HomeMy WebLinkAboutBIGHORN SUBDIVISION LOT 1 COMMON ELEMENTS LEGAL.pdfb
TOWN AFVAIL
75 South Frontage Road
Vail, Colorado 81657
970-479-213V479-2139
FAX 97M79-2452
August 24,1995
Ellen McKibbon
Vail Valley Real Estate
228 Bridge Street
Vail. Colorado 81657
Lot Size:
GRFA:
Site Coverage:
George Ruther
Torpn Planner
GR/jr
D epartment of Community Developnent
RE: The Stout/lr'tcComic duplex,flot 1, Bighom Subdivision'
Dear Ellen:
The following details the current GRFA for the above referenccd two-family residence as per the
Town ofVail zoning regulations:
oQsopr
25,687 sq. ft.
Allowed
4,818.7 sq. f1. + 650 sq.tr. Qia25 sq.ft' credits) = 5'668 sq'ft'
20%X25,697 sq. tt. = 5,137.4 sq. ft.
Per Torvn of Vail files, the total existing GRFA on the property is 5,125.5 sq'ft. The remaining
GRFA available to the property would be 543.2 sq.ft.
All of the information indicated in this letter is subject to complete Staffreview and verification'
The information in this letter was drawn from existing Town of Vail files.
Should you have questions or concerns with regard to the information addressed in this letter, as
atways, please do not hesitate in giving me a call, I can be reached most easily during regular
office hours at 479-2138.
Sincercly,
fJ-*-r'"-Q*g,'
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et2 "' r"oi,";
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( ?, 0. Box 409
Eagle, Colorado E163I
328-6368
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N.89"46'56'u.
D 1e renc e
38.70'
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20.09 '
2'l ,651
2.93'
14 .68 '
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fndlcares S teel Pln & Cep
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1 s .44 "37' 57"8.7, s,45"22'03"It.
3. s .44 037
' 57',8.4. s,45.22 '03,,w.5. s.44037 157"8,
6, s.45e22'03"l.).7. s.94041,50',I.t.8, N,14'37ts7,'tl ,
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14 .69 r
5.00 '2.93'
22,651
20.08 '
20.c4'
36. 70'
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9. N.44o37 r57'rl^l
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10, N.06002'16"8.
11, N.45.22'03',8.
12, s,44037'57r'E.
l3 . N.45 '22 '03',E.L4, 5,44"?7 's7,'E,
15. N.4r',22,03'tE.
16. s.44637'57"F.,
L7. N,46.24,00',tr.r8. s.71 "0u'0u"li.
19 . }i,46'24'U0r",,1 ,
2u. N.lr5'22'03"E.
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Sald Parcel
rnore or less.
Page 2 of
Jtu78/L34
LEGAL DESCRIPTION.3ARCEL I-A
A pErt of Lot l, Btghorn Subdlvislonr I subdllrlelon 1n the Tor,ln of
VaiI, Eagle County, Colorado, belng nore partlcularly deecrlbed aE
followet to r+{El
Beg{nning et s potnt on the Northeasterly exrenston of che com-
noon wall between cwo private resldences, from whlch Ehe Northuestetly
corner of sald Lot l bears N.06o23'36"8. I03.43 feet d16tant; chence
S.44"37r57"E.22.75 feet; thence s,q5"22t03"W, 14.68 feet; thence
5,44'37 157'rE. 6.00 feet; Lhence 9,45o22'}3ttll ,2,93 feeti thence
S,44*37r57r'E. 22.65 feet; rhence 5,45'??,'03"W. 20,08 feeti thence
S,84041 r50fr11I. 20.04 feer; rhence N.44o37r57rrlt.38.70 feer; thence
along the common vall between lwo privEie reeldsnceg and the ex-
tenslons thereof N.45022t03"9. 53.I9 fe,er qo ehe potnr of beglnntng.
Sald Percel 1-g concalne 2,148 square feet aE 0,0493 acre:, nore
or les8.
LEGAL DESCRIPTION-PARCEI I-B
A peru of Lot L, Blghorn Subdlvielonr a gubdlvlslon ln rhe
Tovrn of Vail , Eagle County, Colorado, belng nrore partlcularly des-
crlbed es follows, to wit:
Beglnnlng st a potnt on the NortheaEterly extenslon of the com-
mon wall between tr,ro prlvaEe residences, fron whlch the Northlr€sterly
corner of eatd Lot I bears N.06o23t36r'8.L03.43 feet dlstanti thence
elong the corrlou vell between two prlvate reeldences end the exten-
eione thereof 3,45422t03"W. 53.19 feet; thence N.44c37'57''91" 38.70 feet;
thence N.06002r16"8. 20.04 feet; Ehence N,45'22rQ3'.8' 20.08 feet; thence
S.44"37f57"8. 22.65 teetl thence N.45o22r03rrE. 2.93 feer; thence
5.44037 r57'rE. 6,00 feeti rhenee N,45"22'03.'8. 14.b8 feet; thance
S.44037t571t8. 22,75 f,eet ro the polnr of beglnntng.
Sald PerceJ. 1-B contalns 2,I48 oquare feer or 0.0493 acres,
rnore or less.
LEGAL DESCRIPTION.PARCEL 1.C (Conmon Area)
AII of Lot 1, Blghorn Subdlvislonr a subdivlslon 1n the Town of,
Va{I, Eagle County, Colorado excepEint Parce1 l*A end Farcel 1-B as
prevj.ously descrlbed.
l-C conrafna 2L,392 square fee! or 0.491I acres,
')
I
lotr*l lpl rr1'1,u., 'ZA,UA\
,RTC'D APN 5 t995
75 louth lrontage road
Yail, colorado 81657
(303) 479-2138
(303) 479-2139
February 14, L99l-
Duane Piper P.o. Box 556O
Avon, CoLorado 8L620
RE: Stout/McComic DuPIex
Lot l-, Bighorn subdivision
Main Floor
2nd Floor 900. 5
2 ,42L.5
of{ice of community developmenl
stout (Ai
L, 521 '
Dear Duane,
The following details the current GRFA for the ahr:ve two fanily
residence as per the Town I s new regulations (effective January 1,
1991):
Lot Size: 25,687r.
Allowable GRFA: 4,8I8.7
+ 850.0
5,668.'7*
McCornic / r""tt)1,610 L /
1,O45
2 ,655
No garaqe calculations were cornpleted.
*subject to verification.
The total exi-sting GRFA on the property is 5,075.5 sq. ft.
Please calL me should you have any furr'her questions.
sinKrel,yr,
/ \.,^[)t',,t')Uut\I,t 1 She11y MelIo'
Town Planner
sMl1rd
Lot 1., Bighorn Sub
12/4/9r
Stout 2333
Mc C 2670
Tot.al 5003 existing
Allowable: Based on fot size of 25,687*
4,8L8 .7
850.0
5,668.7*
*Subject to verification
5, 668 .'7 5,003 existing
---EE5 left if rot size is correct
o
c0
lnwn
FILE PY
officc of
the above (effective
deve{opmenl
two fanrily
January 1,
75 south lrontage road
rail, colorado 81657
(303) 4792138
(303) 479.213s
February L4, I99L
Duane Piper P.o. Box 5560
Avon, Colorado 81620
RE: Stout/ltccomic Duplex
Lot 1, Bighorn Subdivision
Dear Duane,
The fotlowing details the current GRFA for
residence as per the Townrs new regulations
leer.) :Lot Size: 25,6871'
Allowab1e GRFA: 4,8L8.7 + 850.0
5 ,668 .7 *
Stout
Main Floor tr52l
2nd Fl-oor 9oo. 5
2 ,42L.5
McComic
1,610
r_,045
2 t655
No garage calculations were cornpleted.
*subject to verification.
The total existing GRFA on the property is 5,076-5 sq.
Please call ne should you have any further questions-
sip.cerely^r
bV,W Shelly Mello'
Town Planner
SMllrd
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12/15/90
Shelly Me1o, Planner
Town of VaiI, Dept. of Community Development
VaiI, CO 81 657
Re: Stout / McComic Duplex Lot 1, Bighorn Subdj-vislon
Dear SheJ-ly:
I want to establi-sh a current GRFA for the subj
property using the new Town of Vail methodology.is being done j-n anticipation of an addition to
Stout unit.
t
This
e
You will find enclosed, plans for the original stlructure
done i-n 1978 by Bill Vigor, as vrel1 as plans done by me in I9B9 and 1990 for additions.
The lot is 25,687 s.f . and has an al1owable GRFA of
41818 plus two bonus figures of 425 s.f. for a total of
51668 GRFA. Uslng the new means of calculatlon, I show the following to be the existlng GRFA:
Original plan (mirror-image units, I97B )Stout unit 21117 s.f .
McComlc unit 2'117 s-f.
McComic addition (1989) 548 s.f.
Stout addition (1990) --+9--s;f;
Total GRFA (existl 4,841 s.f.
There remains 827 s.f. developable.
Please review and respond.
