HomeMy WebLinkAboutVAIL POTATO PATCH FILING 1 BLOCK 2 LOT 8 TRACT C RED SANDSTONE SCHOOL TELECOMMUNICATIONS LEGALt
Planning and Environmental Commission
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
webr www.ci.vail,co.us
Project Name: AT&T Cellular (RedSandstone) PEC Number: PEC030053
Project Description:
UPGMDE OF E911 AND B5O MIN.ANTENNASTOTHE ECSTING AT&T FACIUTY LOCATED @
THE RED SANDSTONE ELEM SCHOOL
Participants:
OWNER EAGLE COUNTY SCHOOL DIST RE 0912612003 Phone:
PO BOX 740
EAGLE CO
81631
License:
APPUCANT EAGLE COUNTY SCHOOL DIST RE 0912612003 Phone: 328-6321
PO BOX 740
EAGLE CO
949-5100 Donovan Nolan ARC 81631
License:
Project Address: 551 N FRONTAGE RD WEST VAIL Location: west of RSES
Legal Description: Lot:8-A Block 2 Subdivision: VAiL POTATO PATCH
ParcelNumber: 210105302013
Comments: See @nditions
BOARD/STAFF ACTION
Motion By: Rollie Kjesbo Action: APPRoVED
Second By: George lamb
Vote: 7-0 Date of Approvalt t012712003
Conditions:
Cond:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Planner: Warren Campbell PEC Fee Paid: $650.00
I
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
Final Meeting Results
Monday, October 27, 2003
PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm
MEMBERS PRESENT
All Members Present
MEMBERS ABSENT
Site Visits:
1. Bogart's- 143 East Meadow Dr. Unit # 165
2. Vail Mountain Lodge- 352 East Meadow Drive
3. Kendrick Residence- 2965 & 2975 Mann's Ranch Road
4. Red Sandstone School- 545 North Frontage
5. Solar Vail- 501 North Frontage Road
6. Eagle River Water & Sanitation- 846 West Forest
7. Tennis Court Site- 615 Forest Road
Driver: Warren
NOTE: lf the PEG hearing elitends until 6:00 p.m., the board may break for dinner lrom 6:00 - 6:30
Public Hearlnq - Town Gouncil Chambers 2:00 pm
1. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses,
Vail Town Gode, to allow for a public utility and public services use, located at 501 North
Frontage Road (Solar Vail Condominiums)/ Lot 8, Block2, Vail Potato Patch 1" Filing.
Applicant: Nexlel, represented by Glen Klocke
Planner: WarrenCampbell
Motion: Chas Bernhardt
Approved with Condltlons
Gonditions:
Second: Rollie Kjesbo Vote: 7-0
1. The applicant removes all illegal outdoor llght fixtures and submits cut-sheets
for fixtures which meet the lighting standards whlch will be reviewed In
conjunction with the applicant's Design Revlew Board applicatlon for the
proposal.
2. The applicant uses only non-combustible materlals in the construction of the
screen wall and ladder enclosure. Revlsed plans for review by the D,esign
Review Board shall be submltted no later than November 3,2003.
2. A requesl for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses,
Vail Town Code, to allow for a Public Utilities installation, located at 545 North Frontage
Road (Red Sandstone Elementary School), Part of Lot 8, Block 2, Vail Potato Palch 1"1
Filing.
Applicant: AT&T Wireless Services, Inc.
o
Planner: WarrenCampbdl
Motion: Rollie Kjesbo
Approved
Second: George Lamb Vote: 7-0
3. A request for approval of an exemption plat, pursuant to Chapter 13-12, Exemption Plat
Review Procedures, Vail Town Code, to allow for the platting of property boundary
amendments, located at 2965 &2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail
Village 13th Filing.
Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates
Planner: BillGibson
4. A request for a sign variance pursuant to Section 11-48-20, Window Signs, and Section
11-4A-1, Signs Permitted in Zone District, Vail Town Code, to allow for additional
signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165
(Closiroads)/Lot P, Block 5D, Vail Village 1't Filing.
Motion: Doug Cahill
Approved
Applicant:A.Luc Pols
Planner: Matt Gennett
Motion: Rollie Kjesbo
Second: Gary Hartman
Second: George Lamb
Vote: 7-O
Vote: 7-0
5.
Tabled lo November 10,2003
A request for conditional use permil, pursuant to Section '12-71-5, Vail Town Code, and
a variance from Title 14, Ghapter 5, Parking Lot and Parking Structure Design Standards
for All Uses, Vail Town Gode, to allow for the construction of an unpaved private parking
lot, located at 923 South Frontage Road WesVUnplatted. (A complete metes and
bounds legal description is available for review at the Town of Vail Community
Development Department).
Applicant: Vail Resorts
Planner: Elisabeth Eckel
Conditional Use Permit
Motion: Rollie Kjesbo Second: Erickson Shirley Vote:6-0-l (Cahill)
Approved with Conditions
Conditions:
1. The applicant shall provide CDOT approvals to the Town of Vail for the use of
l-70 R.OW. and any required access permits prior to use ol the slte for the
proposed employee parking.
2. The conditional use permit shallexplre on October 27,2Un.
3. The applicant shall contlnue to have unobstructed flre department access to
the lot through the berm opening on the south side ot the site opposite the
Eagle River and Water Sanitation Dlstrict gas station. This access point shall
be allowed pending CDOT approval ot more than one entrance for the site.
Appropriate signage and a "dummy gate" have been proposed by the
applicant to clarify the purpose of the lot as a private, not public parking area.
4. The applicant shall maintain and operate the proposed parking lot at an
appropriate level of cleanliness by providing trash receptacles on the site for
use by Vail Resorts'employees.
6.
5. The applicant shall maintain and operate the proposed parking lot at an
appropriate level of safety by ensuring lhe removal ol snow from the lot. Snow
storage shall not occur within the berm opening that is to remain for the
purpose of flre department access snow storage may occur according to the
following;
a) withln the areas designated on the site plan submitted with the
application, or
b) through an opening in the north side of the llmits of disturbance fence
required by the Town to protect existing vegetation.
6. Parking delineation within the site shall be through simple ropes and flags,
communicallng the appropriate spaces and efficiently maximizing the slte.
7. Vail Resorts shall provide the West Day lot to the Town of Vail for the
2003|2004 ski season for public parking.
Variance
Motion: Rollie Kjesbo
Approved
Second: Erickson Shirley Vote: G0-1 (Cahill)
A requesl for a major suMivision pursuant to Chapter 13-3, Major Subdivision, Vail
Town Code, to allow for the platting of the ski-way tracl and four lots at the Lionshead
tennis court site and a rezoning pursuant to Section 12-3-7, Administration, Vail Town
Code, from Agriculture and Open Space zone district to Primary/Secondary Two-Family
Residential zone district to allow for the construction of residential dwelling unils on the
four proposed lots and from Agriculture and Open Space zone district to Outdoor
Recreation zone district to allow for the ski lifts, tows, and runs located at 615 West
Forest Road/Unplatted (A complete metes and bounds legaldescription is available for
review at the Town of Vail Community Development Department).
Applicant: Vail Resorts, represenled by Braun Associates, Inc.Planner: Warren Campbell
Major Subdivsion
Motion: Doug Cahill Second: Gary Hartman
Approved with Condiiions
Gonditions:1. That the applicant submit a final drainage study, erosion control plan, and
plan and profile with cross-sectlons for lhe new curb and cutter along
Forrest Road for review by staff prior to schedullng on a Planning and
Environmental Commission agenda for revlew ol the linal plat.2. That the applicant place a note on the tinal plat that states that no
improvements other than landscaping be permitted in the "no build zones".3. That the applicant pays for the cost of new traflic control signs and the
installatlon of the signs at the approved cul-du-sac location on West Forest
Road after receivlng approval for design and locatlon by the Public Works
Department.4- That the applicant removes the snowcat access from West Forest Road, if
an alternative route is revlewed and approved by the Town of Vail. The
alternate route shall be proposed by the applicant and reviewed by the
Town of Vail prior to the closing of the sale of any one of the lour new
residential lots approved on lhe lennis court site.
Rezoning
Motion: Doug Cahill Second: Gary Hartman
Vote:7-0
Recommendatlon of Approval
Vole:7-0
7.A request for a minor suMivision pursuant to Chapter 13-4, Minor Subdivision, Vail
Town Code, to allow for the replatting of Lot 31 and Tracts C & D, Vail Village 2d Filing;
a request lo rezone Lot 31 and Tracts C & D, Vail Village 2no Filing from Outdoor
Recreation (OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use
(GU) zone district;and a request for a conditional use permit pursuant to Section 12-9C-
3, Conditional Uses, Vail Town Code, to allow for the operation of a waler and sewage
treatment plant and a public parking facility and structure, located at 846 West Forest
Road/Lot 31 and Tracts G & D, Vail Village 2d Filing.
Applicant: Eagle River Waler and Sanitation District, represented by Braun
Associates, Inc.Planner: BillGibson
Conditional Use Permit
Motion: Doug Cahill Second: Ghas Bernhardt
Approved with Conditions
Vote:7-0
Conditions:1. Approval of the conditional use permits for both the water and sewage
treatment plant and the public parking facility and structure shall be
contingent upon the Vail Town Council's adoption, by ordinance, of the
proposed amendments to the Official Zoning Map of the Town of Vail.
2. Approval of the conditional use permits for both the water and sewage
treatment plant and the public parking facility and structure shall be
contingent upon the Design Review Board's approval of the related design
review applications.
3. The applicant shall submit a public parking managemenUoperations plan for
review and approval to the Community Developmenl Department, prior to the
lssuance of building permits.
Mlnor Subdivision
Motion: Doug Cahill
Approved with Gonditions
Conditions:
Second: Chas Bernhardt Vote:7-0
1. Approval of the final plat for the mlnor subdivision shall be contlngent upon
the Vail Town Council's adoption, by ordinance, of the proposed amendments
to the Official Zoning Map of the Town of Vail. The final plat shall not be
recorded prior to lhe Vail Town Gouncil's adoptlon, by ordinance, of the
proposed amendments to the Official Zoning Map of the Town of Vail.
Rezoning
Motion: Doug Gahlll Second: Chas Bernhardt Vote:7-0
Recommendation of Approval
8. A request for major exterior alteration pursuant to Section 12-7H-7, Vail Town Code, to
allow for the custruclion of new dwelling units and accommodation units at Vail Marriott
Mountain Resort, located at 715 West Lionshead Circle/Lots C and D, Morcus
Subdivision, and Lot 7, Marriott Subdivision
Applicant: Vail Mountain Marriott Resort, represented by Gwathmey, Pratt, SchultzPlanner: George Ruther
Motion: Chas Bernhardt
Tabled to November 10,2003
Second: Rollie Kjesbo Vote:7-0
9. A request for a conditional use permit pursuant to Section 12-74-3, Vail Town Code; a
major exterior alteration pursuant lo 12-74-12, Vail Town Code, to allow for
modifications to lhe existing fractional fee club and a restaurant addition; and a request
for a building height variance pursuanl to Chapter 17, Vail Town Code, to allow for
dormer additions, at the Vail Mountain Lodge and Spa, located at 352 E. Meadow Drive /
Tract B, Vail Village 1$ Filing.
Applicant: Vail Mountain Lodge LLC, represented by Braun Associates, Inc.Planner: George Ruther
Buildlng Height
Withdrawn by Appllcant
ConditionalUse Permit
Approved
Motion: Erickson Shirley Second: George Lamb Vote: 6.Gl (Hartman)
Major Exterlor Alteration
Tabled to November 10,2003
Motion: Rollle Klesbo Second: George Lamb Vote:6-f1 (Hartman)
1 0. A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town
Code, to allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail
Village West 2no Filing.
Applicant: David lrwin
Planner: Matt Gennett
Motion: Chas Bernhardt Second: Doug Gahlll Vote:7-0
Tabled to November 10,2003
1 1. Approval of September 22,2003 minules
Motion: Doug Gahlll Second: Chas Bernhardt Vote:7-0
Approved
12. Information Update
The applications and information about the proposals are available for public inspection during regular
oflice hours in the project planner's office located at the Town of Vail Community Development
Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign fanguage interpretation available upon request wilh 24 hour notitication. Please call 479-2356,
Telephone for the Hearing lmpaired, for informalion.
Community Development Depafl ment
Published October 24,2003, in the Vail Daily
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
october 27,2003
A request for a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for a public utilities
installation, located at 545 North Frontage Road (Red Sandstone
Elementary School)/Part of Lot 8, Block 2, Vail Potato Patch 1"'Filing.
Applicant:
Planner:
AT&T Wireless Services, lnc., represented by Susan
Cunningham
Warren Campbell
I. SUMMARY
The applicant, AT&T Wireless Services, lnc., represented by Susan Cunningham, is
requesling a conditional use permit as outlined in Section 12-16-2, Conditional Use
Permit, Vail Town Code, located at 545 North Frontage Road (Red Sandstone
Elementary School)/Part of Lot 8, Block 2, Vail Potato Patch 1"'Filing. The conditional
use is requested to allow the applicant to replace and upgrade existing cellular
equipment located on the roof of the Red Sandstone Elementary School building
(attachment A). Based upon Staff's review of the criteria in Section Vlll of this
memorandum and the evidence and testimony presented, the Community Development
Department recommends approval of this request subject to the findings and conditions
noted in Section lX of this memorandum.
II. DESCRIPTION OF REQUEST
The subject property is zoned General Use district which lists public utility installations
as a conditional use under Section 12-9C-3, Conditional Uses, Vail Town Code, The
applicant currently has an approved conditional use permit which was granted on
October 1 4, 1991 , for the Walter Group which has since been bought by AT&T Wireless
Services, Inc. The applicant is proposing to upgrade the existing equipment by adding
three 'AOA" anlennas which will serve to increase the reliability of emergency 911
cellular calls and the addition of three 850 Mhz which will serve to the function of
providing more seamless calling with fewer "dropped calls". The existing facility is
currently screen by a wall which hides all antennas and utility cabinets on the roof. The
proposed 'AOA" have a larger profile and in order to screen them the existing wall is
proposed to be increased in height by two feel. A copy of the proposed plans for the
replacement equipment and screen wall are attached for reference as well as
photographic simulations of the proposed changes (attachments B and C).
Due to the proposed extent of the equipment replacement and upgrade it was
determined that the existing conditional use permit would not apply to the changes and
therefore a new application was required to be submitted. Attached is a letter from the
applicant explaining the request in greater detail (Attachment D).
III. BACKGROUND
. This property is zoned General Use district and was annexed into the Town by
Ordinance 8 of 1969 which became effective on August 23, 1969.. On September 16, 1975, the Town of Vail, land owner, entered into a lease with
the Eagle County School District RE 50J, building owner, for a period of 30 years
which expires on September 15, 2005.r On October 14, 1991, the Planning and EnvironmentalCommission approved a
conditional use permit request for a cellular site on the roof of the Red Sandstone
Elementary School. lt is this site which AT&T Wireless Services, Inc. wishes to
upgrade.
IV. ROLES OF REVIEWING BODIES
Order of Review: Generally, applications will be reviewed first by the Planning and
Environmental Commission for acceptability of use and then by the Design Review
Board for compliance of proposed buildings and site planning.
Planning and Environmental Gommission:
Action: The Planning and Environmental Commission is responsible for final
approval/denial/approval with condltions of Conditional Use Permits.
The Planning and Environmental Commission is responsible for evaluating a proposal
for:
1. Relationship and impact of the use on development objectives of the Town.
2. Effect of the use on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and public
facilities needs.
3. Effect upon tratfic, with particular reference to congestion, automolive and pedestrian
safety and convenience, traffic flow and control, access, maneuverability, and removal of
snow from the streets and parking areas.
4. Etfect upon the character of the area in which lhe proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
5. Such other factors and criteria as the Gommission deems applicable to the proposed
use.
6. The environmental impact report concerning the proposed use, if an environmental
impact report is required by Chapter 12 of this Title.
Conformance with development standards of zone district
Lot area
Setbacks
Building Height
Density
GRFA
Site coverage
Landscape area
Parking and loading
Mitigation of development impacts
Design Review Board:
Action: The Design Review Board has NO review authority on a Conditional Use
Permit, but must review any a@ompanying Design Review Board application.
The Design Review Board is responsible for evaluating the Design Review Board
proposal for:
Architectural compatibility with other structures, the land and surroundings
Fitting buildings into landscape
Configuration ol building and grading of a site which respects the topography
Removal/Preservation of trees and native vegetation
Adequate provision for snow storage on-site
Acceptability of building materials and colors
Acceptability of roof elements, eaves, overhangs, and other buiHing forms
Provision of landscape and drainage
Provision of fencing, walls, and accessory structures
Circulation and access to a site including parking, and site distances
Location and design of satellite dishes
Provision of outdoor lighting
The design of parks
Town Council:
Actions of Design Review Board or Planning and Environmental Commission may be
appealed to the Town Council or by the Town Gouncil. Town Council evaluales whelher
or not the Planning and Environmental Commission or Design Review Board erred with
approvals or denials and can uphold, uphold with modifications, or overturn the board's
decision.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided and
plans conform to the technical requirements of the Zoning Regulations. The staff also
advises the applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria and findings, and a
recommendalion on approval, approval with conditions, or denial. Staff also facilitates
the review process.
V. APPLICABLE PLANNING DOCUMENTS
TOWN OFVAIL ZONING REGULATIONS
12-9C: General Use District (in part)
l2-9C-1: Purpose:
The general use district is intended to provide sites for public and quasi-public uses
which, because of their special characteistics, cannot be appropriately regulated by the
development standards prescribed lor other zoning districts, and for which development
standards especially prescribed for each particular development proposal or project are
necessary to achieve the purposes prescribed in section 12-1-2 of this title and to
provide for the public welfare. The general use district is intended to ensure that public
buildings and grounds and certain types of quasi-public uses permifted in the district are
appropriately located and designed to meet the needs of residents and visitors to Vail, to
harmonize with surrounding uses, and, in the case of buildings and other structures, to
ensure adequate light, air, open spaces, and other amenities appropriate to the
permitted types of uses.
1 2-9C-3: Conditional Uses:
A. Generally: The following conditional uses shall be permitted in the GU district, subject
to issuance of a conditional use permit in amrdance with the provisions of chapter 16 of
this title:
Child daycare center.
Churches.
Equestrian trails.
Golf courses.
Helipad for emergency and/or community use.
Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical
pharmacies, and ambulance facilities.
Major arcade.
Plant and tree nurseries, and associated structures, excluding the sale of trees or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schools and educational institutions.
Public and quasi-public indoor community facility.
Public buildings and grounds.
Public parking facilities and structures.
Public theaters, meeting rooms and anvention facilities.
Public tourisUguest seruice related facilities.
Public transportation termi nals.
Public utilittes lnstallations including transmisslon lines and appurtenant
equlpment.
Seasonal structures or uses to ac@mmodate educational, recreational or cultural
activities.
Skilifts, tows and runs.
Type lll employee housing units (EHU) as provided in chapter 13 of this title.
Water and sewage treatment plants.
1 2-9G5 : Development Standards:
A. Prescribed by Planning and Environmental Commission: ln the general use
district, development standards in each of the following categories shall be as
prescribed by the planning and environmental commission:
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
5. Site coverage.
6. Landscaping and site development.
7. Parking and loading.
B. Reviewed By Planning And Environmental Gommission: Development standards
shall be propsed by the applicant as a part of a conditional use permit
application. Site specific development standards shallthen be determined by the
planning and environmental commission during the review of the conditional use
request in arcordance with the provisions of chapter 16 of this title.
12-16: Conditional Use Permits (ln part)
1 2-l &l : Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title, specified
uses are permitted in certain districts subject to the granting of a conditional use permit.
Because of their unusual or special characteristics, conditional uses require review so
that they may be located properly with respect to the purposes of this title and with
respect to their effects on surrounding properties. The review process prescribed in this
chapter is intended to assure @mpatibility and harmonious development between
conditional uses and surrounding properties in the Town at large. Uses listed as
conditional uses in the various districts may be permifted subject to such conditions and
limitations as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the Town and
will not be detrimental to other uses or properties. Where @nditions cannot be devised,
to achieve these objectives, applications for conditional use permits shall be denied.
12-1&5: Planning and Environmental Commlssion Action:
A. Possible Range Of Action: Within thirty (30) days of the application tor a public
hearing on a conditional use permit, the planning and environmental commission
shall act on the application. The commission may approve the application as
submitted or may approve the application subject to such modifications or
mnditions as it deems necessary to accomplish the purposes of this title, or the
commission may deny the application. A conditional use permit may be revocable,
may be granted for a limited time period, or may be granted subject to such other
conditions as the commission may prescribe. Conditions may include, but shall not
be limited to, requhing special sehacks, open spaces, fences or walls, Iandscaping
or screening, and street dedication and improvement; regulation of vehicular access
and parking, signs, illumination, and hours and methods of operation; control of
potential nuisances; prescription of standards for maintenance of buildings and
grounds; and prescription of development schedules.
B. Variances: A conditional use permit shall not grant variances, but action on a
variance may be considered concurrently with a conditional use permit application
on the same site. Variances shall be granted in accordance with the procedure
prescribed in chapter 17 of this title.
12-1&8: Permit Approval and Ettect:
Approval of a conditional use permit shall lapse and become void if a building permit is
not obtained and construction not commenced and diligently pursued toward completion
or the use for which the approval has been granted has not commenced within two (2)
years from when the approval becomes final.
VI. SITE ANALYSIS
Zoning: General Use district
Land Use Plan Designation: Public/Semi-public
Current Land Use: Public education facility
The General Use District does not list specific standards for lot area, setbacks, height,
density, site coverage, landscaping, and parking. These items are determined by the
Planning and Environmental Commission through lhe development review process.
VII. SURROUNDING LAND USES AND ZONING
North:
South:
East:
West:
Land Use
Open space
Interstate 70
Residential
Public Park
Zoninq
Natural Area Preservation District
GDOT Right-of-way
High Density Multiple-Family District
Outdoor Recreation District
VIII. CRITERIA AND FINDINGS
The review criteria for a request of this nature are established by the Town Code. The
proposed use is located within the General Use zone district. Therefore, this proposal is
subject to the issuance of a conditional use permit in accordance with the provisions ol
Chapter 12-16, VailTown Code.
A. Consideration of Factors Reqardino Conditional Use Permits:
1. Relatlonship and impact of lhe use on the development
objectives of the Town.
Staff believes thal the proposed cellular site upgrade is compatible
with the existing public school as it is a 'Quasi-public" use which is
described in the General Use zone district purpose slatement which is
found in Section V. In addition to the fact that that this use is listed as
a conditional use for this zone district, staff believes that upgrading
the existing cellular facility in this zone district is consistent with the
development objectives described in the General Use zone districl
purpose statement.
3.
The effect ot the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities, and other public facilities needs.
Staff believes there will be no impact on the above-referenced issues.
Etfecl upon tratfic with particular reference to congestlon,
automotive and pedestrian safety and convenience, traffic flow
and control, access, maneuverability, and removal of snow from
the street and parking areas.
Staff believes there will be little to no impacl on the criteria listed
above based on the applicant's representation regarding maintenance
requirements of a visit approximately twice a month.
Eftect upon the character of the area in which the proposed use
is to be located, including the scale and bulk ot the proposed use
in relation to surrounding uses.
Staff believes the proposed screening wall, which will enclose the
receiving and transmitting equipment, has been designed in a way to
compliment the existing Red Sandstone Elementary School building.
The proposed screen wall and equipment should have little or no
effect on surrounding properties and uses.
The Planning and Environmental Commission has required significant
upgrades to the Solar Vail property with each previous conditional use
permit request. Staff feels that this is appropriate. Staff was unable
to identify any items which needed to be addressed by the applicant;
however, the Planning and Environmental Commission may find it
necessary if they decide to approve this application to place
conditions of approval on this application requiring upgrades or
maintenance of the site.
The Planninq and Environmental Commission shall make the followino
findinos before orantino a conditional use oermit:
1. That the proposed location of the use is in accordance with the
purposes of the conditional use permit section of the zoning code
and the purposes of the High Density Multiple-Family zone districl.
2. That the proposed location of the use and the conditions under
which il will be operated or maintained will not be detrimental to
the public health, safety, or welfare or materially injurious to
properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable
provisions of the conditional use permit section of the zoning
code.
4.
B.
IX. STAFF RECOMMENDATION
The Community Development Department recommends approval of a
conditional use permit, to allow for a the replacement and upgrade of cellular
equipment, located at 545 North Frontage Road (Red Sandstone Elementary
School)/Part of Lot 8, Block 2, Vail Potato Patch 1"' Filing. Staff's
recommendation is based upon the review of the criteria in Section Vlll of this
memorandum and the evidence and testimony presented, subject to the following
findings:
1. That the proposed location of the use is in accordance with the
purposes ol the conditional use permit section of the zoning code and
the purposes of the High Density Multiple-Family zone district.
2. That the proposed localion of the use and the conditions under which
it will be operated or maintained will not be detrimentalto the public
health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
3. That the proposed use will comply with each of the applicable
provisions ol the conditional use permit section of the zoning code.
X. ATTACHMENTS
A. Vicinity Map
B. Reduced copies of the elevation dated July 1, 2003
C. Photo simulations of the proposal
D. Letter from applicant
E. Publication Notice
Attachment: A
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Win an Ac uisitions Inc.
789 Clarkson Street
Denver, CO 80218
#705
Applicant:AT&T Wireless Services. LLC
1 oo1 16th Street
Suite C-'l
Denver. CO 80265
(303) s73-321s
Contact: Rick Sullivan
Co-Applicant: Bechtel Telecommunications
12131 113'nAvenue N.E.
Suite 101
Kirkland, WA 98034
(425) 814-6691
Propertv Owner: Eagle County School District RE-SOJ
757 E. 3'o Street
Eagle, CO 81631Contact: Lynda Ruggeberg
Facllitv Address: Red Sandstone Elementary School
545 N. Frontage Road
Vait. CO 81657
Current Propertv Use:
Contact: Tricia Davis
Aqent: SBA Network Services, Inc. by and through -
Wingspan Acquisitions, Inc.
789 Clarkson Street
Suite #705
Denver, CO 80218
(303) 912-8424Contact: Susan Cunningham, Wingspan Acquisitions, lnc.Co-Agent: Colleen Cousino, Cousino and Associates
Please Note: Susan Cunningham shall be the point of contact for this application
(303) 912-8424 WK
(7201294-1423 FM
Co-Applicant: General Dynamics
1450 Academy Park Loop
Colorado Springs, CO 80910
(719) 785-8753
Contact: John Coooer
Town ol Vail
A Colorado Municipal Corp.
75 South Frontage Road
Vail. CO 81657
Please Note: This is facility is also known as 645 N. Frontage Road, Vail, CO
81657 in the Eagle County Tax Assessor,s records.
CurrentPropertvZoninqDistrict: Public/School
AT&T Wiraless Sorvices, Inc.
Conditional Use Permit Application
DEN2085 - Red Sandstone
Soptember 23, 2003
Public School
Wireless Telecommunications Facilitv
Attachment: D
Paga 1 ol 3
Proposed Use:
AT&T Wireless currently operates wireless telecommunication services in the Vail and Eagle County
communities. To better serve this community and its visitors, AT&T is proposing to upgrade the services
provided by expanding the antennas at the Red Sandstone Elementary School facility.
First, this upgrade shall enhance AT&T'S 91 1 services to your community. In May 1999, the FCC
adopted requirements to improve the ability of mobile phone users to complete 911 calls. The enhanced
91 1 (E91 1) service will improve the reliability of the 91 1 services for mobile phone users and will provide
the emergency services operators with location information on the mobile phone user making the 91 1
call, allowing for faster and more accurate emergency services to the user in distress. These E91 1
upgrades are mandatory to all wireless telecommunications carriers holding certain types of FCC
licenses, including AT&T, and AT&T is pleased to bring this service to your community. Attached to this
application is a FCC Wireless 91 1 Requirements Fact Sheet. Please note that these Eg1 1 antennas are
identified as 'AOA" antennas on the drawings provided with this application. The design upgrade shall
add three AOA antennas to the existing facility, one antenna on each of the three exisiing site sectors.
The specitications of the AOA antennas can be found on the final page of the attached drawings.
Second, this application shall upgrade the AT&T services in the 850 Mhz spectrum. AT&T is mandated
by the FCC under licensing guidelines to provide continuous and seamless coverage to the community
and the clientele it serves. As a result of increasing market demand and caller traffic, AT&T is required to
upgrade its facilities from time to time to maintain continuous and seamless coverage and to provide the
best quality services possible. The design upgrade shall add three 850 Mhz antennas to the existing
facility, one antenna on each of the three existing site sectors. The specifications of the B5O Mht
antennas can be found on the final page of the attached drawings.
The existing AT&T facility located at Red Sandstone Elementary School is a screened facility: the
antennas are shielded from view by a screen which allows the wireless signals to receive and transmit as
necessary. AT&T has designed the facility upgrades to also be shielded from view by this existing
screen. Because the AOA antennas have a larger profile than the existing 850 Mhz and 1900 Mhi
antennas, the screen will have to be increased by two feet above the existing screen height to
accommodate the new AOA antennas. However, this increase has a negligible visual impact io the
overall aesthetics ol the facility, as demonstrated in the photo simulations, specifically shown in the
simulation taken from lnterstate 25. Other than the minor height increase, all modifications to this facility
shall match the existing facility in every respect in terms of color and aesthetic installation. Finally, the
85! It4hz antennas will require the addition of one cabinet of radios to the existing AT&T equipment ioom,
inside the school building. The room is not visible to the public, and it is depicted in the faciliiy site plans.
Overall, this design is highly compatible with the originally approved design in your community.
lmpact on the Town of Vail's development obiectives:
The upgrades proposed at the AT&T Bed Sandstone lacility keep with the spirit and tradition of the
Town's objectives to provide high quality telecommunication services to its community members, while
preserving the visual and aesthetic integrity of the community.
Effect on the Town of Vail's infrastructure and natural resources:
Concealed telecommunications facilities, such as the facility proposed, do not place any adverse stresses
on the infrastructure or natural resources of the communities they serve. The concealed facilities actuallv
strengthen the available wireless telecommunication services in the community, yet they have a very low
impact and burden to the surrounding neighbors and natural leatures.
AT&T Wireless Services, lnc.
Conditional Use Permit Application
DEN2085 - Red Sandstone
September 23, 2003
Page 2 of 3
Effect on trafllc In the Town of Vail:
This is an unmanned telecommunications facility. There will be no increase to the Town's traffic llow,
since the facility, once constructed, shall only need to be serviced on a monthly basis by AT&T's
technicians, on average.
Effect on the character of the area surroundino the proposed use:
The Red Sandstone Elementary has no immediate neighbors that will be adversely impacted. The two-
foot height increase to the overall facility height has a very small impact, even when viewed immediately
adjacent to the actual installation, as seen in the provided photo simulations. There are no neighbors that
have such a view of the sight, since the school itselt is located against a steep hillside.
Conclusion:
AT&T Wireless respectlully requests that the Planning and Environmental Commission approve this
conditional use permit for th€ proposed telecommunications facility upgrades. The proposed upgrades
are mandated, and lhey are crucial to the high quality coverage AT&T now provides to the Vail and Eagle
County communities. AT&T takes pride in its long-term commitment to each community it serves, and
AT&T is pleased to upgrade its system in the Town of Vail, offering the E91 1 services widely anticipated
by the public, while continuing to construct and maintain a superior wireless telecommunication services
system in the country.
AT&T Wireless Services. lnc.
Conditional Use Psrmit Application
DEN2085 - Red Sandstone
September 23, 2003
Page 3 ot 3
WTB/Policy
January 2001
FACT SHEET
FCC WTRELESS 911 REQUTREMENTS
In a series of orders since 1996, the Federal Communications Commission @CC)
has taken action to improve the quality and reliability of 911 emergency services for
wireless phone users, by adopting rules to govem the availability of basic 911 services
and the implementation of enhanced 911 (8911) for wireless services.
BACKGROUND ON WIRELESS 911
The FCC's wireless 911 rules seek to improve the reliability of wireless 911
services and to provide emergency services personnel with location information that will
enable them to locate and provide assistance to wireless 911 callers much more quickly.
To further these goals, the agency has required wireless carriers to implement 8911
service, subject to certain conditions and schedules. The wireless 911 rules apply to all
cellular licensees, broadband Personal Communications Service (PCS) licensees, and
certain Specialized Mobile Radio (SMR) licensees.
BASIC WIRELESS 91I SERVICES
The basic 9l I rules require wireless carriers to transmit all 911 calls to a Public
Safety Answering Point (PSAP) without regard to validation procedures intended to
identi$ and intercept calls from non-subscribers. Under the rules, therefore, both
subscribers and non-subscribers can dial 911 and reach emergency assistance providers
without having to prove their subscription status.
Many wireless 911 calls are made by "Good Samaritans" reporting traffic
accidents, crimes, or other emergencies. Prompt delivery of these and other wireless 911
calls to public safety organizations benefits the public at large by promoting safety of life
and property.
911 CALL PROCESSING PROCEDURES
In May 1999, the FCC adopted requirements to improve the ability of cellular
phone users to complete wireless 911 calls. The 9l I call completion rules are intended to
improve the security and safety of analog cellular users, especially in rural and suburban
areas.
Under the rules, all mobile phones manufactured for sale in the United States after
February 13,2000, that are capable of operating in an analog mode, including dual-mode
and multi-mode handsets, must include a special method for processing 911 calls. When
WTB/Policy
December 2000
a 9l I call is made, the handset must override any progamming that determines the
handling of ordinary calls and must permit the call to be handled by any available carrier,
regardless of whether the carrier is the customer's preferred service provider. Handsets
capable of operating in analog mode must incorporate any one or more of the 911 call
system selection processes endorsed or approved by the Commission.
PHASE I E911 REOTIIREMENTS
As of April l, 1998, or within six months of a request by the designated Public
Safety Answering Point (PSAP), whichever is later, covered carriers are required to
provide to the PSAP the telephone number of the originator of a 911 call and the location
of the cell site or base station receiving a 9l I call. This information assists in the
provision of timely emergency responses both by providing some information about the
general location from which the call is being received and by permitting emergency call-
takers to re-establish a connection with the caller if the call is disconnected.
PHASE II E911 REOUIREMENTS
Wireless carriers are required to provide Automatic location Identification (AlI)
as part of Phase II E9l I implementation beginning October 1,2001, as detailed below.
Originally, the FCC's rules envisioned that carriers would need to deploy network-based
technologies to provide ALI. In the past several years, tlere have been significant
advances in location technologies that employ new or upgraded handsets. ln September
1999, the FCC revised its rules to better enable carriers to use handset-based location
technologies to meet the Phase II requirements. In particular, the FCC established
separate accwacy requirements and deployment schedules for network-based and
handset-based technologies. Ia August 2000, the FCC made minor adjustments to the
deployment schedule for handset-based technologies. The E9l I Phase II requirements
are as follows:
. Handset-Based ALI Technology: Wireless carriers who employ a Phase II location
technology that requires new, modified or upgraded handsets (such as GPS-based
technology) may phase-in deployment of Phase II subject to the following
requirements:
o Without respect to any PSAP request for Phase II deployment, the carrier shall:
l. Begin selling and activating All-capable handsets no later than October l,
2001;
2. Ensure that at least 25 percent of all new handsets activated are All-capable
no later than December 3 I, 2001 ;
3. Ensure that at least 50 percent of all new handsets activated are All-capable
no later than June 30,2002: and
4. Ensure that 100 percent ofall new digital handset activated are All-capable
no later than December 3I.2002 and thereafter.
WTB/Policy
December 2000
5. By December 31, 2005, achieve 95 percent penetration of All-capable
handsets among its subscribers.
r Once a PSAP request is received, the carrier shall, in the area served by the PSAP,
within 6 months or by October 1,2001, whichever is later:
l. lnstall any hardware and/or software in the CMRS network and/or other fixed
infrastructure, as needed, to enable the provision of Phase II E91l service; and
2. Begin delivering Phase II E911 service to the PSAP.
Network-Based ALI Technoloev: As of October 1,2001, within 6 months of a PSAP
request, carriers employing network-based location technologies must provide Phase
II information for at least 50 percent of the PSAP's coverage area or population.
Within 18 months of a PSAP request, carriers must provide Phase II information for
100 percent ofthe PSAP's coverage area or population.
ALI Accuracy Standards: The FCC adopted the following revised standards for Phase
II location accuracy and reliability:
. For handset-based solutions: 50 meters for 67 percent of calls, 150 meters for 95
percent ofcalls;
o For network-based solutions: 100 meters for 67 percent of calls, 300 meters for 95
percent of calls.
. ALI Implementation Plan Report: The FCC required wireless carriers to report their
plans for implementing E9l I Phase tr, including the technology they plan to use to
provide caller location, byNovember 9,2000. This report was aimed at providing
information to permit planning for Phase II implementation by public safety
organizations, equipment manufacturers, local exchange carriers, and the FCC, in
order to support Phase II deployment by October 1, 2001.
coNpITIONS FOR ENTTANCED 911 SEBVICES
The E911 Phase I requirements, as well as certain of the Phase II requirements,
are applicable to wireless carriers only if the adminisffator of the designated PSAP has
requested the service and is capable of receiving and utilizing information provided. In
November 1999, the FCC revised its E9l I rules to remove the prerequisite that a cost
recovery mechanism for wireless carriers be in place before carriers are obligated to
provide E9l I service in response to a PSAP request. The PSAP must have the means of
covering its costs of receiving and utilizing the E9l I information, however, in order to
make a valid request for 8911 service. The FCC's rules do not mandate any specific
state action nor specify any particular mechanism for funding the tecbnology and service
capabilities necessary to enable the PSAP to make a valid service request.
WTB/Policy
December 2000
IMPLEMENTATION OF 911 ACT
In August 2000, the FCC adopted an Order to implement the Wireless
Communications and Public Safety Act of 1999 (9l l Act), enacted on October 26,1999.
The purpose of the 911 Act is to enhance public safety by encouraging and facilitating
the prompt deployment of a nationwide, seamless communications infrastructure for
emergency services that includes wireless communications. The FCC initiated the
implementation proceeding to address the provisions of the 9l I Act and to fuIfilI the
Congressional mandates set forth therein. Specifically, in the Order adopted in August
2000, the FCC took the following initiatives:
. designated 911 as the universal emergency telephone number within the
United States for reporting an emergency to appropriate authorities and
requesting assistance, effective upon Augrrst 29,2000;
. sought comment on appropriate transition periods for areas in which 911 is
not currently in use as an emergency number, as well as on service area-
specific circumstances and capabilities that must be addressed before carriers
can deploy 9l I as the uniform emergency number; and
r sought comment on how the FCC should facilitate states' efforts to deploy
comprehensive emergency communications systems - for example, through
guidelines, meetings, or other information-sharing measures - in a manner
that does not impose obligations or costs on any person.
