HomeMy WebLinkAbout1988-11-01 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, NOVEMBER 1, 1988
7:30 p.m.
AGENDA `
1. Ten Year Anniversary Awards to Kurt Oakley and Jim Sanders
2. Approval of Minutes from October 4 and 18, 1988 Meetings
3. Ordinance No. 31, Series of 1988, second reading, an annual appropriation.
ordinance: adopting a budget and financial plan and making appropriations
to pay the costs, expenses, and liabilities of the Town of Vial, Colorado,
for its fiscal year January 1, 1989 through December 31, 1989, and
providing for the levy assessment and collection of Town ad valorem
property taxes due for the 1988 tax year and payable in the 1989 fiscal
year.
4. Ordinance No. 30, Series of 1988, second reading, an ordinance amending
Section 18.32.030 of the Municipal Code of the Town of Vail to include as a
conditional use cemeteries within the Agriculture and open space zone
district.
5. Ordinance No. 32, Series of 1988, first reading, an ordinance amending
Chapter 18.04, Section 18.29.010, and Section 18.29.030 of the Municipal
Code of the Town of Vail to allow micro-breweries as a conditional use in
the arterial business zone district.
6. Ordinance No. 33, Series of 1988, first reading,. an ordinance amending
Section 3.40.150(5); 3.40.130(1); 3.40.130(2); 3.40.170(2); 3.40.120;
3.40.120(6) of the Sales Tax Chapter of the Town of Uail Municipal Code;
and setting forth details in regard thereto.
7. Ordinance No. 34, Series of 1988, first reading, an ordinance adopting the
amended investment policy for the Town of Uail.
8. Resolution No. 39, Series of 1988, a resolution designating Central Bank of
Denver as a depository for the funds of the Town as permitted by the
Charter of the Town, its ordinances, and the statutes of the State of
Colorado.
9. Resolution No. 40, Series of 1988, a resolution opposing proposed Amendment
6 of the Colorado Constitution.
10. Resolution No. 41, Series of 1988, a resolution supporting the Town of
Minturn in retaining funding from the Colorado Department of Highways to
construct improvements to U.S. Highway 24.
11. Appointment to the Local Liquor Licensing Authority Board
CITIZEN PARTICIPATION
12. Adjournment
UAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, NOVEMBER 1, 1988
7:30 p.m.
EXPANDED AGENDA
7:30 1. Ten Year Anniversary Awards to Kurt Oakley and Jim Sanders
7:40 2. Approval of Minutes from October 4 and 18, 1988 Meetings
7:45 3. Ordinance No. 31, Series of 1988, second reading, regarding
Steve Barwick setting the 1989 Town of Vail budget
Action Requested of Council: Approve/deny Ordinance No. 31,
Series of 1988, on second reading.
Background Rationale: Ordinance No. 31 adopts the 1989
budget and financial plan and makes appropriations to pay
the costs, expenses, and 1•iabi,laties of the Town of Vail for
its fiscal year January ~, 1989 through December 31, 1989.
The ordinance also provides for the levy assessment and
collection of Town ad valorem property taxes due for the
1988 tax year and payable in the 1989 fiscal year.
The 1989 budget adopts a new method for funding the Town's
five year street improvement program. Rather than funding
this project through special assessment districts, the Town
plans to increase its mill levy from 5.941 mills to 7.837
mills for the tax years 1988. through 1991.
Staff Recommendation: Approve Ordinance No. 31, Series of
1988, on second reading.
8:10 4. Ordinance No. 30, Series of 1988, second reading, amending
Rick Pylman Agriculture/Open Space Zone District to allow Cemeteries as
a Conditional Use
Action Requested of Council: Approve/deny Ordinance No. 30,
Series of 1988, on second reading.
Background Rationale: The Town of Vail municipal code does
not specifically allow a cemetery use within any of the
existing zone districts. The staff believes the
Agriculture/Open Space District is the appropriate place for
this type of use. This amendment is a necessary step
towards eventual development of a community cemetery. The
PEC voted unanimously to approve the request.
Staff Recommendation: Approve Ordinance No. 30, Series of
1988, on second reading.
8:30 5. Ordinance No. 32, Series of 1988, first reading, amending
Kristan Pritz the Arterial Business Zone District to allow micro-breweries
as a conditional use (Applicant: Vail Ventures, Ltd. and
Glen Lyon Office Building, Inc., a Colorado. partnership)
Action Requested of Council: Approve/deny Ordinance No. 32,
Series of 1988, on first reading.
Background Rationale: On October 24, 1988 the PEC voted to
recommend approval of the request. Amicro-brewery is a
mixed use commercial operation that produces beer and ale.
The maximum brewing capacity is 7,500 barrels per year.
Floor area for the brewery is limited to 8,000 square feet.
The use must also include an on-site public restaurant
and/or bar having a minimum seating area of 2,000 square
feet. The Environmental Impact Report submitted by the
applicant finds that there are no significant adverse
environmental impacts due to the use.
Staff Recommendation: Approve Ordinance No. 32, Series of
1988, on first reading.
9:00 6. Ordinance No. 33, Series of 1988, first reading, amending
Dani Hild sales tax ordinance to reflect sales tax policies
Action Requested of Council: Approve/deny Ordinance No. 33,
Series of 1988, on first reading.
Background Rationale: On October 4, 1988, the Council
decided to accept sales tax returns postmarked on the 20th
as timely filing.
Staff Recommendation: Approve Ordinance No. 33, Series of
1988, on first reading.
9:20 7. Ordinance No. 34, Series of 1988, first reading, regarding
Steve Thompson Proposed Investment Policy
Action Requested of Council: Approve/deny Ordinance No. 34,
Series of 1988, on first weada.ng.
Background Rationale: On September 13, 1988 Finance
presented to the Council recommended changes to the present
investment policy. Enclosed in your packet is the final
draft of the policy.
Staff Recommendation: Approve Ordinance No. 34, Series of
1988, on first reading.
9:30 8. Resolution No. 39, Series of 1988, approving opening a Super
Steve Thompson NOW Account with Central Bank of Denver
Action Requested of Council: Approve/deny Resolution No.
39, Series of 1988.
Background Rationale: Central Bank of Denver's Trust
Department safekeeps all our book entry securities. We need
this account to move wire transfers to Central Bank and to
have interest payments deposited into this account.
Staff Recommendation: Approve Resolution No. 39, Series of
1988.
9:40 9. Resolution No. 40, Series of 1988, opposing Amendment 6
Action Requested of Council: Approve/deny Resolution No.
40, Series of 1988.
Background Rationale: The Council expressed a desire to
adopt a resolution opposing Amendment 6.
Staff Recommendation: Approve Resolution No. 40, Series of
1988.
9:50 10. Resolution No. 41, Series of 1988, supporting Minturn's
Stan Berryman continued funding from the Dept. of Highways for
improvements to Highway 24
~r i ,_
~~ Action Requested of Council: Approve/deny Resolution No.
'~'~,,~~" 41, Series of 1988.
~ ~,`~ ~ ~ ~~%~ Background Rationale: Improvements (widening and
~' (~~ realignment) to U.S. Highway 24 from Minturn to Dowd
tiw~`~~ Junction is currently included in the State of Colorado
~ ~~„-~ Highway Commission's five year improvement program. The
~ Mayor of the Town of Minturn has asked for the Town of Vail
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to support this project in resolution form to take to the
Highway Commission's annual hearing in Grand Junction.
Staff Recommendation: Approve Resolution No. 41, Series of
1988.
10:00 11. Appointment to the Local Liquor Licensing Authority .Board
Pam Brandmeyer
Action Requested of Council: Appoint one member to the
Board.
Background Rationale: Lynn Fritzlen resigned following the
September 14th meeting, due to conflicts in scheduling with
her position at the Town of Avon. The Liquor Authority is
composed of five members, appointed for two-year terms..
Staff Recommendation: Appoint one applicant for a two year
term.
CITIZEN PARTICIPATION
10:20 12. Adjournment
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MINUTES
VAIL TOWN COUNCIL MEETING
OCTOBER 4, 1988
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, October 4, 1988, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT:
Kent Rose, Mayor
John Slevin, Mayor Pro Tem
Eric Affeldt
Merv Lapin
Gordon Pierce
Tom Steinberg
Gail Wahrlich-Lowenthal
Ron Phillips, Town. Manager
Larry Eskwith, Town Attorney
Mayor Rose stated there was an item further down th_e._agenda to discuss changing the
ordinance regarding changing the due date for sales tax. He commented if anyone was
interested in speaking briefly on this item, to please do so then; the Council would
be changing the ordinance shortly. Colleen McCarthy, owner of the Baggage Claim,
stated she had circulated a petition to change the sales tax due date, give the
petition to Mayor Rose, and thanked Council for their fast action. Mike Cacioppo
asked about penalties charged for late payments currently; Steve Barwick responded
the funds would be returned.
The next order of business was the approval of the minutes from the September 6 and
20, 1988 meetings. John Slevin questioned the second paragraph on the second page
of the September 20 minutes, in that he thought Council had asked staff to work on
the ordinance allowing the 250 square feet to total remodels and for small additions
to existing residences; Mayor Rose agreed. Merv Lapin made a motion to approve the
minutes with the included correction, and Tom Steinberg seconded. A vote was taken
and the motion passed unanimously 6-0.
The third order of business was an information update on the proposed new Main Vail
Post Office. Kristan Pritz gave brief background information on the proposal.
Danny Swertfeger of Briner/Scott Architects explained how they arrived at the design
and size of the building, and the challenge of the location. Kristan reviewed the
zoning of the location. Staff felt the architects had done a good job, but had some
concerns which she reviewed. She stated when the project was presented to the
Planning and Environmental Commission, staff's four main concerns were: 1) adequate
rockfall mitigation; 2) a retail facility in the Core area(s); 3) a bus stop
adjacent to the facility; and 4) additional landscaping and berming. The Planning
Commission's primary concerns were: 1) a retail facility in the Core area; 2) a bus
stop adjacent to the facility; and 3) irrigation and additional landscaping. Dennis
Grooms of the U.S. Postal Service responded to the concerns and stated their views
on the bus stop, irrigation, the vinyl coated fence, and retaining wall. Eric
Affeldt questioned why there was no provision for a satellite office in the Core
area(s); Ernie Chavez, Vail's Postmaster, responded their main concern now was to
build the facility which would cost approximately $4 million and wait and assess the
need for a satellite office once they were in the new building. Mike Cacioppo asked
if the Town offered some space next to Rick's Streetside Diner in the Lionshead
Parking Structure, would they be able to reduce the size of the building and spend
more money on a satellite location; Ernie said they would look at it, but could not
promise anything at this time. Tom Steinberg commented not having the satellite
office would encourage their competition. John Slevin asked how many people stop in
for stamps, etc. Ernie stated about 15 percent, with five percent of that being
tourists. Mayor Rose and Ernie Chavez discussed parking, the bus stop and snow
storage. Ron Phillips commented on contract stations with existing businesses.
Dennis Grooms remarked the Postal Service was concerned as much as the Council was,
and they would take action if they began losing customers. Lou Meskiman questioned
a pedestrian access from Valli Hi and the Red Sandstone area and that the Postal
Service would cause problems for temporary help. Dennis responded with the Postal
Service's problems and concerns. Peter Jamar commented on his concerns. Peggy
Osterfoss remarked she would like a satellite office this winter, not later. Bill
Fleischer commented on why he was in favor of the new location, and that private
enterprise would take up the slack. Diana Donovan was concerned over safety issues.
Kristan Pritz asked about moving the bike path a few feet for safety reasons, which
Dennis agreed they would look into. Ella Knox asked about adding on to the current
facility, to which Ernie responded. It was noted that. there was no official action
to be taken by Council, just a summary of their ideas and concerns for informational
purposes. Mayor Rose felt the Council would like to see 1) a bus stop., 2) a
satellite office first and foremost, and he felt it was a good idea for the Town to
work with the Postal Service on available space, and 3) pedestrian access. Ernie
Chavez stated they would work with Kristan Pritz and the architects on the bus
stop.
The next topic discussed was the Born Free Express Quad Chair Lift sign variance
request. Rick Pylman explained that Vail Associates was building a new chair lift
to replace Chair 8 and this request was very similar to that used for signage for
the Vista Bahn. He cited the requested signage and noted staff's recommendation was
for approval. He then reviewed the. criteria used in evaluating the request. Joe
Macy, of Vail Associates, stated he concurred with the staff recommendation; the
signage fitted well and looked good; and he hoped the Council would approve the 16
inch letters, not the 14 inch suggested by the Design Review Board. After a short
discussion, Mayor Rose made a motion to approve Vail Associate's request for the 16
inch letters, per the following findings of fact:
A. There are special circumstances or conditions applying to the land,
buildings, topography, vegetation, sign structures or other matters on adjacent lots
or within the adjacent right-of-way which would substantially restrict the
effectiveness of the sign in question; provided, however, that such special
circumstances or conditions are unique to the particular business or enterprises to
which the applicant desires to draw attention and do not apply generally to all
businesses or enterprises.
B. That special circumstances were not created by the applicant or anyone in
privy to the applicant.
C. That the granting of the variance will be in general harmony with the
purpose of this title, will not be materially detrimental to the persons residing or
working in the vicinity, to adjacent property, to the neighborhood, or to the public
welfare in general.
D. The variance applied for does not depart from the provisions of this title
any more than is required to identify the applicant's business or use.
John Slevin seconded the motion. A vote was taken and the motion passed unanimously
6-0.
The next order of business was the Raintree Inn sign variance request. Rick Pylman
explained the Raintree Inn wanted to amend the existing signage on the hotel, that
they were no longer affiliated with Best Western, and had removed the Best Western
signage. He stated staff's recommendation was for approval because these changes
had actually lowered the amount of the variance request approved in 1985, and
the technical aspect of the variance had not changed. Rick then reviewed the
findings and staff responses. He commented staff felt. this application did not
amend the height or size, but changed the design. The Design Review Board voted to
deny the request based on two sections of the sign code. Rick then answered
questions of Council. B. J. Gibson, owner of the Raintree Inn, commented he wanted
to make the sign more visible, and had had complaints that guests could not find the
place. He then answered questions of Council. Larry Eskwith remarked if the
Council wanted to deny the variance after they had granted one before in 1985, they
would have to be based on paragraph C, that the granting of the variance would not
be in general harmony with the area. If Council moved to approve the variance, they
would have to find criteria in Section 16.360.70 of the Municipal Code. After some
discussion by Council, Eric Affeldt made a motion to approve the sign variance per
the criteria in Section 16.360.70 of the Vail Municipal Code. John Slevin seconded
the motion. Mike Cacioppo explained he would have to abstain because of a conflict
of interest. Ron Phillips explained why the sign code had not yet been revised for
West Vail, and it had been budgeted for 1989 to review and revise the sign code.
Diana Donovan remarked on her concerns, to which Mayor Rose responded. A vote was
taken and the motion passed 3-2-1, with Merv Lapin and Tom Steinberg opposing, and
Mike Cacioppo abstaining.
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Under Citizen Participation, Bill Fleischer of Vail Run Resort commented he had had
several comments from guests that there were not enough park benches in the uptown
area, and requested more outdoor seating outside of Rick's Streetside Diner and the
Lionshead parking structure. He also requested that Vail Run be included in the bus
system long range plans. They provide their own shuttle because they are on the
bus system, but they are the last stop and the buses were usually full by the time
they stopped there. Diana Donovan mentioned to check on the paving in front of Ski
Club Vail and bus stop there; the drainage was bad and a large puddle was there
consistently. Mayor Rose commented the culverts were also gone. Tom Steinberg
asked that the culverts at the west end of the soccer fields be checked on, because
they had been crushed down and filled up. Ron Phillips replied staff would check
into these problems. At this time, Kristan Pritz asked Council if they would like
to meet with the Planning and Environmental Commission to discuss the 250 square
foot ordinance. Council decided it would be a good idea to schedule the meeting
shortly after the budget meetings. Ron Phillips reported the Town Marketing
Committee would be holding a public meeting next Tuesday evening at the Westin Hotel
at 7:00 p.m. to show the public what they had developed for marketing funds. He
also commented he and Mike Cacioppo had attended a reception by Greyhound where it
was announced Greyhound would be providing extra service from Denver Stapleton to
Vail and Beaver Creek, and they had reached a final agreement to be the bus carrier
sponsor for the World Alpine Ski Championships. Merv Lapin mentioned Mike Cacioppo
had an interest in the TU Translator Committee, and suggested Mike take his seat on
the committee because of Mike's background and interest. Mike replied he would take
over for Merv. Lastly, Lou Meskiman complimented the Town for putting a pedestrian
walkway from the Covered Bridge to Ford Park.
There being no further business, the meeting was adjourned at 9:35 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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MINUTES
UAIL TOWN COUNCIL MEETING
OCTOBER 18, 1988
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, October 18, 1988, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
John Slevin, Mayor Pro Tem
' Eric Affeldt
Michael Cacioppo
Merv Lapin
Gail Wahrlich-Lowenthal
MEMBERS ABSENT: Tom Steinberg
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first order of business was Ordinance No. 31, .,Series of 1988, first reading,
setting the 1989 Town of Vail budget. Mayor Rose read the full title of the
ordinance and gave brief background information of the budget process. Steve
Barwick reviewed the general budget figures and funds and explained each of what
they were for and how the dollar figures were arrived at. He then explained what
the expected revenues and expenditures would be and where they would come from. He
ran through what was happening with all the funds, what was planned, and why. There
was then discussion regarding cloud seeding. Mayor Rose stated the Council had
requested more information on the subject, and therefore, Professor Lou Grant,
Professor of Atmospheric Science at Colorado State University, who was also a
consultant to the Colorado Legislature on the long term effects of cloud seeding,
was asked to appear. Professor Grant read a summary statement of experiment results
that cloud seeding represented negligible environmental hazards. He stated the most
comprehensive studies done were conducted in the Rocky Mountain area. He explained
how silver iodide is used and how small the quantities are that are used annually.
He then answered questions of the public. Afterwards, Council gave their opinions
of approval/denial on the item being included in the budget. All commented on their
approval, with the exception of Mike Cacioppo opposing. Next, there was discussion
concerning a Bravo! Colorado donation. Brad Quayle explained what Bravo! Colorado
was, that it was formed to take advantage of performing arts in the Vail Valley and
was to be community funded. He also explained their goals. Harry Frampton
expressed his pleasure with Bravo! and why the Town should support it. Rob Levine,
Chairman of the Vail Resort Association and Manager of the Antlers, echoed Harry's
sentiments and felt it was very worthwhile. Peter Barber of the Westin Hotel,
commented it was good to see a cultural balance in the community. Cynthia Steitz
questioned if the Town of Avon contributed, to which Brad responded not yet, but
they hope so. Al Weiss stated he thought the concerts were not well attended,
handicapped people were not able to get down there, and the problem with parking was..
the reason. Ann Sansbury, Secretary to the Board of Bravo! Colorado, responded
that people just needed to be educated, and they were working on it. John Fisher
commented he had problems with Bravo!, that they were not responsive to the market,
and that out of eleven concerts set up, six were held at Beaver Creek. Bill Clayton
gave reasons why he was for the funding of Bravo!, to which Rob Schilling agreed.
Lou Meskiman asked that future concerts be set so attendees could reserve early or
late restaurant sittings. Colleen McCarthy stated she supported Bravo! Mayor Rose
read a letter from Lisa Rogers, who was not able to attend the meeting, in which she
wrote she was not pleading for funds for Bravo!, but if the taxpayer should/should
not support the arts in the Vail Valley, she thinks it should be looked at in a
larger scope, and believed the Council could use a committee to look at the broader
scope. At this time, Council gave their opinions on whether the $25,000 donation to
Bravo! Colorado should be included in the budget. All commented on their approval,
with the exception of Mike Cacioppo opposing. Property tax increase for street
improvements was discussed next. Mayor Rose gave brief background information on
the reasoning for this. Stan Berryman explained where the Town is in the street
program and how they got to this point. He then gave a slide presentation of before
and after streets. Steve Barwick explained some financial aspects of the project.
Moni Beal asked questions of Steve, to which he responded. Ralph Davis asked what
would happen if the project took ten years instead of five, to which Mayor Rose
responded. Al Weiss commented the roads were bad, and that Stan was doing a good
job. Mike Cacioppo spoke out that the public needed to voice their concerns to give
the Council direction, and reviewed the problems he had with the budget. Hermann
Staufer thanked the Council for supporting Bravo! Colorado and cloud seeding, he had
seen lots of improvements, but wanted to convince the Council not to raise the mill
levy and gave his reasons why. Chris Neuswanger aired his grievances about the
project. Susan Hertzog commented that savings could be made. Al Weiss remarked why
he felt the Town could pay for the improvements without raising the mill levy by
using the money held in reserve. Merv Lapin responded why this could not be done.
Neal Donaldson felt money could be taken from the staff, not from the taxpayers.
After some discussion by the Council and the public, Hermann Staufer stated he felt
the program could be spread out two to three years. Colleen McCarthy agreed with
Hermann, commenting the largest percentage would be paid from businesses in the Core
area, to which John Slevin responded the largest percentage would be paid by the
hotels, lodges and high-rises, usually second homeowners. Rob Levine felt he would
rather raise taxes than have any service decreases, that he had faith in the staff
and Council that there is not any $500,000 fat. in the budget, and felt there would
be a cut in service if taxes were not raised. Rod Slifer mentioned that Town of
Vail taxes were quite low of the total real estate-tax: everyone pays, and that this
was the way to go because the streets need to be fixed. Cindy Jacobson aired her
problems with the program and raising taxes, to which Mike Cacioppo responded. At
this time, Council gave their opinions on whether the property tax increase for
street improvements should be included in the budget. Mayor Rose, Eric Affeldt,
John Slevin and Gail Wahrlich-Lowenthal commented on their approval, with Mike
Cacioppo and Merv Lapin opposing. Eric stated his displeasure over such small
public input in the budget process for the third year in a row, which is the most
important item the Council tackles. Council members each expressed their general
comments regarding the budget. Eric Affeldt made a motion to approve Ordinance No.
31 on first reading, which John Slevin seconded. A vote was taken and the motion
passed 4-2, with Merv Lapin and Mike Cacioppo opposing.
The next item on the agenda was Ordinance No. 30, Series of 1988, first reading,
amending agriculture/open space zone district to allow cemeteries as a conditional
use. The full title was read by Mayor Rose. Rick Pylman gave background
information on the topic, reviewed the criteria used in evaluating the use for the
zone district, and explained staff felt all criteria were met. He also commented
the Planning and Environmental Commission reviewed the request and voted unanimously
to approve it. Al Weiss stated his concerns of using open space for a cemetery,
that it would be a violation of the real estate transfer tax fund ordinance, and
that the Minturn cemetery had an additional five acres of land for this use, to
which Mayor Rose responded. After some discussion by Council and the public, Judy
Sibley aired her concerns and problems with placing a cemetery near them. After
some discussion, Merv Lapin added Jerry Sibley to the Cemetery Committee. Rick
Pylman noted that Gordon Pierce had been the appointed Council member on the
committee and a replacement was needed. It was decided that John Slevin would be
the replacement. Cindy Jacobson stated her problems with the ordinance, to which
Ella Knox agreed. Eric Affeldt made a motion to approve the ordinance on first
reading and John Slevin seconded. After a short discussion by Council, Eric added
the deletion of Item G to his motion. A vote was then taken and the motion passed
5-1, with Mike Cacioppo opposing. John asked Larry Eskwith to check into the real
estate transfer tax question posed by Al Weiss. Peter Patten apologized for any
mix-up with Jerry Sibley receiving notification of any cemetery meetings, and was
looking forward to working with him and John on the committee.
