAHES GAFY C. FlYt|N OOUGLAS S. ANIONOFF PEIER T. ECXSTROM OONNA J. GILLIE STEVEN J, COFFIN TELEPH ON E (303) 534-6335 TELECOPTER (303) 623-t956 TELECO PrER (303) A93- 6607 February 27, 1990 WIILIAI' D. MUICAHY COLE fINEGAN GARY M. REIFF MARGARET E. PORFIOO LISA HOGAN TOOO ESTES I'ACXII{IOS8 **rovrtrEo rn ceuronxte ox!v LOS ANG ELES, CALIFORNIA O FFICE TELEPH ONE (2r3) 246-O870 VIA TELECOPY and MAIL Krlsten Pritz Comrnunity Development Director Town oi Vail 75 S. Frontage Road Vail, CO 81657 Dear Kri sten: By telephone and letter ilated February 22, 1990, I advj-sed you that NCNB Texas National Bank is proposing to sell the piece of real estate described as a part of Parcel A, Lionshead Ridge, Filing No. 2. My concern is that this transaction violates the subclivislon regulations of the Town of Vai1. Si-nce the Town of Vail is a home rule city, the Eagle County subdivision regulations would not app1y. Per our telephone discussions, you advised me that the property has been conveyed several- times with its present lega1 description and that such conveyanees have been acceptable to the Town and dj-d not breach the Town of Vail subilivision regulations. Based upon your advice, my cllent will convey the property utilizing its present legal description without filing a subilj-vision plat therefor. Accordingly, if you have reconsldered your position with respect to this issue or wish to conflrn it with another source, please advise rne immediately. Otherwise, we will continue to pursue the sale of the above-mentioned property, Thank you for your prompt attention to this matter. Please call if you have any questions or comments 1n this regard. SMs/p3d cc. Richard Moore yours, Steven M. \ O\at@ P0. Box 7 \6i1, Colorado 81658 303/479-2000 303/479-2020 December 23, 1989 Ron Phi i l'ips Town of Vai I South Frontage Vail, Colorado Dear Ron: Road tfes 81657 I would like the Town of Vail portion of the old Valley at greenbelt or park. I understand that thjs property of uni ts. I am unabl e to see at this location, Town has recently from go'ing into the I understand that purchases shortly. seri ous considerati Besr Regarcis, VAIL ASSOCIATES REAL ESTATE, INC. David L. Cole, CR5, CRB, CCIl.l Associ ate Eroker DLC/i ak cc: Peter Patten B ruce Ki ng Brad Tjossem to consider purchasing the west Vail site in Lions Ridge as is now for sale and carries a lot how ingress and egress can be handl ed safely particu'l arly in the winter. As you know the instal led a guard rail to keep downhil I cars c reek . you wi I I revi ew real estate transfer tax l4y neighbors and I would appreciate your on of this matter. Yr[ ^r30cl1$, Inc, - Cr€alors and operalors ol vail and B€av€r Cre€k. 'ft 75 soulh lronlage road Yall, colorado 81657 (303) 47!t-2138 (303) 47$'213S JuLy 24, 1989 oftice of community development Susan and Brad Tjossem P.O. Box 2975 Vail, colorado 8L657 Re: The ValLey, Elk Meadows Subdivision Dear Susie and Brad, Recently, you wrote a letter reguesting infornation on the planning Process for approvals for five lots on the Elk Meadows Parcel . At this tirne, the project has Special Development District approvaLs which are described in the attached ordinance No. 32. This project was orig.inally developed under Eagte County at which tine Phase III (Elk Meadows) was allowed L6,000 square feet of GRFA and a total of ten dwelling units for the entire developrnent. When the project was annexed into the Town of Vail in 1980, the GRFA and number of units were accepted by the Town. In L981, the Town applied Residential Cluster Zoning as the underlyj.ng zone district guide for the parcel . The Valley was deannexed from the Town of Vail in 1985 and subseguenLly reannexed in 1986. At this tirne, the Special Developrnent District approval obtained by Mike Lauterbach and Peter Kalkus is finalized.(Please see attached ordinance). However, the major subdivision was never filed with the county. fn order to get a najor subdivision approval (more than 4 lots), you must go to the Planning Conmission for a preliurinary plan approval and a final- plat approval . If you wish to change the zoning, this will reguire one Planning Cornmission.review and thro public hearings by the Town Council. I have enclosed inforrnation on the najor subdivision process. rezoning, and Planning Commission schedules. Once you finish the Planning Cornrnission process, the project would go to Design Review Board. I have also attached those schedules. o Also, r rdould like to get the inforrnation on your revegetation plan for ELk Meadows. Please do not do any work until this plan is subnitted to the staff and approved. rf you have any further questions, please feel free to give rne a calr at 479-2138. Thank you for being patient while the staff researched your guestion. KP:1r cc: Peter Patten z er Sincerely, t/ | 0't 1itif10n fcrT Kristan Prit Senior Plann t-TBAN( OFVAIL TO: FROM: DATE: FA)( NO: # PAGES: NOTE: SW: Tjossem letter of credit lf you do not receive all the pages, or have any prcblems rcceiving' please call (970) 47666E6. }4FR-aB-u/@]6 L522g,FIRSTBFNK (F UAIL Leonard Sandoval Adina Dean March 3,2005 479.2166 2 {including cover sheetf E?A 4E 33,j9 P.At 17 VA|L ROAD VAll- COLORADO 81G57 PHON€:97G476-5686 TELECOPIER COVER LETTER FAX NO. (s70) 47e€309 ac44/ t I €fBAltt( MAR-A=-2A@6 LS"B CF\NL FI RSTBANK OF UAIL 9"A 4?9 3=q9 P.@2 r? varL *r^D val. ool€RADO atq57 sr'.tssd|6 DaIE: Soverber 30' t99O Atloutrlt: S9O , OOO . OO f,nuuDEn.: 859-E159 EXPIn/iIIOI: Norv.Dber 3(l. l-991 tlutlYocl lr.E r-EFr'?i. o? GRaD?"t ?ra cf Vrll P,O, Eo:r I-OO ?.t1. CO E1658 csEGle[oa: l|88,n! E'e 1€rcby qpcn our Irrevoccble Lectc! 6f CrcdLr lrr yorrr favef rrt5111bt!_ ?y_your ai-itr al.r;t ou tlrc Flr€tta,nh of vdll, 17 vail Eo€d. vrll-, color.do a1557' ge rlgDc f,or eiBf/ slu not etcsed!.ng tlre total otr FilFfy IHOUSAHD fDD OOI/1OO (g5o,ooo,oo) on ctre accoqst of Bradley E. lJorseo md Susan t|Jgsser. Ereh Crrft su8c b6ar rJpoa lc$ SacG Gtre elause, 'Dzeurr Unacr LECeE of Crc61C lso. t59-8160 dated Nsrre6-r 3O, 199O cf Flrat!8nk of V411, Vall' Cololaalo - ' rha .lo,i; of esctr drsfc atrtoh tre negoclaced pursuaaE Eo GhlE clEdlt, Gog.lther vlttr cftc aree of :ngachc|'grr, nrsE be endorccd on che lcvcrsc sldc of ilrc Lttet of CfadLc- Eectr -drefc tuoc b6 accotlPsnt'ed by a scat€!,errt etecrrted tD7 the Tortr tialaEGr start ng Ehc follosl'a€ i 'Br+dht t. TJosscl afld Sr|asa' tJoeeca lrcttc E! ec4rleced stre conect\rcELorr of Elr€ lrytovelenge tu Elk U3a@rts eubdlvtsLon pulsuanc co dre ePProv€d plam,i ThiE l2ttGr of credlt r€PLacc6 anrd ltbrds tlrote I'tccers cf Credlc l0o ' 1357 l'D GhF aoio|'nc.3 of S15,5OO-OO rad S41,25O-OO- re hereb5z EgE€le that d.rsfts Crarrr und,er EtrLE L€ccer of cr€dlt ana 1n coDPlllrrcc wttlr rtrJ te-ur, ehr1l be prouIrtly honoced l,f preeanted io FlrcclanlB of Vail on or befcre litoveober 90, 1991. ly' rlr R,- RIsGff Btec,utl.vc vlce fre€ ''d€nt TOTAL P. E2 t I f,TBA]K OF VAIL 17 VAIL ROAD VAIL, COLORADO 816t 9ZI'176-5686 Letter of Cledit 3 No. 859-8169 In the snount of: 9{9,5O0.0O For thc Account of: Bradley I guaan fjouco Exlriration Date: ltoveder 30, 2008 Decernber 5, 2 005 Town of Vail PO Box 100 Vail, CO 81.658 Gentlemen: FirstBank of Vail agrees to extend the for an additional two years. Al,I terms rernain the same, except the expiration Noveriber 30, 2008. ALl drafts must be 30, 2008. If you have any questions regarding this matter, please do not hesitate to contact me at 9?0-479-3307. Sincerely, above mentioned Letter of Credit of this Letter of Credit shall date, which is hereby extended to negotiated no later than Xovgubcr A'[l'v a4-n--'z Adina D Dean senior Vice President ADD/wrm o '',v-tOlen Pv^\lz-'Towr\ o€ Vqrf- P\onnerz Dec,t lAv-reLe.nr ) BracJl-y etuq5_e On t-Ire- W i-\o.-Jr oeprerTo-Le cJo qPl,lx-., depilnJ^rnen+ pV-oc-e.ed' €uuc--th ?r we- neeqJ €rcynA De-fOre vle- ? o Cu'rr- tentq-trve -r-\rr-€_ io..b\e- ie to p\^* r-y.r \-Vre- €ottnd-g*-r5n NCv \ / lqbq o 5' tq Bq fl,ffir o.nd I O.rtr- Lr\ t_he- p\ann*\q..o{ bul.,,..la.nO c\- Vronne. €or-6 ug " EJ\L Me-cldotrg' poxce-\. \Ne G.rt-Q- Ur.rbnn\ V\unC ro Ar5>r.- L.,g n-$.,ffi^.ffiy 9,*" Po-'.r&>e 6s -con-_^ Conotrr Llcr i.ra.\o d-.tJL t.l-.ntqf i ve- c_on*rrc,.c_tOrr- ,o^ 3-5 vr^- Ir\qn Fp.= trr^r: por-qd-Lro tD t)u= gu.b c1i'v td e_ - ur_rto z+ l-ota Hilft H'o'.r-"s v-cc.d ond l--L-or Rrsv-rr il*: ffiS:.&':H*i &\-\ar L-\X_r_ tc :fa u",i uon+ be.cj,r_ Lrf)encrp- ( prc>cr.ub o.ns1' d^{.t G._ v-.,t** btucr.fl-d) O\,t,,\!= bD\- gl..-\A..eg_\v{A _ l O.'r-dr b^t $Lr-I-) v-\zve- 3e \cc\&. clq-\tOev-ed ' Rpri 'r \/ rqqort wr*!-r cornp\e*Gn e l5r lqqO- *.-t-nc.{:p.u.-S' C-o-b'\-r^) LC\ Bco.}J e v-- Creek= e,lGB-7 .f nav- <rrc\oocd o.._ '--o\jq_k) ot(Alc_h\o-r-d \*^tT^* os o\A^_ pu-g,p%^l_-w C wOUId U(}q-,L nnUr.cJn_ Oppt-Uq-,r.gx-tA_ %H"-r.q- w\tv^\ ,:-"- o.b bc,5,l-.' c-/> Pc€a\ kyL if tj.\f^!-, G_,\-r._o.\,Lpa iD -to-.tc{_--\!-' G-\-l'- ffi -Ttrrc.n V.--yptl_ Suore. onC Brad\.y -feoeyn / p.O" bX 2Fu-1';_ Vo.lt-l.- C-O $:.rt i 'h! irjl-i;-i- [:: lf. \r'( i ti'l'=?'I t' t .": .' I _..i Nor^fl'r vqetf Vrcw l/+",-z' l j I ii :t"Cleet(- te.vc I o A. GEOLOGIC HAZARD I,IITIGATION REPORT I February 23, L987 Mr. Michael Lauterbach Lamar Companies/CR Development Inc. P.O. Box 345I \raiI, CO 81658 Re: Geologic Hazard Mitigation EIk Meadows Subdivision Vail, CO Dear Mike; BANNEFI As requested, I have reviewed the appropriate measures for the mitigation of the rockfall hazard at the subject site. The current location for the lots does not allow for the .mitigation to be handled as easily as before, however, it appears that it can be accomplished with a fehr considerations. The stiuctures should be situated so that at least six vertical feet of wall is exposed on the uphill side- The exposed face should be designed (preferably of reinforced concrete integral with the foundation) such that it is capable of withs.tanding a force of not less than 2000 pounds applied over an area of approximately two square feet. The face of the wall should be.protected, as before, with 6 inch timbers for impact absorption and replacement. The design of these walls should be similar to those shown in my letter of July 3, 1986. A11 other areas with uphill exposures should be designed to withstand a 2000 pound force as well. No windows should be placed in walls with uphill exbosures. It should be understood that there exists the possibility that falling rocks could impact Lion's Ridge Loop Road above and be Iaunched into the air sufficiently to impact roof areas,although the probabilities of such an impact are significantly lower than those which will impact the walI. Insofar as possible, it is recommended that rooms with the greatest occupancy be located away, from the upper stories and to the downhill side. A terraced floor arrangement appears to fit quite well at this site and will blend into the side of the hiIl better while providing less cost through reduced excavation. A layout of this type will also provide for maximum southern exposure to take advantage of solar heat gain. BANNER ASSOCIATES. INC. CO,T"SULTING ENGINEERS & AIlClllTECTS 2777 CROSSROADS BOULEVARD GRAND JUNcTfoN. cO 81506 . l303l 243-2242 i I ! : I I) 2) 3) t: l i. t: !I Mr. Michael Lauterbach February 23, L987 Page lllo I BANNEF] : l:, |' 1,i i:: i :, t. t, .';F fil llt. 1i I li .rl L! ;r' I t.lri lrl r u. +.I:F" 1!: F $t Ti kr Ei fr Dt E1 F The method of handling storm water runoff should again be essentially the same as previously mentioned in my letter of September 18, 1986. Provisions will be necessary to aIlow for an 18" diameter culvert beneath the cuI-de-sac at the east endt beneath the main entrance road and access road to lots 6 and 7 and beneath the four parking spaces at the extreme west end of the project. In addition' the roadway should be constructed at least lt-9" above the low point of the primary drainage path throughout the length of the project. It is not antj-cipated that significant rip-rap will be necessary since the drainage path is to remain largely undisturbed. Should you have any question, please feel free to call. Sincerely;' . BANNER ASSOCIATES, INC. DonaId G. Pettygrove, P.E. Project Manager cc: Nick Lampiris file: 809551tr.223 * $t : I '' EAi\NEFl February, ?5, LSBT Mi chael Lauterbach Lemar- Compani eslCR Devel opment Inc. F . O. Eor: f,451 Vailr CO. 81658 RE: Geologic Ha=ard Mitigation El 1: Meadows Surbdi vi si on Vai I , CO. Dear l'li l:ei ' I have revier.red yourr most recent plans and also revi ewed the report by ourr structural engineer, Don Fettygrove, concer-ning the rockf al l. mitigation +or the EIk Meadorls Sr_rbdi vi si on. lpreer that if the design criteria presented.by Don pltttygrove in his lettbr of February 2ir lgBTr are f ollor.red, fidctrf al I hazard will be l:ept to a minirnum for this level opment. Si ncet-el y, L<Al'lt'lER r1SSUCIATES, INC..-/ t-'a ' tit,4u7tn /,--,tl+t,, Nicholas Lampir-is, FhD. Fr-o-iect Geol ogi st l.lLlc I tl BANNER ASSOCIATES, INC- CQ\-.SI tt-l l\G E.r*(:ls-tlERS & AIICHIIECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION. CO 8rs06. l303't 243-2242 G;lattlal rock{al} into this site r.rill be very in{reqcrent Ever the years, but this type of rnitig.-etien is still prud€rnt. The mitiqative design r.ri I1 not adversely af{ect any other-devel opment i n the ar-ea. If yor-t have' any f Lrrther questions,please, do not hesi tate' to contact us. MNNER ASSOCIATES. INC. COr-SULTING E\GINEERS sulrE 6, 605 FjST MAIN ASPEN, COLORADO 816ll . & ARC TTECTS (3O3) 925-s8s7 ''o4rii r::.ll I .rl '11 E D L \l- ! 7 D\ (r1 n. ,v I m t\rl 4 I n ir nFl ml F1 rt{'1 h, sq 0v f'] Vz I -1 t sJ til N $ F U,I 4X-\l 9. -P- ( i :l d tl.' ,0 d Bd 8t ''tL -.n-{-t ,-,9 *t t)d I T$\P 'F iI "t,Yt,* ?., \ (e n r q ; hfl, Ti t*ffr PH I rr9[ ,i^ t 'ul nr-'-Ia",h " F rlfr'- d F.76 a\fi /sl,t; ==f \il t1 Ir rl _l lr t z d s + \l -l r-Nil n bF _-]trb.fl ' r, tr t'i V'VU[ ti\ t{8 .(l fF ln T. I 4 .1'| -,- (.'K x N tt\ u [>\)7 :i /o -Y j q L f F ) ti\ l,tr. Mike Lauterbach June 12, L987 Page Tvto Natural Sprinqs The heights discussed elevation at the uPhi11 along the slope . not at E}ANNEFI above are relative to the natural ground extreme of the structure and projected the edge of roadwaY. During the geological hazard investigation, the site stas thoro;ghly inipected with no signs of natural water springs .pp""tirrg- o. Lne ground surface- Any marked increase in "li'.l"li"n in isolated areas would indicate the likelihood of nafural springs. None of these indicators were observed. Ground Water The Preliminary subsoil and Geologic Investigation prepared _ by Chen and Associates, Inc. in May L972, indicated that no free water was observed in any of the I0 test pits excavated. The primary drainage channel is an intermittent water-course without significant year round flow. Geologic Hazards. Mitigation with regard to the recommendations made in my letter of February 23, r9B7 for the mitigation of the geologic rockfall hazard' I offer the following clarifications. My recommendation for a six foot vertical height of wall exposure on the north side is a minimum and refers to the reinforced concrete wall with timber impact absorption. If walls on the "oitn (uphill) side are to be taller than the minimum 6 feet height,' ih"n they should be capable of withstanding a 2000 pound forler' although Lhe structure ibove the six foot level and below the 10-12 foot level, recommended by Mr. Lampiris, need not be of concrete or have the timber impact absorption. The difference being the freguency of anticipated rock hj-ts and subsequent darnaie. Below-tne 3ix-foot height, more frequent strikes can be .*p"6t"d for which damage should be minimal. Above six-foot to the l2-foot level, rock strikes can be anticipated but need be protected against significant structural damage only' If a roof area will be constructed with uphill exposure' !h1t portion below the 10-12 foot height and above the 6 foot height should be designed to withstand the 2000 pound impact force as well. Reference is made to the attached sketches for the areas of consideration. i l I l l.lr. l,tike Lauterbach June 12, 1987 Page Three cc: BANNEFI The terraced floors to which I made reference in my earlier correspondence was intended to allow for offset floor elevations in order to provide buildings which better fit the natural slopes of nearly 2:1 in places. Should you have any guestions please Sincerely, BANNER ASSOCIATES, INC. \\ _\\\*$fu3\,*e."-.'.-- Donald G. Pettygrove, P.E.Colo. P.E. *I5543 DGP/rLg Encl: 14 copies - Prelininary Drainage Plan & Geologic Hazard Mitigation Kristan Pritz - Town of Vail feel free to call. fclat E}ANNEFI Jr-rrrcr 15i , l9ti-/ f'li ch.re I J. L-.errterrLrach F, O. For: f,451 Vail, CO. 91654 RE: Elk I'ler,ador.rg Sr-rbdivi:;ion Rocl:{alI Dear l'lr. Lautterbach: I have revi ewed the reports prepared the weeli endinq June 1?' L9A7 , by Don Pettygrove, our strlrctural engineer, concerning the rocllf aI I mitigation {or the El l.; Meadows Subdivision. Ar;previously mentioned, poteritial roc[,:f al I into this sitL' Nj. Il. be ve'ry i nf requrent over the years, burt this type o{ mitigation is sti. ll prudr:nt. I{ the engineerecJ design criteria presented by Don Fettygr-ave: irr his above ref ererrced r.eport is f ol lor.led, ttre r-ocl,:{al I ha:ard to occupants within strurctLrres to be located within EI l': Meadows Subdivi:;ion r.ri 1l be minimi:ecJ. Further. i{ {:l-re r-ecofiimencled engineeFirrg is atrct:flipl i shed dlrring the congtrucLi. on of gtrlrctr-tres upon the pl-oposed bLti l cli nq envel(]pt3s i tfrere shclLrld hre no increased ha:arcJ tci other ;iropelrtv or strutcturrers r clr to pr-rbl ic bnildings, r-oads, street3, right-o{-way: easements, urtilities or {acilities;"If yott have any f urttrr:r rlltersti.clns, pletcas;er clcl ntrt h r.:r: i t.rts to cont;rct utg;. Si ncear-el y, E]ANNER A51]OCIATES, If.JD. 1. 1st !i.v ..tj|r\r,!.'|' .i Ni chol. a.e Fro j ect L;rrrpiris, Fhlt. Gealr:gist- }ANNER ASSOCIATES. INC, :ONSULTING ENGINEERS & ARCHITECTS ;UNE 6, 605 EAST MAIN fSPEN, COLORADO 81611 . (303) 925-5857 BANNER ASSOCIATES. INC. CONSUL'I'ING ENGINEERS & ARCHTTECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION, CO 81506 r Qa3) 243-2242 BANNER JuLy 22, 1987 Mr. Ivlichael tauterbach P.O. Box 345I Vail, CO 81658 Re: Elk Meadows Subdivision BAr *8095-05 Dear l4ike, I have enclosed a reproducable mylar of the drainage plan for your project with the change made from "Preliminary" to rFinalr, as requested. With regard to your question about the building configuration above the l2-foot height, the structure above that level may be vertical wall, pitched roof or other construction. It really doesnlt matter what is above the l2-foot level from the aspect of hazard mitigation. Windows are acceptable above that leveI as wel-1. It must be remembered that all of the hazard mitigation is based on a reasonable l-evel of protection against the probability of an event occurring. The probabilities are low so the level of protection can be commensurately low also. If the design were to protect absolutely against all possible events' it would be prohibitive to build at this site, as it would be in all of the mountains. Should you have any questions, please feel free to call. Sincerely I BANNER ASSOCIA \*quc I fi F I F' ti. I r INC. Donald G. Pettygrove, P.E. DGP/rLg Enclosure BANNER ASSOCIATES. INC. CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTfON, CO 81506 o (3O31 243-2242 x 0l 1a Tll J, ll It tt" drl rl rl'v di t T fl ; 12 l n r F f' lr D I I , n 4 'f 'l 1 tl rl I I r L d ll !- ; ( ( + t ) I I n 't t fl a. t. ri .'lt ( i, n t/ v tl r n 1 S Y r ll t. L : t -!I I ^-1 I fl t ( r d tfr s 1il frfl fl Y nt f,p )It ?v ) l'\ri 1i, (u / 1 9F E nil a. o- o 4'/.r,r-l. r^<rN r DI !(t rN 'q0 4 0r N lJ lj3 L L -0l N N 'l )( { o f th t., t/ €I n f 1 r lr \l n st s v 9' (tl \l \dt\rI it r,nl FT \C O \Jd {$l 'r hL r do -l . (tr (lD llL fl== {d 7 tl fr s otl 1 I lT !t tr q P 0 1l ; 75 soulh lrontage road vail, colorado 81657 (303) 4792138 (303) 479-213s June l-5, 1989 otlice ol community developmenl Brad and Susan Tj ossem l-50O Buffehr Road Vail , Colorado aL657 Re: Regrading and reveg'etation of Elk Meadolrs Dear Bird Legs and Susan, On June L5, 1989, I net you both up at the Elk Meadows site. you proposed a plan to revegetate the E1k Meadows property. In order to start the revegetation work, it is necessary that you first subrnit your proposal to the Town staff. I think it is great that you want to clean up the site, however, it is important that the Planning Department reviews the revegetation plan before you start work. At this point, there are several piles of top soil and some of the lower portion of the road has been removed. Please do not do any furttrer work until we get this issue straightened out. According to the Pre-subdivision Improvements Agreement dated January 25, 1988, the road is to be regraded and disturbed areas on the property revegetated. ff the work is not completed by Septenber 15,tlre Town has the option to draw a new letter of credit. The Town does not want to get into the position of having to do this work. we would certainly prefer that you use your oern resources to revegetate.Please keep the Septeurber L5 deadline in urind. Please give me a call if you have any further questions about the review of the revegetation plan. f would pJ.an on allowing at least one week for the review of the proposal. As far as whether or not we will require that the road also be revegetated, I will need to talk to the other planners about that part of the proposal . cood luck! Sincerely, l{tit^"!,,h Senior Planner KP:1r tr - MI NUTES VAIL TOhJN COUNCIL MEETING JUNE 16, 1987 7:30 P.M. A regular meet'ing of the Vajl Town 7:30 p.m. in the Counci l Chambers MEMEERS PRESENTj MEMBERS ABSENT: TO}IN OFFICIALS PRESENT: l/Jqf'- Council was held on Tuesday, June 16, 1987, at of the Vail Municipal Building. 5 \ Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt GaiI l,lahrl ich-Lowenthal Gordon Pierce John S'l evi n Hermann Staufer Ron Ph'i11ips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town C1 erk The first order of business was a ten year employment anniversary award for Charlie Turnbull, a Town of vail Heavy Equipment 0perator II. Ron Phi'l ljps introduced Charlie and gave him a silver Town of Vail belt buckle. Pete Burnett and Stan Berryman stated they were pleased and honored to have Charlie work for them and commended him on his good attitude and sense of humor. Mayor Johnston sajd the CounciI appreciated Charlie's conrmitment and his Ioyalty to the Town. The second item was Ordinance No. 12, Series of 1987, second reading, adopting the 1987 Edition of the Uniform Electrjc Code by reference. The entire title of the ordinance was read by Mayor Johnston. Peter Patten exp)ained they had received a letter from the State raising the fees very slightly that day. After a brief discussion, it was noted the increase in fees wou'ld be included in the ordinance on second reading, and it would just be published jn full. Gail Wahrlich-Lowenthal made a motion to approve the ordinance, and Kent Rose seconded. A vote was taken and the motion passed unan'imously 5-0. The third item for discussion was Ordinance No. 15" Series of 1987, second annexing East Internountell to the Iplv1_gI_Jsi1. Mayor Johnston read the un.