The 911 Act also added provisions dealing specifically with wireless location
information to 47 U.S.C. $ 222,the section of the Communications Act that govems
treatment of customer proprietary network information (CPNI) and subscriber list
information (SLI). The Commission expects to initiate a proceeding to interpret and
clarify these provisions in early 2001.
THIS ITEM MAYAFFECT YOUR PROPERry
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Vail Town Code on,
October 27,2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of:
A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to
allow for a garage addition, located at 1956 West Gore Creek Drive/Lot 45, Vail Village West 2nd
Filing.
Applicant: David lruvin
Planner: Matt Gennett
A requeslfor a sign variance pursuant to Section 1148.-20, Window Signs, and Section 114A-
1, Signs Permitted in Zone Eistrict, Vail Town Code, to allow for additional signag6 for Bogart's
Ba_r and Bistro, Iocated at 143 East Meadow Drive, Unit 165 (Crossroads)/Loi P,Elock 5D; Vail
Village 1" Filing.
Applicant: A. Luc Pols
Planner: Matt Gennett
A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town
C_o{e, to allow for a public utility and public services use, located at 50'l North Frontage Road
(Solar Vail Condominiums)/ Lot 8, Block2, Vail Potato patch 1't Filing.
Applicant: Nextel, represented by Glen Klocke
Planner: WarenCampbell
A request for a conditional use permit, pursuant to Section '12-9C-3, Conditional Uses, Vail Town
-- .J Code, to allow for a public utilities installation, located at 545 North Frontaqe Road (Red
$' Sandstone Elementiry School)/Part of Lot 8, Block 2, Vail Potato Patch l"YFiling.ZEI Applicant: AT&T Wireless Services, Inc.
Planner: WarrenCampbell
A request for a minor subdivision pursuant to Chapter 134, Minor Subdivision, Vail Town Code,
to allow for the replatting of property boundary amendments, located at 2965 & 2975 Manns
Ranch Road, Lots 5 & 6, Block 1, Vail Village 13h Filing.
Applicant Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates
Planner: Bill Gibson
A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Code, and a
variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All
Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at
862 South Frontage Road WesVUnplatted. (A complete metes and bounds legal description is
available for review at the Town of Vail Community Development Department).
Applicant: Vail Resorts
Planner: Elisabeth Eckel \04'07
gn\'I
\
Attachment: E gA
il
tl.u, r,ffi
TOl,liN OT liA]try
E Rezoning $1300
tr Major Subdivision $1500
tr Minor Subdivision $650
O Exemption Plat $650
n MinoiAmendmenttoanSDD $1000
E New Sp€cial Development District $6000
tr Major Amendment to an SDD $6000
tr Major Amendment to an SDD $1250
(no exterior modifi@tions)
Application for Review bY the
Planning and Environmental Commission
Deoartment of Commun'rty Development
zS Sorth Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 faxi 970.479'?452' web: www.ci.vail'co.us
General Information:
All prolects requiring Planning and Environmental commission review must receive approval prior to submitting a
building permit apptication. ;d; il;;;;il; t"utitttr requirements for.the particular approval that is requested'
An application for ptanning anJEnvironmental commission review cannot be accepted ungl all required information
is received by the community-oevetopment Department. The project may also need to tre reviewed by the Town
Council and/or the Design Review Board'
Type of APPlication and Fee:
X Conditional Use Permit
' tr Floodplain Modification
tr Minor Exterior Alteration
tr Major Exterior Alteration
tr DeveloPment Plan
E Amendment to a Development Plan
tr Zoning Code Amendment
E Variance
tr Sign Variance
\o o
$6s0
$400
$6s0
$800
$1s00
+zJU
$1300
$s00
$200
L
Location ofthe Proposal: Lot:Bl*rl-2-tuo61u1t1on, VA lL
Physical Address:
Name(s) of Owner(s): fOU^rU OF V ptt-
Name of APPlicant:
Mailing Address:
uNl4
E-mail Address:
Owner(s) Signature(s
3o3: 1Ii--VZl
tr&,g.tllivzn@a*vta'u' t.* 2o3: 57?'-?LJL:
*?vr*s€STIJD AIJ-
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1b-aq'
Paee I of5-01/18/02
NJ 9rt6-f n1
SEP25M3
14N
EAGLE COUNTY SCHOOL DISTRICT RE sOJ
P.O. BOX 740 . EAGLE, COLORADO 81631 . (970) 328-6321 . FAX (970\ 328-1024
I, Karen Strakbein, as agent for the Eagle County School District, a joint owner of the property
located at 545 North Frontage Road, Vail, Colorado, provide this letter as written approval of the
plans that have been submitted to the Town of Vail Community Development Department for the
proposed improvements to be completed at the address noted above. I understand that the
improvements include:
. Installation ofthe 15 coax cables. Installation ofgrounding for antennas and coax
. Modiffing the existing antenna screen. Installation of antennas for E-91 I and 850 mhz service
I further understand that minor modifications may be made to the plans over the course of the
review process to ensure compliance with the Town's applicable codes and regulations. I
authorize Susan Cunningham as agent to act on behalf of the Eagle County School District to
complete any and all necessary planning and permitting to accomplish this site modification.
Sincerely,
g'
DateKa/en Strakbein
Eagle County School District
, f ,
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AT&T Wireless Services, Inc'
Conditional Use Pemit Application
DEN2085 - Red Sandstone
S€otember 23, 2003
1 Sonnenalp Properties, Inc.
20 Vail Road
Vail, CO 81657
RE APN #: 2101-063-02-011
2 Town of Vail
C/O Finance Department
75 S. Frontage Road
Vail, CO 81657
RE APN #: 2101-063-02-004
3 Dolores M. Swatik QPR Trust
Donald S. & Dolores M. Swatik, Trustees
25 Grace Avenue
Sufton, MA 01590
RE APN #: 2101-063-16-009
4 Town of Vail
C/O Finance Department
75 S. Frontage Road
Vail, CO 81657
RE APN #: 21 01 -063-08-O12
c Vail Corporation
PO Box 7
Vail. CO 81658
RE APN #: 2101-063-08-004
6 Town of Vail
C/O Finance Department
75 S. Frontage Raod
Vail, CO 81657
RE APN #: 2101-063-08-003
7 James W. Zetler, Trustee
Richard F. Partridge
1 1 844 165th Road North
Jupiter, FL 33478
RE APN #: 21 O1 -063-12-001
8 Edward S. & Raeann B. LamPert
420 S. Forest Street
Denver, CO 80246-8110
RE APN #: 2101 -063-1 2-002
9 Albert C. & R. Christie Hanna
541 Deming Place
Chicago, lL 60614
RE APN #: 2101-063-12-003
10 Charles F. & Lorraine S. Wachendorfer
548 S. Frontage Road 104
Vail, CO 81657
Page 1 ol 12
, NOTICE LIST
RE APN #: 21 01 -063-12-004
11 Roger R. & Victoria A. Marce
2120 Encanto Drive SE
Phoenix. AZ 85007
RE APN #: 2101-063-12-005
12 Robert H. Hoy, Jr.
1107 Rim Road
ElPaso, TX 79902
RE APN #: 2101-063-12-006
't3 Robert A. Wainger
7910 Los Pinos Circle
Miami, FL 33143
RE APN #: 21 01 -063-12-007
14 El Vinart Co.
C/O Solvin Gordon
10832 Barnwood Ln.
Potomac, MD 20854
RE APN #: 2101-063-12-008
15 Alfred & Sally A. Litwak
3637 County Road 106
Elizabeth, CO 80107
RE APN #: 2101-063-12-009
16 Jeffery O. & Pamela M. Holbrook
17513 Pope Dale Road
Louisville, KY 40245
RE APN #: 21 01 -O63-12-010
17 Joseph E. & Maureen C. Laurin
788 Zamia Court
Boulder, CO 80304
RE APN #: 2101-063-12-011
18 Judah S. & Victoria S. Berkowitz
421 Black Horse Road
Chester Springs, PA 19425
RE APN #: 2101 -063-12-012
19 Donald L. & Judith E. Meier
548 S. Frontage Road 209
Vail, CO 81657
RE APN #: 21 01 -063-12-013
20 Walter C. & Dawn M. Yeates
1396 Birchwood Drive
Mississauga
Ontario, Canada L5!1T2-
AT&T Wireless Services, Inc.
Conditional Use Permit Applicalion
DEN2085 - Red sandstone
September 23, 2003
Page 2 ol 'l.2
, NOTICE LIST
RE APN #: 2101 -063-12-01 4
21 Elkay Partnership
1425 Longs Peak Drive
Ft. Collins, CO 80521
RE APN #: 2101-063-12-015
22 Richard A. & Mary Jo Froberg
Steven M. Fischer
Paula M. Denissen
PO Box 276
Wolcott, CO 81655
RE APN #: 2101-063-12-016
23 WendiHill
3159 Nelson Road
Longmont, CO 80503
RE APN #: 2101 -063-12-017
24 Donald L. & Judith E. Meier
548 S. Frontage Road
Vail, CO 81657
RE APN #: 2101-063-12-018
25 Roger R. & Victoria A. Marce
2120 Encanto Drive, SE
Phoenix. M 85007
RE APN #: 2101-063-12-019
26 Steven M. Fischer
Paula M. Denissen
PO Box 276
Wolcott, CO 81655
RE APN #: 2101 -063-12-O20
27 Jacks Rental, Inc.
6642 W. 26th Street
Berwyn, lL 60402
RE APN #: 2101 -063-12-021
28 Loretta Law Peterson
171 Kimberly Lane
Lake Forest,lL 60045
RE APN #: 2101 -063-12-022
29 Beedie Investments, Inc.
5337 Maplewood Place
Downers Grove, lL 60515
RE APN #: 210't -063-12-O23
30 Johnson Properties, LLC
221 Broadway _
AT&T Wireless Services, Inc.
Conditional Use Permit Application
DEN2085 - Red Sandslone
September 23, 2003
Page 3 of 12
. NOTICE LIST
Denver. CO 80203
RE APN #:. 21 01 -063-12-024
31 Macs Association, LLC
C/O Susan Congalton
1500 N. Lake Shore Drive
Chicago, lL 60610
RE APN #: 21O1 -O63-12-025
32 Edward J. & Janet S. DavenPort
205 W. River ParkwaY
Champlin, MN 55316
RE APN #: 2101 -063-12-026
33 Jeanna M. Holm
Norma M. Loeser
2707 Thyme Drive
Edgewater, MD 21037
RE APN #: 21 01 -O63-12-027
34 Paul G. Edenbaum
11807 Forum HillCourt
Potomac, MD 20854
RE APN #:. 2101 -O63-12-028
35 Robert T. & Betty L. Jacklin
6644 West 26th Street
Berwyn, lL 60402
RE APN #: 21 V -A63-12-029
36 Mark K. & Natalie J. Johnson
35 Polo Club Circle
Denver, CO 80209
RE APN #: 2101-063-12-030
37 Beedie Investments, Inc.
5337 Maplewood Place
Downers Grove, lL 60515
RE APN #: 2101-063-12-031
38 Oakah L. Jones, Jr.
Christopher A. Jones
C/O Oakah L. Jones, Jr.
1435 Wagontrain Drive, SE
Albuquerque, NM 871234299
RE APN #i 21 01 -063- 1 2-032
39 Albert L. & Judith Lichtmann
1104 DunawaY Drive
McLean, VA 2210'l
RE APN #: 2101-063-12-033
AT&T Wireless Services, Inc.
Conditional Use Permit Application
DEN2085 - Red sandstone
September 23, 2003
Page 4 ol 12
NOTICE LIST O
AT&T Wireless Services, Inc.
Conditional Use Permit Application
DEN2085 - Red Sandstone
September 23, 2003
40 R. Christie Hanna
541 W. Deming Place
Chicago, lL 60614
RE APN #: 2101 -063-12-O34
41 Robert L. Edenbaum, Trustee
8703 Burning Tree Road
Bethesda. MD 20817
RE APN #: 2101-063-12-035
42 East Beach Corporation
PO Box 915
Road Town Tortola
British Virgin lslands
RE APN #: 2101-063-10-001
43 Aaron Fechter
47 W. Jefferson Street
Orlando, FL 32801
RE APN #: 2101-063-10-002
44 Timothy G. & Nancy H. Cook
5845 Riverside Drive, NW
Atlanta. GA 30327
RE APN #: 2101-063-10-003
45 Robert W. & Kay Hedger
1013 N. East Avenue
Oak Park, lL 60302
RE APN #: 2101-063-10-004
46 Barry M. Friedman, Trustee
10403 Clayton Road 218A
St. Louis, MO 63131-2900
RE APN #: 2101-063-10-005
47 Vail Valley Rentals, LLC
140 Fairfax
Denver, CO 80220
RE APN #: 2101-063-10-006
48 R. Mark Jesuroga
Phyllis Walsh
1304 5'n Street
Golden, CO 80403
RE APN #: 2101-063-10-007
49 Lidia Saniuk
575 Main Street, APt. 1701N
NewYork, NY 10044
Page 5 of 12
. NOTICE LIST
RE APN #: 2101-063-10-008
50 Leah K. Lozier
909 15'h Avenue E.
Seattle, WA 98112-3909
RE APN #: 2101-063-10-009
51 Vantage Point
Vail Condominium Association
508 E. Loinshead Circle
Vail. CO 81657
RE APN #: 2101-063-10-010
52 Kathy S. & Nancy A. Rollnick
5293 S. lronton Way
Englewood, CO 80111
RE APN #: 2101-063-10-011
53 Ralph F. & Patricia G. Silversmith
2552E. Alameda 15
Denver, CO 80209
RE APN #: 21M -A63-10-012
54 Joseph Mayerick, Jr.
Mary Lou Mayerick
25 Mountain View Road
West Redding, CT 06896-1316
RE APN #: 2101-063-10-013
55 lda E. Karnas
760 Murrell Drive
Dayton, OH 45429
RE APN #: 2101-063-10-014
56 Stephen R. & Catherine A. Lauring
2924 Hillsview West
Roseville, MN 55113
RE APN #: 2101-063-10-015
57 Jay Nathan
Carol Willams
24 Lloyd Point Drive
Huntington, NY 11743
RE APN #: 2101-063-10-016
58 John C. CourtneY, lV
Mary Lou Courtney
1 136 Fountainview Drive
Houston, TX 77057
RE APN #: 2101-063-10-017
59 L.F. Anderson
PO Box 811
AT&T wiroless Services, lnc.
Conditional Use Permit Appllcation
DEN2085 - Red Sandstone
SeDtember 23, 2003
Page 6 of 12
. NOTICE LIST
Hastings, NE 68902
RE APN #: 2101-063-10-018
60 Edward & Christine H. Wundrum
831 N. Washington Street
Wheaton,lL 60187
RE APN #: 2101-063-10-019
61 Philip M. & Karen D.S. Holbert
9346 N. Corral Lane
Castle Rock, CO 80104
RE APN #: 2101-063-10-020
62 Daniel G. & Jennifer L. Miller
505 Tewa Court
DelMar. CA 92014-2850
RE APN #: 21 01 -063-1 0-021
63 George W. & Doris J. Kmetz
1820 Schneider NW
North Canton , OH 44720
RE APN #: 2101 -063-10-022
64 My Vantage Apt, Inc.
3802 NE 207 Street, 2602
Aventura, FL 33180
RE APN #: 2101-063-10-023
65 Thomas J. Klutznick. Trustee
900 N. Michigan Avenue, Ste 2050
Chicago, lL 60611
RE APN #: 2101 -063-10-024
66 Vantage Point
Vail Interval Owners Association
C/O Alpenglow PropertY Mgmt
PO Box 178
Avon, CO 81620
RE APN #: 2101-063-10-025
67 Tekna KG. LLC
6310 W. Bluemound Road
Milwaukee. Wl 53213
RE APN #: 2101-063-10-026
68 Susan Cahill
Leroy Carver
508 E. Lionshead Circle 307
Vail, CO 81657
RE APN #: 2101 -063-10-027
69 Lloyd M. Garland
AT&T Wireless Servlces, Inc.
Conditional Use Permit Application
DEN2085 - Red Sandstone
Seotember 23, 2003
Page 7 ol 12
' NOTICE LIST
2108 Topeka
Lubbock, TX 79407
RE APN #: 2101-063-10-028
70 Arlo E. & Susan H. Ellison
6 Harbor HL
Westport, CT 06880
RE APN #: 2101-063-10-029
71 Theresa Gwen Hubbard Trust
Thomas K. Winngden
Ronald J. Gafford
3535 Travis Street 300
Dallas, TX 75204
RE APN #: 2101-063-10-030
72 John A. Harper Trust
John A. & Margaret G. Harper,
Co-trustees
PO Box 1579
Pauma Valley, CA 92061
RE APN #: 2101-063-10-031
73 Garth R.D. Tait
1880 Arapahoe Road, Ste 2101
Denver, CO 80202
RE APN #: 2101-063-10-032
74 Brain F. & Paula T. Hughes
PeterW. Weum
5504 W. 66'n Street
Edina. MN 55439
RE APN #: 2101-063-10-033
75 Amanda Outerbridge
Cover Drive
3 Fairylands Road
Pembroke, Bermuda HM06
RE APN #: 2101-063-10-034
76 Jose Antonio & Candace Ann Diaz-LLaneza
201 Brawley Harbor Place
Mooresville, NC 28117
RE APN #: 2101-063-10-035
77 Sonia Kaufman Trust of 1998
Beverly A. Kaufman Living Trust
150 Monaco ParkwaY
Denver, CO 80220-5956
RE APN #: 2101-063-10-036
78 Nancy A. Gregg
3820 Rockview Court
Duluth, MN 55804
AT&T Wireless Services, Inc.
Conditional Use Pemit APP|icaton
DEN2085 - Red Sandstone
september 23, 2003
Page I of 12
NOTICE LIST O
AT&T Wlreless Services, Inc.
Conditional Use Permit Application
DEN2085 - Red Sandstone
seDtember 23. 2003
RE APN #: 2101-063-10-037
79 Robert J. Piro, Trustee
Carolyn Landen
1400 Post Oak Blvd 600
Houston, TX 77056
RE APN #: 2101-063-10-038
80 Clementina W. Hawksley, Trustee
Sorin Eremia
Susan R. VanHolten
1572 Jessamyn Court
Riverside, CA 92506
RE APN #: 2101-063-1'l-001
B1 Sharon K. Fleischer
1645 Cambridge Drive
Lebanon. PA 17042
RE APN #: 2101-063-11-002
82 Kurt & Cathy Koehler
2500 Signal Hill Road
Springfield, OH 45504
RE APN #: 2101-063-11-003
83 Kurt & Cathy Koehler
2500 Signal Hill Road
Springfield, OH 45504
RE APN #: 2101-063-11-004
84 Mitchell B. & Sharon SheinkoP
2328 N. Cleveland
Chicago, lL 60614
RE APN #: 2101-063-1 1-005
85 Vantage Point
Vail Interval Owners Association
C/O Alpenglow Property Mgmt
PO Box 178
Avon. CO 81620
RE APN #: 2101-063-11-006
86 Vantage Point
Vail lnterval Owners Association
C/O Alpenglow Property Mgmt
PO Box 178
Avon, CO 81620
RE APN #: 2101-063-11-007
87 Timothy R. & Nancy H. Pickrel
2121 Highland Avenue
Louisville, K( 4O2O4
RE APN #: 21 01-063-1 1-008
Page I of 12
NOTICE LIST
88 Kurt & Cathy Koehler
2500 Signal Hill Road
Springfield, OH 45504
RE APN #: 2101-063-11-009
89 Kurt & Cathy Koehler
2500 SignalHill Road
Springfield, OH 45504
RE APN #: 2101-063-11-010
90 Vantage Point
Vail Interval Owners Association
C/O Alpenglow Property Mgmt
PO Box 178
Avon, CO 81620
RE APN #: 2101-063-11-011
91 C.R & M.D. Monnich
5731 Caladium Drive
Dallas, TX 75230
RE APN #: 2101-063-11-012
92 Vantage Point
Vail lnterval Owners Association
C/O Alpenglow Property Mgmt
PO Box 178
Avon. CO 81620
RE APN #: 2101-063-1 1-01 3
93 Vantage Point
Vail lnterval Owners Association
C/O Alpenglow Property Mgmt
PO Box 178
Avon, CO 81620
RE APN #: 2101-063-11-014
94 Kurt & Cathy Koehler
2500 Signal Hill Road
Springfield, OH 45504
RE APN #: 2101-063-1 1-015
95 Vantage Point
Vail Interval Own€rs Association
C/O Alpenglow Property Mgmt
PO Box 178
Avon, CO 81620
RE APN #: 21 01-063-1 1-016
96 Robin Leach
729 Oenoke Ridge
New Canaan, CT 06840
RE APN #: 2101-063-1 1 -O17
97 Robert C. & Beverly G. Hess
17714 Horse Creek Court
AT&T Wlreless Services, lnc.
Conditional Use Permlt ApPlication
DEN2085 - Red Sandstone
september 23, 2003
Page 10 of 12
NOTICE LIST
Chesterfleld, MO 63005
RE APN #: 2101-063-11-018
98 Jane R. & Edwin G. Furtner
Revocable Living Trust
508 Lionshead Circle
Vail, CO 81657
RE APN #: 2101-063-1 1-01 9
99 HAI Properties SE
PO Box 6097
San Juan, PR 00914-6097
Puerto Rico
RE APN #: 21 01 -063-1 1-020
100 Vantage Point
Vail Interval Owners Association
C/O Alpenglow Property Mgmt
PO Box 178
Avon. CO 81620
RE APN #: 2101-063-1'l-021
101 Marvin Zelkowitz
3235 Vollmer Road, Ste 110
Flossmoor, lL 60422
RE APN #: 2101-063-1 1 -O22
102 J.C.E. Investments, Inc.
396 Rodi Road
Pittsburgh, PA 15235-3307
RE APN #: 2101-063-1 1-023
103 Marvin & Lynn C. Zelkowitz
3235 Vollmer Road, Ste 110
Flossmoor, lL 60422
RE APN #: 21O1 -063-1 1 -024
104 MiguelAlbert
630 Leucadendra Drive
Miami, FL 33156-2332
RE APN #: 2101-063-1 1-025
105 Kenneth A. Freedman
11838 S. Western Avenue
Chicago, lL 60643
RE APN #: 2101-063-11-026
106 Vantage Point
Vail lnterval Owners Association
C/O Alpenglow Property Mgmt
PO Box 178
Avon, CO 8't620
RE APN #i 2'101-063-11-027
AT&T Wireless Services, Inc.
Condltlonal Use Permit Appllcation
DEN2085 - Red Sandstone
Seotsmber 23, 2003
Page 11 ot 12
NOTICE LIST
AT&T Wireless SeMces, Inc.
Conditional Use Permit Application
DEN2085 - Red Sandstone
Seotember 23, 2003
Page '12 ot 12
Department of Community Development
75 South Frontage Road
Vail. Colorado 81657
970-479-21 38
FAX 970-479-2452
utww.ci.vail.co.us
AT&T Wireless Service
c/o Susan Cunningham
789 Clarkson Street #705
Denver, CO 80218
October 13,2003
Re: Proposed AT&T cellular equipment changes on Red Sandstone Elementary School building/Lot 8,
Block 2, Vail Potato Patch
Ms. Cunningham,
I am sending this letter to inform you of several comments staff has received regarding your application
and to clarify meeting dates so that you can put them on your calendar in order to attend the meetings.
Your conditional use application was received on September 25, 2003, which places you on the
October 27,2003 Planning and Environmental Commission meeting agenda. Your proposal has been
scheduled for the October 27,2Q03 meeting which begins at 2:00 in the Council Chambers.
After looking at your application I found that you have not submitted a design review application for the
proposed changes to the wall heights on the screening for the equipment. Within the Twon of Vail a
proposal such as yours requires design review by the Design Review Board. I am attaching a copy of
the design review application. The nexl submittal deadline is October 27, 2003, for scheduling on the
November 19, 2003, Design Review Board agenda. Essentially submit the same materials you
submitted for the Conditional Use Permit application. You do not need to provide mailing envelopes.
The Design Review Board will be reviewing color selection and manner by which you are screening the
equipment.
The Fire Department has commented on your new design by stating that none of the materials should
be combustible around the equipment on the roof. Please provide information on the type of material
you propose to use to screen the enclosure.
Please review these comments and if you have any questions regarding this letter please contacl me at
970-479-2148.
with
{l)*uv
Planner ll
Cc:File
{Su"ouo"uo
Design Review Board
ACTION FORM
Departnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
webr www,ci,vail.co.us
Project Name: AT&T Cellular (RedSandstoneSchool) DRB Number: DRB030473
Project DescripUon:
Replacement and upgrade of o<isitng cellular equipment located on the roof of the Red
Sandstone Elementary School. Increase in the height of the exisitng screenwall by 2 feet.
Participants:
OWNER EAGLE COUNTY SCHOOL DIST RE 10/2U2003 Phone:
PO BOX 740
EAGLE CO
81531
License:
APPUCANT AT&T WIRELESS SERVICES,INC I0|2U2OO3 Phone: 303-573-3212 FAX
1OO1 16TH STREET SUITE C-1
DENVE& CO
303-s73-3215 80265
License:
Project Address: 551 N FRONTAGE RD WEST VAIL Location: west of RSES
Legal Description! Lot: 8-A Block: 2 Subdivision: VAIL POTATO PATCH
Parcel Number: 210106302013
Comments: See@nditions
BOARD/STAFF ACTION
Mouon By: Action: STAFFAPR
Second By:Vote: DateofApprovalt LOl28l20O3
Conditions:
@nd:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Planner: Warren Campbell DRB Fee Paid: $250.00
0ct-l3-03 01:03prn Fron-T0ffi 0F VU0HUfl ITY DEVEL0PIEiIT 970479?452 T-611 P.003/0t1 F-70S
,,-ffi Application for Design Review
Dep8rtrnent of Community tla/elopment
75 sorfi Fronbge Road, Vail. Colondo 81657
E: 970.479.2L39 tax; 970.a79.2452
web: www.d.rail,co,us
General Information.'
Al prqjecc requiring deslgn rwievv must reaeive appoval prior to submlfring a building p€rmft applffiion, Please
refer to the subm'rthl rtquirements fur tfie partiqjlar apPla\ral drat is requested. An applicabbn for Design Revieav
€nnot be accepted until all required infurfiatim is received bV ttle gommunity Developrnent Department- The
projed may also need to be rarkwed by the Tovrrn Guncil and/or thc Plannino and E rircnmenbl Commission,
Design review Epprural laFECs unless E bualding permit ai irs||ed and consEsction common€ within
one year of tlre rpproyel,
Lgcetionof tfioPrcposal: Lon 8 Bluk: 2 subdivision; YAlllPo-rAt-o ?nrieA prurl/6r
Physical Address:
Parcel No.:(Conhct Eagle Co. Assessor at 970-328-8640 for parcel no.)
zoning:
Name(s)of owner(s): -l-alr.t op VAtl
Mailing Address;
Owner(g) Signetule(s):
Malling Address;
Phone {2aD - vztS
E-mail Address:51b -
rick . trll\vi*ffi!)s.bnl ruWE gF+lD
AP?L|ZA^.T-toNType of Review
tr SiEn3
iTr"" **t.00 persqulrefrorofbrEt sisn area. fo: T{"fri$ffH,,
g6s0 Forcorr*nrctionofanerrrbuildlngordemo/rebulld. DEnlyg<' b g!?'P.
$300 fur an addition where square fuot 9e is a*led to any residential o, G*Yt7-844
ommercial building (inducks 250 addfions & intcriqr canversions). lyl,bil{-,,$250 For minor dnnges to buildings and gibe impro\rements, sudr as, - H2D\?4r1-l4Drerodng, paifldng, windovr additims, landscaping, lE ces and \a'F/-''
retaining urallq &. +o+$20 tur minor cftenEs to buildin$ rnd sitc impro\remenG, sudl as,
rerooflng, painting, window additions, landscaping, funces and
retrininq walls, etc.
$20 For revisions to plans already approvEd by Plsnnlng SrbtT or the
Dcsiqn R€{riew Board,
Fee:
AU-6RgfrIML
tr
tr
tr
Conceotral Revierv
Ns,v Consbudi0n
Addition
d-Minor Ahention
(muld-lhmlly/commerEial)
E Mlnor AlcraHon
(dnglefamily/duphx)
tr Chang€E to ApprorGd Plans
Desdiption of the Requect:
EtErherlrAa/,3L1760t-
Name of ApPlicenti
Q.bo3 - 0'1"3
EAGLE COUNTY SCHOOL DISTRICT RE sOJ
P.O. BOX 740. EAGLE, COLORADO 8163r o (970) 328{321 . FAX (970) 328-Lo24
I, Karen Strakbein, ari agent for the Eagle County School Distict, a joint owner of the property
located at 545 North Frontage Road, Vail, Colorado, provide this letter as written approval of the
plans that have been submitted to the Town of Vail Community Development Department for the
proposed improvements to be completed at the ad&ess noted above. I understand that the
improvements include:
. Installation ofthe 15 coax cables
. Installation ofgrounding for antennas and coa:<
. Modifying the existing antenna screen
. Installation of antennas for E-911 and 850 mhz service
I further understand that minor modifications may be made to the plans over the course of the
review process to ensure compliance with the Town's applicable codes and regulations. I
authoriie Susan Cunningharn as agent to act on behalfofthe Eagle County School District to
complete any and all necessary planning and permitting to accomplish this site modification.
Sincerely,
q^
DateKa/en Strakbein
Eagle County School District
0ct-13-03 01;01prn FrorT0[fl Ol Vfmtn DEVEL0PIEIIT
Ec!!|!Ee.E!3q!ilE
N/A
PROPIOSED I'IATERIATS
TYD€-Pf l.labqig!
0701r92{52 T-61r P.008/011 F-700
Color
Roof
slding
Other Wall Matenlals
Fasch
Sofifrts
Windovus
WindowTrim
Doors
DoorTrim
l-land or Deck Rails
Flues
Flashlng
Chimneys
Trash Enclosures
Greenhouses
Rebining Walls
B<terlor Lighting
Other
Notef:
NJ/[
lLa+nt, e"e+;+S (*e ?*,*)
Nt'
lt/ L
rt/A
N/e
il/A
rv/a
ru/n
xt /t
r.l/n
rrla
Please specify the manufEcturcl's name, the color nam€ and number and ffich a color chip.
All billdi-ry*ubeials Anial, color= w:ll niLe!'L-.Il.z. *tabi3a,rJ,.
e+weat! &q* (zview b"a'A -(.ttWa
Pase 6 of LAoUOilU
*'3 * t * ** ** ** ** t * ** * * ***t + + * + +'+*+ +++**tt I i + + ** + ++ ** *+ * ** * * * * ** ** 't **** f,* *'t'r'l't f '|****** * **** * * ***
TOWN OF VAIL, COLORADOCopy Reprinted on 10-21-2003 at 07:15:39 l0l2l/2003
Stat€m€nt
ff | * tf* r**+*++ +++ + + **f,+*+ + t+*++ +++***+ + +**** **{r**** * t**r r *r*** ***r***fffrf * +***++a++tt**++*+
gtatement Number: R030004968 Arnount: $250.00 lO/2L/200307:15 Alit
Pa)rment Method: Check Init: DF
Notation: #1342 SUSAII
CT,NNINGIIAIT{
Permit No: DR8030473 TlEe! DRB-Minor AIt, Comm/Multi
Parcel No: 2101053 02 013
SiIe Address: 551 N FROilMAGE RD I{EST VAIIJ
Location: west of RSES
Total Fees: $250.00
This Payment: $250.00 Total ALL Pmts: $250.00
Balance: 90.00
* * *** *** * f** ***t**** *t*i+ I t+f*+ +*+*+t'* * ***** * **l* *'t *'l** * * ****** **** ***f l+t + +++**+++**f'}l +**+
ACCOI.JNT ITEM LIST:
Account Code Description Current ftnts
DR OO1OOOO31122OO DESIGN REVIEW FEES 250.00
uisitions
789
Win nAc
Warren Campbell
Town of Vail
Department of Community Planning
Susan Cunningham
Agent for AT&T Wireless Services, Inc.
October 18,2003
DEN2085 - Red Sandstone - DRB Application Materials
(303) 912-E424 WK
(7201294-1423 FAX
FROM:
DATE:
RE:
Hi Warren,
I have included the following:
1) DRB application completed - needsa) Town manager signatureb) 1 Copy of the Letter of Authority tor the Eagle County School District - my copy if in Denver and
lam in Columbia, MDc) 1 Copyof the 11" x lT" plansforthis application - lgaveyou all the 11" xlT"andthe 24"x36"
ordered for the PEC application. I have included a set of 8.5" x 11" since I have the PDF files here.
2) DRB Fee*. PLEASE SEND ME A RECEIPT FOR THIS APPLICATION TO 413 WILCOX STREET, CASTLE
ROCK, CO 80104. I won't be able to get relmbursed from AT&T without it. I dldn't have enough
time to order a check for the fee.
3) Statement of intent for the DRB application, noting what isn't included and why
4) Eagle County Tax Assessor Record for the Red Sandstone parent property
5) The title report for the parent property
6) 8.5"x1'1"setotCDs
71 1 set of the photo sims for every view submitted for the PEC application. - These are my final set of
the photo sims, so if you need more, theyll have to be in black and white.
This should cover everything you requested. Please do not hesitate to call me if you need anything else.
I am researching the material combustibility for the screening. I will provide a statement in writing, likely
by email to you, to answer that question this week. I cannot imagine it will be anything remarkable, since
we are using the same materials originally approved through the first application, which did not get a fire
department llag.
I am happy to work with you on anything else needed. Take care!
Aopllcant:
Co-Applicant: Bechtel Telecommunications
12131 113rh Avenue N.E.
Suite 101
Kirkland, WA 98034
(425) 814-6691
Win NA
The Proiect Backqround
AT&T Wireless Services, LLC
1oo1 16'n strEet
Suite C-1
Denver, CO 80265
(303) 57s-3215
Contact: Rick Sullivan
(303) 912-8424 WK
(720') 294Jt423FAX
Co'Aopllcant General Dyramics
1450 Academy Park Loop
Colorado Springs, CO 80910
(719) 785-8753
Contact: John Cooper
Town of Vail
A Colorado Municipal Corp.
75 South Frontage Road
Vail, CO 81657
. Contact: Tricia Davis
Aoent: SBA Network Services, Inc. by and through -
Wingspan Acquisitions, Inc.
789 Clarkson Street
Suite #705
Denver, CO 80218
(303) 912-8424Contact: Susan Cunningham, Wingspan Acquisitions, Inc.Co-Agent: Colleen Cousino, Cousino and Associates
Please Note: Susan Cunningham shall be the point of contact for this application
Prooertv Owner:Eagle County School District RE-50J
757 E. 3'd Street
Eagle, CO 81631
Contact:Lynda Ruggeberg
Facllitv Address: Red Sandstone Elementary School
545 N. Frontage Road
Vail, CO 8'1657
Please Note: This is facility is also known as 645 N. Frontage Road, Vail, CO
81657 in the Eagle County Tax Assessor,s records.
CurrcntPropertvZonlnqDlstrlct: Public/School
Current ProDertv Use:Public School
Wireless Telecommunications Facility
AT&T Wirsless SeMces, Inc.
Deslgn R€view Board Applioation
DEN2085 - Red Sandstone
Octob€r 18, 2003
uisitions
Page 1 ot 2
The Proiect Statement of lntent
Proiect Desiqn:
The AT&T design shall make only minor alterations to the existing facility installation on the Red
Sandstone Elementary School building. The design shall raise the height of the existing screening by two
feet, and the screening shall be made of the same materials and painted the same color to match the
existing screening, which is permitted under the current design review board approval of this site.
There shall be no noticeable changes or impacts to the tollowing listed application considerations:
1) Survev Reouirement - This facility upgrade shall not change the placement or expand the
foot print of the existing facility, so as to necessitate a survey review of the impact to the
parent parcel. The only noticeable change to the facility shall be the two-loot height increase
to the existing concealment screening, which shall be reviewed by the Town of Vail Planning
and Environmental Commission through the Conditional Use Permit application previously
submitted on this facility upgrade and scheduled to be heard at 2:00 PM on the October 27,
2003 docket.
2) Gradino Plan Requirement - This modification shall be upgrading the existing facility, located
on the rooftop of the Red Sandstone Elementary School building. There shall be no
upgrades made to anything on the ground, which would require a grading plan.
3) Landscaoinq Plan Reouirement - This modification shall be upgrading the existing facility,
located on the rooftop of the Red Sandstone Elementary School building. There shall be no
upgrades made to anything on the ground, which would require a landscaping plan.
4) Liohtino Plan Requirement - This lacility upgrade shall not change any of the existing service
lighting, which would require a lighting plan.
5) Prooosed Materials - All materials to upgrade the screening, which is the visible portion of
the facility, shall match the existing, previously approved materials and color selections by the
Design Review Board for the existing facility. AT&T has not submitted any additional design
materials for review for this reason. The substantial portion of the upgrade to this facility shall
happen behind this concealing screen, which is scheduled to also be reviewed by the Town
of Vail Planning and Environmental Commission.
6) Utilitv ADoroval and Verilication - This facility upgrade shall use the existing utilities currently
approved lor the existing facility. No changes to these utilities have been proposed.
Therefore, AT&T has not obtained any additional approvals for this upgrade, as no new
utilities are being request€d.
Conclusion:
AT&T Wireless respectfully requests that the Planning Department complete a Statf Approval of this
Design Review Board application. The upgrades shall not aftect the visual aesthetics of this facility,
leyond the height increase, previously described and to be reviewed by the Town of Vail Planning and
Environmental Commission.
The proposed upgrades are mandated, and they are crucial to the high quality coverage AT&T now
provides to the Vail and Eagle Gounty communities. AT&T takes pride in its long-term commitment to
each community it serves, and AT&T is pleased to upgrade its system in the Town ol Vail, offering the
E91 1 services widely anticipated by the public, while continuing to construct and maintain a superior
wireless telecommunication services system in the country.
AT&T Wireless SErvioes, Inc.
D€sign Review Board Applicetion
DEN2085 - Red Sandslone
october 18. 2003
Page 2 ol 2
04t28t03
01:50PM
o
Property
Eagle County,Assessor
Rqcord Card for Account Rffi8739 as of version 2fi)30419000
o
Mngtz0/.D3
Page: I
EAGLE COIJIYTY SCHOOL DIST RE sO.J
PCr BOX 740
EAGLE
co.8163l
Account: R00E739
Comply r
TaxArea: SCl03
Acresl
Parcel: 210106302013
Situs A.ldrcar:
OMAIs FROMAGE RD
VAIL
Yalue By:
:coB
VALUE SUMMARY
MICA
3,596,250
1976 YEAR - 19?6
2O25I POTATO PATCH COND.