'. '[t i- |
N\'G',, .' .-
Art t. -
?l '/o''
>,G']L,
;fr+1-
"4'""1
Sincerel
Architect
McComic
Wo DEc , ,,,.,. r t990t
JOB NAME
*
INSPECTION REQUEST
TOWN OF VAIL
DATE
READY FOR
LOCATION:
TNSPECTpN:, (6? tr.t wED rHUR i*,
----
AM PM
. ,rA., llovn J'u ( / o l- /
BUILDING:
tr FOOTINGS / STEEL
PL
tr
tr
tr
tr
tr
tr
UMBING:
tr FOUNDATION / STEE_
UNDERGROUND
ROUGH / D.W.V.
BOUGH / WATER tr FRAMING
- ROOF & SHEER ' PLYWOOD NAILING GAS PIPING
tr INSULATION
tr SHEETROCK
POOL / H. TUB
NAIL
uArrrunL-
n
tr FINAL
ELECTRICAL:
tr TEMP. POWER
MECHANIGAL:
tr HEATING
TJ N\JU\f N tr
tr
tr
EXHAUST HOODS
tr CONDUIT SUPPLY AIR
" -./-tr F,lryL tr FINAL
4AFpaoveo O DISAPPROVED tr REINSPECTION REQUIRED
CORRECTIONS:
INSPECTOR
EXECUTIVE AIR
./t*- LA-A a-t/
A/1 Oliz /-
VIGOR DEVELOPMENT
5800 East Vine Drive
Fort Collins, Colo. 80521
482-4L49
?- //- 7f
,o.4
/1i44*o(aV77""t-
,(r, eZ-zr'*,/.ffi {A"1 'o,', 'ruh-L%f TiluieLl+,P/za-'?* )lh )h*14h"*-,.4v4
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abta**v .r/zL/ 7ar&%
'/'-' '/ ^'/' '4/-- '4- z"J qa#,e-&4d
f/, '*2rdAr/,4u7=,
a
o
box 100
vail, colorado 81657
1303) 476-5613
department of community development
AWust LO, 1.979
8E: Iot _, Block
Filing
hclosed you rvi1l find a Conditional Certificates of Occtpancy whidt
was issued to you earlier this year with the understanding that certain
requirenents be corpleted within a given tine period. Orr records in-
dicate that your ccrqrletion date bas been passed by without any word frcrn
you concerning your obliption. llb would appreciate a response frcrn you
by August 24 letting us larqt when your tandseapi-ng and paving will be
corpleted. We feel it is necessary to know when these cbllgations wj-ll
be fulfilled in that your @rtificate of Occupancy was only Conditional.
If we fail to hear frorn you by the above date, it will be necessary to
take further acti,on as is outlined in the Uniforrn Building Code which
was adopted by City Ordinance #36.Zn --'fr /A
Steve Patterson
Chief Building Of f icial
I
HI
vail, colorado 81657
(3031 476-s613
VIGOR DUPLEX
LOT 1
BIGHORN SUBDIVISION
BUILDING PEBI4IT #T29-78
department of community development
November 30, 1978
W.F. Vigor
1500 East Vine Drive Fort CoI1ins, Colorado
Dear Mr. Vigor:
A Conditional Certificate of Occupancy will be issued
on your duplex with the understanding that the paving of your driveway be completed by July 1, 1979. If this item
is not completed the Town of Vail Building Official may
cause this to be completed at your expense.
Your cooperation in this matter will be greatly
appreciated. If there are any further questions please
contact me.
I have read and unclerstand the above Conditional Certificate of Occupancy.
condition for a
Chief Building Official
.:J i 7<f
Date Date
SEAL
Subscribed and sworn to before me
1978.
this )t day of
/z- 6-?g
My Commissio;.r c:i;i:e: Sopt. .t, lggl
/ .'. r', t
( A ) 798- l0- 8607
by WESTERN
'rLic en sor "
LICENSE AGRIEI'IENT
THIS LICENSE, execuEed this 27 day of November 10 7Q , " Ly- ,
SLOPE GAS COMPANY_, a Colorado. corp-oration, hereinafEer called
ro FA€ W. F. Vi'gor, dba Vigor'Construction Co.
O,,,-. :,,u1.'.1
he re ina fte r called "Licensee'r I
WITNESSETH:
WHEREAS, the licensor owns certain rights of way and easements for
natural gas transmission pipelines over and across the fol.lowing described
lands:
That land being twenty feet in width, and approximately 139.39
rods in length running adjacent to the south boundary line of U. S.
Highway No. 6 from the west boundary ljne of Bighorn Subdjvision,
Second Addition, to the northwest corner of Lot 19, Bighorn
Subdivision, Eagle County, Colorado.
WIiEREAS, the Licensee desires to route A Domestic Sewer Line
hereinafter cal1ed the licensed facility
over and across portions of said easements and desires to obtain permission
there for ;
IT IS, THEREI0RX, agreed as follows:
(1) In consideration of the payment of One Dollar ($1.00) and other
val,uable consideration, the receipt whereof is hereby acknowledged, Licensor
hereby grants to Licensee, its successors and assigns, with respect to such
title and interest as Licensor may have in the premises, and upon the terms
and conditions hereinafter staEed, the permission and right to lay, maintain,
operate, repair, inspect, remove and replace the licensed facility in, across
and under certain easements owned by Licensor, said installation and construc-
tion to be located as shown on the sketch attached hereto and made a part hereof
by reference. The description of the route of said licensed facility is as
follows (See attached map):
(2) Licensee shall remove, aE iEs own expense, the licensed facillty
from the premises or any part thereof or move the same to a different location
on Licensorr s right of way, as requesEed by Licensor, if said licensed facility
should interfere with the operation or maincenance of Licensorrs transmission
pipelines and related facilicies as nolr or hereafter constructed. The new
location shal1 be furnished by Licensor aE no cost to Licensee.
(3) The Licensor reserves the right !o grant to others the use of
the premises for any purposes, provided thaE same shall not inEerfere unreason-
ably with the licensed facilicy herein authorized,
(4) Licensee shall not do or permiE to be done any blasEing above,
underneath or near the transmission pipeline of Licensor without first having
received rtritten permission of office of the SuperinEendent of Engineering of
Licensor. Any said blasting shall be done in the presence of a representative
of said office and in accord wiEh directions he may give for the protection or
safety of Licensorts facilities in Ehe area.
(5) Licensee agrees thaE it shalI not begin construction upon and
along the rights of way of the Licensor except after having firsc provided the
Licensor with plans and specifications and until said plans and specificaEions
have been approved and until twenEy-four hours notice of fhe corffnencement of
construction shall have been given to Ehe Licensor. It is further agreed and
covenanEed that said construction shall be made only when a representative of the
Llcensor is present at the time and place of construction and that Ehe instruc-
tions of said representative relaEing to the safety of Licensor's pipeline will
be followed by the Licensee, its agent.s and employees. It is further agreed that
any damage done to Licensor ts facilities during the above construction shal1 be
paid for or repaired at the expense of the Licensee.
(6) tlienslurther agrees rhat any trru."ftt tnvolvlng the con,atruction, mglntenancef reconstrucclon or relocatlon of lts .llcensed facillty 'on the',prenises shall be done under the terme of ?aragraph 5 above.
, (7, It te understood and agreed that Llcensee has been.fully advlsed by Lleeneor that the natural gas tranernlsslori ltne(s) of Llcenaor nolr transport aud
w111 continue to transPort natural gas at pressures exceedlng 400 psl. Llceosee ehall advlee all of it.s enployeea, ageots, cont.ractors and other persooe who enter uPoD the prenlses pursuant to the provlsions of thls Llcense of the dangere lnvolved.
(8) It ls further understood and agreed that Llcensee has been fully
advieed by Llceneor that the tranemiseLon llnes of Llcensor n111 be subject to cathodlc ProtectLon by rectifler, and related anode bede. tlcensor shall not be ltable for etray curreDt, or Lnterferlng slgnals lnduced lnto Llcenoeers llcensed factllty ae a reeult of the operatl.ng of, Llcensorrg cathodLc protection system.
(9) Ll.censee coveBaota and agrees to at all tLmes protect, lndemtf;r,to hold hamless, anil tlefend Liceoeor fron all clalms, actl.oDs or danagee what-soever, lne luding alleged clains of negllgence of Ltcensor or tte ernployeea, to
aoy PersoD or Persons and property arislog from or growlng out of the conetruc-tlonr exLBtencer rnnlncenance, operatloa or rooval of the facllltLee of Llcensee pernltted hereunder.
(10) Llcensor shall use care .not to damage., Licensee I s llceneed factll.ty ln the ual.ntenabie, relocatl.on or reconatructlon of lte pt pellne facLllttee, and
Llcensor tf.at a 11. posslble, shall glve reasonable niitlce to Llceneee of any of Lts actlvltles Ln the l""nedlate violnlty of LLcenseet's'facilltles.
(11) Llcensee shall Lnstall lts llceused faclltty ao as to maintaln the mexlrun dlstance between such lLcensed faclltty and Llcensorrs ptpellne that the easement, wldth aud terrain v111 perntt, but Ln no event shall such
llceneed faelltty be lnstalred cloeer than 10 feet to Llcensorrs plpeline.
When LLcensee .Ls requLred to crose said plpeline the crosslng shal.l be under eaid llne Lf c.over ls under 52 lnches. A I2-lnch separatioo shall be m€lntalned
on all crossings.