The third item was Resolution No. 38, Series of 1988, allowing the Town to rent a
safe deposit box at FirstBank of Vail. Merv Lapin made a motion to approve the
resolution, and Mike Cacioppo seconded. After a brief discussion by Council, a vote
was taken and the motion passed unanimously 6-O.
There was no Citizen Participation.
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There being no further business, the meeting was adjourned at 11:50 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Brenda Chesman
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ORDINANCE N0. 31
Series of 1988
ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET
AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY
THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF
VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 1989
THROUGH DECEMBER 31, 1989, AND PROVIDING FOR THE LEVY
ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY
TAXES DUE FOR THE 1988 TAX YEAR AND PAYABLE IN THE
1989 FISCAL YEAR.
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail,
Colorado, the Town Manager prepared and submitted to the Town Council a proposed
long-range capital program for the Town and a proposed budget and financial plan
for all Town funds and activities for the 1989 fiscal year; and
WHEREAS, notice of public hearing on the proposed_Town budget and capital
program was published on the 7th day of October, 1988, more than seven days prior
to the hearing held on the 18th day of October, 1988 pursuant to Section 9.5 of the
Charter; and
WHEREAS, it is necessary for the Town Council to adopt a budget and financial
plan for the 1989 fiscal year, to make appropriations for the amounts specified in
the budget, and to provide for the levy, assessment and collection of Town ad
valorem property taxes due for the 1988 year and payable in the 1989 fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the Town of
Vail, Colorado, for the enactment hereof have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 1989, and ending on the 31st day of
December, 1989:
FUND AMOUNT
General Fund $11,329,474
Capital Projects Fund 4,999,228
Conservation Trust Fund 9,000
Real Estate Transfer Tax 1,439,019
Heavy Equipment Fund 1,216,340
Computer Project Fund 240,000
Debt Service Fund 3,606,847
Special Parking Assessment Fund 250,000
Health Insurance Fund 582,000
Lionshead Mall Assessment District 92,500
West Vail Assessment District 13,000
Total: $23,777,408
Less Interfund Transfers: < 5,545,847>
Total Budget $18,231,561
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3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 1989 fiscal year for the Town of Vail, Colorado, which are
incorporated by reference herein and made part hereof, and copies of said public
records shall be made available to the public in the Municipal Building of the
Town.
4. For the purpose of defraying part of the operating and capital expenses of
the Town of Vail, Colorado during its 1988 fiscal year, the Town Council hereby
levies a property tax of 7.837 mills upon each dollar of the total assessed
valuation of $294,956,850 for the 1988 tax year of all taxable property within the
Town, which will result in a gross tax levy of $2,311,577 said assessment shall be
duly made by the County of Eagle, State of Colorado, and directs Revised Statutes
(1973 as amended) and as otherwise required by law.
5. This Ordinance shall take effect five days after publication following the
final passage hereof.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL
THIS 18th day of October 1988, and a public hearing on this Ordinance shall
be held at a regular meeting for the Town Council of the Town of Vail, Colorado, on
the 18th day of October 1988 at 7:30 p.m. in the Council Chambers of the
Vail Municipal Building, Vail, Colorado.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Kent R. Rose, Mayor
INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED
this day of
1987.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Kent R. Rose, Mayor
-2-
~ ~
ORDINANCE NO. 30
Series cf 1988
AN ORDINANCE REPEALING AND RE-ENACTING
SECTION 18.32.030 G OF THE MUNICIPAL
CODE OF THE TOWN OF VAIL TO ELIMINATE
POULTRY AND LIVESTOCK AS A CONDITIONAL
USE AND TO ADD CEMETERIES AS A
CONDITIONAL USE IN THE AGRICULTURAL
AND OPEN SPACE ZONE DISTRICT.
_ WHEREAS, the Town of Vai]. has summited an application to amend
section 18.32.030 of the Municipal Code of the Town of Vail;
and
WHEREAS, the Town Council of the Town of Vail has indicated a
desire to establish a cemetery within=the<Town of Vail; and
WHEREAS, the Town Council no longer feels keeping of poultry
and livestock to be a desirable use in the Agricultural and
Open Space District; and
WHEREAS, cemetery uses are consistent with the intent of the
conditional uses under Section 18.32.030 of the Agricultural
and Open Space District to permit certain uses on a property
while maintaining substantial open space within the site; and
WHEREAS, under a conditional use permit process a cemetery use
would receive a detailed review to insure the use's
compatibility with surrounding uses and its effect upon the
area; and
WHEREAS, the Planning and Environmental Commission has
unanimously recommended approval of this amendment to the Town
Council; and
WHEREAS, such amendment must be approved by the Town Council of
the Town of Vail; and
WHEREAS, the Town Council considers it as reasonable,
appropriate and beneficial to the Town, its citizens and
inhabitants and visitors to amend Section 18.32.030.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT;
Section 1.
Section 18.32.030 paragraph G is hereby repealed and re-enacted
to read as follows:
G. Cemeteries
Section 2.
If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining
portions of this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that
~~
any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 3.
The Town Council hereby finds, determines and declares that
this ordinance is necessary and proper for the health, safety
and welfare of the Town of Vail and the inhabitants thereof.
Section 4.
The repeal or the repeal and reenactment of any provisions of
the Vail Municipal as provided in this ordinance shall not
affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision repealed and
reenacted. The repeal of any provision hereby shall not revive
any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS DAY OF
1986, and a public hearing shall be held on this
ordinance on the day of , 1988 at in
the Council Chambers of the Vail Municipal Building in Vail,
Colorado.
Ordered published in full this day of , 1988•
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 1988.
.>. . .
' Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
ORDINANCE NO. 32
Series of 1988
AN ORDINANCE AMENDING CHAPTER 18.04,
SECTION 18.29.010, AND SECTION 18.29.030
OF THE MUNICIPAL CODE OF THE TOWN OF VAIL
TO ALLOW MICRO-BREWERIES AS A CONDITIONAL USE
IN THE ARTERIAL BUSINESS ZONE DISTRICT.
WHEREAS, Vail Ventures, Ltd. and Glen Lyon Office Building,
Incorporated, a Colorado Partnership have submitted an application to
amend Chapter 18.04, Definitions, and Section 18.29.010 and Section
18.29.030 of the Arterial Business Zone District in the Municipal
Code of the Town of Vail; and
WHEREAS, the amendment provides for a micro-brewery to be
considered as a conditional use; and
WHEREAS, the micro-brewery use does not have any significant
environmental impacts; and
WHEREAS, the micro-brewery use is considered to be a compatible
limited light industrial use that provides significant on-site
tourist amenities such as a restaurant/bar, museum, retail shop, and
brewery tours; and
WHEREAS, the micro-brewery use is compatible with business and
office uses presently allowed in the Arterial Business Zone District;
and
WHEREAS, the Planning and Environmental Commission has
recommended approval of this. amendment to the Town Council; and
WHEREAS, such amendment must be approved by the Town Council of
the Town of Vail; and
WHEREAS, the Vail Town Council considers that it is reasonable,
appropriate, and beneficial to the Town and its citizens,
inhabitants, and visitors to amend Sections 18.04, 18.29.010, and
18.29.030 of the Town of Vail Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, AS FOLLOWS:
Section 1. Chapter 18.04 is hereby amended by the addition of
Section 18.04.253 to read as follows:
18.04.253 MICRO-BREWERY
A MIXED USED COMMERCIAL OPERATION THAT PROCESSES WATER,
MALT, HOPS,. AND YEAST INTO BEER OR ALE BY MASHING, COOKING,
AND FERMENTING THAT SHALL ALSO INCLUDE AN ON-SITE PUBLIC
RESTAURANT AND/OR BAR WHICH SELLS THE BEER AND ALE PRODUCED
ON SITE. THE MAXIMUM BREWING CAPACITY FOR THE MICRO-
BREWERY SHALL BE 7,500 BARRELS PER YEAR. A BARREL IS
EQUIVALENT TO 31 GALLONS. THE MICRO-BREWERY USE SHALL NOT
EXCEED 8,000 SQUARE FEET OF FLOOR AREA, EXCLUDING ENCLOSED
AREAS FOR LOADING, TRASH, AND DELIVERY. THE PUBLIC
RESTAURANT AND/OR BAR SHALL HAVE A MINIMUM SEATING AREA OF
2,000 SQUARE FEET AND SHALL BE EXCLUDED_FROM THE TOTAL
MICRO-BREWERY MAXIMUM SQUARE FOOTAGE LIMIT.
Section 2. Section 18.29.010, Purpose of the Arterial Business
District is hereby amended to read as follows:
The Arterial Business District is intended to provide sites
for office space, public utilities, service stations,
LIMITED LIGHT INDUSTRY HAVING NO ADVERSE ENVIRONMENTAL
IMPACTS THAT PROVIDES SIGNIFICANT ON-SITE TOURIST AMENITIES
and limited shopping and commercial facilities serving the
Town and Upper Eagle Valley residents and guests. Multiple
family dwellings for use as employee housing will be
appropriate under specific circumstances. Arterial
Business District is intended to ensure adequate light,
air, open space, and other amenities appropriate to
permitted and conditional types of buildings and uses, and
to maintain a convenient (limited) shopping, business,
service, and residential environment.
Section 3.
Section 18.29.030, Conditional Uses A is hereby amended
to read as follows:
A. The following conditional uses shall be permitted in
the Arterial Business District, subject to the
issuance of a conditional use permit in accordance
with the provisions of Chapter 18.60:
Public buildings, grounds and facilities
Public parks and recreation facilities
Any use permitted by Section 18.29.020 which is not
conducted entirely within a building
Service yards
Public utility and public service uses, including
screened outside storage
Multi-family dwellings for the .employees of the Upper
Eagle Valley as further restricted by Section
18.27.130 of this zone district.
MICRO-BREWERY '
Section 4.
If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 5.
The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare
of the Town of Vail and the inhabitants thereof.
Section 6.
The repeal or the repeal and reenactment of any provisions of the
Vail Municipal Code as provided in this ordinance shall not affect
any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or
by virtue of the provision repealed or repealed and reenacted. The
repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated
herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS day of
1988, and a public hearing shall be held on this
ordinance on the day of , 1988 at 7:30 p.m. in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordered published in full this day of , 1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of
1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
TO: Town Council
FROM: Community Development Department
DATE: November 1, 1988
SUBJ: An ordinance to amend the Arterial Business Zone
District to allow micro-breweries as a conditional
use.
Applicant: Vail Ventures, Ltd. and Glen Lyon Office
Building, Inc., a Colorado Partnership
PEC Decision: Approval
On October 24, 1988, the Planning and Environmental Commission
reviewed the request to amend the Arterial Business district to
allow micro-breweries as a conditional use. The Purpose and
Conditional Use Sections of the Arterial Business zone
district, as well as the definition section, for the Town of
Vail Municipal Zoning Code must be amended to allow for the
use.
The Planning Commission voted for approval of the request with
the condition that the staff reword the amendment to the
Purpose Section to emphasize that the light industry must be
clearly associated with tourist-related activities. Jim Viele
abstained from voting on the request due to his involvement
with the Glen Lyon Office Building.
PEC Comments
The commissioners made the following comments about the
request:
Peggy Osterfoss questioned whether you could really determine
when an inversion occurred. Kent Rose, engineer for the
project, stated that you could not really determine when an
inversion would occur. This question was raised due to the
fact that the Environmental Impact Report states that "with a
boiler stack designed as an architectural element of the
building at a height of surrounding ridge lines and care not to
begin a brewing process during an identified temperature
inversion, emissions from the brewery should qo undetected."
(Environmental Impact Report, Jamar Associates & RBD Engineers,
page 36.)
Diana Donovan questioned whether or not the sewer system would
overload due to the waste water discharge from the brewery.
She was particularly concerned about peak use periods during
the winter. Kent Rose stated that the waste water is actually
being discharged below the Upper Eagle Valley Water and
Sanitation District plant on Forest Road. The waste water
discharge from the micro-brewery will have no impact on the
waste water capacity for the sanitation plant on Forest Road.
He stated that Avon has the capacity to handle this waste
water.
Diana also mentioned that loading and delivery is a concern,
but she felt that it would need to be looked at closely during
the conditional use review for a micro-brewery.
Sid Schultz questioned whether or not the public service yard
use should be taken out of the Arterial Business zone
district.
Pam Hopkins stated that she felt that parking needed to be
looked at closely for this type of use.
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 24, 1988
SUBJECT: A request for an amendment to the Arterial Business
zone district to allow micro-breweries as a
conditional use.
Applicant: Vail Ventures, Ltd. & Glen Lyon Office
Building, Inc., a Colorado Partnership.
I. RE UEST
Vail Ventures, Ltd., and Glen Lyon Office Building, Inc. are.
requesting to amend the Arterial Business zone district,
Section 18.29 of the Town of Vail Municipal Code, to allow
micro-breweries as a conditional use. Two sections of the
Arterial Business zone district are proposed to be amended.
The definition of a micro-brewery shall be added to the Town of
Vail Municipal Code's Definition Section as 18.04.253. (The
proposed amendments are typed in all capitals);
Arterial Business Zone District
Section 18.29.010 Purpose
The Arterial Business District is intended to provide
sites for office space, public utilities, service
stations, TOURIST RELATED LIGHT INDUSTRY, and limited
shopping and commercial facilities serving the Town
and Upper Eagle Valley residents and guests.
Multiple family dwelling for use as employee housing
will be appropriate under specific circumstances.
Arterial Business District is intended to insure
adequate light, air, open space, and other amenities
appropriate to permitted and conditional types of
buildings and uses, and to maintain a convenient
(limited) shopping, business, service, and
residential environment.
Arterial Business Zone District
Section 18.29.030 Conditional Uses A.
A. The following conditional uses shall be
permitted in the arterial business district,
subject to the issuance of a conditional use
permit in accordance with the provisions of
Chapter 18.60:
- 1 -
Public buildings, grounds and facilities
Public park and recreation facilities
Any use permitted by Section 18.29.020 which is
not conducted entirely within a building
Service yards
Public utility and public service uses,
including screened outside storage
Multi-family dwellings for the employees of the
Upper Eagle Valley as further restricted by
Section 18.27.130 of this zone district.
MICRO-BREWERY
Definitions
Section 18.04.253
MICRO-BREWERY
A MIXED-USE COMMERCIAL OPERATION THAT PROCESSES
WATER, MALT, HOPS, AND YEAST INTO BEER OR ALE BY
MASHING, COOKING, AND FERMENTING THAT SHALL ALSO
INCLUDE AN ON-SITE PUBLIC RESTAURANT AND/OR BAR WHICH
SELLS THE BEER PRODUCTS. THE MAXIMUM BREWING
CAPACITY FOR THE MICRO-BREWERY SHALL BE 7,500 BARRELS
PER YEAR. A BARREL IS EQUIVALENT TO 31 GALLONS. THE
MICRO-BREWERY USE SHALL NOT EXCEED 8,000 SQUARE FEET
OF FLOOR AREA, EXCLUDING ENCLOSED AREAS FOR LOADING,
TRASH, AND DELIVERY. THE PUBLIC RESTAURANT AND/OR
BAR SHALL HAVE A MINIMUM SEATING AREA OF 2,000 SQUARE
FEET AND SHALL BE EXCLUDED FROM THE TOTAL MICRO-
BREWERY MAXIMUM SQUARE FOOTAGE LIMIT.
II. BACKGROUND ON THE PURPOSE OF THE ARTERIAL BUSINESS
DISTRICT
The Arterial Business district was created in June of 1982.
The Arterial Business district zoning was applied to the seven
properties listed below:
Property
Vail Associates
Holy Cross
Texaco
Voliter
Approximate Site Area
139,392 square feet
60,934 square feet
39,204 square feet
43,560 square feet
- 2 -
Glen Lyon 74,052 square feet
Chevron 39,204 square feet
Town of Vail 43,560 square feet
All of the properties that were rezoned to the Arterial
Business district in 1982 had had heavy service zoning except
for the Glen Lyon Office property. The Heavy Service zone
district is intended to provided sites for:
"automotive-oriented .uses
which are not appropriate
Because of the nature of t
operating characteristics,
generating automotive and
heavy service district are
permit procedure." (Town
and for commercial service uses
in other commercial districts.
he uses permitted and their
appearance, and potential for
truck traffic, all uses in the
subject to the conditional use
of Vail Code Section 18.30.010)
As an example, some of the conditional uses that are allowed in
the Heavy Service district include automotive service stations,
machine shops, trucking terminals and truck service stations,
warehouses, woodworking and cabinets shops, building materials
supply stores, and commercial laundry and cleaning services.
After reviewing previous staff memos and the ordinance for the
new Arterial Business district, it is evident that the ABD
zoning was created to provide an incentive to upgrade that
portion of Vail from the Vail Associates service yard to the
Glen Lyon Office Building. This area was considered to be a
major entry way for both Lionshead and Cascade Village. The
new ABD zoning was proposed in order to allow for a transition
zone between Lionshead and Cascade Village. Ordinance No. 5,
establishing the ABD zone, states
"because the character of the general area has
changed to make it more appropriate for business and
office uses rather than heavy service uses, the Town
Council is of the opinion that it would benefit the
general welfare and public interest to establish a new
arterial business district."
Traffic congestion was a primary concern during the discussion
of the new zone district. A circulation and access plan for
the ABD area was required in order to alleviate traffic
congestion. Also, many of the heavy service uses which
generated high traffic counts were eliminated.
- 3 -
III. BACKGROUND ON MICRO-BREWERIES
The staff has completed research on micro-breweries to gain a
better understanding of how the use functions and the impacts
associated with such a use. The staff looked at the Boulder
Brewery, a brewpub ordinance in Denver, and also talked with
planners in Seattle. The following summary outlines the
information gained from this research.
A. Boulder Brewery
The staff visited the Boulder Brewery. In general, micro-
breweries are considered to be breweries that have a maximum
capacity of 20,000 barrels per year. A barrel is equivalent to
31 gallons. The Boulder Brewery is considered to be a micro-
brewery as its capacity is 10,000 barrels per year. The
building is approximately 16,000 square feet with the ability
to expand. 46 parking spaces are provided. The micro-brewery
also includes a small restaurant of approximately 1,000 square
feet. The brewery requires 30 full-time employees. The beer
is distributed throughout the country. Most of the beer is
bottled as opposed to kegged. This information was given to us
by Mr. Joe Sanchez, who was the developer, and who is now the
Chief Executive Officer for the Boulder Brewery.
In respect to zoning, the staff talked with Mr. John Fernandez
from the City of Boulder Planning Office. The brewery was
developed by right as the site is located in an industrial zone
district. The surrounding uses are primarily office and light
manufacturing. The project was considered to be a use that
could draw tourists to Boulder. The only Planning Commission
review that was required concerned a height variance for the
structure. Covenants were used to address parking. The site
had planned unit development (PUD) requirements for
landscaping, access, etc. The PUD requirements are similar to
our special development district requirements.
John Fernandez stated that the primary issue with the project
was the restaurant associated with the brewery. In the
industrial zone district, restaurants are limited to serve the
immediate area. Their was a concern that the restaurant might
draw too many people outside the immediate business area. John
Fernandez considered the project positive. Not only has the
brewery become a tourist attraction, it has also provided a
high number of manufacturing/processing jobs in Boulder. He
stated that so far there have been no complaints about the
brewery.
Staff also contacted Mr. Frank Gray, who was the Planning
Director, at the time the brewery was approved. He considered
- 4 -
the use to be "fairly innocuous". He stated that the two
biggest concerns he would have in reviewing a micro-brewery
would be the amount of truck traffic and loading associated
with the use as well as the tasting room capacity. He felt
that the tasting rooms can become a big draw for visitors and
that parking should be looked at closely given the numbers of
potential visitors.
The Health Department was also contacted in Boulder. They
stated that they had not received any complaints about the
micro-brewery that they could recall.
B. Denver Brewpub
Denver has recently written a new ordinance allowing brewpubs.
There is no limit on brewing capacity. However, no more than
30% of the product may be sold off the premises. Twenty
percent of the gross floor area of the operation can be devoted
to the brewing area. The intent of the wording was to insure
that the use operated primarily as a "an eating place."
The brewpubs are allowed as a permitted use in the districts
below: (Denver Ordinance No. 542 Series of 1988)
1. Central Business District. "Permits business/office
and light industrial uses, along with residential and
educational uses. ."
2. Business Restoration Zone. "This district is
intended to preserve and improve older structures
that are architectually and/or historically
significant; allows light industrial, general retail,
wholesale services, offices and height density
residential uses. ."
3. Intensive General Business. "Very high density
residential district. This district primarily, for
activity centers, provides a concentration of
retailing, personal and business services, as well as
residential and cultural uses at a necessary
intensity to efficiently be used by mass transit
facilities. ."
4. General Industrial District. "Allows many
manufacturing, warehousing, and wholesaling
activities, along with limited retail and service
uses for the benefit of area employees. ."
5. Heavy Industrial District. "Allows all
manufacturing, warehousing, wholesaling, and mineral
- 5 -
extraction activities. Limited retail and service
uses. for the benefit of area employees. ."
The ordinance was written specifically to address a request to
locate a brewpub in the lower downtown area by Union Station.
The name of the brewpub is the Wyncoop Brewery. The restaurant
is in place and the brewery is in the process of being added to
the restaurant.
The staff talked with Mr. Merlin Logan at the Department of
Zoning Administration for the City of Denver. He stated that
the staff decided that limiting capacity was not their biggest
concern. The impact of trucking was the primary concern
related to the proposal. For this reason, they limited the
sale of beer off-premises to 30%. The size of the brewery's
operation area has also been limited to 200 of the total
brewpub's square footage, which also limits capacity to a great
extent. This approach is different from the Boulder Brewery in
that the emphasis is really on the restaurant operation. The
brewing is considered to be an accessory use to the
restaurant.
C. Seattle
Under Seattle zoning, a micro-brewery is considered a light
manufacturing use or processing use which has "little or no
potential for environmental impacts." (Mr. John Skelton from
the Seattle Department of Construction and Land Use.) 20,000
barrels per year is the capacity limit for a micro-brewery.
Micro-breweries are permitted uses in Neighborhood Commercial
II, Neighborhood Commercial III,. and Commercial I & II Zone
Districts. Micro-breweries are not allowed in Neighborhood
Commercial I Zone Districts, which are the least intensive of
the commercial zones. The size of the use is limited to 5,000
square feet in the Neighborhood Commercial II Zone District and
10,000 square feet in Neighborhood Commercial III. In
Commercial I and Commercial II zone districts, there are no
size limits. In the commercial zones listed above, the other
types of uses that are allowed as permitted or conditional uses
include retail sales and services, restaurants, lodging (in the
higher intensity commercial zone districts), offices,
entertainment, warehouse, food processing, research and
development laboratories, institutions, and residential single-
family and multi-family.