9MO EXEMPT
22OO VAJL CORE COMMERCIAL
LEGAL DESCRIPTION (May not be complete)
DESC: RED SANDSTONB ELE. SCHOOL
EFT-YEAR-BLT
TJNIT-PRICE
XFOD CODE
Overridc
0
0Total Yalue: 3,596,250
ABS|TRACT-CODE
DEPOI
MIGIIBORIIOOD
USE-CODE
SI'PER-NBM
SI'BCODE
xroE_uNtts
TOTAL AREA:
Classification
EXEMPT.POLITICAL SD.IM
EXTRA FXATIJRE DATA
)ff'OB Occurrence I
9249 EXEMPT.POUTICAL SD.IMPS. BI'II,DING NO O BUILDING-NO
1976 EFF-YEAR.BLT
999OOO UNIT-PRICE
1300 scHoolJ BRICK
HEATED
VALUE
3,596,250
ACTUAL
35,352.000
35,352.0m
RAIT
101.73
EFFXC'ITVE
Asscsed Vdue
1,042,910
I,H2,910
ABSTRACTSUMMARY OYerride
Actrnt Yalu6
3,596,250
3,596,250
FOOTPRINT
OYerride
Assecsed Value
1,042,910
1,(X2,910
Code
9249
Total
Actual Yaluc
3,596,?50
3,s961s0
o
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Date: 0549-2003
hoperty Address:
545 (AKA 645) N. FRONTAGE RD.
OurOrderNumber: VC50000?68
(RED SANDSTONE ELEMENTARY SCHOOL) vArL, CO 81657
WINGSPAN AQUISITIONS, INC.
7E9 CT.ARKSON
UNIT 705
DENVER, CO 80218
AtM: SUSAN CUNNINGHAM
Phone: 303-863-9861
Fax: 720-294-1423
EMail : susancunningham@frii.com
Sent Via Fax
Fom OEtIVERY
--
[and Title Guarantee Gompany
YouR coNTAcrs Date: 0549-2003
OurOrderNumber: VC50000768
Property Address:
545 (AKA ft5) N, FRONTAGE RD.
Buyer/Borrower:
TO BE DETERMINED
Seller/Owner:
TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION
If you have any inquiries or require further assistance, please contact one of the numbers below:
For Closing Assistance:For Title Assistance:
Vail Title Dept.
Karen Biggs
108 S. Frontage Rd. W. #203
P.o. Box 357
Yail. Co 81657
Phonez 970-476-2251
Fax:. 9704764534
Email: Kbiggs@ltgc.com
Need.a m?p or directio_ns foryolr up-coming closing? Check out Land Title's web site at www.ltgc.com
for dirgctions to any of our 40 ollice locations.
ESTIMATE OF TITLE FEES
TBD Commitment $250.00
tt*$2s0 .00
Form COIqIAC?THANK YOU FOR YOUR ORDER!
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Chicago Title Insurance Company
ALTA COMMITMENT
Schedule A
hoperty Address:
545 (AKA 64s) N. FRONTAGE RD.
l. Effective Date: April 15, 2003 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
'TBD" Commitment
Proposed lnsured:
TO BE DETERMINED
Our OrderNo. VC5000076S
Cust. Ref.:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple \
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION
5. The land referred to in this Commitment is dccribed as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
oo
Our OrderNo. VC50000268
TEGAL DESCRIPTIOIII
A PORTION OF LOT 8, BLOCK 2, VAIL/POTATO PATCH, A SUBDIVISION RECORDED IN BOOK
233 AT PAGE 629, OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER'S RECORDS,
SAID PORTION OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGININNG AT THE SOUTHEASTERLY CORNER OF SAID LOT 8 WHICH IS A POINT ON THE
NORTHERLY RICHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE SOUTHERLY
ALONG SAID NORTHERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 200.93 FEET ON A
3990,0 FOOT RADIUS CURVE TO THE LEFT, WHOSE CENTRAL ANCLE IS 2 DEGREES 53
MINUTES 07 SECONDS AND WHOSE CHORD BEARS S. 82 DEGREES 36 MINUTES 28 SECONDS W.
A DISTANCE OF 200.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONC SAID NORTHERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 562.56 FEET ON SAID
3990.0 FOOT RADIUS CURVE TO THE LEFT, WHOSE CENTRAL ANCLE IS 8 DEGREES 04
MINUTES 42 SECONDS AND WHOSE CHORD BEARS S. 77 DECREES 07 MINUTES 33 SECONDS W.
A DISTANCE OF 562.09 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 8; THENCE N.
11 DEGREES 17 MINUTES 22 SECONDS W. ALONG THE WESTERLY BOUNDARY LINE OF SAID
LOT 8 A DISTANCE OF 413.05 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE S.
86 DEGREES 16 MINUTES 09 SECONDS E. ALONG THE NORTHERLY BOUNDARY LINE OF SAID
LOT 8 A DISTANCE OF 629.66 FEET; THENCE S. 0 DEGREES 07 MINUTES 12 SECONDS A
DISTANCE OF 238.85 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE. STATE
OF COLORADO.
oo
Our OrderNo. VC50000768
LEGAL DESCBIPTION
A PORTION OF LOT 8, BLOCK 2, VAIL/POTATO PATCH, A SUBDIVISION RECORDED IN BOOK
233 AT PAGE 629, OF THE EACLE COUNTY, COLORADO, CLERK AND RECORDER'S RECORDS,
SAID PORTION OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BECININNG AT THE SOUTHEASTERLY CORNER OF SAID LOT 8 WHICH IS A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE SOUTHERLY
ALONG SAID NORTHERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 200.93 FEET ON A
3990.0 FOOT RADIUS CURVE TO THE LEFT, WHOSE CENTRAL ANGLE IS 2 DECREES 53
MINUTES 07 SECONDS AND WHOSE CHORD BEARS S. 82 DECREES 36 MINUTES 28 SECONDS W.
A DISTANCE OF 200.91 FEET TO THE TRUE POINT OF BEGINNINGT THENCE CONTINUING
ALONG SAID NORTHERLY RIGHT OF WAY LINE AN ARC DISTANCE OF 562.56 FEET ON SAID
3990.0 FOOT RADIUS CURVE TO THE LEFT, WHOSE CENTRAL ANGLE IS 8 DEGREES 04
MINUTES 42 SECONDS AND WHOSE CHORD BEARS S. 77 DEGREES 07 MINUTES 33 SECONDS W.
A DISTANCE OF 562.09 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 8; THENCE N.
1I DEGREES 17 MINUTES 22 SECONDS W. ALONG THE WESTERLY BOUNDARY LINE OF SAID
LOT 8 A DISTANCE OF 413.05 FEET TO THE NORTHWESTERLY CORNER THEREOF; THENCE S.
86 DEGREES 16 MINUTES 09 SECONDS E. ALONG THE NORTHERLY BOUNDARY LINE OF SAID
LOT 8 A DISTANCE OF 629.66 FEET; THENCE S. 0 DEGREES 07 MINUTES 12 SECONDS A
DISTANCE OF 238.85 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE
OF COLORADO.
oo
ALTA COMMITMENT
ScheduleB-Sectionl
(Requirements) Our Order No. VC50000?68
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Item (b) Proper instrument(s) crcating the estate or interest to be insured must be execured and duly filed for record,
to-wit:
Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
THIS COMMITMENT IS FOR INFORMATION ONLY. AND NO POLICY WILL BE ISSUED
PURSUANT HERETO.
oo
ALTA COMMITMENT
ScheduleB-Section2
@xceptions) Our Order No. VC50000768
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
l. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shonage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by taw and
not shown by the public records.
5. Defects, liens encumbrances, adverse claims or olher matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office.
7. Liens for unpaid water and sewer charges, if any..
8. In addition, the owner's policy will be subject to the mortgage, if any, troted in Section I of Schedule B hereof.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUCUST 15.
1935. IN BOOK 93 AT PAGE I78.
IO. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION,
OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED MARCH 05, 1974, IN
BOOK 233 AT PAGE 628 AND AS AMENDED IN INSTRUMENT REIORDED SEPTEMBER 24,
1975, IN BOOK 24I AT PAGE 950.
1I. EASEMENTS, RESERVATIONS, AND RESTRICTIONS, AS SHOWN OR RESERVED ON THE PLAT
OF VAIL/POTATO PATCH RECORDED IN BOOK 233 AT PAGE 629.
12. TERMS, CONDITIONS AND PROVISIONS OF LEASE TO EACLE COUNTY SCHOOL DISTRICT
RE 5OJ RECORDED SEPTEMBER 29. 1975 IN BOOK 242 AT PAGE 52.
13. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC.
IN INSTRUMENT RECORDED JANUARY 20. 1983, IN BOOK 352 AT PAGE 39I.
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMEI{TS
Note: Pursuant to CRS l0-11-122, rrotice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Cenificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regardiog special districts and the boundaries of such districts may be obtained from
the Board of County Corunissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document thar
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the title entiry conducts the closing and is responsible for recording or filing of legal
documents resulting from fte transaction which was closed". Provided that Land Title Cuarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documents from the transactioo, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance witb the following conditions:
A) The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or townhouse unit.
B) No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic's and material-men's liens.
D) The Company must receive payment of the appropriate premium.
E) If there has been construc[ion, improvements or major repairs undenaken on the property to be purchased
within six months prior to the Date of the Commitment, the requirements to obtain coverage
for unrecorded liens will include: disclosure of certain construction information; financial information
as to the seller, the builder and or the contractor; payment of the apprdpriate premium fully
executed Indemnity Agreements satisfactory to the company, and, any additional requirements
as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS l0-l l-123, notice is hereby given:
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, gas, other mirterals, or geothermal energy in the propeny; and
B) That such mineral estate may include the right to enler and use the property without the
surface owner's permission.
This notice applies to owner's policy commitments containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fuliy satisfied.
form 0lSCLoSURE 09/01102
oo
JOINT NOTICE OF PRIVACY POLICY
Fidelity National Financial Group of Companies/Chicago Title Insurance Company and
Land Title Guarantee Company
July l, 2001
We recognize. and respect.the privacy expectations of today's consumers and the requirements of applicable federal and
stale pnvacy.laws. we Deheve that. malong yo.q.a^ware 9f llow. qe use your non-pub_lic personal informarion ("Personal
rnrormatton ), 4no to wnom lt ls Olsctosed, wrll torm tbe Dasls tor a relatlonshlp of trust between us and the oublic
that we serve. T\is Privqcy Statement provides that. explanation. we reserye thd righr to change this privicy' ----
Jmremenr rrom trme to tlme conslstent wllb appllcable pnvacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
* From applications or other forms we receive from you or your authorized representative;* From your tra$tactions with, or from the services 6eing pi:rformed by, us, our affiliates, or others;- From our lnternet weD sttes:* Fro.qr rhe public record-l maintained by governmental entities that we either obrain direcrly from those
enutres. or lrom our atrtllates or otners: and* From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We maintain physical, electronic and procedural safeguards to prorecr your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only 16 those employees who need such access in
connection with providing products or services to you or for other l'egitimate busineis purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may slare your Personal Information with our affiliates, such as in_surance companies, agents, and other real
estate settlement service providers. We also may disclose your Personal Informatiori:
* to ag€nts, brokers or representatives to provide you with services you have requested;* to third-pany contracto-is or.service providers who provide servicris or perforni mark6ting or orher
ruDctrons on our Denall: and* to others with whom we enter into joint marketing agreements for products or services that we believe you
may find of interest.
In addition, we will disclose your Personal lnformation when you direct or qive us Dermission. when we are reouired
by law to do so, or when we suspect fraudulent or criminal aciivities. We alio may disclose your Personal
Information when otherwise permined by applicable privacy laws such as,_ for exahple, wheir disclosure is needed
ro enrorce our ngnrs aflsrng out ot any agreement, transactron or felatlonshlp wlth you.
One of the imponant responsibilities of some of our affiliated.companies is to record documents in the public
domain. Such documents may contain your Personal Information.
Right to Access Your Personat lnformation and Ability to Correct Errors Or Request Changes Or Deletion
Certain states afford you_ the righr to access your Personal Information and] under cenain circumstances, to find out
to whom your Personal Informarion has been disclosed. Also, certain srares afford you the risht to reouist
correction, amendme_nt or deletion of your Personal Informarion. We reserve the riijht, wherE permitt0d by law, to
charge a reasonable fee to cover the crists incurred in responding to such requests. -
All.requests submitted.to. the Fidelity.Na-tional.Financial Group of Companies/Chicago Title Insurance Company
shall be in writing, and delivered to'the following address:
Privacy Compliance Officer
Fideliiv National Financial, Inc.
4050 Calle Real. Suite 220
Santa Barbara. CA 931 10
Multiple Products or Services
If we provide yog wjth more than one financial. product or service, you may receive more rhan one privacy notice
rrom us. we apotoglze lor any rnconvenlence thls may cause you.
Fofm PRtV.POL.CHI
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TOWN OF VAIL
75 S. FRONTAGEROAD
vArL. co 81657
970-479-2138
OWNER
CONTRACTOR
APPLICAICT
Occupancy:
Type Construction:
Type Occupancy:
Valuation:
Fireplace lnformation: Restricted:
Building-.2
Plan Check->
lnvestigation->
will ca[->
EAGI-,E EOUNTY SCHOOI,
PO BOX 740
EJAGI.E CO
81531
License:
DEPARTMENT OF COMMUI{il DEVELOPMENT
.Ua.^\ "-(..(iPJ*(-{rC-trr1 z.
RsEBNOTE: THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES
ADD/ALT COMM BUILD PERMT
Job Address: 551 N FRONTAGE RD WEST VAIL
Location.......: RED SANDSTONE ELEM. SCHOOL
ParcelNo....: 210106302013
ProjectNo. : PRJ00-0318
Drsr RE 0L/L8/2OO2 Phone:
MOUMTATN WTRET,ESS CONTRACTOROT / L8 / 2002
948 SAITIDA WAY
AURORA, CO
80011
License z 245-9
MOI'MIATN WTRET.,ESS COTTTRjACTOR 01- / 18 / 2 O 02
948 SAI-,IDA WAY
AI]RORJA, CO
I0 011_
T-,icense z 245-8
Permit #: 802-0006
Status . . .
Applied. .
Issued . . ,
Expires . . .
: ISSUED: 0l/18/2002: 0r/24/2002: 07/23/2002
Phone:303-343-5544
Phone:303-343-6544
Desciption:
Remove antennas & conduit from roofand replace in
different locations.
EI EI
Il l-hr Type II l-Hour
??
$ss,000.00
# ofcas Appliances: 0
S515 . o0 Restuarant Plan Review->
93 34 .75 DRB Fee----------->
90. 00 Recreation Fee-->
$3.00 Clean-uPDePosit->
TOTAL FEES------------->
Total Calculated Fees->
Additional Fe€s->
Total Permit Fee->
Add Sq Ft:
# ofcas togs: 0 # of Wood Pellet: 0
FEE SUMMARY
so. 00
$1OO.0O
s0 .00
$0.00
t9S2.1s
$9s2 . ?s
9?s.00
$1, 02? . ?s
$1, 027 . ?5
so. 00
Approvals:Item: 05100 BUIIJDING DEPARTMEI\II
ot/23/2OO2 CDAVTS Action:
Item: 05400 PLANNING DEPARTMEIiII
01/2L/2002 ao Action:
Item: 05500 FIRE DEPARII{ENI
Item: 055O0 PUBLIC WORKS
AP
AP
BALANCE DUE->
PAGE 2
't'}{t'},}+*****'|.****++|*****:|t:}*'|++*,t*'}'}*'}**'}'}**,}:f*'}:|'*'}*'|*+'+***'}'}'***|****'}*i'**{t*+*tt**li*|t*******
CONDITIONS OF APPROVAL
Permit #: B02-0006 as of 0l-24-2002 Status: ISSUED
'}***++*'t***:t't:}*:t'++*'t***{.'}***++{t,}*'*'}*,}***'}**'i'|*'t:|*'}*dt{'++****'}:*'}****!t't**,t,**'t'***t}!t*,t****'|t****
Permit Type: ADD/ALT COMM BUILD PERMT Applied: 0lll8/2002
Applicant: MoUNTAIN WIRELESS CONTRACTORS Issued: 0112412002
303-343-6544 To Expire: 07/23/2002
Job Address: 551 N FRONTAGE RD WEST VAIL
Location: RED SANDSTONE ELEM. SCHOOL
ParcelNo: 210106302013
Description:
Remove antennas & conduit from roof and replace in
different locations.
Conditions:
Cond: I
(FIRE): FIRE DEPARTMENT APPROVAL IS REQUIRED BEFORE ANY
WORK CAN BE STARTED.
Cond: l2
(BLDG.): FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR CODE
COMPLIANCE.
Cond: CON0005168
All equipment must be screened and painted to match
existing building.
See page 2 cif this Document for any conditions that may apply to this pcrmit.
DECLARATIONS
I hereby acknowledge ftat I have read this application, filld ort in full the information requircd completed an accurate plot plarl
and state that all the information as required is correct I agree to comply wift fte information and plot plan, to comply with all
Town ordinances and state laws, and to build this stucture according to the tovms zoning and suMivision codes, design review
approved Uniform Building Code and other ordinances of the Town applicable thereto.
REQTJESTS FOR INSPECTION SHALL BE MADE TWENTY:FOUR HOT,,RS IN ADV
Scrd Clratr-rp ltcporit To: N/A
TUREOF CONTRACTOR FOR HIMSELF AND OWNET
47$2138 OR AT OUR OFFICE FROM 8:00 AM - 5 PM.
o\i
l.\
Fon
By:
ProjeaNumben
Project Location:
^/r 3/* r
I STRUCTT]RAL CALCI]LATIONSfub
odr#?i'diipv
z/ts/o1
CSAi
Charles Steckly Architecturg Inc.
9142 West Ken Carly Avenue
Littletoq CO 80214
303-932-9207
KRT Engineering
Ken Thompson PE
2171 South Trenton WaY
Denver, CO 80231
30375S3315
feo Se,rdstc *4 &.e, 4 f{f o ts E-
6!t ,r/, F4a*r4e, R>. t )
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7I
I
Subject:
Date:+ -1 Sheetz ,/aF L
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AppucATroNO,-,- not BE AccEprED rr rn.o"r.t* un,7,7r Project #:
Building Permit #:
97 0-479-2149 (Inspections)
75 S. Fronttee Rd.Vail, Colora-do 81557
Conbd at 97tt-visit for Parcel SP*d# 4to t 06 s aprntS
robName: 47/7 w, rF)e:s:," o*'** ss ",,' nar/*r,r, Pd
Legal Description Lot: ( flaucr:@' t fuLil: Q,b,rvoaiui,ion,
ArchitecflDesig"t ll.S r-
Address; 7 ) 7 encn."r.u.fr,frTr=
'ful.ts'tt t /(/u) t,*tl ZD
tFu,c) /+/1
7rfli;
Work Class:Remodel ('lt? JtrilNew ( )' Addition (iz)) Repair( )le{V,
^'.rr
r, ".1' t/ ),t4)r
Work Type: Intenbr ( ) Exterior p, ) Both ( )ol} an ellMAttris rocauon: v"s i I- nro tF
tye"
"f
Bldr.' S"rl
ruo.!2ff[Ofn units in tt'tt Ur',iroing, 1
-"r*t" "tt'-",".* ( ) wood Burninq rrorffi
Yes0.) No( )
Does a Fire Alarm Exist;
COMPLETE VALUATIONS FoR BUILDING PERMIT (Labor & Materials)
ELECTRICAL:g td,oOo OTHER: $
PLUMBING: $MECHANICAL: $ rQ, ooo"o roTAL: $ 15] <, OoO*
REFLJND CLEANUP DEPOSIT TO:
CONTRACTOR INFORMATION
Genenl Contractor:
.
W\o'.r-^,nrr+.,r O .glg-Q*-..
Town of Vail Reg. No.:
\tita'l 5 - B
Contact and Phone #k
€o.".-o-t ttq. spr^ _ 3o3-5.{3- 6S.tIContractor Signatuib: ffi
******************&*****+**************FOR OFFICE USE ONLY*************************************
F./everyoo€/brmvbldgperm
JAN I ? 2M2
8l0l 210t wc. 3lt l|t*215+B
TOWilOFVATL
COI{TRACTOB
HowrAT{ utREtEss co[rRAcroRs, IW.
91t S LIOA UAv
AlrRoRA, C0 t00tl
Joan No{;zn
APPFOVED BY
\\
Ittttt/
LIBERTY
Wi.attrrlti(orPotatrd.
Juuary 16,2A02
TownOfVail
Dept. of Community Development
75 South Frontage Road
Vail, Colorado 81657
RE: AT&T Wreless Services
Red Sandstone School Site
Zoning ortension request
Atm: JudyRodriguea
Dear Judy:
I wurt thank you for taking the tirne today to help me get on the right track to finally get
thg project at R€d Sandstone underway and completed
On betulf of our client AT&T Wireless Services, we are requesting an ertension on t1e
zoning approved November 2000. would you please sitend it through November 2002.
Should you need further assistrn€e in this matter please feel free to contact me whenever
necessary. Thanks!
C€ll 72A-244-4E89
Phone 303-791-E279Fax 303-791-1552
THE l au,rABLE llr,,x_Drric
730 lTth siREEr sut'e $s DENVE& COLORAOO 80?02300/53.k99t rdt53+6992
v .r\./.Iberi!,u/ie.cgm
oo
-,---.2 /Date >/"o/"j
t,
i=,nn Review Action tt
TOWN OF VAIL
Category Number
Project Name:
Building Name:
Owner, Address and Phone:
@
Architecvcontact, Address and Phone:
l)^ta
Project Street Address:
:Lot ( Block r2 Zone District 6 U
commenrs: 4,.,, ll.,l ,.t"' '1,.,1,u^ t? 5q oso (E)G) ' tu, . h,- " l'^1, l:",".,'.
-J.,,.t 1 )..o r. ll ., .,r.( r>,,,a,.# c..- Je ,- {*,e U r..-'$,""*'t... io,t<or r,z r^'- rc':o,^'r.ra
Motion by:
Board / Staff Action
Vote:
Seconded by:
E Approval
! Disapproval
f,$aftApprovat
Conditions:
o.r"' >'nr/o?
J
DRB Fee rr.-r^
i
LIST OF PROPOSED MATERIALS
BUILDING MATERIALS:TYPE OF MATERIAL:COLOR:*
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Dcck Rails
Flues
Flashings
Chinmeys
Trash Enclosurcs
Greenhouses
Retaining Walls
Exterior Lighting**
Other
Rq'Vi e''t 8o4f b
* Please specify thc manufacturer's color, number and attach a small color chip
** All exterior lighting must meet the Town's Lighting Ordinance 18.54.050(J). If exterior lighting is proposed,
ptease indicate the number offixtures and locations on a separate lighting plan. Identiff each frxture type and provide
lhe height aboue grade, lumens output, lundnous are4 and attach a cut sheet ofthe lighting fixturcs.
Sa7/o5r<{ A/ .
Ru,tll e,'t 8o4ED
JOHN HEFTY . SUPERINTENDENT
Encm CouNrv ScHoor- Drsrnrcr RE 50J
PO. BOX 740 . FAGLE, COLORADO 81631 . (970) 328-6s27. FAX (970) 328-7024
March17,1997
Planning Officers
Town of Vail
I I I South Frontage Road
Vail, CO 81657
Re: Chainlink Fence at Red Sandstone Elemenlary Playground
Gentlemen,
The faculty at Red Sandstone Elementary School have requested that a fence be installed
at the lower terraced area ofthe school playground. Safety is the top priority ofthe School
District. This request is made because children have tripped and/or fallen over the edge ofthe
terrace, especially when they come offthe slide.
We propose to erect a chainlink fence to minimize this danger. The fence will be vinyl-
coated with a color to blend in with the landscape, and follow the curvature of the retaining wall
to match the existing structure. It will be six feet (6') high with the lower two feet six inches
(2'6") placed in front of the retaining wall. When completed, approximately three feet six inches
(3'6") of fence will extend above the wall. (See enclosed picture for proposed location.)
We also propose to add one more layer of stone at the top of the lower terrace wall.
These stones will keep the gravel in the playground area, and offthe grass area below.
I thank you for your time and assistance with this request. Please call me at the District
Construction Office if you have comments, or need further information. The telephone number
is 926-5701, and the facsimile number is926'5675.
Sincerely,
Enclosure
cc: Nancy Ricci, RSES Principal
Lee Mekelburg, Proj ecflVl-er
for J.T. Berga & Company
LM:ee
tt
TOWN OF VAIL RECEr.rT NO,
-\o_ - .._ Tr'x_ __ cosT n - , TsmLl
T{fldh| C}F LJFI I1_
lliscel laneous Cash
,ll E3-?1-?i Et'Y: 58 : 41
F:*ceipt * :28'-134
il Flccaunt + r-:li # lELrl
"1, T. FEREfl a.tlFlE FEE
I ( l-lrtr,:,r,rn t. t*rrd* red 3 ':ff. E6
ffmoun t paid
I
Item paid
-TTT
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R D"L.:.^;'21rl'totnt
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmential Commission
Department of Community Development
November27,2O0O
?!l-fOO- oStS
3ysA-o66G
3R306 6oqs
PZc 6 o oo4.
R E<- oo ooo J
This proposal involves the removal of 5 existing "omni" antennas and the placement of anew antenna screen structure upon the existing roof of Red Sandstone Sihool. Thescreen structure urould enclose 16 antennas including 4'omni" antennas. ln conjunaionwith this tefecommunication equipment, the applicantls proposing to add a hewtra.nljormqr, a new generator, and a newair iondilioning unit in Jose proimity to theexisting AT&T equipment room. Gas and electrical coni'uit coax caoti duct, and catuline would be installed or relocated as necessary but painted b match the existing --
buifding. The tetecommunications equipment on ne ioof woulo be screened witfi amodular antenna scrEen, whose colorwoutd match the existing building. The new air-conditioning unit, generator, and transformerwould be screene-d someihat ov eiistinsvegetation.
A request for a conditional use permit, to allow for the installation of wirelesstelecommunications facirities, rocated at ssl N. Frontage nu_iiJ sindstoneElementary Schoof/Lot 8, Vail potato patcfr Filing 1.
Applicant AT&TWireless services, represented by R.c. porrell, Liberty wirestarPlannec Ann Kjerulf
order of Review: Genenily, applications will be rcviewed frtst by the pEC foracceptability of use and then by the DRB for compliance of proposed buitdings and siteplanning.
The PEC is responsible for evafuating a proposal for:
1. Relationship and impact of he use on development objectives of the Town.
2- Effect of the use on light and air, distribution of population, transportation
facilities, utilities, sctrools, parks and recreation iacilities, ano ottier puLtic
facilities and pubtic facitities needs.
il.
Action: The PEC is responsibte ror approtnt/denial of conditional use permits
lv.
A.GONSIDERATION OF FACTORS:
1.
2.
The subject property is zoned "General Use.' This zone district alfows "public utilities
i:::111r-rTl_"lqil,q transmission tines and appurtenant equipment," subject to n"-rssuance of a condiUonal use permit. Staff believes this proioled use is a compatibleaccessory to the established use on the site. Staff believes this use is consistent withthe Town's development objectives.
TItg effect..of tlre usg on liolt distribution of.oo,putatiqnr transportation facilites.qtilities. schools. parks and recreation
Staff believes this use uould have a positiveiTp?"t upor1t," above-listed facitities byimproving telecommunications services in the Vait area. Federal law(relecommunications A_ct of 1996) prohibits fonal zoning aunoriuei irom regulation ofenvironrnentdl effects of telecommunication facitities oaieo on raoL irequency 6F)emissions. Staffdoes not anticipate any negative impacts on Cre alove.listed facilitiesfrom this proposal.
Eff-"gt upo.n ffaffi" wth p"ttigt"f tef.ren". to cgnoertion. automotive
"nd
pedesfiansafe& anO gonuenience.,traqg Rotlv tofsnow from the street and parkino areas.
Staff does not believe that the proposed use would negatively affect the believes that theabove-listed facilities.
osed use is to be located.in"ludino th" "*1" "nd
brlk of th. o.
staff believes.that the proposed antenna screen strucfure would have a negligibleimpact upon the cfiaracter of the area inctuding the scale and bulk of this structure inrelation to sunounding usgi: The proposed generator, air-conditioning unit, andtransformelwould be partialty screened uy eiisting vegetation Out stiil-witfrin public viewhence, staff believes that additional screening srrouru be required.
FINDINGS
The Flanninq al9 Environmentif Commission shalt make the foflowino findinos b.f.Borantino a conditional use oermit:
That the proposed location of the use is in accordance with the purposes of theconditional use permit section of the zoning code and the purposes of the district inwhich the site is located.
That the proposed location of the use and the conditions under which it would beoperated or maintained would not be detrimental to the public health, safety, or welfareor materially injurious to properties or improvements in the vicinity.
That the proposed use would comply with each of the applicable provisions of theconditional use permit section of the zoning code.
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February 2o, rrl|r/. c0llil4. Oill DtpI
!!r. Ken Hughey
Town of Vail
75 South Frontage RoadVail, Colorado 81657
RE: conncacoleat Date for the rrease Eotr.atr DeDlrer c.llulrtrelepbone conlany and Eagle courty gcbool Distriat RE-Soir, thegite bel.ng addrese€al as Red Sanditolc ceIl sit.
Dear Ken:
This letter is t_o notify you of the conrnencement date, as perParagraph 3 noted as Term in the executed lease. prease acclptNovenber 1, 1991 as the rrcornmencement Date' for the said lease.
November 1, 1991 sharl be the date we will use for the anniversarydate and beginning of the Term of this lease.
Attached is the November, December, January and February rentalpalzment for the rease. please be advised that, should your- addresschange or should any ownership changes occur, we should be notifiedimmediately to assure pronpt pa)rnent.
Please fill out the attached tax documentsnot receive these prior to next monthrspalment will be delayed. Enclosed is aenvelope for your convenience.
for our files. If we docheck run, the rentalself-addressed, stamped
l{e look forward to working with you. should you have any guestionsor concerns, please contact me at 523-3099.
Sincerely, \ .! ./ ...r. \ ./, ,.0
=.-,i/rt/l^' (' ftoA
She-IIie D. Croley /Adninistrative Ass{stant
I
This'
enclosures
| 0Ol I 5th Street
Suite C-l
Denver, Colorado 80265
303-83r -5500
75 Soatb Frontagc Road
Vail, Colorado 81657
tot -47 9 -2 I 0t / FAX t|t -47 9 -2 t t ?
Offiec of thc Toun Managcr
October29, 1991
Mr. David Rutter
Senior Vice President, Engineering
The Walter Group
P.O. Box 1285
Dillon, CO 80€5
Re: Red Sandstone Elementary school - ceilurar Terephone srte
Dear David:
On October 29, 1991, the Town of VailTown Councilaporoved the sublease between theEagle County School District, RE-50J and the Inciepencj_ence Day 198s Cellular partnership forthe use of a portion of the Red sandstone Elemeniary School propertv for a modulartelephone ";eii sire." Tl'ie Town understands the rent for the use 6t mb tano witt be g500 permonth or telephone service^not to exceed $500 per month, and that we may request 5 cellulartelephones, not to exceed $700 each. We understand that if the monthly uiaga of the phonesexceeds $500, the Town witl pay the additional amount of monei. lf the amount of teleihoneusage is below 9500, we understiand the difference wiil be paid io the Town in cash.
The motion to approve the sublease was made by Lynn FriElen and seconded by Jim Gibson.The vote approving it was 4-0. .
Thank you.for your cooperation during the planning review process of the cell site. Iunderstand you will be making landscaps improvements in ihe area east of the schoot,improving the appearance of the entrance to the gymnasium, as well as screening t.le trashdumpster. T-he-Town appreciates.your willingnesilo bok at tre site comprehenjivety anoaddresses all of the issues related to this development
Ron Phillips
Town Manager
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VAIL TOWN COUNCIL
woRK sEsstoN
TUESDAY, OCTOBER 29,1
1:00 PM
1;i.,
Executive Personnel mattei
PEC Report.
Vail Recreation
Action Reouested of Council: Please fill out the anached
evaluation form and bring it to a subsequent Work Session lor
discussion with the Vail Recreation District Board of Directors.
Backoround Rationale: The Vail Recreation District is exactly
half-way through their initial agreement ol operating as a District'
They are requesting an evaluation from the Council on how they
are operating as a District. The brief evaluation form willbe
used to facilitate conversation, but will not be limited to the
questions on the form.
Review Vail Recreation District Letter of Understanding.
Action Requested of Council: Consider proposed Letter of
U nderstanding for approval/modif ication/denial.
Backoround Rationale: The VRD would like to have something
in writing confirming the Council's commitment to make the
Booth Creek parcel available for a 9-hole golf course. Ron does
not remember that golf passes would be paid for if the VRD has
to start paying rent.
Statf Recommendation: The letter can be approved it the
Council agrees these were the terms discussed.
Review of proposed sublease for a cellular phone site at Red
Sandstone Elementary School. Applicant: David Rudder,
representing Independence Day 1988 Cellular Partnership
(rDcP).
Action Reouested of Council: Approve/deny the proposed
sublease between the Eagle County School District and IDCP.
(Please review attached memorandum.)
Backoround Rationale: The applicant has proceeded through the
planning process, and has received approval from the Planning
and EnvironmentalCommission (6-0) and the Design Review
Board (4-0) for the proposed modular telephone cell site. One of
the Planning and Environmental Commission's conditions of
approval was to secure Town Council approval ol a sublease
agreement between the applicant and the Eagle County School
District. The lease stipulates that the applicant will pay the Town
$t ---""------.l
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District request for Town Council evaluation.
4.
\e/
1:00 p.m.
2:00 p.m.
225 p.m.
Ron Phillips
t
of Vail "rent" consisting of 5 modular telephones and up to $500
per month in lree telephone use. The Town could opt for $500
per month in cash, instead. The Town staff has reviewed the
proposed sublease, as well as the proposed rent, and
recommends that Council approve both.
2:45 p.m. 6. White River National Forsst - Oil and gas leasing analysis.
Mike Mollica U.S.F.S. representiatives: BillWood and Rick Phelps.
Action Requested of Council: Listen to the U.S.F.S. presentation
and, if necessary, direct staff to draft a position letter to the
Forest Service. (Please review the attached U.S.F.S. information
packet.)
Backoround Rationale: The Planning and Environmental
Commission's review of this program is scieduled for Monday,
October 28, 1991.
3:05 p.m. 7. Discuss combining MedicalCenter regular and Handicapped bus
Jim Marshall stops and adding a Bus Stop to the In-Town Shuttle Route at the
Holiday Inn.
Action Reouested ol Council: Give staff guidance regarding
relocation of the Medical Genter stops, and deny the addition of
the Holiday Inn stop.
Backoround Rationale: There are cunently two types of bus
stops located near the Medical Center. The regular stops are
about 300-400 feet east ot the driveway. There are also
Handicapped stops at the driveway entrance. Staff and the
Medical Center Administration agree that it makes sense to
combine fiese stops and locate the combined stops near the
driveway. The Holiday lnn has requested a west bound only
stop on the south side 0f ib property.
Staff Recommendation: Approve the relocation ol the Medical
Center stop. Deny the addition of the Holiday Inn stop.
3:25 p.m. 8. Review Stephens Park Easement to Holy Cross Electric to
Larry Eskwith move overhead power lines to new location.
Todd Oppenheimer
Action Reouested of Council: Approve/deny easement.
Backoround Rationale: In order for work on Stephens Park to be
completed, Holy Gross must move ib overhead power lines.
Statf Recommendation: Approve easement.
3:45 p.m. 9. Review of liability issues regarding snow removal on private
Larry Eslcwith proPerty.
Action Reouested of Council: Give Town Attorney direction.
(Please review attached memorandum.)
Backoround Rationale: The Council requested the Town
Attorney survey other cities regarding the obligations they place
on property owners to clear snow and ice off adjaceni sidewalks.
I
:55 p.m. 10. Review letter of support to Eagle County Community
Susan Scanlan Development Department for proposed wood burning control
measures.
Action Reouested of Council: Review the attached letter of
support drafted by statf, and sign the letter to indicate support for
the proposal.
Backqround Rationale: Eagle County is proposing wood burning
control me€Fures for the County similar to hose passed by the
Town of Vail earlier this year. They are solicitng public
comments on the drafi regulations at this time. The proposal is
more resfictive than the Town's in that il allorts only one new
technology device per multFfamily building to be installed in a
oommon area.
Staff Recommendation: Approve and sign the draft bner to
reach Eagle County by the November 4, 1991 deadline.
4:05 p.m. 11, lnformation Update
12. Other
13. Adjournment
C:\AGENDA.WS
P,'r( f''fi t(*/rr
State: ColoradoCity: VallCeIl ID: Red Sandstone
THTS IJEASE IS THE PROPERTY OF:Colorado High Country CellularLinited Partnership
THIS SITE LEASE AGREHTIENT (this trLeasetr) is entered intothis day of , 1991 betueen Eagle County SchoolDistrict RE-50,t, (trLandlord'r) and Colorado High Country CellularLinited Partnership, (trTenantrr) .
For good and valuable consideration, the parties agree aE;folloss:
1. Preniscs.Subject to the following terms andconditions, I-,andlord leases to Tenant use of a portion of thereal property (the rrPropertyn) described in nxhibit A attachedhereto. Tenant,s use of the Property shall be linited to thatportion of the Property described and depicted in Exhibit Battached hereto, together with easenents for access andutilities as provided herein (collectively, the rrPremisesrr).
The Prenises, located at Red Sandstone Elementary School , shall
cornprise at least 400 square feet.
2. U3a. The Premises may be used by Tenant for thetransmission and reception of radio connunication signals in anyand all frequencies, for the construction and maintenance ofrelated facilities, towers, antennas, or buildlngs and forrelated activities. Landlord agrees to cooperate with Tenant inobtaining, it Tenant,s expenae, all- licenses and pernitsreguired for Tenantrs use of the Preuises (the [Governmental
Approvalsrr) .
