Loading...
HomeMy WebLinkAbout1989-06-06 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JUNE 2, 1989 7:30 p.m. AGENDA 1. Approval of Minutes of May 2 and 16, 1989 Meetings 2. .Ordinance No. 11, Series of 1989, first reading, an ordinance amending Section 3.36.90 of the Vail Municipal Code; setting forth Recreational amenities tax rates for new zone districts which have been formed since the adoption of the recreation amenities tax ordinance. 3. Ordinance No. 12, Series of 1989, first reading, an ordinance repealing and reenacting Ordinance No. 40, Series of 1988, to provide changes to Area D requirements that concern the condition of undergrounding utilities; a new location for the bus stop; a deceleration lane on the South Frontage Road; a minor subdivision; and stairwell addition; and setting forth details in regard ther..eto. 4. Ordinance No. 13, Series of 1989, first reading, an ordinance creating Town of Vail, Colorado, Booth Creek Local Improvement District; approving the plans for and authorizing the construction and installation of special and local improvements therein, in connection with which special assessments shall hereafter be levied to pay a portion of the cost thereof; approving the method of apportioning such assessments; making findings and conclusions based upon evidence presented at a public hearing concerning the foregoing; and setting forth details in relation thereto. 5. Resolution No. 24, Series of 1989, a resolution creating a temporary Town of Vail Marketing Advisory Board. 6. Resolution No. 25, Series of 1989, a resolution setting the date for a special election to submit the question of the Town's participation in the Eagle County Television Translator District. 7. Appeal of Planning and Environmental Commission decision on new tennis courts and tennis pro shop CITIZEN PARTICIPATION 8. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JUNE 6, 1989 7:30 p.m. EXPANDED AGENDA 7:30 1. Approval of Minutes of the May 2 and 16, 1989 Meetings 7:35 2. Ordinance No. 11, Series of 1989, first reading, an Larry Eskwith ordinance adding recreational amenities tax rates for new Mike Mollica zone districts which have been formed since the original ordinance was written Action Requested of Council: Approve/deny Ordinance No. 11, on first reading. Background Rationale: The ordinance sets forth tax rates for recently formed zone districts. Staff Recommendation: Approve Ordinance No. 11, Series of 1989, on first reading. 7:45 3. Ordinance No. 12, Series of 1989, first reading, an Kristan Pritz ordinance repealing and reenacting Ordinance No. 40, Series of 1988, to provide changes to Area D (Glen Lyon Office Property) requirements that concern the condition of undergrounding utilities; a new location for the bus stop; a deceleration lane on the South Frontage Road; a minor subdivision; and stairwell addition; and setting froth details in regard thereto. Action Requested of Council: Approve/deny Ordinance No. 12, on first reading. Background Rationale: The PEC approved the requests on May 22, 1989 with the condition that the developer shall be required to escrow funds to complete the undergrounding of utilities along the north side of Area D (Glen Lyon Property) if Holy Cross is unable to complete the undergrounding of utilities prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building, or parking structure. The vote was 6-1 for approval with Jim Viele abstaining. All changes to the ordinance are typed in all capitals and underlined. Staff Recommendation: Approve Ordinance No. 12, Series of 1989, on first reading, except for the request to void the condition requiring the undergrounding of the utilities. 8:15 4. Ordinance No. 13, Series of 1989, first reading, an Larry Eskwith ordinance establishing the Booth Falls Local Improvement Stan Berryman District Action Requested of Council: Approve/deny Ordinance No. 13, on first reading. Background Rationale: The ordinance establishes the Booth Falls Local Improvement District to construct rockfall mitigation. Staff Recommendation: Approve Ordinance No. 13, Series of 1989, on first reading. 8:45 5. Resolution IVo. 24, Series of 1989, creating a temporary Town Larry Eskwith of Vail Marketing Advisory Board Action Requested of Council: Approve/deny Resolution No. 24, Series of 1989. Background I~ationale: This resolution formally creates a temporary Marketing Advisory Board. Staff Recommendation: Approve Resolution No. 24, Series of 1989. 9:00 6. Resolution IVo. 25, Series of 1989, setting the TV Translator Larry Eskwit;h election date Action Requested of Council: Approve/deny Resolution No. 25, Series of 1989. Background Rationale: This resolution establishes a date for an election giving Vail voters the opportunity to express their approval or disapproval of establishment of a TV Translator District. Staff Recommendation: None. 9:15 7. Appeal of PEC Decision on New Tennis Courts and Tennis Pro Mike Mollica Shop Action Requested of Council: Uphold/overturn the PEC's decision. Background Rationale: Council called this issue up for review on 5/18 due to concerns over the sidewalk on the north side of the courts, the proposed TOU bus stop layout, and the paving of the parking lot. At their public hearing of March 27, 1989, the PEC unanimously approved of the conditional use permit with the following conditions: A. That spotlights be installed on the eaves of the proposed building. B. That the existing path south of the tennis courts be extended to the parking lot and be paved. C. That conduit necessary for permanent lighting be installed at the time of construction. D. That the parking lot be paved per previous approval. E. That a sidewalk be provided on the north side of the tennis courts. Staff Recommendation: Approval of the proposal with conditions as found in staff memo. 9:30 CITIZEN PARTICIPATION 9:40 8. Adjournment. -2- ~- MINUTES VAIL TOWN COUNCIL MEETING TUESDAY, MAY 2, 1989 7:30 P.M. A regular meeting of the Uail Town Council was held on Tuesday, May 2, 1989, 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 Gail Wahrlich-Lowenthal Michael Cacioppo Merv Lapin Tom Steinberg Ron Phillips, Town Manager Pam Brandmeyer, Town Clerk The first order of business was approval of the minutes from the April 4th and 18th, 1989, meetings. Eric Affeldt moved to approve these minutes. John Slevin seconded that motion. A vote was taken and the motion passed unanimously 5-0. The second order of business was Ordinance No. 9, Series of 1989, a first reading, an ordinance requesting a rezoning from High Density Multiple Family Zone District to Commercial Service Center, with a special development district, to allow for additional parking, loading, and an expansion of the Vail National Bank Building. Mayor Rose read the title in full. Rick Pylman explained the reason for this zoning request stating that the existing Vail National Bank Building consists of a three-story office building, with two levels of underground parking. The first floor of the building is occupied by the Vail National Bank, with the two upper floors leased to various professional offices. The site upon which the building sits is in the High Density Multiple Family Zone District, and at the time this project was built in 1976, the office space was approved as a conditional use. Later, office use was removed entirely as a use from the High Density Multiple Family Zone District. As a result, any additional office space would not be allowed today. For this reason, the owners of this building wish to rezone the property to Special Development District, with limited underlying uses listed in the Commercial Service Center Zone District. The applicant is requesting to restrict the permitted uses to the following: 1) Professional offices, business offices and studios 2) Banks and financial institutions 3) Business and office services 4) Travel and ticket agencies 5) Additional offices, businesses or services determined to be similar to permitted uses Criteria to be used in evaluating this proposal were those for a request for zone change as well as the nine development standards, as set forth in the Special Development District Chapter of the Zoning Code. First to be considered was evaluation of a zone change request from High Density Multiple Family Zone District to Special Development District, with underlying commercial service center zoning. 1) Suitability of existing zoning. 2) Is the amendment presenting a convenient, workable relationship within land uses consistent with municipal objectives? 3) Does the rezoning provide for the growth of an orderly, viable community? 4) Criteria relating to the land use plan, i.e., the land use plan designates this area as resort accommodations and services, but the land use plan does not specifically designate this site as an office area. Staff believes that the office use does make sense due to the following: A. The property's proximity to the South Frontage Road and I-70; and B. Other adjacent offices and public uses such as the hospital and Municipal Building; and C. The fact that the office use already exists. The second grouping of criteria relates to design standards or criteria in evaluating SDD proposals. ~~ 1) Design compatibility and sensitivity to the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity, and orientation. 2) Uses, activity, and density that provide a compatible, efficient, and workable relationship with surrounding uses and activity. 3) Compliance with parking and loading requirements as outlined in Section 18.52. 4) Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies, and Urban Design plans. 5) Identification and mitigation of natural and or geologic hazards that affect the property on which the Special Development District is proposed. 6) Site plan, building design and location, and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7) A circulation system designed for both vehicles and pedestrians on and off site traffic circulation. Rick noted at this point that this area specifically was of Planning Commission concern in regard to a pedestrian walkway between the bank and the hospital. 8) Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views, and function. 9) Phasing Plan or Subdivision Plan that will maintain a workable, functional, and efficient relationship throughout the development of this special development district. The Staff recommendation was for approval of this rezoning and Special Development District, with the following conditions: 1) They owners receive a CDOH approval for their access permit request before a building permit is released for the proposed bank expansion. 2) That the uses allowed under the Special Development District with the underlying Commercial Service Center Zoning shall be limited to the following: a. Professional offices, business offices and studios b. Banks and financial institutions c. Business and office services d. Travel agencies e. Additional offices, business or services determined to be similar to permitted uses. Retail uses are specifically not allowed on this property. 3) Any landscaping that dies within one year of the transplanting shall be replaced with a similar size and type material by the owners of the bank. In respect to the cottonwoods, if they die, three new trees having each a diarmeter of 8" to 12" shall replace the existing trees. The height of the near trees shall be a minimum of 25 feet. This later was amended by Planning Commission to include the wording that any landscaping that dies within a two year period of transplanting shall be replaced with a similar size and type material by the owners of the bank. 4) If the loading zone is relocated in the future, the new location shall be approved by the PEC using the major amendment to an SDD review process. Mr. Pylman summarized by saying that the staff felt it was appropriate to rezone this property to a district that allowed for office use. He also stated that staff believed thE~ special development district zoning allows for flexibility and the thorough review of any future development on this particular site. He finalized his comments by commending the owners of the bank and the hospital for working together to address both staff and PEC concerns. At this point, several individuals from the audience spoke on behalf of the applicant. Sid Shultz, acting as architect, spoke to the pedestrian access and landscaping,; Paul Powers, working with the Vail National Bank Building, addressed on-site parking; and Jay Peterson, an attorney representing the bank building, addressed parking as it relates to the travel agency that has been included in this revised ordinance. Eric Affeldt then moved to approve Ordinance No. 9, Series of 1989, on first reading, with a second from Mike Cacioppo. Gail Wahrlich-Lowenthal stated she 4vould vote against this ordinance due to her belief that parking was inadequate. She also requested that the staff should really evaluate what is going on with this particular building as it relates to the rest of the community and potential renovations and requests of this sort that the staff and Council will be seeing in the future. Eric Affeldt, in regard to his motion, also strongly suggested that DRB work with the Vail Valley Medical Center for the pedestrian bridge betwf~en the two properties, those properties being the medical center and the -2- bank building. Mike Cacioppo also stated strong feelings regarding the potential of the loading zone in its present location and the difficulty that this would create. John Slevin requested that staff revise its policy on office building parking, and with this, a vote was taken and the motion passed, 4-1, with Gail Wahrlich-Lowenthal voting against that motion. Item 3 on the agenda was action on a proposed contract to vacate 66 square feet of Forest Road right-of-way in exchange for $30,000.00 (Ron Byrne, Charles Biederman). Kent Rose supplied background in regard to this proposed contract stating that a new proposition was to be presented to the Council. He described this new proposition as follows: That the $30,000.00 would be assessed for use or purchase of an easement and that this easement would remain encumbered until such time that the property was renovated or torn down. Jay Peterson, attorney for the applicant, further stated that this should be viewed as a perpetual easement, subject to the terms Kent had just described. Clarifications were then made in regard to Resolution No. 17, and pertaining to this easement. Those changes were as follows: 1) Resolution No. 17 changed to Number 2) The easement should be between the rather than Charles Biederman; and 3) Anew survey, including the garage the easement. 22; and Town of Vail and Forest Road Associates, overhang, be completed and attached to To coincide with current Town of Vail Building Code, it was discussed that as far as the garage being destroyed, this means more than 50% of that garage structure being destroyed. With these changes, John Slevin moved to approve Resolution No. 22, Series of 1989, and Kent Rose seconded this motion. Gordon Brittan spoke at this time to state as a citizen of the Town he felt the only equitable way for the Council to handle this matter was to require the garage to be torn down. John Slevin then amended his motion to include the changes previously discussed, as well as, changing the term "residential" on page 2 of the Resolution to "garage". A vote was taken and the resolution passed 4-l, with Eric Affeldt voting against this resolution. Backtracking to Item 3, Action on Proposed Contract to Vacate 66 Square Feet of Forest Road Right-of-Way in exchange for $30,000 (Ron Byrne and Charles Biederman), no action was taken. In regard to Item 4, Ordinance No. 10, Series of 1989, first reading, an ordinance vacating that .portion of the platted Forest Road right-of-way, Vail Village, first filing, and setting forth details related thereto, John Slevin made a motion to deny the ordinance, and this was seconded by Kent Rose. A vote was taken and the motion passed unanimously 5-0. The next items of business were Resolution Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, Series of 1989, designating the following as depositories for the funds of the Town of Vail as permitted by the Charter of the Town, its Ordinances and the statutes of the State of Colorado. They are as follows: Resolution No. 6 Firststate Financial, Orlando, Florida Resolution No. 7 Sterling Bank, Burbank, California Resolution No. 8 Security Bank of Kansas City, Kansas City, Kansas Resolution No. 9 Farmers State Bank, Denton, Montana Resolution No. 10 Coral Coast Savings Bank, Boynton Beach, Florida Resolution No. 11 Bank of Horton, Horton, Kansas Resolution No. 12 First Federal of the Carolinas, High Point, North Carolina Resolution No. 13 San Antonio Federal Savings Bank, San Antonio, Texas Resolution No. 14 Sterling Savings & Loan, Irvine, California Resolution No. 15 First Savings & Loan, Beverly Hills, California Resolution No. 16 Franklin Bank, San Mateo, California Resolution No. 17 Security Savings & Loan, Chicago, Illinois Resolution No. 18 Hawthorne Savings & Loan, Hawthorne California Resolution No. 19 Midstate Savings & Loan Association, Baltimore, Maryland Resolution No. 20 Exeter Bank, Exeter, New Hampshire Resolution No. 21 First National Bank of Glens Falls, Glens Falls, New York -3- .~ Gail Wahrlich-Lowenthal moved to approve these resolutions, with a second from John Slevin. A vote was taken and the resolution passed 4-1, with Mike Cacioppo voting against these resolutions because he was unfamiliar with Security Bank of Kansas City. Item 6 on the Agenda was Proclamation No. 1 declaring June, 1989, as Colorado Recycling Manth. Eric Affeldt moved to approve this proclamation with Mike Cacioppo seconding that motion. A vote was taken and the motion passed unanimously 5-0. The next item of business was action to grant permission to the Vail Metropolitan Recreation District for the construction of Volleyball Courts at the east end of the Athletic Field on Vail Valley Drive. After a brief discussion regarding the positioning of these fields and some introductory remarks by Pat Dodson, John Slevin moved to gra~,nt permission to the VMRD for this construction with the provision that if parking problems occur, the VMRD Board address and correct them. Eric Affeldt seconded that motion. A vote was taken and the motion passed unanimously 5-0. Under Citizen Participation, there was none. There being no further business, the meeting was adjourned at 9:50 P.M. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Br•andmeyer, Town Clerk Minutes takE~n by Pamela A. Brandmeyer -4- ~ ~ MINUTES VAIL TOWN COUNCIL MEETING MAY 16, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 16, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Gail Wahrlich-Lowenthal Tom Steinberg MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Eric Affeldt Michael Cacioppo Merv Lapin Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 9, Series of 1989, second reading, an ordinance requesting a rezoning from High Density Multiple Family Zone District to Commercial Service Center, with a special development district, to allow for additional parking, loading, and an expansion of the Vail National Bank Building. The full title was read by Mayor Rose. Rick Pylman reviewed the changes made since first reading: 1. VNB Parcel, used in the title and in the third paragraph of the ordinance was changed to UNB Building. 2. Under Section 4, 2., the landscape plan drawn by Dennis Anderson Associates, Inc., was revised May 12, 1989. 3. The entire paragraph under Section 8 was deleted and replaced with "Amendments to the approved development plan may be granted pursuant to Section 18.40.100 of the Vail Municipal Code." Rick then discussed the revised landscape plan. Sidney Schultz, representing the Vail National Bank, explained the request and the problems which would be incurred if the Council denied the ordinance. Mayor Rose gave additional information for Tom Steinberg, who was absent at first reading. Gail Wahrlich-Lowenthal noted she voted against the ordinance at first reading and explained why, but she respected the situation tonight and did not want to stop the project. She felt the project inherited the problem and did not create it, so she would vote for the ordinance. There was then some discussion on alternatives. John Slevin made a motion to approve the ordinance on second reading with the changes noted, and Gail Wahrlich- Lowenthal seconded. A vote was taken and the motion passed unanimously 4-0. The second item was Resolution No. 23, Series of 1989, creating the Town of Vail Transportation and Parking Advisory Committee. Stan Berryman stated the staff was bringing this resolution to Council at Council's request. He gave brief background information on the Task Force's activities since 1984, and commented the resolution would formally create an Advisory Committee. He then listed some of the names of those presently on the Task Force (other than the Mayor and Town employees): Two Council members - Merv Lapin, John Slevin Two Planning and Environmental Commission members _ Sidney Schultz, Diana Donovan One person from Vail Associates, Inc. - Joe Macy One person from the Forest Service - Bill Wood One person from the Department of Highways - Rich Perske One person from Eagle County - Jim Fritze Five citizens from the Town of Vail - George Knox, Dave Gorsuch, Rob Levine, Lee Hollis, Dave Rimel He then asked that they be ratified as the Advisory Committee members. There was some discussion regarding the citizens, and it was decided to delete the words "from the Town of Vail" for any future changes in members. A motion to approve the .r" ~ resolution with the wording change in H. was made by Tom Steinberg and seconded by Gail Wahrlichi-Lowenthal. A vote was taken and the motion passed unanimously 4-0. The next agenda item was the Robert Gunn request for a front setback variance and modification of the 100-year Mill Creek floodplain (342 Mill Creek Circle). Mike Mollica explained the applicant's two requests, then reviewed the criteria used in these requests. He stated staff recommended approval of the variance request because it would create a hardship on the applicant if it was not granted. As far as the floodplain modification, staff recommended approval with three conditions: 1. That a permit from the Army Corps of Engineers, either and Individual or a Nat:ionwide Permit, be obtained prior to the issuance of any building permit for the property. 2. That approval from the Federal Emergency Management Agency be secured prior to the issuance of any building permit for the property. 3. That a groundwater analysis be completed, as an addendum to the EIR, prior to the issuance of any building permit for the property. Said analysis shall conclude that there will be no adverse affect on adjacent properties regarding the issue of groundwater. He then noted the Planning and Environmental Commission recommended unanimous approval of t:he stream modification and the front setback variance. Mike then stated the 2Gi0 square foot request was tabled until the next PEC meeting at the applicant's request. The PEC was opposed to the applicant's 250 request and was about to mot=ion for denial of the 250 request when the applicant requested tabling; the PEC voted unanimously for tabling. He then read a letter from Mr. Higbie opposing the stream modification and noted he had received letters earlier from two others in favor of the stream modification. Mayor Rose commented the Council called this issue up to discuss and understand it more. Jim Morter of Morter Architects, representing the applicant, felt the 250 square foot request could be put to rest because nothing could be done until the applicant went through the Design Review Board. He si;ated the applicant would be within the allowed GRFA without requesting the additional 250 square feet, but they did want the ability to go through the DRB. Council had some discussion on the 250 GRFA. Tom Steinberg stated he would only agree to approval if the applicant agreed not to apply for the additional 250 square feet before i~he five year limit. Jim Morter stated the applicant did not need the 250 square fE~et and was within the GRFA allowed. Larry Eskwith explained what the 250 ordinancE~ would allow; there was more discussion. Jim Morter reviewed the problems of building on the lot and how it came about. He remarked why it was a hardship and showed how they would change the stream flow; he then reviewed the relocated crE~ek and how it would be improved. Bill Ruzzo discussed the technical aspects of moving the creek. He stated they had turned in the report and analysis to Mike Mol lica this evening for the first and third conditions required by staff. Regarding the second condition, FEMA approval, they were in the process of making application at this time. They had met with the Region Director in Denver and had submitted the required forms. Technically, the applicant was not encroaching into the 100-year floodplain, but they will proceed for the map line revision due to the creek relocation. He asked Council to change the condition so as not to depend on approval for a building permit. Mike Mollica agreed; they would change to an occupancy permit instead of a building permit. There was some discussion of a sediment problem during construction, to which Mike Ruzzo responded. Jim Morter commented Mr's.. Gunn wanted it in the record that any trees damaged for a period of up to three years after the construction (as a result of the construction) will be replaced. A motion was made by Gail Wahrlich-Lowenthal to approve the request for a front setback variance and modification of the 100-year floodplain because of staff's findings that this will not grant a special privilege and will not injure the public's health; also, the variance is warranted because the strict interpretation of the guidelines would produce a hardship for the applicant; also, that approval be granted in accordance with the staff recommendations in their memorandum to the Planning and Environmental Commission dated April 24, 1989, except to modify condition no. 2 to change the wording from a building permit to an occupancy permit. The motion was seconded by John Slevin. A vote was taken and the motion passed unanimously 4-0. Tom Steinberg asked staff to bring back the 250 ordinance for evaluation. After some discussion, it was decided to review general GRFA items at the next Council Work Session. Gail suggested Council needed to do site visits to identify what's right and wrong, and do it when all seven Council members were here. Staff agreed this would be addressed sometime in June. The fourth order of business was the Fritzlen and Pierce appeal of the Planning and Environmental Commission decision to deny a side setback variance request (2998 -2- ~~ South Frontage Road West). Mike Mollica reviewed the chronological events up to now: 1. A variance request was approved by the PEC on January 23, 1989, to allow this property to be considered for rezoning by the Town Council. The approved variance was for a 6,620 square foot shortage in the minimum lot size of the Primary/Secondary Residential zone district. 2. The Town Council approved a rezoning request, from RC to P/S on March 7, 1989. This rezoning has allowed for the addition of a secondary, rental unit on the lot. 3. The PEC, on March. 