HomeMy WebLinkAboutELK MEADOWS SUBDIVISION COMMON 4/rLT COPTLaw Office of
Arthur A. Abplanalp, Jr.
L.L.C.
Post Office Box 2800
Vail, Colorado
81658-2800
€lk Ae,J" s
Telephone:
970.476.0300
970.476.6500
Telecopier:
970.476.4765
E-mail: Art.Abplanalp
@earthlink.net
08 June 2009
Mr. George Ruther, Director
Town of Vail
Depanment oi' Communi [y Dcvcluptticl'i
111 South Frontase Road West
Vail CO 8165 7
Re: Elk Meadou,s Special Development District
Dear George:
This Office represents Buffehr Creek Vail, LLC ("BCV"), and its pnncipal, Mark Kalkus.
BCV is the orvner of Lot 1, Lia Zneimer Subdivision. The BCV property lies in a generally
rvesterly direction from Elk Meadows Special Development District, most of rvhich is ou'ned by
Mr. and Mrs. Bradley Tjossem, and which they apparently have been attempting to develop since
approximately 1987.
Mr. Kalkus recently has become aware of the possibility that Mr. and Mrs. Tjossem may
be considering an application to increase the allowable gross residential floor area for the
residences in Elk Meadows and to relocate at least one of the lots rvithin that SDD. Mr. Kalkus
has requested that I advise you that he is interested in working with Mr. and Mrs. Tjossem
cooperatively if any change to Elk Meadows is proposed. We have communicated that desire to
1\{r. 2nd Mrs. Tjossem. as well as our helief that any such application r.vill be enhanced if there is
communication between them and Mr. Kalkus going into the process. As we all knorv, too often
applications find their way into the Town of Vail land use regulation process without
communication with adjoining property owners. That lack of communication can create discord
not only between the parties, but also within and before the Town officials, boards and
committees through whom any such application is processed. We hope this problem can be
avoided. It has been my observation (and almost cerlainly has been yours) that communication
and cooperation between an applicant, potentially affected parties and the Town significantly
enhances the possibility that the result of any proceeding is both expedited and more likely to be
consistent with the expectations (or at least the tolerances) of all concemed. We would like to
r.vork tou,ard that end.
Physical Address:
Suite 301
Vail 21 Building
472 East Lionshead Circle
Vail. Colorado
81657
In the event contact is made with the Town related to any change in the land use
regulations governing the Elk Meadows Special Development District, we request that the Town
contact Mr. Kalkus through the address found below and that the Town contact this Oflice
advising us of the pendency of any such application. Mr. Kalkus and I hope that we may have
the opportunity to work cooperatively in association with any such effort.
If you have any questions, you may contact me.
Thank you for your attention to this matter.
xc: Buffehr Creek Vail LLC
2 Peregrine
Littleton CO 80127
OF VAIL
17 VA|L ROAD VAIL, COLORADO 81657 970-476-5686
Torvn of VaiI
Po Box 100
VaiI CO 81658
Dea.r Si-r or Madam:
FirstBank of VaiI agrees to extend the
for an additfonal two years. Al- l- terms
renain the salrre, except the expiracion
to November 3C, 2011, Afl drafts must
Nowedber 30, 2011.
November 30, 2008
RE: Letter of Credit: No. 859-8169
In the amount of: ${9,500.00
For the accoilnt of: Tiossem,
BradleyR&susanL
Expiration Date: Novefliber 30, 2011
above mentioned Letter of credit
of this Letter of Credit shalf
date, which j-s hereby extended
be negotiated no later than
If you have any questions regarding this matter, please do not hesitate
to contact me at 970-4'19-3307.
s i nce rel- y,
f,Lr.'''--t A \----
Adina D Dean
senior Vice P re s i-dent
ADD,/ nwp
Page I of I
Bill Gibson - Elk Meadows, SDD #16
rQt
From:
To:
Date:
Subject:
Bill Gibson
btjossem@slifer.net
OU09|2O07 L:27 PM
Elk Meadows, SDD #16
Hey Brad,
The Town of Vail Department of Community Development has reviewed Section 7 of Ordinance No. 17, Series of
1990, and determined that the prqrisions of Special Development District (SDD) No. 16, Elk Meadows, have not
expired. This SDD is still valid and applicable to the subject properties.
Sincerely,
Bill
Bill Gibson, AICP
Town Planner
Town of Vail
75 South Frontage Road
Vail, CO 81657
(970) 4t9-2r73
(970) 479-2452fax
file://C:\Documents and Settings\Administrator\Local Settings\Temp\GW) 00001.HTM 02/0912007
I-TBA]K
OF VAIL
17 Vail Road
Vail, CO 81657
(970) 476-s686
"LENOER'
P.o. Box 2975vail, co 81658
TR-EP}IOIIE NO.
EXTENSION/
MODIFICATION OF
IRREVOCABLE
LETTER OF CREDIT
75 Southvail, co
TELEPHONE
'{O.
ADDRESS
Frontage Road
81557
IDENfIFICATIOT O'
8s98169
CUSTOMEF
Bradley R. ,TjoEEeDSuaaD L. TioEEeD
EXPIHATION DATE
This Letter ol Ctedit has been exlended and shall exPire uPon the
earlier oti
1. 'the close of business on
l{ovenber 30, 1997
and all drafts and accompanying statements or documents must
be oresenled to Lendsr on or betore that time; or
2. the dav that Lender honors a draw under which the full amount
of this Leiter ot Gredit is drawn
ADDRESS
I.ExTENsIoNoFLETTERoFcRED|T.Lenderindicatedabovel''Lender'')he]ebvextendsan|'revocab
the accouni ol customer in tavor ol Beneliciary lor tt'" "ut or r"itty-tfriti!f,nti--ind no/ f oO
3.oTHER'A||otherlefmsandconditionso'this|rrevocab|eLettero|creditsha||remainthesameexcepl:
Letter of Credit establishsd al the request and tor
Dollars ($
Fort
Dollars
Dated: Noveeber 3O, 1995
LENDER: FiratBank Of Vail
EXTLOC (0/94)
T-TBA]K
OF VAIL 17 VA|L ROAD VA|L. COLORADO 81657 303-476-56a6
November 30, 1993
Town of Vail
75 S. Frontage Rd.
vail , c0 81557
Attn: llike Mollica
RE: Letter of Credit #859-8169 for
the account of Bradley R. and
Susan Tjossem daled November
30, 1,990 in the original
amount of $50,000.00, s ince
rnodified to $49,500.00.
Gentlemen :
We have agreed to extend the above nentioned letcer of credit for an
additional twenty- four months. The terns of the letter of credit shall rernain
the same except that the expiration date is hereby extended to Novernber 30,
1995 and ell drafcs must be negotiated no later than November 30, 1995.
If you have any questLons regarding this, please do not hesitate to contact
me,
'sty,
Vice Pres ident
TAs/ks
T-TBA]K
OF VAIL 17 VA|L ROAO VAIL. COLORAOO 81657 303-478-5686
n':n,t DEC 4 1992
November 30, t992
Town of Vail
AEtention: Mike Mollica
75 South Frontage Road
Vail. Co 81651
RE:Letter of Credit #859-8159 for
the account of Bradley R. and
Susan Tj ossern dated Novernber
30, 1990 in the original
amount of $50,000.00 s ince
urodi f ied
Gentlemen:
We have agreed to extend the above rnencloned leCter of crediC for an
additional twelve months. The terns of the letter of credic shall remain the
same except that the expiration date is hereby extended to November 30, 1993
and all drafts must be negotiated no later than Novenber 30, 1993.
If you have any questions regarding this, please do not hesitate to contact
me.
Pres idenE
MRR/km
Executive Vice
t-TBAI{(
OF V\IL
November 30, l9 91
Town of Vail
Attention: Mike Mollica
75 South Frontage Road
Vai1, CO 8L657
RE: Lecter of Credit *859-8169 for
the account of Bradley R. and
Susan Tj ossen dated November
30, 1990 in the original
anount of $50,000.00.
Gentlemen:
We hawe agreed to extend the above mentioned letter of credlt for an
additional twelve nonths. The terms of the letter of credit shal1 renain the
same except thac the letter of eredit amount is hereby reduced to $49,500.00
and expiration date is hereby extended to November 30, L992 and all drafts
must be negotiated no later than November 30, 1992.
If you have any quescions regarding this, please do not hesitate to contacc
me.
Execucive Vice President
MRR/km
ni..'il rr:i 'i 0i3gi
17 VA|L ROAD VAIL, COLORADO 81657 303-476-5686
FILE COPY I
lnwn
75 touh lrontEe rcld
vr[, colortdo E1657
(3fir) 47$438
(3Cr) 47$'2139
olffce of communtty deuelopment
July 10, 1991
Brad and Susie Tiossem
P.O. Box 2975
Vail, CO 81658
Re: Elk ileadows Subdlvlslon
Dear Brad and Susie:
As a follow up to our last telephone conversation, and a letter I addressed to you on April 19,
1991, enclosed is a refund check in the amount of $500. This relund is for your application
for a Special Development District amendment, which was submitted to the Community
Development Department on June 25, 1990. At your request, we are relunding the application
fee and the SDD amendment will be considered withdrawn.
lf you should have any questions or comments on the above, please do not hesitate to
contact me at 479-2138.
Sincerely,
h1/. /4"u;
Mike Mollica
Assistant Director of Planning
lab
Enclosure
o "';i i Fl lt.t
"i,." t I
F,TBAI( il Ylb'o.ls?*
",u.,
7s.south frontage road
Edi,il'i51!i,s'u.'
PAYFIVE-HUNDRED DoLLARS AND NT] cENTs
T./OsSEH, BRADP. o. Box 2975VAIL, CO €tI65A
,:"it- - t
07 / t1/?,0674A5
TO
tnE
ORDER
OF
n.OE ?Lg 5il.r: lo r to-tEE
rr trJr r* *.r+t{.J{.50 O. OO
Oll?rF
.ioo
o FILE C0PY
75 south frontage road
Yail. colorado 81657
(303) 47$2138
(303) 479-2139
office ol communily development
April 19, '1991
Brad and Susie Tjossem
P.O. Box 2975
Vail, CO 81658
Re: Elk Meadows Subdlvlslon
Dear Brad and Susie:
As you are aware, your submittal for an amendment to the Special Development District for
the Elk Meadows Subdivision has been placed on hold by the Community Development
Department. Your application for this Special Development District amendment was submitted
to our department on June 25, 1990. The application was scheduled before the Planning and
Environmental Commission on August 27, 1990, and at that time the Planning and
Environmental Commission, at your request, voted to table the amendment proposed for an
indefinite period. Since that iime, no action has been taken on this application.
Due to the volume of submittals currently before the Planning and Environmental Commission,
and because your application is substantially incomplete at this time, we request you withdraw
your application and resubmit when your redevelopment plans are complete and finalized.
Should you agree to withdraw your request at this time, please submit your request in writing
to me, and I will see that your $500 application fee is promptly retunded.
lf it is your desire to proceed to the Planning and Environmential Commission with this
application, please contact me as soon as possible so we may meet and discuss the
deficiencies in the submittal materials.
\B:I
Brad and Susie lossem
April 19, 1991
Page 2
I would also like to brlng to your attention the fact that your two inevocable letters of credit,
one in the atnount o1941,25A and the other in he amount of S15,500, both of which are with
the First Bank of Vail, are sdreduled to expire on May 1 , 1991 , and May 1 6, 1991 . respect-
ively. Due to the short fuse on the expiration on these letters of credit, please contact me as
soon ars possible to discuss your plam for the completion of fie subdivision improvemenb.
My telephone number at the Community Development Department is 479-2138. I look fonrard
to hearing from you.
Sincerely,
ful& n,h
Mike Mollica
Senior Planner
labcc: Kristan Pritz
Mark Ristow
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17 VA|L ROAD VAIL, COLORADO 81657 303-476-5686
DATE:
AUOI'NT:
NIJMBER:
EXPIRATION:
November 30, 1990
$s0,000 .00
859 - 8169
November 30. 1991
't "r_t l- +L^
courp l iance
of Vail on
"Bradley R. Tjossem and Susan Tjossem have
not completed the construction of the
improvements in Elk Meadows subdivision
pursuant to the approved p1ans. "
This Letter cf CreCit replaces anC voiCs thcse Let.ters cf Credit No.
anounts of $15,500.00 and 941,250.00.
We hereby agree that drafts drawn under this Letter of Credit and inwith the terms, shall be promptly honored if presented to FirstBankor before Novenber 30. 1991.
ly,
f,TBA]K
OF VAIL
IRREVOCABLE LETTER OF CREDIT
Town of I'ail-
P.O. Box 100
Vail , CO 81558
Gentlemen:
We hereby oPen our Irrevocable Letter of Credit in your favor available by your
drafts drawn on the FirstBank of Vail, 17 Vail Road, Vail, Colorado 81657, aEsighc for any stm noc exceeding the roral of FrFTr rHousAND AND 00/100($50,000.00) on the account of Bradley R. Tjossern and Susan Tjossem.
Each draft musE bear upon its face the clause, rrDrawn Under Letter of Credit No.
859-8169 daced November 30, 1990 of FirsrBank of Vail, Vail , Colorado.,, The
amount of each drafc which is negotiated pursuant to this credit, together withthe date of negociation, must be endorsed on the reverse side of the Letter ofcredit. Each draft xnust be accompanied by a statement executed by the Tovn
Manager stating the following:
MRR/kn
Executive Vice Pres ident
a (o
lliU u' nr ir .-r v tCJl
:l -'
MiK€ Mol rrCA-..
i\tub\x-c-ta Hr. Ho.{-e-i}
cornPrrc rnLbe-" % th&
iori S \ no,.-R_ arno\,\nt .
auaanr f5xun,
I
I
o
' , ! /.r,, ,, ,
Mike Mollica
Senior Planner
Vai I Community Development
Dear Mike,
We are requesting your approval to reduce our current letter of credit
for SDD#16, Elk t'leadows, to $26,524.00 from the current amount.
This change reflects a substantially reduced amount. It is due to the
advancements in road technology that B&B Excavat'ing knew about and have
used successfully for years. B&B's proposal was accepted by Inter-Mountain
Eng'ineering's Jeff Spanel and Town of Vail Engineer' Greg Hal1.
Phase I of the roadway re-construction and paving has been completed.
The new letter of credit will cover Phase II of the roadway and a second
fire hydrant for the development.
Si ncere ly ,)'er\bc\-r\ J2tc)>Scrn
Susan Tjossem ()
Elk Meadows |hns"fr -#zzozl'^J -rr1.1500. /;1 l/^*4
f 2b,52-1.o3
:
,r
o
,7
,?
t, lf? /
/0, tl71
41, zso,
/Sr too,
56,750
Q) A*-"t*t t. o,C. fr #so,dz,v.i W
B&
Colorado
B D(CAVATING,C.
Drawer 249 c Vatl,81658 . (303) 949-5889. (303) 926-3311. Fax (303) 926-2344
QUOTATION
TO. Brad and Susie Tjossern DATE:8-7-90
bx 2975
Vail, C1). 81658
JOB NAI\4E: Elk titeado$/s Subdj-vision
;9g4r,g*, Lions Rj-dge Loop
ATTN:
For your consideration we offer the folloudng quotation which if accepted shall constitute
a contract between us:
1). Excavate E)<istjlg Roaduray platform to a 18" depth, 30 feet wide.
2). Recsnpact excavated area to 95% standard procLor.
3) . Instal-I nrarifi 600X stabilization fabric.
4). Place and reccnpacE, excavated nraterial to 95% standard prrctor.
5). Shape subgrade to proper ]jnes and grades
6). Place and ccrnoact 6 inches class 6 roadbase
7) - place and ccnpact 2 inches grading ''E" asphalt to a 22 foot width.
8) - rnstal I asFha'l t dri ve,ways to lot 4 (390 Sg Ft.)
9) - F]r-tanrd pxi qf ing nrlrrert 1O feel- i f npcpssary-
10) . P]ace 38 feet of L8" cul-vert across roadlay if necessary.
Cost of phase I area = S 19853.00
Cost of phase II area =$ 22O24.0O
Total- cost r and rr = $ 41877.00
This project will be scheduled upon receipt of accepted contract. Please sign in the space
provided and return the original to us.
This quotation subject to conditions as shown on rev€rse side hereof.
SUBM ACCEPTED:
BY:BY:
POSITION: Division Manaqer DATE:
ldlnter-Mountain
1]\t'"gineering'd.
September 1'/, 1C90
Elrad Tjnsgem
Box 2975Vail, CO 81651J
tte: Roadway investigation
Tract Z, EIk Meadows iiubrlivisionProject No- 90198G
Dear Brad,
I have reviewed tlre proposal from B & B Excavating, Inc-, to
eonetruct the roadway in 'l'ract 2 of the Elk Meadows Subdivision.
This lel,l,er is written aL your request r a6 a foll-ow-up to our
invest,igation perfonned in May 1990.
The contractor's proposa] is to over-exeavate a 3O-foot
road plabform to a depth of 18 inchee, compact the surface of the
grouncl t.o S15% of its standard Proctor densj-ty (ASTM D-698),
install a -iayer of Mirafi ErOOX stabiliaat.ion fabric and then
replace bhe 16 inches of subgracle in compacted lj-fts- The
roadway will be constructed of 2 inches of asphalt on 6 inches of
conpacted aggregate base course.
This p'ropogal exceeds the minimum recommendat i-ons for an
interrnediat.e sol.ution for the construction of the roadway
conbaineti irr our report - Our experience has shown that the use
of geoLextiles in similar applications has greatly reduced the
incidence of localj-zed road failures. Ihe fabric wii-1 aLso help
in blidging the unclerlying fil1. However, it will not efiminate
the risk of futur.e settlements (refer to our original- report).
In closing, I would nrake a coupfe of additional
recornnrenclat ions. First, the asphalt thicknesg should be a
minimunr of 3 incheg- The Asphalt Institute doee not recomnrend
that asp'halt paving be inetalfed aL thichneasea less than 3
inches- (lourpael,ion testing should be dons on alL of the fill
material -
Box No. 978 . Avon, Colorado 81620 r 94$5072 Denv€r 893.1531
1420 Vance Street . Lakewood, Colorado 80215 r Phone: 232-0158
.:.-1--.._
of further assistance, please do not hesitate
Sincerely,
JMti : c"j n
cc: Chip Bair, ts & B
Bracl 'I j oseern
Paee 2
Septenrber 17, 1990
90198G
If we can be
to ca.Ll
SFanel-,
dent
NOTICE IS HEREBY
PUBLIC NOTICE
that the Plannlng and
o
CTVEN
o
Env ironnental
t ComnissLon of the Town of Vail will hold a public hearLng ln
accordance vith sectl.on 1g.o6.060 of the munl.cipal code of the
Town of VaiI o(r August 27, 1990, at 3:00 p.nJin.*=..---
l,[unicipal Building. Consideration of:
the Town of Vail
1.A request to apply an underlying zone dlstrict of(pqlf]of Pt1bl'w*Acconmodation all of Ipt 4 and l,t 7, Block 1,Vail,zlionshead Third Fillng, a subdivleion recorded I221 at Page 992 of the Eagle County, Colorado, Clerk anRecorderrs records, part of l.ot c, Uorcus Subdlvlslon, asubdivlslon recorded ln Book 255 at page ZO of the faileCounlyr Colorado, CIerX and Recorderrs records, belng Dore. particularly described as follows:
Beglnning at the Southeaat corner of Lot D, Morcussubdivleion, thence N 22'Bg'41" tt a dlatanci-"i'1s9.oi-fcet;thence S 83'25'.15" !{ a dlatance of 68.2g ieet;-thenceN 16'17-21" w to the southerlv rteht-oi-r"vtii". of lreetLionehead circle a dratance oi re5.se-ieeti trr"""" along aaldaoutherly rieht-of-sray an "". dl."tanea of ioo.Sl r.rt.iioni-icurvo to the left, eaid curve havlng a central angle of?9:gf'07", a radiuE of 892,00 feer ind whoee long chord bcaraN 57c48'28" 8 a dietance of 199.83 feet to a point of revereecurvature; sald^curve havlng a eentral a'gre ;i-46rr6ii:,:';-radirra of, 239.00 feet and whoEe long chorE u.""" N 6g.38-62.g adl'etance of 196-11 feet to a pornt 6f reversi curvaturc; thancecontlnuing along aaid right-of-way an arc dlatance of 46.n2 ieit,a central angle of 15'18'91.,, a radiue of 2OO.OO fect and whoaerong chord bears N 86'09'26" E a dietance of 46.3? feet to apolnt of, reverea eurvature; thence contLnuing an arc dl.atance of?1,-32-fcet, a central angle of o?o4?'o2", a i"Jin" of 52s.o0 fcetand whoae long ehord beare N ?s'86'29" E a dlctanca of 7t.2? fcetto a polnt of, reverae curvature; thencc 22:59 fcct alonf the irc'of a curve to the rlght wlth a cantral angle of g6.1?t0r,*,; ---
radlua of 15.o0 feet and whoae long cbord bearc s 6s.og;ai.:-E .dlatance of 2O.bL fq"g; thcncc conflnul.ns .torri thc wactt"fv- -
rllht-of-wav, ltnc of Ltonahead ptace 83.5? fccf, alone thi-a;c ofa curvs to the rtsht wtth a eantral an8lc of 29.00'06',, a radlucof 1?1.00 fcet and whoca long chord bcarc S OSaOO-OO- i a -
dlctsncc of 82.74 f99t to a point of rcvc!.cc curvaturc; thcncccontlnulnr_along aald rlght-of-way ll,nc alorrg a curvc rlth an ancdlatance of 71.30 fcet, t ccntnal-anglc oi C7.oatiz.,, i-r"aiua oi110.00 fcct and rhoae long chord bcaia S-igagl;O9., E a dtetancc:F.?9.99 foct, to tho_nor-honly oorn.D olla.i g, UAll4.longhoad.Thlrd F'trtng; thsncc s 40.00,06,, t{ a dt;tarGa oi ias.aa-ac;t;--thcncc s 02'56'61" E to the couthcagt cornar of gald Lot 4 adLctanca of 130.?6 fect; thence s cc.za;oo;-w-=;-utngance of 3o.oo!.q!; thcncc I76.1.1'00;.t{ a dictanca of t35.el tiit; ihao",8 e8'24'oo" tJ to ths Southwelrt corne! of cald ,.ot 4 i dlstancc of?-2.29 fcct to thc polnt of Beglnnlnli, contalninl 1O2,66g sEuarcfcct or 3.5 acrca Dorc or lec!. t ./
/Itul/zl I o4/o'-y'a"*'t- t-^ g/^ /'^''.Y/ 'U FILT CIIPY
33i,i.i"ffi iifr : i:llI,'1"*:ii':1"ili"ilH1"::i:i":'"Hc, l{or-us sulatvlston, a subdlvlsion recorded in Book 255,
at Page ?O of the Eagle County, Colorado, Clerk and
Recorderrg recordg letng nore-partlcularly descrlbed as
follows:
Bcglnntng at thc southrteaterly corncr of aald !,ot D thence N
1g'1?'21" E I dlct"ncc of 399.60 ieet to the Southcrly rfght-of-
way of l{act Llonchcad Clrclc; thence along eaid Southerly rtghgl
of-ray an arc dlctanoE of 160.10 along a curva to thE left' aaid
curva havtnS a radiua of 392.00 fcet, a celtral an6lel of
81'{2'30" ana whoac chord bbara N 86r,34'47" E a dlatance of
15E.Sg f,eat; thcnce S 16'!?'21' E I dlstancc of 165.59 fcct;
thenca N 83'gg'Eg.' E a dletance of 63.29 fcet; thcnca S
22rgA'4L"E a dlatancc of 159.02 feet to the Southsaetcrly oorner
of eald lpt D, thence S 66'24'00" ll along Southcrly lot llne-a
dlstanca of 216.00 teet; thence S 16o17'00" 8 a dlstancc of, 3-15'
fcEt; thencs S ?3'42'g?" W to Southwoeb corner of !a1d Lot D a
dlstanee of, 26.69 fbat to tha point of beglnnlng contatnlng
68,861 .19 tguars fcst or 1.58 acrcs lrota or lcag.
Both propertl.es know as ?15 t{est Llonshead circle (fbe
Marriott Mark Resort).Applicant: il-F CorlPoration
2. A request for a naJor subdiviEion, to approve
the preltlrlnary p1in, a request for a variance to tbe
naxLnun height-for retaining valls, and a reguest for a
varl.ance to-the maxiuum percent grade f,or a road, on a
parcel connonly referred to as Spraddle Creek' an
lpproxirnate 4o-acre Parcel- located north and east of the
Ull.n Vall I-70 lnterihange and east of the Spraddle Creek
llvery. Cornmencing at the Northeast Corner of the Southeast
Ua oi the Southwest ya of -section 5' Toltnship-S South, -Ringe 8o lfest of the ottr princlpal llerldian, P"flg an Eag1e
couity Brass cap properly uarked and setr -rith all bearlngs
contained hereiir Letng relative to a bearinE of s oo 1lr oox
E betneen the Northeait Corrrer of said Southeast !/4 of the
southwest L/4, and the souttreast corner of said southeast
L/4 of the Southwest L/4 being an Eagle County Brass cap
pioperly marked and seti said Northeast corner of the-sou-tfrea-st V4 ot the Southwest, L/4 being the Point of
Utgin"i"g; 'thence S OO 1tr OO B along itre-east llne of sald
Soittreasf L/4 of the Southwes1- L/4 of Sectlon 5 a dlstance
of 1320.14 feet to the southeast corner the eaid southeast
L/4 of the Southwest L/4 of Sectlon 5i thence s 89 47r 48rr W
aiong the eouth llne o-f eald Southeast L/4 of the Southwest
l/4 6f Sectlon 5 a dietance.of 9O1.OO feeti thence N 73 48!gi" W along Interstate 70 Rlght of Way line-a distance of
2L4.L2 teef; thence N 66 52r 12' tf along said Right of l{ay
llne a dl.stance of 241.1o feet to a poLnt on the weBt llne
oi satd southeast L/4 of the southwest L/4 of Sectlon 5i
ttrence N oo 2or 31n lil along the vest line of sal.d southeast
3.
L/4 of the Southvest, L/4 of Sectlon 5 a distance of U61 .65
3ff t"::"t"*:Pg3itr5i'lr.ifn'* i:t"e;:"t{oo3i,ln3.n
properly narked and seti thence N 89 4l.r l2rr E along the
north Ilne of eaid Southeast L/4 ot the Southwest 1/4 of
Sectl-on 5 a dlstance of 1331.07 feet to the Polnt of
Beginning. Sal.d real property containLng 39.55 acrea, Doreor less.Appllcant: ceorge Glllett, ilr.
A reguest for an exterlor atteratlon on Lot C and Ipt D, and
the eouthwesterly 4 feet of lpt B, all ln Block 5-8, Vall
Vlllage lst Fl.ling, 227 Brldge street (Covered Brldge
Bulldlng).Appllcant: Hillie of snownats, fnc. and Bruce Ann &
Assocl.atea.
A reguest for a naJor anendment to SDD No.
15, part of parcel A, Lionsrldge Subdivlslon, Flllng z. (The
Va1ley Phase III)Appllcant: Brad & Susan TJoesen
The appllcations and infotmatlon about the proposals are
aval-lable for public inspection ln the Courounity Developnent
Departrnent office.
Town of Vail
Connunity Development
Published in the Vail
Department
Trail on August 10, 1990.
July 30, 1990
Kristin Pritz
Mi ke Mol'l i ca
Town of Vail Community Development
Dear Kristin and Mike;
14e have reviewed our options regarding SDD #16, Elk t4eadows Subdivisjon.
we had proposed an amendment, reducing the length of the.roadway-within
Tract 2 of the recorded plat,'i n exchange for consjderation for 2 access
points along Bufferh Creek Road into Lots l and 2 of the subdivision' The
access into Lots l and 2 are Steep enough to require extensive and costly
road construction and/or bridging between Bufferh Creek Road and the
building envelopes. Structural requirements for any building constructed
on thes6 lots through bridging may be cost prohibjtive for perspective
lots buyers or home builders.
Reiognizing the alternative of major road constructjon within Tract 2
for the piivate-roadway accessing existing Lots L,,2,3, and 4, we therefore
request the addition of lot, or building envelope #6, to be located at
approximately, (see map), the Southeast corner of the proposed Cul de Sac
at'tf'e east lnd of Elk ttleadows Subdivision. The redistribution of GRFA
will rernain within the gross limit of 16,000 square feet, unless an
jndjvidual purchaser or-bujider chooses to add an employee housing unit,
not to exceed 400 square feet over and above his underlining GRFA assigned
to that indivjdual lot. The underly'i ng redistrubutjon shall be as
2,700
2,500
2,500
2,530 (existing)
3,070
2,700
fol I ows :
you.
Lot #1
Lot #2
Lot #3
Lot #4
Lot #5
Lot #6
Please call us with any questions. We look forward to hearing from
Respectful ly submi tted,
frtSrcicl ? Out-sM-
Tjossem's , Bird Legs and Susie
741- s?5o
x 12oz
1a
Mike Mollica
Continuation of Letter July 30, 1990 t\V. Meodo\Atg
The following steps will be taken after initia'l support from the
planning department and Planning and Environmental Commission is
gi ven:
An engineering report regarding the rockfall hazard mitigation
for Building Envelope #6
Final landscape p'lan revised.
Survey and Plat redrawn
Covenants, Conditions and Restrictions changed as they apply
to the number of Building Envelopes and GRFA.
ST
Srualr.q- 3.(€S\RJm\()
'
DtrtrMRTMtrNT @Ftr@MMUNITV DtrVtrL@FMENT
XXXXXXX sALEs AcTroN FoRM
ACcouNT #. TOTAL
AMOUNT
01 0000 41330 COM. DEV. APPUCATION FEES
1 0000 41540 ZONING AND ADDRESS MAPS
1 0000 42415 1988 UNIFORII BUILDING CODE
01 0000 42415 1988 UNIFORI.I PLUI,TBING CODE
r 0000 42115 1988 UNIFOR}I MECHANICAL CODE
01 0000 42415 1988 UNIFORII FIRE CODE
I 0000 42+15 1987 NATIONAL FI trCTNICAL CO
1 0000 42415 oTHER C@( BO
1 0000 41548
01.0000 42+12 XERox coerest/ sruDlEs
1 0000 42371 PENALry FEES / RE_|NSPeCION
r 0000 41322 OFF HOURS TNSPECTION FE
CONTRACTORS UCENSES fEES
t 0000 41330
0l 00oo 41413 .SIGN APPLICATION
oa
.:
't:ti'
I
o
IHTER-OEPARTI'IENTAL REVI El.|
.\
Fl r ,PP.otzCtz ,bfK l4cdow<
DATE SUS|.IITTED: (O.25'?A DATE OF PUBLIC HEAFING 1'23.?O
CCI'!'4ENTS IIEEoED Byz I.7,70
ERIEF DESCRIPTTON 0F THE PR0PoSAL: Slb
/'-Ma
-'ofik
----- 'Tt-Ccnents:/^ rr C t ' A({v"vS,S%
. ,'/ lJobtarn frvaJ;- s \'"^ Sch,"{3:.r S** Z!+oo - 3,.rcro -':\ T>r, V , , I
Revier.red by: Oate__
tt.{
\l
REGi!3]:iOX DEPARTT.::NT
Da teRevie"red.by:_
Co;--"ents:
Ameudnrat *tr
Comnents: -\, | | A+ rI Lo+ Z h,,s anh ..t\",>r_ 4, Zb% t .ho,*n,^t ,. C-\*l(' t t rN".+A H* hos t\ 1/o,t of 4o7..
.
z) P-rt,. t.r-l., +1 Jr;4 I " e^cow(qf Li^^.'+: * . I
,\;::-F":'; ; fi-Ii-tr,', H3,;; ;"x:"'J;',,,-:l'Ni
t-'J1- "',o-tl :+ft(A ?*f,, 1n hout a^(- a-cc/.st por^{ (*h.l h^, ltrr" q"r*,f,t, , *l^a^ lr/s hor:n^t .L, $
,r*orrr.^r,,,111tt
d'\) p"J'^ i"* I
-,p'" ''0 ,yubh^^ ', nI l.:,'r^r' $:"fu*H' J i
coments: ' a) aL p,T-b t,*GW"r^'^r, zs, L1_)). J/. ,ttr "{4k L-r *o.? *n!rynl;h*^ ' id,tor^"r^ r.s , / ln/r,_/ ll* rooJ *,7..{^, L.l z N
,7, ,' lto, la,l,_ +L voa)o_,i L L.+ | o^l \
,0.., o_J$.rng,"yll [r^- is zst l,*-a t)2*c ",{ Apt*..11 {
o
pp.ottctz ,Ftl( f4eeJawr
DATE SU3I'IITTED:b.25 . 70 DATE OF PUBLIC HEARING ?'ZI.?O
CCl",i'l'ENTS }IEEDE[) B\z 1.?'70
BRIEF DESCRIPTION OF THE PROPOSAL:tbD fimealnen{
DnRt lc L!nDY<
\n ,.'
N*0
through the Architect. The Architect will have authorityto act on behalf of the owner only to rhe "ii""t p.o"ij"ain the Contract Documents, unless otherwis" lioiif,"Ooy wntten,nstrument in2.2.18. accordance with Subparagraph
2.2.3 The Architect will visit the slre at intervals aoor<_r_priate to the. stage of construction to r"niiri"riru h"i'#r"rrgengrgttf rvirh rhe progrcss and quality of rhe Wor'k anaro oerermrne.rn general if the Work is proceedine in ac-cordance w.ith the Contract Documenis. H;;;%;: ;.Archirect rvil.l not be required to make "it "rrlluu-Ji'."n-nuous.on_stte inspections t9 ch.e5k the quality or quan-tity of the lVork. On the basis of his on_site observaiionsas an architecr, he will keep rhe owner r"ti_"J'.i il.progress of the. Work, and wjll endeavor ,o *u.J ii,.uwner agdrnst delects and defrciencres in Ihe Work of theContractor.
2.2.4 The Architect will not be responsible for and wjll
1gt luvg conrrol or charge of .onrtrr.tion .*^;;';;i;_oos, lechnrques, sequences or procedures, or for safety
fl",.r.ltl"l: and, programs.in connecrion with rhe Work,and ne \4,t no_t be responstble for the Contractor,s failureto carry out the Work in accordance with the C"nir..tDocuments. The Archirect will not be ,"rpo"iiUf"-io, o.have conrrol or charge over rhe ,.,i .i "LJirl.I., .i',rr"
:1111:,"r, subcontraclors, or any of their agents or em-
p.royees, or any other persons performing-any of theWork.
2.2.5 The Architect shall at all times have access to theWork wherever it is in preparation and progress. TheLonrractor shall provide facilities for such accEss so therlrcn[ect may perlorm his functions under the ConlracrDocuments.
2.2.6 Eased on the Architect,s observations and an evalu-
l,l"l ."f I he
.
Con r rrclor.s
.
Applicat ions fo, eaymeni, then rcntrect tr,r detcrmine the amounts owinf, lo the Con_tractor and wrll issue Certiticates for payirent in suchamounts, as provided in paragraph 9.4.
2.2.7 The Architecl will be the interpreter of the require-ments of the Contract Documenls and the judee of Iheperformance thereunder by both the Owner "?-C"n_tractor.
2.2.8 The Architect will render interpretations necessaryfor the.proper execution o, progress of the Work, wlrhreasonable promptness and in aciordance with anv iimetrmtt agreed upon. Either party to the Contract may makewntten requesl to the Architect for such in terpretjtions.
2.2.9 Claims, disputes and other matters in question be_tween the ContrJctor and the Owner relating to tf," e*e_c_utron or progress of lhe Work or the interpretation of theContract Documenrs shall be referred initiallv t; ih;Architect for decision which he will render ;n wrltinlwithin a reasonable time.