3.'l!ar!.a. The term of this TJease shall be five years,
conmencing upon the sooner of (a) written notification by Tenantto Landlord of Tenant,E receipt of all covernnental Approvals,or (b) twelve (12) nonths fron the date of execution of this
Lease by both parties (the rrCornnencement Daterr) and terminatingat ltidnight on the last day of the nonth in which the fifthanniversary of ttre Conmencement Date shall have occurredlprovided, however, that if Tenant is not in default hereunder,
Tenant shaLL have the right to extend this Lease for oneadditLonal five-year tern (nRenewal Ternr). The Renewal Tennshall be on the sane terma and condl.tions as eet forth herein
except that the Rent ehall be increaEed for the Reneral Tern by
the percentage by which the Consuner Price Index (frCPfrr) for the
month prior to the fifth annual anniverEary of the Connencement
Date exceeds the cPI for the nonth innediately preceding the
month in which the Conmencement Date occurs. The CPI shall neanthe Consumer Price Index for AII Urban Consumers in the United
StateE ae published by the United States Department of l-,abor,
Bureau of Labor Statlstics. However, Rent shall not in any
case increase by nore than 4Ot for the Renewal Tern. Landlordshall be responsible for comnunicating the amount of the rentaladjustnent to Tenant and shall provide Tenant with supporting
data upon which the adjustment is calculated. This Lease shallautomatically be renewed for the Renewal Term unlesE Tenantshall notify Landlord of Tenant,s intention not to renew this
Leaae at least ninety (90) days prior to the expiration of the
term.
b. Landlord understands that Tenant desires to renewthis Lease at the end of the initial Renewal Term. Landlordagrees to negotiate in good faith with Tenant concerningentering into a successor site tease agreement.
4. Rent.
a. Upon the Commencement Date, Tenant shall pay
Landlord, as rent, the sum of five hundred Dollars ($ SOOI per
nonth (rrRentrr). Rent shall be payable on the first day of eachmonth in advance to Eagle County School District RE-50J atLandlord,s address specified in Paragraph 14 below.
b. If this Lease is terminated at a tine other than onthe last day of a nonth, Rent shall be prorated as of the dateof termination, and, in the event of ternination for any reasonother than nonpalment of Rent, all prepaid Rents shall be
refunded to Tenant.
c. In lieu of rent, Landlord nay decide to enter intoan agreement vith Tenant to provide Landlord with cellular
telephone service. Tenant, at Landlords request, shall providefive (5) cellular telephones not to exceed seven hundred dollare($ 700) each, and service not to exceed five hundred dollars($ SOOI per nonth total for the five phones. Service in excessof five hundred dollars ($ 5o0) per month will be billed toLandlord. Service provided to Landlord less than five hundreddollars ($ 5OO) per month will be allocated to Landlord asadditional rent.
d. In addition toto the Tonn of VaiI, theparagraphs 4a, 4b, and 4c.contrary contained in the
the above, Tenant agrees to extend
same rents and option specified inNot withstanding anything to theSite L,ease Agreement, the rents
extended to the Town of Vail shall be contingent upon the Site
Lease Agreement renaining in full force. Upon ternination ofthe Site Lease Agreement, rents paid to the Town of VaLl shall
cease except that the Cellular phones if any, shall remain theproperty of The Town of VaiI.
5. Interfaropoa. The parties hereto shall not use, norshall they permit their enployees, invitees or agents to use,
any portion of Landlord's properties in any way which interfereswith the operations of the other. Such interference Ehall be
deemed a naterial breach, and the interfering party Ehall have
the responsibility to terninate said interference. In the eventany such interference doee not cease pronptly, the parties
acknowledge that continuing interference will cause irreparableinjury to the non-interfering party, and therefore such non-interfering party shall have the right, in addition to any otherrights that it may have at law or in eguity, to bring action toenjoin such interference.
5. Iuprovcucats; UtLlltLer; Acscrr.
a. Tenant shaLl have the right, at its sole expense,to erect and maintain on the Premises improvenents, personalproperty and facilities, including without linitation an antennatower and base, radio transnitting and receiving antennas, andan electronic eguipnent shelter (collectively the rrAntenna
Facilities'r) ; provided holrever, that Landlord shal.l have therlght to require its advance approval for any material changesin the number, size or configuration of such Antenna Facilitiesfrom those shich are installed at the comnencement of thisAgreenent. The Antenna Facilities shall renain the exclusiveproperty of Tenant, and Tenant shall have the right to remove
Lne-entenna Facilities following any ternination o? tnis Lease.
b. Tenant shall have the right to install utilities,at Tenant,s sole expense, and to inFrove the present utilltles
on the Prenises (including, but not linited to the installationof emergency power generators). Tenant shall have the right topernanently place utilities on (or to bring utilities across)the Property in order to service the Premiees and the AntennaFacilities. To the degree such placement is across theProperty, Landlord shall execute an easenent evidencing thisright upon Tenant,s reguest.
c. Landlord represents and warrants to Tenant that
Tenant shall enjoy ingress, egress, and access fron an open and
improved public road to the Premises adequate to service the
PremiEes and the Antenna facilities at all tines during the ternof this Lease or any renewal thereof at no additlonal charge toTenant. To the degree Euch access is acrosa the Property,Landlord shall execute an easement evidencing this right uponTenant's request.
7. lfcrnlnation. Except as otherwise provided herein, this
Lease may be terninated, without any penalty or furtherllability, on thirty (30) daye' written notice as folLows: (a)
by either party upon a default of any covenant or term hereof bythe other party, which default Ls not cured within forty-five(45) days of receipt of written notice of default (without,
however, liniting any other rights available to the parties
pursuant to any other provisions hereof) t (b) by Tenant tf it iEunable to obtain or naintain any license, pernit or other
Governmental Approvat necessary to the construction and/or
operation of the Antenna Facilities or Tenant'E business; or (c)by Tenant if the Prenises are or become unacceptable under
Tenant's design or engineering specifications for its AntennaFacilities or the conmunications systen to rrhich the AntennaFacilities belong.
8. !!arc!. Tenant shall pay any personal property taxes
assessed on, or any portion of such taxes attributable to, the
Antenna Facilities. Landlord shall pay when due all realproperty taxes and all ottrer fees and assessments attributableto the Prenises. However, Tenant shall pay, as additional Rent,
any increase in real property taxes levied against the Premises
which is directly attributable to Tenant's use of the Premises,
and Landlord agrees to furnish proof of such increase to Tenant.
9. IDgurapc€.
a. Tenant will provide Comprehensive General Liability
Insurance in an aggregate anount of $1,000,000.00, and name
Landlord a6 an additional insured on the policy or policies.
Tenant nay satisfy thJ.s reguirement by obtaining appropriate
endorsement to any unbrella policy of liability insurance Tenant
may maintain.
b. Neither party shall be liable to the other (or tothe otherts successors or assigns) for any loss or damage caused
by fire or any of the rlsks enumerated in a standard trAll Riskn
insurance policy, and, in the event of such insured loss,neither party's insurance company shall have a subrogated claimagainst the other.
10. Doatruetlon of PrepLgca. If the PreniEes or the
Antenna Facilities are destroyed or damaged so as, in Tenantrs
reasonable Judgrnent to hinder the effective use of the AntennaFacilities, Tenant may elect to terninate this Lease as of thedate of the danage or destruction by so notifyinq Landlord notnore than 45 days following the date of danage. fn such event,all rights and obligations of the parties shall cease as of thedate of the damage or destruction.
11. Condcnaetlon. If a condemning authority takes all ofthe Property, or a portion suffLcient, in Tenant's reasonabledeternination to render the Premises unsuitable for the use
which Tenant waE then naking of the Prenises, this Lease shalLterminate aa of the date the title vests in the condenningauthority. The parties shall be entitled to share in the
condennation proceeds in proportion to the values of theirrespective interests in the Prenises (which for Tenant shallinclude, where applicable, the value of its Antenna Facilities,moving expenses, prepaid rent, and business dislocation
expenaes). Sale of all or part of the Premises to a purchaserwith the power of eminent donain in the face of the exercise ofttre power, shall be treated as a taking by condemnatl-on.
L2. Eot'd Eanlart. Tenant agrees to hold Landlord harmlessfron any and all clains arising fron the installation, use,
maintenance, repair or removal of Tenant's Antenna Facilities,except for claims arising from the negligence or intentionalacts of Landlord, its agents or independent contractors.
13. lfotl.cea. A11 notices, reguests, demands and other
communications hereunder shall be in writing and shall be deemedgiven if personally delivered or mailed, certified nail, returnreceipt reguested, or sent by overnight carrier to the foJ.lowing
addresses:
If to Landlord, to:
Eagle County Schoo1 District RE-sOJ
757 East Third Street
P.O. Box 740
Eagle, Colorado 81531
If to Tenant, to:
Colorado High Country Cellular Linited Partnership
1OO1 16th Street, Suite C-l
Denver, Colorado 8O265Attn: Jane Venable
14. Tltlc an6 oul,et Enlorncat.
a. Landlord leases the property described in BxtribitA attached hereto from the Town of Vail, Colorado pursuant tothat certain Lease dated Septenber L5, L976 and recorded in thepublic records of Eagle County on Septenber 29, L975 in Book242, Page 51 (nsaid Leasetr), a copy of which is attached asExhibit c. Notwithstanding any other provision in this site
Lease Agreenent to the contrary, the partiea agree that this isa sublease agreement and the Lessorrs interest in the premises
is as a Lessee. This sublease iE expressly nade subject to allthe termE and conditions of the underlying lease and Lessee
agrees not to do or onit to do anything wtrich wiII breach any ofthe terns thereof. If the underlying lease iE terninated tlris
sublease shall terminate simultaneously. The parties further
agree that this Site L,ease Agreement is contingent upon the
formal consent to it by the lown of Vail. Said forual consent iE
attached as Exhibit D.
b. Tenant has the right to obtain a title report or
corunitnent for a leasehold tltle policy from a title insurance
company of its choice. If, J.n the opinion of Tenant, such titlereport shows any defects of title or any tLens or encumbrancecwhich nay adversely affect Tenant's use of the Prenises or
Tenant,s ability to obtain leasehold financing, Tenant Ehallhave ttre right, during the first six nonths following the
Conmeneenent Date, to termLnate this Leaae inrnediately uponwritten notice to Landlord.
c. Tenant shall also have the right to have theProperty surveyed, and, in the event that any defects are shownby the survey which, Ln the opinion of Tenant, rdy adverselyaffect Tenant,s use of the Prenises or Tenant,s ability toobtain leasehold financing, Tenant shall have the right, duringthe first six months following the Cornrnencement Date, to cancelthis Lease imnediately upon written notice to Landlord.
d. Landlord represents and warrants to Tenant that
hazardous substances trave not been generated, stored or disposedof on the Premises nor have the same been transported to or overthe Prenises. rrHazardoue substancerr shall be interpretedbroadly to uean any substance or material defined or desJ-gnatedas hazardous or toxic waste, hazardous or toxic naterial,
hazardous or toxic or radioactive substance, or other sinilarterm by any federal, state or local environmental law,regulation or rule presently in effect or promulgated in thefuture, as such laws, regulations or rules may be anended frontine to tine; and it shall be interpreted to include, but not belinited to, any substance which after release into theenvironment will or may reasonably be anticipated to causesickness, death or disease. Landlord will hold Tenant harnlessfrom and inderanify Tenant against and from any danage, loss,expenses or liability resulting fron any breach of thisrepresentation and warranty includlng all attorneys' fees andcosts incurred as a result thereof.
e. Tenant represents and sarrants to Landlord thatduring the tern of the Lease and any renewals thereof, hazardous
subetances sill not be generated, stored or disposed of bytenant, its agents or enployees on the Premises or the Property.Further, Tenant indennifies Landlord against and from any
damage, loss, expenses or liabillty resulting from any breach ofthis representation and warranty, including aII attorneys, fees
and costs incurred as a result thereof.
15.Argiqpprnt.Landlord further consents to thesubletting by Tenant to lts paging affiliate, InterlinkConmunications. Any sublease that iE entered into by Tenantshall be subJect to the provisions of this Lease. Additionally,
Tenant Diy, upon notice to Landlord, nortgage or grant asecurity interest in this Lease and the Antenna Facilities, and
nay assign this Lease and the Antenna Facilities to any such
mortgagtees or holders of security interests includlng their
auccessors or assigns (hereinafter collectively referred to asrl{ortgagees'). In auch event, Landlord shall execute such
consent to leasehold flnancing as may reasonably be required byl{ortgagees. Landlord agrees to notify Tenant and Tenant,s
llortgagees Eimultaneously of any default by Tenant and to give
UortgageeE the same right to sure any default as Tenant exceptthat the cure period for any llortgagee shall not be less thanten (1O) days after receipt of the default notice. All other
assignnents or subletting Ehall require Landlordrs prior written
con6ent, which consent shall not be unreasonably vithheld.
16. Suceeaeors aad Asgl.cng. This Lease shall run with theProperty described in Exhibit A. This Lease shall be binding
upon and insure to the benefit of the parties, their respective
succesicors, personal representatives and assigns.
L7. fal.ver of Landlor6,s LLen. Provided that Tenant iscurrent on all rental palrrnent obligations under this Lease,Landlord hereby waives any and all lien rights J-t nay have,statutory or otherwise, concerning the Antenna Facilities or anyportion thereof which shatl be deened personal property for the
purpose€r of this Lease, regardless of whether or not same is
deened real or personal property under applicable laws, andLandlord gives Tenant the right to remove all or any portion of
sane from tine to tine in Tenant's sole discretion and withoutLandlord,s consent.
18 . I,ligcellaneoug.
a. The substantially prevailing party in anylitigation arising hereunder shall be entitled to its reasonableattorneys' feeg and court costs, including appeals, if any.
b. Each party agrees to furnish to the other, withlnten (1O) days after request, such truthful estoppel infornationas the other may reasonably request.
c. This Lease constLtutes the entire agreement andunderstanding of the parties, and supersedeE all offers,negotiations and other agreements. There are no representationsor underEtandings of any kind not set forth herein. Any
anendments to thiE Lease must be ln writing and executed by bothparties.
d. If eLther party is represented by a real estatebroker in this transaction, that party shalt be fully
responsLble for any fee due such broker, and shall hold theotlrer party harmlesa fron any clains for connission by such
broker.
e. Landlord agrees to cooperate with Tenant inexecuting any documents (including a llenorandum of Lease)
necessary to protect Tenant's rights hereunder or Tenantts useof the Preuises.
f. This Lease shall be construed in accordance withthe laws of the state in which the Property is located.
g. If any tern of this Lease iE found to be void orinvalid, suctr invalidity Ehall not affect the remaining terms ofthis Lease, which shall continue in full force and effect.
DATED as of the date first set forth above.
LANDIORD: Eagle County School DiEtrict RE-5OJ
By--n
ATTEST:
Secretary
TENANT:Colorado High Country CellularLinited Partnership
ByIts
STATE OF
County of
personally appearedbe the
On this _ day ofa Notary PubllFin and for the State
))ss
)
19_r
of
before me,
,
On this _ day of
a Notary Publf:IE--in and
, known to me to
t
, L9- t before ne,for the State of ,, known €556E6-Fe ttre
ofthe cor@xecu g
instrunent, and acknowledged the said instrunent to be the free
and voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that vras
authorized to execute said instrument and that the sealllff-ixedthereto is the corporate seal of said corporation.
WITNESS my hand and the official seal affixed the day andyear first above written.
NOTARY PUBLIC in and for the
State of. -i--'--------_-_'-llty commlsslon explres
STATE OF
County of ss
personally appearedof , the corporationEEd-xeEG- th instrunent, and
acknowledged the said instrument to be the free and voluntaryact and deed of said corporation for the uses and purposestherein mentioned, and on oath stated that was
auttrorized to execute said instrument and that the GII af-fixedthereto is the corporate seal of said corporation.
WITNESS ny hand and the official seal affixed the day andyear first above written.
NOTARY PUBLIC in andState of for the
I'ty conniss ion expires
STATE OF
County of
free andpurposes therein
wrTt{Ess ny hand and the official seal affixed the day andyear first above written.
NOTARY PIIBLIC in and for the
State of
My conmission extrlires
ss
On this day of , L9- t beforer€r a xotaryEElFc iri anaffipersonally appearedine inaiviauii who exffiregoing instrunent,and acknowledged the said instrument to bevoluntary act and deed for the uses and
nentioned.
to the Site Lease Agreement dated
between Eagle county school District RE@
Colorado High Country cellular Linited Partnership, as Tenant.
EXHIBIT A
LEGAL DESCRIPTION
The Property is legally described aE follows:
A portion of lot 8, block 2, Vail Potato Patch, a eubdivision
recorded in book 233 at page 629 of the Eagle county, Colorado
Clerk and Recorders records, said portion of land being moreparticularly described as follows:
Beginning at the Southeasterly corner of said lot 8; thence
N69*43'27ttw a distance of 409.60 feet to a point on the Easterlyface of the Red Sandstone Elenentary School building; thence
s78*36'01n8 and departing said building face a distance 14.00feet; thence N11*23'59rrE a distance of 36,00 feet; thence
N78*36'O1rrW 14.00 feet to a point on the Easterly face of said
Red Sandstone Elementary school; thence s11*23'59n1{ and alongsaid Easterly face a distance of 36.00 feet to the point of
beginning. the above described parcel. contains 504 square feetor O.012 acrea more or less.
EXHIBIT B
to the Site Lease Agreement dated
betreen Eagle County School District RE-50J, as Landlord, and
Colorado High Country Cellular L,inited Partnership, as Tenant.
(The 6ite plane and specificationE wiII be included after theinltial bulldlng pernit is obtained by Lessee).
EXBTBIT C
to the Site Lease Agrreenent dated
between Eagle County School District RE-50J, as Landlord, and
Colorado HLgh County Cellular Linited Partnership, as Tenant.
(A copy of the LeaEe betrreen The Tonn of Vail, as Landlord, and
Eagle County School District RB-50J, as Tenant, wiII be included
here).
EXITIBIT D
to the Site Lease Agreement dated
between Eagle County school Oistr na
Colorado High Country Cellul.ar Linited Partnership, as Tenant.
(Fornal- acceptance of the terrns and conditions of the Site Lease
Agreenent by the Town of Vail will be attached here).
7101 West Yale
Avenuq No. 601
Oenver, Colorado 80227
303-986-6658
R. J. lrish
Consulting Engineering
Geologist, Inc.
Oclober 17, l99L
The Walter Group
337 Hummingbird Circle
Silverthorne, Colorado 8M98
Attn: Mr. David Rutler,
Senior Vice President
Re: Engineering Geologic Hazard Study, Red Sandstone Elementary School Cellsite, Vail'
Colorado.
Job No. 234
Gentleman:
As requested, the undersigned has studied and evaluated the engineering geologic hazard
situation pertinent to the proposed Cellular One electronic equipment shelter, or Cellsite, in Vail,
Colorado. This letter report, with accompanying surficial geologic map of the site and vicinity,
has been prepared to document my engineering geologic observations, conclusions and
recommendations.
The Cellsite is to be a small building attached to the outside of the eastern wall of the Red
Sandstone Elementary School building, which is on the northern side of the north service road
paralleling interstate highway I-70 in the SE l/4, SW 1/4 Sec. 6, T. 5 S., R. 80 W. in the town
bf Vait, Eagle County, Colorado (Fig. 1). The Cellsite building is to be about 36 feet long
parallel to the eastern wall of the school building and about 12 fer;t wide, with a 4-foot wide,
8-foot long concrete staircase. As the Cellsite is to occupy a sector of the northern slope ofthe
Gore Creek Valley, site preparation for the building will include about an 8-foot to 9-foot deep
cut on the uphill side.
During the course of this investigation I reviewed the debris flow, debris avalanche, and rock
fall hazard maps prepared for the city of Vail by its geotechnical consultants; and completed
a geologic reconn'aissance of the site on Wednesday, October 16, 1991. A surficial geologic
mip (Fig. 1) has been compiled to document my observations of geologic conditions across the
study area.
Topographically the school building and the proposed Cellsite at the eastern end of that building
a.e to""t"a on the northern slope of the Gore Creek Valley at about El. 8240 feet immediately
above that slope's transition to the relatively flat floor of the valley. That slope is
topographically characterized by two long, west-trending ridges formed by two lateral moraines
OepoiiteO by glaciers that sequentially occupied the Gore Valley during the Ice Age, which ended
I
Consultant to Designers, Contractors, Planners
R. J. lrish
Consulting Engineering
Geologist, lnc.
in this part of the Rocky Mountains about 8,000 to 10,000 years ago. The older of the two
moraines extends up to about El. 8800 feet, but the toe of this older moraine is blanketed by the
younger moraine, which extends from the valley floor up to about El. 8400 feet in the vicinity
of the Cellsite. The cell building should be founded on the soils that form the younger moraine.
Although not readily evident on the topographic map (Fig. l) the backslope of the younger
moraine forms a wide, shallow swale about 200 feet upslope (slope distance) from the Cellsite,
and the backslope of the older moraine forms an even wider and deeper swale at an elevation
of about 8600 feet.
Bedrock beneath these two lateral moraines and forming the valley slope above is the
Pennsylvanian-age (280 to 320 million years ago) Minturn Formation, comprising interbedded
sandstones, conglomerates and shales, with a few thin limestone beds. These strata strike
northward and deep westward about 20 degrees. For the most part the bedrock is blanketed
upslope from the lateral moraines by slopewash and talus soils, but an outcrop of the Minturn
bedrock, mainly fine grained sandstones with thin interbeds of shale, forms a steeply sloping
bluff along a narrow southwest-trending topographic nose about 800 feet vertically above the
Cellsite and about 3,000 feet horizontally at its downslope end.
The slopewash and talus soils are a poody bedded to nonbedded mixture of sands and gravels
in a clay matrix with scattered cobbles and generally flattish boulders derived by weathering of
the Minturn Formation bedrock. The gravels, cobbles and boulders, consequently, are mainly
sandstone and limestone debris.
The morainal soils are a heterogeneous mixture of sands, gravels and cobbles with a few
boulders in a silt matrix. The gravels, cobbles and boulders typically are formed of granitic
rock, mainly gneiss, eroded by the glaciers from the Gore Range, but the rock types also include
sandstones and limestones. The cobbles and boulders are scattered within the morainal soils as
well as across the surface of the moraine. At the Cellsite and for a distance of about 1000 feet
upslope (horimntal distance) the morainal soils are probably several tens of feet thick, but could
be substantially thicker. Most of the boulders scattered across the surfaces of the moraines are
partly buried within the hner grained components of the morainal soils and probably have not
moved from their sites of deposition since the glacier that deposited them melted away probably
several tens of thousands of years ago. The significant point here is that those boulders are not
the result of rockfalls generated from rock-faced cliffs higher up the valley slope.
I found no evidence of geologic conditions that would constitute significant hazards to the
planned Cellsite. No landslides are evident across the project area or upslope for at least one
half mile, and the grading work proposed !o create a level pad on which to construct the cell
building should not destabilize the natural soils of the younger lateral moraine, assuming that
the uphill side of the 8-foot to 9-foot deep cut will be no more than 12 feet to 15 feet wide and
buttressed by the northern wall of the proposed building without signihcant delay. Cut stabilily,
2
R. J. lrish
Consulting Engineering
Geologist, Inc.
however, could be enhanced by sloping the walls of the cut at about I ll2:t. Additionally, the
project site does not appear to be on or neighboring debris flows or deiris avalanches.
I conclude also that the rocKall risk is negligible. Boulders deposited by glaciers are scattered
across the valley slope from the valley floor !o the crest and swale of the older lateral moraine
about 400 feet in elevation above the Cellsite, but those boulders are partly buried within the
granular soils of the moraines and are unlikely to be dislodged by erosiond forces (e., 9.,
gullying by surface water run off, ice wedging, or earthquakes). As important, the upper swale
should capture any boulders that might dislodge from the Minturn Formation outcrop above
about elevation 9000 feet; and the swale formed by the backslope of the younger moraine would
tend to capture any boulders that might dislodge from the foreslope of the older moraine. Only
a few boulders are evident on the foreslope of the younger moraine upslope from the Cellsite,
and these appear to be securely embedded in those soils. Moreover, much of the slope
immediately above the school building and the Cellsile is covered by dense brush and aspen.
These should materially impede the travel of any boulders loosened upslope.
In conclusion, the proposed site for the electronic equipment shelter, or Cellsite, appears to be \
subject to a negligible degree of geology-related risk. In consequence, the site, I believe, can +t-.
be developed for the proposeg_pqlpgge-lt_illo_qqgeologiq hazar-d-mitigation measures. / )
I appreciated the opportunity to work with you on this project. If you have any questions, ot ,/
if you would like to discuss any aspects of my work, please feel free to cdl.
.....,//' (Your,trulY' n, . ,rt'ffifu9/''/ ,-i,,,,'''",,.',,,
Consulting Engineering Geologist ,l,l', . ,,L \"
/,,r1 ,.(1"'\", r('u
,.J
I
GEOLOGIC LEGEND
SLOPEI.IASH AND TALUS: SANDS AND GMVELS IN A CLAY
MTRIX, l.lITH. COBBLES AND BOULDERS. DERIVED BY
WEATHERING OF THE MINTURN FORMATION BEDROCK.
ALLUVIUM: STREAM-DEP0SITED SANDS, GRAVELS, C0BBLES,A FEI.I EOULDERS.
YOUNGER LATEML MOMINE-GLACIER-DEPOSITED SOIL:
HETEROGENEOUS MIXTURE OF SANDS, GRAVELS, AND
COBBLES IN A SILTY MATRIX; BOULDERY.
OLDER LATERAL MORAINE-GLACIER-DEPOSITED SOIL:
HETEROGENEOUS MIXTURE OF SANDS, GMVELS, AND
C0BBLES IN A SILTY MTRIX; BOULDERY.
MINTURN FORI'IATI0N: MAINLY SANDST0NES, |rJITH THIN
BEDS 0F SHALE; BL0CKY, WITH JOINTS SPACED Z T0 t0
FEET APART.
,2
,/l
t/
_-.2 C0NTACT BETl.lEtN GEOL0GIC MATERIALS, LOCATED?- APPROXIMATELY.
NOTE: TOPOGMPHIC BASE MAP FROM VAIL I,JEST QUADMNGLE,
EAGLE C0UNTY, C0L0RAD0 (1970); U.S. GEOLOGICAL
SURVEY.
Qal
t
T
1000
v,
--/
;'#(:,t
,lrt;F.W
R80 w E
@I
ffi
I
:-=
----'1.-.'.^\,tA,;l
fl!ilt|
\\ llril I it \olii\ !!/I O'/ , ,,,\
m$
'ff|,
bl
\l
SCALE fi FEET
RJ. NFH
gOilStlJIrlG ENGICERITIO OE()|-OST. ltc.
ST,RFICIAL GEOLOGIC IIAP
RED SANDSTONE EI.ETIEIIITARV SC}OOL
cEtJ-sitTE
VAIL, COLORADO
olTe 10/16/9t JOg NOi 23a
FIG. 1
F[!_E C*""
Prresent
Chuck Crist
Diana Donovan
Connie Knight
Ludwig Kurz
Kathy Langenwalter
Jim Shearer
Gena Whinen
PLANNING AND ENVIRONMENTAL COMMISSION
Ocober 14,l99l
Staff
Krisen Pritz
Mike Mollica
Jill Kammercr
Andy Knudtsen
Shclly Mello
Betsy Rosolack
funber Blecker
The worksession was called to o'rder by Chairperson Diana Donovan at approximatcly
l:55PM.
1. A reouest for a worksession for Special Development District No. 4. Cascade Village
(C-oseriff Parcel). to revicw a development plan. generallv located south of Millrace
Condominiums and west of the Westin Reso'rt. Vail.
Applicant East-West Partners
Planner: Shellv Mello
Mark Smith, Jerry Mullikin and Ncd Gwathmey rEpr€sented the applicants.
Shelly Mello began the discussion of the proposal by stating staff believed the project needed
to be more materially compatible, a landscape plan, and a final survey werc needed, and since
it was an unplatted parcel, a minor suMivision would be necessary.
Diana Donovan was unhappy that the property would not remain open spacc, and the
Commission ag€ed with her.
Jim Shearer did not mind a differcnce in materials, and believed that the applicants should try
to "bring up" the neighborfiood.
Ludwig Kurz thought that, since there were distinct stylcs, urban and horcl, that compatibility
was impossible. He said he could live with the design presently submitted. He was more
concemed with both landscaping and strcet surface materials.
Ned Gwathmey asked what the opinion of the Commission was rcgarding a metal roof, and
which q'pe should it be. He advocaed shake shingles stained to match the cxisting
surrounding buildings, but did not believe a material match was the best solution. He
suggested spraying the shake shingles to achieve a compatible roofcolor. Kathy
Langenwalter did not see a pr,oblem in not using a metal roof, as long as the roof lines were
compatible. She suggested perhaps adding more stucco and changing the railings for a more
refrned appearance of the building. She also believed it was important to continue the paving
pattern which was used in the Millrace projcct. She was conccrned with the layout of thc
p-j"", and the difference in scale betrpeen the hotel and this project. She said it felt like the
east unit was very close to a largc building.
Ned asked if a landscape plan would be necessary for approval. The Commissioners told him
it would.
Chuck Crist asked if emptoyec housing would be a part of the development. Shelly said staff
would not require it as a condition of approval, as there was a reduction in density fron the
previously-approved plan. Chuck asked if the applicants wer€ interested in providing a
iaretaker unit. ttre responded that thcy werc not. Shelly said staff would be supportive if
such a unit was proposed, as long as it was inegrated into one of the proposed units.
Kathy brought up the issue of parking. Shelly explained the proposal had 4 spaces more than
the Town required. Kathy wondered where guest parking would bc provided. Kevin
McTavish, the manager of the existing units at Millrace, shared Kathy's concern, stating that
their project had no guest parking, and it was a major problem. Ned asked what a reasonable
number of overflow parking spaces would be. He was not opposed to providing additional
parking, but indicated it would require additional paving. Kathy suggested perhaps widening
the circle. Ned agreed to look at differcnt possibilities for providing additional parking.
Kathy said she would prefer to havc adequate parking for the project rather than insisting the
project meet the 75Vo enclosed parking requirement.
After a general discussion regarding parking, Connie Knight asked if there were any problem
with the,bike path running across the project. Shelly said there should be an easement, and
agreed to check the Special Development Disrict documents to make sure.
Kevin McTavish rciterated that the present parking plan was inadequate.
At this time, the public meeting was begun.
1.
Filine/365 Vail Vallev Drive.
Apolicant Margaret Hill Marital Trust
Planner: Shellv Mello
Shelly Mello explained the differences between what had becn submitted for the PEC
approval of the SDD, building permit and what was built, and the discrepancies. Staff asked
that the lmprovement Location Certificate (ILC) and future surveys reflect the fact that the
property lines not close. The sources of the discrepancy were attributed to thrpe factors. The
South Rontage Road adjacent to the lot. He also had difficulty with condition number 6,
requiring the drivers to storc their cars on a long term basis only. He said therc was no way
he could guarantee compliance with that condition.
Kathy Langenwalter agreed there was no way to contnol when peoplc could take their car
from the lot, but suggested including the condition in thc letter sent to rpsidcnts of Timber
Ridge. Kathy continued by stating that if, in 1993 thc applicant wished to continue use of the
parking lot" more p€nnanent improvcments would likely be rcquired.
Jirn Shearer requested that the "long term" be dcfined in thc letter to residents. He could
agree with bcrming only the southwest comer of the lot.
Connie Knight left the mceting at approximatcly 3:10PM.
Kattry Langenwaltcr moved that the rcquest for a variance to the parking standards, Sectiott
18.52 of the Town of Vail Municipal Codc to allow for off-sueet surface parking at the 'Tloly
Cross parcel" which is generally located on the north side of the South Frontagc Road east of
and immediately adjacent to Red Sandstone Cteek be approved with the conditions as
follows:
1.The applicant construct a 3-4 fmt high earthen berm along the southwestern corner of
the property to scrt€n the parking lot from the South Frontagc Road an4 further, thc
applicant seed this berm with native grasses in the Spring of 1992.
The conditional use permit be effective until May 15, 1993. After that date, if the
variance and conditional use permit is extended, funher improvements will be
performed, such as paving, extending the berm, and landscaping. The improvement to
be required will be dctermined at such time as approval of the variance and
conditional use permit is rcconsidered.
All of the existing evergre,en tnees be protected by snow fences.
4. Surface run-off pollution control, as proposed by the applicant, be provided-
5. Applicant notify each V.A. employee who rents at Timber Ridge that it is illcgal and
eitremely hazarrdous for pedestrians to crcss I-70, and the only safe way O cross I-70
is via the pedesrian overpass or by crossing under I-70 at either the West Vail or
Main Vail interchanges and, further, the applicant notify each V.A. employcc who
rents at Timber Ridge that residcnts will be allowed to store cars only on a long-term
basis on the Holy Cross Parcel.
Chuck Crist seconded the motion. It was approved unanimously' G0.
3.
Kathy Langenwaltcr moved that the rcquest fm a conditional usc pcrmit to allow fu off-sreet
surface parking at the "Holy Choss parcel" which is gencrally locatpd on thc norrth sido of the
South hontage Road east of and immcdiarcly adjacent to Rcd Sandstone Cr€ek bc approved
per staff memo, with thc conditions as notcd above. Jim Shearer secondcd the motion. It
was approve4 G0.
Andy Knudtsen presented thc request. Staff recommendcd approval of the permig with the
conditions listed in staffs memo.
The applicant, Dave Rutrer, said hc had a couple of clarifications to staffs memo. First, the
dish to be installed on the roof was not a satellite dish, but a point-to-point relay from Dowd
Junction. Second, the carrier was McCaw Communications, acting under the name Oellular
One.
Kathy Langenwalter asked that thc shed roof be removcd over the door, and the flat roof over
the addition be extcnded- The applicant agrced to that change. Kathy also asked that, if the
existing grade were lowered, and the waterproofing were exposed, it would be cleaned up.
She strongly encouraged avoiding exposing the waterproofing.
Kathy wondered if more cell sites would be necessary in the future. The applicant
hypothesized that, if 30-50,000 subscribers were signed up in the Vallcy, another site would
be necessary. He did say, however, that an additional site in East Vail may be needed.
Kathy questioned how the applicant was working with the school, and if the dumpster
enclosure was acccptable to the school. The applicant rcsponded by saying they had not
specifrcally addressed the dumpster, but the applicants had committed not to affect Orc
operation of the school.
Ludwig Kurz was concerned with traffic and parking issues, and asked what kind of
maintenance was going to be performed on the twicc monthly visits. The applicant indicated
it would be preventive maintenance, specifically to check on the batteries, and the visits
should bc app'roximately 30 minutes in length. He said if thcre was a power outage, fu
instance, an unscheduled visit might be necessary. In addition, approximately every 6
months, a 2 hours maintenance visit would be nccessary.
Diana Donovan was concemed about the timing of the construction, as parking was a problem
at the school. The applicant said the concrcte would be formed off-site during the week, and
ponred during the weekend. When the Eench was dug, a 24-hour watch would be posted to
ensure safety.
Connie Knight asked if any hazandous chemicals o'r coolants would bc urcd on the site. The
applicant indicated that the only possible hazardous material was the battety, which was a
closed cell, similar to a flashlight battery, desigred to last approximarcly 20 ycars. There
wetr no emissions ftom this type of battery.
Diana wanted to ensute that the concrcte would look thc same as the existing. She also
waned a condition that the construction schedule be arranged with the school.
Kathy Langenwalter moved that the r€quest for a conditional use permit for a cellular
tclcphone "cell sito" at Red Sandstone School, 551 Nofth Fronage Roadlnt 2, Block 8, Vail
Potato Patch be appnrved per staff's memo, with the additional conditions that the
construction schedule be approved by the school, thc roofofthe building be cxtendcd ovcr
the shed and the existing, slopcd roof bc removed, that no watcrproo'fing bc exposcd, that the
landscaping planted in conjunction with the constnrction bc guaranteed for a period of 2
years, condition l(c) of staff"s memo be moved to condition 2(c), and that the dcsign of thc
trash dumpster be coordinated with the school. Jim Shearer seconded the motion. It was
approved unanimously, G0.
After an approximate 5 minute brcak, the meeting continued.
5. A request for a setback variance for a qaraee at the Kaiser/Hall Residence. 4913
Juniper Lane/Lot 3. Block 5. Biehorn 5th Addition.
Aoolicant UrsulaKaiser/RobenHall
Planner: Shellv Mello
Shelly Mello explained staff's position on the request, recommending approval of the setback
variance to allow and enclosed parking space of l0' x 20', but not for the additional storage
area.
Galen Aasland, representing the applicants, said the reason for the storage area associated
with the garage was needed for Mr. Hall's hobby was the r€storation of cars. He said the
house had been built on bedrock, and location of the garage in any other location was
virtually impossible.
Shelly informed the Commission of the conditions the Design Review Board had placed on
the project regarding the compatibility of the primary and secondary units.
Jim Shearer asked if the colors on the addition would match the existing. Galen replied they
would, and that the DRB had placed that condition on their approval.
Kathy Langenwalter was not comfo'rtable with granting thc variance for a third garage space,
as she did not soe a hardship, and did not believe a third enclosed spirce was requircd.
Ludwig Kurz agreed, stating he could not support a variance for an extra garage.
Chuck Crist questioned why the foundation for the gatage had already been poured. Galen I
confirmed that it had been poured, and said that if the variancc was not approved, the area
would become a carport. Chuck supported staffs recomrnendation.
Gena Whittcn asked if both homes wcre connected- Galcn rcplicd that thcy had been at one
time, but no longer. Gena did not see a hardship sufficient to warrant a variance for an
additional garage.
Ursula Kaiser stated she believed a hardship existe4 since when she bought the property,
none of the difficulties had been disclosed. She was not awarc of what it would take,
financially, to tpnovate. The estimates for the remodel had increased from $60,000 to
approximately $330,000. Diana explained that the Commission could not considcr frnancial
factors in establishing a hardship. Ms. Kaiser said that the project had a snowball effect, and
that this was the only practical solution left to them. They ncver would havc started tttis
projcct as a rcnovation if they had known what cxisted, and would havc simply startcd ovcr.
Robert Hall added that he believed the large rock the house abuned was a hardship, as they
had to jackhammer and blast to have any building in that arca.
Ms. Kaiser also said that she believed a carport in the location of the proposed garage and
storage arca would not look right. Shelly reiterated that the applicants were using available
GRFA and a ponion of the 250 frinance for the garage.
After a general drscussion regarding possible siting of the garage and driveway, and possible
options, Kristan Pritz said staff believed the proposal was the best option- Staff did not
consider the fact that this was for a third garage, since the applicants were willing to use
GRFA to construct it. They believed the applicants would not have proposed it unless it was
a definite need.
Diana did not find a need for 3 enclosed garages a hardship. Kathy saw other options, and
suggested moving the cntrY.
Gena requested that the DRB conditions be met before any variance was given. Shelly
informed her that design issues would be addressed when the Design Review Board reviewed
the 250 application.
An informal discussion of possible options took place.
Galen Aasland requested the item be tabled. Jim Shearer movcd to table this item, and Kathy
Langenwalter seconded the motion. It was tabled by a vote of 6-0.
