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Vail Aeroctate6, Inc.
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MEMORANDUM
TO:
FROM:
DATE:
RE:
(l) Terrell J. Minger
(2) Gene A. Smjth
James F- Lamont
July 15, .l975
'l0th Filing
There has been some confusion regarding the proper procedures
to be followed in the rezon'ing of the l0th Filing. As I understand the
present s.ituatjon, the Vail lrletropoljtan Recreation Djstrict and the Town
Attorney have negotiated a mutui\ly acceptable agreement with Vail As-
sociates concerning the proper functional relatjonship between the Golf
Course and any homes that are to be bu'i lt in the subdivision. I have
reviewed the Town Attorney's letter of July 14' .|975 to Vail Assocjates'
I concur with the terms stipulated in the letter; however, it has come
to my attention that the Town Attorney believes that all matters conceming
this subdjv.ision can be resolved through a contractual agreement. This
approach has l'imitations which cou.ld have serious consequences to the
proper administration of future construction on the lots having avalanche
probl ems.
l'le believe that the council should adopt as a special condition
of the rezoning the mitigating techniques which are outlined in the En-
vironmental Impact Reports. The adoption of these special conditions
should be by ordinance which stipulates that special development conditions
exist on the 10ts and reference should be made to the Environmental Impact
5,iT9;,1!T;30' o
Page Two
Report Documents on the Zoning Map. This notation will notify any future
Zonlng Admlnistrator to refer to the terms andconditions specifled in the
Report. The Town Attorney's proposal would only incorporate special con-
djtions wjthin the deeds which we have no way of enforcing to date.
consequentlyn these terms could easily go unnoticed in our review pro-
cedure. Further, there are many terms andconditions unique to each deed.
If we were required to enforce one term of several special terms in a
deed, would we not become responsible to enforce all terms and cond'i tions'
The prospect is frighten'ingl
Secondly, the matter of stoping the rezoning of lots 9, l0' & ll
from Residential to Agri cultura for Vail Associ ates ' s tax benefit seems
an inappropriate aPProach'
accept the terms of your agreement, we would be forced to go through the
entjre procedure and publ ications again.
The purpose of the rezoning was primarily for the incorporation
of the specia'l hazards conditirons. All the publicat'i on notices were
based on th.i s conceptua) approach. To not do the rezoning would complicate
the hazard designation and special conditions imposed upon the property
by not adhering to the proper procedure provided for in the zoning 0r-
dinance. since the Environmental Impact Report portion of the Zoning
0rdinance is under attack, I would prefer to follow all procedures to the
I etter.
It would seem to me that vail Associates can easily dedicate
lots 9, ]0, & ll before the rezoning ordinance can become effective on
August 5, 1975. Thus both parties needs are met. Further' it seems more
ural for vail Associates's tax DenerlE see
Eurffrer, if Vai'l Associates should fail to
iSTl ll'Ta,8o' o
f49e . lnree
practical from a planning perspective to always keep an accurate relation-
ship between the zone district and actual useabirity of the land. Given
our performance to date, minor discrepencies are never delt with until
their -cumulative effects become a problem.
In our opinion, it is arso important that ail of the vail r'retro-
politan Recreation District's requirements are adopted into the rezoning
ordinance so as to ensure that their enforceabirity and administrative
fol Iow-up is comp1ete.
In summation, I respectfully request that an ordinance.
as originally published, incorporating the terms and conditions
the Town Attorney's Ju'ly .|4, lgT5Jrletter,and rezonjng the three
Residential to Agriculturar. ihe ordinance should also provide
Council's officjal acceptance of the two reports.
be prepared
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box roo o vail, colorado 4r657 . 3o3.4?6.s313
July 16, 1975
(1) VaiI Associates, Inc.P. O. Box 7Vai1, Colorado 81657
Attention! (1) Mr. Richard E. peterson,
President
(2) Mr. Andrew D. Norris, fIIVice President
(3) Mr. Frederick S. Otto,
General Counsel
(4) Mr. ilames 1,,. VieLe,
Engineer
(21 Town of Vai1, ColoradoP. O. Box l-00
Vail , Colorado 81657
. Attention: (1) Town Council_
(21 Mr. Terrell J. Minger,
Town Manager
Mr. James F. Lamont,Director, Departnent of Community
Ms. Diana Toughill,
Zoning Administrator
Re: Lots I through 11, VaiL Village Tenth Filing
Gentlemen:
Mr. Norris appeared at the regular meeting of the Town Council onJuly 15, L975, and informed the council that Vail Associates, Inc.has agreed in principle to the terms set forth in my letter ofJuIy 14, 1975. However, Mr. Norris said he did not think it wasnecessary to have a contract concerning this agreement.