--El{fTskwith gave a brief explanat'ion of what the ordinance would thanked Bobbi sa'lzman and everyone who worked hard to make this annexation There was no discussion by Council or the public. A motion to approve the was made by Gordon Pierce and seconded by Kent Rose_ A vote was taken and motion passed unanimously 5-0. The next item was Ordinance No. 16, Series of 1987, fjrst readjng, amending Special Oevelopment 0istrict 5 (Vai'l Run Resortl by amend'i ng the site p'lan. The ful'l title was read by Mayor Johnston. Rick Pylman explained what the amendment would do and gave background informatjon on the area. He noted the impacts to Simba Run and explained why the PEC approved the amendment unanimously. Gordon Pierce stated he would have to abstain from voting since he did the architectural work on the plans. Larry Eskwith then requested the Council to inciude two findjngs in the motion - 1)that the SDD zoning is in confornance with Town of Vail zoning, and 2) was for the general welfare of the citizens of Vail. Jay Peterson, representing Vail Run, asked that the item be tabled temporarily. Vail Run and Simba Run representatives were in another room working out an agreement which should be concluded shortly. Kent Rose then made a motion to temporarily table the ordinance, and Eric Affeldt seconded. A vote was taken and the motion passed unanimously 5-0. The fifth jtem was Ordinance No. 18, Series of 1987, first reading, amending the parking on private property chapter of the Municipal Code. Mayor Johnston read the tjtle in full. Larry Eskwith briefly explained what the ordinance would do. Mike Cacioppo asked questions to which Larry responded. Kent Rose made a motion to approve th'i s ordjnance, and Gail l,lahr'l ich-Lowenthal seconded. A vote was taken and the motion passed unanimously 5-0. The next item discussed was Ordinance No. 20, Series of 1987, first reading, making a supp)emental appropriation to the Town of Vail budget. The full titte was read by Mayor Johnston. Steve Earwick explained what the supplemental appropriation was foi readi ng,title in do and happen. ord'i nance the and djscussed a few changes made since last week's Work Sessjon. Mike Cacioppo asked questions, to which Steve and Council responded, and stated his concerns. Ken llilson asked questions regarding how the Council made thejr choice for the Torn Manager's residence and explained the problems he saw- Cynthia Steitz, Chris Neuswanger, Mike Cac'ioppo and Diana Donovan commented on their concerns regarding the house- Ray Story, who helped Town staff plan a schematic design, explained what was planned. Cynthia Steitz again stated her concerns over the costs planned for the Town Manager's house and over l,lest Vail street assessments; she felt the money should be spent there. Gordon Pierce expla'i ned that street assessments were made because the streets were inherited from the County, and East Vail residents did not want to help pay to improve them. Charlie Wick gave a history of the Town Managers' housing problems and why he felt it was an appropriate long term investment for the Town. Gajl Wahrlich-Lowenthal made a motjon to approve the ordinance, with the deletion of the Town Manager's residence improvements until an appraisal was completed, and this motion was seconded by Eric Affeldt. A vote was taken and the motion passed unanimously 5-0. The next item was the return of Ordinance No. 16, Series of 1987, first reading, amending Special Development District S (ltaitBla&ort) by amending the site plan. The full title was read by Mayor Johnston. Kent Rose made a motion to take the ordinance off the table, and Gordon Pierce seconded. A vote was made and the motion passed unanimously 5-0. Jay Peterson, representing Vail Run, stated that they had worked out their differences with Simba Run. He explained they had agreed to certain items which should be included in the ordinance, which he would give to Larry Eskwith. He read their list of items agreed upon: 1. Parking will be primarily for employees and long-term residents; no commercial vans are to be parked there. 2. No snow is to be moved on to Simba Run property. 3. A buffer is to be agreed upon by both parties, w'ith the approval of the Design Review Board. 4. The landscape plan wilI feature a minimum amount of ten foot spruce trees, adequate to locate one tree for every eight feet around the parking lot. 5. A fjve foot berm will be placed around the parking lot. 6. There is to be no lighting around the parking lot unless required by the Town of Vai I . 7. The lightjng on the ramp is to be no higher than four feet. Chris Neuswahger stated his prob'lems with the proposed ordinance. Nicho'l as Giancamilli, representing Simba Run, stated that what Jay presented was pretty much what they wanted to accomplish. Eric Affeldt made a motjon to approve the ordinance with the additional language read by Jay Peterson, and GaiI Wahrljch-Lowenthal seconded. Peter Patten then stated his concerns that the ORB may have problems with the eight foot spacing between the trees around the area and also no lighting around the parkjng lot. Jay explained he only used the number of trees as the minimum to be purchased, and that there would be no lighting around the parking lot "unless required by the Town". Larry Eskwith requested that Eri c include the findings that the SDD zoning is in conformance with Town of Vail zoning and js in the general welfare of the citizens of Vajl. Eric Affeldt included these findings in his motjon. A vote was taken and the motion passed 4-0, with Gordon Pierce abstaining. The eighth item was Ordinance No. 19, Series of 1987 ,fTrst readingillestabl ishing a Special Development District for The Valley Phqse III (Elk {ea!9y;,1/ Mayor Johnston read the title in full. Kristan Pritz showed the Council current drawings and gave detailed background information on the area. She also detailed items included in the ordinance. She noted staff recomnended approval with five condit'i ons: 1. The development of each bu'i lding envelope will comply with the environmental impact report, especial 1y the design recommendations cited by Mr- Dan Pettigrove in a letter concerning design mitigat'ions for rock fal'l hazards. Each individual owner will be responsib'le for completing the rockfall mitigation measure per the Pettigrove letter. Studies will meet the standards outlined in Section 18.69.052 of the Town of Vail zoning code. An owner may choose to have another qualified engi neer,/geologist design appropriate rockfa'l 1 mitigation measures, as long as the mitigation solution does not have negative visua'l impacts and -2- is approved by the Town of Vail Corrnunity Development Department and Town Eng i neer . 2. The proposed preliminary landscape plan and design review guidel'ines rill be reviewed by the Design Review Board for their approval before final plat submittal . 3. The applicant agrees to revegetate the access road if the general subdivision improvements are not completed by September 1, 1989. General subdivision improvements are defined in Section L7.16.150 of the Totrr of VaiI Subdivision Regulations. 4. The declaration of protective covenants for the Elk Meadow Subdivision states that design guidelines "may be adopted". The staff would require that the wording be changed to state that design guidelines "shall be adopted". The fu11 paragraph would read: "Guideljnes for the developnent of the building envelopes and tracts shal 1 be adopted by the Committee, which shal I, among other things, interpret and/or imp'lement the provisions of these protective covenants. Gujdelines may be amended from time to time with the majori ty vote of approval from the Committee and approval of the Town of Vail Design Review Board. The guide1 ines will be available from the chair of the Design Committee and Town of Vajl Conmunity Development Department. " 5. The following engineering information will be submitted to staff by June 15, 1.987: a. The rev'i sed master drainage plan- b. The preliminary plan will be nevised to show the new turn-around dimension on the west end of the property. c. The road plan will have an engineer's stamp. The preliminary plan will be adjusted for square footage totals due to the removal of the four guest parking spaces on the west end of the project. d. A letter from Nick Lampiri s will be submitted to address the rockfail design requirements. A graphic is suggested. e. Gas'l ine and fire hydrants will be indicated on the utility plan in the appropriate areas. Kent Rose stated he wanted it made clear to the public that mitigation was reconmended for the structure on1y. Peter Patten commented that rockfall mitigation would be decided upon by the engineer and explained why the burden would be put on the oh,ners to do the mitigation. Peter Jamar explained how the rockfall mitigation was deveioped and how it was similar to other areas. Kristan stated the PEC djd approve both requests, with J.J. Coilins being the on'ly one to vote against. After some discussion by Council, Kent Rose made a motion to approve this ordinance with the inclusion of a requirement that a letter from Njck Lampiri s outlining his opinion of whether or not mitigation is necessary for the open space area of the subdjvjsion be subm'i tted before a second read'i ng of the ordinance, and Gail l,lahrlich-Lowentha'l seconded. A vote was taken and the motion passed unanimously 5-0. At this time, a typographical error was noted on Section 4, Item 12. There should be a dollar mark ($) before the .30. Kristan then explained the Counci'l needed to make a motion to approve/disapprove the request for a major subdivision in compl iance with major subdivision requirements. Gail Wahrlich-Lowenthal made the motion to approve the subdivision, which Gordon Pjerce seconded. A vote was taken and the motion passed unanimously 5-0. The ninth item for discussion was the Town of Vail Audjtors' 1986 financial report. Charlie t{ick introduced Jerry McMahan and Steve Thompson, head auditor, of McMahan, Armstrong and Kenney. Jerry explained the Town was in compliance with requirements and in very good condition at the end of 1986. He gave highlights of the audit document and an overvjew of the Town's financial position. Charlje lrlick made comments on investments made during last year, then Jerry McMahan answered quest'ions of Counci I . solution No. 20, Series of 1987, extending the SDD 14 approval Tom Braun explajned what the resolution was for and gave tion on the SDD. He then explained why the staff recommended -,-'.-'.--..-.''.._----.\ -Tti5 next jtem was -'(Doubletree Hotel -3- denial . Ton stated the Planning Commission had recommended approval of the extension for one year only with the following recommendations to Council: 1. The Town Council look at the parking requirements; it seems they may be overly restrictive. 2. The Appl i cant i n i ti ate tal ks wi th the Vai 'l Val 'l ey Medi cal Center 'l i ke l ast year regarding shared parking. Peter Jamar, representing Vail Hold'i ngs, urged the Councjl to hire a thjrd party to study lodges, hotels, etc. parking needs; he did not feel it would be near as much as what was required. He commented the Applicant would agree to a twelve month period, and the landscape plan is underway and should be done by September 1, 1987. After some discussion by Council, Mayor Johnston made a motjon to approve the ordinance, conditional on the landscape plan being completed. Kent Rose seconded the motion. A vote was taken and the motion passed unanimously 5-0. The next item of business was an a PEO dec'ision on a request Bu j],"di ng No. 2. Eri c Affel dt fng new ground by enclosing variance to enclose ten decks.this item because he noticed/t for a density called up the decks. Kristan Pritz reviewed the'reasoirs the PEC approved the enclosures: 1. There was a minimal amount of increased GRFA. 2. Substantial landscaping will be done in excess of that required wjth the fact that this was a major emphasis of the proposal and did not inc'l ude maintenance and upgrading which would normally be required. 3. Ealconies remain for each unit and are usable. Peter Patten gave additjonal background 'information on the item. Staff recommended approval of the exterior alteration, but denia'l of the density vari ance. Diana Donovan commented on why and how the PEC made its decision. Tom Briner commented on why he felt the variance should be granted. Gordon Pjerce made a motion to uphold the PEC decision to approve the request, and Kent Rose seconded. A vote was taken and the motion passed 4-1, with Eric Affeldt opposjng. Under Citizen Participation,,Diana Donovan remarked she was upset that the four-way was cold and uninviting now with the new street lights. Stan Berryman explained the design approvals by the State, and that we actuaily were able to get ten foot shorter posts and non-standard ?ights approved. Ron Phillips There being stated there would be no Town Manager's report. no further business, the meeting was adiourned at 10:50 p.m. Respectful 1y submi tted, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Mjnutes taken by Brenda Chesman _eppearifr Treetops -4- o RE: Transfer from LAM{R CAPITAL CORPORATION, A N-EW JERSEY CORPORATION _ _ Eo SUSAN L. TJOSSEM i Legal:A tract of land lying in Parcel A, Lion's Ridqe Subdivision, Filing No. 2 Secclon 1445 of che.Incernal Revenue Code provltles llraE a transferee of a U.S. real properLy lrlEerest rnust wiLhhold fax lf thc transfe ror is a foreign person. To inform thc Eransferee tlrat witlrholdlng of rax ls uot required upon t.he disposlclon of a U. S. real properEy .ilrreresr by LAMAR CAPITAL CORPORATION ( rraure ..r f LransIe ror),. Lhe undersigned hereby cerlifies ttrc following on bclralf of LAMAR CAPITAL CORPORATION t.LA-I.,IAR CAPITAL CORPORA?ION ( name is of E rans fe ro r) not a foreign corporaElon, forelgn parfnership, forelgn trust. deflned in che Incernal Revenue Code :-rnd lnconre 2. LA}IAR CAPITAL CORPORATION ts U, S. enployer idenclfication number is 22-r972486 ; and 3.LAIVIAR CAPITAL CORPORATION ts office address is 361 soUTIl STREET: MgRRILrowN. NJ 07960 _- __* - LA.IIIAR CAPITAL CORPORATION understands that or foreign estaEe (as lhose Eerms are Tax ltegulations); (naure o[ crans feror) thls certlflcatlon uray be dlsclosed to tlre thaE any false stacenenc corrEairred herein both, Under penallies of perJury I declare Lo thc besc of my knowledge and bellef 1r declare thaE I liave authorlry Eo slgn this Interanl Revenue Servlce by transferee and could be punislred by flne, impri.sonmen[, or thaE I have exaruined chis cerclflcaEion and ls lrue, correcc and complet.e, and I furrher docunenE on behalf of !. ra ns fe ror) Ti c l-e STATII OF COUNTY O!' The foregolng insErumenc r/as , LI_EX*, bv me Ehis //{i day OF LAIqAR CAPITAL CORPORATION, A NEW .]EY CORPORATION 't\)l".i:.:.f :",1': l^lltness my hand and official eal. l{y conuulssion expi res:(t)( I /r1. 7. NOTE: The transferec nust retain ctris ccrclflcatlon untll tlre end of the f1f rlr tax,able year following clre t.axable year in which the transfer t.akes plaoe. Ttre Itrternal Rcvcnue Servlce nray rcquire tlris ccrcificale Eo be filed vith it. Thls ccr!lficaLc is furnished for tlre inforuraEloI| of Llre Cratlsfcrcc; Llle Eransfcree sir.rrrid scek Legtil ar.ivice ar:j Lo Lire efiect lf saurc. Add res s r- I- 85 BUYER(S) SETTLEMENT STATEMENT Prepared by STEI"IART TITLE OF EACLE COUNTY' INC. 'P.O. BOX 1248 VAIL, COLoRADO 81658 (303) 949-1011 FAX * 949-77L3 SeIIer(s): LAMAR CAPITAL CORPORATIS! Buyer(s): SUSAN L. TJOSSEM Lender: .......Property: A PART OF PARCEL A LION'S RIOGE SUBDIUISIOt-l FILING NO. 2 Closing dater . O2/83/BA Proration datet O2/O5/88 Guaranty file 3?99 SALES PRICE PLUS CHARGES: RECORDING FEE$ DEED '3 6.OO STATE TAX./STAHPS DEED 9 4.OO TAX CERTIFICATES TRANSFER TAX,/TOU . .1S. . . CLOSING FEE . TOTAL CHARGES SALES PRICE PLUS TOTAL CHARGES 5.00 4 .00 5. 00 400 .00 25.00 40,008.00 440 .00 40 ,440 .00 LESS CREDITSr DEPOSIT OR EARNEST t"lONEy 2,500.00 couFrrY TAXES 01-01"-88 TO 0a-05-88 ..9.$.2,'98?.3$lyear "A3.77 T0TAL CREDITS ?,783.77 BALANCE DUE FRIIM BUYER , 37,636.?9 Hy signature hereon acknowledges €pFrovaI of ttsx prorationg. Any DEFICIT in delinquent taxes nrill be reimburEed to Title Company by the Eeller. BnIy thF items specifically spt cut above have been addressed as part of this closing. AII other mEtters, irrcluding but not Iimited to, water, Ber.Jer r tap fees and 6peci€I tsssesgmen tE are not a part of this settLement and shall be hendled between Buyer and Seller. The undersigned further acknorrledges that the absve information wag agsembled from sourees other th€n this company and therefore, thi6 company cannot guaran tee the accuracy thereof. Inter€st on existing Iiens is figured to the date indieated and additional intere6t may have to be collected, if necessary, to secure the Release from the lienholder. HE APPROVE THE FOREGOING SETTLEMENT STATEMENT, IN ITS ENTIRETY, AUTHI]RIZE PAYMENTS IN ACCORDANCE THEREHITH AND ACKNOI"ILEDEE RECEIPT OF A CC'FY HER,EOF. BUyER SrrAr2,.tl \^- rJHISAe-rl.\ SUSAN L. TJOSSEM W BUYER STEI^IART TITLE OF EAGLE COUNTY by CINDY HUGHES Escrcw Officer -,ljll,.o*''"" Poricv ' (6 r 87) POLICY OF TITLE INSURANCE ISSUED BY STE\ry'AITT TITLT GUAIIANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date o{ Policy shown in Schedule A, against loss or damage, not exceedinq the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarkerabillty ot the title; 4. Lack of a right of access to and {rom the land. The Company will also pay the costs, attorneys'lees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. lN WITNESS WHEREOF, Srewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date o{ Policy shown in Schedule A. .2 Va4"'7q*,-'a s.r'frfi/As'j.;l^.,_'ll" " gwv( rrh Chairman of the Boarrl Countersigned: Pr esrden t Company ,S'ffir%-Er \a#s-- txclustoils f toM covElAGE City, State The following mo ers ore expressly excluded lrom the coveroge of lhis policy ond the Compony will nol poy loss or domoge, cotts, otlorneys'{ees or expenses which orise by reoson o{: l. (o) Any low, ordinonce or governmenlol regulolion (including but not limited lo building ond:oning lows, ordinonces, or regulolions) resldcting, reguloting, prohibiting or reloting to (i) the occuponcy, use, or enioymenl ol the lond; (ii) lhe chorocter, dimensions or locotion ol ony improvemenl now or hereolter erected on the lond; (iii)o seporolion in ownership or o chonge in lhe dimensions or oreo ol the lond or ony porcel ol which lhe lond is or wos o port; or (iv) environmentql proleclion, or lhe ellecl o[ ony viololion of these [ows, ordinonces or governmenlol regulolions, excePl fo lhe exienf thdl a notice ol the enforcenent lliereof or o nolice of o de{ect, lien or encumbronce resuhing frorn o violotion or olleged violotion offecting the lond hos been recorded in the public records ol Dole ol Policy. (b) Any governmenlol police power not exduded by (o) obove, excepl lo the exlenl lhot o nolice ol lhe exercise lhereol or o nolite of o defect, lien or encumbronce resulting lrom o violotion or olleged violotion oflecling the lond hos been recorded in lhe public record$ ot Dote of Policy. 2. Rightr of eminenf domqin unless nolke of the exercire thereol hos been recorded in the public records ot Dofe ol Policy, but not excluding from coveroge ony toking which hos occured prior fo Dote of Policy which would be binding on lhe rights of o purchoser for volue withoul knowledge 3. De{ects, liens, entumbronces, odverse cloims or ofher motlerc: (o) creoled, suffered, ossumed or ogreed lo by the insured tloimont; (b) nol known to the Compony, nol recorded in the public retords ol Dote of Policy, but lnown fo fie insured cloimonf ond not disclosed in writing lo the Compony by the insured cloimonl prior to lhe dole the insured clqimonl become qn insured under this policy; (c) resulting in no loss or domoge to lhe insured cloimont; {d) ottoching or creoled subsequent to Dole of Policy; or (e) resulting in loss or domoge which would nol hove been susloined if the insured cloimqnl hod poid volue for lhe eslole or interert insurcd by this policy. lllfti^::0.e941.221335 AI,TA OWNER'S POLICY sc/kb SCHEDULE A Order No.: Policy No.:3299-VC5 0-9941-221335 Dateof Policy:gruprrrary 12, 19gB At 10:49 A.1r,1 .Amountof Insurance:S +O,OOO.O0 1. Name of Insured: SUSAN L. TJOSSEM 2. The estate or interest in the land which is covered by this policy is; FEE SIMPTE 3. Title to the estate or interest in the land is vested in: SUSAN L, TJOSSEM 4. The land referred to in this policy is described as follows: A bract of land lyingr in Parcel A. Lion's Ridge Subdivision' Filing No. 2, a subdivision recorded in bhe office of bhe Eagle County. Colorado, Clerk and Recorder. said tract being nore particularly described as follows: Beginning at a point on the Southerly right-of-way line of Lion's Ridge Loop, as said righb-of-way is shown on btre recorded plab of Lion's Ridge Subdivision' Filing No. 2, whence Lhe Norbh 1/4 corner of Secbion L2, Township 5 South, Range 81 West of the 6th Principal Meridian bears N 60055'39" E L259.53 feet. ttrence the fo]lowing three courses along said Southerly righb-of-way line (1)S 49o45'56" W. 50.77 feeL; |Z)ZLO.51 feet along the arc of a curve to hhe right havingt a radius of 1128.71 feet, an interior angle on 1?oL2'32", and a ctrord which bears s 55052',12" W 240'06 FEEir; (3)S 61058',28" W 456.74 feet, Ltrence deparbing said right-of-way line S 11o59'06.' E 65.01 feet. thence N. 72026'42" 8 35.0O feeb, thence N 76047'59" E 382.54 feeb, thence S 44059'18,' E. 80.0 feet to a point on bhe SorrLherly boundary of said Parcel A, thence the following: two courses along said Southerly boundary: (1) N 68019'00" E 3?0.0O feet; (2) N 50o05'00" E 100.00 feet, btrence departing said Southerl-y boundary N 27oO2'59" W 208.?6 feet; bhence S 52057'0L" W 121.50 feet, thence N 0305?'59" W 9I.61 feet to the point of beginning. See Continuation Page -e-A#ktoU - AUfHOR IZED COUNTERS IGNATURE FITE.WAI.IT TTTI,I.) GUAN,ANTI COTPANY CODE 0Ol2lRev 5t84 Paqe 2 ORDER NO.:3299-VC5 O Attached to and made a pan of Ste$,art Title Guaranty Company Folicy pp-9941-??1335 Continuation of Schedul& N0. 4 COUNTV OF EAGLE STATE OF COLORADO Pag€ -203-A-T (5oM 11-86) STE.W'AR.T TITLE CUANANTT COXPANY \ ALTA OWNER'S POLICY r ORDER NO.:32ee-e SCHEDULE B PolicY No': o-9941-221335 This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expensesf which arise by reason of : 1. Rights or claims of parties in possession not shown by the public records. 2. Easemenls, or claims of easements, not shown by the public records. 3. Oiscrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correcl survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien. for services, labor or material heretofore or hereafter furnished, imposed by law and nol shown by the public records.5. Any and all unpaid taxes and asaessments and any ur"lr-edeemed bax sales. 5. The effect of inclusions in any general or specific water conservancy. fire protection, soil con6ervation or other disbrict or incluslon in any qraLer service or street inprovement area. 7. Right of Proprietor of a vein or lode bo extracb and remove his ore bherefrom should the same be found to penetrate or intersect the premises as reserved in United States Fatent recorded in Book 48 at Page 54?. 8. Righb of way for dit,ches or canals constructed by the authority of the United SLates, as resesved in United Stat.es Pabent recorded in Book 48 at Page 54?. 9. Resbrictive covenants, which do not contain a forfeiture or reverter clause, as contained in Instrunent recorded Sepbember 20 | L972, in Book 225 aE Fage 443 and amended in fnsbrrrment recorded Septernber 29 | L972 in book 225 aE Paqe 565 and anended in fnstrument recorded Janr-rary 22, L974 in Book 233 ah Page 53. 10. Utility easemenbs as reserved on the Plat of Lion's Ridge Subdivision, Filing No. 2. 1I. Terrns and conditions as contained in Agrreenent between Tayvel Environmental Land Company and Mounbain Stabes Telephone and Telegraph Conpany recorded September 27, 1973 in Book 231 at Fage 291, 12. Terrns and conditions contained in Resolution of bhe Eoard of County Cornmissioners of Eagle County recorded March 27, 1980 in Book 300 at Page 757 and May 5, 1980 in Book 302 at Page 508. 13. Terms, provisions and conditions conbained in Planned Unit Development Plat and Declaration of Frobective Covenants recorded llarch 27, 1980 in Book 300 at Page 758 and re-recorded April lO, 1980 in Book 301 at Page 415. See Continuation Page | 613lRev 6 871 Ti T F: \,I'A I'T 1'IT I,I.; OUARANTI (j()IIPA N Y Page 3 pRDER NO.:3?99-VCs O o-9941-221335 Allached to and made a parl of Storrart Title Guaranty Company Policy No. Continuation ot SctreCutB 14. Easement as gTranted bo Wm. James Cunningtram and Va11ey Associater, itd., a Colorad.o limibed partnership in InsErument t'ecord.ed August L6, L}BZ in Book 344 at pagre 309' 15. Easemenf as granted to Vail Va11ey ConsolidaEed Water Disbrict in Instru*".,f re.ord.ed September 13, 1982 in Book 345 at Page 785 and 786. Page -203-A-T (50M l1-86) STE\^rAR.TTTTLE GUARANTI COIIPANY I .|'..-- ESCRSH INSTRUCTIBhIS The undersigned deposit with Stewart Title of E"gf: tlounty, Inc., as Lserow Agent, the items set forth beloar, tc E,e held subjec.t to the termE End eondi tiorrs set forth herein. Deposi tedr $ I ,000.00 Instructions: 1. rf on or before .rury 15, r9gg, Escrow Agent receives written instruction from-both the undersigned that the trees have been planted per the Town. of VaiI ,s ,.{oir.rn rras. Escroh, Agent shal1 disburse said deposit to Micbaet iauterUactr. 