.
Project Application
o^* /d -/6 - ?/
Project Name:
Project Description:
Owner, Address and Phone:tuts t
Architect, Address and Phone:
Legal Descri
Com ments:
ption: Lot Block F iling , Zone
-
Design Review Board /^o^,. /d '/6 ' 7//
Motion by:
Seconded
D ISAPPROVAL
'4,/J4-Q (anSt f
Summary:
E Statt Approval
7r
T.
revlsed 9/llgL
DRB APPLICATTOII - rOnN otr \taIL, coIoRADo
DATE APPLICATION RECEIVED :
DATE OF DRB MEETING:
*ttttt****
TSIS IFPI.IqtrTTON WrLI, NOI BE ACCEPTEDtNTrIr AI,r, REQIIIRED TNFORMATION XS SOBDTITTED**tit*****
PEOJEET INFORMATION:
A. DESCRIPTION: Addition to Red Sandstone Elementary School
to provide space for Ce11u1ar Telephone Electronic Equipnent
B.TYPE OF REVIEW:
New Constructlon (S200.00)Minor Alteration ($20.00)
x Addit,ion ($50.00)
C. ADDRESS:
Conceptual Review ($0)
D. LEGAL DESCRTPTION: LoL __g_ Block
Subdivisiqn Vail potato patch
meets and bounds legala separate sheet and
must provide a currentincluded
E.
F.
G.
If property is described by adescription, please provide onattach to this applicatlon.
ZONING: Conditional Use
LOT AREA: If required, appll_cant
stamped survey showing Lot area.
IIAME OF AppLICANT. Independence Day 1988 Ce11u1ar partnership
M:^illftS- Addre_s.s: . olorado80265 Attn : Ri ck--Su-I.ffi Phone 3O3/573-32L5
H.
I.
NAI"IE OF APPLICANT,S REPRESENTATIVE; The Walter Group
NAME OF OWNERS:
Mailing Address: P.O. Box 1285 Di1lon, Colorado
_f S7 Hum*ingbird stIeeE
The Town of Vail
*SIGNATIIRE (S) :Mailing Address:
Phone
Condomlnium Approval if applicable. N./A
DRB FEE: DRB fees, as shown above, are to be paid atthe time of submittal of DRB application. Llter, whenapplying for a building pernit, please identify theaccurate valuation of the proposal. The Town of Vailwill adjusL the fee according to the table below, toensure the correct fee is paid.
EEE PAID: $FEE SCHEDULE:
VALUATION$ 0 - g 10,000$ 10,001 - $ 50,000$50,001 -$ 150,000
$150,001 - $ 500,000
$500,001 - $1r 000,000I Over $1,000,000
J.
k
FEE
$ 20.00
$ s0.00
s100.00
$200.00
$400.00
$500.00
* DESTGN REvrEIf BOARD APPROVAI ExPrREs oNE IEAR AI'TER FrtrAr.l
APPROV1IT T'NI.ESS A BUILDTNG PERMTT rS ISST'ED AI.ID CONSTRUCTIOII IS
ST}RTED.
**NO JTPFLIEATION WTLL BE PROCESSED }TITROUT OT{NER'S STGNATURE
1
O Lrsr oF MATERTAL' O
RIT S':2'"''1991
NAME OF PRO,JECT:RD SAI{DSIOIiIE CH,L SIIE
LEGAL DESCRIPTION: LOTJS_ BLOCK _-2_
STREEI ADDRESS:
DESCRIPTION OF PROJECT: Oqrstruction of a poured-in-place cellular tele-
phone equirnent shelter adiacent to the o<isting gDmnasiun at Red Sandstone
Etenentarl' E{oot
requlred for submittal to the Design
approval can be given:
TYPE OF !,IATERIAL COLOR
Ballasted. flexible sheet mfim
N/A
SUBDMSION Vail Potato Patctt
The followJ-ng informatLon Ls
Review Board before a flnal
A. BUILDING TiIATERIALS:
Roof
' Siding
Other Wall Materials
Fascia
Soffits
Wlndows
Window lrin
Doors
Door Trim
Hand or Deck Rails
FIues
Flashings
Chimneys
Trash Enclosures
Greenhouses
Other
B.LANDSCAPING:
PLANT MATERIALS:
PROPOSED TREES
N/A
N/A
N/A
Hollovr netal White to natch o<isting
Hollow netal White to match oristing
1 llZ" Dia. Steel lrltrite to natch existing
N/A
24 ea G.I.White to match existlng
N/A
N/A
N/A
Antennas & supports l,lanufacturers standard color
Name of Designer: John lilorris, The tibrris CqnpanltPhone: 303-860-1 166
Botanical Name Common Name Ouantitv Size*
Picia Punqens CO eeen Spruc€ 1 I t B&B
Picia Pungens C0 eeen spruc€ 4 6' B&B
Populus trernubides QuakinqAspen 5 IliQlnaz
I\1/AEXISTING TREES TO
BE REMOVED
*Indicate caliper for deciduous trees. Minimum caliper fordeciduous trees Ls 2 lnches. fndicate helght, for coniferoustrees. Mininum lreiqht for coniferous trees is 6 feet.
rntural to
match existing
PLANT MATERTAI: Borantcal Name an*rorQ"*. ouanrtrv stze*
PROPOSED SHRUBS Arnelanctrieralntfolia serviceberry 3 5 9a1.
EXISTING SHRUBS N/A
TO BE REMOVED
*rndlcate slze of proposed shrubs. Mlnlmum size of shrubs ls5 oallon.
Tvpe souare Footaqe
GROUND COVERS N/A
soD
SEED @nessee tbuntain Mix
TYPE
OF TRRIGATION H/a
TYPE OR METHOD OF Jute nettlnq - staked
EROSION CONTROL
D. orHER LANDSCAPE FEATURES (retalning warls, fences, swimmlngpools, etc.) Please speclfy. Indicate heights of'retainln!walls. Maximum helght of warls wlthin the front setback ls3 feet. Maxlmum helght of walls elsewhere on the propertyis 6 feet.
N/A
C. TANDSCAPE LIGHTING: If exterlor llghtlng ls proposed, please
show the number of flxtures and locations on- a separatellghtlng.plal.- Identify each fixture from the fiahting planon the llst below and provide the wattage, height-abovegrade and type of ltght proposed..
N/A
N/A
-i .,1' 1.,..',-r.|\"utt, J ' "'
LEASE DESCRIPTION
A PORTION OF LOT 8, BLOCK 2, VAIL POTATO PATCH, A SUBDWISIONRECORDED
IN BOOK 233 AT PAGE 629 OF THE EAGLE COUNTY, COLORADO CLERK AND
RECORDER'S RECORDS, SAID PORTION OF LAND BEING MORE PARTICIJLARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT TIIE SOUTHEASTERLY CORNER OF SAID LOT 8; THENCE
N69"43'27"W A DISTANCE OF 409.60 FEET TO THE POINT OF BEGINNING, BEING A
POINT ONTI{EEASTERLY FACE OF THE RED SANDSTONE ELEMENTARY SCHOOL
BIIILDING; THENCE S7836'01'E AND DEPARTING SAID BUILDING FACE A
DISTANCE OF 14.00 FEET; TI{ENCE Nll23'59E A DISTANCE OF 36.00 FEET; THENCE
N7836'OI"W 14.00 FEET TO A POINT ON THE EASTERLY FACE OF SAID RED
SANDSTONE ELEMENTARY SCHOOL; THENCE S1193'59'W AND ALONG SAID
EASTERLY FACE A DISTANCE OF 36.00 FEET TO TIIE POINT OF BEGINMNG. THE
ABOVE DBSCRTBED PARCEL CONTATNS 504 SQUARE FEET OR 0.012 ACRES MORE
OR LESS.
'Tnt Werrgn Gnoup O
ItO blcsi& Avc.
Suit 100
Scatdc,
.VA
98tZZ-6578
(206) t28 oEo8
Fs (206) 328 0815ilr. Dick Decker
Account Manager
U.S. lfest Connunications
1OO5 17tb Street
Denver Colorado, 8O2O2
september 22, 1991
Dear !tr. Decker
lifl'N i., - :, lryl
Please consider this letter as a fornal reguest to provide
initial interconnection services to Independence Day 1988
CeIIuIar Partnership (IDCP). It is IDCP's intention to be in-
service by January 1, 1992.
FollowJ.ng, is a brief description of the site physical locations
and coordinates.
1. Dtgital Cellular Switch (DCS)
?57 Ten Mile orive, Frisco, Co, 80433
39 35' 10r N I LO6 05' 33rr W
2. Red Sandstone Elementary School (RSES)
1/4 nile tlest of the nain Val'l exit on the North side of the
frontage road and I-7o.
39 38' 47r N I LO6 23', Lgtt W
3. Denver Mobile felephone Switching Office (![Tso)
MeIIon Financial center
1775 Shernan Street, Denver Co, 80203
39 44' 4Ln N / 104 59' 06n W
4. Grand Junction (GJ)
1.4 nileE SE of Grand Junction
39 03 ' 29tt N / 108 32' L4n W
Sin
(vail)
(crand Junction)
P('2
digital xT-sPansx aa
If you have firrther guestlons as tJris proJect develops-' I^can be
realhed at (303) 468:0101, FAx (303) 468-9s95. 'Thanks for all
your belp
>r
oavid
Senior Vlce Presldent
Ttre llalter Group
T. Rutter
MEMORANDI,JM
Planning and Environmcntal Commission
Community Development Departnent
Snt af Tt't iL S
/"'.. t1/,i t'!7
t- /"/t/ /)-$V 7.iTO:
FROM:
DATE:
STTBJECT:
Ocober 14, 1991
A request for a conditional use permit for a cellular telephone "cell site" at Red
Sandstonc School, 551 North Frontage Road/I-ot 2, Block 8, Vail Potato Parch.
Applicanr The Walter Group
Planner: Andy Knudtsen
I. DESCRIPTION OF THE PROPOSED USE
The applicurt, the Walter Group, is proposing to construct a "ccll site" at Red Sandstone
Elementary School. The cell site will provide modular rclephone servicc to the central part of
Vail. It is similar to the cell site recendy approved and constructed by US West at Solar
Vail.
Thc cell site includes a 12' x 30' shcd, to be consfircrcd on the cast side of thc school , a 2- '
foot diametcr sat€llitc dish, and four antenna to be located on the rcof of the school. The
antcnna will be cight fcct ta[, will bc sct in 4-fmt tall uipods, and will be locarcd in the
center of the rmf. The shed wil b€ constructcd out of concretc to match thc exterior of the
school. The shed will be set into the hillside adjacent to the school building, and will have 5
spruce, 5 aspen and 3 shrubs planted around it.
The Red Sandstone Elementary Schml site is zoned hlblic Use District. Staff has determined
that this proposal is a public utilities installation, which is listed as a conditional use in this
zone district. This is a consistent classification with the Town's previous decisions with US
West and their cell site at Solar Vail. It is also consistent with decisions regarding the Town
of Vail police deparfnent tower and antenna located at the municipal building, as well as
Scction 18.54.050(C)(7), stating that rmf antcnnas are prohibited unless they are approved by
the Planning and Environmental Commission as a conditional use. The sitc is located in e
rcckfall hazad arca an4 becausc of this, a hazard sttrdy will be neccssary prior o issuance of
a building pcrmir
During staff review, a concem was raiscd about thc numbcr of "cell si&s" which may bc
locard within ttrc Vallcy. The applicant pmvidcd documentation indicating that nro carriers
are the maximrun number aloq/cd by the Fcdcral Communications Commission. However,
this would not prccludc US West and this applicant from building more sitcs within thc
Town. Furthermm, thc FCC could changc its ruling. Tbc Town's position on this issue is
that "cell sites," as sosn at Solar Vail, fit in relatively well with thc surrounding arca, as long
as mitigation mcasurcs ar€ taken, and that additional sitos, cach with is individual conditional
ucc rcvicw, would not ncocssarily bc unreasonable.
tr. ZONING ANALYSIS
Standards for lot arca, sctbacks, height, density, sitc covcrage and landscaping are all to bc
dcrcrmined in tlre conditional use rpview process. The Public Use District does not list
specilic standards for these categories.
M. CRITERIA AND FINDINGS
Upon review of Section 18.60, the C-ommunity Development Deparrnent recommends
approval of the conditional use permit based upon the following factors:
A. Consideration of Factors:
1. Relationship and impact of the use on development objectives of the
Town.
The purpose section of the Public Use District states that:
"The Public Use District is intended to provide sircs for public and
quasi-public uses which, because of their special charactcristics, cannot
appropriately be regulated by dcvclopment standards proscribed for
other zoning districts, and for which development standards especially
proscribed for each particular development proposal or project are
necessary to achieve the purposes describcd in Section 18.02.020 and to
provide for the public welfarc. The Public Use District is intended to
cnsure that public buildings and grounds and cenain types of quasi-
public uses pcrmined in the disuict are appropriately located and
desigaed to meet the needs of the rcsidents and visiton to Vail, to
harmonize with surrounding uses, and in the case of buildings and other
sEuctures, to ensure adequate light, air, open spaces, and other
amenities appropriate to the permitted types of uses."
Staff believes that a "cell sitc" is a quasi-public use which is described in the
purpose section listcd above. In addition to the fact ttrat this usc is listed as a
conditional use for this zone disrict, staff belicves that locating I "cell sitc" in
this zonc district is consisrcnt with $€ dcvclopment objcctivcs dcsctibcd in the
purposc scction.
2. The efrec{ of the use on light and air, distribution of population'
Sransportation facilities, utilitiest schmls, parks and recreation
facilitieg and other public facilities needs.
Ttre proposal will not impact thc Town scrviccs listcd above. As a facility
which emis elecuomagnctb wavcs, thcre could bc concern about health
affocts. Thc applicant has p'rovidcd information stating that thc frtqucncy of
waves emitted by a cell site is comparable !o microwave ovens or csdless
clephones.
3. Efrect upon trqfiic with particular reference to congestion'
eutomotive and pedestrian safety and convenience, traffic flow and
control, agcess, maneuverability, and removsl of snow from the
street and parking areas.
Staff believes the impact on traffic will be minimal. The applicant is expecting
that thc ccll site will be visited approximately twice a month. The maintenance
visits will be coordinated with the school activities to make the impact as small
as possible.
4. Effect upon the character of the arca in which the proposed use is
to be located, including the scale and bulk of the proposed use in
relation to surrounding rxies.
Staff believes that this cpll site will have a low visibilify. The shed will
be scr€ened by landscaping, and the satcllite dish will be laatcd at the
rcar of the building. The satellite dish will be visible only to people
above the building. Anyone either on Vail Mountain or above the
school will be at such a distancc that the 2-fmt diameter satellite dish
will be unlikcly to be noticcd. The most visible component of the
proposal will be the four l2-foot tall grcy antennas to bc located on the
roof of the school. Staff believes that the grcy color will help reduce
the visibility of the antenna In additiqr, stalf bclievcs that locuing
thcm in thc ccntcr of the rmf will make thcm less noticcable o
individuals on thc Fmntagc Roads and the Inenate. In summary, the
similar ccll site constructed at Solar Vail has generarcd very little
ry.
visible impact to the surrounding arcq and staff believes that this
proposal wiU bc similar in its impacts.
One cqrccrn about ttre improvcmentr in thc arca involvcs ttrc cxisting
rrash dumprcr djrccnt r, ttre cell sia. Staff bclicvcc that &e dumpstcr
chould bc scrccncd with a ftncc b impnorc thc chancm of the upa. A
similar impmvcracnt was madc o thc dumpst€'r 8t Solar Vail when US
f,iest installod I "ccll $its" u that locuim.
FINDINGS
The Plannine and Envircnmental Commission shall make the followins findines beforc
granting a conditional usc Dermit:
A. That the proposed location of the usc in accord with the purposes of this
Ordinance and the purpos€s of the disrict in which ttre site is located.
B. That the proposed location of the use and the conditions under which it would
be operated or maintained would not bc detrimental o the public health, safety,
or welfare or materially injurious to properties or improvemcnts in the vicinity.
C. That the proposed use would comply with each of the applicable provisions of
this Ordinance.
V. STAFF RECOMMENDATIONS
Staff recommcnds approval of the conditional use proposal. Saff believes it mects the
conditional use critcria as discussed above, as well as the findings. Spccifically, Finding A is
met as the use is in acco,rdance with thc purposc scction of the Public Usc Disrict. Findings
B and C arc met as staff belicves it will bc operated in a way that is not &trimental to the
Town, and that it complies with the provisions of the Municipal C,odc. We theiefore
recommend approval with the following conditions:
l. Prior to the issuance of a building permit, thc applicant shall:
a. Sccure approval fronr the Town of Vail for a sub-lease agreement benpeen the
Eagle County School Disrict and the applicant.
b. Plovi& a hazard rcport addrcssing the ralf,all hazard-
(i . lJ., n. /,
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Prio to thc issuarrcc of a Tcmpcary Ocrtificate of Oocupancy, thc applicant shall:
thc area around tlp mechanical
building, per the plan. Tbc applicant shall ensure that thc
landscaping livc for I minimum of sFyeagpast thc datc of tlrc Tc,mporary
Ccrtificarc of Occupancy. If any pla{t dics wiftin that pcrio{ the applicant
shall rcplace ir \ot"-.>
u. ffidish wittr a non-rcflcctivc matcrial which
mstchcs the rmf of the school.
(.
Please notc that the approval of this conditional use pcrmit will lapsc if construction has not
commenced within one year of tlrc datc of thc PEC approval, and thercafter dilipntly pursucd
to conpletion, c if the usc for which the pcmit is grantcd is not commenccd within onc
year. ff approval of this conditional usc permit lapses, an application for app'roval of this
conditional usc permit must bc resubmited fs rcconsideration by the Community
Development Deparunent staff and/or the PEC.
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0Cellular
One'
Town of ValIcity Council
RE: F.C.C. ruling of two conpetitors in each
To whom it may concern:
It has come to our attention that the Townthat evidence be presented with regards tolicenses by the F.C.C. in each market.
Attached is a document relating to the F.C.C. decision as Docket
No. 79-3L8, adopted February 25rL982, and released March 3,L982. ln
summary it states in Section Il.Discussions - paragraph 2, trfn ourorder, we determined that the 40 MHz (825-845 l.trIz and 870-890 UHz)
freguency block previously allocated for cellular services should
be made available innediately for two competing systems per area,with 20 MHz available for each carrier.rt
Also enclosed are quotes by Judge Green relating to competitionin the break-up of AT&T.
Should you have any guestions or concerns please contact me.
narket
of Vail has requested
the issuance of two
ry;%<-7//ry Ln - ---chard L. Sullj-van,
System Developrnent Manager
'l00l | 6th Street
Suite C-l
Denver, Colorado 80265
303-83r -5500
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conprtitlvcness of our eoutunlcaBlonf uarkatl' becaucccouprtltlon lr rtilt onq ot thr naln englnrl tlrat tendcto drlve thc ovottll lnnovattcn proc.l.,o
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on HlEh llEchnoloEy and the future of tbr Julrlean
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mlluch har bran aceoepl.lrh.d ln tes€Et y.tar to nehr nanyof our oorunrmlcatlonr Eark€ts noge oonDctitlvr. 'llhor
6onn6ndrblr, proconpetltlve poltoita' Donovrrr bevlrlso yleldcd unparsllalad pubtlo brnrfttr. [oday, th.
avarage lnsrtsan conlandl grratrr rccrEt to a broadar
rtnEo of connunicatlonr optlonr than vlrtuelly onl thesgrlli in thl wotrld' "
- fron Chairnen SllteE' Strteucttt to thr Hourl
Tcl€golDqnlcltlona and Flhancr Subconnlttm
regardlng Fcg 1990-91 RlautlroricatLonr e.9i, L4'
1999.
@!
ttcolopctitlon hre not been fnCgrr.d by tht ConEl.ls rnd
:ha dourts aE I puraly acadcnle trlttrr. trbr nesd to
salggutad frea conp.t!.tlon ir a dlreot reBult of thr
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1or.33 Dslcer, the hlghrrt quallty end thl gr.at..tnrtrrlcl ptogtaaa, shilr tt -thr rinr tlnr giottldinE an
rnvlronrmnt oonduolve to thr prurnratlon ei ourdoocntle polltlcel and roslal lnrtltutlont.'rl
- Unltrd Statu v. w.rt.rn EIcc. Cg., EEt F. gllppr
ltl, 1{9-l!o (D.D,C. 1982).
rthr blrto4f of the t$srleanthrt falr oonprtltlon ls ror.rtprelally conrunara, than anslngh cornpany nonopoly.
Unltrd Etatee ". lfeatgrn13l, u0 (D.D.c. 19821.
rconooLo ryggat tn€haFIltoLlt to b.nrflt all,indurtry doninatod by a
EIgo. Co., 552 f. guDD,
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Cellular Cotnunlcatlonr gyrtmr, f6 l.C.c.ld a69,{?t (19t1).
THIS LEASE IS THE
Gutierrez
O v-. 1)
State: Coloratlo
Cell ID:
PROPERTY OF: Independence Day 1989 CellularPartnershipclo Lucas, Nace, Irtccowan &
1819 lI Street NW, 7th Floor
Washington, DCAttention: Thonas Gutierrez,
Esq.
SITE I,BA8E AGREEI.IEITT
THIS SITE L,EASE AGREEXT{ENT (this rrl-,easen) is entered intothis .28th day of Augrust, 1991 between Eagle County Schoo1District RE-50J, (rrl,andlordrr) and Independence Day 1988 CellularPartnersbip, (,,Tenangrt1 .
For good and valuable consideration, the parties agree asfollows:
1. Prenises. Subject to the following terms andconditLons, Landlord leases to Tenant use of a poltion of thereaL property (the "Property") described in Exhibit A attashedhereto. Tenant's use of the Property shall be liuited to thatportion of the Property described and depicted in Exhibit Battached hereto, together with easenents for access andutilities as provided herein (collectively, the rrprenisesr).
The Prenises, located at Red Sandstone Elenentary School , shailcomprise at least 400 square feet.
2. Itse. The Premises nay be used by Tenant for thetransmission and reception of radio cornnunication signals in anyand all freguencies, for the construction and naintenance oirelated facilities, towers, antennas, or buildings and forrelated activities. Landlord agrees to cooperate with Tenant Lnobtaining, irt Tenantrs e{pense, all licenses and pernitsrequired for Tenantrs use of the prenises (the rGovernnental
Approvalsrr).
3. T€rn. The tern of this Lease shall be five years,
cornnencing upon the sooner of (a) written notifLcation by fenanfto Landlord of Tenantrs receipt of aII Governmentat Approvals,or (b) tvelve (12) nonths fron the date of execution of thisLease lcy both parties (the rrConnencement Dater) and terminatingat Midnight on the last day of the nonth in which the fifth
ff&ta
.,. ., . .:;58\:
anniversary of the Connencenent Date shall have occurredlprovided, however, that if lenant is not in default hereunder,Tenant shall have the riglrt to extend this Lease for oneadditional five-year tern (rrRenewal Termr). The Renewal TernEhall be on the same terms and conditions as set forth hereinexcept that the Rent shall be increased for the Rene\ral Tern bythe percentage by which the Consuuer Price Index (ttCPIn; for thenonth prior to the fifth annual anniversary of the ConmencenentDate exceeds the CPI for the month innediately preceding the
month ln which the Commencenent Date occurs. The CPI shall meanthe Consumer Price fndex for All Urban Consumers in the UnitedStates as published by the United States Department of Labor,
Bureau of l-,abor Statlstics. However, Rent shall not in anycase increase by more than 4Ot for the Reneqral Tern. Landlordshall be responsible for cornmunicating the amount of the rentaladjustment to Tenant and shall provide Tenant with supportingdata upon which the adjustment is calculated. This Lease ghallautonatically be renewed for the Renewal Tern unless Tenantshall notify Landlord of Tenantrs intention not to renew this
Lease at least ninety (90) days prior to the expiration of theterm.
a. Landlord understands that Tenant desires to renewthLs lJease at the end of the initial Renewal Term. Landlordagrees to negotiate in good faith with Tenant concerningentering into a successor site lease agreement.
4. Rent.
a. Upon the Commencement Date, Tenant shal1 payLandlord, as rent, the sun of five hundred Dollars (9 5OO) pernonth (trRentr). Rent shall be payable on the first day of eachnonth in advance to Eagle County School District RE-SOJ atLandlord,s address specified in Paragraph 14 belon.
b. If this Lease is terninated at a time other than onthe last day of a nonth, Rent shall be prorated as of the dateof ternination, and, in the event of termination for any reasonother than nonpalment of Rent, all prepaid Rents shall berefunded to Tenant.
c. In lieu of rent, Landlord nay decide to enter intoan agreement with tenant to provide Landtord with cellulartelephone service. Tenant, at Landlords request, shal1 providefive (5) cellular telephones not to exceed seven hundred dollars($ 7oo) each, and service not to exceed five hundred dollars($ 500) per nonth total for the five phones. Service in excessof five hundred dollars ($ 5oo) per nonth will be billed toLandlord. Service provided to Landlord less than five hundreddollars ($ 5oo) per nonth will be allocated to Landlord asadditional rent.
5. fnt€rferspca. Tbe parties hereto shall not use, norshal} they pernit their employees, invitees or agents to use,
r'!'.Y, _
r.: t;{r,.J.;l .i r.i l
any portion of Landlord's properties in any vay rrhich interferesvith the operations of the other. Such interference shall be
deened a material breach, and the interfering party shall havethe responsibility to terninate said interference. In the eventany euch interference does not ceaEe pronptly, the parties
acknowledge that continuing interference will cause irreparableinjury to the non-interfering party, and therefore such non-interfering party shall have the right, in addition to any otherrights that it may have at law or in eguity, to bring action toenjoin such interference.
6. Iuproveneats; Utl,lities; Access.
a. Tenant shall have the right, at its sole expense,to erect and naintain on the Premises improvements, personal
property and facilities, including vithout linitation an antenna
tower and base, radio transuitting and receiving antennas, andan electronic equipnent shelter (collectively the rrAntenna
Facilities'r); provided however, that Landlord shall have theright to reguire its advance approval for any material changesin the number, size or configuration of such
Antenna Facilities from those which are installed at the
comtnencement of this Agreement. The Antenna Facilities shall
remain the exclusive property of Tenant, and Tenant shal-I havethe right to remove the Antenna FacilitLes following anyternination of this Lease.
b. Tenant shall have the right to instal-l utilities,at Tenantts sole expense, and to improve the present utilities
on the Premises (including, but not linited to the installationof energency power generators). Tenant shall have the right topernanently place utilities on (or to bring utilities across)ttre Property in order to service the Prenises and the AntennaFacilities. To the degree such placenent is across theProperty, Landlord shall execute an easenent evidencing thisright upon Tenant,s request.
c. Landlord represents and warrants to Tenant that
Tenant shall enjoy ingress, egtress, and access fron an open andinproved public road to the Prenises adeguate to service the
Prenises and the Antenna Facilities at all tirnes during the termof this Lease or any renewal ttrereof at no additional charge toTenant. To the degree such access is across the Property,
Landlord shalI execute an easement evidencing this right upon
Tenantts request.
7. feruination. Except as otherwise provided herein, thisLease may be terninated, without any penalty or furtherliability, on thirty (30) days, written notice as folloss: (a)
by either party upon a default of any covenant or term hereof bythe other party, which default is not cured within forty-five(45) days of receipt of written notice of default (without,
however, liniting any other rights available to the partiespursuant to any other provisions hereof) t (b) by Tenant if it is
unable to obtain or naintaLn any license, pernit or otherGovernmental Approval necessary to the construction and/oroperation of the Antenna Facilities or Tenantrs buEiness; or (c)by Tenant tf the Prenises are or become unacceptable underTenantrs design or engineering specifications for its AntennaFacil.ities or the cornnunications systen to which the AntennaFacilities belong.
8. Tares. Tenant shall pay any personal. property taxesassessed on, or any portion of such taxes attrl-butable to, theAntenna Facilities. Landlord shall pay when due all realproperty taxes and all other fees and assessments attributableto the Premises. However, Tenant shall pay, as additional Rent,
any increase in real property taxes levied against the Premiseswhich is directly attributable to Tenantrs use of the Premises,
and Landlord agrees to furnish proof of such increase to Tenant.
9. Ipsurapcs.
a. Tenant will provide Comprehensive ceneral Liabilityfnsurance in an aggregate amount of $11000,000.00, and nameLandlord as an additional insured on the policy or policies.
Tenant nay satisfy this requirement by obtaining appropriate
endorsement to €rn1l rrmh1"1}a policy of liability insurance Tenant
nay naintain.
b. Neither party shall be liable to the other (or tothe other's successors or assigns) for any loss or danage causedby fire or any of the risks enurnerated in a standard rrAll Riskrlinsurance policy, and, in the event of such insured loss,neither partyts insurance company shall have a subrogated clainagainst the otlrer.
10. Destruction of Preniseg. If the prenises or ttreAntenna Facilities are destroyed or danaged so as, in Tenantrsreasonable judgrnent to hinder the effective use of the AntennaFacilities, Tenant nay elect to terninate this Lease as of thedate of the danage or destruction by so notifying Landlord notnore than 45 days following the date of damage. In such event,all rights and obligations of the parties shal1 cease as of thedate of the danage or destruction.
11. Colal€nnatLop. If a condemning authority takes all ofthe Property, or a portion sufficLent, in Tenantrs reasonabledetermination to render the Prenises unsuitable for the usewhich tenant was then naking of the Prenises, this Lease shallterrninate as of the date the title vests in the condemningauthority. The parties shall be entitled to share in thecondemnation proceeds in proportion to the values of theirrespective interests in the Prenises (which for Tenant shallinclude, where applicable, the value of its Antenna Facilities,noving expenses, prepaid rent, and business distocationexpenses). Sale of all or part of the premises to a purchaser
with the power of eninent dornain in the face of the exercise ofthe power, shall be treated as a taking by condennation.L2. Eold Ear-ulcs3. Tenant agrees to hold Landlord harmlessfrom any and all clairos arising from the installation, use,naintenance, repair or removal of Tenantts Antenna Facilities,except for claims arising fron the negligence or intentionalacts of Landlord, its agents or independent contractors.
13. Riqht of Sirgt Refugal . During the tern of thie Lease,as extended, Landlord shall, prior to selling the Preuises or
any portion tlrereof, notify Tenant in rriting of the sale price
and terms offered by a third party, together with a copy of thethird-party offer. Tenant shall have the right of first refusalto purchase the Prenises or the portion to be sold, on the saneterns and conditions (or cash-equivalent terns, if a property
exchange is proposed) by giving Landlord notice of its intentionto purchase the sane within thirty (30) days of receipt ofLandlord's notice. If Tenant gives no such notice of intentionto purchase the Prenises, Landlord nay sell the Premises to thethird party on the stated terms and priee, as long as such salecloses within six (6) nonths of the date of the third party,Eoffer.
14. Notices. AII notices, reguests, demands and other
connunications hereunder shall be in writing and shall be deemedgiven if personally delivered or mailed, certified mail, returnreceipt reguested, or sent by overnight carrier to the following
addreEses:
If to Landlord, to:
Eagle County School District RE-50J
757 East Third Street
P.O. Box 740
Eagle, Colorado 81531
If to Tenant, to:
Independence Day 1988 Cellular Partnershipc/o Lucas, Nace, llccowan & Gutierrez
1819 II Street Nlf, 7th I'loorAttention: Thomas Gutierrez, Esg.
15.litle and Ouict Enloyuent.
a. Landlord leases the property described in ExhibitA attached hereto fron the Torrrt of Vail, Colorado pursuant tothat certain LeaEe dated September 15, 1976 and recorded in thepublic resorda of Eagle County on Septenber 29, 1975 in Book242, Page 51 (rsaid Leasetr). Tenant acknowledges its receipt ofa copy of said Lease. Notwithstanding any ottrer provision inthis Site Lease Agrreement to the contrary, the partles agreethat this Site Lease Agreement is subject to and subordinate tosaid Lease. The parties further agree that this Site Lease
'.: l:;t
Agreement is contLngent upon the fornal consent to it by the
Town of Vail.
b. Tenant has the right to obtain a title report or
conmitnent for a leasehold title poJ.icy from a title insurance
conpany of its choice. If, in tbe opinion of Tenant, such titlereport shows any defects of title or any liens or encumbrances
which nay adversely affect Tenant's use of the Premises orTenant's ability to obtain leasehold financing, Tenant shalthave the right, during the first six months following the
Conmencement Date, to tenninate this Lease innediately uponwritten notice to Landlord.
c. Tenant shall also have the right to have the
Property surveyed, and, in the event that any defects are shownby the survey which, in the opinion of Tenantr may adverselyaffect Tenantts use of the Premises or Tenant's ability to
obtain leasehold financing, Tenant shall have the right, duringthe first six nonths following the conmencenent Date, to cancelthis Lease irnrnediately upon written notice to Landlord.
d. Landlord represents and warrants to Tenant that
hazardous substances have not been generated, stored or disposedof on the Prernises nor have the same been transported to or overthe Premises. rrHazardous substancerr shall be interpreted
broadly to mean any substance or material defined or designatedas hazardous or toxic waste, hazardous or toxic material,
hazardous or toxic or radioactive substance, or other sinilarterm by any federal, state or local environmental law,regulation or rule presently in effect or promulgated in thefuture, as such laws, regulations or rules rnay be amended fromtine to tine; and it shall be interpreted to include, but not belinited to, any substance which after release into the
environnent will or may reasonably be anticipated to cause
sickness, death or disease. Landlord will hold Tenant harnl.essfrom and indennify Tenant against and from any damage, loss,
expenses or liability resulting from any breach of this
representation and warranty including all attorneys, fees andcosts incurred as a result thereof.
e. Tenant represents and warrants to Landlord that
during the term of the Lease and any renewals thereof, hazardous
substances sill not be generated, stored or disposed of by
Tenant, its agents or enployees on the Prenises or the Property.Further, Tenant indennifies Landlord against and from any
dauage, Ioss, expenses or liabiLity resulting from any breach ofthis representation and warranty, including all attorneys, fees
and costs incurred as a result thereof.
16. Assicnnent. Landlord understands that Tenant is in theprocess of selling its Construction Pernit and right to operateits cellular systen to Colorado High Country Cellular LinitedPartnership (trCHCC'r), a subsidiary of ltcCaw CellularConnunications, Inc. Landlord. tberefore, consents to the
automatic assignnent of this Lease to CHCC upon the close ofthat transaction. Landlord further consents to the subletting
by CHcc to its paging affiliate, Interlink Comnunications. Any
sublease that is entered into by Tenant shalL be subject to theprovisions of this Lease. Additionally, Tenant nay, upon noticeto Landlord, nortgage or grrant a security interest in this Lease
and the Antenna Facilities, and may assign this Lease and the
Antenna facilities to any such nortgagees or holders of securityinterests including their successors or assigms (hereinaftercollectively referred to as rrMortgageestt). In such event,
Landlord shall execute such consent to leasehold financing as
may reasonably be reguired by ltortgagees. Landlord agrees tonotify Tenant and Tenant,s Mortgagees sinultaneously of anydefault by Tenant and to give Mortgagtees the sane right to cureany default as Tenant except that the.cure period for any
llortgagee shall not be less than ten (10) days after receipt ofthe default notice. All other assignrnents or subletting shal.Ireguire Landlord,s prior written consent, which consent shallnot be unreasonably withheld.
L7. Suecessors anal lssLong. This Lease shall run with the
Property described in Exhibit A. This Lease shall be binding
upon and insure to the benefit of the parties, their respective
successors, personal representatives and assigns.
18. faiver of Landllord,e Lien. Provided that Tenant iscurrent on all rental palment obligations under this Lease,Landlord hereby naives any and all lien rights it rnay have,statutory or othervise, concerning the Antenna facilities or anyportion thereof which shall be deened personal property for thepurposes of this Lease, regardless of whether or not sane is
deened real or personal property under applicable laws. and
Landlord gives Tenant the right to remove all or any portion of
sane frorn tine to tine in Tenant's sole discretion and without
Landlord's consent.
19. l,liscellaneous
a. The substantially prevailing party in anylitigation arising hereunder shall be entitled to its reasonableattorneys' fees and court costs, including appeals, if any.
b. Each party agrees to furnish to the other, withinten (10) days after request, such truthful estoppel infornation
as the other may reasonably reguest.
c. This tease constitutes the entire agreement andunderstanding of the parties, and supersedes all offers,negotiations and other agreements. There are no representationsor understandings of any kind not set forth herein. Any
amendments to this Lease nust be in writing and executed by bothparties.
d. If either party J-s represented by a real estate
i ri 'J' - .r\nq{s:i'!'';'o
broker in this transaction, that party shall be fullyresponsible for any fee due such broker, and shall hold theother party barmless fron any clains for conmission by suchbroker.
e. Landlord agreeE to cooperate with Tenant lnexecuting any documents (including a ltenorandum of Lease)
necessary to protect Tenant,s rights trereunder or Tenantrs useof the Pro'nises.
f. This L,ease shall be construed in accordance wittrthe laws of the state in which the Property is located.
g. If any tern of,this Lease is found to be void orinvalid, such invalidity ehal-l not affect the renaining tems ofthis Lease, which shall continue in full force and effect.
DATED as of the date first set forth above.
I,ANDLORD:
50J
ATTEST:
Eagle County School District RE-
By
,Secretary
TENANT:
Partnership
Independenee Day 1988 Cellular
ByIts
STATE OT
County of
on this day ofa Notary RrllIFc in andpersonally appeared
for the State
be the ofEne cory-rarron cnac execu
Lnstnrnent, and acknowledged tbe said instrunent to be the free
and voluntary act and deed of said corporation for tlre uses and
purposes therein nentioned, and on oath Etated tlrat waEiuthorized to execute sald'instrunent and ttrat tbe seEiAlEiEixedthereto is the corporate seal of said corporation.
WIII{ESS ny hand and the official seal affixed the day andyear first above rritten.
NOTARY PUBLfC in and for the
State ofIty comn].sslon exptres
))ss
)
19_r before ne,of--, *n1ffiilE nfrl
: :;, .
STATE OF
County of
On this _ day of
a Notary pub-lic in andpersonally appeared
,L9 , before me,for the State of .,, known to me to be the
ss
of , the corporationEf,affi th instruneit, and
acknowledged the said instrunent to be the free and voluntaryact and deed of said corporation for the uses and purposestherein mentioned, and on oath stated that was
authorized to execute said instrument and that the Gl ar-rixeathereto is the corporate seal of said corporation.
WITNESS my hand and the official seal affixed the day andyear first above written.
