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HomeMy WebLinkAbout1990-03-20 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH Z0, 1990 7:30 p.m. AGENDA 1. County Recreation and Affordable Housing Election Presentation 2. Public Hearing regarding Proposed Tennenbaum Land Exchange 3. Ordinance No. 7, Series of 1990, second reading, an ordinance increasing the compensation for future Mayors and members of the Town Council of the Town of Vail; and setting forth details in regard thereto. 4. Ordinance No. 9, Series of 1990, first reading, an ordinance amending Special Development District No. 23, the Vail National Bank Building, and setting forth the details in regard thereto. 5. Ordinance No. 10, Series of 1990, first reading, an ordinance repealing and reenacting Ordinance No. 12, Series of 1989, to provide changes to Area D requirements that concern parking provisions; and Micro-brewery and East Building additions; and setting forth details in regard. thereto. 6. Ordinance No. 11, Series of 1990, first reading, an ordinance re-zoning Lots 3, 4, and 5 of Vail Valley Third Filing, a part of Sunburst replat, to Special Development District No. 24, in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. 7. Ordinance No. 12, Series of 1990, first reading, an ordinance amending the Town of Vail Sales Tax Code; and setting forth details in regard thereto. 8. Resolution No. 7, Series of 1990, a resolution authorizing the Town Manager to act on behalf of the Town of Vail in negotiating and entering into a lease termination agreement terminating a certain lease of land and improvements with the United States Postal Service and other instruments and documents relating thereto. 9. Jackalope Cafe & Cantina Sign Variance 10. Appointment of Design Review Board Member CITIZEN PARTICIPATION 11. Adjournment r VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, MARCH 20, 1990 7:30 p.m. EXPANDED AGENDA 7:30 1. County Recreation and Affordable Housing Election Don Welch Presentation Jim Stovall Kevin Lindahl Peter Jamar 8:00 2. Public Hearing regarding Proposed Tennenbaum Land Exchange Larry Eskwith Action Requested of Council: Adopt a position relative to the proposed Tennenbaum land exchange. Background Rationale: Tennenbaum wishes to exchange up to 2,000 acres of private land in the BLM/National Forest Park Service systems for one acre of Forest Service land located adjacent to Rockledge Road. He is proposing special legislation in the U.S. Congress to accomplish this purpose. 8:30 3. Ordinance No. 7, Series of 1990, second reading, increasing Larry Eskwith Council compensation Action Requested of Council: Approve/modify/deny Ordinance No. 7, Series of 1990, on second reading. Background Rationale: At the Work Session of Feb. 27 the Council directed the Town Attorney to draft an ordinance increasing the Town Council's compensation. Staff Recommendation: Approve Ordinance No. 7, Series of 1990, on second reading. 8:50 4. Ordinance No. 9, Series of 1990, first reading, a request Tom Braun to amend Special Development District No. 23, the Vail National Bank Building Action Requested of Council: Approve/modify/deny Ordinance No. 9, Series of 1990, on first reading. Background Rationale: this item was tabled at the Council's 3/6 meeting. The continuance was requested by the applicant to allow them an opport~-nity to resolve issues raised by the Council. No new inform~.tion or revisions to the initial proposal have been submitted to the staff. The applicants are desirous of presenting this request again to the Council. Staff Recommendation: Denial as per staff recommendation. 9:15 5. Ordinance No. 10, Series of 1990, first reading, amending Kristan Pritz Special Development District #4, Cascade Village Area D, Glen Lyon Office site to provide for changes to parking provisions, micro-brewery building and east building (Applicant: Glen Lyon Office Building, a Colorado Partnership) Action Requested of Council: Approve/modify/deny Ordinance No. 10, Series of 1990, on first reading. Background Rationale: On Feb. 12th, the PEC voted unanimously to recommend approval of the request with the conditions that 1) the brew pub would not be open during the week days. If the brew pub is opened for weekday use, the parking structure must be constructed. 2) the 2 employee units shall be restricted permanently. Staff Recommendation: Approve Ordinance No. 10, Series of 1990, on first reading. 9:35 6. Ordinance No. 11, Series of 1990, first reading, rezoning Tom Braun Lots 3, 4, and 5, Vail Valley 3rd Filing, a part of Sunburst replat from Primary/Secondary Residential to Special Development District (Applicant: Debra and Robert Warner, Jr.) Action Requested of Council: Approve/modify/deny Ordinance No. 11, Series of 1990, on first reading. Background Rationale: Proposed development on these three lots include three primary/secondary structures. SDD zoning is requested to allow for GRFA and site coverage on one lot to exceed what is permitted b,y underlying zoning. At their March 12 meeting, the PEC voted 7-0 to recommend denial of the application. Staff Recommendation: Denial, as per staff memo. 10:00 7. Ordinance No. 12, Series of 1990, first reading, amending Steve Barwick the Town's sales tax code Action Requested of Council: Approve/modify/deny Ordinance No. 12, Series of 1990, on first reading. Background Rationale: Town Council has directed that staff prepare a change to Vail's sales tax code which would allow the proceeds from qualifiied fund raising events by local charities to be retained by those charities. Staff has also included a change that would allow the Finance Director to waive interest charges on late sales tax returns. Staff Recommendation: Approve Ordinance No. 12, Series of 1990, on first reading. 10:15 8. Resolution No. 7, Series of 1990, authorizing the Town Larry Eskwith Manager to act on behalf of the Town of Vail in negotiating and entering into a lease termination agreement with the U.S. Postal Service Action Requested of Council: Approve/deny Resolution No. 7, Series of 1990. Background Rationale: The Postal Service requires this resolution before they will accept the termination document. Staff Recommendation: Approve Resolution No. 7, Series of 1990. 10:25 9. Jackalope Cafe & Cantina Sign Variance Shelly Mello Action Requested of Council: Approve/deny sign variance request. Background Rationale: On March 7, 1990, the DRB recommended approval of a sign variance request for the Jackalope Cafe & Cantina by a vote of 3-1. Under the current requirements, the business would be allowed one sign with a maximum area of 10 sq. ft, at a height of 8 ft. above grade located parallel to the business. The DRB approval will allow a sign of 11.2 sq. ft. to be located at a height of 24 ft. on the front parapet of the West Vail Mall. One DRB member voted against the variance because of a concern that the sign was too large and could conform to the size requirement. -2- Staff Recommendation: Approve the sign variance request. 10:45 10. Appointment of Design Review Board Member Action Requested of Council: Appoint one member to the DRB. Background Rationale: Roy Sante's and Patricia Herrington's terms on the DRB expired 2/1/90. One position was filled by the reappointment of Patricia Herrington. The other position is still vacant. George King, Carolyn "Jake" Edrington, Don H. Galagan, and George S. Lamb are applying for the position. The term is for two years ending February, 1992. 10:55 CITIZEN PARTICIPATION 11:05 11. Adjournment -3- ORDINANCE N0. 7 Series of 1990 AN ORDINANCE INCREASING THE COMPENSATION FOR FUTURE MAYORS AND MEMBERS OF THE TOWN COUNCIL OF THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 3.8 of the Charter of the Town of Vail, Colorado provides that members of the Council and Mayor shall receive such compensation as the Council shall prescribe by ordinance, provided, however, that they shall neither increase nor decrease the compensation during any member during his term of office; and WHEREAS, the Town Councilmembers and the Mayor are required to devote extensive time to their public duties; and WHEREAS, the Town Council wishes to encourage people to run for the office of Town Councilmember and is of the belief that an increase in the compensation for Town Councilmembers will encourage a more diverse group of citizens to run for that office. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: 1. Town Councilmembers' compensation shall be increased as follows: A. All Councilmembers shall receive a base compensation of two hundred dollars ($200) per month. B. In addition to the base compensation, all Councilmembers shall be entitled to a fee of fifty dollars ($50) for each regular meeting or work session attended, but in no event to exceed a total of three thousand eight hundred dollars ($3,800) per annum. 2. The Mayor shall be compensated as follows: A. The Mayor shall be entitled to a base compensation of six hundred dollars ($600) per month. B. In addition to the base compensation, the Mayor shall be entitled to additional compensation in the amount of sixty dollars ($60) for each regular meeting or work session attended, but in no event to exceed a total of four thousand five hundred sixty dollars ($4,560) per annum. 3. The pay increase provided for in this ordinance shall not be effective for the Mayor or any Councilmember during his present term of office. 4. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 6. 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. 7. A11 bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 6th day of March , 1990, and a public hearing shall be held on this Ordinance on the 6th day of March 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of ATTEST: Pamela A. Brandmeyer, Town Clerk March 1990. Kent R. Rose, Mayor INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of ATTEST: Pamela A. Brandmeyer, Town Clerk . 