2. If on July 16, 1ggg, Escror., Agent is not in receipt of r.rritten instruction pursuant to parag;aph l. above, Escrow Agent shall disburse said deposit to the To"" oi v"if for the planting of reguired trees. FiLe No Date: 3582-v January 25, 1988 SteurErt Titte shalt be liable only fof its wiIIfuIt acts and mi sconduct i n resf e"t - t" thi s agrFerrrerr t Eod shalr not be car.led ;;";-;;-;;";;.re sny ccntrtsct depoeited h,ith it, and ehall a"-i*quired to act in r€Epect to the deposi t herein-maOe, onJ.y upon the jojnt :;:"::.:=:l-..:'; :,.r.,*, r,u,r*to rrl*-,.* required, or upon eu,'r i "i *., | . -r..,1!1::;i !i:.li_?l.li. .ff-, i:l;:iol, i,re=pon:i bl e r.or rf,e--suf i i .i;;;;;; eorrEctness, or vclidi ry of eny ol- .tfre inr,runrlirs deposi ted hereunder nor sharl i r be r11ure ;;;';;;,-i;:1 urfrich rrrey occur hy reasGn of forger j es sr rn i sr ep r *s*n t € t i c, n E . ^Trteee ,.,. 1".,niodi f i ed or reqroka.d the FErtiee hereto, upon payr0err t of all thereto nay be ,iL terad, -,.|d*a trriting onIy, signed by apprc,ved t'y the Escrow bt, anE ,aLl of Agent nci den t fees, co9tE, end expenses i No eEsj grttftErtt,, transt-er, or conveysnce oi any right, ti tle or intereEt irr and to thP subjecr rnar rer ,: i thi s e-,crsw sfr€Il be bi ndi ng upon thp EEcrr-ru Agen t unleEs wri tterr nc,tice thereor- shall be serued upon thF E:.erc,w Agent Errd aLl fees, c,lstE snd expenses irrcident ro sueh tranefer af intEreEt shsll have been paid, Any noticE required or desired tcr be given by Escrow Agerr t to any other party to thie escrow niay be gi uen by mai J. i rrg the ssnre to :.uch par ty at the adoress rrct€d EeLor..r, and notice so rnEiled shalt for all purFoEes tre as ef r'ectual ae thcugh serviced upon such parr? rn perEon at rhe tirne of depositing such notice in the nraiI. The Eserc,u Agent shal.l for any act it n,ay do or onri €'3ant, u,rhi Ie scting in goad ItB c'brn E'eit judgEnrEnt, and it pursuant to thtl a,Jv i ee of conelusi v e eeidenee of such not be personally liable t to dD hereinurrder ag such fiith and in exerei se of any €ct done or orni t ted by its own Bttorney shalt be good fai th, I f any any t irtte E di epu te Ehould ex i et as tc, the du ty c,f the Egu-r or,.r *ge-rr t under the tErr,-rs hereof , the EEcrow Agent rnay d*paei t any morries depa=i ted hereunder or Ec much thFreof ee thEn re&ming in ite hgrrds, with the rllerk urf the District cc,urt of rhe county oi Eegle,gt€ta of Colorado, End fir€ly irr tErF,IEl€d tFre Farties he,reto. Upan :c, depo=i ting euch moni*s ;,nd f iling i ts conipJ.aint irr intr--rFleader, the Escror.l Agu.n t .-hEII be relr-'aeed f rorrr ar.l t j gtii 1i ty under the ternrs hereof as tn the rnoni L:s so de,poai ted. The parties hereto, f or th*niEslveE, thei r hei r.s, EUcces*ors, and assi gns, do her*by gubnri r th*rns*Lues to the jurigdiction Jr iaro tlourt arrd do hereby appoirrt sEi,J tllerk oi the rlourr ag thrir Agent for eeruice or- aIl procegg irr eonnection ui tl-r the proeeedi ngs ffien t i urre,l irr thi E Fr ar agr €p h. In csnsideration of the aecep tance of this escrot^r by rhe Es.crow Ag,_=n t , the urrdersi gn*d sgree to pay the Escr'-rror Agr'nt i ts eherge hereundei and to indernni iy and h*ld it hsrrrrlegs as ro any liahility incurred by it to snll otner pErEon c,T corporation by reason of i tg havirrg aeceF ted ths eEeror\, c,r i n eBnneet i orr herewi th r snd to TelrrburgF i t f or aIl its e>(pFnEes including, Entong o thet" thr,gE, Etttlrnay r'*es .3nd trou).t ccsE incurred in conrreet i on herewi th. Such i ndenrn i t i es slraLL i ncluoe '3t t':r'rra/ iess i ncurred. .by the Escrc,(^r figen t i n det endi ng .3 s.u i t Egninst i t by sny of rhe ptsrtiFs ht-:yetc, in r,lhich Ster'rart Ti tl* prEvsil-e; Er,d the h*crow Agerrr shElI h.Bve e f i r-*'t end prior lien upon arf dL-apoei t5 mtsde hereundsr ro :.eCUre the perf OrmBn,:F of *ai d egreerren t of indarnni ty ,:nd pts)rr,ent af i tE charge.E End e.),perrseE. Tha prcvi si c,ne. of the:e i nstruct i c,ne sheLl be bi ndi ng upon the legal reprssen tat i vee, hei rs , . =Uctre':scrrE, Errd aE.S j gns Of the FEr ti eS hereto. In rri tneEs.aff iir*d rheir si whereof the undersigned have hereunro lrritut^€E es of the d.ste above wri,tren. ) Er.:i g e,t a E O. Box 3451 stcpher,ton d Sheehan f4i ehaeL Lau terbach o FREDERICX S. OTTO JAY K. PETERSO N WILLIAM J. POST Orro, Pnrnnsox & Posr ATTORNEYS AT LAw' POSt OFF rC E BOX 3tzl9 varl,, coroRADo at6s6- 3149 December 28, L987 VA IL NATIONAL BANK BUILDING (303) 475-OO92 EAGLE VAIL PROFESSIONAL BUILDING (303) 949-5380 DENVER OI R EC'T LINE Kristan Pritz Town of VaiI 75 S. Frontage Road Vail, CO 81657 RE: EIk Meadows Subdivision Dear Ms. Pritz: Pursuant to our recent telephone conversations, enclosed is the revised draft of the Pre-Subdivision fmprovements Agreernent for Elk Meadows Subdivision. After you and Mr. nsquith have reviewed the enclosure, please contact ne with any comments you may have. Very Truly Yours,6aW William J. Post WJP/cdb Enclosure (s) cc: Peter Kalkus 75 soulh fronlage road vail. colorado 81657 (3O3) 476-7{Xr0 ottlce of communlty devslopmenl November 5, 1987 Mr. Bill Post Otto, Peterson and post P.O. Box 31-49 VaiI , Colorado 81659 Re: Elk Meadows Subdivision Dear BiIl: r- received yguT letter dated November 3rd. concerning the Erk Meado!'rs subdivision. rn your letter you state that at the auction you will be offering rots for sale. r fert that r should ivrile you a letter to make sure ttrat you are aware of the fact that therg are no lega1 rots at thi-s tine, as the subdivision has not been recoided wi-th Eagle cou;ty. If y"l have any guestions about this important detail, please f,eel free to call ne. KP:br FREOERICK 5. OTTO JAY K. PETERSO N WILLIAM J. FOST Orro, Pnrrnsox & Post AT LA'W POST OFFICE BOX 3I49 \r'AIL, COLOEADO al658- gt49 November 3, t987 VAIL NATIONAL BANK BUILDING {3 03) 476-OO92 EAGLE VAIL PROFESSIONAL BU ILOI N G {303) 9z}9-534O OENVER DIRECT LIN E (303) 623 - 5926 Kristan Pritz Town of Vail 75 S. Frontage Road Vail, CO 81657 RE: EIk Meadows Subdivision Dear Ms. Ptj-i-zz This letter is written on behalf of my client, Lamar capital Corporation (trl,amarrr), and is in response to your letter of October 22, 1987. On or about December 5, 1,987 | Lamar is offering the Lots (the rrLotslr) in EIk Meadows Subdivision (the rrSubdivisionrr) for sale through an Auction to take place in Denver, Colorado. Depending on the results of such Auction, Lamar shall take one of the following actions: In the event Lamar contracts for sale of any of the Lots at the Auction and deterrnines to proceed to close such sa1es, L,amar shall inunediately proceed to enter into a Subdivision Improvements Agreement with the Town of Vail,deliver such assurances as may be required and proceed to record the final plat of the Subdivision.In the event that Lamar does not contract for sale of any of the Lots at teh Auction or determines not to r:roceed to close any contracted sale, Lamar shall inunediately proceed to perform under taht certain Pre-Subdivision Improvements Agreernent dated August 24, 1987 |and approved by the Planning and Environmental Commission on August 24, L987. Such compliance shall be accomplished by delivery of a bid for rrWork 2rtr as defined in such Agreement, signed by a contractor and delivery of a letter of credit issued to the Town of Vail for the account of Lamar to guarantee the completion of Work 2. f hope that this letter satisfies your concerns Kristan Pritz Novernber 3, L987 Page 2 I shall contact you results. after the Auction to inform you of the wJPlcdb cc: Peter Kalkus Michael Lauterbach lnttn 75 south lronlage road yall, colorsdo 81657 (303) {761000 October 22, L987 Mr. Peter Kalkus Lamar Capital Corporation 355 South Street Morristown, Nelr Jersey O?gGo Re: Elk Meadows Subdivision olllce of communlty deYelopmenl Dear Peter: over the past sunrner, the Town of Vail communitsy Development Departnent has been working wittr your project representative,Mr. Michaer Lauterbach, on the Elk t"teadowl suuaii'ision, tn ine spring, Mike received a perroit from Eagle county arrowing for the construction of a portion of the access road into El.i lteadows. Under the Town of VaiI subdivision process, a developer wourd not begin construction on the subdivision road until the project had been given final approval . Due to the fact that_this property was in the countfand under their jurisdiction, Mike was able to begin conitruction on the road,onee the project r,ras back in the town's jurisdiction, it was necessary to complete the final approvaL of the subdivision before any general subdivision i-mprovernents could be made. ?he staff had a verbal. understanding with Mike that Lamar capital wourd provide a letter of ciedit to cover regrading and revegetating the disturbed areas of the project due io the-access road construction. rt was agreed that the retter of :I.qi! would be_provided regardless 6f vhat your companyrs decision is on finarizing and recording the iubdivisionl The Planning and Environmentil comnission ilso inciudea trre reguirement for a pre-subdivision improvernent agreement in their motion for finar approval of tire Erk Mead6ws subdivision (8/24/87r - staff is concerned that adeguate funds be available to cover costs to return the land to itJ original condition if the project does not proceed. Today, f was inforned by Mike that he is no }onger working on the project. For this reason, I am writlng this tetter to encourage your corporation to provide the letter of credit to cover regrading and revegetatlon work in the area of the road.I hope that you will see fit to provide the l.etLer of credit as originally agreed upon with Mike. It would be a shame to leave the neadow in its present state if the proJect does not go forward. If you have any guestions about our concern, please feel free to contact me. Sincerely, i/ I nI {ricfnn Ynf^tIrJ t\r \ \ll I (Kristan Pritz Town Planner KP:br sc: Peter Patten Gary Murrain Mike Lauterbach 7:30 8: 00 Larry Eskwith Peter Patten 8: 15 Charlie l,/ick Steve Barwick Larry Eskwith 8:45 8: 50 VAIL TOI4IN COUNCIL REGUTAR MEETING TUESDAY, SEPTEMBER 15, 1987 7:30 o.m. EXPANDED AGENIA 1. Western Development Corporation Presentation on the Congress Hal'l 2.. Consent Agenda A. Ordinance No. 29, Series of 1987, second reading, concerning Planning and Environmental Commission term of office. Action Requesle4 pf lQqglci1: Approve/deny Ordinance tro.29,leries of 1987, second reading. Background Rationale: The Charter has been changed by puEllz-toie-millTving Pl ann i ng Commission terms of office from four years to two years. This ordinance simply brings the Town code in compliance with the Charter. Staff Recommendatioq: Approve Ordinance No. 29, Series ffiojns. Ordinance No. 32, Series of 1987, second reading, amending the Elk Meadows SDO No. 16, 0rdinance No. 19, Series of 1987. Action Reqqette! p-t_!ggqqt-l-: Approve,/deny 0rdinance No. 32, Series of 7987, on second reading. Background Rationale: The proposal js to amend SDD 16 E1F Meadows by: 1) Decreasing the density from nine units to seven units; 2) Changing the mix of units from two duplex, five single family to seven single family units; 3) Adjusting GRFA from 1.777 sq. ft./unit to 2285 sq. ft.,zunit; 4) Adjusting wording re] ated to the height ljmjt. Staff Recommendtion: Approve Ordinance No. 32, Series of 1987, on second reading. 3. Ordinance No. 31, Series of !987, first reading, concerning local collection of sa] es tax. Action Reguested of Counci'l : Approve/deny Ordinance No. 31, Serles of 1987, on first reading. B. Background Rationale: An ordinance is required in order to ffiles tax collection program. StaffJeconnmeldation: Approve 0rdinance No. 31, Series of ffig. CITIZEN PARTICIPATION 4. Town Manager's Report 5. Adjournment 'l 2. VAIL TOl,lN COUNCIL REGULAR li{EETING TUESDAY, SEPTEMBER 15, L987 7:30 p.m. AGENDA Western Development Corporation Presentation on the Congress Hal1 Consent Agenda A. Ordinance No. 29, Series of !987, second reading, an ordinance' amending section 2.24.0?0 of the Municjpal Code of the Town of Vail to provide that nembers of the Planning and Envjronmental Commission shall serve for a term of two rather than four years on an overlapping basis; and providing details in regard thereto. B. 0rdinance No. 32, Serjes of 1987, second reading, an ordjnance amending 0rdinance No. 19, Series of 1987, which approved a Special Development District (known as SDD No. 16, Elk Meadows) and the development plan in accordance with Chapter 18.40 of the Vail Municipa1 Code and setting forth details 'in regard thereto- Ordinance No. 31 , Series of 1987, first reading, an ord.i nance repealing and reenacting Chapter 3.40 Sales Tax of the Munjcipal Code of the Town of Vaii, Coiorado to provide for the sel f col lection by the Town of Vail of the Town of Vai1 Municipal Sales Tax and setting forth details in regard thereto. CITIZEN PARTICIPATION Town Manager's Report Adjournment ? 4. VAIL TOI,JN C0UNCIL REGULAR MEETING TUESDAY, SEPTEMBER 1, 1987 7:30 p.m. REVISED AGENDA 1. Consent Agenda A. Approva) of Mjnutes of August 4 & August 18 Meeting B. 0rdinance No. 17, Series of 1987, second reading, an ordinance adopting an Investment Policy for the Town of Vajl. C. Ordinance No. 30, Series of 1987, second reading, an ordinance approving a special development district, (known as Special Development District N0. 18, Victorian at Vajl) and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code in setting forth details in regard thereto. 0. Resolution No. 23, Series of 1987, a resolution setting forth the Town Council's support in principal of the Town of Avon effort to further investigate a Television Transiator System for the communities of the Gore Va1 'l ey. E. Reso'l ution No.24, Series of 1987, a resolution authorizing the Town Manager to act on behalf of the Town in negotiat'i ng and entering into a lease agreement providing for the'l ease of land and improvements to the United States Postal Service and other instruments and documents re'l ati ng thereto. 2. Ordinance No. 29, Series of 1987, first reading, an ordinance amending section 2.24.020 of the Municipal Code of the Town of Vail to provide that members of the P'lann'ing and Envjronmental Commission shal'l serve for a term of two rather than four years on an overlapping basis; and providing details in regard thereto. 3. Ordinance No. 32, Serjes of 1987, first reading, an ordinance amending Ordinance No. 19, Series of 1987, which approved a Special Oevelopment Djstrict (known as SDD No. 16, Elk Meadows) and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. 4. Approval of Post 0ffice Lease Extension Agreement CITIZEN PARTICIPATION 5. Town Manager's Report 6. Adjournment A .? t 'n ta!t^ q,^nd,-x Planningr nna e+vir""*"ata]' ""t**""'.tt Conmunity Development Department -+€su€tia-rea? Qk^L t, t{E? SUBJECT; Amendments to Special Developnent District #16, Elk Meadows Applicant: Lamar CapitaL Corporation on July 7, !987t the ordinance approving the Special Development District for Erk Meadows was given- final approval by the Town Council. The planning Conuni.ssion may approve minor changes to a special developrnent district.* ThL reguested changes to Special Developnent District #j-6 are Listed below: TO: FROM: DATEi Original SDD Units 9 L'typ. ]. enra: duplex, 5 single farnily Lt777 per unit Proposed Arnendments 7 7 single faurily units 2,285 per unit t @ ugi4No+l^-<l8r Esseltially, the applicant is requesting ffi density of the subdivision. The total rlnit nurnber is being decreased from 9 to z units. 1"0 units are actually a11owe5.under the original zone designation. The project would trave 7 single dwelling units instead of 2 duprex uiits prus s singre fanily units. The GRFA for the project-wou1d change to 2,296 sguare feet for each single faurily unit instead of L,777 GRFA per unit. The total GRFA allowed for the project is 16,000 sqluare feet- The total GRFA proposed would be L5,995 square feet. STAFF RECOI4MENDATION staff recornmends approval of the amendments. our opinion is that the decrease in density should be vier^red. as a iositive inprovement due to the sensitivity of this site. Altached to tlris merno is the revised special Development District #l-6 ordinance. Please note that additions Lave been typed in all capital letters and underlined. A line is drawn tlriough portions of the ordinance that will be ornitted. TErori+i.n+l comperi sle n Pt*-FeEgS.' o TO: FROM: DATE: SUBJECT: Town Council Corununity Developrnent Department September 1, L987 Amendnents to Special Development District #16, Elk Meadows Applicant: Lamar Capital Corporation On July 7, 1987, the ordinance approving the snecial DevElopment District for EIk Meadows was given final approval by the Town Council. The Planning Cornrnission may approve minor changes to a special development district. TXg_pgC reviewed the chanqes below and recommended approval of the amen ts at their Auqust 24 The requested changes Spec velopment District #16 are listed below: Original SDD Proposed Arnendments l. Units 9 7 2. Type 2 duplex, 5 single family 7 single fanily units 3. GRFA: Lt777 per unit 4. Section 4 B.8: Building Height.Building height shall be 33 feet for a sloping roof. Building Height.nuilding Eelgrnt shal1 not exceed 33 feet for a sloping roof. 2t285 per unit Essentially, the applicant is requesting to decrease the density of the subdivision. The total unit nurnber is being decreased from 9 to 7 units. 10 units are actually allowed under the original zone designation. The project would have 7 single dwelling units instead of 2 duplex units plus 5 single family units. The GRFA for the project would change to 2,2a5 square feet for each single farnily unit instead of L,777 GRFA per unit. The totat GRFA allowed for the project is 16,000 square feet. The total GRFA proposed would be l-5,995 square feet. STAFF' RECOMMENDATION Staff recommends approval of the amendments. Our opinion is that the decrease in density should be viewed as a positive improvement due to the sensitivity of this site. Attached to this memo is the revised Special bevelopment District #16 ordj-nance. Please note that additions have been typed in all capital letters and underlined. A line is drawn thiough portions of the ordinance that will be omitted. ORDINANCE NO. 19 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD16, ELK MEADOWS) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO I{HEREAS, Chapter 18.40 of the VaiI Municipal Code authorizes Special Oevelopment Distri.cts within the Town; and I'IHEREAS, Lamar Capital Corporation has submitted an application for a Special Development apprbval for a certain parcel of property within the Town knoral-as The Valley, Phase III, part of Parcel'A, Lion's'Ridge Subdivision Filing No. 2 to be known as Special Development Distrjct No. 16; and WHEREAS, the establishment of the reguested SOD 16 wil'l insure unified and coordjnated development within the Town of VaiI in a manner suitable for the area in which jt js situated; and : I,IIIEREAS, the Planning and Environmental Commission has recommended approval of the proposed SDD; and I.THEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to establish such Specia;l Development District No. 16: NOl^l, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOl,'lN OF VAIL, COLORAOO, THAT: Sectjon l Amendment Procedures Fulfi'l 'led, Planning Commission Report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Counci'l has recejved the report of the Pianning and Environmental Commission recommending approval of the proposed development plan for Special Development 0istrict No. 16. Special Development District No. 16 (S00 16) and the development plan therefore, are hereby approved for the development of Phase III, The Valley, part of Parcel A, Lion's Ridge Subdivision Filing No. 2, within the Town of Vail consistinS ?f 3.5 Special Development Distri ct 16 is established to ensure comprehensive development and use of an area that rill be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Council and meets alI design standards as set forth in Section 18.40 of the acres. Section 3. Purpose. Section 2. a Municipal Code. As stated in the staff nemorandum dated June 8, 1987, there are significant aspects of Special Development District 16 which are difficult to satisfy through the imposition of the standards of the Residential Cluster zone district. SDD 16 allows for greater flexjbjlity in the development of the land than would be possible unde.r the current zoning of the property. In order to help preserve the natura'l land scenic features of this site, building envelopes rill be established which designate the areas upon the site in which development will occur. The establishment of these building envelop.es will also permit the phasing of the development to proceed according to each individual owner's ability to construct a residence. SDD16 provides an appropri ate development plan that maintains the unique character of this site given the difficult site constraints which must be addressed in the overall design of the project. Section 4. Development Plan A. The development plan for SOD 16 is approved and shall constitute the plan for development wjthin the Special Development District. The development plan is compri sed of those plans submitted by Lamar Capital Corporation and consists of the I following documents, which will be fjnalized at the major subdjvision fjnal plat revi ew: 1. ELK MEADOW SUESIVISION PHASE III, THE VALLEY, FINAL PLAT. A EESUB0rVl!!o AUGUST 6. 1987. 2.E'lk Meadows Subdivision Phase III: FINAL UTILITY PLAN, PART 0F PARCEL A LIONSRIDCE SUBDIVISION. FILING NO. 2, EAGLE VALLEY ENGINEERING AND SURVEYING, FEBRUjRY 23, 1987.+r€+irrinary llan Euil4ing Envelepes an* e-tffi6ruar#3, i98H1r'. -tee-+eehnen:-€o+e*ado-+egis+ere+-Cand-Eurv eyor. EIk Meadows Subdivision Phase III Access Road Design Drawing, John MacKowen, Surveying and Engineering, Inc., June 5, t987 Fjnal Landscape P1an, Elk Meadows, Phase III, Mr. Dennis Anderson, Associates, AUGUST 6. 1987 -&+e*9H98+- E'l k Meadows Subdiv jsion, Phase III FINAL +F€#-'n+Ba+y Drainage P'l an, Mr. Don Pettigrove, P.8., AUGUST 6. 1987'r}tttte-*gti7- ELK I4EAD!!{S SUEDrVISIoN. PHA J. 4. q EAGLE VALLEY ENGINEERING AND SURVEYING. MR. LELAND LECHNER. SURVEYOR PLAN. MR. LELAND J. LECHNER, SURVEYOR, EAGLE V ENGINEERING AND o. SURVEYING. FEBRUARY 23. 1987 7.-Environnental Impact Report submitted by Inc.,-4{a511--1997-AUGUST 5, 1987 whjch Mr. Peter Jamar, Associates' includes Design Guidelines ANO Rockfall Mitigation Requirements. -and a prelirninar* stility plan' The fsl]ewing 'letters are alse Bartr of Ehe-+l$- a. glc-Uea^do$rs-S+rb4i.+i+isr June 15, 1987 re: Elk Meadows Subdivision; Rqekfal'l c. L , d.t 8. Other general submittal documents that define the development standards of the Special Development District. The development plan sha'l I adhere to the following: 1. Acreage: The total acreage of the site is**'6-3.619 acres 2. Permitted Uses: The permitted uses for the site are proposed to be: a. Single family residential dwellings b- T+ve-family residential dwelIings b. Open space c. Public and private roads 3. Conditional Uses: a. Public utility and public service uses b. Public buildings, grounds and facjlities c. Public or private schools d. Pub'l i c park and recreati on fac i 'l i ti es e. Ski lifts and tows t. Private clubs s. Dog kennel Accessory Uses: a. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customariy incidental to sing'l e-family or two-fami-1y residential b. B. 4. uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18. 58.190 c. other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof d. Horse grazing, subiect to the issuance of a horse grazing permit jn accordance with the provisjons of Chapter 18'58' 5. Parcel Acreages and Uses a. Building Enve)oPes 1. +7 .0647 acres, 'l s'i ngle fami'ly unit 2. "€+ .0617 acres, 1 single fami'ly unit 3. *G.0534 acres, 1 single family unit 4. .4+ .0483 acres, 'l si ngl e fami 1y uni t 5. --te .0929 acres, l-+*pl+tt-ttt++t 1 SINGLE FAMILY UNIT 6. .€& .0641 acres, l@it 'l SINGLE FAMILY UNIT 7. r05.0498 acres' I single family unit b. Tract 'l : L4{rL !!!! acres open space AND DRAINAGE EASEMENT c. Tract 2: .ffi7 .6927 acres private access road and parking 6. Ietbacks - Minimum setbacks for the location of structures in relation to building envelope permimeter'l ines shall be as follows: a. No structure shalll be located on the utility easement as so designated on the final plat of the subdivjsion b. No structure shall be'l ocated less than two feet from either the east or the west perimeter ljne. c. No structure shall be located less than three feet from the north perimeter I ine. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are tota'l 'ly within the perimeter'l ines of the building envelope. 1. Density: Approval of this development p'lan sha11 permit ni++-t$ SEVEN (Z-I dwe lIingl units whieh''in€}ude€-5 single fami1y dwelling units.ar##ex firi+s. A bujlding situated on a single unjt resjdential building envelope shall not contajn more than fr71 ?,285 square feet of GRFA. W ffi ennalepe-shalFnoe-eent*i@ 4'Rfit. ,.' B. guildinq Heiqh? Buiidins hejght shall NOT EXc|} 33 feet'for a sl oPing roof. 9. Parking: Two parking spaces shall be provided per unit with one of the two being enclosed PLUS ONE GUEST PARKING SPACE IN THE COMMON PARKI]IG AREA. 10. Landscaping: The area of the sjte to be landscaped shall be as indicated on the preliminary landscape plan. A detailed'l andscape p'l an shall be subnitted to the Des'ign Review Eoard for their approval . The,Design Review Board approved final 'landscape plan shall represent the general subdivision's )andscape regujreoents,' The entire portion of the building enve'l ope not covered by pavernent or buildings shal'l be landscaped as wel'l as any areas outside the building envelope djsturbed during construction. 11. Oesign Gu'i de] ines: The Design Guidelines shall be submitted to the Design Review Board for their approval . The ORB final design guictelines shall represent the approved design guidelines, Design guidelines for the site are as fojlows: a. Roof pitch shall be,EETWEEN 4 feet in 12 feet AND 6 FEET IN tZ FEET. b. Roof material shali u" t{EilL sTANDING sEAM oR A METAL srAt"tpED cAIIFoRNIA TILE FORM and be "i,t., charcoal grey or DARK NAvy blue in co] or. c. Siding material shall be either cedar or redwood and shal'l be applied horizontally as indicated on the prototypical building elevat,ions. gnly light co1ored stain shall be applied to siding. d. E'i ther stucco or siding shall be applied to exposed concrete foundation wal ls. If stucco is utilized, it shall be light in cojor. e. All windows shall be white meta'l clad windows. f. All roofs shall have overhangs of at least I foot in order to protect wa] ls and wa)l openings from rajn and snow and to contrjbute to the bujlding's character. 12. Recreation Amenities Tax: The recreation amenities tax is g.30 per square foo t. 13. Protective Covenants: Prjor to major subdivision final plat approval , the developer shall fi)e pnotective covenants on the land records of Eagle County which w'i II provide that each owner that builds a structure on a designated building .: envelope shall comply with the design guidelines and rockfall mitigation . requirernents as outlined in the EIR by .larnar Assocjates +4alFlf- August 5, 19g7. Copies of the guideljnes and mitigat'i on requirements shall be avai'l able to prospective purchasers at the Community Development 0ffice and Developer,s office a The covenants shall also state that an orlner may choose to have another qual ified engineer,/geologist design appropri ate rockfall mitigation measures, as long as the mitigation solution does not have negative visual impacts and is approved by the Town of Vail Community Development 0epartment and Town Engineer. The covenants shall also provide in regard to the covenant dealing rrrith design guidelines and rockfalI mitigation that the Town of Vail shall have the right to enforce the covenant and that the covenant may not be amended or deleted without Town of Vaii approval. The protective covenants shall be approved by the fown of Vail Attorney, prior to major subdivision f.inai plat approval . Section 5. Amendmentg Amendrnents to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a reguiarly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development p'l an sha'l 1 be nequired to be approved by rown council after the above procedure has been followed. The Community Deve'l opment Department shalJ determine what constjtutes a change jn the substance of the deveiopment p1an. Section 6. Expiration The applicant must begin construction of the Special Development Distrjct within 1g months from the tjme of its fina] approval , and continue diligently tolard completion of the project. If the appiicant does not begin and diligently rvork toward the completion of the specia'l Development District or any stage of the special Development Distrjct wjthin the time limits .imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Oevelopment 0istrict. They shal'l recommend to the Torvn Council that eithen the approval of the special Development District be extended, that the approval of the Special 0evelopment 0istrict be revoked, or that the Specia'l Development 0istrict be amended. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason heid to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares jt 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 jnvaJid. \-, Section 8. The repeal or the repeal and reenactment of any provjsions of the Vail Municipal Code as provided in this ord'i nance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other act'ion 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.' INTROOUCEO, READ AND PASSEO ON FIRST READING THiS day of 1987, and a public hearing shall be held on this ordinance on the _day of ,7987 at 7:30 p.m. in the Council Chambers of the Vail Municipal 8ui'l ding, Vail, Colorado. 0rdered published in full this day of ,1987- Paul R. Johnston, Mayor ATTEST: Pame'la A. Erandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUELISHEO thi s day of , 7987. Paul R. Johnston, Mayor ATTESI: Pamela A. Brandmeyer, Town Clerk ORDINANCE N0.32 Series of 1987 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 19, SERIES OF 1987, TO PROVIDE FOR A REDUCTION OF THE NUMBER OF UN.ITS PERMITTED; ADJUSTING THE GROSS RESIDENTIAL FLOOR AREA PER UNIT; CHANGING CERTAIN t.lORDING RELATING TO HEIGHT LIMITATIONS ANO SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Deve'l oprnent Djstricts within the Town; and WHEREAS, the Town Council approved Ordinance No. 19, Series of 1987 establ ishing Speciai Development District No. 16; and WHEREAS, the Town Planning staff and P'lanning and Environmental Commission has recommended that certain minor changes be made in Special Oevelopment Djstrict No. 16; and WHEREAS, the Town Council considers that jt is reasonable, appropriate, and benefjcial to the Town and its citizens, inhabitants, and visjtors to repeal and reenact Ordinance No. 19, series of 1987 to provide for such changes in Special Development 0jstrict No. 16, E'l k Meadows. N0l,l, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL 0F THE TOI^,N 0F VAIL, COLORADO, THAT: Section l. Ordinance No. 19, Seri es of 1987, is hereby repealed and reenacted with amendments to read as follows: Section 1.Amendment Procedures Fulfilled, Planninq Commission Reoort. The approval procedures prescribed in Chapter 18.40 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 development plan for Special Developrnent District No. 16. Section 2. Spec'i al Development District No. 16. Special Development Djstrict No. 16 (SDD 16) and the development plan therefore, are hereby approved for the development of Phase III, The Valley, part of Parcel A, Lion's Ridge subdivjsion Filing No. 2, within the Town of vail consisting of 3.6 acres. o Section 3. Purpose Special Development Distrjct 16 js established to ensure comprehensive development and use of an area that wilI be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Council and meets all desjgn standards as set forth in Section 18.40 of the Municipal Code. As stated jn the staff memorandum dated June 8, 1987, there are significant aspects of Special Development Distri ct 16 which are djfficult to satisfy through the imposjtjon of the standards of the Residential Cluster zone distrjct. SDD 16 al'lows for greater flexibi1ity in the development of the land than would be possible under the current zoning of the property. In order to help preserve the natural land scenic features of this site, building envelopes will be established which designate the areas upon the site in whjch development will occur. The estab'l ishment of these building envelopes will also permit the phasing of the development to proceed according to each jndividual owner's ability to construct a residence. SDD16 provides an appropriate development plan that maintains the unique character of thjs site given the difficult site constraints which must be addressed in the overall design of the project. Section 4. Development Plan A. The development plan for SDD 16 is approved and shall constitute the plan for development within the special Development District. The development plan is comprised of those plans submitted by Lamar Capital Corporation and consists of the fol'l owing documents, which will be finaljzed at the nraior subdjvjsion final plat revi ew: y'1. Elk Meadows Subdivision Phase III, The Va1 1ey, final p1at, a resubdivision of part of Parcel A, Lionsridge Subdivision, Filing No. 2, Eagle Vailey Engineeri ng and Surveying, Mr. Leland Lechner, Surveyor, August 6, 1987. ( 2. Elk Meadows Subdivision Phase III: Fjnal ut'i lity plan, part of Parcel A, Lionsridge Subdjvision, Filing N0.2, Eagle Valley Engineering and Surveying, February 23, 1987- I t 3. Elk Meadows Subdivision Phase III Access Road Design Drawing, John MacKowen, Surveying and Engineerjng, Inc., June 5, 1987 / 4. Final Landscape Plan, Elk Meadows, Phase III, Mr. Dennis Anderson, Assocjates, August 6, 1987. t 5. Elk Meadows Subdivision, Phase III, Final Drainage plan, Mr. tbn Pettigrove, P.E., August 6, 1987. 16. Elk Meadows Subdivision, Phase III, final rockfall land slope analysis plan, Mr. Leland J. Lechner, Surveyor, Eagle Valley Engineering and Surveying, February 23, 1987. '!7. Envjronmental Impact Report submitted by Mr. Peter Jarnar, Associates, Inc., August 5, 1987, which includes Design Guidelines and Rockfall Mi tigation Requi rements. 8. 0ther general submittal documents that define the development standards of the Speciai Development District. B. The development plan shall adhere to the fol'l owing: 1. Acreage: The totai acreage of the site js 3.619 acres 2. Permjtted Uses: The permitted uses for the sjte are proposed to be: a. Single family residential dwellings b. 0pen space c. PubIjc and private roads 3. Conditional Uses: a. Public utility and public service uses b. Public buildings, grounds and facilities c. Publ i c or prj vate school s d. Public park and recreation facjlities e. Ski lifts and tows f. Private clubs S. Dog kennel 4. Accessory Uses: a. Private greenhouses, tool sheds , p)ayhouses, attached garages or carports, swimming pools, patios, or recreatjon faci lities customarily incidental to a single-fami1y use. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18. 58. 190 c. 0ther uses customarjly incidental and accessory to permitted or conditional uses, and necessary for the operation thereof subject to the issuance of the provisions of Chapter a. Building Envelopes 1. .0547 acres, I single family unit 2. .0617 acres, I single family unit 3. .0534 acres, I single family unit 4. .0483 acres, I single family unit 5. .0929 acres, 1 sing'le family unit 6. .0641 acres, I sing'le fanily unit 7. .0498 acres, I singie family unit b. Tract 'l : 2.49I acres open space and drainage easement .c. Tract 2: .6927 acres private access road and parking 6. Setbacks - Minimurn setbacks for the location of structures in relation to building envelope perimeter lines shall be as fol lows: a. No structure shall be located on the utility easement as so designated on the final plat of the subdivision. b. No structure shall be located less than two feet from either the east or the west perimeter ljne. c. No structure sha'l I be located less than three feet from the north perimeter I ine. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter lines of the bui'lding envelope. 7. Density: Approval of this development plan sha'l 'l permit seven (7) single family dwelling units. A building situated on a single unit residential building envelope shall not contain more than 2,285 square feet of GRFA. 8. Building Height. Building height sha1l not exceed 33 feet for a sloping roof. 9. Parking: Two parking spaces shall be provided per unit with one of the two being enclosed plus one guest parking space in the common parking area. 'tn d.Horse grazing, accordance with a horse grazing Permit 18. 58. 5. 10. Landscaping: The area of the site to be landscaped shall be as indicated on the preliminary landscape pian. A detajled'l andscape plan shall be submitted to the Design Review Board for their approval . The Design Review Eoard approved fjna1 landscape plan shal1 represent the general subdivision's landscape requirements. The entire portion of the building envelope not covered by pavement or buildings shall be landscaped as well as any areas outside the building envelope disturbed during construction. 11. Desisn Guidelilgs: The Design Guidelines shall be submitted to the Design Review Board for their approvai. The DRB final design guidelines shall represent the approved design guidelines. Oesign guidelines for the site are as follows: a. Roof pitch shal| be between 4 feet in 12 feet and 6 feet in 12 feet. b. Roof material shall be meta'l standing seam or a netal stamped Californja tile form and be either charcoal grey or dark navy blue in color. c. Siding material sha'l I be either cedar or redwood and shall be applied horjzontally as indicated on the prototypical buiiding elevations. Only light colored stain shall be applied to siding. d. E'ither stucco or s'iding shail be applied to exposed concrete foundation walls. If stucco is utilized, it shall be light in color. e. All windows shall be white netal clad windows. f. All roofs shall have overhangs of at least I foot in order to protect wails and wal'l openings from rain and snow and to contribute to the building's character. 12. Rgcreation Amenities Tax: The recreational amenities tax is $.30 per sguare foot. 13. Protective Covenants: Prior to major subdivision finai plat approval , the developer shall fjle protective covenants on the land records of Eagle County which wi'l 1 provide that each owner who builds a structure on a designated building envelope shall comply with the design guidelines and rockfall mitigation requjrements as outlined by the EIR by Jamar Associates August 5, 1987. Copies of the guidelines and mitigation requirements shal'l be avai'l able to prospective purchasers at the Conrmun'ity Oevelopment office and Deve'l oper's office. The covenants shal1 a'lso state that an owner may choose to have another qualified engineer,/geologist design appropriate rockfa'l I nitigation neasures, as long as the mitigation solution does not have negative visual impacts and is approved by the Town of Vail Community Development Department and Town Engineer. fhe covenants shall also provide in regard to the covenant dealing with design guidelines and rockfall mitigation, that the Town of Vail shall have the right to enforce the covenant and that the covenant may not be amended or deleted rithout Town of Vai'l approval . The protective covenants shall be approved by the Town of VaiI attorney, prior to major subdivision final plat approval . Section 5. Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental commission at a regularly scheduled public hearing in accordance with the provis'i ons of Section 18.66.060. Amendments which do change the substance of the development plan sha'l I be required to be approved by Town Council after the above procedure has been followed. .The Community Deve'l opment Department shal'l determine what constitutes a change in the substance of the development p'lan. Section 6. Expi ration The applicant must begin construction of the Special Development 0istrict within 18 months from the time of its final approval , and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the compietion of the Special Development District or any stage of the Special Development within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development Distrjct. They shalI recommend t the Town Council that either the approval of tne Special Development Distri ct be extended, that the approval of the Special Development Distrjct be revoked, or that the Specia) Development Djstrict be amended. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision sha'l 'l not affect the va] idity of the remaining portions of this ordjnance; and the Town Council hereby declares it would have passed this ordinance, and each part, sectjon, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The'repeal or the repeal and re-enactment of any provisions of the vail Itlunicipal Code as provided in this ordinance shall not affect any right which has f accrued' any duty imposed, any violatjon that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as cmrenced under or by virtue of the provision repealed or repealed and reenacted. fhe repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless express'ly stated herein. INTROOUCEO, READ ANO PASSEO ON FIRST REAOING 1987, and a public hearjng shall be held on September, 1987 at 7:30 p.m. jn the Council Building, Vail, Colorado. Ordered published jn fu'll thjs lst dav o THIS lst this ordinance Chambers of the Septenter lst dey of day of on the Vai 1 INTRODUCED, BEAD onl y l' Mun i ci pal Y€f'orin C APPROVED ON SECOND READING AND ORDERED PUELISHEO by tit]C 15th day of , 1987. AND th'i s B randmeye r, o o ffiffi-u-d *qff 1. Subdivider plat (the "Plat") of RECITALS has subuitted to Town for approv3'l a final ;I; M;;e;".-s"uai"ision ( Eh?r' "subdivision") 2. The PIat is acceptable to Town provided that Subdivider and Town enter i"io-" Subdivfsiott-itptotte'hents Agreement wherein IiiU Oi"ili"i--sttaf f -iit""- t"a- guirantee thaE cer-tain improvements rilf-U"-ao.," io th; SubdiviEion, the te''ns of which agreement have not Yet been agreed to. 3. There presently exists in the Subdivision a graded but unpaved road (the "Roadt'). 4. Town desires to assure itself that certain reveg-etation adiacent to the Road occur" r"g*rdi"ss of whether or not the Plat is-placed of record. 5. Town desires to assure itself that itl^lhe event the pLat is nor placJE-ii-rJ"oia !y seprenber L, 1989, that certain r".r"g"t"tion'of the Road itself occurs ' AGRXEMENT In consideration of the recitals and the mutual covenants contained. hereinaii"i, ttre Parties hereto hereby agree as foll-ows: 1. Subject to and conditioned upon.Tgg-Tg Subdivider entering into a SuUaivi"ion Improv"t"tt"- Agreement for the subdivis ioo rot,,.ii;-;;;i;iacibry' i"-i-"ttt Farties, Town herebv approves the PIaL. 2. Subdivider agrees to compLe!9r a! its sole cost and expense, on or b;I;;.-E;iiltuit-i5',-lggi r. in a-q?od and il,iiii""iit. t"",,"t, the xevegetaci6n of ihe areas in the subdivision aa5acli.rt-io itre [oaa r"a it"t were.-disturbed by eonstruet,ion of ii"-n".Al---Suctt t"lr"e"tation ("Work I") shall consist of grading-oi-r"i"cing coosoit ana seeding (wiLhout straw or similar "o.r"=)o*iit-i"ail"io.ts' species of grasses' 3. To secure and guarancee Subdivider's performance of Work 1, Subdivider agrees to prot'ii!-""i"iiiy tb Tovrn in the form of a cash escrolt ln Ehe amount ot-51,500'OO to be held by Town' rn the event work- 1 ls perforroed. on or before september 15, LggT ,the S2,500.00 shatl. irdJi;;;i;"be rerurned by Tbwn co Subdivider. rr work I i;-;;;-i";i";;;-;i"s.i."iuer 15 , rs'7,Town shall give.written-io'ii""'Io-i;t;i"ie";-Ir-",r"t evenr,stating in detail the speciii" i"rr" of woik r-.rot performed.AtEer receipt of such notice, siUai"iJ"r"rt.fi illr. .r, addirional 30 days ro Loroplete trrtork i-.ia-t."e reEurned the g2,500.00 hetd by Town. rf sirraiviaei--r"il"*ro co*prete hrork 1 in such addirionar 30 days, Town "trrrr-i"mprLie-wr;k-i iittr suctr parr of the $2,500.00 escror.r- as is ,r""a.a, yltlr the balance of such funds being returned r?^!u!givia"rl-Jrri,- Sz, jooloo-J"lrored funds shall be used bv Town for no purposes-btn"r'th;-;";;I!rior, of work 1.Subdividei: shall !r*y. lb obtigario' wirh respelt to l^Iork 1 in excess of the $2,500.00 escrofi"J r""a"--' -yerevL 4. If the plat is not recorded in the real propercy records of Eaele counry, c;io;;d;, on or befoie-ieprember 1,1989, Subdivider agrees to complete, at its sole cost and expense, on or before. Septembei rs, 'rgag, *in-I-iooa a'a workmantike manner-, lle i";;;;;"ii6n-oi-ir,""nJ.E]' such revegetarion ("work 2") shali con_sisr "r-i'i"iiii of exiscing topsoil and seeding (witho"i-"ii., or similar cover) with indigenous species"ri d;;;;"1 --- 5. To secure and guarantee. Subdivider,s performance of work 2, subdivider ag_reei ro proviae-;;;;;i;y".I=io*r, in rhe form of a cash escrow _i" Er,"-.r;"I-;i-Ft,00d:00"'ro'i"'herd by Town.rn the evenr the plar i"-t.".taJi o.r'or ueioie iipremuer r, 19g9,the 93,000.00 shatl ir*.ai.i"it-;"-;";;r;;e-;; iJi"" ,o subdivider. rn rhe evenr Ehar'.n" Frit-r;;;i ir"r""ord"d and work 2 is nor oerforPed uv-d"i.J;b.;-i5,-igiii; i;"" shall give wrirren norice ro _s_ubdivie";-;i:uch even!, sraring in derail rhe specific parrs of work_ z ;;t, tlrior*"a. aitei-ilceipr of such notice' subdivider shalr rt"""'""-.daiiional-;0 a;;" ro comprete work 2 and have rerurned-irr" SIloo0.00-;;i; ;; il*". rf subdivider rails to _c_ornplet; ri;;i-i'i; ;;;; Iiailior"r 30 davs.Town shall compleEe Wori Z-riit-"""f, parr of rhe 93,000.00 elcrow as is needed' i'ittr^trte-uaran;;"oi such funds being returned to subdivider. rhe 93, 000.00-;;;';;"e-;;";;";;.ii-il8,,,""a by rown for.no- purposes otfr6r ih; ;;;iltio' of work 2. subdivider shall have-no furrher ourig"iiSi-wirh respecr to vJork z in excess of the $3,000.00 escrowea Funasl ' 6. Town agrees that Subdivider, at Subdivider,s sole 9i::.::l:l_,_ nay it.any rine substit..,,t6 i;r-;i;;;i or uorh of rhe cash escrows suppried-hereunder an uncondit.ional anir i;;;";;";i;letter or letteii-or cieJit i;;*-; rinancial-ir,"rlt'tior,. upon deliverv of such Je!!er oi-r"ii"r". .i.;;;di;,-trh;-;;Jfr"il"i,r!"""subsrirured for sharr irr"ai"i"ii"u".rJiir""i iy=rown ro Subdivider. /ndr.^rn\. W -) r q l- ttoMorCar uilo.ni".n of 0o^o$q,D, fondtl*o v-t ,.\ IN WITNESS ""Urygl^:hip_Agreernenr is execured effecrive as the date first vtTrt-Ecen above. LAI,IAR CAPITAL CORPOMTION, A New Jersey corporation BY: Vtce President OF VAIL, COLORADO ! lnwn () /,, ) otfho ot communlty deudopmcnt 75 3orit frodago rcad vail, colofado 81657 (3O3) {76-7000 August 25, L9g7 Mr. Mike l-,auterbach P.O. Box 345L Vail, Colorado 81658 Re: Elk lteadows subdivision Road & pre-subdivision Agreement Dear Mike: on Jury 20, L987, a meeting was held at the Erk Meadows Road with you, Jerry Bestr, Gary Murrain, and nyself. We had agreed that you wggrd provide the town of vail wittr an enginetri;----report on tbe cornpaction for the road. At this tiie, we have not received anv infornation on the conpaction. The Town staff will also need i survey showinj the existing road arignment and its rerationship to the Elk Meidows subdivi6ion noaa. At the srEe vls1t, r-t became clear that the road does not natch exactly the road described on the Eagle County perrnit. rn order for the Town of Vail to take over the building pennit for the road, we must reguire that you subrnit: 1. The Engineerrs report on the compaction of the road 2- A sufvgy.of the_existing road anh its reliti-nship to the subdivision road. until we receive this information, the road will stilt be under the county pernit. once we have received this inforrnation, it-Town wi-ll be able to deterrnine if it is r""""t.ui" to tuk" o.r",the building pennit. secondly, r have reviewed the pre-subd.ivision rmprovements Agreement. r nould rike a signed bid frorn tn" c'"ntractor who gave you the estimate for the revegetation work. r would also like to_know why ,straw or similar coverr is not inctuded with the seed- usually the straw is incruded to prote-t the seed.' Larry Eskwith also.has a-copy of the aagreenent. If any chanEes in the wording of ttri document ire necessary, r wir ret you know. Thanks for providing this agreenent. ff you have any questions, please feel free to call ne. Sinqerely, . ''d':fo^ 3t Towrt Pl.anner cc: Peter Patten Gary lturrain Jerry Best 5 \ lc L.,,,.,- \\i''L-" - Planning and Environmental Commission August 24, L987 PRESENT STAFF PRESENT J.J. ColLins Diana Donovan Peggy osterfoss sid schultz Jim Viele Peter Patten Tom Braun Kristan Pritz Rick Pylman Betsy Rosolack The meeting was called to order by the chairman, Jim Viele. l-. Approval of rninutes of July 27. J.J. Collins moved and Pegg"y Osterfoss seconded to approve the minutes. ?he vote was 5-O in favor. 