HomeMy WebLinkAboutELK MEADOWS SUBDIVISION COMMON 3oo
B. DRAINAGE REPORT
El,A.
oN NEFl./f rnc. I6, L9tJ7
Mr. Peter Pit tl-on'fown of V.riI
7 5 South Front:age lloa(lVaiI, 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 reqardirrgI 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: lTttncres- 'lllc Lotn l srrr-ta(:.r{l alr,;r oll lo,rri i r; a1,1rr-oxirrrirl_cIy t).9 .1(jrcwiLlr 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<1etrvelope..; (li.vitr(j a Lol-nI ol ;rpJrr oxi ntat_.rl y I.-4 ircl..cs of Llre t_ot__a ll'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 calrIroL 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 bylD.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_'ll-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 netcllalrge 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 LocaII-
since.rely,
I}ANNIiR AJ;SOCIATIiS , I NC .
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*",.JLC''.12;tc-u;,- . -,Don.rId G. PcLt-y(rrove, 1,.n"
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\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 tol-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-stjroa<l l-tr t-lrcl;cr l()l ri is n()lv allrlrl.'>:ill;rlcly 25 lo J0 ft:r:L ri()Ut.ll ofIlrc 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 {Jwltclc !.1c itnti('ilrirt.c tlrr. vr.lor:il icl; <:rrrrlrl ,rlrlrr o;rt.lr ll f or:1. 1r111scr:<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 lrcrlrLcrsccL.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 bei 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 -
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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 orDECI.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 UnitResidenrial Building
Envelope
Open Space Tract
Road Trac c
: These covenants and restrictions are
LOT DESCRIPTION
Building Envelopesr,2,3,4,5
Tract 1
Traet 2
made for the purposes- o-creating and keeping the Subdivision,insofar as possible, desirable, attractive, beneficial andsuitable in architecEural design, macerials and appearance,
guarding aBainst fires and unnecessary interference with thenacural beauty of the Subdivision, and providing ingress and
egress from all Building Envelopes in the Subdivision to a publicroad, all for Ehe mutual benefit and protection of the owners.
3. USES: Al1 Building Envelopes in the Subdivision shaIIfall within-t[e followine laiid use dbfinitionsi
4, APPROVAL 0F CONSTRUCTION PLANS; (a) No buildins orother stru@ected, or maintainEd on
any Building Envelope, nor shall any addition thereLo oralteraEion or change therein be made until compleLe plans andspecificaLions (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 exteriormaEerials, color schemes and Ehe location and the method ofutilization of all- utilities) have been submitted to the
Conmittee and by it approved in wriEing. In addition, each ownerthat 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 committeeprior to and during the prepirati':n of such plans andspecifications 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,
electricalwill 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 .BuildingEnvelope 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 PurPosesduring cons Eruc E ion.
(xxviii) P.ESTOMTION OR REPAIR Od IIIER ?ROPERTY p4!4{GED:D;rt; ;rlimiEed 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 instrumentdirecting 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 February27, 1990. Upon receiving the fax, I called Susan, your secretaryto tell her that I had concerns with your Letter. I believe you
need to do some additional researsh to deternine the status ofthe subdivision for this property. When I discussed this issuewith 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 aplanned developrnent zoned designation. In March, 1980 the PUDplan 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 theValley to be sold separately. I suggest that you review thisresolution 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 KRKristan 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 prelirninaryplan by Eagle County which zoned The Va11eyPlanned Developnent (PD)
County Conmissioners approve The VaIIeypreliminary plan and PUD. This approvaL isgood for three years. The approvalincludes L50 units on 6I.2 acres.
Eagle County Cornrnissionersr special neetingto confino Va}ley approval .
The VaLley preliminary plan and PUDapproval of July 26, 1973 expires. Some ofthe units are under const,ruction. The 120units that have not been buil-t will requirea ne\^r submittal starting with a sketch plan
and preliminary plan review (letter fronMs. Susan Vaughn, L977).
The vail Town Council sends a letter to theEagle County Conmissioners in favor ofextending the Valleyrs approval as J.ong as
development is carried out according to theprelirninary plan and recreation amenitiesare provided.
The Eagle County Comrnissioners grant anextension of the Valley prelirninary plan
approval . This approval would expire onJune 1, L979. If the approval expires, itwould be required that sketch plan andpreliminary plan review inforrnation besubmitted. Also, if any change is made tothe present p1an, it wouLd have to bereviewed by the County Comrnissioners.
Eagle County Commissioners review a sketchplan 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 landuse restrictions of 10 units and a total.
GRFA of 16,OOO sguare feet.
Resolution No. 80-20 allowed the phases ofThe Valley to be sold separately withoutany further cornpliance with the subdivisionregulations.
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 Commissionreviews a sketcb plan for Phase fff. ThePlanning Conunission suggests that the units
be tuclced into the hillside on thenortheast side of the project and that the
developer use berming and landscaping tobuffer the project. Staff recommendsapproval 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 layoutof the buildings toward the hillside. Vaitstaff also recognizes the steep hillside
and sensitivity of the neadow area. Letterfrom Peter Patten and Dick Ryan.
April 30, 1980: The Eagle county Comrnissioners reviews thesketch 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 Countyallowing three years for tbe developers tofile prelininary plans from the March 26,
1980 PUD plan approval date.
December L980: Ordinance No. 43 annexes the West Vail- areaincluding Phase IIf of The ValLey.
March l-7, 198L; The Torirn of Vail Council applies zoning toThe VaLley which was recently annexed. Theordinance was No. 13, Series of 1981.
March L5, 1983: Resol.ution No. 6, series of 1983. the TownCouncil approves rezoning of The Valley.
Sept. 11, 1985: The Valley is de-annexed from the Town.
Sunmer 1-986 A developrnent proposal is subrnitted toEagle County by Lanar Capital Corporation.fhe proposal begins with a sketchplan/prelirninary plan review.
Nov. 5, 1986 The Lamar Capital Corporation phase IIIproposal- is withdrawn from the County dueto cornplications with the tirne lines forreview and how they will relate to theproperty being re-annexed to the fown ofVail.
May 16.1986 A grading pennj-t is released by the Countyfor an access road into Phase III. Theapplicant 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 majorsubdivision and special developmentdistrict 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 RoadVail, 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 FrontageVail, Colorado
Dear Ron:
Road tfes
81657
I would like the Town of Vailportion of the old Valley atgreenbelt or park.
I understand that thjs property
of uni ts.
I am unabl e to seeat 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 westVail 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 TjossemP.O. Box 2975Vail, 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 thistirne, the project has Special Development District approvaLs which aredescribed in the attached ordinance No. 32. This project wasorig.inally developed under Eagte County at which tine Phase III (Elk
Meadows) was allowed L6,000 square feet of GRFA and a total of tendwelling 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 ResidentialCluster 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 Districtapproval obtained by Mike Lauterbach and Peter Kalkus is finalized.(Please see attached ordinance). However, the major subdivision wasnever 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 anda final- plat approval . If you wish to change the zoning, this willreguire one Planning Cornmission.review and thro public hearings by the
Town Council. I have enclosed inforrnation on the najor subdivisionprocess. rezoning, and Planning Commission schedules. Once you finishthe Planning Cornrnission process, the project would go to Design ReviewBoard. 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 tothe staff and approved.
rf you have any further questions, please feel free to give rne a calrat 479-2138. Thank you for being patient while the staff researchedyour guestion.
KP:1r
cc: Peter Patten
z
er
Sincerely,
t/ | 0't
1itif10n fcrTKristan 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' t99OAtloutrlt: 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_yourai-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 lrcttcE! 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-
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p\^* r-y.r \-Vre- €ottnd-g*-r5n NCv \ / lqbq
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\Ne G.rt-Q- Ur.rbnn\ V\unCro 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-
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e l5r lqqO-
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p.O" bX 2Fu-1';_
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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 MitigationEIk Meadows SubdivisionVail, CO
Dear Mike;
BANNEFI
As requested, I have reviewed the appropriate measures for themitigation of the rockfall hazard at the subject site. Thecurrent 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 sixvertical feet of wall is exposed on the uphill side- The
exposed face should be designed (preferably of reinforcedconcrete 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 ofthese walls should be similar to those shown in my letter of
July 3, 1986.
A11 other areas with uphill exposures should be designed towithstand a 2000 pound force as well. No windows should beplaced 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 aresignificantly lower than those which will impact the walI.
Insofar as possible, it is recommended that rooms with thegreatest occupancy be located away, from the upper stories andto the downhill side. A terraced floor arrangement appears tofit quite well at this site and will blend into the side ofthe hiIl better while providing less cost through reducedexcavation. 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
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Mr. Michael Lauterbach
February 23, L987
Page lllo I
BANNEF]
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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
*
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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 thereport by ourr structural engineer, Don Fettygrove, concer-ningthe rockf al l. mitigation +or the EIk Meadorls Sr_rbdi vi si on.
lpreer that if the design criteria presented.by Donpltttygrove 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
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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' !h1tportion 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 earliercorrespondence was intended to allow for offset floor elevationsin order to provide buildings which better fit the natural slopesof 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 HazardMitigation
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 Iha: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 tocont;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 345IVail, CO 81658
Re: Elk Meadows Subdivision
BAr *8095-05
Dear l4ike,
I have enclosed a reproducable mylar of the drainage plan foryour 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 ofprotection can be commensurately low also. If the design were toprotect absolutely against all possible events' it would beprohibitive 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
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Ir
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
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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 tostart the revegetation work, it is necessary that you first subrnityour proposal to the Town staff. I think it is great that you wantto clean up the site, however, it is important that the Planning
Department reviews the revegetation plan before you start work. Atthis point, there are several piles of top soil and some of the lowerportion of the road has been removed. Please do not do any furttrerwork until we get this issue straightened out.
According to the Pre-subdivision Improvements Agreement dated January25, 1988, the road is to be regraded and disturbed areas on theproperty revegetated. ff the work is not completed by Septenber 15,tlre Town has the option to draw a new letter of credit. The Towndoes not want to get into the position of having to do this work. wewould 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 thereview 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 wewill require that the road also be revegetated, I will need to talkto the other planners about that part of the proposal . cood luck!
Sincerely,
l{tit^"!,,hSenior Planner
KP:1r
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-
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 aletter from the State raising the fees very slightly that day. After a briefdiscussion, 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 theun.--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 thegeneral welfare of the citizens of Vail. Jay Peterson, representing Vail Run, askedthat 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. Avote was taken and the motion passed unanimously 5-0.
The fifth jtem was Ordinance No. 18, Series of 1987, first reading, amending theparking on private property chapter of the Municipal Code. Mayor Johnston read thetjtle 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 andthe motion passed unanimously 5-0.
The next item discussed was Ordinance No. 20, Series of 1987, first reading, makinga 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 rockfal'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 finalplat 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 planwill 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
_eppearifrTreetops
-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. enployeridenclfication number is 22-r972486 ; and
3.LAIVIAR CAPITAL CORPORATION ts office addressis 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. Thlsccr!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
"A3.77T0TAL 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 addressedas 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 OFA 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.
.2Va4"'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 covElAGECity, 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 otherdisbrict or incluslon in any qraLer service or street
inprovement area.
7. Right of Proprietor of a vein or lode bo extracb and remove hisore bherefrom should the same be found to penetrate orintersect 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 authorityof 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 orreverter 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 RidgeSubdivision, 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 YPage 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 ofE"gf: tlounty, Inc., as Lserow Agent, the items setforth beloar, tc E,e held subjec.t to the termE Endeondi tiorrs set forth herein.
Deposi tedr
$ I ,000.00
Instructions:
1. rf on or before .rury 15, r9gg, Escrow Agent receives writteninstruction from-both the undersigned that the trees have beenplanted per the Town. of VaiI ,s ,.{oir.rn rras. Escroh, Agent shal1disburse said deposit to Micbaet iauterUactr.
2. If on July 16, 1ggg, Escror., Agent is not in receipt of r.rritteninstruction pursuant to parag;aph l. above, Escrow Agent shalldisburse said deposit to the To"" oi v"if for the planting ofreguired trees.
FiLe No
Date:
3582-v
January 25, 1988
SteurErt Titte shalt be liable only fof its wiIIfuItacts and mi sconduct i n resf e"t - t" thi s agrFerrrerr t Eodshalr not be car.led ;;";-;;-;;";;.re sny ccntrtsctdepoeited h,ith it, and ehall a"-i*quired to act inr€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, orvclidi ry of eny ol- .tfre inr,runrlirs deposi ted hereundernor sharl i r be r11ure ;;;';;;,-i;:1 urfrich rrrey occur hyreasGn 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.dthe FErtiee hereto,
upon payr0err t of allthereto
nay be ,iL terad, -,.|d*atrriting onIy, signed by
apprc,ved t'y the Escrow
bt,
anE
,aLl of
Agent
nci den tfees, co9tE, end expenses i
No eEsj grttftErtt,, transt-er, or conveysnce oi anyright, 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 tunleEs wri tterr nc,tice thereor- shall be serued upon thFE:.erc,w Agent Errd aLl fees, c,lstE snd expenses irrcidentro sueh tranefer af intEreEt shsll have been paid,
Any noticE required or desired tcr be given byEscrow Agerr t to any other party to thie escrow niay begi uen by mai J. i rrg the ssnre to :.uch par ty at the adoressrrct€d EeLor..r, and notice so rnEiled shalt for allpurFoEes tre as ef r'ectual ae thcugh serviced upon suchparr? rn perEon at rhe tirne of depositing such noticein the nraiI.