As far as the Vail Metropolitan Recreation District is concerned,a formal contract is required so as to properly conclude this
(3)
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VaiI Associates, Inc.
Town of Vail, ColoradoJuly 16 | L975
Page 2
agreement. In its letter to Vail Associates, Inc., dated. June9, L975 r the Town of VaiI also indicated that it wants a con-tract. The Town Council reconfirmed that requirement in itsJuIy 15 , L975 regular meet.ing.
This agreement involves interests in land and is not to be per-
formed within one year. Consequently, the agreement must be inwriting and subscribed by the partj-es to it in order for it to
be valid under the Colorado statute of frauds, C.R.S. 1973,gE3B-ro-rog, 3g-10-112.
Because Vail Associates, Inc. land is involved in the agreement,I suggested in my July L4 | L975 letter that it prepare the pro-
posed contract embodying the terms contained in that letter and
submit it to me for my consideration. Essentially the contract
would only have to restate the terms set forth in the letter.
I will presume that Vail Associates, Inc., will in fact preparethe proposed contract and submit it to me in a timely manner,unless I am promptly notified to the contrary.
The Town Council passed Ordinance L3, 1975, on first reading onJuly 15, 1975, with the understanding that the contract will be
executed before August 5, L975, when the ordinance is due to be
read on second reading. It is my understanding that the councilwill reject the ordinance on August 5, L975, j-f the contrac! hasnot been executed by that date.
(1)
(2)
Sincerely,
G*-+.
Gene A.
Attorney
Smi
t r VMRD
cAS/sjm
cq: Mr. Roilney E. Slifer, Chairman
Board of Directors
Vail Metropolitan Recreation DistriP. O. Box 100
VaiI, Colorado 8L657
E'nH: aj,,.:_:
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thy 30, 1.975
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I eun r'eII aEare' thaLvail- Associjltes, Inc-r<rns tlre lasl ard is rioirrg
grat'^irich is prcper ani irsrtlssable under Gg-igtt ani:rg. iict;e*'er' I
eirtetrd tlrat'aibat t"@ are doinE rrii€t Ulis land. :s less li=n prudert-
sr +iE drar,ring board 'ineir piens nay hanre atrryeareo to i:e saiisfactoryT'
cn ttre site, tuds cbserrratisr is ;:ot l:one otrt. It-- "Jris properdr is su{r
oj-rziCed as jlrlicaid jry th.e suryqf pi-ns, tle"quaiitir cf a fi::E EoIf cotrse
vd-Il be serlous3-y ccr.prcaised
Very t:ruly !or:::s'
Rich&1i Ii. n iley
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John Dcbsst
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office of the town attorney
June 9. l-975
l|tlluun
vail, colorado 81657
(3031 476-5613
Vail Associates, Inc.P. O. Box 7Vai1, Colorado 81657
Attention: Mr. Andrew D. Norris, III,Vice president
Re: Lots I through 11, Vail Yillage Tenth Filing
Gentlemen: L
This will supplement the discussions between representativesof Vail Associates, Inc., Vail Metropolitan Recreation Dis-trict, and the Town of Vai1, Colorado, which took place on theabove property on June 5, L975.
ft is my understanding that the partles have reached substan-tial agreement in princlple on the followi-ng primary terms:
1. Lots 9, 10, and 11 will be dedicated to the
Town with their use to be restricted to recreationalpurposes.
2. Lot 1 will not be sold or developed for aperiod of at least two years or until such time there-after as the impact of its development on the VailGolf Course can reasonably be determined, and devel-
opment will not be detrimental to the golf course.
3. Lot 2 may be sold and developed provided that:
A. An easement will be granted to VMRD forthe tee for Hole No. 5 and the existing golfcart path adjacent to Hole No. 5 of the VailGolf Course.
B. The location of any house or otherstructure will be restri-cted so as to minimizethe impact thereof on Hole No. 5, said locationto be approved by VMRD.
Vail Assoclates, Inc.
June 9, L975
Page 2
C. VAI will promptly plant a row of trees,appropriate in number and size, extending thestand of trees exlsting on the north side ofthe Lot in a westerly directj_on across the benchin a manner aeceptable to VMRD.
D. Prohibit the erection of fences or otherobstacles on the north side of the tot which wouldinterfere with golfers playing Hole No. b.