27, 1989, unanimously voted (7-0) to deny the applicant's side setback variance request. The PEC found that the request would be a grant of special privilege and that the applicant's stated hardship was self-imposed. Mike then reviewed the criteria and findings staff used in consideration of this request. Staff and the PEC had a problem determining the physical hardship and felt approving the request would be a grant of special privilege. Staff recommended denial, and the PEC voted unanimously 7-0 for denial. He then presented photographs of the residence to Council. William Pierce, the owner and applicant, explained exactly where the stair would be located and its uses; he-also discussed why the other alternatives would not be as acceptable: There was some discussion on the alternatives and why staff felt there was no physical hardship. John Slevin felt this was a special situation not normally shared with others and therefore could be approved on this basis. After some discussion, Mike Mollica stated no other areas were really affected, but the PEC very clearly felt there were other options. He discussed what options the PEC felt were available, but the Council generally did not agree with the PEC's decision. John Slevin made a motion to overturn the PEC's denial decision regarding the side setback variance request with findings in Section 4 of the Community Development report, and more specifically, the exceptions/special conditions that apply to this applicant. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 4-0. The next item was a Landmark Condominium sign variance request. Betsy Rosolack remarked the Landmark was requesting a third sign (two are permitted) for a total of 24 square feet of signage (20 square feet are permitted). She stated they wanted the third sign for the east side; they have two already, and this third sign would result in a total of four extra square feet. She reviewed the criteria and findings used by staff in studying this request, and noted staff supported the request for the third sign and the 4.3 addition square feet. Betsy also commented the Design Review Board recommended unanimous approval 5-0 for the variance request. After a short discussion by Council, Gail Wahrlich-Lowenthal made a motion to approve the sign variance request in accordance with the findings of the staff memorandum dated May 16, 1989. John Slevin seconded the motion. A vote was 'taken and the motion passed unanimously 4-0. There was no Citizen Participation. 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- ~~ ORDINANCE N0. 11 Series of 1989 AN ORDINANCE AMENDING SECTION 3.36.90 OF THE VAIL MUNICIPAL CODE; SETTING FORTH RECREATIONAL AMENITIES TAX RATES FOR NEW ZONE DISTRICTS WHICH HAVE BEEN FORMED SINCE THE ADOPTION OF THE RECREATION AMENITIES TAX ORDINANCE. WHEREAS, new zone districts have been established since the adoption of the Recreational Amenities Tax Ordinance and amendments thereto. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Section 3.36.040 Tax Rate of Assessment, of the Municipal Code of the Town of Vail, is hereby amended to read as follows: 3.36.040 Tax Rate of Assessment For buildings constructed in the various zoning districts of the Town, the tax on each building shall be assessed after the filing of an application for a building permit by the building official or other designated Town official in accordance with the following schedule: Zone District Tax Rate per Sq. Ft. of Floor Area HR $ .15 ABD 1.00 SB/RD .70 PD .10 PUD .10 SFR .10 R .15 R P/S .15 RC .30 LDMF .35 MDMF .70 HDMF 1.00 PA 1.00 CC1 1.00 CC2 1.00 CC3 1.00 CSC 1.00 •e. -._., HS 1.00 A .10 SDD rate of zone district applicable to density of project. The rate schedule set forth in this section shall be reviewed annually by the Town Council and may be raised or lowered by resolution of the Council after such review. Section 2. Section 3.36.080 Tax Credit Additional is hereby repealed and reenacted as follows: Section 3.36.080 Tax Credit Additional Residential buildings or units. which are restricted for use for employee housing shall be entitled to additional tax credits according to the following schedule: Years Restricted Additional Credit 7 - 9 10% 10 - 15 20% 16 - 20 30% 21 - 25 40% 25 + years 50% Section 3. Section 3.36.090 Tax Credit is hereby repealed and reenacted to read as follows: 3.36.090 Tax Credit-Maximum Rate The maximum credit allowed under both Sections 3.36.070 and 3.36.080 shall not exceed fifty percent (50%) of the tax assessment. Section 4. This Ordinance shall become effective July 1, 1989. Section 5. 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. -2- Section 6. 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 7. 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 1989, and a public hearing shall be held on this Ordinance on the _ day of 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3- l , °6~ ~, TO: Town Council FROM: Community Development Department DATE: June 6, 1989 SUBJECT: Request for a minor subdivision of Development Area D of SDD 4 at 1000 South Frontage Road. Applicant: Glen Lyon Office Building I. BACKGROUND ON THIS REQUEST In April of 1986, the applicant requested a minor subdivision for Lot 54. Lot 54 was divided into two parcels. Parcel B (1.268 acres) included the existing office building and all of the surface parking on the site, while Parcel A (.479 acres) included the westerly portion of the site where a previously approved office expansion would be located. The minor subdivision was approved by the Planning Commission with four members in favor of the request, with Jim Viele abstaining. The developer decided to not proceed with the final recording of the minor subdivision plat. II. THE REQUEST The proposal would allow Lot 54 to be having the following square footages: Parcel A: .4797 acres or 20,896 sq. Parcel B: .3734 acres or 16,265 sq. Parcel C: .5970 acres or 26,005 sq. Parcel D: .2975 acres or 12,959 sq. * Note: These square footages do n. divided into four parcels ft. - Brewery site ft.,- Glen Lyon office ft. - Parking structure ft. - East office building ~t indicate buildable area. The minor subdivision will allow the project to be divided into separate ownerships prior to completion of the project. The applicant has stated that the minor subdivision is necessary due to the financing requirements demanded by the "uniqueness of the Vail Ale Brewery." The minor subdivision would be incorporated into the development plan for the SDD. III. REVIEW CRITERIA FOR THIS REQUEST The approval of a minor subdivision creates a new parcel for ~, ~ development within the Town of Vail. The purpose of reviewing the minor subdivision request is to ensure that the subdivided parcE~ls are suitable for development and meet the applicable development standards the Town has established. The following reviE~w criteria are from Section 17.16.110 of the Subdivision Regulations: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other pertinent regulations that the PEC deems applicable. Due consideration shall be given to the recommendations by public agencies, utility companies, and other agencies consulted under 17.16.090. The PEC shall review the application and consider its appropriateness in regard to Town of Vail policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses. IV. ZONIrfG CONSIDERATIONS The Arterial Business District zoning provides the guide for development on Area D. The minimum lot size required under the AB District is 25,000 square feet of buildable area which would exclude the 100 year flood plain and areas in excess of 40 percent slope. This minimum lot size was established to ensure that parcels in the zone district were able to accommodate the type of development allowed under the zone district. Given the steps taken to ensure that all the parcels will be developed as a whole per SDD 4 as outlined in Ordinance 40, staff believes that the minimum lot site is not a significant issue. V. STAFF RECOMMENDATION The staff's main concern with this request is that the property be dE~veloped as one parcel. In no way is the intent of this subdivision to allow the developer to sell off each of the parcels and develop them under a different development plan. The ~>DD process allows for amending the development plan, however, this would require staff, Planning Commission, and Town Counc;il approval. We also believe that by recording the conditions of approval and references on the subdivision plat as well as recording these conditions as covenants with Eagle County, the parcels shall be developed peb the approved SDD 4 Development Plan. Given these conditions of approval, the staff is comfortable with this request and supports the proposal. The following agreements outline the conditions and stipulations set i=orth with the minor subdivision proposed for Lot 54, Area D SDD 4. It is required that this agreement be recorded with the _} 3~t . . .... .. 'a County on the land records of this parcel prior to the formal approval of this minor subdivision. It is the intent of this agreement to ensure that the development of Lot 54 proceed in a timely and efficient manner consistent with the previously approved development plans for Area D, SDD 4 on file with the Department of Community Development. The agreements to be filed include the followingo 1. The development of parcels A, B, C, and D shall be limited to the SDD 4 Development Plan and governed by the SDD 4 Ordinance as approved by the Town of Vail and on file with the Department of Community Development or as amended and approved by the Community Development Department, Planning and Environmental Commission, and/or the Vail Town Council. 2. The minor subdivision plat shall include a statement that development of the four parcels shall be governed by the approved SDD 4 Development Plan for Area D and Ordinance 40. 3. The Community Development Department and Town of Vail Attorney shall have the right to review and require changes in any "Agreements of tenants in common", °tConveyance of Easement and Party Wall Agreements", and any other easement or ownership agreements related to the development of parcels A, B, C, and D to ensure that the four parcels are developed per the approved development plan and SDD 4, Ordinance. 4. Any modifications or amendments to the minor subdivision conditions of approval agreement shall be reviewed as a major amendment under the procedures outlined in Section 18.40 of the Town of Vail zoning code. 5. The applicant shall be responsible for preparing the wording of these agreements for review by the Planning staff and Town Attorney. The specific legal wording must be submitted before the minor subdivision is recorded with the County. The Town of Vail shall record the minor subdivision plat, however it will be the responsibility of the developer to cover any fees for recording the plat. TO: Town Council FROM: Community Development Department DATE: June 6, 1989 SUBJECT: A request for major amendments to Special Development District No. 4, Cascade Village, Area D in order to void a requirement that utilities be undergrounded, to allow for the relocation of a bus stop, to add a deceleration lane on the South Frontage Road, a minor subdivision, and addition of a stairwell. Applicant: Glen Lyon Office Building I. THE REQUEST The applicant is requesting several amendments to Ordinance No. 40 which was approved in 1988. The amendments concern only Area D, the Glen Lyon office property. Below is the summary of the request: A. Undergroundinq of utilities: The developer is requesting to void the condition which requires that the developer shall underground utilities along the South Frontage Road. Section 18.46.210 D-3 states: The developer shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building, or parking structure. The undergrounding of the utilities is contingent upon Holy Cross approving the work. B. Bus stop: The bus stop which was to the west of the Glen Lyon property along the south side of the South Frontage Road is proposed to be relocated to the porte cochere area (main entrance into the Vail Brewery), This requires amending Section 18.46.210 D-1 which states: The developer shall agree to construct a bus shelter per Town of Vail standards adjacent to Development Area D. The specific location for the bus shelter shall be mutually agreed to by the Area D owner and/or the developer, Colorado Division of Highways, and Town of Vail. The bus shelter shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. C. D. Deceleration lane: The Colorado Division of Highways is requiring that the developer add a 150 foot deceleration lane on the South Frontage Road. The drivers moving east on the South FrontagE~ Road would use this lane to make right hand turns into the parking structure. Originally when this proposal was being reviewed by the Planning and Environmental Commission, CDOH indicated that a decelertion lane maY be necessary. Once the proposal entered the formal review process at CDOH, their staff required the deceleration lane. (Please see the attached CDOH permit). On April 10, 1989, the PEC reviewed this change in a work session. Although staff believe: this change is a minor amendment, it was felt that it would be helpful to include all of the changes to the SDD 4 in one memo so the Planning Commission clearly understands the final development plan for Area D. Minor Subdivision: The owner is also requesting a minor subdivision. The developer states that: The minor subdivision of the Glen Lyon Office Building site will accommodate three separate owners prior to completion of the project. Once completed, the entire project could be condominiumized. However, because of separate financing requirements demanded by the uniqueness of the Vail Ale Brewery, a subdivided parcel for their specific use and ownership is necessary at this point in time. The subdivision plat would become part of the development plan and each parcel would be restricted by the approved development plan. E. Stairwell: This request would allow for a 115 square foot addition for an enclosed stairwell on the east end of the Glen Lyon Office Building. II. REVIEW CRITERIA A. DESIGN COMPATIBILITY AND SENSITIVITY TO THE IMMEDIATE ENVIRONMENT, NEIGHBORHOOD AND ADJACENT PROPERTIES RELATIVE TO ARCHITECTURAL DESIGN, SCALE, BULK, BUILDING HEIGHT, BUFFER ZONES, IDENTITY, CHARACTER, VISUAL INTEGRITY AND ORIENTATION. 1. Undergroundinq of utilities: The undergrounding of the utilities has a major impact on upgrading the appearance of this site. Staff believes that it is very important that this condition of approval not be waived. We believe that it is reasonable to require that the developer underground utilities directly in front of the Glen Lyon property as other developers have been required to do the same work. 2. Relocation of bus stop: The bus stop design has been approved by Public Works. Staff believes that this is actually a better proposal than the original location as excessive retainage will no longer be necessary. The bus stop has been incorporated into the porte cochere° A 10 foot lane would be maintained for the general public and a 10 foot lane will be separated by breakaway bollards for the use of Town of Vail buses. Public Works does not feel that it is necessary to add gates. Signage will be used to indicate that buses enter on the west side of the porte cochere and exit through the east end. Bus service will continue to be provided at the Vail Professional Building for users traveling west. Only bus service going east will be provided from the porte cochere area. Staff supports the design for the bus stop. 3. Addition of the deceleration lane: The 12 foot wide, 150 foot long, including a 90 foot taper, deceleration lane has been required by CDOH. Staff was hoping that this deceleration lane would not be necessary, however, CDOH has the right to require this improvement from the developer. In general, the staff believes that the deceleration lane will maintain the basic intent and character of the SDD and will not have any major impacts on properties on the north side of the South Frontage Road. 4. Addition of the stairwell: This minor expansion will have no significant impact on the overall appearance of the building. B. USES, ACTIVITY AND DENSITY WHICH PROVIDE A COMPATIBLE, EFFICIENT AND WORKABLE RELATIONSHIP WITH SURROUNDING USES AND ACTIVITY. Not applicable. C.. COMPLIANCE WITH PARKING AND LOADING REQUIREMENTS AS OUTLINED IN SECTION 18.52. Not applicable. D. CONFORMITY WITH APPLICABLE ELEMENTS OF THE VAIL COMPREHENSIVE PLAN, TOWN POLICIES AND URBAN DESIGN PLANS. Not applicable. E. IDENTIFICATION AND MITIGATION OF NATURAL AND/OR GEOLOGIC HAZARDS THAT AFFECT THE PROPERTY UPON WHICH THE SPECIAL DEVELOPMENT DISTRICT IS PROPOSED. Not applicable. F. SITE PLAN, BUILDING DESIGN AND LOCATION, AND OPEN SPACE PROVISIONS DESIGNED TO PRODUCE A FUNCTIONAL DEVELOPMENT RESPONSIVE AND SENSITIVE TO NATURAL FEATURES, VEGETATION AND OVERALL AESTHETIC QUALITY OF THE COMMUNITY. Not applicable. G. A CIRCULATION SYSTEM DESIGNED FOR BOTH VEHICLES AND PEDESTRIANS ADDRESSING ON AND OFF SITE TRAFFIC CIRCULATION. 1. Relocation of bus sto The new design for the bus stop actually provides a better solution than the previously approved location. The porte cochere site is much more accessible for pedestrians. 2. Addition of the deceleration lane: The new deceleration lane will still allow for the 8 foot bike path along the south side of the Frontage Road. Staff believes that on and off site traffic circulation will still be functional and in the case of the bus stop, is definitely improved. H. FUNCTIONAL AND AESTHETIC~LANDSCAPING AND OPEN SPACE IN ORDER TO OPTIMIZE AND IMPROVE NATURAL FEATURES, RECREATION, VIEWS AND FUNCTIONS. 1. Undergroundinq of utilities: By undergrounding the utilities, the landscaping and open space on the north side of the project will be enhanced. 2. Relocation of bus stop: The planter to the north of the porte cochere will be decreased in size in order to allow for adequate width for the bus lane. The planter will be reduced in width from 10 feet to 5 feet. This change is not positive, however, most of the landscaping should still be able to be located in this area. Three aspens and 14 alpine current will be in the planter. 3. Addition of the deceleration lane: The developer is still able to place adequate landscaping in front of the parking structure which was a primary concern to the staff and Planning Commission. I. PHASING PLAN OR SUBDIVISION PLAN THAT WILL MAINTAIN A WORKABLE, FUNCTIONAL AND EFFICIENT RELATIONSHIP THROUGHOUT THE DEVELOPMENT OF THE SPECIAL DEVELOPMENT DISTRICT. 1. Minor subdivision: The development of the project will still be subject to all the conditions of approval and phasing as outlined in Ordnance 40. III. STAFF RECOMMENDATION The staff recommends approval of all of the amendments except the request to void the requirement that utilities be undergrounded. We believe that the developer has received substantial increases in development potential through the recent amendments to SDD 4 in 1988-1989. Increases for commercial square footage ranging from 16,593 square feet to 19,538 square feet were approved in 1988. This is a 45 percent to 53 percent increase in commercial square footage. The GRFA was increased by 2,624 square feet over the allowable. These increases were arrived at through a process of negotiation, with the developer and staff as well as the PEC. The undergounding of the utilities was an important trade-off during these negotiations and should not be voided. At this time, the staff does not have a letter from Holy Cross outlining their position on the undergrounding of the utilities. We had requested this letter as it would help us to understand the rationale for the high cost of undergrounding the utilities. If the Planning Commission decides to remove this requirement, staff would suggest that the developer be required to escrow money for the undergrounding of the utilities when an overall improvement project is initiated by Holy Cross. In respect to the other amendment requests, staff believes that they meet the review criteria and should be approved with the following conditions: 1. The developer shall agree to construct the bus lane per Town of Vail standards in the area of the porte cochere. The specific design for the bus shelter shall be mutually agreed to by the Area D owner and/or the developer, Colorado Division of Highways, and Town of Vail. The bus lane shall be constructed subsequent to the issuance of the building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. ~ ~_ fl-~~I~Y ACROSS ~,~~CTRIC ASSOCIA~'IOI~19 ~ Ii1Co 3799 HIGf1\VAY 82 AREA CODE P. O. DRAINER 2150 303 GLEMVOOD SPRINGS, COLORADO 81602 ~ 945-5491 May 17, 1989 Mr. Frank Freyer Vail Ventures, Ltd. 1000 South Frontage Road West Vail, Colorado 81657 RE: Vail Ale Building Overhead to Underground Conversion of Primary Electric Facilities Dear Mr. Freyer: Holy Cross Electric has completed a preliminary cost estimate for the above mentioned conversion, This project would involve replacement of the existing overhead primary electric facilities which are adjacent to your northerly lot line with an underground system. Such replacement also would necessarily involve Holy Cross facilities located between the easterly end of the Cascade Village area to a point near the westerly property line of the Vail Sanitation Plant near Forest Road, Holy Cross Electric estimates that the cost of this conversion will be as follows: Total estimated cost of conversion (preliminary) $240,000.00 Holy Cross Electric investment based upon annual revenues now being received from consumers within the affected area (177,000.00) Contribution in aid of construction (nonrefundable) required before starting work on the project $ 63,000.00 The estimated cost of this project could change once the final design has been completed. The above figures do not reflect the individual consumer's cost to convert their secondary service or alter an existing underground secondary service to receive service from the Association's nearest pad-mounted transformer, This conversion must be done during the same construction season that the primary power lines are placed underground< Holy Cross Electric°s overhead primary facilities presently provide electrical service to the immediate area as well as being a main feeder to the downtown area. .With an overhead facility these services can be combined in one system, whereas an underground facility must be divided into .separate systems, In this case a three-phase underground feeder, a three-phase distribution and a single-phase distribution must be installed. Each individual system shall be supplied by its own separate cables. Should all the affected consumers as well as Vail Ale representatives wish to pursue this project any further, please let us know and we shall prepare the appropriate agreements for execution. Should you have any further questions, please call me at 949-5892. Sincerely, HOLY CROSS ELECTRIC ASSOCIATION, INC. ~~ ~~t- Ted Huskey, Engineering Service Supervisor TH:rjm CC: HCEA, Vail Office W/0#89-12079:51-59:Lionshead Circ~Yi.t #? - Conversion -- -~ - Sf 1 tJo/full'/Side: L / ur ; ~. - . _ • . QQL.Q~~®Q ®~~e4~'r~~~~ QF }~~Qa}~~~~~ Local Jurisdiction: 'town of Vail •' °~~~~~ ~'~~~~~ ~~~~~~ ~~~~~.~ DisVSectioniPatrol: 30219 DOH Permit No.: 389015 Permit Fee: $75.00 Date of Transmittal: 3-23-89 THE PEAIViITTEE; Glen Lyon Office Building 1000 South Frontage Road West - Vail, CO 81657 - is hereby granted permission to construct and use an access to the state highway at the location noted below. l'he access shall be constructed, mairttained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Departmentand their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On t}~e south side of State Highway I 70 Frontage Road, a distance of 550 feet east from Mile Post 174. ACCESS TO PROVIDE SERVICE TO: Parking for 16,000 sq.ft. microbrewery, 16,500 sq.ft. office space, and 2,000 sq.ft. private residence. OTHER TERhAS AMID COt~IDITIONS: See Attached Sheet. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. ey (X) Not .Required Date Title, Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall noilfy Don Herman with 4he Colorado Department of Highways In at 845-7347 at least 48 hours prior to commencing construction within the State Highway right-of-way, The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and all it's terms and conditions. Permittee (X) Date This permit is not valid until signed by a duly authorized representative of the State Department of Highways. STATE OF COLORADO, DIVISION OF HIGHWAYS ROBERT L. CLEVENGER, CHIEF ENGINEER By (X) Date Title (Date of Issue) ~oPr oISTHIBUTION: Required: Make copies as necessary tor: 1. Olstriel (Original) Local Authority Insoector 7 Ar.r.lir•anf MTCE Pnlrol Trallic Enoineer Previous Editions are Obsolete and will not be used OOH Form 101 9/95 PERMIT NO. 389015 1 Local ordinance requires a construction permit from Town of Vail. 2 Driveway shall be constructed 30 feet wide with 50 foot radii. Surfacing for driveway approach is required as follows: 12" of class 6 gravel in 2, 6" lifts; 6" of class 6 gravel in 1, 61° lifts. 3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, or equivalent. The asphalt cement in the fiBP shall be AC 10. 4 Fill/cut slopes shall be at a 6: 1 slope on the roadway and at 6:1 on the access approach. 5 too 1 and-~r_a_p_ing other than grass shall be planted within 30 feet o e shoulder of the road. Approach shall be z construced per p an`da~ecfi"Oct:-'1~8~; I-gg ~6 -ifit~h~"ay wi~ening~""o" r~lie rigli~f'urndeceleration lane shall be 12 feet wide and 150 feet long, including a 90 foot taper. 7 No drainage from this site shall enter onto the surface of the highway. All existing drainage structures shall be extended to accommodate all new construction and safety standards. 8 Contractor shall follow the applicable construction specifications set for by the Department of Fighways in the latest manual Standard Specifications for Road and Bridge Construction. The property owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to ar~y existing Highway facilities shall be repaired prior to continuing other work. 9 Compaction of sub-grade, embankments and backfill shall comply with Section 203.11 of the Division of Highways Standard Specifications. 10 Compaction of Hot Bituminous Pavement (fiBP) shall comply with Section 401.17 of the division of Highways Standard Specifications. 11 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 12 Saw or score asphalt to assure a straight edge for patching. 13 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from tYie highway at a 2% grade to ensure proper drainage control. 14 All excavations on Utility lines, culverts, other trerlcties or tunnels shall meet the requirements of Colorado Department of Highways, OSHA, Colorado Industrial Commission and the Colorado Division of Mines whichever applies. 15 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 16 Work shall BEGIN AFTER 8:30 A.M. and all equipment s~1a11 be off the roadway BEFORE 3:30 P.M. each day. '1 r 4 PAGE NO. 1 t ~ t ORDINANCE NO. 12 Series of 1989 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 40, SERIES OF 1988, TO PROVIDE CHANGES TO AREA D REQUIREMENTS THAT CONCERN THE CONDITION OF UNDERGROUNDING UTILITIES; A NEW LOCATION FOR THE BUS STOP; A DECELERATION LANE ON THE SOUTH FRONTAGE ROAD1 A MINOR SUBDIVISIONt AND STAIRWELL ADDITION; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of t.Ze Vail Municipal Code authorizes Special Development Districts within the Town;, and WHEREAS, the Town Council approved Ordinance 40, Series of 1988 Special Development District No. 4; and WHEREAS, Glen Lyon Office Building, a Colorado Partnership, has requested to amend the existing Special Development District No. 4, Area D; and WHEREAS, the Planning and Environmental Commission has recommended that certain changes be made to Special Development District No. 4; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 40, Series of 1988 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Amendment Procedures Fulfilled, Planninq Commission Report. The approval procedures described in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No. 4. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby approved for the development of Special Development District No. 4 within the Town of Vail. ` Section 3. Chapter 18.46 Special Development District No. 4, Cascade Village, is hereby repealed and re-enacted with amendments to read as follows: 18.46.010 Purpose SpEacial Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that wi:11 be harmonious with ~he~general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 18.46.020 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwe:Lling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. _A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through 2 ti another accommodation unit, dwelling unit, or transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in section 17.26.075--17.26.120 governing condominium conversion. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as •one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 18.46.030 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SD4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.0 Glen Lyon Duplex Lots C 29.10 Glen Lyon Commercial Site D 1,8 Dedicated Open Space 40.4 Roads ~ ~ 4.7 97.955 18.46,040 Development Plan--Required--Approval Procedure A. Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Waterford, Cornerstone, Millrace 3 IV and Cascade Club sites as approved by the Town Council. Development Area D shall be allowed to have 2 development plans as approved by the Town Council. The developer shall :have the right to proceed with either one of the development plans or scenarios as defined in Section 18.46.103 B-F. B. Amendments to SD4 shall comply with the procedures outlined in Section 18.40. C. Each phase of development shall require, prior to issuance bf building permits, approval of the Design Review Board in accordance with applicable provisions of Chapter 18.52. 18.46.050 Permitted Uses A.. Area A, Cascade Village 1. First floor commercial uses shall be limited to uses listed in 18.24.030 A-C. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level. 2. All other floor levels besides first floor or street level may include retail, theatre, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined in Section 18.24.030 A of the Town of Vail zoning code in Area A) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building. 3. Lodge 4. Multi-family dwelling 5. Transient residential dwelling unit 6. Employee dwelling as defined in Section 18.46.220. 7. Cascade Club addition of a lap pool or gymnasium 4 ° B. Area B, Coldstream Condominiums 1. Two-family dwelling 2. Multi-family dwelling C. Area C, Glen Lyon Duplex Lots 1. Single family dwelling 2. Two-family dwelling D. Area D, Glen Lyon Commercial Site 1. Retail 2. Restaurant and bar •3. Business and professional offices 4. Multi-family dwelling 5. Employee dwelling as defined in section 18.46.220 18.46.060 Conditional Uses Condition al uses shall be reviewed per the procedures as outlined in Chapter 18.60 of the Town of Vail zoning code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 18.04.135 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. .Ownership intervals shall not be less than five weeks. 3. Special attraction 4. Ski lifts 5. Public park and recreational facilities 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities 2. Ski lifts 5 C. Area C, Glen Lyon Duplex Lots 1. Public park and recreational facilities 2. Ski lifts D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253. 18.46.070 Accessory Uses A. Area A, Cascade Village 1. Minor arcade. •2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B., Area B, Coldstream_Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages. or carports, private greenhouses, swimming pools, tennis courts, patios, or~other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to _ permitted or conditional uses, and necessary for the operation thereof. 4. Swimming pools, tennis courts, patios or other 6 recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. C. Area C, Glen Lyon Duplex Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses. customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. 18.46.080 Location of Business Activity A. All offices, businesses, and services permitted by Sections 18.46.050 through 18.46.070 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. 7 Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.OSi0 Density--Dwelling Units ThE~ number of dwelling units shall not exceed the following: A. Area A, Cascade Village Two hundred eighty-three point five (283.5) dwelling units, total maximum with a minimum of three hundred thirty-eight (338) accommodation units or transient residential dwelling units and a maximum of ninety-nine (99) dwelling units as defined by the table in Section 18.46.103 A-D. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Duplex Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Scenaric 1 shall allow for three dwelling units, t~vo of which shall be employee dwelling units as defined by the table in Section 18.46.103F. 18.46.1.00 Density--Floor Area A. Area A, Cascade Village The gross residential floor area for all buildings shall not exceed 289,445 square feet, except that the total maximum GRFA shall not exceed 292,245 square feet if Millrace IV Scenario 2 (32 A.U.'s) is constructed. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA. C. Area C, Glen Lyon Duplex Lots GRFA shall be calculated for each lot per Section 18.13.080 density control A and B for the primary/secondary district of the Town of Vail municipal code. No residential lot shall contain more than 4,200 square feet of GRFA per the Glen Lyon subdivision covenants. D. Area D, Glen Lyon Commercial Site Scenario 1 shall allow for three dwelling units. The gross 8 °- residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit shall be 1,630 square feet. 18.46.102 Commercial Sctuare Footage A. Area A, Cascade Village Area A shall not exceed 56,538 square feet of commercial area. Commercial uses include retail, office, theater, restaurant, uses listed in Section 18.46.050 A-1, and the special attraction use. B. Area D. Glen Lyon Commercial Site Area D shall not exceed 14,950 square feet of office for Scenario 1 or 18,275 square feet of office for Scenario 2 per the approved development plans. The micro-brewery and associated uses shall be constructed per the approved development plan. 18.46.103 Development Statistics for Area A, Cascade Village, and Area D, Glen Lyon Commercial Site 9 • ti~ A. AREA A CUhiPLETED PROJECTS ~ CASCADE RETn1L/ ON SITE ' STRUCTURE > 1 SQ FT PARKING PARKING AU DU GRFA r COP . 28 0 16 20,000 ' HILLRACE 1 25 0 14 11,534 h11LlRACE II 0 115 uESTIN -148 55,451 ' 104 seats 0 0 Alfredo's , 0 14 seats 0 ; • Cafe 0 0 1250 little Shop ' ~ 2436- 0 0 Pepi Sports 0 900 N 6 H Sm1th, Yaurnet CMC OUILDING 0 16 Cascade Wing 8 15,810 1600 0 13,3 Clancy's 28 Theatre 4220 4192 0 40 College Classrooms 954 0 d College Office 1301 0 6 Htg Room 2J TEP,RACE KING . 0 105 e Rooms 120 58,069 5856 0 20 Ret.afl 0 .~ 4. '~ COHPlETEO PRdJECTS (Cen't) AU DU GRFA CASCADE STRUCTURE PARKING RETAIL/ CORM SQ FT UN SITE PARKIIIG PlA7A 1 0 16 20 7205 Roons 0 4 1099 Retail PIAiA I1 8297 0 35 Conference 0 3 925 Retail ' CASCADE CLUB• 0 1 300 Retail 5a6 612 0 Bar B Restaurant 3 828 0 Office in CHC 1 1386 0 Wellness Center 288 17,786 38 174,135 53. 422.. TOTALS • ' .~ ,' B. AREA A PROPOSED PROJECTS 1. CURNERSTUIIE AU UR TR DU GRFA Units 50 TR 28,110 Accessory Ski Retail Restaurant Hotel Access Rest & Bar Office Conf Room Hotel Retail Scenario 1 Retail or Scenario P Retail Access Ski (Restrooms (Ski School (Lift tickets COMMERCIAL 2190 3000 2465 4850 285 l 13>250 or P 16,275 SEATS 147 82 TOTALS 50 TR 28,110 Scenario 1 26,040 or 229 Scenario P 29,065 r SQ FT 1725 1140 8865 CASCADE/WATERFORD UI1 SITE STRUCTURED PARKING PARKING . 48.1 (av room 561 sf 0,962 space/room) 1.3 19.4 10.3 19.4 7.2 .0 44.2 or 54.3 N .~ 0 0 Scenario 1 155.9 or Scenario 2 166 5 41 CASCADE/WATERFURD AREA A PRUPUSED PROJECTS (CUNT.) UN SITE STRUCTURED PARKING PARKING . 2. WATERFURD kU OR TR DU GRFA COJ~1h1ERCIAL SEATS SQ FT UN[TS ~ ~ 60 Scenario 1 30 or or 47,500 75 Scenario 2 75 TR. 3,800 12<1 RETAIL TUTAL Scenario 1 15 TR or 47,500 3,800 Scenario 2 .. 30 DU Scenario 1 72.7 Scenario 2 87,7 or 3. WESTHAVEN CONDOS UIJITS ?.0 22,500 40 Emplc~~ee Units 10 6,400 * 20 ;~ Max J• TUIaL r 20 DU 22,500 b0 ~ 4. f1I LLRACE I I I UNITS TOTAL 3 6,000 3 DU 6,000 6 5. MILLRACE•IV UN [TS Scenario 1 ~ 8 11,200 or ~ ~ 16 or Scenario 2 32 AU 14,000 26'8 TUTAL Scenario 1 8 DU 11,200 16 or 26.8 or.Scenario 2 32 AU 14,000 ~ ' o * Restricted Employee Dwelling Units sf~all not count toward density or GRFA, ' . CASCADE/WATERFORD AREA A PROPOSED. PROJECTS (CONT.) ON SITE STRUCTURED PARKING PARKING AU UR TR DU GRFA CUf4MERCIAL SEATS SQ FT __-_--- 6. CASCADE CLUB ~ • HDUiTIUf~ ' Scenario 1 4,500 22.5 Wellness Ctr 0 or Scenario 2 4,500 G~~nnasium TOTAL Scenario 1 4,500 22.5 Scenario 2 7. RUUI.1 2J CONFERENCE COf~VERTEU TU 1,381 4,500 THEATRE TUTAL 1,387 5.5 8. PLAZA OFFICE 925 TUTAL **** ~ 118,110 38,752, MAXIMUMS . Total - 101:5~DU ** Room.2J ha: already been counted as conference space parking. The new parking requirement is based on the. 'difference between confe.rence•and theatre parking requirements. .7 *** 13,365 66 Minimum 5<5 ** 310 Maximum or 235 Minimum *** Plaza space has already been counted fora retail parking re4uir.ement. The new parking requirement is based on the difference between the retail and office parking requirements. **** Total figures represent highest density and commercial scenarios. TOTAL PROJECT DEVELOPMENT COMPLETED C AND PRUPUSED FUR AREA A: o CASCADE/WATERFORD UN SITE STRUCTURED DU GRFA COMMERCIAL PARKING PARKING Maximum** Minimum*** CUPIPLETED PROJECTS 182.0 174,135 17,786 53 422 422 , PRUPUSED PROJECTS * 101.5 118,110 38,752 66 310 235 TOTAL DEVELOPMENT AT BUILD-OUT 283.5 292,245 56>538 119 Minimum 732 hiaximum with 17.5% Mixed Use Credit = 604 spaces 421 spaces in Cascade Structure and 183 spaces in Waterford Structure 651 Minimum viith 17.5% Mixed Use Credit = 543 spaces 421 spaces in Cascade Structure 122 spaces in Waterford Structure *Total figures represent highest density and como~ercial scenarios. **~~laximum parking structur~lrage~IVmScenariom2, a~dnCascade ClU~ario 2, Waterford Scenario 2, Mi Scenario 1. ***hlinimum parking structure requirement assumes Cornerstone Scenario 1, Waterford Scenario 1, Millrace IV Scenario I, and Cascade Club Scenario 1. D. TOTAL PROJECT MINIMUM AU UR TRs AND MAXIMUM DUs FUR AREA A: AU UR TR CUI~IPLETED PROJECTS, ~ 288 AU 38 PRUPUSED PROJECTS ~ 50 TR 61 ,~ TOTAL 338 99 . . o .~ E. Development Controls Area Units GRFA Acres) 16 DU/Acre .35 Original Parcel 15.68 252.00 256,437 Robbins Parcel 1.23 19.68 18,752 Co:sgriff Parcel 1.045 16.72 15,932 17.955 288.4 291,121 F. DEVELOPMENT FOR P.REA D GLEN LYON COMMERCIAL SITE USE GkFA COMM. S0. FT. PARKING 1. EXISTING OFFICE 10,150 40.6 2. Glen Lyon Office Ad 2,400 9.6 3. MICRO-BREWERY* OFFICE 700 2.8 BEER HALL 1,774 14.7 Brew Pub 1,858 15.5 Retail 446 1.5 Brew House 6,600 0 Museum 415 0 4. EAST BUILDING Scenario 1 2 Employee Dwellings 1695 ~ 4 1 Dwelling 1630 2 OFFICE I 2,400 9.6 OR or Scenario 2 OFFICE 5,725 22.9 TALS ~~cenario 1 3325 Office 14,950 Brew. 11,793 101 >cenario 2 Office 18,2.75 Brew. 11,793 108 * Additional square footage is allocated for common area per the development plan. 16 a 18.46.104 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for each area: Area A, Cascade Village: 1. Cascade Village Master Plan and Building Height, Roma, '10/10/88. 2. Waterford and Cornerstone Floor Plans, Roma, 10/10/88, p. 1-9. 3. Waterford and Cornerstone Sections, Roma, 10/10/88. 4. Waterford Landscape Plan, Roma, 10/10/88. 5. Waterford Summer Solstice, Roma, 10/10/88. 6. Waterford Site Plan, Roma, 10/10/88. 7. Waterford Elevations, Roma, 10/10/88. 8. Waterford Winter Solstice, Roma, 10/10/88. 9. Waterford East Elevation Height Analysis, Roma, 9/28/88. 10. Cornerstone Site Plan, Roma, 10/10/88. 11. Cornerstone Elevations, Roma, 10/10/88, p. 1-3. 12. Cornerstone Sun/Shade, 10/10/88. 13. Cascade Entry Rendering, Roma, 10/10/88. 14. Cascade Club Addition Site Plan, Roma, 10/10/88. 15. Cascade Club Floor Plan, Roma, 10/10/88. 16. Millrace IV (32 A.U.'s) Plan, Roma, 10/10/88. 17. Millrace IV (32 A.U.'s) Floor Plans, Roma, 10/10/88. 18. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87.- 19. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 20. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. 17 Area D, Glen Lyon Commercial Site 1. Vail Brewery Company Glen Lyon Office Site Development Area D Master Plan, Roma, 11/28/88. 2. Vail Brewery Floor Plans, Roma, 11/10/88. 3. Vail Brewery Sections and Elevations, Roma, 11/10/88, p. 1 and 2. 4. Vail Brewery Height Study, Roma, 11/22/88. 5. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma, 11/28/88. 6. Glen Lyon Parking Garage Sections/Elevations, Roma, 11/28/88. 7. Glen Lyon Condominium, Roma, 11/28/88. 8. Glen Lyon Condominium East Building, Roma, 11/28/88. 9. Office Addition to Glen Lyon Office, Floor Plan, BUFF ARNOLD/NED GWATHMEY ARCHITECTS MAY 3, 1989 SHEETS 1 AND 2 AND ROMA. ELEVATIONS. THE VAIL BREWERY MARCH 16, 1989. 10. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. 11. DECELERATION LANE L)ESIGN FOR SOUTH FRONTAGE ROAD RBD OCTOBER 18, 1988 AS APPROVED BY CO. DIV. OF HGWYS, 12. A RESUBDIVISION OF LOT 54 AMENDED PLAT GLEN LYON SUB- DIVISION, EAGLE VALLEY SURVEYING INC. AS APPROVED BY T.O.V. 18.46.110 Develo ment Standards The development standards set out in Sections 18.46.120 through 18.46.180 are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SD4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 18.46.120 Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning 18 and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford and Cornerstone buildings shall maintain a 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. •Area C, Glen Lyon Duplex Lots Required setbacks shall be governed by Section 18.13.060 Setbacks of the Primary/Secondary zone district of the Town of Vail Municipal Code. D. Area D, Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. 18.46.140 Height A. For the purposes of SD4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hote1,,CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking .Structure/Athletic Club is 71 feet. 2. Cornerstone Building._ Maximum height of 71 feet. 3. Waterford Building: Maximum height of 48 feet as measured from finished grade to any portion of the roof along the north elevation (South Frontage Road) and west elevation (Westhaven Drive). A maximum height of 40 feet as measured from the lowest floor of the parking structure to the roof eave is approved for the 19 south and east building elevations. A maximum height of 61 feet as measured from the lowest floor of the parking structure to the roof ridge is approved for the south and east building elevations. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 48 feet. 6. Millrace IV: A maximum of 48 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. •9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B, Coldstream Condominiums The maximum height shall be 48 feet. D. Area C, Glen Lyon Duplex Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D, Glen Lyon Commercial Site 540 of the roof shall have a height between 32 and 40 feet. 460 of the roof area shall have a height under 32 feet. On the perimeter of_ the buildings for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 18.46.160 Coverage I:n Areas A and B, no more than 35% of the total site area shall k>e covered by buildings, provided, if any portion of the area is developed as an institutional_or educational center; 45% of the area may be covered. In Area C, no more than 25% of the total ~~ite area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. In Area D, no more than 38a of the total site area :shall be covered by buildings and the parking structure. 20 a 18.46.170 Landscabinq At least the following proportions of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of the area shall be landscaped.b 18.46.180 Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75% of the required parking in Area A shall be located within a parking structure or buildings. If the development table in Section 18.46.103 is amended, the parking requirements shall be amended accordingly. 2. There shall be a minimum of 421 spaces in the main Cascade Club parking structure and a minimum of 122 underground spaces in the Waterford structure. 3. The Cascade and Waterford parking structures shall be considered to be one parking structure for the purposes of calculating the mixed use credit for parking spaces. Both parking structures shall be managed as one entity. A 17.5 percent mixed use credit per the Town of Vail parking code, Section 18.52.20 has been applied to the total number of required parking spaces combined in the Cascade and Waterford structures. Alternative development plans or scenarios which require additional structured parking shall require an expansion of the Waterford parking structure below ground level. 4. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 5. Phasing: All required parking for Cornerstone, .Waterford, Millrace IV Scenario 2 (32 A.U.'s), and the 21 Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade or Waterford parking structures. At the time a building permit application is submitted to the Town of Vail Community Development Department for the Waterford building and parking structure, the developer shall be required to make a final decision as to which development scenarios shall be used for the Cornerstone, Waterford, Millrace IV and the Cascade Club addition. A temporary certificate of occupancy shall not be released for any portion of the Cornerstone, Waterford, Millrace IV Scenario 2 (32 A.U.'s) or Cascade Club Wellness addition, Scenario 1 which relies on required parking being provided in the Waterford parking structure until the Waterford parking structure has received a temporary certificate of occupancy from the Town of Vail Building Department. 6. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, Millrace III, and Millrace IV Scenario 1. 7. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B, Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Duplex Lots Off-street parking shall be provided in accordance with Chapter 18.52. D. Area D, Glen Lyon Commercial Site 1. 108 parking spaces shall be provided on-site according to the approved Area D development plan. 22 2. The parking and access to Area D shall be managed per the TDA Parking Report, pages 6 and 7, August 10, 1988, by the owner of the property. 3. No loading shall be allowed on the public right- of-way along the South Frontage Road adjacent to the Area D development. 4. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. 18.46.190 Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SD4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor are in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. 18.46.200 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in Section 8.28.030 of the Town of Vail Municipal Code as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. 23 ` E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery ser~~ice line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. Tn Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. 18.46.210 Additional Amenities and Conditions of Approval for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. C. Area A, Cascade Village 1. The developer shall be responsible for providing a break-away bollard for the emergency access road between Eagle Pointe and Westhaven Drive. The design of the bollard shall be mutually acceptable to the developer and Town of Vail. This improvement shall be .constructed when a building permit is requested for 24 the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. The bollard shall be included in the permit plans. The bollard shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. 2. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 3. The developer shall provide 100 year flood plain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 4. The conditions for Area A in Sections 18.46.020 B, 18.46.180 A.1-7, 18.46.200 C, E, F, I, J, 18.46.210 C, 1-3, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County: The developer shall be responsible for submitting the written conditions to the Town Attorney within 30 days after the Town Council's final approval of the SDD ordinance. 25 D. Area D, Glen Lvon Commercial Site 1. The developer shall agree to construct a bus LANE per Town of Vail standards IN THE AREA OF THE PORTE- COCHERE OF THE MICROBREWERY in Area D. The specific location for the bus LANE shall be mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town of Vail. The bus LANE shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. 2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan for Area D. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. THE BIKE PATH EASEMENT SHALL BE REPLATTED AND APPROVAL OBTAINED FROM THE TOWN COUNCIL PRIOR TO THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR EITHER THE BREWERY ADDITION, OFFICE EXPANSION, EAST OFFICE BUILDING OR PARKING STRUCTURE. 3. The developer shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building, or 26 parking structure. THE DEVELOPER SHALL BE REQUIRED TO ESCROW FUNDS TO COMPLETE THE UNDERGROUNDING OF UTILITIES ALONG THE NORTH SIDE OF AREA D FROM THE NORTHWEST CORNER OF THE PROPERTY TO THE NORTHEAST CORNER OF THE PROPERTY IF HOLY CROSS IS UNABLE TO COMPLETE THE UNDERGROUNDING OF THE UTILITIES PRIOR TO THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR THE BREWERY ADDITION, OFFICE EXPANSION, EAST OFFICE BUILDING, OR PARKING STRUCTURE. THE AMOUNT OF MONEY ESCROWED FOR THE UTILITY WORK SHALL BE APPROVED BY HOLY CROSS AND THE TOWN COUNCIL. 4. The developer shall be responsible for relocating the 20 foot utility easement on the western portion of Development Area D as well as obtaining approval from the Town of Vail for the relocated utility easement before a building permit is released for the micro- brewery addition. 5. The developer of the Glen Lyon Office property shall not file any remonstrance or protest against the formation of a local improvement district of other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. The developer shall provide a fire hydrant per Town of Vail Fire Department requirements.on the northwest portion of the property. The specific location for the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building, or parking structure. 7. THE DEVELOPER SHALL CONSTRUCT A DECELERATION LANE ALONG SOUTH FRONTAGE ROAD PER THE CDOH ACCESS PERMIT. 8. The conditions for Area D in Sections 18.46.180 D, 18.46.200 C, F, G, H, I, J, 18.46.210 D, 1-7, and 18.46.220 shall be set forth in restrictive covenants L~ subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney FOR APPROVAL BEFORE A BUILDING PERMIT SHALL BE ISSUED FOR THE MICRO-BREWERY, OFFICE EXPANSION, EAST OFFICE BUILDING, OR PARKING STRUCTURE. 9. THE MINOR SUBDIVISION FOR AREA D SHALL BE DEVELOPED PER THE FOLLOWING CONDITIONS: a. THE DEVELOPMENT OF PARCELS A, B, C, AND D, SHALL BE LIMITED TO THE SDD 4 DEVELOPMENT PLAN AND GOVERNED BY THE SDD 4 ORDINANCE AS APPROVED BY THE TOWN OF VAIL AND ON FILE WITH THE DEPARTMENT OF COMMUNITY DEVELOPMENT OR AS AMENDED AND APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ENVIRONMENTAL COMMISSION, AND/OR THE VAIL TOWN COUNCIL b. THE MINOR SUBDIVISION PLAT SHALL INCLUDE A STATEMENT THAT DEVELOPMENT OF THE FOUR PARCELS SHALL BE GOVERNED BY THE APPROVED SDD 4 DEVELOPMENT PLAN FOR AREA D AND GOVERNING ORDINANCES. c. THE COMMUNITY DEVELOPMENT DEPARTMENT AND TOWN OF VAIL ATTORNEY SHALL HAVE THE RIGHT TO REVIEW AND REQUIRE CHANGES IN ANY "AGREEMENTS OF TENANTS IN COMMON", "CONVEYANCE OF EASEMENT AND PARTY WALL AGREEMENTS", AND ANY OTHER EASEMENT OR OWNERSHIP AGREEMENTS RELATED TO THE DEVELOPMENT OF PARCELS A, B, C, AND D TO ENSURE THAT THE FOUR PARCELS ARE DEVELOPED PER THE APPROVED DEVELOPMENT PLAN IN SDD 4 ORDINANCE. d. THE DEVELOPER SHALL• BE RESPONSIBLE FOR REPLATTING THE 20 FOOT UTILITY EASEMENT ON THE WESTERN PORTION OF DEVELOPMENT AREA D AS WELL AS OBTAINING APPROVAL FROM THE TOWN OF VAIL FOR THE NEW UTILITY EASEMENT BEFORE THE MINOR SUBDIVISION PLAT IS RECORDED. 28 e. ANY MODIFICATIONS OR AMENDMENTS TO THE MINOR f. SUBDIVISION CONDITIONS OF APPROVAL AGREEMENT SHALL BE REVIEWED AS A MAJOR AMENDMENT UNDER THE PROCEDURES OUTLINED IN SECTION 18.40 OF THE TOWN OF VAIL ZONING CODE. THE CONDITIONS FOR THE MINOR SUBDIVISION IN SECTION 18.46.210 D9 A, C, AND E, SHALL BE SET FORTH IN RESTRICTIVE COVENANTS SUBJECT TO THE APPROVAL OF THE TOWN ATTORNEY AND ONCE SO APPROVED SHALL BE RECORDED ON THE LAND RECORDS OF EAGLE COUNTY. THE DEVELOPER SHALL BE RESPONSIBLE FOR SUBMITTING THE WRITTEN CONDITIONS TO THE TOWN ATTORNEY BEFORE THE MINOR SUBDIVISION IS RECORDED ON THE LAND RECORDS OF EAGLE COUNTY. 18.46.220 Employee Housing The development of SDD 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Areas A and D shall build a minimum of 10 employee dwelling units within either Area A Westhaven Condominium building or Area A Westhaven Condominium Building and Area D East building. Each employee dwelling unit shall have a minimum square footage of 648 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for 5D4. The GRFA and number of employee dwelling units shall be restricted as employee dwelling units for 20 years plus the life of Tiffany Christine Lowenthal from the date of final certificate of occupancy for said units. The employee dwelling unit shall not be leased or rented for any period. of less than 30 consecutive days, and that if rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle- Vail, and Avon and their surrounding areas. A full time employee is a person who works an average of 30 hours per week. If a unit is sold, it shall be sold only to a full time employee 29 in the Upper Eagle Valley. The owner shall occupy the unit or leases/rent as per the requirements in this section. The employee dwelling unit shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land befoz-e a building permit is released for the construction of the employee units. 18.46.230 Time Requirements SD4 shall be governed by the procedures outlined in Section 18.40.120 of the Town of Vail Municipal Code. 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 affeci~ 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 repeal or the repeal and re-enactment 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 herek~y shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. s0 INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1989, and a public hearing shall be held on this ordinance on the day of , 1989 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1989. ATTEST: Kent R. Rose, Mayor Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk • ~ ~ ~ 1 ~_ EYiiIBIT "A" KO.ELIIEL PROPERTY DEVELOPi~lEi;T AREA A Vail-Rose 12.370 acre A part of the SW 1/4 NE 1/4 of Section 12, Township•5 South, Range 81 West of the 6th P.M., described as follows: 1 Beginning at a point on the West line of said SL~7 1/4 ;, NE 1/4 from which the North one-quarter corner of said Section bears North 0015` East 2269.48 feet; thence North 0015' East, along said West Line, 152.36 feet to a point on the Southeasterly right of way line of U.S. Highway rdo. 6; thence, along said Southeasterly right of way line, as follo~•~s: North 52027' East, 102.31 feet; North 49°20' East, 519.57;feet; and North 48°13' East, 549.09 feet, more or less, to a point on thE~ North line of said SW 1/4 NE 1/4; thence North 88°33' East, along the North line of said Sj•J 1/4 NE, 368 feet, more or less, to a point on the centerline of Gore Creek; thence, along the centerline of Gore Creek, as follows: South South South South South West, 1064.10 fe Rose Parcel 36049' ~4est, 101.04 feet; 18021' West, 54.08 feet; 1024' West, 205.02 feet; 12010' West, 110.25 feet; and 28°41' jti'est, 242.35 feet, thence South 75°15' =t to the point of beginning. 