HomeMy WebLinkAboutR93-159 amendment of PUD for Streamside at VailCommissioner moved adoption
o the foll6king Resolution:
'v
RESOLUTION
OF THE
COUNTY OF EAGLE, STATE OF COLORADO`
RESOLUTION NO. 93
APPROVAL OF AMENDMENT OF
THE STREAMSIDE AT VAIL PLANNED UNIT DEVELOPMENT
FILE NO. PD- 105 -93 -A
WHEREAS, on or about October 15, 1993, the County of Eagle, State of
Colorado, accepted for filing an application submitted by
Marriott Ownership Resorts, Inc. (hereinafter "Applicant ") for amendment
of the Streamside at Vail Planned Unit Development, Highland Meadows,
Tract A, Eagle County, Colorado (hereinafter the "PUD"), File No.
PD- 105 -93 -A; and
WHEREAS, the Applicant requested the amendment of the PUD for the
purposes of increasing the total number of residential units on Tract A
from 150 to 152 units and allowing the parking space requirement to
remain at 270 'spaces; and
WHEREAS, notice of the proposed amendment was mailed to all owners
of property located within and adjacent to the PUD and was duly published
in a newspaper of general circulation throughout the County concerning
the subject matter of the application and setting forth the dates and
times of hearings for consideration of the application by the Planning
Commission and the Board of County Commissioners of County of Eagle,
State of Colorado (hereinafter the "Board "); and
WHEREAS, at its public meeting held December 1, 1993, the Planning
Commission, based upon its findings, recommended approval of the proposed
PUD Amendment; and
WHEREAS, at its public meeting hearing of December 14, 1993, the
Board considered the PUD Amendment application, associated plans and the
statements and concerns of the Applicant and the Eagle County staff.
Based on the evidence, testimony, exhibits, review of the Eagle
County Master Plan, the recommendation of the Planning Commission and
staff, and comments from all interested parties, the Board finds as
follows:
524853 B -628 P -792 12/29/93 03:37P PG 1 OF 8 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 0.00
1. The proposed amendment to the Streamside at Vail Planned Unit
Development is consistent with the efficient development and
preservation of the entire PUD.
2. The proposed amendment does not affect in a substantially
adverse manner either the enjoyment of the land abutting upon
or across the street from the PUD or the public interest.
3. The proposed amendment shall not solely confer a special
benefit upon any person.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application submitted by Marriott Ownership Resorts, Inc.
for amendment of the Streamside at Vail Planned Unit Development be and
is hereby granted.
The Board finds, determines, and declares that this Resolution is
necessary for the health, safety, and welfare of the inhabitants of the
County of Eagle, State of Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
y of Colorado, at its regular meeting held the
da
Coin Eagle, of 190
State rad
p �� nunc pro tunc to the
14th day of December, 1993.
COUNTY OF EAGLE, STATE OF COLORADO, By
and Through Its BOARD OF COUNTY
COMMISSIONERS
By • .
• George Gates, Chairman
By:
olln4:ire�e Phillips, _ C =XJ sioner
0
E. JohrfsVff (Jr.
1 .41 P /11
Commissioner seconded adoption of the
foregoing Resolutio The roll having bee called, the vote was as
follows:
Commissioner George A. Gates cz.vtlt
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by 3-()_ vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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Board of County Commissioners
CI CI
1D !
STREAMSIDE AT VAIL PLANNED UNIT DEVELOPMENT
DECEMBER 15, 1993
I. PURPOSE AND SUMMARY:
A. The purpose of this Guide to the Streamside at Vail ("Streamside ") Planned Unit .
Development (the "guide"), is to outline the Eagle County zoning and land use restrictions
that are applicable to the Streamside Planned Unit Development (the "P.U.D. "). This
version as dated above supersedes the previous Guide, recorded on October 28, 1986. It
incorporates the provisions of amendments submitted on April 16, 1990, June 15, 1990,
and October 15, 1993; and subsequently approved by the Board of County
Commissioners.
B . The P.U.D. authorizes a total of 152 multi- family units in five buildings; and a
combination Clubhouse and Central Facilities Building in a sixth building. The P.U.D. is
located on Tract A, Highland Meadows, Eagle County, Colorado. Development within the
P.U.D. is administered by the Eagle County Department of Community Development
based on provisions contained within this Guide. Building construction within the P.U.D.
is governed by the Eagle County Building Resolution as amended from time to time.
C. . At the time of the submission of this Guide, all six buildings have been built and are
in use. The residential units are time -span estates; and each residential building is a
separate condominium association. The associations are joined together in one association,
the Highland P.U.D. Association, which also is the owner of the Clubhouse and Central
Facilities Building.
D. This Guide is presented by Marriott Ownership Resorts, Inc., the developer of the
Evergreen Building, the property manager, and the owner of the existing commercial
condominiums used for property management.
II. DEFINITIONS
A. Streamside at Vail. Streamside shall mean all of the real property in Eagle County
within the boundaries as set forth on the recorded plat of Highland Meadows designated as
"Tract A" and as amended from time to time shown in the Final Plats on record with Eagle
County's Clerk and Recorder.
B . Building Envelope. "Building Envelope" is each area designated as such on the
recorded plats for each of the existing buildings.
C. Building Height. The original height limit imposed of the construction inside
Streamside at Vail is forty-eight feet. The existing buildings are assumed to comply with
this limit, measured according to Eagle County Land Use Regulations.