The Eserc,u Agent shal.lfor any act it n,ay do or onri€'3ant, u,rhi Ie scting in goadItB c'brn E'eit judgEnrEnt, andit pursuant to thtl a,Jv i ee ofconelusi v e eeidenee of such
not be personally liablet to dD hereinurrder ag suchfiith and in exerei se ofany €ct done or orni t ted byits own Bttorney shalt begood 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 , theEEcrow Agent rnay d*paei t any morries depa=i ted hereunderor Ec much thFreof ee thEn re&ming in ite hgrrds, withthe rllerk urf the District cc,urt of rhe county oi Eegle,gt€ta of Colorado, End fir€ly irr tErF,IEl€d tFre Fartieshe,reto. Upan :c, depo=i ting euch moni*s ;,nd f iling i tsconipJ.aint irr intr--rFleader, the Escror.l Agu.n t .-hEII berelr-'aeed f rorrr ar.l t j gtii 1i ty under the ternrs hereof astn the rnoni L:s so de,poai ted. The parties hereto, f orth*niEslveE, thei r hei r.s, EUcces*ors, and assi gns, doher*by gubnri r th*rns*Lues to the jurigdiction Jr iarotlourt arrd do hereby appoirrt sEi,J tllerk oi the rlourr agthrir Agent for eeruice or- aIl procegg irr eonnectionui 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^rby rhe Es.crow Ag,_=n t , the urrdersi gn*d sgree to pay theEscr'-rror Agr'nt i ts eherge hereundei and to indernni iy andh*ld it hsrrrrlegs as ro any liahility incurred by it tosnll otner pErEon c,T corporation by reason of i tg havirrgaeceF ted ths eEeror\, c,r i n eBnneet i orr herewi th r snd toTelrrburgF i t f or aIl its e>(pFnEes including, Entongo thet" thr,gE, Etttlrnay r'*es .3nd trou).t ccsE incurred inconrreet 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,lhichSter'rart Ti tl* prEvsil-e; Er,d the h*crow Agerrr shElI h.Bvee f i r-*'t end prior lien upon arf dL-apoei t5 mtsde hereundsrro :.eCUre the perf OrmBn,:F of *ai d egreerren t ofindarnni 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 bebi 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 hereunrolrritut^€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 PostOtto, Peterson and post
P.O. Box 31-49VaiI , Colorado 81659
Re: Elk Meadows Subdivision
Dear BiIl:
r- received yguT letter dated November 3rd. concerning the ErkMeado!'rs subdivision. rn your letter you state that at theauction you will be offering rots for sale. r fert that rshould ivrile you a letter to make sure ttrat you are aware ofthe fact that therg are no lega1 rots at thi-s tine, as thesubdivision has not been recoided wi-th Eagle cou;ty.
If y"l have any guestions about this important detail, pleasef,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 RoadVail, 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 (therrLotslr) 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 ofthe Lots at the Auction and deterrnines toproceed 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 andproceed 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 ordetermines 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 complianceshall be accomplished by delivery of a bid forrrWork 2rtr as defined in such Agreement, signedby 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
wJPlcdbcc: 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 StreetMorristown, Nelr Jersey O?gGo
Re: Elk Meadows Subdivision
olllce of communlty deYelopmenl
Dear Peter:
over the past sunrner, the Town of Vail communitsy DevelopmentDepartnent has been working wittr your project representative,Mr. Michaer Lauterbach, on the Elk t"teadowl suuaii'ision, tn inespring, Mike received a perroit from Eagle county arrowing forthe construction of a portion of the access road into El.ilteadows. Under the Town of VaiI subdivision process, adeveloper wourd not begin construction on the subdivision roaduntil the project had been given final approval . Due to thefact that_this property was in the countfand under theirjurisdiction, Mike was able to begin conitruction on the road,onee the project r,ras back in the town's jurisdiction, it wasnecessary to complete the final approvaL of the subdivisionbefore any general subdivision i-mprovernents could be made.
?he staff had a verbal. understanding with Mike that Lamarcapital wourd provide a letter of ciedit to cover regrading andrevegetating 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 companyrsdecision is on finarizing and recording the iubdivisionl ThePlanning and Environmentil comnission ilso inciudea trrereguirement for a pre-subdivision improvernent agreement intheir motion for finar approval of tire Erk Mead6ws subdivision(8/24/87r - staff is concerned that adeguate funds be availableto cover costs to return the land to itJ original condition ifthe project does not proceed.
Today, f was inforned by Mike that he is no }onger working onthe project. For this reason, I am writlng this tetter to
encourage your corporation to provide the letter of credit tocover regrading and revegetatlon work in the area of the road.I hope that you will see fit to provide the l.etLer of credit asoriginally agreed upon with Mike. It would be a shame to leavethe neadow in its present state if the proJect does not go
forward.
If you have any guestions about our concern, please feel freeto 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, Seriesffiojns.
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 offfig.
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 toprovide that nembers of the Planning and Envjronmental Commissionshall 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 andreenacting Chapter 3.40 Sales Tax of the Munjcipal Code of the Town ofVaii, Coiorado to provide for the sel f col lection by the Town of Vail ofthe 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 OevelopmentDjstrict (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**""'.ttConmunity Development Department
-+€su€tia-rea? Qk^L t, t{E?
SUBJECT; Amendments to Special Developnent District #16, Elk
MeadowsApplicant: Lamar CapitaL Corporation
on July 7, !987t the ordinance approving the SpecialDevelopment District for Erk Meadows was given- final approvalby the Town Council. The planning Conuni.ssion may approveminor changes to a special developrnent district.* ThL reguestedchanges 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 ffidensity of the subdivision. The total rlnit nurnber is beingdecreased from 9 to z units. 1"0 units are actually a11owe5.under the original zone designation. The project would trave7 single dwelling units instead of 2 duprex uiits prus s singrefanily units. The GRFA for the project-wou1d change to 2,296sguare feet for each single faurily unit instead of L,777 GRFAper unit. The total GRFA allowed for the project is 16,000sqluare feet- The total GRFA proposed would be L5,995 squarefeet.
STAFF RECOI4MENDATION
staff recornmends approval of the amendments. our opinion isthat the decrease in density should be vier^red. as a iositiveinprovement due to the sensitivity of this site. Altached totlris merno is the revised special Development District #l-6ordinance. Please note that additions Lave been typed in allcapital letters and underlined. A line is drawn tlrioughportions 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
MeadowsApplicant: Lamar Capital Corporation
On July 7, 1987, the ordinance approving the snecial
DevElopment District for EIk Meadows was given final approvalby the Town Council. The Planning Cornrnission may approveminor changes to a special development district. TXg_pgCreviewed 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 be33 feet for a slopingroof.
Building Height.nuilding Eelgrnt shal1not exceed 33 feet fora sloping roof.
2t285 per unit
Essentially, the applicant is requesting to decrease thedensity of the subdivision. The total unit nurnber is beingdecreased from 9 to 7 units. 10 units are actually allowedunder the original zone designation. The project would have7 single dwelling units instead of 2 duplex units plus 5 singlefamily units. The GRFA for the project would change to 2,2a5square feet for each single farnily unit instead of L,777 GRFAper unit. The totat GRFA allowed for the project is 16,000square feet. The total GRFA proposed would be l-5,995 squarefeet.
STAFF' RECOMMENDATION
Staff recommends approval of the amendments. Our opinion isthat the decrease in density should be viewed as a positive
improvement due to the sensitivity of this site. Attached tothis memo is the revised Special bevelopment District #16ordj-nance. Please note that additions have been typed in allcapital letters and underlined. A line is drawn thioughportions 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-
It 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.
'tnd.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,
oo
ffiffi-u-d*qff
1. Subdividerplat (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 coSubdivider. 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, addirional30 days ro Loroplete trrtork i-.ia-t."e reEurned the g2,500.00 hetdby Town. rf sirraiviaei--r"il"*ro co*prete hrork 1 in suchaddirionar 30 days, Town "trrrr-i"mprLie-wr;k-i iittr suctr parr ofthe $2,500.00 escror.r- as is ,r""a.a, yltlr the balance of such fundsbeing returned r?^!u!givia"rl-Jrri,- Sz, jooloo-J"lrored funds shallbe 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 inexcess of the $2,500.00 escrofi"J r""a"--' -yerevL
4. If the plat is not recorded in the real propercyrecords of Eaele counry, c;io;;d;, on or befoie-ieprember 1,1989, Subdivider agrees to complete, at its sole cost andexpense, on or before. Septembei rs, 'rgag, *in-I-iooa
a'aworkmantike manner-, lle i";;;;;"ii6n-oi-ir,""nJ.E]' suchrevegetarion ("work 2") shali con_sisr "r-i'i"iiii of exiscingtopsoil and seeding (witho"i-"ii., or similar cover) withindigenous species"ri d;;;;"1 ---
5. To secure and guarantee. Subdivider,s performance ofwork 2, subdivider ag_reei ro proviae-;;;;;i;y".I=io*r, in rhe formof 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"" ,osubdivider. rn rhe evenr Ehar'.n" Frit-r;;;i ir"r""ord"d andwork 2 is nor oerforPed uv-d"i.J;b.;-i5,-igiii; i;"" shall givewrirren norice ro _s_ubdivie";-;i:uch even!, sraring in derail rhespecific parrs of work_ z ;;t, tlrior*"a. aitei-ilceipr of suchnotice' subdivider shalr rt"""'""-.daiiional-;0 a;;" ro compretework 2 and have rerurned-irr" SIloo0.00-;;i; ;; il*". rfsubdivider 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 elcrowas is needed' i'ittr^trte-uaran;;"oi such funds being returned tosubdivider. rhe 93, 000.00-;;;';;"e-;;";;";;.ii-il8,,,""a by rownfor.no- purposes otfr6r ih; ;;;iltio' of work 2. subdividershall have-no furrher ourig"iiSi-wirh respecr to vJork z in excessof the $3,000.00 escrowea Funasl '
6. Town agrees that Subdivider, at Subdivider,s sole9i::.::l:l_,_ nay it.any rine substit..,,t6 i;r-;i;;;i or uorh of rhecash escrows suppried-hereunder an uncondit.ional anir i;;;";;";i;letter or letteii-or cieJit i;;*-; rinancial-ir,"rlt'tior,. upondeliverv of such Je!!er oi-r"ii"r". .i.;;;di;,-trh;-;;Jfr"il"i,r!"""subsrirured for sharr irr"ai"i"ii"u".rJiir""i iy=rown roSubdivider.
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uilo.ni".n of 0o^o$q,D, fondtl*o
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IN WITNESS
""Urygl^:hip_Agreernenr is execured effecrive asthe date first vtTrt-Ecen above.
LAI,IAR CAPITAL CORPOMTION, ANew 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-,auterbachP.O. Box 345LVail, Colorado 81658
Re: Elk lteadows subdivision Road & pre-subdivision Agreement
Dear Mike:
on Jury 20, L987, a meeting was held at the Erk Meadows Roadwith you, Jerry Bestr, Gary Murrain, and nyself. We had agreedthat you wggrd provide the town of vail wittr an enginetri;----report on tbe cornpaction for the road. At this tiie, we havenot received anv infornation on the conpaction. The Town staffwill also need i survey showinj the existing road arignment andits rerationship to the Elk Meidows subdivi6ion noaa. At thesrEe vls1t, r-t became clear that the road does not natchexactly the road described on the Eagle County perrnit.
rn order for the Town of Vail to take over the building pennitfor the road, we must reguire that you subrnit:
1. The Engineerrs report on the compaction of the road2- A sufvgy.of the_existing road anh its reliti-nship to thesubdivision road.
until we receive this information, the road will stilt be underthe 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 rmprovementsAgreement. r nould rike a signed bid frorn tn" c'"ntractor whogave you the estimate for the revegetation work. r would alsolike to_know why ,straw or similar coverr is not inctuded withthe seed- usually the straw is incruded to prote-t the seed.'
Larry Eskwith also.has a-copy of the aagreenent. If anychanEes in the wording of ttri document ire necessary, r wir retyou 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 lturrainJerry Best
5 \ lc L.,,,.,-
\\i''L-"
-
Planning and Environmental Commission
August 24, L987
PRESENT STAFF PRESENTJ.J. ColLins
Diana Donovan
Peggy osterfosssid schultz
Jim Viele
Peter Patten
Tom BraunKristan PritzRick 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 theminutes. ?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 criteriaand findings for a conditional use pernit. The staffrecommendation was for approval with three conditj-ons. JoelFritz, the applicant, stated that with respect to snow renoval,the area would probably be used in spring, rather than inwinter, but the barrier is rnoveable. He felt that he wouId.rather deal- with the snow removal hirnself. Kristan felt thereshould be an agreement. in writing concerning snow removal .
Diana felt Condition #I was irnportant concerning putling thepatio back to allow for a L5 foot access way. JoeI mentionedthat the southwest corner was often moved for special events inthe area. He would try to put it back to allow for a L5 footspace.
J.J. Collins moved and Diana Donovan seconded to approve therequest for the conditional use perrnit per the staff memo datedAugust 24, L987 including the three conditions of approval .
1-. The southwest corner of the dining patio will be pulledback to allow for a L5 foot access way from the ed.ge ofthe patio to the curb of the Lionshead Arcade.
2. The applicants will nake the necessary changes to the snowremoval agreement with the Town of VaiI to allow for thepatio in the winter tirne. Any changes to the snow removalagreement must be approved by the Lionshead Arcadeproperty owner as well as the Vail 2l-2 owner.
I
3. rn the event that utility work is required in the area ofttre patio, the applicants agree to a}Iow for theconstruction. At this time, however, staff is unaware ofany utility easernents in the plaza area (according toLionshead lst Filing subdivision and r,ionshead Mal-1 BaseMap check).
The vote r{ras 5-0 in favor.
final platreview and a variance to
thrr for Elk Meadows
2.
SubdivisionApplicant: Lamar Capital Corporation
Kristan Pritz exprained the.reguest and listed. changes on thememo for the final plat review. The five conditions ofapproval were discussed. The staff recommendation was forapprovar of the major subdivision. Kristan ttren l_isted. changesin the reguested arnendment. she showed site plans regardingthe variance req[uest and reviewed the variancl criteria. sfaffrecommended approval and felt that speciar circumstanceswarranted 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 wasactually less than that provided because it lras a private i"ia.;r.J- wondered about the issue of the road being extended tosubsequent phases. peter replied that if this-were to becone apublic road, the issue courd be dealt with at that tirne.
Diana Donovan moved anil sid seconded to approve the request fora variance to the road with the staf f nem-o- with the f iriaing orspecial circumstances. The vote was 6-0 in favor.
Diana moved and sid seconded. to recornnend. to Town councilapproval of the requested arnendment with the change of word.ingshall rrnot exceed" in the height section
,t.J. stated that he sti11 had many of the same concerns trehad before concerning mitigation, conflicting letters in theErR, Town liability, etc. peter said that tie retters mostrecently received nade the staff feel much nore comfortablewith the mitigation sorution. He added that two rna:_n pointswere that rnitigation measures are for buildings, not lind., andthat Nick Lampiris stated that it was highly rinusual to havenitigation on LOO? of a subdivision.
Larry Eskwith stated that at first it was his desire to havethe whole subdivision__mitigated, but that it was really abalancing guestion. He added that in reality the georigic
hazard "-r .t less than shown or tn" fr. More d.iscussionwith J.J. on this issue followed. Kristan read a letter fronlampiris which stated that in his opinion this was not a highse-verity rock fall area. J.J. stated that now each person couldfind an engineer who would require less mitigation.
Larry stated that to tell a developer he could not build on hisland could result in a law suit. He felt the Town had lookedat both sides and had come to a solution they felt comfortablewith. J.iI. still feLt tiSL/49 on the uncornfortable side.,f
The vote was 4-1 in favor, rrith J.J. voting against because ofhis concern about the safety issue with reipeit to rock fall.