NOTARY PItBLfc in and for theState of _-----..........-lry conmrssron explres
STATE OF
County of
On this _ dayD€r a Notary-nublic in of _r 19anffi
))ss
)
, before
tpersonally appeared , knownlrre inaividuii wno exffiregoing to ne to be
instrunent,free andand acknowledged the said instrument to bevoluntary act and deed for the uses and
mentioned.
purposes therein
WITNESS ny hand and the official seal affixed the day andyear first above written.
NOTARY PUBLIC in and for theState of
--uy conmlsslon exptres
_1'
TIEIBIT A
LEGAI.I DESCRIPIIOX
to the Site I€aee Aqrreenent dated
between Eagle county Scbool Distrlct ffiXndependence Day 1988 Cellular Partnersbl.p, aE TEnant;
lDhe Property le legally deecrilred ae followE:
EXHIBIT B
to t'he Site Lease Agreenent dated
between Eagle county sitrool DistrLct RE@
fndependence Day 1988 Cellular Partnership, as Tenant.
to the Site Lease Agrreenent dated betseen
, as landlord, and , as Tenant
Tbe location of tlre PreniseE rl.thin the Property Ls norepartieularly described or depicted ae follows:
EIgIBIIF C
to tbe Site Lease Agreenent dated
between Eagle county school DlstrLct RE@
Independence Day 1988 Cellular Partnersbip, as Tenant.
lbe folloying J.s a Liet of lienE and nortgages currently onthe Prellses:
* Jt^o nfu',^- ^^flQy'r t7uL'Ln P*,""'l"UtJD
PUBLIC NOTICE
NOTICE IS HEREBY GMN that the Planning and Environmental
Commission 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 October 14, 1991 at 2:00 p.m. ln the Town of Vail
Municipal Building. Consideration of:
1. A worksession to consider rezoning Lots 3 through 9 and 12,Vail Meadows Fiting No. 2 from Agricultural and Natural Open
Space to Residential Cluster.Applicant: Vail City Corporatlon and David ElnorePlanner: Andy Knudtsen
2. A request for a wall height variance for the Chester
Residence, Lot 19, Block 1, Vail village 1st Filing/395 MifI
Creek Circle.Applicant: E.B. ChesterPlanner: Kristan Pritz
3. A fol1ow-up to the Augusb L2, 1991 PEC review of the staff
approval of the minor amendment for Garden of the Gods, SDD
No. 22, Lot K, Block 5A, VaiI village 5th Filing/355 VaiI
Valley Drive.Applicant: Margaret HilI Marital TrustPlanner: Shelly Me1lo
4. A request for a conditional use perrnit for a cellular
telephone "ceIl site" at Red Sandstone School, 551 North
Frontage Road/Lot 2, Block 8, Vail Potato Patch.Applicant: The Walter GrouPPlanner: Andy Knudtsen
5. A request for a minor anendment to the Golden Peak
developnent plan to allow for the installation of a rope tow1ift, 498 vail Valley Drive,/Tract B, vail village ?th
Filing.Applicant: Vail AssociatesPlanner: 'Jill Kamrnerer
5. A request for a setback variance for the Sipf Residence,
3875 Lupine Drive/Lot 148, Block 1, Bighorn 2nd Addition.Applicants: Eric and Susan SiPfPlanner: Andy Knudtsen
7. A request for a satellite dish antenna variance for the
.fackalope Cafe and Cantina, 2161 N. Frontage Road gfest/Lot
2A, Resubdivision of Lot 2, Vail Das Schone Filing *3.Applicant: JackaloPe, Inc.Planner: Mike Mollica
A request for a conditional use permit and a variance to the
parking standards, Section 18.52 of the Town of Vail
Municipal Code to allow for off-street surface parking at
the "HoIy Cross parcel' which is general-ly located on the
norttr side of the South Frontage Road east of and
imrnediately adjacent to Red Sandstone Creek.
9.
10
A request for a setback variance for a garage at the
Kaiser/Ha1l Residence, 4913 ,Juniper Lane/Lot 3, Block 5t
Bighorn Sth Addition.
Applicant:
Planner:
Applicant:
Planner:
Applicants:
Planner:
VaiI AssociatesJill Kammerer
Ursula Kaiser/Robert Hall
Shelly MeIIo
Town of Vail/Vail Associates
Andy Knudtsen
A reguest for an amendment to the approved conditional use
permit in order to construct a snow dump on the proPerty
generally located west of the Town of Vail Shops. The
property is more specifically described as follows:
That part of the North L/2 of Section 8, Township 5 South,
Range 80 west of the 6th Principal Meridian, Eagle County,
Colorado, lying north of Interstate Highway No. 70 and being
more particularly described as follows:
Beginning at the NE corner of said Section 8,' thence along
the northerty line of said Section 8, S89 46' 27"w a distance
of L500.00 ft; thence departing the northerly line of said
Section 8, S00 23'03"W a distance of 529.86 ft to a point on
the northerly ROW line of f-?0; thence along the northerly
ROW line of I-70 following two courses:
1) s'?5 28' l-8"E a distance of 180.82 fE to a point of
curvacurei
2) t327.90 ft along the arc of a curve to Lhe J-eft, having
a radius of 5580.00 ft' a central angle of 13 38'04"
and a chord which bears N89 36'34"E L324.70 ft distance
to a point on the easterly line of said Section 8;
Thence departing said ROW line of I-70 N00 23' 03"E along the
easterly Iine of said Section 8, a distance of 572.10 ft to
the point of beginning, containinS 20.480 acres more or
Iess.
The above description is based on the Town of Vail
annexation plats for the proPerty described and is not based
on a field survey. The basis of bearing for the above
parcel is the northerly line of Section 8 being S89 45'2?"w
as shown on said annexation P1ats.
A reguest to amend Chapter L8.32' Agricultural and Open
Space, Section L8.32.030 - Conditional Uses in order to
allow hrell water treatment facilities as a conditional use.
Rpplicant: Vait Va1ley Consolidated water District
Planner She11y Mello
1t
o
L2. A request to anend Chapter L8.62, Variances, Section
L8.62.080 - Permit Issuance and Effect and Chapter 18.60,
Conditionat Use Permits' Section 18.60.080 - Permit Issuance
and Effect in order to clarify the notlfication of approval
procedures.Applicant: Town of VaiIPlanner: JiIl Kammerer
13. A request for a worksession on Millrace IV Special
Development District No. 4, for Cascade village, to review a
development plan, generally located south of Mlllrace
Condominiums and west of the Westin Resort, vail.Applicant: East-west PartnersPlanner: Shetly MeIIo
14. A request for approval of a wetland nitigation proposal for
areas along Gore Creek and Booth Creek.Applicant: Upper Eagle Valley lilater and Sanitation
District
Planner: Andy Knudtsen
Information on the listed items is available at the Community
Development office in the Vail Municipal Building durj.ng regular
office hours.
TOIIIN OF VAIL
COMMUNITY DEVELOPMENT
Published in the Vail Trail on September 27, 1991.
140 Iakcsidc Ave.
Suitc 100
Scatde, \fA
981224578
(206) 328 0808
Fer (206) 328 0815
Itlr. Andrew Knudtsen
Tonn Planner
Departnent of Community Devel75 South Frontage RoadVail Colorado, 81657
September 15, 1991
Dear llr. Knudtgen
Following, oD behalf of Independence Day 1988 CellularPartnership (IDCP) is the fornal response to the citiesrrApplication For Conditional Userr. It is the intention of IDCPto build a cellular telephone rrcell siterr on property owned bythe Town of Vail but leased to the Eagle County School District
and localIy known as the Red Sandstone Elementary School .
I
NN.IE OF APPLICANI.
fndependence Day 1988 Cellular Partnership
ADDRESS:
18L9 H Street N$1, 7th FloorWashington, DCAttention Thonas Gutierrez
TELEPHONE| (2O2) 857-3500
NAI.{E OF APPLICANT'S REPRESENTATM
David T. Rutter
Senior Vice President
The Walter croup
ADDRESS:
140 Lakeside AvenueSuite 100Seattle Wa, 9aL22
P.O. Box 1285Dillon Co, 80435
TELEPHONE: (303) 468-0101
A.
B.
Letter to Andrew Knudtsen
I. (continued)
II.
c.
Page 2
NAIIE OF OT{NER:
Town of Vail
ADDRESS:
75 S trrontage Roadvail co, 8L657
NAI,TE OF LESSEE:
Eagle County School DistrictAttentLon: Kent Tamsen
ADDRESSI
P.O. Box 740
Eagle Co, 81631
TELEPHoNE: (303) 32a-632L
IPCATION OF PROPOSAL:A portion of lot 8, block 2, Vaj.l Potato Patch, Asubdivision recorded in book 233 at page 629 of the
Eagle County, Colorado Clerk and Recorderts Records.
requests.
D.
LIST OF PROPERTY OWNERS!Parcel 2101 063 02 011Faessler Rea1ty company
2O Vail RoadVail Co, 81657
Block 2, Lot- 8, Part of Potato
Parcel 2101 063 02 OO4
Town of Vail
75 S Frontage Roadvail co, 81657
oclr 2, Lot 8, Part of Potato
Letter to Andrew Knudtsen
III.
Sin
Page 3
IDCP propoaes to conetruct a cellular telephone
teleconmunications faciLity as depicted in the enclosed
drawings. The site will consist of a 12x3o foot addition tothe Red Sandstone Elementary School to house the cellularelectronice. In addition to the building, we propose toinstall 4 whip antennae and a snall dish to the roof of theschool. The building will be constructed so as to matchthe existing exterior facade of the school . The antennaeare placed on the roof so as to maxinize their propagationcharacteristic, but nininize the visual inpact. The
antennae wiLl be painted to match the color of the outsidewalls (concrete) of the Echool . The site will require only
AC polrer and telephone. The existing utilities to theschool have been surveyed and found to be more than
adequate for the site as planned. A11 utilities will beplaced underground.
The rrcell siterr wiII be nonitored 24 hours per day from arenote location and hence will only be visited by
technicians on an as needed basis or in the case of routinemaintenance. It is estinated that after construction, thesite will be visited approximately twice per nonth. This
access will be coordinated with the School District so asto least disrupt or inconvenience the activities of theschool. The access to the site will be via existing public
roads.
David TJ ter
Senior Vive
The Walter
President
Group
by Merb Go<
The extremely low level of radiofrequency, electromagnetic emissions of cellular
telephone base stations (cellsites) produces no harmfuleffects upon the environmental
health or safety of persons living directly beneath or nearby cell site antennas. By
contrast the extensive utilization of cellular telephones by fire, police, ambulance, and
other emergency services for both voice communications and transmission of
electrocardiogram and other medical data have made major positive contributions to
public heatth and safety.
Despite these facts, the recent increased public interest and concern regarding
potential health risks from electromagnetic radiation has been misused as an effective
emotional issue by ad hoc groups attempting to stop construction of needed new cell
site facilities. These groups claim cellular transmissions will cause cancsr, sterility,
cataracts and various other medical disorders. Such claims are typically supported by
sensationalized popular media stories or out-of-context quotes emphasizing worst-case
scenarios from legitimate scientific research studies. Most significantly, the testimony
of these groups ignores or is unaware of the large magnitude of difference between the
very low radiofrequency emission levels of cell sites and the high intensities required
to produce biological effects.
Such confrontations over health risks occur most frequently at public hearings
required by local government planning officials within the process of granting the
necessary zoning and building permits for new cell site construction. Here the
presiding planner or planning commission must decide within the "public's best interest,"
between the scary health risk claims of cell site opponents and body of scientific
evidence refuting such claims. This decision, while clear cut to communication
engineers and epidemiologists, is considerably more difficult for planners or planning
commissioners whose professional area of expertise seldom includes study of, or
familiarization with the scientific literature on biological effects of radio frequency
electromagnetic emissions.
To make responsible and documentable land use decisions regarding cell sites
where health issues are raised it is, therefore, important that planning professionals
understand certain basics concerning radiofrequency emissions and biological effects
thereof. This is within the public best interest not only to allow necessary expansion
of cellular telephone utilities along with other public utilities but to prevent the unfounded
health scare tactics of some, from escalating to alarm communities at large. The
following discussion of radiofrequency electromagnetic emission characteristics,
biological effects and safety standards will hopefully provide these basics.
tI
Radbfrequencv Electromagnetic Emirsbn Characte*rnics
Radiofrequency electromagnetic emissions or radiation consists of waves of
electric and magnetic energy moving together through space at the speed of light.
Each electromagnetic wave has associated with it a wavelength and frequency which
are inversely related by a simple mathematicalformula: (Frequency) times (wavelength): the speed of light. Since the speed of light is fixed, electromagnetic waves with high
frequencies have short wavelengths and waves with low frequencies have long
wavelengths.
The electromagnetic "spectrum" includes all of the various forms of emissions
ftom extremely low frequency (ELF) radiation from electric power lines to X-rays and
gamma rays with very high frequencies and correspondingly extremely short
wavalengrths. In between these extremes lie radio waves, infrared radiation, visible light
and uhraviolet radiation. Radiofrequency emissions lie within this "spectrum" between
about 3 kiloherE and 300 gigahera. One "herE' equals one cycle per second. A
kiloherE (KHz) is one thousand herE, a megahertz (MHz) is one million hertz, and a
gigaherE is one billion hertr. The diagram below illustrates the position of
radiofrequency emissions within the electromagnetic spectrum.
Increaslng Frequency
1Hz lkHz 1MHz 1 GHz 1012H2 1015H2 1018H2 ldlHz
Radio & TV
Radlo Frequency
Emmlslons
Uhraviolet X-Rays
Beside cellular telephone applications, familiar uses of radiofrequency energy
include AM and FM radio and television broadcasting; citizens band, marine, aircraft,
public service mobile, amateur, point-to-point microwave, ground-to-satellite, cordless
telephones and other telecommunications services; and various industrial, medical and
consumer heating and sealing uses including home microwave ovens.
All radiofrequency emissions are of the "non-ionizing" type. That means their
frequenry and resulting energy level is well below that required to ionize atoms and
molecules which would lead to significant genetic damage in biologicaltissue. Only X-
rays and gamma rays at extremely high frequencies (above visible light) have sufficient
energy to be "ionizing." lt is important these terms "non-ionizlng" and "lgnizing" not be
confused.
The commonly used unit for expressing and measuring radiofrequency
electromagnetic emission levels is "powel density." Power density is measured in terms
of power per unit area. For example, microwatts per square centimeter (uWcm2).
Visable
Light
Gellular Radiofiequencv Electrommnetb Emissions
Cell site radiofrequency emission densities typically range ftom a maximum of 2.2
uWcm2 directly beneath an 80 foot high antenna tower to under 1.0 uWcm2 beneath
a 180 foot high tower. These levels drop in half at a distance of 70 feet from the tower
base. They are based upon all 22 channels transmitting simuftaneously at madmum
FCC allotted power levels. Cordless telephones by comparison emit approimately 34
uWcm2 si,x inches from one's head. This level which often bombards teenagers for
hours at a time is 15 to 30 times greater than cellular transmissions.
Biolooical Efiects of Radlofrequency Ebcfornagnetic Emlssims
There is an extensive body of literature published concerning biological effects
of radiofrequency emissions. lt is well documented that high intensities of
radiofrequency energy can be harmful due to heating which occurs within biological
tissue. This principle is used for cooking in microwave ovens where densities on the
order of 100,000 uWlcm2 are used. Researchers conclude the level at which these
harmful thermal effects to the human body begin to occur range from 10,(X)0 to 28,000
uWcm2 which is 5,0(X) times or more greater than cellular radio emissions.
In addition to intensity, the frequency range of radiofrequency emissions is
important in determining relative hazard. At distances of several wavelengths from an
emission souroe, whole-body absorption of radiofrequency energy will occur at a
maximum rate within the body's "resonan@" frequency of 30 to 300 MHz. Cellular
transmissions occur well above this range at 800 to 900 MHz.
A large volume (over 6,000) studies have been conducted in attempts to identify
any non-thermal effects of radiofrequency emissions. These studies termed low level"
by definition were conducted below thermal effect power densities with the most widely
reported being between 1,0(X) and 10,000 uWcm2. While some potential effects in
animals have been observed at these densities the evidence remains inconclusive and
somewhat confusing. lt is however possible that some non-thermal mechanisms exist
that could cause harmful biological effects in animals and humans but this remains to
be proven.
It is important to note that cell site opponent groups usually rely on the more
controversial of these "low level" non-thermal effect studies to allege cellular
transmissions are hazardous. They, however, fail to understand or ignore the
magnitude of difference between the 1,000 to 10,(XX) uWcm2 "low level" densities at
which these studies were conducted versus the 1,000 times lower 1.0-2.2 uWcm2
radiofrequency emission density levels of cell sites. Therefore, even the most serious
potential effects found by these non-thermal studies would still be insignificant at cell
sites power levels.
Source
1. American National Standards
Institute (ANSD
2. Federal Communications Commission
3. State of New Jersey
4. National Council on Radiation
Protection (NCRP)
5. State of Massachusetts
6. Multnomah County, Oregon
7. l(ng County, Washington
8. City of Seattle
9. USSR (aG3oo MHz)
Radkrfiequend EbcfornaorBtb Emissbn Strty Standards
Presently there is no offtcial, mandatory federal standard for protection of the
public from exposure to radiofrequency eleclromagnetic emissions. A number of
organizations with scientific expertise plus several states, counties and cities have issued
standards which are as follows:
1
Standard at Cellular
Radio Freouencies
2,800 uWcm2
2,800 uWcm2
2,800 uWcm2
560 uWcm2
560 uWcm2
560 uWcm2
560 uWcm2
560 uWcm2
25 uWlcm2
10. Environmental Protection Agency (EPA) 280, 560, 2,800
or no Standard
1) At 3C300 MHz these levels are reduced, i.e. ANSI is 1,000 uWcm2
While no consensus is evidenced by these standards it is a very clear that
cellular transmissions with emission levels of 1.G2.2 uWcm2 are many times below
even the most restrictive standard. ft can be seen that while some agencies adopted
the original ANSI standard set in 1982, others applied a safety factor dividing by 5 the
ANS|level. These adjustments were in part based upon possible non-thermalbiological
effects in the 1,000 uWcm2 density levels.
Also noteworthy is the healy criticism among western scientists of Soviet Union
research leading to their most restrictive standard. Recent (1989) information
exchanges with Soviet scientists on this subject indicate upward adjustments to the
standard may be forthcoming. Moreover it is apparent this standard is not well
enforced based on the rec€nt proliferation of very strong amateur radio signals from
the USSR whose power levels clearly exceed such standards.
Condusion
Cellular radio, cellsite radiofrequency electromagnetic emissions are so frar below
any documented levels producing hazardous biological effects (thermal or non-thermal)
and all recognized safety standards that they constitute no hazard to public heahh or
safety. Responsible local government planning officials should therefore reft.fie and/or
disregard any allegations of such hazard in making environmental impact, zoning,
building permit or other land use decisions neoessary to the construction of cell site
facilities.
1-,-r.
I}IIIITlr7
l,lccff CEtl(|l"f,R
COl'll'|0 1l rc€nON g lllG.
The only
difference
between
cellular systems
and wireline
telephones
companws
is the wire.
A cellular telephone system is a series of cell sites linked o a "Mobile
Telephone Swirching Office." A cell site is a telephone tansmission facility that
uses FM radio signals to transmit conversations and data o tlre mobile or
portable phone user. (Anached is a drawing that shows how a cellular system
works.)
Cell sites are required to ransfer (handoCI the voice conversation from
one cell site @ase Transmission Station) to the otheq allowing dre user to
maintain tlre convenation as they are moving tlrough tlre cellular system.
Cell sites are connected by digital microwave and landline services.
The telephone lines allow tlre cellular user to talk through ttre Public Switched
Telephone Nenrork @STN). Microwave is used to increase the cellular system's
reliability factor and provide a redundant network Microwave cannot bc cut by
conmctors ordestroyed by weatherfacors. This allows for the continual use of
the system should the conventional phone system disrupt public service for any
reason (i.e. earthquake, tornado, flood).
All cell sites are connected to the Mobile Telephone Switching Office
(MTSO) and its software processor using the conventional telephone system and
microwave. The cell sites communicate with ttre MTSO and each other by
nansmining information on the user, convenations and data. The MTSO is the
hea$ of tlte system
that conrols all of
the intelligent
network swirching.
The current
development of
cellular systems for
personal commu-
nications requires a
variety of
sructures to be
utilized in the
design and
construction of a
cell site.
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Cellular telephone technology is so new that most local laws have
not specifically addressed the topic. Some city and county land use
ordinances neat cellular facilities like a utility, institutional use,
commercial radio facility or a major power facility; other localities have
handled the industry on a case by case basis.
The typical cellular telephone facility (or "cell site") consists of
mounted antennae (either tower supported or placed on an existing facility)
and housing (usually a structure twelve feet by twenty-eigh$ for radio and
computer equipment. Every reasonable step is taken to mitigate the impact
of cell sites. In urban areas, existing buildings are used whenever possible;
in rural areas, cell sites are located in a manner that minimizes gound level
visual impacL
In those jurisdictions which neat cellular facilities like a utility or
institutional use, a building permit is obtained and the facility consructed.
Where local law requires a permit or zoning variance, the procedure is
more complex. Typically, a hearing examiner looks at the site plan,
reviews mitigating actions and goes over safety and policy related
considerations.
Inconsistencies in the law can result from the following situations:
1. Unclear standards of review and the absence of an underlying
philosophy regarding cellular telephone facilities leaves a great
deal ofdiscretion in the hands of staff.
2. Absence of a decision recognizing the necessity of cellular
telephones and allowing the establishment of facilities in a prompt
and speedy manner.
3. Tying cellular facilities in with other facilities (such as
brroadcast television) which are quite different and require other
standards of review.
4. Recognition of the fact that the issues of radio frequency
emission levels and aesthetics are often overstated and should not
constitute grounds for denial.
An ideal ordinance would recognize cellular telephony as an
emerging and necessary component of the public communications system.
Provisions should be included that will allow the speedy permitting of
facilities so as to accelerate consEuction. Appropriate gounds for
approval should include review of the site plan, establishing reasonable
mitigating conditions, time lines for approval and a reasonable public
hearing process.
Every responsible
step is taken to
mitigate the
impact of
cell sites
Cellular
systems divide
the broadcast
area into small
cells
Cellular radio telephone service is officially called "Domestic
Public Cellular Radio Telecommunications Service" by the Federal
Communications Commission (FCC) which granted authority initiating
and regulating this senrice. It is universally refened to simply as
"cellular." Cellular represents the combination of a portion of the radio
frequency spectrum wittr sophisticated swirching technology that is
capable of providing mobile or portable (hand helQ telephone service to
virtually any number of subscribers in a given area. The Eansmission
quality is comparable to that provided by conventional wireline
telephones, and the same dialing capabilities and features available to
wireline users are available to cellular users.
Cellular was assigned operating frequencies by the FCC in the
800 to 900 megahertz MHz) range. These are well above frequencies
utilized for AM or FM radio and television broadcasting which when
combined with the very low power level of cellular transmissions,
eliminates any possibility of interference to radio, television or other
electronic devices. At these high fiequencies cellular transmissions are
also more sharply weakened and deflected by obstacles in their path. For
this reason, cellular fransmitting and receiving antennas are always
located on towers or atop buildings where they have clear line of sight
signal paths to mobile and portable cellular phone users.
The cell site is a cellular communications site which is the basic
building block of the cellular system. It contains the elevated
ransmitting and receiving antennas, cellular base strtion radios, and
interconnect equipment. This equipment is used to interface the radio
signals sent and received from cellular phones to interconnect facilities
for further routing through the centrally located Mobile Telephone
Switching Office (MTSO) to the wireline telephone nerwork.
The basic concepts behind the design and layout of a cellular
radio telephone system network are those of the cell and the ability to use
the same radio frequencies simultaneously in different cells. Typical
television or radio broadcasting utilizes one transmitter location covering
an entire mefopolitan arca, and relies on extremely tall towers
ransmitting at high power levels. By contrast, cellular systems divide
the broadcast area into small cells (hence the name "cellular") and use
multiple transmitter/receiver (cell sites) locations.
CElJ.UtlR SYS TEM DEStCtt nn,
O
This diagram shows the
cell structure of a typical
urban cellular system.
The grid point
locating the
ideal cell site
is based on the
topography
of the cell.
;>The benefits of the cellular approach
are significantly lower power levels and
lower tower heights. The geographical area
served by an FCC licensed cellular system
is resnicted to one or more urban counties
comprising a Meuopolitan Statistical Area
(MSA) or a group of contiguous rural
counties termed a Rural Service Area;b (RSA). The FCC has designated nro blocks
ofradio frequency spectrum providing 416
channels each or cellular service as only two
licenses are gnnted by the FCC in each
MSA or RSA martet. The goal of the
cellular system concept is to multiply the number of radio channels
available for use in each geographic area by shrinking the size ofthe cells
and re-using the channels at close distances.
System configuration and channel allocation among cell
sites must be designed for channel reuse in order to serve cellular
subscribers using the FCC limited number of channels. In the early stages
of cellular development this was accomplished utilizing a few large cells
with cell sites occupying hilltops and requiring tall towers for maximum
area coverage. As the cellular subscriber raffic demand increases, these
cells are each replaced by a cluster of smaller cells utilizing lower antenna
towers and lower power. The available channels are then reallocated and
reused among these new cells according to the disuibution of subscriber
raffic demand, thereby adding system capacity. This cell division will
continue as the demand for cellular service continues its present rapid
growth. Soon cell sites will be spaced under two miles apart with
antennas nested on 60 foot utility poles or four story buildings instead of
present 200 foot towers.
Cellular technology utilizes a grid system to located the
ideal cell site within each grid. The grid point locating the ideal cell site
is based on the topography of a cell. Iocal terrain features will distort the
grid where they inroduce variations in the normal line-of-sight, radio
signal path. The grid point is selected to maximize the ability of the
system to simultaneously use the same radio frequencies in different cells
without interference. However, in order to maximize the use of each
frequency, the fiansmitter must be located within an area less than one
mile from the ideal grid point. As the grid point may be located in the
middle of a lake, highway, or other inaccessible locations, the job of
finding a suitable cell site is difficult. If a site cannot be located within
the three-quarter mile radius of the theoretical grid point or "search area,"
the cell must be split into sub-cells. Each sub.cell would then require a
separate cell site location to provide the geographical coverage equivalent
to the original theoretical cell point.
CELLUl.AR Sl'STEll DE IGN wnL
The site physical
characteristics
are also
approved, by
other en
Cell Site
Once the theoretical grid point is established, site acquisition personnel
begin evaluating properties within the search area to locate the optimum
cell site. This properry must be of adequate size to contain the elevated
structure upon which the cellular radio antennas and interconnecting cell
site radio link antennas are mounted and space for the 350 square foot
shelter housing the cell site elecronic equipment. The cell site property
search follows a set order of location preferences based upon a desire to
maximize the cell site's compatibility with sunounding land uses and
zoning codes. These location preferences are listed below by pnority.
E nxisting broadcast/communication tower structures
E nxisting water towers
E E*isting high rise office, commercial and indusrial
buildingswhere antennas can be mounted on the rooftop and
electronic equipment within.
E Bare/open land zoned for industrial, commercial or public
utility use which could be leased or purchased.
E noperry with the leastresidential population density and/or
property that will provide natural screening to the public at large.
Each site must also be determined to be technically feasible for
covering the cell based upon engineering elevation requirements and
actual signal strength measurements made from a temporary test cellular
radio tansmitter and antenna placed at the site. The site physical
characteristics are also evaluated and approved by surveyors, soils
testing, title search and field investigation by architects and civil
engineers who will prepare final site and building plans.
As a public service utility, time is of the essence in the
construction and electronic installation requircd to bring new cell sites on
the air. Initial to this a signed lease must be obtained pnor to filing for
required zoning and building permits. Acquisition of these permits may
take six months or morc in some local jurisdictions. Upon their receipt
constuction begins immediately, lasting up to two months depending
upon weather conditions and availability of special materials. If not
available at the required site, electric power and telephone lines must be
extended by local utility and telephone companies via non+xclusive
easements or rights of way which also must be secured. During the nro
weeks following construction, the radio and interconnectequipment is
installed and tested. The site is then placed on the air and technical
adjustrnents may be made frequently by technicians within the next four
weeks. Following this the cell sites are operated with the following
considerations for minimal environmental impact:
CEt t ULAF Sl'SIEltf OE$GI,I mnl
tt
Cellular radio ransmissions are made at very low power levels
producing no harmful effects upon the health or safety ofpersons
standing or living nearby.
A Ceil sites do not interfere in any way with television, radio,
pacemakers or other electronic devices.
E Cell sites have no effect on ground water supply, wat€r or sewer
systems as sanitary facilities are unnecessary o their operation. Erosion
control measures including providing proper storm water rctention and
prompt reseeding of cleared areas are taken to prevent any degndation of
the land during and after construction.
Cell sites create no adverse effect on road congestion and once in
normal operation the only traffic visiting the site is for routine
maintenance or emergency repair which occurs typically under three
times per month.
Cellular towers pose no threat to navigation as each is registered
and approved by the Federal Aviation Adminisration with few towers
being of sufficient height to require painting or lighting. Neither do they
pose a hazard to migratory birds which traditionally fly at considerably
higher elevations.
6 There are no offensive noises or odors emitted by cell sites. The
antennas emit no noise even in high winds, and any sound emitted by the
transmission equipment is confined to the building interior.
Z The towers are sructurally designed based on ANSI/flA/EIA-
2228 wrdUniform Building Code standards to withstand the highest wind
speeds with adequate safety margins of each local area- They are also
equipped with removable climbing hardware and the perimeterof the site
fenced to prevent unauthorized climbing or access.
The sites are constructed and landscaped to be as inconspic-
as possible.
r
uous
llcGnrCELLulf,R
col,t 1't0 N Kanolls, I llq
With the
increase of
cellular users
comes the
increase of
cellular sites.
(F
Cellular communications has a bright future. It is expected ttrat by
the year 2000, one of every five Americans shall be a cellular telephone user.
A nationwide system will allow calls to be placed to or from a person
anywhere. Cellular devices shall continue to shrink in size and will be
capable of many more things.
In the not too distant future, the cellular user will have a portable
devicp that will go anywhere. The "new" telephone shall be full featured and
fit into a breast pocket. customen can expect to carry and operue their
telephone in the home, carand office. Voice dialing (oral commands to the
telephone) exists today and is anticipated as a standard feature within the next
few years. Mobile telephones currently have a computer and fax machine
linkage capacity, with portable telephone to follow the future.
One of the first major changes in cellular as we know it shall be the
shift to digital technology. The cunently existing analog telephone system
sends voice data by elecnonic impulse. A digital system is much like a
computel data is coded into a series of numbers and is decoded and tumed
into voice at the receiving end. Digital technology shall increase the calling
capacity of curently existing cell sites by three fold. The new technology
offers clearer reception and grcater security. Dgital also increases the
capability of tansmitting data by cellular telephone including faxing
capabilities.
With the increase in cellular users comes an increase in the number of
cell sites. Expanded coverage and expanded use shallresultin more but
smaller cell sites. Cellular telephone technology works on a principle of radio
frequency reuse. The same frequency can be used by multiple cell sites so
long as their service areas do not overlap - this requires lower cell sites
covering a smaller area. Ultimately, cell sites shall be located on telephone
poles with a small amount of radio equipment enclosed in a large box about
the size of an elecnical transformer.
Futting such a system in place will require new approaches to cell
siting laws so as to insure that the needed facilities can be quickly installed.
Blanket exemptions would be of great assistance in providing a service to the
greater community.
It is expected that cellular communications shall play a larger role in
emergency managemenl Certain fire departments use fa,r machines attached
to cellular telephones. When a fue breaks out" copies of building plans can be
ransmiued from the appropnate city office o the site of the fue. Emergency
vehicle employees can receive important health records through cellular fa:r
machines. All of this should be commonplace in the next few years.itccf,w cErlolf,R
COtl l.lq Nrc6TlO1{S, lllG.
TOIYN OF VAIL
I ' Qucs,,on.rl,, rhc Ptanning sraff ai 479-?-tlBv
APPLIC,\TION IrOR PLANNINC AND ENVIRONNIIiNI'AI.
COMMISSION N PPROVAL
GFNFRAI INFORMATION
1'his application is for;ury projcct rcquiring approval by thc Planning and Environmcntal Comnrission. For spccific
in forrnation. scc thc subnrittal rcquircmcnt.s forthc particular approval that is rcqucstcd. Thc application can not bc
acccptcd until all rcquircd infornration is subnrittcd. Thc projcct nray also nccd to bc rcvicrvcd by t}c Torvn Council
irnd/or thc Dcsign Rcvicw Board.
D Antcndmcnt to an Approved Dcvclopmcnt Plann Employcc Housing Unit (Typc: )n Major or D Minor CCI Extcrior Altcration
(VailVillagc)
D. Major or D Minor CCII Extcrior Altcration
(Lionshcad)
tr Spccial Dcvclopnrcnt Districttr Major or fl Minor Anrcnamcnt to4i SOO
A. TYPE OF APPLICATION:
tr Additional CRFA (250)
D Brd and BrcaL-fast('C o n di ti onal Us c Pcrm i t
O Major or El Minor Subdivision
tr Rczoning
tr Sign Variancc
tr Variancc
D Zoning Codc Amcndmcnt
DESCRIPTION OF THE REQUEST:a\ .-\ ,AooF+ K€nLne{
ft.
l].
('a
C. LOCAI'ION OF PROP : LOT I]LOCK- FILING D 11)/Y
ADDRESS:/d\BUILDINC NAME:
D. ZONINC:
NAME OF O\\4\ER(S):
MAILINS ,$.DDRESS:
I PHONE:
f'olvNER(s) STGNATURE(S)!
G.NAME OF REPRESENTATTVE:
FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE.
SUBIUIT THIS APPLICATION, ALL SUBMITTAL REQUIREI\IENTS AND THE FEE TO THE
DEPARTMENT oF collIMLiNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD,
L
PHONE:-
/*pra /o
H.
L^i"f Dil ke*r Dr/]lL,
L'r L E Nc l-s-s
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MAILINC ADDRESS:
For Officc Use Only:
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VAIL, COLORADO 81657.
Rcvird &96
oo or
TOWN OF VAIL
Department of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci.vail.co.us
January 18,2002
R.C. Powell
Fax: 303-791-1552
RE: Telecommunications facilities at 551 N. Frontage Rd., Red Sandstone Elementary
School / Lol 8, Vail Potato Patch Filing 1.
Dear R.C.,
I have received your request to extend your approvals for the telecommunications
facilities located at Red Sandstone Elementary. A conditional use permit is valid for two
year, therefore lhe approval for the use is approved until November 27,2002. Staff does
not have the ability to extend this approval. However, a Design Review approval is valid
for one year. I have extended this approval until November 27,2Q02. No more
extensions are allowed. Should you have any questions, please do not hesitate to
contact me al 97 0-479-2369.
Planner ll
Town of Vail
{,7 *tn*o"*
o.oo
Design Review Board
ACTION FORM
Deparbnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479,21}) fax: 970.479.2452
web: www.ci.vail.co.us
Proj€ct Name! Red Sandstone - Antenna Structure DRB Number: DR8000045
Project Description:
Extension of approval to remove antennas & conduit from roof and replace in different locations.
(Expires Nov 27, 2002.)
Pafticipants:
OWNER TOWN OF VAIL 10/31/2000 Phone:
License:
APPLICANT Liberty Wireless/At&t Wirelel0/3U2000 Phone: 303-573-3277
R.c. Powell
1001 16th St. Suite C-1
Denver, Co 80265
Project Address: 551 N FRONTAGE RD WEST VAIL Location:
Legal Description: lot: 8-A Block: 2 SuMivision: VAIL POTATO PATCH
Parcel Number: 210106302013
Comments: Conditional Use with 3 conditions
BOARD/STAFF ACTION
Mouon By: Action: STAFFAPR
Second By:
Vote: Date of APProvalt 1112912000
Conditions:
Cond: CON000zl495
That the applicant shall plant two six-foot tall coniferous trees prior to June 15,
2001 immediately to the east of the proposed transformer, air-conditioning unit, and
generator in order to provide adequate screening for this equipment.
Cond: CON000,1496
That applicant shall receive written approval from the Town of Vail prior to
beginning work upon Town-owned property.
Cond: CON0004497
That the applicant shall plant additional landscaping if any landscaping is
disturbed or destroyed during construction.
Cond: CON0005166
Extension of approval until Nov 27, 2002
Planner: Ann Kjerulf DRB Fee Paid: $20'OO
..,o.oo
\lt\\l//\/
LIBERTY
WiraStrr
I n c o r p o I I t t d.
January 16,2W2
TownOfVail
Dep,t. of Community Development
75 SouthFrontageRoad
VaiL Colorado 81657
RE: AT&T Wireless Services
Red Sandstone School Site
Zorung extension request
Attn: Judy Rodriguea
Dear Judy:
I want thanh you for taking thetime today to help me get on the right trad( to finally get
th9 project at Red Surdstone undenvay and completed.
On behalf of our client AT&T Wireless Services, we atre requesting an entension on the
zoning approved November 2000. Would you please srtend it through November 2002.
Should you need further assistance in this matter please feel free to contact me whenever
nec€ssary. Thanks!
Cell 720-244-4E89
Pbone 303-791-8279For 303-791-1552
THE lloL'tT.{BLB llt'rr"DlNri
730 lTrh STREEI sunE 63s DENVm, COTORADO 80202
303/53.+.{991 toq.,ts31-69i2
w\nw.Iberh/wie.corlr
TOWN OF VAIL
Depaftment of Conmunity Deve lopment75 South Fronuge Road
Vail, Colorado 81657
970-479-21s8479-2t3e
FAX970-479-2452
November 29,2000
R.C. Powell'
Libertv Wirestar Inc.
no rit' Street, Suite 635
Denver, CO 80202
Re: Proposed telecommunications facilities at Red Sandstone Elementary School
Dear Mr. Powell:
It is my understanding that AT&T Wireless Services, Inc. in conjunction with
Liberty Wirestar, Inc. would like to improve the telecommunications facilities at
Red Sandstone Elementary School. This will involve the removal of existing
antennas and placement ofa new antenna screen structure upon the roofofthe
school in addition to the placement of a new generetor, air-conditioning unit, and
transformer. It is also my understanding that a conditional use permit has been
granted by the Planning and Environmental Commission subject to tlree
conditions including the planting of two six-foot tall conifers to adequately screen
the generator, transformer, and air-conditioning unit; the replacement ofany
landscaping damaged during construction; and written approval from the Town of
Vail prior to beginning work upon Town-owned property.
On behalf of the Town of Vail, the owner of Lot E, Vail Pot*o Patch Filing #1, I
grant permission for this project to be completed.