John Skelton from the Construction and Land Use Department,
stated that they had not received any complaints about micro-
breweries and their compatibility with office and residential
uses. The Central Environmental Health Department was also
contacted. Their opinion was that they had not received any
complaints, to the best of their knowledge.
- 6 -
The two departments expressed the general opinion that the
micro-brewery use is compatible with office and other retail
uses, and residential. It should be pointed out that the
Seattle Zoning Code also has very strict requirements for how
these uses are developed on a property. Landscaping, location
of parking, environmental impacts, separation of uses, and
traffic are carefully studied for each project. (Please see
attached research on micro-breweries from the Seattle Zoning
Department.)
4. Portland
Portland regulates a brewpub as though it were basically a
brewery with an accessory use of a restaurant. The brewpubs
are allowed in general commercial and light industrial zones
and are limited to 10,000 square feet of gross floor area. The
restaurant area is not considered part of the 10,000 square
feet. The regulations do not allow objectionable odors to be
generated. Portland has seven brewpubs. (This information was
obtained from the Denver Planning Office. The contact person
was Peggy Skulnack in Portland.)
Summary
The research indicates that there are various ways to define
micro-breweries. The Boulder Brewery emphasizes off-site
distribution and the brewing process. The restaurant
associated with the Boulder Brewery is really only an accessory
use to the primary micro-brewery operation. In respect to
Denver, the restaurant use is the primary function of the brew
pub. Off-site sales are restricted. In Portland, the City has
taken the opposite tact, and considers a brewpub to really be a
brewery with an accessory restaurant. In all cases, it appears
that the environmental impacts of micro-breweries or brewpubs,
such as air and water pollution, can be considered to be
minimal or non-existent. However, in discussing micro-
breweries with many people, the biggest concern was the amount
of truck traffic generated by the. use. The issue of providing
adequate enclosed storage, trash, and delivery areas is also
very important. This was particularly evident when the staff
visited the Boulder Brewery. The owner agreed that more
loading and delivery area was necessary for their brewery
operation.
Staff believes that the conditional use approach for the micro-
brewery use is appropriate as traffic generation loading and
delivery, trash, storage, and environmental impacts can be
studied thoroughly with this review process.
- 7 -
IV. EVALUATION OF THE ENVIRONMENTAL IMPACT REPORT
The applicant has submitted an environmental impact report for
the micro-brewery use. The report was completed by RBD
Engineering Consultants. RBD has analyzed the potential
impacts from the micro-brewery having a capacity of 7,500
barrels of beer per year. The following paragraphs summarize
the types of potential impacts that were studied in the EIR:
(Please see pages 30,31,35,36, and 44 of the EIR.)
A. Water
Total water required for maximum production per year
would be 1,395,000 gallons or approximately 4.298
acre feet. Of the 1,395,000 gallons, 232,500 gallons
would be consumed as product and the remaining
1,162,000 would be returned to the stream through the
sanitary sewer system or, in very small quantities,
be discharged into the atmosphere in the form of
water vapor. Actual consumptive use at maximum
production per year will be 232,500 gallons of
product.
In a phone conversation with Fred Haslee from the
Upper Eagle Valley Water and Sanitation District on
October 21st, he stated that the increased demand for
water for the 5,000 versus 7,500 barrel capacity was
insignificant and the UEVWSD was fully capable of
handling these 7,500 barrel capacity brewery. The
district is writing a letter to confirm their
approval.
The Colorado Department of Health requires that
chlorine be added to public water supplies for
disinfection and that a residual amount be measurable
at the tap of an end user. This chlorine residual
must be removed prior to the water entering into the
brewing process. Removal of chlorine is a very
simple process and can be accomplished by filtering
through charcoal. Ozonation may be desirable after
filtration just to add a little bit more "sparkle"
to the water and further reduce the taste and color.
B. Waste Water
It is proposed that the 1,162,500
96,875 gallons per month will be
treated by the Upper Eagle Valley
Sanitation District.
gallons per year or
required to be
Consolidated
- 8 -
The EIR states that the biggest concern is that large
volumes of waste water not be discharged during short
periods of time, especially during peak periods.
3,875 gallons of waste water will be released during
and after each brewing process. The release is not
immediate. 80% of that water is used for clean-up
and is released throughout the brewing process and
takes approximately four hours. The remaining 20%
comes from the draining of the brewing equipment
itself in approximately 90 minutes. Clean-up water
would then enter the sewage system at the rate of
12.92 gallons per minute and waste water would enter
at 8.61 gallons per minute. Even both discharges
occurring simultaneously would amount to 13.8 gallons
per minute, a rate that could be easily absorbed by
the district at any time of day.
The EIR also identifies biological oxygen demand as a
second concern related to waste water. BOD is a
measurement of the strength of the waste water and,
therefore, a measurement of the magnitude of the
treatment prior to releasing back into the stream.
In the Vail area, 250 milligrams of BOD is considered
average strength. Effluent from a micro-brewery is
normally less than 250 milligrams per liter and needs
no pre-treatment or additional treatment by the
district. Even though micro-breweries discharge less
than 250 per liter of BOD, they are normally
classified as an industrial discharger by most
.districts and are subject to a monitoring program.
The Upper Eagle Valley Consolidated Sanitation
District may want to require a manhole on the brewery
sewer service line so that they can sample BOD.
C. Spent Grains
At the end of the brewing process, a solid product
consisting primarily of spent grain results. These
solids are strained or filtered off and de-watered by
equipment contained within the brewery. They are
collected in a hopper and routinely checked in a
vehicle the size of a pick-up and sold for a
beneficial use such as cattle feed.
D. Air Emissions/Odor
In discussions with various agencies in Boulder where
a micro-brewery exists, there have never been
complaints registered regarding stack emissions.
Odors are similar to those of baking bread because of
- 9 -
the malt and are very weak. With the brewery Mack
designed as an architectural element of the building
at a height of surrounding ridge lines and care not
to begin a brewing process during an identified
temperature inversion, emissions should go
undetected.
V.
Loading and Delivery
E.
A micro-brewery has a high demand for loading and
delivery. This issue has been discussed under the
staff research section of the memo.
Noise
F.
The major sources of noise are anticipated to be the
bottling phase of the
loading and delivery.
enclosed and will not
loading docks are also
EIR Summary
G.
operations and the process, of
The bottling will be totally
produce external noise. All
enclosed.
The report states that all information available on
micro-breweries "indicates that the process used is
totally different than that of a large-scale
industrial brewery. The sounds and smells associated
with an industrial brewery do not exist. Because of
this, the fact that the water and sanitation
districts can provide service and the minimal
emissions into the atmosphere, the proposed Vail
Brewery is totally compatible with the Cascade
Village neighborhood."
EVALUATION OF THIS REQUEST
A. Suitability of Existing Zoning
Staff believes that the Arterial Business district is
appropriate for the micro-brewery use. The mixed-use
nature of the Arterial Business zone district will be
compatible with a micro-brewery. The fact that the
micro-brewery is a tourist related, light industrial
use generating no significant environmental impacts
makes the use acceptable in this zone district. A
tourist-related use is also appropriate as this area
is considered to be a transition zone between
Lionshead and Cascade Village - two guest-oriented
areas of the community. From staff research, it is
- 10 -
apparent that a micro-brewery use with certain
limitations is compatible with office, retail, and
residential uses.
B.
Is the Amendment Proposal Presenting a Convenient,
Workable Relationship Among Land Uses Consistent with
Municipal Objectives?
The Arterial Business district has very strict
standards for landscaping, parking, and access which
will insure that the micro-brewery use is compatible
with the other land uses in the zone district.
It is felt by staff that the conditional use criteria
are adequate to address the impacts associated with
the micro-brewery use. Conditional use criteria
include:
1. Relationship and impact of the use on
development objectives of the Town.
2. Effect of use on the light and air, distribution
of population, transportation facilities,
utilities, schools, parks, and recreation
facilities, and other public facilities.
3. Effect upon traffic with particular reference to
congestion, automotive and pedestrian safety and
convenience, traffic flow and control access
maneuverability, and removal of snow from the
streets.
4. Effect upon the character of the area in which
the 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
Commission deems applicable to the proposed
use.
6. The environmental impact report concerning the
proposed use if an environmental impact .report
is required.
These criteria will address the primary concerns
related to the micro-brewery use which really come
down to .parking, and adequate enclosed loading,
trash, and storage areas for the use. Staff also
believes that each micro-brewery proposal must be
required to submit an environmental impact report
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which will specifically address the environmental
impacts from that particular micro-brewery.
C. Does the Amendment Proposal Provide for the Growth of
an Orderly and Viable Community?
The micro-brewery is considered to be a positive use
which will benefit the orderly growth and viability
of the Vail community. The micro-brewery has a great
potential to become a guest attraction which the
staff feels is very positive for Vail as we are a
resort community. The environmental impact report
has determined that there are no major environmental
impacts from this request which would make it
incompatible with the development quality in Vail.
VI. APPLICABLE TOWN OF VAIL DEVELOPMENT POLICIES
General Growth/Development
1.1 Vail should continue to grow in a controlled
environment, maintaining a balance between
residential, commercial, and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water,
and other natural resources should be protected as
the Town grows.
Skier/Tourist Concerns
2.4 The community should improve summer recreational and
cultural opportunities to encourage summer tourism.
2.5 The community should improve non-skier recreational
options to improve year-round tourism.
Commercial
3.4 Commercial growth should be concentrated in existing
commercial areas to accommodate both local and
visitor needs.
3.5 Entertainment oriented businesses and cultural
activities should be encouraged in the core areas to
create diversity. More night time businesses, on-
going events and sanctioned "street happenings"
should be encouraged.
- 12 -
VII. STAFF RECOMMENDATIONS
The Community Development Department recommends approval of the
request. We believe that the Environmental Impact Report and
additional staff research indicate that there are no major
environmental impacts due to the proposed micro-brewery use.
The research does indicate that adequate enclosed loading and
delivery as well as trash areas must be reviewed closely on a
project by project basis. We believe that the conditional use
review will allow for this type of specific analysis.
We also support changing the Purpose Section of the Arterial
Business District to allow for tourist related light industrial
uses. We feel that it is important to make sure that the
Purpose Section of the Arterial Business Zone District is
consistent with the permitted uses and conditional uses allowed
under the district. The staff considers light industrial uses
to have absolutely no noticeable environmental. impacts and the
fact that the light industrial use must be tourist related will
be positive for the community.
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To: Community Development Department
From: Peter Jamar
Date: October 21, 1988
Re: Cascade Village/ Micro-Brewery
The major changes resulting from a 7,500 barrel/year versus a
5,000 barrel/year micro-brewery at Cascade are the quantities
related to waste and sewer impacts.
CHANGES TO EIR:
PAGE 30, Water and Sewer:
1. Total water required for maximum production per year increases
from 930,000 gallons to 1,395,000 which is 4.298 acre feet.
2. The 155,_000 gallons consumed as product increases to 232,500..
3. .Therefore, 1,162,500 is returned to the stream.
4.. Consumptive use is then equal to 232,500 gallons rather than
155,000 gallons-which is still very small and incidental compared
to Vail's total water supply and demand.
PAGE 31, Sewer Discharge
1. 1,162,500 gallons per year of wastewater will be discharged or
96,875 gallons per month. This equates to 3875 gallons per brew
and would enter the sewage system at 12.92 gallons per minute
("clean-up" water) and 8.61 gallons per minute for wastewater.
• The total would be 21.5 gallons per minute during the brewing
process.
2. The BOD does not change.
PAGE 44, Loading and Delivery
1. The amount of hops, yeast,- and barley needed does not change
significantly and the major change here is that Andy Norris has
determined that no tractor-trailers will deliver directly to the
site and that these raw materials will be located off-site
(probably Minturn) and only the smaller 22 foot vehicles will
visit the Glen Lyon site.
I hope these new numbers help you. For our conditional use permit
application we can provide an updated letter from upper Eagle
Valley Water and Sanitation if needed.
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SPECIAL DEVELOPMENT DISTRICT ANfENDMENT
AND
ENVIRONMENTAL IMPACT REPORT
AUGUST 1988
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SPECIAL DEVELOPMENT DISTRICT AMENDMENT
AND
ENVIRONMENTAL IMPACT REPORT
Prepared For:
Vail Ventures, Ltd.
1000 South Frontage Road West
Vail, Colorado 81657
Prepared By:
Peter Jamar Associates, Inc.
108 South Frontage Road West
Vail, Colorado 81657
(303) 476-7154
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TABLE OF CONTENTS
PAGE NO.
INTRODUCTION 1
SUMMARY 2
SECTION ONE - THE DEVELOPMENT PLAN 3
SECTION TWO - I MPACTS/MITIGATION 28
SECTION THREE - APPENDICES 52
- RBD Eng ineering Report
- Letter from Upper Eagle Valley Water
and San itation District
- Parking Analysis and Parking Management
Plan - Development Area D
LIST OF FIGURES
Figure 1 - Cascade Village Vicinity Map 1
Figure 2 - Existing Development - Area A 5
Figure 3 - Development Under Construction - 6
Area A
Figure 4 - Future Development - Area A 7
Figure 5 - Master Plan - Area A 8
Figure 6 - Vicinity Map - Area D 9
Figure 7 - Cornerstone Site Plan 20
Figure 8 - Transient Residential Unit 21
Typical Floor Plan
Figure 9 - Waterford Site Plan 22
Figure 10 - Millrace Phase IV Site Plan 23
Condominiums
Figure 11 - Millrace Phase IV Site Plan - 24
Lodge Rooms
Figure 12 - Master Plan - Area D 25
Figure 13 - East Building and Condominium - 26
Area D
Figure 14 - Micro-Brewery Floor Plan - Elevation 68 37
Figure 15 - Micro-Brewery Floor Plan - Elevation 79 38
Figure 16 - Micro-Brewery Floor Plan - Elevation 90 39
Figure 17 - Cascade Village Entry Perspective 41
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TABLE OF CONTENTS PAGE 2
LLST OF TABLES
Table 1 - Tabulation of Completed Projects -
Area A
Table 2 - SDD Development Standards -
Area A
Table 3 - Proposed Residential Development
Alternatives - Area A
Table 4 - Estimated Quantities of Pollutants from
increase of Fireplaces
Table 5 - Projected Parking Demand/Supply -
Base Plan - Area A
Table 6 - Projected Parking Demand/Supply -
~Conditional Use Plan - Area A
Table 7 - Parking Demand - Area D
PAGE NO.
15
16
19
34
46
47
48
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INTRODUCTION
The purpose of 'this report is to gr.esent information regarding
proposed amendments to Special Development District 4 (SDD4)
located within the Town of Vail, Colorado. Special Development
District 4 is located at the base of Vail Mountain, west of Vail
Lionshead and is commonly referred to as Cascade Village (see
Figure 1, Vicinity Map).
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Figure 1
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SUMMARY
Vail Ventures, Inc. and Glen Lyon Office Building, a Colorado
' Partnership, propose to make amendments to the existing
~ provisions of Special Development District 4, Cascade Village.
These amendments are intended to provide a proper balance of land
f uses as well as to provide first class accommodation units,
i dwelling units, special attractions, facilities, and services for
the Vail guest. Proposed future development will consist of
condominiums, lodge rooms, skier support services, commercial,
retail and office space, entertainment and/or educational and
cultural facilities, and a Micro-Brewery.
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FINDINGS AND CONCLUSIONS
The proposed amendments will no
physical condition of the site
.hydrologic conditions, noise
visual conditions.
The proposed amendments will
additional air pollution in the
of wood burning fireplaces in
~ allowed;
t have a.negative impact. upon the
in terms of geologic conditions,
impacts, biotic conditions, or
result in the potential for
Gore Valley due to the addition
excess of the number currently
The increased demands for water and sewer service as a result of
the amendments can be easily accommodated by Upper Eagle Valley
Water and Sanitation District;
The traffic and circulation demands of the development can be met
by the recently constructed roadway and intersection improvements;
Parking demands generated by the development can be provided for;
The proposal helps to implement and is consistent with various
Town of Vail. Goals and Policies as identified by the Vail Land
Use Plan, Community Action Plan, and Report of the Economic
Development Commission.
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SECTION ONE - THE MASTER PLAN
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Special Development District 4 was established in 1977 and since
that time has been evolving into a high quality mixed use resort
development consisting of residential, recreational, educational,
and commercial land uses and activities. SDD4 is divided into
~ four "development areas":
~ Development Area Area Known As
A Cascade Village
B Coldstream Condominiums
C Glen Lyon Duplex Lots
D - Glen Lyon Office Building
r Area A, the core of the Special Development District, is the site
of the Westin Hotel, Colorado Mountain College, Millrace
Condominiums, the Cascade Club and Parking Structure, and the
newly constructed Cascade Village. Chairlift. These existing
projects are identified upon Figure 2.
Currently under construction in Area A, as indicated upon Figure
3, are the Westin Hotel's Terrace Wing and the Conference Center.
Future development areas within Area A are generally depicted
upon Figure 4. Figure 5 indicates Development Area A at
completion.
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Area D is the site of the existing Glen Lyon Office Building,
(See Figure 6).
The main focus of this report is to present information regarding
the proposal for future development within Development Areas A
and D of SDD4 as they relate to previous development approvals
for SDD4, to review potential impacts resulting from the changes
proposed, and to discuss actions that can be taken to minimize
any adverse impacts.
The report is divided into three parts:
Section One - The Master Plan - Describes the proposed Develop-
ment Plan and amendments to the Special Development District.
'- Section Two - Zmpacts/Miticration - Contains estimates of probable
impacts resulting from the proposal and summarizes actions that
can be taken to minimize any adverse effects resulting from the
proposed development revisions.
Section Three - Appendices - Provides supplementary information.
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4
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Figure 2
Existing Development
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CONDOMINIUMS
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VAIL, COLORADO
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' , • i ~ ~ I )r ~~_ ~ ~.I 1 ~ iY~~'. _ 4 _ /~~y °~ ."J> .4 ~f 1. WATERFORD
,1 ~; ~` ~ ~ r 2. CORNER$TONE
• ~ 1, RR\ ~ - ~ _ + ~ iC'i' ]. CONFERENCE CENTER
7577 ,~/~ •a ~ I I ZY ~ I ~ ~. WESTIH NOTEL
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rV~ ~~' 1 ~- ~~ ~ ~~~ii __ ~\~f E. CASCADE MAIL
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Lionshead • Gore Creek
Village sot,tn • ~'"~
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Main Vail Marriott~s hta9e
Interchange Mark Resort Road
North
Fr°~tage Road
Interstate 70
• : G~SCG~G%!~ '. The Westin
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Vicinity Map -Development Area D
Not to Scale
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t. Cornerstone Building (See Figure 7)
r The development program foY `the Cornerstone Building
consists of two alternatives:
Alternative 1: Alternative 1, which is referred to as the
"Base Plan" for the Cornerstone Building consists of the
following uses and corresponding square footage
calculations:
USE
SOUARE FOOTAGE
Restaurant 3,000
Accessory Skiing 9,330
' 50 "Transient Residential" Units 28,110
Office 4,850
' Retail 13,250
Hotel Restaurant/Bar 2,465
Alternative 2: Alternative 2, which we will refer to as the
"Conditional Use Plan" for the Cornerstone. Building,
consists of the following uses and corresponding square
footages. The major difference between the "Base Plan" and
the "Conditional Use Plan" is that, under this alternative
development scenario, less retail use would be constructed
and a special attraction would be included. The special
attraction proposed is intended to be a use that would be
reviewed as a conditional use and is intended to be
complimentary to Cascade Village in all respects and
primarily a use that will be compatible with a major
conference and meeting oriented hotel. Uses that have been
included as conditional uses are. various types of
educational, cultural, and entertainment facilities.
USE
SOUARE FOOTAGE
Restaurant
Special Attraction
Accessory Skiing
50 "Transient Residential" Units
Office
Retail
Hotel Restaurant/Bar
"Transient Residential"
small residential units
_ a kitchenette no larger
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3,000
8,080
9,330
28,110
4,850
8,195
2,465
("T.R.") units are defined as relatively
containing no more than 645 square feet,
than 25 square feet, and a fireplace.
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Density ,.and parking for a T.R. is calculated in the same manner
as ari accommodation unit. (See Figure 8 for a typical floor
plan) . .... ._ _
Currently the Town of Vail Zoning Code counts an accommodation
unit as __ one-hal f of a a dwelling unit for the purposes of
calculating allowable units per acre. An accommodation unit is
defined as a room or group of rooms without kitchen facilities
and designed for occupancy by guests.
The proposal contained within the SDD4 modification is to treat
Transient Residential units the same as accommodation units for
the purpose of calculation of allowable units per-acre. The 25
square foot kitchenette is proposed to meet the convenience needs
of the typical guest now coming to Vail but not to provide
full-scale kitchen facilities.
In addition, it is proposed that fractionalized ownership be
allowed on all types of units within Development Area A.
Ownership interests of not less than 30 day intervals would be
automatically allowed and periods less than 30 days would be
required to follow the Town of Vail's .regulations and process
regarding fractionalization.
Waterford Building (See Figure 9)
The Waterford Building is proposed to consist of
approximately 3,800 square feet of retail space and either
30 residential dwelling units or 75 transient residential
units. The Gross Residential Floor Area for either scenario
would total approximately 47,500 square feet.
Westhaven Condominiums
The Westhaven Condominiums are proposed, to consist of 24
residential dwelling units totalling approximately 24,000
square feet of GRFA.
Millrace III
Phase III of Millrace Condominiums is proposed to consist of
3 residential dwelling units. totalling approximately 6,000
square feet of GRFA.
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3 Millrace IV (See Figures 10 and 11)
Two alternatives are contemplated for the Millrace Phase IV
~ Site. The first alternative would be to construct a total
' of 8 residential dwelling units totalling 14,000 square feet
_ of GRFA (Figure 10). The second alternative would be to
construct an addition to the Westin comprised of 32
additional accommodation units also totalling approximately
14,000 square feet of GRFA. (Figure 11).
Addition to Cascade Club
It is also anticipated that an addition will be constructed
onto the east end of the existing Cascade Club Facility.
This addition might consist of an indoor lap pool, miniature
~ gymnasium, or wellness facility.
S
AREA D•
s '
Development Area D, which is the site of the Glen Lyon Office
Building, is proposed to be redeveloped in a manner which results
~ in the expansion and redesign of the existing office space, as
~ well as the construction of a new guest-oriented Micro-Brewery
and the addition of a new detached office and residential
building at the east end of the site (see Figure 12, Area D
Master Plan and Figure 13, East Building and Condominium). A
parking structure would. also be constructed to accommodate the
required parking for the two buildings.
The development upon Area D would consist of the following
components:
USE SOUARE FOOTAGE
Office (including existing) 14,350
_ Brewery Operation 5 000
Beer Hall 2,500
~~ Brew Pub 2,340
Museum 760
Retail 420
Employee Lockers/Storage 1,200
r
~ 13
.~ .
~.,
iJ COMPARISON OF PROPOSED DEVELOPMENT AND PREVIOUSLY APPROVED
DEVELOPMENT - AREA A
The future development for Development Area A currently
contemplated varies from the .development previously envisioned
and, therefore, the standards outlined within SDD4.
A comparison of Table 1, Completed Projects, and Table 2,
Approved Development Standards, Table 2, indicates the amount of
^ remaining development upon the site which is approved but unbuilt
within the current SDD:
Remaining GRFA: 116,986 sq.ft.