"..2.10 All interpretations and decisions of the ArchitectshaI be consistent with the intent of and reasonably in-ferable from the Contract Documents and will be in wriGing or in the form of drawings. In his capacitv as inter_preter and. judge, he will endeavor to secure faithful oer_lormance by both the Owner and the Contractor. will'not
show partiality to either, and will not be liable for the
l!l.ytt. ot any interprerarion or decision ,"na"i"J in"g"ootarlh in such capacity.
2.2.11 The Architect,s decisions in ntatters relating roartistic effect will be finai if consistent with the rntent ofthe Contract Documents
?:^r:r, l"!, claim, dispute or other nrrrrer in quesrionr,etween the Contractor and the Orvner referred to tne
1i:-h1,:.! excepr those relaring ro arrrstic efiect as pro_vro€o In subp,trJgrrph 1.2.1 | and excel)t those which haveoeen walved by the m.lking or ac(eptJnce of irnal pay_ment,as provided in Subparagraphs ti.g..l and y g.i, {nrDe suorect to arbatrJtton upon thc lvritten demand of er-the.r party. However, no demand i"l' u,tiiiotion oj'oiy"ru.tlclaim, dispute or other matter may be made uniil- th"earlier of (1) the dare on rvhich rt,o ir.t,ireit-h"s luniur"oa wrirten decision. or (2) the tenth dry ,ir"i rn"'plr-t,.,nave presented Iheir evidence to the Architect oi hu\ubeen given a reasonable opporruntty to do so, ii theArchirect has not rendered liis rvritren J""iion-'Uu tfr"tdate. When such a wrirten decision of the archlieci 's
ta res(1) thal the decision is fjnal but subject to opp"of,'onO(2) that any demand for arbitratron "t', .t"i,",'isprr" or'oth€r mauer .covered by such Oeclsion- musi 1;;"""rvirntn rnrrly days.lfter the date on which the fitrtv mak_ing the. demand receives the r,vrirten decision, i"ii ,ru ,odemand arbarration rvithin said rhirly days, p".ioJ i*ii r"_sult in the Archirecr,s decision becom,ns'f ,ni ionJ biiainsupon the Owner and rhe Contractoi lf tf,e nilnitecrrenders a decision afler arbitrdtron proceea,ngs traue teenaniriated, such decision may be enrered a, Juia"ni" 6rrwill. not supersede any arbiiration proceedings rnt"r, ,f,"decrsron is acceptable lo all parlres.oncerned.
2.2.13 The Architect will have aurhoriry to rejecr Workwhich does not conform to lhe Coniract O'o--"ntr.Whenever,_ in his opinron, hc con:iders ii ";;;;;;'",aovrsJbte tor the implementation of the intent of theLonrract Documents, he will have authority to requirespecial inspection or testing of the Work in'"..ordjn.ewith Subparagraph 7.7.2 w-herher o, not ,r.t, -Wor[ i"tnen tabflcated, installed or completed. However, neither
t h-e .Arch itect's authority to .act under tf-rii SrUpr,.gr"pr..rz.z. I r, nor any decrston made by him in good faith eitherlo exercise or not to exercjse such authority, shall eiverise to any duty or responsibility of the archirect to"ih.Lonlractor, any Subcontractor, any of their agents oremployees, or any other person performing oni-oi- ttuWork.
2.2,14 The Architect will review and approve or takeother appropriale action upon Contracior,s iuUmltfaissuch as Shop_ Drawings, product Data ""a S.rpi"r,"O"tonty lor contormance with the design concept of theWork and with the information givJn in the'ContracrDocuments. Such action shall be iaken with ,""ron"bLpromptness so as lo cause no delay. The Architect,s ao_proval of a sp_ecific item shall not indicate approval-Lfan assembly of which lhe item is a componeni
2.2.15 The Architect will prepare Change Ordcrs in ac_cordance with Article 12, and will have authority to orderminor changes in the Work as provided in Subparagraph
12.4.'t.
AIA DOCUMINT A2OI
AtAc . @ t976 .. 6€NERA|. CONDTTIONS Of
THE AM€RICAN INSTITUT€
THT CONTRACIOf ARCHTTECTS,
rO_R_ COIISTRUCT|ON . THIRTETNTH ED|T|ON . AUCUST 1976r735 Nrw y()RK AvENUE. N.rv., wAsHlNcroN. o.L. rrioii
4207-1976
June 25, 1990
Kristin Pritz
Mi ke l,ilol I i ca
Department of Community Development
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
Dear Kristin and I4ike;
We are pleased to have finally completed the subdivision process of
Elk Meadows. The plat is recorded and we are under'way with our house.
l^le sincerely appreciate your assistance, support and patience with us duri ng
th i s 'l engthy ordeal !
It is with great trepidation that once again we enter the frigid
waters of ordinance and regulations in order to amend the recorded plat of
El k lvleadows Subdi vi sion.
The current subdivision includes a roadway known as Tract 2 which
accessed Lots 1,2,3 and 4 within the subdivision. During the final stagesof the approval process, it was determined by the Town of Vail engineer,that in fact the roadway did not meet construction specifications necessaryfor final approval of the subdivision. At this stage, we were required to
l iquidate various investment accounts in order to bond over the improvements
required for final approval . The fina'l plat had to be recorded in Eagle
County for us to ultimately recieve a building permit. The roadway as itexists, you wi)l recall was il1egal1y constructed. It has been suggested
by menbers of the Town Council, as well as by members of the Planning
Cormission that we abandon the road, and access the subdivision by way ofprivate driveways, d'i rectly off of Buffehr Creek Road. tlle believe as do
most of you in the planning departrnent, that the ambience and natural
beauty of the valley is compromised by the existence of the roadway, which
according to specifications must be rebuilt and paved to a width of 22 feetplus 2 foot wide shoulders on ejther side, also a 50 foot diameter cul-de-sac
must be bu'i lt at the end of the roadway, further disrupting the aesthet'ics.
These requirements for access to 4lots within the subdivision are
un reasonabl e .
Our request is simple. l'Je wjsh to replace approximately 225 feet of
exist'i ng Tract 2 paved roadway w'i th open green space, reduce the'lengthof the existing roadway by almost half, allowing for a private driveway only,
accessing Lots 3 and 4. According to Town ordinances, a private driveway
may be constructed to a width of only 12 feet, further limiting the impactof major road construction. l,le are request,ing that the planning staff
recommend the addition of a road cut allowing access to Lots l and 2individually or one in common. Buffehr Creek Road is not a through road
and traffic is minimal .
l,'le wrongly assumed, the roadway within Tract 2, which we in effect
"inherjted", would meet construction specification, it did not. If youwill recall, shortly after we purchased the Elk l'leadows parcel, we
unilaterally decided to remove a major section of the orig'inal subdivjsion
roadway in an attempt to improve the integrity of this portion of the
Valley P.U.D.. Our intent from the beginn'i ng was to remove as much of
the Tract 2 roadway as was practical for the development of thjs parcel.
Now that ineffect we have no road, our goal is to further increase open,
green space, and amending the plat to reflect this. If reconstructionof the existing roadway is our only a1 ternative, we will request the
additjon of two buildjng sites to the subdivision.
It is incompatible to construct a major roadway, 26 feet wide and
a 50 foot djameter cul-de-sac within the existing Tract 2 roadway, thus
diminishing the desireability of the original beauty and aesthetic appealof the subdivision. The existence, by ordinance of Special DevelopmentDistrict # 16 by defjnjtion states: "The purpose of the special developmentdistrict, is to encourage flexibility and creativity in the development of
land, in order to promote jts most appropriate use I to improve the design
character and quality of new development within the Town; to facilitate
the adequate and economical provisions of streets..., to preserve the
ace area For these reasons, we
you w or an ir.rt to the p1at.
s ubmi tted ,
8ra nd Susan Tj ossem
Date of oppri.oion
ffi',
APPLICATION FORM FOR SPECtrAI, DE\IEIO
DISTRICT DE|\IELOPI'IEIr{T PLAIiI
This procedure is required for any project that
the Special Development District Procedure.
fhe application will "ot,be acce
NrPrrc+NT:$sr Z
A. NAI.IE OF
ADDRESS
NAI.IE OF APPLICAI{T|S
ADDRESS
I.
all information is subnitted.
PHONE ?6-Ktf
B.REPRESS{TATrvE
PHONE
c.AUTHORIZATION OF PROPERIY OWNER
D.LOCATION OF PROPOSAI
ADDRESS
LEGAL DESCRIPTION
E. FEE $500.00
frupc+ b
PArp flO. op3x 1.?. ?O BY
F.
wrno
A List of the n+ of owners of
Subjgdt P+ePerty ait\ their nailing
(ed rccseP)
II. Four (4) coPies of the following irformation:
A. Detailed written/Sraphic description of proposal .,C: An environmentil inpact report sh511-.be submitted to the zoning' administrator in accordance with chapter 18.56 hereof unless waived,
by Section 18.56.030, exemPt projects;
C. An open space and recreational plan sufficient to meet the d,emands
generated by the development without turdue burden on availableor ProPosed public facilities;
lmJ'14? - 5',7-' o
/1"702
vcrr-l, Co PH)NE +1b%
L*
a-rl property adjacent to the
addresses.
(ovER)
\
Application fofpecial Development Distria DeveloPment Pran
Existing contours having contour jntervals of not more than five
feet if ttre averag" "iop" of the site is twenty percent or less,
or with contour iiteroais of not more than ten feet if the average
slope of the site is greater than twenty percent'
D.
E.
F.
G.
A proposecl site plan, at a acale not emaller than one Lnch eguals
iiilv'iEet,-stowing -inl
"ppt"xirnate locations and dimensions of
aII buitdings and structures, uses therein, and all-prll9iP1+ :i!:,aE""fopr.ttt-f"utrlt.il-in n "i l-tdt"aPed areas, lecreational facili-
ii"r, iedestrian plazas alct_wal.l5ways' service entries, driveways,
ana oti-street p"ifing and loading areas with proposed contours
after grading and site development;
a preliminary landscaPe Plan, at.a scale not srnaller than one inch
;qir;i;-iity- t""I, -str'"wii.g existing landscape features to be retained
;; ;a;.Gd,-and showing pioposed landscaPing and lanclscaped site-E.r"fopr"ni features, sulh ls outdoor recreational facilities'
Uicycfi paths, tiiifs, pedestrian plazas and walkways' Tater features
and other elements;
prelisrinary building elevationsr sections, and floor Plans, -at..-.tir" not smaller-than one-eighth equals one-foot' in sufficient
detail to determine floor arear gross-residential floor area, interio
cii""f"tion, lociiions of uses ritttitt buildings, and the general
scale and appearance of the proposed development'
III. Time Requirements
The__ptanning anil Environmental conuuission neets on the 2nd and 4th
U";a;t;;i--6actt roottttt. An aPplication with the necessary accompanying
i.-i.iiif -must be sr:bnitted foG weeks prior to the date of the meeting
NOTE: It is recorDnended that before a special developnent district application
is subnitted, a review and comeni neeting should be set up with the
DepartEent of Corurunity Developnent.
'4-qa7.ft
r o^l
|2
,a \?'
Y l,
\ru
\.,\
SUBDI VIS ION IMPROVEI.IENTS AGREEI'IENT
by
the
THIS AGREEtlEi,lT, made and entered into this /t Oay of June, 1990,
and between BRADLEY TJOSSEi.l AND SUSAN TJOSSEl.1, (hereinafter called
"subdivider"), and the T0WN 0F VAIL, (hereinafter called the "Town")
I.J ITNESS ETH :
WHEREAS, The Subd'ivider as a condition of approval of the final plat
of Phase Three of the Valley, a portion of Parcel A, Lions R'i dge Subdivision,
Filing No. 2, Town of Vail, Eagle County, Colorado (hereinafter called the
"Plat"), wishes to enter into a Subdivisjon Improvements Agreement; and
WHEREAS, the Subdivider is obligated to provide security or collateral
suffjcient in the judgement of the Town to make reasonable provisions for
completion of certain public improvement set forth in Exibit A attached
hereto and incorporated herein; and
WHEREAS, the Subdivider wishes to provide collateral to guarantee
performance of thjs agreement, includjng construction of the above-
referenced public improvements by means of the following: An irrevocable
letter of credit, or cash escrow in the amount of $56,550.00, which shall
provide the security for the installation of a fire hydrant within the
Subdivisjon al an approximate cost of $4,500.00, building of and compacting
a road frorn the eastern edge of Lot 4 to and including the turn around
at the east end of Tract 2 at an approximate cost of $41,250.00, and then
paving said "Road" at an approximate of 510,800.00 if there is a default ',
under this Agreement by the Subdivider.
NOl./ THEREF0RE, inconsjderaticn of "uhe following mutual covenants
and agreements, the Subdivider and the Town agree as follovts:
1. The Subdivi der hereby agrees, at its sole cost and expenses,
to furnish all equipment and material necessary to perform and complete,
on or before May 10, L992, or upon the issuance of a Second Building
Permit within the Elk Meadows Subdivision, whichever occurs first, in a
good workmanlike manner, all public irnprovements as shown jn the final
plat documents for the Subdivision in accordance wjth al1 p1 ans and
specificatjons for the Subdivision filed'i n the office of the Community
Development Department, the Town of Vail, and to do all work incidental
thereto according to and imcompliance wjth the following:
4e71g6 E-53O p-9A7 Ae'/A7/9n 11:51 F,G 1 OF 5
JDHNNETTE F.HILLIFIS EAGLE COUNTY trLERK. COLORADO
REC
e5. Ora
DOC
a. rao
a. All final plat documents submitted prior to or at the time
of fjnal plat approval .
b. All laws of the United States of America, State of Colorado,
or Town of Vail and its respective agenc'ies, affected
specjal districts and,/or servjce districts.
c. Such other designs, drawings, maps, specifications,
sketches, and other matter submitted by the Subidvider to
and approved by any of the above-referenced governmental
entities. All said work shall be done under the inspection
of, and to the satisfaction of the Town Engineer, the Town
Building Offic'i al , or other officjal from the Town of Vail,
affected special distrjcts or service districts, as the'i r
respective interest may appear, and shall not be deemed
complete until approved and accepted as completed by the
Town of Vail Community Development Department.
2. The estimated cost of said work and improvements is the sum
of $56,550.00. s=-,^dqrJ ,A lgo,da,r 7... G.y Haay',
/f /
To secure and guarantee performance of its obligations as set
forth herein, the Subidvider agrees to provide security and collateral
as follows: An irrevocable letter of credit from First Bank of Vail
in the amount (combined) of $56,550.00 on a form acceptable to the Town
Attorney, which shal 1 provide the securi ty for the above work if there is
a default under this Agreement by the Subdivider.
3. The Subjdvjder may at any time substitute the collateral
originally set forth above for another form of collateral acceptable
to the Town to guarantee the faithful completion of those public
improvements referred to herein and the performance of the terms of
this Agreement. Such acceptance by the Town of alternatjve collateral
shall be at the Towns's sole discretion.
4. The Town shall not, nor shall any officer or employee
thereof; be liable or responsible for any acc'i dent, loss or damage
happening or occurring to the work specified jn th'is Agreement prior
to the completion and acceptance of the same, nor shall the Town, nor
any officer or employee thereof, be liable for any persons or property
'i njured by reason of the nature of said work, but all of saidliabilities shall and are hereby assumed by the Subdivider.
The Subdivjder hereby agrees to indemnify and hold harmless the
Town, and any of its officers, agents and emp'loyees against any
losses, claims, damages, or liabilities to which the Town or any such
of its officers, agents, or employees may become subject to, 'i nsofar
I
A6/A7/9@ t I:514e7t"€ B-=3A F,_g67 F'GEOF5
,'
as any such losses, claims, damages or liabilities (or actions in
respect thereof) that arise out of or are based upon any performance
by the Subdivider hereunder; and the Subdivider shall reimburse the
Town for any and all 'legal or other expenses reasonably incurred !y
the Town in connection with investigating or defending any such loss,
claim, damage, Iiability or action. This indemnity provision shall be
in addition to any other liabi'lity which the Subdivider may have.
5. It is mutua'lly agreed that the Subdivider shall not apply to
the Town for release of part or all of the collateral deposited with
the Town until all of the improvements are constructed in compliance
with all plans and specifications as referenced hereunder.
6. If the Town determines that any of such improvements as
contemplated hereunder are not constructed in compliance with the
plans and specifications set forth herein it shall furnish the
Subdivider a list of specific deficiencies and shall be entitled to
continue to withho'l d collateral to insure such compliance. If the
Town detennines that the Subdivider will not construct any or all of
the improvements in accordance with aIl of the specifications as 5et
forth lierein, the Town may give the Subdivider written notice and
unless such improvements are completed within a reasonable period of
time based upon the amount of work necessary to complete the
improvements the Town may withdraw and employ from the letter of
credit or from the cash escrow such funds as may be necessary to
comolete the above descrived improvements.
7. The Subdivider warrants all work and material for a period
of one year after acceptance of all work referred to in this Agreement
by the Town.
8. The parties hereto mutually agree that this Agreement may be
amended from time to time, provided that such amendments be in writing
and executed by a1l parties hereto.
9. This Agreement shall be enforceable against the Subdivider
providedn however, that in the event the Subdivider sells or transfersall of the Subdivision, as shown jn the fjnal plat, the obiigations of
the Subdivider under this Agreement may be assumed by the purchaser. of
the Subdivision and Subdivider shall have no further obligations
hereunder. It is agreed, however, that no such assumption of these
obligations shall be effective unless the Town gives its pnior
approval to such assumpt'ion, fol'lowing an investigation of the
financial condition of the purchaser.
10. It is further agreed that the Subdivider shall at all tirpsuntil the acceptance by the Town of the roads offered for ded'ication
in the Subdivjsion, give good and adequate warning to the trave'l ing
public of each and every dangerous conditjon existing in said roadvlay
J
n6/A7/9A 11:51
/h
4e7le6 8-530 F-967 F,630F5
and will protect the trave'l ing public fromIt is understood and agreed that until the completioAof al I the
improvements herein agreed to be performed, the ro shal I be under
the charge of the Subdivider for the purpos
STATE 0F C0L0MD0 )) ss.
COUNTY OF EAGLE )
Thg.jforegoi 49 Subdi vi si on Improvements Agreement was acknowledged
betqre [re^ thjs /Y day of June, 1990 by Bradley Tjossem and Susan
-..-f. .\_: ;' )
IJO'6Sem^r-,,'J ,' . -!:.--:'-1*;-t- :1 :-i .lrfitness my.*hand and official seal .
-1,.' '. ]''.$1,.c1rmission expi res on:
r{ah
Y
lJ//,ru*)l.6La.l,wau;
Pameta A. Erandme$er' Nobry PtJblic
Mv Commission ex9ires Aug 5' 1992
75 S. Frontase Road Vail, CO 81657
pG4UF5
such dangerous condition.
4e7L?6 B-534 P*967 A6/A7/9A 11:51
STATE OF COLORADO
COUNTY OF EAGLE
)) ss.
)
The foregoi ng ,Subdi vi si on
before me this l€ day Qf
as 76utp /4 *l*iT and /l*a-t
Improvements Aqreement was acknowledqed)r'. . , tglo ny Eompt /./irctls
' 4. Bc*ulatrreP as lg+e+arf of the
Town of Vai i.
l.litness my hand and official seal.
cormi ssion expi res on:
+E7 le6 E-gg@ p-g6z A6/AZ/9@ tt:S1 tr6soF5
toqn\bl<
(
nr
ah
t-TBAIK
OF VAIL 17 VA|L ROAD VAIL, COLORADO 81657 303-476-5686
IRREVOCABLE LETTER OF CREDIT
DATE: June 1, 1990
AMOUNT: 941 , 250 .00
NUMBER: No. 1367
EXPIRATION: June 1, 1991
Town of Vail
P.0. Box 100
Vial , CO 81658
Gentlemen:
we hereby open our Irrevocable Letter of credit in your favor available by
your drafts drawn on the FirstBank of Vail, 17 Vail Road, Vail, Colorado
8L651 , at sight for any sum not exceeding Ehe total of FORTY ONE THOUSAND
TlJo HUNDRED FIFTY AND 00/i100 ($41 ,250.00) on the account of Bradley R'
Tj ossern and Susan Tjossem.
Each draft must bear upon its face Che clause, "Drawn Under Letter of Credit
No. 137B dated June 1, 1990 of FirstBank of Vail, Vail, Colorado. " The
amount of each draft which is negotiated pursuant to this credit, togethel
$rith the date of negotiation, nust be endorsed on the reverse side of the
Lecter of Credit. Each draft rnusE be accompanied by a statement executed by
the Town Manager stating the following:
"Bradley R. Tjossem and Susan Tjossem have not
completed the consEruction of the improvements in
Elk Meadows subdivision pursuant to the approved
Plans . "
We hereby agree thaL drafts drawn under this Letter of Credit and in
compliance with the terms, shall be promptly honored if presented to
FirstBank of Vail on or before l"1ay 1, 1991.
S incerely ,
'netw
rdrk n. RisEow
Executive Vice Pres ident
MRR/km
t-TBA]K
OF VAIL
IRREVOCASLE LETTER OF CREDIT
17 VA|L FOAD VA|L. COLOFADO 81657 303-476-5686
DATE:
AMOUNT:
NUMBER:
EXPIRATION:
May 16, 1990
$ 15, 500. 00
1367
l4ay 16' 1991
Town of Vail
P.O. Box 100
Vail, CO 81658
Gentlemen:
hle hereby open our Irrevocable Letter of Credl-t in your favor
avallable by your drafts drawn on the FirstBank of Vail' 17 Vall
Raod, Vall, C0, 81657, at sight for any sum not exceeding the
total of FIFTEEN THOUSAND FM HUNDRED AND 00/100-($15,500.00)
on the account of Bradley R. Tjossem and Susan Tjossem.
Each draft must bear upon its face the clause, "Dram under Letter
of Credit No. 1367 dated May 16, 1990 of FirstBank of Val1, Vall,
CO.tr The amount of each draft which is negotlated pursuant to
this credit, together erith the date of negotiation, must be
endorsed on the reverse side of the Letter of Credit. Each draft
must be accompanied by a statement executed by the Tor,m Manager
stating the following:
rrBradley R. Tjossem and Susan Tjossem have not completed the
constructLon of the improvements in Elk Meadows subdivision
pursuant to the aPProved Plans.tt
We hereby agree that drafts in the amount of this Letter of Credlt
and in compliance with the terms' shall be prornptly honored if
presented to FirstBank of Vail on or before l'tay 16, 1991.
S incere
Executive Vi-ce President
MRR/hge
?
ARROW EXCAVATING
Po. Bor tc^{ po*Fnrcos GaN-t- Co Y,r-zt
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47,o35
COHEN CONSTRUCTIONnc
T0 wfr0ffr rt nlay concern,tiay i4, 199C
The fcllowinq are estimated costs for Eli,l l'leadows SubCivision
lnrprovemeriis agieement for Bi ad ai',d Susan -ilossen,. Thrs is not a formal
bjo or prop,osal, but insteaC repi^eeents e5trma:el costs based upon all
available jnformation at the tjnre of this wi^1ting, and rn oui^ optnion,
accuratelv recresents the c0sts of the llsied items at thts tirrie
Depend;nq lpon'ihe tinie ci actual :onstrlct;on,
"hese
iten-,: nray cosi
riiore, or less, than the listed c09ts.
1 Qcra.t h2ce an,1 acnnalt navir,n t ln P,CC.OC frcrn lct .1 east lirrervre yvY 'r'Y.
eastward to tui-naround.
? Flrp hvdr,anf $4,5011 00 conrplete tnstal lation.
- 6" /r.b^ n-rr&..
- 1o' aoib*J
Rccnertfr ;l lv c,r rhn^, ite,1| \vrvw!e, v, ' t Jvv,, |, !vvt
6*P-U'
irUy irafker
Cohen Const. lnc.
P.O. BOX &17 / VAIL, CO 81658 / n3-476ffi7
I
luwn
75 Boulh trontage road
Yail, colorado 81657
(3{r3) 4792138
(303) 47t-2139
CONDTTTONS OF' APPROVAL
FOR BRADLY
oftice ol community development
JITNE 1, 1990
FOR BUTLDTNG PERD'TT NO. 4377,
AND SUSAN TJOSSEI'!:
be
be
1)
2)
3)
4l
Future section of roadway shallto turnaround. This needs to
shoulders on each side.
designed from22t wide vith Lot 4 east
21 gravel
5)
Drainage will need to be designed for 40 CFS around the southside of the roadway.
Roadway to Lot 4. frorn Buffehr Creek Road, needs to be 221wide with 2r gravel shoulders. Widening will need to takeplace to accommodate this.
Before paving the roadway, the fill between Buffehr Creek Roadon the east side of Lot 4 wiU need to be certified by aregister professional engineer in the State of Colorado thatit is at 958 compaction, as specified in the constructionregulations of the Townrs subdivision Ordinance.
Roadray should be built to obtain as close as possible a right
angle to Buffehr Creek Road.
A Roadway barrier/quardrail should be placed from the entrywayto the west side of Lot 4, on the south side of the accessdrive.
6)
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EACLECOUNTY
551 Broadway
Eagle,Colorado 8163.
(303)328?3u
I9E9\\DRID AI.PINE
$KICllA.\rPG\Ft{1ts
VNL.EEAVERCREEK
.t
FACSIJ{ILE UtANS!'lIlTeB fltlnFfff
:
DATE:
!Or
EROI!!:
DSPT.
EgPE os IAX CNTITICAIE
aa.tar
[II{E:
Ftx t
DEVELOPMBNT
FAI(
lELl
or colluflentBl
6CEOLER
ar.ta.'al
05l25l90
UIKE MOI,LICA
TO}IN 08 VAIL COTOII'NIIY
VAIL, go 81657
EAGLE COUNTY ETEABIIRER'S
X 007
DOCITMENI
pages to be transmlttsat
alataa.t"'o'
llt45 p.t.
479-2L57
1 (303) 328;7207
* (303) 328-7311
.
ext. 260
tncludlng thll oover 9a9eo
PRIORIT'I| :
Y Dellver Imrnediately
De].lver wlthln 4 houre
-
MdreseEe rl.tlll Plclc uP
Notify addregEee
Addltional lnstruatlons
Sendl'nE oparater: s.
so$d of Cot$W Cquridortrn Atrrrrol
P.O. Eor 860 - P.O. Box tlAE
Erglt, Colordo 816$l Brgb, Colondo 8163l
Ocrk lrd Rrcordc
F.o. Bor 517
Eagh, Colorrd,o tl6St
Shilrfi
P.O. Bo* 559
ErCr, Colondo 616lll
Trarnmr
P.O. Box'l?9
ErCr, Colarrdo 816ll
-
SENT BY:EAALE COUNTY OOVT.
c-25-so
; 1 1ir8lLo.o*rouNTY l'|ryER{
COUNTY OF EAGLE
OFFICE OF THE THEASUREF
14192151;* 2
CERTIFICATE OF TAXES DUE
ORDEBNO.:
YENPCNNO,:
ISSUED rO: 0RAD
P. U.
VAIL.
TJOFSEFI
Box 2975
c0 gl6ts
PABCEL NO,r qqqgTgg
ASSESEEDTo:
?*J06BEi'1, €USAN L.
BOX E?79VAIL, CO EI6!E
AIIOUNTE FEFLEGTED ARE VALID ONLY UNTIL{}
0.6f3at?o
PROPERTY DESCHIPTION
LION'6 RIDOE FIL, 3
LOCI( - LOT PCL 3 PT OF PCL A
AX LIEN SALE AIIOUNT 16 BUB',ECT TO
HANOE DUE TO ENDORSEI4ENT OF THE
UNRENT TAX FY CERT OF PURCHASE
OLDER. AFTER SEPT 1, PER5ONAL PROP.
HOEILE HOITS AI4BUNT Ig 9USJECT Tg
HAilEE. AFTER FCT. I REAL PROP. TAX
I,ItrUNT Ig SUB!'ECT TO CHANGE. PLEASE
ONTACT THE TREASURER8 OFFTCE FOR
ORRECT AHOUN1 PRIER TO REHTTTINC,
OUFFENTTAX 3,7A6.71
TAX DUE:
INTEREST:
ADVEFTISING:
PENALTIEE:
MIgG:
TAX UEI{ SALEB OR DELI}IOUE}T TAX
SPECIAL ASsESSl|EilTg
8TATU8: PAID
o. oo
o. oo
o. oo
o. oo
o. oo
o. oc
o. o(
o. o(
o. o(
NOTICE
I, TT{E UNDEFSIONED, DO HEBEEYCEHIIFYTt.IAlTHE ENTIR"EAMOUM
oF iEei EgirrE rrxig oue uPoN PARCELS oF THE SAME FoB uNPAlo
neeL eerrrE FRCTPERTY DEECHIBED HEFETN' AND AtL gALES OF TllE
EAME OFFICE, FROM WHICH T}tE SIME MAY STILL EE REOEEMEO WITH
rNC AUOUUT NCOUIRED FOR FEDEMPTION, ARE AE NOTED HEFEIN'
IN WTTNEEs WHEREOF. I IIAVE I'IEREUNTO 8ET MY }IAND AI{D SEAL
Tltls 3gDAYoF p6y AD l€ 90. . '
TBEAgUFER, EAGI.E COI'.ITY. M^RYE. WAIJ(ER
rHts cEFnFtc TE soEs twr INoLUDE Ilt{D OE !!UlE!9:,Et|Eln6 AB
6-CHbED UNDE-i i s:-pAaerr scHupt LE NUMSEB lFruPFoPHn
ie.Ga. oC $Fednl mrnoveuerr Dl8rnor ASStgtlftH{Tg, tmglu
lBl,rE8, UNT.ESS EPEOIFICALLY MENnOilED,
FEE FOH lSSUli.lG Ttll8 OEHTIFIOA1E$ tO. oO
av Tila,-r E [Ath.)l J{,J-
oIInter-Mountain
O rA Ensineerillgltd=
ROADWAY INVESTIGATION
F'OR
TRACT 2, ELK MEADOWS SUBD]V]S]ON
TOWN OF VAII
EAGLE COUNTY, COLORADO
PREPARED FOR
COHEN CONSTRUCTION
PROJECT NO. 90198
MAY 1990
Box No. 978 . Avon, Colorado 81@ . g*fi72 Denver 893'1531
1420 Vancs Street o Lakewood, Golorado 8(215 . Phonq 232{158
CONCLUSIONS
SCOPE
SUBSURFACE CONDITIONS
DISCUSSION
TABLE OF CONTENTS
I
.)'zr
*J
Drawing No-
Fi.gures No.BORINGS
I
1-?
CONCLUSIONS
1- The fi]] placed during the road
construction does not appear to be well
compacted. A11 of the topsoil was not
removed prior to placement of t,he fill.
2- From an engineering perspeetive, all of
the fill should be removed, the topsoil
etripped, and the fill replaced j,n compacted
lifts- If these repairs are not made, the
owner should anticipate performing
extraordinary maintenance to keep the road
serwiceable.
SCOPE
We were contracte? by Cohen Construction to. drill' -'.'
exploratory borj.ngs in the existing unpaved roadway and determine
the condition of the subgrade- SloPe.etability determination of
the boulder retaining wall on the south side of the road is
beyond the scope of this report- Three holes were dri]leci on May
10, 1990 with a 6 inch diameter, conti-nuous flight power auger
dri11. Samples were taken at selected intervals using a modified
Cal j-fornia sampler in general accordance wj-th the Standard
Penetration Test (ASTM D 1586). The boring l-ocation plan and
boring lagte are inc.luded in the appendix-
No l-aboratory mo isture-density testing of the samples was
performed due to granular non-cohesive nature of the goils
sampled- The blow counts from the Standard Penetration Test are
the best indication of the relative density of the granufar
soils. If enpiricaf densities are desired, a down hoLe nucl"ear
2
probe can be uaed- In our opinion, the coet for thie ia
unjustified beeause the relatively low blow countg do not
indicate a dense condlti.on-
SUBSURFACE COND]TIONS
Based on information provided by the contractor who
constructed the road, we understand that, the topsoif was
stabilized with coarse rock prior to fill pLaeement- All
vegetation was stripped before Pfacement of the rock. This is an
acceptable method, but is nornally".only ueed when the depth of
,a
topdoil makea remowal urrfeasible.'
The following is . U"i.t desqripti.on of the eoi.1 typee
encountered in the test boringo-
FILL: The fill ext.ended from the surface to depths of 4.5
to 10 feet,. In other areag of the roadway, the thickness of
fill appears to varl' from 0 to 15 feet- The fill eonsists
of sandy gravel with cobbles and probabfe boulders. Blow
counta range between 1O and 50 blows per foot and i-ndicate that
the fill is generally ln a medium denge condition- Our
understandinB is that the Cascade Village pariring structure was
the source of the filL-
TOPSOIL: Topsoil litas encountered below fhe fill in borings
2 and 3- The thickness ranged from 2 to 5 feet.
CLAYEY SAND: The clayey sand is assumed to be undisturbed-
"-
The clayey gand wae red and moist to very moist, and is
underlying the fill and topsoil-
DISCUSSlON
The topeoil underlying the fill indicates that the fill was
not placed and compacted in compliance with accepted engineering
practice- For a high quality granular fill eimilar to what has
been placed fo:r the roadway! we would expect blow counts of at
least 40 blows per foot for a well conpacted condittQn; In our
opinion, thie fill was not adequately compaeted during placement
for a high euality road subgrade. Roads are tvpicaffy bofipacted
't:to a ninimum of 95 percent of maximum standard Proctor density
!
(ASTM D 698).
For a low maintenance road. we reconunend that you remove the
existing fill and strip the topsoil down to the red clayey sand-
The fill should then be placed and compacted to a minimum of 95
percent of maximum standard Procior densj-ty- The ma-'':1mum l-if'.
thickness is dependent on the maximum Particle eise of the fi1]
and the type of compaction equipment used. We recorunend a
maximum lift thickness of 1 foot and a maximum partiele size of B
inches. This assumes that the equj.pment uged is adequate to
compact the fuLl thickness of the lift.
We recomnend that we be contacted to observe the topsoil
removal and fill placement- Densitl' testing of the fill can
3
l-0
provide the owner with a greater degree of asgurance that the
contractors compaction procedures are adequate -
If the ortner deems that these remedial measures are
uneconomical, he should be aware that there is risk of failure in
the future- We cannot predict how long it will take the fill to
settle to a stable condition-
An intermediate eolution, between reworking alL of the fill
and doing nothing, is to revrork some of the fi]]. The amount of
fil-l- reworked is proportional to the reduction in risk of future
settlements. The greater the depth of fill reworked, the Sreater
the reduction in riek-
We reeommend that a minimum of 3 feet of the g:i.f U.
reworked if this option is geLected- We anticipate that 3 feet
of eompacted fill may bridge the underlying low density fill.
This will not elimi.nate the risk of fufure settlements and is
only a "band-aid" solution.
and eompaeted asThe 3 feet of fill should be plaeed
described previously -
If possible, we would recommenci you delav paving as long as
practieal. Vehieular traffic in coniunction with moisture should
accelerate the settlement process - When the road is paved, we
recommend that asphaltic concrete be used instead of a Portfand
cement paving- The asphalt will be much easier and eeonomical to
repair- The paving should be treated as phased construction,
with the owner anticipating overfays and repai:rs- 9le anticipate
that the fail-ures will consi-st of potholes and eracking. and not
5
large ecale failureg-
If you have any questions
servi-ce, please contact us.
or we can be of any further
Sincerely,
INTER-MOUNTAIN ENGINEERING, LTD.
h
Christopher Bittner
Geologist
Reviewed By:
o
o
o
o
o
LOT 4
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SUBDIVISION
1BoTTNDARY
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TEST LOCATION
ROADWAY
TRACT 2, ELK MEADOIIS SUBDIVISION
TOWN OF VAIL, EAGLE COUNTY, COLORADO
paoracr ro. 90198
OAIrN at 'tcarE 'o.rEl aRnna No.' L
,o
BORING NO. t
DatE oFrL[EO: UAY l0' 1990
€LEVATIOIT:
oE$r|ptrcx o? '.^Tlnlat
I
5-
o-
j
tiJ
SUMMARY OF TEST BORINGS
ROADWAY
TRACT 2, ELK MEADOWS SUBDIVISION
TOWN OF VAIL, EAGLE COUNTY, COI,OBADO
?eoJ€cl f.o.: 90198
ttGURE i.O.: I
o
"O
,
B
9
a-
BORING NO.
