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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 -2- 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 -3- w 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. -2- 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 -3- r. 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. -2- 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 -3- 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 -1- 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 - 11 - 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. 13 .. ti 1 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. r, r r t I t 1 1 1 L L L L L L ti ,~; E '} SPECIAL DEVELOPMENT DISTRICT ANfENDMENT AND ENVIRONMENTAL IMPACT REPORT AUGUST 1988 l I f 1 1 I i 1 l 1 L L L L w r 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 ;t 1~ 1 i i i l L ,~ 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 w t ~^ I I i r i i l i 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 r i t i 1 i L I L 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). • ". N • VAIL MOUNTAIN m. $• x. • w• o: o• • LL • C O ,q : m : ~ . N L u U • • •' . a • • ~ . X • • • m .W ~ • • o • :t • • < . A • • • . m ~ • : w • '• - i o • A • ~ ~ y • . ~ = ~~ • • O • • U • CO Vail ~;~/" Village w .~ . eSr~ H • ~1 • Y 4 Way--~.~"'~ stop Lionshead •• ~°re ..• creek :• Village Not to Scale NORTH c ~~ P°% SoJ% West Vail Interchange l/ 0 ` Interstate 7 0 Roa North Frontage Figure 1 r r ~C 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. z 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. L 2 ~ i 3- 7 1 i a t i .~ SECTION ONE - THE MASTER PLAN ~ ' 1 t~ 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. ~. 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. F 4 ~ -- ~_~ _.._... I......_.. ......., r---- ,..r....W .w ~, .w. ,_._... .~.....,.~, ~ r,.,..., .~ ... , .,w . ~ .., r. ~, ,~ INTERSTATE HiGH4JAY NO TO ~ ~`.~x. f .~ . ~ :„ .. ~`.: ~ J ,~ MILLRACE ~- ~~ ~°,' ~,. ~ ~3,TERRACE "~ '-"'' ~~ PHASE I ~~~~'~ ~ y ti WING ; ~- :e ~:~ . ~ :~., : ~. ~..... ~. .: J ~ ~ , ~ .. 1 NORTH THE WESTIN HOTEL ,,~~: ~ , ~ ' ~~ '~' r ' ~ ~ CASCADE VILLAGE . ~` ~''~' ~ '" ~ ' ~ CHAIRLIFT ~. a r':. C! ~ i r ~ ,.` ~ . h ., ~~,. GoaE ~~ ., - .~ '' ~ CASCADE VILLAGE 4 + ~~ ~~ ~y r ~. F.=c ~,~ ,gig ~= a ~ au: ~+~ ;` ::~• + . ' ~ VAIL, COLORA00 Figure 2 Existing Development -.^ I,_.._,,,,. '""""'" '".v' ~"""" ('"`".`'"' I.....:..a r........,. ,,,........ ..,........~ .«..r.,, Nwr..,..., b..r.,..r~ ~r~w•J..I ~....,.