Sincerely,
ob Mcl.atriri
{7**"uo'u*
aesthetically
pleasing and
hide coax
wire that runs
inside poles.
A cell site is chosen based upon the system engineer's direction. Each
cell site placement is critical to the other, establishing a grid pattern that
eventually will have cell sites approximately one (l) mile apart in urban
areas. A cell site may be placed around a variety of stuctures. The
following are those types of structures available for cellular buildout:
Existing commercial or residential structures that meet the height
requirement of the system design engineer. These may include oftice
buildings, apartment buildings, water towers, grain elevators and existing
structurally sound towers. They can be utilized in two separate ways.
a) Place a prefabricated building next to the structure and attach the
antennas to the rooftop. This is done by running the coax cables along
the exterior of the building in a chase system that is designed to match
the exterior of the building.
b) Build out a space in the building (office or apartrnent). Run
the coax through a chase system and elevator shafts and connect
the antennas to the rooftops.
c) Advantages - No tower or monopole is required.
d) Disadvantages - Once the site is required to be lowered, the
building must be abandoned. If no other buildings of a lower elevation
are available in the area, independent structues must be built.
Monopoles - A monopole is a single pole used in heights from 60 feet
to 150 feet. The monopole is designed for limited structural load factors.
Monopoles are utilized for areas that have minimal land available (i.e.
landlord will only lease a small portion of his property). The base of a
monopole is from forty (40) inches to seventy-two (72) inches in diameter
at the base.
a) Advantages - Monopoles are more aesthetically pleasing and
hide coax wire that runs inside pole.
b) Disadvantages - Cannot lower site antennas and pole without major
redesign. A monopole comes in nro (2) or three sections. If the
antennas need to be lowered because of a redesign of the system, a new
pole must be placed or the existing structure must remain. When the
antennas must be lowered, the site will be completely turned off and
then reconnected to restore customer services. The sfuctural sway
designed into a monopole is three to five feet due to wind loading.
Therefore, microwave cannot be placed higher than that uea which
would cause a loss of signal because of the sway.
Monopoles
are more
TY PES 0F STRUCflJRES REQUIRED nnt
Antenna
Separation is
a requirement
for the cell
site to operate
properly.
Lattice Towers - Lattice towers come in two forms, guyed and self-
supporting. The ma:rimum height for a self-supporting tower is 200
to 250 feet, for cellular use. A guyed tower allows for greater height
and is typically used in rural areas which require great€r coverage
and limited numberof cell sites.
a) Advantages - Self-supporting are constructed in 20-fmt sections;
can lower aniennas with ease; greater flexibility; minimal sway to allow
for microwave dishes at any level; the cost is approximately one-half to
one-third of a monopole
b) Disadvantages - Not as aesthetically pleasing !o the eye; more
gound area required at the base (25' square for a 250'high tower - l0'
square for a 100'high tower).
Antenna Separation is a requirement for the cell site to operate properly.
The antennas must be separated approximately six to eight feet apart. This is
called "Diversity Reception." This diversity is needed on the receive
antennas so they will always receive an optimal signal from the mobile
telephone. A receive antenna is typically a whip or panel antenn& A whip
antenna is ten feet long and two inches in diameter and panel antennas differ
in shape. Diversity Reception is the reason you see the antenna at the ends of
the triangular pladorm.
_ IlcGf,lffCELLOI"FR
col{ ],to lt tcfrTtolts, HC.
Ttrr !TALTEn Gnoup
140 lakci& Avc.
Suit€ 100
Scatdc, VA
98122457E
(20O 128 0808
Fs (205) 328 0815
l,[r. Andrew Knudtsen
Town Planner
Eown of Vail
Department of Connunity Development
75 South Frontage Roadvail, Colorado 81657(303) 479-2L38
September 10, 1991
\
m? SEp 1 0tg9f
Mr. Knudtsen
Thank you for neeting vrith me on September O9, 1991. I amlrriting this letter to request that Independence Day 1988Cellular Partnership (IDCP) be allowed to address the TownCouncil'at it's work session on Tuesday the 17th of September.
As we discussed, fDCP is one of the two cellular telephone
companies authorized by the Federal Communications Conmission
(FCC) to provide cellular telephone service to the Vail andsurrounding conmunities. The other authorized carrier is U.S.I{est Nerr Vector. IDCP, is majority owned by McCarr Cellular
Communications, Inc. who is conEidered by the industry as thelargest provider of Cellular service in the United States.
It is IDCP's intention to develop a cellular telephone rrcell
siterr on property owned by the Town of Vail, but leased to theEagle County School District and known locally as the Red
Sandstone Elementary Sehool . Enclosed with this letter is aIease that was negotiated with the School District thatsubordinates the agreement between IDCP and the District to the
Lease between the District and the Town of Vail. As we will besubordinate to this lease, I will be reguesting that the TownCouncil allow this development as a Conditional Use (ifconditional use is approved) and agree to the lease between theSchool District and IDCP.
AIso enclosed with this letter is a prelininary sketch of theproposed facility. The cell site will consist of a 350-4OO
square foot building that will be constructed as an addition tothe school facility as showri in the sketches. This buildingaddition will be unnanned, and house the cellular electronics.4 whip antennae will be mounted on the interior parapet wall. Asmall dish will be placed on the back of the roof to provide a
t
comunlcations llnk to Avon. The eite will only require
telephonc and electrlcity (eingle phase at 200 amps). Thls cellis derLgmcd eo th.t subacrlbera or uaGre of cellular technologry
ray un thelr portrble phones ln tlra kcy Vail Village arca. The
Red Srndrtonc clte ls part of a eycten of cells that will bebullt alo'nE thc I-70 corrl.dor to the Eart to eventually linlr the
Dcnvsr 3y3ten rlth that of Vail.
I holn this narratlve anewers noat of your guestions raiscdyesterday at our lsetlng. If you nccd further lnfonation pleaeecall ne at (303) 468-010l. Agatn, thankg.
Scnior Vl Preeident
Grouptlre tlalter
m0 sEP 10t901
Trrr 'WALTBR Gnoup
l,l0 Lekcside Avc.
Suite 100
Seatde. VA
98122-6578
(200 328 0808
Fzr (206) 328 08t5Ur. Andrew Knudtsen
Town Planner
Department of Community Development75 South Frontage RoadVail Colorado, 81657
September 15, 1991
Dear Mr. Knudtsen
Followingt on behalf of fndependence Day 1988 CellularPartnership (IDCP) is the fornal response to the cities
'Application For conditional use'. rt is-the intention of rDcpto bulld a cellular telephone rrcell siter on property owned bythe Town of vail but leased to the Eagle county school oistricland locally known as the Red Sandstone Elementary School .
I
A. NA!,TE OF APPLICANT:
Independence Day 19gB Cellular partnership
ADDRESS:
181-9 H Street NW, Zth FloorWashington, DCAttention Thomas Gutierrez
TEL,EPHONEz (2021 857-35oo
B. NAI,IE OF APPLICANT'S REPRESENTATIVEDavid T. RutterSenior Vice president
The !{alter croup
ADDRESS:
140 Lakeside AvenueSuite 100Seattle Wa, 99L22
P.O. Box 1285DiIIon Co, 80435
TELEPHoNE: (303) 4G8-0101
Letter to Andrew l(nudtsen
f. (continued)
C. NAI,TE OF OVINER:
Town of Vail
ADDRESS:
75 S Frontage RoadVail co, 81557
NN{E OF I,ESSEE:
Eagl.e County School DistrictAttention: Kent Tamaen
Page 2
ADDRESS:
P.O. Box 740
Eagle Co, 81631
TELEPHONE: (3O3) 328-632L
D. IOCATION OF PROPOSAL:A portion of lot 8, block 2, Vail Potato patch, Asubdivision recorded in book 233 at page 629 of theEagle County, Colorado Clerk and Recorderrs Records.
E.
F. LIST OF PROPERTY OWNERS:Pareel 2101 063 02 011
Faessler Realty Company
20 vail RoadVail Co, 81557
Block 2, Lot I, Part of Potato
Parcel 2101 063 02 OO4
Town of Vail
75 S Frontage RoadVaLl Co, 81557Block 2, Lot 8, Part of Potato
II. Will conply with all requests.
Letter to Andrew Knudtsen
ITI.
Page 3
IDCP proposes to construct a cellular telephoneteleconmunications facility as depicted in the enclosed
drawings. The site will consist of a 12x30 foot addition tothe Red Sandstone Elementary School to house the cellularelectronics. In addition to the building, we propose toinstall 4 whip antennae and a snall dish to the roof of the
school . The building will be constructed so as to matchthe existing exterior facade of the school . The antennae
are pLaced on the roof so as to naxinize their propagationcharacteristic, but ninimize the visual inpact. The
antennae will be painted to match the color of the outsidewalls (concrete) of the school . The site will reguire only
AC power and telephone. The existing utilitieE to theschool have been surveyed and found to be more than
adeguate for the site as planned. All utilities will beplaced underground.
The rrcell siterr will be nonitored 24 hours per day from aremote location and hence will only be visited bytechnicians on an asr needed basis or in the case of routinenaintenance. It is estinated that after construction, theslte will be visited approxinately twice per nonth. This
access will be coordinated with the School District so asto least disrupt or inconvenience the activities of theschool-. The acceEe to the site will be via existing public
roads.
Senior Vivei President
The Walter Group
b
0ate of Appllcation *fftSiF 16teel
APPLICATION FOR CONDITIONAL USE PERMIT
l. This procedure is requlred for any proJect requlred to obtain a conditiona'l
use Permit.
The app'licatlon wil'l not be accepted until all lnformatlon ls submitted.
/5k{25 7'-tA. r{ME oF nppltcnnrTflk [Ynut 'Lg
ADDRESS
PHONE-
,,/
C. NAME 0F Ol.lNER(s) (print or type) ,'Dv,nt/ tr (/4tt
ol'tNER(s)' sIGNATURE (s) -/c, fu t?evtezrz-rt 6Y Ctt 'atr ,t--..--
ADDRESS
PHOI{E
D.L0CATION 0F PROP0SAL: LEGAL:LOl 7 BL oc4-L rr une-Prtu7 ol Mtfl r@rrt
ADDRESS
E.FEE $roo PAIDIjI{HJ
THE FEE }'IUST BE PAID BEFORE THE
ACCEPT YOUR PROPOSAL.
DEPARTIIIENT OF COI.,IMUNITY DEVELOPI.IENT I.IILL
pic nei srrpUaATE. ALL coNDITIoNS 0F APPRovAL l-lusT BE coMPLIED IIITH
F. A l'lst of the names of ov{ners of all property adJacent to the subJect ProPerty
TNcLUDTNG pRopERTi BiHIND AND AcRgss brnEers, and thelr-ma!l!19_a91t9!!9!:
iHr-lppltcRNT r,trii eE RispoNsrsie ron coRREci ohtNERs AND coRREcr ADDRESSES.
II. PRE-APPLICATION CONFERENCE:
A PRE-APPLICATION CONFERENCE I{ITH A PLANNING STAFF I,IEI'EER IS STRONGLY SUGGESTED
T0 DaTERt.lTNE rr-[ni-lboiiiollai--ilrFQRI',rATroN Is I{EEDEo. lto APPLlcATl9lt llLL-
BE AccEPTED uNLE'i'i'IT ii'ioi'iCLEi'r (uuiSt-ittcluor A'l treus REqllI!!g PI-THE-ZoNING
itmiiliSiiAioRi:- ir-ts rHEepPLIcANi'i RrspoHstsLII! To-IIAKE 4r{-Aq?0INTMENTliri ini irArF ro-Frtto oui lsoui ADDTTIoNAL SUBMITTAL REQUIRET'IENTS'
PLEASE I{OTE THAT A COMPLETE APPLICATION I.IILL STREAMLINE THE.APPROVAL
rOn iOun pnOJEcT BY.Eefimrne iir NUMBER 0F coNDITIoNS 0F APPRovAL
PROCESS
THAT THE
BEFORE A
BUILDING PERMIT IS ISSI]ED.
(0vER)
Condltional use ref-e-
I lI. Four
A.
{
B.
(4) copies of the following information:
A description of the precise -nature of the proposed use and its
operatinb characteristics and measures proposed to make the use
cbmpatible with other properties in the vicinity.
The descriptlon must a'lso address:
l. Re]atlonshlp and impact of the use on development obJect'lves
- of the Town.
2. Effect of the use on light and air, distribution of population'
transoortation facilities, uti'lities, schools, parks and recreation
iacttities, and other public faci]ities and public facilities needs.
3. Effect upon traffic, wlth particular reference to congestion'
automotJve and pedestrian safety and convenience' traffic f'low
and control , actess, maneuverability' and rernoval of snow from
the streets and Parking area.
4. Effect upon the character of the area ln whlch tfe pryposed
use is tb be located, inc'luding the sca'le and bulk of the proposed
use in relation to surround'i ng uses,
A site plan at a sca'le of at'least'1" = 20' showing proposed development
of the site, including topograPhy, building locations' parking
traffic ciriu]ation, useabli open space' landscaped areas and utilit'ies
and drainage features.
Pre'liminary bui'lding elevations and floor p'lans.
A tit'le report to verify ownership and easements.
lf the building is condominiumized, a letter from the condominium
association in-support of the proposal must be submitted to staff.
c.
D.
E.
F. Any additional materia'l necessary for the review of the application
as-determined by the zoning administrator.
* For interior modification, an improvement survey and slte p1 an
may be omitted bY the aPP'licant.
lV. Time Requirements
The Planning and Environmenta'l Commission meets on the 2nd and 4th l4ondays
of each monih. A complete applicat'ion form and all accompanying material
(as described above) must be submitted a minimum of 4 weeks prior t0 the
date of the PEC Pubiic Hearing. No incomplete applications (as determined
b.y the zoning administrator) wi]l be accepted by the plannlng staff before
oi after the-designated submittal date.
b
If this application requlres a geparate revlew by any ]ocal, State or
Federal agency other than the Town of ValI, the appllcatlon fee shall be
increased by $200.00. Examples of such review, may lnclude, but are note
lirnited to: Colorado Department of Hlghhtay Access Permits, Army Corps of
Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees which
are in excess of 50t of the applicatlon fee. If, at the applicant's
request, any matter J.s postponed for hearlng, causing the matter to be
re-publlshed' then' the entlre fee for such re-publication shal1 be paid
by the applicant.
Applicatlons deemed by the ConununLty Development DePartment to have
significant design, land use or other issues which may have a significant
Impact on the conununity may regulre review by consultants other than town
staff. Should a determination be made by the town staff that an outside
consultant ls needed to revlew any applicatlon, the Conmunity Development
may hlre an outside consultant, it shaLl estimate the amount of money
ne-essary to pay him or her and this amount shall be forwarded to the
Town by the applicant at the time he files his application with the
Community Development Department. Upon completion of the review of the
application by the consultantr ahy of the funds forwarded by the
appticant for palment of the consul-tant which have not been paid to the
consultant shalt be returned to the applicant. Expenses incurred by the
Town in excess of the amount forwarded by the appllcant shall be paid to
the Town by the applicant within 30 days of notification by the Town.
')li . h rY
I
.- ir.l
L
i:fL
''J - r,
i1 tli.,"'.
| ''
11',(
TO:
FROM:
SI]BJECT:
DATE:
11 (s,,,1 . (' \i/i1i)i t Lt itt
Community Development Depannrentflown Manager's Officc
,l ,l ,'
hoposed use of Red Sandstone Elementary School for a Modular Telephone Cell
Site
September 24, t99l
t i t i-), , t1
t )zt (' -i p .'r' .4:
Independence Day 1988 Cellular Partnenhip rcpresented by David Ruuer, is proposing to
construct a "cell site" for modular telephone service at the Red Sandstone Elementary School. 51
This would involve constmcting a building, approximately 12' by 28', installing a 2 foot diamercr ff
satellite dish, and setting up four 8-foot tall antcnnas. Suff has dcfincd this usc as a "Public//1
Utilities Installation" which is a conditional usc in the Public Use Zonc District. As a conditionalf l/
use, the Planning and Environmental Commission must approve it bcforc it can be builr U
There are three issues which staff has identified. The fint is that Council must allow the
- apalicaotlOpeqggd_lbrpugh the+lannine;2lgss. This initial approval would only allow thef)
afipfcant to nC-fie tbnd-tipnat Use application to the PEC. The applicant must still return till
Council to work out a$ub:leayi agfbement for the use of the Town owned land. The land is
currently leased to the Eagle County School District and the leasc for the "cell site" would b.,ff_",t,
a sub-lease from the school district. The Town, as land owner, would have to glve its consent A!?, )/L_
to the sub-lease. ')tr-,
The second issue deals with thelrent o be charged to the modular tclephone company. Staff
believes that any rcnt to be chargbd-'should bc divided 50/50 between the school district and the
Town. A draft copy of the sublease benveen the school district and the modular telephone
company calls for a $500 monthly rcnt payment, to be paid in services or in cash. In addition,
the lessee has offered the use of five modular phones to the school disuict. Though staff'
suggests an equal division of the rent that is to be pai4 staff is looking for Council to set the
policy in this matter.
The last issue of concern deals with theiimber of Jii which could be dcvcloped as "cell sites."
Staff was concerned that tlre demand for cellular phone service may incrcase o a degree that the
Town would have "cell sites" in many locations. Currcntly, USWest has a "cell site" at the Solar
Vail building. This site was approved by the PEC in October of 1990. Staff understands ftrom
the current applicant that the court decision for the AT&T break-up limits the number of modular
phone serviCe carriers in any given arca to two. Though there may be other r€quests for anrcnna, I jr,
satellite dishes, or other transmission devices frrom other groups (such as the for€st service, Vail \----'
Associates, emergency response groups, etc.) it appean that there will not bc other commercial
modular phone "cell sites" located in this area of the town. This issue is something the applicant
could document during the Conditional Use Review if Council desires.
Staffis requcsting that the Council allow the applicant to proceed through the planning process
and that the Council set policy for how much rcnt should be collected and how it should be
divided with the school district.
VAIL TOWN COUNCIL
WORK SESSTION
TUESDAY, SEPTEMBER 24, 1991
12:00 P.M.
EXPANDED AGENDA
12:00 p.m. 1. PEC Report
12:10 p.m. 2. DRB Report
12:15 p.m. 3. Proposed installation of a cellular phone site at Red SanGtone
Andrew lftudtsen Elementary school (Applicant: David Rutter, representing
Independence Day 1988 Cellular Partnership (IDCP)
Action Requested of Council: Approve/deny applicant's request
to proceed through the planning process.
Backqround Rationale: The applicant, IDCP, would like to install
a cellular phone site at the Red SanGtone Elementary School.
Because the school property is owned by the Town of Vail,
permission to proceed through the planning process must first be
given by the Town Council. In addition, the cellular phone
station must be approved by the PEC as a conditional use. The
facility will include a building, approximately 12 x28, a 2{oot
diameter satellite dish, and four 8-foot tall antennas. ln the
Council packet is a memo from statf outlining issues involved
with the requesl, and a letter explaining the request in more
detail. The applicant will be present at the Council Work Session
to answer any questions.
Staff Recommendation: Staff recommends the Council allow the
applicant to proceed through the planning process.
1:00 p.m. 4. 1992 Budget
Steve Banrick
Steve Thompson ' Contribution Requests
4:50 p.m. ' Community Development Department Orientation
Kristan Pritz ' Community Development Departmentral Budget
Jen Wrlght ' Houslng Authority
5. Information Update
6. Other
7. Adjournment
1
Design Review Board
ACTION FORM
DepartTert of Community Development
75 Sorlth Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: wwwd.vail.co.us
Project Name: Red Sandstone DRB Number: DR8010049
Prorect Description:
Construct a soccer field
Participants:
OWNER TOWN OF VAIL 03/20/2001 Phone:
o/o FINANCE DEPT
75 S FRONTAGE RD
VAIL CO 81657
License:
APPUCANT TOWN OF VAIL 031201200I Phone:479-2337
9o FINANCE DEPT
75 S FRONTAGE RD
VAIL CO
Gregg Barrie 81657
License:
ProiectAddress: Location:
Legal Description: Lot: Block: 2 SuMivision: VAIL POTATO PATCH
ParelNumber: 210106302004
Comments:
BOARD/STAFF ACTION
Motion By: Bill Pierce Action: APPROVED
Second By: Charles Acevedo
Vote: 4-0 Dateof Approval: 05ll7a00l
Conditions:
Cond:8
(PIAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the Design Revierv Board.
' Planner: Allison Ochs DRB Fee Pald: 10.00
Page I ofl
Allison Ochs - Red Sandstone Athletic Field fencing
From: Gregg Banie
To: Allison Ochs
Date: 10/29/2001 9:51 AM
Subject: Red Sandstone Athletic Field fencing
Allison,
As you know, we have been researching a new fence product for the athletic field which is supposedly
less visable than chain link. However, after engineering the supports and pricing the fencing material,
we feel that while it is a good product, it is excessively expensive to install.
The cost to install this new product is close to $100 per linear foot as opposed to chain link which is
about $36 per linear foot.
We would like staffapproval to install an 8'high, brown chain link fence. At this time, we are
approved for either a 6'high brown chain link, or a l0' fence of the new product. As you may recall, at
the first DRB presentation on this project, Bill Pierce recommended an 8'high fence as opposed to a 6'
high fence in order to stop as many balls as possible from going over the fence.
We are asking for staff approval so that the fencing contractor can order the materials as quickly as
possible given that winter is quickly approaching.
Again, we feel the new product would work well in this situation, but I think the excessive cost would
be hard to justiff.
Please call ifyou have any questions.
Thanks
fi le://C :\Windows\temp\GWJ 00005.HTM t0/29/200r
DESIGN REVIEW BOARD AGENDA
Wednesday, November 7, 2001
3:00 P.M.
PUBLIC MEETING RESULTS
PUBLIC WELCOME
PROJECT ORIENTATION, LUNCH - Community Development Department
MEMBERS PRESENT
Clark Brittain
Bill Pierce
Hans Woldrich
Andy Blumetti
Charles Acevedo
SITE VISITS
MEMBERS ABSENT
Ftu cuPy
12:00 pm
1:30 pm
1.
2.
3.
4.
Driver:
Joss/Kohen residence - 1467 Greenhill Courl
Lion's Square Lodge - 660 West Lionshead Place
Villa Cortina - 22 West Meadow Drive
Mountain Haus - 292 East Meadow Drive
PUBLIC HEARING - TOWN COUNCIL CHAMBERS
1. Villa Cortina - DRB00-0077
Final review of exterior alterations & interior conversions.
22 West Meadow Drive/Lot A, Vail Village 2no Filing.
Applicant: Michael Sanner & Rollie Kjesbo
MOTION: BillPierce SECOND: Charles Acevedo VOTE: 5-0
TABLED UNTIL NOVEMBER 21, 2OOI
2. Lion's Square Lodge - DRB01-0307 Bill
Final review of proposed addition.
660 West Lionshead Place/Lot 1, Vail Lionshead 1"' Filing.
Applicant: Lion's Square Lodge, represented by Design Workshop
MOTION: Hans Woldrich SECOND: Andy Blumetti VOTE: 5-0
TABLED UNTIL NOVEMBER 21,2001
3. Mountain Haus - DRB01- 0366 Bill
Final review of proposed entry canopy.
2g2EaslMeadow Drive/Lot 5, Part of Tract 3, Vail Village l"rFiling.
Applicant: Mountain Haus Condo Assoc., represented by Fritzlen Pierce Architects
MOTION: Hans Woldrich SECOND: Clark Britiain VOTE: 4-0 (Pierce recused)
3:00 pm
Bitl
APPROVED WITH 3 CONDITIONS:
1 . That the kneg brace be revised to be heavier in mass and appearance.
2. That all Town of Vail Staff requirements be met.
3. That this approval is contingent upon Planning and Environmenlal Commission
approval of site coverage and set back variances.
4. VailNightclubs, Inc. DRB01-0324 Bill
Final review of proposed awning.
228 Bridge Street, Suite 300/ Lot A, Block 5, Vail Village 1" Filing.
Applicant Annie Egan
MOTION: Hans Woldrich SECOND: Andy Blumetti VOTE:4-0 (Pierce recused)
CONSENT APPROVED
5. Joss/Kohen residence DRB01- 0367 George
Final review of proposed retaining wall.
1467 Greenhill CourULot 10, Glen Lyon.
Applicant: Elenore Joint Venture /Richard & Diane Cohen
MOTION: Hans Woldrich SECOND:Andy Blumetti VOTE:4-0 (Pierce recused)
APPROVED WITH 4 CONDITIONS:
1. That the approval of the applicant's Design Review Board is conditioned upon an
approval of a pending application for a retaining wall height variance cunently
scheduled for final consideration of the Town of Vail Planning & Environmental
Commission on Monday, November 12,2001. Should the variance request be
denied by the PEC the DRB approval of November 7,2001, shall become null and
void.
2. That the applicant installs a six-foot tall chain link construction fence with an
attached erosion control mesh along the western limit of disturbance line to limit
sile disturbance and prevent encroachment upon Town of Vail properly. The
applicant shall also install a four-foot tall plastic construction fence around the
remainder of the construction area. The construction fences shall be erected prior
to the issuance of a building permit for the retaining wall work and shall remain in
place throughout the duration ofthe construction project.
3. That the applicant removes the temporary site access road and restores the site
to its original grades and revegetates all areas of disturbance with native grasses,
prior to a final landscape inspection.
4. That the applicant retums to the Town of Vail Design Review Board with a
proposed final landscape plan for the site. The plan shall include provisions for
surface drainage, the mitigation of twenly (20) aspen trees (180 caliper inches)
and the screening of the ends of the wall wilh coniferous trees. The applicant
shall retum to the DRB for final approval prior to January 1,2002.
6. Gateway Building DRB01- 0326.
Final review of proposed repaint.
12Yail Road/Lot N, Block 5D, VailVillage 1"t Filing.
Applicant: Mountain Owners, LP, represented by Braun Associates, Inc.
WITHDRAWN
Allison
7. Red Sandstone Athletic Field DRB01- 0649. Allison
Final review of proposed fence material.
610 N. Frontage Rd. WesUA portion of Tract C, Vail Potato Patch.
Applicant: Town of Vail, represented by Gregg Banie
MOTION: Hans Woldrich SECOND: Andy Blumetti VOTE: 5-0
CONSENT APPROVED
Staff Approvals
Larkspur Restaurant and Bar DRB01-0345. Brent
New wall sign.
458 Vail Valley Drive/Golden Peak Ski Base
Applicant: The Vail Corporation
Hsu residence DRB01-0346. Brent
Re-roof, same for same.
1761 Alpine Drive/Lot 32, Vail Village West 1"' Filing.
Applicant: John H. & Priscilla Brown Hsu
Schmidt residence DRB01-0347. Brent
New deck.
401 Beaver Dam Circle/Lot 2, Block 4, Vail Village 3'o Filing.
Applicant: Carol Woods Schmidt
Henkes residence DRB01-0342. Brent
Replace existing window with bay window and add window.
2821 Kinnickinnick Road/Columbine North Condos C-1.
Applicant: Andrew Henkes
O'Meara residence DRB01-0344. Brent
Replace exterior lights.
2952 Bellflower Drive/Lot 18, Block 6, Vail Intermountain.
Applicant: Michael O'Meara
ERWSD Raw Water Intake DRB01-0306. Brent
Remove existing Gore Creek intake structure.
5197 Black Gore Drive/Lot 8. ERWS easement at the Heather of Vail.
Applicant: Eagle River Water & Sanitation District
Cope/Holmes residence DRB01-0338. Bill
Re-paint.
2932 Bellflower Drive/Lot 7, Block 8, Vail Intermountain.
Applicant: Peter A. Cope
Montaneros DRB01-0325. Allison
New awnings.
635 Lionshead Place/Lot 8, Block 1, Vail Lionshead 3' Filing.
Applicant: MontanerosCondoAssoc.
Landry residence DRB01-0353. Brenl
Re-roof.
1146 Sandstone Drive/Lot A-7, Block 9, Casolar Vail.
Applicant: Fred Landry
Stephens Park DRB00-0025. Allison
Boulder retaining wall for streambank stabilization.
Unplatted/Vail Intermountain.
Applicant: Town of Vail
J. Cotter Gallery DRB01-0337. Bitl
New awning.
281 Bridge St./Lot D&E, Block 5A, Vail Village 1d Filing.
Applicant: James E. Cotter
Williams residence DRBOl-0352.George
Re-roof.
2925 Booth Creek Drive/Lot 2, Block 6, Vail Village 11th Filing.
Applicant: Kit C. Williams
Northridge Condominiums DRB01-0359. Bill
Dumpster enclosure.
2437 Chamonix Road/Lot 23-2, Block C, Vail das Schone 1"r Filing.
Applicant: Aldrich C. & Judith Fisher
Tulliresidence DRB01-0360. Judy
Replace window.
2geo Manns Ranch Road/Lot 8-A, Block 1, VailVillage tgrh Filing.
Applicant: Penny Brabb Tulli
Vail Nightclubs, Inc. DRB01-0340 Allison
Mechanical chase with 3 vents on back wall of building.
228 Bridge StreeULot A, Block 5A, Vail Village 1" Filing.
Applicant: P&R Partners-Vail LLC
Harding residence DRB01-0361. Judy
Re-roof same for same.
4284 Columbine Drive/Lol 20-3, Bighom Subdivision.
Applicant: Jeffrey J. Harding
Sun VailCondominiums DRB01-0295. Allison
Entrance signs.
625 N. Frontage Rd. WesULot 9, Block 2, Vail Potato Patch.
Applicant: Sun Vail Condo Association
Gury residence DRB01-0357. Brent
New stair, dumpster and enclosure.
2885 Basingdale Blvd./Lot 3A, Block 9, Vail Intermountain.
Applicant: Donald & Ellen Gury
Yashek residence DRB01-0363. Bill
New deck for spa.
1881 Lions Ridge Loop, Vail PoinuLot 31, Block 3, Lions Ridge Filing 3.
Applicant Kimberly M. Yashek
?
Vail Golden Peak & Lionshead Ski Schools DRB01-0355. George
Directional signs.
Lionshead Ski Yard/Tract D, Vail Lionshead 1"r Filing & Golden Peak Ski Base/Tract B, Vail
Village ln riting.
Applicant VailCorp
Gravity DRBO1-0364. Bill
New awnings.
600 Lionshiad Mall/Lot 4, Block 1, Vail Lionshead 1d Filing.
Applicant VailCorp
The applications and information about the proposals are available for public inspection during
regular office hours in the project planneis office, located at the Town of Vail Community
Devefopment Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,Telephone for the
Hearing lmpaired, for information.
I
esign Review Action Form
TOWN OF VAIL
LO/3L/2OOO Phone:
t
D
P@ect Name: Red Sandstone - Antenna Structure DRB Number: DR8000045
Poect Description:
Remove antennas & conduit from roof and replace in different locations.
Participants:
TOWN OF \TAIIJ
Licenge :
APPITICAIIII Liberty wirelees/Atf.t Wirelelo /3 L/ 2000 phone: 3O3-573-32't7
R.c. Powell
1001 15th St. Suite c-1
Denver, Co A0265
Project Address: 551 N FRONTAGE RD WEST VAIL Location:
Legal Description: Loe 8-A Block: 2 Subdivision: VAIL POTATO PATCH
Parcel Number: 210106302013
Comments: Conditional Use with 3 conditions
BOARD/STAFF ACTTON
Motion By:
Semnd By:
Vote:
ACtiON: STAFFAPR
Date of Approvali ttl29l2oo0
CondiUons:
-
That the applicant shall plant two six-foot tall coniferous frees prior to June 15, 2001
immediately to the east of the proposed transformer, air-conditioning unit, and generator
in order to provide adequate screening for this equipment.
-
That applicant shall receive written approval from the Town ofVail prior to beginning
wor* upon Town-owned property.
That the applicant shall plant additional landscaping ifany landscaping is disturbed or
destoyed during construction.
Planner: Ann Kjenrlf DRB Fee Paid: $20.00
Qu.oionrtll rhc Planning suf{ibt 479-2 | l8
CIiNERAL INFORMATION
'I'his application is for any projcct rcquiring approval by thc Pliurning and Environmcntal Comnrission. For spccific
infornration. scc thc subnlittal rcquircnrcnts for thc particular approval that is rcqucstcd, Thc application can not bc
acccptcd until all rcquircd infornration is subnrittcd. Thc projcct nray also nccd to bc rcvicwcd by thc Torvn Council
and/or thc Dcsigrr Rcvicw Boud.
A. TYPE OF APPLICATION:
tr Additional GRFA (250)
tr B-cd and Brcakfast
{Con ditional Usc Pcrmi t
tl Major or E Minor Subdivision
tr Rczoning
tr Sigrr Variance
tr Variancctr Zoning Cotlc Amcndmcnt
B.DESCRIPTION OFTHE UEST:
CT
c.
D.
ll.NAME OF OWNER(S):
ZONING:
MAI
olvNER(s) STcNATURE(S)l
NAME OF REPRESENTA
H.FEE - SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRIATE FEE.
STJBMIT THIS APPLICATION, ALL SUBMTTTAL REQUIREMENTS AND THE F'EE TO THE
DEPARTMENT OF COMMTJNITY DEVELOPMENT,75 SOUTH FRONTACE ROAD,
ry-
TOIyN OFVAIL
A PPI,IC^TION FOIT PI,ANNINC AND ENVI RONI!' ENl'AI,
COMMISSION APPROVAL
tr Anrcndmcnt to an Approved Dcvclopment Plan
tr Employcc Housing Unit (Typc: )q Major or tr Minor CCI Extcrior Altcration
(VailVillage)
tr. Major or tr Minor CCII Extcrior Altcration
(Lionshead)
tr Spccial Dcvclopmcnt Distsict
tr Major or E MinorAnrcndmcnt tolfi SOO5'er 4 Jf/aJDttL ''
'Wffie
'to
,'A t I (/ 4,, l\ cl'f f L/\) If L,Ir t f\ L lJ etA(' I I
? n u p- L i r *e1to rre ENc ltsrl9st'f4r'rfd"
BLocK_FrLrNG_ Ta rrU!4lt_F-r.b; v,,Jd---u*o^o**MdDl
'lrt
Gsi
MAILINGADDRESS:
vArL, coLoRADO 81657.
Rcvi*d d96
TOWNOFVAJL, COLORADO
Itrls palmant s
Strboat
Statemesrt lnrnbcr: R000000169 Arnount: $200.00 11,/03/2ooo0s:15 ArfPayn nt ttcthod: Chcck fnlt: JIR
lfotaticr: 7L24------------
Fermit !to: PECOOOOOZ T14re: SRIBRIC pBC APPTTICATIONParccl lfo: 21O1OG3O2O13
Site Ad&eaa: 5S1 X PROTmACB RD nBgT \rArLIocetlcr:
$200.00
Total Fccs:
TotNl AI;[J [bt3:
Balancc:
1200.00
9200 .00
90.00
ACCOUNT ITEMLIST:
Account Code Desffiption Current ffis
PV 00100003112500 PEC APPTICATISI FEES 200 .00
U
PROPOSED I.A1{DSCAPII{G
Common Name:Ouantitv: Size*:Botanical Name:
PROPOSED
TREES AND
SHRUBS:
DOfiNG TREES
TO BE
REMOVED:
*Minimum requirements for landscaping :deciduous trees - 2 inch caliper
coniferous trees - 6 feet in heioht
shrubs - 5 gallons
GROUND COVER
soD
SEED
IRRIGATION
TYPE OF EROSION
CONTROL
Tvoe: Souare Footaoe< =p' I w;\ hTryssrct, t*nlr,+lo At"xrst[g
OTHER LANDSCAPE FEATURES (retaining walls, fences, swimming pools, etc.) Please speciff. Indicate top
and bottom elevations of retaining walls. Maximum height of walls within the front setback is 3 feet.
Maximum height of walls elsewhere on the property is 6 feet.
& tua ?ae,?O
UTI LITY LOCATION VERI FIC,ATION
This form is to veriff service availability and location for new construction and should be used in
conjunction with preparing your utility plan and scheduling installations. The location and availability of
utilities, whether they be main trunk lines or proposed lines, must be approved and verified by the
following utilities for the accompanying site plan.
Authorized Sionature Date
U.S. West Communications
1-800-922-1987
468-6860 or949-4530
Public Service Company
949-5781(Gary Hall)
Holy Cross Electric Assoc.
949-5892 fl-ed Husky;John Boyd)
T.C.L
949-5530 (Floyd Salzar)
Eagle River Water
& Sanitation District *
476-7480 (Fred Haslee)
* Please bring a site plan, floor plan, and elevations when obtaining Upper Eagle Valley Water &
Sanitation signatures. Fire flow needs must be addressed.
NOTES:
1. ff the utility verification form has signatures from each of the utility companies, and no comments
are made directly on the form, the Town will presume that there are no problems and the
development can proceed.
2. If a utility company has concems wih the proposed construction, the utility represenbwe shall note
directly on the utility verification form that there is a problern which needs to be resolved. The issue
should then be detailed in an attached letter to the Town of Vail. However, please keep in mind
that it is the responsibility of the utility company and the applicant to resolve identified problems.
3, These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit
from the Depaftment of Publh Worla at the Town of Vail. Uulitv locatbns must be obtained b€fiore
diooino in any public right-of-way or easement within the Town of Vail. A buildino oermit is not a
Public Wav oermit and must be obtained separatelv.
MEETING RESULTS
Monday, November 27, 2OO0
PROJECT ORIENTATION / - Community Development Dept.PUBLIC WELCOME 12:00 pm
MEMBERS PRESENT
Galen Aasland
Chas Bemhardt
Diane Golden
John Schofield
Brian Doyon
Doug Cahill
Site Msits :1:00 pm
1. Red Sandslone Elementary School - 551 N. Frontage Road2. Ford Park - 540 S. Frontage Roed East3. Vail 21 Condominiums - 521 E. Lionshead Circle
Driver George
NOTE: lf the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 p.m.
Public Hearino - Town Gouncil Chambers 2:00 pm
1. A request for a conditional use permit, to allow for the installation of wireless telecommunicaiions
facilities, located at 551 N. Fronlage Rd., Red Sandstone Elementary School/Lot 8, Vail Potato
Patch Filing 1.
Applicant: AT&T Wireless Services, represented by Liberty WirestarPlanner: Ann Kjerulf
MOTION: John Schofield SECOND: Brian Doyon VOTE: s'0
APPROVED VI'ITH 3 CONDITIONS:
1 . That the applicant shall plant two six-foot tall coniferous trees prior to June 15, 2001
immediately to the east of the proposed lransformer, air-conditioning unit, and
generetor in order to provide adequate screening for this equipment. The proposed
location of the new trees shall be reviewed by staff prior to planting.
2. The applicant shall receive writlen approval from the Town of Vail prior to beginning
vyork upon Town-owned property.