3.190 acre A tract of land situated in the S~d1NE~ of Section 12, TP 5 S., R. 81 W., of the 6th P.:i., lying Southerly of that certain tract of land described in Book 199, Page 197, Northerly and Westerly of the center line of Gore Creek, and lying Northerly and Easterly of those certain tracts described in Book 211 at Page 106, Book 211 at Page 108 and Book 215 at Page 365, described as follows: Beginning at a point on the North-South center line of sa_Ld Section 12 whence the North quarter corner of said Section 12 bears N. 00015' E. 2269.48 feet; thence N. 75°15' E. 346.26 feet to the true point of beginning, said point being on the South line of that tract described in Book 199, Page 197 and which bears S. 08026' E. 2205.34 feet from t:he North quarter corner of said Section 12; thence N. 75°15' E. 717.84 feet along the Southerly line of that tract described in Book 199, Page 197 to the center of Gore Creek; thence S. 28041' W. 130.61 feet along the center line of said Creek; thence S. 05024'30" E. 104.50 feet along the center line of said Creek; - thence S. 49029' W. 95.50 feet along the center line of said Creek; thence S. 22034' W. 124.47 feet along the center line of said Creek; thence S. 54000' W. 119.34 feet along the center line of said Creek; to the Southeast corner of that certain tract of land described in Book 211, Page 108; thence N. 33°16'30" W. 140.12 feet along the Easterly line of that tract described in Book 2I1 at page 108; thence N. 57042'30" W. 169.88 feet along the Northeasterly line of that tract described in Book 211 at page 108; thence N. 86°02'30" iJ. 162.92 feet along the Northerly line of those tracts described in Book 211 at Page 108 Book 211 at Page lOG to.a point; thence N. 32057' 30" t9. 76.08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of beginning. - e ` o , ° .. • ~o • ~ • • ~ _ Vs s 6. 9 , • Heede Parcel 1.260 acres County of Eagle and State of Colorado, to wit: A tract of land situated in the SW;NE-~, of Section 12, Township 5 •• South, Range S1 West of the 6th Principal Meridian, described as follows: Beginning at a point on the North-South center • line of said Section 12 whence the North Quarter Corner of said Section 12 bears North 00 degs. 15 mins. East 2269.48 feet; thence North 75 degs. 15 mins. East 346.26 feet; thence South 32 degs. 57 mins. 30 secs. East 76.08 feet; thence South 11 degs. 00 mins. 30 secs. West 279.99 feet to a point in the center of Gore Creek; thence North 50 degs. 32 mins. West 111.31 feet along the center line of said creek; thence North 38 degs. 40 mins. West 239.09 feet along the center line of said creek; thence South 76 degs. 35 mins. West 89.91 feet along the center line of said creek to a point on the North-South center line of said Section 12; thence North 00 degs. 15 mins. East 13.95 feet along the North-South center line of said Section 12 to the point of beginning. Total 16.820 acres GORE CREEK ASSOCIATES PROPERTY DEVELOP~IE`:T AREAS B, C & D 80.700 acres Legal Description All that part of Section 12, To~•mship 5 South, Range 81 West of the 6th P.N1. , described as follows All that part of the N~NEa of Section 12, lying Southerly of the . Southerly right-of-way line of U.S. Highway No. 6 and Northerly of the Southerly line of said N ENE; , as shoran on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterly line of said N~NE4j whence the Northeast corner of said Section 12 bears North 0003' West 634.785 feet; thence South 73°26'30" West 1112.13 feet along the Southerly right of way line of said highway; thence South 70°34' West 125,10 feet along the Southerly right of way line of said highway; thence South 69°25' West 100,00 feet along the Southerly right of way line of said highway; thence South 65°50' West 100.00 feet along the Southerly line of said highway; thence South 62015' West 100,00 feet along the Southerly•right of way line of said highway; thence South 58°40' West 100.00 feet along the Southerly right of way line of said highway; thence South 55°05' West 100,00 feet along the Southerly right of way line of said highway; thence South 51032' West 100.00 feet along the Southerly right of way line of said highway; thence South 47°57' West 232.58 feet along the Southerly right of way line of said highway to a point on the Southerly line of said N ENE;; thence North 88°33' East 497.67 feet along the Southerly line of said N1NE4 to the center of the NE; of said Section 12; thence North 88°33' East 1379.35 feet along the Southerly line of said N 2NE; to .the Southeast corner of said N ;NE ;; thence North 0°03' West 760.95 feet along the Easterly line of said NINE; to its intersection with the Southerly line of said highway, the point of beginning, ~~ ` ~ ~ ~ • ~ CONTI~Ci'ED AND All that part of the S~4;NE; of Section 12, lying Southerly of the center of Gore Creek as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at. the Northeast corner of said SW;NE;; • thence South 88°33' West 131.67 feet to a point in the center of -., said Creek; ~'"=`.- thence South 40°09' West 94.04 feet along the center of said Creek; thence South 18°21' West 54.08 feet along the center of said Creek; thence South 1°24' West 205.02 feet along the center of said Creek; thence South 12°10' West 110.25 feet along the center of said Creek; thence South 28°41' West 320.00 feet; thence South 5°24`30" East, 170.00 feet along the center of said creek; thence South 27°00'02" West 85.24 feet along the center of said creek; thence South 54°00' West 259.34 feet along the center of said creek; thence South 65°34' West 1.09.62 feet along the center of said creek; thence South 69004' West 1.86.13 feet along the center of said creek; thence South 85°25' West E~8.88 feet along the center of said creek; thence North 77°36' West 26.96 feet along the center of said creek; thence North 50°32' West 199.19 feet along the center of said creek; thence North 38°40' West 239.09 feet along the center of said creek; thence South 76°35' ~•7est 89.91 feet along the center of said creek; • to a point on the 6.7esterly line of said SW;NE;; thence South 0015' West 4Ei1.90 feet to the center of said Section 12; thence North 89.02' East 1382.65 feet along the Southerly line of said S~•;;NE; to the Southeast corner of said SS4;NE; thence North Oo06' East 1384.32 feet along the Easterly line of said SWsNE; to the Northeast corner of said SWSNE;, the point of beginning, `~ AND The NW;SE; of Section 12, Township 5 South, Range 81 t~7est of the 6th P.M.; AND A11 that part of the SE;NSJa of Section 12, Township 5 South, Range 81 West of the 6th P.M., lying Southerly of the Southerly right of way line of U.S. Highway No. 6, as shown on the plat. on file in the officEa of the Eagle County Clerk and Recorder as Document No. 97489, descr~.bed as follows : Beginning at the Southeast corner of said SE;Nti4;; thencE~ South 89°02' West 836.95 feet along the Southerly line of said SE;NW; to a point on. the Southerly right of way line of said highway; thencf~ North 52035' East 1057.07 feet along the Southerly right of way line of said highway to a point on the Easterly line of said SE;NW'; ; thence South 0°15' West 628.21 feet along the Easterly line of said SE4NW; to the Southeast corner of said SE;NW;, the point of beginning; EXCEPT THE FOLLOWING: that part described in Book 188 at page 545; that part described in Book 191 at page 241; that part described in Book 203 at page 231; C% ~ CONTINUED that part described in Book 203 at page 531; .-~ -~' . that certain island adjacent to the above-described property, located in the middle of Gore Creek, which the parties intend to exclude from this transaction; County of Eagle, State of Colorado ' ' _ ',;; *~ . ~. =- ,'. • i \•~' • ~ ~• .e. ~. . _, .,' 'a •";t'.; •~..' . . •', , a and ~~`~t°'~:;--. •`" '! S. •'~s,:. ..,. ~: ..' ~r • tf"Y': ALSO THE FOLLO~rlING PARCEL FORi•iERLY KNOIJN AS THE "COSGRIFF PARCEL" A tract of land situated in the SW 1/4 NE 1/4 of Section 12, Township S South, Range 81 [,lest of the 6th Principal Meridian, lying ivorthwesterly of the center line of Gore Creel: described as follows: Beginninv at a point khence the Forth Quarter Corner of said Section 12 besrs I~. 11°03' k'. 2292.72 feet; thence S. 86°02'30" E. 89.50 feet; thence S. 54`42'30" E. 169.8& feet; thence S. 33`16'30" E. 1~O.I2 feet to a point in the center of said creel:; thence S. 65`34' [.'. 109.62 feet along the center 1inE of said creel:; thence S. 6°`04' F.. 9Ci.78 feet a]ong the center line of said creel: ; thence :~. X3`1%' 30" 4, . 317 .54 feet to the point of beginning, containing 1.05 acre, L',OrE Or lEcc s F:LSU DESCi. 1 EED .- ~., _:et_n-:i^.~ at c p:~il't l•:i:°-:CE ttlE :~0: t`. ,.:2-Lc: ,._9_~i~ lEE; t},c?-iCE ~ f:,`~~'1~" L ~:~~• ie['~t.; thencE S. 57`25'x0" E. 165.46 feet; thence S. • 32°59'30" E. 141.47 feet to a point in the center of said creek; thence S. 65°31'36" W. 109.62 feet along the center line of said creek; thence S. 69°01'36" [•1. 103.02 feEt a]ong the Center 1 i ne of said cree}: ; thencE t:. 23 ` 24 ' 0~" l•;. 319.09 feet to the point of beginr.in~.. TOGETHEF. W1TH an easenent as described in•Document recorded AU~L'St 5, 1560 in Bool: 306 at Pale 443 ...... .~E:..~l•~CEG i-. .:c~o1:~ 3C•- at ;~GCC C(' of the Laf;le County records. ALSO including all water and well ri€hts • appurtenant to the above described property, • including e,ithout lizritatior:, [~:el] Fermit IJo, 9!702, ~:ater rights decreed in Ci~'i] Action ho. 2375 in Lag]E Countti• District Court, and al ] that portio:, of ~:ater ri€hts decreed in C;~se 1:0. 80 C[~; 4]0, [•:ater L'ivisior, 1:0. 5, (GorE J:o. 1 [•7e11 - U.05 cis) Y ~EC~ JUN - 2 '~~~iy June 2, 1989 Mr. Ron Phillips Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Ron: There is a strong possibility that I will not be in town to attend the public hearing for the Booth Creek Special Improvements District on June 6, 1989. I would, therefore, like to address two very important points that I feel are critical to the purpose of the District. First of all, I want to reiterate my support for allocating the improvement cost on a per property owner basis as has been used in your Notice of the Public Hearing. The property owners that were active in moving this project forward addressed this issue early in the process and concluded that this approach was the most fair considering the purpose for the Improvements. The purpose is really two-fold. The primary consideration is life\ safety, the second is the removal of the affected properties from the currrent hazzard designation. Since everyone shares in these benefits equally, the allocation should be equal. The second important point pertains to the removal of the properties to be included in the Local Improvement District from the current "hazzard" designation. I had hoped that this issue would be addressed in the Public Hearing Notice since such removal is one of the principal reasons for the significant expenditure by the affected property owners and the Town of Vail. During the Public Hearing process, I would like to have the Town Council acknowledge the following: That the engineering design contract provides that if the rockfall mitigation devise is built as designed, then they will certify that the rockfall hazzard has been adequately mitigated and, That. upon receipt of such certification (or whatever such applicable document is called) the Town Council will cause the properties within the Improvement District to be removed from all such rockfall hazzard designations. Sincerely ~\\~ Jack Acuff 3235 Katsos Ranch Road ~. ~~~ ~U~ek:~cec~ ~ ~4[~, ~rt.~. .~~ 700 ~a7ioyr~icun, ~~~,~riu~ 270.9.E (~O~J 560 =~1~0,2 ~~~.~ ~30~J 560=1769 May 30, 1989 Town Manager 75 South Frontage Road Vail, CO 81657 Dear Sir: As owner of Block 1, Lot 2, Unit 1, Marquez Duplex, ' Vail Village 12 Filing, I am writing to express my unqualified support for the Town's actions in creating an improvement district for the construction of the Booth Creek berms. This is more than a matter of property value; it is necessary for life safety. Sin Lyn LD/sjb cc: Jack Acuff PROTEST TOWN OF VAIL, COLORADO BOOTH CREEK LOCAL IMPROVEMENT DISTRICT Name(s) of affected parcel owner(s) e ~~~ I~ ! ~ ~ ~-(~ ~ ~. V~-N ~ -~ ~ ~ .---. .S v,r .~-y~ ~ t Mailing address of parcel owner(s): Address of affected parcel e '~ (, ~ (~ ? ~ L ~ ~ y ~, \ V : \~~~ t~ Legal description of affected parcel a ~ (~,_ `~ -z ~ o ~ ~ y ~` 3 we ~ the affected parcel owner(s), do hereby wish to protest the creation of the Town of Vail, Colorado, Booth creek Local Improvement District, and state that Y(we) oppose said district and the inclusion of our parcel in said district. Signed this ~'~ day of ~ 1989. 0 Parcel Owner(s)e (If signed by an agent or other authorized person, include evidence of said authority or agency. ~teturn this protest too Vail, Colorado 81657. Town Manager, 75 South Frontage Road, ~~ Ss~ '{ ~ ~ ~ 1 C L L < <M. ~ ~Jv ~'S' i..,:~._,,~ -~-o G :~ v t~ ~ ~ ~.b ~: ,l2 L/ ~. c_ ~ l .5 s ~~' r /~ a ~ "TZ-c % G~ ~ ~~ . j a R ,~ r 1'L ~~ r !.~ STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) The Town Council of the Town of Vail, Colorado, met in regular session in full conformity with the Town Charter and the applicable laws, rules and regulations of the Town, at the Vail Municipal Building, Vail, Colorado, the regular meeting place thereof, on Tuesday, the 6th day of June, 1989, at the hour of 7030 p.m. The following members of the Town Council were present: Mayoro Kent R. Rose Mayor Pro Temo John C. Slevin Council Members: Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg The following members of the Town Council were absent: The following persons were also present: Town Managera Rondall V. Phillips Town Attorney: Lawrence A. Eskwith Director of Adminis- trative Services: Charles Wick Thereupon the following proceedings, among others, were had and taken: Council Member introduced and moved the approval on first reading of the following Ordinance, which was then read by title, sufficient copies of the full Ordinance having previously been made available to the Town Council and to the publico r ,. ORDINANCE NO. 13 Series of 1989 AN ORDINANCE CREATING TOWN OF VAIL, COLORADO, BOOTH CREEK LOCAL IMPROVEMENT DISTRICT; APPROVING THE PLANS FOR AND AUTHORIZING THE CONSTRUCTION AND INSTALLATION OF SPECIAL AND LOCAL IMPROVEMENTS THEREIN, IN CONNECTION WITH WHICH SPECIAL ASSESSMENTS SHALL HEREAFTER BE LEVIED TO PAY A PORTION OF THE COST THEREOF; APPROVING THE METHOD OF APPORTIONING SUCH ASSESSMENTS? MAKING FINDINGS AND CONCLUSIONS BASED UPON EVIDENCE PRESENTED AT A PUBLIC HEARING CONCERNING THE FOREGOING; AND SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS, pursuant to the Charter of the Town of Vail, Eagle County, Colorado (the "Town'°), Title 20 of the Vail Code and Resolution No. 30, Series of 1988, the Town Council held a public hearing on June 6, 1989, relating to the creation of a local improvement district for the construction and installation of certain special and local improvements to the Booth Creek area of the Town; and WHEREAS, the Town Council has considered the testimony and other evidence presented at said hearing and all comments made by affected parcel owners and members of the general public relating thereto. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Based upon all the evidence, the Town Council finds as follows: 1.1 Pursuant to Resolution No. 30, Series of 1988, the Town Council has duly initiated by appropriate order the special and local improvement project (the "Project") described herein. -2- r 1.2 The Town Manager or his delegee has duly held administrative hearings relating to the Project for the purpose of informing affected parcel owners about the same and about the assessments proposed, and for the purpose of providing the affected parcel owners the opportunity to respond thereto. 1.3 Notice of a public hearing on the Project and assessments therefor and the formation of a local improvement district in the required legal form was published in The Vail Trail, a newspaper of general circulation in the Town, on May 26, 1989. 1.4 A copy of the same notice was mailed by first-class mail, postage prepaid, on 'May 23, 1989, to all affected parcel owners at their last known addresses as shown on the real parcel assessment rolls for general (ad valorem) taxes of Eagle County, Colorado, as of May 18, 1989. In addition, steps were taken by Town officials to ascertain the current owners of affected properties. and their addresses, if such differed from the information shown in the tax records, and attempts were made to furnish them with actual notice via mail. Included with each mailed notice was a form entitled "Protest" that could be used to protest against the Project. 1.5 All necessary legal requirements and conditions precedent for initiation of the Project and for the public hearing on the same held on June 6, 1989, have been fully performed, met and satisfied. 1.6 A public hearing on the Project and assessments therefore and the formation of a local improvement district was duly held on June 6, 1989, and full opportunity was afforded all affected parcel owners to present their views. -3- 1.7 There have been no protests filed in accordance with the Charter and Title 20 of the Vail Code. The Town Council therefore finds and determines that protests were filed by less than 50 percent of the affected parcel owners in the proposed local improvement district. The Town Council hereby determines that the Project should proceed, as it is necessary for the preservation of the public health, safety and welfare and is in the public interest. 1.8 Schematic design plans for the Project, which generally includes constructing and installing certain berms and barriers to prevent falling rock from reaching and damaging private property, have been duly presented to the Town Council. The schematic design plans are hereby approved. 1.9 The improvements to be constructed and installed are special and local improvements that also confer general benefits upon the Town. The Town Council finds it is appropriate that the general public share in a portion of the cost of the improvements. The total estimated cost of the improvements is $335,000. The portion of the cost of the improvements to be borne by the Town is $20,000. The portion of the cost of the improvements to be defrayed by the levying of special assessments against affected parcels specially benefited thereby shall not exceed $315,000, except as permitted by the Vail Code and as provided in the notices previously published and mailed to affected parcel owners. The cost estimate and apportionment are found to be satisfactory and reasonable in every respect. 1.10 Parcels proposed to.be assessed abut or are in the vicinity of the improvements to be constructed and installed and will benefit from the construction and installation thereof. The improvements will confer substantial special -4- benefits on all of the affected parcels within the boundaries of the local improvement district, which special benefits are separate and distinct from the general benefits to the Town that will also result therefrom. 1.11 The proposed assessments on specially benefited parcels have been determined by assessing an equal amount of the total cost to be assessed against each parcel of land within the proposed local improvement district. For purposes of this ordinance, "parcel" shall mean a lot, tract or parcel of land which is separately identified on the property tax records of the Eagle County assessor's office. The Town Council hereby determines that method of assessment to be fair and equitable and that it results in a reasonable apportionment consistent with the benefits to be conferred by the Project. 1.12 The Town has jurisdiction over the Booth Creek area where the improvements are to be made and over all of the affected parcels to be included in the local improvement district. Section 2. The Town Council finds, concludes and orders as followse 2.1 The Town Council, in addition to the express determinations hereinabove set forth, by the adoption of this Ordinance finds that no protests, objections or remonstrances were made, either in writing or orally at the public hearing. 2.2 There is hereby created within the corporate limits of the Town of Vail, Eagle County, Colorado, a local improvement district to be known and designated as "Town of Vail, Colorado, Booth Creek Local Improvement District" (the "District") for the purpose of constructing and installing -5- certain improvements to mitigate rockfall damage in the Booth Creek area of the Town and of assessing a portion of the cost thereof to the parcels specially benefited thereby. 2.3 The area to be included within the boundaries of the District and to be assessed for a portion of the cost of the improvements shall be all the real property described in Exhibit A attached hereto. 2.4 The schematic designs for the improvements are hereby approved, subject to modifications that could be imposed due to cost constraints. The construction and installation of the improvements within the District as shown by the preliminary plans are hereby authorized and ordered. 2.5 The Town shall pay $20,000 of the cost of constructing and installing the improvements. The remaining costs shall be assessed against the parcels in the District. 2.6 The Town Council has determined, and does hereby determine, that assessments shall be levied against the affected parcels in the District (the parcels specially benefited by the improvements therein) according to the method described in Section 1.11 of this Ordinance. 2.7 After considering all of the circumstances and weighing the factors specified in Title 20 of the Vail Code, the Town Council has determined, and does hereby determine, that as a result of the improvements to be constructed and installed within the District each such parcel will receive a special benefit in an amount which equals or exceeds the amount of the particular assessment to be assessed against each parcel as indicated on Exhibit A; that said method of assessment is a fair and equitable method; and that the assessments are in proportion -6- to the special benefits conferred upon such parcels. Accordingly, the method of assessment is hereby approved. 2.8 The proposed assessment schedule shown on Exhibit A attached hereto is hereby approved. The assessments to be levied against the affected parcels shall not exceed the assessment amounts provided in said schedule except as provided by the Vail Code and notice previously published and mailed to affected parcel owners. 2.9 The total cost of the Project (excepting the amount to be paid from sources other than special assessments) shall be apportioned upon the substantial completion of the improvements in an assessment roll against each parcel to be assessed as herein described. After notice thereof and a hearing thereupon, assessments shall be levied by ordinance of the Town Council using the method of assessment provided for herein. The assessments shall be a lien until paid in the several amounts assessed against each such parcel from the effective date of the assessing ordinance. 2.10 All assessments shall be due and payable without demand within 30 days after the adoption and final publication of the assessing ordinance. Parcel owners shall be permitted, at their election, upon the levy of assessments to pay such assessments on an installment basis in not more than 10 substantially equal annual installments beginning March 1, 1990 at an interest rate not to exceed twelve percent per annum, but not less than the highest interest rate borne by any special assessment bonds issued to pay the cost of the improvements. Interest shall be computed on the outstanding principal and shall be paid at the same times as installments of principal. -7- 2.11 Pursuant to the laws of the State of Colorado, the Town Charter, and Title 20 of the Vail Code, special assessment bonds (the "Bonds") of the Town shall hereafter be issued for the purpose of paying for the improvements described in this Ordinance, in an aggregate principal amount not to exceed the cost and expenses of providing said improvements, including engineering, legal and incidental costs, and interest as provided by law. The Bonds shall be issued based upon estimates approved by the Town Council and as authorized by an Ordinance to be passed by the Town Council at a later date. The maximum met effective interest rate on the Bonds is twelve percent per annum. The principal of and interest on the Bonds shall be payable from the special assessments authorized herein to be levied against the parcels of real property within the District. Section 3. The officers of the Town are hereby authorized and directed to enter into such agreements and take all action necessary or appropriate to effectuate the provisions of this Ordinance and to comply with the requirements of law. Section 4, All actions not inconsistent with the provisions of this Ordinance heretofore taken by the Town and by the officers thereof and directed toward the creation of the District, the construction and installation of the improvements therein, and the levy of assessments to pay a portion of the cost thereof are hereby ratified, approved and confirmed. Section 5. All ordinances or resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed. This repealer shall not be construed to revive any ordinance of part of any ordinance heretofore repealed. -8- Section 6. If any section, paragraph, clause of provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, class or provision shall not affect any of the remaining provisions of this Ordinance. Section 7. The Town Council finds that this Ordinance is necessary to and for the benefit of the public interest and the public health, safety, and welfare. INTRODUCED, READ BY TITLE, PASSED ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL this 6th day of June, 1989. (TOWN SEAL ) ATTEST: Town Clerk Town of Vail 1~[ayor Town of Vail -9- READ BY TITLE, FINALLY APPROVED ON SECOND READING, ADOPTED AND ORDERED PUBLISHED BY TITLE ONLY THIS 20th day of June, 19890 1~ayor Town of Vail (TOWN SEAL) ATTESTo Town Clerk Town of Vail -10- Exhibit A Description of parcels to be assessed and schedule of assessments -11- PROPOSED ASSESSMENT SCHEDULE Amount of Owner and Address Parcel Owned Assessment Jack P, and Carol A. Acuff P.O. Box 525 Vail, CO 81658 Block 1, Lot 5, Vail Village 12th Filing $12,116 Pat and Anne Baker 3135 Booth Falls Court Vail, CO 81657 Pat and Anne Baker 3135 Booth Falls Court Vail, CO 81657 Edith A. Boulware 1104 Montecito Drive San Angelo, TX 76901 Brandess-Cadmus Real Estate, Inc 281 Bridge Street Vail, CO 81657 George H. Clowes, Jr. Robert Lammerts c/o Lammerts 125 Park Avenue Oklahoma City, OK 73102 Block 1, Lot 10, Unit B, Vail Village 12th Filing Townhouse Lot 1, Parcel B, Vail Village 12th Duplex Resub of Lot 2 Block 2, Lot 6, Vail Village 12th Filing Block 1, Lot 10, Unit A, Vail Village 12th Filing Townhouse Block 2, Lot 3, Vail Village 12th Filing $12,116 $12,116 $12,116 $12,116 $12,116 Crown Corr, Inc. P.O. Box 1750 Highland, IN 46322 Lynn S. Deutschman 448 Garrison Forrest Owings Mills, MD 21117 Daniel J. and Barbara A. Feeney P. 0. Box 3385 Vail, CO 81658 John W. Gray 1902 West Colorado Avenue, Suite A Colorado Springs, CO 80904 Edward J. Gund P.O. Box 3145 Vail, CO 81658 Edward M. & Katherine Gwathmey 3226 Katsos Ranch Road Vail, CO 81657 Jeanine Hallenbeck 3236 Katsos Ranch Road Vail, CO 81657 Arthur S. and Shelby G. Kleimer Lawrence and Susan C. Ast P.O. Box 2244 Vail, CO 81658 Block i, Lot 11, Resubdivision of Lot 7, Vail Village 12th Filing Block 1, Lot 2, Unit 1, Marquez Duplex, Vail Village 12th Filing Block 2, Lot 2, Unit B, Vail Village 12th Filing Block 1, Lot 6, Unit B, Vail Village 12th Filing Townhouse Block 2, Lot 8, Vail Village Filing 12 Block 1, Lot 2, Unit B Marquez Duplex Block 1, Lot 4, Vail Village 12th Filing Block 2, Lot 7, Vail Village Filing 12 $12,116 $12,116 $12,116 $12,116 $12,116 $12,116 X12,116 $12,116 Robert P. Lammerts Block 2, Lot 4, Vail Village $12,116 125 Park Avenue 12th Filing Oklahoma City, OK 73102 Robert Leavitt Parcel A, Vail Village $12,116 6065 South Quebec Street 12th Filing Denver, CO 80111 Margem III Lot 8, Resubdivision of Lot 7, Block 1, $12,116 2525 Camino Del Rio South Parcel B-1, 8-2, Vail Village San Diego, CA 92108 12th Filing Duplex Charles H. L. McLaughlin Block 1, Lot 6, Unit A, Vail Village $12,116 P.O. Box 112 12th Filing Townhouse Vail, CO 81658 Jorge A. and Sybill R. Navas Block 1, Lot 9, Resubdivision of Lot 7, $12,116 3255 Katsos Ranch Road Vail Village Filing 12 Vail, CO 81657 Jerome J. Ruther Parcel A, Vail Village 12th Duplex, Lot 3 $12,116 1245 Sunset Road a resubdivision of Lot 7, Vail Village Winnetka, IL 60093 