1990. Kent R. Rose, Mayor -2- TO: Planning and Environmental Commission FROM: Department of Community Development DATE: February 12, 1990 RE: A Request for an Amendment to SDD #23 (The Vail National Bank Building). Applicant: Vail National Bank Corporation I. DESCRIPTION OF PROPOSED RE UQ_EST This property was rezoned to a Special Development District in May of 1989. This rezoning permitted an addition to the existing building of approximately 1,800 square feet, which has been completed. In September of 1989, a minor amendment to the SDD was~ap~roved to allow for an addition of 213 square feet to the third floor. This space is to be created by converting an existing common corridor into office space. To date, this construction has not been done. The application before the Planning Commission involves two elements: 1. An amendment to the approved development plan to allow for the enclosure of two decks on the third floor of the structure. This will add 1,276 square feet of office space to the building, resulting in a total amount of 23,245 square feet. 2. An amendment to the parking standards of SDD #23 in order to provde parking for this addition within the parking structure at the Vail Valley Medical Center. If approved, this office expansion would be completed some four to six months prior to the completion of the Hospital's parking structure. During this period, the applicant has proposed an interim solution of leasing spaces from the Holiday Inn. The amount of required parking for the proposed addition is five spaces. See attached letters from the Holiday Inn and the VVMC. II. REVIEW CRITERIA FOR THIS PROPOSAL This proposal constitutes a major amendment to the existing SDD. In this case, the Planning Commission's action is advisory, and final decisions are made by the Town Council. The criteria to be used in evaluating this proposal are the nine design criteria of the SDD section of the zoning code. These design criteria address a variety of issues, including design compatibility, uses, parking, compliance with the Vail Comprehensive Plan, site planning, etc. As with all SDD's, the specific development standards on this property are established by the approved development plan and the ordinance approved by the Council. It is the burden of the applicant to demonstrate that their proposed development plan complies with each of the nine design criteria, or demonstrate that they are not applicable, or that a practical solution consistent with the public interest has been achieved. III. STAFF RESPONSE TO PROPOSED DEVELOPMENT This project must be reviewed as a whole, however, it is worthwhile to consider the two major elements separately. The proposed addition of 1,276 square feet of office space is consistent with each of the relevant design criteria. The design is compatible with the existing structure, the scale and bulk of tfie building is not appreciably increased, uses are consistent with existing uses, and site planning and landscaping are unchanged. This addition constitutes a very minor change to the existing development on the lot. However, the parking solution proposed is not acceptable to the staff. Our difficulty with this proposal is based on Design Criteria C., which states: 18.4^.^RO C. Compliance with parking and loading requirement as outlined in Chapter 18.52. ~::is criteria references the parking section of the zoning code as a basis for evaluating development proposals. The parking section of the code states that all required parking should be located on-site. The Town Council can grant exceptions and allow off site parking if certain criteria are met. In addition, it should be understood that the design criteria can be waived if "a practical solution consistent with the public interest has been achieved". There is a specific process outlined in the code for leasing parking spaces. This proposal is inconsistent with this process. However, because this property is an SDD, the proponent can establish its own standards for parking. This means that the applicant is within its rights to request approval of the parking solution as proposed. The staff is conceptually amenable to the bank locating five spaces within the Medical Center's parking structure. This appears to be a workable situation considering the proximity of these two sites and the relatively small number of parking spaces involved. However, as proposed, the parking solution is not a practical one, and it is not consistent with the intent of the parking regulations. The following reasons outline the staff's primary concern with this proposal: 1. At the present time, the parking structure approved for the Medical Center is designed to meet the needs of the Center and the Doubletree Hotel. The structure is not designed with excess capacity. Approval would have to be obtained from the Town to modify the development plan add more parking to this site. This approval has not been obtained. 2. The parking is not in place at this time. The staff has serious concerns about approving this proposal dependent upon parking that is not in existence today. 3. The development of the parking structure is totally dependent upon the performance of an adjacent property owner. The Bank has no control over the completion of these spaces. It is irresponsible to grant. a development approval to one property owner, whd then must rely on the performance of an adjacent property owner in order to satisfy their parking commitments. 4. It has not been established that the Holiday Inn has an excess number of spaces to lease to the Bank. With the development of the structure out of the Bank's control, the Holiday Inn solution must be considered a permanent one in the event the completion of the Medical Center parking structure is delayed. While it may be unlikely that problems will develop with completing the structure, it is not the Town's responsibility to speculate, or accept the risk that everything will go smoothly. The worst case situation is such that the Bank must rely on alternative locations for the parking, and the obvious question becomes whether the Holiday Inn has the ability to provide this parking. No documentation of the utilization of the Holiday Inn's lot has been submitted as a part of this application. 5. The approval of this proposal could serve to establish a dangerous precedent for future development proposals. Simply stated, the applicant is asking for approval of a development that is dependent upon the performance of an adjacent owner in order to satisfy the parking requirements. From the standpoint of the Town and the community at large, there is little or nothing to gain by granting this approval now. While an approval for the applicant will allow them a more convenient construction schedule, the Town will be accepting the risk that the parking structure at the Medical Center may or may not be completed in a timely manner. ti IV. STAFF RECOMMENDATION The Staff cannot support this application at this time. In concept, it appears reasonable for five of the Bank's parking spaces to be provided in the Center's structure. However, it is fundamentally bad planning to approve this application without the parking in place. The appropriate time to review this proposal is after the Medical Center's parking structure has been completed. The staff position on this application raises the question of how this proposal differs from approvals received by the Hospital over this past year. As the Planning Commission may recall, the Hospital received approval to construct an addition to its building prior to the construction of the parking structure. There are a number of differences that distinguish this proposal from the hospital project. First and foremost, the construction of the Hospital parking is under the control of the Hospital. We are dealing with one project and one owner. With this proposal, the Bank has no authority or control over the completion of the parking. Secondly, to require simultaneous construction of the parking structure and the hospital addition would have caused severe impacts on the Doubletree Hotel during the winter seascn. Thirdly, the development of both facilities would have compounded difficulties of staging construction and eliminated even more available on-site parking during the construction period. Finally, the Hospital has completed the relocation of utilities to allow for the construction of the structure this spring. While this point could be used to argue that the Hospital is totally committed to the completion of the structure, it must be reiterated that the Hospital is the party responsible for this project. The Bank has no control over the completion of the parking. Once construction of the parking structure begins, the risk to the Town that the project will not be completed may in fact be quite low. Nonetheless, the staff can see no reason why the Town should accept any risk to accommodate this development plan. There is nothing to gain by approving this project now and hoping that everything works out. In addition, this entire proposal assumes the Hospital's proposal to enlarge the approved design is acceptable. The Staff and Planning Commission are not in a position to make this assumption at this time. The Colorado Division of Highways will also have to approve changes to existing designs . .. The opportunity to provide parking off-site is not a right, but rather should be seen as a privilege. Until the parking is in place, it is irresponsible to consider approval of this request. 'r ._, , . ~. ~~~ ~~ ~- ~: 12 January 1990,. . ...,- ~j, :4~. Kristen,~~Pritz ' Senior Planner '{~~ L~ may. Town of Yai1 = Comnti 75 5. Frontage~Road Vail, Colorado 81657 Dear Kristen: e ~r •,a~.- ~ ,: F _ • s.~y i~ity Development ~ ~~ T~%.