Diana rnoved and Peggy seconded to approvethe major subdivision. The vote was 4-Lagainst for the same reason above.
the final review ofwith J.J. voting
4. A r-egyest to ?meng SDD #5 (VaiL Villaqe fnn) to add norergtail Fpace !o phase rv and to@circulation plan,
ffistaufer
Tom Braun explained the reguest and showed site plans andelevations. There were three requests, to delete a portion ofthe sidewalk, to add retail space and to expand. a palio areawhich would result in a decrease of green space. The staffrecommendation was for denial except for the patio area withthe condition that there be assurance of adeguate space leftfor pedestrians.
Discussion about the patio followed. Diana felt it would. notbe inviting to walk through tab'les. peter agreed. and. suggestedthat there be some type of physical separation to denote-publicwalkway.
Saundra Smith, architect for the applicant, discussed thesidewalk situation and stated that the plan was to bury thegravel ditch and put the sidewalk in later.
As for the dining patio, saundra stated that it was not knownwho the tenants would be, but the owner would like to see adining patio allowed, and a pedestrian path would stillremain.
saundra pointed out that the entry to the praza was four feetwider than originally proposed, aird thus it woutd only bereduced three feet in width from the original plan.
Diana felt the arcade added to the architectural element by itsshadows and was important to the appearance of the buildin!.
She felt the sid.ewalk needed to be done now. $Iith respect tothe patio, Diana stated that she was specifically told that thetrees wouLd stay, but now she had seen some trees removed. Shecourd not see taking any more landscaping from the corner for adining patio.
sid agreed that the sidewalk was important and was needed now.With regard to the arcade, he felt it was irnportant to keep thearcade to get people back to other phases of the Wf, plus itoffered shelter at the bus stop. Concerning the patj.o, he hadno problem with it if there would remain a real leparation forthe pedestrians.
Peggy felt somewhat favorable to enclosing the arcade, as shefelt people did not see retail windows ttrat were 7 feet backfrom a pedestrian !,/ay. She felt the sidewalk should not bepostponed. she felt the corner lrhere the patio wourd be was areal1y important corner and it should remain a very publicarea so anyone could sit at the tables.
Peter agreed with Diana and peggy regard,ing the use of thepatio. He felt it would be difficult to regulate the use onprivate property, Diana felt this could. be a restriction ofthe SDD. Tom suggested a pedestrian access through the patio.Diana felt people would not use a 5r width through a priiratepatio. Sandra stated that she would like peopLe to wllk nextto the building. Peggy felt that ]-or - t2r in width wasnecessary for the pedestrian way.
J.J. felt the arcade should remain. that there should beintense landscaping at the corner and a traffic pattern shouldbe 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 of3l-5 square feet that the staff had no problem with.
J-J- rnoved and Diana seconded to deny the request to delete the65r of sidewalk. The vote for denial was 4-O-1 wi-th Vieleabstaining.
Diana moved and Peggy seconded to approve the addition of theloft area. The vote was 4-0-l_ for approval with Vieleabstaining.
Diana noved and Peggy seconded to table the arcade and patioissues. Peter stated that direction was needed from the prc resize and location of the sidewalk. J.J. felt the applicantmust come back with a specific design. peggy fel_t it wasinportant that there be an adequate berrn ana-that the cornerlook 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 useps)r$l_r. to arl_sry for agdj_tj.ons to the plaza Lodge.Applicants: Plaza LoQge Associates, Mr. and Mrs. OscarTang.
Tom Braun explained the changes requested and reviewed thecriteria for exterior alterations and for conditional uses andstated that the staff recorrmended approval of both. Theconditional use was for rernoval of ln acconmodation unit on thesecond froor. Tom added that the applicant would restrict 7units to the existing use restrictions outlined in sectionL'7.26.075 (condo conversion regulations). These units arespecified on plans filed with the Department of CommunityDevelopment.
craig snowdon, representing the appricant, showed el-evationsand.a_n9-del and pointed out the exterior changes. Jay petersonstated that the building could have been totailycondominiurnized, but the owner wished to renovale, but stilloperate as a lodge.
Bill Anderson of Beck and Associates explained the constructionschedule. Peggy felt the changes were positive, but hadconcerns about the gas meters not being screened and thed-ownspout needing to be moved further back. craig respond.edthat they would screen the meters and move the d.ownspout,
More discussion followed. Diana felt that it was a good ideato clean the windows even during the construction. niffagreed.
iI .;r. moved and Diana seconded to approve the exterioralteration and the conditional use ieguest re the staff memosdated Augarst 24 with the stipulation €nat the windows becleaned by Novernber 2L and the gas rneters be screened and thedownspout 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 reguiredway width for a minor/private road.Applicant: Lamar Capital Corporation
r.DESCRIPTION OF VARIANCE REQUESTED
The applicantright-of-wayfeet.
si$$
40 foot right-of-
required
which is 40rivate street is de ed as rrthose
carry fewer vehicles than loca1through traffic.lr (Sectionis distinguished from a d.rivewayprivate access for one or two
The subdivision has been designed to provid.e the reguiredpaved 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 thesubdivision. The phase rrr parcer is ippioxinatery zs reetin widtt' i. thfE-E&l-
II. CRITERIA AND FINDINGS
Upon review of Criteria and Findings,the rnunicipal code, the Department ofreconmends approval of the reguestedfollowing factors:
Consideration of Factors:
is reguestinq a variancewidth for a rninor/private from the
roadway
used pr
right-of-way.or streets-scfe-6f3-I-lley do not carryL7.28.32O) A minor streetin that a driveway providesdwelling units.
Section LA.62.060 of
Community Developmentvariance based upon the
The relalio{rship of !he. requested variance to other existingor potential uses and str
Thethis
o.
easement andthe south.
an adequatethe property buffer arealine and the
negative impacts frornuffer of
. rt is felt
between the road
adjacent property to
staff findsvariance on
that there
adjacent
will be nopropert j-es.
rl
I
e roadway easemen
t
treatnent amongl sites in the vicinffiheobiectives o e without qrant of specialprr-vJ-1ege.
Staffrs opinion is that some relief from the 4p_footirement is of the parcel
safety.
The roadway has beensafe access into theturn-around areas forto meet Town of Vailhas also recommended
Such other factors and criteria as the cornrnission deems
dqeoloqicallv sensitive areas. A najority of the- road-can meet the 40 foot right-of-way width. The only area thatis too constrained to a1low for this right-of-way- is in thesouthwest corner of the property. The portion oi the roadthat does not rneet the 40 foot right-of-way reguirernent isapproximately 70 feet in length. Staff believes that somer-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-TiaffIEfacilit c
The deqree to which relief from the strict and literalint"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 thefollowinq findinqs
That the granting of the variance wirl not constitute a grantof special privilegie inconsistent with the lirnitation= oiother properties classified in the same district.
That the granting of the variance will not be detrimental tothe pubric health, safety or welfare, or materialry injuriousto properties or irnprovements in the vicinity.
That the variance is warranted for one or more of thefollowing reasons:
l
The strict or literal interpretation or enforcement ofthe specified regulation would result in practicaldifficulty or unnecessary physical hardship inconsistentwith the objectives of this title.
There are exceptions or extraordinary circumstances orconditions applicable to the same site of the variancethat do not apply generally to other properties in the
same zone.
The strict interpretation or enforcement of thespecified regulation would deprive the applicant ofprivileges enjoyed by the owners of other properties inthe same district.
IV. STAFF RECOMMENDATION
Staff recornmends approvaL of the reguest based on the opinionthat there are special circumstances which warrant theapproval 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 finaLpLat (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 whereinSubdivider shal1 agree ald guarantee that certain inprovementswill be done in the Subdivision, the terms of which bgreementhave 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 revegetationadjacent to the Road occurs regardless of whether or not the Plati3 placed of record.
5. Town desires to assure itself thaE in the event thePlat. is not placed of record by September 1, 1989, EhaE certainregrading and revegetation of the Road itself occurs.
RECITALS
AGREEMENT
In consideration of fhe recitals and the mutual covenantscontained hereinafter, the parties hereto hereby agree asfollows:
1. Subject to and conditioned upon Town and Subdividerentering into a Subdivision Improveuents Agreement for theSubdivision mutuall$ satisfactory to both parties, Town herebyapproves the Plat.
2. Subdivider agrees ro complete, at its sole cosu andexpense, on or before September 15, 1987, in a good andworkmanlike manner, the ievegetation of the areis in theSubdivision adjacent to the Road sEt thaL were disturbed byconstruction of the Road. Such revegetation ("Work 1") shallconsist of grading of existing topsoil and seeding (with straw orsimilar 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 ProPertyrecords 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 formof 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 solediscretion, may at any time substitute for either or both of the
cash escrows supplied hereunder an unconditional and irrevocableletter or letters of credit from a financial institution. Upondelivery of such letter or letters of credit, the cash beingsubstituted 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 anyofficer or employee thereof, be liable or responsible for anyaccident, loss, or damage happening or occurring to the workspecified in this Agreement that is performed by Subdivider, norshall Town, nor any officer or employee thereof, be liable for
any persons or property injured by reason of the nature of saidwork, but all of said liabilities shal1 be and are hereby assumedby Subdivider. Subdivider hereby agrees to indeurrify and hold
harmless Town, and any of its officers, agents and employeesagainst any losses, claims, damages, or liabilities to which the
Town or any of its officers, agents or employees may becomesubject, insofar as any such losses, claims, damages orliabilities (or actions in respect thereof) that arise out of orare based upon any work performed by Subdivider hereunder; andSubdivider shal1 reimburse Town for any and all legal or other
expenses reasonably incurred by Town in connection withinvestigating or defending any such 1oss, claim, damage,liability or action. This indeurrity provision shall be inaddition 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 instructionsdeiective 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;fopdthe repair or replacement by the Town Engineerff Such work shall etl ,'rtuEne rePar-r or replacemenE Dy Ene rown l-n8]-neer;c Ducn worK snall Q,,,tMbe 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'_uUin 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,$'Uzu'roD\n Tol',"tr4
IN WITNESS WHEREOF this Agreement is executed effective asof 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'frggr*ty
accldent, loss, or damage happening or occurring Co bhe $orl(
speclf,led 1n t'his lg6qsment, pEior to t'he _conpletion and
TZQrAacceptance 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 holdl/'nharnless 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 Eheparcel, 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 ttet --€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 eheoriginal 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 , t0cthat of rhe subdivider heretn and the instant subdivisron
fmprovements Agreernent,. For.thts puEpose, the orlginal
- 9-
OR4F7Qrrpe ?-/f_gz
PRE-SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT dated August 24, 1987, is enrered intobetween 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 finalplat (the "Plat") of Elk Meadows Subdivision (the- "Subdivision").
2. The Plat is acceptable to Town provided that Subdividerand rown enter into a subdivision rmprovenents Agreement whereinSubdivider shall ggree- and guarantee- that certai; improvementswill be done in the Subdivision, the terms of which igreementhave not yeE been agreed to.
3.- There presently exists in the Subdivision a graded butunpaved road (the ttRoad").
4. Town desires to assure itself that certain revegetationadjacent to the Road occurs regardless of whether or not the platis placed of record.
5. Town desires to assure itself that in the event thePlat is not placed of record by September 1, 1989, Ehat certainregrading and revegetation of the Road itself occurs.
RECITALS
AGREEMENT
In consideration of the recitals and the mutual covenantscontained hereinaft.er, the parties heret,o hereby agree asfollows:
1. Subject to and conditioned upon Town and Subdividergn-tgTilrg.into a Subdivision Improvements Agreement for theSubdivision mutually satisfactory to both parties, Town herebyapproves the Plat.
2. Subdivider agrees to complete, at its sole cost andexpense, on or before September 15, I9B7 , in a good andworkmanlike manner, the revegetation of the arels in theSubdivision adjacent to the Road and rhat were disturbed byconstruction of the Road. Such revegetation (,'Work 1") shallconsist of grading of existing topsoil and seeding (with straw orsj-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 formof 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 toSubdivider. 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 thecontrary, 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 formof 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 thespecific parts of Work 2 not performed. After receipt of suchnotice, 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 toSubdivider. The $3,000.00 escrowed funds shal1 be used by Townfor no purposes other than courpletion of Work 2. Notwithstanding
anything contained in this Agreement to the contrary, SubdividershalI have no obligation with respect to Work 2 in excess of the
$3,000.00 escrowed funds.
6. Town agrees that Subdivider, at Subdividerrs solediscretion, may at any time substitute for either or both of the
cash escrows supplied hereunder an unconditional and irrevocableletter or letters of credit fron a financial institution. Upondelivery of such letter or leLters of credit, the cash beingsubstituted for shall ium.ediately be returned by Town toSubdivider.
7. Prior to the eompletion and acceptance of any workperformed by Subdivider hereunder, Town shal1 noE, nor sha11 anyofficer or employee thereof, be 1iab1e or responsible for anyaccident, 1oss, or damage happening or occurring to the workspecified in this Agreement that is performed by Subdivider, norshal1 Town, nor any officer or empl-oyee thereof, be liabIe forany persons or property injured by reason of the nature of saidwork, but all of said liabilities shall be and are hereby assumedby Subdivider. Subdivider hereby agrees to indemnify and holdharmless 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 becomesubject, insofar as any such losses, claims, damages orliabilities (or actions in respect thereof) that arise out of orare based upon any work performed by Subdivider hereunder; andSubdivider shal1 reimburse Tovm for any and all legal or other
expenses reasonably incurred by Town in connection withinv-estigating or defending any such loss, claim, damage,liability or action. This indenniry provision shall be inaddition to any other liability which Subdivider may have.
8. There shall be a one-year correction period from thetime of completion of the work ieferred to in tiis Agf,eement,during which time Subdivider shall prourptly correct or remove andreplace, in accordance with the Town's written instructions,defective work or materials and consequences thereof. Repair orreplacement made under the one-year correction period shall bearan additional one-year correction period from the acceptance ofthe repair or replacement by the Town Engineer. Such work shallbe inspected approximately 60 days prior to the expiration of theone year correction period, and any deficiencies shall be notedto Subdivider.