OATE OiILIED: MAI 10, 1990
€LEVAIION:
"4"s'oEscittltox o; H^Tlllal
BROWN SANDY GMVEL WITI1
COBBLES IIFILLII
SUMMARY OF TEST BORINGS
ROADWAY
TRACT 2, ELK I,{EADOWS SUBDIVISION
TOI"IN OF VAIL, EAGLE COUNTY, COLORADO
mor€cr rro., 90198
FfGUit ?|O.: 2
,o
o
I
E
0
*o ' 'i'l
SORING NO. 3
OATE oFTLLEO: MAY 10'
€LEVATIO}t:
r990
6$i oESCrr?Trora Ot Ulrlil/.l
SUMMARY OF TEST BORINGS
ROADIdAY
TRACT 2, ELK. UEADOWS SUBDIVISION
TowN 0F vArt, EAGLE COUNTY,'COLORADO
tnoJEct rO.: 90198
FTGUFE rro.: i
,t
M I NUTES
VAIL TOWN COUNCIL MEETING
MAY 15, 1990
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, May 15, 1990, at
7:30 p.m., in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Tom Steinberg, Mayor Pro-Tem
Lynn Fri tzl en
Jim Gi bson
Merv Lap in
Robert LeVine
Peggy Osterfoss
MEMBERS ABSENT: Kent Rose, Mayor
T0WN 0FFICIALS PRESENT: Ron Phi1lips, Town Manager
Charles Wick, Assistant Town Manager
The first item on the agenda was Cjtizen Participation. No one addressed the
Counc i I .
Mayor Pro-Tem Tom Steinberg announced that items #5 and #6 on the agenda would be
rescheduled to another meeting, as the leases were not ready for review by Council.
The next item on the agenda was the second reading of Ordinance #!7, Series of 1990,
an ordinance repealing and reenacting Ordinance No.32, Series of 1987, to provide
changes to Special Development District No. 16 relating to El k Meadows. Brad
Tjossem, representing Elk Meadows, was in attendance for this discussion. Mike
Mollica from the Community Development Department presented the ordinance to the
Council, stating that the only change to the ordinance from first reading was on
Page 5, Item 11, which was highlighted in bold type in the ordinance. Peggy
0sterfoss asked if the ordinance required the employee housing unit to be built in
Phase I of the project. Mike Molljca stated that it did not, as it would require
the applicant to redesign the home that had already met approvals and this gave the
applicant more flexibility. Peg 0sterfoss stated that she would be more comfortable
with the ordinance if the employee housing issue was required in Phase I. Tom
Steinberg asked what the PEC vote was for the project and Kristan Pritz stated that
she believed it was a unanimous vote, but that she was not positive. Merv Lapin
asked the applicant if he was committed to the 1og cabin design of the project,
stating that there were no other log cabins in the area. The applicant stated that
the project had received conceptual DRB approval as presented. After some further
discussion, Lynn Fritzlen made a motion to approve Ordinance #17, Series of 1990, on
second reading. Jim Gibson seconded the motion. The motion passed
un an imous l y.
The next jtem on the agenda was the reading of Resolution No. 12, Series of 1990, a
resolution authorizing execution of transfer of funds agreement to Central Bank.
Steve Thompson presented the resolutjon to the Councjl, stating the main purpose of
the resolution was for added security and internal controls, After some discussion,
Merv Lapin made a motion to approve Resolution #12, Series of 1990, and Peg
Osterfoss seconded the motion. A vote was taken and the resolution passed
unan i mousl y.
The next item on the agenda was the consjderation of a purchase contract for West
Vail property - Lots 1-4, Block H, VaiI das Shone, Filing No. 2. Mayor Pro-Tem Tom
Steinberg stated there would be no discussion on this item until the June 5th
meeting. He also stated that the lease for the Old Post Office space and the lease
for Verbatim Booksellers for Vail Village Inn Space would be discussed at the June
5th meeting as well. Tom Steinberg stated that jf the Councjl was considering
selling this space, this would be a good time to |ook into it, with the high bids on
the parking structure becoming a concern for the Town. Rob LeVine and Peg 0sterfoss
stated their objection to selling and their desire to proceed with the lease. Lynn
, Frjtzlen stated that if the Council was considering selling the space, now would be
the opportune time, as the market was on the rise.
The next item on the agenda was the appointment of two Liquor Authori ty board
members. A vote was taken and Mitzi Thomas was appointed on first vote. Three
o
additional votes were taken to determine the second appointment. As there was not a
majority vote for any candidate after three votes, the Counci'l elected to postpone
the vote for the second position until Mayor Kent Rose returned at the June 5th
meeting. It was decided to advertise again for additiona'l applicants between now
and the meeting of June 5th. Merv Lapin made a motion to approve the appojntment of
Mitzj Thomas to the Liquor Authority Board for a two-year term expiring in June of
1992. Jim G'ibson seconded the motion. A vote was taken and the motion passed
unanjmously.
Merv Lapin asked if there was anything new on the lr|ork Session follow-up list. Ron
Phillips stated that al'l changes and additions had been made to the list.
Tom Steinberg asked if there was anything further on the lr{est Vail annexation or v,asit definitely out. Ron Phi1lips stated that there was nothing that would be
happening soon, but that a name had been mentioned to him of someone who might be
interested in circulating petitions. Lynn Fritz'l en stated that she had given him
the name of Cindy Calljcrate, a new resident of Intermountain, who mjght be
interested in helping.
There being no further business, the meeting was adjourned at 8:05 p.m.
Respectful 1y submi tted,
ATTEST;
ilt\)nn uu / . 5+a.ud,wulu.t--,
Minutes taken by Mary Caster
-z-
TO:
FROI!3
DATE:
RE:
Planning and Environnental Commission
Conmunity Development DePartment
uay 14, L990
A request for a final plat for a major subdivision for
sDD No. 16, on a portion of Parcel A, Lionrs Ridge
Subdivision, Filing No. 2 (The valley - Phase III)
Applicant: Brad and Susan Tjossen
Final PIat Review
The Elk llteadows final plat, as presented by the applicant,
substantially conforms to the previously approved
Prelirninary Plan. Such Preliminary PIan was unanimously
approved by the PEC on April 9, 1990, by a vote of 6-0.
Staff Recoromendation
Staff believes that the Elk Meadows final plat is in
cornpliance with the intent and purPoses of Chapte\ L7.16.1L0
of Lne Townrs subdivision regulations (major subdivision
review criteria) and the Townrs zoning code-
Th tion is for approval of the final
with the
rovements Aqreement has been
alized and a Attorney.
sffiements Agreement will prov-ide the Town
with sufficient collateral to guarantee construction and
installation of the reguired fire hydrants and access road
construction and paving.
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I
PIANNING At{D EWIRONI{ENTAL COUUISSION
l.fAY 14, 1990
Present
Chuck Crist
Diana Donovan
Connie Knight
Ludwig Kurz
Jim Shearer
Kathy Warren
Dalton l{illians
9taffKristan Pritz
Mike tlollicashetly Uello
Betsy RosoLack
Penny Perry
The Planning and Environnental Conmission neeting was called to
order at 3:OO p.n. by Diana Donovan, Chairperson.
Tbe site visits took longer than expected, in the interest of
time, the Coronission skipped the review of the 1041 request and
Itern No. 1 and vent directly to Item No. 2.
Iten No. 2: A reSrest for a conditional use pernrit to allow
for a Bed and Breakfast at Lot 1l-8, lfatterhorn
Villaoe Subdivision.Apnlicant: WiIIiam Clen
Betsy Rosolack explained that the appticant was requesting a -conditional use penoit to allow for the operation of a Bed and
Breakfast in two bedrooms of their Prinaryr/Secondary zone
district. The staff found that all applicable review criteria
and findings had been satisfactorily met and the resonmendation
was for approval .
Daltonrs rnajor concern was the trash enclosure and the use of
only 2 trasir cans and Mr. clem responded-that they had used 2
canl for nany years. Dalton then asked if l{r' CIen would be
willing to rEUuitd the enclosure, and Dtr. Clem stated that with
bears in the area, the du:npster would have to be constructed of
concrete block to withstand damage.
Discussion then centered around the steep driveway.
A motion to approve the request per the Elaff memo \tas made
bv connie xniLht and seconded bv Dalton willians-
VOTE: 7-OINFAVOR
II
The Corqnission then discussed the 1041 application scheduled
prior to the Public Hearing and then proceeded with ftem No. 3.
ihey would go back to ftern No. 1, approval of minutes at the end
of the agenda.
Item No. 3: A request for a final plat for a maior subdivision
for SDD No. 22, a resubdivision of Lots 1-190'
Block 2. Lionsridqe FiLinq No. 3.
Apnlicant: Pat Dauphinais, Dauphinais-lfoselev
Construction.
Kristan Pritz explained that the reguest was to finalize the
prelininary plan previously aPproved unanimously on lrtarch 25'
1ggO. The lown Engineer had changed the sidewalk location to the
souttr side of the subdivision road to allow for better drainage-
The staff reconmendation was for apProval of the final pl-at with
conditions as found in the memo.
Pat Dauphinais explained that there would no longer be a
detention pond as found in the original proposal . As explained
during the preliminary plat revielt, they would be addressing
drainige as rrcompretrensivel-y and extensivelylr as possible in
conjunction with Public works.
Diana asked who the adjacent property owners were and Pat
responded that the Roost Lodge was to ttre south and Tract B to
the east was easements. Pat added that the biggest concern of
the Cornroission during tbe last rneeting was street cuts along
Lionsridge Loop and he did consolidate the nunber down to 5 at
the Town Council review of the project.
A motion to approve the Final PIat for a rnalor subdivision
for SDD No. 22 per the staff rnemo and conditions As follows
was made bv Kathv Warren and seconded by Chuck Crist.
Conditions:
1. The PEC chairberson s.ball siqn the p-Iat when the
subdivision hnrovernents 4greement has been finElized
and apDroved bv the Toliln encrineer and Tottn Attornev -
2.the Town of Vail with sufficient col-lateral tg
VOTE: 7-OINFAVOR
+
Item No. 4: A request for a final plat for a mafor subdivision
Phase flf)Apnlicant: Brad and Susan Tiossern
Mike Mollica explained that the survey of the Final Plat showing
the as-built road had not been completed as expected. Therefore
the staff could not recoumend approval , but rather tabling the
item, contrary to the Demo. He felt that the survey would show
that the road as-built niqht encroach into the open space tract,
and creg Hall from Public tforks had not given his final approval-
Brad Tjossem explained that he had an urgent need to begin
building and thit the hone would be going before the Design
Review Board Wednesday. He understood that the lack of a survey
would cornplicate matters, but asked if it was possible to approve
the project contingent upon the topographic survey.
Mike did not feel comfortable with Bradrs request. lle felt that
the final plat should be in place at the tirne of final plat
approval . There should not be contingencies.
Kristan Pritz said that given the circumstances that the road is
already built, she felt that it could be possible to approve the
final- ptat wittr the building envelopes remaining the sane as the
prelininary plan and that no changes be made with site coverage
or GRFA. She felt that the circumstances were very unusual .
A nrotion to apProve the final PIat for a rnaior subdivision
for sDD tto. 16 with the followino conditions was nade bv
Kathy Warren and seconded bv Ludwig Kurz.
Conditions:
1. The PEC chairperson not siqn the plat until the
Subdivision Improvements Aqreement has been finalized
and approved bv the Town Attornev.
2. The Subdivision Inprovements Aoreement provide the Town
with sufficient collateral to quarantee construction
and installation of the required fire hvdrant and
access road construction and Davinq.
3. A Final PIat be subnitted showincr the as-built road
tonoqraphy . Any di f ferences /adi ustments , be , cons idered
as part of the road tract and not the building
envelopes.
alreadv existinq.
VOTE: 7-OINFAVOR
Item No. 5: A request for a site coverage variance for an
addition on Lot 31. Block 7, Vail Vi-llaqe lst
Filing.Applicant: H. Ross Perot
l,[ike tiloltica explained that the applicant was requesting a site
coverage variance to allow for the construction of an attached
three-car garaqe, and a najor remodel and extrransion of the
existing residence. Given ttre current zoning and the steep
slopes on the lot (appx. 45t), the site coverage requirernent for
the property was lirnited to 158. Staff believed that the lot was
encumbered with a physical hardship due to the extreme slopes on
the site and that the granting of the variance would not be
detrimental to the public health, safety or general rrelfare of
properties or persons in the vicinity. The approval of the
variance would not be a grant of special privilege. The staff
reconmendation vas for approval .
Kristan stated that it was her belief that the walkway on the
west side of the site was to be removed and the area landscaped.
Jin Morter explained additional changes that were made since the
application hld been submitted. He had enclosed the stairs on
the east side of the garage in the interest of security. ?he
difference took the site coverage fron 218 Lo 22.L2.
There rras general concern of the visual irnpact of the present
home, specifically the railings and lights on the walkway and Jin
Morter iesponded that he could reconfigure the walk to include 3
steps and a landing, 3 steps and a landing. This would elirninate
the need for railings.
Steve Zorichak, an adjacent Property owner expressed his approval
of the project to the board by stating that he felt it was atrvery constructive improvenent. rl
Ludwig stated that the elirnination of the stairs east of the
garage rnade the appearance less intrusive. He l-iked the ctrange.
chuck crist wanted to be sure that the applicant intended to
landscape the existing parkinlt area north of Beaver Dam Road. 'and also wanted to know how big ttre pull-off for the mailboxes
would be. Jim answered that the pu1l-off would be as small as
allowed. the applicant would Iike to keep the asphalt down and
landscaping up.
Jin Shearer liked the new proposal better-
Connie ltnight asked vhat pereentage the addition reguest
represented and Mike ansvered 1.1t. Connie also wished to know
if-the additional 250 GRFA request was related and llike explained
that it did not relate to this request.
j
Dlana explained that she could support the proJect because the
hone rvas already existing. The Connission had always supportedparking in a structure and off the road. She liked the solution.
Diana did want any approval to be contingent upon the staffverifylng GRFA figrures.
A notion to arcgrove a sl.te coveraoe variance for Lot 3L
alock 7. vall Villaoe lst Filino rlith the following
condltions was made bv Kathv Warren and eeconded bllJirn
shearer.
CondijLions:
1. GRFA and site coveraqe be verified bv staff.
2. Existinq Concrete Sidegalk be renove{.
3. Wallcwav to buildincr be Eeviewed by-the Desicrn RevieJt
Board.
4. Pull-off for nail boxes be kept to a mininun with the
aoplicant-working closeu'with staff on the issue.
5. Remove or berm tbe fill area bv the nail boxes--to be
reviewed by the Desicrn Review Board.
VOTE: 7-OINFAVOR
ften No. 6: A recruest to apt)ly Hiqh Deng-ity Dtulti-Fq&ilv
zoning to the litarriolt Mark Resort and, for a major
amendment to Special Developnent District No. 7
lMarriott l{ark) in order to alld-56 tirneshaTe units
ar!!l 8 emPlovee housinq units at 714 West LionsheadCircle, I,ots 4r-7, c. and D. Block 1. Vail-
Llonshead 3rd Filinq.Aoplicant: Marriott CorPoration.
Kristan Pritz explained that ttre applicant had requested to table
the iten.
A rnotion to table the Uarriott oroiect until June 11, 1990
was rnade bv Kathv-Warren and seconded bv Jim Shearer-
VOTE: 7-OINFAVOR
5
IItem No. 1: Approval of ninutes from April 9. 1990 and April23. L99o meetinqs.
A notion to approve the ninutes fron the April 9. 1990
meeting as written was made bv Katlrv Warren and seconded by
Jim Shearer.
VOTE3 7-OINFAVOR
Jirn Shearer.
VoTEs 7-ofNFAVoR
Item No. 7: Discussion and aopointment of PEC members to the
Zoning Code Revision Task Force.
Kristan Pritz explained that the PEc will be the task force for
the Zoning code revision project. She asked for volunteers to be
a working group. Kathy warren, Diana Donovan, DaLton Willians
and Jin Shearer VoLunteered,
Item No. 8: ApE>intment of a PEC member to act as a DRB
alternate.
Jin Shearer volunteered to act as alternate to the DRB.
Iten No. 9: Rerninder of Discussion with Council on Fireplace
Ordinance Amendrnent, Tuesdav Worl< session' May
r.4th.
Kristan explained that many architects and builders had been
asking for exceptions to the current ordinance regulatj.ons and
that ataff felt the need to review tlre ordinance for possible
changes.
ften No. 10: Review and discussion of potential open space
ourcl.ases in the West Vaif area.
Site visits to potential areas for open space were nade earlier
in the day. General discussion of tbese areas followed. The PEC
was supportive of the West VaiI parcel Purctrase. Some members
also reconnended that the IIUD Wirtb property to tbe east of Vail
Das Schone Shopping Center be considered for purchase.
The neeting nas adjourned at aPproxirnately 5:Oo p.m.
DECLARMION OF PROTEqTIVE COVENANTS
roR
EI'K UEADOWS SUBDIVISION
BRADTaY R. TJossEIrt and susAN L. T,tossEl.l (iDeclarant"), la
the record and beneficial owner of all of the real property
within that certain subdivision denominated EIt< lleadows
Subdivision located in Eagle county, colorado' the final plat of
which was recorded in Book
-
at Page of the records in
the Office of the Clerk and Recorder of Eagle County, Colorado.
Declarant does hereby nake, publish and declare that the
following tems, covenants, conditionsr easenentsr restrictiong,
uses, resenratlons, limitations and obligationE shaLl be deernedto run with the 1and, shall be a burden and a benefit to
Declarant, its successors and assigns, the Town of Vailr as to
certain restrictions, and any person or entity acquiring or
orning an interest in the real property described above and all
other real property rhich is or beconeE subJect to this
Declaration and inprovements built thereon, tbeir grantees,
successors, heirs, personal representatives, devisees or aesigns.
1. DEFfNITIONS: As used hereln, the following sords and
tems ehall have the following neanings:
SUBDIVTSION
BUILDING E$VEIOPE
TRACT
SINGLE T'NIT
RESIDENTIAL
BUILDING
E}IVEIPPE
DESIGN REVIEW
C\9tll.ffgfEE
Elk lleadovs Subdlvislon.
A lot within Etk Ueadons subdivision.
A tract within Elk l{eadors Subdivieion.
GROSS RESIDENUAL Is a tern aE defined in Section 18.04.130
FIIOR AREA of the Zoning Resolution (the nZoning
("G.R.F.A") (Resolutionr) of the Town of Vail , Eagle
County, Colorado.
be constmcted.
oPEN sPAcE IRACT Tract 1, rhich ehall renain in its
natural and undisturbed state or be
A Building Envelope which can be used soIelyfor residential purpoaes and upon which
not nore than one building containinq not
nore than one single fanily dwelling unit (as
defined ln section 18.04.o8o of the
municipal code), and containing not uore than
trro enclosed garages or one z-car garage, lay
landscaped in a DanDer approved by the Desigrn
Review Connittee, as hereinafter defined;
provLded, however, that an open sPace Tract
nay have constructed and naintained thereonutilltles and draLnage facilitles ln areag as
so designated on the final plat of the
Subdivision.
A group of three pereons who shall be
responsible for the adninistration and
enforcenent of these Protective Covenants and
other Design cuidelines, if any. such
persons shall be appointed by Declarant. The
Design Revj.ew Conmi.ttee {sornetines referredto herein as the nconnitteen) shall, anong
other thLngs, revies and oversee the
devel.opnent of the Building Envelopes and
Tracts with regrard to slte design,
archltecture and landscaping. Any actl.on'
decision or approval to be given by the
Connittee strall reguire a naJority vote of
its nenbers. Should Declarant, at any tine
DESIGN GUIDELTNES
ROAD TRAST
OWNER
ASSOCIATION
coul'loN EXPENSES
DECIAR,ATION
within 3o days after recelving wrLtten noticeof a vacancy in the Conmittee having occurredfor any reason whatsoever, fail to appoint a
new nenber to the Conmittee to fiII a
vacancy, the owners by a naJority vote shall
designate such new nernber to the connitteerwith an owner having one vote for each
Building Envelope owned.
Guidell-nes for the developnent of the
Building Envelopes and Tracts ehall be
adopted by the Conmittee, vhich shall, among
other things, interpret and/or inplenent theprovisions of theee Protective covenants.
Guidelines may be amended from tl.ne to tinenith the najority vote of approval fron ttre
Conmittee and approval of the Town of Vall
Design Review Board. The guidelines wil.l be
available fron the chairperson of the
conmittee and Town of VaiI Connunity
Development Department.
Tract 2, which can be used solely (i) to
provJ.de a private road and right of way forprivate use as ingress and egress fron eachof the Building Envelopes to Lionrs Ridge
Loop, a public road located in Eagle County,
colorado, (ii) to provide for vehicularparking in areas as so designated on thefinal plat of the subdivision, ancl (iii) to
provide open space in the 6a!ne Danner as an
Open Space Tract on portions not used for aprivate road and riglht of way or for
vetricular parking; provided, however, tlrat
the Road Tract may have constructed and
naintained thereon utilities and drainaqefacilities in areas as Eio designated on the
final plat of the Subdivision.
Any individual , corporation, partnership'
association, trust or other tegal entity, or
conbination of legal entities, which is the
record owner of an undivided fee simple
interest in one or more of the Building
Envelopes.
The EIk ueadovs Homeowners AEsociation, a
Colorado nonprofit corporation.
AII expenses expressly declared to be common
expenses by this tleclaration or by the bylaws
of ttre Associationi all ottrer expenses of
administering, servicing, consewingt
uanaging, uaintaining (including, without
linitation, Enow removal and landscape
maintenance), repairing, improvlng or
replacing the open Space Tract' the Road
Tract and inprovements located thereoni
insurance preniuns for the insurance carried
under Paragraph lo hereini and all expenses
lawfu11y deternined to be connon expenses by
the boaid of directors of the Association.
This Instrument and all anendments or
supplements thereto hereafter recorded in the
records in the office of the Clerk and
Recorder of Eagle County, Colorado.
The holder of a pronissory note palment of
which is secured by a first nortgage or firstFIRST LTENOR
deed of tmEt encunbering an intereEt ln aBullding Envelope. f,lfortgaget ehall lnclude
i"liiL"fnlTlk rili",+":;':'i!lu"ll'lrust .
2. GENERAL PURPOSES: Theee covenants and reetrictLonE are
nade for the purposes of creating and lreeping the subdl.vlslon,
Lnsofar as possible, desirable, attractive, beneficial andsuitable Ln arclritectural desigm, naterials and appearance,guardlng against fires and unneceasary interference with thenatural beauty of the Subdivlsion, and provlding ingress and
egreas fron all Bulldlng Envelopes ln the Subdlvlelon to a publlc
road, a1l for the uutual benefit and protection of the Oerners.
3. Ilgre.r All Building Envelopes in the SubdlvLsl.on ehallfall rithin the folloring land use definLtionE:
DEFINITION
Single UnitResidential Building
Envelope
Open Space lract
Road Tract
r€T pEscRrPTIOrI
Buildlng Envelopes
L12,314r516 and 7
[ract 1
Tract 2
4. APPROVAIJ Or CONSTRUCIfON PLAI{S: (a) No building orother structure ehall be constructed, erected, or naLntained on
any Bullding Envelope, nor shall any addition thereto oralteration or change therein be nade untll cornplete plans andepeclfications (lncluding, but not llnited to, a color rendering
andr/or a rnodel, floor plans, elevations, site and grading plans,
provLsi.ons for off street parking and locations of driveway
access, landscaping plan, the specification of principal exteriornaterials, color schenes and ttre locatlon and the method ofutlllzation of all utillties) have been subnitted to the
ConrnLttee and by it approved in writing. In addition, each ounerthat builds a structure on a designated Building Envelope shall
conply with the deslgn gruidelines and rockfall uitigationrequirenents as outlined in the EnvLronmental Inpact Report by
ifauar Associates dated JuLy 22, L987, and revieions of existlngreports uade as of ltarch 12, 1990. Coplee of the guidelinee andnitigation requLrernentE ehall be available to prospective
purchasers fron the Town of Vail Connunity Development Departnent
and from the Conrmittee.
Each osner uay chooee to have another quallfled
eng tneer /geologist deslgn approprlate rockfal I nltigatlonleasures, as long ae the nitigation solution doer not have
negative visual inpacts and is approved by the Town of Vall
Connunity Development Departnent and the Town of Vail Engineer.
(b) onnere are €ncouraged to consult rith the
Connittee prior to and during the preparation of such plans andspecificatione in order to avoid vithholdlng or delay in
approval .
(c) If upon the expiration of 30 days fron the date ofthe subnittal of plans and specifications to the Conmittee by an
O$ner, the Connittee has taken no actlon, the plane andepecificatlons sill be coneidered approved by the connittee andthe Owner may comneDce construction only after obtalnlng ttre
applicabJ.e qovernnental zonLng and buildlng peraits.
(d) The Co rLttee shall be authorized to levy a
reaaonable charge, not exceeding fifteen cents for each squarefoot of c.R.f.A., for the review of plane and specificatl.one,
rrhich charge shall be paid in advance. The proceeds of euch
charges shall be used for the adniniEtratl.on and enforcenent of
these Protectlve Covenants.
(e) Upon the approval of plans and specifications, the
owner shall be reguired to escrow funds for the cornpletl.on of
Iandscaping iterns and naterials that are to be installed by the
Owner. Essrowed funds wiLl be returned to the Oryner after
Iandscaping has been in place in satisfactory condition for a oneyear period.
(f) In passing all such plans and specifications, theconnittee shall take into consideration the Euitability of the
proposed building or other strrrcture and ttre naterials of whlchit is to be built to the Building Envelope upon vhich it is to beerected, the hamony thereof with the surroundings and the effectof the building or other structure, as planned, on the outlookfron adjacent or neighboring Building Envelopes.
(S) fhe Conmitteers goal Ls to create, fot the entireSubdivision, a conpatible and homogeneous architectural guallty
harrnonious with the character of the area.
(h) The Connittee shall uEe reasonable Judgrnent in
passLng upon all such plans and speciflcations, but the Connltteeshall not be liable to any person for its actions in connectionwith subnitted plans and specifications, unless it be shown thatthe Connittee acted with nalice or wrongful intent.
(i) The following specific restrictions shall govern
construction on and use of any Building Envelope.
(i) DENSITY: a building situated on a Single Unit
Residential Aullding Envelope strall not contain roore than
3.2OO square feet of G.R.F.A.
(ii) SETBACK REOUfREUENTS: lilininun setbacks forthe location of structures with relations to BuLlding
Envelope perlmeter lines sha1l be as follows;
(aa) No structure shall be Located on theUtility Easement as so designated on the final plat ofthe Subdivision.
(bb) No structure shall be located less than
two feet from eittrer the east or the west perineterline.
(cc) No Structure shall be located less thanthree feet fron the north perineter line.
(dd) NotwithstandinE anything contained
hereinabove to the contrary, roof overhangs and decks
may encroactr into the setback areas described in
subparagraphs 4(i) (ii) (bb) and 4(i) (i1) (cc) herein so
long as such roof overhangs and decks are totallywithin the perineter lines of the Building Envelope.
(iii) BUILLDING !{EIGIIT: No structure locatedwithin the Subdivision shall exceed at any point on thestructure, three stories or 33 feet in height (as defined in
Section 18.04.170 of the Zoning Resolution), whichever is
less.
(iv) PARKING Ar{D ACCESS REoUIREUENTS: (aa) Oneoff street parklng spaqe per dwelling unit shall be provlded
on each auilding Envelope with such off Etreet parlcing
spaces being required to be provided in enclosed garages.
(bb) No off street parking spaces
on any Buil-ding Envelope shall be allorred
outside of an enclosed garage, except for upto one space located inmediately in front of
and contiguous to the doorE of an enclosed
garage located on the Building Envelope.
(cc) AII driveways and parklng areas Lnthe SubdivisLon shall be paved and the naxiuuupermlssible driveway or parking grade ehall be 8.o
percent.
(dd) AII vehLcular drivevays andvehicular Lngress and egress access to each and
every Bullding Envelope ehall be restricted to
acceEs rhich cones dlrectly off of the Road Tract
except for Ipt 5, which is propoeed to accesa
directLy off of Lionrs Ridge Ipop (Buffehr Creek
Road) .
(v) IAI{DSCAPING: lIhe concern of the Cornnlttee
Ehall be to inprove the natural appearance of the
subdivision and the uaLntenance of such appearance. Ounera
and their representatives or builders vill be reguired to:
(aa) t{ininize dleruptlon from grading.
(bb) Revegetate and restore ground cover for
erosion and appearance reasons.
(cc) Use lndigenous species of plant
naterials as established by the Conmittee.
(dd) Select the uan-nade elenents tbat blend
and are cornpatible with the land.
(ee) Use existing or natural drainage paths
whenever possible.
(ff) Coneenre and protect topsoil,, rock
formationE and unique landscape features.
(gg) Sod such areas as detemined by the
Conmittee.
The Corunittee shall require cornplete landscaplng plane.
As part of such landscaping plans, each ouner shall be
required to eubnit conplete plans for the landscapingof aII portions of the open space Tract that are within
1O feet of the perirneter lines of such Onrnerre Building
Envelope, and it shall be the obligation of guch Osmerto conplete Euch landscapl.ng of the Open Space Tract.
The ownerE s111 be encouraged to nake adeguateprovisions for landscaping costs in thelr overall
constructlon budget.
(vi) WATER AlfD SANITATIO{: Each structure
deslgmed for occupancy or use by hunan beings shall connect
with vater and sanitation facilities nade available by Upper
Eagle valley gtater and Sanitatl.on District or any othersinilar governnental or guasl-governnental entity. Noprivate weLls shall be used aa a Bource of rater for hu[an
consunption or irrigation.
(vti) ELECTRICAL Ar{D TELEPHONE SERVICE: Allelectrical and telephone serinice to the Building Envelolreswill be placed underground.
(viii) EAsEuEfTs: Easements and rights of way
are hereby reEeryed as 6hown or described on the final plat
for the Subdivision.
(ix) slcNs: No signs, billboards, or other
advertislng etructure of any kind shal} be erected,
o
constructed or naintained on any Building Envelope for any
purpose whatsoever, except such signs as have been approved
by ttte connittee.
(x) FENCES: Design and location of fencing shall-
be su.bnitted to and approved by the Connittee prior toinstallation.
(xi) IRASH: lto trash, ashes or other refuseshall be thrown or dumped on any land within theSubdivision. There Ehal.I be no burnJ-ng or other disposal of
refuse out of doors. Each ottner shall provide suitable
receptacles for the temporary storage and collectlon of
refuse and all such receptacles shall be placed in
enclosures attached to the buildings eo that such
receptacles shall be Ecreened from the public view andprotected fron dieturbance.
(xii) LIVESTOCK: No livestock other than horeesof any kind (except dogs, cats and other domesticated petsfor household enJolment, not for comnercial purposes and notto exceed two in number may be kept by an owner so long as
such pets are not a nuisance to any other ovner) shall bekept, raised or bred in the Subdivision.
(xiii) PETS: Household pets, such as dogs andcats, must be contal-ned upon an onrnerrs Buildlng EnveLope.
owners nay not construct a fenced run on their BuildingEnvelope. Pets shall not be allowed to renain tied or
chained anlmhere in the Subdivision, and any pet so tied or
chained nay be renoved by the Association or its agents.
Pedestrians accompanied by dogs within the Subdivision muEt
have said dogs under their direct control by use of a leashnot to exseed ten feet in length.
(xiv) TEUPoRARY SfRUCTTRES: No tenporarystructure, such as a basement, trailer, nobile horne or tentshall be pernitted in the Subdivision, except as nay be
deternined to be necessary during construction andspecifically authorized by the Cornnittee in writing and in
accordance sith the regulations of the appropriate
governnental entities.
(xv) TREES: Trees naturally existing upon any
Building Envelope or upon any Tract shall not be cut,
trinned or removed frou the Building Envelope or Tract
without the prior approval of the Connittee.
(xvi) TELEVISION AIITENNA: Exterior uounted,
exposed television or radio antenna nilL not be penlitted
within the Subdivision. such antennae, if installed, uust
be concealed fron public view.
(xvii) SCREENING: FueI tanks, electric neters,
garbage areas, clotheslines, boats, commercial truclcs,trailers, campers, notor homes, ATV and recreational or
inoperable vehicles, air conditioning equiprnent, televieion
and radio antennae and other related features must be
screened or enclosed fron viev from surrounding Building
Envelopes and properties.
(xviii) SPARK ARRESToRS: spark arrestors are
mandatory on all chinneys.
(xix) oUTDooR LTGHTTNG: All outdoor lighting
cones under the jurisdiction of the Connittee.
(xx) REPAIR oF VEHICLES: No work of autonotiverepair shaIl be perfotned anlmhere within the Subdivision
except within private garages.
I
(xxi) ACCESSORY SIIRUCIURBS Al{D GREENHOUSES:
Accessory structures, if any, shall be of sinilar
conEtruction nateriale and quality ae princlpal buildl.ngs.
Greentrouses uuet be constructed of per:nanent naterials and
nuet be a part of the resldential etructure or garage and
nay not be a free etanding building.
(:orii) CONTINUITY OF CONSTRUCIION: AIIstructures connenced in the Subdlvleion shall be proeecuteddiligently to conpletl.on and shall be conpleted wLthLn thetrelve nonths of counencenent unless exception is granted inwritlng by the coilnittee.
(xxiii) Ug"IgANgE: No noxlous or offeneiveactivlty shall be carried on sithin the subdivielon,
nor shall anything be done or pernitted rhich ehall
constitute a nuisance therein.
(xxiv) :
onners and contractors are per:rnitted to store conetrnrctionnaterials and eguipnent on the approved constnrction slte
during the construction perlod. It 6hall be neatly stacked,properly covered and secured and is the responslbility ofthe owner and the contractor. owners and contractors willnot disturb, damage, trespass or store materials or
equipnent on other orrnerar Building Envelopes, on the Open
Space Tract or on the Road Tract.
(xxv) W: Orrners and
contractors shalt clean up all trash and debrie on the
construction eite at the end of each day. TraEh and debrisshall be rernoved from the site at leaEt once a week to the
cloEeEt eolld raste disposal site approved by Eagle county.
ounera and contractors are prohibited fron dunplng, buryingor burning trash anynhere in the Subdivision.
(xxvt) SANfTARY FACILITIES: Bach Ormer and con-tractor strall be responEible for providing adequate sanltaryfacilltles for his constnrction workers.
(xxvii) PARKING AREASs conatructlon crews and
other construction pereonnel shall not park on the open
Space Tract or use other Building Snvelopes for parlcing
purposes during constr:uction.
(xnriii) RESToRATIoN OR REPATR oF oTHER PROPERTy
DAilAGED: Damage or scarring to other property, includingbut not linited to other Building Envelopes, tlre open spaceTract, the Road Tract and Lnprovenents thereon, drl.vevays or
other iuproveuents is not per:nitted. If any euch damage
occurs, it will be repaired prornptly at the expense of the
person causing the eane.
(xxix) coilDucr aI*lD BEHAVIOR: All Osnera shall be
reeponsible for the conduct and behavior of thelr agents,
representatives, invitees, builders, contractors and
eubcontractors.
5. DMSION OF |lRAefS. (a) Each and eve4' Tract Le
hereby divided euch that an undl-vided interest Ln each and everyTract is hereby conveyed and nade appurtenant to each and every
one of the Building Envelopes as folloss:
Appurtenant PercentageInterest in each TractBuildinq Envelope
I
2
3
20.oo
20. oo
20. o0
7
20.00
20. oo
(b) Each BuildinE Envelope and its appurtenantinterest in the Tracts ehall be inseparable and nay not be
conveyed, Ieased, deviEed or encunbered one without the other. Atransfer by an Onrner of legal title to all or any portion of aBuilding Envelope shall automatically transfer a proportionateinterest in the appurtenant interest in the Tracts. No interestin a Tract by itself may be granted, conveyed or assigned by an
owner separate fron his Building Envelope.