~~lfv _ cT t ~±/~~ .,. r= The owners of the Vail National Bank Building (VNB Building Corporation) have a written option to purchase an exclusive, irrevocable license to use as many as twelve parking spaces in the hospital's proposed parking structure. ShortlX after working drawings are completed next month, the hospital will provide the VNB with an estimate of construction costs. The YNB will then have seven (7) business days to exercise its option. The parking structure presently approved by the PEC has only enough spaces to serve the hospital's current needs. Needless to say, the VNB's option is contigent upon the hospital securing the approvals needed to construct an additional level of below-grade structure. cerely, Dan F eney P OF/bh cc: Ray McMahan Ray McMahan Administrator ~~~~~ ~ '~C~ ~'~,V` ail January 31, 1990 .., Sidney Schultz-Architect, Inc. 141 East Meadow Drive Vail, CO 81657 Dear Mr. Schultz: , By your letter, it appears to me that you need parking spaces on a contract basis so that you can always count them as part of your building, not just a temporary thing. IInder those conditions, it would have to be a lease on a year round basis. You would be responsible for putting up the signs showing it as Vail National Bank Building employees' parking. Also, if we decide to add rooms to our property, we would have to go underground at least two levels. That would give us parking for at least the 102 spaces we now hold. By having two levels, we should be able to get 150 or 160 spaces so that we could 's till hold the spaces you are requesting. Z imagine t ~t the ~ ce for this would be $800 a year per spacer :.~ '.~ .%' ~ Sincerel yours,; ~~ .~ _ ~~ _ _ har ez~ira, ~ II General~Manager .. .as 13 Vail Foad • Vail, Cciorado 81657 • Phone Vail 303/x76-5631 • Cenver 573-9006 Ownao antl OpenICO by OAD Irwesmc+ns Ine. Unoor Ucans• han HOUWY INNS, INC. .. ~.. ,Y . ~i~ : ~ SIDNEY _ '.:.. :. .... _ SCHULTZ A(~CHITECT ANC. .. 141 EAST MEADOW DRNE - -- ... ~ . . VA-L, COLORAO 81657 ~ ~ ~ ~ - ' ' ~ 303/476-7890 ~ . February 7, 1990 _ ~ -' • ~ ~ - - - Ms . Tristan -Pritz ` ~- -~ - . - . - - Town of Vail ` ' - ~~ -~- ~.- - •. .. _ . Office of Community~Development _; . Vail, .Colorado .81657E . _ ~_ _` •~ re: Vail National Bank Building-temporary parking variance ~ :~ Dear Bristan,- This letter is to follow-up my application for a temporary parking variance for the ,proposed deck enclosures at the Vail National Bank Building. Between the time our construction is completed and permanent parking is provided at the new hospital structure, we propose to provide parking on the Holiday Inn site. The Holiday Inn is within three-hundred feet of the Vail National Bank Building property. As the attached letter from Charles Pereira confirms, this parking may be on a long-term basis. ,• If you have any further questions regarding this matter pease give me a call. S' / rely, / ../ • Sidney chultz ',... .- ' cc: Paul Powers _ . Jay Peterson ~ ~ ~~• _ Gail Lowenthal ~ ~ -.~ .. .. ~ _ . nn~nnee~. n+~ Ann~cwuvsmrr~ of ~.,~ Jn\ t,` ~ =s TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 26, 1990 RE: A request for an amendment to Special Development District 23 to allow for an office expansion, to the Vail National Bank Building at 108 South Frontage Road West. Applicant: Vail National Bank Bldg. Corp. The following information is in response to Planning Commission questions following the February 13 review of proposed amendments to the Vail National Bank Bldg. SDD: 1. Proposed conditions of approval. The attached memorandum to Tom Braun from Jay Peterson outlines the applicants suggested conditions of approval for this application. 2. The Vail Valley Medial Center parking structure. Application was made for a conditional use permit to increase the size of the Medical Centers's approved parking structure. This application will be reviewed by the Planning Commission of March 26, 1990. 3. The Bank Building/VVMC agreement. Attached you will find a copy of the agreement between the hospital and the bank building pertaining to the purchase and use parking spaces within the hospital's new parking structure. 4. Parkinct requirements. After consultation with Larry Eskwith, it is his opinion that the parking requirements imposed on the bank building must be based on the parking standards outlines in the zoning code. The SDD criteria pertaining to parking specifically references the parking standards. This implies that the standards establish the maximum parking to be required with a development. STAFF RECOMMENDATION The staff's position regarding this proposal has remained unchanged. While in concept, the staff agrees that parking in the hospital structure can provide a workable solution to meet the bank's parking demand. However, it is inappropriate to authorize additional development approvals to adjacent property owners without the hospital's parking structure being in place. FREDERICK 5. OTTO JAY K. PETERSON WILLIAM J. POST W ENO ELL 8. PO RTER FIELO,JR, OTTO, PETE$SON ~C POST eTroax>:~rs er i.ew POST OFFICE BOX 3149 veu„ COLOHeDO 81658-314 9 MEMORANDUM T0: TOM BRAUN FROM: JAY K. PETERSON DATE: FEBRUARY 22, 1990 RE: VAIL NATIONAL BANK BUILDING VAIL NATIONAL BANK BUILDING (303) x76-0092 FAX LINE (303) a79-OaB7 Approval to be subject to the following conditions: 1. That Vail Valley Medical Center (VVMC) submit an application for modification to its Conditional Use Permit allowing an additional two half levels of parking. 2. That VVMC submit plans showing such two half levels of parking. 3. That Vail National Bank Building exercise its option to purchase cr use in perpetuity the number of spaces from VVMC necessary to conform to zoning for its addition. 4. That VVMC receive all approvals from the Town of Vail necessary to receive a building permit to construct such additional levels of parking and that VVMC apply for and receive such building permit. 5. That Vail National Bank Building shall not occupy the expanded premises unless VVMC has commenced construction and has continued construction on its parking structure. 6. That Vail National Bank Building agrees to move out of the expanded premises if they cannot occupy the parking spaces at VVMC on or before December 1, 1990. 7. That Vail National Bank Building provide a letter from Holiday Inn or a suitable substitute allowing the use of four parking spaces from .the date of occupancy of the expanded premises to December 1, 1990. 8. That the above conditions be satisfied prior to the issuance of a building permit to Vail National Bank Building. - 'fir 1'IIIS AGREEMENT is dated as of May 22, 1989 by and between VNB Building Corp., a Nevada corporation (VNB) and Vail Clinic, Inc. d/b/a Vail Valley Medical Center (Hospital). ' RECITALS a. Hospital is engaged, in a tax-exempt borrowing to finance, in part, the cost of construction of a parking structure (hereinafter "Parking Structure") to be located generally at the east end of Hospital's existing property and on an easement to be granted to the Hospital by Vail Holdings, a South Carolina general partnership. The legal description of the real property which is subject to the easement and is owned by Vail Holdings is referred to as the "Vail Holdings Property" and is described in Exhibit A. The property owned by Hospital (the "Hospital Property") is described in Exhibit B. b. VNB wishes to purchase an exclusive, irrevocable license to use parking spaces in the ParY.ing Structure, subject to the terms and conditions herein. c. The parties wish to cooperate regarding the provision of access to the Parking Structure and the reconfiguration of the access to the VNB site from South Frontage Road, Vail, Colorado. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree: 1. Construction of Parkincr Structure. Except as provided below, Hospital will construct, at its expense, the Parking Structure, in substantial accordance with the plans and specifications whic}~ have been previously delivered to VNB. Nothing in this Agreement is intended to provide VNB a right to oversee, approve, or veto any aspect of the construction of the Parking Structure, and VVMC may alter the plans and specifications as it deems necessary or proper. 2. Relocation of Access. a. VNB will relocate, design and build the westernmost access to its present site (the "VNB Property") from South Frontage Road as shown on Exhibit C attached hereto and incorporated herein by this reference, but will only be obligated to pay for any such design and construction within the cross- hatched lines on Exhibit C. Tlie parties agree that a purpose of the design atu: reconfiguration of VNB's westernmost access is to facilitate access to the Parking Structure and the Hospital property from South Frontage Road. b. point generally entrance. c. costs required t hatched lines on VNB will move its existing eastern access to a opposite the easternmost public post office VNB will construct and pay for all work or other o have the improvements shown within the cross- Exhibit C conform to Exhibit C. ' 3. 0 'o Hospital hereby grants to VNB an option to purchase an exclusive, irrPVOCable license to use twelve (12) parking spaces ("the Additional Parking Spaces") to be located in the Parking Structure on the terms specified .herein. 4. Exercise of Option. a. VNB may exercise its option as follows: during the bidding or negotiation stage of Hospital's construction of the Parking Structure, Hospital, through its general contractor, will provide to VNB in writing its statement of the Cost of the Additional Parking Spaces. Within seven (7j~business days after such notice, VNB shall notify Hospital if it wishes to exercise its option. b. The "Cost of the Additional Parking Spaces", for purposes of this Agreement, shall be based upon the cost of "adding on" twelve parking spaces to the cost of construction of Jospital's Parking Structure. The Cost of the Additional Parking Spaces shall be the difference between the contractor's estimate to build the Parking Structure and the same contractor's estimate to build the Parking Structure enlarged to include twelve spaces for VNB. Such estimates shall include the actual hard construction costs, plus the proportion of building permit fees due to the additional construct-ion, the proportion of the architect's fee attributable to additional construction (7.5~ of hard construction costs) and the proportion of the contractor's performance and payment bond premium attributable to the additional construction of the optioned parking spaces, but shall not include any costs for ventilation or sprinklers for the Parking Structure. c. VNI3 will exercise its option by (i) delivering to Hospital written notice thereof within seven (7) business days following the presentation of the statement of the Cost of the Additional Parking Spaces by Hospital as provided above, and (ii) delivering to Hospital an irrevocable letter of credit drawn upon a national bank, in favor of the Hospital, in an amount equal to the Cost of the Additional Parking Spaces. The letter of credit shall be payable upon VNB's failure or refusal to pay the Cost of the additional spaces within three (3) business days following the "Pay Date", as defined in paragraph. 