Wtthtu tblrty days from the date of lnetall and maLntain, vislble markers at eald
compLetLon, the Llcensee sha11
crossl-ngs.
(12) UPon request LLceusor shal1 furnish LLcensee wlth lofornation
regardlng the tems of Licensorrs easement necessary for Ltceusee to plan ltg lnetallatloos.
(1.3) T.t shall be the eole obllgation of'Ll-censee to obtain from land-
ortnerg or others such authorlty as it rnay need in additlon to this Llcense for its proposed constructlon.
(14) Upon the abandoruneut of the use of premises by Liceusee, the per'
mlsslou and right herein granted shall tennlnate. Upon lerminatlon, Licensee ehall r€aove. Lts facl-lltles from premlsee. If Licensee should fall to remove facllltlee, Llcensor may remove the same at the expense of the Llceneee.
(15) Thls Licenee shaLl inure to the beuefLt of and be blndlng upon
the succeeeors and aeslgns of the partles hereto.
IN I{ITNESS IIHEREOF, thLs Lnstrument has been executed the day and year flrst above wrltten.
SIOPE GAS COMPANY.
{
of Way Agent
day of
-2-
Agreed to and accepted this A7 ,Lg'p
v
SINGTE FAIdILY BESIDETMIAL AND BESIDENTIAL ZONING CHECKLIST
Legar Desc4ipti "o, -Lof !,-fu faov6 S"bd;oi sr aq
Lot Area:35'8?'luinus Eazard Area:-.---
Equals Buildable Area:
Eeight:
Setbacks:Bequlred
Actual -
Distance Between Buildings:
G.B.F.A. Allowed: Buildable
Site Coverage: AlLo.red - L9t
tandscaping: Required - Lot
- Front 20', Sides 10' +,Rear2ot +
Front $iG , sides ,Rear 6 S
Actual
Required
Area
Actual Ok
'L Ll ,:za',x 7o = 7,8 37 nct:u;at 'L Q 5 O
-.-OK
%=e(
Area
Area
Be Paved
AvaLanche
ar-p-
Parking: Required q Actual -l
F? O/Drive: Slope Permitted _ 5 (O Slope Actual dk
Parklng and Drlves Must
Envir oume nt aL / IIazat d :
ho
Slope (Ao
Distance From Creek
Trees Removed
s10,
Comments:
Zoning Approval;
{lo
Flood Plaln
4O
la. .-Z tA. y /\vr
&g *o,*i{i^ilrIl'
fl7,
strator
DATE OF
.I0F:MBEBS
MEETING:
PRESENT:
May 4, 1978 ' Gt *uo" O
LOU PARKEB
BILL BISEOP
BON TODD
ABE SEAPIRO
ST]BIECT:Vi gor Dupl ex
LOT I
ACTION TAruN BY BOAED:
uotrroN ?o ^ ko,-
VOIE: FOB:
Un a.rr'^
ABSTENTION:
APPROVED:
Br.ocK_,FILING -Bighorn Sub
A.
sEcoNDED aY: 6t S6Ok>
-
AGAINST:
n c-Js q-a.cl
9<<
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VALUATION
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oIvNER's nntn '8,.u \/triaz - lZpee/'
r,orJ_, BLocK ,FILINGS/6 /a3^)
PIIONE #
department of community developn:ent
additional information or corrections
the Plern Check which is now in the Building
box1)
vail, colorado 81657
(303) 476-5613
The follorving
are required to complete
Department for review:
A --: t ----StzE aJ- - /Q,osS Josf /-ap-
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TOWN OF VAIL
DATE JOB NAME
TIME RECEIVED- AM PM CALLEB
n orHrn ! pnnrrrl LocATroN
READY FOR INSPECTION
MON TUE WED THUR FRI
COMMENTS:
AM PM
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CORRECTIONS
INSPECTOR
lh. pinrcr! !arl
DATE
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rNst=.tC* FTE..UE=T
TOWN OF VAIt
DATE JOB NAIVIE
TIME RECEIVED- AM PI\4 CALLER
E orHrn n pnnrrar- LocATroN
READY FOR INSPECTION
MON TUE WED THUR FRI
COMM E N TS:
AM PM
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INSPECTOR
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DAT E
rNso=..,|bt
TOWN O F
FIEOUEST
VAIL
DATE
TIM E
JOB NAME
RECEIVED- AM PM CALLER
florHen
MON
COMM EN TS:
TUE
! panrral LOCA T ION
READY FOR INSPECTION
WED THUR FRI AM PM
flappRovED
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CORRECTIONS
LJ DISAPPROVED
FOLLOWI NG CORRECTI ONS:
! nerNsPEcr
DATE
INSPECTOR
rNst=.tC* FtEGluEsr
TOWN OF VAIL
DATE JOB NAIVIE
TIME RECEIVED- AM PM CALLER
n ornen LI PARTIAL LOCATION
R EADY FOR INSPECTION
MON TUE WED THUR FRI
COMM EN TS:
AM PM
FOUIIDATION
FRAHIII€
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INSPECTOR
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DATE
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SNOW AVALANCHE HAZARD STUDY
SHAPIRO PROPERTY
BIG HORN SUBDIVISION
vA I L, C0L0 RADo
P repa red for
HR. ABE SHAPIRO
Box 1547
vAt L, C0L0RAD0
July 22, 1975
McDOWELL - SMTTH
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SNOW AVALANCHE HAZARD STUDY
ON SHAPIRO PROPERTY
BIG HORN SUBDIVISION
vAlL, coloMDo
INTRODUCTION AND SCOPE OF REPORT
Previous reports (INSTMR 1973; Colorado Geological Survey, 197il indicate
that snow avalanche hazard exists above properties studied in this report.
Topograph ic maps produced as a result of these studies were at a scale of
l:24,000 and therefore did not del ineate the hazard accurately enough for
detailed planning purposes. The objective of the present study is to pl ace
on a map scale of ltt= 200r more detailed information on the extent of
ava lanche runout so that planning and more detailed studies can proceed if
sufficient land is free of snow avalanche_ hazard. This reconna issance study,
however, wi Il not provide design information such as impact pressures and
estimated frequencies and flow depths. The results of this study therefore
cannot be used to provide design criteria for building within the runout zone.
Lots studied in this report are Nos. l, 2, 3, \, !, and 9 in Big Horn, First
Addition, Vail, Coi5rado whose approximate locations are showt) on Figure l.
These 6lots will be referred to hereafter as the Shapiro property.
I I . DESCR I PT ION OF AREA
The steep slopes above the Shapiro property collect and maintain a deep snow-
pack throughout most winters. This slope is oriented toward the northeast
and therefore receives only indirect rays of the sun throughout much of the
winter. Under exceptional weather and snowpack conditions, large quantities
of snow wi ll accumul ate and release from these slopes and flow downhi I I
as snow avalanches. Figure 2 is a photograph of these slopes taken in late
Spring of 1975. lt clearly shows tracks.cut through the timber which have
been caused by aval anches which have occurred in the past. The presence of
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the prominent cliff above the Property makes the analysis more complicated
because some dry snow f lowing aval anches may be t ransformed into powder
avalanches as they flow over the cl iff.
ill DESCRIPTION OF TYPES OF AVALANCHES WHICH
CAN OCCUR ON THE SHAPIRO PROPERTY
Powder avalanches (or airborne powder aval anches as they are somet imes called)
are low-densi ty, high-velocity suspensions of snow and ice particles. Because
of their great flow depths and velocities they can travel long di stances on
low gradients in the runout zone and can be very destructive despite their low
densities. Both wet and dry f lowing aval anches are high-density, low-
velocity masses of snow and ice. Because of their shallow flow depths and
low velocities these aval anches stop readily on slopes of low gradient in the
runout zones. Because of their high densities, flowing aval anches cause high
impact pressures in spite of low velocities. The impact pressures from powder
aval anches are caused by their high velocity but are generally less per unit
area than impact pressures from flowing avalanches. Flow depths of such powder
aval anches are generally deeper than those of flowing aval anches resulting in
high loadings on structures in their path. Flowing aval anches can sometimes
be control led by diverting or arresting the flow whereas powder avalanches
cannot often be diverted or arrested and structures must be designed to with-
stand the impact,
IV. LOCATION OF AVALANCHES ON AND ABOVE THE SHAPIRO PROPERTY
Flowing avalanches which threaten the Shapiro property can begin either below
or above the cl iff band shown in Figure 2. Flowing avalanches which begin
above the cliffs can reach Lots 9,1,2, 3, and part of Lot 4; however,
they are deflected away f rom Lot 5 and part of Lot 4 due to the shape of the
terrain above the cliffs. Lot !, however, is affected by avalanches which
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begin below the cliff. Lot 5 is not in the runout
Avalanche path west of the Shapiro property. Under
snow avalanches will develop into powder aval anches
cl iffs. These polder avalanches threaten Lots !, I
of the large ty'aterfall
ce rta in conditions dry
as they fall over the
' 2, 3, and part of Lot 4.
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avalanches which begin above and berow the cliff and by powder avalanches.Lot 5 is affected only by avaranches which begin berow the criff which cannot develop into powder avaranches. The hazard areas from both frowing and povrde r avalanches have been mapped separately on Figure l. 0f all the property, only a portion of Lot ! is compretety free of aval anche hazard.