2. This item was discussed after item 3. 3. A rgquest.for a conditional use permit to establish an ffitown erill Kristan Pritz explained the request and reviewed the criteria and findings for a conditional use pernit. The staff recommendation was for approval with three conditj-ons. Joel Fritz, the applicant, stated that with respect to snow renoval,the area would probably be used in spring, rather than in winter, but the barrier is rnoveable. He felt that he wouId.rather deal- with the snow removal hirnself. Kristan felt there should be an agreement. in writing concerning snow removal . Diana felt Condition #I was irnportant concerning putling the patio back to allow for a L5 foot access way. JoeI mentioned that the southwest corner was often moved for special events in the area. He would try to put it back to allow for a L5 foot space. J.J. Collins moved and Diana Donovan seconded to approve the request for the conditional use perrnit per the staff memo dated August 24, L987 including the three conditions of approval . 1-. The southwest corner of the dining patio will be pulled back to allow for a L5 foot access way from the ed.ge of the patio to the curb of the Lionshead Arcade. 2. The applicants will nake the necessary changes to the snow removal agreement with the Town of VaiI to allow for the patio in the winter tirne. Any changes to the snow removal agreement must be approved by the Lionshead Arcade property owner as well as the Vail 2l-2 owner. I 3. rn the event that utility work is required in the area of ttre patio, the applicants agree to a}Iow for the construction. At this time, however, staff is unaware of any utility easernents in the plaza area (according to Lionshead lst Filing subdivision and r,ionshead Mal-1 Base Map check). The vote r{ras 5-0 in favor. final plat review and a variance to thrr for Elk Meadows 2. Subdivision Applicant: Lamar Capital Corporation Kristan Pritz exprained the.reguest and listed. changes on the memo for the final plat review. The five conditions of approval were discussed. The staff recommendation was for approvar of the major subdivision. Kristan ttren l_isted. changes in the reguested arnendment. she showed site plans regarding the variance req[uest and reviewed the variancl criteria. sfaff recommended approval and felt that speciar circumstances warranted approval of the request. The width of the road and the road right-of-way were d.iscussed..Peter exprained that in this small siie, the w-iaur needed was actually less than that provided because it lras a private i"ia.;r.J- wondered about the issue of the road being extended to subsequent phases. peter replied that if this-were to becone a public road, the issue courd be dealt with at that tirne. Diana Donovan moved anil sid seconded to approve the request for a variance to the road with the staf f nem-o- with the f iriaing or special circumstances. The vote was 6-0 in favor. Diana moved and sid seconded. to recornnend. to Town council approval of the requested arnendment with the change of word.ing shall rrnot exceed" in the height section ,t.J. stated that he sti11 had many of the same concerns tre had before concerning mitigation, conflicting letters in the ErR, Town liability, etc. peter said that tie retters most recently received nade the staff feel much nore comfortable with the mitigation sorution. He added that two rna:_n points were that rnitigation measures are for buildings, not lind., and that Nick Lampiris stated that it was highly rinusual to have nitigation on LOO? of a subdivision. Larry Eskwith stated that at first it was his desire to have the whole subdivision__mitigated, but that it was really a balancing guestion. He added that in reality the georigic hazard "-r .t less than shown or tn" fr. More d.iscussion with J.J. on this issue followed. Kristan read a letter fron lampiris which stated that in his opinion this was not a high se-verity rock fall area. J.J. stated that now each person could find an engineer who would require less mitigation. Larry stated that to tell a developer he could not build on his land could result in a law suit. He felt the Town had looked at both sides and had come to a solution they felt comfortable with. J.iI. still feLt tiSL/49 on the uncornfortable side.,f The vote was 4-1 in favor, rrith J.J. voting against because of his concern about the safety issue with reipeit to rock fall. Diana rnoved and Peggy seconded to approve the major subdivision. The vote was 4-L against for the same reason above. the final review of with J.J. voting 4. A r-egyest to ?meng SDD #5 (VaiL Villaqe fnn) to add nore rgtail Fpace !o phase rv and to@ circulation plan, ffistaufer Tom Braun explained the reguest and showed site plans and elevations. There were three requests, to delete a portion of the sidewalk, to add retail space and to expand. a palio area which would result in a decrease of green space. The staff recommendation was for denial except for the patio area with the condition that there be assurance of adeguate space left for pedestrians. Discussion about the patio followed. Diana felt it would. not be inviting to walk through tab'les. peter agreed. and. suggested that there be some type of physical separation to denote-public walkway. Saundra Smith, architect for the applicant, discussed the sidewalk situation and stated that the plan was to bury the gravel ditch and put the sidewalk in later. As for the dining patio, saundra stated that it was not known who the tenants would be, but the owner would like to see a dining patio allowed, and a pedestrian path would still remain. saundra pointed out that the entry to the praza was four feet wider than originally proposed, aird thus it woutd only be reduced three feet in width from the original plan. Diana felt the arcade added to the architectural element by its shadows and was important to the appearance of the buildin!. She felt the sid.ewalk needed to be done now. $Iith respect to the patio, Diana stated that she was specifically told that the trees wouLd stay, but now she had seen some trees removed. She courd not see taking any more landscaping from the corner for a dining patio. sid agreed that the sidewalk was important and was needed now.With regard to the arcade, he felt it was irnportant to keep the arcade to get people back to other phases of the Wf, plus it offered shelter at the bus stop. Concerning the patj.o, he had no problem with it if there would remain a real leparation for the pedestrians. Peggy felt somewhat favorable to enclosing the arcade, as she felt people did not see retail windows ttrat were 7 feet back from a pedestrian !,/ay. She felt the sidewalk should not be postponed. she felt the corner lrhere the patio wourd be was a real1y important corner and it should remain a very public area so anyone could sit at the tables. Peter agreed with Diana and peggy regard,ing the use of the patio. He felt it would be difficult to regulate the use on private property, Diana felt this could. be a restriction of the SDD. Tom suggested a pedestrian access through the patio.Diana felt people would not use a 5r width through a priirate patio. Sandra stated that she would like peopLe to wllk next to the building. Peggy felt that ]-or - t2r in width was necessary for the pedestrian way. J.J. felt the arcade should remain. that there should be intense landscaping at the corner and a traffic pattern should be worked out to draw people in, rather than turn thern away. Saundra asked to table the arcade issue. Tom added the fact that the reguest included a loft addition of 3l-5 square feet that the staff had no problem with. J-J- rnoved and Diana seconded to deny the request to delete the 65r of sidewalk. The vote for denial was 4-O-1 wi-th Viele abstaining. Diana moved and Peggy seconded to approve the addition of the loft area. The vote was 4-0-l_ for approval with Viele abstaining. Diana noved and Peggy seconded to table the arcade and patio issues. Peter stated that direction was needed from the prc re size and location of the sidewalk. J.J. felt the applicant must come back with a specific design. peggy fel_t it was inportant that there be an adequate berrn ana-that the corner look well landscaped. The vote was 4-o-r- in favor of tabring with viele abstaining. 5.A reqlest for an exterior alteration and a conditional use ps)r$l_r. to arl_sry for agdj_tj.ons to the plaza Lodge.Applicants: Plaza LoQge Associates, Mr. and Mrs. Oscar Tang. Tom Braun explained the changes requested and reviewed the criteria for exterior alterations and for conditional uses and stated that the staff recorrmended approval of both. The conditional use was for rernoval of ln acconmodation unit on the second froor. Tom added that the applicant would restrict 7 units to the existing use restrictions outlined in section L'7.26.075 (condo conversion regulations). These units are specified on plans filed with the Department of Community Development. craig snowdon, representing the appricant, showed el-evations and.a_n9-del and pointed out the exterior changes. Jay peterson stated that the building could have been totaily condominiurnized, but the owner wished to renovale, but still operate as a lodge. Bill Anderson of Beck and Associates explained the construction schedule. Peggy felt the changes were positive, but had concerns about the gas meters not being screened and the d-ownspout needing to be moved further back. craig respond.ed that they would screen the meters and move the d.ownspout, More discussion followed. Diana felt that it was a good idea to clean the windows even during the construction. niff agreed. iI .;r. moved and Diana seconded to approve the exterior alteration and the conditional use ieguest re the staff memos dated Augarst 24 with the stipulation €nat the windows be cleaned by Novernber 2L and the gas rneters be screened and the downspout be moved. The vote wAs 5-0 in favor. t TO: FROM: DATE: SUBJECT: Planning and Environmental Cornmission Community Developrnent Department August 24, L987 Reguest for a variance to the reguired way width for a minor/private road.Applicant: Lamar Capital Corporation r.DESCRIPTION OF VARIANCE REQUESTED The applicant right-of-way feet. si$$ 40 foot right-of- required which is 40 rivate street is de ed as rrthose carry fewer vehicles than loca1 through traffic.lr (Section is distinguished from a d.riveway private access for one or two The subdivision has been designed to provid.e the reguired paved width which is 22 feet for accels into the sub-divi=ion. rl.{ te^40. foot =gh!-of-way width requirement is not met along a 'l)'* foot length of the road in the southwest corner of the subdivision. The phase rrr parcer is ippioxinatery zs reet in widtt' i. thfE-E&l- II. CRITERIA AND FINDINGS Upon review of Criteria and Findings,the rnunicipal code, the Department of reconmends approval of the reguested following factors: Consideration of Factors: is reguestinq a variance width for a rninor/private from the roadway used pr right-of-way.or streets -scfe-6f3-I-lley do not carry L7.28.32O) A minor street in that a driveway provides dwelling units. Section LA.62.060 of Community Development variance based upon the The relalio{rship of !he. requested variance to other existing or potential uses and str The this o. easement and the south. an adequate the property buffer area line and the negative impacts frorn uffer of . rt is felt between the road adjacent property to staff finds variance on that there adjacent will be no propert j-es. rl I e roadway easemen t treatnent amongl sites in the vicinffihe obiectives o e without qrant of special prr-vJ-1ege. Staffrs opinion is that some relief from the 4p_foot irement is of the parcel safety. The roadway has been safe access into the turn-around areas for to meet Town of Vail has also recommended Such other factors and criteria as the cornrnission deems d qeoloqicallv sensitive areas. A najority of the- road-can meet the 40 foot right-of-way width. The only area that is too constrained to a1low for this right-of-way- is in the southwest corner of the property. The portion oi the road that does not rneet the 40 foot right-of-way reguirernent is approximately 70 feet in length. Staff believes that some r-erier tloT tne strl agreement is warranted due to these constraints- ....-- TTe, ef.fegt of lhe r ht and air,4islribytion of population, transportation Ena-TiaffIE facilit c The deqree to which relief from the strict and literal int"rpr"t.tion "{td "nf o.t i=necessary to aclrieve compatibility and uniforlnitv of applicable to the proposed variance. III. FINDINGS The Planning and Environmental Commission shall make the followinq findinqs That the granting of the variance wirl not constitute a grant of special privilegie inconsistent with the lirnitation= oi other properties classified in the same district. That the granting of the variance will not be detrimental to the pubric health, safety or welfare, or materialry injurious to properties or irnprovements in the vicinity. That the variance is warranted for one or more of the following reasons: l The strict or literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IV. STAFF RECOMMENDATION Staff recornmends approvaL of the reguest based on the opinion that there are special circumstances which warrant the approval of the variance. O ,,&oi( lh( PRE-SUBDIVISION IMPROVM,IENTS AGREEMENT THIS AGREEMENT dated August 24, 1987, is enrered into between I,AMAR CAPITAL CORPORATION, a New Jersey corporation ("Subdivider"), and the TOWN 0F VAIL, COLOMDO- ("Toi,irn"). 1. Subdivider has submitted to Town for approval a finaL pLat (the "Plat") of Elk Meadows Subdivision (the "Subdivision"). Z. The Plaf is acceptable co Town provided that Subdivider and Town enter into a Subdivision Improvements Agreement wherein Subdivider shal1 agree ald guarantee that certain inprovements will be done in the Subdivision, the terms of which bgreement have not yet been agreed to. 3.. There presently exists in the Subdivislon a graded but unpaved road (the "Road"). 4. Tom desires to assure itself that certain revegetation adjacent to the Road occurs regardless of whether or not the Plat i3 placed of record. 5. Town desires to assure itself thaE in the event the Plat. is not placed of record by September 1, 1989, EhaE certain regrading and revegetation of the Road itself occurs. RECITALS AGREEMENT In consideration of fhe recitals and the mutual covenants contained hereinafter, the parties hereto hereby agree as follows: 1. Subject to and conditioned upon Town and Subdivider entering into a Subdivision Improveuents Agreement for the Subdivision mutuall$ satisfactory to both parties, Town hereby approves the Plat. 2. Subdivider agrees ro complete, at its sole cosu and expense, on or before September 15, 1987, in a good and workmanlike manner, the ievegetation of the areis in the Subdivision adjacent to the Road sEt thaL were disturbed by construction of the Road. Such revegetation ("Work 1") shall consist of grading of existing topsoil and seeding (with straw or similar cover) with indigenous species of grasses. 3. To secure and guarantee Subdivider's performance of Work 1, Subdivider agrees to provi-de security to Town in the form of a cash escrow in ihe amount of $2,500.00 to be held by Town. In the event Work 1 is performed on or before Septernber 15, L987 ,the $2,500.00 shall iurnediately be returned by Town to Subdivider. If Work 1 is not performed by Septerrber 15, L987 'Town sha1l give written notice to Subdivider of such event, stating in detail the specific parts of Work 1 not perforured. -After ieceipt of such n6tice, Subdivider shall have an additional 30 days to tomplete Work 1 and have returned the $2,500-.00 held by Town. If Subdivider fails to complete Work 1 in such additional 30 days, Town shall complete Work 1 with such parq o! the $2,500.00 eslrirw as is needed,-with the balance of such funds being returned to Subdivider. The $2,500.00 escrowed funds shall be uJed by Town for no purposes other than completion of Work 1. Notwithstbnding anything contained in this Agreement to the contrary, Subdivider sha1l have no obligation with resPect to Work 1 in excess of the $2,500.00 escrowed funds. 4. If the Plat is not recorded in the real ProPerty records of Eagle County, Colorado, on or before September l, L989, Subdivider agrees to complete' at i-ts sole cost and expense, on or before SepEember 15, 1989, in a good and workmanlike manner, the regrading and revegetation of the Road. Such regrading,and revegetation ("Idork 2") shall consist. of grading of existing topsoil to approximate Pre-existing _topography and seeding (with straw or similar cover) with indigenous species. of grasses. 5. To secure and guarantee Subdivider's performance of Work 2, Subdivider agrees to provide security to Town in the form of a cish escro'lr tn Ehe amount of $3,000.00 to be held by Town.In the event the Plat is recorded on or before September 1, 1989 'ttre $3,000.00 sha'll irnnediately be returned by Town to Subdivider. In the event that the Plat is not so recorded and Work 2 is not performed by September 15, 1989, Town sha1l giye written notice- to Subdivider of such event, staEing in detail the specific parts of Work 2 not performed. After receipt of such norice, Subdivider shall have an additional 30 days to complete Work 2 and have returned the $3,000.00 held by Town. Lf Subdivider fails to compleEe Work 2 in such additional-30-days' Town shall complete WorL 2 wiEh such parL of the $3,000.00-escrow as is needed, wittr ttre balance of such funds being returned to Subdivider. The $3,000.00 escrowed funds shall be used by Town for no purposes other than completion of Work 2. Notwithstal{ing anything contained in this Agreement to the contrary, Subdivider strltt have no obligacion with respect to Work 2 in excess of the $3,000.00 escrowed funds. 6. Tom agrees that Subdivider, at Subdivider's sole discretion, may at any time substitute for either or both of the cash escrows supplied hereunder an unconditional and irrevocable letter or letters of credit from a financial institution. Upon delivery of such letter or letters of credit, the cash being substituted for shall incrediately be returned by Town to Subdivider. ,/\ \7.) Prior to the compleEion and acceptance of any work perfo-?ffed by Subdivider hereunder, Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss, or damage happening or occurring to the work specified in this Agreement that is performed by Subdivider, nor shall Town, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shal1 be and are hereby assumed by Subdivider. Subdivider hereby agrees to indeurrify and hold harmless Town, and any of its officers, agents and employees against any losses, claims, damages, or liabilities to which the Town or any of its officers, agents or employees may become subject, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any work performed by Subdivider hereunder; and Subdivider shal1 reimburse Town for any and all legal or other expenses reasonably incurred by Town in connection with investigating or defending any such 1oss, claim, damage,liability or action. This indeurrity provision shall be in addition to any other liability which Subdivider may have. .tl \dA7\ , / 8. There shall be a one-year correction period from the -...,YlCv time of completion of the work referred to in this Agreement, U[(I{)g during which tine Subdivider shall promptly correct or remove and \" replace, in accordance with the Town's written instructions deiective work or materials and conseguences thereof. nepair or , ,,,&replacement made under the one-year correction period shail bear$pff,bt an additional one-year correction period from tfre acceptance of ^5ttr;fopd the repair or replacement by the Town Engineerff Such work shall etl ,'rtu Ene rePar-r or replacemenE Dy Ene rown l-n8]-neer;c Ducn worK snall Q,,,tM be inspected approximately 60 days prior to the expiration of the W I one year correction period, and any deficiencies shall be noted #3,4tcr-ro subdivider. 4EI&,^, 9. Subdivider shall, aE all times during the work ;;riry[, specified hereunder give good and adequate warning to the 4* itlilin(traveling public of each and every dangerous condition existing 0(ca'_uU in the Road, and will protect the traveling public from such bll'* t0,. ,"..rtr.'' i\ ii::I*i:,f"mr:tm':;;:ii':il: ;,i;-fril:l*ij:::g-Iila'Ii'""a :,W#41 t/';u,, performed, the Road, if not accepted as improved, shall be under (Wi ,t ^[1Vr/'1 the charge of Subdivider for the purpose of this Agreement. AVt:*.HAnrr,$'U zu'roD\n Tol',"tr4 IN WITNESS WHEREOF this Agreement is executed effective as of the date first written above. LAMAR CAPITAL CORPORATION, A New Jersey corporation BY: Vice President TowN oF VAIL, COLORADO BY: Town Manager ol To secure and guaranCee pef f orrnance of its obligat,ions as set forth her e in, the Subdivider ag r ees Eo provide secur i by and coll,at,eral in the Eorn of a pronissory note i.n the anounl of, six irundr€d fitteen tbousand Blxt,y-flve dollars (96I5.065.00) secured by a First Deed of Trust evldencing a first fien on Lot 36r The HomesEeadr Fi11ng..No. 3, accordlng': to the recordea iinat plat thereof. 3. Substitutlon of CoJ. l.aterel. The Subdivider may at any time subsCitut€ Eh€ collaEeral orlglnally deposited vri.th !he County herein, for atrother torrB of collateral acc.eptable to the County to guarantee bhe falthful conpletion of, those publlc improvenents referEed !o lrerein and the perfornance of the bertns' of this Agreenent. bd,%?Jrrdenni Ey. the shal. l not, nor ' shall any -of f lcer or employee Ehereof , be liable or responsible f,or any 74t'fr ggr*ty accldent, loss, or damage happening or occurring Co bhe $orl( speclf,led 1n t'his lg6qsment, pEior to t'he _conpletion and TZQrA acceptance of lhe saine, nor ahall the CfiIFtf, nor any officer or enployee thereof, be liable f,or any gersons or property injureo by reason of, lhe nature of sald wotrk, buL aII of said liabilitiee shall be and are hereby assumed by the SuDdlvider. The Subdivider hereby ag!ees to indemo!fy and hold l/'n harnless the Cr'trtrgl'., and any of its offlcers, agenes and enployees agalnst, any Iosses, claims, dlurages, or liaoilit,ies t,o r,rhich Che County o! any of its officers, agents or employees nay become subject,, insofar as any such losses, claims, damages or J,iabilities (or actions in respect thereof , Eha ! arise out of or or are.based upon any perfornance by the Subdividet hereunder; and the subdivider shall reinburse t,he county for any ancl alI Iegal or other expenses reasonably incqrred by .th e County in connection vlt,h investigating or defending any sucn Ioss, cIaim, -6- a danage, liability in addition r,o any have. or action. This indenniEy provision shall be other liabtlit.y whi.ch che SubdivideE nay 5. Enforcement. It is nubualty. agreedl pursuant !o the provisions of, SecCion 30-28-137( 3) r C.R,s., !ha! the Coun!y or any purchase.r 9f,.any. I-ot, Lots, tract or tracCs of Iand subject to a pr'at, rest,rlcLion which -is the seicurtE,y portion of, a subdivision inprovenents agreetaent shir,r have the authorlty to bring an actio:r in auy itlstrrct court, to comper the enEorcement ot any subdlvislon inprovenenUs agr€;nent. on the .sale, conveyance or transfer of any such _lot, Iots, t,ract or E,racts land or of, any other provieron of, that acatute. such authori shall include E,he right to compel rescission of any sale, conveyance or transfeE of any Ioc, lots, Eract or !ract8 0f lan(t cont!ary to !he provisions of any such restrictione seL forth in the plat or ln any Eeparate recorded ins!runentr but any such action shall De cotnnenced prior co the issuance of a buildtng pernit by the County where so reguired. 