~..y ...r.,,_1 ~.«....rr --- '~ - - -. NTERSTATE HI HWAY NO 7U - `l:~ :SOUTH -.FRONTAGE ROAD t.. ;' ~ ~ ~ • r 4 ACCESS PATH TO j - ~ TENNIS COURT8rJ'Z_.IL ~ ~ ~ ~ ;CASCADE CLUBJ + `".r,r+. i; ~'' 1 ~ ~ `PARKINd;~ STRUCTURE F~ ~`' ' a , , ~ ~~` I ~ ~~ ' • ` Y ..P. t ~~ 5. d 4 ) ~ N DRIVE ~ , O ~, ~,{ Y s NC ~.~ ;, ~ s ~O R i r 1 ~ r ~~ ` cHAlRiIFr TERldIt1ALC-~ 11~~ ~ Qp~~ ~~ ~~ TERRACE , n~; ._ WING n } 4 "N p ~~~ ;t ~, 1 ~ s f~, ' G'- t CASCADE VILLAGE tz' CHAIRLIFT • Q~v x ~ r i 1 ~: ~J ..~ ~: '1_ t ,-~: ~ `• ~ x ~ ~ ~ CASCADE VILLAGE ~~yt ' ~~,~ , `'~' ~ VAIL, COLORADO Figure 3~ - NORTH z Under Construction F .; e ' ___ 1 ~ ._........ ' ~ ~ ~~ ~ ~ -r ~ INTER,STATE- HI(iNWAY IJO~TO = ~ ~:~ . , . ~ w , ~ ~ : +~. ~~r, ~ _ SOUTH FRQNTAOE~~ROAD A ;` ~; ,~ Y` ~ ~r°~~ ._ ~~ ACCE98 PATH TO ~ ~ ~ ~ '~~ ~ ° , 3 r ~ ~ ~~~ TENN13 COURTS 3' L I L , ~ CLUB ~, ,'S C1ISCADE CCU4B~I, k`,~ ~ !, ,` R, ` y ~ ~~ '' "PARKIN4STI~UCTURE: yr+, ~ ~~~ WATERFORD CONDOMINIUMS L.-_ SITE_._J ~ -~ ~ `` ~ r ~~~ ~~~ t'~ ~ SITE c t +~ ~' ~ Yj ~ ; '~ t` WESTHAVEN .DRIYE : ` ~ fr11LLRACE 111 '., y '"~~~~ --~ ~Py SITE ~~6 ~ '' ~ f-.-_...~ ~ (~ ~y _;~ ~ - : > C.M~LC ~ r ~~ ~° ~ ~;~j; ~ r~r CORNERSTONE _ r '" g'I' ` MILLRACE `BUILDINGi ~ ~ BUILDING ~ J O PHASE II r CENTER ~' Z ~~r ' t, 1,, , ~ ~~: ~ ~ ~TER1JI1tL4L 0 ; ~` a i { +'_ , '~~ p ~~~ ~~~~~ ~~~~ a~ j ~ S ~ r~.i 1} ~Q~ ~MILLRACE~~'~ r .~; '?~ ~: '~ TERRACE ~~~ PHASE I ~ P , ~ , c ~ `~ .WINC3 ~ `~~MILLRACE ~~ '='THE ~ WESTIN ,~ HOTEL~_ ~ az ~ { ~ ~ ; ~ NORTH I-y ~, ~, ~u~.~,~. - , ,:' SITE ~~. ~ ~ , ~w~. ~t ~ , ~~ ~ t '1 ~ `~ ~- r "firsx }-' t ~ ~ ~ CASCADE VILLAGE n c ,cs 't~h , ~ ,~y ~' ~ ~r ~%,~ ~ ' ,'~ ~:~r ` `~ CHAIRLIFT ~' fe*,_~r.^r~ Est t~ ' ; ~ ~~, r ids ~ ~(V d '~ L r t r ~ ~~ .. 4'~, -. ~~ySay. - . l '~~ rig' pl'~~ ~ v~` ~ 1~ < ' ~ J '~' ~ ~ ,~ ... ~...'C ~ z ~,; aoae: ~~ yy . a ,. ..,~.< n ,/., c ~' ~~, .`CASCADE 'VILLAGE VAIL, COLORADO I...... I...~^ ~_ I I ~""'n ~"'Y"""r ww.w.-.r .w.......a w...w.,..r Wrw.w 4w..r.y L..w...rf r~.n.,r»I Wwz.l ' irw..l ,4 ,~~ . ' ~ Fi u~'e . 4~ Future Development ;:; ,~ , ,~ , . ,; 7 i r- ~ ----- , ...~,.. r.--..- r-~- r-- -~-~ r-.~. r..,.,~ -~. ~. ww.«w.d -..w Y..,a 4L,.~..~d La.~.....+ Y...~.,«u, Irw.... ru.w.. 1 , , . ,.i ~I • r r~•~oao ~,...q ~f r ..-T[ *.. , rf,~ ~~ IIII . 111 1 1 1 IIII N I ~ ~~; y' ~i ~, ~ ~a«~ ~ ~ ~, ~, ~ "~ a ,a -_ - ,~+ - -_ ~.. I t 9 37 ; ~:_ ~I~~. ~ I i i ~ I I III I ~ 8 i ~~'•~• ~ r T-• ~lt/sy +r^ +l 1~~ m-- .r•rw• o•i ~ 8l _ C'~ t % ~ r rlt.