Filing 12 Michael D. and Cynthia Steimle Block 1, Lot 1, Vail Village $12,116 John D. and Ruth K. Steimle Filing 12 P.O. Box 2024 Vail, CO 81658 Ray E. Story and Pamela V. Story Block 1, Lot 3, Vail Village $12,116 3230 Katsos Ranch Road Filing 12 Vail, CO 81657 Joe H. Tonahill, Jr. Block 2, Lot 5, Unit A, Vail Village $12,116 P.O. Box 3326 12th Filing Townhouse Vail, CO 81658 Joe H. Tonahill, Jr. Block 2, Lot 5, Unit B, Vail Village $12,116 P.O. Box 3326 12th Filing Townhouse Vail, CO 81658 Vail Mountain School Block 2, Lot 12, Vail Village $12,116 P.O. Box 602 12th Filing Vail, CO 81658 James H. and Thomas F. Heisberg Block 2, Lot 2, Unit A, Vail 'Village $12,116 Peggy Jo Epstein 12th Filing P.O. Box 597 Denver, CO 80201 Council Member the motion, and the question bein reading of the foregoing Ordinance, following resulto duly seconded upon the approval on first the roll was called with the Council Members voting "Yes": Kent R. Rose John C. Slevin Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg Council Members voting '°No"o Council Members having voted in favor of said motion, the Mayor thereupon declared the Ordinance duly approved on first reading and directed that the Ordinance, as approved, be published once in full in The Vail Trail, a newspaper of general circulation within the Town and legally qualified for Town publications, and that notice of the June 20, 1989 public hearing on the ordinance be published as required by the Vail Code. After consideration of other business to come before the Town Council, the meeting was adjourned. Town Clerk Town of Vail (TOWN SEAL) -12- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) The Town Council of the Town of Vail, Eagle County, Colorado, met in regular session, in full conformity with the Town Charter, ordinances and all other applicable laws, rules and regulations, at the Municipal Building in ,Vail, Colorado, the regular meeting place thereof, on Tuesday, the 20th day of June, 1989, at the hour of 7:30 p.m. The following members of the Town Council were present: Mayor: Kent R. Rose Mayor Pro Tem: John C. Slevin Council Members: Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg The following members of the Town Council were absent: The following persons were also present: Town Manager: Rondall V. Phillips Town Attorney: Lawrence A. Eskwith Director of Adminis- trative Services: Charles Wick Thereupon the following proceedings, among others, were had and taken: The Mayor informed the Town Council that Ordinance No. _, Series of 1989, which was introduced, read by title, passed on first reading, approved and ordered published in full -13- at a regular meeting of the Town Council held on June 6, 1989, was duly published in full in The Vail Trail, a newspaper of general circulation in the Town, in its issue of June 9, 1ggg, and that the publisher's affidavit of said publication is now on file in the office of the Town Clerk. Council Member then introduced said Ordinance a second time and read the Ordinance by its title, sufficient copies of the full Ordinance having previously been made available to the Town Council and to the public. The Mayor then declared that this was the time and place for a public hearing on the Ordinance and the meeting was then opened for such purpose. After all persons had been given an opportunity to speak, the hearing was declared closed. Council Member approval on second reading of said Ordinance. moved the final Council Member duly seconded the motion, and the question being upon the final approval on second reading of the said Ordinance, the roll was called with the following result: Council Members voting "Yes": Kent R. Rose John C. Slevin Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg Council Members voting "No": -14- motion, the approved on approved, be newspaper of qualified for Council Members having voted Mayor thereupon declared the second reading and directed that published by title only in ~ general circulation within the Town publications. in favor of said Ordinance finally the Ordinance, as 'he Vail Trail, a Town and legally After consideration of other business to come before the Council, the meeting was adjourned. Town Clerk Town of Vail (TOWN SEAL) -15- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) I, Pamela A. Brandmeyer, the duly qualified and acting Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify that the foregoing pages 1 to 15, inclusive, constitute a true and correct copy of the Record of the Proceedings of the Town Council of the Town, taken at regular meetings thereof held at the Municipal Building in Vail, Colorado, on Tuesday, the 6th day of June, 1989, commencing at the hour of 7:30 p.m. and on Tuesday, the 20th day of June, 1989, commencing at the hour of 7e30 p.m., as recorded in the official Record of the Proceedings of the Town kept in my office, insofar as said proceedings relate to Ordinance No. _, Series of 1989, creating Town of Vail, Colorado, Booth Creek Local Improvement District, authorizing the construction and installation of special and local .improvements therein, and approving the method of apportioning assessments to pay a portion. of the cost thereof; that said proceedings were duly had and taken; that said meetings were duly held; and that the persons were present at said meetings as therein shown. It is hereby further certified that the Ordinance was published in full in The Vail Trail, a newspaper published and having general circulation in the Town and legally qualified for Town publications, on June 9, 1989, and by title only in said newspaper on June 23, 1989, as evidenced by the affidavits of publication attached hereto. IN WITNESS WHEREOF, the undersigned has hereunto set her hand and the seal of the Town this day of June, 1989. (TOWN SEAL) Town Clerk Town of Vail -16- Affidavit of publication of Ordinance in full and notice of public hearing thereon. -17- Affidavit of publication of Ordinance by title only. -18- RESOLUTION N0. 24 Series of 1989 A RESOLUTION CREATING A TEMPORARY TOWN OF VAIL MARKETING ADVISORY 80ARD. WHEREAS, in accordance with Article 8 of the Town Charter, the Town Council has the power to appoint advisory boards and commissions; and WHEREAS, marketing the Town of Vail and its environs is currently of great importance given the desires of the Council to increase tourism, particularly in the summer and shoulder seasons; and WHEREAS, the Town Council would be greatly benefited by the formation of a temporary Board whose purpose is to do in-depth analysis and study of marketing issues and advise the Town Council. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. Creation There is hereby created by the Town Council a temporary Marketing Board in accordance with Chapter 8 of the Town Charter composed of seven (7) members who shall act in accordance with the Charter, and the direction of the Town Council and the ordinances of the Town. 2. Term of Existence of Advisory Board The Marketing Advisory Board shall exist for a period of two (2) years unless said period is shortened or extended by the Town Council. 3. Members The temporary Marketing Advisory Board shall have seven (7) members appointed by the Town Council and their term of service shall be for two (2) years. The members appointed by the Council shall be in the following numbers and shall be appointed from the following entities: A. Three (3) members of the Vail Town Council B. Two (2) members from the Town of Avon C. Two (2) members from Vail Associates, Inc. All members shall serve at the will of the Town Council and shall be subject to removal by the Town Council for inefficiency, neglect of duty, failure to attend meetings, malfeasance in office, or any other reason the Town Council deems proper. 4. Vacancies Vacancies occurring on the temporary Marketing Advisory Board for reason of expiration of the term of the member, removal, termination by operation of law, or resignation, shall be filled by a majority vote of the Town Council. The Board shall select its own Chairman and (lice Chairman from among its members. 5. Purpose The purpose of the temporary Vail Marketing Advisory Board shall be to study how tourism within the Vail Valley may best be increased through marketing, develop a marketing plan for the Town Council's approval, interview and suggest the selection of professional individuals and organizations who are most qualified to implement the marketing program, and to report to the Town Council either orally or in writing regarding all marketing issues. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- RESOLUTION N0. 25 Series of 1989 A RESOLUTION SETTING THE DATE FOR A SPECIAL ELECTION TO SUBMIT THE QUESTION OF THE TOWN'S PARTICIPATION IN THE EAGLE COUNTY TELEVISION TRANSLATOR DISTRICT. WHEREAS, Section 5.7 of the Town Charter provides that that Town Council may submit any question to the registered electors of the Town; and WHEREAS, the Town Council wishes to submit the question of whether or not the Town should participate in the proposed Eagle County Television Translator District to the registered electors of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. A special election is hereby set for July 11, 1989 for the purpose of submitting the question of the Town's participation in the Eagle County Translator District tot he registered voters of the Town. 2. The Town Clerk is hereby directed to take all steps required by law for the purpose of holding said special election. INTRODUCED, READ, APPROVED AND ADOPTED this 6th day of June 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 9 v TOe Planning and Environmental Conunission FROMo Community Development Department DATEo May 8, 1989 SUBJECTe A request for a Conditional Use permit to allow two additional tennis courts and a pro shop at Ford Park. APPLICANTo Vail Metropolitan Recreation District I. DESCRIPTION OF PROPOSED USE The Vail Metropolitan Recreation District is requesting approval of a conditional use permit which would allow for the development of two exhibition tennis courts and a pro shop. The new tennis courts and associated pro shop would be located immediately south of the existing tennis courts. The new courts would be sunken and would serve as exhibition courts. Berming around the perimeter of the courts will serve as seating for tennis exhibitions. A tennis pro shop of 1549 square feet is proposed to the east of the exhibition courts and will be utilized as the VMRD tennis headquarters. Included in the proposed building will be the pro shop, a lounge area, restroom facilities and some office space. The Ford Park Master Plan was amended earlier this year to allow for the potential addition of four tennis courts as well as the the addition of an aquatic center. There are site problems with the originally proposed tennis courts to the east of the existing courts. Fill and retainage costs prohibit VN~2D from proceeding with construction of these courts in 1989. Further discussion as to these courts' eventual siting is required. II. ZONING The entir This zone paths and request is other than district, permit. e Ford Park area is currently zoned Public Use. district allows public parks, playgrounds, bicycle open space as uses by right. The applicant's categorized as "public recreation facilities" those stated above, and is permitted in the zone subject to the issuance of a Conditional Use III. CRITERIA AND FINDINGS Upon review of Section 18.60, the Community Development Department recommends approval of the conditional use permit based upon the following factors: f D ~ 1.. Consideration of Factors. A. Relationship and impact of the use on development objectives of the Town. The Public Use zone district states that "the district is intended to ensure that public buildings and grounds and certain types of quasi- public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and,...to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses." (TUV zoning code 18.36.010) The intent of this proposal is to provide a high quality tennis facility in one concentrated area of the Town. The two proposed courts are also needed to replace the courts lost at Golden Peak due to the Children's Center Construction. B. The effect of the use of light and air distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. This proposal will have a positive effect upon the existing recreational uses and facilities at Ford Park. Supplementing the existing six tennis courts with the proposed two court expansion will alleviate the existing problem of coordinating tournaments and tennis camps at a variety of locations throughout the Town. C. The 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 street and parking areas. ., Traffic flow and circulation will remain as is. The existing parking area will also be unchanged, with the east lot being able to accommodate approximately 190 vehicles., plus an additional 40 vehicles in the west lot. Overall, parking is more than adequate to accommodate the proposed expansion. 3 D. 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. The character of the Ford Park upper bench is clearly recreational. Staff believes that this proposal will enhance the recreational experiences of those using the facility. The pedestrian connection from the parking area to the lower bench (amphitheatre) will remain in essentially the same location, however some realignment will be necessary to accommodate the new facilities. A landscape plan which utilizes similar plant materials as the existing landscaping in the lower bench area is also included in this project, (see copy attached). IV. Such other factors and criteria as the commission deems applicable to the proposed use. V. FINDINGS The Community Development Department recommends that the conditional use permit be based on the following findings: That the proposed location of the use is in accord with the purposes of this ordinance and the purposes of the district in which the site is located. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use would comply with each of the applicable provisions of this ordinance. VI. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use permit request. We feel strongly that it is good planning to locate as many of the tennis courts as possible on public lands to ensure availability to the community in the long term. An eight-court complex also resolves the current problem of holding tournaments and tennis camps at a variety of locations throughout the Town. a; ,. `` _, .' ~ a, DAN G. GRIFFIN KIRK RIDER JAMES S. CASEBOLT RONALD W. GIBBS CATHY P. HOLLINGSWORTH EARL G. RHODES TIMMS R. FOWLER MARK R. LUFF VEULIN V. WILLETT YOUNGE & HOCKENSMITH PROFESSIONAL CORPORATION ATTORNEYS AT LAW 200 GRAND AVE., SUITE 500 P.O. BOS 1768 GRAND JUNCTION, COLORADO 81502-1768 303-242-2645 FA!C 303-2415719 May 16, 1989 Lawrence A. Eskwith, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 REo Ordinance No. 38, Series of 1988 Dear Larrya R~.C'D SAY 1 7 189 OF COUNSEL THOMAS K. VOUNGE FRANK M. HOCKENSMITH This office has been contacted by Trevor and Sam Bradway in regard to expenditure of funds by the Town of Vail, which have been generated by the above ordinance. Their specific concern is the use of Town funds to exclusively promote the reservation system provided by the Vail Resort Association and the perceived exclusion from these advertising efforts of the reservation system of the Bradways°, Vail Reservations, Inc. It is the Bradways° desire that any public monies generated by the above ordinance be used in such a fashion as to fairly depict the reservation services which are available in Vail and not just exclusively promote the service provided by the Vail Resort Association. Specifically, the Bradways are desirous of having their business and their business°s 11800°' and other numbers in any advertising and brochures which provide the name and telephone number of the reservation service of the Vail Resort Association. I have briefly reviewed Ordinance No. 38 and the concerns raised by the Bradways at the time of its adoption. Although the Bradways are not presently desirous of resolving this matter in court, it appears that the Ordinance on its face and as applied is subject to legal attack. The Ordinance on its face appears to be an income tax, which is violative of the Colorado Constitution, Article X, Section 17. In Board of Trustees v. Foster Lumber Company, Inc., 190 Colo. 479, 548 P.2d 1276 (Colo. 1976), the court struck down an ordinance of the Town of Minturn, which imposed an "occupation tax" on all construction 1} V ` a Lawrence A. Eskwith, Town Attorney Town of Vail May 16, 1989 Page Two and building materials, businesses, and occupations. The court did so, since it determined that the tax was in actuality an income tax as opposed to a business, license fee. An indicator of a business, license fee is that it is fixed at a flat rate. An indicator of an income tax is any situation where the amount paid has a direct relationship to the income or receipts of a business. In the instant case, your Ordinance is clearly replete with references to the amount of activity of the person paying the tax. Clearly, there is no fired, flat rate involved. Thus, the above Ordinance may be illegal as violative of this provision of the Colorado Constitution. This subject Ordinance also appears to be subject to attack as a violation of Article XI, Section 2 of the Colorado Constitution. It appears that public funds are being used to promote a private corporation, Vail Resort Association. As such, this runs afoul of the constitutional prohibition. In In Re Interrogatories House Bill No. 1247, 193 Colo. 298, 566 P.2d 350 (Colo. 1977), the court noted that in order to avoid the constitutional prohibitions in Article XI, money can only be passed from one public body to another, at page 306. Likewise, the money must be used for a valid, public purpose. Although economic development may generally benefit the Vail business economy, to the extent the Bradways are required to pay this business, license fee and are excluded from the promotional material, no public purpose is served. Finally, there are concerns about how the Ordinance is being applied. If the Vail Resort Association is listed exclusively, then Vail Reservations, Inc. will be in the unique position of being the only Vail business not to benefit from license fees. This raises issues of anti-competitive practice when either the Town or a private entity on behalf of the Town promotes one Vail business, the Vail Resort Association, over another, Vail Reservations, Inc. It is not the intent of the Bradways to threaten litigation, but rather to direct your attention to their concerns about being excluded from the public information soon to be disseminated and this office's concerns about the validity of the Ordinance, both on its face and as applied. ~, . ~ y ~ ~ Lawrence A. Eskwith, Town Attorney Town of Vail May 16, 1989 Page Three I am going to call you next week about this matter. Thank you for taking the time to review this. Very truly yours, YOUNGE & HOCKENSMITH Professional Corporation By G ~~-~2~~~ Earl G. Rhodes EGR:sma cc: Trevor and Sam Bradway < / ~ -- ~ ~~._ ,~`' ' k'n ~ i i`, ~ ~ a Yt Y „ f] nn V ~, , P. O. DRAWER 369 o VAIL, COLORADO 81658 (303)476-1234 DENVER / 571-1833 May 3, 1989 Mr. Larry Eskwith, Counsel TOWN OF VAIL 75 South Frontage Road Vail, CQ 81657 HAND DELIVERED AND CERTIFIED MAIL Reply No. P-575 52 768 SUBJECT: Town of Vail Summer Marketing Dear Larry: As you may recall I (and others) raised a number of concerns about the new Town of Vail Business License at the public hearing on that ordinance last year. One of those concerns had to do with using public funds to directly or indirectly promote private entities. It has recently come to my attention that the Marketing Committee plans. to list the Vail Resort Association as the official (or only) entity to handle lodging (and other) reservation requests in brochures, advertising and so forth and to promote the VRA in other ways. Clearly this would be very detrimental to my business which, after all, provides essentially the same service. Two possible solutions come to mind: 1. provide equal billing to all central reservation entities or, 2, promote SummerVail itself without providing any central reservations phone numbers. In any event this matter is of deep concern to me. I would hope it is satis- factorily resolved before it is too late and the damage is done. I would appreci th? Town's response to this as soon as possible. Thanks. Ver truly ;you ,? V IL RESE~~VA ONS, INC. ~. Trev r T. Bradway President Copy/Ron Phillips TTB/sb SERVING THE VAIL AND BEAVER CREEK RESORTS TOLL FREE RESERVATIONS (800)525-8930 A"1QfKOn~'¢ry LODGING o SKI PACKAGES ® SKI TICKETS ® ACTIVITIES o TRANSPORTATION cf Trovel Agents ••~~s;~ ~®'~ ~® . ~ 6i STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) The Town Council of the Town of Vail, Colorado, met in regular session in full conformity with the Town Charter and the applicable laws, rules and regulations of the Town, at the Vail Municipal Building, Vail, Colorado, the regular meeting place thereof, on Tuesday, the 6th day of June, 1989, at the hour of 7:30 p.m. The following members of the Town Council were present: Mayor: Kent R. Rose Mayor Pro Tem: John C. Slevin Council Members: Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg The following members of the Town Council were absent: The following persons were also present: Town Manager: Rondall V. Phillips Town Attorney: Lawrence A. Eskwith Town Clerk: Pamela A. Brandmeyer Director of Adminis- trative Services: Charles Wick Thereupon the following proceedings, among others, were had and taken: Council Member introduced and moved the approval on first reading of the following Ordinance, which was then read by title, sufficient copies of the full Ordinance having previously been made available to the Town Council and to the public: ~, ORDINANCE NO. 13 Series of 1989 AN ORDINANCE CREATING TOWN OF VAIL, COLORADO, BOOTH CREEK LOCAL IMPROVEMENT DISTRICT; APPROVING THE PLANS FOR AND AUTHORIZING THE CONSTRUCTION AND INSTALLATION OF SPECIAL AND LOCAL IMPROVEMENTS THEREIN, IN CONNECTION WITH WHICH SPECIAL ASSESSMENTS SHALL HEREAFTER BE LEVIED TO PAY A PORTION OF THE COST THEREOF; APPROVING THE METHOD OF APPORTIONING SUCH ASSESSMENTS; MAKING FINDINGS AND CONCLUSIONS BASED UPON EVIDENCE PRESENTED AT A PUBLIC HEARING CONCERNING THE FOREGOING; AND SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS, pursuant to the Charter of the Town of Vail, Eagle County, Colorado (the "Town"), Title 20 of the Vail Code and Resolution No. 30, Series o,f 1988, the Town Council held a public hearing on June 6, 1989, relating to the creation of a local improvement district for the construction and installation of certain special and local improvements to the Booth Creek area of the Town; and WHEREAS, the Town Council has considered the testimony and other evidence presented at said hearing and all comments made by affected parcel owners and members of the general public relating thereto. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Based upon all the evidence, the Town Council finds as follows: 1.1 Pursuant to Resolution No. 30, Series of 1988, the Town Council has duly initiated by appropriate order the special and local improvement project (the "Project") described herein. -2- 1.2 The Town Manager or his delegee has duly held administrative hearings relating to the Project for the purpose of informing affected parcel owners about the same and about the assessments proposed, and for the purpose of providing the affected parcel owners the opportunity to respond thereto. 1.3 Notice of a public hearing on the Project and assessments therefor and the formation of a local improvement district in the required legal form was published in The Vail Trail, a newspaper of general circulation in the Town, on May 26, 1989. 1.4 A copy of the same notice was mailed by first-class mail, postage prepaid, on May 23, 1989, to all affected parcel owners at their last known addresses as shown on the real parcel assessment rolls for general (ad valorem) taxes of Eagle County, Colorado, as of May 18, 1989. In addition, steps were taken by Town officials to ascertain the current owners of affected properties and their addresses, if such differed from the information shown in the tax records, and attempts were made to furnish them with actual notice via mail. Included with each mailed notice was a form entitled "Protest" that could be used to protest against the Project. 1.5 All necessary legal requirements and conditions precedent for initiation of the Project and for the public hearing on the same held on June 6, 1989, have been fully performed, met and satisfied. 1.6 A public hearing on the Project and assessments therefore and the formation of a local improvement district was duly held on June 6, 1989, and full opportunity was afforded all affected parcel owners to present their views. -3- i 1.7 There have been protests filed in accordance with the Charter and Title 20 of the Vail Code. The Town Council therefore finds and determines that protests were filed by less than 50 percent of the affected parcel owners in the proposed local improvement district. The Town Council hereby determines that the Project should proceed, as it is necessary for the preservation of the public health, safety and welfare and is in the public interest. 1.8 Schematic design plans for the Project, which generally includes constructing and installing certain berms and barriers to prevent falling rock from reaching and damaging private property, have been duly presented to the Town Council. The schematic design plans are hereby approved. 1.9 The improvements to be constructed and installed are special and local improvements that also confer general benefits upon the Town. The Town Council finds it is appropriate that the general public share in a portion of the cost of the improvements. The total estimated cost of the improvements is $355,000.. The portion of the cost of the improvements to be borne by the Town is $20,000. The portion of the cost of the improvements to be defrayed by the levying of special assessments against affected parcels specially benefited thereby shall not exceed $335,000, except as permitted by the Vail Code and as provided in the notices previously published and mailed to affected parcel owners. The cost estimate and apportionment are found to be satisfactory and reasonable in every respect. 1.10 Parcels proposed to be assessed abut or are in the vicinity of the improvements to be constructed and installed and will benefit from the construction and installation thereof. The improvements will confer substantial special -4- benefits on all of the affected parcels within the boundaries of the local improvement district, which special benefits are separate and distinct from the general benefits to the Town that will also result therefrom. 1.11 The proposed assessments on specially benefited parcels have been determined by assessing an equal amount of the total cost to be assessed against each parcel of land within the proposed local improvement district. For purposes of this ordinance, "parcel" shall mean a lot, tract or parcel of land which is separately identified on the property tax records of the Eagle County assessor's office. The Town Council hereby determines that method of assessment to be fair and equitable and that it results in a reasonable apportionment consistent with the benefits to be conferred by the Project. 1.12 The Town has jurisdiction over the Booth Creek area where the improvements are to be made and over all of the affected parcels to be included in the local improvement district. Section 2. The Town Council finds, concludes and orders as follows: 2.1 The Town Council, in addition to the express determinations hereinabove set forth, by the adoption of this Ordinance hereby denies all protests, objections or remonstrances that were made, either in writing or orally at the public hearing. 