9. Subdivider shall, at all times during the workspecified hereunder give good and adequate wari,ing to thetrav-eling public of each and every dan5ierous condition existingin_the Road, arrd will protecf the traveling public from suchdefective or dangerous conditions. It is understood and agreedchat, until completion of all the work herein agreed Eo beperformed, the R.oad, if not accepted as improveE, sha1l be underthe charge of Subdivider for the purpose of this Agreement.
rN wrrNESS WHEREOF this Agreement is executed effective asof 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 SpecialDevelopment District for Elk lqeadohrs was given final_ approvalby the Town Council. The Planning Cornrnission may approveminor changes to a special develoinent district.- The requestedchanges 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 thedensity of the subdivision. The total unit nunber is beingdecreased from 9 to 7 units. L0 units are actually allowedunder the original zone designation. The project would have7 single dwelling units instead of 2 duplex units plus 5 singlefamily units. The GRFA for the project would change to 2,285sguare feet for each single farnily unit instead of 1,777 GRFAper unit. The total GRFA allowed for the project is 16,000sqnrare feet. The total GRFA proposed would be 15,995 squarefeet.
STAFF RECOMMENDATION
ndments. Our opinion isthat the decrease in density should be viewed as a positive
J.mprovement due to the sensit,ivity of this site. Attached tothls merno is the revised Special bevelopnent District #l_6ordinance. Please note that additions have been typed in allcapital letters and underlined. A line is drawn thiouqhportions of the ordinance that will be omitted. The oiiginalordinance creating the sDD is also attached to this memo forcomparison purposes.
v u q,y,lDfuffi
\0(04*r r*r/ Q!9
Plannins and Environmentat commissior t\ fr!!_Wf*"-
community Developrnent Departmenr " ry&r6uhJAusust 24, LesT -q-\ " S^[f
Amendments to special Development District #16, Elk$tDdMeadows - ^--i!-' \1{'JxApplicant: 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
Irjvrew:
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 ANDPLAN. 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.
0th8.
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 unitu/l' . "*-rJrlJB ^o'. 4. .4+ .0483 acres, 1 single fami1y unit
0.\\- ^M.lr.trA \ E .+e.0929 acres, f_dtfl€*++* 1 SINGLE FAMILY UNITrlv" v
l' 6. .€&.0641 acres, t...d{f]+|(-t*+i+ I SINGLE FAMILY UNIT
iI 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*
lrb. 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
nc. 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-slqor 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 majorsubdivision review by the Planning Commission on June B,L9a7. Since the PECrs review, the following minor changeshave 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 fromand 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 9to 7.
dwelling units has been decreased.
The square footage for Tracts I and 2 and each of the7 building envelopes has been adjusted in thefollowing manner:
Building Envelopes
original
No. I .07 acresNo. 2 .O7No.3 .06No.4 .05No. 5 . l-0No.6 .08No.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 concerningo .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 chooseIto 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 theI Town of Vail Cornmunity Development Department
\and Tohrn Engineer.
The proposed prelirninary J-andscape plan anddesign review guidelines will be reviewed bv theDesign Review Board for their approval befolefinal plat subrnittal .
a
OL
6'The applicant agrees to revegetate the accessroad if the general subdivision j-mprovements arenot completed by September 1-, 1989. ceneralsubdivision improvements are defined in Section
L7.]-6.1-50 of the Town of Vail Subdivision
Regulati-ons.
The declaration of protective covenants for theEIk Meadow Subdivision states that designguidelines may be adopted. The staff wouldrequire that the wording be changed to statethat design guidelines shall be adopted. Thefull paragraph would read:
rrGuidelines for the developrnent of the buildingenvelopes and tracts sha11 be adopted by theCommittee, which shal1, amongl other things,interpret and/or implement the provisions ofthese protective covenants. Guidelines may be
amended from time to time with the rnajority voteof approval from the Committee and approval ofthe Town of Vail Design Review Board. Theguidelines will be available from the chair ofthe Design Committee and Town of VaiI Cornnunitv
Developrnent Department. rr
The following engineering information will besubmitted 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 thewest end of the property .
The road plan will have an engineertsstanp. The preliminary plan will beadjusted for square footage totals due tothe removal of the four guest parking spaceson the west end of the project.
A letter from Nick Lampiris will besubmitted to address the rock fa1l desicrnreguirements. A graphic sha1l besubnitted.
Gas line and fire hydrants will beindicated on the utility plan in theappropriate areas.
d.
e.
Jr-,.) r'-**,
!\'1 \'r*i ,\
Ft't'
o The applicant has provided
cash amount of the Town of Vail with ato cover the revegetationwax. In addition, thisevQgetate the access road
imtr{rovements are notnr1.
I
Glo+ ts l'1n,-- I r
1t.. r.i' ,11
und the road
be used to rsubdivision
ptember 1, l-
of the area aro
money may alsoif 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. Wefeel that the additional information and minor ctrangesthat reduce the density of the project are favorable. Ouropinion is that the proposal meets the requirements setforth in the rnajor subdivision criteria which r'rereoriginally 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 finalplat 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 obligationsshall 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 solelyfor 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 ZoningResolution), 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 referredto 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 ofits members. Should Declarant, at any Eime
within 30 days after receiving written noticeof a vacancy in the Conrmittee having occurredfor 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 theprovisions of these ProtecEive Covenants.
Guidelines mav be amended from time to timewith 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 eachbf 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 thefinal plat of the Subdivision, and (iii) to
provide open space in the same manner as an
Open Space Tract on portions not used for aprivate road and right of way or for
vehicular parking; provided, however, thaE
the Road Traet. may have constructed and
maintained thereon utilities and drainagefacilities in areas as so designated on thefinal 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 simpleinterest 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 bylawsof the Association; all other expenses of
administering, servicing, conserving,
managing, maintaining (including, withoutlimitation, 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 orDECLAMTION
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 Comttteeprior 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 twofeet from either the east or the vlestperimeter line.
(cc) No StrucEure shal1 be located less than Ehreefeet 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) and4(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. Aspart of such landscaping plans, each Owner shall be requiredto 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 costsin 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 orirrigation.
(vii) ELECTRICAL AND TELEPHONE SERVICE: A11 electrical
to the Building Envelopes will beand 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 advertisingrected, 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 ofdoors. 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 maynot 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 _BuildingEnvelope or upon any Tract shall not be cut, trinrmed or
removed from the Building Envelope or Tract without theprior approval of the Comrittee.
(xvi) TELEVISION ANTENNA: Exterior mounted,ELEVISION ANTENNA: Exterior mounted, exposedffiill not be permitted within thetelevisionSubdivision. 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 inoperablevehicles, 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: Accessorystructures 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 structuresco enced Prosecuted diligentlYto completion and shall be completed within Ehe twelve
months of commencement unless excePtion is granted inwriting 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 notdisturb, 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 contractorsshall clea@s on the construction siteat 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 contractorshall be r@iding adequate sanitaryfacilities 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 orlimited 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 beresponsiblffi 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 PercentageInterest in each Tract
14.29
14.29
14.29
14.29
14.28
t4.28
14.28
(b) Each Building Envelope and its appurtenantinterest 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 Proportionateinterest in the appurtenant interest in the Tracts. No interestin 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 anyright 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 andright 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 andLion'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 legaltitle 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 theAssociation. 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 thisDeclaration and of the articles of incorporation and bylaws of
the Association. Each member shal1 be bound by and shall complywith rules, resolutions and decisions of the Association duly
made or adopted in the manner set forth in the Association'sarticles 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 budgetat 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 -andieplacement 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 beunpaid. 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 ofcollection, including a reasonable attorney's fee and costsj-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 alien on such Building Envelope and appurtenant interest theretoin and to the Tracts in favor of the Association prior to allother liens and encumbrances, except: (i) liens for general
property taxes and special assessmenLs, and (ii) the lien of anyfirst 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 onreal 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'slien, including reasonable attorney's fees, or $150.00, whicheveris greater. In any such foreclosure, the Owner shall be requiredto 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 Envelopeat 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 assessmentfor 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 Pqyany 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 thelien 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 injurybr 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 accidentor disaster, or for damage to property, and if higher limits
shall at any time be customary to protect against Possibletort 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 insurancein 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 aninteiest 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 Permitthe 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 Associationor any of its officers or directors with resPect thereto excePtin case of fraud or gross negligence.
72, QUALITY OF WORK: Any repairs, renovation orrestoration 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 ProPortionas their respective interests in the cormon exPenses and shallnot 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 interestin 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 rightsof the other Owners. The transfer of title to a Building
Envelope under foreclosure sha11 entitle the purchaser to thebeneficial 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 instrumentdirecting termination.
L7. AIIENDMENTS: The conditions, restrictions,
stipulationF,-T5-I@tions, agreeoents and covenants contained
herein shall not be abandoned, teroinated or amended excepE bywritten consent of 75 percent of the Owners and 75 percent of theFirst 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 ofthis Decla ant, undertaking to
comply with each provision of this Declaration and any necessary
exception or reservation or grant of title, estate, right orinterest 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 forthor referred to in such deed or other instrument; (ii) shall, byvirtue 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 grantedherein, 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:
CAPITAL CORPORATION, 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--dayVice 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
PROJ ECT:
DATE SUSI4ITTED:
C0l",i,tENTS NEEDED eVl-!\o,\d&U /ni1&
BRIEF OESCRIPTION OF THE PhOPOSdL]
PUEL]C WORKS .\
Revierred by:
Ccnnenis:
Fi RE DEPARTI,IENT
Revievred by:
Conments:
II.ITER-DEPARTHENTAL REVI EH
DATE OF
efl)
Date
Date
POL ICE DEPARTI.IENT
Rev i er.red by:
Connents:
Da te
RiC;iiATiON DIPARTI{iNT
fvoni 4
PUBLIC HEARiNG }/ I6
r0c
\t*(_
fteviewed.by:
Cor,ents:
Date
o
E AGLECOUNT
551 Broadway
Eagle,Colorado 81631
(303) 328:7311
July 21, 1987
Mr. Mike J. Lauterbach
Lamar Capital Corporation
P. 0. Box 3451Vail, C0 81658
RE: Grading Permit #3015 - The Valley Phase III
Dear Sjr,
Pursuant to our field inspection of July 20, 1987, it is obvious thatthe grading in place does not comply wjth the approved plans for gradingpermit #3015. Therefore, I hereby suspend Permit #3015 - UBC 303(e).
A new permit may be applied for although since your project is now inthe Town of Vail, you should apply in the Town of Vail.
If you have any questions, please call this office.
Gerald Best,
Buildinq Official
GB/eh
xc: Jim Fritze, Eagle County Attorney
Susan Vaughn, Director Community Development
Larry Metternick, County Engineer
Kristan Pritz, Town of Vai'l
Garry lvloran, Town of Vai'l
F'r l es
a
Y
Board of County Commissioners Assessor
P.O. Box 850 P.O. Box 2149
Fagle, Colorado 81631 Eagle, Colorado 81631
Clerk and Recorder
P.O. Box 537
Eagle, Colorado 81631
Sheriff
P.O. Box 359
Eagle, Colorado 81631
Treasurer
P.O. Box 479
Eagle, Colorado 81631
<'-.za
I
E ACLECOUNT
551 Broadway
Eagle,Colorado 81631
(303) 328:7311
July 21, 1987
Garry Moran
Town of Vail
Bui'lding 0fficial
75 South Frontage Road West
Vail, C0 81657
RE: Grading Permit for Mike Lauterbach
Dear Garry,
Pursuant to our field inspection of July 20, 1987, it is obvious that
the grading in p'l ace does not comply with the approved p'lans for the
grading permit #3015.
o
Y
Therefore, a new permit would be required - UBCproject is now 'in the Town of Vail, we feel that the
take over the permitting and reviewing.
l.le wi1l send a complete copy of the entire file
Please contact me if you have any questions.
Gerald Best,
Buildinq 0fficial
GB/ehxc: Kristan Pritz, Town of Vail
Susan Vaughn, Director Connunity Development
Jim Fritz, Eagle County Attorney
Larry Metternick, County Engineer
Files
303(e) . Since thi s
Town of Vail should
for your information.
Board of County Commissionen Assessor
P.O. Box 850 P.O. Box 449
Eagle, Colorado 81631 Eagle, Colorado 81631
Clerk and Recorder
P.O. Box 537
Eagle, Colorado 81631
Sheriff
P.O. Box 359
Eagle, Colorado 81631
Treasurer
P.O. Box 479
Eagle, Colorado 81631
-'? \".
{"
75 south trontage road
vall, colorado 81657
(303) 476-7000 ofllce ol communlty development
July 8, L987
Mr. Mike LauterbachP.O. Box 3451-Vail , Colorado 81558
Re: Elk Meadows Subdivision Final plat
Dear Mike:
I told you that I would give you comrnents by July g, L}BTconcerning the actual final plat for Elk Meadows. Thefollowing information will need to be added to the plat:
t. Bill Andrews tras asked that you show and/or clarify theeasements on your title report nurnbered 9, 10, ll, 14, L5and l-6.
2. Bill Andrews has inforrned ne that the private road designdoes not meet the reguirements that a private road have 40feet of right-of-way. He stated that he does not feelthis is a problem as long as ttre condominiurn associationor developer maintains the road. My concern is thattechnically a variance is reguired for the waiver of the40 foot requirement. Rather than qo through a varianceprocedure, f woul_d strongly reconmend that you add the 40foot right-of-way to the road. From my cal-ulations, itappears that this is not a problem.
3. Tlre addresses on the final plat need to be changed tocorrespond to what fits in with the Town of Vail addressnap. The changes reguired lrould be:
Building Envelope {1, L624Building Envelope 92, L626Building Envelope #3, L62BBuilding Envelope 94, l-G3oBuilding Envelope #5, 1,632Building Envelope f6, 1,634Building Envelope f7, 1636
Buffehr Creek RoadBuffehr Creek RoadBuffehr Creek Road
lt tl
ll tl
ll tf
ll 1l
a
rn addition, the other changes to the plat that were listed inny July lst letter should also be made. I have listed. theseagain for your infornation:
1. The wording on the final plat under Notes #4 should bechanged to read,
"This entire subdivision lies in a geologicallysensitive area as identified by a Town of Vailrockfall study prepared by Schmeuser and Associates,fnc., November 29, l-984, and developrnent shall besubject to the rnitigation for rockflll as outl_ined inthe E1k Meadows Subdivision protective covenants and
Town of vail Ordinance 95, Series of 1985. Record.edi.n Book _ at Page _ with Eagle County.l
The portion of the subdivision that is affected by therockfall should also be indicated on the final pl-t fyshading or some other graphic notation.
2- Before recording the final prat, you will need to submit alega1 written agreement for the completion of thesubdivision irnprovements and a cash escrow, letter ofcredit, or performance bond to cover l_50? of theimprovenent costs. This reguirernent is outlined inSection L7.L6.25O of the Subdivision Regulations. Thisagreement shourd include the planning cornnission and Towncouncil conditi-on of approvar that rrihe appricant agreesto revegetate the acccess road if the geneial subd.ivisionimprovernents . are. not cornpleted by Septernber 1, L9g9 . rlceneral subdivision irnprovements are defined in sectionL7.1,6.1-50 of the Town of Vail Subdivision Regulations.