-. t~ t Iii ®•,..' '' r,!' ;~ . •9 . 4 ® %'~y,~,' ~ ~i- ~_ ~r `~ -' ,. ~ ~ _ _ I '~y ~~lg .~ yr y~,t~ _ 'jt.~'l.i l ~~ ~-1,~~%,/I '~II~I~_ i~,~ll; ' e ~'"~' S -r^'=,. ~ll '~'a/~ %~~. !`~' ~" 1) 1 .~ - . ~ o ~ ' ~ ~i j i ~9. ~ ~ > { ;,.~~~ r CASCADE VIL4AGE ~ ~ ~ ~1 .1 ~ ~~ , 16~i~ _ I ! _ ~ ~~5`3`'Si?)~~1~ r; "~r- ~J ~~ ~ ~ ~ ~~ MASTER PLAN_ ' , • 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 ~ r ~ ® L I. ~ ~ - ~ ~ 3. TERRACE WINO rV~ ~~' 1 ~- ~~ ~ ~~~ii __ ~\~f E. CASCADE MAIL 4 ,J, .III i ~~ ~ 4 Qrv~ Y.""~ ~ "'/~~,^' 7. SKI UFT • ~~`~ ti O ~~!! Q i ..~ ~%• CC I~_ I 9. ULLLRACE ~ \ ~, 1 ® r,~+/' ~:.-~.y;r 10. AILRiCE II Y „~ ~ ...` - ~ ~~ \ _.. ..r - ~i>f'Xw~4""• ~ tt. Mr-u7ACE m l -sfS1~1 ~l n. al,e caoolfaUFA ~ .- " exv~- .l v ~ w. cGU~ aue ~, •)~ y..,. ,.. - ~ '~.... ~~ ~ ! ~ 13. ENTRY TOYIER l~'~•'_(~ ~ ..+~ jy~,~.(~ ~ ~ ~ GSCADE CWB ADDFTION ~ ,, ~~ ,. ~,, r, ~,r Vii' .'~y. er _ ~.~, ,~ ,. .. Y~ c' ~ ^- ~ (~r~1~~t~ ., .. 11 C '\ •/ ...._...., ._. ~.._.. w....... -~ c -, c~ Stop . Lionshead • Gore Creek Village sot,tn • ~'"~ -~ Fro Main Vail Marriott~s hta9e Interchange Mark Resort Road North Fr°~tage Road Interstate 70 • : G~SCG~G%!~ '. The Westin •• Hotel ,• • 4 Way ___. • ~~. • • • • • • • • • • • ~ ~ • • • • • • • • • • • • • • • • : y N ~ • • VAIL MOUNTAIN ~ • ~ a • ~ • • X l1J • • . ~ C • ~ • • • ~ • • • m • • N ! • • • • • • • ~ • • N ~ m A, "~' • X • • • N • O ~ • 9~ ~ • W • • ~ • i ~ 4 • m • • ~ • m • ~ • O a : L . • :Vail • c : ~ ~ asl~ Ho n Village .,. NORTH "~.®. ~,! Devel®~I~ent Area D Vicinity Map -Development Area D Not to Scale rn i r ~~ 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 L 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. ~i i t r ~ :a f a i i t i y_ l ., L 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. {~ t 12 r 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 i '4'~ C 1 SITE PLAN CORNERSTONE ~-m p ~ R n:. i• o •.Y ~- n. ^' 0.~• ~. i• I -'_ ( ~ I...-..,. y~....~r f_ _ I ~ iwur ~_. ~+..+.r.` o.r..r~..r ~.....r.r Arw...~{ w.....rr.~ 4.a.s.~..l r+++...y ..~r~t.~ .r~.n ~ Z 2' - 0" Z 2' - 0" .a KITCHENETTE KITCHENETTE ---T--~"~~I (~ ~ f ~. • : a -1 _ _ . ~.. 1 .-. :--., 'Y~ .' ~"~"`-~ TYPICAL UNIT 561.0 SF ELEV. 86.25 0 N h 'T1 ~D C N r r TYPICAL UNIT 561.0 SF ELEV. 97.0 TRANSIENT RESIDENTIAL UNITS O 2 i B b~ J io N i i. ~R ~1 TA G E ~2 O A D I~ CORNERSTONE 'f1 tD~ C "1 ~,.. .•, .• ~. .... . • ~~' /. .. SITE PLAN WATERFORD m p .oR yL.l:~ I --' f (__~._. (~_.... I....,..« ~---- r-- ;~......•. ....,.... rte.... ...