5, below. vNB's exercise of its option shall constitute a binding and irrevocable commitment to pay the Cost of the Additional Parking Spaces as provided in this Agreement. After receiving notice of the exercise of VWB's 2 option, Hospital will construct the ~~dditional Parking Spaces btti~ will not charge VNB more than the Cnst of the Additional Parking Spaces as defined above and presented to VNB prior to its exercise of its option. Failure to exercise the option in strict accordance with the provisions of the paragraph 4 shall result in a lapse of VNB's option under this Agreement. 5. Payment. VNB shall pay to Hospital the Cost of the Additional Parking spaces upon demand for payment by the Hospital after completion of the Parking Structure (the "Pay Date"). Hospital may demand payment under this paragraph upon the completion of the following: a) completion of the Parking Structure; b) delivery to VNB of a valid certificate of insurance coverage pursuant to paragraph 7; and c) delivery to VNB of a final Certificate of Occupancy for the Parking Structure. 6. Grant of License. Upon completion of the Parking Structure and full payment by VNB of the Cost of the Additional Parking Spaces, Hospital shall be deemed to have granted to VNB an exclusive, irrevocable license to use the twelve additional spaces described herein which license shall be a permitted encumbrance to the l ien created by the Mortgage and Loan Agreement of June 1, 19 L~ 9 by and between the Hospital and Colorado Health Facilities Authority. Such license shall be perpetual, subject, however, to all conditions set forth herein. ?. Use and Location of Parkins Spaces. a. The parking spaces subject to VNB's license shall be located in such part of the Parking Structure as Hospital and VNB mutually agree. Hospital and VNB shall jointly determine the location of the spaces at or prior to the time of VNB's exercise of its option in paragraph 4. If the parties are unable to agree on the precise location of the parking spaces, and VNB has exercised its option, VNB shall be assigned and it shall be licensed to use twelve spaces which are closest to the existi~:g VNII parking spaces on the VNB property at the southeast corner of the Parking Structure and located on parking deck half level 4. The parking spaces so located and subject to VNB's license shall be identified by signs. VNB shall place and pay all costs of striping and parking identification signage for its twelve spaces. The quantity, size, color, design and placement of such signage shall be subject to the prior approval of the Hospital. b. The parking spaces shall be used only for the parking of automobiles, motorcycles, light trucks or vans, and shall not be used for storage or for the parking of large trucks, buses, limousines, boats, trailers, recreational vehicles, or any other oversized vehicle. c. VNB shall be solely responsible for the designation or authorization of all persons including employees, 3 tenants and customers of VNB who may ~~se the parking spaces.. Under rio circumstances shall such persons f•= considered invitees, express or implied, of the Hospital. d. VNB shall pay to Hospital, upon presentation of a statement therefore, its pro rata share of Hospital's costs of cleaning and snow removal for the Parking Structure. Such pro rata share shall be based upon the proportion of twelve parking spaces to the total number of spaces in the Parking Structure from times to time. Hospital shall pay all other costs of operation, maintenance, snow removal and utilities for the Parking Structure. Hospital shall maintain appropriate property casualty and general liability insurance coverage on the Parking Structure. VNB shall be named as an additional insured on such policy or policies as its interest may appear. VNB shall maintain appropriate property, casualty and general liability insurance coverage with respect to its property and operations. e. If the parking structure is destroyed for any reason to such are extent as to riot allow the use of the specific parking spaces licensed by VttB as provided in this Agreement, hospital shall elect one of the following three options: (i) Hospital may commence rebuilding or restoration of the use of the Farking Structure and VP1B's spaces within a reasonable time after the loss of use; or (ii) I~o:-pital may relocate VNB's licensed - parking spaces to another location within the ParY.ing Structure; or to another location on any ether hospital property located at 181 West Meadow Drive, Vail, Colorado which is not subject to a right of reverter, a~ described in paragraph 10; or (ii3.) Hospik~l may parr to VNA an amount equal to the pro rata unused portion of the Recapture Feriod of the license (as defined below i.n ~~aragraph 10) times the Comet of the Additional Parking Spaces paid by VNB. Upon payrient of such amount, VNB's license shall terminate and be extinguished. f. Hospital may voluntarily demolish or raze the Parking Structure. In the event ~iospital chooses to do so, it shall elect either the option described in subparagraph 7(A)(.i.i) or subparagraph 7(e)(iii), above with respect to VNB's licensed spaces. 8. VNB's Rezonincr and Access RePermit. a. VNB shall pursue with all deliberate speed the approval of its present proposed rezoning with the Town of Vail. Upon signature of this Agreement by VNB, VNB shall promptly apply for an access repermit end/or execute all other documents necessary to secure the approval of the State Highway Department, the Town 4 of Vail, or any other jurisdiction having authority over the redesign, relocation or construction of the access to South Frontage Road by the Hospital f~ 'm the Parking Structure as contemplated in Exhibit C. b. This Agreement shall be null and void if the Colorado State Highway Department or any other body with jurisdiction over the access repermit, fails to approve and to issue an access repermit by August 1, 1989, without further liability to either party. 9. Vafl Holdings. a. If required by Vail Holdings, VIdB's license shall not extend to parking spaces located on the Vail Holdings Property. This Agreement and any license granted pursuant to this Agreement, are subject to and expressly conditioned upon the existence of a valid easement to be granted by Vail holdings to the Hospital to enable the Hospital to construct the Parking Structure and access ramps, and Hospital makes no representaticros or warranties with respect to the such easement. hospital s2~a11 have no obligation to perform any provision of this Agreement if the easement from Vail Holdings is not granted by September 1, 1989. b. Upon execution of this Agreement by the parties, VNB will release the access r.epermit application described in paragraph 8(a). If Vail Holdings has not executed an agreement with Hospital by June 10, 19x9, which agreement requires Vail Holdings to grant to Hospital an easement on the Vail Holdings Property, VNB may withdraw its access repermit application. 10. Ackncwledaement of Reverter a. VNI3 acknowledges that the real property upon which hospital is located and upon which a portion of the Parking Structure is to be located is subject to a forfeiture or reverter clause contained in a deed from Vail Associates, Tnc. to Vail Clinic, Inc.,. recorded December 2, 1977 in Hook 263, Page 2~3 in the records of the Clerk and Recorder of Eagle County, Colorado. VNB's license to parking spaces is subject to such right of reverter. b. If the real property upon which the Paz'};ing Structure is located reverts bank to Vail Assvci.ates, Znc. or its assigns during the Recapture Period as defined blow,-then Hospital shall pay to VNB an amount equal to the pro rata unused portion of the Recapture Period of the license times the Cost of the Additional Parking Spaces paid by VNB. c. For purposes of this paragraph a, the Recapture Period" shall be a period of thirty (30) years from the date of first occupancy of the Parking Structure. After the 5 expiration of the Recapture Period, iio amount shall be payable by Hospital in the event of a loss or extinguishment of VNB's licensE~ by reverter or otherwise as providf•' above. ~1s an example, assume (1) Cost of Additional Parking Spaces equals $120,000; (2) Recapture Period is 30 years; and (3) due to relocation of Hospital, Hospital's property reverts to Vail Associates 20 years after occupancy of Parking Structure. Hospital would pay to VNB $40,000. (10/30 x $120,000 = $40,000.) 11. pedestrian Access. If a pedestrian bridge or walkway connecting the Hospital's parking structure with VNB's site is required or imposed as a condition of any necessary approval of Hospital's parking structure or VNB's proposed rezoning by the Town of Vail, Hospital agrees to pay the cost of such bridge or walkway. 12. Vail Associates. Inq.! Waiver or Release. Hospital will obtain from Vail Associates, Inc. a document, in recordable form, reasonably satisfactory to VNB, which waives, or releases, its right of reverter only as to the easement conveyed by Vail Clinic, Inc. to Vail Professional Building Group, Ltd., dated 2/19/81; and described on Exhibit D, attached hereto and incorporated herein by reference. 