Remaining Commercial Scruare Feet: 23,944 sq.ft.
`~
Remaining Accommodation Units (minimum): 20
:~ y_ Remaining Dwelling Units (maximums : 96
A comparison between the proposed development in Area A and the
~_ numbers: above indicates the difference in the amount of
.development that can be expected within SDD4 as of a result of
.the proposed plans for the remaining sites and the proposed
amendments to Area A of SDD4.
The variation proposed. by the alternatives is as follows:
Gross Residential Floor Area:
Under each alternative the proposed additional GRFA totals
119,610 square feet which is 2,624 square feet more than the
amount currently permitted by SDD4.
Commercial Square Feet:
SDD4 currently allows a total of 37,000 square feet within Area A
for commercial use such as retail, office, theater, and
restaurant uses. The two alternatives proposed contain
commercial square footage which exceeds the total now permitted
by the SDD. The applicant is proposing an increased amount of
commercial square footage in order to accommodate both a "special
attraction" and skier related accessory commercial uses, neither
of which was previously envisioned to be included within the
'~ Master Plan.
Skier related accessory uses are proposed in order to fulfill the
14
~! ,
..i 1
~~
^~'
.. •
TABLE 1
-•• COMPLETED PROJECTS - DEVELOPt1ENT ARE A A, SDD4
.~~
COMMERCIAL
PA RRING
REQb?T
-~ COMPLETED PROJECTS AU DU SF GRFA SF SEATS PROJECT STRUCTURE
•~~ asasccaaacaacocaaccccaccc caaanaa=cacc acccacaaa asacaccca aa=aaccca aacaaa=acaa caca=vaocaaaaaaaaos aaaaaccaca
-~• Millrace I 16 20,000 20,000 28
Millrace II 14 17,534 17,534 25
~': Westin Hotel 146 55,657 112
" Alfredos 104
' Cafe 74
Little Shop 860 8
~~~ Pepi Sports
Plaza Level 1,363
-•+ Basement Level 1,073
W b J Smith 900 900 4
•~ CMC Building
••~ Cascade Wing 8 15,870 15,870 16
Clancy's 1,400 1,400 93 9
Office 800 800 3
••+ Cascade Theatre 4,220 275 28
College-classrooms 4,792 40
- College-office 879 4
-Meeting Room 2J * 1,387 1,387. 92 9
„~
Cascade Club
Retail •330 330 1
Wellness Center 1,483 1,483 6
t-i Terrace Wing
Guest Rooma 120 58,069 103
.1 Retail 5,856 5,856 20
Plaza Building
Guest Rooms 22 7,205 16
Retail/Office 1,099 900 q
Conference Facility-net
caca=aaasacaaasaaacaacc=as
cacaaccaaa
aaacca 8,300
caca _ 553 37
_
Subtotals as
288 a=
38 acacc
88,146 ccsacccac
174,335 ccccaccacac
13,056 cacccaa=aa:acacaaca
1,199 53 caaaaacca
.412
*NOTE• Meeting Room 2J currently not required to provide parking. The 9 space
requirement shown is the p roposed requirement for the space as commercial
-
_, use.
15
J ~ ^\
-
f
~ TABLE 2
DEVELOPMENT AREA A, SDD4 APPROVED DEVELOPMENT STANDARDS
1
1 Residential Density
l
Y
Dwelling Units
~ Floor Area
Commercial Square Footage
7
i
i
Setbacks
~ Height
-- Site Coverage
- Landscapinq
___.
--
.~
--- Parkin_~'-_ -_. __
-
287 Dwelling Units Total, with a
minimum of 308 A.U.'s and a
maximum of 134 D.U.'s.
291,121 sq. ft. GRFA
37,000 square feet
20 feet of the periphery of the
property with the exception of the
Cascade Club/Parking Structure
which shall be 2 feet
71 feet. for Westin, CMC, Terrace
Wing, Athletic Club/Parking
Structure, Plaza Building, 48 feet
for remaining buildings.
45$
50~ including Stream Tract
456 spaces, plus 2 spaces per
dwelling unit for Millrace, West-
haven Condominiums and Mansfield
Village Condominiums. 75% of the
456 spaces shall be within a
structure.
16
i'
need for these types of services created by the new Cascade
Chairlift constructed in 1987. This lift has resulted in Cascade
~ Village becoming the fourth major portal to Vail Mountain in
addition to Vail Village, Lionshead and Golden Peak. Uses to
service the skier are proposed to include ticket windows, ski
school facilities, ski patrol facilities, ski related retail, ski
~ equipment rental and storage, as well as restrooms and changing
s areas. Special attraction uses, as discussed earlier are
intended to supplement the existing educational, cultural, and
entertainment facilities in Vail, and, specifically, Cascade
Village.
The total amount of square footage proposed for commercial uses
is as follows:
Alternative 1. "The Base Plan": The total amount of square
~ footage proposed is 36,695 square feet which is 12,751
square feet over the current maximum.
Alternative 2. "The Conditional Use Plan": The total amount
of square footage proposed is 39,720 square feet which is
i 15,776 square feet over the current maximum.
Dwelling Units
Currently SDD4 allows a total maximum of 287 dwelling units with
a minimum of 308 accommodation units and a maximum of 134 dwelling
units within Area A. Currently 38 dwelling units exist and 288
accommodation units exist which is the equivalent of 182 dwelling
units.
~ There are basically three alternatives that could result from the
proposed development in terms of the number of dwelling units and
L accommodation units (or T.R.'s). The three alternatives result
from the various combinations of dwelling units and accommodation
units that are possible under the different development
scenarios for the Waterford and Millrace Phase IV. The
alternatives are as follows:
.~ Alternative 1
AU DU
Cornerstone. 50
Waterford 30
Westhaven 24
Millrace III 3
t Millrace IV
# _ g
- TOTAL 50 65
17
5
3
4
i
~
3 Alternative 2
AU DU
' Cornerstone 50
Waterford 75
Westhaven 24
Millrace III 3
Millrace IV g
r
TOTAL
12 5
3 5
Alternative 3 -
__ V -----. - - - __ AU
- -- - --- DU
_ Cornerstone 50
Waterford 75
Westhaven 24
3 Millrace III - 3
- Millrace IV 32
TOTAL 157 27
3 These alternatives. are summarized in Table 3.
Under each scenario the total dwelling unit equivalent . compared
1 to the remaining equivalent of 105 total dwelling units is:
- _ _ -Alternative 1: _15 units less than total allowed.
L _ __ Alternative 2: 7.5 units less than total allowed.
Alternative 3: ~:5 units. more than total allowed.
Accommodation Units:
Under_ each alternative the minimum requirement of 308
accommodation units is met:
3 Alternative 1: Exceeds minimum requirement by 30 units.
Alternative 2: Exceeds minimum. requirement by 105 units.
~ Alternative 3: Exceeds minimum requirement by 137 units.
18
i --- -- .--. ...._.r, ,._ _ ... ,...._... _......
TABLE 3
PROPOSED RESIDENTIAL DEVELOPMENT ALTERNATIVES - AREA A
• „ ' EXISTING ALTERNATE #1 PLUS ALTERNATE #2 PLUS ALTERNATE i3 PLUS
DEVELOPMENT #1 EXISTING #2 EXISTING #3 EXISTING
Residential Density
Dwelling Units 38 65 103 35 73 27 65
Accomodation Units 288 50 T.R.'S 338 125 T.R.'S 413 157 T.R.'S 445
Total Dwelling Unit Equiv. 182 90 272 97.5 279.5 105.5 287.5
Residential Square Feet (GRFA) 174,135 119,610 293,745 119,610 293,745 119,610 293,745
Cd
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SITE PLAN
CORNERSTONE
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KITCHENETTE KITCHENETTE
---T--~"~~I (~ ~ f ~. • : a -1 _ _ . ~.. 1 .-. :--., 'Y~ .' ~"~"`-~
TYPICAL UNIT 561.0 SF
ELEV. 86.25
0
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ELEV. 97.0
TRANSIENT
RESIDENTIAL UNITS
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SITE PLAN
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SOUTN ELEVATION
MILLRACE IV ~ ~ ~, ~•
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t. BREWERY
2. EXISTING OFFICE BUILDING
3. DECK PARKING ~B 3PACES
4. GROUND PARKING 60 SPACE9
6. EAST BUILDING
OFFICE 3,200 SF
CONDOMINIUM 2,000 8F
:~ ~~ ~ ~~~
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,:
VAIL BREWERY COMPANY
GLEN LYON OFFICE SITE
DEVELOPMENT AREA D
3-- t~~ MASTER PLAN
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EAST BUILDING
& CONDOMINIUM
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r
COMPARISON OF PROPOSED DEVELOPMENT AND ALLOWED-DEVELOPMENT -
AREA D
Development Area D is located both within the Arterial Business
District and Special Development District 4. A comparison of the
existing development proposed in Area D and the standards
contained within the Arterial Business Districts and SDD4 is as
follows:
Existing Development Area D:
Existing office space: 10,150 net square feet.
~ Currently Allowed By SDD4 Standards:
Approval for an additional 8,000 square feet of office.
Currently Allowed By Arterial Business District Standards:
i Lot Size: 1.78 Acres or 77,5536 square feet.
Floor Area Ratio: 40 000 s
quare feet total.
3 '
GRFA: 600 or 46,521 square feet.
Probosed - Development Area D:
! Floor Area Ratio (Commercial Square Feet): 40,000 square feet.
L GRFA: 2,000 square feet
As one can see by the above comparison, the proposed expansion
L and redevelopment of Area D is well within the floor .area
parameters established by the Arterial Business District. In
addition to being well within these allowable densities
established for the site, the proposal meets the other
established criteria such as setbacks, building height, site
coverage, landscaping, parking and architectural design.
( The following Section of this
- impacts which may result" due t
commercial square. footage to be
related uses, special attraction
- well as impacts associated with
of Development Area D.
I
report discusses the potential
a the incremental increases of
created within Area A as skier
uses and skier accessory uses as
the Micro-Brewery and expansion
27
s
1
1
S
1
i~
SECTION TWO - IMPACTS/MITIGATION
28
In accordance with Town of Vail requirements regarding potential
environmental impacts of proposed projects, the following section
describes impacts which may occur ~as~a result of the proposed
incremental revisions to the overall Development Plan for areas A
and D of SDD4. Also discussed are the relationships of the
proposal to various Town of Vail plans, goals, and policies.
HYDROLOGIC CONDITIONS
Natural Features
The proposed incremental changes to SDD4 as proposed will have
very little impact upon the natural hydrologic conditions upon
the site. The overall surface drainage collection system has
been designed to collect storm water runoff at various roof and
surface locations and is designed to contain the runoff. The
Waterford site and the Cornerstone site will collect the majority
of storm water within a roof collection system which feeds an
underground collection system which ultimately exits at Gore
Creek. The total amount of the site covered by buildings in Area
A will be approximately 31~. The SDD currently allows a total
site coverage of 45%.
Drainage of the parking garages will be designed in a manner
which will collect all silt and oil discharges that might occur.
Gore Creek, the major natural water feature within the Cascade
Village site, will continue to remain in its natural state and
will remain undisturbed by the development. Due to the proximity
of Development Area D to Gore Creek, extra precaution should be
taken during construction in order to prevent soil erosion into
the creek.
Man-Made Features
A man-made water feature consisting of a series of fountains and
pools has always been an element of the overall Master Plan for
the Core Area of Cascade Village and a portion of the system has
:~ been in place for approximately four years. The self-contained
system is powered by two 350 gallon per minute pumps and utilizes
domestic water initially that is augmented by a natural spring
which exists upon the Millrace portion of the site. An overflow
storm drain .for extreme conditions exists into Gore Creek should
'- the system exceed its capacity.
' 29
r
Water and Sewer
~- The revisions to the Master Plan. will result in increased demands
~ upon the water supply and for sewage treatment capacity, both of
which have been reviewed by the Upper Eagle Valley Water and
Sanitation District and determined to be acceptable to the
District.
The increased water demand~is a result of the increased increment
of commercial square footage and, most significantly, the Micro
Brewery.. -- .-- -.
The Micro-Brewery is proposed to produce a maximum of ~'S~
barrels of beer per year. Each barrel is 31 gallons. Water
needed for the brewing process is estimated to be 6 gallons of
water for every gallon of beer produced.
Total water required for maximum r duction
t~3~15:~~'~;) 93.0,000 'gallons or approximately -~~`'~acre feetr ' Ofatheould be / /
a~,s~~~~gallons~~155;OOa gallons would be consumed as .product and the r8
I~It,J,,S~~emaining~~00 gallons would be returned to the stream through
the sanitary sewer system, or in very small quantities, be
discharged into the atmosphere in the form of water vapor.
Actual consumptive use at maximum production per year will be
3~ `Sa~l-5~5-~-().4.0 ' gallons , or--appr-oxma-t-e3~-8--ae~e-fe-et .
~ It is estimated that the brewing process will. occur twice .per
day, three da
s
er w
k
y
p
ee
, 50 weeks per year. Dividing this
number of brew processes into. the maximum yearly water demand
yields a requirement of 5;9~6z'` gallons per. month. The Vail Valle
Consolidated Water District has indi
t
d th
Y ~~
ca
e
at they are willin
2 C~~ir
and- able to su 1 the amount of water required
PP_ Y.
through a 1 1
:
/
-inch tag from their domestic water distribution system.
Th
_
e quality of .the water in the domestic su 1 is
Pp Y consistent
with th
t
a
needed to roduce a
p good beer through the micro-brewing
r
p
ocess. The Colorado .Department of~ Health requires that
chlorine be added to
ublic w
t
p
a
er supplies ,for disinfection and
that a residual amount be aneasurable at the tap of an end
user.
This chlorine residual .must be removed prior tQ water. entering
into the'
brewi
..
ng process.
Removal of chlorine is a very simple process and can be
accomplished by filtering through charcoal. Ozonation may be
desirable after filtration just to add a little more "sparkle"
to the water and further reduce the taste and color.
1 At the end of the brewing process, there are basically two waste
products which need to be disposed. One is a solid product
30
consisting primarily of spent grains. These solids are strained
"or filtered off and dewatered by equipment contained within the
brewery. They a"re collected in a hopper and routinely trucked
~
i out and sold for a beneficial use such as cattle feed.
i ~(;, ~'
The second waste product is ~ater. It is proposed that the
~, u~ ~~~ ~-7-~.-404 gallons per year, or '~-5.8-'3 gallons per month will be
<.
required to be treated by the Upper Eagle Valley Consolidated
Sanitation District. The District has indicated they are willing
- and able to serve through a tap into their central collection
system at the brewery.
One concern is that large volumes of wastewater not be discharged
~ during short periods of time, especially during peaks.
Considering again that the brewing process will occur twice per
day, three days per week, 50 weeks per year, .a-;-~-8-~ gallons of };~~5
~ wastewater will be released during and after each brewing
.process. The release is not immediate. Eighty percent of that
water is used for clean up and is released throughout the brewing
process which takes approximately four hours. The remaining
~ twenty percent comes from the draining of the brewing equipment
itself in approximately ninety minutes. Clean up water would
then enter the sewage system at the rate of 5-28 gallons per 1;~.~~
: minute and wastewater would enter at the rate of 5-r gallons per P, (,/
minute. Both discharges occurring simultaneously would amount to
~`.j 1~8- gallons per minute, a rate that can be easily absorbed by
}= the District at any time of day.
1
` The second concern is the Biological Oxygen Demand, or BOD, of
the wastewater. BOD is a measurement of the strength of the
wastewater and, therefore, a measurement'of the magnitude of the
treatment required prior to releasing back .into the stream. In
the Vail area, 250 milligrams per liter of BOD is considered
L average strength. Effluent from a micro brewery is normally less
than 250 milligrams per liter and needs no pre-treatment or
additional treatment by the District.
In areas where sewage treatment districts are affected by
industrial waste dischargers, a monitoring program is normally
set up. On a routine but unannounced basis, the district will
'~_ sample the discharger and if the measured BOD is above a
pre-agreed threshold, a surcharge for excess treatment will be
assessed until further sampling shows BOD has dropped back below
the threshold. Even though micro breweries discharge less than
r 250 mgl of BOD, they are normally classified as an industrial
discharger by most districts and are subject to a monitoring
~ program. The Upper Eagle Valley Consolidated Sanitation District
~ may want to require a manhole, on the brewery sewer service line
'- so that they can sample BOD.
f
i 31
ATMOSPHERIC CONDITIONS
Atmospheric conditions will be impacted as a result of the
incremental changes proposed due to increased fireplace emissions
and the Micro-Brewery operation.
The current SDD allows that a maximum of 134 fireplaces can be
constructed within the development, but in dwelling units only.
38 dwelling units have been constructed within Cascade Village,
all with fireplaces. Therefore 96 additional fireplaces are
permitted to be constructed within remaining dwelling units.
The developer is proposing that both residential and transient
residential units be permitted to have one wood burning fireplace
- each. Under all three development alternatives this would result
in additional fireplaces within Cascade Village and an increase
in the existing air pollution problem within Vail during periods
of inversion at peak times of usage.
According to the information provided by the developer and Town
of_ Vail. ',Community Development Department,. the following
assumptions can be ..made regarding anticipated fireplace
emissions•
- ~~ - The. average use of a fireplace is 3.5 hours, when used.
~ - Approximately 16.5 pounds of wood will be burned per
hour, per .fireplace.
- Approximately 50-°s of fireplaces .would be in .use at any
. _ _ - _ _ one time.
• - 100 of the new units constructed will have wood
burning fireplaces.
~~ ~_~ --Emissions factors per ton of wood burned are estimated
to be:
~' 1) 37.79 lbs. of available particulate matter
~) 146.6 lbs. of carbon monoxide gases
3) 1 lb. of Nitrogen Oxides
4) 5 lbs. of Hydrocarbons
32
4
~, .
r
Table No. 4 summarizes the estimated emissions attributable to
the increased increment of fireplaces proposed as a result of
each of the three alternatives. ~._Fireplace emissions will
~ increase as a result of the proposal and will, during times of
~ peak use contribute to air pollution with the Gore Valley.
T
f
3
s
7
33
I+.....~ prrr r""" ~ I f"+.....~ ~......~ti ,..~...«: w~..r.~a w......~ ~+r~.~ Min r.~w~ ~ rwr+r j `~"~"~
__ __ _ _ TABLE_ 4 __ _.
ESTIMATED QUAPtTITIES OF POLLUTANTS FROM INCREASE OF FIREPLACES
(IN POUNDS PER DAY)
NU~iBER OF ADDITIONAL
' FIRE PLACES IN EXCESS FIREPLACES IN OPERATION CARBON NITROGEN HYDRO
OF 96 ALLOWED AT ANY ONE TIME PARTICULATES MONOXIDE OXIDES CARE30NS
ALTERNATIVE Al 19 8 8.72 33.8 0.23 1.15
ALTERNATIVE i2 64 32 34.9 135.5 0.92 4.6
ALTERNATIVE A3 61 31 33.8 131.3 0.89 4.45,
w
._.. SOURCE: Emission Factors were provided by Ms. Susan Scanlon, Community
' Development Department, Town of Vail -
r
There has not been much research done in the Vail Valley
regarding wind .and weather patterns. There is, however,
# information available at the Eagle County Airport and at Patrol
t Headquarters (PHQ) on top of Vail Mountain that can be
` extrapolated to generally describe wind patterns at the Vail
Brewery site. The City of Aspen has also done extensive study on
their inversion characteristics of which may also be useful for
studying the expected emissions from the Micro-Brewery.
In comparing the data available at the airport and at PHQ, it
would be consistent to say that winds are calm for approximately
45 percent of the time. These are surface winds with measured
velocities ranging from 0 to 4 miles per hour. For approximately
30 percent of the time, wind velocities measure from 4 to 15
miles per hour and are fairly evenly divided from an easterly or
a westerly direction. Wind gusts ranging up to 30 miles per hour
or above from almost any direction can be experienced throughout
the remainder of the year.
~ For the Vail Brewery site, the assumption can be made that
~ surface winds are normally calm with light currents moving up or
i down the valley in an easterly or westerly direction. Moderate
winds of up to 15 miles per hour could also be predicted to flow
up or down the valley with the predominance being from the west.
Emissions .from the Brewery stack would be carried out of Cascade
Village up the forested hillside to the East or out across the
Interstate 70 corridor to the west.
During the winter months temperature inversions may occur in the
Vail Valley. The. best information indicates that a strong
inversion that sets up well and continues through the night could
occur from 6 to 12 times per year.
Again, there have been no specific studies done in Vail relating
to duration or strength. The Aspen studies indicate that an
inversion will start to build as soon as sunlight clears the
valley floor. The inversion builds rather rapidly. With no
measurable winds, the flow of air out of the Vail Valley would
.i be down in a westerly direction.
_ To be more specific, an inversion, if it is going to occur, would
begin to build .around 3:30 in the afternoon and be fully
developed in approximately two hours. It would continue through
- the night, start to clear out around 8:00 in the morning and
would be totally dissipated in approximately one and one half
hours.
I 35
~-
~-
}
In discussion with various agencies in Boulder where a micro
brewery exists, there have never been complaints registered
regarding shack emissions. Odors are ..similar to those of baking
~ bread because of the yeast and are very weak. With a boiler
~ stack designed as an architectural element of the building at a
height of surrounding ridge lines and care not to begin a brewing
process during an identified temperature inversion, emissions
~ from the brewery should go undetected.
s
~ GEOLOGIC CONDITIONS
No impacts are expected to result from the proposed amendments
with regard'to land forms, slope and soil characteristics, or
potential geologic hazards.
BIOTIC CONDITIONS
No impacts are expected to result from the proposed amendments
~ with regard to vegetative characteristics of the site or wildlife
_- habitat.
NOISE IMPACTS
Noise associated with the proposed Master Plan revisions can be
expected to'be those associated with the Micro-Brewery operation.
`- The major sources of noise are anticipated to be the bottling
phase of operations and the process of loading and delivery of
` kegs, bottles, and other brewery supplies as well as the .pick-up
of the solid. waste which results- as a by-product of the brewing
process.
The bottling operation, as indicated in the Lower Level Floor
Plan for the Micro-Brewery, Figure 14, is proposed to be totally
enclosed and, therefore, will not produce noise external to the
. building.
Loading and delivery to the brewing facility has been very
~~ carefully designed and planned to be totally functio~n'al_and also
- to minimize',impacts upon the Frontage. Road. As indicated upon
` ~ the Upper Level Floor Plan for the Micro-Brewery', Figure 16, the
loading dock area is within. the enveiope.of the building and has
;_~ large operable sound proof doors which will be closed before,
during, and'. after loading operations to eliminate any. potential
~ noise problems. resulting from either delivery of supplies or
~ pick-up of product and solid waste.
36
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3
3
~ VISUAL CONDITIONS
The proposed amendments will not result in any significant
changes of '.the visual conditions anticipated for the site upon
full project completion. As initially planned, the architectural
character of the site is being comprehensively formulated in
_ order to achieve a compatible and complimentary relationship
~ among the individual buildings within the overall development.