~.... ~....~.., :.....,..~ ~..~..~ w~ .~...,-.~ ..._•-~ •~ 1 ~ ~ ~, ~ d~~~t~ _ i-'~~+x~ '.~' ~^~,r~i~ ~ ~ of -_ ~ • ~~ ~ 7 ~ 1. ~ = C~ • I, .~ Vi'e' 1~ 6 e~ `• / ~ ~~ - •f- t - - ~ ~`~ v °~ •~~ ~~ ~ ~ ~ ~ - -- bus ''~ ~ 1 t ~ ~ `~'•S I ~ I. •I:. t - _ - t` _ \ \ ~`/ -_ • ~, ~ ~ ~ :l~ ~ WEBTIN NOifl ~ 1~ ~ b~ ~ ~ ~ '. •~ ~ j GORE CREEK ~' ~ ~ MILLRACE IV t t •i CI - ~ i _ fi,~ k . Tl ~,.• ~ I SITE PLAN 'Ti C ~.- Lill/TINO NOTlL UNIT/ T TO • UNIT/ 6 TO • SECTION /ELEVATION SOUTN ELEVATION MILLRACE IV ~ ~ ~, ~• ALTERNATIVE A ~l ' `~` ~ II M ~O /t C .d ~- J~~2 aJ1 . '.y'a' j s ~~ 0 ~'~~°~. ti ~•.'~ ,': ~~~ `mss 0 0 c' ; F GORE CREEK A~ ~~~~~, Y!r1. ~~ f- SITE PLAN MILLRACE IV ALTERNATIVE B m M bR -~~1~ ~~-- r r-- r...r.. r~--r- r-~-.-, rr...r. ~ ~ r_ _ ,.....,.,., ,..,....,. ...~.._., ,,,..W.y ~.,~.,,,.,~ ,r,,,.,.~ ~ ~~ i iii,- C ..1 N 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 :~ ~~ ~ ~~~ ~.<~ ~ .. ~. ~. . ..: , ,: VAIL BREWERY COMPANY GLEN LYON OFFICE SITE DEVELOPMENT AREA D 3-- t~~ MASTER PLAN "^ I"~•'•••~ I. ~••r.r I.r•MW ~~y~,y I 1 ~ • Mrw•.w.• '.~.r..xarl wr.w .w., M.V rww. YV WY+1 w~•w.xwJ~ WI•xra+~l / ~~ ~ww~ 4 1 1 I DECK P~RKINO _.. _ _.. _.... _._ 1.. _l_. 11__.F 1 ~,, # r ,. ~ iii ..,, .i~s~~~ ' ~~~,~~ 'Maw' ,~,,,a.~~l:, • •••SITE PLAN •~~•• EAST BUILDlNO a CONDOMINIUM •~'~• YIs~J=4:, ~• •,~t ~~ • •~e • S , •, ' ~.; /; r,~.i • . •i I1'1 / -~ ~a~ ~ I ~~ ~ - ~ M-~= ~~/ ~~ d 1717 f -`'-~"'~ ~,,ac ~ `- SECTION Ye••I=o' _~ - ~• C (D _.- W EAST BUILDING & CONDOMINIUM ~ourro rRONT~ae Rojo i ~ ~ . 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 P'""'~O ...~ .,~....... .......r« ~.aw.y ~w...~1. Y....,... wwa.++.~ n,...,,~,u.l .~,«w.w! ...ww..l 1~~~ I...~ R v~' ~ ~~: ~ •.~~ ~' rC; ,. ~!r1~~I .!t• 'r~iti,l~ ~w~ d ^: ~! ~rtt~ ~•• ,~ .I ~~ g. ' r' :'~L: ti1;~+`• . . ;,, ~ ;• •~, ,f T W C 1 --- O (~ (, ~ n ... r~,. \) ~ 4:u~ •i1 ~... ~' - - - - i.. Der ~a- ~~ i ~~ . o,r icof ._ -., ` ... r. A - ~'{ t '~~: ~,,. ~ V „CS ~ ~ ~, i~~~` ~~ •. ~ _= ~ ~~ , w..~ ~~ t I' ~ I f i ' J ~; `~ ~. !' ~ r ~ 3. ~r~~{ __ .'~' .47'~~c• . . • .~. , , ' i ..~nr , i !n O <.,~ . -a.. ....... ~~ -.. '. L'..~.... ~ ~~ ~~ C~~ ~~tr -•,. FLOOR PLAN ELEVATION 88 M .on VAIL BREWERY COi<APANY ~--S_ GLEN LYON OFFICE SI7[ _......._....__"....1 :Ill\~ ~l~. `Pl ~(~;" I )y 'r ~ ~~~ • ~~ J P .j (Ili 1 9 i ~ I ~ _. _. _~~ c~v~ rYf' sire. N?!'.h~= Y7CN~~ (iF~; ,:. ~~4ttti+ ~ vrrar+ :'~~ ~~ fir.. .. f `.n' r ~~ .. JC,;~'•~., ~1:~ NqL :~h G',.LcY c•~': CC .,per-rte, .. t:hY . •G69 ~':1I eoe J~o: q r If. GrU • r •~ t •_ f 1 ~ -~. :~• ° FLOOR PLAN ELEVATION 7B ~ 0 -Zn.