13. Miscellaneous. a. This Agreement is binding upon the heirs, successors and assigns of the parties. b. Time is of the essence of th3.s Agreement. c. This Agreement shall, be governed by the laws of the State of .Colorado. d. Any provision of this Agreement prohibited by the laws of the State of Colorado or the United States of America or held to be invalid by a court of competent jurisdiction shall be ineffective only to the extent of such provision without invalidating the remaining provisions of this Agreement. e. This Agreement constitutes the complete agreement of the parties hereto, and may not be changed or modified except by another agreement in writing executed by both parties. f. This Agreement or document signed by the parties reflecting certain covenants herein or the license contemplated hereby may be recorded in t2ie office of the Eagle County Clerk and Recorder. g. VNB agrees not to oppose any future expansion of Hospital. Hospital agrees not to oppose any future expansion of VNB. 6 h. Any notice require~l to be given hereunder shall be deemed to have been given when may?_ed by certified mail, return receipt requested, postage prepaid, ~idressed as follow, or if hand delivered to the person(s) and addic.~sses below: If Hospital: Vail valley Medical Center 181 t•7est Meadow Drive Vail, Colorado 81657 • Attn: Administrator If to VNB: VNF3 Building Corporation c/o Hanover Realty Corporation 650 South Cherry Street Sui+~e 1025 Denver, Colorado 80227. or to such other address or person(s) as ttie parties may d~.~tii~nate in writing. GNP'. ,Pailding C corporation r Dyt, a Nevada _~-- STATE OF COLORADO ) ss. COUNTY OF Denver ) Attest:, `~ ~~L•,t, Secretary The foregoing waa subscribed and sworn to before me by.. Paul W. Powers, Vice President, VN13 Building Corp. on this 24th day of aY , 1989. My commission expires: t•.. ~-- -- -, f••- --~ J-,u~ry 3 133J (SEAL) Notary Public VAIL CLINIC, INC. d/b/a VAIL VALLEY MEllICAL CENTER 7 ,j ., . - ~~. , Harold W. Koonce Proaidont Board of Directors Attests Secretary STATE OF COLORADO ) ~ s t~ . COUNTY OF The tor~going was subscribed and sWOrn to before me by on this day f •_U G...., , 1989. My commission expfres: Q.. ~ ~~,L . i ~. Notary Public ~~ (SEAL) . ~~~ 8 LEGAL DESCRIPTION Vail/Lionshead Second Filing, according to the That Part of Lot 2. Block 1. ffice of Lhe Eagle " map thereof recorded in OOOe order ade~cribed aslfolla+s: ~ County, Colorado, Clerk and R innin at the southeasterly ,corner of said Lot 2~ trance, along the Hag' g rtin said daps 9 ce th , en southerly line of said Lot 2, N79'41'13"41 190.15 feet= N04'10.00"E 47.00 feett thence eautherly line, N49'10'00"E 32.29 feed thence rtheasterly line of paid Lot 2t thence the S85'S0'00"E 66.27 feet to the no aid northeasterly line: (1) S38°35'31"E 21.29 follo++ing two courses along s curve to tre left,.haying a radius of f a feett (2) 103.33 feet along the nre o and a c'~ord that bears S54°05'06"E 12°35'53" , 469.30 feet, a central angle of • X47"W 20.42 sterly line of said Lot ?ipS~Q••~~~ ~ ass. 103.12 fe9tt thence, along the ea ~~' ~, ntaining 9910 square ;` ~ ~~, feet to tale point c: beginning. co 6~,0~ _T__..--_ rate : S' ~Z- ~ ,. ~ , -- ~/ %l ~ ~~~~~j. . ~;~. fl~(~ Danaie Corc Colczado P. lIX7~G/ I +' P .`. R ~,O ~• ~=12° 35~ 53~~ R,= 469.30 L•= 103.33 Ch= S 5a°05~OS~~E 103.12 a W ~- ~- ZZ WW ~ U W .J ~ ~ Q W U LU ~ ~ ~ '-- All of Lot E and Lot F, Amended Hap of Sheet 1 cr 2 of VAIL VILLAGE, SECOND FILING, according to the map therAof recorded in the office of Eagle County, Colorado, Clerk and Recorder ~ ~ ~~ ~~~ EXHIBIT "C" ~.. ~~ ., sow -_ ---~------- ~• ~ -~. NTgCE R~ ~ ~. -- - - - - - _ -- c~rrn 1 i ' ~~ ,~ ORDINANCE NO. 9 Series of 1990 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 23, THE VAIL NATIONAL BANK BUILDING, AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, application has been made to amend Special Development District No. 23, commonly referred to The Vail National Bank Building; and WHEREAS,. in accordance with section 18.66.140 the Planning and Environmental Commission held a public hearing on the proposed amendments and has submitted a recommendation to approve said amendments to the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all other requirements of the Municipal Code of the Town relating to zoning amendments have been fully satisfied. Section 2. The Town Council finds that the procedures set forth for amendments to Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 3. Section 4 of Ordinance No. 9, Series of 1989 is hereby amended with the addition of subparagraph 3 to read as follows: The development plan is comprised of those plans submitted by Sidney Schultz- Architect AIA, and consists of the following documents: 1. Architectural Plans designated as Sheet Al through A5, dated April 10, 1989. 2. Landscape Plan drawn by Dennis Anderson Associates, Inc., dated April 10, 1989, revised May 12, 1989. 3. Architectural Plans designated as Sheet B1 through B2, dated December 26, 1989. Section 4. Section 5, Paragraph E. of Ordinance NO. 9, Series of 1989 is hereby amended to read as follows: E. Parking Parking demands of this development shall be met in accordance with the off-street parking requirements for specified uses as stated in Section 18.52 of the Vail Municipal Code. Five parking spaces required by this development shall be provided in the Vail Valley Medical Center parking structure. Section 5. Section 6 of Ordinance No. 9, Series of 1989 is hereby amended by the addition of subparagraphs 5 - 12 to read as follows: 1. The owners receive a Colorado Department of Highways approval for their access permit request before a building permit is released for the proposed bank expansion. 2. The uses allowed under Special Development District No. 23 with the underlying Commercial Service Center zoning shall be limited to: A. Professional offices, business offices, and studios. B. Banks and financial institutions. C. Business and office services. D. Travel agencies. E. Additional offices, businesses, or services determined to be similar to permitted uses. Retail businesses are specifically not allowed as a use with Special Development District 23. 3. Any landscaping that dies within 2 years 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 diameter of 8 to 12 inches shall replace the existing trees. The height of the new trees shall be a minimum of 25 feet. 4. If the loading zone is relocated in the future, the new location shall be approved by the Planning and Environmental Commission and Town Council using the major amendment to a Special Development District review process. 5. The Vail Valley Medical Center (VVMC) shall submit an application for modification to its conditional use permit allowing an additional 2-1/2 levels of parking. 6. The VVMC submit plans showing such 2-1/2 levels of parking. 7. The Vail National Bank Building exercise its option to purchase or use in perpetuity the number of spaces from VVMC necessary to conform to zoning requirements for the addition approved by this ordinance. The Town Attorney shall review the purchase or use agreement in order to assure that the agreement will satisfy the parking requirements of the Vail National Bank Building. 8. The VVMC receive all approvals from the Town of Vail necessary to receive a building permit to construct such additional levels of parking and that VVMC apply for and receive such permit. 9. The Vail National Bank Building shall not occupy the expanded premises as shown on architectural plans B-1 and B-2 unless VVMC has commenced construction and has continued construction on its parking structure. 10. The Vail National Bank Building agrees to move out of the expanded premises if they can not occupy the parking spaces at VVMC on or before December 1st, 1990. 11. The Vail National Building provide a letter from the Holiday Inn or a suitable substitute allowing the use of five parking spaces from the date of occupancy of the expanded premises to December 1, 1990. The lease of these five spaces shall conform with section 18.52.170 of the Municipal Code. 12. The above conditions be satisfied prior to the issuance of a building permit to The Vail National Bank Building. Section 6. If any part, section, subsection, sentence, clause of 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 by declared invalid. Section 7. 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 inhabitants thereof. Section 8. The repel or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. this repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1990, and a public hearing shall be held on this ordinance on the day of , 1990 at 7:30 p.m. in the Council Chamber of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND. APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk TO: FROM: DATE: RE: Planning and Environmental Commission Community Development Department February 26, 1990 A request to amend Special Development District #4, Area D, Glen Lyon Office Site to allow for changes in the design of the micro-brewery building and parking plan. Applicant: Glen Lyon Office Building, Inc. - A Colorado Partnership I. BACKGROUND ON THE PROPOSAL In January, 1989 the Town approved a major amendment to Special Development District #4 which includes both the Glen Lyon Office site as well as all of Cascade Village. The amendments on Area D - the Glen Lyon Office site allowed for: A. A brewery addition having approximately 17,600 sq. ft. of gross floor area: The approved building would connect to the west end of the existing Glen Lyon Office Building. The addition would be approximately three stories high and include a brewing area, pub, beer hall, retail/museum, and brewery office. Anew deck would extend down to the bike path adjacent to the creek. B. Expansion to the existing Glen Lyon Office Building: An additional 2,400 sq. ft. of office space would be added to the existing Glen Lyon Office Building. The new office area would infill above the second floor of the Glen Lyon Office Building. C. Parking Structure: A two level parking structure having 100 spaces was proposed to be built directly to the east of the Glen Lyon Office Building. The vehicular access to the property would be moved further to the east according to the Arterial Business Zone District Circulation and Access Plan. Deceleration lanes would be constructed on the South Frontage Road. D. East Building: Two alternative development scenarios were proposed for this building. Scenario One provided for two employee dwelling units having a total GRFA of 1,695 sq.ft. plus a free market dwelling unit having a GRFA of 1,630 sq.ft. In addition, office space was included within this scenario (2,400 sq.ft.). Scenario Two called for only office having a square footage of 5,725 sq. ft. Surface parking would be provided adjacent to the building. E. Site Improvements: The developer agreed to include the following site improvements into the project: 1. Bike Path - The existing bike path will be moved further to the west in order to decrease the steepness of the path. The relocated path also allows more open space between the bike path and the brewery addition. 