V. CONCLUSIONS AND RECOHHENDATIONS
As shown on Figure 3, avalanche hazard exists on ail of the rots on the shapiro property. A smal I portion of the downhill limit of Lot 5 is free of avalanche hazard. Powder avalanches which sweep ovep Lots 4,3,2, l, and 9 can t ravel werr beyond the shapiro property and may reach existing houses on the north side of Lupine Drive. Avaranches c,f design magni tude have not been observed at this iocation since Vail was founded.
Establishment of the desirability and feasibirity of buirding within the hazard areas on the Shapiro property should include these steps:
l' Determine what portions of the hazard areas sho*n on Figure 3 are acceptable for buirding in terms of the impact pressure and frequency criteria' such criteria have been informar ry adopted by the Town of Vail for areas affected by f lowing aval anches (Lot 5 and part of Lot 4 on the shapi ro property); but not for areas affected by powder
avalanches. Such criteria must be deve roped for these powder avaranche areas (Lots 9, l, 2, 3, and part of Lot 4)
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This step would also provide design criteria by specifying:
a. Avalanche flow dePths
b. Aval anche impact Pressure distribution irr the runout zone
c. Aval anche frequencY estimates
2. Use the design criteria from Step I to develop recommendati ons for
aval anche defenses wi thin acceptable risk areas and determine the
economi c feasibility of individual structures on the ProPertY '
Step2,hou'ever'doesnotprovidestructuralengineeringorarchitec-
tural detai I s for indi v i dual buildings
one may deci de to stop work at any steP' Furthermore ' Step I may consider
all lots on the shapiro property or only Lot 5 and part of Lot I. where only
flowingavalanchesoccur.Atthistimewehaveestimatedengineeringcosts
for Step I to be approximately $3OOO' The cost of Step 2 has not been
estirnated'
lJe suggest rneetings be held wi th the Town of Vail to discuss the situation
on this ProPerty to determine their atti tude a- affected by this report '
VI. ADDITIONAL HAZARDS ON THE SHAPIRO PROPERTY
RockfallandmuoanddebrisflowhazardsthreatenportionsoftheBigHorn
area. Lots 'l '2' 3 and 4 of the Shapiro ProPerty have obviously been affected
byrockfallinthepast(SeeFigure4).llhilethefrequencyofrockfall.
cannot be determined by presently known methods ' the area affected previously
by rockfal I can be mapped so that this information can be cons i dered in
developmentplans.MudanddebrisflowsdonotaPpeartobeamajorproblem
on this Propertyl however' smal I mudfiows may occur on the upper part of
Lot l.
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SNOW AVALANCHE HAZARD STUDY
ON SHAPIRO PROPERTY
B IG HORN SUBD IV IS ION
VAIL, COLOMDO
INTRODUCTION AND SCOPE OF REPORT
Previous reports (tHsraRn t973; cororado Geological survey, r9lil indicate
that snow avalanche hazard exists above properties studied in this report.
Topograph ic maps produced as a result of these studies were at a scale of
l:24,000 and therefore did not del ineate the hazard accuratery enough for
detailed planning purposes, The objective of the present study is to place
on a map scale of lrr= 200r more detailed information on the extent of
avalanche runout so that planning and more detailed studies can proceed if
sufficient land is f ree of snow avalanche hazard. This reconna issance study,
however, wi Il not provide design information such as impact pressures and
estimated frequencies and flow depths. The results of this study therefore
cannot be used to provide design criteria for building within the runout zone.
Lots studied in this report are Nos . l, Z, 3, \, !, and 9 in Big Horn, First
Addition, Vail, colorado whose approximate locations are shown on Figure r.
These 5 lots wi ll be referred to hereafter as the Shapiro properry.
I I . DESCR I PT ION OF AREA
The steep slopes above the shapiro property collect and maintain a deep snow-
pack throughout most winters. This slope is oriented toward the northeast
and therefore receives only indirect rays of the sun throughout much of the
winter. Under exceptional weather and snowpack conditions, large quantities
of snow wi ll accumul ate and release f rom these sropes and flow downhil I
as snow avalanches. Figure 2 is a photograph of these slopes taken in late
spring of 1975' lt crearry shows tracks cut through the timber which have
been caused by avalanches which have occurred in the past. The presence of
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the cl iff.
ill DESCRIPTION OF TYPES OF AVALANCHES WHICH
CAN OCCUR ON THE SHAPIRO PROPERTY
Powder avalanches (or airborne powder avalanches as they are sometimes called)
are low-density, high-velocity suspensions of snow and ice particles. Because
of their great flow depths and velocities they can travel long distances on
low gradients in the runout zone and can be very destructive despite their low
densities. Both wet and dry flowing avalanches are high-density, low-
velocity masses of snow and ice. Because of their shallow flow depths and
low velocities these aval anches stop readily on slopes of low gradient in the
runout zones. Because of their high densities, flowing avalanches cause high
impact pressures in spite of low velocities, The impact pressures from powder
aval anches are caused by their high velocity but are generally less per unit
area than impact pressures from flowing avalanches. Flow depths of such powder
avalanches are generally deeper than those of flowing avalanches resulting in
high loadings on structures in their path. Flowing avalanches can somet imes
be controlled by diverting or arresting the flow whereas powder aval anches
cannot often be diverted or arrested and structures must be designed to with-
stand the impa ct .
IV. LOCATION OF AVALANCHES ON ANO ABOVE THE SHAPIRO PROPERTY
Flowing avalanches which threaten the Shapi
or above the cl iff band shown in Figure 2.
above the cliffs can reach Lots 9, l, 2, 3,
they are deflected away f rom Lot ! and part
terrain above the cliffs. Lot !, however,
ro property can begin either below
Flowing avalanches which beg in
and part of Lot 41 however,
of Lot 4 due to the shape of the
is affected by avalanches which
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begin below the cliff. Lot 5 is not in the runout of the large waterfall
Avalanche path west of the shapiro property. under certain condltions dry
snow avalanches wi ll develop into powder avalanches as they fall over the
cl iffs, These por,rder avalanches threaten Lots 9, l, Z, 3, and part of Lot 4.
fn summary, Lots 9, l, 2, 3, and part of Lot 4 can be reached by both flowing
avalanches which begin above and below the cliff and by powder avalanches.
Lot 5 is affected only by avalanches which begin below the cliff which cannot
develop into powder avalanches. The hazard areas from both flowing and powder
aval anches have been mapped separately on Figure 3. of all the property, only
a portion of Lot J is completely free of aval anche hazard,
V. CONCLUS IONS AND RECOHMENDAT IONS
As shown on Figure 3, avalanche hazard exists on all of the lots o.n the Shapiro
property. A small portion of the downhil I limit of Lot 5 is free of avalanche
hazard. Powder avalanches which sweep over Lots 4, 3, 2, l, and 9 can travel
well beyond the shapiro property and may reach existing houses on the north
side of Lupine Drive. Avalanches of design magnitude have not been observed
at this location since Vail was founded.
Establishment of the desirability and feasibility of building wi thin the
hazard areas on the Shapiro property should include these steps:
l. Determine what portions of the hazard areas shown on Figure 3 are
acceptable for building in terms of the impact pressure and frequency
criteria- such criteria have been informally adopted by the Town of
Vail for areas affected by f lowing aval anches (t_ot 5 and part of Lot 4
on the Shapiro prope rty) ; but not for areas affected by powder
avalanches. such criteria must be deve loped for these powder avalanche
areas (Lots g, 1,2, 3, and part of Lot 4).
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This step would also provide design cri.teria by specifying:
a. Aval anche f lorar dePths
b. Avalanche impact pressure distribution irr the runout zone
c. Aval anche frequencY estimates
2, Use the design criteria from Step 'l to develop recommendati ons for
avalanche defenses within acceptable risk areas and determine the
economic feas i bi I i ty of i ndivi dual structures on the Property '
Step 2, hovJever, does not provide structural engineering or architec-
tural details for individual buildings
One may deci de to stop work at any step' Furthermore ' Step I may cons i der
al I lots on the Shapiro Property or only Lot 5 and part of Lot 4 where only
flowingavalanchesoccur.Atthistimewehaveestimatedengineeringcosts
for Step I to be approxirnately S3O0O' The cost of Step 2 has not been
estltnated.
suggest fiEetings be held wi th the Town of Vail to discuss the situation
this property to determine their attitude as affected by this report'
VI . ADDITIONAL HMARDS ON THE SHAPIRO PROPERTY
RockfallandmudanddebrisflowhazardsthreatenportionsoftheBigHorn
area.Lotsl,2,3and4oftheShapiroproPertyhaveobviouslybeenaffected
by rockfall ln the past (See Figure 4)' Vlhile the frequency of rockfall'
cannot be determined by presently known methods, the area affected previously
by rockfall can be mapped so that this information can be considered in
development plans' Mud and debrls flows do not appear to be a major problem
on this proPertY I however' smal I mudflows may occur on the upper part of
Lot l.