3. Two-siqned mvlars of the finar plat should be subnitted.I will let Bill Andrews, the Fire Department, CommunityDevelopment Department, and Larry Eskwith review yourpaper copies before you actually bring in the sig;edmyrars to save time. r wirl get the staff comments back!o you by Jullz.8, 1987.
I am asking that you make these revisions and returninforrrnation to rne by July l-Gth. please let me knowany guestions.
theif you have
Sincerely,
S'dsfrb
Town Planner
KP:brcc: Larry
Peter
Peter
Eskwith
Jamar
Patten
fPh'q,
WUTO:
FROM:
DATE:
Town Council
Cornmunity Development Departrnent
July 7, ]-987
V)
suBJEcr: second reading of the EIk Meadows special DevelopmentDistrict Ordinance
_On_June l-6, L99, the Town Councit made a motion to approve the-E-lR-Eed-doE-s-sFeciat Development District at first ."-bitg. Thefolrowing chang'es have been made to the ordinance and ar6 typedin all capital-s in the document:
The sguare footage for each tract has been changed due tothe renoval of the four parking spaces on the westernportion of the subdivision.
F-'
t^ I\:;/
A dol1ar sign was addedindicate that the staffcharge per square foot.
to Section 4, #12 Amenities Tax tois referring to a thirty cent
fn Section 4A, the following letters have been referencedas part of the Environrnental Irnpact Report:
a. Letter from Mr. Don pettigrove, p.8., 6/1,2/87b. Letter fron Mr. Nichol_as Lampiris, ph.D'. , '6/.1,5/87
c. Letter from Mr. Don pettiglrove, p.E., 6/j-6/87d. Letter from Mr. Nicholas Lampiris, ph.D-. | '6,/1_8/g7
In Section 4 of the ordinance, the reference t,o thepreliminary drainage plan from Mr. Don pettigrove has beenadded.
The Design Guidelines in Section 4, #t1 have been changed.in the foltowi-ng ways per the request of the Desiqn ReviewBoard, -
a. Roof pitch sha1l be between 4r and 12r and 6r and 12 1
b. Roof materials shal1 be metal stand.ing seam or ametal stamped California tile form and be eithercharcoal grey or dark navy blue in color.
c. f, which related to decks and balconies has beenomitted from the ordinance.
In Sectlon 4A, the statement has been added to the 1astsentence of this paragraph so that it now reads:
ItThe. development plan .i s comprised of those pl_anssubrnitted by Lamar Capital Corporation and clnsistsof the following documents WHICH WILL BE FINALIZEDAT THE MAJOR SUBDIVTSION FINAL PLAT REVIEW.II
Addrfl,fdfo^, 'The Town Council
subdivision. A nal draina
Please see the two attach
also requested an additional letter fron*U€.addressincr rocllfall in cotlmon areas for tEear was also EE@ed -F?fverifw
from the subdivision would have
Jurne 18 r 1987
l'li chael J. Laurterbach
F.O. Box 3451
Vailn trO. 81658
RE: El l,: l"le,rdows Sutbdivigiort Rocf':{al 1
Desr l'lr. Lautterbach:
In regponse to one o{ the i sglres rai --ed i n the Col I i ng
Iei-ter, I f u=el .rery comf ortable r.ri. th hs.,,ing no mif-igation f or
potenti aI rockf aI I i nto common , oFen eFace aFeac- r+i thi n the
proposed devel opment . Typ i cal 1 y, the-. i ntent of open aFeas .
as Iong as there are nD permanenl commurni ty strurctLtree ELrch
.rg of{iceg or rneet-ing pla':eg, is to provide spece for gr-evity
rel atpd qeol oqi c phenomena to octrLtr r.l i th no damaqe to
--trrtctttreE1 cand minim"1l chance of errpc'sr-rre to per=onal
in_iutry.
ttJhen I prep;rre a report lor cl ient= or-rning. lar instance, a
one fit:FE-i p'arcL.l for the cle.,,elopm€:nt of one. single fsmilv
regi dence . the ai te i s ei ther 1'=cated ar.la.,, *rorn a ha= ard ,inclt-tdinq perhape r-oc[,.f ;-i 1r or mil:rqati,:n tel:hni qL\et= ar-e
emplo\,/ed to direct any 5.rotenf-i al geologic occurf-i-€:nce arc,i-rndl:ha hcmg=i te i nto t-he open 5psE€1 . Th i s i g the mo=t prudent
APpFoach, as r.J e cannot pr-otect every sqlrare {oot of prooerty
and still live in the rnsltnf-ains.
I hope I have aciequatsl y addressed this par-ticular trJntrern
Flease r:ontsct me if ther* are f ur-thelr qrre=ti on:.
9i ncet-e1y,
EATdIJER ASSOCIATES, INf,.
-, b. t -././Y / / -<- I-,// ,/ //vVL-'l,tv /L<ntUt/
lJr. choI.a-= La.npiris. F'hD.
Fr-n ireri- li'=nl nni cit
lrJL./ c 1 !,:
BANNEF]
BANNER ASSOCIATES. INC.
CONSULTING ENGINEERS & ARCHITECTS
2777 CROSSROADS BOULEVARD
GRAND JUNCTION. CO 81506 . t3031 243-2242
BANNER ASSOCIATES, INC.
CONSULTING ENGINEERS & ARCHITECTS
SUTTE 6, 605 EAST MAIN
ASPEN, COLORADO 81511 . (303) 925-s857
BANNER ASSOCIATES. INC.
s8ir. 3,t:il!".H'r",ilf.*s & AR c H rrEcrs
ASPEN, COLORADO 8t6ll . (3031 92S-S8S7
BANNEF]
Jutne 15, L?BT
BANNER ASSOCIATES, INC.
CONSULTING ENGINEERS & ANC}|TTECTS
2777 CROSSROADS BOULEVARU
GRAND JUNCTION, CO81506 r (3031 243_2242
Pli chael J. Lar-tterbach
P . O. Bo:< 34S lVaiI, C0. Al6ge
FE: Elk t'leadows Subdivision Rockfall
Dear l,lr. Lauterbach:
f have reviewed ll.:._::t"rts prepared the weelr endrng Jutne l?,l?87 1 by Don pe.tygrove, oLrr structr_tra,l ";;i;";.1'co.crurr,ingthe rocrr{ar1 mitigation for trre ir}r FreadowJ suaoivision. Agpreviously mentionedr potentiar rockfall into tnis srte r.li11b:.y=ry.infrequent-over tn"-f"i.r, but this type, o{mitig.rtion is still prudent
I{ the engineered design criteria presented by Don Fettygrovein.is above referenced report is f ol lor.red, tlre roct*{allli:*:.': to occr-tpants within'Etiu.i,.r=, to be rocated r"rithinElk Meador.rs Subdivision will be minimi=e.j . Further r if therecornrnencled enEi neeri ng i s accompl i shed a.rri "f tn*construction of gtructirres upon th* p.oposed 6uildingenvelope:3, there should be no increased haz.rrd to otherproperty or- structures, or to pr-rbl i c br-ri I di ngs, roaos rstreetsr right-of-*1I, *.oo*enis,'tirities or f.rcilities.
:j.I.::..i;: "nr f urther questioni, ple"rse do nor hesitate ro
Si ncererl y,
enNtNtEn ASSOCTATES, INC.
^,iqr'4 \
-/u..t f / ,.(- l"w^tU'l ftf4,q
Nicholas Lampi'ris, FhD.Froject Geologist
:
June 16, 1987 E|ANNEFI
The transrnission of flows through the site will be altered
Mr. Peter Patton
Town of Vail75 South Frontage RoadVai1, CO 81652
Re: Elk Meadows Subdivision (The VaIIey),Filing #2, phase III BAI #8095-0-5
Dear Peter,
r. am writing, as you reguested, to _crarify our opinion regardingthe anticipated impact oi tnis development'on in.-rto.,o frow intothe adjacent property to the west.
The peak design frow through the meadow area for a storm of 10-year recurrence, is only g cfs for a Lotal basin area of some l7gacres. The total surfaced area of road is approximately 0.9 acrewith an area of about 0-5 acre establishlb tor the buildingenvel0pes- giving -a total 0f approximately t.4-u;;;" of the totalr78 in which the dlainage charttteristics'rirr be artered by thisdevelopmen.t. Il is_ our, opinion_ that u"V .n."ge in peak f,lowgenerated by thls_devel0prnent is beyond trrJ-iccuraly of themethods used to calculate-flows such as this and therefore cannot be aqcurately evaluated.
Pro'r ough -
h the site n virtually the same as
The guantit Warge-€'ron tbls-:prapgr!wilc[aw ave
shourd you have any further questions, prease do not hesitate tocall.
Sincerely,
BANNER ASSOCIATES, INC.
N t,f"..-
\
Donald G. Pettygrove, p.E.
DGP/rIg
cc: Mike Lauterbach
BANNER ASSOCIATES. INC.
CONSULTING ENGINEERS & ARCHITECTS
2777 CROSSROADS BOULEVARD
GRAND JUNCTION, CO 81505 . (303\ 243.2242
t
| ,a,
ORDINANCE NO. 19
Series of 1987
AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT OISTRICT
(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
WHEREAS, Chapter 18.40 of the Vail Municipai Code authorizes Special
Development Districts within the Town; and
I,IHEREAS, Lamar Capital Corporation has submitted an appl ication for a Special
Development approval for a certajn parcel of property within the Town knorm as The
Va1 1ey, Phase III, part of Parcel A, Lion's Ridge Subdjvision Filjng No. 2 to be
known as Special Development District No. 16; and
WHEREAS, the establishment of the requested SOD 16 will insure unified and
and coordjnated development within the Town of Vail in a manner suitab'l e for the
area in which jt is situated; and
WHEREAS, the Planning and Environmental Commission has recommended approval of
the proposed SDD; and
WHEREAS, the Town Counc'il considers that it is reasonable, appropriate, and
beneficial to the Town and its citizens, inhabitants, and visitors to establish
such Special Developnent District No. 16:
NO}l, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOt.lN OF VAIL,
COLORADO, THAT:
Section l. Amendment Procedures Fulfilled. Planning Commjssion Report.
The approval procedures prescribed jn Chapter 18.40 of the Vail Municipal Gode have
been fulfilled, and the Town Council has received the report of the'Planning and
Envjronmental Commjssion recommend'ing approval of the proposed development plan for
sDD 16.
Section 2. Special Development District No. 16
Special Deve'l opment District No. 16 (SDD No. 16) and the development plan
therefore, are hereby approved for the development of Phase III The Val 1ey, part of
Parce'l A, Lion's Ridge Subdivision Filing No. 2, within the Town of Vail consisting
of 3.6 acres.
Section 3. Purpose
Specjal Development District 16 is established to ensure comprehensive development
and use of an area that will be harmonious with the general character of the Town
of Vail. The development is regarded as complimentary to the Town by the Town
Council and meets all design standards as set forth in Section 18.40 of the
Municjpal Code. As stated jn the staff memorandum dated June 8, 1987, there are
sjgn'i fjcant aspects of Special Development Distrjct 16 which are diffjcult to
satisfy through the imposition of the standards of the Residential Cluster zone
district. SDD 16 allows for greater flexibility jn the development of the land
than would be possible under the current zoning of the property. In order to help
preserve the natural and scenic features of this s'ite, bujlding envelopes will be
established whjch designate the areas upon the site in whjch development will
occur. The establishment of these building envelopes will a'l so permit the phasing
of the development to proceed.according to each individual owner's ability to
construct a resjdence. SDD 16 provjdes an appropriate development plan that
maintains the unjque character of this site given the diffjcult sjte constraints
which must be addressed in the overal'l design of the project.
Section 4. Development Plan
A. The development plan for SDD 16 is approved and shall constitute the plan for
development wjthin the Special Development District. The development plan is
comprised of those plans submitted by Lamar Capital Corporatjon and consists
of the following documents, l,lHICH l^lILL BE FINALIZED AT THE MAJOR SUBDMSI0N
FINAL PLAT REVIEl.J:
1. Elk Meadows Subdjvision Phase III: Preliminary Plan Building Envelopes
AND PRELIMINARY UTILITY PLAN, Phase III The Vallev, February 23, 1987,
Mr. Lee Lechner, Colorado Registered Land Surveyor
Elk Meadows Subdivjsion Phase III Access Road Design Drawing, John
MacKowen, Surveying and Engineering, Inc., June 5, 1987
FINAL Landscape P1an, Elk Meadows, Phase III' Mr. Dennis Anderson,
Associates, June 30, 1987
ELK MEADOWS SUBDIVISION PHASE iII PRELIMINARY DRAINAGE PLAN, MR. DON
PETTIGROVE, P.E., JUNE 1987
Environmental Impact Report submjtted by Mr. Peter Jamar, Associates,
Inc., May ll, 1987 which includes Design Guideljnes, Rockfal 1 Mitigation
requirements, and a prel iminary utility plan. THE FoLLoWING LETTERS ARE
ALSO PART OF THE EIR:
a. LETTER FROM MR. DON PETTIGR0VE, P.E. T0 MR. MIKE LAUTERBACH, JUNE
12, 1987, RE: PRELIMINARY DRAINAGE PLAN/GEOLOGIC HAZARD MITIGATION
ELK MEADOWS SUBDIVISION
2.
J.
4.
5.
b. LETTER FROM MR. NICHOLAS LAMPIRIS, PH.D, TO MR. MIKE LAUTEREACH'
JUNE 15, 1987 RE: ELK MEAO0I.IS SUBOIVISION, R0CKFALL
c. LETTER FR0M MR. DON PETTIGROVE, P.E. T0 MR. PETER PATTEN, JUIIE 16,
1987. RE: ELK MEAD0}{S SUBDIVISION PHASE III DRAINAGE
d. LETTER FROM MR. NICHOLAS LAMPIRIS, PH.D, TO MR. MICHAEL LAUTERBACH,
JUNE 18, 1987, RE: ELK MEADOI,IS SUBDIVISION, R0CKFALL
6. 0ther general submittal documents that define the development standards
of the Special Development District.