6. Rel.ease of CollaEeral _lication. It is further mutualry agreed !hat, pursuant bo r,he provi.sions of, section 30-28-137 (21, C.R.S., as inprovemerE.s are compleEed, tlre Subdivider may apply to the Coutrty !or a re.lease o.f part or a.Ll of, the collateral. Upon inspecLion and approval, lhe County shalr rerease said coJ'laterar. rf the county deEernines Eha t any of the irnprovenents are not constructed in subst.antiar conpliance lri!h speciflcations, it shalr furnisb the subdiviarer a Iist of specittc deficieocies and shall be entitled to withhold corlaEerar suff,icienc t,o ensuEe.such substanElal conpliance. rf the county deEernines thau the subdivider wilr not consgrust any or arr, of t,he inprovement,s in accordance uiEh al. l. of, t.he speclfications, the county may withdraw and .empJ.oy :' by' -7- of oo fron the deposi t of collateral consEruct the improvenents in spec if ications. 8B WarranCies. such funds as accordance wi lh may De necessary the bo conlrary, there shall tine of conpletion of No!witnslanding any provision to the &4 -c-ttg-year correctlon perlod from the impr.ovements referred'to in bhis A be a ttie. Agreenent conseguenqes thereof. Repa i r or 'otJ the +rro-year correction peri.od shal. l bear correcb,ion perlocl fron the acceptance of che repair or repracernent by th*ffiqsg.*1, Errgineer. The retien b!r bltc ^garC e € C..utrty gefinisstUnEr$), durtng which tir0e the Subdivider shall p_ronptly correct or remove.and reglace, in accordance with the ffiL'written instiuctrons, de!ective wor k or maLerials and repl.acernent nade under /rT r'an additional **d-year work sharl be c o l 1a t e r a.l. i z e d during the correction period in an anount and Eype of coJ'lat,eral as shatl be reasonably determined by the county. such work sharr be inspected approxinater,y sixty (60) days prior to E.he expiration of, E.he t.wo-year correction per iod, and any deficiencies shaJ.r be noted !o che subdivider. 8. Approval of p1at,. The County agrees to the approval of the final plat of The Homestead, tiling No. 3, subJect. to !he t,erns and conditions of !bis Agreement. The previous approvar of the county in connect,ion vith the frnar pl.at of t,he Edwards Village subdivision, as amended by Ehe final plat of The HomesEead, Fil,ing llo. 3, is also subJecE Eo the Eerns and condit,ions of, t,his Agreenenc. 9. Amendnent. The parties he re to muCually agr ee Eha t bhis Agreenenc may be anended from time to tine, pr0vided that such amendnent ls i'n writing and signed by all parties hereto. 10. Assurnption. this Agreemen! shaIl. be enforceable against the subdivider, provided, however, that in che event the subdivider seIIs or E,ransf ers all or part of !he subject, -8- 't' ',.. ,li subdivisions' as shown in the f,inar. plats (prior E,o ext.enslve sales of individually platted Eracts ) , the obligaCion of the Subdivider under t,hts Agr€enenC as E,o that portion of tb€ subJec! Subdlvislon rnay b€ asauned by the purchaser of Ehe parcel, and subdivider shall have no f,urther obligations hereunder. It. te agreectr.. honever, that no such. assumpeion of, these. obligations sharl be eff e.ctive unress the Board of county Connissloners glves lts prlor approvi.I Co suclr assutilption, folrowing an investlgatron of che finanqlal coqdttron of the purchaser .--,[^dq @ t{arninq or. panqerous'condirions. r-r+s-r{++h€r ag--'tc !h1r.'-rhe subdivioer sharr, at alr Eimes. ML ,;"-I ',tt/t^/ in'stoY"t"nr o ^I tte t --€a{!n tgc, give good al|d adeguage warning to the traveling publlc of each and every dangerous condition existing in any of. ehe Eoads within the subJect Subdivislons, and will procect the traveling public from such deEective or dangerous conditions. rt is understood and agreed that, u'til completion 0t arr che I'mprovenents herein agreed to be performed, each of said roads not accepted as inprovert, shaI l be under the ch.rtge of Subdivider for the purpose of thls Agreenent. 12. .without waiving any rlghl that the county nay have againse ehe original Subdivider of the Edurards Village Subdivision. the CounCy hereby approves the substltu!ion of the original sub'rividerr Edwards village partnershrpr and ehe orrginal subdivision rnpr0venents Agreenent da!ed septenber 30, lggl , t0c that of rhe subdivider heretn and the instant subdivisron fmprovements Agreernent,. For.thts puEpose, the orlginal - 9- OR4F7 Qrrpe ?-/f_gz PRE-SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT dated August 24, 1987, is enrered into between I-A}4AR CAPITAL CORPORATION, a New Jersey corporation ('rsubdivider"), and the TOI4IN OF VAIL, COLOMDO- ("To;n"). 1. Subdivider has submitted to Town for approval a final plat (the "Plat") of Elk Meadows Subdivision (the- "Subdivision"). 2. The Plat is acceptable to Town provided that Subdivider and rown enter into a subdivision rmprovenents Agreement wherein Subdivider shall ggree- and guarantee- that certai; improvements will be done in the Subdivision, the terms of which igreement have not yeE been agreed to. 3.- There presently exists in the Subdivision a graded but unpaved road (the ttRoad"). 4. Town desires to assure itself that certain revegetation adjacent to the Road occurs regardless of whether or not the plat is placed of record. 5. Town desires to assure itself that in the event the Plat is not placed of record by September 1, 1989, Ehat certain regrading and revegetation of the Road itself occurs. RECITALS AGREEMENT In consideration of the recitals and the mutual covenants contained hereinaft.er, the parties heret,o hereby agree as follows: 1. Subject to and conditioned upon Town and Subdivider gn-tgTilrg.into a Subdivision Improvements Agreement for the Subdivision mutually satisfactory to both parties, Town hereby approves the Plat. 2. Subdivider agrees to complete, at its sole cost and expense, on or before September 15, I9B7 , in a good and workmanlike manner, the revegetation of the arels in the Subdivision adjacent to the Road and rhat were disturbed by construction of the Road. Such revegetation (,'Work 1") shall consist of grading of existing topsoil and seeding (with straw or sj-mr-rar cover) with indigenous species of grasses. 3. To secure and guarantee Subdivider's performance of Work 1, Subdivider agrees to provide security to Town in the form of a cash escxo$/ in the amount of $2,500.00 to be held by Town.In the event lJork 1 is performed on or before September 15' 1987' the $2,500.00 shall immediately be returned by Town to Subdivider. If l{ork 1 is noc performed by September 15, 1987, Town shall give written notice to Subdivider of such evenc,stating in detail the specific parts of Work l not performed.After ieceipt of such nbtice, Sirbdivider sha11 have-an additional 30 days to conplete Work l and have returned the $2,500.00 held by Town. If Subdivider fails to complete Work 1 in such additional 30 days, Town sha1l conplete Work 1 with such part of the $2,500.00 escrolr as is needed, with Ehe balance of such funds being recurned to Subdivider. The $2,500.00 escrowed funds shall be used by Town for no purposes other than completion of Work 1. Notwithstanding anything contained in this Agreement to the contrary, Subdlvider shal1 have no obligation with respect to Work 1 in excess of the 92,500,00 escrowed funds. 4. If the Plat is not recorded in the real property records of Eag1e County, Colorado, on or before September 1, 1989, Subdivider agrees to complete, aE its sole cost and expense, on or before September 15, 1989, in a good and rrorkmanlike manner, the regrading and revegetation of the Road. Such regrading and revegetation ("Work 2"; shall consist of grading of existing topsoil to approximate pre-existing copography and seeding (with straw or similar cover) rsith indigenous species of grasses. 5. To secure and guarantee Subdivider's performance of I.lork 2, Subdivider agrees uo provide security to Town in the form of a cash escrow in the amount of $3,000.00 to be held by Town.In the event the Plat is recorded on or before September 1, 1989,the $3,000.00 shall inrnediately be returned by Town to Subdivider. In the event that the Plat is not so recorded and Work 2 is not performed by September 15, 1989, Town shall give wri.tten notice to Subdivider of such events, stating in detall the specific parts of Work 2 not performed. After receipt of such notice, Subdivider shall have an additional 30 days to couplete Work 2 and have returned the $3,000.00 held by Town. If Subdivider fails to complete lJork 2 in such additional 30 days, Town sha11 complete Work 2 wiEh such part of the $3,000.00 escrow as is needed, with the balance of such funds being returned to Subdivider. The $3,000.00 escrowed funds shal1 be used by Town for no purposes other than courpletion of Work 2. Notwithstanding anything contained in this Agreement to the contrary, Subdivider shalI have no obligation with respect to Work 2 in excess of the $3,000.00 escrowed funds. 6. Town agrees that Subdivider, at Subdividerrs sole discretion, may at any time substitute for either or both of the cash escrows supplied hereunder an unconditional and irrevocable letter or letters of credit fron a financial institution. Upon delivery of such letter or leLters of credit, the cash being substituted for shall ium.ediately be returned by Town to Subdivider. 7. Prior to the eompletion and acceptance of any work performed by Subdivider hereunder, Town shal1 noE, nor sha11 any officer or employee thereof, be 1iab1e or responsible for any accident, 1oss, or damage happening or occurring to the work specified in this Agreement that is performed by Subdivider, nor shal1 Town, nor any officer or empl-oyee thereof, be liabIe for any persons or property injured by reason of the nature of said work, but all of said liabilities shall be and are hereby assumed by Subdivider. Subdivider hereby agrees to indemnify and hold harmless Town, and any of its officers, agents and employees agai-nst any losses, claims, damages, or liabilities to which the Town or any of its officers, agents or employees may become subject, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any work performed by Subdivider hereunder; and Subdivider shal1 reimburse Tovm for any and all legal or other expenses reasonably incurred by Town in connection with inv-estigating or defending any such loss, claim, damage,liability or action. This indenniry provision shall be in addition to any other liability which Subdivider may have. 8. There shall be a one-year correction period from the time of completion of the work ieferred to in tiis Agf,eement,during which time Subdivider shall prourptly correct or remove and replace, in accordance with the Town's written instructions,defective work or materials and consequences thereof. Repair or replacement made under the one-year correction period shall bear an additional one-year correction period from the acceptance of the repair or replacement by the Town Engineer. Such work shall be inspected approximately 60 days prior to the expiration of the one year correction period, and any deficiencies shall be noted to Subdivider. 9. Subdivider shall, at all times during the work specified hereunder give good and adequate wari,ing to the trav-eling public of each and every dan5ierous condition existing in_the Road, arrd will protecf the traveling public from such defective or dangerous conditions. It is understood and agreed chat, until completion of all the work herein agreed Eo be performed, the R.oad, if not accepted as improveE, sha1l be under the charge of Subdivider for the purpose of this Agreement. rN wrrNESS WHEREOF this Agreement is executed effective as of the date first written above. LA}4AR CAPITAL CORPORATION, A New Jersey corporation BY: Michael LauterbaEh, Vice President TOWN OF VAIL, COLOMDO BY: Town Manager o o Art3ten Pr\te- Town o€ Vor{- P\onner RE: E\\( tqeOdoWS The- €oltowunq. \s more- spcc-\€ic- exp\anoi r-ort UDr the E\ K ueo.dows re-veqe+o.tion- P\cJ-r iho}- \^lct3 glu.^t i--rt*}\ ve- c-PProva-Q- --Tne. *otd Vlraeted co-uen d €orne- c-ctn Uu\b\ 5n --Tfre- \owe-r"rclGd" (T,o.tc.rta-Q.- Gr,r be €pe,t.o.td S.rTn lolgc rocft>.The. '^rno-t4Ll-o.-Q-" rl)L-lA be- V-CfLI-q-qd O.-!Dor,L. V- u?e oj3 onot1rer 31te- ot. (*ro,ots9i) -Iln'e. re-rnoJa rrorLttroJ.- uouLA- kre tr-rru.,qd ua G- txrngfl \^lr\-e.Ju-' toP so\\ hc\,e b!.r-r' .9u% uP Ttre, +cp €D\ l hy-orn tYre. trdncln \Ni \ \ be ep.eCd ove-r t}re e-n*\re- are.o,.-. -Ttre- Vowe,r rcod t.ht,,t^S r-e rc*ur-r.ncd to t+o rp..xal A.9- =lto.Jue- at- or\'+\ nO.-Q- eteva-t'usn. -9{' wlrt +\re.n bi racccdc-d rruitVr na)-\^r'-c\L *ca*e&-Tlle urpperr-"roGd" wi!\ be- rrude i{rto o.- glrortened drl ve-rr-rql4,- rrrr\tVr \G' widtYr. -T.he. poUon{ped ond tuuun o.rtqLnd r.l.r\\t be' le.ve.\ed on{ covex-rC \Nri+\^ +op 3a. -rhc ..*t+\ve- wr\\- c)(+e.nd On\up V-r3.\€ NO.\+. +ine- O-ttn--ot- . -Tne- 9-oad " dro-fn d-tlc-'l'l wt [) De- rnore- de,€rned C\rd tlre- \oN Fr>rnt w\\t V^rave- cu-l*vot--f r..t-nde.r' tlne -oc.d - The- ent\re- P\a*- *qA- be'b\e., *l tC thre- @ thi- Line5.Gfher tlrqn tY-re- "d-rvew t-tsre PO.Xce-\ wr t\ bl- e-n v\l*€ec-d-l-d to i+3 ncilr.l\o.A- qrc-xebe3 - ou/t ruoundrnc,y bo\-.\-tlc\ .o,g.-l- bL nO'o.brt-,\Pf |eCg..-€\ .t-a,l.+ o'.-r.brni tn tor6rnorr5 *e.r tTri Bvad I { 3Lt{r9.n \occ / t)r TO: FROM: DATE: SUBJECT: oriqinal SDD Units 9 Type 2 duplex, 5 single farnily GRFA: L,77'1 per unit On Julv zr iqsz, the ordinance approving the Special Development District for Elk lqeadohrs was given final_ approval by the Town Council. The Planning Cornrnission may approve minor changes to a special develoinent district.- The requested changes to Special Development District #j-6 are listed below: Proposed Amendments 7 7 single farniJ-y units 2,285 per unit Essentially, the applicant is requesting to decrease the density of the subdivision. The total unit nunber is being decreased from 9 to 7 units. L0 units are actually allowed under the original zone designation. The project would have 7 single dwelling units instead of 2 duplex units plus 5 single family units. The GRFA for the project would change to 2,285 sguare feet for each single farnily unit instead of 1,777 GRFA per unit. The total GRFA allowed for the project is 16,000 sqnrare feet. The total GRFA proposed would be 15,995 square feet. STAFF RECOMMENDATION ndments. Our opinion is that the decrease in density should be viewed as a positive J.mprovement due to the sensit,ivity of this site. Attached to thls merno is the revised Special bevelopnent District #l_6 ordinance. Please note that additions have been typed in all capital letters and underlined. A line is drawn thiouqh portions of the ordinance that will be omitted. The oiiginal ordinance creating the sDD is also attached to this memo for comparison purposes. v u q,y,lDfuffi \0(04*r r*r/ Q!9 Plannins and Environmentat commissior t\ fr!!_Wf*"- community Developrnent Departmenr " ry&r6uhJ Ausust 24, LesT -q-\ " S^[f Amendments to special Development District #16, Elk$tDd Meadows - ^--i!-' \1{'Jx Applicant: Lamar Capital Corporation ORDINANCE NO. 19 Series of 1987 AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT OISTRICT (KNOHN AS 5001,6, ELK MEAOOI,TS) AND THE OEVELOPMENT PLAN IN ACC0RDANCE l,lITH CHAPTER 18.40 0F THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO I{HEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Oevelopment Distri.cts within the Town; and IIHEREAS, Lamar Capital Corporation has subniitted an application for a Special Development approval for a certain parcel of property within the Town knont-as The Va'l 1ey, Phase III, part of Parcel'A, Lion's.Ridge Subdivision Filing No. 2 to be known as Special Development Distrjct No, 16; and WHEREAS, the establishment of the requested SOD 16 will insure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and l.lHEREAS, the Planning and Environmental Comnjssion has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers beneficial to the Town and its citizens, such Special Development District No. 16: that it is reasonable, appropriate, and inhabjtants, and visitors to estab'lish NOl,l, THEREFORE, BE IT ORDAINED 8Y THE TOWN COUNCIL OF THE TOI..IN OF VAII, COLORADO, THAT: Section l. Amendrnent Procedures Fulfjlled. Plannjng Commission Report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfjlled, and the Town Council has received the report of the Planning and Envinonmental Commission recommending approval of the proposed developnent plan for Special Development District No. 16. Section 2. Special Development District No. 16. Special Development District No. 16 (SDO 16) and the development plan therefore, are hereby approved for the deve'lopment of Phase III, The Valley, part of Parcel A, Lion's Ridge Subdivision Filing No. 2, within the Town of Vai'l consisting of 3.6 acres. Section 3. Purpose Special Development Distrjct 16 is established to ensure comprehensive development and use of an area that wjll be harmonious wjth the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff memorandum dated June 8, 1987, there are signifjcant aspects of Special Development Distri ct 16 which are difficult to satisfy through the imposition of the standards of the Residential Cluster zone djstrict. SDD 16 allows for greater flexibility in the development of the land than wou'l d be possible under the current zoning of the property. In order to help preserve the natural land scenic features of this site, building envelopes will be established which designate the areas upon the site in which development will occur. The establjshment of these buiId'i ng envelop.es wi|| also permit the phasing of the development to proceed according to each individual owner's ability to construct a residence. SDD16 provides an appropriate development plan that maintains the unioue character of this site given the difficult site constraints which must be addressed in the overa'l 1 design of the project' Section 4. Development Plan 16 is approved and shal1 constitute the plan for Developmertt District. The development plan is ted by Lamar Capital Corporation and consists of the I be finalized at the major subdivision final plat velopment plan for SDD nt wjthin the Special of those plans subrnit documents, which will n9lne ae deve I opme I coFpri sed fo1 I owi ng I I rjvrew: l 1. u?D\rE ftuqL \UrD0fn{rr0il ELK MEAOOI^6SUBDIVISION PHASE III. THE VALLEY. FINAL PLAT. A EAGLE VALLEY ENGINEERING AND SURVEYING. MR. LELAND LECHNER, SURVEYOR AUGUST 6. 1987. 2.EIK MEAdOWS SUbdiViS'iON PhASC III: FINAL UTILITY PLAN. PART OF PARCEL A LIONSRIDGE SUBDIVISION. FILING NO. 2. EAGLE VALLEY ENGINEERiNG AND SURVEYING, FEBRUARY 23l 1987.+reliminary llan B+il4ing Envelopes an+ e-++Hhe-fHffi rttary-2 3;{ 98h{tlr'. -gee-+eenner-€elorade+egistered +and-5ttwelor. 3. Elk Meadows Subdiv.i sion Phase III Access Road Design Drawing, John MacKowen, Surveying and Engineering, Inc., June 5' 1987 Final Landscape Plan, Elk Meadows, Phase III, Mr- Dennis Anderson, Associates, AUGUST 6. 1987 Jrr++g$a8l- El k Meadows Subdi vi si on, Phase I I I FINAL +++1-i'tnjrqa+y Dra inage Plan, Mr. Don Pettigrove, P.E., AUGUST 6. 1987 J*pe-*9€i7- ELK MEADOI.IS SUEDIVISION, PEASE III. FINAL ROCKF AND SLOPE ANALYSIS RESUBDIVISION OF PART OF PARCEL 4. 5. suRvEYING, FEERUARY a3,_19€Z NGINEERING AND PLAN. MR. LELAND J. LECHNEE. SURVEYOR, EAGLE VALLEY 7.-Environmental Impact Report submitted by Inc. ,-{'laH-l-- t gg7- AUGUST 5, 1987 whi ch Rockfal I Mitigation Requirements. Mr. Peter Jamar, Associates' includes Desjgn Guidelines AND fellewing letters are also sart of the-FfP.- ( a. tetter frem: llr: EorFettiErove; l:E: to I \ r", lqRT Re: preliminary drainage pl F'l k r"leadows Subdivisien d. 0th 8. Jungl5, 1987 re: Elk tleadows Subdivjsiorr; Roekfall 19e7, Re; Efk t|ea , er general submittal documents that defjne the development standards of the Special Development Distri ct. The development plan shall adhere to the following: 1. @igg: The total acreage of the site is-3-6-3.619 acres proposed to be:2. Permitted Uses: The permitted uses for the site are a. Single family residential dwellings b. Open space c. Public and private roads Conditional Uses: a. Public utility and public service uses b. Public buildings, grounds and faci lities c. Pubiic or private schoo'l s d. Public park and recreation faci'l ities e. Ski lifts and tows t . Pr i vate cl ubs g. Dog kennel Accessory Uses a. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming poo1s, patios, or recreation faciljties customariy incidental to single-family or two-family residential uses. B. 3. 4. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18. 58.190 c. 0ther uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof d. Horse grazing, subject to the issuance of a horse grazing permit in accordance with the provisions of Chapter 18'58' 5. Parcel Acreages and Uses a. Bui lding Envelopes / 1. *7.0647 acres, 1 single family unit I \ z. r€+ .0617 acres, 1 single family unit \ ^ ') 3. *6.0534 acres' I single family unit u/l' . "*-rJrlJB ^o'. 4. .4+ .0483 acres, 1 single fami1y unit 0.\\- ^M .lr.trA \ E .+e.0929 acres, f_dtfl€*++* 1 SINGLE FAMILY UNIT rlv" v l' 6. .€&.0641 acres, t...d{f]+|(-t*+i+ I SINGLE FAMILY UNIT i I l. re+.0498 acres, 1 singl e family unit \ b. Tract l; €#1!!!! acres open space AND DRAINAGE EASEMENT "\c. Tract ?: .6*7 .6927 acres private access road and parking ..- 6. Setbacks - Minimum setbacks for the location of structures in relation to building envelope permimeter lines shall be as follows: a. No structure shalll be located on the utjlity easement as so designated on the final plat of the subdivision. b. No structure shall be located less than two feet from either the east or the west perimeter line. c. No structure shall be located less than three feet from the north oerimeter I i ne. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter Iines of the building envelope. 7. Density: Approval of this development plan shall permit ni+e{+) SEVEN lZ) dwell ing units rrhjeh ineludes 5 single family dwelling units.ana4.4+p+ett urti+s. A bujlding situated on a single unit residential building envelope shall not contain more than fr71 ?,285 square feet of GRFA. @ ffi *iitg- €frve-lope-sHFn#enbrin- norsffiSq-W €Rtr. 8. 9. two being 10. Landscaping: The area of the sjte to be landscaped shal] be as indicated on the preliminary landscape plan. A detai'l ed landscape plan shall be submjtted to the Oesign Review Board for their approval . The,Design Review Board approved final 'landscape pian shall represent the general subdivision's landscape requirenents. ' The entire portion of the building envelope not covered by pavement or buildings shall be landscaped as well as any areas outside the bujlding envelope djsturbed during construction. 11. Oesisn Guide'l ines: The Design Guidelines shall be submitted to the Design Review Eoard for their approval . The ORB final design guictelines shal 1 represent the approved design guidelines, Design guidelines for the site are as follotvs: a. Roof pitch sha]l be.BETWEEN 4 feet in 12 feet ANo 6 FEET IN tz FEET* lr b. Roof material shall be METAL STANDING SEAM oR A METAL sTAMpEo CALIFoRNIA* TILE FORM and be .irn.r. charcoal grey or DARK NAVY blue in colorV I n c. Siding material shall be either cedar or redwood and shall be applied horjzontally as indicated on the prototypical bui lding elevat.i ons. 0nly light colored stain shall be apptied to siding. d. Either stucco or siding shalt be applied to exposed concrete foundation walIs. If stucco is utj'l ized, it shall be'l ight jn color. e. All windows shall be white metal clad windows. f. Al'l roofs shall have overhangs of at least I foot in order to protect walls and wall openings from rain and snow and to contribute to the building's character. 