2.2 There is hereby created within the corporate limits of the Town of Vail, Eagle County, Colorado, a local improvement district to be known and designated as "Town of Vail, Colorado, Booth Creek Local Improvement District" (the -5- "District")_ for the purpose of constructing and installing certain improvements to mitigate rockfall damage in the Booth Creek area of the Town and of assessing a portion of the cost thereof to the parcels specially benefited thereby. 2.3 The area to be included within the boundaries of the District and to be assessed for a portion of the cost of the improvements shall be all the real property described in Exhibit A attached hereto. 2.4 The schematic designs for the improvements are hereby approved, subject to modifications that could be imposed due to cost constraints. The construction and installation of the improvements within the District as shown by the preliminary plans are hereby authorized and ordered. 2.5 The Town shall pay $20,000 of the cost of constructing and installing the improvements. The remaining costs shall be assessed against the parcels in the District. 2.6 The Town Council has determined, and does hereby determine, that assessments shall be levied against the affected parcels in the District (the parcels specially benefited by the improvements therein) according to the method described in Section 1.11 of this Ordinance. 2.7 After considering all of the circumstances and weighing the factors specified in Title 20 of the Vail Code, the Town Council has determined, and does hereby determine, that as a result of the improvements to be constructed and installed within the District each such parcel will receive a special benefit in an amount which equals or exceeds the amount of the particular assessment to be assessed against each parcel as indicated on Exhibit A; that said method of assessment is a fair -6- and equitable method; and that the assessments are in proportion to the special benefits conferred upon such parcels. Accordingly, the method of assessment is hereby approved. 2.8 The proposed assessment schedule shown on Exhibit A attached hereto is hereby approved. The assessments to be levied against the affected parcels shall not exceed the assessment amounts provided in said schedule except (a) if actual construction costs exceed estimated construction costs (but only to the maximum of an additional fifteen percent), (b) if land acquisition costs exceed estimated costs, or (c) if separate and additional elements of cost are incurred in construction or for other items which are of a nature generally nat foreseen and included in the construction costs at the time of estimate, as provided by Section 20.04.080 of the Vail Code and the notice previously published and mailed to affected parcel owners. 2.9 The total cost of the Project (excepting the amount to be paid from sources other than special assessments) shall be apportioned upon the substantial completion of the improvements in an assessment roll against each parcel to be assessed as herein described. After notice thereof and a hearing thereupon, assessments shall be levied by ordinance of the Town Council using the method of assessment provided for herein. The assessments shall be a lien until paid in the several amounts assessed against each such parcel from the effective date of the assessing ordinance. 2.10 All assessments shall be due and payable without demand within 30 days after the adoption and final publication of the assessing ordinance. Parcel owners shall be permitted, at their election, upon the levy of assessments to pay such assessments on an installment basis in not more than 10 substantially equal annual installments beginning March 1, 1990 -7- at an interest rate not to exceed twelve percent per annum, but not less than the highest interest rate borne by any special assessment bonds issued to pay the cost of the improvements. Interest shall be computed on the outstanding principal and shall be paid at the same times as installments of principal. 2.11 Pursuant to the laws of the State of Colorado, the Town Charter, and Title 20 of the Vail Code, special assessment bonds (the "Bonds") of the Town shall hereafter be issued for the purpose of paying for the improvements described in this Ordinance, in an aggregate principal amount not to exceed the cost and expenses of providing said improvements, including engineering, legal and incidental costs, and interest as provided by law. The Bonds shall be issued based upon estimates approved by the Town Council and as authorized by an Ordinance to be passed by the Town Council at a later date. The maximum met effective interest rate on the Bonds is twelve percent per annum. The principal of and interest on the Bonds shall be payable from the special assessments authorized herein to be levied against the parcels of real property within the District. Section 3. The officers of the Town are hereby authorized and directed to enter into such agreements and take all action necessary or appropriate to effectuate the provisions of this Ordinance and to comply with the requirements of law. Section 4. All actions not inconsistent with the provisions of this Ordinance heretofore taken by the Town and by the officers thereof and directed toward the creation of the District, the construction and installation of the improvements therein, and the levy of assessments to pay a portion of the cost thereof are hereby ratified, approved and confirmed. -8- Section 5. All ordinances or resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed. This repealer shall not be construed to revive any ordinance of part of any ordinance heretofore repealed. Section 6. If any section, paragraph, clause of provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, class or provision shall not affect any of the remaining provisions of this Ordinance. Section 7. The Town Council finds that this Ordinance is necessary to and for the benefit of the public interest and the public health, safety, and welfare. INTRODUCED, READ BY TITLE, PASSED ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL this 6th day of June, 1989. (TOWN SEAL) ATTEST: Town Clerk Town of Vail Mayor Town of Vail -9- READ BY TITLE, FINALLY APPROVED ON SECOND READING, ADOPTED AND ORDERED PUBLISHED BY TITLE ONLY THIS 20th day of June, 1989. Mayor Town of Vail (TOWN SEAL) ATTEST: Town Clerk Town of Vail -10- EXHIBIT A n Jack P. and Carol A. Acuff P.O. Box 525 Vail, CO 81658 Pat and Anne Baker 3135 Booth Falls Court Vail, CO 81657 Pat and Anne Baker 3135 Booth Falls Court Vail, CO 81657 Edith A. Boulware 1104 Montecito Drive San Angelo, TX 76901 Brandess-Cadmus Real Estate, Inc. 281 Bridge Street Vail, CO 81657 George H. Clowes, Jr. Robert Lammerts c/o Lammerts 125 Park Avenue Oklahoma City, OK 73102 PROPOSED ASSESSMENT SCHEDULE Amount of Parcel Owned Acc ccm n Block 1, Lot 5, Vail Village $12,885 12th Filing Block 1, Lot 10, Unit B, Vail Village $12,885 12th Filing Townhouse Lot 1, Parcel B, Vail Village 12th Duplex $12,885 Resub of Lot 2 Block 2, Lot 6, Vail Village $12,885 12th Filing Block 1, Lot 10, Unit A, Vail Village $12,885 12th Filing Townhouse Block 2, Lot 3, Vail Village $12,885 12th filing A-1 Crown Corr, Inc. Block 1, Lot 11, Resubdivision of Lot 7, $12,885 P.O. Box 1750 Vail Village 12th Filing Highland, IN 46322 Lynn S. Deutschman Block 1, Lot 2, Unit 1, Marquez Duplex, $12,885 448 Garrison Forrest Vail Village 12th Filing Owings Mills, MD 21117 Daniel J. and Barbara A. Feeney Block 2, Lot 2, Unit B, Vail Village $12,885 P. 0. Box 3385 12th Filing Vail, CO 81658 John W. Gray Block 1, Lot 6, Unit B, Vail Village $12,885 1902 West Colorado Avenue, Suite A 12th Filing Townhouse Colorado Springs, CO 80904 Edward J. Gund Block 2, Lot 8, Vail Village $12,885 P.O. Box 3145 Filing 12 Vail, CO 81658 Edward M. & Katherine Gwathmey Block 1, Lot 2, Unit B Marquez Duplex $12,885 3226 Katsos Ranch Road Vail, CO 81657 Jeanine Hallenbeck Block 1, Lot 4, Vail Village $12,885 3236 Katsos Ranch Road 12th Filing Vail, CO 81657 Arthur S. and Shelby G. Kleimer Block 2, Lot 7, Vail Village $12,885 Lawrence and Susan C. Ast Filing 12 P.O. Box 2244 Vail, CO 81658 A-2 Robert P. Lammerts Block 2, Lot 4, Vail Village $12,885 125 Park Avenue 12th Filing Oklahoma City, OK 73102 Robert Leavitt Parcel A, Vail Village $12,885 6065 South Quebec Street 12th Filing Denver, CO 80111 Margem III Lot 8, Resubdivision of Lot 7, Block 1, $12,885 2525 Camino Del Rio South Parcel B-1, B-2, Vail Village San Diego, CA 92108 12th Filing Duplex Charles H. L. McLaughlin Block 1, Lot 6, Unit A, Vail Village $12,885 P.O. Box 112 12th Filing Townhouse Vail, CO 81658 Jorge A. and Sybil] R. Navas Block 1, Lot 9, Resubdivision of Lot 7, $12,885 3255 Katsos Ranch Road Vail Village Filing 12 Vail, CO 81657 Jerome J. Rather Parcel A, Vail Village 12th Duplex, Lot 3 $12,885 1245 Sunset Road a resubdivision of Lot 7, Vail Village Winnetka, IL 60093 Filing 12 Michael D. and Cynthia Steimle Block 1, Lot I, Vail Village $12,885 John D. and Ruth K. Steimle Filing 12 P.O. Box 2024 Vail, CO 81658 Ray E. Story and Pamela V. Story Block 1, Lot 3, Vail Village $12,885 3230 Katsos Ranch Road Filing 12 Vail, CO 81657 A-3 Joe H. Tonahill, Jr. Block 2, Lot 5, Unit A, Vail Village $12,885 P.O. Box 3326 12th Filing Townhouse Vail, CO 81658 Joe H. Tonahill, Jr. P.O. Box 3326 Vail, CO 81658 Block 2, Lot 5, Unit B, Vail Village 12th Filing Townhouse $12,885 Vail Mountain School P.O. Box 602 Vail, CO 81658 James H. and Thomas F. Heisberg Peggy Jo Epstein P..O. Box 597 Denver, CO 80201 Block 2, Lot 12, Vail Village 12th Filing Block 2, Lot 2, Unit A, Vail Village 12th Filing A-4 $12,885 $12,885 Council Member duly seconded the motion, and the question being upon the approval on first reading of the foregoing Ordinance, the roll was called with the following result: Council Members voting "Yes": Kent R. Rose John C. Slevin Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg Council Members voting "No": Council Members having voted in favor of said motion, the Mayor thereupon declared the Ordinance duly approved on first reading and directed that the Ordinance, as approved, be published once in full in The Vail Trail, a newspaper of general circulation within the Town and legally qualified for Town publications, and that notice of the June 20, 1989 public hearing on the ordinance be published as required by the Vail Code. After consideration of other business to come before the Town Council, the meeting was adjourned. Town Clerk Town of Vail (TOWN SEAL) -12- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) The Town Council of the Town of Vail, Eagle County, Colorado, met in regular session, in full conformity with the Town Charter, ordinances and all other applicable laws, rules and regulations, at the Municipal Building in Vail, Colorado, the regular meeting place thereof, on Tuesday, the 20th day of June, 1989, at the hour of 7:30 p.m. The following members of the Town Council were present: Mayor: Kent R. Rose Mayor Pro Tem: John C. Slevin Council Members: Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg The following members of the Town Council were absent: The following persons were also present: Town Manager: Rondall V. Phillips Town Attorney: Lawrence A. Eskwith Town Clerk: Pamela A. Brandmeyer Director of Adminis- trative Services: Charles Wick Thereupon the following proceedings, among others, were had and taken: The Mayor informed the Town Council that Ordinance No. _, Series of 1989, which was introduced, read by title, passed on first reading, approved and ordered published in full -13- at a regular meeting of the Town Council held on June 6, 1989, was duly published in full in The Vail Trail, a newspaper of general circulation in the Town, in its issue of June 9, 1989, and that the publisher's affidavit of said publication is now on file in the office of the Town Clerk. Council Member then introduced said Ordinance a second time and read the Ordinance by its title, sufficient copies of the full Ordinance having previously been made available to the Town Council and to the public. The Mayor then declared that this was the time and place for a public hearing on the Ordinance and the meeting was then opened for such purpose. After all persons had been given an opportunity to speak, the hearing was declared closed. Council Member moved the final approval on second reading of said Ordinance. Council Member duly seconded the motion, and the question being upon the final approval on second reading of the said Ordinance, the roll was called with the following result: Council Members voting "Yes": Kent R. Rose John C. Slevin Eric Affeldt Merv Lapin Gail Wahrlich-Lowenthal Michael Cacioppo Thomas Steinberg Council Members voting "No": -14- motion, the approved on approved, be newspaper of qualified for Council Members having voted Mayor thereupon declared the second reading and directed that published by title only in general circulation within the Town publications. in favor of said Ordinance finally the Ordinance, as 'he Vail Trail, a Town and legally After consideration of other business to come before the Council, the meeting was adjourned. Town Clerk Town of Vail (TOWN SEAL) r -15- STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) I, Pamela A. Brandmeyer, the duly qualified and acting Town Clerk of the Town of Vail, Eagle County, Colorado, do hereby certify that the foregoing pages 1 to 15, inclusive, constitute a true and correct copy of the Record of the Proceedings of the Town Council of the Town, taken at regular meetings thereof held at the Municipal Building in Vail, Colorado, on Tuesday, the 6th day of June, 1989, commencing at the hour of 7:30 p.m. and on Tuesday, the 20th day of June, 1989, commencing at the hour of 7:30 p.m., as recorded in the official Record of the Proceedings of the Town kept in my office, insofar as said proceedings relate to Ordinance No. _, Series of 1989, creating Town of Vail, Colorado, Booth Creek Local Improvement District, authorizing the construction and installation of special and local improvements therein, and approving the method of apportioning assessments to pay a portion of the cost thereof; that said proceedings were duly had and taken; that said meetings were duly held; and that the persons were present at said meetings as therein shown. It is hereby further certified that the Ordinance was published in full in The Vail Trail, a newspaper published and having general circulation in the Town and legally qualified for Town publications, on June 9, 1989, and by title only in said newspaper on June 23, 1989, as evidenced by the affidavits of publication attached hereto. IN WITNESS WHEREOF, the undersigned has hereunto set her hand and the seal of the Town this day of June, 1989. (TOWN Town Clerk SEAL) Town of Vail -16- Affidavit of publication of Ordinance in full and notice of public hearing thereon. -17- Affidavit of publication of Ordinance by title only. -18- ------ ~ ~~i-;ri>; ~---- - --------~~ii,i~,.n~-~<i~ ;-gin Dear. Vail Town Council Members: JUN - 51~~~ May 19, 1989 The Members of the Vail Valley Community Television Board of Directors r;ish to express their gratification and satisfaction with the support offered by Heritage Cablevision towards VVCTV, Channel 23. We feel Heritage has met all agreed upon items of support and in some cases exceeded the requirements set forth in the letter from Heritage Cablevision to VVCTV of 1/11/88. (Please see attacted copy.) I-Ieritage has also agreed to install "Live" backfeed capabilities from both the Vail and Avon Town Council Chambers in the near future. We feel this is very important to our coverage of community events and believe I-Ieritage will comply in a timely manner. ~r~~e have been able to make much progress with community television in the Vail Valley with the current support, existing budget, and equipment. Tf additional equipment was made available to us, we would graciously accept it. It could on]-y help us in futhering our goal of increasing communication and awareness throughout the Vail Valley. We would consider any additions of equipment as a gift above and beyound any existing agr-Bement with I-Ieritage Cablevision. If you would like any additional comments concerning this subject please feel free to contact us. Once again, thank you for ali your support of Vail V-alley Community Television. Sincerely, . -~-~ ~~ Vail Valley Community Television Board of Directors 616 West Lionshead C~..rcle Vail, Colorado 81658 ~~;~,< ~ rte _~~. i3~;. ~ >~~.~ w.~.~. ~~ -~; `~r: ,~;; January 11, 1988 Mr, Jerry Davis VCTV P.O. Box 5559 Avon, CO 81620 Dear Jerrv~ ~Ieritage Communications, Inc. 2195 Ingersoll Avenue Des Moines, Iowa 50312 515-246-1440 I deeply appreciate your efforts and the members of the VCTV who have worked so diligently with Gene Larson and I in reaching an agreement for the future of public access in the Vail valley. As we concluded on Friday afternoon: 1. Heritage will agree to an increase in franchise fee in the town of Vail, concurrent with our renewed franchise agreement, from 3 percent of gross revenue as therein defined to 5 percent of gross revenue with the additional 2 percent to be earmarked for VC:'V. Tn addition we will jointly seek an amendment to the existing Avon and Minturn franchises to increase their franchise fee to 5 percent for the same purpose. Heritage°s support of those amendments is limited to amending franchise fee percentages only. Heritage will also voluntarily commit 2 percent of the basic service revenue from all areas served in Eagle County outside of the three incorporated towns to VCTV for its operating budget. All fees would be paid within 45 days of the end of each quarter. The 2 percent was calculated in our 1988 rate structure and would not be added on to the present rate or treated as a separate pass through. We also will pay on all revenue retroactively to January 1, 1988. We estimate the. above formula will produce approximately $44,000 in revenue for VCTV in calendar year 1988. 2. Separate from, and in addition to the revenue generated from the franchise fees above, Heritage will fund a-grant to the VCTV in the form of paying all lease expense, common area fees and required insurance on the present studio space; or in lieu of the above and ~:~ ~. . ~~:~~, ,v :~~ r ~>,f Mr. Jerry Davis January 11, 1988 Page 2 concurrent with the cancellation or transfer of the lease to a third party, a cash grant of $16,000 per year. This grant period would be concurrent with the remaining lease term, from i2 nooi~~ r ei~ruary 1, 1988 to and expiring on 12 noon February 1, 1992. This cash payment, if selected, would be made on February 1, 1988; 1989; 1990; and 1991. Any cash payments will be reduced by a pro rata amount equal to 1/12th of $16,000.00 for each month of each year until Heritage is released from its lease obligation if VCTV elects to move the public access studio and production facilities. 3. VCTV will use its existing fund deposited with the Town of Vail and the 2 percent franchise fee revenues plus any lease abatement payments as an operating budget. VCTV will take responsibility for all repair, maintenance, equipment replacement and operating expenses for locally produced or originated programming and will oversee programming on the designated public access channel on the Vail valley cable TV system. At the present time the designated channel is 23. Heritage will make available a signal from C-SPAN II (Senate television coverage) to fill any hours VCTV elects not to program. 4. As soon as practical, and with the mutual understanding that such time will be most advantageous to Heritage from a financial point of view, Heritage will donate all studio equipment to VCTV. It is anticipated the event could occur concurrently with the roll-over of the limited partnership which owns the Vail cable TV system or at the end. of the depreciable life of the equipment. 5. This entire arrangement is subject to the periodic review and reconfirmation or revocation by the Towns under any process or .«~ 'C~ ?:. ~ s ~t;~~ Mr. Jerry Davis January 11, 1988 Page 3 procedure they wish to establish and VCTV and Heritage agree to be bound by the reconfirmation or revocation as it occurs. We look forward to jointly presenting this agreement and plan to the Vail town council at their work session this week, and in anticipation of completing our franchise renewal shortly thereafter, proceeding to request the amendment in Avon and Minturn. Again, my thanks to you and your Board for your cooperation, and my best wishes for the success of VCTV. I believe our mutual constituents stand to benefit greatly by the cooperation of our company and your group. Sincerely, HERITAGE COMMUNICATIONS, INC. Kevin L. Rice Senior Vice President KLR/sls cco Gene Larson - Silverthorne, CO Ron Phillips Larry Eskwith ~ ~ ®F CASI,~ SYI~I..S ~®DIICED ~Y SENATOR A~:TZEIdg~IIl~g ~0 833 and_So 83~ The cable bills ~troduced by Senator Pietzenbaum are designed to check the monopoly power wielded by cable com at the local levele presently® consumers who want the panics multichannel program service available via cable® have a choice °f °a-"ly one cable system in approximately 99~ of the local communities across the nations Non cable technologies such as wireless and satellite dishes have the means to deliver cable programming into viewers° homes® However® most of the popular cable programs are owaied by the large cable companies, and they have refused to make the programming available to competing technologies on fair terms o ~ieanwhileo ACC action has precluded local authorities from regulating basic gable rates in almost every part of the count~o The 198 Cable pct provides that cities can regulate basic cable rates ®nly in the absence of effective competition, The Pict instructed the FCC to.define effective compet~tiono The FCC determined that effective competition for cable is present if households wither the cable franchised area can receive three television broadcast channelso ~'he steep hikes in basic cable rates which have occurred since deregulation demonstrate that the FCC failed to define effective competition adequatelyo S® 833® 'The Cable Television Subscriber Protection Act of 1989®® provides that effecti~re competition for a cable system is present ~ far°the.- multicnannel program distributor offers consumers the opportunity to receive in their homes a range'of programming cOmPa.rable to that offered by the incumbent cable systemo This competing multichannel provider could be another cable systemo a wireless cable ®peratora a satellite program distributor® perhaps someday the telephone company® or some other distributor capable of delivering multiple channels of video prograamling to consumers in .their homeso Specificallyo So 833 provides that a cable system is subject to effective competition ifo g FCC Permits Rate Regulation in Rural California City Porola. a town of 2.(X)0 people in the Sierra Nevada mown- The rown responded that it would be prohibitively ezpen- tains of Northeastern CaliFurnia, h:u been liven permission by slue for a town of 2,000 to t-ollow the FCC procedures to the the Federal Communications Commission to regulate basic cable letter. Instead, the town fathers provided even more informa- rates. This is the first such decision by the FCC since it redrafted ,lion to the Commission. They actually went door-to-door and its "effective competition" rules in response to a ruling by the interviewed all the town residents who had television antennas District of Columbia Court of Appeals. The ne~.v rules provide on their homes and asked them about reception. They then that there is "effec:ive competition" to cabie service-and, reported to. the FCC that unly a handful of people received anv therefore. no rate regulation-where three unduplicated Grade signal at all over the air, and that only one person in town received B broadcast signals are available over an entire franchise area. a ;pod quality picture-and he lived on a hill and had installed The previous n:;e would 'nave found effective competition special reception equipment. whenever three broadcast signals were available in anv parr of the franchise area. Portola filed its petition ~in 1986 and had to wait until the regulations were resolved for a ruling from the FCC. The town hired an engineer to test for the availability of signals that, although theoretically available in the area (or "significantly view- ed" in surrounding Plumas County), are actually not available because 7,000 fool mountains interfere with the transrnission. The cable operator responded that the measurements of the town's engineer were not good enough because he had not used the elaborate testing procedure sec out in the FCC rules for deter- mining actual signal', availability. The Commission sided with the town. Although the town had not followed FCC procedures in measuring the available signals, the Commission said, the cabie operator had provided no evidence at all of signal availability. It remains to be seen whether Portola is.a harbinger of things to come in rate regula- tion. Certainly there are many communities in rural American that do not receive three over-the-air signals to provide competi- tion to the local cable system. The question is whether increased cable rates will motivate those communities to apply to the FCC for permission to regulate rates. February 1989 3 CT1C CableReports :~ REC~a JUN - 5 1989 PROTEST TOWN OF VAIL, COLORADO BOOTH CREEK LOCAL IMPROVEMENT DISTRICT Name(s) of affected parcel owner(s); Mailing address of parcel owner(s): Address of affected parcel: s Legal description of affected parcel: Block 2, Lot 4, Vail Village 12th Filing I(we}, the affected parcel owner(s), do hereby wish to protest the creation of the Town of Vail, Colorado, Booth Creek Local Improvement District, and state that I(we) oppose said district and the inclusion of our parcel in said district. Signed this 2nd day of June Parcel Owner(s): (If signed by an agent or other authorized person, include evidence of said authority or agency.) Robert P, Lammerts 125 Park Avenue Oklahoma City, OK 73102 1989. ~'~iit~G~ = ~ Return this protest to; Town Manager, 75 South Frontage Road, Vail, Colorado 81657, OBJECTION Objection to Lots Three (3) and Four (4), Block Two (2), Vail Village 12th Filing being assessed or levied against for improvements to mitigate rock fall damage in the Booth Creek Area, Vail, Calorado. 1 ) There are na buildings or irnpravernents on Lots Three (3) and Faur (4), Block Two (2) Vail Village 12th Filing 2) An inspection of Lats Three (3) and Four (~), Block Two (2) Vail Village 12th Filing does not: reveal evidence of any rock falls in this area. 3) The cast to mitigate rock fall damages in the Booth Creek Area of Vail, Calorado is a cost involving th.e public safety and should be borne by the appropriate governmental agencies. The $20,000 provided by the Tawn of Vail is not a realistic amount. ~!) The right of the Vail City Council to assess against lots not affected by the rock f<~11. is questionable. Dated this 2nd day of June, 1989. j %'~ ~a'-i~G~ r` Parcel Owner w t PROTEST TOWN OF VAIL, COLORADO BOOTH CREEK LOCAL IMPROVEMENT DISTRICT Name(s) of affected parcel owner(s): Mailing address of parcel owner(s): 125 Park Avenue, Oklahoma City, OK 73102 Address of affected parcel: Same Legal description of affected parcel: Block 2, Lot 3, Vail Village 12th Filing I(we), the affected parcel owner(s), do hereby wish to protest the creation of the Town of Vail, Colorado, Booth Creek Local Improvement District, and state that I(we) oppose said district and the inclusion of our parcel in said district. Signed this 2nd day of June Parcel Owner(s): RE~JUN~51989 George H. Clowes, Jr. Robert Lammerts c/o Lammerts 1989. %~ •- / ~~~G/~L y 7 ~~~~~. (If signed by an agent or other authorized person, include evidence of said authority or agency.) Return this protest to: Town Manager, 75 South Frontage Road, Vail, Colorado 81657. OBJECTION Objection to Lots Three (3) and Four (4), Block Two (2}, Vail Village 12th Filing being assessed or levied against for i.mprovE~ments to mitigate rock fall damage in the Booth Creek Area, Vail, Colorado. 