The redevelopment of the Glen Lyon Office Building will
significantly upgrade the architectural character of the site and
will integrate the overall theme and character of .the entire
Cascade Vil',lage to include Area D. The proposed additional
square footage can be accommodated within the existing mass and
~ bulk controls established for the SDD. As can be seen in Figure
' 16, Entry Perspective, the architectural and landscape treatment
of the site upon completion will provide a very pleasing visual
i experience and will be constructed to a very high level of
quality.
t
E
L
L
SDD4 is not; located within any designated view corridor of the
Town of Vail.
LAND USE CONDITIONS
The proposed.,adjustment to the amount of commercial square
footage within SDD4 is compatible with the other proposed uses
within the immediate area and Vail's Land Use Plan.
Vail Land Use Plan:
The proposed amendments to SDD4 are consistent with many of the
goals of the Vail Land Use Plan. Generally, the proposed special
attraction 'use and ski related accessory commercial uses
accomplish the overall goals of strengthening the balance of uses
within the' community, improving and increasing base skier
facilities to keep pace with mountain expansion. and improving and
enhancing year-round tourism. Specifically, the proposal meets
the following•goals,of the Land Use Plan:
l~. General Growth/Development
1.1 Veil should continue to grow in a controlled
environment, maintaining a balance between residential,
commercial and recreational uses to serve both the
visitor and the permanent resident.
40
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h
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II ," {~~~ fir. t ~ ~'r.: ' fly I ~~IUf~;,l,,1~~~~) j• ~/-I' .. , `+` k ~,T ; f!~
~`~,;" I I P! ;,~ f~: ~~j 11r .~~ , /, 11} r~ ;1~ I ~ ~!f~;.~.~-j~7,.~ ;I~~ ,( ~; ,,L
. ~'~~i1~t~ ~ Any 1E' y~~~'' ~ _,,, '%~- _ l l ~~, I,~ ~ `~:____.~ ~~ ,"..~ ~-:_~~. ;. ,i~`. ~ j ~ "~
• .~-,Zr,p~+~'.lP, ~ <.. ~I._ ~ `•.{ ~41 II f I 1 `~ / ~ lWfli~~^ ~`l~ ,J ~\"f11~~ +, r 1
• ti ), ~~ i l I i `l fir )~ ;.ti:}`~`{~'j~. a- .~a-. ~~
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c
y View Looking South onto Westhaven Drive from Frontage Road
i
f
i
i
s
1.2
1.3
1.12
2. Skier
he quality of the environment including air, water and
ther,natural resources should be protected as the Town
rows . ~ . .
e quality of development should be maintained and
graded whenever possible.
it Should accommodate most of the additional growth
existing developed areas (infill areas).
s
2.1 Z1he community should emphasize its role as a
. destination resort while accommodating day visitors.
2.2 ~he ski area owner, the business community and the Town
headers should work together closely to make existing
facilities and the Town function more efficiently.
- _ -
2.3 ~lhe ski area owner, the business community and the Town
li,eaders should work together to improve facilities for '
clay skiers.
2.4 Z~he community should improve summer recreational and
~'ultural opportunities to encourage summer tourism.
2.5 Tihe community should improve non-skier. recreational
d,ptions to improve year-round tourism.
3.
3.4 Clommercial growth should be concentrated in existing
commercial areas to accommodate both local and visitor
needs.
3
3.5 Entertainment oriented businesses and cultural
a,ctivities should be -encouraged in the core areas to `
cl,reate diversity. More night time businesses., on-going
'vents and sanctioned "street happenings" should be
encouraged.
Traffic
Traffic volumes and traffic flow patterns for Cascade Village
have been analyzed and identified and as a result of the analysis
it has been! determined that a modified design is desirable for
42
3 -
the South F
i
i
ve
rontage Road/Westhaven Dr
ntersection in order to
maintain an acceptable level of service at that intersection.
The modified intersection design invplves the installation of
channelization to provide a separate left turn lane for westbound
traffic on the South Frontage Road. It also includes an
acceleration lane for vehicles turning left from Westhaven Drive
+ onto the South Frontage Road. Coupled with the intersection
'l modifications the travel speed for the South Frontage Road has
been recommended to be reduced to 35 miles per hour from 45 miles
• per hour.
The recommended intersection modifications and reduced speed
~ limit have been reviewed and approved by both the Town of Vail
and State Highway Department and construction of the improvements
is almost complete. In addition to this improvement, the access
to Development Area D is proposed to move east upon the site in a
location exactly opposite to the. Vail Professional Building
z ~ access. This has been viewed with a favorable reaction by the
State Highway Department due to the positive aspect of
~. consolidating this access point. A drop off and loading and.
( delivery bay will be located upon the western portion of the site
and the distance between- these two points of .access for Area D
exceeds State Highway Department minimum spacing standards.
Transit Service Needs
1 The installation of a transit facility has been included within
the revised Master Plan for Cascade Village due to the current
demands and those that will be generated by the development, most
specifically the new Cascade Chairlift.
The proposed transit facility, which has been reviewed and
approved by the Town of Vail Public Works Department, is
currently under construction. The facility is located south of
the South Frontage Road on Westhaven Drive and is designed as a
circular driveway with three separate loading/unloading areas to
serve buses making stops at Cascade Village. The Town of Vail
bus and Beaver Creek bus will each have their own designated
stops, while the shuttle buses from nearby hotels and
condominiums, which comprise the secondary demand, will share the
use of two smaller bus stops. The daily arrival and departure
schedules of the shuttle buses utilizing the transit facility
will be assigned,in order to provide coordinated transit service.
} Control of all vehicular access to the transit facility may be
coordinated by a traffic attendant during peak periods to
( regulate the waiting times of both the shuttle buses and
~ automobiles if necessary. Access to the stop serving the Town of
Vail bus will be controlled by electronic gates.
43
~..
Loading and Del ivery ~'~~' ~ ~? +~>~~~ .., LL'~C~n ~ 1 ~,~1 ~,. ~ ~ ~ , J ~ ;~
.- Loading and delivery aspects of :the d velopment will be affected
by the additional commercial uses proposed with the additional
uses resulting in increased loading and delivery activity upon
the site.
r
~ The proposed Micro-Brewery will provide the greatest need for
increased loading and delivery and, as described previously, this
~ activity will be accommodated within an enclosed loading area
within the building and accessed from the Frontage Road.
Delivery to the Micro-Brewery operation will consist of the raw
materials required in the brewing process, delivery of bottles
• and kegs, and removal of solid waste produced as a by-product -of
the brewing process.
i Raw materials required during the brewing process consist of
malted barley, hops and yeast. It is estimated that based upon
brewing 5,000 barrels per year the amount of malted barley
" required will be 240,000 lbs. annually. This will be delivered
to the site packaged in 100 pound bags, 5 - 6 time per year.
Hops, in 50 pound bags, are delivered once per year and also put
~ into dry storage within the building. It is estimated that 5,000
~- lbs. of hops will be required per year (1 lbs. of hops per barrel
of beer). The amount of yeast required is very small and is also
~ delivered once per year.
_
The beer will be bottled at the brewery and it is estimated that
between 10,000 to 15,000 cases will be bottled per year. Bottle
storage will be off-site in a locatio
t
id
f V
il
n ou
s
e o
a
and a
monthly supply of empty bottles will be delivered to the site
once per month in a tractor trailer size vehicle. Both keg and
bottle delivery to the Front Range Markets are anticipated to be
made by regional distributors already in the area making other
types of deliveries and. it is anticipated that they would stop at
] the brewery once per. week. These distributions utilize smaller
_ .trucks than the large tractor trailer trucks commonly used
e,lsewhere.. Distribution to Eagle County locations would occur
. more frequently (possibly once or twice per-.week) and would be
achieved with a 22 foot brewery owned van-type vehicle.
During the brewing process, the malted barley is crushed between
steel rollers and steeped in hot water for several hours in a
process called mashing. After mashing, the spent grain is
discarded and the remaining liquid, called the wort is boiled.
I Hops are then added and after boiling, the wort is cooled and the
,- yeast added to begin fermentation. When the fermentation is
I_ L~~ ~
i
over, the beer is filtered through a filtering system to "clear"
the beer and remove the yeast.
! The amount of waste produced during the final filtering process
is minimal and can be discarded into the normal trash removal.
_ The spent grain, however, amounts to a significant amount of
waste and will be removed from the site each brewing day which is
~ approximately three times per week. Each brew produces
approximately 100 cubic feet of waste. Two brews on a brewing
day will require a 7 yard capacity to remove the waste, which is
~ sold to ranchers for feed. This is anticipated to be
accommodated by a brewery owned trailer the size of a small dump
_ truck.
Loading and delivery to the Cornerstone Building will be via an
enclosed loading dock and off of Westhaven Drive.
Parking
Parking for Development Area A of SDD4 will be provided for in a
variety of locations, both on-site for the totally residential
elements of the project and in the large common structures for
Z
others. Westhaven Condominiums, and Millrace .Condominiums Phases
-- III and IV are proposed to provide on-site parking equivalent to
two spaces per unit. The only exception would be the alternative
which has Millrace Phase III as an additional 32 accommodation
units added to the Westin. In this plan the required 26 spaces
for this site would be accommodated within the Cascade Parking
Structure.
In addition to the existing Cascade Parking Structure .which
contains 42.1 spaces another parking structure containing at least
144 spaces will be constructed upon the Waterford Site. This
will bring the total number of structured spaces within
Development Area A to to at least 565 spaces. These structures
are intended to provide the parking needs of the Westin, CMC
Building, Conference Center, Cascade Club, Cornerstone Building
and Waterford.- The existing projects require a total demand of
.~ 412 spaces, including 125 spaces that are provided.. for the
general public in accordance with an agreement with the U.S.
~' Forest Service relating to the Cascade Ski Lift. This 412 space
total includes 9 spaces provided for Meeting Room 2J converted to
commercial use. Therefore at least 153 spaces will exist to
_ accommodate the proposed alternative development plans. The
parking requirements for these projects within Development Area A
~ are shown in Tables 5 and 6.
45
TABLE 5
PROJECTED PARKIrIG DEr1AND/SUPPLY - STRUCTURED PARKING
"BASE PLAN" ALTEF.NATIVE
PROJECT PARKING REQUIREMENT
Existing Development 412
AU DU SF SEATS
Proposed Development:
Cornerstone Building
Restaurant
Accessory-Skiing
Transient Residential 50
Office
Retail
Hotel Restaurant/Bar
Millrace ZV t+Testin Add. 32
~nTaterford Village
Transient Residential 75
Retail
TOTAL PARKING REQUIRrIENT
I~Sixed Us e_ _C_redit -_ 10~. _ ..
Parking Provided
Parking Deficit
3,000 147 18
9,330 NA
28,810 45
4,850 19
4,850 19
2,465 82 10
26
47,500 60
3,800 12
• 651
_ (. 65)
586
565
_ 21
46
TABLE 6
PROJECTED PARKING DEMAND/SUPPLY - STRUCTURED PARKIrIG
~ " COPIDITIOPIAL USE" ALTERNATIVE
PROJECT PARKIrIG
_ _ _- _ REQUIREr1ENT
Existing Development ~ 412
~ AU DU SF SEATS
~•
Proposed Development:
Cornerstone Building
Restaurant 3,000 147 16
Accessory-Skiing 9,330 NA
Transient Residential 50 28,810 45
Office 4,850 19
Retail 8,195 33
Hotel Restaurant/Bar 2,465 82 10
Special Attraction 8,080 NA
Millrace IV Westin Add. 32 26
i
. Waterford Village
Transient Residential 75 47,500 60
Retail 3,800 12
TOTAL PARKING REQUIRMENT 665
Mixed Use Credit - 10$ ( 66)
599
Parking Provided 565
Parking Deficit 34
i
1
_ 47
1.
l
f
1
1
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L
l
1
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TABLE 7
DEVELOPMENT AREA D - CASCADE VILLAGE:
Parking Demand Calculation:
PARKING
CATEGORY Sq•FT• SEATS REQUIREMENT
Office 14,350 NA 57.4
Beer Hall 1,900 200 25
Brew Pub 2,390 120 15
Retail 420 NA 1.4
Residential 2,000 NA 2
TOTAL 100.8
48
The developer has proposed that a shared use credit of loo be
applied to the total parking requirement for these uses due to
the overlap of parking needs within,a ;mixed use development of
~ this type. Recent studies by the Urban Land Institute address
the issue of shared parking in mixed use developments. Findings
show that individual land use parking requirements are not
additive for this type of development and common sense would
~ indicate that it is unlikely that 1008 of the people parking
within the project would be utilizing only one use within the
project.
Utilizing the shared use concept both alternatives' parking
demand exceeds parking supply. In Alternative 1, the demand
exceeds supply by 21 spaces and in Alternative 2 demand exceeds
. supply by 34 spaces. These shortfalls include the inclusion of
Millrace IV .developed developed as accommodation units. If
Millrace IV is developed as dwelling units Alternative 1 would
have a surplus 5 spaces and Alternative 2 would have a deficit of
only 8 spaces.
The developer has indicated that the necessary parking supply
will be provided on site and will meet projected parking demand.
Depending upon which development scenario is finally selected
either additional parking will be provided or square footages
adjusted to accommodate the parking demand in accordance with the
above calculations.
Parking demand has been analyzed for Development Area D (see
Appendix for full report) and requirements for the proposed uses
are shown in Table 7. The calculations show that the parking
requirement for Area D is 100.8 spaces per the Town of Vail
Zoning Regulations. 'The study prepared indicates that a supply
of 92 spaces would be adequate for meeting peak demand created by
L the uses proposed for the site. It is intended that 100 spaces
be provided to meet these projected parking demands for Area D.
The SDD currently requires that on-site parking be provided for
common carriers providing charter service to the development.
Due to a number of different factors such as noise, odor, and the
~ generally incompatible use, the developer is proposing that this
~ provision be eliminated. The design of the Transit Mall allows
buses to drop off passengers at that location and then proceed to
the charter bus parking at the Lionshead Parking Structure. The
bus would then return for passenger pick-up at the Transit Mall
_ location. It is felt that it would be best to confine the bus
parking to an already established area that can readily
! accommodate charter buses than to create a new area for this use
when the Transit Mall allows -for very convenient pick up and drop
_ off.
i
49
L.
POPULATION CHARACTERISTICS:
The special attraction use skier rela-ted accessory commercial
uses and Micro-Brewery use will result in th e need for additional
employees within Cascade Village.
The Micro-Brewery will require the following full time equivalent
employees:
Full-Time Equivalent
Function Em ployees
Brewery Administration 6
Brewery Operation 3 - 5
Brew Pub, Banquet Facility - 40
i TOTAL 49 - 51
The skier related uses will also generate additional employees.
' The ticket office, ski school, and locker facilities are expected
# to generate 10 - 20 employees during ski season and would most
-likely vary throughout the day during ski season. The special
~ attraction use depending upon its ultimate use and layout might
~ be expected to generate anywhere from 5 to 6 additional
employees.
Based upon these projections it appears that the additional
employees required due to the proposed amendments could be
estimated to be between 64 and 77.
The current-SDD contains a provision that states "on a yearly
basis a contractual agreement between the employer and the
developer showing evidence of employee housing that is
satisfactory to the Town of Vail shall be made available to the
Department of Community Development".
Currently .the Westin Hotel, the major employer with approximately
185 full time equivalent employees, has human resource personnel
1 to assist their employees arrange for housing. There has been no
problem .housing employees and they do not foresee a problem with
- housing the employees that will be added as a result of the
recent Terrace Wing Addition.
~__ The developer has proposed that the provision stated above be
deleted from the SDD Ordinance and that the needs for employee
housing continue to be monitored and provided for by the private
- sector county-wide. The developer has indicated a willingness to
- SO
participate on a type of Employers Council to address the
on-going need to provide affordable housing for employees. It is
_ felt that the provisions of all' employee housing on-site is
incompatible with the nature of the development and not desirable
from a management standpoint. Long term rental housing is
available for middle management employees within the immediate
~ area. Other employees are typically assisted with finding
~ housing off-site by employers and entities such as the human
resource personnel at the Westin and this practice is intended to
continue. Previous experience has shown that both employees and
employers prefer that employees reside off-site.
S1
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SECTION THREE - APPENDICES
52
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3
r ~tYV _ ._ _..
Engineering Consultants
953 So. Frontage Rd. West, Suite 202
Vail, Colorado 81657
3031476-6340
May 17, 1988
Mr. Peter Jamar
JAMAR ASSOCIATES
108 S. Frontage Road W.
~ Vail, CO 81657
RE: PROPOSED VAIL BREWERY
I ENVIRONMENTAL ENGINEERING SERVICES
~- Dear Peter:
Enclosed herewith is the information requested for the above-referenced
project. The basic report covers the effects the proposed Yail Brewery
would have on the water and sanitation districts serving the Valley as well
as some discussion regarding emissions into the atmosphere.
Attached to the report are various charts relating to wind and temperature
! inversions, a willingness to serve letter from the Vail Valley Consolidated
L Water District and the Upper Eagle Valley Consolidated Sanitation District
and a brief summation of the comments of the people I talked with in
L preparation of this report.
You will see as you read the report that the proposed Yail Brewery can be
easily served by the water and sanitation districts, would have virtually
no negative impact on air quality and, therefore, could be a good addition
to the neighborhood pending a favorable conclusion of the other aspects of
your environmental assessment.
Thank you for allowing us to be of assistance.
Very truly yours,
RBD, Inc.
~~ V U'~-~
Kent R. Rose, P.E.
Project Manager
L Enc.
I
Other Offices: Fort Collins, Colorado 3031226.4955 • Colorado Springs, Colorado 3031574-3504
~. . '
ENVIRONMENTAL ENGINEERING REPORT
FOR THE
PROPOSED YAIL BREWERY
RBO, INC.
The Micro-Brewery is proposed to_produce a maximum of 5,000 barrels of beer
per year. One barrel fs 31 gallons. Water,nee_ded for the brewing process
is estimated to be 6 gallons of water for every gallon of beer produced.
Total water required for maximum production per year would be 930,000
gallons, or approximately 2.85 acre feet. Of the 930,000 gallons, 155,000
gallons would be consumed as product and the remaining 175,000 gallons
would be returned to the stream through the sanitary sewer system:or, in
very small quantities, be discharged into the atmosphere in the form of
water vapor. Actual consumptive use at maximum production per year will be
155,000 gallons of product or approximately 0.48 acre feet.
It is estimated that the brewing process will occur twice per day, three
days per week, 52 weeks per year. Dividing this number of brew processes
into the maximum yearly water demand yields a requirement of 5,962 gallons
of water needing to be delivered on brewing days or 77,506 gallons per
month. The Vail Valley Consolidated Water District has indicated that they
are willing and able to supply the amount of water required through a
~ 1~-inch tap from their domestic water distribution system.
'- The quality of the water in the domestic supply is consistent with that
needed to produce a good beer through the micro-brewing process. The
' Colorado Department of Health requires that chlorine be added to public
~_ water supplies for disinfection and that a residual amount be measurable at
the tap of an end user. This chlorine residual must be removed prior to
water entering into the brewing process.
Removal of chlorine is a very simple process and can be accomplished by
filtering through charcoal. Ozonation may be desirable after filtration
' just to add a little more "sparkle" to the water and further reduce the
-taste and color_
At the end of the brewing process, there are basically two waste products
of which need to be disposed. One is a solid product consisting primarily
of spent grains. These solids are strained or filtered off and dewatered
by equipment contained within the brewery. They are collected in a hopper
.and routinely trucked out in a vehicle the size of a pick-up and sold for a
beneficial use such as cattle feed.
The second waste product is water. It is proposed that the 775,000 gallons
per year, or 64,583 gallons per month will be required to be treated by the
Upper Eagle Valley Consolidated Sanitation District. The District has
indicated they are willing and able to serve through a tap into their
central collection system at the brewery.
f
One concern is that large volumes of wastewater not be discharged during
. short periods of time,~especially during peaks. Considering again that the
brewing process will occur twice per day, thre.e_days per week, 52 weeks per
year, 2,484 gallons of wastewater will be released during and after each
brewing process. The release is not immediate. Eighty percent of that
water is used for clean up and is released throughout the brewing process
which takes approximately four hours. The remaining twenty percent comes
from the draining of the brewing equipment itself in approximately ninety
minutes. Clean up water would then enter the sewage system at the rate of
8.28 gallons per minute and wastewater would enter at the rate of 5.52
gallons per minute. Both discharges occuring simultaneously would amount
to 13.8 gallons per minute, a rate that can be easily absorbed by the
District at any time of day..
The second concern is the Biological Oxygen Demand, or BOD, of the
wastewater. BOD is a measurement of the strength of the wastewater and,
therefore, a measurement of the magnitude of the treatment required prior
. to releasing back into the stream. In the Vail area, 250 milligrams per
liter of BOD is considered average strength. Effluent from a micro-brewery
is normally less than 250 milligrams per liter and needs no pre-treatment
or additinal treatment by the District.
In areas where sewage treatment districts are affected by industrial waste
dischargers, a monitoring program is normally set up. On a routine but
unannounced basis, the district will sample the discharger and if the
measured BOD is above a preagreed threshold, a surcharge for excess
treatment will be assessed until. further sampling shows B00 has dropped
back below the threshold. Even though micro-breweries discharge less than
250 mgl of BOD, they are normally classified as an industrial discharger by
most districts and are subject to a monitoring program. The Upper .Eagle
Palley Consolidated Sanitation District may want to require a manhole on
the brewery sewer service line so that they can sample BOD.
There has not been much work done in the Yail Valley regarding wind and
L weather patterns. There is, however, information available at the Eagle
County Airport and at Patrol Headquarters (PHQ) on top of Yai1 Mountain
that can be extrapolated to generally describe wind patterns at the Vail
Brewery site. The City of Aspen has also done extensive study on their
inversion characteristics which may also be useful here.
In comparing the data available at the airport and at PHQ, it would be
consistent to say that winds are calm for approximately 45 percent of the
time. There are surface winds with measured velocities ranging from 0 to 4
miles per hour. For approximately 30 percent of the time, wind velocities
measure from 4 to 15 miles per hour and are fairly evenly divided from an
easterly or a westerly direction. Wind gusts ranging up to 30 miles per
hour or above from almost any direction can be experienced throughout the
remainder of the year.
For the Vail Brewery site, the assumption can be made that surface winds
are normally calm with light currents moving up or down the valley in an
easterly or westerly direction. Moderate winds of up to 15 miles per hour
could also be predicted to flow up or down the valley with the predominance
being from the west.
Emissions from the Brewery stack would be carried out of Cascade Village up
the forested hillside to the East or out across the Interstate 70 corridor
to the west.
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I During the winter months temperature inversions may occur in the Vail
Yalley. The best information indicates that a strong inversion that sets
up well and continues through the night could occur from 6 to 12 times per
~ year.
Again, there have been no specific studies done in Yail relating to
duration or strength. The Aspen studies indicate that an inversion will
~ start to build as soon as sunlight clears the valley floor. The inversion
builds rather rapidly, and continues through the night until sunlight
begins to re-enter the valley. The inversion then dissipates rather
rapidly with the warming of the ground. With no measurable winds, the flow
' of air out of the Vail Valley would be down in a westerly direction.
To be more specific, an inversion, if it is going to occur, would begin to
~ build around 3:30 in the afternoon and be fully_developed in approximately
twa hours. It would continue through the night, start to clear out around
~ 8:00 irr the morning and mould be.to_tally dissipated in approximately one
__ and one half hours.
In discussions with various agencies in Boulder where a micro-brewery
~ exists,. there have never been complaints registered regarding stack
emissions. Odors are similar to those of baking bread because of the yeast
and are very weak. With a brewery stack designed as an architectural
element of the building at a height of surrounding ridge lines and care not
to begin a „brewing process during an identified temperature inversion,
emissions should go undetected.