(c) Each and every Tract shalt be owned in connon bythe Onrners and shall reuaLn undivLded. No owner shall assert anyright of partition sith respect to a Tract and each osner vaives
any and al} rights of partition he nay hold by virtue of his
ownership of an undivided interest in the Tracts as a tenant ln
colrmon with the other Ouners.
(d) Each Onner shall be entitled to use the Tracts in
accordance with the purposes for shich they are intended, sithout
hindering, inpeding or inposing upon the rights of the other
owners and in accordance vith the rules and regulations duly
established from tine to tine by the Association, as provided for
hereinbelow.
6. EASEUENT FOR USE OF ROAD TRACI: Declarant desires toprovide to eactr owner the right of ingress and egress to ltis
Building Envelope from a private road and Declarant hereby grants
and assigns to each owner a perpetual , non-exclusive easement and
right of vay under, over, across and through the Road Tract forthe purpoees (subject to the adrninistration of the Association)of conetructing, naintaining, repairing, enlarging and
reconstructing a roadway thereupon providing vehicular andpedestrian ingress and egress between his Building Envelope and
Lionrs Ridge Ioop (Buffehr creek Road), a private road located in
Eagle County, colorado. The easenent and right of way hereby
granted and assigned shall run sith the land and shall be
appurtenant to each Building Envelope, such that a transfer by an
owner of legal title to all or any portion of a Building Envelopeshall autornatically transfer a proportionate interest in the
easement and right of nay granted and assJ.gned herein; provided,
however, that no interest in the eaeenent and rlght of way
granted and assigned herein for the purpose of a roadway roay be
dedicated to the pubtic or granted to a non-ouner without theprior rrritten consent of aII owners.
7 . ADI.TINISTRATION A}{D I.IANAGEHENT OF THE TRAETS: TITE
Tracts shall be adnlnistered and nanaged pursuant to this
Declaration, the articles of incorporation and the bylaws of the
Association. Each Owner shall be a mernber of the Association andshall remain a menber until he ceases to be an owner. Each
nenber shall conply strictly with the provisions of this
Declaration and of the articles of incorporation and bylaws of
the Association. Each nenber shall be bound by and shall conply
vl-th rules, resolutions and decisions of the Association duly
rnade or adopted in the nanner set forth in the Associatj'onrs
articles of incorporation or bylaws. Such rules, resolutions and
decisions nay apply, rrithout linitation, to the control and useof parking areas located on the Road fract including' withoutlinitation, the designation of epecific parking spaces to be used
by specific owners to the exclusion of use by the ottrer owners.
FaiLure of the menber to conply vith such provisions, rules,
resolutions or decisions shall be grounde for an action to
recover damages or to obtain injunctive relief, or both'
naintainable by the Association on behalf of the other o$ners or'
in a proper case, by an aggrieved owner. fn addition, the
Associationrs bylaws may authorize the Association, during the
period of any delLnguency, (a) to revoke a delinguent ownerrsright to use the Tracts and (b) to suspend a nenberrs voting
4
5
privllegesi however, no auch suslrension Ehall affect the righteof a Flrst Lienor.
8. T,TAINTENANCE Al{D REPAIRS OF TIIE TRAETS: The Tracts and
Luprovenente thereon shall be adninistered, coneerved, nanaged,nalntalned (including, without linltation, snos renoval and
Iandscape naintenance), repaired, inproved and replaced by theAssoclation. However, lf the need to nake such repaLre or
naintenance results fron the negligence or intentionat act of anyorner, his fanily, agent or invttee, such Onner shaU relnbursethe Aesoclatlon for all the costs of repairlng such danage andshall be liable to the other Osners for all additlonal losses or
dauages euffered, including reaeonable attorneyrs fees.
9. ASSESSI,IEI(rS FOR COttl,lON EXPENSES! (a) Bach Orner ghall
pay hlg pro rata share of the connon expenses, rlth such pro rata
ehare of each ormer to equal the undLvlded percentage Lnterest ln
each and every fract appurtenant to euch Onnerrs Buildlng
Envelope, as speclfically set forth ln subparagraph 5(a) hereof.
(b) Tlre board of directore (the tDoardr) of the
Assocl.ation shall fix, deternine, Ievy and collect annual andspecial assesrurente to be paid by each of the Oryners to ueet the
connon er(penses and to create a contingency reaerrre therefor.Prior to the beginning of each flscal- year of the Aseociation,the Board shall adopt a budget for that year. The budget ehalllnclude, but ehall not be linited to, an estinate of the costs of
naintenance, repair and replacernent of the Tracts and
inprovementE thereon, the cost of sernices to be provided by theAssociation, the cost of insurance reguired by Paragraph 1Oherein, and proposed capital expenditures. The budget shall
include an adequate reserve fund for the aaintenance, repairs and
replacement of the Tracts and inprovenents thereon, in order that
such naintenance, repairs and replaceDent nay be paid for through
regrular installnents rather than by epeclal aseessment. For the
Aesociationrs fl-rst fiscal year, the Board shall adopt the budgetat the firEt rneeting of the Board and designate the date of
conDeneeuent of the first annual aasesenent, with the coEtE for
naintenance, repairs and replacenent of the Tracts and
inprovenents thereon and any resewe fund needed tlrerefor based
on a good faitb estinate of tlrose costei eaid estinate nay be
based on the costs incurred by slnilar aesociations in thegeneral locale. thereafter, the cost of nalntenance, repaire and
replacenent and any reserve fund needed therefor shall be on the
baeis of the previous yearrs costs sith euch adjustnents
therefrom as the Board considers appropriate. The budget ehall
alEo include the annual assessnent for each ormer. Speclal
aasessnents may be levied whenever in ttre opinl-on of the Board itis necessary or adviEable to do eo (i) to ueet lncreased
operating or naLntenance expenaes or costs, (it) to provide foradditional capital expenses, or (tti) because of enerEenciesi
bouever. Lf ttre proposed additional capltal expenses at any given
tirne are Ln excees of 40 percent of the existing budget, such
expenses nay be incurred only after the otrner6, by the vote ofthe Oryners bearing at least 75 percent of the connon expenaea,
approve such expenses. All annual aEsessnents shall be based
upon an approved budget; all other assessnents shall be .lniteuized Etatement form and shall set forth the detail of the
various expenser for vhich the assessnents are belng nade.
(c) fhe Board shall prepare and provide to eactr Ocner
a statenent for the annual aEsesenent and any special assessnent
against hiE Euilding Envelope. Annual asseasnents for the
budgeted comnon expenses shalI be paid in guarterly installnents,
each Euch lnstallment due and payable Ln advance on the firet dayof each calendar guarter, or Dore freguent Lnstalluents aE nay be
detetmined by the Board. Speciat aEsegsnente shall be due and
payable as specified in the written notice of euch assesgnentprovided by the Board.
(d) The Board shall have the right to add to any
Orrnerre asaessment, as provLded in this Paragraph, those amounts
expended by the Association for the benefit of any individual
Ouner, including but not linited to, fines (pursuant to rule
adopted by the Assocl.ation), repairg and replacenents to theTracts and/or improvenents thereon caused by the negligent orwillful acts of said owner, his fanily, gtrests, employees,licensees, Iessees or invitees, and all other expenditures or
charges provided for by this Declaration or the AssociatLonrs
bylaws.
(e) If any assess[ent shall renain unpaid ten daysafter the due date thereof, the Board nay inpose a late charge on
such defaulting owner in an amount equal to 1.5 percent of euch
agEesenent. Likewise, a late charge egual to 1.5 percent of the
unpaid assessment nay be imposed on the flret day of each
calendar nonth thereafter so long as Euch aEsessment shall beunpaid. Failure to nake palnent vithin 30 days of the due datethereof also shall cause the full anount of such Ownerrs regular
assessDents for tlre remainder of that year to become due and
oving at once, at the option of the Board. In the event it shall
become necessary for the Board to collect any delinguent
assessments, whether by foreclosure of a lien hereinaftercreated, by conrnencing of a court action (wlrlch may be brought bythe Association vithout waiving the lien hereinafter created) or
otherwiEe, the delinquent owner shall pay, Ln addltion to the
aBsesallent and late charge herein provided, al} costs ofcollection, including a reasonable attorneyrs fee and costs
incurred by the Board in enforcing palment.
(f) All suns assessed but unpaid for the share of,
comnon expenses assessed to any Building Envelope shallconstitute a lien on such Building Envelope and appurtenantinterest thereto in and to the Tracts in favor of the Associationprior to aII ottrer liens and encunbrances, except: (i) Ilens forgeneral property taxes and special asseEsnents, and (il) the llenof any first uortgage or first deed of trust of record
encunbering such Buil.ding Envelope. The Associationrs lien ehall
attach fron the date vhen the unpaid asseEsnent shall becone due
and nay be forecLosed by the Association in like nanner aa a
nortgage on real property upon the recording of a notice or clairnthereof executed by a nenber of the Board on behalf of the
Association setting forth the amount of the unpaid indebtedness,the nane of the owner of the Building Envelope, and a descrlptionof the BuiJ.ding Envelope, If any such lien is recorded by the
AsEociation, the Owner shall be reguired to pay the coEts and
expenseE of the preparation and recording of the AssociationrsIien, including reasonable attorneyrs fees, or $150.00, uhichever
Ls greater. In any such foreclosure, the orrner shall be reguiredto pay the costs and e:<penses of such proceedings, lncluding
reasonable attorneyrs fees. During the period of foreclosure,the onner of the auilding Envelope subject to euch action shall
be required to pay a reasonable rental to the Association. The
Association shall be entitled to purchase the Building Envelopeat the foreclosure sale, and to acqui.re, ho1d, lease, Dortgage or
convey the sarne.
(S) No owrer ehall exenpt hinself fron liability for
paynent of his share of the comnon expenses either by waiver ofthe use or enjolment of the Tracts or by abandonment of his
Building Envelope.
(h) If involving a first mortgage or first deed oftrust, sale or transfer of any Building Envelope as the reEult of
court foreclosure, foreclosure through the public trustee, or any
proceeding in lieu of foreclosure, including the transfer of a
deed in lieu of forecloEure, shall extingruieh the lien of such
aEsessnents as to palments thereof for periods prior to such saleor transfer, but shall not relieve any for:rner Oarner of personal
l-iability therefor. llhe nortgagee of such Building Envelope who
10
l
acquires tltle by way of foreclosure or the taking of a deed lnlieu thereof, ehall not, however, be liable for any assessnentfor perlods prior to the date of lts acqulrlng tltle and shall
onLy becone liable for aseessments for perlods frou and after the
date lt becornes the orrner of such Building Envelope. No sale ortranefer ehall relieve Euch Building Envelope fron llablllty for
any aeaeesnents thereafter beconing due or fron the lien thereof.In the event of the sale or tranefer of a Bullding Envelope uith
reepect to which suns shall be unpaid by a defaulting owner,
except transfers to a First Lienor in eonnection slth a
foreclosure of ite llen or a deed in lleu thereof, the purchaeer
or other transferee of an interest in guch unit Bhall be Jolntlyand severally liable vith the seller or traneferor thereof, for
any such unpaid suna.
(i) Upon vritten regueet of any Otrner, aortgagee,prospective mortgagee, purchaeer or other prospective transfereeof a guilding Envelope, the Assoclation sha1l Lssue a srltten
statenent setting forth the anount of the unpald coutron expenses,Lf any, with respect to such BuildLng Envelope, the arnount of thecurrent nonthly aaseaaDent, the date on whictr Euch assessDent
becane or ehall becone due and the anount of any credit forprepaid expenses. Such statenent, for vhich a reasonable fee lay
be charged, is binding upon the Associatlon Ln favor of any
person who nay rely thereon ln good faith. Unless a requeet for
such etatenent ebal.l be conplied rith within 2O days afterrecelpt thereof, all unpaid coronon expenaea whlch becaue dueprior to the date of naking such request ehall be Eubordlnated tothe lien or other interest of the person requestlng such
statenent.
(j) Any party in favor of whom a ll.en on a Building
Envelope haa been created nay but shall not be requlred to pay
any unpaid connon expense wlth respect to such Building Envelope,
and upon such palment such party shall have a lien on guch
Building Envelope for the arnount so paid of the sane rank as thelien theretofore existing.
10. fNSI'RA!|CE 3 (a)
the osners:
?he Association shall, on behalf of
(i) provide and keep in force, for the protectionof the Association, its officers and dlrectors, and all the
owners and First Lienors, general publlc llability andproperty danage insurance against clal.ns for bodily tnJuryor death or property danage occurring upon or ln the TractE,ln llnitE of not less than $1,Oo0r0OO for bodify lnjury or
death to any number of pereons ariaing out of one ascLdentor dieaEter, or for damage to prope*y, and Lf higher llnltsshall at any tine be custonary to protect against poseibletort lLabillty, such higher liuite shall be carriedi
(fi) carry insurance l-n such anount as theAssociation rnay consider neceseary or advieable agal.nst suchother insurable hazards as Day fron tLne to tine be conrnonly
lnsured agatnst in the case of sfulllar property ln elnilarlocatlons eleewhere.
(ilt) earr? directors and officers liability
insurance in euch amounts as the Aesociation [ay consider
necessary or advleable.
(b) All ingurance required to be carried under thls
Paragraph shall be carried 1n favor of the Association, the
Onners and all First Lienors, as their respective interests nayappear. Each insurance policy shall provtde that no cancellationthereof nay be made by the insurance carrier sithout having flrstgiven 30 days' prior written notice thereof to the Aesociatlon,the oryners and all Firgt Lienors. Each ineurance policy shallalso contain a nseverability of interesttr endorsenent, which
L
11
o
provl.dea, in case of violation of any provision thereof by the
Aesociation or one or nore (but less than all) of the Owners,that the coverage of euch policy shall be suspended or
invalidated only as to tbe interest of the AEEociation or the
Oqrner or Owners conmitting the vlolation and not as to the
l-nterest of any other Owner.
11. APPoINTUENT OF ATIoRNEY-IN-FACI3 Each Otmer by hiE
acceptance of the deed or other conveyance vesting in hin anintereet in a Building Envelope does irrevocably constitute and
appoint the Association vith full power of substitution as hlstrue and larrful attorney in his nane, place and stead to uanage,control and deal with his interest in the TractE ao as to permit
the AEsociation to fulfill all of lts and the ownerrr dutLes,obllgations and rights lrereunder and, with fuII porer, right and
authorization to execute, acknowledge and deliver any contract,
instrument of conveyance, proof of loss, release or other
instrunent affecting such interest of the Owner, and to take anyother action, which the AsEociation nay consider necessary or
advisable to give effect to the provisions of this f,tecl.aration.If reguested to do so by the Association, each onner slrall
execute and deliver a written instrument confiruing suchappointnent. The action of the Assoclatlon in settling any clainwith respect to the Tracts shatl be flnal and binding on allOnners. No onrner shall lrave any rights against the AEsociatLonor any of lts officers or directors vith respect tlrereto exceptin case of fraud or gross negligence.
12. OUALfTY OF WORK: Any repairs, renovation orrestoration of the Tracts or improvements thereon by the
Association as attorney-in-fact for the ornerr shal-I be done l-n
such rnanner as to uake the Road Tract or the Open Space Tract atIeast as valuable after such work as it was inmediately beforethe occurrence reguiring the work to be done.
13. PROPERTY FoR co!{!.toN USE! The Aseociation tnay acguire
and hol.d for the use and benefit of all ormers real property, as
long as such real property is purchased at a foreclosure sale,
and tangible and intangible personal property and nay dispose ofthe eame by sale of othernise, and the beneficial interest in any
such property shall be owned by the owrrere in the sane Proportionas their respective interests in the conmon e{penses and shaIl
not be transferable except with a transfer of a Building
EnveLope. A transfer of a Buil.ding Envelope shall tranEfer tothe transferee ownership of the transferorts beneficial lnterestin such property without any reference thereto. Each Oryner Day
use such property in accordance with the purpose for which it is
intended, nithout hindering or encroaching upon the lawful rightsof the other o$ners. The transfer of titte to a Building
Envel.ope under foreclosure shall entitle the purchaser to thebeneficial interest in such property associated rlth the
foreclosed Building Envelope.
14. E.ASEMENT. I.EASE. I,ICENSE AND USE OF TRA TS. ThE
Assocl.ation shall have the right to grant by easement, lease,
licenEe or peruit the use of, by less than all oryners or by non-
onners and with or without charge as the Association nay deern
desirabler lny portion of the Tracts or irnprovenents thereon or
any Building Envelope owned by the Assosiation. The rightsgranted to the Association in this Paragraph 14 ehall only be
used'in the pronotion of the collective best interest of the
Onrners.
15. REGISTR,,ATTON BY OWNER OF UAILING ADDRESS: EACIT O$NETahatl register his nailing address with the Association' and,
except for nonthly statenents and other routlne notices, all
notices or demands intended to be seryed upon an omer shall be
sent certifled mail , postage prepaid, addresged Ln the nane of
the oryner at such registered nailing address. AII notices,
denands or other notices intended to be serrred upon the
L2
-,r t
,t .!,: t, '
I f-*t
DtrtrRRTMtrNT @tr-tr@MMUNITV DtrVtrt@FMENT
W tolEs ActoN F'RM xXxXXxX
ACcouNT #lTEl.r NO.
c0sT
EA.
TOTAL
AMOUNT
---_--I too -
01 0000 41330
LCOM. DEV. APPUCAT]CN FEas
Ir -I t I roo.-01 0000 41540 ZONING AND ADDRESS MAPS Enn
01 0000 42+1s I9d6 UNIFORII EUITDING CODE Rn nn
01 0000 42+15
------r
01 0000 42415
1988 UNIFORII PLUI,IBING CCIDE 56.00
19BB UNIFOR}I MECHANICAL CODE
1988 UNIFORIJ FIRE CODE
1987 NA]ICNAL EL:CTRICAL CODE
J2.00
01 0000 42415
-----c1 0000 42+1s
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)1 0000 42115
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)1 0000 41548
-l
!n n|1
IoTHER COoE BOOKS
IBLUE PRtNTs (M\r.\Rs)
xERox coPtEs ,/ sruorEs
PENALTY frEs / RE_tNspEcl.loN
7.00
101, 0000 +2+12
Pl 0000 42371
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OFF HOURS INSPECT]ON FE
CON]RACTORS UC$ISES fEES
O]HER FEES
SIGN APPLICATION
-
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20.00
c0MI ENTS: ZL t ft<--a-i^- r
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PUBLTC NOTICE
NoTICE IS HEREBY GIVEN that the Planning and Environmental
Conmission of the Bown of Vail will hold a public hearing in
accordance with Section 18.65.050 of the nunj-cipal code of the
Town of Vail on April 9, 1990 at 3:oO p.m. in the Town of Vail
l,lunicipal Building. Consideration of:
1. A request for an exterior alteration and a setback variancefor the Lifthouse todge, Iocated at Block 1, Tract C, Site C
(555 East Lionshead circle)Applicant: Lifthouse condoruiniun Association
2. A request for a final plat for a najor subdivision and for
SDD No. 22, a resubdivision of Lots 1-19, Block 2,
Lionsridge Filing No. 3.Applicant; Pat Dauph5-nais, Dauphinais-lloseley Construction.
3. A request for a side setbask variance at Bighorn TerraceUnit #D-7, 4242 East Col-umbine Way.Applicant: Kathryn Benysh
A request for a major subdivision and for a major amendmentto sDD No. 15 on a portion of Parcel A, Lionrs Ridge
Subdivision, Filing No. 2 (The Valley - Phase III)Applicant: Brad and susan Tjossem
A request for a conditional use for a Learning center Lab in
the lower leveL of the proposed parking structure at theVail Valley Medi.cal Center on Lots E and F, Vail Village 2ndFiling (181 west Meadow Drive).Applicant: vaiL valley Medical center.
A requesL for a rnajor amendnent to Special DevelopmentDistrict No. 7 (The Marriott llark) in order to add 57
timeshare units and I employee housing units.Applicant: Marriott corporation.
A reguest for an exterior alteration, strean setback
variance, view corridor amendnent, site coverage variance,
and conditional use for a deck enclosure and new outdoorpatio for the Red L,ion euilding.Applicant: Frankie Tang and Landmark Properties
4.
5.
5.
't.
The applications and
available for public
Department office.
Toun of Vail
Connunity Development
Published in the vail
inforrnation about the proposals are
inspection in the Cornnunity Development
Department
Trail on llarch 23, t99O.
,
SUBDIVISIONS
review and commenr. Notification shall be mailed at lcasr fifteen
days prior to the dai: set by th. planning and environmenral
commission for pubiic hcaring:
A. The Vail Valley Warer Disrricr.
B. Departmenr of Public Works-
C. Town of Varl Fire Departmelr.
D. Town of Vail Poiice Departmenr.
E. Public Service Comoany of Colorado.F. Hot.v., Cross Eiec:ric Associariol.
G. M ountain Bell-
H. Cablevision companv servins rhe area.I. National Forest. Sc:'vice.J. Upper Eagie Vallev Saniraricn Districr.
K. Other interesteC agencies wh::r applicable.
Such agencies shlii bc requir:C ro make .iecommendations
and commenrs within fifteen dar'5 fss6 the dare of receipr of
no(ification that the preliminarv pian is available for review.
Failure to maie rec c n:;:r:datio ns and/or commenrs within the
prescribed fifte:n :a..'period shail be deemed approval of thc
pre mlnarv ptan.
(Ord.2(1983) $ I (pan).)
I7.l6.l t 0 PEC review criteria.
The burden ofproofshall resr *irh the applicant to sho* that
the appiication is in compliance sirh rhe intent and purposcs of
this chapter. the zoning ordinanr-.e and orher perrinent regulations
lhat the PEC dcems applicable. Dur. consideration shall be given
to the recommendations rnade by public agencies, urilir)-
comnanies and other agencies consuircd under Sccrion 17.16.090.
The PEC shall review the appliclion and consider irs appropri-
ateness in reqard lo to',r'n policies relatine ro subdir.ision control.
dcnsiries propr)sed. regularions, orciinances and resolutions and
ot her applicable docunrenrs, ent ironnrental inregrirl. and compati-
bilitl' wirh rhe surrounding land uses and orhcr applicable
documents. eifecrs on thc aesthetics of the town. environmental
inte grity and cornparibiliry wirh thesurrounding land uses. (Ord.
2(l9Ei) $ I (part).)
E
(\'dl tJ-E:l )2S{
{
J,f,i
F. List of the name of owners of all property ad;jacent to the Subject
property and their maiiing addresses.
The Valley Condominiums Phase I and 2 of The Va1ley
Super Association East Property Boundary of Elk Meadows
Scott Justice, Manager
1516 Buffehr Creek Rd.
Vai1, C0 81657
476-7360
Charles Bridges Phase 6 of The Valleytrr Vice President West Property Boundary of Elk Meadows
NCNB Texas
1201 Main St.
Dal I as TX 75283-0106
pnSe, \.-_5en rY€xt
UTILITY LOCATION VERIFICATION
El k l{eadowsSUBDIVIS]-ON
JOB NAME Sinqle Fami l
Lor 4 BI,OCK
ADDRESS 1630 Bueffehr Creek Rd.
Thc location of
rnus t be approved
site plan,
util 1-ties, nhether they be rnain
and verified by che following
Mountain Bell
468-6500
Western Slope Cas Co.
t 800 922-1987
llar ry Moyes
Public Service Company
949-57 8L
Gary llall
lloly Cr:oss E.lec t lrc Assoc,
969-5892
Ted llusky/t{lchael Laver ty
llerlrage Cablevisior-r T.V.
94 9-5s30
Gary Johnson
Upper Eagle Valley WaEer &
Sanitacion Dis t ric t
47 6-7 480
Fred llaslee
NOTE: These verifications do noc relieve the
to obtain a street cut permlc from the
Works an<l to obt.ain utility locat ions
of-way or easenent in tlre Town of Vail
!I!__pjfI-:!!.. A sEreet cut permir rnusr
FTLTNG 2 Parcel A Lion's Ridqe Subvision
trunk llnes
uEili.ties for
or proposed lines,
the accornpanylng
Date
1-vo- ?o
/-Jo -?t'
,/-.Joql
,/*so--?t)
2 '/ 6 '").1
?=1l6 ''i O
cont.rac Eor of his responslbllity
Town of Vall, Departnlent of Public
before di.gging in any pubJic rlght-. A_L,,ii.tt"g p"tl
be obcai[ed seParately.
Thls f or:m ls Co ver:ify servlce availability an<l location,
This should be used in conjunction with preparing your
ut.i.liEy plan and schetluling insEallatlons.
*(Please bring a siCe plan when obtainlng Upper Eagle Va1ley !,Iarer
& Sanltation signa rure s )
Atr tho rizerl S igna t ure
ii
PLANT I'IATERIALS:
(con't)
SHRUBS
Botanical Name
Potenti I I a
Common Name
Potenti I I a 15
EXISTING SHRUES
TO BE REMOVED
Type
GROUND COVERS
Artemi s i a Tri dentata Sage Brush 40
Square Footaqe
Si ze
s0D
SEED Nati ve rasses and wildflowers
TYPE OF
IRRIGATION
TYPE OR METHOD OF
EROSION CONTROL
C. 0THER LANDSCAPE FEATURES (retaining wa11s, fences, swimming etc.) Please specify.poo1s,
I
NAl,lE 0F PR0JECT: Srlg=l=e [amily Home ows
LEGAL DESCRIPTI0N: n'i
STREET ADDRESS: to:o sme#-ar&k Ra.
t
DESCRIPTION OF PRO : 3255 Square Foot 3 Level 2-l car qarages Chinked
The fol'l owing information is required for submittal by the applicant to the Design Review
Board before a finai approval can be fiven:
A. BUILDING MATERIALS: TYPE OF MATERIAL COLOR
Roof
Siding
0ther l.lal'l Materials
Cedar Shakes Natural
10" diameter Loqs/Stucco Naturaj/ White
Boqtdlhd Batten/Rough Cut
Subdi vi s ion
Ridge Sub Div
Log Home
LIST OF MATERIALS
Natural
Fascia
Soffi ts
l,li ndows
llindow Trim
Doors
uoor trlm
Hand or Oeck
Fl ues
Flashings
Ch i mn eys
Rails
le{grlRoqgf Qut Natural
Double Glaze/ Snap in Grills Natural
Pine Rough Sawn lJhite/ Dk. Green
Raised Panel Wood/ French Doors
Pine Rouqh Sawn Natural
Log Timber l4achine Turneo Natural
Painted Metal 16" above Stucco Flue Chase White
Painted l'letal tlh i te
Stucco Flue Chase l'|hi te
NIR
N/R
B.
Trash Enclosures
Greenhouses
0the r
PLANT MATERIALS:
PROPOSED TREES
LANDSCAPING: Name of Designer:
pnone:
Dennis Anderson/ Edward Il. Gwathmey
Common Name Quani ty Size*
Aspen less than 2" trunk
Indicate height for conifers.
(over)
Botanical Name
existing only
EXISTING TREES
BE REI1OVED
To Bgru]ul--
Pine Tonque and Grove
*Indicate calioer for deciducious trees.
APPLICAT]ON DATI:
DATE 0F DRB MEETI i,tc : t4arch Z l, 1990
DRB APPLICAI ION
*****TIIJS APPL ICATION t,'lILI. NOT BE ACCIPTTD UNTIL AI.L INFORT.,IATION IS SUBIIITTtD*****
I. PRE-APPLICATION I"IETTIIIG:
A pre-appljcation meeting wil.h-a planning sLaff member is strongly suggested to
deiermjnb if any additional inlorrnation is needed. No application will be accepted
unless it is corrrrrlete (mrrst include all i tcrns required by the zoninq adnrinistrator).
It is the applicant-'s respon',ibi1ity to tnalle an appoinLnrent with the stafI to find
out about additional subnritl.al requirements. Please note that a COMPLI][ applica-
tion will streanrl ine the approval process for yottr project by decreasing the nuntber
of conditions of .rpprov,rl t-h.rt tlre DIitS nray stipulate. ALL conditions, of approval mttst
be resolved bcl'ore a btrildjng permit is issuecl .
A. PROJECT DISCRIPTIOII:Single Farpily Home for Bradley and Susan Tjossenr
Elk l4eadows Subdivision lot l4
-
B. LOCATION OF PROPOSAL:
Address 1630 B_g_.lilghr Creek Rd.
Leg.r I
Zoni ng
Descri pti on Lot 4 nt".kPuttul A, [ion't Tffinfrbdivision Filing 2
Special Developrnent District
D.
NAMI 0F AppLICANT; Bradley and susan Tjossenr
Address P.0. Box 2975 Vai l CO 8165B tel ephone 4j6_?525
NAI4E 0F APPLICANT'S RIPRISENTATIVE: Jay Peterson
Addres s Vai I National Bank Bui I dinq _ telephone 476-Ooa2
t-NAI'lE 0F gl,tNERS. Susan Tjossem
S i gna ture
Address
F DRB F[E: The fee wi lI
VALUAT I ON
$ 0-$ 10,000
$10,001 -$ 50,ooo
$50,001 -$ 150,000
$150,001 - $ 50o,o0o
$500,001 - $1,000,000$ 0ver $1,000,000
IMPORTANT NOTICE RI-OARDING
$ 10 '00
$ 25.00
$ 50.00
$1oo.oo **
$200.00
$300.00
ALL SUBMISSIONS Tt, Tll[ DRB:
Box ?975 Vai I, C0 81658 telephone 476-352s
be paid at the time a building permit is requested.
FEE
In addition to nreetinq subrnittal requirenrents, the appljcant must stake the site
to jnrlical.e property lincs .rnd buildinrl cornttrs. Trees that will be removed
should also be rnarkecl . This work must be contpletecl beforc the DIIB visits the
site.
2. The revier,J process for NnJ BUILDINGS will nornral ly involve tvro separate meetings
of the Desiqn Revier,r Board, so plan on at least tlo meetings for their approval.
3. People who fai1 to appear before the Design Revierv Board at their scheduled
meet.ing and who have not asked for a post.ponement will be required to be
reDubl i shcd.
". I
.:
DEFMRTMENT
E@MMUNITV DtrVtrL@
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FMENT
XXXXXXX sALES AcroN FoRM xxxxxxx
AccouNT #
01 0000 41J30 CO}J. DEV. APPUCATICN E=S
1 0000 41540 ZONING AND ADDRESS MAPS
1 0000 42+1s 1988 UNIFORI.I BUILDING CODE
't 0000 42+1s 1988 UNlFO.?t,{ pLU!,{BlNc CODE
l 0000 42+15 1988 UNIFORI.I MECHANTCAL CODE
01 0000 42415 1988 UNIFORII FIRE COOE
1 0000 42+1s IS87 NAT'IONAL ELICIRICAL CODE
1 0000 42115 OTHER COOE BOOKS
1 0000 41548 BLUE PRINTS (MY1-,{RS)
01 0000 42+12 xERox coFtES / sruDtES
1 0000 42371 PENALry FEES / RE_tNsPEcT.IoN
1 0000 +1322 OFF HOURS TNSPECI]ON FE
CoNTRACTORS UcElrsEs fEES
1 0000 41330
0l 0000 41413 ,SIGN APPLICATION
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T0: Kristan Pritz
l'li ke Mo I .l i ca
Vai'l Communi ty Development Department
FROM: Bradley and Susan Tjossem, 0vlners of Elk I'leadows Subdivision
DATE: April 5, 1990RE: Phasing of the Elk Meadows Subdivision inregards to Fire Hydrant
Instal lation and Pavinq.
The Elk Meadows Subdivision Development will be done in two phases, Phase I
and Phase II.
Phase I will encompass the buflding of one singie family home for Bradley
and Susan Tjossem on Lot 4, during the Spring of 1990.
Phase II will commence, at a time in the future, that a building perm'it is
applied for on any of the addjtional lots.
Phase I
For Phase I, one F'ire Hydrant wjll be required to be installed withing 500
linear feet of the Tjossem residence, on the Private Rodd, no further than
5 feet from the edge of said Private Road. l.|e proposeinstalling said Fire
Hydrant af soon after the building permit is issued,as feasible. Secondly,
we propose puving the Private Road from Euffehr Creek Road to and including
the driveway of the Tjossem residence. All the rest of the existing
Private Road will be covered with top soil and reseeded to it's natural
state until Phase II.
Phase II
At the commencement of Phase II, Fire Hydrants will be installed in accordance
with all regulations. Secondly, the Private Road will be re-built to
servjce new resjdences and have the required Fjre Department turn around. Private
Road and turn around will then be completely paved. Please refer to the
Landscape/Site Plan for the future configuration.
7 W'Vtguu ,,--h\
PUBLIC NOTICE
NoTIcE Is HEREBY GMN that the Planning and Environmental
Conunission of the Town of vail will hold a public hearing in
accordance with Section 18.66.060 of the municipal code of the
Town of Vail on May 14, 1990 at 3:00 p.m. in the Town of Vail
Municipal Bullding. Consideration of:
A request for a final plat for a major subdivision for sDD
No. 16, on a portion of Parcel A, Lionrs Ridge Subdivision,Filing No. 2 (The Valley - Phase III)Appticant: Brad and Susan Tjossen
A request for an exterior alteration in order to construct
an addition to the BelI Tower Building at 20L Gore Creek
Drive.Applicant: Clark I{illingham ,/ Bell Touer Associates, Ltd.
A request for a site coverage variance for an addition onlot 3L, Block 7, Vail Village 1st Filing.Applicant: H. Ross Perot
A reguest to apply High Density Multi-Family zonlng to the
Mariott lltark Resort and for a rnajor amendment to special
Developnent District No. 7 (Marriott Mark) in order to add
58 tineshare units and 8 employee housing units.Applicant: Marriott Corporation.
A reguest for a conditional use pernit to allow for a Bed
and Breakfast at Lot 118, ltatterhorn Vitlage Subdivision.Applicant: Willian Clen
A request for a major subdivisionr a request for a varianceto the maxirnum height for retaining walls, and a request for
a variance to the maximum percent grade for a road, on a
parcel conmonly referred to as Spraddle Creek, an
approxinate 40 acre parcel located north and east of the
Main Vail I-7o interchange and east of the Spraddle Creeklivery. Conmencing at the Northeast Corner of the SoutheastI/4 of the Southwest L/4 of Section 5, Township 5 South,
Range 80 West of the 6th Principal Meridian, being an Eagle
County Brass Cap properly narked and set. with all bearLngs
contained herein being relative to a bearing of s oo 11r oorl
E between the Northeast Corner of Eaid Southeast L/4 of t'tre
Southwest L/4, and the Southeast Corner of said Southeast
L/4 of the Southwest L/4 being an Eagle County Brass cap
1.
2.
3.
4.
5.
6.
\
properly narked and seti 6aid Northeast Corner of the
Southeast L/4 of the Southwest l/4 being the Point ofbeginningr thence S OO 11r O0rr E aLong the east line of saidSoutheast L/4 of the Southwest L/4 of Section 5 a distanceof 1320.14 feet to the Southeast Corner the sai.d SoutheastL/4 ot the Southurest L/4 of Section 5i thence S 89 47r 48[ walong the south line of said Southeast L/4 of the SouthvestI/4 of Section 5 a distance of 901.00 feet; thence N 73 481
32rr W along Interstate 70 Right of Way line a distance of
21-4.L2 feet; thence N 66 52r 12rr I{ along said Right of Wayline a distance of 24J-.10 feet to a point on the west Lineof said Southeast l/4 of the Southwest 1/4 of Section 5;
thence N OO 20, 31n W along the nest llne of said Southeastl/4 ot the Southwest l/4 of Section 5 a distance of 1161.66feet to the Northwest Corner of the Southeast L/4 of ttl.e
Soutbwest L/4 of Section 5 being an Eagle County brass capproperly marked and set; thence N 89 41t Lz't E along thenorth line of said Southeast L/4 of the Southwest l/4 of
Section 5 a distance of 1331.07 feet to the Point of
Beginning. Said real property containing 39.55 acres, moreor less.