E. Golfers may trespass on said lot toretrieve their golf ba11s.
4. Lot 3 may be sold and developed (see paragraph5 - are said restrictions applicable to Lot 3?).
5. Lots 4,5,6,7, and 8 may be sold and developedprovided that any development satisfies special buildingconditions, e.g. walls capable of withstanding pressureof 615 p.s.f., and other reasonable specificatlonsrequired by the Town.
6. The road will be shortened so as to provideaccess only for Lots I through 8.
7. VAI will lengthen and/or widen the tee of HoleNo. 5 i-n a manner acceptable to VMRD.
While I am optimistic that the foregoing provisions are essen-tia11y correct, I suggest that representatives for each of theparties have a conference at any early date to reach final agree-ment on the terms so that a proposed contract can be drafted byvAr and submitted to vMRD and the Town for their consideration.
Sincerely,
Gene A. Smi
Town Atto ey andAttorney for VMRD
GAS/sjm
cc: (1)Board of Directors,Vail Metropolitan Recreation DistrictMr. Bob Wolfe, GoIf ProfessionalMr. Ben Krueger, Golf Course Superintendent
Town Council
Town ManagerDirector of Department of Community DevelopmentZoning Administrator
(2)
(3)
(4)
(5)
A6),l(7)
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box roo . vail, colorado 8i667 . 3o3r476.8613
July 14, 1975
(1) Vail Associates, Inc.P. O. Box 7
Vai], Colorado 81657
Attention: (I) Mr. Richard E, Peterson,
President
Mr. Andrew D. Norris, lIIVice President
Mr. Frederick S. Otto,
General Counsel
/(4) t"tr. Jbmes L. Viele,
Engineer
(2) Town of Vail-, ColoradoP. O. Box 100
Vail , Colorado 81657
. Attention: (1) Town Council
(21 IvIr. Terrell J. Minger.
Town l,lanager,/'4zl Mr. James F. Lamont,V Director, Department of Community
Development
(4) Ms. Diana Toughill,
Zoning Administrator
Re: Lots 1 through 11, VaiI Village Tenth Filing
Gent lemen:
After further negotiations, discussions, and communications, itis my understanding that Vaif Associates, Inc., Town of Vail,
Colorado, and Vail Metropolitan Recreation District have reached
an agreement on the following principal terms:
(2)
(3)
(1) Vail Associates, Inc.(2) Town of Vail , Colorado
JuIy 14, L975
Page 2
aeaicali "u'il""i ; l3' r3$u",lln'iil rl."::' ::ti:" -'"
restricted io recreational purpoaes.
2. Lot I will- not be sold or developed for
a period of at least two years or until Such time
thereafter as the impact of its development on the
Vail Golf Course can reasonably be determined;
development of the lot will probabJ"y require vAI
at its expense to lengthen and,/or widen the tee of
Hole No. 5 of the vail Golf Course in a manner
acceptable to VMRD; development of the lot will
require the approval of TOV and a condition Prece-dent to said approval is its determination that said
development wil-l not be detrimentaL to the golf course.
3. Lot 2 may be sold and developed provided
that:
A. An easemlint will be granted to VMRD for
the tee for HoIe No. 5 and the existing golf
cart path adjacent to Hole No. 5 of the VaiI
Golf Course, allowing access of golfers' golf
carts, golf course equipment' VMRD employees'
and other persons authorized by VII'IRD.
B. The location of any house or other
structure will be restricted so as to minimize
the impacl thereof on Hole No. 5, said location
to be approved by VMRD.
c. vAI will prornptly plant a row of trees,
appropriate in number and size, extending the
;l3"t"l'rl':";":t::ti"3'13" ll:""::::
"
3'ti""1"""n
in a manner acceptable to VMRD.
D. Prohibit the erection of fences or other
obstacles on the north side of the lot which would
interfere with golfers playing Flole No. 5.
E. Golfers may trespass on said lot to
retrieve their golf balls.
4. r-,ot 3 may be sold and developed without
restriction.
(1) Vail Associates, Inc.(2'l Town of Vail-, Colorado
,July 14 , L975
Page 3
\ 5. Lots 4,5,61 7, and 8 may be sold and
developed, pl strict-ions speci rvin@pment musE-e-GE-
spe lls caPEE-IE of
w p.s.f., and other rea-
sonable specifications required by the Townt the
hazards to development of said lots are set forth
in a report entitled "Avalanche and Mud Flow Hazards
on Tenth Filing and Katsos Ranch Properties" dated
September L974; the special building requirements
are set forth in a report entitled "Avalanche and
Mud Flow Defense" dated February 1975.