All information available on micro-breweries indicate that the process used
is totally different than that of a large scale industrial brewery. The
sounds and smells associated with an industrial brewery do not exist.
Because of this, the fact that the Water and Sanitation Districts can
provide service and the minimal emissions into the atmosphere, the proposed
Yail Brewery is totally compatible with the Cascade Village neighborhood.
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. ALL WEATHER WIND. ROSE
EAGLE COUNTY
. U.S. CLIMATOLOGICAL CENTER
RBD, INC. Consulting Engineers
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TEMPERATURE VS ALTOTUDE
AS~~N E~VVIR®NMENTAL NEA~TH '
RBL~, Ii~1C. ConsulVin~ Engineers
INCREASLN.G TEMPERATURE
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STRENGTH OF TEMPERATURE INVERSION
.Nov. 13, 1986
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Time of Day
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RBDt INC. Consulting Engineers
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Summary of References:
John-Coffee _..._-- _ ,_ _ _. .__
Eagle County Flight Service
524-7575 ~ ..
Do not keep records of winds aloft.
Keep records of surface winds for a four to five year period.
Records have been summarized at one point in time by the Eagle County
Engineer when the new runway was being designed.
Larry Metternick
Eagle County Engineer
949-5257
Provided a Wind Rose for the Eagle County Airport.
Brian McCarthy
Vail Associates, Inc.
476-5601
Provided weather records kept at PHQ to look through.
Skip Miller
Boulder Brevring Company-
444-8448
'Emissions from the brewery consist of boiler exhaust and water vapor.
Emissions are"too small to affect anything."
Odors cannot be detected "more than 100 feet away."
Located in the center of a light industrial park and office complex
and have never had 'a complaint. The only emission is visual - water
. vapor --.and a few people asked what it was when the brewery first
started ua~
Dillution with wash water is the only "pre-treatment" they use before
discharging wastewater from the brewing process into the sewage
collection system.
Solids are.:. fi-1 tered off first.
The brewery output is 10,000 barrels per year.
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Ruth Wolcoff
Boulder Sanitation District
441-3251
Treat the brewery as an industrial waste discharger, therefore
requiring a discharge permit and routine ~~nQnitoring.
Surcharge for anything over 230 mgl.
Surcharge is $33.22 per 1000 lbs of BOD.
B00 mgl times volume equals lbs per day.
They normally ignore effluent samples from the brewery because they
are so low.
One recent sample was 2150 mgl BOD so they are re-sampling to see if
the sample was erroneous.
George Mathews
Boulder County Environmental Health
441-1180
Knows they exist "somewhere in a highly developed office complex."
They need no permits.
There has never been a complaint.
Rick Bossingham
Aspen Environmental Health Department
925-2020
Provided information relating to Aspen temperature inversions.
Susan Scanlan
Yail Environmental Health Department
476-7000
Stated that Aspen information was characteristic to Yail. Thought
that Aspen inversions occurred more regularly than in Vail and were
stronger. Thought that inversions in Vail happened anywhere from 6 to
12 times during the winter months. The winter of 1987-88 probably did
not experience 6 inversions.
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_ UPPER EAGLE VALLEY CONSOLIDATED
WATER AND SANITATION DISTRICTS
Bd6 FOREST ROAD • VAIL. COLORADO 81657
. ~ 13031 d76 J1B0
AllgtlSt ~+, 1988
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Andy Norris
VAIL BREWERY COMPANY
1000 South Frontage Road West
Vail, Colorado 81657
~ RE: WATER AND SEWER SERVICE FOR PROPOSED BREWERY
Dear Mr. Norris:
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I understand from our meeting of August 3, 1988, that you represent the Vail
Brewery Company which is planning a micro-brewery in Development Area "D" of Cascade
~ Village, Vail. As proposed, the brewery is a batch process, using approximately
125,000 gallons per month and requiring a 1-1/2" water tap. Sewage. discharge would
be free from solids and well below 250 parts per million BOD (biological oxygen
1 demand).
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Based on the above information, the Upper r.agle Valley Consolidated Sanitation
District and the. Vail Valley Consolidated Water District will provide sanitation and
~_ domestic water service for the Vail Brewery at our standard tap fee and service fee
rates. If sewage effluent BOD exceeds 250 ppm, there would be a service fee
:, adjustment propoc~tionate to the increased loading. Also, if the process discharges
L large volumes of wastewater during short periods of time, then these releases should
be timed during off peak periods, between 10 PM and 6 AM.
If I can be of any further help, please call.
Si~nc'e~rely,
L Y1'ER EAGLE VALLEl' CONSOLIDATED SANITATION DISTRI
CT
. ~ ~, ~~
David E. Mott
L General Manager
DEM: il:1 5.33
I PARTICIPATING DISTRICTS - ARROWHEAD METRO WATER • AVON METRO WATER • BEAVER CREEK METRO WATER • BERRY CREEK METRO CLEAN
~ ~ WATER • EAGLE•VAIL METRO WATER • EDWARDS WATER • LAKE CREEK MEADOWS WATER • UPPER EAGLE VALLEY SANITATION • VAIL
~ .
VALLEY CONSOLIDATED WATER • VAIL WATER AND SANITATION
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Parking Demand Analysis and
Parking Management Plan
for the
Proposed
Vail Brewery/Glen Lyon Office
(Cascade Village Development Area D)
Vail. Colorado
Prepared for
Vall Brewery Company
1000 South FYontage Road West
Vail. Colorado 81657
Prepared by
TDA Colorado Inc.
1155 Sherman Street
Denver, Colorado 80203
August 10, 1988
TD.A
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Parking Demand Analysis
Contents
Pa e
Introduction ............................. ................. 1
Proposed Project ....................... .................... 1
Parking Demand Parameters ...................................... 2
Peak Parking Demand .......................................... 4
Parking Needs ............................................... 6
Parking Management ........................................... 6
Parking Layout .... ............. ........... ............ 6
Day-Skier/Commercial Use .................................. ?
Summary .................................................. 8
Figures
Figure 1: Estimated Parking Demand/Supply by Time of Day ............... 5
Tabulations
Table 1: Assumed Travel Parameters .......................' ...... 3
Table 2: .Estimated Number of Persons and Vehicles Present at Peak Accumulation 6
Table 3: Parking Requirements Per Town Standazds ................... 8
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Proposed
VAII, BREWERY/GLEN LYON OFFICE
Parking Demand Analysis and
Parking Management Plan
Introduction - - _; - -
This report describes an analysis of expected parking need for the proposed Vail Brewery.
The brewery is proposed as a remodeling/ redevelopment of the existing Glen Lyon office
building in Cascade Village along South Frontage Road. This project is described as
"Development Area D" in the Cascade Village Development Plan. The 3-story 13,500
square foot gross floor area office building is sited in the western half of the 1.75 acre
parcel. A linear, single bay, head-in, parking lot extends from the east end of the building
320 feet to the east end of the parcel. The 54-space surface parking azea is served by a
single two-way access drive from the I-70 frontage road. Entry to the office building is at
the west end of the lot and along the north face of the building, connected by a ramp
walkway to the parking azea. The north entrance is about eight feet below the frontage
road elevation as the building steps down the slope leading to Gore Creek
Our pazking demand analysis of this unique land use takes into account e~cpected travel
and trip making chazacteristics of Vail Valley visitors and residents.
Proposed Project
The proposed redevelopment consists of three parts:
1) Anew 16,000 square foot guest-oriented microbrewery;
2) Eacpansion and redesign of the existing office space;
3) Addition. of a new 3.000 squaze foot office building and 2,000 squaze foot
residence at the east end of the parcel.
The microbrewery will feature "European Alpine" dining served banquet style in the
evening. The dinner will include live entertainment. Specific uses and attractions will be:
0 6,300 sq.ft. brewhouse, around the clock operating hours
0 200-seat beer hall, 6:00 PM to midnight (1.900 sq.ft.)
0 2,390 sq.ft. limited menu brew pub with 80 table seats (includes seasonal
outdoor deck area) and 40 bar seats. 11:00 AM to midnight
0 420 sq.ft. of retail space (brewery related merchandise)
0 825 sq.ft. museum and reception area
0 1,200 sq.ft. administrative offices
0 560 sq.ft. employee lockers
0 1,060 sq.ft. storage, loading dock and circulation
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Elements of the operations and staffing plan that effect parking demand include:
1. The beer hall will operate on a banquet format with advance reserved seating
~ or it can be reserved for a group gathering (receptrons, award banquets, etc.).
2. Typically one dinner show nightly in the beer hall. A second dinner show
starting at 9:00 PM may be added during peak winter periods and summer
holiday times.
3. 'Typically, two brewery employees on each of three shifts.
~ 4. Fifteen to sixteen food and beverage employees in the beer hall and six in
s
the brew pub through the evening hours.
5. Administrative staff of five to six persons, 8:00 AM to 6:00 PM typical work
day.
Parking Demand Parameters
On-site parking demand will fluctuate by time of year. For design purposes, we have
~ developed typical "high day" scenarios, i.e. a condition that can be anticipated to
accommodate parking needs at all but a few days of the year. From prior experience in
Vail and other Colorado destination resort communities, we have developed a range of
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~ travel behavior indices that reflect typical modes of travel and vehicle occupancy rates by
trip maker (employee, .resident, day and destination visitors). Table 1 depicts the travel
f parameters we utllized for summer and winter visitors to the Vail Brewery.
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For parking demand .analysis we are interested in the number of vehicles expected during
"peak accumulation," i.e. that time of day. when the combination of employees and visitors
on site will be highest.
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Of principal interest is the portion of visitors and employees who will arrive as either a
driver or passenger of a parked vehicle. Employees will heavily rely on private autos
-followed by public transit as their preferred arrival mode. Summer visitors typically exhibit
a much higher use of private autos than do winter visitors. Summer visitors often will
take day trips to and from distant locations. Fewer winter visitors will use a private or
rental car as a way of reaching Vail than in the summer. Even those winter destination
visitors who arrived via auto will often leave their car parked for in-town trips preferring to
use the transit system or walk instead.
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Mode of Arrival
a. Employees
- Winter
- Summer
b. visitors
- Winter
- Summer
Auto_ Occupancy
a. Employees
- Winter
- Summer
b. visitors
Table 1
Assumed Travel Parameters
Proposed Vail Miicrobrewery
Vail. Colorado
% ~v Mode:
Auto Driver/ Drop Public Courtesy
Passenger Off Tr nsit .Van
55 10 30 0
55 10 25 p
47. 0 25 20
68 0 12 5
# Persons/
Parked Car
1.3
1.1
Other Total
5 100
10 100
8 100
15 100
- Winter 3.0
- Summer 2.2
Source: TDA based on the following references:
1. The Colorado Skier. 1977-78 Season, University of Colorado, 1978.
2. Aspen/Pitkin County Transit/TSM Alternatives Study, September,
1978.
3. Idaho Ski Study, University of Idaho, 1978.
4. Vehicle occupancy counts in Park City, Winter Park and Keystone.
The Vail Free Shuttle. public transit system provides year round service for residents and
visitors. The microbrewery site is served by the West Vail South route which travels along
South Frontage Road connecting Cascade Village. Lionshead Village and the Vail
Transportation Center in Vail Village. Site redevelopment will incorporate a bus pull-in for
an eastbound bus stop. This will augment the existing westbound stop across the road at
the Vail Professional Building. The current bus schedule provides hourly service during
summer morning and afternoon peak periods. Throughout winter, the service increases to
every 45 minutes from 7:00 AM to midnight. A number of lodgings in Vail provide
courtesy vans for transporting their guests to and from local attractions. We anticipate
almost half, 45%, of winter visitors will use either public transit or courtesy vans to visit
the microbrewery. Summer visitor use of these modes will be considerably less, 17%, due
to reduced transit service and greater availabllity and reliance on private autos during the
summer.
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. The. site is served by two bikeways--a bike lane alongside eastbound Frontage Road and
bikepath along the south side of Gore Creek. An estimated 15% of summer visitors will
use the bikeways to either walk or bike to the microbrewery. In winter an estimated 8% of
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' the visitors will be "other" as pedestrian or ski-in/ski-out replaces bicycle as the non-
vehicular mode of arrival at the microbrewery.
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Peak Parking Demand
By plotting the e.~cpected number of visitors and employees that could be at the brewery on
atypical busy winter or summer day and then applying the appropriate "parked car" factor
for each category, we arrive at the hourly parked vehicle distribution shown in Figure 1.
As shown, peak accumulation occurs between 7:QO PM and 8:00 PM. At this time >n the
evening, all facilities would be -open and operating and the number of food and beverage
{ employees present would be at the highest level of the day. Not present during peak
accumulation would be administrative staff of the brewery operation and tenants and
visitors to the relocated office building. Parking demand for the office building will
typically be at a maximum in early afternoons, gradually diminishing to just a few spaces
by 6:00 PM. Office parking need is equivalent to 55 spaces for the proposed use per the
town's zoning regulations. We would expect that a block of 50 to 60 spaces will be posted
for "tenant and visitor use onl}~' for the combined office space. This restriction would be in
effect from 8:00 AM to 5:00 PM on weekdays.
Maximum brewery parking demand would occur on a busy summer day with an estimated
demand for 88 parking spaces. Seventy-six of these spaces would be generated by visitor
demand and an estimated 12 spaces used by employees. To afford some level of
assurance of finding available spaces without extensive searching, we suggest visitor
parking. supply. should be slightly .more .than vjsitor parking demand Using a parking
utility factor of 95% would yield a suggested visitor parking supply of 80 spaces. Adding
12 spaces for employee use at this time of day suggests a total brewery.. supply of 92
spaces.. Parking utilization by time of year is summarized in Table 2.
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HIGH SUMMER DAY
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0 10 20 30 40 50 60 70 80 90
PARK ING SPACE S
Figure 1
ESTIf~IATED PARKING DEf•1AND/SUPPLY BY TIME OF D AY
I'roho~ed ~'a i 1 Brc~~erv
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Table 2
~ Estimated Number of Persons and Vehicles Present
# at Peak Accumulation (7:00 PM)
] - Brewery
~- Persons - ~ Vehicles
~ Summer
Employee 24 12
Visitor 244 76
Total 268 88'" (96%)'"
Winter
Employee 24 10
Visitor -
304 49
Total 324 59"' (64%)~'
i Source: TDA based on estimated hourly accumulation of brewery visitors and
j employees.
l• See Figure 1.
2• Utilization, based on 92 space avaffable parking supply.
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' With more winter visitors arriving via public transit and courtesy vans than summer
i visitors, total winter demand would be less--59 spaces. Applying the same utility factor to
the 49 visitor spaces in the total would suggest a typical winter day need of 62 spaces.
Hence, some excess on-site parking capacity would be available, even after compensating
for loss due to snow storage, during. winter months. -
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"~ • Parking Needs
_ The 92-space parking supply discussed above could satisfy anticipated on-site (brewery and
office building) needs for most typical situations, if the .parking is pooled for joint
office/brewery use. -Fifty-five of the spaces. would be earmarked for daytime office use
whffe the remaining 37 spaces would be fuIl time brewery spaces. During evenings and on
weekends, visitor parking should extend into the vacated office parking area.. Suggestions
(_ for managing the proposed. parking supply are discussed in the subsequent section.
Parking Management
The provision of 92 parking spaces to jointly serve the proposed microbrewery and
. ~ remodelled- Glen Lyon office space should be sufficient for all but a few situations. To a
large: extent, these situations can be anticipated because of advance booking requirements.
Furthermore, parking layout and operation can greatly facilitate desired use of the pool of
on-site parking spaces.
Parking Layout--In all likelihood, a two-level single bay parking deck will be needed to
replace the existing 54-space surface lot. A portion of this deck can be cordoned off to
serve the daytime needs of the office space. Thirty to forty of the 55 spaces needed for
office use could be accessed through a gate controlled lower level of the structure. The
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remaining office space could be signed for "tenants of Glen Lyon only." During evening
hours when these spaces are expected to be needed for microbrewery guests, the gate
~, would be lifted for visitor self parking an_ d the signed areas could be used by car hops as
~ valet spaces. Except for spaces marked as " 2-hour visitor spaces," all other pazking stalls
} would be unsigned except for a blanket restriction against _day-skier or other unauthorized
use.
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Dav-Skier/Commercial Use--As shown in Figure 1, daytime use of the parking structure
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' should result in a surplus of 10 to 15 spaces during a typical day in the high winter
.season. During other winter periods this surplus should be higher--perhaps 20 to 25
~ spaces as noontime brewery use is somewhat less. 'These anticipated surplus spaces could
be sectioned off and sold to day-skiers between the hours of 8:00 to 10:00 AM or until
~ they are full, whichever comes first. Pazking would be prepaid and be good until 5:00 PM.
This. provision could help distribute day-skiers to the new Cascade Lift and help alleviate
congestion at the Lionshead Base.
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Comparison with Town Zoning Requirements
~,
As a point of reference. we have summed up the individual components of proposed
microbrewery floor space per Town of Vail Zoning Requirements, for comparLson with our
synthesized approach to supply estimation. As shown in Table 3, the sum of the
1. individual parts would specify 101 parlting spaces. This compares to the 94 spaces per
our analysis (92 spaces for office and brewery plus two residential spaces). The distinction
between the two lies in our premise that spaces used by daytime office workers will be
L used by brewery visitors during the peak evening hours. In essence. we believe the nature
of this attraction and its location with easy access to I-70 will generate higher visitor
parking demand than the Town's respective standazd provides. Conversely, the
compatibility of office and microbrewery uses affords an opportunity to manage the
proposed structured pazking supply effectively for each use.
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7
ORDINANCE N0. 33
Series of 1988
AN ORDINANCE AMENDING SECTION 3.40.150(5); 3.40.130(1);
3.40.130(2); 3.40.170(2); 3.40.120; 3.40.120(6) OF THE
SALES TAX CHAPTER OF THE TOWN OF VAIL MUNICIPAL CODE;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council believes that it will benefit the health, safety, and
welfare of the. inhabitants of the Town of Vail to make certain amendments to the
sales tax ordinance as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. Section 3.40.120(5)(b) is hereby amended to read as follows:
3.40.120(5)(b)
Upon the amount paid for food or drink sew ved qr furnished in or by
restaurants, cafes, lunch counters, cafeterias, hotels, drugstores, social clubs,
night clubs, cabarets, resorts, snack bars, caterers, carry out shops, and other
like places of business at which prepared food or drink is regularly sold, including
sales from pushcarts, motor vehicles, and other mobile facilities. Covered charges
shall be included as part of the amount paid for such food or drink. THE AMOUNT
PAID FOR SALES OF MEALS BY ANY OF THE EMPLOYEES OF THE ABOVE LISTED ESTABLISHMENTS,
WHETHER AT FULL PRICE OR AT REDUCED PRICE, SHALL BE INCLUDED HEREIN.
2. Section 3.40.130(1) is hereby amended to read as follows:
3.40.130 Collection of Sales Tax
(1) Every retailer, also in this Chapter 3.40 called "vendor", shall,
irrespective of the provisions of Section 3.40.140, be liable and responsible for
the payment of an amount equal to four percent (4%) of all sales made by him of
commodities or services specified in Section 3.40.120, and shall, before the 20th
day of each month, make a return to the Finance Director for the preceding calendar
month and remit an amount equal to said four percent (4%) on such sales to said
Finance Director. FOR THE PURPOSES OF THIS PARAGRAPH, ALL SUCH RETURNS AND
REMITTANCE SHALL BE CONSIDERED MADE TO THE FINANCE DIRECTOR ON OR BEFORE THE 20TH
DAY OF EACH MONTH IF THEY ARE SENT VIA THE UNITED STATES MAIL AND ARE POSTMARKED ON
OR BEFORE THE 20TH DAY OF EACH MONTH. IF THE 20TH DAY OF ANY MONTH FALLS ON A
WEEKEND OR HOLIDAY, SAID RETURN AND REMITTANCE MAY BE POSTMARKED THE FOLLOWING
BUSINESS DAY. Such returns of the taxpayer or his duly authorized agent shall be
furnished by the Finance Department. The Town shall use the standard municipal
sales and use tax reporting form and any subsequent revisions thereto adopted by the
Executive Director of the Department of Revenue by the first full month commencing
one hundred twenty (120) days after the effective date of the regulation adopting or
revising such standard form.
3. Section 3.40.130(2) is hereby amended to read as follows:
3.40.130(2)
If the accounting methods regularly employed by the vendor in the
transaction of his business or other conditions are such that the returns of sales
made on a calendar month basis shall impose unnecessary hardship, the Finance
Director, upon written request of the vendor, may accept returns at such intervals
as shall, in his opinion, better suit the convenience of the taxpayer, and shall not
jeopardize the collection of the tax. The Finance Director may permit taxpayers
whose monthly collective tax is less than }"- "~~-~-~~ ~ "~-~ `~'~'- ONE HUNDRED
FIFTY DOLLARS ($150) to make returns and pay taxes_at:intervals not greater than
three (3) months.
4. Section 3.40.170(2) is hereby amended to read as follows:
3.40.170(2)
All sales made to charitable organizations in the conduct of their regular
charitable functions and activities. For the purposes of this Section, the
def inition of "charitable" shall be as follows:
1) The organization shall have applied for, been assigned, and furnished
their Federal Tax exempt institution license number and their State of Colorado
exempt institution license number.
2) For the purpose of this ordinance, "religious", "religious purposes",
and "quasi-governmental", "quasi-governmental purposes" shall be defined as being
charitable or for charitable use only.
3) "Charitable" requires the dispensation of charity and benevolence
resulting in the rendition of service to the community.
4) Sales to ministers, priests, rabbis, or other employees, staff
members, faculty, and students of religious or charitable organizations for their
personal use are taxable.
5. Paragraph 3.40.170(5)(b) is hereby repealed and reenacted with amendments
to read as follows:
3.40.170(5)(b)
For the purposes of this Section (5), the following terms shall have the
following meanings:
-2-
1) Prescription drug means a substance for human consumption used in the
treatment of prevention of disease or other illness, the sale of which is delivered
on a written order, dated and signed by a license practitioner of the healing arts,
specifying the name and address of the patient for whom the medical substance is
ordered, and directions, if any, be placed on the label or dispensed in the
practitioner's office. Prescription drug does not include any medical substance
which may be purchased by the general public without a physician's prescription.
Z) Prosthetic devices means any artificial limb, part, device, or
appliance for human use, which aids or replaces a bodily function; is designed,
manufactured, altered or adjusted to fit a particular patient; and 'is prescribed by
a licensed practitioner of the healing arts. Prosthetic devices include, but are
not limited to, prescribed auditory, opthalmic or ocular, cardiac, dental,
therapeutic, or orthopedic devices or appliances, end oxygen with related
accessories.
3) Licensed practitioner of healing arts means anyone who passed the
State requirements which include testing, degree, residency or internship; who can
legally prescribe drugs as defined herein.