The applications and infornation about the proposals are
avail-abl.e for public inspection in the conmunity Developuent
Department office.
Town of Vail
Corununity Development Departrnent
hrblished in the VaiI Trail on ApriL 27, 1990.
I'PI,AI.INING AND ENVIRONUENTAL CO!,T}ISSION
APRrL 23, 1990
Present
Chuck Crist
Diana Donovan
Connie f6ight
Ludwig Kurz
Jim Shearer
Kathy Warren
llemberE Absent
Dalton Willians
staffKristan Pritz
Tom Braun
Mike Uollica
Penny Perry
Betsy Rosolack
Staff Absentshelly Uello
The Planning and Environmental Connission neeting was called to
order at 3:2o p.m. by Diana Donovan, Chairperson.
Item No. 1: Approval of ninutes frorn APril 9. 1990 meetinq.
Diana Donovan felt there ldere some changes she needed to discuss
with Ton before approving the minutes.
A notion to table the minutes from the Aoril 9, 1990 was
made bv Jim Shearer and seconded bv Kathy Warren.
VOTE: 6-OINFAVOR
Iten No. 2:
Block 2, Lionsridae Filinq No. 3.Appticant: Pat Dauphinais. Dauphinais-Mose1ev
Construction.
Kristan Pritz explained that the applicant reguested to table tbe
itern until the next neeting.
l,lotion to table the itern until Mav 14, 1990 was made bv
Kathv Warren and seconded bv Jim Shearer.
VOTE: 6-OINFAVOR
A recruest for a final plat for a maior subdivision
and for sDD No. 22, a resubdivision of Lots 1-19.
Uike Mollica presented the project
was requesting two separate iterns:
explaining that the
a prelininary plan
applicantfor a rnaJor
'l
subdivision and a major amendrnent to sDD No. 15. Uike reviewed
iG ipp""priate crit6ria relating to the requests found within
tne nLino.- The staff recornmended-approval- of the pretininary plan
for the EIk Meadows subdivision and the amendment to sDD No. 16
wiitr c"naitions. The proposal basically followed the underlyS-ng
Residential CLuster zo-nin-g and Planned Unit Development zoning
originally approved by Eagle County.
Kathy l{arren askecl to see the previous plat- ttrat had been
afprbvea and inquired whether the small setbacks and roof
oilrhangs had bden addressed and Mike explained that all of the
;tiiiai;;, incLuding the overtrangs, was required to be within the
confines of the building envelope.
Kathy asked if the GRFA of the ernployee dwelling- units was in
aadition to ttre allowed GRFA and Uike answered that there nould
u. ro additiott"l GRFA, the emptoyee units would be included in
the 15,000 sg. ft. of GRFA allowed.
Ludwig Kurz felt there hrere many positive.points regarding the-
;;;;;"i.--se rled the reduction- in density. He also liked the
'aftinroent of the road the vay i!. was proposed, in order to
tie6"ttt" the meadow area as much as possible'
chuck crist asked lf there would be an additional tap fee- for the
"rpr"y"" unit and Mike explained that the tap fees would.be up to
tfr! aiscretion of the Upp-er Eagle Valley Water & Sanitation
District. Chuck also aiked if a home that included an empl'oyee
""ii-t""fa iequire covered parking and l*like explained tbat under
;;;;a-;"qoiJtiols covered- parkiig would indeed be required for
a home vith an emPloYee unit.
Kathy warren asked rphat the setbaclts were on the previously_
lppr-ovea plat and Mike explained ttrat they nere approxinately the
,1h". Xattry stated that since the setbacks were tlre same she
could approi" the project. rn addition, sbe wished to know how
iaaiii"i,i,l parking-wolta be handled and Kristan explained that-
there lrere no p.oii=iotrs for additional parking. Each home had a
n"roU",' "f par*ing "p"""r required relating to GRFA. AI1 reguired
pirii"g nnlt be 5n -sit". Xitny comrnented that she thought the
project illooked goodrr.
,fj.rn shearer had no major concerns with the project. He was also
concerned about itre pirfing but was more comfortable due to the
previous explanation bY Kristan.
connie Knight wished to clarify whether the Dauphinais
Sufaivisioi ernployee units were in addition to ttre allowed GRFA
ler tfr- SOo. i<ri'stan e:rplained that they were in addition to the
illowed GRFA of the nev 3Op Uut did not exceed the GRFA that
would have been applied with the underlying zoning'
Diana connented that the building envelopes shere not all the
sane size, yet the allosed GRFA per envelope was the same
throughout. She guestioned how this norked and Kristan explainedthat the variation in the size of the building envelopes would
present no problens building. chuck Crlst asked what the site
coverage was and Kristan explained that they were allowed tobuild on essentially the whole site wlth the exception of the
setbacks.
A motl-on for apnroval of the nrelininarv plan wlth
conditions per the staff nemo asJEollows was nade bv Kattrv
Warren and seconded bv cttuck Crist.
1. The developrnent of each building enveloPe will complvwith the rockfall mitiqation rePorts oreoared by
Nicholas Lampiris, Proiect Geolooist; and DonaLd G.
Pettvgrove. P.8.. Proiect Manaqer with Banner
Associates, Inc. such reports are dated Februarv 23'
1987, Februarv 25. 1987. June 12. 1987' June 15. 1987.
ilutv 22. 1987 and l,larch 12. 1990' and will be kept on
file in the Townrs ConmunitL Developnent offices. Each
individual lot owner will be responsible for couroleting
the hazard rnitiqation for their lot, per the above
narned reports. This restriction shall be noted on the
Final PIat.
VOTE: 6-OINFAVOR
A motion for a recontnendation to the Town Council for
aoproval of the nraior anendnent to SDD No. 15 with the
followinLconditions per the staff nemo was made bv Kathv
Itarren and seconded bv Llrdwis -Iqrrz-=
neet the criteria listed in Section V.8.2 of the staff
@no.-
That no portions of anv buildinq shall extend over the
buildino enveLope boundaries.
That approval of the ma'ior anendment to SDDIo. 16 be
continqent upon PEC approval of the Final Plat for the
subdivision.
1.
2.
3.
t JVOTE: 6-OINFAVOR
Iten No. 4:An apneal of a decision of the zoninqadministrator. pursuant to Section 1"8.66.03o of
the zonino code, regardinq the Townts definition
of rrsite coveraqerr (Section 18.04.360) .
specificallv as it relates to Lot 3X, Block 7.Vail Villaqe First Filino.Aoplicant: Jim Morter, for H. Ross Perot.
Irtike l.tollica explained that Jin l.torter was representing titr. H.
Ross Perot. Jim was appealing the decision of the staff
concerning the definition of rrsite coverage.!r The request
before the PEc centered around the Town of Vail Zoning Codedefinitions of Isite coveragerr and lBuilding.tr The applicantrsposition was that rrbecause the garage would be totally covered byexisting grades (the site over the garage will be taken back toits original grades and landscaped conditions), the garage was
not covering the site.rr The staff believed that the garage sas
indeed a building as defined in the code, the garage required newgrading and did not meet existing grades, and did not support the
applicantrs position that the garage should be considered as a
landscape feature. The staff coutd not support the applicant's
request and felt the garage should be included as site coverage
as defined in the Tol,ttnts zoning code.
Jirn llorter explained that he was not disagreeing with tbedefinition of I'building.rr He felt the garage was definitely abuilding. He was disagreeing with the definition of rrsite
coverage.'r Ile felt the building did not cover the site, the site
was covering the building. He also wished to point out thatcurrently there was no parking on the site. ff the appeal were
not granted, the only option would be on-grade parkj-ng and to
can/e into the site. He showed an elevation of how the cut wouldIook. The retaining wall would increase 14 to 19 feet. Jin
stated that regardless of the on-grade parking inplications' the
proposed garage would not cover the site. The site vould cover
the garage. Jim explained that ltr. Perot was offering to
landscape the area across the street where he presently parked on
the Townts property. The disagreement wasthe definition ofrrsite coverage. tl
Chuck Crist asked Mike if, in fact, according to Mikers
calculations, the proposed grades would not be exaetly asexisting, rather it would be 2t higher and Mike concurred. Jin
explained that they would be more than happy to bring the grade
UacX to the original height but he felt that if they ltere going
BANNEFI
April 12, 1990 ,ii ,,ii I it 1gg0
Bradley Tjossem
Post Office Box 2975
vail, co 81657
RE: Culvert Design Criteria
Dear Brad:
we have reviewed the hydraulic requirements relative to the
change fron lo-year to 25-year design storm.
The revisions cause the design flow to increase fron the 1o-
year flow of 2.O cfs to a 25-year flow of 3.3 cfs. This
will not require a change to the l-Brr diameter culvert,
however, because both flows are considerably below the
culverts capacity of 5.7 cfs.
Should you have any further questions or concerns, please do
not hesitate to calI.
Very truly yours,
BANNER ASSOCIATES, INC.
Donald G. Pettygrove, P.E
DGP/bg
file: IGRJ.9OO3. BLG]TJOSSEM. LET
Enclosure: Calculation Sheets
BANNER ASSOCTATES, INC. BANNER ASSOCTATES. tNC.
CONSUITING ENGINEERS & ARCHTTECTS CONSULTING ENGTNEEAS & ARCHITECIS
2777 CROSSROADS BOULEVARD SUTTE 6, 605 EAST MAIN
GRAND JUNCT|ON, CO 81506. l303't 243-2242 ASPEN, COLORADO 81611 . (303) 925-s857
TABLE 5. COMPUTATION SHEET FOR CIIART MEIHOO
l. Required Input
A = l.')
P . - ,.)
61,1 = --:ll-
2. Conpute Vo lurne of Runoff, Q
q = | , I Inches: Lise CiJ and P
Acres : Drainage Area
Years : Design Frequency (return Period)
Inches: Rainfall depth for 24-hour, T-year event
Average watershed slope
Runoff Curve Nunber < J'.
Cornputed By G''e\ --, Oate 4 lnl ? ,t
Checked By Date
t// i(_ -L-'i
rl,
.i9
:1,
d-:'
-;.
!il
(0ptional:
as inpur to Fig. 5
if adjustnent is not nade, set/J. Watershed Shapf Adj ustnent
EA=A) /,lHL= / feet :
E{ i _____l:_ Acre s :
HF= / :
I
Hydraul ic Length
Equivalent Drainage Area (use Fig. 10)
HF = A/EA
4. obtain Unit Peak Discharge, qu
QU = 3.0 cfs/inch Q : Use EA with Fig. ll
flat, moderate, and
5. Watershed SloPe InterPolation Factor, SF (OPtj.onal:
nade, set SF = f.0)
sF = l.d
6. Ponding and Swanp
is not nade, set^F
PPS =
[ocation
Design
PF=
(Sheet I, 2, and 3 for
steep slopes, respect ivel y)
if adjustnent is not
: Use Y and EA with Table 7
torage Adjustnent Factor, PF (OPtional: if adjustEent
= 1.0)
tr : \ of Ponds and Swanpy Area (Based on actual drainage
area A)
: Use PPS and T t{ith Table 6-a,
Upper Reaches (6-c)_
6-b, or 6-c.
8.
Peak Discharge QP, Calculation xith Adjustnents
o'= 9u.o I I'l-fi; 'T I ,.% , -{-L/. -t'+ ";r-.--
^
--j"-j---
'- ""-:j,-
^ jP 'r'-", n/. A.-^e .t, a '
tlodifications for Urbanization '. l'" , i. ,'^ '
' -/-L;'IMP = ? : Percentage of ImPervious Area (based on actual "
\
drainage area A) ]
IMPF = : Inpervious Area AdjustDent Factor (Fig' f2) |
Hua =
....'..'- t : Percentage of Hydreulic Length l'{odified I
Hl.l'lF =
-
: tlydraulic Length Modified Factor (Fig' 13) j
QPU = QP x IMPF x HLI'IF
=xx cfs
to
OIATEq
ilr"i'
'
PHoNE 476-3525A.APPLICANT
APPLICATION FOR
MAJOR SUBDIVISION REVIEl,l
(more than 4 lots)
Bradley and Susan TjossemNAME OF
mAnrne
NAME OF
MAILING
NAME OF
OI,JNER'S
MAILING
ADDRESS
APPL ICANT'S REPRESENTATIVE
75 Vai I . C0 81658
B.
c.
ADDRESS Vai I National Bank Buil dinq p1161E476-0092
PROPERTY
S IGNATURE
ADDRESS
0WNER (print or type)
Box 2975
Sus an
D. LOCATION OF
L0T5 l-5
PR0P0SAL El k I'leadows Subdi vi si on
LOTs
BLOC KS
BLOCKS
SUBDIVISION
SUBDIVISION
E.
-F.
FEE $t0o.0o pnro j\Ag\t, \*.N )-\tfA ri>\rq'\t\\
CONSULTATION REQUIRED
The first step is toin meeting submittal
request a meeting with the zoning administrator to assistrequirements and give the proposal a preliminary review.
G.
H.
INCLUDE a list of all adjacent property owners and their mailing addresses.
SUBMITTAL REQUIREMENTS, APPROVAL PROCESS, REVIEW CRITERIA
submittal requirements, review criteria and the approval process for majorsubdivisjons can be found in chapter 17..|6 of the subdivision Regulations.
ORDINANCE NO. L7
Series of 1990
o ''',0,t ./4
-f ' ,'o
W" Uote"
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 32
SERTES OF 1987, TO PROVIDE CHANGES TO SPECTAL DEVEIOPUnNT
DISTRICT NO. 15 THAT CONCERN A REDUCTION OF THE NI'I,TBER OF UNITS
PERMITTED' AD.N,STING THE GROSS FSSIDENTIAL FIPOR AREA PER UNIT'
E!,IPIPYEE DWELLING UNITS t AND ARCIiITECTURAL GUIDELINES AND SETTING
FORTH DETAII,S IN REGARD THERETO
WHEREAS, Chapter 18.40 of ttre VaiI Municipal Code authorizes
Special Development Districts within the Towni and
WHEREAS, the Town Council approved Ordinance No. 32, Series
of 1987 establishing Special Development District No. 15; and
WHEREAS, Brad and Susan Tjossen have requested to amend the
existing Special Development District No. 16' Elk Meadows, for a
certain parcel of property vithin the Town know as The Valley,
Phase III, part of Parcel A, Lionrs Ridge Subdivision, Filing No.
2; and
WHEREAS, there is an identified need for employee housing in
the community; and
}JHEREAS, the Town of Vail has not adopted fornal policies to
encourage the developrnent of enployee housing unitst and
WHEREAS, the Special Developrnent District provides for
creativity and flexibility to allow for the development of
employee housing; and
WHEREAS, the Town Planning staff and Planning and
Environmental commission has recommended that certain changes be
rnade in Special DeveloPment District No. 15t and
WHEREAS, the Town Council considers that it is reasonable,
appropriate, and beneficial to the Town and its citizens'
inhabitants, and vj-sitors to repeal and reenact ordinance No. 32,
Series of 1987 to provide for such changes in Special Development
District No. 16, Elk lleadows.
NOW THEREFORE, BE TT ORDAINED BY THE TOI{N COUNCIL OF THE
TOI{N OF VArL, COTORADO, THAT ORDTNANCE NO. 32, SERTES OF 1987, rS
HEREBY REPEALED AND REENACTED WITH N.TENDI.IENTS TO READ AS FOLIOWS:
Report.
The approval procedures prescribed in Chapter 18.40 of the Vail
Municipal Code have been fulfilled, and the Town council has
received the report of the Planning and EnvironmentaL Cornmission
recommending approval of the proposed development plan for
Special Development District No. 15.
,
Section 2. SpecLal Developrnent District No. 16.
Special Development District No. 16 (SDD 16) and the development
plan therefore, are hereby approved for the development of Phase
III, The Valley, part of Parcel A, Lionrs Ridge Subdivision
Filing No. 2, within the Town of Vail consisting of 3.6 acres.
Section 3. Purpose.
Speciat Development District 16 is established to ensure
courprehensive development and use of an area that will be
har:monious with the general character of the Town of VaiI. The
developnent is regarded as conplimentary to the Toriln, by the Town
Council, and meets alL design standards as set forth in Section
18.40 of the Municipal code. As stated in the staff memorandum
dated April 9, L99o, there are sigmificant aspects of Special
Development District 16 which are difficult to satisfy througtr
the imposition of the standards of the Residential Cluster zone
district. SDD No. 16 a1lows for greater flexibility in the
development of the land than would be possible under the current
zoning of the property. In order to help preserve the natural ,
scenic features of this site, building envelopes will be
established which designate the areas upon the site in which
development will occur. The establishment of these building
envelopes will also perroit the phasing of the development to
proceed according to each individual ownerts ability to construct
a residence. SDD No. 16 provides an appropriate developrnent plan
that maintains the unique character of this site, given the
difficult site constraints which must be addressed in the overall
design of the project.
Section 4. Development Plan.
A. The development plan for SDD No. 16 is approved and shall
constitute the plan for development within the Special
Development District. The developrnent plan is comPrised of
those plans subrnitted by Brad and susan Tjossem and consists
of the following documents, which wiII be finalized at the
najor subdivision final plat review:
1. Elk l,leadonrs Subdivision Phase III , The Valley,
Preliminary P1an, a resubdivision of part of Parcel A,
Lionsridge Subdivision, Filing No. 2, Eagle Valley
Engineering and Surveying, Mr. Dan Corcoranr sun/eyor.
2. Final DRB LandscaPe Plan, EIk Meadows, Phase III,
Dennis Anderson Associates, Februaty 26t 1990.
3. Prototlpical building design plans' Alpine Log Homes,
August 2L, 1989, sheets 1-6.
4. Environmental Impact Report subnitted by Mr. Peter
Jamar, Associates, Inc., Augtust 5, 1987r vhich Lncludes
the rockfall nitigation requirements. Such rockfall
reports are dated February 23' L987t Sebruary 25, L987'
June 12, L987, June 15, L987, July 22, L987 and March
L2, L99o, and witl be kept on file in the Townrs
Connunlty Developnent offl.ces.
5. other general submittal docunents that define tlre
development standards of the special Developnent
District, dated llarch 10, 1990.
B. The developnent plan sha1l adhere to the following:
1. Acreaoe: The total acreage of the site is 3.619 acres
2. Pernitted Uses: The permitted uses for the site are
proposed to be:
a. single fanily residential dwellings
b. Open space
c. Private roads
d. Enployee dwelling units as defined in Section 5,
paragraph C of this ordinance.
3. Conditional Usesl
a. Public utllity and public service uses
b. Public buildlngs, grounds and facilities
c. Public park and recreation facilities
4. Accessorv Uses:
a. Private greenhouses, tool sheds, playhouses'
attached garages or carports, swinning pools,
patios, or recreation facillties custonarily
incidental to single-fanily uses.
b. Home occupations, subject to issuance of a hone
occupation permit, in accordance with the
provisions of Sections 18.58.130 through
18 . 58. 190.
c. other uses custonarily inci.dental and accessory to
peruritted or conditional uses, and necessary for
the operation thereof.
d. Horse graztng, subject to the Lssuance of a horse
grazing pe:ruit, in accordance with the provisions
of Chapter 18.58.
5. Parcel- Acreaoes and Uses:
a. Building Envelopes: as set forth on the Fina1
Plat.
1. 0.095 acres' 1 single fanily dwelling unit +
one optional emPloYee unit.
2. 0.089 acres, 1 single fanily dwelling unit +
one optional eroPloYee unit.
3. O.O78 acres, 1 single fanily dwelling unit +
one optional enployee unit.
4. 0.093 acres, 1 single fanily dwelling unit +
one optional enployee unit.
5. 0.141 acres, 1 single faurily dwelling unit +
one optional enPloYee unit.
b. Tract Lz 2.5 acres, open space.
c. Tract 2z o.59 acres, private access road.
5. Setbacks - Mininun setbacks for the location of
structures in relation to building envelope perimeter
lines shall be as follows:
a. No structure shaIl be located on any easement as
so designated on the final plat of the
subdivision.
b. No structure shall be located less than two feet
from either the east or the west building envelope
perimeter line'
c. No structure shall be located less than three feet
fron the north building envelope perimeter line.
d. Notrdithstanding anything contained hereinabove to
the contrary, roof overhangs and decks may
encroach into the setback areas described in b and
c so long as such roof overhangs and decks are
totally within the perimeter lines of the building
envelope. No portion of tlre unitr decks, wall-s
etc. sha1l encroach beyond the building envelope.
7. Densitv: ApProval of this development plan shal'l
perurit five (5) singte farnily dwelling units, plus five
(5) optional eurployee dwelling units-
A minirnun of one (1) enployee dwelling unit gha.Ll be
constructed, and said enployee unit shall be a Part of
either the first unitrs or second unitrs building
pennit for the project. AII ernployee dwelling units
shall rneet the criteria listed in Section 5' c of this
ordinance.
8.
9.
A building situated on a single unit residential
building envelope shall not contain more than 3'200
aquare feet of GRFA.
Buildinq Heiqht: Bullding height shall not exceed 33
feet for a sloping roof.
Parking: Parking shal1 be as reguired in Section 18.52
of the Vail l,lunicipal code. At least one enclosed
parking space, per dwelling unit shall be required.
Each enployee dwelling unit shall have one enclosed
parking apace.
10. Landscapinq: The area of the site to be landscaped
slrall be as indicated on the prelirninary landscape
plan. A detaited landscape plan shall be subnitted to
the Design Review Board for thelr approval . The Design
Review Board approved final landscape plan shall
represent the subdivisionts general landscape
reguirements.
The entire portion of every building envelope, not
covered by pavernent or buildings, shall be landscaped
as well as any areas outside the building envelope
disturbed during construction.
11. Desion Guidelines: The Design Guidelines shall be
subnitted to the Design Review Board for their Fina1
approval . The pRB final design guidelines shall
represent the approved design guidelines. Design
gruidelines for SDD No. 16 are as follows:
a. Roof pitch shall be between 4 feet in 12 feet and
6 feet in 12 feet.
b. Roof material shall be Cedar shakes.
c. Siding material shall be either log or stucco with
J.og perlins, log railings, or other log members,
natural rock, or a conbination of the above, and
shall be applied horizontally as indicated on the
prototypical buildinq elevations. only llght
colored stain shall be applied to siding.
d. Either stucco or siding shall be applied to
exposed concrete foundation walls. If stucco is
utilized, it shall be light in color.
e. AII windows shall be white metal clad or ltood
windows. and will be I'divided lighttr style.
All roofs shall have overhangs of at least 1 foot
in order to protect walls and waII openings fron
rain and snow and to contribute to the buildingrs
character.
L2. Recreation Amenities Tax: The recreational anenities
tax shall be assessed at the rate for the Residential
Cluster zone district.
Protective Covenants: Prior to major subdivision final
plat approval , the developer shall fil-e protective
covenants on the land records of Eagle County which
will provide that each owner who builds a structure on
a designated building envelope shall cornply with the
design guidelines and rockfall rnitigation reguirements
as outlined by the EIR by Janar Associates August 5,
L987. Copies of the gruidelines and nitigation
reguirenents shall be availabLe at the Town of Vail'
Courmunity Development office.
The covenants sha1l also provide in regard to the
covenants dealing with design guidelines, rockfall
nitigation and enployee housing that the Town of vail
shall have the right to enforce the covenants and that
the covenants rnay not be amended or deleted without
Town of VaiJ- approval.
The protective covenants shall be approved by the Town
of Vail attorney, prior to najor subdivision final plat
approval .
Section 5. Conditions of Approval
A.Special Developrnent District No. 16 shall not be effective
until the najor subdivision is approved by the Planning and
Environmental coruoission and is recorded by the Town of Vail
at the Eagle County Clerk and Recorders Office.
The najor subdivision shall be recorded at the Eagle County
Clerk and Recorderrs Office before a building permit is
released for any construction on the subdivision including
conmon improvements as well as individual residences.
The development of Special Developroent District No. l-5 will
have impacts on the available enPloyee housing within the
Upper Eagle Valley Area. In order to help neet this
additional employee housing need, the developer of Special
f.
13
B.
c.
Developnent Dlstrict No. 16 shall provide employee housing
on site. The following restristions shall apply to all
employee dwelling units within SDD No. 16:
The developer shall build a uininum of one enployee dvelling
unit within the subdivision. Each enptoyee dwelling unit
shall have a nininun square footage of 4OO square feet, not
to exceed 5oo square feet, and is allowed to have a kitchen.
The developer nay provide up to 5 enployee dwellLng units,
includi.ng the 1 reguired dwelling unit, if so desired.
The employee dwelling units may be located on any of the
lots within the subdivision providing all the development
standards are met for each lot. Only one enployee dwelling
unit shall be allowed per lot. An enployee dwelling shall
be incorporated into the structure of the prinary residence
and shall not be allowed to be separated fron the prinary
unit. Each enployee dweJ-Iing unit shall have one enclosed
etarage parking space. This parking space shall not be
detached from the single-farnily garage or structure. The
employee dwelling unit shall be prohibited from having a
wood burning firepl.ace.
The enployee dwelling unit shall be restricted as a rental
enployee dwelling unit pernanently. The enployee dwelling
unit shall not be leased or rented for any period of less
than 3o consecutive days, and that if rented, it shall be
rented only to tenants who are full-tiure employees in the
Upper Eagle ValLey. The Upper Eagle Valley shall be deened
to include the Gore Valley, llinturn, Red Cliff, Gihnan'
Eagle-Vai1, and Avon and their surrounding areas. A full-
time employee is a person nho works an average of 3o hours
per week. An ernployee dwelling unit shall not be divided
into any form of tine-share, interval ownership' or
fractional fee ownership. The enployee dwelling unit shall
not be sold, transferred or conveyed separately frorn the
single fanily unit.
The owner of each enployee dwelling unit shall be reguired
to declare in writing, on an annual basis to the Town of
Vail , that the enployee dwelling unit has been rented as a
long tertn rental per the requirements outlined in this
section. This declaration shall include a written statement
o
D.
fron the orrner listing the renterrs nane, place of
enplolment, and length of tirne the unit sas rented. The
declaration shall be required to be signed by both the lot
owner and renter.
A declaration of covenants and restrictions shall be filed
on record in the office of the Eagle county Clerk and
Recorder in the forrtr approved by the Town Attorney, for the
benefit of the Tolrn, to ensure that the restrictions herein
shall run nith the land before a building pernit is released
for the construction of any enployee dwelling unit. The
Town of Vail shall be a party to this ernployee housing
agreement.
The developer and Town shall enter into a developerrs
agreement which shall. provide that no Final Plat for
subdivision shall be signed by the Totm unless security is
provided by the developer to ensure cornpletion of the
improvenents as designated in the applicantrs phasing plan
for the project, per tbe staff menorandum, dated April s,
1990, Section V, 9.
The architectural and landscape design guidelines shall be
incorporated into the subdivision covenants before the Fina1
Plat is recorded at the Eagle County Clerk and Recorderrs
office. The Town of Vail shal1 be party to these
agreements.
Section 6. Amendments
Amendments to SDD No. 16 shall follow the Procedures contained in
Section 18.40.100 of the Vail l'{unicipal Code.
Section 7. Expiration
The applicant must begin construction of the Special Developrnent
District within 3 years from the tiue of its final approval , and
continue diligently toward conpletion of the project- ff the
applicant does not begin and diligently work toward the
conpletion of the Special Development District or any stage of
the special Development District within the tirne llnits imposed
by the preceding subsection, the Planning and Environmental
Commission sha1l review the Special Development District. They
shall recomnend to the Town Council that either the approval of
the Special Developnent District be extended, that the approval
of the Special Developrnent District be revoked, or that the
Special Development District be amended.
E.
Section 8.
If any part, section, subsection, sentence' clause or phrase of
this ordinance is for any reason held to be invalJ.d, such
decision shall not affect tlre validity of the remaining portions
of this ordinance; and the Town council hereby declares it sould
have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that
any one or rnore parts, sections, subsectionsr sentences, clauses
or phrases be declared invalid.
Section 9.
The Town Council hereby finds, deternines and declares that this
ordinance is necessary and proper for the health, safety and
welfare of the Town of Vail and inhabitants thereof.
Section 10.
The repeal or the repeal and reenactnent of any provisions of the
Vail l{unicipal Code as provided in this ordinance shall not
affect any right which has accrued, any duty iroposed, any
vLolation that occurred prior to ttre effective date hereof, any
prosecution comnenced, nor any other action or proceeding as
comnenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 11.
All bylaws, orders, resolutions and ordinancesr or parts thereof,
inconsistent herewith are hereby repealed to the extent only of
such inconsistency. This repealer slrall not be construed to
revise any bylaw, order, resolution or ordinance' or part
thereof, heretofore repealed.
INTRODUCED, READ AND PASSED ON FIRST READING THIS
-
dAY Of
, 1990, and a public hearing shall be held on this
Ordinance on the day of , 1990 at 7:30 p.n.
in the Council chanbers of the vail Municipal Building, VaiI,
Colorado.
ordered published in full this
-
day of , 1990.
Kent R. Rose, lllayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND RIADING AND ORDERED
PUBLISTIED this
-
day of ,1990.
Kent R. Rose, l,layor
ATTEST:
Pamela A. Brandmeyer, To$tn Clerk
L0
oo
MINUTES
VAIL TOUN COUNCIL MEETING
MAY 1, 1990
7:30 P .14.
A regu'lar meeting of the Vail
p.m., in the Council Chambers
I,IEI4BERS PRESENT:(ent Rose, Mayor
Lynn Fritzlen
Jim Gibson
Merv Lapin
Robert LeVine
Peggy 0sterfoss
Ton Steinberg, Mayor Pro Tem
Charlie llick, Assistant Town filanager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
TI,IEMBERS ABSENT:
TO}IN OFFICIALS PRESENT:
The first item on the agenda was approval of minutes of the April 3 and 17, 1990,
neetings. Rob LeVine moved to approve the minutes as presented, with a second
coming from Lynn Fritzlen . A vote was taken and the vote passed unaninously 5-0.
At this point in the meeting Merv Lapin was absent.
Item number two was Citizen Participation. There being no Citizen Participation,
the council moved to item number three.
Item number three was an appeal of the Planning and Environmental Comnlssion
decisions regarding the redevelopment of the Red Lion building (Conditional use ,permit, Stream setback variance, Site coverage variance, and an Exterior
alteration). Kristan Pritz initiated the discussion by calling the Council's
attention to an April 27, 1990, memo from Community Development in regard to the
appeal of the Red Lion redevelopment approvals and Ordinance No. 16, Series of 1990.
She stated five separate motjons eventually wou'l d be made to deal with various
considerations before the council. To be considered prior to the reading of
Ordinance 16, 1990, were the fo'l lowing:
1. A site coverage variance to permit a .25 percent increase in thjs
property's site coverage. This request was approved by a Planning
Commission 6-1 vote. A motion to uphold or overturn this request wou'ld be
necessary.
2. A stream setback variance to allow a two foot encroachment into the
required thirty foot stream setback. This request was approved by a 6-1
Planning Conunission vote. A motion to uphold or overturn this request
would be necessary.
3. A conditiona'l use permit for an outdoor dining deck on the east side of the
Red Lion bui'l ding. This request v{as approved by a 7-0 P'l anning Comlssion
vote. A motion to upho'ld or overturn this request would be necessary.
4. An exterior a'lteration to add enclosed floor area to the Red L'ion
bui'ldjng. This request was approved by a 5-2 Planning Conmission vote,
with 11 conditions as outlined in the April 17, 1990, memorandum to the
Town Council. The council asked the app'licant to agree to a 12th condition
at the May lst meeting. The 12th condition to be added to this approval
would require the owner to pay an incrementa'l increase in parking fees that
may be established within two years from the time a building pernit is
issued for this project. A motion to uphold or overturn this request would
be necessary.
Itlerv Lapin arrived at 7:55 P.M.
Kristan further specified that if the Planning Commission's approva] of these four
reguests were to be upheld by the Town Council, the Council should conditlon their
approval upon the passage of Ordinance No. 16, Series of 1990, a modification of a
View Corridor #1 . Kristan stated that the PEC reconunended approval of the View
oo
Town Council was he'ld on Tuesday, May 1, 1990, at 7:30of the Vail Municipal Building.
t *
oo oo
Corridor amendment by a vote of 6-1 in favor, with two condjtions. She further
stated the Ordinance was approved by a 4-2 Council vote at the first reading inApril, and a motion to approve or deny 0rdinance No. 16, Series of 1990, with two
reconmended conditions as outlined in the April 17, 1990, memorandum, wou1 d be
requested. Kristan advised Council to focus on the appeal of the entire project in
cons'ideration of each of the variances and the condjtional use permit that were
being requested in order to complete the project.
The first area to be discussed was the exterior alteration review criteria.
Included in this was the discussion of the urban design guide plan and urban design
considerations which included the fo'l lowing: a: pedestriazation b: vehicular
penetrat'ion c: streetscape frarnework d: street enclosure e: street edge f:
building height g: views and foca'l point h: service and de'l ivery i: sun/shade j:
architectura'l and landscape consjderation. Al'l detai'l s were presented as described
in the March 19th, 1990, memorandum from Community Development to the Planning and
Environmental Commjssion. Information in regard to the Stream setback variance to
allow a two foot encroachment into the required thirty foot stream setback was
discussed next, with reference to the March 19, 1990, memorandum. Revlew criteria
for each variance and the conditional use permit were presented for Council
consi derati on .
The third item to be considered was a conditional use permit for an outdoor dining
deck on the east side of the Red Lion building. The fourth item was a site coverage
variance to allow for an entry on the east side of the Red Lion. Kristan explained
that at the PEC's regular meeting, April 9, 1990, approvals were given on those
items. PEC conditions of approval per the April 17th staff memo for the project
included: 1. As a part of this redevelopment, the applicants agree to point and
repair the brick wall along Bridge Street and in the area of the small Plaza to the
northwest corner of the site. Improvements to this Plaza may also include upgrading
existing benches, planters, newspaper box and trash receptacle locations and
landscaping. 2. The Streetscape improvements shown along Hanson Ranch Road are
considered conceptual and the applicants shall agree to work with the Staff and
l'linston & Associates in refining this design relative to the Vail Village
Streetscape P1an. Thjs condition shall also apply to the Plaza area referenced in
condjtion #1 and the landscape improvements proposed adjacent to ftlill Creek. 3.
All windows located on stucco walI plains shall be recessed a minimum of threejnches. 4. State-of-the-art venting shalI be used to reduce negative impact
(smetI, smoke, etc.) emanating from the site. 5. The owners,/developers of the
residentia'l development on this site shall agree to permanently restrict gross
residentia1 floor area (GRFA), building height and density on thjs site to what is
permitted by this approval . The Town of Vail shal1 be a party to this restriction
and the restri ction shall be recorded with the Clerk and Recorderrs 0ffice in Eagle
County. These restrictjons on GRFA density and height must be acceptable to the
Town Attorney as submitted by the owner and approved before recording. 6. Any
trees damaged or killed within two years of the completion of this project shall be
replaced with similar size and type tree. 7. The Red Lion logo shall be retajned
as a part of this redevelopment in approximately the same size and 'location. 8.
The developers/owners will be encouraged to participate in developing solutions to
traffic, loading, and delivery problems in Vail Vi1lage. 9. The Rekord (or other
type of window system instal 1ed) to the Red Lion Restaurant along Bridge Street'
shall remain totally opened during business hours between June 15 and September 15
of each year. These windows may be opened at any other time duril9 the year at the
discretion of the restaurant management. 10. The applicant shal'l complete
stream-bank stabi'l ization work on both sides of t4ill Creek over the entire length of
the Red Lion property. The final design and implementation of these improvements
shall be subject to review by the Staff and the Design Review Board. 11. The
owners shall agree to participate ln, and not remonstrate against, a Special
Improvement District, if and when one is formed in the Village. L2. The
owners/deve'l opers agree to pay any incrementa'l increase in parking fees that may be
established within two years from the time a building permit is issued for this
project. (This condition was accepted by the applicant's representative'_Jay
Petirson, at the previous Town Council evening meeting on April 17' 1990.) 13-
Approval of this exterior alteration, variances, and conditional use are contingent
upon the Council giv'ing final approval to 0rdinance No. 16, Series of 1990.