12. Recreatjon Amenitjes Tax: The recreation amenjties tax is g.30 per square foot. 13. Protective Covenants: Prior to major subdivjsion final plat approval , the developer shall file protective covenants on the'l and records of Eagle County which wil'l provide that each owner that builds a structure on a designated building enve'lope sha1l comply with the design guidelines and rockfall mitjgation \l requirements as outlined in the EIR by Jamar Associates +4a3r_f-l August 5, lgSThopies of the guidelines and mitigation requirements shall be avajlable to prospective purchasers at the Community Development Office and Developer,s offjce. euitdinq Heiqtt Buildins heisht .h"tt''*l$L fol a-slq or jD &,1( r".k+tod ^Parking: Two parking spaces shall be provided per unit with one ",,l tn.yeto( enclosed PLUS ONE GUEST PARKING SPACE IN THE COMMON PARKING AREA*. \ The covenants shall also state that an onner may choose to have another qual ified engineer,/geo'l ogist design appropriate rockfal'l mitigat'ion measures, as long as the mitigation solution does not have negative visua'l impacts and is approved by the Town of VaiI Community Development Oepartment and Town Engineer. The covenants shall a'lso provide in regard to the covenant dealing nith design guidelines and rockfall mitigation that the Town of Vail shall have the right to enforce the covenant and that the coyenant may not be amended or deleted without Town of Vai'l approval. : The protective covenants shall be approved by the Town of Vail Attorney, prior to major subdivision final plat approva.l . Section _!. Amendments Amendments to the approved development p'l an which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Sectiorl 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 6. Expi ration The applicant must begin construction of the Special Oevelopment 0istrict yithin 18 months from the time of its final approval, and continue ditigently tolard complet'ion of the project. If the applicant does not b.egin and diligently rvork toward the completion of the special Oevelopment 0istr.i ct or any stage of the Special Oevelopment 0istrict within the time Iimits imposed by the preceding subsection, the Planning and Environmental Commissjon shall review the Special Development 0istrict. They shall necommend to the Torvn Council that either the approval of the Special Development District be extended, that the approval of the Special Deve'l opment District be revoked, or that the Special Oevelopment Distrjct be amended. Section 7. If any part, section' subsection, sentence, clause or phrase of this ordjnance is for any reason held to be invalid, such decisjon shall not affect the validity of the remaining portions of this ordinance; and the Town Councjl hereby declares it would have passed thjs ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regard'less of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared jnvalid. r.-l TO: FROM: DATE: SUR'ECT: APPLICANT: Planning and Environmental Commission yL-s'i community Development Departnent ti-\r rJ l\b Ausust 24, Ls87 W firl* Final review of the Erk Meadows subdivision tdfl[ Lamar Capital Corporation I.THE REQUEST The request is basicatly the same as the previous major subdivision review by the Planning Commission on June B,L9a7. Since the PECrs review, the following minor changes have been made to the project:o @ (3.The GRFA per unit has changed from 2 duplex units ^------r=---.---=-ramrly clwel-lrng The mix of units has been changed from and 5 single fanily units to 7 single -Eiilts. .-.---.- to 2,285 scruare feet. This changE @runit, as th6 The number of dwelling units has been reduced frorn 9 to 7. dwelling units has been decreased. The square footage for Tracts I and 2 and each of the 7 building envelopes has been adjusted in the following manner: Building Envelopes original No. I .07 acres No. 2 .O7 No.3 .06 No.4 .05 No. 5 . l-0 No.6 .08 No.7 .05 Tract I 2.530 Open space and drainage Tract 2 .6927 Road and parking easement Proposed .0647 acres .o6L7 .0534 .0483 . 0929 .0641_ . .0498 2 .4L90 easernent L,77'7 sguare feet crea es an A- Q.D The design guidelines were arnended by the Design -' Review Board in the following ways: ' Roof pitch shall be between 4rLZ and G:t-Z. 1 Roof materials shall be metal standing seam or a 'l metal stamped California tile form and be either / charcoal grey or dark navy blue in color. I The guideline which related to decks and balconies \ has been omitted from the ordinance. The following letters have been added to the environ-mental inpact report: Letter from Mr. Don Pettigrove, p.E., 6/L2/87 Letter from Mr. Nicholas Lampiris, ph.D. , 6/15/97 Letter from Mr. Don Pettigtrove, p.E., 6/16/97 Letter from Mr. Nicholas Lampiris, ph.D. , 6/18/87 (-iaaitional landscaping has been added at the 4lpubdivision entrance, and the four guest parking )/spaces on the southwest portion of the site have been Y removed. ,/-\(81 ) The Planning Commission I s five conditions of approval -..-.--'l have aII been addressed by the applicant. l-. ' The development of each building envelope will , comply with the environmental irnpact report, . ,especially the design recommendations cited by W *^ Vt .. Dan Pettigrove in a letter concerning o .n,^NIU design nitigations for rock fall hazards. Each UV/*' individual owner witl be responsible for r completing the rockfall rnitigation measure per \, the Pettigrove letter. Studies will rneet the \standards outlined in Section 18.69.O52 of the ,Town of VaiI zoning code. An owner may choose Ito have another qualified engineer/geologist ' design appropriate rockfall mitigation measures, . as long as the nitigation solutj_on does not have ' negative visual irnpacts and is approved by the I Town of Vail Cornmunity Development Department \and Tohrn Engineer. The proposed prelirninary J-andscape plan and design review guidelines will be reviewed bv the Design Review Board for their approval befole final plat subrnittal . a OL 6'The applicant agrees to revegetate the access road if the general subdivision j-mprovements are not completed by September 1-, 1989. ceneral subdivision improvements are defined in Section L7.]-6.1-50 of the Town of Vail Subdivision Regulati-ons. The declaration of protective covenants for the EIk Meadow Subdivision states that design guidelines may be adopted. The staff would require that the wording be changed to state that design guidelines shall be adopted. The full paragraph would read: rrGuidelines for the developrnent of the building envelopes and tracts sha11 be adopted by the Committee, which shal1, amongl other things,interpret and/or implement the provisions of these protective covenants. Guidelines may be amended from time to time with the rnajority vote of approval from the Committee and approval of the Town of Vail Design Review Board. The guidelines will be available from the chair of the Design Committee and Town of VaiI Cornnunitv Developrnent Department. rr The following engineering information will be submitted to staff by June 15, Lga7. a. h c. The revised rnaster drainage plan. The preliminary plan will be revised to show the new turn-around dirnension on the west end of the property . The road plan will have an engineerts stanp. The preliminary plan will be adjusted for square footage totals due tot he removal of the four guest parking spaces on the west end of the project. A letter from Nick Lampiris will be submitted to address the rock fa1l desicrn reguirements. A graphic sha1l be subnitted. Gas line and fire hydrants will be indicated on the utility plan in the appropriate areas. d. e. Jr-,.) r'-**, !\'1 \'r*i ,\ Ft't' o The applicant has provided cash amount of the Town of Vail with a to cover the revegetation wax. In addition, this evQgetate the access road imtr{rovements are not nr1. I Glo+ ts l'1n ,-- I r 1t.. r.i' ,11 und the road be used to r subdivision ptember 1, l- of the area aro money may also if the general completed by Se A variance is required for the road right-of-way (see attached memo). IT. STAFF RECOMMENDATTON Staff recommends approval of the major subdivision. We feel that the additional information and minor ctranges that reduce the density of the project are favorable. Our opinion is that the proposal meets the requirements set forth in the rnajor subdivision criteria which r'rere originally outlined in the June 8, L987 staff memo. (Please see attached 6/8/87 PEC nemo. ) The applicant and staff will work out a dollar anount for #9:-:- ?' LAMAR CAPITAL CORPORATION, a New Jersey corporation ("Declarant"), is the record and beneficial owner of all of the real property within that certain subdivision denominated Elk Meadoizs Subdivision located in Eagle Gounty, Colorado, the final plat of which \das recorded in Book - at Page -, of _ che lecords in the office of the Glerk 66i[ Recorder-6-f Eagle County, Colorado. Declarant does hereby make, publish and declare that Ehe following terms, covenants, conditions, easements'restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land, shall be a burden and a benefit to Declarant, its successors and assigns, the Town of Vail, as to certain restrictions, and any Person or entlty acquiring or owning an interest in the real proPerty des-cribed above and all other real property which is or becomes subject to this Declaration and improvements built thereon, their grantees' successors, heirs, personal representatives, devisees or assigns. 1. DEFINITIONS: As used hereJ-n, the following words and terms shalf-have the following meanings: DECLARATION OF PROTECTIVE COVENANTS FOR ELK MEADOWS SUBDIVISION Elk Meadows Subdivision. A lot within Elk Meadows Subdivision. A tract within Elk Meadows Subdivision. GROSS RESIDENTIAL Is a term as defined in Section 18.04.130 FLOOR AREA of the Zoning Resolution (the "Zoning ("G.R.F.A.") (Resolutionr') of the Town of Vail, Eagle County, Colorado. A Building Envelope which can be used solely for residential purposes and upon which not more than one building containing not more than one single fanily dwelling unit (as defined in Section 18.04.080 of the Zoning Resolution), and containing not more than one enclosed garage, may be constructed. OPEN SPACE TRACT Tract 1, which shall remain in its natural and undisturbed state or be landscaped in a manner approved by the Design Review Cosulittee, as hereinafter defined; provided, however, that an Open Space Tract may have constructed and maintained thereon utilities SUBDIVISION BUILDING ENVELOPE TRACT SINGLE UNIT RESIDENTIAL BUILDING ENVELOPE DESIGN REVIEW COMMITTEE and drainage facilities in areas as so designated on the final plat of the Subdivision. A group of three persons who shall be responsible for the administration and enforcement of these Protective Covenants and other Design Guidelines, if any. Such persons shall be appointed by Declarant. The Design Review Comnittee (sometimes referred to herein as the "Cornnit,tee") shall, anong other things, review and oversee the development of the Building Envelopes and Tracts with regard Eo site design, DESIGN GUIDELINES ROAD TRACT OIdNER ASSOCIATION COMMON EXPENSES architecture and landscaping. Any action' decision or approval to be given by the Corrmittee shall require a majority vote of its members. Should Declarant, at any Eime within 30 days after receiving written notice of a vacancy in the Conrmittee having occurred for any reason whatsoever, fail to appoint a new member to the Comrittee to fill a vacancy, the Ovmers by a majority vote sha11 designate such new member to the Committee,with an 0wner having one vote for each Building Envelope owned. Guidelines for the development of the Building Envelopes and Tracts shall be adopted by the Conrmittee, which shall' among other things, interpret and/or implement the provisions of these ProtecEive Covenants. Guidelines mav be amended from time to time with the majolity vote of approval fron the Corurittee and approval of the Town of Vail Design Review Board. The guidelines will be available from the chairperson of the Comittee and Town of Vail Comtunity Developroent Department. Tract 2, which can be used sole1y (i) to provide a private road and right of way for private use as ingress and egress from each bf tn" Building Eivelopes to-Lion's Ridge Loop, a public road located in Eagle County, Colorado, (ii) to provide for vehicular parking in areas as so designated on the final plat of the Subdivision, and (iii) to provide open space in the same manner as an Open Space Tract on portions not used for a private road and right of way or for vehicular parking; provided, however, thaE the Road Traet. may have constructed and maintained thereon utilities and drainage facilities in areas as so designated on the final plat of the Subdivision. Any individual , corporation, partnership, association, trust or other legal entity, or combination of 1egal entit.ies, which is the record olrner of an undivided fee simple interest in one or more of the Buildtng Envelopes. The Elk Meadows llomeowners Association, a Colorado nonprofit corporation. A11 expenses expressly declared to be cormon expenses by this Declaration or by the bylaws of the Association; all other expenses of administering, servicing, conserving, managing, maintaining (including, without limitation, snow removal and landscape maintenance), repairing, improving or replacing the Open Space Tract, the Road Tract and improvements located thereon; insurance premir:urs for the insurance carried under Paragraph 10 herein; and a1I expenses 1awfully determined to be cormon expenses by the board of directors of the Association. This Instrument and all amendments or DECLAMTION FIRST LIENOR supplements thereto hereafter recorded in the records in the Office of the Clerk and Recorder of Eagle County, Colorado. The holder of a promissory note paynent of which is secured by a first mortgage or first deed of trust encumbering an interest in a Building Envelope. "Mortgage" shall include a deed of trust, and "mortgagee" shall include the beneficiary of a deed of trust. 2. GENEML PURPOSES: These covenants and restrictions are made for t@eating and keeping the Subdivision, insofar as possible, desirable, attractivQ, beneficial and suitable in- architectural design, materials and appearance, guarding against fires and unnecessary interference with the iatural-beluty of the Subdivision, and providing ingress and -,egress from ail Building Envelopes in the Subdivision to a public road, all for the mutual benefit. and protection of the Owners. 3. USES: A11 Building Envelopes in the Subdivision shal1 fall within-TFe following laid use dlfinitions: Single Unit Residential Building Envelope Open Space Tract DEFINITION Road Tract APPROVAL OF LOT DESCRIPTION Building Envelopes r1213,4,5,6 and 7 Tract. I TracE 2 4.CONSTRUCTION PLANS: (a) No building or @ected, or maintained on any Building Envelope, nor shall any addition thereto or alteration or change Eherein be made until- complete plans and specifications (including, but not limited to, a -co1o! rendering and/or a model, floor plans, elevations, site and grading plans, provisions for off street parking and locations of driveway access, landscaping plan, the speeification of Principal e{terior materials, color schemes and the location and the method of utilization of all utilities) have been submitted to the Conrmittee and by it approved in writing. In addition, each- owner that builds a structure on a designated Building Envelope shall comply with the design guidelines and rockfall mitigation requirements as outlined in the Envlronmental ImPact Report-by Janiar Associates dated August 5, 1987. Copies of the guidelines and mitigation requirements shall be available to prospective purchasers from the Town of Vail Corrmunity Development Department and from the Connittee. Each owner may choose to have another qualified engineer/geologist design appropriate rockfall rnitigation measures,-as long as Ehe nitigation solution does noL have negative visual impacts and is approved by the Town of Vail Coirrunity Developmlnt Department-ind the town of Vail Engineer. The Town of Vail shall have the right to enforce the covenants and all requirements within subparagraph 4(a) herein. The covenants and requirements contained in subparagraph,4(a) herein may not be anended or deleted without Town of Vail approval . (b) Owners are encouraged to consult \^lith the Comtttee prior to and during the preparation of gqch plans and bpecifications in order to avoid withholding or detay in approval . (c) If upon the expiration of 30 days fron the date of the submittal of plans and specifications to the Comittee by an Owner, the Cosrtrrittee has taken no action, the plans and specifications will be considered approved by the Committee and the Owner may cosmence construction only after obtaining the applicable governmental zoning and building permits. (d) The Conrmittee shal1 be authorized to levy a reasonable charge, not exceeding fifteen cents for each square foot of G.R.F.A., for the review of plans and specifications, which charge shall be paid in advance. The proceeds of such-charges shall be used for the administration and enforcemenE of these Protective Covenants. (e) Upon the approval of plans and specifications, the, Owner shall- be requiied to escrow funds for the completion of 1-andscaping items and materials that are to be installed by the 0wner. -Escrowed funds will be returned to the Or+rner afBer landscaping has been in place in satisfactory condition for a one year period. (f) In passing all such plans and specifications' tle Couurittee shall take into consideration the suitability of the proposed building or other structure and the materials of which -it is to be buili Eo the Building Envelope upon which it is to be erected, Ehe harmony Ehereof with the surroundings and the effect of the building or other structure, as planned, on the outlook from adjacent or neighboring Building Envelopes. (g) The Couurlttee's goal is to create, for the entire Subdi-vision, a compatible and homogeneous architectural quality harmonious with the character of the area. (h) The Cornurittee sha1l use reasonable judgnent in passing upon all such plans and specifications, but the Cornnittee shall not be liable to any person for its actions in connection with submitted plans and specifications, unless it be shown that the Cornoittee acted with malice or wrongful intent. (i) The following specific restrictions shall govern construction on and use of any Building Envelope. (i) DENSITY: a building situated on a Single Unit ResidentiaT-ETlTiling EnvelopE shall not contain-more than 2,285 square feet of G.R.F.A. (ii) SETBACK REQUIREMENTS: Minimum setbacks for the location offilations to Building Envelope perimeter lines shall be as follows: (aa) No structure sha1l be located on the Utility Easement as so designated on the final plat of the Subdivision. (bb) No structure sha1l be located less than two feet from either the east or the vlest perimeter line. (cc) No StrucEure shal1 be located less than Ehree feet from the north perimeter line. (dd) NotwiEhstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in subparagraphs 4(i)(ii)(bb) and 4(i)(ii)(cc) herein so long as such roof overhangs and decks are totally within the perimeter lines of the Building Envelope. (iii) BUILDING HEIGHT: No structure located within the SubdivisionT[ET1Effi[-at any point on the structure' three stories or 33 feet in height (as defined in Section 18.04.170 of the Zoning Resolution), whichever is less. (iv) PARKING AND ACCESS REQUIREMENTS: (aa) One off street par ll be Provided on each Building Envelope with such off street. parking spaces being required to be provided in enclosed garages. (bb) No off street parking spaces on any Building Envelope shall be allowed outside of an enclosed Earage'except for up to one space locaEed innediately in front of and tontiguous to the doors of an enclosed eatage located on the Building Envelope. (cc) A11 driveways and parking areas in the Sub-division shall be paved and Lhe maximun permissable driveway or parking grade shall be 8.0 percent. (dd) All vehicular driveways and vehicular ingress and egress access to each and every Building Envelope shall -be restricted to access which comes directly off of the Road Tract and no such access to a Building Envelope shall be allowed directly off of Lion's Ridge Loop road. (v) LANDSCAPING: The concern of the Cornmittee shall be to impr6Te r-hE-rratural appearance of the Subdivision and the 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 as established by the Cosmlittee. (dd) Select the man-made elements that blend and are compatible with the 1and. (ee) Use existing or natural drainage paths when- ever possible. (ff) Conserve and protecE topsoil, rock formations and unique landscape features. (gg) Sod such areas as determined by the Conmittee. The Cornmittee shall require complete landscaping p1ans. As part of such landscaping plans, each Owner shall be required to submit complete plans for the landscaping of all portions of the Open Space Tract that are within 10 feet of the perimeter lines of such Owner's Building Envelope, and it shall be the obligation of such Owner to complete such landscaping of the 0pen Space Tract. The Owners will be encouraBed to make adequate provisions for landscaping costs in their overall consEruction budget. (vi) WATER AND SANITATION: Each structure designed for occupancy or use ETurnanffigs shall connect with water and sanitation facilities made available by Upper Eagle Valley Water and Sanitation District or any other similar governmental or quasi-governmental entity. No private we1ls shall be used as a aource of water for human consumption or irrigation. (vii) ELECTRICAL AND TELEPHONE SERVICE: A11 electrical to the Building Envelopes will be and telephone service plaeed underground. (viii) EASEMENTS: reserved affiiiffi-Tr Subdivision. Easements and rights of way are hereby described on the final plat for the (ix) SIGNS: No signs' bill structure ffiEy kind sf,all be e rnaintained on any Building Envel whatsoever, except such signs as Cormittee. boards, or other advertising rected, constructed or ope for any purpose have been approved by the (x) FENCES: Design and location of fencing shall be submitted to tnd approved by the Conrmittee prior to installation. (xi) TRASH: No trash, ashes or other refuse shall be thrown or Fped on any land within the Subdivision. There shall be no burning or other disposal of refuse out of doors. Each Owner-shall provide suitable recePtacles for the temporary storage and collection of refuse and all such receptatles sha1l be placed in enclosures attached to the buildings so that such receptacles shall be screened from the public view and protected from disturbance. (xii) LIVESTOCK: No animals, livestock, horses or poultry of-EfrflElntt (except dogs, cats and other domesticated pets for household enjoynent, not for conrmercial purposes and not to exceed two in nr:mber may be kept 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' must be containE?ffipon an Owner'-s Building Envelope. Owners may not construct a fenced run on their Building Envelope. PeEs sha1I not be allowed to remain tied or chained anywhere in the Subdivision, and any pet so tied or chained may be removed by the Association or its agents. Pedestrians accompanied by dogs within the Subdivision must have said dogs under their direct control by use of a leash not to exceed ten feet in length. (xiv) TE!'IEOIU\RY STRUCTURES: No temPorary structure, such as a ffibile homb or tent shall be permit.ted in the Subdivision, except as may be determined to be necessary during construction and specifieally authorized by the Coumittee 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, trinrmed or removed from the Building Envelope or Tract without the prior approval of the Comrittee. (xvi) TELEVISION ANTENNA: Exterior mounted,ELEVISION ANTENNA: Exterior mounted, exposed ffiill not be permitted within the television Subdivision. Such antennae, if installed, must be concealed from public view. (xvii) SCREENING: Fuel tanks, electric meters, garbage areas, cloEEET[frE, boats, co tercial trucks, trailers, campers, motor homes, ATV and recreational or inoperable vehicles, air conditioning equipment, television and radio anEennae and ottrer related features must be screened or enclosed from view from surrounding Building Envelopes and properties. (xviii) SPARK ARRESTORS:arr cnr-mnevs . Spark arrestors are mandatory on (xix) OIITDOOR LIGIITING: A11 outdoor lighting cones under the jurGiliEFion oF-the Conurittee. (xx) REPAIR OF VEHICLES: No work of automotive repair shall be p@ithin the Subdivision excePt within private garages. (xxi) ACCESSORY STRUCTITRES AND GREENIIOUSES: Accessory structures ction materials and quality as principal buildings. Greenhouses must be constructed of permanent materials and must be a part of the residential structure ot Sarage and may not be a free standing building. (xxii) CONTINUITY OF CONSTRUCTION: A11 structures co enced Prosecuted diligentlY to completion and shall be completed within Ehe twelve months of commencement unless excePtion is granted in writing by the Connittee. (xxiii) NUISANCE: No noxious or offensive activity sha-ll be carried-n wftEin the Subdivision, nor shall anything be done or permitted which shall constitute a nuisance therein. (xxiv) STORAGE 0F MATERIALS AND lgIPMEl{I: Owners and contractor ion materials and equipment on the approved construction site during the construction period. It shall be neatly stacked, properly covered and secured and is the responsibility of the Owner and the contractor. Owners and contractors will not disturb, damage, trespass or store materials or equipment other Owners' Building Envelopes, on the Open Space Tract on the Road TracL. (xxv) DEBRIS AND TRASH REMOVAI: Owners and contractors shall clea@s on the construction site at the end of each day. Trash and debris shall be removed from the site at least once a week to the closest solid waste disposal site approved by Eagle County. Oluners and contractors are prohibited fron dr:mping, burying or burning trash anywhere in the Subdivision. (xxvi) SANITARY FACILITIES: Each Owner and contractor shall be r@iding adequate sanitary facilities for his construction workers. (xxvii) PARKING AREAS: Construction crews and other construction personnef-shall not park on the Open Space Tract or use other Building Envelopes for parking purposes during construction. (xxviii) RESTORATION 0R REPAIR 0F OTHER PROPERTY DAI'IAGED: Damage or limited to other Building Envelopes, the Open Space Tract, the Road Tract and improvements thereon, driveways or other improvements is not permitted. If any such damage occurs,it will be repaired promptly at the expense of the person causing the sane. (xxix) CONDUCT AND BEHAVIOR: A11 Owners shall be responsiblffi behavior of their agents' representatives, invitees, builders, conLractors and subcontractors. 