We
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a!ea1 lno1u eleotrlott3rl that at any -:,gaE, tolephono
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Thene shal,l be no general rul.e for the
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::',.'l '. bY the Grantor.."i ;".1'. . L5. CoNTINUIXY Ot CONSmUCIION:
aettvlty
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MEMO
T0: TERRELL ,1. MINGER
FR0M: JAltlES F. LAMONT n , a lrl0r4 RE: ZONE DISTRICT ' SPECIAL CONDITI0NS P'F
--'DATE: N0VEMBER 14, 1974
At your reguest, we have obtained a second legal opinion from Mr.
liriy-niOer regirding the attacfnnent of special conditions to speci.fic
proplrties as i part-of the Bighorn zoning proposal. In surmary' Mr'
Rider's opin'ion is as fo] lows:
(1) There are no court precedents estab'lished jn colorado that
confront this subiect.
(2) 0n a national leveln the.precedents are split 50-50 as to the
lega'litY of thjs aPProach
(3) The following provis.ion within our zoning ordinance seems to
cause question! as to the validity of this approach:
I'The regulations prescribed by this ordinance applicable
to various districts and uses shall be minimum regulations
and sha'l 'l apply uniformly to each class or kind of land
structure or use.tt
(4) The method which we are using, howevern creates a.more restrictive
use rather than a more libera] use for the property, which is
important should an adjacent property owner commence litigation
(5) The DroDerty owners should be required to file a deed restric-
tion, whictr-carrjes the specia'l condition forward to future
owners.
(6) Suits could arise from future owners of these-properties'
However, if the conditions are filed as a deed restrictlon'
their position is weakened.
(7) If the courts were to overturn the Tovmts decision of afflxing
special condltions, in all likelihoodo they would direct the
Council to estab'lish a district which is uniform to existing districts. Consequently, the Town Council will have the last
word in any event.
Mr. Rider believes our approach is va'lid and the probability of bejng
overturned by the court is mininal, Thereforen we should proceed w'ith
the proposal,
JFL/nrm
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TO:
FROMr
MEMORANDUM
JIM LAIIIONT, PLanning Director
I.,AWRENCE C. RIDER
SIIBJECT: Can the City CounciJ- grant a conditional zoning of a particular piece of property?
coNcr-,us10N
TEE OUESTION OF WEETHER A MUNICIPA].ITY CA}I ZONE A PARCEL
OF PROPERW WITE CONDITTONS OTSER THAN TEOSE IMPOSED ON SIMILAR
PARCELS OF PROPERTY IOCATED IN THE SAME ZONING CI,ASSIFICATION HAS
NOT BEEN DECIDED IN COI.ORADO, BIIT IT WOULD APPEAR THAT TEERE MAY
BE LEGAT OBJECTIONS TO SUCH A PROCEDURE. IF THE CONDITIONS IMPOSED
ON THE APPLICAST ARE MORE STKTNGENT THAN THOSE IMPOSED ON SIMITAR
PROPERTY I-,OCATED IN TITE PARTTCI'LAR ZONING DISTRICT AND ARE AGREED
TO BY THE APPLICAIIT, THEN PRACTICAI.LY, TIIE COUNCII.. CAN ZONE EITE
PROPERTY WITIIOUT REPERCUSSION.
ARGI'MENT
The question to me was whether the city Council could zone trvo
parcels of recently annexed Land and impose conditions on the develop-
er tlrat are different than those imposed on siuuilar property J.ocated
in the sanne zoning district. The appJ-icants on both parcels of pro-
perty agreed to reducing the totaL nunber of units all-owed per acre.
Colorado Courts have not considered the question of conditional
zoning such as lte have here. In the jurisdictions ttrat have decided
the question, there is nearly a split between those who allow such
procedures and those who donrt. In the jurisdictions that don't allow
conditional zoning the cases usua3.ly turn on. one of two issuesi
(1) the Court finds that it is spot zoning and is therefore invaLid;
or (2) that it is in violation of the uniformity provisions of zoning
the ordinance or statute which requires zoning regulations to be uni-
form as they are appJ-icabJ-e in each district. In addition, some
courts have found such a procedure to be zoning by contract ttrat there-
by bargain$ away the Cityrs police power contrary to the best interests
of the public.
In the jurisdictions that have upheLd conditionaL zoning, they
have found the conditional zoning valid if it was reasonabJ-e, bore a
reasonabLe relationship to the public health, safety and weLfare, and
the City acted reasonably.
In the various qases dealing wj.th conditional zoning, it usually
is either the d.evel-oper objecting to the cond.itions imposed or a com-
petitor objecting because the appJ.icant was given better treatnent. In
the matter at hand, since the applicants have agreed to the conditions,
ttrere would appear to be littLe J-ik€lyhood that he would object to the
Cityrs imposing the conditions. Likewise, the conditions are more
stringent than ttrose irnposed on competitors and it would not seem J.ikeJ.y
ttrat they woul-d commit the cityrs action. If there is a practical aliffi-
cuLty, it would appear to arise if the appLicant sold it to another and
the buyer then objected. to the conditions imposed. Any buyer could be
put on notice by recording the conditions or having them made as a re-
servation in the deed.
Therefore, it woulil appear to me that if the City went atread anil
zoned the property with the conditions, it may end up having to argue
the validity of that in court with no clear indication as to whether
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validity would be upheld. CoLorado does have a reputation as being
conservative in such matters and the Court may go with those juris-
dictions that say conditional zoning is not val-id. On the other hand,
the City Council may determine that the benefits that may be derived
from provid,ing conditionaL zoning weighed against the practical pos-
sibiLities of a Law suit warrant granting the zoning appJ-ication.
If you have any questions, please caLL me and we can taLk about
this further.
Respectfully submitted,
Lawrence C. Rider
Attorney at Law
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SUMMARY OF PROCEDURE
Section 21.505 - zoning ordinance;
Hearing by Town Council. Upon receipt of the report and ffianning conmiss'ion, the Town
Council shall set a date for hearing in accord with Section
2'J..400, Notice sha]l be given and the hearing conducted in
accord with the provisions of Section 21.400,
Section 21.506 - zoning ordinance:
Action by Tovm Counci'|. ldithin 20 days of the closing of a
@posed amendmento the Town Council
shall act on the petition or proposal. The Town Counci1
shall consider but shall not be bound by the recormendation
of the Planning Connission, The Town Council:tnd] cduse dr
ordinance to he intrndrrad tn amend the reoulations of this
oidlnance or to change district boundaries, either in accord
with the recorrnendations of the P'lanning Conunission or in
modified form, or the Council may deny the petition. If the
Counci I elects to proceed with an ordinance amending the
regulations or changing district boundarieso or both, the
ordinance shall be considered as pre5cribed by the Charter
9! !.hS Town of Vail.-
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Section zL,4o3 - zoninq ordinance;
Evidence. ... The Town Council sha'l I base its determinations
upon statenents contained in the application or petition,
upon reports from the Town staff or consultantso if any,-
upon evidence submitted to the planning Cornnission and-ihe
recommendations of the Corrnission, and upon evidence presented to the Council at the hearing.
Hearings shall be conducted in such a manner as to afford an applicant or.petitioner and all interested parties the oppor-tunity to submit exceptions to the record, cbntentions, ahil arguments-with respect to the issues entailed, provided that the.Planning-Corrnission and the Town Council may timit the taking of evidence to evidence not previousty sinmitted and made a matter of record.
Beck &
Abey
August 13, 1974
Mr. Jim Lamont
Director of Oommunity Development
Tovm of Vail g. "O. Box 100
Vail, @lorado 81657
Re: Bighorn
Dear Jim:
Tlris letter is to record our brief discussion on August LO, Ig74
conceming prolnsed zoning and land uses in the Bighorn area.
Items discussed:
1.Vail Investment Properties
By my letter of March 7, 1974 to you, I agreed that on
LDMF zone was not inappropriate if there rpas agree-
ment on tJ:e part of the Orner to a lower density, perhaps
similar to the density of the 'R" zone. firat letter covered
my opinions thorougbly and I still feel is the proper approach
to the zoning.
Core Ranger II Limited
My original recommendation \pas that the proper zone wast
'rRil wtth proviso that cluster development be permitted.
ff an LDMF zone with a density limit is a more realistic
vehicle for cluster development, I would agree to a change.
However, it is important to Umit density to a number weII
below 12 per acre. Ttre Owners argument that 120 small
rmits has no greater irnpact on the land than 60 large rmits;
may be true architecturally but is not true when considering
o1trsr i'npacts. A measure of impact must be the automobile,
more cars will be placed on the site, the impact will be
greater.
Principals:Associares:
Robsrt Roysr@ FAsr.A Patricia Carlisle Asr.A Ergoe & KDtir agLA
2.
r "ndscape Architects:
Land Planoing
Urbal Deeigt'
Park Plaoaiag
Enviroameoal Planning
Asa llaoamoto ASLA
Eldon Be&asre
Kazuo AbeyAsr,il
Iouis G. Allen Architect AIA Roben T. Battstm
llarold N. Kobayashi l:tt.l George W. Giryin
50 Greeo Steet
Sao Fraacirco
Califoraia 94f f r
(41e> 3974'91
Mr. Jim Lamont August L3, lg74
3. Bigborn Junction Ltd.
I would suggest that approved zoning c:Lrry a range of
units permitted rather than a specific number. trbr
example, lodge or motel units shall nary from 100 to
150 uits. In this way flexibility is imFlied and tuture
Planning @mmissions would be aware of our cument intent.