Kristan explained that the PEC a'l so recormended approva'l of the View Corridor
Ordinance with the following conditions:
1. That the photo depicting View Corridor No. 1 be nrodified to reflect the new
Red L'ion Building at a time when the expansion is completed. The
Cormission preferred this alternative as opposed to modjfying the'l ine that
de'l ineates the View Corridor.
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2. That the specific reasons justify'ing this request be included in the
preamble of the ord'inance authorizing this anendment.
At this point in the meeting discussion turned to item five rhich.yas Ordinance l{oj
',, 16, Series of 1990,-second.reading,.en 0rdinance anending 0rdinance t{0. 13, Series ('sf 1983, in order to aodify Vlew Corridor l{o. l; and setting forth details in
+egard thereto. ltlayor Rose read the title in full. Kristan stated the current
remodel falls within the height al'lowed in the zoning code and that Jeff l,linston had
stated that in coming up with the original View Corridors, the consideration was to
preserve the visual connection between the parking structure and the mountain and to
maintain the views of the mountain, the Clocktower, and the Rucksack Tower. It was
Jeff llinston's feeling that the line could have been drawn at the Go'lden Peak House
Ridge and the objective of this corridor would have been met. The proposed Red Lion
Ridge would not diminish any view of Vail l,lountain. In regard to the height of the
building, the applicants had provided a cross section of the Village from the
Parking Structure to the Golden Peak House. This was done to demonstrate whether
any other properties would encroach into the View Corridor, if they were redeveloped
within the forty-three foot height limit. Larry Eskwith djscussed whether the
nonconforming height of the Golden Peak House was lega1 and referenced 18.64.090
unden the zoning code, restorations. Also, Larry pointed out a section on
structures and site improvements and stated that a nonconforming use cannot become
more nonconforming through a remodel. However, the Golden Peak House could be bu'ilt
back to its existing height so long as the area of the roof that was nonconforming
was not increased in area or height through a remode'l . He stated that this decision
regarding the Red Lion would not create a problem.
Kent Rose stated he believed the amendment to the view corridor did not go against
the intent of the ordinance or the purpose of this specific view corridor. Rob
LeVine questioned Item No. 4 and the state-of-the-art venting on the roof and
received an explanation about the stacked chimney arrangement. Jay Peterson,
representing the applicants, Frankie and 0scar Tang, presented additional
information from individua'ls within the corrmunity. Jim Morter, acting as architect
for the project and Dan Corcoran, field engineer, spoke on behalf of the project,
with Dan Corcoran stating that as a PEC member at the time view corridors were first
discussed in the Town of Vail, he had discussed the process used in designations,
their history, and thejr intent. His opinion was that the intent of the view
corridor was being met. Further discussion from the audience included El la Knox and
Gordon Brittan, who spoke out against the granting of these variances, the
conditional use permit and the change or the modification in the view corridor
ordinance. Speaking for the project were Oscar Tang, Diana Donovan and Jack Curtin,
representing Mrs. Cort'l andt Hill.
At this time, Merv Lapin moved to uphold the Planning Connrission decision to allow
the exterior alteration based on the staff memorandum dated April 17, 1990' and
incorporating conditions 1 through 13 as previously stated, in his motion, with
amended conditions as follows:
1. Amend condition 5 to say this agreement sha'l I be submitted by the owner and
approved by the Town Attorney before a building permit ls released.
2. Amend condition # 8 to state if a central trash area is built in the
Village, the owners wou'ld agree to use the trash faci'l ity and "will be
encouraged" changed to t'wiI1 participate in.t'
3. Conditions # 12 and 13,as prevjously stated on page 2 of these mlnutes, are
i ncl uded.
4. Condition 14 was added to state, "The proposed additlon of the enc-losed
deck along Bridge Street wi1 'l have a glass roof and be as transparent as
possi bl e.
This motion was seconded by Peg Osterfoss, a vote was taken, and the motion passed
unanimously, 6-0 in favor.
In regard to the stream setback variance to allow a 2 foot encroachment into the
required 30 foot stream setback, Peggy 0sterfoss moved to grant this variance to
uphold the Planning Commission recommendation to approve, based on the fact this was
not granting special privilege, was not detrimental to the health, safety and
we'lfare of the community, and there were extraordinary circumstances in that the Red
Lion bui'lding is already located within the stream tract setback. Jim Gibson
seconded this motion. A vote was taken and the motion passed unanimously, 6-0.
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The third item to be considered was the site coverage variance on the east sjde of
the building. Rob LeVine moved to uphold the Planning Commission recommendation
based on the April 17, 1990, memo and based on findings that this did not grant
special privilege, it was not detrimenta'l or injuri ous to the pub'l ic, and there were
extraordinary c'i rcumstances that would warrant the granting of this motion. Peggy
0sterfoss seconded this motion and the motion passed 5 to 1, with Merv Lapin votjng
against that notion.
The last item to be discussed was the conditional use permit for an outdoor patio
to the building in Vail Village. Peggy Osterfoss moved to approve the conditjonal
use permit, stating al'l criterja in the staff memo of April 17, 1990, were met.
Merv Lapin seconded this motion. A vote was taken and the motion passed
unanimously,6-0.
At this time, Merv Lapin moved to place a further condition on each of the variances
and conditiona] use permit votes that had just been taken, stating that passage of
each of these were condjtional on passage of Ordinance 16, 1990. Peggy Osterfoss
seconded thjs motjon. A vote taken and the motion passed unanimously,6-0.
- trtem #4 on the,Council agenda was Ordinance #16, Series of 1990, a second reading
.. on the ordinance amending View Corridor #1. Peggy 0sterfoss moved to pass this- ordinance on second reading, with Rob LeVine seconding that motion. Peggy stated
the intent of the view corridor would be kept jntact by modifying View Corridor #1,
and adding, there is a provision in the 0rdinance for making minor changes to the
view corridor and that the change was not specifical ly for this project. A vote was
taken and the motion passed 4-2, with Merv Lapin and Jim Gibson voting against that
motion. The means for amending the ridge line is stipulated in 0rdinance No. 16,
Series of 1990, Section 1.
Given the late hour, a 10-minute break was taken.
The next item on the agenda was 0rdinance #17, Series of 1990, filst reading, an
ordinance repealing and reenacting 0rdjnance #32, Series of 1987, to provide changes
to Special Development District #16, that concern a reduction of the number of units
permitted, adjusting the gross residential floor area per unit, employee dwelling
units and architectural gu'i de1 ines, and setting fonth details in regard thereto.
Mayor Rose read the title in full. Mike Mollica handled the presentation on behalf
of the staff. He stated the Planning Commission on April 9, 1990, had unanimous'ly
recommended approval of the amendment to SDD #16 and had unanimously approved the
preliminary plan for the Elk Meadows Subdivision. Both were approved by vote 6-0.
The applicant's requests were as follows:
1. The current proposal is for a subdivision of the 3.6 acre parcel into five
building sites for enve'l opes. The envelopes would range in size from 3,397
square feet to 6,141 square feet and each envelope would be a'l 'l owed one
s'i ngle family dwelling plus one employee restricted rental unit as defined
in Section V,B,2 of the Apri 1 9th memo from Community Development Planning
Conmission. The remainder of the site would consist of ?5,700 square feet
for roadway and parking and 2.5 acres to be dedicated as open space'
2. The total gross residential floor area (GRFA) designated for Phase III in
The Val1ey is 16,000 square feet. This wou'l d allow each dwelling unit
within the project a maximum of 3200 square feet of GRFA.
3. Access to Lots 1 through 4 would be via a private 22 foot wide cormon
access drive off of Lion's Ridge Loop Road. This road is current'ly roughed
in p1ace. Access to lot 5 would be from an indivjdual driveway cut from
Lion's Ridge Loop Road. The jndividua'l driveway cut would minimize the
amount of asphalt paving 'in the open meadow'
Mike went on to discuss the background for this particular project as well as an
evaluation of the criteria for a major subdivision. He discussed Special
Development Djstrict review criteria and included the following items:
a. Reasons for an SDD zoning.
b. Design standards which include:
1. Design compatibi'l ity and sensitivity to the irmediate environment,
neighborhood and adjacent properties re1 ative to architectural design
scaie, building heights, buffer zones, identity, character' visual
integritY, and orientation.
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2. Uses, activity, and density, which provide a compat'ible, efficient,
and workable relationship w'ith surrounding uses and activity.
3. Compliance with parking and loading requirements as outlined in
Chapter 18.52.
4. Conformity with applicab'le elements of the Vail Comprehensive Plan
Town Policies and Urban Design Plans. Specifically, he stated the
Land Use Plan identjfies this parcel as one which is suitable for
medium density residential uses, a1 lowing from 3 to 14 dwelling units
per bu'i ldable acre.
5. Identification and mitigation of natural and/or geologic hazards that
affect the property on which this Special Development Distrlct js
proposed, further stating that the site is located within a high
severity rock fall zone and specifying the nitigation methods to be
used.
6. Site p1an, building design and location, and open space provisions
designed to produce a functiona'l deve'l opnent, responsive and sensitive
to natural features, vegetation and overall aesthetic quality of the
communi ty.
7. A circu'lation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
8. Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views, and
functi ons.
9. Phas'ing plan or subdivision plan that will maintain a workable,
functiona'l and efficient re'l ationship throughout the development of
the Specjal Development District.
He next compared the proposed SOD to undeilying residentia'l cluster zone districts
and went on to state that the staff recommendation was for approval of the
preliminary plan of a major subdivision and the revisions to SDD #16 for E1 k
Meadows. The staff recormendation for approval of this preliminary plan for the
major subdivision includes the following conditions:
1. The development of each building envelope will comply with the rockfa'll
mitigation reports prepared by Nicholas Lampires, project geologist and
Donald G. Pettygrove, P.E., project manager with Banner Associates, Inc.
Such reports are dated February 23, 1987, February 25, t987, June 12, 1987'
June 15, 1987, July 22, L987, and March 12, 1990, and wi1l be kept on file
in the Town's Corrnunity Development 0ffices. Each individual lot owner
wi'l 'l be responsible for conpleting the hazard mitigation for their 1ot per
the above-named reports. This restriction shalI be noted on the final
pl at.
2. The staff recommendation for approval of the major amendment to SDD #16
i ncl uded the fo1'l ow j ng condi ti ons:
a. That approval of this major amendment to SDD #16 be contingent upon
PEC approval of the final plat for the subdivision, and
b. That the developer construct a minimum of one (1) employee dwelling
unit and that said employee dwelling unit be a part of either the
first or second building permit for the proiect. All employee
dwelling units shall meet the criteria'l isted in Sections V,8,2 of
this nemo. No portion of the bui'lding may overlap the building
r €llvel ope.
Mike further stated prior to the recordation of the final p1at, a written agreement
between the Town and the subdivider will be required ln order to guarantee the
construction and maintenance of the proposed lmprovements. This agreenent shalI be
in accordance with Section 17.16.250 of the Town Subdivision Regulations, and
following discussion it was decided a'letter of cred'it wou1 d suffice. It was also
noted that in respect to SDD approvals the applicant must begin construction of the
Special Development District within three (3) years from the time of the proJect's
final approval , according to Section 18.40.120 of the Town of Vail Zoning Code.
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At this time, Rob Levine moved toFritzlen seconded that motion. A
this motion. At thjs point, Merv
There being no further business,
ATTEST:
Minutes taken by Pam Brandmeyer
oo
approve Ordinance #17, Series of 1990,
vote was taken and the vote was 5-0 in
Lapin had stepped out of the room.
this meeting was adjourned at 12:10 a.m.
Respectful ly submi tted,
and Lynn
favor of
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I
I AssocLatlon sball be eent certlfied nail , poetage prepatd, to the
address of the Association as designated in the bylars of the
Aesoclation.
15. EFFEST AND DI'RATION OF DECIARATION: lfhe conditl.ons,restrictlone, etipulations, obligations, agreenents and covenants
contal.ned hereLn shall be for the benefit of and bindlng upon
each and every part of the Subdivision and each Onner, hls heirs,personal representatives, Buccessors and assigns and ehallcontinue in full force and effect until Januar? 1 Ln the year
2007 A.D., and thereafter for succesEive perlods of 10 years
each, unleEe this lleclaration during any euch perlod isterninated, as provided hereinbelow, by recorded lnstrunentdirecting termination.
L7. AT.IENDI{ENTS: The condltions, restrictl,ons,etipulatlons, obligations, agreenents and covenants contaLnedherein shall not be abandoned, terninated or anended except byrritten consent of 75 percent of the Orrners and 75 percent of theFiret Lienors, except (i) that the provisions of Paragraph 6 and
subparagraph 9(a) nay be abandoned, terminated or anended only
upon euch approval of all Onners and all First LienorEi and (ii)that the provisions of Paragrapb 3 and subparagraphs {(a),4(i)(i), 4(i)(ii), 4(i)(iii) and 4(i)(iv) herein nay be
abandoned, teninated or .nended only upon obtalnLng theaddltional approval of the Toun of Vail .
18. EFFEgf OF PROVISIONS OF DECIARATION: Each provision ofthis Declaration and agreement, promlse, covenant, undertakLng to
conply with each provisLon of this tleclaration and any necesaaryexception or reserrration or grant of title, eetate, right orinterest to effectuate any provision of thie Declaratl.on: (i)shall be deemed incorlporated in each deed or other instnrnent byshlch any right, title or interest in any Bullding Envelope orTract is granted, devised or conveyed, whether or not set forthor referred to in such deed or other instnrnenti (ii) shall, byvirtue of acceptance of any right, tLtle or Lnterest Ln anyBuilding Envelope or Tract by an owner, be deened accepted,ratified, adopted and declared as a personal covenant of such
Owner and, as a perBonal covenant, shall be binding on such
Owner, his heire, personal representatives, Buccessore andassigns, and shall be deerned a personal covenant to, with and forthe benefit of the Assocl.ation and of each owneri and (iit) shall
be deened a real covenant by Declarant, for itself, lts
BucceEsore and assigns and also an equitable sernitude nrnning,in each caae, aE a burden with and upon the title to each andevery Buildlng Envelope and Tract.
19. ENFORCEUENT: In addition to any other rlghtE grantedherein, if any person shall violate or threaten to violate any ofthe proviEions of this Declaratl.on, Lt ehall be lawful for theAsEociation, the Coumittee or any ovner to institute proceedlngeat law or in equity to enforce the provlslons of thiEDeclaration, to restrain the person vlolatlng or threatenlnE tovlolate then, and to recover damages, actual and punltive, and
coBts together yith reasonable attorneyts fees for guch
violations.
20. CENERAL: (a) If any of the provisions of thieDeclaration or any paragraph, sentence, clause, phrase or rord,or the appllcation ttrereof in any circunstance be invalidated,
such Lnvalidlty shall not affect the validity of the remalnder ofthle Declaration, and the appticatlon of any such provisi-on,
paragraph, sentence, clause, phrase or word in any othercLrcunstances sball not be affected thereby.
(b) llhenever uEed herein, unleaE the context ehallotherrrise provide, tlre singrular nunber Ehall include the plural,
the plural the singular, and the uEe of any gender shall lncludeall genders.
13
EXACUTED effective as of
STATE OF COI'R,ADO
COI'NTY OF EAGLE
)
)
)
ss.
The fgregoing instrument was acknowJ.edged before ne this
day of (lr,at- , 1990, by Bradley R. Tjossen and SusanTjossen. U
9litness my hand and official seal .
Gcolhnnr tknanrer ilery pdblic
My conmission ex;rires: *fffiffiffi.ffi?rl#
_*L.
BradIe
Susan L. Tjossen
L4
COHEN CONSTRUCTIONn c.
To whoni it rnay concern,|",Vti 't4, l99C
Tiie follcwin': are estimated coSis icr Eli: i"ieado',,v3 Su5civi";cnia--^"^s^'i- -^^^3ment ior Bi^aC and Susan Tics-.en. Th;s is not a formalllllpr uvgi trllLS d,.,1| YYI trl lL I ur rJr g,.j 4r ru
bio oi pr0p0Eai,'but insieaC repre-qet^rts esiirna:ei cc:i: 0ase'i uoon all
available iniormation a'"'ihe ijnie oi',-his'oiiitin,l, anc iir irli op'inion,
acciraiely" represents the costs cf the listerj iierns a: ii'1s tlrne
Depeniii''c uoon ihe time ci actrual ccnsti^rat,oi^i ,::re3e;l=l'.-r3 rray cc3:
I rr- rn+n rh^ :iat.r-i arr+clll\Jl g, Ul 1trJ9, Lr ,Al I Ll ltr ; lJLg\l L\,/.] LJ.
1 r\^-i a-a^ a- ", -^-,n2'|f narrini': {:n R'1'1 '\n i-^'^ i-' 4^^-5 li^'
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eaS'i-w afi i0 i..riiiSi iul^, J.
? F'i ro hrrr',|rant $4,500.00 comolete instal lation,
Respectf ul ly subnr i ted,
6^f P-t"'
Guy Pzirker
Cohen Const. lnc.
p.o. Box 837 / VAIL, co 81658 / 303-476-467
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" PUBLIC NOTICE
NotrICE Is HEREBy GIVEN that the Planning and Environmental
Counission of the To$n of Vail slll hold a pubttc hearing Ln
accordance vith Section 18.66.050 of the rnunicipal code of the
Town of vail on April 9, 1990 at 3:oo p.n. ln the Town of Vail
ttuniclpal Buildlng. Consideratl.on of:
1. A reguest for an exterior alteratlon and a setbac* variance
for fhe Llfthouse lodge, located at Block 1, Tract c' site c
(555 East Lionshead Circle)
ApplLcant: Llfthouse Condoninl.un Association
2. A request for a final plat for a naJor Eubdivieion and for
sDD Nc. 22, a resubdivl.sion of LotE 1-19, Block 2,
Lionsridge Filing No. 3.Applicani: Pat Dauphinais, Dauphinal-s-Moseley constnrctlon.
3. A request for a side setback variance at Bighorn Terrace
unit #D-?, 4242 East colunbine WaY.Applicant: Kathryn Benystt
4. A request for a naJor subdivlsion and for a uajor amen'{tnent
to SOO No. 16 on a portion of Parcel A, Lionrs Ridge
Subdivision, Filing No. 2 (The valley - Phase IfI)
Applicant: Brad and susan Tjossern
5. A request for a conditional use for a L,earning center. Lab I'n
the lower level of the proposed parking structure at the
Vail Valley ltedical Cenler on Lots E and F, Vail Village 2nd
Filing (181 West l{eadow Drive).Applicant: Vail Val1ey Uedical center-
6. A reguest for a najor amendnent to fPecial Developnent
oistiict No. 7 (The l{arriott }tark) ln order to add 57
tfuneshare units and 8 enployee housing units.
Applicant: li[arriott corPoration.
7. A request for an exterior alteration, ttream setback
variince, view corridor anendment, site coverage variance,
and conditional uee for a deck enclosure and nerr outdoorpatio for the Red Lion Building.lpplicant: Frankie Tang and Landmark Properties
information about the proposalg are
inspection in the Conrnunity Developnent
The applications and
available for public
Departnent office.
Town of Vail
Connunity Development
Published in the Vail
Departuent
Trail on llarch 23, 1990.
Project Application
out" 5'/6'70
Proiect Name: -Z/ /r/ o
Proiect Description:
Contact Person and
Owner. Address and Phone:
Architect, Address and Phone:
Legal Description: Lot Block Filing Zone
-
Comments:
Design Review Board
Motion by:
ouru 5./b,7o
DISAPPROVAL
Seconded by:/' ^*4rt
5^o
Summary:
Town Planner E Statt Approval
o
7 :30
7:35
7:50
Kristan Pri tz
8:50
Kni stan Pritz
9:20
Mike Mollica
2.
?
VAIL TOhlN COUNCIL
REGULAR IVIEETING
TUESDAY, MAY 1, 1990
7:30 p.m.
EXPANDED AGENDA
Approval of Minutes of April 3 and 17, 1990 Meetings
CITIZEN PARTICIPATION
Appeal of Planning and Environmental Commission decisions
regarding the redevelopment of the Red L'i on Building
(conditional use permit, stream setback vari ance, site
coverage variance, and an exterior alteration) at 304 Bridge
Street, 'l ots e,f,g,h, Block S, VaiI ViIlage First Fi1ing.
Appf icants: Landmark Cormercial Development Company and
Retaserv Corporation.
Action Requested of Council: Uphold or overturn the PEC's
decisions.
Background Rationale: 0n April 9, the PEC approved a
conditional use perrnit (7-0), a stream setback variance
(6-1), a site coverage variance (6-1), and an exterior
altenation (5-2) in order to allow the redevelopment of the
Red Lion Building. This review was prompted by the appeal
of an adjacent property owner and the Council's recalI of
this proposal .
One additional condition requested by the Counci|, and
agreed to by the applicant, is as fo] lows:
The applicant agrees to pay any increase in the CCI parking
fee if said increase is rnade within two years from the
issuance of a bui'l ding permit for thjs project.
Staff Recommendationr Uohold the PEC decisions.
4. 0rdinance No. 16, Seri es of 1990, second reading, an
ordjnance amending View Corridor #1 as relating to the
redevelopment of the Red Lion Building at 304 Bridge Street,
Lots e,f,g,h, Block S, Vail Village First Filing.
App'l 'i cant: Retaserv Corporati on.
Action Requested of Counc'i 'l : Approve/modify/deny 0rdinance
No. 16, Series of 1990, on second reading.
Background Rationale: This is the second reading of this
ordinance. Refer to accompanying memos for background on
th'i s request.
Staff Recommendation: Approve Ordinance No. 16, Series of
@ing.
a request
of Parcel
Valley, Phase
Actjon Requested of Counci'l : _ Approve,/deny/modify Ordinance
No. 17, Series of 1990, on first reading.
Background Rationa'l e: The PEC, on Apri 1 9, 1990,
unanimou-1y recommended approva'l of the amendment to SDD No.
16, and unanimously approved the prel iminary plan for the
Elk Meadows Subdivjsion. Both were approved by votes of
6-0.
Staff Reconnnendation: Approve Ordinance No. 17, Series offfing.
9:45 6. Adi ournment
oFTmffi'r amendment to SDD No. 16 on por
Filing No.
INTEP.-DEPARTI'IENTAL REV I EI,I
P?.OJECT:
DATE SUEI,UTTED: 3, tz. ?O
C0|.'I'4ENTS tf EEDE0 B\: 3. Zt , ?o
BRIEF DESCRIPTION OF THE PROPOSAL:
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FIRE DEPA.RTI4ENT
Reviewed by:
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POLICE OEPARTI4ENT 7
Revier'red by:
Comnerrts:
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TO: Planning and Environmental Corn"rission
FRolt: Department of Cornrnunity Developnent
DATE: April 9, 1990
SUBJECT: A request for a major subdivision and for a najor
arnendment to sDD No. 15 on a portion of Parcel A,
Lionrs Ridge Subdivision, Filing No. 2 (The Valley -
Phase III)
Applicant: Erad and Susan Tjossen
I. DESCRIPTION OF THE REOUEST
The applicants are requesting a major amenduent to sDD No.
16 and a major subdivision for the Valley, Phase III, also
know as Elk lteadows. The reguests will require two PEC
decisions:
1. The review of a prelirninary plan for the najor
subdivision request.
2. The review of the SDD amendment request. The
recom:nendation of the PEC on the SDD will be forwarded
to Town Council for final review.
The applicantrs requests are summarized below:
1. The current proposal is for the subdivision of the 3.6
acre parcel into five building sites, or rrenvelopesrt.
The rrenvelopesrr would range in size from 3,397 sq. ft.
to 5rL41 sq. ft., and eacb envelope would be allowed
one single-family dwe1ling, plus one enployee-
restricted, rental unit as defined in section v'B'2 of
this merno. At a minimum' one of the five lots wiII berecruired to provide such a rental unit. The remainder
of the site would consist of 25'7oo sq. ft. for roadway
and parking, and 2.5 acres to be dedicated as open
space.
2. The total cross Residential Floor Area (GRFA)
designated for Phase flf in The Valley is ts,000 sq.
ft. This would allow each dwelling unit within the
project a maximum of 3200 sq. ft of GRFA.
3. Access to Lots 1-4 would be via a private,22t ttide
conmon access drive off of Lionsridge Loop Road. This
road is currently roughed-in place. Access to Lot 5
would be from an individual driveway cut fron
Lionsridge Loop Road. The individual driveway cut will
minimize the amount of asPhalt paving in the open
roeadow.
II.BACKGROUND
The Valley project was originally designed as a planned
deveJ-oprnent of 150 units on 61.2 acres. On July 26, L9731the Eagle County Cornrnissioners approved a preliminary plan
with a Planned Unit Development zone designation. The
approval of the prelininary plan was valid for three years.
fn July of 1976 the original prelininary plan approval
expired. However, the Planned Unit Development zone
designation remained on The Valley. The zone designation
for Phase III allowed for 1o dwelling units and a total GRFAof 16,O0O square feet.
The developer was required to resubmit a sketch plan andprelininary plan once the approval had expired. From the
Townrs planning files, it appears that several requests to
extend the approvals of the preliminary plan were granted by
the County Cornmissioners. In March of 1980, the PUD plan
and protective covenants were filed with the County. Once
again, this docurnent indicates that 10 units and a GRFA of
15,000 square feet exists for Phase III. In 1980, the West
Vail area hras annexed to the Town of Vail. The Toldn
accepted the 10 unit and 16,000 GRFA as the allowed
development for Phase III of The Valtey in March of 1981.
Subseguently, The Valley was de-annexed from the Town of
Vail and re-annexed in May of 1987. (Please see the
enclosed sunmary of events relating to The Valley Phase III
attached to this meno.)
The Tonnts information indicates that it is very clear that
Phase III is allowed 10 units and a GRF'A of l6rOOO square
feet. fn L981, the Town of Vail accepted the zoning of l-0
units and 15,oo0 square feet of GRFA as the development
standard for the property. ordinance 13 of 198L
acknowledges the land use restrictions of 10 units and
16,000 square feet of GRFA but states that, rrfor any zoning
purpose beyond the Eagle County Commissionersr approvals,
agreements, or actions, the development of parcels ofproperties specified in this subsection (E) shall be zoned
Residential Cluster. " For this reason, the Special
Development District has been compared to the underlying
zone district of Residential cluster which serves as a guide
for the development standards of this phase.
On July 7, L987, the Town Council approved Ordlnance No. L9,
Series of X987, which approved the development Plan for SDD
No. 16, Efk Ueadoets. NLne dwelling unita were apProved.
On Septenber 15, L987, the Town Council approved Ordinance
No. 32, Series of 1987, which anended sDD No. 16 by reducing
the project's density to seven' eingle-fanily dwelling
units. AII other aspects of the developnent renained the
same. Honever, the developer has failed to record a Final
Plat for the project.
IIT. EVALUATION OF CRITERTA FOR IiIA,.TOR SUBDIVTSION
The PEc review criteria for najor subdivisions are found in
Section L7.L6.110 of the Townrs Subdlvision regulations and
are as follows:
rrThe burden of proof shall rest with the applicant to
show that the application is in compliance with theintent and purposes of this chapter, the zoninq
ordinance, and other pertinent regulations that the PEc
deens applicable. Due consideration shall be given to
the recornmendations nade by public agencies, utility
conpanies, and other agencies consulted under Section
L7.16.090. The PEC shall review the application and
consider its appropriateness in regard to town policies
relating to subdivision control , densities proposed,
regulations, ordinances and resolutions, and other
applicable documents, environmental integrity, and
conpatibility with the surrounding land uses and other
applicable documents, effects on the aesthetics of the
town, environmental integrity and comPatibility with
the surrounding land uses.!r
A. Rrblic Acrencv and Utilltv Conpanv Reviews:
Notification has been mailed to the following
agencies, and as of this date no cornrrents have
been recelved by the Towns
1. upper Eagle Valtey Sanitation District.2. Public Service Company of Colorado3. Holy Cross Electric Association.4. Mountain Bell.5. Heritage Cablevision.5. National Forest Service.7. Conments fron the Town of Vail Public Works'
Fire and Police Departments have been
J.ncorporated into this neruo.
B. Relationship of Proposal to Town of Vail Policies:
Staff believes that the design of the subdivision
and the recornnendations nade in the environrnental
impact report will create a project that meets theintent of Vail's subdivision controls. Thedensity is actually J.ess than what was originally
approved for the site by fi.ve units.
The EIR states that the potential negative inpactsof the proposal include the rrvisual irnpacts and
impacts associated with the location of the sitewithin a rockfall hazard arearr (see attachedrockfall study). Staffrs opinion is that the
developer has designed a plan that protects the
open meadow area as nuch as possible, given thehigh severity rockfall hazard and slopeconstraints on tbe northern portion of the Iot.In addition, design guidelines are incorporatedinto the SDD zoning which will I'ensure
architectural and visual continuity with regard tobuilding design and materials.rt
The Public Works and Fire Departments have also
reviewed the request and the proposal neets their
standards as far as road design, drainage, fireprotection service and adequate fire truck turn-
around areas.
The staff finds that this proposal does neet the major
subdivision criteria and actually is a significant
improvement frorn the original sketch plan for Phase IIIthat was reviewed under the County in April of 1980, aswell as the existing SDn. The nain area of improvernentis the preservation of the prinary natural feature ofthe site--the large, open meadow. This has been
accomplished by proposing the building sites on the
north side of the access road.
IV. EWIRONIIENTAL II,IPACT REPORT
Staff did not require an additional environmental inpactreport for the ctranges requested. we believe that the
proposed changes do not necessitate a revised EfR. This is
based on the fact that the proposed development plan is very
similar to the development plan addressed in the original
EIR, the overall project density has been reduced to 5dwelling units, plus five optional employee units, and that
updated rockfall reports and drainage reports have been
inctuded in the new submittal information.
v.SPECIAL DEVEIPPUENT DISTRTCT REVIEI{
A. Reasons for SDD Zoning
The proposed SDD allows for greater flexibility in the
development of the land than would be possible under the
underlying zoning of the property. In order to help
preserive the natural scenic features of this site, building
envelopes will be established which designate the areas uponthe site ln which developnent will occur. The establishnentof these building envelopes will also pennit the phasing ofthe development to proceed according to each individual
ownerrs ability to construct a residence. staff believesthat the SDD provides an appropriate development plan that
maintains the unique character of this site given thedifficult site constraints which have been addressed in theoverall design of the project. (Please see Section vI ,which relates the proposal to the underlying Residentialcluster zone district. )
B. Desion Standards
Section 18.40.080 of the Townrs zoning code lists nine
development standards that a proposed SDD developrnent plan
nust comply with. The purpose of the review is to show how
the development meets the standards or to demonstrate thateither one or more of them is not applicable, or that apractical solution consistent with the public interest has
been achieved. The design standards are listed belon:
1. Desion connatibility and sensitivitv to the imnediate
environrnent, neighborhood and adiacent nroPertiesrelative to architectural design. scale, bulk, building
heicrht, buffer zones, identitv. character. visual
intecrritv and orientation.
The proposed SDD is actually nuch improved in respectto overall design and density of the project. Although
the general site layout is sinilar to the previous SDD'
the lot sizes are slightly larger than originally
proposed, and the density has been reduced fron 7 units
down to 5 dwelling units. It should be noted that eachof the five dwelling units would have the abiJ.ity to
add one employee, rental unit and that even if everylot included an enployee unit the project will not
exceed ttre 10 unit density maxinun.
Previous ProposedSDD SDD
Lot 1 0.0647 Acres 0.095 Acres
LaE 2 0.0517 Acres 0.089 AcresLot 3 O.O534 Acres 0.078 Acres
L,ot 4 O. 0483 Acres O. o93 Acres
Lot 5 O.O929 Acres 0.141 Acres
L'ot 6 0.0641 Acres 0.496 AcresL€t 7 0.0498 Acres
O.4349 Acres
The developer is also including specific architecturalguidelines for the sDD (see attached). The guidelines
trave been reviewed by the Deslgn Review Board and have
recel.ved conceptual approval . The design guidelines
will ensure consistency in the use of building
materials, roof forms, general colors and landscaping.
The northern property line of Phase III is
approximately 25 feet from the edge of the pavement of
Lionsridge Loop. llany of the existing trees in this
area will remain. However, approxinately 2 dozen trees
wilt be removed. Staff's opinion is that this areaprovides an adeguate buffer on the northern portion of
the project. Phase I to the east provides access to
units directly off of Lionsridge Loop. Staff prefers
maintaining the public right-of-way in its natural
state, as opposed to having paved access and parking
areas adjacent to Lionsridge Loop. It should be noted
that this speciat Development District will require
that no structure be located less than 3 feet fron the
northern perimeter line of the building enveloPes' nor
less than 2 feet frorn the east and west building
envelope perimeter lines.
On the east side of Phase III, the nearest building,
The Valley Condoniniums, is 190 feet from the
easternmost building envelope.
on the west property lines for Plrase IIf, approxinately
25 feet of open space is naintained between the
building envel.ope and the western property line.
No lots or structures are proposed on the south
hillside of the project. This area is to be designated
as open space.
Uses, activitv and densitv which provide a conpatible'
efficient and workable relationshio with surroundi.ncr
uses and activitv.
The proposed SDD amendments are essentially sinilar to
the previous sDD with regard to uses, activity and the
relationship with surrounding uses. The pernitted uses
for Lots 1-5 are linited to single-fanily residential
dwellings, with an optional enployee, rental unit and
customary accessory uses.
The najor amendnent to this SDD is the applicantrs
request for a reduction in the projectrs density.
Staff is very supportive of the request to reduce the
density down to five dwelling units. we believe that
such a reduction will have a positive impact on the
neighborhood.
In order to assist in the additional employee housing
need in VaiI, the developer has agreed to provide .9!!g
emptoyee dwelling unit within this subdivision. The
developer nay provide up to five employee dwelling
units, including the one required dwelling unit, if so
desired. Enployee units shall rneet the following
criteria:
Eacb enployee dwelling unit shal1 have a minimum
square footage of 400 square feet not to exceed
5OO square feet and is allowed to have a kitchen.
The number of employee units shall. be listed under
the allowable density section for Special
Development District No. 16. GRFA for the
ernployee dwelling units will cone out of the total
enia ior the project. No additionat GRFA is
reguested to allow for the ernployee units.
The employee dwelling units may be located on any
of the tots within the subdivision providing alI
the development standards are met for each lot.
only one employee dwelling unit shall be allowed
per lot. An ernployee dwelling shall be
incorporated into the structure of the prinary
residence and shall not be allowed to be separated
from the prirnary unit. Each enPloyee dwelling
unit shall have one enclosed garage parking sPace.
This parking space sball not be detached from the
single-family garage or structure. The employee
dwelling unit shall be prohibited from having a
wood burning fireplace.
3.
The employee dwelling unit shall be restricted asa rental ernpJ.oyee dwelling unit perrnanently. The
employee dwelling unit shall not be leased orrented for any perJ.od of less tban 30 consecutive
days, and that if rented, it shall be rented onlyto tenants nho are full-tine enployees in the
Upper Eagle Val1ey. The Upper Eagle Valley shall
be deemed to lnclude the Gore VaIIey, Minturn, Redcliff. Gilman, Eagle-Vail , and Avon and their
surrounding areas. A full-tine enployee is aperson who works an average of 3O hours per week.
An eraployee dwelling unit shall not be dividedinto any form of time-share, interval ownership,or fractional fee ownership. The employeedwelling unit shall not be sold, transferred or
conveyed separately fron the single fanily unit.
The owner of each enployee dwelling unit shall be
required to declare in writing on an annual basisto the Town of Vail that the employee dwelling
unit has been rented as a long term rental per the
requirements outlined in this section. This
declaration shall include a written statement frornthe owner listing the renterrs name, place of
eurployrnent, and length of tirne the unit wasrented. The declaration shall be required to be
signed by both the 1ot owner and renter.