D. Commercial Space. There shall be no commercial space to be used, rented or
leased for the purpose of generating a financial profit. The Clubhouse is a private club for
the use of owners, their guests and paying guests at Streamside; and contains many of the
Streamside at Vail
P.U.D. Guide
Page 2
facilities, and/or uses outlined below. Assessments and fees are charged for its use to pay
for debt service, operation, maintenance and the like. The following uses shall not be
considered commercial space:
(1) residential or lodging facilities including, but not limited to:
(a) time -span estates
(b) condominiums
(c) hotels (parlors, rooms, suites) and lodges
(d) employee housing
(2) meeting rooms, banquet rooms, classrooms
(3) recreational and athletic facilities including, but not limited to:
(a) health spas
(b) swimming pools
(c) sports courts
(d) locker rooms and maintenance facilities
(4) resort services including, but not limited to:
(a) operations staff and resort management offices
(b) property sales and resales offices
(c) child care centers
(d) resort marketing and central reservations
(e) retail commissary providing limited convenience items for guests
(f) building and van maintenance functions
E. Condominiums. A condominium within the P.U.D. is defined as any group of
rooms created as a fee simple estate in a defined air space within a multi-unit property.
This shall include ownership by time -span estate or any other recognized legal estate in
Colorado.
F. Parking Spaces. There are 270 total parking spaces provided.
G . Timesharing The term "interval estate ", "timeshare estate ", and "time -span estate"
will each have the meaning set forth in CRS Secs. 38 -33 -110 1973, as amended. "Interval
ownership interest" will include any time share unit, any organizational timeshare interest,
or any similar plan or arrangement.
III. LAND USE DESIGNATIONS
Land use designations within the P.U.D. are as follows:
A. Condominium Accommodations - Time -Span Estates Timesharing in fee simple
estate designated as Time -Span estates. Each residential building shall consist primarily of
time -span estates, and they shall be rented as hotel/lodge type uses. The Douglas and
Evergreen Buildings may have such commercial condominiums as currently exist to
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Streamside at Vail
P.U.D. Guide
Page 3
10
0
VI.
provide support services for property management listed above in paragraphs II. D. (1)-
(
B . Outdoor Recreation Amenities Amenities consistent with a year -round resort
including, but not limited to, tennis courts, swimming pools and spas, volley ball courts,
picnic facilities, horseshoe pits, ice skating, etc.
C . Clubhouse Facilities Facilities for a health and sports club, and for all resort and
support services listed above under paragraphs H. D.(1) -(4).
D. Set Back Buildings are located as shown on the composite site plan attached hereto
as Exhibit A.
E. Maximum Building Height Building height shall be 48 feet, except as may preexist
this Guide.
F. Parking Requirements There exist 270 parking spaces located as shown on Exhibit
A which shall be kept in existence, except as may be modified by future amendment.
NAME DESIGNATIONS
The following list identifies the six buildings which comprise the P.U.D., and the number
of residential units in each building:
I: 1 t I
(1) Aspen
(2) Birch
(3) Cedar
(4) Douglas
(5) Evergreen
(6) Clubhouse
NUMBER OF UNITS
30
24
24
35
39
0
TOTAL RESIDENTIAL UNITS
TIMESHARE REGULATION
152
A. Vacation Licenses Prohibited Notwithstanding any other provision hereof, vacation
licenses are prohibited within the P.U.D.
B . Rules and Regulations The rules and regulations for each of the separate
condominium associations have been recorded with Eagle County.
MISCELLANEOUS
A. Recording Upon approval by the Eagle County Board of Commissioners, this
Guide shall be recorded with the Clerk and Recorder of Eagle County.
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Streamside at Vail
P.U.D. Guide
Page 4
VII. AMENDMENTS
A. Substantial Amendments No substantial modification, removal, or release of the
provisions of the P.U.D. shall be permitted except upon a finding by the County,
following a public hearing called and held in accordance with the provisions of Section
24 -67 -104 (1) (e) C.R.S. 1973, as amended, that the modification, removal, or release is
consistent with the efficient development and preservation of the entire P.U.D., does not
affect in a substantially adverse manner either the enjoyment of land abutting upon or
across the street from the P.U.D. or the public interest, and is not granted solely to confer a
special benefit upon any person. For purposes of meeting the public notice requirement
established by Section 24 -67 -104 (1) (e), the term "adjoining land owners" shall mean all
owners of real property within the P.U.D. as well as owners of land abutting upon the
P.U.D. Owners of land across Interstate Highway 70 shall _ not be considered "adjoining
land owners ". Such owners shall be given written notice, delivered or mailed first class,
postage prepaid, at least 15 days prior to either the Planning Commission or Board of
County Commissioners' meeting at which such modification, removal or release is
considered; except that in the case of condominium owners, including time -span estate
owners, notice may be given to the condominium owners' association rather than to each
owner or time -span estate owner. Each of the following shall be considered a "substantial
modification, removal or release" of the provisions of the P.U.D.:
(1) Any increase in the total number of dwelling units allowed within the
P.U.D.
(2) Any change in zone classification of any land within the P.U.D.
(3) Any removal or release of any land from the P.U.D.
(4) Any other matter which the Commissioners determine is a "substantial
modification, removal or release.
B . Other Amendments Any modification, removal or release of provisions of the
P.U.D. which is not a "substantial modification, removal or release" may be adopted after a
public hearing, written notice of which has been placed in a newspaper of general
circulation in Eagle County, Colorado, at least 30 days prior to the Board of County
Commissioners' meeting. Such notice shall state the general nature of the proposed
modification, removal or release, and the date of both the Planning Commission and the
Board of County Commissioners' hearing.
C . Minor Modifications Minor modifications in the exterior bulk or character of the
existing buildings, or in other than building matters at Streamside, may be authorized by
the Eagle County Zoning Administrator if required by circumstances not foreseen at the
time of the approval of this Guide. Minor changes which may be approved by the Eagle
County Zoning Administrator include the following:
(1) Landscaping Plans
(2) Parking Distribution and Configuration
(3) Utility and Drainage Plans
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