~~ ;J ;" ~. VAIL BREWERY COMPANY ,.`~-C~^~~ ~~:'l~, .';'~ ar'".~ ~~--5~`~ GLEN LYON OFFICE SITE ..l C11 I -- ---r ...~.,... ,..._. ~..~ ......., . ww ..~.....~ ~~ y• '1~ry tL.: Yj~''~NNI-. •~i . ~ i~~r~. ~/' ~ . r~ ,~ ^~3. .~~, a ~ .., ~ 4~e . ~ •~ Yf.r ~•,~ .s~i~{1 ~~,~-/ 'T1 cn C -~ fD J C C L //..ma~y~y..aa.•.,,..~~ ',~~+ I ~.,. ~~ ~ ,'Q ,' '\\ ~~~~~ i ~~, ' e~~ ~``~ 4 0 y~~., o .., - ~~~: ita.% ' ~L "' ~'I~ ~f1f'y, lf% . f~ FLOOR PLAN ELEVATION 80 i~~/-1 VAIL BREWERY COJ~/IPANY ~-=r"~=#`~ GLEN LYON OFFICE SITE ! ~' 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 . I h n~ .. ,~ ~, ~r~ . ~~~,= . ~ l-,r., - . . ,~.,~ ~; 1 ~~T{{ j 1 ~r r ~~ ~ ~~7~ . , `• ., ~ ~.r r , 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-. ~~ ' ~ 1 ~ ~ !Ff:r I 1•) ~ ~ ~ i '~. Ln 'y I ~~ 'I, ' , ` I i ~ ~.' r ~~`. I "1~ ._ ~,~. _ __- c rl +~1'~~t -_. •,___ ~1 ,~11Z *~ 1:1 1 ~ .~.J`i.~~ \ ~, ~ I - I, _.:_ ... ... ._r - .~ _ _._.. _ - ... a .. ,.. t ._ -•---.._ .._ _ ~---- ~ ~~ 1 T ta~ 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 I I I I L l 1 i I L 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 r r L i L L SECTION THREE - APPENDICES 52 r r 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. ~ 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. T _~ 360 N 0 ~3 i~ 1 N T . ALL WEATHER WIND. ROSE EAGLE COUNTY . U.S. CLIMATOLOGICAL CENTER RBD, INC. Consulting Engineers rn~ I 1 L t$~ ~ I -' f I i """' I"'""" -`'"`"" f"`"""" ~"""°" r-- r....W.,, ,...~,~.. ~......... ........,. ~...w r....W.d -,.,..,...., kr-W-y Y..r.+J:i .', . w '.. W .~ I- J Q C~ _Z Q W f~ U Z TEMPERATURE VS ALTOTUDE AS~~N E~VVIR®NMENTAL NEA~TH ' RBL~, Ii~1C. ConsulVin~ Engineers INCREASLN.G TEMPERATURE I '. I._...._ I r..,_..., f'""`" r.....,... ~..... C`""" r...._.~ ,,.~..... ..r...~W .~....,, ,..,....1 -....,r., .,,..»~ w«w..~ ,.;.,......ti ~.,.,.r.,j. , ~.,..,,.~ STRENGTH OF TEMPERATURE INVERSION .Nov. 13, 1986 6 ., ~• V N Q~ d ~ tl ..i N N `' U ~ C ~ ~ E ~ M a~ ~, .... N ~ ~ ~ ~ ~ '~ r ~ o E 8 a ~ E h- 5 4 3 2 0 _2 -3 -4 mdnt tam 4am 6nm Sam IOam noon 2pm 4pm 6pm 8pm IOpm Time of Day u s v u i ASPEN ENVIRONMENTAL HEALTH RBDt INC. Consulting Engineers ..;, ,~ t i ~ •- .. i i 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. t f ~. L a 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. ~, ~. ,+ _ UPPER EAGLE VALLEY CONSOLIDATED WATER AND SANITATION DISTRICTS Bd6 FOREST ROAD • VAIL. COLORADO 81657 . ~ 13031 d76 J1B0 AllgtlSt ~+, 