B. The development plan shall.adhere to the fo1 1owin9:
1. Acreage: The total acreage of the site is 3.6 acres.
2, Permitted Uses: The permitted uses for the site are proposed to be:
a. Single family residential dwellings
b. Two-family residential dwellings
c. 0pen space
d. PubIic and private roads
3. Conditional Uses:
a. Publ i c uti 1 i ty and publ i c servi ce uses
b. Public buildings, grounds and facjlities
c. Public or private schools
d. Public park and recreation faci) ities
e. Ski lifts and tows
f. Private c'l ubs
g. Dog kennel
4. Accessory Uses:
a. Prjvate greenhouses, toolsheds, playhouses, attached garages or carports,
. swimming pools, patios, or recreation facilities customarily incidental to single-
family or two-family residential uses.
b. Home occupations, subject to issuance of a home occupation permit in
accordance with the provis'ions 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, subject to the issuance of a horse grazing permit in
accordance with the provisions of Chapter 18.58.
5. Parcel Acreages and Uses
a. Euilding Envelopes
l. -07 acres, 1 singie family unit
2. .07 acres, l single fani'ly unit
3. .06 acres, L single family unit
4. .05 acres, L single family unit
5. .10 acres, 1 duplex unit
6. .08 acres, L duplex unit
7. .05 acres, 1 single family unit
b. Tract 'l : 2.467 acres open space
c. Tract 2: .6927 acres private access road and parking
6. Setbacks - Minimum setbacks for the location of structures with relations
to building enveiope perimeter lines shal I be as follows:
a. No structure shall be located on the utility easement as so designated
on the final olat of the subdivision.
b. No structure shail be located less than two feet from either the east or
the west perimeter 1ine.
c. No structure shall be located less than three feet from the north
perimeter 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
)ong as such roof overhangs and decks are totally within the perimeter lines of the
building envelope.
7. Density: Approval of this development plan shall permit nine (9) dwelling
units which includes 5 single family unjts and 2 duplex units.
A building situated on a single unit residential bui'l ding envelope shal1
not contain more than 1,777 square feet of GRFA; a building sjtuated on a two unit
residential building envelope shall not contain more that 3,554 square feet of
GRFA.
8. Building Height: Building height shall be 33 feet for a sloping roof.
9. Parkjnq: Two parking spaces shall be provided per unit with one of the two
spaces being enclosed.
10. Landscaping: The area of the site to be landscaped shall be as indicated
on the preliminary landscape pian. A detailed landscape plan shall be submitted to
o
the Design Review Board for their approval . The 0esign Review Board approved final
landscape plan shal 1 represent the general subdivision's landscape requirenents.
The entire portjon of the building envelope not covered by pavement or
buildings shall be'l andscaped as welI as any areas outside the building envelope
disturbed during construction.
11. Desisn Guidelines: The Design Guidelines shal'l be submitted to the Design
Review Board for their approval . The DRB final design guidelines shall represent
the approved design guidelines. Design guidelines for the site are as follows:
a. Roof pitch shall be.BETWEEN 4 feet in 12 feet AND 6 FEET IN le FEET-
b. Roof material shall be METAL STANOING SEAl,l 0R A METAL STAMPED CATIFORNIA
TILE F0RM and be either charcoal grey or DARK NAVY b'lue in color.
c. Siding material shall be either cedar or redwood and shal 1 be applied
horjzontally as indicated on the prototypical building elevations. 0n'ly light
colored stain shal'l 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. AlI windows shal1 be white metal c'l ad windows.
f. A1'l roofs shal'l have overhangs of at least I foot in order to protect
walls and wall openings from rain and snow and to contri bute to the building's
character.
12. Recreation Amenities Tax:The recreation amenities tax is $.30 per square
foot.
13. Protective Covenants: Prior to.major subdivision final p'lat approval , the
deve loper shall file protective covenants on the land records of Eagle County which
will provide that each owner that builds a structure on a designated building
enve'l ope shal1 comply with the design guide1ines and rockfal 1 mit'i gation
requirements as outlined in the EIR by Jamar Associates May 11' 1987. Copies of
the guj de1 ines and mitigation requirements shall be available to prospective
purchasers at the Community Development Offjce and Developer's offjce.
The covenants shal'l al so state that an owner may choose to have another
qual ified engineer/geologist design appropriate rockfal l mitigation measures, as
long as the mitigation solutjon does not have negative visual impacts and is
approved by the Town of Vail Cornmunity Deve'l opment Department and Town Engineer.
The covenants shall also provide in regard to the covenant dealing with
design guidelines and rockfal 1 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 Vail approval.
The protective covenants shall be approved by the Town of VaiI Attorney,
prior to major subdivision final plat approval .
Section 5. Amendments
Amendments to the approved development plan which do not change jts substance may
be approved by the Planning and Environmental Commission at a regularly scheduled
public hearing in accordance with the provisions of Section 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 p1an,
Sectjon 6. Expiration
The applicant must begjn construction of the Special Development Djstrict 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 completion of the Special Development District or any stage of the
Special Development District within the time limjts imposed by the preceding
subsection, the Planning and Environmental Commission shall rev'i ew the Specjal
Development Distrjct. They shall recommend to the Town Council that ejther the
approval of the Special Development Djstrict be extended, that the approval of the
Special Development District be revoked, or that the Special Development District
be amended.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ord'inance is
for any reason hel d to be invalid, such decision shall not affect the validity of
the remajning portjons of thjs ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared inval id. *'
Section 8.
The repeal or the repeal and reenactment of any provisions of the Vail Municipal
Code as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecutjon commenced, nor any other actjon or proceedjng 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 ordjnance previously
repealed or superseded unless expressly stated herein.
INTR0DUCEO, REAO AND PASSEO 0N FIRST READING THIS 16th day of June
1987, and a public hearing shall be held on this ordinance on the 16th day of
June , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal
Buj'l ding, Vail, Colorado.
Ordered published jn full this 16th day of June , 1987.
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ ANO APPROVED ON SECONO READING AND ORDERED PUBLISHED
this day of ,1987.
Paul R. Johnston, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
.t
Kent Rose, Mayor Pro Tem'
Eric Affeldt
Gai I Wahrl ich-Lowenthal
John Slevin
Hermann Staufer
Pau'l Johnston, Mayor
Gordon Pierce
Ron Phi11ips, Town Manager
Larry Eskwith, Town Attorney
Pam Erandmeyer, Town Clerk
zlnLt'^
MINUTES
VAIL TOI,IN COUNCIL MEETING
JULY 7, 1987
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, July 7, 1987, at 7:30
p.m. in the Council Chambers of the Vail Municipal Buitding.
O
MEI{BERS PRESENT:
MEMBERS NOT PRESENT:
TOl,lN OFFICIALS PRESENT:
The first order of business was approval of the June 2, 16 and 30, 7987 meetings
ninutes. After a short discussion, there was a correction noted to be made on the
. June 16 minutes. Eric Affeldt stated that he voted against Resolution 20, concerning
the Doubletree. Eric Affeldt then made a motion to approve the minutes with the noted
correction, which was seconded by John Slevin. A vote was taken and the motion passed
unanimously 5-0.
The second item was a final presentation of the market/financjal feasibjlity study for
the Vail aquatic facilitv.- Kristan Pritz introduced Tim Garton and Ford Frick who
gave th-[ffi-Ei'Ei6n.-Tim Garton first thanked those who helped get to this point,
then gave background information and the goals of the Task Force and the conclusions
they had come to. He then gave a s'l ide presentation of areas the Task Force lookedat. Ford Frick introduced Ron Rinker of Barker-Rjnker-Seacat & Partners, architects,
and then explained the conclusions they arrived at and how they approached problems.
Ron Rinker explajned site needs and how pool area would fit jn Ford Park; he also gave
a brief breakdown of operational costs. Ford next explained pricing strategies,
marketing groups and potential revenues. Tim Garton addressed potential questions
that came up during June and noted their conclusions. Council asked questions of the
Task Force members and consultants. Joe Staufer first compJimented the Police
Department on how they handled the July 4th crowds, then stated his concerns over the
aquatic center, to which Tim Garton responded. Krjstan Pritz corrected Joe stating
that staff was not by any means marketing the project, but was only informing the
public of facts concerning the aquatic center. Joe responded that jt'looked 1ike a
Town priority, and Pepi Gramshammer stated he was angry over how much staff time and
expense was spent on the project when he felt the pool would not work here. Ron
Phillips responded with the history of the project and compared it to the Congress
Hall and noted how the two were in different stages of development. Al Weiss and Dave
Garton commented on why they were for the aquatic center. Council then asked more
questions of the Task Force members. Mayor Pro Tem Rose thanked everyone for their
work on the project, they had been very thorough, and stated the Council wanted to
digest the information and wait until the Phase II report on the Congress Hal1 came
out, when the Councjl would then work on bonding jssues for one or the other or both.
The third item for discussion was Ordinance No. 16, Series of 1987, second reading,
amending Special Development District No. 5 g4_Resort) by amending the siteplan. Mayor Pro Tem Rose read the title in ful 1. RicR-PV'lman explained additional
conditions which where included at the first reading. Jay Peterson, representing Vail
Run, had additional word changes which Simba Run agreed with. There was no discussion
by CounciI or the public. Gai1 Wahrlich-Lowenthal made a motion to approve the
ordinance with the inclusion of language presented by Jay, and it was seconded by
Hermann Staufer. A vote was taken and the motion passed unanimously 5-0.
Next on the agenda was 0rdinance No. 1.8, Series of 1987, second reading, amending
the parking on private property chapter of the Municipal Code. The full title was
read by Mayor Pro Tem Rose. Larry Eskwith explained briefly what the ordinance would
do and there were no changes requested at first reading. There was no discussion by
"t'
the public or Council. A motion to approve the ordjnance was made by Eric Affeldt and
seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0.
The fifth order of business was Ordinance No. 19, Series of 1987, second reading,
establishing a Special Oevelopment 0istrict for the'Va'lley Pha:g_!!I (E1k lthadowg).
MayorProTemRosereadtheful1title.KristanPr@as
reguested in the ordinance since the first reading. After a brief discussion by
Council, John Slevin made a motion to approve the ordinance with the changes stated by
Kristan, which was seconded by Hermann Staufer. A vote was taken and the motion
passed unanimously 5-0.
The sixth item was Ordinance No. 20, Series of 1987, second reading, making a
supplemental appropriation to the Town of Vail budget. The fu'l'l tit1e was read by
Mayor Pro Tem Rose. Steve Earwick explained the changes made as requested at first
reading. Eric Affeldt commented on rvhat expenditures were for and was disappointed
the press was not present to note how the publicrs tax dollars were being spent. Al
l,leiss asked questions concerning the appropriations, to which Steve responded. There
being no other discussion, a motion to approve the ordjnance vras made by Gail
llahrlich-Lowenthal . The motion was seconded by Eric Affeldt. A vote was taken and
the motion passed unanimously 5-0.
The seventh item for discussion was Ordinance No. 21 , Series of 1987, first reading,
amending the Town of Vail subdivision regulations concernins sandsain-!um conversions.MayorPioTemRosereadthetit.|einfull.KristanPnitzeims
in the Code wou'l d be and why. She then went over criterja used in evaluation of the
request and why staff recommended approval . She also noted staff would like the Code
to be reviewed every two years. Peter Patten commented that would protect the bed
base of the town, especially if there were a Congress Hall. Mayor Pro Tem Rose made
comments regarding Section 3C that there was no tjme limit for a unit to be furnished
and made available. After some discussjon by Council, it was agreed to add the
wording "within 90 days after the date of recording of the condominium map", He then
stated additional concerns which were already in the Code, as noted by Dave Garton and
Jay Peterson. Peter Patten next stated problems with Section 2. At this time,
Hermann Staufer made a motion to approve the ordinance with the changes to Section 3C,
and to review the Code every two years, and it was seconded by John Slevin. A vote
was taken and the motion passed unanimously 5-0.
Next on the agenda was 0rdinance No. 22, Series of 1987, first reading,
primary/secorulary c_onnection amendment to the Vai] Municjpal Code. The ful'l title was-r5aa-5jfuPy.|manexp1ainedthereasonjngfortheordinanceand
what language staff wanted to add to the Code. He stated there was one sentence which
the Planning and Environmental Council recommended, but was not included by Larry
Eskwith because it was too subject'ive. Eric Affeldt agreed with Larry. Eric asked
Kathy Warren of the Design Review Board if she agreed with Larry's language; she feltit was too loose and was not very comfortab'le with it. She felt it encouraged two
structures and not one. After some discussion, jt was agreed to make the first
sentence of the PEC memo the first sentence of the Section. There was more discussion
as to what the jntent should be. After much discussion by Council, staff and Kathy
Warren, it was decided to table the ordinance and nework the wording. Al Weiss stated
his objections to the ordinance, to which Larry Eskwith responded. Jay Peterson then
made comments as to some past Council decisions and the reason for the ordinance.
Kathy Warren recommended applicants be encouraged to go to the DRB before the PEC and
a lot of money is spent. Peter Jamar noted more illustrations should be done to help
the DRB and PEC make decisions. At this time, a motion to table the ordinance
indefinitely was made by John Slevin and seconded by Eric Affeldt. A vote was taken
and the motion passed 4-1, with Hermann Staufer opposing.
The ninth order of business was 0rdinance No. 23, Series of 1987, first reading,
,tl-i+++ide resjdential zone district. Mayor Pro Tem Rose read the full title. Rick
Pylman elpTaTn-ed'-EhEt-the ordinance was for, what it would do and gave background
i nformati on.
Gai'l i'lahrl ich-Lowenthal had to 'l eave the meeting at this tine.
Jay Peterson, Peter Patten and Rjck Pylman answered guestions of Council. Eric
Affeldt made a motion to approve the ordinance with jnstructions to the staff to
include language that equestrian lots be required to border pub'l ic lands. The motion
was seconded by John Slevin. A vote was taken and the motion passed unanimously 4-0.
-2-
The tenth item was a Doubletree sign variance request. Rick Pylman.gave background
i;fo;;;iio;-ano txptaliea wFEETne request was for. He presented photographs. to the
Counci'l . He then explained the criteria used in evaluating the request and the.
ii;ai;;;, irU-"6v ttr! Jtaff recommended approva). There was no discussion by the
prli.il"o" Councii. A motion to approve the variance request wi th the findings as
found-in the statf m"ro n"r made by Eric Affeldt and seconded by John Slevin. A vote
was taken and the motion passed unanimously 4-0'
The e'leventh item for djscussion was th"j.ilgl-ggnsity variance appeal. Eric Affeldt
spoke up that he bnought this item up and-EEiE6d-to know why the varjance.was_approved
U!-in"-Ffilining-ana Eivironmental Commission. Rjck Pylman gave background information
; ih; u""iin.i ana wtry staff recommended denia'l and overturn the PEC dec'ision. Kathy
W""""n,-representlng Lie Rimel , listed reasons why she though the variance.should be
ippi.""ia.-'She distiibuted copies of zoning maps and discussed the areas shown. After
rllfr-aii.uriion bv Kathy, staif and Counci], John Slevin made a motion to uphold the
piC aecision, and Hermann Staufer seconded. Kathy asked to be able to address any
p"oUi"rs-Council members may have had with the variance. A vote was then taken and
lhe-roiion was denied 2-2, Aith Mayor Pro Tem Rose and Eric Affeldt opposing. The
variance was denied and the PEC decision overturned.