1) 'T'here are no buildings or improvements on Lots '!'hr, ee ( 3 } and Four ( 4) , B1 ock Z'wo ( 2 ) Va i l Village 12th Filing 2 ) An insl~ecti.on o f Lots Three ( 3 ) and Four ( 4) , Block Two (2) Vail Village 12th Filing daes not reveal evidence of any roc}t falls in this area. 3 ) The cost to mitigate rorl~. fall d~images in the Iicoth Creek Area of Vail, Colorado is a cost involving the public safety and should be borne by the appropriate governrrtental agencies. The 520,000 provided by the Town of Vail is not a realistic amount. 4) The right of the Vail City Council to assess against lots not affected by the roc. )t fall is questionable. Dated this 2nd day of June, 1989. :~ Parcel Owner , PROTEST ,IUN - ~ ~~~ TOWN OF VAIL, COLORADO BOOTH CREEK LOCAL IMPROVEMENT DISTRICT Name(s) of affected parcel owner(s) o ~f?~ ~ ~~~~,,/~~ `jh l ~'•-~ /`'7' %. ~ yr ccl ~ % / Ste', Mailing address of parcel owner (s) ° _ QQ nj~ .7 ,~ 2 ~' o Ili ~' ~ ~ (, Address of affected parcel o __~ j C~~ C~ Legal description of affected parcel: G~~S f j Cu 25 f c{n ~ 'ff I(we), the affected parcel owner(s), do hereby wish to protest the creation of the Town of Vail, Colorado, Booth Creek Local Improvement District, and state that I(we) oppose said district and the inclusion of our parcel in said district. Signed this s f~ day of J~ ~_ 1989 . Parcel Owner(s)e (If signed by an agent or other _ ~~G authorized person, include evidence of said authority or agency.) Return this protest toe Town Manager, 75 South Frontage Road, Vail, Colorado 81657. RF["~! JUN - 1 ~9~9 STATE OF COLORADO COLORADO DEPARTRAERIT OF NEALTa-I oF.co~o ~~: - ~ , 4210 East 11th Avenue _ ~~e . Denver, Colorado 80220 ! Phone (303) 320-8333 \~ ,~~ a .'! X87 a May 31, 1989 Roy Romer Governor Thomas M. Vernon, M.D. Executive Director Eagle County School District 757 East Third Street Box 740 Eagle, CO 81631 Minturn Town Council Box 309 Minturn, CO 81645 Eagle County EYivironmental Health P.O. Box 850 Eagle, CO 81631 Gentlemen: /Vail Town Council 75 South Frontage Road Vail, CO 81657 I appreciated meeting with citizens in Minturn last week. I understand the concerns and frustrations expressed, and I wanted to let you know what actions are being taken by the State. 1. In a meeting on Friday with Gulf + Western counsel, Dames k. Moore, the State Health Department, and the Attorney General's Office, the State requested Dames & Moore to take the following actions: a. Institute increased and effective dust control which includes control of undisturbed as well as disturbed areas, and control during winter and early spring shut down periods; and b. Construct effective exclusion fencing at accessible portions of the site. The State intends to require the necessary dust controls through revision of the emission permit, which will then be subject to enforcement action by the Health Department. It is my understanding that a limited water sprinkler system is now in place along the northern edge of the New Tailings Pile. ' 2. Locations and frequencies for additional air monitoring are currently being evaluated. Once the optimal adjustments in the air monitoring program have been determined, the State intends to promptly implement them. 3. EPA has indicated that financial assistance would be available for the purpose of a community group hiring an independent consultant to review and comment upon the Public Health Assessment. There are several requirements that need to be met to obtain this funding. Contacts at EPA in Dem~er are John Ogden, 293-1727, or Robin Coursen, 293-1525. Dick Parachini, Mike McHugh, and I are all anxious to assist you in any way we can to expedite this funding. Page 2 May 31, 1989 4. Dick Parachini will establish regular office hours at the Minturn Town Hall for public interaction with him. These will be publicized in the local newspapers. At other times, he will be on-site to fulfill his oversight duties. When out in the field, his phone answering machine will be activated, and Dames & Moore will not be answering it. These actions are intended to promote freer communication between Dick and the community. 5. Air monitoring data will be supplied to the local newspapers and the Minturn Middle School. It will also be available at the Vail and Minturn Town Halls. 6. We are contracting with the Colorado Geological Surve~> to provide additional field oversight during the construction season. This will ensure that the work is being done according to specifications and that we can also provide increased air quality surveillance, and provide greater public accessibility to pertinent information. 7. Dr. Steinberg is meeting this week with Dr. Mangione, Director, and Mike Wilson of the Disease Control. and ~vironmental Epidemiology Division to discuss the blood lead issue. As you are aware, analysis to date by the Health Department's Air Pollution Control Division and Disease Control and Environmental Epidemiology Division does not support the need for such drastic action as shut down of the project or closure of the school. I hope the actions described above will provide the data necessary to determine if further action is necessary. Dick and I will keep the community informed of the results of these activities and all future actions. Dick will work on establishing a network for such communication with the community. We appreciate that many other questions and concerns have been raised. We are working on a response as quickly as possible. Please bring further questions and concerns to Diclc Parachini, 827-5928, or to me at 1-331-4517. Sincerely, Hocard Roitman, Chief Remedial Programs Section Hazardous Materials and Waste Management Division HR/cf cc: Brad Brockbank, Governor's Office Mike Hope, AGO Tom Loob3>, CDH Dave Shelton, CDH Bob Neukirchner, Dames & Moore ~~~~ ~~~ VOL. 4, i~o. 3 ,q PUBLIC~4TION OF CLUB 20 IVI,4V/JlJ(VE X989 B The economic recovery of the Western Slope is a slow but steady process. In fact, the turn-around is slow enough that in differ- ent parts of our region, there is substantial disagreement about whether or not things are getting better. Overall, there is a strong feeling that things are moving again, but the recovery is far from universal, and far from complete. Across the nation, the U.S. Small Busi- ness Administration has been monitoring the formation of new corporations, and reports that the level of new economic activity dur- ing similar economic situations is unprece- dented. There were 685,572 new incorpora- tions in 1987, and 684,109 in 1988... only a slight decrease from the record of 702,000 incorporations in 1986. The most surprising aspect of the statistics is that the SBA regions in the WEST reported more growth. Six of the ten SBA regions reported growth in the formation of new businesses - generally the six Western regions. The only Western region still reporting declines in new activity is Region VI (Arkansas, Louisiana, New Mexico, Oklahoma and Texas). But Region VIII -which is headquartered in Denver and includes Colorado, Wyoming, the Dakotas, Montana and Utah -reported an increase of 7.1% in one year! Indeed, the newspapers of Colorado West are beginning to contain numerous articles about new business being created through- out the region. Although it is impossible to keep track of all new businesses(many are never reported in the press), CLUB 20 begins in this issue of COLORADO WEST mentioning a few which have been reported, as evidence that things are moving. Our major challenge is to continue building upon this recovery, and figuring out how to translate it to every one of our CLUB 20 towns and counties. There is much work to do on that score, since the recovery remains partial. While Garfield County is experienc- ing ahousing shortage and preparing to authorize new subdivisions, the West End of Montrose County remains in a crunch caused by the decline in the domestic energy industry. Areas depending upon agricultural commodities like wheat and feed grains remain in tough shape, while the cattle industry has experienced along-overdue rebound. Overall construction is way up in Colorado. Contracts for future construction amounted to $232,998,000 for February, for example. That's an increase over the comparable period in 1988 of 370/0! The major factor driv- ing the increase is non-residential construc- tion, which was up almost 100% over last year, while residential construction continues to lag 26% behind 1988 levels. But if enough new businesses are built, homes will surely follow. These are generalities, of course, but they underscore the difficulty -and the inherent strength - of the Western Slope economy. It is a diverse economy based upon numerous businesses and industries. Of course, an economy based upon only one industry is in constant danger of a pull-out, as residents of Mesa, Garfield and Rio Blanco counties can surely attest. There is now a broad agreement among elected offi- cials and planners throughout the Western Slope that many small businesses are healthier than one large one. And the economic development of most counties is focused upon that priority. As the glance at new businesses indi- cates, some success has already been achieved. A host of new businesses have located on the Western Slope, and several existing businesses have begun expansion programs which will be of great benefit to the local economies. A $10 million retail and residential real estate development called Vail Gateway plaza was announced last month in Vail. It will feature a collection of high-end retail shops, 36 luxury hotel rooms, and a dozen residential units. The Mesa County Economic Development Council celebrated its announcement that the world's largest hotel chain, Quality Inter- national, will open an computerized reserva- tion center in Grand Junction. The center will provide 100 new jobs initially, and perhaps as many as 300 eventually. It opens in June and will be one of 4 such reservation centers in the United States. On February 1, Dan's Building Materials opened in Delta, providing discount building materials and hardware to area do-it- yourselfers. It is an expansion of an existing lumber yard in Montrose, and is starting small and showing great promise. On March 11, a new Ben Franklin variety store opened in Carbondale at the Crystal Village Plaza, providing residents with a huge variety of crafts, fabrics, toys, school sup- plies, afull-service pharmacy and the other offerings of a full-sized variety store. The Gunnison County Commissioners approved the initial plan for re-opening of the historic marble quarries above the town of Marble. Another public hearing and several other hurdles must still be cleared, but the way is open for more activity at the site, which produced the material for the Lincoln Memorial in Washington, D.C. in 1922. Su Wang and John La decided to move from the Chinese restaurant business in Denver to Craig, and purchased the Galaxy Restaurant, which opened on May 1. The establishment specializes in Mandarin, Szechuan and Hunan cuisine. On March 17 the Great Escape Tavern opened for business in Ouray. It provides a local "hang-out" for residents, especially those interested in sports, since it includes a 46" TV screen. Particularly significant about this new business is that it used local labor wherever possible. Local workers are used, a Ridgway company handled the con- struction, a Ouray firm laid the file ... even the TV was purchased locally. Bravo! The Board of Trustees of Basalt authorized the construction of the Hyde Park Motel, a 112-unit motel with a parking lot, tennis court, and 10 acres of dedicated public open space. The first bottle of the new "Aspen Beer" rolled off the assembly line in mid-March, and the product is now available on the shelves of area stores. The Aspen Beer Company, Ltd. was formed by 4 Snowmass men and the project was 5 years in the plan- ning. Local micro-breweries have been springing up around the nation in recent years, changing the face of the brewing industry. Several other local breweries are in the works, including another in Aspen, and one which produces Vail Ale. Vantage West Food Corporation has opened its doors in Montezuma County. The company, which produces frozen Mexican food, plans to create as many as 100 new jobs over the next three years. The avail- ability of a wide variety of agricultural products in the area was among the primary factors in the decision to open the plant. CLUB 20 wishes all these new businesses great success. For more details, see U.S.West's "Western Slope Signals" in this and future issues. We'll salute other new businesses in each issue of COLORADO WEST. YIi~IELY THOUGIiTS +~ - - . €. Q~-~ ' ~ -" ' ,. ' by Joe Prinster ~ I,~; Club 20 Chairman ~ ~ ~~' ~_i- ~:.,.4. We are perturbed that there was no highway bill before the Legislature adjouirned. The trend is to not recognize how neces- sary it is to get some of these projects underway, and complete the ones that are already in force. It is simply i:hat not enough is being spent. Another problem with the legislature -inability to accept the fact that the Governor's staff has been doing a good job. The attempt to take a million dollars out of the budget for that staff created near chaos. The outlying areas, such as the Western Slope, are dependent on the professional staff of Eco- nomic Development to get leads, expert help, and financial help when possible. Those things are not going to happen unless there is adequate staff to accomplish this. All the indications are that tourism this year is going to be very strong all over the moun- tain areas It is very possible that the fire in Yellowstone last year is going to divert a lot of those mountain travelers in Wyoming and Utah to our area. We should all be able to look forward to a good Summer and Fall. There's a strong effort in place to acquire the 1998 Winter Olym- pics for Colorado. We are a much better place in much better condition to do a real bang up job, and are much more ready for that challenge than we were in 1976. Also, from the top we have heard by involved people they have a much clearer picture of what is necessary to put together a well managed Olym- pics. That will affect a lot of Club 20 counties, and I think it will be extremely good for the State as a whole. I did happen to visit in Calgary last summer right after the 1988 Olympics. I was very impressed with the talk from people that live there about how much the Winter Olympics helped the economy of that whole area and how it vastly increased their summer visits by tourists from all over the world. CLUB 20 T® IH®ST FIRST PUBLIC CORRP MEETING CLUB 20 will ho:>t the first public meeting of the Colorado Outdoor Recreation Resources Project (CORRP) in Grand .Junction on June 13. Business leaders and other inter- ested citizens will have a chance to talk with the heads of agencies which manage the more than one- third of Colorado that is publicly owned. The session will mark the first time the full group has publicly gathered outside the Denver area since its creation in 1985. CORRP is an informal organization of all the public agencies that manage public recrea- tional lands in Colorado, as well as representatives from the private sector. CLUB 20 was a charter member of .the CORRP steering commmittee. The meeting will include public presentations by: Neil Morck, State Director of the Bureau of Land Management; Galen Buterbaugh, Regional Director of the U.S. Fish & Wildlife Service; Roi~ Holliday, Direc- tor of the Colorado Division of Parks and Outdoor Recreation; Perry Olson, Director of the Colorado Divi- sion of Wildlife; Rich Meredith, Director of the Colorado Tourism Board; and Tony ~>abatini, Admin- istrator of the State Land Board. In addition, representatives of the National Park Service, U.S. Forest Service, and the Colorado Parks and Recreation Association will also attend. The June 23 event, at Two Rivers Plaza in Grand Junction, will begin at 10:00 a.m. with presentations by the agencies to update the public on upcoming plans and events. A luncheon will follow with local organizations making presentations to the CORRP steering committee about local projects which require cooperation from the agencies. After lunch, an informal "booth" setting will allow members of the general public to share any concerns, and seek answers to any questions, from each of the agency heads. Call the CLUB 20 office at 242-3264 for further details. ~lYYL~ En1C~INES THReT COl1LD Back in February there was talk that the sky had finally fallen in South- western Colorado. The historic round- house in Durango had burned to the ground in the late night hours, with all six engines inside. Aside from the sadness of losing a major historic landmark, many observers also wondered if we had lost one of the largest tourist attractions on the Western Slope. Reports were that without the machine shop, containing many vintage tools that were "irre- placeable," there was doubt about whether the trains would ever run again. The doubt didn't linger more than a few minutes in the minds of the dedi- cated crew which makes the Durango- Silverton Narrow Gauge Railroad one of the premier historic tourist attractions in the West. Before the ashes were cool, owner Charles Bradshaw, Vice Presi- dent Amos Cordova and the rest of the management had made the decision to rebuild. The trains have risen from the ashes like the mythical phoenix, and the Summer season is underway, just as planned. The reconstruction of the locomotives has been another of the great success stories of the Western Slope, and there is little doubt that the regional economy will benefit greatly from the experience. ~ ~ ,~ I ' ~ ~ i ~; I~ r ,~ ~ ~ ~, ,,~~ F i I 1 ~ ''~ .1_ ~ '~ ~,; ---" - U'. ~ ~' ~ ~~ ,. Reservations are running at an all-time high and the Summer promises to be even better than previous years. Better- ing previous performance will be no small chore, either ... the trains have carried more than 1.3 million passengers in the last 7 years! Railroad crews worked diligently after the February 10 fire to get the engines ready. Tremendous credit goes to the Durango Fire Department for carefully protecting the engines as much as possible during the fire. It was reported _ ~~ ~_~ ~ - ~, - Food & Pharmacy 37 friendly stores to serve you throughout Western Colorado, Utah, Wyoming and New Mexico. ~®~®~~®o ~®~~o~s . ~~ ~®~~f~s ~~~ o-~~~~ur~~ ~~~c~ ,R" S Day Trophy Deer & Elk Hunts ~ Private Pheasant Over 5500 Acres of Private Land ~ Drop Camps Licensed ~ Bonded Guides & Out)itters Great Facilities ~ Excellent Food SUPER HUNTING! P.O. Box 659 (303) 328-2326 ~...~ r ~~-a Y C~ ; a that without the Department's quick response and fast decisions, damage may have been irreparable. In the end, the railroad is back and stronger than ever. The Sumemr season began with the usual fanfare, but the engines sport a newer, shinier look with new wooden floors, new paint, and a new resolve to kelp the wild west alive. Help spread the word that the lone- some whistle blows again in Durango and Silverton this Summer!! ~ f°~t~ ~~~d 1 ~'1 ~a~ Junc~i®n? Call or write Bray ~ Co. Realtors fora 4ree Real Estate Guide or an area street map. ® r ~~2~~6~7 1015 North 7th Street Grand Junction, Colorado 81501 ~>~~~~~. NI \1 I~~H1• ®~lktirt~r 1 ~~011 It.a,ix~. TRAITIIV WITH ~~S 2 MEMBERS ®®® ®®® of Grand Junction 243-6790 755 HORIZION DRIVE ~~. i. Western Slope SignaBs COMMUNICATIONS ISSUE XV The economy of the Western Slope has become much more diverse since 1982 and with the diversity is coming a stronger economy. Tourism is still the number one industry. With the tourism attractions like hunting, fishing and skiing, it is easy to forget that agriculture is still the second largest industry in western Colorado. This issue of Western Slope Signals examines some of the developments in the tourism and agricultural areas as well as some related small businesses. HUNTING and FISHING activities in Colorado con- tribute an estimated $1.2 billion to the economy. Until last year, the Colorado Division of Wildlife (DOW) only had information from license sales and interviews to use in the economic impact projections. Bill Devenny with the DOW in Denver says a computer software system developed by Brown, Bortz and Coddington, Inc. is now being used to determine who spends how much money and where on fishing and hunting. The figures are not all in for the 1988 season, but the report using data primarily from 1987 is inter- esting. In 1987, over 1.3 million hunting and fishing licenses were sold for a total of $31 million. Almost 895,000 people bought fishing licenses. Residents of small towns and rural areas are more apt to hunt or fish than urban residents, but the largest number of hunters and fishermen come from the urban areas, with EI Paso County having the most license holders. Mesa County has the most licensed residents on the Western Slope. A hunter or fisherman who goes out of his or her home county to do either usually spends more money. However, mo:;t fishermen tend to buy their fishing gear in their hometowns. The picture is more varied with hunters. Over 80% of the elk hunters in the counties of Hinsdale, Jacksons, Rio Blanco, Saguache and San Juan hunt in their own county. As a result, the revenues from secondary sales related to hunting are less in those counties than others on the Western Slope. Gunnison County attracts the highest number of out-of-state elk hunters in Colorado, but the out-of-state elk hunters in Rio Blanco County spent an average of $77 more or $2,065 on their hunts. The average out-of-state hunter spends $512 a trip for elk and $385 for deer for lodging, transportation, food and other items in addition to licenses. The average resident spends $160 hunting deer and $202 for elk. Denver and urban area residents pay a lot more than the average for a hunting trip. Garfield County followed by Routt and Gunnison counties attract the highest number of hunters. Game management Unit 62 on the Uncompahgre recorded the largest number of hunters followed by Unit 71 in Dolores and Montezuma counties. Park County attracted the highest number of fishermen in the state, 98,002 in 1987. The second highest number, 82,435, visited Gunnison County, and Grand County lured 63,366 fishermen for the third highest number in the state. Over 98% of the fishermen in Mineral, Jackson and Hinsdale counties come from out of county. Those are the highest percentages in the state. However, those fishermen only spent $8 to $12 a trip iri those counties, buying their supplies and licenses elsewhere. About 78% "Agriculture is the glue that keeps small communities on the Western Slope together. " Rita Robinson Director-Sustainable Mountain Agricultural Alliance-Telluride of the anglers in Pitkin County are non-residents, the largest percentage in that category in the state. There are hundreds of pieces of information in the study. Western Slope residents might want to take a look at the numbers to see if beliefs about the sport- ing population are confirmed. Businessmen might want to ponder some of these questions: Should efforts be made to attract out of county hunters and out-of-state fishermen who spend more money? Is the hunting and fishing population spread out as well as it should be? What more can be done to take a greater share of the $1.2 billion in revenues and pour the money back into improving the resource? What is more important, the quality of an experience or the quantity of fish and game? WHAT'S IN A NAME?-"International tourists, according to the studies, want to see national parks, Disney and cowboys and Indians when they come to the United States, "says Dinosaur National Monu- ment Superintendent Dennis Huffman. While there is no Disney here, there could be more national parks depending on the outcome of four studies being con- ducted now. The name of DINOSAUR NATIONAL MONUMENT could be changed to Dinosaur National Park. If the change is made, Huffman feels it would attract a lot more attention to the park. "You only have to look at what happened in Nevada at Great Basin National Park to see what a difference a name can make, "says Huffman. Even though Great Basin was a national monument before being designated a national park in 1986, visitation has increased 170% since the name change. "In the American mind, the park designation means something. Feople want to spend time at a park and know that it contains something special," Huffman believes. "I am con- stantlybeing asked where the monument is. People are expecting to see a statue or a rock, not a big park filled with all kinds of natural wonders. "Huffman feels the study and hearing process has been invaluable because it has given everyone a chance to air the real issues, even it nothing is done to change the status quo. A study is continuing on whether the COLORADO NATIONAL MONUMENT should be changed to a park. A possible 70, 000 acre expansion o/the monu- ment's boundaries is also being considered. "The geology in the BLACK CANYON OF THE GUNNISON and Gunnison Gorge is a dramatic example of what water erosions can create, "says superintendent o/the Black Canyon National Monu- ment, John Welch. "The fishery in the Gorge is of special significance, "says Welch. "The scenery is spectacular. " A study of the unique resources in the Gunnison Gorge is being conducted to see it that area should be included in the Black Canyon. A document outlining the different a/tematives for the Black Canyon will be finished in September. Last year 269,000 visitors viewed the canyon from the Montrose entrance. A ranger station and visitors center is being constructed next to Chasm View -the most popular stop on the North Rim. MESA VERDE NATIONAL PARK had more visitors last year than they have had since the park was opened ... approximately 772,000. Superintendent Robert Heyder says visitation so far this year is ahead of the count in 1988. Mesa Verde and Hovenweep National Monument do not contain all the Anasazi ruins in the Four Corners area. Hundreds of sites have been identified as part of a study connected with whether a new national park or monument should be opened in the Four Corners area. Heyder says the significant sites have been narrowed to 20 or 30 loca- tions in different federal jurisdictions and some on private land. The preliminary report on prospective sites and how the park or monument could be set up is due to be finished in June, says Heyder. Con- gress will receive the final recommendations by October. Congress decides i/ a park or monument will be established and what will be included in d. Heyder indicates that, if a park is established, the National Park Service will determine how d is administered and where. REBORN-There was a sigh of relief when the DURANGO AND SILVERTON NARROW GAUGE RAILROAD ran their first train of the season May 6th. A fire in February destroyed most of the railroad's roundhouse in Durango and damaged all the trains. Crews were able to repair two of the trains for the beginning of the season. Amos Cordova, railroad manager in Durango, anticipates the third train will be in operation on June 5 and the fourth by June 19th. The scenic narrow gauge hauled 186,722 passengers last year, adding millions of tourist dollars to the southwest Colorado economy. Cordova says they hope to attract 200,000 riders this season. Reservations are 20% ahead of last year at this time. Reconstruction of a new roundhouse will start in mid- June. Besides the regular trains, the narrow gauge runs a rail bus twice a day from the Rockwood sta- tion to Cascade Canyon and occasionally further for backpackers and others who do not want to go all the way to Silverton. The rail bus was built from the ground up in 1987, says Cordova, because of the need for it. The bus holds 80 passengers and is powered by diesel engines. YEA FOR VOLUNTEERS-Some of the best moun- tain bike, snowmobiling and cross country ski trails in the world are now available in northwest Colorado. The KOKOPELLI bike trail was opened in May and runs from Loma to Moab, Utah, a distance of about 125 miles. A 120-mile snowmobile trail from Powderhom Ski area to Sunlight Ski area, the SP Trail, was opened last winter. Both trails were constructed by volunteers, primarily on federal