2. Bus Shelter - The developer has proposed to build a new bus drop-off in front of the brewery building. The Town of Vail will provide bus service for the drop-off. The developer is responsible for maintaining the drop-off. 3. Undergrounding of Utilities - The developer was required to underground the Holy Cross electrical lines that extend along the north side of the property adjacent to the South Frontage Road. In August of 1989, the developer requested a minor amendment to the development plan to allow an increase in office space of 400 sq.ft. to the Glen Lyon Office building. This results in a total office expansion of 2,800 sq.ft. II. THE REQUEST The developer states that: The commitment of a large area to an industrial use such as bottling, etc., severely limited the projects ability to be financed. In addition, the requirement to construct a parking structure to support an innovative project without an operating history became an insolvable financial obligation. As a result, the brewery building has been redesigned as a smaller, less specialized project. The new design is a two story building with a small sub-basement which totals 8,605 sq.ft. It is designed to permit the Vail Brewery to expand, if appropriate, into the second floor office space. Initially, all of the Vail Brewery's facilities with the exception of its entry reception and loading areas are on the lower floor. (Andy Norris, Glen Lyon Office Building, Inc.) Below is a summary of the proposed changes to the approved development plan: A. Approval of revised building plans for the micro- brewery addition. The plan calls for a more mixed-use approach to the building that will include the brewery as well as office space. This two story building will be constructed directly to the west of the existing office building. These changes include: 1. Office at 3.780 s.f.: Increase of up to 3,080 s.f. over the approved plan. In the phase II development plan, if the brewery operations need to be expanded, 436 s.f. of the adjacent office would convert to a fermentation area. 2. Beer Hall at 1700 s.f.: Decrease of 74 sq.ft. (30 seat decrease). 3. Brew Pub at 1380 s.f.: Decrease by 478 sq.ft. (40 seat decrease). 4. Retail at 885 s.f.: Increase by 439 sq.ft. 5. Reception/Museum at 480 s.f.: Increase by 65 sq.ft. 6. Brew House at 1406 s.f.: Decreased by 5,194 sq.ft. 7. Total commercial and brewery operations gross square footage decreased by 3,308 sq.ft. (Please see the attached chart comparing the approved SDD to the amended plan.) B. Approval of revised parking plan which provides on-site parking spaces. The brewery, beer hall, brew pub, retail, and museum would be closed during normal weekday business hours of 8:00 a.m. to 4:30 p.m. This would allow for shared parking between the office uses and the brewery, dinner theatre and restaurant operations. The 100 space parking structure Nould not be completed until the Brew Pub is opened during the day or the east building is constructed. C. Phasing Plan. Phase I• --Expansion/Renovation of Glen Lyon Office Building. --Expansion of parking lot to 79 spaces and 6 valet spaces on the east end of the surface parking lot. --Relocation of access into the parking lot. --Undergrounding of electric service. Phase II• --Construction end of the Glen --Relocation of --Construction Road --Town of Vail Phase III• of Brewery/Office addition Lyon Office Building bike path of deceleration lanes on S. bus stop added to the west Frontage --Addition of east building and/or Brew Pub operates during the day. --Construction of parking structure (100 car) SCHEDULE: April, 1990 - Start construction of Phase I & Phase II, permits taken out simultaneously. September, 1990 - Completion of Phase I. December, 1990 - Completion of Phase II. April, 1991 - Start construction of Phase III. December, 1991 - Completion of Phase III. D. Employee Housing The developer is prepared to commit to construction of the required employee housing units (2) on Parcel D as a condition of the Phase III building permit. Ten employee housing units shall be located in Cascade Village (Area A) in the Westhaven building. This results in a net increase of 2 employee unit for the SDD. E. An enclosed emergency exit stair will be located on the south side of the Glen Lyon Office Building.. The stair encroaches approximately 7 feet into the 50 foot stream setback. An unenclosed stair may not encroach more than 5 feet into a setback. F. All conditions of approval associated with the existing development plan shall be included in the revised plan. III. COMPARISON OF PROPOSED DEVELOPMENT TO THE ARTERIAL ZONE DISTRICT A. Background on Glen Lyon Property In 1976, Special Development District #4 was established. The Arterial Business Zone District was adopted in March of 1982.. Arterial Business zoning serves as the underlying zone district for the Glen Lyon Office property. Technically, the property is still within Special Development District #4. However, the Arterial Business Zone District (ABD) is used in respect to determining allowable uses and general site development standards. When the Special Development District was originally established, the development plan called for 10,000 square feet of office space. The office building was constructed in 1979-80 with a gross area of approximately 13,000 square feet. In March of 1982, the PEC and Town Council approved an amendment to the SDD which allowed approximately 3,000 square feet of existing storage within the building to be converted to office space. In 1983, a request was also approved by the Planning Commission and Town Council to allow the total gross area of the building to be 25,000 square feet. Of this 25,000 square feet, 18,750 square feet was considered to be net floor area for office. The remainder of the area was devoted to common area such as mechanical, lobby areas, and corridors. The 1983 request also included a change to the front setback. The front setback would be adjusted form 20 feet to 15 feet. The request was approved by the PEC with two conditions. The first was the "the bike path, right turn and left turn lanes shall be provided in accordance with the circulation and access plan for the Arterial Business zone district with the stipulation that the funding be worked out within a period of 60 days after the approval, and that no building permit would be issued until the funding was worked out. " The second condition stated that the applicant "shall agree to sharing in the cost of providing an additional fire hydrant within the vicinity as required by the Vail Fire Department." (PEC Minutes; January 20, 1983) In March of 1986 the developer requested to extend the expired approval for Development Area D. This request was also approved. In April of 1986 the Glen Lyon Office Building partnership requested a minor subdivision of the Glen Lyon Office Building property. The concept was to divide the 1.8 acre site into two parcels so that ownership could be divided prior to construction. The development would be limited to the approved development plan for the parcel This request was also approved by the PEC. However, the minor subdivision plat has not been finalized and recorded with the County by the applicant. B. .Arterial Business Zoning Compared to Proposed SDD The Arterial Business Zoning level of development on the of how the proposal compares ABD district. provides a guide for the site. Below is a summary to the requirements of the ABD District Requirements Proposed SDD 1. SETBACKS' Side: 15 feet if the building is less than 20 feet high; 20 feet if the building is greater than 20 feet high. Rear: 10 feet Side: All of the project meets the 15 foot side setback except. Rear: The dining deck extends up to the property line. project. Front: 15 ft = 420 l.f. 60% 20 ft = 280 l.f. 40% Front' 4 ft. = 3 l.f. for parte- cochere 15 to 20 ft. = remainder of Parking Structure: Parking Structure: No setback for underground The parking structure parking. maintains a 4 ft. front setback and a 10 ft. setback along the south property line. Centerline of Gore Creek: 50 ft stream setback from centerline of Gore Creek Centerline of Gore Creek: The parking structure encroaches 8 ft into the stream setback. 