There was no Citizen Participation'
Ron Phillips stated for the fown Manager's report, the Town received $18,000 from an
UMTA grant'and out of 23 cities rated, Vail had the highest effjcjency rating for our
busesl He noted that bus ridership for the total area was up 23% over last year for
tfle JulV 4th weekend, and overal'l , June was up 13% from 1986. He stated the real
'estate iransfer tax iund was nighi on budget for June and $12,000 over budget for the
first six months. Also, sale. tax was $166,000 over budget for the year so far. Ron
commented that Heritage Cablevision was going to survey a'l 1 the lodges 1nd n1b] ic with
qu"itionr regarding t[e public access studio-and the public's satisfaction with it.
There being no further business, the meeting was adjourned at 11:45 p.m.
ATTEST:
Mi nutes taken by Brenda Chesman
Respectful 1y submitted,
ffiioTem
-3-
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INTER-DEPARTI,IENTAL REVI E}I
DATE SUBI.IITTED:
COIUENTS NEEDED 8Y:
BRIEF DESCRIPTION OF THE PROPOSAL:
DATE OF PUBLIC HEARING
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FIRE DEPARTMENT
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Revlaned by:Date
Gomrents:
POLICE DEPARTI4ENT
Revlewed by:
Cornents:
Date
REC REATION DEPARTI4ENT
.Reviewed by:
Corments:
PUBLICIIORKs ,.t L i
Reviewed ay, [1,,f o^t"J/4a.2
Conrnents: / /
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75 south lrontage road
vall, cololado 81657
(303) 476-7000 ofllco ot oommunlty deyelopmenl
July 1-, L987
Mr. Mike LauterbachP.O. Box 345LVaiI, Colorado 81658
Re: Status of Elk Meadows Subdivision Review
Dear Mike:
Belolr is a sumrnary of issues related to the review of the Elk
Meadows Subdivi-sion.
SPECIAL DEVELOPMENT DISTRICT ORDINANCE
on July 7, 1987 the Town counci]. witl hear ttre second readingof the Special Development District ordinance for Elk Meadows.I have rnade the following changes to the original ordinance:
L. The square footage for each tract has been changed due tothe rernoval of the four parking spaces on the ri,/esternportion of the subdivision.
2. A dollar sj-gn was added to Section 4, #12 Amenities Tax.
3. In Section 4A I am referencing the foltowj.ng letters asalso being part of the Environmental fmpact Report.
A. Letter from Mr. Don pettigrove, p.E., 6/LZ/97B. Letter from Mr. Nicholas Larnpiris, ph.D. , 6/15/97C. Letter from Mr. Don pettigrove, p.8., 6/L6/87D. Letter from Mr. Nicholas Larnpiris, ph.D. , 6/LB/87
4. I have also added to Section 4 of the Ordinance thereference to the preliminary drainage plan from Mr. DonPettigrove.
5. The design guideJ-ines in Section 4, #l-1 have been changredin the following ways:
A.
B.
Roof pitch shal1 between 4:i.2 and 6rLZ.Roof materials shall be rnetal standing seam or anetal stanped California tile form and be eithercharcoal grey or dark navy blue in color.
#F !,rhich related to decks and bal-conies has beenornitted from the ordinance.
c.
FINAL PLAT SUBMTTTAL
I.f would like 12 copies of the final EIR which shouldinclude the additional letters which were referenced inthe revised ordinance, the new graphic for rockfallnitigation.from Mr. Don pettigrove, and the changes to theDesign Review Guidelines which were also referenied in therevised ordinance. I an also asking that you amend yourelevation drawings which serve as grridelines for design inthe EIR to exclude the railings reference and to matchmore closely the schematic section which was submj.tted byMr.. Don Pettigrove for the rockfall nitigation. TheDesign Guideline elevations and pettigrovers schematicsection do not correspond to each other as well as theycould. This descrepancy created confusion at the elanningCommission meeting and also has the potential to createconfusion for future buyers of the fuitaing envelopes. Ifeel that it would be more accurate and reisonable to showdesign elevations that reflect the rnitigation that will benecessary due to the rockfall hazard. (please subrnit byJuly 10th at 5:00 p.M. to the Connunity DevelopmentDepartrnent. )
Final- drainage, landscape, utility, and road (if anythingis changed) plans should be submitted.. These'drawings aienow tj-tled as preliurinary plans. They should be titled asfinal plans. Fire hydrants should also be located on theutility plan according to the Fire Department regulations.CompJ.ete engineering plans and specifications foi allhrater, sewer, and other utilities must be sholrn on theutility plan. The landscape plan shoul_d be revised toshow the additional six aspen trees and boulder retainagenear the entrance as requested by the Design Review Board.and the removal of the four parking spaces on the westernportion of the subdivision. (please iubrnit by July lothat 5:o0 P.M. to the Comrnunity Development Depirtnent.)
The covenants for the subdivision should be signed and.revised to include staternents concerning rockfill asoutlined in the ordinance.- Larry Eskwith, Tohrn Attorney,must also review the rockfall language. The guidelinesection of the covenants should also-be ctrangia to read,
2.
3.
ItGuidelines for the
and tracts shall be
development of the building envelopesadopted by the comrnittee, *hich shlll,
4.
LZo*pr"ment theprovisions of these protective covenants. Guidelines maybe amended frorn time to tirne with the rnajority vote ofapproval from the committee and approval of the Town ofVail Oesign Review Board. The guidelines will beavairable fron the chair of the design cornrnittee and rownof Vail Community Development Departnent.n
The final covenants should be subrnitted to Larry Eskwithby July L0, 1987.
The wordingt on ttre fj.nal plat under Notes #4 should bechanged to read,
rrThis entire subdivision lies in a geologicallysensitive area as identified by a rown oi Vailrockfall study prepared by Schmeuser and Associates,Inc., November 29, L984 and development shall besubject to the rnitigation for rockiall as outlined inthe EIk Meadows subdivision protective covenants andTown of Vail Ordinance 95, series of 1985. Recordedin Book_ at Page _ with Eagle County.rl
The portion of the subdivision that is effected by therockfall should be indicated on the final plat by shadingor some ottrer graphic notation.
Before recording the final plat, you will need to submit alegal written agreement for the completion of thesubdivision improvements and a cash escrow, letter ofcredit, or performance bond to cover j.SO? of theimprovernent costs. This requirement is outlined. inSection 17.L5.250 of the Subdivision Regulations. Thisagreement should incrude the pranning cornmission and TownCouncil condition of approval that rThe applicant agreesto revegatate the access road if the general subdivisionimprovernents are not completed by Sep€ember I, j,989.n
General subdivision improvements are defined in Sectiont7.L6.l-5O of the Town of Vail Subdivision Regulations.
Two.siqned mylars of the final plat should be submitted.I will let BilI Andrews, the Fire Department, CommunityDevelopment, and Larry Eskwith review your paper copie-sbefore you actually bring in the signed nyflri to savetime. I will get the staff commenti back to you by JuIy8,_L987 so that,you can work on getting signalures on themylars and submit them to me by July tA, tgAZ.
5.
6.
All of the above infornation except where noted. for the finaLplat should be subrnitted to ne by July LO, Lgg7. Ifinfornation is not submitted. according to the timerine, thestaff may be forced to table the project. please try to workon getting this infornation to us on tirne so unnecessaryproblems are avoided. Thanks for your cooperation.
{f y"g have any further questions about these conments, preasefeel free to call rne.
Sincerely,
r) I nl
fiirlo,n YrirtKristan Pritz
Town Planner
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EAGLECOUNT\T
551 Broadway
Eagle,Colorado 81631
(303) 328:7311
June 29, 1987
Mr. l4ike J. Lauterbach
Lamar Capital Corporation
P. 0. Box 3451
Vai'l , C0 81658
RE: Grading Permit #3015
Dear Sir,
As of today, we have not
soil s report.
seen any engineer reports for the subsurface
As we have d'i scussed in the past, the structural materia'l placed in
borrow form was to be replaced as to the road construction specifications.
All road construction shall be done to the specificat'ions approva'l at the
t'ime of pennit approval .
Engineer testing and reports are requ'ired prior to final approval .
It is your responsibi'l 'ity to call our office for a final inspection after
all of these matters have been completed.
S i ncerely,
Gerald Best,
Bu i'ld'i ng Off i c'ial
Treasurer
P.O. Box 479
Eagle, Colorado 81631
GB/ehxc: Town of VaiI
LarrY Metternick
Susan Vaughn
Mike Mollica
Files
Enc I osure
Board of County Commissioners Assesor
P.O. Box 850 P.O. Box 449
Eagle, Colorado 81631 Eagle, Colorado 81631
Oerk and Recorder
P.O. Box 537
Eagle, Colorado 81631
Sheriff
P.O. Box 359
Eagle, Colorado 81631
oo oo
INTEP.-DEPARTHENTAL RIVI El^l
PROJECT:
DATE SUBMITTED: fuo f,4+-
CCI"f4ENTS NEEDED BY:
BRIEF DESCRIPTION OF T
PUBLIC I{ORKS
Reviewed by:
Com:nen'r.s:
-4Date /- {'Q t'
6L
PROPOSAL:
DATE OF PUBLIC HEARING .)-.-_*_J. -\- {r$
\A .v*\'rv ,s'd \$
)
Date
FIRE DEPARTMENT
Reviewed by:
POLICE DEPARTI4ENT
Reviewed by:
Connents:
Date
'{i,
RECF:iATiON DEPARTI.IiNT
Rev i ewed .by:
Co;--uents:
Date
J.P. Edrington
Sales Associate
VailOBeaver Creek
RESORT REAL ESTATE
A srb.idiary of Vail Assdiaas, lnc.
Post Office Box 7 o Vail, Colorado 81658 t 3O3/476-j393
Denver Line: 303/6214925 Rcsidence: 3O1/ 476-2754
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APPLICATION FOR
MAJoR suBDIVISIoN REVIEI,, (F,'^*t 4*)
(more than 4 lots)
A NAME OF
MA ILiNG
APPL ICANT (.^-. Ctp,\lt/ Co.
ADDRESS P.o. 6ox 3451 Cc
PHONE 4fC-6?44
a NAME OF APPLICANT'S REPRESENTATIVE la-lonl *c- L
MAILING ADDRESS P-.t&t 34d/ Vet'/, Ct trrCtB PH}NE 476,6q 4+
c.NME OF
OWNER'S
MA IL ING
PROPERTY
S IGNATURE
0WNER (
v-P PH]NE (76-614
P.a. 4-* 315/ADDRESS
LOCATION OF PROPOSAL
LOTS
Va.'/ Co 6/C 5
/ t'oe, ' 5 4',(..5"r /. /7s v.r/z . Ptteefr
BLOCKS SUBDIVISION
BLOCKS SUBDIVISIONLOTS
E. FEE $t 00. 00
INCLUDE a Ijst of all adjacent property owners and their mailing addresses.
SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEI,J CRITERIA
Submittal requirements, review criteria and the approval process for major
subdivisions can be found in Chapter 17..|6 of the Subdivision Requlations.
rl
PAID 6/zcl31 -fr 2o rr------7-.-..|-L a-t-^- (r',- (
F. CONSULTATION REQUIRED
The fjrst step is to request a meeting wjth the zoning adminjstrator to assistin meeting submittal requirements and give the proposal a prel iminary review.
lJ.
H.
***MEMORANDUM***
TOI FETER PATTEN J /FROH: I'IIKE HcGEE ////
FIRE MARSHAL,/
DATEr JUNE 22, I9A7REr ELH f"4EADBWS
**********
I wanted to respond in writing to the I n terdep artmen tal item on the
agenda {or today'g meeting regarding Elk l'leadows and the PEC, DRB and TE's
comment that the west fire department turn-around is excessive.
First, it ehoul d be noted that the requirement {or a tttrn-around ie a
minimurn code requirement. A copy of the code section is attached.
Second, Mike Lauterbach was advi sed o+ this requi rement over a year
ago, prior to the deannexation o{ tl"re Val1ey, prior to his submittal tothe County, and again prior to his eubmittal to the Town o{ Vail. He hag
not requested an appeal , a variance or additional in{orrnation {rom the
Fi re Departrnent di rectl y.
You ghourld be advieed that he did aek me i{ I wouldr on his behalft
object to the four parking epaces immediately west o{ the turn-around cul-
de-sac. When I agked why I, as Fire l"larehal , shoul d object, he adviEed me
that Kristin Fritz had required these spaces be separated from the cul-de-
sac.
The Fire Department does not object to combining the turn-aroutnd ag
required by UFC 10.107(h) with the reqcrired par[,:inq, nor do we object to
alternative designs for the turn-around, In as much a;i we do not "detign"{or developers, we cannot dictate the exact con{iguration r but we are open
and willinE to rnake suggesti on6 as to other con{igurations that have
proved worl.iable in other projects.
Assistant Chie{ John Gulick and I went to the site again this morning
and viewed the site on {oot. We {eel the need for a turn-around point is
essential , given the length o4 the dead end road, the grade and the
rerverser angle entry that we would be required to drive the apparatus
throutgh. Witholrt the minimnm turrn-arolrnd point as required by the codet
we would have tr: back the apparatlts t-tp a grade with a slight curve for a
distance o{ approxirnately 36O {eet. This iE not advigable Eiven climatic
concerns, safety igeueg and commonl y recogni eed sa{e drivinE practices.
We are available to meet with your and/or Mr, Lauterbach to resolve
thiri i ssue at your convenience.
BANNEtrl
June 18 | t9A7
l"li chael J. Laurterbach
F.O. Box 3451
Vail, C0. 81658
RE: Elk Meadows Subdivision Rockfall
Dear Mr. Lauterbach:
In response to one of the issues raiged in the CoIIins
letter, I feel very confortable with having no mitigation forpotential rockfalI into common, oFen space areas within the
proposed developrnent. Typicall.y, the intent of open areasf
as long as there are no pErmanent communi ty structureg such
ag of f ice:; or meeting places, is to provide space {or gravity
related geologic phenomena to occLrr with no damage to
structures, and minimal chance of exposurre to personal
injury.