5. DIVISION OF TRACTS. (a) Each and every Tract is each and every on or hereby divided such that an undivided interest in Tract is hereby conveyed and made one of the Building Envelopes as Building Envelope I 2 3 4 5 6 7 appurtenant to each and every follows: Appurtenant Percentage Interest in each Tract 14.29 14.29 14.29 14.29 14.28 t4.28 14.28 (b) Each Building Envelope and its appurtenant interest in the Tracts shall be inseparable and may not be conveyed, leased, devised or encumbered one without the other. A transfer by an Owner of legal title to all or any portion of a Building Envelope shal1 automatically transfer a Proportionate interest in the appurtenant interest in the Tracts. No interest in a Tract by itself may be granEed, conveyed or assigned by an Owner separate from his Building Envelope. (c) Each and every Tract shall be owned in conrmon by the Owners and shall renain undivided. No Owner shall assert any right of partition with respect to a Tract and each Owner waives any and all rights of partition he nay hold by virtue of his ownership of an undivided interest in the Tracts as a tenant in coftmon with the other Owners. (d) Each Owner shall be enEitled to use the Tracts in accordance with the purposes for which they are intended, without hindering, impeding or imposing upon the rights of the other Owners and in accordance with the rules and regulations duly established from time to time by the Association, as provided for hereinbelow. 6, EASEMENT FOR USE 0F ROAD TRACT: Deelarant desires to provide to s and egress to his Building Envelope from a public road and Declarant hereby grants and assigns Eo each Orrner a perpetual, non-exclusive easement and right of way under, over, across and through the Road TracE fox the purpose (subject to the administration of the Association) of constructing, maintaining, repairing, enlarging and reconstructing a roadway thereupon providing vehieular and pedestrian ingress and egress between his Building Envelope and Lion's Ridge Loop, a public road located in Eagle County,Colorado. The easement and right of way hereby granted and assigned shall run with the land and shall be appurtenant to each Building Envelope, such thaE a transfer by an Owner of legal title to all or any portion of a Building Envelope shall automatically transfer a proportionate interest in the easement and right of way granted and assigned herein; provided, however,that no interest in the easement and right of way granted and assigned herein for the purpose of a roadway may be dedicated to the public or granted to a non-Owner without the prior \dritten consent of all Owners. 7 . ADMINISTRATION AND MANAGEMENT OF THE TMCTS: ThE Tracts sha this Declaration, the articles of incorporation and the bylaws of the Association. Each Owner shall be a member of the Association and sha1l remain a member until he ceases to be an Owner. Each member shall conply stricLly with the provisions of this Declaration and of the articles of incorporation and bylaws of the Association. Each member shal1 be bound by and shall comply with rules, resolutions and decisions of the Association duly made or adopted in the manner set forth in the Association's articles of incorporation or bylaws. Such rules, resolutions and decisions nray apply, without limitation, to the control and use of parking areas located on the Road Tract including, with-out liroitation, the designation of specific parking spaces to be used by speeific Owners to che exclusion of use by the other Owners. fbilure of the member to comply with such provisions, rules, resolutions or decisions shall be grounds for an action to recover damages or to obtain injunctive relief, or both, maintainable by the Association on behalf of the other Owners o::, in a proper case, by an aggrieved Owner. In addition, the Associationts bylaws may authorize the Association, during the period of any delinquency, (a) to revoke a delinquent Owner's rignt to use the Tracts and (b) to suspend a member's voting_ privileges; however, no such suspension shall affect the rights of a First Lienor. 8. MAINTENANCE AND REPAIRS OF THE TRACTS: The Tracts and improvemen servedr,managed, maintained (including, without limitation, snow removal and landscape maintenance), repaired, improved and replaced by the Association. However, if the need to make such repairs or maintenance results from the negligence or intentional act of any Owner, his family, agent or invitee, such Owner sha1l reimburse the Association for all the costs of repairing such damage and shall be liable to the other Owners for all additional losses or damages suffered, including reasonable attorney's fees. 9. ASSESSMENTS FOR COMMON EXPENSES: (a) Each Owner shall pay his pr ses, with sueh Pro rata share of each Owner Eo equal the undivided percentage interest in each and every Tract appurtenant to such Owner's Building Envelope, as specifically set forth in subparagraph 5(a) hereof. (b) The board of directors (the "Board") of the Association shall fix, determine, levy and collecE annual and special assessments Eo be paid by each of the Owners to meeE the comon expenses and to create a contingency reserve Eherefor. Pri-or to the beginning of each fiscal year of the Association, the Board sha1l adopt a budget for that year. The budget shall include, but shall not be limited to, an estimate of the costs of maintenance, repair and replacement of the Tracts and improvements thereon, the cosE of services Eo be provided,by the Association, the cost of insurance required by Paragraph 10 herein, and proposed capital expenditures. The budget shall include an adequate reserve fund for the maintenance, repairs and replacement of the Tracts and improvements thereon, in_order that suth maintenance, repairs and replacement may be paid for through regular installments ratsher than by special assessment. For the AsEociation's first fiscal year, tlre board shall adopt the budget at the first meeting of the Board and designate the date of connencement of the first annual assessment, with the costs for maintenance, repairs and replacement of the Tracts and improvements thereon and any reserve fund needed therefor based on- a good faith estimate of those costs; said estinate m9y be based-on the costs incurred by similar associations in the general locale. Thereafter, the cosE of maintenance,_repairs -and ieplacement and any reserve fund needed therefor shal-l be on the basis of the previous year's costs with such adjustments therefrom as the Board considers appropriate. The budget shall also include the annual assessment for each Owner. Special assessments may be levied whenever in the opinion of the Board it is necessary or advisable to do so (i) to meet increased operating or maintenance expenses or costs, (ii) to provide for additional eapital expenses, or (iii) because of emergencies; however, if the proposed additional capital expenses at any given time are in excess of 40 percent of the existing budget, such expenses may be incurred only after the Owners, by the vote of the Owners bearing at least 75 percent of the coumon expenses, approve such expenses. A11 annual assessments shall be based upon an approved budget; all other assessments sha1l be in itemized statement form and shall set forth the detail of the various expenses for which the assessments are being made. (c) The Board shall prepare and provide to each Owner a statement for the annual assessment and any special assessment againsE his Building Envelope. Annual assessments for the budgeted coumon expenses shall be paid in guarterly inscallments 'each such installment due and payable in advance on the first day of each calendar quarter, or more frequent installments as may be determined by the Board. Special assessments shall be due and payable as specified in the written notice of such assessment provided by the Board. (d) The Board shall have the right to add to any Owner's assessment, as provided in this Paragraph, those amounts expended by the Association for the benefit of any individual Owner, , -including but not linited to, fines (pursuant to rule adopted by the Assoiiation), repairs and replacements to the Tracts and/or inprovements thereon caused by the negligent or willful acts of said Owner, his family, guests, employees, licensees, lessees or invitees, and all other expenditures or charges provided for by this Declaration or the Association's bylaws. (e) If any assessment shall remain unpaid ten days after the due date thereof, the Board may impose a late charge on such defaulting Ovmer in an amount equal to 1.5 percent of such assessment. Likewise, a late charge equal to 1.5 percent of the unpaid assessment may be imposed on the first day of each calendar month thereafter so long as such assessment shall be unpaid. Failure to make paynent within 30 days of the due date thereof also shall cause the full amount of such Owner's regular assessments for the remainder of that year to become due and owing at once, at the option of the Board. In the event it shal1 become necessary for the Board to collect any delinquent assessments, whether by foreclosure of a lien hereinafter created, by comrencing of a court action (which may be brought by the Association without waiving the lien hereinafter created) or otherwise, the delinquent Owner shall pay, in addition to the assessment and late charge herein provided, all costs of collection, including a reasonable attorney's fee and costs j-ncurred by the Board in enforcing payment. (f) A11 sums assessed but unpaid for the share of coumon expenses assessed to any Building Envelope shall consEitute a lien on such Building Envelope and appurtenant interest thereto in and to the Tracts in favor of the Association prior to all other liens and encumbrances, except: (i) liens for general property taxes and special assessmenLs, and (ii) the lien of any first mortgage or first deed of trust of record encumbering such Building Envelope. The Association's lien shall attach from the date when the unpaid assessment shall become due and may be foreclosed by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof executed by a member of the Board on behalf of the Association setting forth the amount of the unpaid indebtedness, the name of the Owner of the Building Envelope, and a descripcion of the Building Envelope. If any such lien is recorded by the Association, the Owner shall be required to Pay the costs and expenses of the preparation and recording of the Association's lien, including reasonable attorney's fees, or $150.00, whichever is greater. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees. During the period of foreclosure, the Owner of the Building Envelope subject to such action shall be required to pay a reasonable rental to the Association. The Association shall be entitled to purchase the Building Envelope at the foreclosure sale, and to acquire, hold, lease, mortgage or convey Ehe same. 10 (g) No Owner shall exempt hirnself from liability for paymenL of his share of the coumon exPenses either by waiver of thL use or enjoyment of the Tracts or by abandorrment of his Building Envelope. (h) If involving a first mortgage or first deed of trust' sale or transfer of any Building Envelope as the resulE of court foreclosure, foreclosure through the public trustee' or any proceeding in lieu of foreclosure, including the transfer of a ileed in lieu of foreclosure, shall extinguish the lien of such assessments as to payments thereof for periods prior to such sale or transfer, but sha1l not relieve any former Owner of personal liability therefor. The mortgagee of such Building Enve_lope who acquires- title by way of foreclosure or the taking of a deed in lieu thereof, shal1 not, however, be liable for any assessment for periods prior to the date of its acquiring title and shall only- become liable for assessments for periods from and after the datL it becomes the Owner of such Building Envelope. No sale or transfer shall relieve such Building Envelope from liability for any assessments Ehereafter becoming-due or froq the lien thereof. In- the event of the sale or transfer of a Building Envelope with respect to which sums shall be unpaid by a defaulting Owner, except transfers to a First Lienor in connection with a foreclosure of its lien or a deed in lieu thereof, the purchaser or other transferee of an interest in such unit shall be jointly and severally liable with the seller or cransferor thereof for any such unpaid sums. (i) Upon written request of any Owner, mortgagee, prospective mortgagee, purchaser or other prospective transferee of a Building Envelope, the Association shaIl issue a written statement setting forth the amount of the unpaid cornmon expenses, if any, with respect fo such Building Envelope, the amount of the current monthly assessment, the date on which such assessment became or shal1 become due and the amount of any credit for prepaid expenses. Such statement, for which a leasonab_le fee may be tharged, is binding upon the Association in favor of any person who may rely thereon in good faith. Unless a request for such statement shall be complied with within 20 days after receipt thereof , all unpaid comon expenses which beeame due prior- to the date of making such request shall be subordinated to the lien or other interest of the person requesting such statement. (j) Any party in favor of whom a lien on a Building Envelope has been created may but shall not be required to Pqy any unpaid comon expense with respect to such Building Envelope, and upon such payment such party shall have a lien on such Building Envelope for the amount so paid of the same rank as the lien theretofore existing. 10. INSURANCE: (a) the Ownersf-The Association shall, on behalf of (i) provide and keep in force, for the protection of the Association, its officers and directors, and all the Owners and First Lienors, general public liability and property damage insurance against claims for bodily injury br death or property damage.occurring uPon or in the Tracts, in limits of not less than $1,000,000 for bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher limits shall at any time be customary to protect against Possible tort liability, such higher limits shall be carried; (ii) carry insurance in such amount as the Association may consider necessary or advisable against such other inburable hazards as may from time to time be conrmonly 11 insured against in the case of similar property in simi-lar locations elsewhere. (iii) carry directors and officers liability insurance in such amounts as the Association may consider necessary or advisable. (b) A11 insurance required to be carried under this Paragraph shall be carried in favor of the Association, Lhe Owners and all First Lienors, as their respective interests may appear. Each insurance policy shall provide that no cancellation tL-ereof nay be urade by the insurance carrier without having first given 30 dbys' prior isritten notice thereof to the Association, Ehe Owners and all First Lienors. Each insurance policy shall also contain a "severability of i-nterest" endorsement, which provides, in case of violation of any provision thereof by the Association or one or more (but less than all) of the Owners, that the coverage of such policy shall be suspended or invalidated only as to the interest of the Association or the Owner or Owners cornmitting the violation and not as to the interest of any other Owner. 11. APPOINTMENT OF ATTORNEY-IN-FACT: Each Owner by his acceptance vesting in him an inteiest in a Building Envelope does irrevocably constitute and appoint the Association with full power of substitution as his true and lawful attorney in his name, place and stead to manage' control and deal with his interest in the Tracts so as to Permit the Association to fulfill all of its and the Owners' duties, obligations and rights hereunder and, with full power, right and authorization to execute, acknowledge and deliver any contract' instrument of conveyance, proof of loss, release or other instrument affecting sueh interest of the Owner, and to take any other action, which the Association may consider necessary or advisable to give effect to the provisions of this Declaration.If requested to do so by the Association, each Owner shall execute and deliver a written instrument confirming such appointment. The action of the Association in settling any-claiut wlth respect to the Tracts shall be final and binding on all Orrners. No Owner shall have any rights against the Association or any of its officers or directors with resPect thereto excePt in case of fraud or gross negligence. 72, QUALITY OF WORK: Any repairs, renovation or restoration of tEE Tiacts or improvements thereon by the Association as attorney-in-fact for the Orrrners shall be done j-n such manner as to make the Road Tract or the Open Space Tract at least as valuable after such work as it was irmediately before the occurrence requiring the work to be done. 13. PROPERTY FOR COMMON USE: The Association may acquire and hold fffif all owners real property' as long as such real property is purchased at a foreclosure saIe, and tangible and intangible personal property and may dispose of Ehe same by sale of otherwise, and the beneficial intbrest in any such property shall be owned by the Owners in the same ProPortion as their respective interests in the cormon exPenses and shall not be transferable except with a transfer of a Building Envelope. A transfer of a Building Envelope shall transfer to the transferee ownership of the transferor's beneficial interest in such property without any reference thereto. Each Owner may use such property in accordance with the purpose for which it is intended, wiLhout hindering or encroaching upon the lawful rights of the other Owners. The transfer of title to a Building Envelope under foreclosure sha11 entitle the purchaser to the beneficial interest in such property associated with the foreclosed Building Envelope. L2 14. EASEMENT. LEASE. LICENSE AND USE 0F TRACTS. The Associatio giant by easement, lease, license or permit the use of, by less than all Owners or by non-Owners and with or without charge as the Association may desirable, any portion of the Tracts or improvements thereon any Building Envelope owned by the Association. The rights grbnted to Lhe Association in this Paragraph 14 shall only be used in the promotion of the collective best interest of the deem or Owners. 15. REGISTMTION BY OWNER 0F I'IAILING ADDRESS: Each Owner shall regi tion, and, except for monthly statements and other routine notices, all notices or demands intended to be served uPon an Owner shall be sent certified mai1, postage prepaid, addressed in the name of the Owner at such registered nailing address. A11 notices, demands or other notices intended to be served upon the Association shall be sent certified mail , Postage prepaid, to the address of the Association as designated in the bylaws of the Association. 16. EFFECT AND DUMTION OF DECLAMTION: The conditions,restrictio ements and covenants contained herein sha1l 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 2007 A.D., and thereafter for successive periods of 10 years each, unless this Declaration during any such period is terminated, as provided hereinbelow, by recorded instrument directing termination. L7. AIIENDMENTS: The conditions, restrictions, stipulationF,-T5-I@tions, agreeoents and covenants contained herein shall not be abandoned, teroinated or amended excepE by written consent of 75 percent of the Owners and 75 percent of the First Lienors, except (i) that the provisions of Paragraph 6 and subparagraph 9(a) may be abandoned, terminated or amended only upon such approval of aII Owners and all First Lienors; and (ii) that the provisions of Paragraph 3 and subparagraphs 4(a),4(i)(i), 4(i)(ii), 4(i)(iii) and 4(i)(iv) herein may be abandoned, terminated or amended only upon obtaining the additional approval of the Town of Vail . 18. EFFECT OF PR0VISIONS OF DECLAMTION: Each provision of this Decla ant, undertaking to comply with each provision of this Declaration and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Declaration: (i) sha1l be deemed incorporated in each deed or other instrument by which any right, title or interest in any Building EnveloPe or Tract is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptance of any right, title or intserest in any Building Envelope or Tract by an Owner, be deemed accepted,ratified, adopted and declared as a personal covenant of such Owner and, as a personal covenant, sha1l be binding on such Owner, his heirs, personal representatives, successors and assigns, and shall be deemed a personal covenant to, with and for the benefit of the Association and of each owner; and (iii) shal1 be deemed a real covenant by Declarant, for itself, its successors and assigns and also an equitable servitude running,in each case, as a burden with and upon the title to each and every Building Envelope and Tract. 19. ENFORCEMENT: In addition to any other rights granted herein, if any person shall violaEe or threaEen Eo violate any of the provisions of this Declaration, it shall be lawful for the Association, the Comnittee or any Owner to insEitute proceedings 13 at lalr or in equity to enforce the provisions of this Declaration, to restrain the Person violating or threatening to violate them, and Eo recover damages' actual and punitive, and costs together with reasonable aEtorney's fees for such violations; and in Ehe event of a violation or threacened violation of Paragraph 3 or subparagraphs 4(a), 4(i)(i)' 4(i)(ii), 4(i)(iii) or 4(i)(iv) herein, it shall be lawful for the Town of Vail to enforce such provisions as otherwise set forth above. 20. GENEMT:: (a) If any of the provisions_ of this Declaratiot-6-r any paragraph, sentence, clause, phrase or \tord, or the application thereof in any circumstance be invalidated, such invllidity shall not affect the validity of the remainder of this Declaralion, and Ehe application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. (b) Whenever used herein, unless the context shall otherwise provide, the singular number shal1 include the plural , the plura1- the singular, and the use of any gender shal1 include all genders. EXECUTED effective as of rne t1fr day of , 7987 LAI,{AR New BY: CAPITALCORPORATION, a TOWN BY: Rondall Phillips, Town Manager , Town Clerk )) ss ) fore orng instrument was acknowledged before me of , 1987, by Michael Lauterbach, Corporation, a New Jersey OF VAIL, COLORADO ATTEST: STATE OF COLORADO COT'NTY OF EAGLE The this l6tl.tr--day Vice President corporation. AS of trrlitness my hand and official seal . My cormission expir"s, 5\f 1fO oi5 \qo \C, \ eo tta,56- 14 I NTER- DE PARTMENTAL PROJECT: DATE SUEI4ITTEO: CCi'.;"IENTS NEEDED BY: BRIEF DESCRIPTION OF PUBLIC WORKS DATE OF PUBLIC HEARiNG Reviewed by: Comnents: Date FIRE DEPARTMENT Reviewed by: Conments: p^t"_Z-''/?'_U POLICE DEPARTI4ENT Reviewed by: Coftrrents: Date 'i;i. Reviewed by: Com:nts: Date