2. HEIGHT' 70% = roof 32 to 40 ft. 51% = roof 32 ft to 40 ft 30% = roof under 32 ft. 49% = roof under 32 ft Minimum roof slope 3 ft. in 12 ft. 3. DENSITY' GRFA = 34,578 s.f. GRFA = 3325 s.f. Maximum of 33 D.U.s 3 units of which 2 are restricted employee units 4. SITE COVERAGE' 60 % of total site area (76,180 s.f.) = 45,658 sq. ft. 15,500 sq ft = buildings 12,600 sq ft = structure 28,100 sq ft total or 37% site coverage .50 Proposed Bldg, 14,486 sf Existing Bldg, 16,800 sf East Bldg, 6,000 sf 5. FLOOR AREA RATIO: Maximum allowed, .75 Total, 37,286 sf 37,286 = .50 76,130 6. PARKING AND LOADING: No loading or parking is Project has loading and allowed in the front setback drop-off areas in the front setback. The parking structure extends into the front f& strea setback. Phase I & II 79 Surface 6 Valet 85 Total 7. LANDSCAPING• 25~ of the total site or 19,032 sq ft C. Summary Phase III l00 Structure 3 Garage 5 Surface 108 Total 60~ approx. (excludes buildings, ramps, drives and structure) The proposed development plan departs form the Arterial Business District standards in respect to setbacks. Staff's opinion is that the setback differences are warranted due to the narrow width of the property, the steep slopes and large evergreens on the south side of the lot, and the constraints of the 50 foot stream centerline setback. The applicant has designed a building that is dramatically below the allowable floor area ratio and site coverage for the property. These encroachments are slight, especially when one also considers that structure parking has been located on the property. The Architects have done an admirable job of fitting the development in a sensitive manner on to the property. IV. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA It shall be burden of the applicant to demonstrate that submittal material in proposed development plan comply with each of the following standards, or to demonstrate that one or more of them are not applicable or that a practical solution consistent with the public interest has been achieved. Rather than go through the review of the entire project, staff will focus comments on the changes requested for the SDD. The primary change relates to the parking proposal and phasing of the project. A. Design compatibility and sensitivitYto_the immediate environment, neighborhood and adiacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The site planning and architecture of the project do not change through the amendment request. B. Uses activity and density which. provide a compatible, efficient and workable relationship with surrounding uses and activity. The project will continue to provide a mix of uses which is workable with the surrounding area. The combination of the brewery, bar and restaurants, office and employee residential uses will serve as a transition zone between Lionshead and Cascade Village. Staff believes that it is very positive that the employee housing will be located in the east building. C. Compliance with parking and loading requirements as outlined in Chapter 18.52. The amendment request calls for an approval of a shared parking plan. 79 spaces will be provided on site along with 6 valet spaces on the east end of the parking lot. Compact car spaces are used to achieve the 79 spaces. TDA Colorado, Inc. has completed a revised parking analysis for the project. The report concludes that 84 spaces are necessary for peak demand with the condition that the 11 assumptions listed in the beginning of the TDA report dated January 16, 1990 are followed. In the event that the brew pub is opened for seating during the day, the report concludes that 95 spaces would be required for the entire project excluding the east building parking requirements. Thus, the 100 space parking structure which would be built at the time the brew pub is opened for day use would be adequate to serve the development. Staff does have concerns about parking once the east building is constructed. The parking requirement for this part of the proposal is 16 spaces. The east building will need to be decreased in size in order to have adequate parking on site. In order to provide for the parking, the office space would need to reduced by 1000 square feet. Three loading spaces are provided. This amount meets the Town of Vail loading requirements. The loading spaces were not counted in the total parking counts. D. Conformity with applicable elements of the Vail Comprehensive Plan Town policies and Urban Design Plans. The following sections of the Town of Vail Land Use Plan relate to this proposal: General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial, and recreational uses to serve both the visitor and the permanent resident. Skier/Tourist Concerns 2.5 The community should improve nonskier recreational options to improve year-round tourist. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs.. 3.5 Entertainment oriented businesses and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, ongoing events and sanctioned "street happening" should be encouraged. E. Identification and mitigation of natural and/or No hazards are present on the Glen Lyon property. The site is affected by the flood plain.. However, development is not proposed in this area. F. Site plan buildinq 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. No major changes are proposed in this area. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. No major changes are proposed in this area. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant has removed surface parking from the public right of way. The parking lot has been pushed to the south to allow for more substantial landscaping along the Frontage Road side of the parking. Two trees are removed to allow for this new configuration. Staff strongly supports the increased landscaping along the Frontage Road. I. Staff supports the phasing plan as long as the office in the east building is decreased by 1000 s.f. to insure that there is adequate parking when all phases of the project are complete. We also believe that the building permits for Phases I & II must be combined to insure that all of the site improvements are constructed before temporary certificate of occupancies are released for either phase. It will be required at the Design Review Board review of this amended plan. that a construction staging proposal be submitted to insure that there will be sufficient parking during construction. IV. V. ENVIRONMENTAL IMPACT REPORT No major changes are proposed. STAFF RECOMMENDATION The staff recommends approval of the proposed amendment to Area D. With the following conditions: 1. All previous conditions of approval for SDD #4, Area D, shall be fulfilled by the owner. These conditions are listed in Section 18.46.210 D, 1 through 9 and Section 18.46.200 Conservation and Pollution Controls of Ordinance 12, 1989. 2. Plans for the Frontage Road improvements shall be submitted by the developer to the Town of Vail engineer for review and approval before a building permit is released for Phase I & Phase II. 3. No valet parking shall be allowed on the west end of the parking lot. 4. The entire office building and brewery building shall be sprinklered and have a fire alarm detection system. Fire Department approval of these two systems shall be required before a building permit is released for Phase I or Phase II. 5. The three dwelling units in the east building shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 6. The developer shall submit a set of amended plans to the Colorado Division of Highways for their review and approval. The project must receive CDOH approval before the project is presented for final approval to the Design Review Board. Particular issues of concern are the brewery parte-cochere and landscaping along the Frontage Road. 7. Phase III shall reduce the maximum office square footage from 2400 S=s.f. to 1400 s.f. to insure adequate on site parking when all phases are built. 8. A construction staging plan shall be presented to DRB for approval. VI STAFF RECOMMENDATIONS TO DRB: 1. Landscaping along the Frontage Road side of the project should be reviewed to insure that adequate screening of the surface parking lot is provided. 2. The brewery building and office building should have the same exterior finish. Presently, the office building has wood siding and the brewery building has a stucco finish. SDD #4, AREA D DEVELOPMENT SQUARE FOOTAGE AND PARKING PER TOWN OF VAIL REQUIREMENTS FEBRUARY 26, 1990 PHASE I & II PHASE III APPROVED PLAN DEVELOPMENT DEVELOPMENT Sq.Ft. / Parking Sq.Ft. / Parking Sq.Ft. / Parking Glen Lyon Office Bldg. (Existing) 10,.150 40.6 10,150 40.6 10,150 40.6 PHASE I Glen Lyon Bldg. - Office 2,800 11.2 2,800 11.2 2,800 11.2 PHASE II Micro-Brewery -Office 700 2.8 3,780 15.1 2,634 10.5 -Reception/ Museum 415 0.0 480 0.0 480 0.0 -Retail 446 1.5 175 .6 885 3.0 -Fermentation/ Brewhouse 6,600 0.0 970 0.0 1,406 0.0 -Beer Hall 1,774 14.7 1,700 18.8* 1,700 18.8* (180 seats) (150 seats) (150 seats) -Brew Pub 1,858 15.5 1,380 10.0* 1,380 10.0* (120 ----- seats) ----------- (80 seats) --------------------- (80 s --------- eats) -------- SUBTOTAL 24,743 86.3 21,435 96.3 21,435 94.1 PHASE III East Building -2 Employee Units 1,695 4.0 0 0.0 1,695 4.0 -1 Dwelling Unit 1,630 2.0 0 0.0 1,630 2.0 -Office 2,400 9.6 --------------------- 0 -------- 0.0 --------- 2,400 ----------- 9.6 ----- SUBTOTAL 3,325 15.6 0 0.0 3,325 15.6 TOTAL COMMERCIAL AND RESIDENTIAL SQUARE FOOTAGE AND PARKING: 41,018 102.0 21,435 96.3 24,760 110.0 *USED HIGHEST PARKING REQ. POSSIBLE BASED ON SEATING PARKING USE CHART Daytime Parking Spaces 102 673 90.5 Evening Parking Spaces 37.72 29.44 37.86 1. 2. All All required parking. retail, beer hall, brew gub and residential required parking. 3. All office required parking. 4. 5. all All retail, office, beer hall, brew pub retail, brewpub and required parking east building required parking. 6. All retail, brewpub, beer hall and residential required parking. ~: ;~~ .~ •' PETER JAMAR ASSOCIATES, INC. P,~.NNING. ~EVELOP!.