A declaration of covenants and restrictions shall
be filed on record in the office of the Eagle
County Clerk and Recorder in the form approved by
the Town Attorney for the benefit of the Town to
ensure that the restrictions herein shall run with
the land before a building pennit is released for
the construction of any employee dwelling unit.
The Tolrn of Vail shall be a party to this employee
housing agreement.
Comnliance with parkinq and foadinq recruirements as
outlined in Chapter 18.52.
All parking reguirements will meet tlre Townrs
standards, as outlined in Section 18.52 of the zoning
code. This includes the reguired parking for the
employee units.
4.Confornity with applicabl.e elenents of the Vail
comprehensive PIan, Town Pollcies and Urban Design
Plans.
The Land Use PIan identifies this parcel as one which
is suitable for rnedium densitv residential uses.
llediurn Density Residential is defined in the Land Use
Plan as follows:
rrThe nediun density residential category includes
housing which would tlpically be designed as
attached units vith conmon walls. Densitles in
this category would range fron 3 to 14 dwelling
units per buiLdable acre. Additional tlpes of
uses in this category would include prlvate
rebreation facilities, private parking facilities
and institutional,/public uses such as parks and
open space, churches, and flre stations. rl
The foltowing are the applicable land use policies
regrarding this proposal:
1.6: Developnent proposals on the hillsides
Ehould be evaluated on a case by case basis.
Linited developnent may be pernitted for some low
intensity uses in areas that are not highJ.y
visible fron the valley floor. New projects
should be carefully controlled and developed with
sensitivity to the environment.
5.1: Additional resj.dential growth should
continue to occur priurarily in existing, platted
areas and as appropriate in nes areas where high
hazards do not exist.
5.3: Affordable employee housing should be made
available through private efforts, assisted by,
Iinited incentives, provided by the Town of Vail,
with appropriate restrictions.
5.4: Residential growth should keep pace with the
market place denand for a full range of housing
types.
5.5: The existing ernployee housing base should be
preserved and upgraded. Additional enployee
Irousing needs should be acconmodated at varied
sites throughout the conmunitY.
The proposal complies with the above policies-
5.fdentification and rnitiqation of natural and/orqeolooic hazards that affect the propertv on which the
special development district is proposed.
This site is located within a rrhigh severity rockfallrl
zone, as shown on the 1984 Rockfall Study Maps and as
adopted by the Tonn. The applicant has had geoLogic
studies conpleted and the results of such are listed
below:
Study by Donald c. Pettygrove, PE. t Project
![anager with Banner Associates, Inc. (2/23/87)
Mitigation methods:
The structures should be situated so that at
least six vertical feet of wall is exposed on
the uphill side. The exposed face should be
designed (preferably of reinforced concrete
integral with the foundation) such that it is
capable of withstanding a force of not less
than 2000 pounds applied over an area of
approxirnately two square feet. The face of
the wal.l should be protected, as before, with
6 inch tirnbers for irnpact absorption and
replacernent. The design of these etalls
should be sirnilar to those shown in ny letter
of JuIy 3, 1986.
All other areas with uphill exposures should
be designed to withstand a 2000 pound force
as well. No windows should be placed in
walls with uphill exposures. It should be
understood that there exists the possibility
that falling rocks could irnpact Lionrs Ridge
Loop Road above and be launched into the air
sufficiently to impact roof areas, although
the probabilities of such an impact are
significantly lower than those which will
iropact the nall.
Insofar as possibJ.e, it is recommended that
rooms with the greatest occupancy be located
away from the upper stories and to the
downhill side. A terraced floor arrangement
appears to fit guite well at this site and
will blend into the side of the hill better
while providing Less cost through reduced
excavation. A layout of this type will also
provide for maxirnum southern exposure to take
advantage of solar heat gain.
A.
1.
2.
3.
t0
6.
B. Study update by Donald G. Pettygrove (3/L2/9ol
rrAs a result of computer simulations, we believe
that our original reconrnendations are basically
sound but the inpact force should be increased to
4, OOO pounds. rl
The development of each building envelope, or lot, will
need to conpJ.y with the design recomnendations cited by
Mr. Pettygrove concerning design nitigations for
rockfall hazards. Each individual lot orrner wiII be
responsible for completing the rockfall roitigation
measures. The nitigation measures will be reviewed at
tbe tirne of building perrnit for each lot. This
requirement will also be stated on the Final Plat.
Site p1an, buildinq design and location and oDen spaceprovisions desiqned to produce a functional developnent
responsive and sensitive to natural features,
veqetation and overall aesthetic quality of the
cornnuni-ty.
The applicant has made a strong effort to preserve the
open meadow area and the wooded hillside as open sPace.
In fact, over 698 of the site will be designated open
space. Staff supports the site plan design as we
believe the layout of the lots and the access road wiII
preserve the most significant features of the site.
A circulation svsten desiqned for both vehicles andpedestrians addressinq on and off-site traffic
circulation.
The access drive has been designed to adeguately serve
the traffic needs of the development. The project
meets Fire Departnent and Public lilorks' design
standards. Staff believes that a project of this s|ze,
and in this location, does not require a separate
pedestrian circulation systen.
Functional and aesthetic landscapinct and open space in
order to optirnize and preserve natural features'
recreation. views and functions.
Although a review of the specific landscaping for each
lot wiII occur at the Design Review Board level' a
conceptual landscape design has been included in the
design guidelines for the project.
8.
11
Landscaping will be strictly controlled by the
Homeownersr Association as wel.l. as the Vail oesign
Review Board. Prior to review by the Vail DRB, each
lot owner shall first obtain approval from ttre
Homeownerrs Association. Landscape provisions have
been included ln the proposed covenants and are as
follows:
The concern of the Cornmittee (Homeownerrs
Cornrnittee) shal1 be to improve the natural
appearance of the subdivision and the naintenance
of such appearance. owners and their
representatives or builders will be required to:
a. Mininize disruption fron grading.
b. Revegetate and restore ground cover for
erosion and appearance reasons.
c. Use indigenous species of plant naterials as
estabtished by the Couurittee.
d. select the man-made elernents that blend and
are compatible with the land.
e. Use existing or natural drainage paths
whenever possible.
f. conserve and protect topsoil, rock fornations
and unigue landscaPe features.
S. Sod such areas as determined by the
Committee.
9. Phasinq pfan or subdivision ptan that will rnaintain a
workable. functional and efficient relationship
throughout the development of the specj-al development
district.
Elk Meadows subdivision is proposed to be developed in
two phases, as follows:
Phase I - The construction of a single faurily home on
Lot 4. Improvements include the installation of one
fire hydrant and the paving of the access road to Lot
4. The rernainder of the access road will be covered
with top soil and reseeded.
L2
Phase II - The market will dictate completion of this
phase. Hoelever, with ttre first building permit in
Fhase II the developer has agreed to install a required
second fire hydrant, and to build and pave the
extension of the access road (including fire-truck turn
around) .
VI. PROPOSED SDD TN COMPARISON WITH I'NDERLYING RESIDENTIAL
CLUSTER ZONE DISTRICT
The proposed sDD varies only slightly fron the underlying
Residential Cluster zone district. Due to the fact that
building envelopes are being used as opposed to lots, it is
difficult to cornpare the SDD to Residential Cluster zoning
in respect to lot size. The density is actually five
dwelling units less than what would be alloned under the
original approval and does not exceed the original density
of 1O units if the employee units are counted towards
density. Site coverage is also difficult to coropare in that
the building envelopes will be covered by buildings, but to
lrhat degree the coverage will occur is impossible to
deternine until the units are constructed.
However, staff believes that there is adequate open space
around the building envelopes to rnaintain an aesthetically
pleasing amount of open space and separation among the
units. The mininurn separation between building envelopes is
35r. Setbacks also vary from those that are required in a
Residential cluster zone district. The separation among the
building envelopes varies from 18 feet to 21 feet. Staff
believes that this separation provides adequate sPace
between the units. A11 other developrnent standards neet the
underlying zone district requireroents for the Residential
cluster zone district.
PROPOSED SDD
PERMITTED USES:
RES CLUSTER
-Single-fanilyres. dwellings.
-Trro-fanily res.
dwellings.
-uultipIe-fanilyres. dwellings,
v/ no nore than
4 unitsr/bldg.
-Single-fanily residential dwellings.
-optional ernployee dwelling unit/building envelope.
13
LOT srzE: Lot 1 :4,138 s.f. - single fanily lot
Lot 2 = 3,877 s.f . - single farrily lot
Lot 3 = 3,398 s.f. - single fanily lot
Lot 4 = 4,051 s.f. - single fanily lot
Lot 5 = 6.L42 s.f. - single fanily lot
2L,606 s.f. Total for building envelopes
L5,000 s.f.,
containing
no less than
8,000 s.f. of
buildable area
front = 2Ol
side = 151rear = 151
33' sloping roof30r flat roof
25t of site
10 dwellingunits per
annexation
agreement.
608 of site
shall be
landscaped.
Reguires at
least 1
enclosed spaceper dwellingunit.
HEIGHT:
SETBACKS:
SITE covERAGE: no standard for bldg envelopes
16, ooo s. f . or 3200 s. f . per buildins envelope. 1fu393.?;:. o"t
agreement.
DENSTTY: 5 dwelling units + 5 employee dwelling units.
East & West sides = 2r from bldg envelope }ine
North side = 3t fron bldg envelope line
33' sloping roof3or for flat roof does not apply as designguidelines requires sloping roof
LANDSCAPING: Tract Li 2.5 acres vil1 be dedicated open
spacet or 69t of the total site.
PARKING: At least one encl.osed parking sPace, per
dwetling unit, will be Provided.
VII. STAFF RECOMMENDATION
The Departrnent of Community Development reconnends approval
of the prelininary plan for the rnajor subdivision and the
revisions to sDD No. l-6 for Elk Meadows. Staff believes
that the request meets the intent of the urajor subdivision
regulations and special developrnent districtrs review
criteria. The proposal basically follows the underlying
Residential Cluster zoning and Planned Unit Development
zoning originally apProved under Eagle County.
I
L4
A) The staff reconmendation for approval of the
prelininary plan for the najor subdivision includes the
following qondition:
1. The developnent of each building envelope will
comply with the rockfall uitigation reports
prepaied by Nicholas Lampires, Project Geologist,
and Donald G. Pettygrove' P.8., Project llanager
with Banner Associates, Inc. Such reports are
dated February 23, L987, February 25, 1987, June
L2, L987, June 15' L987, JIJLY 22, 1987 and Uarch
L2, 1990' and will be kept on file in the Townrs
Cornmunity Development offices. Each individual
lot owner will be responsible for conpleting the
hazard uitigation for their lot' per the above
named reports. This restriction shall be noted on
the Final Plat.
B) The staff recomnendation for approval of the najor
amendment to sDD No. 16 includes the following
condition:
1. That approval of this rnajor amendnent to sDD No.
16 be contingent upon PEc aPproval of the Final
Plat for the subdivision.
2. That the developer construct a minimum of one
employee dwelling unit, and that said employee
dwelling unit be a part of either the first or
second building perrnit for the project. All
ernployee dwelling units shalI neet the criteria
listed in Section V,Br2 of this memo.
*For infonnation purposes, the staff would fike to note that the
rnajor subdivision regulations require the conpletion of general
irnprovements for the subdivision as outlined in Section 17.16.150
to be installed within three years of the date of PEc approval or
the plat shall become instantly invalid. A11 right to improve or
develop the property on the part of the owner or subdivider shaLl
thereb! Ue refinguisnea. This requirement is stated in Section
17.16.fs0 of the Vail Subdivision Regrulations.
Prior to the recordation of the Final Plat, a written agreement
between the Town and ttre subdivider wiII be reguired in order to
guarantee the construction and naintenance of the proposed
inprovernents. This agreenent shall be in accordance with Section
L7-.L6.250 of the Townrs Subdivision Regiulations.
It shall also be noted that in respect to SDD approvals, the
applicant must begin construction of the Special_DeveloPment
oiltrict within 3 years fron the tirne of the project's final
approval according-to Section 18.40.120 of the Town of vail
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ARCHITECTURAL GUIDELINES
To accomplish this goal, the owner has developed a protypical
building design as well as specific design guidelines for the site.
The owner's intent is that these guidelines be adopted as a
condition of approval and that they be utilized along with the
Town of Vail Design Review Guidelines to provide the necessary
visual continuity necessary to provide both existing and future
residents of The Valley with a pleasing visual experience.
A Homeowner's Association will be formed and, along with the
Town of Vai'l , will be responsible for enforcing these Design
Guidelines. A copy of the Declaration of Protective Covenants
for the Subdivision are contained wjth the Appendices of this
Report,
The pr''ototypical building s'i te plan and building eievations are
shown in the Appendix. The Design Guidelines are proposed to
be as follows:
1. Roof pitch shall be between 4 feet in 12 feet and 6
feet in 12 feet.
2. Roof material sha'l I be Cedar Shakes.
3. Siding naterial shall be either log or stucco with log
perlins, log railing, or other log netnbers, ndtural rock,
or a combination of the above and shall be applied hori-
zontally as indicated on the proEotypical building
elevations. Only light colored stain shall be applied
to siding.
4- Either stucco or siding shall be applied to exposed
concrete foundation walls. If stucco is utjlized it shall
be light in color.
5. All windows shall be white rnetal clad or wood windows,
and wilI be "divided light" sty'le.
6. Al I roofs shal l have overh.rngs of at least 1 foot in order
to protect walls and wa1l openings frotn rain and snow and
to contribute to the building's character.
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March 12, 1990
Donald G. Pettygrove, P'E
DGP/bg
f lle: IGRJ.9o03 ' BLGJ'I'JoSsEM' LIiT
Enclosure
BANNTR ASSOCIATES, NC.
CONSTLITNG ENGTNEERS & ARCHMfCTS
27?7 CROSSROADS BOULEVARD
GRAND JUNCTXIN, CO 8lsD6. (3C'31 21!-22'12
o
AN NER
Mr. Brad),eY Tjossen
Post offlce Box 2975
Vall, CO 81657
RE: Elk Meadows Subdivlsion
Geologlc Hazard Mitlgation
BAI Job No. 8095-05'01
Dear Brad:
Inresponsetoyolrrrequest.forreviewofot|rreeonmondaElonsi;"';;;r;gIc-rioioio iriigiiron, He havcr reviev,ed our orlslnal
work an<l ln a,ldttiqn have performed a conput-er rockfall
slnulatlon analyslo usi'ng CRSP (Colorado Rockfall Slrnulal"lon
Prosranr) whlctr wus Jiuuf"pna Uy t'tre color:ado Departnenl of
ii;f,;"t; and colorado schooL of Hinec'
ThisconPutersofb.r.larev,asnot:availab}ewhen.weperformedour origlnal anafysls, however,. we believe it ls Prudent' to
check past analysis witn the ].:test etaLe-of-the-art nethods
when aiforded the opporLuni.ty'
As a result of these conputer slrnulations' we belleve that
our origlnal recoltnendations are basically sound but the
lmpact force sboJie be lncreased to 4'oob pounds' Thtc
:;i5;i; uJ- ippr t"<! to- an area of approxirnarely rlro Equare
feet.
Theatbacheddrawlnghasbeenln.cluderlforinformatlonelnceonly the inpact force has cfranged'
If you have any guestions, please fee] free to call'
very truly Yours'
Uo.t'ng lasOClAtES. NC
corustnrrxc EtGlNr.E tS & AFcHnEcrs
SUne t. 61)3 FJSI t'LA0{
nit;e'v.'cCl-onnDo 816ll . (3)$ 923'5837
BANNER
E}ANNEFI
July 22. 1987
Mr. Michael Lauterbach
P.O. Box 3451Vai1, CO 81658
Re: E1k lteadows Subdivision
BAr #8095-05
Dear Mj.ke.
I have enclosed a reproducable mylar of the drainage plan foryour project with the change made from 'PreJ.iminary" to "Finaln,as requested.
with regard to your question about the building configuration
above the l2-foot heightr the structure above that leve1 may be
vertical wa11, pitched roof or other construction. ft real1y
doesn't matter what is above the 12-foot 1eve1 from the aspect of
hazard mitigation. Windows are acceptable above that Ievel as
wel1.
It must be remembered that aLl of the hazard rnitigation is based
on a reasonabLe level of protection against the probability of an
event occurling. The probabilities are low so the leve1 of
protection can be conmensurately low also. If the design were to
protect absol"utely agaj.nst all possible events, it would be
prohibitive to build at this site, as it would be in al1 of the
mountai,ns.
Should you have any questions, plear:e feel free to ca1l.
Sincerely,
\-----trab;+-
Donald G. Pettygrovef P.,E.
DGP/r]-g
Enclosure
BANNER ASSOCIATES. INC.
CONSULTTNG ENGINEERS & ARCHITECTS
2777 CROSSROADS EOULEVARD
GR^ND JUNCTION, Co 8t506 . (3o3't ?43'2242
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Jutrie 1B, 1987
t'l i th.re1 .'l . L.lut-€lr-tr.1al\
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F.E: El t,: l'lead or'rg Sutbdi'.'rei.c,ri [tt:i:: l':f .rl ]
I e *r l'1t-LauterLta!:l-r:
In response to trne of the i. s:;lte-g rai=-eC in tt're Collins
letter, I feel .zery com.f ortaLrl e Hith hs.-,ing no mitigation {or
potential rocllf al1 into trc,mmon i open gpace at-ea5 r"rithin the'
proposeddeveloprnr:nt.l.ypica.111'z.l:|rl'lntf:nto.fopenJ't.e:1!;.
as l onct as there at-g no pL?l-ntan€-'n*- c:onintutni ty str-ttctrtrel= gt-tch
.rg of {ice's or rneeti nq pl ac.:5,r i:; tr: provi' dr: =-pace {or qr;'vi' ty
re.l "if_ecj geoloqll. c prlrenonicn--( lo r.:.:l..tt- r,ri.tli nc, d.1m.age tc;
g1:r-urct--ulrc:s I .1firJ mi. ni n.-i I t-irgncr=r ot r:::r 1::"::: t-t r cr tr: iier=crnari'
i lr.-inr!,,
lrJlren 1 Lrl-erjarP a repot-i.. 1'nt' c) j eni:g ot*ning" "[ot- instance' '-t
onE acre pat.cel for the i:lr'.,eI o!]t]lElnt o'i ol.)E siniJ].e Tanti' 1;r
re--id€tnce, the site is e'itfrer- I iJc.-,tec1 atraY {rc'n' ;( l-ra;aFd t
i.ncllrd j.rrg perha;-r* r-cch{.il l. , nr- 'tritrqatioft L.echnrqLtFrr' at-e
enipl oyecl to ciir-ect :rn.v poi:elni-i.sl. -qeolugrc or.:ct-trrence :'.1-c,,t.{fid
the hcm€t= j. te i nt-n l:he open 5l:)s(::€:" ]-hi s j = tfie r'lic)it prLld€rnt
tt)pr-qaf:l.r 1 a!1 r'Ji: C-tr-,nc{. I:i t- tll: *:t.:t €Yt:r'v :;qLtal-e i:q:ol: r:{ rrt-oRet-i:'
..rrr d ctLill. 1- i'.'e i.rl Ll-'e to i:t-rn l-: a i. tl s '
I l-rcrp €: I t-r..i",L. a(J F- r.t r-i E{',j E I .i' ,r,lclr- c:-sqLi,:1 f-i-,i; F.-rr-ticl_ll.-rl- L: a.'r-r': Llt. n "
F I rl.::r.: t:ont;ict int? i f I' t-'t'r-i; i:r!- €:r 'i111-f:hc-'f' qr-ts'-"t r orr =-"
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BANNER ASSOCIATES. INC.
CONSIJLTTNG ENGINEERS & ARCHIIECTS
2777 CROSSROADS BOULEVARD
6R^ND JUNCTION, CO 81506 . .3031 ?43-2242
BANNER ASSOCIATES, INC.
CONSULTING ENGINEERS
SUTTE 6, 605 EAST MAIN
ASPEN. COLORADO 816ll .
& ABCHITECTS
(303) 92s-s857
ElANNEFI
Jnne 15, tgF37
Pli chael J. L.rurterb.ech
F . O. Fo:r -a'451Vail, trO. 4165E}
RE: EII: l"leradows Setbdivi::ion Rocl,:f al 1
Dear l*1r . Laurterbach:
.I have revier.red the reports prepared the week ending June l?t
1987., by Don Pettygrover our strrtctural engineer, concerning
the rockfall mitiqation +or the El h: Meadows Subdivision. As
pre./ior-rsly mentioned, potential roc[,:f al l into this site t'li 11
be very i nf requent over the years -. burt thi s type of
nri ti.,latiorr ie still prudent.
I + thp e,ngr neererJ desi on cr i ter i a presented b'r' DBn F'ettygr-ove
ir-r hi.s above r-e{er-ettced report is f ollotred. the t-ocl,:{al I
h.*:ard to occr-rpants ttithin strutctLrres to be located t4it-hin
Elt: l4eador.rs Surl:di vision r^li I I be mini.rni;ecJ- Futrther. i{ l:he
t- {:conrmended engli rreeri rrg is accoaiSrl i shecl dctt-ir,g the
i,.onsl:.r'urcl- j. trn o+ r.l--.r-r-tctltres Lrpo.r the propr:-.ed bui lcJ j. nc_t
envel r:tl€:rs, tlrere shot-rld be no ittcreased haiar-d t-o othet-
girnperr-tv or- strltctutrEs. or to putbl j.c buti ldint*rs. roads,
atres:t---. r j.qht-o{-wiY: easements. uttilitieg or- {acilitiee.
If ycrt.r have anr- {urr-ttrerr gulr:=t j.ctns, pl e.rse cJo nt:t lrtEgi tatel to
ront;.ct uta-
5i ncerel y ,
EANNEF AssOtrIATEs, II.JD.
'-l t /7/)t I ll (( lWtnQt /A.*.{Y,/i,14
Ttli chol. as Lampiri=' Fht'.
' Project Geol og i st
BANNER ASSOCTATES. tNC. 3ANNER ASSOCIATES. lNC.
CONSULIING ENGINEERS & ARCTITTECTS CONSUI,TING ENGINEERS & ARCH]IECTS
S(,ITE 6. 6O5 EAST MNIN 2777 CROSSROADS BOULEVARD
AspEN, coLoRADO 816rl . (303t 925-5€57 GRAND JUNCTTON, CO 81506. (303't 243-2242
BANNER
June 12, L987
Mr. Mike Lauterbach
P.o. Box 3451VaiI, CO 81658
Re: Preliminary Drainage Plan,/Geologic Hazard t'litigation
Elk tteadows Subdivision - tion's Ridge Subdivision
(The ValJ.ey), Filing *2, Phase IIr - BAI #8095-05
Dear Mike'
I have revieered the revised roadway drawings developed by John
l4acKown as well as the Preliminary Plan developed by Eagle VaIIey
Engineering with respect to the existing and proposed drainage
conditions. We have developed the enclosed Prelirninary Drainage
Plan from the grading contours provided by John I'lacXown.
Drainaqe Plan
The existing drainage path through this valley carries the runoff
of approximately 178 acres. The peak flow from this area (as
previously submitted) is calculated at B cubic feet per second-
ine tlow through the drainage path is generally wide and shalLow
with velocitj.es of less than five feet per second.
The construction of this subdivision will separate an area of
approxinately 0.84 acres north of thre access road from the main
flow pattern and recombines the flow from these two areas at the
18" CMF culvert located at station 1+65. Any access walks to the
buildings on the north side should have an IB" cMP or equivalent
in order to allow for the passage of flow to the west.
The maximum flow from the smaller area is 2-0 cubic feet per
second for which the minimum 18" culvert is more than adequate.
The maxj.mum ftow (B cfs) along the south side of the roads wiII
be adequately transmitted by the typical ditch section in all
areas except the small, four car parkinlt area at the extreme rtest
end. It witl be necessary to instaLl approximately 55 lineal
feet of 18,'CMP at this location in order to convey the surface
waters beneaLh the parking area and avoj.d forcing them onto the
adjacent property. The IB" CMP will carry the full I cfs with a
headwater,/diarneter ratio of less than 1. 5.
It is my understanding that all areas of the site, except the
seven building locations, will be dedicated to open sPace uses
which will include use for surface drainage. This will eliminate
the need for any specific drainage easement.
AANNER ASSOCIATES. INC,
CONSULTING ENGINEERS & ARC}IITECTS
2777 CROSSROADS BOULEVARD
GRAND JUNCTION. CO 81506 . Bo3I 243'2242
!4r. Mike Lauterbach
June 12. 1987
Page T'vto
BANNER
Natural Sprinqs
Durj-ng the geological hazard investigation, the site was
thoroughly inspected etith no signs of natural water springs
appearing on the ground surface. Any marked increase invegetation in isolated areas would indicate the likelihood of
natural springs. None of these indicators were observed.
Ground Water
The Preliminary Subsoil and Geologic Investigation prepared by
Chen and Associates, Inc. in May L972, indicated that no freewater was observed in any of the 10 test pits excavated. Theprimary drainage channel is an intermittent wate!-course without
significant year round flow.
Geoloqic -Hazards Mitiqation
with regard to the recommendations made in ny letter of February
23, 1987 for the mitigation of the geologic rockfall hazard, Ioffer the following clarifications.
lty recommendation for a six foot verEical heigttt of wall exposure
on the north side is a minimurn and refers to the reinforced
concrete wall with timber impact absorption. If walIs oD thenorth (uphill) side are to be taLler than the minimum 6 feet
height, then they should be capable of withstanding a 2000 pound
force, although the structure above the six foot level and below
the 10-12 foot level, recommended by Mr. Lampiris' need not be of
concrete or have the timber impact absorption. The difference
being the freguency of anticipated rock hits and subsequent
damage. Below the six-foot heightr rnor€ frequent stri.kes can be
expected for which damage should be minimal. Above six-foot to
the l2-foot level, rock strikes can be anticipated but need be
protected against significant structural damage only.
If a roof area will be constructed with uphill exposure' that
portion below the 10-12 foot height and above the 6 foot heightshould be designed to withstand the 2000 pound inpact force as
well. Reference is made to the attached sketches for the areasof consideration.
The heights discussed above are relative to the natural ground
elevation at the uphill extreme of the structure and projected
along the slope , not at the edge of roadway.
Mr. I'tike Lauterbach
ilune 12 , L987
Page Three
BANNEFl
The terraced floors to which I made reference in my earlier
correspondence was intended to allow for offset fLoor elevationsin order to provi-de buildings which better fit the natural slopesof nearly 2:1 in places.
Should you have any guestions please
Sincerely,
BANNER ASSOCIATES, INC.
\\ ^ A -\)\.X-.,fuw*=--
Donald G. Pettygrove, P.E.
CoLo. P.E. *16543
DGP/xLg
Encl: 14 copies -Prelimj.nary Drainage Plan & Geologic HazardMitigation
Kristan Pritz - Town of Vail
feel free to call.
,F;i"ttW
ffi;:H
E,A.NN=F]
Fc:t'rr-rary ?5r l9A7
i't i ch.re I Lauterbach
Ler,ar- Conpani es/EF: Devel opment Inc.
F'. O. Fo:r .1451
\tailr CO. 91658
RE: GeoI oq i c Ha:ard l'litigation
El ll I'feadotrs Sctbdi vi si on
r/ai I ' CD.
Dear Mi t':e:
I have reviet.red youtr most recent plans and al=o reviet'red the
r-pport by ourr strutrtLtral engineer, Don F'ettygrotre, corlcet-ning
the rocl:f al l mi ti ge.ti on 4or the El [l l'leador'rg Sr-rbdi'.'i si -Jn. I
elgr-ee, ths.t if the design criteria presented by tran
Fettygrove in tris letter of Febt-r-rary ?f, 't L'?87 r are {cl lot'redt
rocl,:{al I ha:ard rqi I I be t,:ept to a minimum f or this
devel c,prnent.
Fc,tential rock{al 1 into this gite r'ril I be very i nf rsq'.1s61
over the yE3t-s, but thi= type o{ mitigrtion ig etill pr-utdent'
The mitigative degign t'ri I I not adver=-el y a.f f ect sny t:thel-
cevel opment i n the 3r-ea. I{ yor-t h3ve' any {r-trther qnestions t
slee.--e do nc,t hegi tate to contact Lts.
Sincerely-.
f{Af'll.]ER A55OCIATEs'! It'lc.
t . -4,'/ ./ / t .
" tit:l^{r7t1 tiLffi.i,
Ni chol as Le.mpi r-i s r F'hD.
. Fr-o-iect 6eol ogi st
l.lL/cl l:
BANNF.R A1SOCIATES. tt,iq. BAIiNER ASSOCIATES. lNC.
coljs(tl.It\c t\ct\F:t:RS ,t AllCtllTECTS ( Orsl,r.li\6 l'\(,i\t-t:rl5 ,t ArttillIIECTS
sljtrE 6. 605 F^ST MAIN 2777 CROSSROADS tlO('t-EvARD
ASPEN. COLOR,qDO 816ll . (303) 925 -:,.957 GRAND JUNCTION, CO 81506' l303l 243'?242
o
].tt 7 BA oN NERPebru.rry 2f ,
Hr. I'li chae I tauterbach
I--rmar Comp.-r n j. es/CR l)evclo[)nrcnL llrc.l'-O. Box 34irl
'\tail, Co ul65B
ttc: Gcologic lla za rd Mitigat-ionDlk Mcadows Subdivision
Vail, CO
Dcar Mike;
As requesLed, I have revie$ed the appropriate measures for themitigatj.on of the rockfall hazar(l rt tlrc subject site. 'l'hecurrent loca l:ion f ot: t'-l)e lots dr.:cs t)ol_ n]low _tor Llre miLig..rLionl-o be hanrlJcd as easily .rs l.rcfore, Irowever, iL apl>cars Lhat il:can I)e acconrpl ished wiLh a fr:w consirlera Lions.
fl The struct-ures slroul(l be siLuated so that at least sixvertical fect of wall is exposcd on the uphill side- Theexposed face should bc dcsi<lned (prcferably of reinforced
concr.'et.e ir)teqral wj t.lr t:lre f otrndation) suclr th.rt it iscap.rble of withstan(lin<; a liorce o-[ not Iess than 2000 pounds.rpplied over an a;:ea of al)pr-oxirnately two s(luarc feet. Theface of Lhe wall slrouf d l)c proLecl-ed, .rs beforc, nith 6 inchtimbcrs for inrl:act absorpLi.on and replacemcnt. The desjgn ofl-hcse w.rll.s should be si.rnj.lar t-o t-lrose shown -in my let_t:er of
Jrr ly 3 . l9B 6.
2l All other areas niLh uphi1l exposurcs slrould be dcsigned towiLllst,alr.l a 2000 porrnr'l forcc .rs wcll. No wirrclows slrould bep.lar;erl j n walls lri t-h trplri ll cxpcrsur-c's. IL sl)oul.(l beunctcrstood Lir.-rt tlr{ire exists Lhc possi,biliLy th.rL f allirrgrocks could irn[)act. L j.()n I s lti(l(je l,()op llo.rd al)ove and belaunclred ilrl-o tlle a j.r srrf f icj.cntly to intpaci r:oof areas,
ai tlrough l-lre ;rrobabiJ.i Lics ()f suclr an jnpacL are
signiIjcanLly ]ower Llr;rn Llrosc wlr j ch will jnrpact l-he wnll.
I ) lttl;oIar ni; l)os:iible, i L i s lecornrrrl'nr]c(l 1:l)Jl- rootns wit]r Lhegrcal-est ()ccul)('rr)cy bc locaLcd away frorn l-lre upper sLories and
Lo l-l)e rl.rwrrlri.l I sidc. n tcrrace(l f loor arr.-rngement appears toIi L qrri t-c wcll aL thi:; siLc arrd wj 1]- blend irrLo tlrc side of
t lr(l hi I I l)ct t{,'r wl)i lc l)r()vi(li|l(l l(-sG (:().,i1: I lrr-()lt{tlt t:c<]rrcr.:tlexc.rvaLir.rn. n JayouL of Ll)j:; l-ype wi Il als<_.r provi<le for:
rnaxinrurn souLllern cxl)(,srlrc t-o take a(lvallt:age of sol.-rr lreatgain.
ltANNl R qsa )(-lA t rs. lN(:-
CO;\strLTtN(; t-NGli\_l l.l'lS & All(:lll It,(.Is
2/77 ( lKri-sn{)n[)S I()lll IvnRl)
GnAND ,JL'NC I l()N. (;() 8l:n)6 . (3{l l) 243 2?42
Mr. Miclr.reL l'n tr t.culro cll
t'al)r'un ry 2l, I9117
I'n(te 'l'r^'u
B,ANNEtr|
'l'lte uet-llo.l c'I lrarrrll .i n(l itl rrr rn w Lr:r rrrtrof f slr()uld .r<;ai.rr bc
^SsanLtally l,lre li;rle a:; 1r1r'vi''rr:;ly rrrr:rrl- i orrr:rl .in my lcLLer (Jf
lio p l.1-.11111.1- | 0, l'lltfi. I'r-rrvi:;iorrs wi | | lrr: rrr'<:c:;:;lry tu al luw fur: lrr
l8' rliarrr:l,cr.' (:ul.vet t lrerrrr.;r I lr Llr(-. i:uJ -tlr:-.sac irt, Llre casl- crt(l ,
lrtttteal-lr t. lte Innitt r:rrl-r';rrrr:r,. lrr;rrl;r rl .t('(:r::',!i Irr;rrl LU Itr1.:i b;rrd 7jffr.l lr.-trrrr'tt-lt l. ltr: f<trtr 1,;r r h i rr.1 r;J,.r,:r...i ,rl I lr.' .'xt r'.!lIr: ur':;1. r:rrrl of
I I r r ' ; r r r r i r : ( : | . ln ,rrlrlil it'tr, I lrr: r r,,rrlw,ry :;lrrrrr I rl lrr: r;orr:ll.r ucl-r:rl ;rl-
I r).rr;l- l'-1" .rl'rrvr, I lrt' lrrw 1,ftirrt l I lrr. 1,1 iurir y rlrnirrnqr) Irol.ll
l.lrr ou(llr(rul- Llr: I r'rrrtt.lr rrl I lrr. 1rrfiiIr;t.. ll i:; rrot ;r rr t- i r: i 1.,.r terl l-lrfll.
:;i.lnjf j r:;rtrl, r;ilr-tirl) wi l-l lrl rIlr:.':r:;.rr y ::i rrr',' Ilrc rlrlirr;rr;c lral-lr ir;
Lo lr:ut;tj.rr .l nr t;r: I y trrrrl i r;t.rlr lr..rl.
Slrould yott llave any (lu.lr;t. j.un, plr.';r!;(.: Iccl frce Lo cali..
:;i ccrcly;''
BANI. t
'\S50C1A'J't.:!;.
l NC.1. ^\,, 0 lt tr'- I-)\ - \ \, { tT --7-,'-\ -t
* (.\4\\--er -\t(--\.\:V,. (
l)ona l (! c. PeLl.ygr-(Jvc. l'.1:.
l'r:u jccl- il.:ragcr
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fi lc: ll09!ili I l.r:.223
SEQUENCE OF EVENTS CONCERNTNG THE VALLEY PHASE III
April 25, 19732. Conditional approval of the preJ.ininaryplan by Eagle county which zoned The Valley
Planned Developrnent (PD)
July 25, L973: County Cornmissioners approve The Valleypreliminary plan and PUD. This approval isgood for three years. The approvalincluded 1-50 units on 61.2 acres.
July 30, 1973'. Eagle County Cornrnissionersr special rreetingto confirn Valley approval .
July 26 | !976: The Valley prelirninary plan and pUD
approval of July 26, 1973 expires. Some ofthe units are under construction. The 120units that have not been built will requirea ner,tr subnittal starting with a sketch plan
and preliminary plan review (letter flomMs. Susan Vaughn, L977).
YIay 20, L97'I . The Vail Town Council sends a letter to theEagle County Commissioners in favor ofextending the Val-Ieyrs approval as long as
development is carried out according to theprelirninary plan and recreation amenitiesare provided.