Too often a maximum number is too high and becomes
the target number for the developer, it is difficult to
argue for less density. This sa"me flexibility can be
assigned to each of the three uses proposed. The final
judgement of allowed densities would be based utrnn
design quatity and an Environmental Impact Report.
4. Otrlen Space, Recreation Areas
In our preliminary analysis, we had identified several
good pnrk sites. It is imperative that theprolnsed
zoning include an open space-recreation element.
I believe that this covers all that we had discussed. Let me know if I
can be of further help./
BECI( & ABEY
Mr. Terrell ,l; Minger
I\ltr. Kent R. Rose
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January 10,1974
Dear Blghorn Proprty Owner:
Enclosod is your ponbn ot the Petition for Annexatlon of Territory to the Town ol Vatl. ll you arc ln lavor of
anExation of tt e Bighorn area to the Town, please date and sign the pstition on the llne designated 'Elgnature ot
Wtltloner" in tl?€ presence of a NoW Public. Then return the executed and notarized petition in the retum en-
yetop provlded withln thirty days trcm the date hereof . ll you are not in favor ol the annexatlon, please disrcgad
thls petltlon.
TOWN OF VAIL,
COLORADO
INTENT OF TOWN COUNCIL
The Town Councilof the Town of Vail, Colorado, believes that the annexation of the area known as Bighorn will
be in the best inbrests of the citizens and proporty owners ot both the Town of Vail and Bighorn. Consequently it is
the intent olthe Town Councilto endeavorto be bound by the following provisions should annoxation occul:
(1) That all laws of the Town of Vail shall apply to the annexed arsa.
(2) That tha lev€ls of municipal sorvices shall be subsiantially the same as those provided in the Town of Vail.
(3) That underthe Town lawsno property owner shall be unjustly deprived ol his property rights.
(4) That the Town Council wlll se€k to involve in the governmental processes qualified residents of ths Bighorn
area,
(5) That oxisting and approved buildings and development proiects shall not be substantially aftected or modi-
fied andthat applicable laws shall be liberally interpreted so as not to cause undue economic hardship on a proper-
ty owner or developer, provided that the public health, safety, or welfare are not jeopardized.
(6) That the proposed zoning map for the Bighom area which accompanies the annexation petition shall b€ suts
sbntiallythe same zoning map that will be adopted as a part of the Official Zoning Map of the Town afler tho pro-
posed anne)€tion has become elfective.
POINTS TO CONSIDER REGARDING THE PROPOSED ANNEXATION
ln the preceding twelve months the residents and property owners of the Bighom area have thoroughly investi-
gat€d the advantages and d'Fadvantages of the proposed annexalion of said area lo the Town of Vail. The Torvn
has made wery eflort lo consider and respond to the views and concerns expresed by the Bighom rcidents and
property owners. While we can indefinitely debate and qusstion the laws, policies, and programs ol the Town,
thore is a point at which th€ debate becomes futile if one side ol the debate has no legal voice in changing the
Town's policials or laws. The time has come rrrhen ihe Bighorn residents and proporty owners must $reigh the b€ne-
fib and detrimenb which would result both today and in the future lhrough the proposed annoxation. No torm of
government is totally acceptable to everyone affected by it. However, what is important is that the government
respond io the character and neods of the community which it serves. The government of the Town endeavors to
s€rvs lhe needs of a unique and rapidly growing recreational community. From a practical standpoint it is cleat
that the Bighorn area is a significant part of that recreational community and, thsrefore, it should have a govern-
mentwhich will be reflective of its recreational character. lt is only ihrough common effort, concern, and inter€ts
thatthe people of Vail and Bighorn can adequately confront and resolve the problems of the community in such a
way as to prot€ct individual investments and the continued success of the community as a whole.
The signing ol the annexation p€tition by a Bighom property owner would tend to indicate his or her belief that
the governmenl of the Town of Vail is appropriate for lhe Bighorn area. Secondly, the potilioner would thereby be
requ€sting the Town Council of Vail to determine that the annexation is based on the common interests of Vail and
Bighom and lhat the petitioner should have a voice in the oporation o{ the Town government. Thirdly, the Town
Council must delermine betore approving the propeed annexation that such annexation would not jeopardize tho
laws, polici6, and programs ol the Town.
So thatthe Bighorn residents and property owners willbe aware of the range of rights, obligations, services, and
programs which theTown ol Vail providss forand requires of its citizens and prop€rty owneB, the tollowing pointg
are presenled:
(1) AdmlnbfafiYe Se lces:
A profesionally qualilied staff administers all functions of municipal government within the Town of Vail and its
afflliated impro\rement districts. Of key importance are the tollowing positions:
(a) Town Manager (b) Town Attorney (c) Assistant Town Manager/Finance Director (d) Administrative AssistanvPlanning (e) Administrative AssistanVPersonnel
(t ) Chief ol Police
(g) Town Enginesr/Public Wofts Direclor
(2) Com prchenslve Bevelopment Controb:
The Building and Zoning Department applies and enforces the municipal zoning oritlnance and the building codes
through proj€ct revlew, plan checking, issuance of permits, and on-site inspeclion of all construction and develop
mentwllhin the Town of Vail. All department staff membors have extsnsivs prolessional expsrlence and are able to
provide the consumer and developer the added benefit of quality control in development and conslruction.
(3) Polho Protecllon:
A Police Department which operat€s 24 hours every day havlng train€d personnel charged with the responslblllv
of mainiaining a quality lovel of public salety.
o
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o o
o
,
o
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(4) Strset and Road Malnbnance:
A fullr€quippsd Public Works Departrnsnt that is responsible lor snow removal, street pavlng and repalr, stre€i
llghtlng, and a variety of other tunctions.
(5) Gable Televlelon:
All territory within the Town must be serv€d by the local cable system which is lranchised by tho Town ol Vail.
(61 Master Plannlng Program:
The nature ol Vail's expansion in the past few years has prompted the municipal governmont to take a hard and
critlcal look at tho direction of the fulure growth of the community. A highly qualilied planning team has b€en
assembled to anallze the present trends, problems, and n€ods of the communiiy. The outcome of this analysis will
be a ssries ot suggested allernatives which could be used to guidethe growth of the Town. Current studies include
such areas as: water resources; recreation and amenities: traffic, parking, and mass trarcit planning; green b€lt
and park plans; bicycle paths and hiking trails; environmental impact reporb; and landscaping and reforestallon.
(4 Ecologlcsl and Envlronmental Conlrol:
The municipal government and improv€ment districts seek to maintain and improve the ecological guallty of the
community. Consequontly the Town provides a variely ol controls orrer future developmsnt through lts Plannlng
Commission and the Design Review Board which oversee the design and placement of prolects, structures, and
signs within the community. Health codes are enlorced by the Town Sanitarian. The local Liquor Licensing
Authority is responsible tor insuring high standards of operation ol all liquor dispensing establishments. The pur-
pose of th€se controls is to insure the residents and ths property owners that lheir inveslments in the communlty
will b€ sub6tantially protected and enhanced.
(8) ]an.lscaplng and Gr?en Bell Program:
The Town of Vail through its intensive landscaping program insures the continued improvement ol lhe visual
beauty of the community. Under the Green Belt Program the Town administration seeks to maintain ample opon
space to enhance the environmental quality of the community.
(9) Recreatlonal Amenlll@:
Upon annexation the new territory will be able to participate in the activities of the Metropolitan Hecreatlon Dls-
trict. This district coordinates the planning, construction, and operation of the community's recreational facillties
such as the golf course, tennis courb, and skating rink.
(10) Educatlonal and Culiunl Developmenl:
MuniciFl governmenl encouEges greater opportunities for intellectual pursuits for Vail residents. Such activities
as the Vail Symposium, SummerVail Workshop, public access television, The Vail Institute, and the Vail Library are
all programs which the Town is currently supporting with f unds and staff assistiance.
(11) Real Property Taxatlon:
(a) Residenb of Town of Vail now pay 87.45 mills or $87.45 per $1pffi ol assessed valuation.
(b) Reidenb of Bighorn now pay 99.55 mills or $99.55 per $1,000 of assessed valuation (because ol Upper
Eagle Va lley Sanilation District).
(c) lf annexation occurs, Bighorn residenls will pay 9.40 additional mills (4.00 tor Metropolitan Recroation
District and 5.40 forTown of Vail) or atotal of 108.95 mills or $108.95 per $1,0O0 ol assessed valuation. The County
Assessor's office states that the ultimate assessed valuation is 300/o of the selling price. However, at the present
time assessed valuation is abouf 150lo (perhaps because of inflated prices). A table showing approximate examples
olanticipated additionaltaxes and total taxes based on 150/o assessed valuation is as follows:
Markel Value
$10,000
20,m0
30,000
40,m0
60,@0
75,(mO
Addltlonal Tax
$ 14.10
28.20
42.30
56.40
84.60
105.75
Assesged Valuatlon
$ 1,500
3,000
4,5@
6,000
9,0(x)
11,250
Total Tar
$163.4i!