6. Paragraph 3.40.170(5)(c) is hereby repealed.
7. Section 3.40.170(5)(a) is hereby amended to read as follows:
3.40.170(5)(a)
All supplies given, sold, or consumed while an outpatient, inpatient or
emergency room patient at the hospital. All drugs dispensed in accordance with a
prescription; all sales of insulin in all its forms dispensed pursuant to the
direction of a licensed physician, all sales of glucose usable for treatment of
insulin reactions; all sales of urine and blood testing kits and materials; all
sales of insulin measuring and injecting devices, including hypodermic syringes and
needles; all sales of prosthetic devices, all sales of wheelchairs and hospital
beds; all sales of drugs or materials when furnished by a doctor as a part of
professional services provided to a patient; and all sales of corrective eyeglasses,
contact lenses, or hearing aids.
8. Section 3.40.170(6) is hereby amended to read as follows:
3.40.170(6)
All sales and purchases of se~z-iz8 aTr~ ~~ ~ LODGING SERVICES under
the provisions of Section 3.40.020(25) to any occupant who is a permanent resident
of any hotel, apartment hotel, lodging house, motor hotel, guest house, guest ranch,
condominium, townhouse, trailer court, mobile home, auto camp, or trailer court or
-3-
park, and who enters into or has entered into a written agreement for occupancy of a
room or accommodations for a period of at least °~~+,. iGn~ THIRTY (30) consecutive
days during the calendar year or preceding year.
9. Section 3.40.200 of the Municipal Code of the Town of Vail is hereby
amended with the addition of paragraph 10 to read as follows:
If any person, firm, or corporation liable for the payment of any tax
covered by this Chapter has repeatedly failed, neglected, or refused to pay the same
within the time specified for such payment, and the Town has been required to issue
distraint warrants to enforce the collection of any taxes due from such taxpayer,
the Finance Director is hereby authorized to assess and collect the amount of such
taxes due, together with all interest and penalties provided therefore by law, and
also, the following additional penalties for recurring distraint warrants:
A. Three (3), four (4), or five (5) consecutive distraint warrants
issued: fifteen percent (15%) of the delinquent taxes, interest and penalties due
or the sum of twenty-five dollars ($25), whichever is greater;
B. Six (6) or more consecutive distraint warrants: thirty percent (30%)
of the delinquent taxes, interest, and penalties due or the sum of fifty dollars
($50), whichever amount is greater.
10. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed this Ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid.
11. The Town Council hereby finds, determines and declares that this Ordinance
is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
12. The repeal or the repeal and reenactment of any provision of the Municipal
Code of the Town of Vail as provided in .this Ordinance shall not affect any right
which has accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any prosecution commenced, nor any other action or
proceedings as commenced under or by virtue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
INTRODUCED, READ AND APPROVED ON FIRST READING this day of
1988, and a public hearing shall be held on this Ordinance on the day of
-4-
-
1988, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ordered published in full this day of
ATTEST:
Kent R. Rose, Mayor
1988.
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROUED ON SECOND READING AND ORDERED PUBLISHED
this day of
. 1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-5-
~ i
ORDINANCE N0. 34
Series of 1988
AN ORDINANCE ADOPTING THE AMENDED INVESTMENT
POLICY FOR THE TOWN OF VAIL.
WHEREAS, the Town Council adopted Vail Town Council Policy Statement 87-1,
"Investment Policy"; and
WHEREAS, the Town Council has directed that said Investment Policy be amended as
set forth in Exhibit A attached hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
1. The amended Investment Policy attached hereto as Exhibit A and incorporated
into this ordinance by reference is hereby adopted by the Town Council.
2. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed this Ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines and declares that this Ordinance
is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal
Code of the Town of Vail as provided in this Ordinance shall not affect any right
which has accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any prosecution commenced, nor any other action or
proceedings as commenced under or by virtue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
INTRODUCED, READ AND APPROVED ON FIRST READING this day of
1988, and a public hearing shall be held on this Ordinance on the day
of ,1988, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ordered published in full this day of
. 1988.
Kent R. Rose, Mayor
r fi
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of
. 1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
-2-
VAIL TOWN COUNCIL
COUNCIL POLICY STATEMENT 88-1
INVESTMENT POLICY
SECTION I. STATEMENT OF PURPOSE
The Investment Policy of the Vail Towri Council for the Town of
Vail represents the financial boundaries within which its cash.
management process will operate.
Areas covered by this policy include:
II. Scope of Financial Funds to be Invested
III. Investment Objectives
IV. Delegation of Authority for Investment Decisions
V. Investment Prudence
VI. Investment Instruments
VII. Competitive Selection of Investment Instruments
VIII. Interest Allocation Method
IX. Safekeeping and Custody
X. Portfolio Diversification
XI. Maturity Scheduling
XII. Qualified Institutions and Primary Dealers
XIII. Investment Committee
XIV. Reporting Requirements
XV. Monitoring and Adjusting Portfolio
XVI. Internal Controls
Cash management goals shall be developed within the constraints of
this policy statement. Goals shall include:
A. Percentage of cash invested. The Town shall be
earning interest on all available funds for investment.
B. Percentage of Return (Yield). A targeted range of
yields should be stated as a goal. This target yield
goal shall be presented in the annual operating budget.
C. Total Dollar Return Goal. Combines the goals of
percentage of cash available and the percentage of yield
to obtain a total dollar return goal.
SECTION II. SCOPE
This investment policy applies to all financial funds of the Town
of Vail (hereby referred to as the "Town"). These funds are
accounted for in the Towns comprehensive Annual Financial Report
and currently include the: ... _,,
General Fund
Capital Projects Fund
Construction Funds
Special Revenue Funds:
Real Estate Transfer Tax
Parking Fee Fund
Conservation Trust Fund
Enterprise Funds:
Internal Service - Fleet Maintenance Fund
Internal Service - Health Insurance
Debt Service Fund
Special Assessment Funds
Monies held by the Colorado State Treasurer and Eagle County
Treasurer during tax collection periods shall be governed by State
of Colorado and Eagle County investment policies and are not
subject to the provisions of this policy.
SECTION III. INVESTMENT OBJECTIVES
Each investment transaction shall first seek to ensure capital
losses are avoided, whether they are from default of securities or
erosion of market value. The Town, as its second major objective,
seeks to attain market rates of return on its investments. Market
rate objectives must be consistent with constraints imposed by the
primary objective of the safety of principal, internal cash flow
considerations and any Town of Vail ordinance, restricting the
placement of public monies. Speculative investments will not be
allowed. Speculative investments are those attempting to gain
market premium appreciation through short term market volatility
resulting in increased risk and loss exposure. The Town will not
purchase a security which cannot be held to maturity. This does
not mean an investment cannot be sold prior to maturity.
- 2 -
SECTION IV. DELEGATION OF AUTHORITY
Management responsibility for the investment program is held. by
the Town Manager ..and appointed designees. No employee may engage
in an investment transaction except as provided under the terms of
this policy and .any procedures which may be,established by the
Town Manager. The Town Manager shall: review and approve the
monthly investment report (see section XIV).
It shall be the duty of the Controller to manage the day-to-day
operations of the portfolio, and place actual purchase/sell orders
with institutions. In the absence of the Controller, the
Administrative Services Director shall assume these duties.
The authority for the investment philosophy and selection of
investment managers for the Town of Vail Employee Pension Plan and
the Town of Vail Police and Fire Employees Pension Plan shall be
the responsibility of the Pension Plan Trustee as defined in the
pension plan document.
SECTION V. INVESTMENT PRUDENCE
Investments shall be made with reasonable financial judgement and
care, under circumstances than prevailing, which persons of
prudence, discretion and intelligence exercise in the management
of their own affairs, not for speculation, but. for investment,.
considering the primary objective of safety of principal as well
as the secondary objective of the obtainment of market rates of
return.
Investment officers acting in accordance with written procedures
and exercising due prudence shall be relieved of personal
responsibility for an individual security's credit risk or market
price changes, provided deviations from expectation are reported
in an timely fashion, and appropriate action is taken to control
adverse developments.
SECTION VI. INVESTMENT INSTRUMENTS
The Town shall invest in the following accounts, or securities:
1. Fully collateralized or insured interest bearing
checking. accounts, savings accounts, and certificates of
deposit at commercial banks with amount not to exceed
$99,000 if the bank is not designated as a qualified
institution by the Investment Committee.
Collateral shall be limited to treasury bills and notes,
municipal bonds, and government agency bonds and notes.
Real estate mortgages are prohibited for use as
collateral.
- 3 -
SECTION VI. INVESTMENT INSTRUMENTS (CONTINUED)
A commercial bank may use any securities authorized by
the Public Deposit Protection Act as collateral under
the following circumstances:.,
When money is being wired from one bank to another and
for some reason the transaction is not completed and
in order to protect the Town's funds it is necessary
to deposit them into an account for one banking day.
2. Certificates of deposit at savings and loan associations
insured by the FSLIC with amount not to exceed $99,000.
3. Treasury bills, treasury notes, treasury bonds and
Federal agencies securities which are guaranteed by the
full faith and credit of the United States of America.
4. Coupon or discount notes issued by the Federal Home Loan
Bank, or the FNMA.
5. Colorado Public Investment Pools. The Town may
participate in a Colorado Public Investment Pool, the
Colorado Local Government Liquid Asset Trust or other
similar local government pools organized in conformity
with Part 7 of Article 75 of Title 24, CRS, which
provides specific authority for pooling of local
government funds.
6. Money Market accounts which primarily invest in treasury
notes, bills and bonds and governmental agency
securities for which shares may be purchased for $1.00
and liquidated for $1.00.
Repurchase agreements - with either qualified commercial
banks or a primary securities dealer for which a properly ex-
ecuted master repurchase agreement has been entered into by
the Town. Repurchase agreements involving pooled collateral
shall be avoided. The securities used as collateral shall be
safekept in accordance with Section IX on Safekeeping and
Custody.
The Town will concentrate its investment efforts in, but not to be
limited to, U.S. Treasury obligations, certificates of deposit and
interest bearing checking accounts issued by financial
institutions located in the Town, Eagle County and the State of
Colorado.
- 4 -
SECTION VII. COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS
If a specific maturity date is required for cash flow purposes,
bids will be requested for instruments which meet the maturity
requirement. If no specific maturity is required, a market trend
(yield curve) analysis will be conducted to_determine which
maturities would be most advantageous. After selecting a type of
instrument at least two bids should be obtained from similar
institutions. Two bids are not required if treasury bills or
notes are purchased at a treasury auction or for overnight repur-
chase transactions.
The Town may place an investment with a local institution that is
not the highest bidder, provided the bid is not more than 25 basis
points below the highest bidder.
The rate of interest must be at least equivalent to the average
rate of return available in the market place.
It is the responsibility of the Controller to demonstrate
compliance with this section. A local institution is defined as a
bank or savings and loan association doing business inside the
corporate limits of the Town of Vail and/or Eagle County.
SECTION VIII. INTEREST ALLOCATION METHOD
All investments will be in the name of the Town of Vail and in
most cases it will be a general policy of the Town to pool all
available operating cash into a Treasury Cash Management
investment portfolio. However, a specific investment purchased by
a specific fund shall incur all earnings and expenses to that
particular fund. Interest earnings from pooled funds shall be
allocated to all participating funds in the following order:
A. Payment of interest earnings shall be allocated to
designated funds from its specific investments.
B. Payment to the General Fund of an amount equal to the
total annual bank service charges as incurred by the
general fund for all operating funds as included in the
annual operating budget.
C. Payment to the General Fund of a management fee equal to
5% of the annual pooled cash fund investment earnings.
D. Payment to each fund of an amount based on the average
monthly cash balance included in the common portfolio
for the earning period.
- 5 -
SECTION IX. SAFEKEEPING AND CUSTODY
All investment securities (which are held in book entry form)
purchased by the Town shall be held in third-party safekeeping by
an institution designated as primary agent. The. primary agent
shall issue a safekeeping receipt to the-Town listing the specific
instrument, rate, maturity and other. information.
Securities may be purchased from the primary agent's brokerage
department and safekept by the same bank's trust department.
SECTION X. PORTFOLIO DIVERSIFICATION
The Town will diversify use of investment instruments to avoid
incurring unreasonable risks inherent in overinvesting in specific
instruments, individual financial institutions.
Maximum Percent
of Portfolio
Diversification by Instrument:
Money Market & Interest Bearing
Checking Accounts with
Commercial Banks 500
Money Market Accounts 50%
U.S. Treasury Obligations
(Bills, Notes & Bonds) 100%
U.S. Government Agency Securities
(per Section VI.4) 100%
Repurchase Agreements 75%
Certificate of Deposit
Commercial Banks 100%
Certificate of Deposit
Savings & Loan Association 25%
Local Government Investment Pool 100%
Diversification by Financial Institution:
Repurchase Agreements
No more than 50% of the total investment portfolio
shall be secured in Repos with any one institution.
Certificates of Deposit -.Commercial Banks
No more than 20% of the total investment portfolio
shall be secured in any one commercial bank's CDs.
- 6 -
SECTION X. PORTFOLIO DIVERSIFICATION (CONTINUED)
No brokered certificates of deposit.
If the amount of any of the above investments are in excess of the
percentage allowed, it is not considered a violation of this
policy if the amount is corrected within 30 days.
SECTION XI. MATURITY SCHEDULING
Investment maturities for operating funds shall be scheduled to
coincide with projected cash flow needs, taking into account
large routine expenditures (payroll, bond payments) as well as
considering sizeable blocks of anticipated revenue (sales tax,
property tax). The average maturity of the portfolio shall never
exceed 2 years.
SECTION XII. QUALIFIED INSTITUTIONS AND PRIMARY DEALERS
Qualified banks - can only be commercial banks and the Town's
investment with the bank may be in excess of $100,000. The Town's
Finance Controller shall obtain and review the bank's quarterly
consolidated report of condition ("Call" Report) - the annual
audited financial statements, the monthly listing of securities
pledged for collateralization, and the independent bank
evaulation, quarterly, to determine that the bank meets the
standard selection criteria established by the Investment
Committee.
Non-qualified banks - can be either commercial banks or savings
and loans and the Town's investment with the bank is or will not
be in excess of $99,000. The Finance Controller shall inquire
with bank officials and/or review an independent bank evaulation
to determine the bank meets the standard selection criteria
established by the Investment Committee.
The Town. shall select a primary bank, the bank the Town uses to
process daily deposits and checks, every two years. A formal
request for proposal should be used in the selection process.
Securities dealers not affiliated with a bank shall be required to
be classified as reporting dealers affiliated with the New York
Federal Reserve Bank, as primary dealers.
- 7 -
SECTION XIII. INVESTMENT COMMITTEE
There is hereby created an investment committee, consisting of the
Town Manager, Administrative Services Director, and the Finance
Controller. Members of the committee will meet at least quarterly
to determine general strategies and to, monitor results. Minutes
of the decisions made by the investment committee shall be kept on
file in the Town Clerk's Office. The committee shall include in
its review and deliberations such topics as: potential risks,
authorized depositories, rate of return, maturity structure and
investment transactions.
SECTION XIV. REPORTING REQUIREMENTS
The Finance Controller will submit a monthly investment report
which discloses investments on the last day of each month. This
report will be distributed to the Town Manager, Town Council
Members, and the Administrative Services Director. The Finance
Controller will present at least semi-annually the investment
report to the Town Council.
SECTION XV. MONITORING AND ADJUSTING THE PORTFOLIO
The Finance Controller will routinely monitor the contents of the
portfolio, the available markets and the relative values of
competing instruments, and will adjust the portfolio accordingly.
SECTION XVI. INTERNAL CONTROLS
The Finance Controller shall establish a system of written
internal controls, which shall be reviewed annually by the
independent auditor.
The effective date of this policy shall be the day of
19
Kent Rose, Mayor
- 8 -
RESOLUTION NO. 39
Series of 1988
A RESOLUTION DESIGNATING CENTRAL BANK OF DENVER AS A
DEPOSITORY FOR THE FUNDS OF THE TOWN AS PERMITTED BY THE
CHARTER OF THE TOWN, ITS ORDINANCES,`AND THE STATUTES OF THE
STATE OF COLORADO.
WHEREAS, the Town has the power to designate banks or
financial institutions as depositories for funds of the Town; and
WHEREAS, the Town wishes to designate Central .Bank of Denver
as a depository for the funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Vail, Colorado, as follows:.
1. Central Bank of Denver is hereby designated as a
depository for the funds of the Town of Vail.
2. Charles Wick, the Director of Administrative Services of
the Town of Vail, or his successor, and Steve Thompson, Financial
Controller of the Town of Vail, or his successor, are hereby
authorized to open a public super now account in the name of the
Town of Vail at Central Bank of Denver.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 27th day of
October 1988.
Kent Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
RESOLUTION N0. 40
Series of 1988
A RESOLUTION OPPOSING PROPOSED AMENDMENT 6
OF THE COLORADO CONSTITUTION.
WHEREAS, the proposed Amendment 6 to the Colorado Constitution will be submitted
to the voters at the General Election on November 8, 1988; and
WHEREAS, Amendment 6 will impose severe limitations on the ability of the Town
of Vail to raise all revenues related to any tax, license, permit or fee; and
WHEREAS, Amendment 6 will impose severe limitations on the ability of the Town
to issue all types of debt related to general obligation bonds, short term
borrowing, lease purchasing, or debt refinancing; and
WHEREAS, Amendment 6 repeals the existing real estate transfer tax which will
cause severe hardship on the Town, in that the Town has nine hundred thirty-two
thousand dollars ($932,000) in outstanding debt paid from the real estate transfer
tax fund which would have to be paid from alternative existing revenues used for
other Town services; and
WHEREAS, Amendment 6 repeals the real estate transfer tax which eliminates the
future purchasing of open space and severely restricts the development and
improvement of bike and recreation paths and parks within the Town; and
WHEREAS, Amendment 6 will cause many service level reductions in the Town which
heretofore have been desired and/or mandated by the citizens of the Town; and
WHEREAS, the Town Charter and the Town ordinances adopted by the citizens of the
Town of Vail contain reasonable and. practical provisions for the self-government of
Vail by its citizens and elected Town officials; and
WHEREAS, Amendment 6 creates a statewide approach to taxation and fails to
recognize special local needs or the desires of the citizens of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The Town Council hereby sets forth its strong opposition to proposed Amendment 6
of the Colorado Constitution and urges all registered voters to reject Amendment 6
at the General Election on November 8, 1988.
INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of November, 1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
~'.;,- r
`~1ai1 Associates,Ir~c.
Creators and Operators of Vail"~ and l3eaver Creek'"~
SITE OF T1 IE 19H9 WORLD ALPINE SKI CEIF.1`.4PIONSI-IIPS
October 14, 1988
Ben Krueger
Golf Course Superintendent
Vail Metropolitan Recreation District
C/0 Town of Vail
75 S.Frontage Rd.
Vail, CO 81657
Dear Ben:
I just found time yesterday to walk the cross-country ski trail on the
Katsos property, on which Jim Sanders .and I had consulted with you
earlier this summer. You and your crew did a beautiful job of clearing
and widening it so that we will have separate lanes for two-way traffic.
This will be especially beneficial when we have large races such as the
Governor's Cup and the High School Championships.
There is surprisingly little environmental impact. The piece of trail
along Gore Creek is especially nice. I commend you for the effective job
and am amazed you completed it so soon.
We look forward to a good winter cross-country season with your help in
setting track on the Vail Golf Course.
Sincerely,
VAIL ASSOCIATES, INC.
Jean Naumann
Vail/Beaver Creek
Cross Country Ski Centers
CC: Barb Masoner
Pat Dodson
Larry Lichliter
Jim. Sanders
JN/cw
Post Office Rox 7 • Vail, Colorado 81658 • USA - (303) 476-5601 • Telex: 910-920-3183
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RESOLUTION N0. 40
Series of 1988
A RESOLUTION OPPOSING PROPOSED AMENDMENT 6
OF THE COLORADO CONSTITUTION.
WHEREAS, the proposed Amendment 6 to the Colorado Constitution will be submitted
to the voters at the General Election on November 8, 1988; and
WHEREAS, Amendment 6 will impose severe limitations on the ability of the Town
of Vail to raise all revenues related to any tax, license, permit or fee; and
WHEREAS, Amendment 6 will impose severe limitations on the ability of the Town
to issue all types of debt related to general obligation bonds, short term
borrowing, lease purchasing, or debt refinancing; and'
WHEREAS, Amendment 6 repeals the existing real estate transfer tax which will
cause severe hardship on the Town, in that the Town has approximately nine hundred
thirty-two thousand dollars ($932,000) in annual debt service paid from the real
estate transfer tax fund which would have to be paid from alternative existing
revenues used for other Town services; and
WHEREAS, Amendment 6 repeals the real estate transfer tax which eliminates the
future purchasing of open space and severely restricts the development and
improvement of bike and recreation paths and parks within the Town; and
WHEREAS, Amendment 6 will cause many service level reductions in the Town which
heretofore have been desired and/or mandated by the citizens of the Town; and
WHEREAS, the Town Charter and the Town ordinances adopted by the citizens of the
Town of Vail contain reasonable and practical provisions ,for the self-government of
Vail by its citizens and elected Town officials; and
WHEREAS, Amendment 6 creates a statewide approach to taxation and fails to
recognize special local needs or the desires of the citizens of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
The Town Council hereby sets forth its strong opposition to proposed Amendment 6
of the Colorado Constitution and urges all registered voters to reject Amendment 6
at the General Election on November 8, 1988.
INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of November, 1988.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
~~tur~. ~ 0 •ot~• d8
eagle Restaurant Company, Incorporated
~-
Cyrano's Restaurant
X98 Hanson Ranch Road
Vail, Colorado 816 7
(303.) 476-~~~1, _ ;; _
THE VAIL TO'~tilN COUNCIL
VAIL COLORADO 81657
DEAR VAIL TO'VJN COUNCIL,
I fn10ULD LIKE TO TAKE THIS OPPORTUNITY TO INTRODUCE MYSELF AND
EXPRESS NiY DESIRE TO FILL T'riE VACANT POSITION ON THE TO'~!N OF
VAIL LIQUOR BOARD.
P1Y NAND IS KEVIPI CASSIDY. I HAVE BEEN A RESIDENT OF VAIL FOR
ELEVEN YEARS. I HAVE BEEN EMPLOYED BY VAIL ASSOSIATES, S~~'T
BASIL, AND FOR, THE PAST NINE YEARS BY CYRANOS AS BARTENDER,
ASSISTANT BAR N',ANAGER, AND CURRENTLY AS BAR MANAGER.
CYRANOS HAS BEEN EXTR~LY ACTIVE IN CON! lITY EDUCATION AND
INVOLVr~1ENT ~'JITH REGARDS TO SERVER LIABILITY, RESPONSIBLE
COAISUMPTION, ALCOHOL AWARENESS AIQD RELATED SEMINARS SUCH AS
T. I. P. S. AND B.R.I.T:E. CYRANOS WAS ALSO INSTRUN~NTAL IN
DEVELOPING MANY OF THE POLICLES AND GUIDELINES OF THE TO~.JN OF
VAIL'S LIQUOR SEMINAR TAUGHT BY OFFICERS TOM SHEELY AND BRIAN
TERRETT.
I BELIEVE, WITH THIS BACKGROUND AND TzIE FACT THAT I AM DIRECTLY
INVOLVED IN THE FOOD AZJD BEVERAGE INDUSTRY, I COULD ADD
ADDITIONAL INSIGHT, OVr~RVIEW AND BALANCE TO THE TOWN OF VAIL
LIQUOR BOARD.