1988 r - _. , Andy Norris VAIL BREWERY COMPANY 1000 South Frontage Road West Vail, Colorado 81657 ~ RE: WATER AND SEWER SERVICE FOR PROPOSED BREWERY Dear Mr. Norris: s 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). i 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 t I I l f 1 1 1 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 ~. r T i i 1 s t i_ i L 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 I F 3 i i 1 i I f 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 1 ~~. J • w 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 s ~ 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. i 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. L l 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. 2 3 rj {s 5 3 i 1 l r a t z. 1 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. ~~ 3 ,.« }~ s y . 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 r ' the visitors will be "other" as pedestrian or ski-in/ski-out replaces bicycle as the non- vehicular mode of arrival at the microbrewery. t 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. 4 j3 i 3 L t t L i •r 'o ~~ • ti ; ~~a1J ~ i • - i a,`~« • • • ~,~ I;E, ,.,:,:, V ~ s :bAS . ~. . - d ; NOON ~. ~ w . j Y;Ci • '~"s.-..~~ i~-.`~~_~": ~ OFFICE PARKING SUPPLY = 55 SPACES -~~ . y 1 • ~, ' ~ ~ 6' .y: 2 ~~ ~'° 3 F~ iR ~ r .i' - •~ ~ 4 ~~"~..~~ '~F•~~'~K~'V~ ~C~~ f` ~ • r G ~ ' ~<..' an'~,. Yi-~ \?L. 6 ~ ~ ~ ~ pp J Y `,4\ ~ t~9 s a~'~ 'i e 7~3'~ ~ j ~ ~ ~ eg ter. ~ ' l~ ~~~V ~.a 8 g' ~' ° e d . 9g ~ ~ ~\i^ .~~y.,-"" > 10 ~ - ~'» f `' ~ HIGH SUMMER DAY ~1 ~:,: r, " " a 9 ~ 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 • -rn ~ ...,,-, -5- r . , ~_ 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. 1 ' 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. - i "~ • 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 6 a , ,1 t 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. ,- Dav-Skier/Commercial Use--As shown in Figure 1, daytime use of the parking structure i ' 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. i 3~ 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. 1 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 ~~ ~ - ~ ~' ~ ~ n- S'1` r~ C ~i s~ r ' ~ - ~,n Z~ D~j /G~ X10 g .~~ ~~t. Settling of Ohio, Northwest Territory,1788 '- c o w rv c c ~. -- RECD 0 CT ~ ~ ~~~ e' l'5P5 IvnN ~~?1~c,~it}~l t7tl~C~ci~'. /AND RoN~~fl _R/E~~AN iv r +2 ~ ~~5~~ ~ ~~~ ~ ~~~~ ~ ~o~~~ ~~~~~ _GUiI/i~m /~~c~sf~~ 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.