326.85
490.28
653.70
980.55
't,22s.69
(12) Honn Rub Communlty:
The Town of Vail since September 1972 has lunctioned underthe provisions of its Home Rule Charter. The Charter
provides legislative and linancial flexibility, thus enabling the Town Councilto guide the destiny ot the community.
(13) Rep.essnbtlon:
Once the Bighorn area has been annexed by the Town, all qualified residenls will have the rlght to vote In munlcl-
pal electlons, as well as hold elected or appointed offices, thus assuring more direct and efbctivo particlpatlon In
ths direction of local government.
PROPOSED BIGHORN ZONING AND PLANNING CONSIDERATIONS
A \€ry important aspect ol annexation which the Bighorn property owners should bs awara of is tho proposod
zoning plan forthe Bighom area. The proposed zoning plan was prepared by the Town of Vail in coniunction with
the planning firm of Royston, Hanamoto, Beck & Abey who creabd the recently approved Vail Plan. The following
criteria wEre used in the planning analysis:
Avalanche and flood plain hazards
Existing covenants
Existing and propos€d development plans
Traff ic llow and access
Environmental asgets
Population proiections
(1)
(21
(3)
(4)
(5)
(6)
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Taklng all of these factorc into consideration each subdivision in the Bighorn area was analped using available
Information and then comparable Town of Vail zoning was applied to the area. In most instanc€s the exisling and
propoeed development conformed to ihe Town zoning classifications and requiremenb.
At the request ol ths Bighorn Property Owners Associatlon four neighborhood meetings were held in late No-
vember'1973 wiih interetsd property owners. Further, a special public hearing on the proposod zoning plan was
held on December'19, 1973. As a result of these meetings, revisions in the plan were made based upon additional
inlonnation and concern on lhe part of th€ Bighor residents and property owners. The Town ol Vail, Town Gouncil,
and Planning Commission have reviewed and approved the proposed Zoning Plan.
ll the proposed annexation ls approved by the Town Council, the Town ot Vail must amend its Officlal Zoning
Map to include the Bighorn area within 90 days after the etfective date of the annexation.
For the benefit ot those who aro not familiar with the current Town of Vail Zoning Ordinance, the following is a
brief summary of the zone districb as they exist in the Bighorn zoning proposal:
(1) S F H - Purpose: The slngle tamily residential district is intended to provide sitestor low density single tamily
resldential usos together with such publlc lacilities as may appropriately be located in tho same district. The Slngle
Famlly Resldential District ls Intended to ensure adequato light, air, privacy, and open space for each dwelllng
@mmensurate with slngle lamily occupancy, and to maintain the desirable residential qualities ol such develoF
ment standards.
(2) R - Purpose: The Two Family Residential District is intended to provide sites for low density single family or
twofamily residontial uses, together with such public facilities as may appropriately be located in the same districl.
The Two Family Residential District is intended to ensure adequate light, air, privacy, and op€n space lor each
dwelling oommensuate with single family and two lamily occupancy, and to maintain the desirable residential
qualities ot such sibs by establishing appropriale site development standards.
(3) L D M F - Purpose: The Low Densi! Multiple Family District is intended to provide sites for single family,
two tamily, and multiple family dwellings at a density not exceed ing 12 dwelling units per acre, together with such
public tacillties as may appropriately be located in the same district. The Low Density Multiple Family District is in-
tended to ensure adequate light, air, privacy, and open space tor each dwelling commensurate with low density
occupancy, and to maintain the desirable residential qualities of the district by ctablishing appropriate sit€ de-
velopmont sbndards.
(4) M D M F - Purpose: The Medium Density Multiple Family District is intended to provide sites for multiple
family dwellings at densities ranging generally trom 15 to 30 dwelling uniis per acre, together with such publlc faci-
lities and limibd prolessional offices and medical facilities as may appropriately be located in the same district.
The Medium Density Multiple Family District is intended to ensure adequate light, air, open space, and other
amenities commensurale with multiple family occupanry, and to maintain the desirable residential qualities ol the
district by €stablishing appropriate site development standards. Certain non-residential uses are allowed asi condi-
tional uses, and where permitted are intended to blend harmoniously with the residential character of the districl.
(5) C S C - Purpose: The Commercial Service Oenter District is intended lo provide sites for general shopping
and comnercial facilitios serving ihe Town, together with limited multiple family dwelling and lodge uses as may
be appropriate without Interfering with the basic commercial functions of the district. The Commercial Service
Cenbr District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted
typ€s of buildings and uses, and to maintain a convenient shopping csnter environment for permited commercial
uses.
(6) H S - Purpose: The Heavy Service District is intended to provide sites for automotive-oriented uses and for
commercial service uses which are not appropriate in other commercial districts. Because of the nature of the
characteristics, appearance, and potential tor generating automotive and truck traffic, all uses in the Heavy Servico
District are subject to the Conditional Use Psrmit procedure. In granting a Conditional Use Permit, the Planning
Commission orthe Town Council may precribe more r€strictive development standards than the standards pre-
scrib€d for the district in order to prolect adloining uses from adverse influences.
t/) A- Purpose: The Agricultural and Open Space District is intended to preserve agricultural, underdevelopsd,
or open space lands from intensive development while permitting agricultural pursuib and low density residential
uses consistent with agriculluraland open space objectives. Parks, schools, and cortain types ol private recreation
lracilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites
ofthese us€s remain predominately open. Site development standards are intended to preclude intensive urban de-
velopment and to maintain the agricultural and open space characteristics of the district.
The Zoning Ordinance further providos for development standards for each zone district $/hich control psr-
mitt€d usos, lot area and site dlmensions, setbacks, distances between buildings, height, density, building bulk,
site coverage, usoable opon space, landscaping, parking, architectural design and environmontal hazards. The
specifics ol each oJ these developmenl standards are loo lengthy lo present here; however, copies of the Zoning
Ordinance are available in the Town of Vail Municipal Building. In general the new Zoning Ordinanca is intended
to prevont exc€ssfue heighb and densities which have occurred in the past.
I'lazsrd Zonlng Pralglons
The erwironrnental impact r€port is a very important element in the new zoning ordinance and has significant im-
pact upon the proposed Bighorn zoning plan. Largo portions ol the Bighom area are subject to potontiat extenstve
avalanche and floodplain hazards. The Town of Vail must acknowledge the existence of these hazard areas b+.
caus€ il could be legally responsible for loss ol llfe and property if it knowingly pormitted development to occur
within known heTard areas. Therefore, the Town considers that the environmenial impact report placos ths burden
of prool upon the developer to determine the extent to which his property is safe ly developable. For thls reason
property which is situaled in a known he"ard area will b€ designated as being within the approprhte zone dlstrict
ln accordance with the ator€sald planning analysis and other pertlnenl criteria, but will be identilied as having a
hazard and willbe sublect to the environmental impact repori provisions ofthe zoning ordinance.
R8l&n0al Zonlng AnEndment
Afurther conslderation rolatod to haTard area is a proposed zoning amendment that would allow tor lhe cluster-
Ing of dwelling units wlthin quallfying resldential districts. This proposed amendmonl would permit denslty allow-
able forlhe entirc slte to bo clustered on non-hazard portions of the site, providing all development standirds are
met.
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BTG HORI{ ZONING
As an impo::tant aspect of annexation the Big Horn Property
own,rr should lre arvare of the proposed zoning plan for the
Biq l{oi:n area" The zoning' pran was prepared by the Town
of Vail in conjurction r,rith the planning firm of Royston,
Hanamoto, Seck and Abey vrho authored the recently approvetl
VaiI P1an. lirr: following criteria v/as used in the pJ-annj.ng
ana]'lsis:
(1) Avaianche and, flood plain hazards (2) Exisling covenants (3) Er:isting .;nd proposed development plans (4) Traffic flow and access (5) Eir v:'-roune nLaI assets (6) Population projections
Taking a1-l- of ihese factors into consideration each sub-
division 1.7as arralysized. ir: detail and then cornpariable
Town of Vail zoning applied to each area. In most instances
the existing and p::oposeil development conformed to the
Townrs zoning classification and reguirements.
At the request of the B1g Horn Property Owners Association
four neigirborhood meetings vrere heLd in late November with
interested property o\{ners. Furf-her, a special public
hearing on the zoning pLan was held on December l-9. L973.
As a result of these meetings minor revisions were made
based upoi', inforrnation and concern. The Town of VaiL,
IVon Council, and Planning Commission have reviewed the
Zoning Plan an<l have approved the proposal.
If annexation is approved by the Big Horn property owners
the Town of Vail rnust, adopt an officiail zoning plan within
90 days of the date of the annexation.
For the bene+it of those who are not familiar with the new
Town of Vaii- zoning orclinance, the following is a brief
summary of the zone dislricts as they occur in the Big
Horn zoning proposal:
(1) SFR Purpose: The single family residential district
is intended to provide sites for low density single famiJ-y
residenti-al uses together with such public facilities as
may appropriately be located in the same districb. The
Single Famili' Residential District i-s intended to ensure
adequate light, air, privacy, and open space for eaqh'
druelli.ng connensurate rvi+-h single family occupancy, and
to maintain the desirable residential qualities of such
developnent stand;irds.
o
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(2) R Purpose: The l\vo Farnily Residentiat District is in-
tended t'o provide sites for lorv density.single- family or
trvo farniLy residential uses, together with such public
facititie! as may aopropriately be located in the same
district. The 1'wo Famify Residential District is intend-
ed to ensure adequate 1ight, air, privacy, and.lPen space
for each dwelling colunensurate with single family and two
family occupancyi ana to maintain the desirable residential-
q""iiti"" oi =u|tr sites by establishing appropriate site
deveJ-opnent standards.