6. The platted road will be shortened so as to
provide access only for Lots 1 through B.
The letter from Mr. Rodney E. Slifer, Chairman of the Board of
Directors of Vail Metropolitan Recreation District, to Vail
Associates, Inc., dated July l, L975, states with reference to
paragraph 38 of the aforepdld agreement that the proPosed house
Iocation is acceptable to the District.
Some time ago the Zoning Administrator of the Town was told by
a Vail Associates, Inc. employee that the company was negotiating
with a prospective purchaser of Lot 8 concerning the construction
of a tennis court by said purchaser on Lot 9. As far as I am
aware, that arrangement was never consummated. Consequently' the
only limitation on the dedication of Lots 9, 10, and 11 to the
Town wilt be that their use is restricted to recreational purposes.
Since Vail associates, Inc., will dedicate Lots 9, 10, and 11 to
the To!,m, there is no immediate necessity for the Town to rezone
the lots from R to A. It could be to Vail Associates, Inc.rs
tax advantage to dedicate the lots while they are zoned R in
that their value could be greater than if they were zoned A.
Howeverr the rezoning application is due to be decided by the
Tor4rn Council in its regular meeting on July 15, L975, at 7230 P.M.
We should discuss this application prior to that meeting-
I think there should be a eontract embodying the agreement set
forth above. Since the agreement involves land owned by Vail
Associates, Inc., I suggest that it prepare a proposed contract
and submit it to me for my consideration' I would hope that the
proposed contract could be prepared ancl delivered to me within
a short tirne and before the end of JuIy.
j
(I) Vail Associates, Inc.(2) Town of Vail, ColoradoJuly 14, L975
Page 4
I await your timely response.
Sincerely,
Attorney fof W.iRDfi
GAS,zsjm
DELIVERAD BY MESSENGER ON THE DATE HEREOF TO VAII,, ASSOCIATES,
INC.
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PROOF
STATE OF COLORADO
COUNTY OF EAGLE
OF PUBLICATION
the 'llc lbtfte
*ot,if ot.. ".'.*aTFUBLIC H€AR|Nili
APPLICATION FOR.
REZONING OF VAlI-
VILI.AGE IOTH FILING,..NOTICE IS HEREtsY GIVEN
that Vall As6oclates. Inc. hat roquest-
ec rc:on tr,of Lots 9, ro,Sd 11 of
Vail Vlthir lOth Filing ftom Resl-
dentltl to^Agrlcultural (Op6n spacs)
and desigbltlon ot Lot! 4, 5, 6, 7 and
8 as lots with special condltlons for
buildlng structures due lo apparentavalinch! tlazatd. Appllcalion has
been tllgd., pursuant to Section
2l.5OO irt" th€ Zonlng Ordinance,
Ordloan!|rNo. 8 (Serles ot 1973).' A.Pfh4c Heaiins wlll b€ held onwt"v'-.fi, 1975 befoYo thc Vail
Ptaf|nlnt Commlssion in accord wlth
s€euonl 2L400 of Ordinancc No. I
tscrfci,ol 19731. The csclslon ot th€Pt lUhJ Commisgion wlll b€ trans-mlllt{.tt, thc Town councll tor the'Tqrd ot Vall for public h€aring and
deeldon, Srld herrlng wlll b! h.ld in
th*..:l4ai l/Fnlriprl Bultdlng at 3:ooP.m- ..,i',r.,,.-- TOWN OF VAIL' ''.I'EFARTMENT OFCO UT.|TI}TY9EVELOPMENT
, ...-, Olrn. S*Toughtll' lhlig Adrllnlstrator
Prtbllrhsd In The Vail Trall on Aprtl25,t975. -
n\ r.,, fkl,A; Krcx do solemnly swear rhar r am
of THE VAIL TRAIL; that the same is a weekly newspaper
printed, in whole or in part and published in the County of Eagle, State of
Colorado, and has a general circulation therein; that said newspaper has been
published continuously and uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the fint publication of the
annexed legal notice or advertisement; that said newspaper has been admitted to
the United States mails as second-class matter under the provisions of the Act of
March 3, 1879, or any amendments thereof, and that said newspaper is a weekly
newspaper duly qualified for publishing legal notices and advertisements within the
meaning of the laws of the State of Colorado,
That the annexed legal notice or advertisement was published in the ngular and
entire issue of every number of said weekly newspaper for the period of t
consecutive insertions; and that the frrst pubication of said notice was in the issue
of said newspaper dated Af€tL .1S A.D. 1978 and that the last
publication of said notice vras in the issue of said newspaper dated
A@Pru eS A.D.lel-S
In witness whereof I have hereunto set my hand ni. DEf 6", o1
Aoeu* A.D. re?S-
Subscribed and sworn to before me. a notarv and for County of Eagle,
State of Colorado, ttris r| I D aay ot rslt
Mycommission "xprrcs 7?7.41,., lJ rgq
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NOTICE OF PUBLIC HEARING
APPLICATION FOR REZONING OF VAIL VILLAGE IOTI] FILIIIG
N0TICE IS HEREBY GIVEN that Vajl Associates, Inc- has requested
rezoning of Lots 9, ,|0, and ll of vail Village lOth Fi'l ing from Residential
to Agnicultural (open space) and designation of Lots 4, 5,6,7 and g as lots
with specia'l conditjons for bujlding structures due to apparant avalanche
hazard. Application has been filed pursuant to Section zl .500 of the Zoning
0rdinance, Ordinance No. B (Series of 1973).