THANK-YOU FOR YOUR CONSIDERATION.
SIN~',ERELY, -`~
KF,VIN~ 3IDY
BAR MANAGER V
CYRANOS
RESOLUTION NO. 41
Series of 1988
A RESOLUTION SUPPORTING THE TOWN OF MINTURN'S CONTINUED
FUNDING FROM THE COLORADO HIGHWAY CQMMISSION TO CONSTRUCT
IMPROVEMENT TO U.S. HIGHWAY 24. ~ ~~~
WHEREAS, the Colorado Highway Commission has included funding
for design and construction of improvements to U.S. Highway 24 from
the Town of Minturn to Dowd Junction.
WHEREAS, U.S. Highway 24 is a major route for guests and
workers commuting to Vail.
WHEREAS, U.S. Highway 24 has had a history of traffic
accidents due to its narrow, winding configuration.
WHEREAS, the Town Council of the. Town of Vail believes it to
be in the best interest of the Town of Vail, the County of Eagle
and the State of Colorado, that funding for design and construction
of improvements for U.S. Highway 24 be included in the State's
five-year plan.
NOW, THEREFORE, be it resolved by the Town Council of the Town
of Vail, Colorado, that:
The Town Council of the Town of Vail hereby requests that
continued funding be made available for improvements to U.S.
Highway 24.
INTRODUCED, READ, APPROVED AND ADOPTED this 1st day. of
November, 1988.
Kent Rose, Mayor
Town of Vail, Colorado
ATTEST
Pam Brandmeyer, Town Clerk
Town of Vail
a
~..~.,
lowo o uai "'
75 south frontage road
vail, Colorado 81657
(303) 476-7000
office of the town manager
VAIL 1989
November 1, 1988
Mr. Chris Nanen
President
Lionshead Merchants Association
c/o Lion Square Lodge and Conference Center
660 West Lionshead Place
Uail, Colorado 81657
Dear Chris:
Thank you for your letter concerning the Lionshead Merchants Association
sponsorship of the 'Jail Arts Festival last summer. I concur with Pamela
Story in praising the Lionshead Merchants Association for a tremendous
amount of help and support to the Arts Festival which contributed to its
success.
I agree with your critique that more can
throughout the Core areas to Lionshead.
is now being implemented may do quite a
you have noticed the two prototype signs
Bus Plaza at Slifer Square, one of those
gondola to the west.
be done to direct people
The Town signage program which
bit to address this need. If
that have been placed in the
indicates Lionshead and the
All of the signs we have ordered should be installed sometime in
November, and many of them will be indicating Lionshead and the gondola
locations from many key pedestrian points in Vail. Once you see the
antire array of pedestrian oriented signs following installation and
have some experience with how the system is working, I would appreciate
your further comments and suggestions on the system and whether it is
adequate to meet your needs.
Mr. Chris Hanen
November 1, 1988
Page 2
We will also be installing. quite an array. of directional signs on the
frontage roads which are designed to give better directional information
on the Lionshead location as well as other Core areas. These also are
scheduled to be installed by early December.
Sincer 1 ,
..'t~~
ondall V. Phillips
Town Manager
RVP/bsc
cc: Vail Town Council
RE'~:~ OCT 1 0 19$8
October 10, 1988
Ron Phillips, Town Manager
Town of Vail .._ _-
75 S. Frontage Rd.
Vail, W 81657
Re: Vail Valley Arts Festival
Dear Ron,
I am writing this letter on behalf of the Lionshead Merchants Association
membership,- which represents approximately seventy businesses in the Lionshead
area. As you may or may not know, the Lionshead Merchants Association was the
major sponsor of the Vail Valley Arts Festival which was held in Lionshead
over the weekend of July 9-10. The financial support provided by our
Association to do this event in terms of complimentary accommodations, cash
for awards, advance radio advertising and live remote promotion on radio
amounted to approximately $10,000. We are obviously committed to this event
which we feel benefits not only Lionshead, but all of Vail, as it provides an
additional activity for both locals and tourists from outside of our area to
enjoy.
In critiquing the Arts Festival at our meeting, everyone felt that overall, it
was a successful event and one which we should continue to support in the
future. It was, however, felt that the town could provide more support for
the Vail Arts Festival by providing more substantial and visible signage
throughout the public areas of Vail directing people to Lionshead.
I would appreciate your thoughts on how we might involve the town in achieving
better exposure for Lionshead during next year's Arts Festival. Please let me
know if there is a convenient time when we could meet or talk over the phone.
I appreciate your taking the time to give some thought to this matter.
S' cer ly,
Chris Hanen, President
Lionshead Merchants Association
CH/kb
cc: Vail Town Council (7)
Mike Phillips, Association Treasurer/LMA
..
1 ~~j~>~~Z~~2~
August 10, 1988
P1r. Chris Hanen, President
Lionshead Merchants Association
c/o Lion Square Lodge and Conference tenter
660 West Lionshead Place
Vail, Colorado 81657
Dear Chris:
Thank you for all your assistance with the Vail Arts Festival this
year. Your help along with the Lionshead Merchants Association was
what made the difference in our having a successful show on July 9th
and 10th. Please convey our heartfelt thanks to all of the merchants
who participated in promoting the Vail Arts Festival being on the
Lionshead Mall.
We look forward to next year when the Vail Arts Festival h will be
on Saturday and Sunday, July 8th and 9th. We would like to continue
to have it located on the Lionshead Mall if it would be similar to
this year's involvement by the Lionshead Merchants Association.
We hope that the Vail Arts Festival brought a great increase in the
traffic and sales for the Lionshead merchants during those two days.
We had some feed-back that it was very successful for them.
Please let us know Sf the Lionshead Merchants Association would like
to sponsor the Vail Arts Festival 6 so that we can coordinate all the
publicity on it in order to include-the association in the advertising.
If done soon enough, all the publicity will include the association's
name reference for artists as well as the general public. We could
also do an article concerning this joint venture project..:plus any
other ideas?
We wish you and the Lionshead rierchants Association much success.
Sinc~,
Pamela Story
Festival Coordinator
Eagle Valley Arts Council
P. O. Box-1153 Vail, Colorado 81658 (343) 476-4255
~'~C'U OCT 3 1 1988
CML
Colorado Municipal League
1660 Lincoln Street, Suite 2100
Denver, Colorado 80264
(303) X31-6411
TO: Executive Board
FROM: Ken Bueche, Executive Director
SUBJECT: Speech Notes on Amendment 6
DATE: October 27, 1988
Enclosed for your information and use if you desire are speech notes
prepared for Amendment 6.
We thought this might be helpful to you.
.. ~ ,
Speech Notes
Prepared by CMl_ 10/25/88
Remarks on Amendment Number 6
Introduction `
General Description
How many of you are familiar with Amendment 6? How many have read its textY
* It is referred to by its supporters as "The Taxpayer's Bill of Rights.°
* It would better be described as a comprehensive initiative which (1) limits new and
increased taxes and fees, (2) repeals or reduces various existing taxes,- (3) shifts taxes
to other taxpayers.,. and (4) generally rewrites Colorado's public finance laws.
Status of Initiative
* Protests to the validity of the petitions and signatures placing the measure on the
ballot have been withdrawn. Amendment 6 will definitely be on the November 8
ballot!
Summary
(See text and summary at end of "Speech Notes" for reference purposes. Summary is
generally too long for .speech. Suggest commencing with a brief summary of highlights if
required or desired.)
Principal Arguments Against the Amendment
* Jobs and economic growth.
Colorado's top priority is economic development and creating new jobs. The passage
of Amendment 6 would be the death knell for these and similar efforts. Few new
businesses are going to locate -nor will existing businesses prosper - in a state
which refuses to support its schools., maintain its roads,. and fund its police and
prisons.
* Disasters and emergencies
One of government's chief obligations is to respond to disasters and emergencies.
But Amendment 6 would encourage people to second guess the emergency response in
an election held months later. It's all right there in Section 3 of the amendment.
This Monday morning quarterbacking is ill-conceived and will cause great difficulty
at the moment when quick action is essential.
* A tax rollback Colorado can't afford.
The proponents are trying to sell Amendment 6 as a tax limitation. But it is really a
tax rollback of massive proportions. Alt around Colorado public budgets are
stretched and stressed. If we rollback taxes now,. critical services will be at risk and
critical needs will go unmet. No one likes taxes or wants to pay them. But taxes and
spending in Colorado are under control. In 1986, Colorado ranked 40th out of the 50
states in combined state and local tax collections per $1,000 of personal income.
Further rollbacks will have a devastating effect on public schools, as well as on law
enforcement and public safety.
* A massive Lax increase on farmers and ranchers.
Amendment 6 would deal a crippling blow to farmers and ranchers,. and to all of rural
Colorado which is already struggling through tough times. By requiring that all
property be assessed at market value.,- the amendment would increase property taxes
on agricultural land by a huge amount.
* It's inflexible, impractical and extreme.
Amendment 6 goes way beyond tax elections. It would also require a vote on many
fee increases at any level of government. Everything from fishing licenses to
marriage licenses to the towel fee at the high school gym could wind up being voted
on in an election. Ballots could contain literally hundreds of such items while
government would operate with greatly reduced efficiency and effectiveness.
* The principle of representative government.
The principle of representative government has worked well in this country for over
200 years. We elect officials to make complex decisions about taxes and services,
and then hold them accountable. Amendmeni 6 is a major change to this system.
* Other vital public services would also suffer.
The tax rollback and funding crisis would have grave consequences for other public
services on which the public places considerable value. Such services at risk include
emergency medical care, public hospitals,. job training,. held for the disadvantaged.,.
and programs for senior citizens.
Impact on State and Local Revenues and Services (optional)
Citizens must evaluate how Amendment 6 will affect services important to them. Here
are some facts concerning reduction in revenues which would otherwise be available to
finance state and local government services:
* The Colorado Legislative Council staff has estimated a $128.3 million annual state
individual income tax revenue loss from the requirement that the state income tax
rate can't exceed 90% of the 1987 individual rate.
* The Colorado Legislative Council staff has estimated a $29.5 million annual state
corporate income tax revenue loss from the requirement that all taxable income
must be taxed at one rate.
* The rollback in residential property tax revenues to meet the 1 °% cap for residential
property will substantially reduce local government revenues The Colorado
Legislative Council staff estimates this loss to exceed $267 million annually
statewide, including over $160 million in lost school district revenue.
* Repeal of all municipal real estate transfer taxes will reduce tax revenues directly in
the municipalities of Aspen, Avon-, Crested Butte, Glendale., Gypsum., Rifle.,.
Snowmass Village., Telluride, Vail,. and Winter Park.
2
* The $250 per personal property schedule tax credit will substantially reduce state or
local revenues, depending upon which level of government is required to fund those
credits. This annual loss has been estimated to exceed S59 million.
* The repeal of all 1988 tax increases will reduce revenues for affected jurisdictions.
* The 3% "reserve" requirement will reduce allowable expenditures below revenue
levels, making even less money available to provide services.
Additional Analysis (optional)
Impact on Economic Development
Let's take a close look at how Amendment 6 might impact economic development and job
creation in Colorado and in individual communities.
* Requirement for an election on all tax "increases" jeopardizes over $100 million
annually in highway revenues which will sunset in 1989.
* Every need to increase state taxes for highway construction and maintenance will
require approval at a statewide election.
* Requiring two-thirds voter approval for all general obligation debt will make it
difficult to construct public facilities necessary to attract economic development
and to service existing and new development.
* Tax incentives to encourage business relocation to Colorado will be prevented or
made more difficult by requirements subjecting future enactments of tax
exemptions,. deductions, credits,- and deferrals to approval at a general election.
* Tax repeals and rollbacks mandated by the amendment will substantially reduce state
and local revenues currently available to enhance economic development.
* Passage of Amendment 6 will send a message that Colorado is not willing and able to
provide the education,. services -and infrastructure needed to attract businessess and
jobs to Colorado.
Responding to Emer encies
Proponents point to provisions which allow government officials to raise taxes without an
election when emergencies exist. Would Amendment 6 really work in emergency
situations?
* Emergency exceptions which allow tax increases without voter approval are narrowly
defined to preclude emergency action covering revenue shortfalls or emergencies
caused by other economic conditions.
* These emergency tax increases which are permitted under the amendment are
jeopardized by requirements for refunds in the event the emergency tax action is not
approved at a subsequent election.
Tax Limits or Tax Shifts
The adage goes-,. "The only fair tax is the tax which the other guy pays." That adage can
be seen working in Amendment 6, which clearly shifts taxes rather than merely limiting
them.
3
* Assessment of all property at market value would dramatically increase property
taxes on agricultural land.
* Repeal of all real estate transfer and recording taxes will benefit large absentee
property owners.
* The $250 per personal property schedule tax credit will particularly benefit select
taxpayers who own taxable personal property in multiple locations.
Restrictions on Citizen Rights
* Requiring two-thirds voter approval of bonded indebtedness vests in a minority of
voters control over community improvements and services.
* Inclusion of detailed restrictions on local financing shifts .control of local finances
and services from the local government to the state,. thereby diminishing the local
citizens" voice concerning such issues.
* Limiting election dates to once each year for taxes and once every two years for
licenses,. permits-, and fees prevents timely scheduling of elections on problems which
citizens wish to address immediately.
Representative Government or Government by Election
Government in Colorado and federal., state and local government generally is founded on
the principle of representative government. Elected representatives take the time to
study,. listen and evaluate and then make the difficult and often involved decisions on tax
rates,. tax bases and exemptions., fees, licenses and permits.,. and the type and mix of
government services. Amendment b moves Colorado a long way from representative
government to government by election.
Comparison of Colorado taxes to Other States
Proponents claim that government and taxes are out of control in Colorado. Let's
examine the facts:
* In fiscal year 1986 Colorado ranked 40th among the 50 states in combined state-local
tax collections per $1,,.000 of personal income. (Rank of 1 is the highest tax,. rank of
50 is the lowest [source: Colorado Public Expenditure Council Report,. How Colorado
Compares,.1988 edition, page 11].)
* Colorado's Gross State Product attributable to government has actually decreased
from 14.6% in 1963 to 14.0% in 1986. (Source: Colorado Public Expenditure Council
Report, Colorado Gross State Product 1963-1986.,. Report XXXV,. No. 3,. September
29, 1988,. Page 1.)
Concluding Remarks
Far reaching implications to Coloradoans.
What you can do.... Spread the word.
Let's look behind the cover and read the fine print!
4
~~
BE IT ENACTED BY THE PEOPLE OF THE STATE OF COLORADO: '
Article X. Section 21
1. GENERAL PROVISIONS
This is the Taxpayer's Bill of Rights. It takes effect December 31, 1988 unless otherwise stated. "District" includes the State and all
lower levels of government. Supplemental State statutes require a 2/3 vote of the membership of each house. Parties may file in-
dividual or class action lawsuits, which shall have first judicial priority. If the-suit succeeds, the district shall within 60 days, and with
10% annual interest, refund any illegal revenue and reimburse plaintiff for casts tricluding attorney fees.
2. TAX ELECTIONS
Any new tax, tax rate increase, or other change in district policy, except changes allowed in section 10.c., that causes a net gain in tax
revenue requires voter consent in advance except in section 3 emergencies. The measure shall be on a State or district general elec-
tion ballot scheduled within 12 months or, if none scheduled, on the first Tuesday in November. 25 days notice, titled "NOTICE OF
ELECTION TO RAISE TAXES", shall be mailed to each elector residence, listing: The election date, hours, and polling place: the next
fiscal year's estimated revenue with and without the tax: the spending totals of the past 5 budgets: what groups would pay more taxes:
the tax expiration date or "None"; and an outline up to 100 words stating how the money would be spent. A summary up to 100 words
o(any filed crit+cisms shall be included. If a challenge be tiled within 10 days after the election, major defects in notice shalt inval+date
the tax. Whenever an amount equal to 5% or more of the new revenue is diverted from the designated expend+tures, the tax must be
reduced by that amount. Effective July 1, 1989, the initiative and referendum powers for cities shall apply to all local tax+ng districts.
3. EMERGENCIES
Emergency taxes are valid only if the district meets all of these terms: '
a. It seeks funds only for the difference between reserves, plus State and Federal funds available, and +ts estimated
emergency costs until the next available tax election date.
b. The emergency is declared and defined by 2/3 of the membership of the elected district board or of each house of the State
Legislature.
c. Funds raised are used only for emergency expenses.
d. A tax election on the next available date must secure voter consent or the tax is voided retroactively.
e. Revenue shortfalls, economic conditions, or the effects of this amendment are not emergencies.
4. RESERVES
Each district shall reserve 3% or more of its budget for declared emergencies only. The reserve has first claim on revenues when
below 3.%. Revenue shortfalls, economic conditions, or the effects of this amendment are not emergencies. This section takes effect
July 1, 1989.
5. DEBT ELECTIONS
All future government orgovernment-backed debt extending past the fiscal year requires a 2/3 voter majority. Section 2 requirements
shall apply, substituting "debt" for "tax" where appropriate.
6. PROGRAM SHIFTS
Excepting public education through grade 12, local districts may cut or end spending programs the State Legislature delegates to
them for administration under State guidelines but without full State funding, effective July 1, 1990
7. REVENUE SHIFTS
Licenses, permits, and fees may be enacted or raised only in a general election unless raised no more than net changes since January
1, 1989 in the United States Bureau of Labor Statistics Consumer Price Index ("C.P.I.")for all Denver urban consumers. Except sec•
lion 8 credits, future enac,~ments of exemptions, deductions, credits, deferrals, or other special tax benefits require approval in a
general elecUOn.
8. SPENDING LIMITED
Percentage increases in fiscal year State spending, including reserves but not debtor Federal funds, shall not exceed the percentage
change in state population in the prior calendar year, using Federal census estimates, plus that prior calendar year's C.P.I. percen-
tage change, except by net changes in voter-approved revenue after June 30. 1990. A negative percentage total requires reduced
spending. Excess revenues shall be refunded in the next year by an income tax credit proportionate to each income tax overpayment.
This takes effect July 1, 1990.
9. TAXES REPEALED
a. Record+ng or transfer taxes on real property are prohibited.
b. Any new tax or tax rate increase first effective in 1988 without voter consent is repealed.
10. TAXES REDUCED
Starting with 1989 taxes:
'a. The State income tax rate may exceed 90% of the 1987 individual rate only by tax election. All taxable income shall be taxed at one
rate. '
b. A personal property tax credit and tiling waiver of $250. per tax schedule location, annually adjusted for C.P.I. changes, is
established.
c. Except voter-approved debt, the maximum annual tax on residential real property shall be 1 % of the last assessed market value.
Except changes in physical condition, real property shall be reassessed every two years based on its market value on January 1
two years before. All milt levies shall be set annually to yield no more than the prior year's revenue, adlusted for any C.P.I.
decreases and up to 5 % in annual increases, plus new construction revenue and voter approved changes. School districts may
also adjust for annual percentage changes in student enrollment since the later of these: its last adjustment: or their last tax or
debt election. Unapplied C.P.I. and other increases carry forward.
d. No reoea! of programs yielding lower tax liability is +ntended. 6
The Amendment:
Summary
• Applies to state government and to all local govern-
ments, including home rule municipalities, and will be
effective December 31, 1988, except where otherwise
specified
• Requires any "supplemental" state statutes to be
approved by a two-thirds vote of the members of each
house of the General Assembly.
• Authorizes individual or class action lawsuits having
judicial priority to enforce and construe its provisions.
Successful litigants are entitled to costs and attorney fees.
Any refunds due for illegal revenue are payable by the
governmental entity within 60 days with 10% annual
interest.
• Generally requires voter approval for any new tax, tax
rate increase, or other change in tax policy that causes a
net gain in tax revenue.
• Requires any election on a proposed tax increase to be
held at the state or local government's "general election"
(presumably the entity's regular election date) or, if one is
not scheduled within 12 months, on the first Tuesday in
November. Any such tax election requires notice of the
election to be mailed to each"elector residence", and the
notice must contain detailed information on the nature of
the proposal.
• Requires a corresponding reduction in tax revenue
whenever 5 % or more of new revenue is diverted from its
designated expenditure.
• Extends to all local governments the initiative and
referendum power now applicable only to municipalities.
• Includes limited exemptions from prior voter approval
for tax increases if the funds are used only for emergency
expenses and the emergency meets stated criteria. "Rev-
enue shortfalls, economic conditions, or the effects of this
amendment" aze specifically excluded from treatment as
emergencies.
• Requires any emergency tax increase to be approved at
the next available election date, and requires its proceeds
to be refunded if the voters fail to ratify the tax increase.
• Requires the state and local governments after July 1,
1989, to reserve and retain at least 3% of their budget for
declared emergencies, with "emergencies" defined to
exclude revenue shortfalls, economic conditions, or the
effects of the Amendment.
• Requires all future state and local government debt
which extends beyond the fiscal year to be approved by a
two-thirds majority vote of electors. The election date and
notice ,re,guirements aze the same as for tax increase
elections.
• Authorizes effective July 1, 1990, any local govern-
ment to "cut or" end any state programs (except for
public education-kindergarten through grade 12) which
the General Assembly mandates without "full" state
funding.
• Requires voter approval in a general election for any
new state or local government licenses, permits, or fees or
any increased licenses, permits or fees which exceed the
net changes since January 1, 1989, in the U. S. Bureau of
Labor Statistics Consumer Price Index (C.P.I.) for all
Denver urban consumers.
• Generally prohibits' future enactments of exemptions,
deductions, credits, deferrals, or "other special tax
benefits" unless approved at a general election.
• Limits effective July 1, 1990, increases in state fiscal
year spending, including reserves but excluding federal
funds and debt, to no more than the percentage change in
state population in the prior calendar yeaz plus the prior
calendar year's C.P.I. percentage change except for net
changes in voter-approved revenue after June 30, 1990.
When state population and C.P.I. changes are negative,
reduced spending is required. Excess state revenues must
be refunded in the next yeaz by an income tax credit
proportionate to each income tax overpayment.
• Repeals existing and prohibits future enactment of
recording or transfer taxes on real property.
• Repeals any new taxes or tax rate increases which first
became effective in 1988 without voter consent.
• Reduces effective with 1989 taxes the state income tax
to 90% of the 1987 individual rate unless a higher rate is
approved at an election. All taxable income would be
taxed at one rate.
• Establishes effective with 1989 taxes a personal property
tax credit and- filing waiver of $250 per tax schedule
location, annually adjusted for C.P.I. changes.
• Limits the maximum annual tax on residential real
property, except for voter approved debt, to 1 % of the last
assessed market value.
• Requires real property to be reassessed every two
years and apparently requires assessment to be based on
January 1 market value two yeazs before.
• Limits annual property tax increases of all local
governments to yield no more than the prior year s
revenue, requiring downward adjustments for any C.P.I.
decreases and allowing upwazd adjustments of up to 5%
annually when the C.P.I. increases, plus new construction
revenue and voter-approved changes. School districts
would also be allowed to adjust for annual percentage
changes in student enrollment. Allows unapplied C.P.I.
and other increases to be carried forward and used in a
subsequent year.
• Clarifies that the Amendment is not intended to repeal
existing tax programs which yield lower taxes.