land. Recreation Supervisor for the Forest Service in Grand Junction, Dale Bittle, says, "The snowmobile trail was an effort to spur a winter industry /or the locals and develop something besides downhill skiing. "There are more than 300 miles of loop trails marked on Grand Mesa. Bittle says the Forest Service would consider approval of an endeavor to build huts on the trails and run them on a concession basis. Crag Crest Trail on the Mesa was the first nationally designated cross country ski trail, in 1970. Now there are about 50 miles of designated cross country ski trails. Bittle would like to see 150 more miles labeled. "Weekend visftors this winter to the Mesa were up 2,000%," says Bittle. Talks are underway now with clubs to map out and construct a series of mountain bike and all terrain vehicle trails on both Grand Mesa and the Uncom- pahgre Plateau. Bittle says, "It has been fun to watch all the different interest groups working together to create a Vail system that everyone can enjoy no matter what mode of transportation they choose. " SMALL THINKS BIG-"Agriculture is the glue that keeps small communities on the Western Slope together," states Rita Robinson, director of the SUS- TAINABLE fIflOUNTAIN AGRICULTURAL ALLIANCE (SAflALL) in Telluride. "There are a lot of family farms in western Colorado and people who want to be in farming. Many of them want farming and ranching to be more viable," continued Robin- son. The Allilance includes institutions such as Colo- rado State University, the Windstar Foundation, High Desert Research and the Telluride Institute as well as individual growers and producers. SMALL hopes to help farmers identify crops which are economically and environmentally viable. The Alliance has three main goals: 1) Communicate through networking among farmers in the region so everyone is aware of what is being grown and how; 2) Facilitate by help- ing to arrange and receive information from non-farm research so facts and figure are available to anyone who wants them; 3) Education by conducting workshops and seminars using successful farmers as presenters. Robinson said eventually the group hopes to shape future crop and method research. He emphasized that there is no one successful crop or method. "The key is the system," comments Robinson. "The farmer and rancher have to see what works for their particular conditions." SMALL has sent surveys out to 600 producers on the Western Slope. The detailed information will be made available in July as part of a $36,000 grant from the U.S. Department of Agriculture. Anyone who wishes to be surveyed or wants a copy of the report can con- tact Small at 728981 or P.O. Box 1770, Telluride, 81435. In the 12 Western Slope counties from Moffat to La Plata, over 168,600 acres are planted in crops including wheat, corn, barley, and vegetables. "That average amount," says Tri-River Extension agent in Grand Junction, Curtis Swift, "does not include hay, which is the largest crop. The TrfRiver counties which include Mesa, Delta, Montrose and Ouray sold their crops for more than $67 million in 1987. The receipts for livestock for the same counties in 1987 were $94.2 million." The amount of hay being grown in the state is not known, but it is a large crop in western Colorado. The price for good alfalfa is the highest it has ever been. Premium alfalfa hay was being sold for $100 a ton at the end of last summer, more by the bale. The publication Record Stockman shows that advance contracts on this year's alfalfa crop are averaging $10-$20 higher than the price last year. The major customers are in areas where drought conditions were severe last year and have not eased. Many Western Slope residents have decided to keep ranching but in anon-traditional way. They have obtainetl a park permit from the Division of Wildlife and have established deer and elk herds on their ranches. Some land owners sell the meat and other products from their game herds; others allow private parties of hunters. The Royal Elk Ranch in Powderhorn outside Gunnison started out as a hunt- ing estate. Ranch manager, Bob Chilcote says the owner is thinking of supplying meat to restaurants and has shipped elk horns to Asian markets. Five hundred acres of the ranch have been surrounded by an eight-foot-high fence where a herd of about 42 elk are kept. Most of the original bulls for the herd came from Montana. The ranch is owned by Rocky Alburtis of Lubbock, Texas. The DOW requires a landowner to obtain a commercial park License for $100 if they keep any wild or exotic game on their property. There were 48 licenses issued for the Western Slope in 1989. While many landowners are raising elk and deer, others have game birds such as pheasant and chukar, or unusual animals like snakes, ostriches, wolves, kangaroos and mouflon sheep. DOGIES!-Delta will be the site of the NATIONAL LITTLE BRITCHES RODEO for live years starting in the summer of 1990. That could mean a $1 million windfall for Detta and the surrounding area. The week- long event attracts anywhere from 500 to 600 par- ticipants and their families. Most of the families stay in the area about 10 days and 65% of them spend more than $1,000 while the rodeo is in progress, according to a survey done for the Little Britches Com- mittee. Alot needs to be done to prepare for the event. Delta City Manager, Steve Schrock observes that the improvements to be made to the fairgrounds and camping facilities will allow the community to attract even more horse events. The /airgrounds are privately owned by the Roundup Club. An indoor arena, an additional 200 stalls and about 80 hookups for recrea- tional vehicles are planned as part of a Colorado Ini- tiatives Project. Schrock feels that attracting horse ranchers and events is a niche in the local agricultural economy that needed to be filled. SUPERIOR-The largest of the only seven saddle tree manufacturers in the world is located in Grand Junction. SUPERIOR SADDLE TREE COMPANY craftsmen custom make the wooden frames used by saddle makers. Customers have included Queen Elizabeth, Ronald Reagan, Kenny Rogers, and Tom Selleck, as well as the biggest names in rodeo. The saddle trees, even though they are made only for western saddles, are sold all over the world. Business co-owner Helen Felkins says, "The business is not a big money maker, but is satisfying because every- day Ican pick up the phone and talk to the world." Sonny Felkins got into the saddle tree making business 12 years ago out of frustration. He was a building contractor at the time in the Vernal, Utah area. He wanted a special saddle tree made for a race horse and was appalled to find out how long ft would take to get the tree because the firm in Vernal was so backordered. Felkins decided to put his carpentry skills to work and purchased the business. Felkins set up shop in Moab but became stymied there. Whenever a machine broke down or some- thing needed to be fixed, ten employees were idle while the parts were ordered from Grand Junction or Salt Lake City. Felkins said that was too costly. That plus the fact that his elderly mother lives in Grand Junction prompted the move to Colorado, along with all ten employees from Moab. The Mesa County Economic Development Council chipped in funds to help with the relocation. Felkins says they have orders for 285 trees, but they are only able to produce 12 trees a day. There are over 400 different fronts or styles of saddle trees the company can pro- duce. "You can understand why it takes a while to train someone to do quality work," says Felkins. Business has picked up considerably this year. The price of leather has gone up in the last three years because green hides are now being traded on the stock market. Felkins says many lots are bought by customers in the Far East who then turn around and sell them back to the U.S. As a result, the price of leather has gotten higher. "Intermountain Veterans Park is the nicest racing facility in the western United States," Felkins feels. She hopes the amount of horse events in the valley will continue to grow. As a hint she adds, "It's a pity that the Colorado Futurity race is run in Raton, New Mexico." RIDE 'EMCOWBOY-"The national advertising has brought in the business that is the frosting on the cake, " says Grand Junction saddle maker Bob McCray. McCray, who has been in business in Grand Junction since 1977, says the business he gets from the Western Slope for his custom saddles and other tack plus the repairs he does on leather items has always been enough to pay the bills and make a living. In the last three years, he has run an ad in a national horse magazine, and that has attracted a lot of extra business. McCray says that, "The amount of business this year is way ahead of last year at this time. "Seven saddles are being made now. That plus the repair work keeps McCray and an apprentice busy. McCray says there are more outtitters here than he has seen anywhere else. The bulk o/ his custom saddles go to working cowboys. A pleasure saddle is his next most popular style. BIT BY BIT-Prince Charles of Great Britain is only one of the many worldwide customers of The Roy bit and spur makers in Montrose. "The Prince ordered spurs for polo," says business owner Roy Robinson. "We have sold our bits and spurs in Canada, Australia and West Germany, too," adds Robinson. Robinson owned a western wear store in Rosenburg, Texas prior to his move last year. He started making spurs and bits when he could not get top quality merchandise for his store. He moved with the help of a $3,000 relocation grant from the Mont- rose economic development group. "I had hunted in the-Montrose area for a number of years and I wanted to move to the mountains," explains Roy. One employee and three family members who work in the operation also came with Robinson. Robin- son works with stainless steel and silver to produce bits, spurs, saddle hardware and custom made door and building hardware. Robinson says they got into the hardware business because there seemed to be a need for top quality pieces. Most of Robinson's hardware production goes to Telluride and Texas. Robinson plans to expand in the next year, finding more ways to utilize his equipment. UTElNDIANS-The 'Ahvays Buy Colorado" program and aggressive marketing have made a big difference in the amount of pottery being sold by the UTE MOUNTAIN UTE INDIAN POTTERY FACTORY. The 30 workers at the factory are turning out 500 to 1,000 pieces a week, says assistant plant manager, Carol House. The pots, mugs and other ceramic pieces decorated with Ute motifs are being sold throughout the western United States now. Last year, as the result of an exhibit at an Always Buy Colorado fair, King Soopers executives in Denver ordered the pottery for their stores. The demand for the pottery with the sUik- ing geometric designs has prompted an increase in the stall of the factory to about 30 workers, up from the 10 who had been creating the pottery as a tribal- subsidizedbusiness for 20 years. House says the tribe is still helping, but not as much as before because fhe funds are not needed. Artisans meet a quota, but they are allowed to put any design and colors they want on the pieces they are making. Mugs are the best selling items /rom a choice of 25 or so different shapes. House says that, while the factory has com- mercialized the traditional way of making the ceramic pots and painting them, they are still able to make a living with their artwork. Tribal youths are hired in the summer time to help out during the factory's busiest time. Some of the teens are being trained to become artists. The pottery factory is located on Highway 160 about 15 miles south of Cortez at the turn-off to Towoac. written by Linda Skinner DELTA COUNTY SCORES BIG PRIZE When the National Little Britches Rodeo Association announced in March that the national finals rodeo would be held in Delta for five years beginning in 1990, it was trumpeted as a major victory for Western Colo- rado. In fact, it is much more. The effort to attract this event to Delta County represents one of the greatest success stories in the economic development and promotion field in several years. Rarely has a community pulled together so com- pletely and worked so hard to clear so many hurdles in order to bring in visitors to our part of the State. The national finals rodeo is a big prize, too. It attracts as many as 600 families, who stay for a week and spend as much as $115 a day. It has been estimated that the economic impact may be as great as $3.3 million. The competition had been held in Colorado Springs for nearly a decade, and even though the City of Colorado Springs didn't offer much in the way of economic incentives, it is always easier to stay where you are than to make such a major move. So Delta had to convince a national board of 27 people that the move was worth mak- ing. And the red carpet was rolled out! Delta offered not so much cash-up- front, but big savings, and strong com- munity suppoprt. The Fairgrounds were offered for free, along with major savings on services needed, and thousands of dollars in advertising. The town plans akick-off parade and general Western Slope welcome for the participants. Because of the nature of the rodeo events, families usually have several days of time for site- seeing and touring. CLUB 20 will help with promotional materials designed to let the visitors know how much there is to see and do in Colorado West during the Summer. Delta County will be manning a booth for such information at the last national finals rodeo to be held in Colorado Springs (this August). The prize saddles will be provided by Delta, so the feeling of good will between the rodeo-ers and the West- ern Slope is getting an early start. One other little-mentioned fact may be the best news of all ...each year , ~ ~, ,~ __. , ~ ~~~i , ~ ~ ~ ~ ~~'~ ~~ ~ ~ ~ ~ r~ ~ - ~ _~. ~-~ , ,. ~~ - o: - ,,~ "q ~ =-~ ~ ~ _)l. i - 3 -- , ;<, I 1 ~_ ___ _ ~~ - _~ the families participating in the national finals "turn over" as much as 60%, so over a five year period several thousand families from all over the United States will discover Colo- rado West because of the efforts of a group of dedicated citizens from Delta County. All of the Western Slope is proud of Delta's accomplishment, and looks forward to helping welcome the National Little Britches Rodeo! SCENIC BYWAYS STRENGTI~EN TOURISM INDUSTRY When the U.S. Forest Service began the process of dedicating National Forest Scenic Byways, it didn't take long for Colorado West residents to act. The San Juan Skyway became the first such route designated in Colorado. The scenic "loop" drive connects the CLUB 20 towns of Durango, Silverton, Ouray, Ridgway, Placerville, Telluride, Rico, Dolores, Cortez, and Mlancos. It includes the famous and historic "Million Dollar Highway," and is one of the nation's most beautiful drives. Work has already begun on marking the route, erecting signs and scenic turn-offs along the 232-mile route. Such routes, after designation, become eligible for national funding for such signs, turnouts, public facilities and scenic trails. The Bureau of Land Management is now getting in on the act, too. BLM has imple- mented its own "National Back Country Byways Initiative," part of the national effort to promote scenic byways. A 1986 study for the President's Commission on Americans Outdoors found that 43% of America's adults identified driving for pleasure as a favorite leisure pursuit. The Colorado Tourism Board's own study underscores the impor- lance of the driving vacation to our State's tourism industry ... it is the area where we have the most to gain. Surely no area of the West has more scenic byways than Colorado West, so CLUB 20 is spreading the word that federal agencies involved in such official designations are looking for business. Communities interested in cooperating with the BLM effort can obtain information from the BLM District Offices in Craig, Grand Junction and Montrose, or contact CLUB 20 for more information. NORTHWEST COLORADO GETS SMALL BUSINESS RESOURCE CENTER The Colorado Community College and Occupational Education System approved a grant of $30,000 in March for Colorado Northwestern Community College to implement a comprehensive Small Business Resource Center. Funding for the operation comes from the Office of Rural Job Training and the Governor's Office of Job Training. Residents of northwestern Colorado have been working to obtain the pro- gram for 5 years, since the Small Business Management Program began. The College's Board of Trustees approv- ed such a program in 1984, and this ma- jor grant will allow it to be fully imple- mented. CCNC will match the grant and begin the program, which will be admin- istered on the Rangely campus. Service area centers are located in Meeker, Craig, Hayden and Yampa. Their purpose is to provide a wide range of services to people who are trying to start a small business, or are struggling to help such a business succeed, or who wish to expand already existing businesses. The services include coun- seling, training and education, and access to valuable resource materials such as books, computer software, databases, and other similar informa- tion. The Center is seen as a big factor in the economic development efforts of Northwestern Colorado. Program administrators estimate that as many as 100 businesses will be assisted this year, and hopes are high for more new business start-ups, fewer failures and healthy expansions. ~~~~ ~~~~ ~~ ~~~c~~~~ ~~~o~~~~ Position Name Address Phone-work home Chairman Chairmanelect Joe Prinster Jasper Welch 1302 Chipeta, Grand Junction 81501 950 E. Second Ave. Durango 81301 245-3836 247-5212 245-2659 Secretary Treasurer LaMoine Brown Kay Ha ashi , P.O. Box 730. Montrose 81402 1280 C 249-2000 247-0320 249-3385 Past Chairman y Dan Noble onnell Ave., Grand Junction 81501 P.O. Box 71, Norwood 81423 327-4255 P4P_2494 327-384 Reg. 9 Vice Chairman Reg. 10 Vice Chairman Ken Brengle Bob Decker P.O. Box 2587, Durango 81302 2 Irwin St Gunnison 61230 247-0312 247-4698 Reg. 11 Vice Chairman Reg. 12 Vice.Chairman Flaven Cerise Bill Hai ht ., P.O. Box 97, Carbondale 81623 P O B 943-2118 641-1196 963-2634 Special Appointees g Fred Collett . . ox 308, Steamboat Springs 80477 P.O. Box 326, Gypsum 61637 879-1319 524-7777 879-6216 Bob Simillion Sam Suplizio P.O. Box 770071, Steamboat Springs 80477 P O Box 100 Grand Junction 81502 879-1160 879-1263 David Reed . . , P.O. Box 1149, Montrose 81402 243-6600 249-4501 COMMITTEE CHAIRMEN: Economic Development John Hess (Frisco 668-5445) Stan Broome (Mon trose 249-2436) Natural Resources Bob Beverly (Grand Junction 242-2753) Tourism David Anderson (Montrose 249-2436) Transportation Stan Dodson (Glenwood Springs 945-2233) Wayne Kefth (Montrose 249-6727) Membership Jim Evans (Rifle 625-1723) Agriculture Mark Harris (Grand Junction 242-8374) ~~~~ ~Bu~ ~~ arc~~rs Position ' Name Address Phone-work home Archuleta Den Medray Carpenter - A P.O. Box 422, Pagosa Springs 81147 731-2467 a Roger Blouch - D 1090 A St., Delta 81416 874-8710 Dobres' Harmon Lowman - A Wayne Magness - D 993 Hvry. 65, Austin 81410 P O Box 176 Cahone 81320 835-8162 Eagle Ken Norman - D . . , P.O. Box 97, Eagle 81631 677-2811 328-6914 562-4521 Garfi ld' Roy Robinson - A P.O. Box 450, Eagle 81631 328-6656 e Marian Smith - D 1332 Grand Ave., Glenwood Spgs. 81601 945-9158 945-5838 Grand George Mitchell - A Bill Needham - D 404 Hutton Ave., Rifle 81650 P.O. Box 286 Granby 80446 625-1346 625-2270 Gunnison' Dick Leonartl - A Marlene Zanetell - D , P.O. Box 84, Fraser 80442 P O Box 418 Gunnison 81230 725-0347 687-015q 726-yyyg Hin d l Alva Mae Dunbar - A . . , P.O. Box 479, Gunnison 61230 943-2082 641-2231 641-0805 s a e Don Berry - D P.O. Box 144, Lake City 81235 gq4-2225 ggq_27g2 Jackson' Perk Vickers - A Robert Carlstrom - D P.O. Box 96, Lake Ciry 81235 P O Box 617 Walden 80480 944-2249 Dannis V. Brinker - A . . , 2135 JCR 26A, Coalmont 60430 723470 723483 723-8452 Lake ' Jack Saunders - D P.O. Box 964, Leadville 80461 486-0993 LaPlata Mesa J. Paul Brown - D 1060 E. 2nd Ave, Durango 81301 259-4000 563-4453 Lana Torrou - D 2186 Buffab Dr., Grand Junction 81503 245-0562 Moffat' Marietta Benge - A Tom LeF D 118 Hilicrest Manor, Grand Junction 81501 242-0284 242-5737 evre - Chuck Powell - A 221 W. Victory Way, Craig 81625 P.O. Box 1147 Craig 81626 824-5517 824-5195 Montezuma Bill Bauer - D , 19501 County Road P, Cortez 61321 565-0728 624-6325 565-7742 Montrose' Jerry Wiltgen - A LaMoine Brown - D 29 East Main, Cortez 81321 P O Box 730 Montrose 81402 565-4000 Oura Dave Logan - A Mik . . , 67180 E. Miami Rd., Montrose 81401 249-2000 249-5533 249-3385 249-9231 ~ y e Kern - D P.O. Box 367, Ouray 81427 325~48q Pitkin' Chick Rahm - A Tom Oliver - D P.O. Box 133, Ouray 81427 P.O. Box 3626 Aspen 61612 325-4415 (4609) Rio Blanco Eve Homeyer - A , 810 Cemetery Lane, Aspen.81611 925-1120 ~ 825-1118 925-7142 Nick Theos - D 6909 County Road 49, Meeker 81641 878485 Routt' Peg Rector - A Joe Boyd - D P.O. Box 299, Rangely 81648 P.O Box 683 Hayden 81639 675-2087 675-8573 San Juan Bob Simillion - A . , P.O. Box 770071, Steamboat Springs 80477 276-3731 879-1160 879_7332 879_1263 San Miguel' Lew Parcell - D John Arnold - D 104 Duncan St., Montrose 81401 P O Box 964 Telluride CO 81435 249-5080 Summit Warren Gardner - D . . , , P.O. Box 1849, Frisco 80443 728-4245 668-5300 728-3779 468-8287 Tom Glass - A P.O. Box 387, Frisco 80443 668-5046 'Denotes directors serving 1989.1990, installed 2-89 tltf0hlNCt~~A~~~~~~r-bad ~~~® ~~&~®~ ~~~~~a~~ The recently formed Manufacturers Association of Western Colorado kicked off its membership campaign by sponsoring its first Annual Manufac- turers Expo on April 8th and 9th. The Expo had about 75 manufacturers from Western Colorado showcasing their products at Two Rivers Plaza in Grand Junction. The Expo, with Governor Roy Romer doing the opening ribbon~utting ceremony, attracted the attention of several thousand visitors. The event was open to any of the 400 + Western Slope manufacturers. It was designed primarily to make the manufacturers aware of each other, and the general public and government purchasers aware of what is available. The M.A.W.C. was conceived and formed by Tom Richter of Universal Corporation in Grand Junction to keep Colorado money in Colorado. The M.A.W.C. has already received a great response to the Expo and is now actively increasing its membership. The result will be a positive monetary impact for our part of the state. For more information about M.A.W.C., contact TOM RICHTER at 242-5267, or call CLUB 20 at 242-3264. ~~ 686! 0 E A`dW ~,~3~ 9Sl oN liw~ad 00 '~laf pue~0 dl`dd a6elsod 'S'fl 31va ~~na 0850-20918 'oloC b9Z£-ZtiZ-£0£ `uolaoun~ pue~0 095 xo8 'O'd OZ qnl~ ON TFiE MOVE h i 1 -.~w,~,r,...4~}. ~ <~.,. By Greg Welcher ~~~~`_ Club 20 President ~~ _~,,~_ ., ~ I .. ~.. I ~;. , f In the first few months since I became President of CLUB 20 the organization has been on the move non-stop. We're working hard, travel- ing the Western Slope, and ... having fun! Since March 1, CLUB 20 has visited half of our 22 countires, dozens of towns, and numerous businesses. We have been involved in issues and pro- jects throughout the Slope, and have attracted a good deal of attention from the media. Invitations to speak at Rotary Clubs, chamber luncheons and other events are rolling in (we're acceptng all of thern). There is still a long way to go, 20 counties still to visit, and hundreds of people still to meet. But there is a broad recognition that CLUB 20 remains a force in Colorado and is as vital to our well-being as in 1954. Beginning with this issue of COLO- RADO WEST, we're going to tell a bright story about success on the Western Slope. We all know we've been through some very difficult times in recent years. Indeed, much of the area is still in the economic doldrums. But there is also a tremendous number of success stories in every single community. What we should do is focus on this success, study it, analyze it, and determine how to duplicate it. Success takes on many different forms. In some cases, a single high school student worked hard and won a state or national com- petition, bringing honor and pride to the community and the Western Slope. In other cases, an entire com- munity pulled together and accom- plished big things for the benefit of all. These stories should be told, and we're starting here. We're also going to begin featuring an account of new businesses which locate on the Western Slope, businesses that expand their opera- tions, and other new jobs being. created. None of these accounts can be complete, of course. There are many other positive stories to tell. The point is that part of the job of pro- moting the Western Slope includes talking about the great people who live here, not just the beauty of our moun- tains. This is an easy task. Western Colorado residents are among the last of the "rugged individualists" who believe that the solutions to our prob- lems are already here -not on the other side of the mountains, or on the other side of the country. When we work together we can accomplish what none of us could do by ourselves. That remains the cornerstone of CLUB 20, working together to build prosperity and quality of life .Please .let us know of any chance to spread the word about this important work in your community. We are anxious to get out of the office and help every member achieve a louder voice. J ~ DESIGN REVIEW BOARD AGENDA MAY 31, 1989 1:30 pm Site Visits 11:30 a.m. 15 1. Mouw Residence, Remodel and addition 5084 Main Gore Drive, Lot 6, Vail Meadow 1st MOTION: McCluskie SECOND: Sante VOTE: 5-0 1 Approval of conditions outlined in the letter from staff. 2. Spruce tree will not be removed on west/ side corner. 11 2. Alpine Garden Sign and Entry Gate Ford Park - Lower Bench MOTION: Sante SECOND: McCluskie VOTE: 5-0 Consent 9 3. Chester Residence revisions Lot 19, Block 1, Vail Village 1st Filing MOTION: Osterfoss SECOND: Herrington VOTE: 5-0 Approved as submitted. 4. Vail Mountain School, Modification to Approved Drawings Lot 12, Block 2, Vail Village 13th 3160 Frontage Road East MOTION: Sante SECOND:_Herrington VOTE: 5-0 Landscape plan must be submitted to staff and approved by Jamie McCluskie. / L 12 5. Rose Residence - 250 Ordinance Lot 1, Block 1, Vail Village 11th MOTION: SECOND: VOTE: TABLED TO JUNE 7TH MEETING 1 6. Valasquez - 250 Ordinance (Addition) Lot 4, Block 1, Potato Patch MOTION: SECOND: VOTE: TABLED TO JUNE 7TH MEETING 8 7. Vail Village Plaza, Unit 26 MOTION: Sante SECOND: McCluskie VOTE: 5-0 Consent 6 8. Fritzlen/Pierce Addition Part of Lot 2, Block 5, Vail Intermountain MOTION: Herrington SECOND: Osterfoss VOTE: 4-1 1. Change chrome dishs to painted (Terra cotton) dishs of some other material then chrome. 2. Paint exterior vents and pipes to match existing building. 10 9. Hoversten Addition Lot 1, Block 1, Vail Valley lst MOTION: McCluskie SECOND: Sante VOTE: 5-0 Approved with conditions. ~ 's 7 10. Vail 21 Repaint MOTION: SECOND: VOTE: TABLED TO JUNE 7TH MEETING 14 11. Ledges - 6 Single Family Homes: Getty Oil Parcel Conceptual Review MOTION: SECOND: VOTE: TABLED TO JUNE 7TH MEETING 2 12. Lionsmane Phase II - color change Lot A-4, Block A, Lionsridge Filing 1 MOTION: SECOND: VOTE: TABLED TO JUNE 7TH MEETING 5 13. Schweinsberg - Change to approved plans Parcel B, Stephens Subdivision MOTION: Saute SECOND: McCluskie VOTE: 5-0 Approved as submitted. 14. Aasland Residence Lot 3, Block D, Vail Das Schone #1 MOTION: SECOND: VOTE: 4 15. Boatman addition Lot 4, Block D, Vail Ridge MOTION: Osterfoss SECOND: Herrington VOTE: 5-0 Approved with conditions. ~.~ '~ 13 16. Sarratt Residence addition Lot 3, Block 2, Vail Village 11th MOTION: Osterfoss SECOND: Herrington VOTE: 4-0-1 Approved. Ned Gwathmey abstained. 3 Valli Hi - 1280 N. Frontage Rd. site visit only - review progress of repaint (at request of DRB) Site visit only. MEMBERS PRESENT: Pat Herrington Peggy Osterfoss Ned Gwathmey Jam:Le McCluskie Roy Sante STAFF APPROVALS: MEMBERS ABSENT• Vai:1 Athletic Club - Re-roof, west end on north side. Carl~itto Re-Roof Alpenhoff Kitchen Remodel - Unit 11, Potato Patch Club