When I prepare a report for clients owning, for instance, a
one dcre parcel for the clevelopment of one single familyregidence, the site is either located away {rom a haland,including perhaps rockfaIl.' or mitiEation techniques are
empl oyed to direct any potential geo!.ogic occr-rrrence around
the homesite into the open spsce. This is the most prudent
approach r as we cannot protect every square foot of property
and still live in the mourntains.
I hope I have adequately addres=ed this parti cutlar contreFn,Fleage contact me if therre are further uuestions.
5i ncerel y,
SANNER ASSOCIATES,
BANNER ASSOCIATES, INC,
CONSUUTING ENGTNEERS & ARCHTTECTS
2777 CROSSROADS BOULEVARD
GRAND JUNCTION, CO 81506 e l3(J3r 243-2242
ItlL,/cl tl
Nicholas Lampiris, PhD.
Froject Geologist
BANNER ASSOCIATES. INC.
CONSUUTNG ENGINEERS & AACHITECTS
SUTTE 5, 605 EAST MAIN
ASPEN, COLORADO 8l5ll ' 803) 928-sBS?
Project Application
Proiect Name:
Proiect Description:
Contact Person and
Owner, Address and Phone:
Architect, Address and Phone:
I
Legal Description: Lot
Comments:
Filing Zone
-
Design Review Board
""" d/,Yo
rlielq_
o* Yiva
APPROVAL
J -
Motion by:
Seconded
DISAPPROVAL
^,t\
4tl1t,F
Date:
D statt Approval
irnportant that the visual continuity of the development be
established prior to construction and that controls be put
into place that ensure that the project lrill be developed in
a architecturally compatible style and with compatible
building naterials.
To acconplish this goal, the owner has developed a
protot,ypical building design as well as specific design
guidelines for the site. The olrnerrs 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 tbe necessary visual continuity
necessary to provide both existing and future residents of
The Valley with a pleasing visual experience. A Eomeowner's
Association will be forned and, a1?Il9 with the Tgwn of vail,lb
will be responsible for enforcing these Design Guidelines.
A copy of the Declaration of Protective Covenants for the
Subdivision are contained within the Appendices of this
Repo rt.
fhe prototypical building site plan and building elevations
are shown in Figures 4-9. The Design Guidelines are
proposed to be as follows:. . 11qu,n\o"r{vrn-oftu^d {Yde{n
Roof pitch IS.lIr
2. Roof rnaterial be either
in color.
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Siding naterial shall be either cedar or redwood
and shalt be applied horizontally as indicated on
the prototypical building elevations. only light
colored stain shall be applied to siding.
Either stucco or siding shall be applied to
exposed concrete foundation waLls' If stucco is
utilized it shall be light in color.
AII windows shall be white metal clad ndows.
san lconies shall s\ruct
2X t2 ilinds and that are
lea ll
Alt roofs shall have overhangs of at least 1 foot in
order to protect walls and wall openings from rain and
snow and to contribute to the buildingrs character.
Proper inplementation of these guidelines, iD addition to the
Town of Vail Design Review Process can provide the review and
control to nitigate any negative visual irnpacbs which might
result.
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ELK MEADOWS CONDITIONS OF APPROVAL
l-. The development of each building envelope will comply with
the environmental impact report, especially the design
recornmendations cited by Mr. Dan Pettigrove in a letter
concerning design rnitigations for rock fall hazards. Each
individual owner will be responsible for completing the
rockfall rnitigation measure per the Pettigrove letter.
Studies will meet the standards outfined in Section
L8.69.o52 of the Town of Vail zoning code.
2. The proposed preliminary landscape plan and design revi-ew
guidelines will be reviewed by the Design Review Board for
their approval before final plat submittal.
3. The applicant agrees to revegetate the access road if a
building perrnit is not received and acted upon to cornplete
the general subdivision improvements by September 1,
'W1'
4. The declaration of protective covenants for the Elk Meadow
Subdivj-sion states that design guidelines may be adopted.
The staff would require that the wording be changed tostate that design guidelines shall be adopted. The full
paragraph would read:
ItGuidelines for the developrnent of the building
envelopes and tracts shall be adopted by the
Cornmittee, which shall, among other thi-ngs, interpret
and/or i-mplement the provisions of these protective
covenants. Guidelines may be amended from time to
tirne with the rnajority vote of approval from the
Committee and approval of the Town of VaiI Design
Review Board. The guidelines will be available from
the chair of the Design Committee and Town of Vail
Community Development Department. rl
5. The following engineering inforrnation will be submitted to
staff by June L5, L987.
a. The revised master drainage plan.
b. The preliminary plan will be revised to show the new
turn-around dimension on the west end of the
property.
c. The road plan will have an engineerts stamp. Thepreliminary plan will be adjusted for square footage
totals due to the removal of the four " guest
parking spaces on the west end of the proj ect.
d. A letter from Nick Lampiris will be subnitted to
address the rock fa11 design requirements. Agraphic is suggested.e. Gas line and fire hydrants will be indicated on the
utility plan in the appropriate areas.
o
For information purposes, the staff would l-ike to note
that the major subdivision regulations require the
completion of general improvements for the subdivision as
outlined in Section l-7.1-6.150 to be installed within four
years of the date of PEc approval or the plat shall become
instantly invalid. Al1 right to improve or develop the
property on the part of the owner or subdivider shall
thereby be relinquished. This requirernent is stated in
Section L7.L6.330 of the vail subdivision Regulations.
ft shall also be noted that in respect to SDD approvals'
the applicant must begin construction of the special
development district within l-8 months fron the time of the
projectrs final approval according to Section L8.40.L00 of
the Tovm of Vail zoning Code.
''!I
ORDINANCE NO. 19
Series of 1987
AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT
(KNOI{,N AS SDD NO. 16, ELK MEADOWS) AND THE DEVELOPMENT
PLAN IN ACCORDANCE },IITH CHAPTER 18.40 OF THE VAIL MUNICIPAL
CODE AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 18.40 of the Vai1 Municipal Code authonizes Specia'l
Deve'l opment Districts within the Town; and
WHEREAS, Lamar Capital Corporation has submitted an application for a Special
Development approval for a certain parcel of property within the Town known as The
Valley, Phase III, part of Parcel A, L'ion's Ridge Subdivjsjon Filing No. 2 to be
known as Specjal Development Djstrict No. 16; and
t,|HEREAS, the establishment of the requested SDD
and coordinated development within the Town of Vail
area in which it is situated; and
WHEREAS, the Planning and Environmental Commission has recommended approval of
the proposed SDD; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and
beneficial to the Town and its citizens, inhabitants, and vjsitors to estab'lish
such Special Development District No' 16:
NOi{, THEREFORE, BE IT ORDAINED 8Y THE TOl,tN COUNCIL OF THE TO|I|N OF VAIL,
COLORADO, THAT:
Section l. Amendment Procedures Fulfilled. Planning Commission Report.
The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have
been fu] filled, and the Town Councjl has received the report of the'PIanning and
Env'ironmental Commission recommending approval of the proposed development plan for
sDD 16.
Special Development District No. 16 (SDD No. 16) and the development plan
therefore, are hereby approved for the development of Phase III The Va1 ley' part of
parcel A, Lion's Ridge Subdivision Filinq No. 2, within the Town of Vail consisting
of 3.6 acres.
Section 3. Purpose
Special Development Distrjct 16 js established to ensure comprehensive development
and use of an area that will be harmonious with the general character of the Town
of Vail. The development is regarded as complimentary to the Town by the fown
Council and meets al 1 design standards as set forth in Section 18.40 of the
16 will insure unified and
in a manner suitable for the
(
Municipal Code. As stated jn the staff memorandum dated June 8, 1987, there are
significant aspects of Special Development District 16 wh'i ch are difficult to
satisfy through the imposition of the standards of the Residential C'l uster zone
district. SDD 16 allows for greater flexibjlity in the development of the land
than would be possible under the current zoning of the property. In order to help
preserve the natural and 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 bu'i'l ding envelopes wjll also permit the phasing
of the development to proceed according to each indjvidual owner's ability to
construct a residence. SDD 16 provides an appropriate development plan that
maintajns the unique character of this site g'iven the djffjcult site constraints
which must be addressed in the overal 1 design of the project.
Section 4. Development Plan
A. The development plan for SDD 16 is approved and shall constitute the plan for
development wjthin the Specjal Development Djstrict. The development plan is
comprised of those plans submitted by Lamar Capital Corporation and consists
of the following documents, which wi'l I be finalized at the major subdivision
final plat review:
1. Elk Meadows Subdivjsion Phase III: Preliminary Plan Building Envelopes
and preliminary utility pian, Phase III The Val'l ey, February 23, 1.987,
l4r. Lee Lechner, CoJorado Registered Land Surveyor
Elk Meadows Subdivision Phase III Access Road Design Drawing, John
MacKowen, Surveying and Engineeri ng, Inc., June 5, L987
FINAL Landscape Plan, E'l k Meadows, Phase III, Mr. Dennis Anderson,
Associates, June 30, 1987
Elk Meadows Subdjvision Phase III preliminary drainage plan, Mr. Don
Pettigrove, P.E., June 1987
Environmenta) Impact Report submjtted by Mr. Peter Jamar, Associates,
Inc., May ll, 1987 which includes Design Gujdelines, Rockfal1 Mitigation
requirements, and a preljminary utjlity plan. The following letters are
also part of the EIR:
a. Letter from Mr. Don Pettigrove, P.E- to Mr. Mjke Lauterbach, June
12, 1987. Re: preliminary drainage plan/geologjc hazard mit'i gation
Eik f{eadows Subdivision
2.
5.
4.
5.
I
b. Letter from Mr. Nicholas Lampiris, PH.D, to Mr. Mike Lauterbach,
June 15, .l987 Re: Elk Meadows Subdivision, Rockfall
c. Letter from Mr. Don Pettigrove, P-E. to Mr. Peter Patten, June J.6,
1987. Re: E'l k f'leadows Subdivision Phase IIi, drainage
d. Letter from Mr. Nicholas Lampiris, PH.D, to Mr. Michael Lauterbach,
June 18, 1987, Re: Elk Meadows Subdivision, Rockfall
6. Other general submittal documents that define the development standards
of the Special 0evelopment 0istrict.
B. The developnent plan shall adhere to the following:
l. Acreage: The total acreage of the site is 3.6 acres.
2. Permitted Uses: The permitted uses for the site are proposed to be:
a. Single family resjdential dwellings
b. Two-fanily residential dwe11ings
c. 0pen space
d. Public and private roads
3. Conditional Uses:
a. Public utility and public servjce uses
b. Public bu'i Idings, grounds and facilities
c. Public or private schools
d. Publjc park and recreation fac'i litjes
e. Ski lifts and tows
f. Pri vate clubs
S. 0og kennel
4. Accessory Uses:
a. Private greenhouses, toolsheds, playhouses, attached garages or carports,
swimming pools, patios, or recreation facilities customari 1y incidental to single-
family or two-family residential 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 customari'ly incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof;
d. Horse grazing, subject to the jssuance of a horse grazing permjt jn
accordance with the provisions of Chapter 18.58.
5. Parcel Acreages and Uses
a. BuiIding Envelopes
1. .07 acres, 1 single family unit
Z. .07 acres, 1sing1 e fami'ly unit
3. .06 acres, I single family unit
4. .05 acres, 1 single family unit
5. .10 acres, 1 duplex unit
6. .08 acres, 1 dupl ex uni t
7- .05 acres, 1 single family unit
b. Tract l: 2.467 acres open space
c. Tract 2: .6927 acres private access road and parking
6. Setbacks - Minimum setbacks for the.l ocation of structures with relations
to building envelope perimeter lines shall be as follows:
a. No structure shall be located on the utility easement as so designated
on the final plat of the subdivision.
b. No structure shal 1 be located less than two feet from either the east or
the west perimeter line.
c. No structure shalI 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
building envelope.
7. Density: Approval of this development p'l an shall permit nine (9) dweljing
units which includes 5 single family units and 2 duplex units.
A buildjng situated on a sing'l e unit residentjal bujlding envelope shall
not contain nore than 1,777 square feet of GRFA; a building situated on a two unjt
residentjal bujlding envelope shall not contajn more that 3,554 square feet of
GRFA.
8. Building Height: Building height shall be 33 feet for a sloping roof.
9. Parking: Two parkjng spaces shalI be provided per unit with one of the two
spaces being enclosed.
10. Landscapinq: The area of the s'i te to be landscaped shall be as indicated
on the preliminary landscape p1an. A detailed landscape plan shall be submitted to
the Design Revjew Board for their approval . The Design Review Eoard approved final
landscape plan shall represent the general subd'ivisjon's landscape requirecnts.
The entire portion of the buildjng envelope not covered by pavement or
buildings shall be landscaped as well as any areas outside the building envelope
disturbed during construction.
11. Design Guidelines: The Design Guidelines shall be submitted to the Design
Review Board for their approval . The DRB fina) design guirleljnes shal 1 represent
the approved des'i gn guidelines. Design guidelines for the site are as follows:
a. Roof pitch shall be.BETWEEN 4 feet in 12 feet AND 6 FEET IN 12 FEET.
b. Roof materiai shall be METAL STANDING SEAM OR A METAL STAMPED CATIFORNIA
TILE F0RM and be ejther charcoal grey or DARK NAVY blue jn color.
c. Siding material shall be either cedar or redwood and shal 1 be applied
horjzontally as indicated on the prototypica1 buiIding elevations. Only iight
colored stain shall be applied to siding.
d. Either stucco or siding shail be applied to exposed concrete foundation
wal Is. If stucco is utilized, it shall be light jn color.
e. All windows shall be white metal clad windows.
f. AlI roofs shall have overhangs of at least I foot in order to protect
walls and wall openjngs from rajn and snow and to contribute to the buj'lding's
character.
12. Recreation Amenities Tax:The recreation amenities tax is $.30 per square
foot.
13. Protective Covenants: Prior to major subdivision final plat approval , the
developer shall fjle protective covenants on the land records of Eagle County which
will provide that each owner that builds a structure on a designated building
envelope shal1 comply with the design guidelines and rockfall mitigation
requirements as outlined in the EiR by Jamar Assocjates May 11, 1987. Copies of
the guidel ines and mitigation requirements sha'l I be available to prospective
purchasers at the Community Development Office and Developer's office.
The covenants shall also state that an owner may choose to have another
qualified engineer,/geo1 ogist design appropriate rockfal1 mitigation measures, as
long as the mitigation solution does not have negative visual impacts and is
approved by the Town of Vai'l Community Development Department and Town Engineer.
The covenants sha'l I also provide in regard to the covenant dea'l ing with