(3) LDMF
Purpose: The Low Density l{ultiple Famil-y District is
intended to provide sites for single family, two family'
,"a-r"rti-p1e" family drvellings at a density not exceedrng
iZ aweffiirg units fer acre' logether with such publ-ic
facilities as may ippropriately be l-ocated in the same
district. The Low bLt"ity MuLliPle Family Districb is
intended to ensure adequate 1i9ht , air, privacy, and open
;;;;; for each dwelling colnmensurate with low density
"'.""pui.V, and to main[ain the desirable residential
quaf;-tiei of the district by establishing appropriate
site development standards.
(4 ) MDIIF Purpose:TheMediumDensityMultiple-I.a11J-yDistrict
is inter.-ded to provide sites for multiple family_ dwellings
at densities rangingi g'eneral-ly from l-5 to 30 dwe11in9, units
pur ."r", togeht6r 'i'iitr suctr public facilities and litnited
ii"g"""i"nal offices and mediial- faciLities as may appropri--"t.iy-f" located in the same 4istrict. The Mediun Density
rrlurtipre Family District is inLended to ensure adequaLe
iigirt, air, op-en sPace, and otler anreniLjes comnensurate
wilfr iruftipJ-e-fami]-y occupancy, and to maintain the desirable
i"siaentiai qualities of tfre district by establishing
;;;;;;;i;i" Jit" development standards. certain non-residen;-
ilf uses are perrhittecl as conditional uses, and where per-
*itt"a are iniended to blend harmoniously with the residential
character of the district.
.(s) csc Purpose:TheCommercialserviceCenterDistrictis
intended to provide sites for general shopping and com-
*"i.Iif taciiities serving the Town, togiether-with limit-
.a-^"iiipJ-e family dwel-l-ing and lodge uses as'may be
;;p;;;;r;te withoirt interfering with the basic commercial
fuirctions of the district. The Commercial Service Center
Oistrict is intended to ensure adequate Lightr-air, open
"p."., and other amenities appropriate.to permitted
;h;;'of buil-dings and uses,-and to maintain a convenient
sirbpping center 6nvironment for perrnitted commercial uses.
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(6)
Purpose: The Heavy Service Distrist is intended. to provide sites for automotive-oriented uses and for comrnerciaL service uses which are not appropriate in other commerciar districts. Because of the nature of the characteristics,appearance, and potential for generating automotive and truck traffic, all uses in the Heavy Service District are subject to the conditioanl use permit procedure. In grant-ing a Conditional Use permit, the nlanning Commission or the Town council may prescribe more restrictive developrnent standards than the stand.ards prescribed for the district in order to protect adjoining uses from adverse influences.
. Purpose: The AgriculturaL and Open Space District is intended to preserve agricultural_, underdeveloped, or open space lands from intensj.ve development while permitting agricultural pursuits and low den-sity residenli.l ose consist.ent with agrj.cul-turaL and open space objectives.Parks, schools, and certain types of private recreation facilities and institutions also are suitable uses in the Agricultural- and Open Space District, provided that the sites of these uses remain predominately open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the district.
The zor^ing ordinance further provides for d.eveJ_opment standards for each zone district which control permitted uses, log area and site dimensions, setbacks, distances
beLween buiJ.dings height, d.ensity, buiJ_ding buck, site coverage, useable open space, J_andscaping parking,archj-tectual design and environmental hazards. The specifics.of each of these developemnt standards are too lengthly to presenu herei however, copies of the zoning ordinance are available in the Town of VaiL lvluni-cipal Building. In general the nevr zoning ordinance ':is intended. to substantiality in the cornmunity so as to prevent excessive heights and densities which have occured in the past.
HAZARD ZONTNG PROVISIONS
The environmental- irnpact report is a very important
el-emenL in the new zoning ordinance and has significant impact upon the Big Horn Zoning PLan. targe p6rtions of the Big Horn area are subject to the potential of extensive aval-anche and floodplain hazard. The Town of VaiL must acknowledge the existence of these hazard areas because it would be legal-J-y responsible for loss of life and property if it knowingly permitted development to occure within known hazard areas. Therefore, the Town thought the environ-mental impact report places the burd.en of proof upon the developer to determine the extent of ra'hich his property is deveLopable. For this reason tracts which occur in known
(7')
hazard areas carry the appropriate zone district but vrilL
be identified as iaving a'tralara and r^rill be subject to
Lfre env:-tomental impacl report provision of the zoning
ordinance as will all building sites'
A further consideration related to hazard area is a
propo"ea zonj-ng amendment that woul-d allow for the
Ltu-sterinq of drvefJ-ing units within qualifing residential
Ai"tti"t". fttis prop5sea amendment would permit density
al-lowabfe for the; ".riit. site to be cLustered on non-hazard
p"iii""t of the site providing standards are met'
COMMERCTAL FACILITIES
The Tor.rn of Vail has determined that the proposeil zoning
pii"-*""rd permit afproximatglY^},200 to 1'500 dwelling
units rvhich constitirie some 4,500 to 5,000-people at
maximum o""tpu.r"y. --ftt" Town ieels that this population
;;;; i" sufficient to support a convience neighborhood
shopping center. The "ot-it'g pJ-an is such that the l-ocation
;t-th. ionvience shopping center is not related to inter-
slate traffic cottg"tiion at the Pitkin Creek interchange'
ALso a heavy ""ttri." zone has been identified so as to
""ttnit a neighborhood gas station' The zoning ordinance
fiii-;";t;-;i;;iiicant'controls over the desisn and use
oi sucr, facilities so as to insure compatability with -*:-"titrg ana proposed develooment in the neighborhood'
MASTER PLANNTIiG
Once annexation has' occured to Town of VaiI will conduct
a master planning Lt"ay similar to that conducted in Vail
tfti" ",r**Lt. th5 purp-ose of the master plan-wi]] be to
i"""t.-p.it< ana t"Lt.Ltion sites, municipal- -facilities
"ii"", bit" .na p"a"=trian path routes' landscaping and-
other environmenial improvernents" The plan will be used
i" " *."r." of .ooi-in.Littg with plivate development the
io"iti"" of public amonities and facil-ities'
RECREATIO}T A}MIITIES FUND
The Town of Vail has established a revenue source that is
used for the impro;;*;;a-;i municipar recreational facilities-
The recreation iee applies to new private-construction within
il;; T;;-oi V-if . The revenue coliected from the recreation
feernustbeexpendedinorneartheneighbcrrhoodfromwhich it was g"rr"ru".dl- -trr" Town will expend the recreation fee
rnonies for such things as purchasing recreation lands'
;;ii;i";-lenni" "o,,ti", ptrks, picnic .areas and pJ-aygrounds'
t
The purpose of the recreation fee is to insure that the
communities recreational resources are in balance with the
dernand created by both the resident and guest in our
rapidly growing communitY.
It is irnportant to note that the Town of Vail administra-
tion is -currently studving p':oposed amendments to the
recreation amonities fee ordinance. The most important
element of this study is the creation of a credit system
for privately constructed recreational facilities' The
purp|s. of tire ciedi't system is to encourage Private develop-
Lrs-to include recreational amonities within their project,
thus lessing the burden on the municipality to provide
facilities. Action on this and other proposed amendments
will occur in the immediate future.
NON-CONFORMII{G USES
It has been the policy of the Town of vail to determine
rfti"fr building --na ittltusive sues do not conform with the
t"rttt" zoning-ordinance. The purpose of identifying non-
"oniotming ui"t is to insure that the publlg safety and
wel-fare ii maintained at the highest possible level' A
n"n-""rtr"rming use or structure is not al-lowed under the -oning ordinaice to become more non-conforming secondly
if a ion-conforming structure is destroyed by fire or
other acts of cod of its value then that structure must
conform to the applicable provisions of the zoning ordinance.
As with any Larv ii it is onerous or opPressive _the owner
of the affect property has redress for rel-ief from the Town
Counci1 or the co-urtsl It has always been the position
oi ttt" rnunicipal government to eval-uate each situation on
its own meritl. Using as its guideline the degree of non-
conformance as it jeopardize the health, safetyr and
welfare of the neighborhood and the community'
Questions have been raised as to the insurability of
non-conforrning structure. Based on contact with several
insurance companies', the Town adrninistration has found
that owner of non-conforming structure do qualify for
adeguate and sufficiant insurance.
It should also be noted that the means by which the proposed
zoning pl-an was prepared minimizes non-conforming uses'
Those that would be most affect would be those structure
that were built in violation of the subdivision covenants.
FURTHER INFOP'IqATION
iffi is available on these or any other
i.f.t"e matter from Kent Roser DianS Toughi1l, or Jim
Lamont at the vail l,runicipal Buildihg. Phone 476-55L3.
Address Box 100 Vail, Co 81557.
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