A Public l-learing was held before the Planning Comrnissjon on May )5,
1975 and their recommendations have been lransmitted to the Town counc'i l A
second Public llearing will be held before the Town council in accord with
Section 2.|.400 of Ordinance lio.8 (series of .|973). said hearing will be
held at 7:30 p.m. on June 17" 1975 in the Vail l'{unicipal Building.
CO|VII4UNITY DIVTLOPI,lENT
Zoning Admin
Pub'l ished i n the Vajl Trail May 30, 1975
TOhJN OF VAIL
S. Toughill
Admini strator
NOTICE OF PUBLIC HEARING
APPLICATION FOR REZONING OF VAIL VILLAGE IOTH FILING
NOiICE IS HEREBY GIVEN that Vail Associates, Inc. has requested
rezoning of Lots 9, .|0, and ll of Vail Village l0th Filing from Residential
to Agricultural (Open space) and designation of Lots 4, 5,6,7 and 8 as
lots with special conditions for building structures due to apparant
avalanche hazard. Application has been filed pursuant to Section 21 .500
of the Zon'ing 0rdinance, 0rd'inance No. 8 (Series of 1973).
A Public Hearing will be held on May 15, .|975 before the Vail
Planning Commission in accord with Section 21.400 of Ordinance No. 8 (Series
of .|973). The decision of the Planning Commission will be transmitted to
theTown Council for the Town of Vail for public hearing and decision.
Said hearing will be held in the Vail Municipal Building at 3:00 p.m.
TOt.lN F VAIL
DEP NT OF COI'IM DEVELOPMENT
I ana S. Toughil l
Mmi ni stratorZoni ng
Published in the Vail Trail April 25, 1975
o
APPL ICAT ION FOR VAR I AI.ICE
An d/0 r
COND IT IONAL USE PERM IT
0r.:: flance No. B (Series of lg73)
Application P619 APril 4, 1975 Pub lication Date April 1'1,.|975
Planning ConunissionHearin-g Daf. MaY 1' '1975 Hearino Fee Waived - Requested by TOV
Ua.
Pf{l$trxryddl[XX#( 1"f{Jnq o r r ow nPublication date for Town Council
I (we )Vai I Associ ates , Inc.
Counci I June 3' 1975
May 9,t9 t5
of P. 0. Box 7
(App I icant)(Address)
Phone 476-5601Co'l o.rado Vai I
(State)
do he reby req ues t permiss i
Comm i ss i on to req uest the
(City)
on to appea r before the Vail Planning
f o I low i ng :
Va r i ance f rom Arti
Zon i ng Cha nge f rom
Park ing Va r i ance
cle Sect ionro A anFt6-?Fi-gnate speci al
due to-5[TIifiTTTE-ffFEl nts
ow avalanche hazardConditional Use Permi
in
t to all
Zone.
For the following described property: Lot,/tract9' .|0, l'l ,ock
Fi I ing Number- l9tt to be rezoned Agricu'l tura'l ; lots
BI
+
To be restri cted wi th certai n bui 1d'ing requi rements due Td-aGTariClearly state purpose and intent of this applicatlon e haza
To rezone three 'lots currently zoned resjdentia'l to agricultura'l to prohibit
construction in an area subject:to high avalanche danger and to require
certain building requirements 6n lots with moderate avalanche danger.
What do you feel is the basis for hardshio in this case?
Signature of Applican+