3. That the applicant plants additional landscaping if any existing landscaping is
disturbed or destroyed during construction.
t**n AND EN'TR.NMENTAL comts.o^r
MEMBERS ABSENT
Tom Weber
2. A request for a work session to discuss the establishment of a Special Development District
to allow for the construclion of a new conference facility/hotel and conditional use permits to
allow for the construction of fractional fee units and Type lll employee housing units at 13
Vail Road / Lots A, B, C, Block 2, Vail Mllage Filing 2.
Applicant: Doramar Hotels, represented by the Daymer CorporationPlanner: Brent Wilson
WORKSESSIOAI - NO VOTE
3. A request for a worksession to discuss a Major Exterior Alteration, to allow for the
redevelopment of the Vail 21 Condominiums, located at 521 E. Lionshead Circle/Lot 3, Block
1, Vail Lionshead l"tFiling.
Applicant: Vail 21 Condominium AssociationPlannen Allison Ochs
WORKSESSION _ NO VOTE
4. A request for a minor subdivision, to allow for the creation of two tracts of land, located at
1778Yail Valley Drive / a currently unplatted tracl of land within Section 9, Township 5
South, Range 80 West of the 6' P.M. directly north of Lot 3, Sunburst Filing 3 within the Vail
Golf Course.
The subject property ("Vail Golf Course Clubhouse Subdivision") is specifically described as follows:
That part of Section 9, Township 5 South, Range 80 West of the 6tn Principal Meridian,
Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most
northedy corner of Lot 3, Sunburst Filing No. 3, according to the final dat for Sunbust
Filing No. 3, recorded in Book 263 at Page 429, in the offce of the Eagle County,
Colorado, Clerk and Recorder, said point abo being on the northerly right-of+vay line
of Sunburst Drive, as shown on said final plat; thence the following two couses along
said northerly right-of-way line: (1) 119.32 feet along the arc of a curve to the l€ft, having
a radius of 135.00 feet, a central angle of 50038'21' and a chord that beas
N72oSg'22'W 115.47 leef, (2) S81o41'30W 187.43; thence, departing said northerly
right-of-way line, N08'18'30W 266.90 feet; thence N7928'56"E 939.41 feet; thence
51128'38'E 91.78 fe€t thence S40o01'191n/ 490.77 feeq thence
577000'321 / 165.16 feet to the northerly line of said Lot 3; thence, along said northedy
line of Lot3, 148.02 feet along the arc of a curveto the left, ha\ring a radius of 189.10feet
a central angle of 44050'53' and a chord that bears N65o08'56W 144.27 feet to the point
of beginning, containing 6.47 acres, more or less.
Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of VailPlanner: Brent Wilson
MOTION: John Schofield SECOND: Chas Bemhardt VOTE: 6-0
APPROVED WITH 1 GONDITION:
1. Thet the applicant records the approved and signed plat with the Eagle County Clerk
and Recordeis Office by no later than November 27,200'|,.
5. A request for a minor subdivision, to allow for the vacation of lot lines, located a12475
Garmisch Lane/Lots 14, Block H, Vail das Schone Filing 2.
Applicant: Town of Vail, represented by Nina TimmPlanner: Allison Ochs
MOTION: John Schofield SECOND: Brian Doyon VOTE: 6-0
APPROVED
6. A request for a final review of a conditional use permit, to allow for the construction of Phase
I of Donovan Park improvements and a request for rezoning of a portion of Vail Village West
Filing 1(including Lot 4, Vail Village West Filing 2 - 1774 Matterhom Circle) from "Residential
Clusle/ to 'General Use", generally located southeast of the inlersection of Matterhom
Circle and the South Frontage Road.
Applicant: Town of VailPlannen George Ruther
MOTION: John Schofield SECOND: Doug Cahill VOTE: 6-0
RECOMMENDATTON OF APPROVAL (REZON|NG):
MOTION: John Schofield SECOND: Brian Doyon VOTE: G0
APPROVEDWTTH 5 CONDTTTONS (COND|T|ONAL USE pERMtT):
1. That the applicant submits a final Development Plan to the Community Development
Department for review and approval by the Town of Vail Planning & Environmenlal
Commission prior to ANY site work being completed on the property. The
Development Plan, once approved, shall become the Approved Developmenl Plan
for the lower bench of Donovan Park and shall prescribe the development standards
for the property, pursuant to Section 12-9G5 of the Vail Town Code.
2. That the applicant appears before the Vail Town Council for the review and approval
of a request to rezone Lot 4, Vail Mllage West, Filing No. 2 from Residential Cluster
zone district to the General Use zone district.
3. That the approval of ihis conditional use permit request is conditioned upon lhe
rezoning of Lot 4, Vail Village West, Filing No. 2.
4. That this conditional approval shall become null and void should the applicant not
receive final approval from the Town of Vail Planning & Environmental Commission
for an Approved Development Plan.
5. That an additional provision be made for an intemal bus stop in the park
7. A request for grading in the floodplain, in accordance wilh Title 14, Town Code, located at
540 S. Frontage Rd. EasU Ford Park, Unplatted.
Applicant: Vail Alpine Garden Foundation and Town of Vail, represented by Ry Southard
and Todd Oppenheimer.Planner: Ann Kjerulf
TABLED UNTIL DECEMBER 11, 2OOO
E. A request for grading in the flood plain, in accordance with Title 14, Town of Vail Code,
located at Stephens Park, generally located in the 2400 block of S. Frontage Rd. WesU
Unplatted Vail lntermountain.
Applicant Town of Vail, represented by Tom KassmelPlanner Allison Ochs
WITHDRAWN
9. A request for a final review of a minor subdivision, to allow for the reconfiguration and
replatting of two existing lots and the rezoning of Lots 15 & 16 from Agriculture Open Space
and Primary/Secondary Residential to Natural Area Preservation and Primary/Secondary
Residential, located at 3886/3896 Lupine Drive/Lots 15 & 16, Bighom 2d Addition.
Applicant: Wilson Family Trust, represented by Jay Tschimer, First Land Development,
LLCPlanner: George Ruther
WITHDRAWN
10. A request for a site coverage variance (Section 12-7A-9) and setback varience (12-7A-6),
Vail Town Code, lo allow for a new front entry to the Mountain Haus, located a1292 E.
Meadow Drive/Lot 5, Part of Tract B, Vail Village 1o Filing.
Applicant Mountain Haus, represented by Fritzlen Pierce ArchitectsPlannen Bill Gibson
WITHDRAWN
11. Approval of November 13,2000 minutes
12. Information Update
The applications and information about the proposals are available for public inspection during
regular office hours in the projec't plannefs office located at the Town of Vail Community
Development Department, 75 Soulh Frontage Road. Please c*lll 479-2138 for information.
Sign language interpretalion available upon request with 24 hour not'fication. Please call 479.2356, Telephone for the
Hearing lmpaired, for information.
Community Development Department
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
November 27, 2000
A request for a conditional use permit, to allow for the installation of wireless
telecommunications facilities, located at 551 N. Frontage Rd., Red Sandstone
Elementary School/Lot 8, Vail Potato Patctr Filing 1.
Applicant AT&T \Mreless Services, represented by R.G. Powell, Liberly \Mrestar
Planner: Ann Kjerulf
il.
DESCRIPTION OF THE REQUEST
This proposal involves the removal of 5 existing "omnio antennas and the placement of a
new antenna screen struclure upon the existing roof of Red Sandstone School. The
screen struclure would enclose 16 antennas including 4 "omni" antennas. In conjunction
with this telecommunication equipment, the applicant is proposing to add a new
transformer, a new generator, and a new air conditioning unit in close proximity to the
existing AT&T equipment room. Gas and electrical conduit, coax cable ducl, and catv
line would be installed or relocated as neoessary but painted to match the existing
building. The telecommunications equipment on the roof would bE screened with a
modular antenna screen, whose color would match the existing building. The new air-
conditioning unit, generator, and transformer would be screened somewhat by existing
vegetation.
REVIEWING BOARD ROLES - CONDITIONAL USE PERMIT
Order of Revist: Genenlly, applications will be reviewed firct by tfre PEC for
acceptability of use and then by the DRB for compliance of proposed buildirgs and site
planning.
Planninq and Environmental Commission:
AcIion: The PEC is responsible for apprcual/&nial of anditional use permits
The PEC is responsible for evaluating a proposal for:
',1. Relationship and impact of the use on development objectives of the Town.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, scftools, parks and recreation facilities, and other public
facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive and
pedestrian safety and convenienoe, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
4. Effect upon the charader of the area in whicfr ihe proposed use is to be located,
including the scale and bulk of the proposed use in relation to sunounding uses.
5. Sucft other factors and criteria as the Commission deems applicable to the
proposed use.
6. The environmental impact report conceming the proposed use, if an
environmental impact report is required by Chapter 12 of this Title.
7. Conformance with development standards of zone district including: Lot area and
site dimensions, setbacks, building height, density control, site coverage,
landscaping and site development, parking and loading, and mitigation of
development impacts.
Desion Review Board:
Action: The DRB has no rcview authoity on a Conditional Use Permit, but must eview
any accompanying DRB application.
III. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approve the applicant's request for a conditional use permit
to allow for the installation of the telecommunications equipment on the rooftop and
associated generator, air-conditioning unit, and transformer, subjecl to the following
findings:
1. That the proposed location of the use is in accordance with the purposes of the
conditional use permit section of the zoning code and the purposes of General
Use District.
2. That the proposed location of the use and the conditions under which it would be
operated or maintained would not be detrimental to the public health, safety, or
welfare or materially inlurious to properties or improvements in the vicinity.
3. That the proposed use would comply with each of the applicable provisions of the
conditional use permit section of the zoning code.
lf the Planning and Environmential Commission chooses to approve this request, staff
recommends the following conditions of approval:
1. That the applicant shall plant tno six-foot tall coniferous trees prior to June 15,
2001 immediately to the east of the proposed transformer, air-conditioning unit,
and generator in order to provide adequate screening for this equipment. The
proposed location of the new trees shall be reviewed by staff prior to planting.
2. The applicant shall receive written approval from the Town of Vail prior to
beginning work upon Town-owned property.
IV,
A.
1.
REQUIRED CRITERIA AND FINDINGS - CONDITIONAL USE PERMIT
CONSIDERATION OF FACTORS:
Relationship and imoact of the use on the develooment obiectives of the Town.
The subject property is zoned "General Use." This zone district allows "public utilities
installations including transmission lines and appurtenant equipment," subject to the
issuance of a conditional use permit. Staff believes this proposed use is a compatible
accessory to the established use on the site. Staff believes this use is consistent with
the Town's development objectives.
The effect of the use on lioht and air. distribution of oopulation. transoortation facilities.
utilities. schools. parks and recreation facilities. and other public facilities needs.
Staff believes this use would have a positive impact upon the above'listed facilities by
improving telecommunications services in the Vail area. Federal law
(felecommunications Act of 1996) prohibits local zoning authorities from regulation of
environmental effects of telecommunication facilities based on radio frequency (RF)
emissions. Staff does not anticipate any negative impacts on the above-listed facilities
from this proposal.
Effect upon traffic with particular reference to conoestion. automotive and pedestrian
safetv and convenience. traffic flow and control. access. maneuverabilitv, and removal of
snow from the street and oarkino areas.
Staff does not believe that the proposed use would negatively affect the believes that the
above-listed facilities.
Effect upon the characler of the area in which the orooosed use is to be located.
includinq the scale and bulk of the proposed use in relation to sunoundino uses.
Staff believes that the proposed antenna screen structure would have a negligible
impact upon the character of the area including the scale and bulk of this structure in
relation to sunounding uses. The proposed generator, air-conditioning unit, and
transformer would be partially screened by existing vegetation but still within public view
hence, staff believes that additional screening should be required.
FINDINGS
The Planninq and Environmental Commission shall make the followinq findinos before
qrantino a conditional use permit:
That the proposed location of the use is in accordance with the purposes of the
conditional use permit section of the zoning code and the purposes of the district in
which the site is located.
That the proposed location of the use and thE conditions under which it vrould be
operated or maintained would not be detrimental to the public health, safety, or welfare
or materially injurious to properties or improvemenb in the vicinity.
That the proposed use would comply with each of the applicable provisions of the
conditional use permit section of the zoning code.
2.
3.
4.
B.
1.
2.
3.
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NEWoEHERATOR
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PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on November 27,20OO, al2OO P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for a minor subdivision, to allow for the creation of two tracis of land, located at 1778
Vail Valley Drive/ a currently unplatted tract of land within Section 9, Township 5 South, Range
80 West of the 6"' P.M. directly north of Lot 3, Sunburst Filing 3 within the Vail Golf Course.
The subject property ("Vail Golf Course Clubhouse Subdivision') is specifically described as
follows:
That part of Section 9, Township 5 South, Range 80 West of the 6h Principal Meridian,
Town of Vail, Eagle County, Colorado, described as follows: Beginning atthe most
northerly corner of Lot 3, Sunburst Filing No. 3, according to the final plat for Sunburst
Filing No. 3, recorded in Book 263 atPage 429, in the ofice of the Eagle County,
Colorado, Clerk and Recorder, said point also being on the northedy right-of-way line
of Sunburst Drive, as shown on said final plat thence the following two courses along
said northerly right-of-way line: (1) 119.32 feet along the arc of a curveto the left, having
a radius of 135.00 feet, a central angle of 50o38'21" and a chord that bears
N72'59'221// 115.47 feet; (2) S81o41'30"W 187.43; thence, departing said northerly
right-of-way line, N08o18'30ryV 266.90 feet thence N79o28'56"E 939.41 feet, thence
S1'l o28'38'E 91,78 feet; thence S40o01'19,\tV 490.77 feet; thence
S77o00'321di '165.16 feet to the northerly line of said Lot3; thence, along said northerly
line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet,
a central angle of 44o50'53" and a chord that bears N65o08'56W 144.27 leelto the point
of beginning, containing 6.47 acres, more or less.
Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of VailPlanner: Brent Wilson
A request for a work session to discuss the establishment of a Special Development District to
allow for the construction of a new conference facility/hotel and conditional use permits to allow
for lhe construction of fractional fee units and Type lll employee housing units at 13 Vail Road /
Lots A, B, C, Block 2, Vail Village Filing 2.
Applicant: Doramar Hotels, represented by the Daymer Corporation
Planner: Brent Wilson
A request for a final review of a conditional use permit, to allow for the construction of Phase I of
Donovan Park improvements a request for rezoning of a portion of Vail Village Wesl Filing
1(incfuding Lot 4, Vail Village Wesl Filing 1 - 1774 Matterhom Circle) from "Residential Cluste/'
to "General Use", generally located southeast of the intersection of Mafterhom Circle and the
South Frontage Road.
Applicant: Town of VailPlanner: George Ruther
A request for grading in the flood plain, in accordance with Title 14, Town of Vail Code, located
at Stephens Park, generally located in the 2400 block of S. Frontage Rd. WesU Unplatted Vail
Intermountain
l,,l',IApplicant Town of Vail, represented by Tom KassmelPlannen Allison Ochs
{ rgtuest tor grading
'n
,n" #o,"in, in accordance witn Title 14, ,"#"0", tocated at 540
S. Frontage Rd. EasU Ford Park, Unplatted.
Applicant: Vail Alpine Garden Foundation and Town of Vail, represented by Ry Southard
and Todd Oppenheimer.- Planner: Ann Kjerulf
A request for a worksession to discuss a Major Ederior Alteration, to allow for the
redevelopment of the Vail 21 Condominiums, located at 521 E. Lionshead Circle/Lot 3. Block 1.
Vail Lionshead 1'' Filing.
Applicant: Vail 21 Condominium AssociationPlanner: Allison Ochs
A request for a condilional use permit, to allow for the installation of wireless telecommunicalions
.lacilities, located at 551 N. Frontage Rd., Red Sandstone Elementary School/Lot 8, Vail Potato Patch
.D
Z$OOlicant; AT&T Wireless Services, represented by Liberty WirestarPlanner: Ann Kjerulf
The applications and information about the proposals are available for public inspection during regular
office hours in the project planner's office, located at the Town of Vail Community Development
Department, 75 South Frontage Road. The public is invited to attend project orientation and the site
visits that precede the public hearing in the Town of Vail Community Development Department.
Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Published November 10, 2000 in the Vail Trail.
CHARLES STECKLYARCHITECTURE, INC.
ARCHMCTURE . PLANNING. INIERIOR DESIGI'I
October 27, 20fi1
Town of Vail
75 South Frcntage Road
Vail, Golorado 81657
tltlllty location verificatlon for Red Sandstone Elementary
AT&T Wircless Cellular upgrade.
The prciect rcquires a 2fi1 amp upgrade to the existing 2(Xl amp service. AT&T Wircless has
diecussed plans with Holy Crcss Electric Association and the additional power as available at
the eristing main transformer on the eite. Gonnection to the tnnsformer wlll tnqulrc mlnor
ftrnchlng and utility locatee wlll be odered priorto the beginning of work.
The new generalor and tranrformer at the East End of the building will be located within close
proximity of the telecommunications shelter to allow utility connectiong wlthout trenching.
Willty locates wlll also be ordercd in this arca prior to construction operations to assurc
proper coordination with all undergrcund facilitiee. AT&T will not locate over exlsting
undergrcund utilitiee.
In addltlon wc havc 3cctuded utility locatee to be marked no later than November l4s. lf any
conflicts become evident aftor locations have been marked, AT&T will revire drawings and
notify the county prior to the November 27h review date.
Pleaee call me at mobile number 303 21049f2 if you have any queetions
Sincercly,
./ /7 / 4fr/46fr-aofu/t I
Charler Steckly AlA, NGARB
91,12 V\b!t Kan CrylAvanu., Suit D6, Litlotm, Color€do 80128{252 Phone: (303) S2-S74 F.x: (303) 93a4.561 E-m.[: c{ocldyomho.n.t
oo OT
75 soulh trontage road
vail. colorado 81657
(303) 476-7000 olflce ol communlly deYelopment
April 21, l-988
TO: Ohrners of property adjacent to Sandstone Park
Dear Property ohrner:
The Town of Vail is proceeding with improvernents to SandstonePark. These improvenents include a new restroon building whichwill have wood siding and a cedar shake shingle roof,
landscaping around the restroom and additional landscapingaround the play area and, if possible, additional playequipment. The construction will take place during May, June,July, August and perhaps Septenber. Basically, this project isa continuation of our efforts that began last fall on the park.If you have any questions on the project or wish to see plairs,please feel free to come to the Community Development
Department office or contact Kristan Pritz at 476-7OOO.
Thank you for your cooperation during the construction period.I hope you will enjoy the inprovernents once they are conplete.
Sincerely,
rrln'lu I l)'L
l\Titun {{rwKtistan'Priti
Senior Planner
KP:br
t
TO:
FROU:
DATE:
RE:
Stan Berrlman ., I
Kristan pritJ#na .ro" uor"rJV
iluly 13, 1988
Sandstone Park Restroom
lle wanted to nake sure that you understand that the sandstonerestroom will require a special maintenance procedure to avoidhaving the pipes freeze during the wintertin-e. when the wateris shut off in the fall, it will be necessary for themaintenance person to also use a vacuun hose to clear the waterlines. lhis.approach should keep the pipes from freezlng.The problen is not unsolvable, but will lequire that the-maintenance people use this procedure to aioid any linesbreaking. Thanks!
fr
To: Stan Berrynan and Peter Patten
From: Kristan Pritz
Subject: Sandstone Park Parking Lot and Bike traffic
Date: October 18, 1988
Today, I talked with Larry Beruray about a traffic problen over at
Sandstone Park. He tol-d me that his two sons have both had nearmisses with cars exiting the parking lot while riding their bikes
down the bike path. I also think this is a dangerous situationwhich could be helped by sorne sirnple inprovements. Do you thinkit would be possibte to add a caution sign for bikes andpedestrians on the stop sign by the lot ingress and egress? AIso,I think we should stripe the path where the intersection is towarn on-corning bikers of the cars. The bank to the east of thelot entry could be graded back to allow better visibility. Pleaselet rne know what you think of these suggestions. Thankst
i
i
t
I
75 soulh frontage road
vall, colorrdo 81657
(303) 476-7000
Septenber 25, L987
ofllce of communlty developmenl
Ms. Sandy MiIIs
9259 East Raintree Drive #2063Scottsdale, AZ 85260
Dear Sandy,
Encrosed are the elevations and site plan for the restroom atSandstone Park. A Landscape plan is also proposed for theproject but is not conpreted at this time.- wa hope to conpletethe utirity work and foundations this farr. The ictual restroornstructure will nost likely be erected next spring. rf you haveany other questions about the project please- feel free Lo carrme. Hope you are enjoying life in sunny Arizona.
Sincerely,tl I nl
aa\- _ ,l t),t -h,I \Yls/|.z| n {I l-.L, lr lJtLf,i \ 'r' lTKristan Pritz
Town Planner
75 3oulh trontagc road
vail, colorado 81657
(303) 476-7000 olflcc of communlty deyolopment
TO:
FROItl:
DATE:
RE:
Adjacent Property Owners of Sandstone or BighornParks
Conrnunity Develoment Departnent/Kristan pritz
September 4, L9g7
construction of construction on sandstone and BighornParks
This is to inform you that the Town of Vail is planning tocorrstruct improvements, including restrooms, to Red sandstoneand Bighorn parks. At Red sandsf,one, the restrooms will beconstructed on the southeast corner of the park below theparking tot. At Bighorn park, the restroons will be on thesoutheast corner at the end of the pray fie1d. althougn trreTown is not legally-required to notify-adjacent fropertyovrners' ve are sending this notification as a coirrtesy Lo you.
If you. hgvg 3nV guestions or concerns about these parks, pleasecontact Kristan pritz at 426-2000.
75 south lronlage road
vail. colorado 8'1657
(303) 476-7000
ottice ot lhe town manager
Board of Directors
Upper Eagle valley Consolidated Water District846 Forest RoadVail, Colorado aL6S7
Dear Board of Directors:
a! th9 August 26th upper Eagre valley consolidated sanitationDistrict meetingr.menbers expressed ln interest in torrnari-inqa cooperative policy between the Torirn of vail and the Distric[in respect to pernit fees. The Tonn of Vail is interested inworking out a cooperative arranltement with the Board. r wourdlike to invite Dave ltlott and urembers of the Board to attend aTown Council_ work session on Septenber i_5th at 2:OO p.M. fwilr be calling Dave to confirm-this date and to discuss inmore detail what the proposal should include.
tfank you for your interest in this natter. r feel confidentthat we can develgp an intergovernrnentar arrangement which willbe beneficial to both groups.
September 2, L987
Rondall V. Phitl
Town Manager
RVP:bpr
75 soulh trontage road
vail. colorado 81657
(303) 476-7000
otfice of the town manager
September 4, L987
Board of DirectorsVail Valley Consolidated Water District846 Forest RoadVaiI, colorado 9I657
Dear Board of Directors:
on behalf of the Town of vai1, r wourd rike to thank you forwaiving_water tap fees for Buffehr creek park, aighori park,and sandstone Park. The irrigation tap fee for guffehr creekpark would have cost the Town $l-4,500. Both sandstone andBighorn Parks required a 3/4'water service line at $5,760 per
1i"". In total, the Board saved the Town of Vail a total of$26,020 for water tap fees. This considerable arnount ofsavings wilr enabre the Town to spend additionar rnoney onrandscaping and facirity irnprovemlnts which wirl be greatryappreciated by the general pubtic.
The Town of VaiI would like to continue to work in acooperative manner with the vair valrey consoliaitea waterBoard. The Board has expressed an intlrest in forrnarizin! acooperative policy between the Town of vail and the vail ia1leyconsolidated water District. r believe that the best approachis to schedule a discussion with the Town councir at anupcorning work session. r would. rike to invite pave Mott andthe rnernbers of the Board to attend a Town councii work sessionon. septenber 15th. r wilr be carling Dave to confirn thisqaEe.
rn addition, the Board expressed interest in discussing thecore creek treatmelt plant and Lionsridge treatment plintsites. Kristan pritz will contact Dave Mott to arrange ameeting between the water District and pranning D"p"rtment. weare interested in working with you on atternative public usesfor the two sites.
Vail VaIlIey Consolldated Water DistrictAugust 31, 1987
Page Two
Once again, qre would like to thank the Board for theircooperation on the tap fees. your efforts are greatlyappreciated.
RVP:bpr
Rondall V. Phillt
Post OfJice Box 1 248
Vail, Colorado 81658
(3031 949-r011
Faxn (303) 949-7713
Sanctity ol Canttact
STEWAR.T TITI-E
OF EAGLE COUNTY
The following exceptions to t{tle would pertain to the area
described as Tract C, Vail/Potato Patch (Sandstone Fark).
t. Rlght of lray for ditches or canals constructed by the authority
of the United States, as reserved in Unlted States Patent
recorded July 13, 1939 in Book 123 at Page 6L7.
2. Restrl.ctions as eontained ln l-nstrument recorded March 5, 1974
ln Boook 233 at Page 628 as Reception No. 129526; Amendment,
recorded September 24, L975 in Book 247 at Page 950 as Reception
No. 138069.
3. Easenents and Restrlctions aa shorm on the Plat of Vail/Potato
Patch recorded March 5, L974 in Book 233 ax P age 629 as Reception
No. 129527.
4. Utility Easement betveen Vail Associatest Inc., a Colorado
corporatl-on and The Town of Vail, a Municipal corporati,on,
which is more partlcularly described by a nap attached to said
instrument, recorded September 6, L978 in Book 276 at Page 316'
as Reception No. 172726.
5r Easement granted to Vall Village west l{ater and Sanitation Districtt
a quasi-municlpal corporatlon, which isnore partlcularly described
by a map attached to said instrurnent, recorded August 13' 1981 in Book
327 at Page 613, as Reception N0. 223975.
Fee; t 12. 00
County5l!
f'.
?li^l I,AIL ASSOCtAjtS, tNC., i Cororado corporationllLr.lnrftcr r.forrcd to r! rcra:rtor"r, for TEN Dor.,LiRS(510.001 and. othcr gc.od and vrluable conoj.derstLon, ther.c€lpt of yhlch lr hercb' .roknovledg€d, has grantedr gult-clainad, brrgatned, iold rhd conveyed, rnd by tneaa pr€sentrdo€r grrnt, qulrclain, bargsln, roll and coniey and i:onfirrnunto LION'S RIDGE rA?ER- IIISTRICT, a quaet-nur,iiip.I corpora-tion ,-f the stlte of colorrdo, vArL
'ILLAGE
wEsT WATER A DSANI?ATION DISTRICT, a quali-nunlcipll corpcratlon of theState of Colorrdo, rnd VAIL fr,rilR AND SA :iATION DISTRICT, aqu!rl-nuniclpal corpontron of itre St!te of Colorado, rrho!€leqrt tdctr€8iea tre c,/o ,l{5 Un: n Bouievard, Sulte 123,l,:kerood, Colorilo E0228 (herelna.ter ref€rred to aa .Gran-tees'), thc follorlnq real property !itu-;e in the County ofHigl,€, St.te of Cotorrdo, to-rit.r
KNo|I AI.L 8N 8I TXDSE
ru-.PEEg
PRESBNTS I.
A pernln€nt non-exclusive ea8encnt,togethrr vith the right of ingrelitnd eqrel!, to construct, r€conatruct,operaLe, rcpair and na{ntain a road andh,,rtcr l1ne8, othe( util,lcicr rnd rcleredappurtenanceB, in, lmCor and
Lhrough thnt trr.ct cf land fllor€ parti.cuJIarly dercribed ln Exhibit "A," ; copyof rrhrch exhibit is .lttrched hereto andinco.porat,€d herelr. by t.lj.a r€ferencc.
siArt ljiii,itiilAil flt
llLi l' ,981
t rc/-(o)
f.,"
irr IlH or rn eqLltty, of, j.n ar.d to the a bove-ba rqa inei, roai -
1.,: op€rty lnterest, yith the hcreditarnent! and Appurt€nan.;.r.
TO IL1VE AND TO HOLD the real prop€rty lnterestal)l ve bargainrd and .lUrcrrbe{l yith appur.tenanceg, untoCr !rtecB. t,heir Buccerlora and assignr for€v€r.
T(,qethcr vith aLi and sjngular hereditanent6 atid appurten_.,rcsa thereto bclonging, o.. irr anyrjec qppertrlnini, .rnd thct.:\'ertlon and revcraions, ramainder ltrd remainclers, rents,issues and proflt! thereof, dnd rIl the e.tate, right, tiale,interert, claln and detnnnd yhetsoever, of the crantor, either
grantor, its h?it.s. suc.f,. rors, rnd,/or asstgns,sll.lrl nct erect nor Flrce an). pern-..ent bu j.ldrng, gLructure,rnr.Icvernent, fence or tt.)e on the &bcve- d.r gcr i bco aa3ement,&ni Gr.'ntcea stra.l.l no1:..b€ I iable f or thcir romovai lf they
't rc 'o pl,ar:{:d
Acci:r''t.luce o, th:,8 liascmrrnt, lrif Crant6cs thalLcc l,riLj.lrrLf. t.',+ t j all/ccment aIC cof,aenE ia fr:llorg:
i. At suah r.me a,,d in the cvcnt lhe era€nent!J. 5'it ,b{' i .,rr'! (f in rrhal L i?c alrindon'ld, crar,teea, redl proire,: Lyl,!r.e!.eat fn ti)e cdaernent shdli lmediaLel,y r!vert to and h:-tlr{. j-edf ter &ergad eith th€ ser\,I€nt egtate.Tt',t.
Best
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2. ?h. frcili.ti.r lnltrll.'d ln th€ ahovc_dercrlb€dara€ntnt rhril b€ lnltal.Icd, malntrincd .nd operaCed ao a. toP.rrll rn.rlnum ur€ rnd enjot{rent of the 3urfa;. by Crrnt;;,Itr halrr, rucc.aaor. lnd llrlgna. fn the event thtt rt tgnoc6alary to rcpair or replace the facilitie!, crantees shallreatorc thc aurfrca of thr lrnd r! near.ly ar nay b€ prrcti_cabla to th.- ranc colldltlon it vrB prior to Bucn rep.rr orrofrl,rcon.nt., provl,ded nc p€rmrncnt bullding,,rructurc.
';nprovafient, fence o:- trc€ !]rall b€ plrced ih"aao., by crlntor.
- 3. - Upon completion of Grantaerr lnilial conrtruc_tlon-of,1ta facilrtj.e!, lir.rrteGr thal.l rcetore Che ;urface oft..c rand ar nearly as nay h prlcti,cable to the rame cop.rrtron1L Yaa prior to Euch conljtrlrctjon, p;Ovided no permnnentb.riIdin9., atructure, imptovenent, fince or lree ,hall beI racoo tna.i eon.
srcNED A}'r') DELTVERED tnt,"(fL- arv oe &ttyq4yf , ,
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GRANTOF,:
VAI L ASSTJCIATES, :Nc. , aColorado corporatron
STATE OF COI,ORADO
COI'TAY OF EAGI,E
lly cotrunisgion rrxp I re6:
l'icial seal.
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ELOOqADO €NG tNiE A tir6 CCITFANY
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NVEYANCE OF UTILTIrY EASEMENT?THIS COI{VEYANCE, dated the znd day of 0ctober , L978,
is between VAIL ASSOCIATES, INC. r a Colorado carporation (herein
ca1led "Grantors!') and THE TOWN OF VAIL, a Municipal corporation
(hereinafter called lGrantee"), with an address of Post Of,.f,ice Box
100, Vail, Colorado 81657.
gtsrE9.g.Erg.
Grantors , for and in consideration of the sum of Ten ($10.00)
Dollars paid to Grantor by Grantee and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, do
grant, and convey to Grantee a perpetual. non-exclusive easement and
right of way across the premises of crantor as described in Exhibit
A attached hereto and made a part hereof for the constructi'on, op-
eration and maintenance of:
i) water lines and mechanical appurtenances thereto; and,
ii) Sewer lines and mechanical appurtenances theretoi and,
iii) Such other ulility services as Grantee nay determine,
To have'and to hold said premises unto the Grantee, its
Secretary
STATE OF COLORADO
COUNTY OF EAGLE
\t/: , j.
The f re.going tns ErulnenE was a dge before me this
, rg7g, )y ctlt
corporation.
Witness ny hand and official seal .
My corunission expires:
ss
President
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To A CONVEIEIICffiUTILITY .
]nurnr DATED TIIE :?n=d = DAY
Il-F n"tnn"r -. --_, L978 |
BEn{EEN-VAIL ASSOCIATES' INC
A COTORADO CORPORATION AND T
ITOWN OF VAII., A MI'NICIPAI,
CORPORATION.
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VAIL VILLAGE
NINTH FILING
LEGAL DESCRIPTION
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A 20 foot utility easement located in Tract C, Vail/Potato Patch' a subdivislon
iecorded ln Book-233, at Page 628, of the Eagle County Clerk and Recorderrs
records. Said easement being more particularly described as follows:
Beginning at a point on the westerly boundary of Tract C' sqid point also being
td TRUE-P0INT bF BEGINNING, from whence the l{ l/4 corner of Seqtion 6, Township
5 South, Range 80 llest of the 6th Principal Meridian bears N 00"03'50u E a dis-
tance oi 1846.53 feet distant. Thence the following four courses de9c1]!!19
said easement: (l) S O0oO3,50u l.t a^distance of 141.90 feet;_-(?l l89u56rl0 E
i dittanc" of 20.0b feet; (3) N 00o03'50u E a distance of 141.90 feet; (4)
H 89056,10', l.l a distance of 20.00 feet to the TRUE P0INT 0F BEGINNING, contaln-
ing^2;833 square lect'ot'o.065 aoressmofo or 1ess.
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APPLICATION FOB
TOWN OF VAIL
STREET CUT PERMIT 19
2.
Excavating Contractor Name Add ress License Number
3.-' StartDate Completion Date (Permil Valid for 30 Oays Only)
4.
5.
6.
7.
,,G\ /--\
Work is for (circle one) [ water' )(Sewer ) Gas Electric Telephone CATV Other
Length Flanth
Total Permit Fee(Cash or Cashier's Check Only)
D
ALL MATERIAL AND EQUIPMENT MUST BE ON THE JOBSITE BEFORE THE JOB IS STARTED.
Rubber out-riggers on equipment are a must when working on oil. No other objects can be used In place ol
rubber!
8. A signature below indicates a review of the area and utility locations and approvals.
Trench-width
Bond Amount
Permit Fee
XJpper Eagle Valley water and Sanitation (dru-&ge3
^ Public Service Company (949-5781)
@2s€8)
\Holy Cross Electric Company (949-5892)
tMountain Bell (1-468-1 000)
tHeritage Cablevision Television
Vail Fire Departme 7000,
(949-5530)
ext.223)
-oTllEP-fi#'o'tiffiL.)
ffixt.250)
9. THERE WILL BE NO TOTAL STREET CLOSURESI
10. All excavation must be done by hand within 18" of utililies - (Senate Bill 172).
'l 1. I certify that I have read all requirements of the street cut ordinance # 43 and will abide by the same, and that all
utilities and the Vail Police and Fire Departments have been notified as required.
Contractor's Signature of Agreement Finance Dept. by:
Bill to: Company Name
Company Address
Special Conditions
SKETCH PLAN
Show streets with names, buildings, and
Approved - Street Inspector
Date Permit lssued
Inspection Remarks
OF WORK BELOW
location of cuts USE DASH LINES FOR CUT'
THIS IS NOT
White - Public Works Pink Conifoctor
STREET CUT PERMIT!
Yellow Finonce Gold Communify Devglopmenl
DrCr 4; *lp7
MOUNTAIN
CABLE LOCATION
BELL
AGREEMENT
stoq
EXCHANGE LOG NO.
.i ^aQLOCATORS NAME DATE
69MMfTMENTTTME ee4:1 TIMEDIspATcHED zt>,<= T;MEcoMpLElgg /lz>O
ADDRESS
LOCATING FOR: NAME oF coMPANY -t rv-DA t{
ADDRESS PHONE NO.
\r Locatlon to b€ sketch€d ordescrlbed in spac€ below. Indicate paint or stakes and number thereof.
/\\\1//\_7
INDICATE
NORTH
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__p_ _/: K.-+.-
I er-6:< _ ?liir.
ITIPORTAilI
18' ellhor sldo of tho slakc, palnt mark or flag l! clnsld.red a comct tocallon. Dlg lo your vertlcal depth 18' olther slde of the
.ld(e, palnl m.* ol tlag .nd expose lhe cablo by hand beforc crosslng the cable or dlgglng beslde ll.
Party Requesting Locato Refuses To Sign tr
I Party Requestlng Locate Not Availabte tr
I agree that the sketch or descrlption above reflects the locqlion of underground facllities as request€d.
tr t'' !'
SIGNATURE
PERSON REOUESTING LOCATION
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TOWN OF VAIL
'qS JoB NAME Ql Sn,./r7rnz C"Z;e
CALLER
TUES AMREADY FOR
LOCATION:
INSPECTION:MON WED THUR FRI
BUILDlNG:
D FOOTINGS / STEEL
PL
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ROUGH / D.W.V.
ROUGH / WATERD FRAMING
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tr INSULATION POOL / H. TUB
tr SHEETROCK NAIL
n
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ELECTRICAL:MECHANICAL:
tr
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TEMP. POWER O HEATING
ROUGH D EXHAUST HOODS
CONDUIT tr SUPPLY AIR
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CORRECTIONS:
INSPECTOR
FILE COPV
75 south lronlage road
vail, colorado 8161i7
(303) 4792138
(303) 4792139
offfcc of communlty developmenl
october 30, 1991
Mr. David Rutter
Senior Vice President, Engineering
The Walter Group
P.O. Box 1285
Dillon, CO 80435
Re: October 14, 1991 Plannlng and Envlronmental Commlsslon approval of a
request for a condltlonal use permlt for a cellular.telephone "cell slte" at
Red Sandstone School, 551 North Frontage Road/Lot 2, Block 8, I'all
Potato Patch
Dear Dave:
Enclosecj is a copy of the minutes of the October 14, 1991 Planning and Environmental
Commission (PEC) meeting at which your conditional use permit request was approved. The
attached copy of the minutes will serve as your record of the conditions of approval.
Please ncte that the approval of this conditional use permit will lapse if construction has not
commenced within one year of the date of the PEC approval, and thereafter diligently pursued
to completion, or il the use for which he permit is granted is not commenced within one year.
lf approval of this conditional use permit lapses, an application for approval of this conditional
use permit must be resubmitted for reconsideration by the Community Development
Department staff ancUor the PEC.
lf you have any questions or comments regarding this information, please do not hesitate to
contact Andy Knudtsen at 303/479-2138.
Sincerely,
,4 /4ll i ../' /
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Amber Blecker
Planning Assistant
Enclosure