May 24, 1978: The Eagle County Commissioners grant anextensi-on of the valley prelirninary plan
approval . This approval would expire on
June L, L979. If the approval expires, itwould be required that sketch plan andpreliminary plan review inforrntion besubnitted. A1so, if any change in thepresent plan, it would have to be reviewedby the County Cornmissioners.
Novernber L3, L979: Eagle County Comrnissioners review a sketchplan and have several 'concerns.
March 26, 1980: A PUD plan and protective covenants docu-
ment is filed with the county which indi-cated that Phase fff was subject to theland use restrictions of l0 units and atotal GRFA of L61000 square feet.
ylarcn' 2'7 | 1980: Resolution No. 80-20 allowed the phases of
The Valley to be sold separately withoutany further cornpliance with the subdivisionregulations.
(
I
(
o
April 15, 1980: The Eagte County Planning Comrnission
reviews a sketch plan for Phase fff. ThePlanning Cornmission suggested that theunits be tucked into the hil]side on thenortheast side of the project and that thedeveloper use berning,and landscaping tobuffer the project. Staff recornnendedapproval of the sketch plan.
April 15, 1980: Town of Vail staff sends letter to theEagle county Planning Comnission which
recoro:nends more tighter, clustered layoutof the buildings toward the hillside. Vailstaff also recognizes the steep hillsideand sensitivity of the neadow area. Letterfron Peter Patten and Dick Ryan.
April 30, 1980: The Eagle County conrnissioners reviewed theslcetch plan that the Planning Conmission
saw on April 15, 1980. The sketch pJ.an
showed L0 townhomes on Phase ffl.
May 5, 1980: A resolution was passed by the Countyallowing three years for the developers tofile prelininary plans fron the ylarc}r 26,
1980 PUD plan approval date.
Decernber 198O: Ordi-nance No. 43 annexed the West Vail areaincluding Pbase III of The valLey.
March 17, 1981: The Town of Vail Council applied zoning to
The Valley which \ras recently annexed. Theordinance was No. 13, geries of 1981.
Dlarch 15, 1983: Resolution No. 6, Series of 1987, the TownCouncil approved.rezoning of The Valley.
Sept. J.1, 1985: The Valley is de-annexed from the Town.
Sunner 1986 A development proposal is subnLtted toEagle County by Lanar Capital Corporation.
The proposal beg'ins with a sketchplan/preliminary plan review.
Nov. 5, 1986 The Lanar Capital Corporation Phase IIIproposal is withdrawn frora tbe County dueto cornplications with the tirne lines forreview and how they will. relate to tbeproperty being re-annexed to the Town ofvail.
\May 16,l_98 6 A grading perrnit is released by the Countyfor an access road into Phase III. Theapplicant uas Lanar Capital Corporation.
Tbe road work on Phase IIf is red-tagged by
Eagle County.
Red tag renoved by Eagle County.
The valley is re-annexed into the Town.
The Road is red-tagged by the town of Vail
The Road is red-tagged by Eagle County.
Lamar Capital Corporation submits a rnajorsubdivision and special developrnentdistrict zoning request for Pbase III.
May 6,
ytay '7,
May L1,
May 1I,
May 11,
May 11,
L987
1987:
I987
1987;
t9A7 z
l9A7 z
L
I HTEP.-OEPARTI'IENTAL REVI E}I
Pi,^orrct,
DATE SUSI'IITTEO: 3. /2, ?o , DATE OF PUBLIC HEARING 4.?,7O
C01",'1ENTS NEEOED By I j, Zt . ?o
BRIEF DESCRIPTIoN oF THE PROPOSAL: ,.flqo*
PUELIC IIORKS
Reviewed by:Da te
Conrients:
5D> A*,/^rvf
/4. 4.-..4 4' ./"?t^.'r'jy'
a.. ,t...- ./ 9./12,.o' ,/?.ttr,/ -
hiu. zooaT+L/ntt"
Z$/rr,a{s - lg'(- ,&" dlo-
"2 t4 D.R
'd:.'t.
..rii
Revie',red by:
Co;;ents:
l.
Da te
{,,*,Date of oppr0.i.o'
frtlt .l0
APPLICATION.. FORM FOR SPECIAL
brsrnrcr DEirELoPMEi,r
procedure is required for any project
Specj-a1 Development District Procedure.
application will not be accepted until
that would 9o through
all information is submitted.
March 12 1990
DEVbLOPMENT
PLAN
I.This
the
lrrL ^
A.NAI\,18 OF APPLICANT
Vlt'r1r2' Bc+|
B. NAME OF APPL,ICANTIS REPRESENTATIVE Jay Peterson Otto. Peterson. Post
ADDRESS Vail llatjonal Bank Buildinq PHONE 476-0092
AUTHORIZATION OF PROPERTY OWNER
SIGNATURE
ADDRESS P.0. BOX 2975 Vail . PHoNE 476-5601_x:135€
LOCATiOii OF FROFOSAI,
ADDRESS Phase iII of The Vallev Buffehr Creek Rd.
LEGAL DESCRIPTION a portion of Parcel A. Ljon's Rjdge Subdivjs'ion. Filjnq No. 2
El k l,leadows Subd'i vi sion
E. FEE -4'------.,/{oo.oo >ArD_AL-:3, 12'7o '- h ?:."i - :.r__----- /
A List of the name of oreners of all property adjacent to the
Subject Property and their millng addresses.
II. Four (4) copies of the following information:
A, Detailed written/graphic description of proposal .B. An environmental impact report shall- be submitted to the zoningadministrator in accordance with Chapter 18.56 hereof unless waivedby Section 18.56.030, exempt projects;
C. An open space and recreational plan sufficient to meet the demandsgenerated by the development without undue burden on availableor proposed public facilities;
D.
F.
(0vER )
\,
A proposed site plan, at a scale not smaller than one inch equalsfifty feet, showing the approximate locations and dimensions ofall buildings and structures, uses therein, and, all principal sitedevelopment features, such as landscaped. areas, recreational facili-ties. pedestrian plazas and walkways, service entries, driveways,and off-street parking and loading areas with proposed contoursafter grading and site development;
A preliminary land,scape plan, at a scale not smaller than one incheguals fifty feet, showing existing landscape features to be retainedor removed, and showing proposed landscaping and landscaped. sitedevelopment features, such as outdoor recreational facilities,bicycle paths, trails, ped.estrian plazas and watkways, water featuresand other elements;
Preliminary building elevations, sections, and floor plans, ata scale not smaller than one-eighth eguals one foot, in sufficientdetail- to determine flocir area, gross residential floor area, interiocirculation, locations of uses within buildings, and the generalscale and appearance of the proposed development.
III. Tj-me Requirements
The-..Plirnning and Environmental Commission meets on the 2nd and 4th
Mondays of each month. An application with the necessary accompanyingmaterj-al must be submitted four \deeks prior to the date of the meeting
D.
E.
F
NOTE: It is reconmended that before a special development district applicationis subnitted, a review and cornrnent neeting should be set up wLlh theDepartment of Couununity Development,
Application fofpecial Development Distr? Development Plan I I
Existing contours having contour intervals of not more thanfeet if the average slope of the sit.e is twenty percent oror with contour intervals of not more than ten feet if theslope of the site is greater than twenty percent.
fiveless,
average
March 10, 1990
Kri sti n Pri tz
Acting Director of Community Development
Town of Vai I
75 S. Frontage Road
Vai l, C0 81657
Dear Kristin,
In accordance with Chapter 18.40.100 of the Town Munjcipa'l Code, we
are hereby submitting all material requested for the Major
Amendnent procedure which includes the Final Environmental Impact
Report relatjng to the Elk Meadows Subdivision.
The plan and Environmental Impact Report as submitted by Lamar CapitalInc., on April 5,1987, remains essentially intact, however, we the
owners have chosen to reduce the density from an allowable 10 building
sites to 5 build'ing sites and have chosen to remove the lower portion
of the private road which was serving the previously approved building
envelopes 6 and 7.
This final plat application prepared for Lamar Capital Corporation
Inc., orjginaily was approved by the PEC and Town Council, but was
never recorded. l,le purchased the parcel on February 5, 1988. lde
revised and updated the EIR in accordance with the conditions of
approval of the PEC and Town Council. We respectfully acknowledge
the research and anaiysis and conrpliation of all nraterials submjtted
by Peter Jamar Assciates, Inc.
6llUQrn
Brad Susan Tjossem
1r
TABLE OF CONTENTS
INTRODUCTION
SUMMARY
PART ONE - THE PLAN
PART Tl^|O - IMPACTS/MITIGATION
PART THREE - APPENDICES
A. GEOLOCIC HAZARD MITIGATION REPORT
B. DRAINAGE REPORT
C. DECLARATION OF PROTECTIVE COVENANTS AND
PLANNED DEVELOPMENT GUIDE FOR THE
ELK ]4EADOWS SUBDIVISION
LIST OF FIGURES:
FIGURE 1 VICINITY MAP
FIGURE 2 ELK MEADOWS SITE PLAN
FIGURE 3 PROTYPICAL SOUTHEAST ELEVATION
FIGURE 4 PROTYPICAL NORTHWEST ELEVATION
FIGURE 5 PROTYPICAL NORTHEAST ILEVATION
FIGURE 6 PROTYPICAL SOUTHWEST ELEVATION
FIGURE 7 PROTYPICAL LANDSCAPE PLAN
LOCATED IN REAR POCKET:
FINAL SITE PLAN 1" = 30'
PRELIMIIIARY UTILITY PLAN
FINAL LANDSCAPE PLAN 1" = 30'
The report is divided into the followinq sections:
* Part One - The Plan - Describes the development proposal
and existjng conditions.
* Part Two - Impacts/Mitigation - Contains evaluation of
potentia.l impacts resulting from the proposa'l
as presented and describes actions that can be
taken to minimize any adverse effects resulting
from the proposed development.
* Part Three - Appendices - Provides supplementary informatjon.
A. Geologic Hazard Mitigation Report
B. Drainage Report
C. Declarat'i on of Protective Covenants and
ilanned Development Guide for the Elk
l.leadows Subdi vi s i on
I NT IIODUCT i ON
The purpose of this report is to present inforrrration regarding a
developrnent proposal for [)hase Tltrec of The Valley, a portion of
Parcel A, Lion's Ridge Subdivision, Fil ing No. 2 (see Figure l).
Phase Three is currently zoned Special Developrrrcnt District and is
designaLed viiLhin the Valley PUD as ten unit developtnent. The
proposal being nrade at. this tinte is bo creatc a Final Piat and
subdivide [)hasc III irr order Lo create l'ive sirrgle latrrily building
envcl0pes, co lnon open sl)arce, a co l on access drive, and uti lity
and dra i narre easenlenLs.
FIGURB I
Vicinity I'lap
7 T5S
ut\
(p.\
r)'-.
I
I
I(') |:ii ,
m:
Ftl
\rl
c)
an
rn
/rN
I
I
NORTI]
10-8:y'
'/..^^--'.
PART OI{E - TTIE PLNI,I
TItD I'ROPQSAL:
The Valley is a 61.2 acre planned Unit Development (pUD)
Located in VaiI. Colorado- The pUD was given approval by
l-he Eagle CounLy Conunissioners on April 25r l9Z3 ancl will
consist of a Lotal of 132 clwelling uniLs. The project was
divided inLo six phases wiilr crwelring units allocated arnono
each phase as foflows:
PIIN SE * DWELLING UNITS
r 332zs3 to
4
5 t3
6 48
(Four DuPlexes)
To l-his date, approximately 45 of the 132 allowable dwelting
units have been constr.cted with 87 remaining to be built.
The u.it types wit-lriri t-he puD thar- currertly exist are a mix
of t-ownlrouses and conclonrini-urns. 'r'wo of Lhe f our arLowable
<luplex residences within Iihase 5 have received buildincr
permi Ls l)ut- trave noL yeL been const ructed.
The valley vras annexec'r to the Tor.vn of vair in r9B0 as a part
of the overall I./est Vail Annexabion, subsequently de_annexed
due Lo J.itigatiorr ancr recenr-ry re-annexecr to the Tor,rn of
Vail. Throughotrt the series of annexations the Town of vail
has recognize:<i The Vall.ey pUD and the previ.ous plan
approvaJ. s g rant--ec) by liar;J e Corrnl;\r.
Potential negative impacts resulting from development of the site as
proposed are visual impacts and impacts associated with the location
of the site within a rockfall hazard area. The rockfall hazaro can
be mitigated through foilowing proper construction design measures.
visual impacts can mitigated by the adoption of site-specific design
guidelines which will ensure architectural and visual continuity
with regard to building design and materials. Design guidelines and
a prototypical building design have been proposed by the property
owners for this purpose.
\
SUMMARY
Brad and Susan Tjossem (owners) propose to develop a 3.6 acre parcel
within the Town of Vail. The land is located within an area which
has been proviously subdivided and zoned for development and is known
as The Val ley.
THE PLAN:
The proposed development plan for the 3.6 acre parcel has been named
Elk Meadows; the major elements of the plan include:
* Creation of building "envelopes" allowing the construction
of 5 single fami ly residences.
* The designation of common open space.
* Provision of common access drive-
FINDINGS A}'ID CONCLUSIONS :
The site has previously been zoned to al'l ow the construction of ten
dwel ling units. The applicant's proposal to develop five dwel iing
units will result in no greater impact than would be experienced by
the deveiopment of the ten unit development previously approved for
the site.
The Town of VaiI has also reviewed a number of alternative development
plans for various phases within The Valley PUD and has granted approvais
of rev'i sions to phases previously approved by Eagle County.
The current proposal being made by 0wners of Phase III is the subdivision
of the 3.6 acre parcel into five building sites or "envelopes". Each
envelope would allow construction of single family dwel1ing. Therefore a
total number of 5 dwelling units would be constructed upon the site.
The envelopes, as well as common open space, utility and drainage
easement, and the common access dri ve, are depicted on the Preliminary
Plan in the Appendix.
The total Gross Residentjal Floor Area (GRFA) designated for Phase
Three in The Valley PUD Agreement is 16,000 square feet. This will
allow each dwelling unit within the project to be a maximum of
3200 square feet. Building height will be governed by the Town's
Residentjal Cluster Zone District which allows a maximum height of 33
feet. Setback and site coverage wjll be governed by the designated
bui lding envelopes. A two foot building set back will be required
from the east and west building enveiope perimeter ljne and a three
foot building setback will be required from the north building envelope
perimeter 1ine.
Access to the site is off the Lion's Ridge Loop via a 22'wide
common access drive. This road is in place and was given approval
previously by Eagle County.
The owners of the property have chosen to create the building envelopes
rather than construct one single ten unjt devlopment for varjous
reasons:
* The creation of the building sites allows the development
of the parcel to be phased and at the sane time provides
an overall pian to guide the placement of dwelling units,
access, and common open space within the parcel over time.
* The development of 5 individual free standing dwelling
units will be nrore compatible wjth the adjacent developments
than woul d one s i ngl e structure contai ni ng ten dwel l i ng
un'i ts.
* The creation of the building envelopes ailows for a variation
in residential product type in Vai1. A purchaser will be
able to enjoy amenities such as common open space, guest
parking, and a common access drive which are typically found
in a multiple famjly development and also enjoy the opportunity
to construct his/her own home much like the owner of a single
family or dupiex Iot.
EXISTING CONDITIONS:
The Valley Phase Three property is largely in its natural state, with
the exception of the access drive which is jn place.
TOPOGRAPHY:
The topography of the site is varied, vlith the area immediately
adjacent to Lion's Ridge Loop (Buffehr Creek Rd.), sloping to the
south, then leveling out to form the valley floor in the center of
the site, and, on the southerly portion of the valley floor, rising
steeply towards the ridge top which separates The Valley from the
Gore Valley below.
VEGETATION:
Vegetation upon the site consists of grasses and aspen and pine trees.
In general, the flat portion of the s'i te is covered with grasses, the
south facing slope contains a sparse growth of aspen trees, and the
north facing slope is heavjly covered with both pine and aspen.
WILDLIFE:
The Colorado Department of Natural Resources and the Division of
Game, Fish, and Parks revjewed the orjginal plans for The Valley
PUD with regard to wi ldlife in the area. They indicated that,
historically, there has been no evidence of deer or elk wintering
in the area of The Valley and that no migration patterns would
be disrupted. They did indentify that a few deer spend the surmer
months in the area and, in fact, the deer are continuing to spend
summer in and around The Valley area,
GEOLOGY:
The topography of The Vailey is controlled closely by the underlying
bedrock geology. Lion's Ridge is a scarp and dip siope formed by a
sandstone formation. The bedrock dips about 40 degrees toward the
north and the north slope of the ridge is formed on 'its dip s'lope. The
north side of The Valley is a scarp slope of similarly dipping beds.
The Valley, as well as the main Gore Valley has been glaciated. The
subsoils in the area are quite varied and have previously been
investigated by observing road cuts and digg'i ng test pits. Chen
and Associates, Inc. report that the subsoils consist 'i n general
of a topsoii layer of organic sandy clays to clayey sands overlying
medium sti.ff sandy clay with gravel to loose to medjum dense clayey
to gravelly sands. They indicated that the soil does not possess a swell
potential but wi'l I settle moderately under loading.
HAZARD AREAS:
As indicated by the Town of Vail Rockfal.l Study the site is located
within a h'i gh severity rock fall area. According to Town of Vail
Hazard Maps no other identified natural hazards exjst upon the site.
PART TI,IO - IMPACTS/MITIGATION
Thjs section of the report discusses potential impacts that will result
from development of Phase Three of The Va11ey and the specific actions
which can be taken to minim'i ze those imoacts.
TRANSPORTATION, SOCIAL AND POPULATION IMPACTS:
Due to the fact that the developemnt of Phase Three wjll remain basically
the same as the original Phase Three in terms of development intensity
(5 dwelling units), there will be rro change initerms of the traffic impact,
population increase, or social impacts.
BIOTIC IMPACTS:
Negative impacts upon the vegetative character of the site can oe
expected to be the reduction of dnd disturbance of natural vegetation
in the vicinity of the access road, utility easements, and building
sites. Since these features are confined to that portion of the sJte
innediately adjacent to the Ljon's Ridge Loop (Buffehr Creek Rd.)
the di s turbance shou l d be mi n ima l .
Beneficial impacts of the proposed development can be an upgrading of
the site's vegetation through proper vegetative and landscape maintenance
and revegetation.
Impacts to the wjldlife inhabiting 15s area will be minimal. As
identified by the State of Colorado, there is and has been no evidence
of deer or e'l k wintering jn the area and the overall amount of open space
in and around The Valley enables the summer population of deer to remain
undi s turbed.
GEOLOGIC HAZARDS:
A study of the rockfall hazard which affects the site has been completed
by Banner Associates and recommendatjons regarding the appropriate measures
for mitigation of the rock fall hazard have been made. Their reports
are included within the Appendices of this report.
In general' the engineers believe that rockfall into the site will
be very infrequent over the years, but that mitigation is prudent.
DRAINAGE:
A study of site drainage has been conrpleted by Banner Associates and
recormendations regarding the appropriate neasures to provide adequate
drainage have been made. Their report can be found in the Appendices
of this report.
In general, typical site engineering including placement of culverts
at the appropriate locations and proper site grading will adequately
handle storm water runoff.
WATER AND SEWER
water and sewer lines to serve the project are currenily in place and
upper Eagle valley water and sanitation District has indicated their
abi lity to serve the development. A proposed utility pian for the
Subdivision is shown in the Appendix, though it has not been down sized
fo represent the proposed 5lots, it shows the concept of 7lots.
VISUAL IMPACTS:
In terms of the vjsual impact of the proposed development, views
into the property from the adjacent roadway and adjacent development
sites will be the primary interest. The site plan has taken this into
account and'individual building sites are situated in a manner that
preserves the majority of the site as open space. The location of the
building sites adjacent to Ljon's Ridge Loop (Buffehr creek Rd.) preserves
both the lower open meadow portion of the site as well as the heavily
vegetated north facing slop of The Valley.
0f major concern will be the visual
Sjnce buildings will be constructed
'i t will be extremely important that
be established prior to constructjon
that ensure that the project wjll be
compiitible style and with compatib1e
continuity for the buildings themselves.
at different times by different owners
the visual continuity of the development
and that controls be put into place
developed in an architecturaI ly
building materjals.
To accorrrl;l ish l"his goal , Lltc owrie' lras dcveloped a protypi cal
building design as well as specil.ir: design lluiclelines for the site.
The owner's intenl- is LhaL rhesc quicrelincs be arlorrted .ls a
condition of alrproval and Lhat l.lre.y be rrLilizcrl alorrtr with the'fown o f Va i 1 Dcs i grr llevicw (iu idc I iries Lo provitlc Lhc necessary
visual contirrui by necessary to pl.eyide boLh exis1..i rrg ancl future
residents of l'he Val le.y wiLh a pleas ing visual exlrerience.
A Honreowner's Associalion will be fonled .rnd, aiclng wiilr the
Town of Vai l , wi lI bc resllo's.i ble [or enforcirrg Lhese Design
Guidel ines. A copy of the DeclaraLion ol' ProLective covenants
for the subdivisiorr arc contairrr:tr with the Aupencl ices oF this
I{epo r [.
The pnobotypical truildirrg siLe plarr' and bui lding eievations are
shown in the Appendix. The Dcsign Guidej incs are proposed Lo
be as fol lows:
1. tlool' pi tch sha lI bc beLweerr 4 feet in 12 I'eet and 6
feet in 12 feet.
?. Roof rnateri al shal I be Cerlar Shakes.
3. Siding ruaterial sh.rl I be ei ther log or stucco with Jog
per'l ins, log railing, or other loq nrerrrbcrs, natural rock,
or a cornbination of the ,rbove and shal I tre appi ied hori_
zont.tl1y as irrclicaLcd orr thc proLol_ypic,i1 builrJing
elevati<lns. 0rrly I ighL colored sl_ain shalI be appliecl
to siding.
4. ti ther stucco or s id irrq sha ll be .r1;1rl ied to ex;rosed
concrete foundaLiorr walls. Il' sLucco is utilized it sha.l i
be light in color.
- 5. Al l windows shal I be whil_e rtreLal clacl or wood windows.
and will be "dividcd I iglrl', slyle.
6. All roofs shall have overhlngs of aL least i foot jn order
to protect walls and wall openings frorn rain and snow and
to contribuLc Lo l.he bui ld inq,s characl.er.
Proper
Town of
control
resu I t.
implementation of these guidelines, in addition to the
Vail Design Review Process can provide the revjew and
to mitigate any negative visual impacts which miqht
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A. GIOLOGIC IIAZAI{D MITIGATION RIPORT
B. DRAIIIAGI R[I)ORT
C. DICLARATION OF I'ROTICIIV[ COVTNANTS AND
PLANNID DIVILOI'MINT GUID[ FOR TIII
ILK MEAI]Ot,IS SIJItDIVI Si ON
A. GEOLOGIC HAZARD MITIGATION REPORT
March 12, t99O
Donald G. Peltygrove, F.E
DCP/bg
flLe: IGRJ.9003. BLcJTJossEM. t'ET
Enclosure
BANNER ASSOCIATES, INC.
CONSLIUf ING ENGINEERS A ARCHT'ECTS
??77 CROSsROADS BOULEVARD
GRANO JUNCTION, CO 815r)6 . t303t 24t-2242
Mr. BradleY rjossem
Post Offlce Box 2975
vair, co 81657
REI Elk Meadows subdivlsion
Geologlc Haaard Miblgation
BAr Job No. 8095-05-01
Dear Brad:
Inresponsetoyourrequest.forreviewofourrecornmendatlons;;.-;;;i;grc 1,aiiia mrt'igatton, i{e have revlewed our otlslnal
work and in aaaitlon frave perforned a conputer rockfaLl
"i*rfulf"n analysls using CRSP (Cotqrado Rockfalt Slrnulat'lon
proqram) whlctr "as J.uui"pna bi the Colorado Deparlment' of
iiqfiwuvl and colorado School of Mines'
This computer softfara was not available when we Ferforned
iiii-o"iqi"ir anarysts, however,. ue r2elieve lt ls prudent to
check past. analy"is ritr, tlre IatesL state-c,f*the-art nethode
when afforded the opporUunlty'
As a resulL of these computer slmulations, we belleve that
our - oitgf r,af recornrnenaations are basically sound but the
I*o"cC-iotce shoufa ba lncreased to 4,00b pounds' fhtg
;i;5;i; ue- appr iea to an area of approxlmat'el'y two square
feet.
The attached draul.ng has been lncluded for lnformatlon elnce
only the lmpact force has cttanged'
ff you have any questions, please feel free to call'
very truly Yourg,
Fl ::i '.:ri t.-:t€J 2
a
HAN NEFI
BAT'|NER A gSOCIATES. NC
CON SULI TNG E}IGINNE.HS & ARCHTI ECiS
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I June 12, l9B7
-
Mr. Mike Lauterbacl'l
P.O. Box 3451Vail, CO B165B
Re: Preliminary Drainage plan/Geologic llazard MitigationElk Meadows Subdivision - Lion,s Ridge Subdivision(The Valley), Fi1in9 *2, t)hase III - BAI #8095-05
Dear Mike,
r have reviewed the revised roadway drawings <1evelopecl by JohnMacKown as well as the Preliminary plan developed by Bagle varleyEngineering with respect to the existing and propose<l <lrainageconditions. we have deveroped tlre enclosed lrreliminary DrainagePlan from t.lre grading contours prr.ovi<1er1 by John MacKown.
Drainaqe Pla n
The existing drainage path through Lhis varley carries the runoffof approximately 178 acres- The peak flow from this area (aspreviously submitted ) is calculatr:d at g cubic feet per second.The flow through the drainaqe patlr is generalty wide ind slrallowwith velocities of less than five feet per second.
The construction of this subdivision will separate an area ofapproximately 0.84 acres nortlr of the access roacl from the mainflow pattern and recombines i-he flow from these two areas at the18" cMP culvert located at statioD ]-+65. Any access walks to thebuildings on tlre north side shoul.c] have an lB" cMp or equivalentin order to allow for t-lre l)assage of flow to t-he wesL.
The maximum flow from the smalrer area is 2.0 cubic feet persecond for wlrich the minimurn lB" culvert is more than aclequate.The maxinum flow (B cfs) along Lhe south sicle of the roads willbe adequately transmitted by the t-ypicar <liLch section in allareas except the small, f our: car parking area at the extreme westend- rt will be necessary to install approximately 55 linealfeet of rB" cMP at this locaLion in order to convey the surfacewaters beneath the parkingi area and avoicl forcing. them onto the
ad jacenl property. The l-8" cMt, wi I. l carry the f ul1 B cf s with aheadwater,/d iame ter ratio of Iess Llran 1.5.
BA.NNEFI
site r except theto open space usesThis will eliminate
It is my understanding that all areas of theseven building locations, \rrilI be c'lectica.t_edwhich will include use for surface drainage.the need f or any specif ic rlra_inaqe easenent.
RANNER ASSOCIATES- INC.
CONSULTING ENGINEERS & ARC'IITECTS
2777 CROSSROADS BOULEVAIiD
GRAND JUNCTION, CO 8l5orr . (J03t 243.?242
Mr. Mike Lauterbach
June 12, I9B7
Paqe Two
Natural Sprinqs
BANNEtrl
Geologic fnvestigation prepared byin May 1972, indicated that no freethe 10 test pits excavated. Thean i,tr termi tl-elrt water-course without
During the geological hazard investigation, the site wasthoroughly inspected with no sj cJns of 'natural
r,rrate r springsappearing t>n l-he ground surf ace. Any nar:kecl increase invegetation in is<;rated ar-eas woulrl ,inclicite the Likelihood ofnaturar springs. None of Lhese inciicators were observed.
Ground Water
The Preliminary Subsoil anrlChen and Associates, Inc.water was observed in any ofprimary drainage channel issignificant year round f1ow.
Geoloqic tlazards Mitigation
with regard to the recommencra tion s made in my letter of February23' r9B7 for the mitigation of the georogil rockfarr hazard, ioffer the following clarificaLions.
My recommendation for a six foot verticar heiglrt of warl exposureoll the north si dc i,s a nr.i.rri *lurn and ref crs to the reinforcedconcrete wall- witlr timber i.nrpact al;sorptioD. rf walLs on thenorth (uphilr) side are to be talrer: than tlre minimum 6 feetheiqht, then they should be capabj,e of withstanding a 2000 poundf 9rc9, - although the structure ilr.r.r" trre six f oot revet and berowtlre 10-12 f oot 1eve1, rec<,rnnenclc<r l,ry Mr. Larnpir.-is, neear not be ofconcrete or have r-he timber irnpact. absorpr_ion. The dif ferencebeing the f requency of anti.ci paLed rock hi-t-s and subsequentdamage- Below the six-foot rreigrrl-, nore frequent strikes can beexpected for which damage shourcl be nrininra l_. Above six-foot tothe 12-f oot f evel, ro<;k sl-r:i.kes car lre anLi-ci.pated but neecr beprotected againsL signi,f icarrl- st-ruct.irral clamage onIy.
rf a roof area wirl be co*structed with uphilr exposure, thatportion below the 10-12 foot height ancl abbve the 6 foot heightshourd be designe<l r,o wi.r-rrsLa'd 1-lrr: 2000 pouncl impact force aswel1. Reference is macle to the at-l,aclred sketches for the areasof consideration -
The heights discussed above are relaLive to tl.reelevation at the uphilI exl,rene of the strucLure
a long tlre slope , not aL t he erlqe crf r:oaclway.
na tu ra 1 g'roundand projected
Mr. [ike LauterbachJune 12, l9B 7
Page Three
BANNEFI
The terraced floors to which I made reference in my earliercorrespondence was intended to alror,r for offset floor ilevationsiu order to provide buildings which better: f i.t the natural "f"p"=of ne.erly 2: I in places.
Should you have any queshions please
Sincerely,
lllNNEn Assocr^Tas, INC.\-.. \ -'\r\ t\ n /) \r-) n
|U".:+& Lr \.,*h1r-=.-
Donald c. Pettygrove, p: E.Colo. P.E- #16543
DcP/r 19
Encl: 14 copies - preliminary
Mitigation Drainage Plan & Geologic nazard
cc3 KrJ-stan Pritz - Town of Vail
feel free to call-
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E|ANNEF|
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Dear- l'1r Larrl:e-'r-bactr:
I have revierired thel rerprorts Jrrepared l-hel r^,ee ],: encli rrq Jlrlre l?,1987, try Don Fet-ty11r-t:ve r 65Lrr :;tr-lrr:turaI errqineep r (:ol4;t:lr1r 1gthe rocl,: falI miti_Oatiorr .f or i:trr: [:-l J,: l'|e..-rdows Sr.rbcl ivisiorr- /\_-,pr-e'./i r:ursl y nrc-'nl;itlnt:rl , po{..t:rrl-ial. r'ur:1,: f ;rl. I inLo 1-lris !jj.i-r:r r.r.i. I I
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C()N.5(
'lr tN(; t:NGtNElrlts & AncfilIt:cTs
2 /77 Ct( )SSlt()A{ }S t10L't_t:vAt )
(;RANt) .f UNC] tON. co fI50(, . (:t031 243 ?242
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CONS(JITING ENGINF-ERS & AITCIIITECTS
2i 77 (ltosstioAl)s ltoul_r:vn RI)(llrAND ,,UNC]1ON. CO 8t506 . (303t 243-2242
llANNt:n ASSCrctnTEs, lNc_
( ]( TNSULTING ENGTNF:IiRS
Sl ,ll l: 6. 6():' trAsl MA|N
A:it{lN. COLORADO 8l6t t .
& AIrCt ||rl:cTs
(30:ll 925-5rJ57
B,A.NNER
JuIy 22. 1987
Mr. Michael LauterbachP.O. Box 3451Vail, CO 81658
Re:
Dear Mike,
I have enclosed ayour project withas requested.
EIk Meadovrs Subdivision
BAr #8095-05
with regard to your question about the builcling configurationabove the l2-foot heiglrL. the st-ructure above tl.rit levei may beverti-caI wal1, pitched root or other construction. ft rejllydoesnlt matter what is above the l2-foot level f rorn tlre aspect oihazard nitigation. wirrdows are acceptable above that. lever aswell.
rt must be remembered that alL of the hazard mitigation is basedon a reasonable level of protect-ion againsl- ttre probabi lity of anevent occurring. The probabilities are low so the level ofprotection can be commensuratel y 1ow al.so. lf l-lre clesign hrere toprotect absol.ul:ely aqailtst aJ.l. p.ossilrlo event_s. i.t wou l.cl bepr:ohibi. l-i. ve Lo bu j. Lcl al- t,lri s s; -i t cr ;.r r; .i t: worrl tl be in al. l <rr t-lrcrrrountains.
Should you have any guest j,ons, plear;e feel free to call.
Sincerely,
reproducable mylar of the drainage plan forthe change rnade frorn "preliminary', to ,,Fina l,',
INC.BANNER ASSOCIA
\x, --\rU C
Donald G. Pettygrove, p.,8.
DGP'/rIg
Enclosure
BANNER ASSOCIATES. INC-
CONSULTING ENGINEERS & ARCIIITECTS
2777 CttOSSROn DS BOU|_F-VARD
(;RAND JUNCTION, Co 815106 . 13$31 243.?.242
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February 23,
Mr. Michael Lauterbach
Larnar Companies/CR Develol)ment Inc.
l'. O. Ilox 3451\rail, CO Bl65B
Ite : Geologic ltazard MitjgationElk Meadows SubdivisionVail, CO
Dear Mike i
As requested. I have reviewcd Llte approprial-e measures for themitigation of the rockfall hazard at tl)e subject site. Thecurrent Iocation for tlle loLs aloes not allow for the mitigationto be handlcd as easily as before, lrowever, it appears thaL itcan be acconplished with a fcw consideraLions.
f) The structures shoul(l be siLuated so tlrat at least sixvertical feet of w.rll is exposed on the uphill side- Theexposed face should be designed (prcferably ot r:einforcedconcreLe integ]:al with tlre foundatir]n) such that it iscap.-rble of withstantlinq a force of noL less tharr 2000 poundsapplie<i over .-r n ar:ea of .-rP1>r-oxitnately two square f cet. 'fhef ace <-rf l-lre wal.I sllc-luld lre proLecLed. as beforc, witlr 6 irrclrtimbers for inpact absorpljorr and replacement- I'he design ofthese wal I s slrould be sirni-1.-rr to thclse slrown in ny letter ofJuly 3, 1986.
2l nll oLher .rreas lrith uphill exposures should be designed towi tltstand a 2000 pound force as wclI. No wirrclows slrould bepla(;e(l j rr waf 1s wit-h ulrh j l.J c"'pr<rsu.os. It shcrul-d beurrdersLood Llrat- Llrcrc' cxjsts tl)c poissi biliLy l-haL faJlrngrocks could irnpact l,j on's lti(l(je Loop lload above an(l belaunclrcd -into the a j_r suffi<:jcrrtly to intpact. r:oof arcas,all,lrouglr Llre probabiJ iLie s of such an inrpact aresignificanLly Iower- than th()sc wlrich r"ri 1l inrpact. Lhe wall.
3) Insof ar as tr><)ssibJe, jt is recolrnrr:ntled t,l)aL roorns wit lr thegreat,e,st occupar)cy be located away fron LI)e uppei- sLories andto Llle downhilI side. A Lcrrace(l fJoor arr:angenent ap[)ears tofit quiLc weJl at thjs sitc and wjll blen<t j.nt_o the aide ofl-he hi I I bel tr:r whi Je lrrovi<'lin(l .lcss cost_ t-lrr:orrqlr r:erlucedexcaval-r.ol). A L.ryorrl, of Lhi.r; typr: will also provide forrnaximum southern cxlrosrrrc Lo L.-rke a(lv.]ntaqe of solar heaLqain.
NANNIT,R ASS(X]IA1TS. INC.
COtiSULl ING tNGrr"rLRS & AllClllIt:Ctr.s
2777 CnOSSROAt)S 8()Ut EVAITD
GRAND .rtJNC fl()N. CO n1506. 13rl31243 2242
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