~ENT f~NALY$IS. Rc~cAACH January 16, 1990 Ms. Kristan Pritz Department of Community Development 75 South Frontage Road West Vail, CO 81657 Dear Kristan: Andy Norris has asked me to review the proposed revisions to the Vail Brewery proposal in relation to the previous plan and to review the impacts of the new project versus the original plan that was approved by the Town of Vail. The impacts related to the previously approved plan for the Brewery are contained in the Environmental Impact Report prepared in August of 1988 and revised Nove*.nber 22, 1988. ., As I understard it the changes proposed relate to a decrease in the number of seats in both the Beer Hall and Brew Pub and a possible slight increase (375 sq. ft.) of the brewery related retail space. The most significant change will be that no bottling or milling of grain will now be done on site. A review of these changes indicates that virtually all aspects of the project such as hydrologic conditions, atmospheric conditions, geologic conditions, biotic conditions, noise impacts, visual conditions, and land use conditions will remain unchanged from those reported in November of 1988. With respect to loading and delivery, the elimination of the bottling operation from the site could be expected to reduce the amount of loading and delivery to the site. The parking conditions at the site will change due to the reduction of seats and the revised operating hours of the Brew - Pub. Please refer to the analysis that TDA has prepared for a discussion of anticipated parking demand revisions due to the new plans. Style 308. Vail NaUOnal Bank Budding 108 South Frontage Aoad west Vail, Colorado 81657 . (303) -176-715a x ~~`-~ ~';`'~'I s. Kristan Pritz M Department of Community Development . January 16, 1990 Page 2 ,, ,' Please 1 me know if you require additional information or have any cis ions . Jamar, AICP PJ:ne ~'DA ~LORADC i1NC Transportatior Consultants January 16, 1990 Mr. Andy Norris Vail Brewery Company 1000 S. Frontage Road W. Suite 200 Vail, CO 81657 RE: Vail Brewery, Parking Analysis Update Dear Andy, As requested, we have reviewed the parking implications of your proposed package of revisions to the Vail Brewery development program. Similar to our_ approach used in the analysis presented in our August 10, 1988 report, we have synthesized a case for parking demand by assessing the number of brewery employees and patrons who would present at peak accumulation, and, the anticipated mode of travel of these persons. This analytic approach is described in detail and presented graphically in our August report. We have used your memorandum of 10/16/89 to Kristan Pritz and our recent conversations for comparing the proposed amended development plan to the currently approved plan. In both the original and the amended cases the design condition will be a high summer day or a late - March (Spring break} day. This represents times of year when Vail Valley visitation is high and patrons will be more inclined to have and use automobiles than would Christmas week and mid-winter patrons. Parking Analysis Considerations Our understanding of the proposed amendment, as it effects persons present at the Brewery during peak accumulation (7:00 pm) is: 1. The Beer Hall will now have 150 seats. The Approved Plan called for 180 seats. 2. The Brew Pub seating (bar and table) will be 80 seats. The Approved Plan shows 120 seats. 1675 Lanmer St. Suite 600 oan~e~, coso2o2 (303) 8257107 3. The Brewery related retail space was going to be 400 square feet in the approved plan. Under the amended plan it will initially be 175 square feet, possibly growing to 775 square feet with expansion. 4. Fermentation will now be on the second floor in the initial project. Hence, there will be no expansion of the Beer Hall into the former first floor fermentation area as construed in the Approved Plan. This means Beer Hall seating will be capped at 150 seats. Mr. Andy Norris January 16, 1990 Page 2 5. There will be no bottling or milling of grain on site. 6. During summer months, when auto use by patrons and employees will be highest, there will be only one dinner seating for the Beer Hall. Hence, there will not be an overlap of first and second dinner seatings as was the case in the Approved Plan analysis. 7. Brew Pub bar seating will be most active immediately after work (or apres ski) and again later in the evening (after normal dining hours) if this becomes a local gathering spot.. 8. It is desired to open the Brew Pub to the public at 4:30 p.m. to attract the after work/ski crowd. Hence, there will be some overlap between office workers and Brewery patrons 9. A future Brewery capacity expansion plan would add 600 square feet of fermentation area at the expense of office space. At the same time, Brewery-related retail space will expand by 600 square feet to 775 square feet. An additional Brewery employee will be added for an overnight brewing shift. 20. The existing 54-space parking lot will be expanded ~0 73 spaces as part of the initial Brewery development project . 11. Parking structure construction is not contemplated until the expanded Brewery seeks to open for food and beverage service prior to 4:30 p.m. on normal work days, i.e. lunch business. When this happens day Brewery parking demand will be totally additive to office parking needs. Parking Demand Assessment With the above conditions as background, we have reassessed Vail Brewery parking needs. Table 1 shows total persons present at peak accumulation for both the initial plan and the expanded Brewery plan would be 213 and 215 persons, respectively. This is 53 fewer than the Approved Plan. Mr. Andy Norris January 16, 1990 Page 3 Table 1 Estimated # of Brewery Employees and Patrons Present During Peak Accumulation, by Area (7:00 PM High Summer Day) Retail Brew Beer Hall Brew Pub Development Scenario Shop House # Seats # Persons # Seats # Persons Total 1. Approved Plan (1/88) # Employees 1 2 - 15 - 6 24 # Patrons 4 - 180 200 120 40 244 Total Persons 5 2 215 46 268 2. Amended Plan, # Employees 1 2 - 13 - 6 22 # Patrons 1 - 150 150 80 40 191 Total Persons 2 2 163 46 213 3. With Brewery expan. # Employees 3 2 - 13 - 6 24 # Patrons 1 - 150 150 80 40 191 Total Persons 4 2 163 46 215 Source: TDA Colorado Inc. estimates based on expected peak summer season visitation and Brewery employment projections. Mr. Andy Norris January 16, 1990 Page 4 Table 2 depicts the number of parked vehicles at peak person accumulation utilizing the anticipated travel modes referenced in our August report. Peak summer day parking demand would be 80 spaces, 8 fewer than the Approved Plan. Most of this change is due to reduced Beer Hall seating and elimination of a second dinner seating. Table 2 Estimated Number of Persons and Vehicles on Site @ Peak Accumulation (7:00 PM) ' Brewery, Development Scenario # Persons (1) # Parked vehicles (2) 1. Approved Plan (1/89) (2) Employees 24 12 Patrons 244 76 Total 268 88 2. Amended Plan, initially Employees 22 14 Patrons 191 65 Total 213 79 3. With Brewery expan. Employees 24 15 Patrons 191 65 Total 215 80 Source: TDA based on estimated hourly accumulation of brewery visitors and employees, by travel mode, August 10, 1988 report. 1. See Table 1 2. See TDA report dated August 10, 1988, Table 2 for factors used in arriving at automobile usage. Mr. Andy Norris January 16, 1990 Page 5 Applying a 95% utilization factor to allow for peaking within the analysis hour, the 80 space demand for the proposed amended plan would suggest a supply of 84 spaces. The proposed amendment shows 73 parking spaces available on-site. Methods of rectifying this apparent eleven-space deficiency are discussed below. Other Parking Considerations Rristan Pritz' letter of November 14, 1989 addresses issues that are discussed in this section. 1. Peak Parking Demand Frequency. Our assessment, suggests peak demand will occur during the summer months when auto use is highest. Our analysis depicts the need for 84 Brewery-related parking spaces during peak summer activity times. It should be noted, this peaking would occur between 7:00 and 8:00 p.m. during busy weekends and summer holidays (4th of July, Labor Day). Review of I- 70 traffic volume variations, and, daily Vail bus ridership figures (both depicted in .the Centennial Engineering EIS repcrt-for the Main Vail interchange) suggests high activity-days could occur 8 to 10 times between the beginning of July and the end of September. In each case the duration of peak Brewery demand would be less than two hours each evening. From this we would anticipate the on-site 73-Space parking supply would be exceeded 15 to 20 hours per year. As a point of reference, ULI (the Urban Land Institute} advocates a parking ratio policy for shopping centers that says parking demand would exceed supply for 20 hours per year. Designing for the busiest hour of the year, ULI argues, is an unrealistic design standard the burdens the community with an unnecessarily large area dedicated to paved parking. We believe appropriate parking management practices could alleviate deficiencies for the 20 or 30 hours per year these surcharge situations could occur. These Lractices could include: A. Patron cars could be valet parked in the Porte Cochere area (4 to 5 cars) and in the aisle of the west end of the surface parking-lot (4 to 6 cars), and/or: Mr. Andy Norris January 16, 1990 Page 6 B. When special events or traditionally high demand days are anticipated, require employees who typically park on-site to either car pool, use public transit, or park off-site on these occasions. If one-half of the employees complied this would free-up 7 parking spaces during the evening peak and thereby relieve the deficiency. 2. Opening the 80-seat Brew Pub at 4:30 p.m.. Opening the Brewery before the end of the office work day will result in some overlap of office parked vehicles and Brewery parked vehicles. The peak situation would probably occur during March when apres ski patrons will be more inclined to have autos than other times.of the year. Again, using the travel mode assignments discussed in our August 1988 report we show the following parking demand for a 4:30 to 5:00 p.m. overlap situation. n in # in # Parked Persons Present Brewery Office Vehicles 1. Off-site patron 65 0 20 2. On-site office 15 45 25 3. Brewery employee 10 5 7 Total 90 50 52 Our assessment shows this early evening situation would use 52 of the 73 available parking spaces. Inherent in this analysis is: A. At full occupancy the 15,320 square feet of office would represent about 76 people (200 square feet per person). By 4:30 in the afternoon about 52 of these (two-thirds) would still be present. This is supported by the actual counts (1) at Glen Lyon and Vail Professional Building Offices during the TOV's parking analysis and survey last year. B. Some of the Brew Pub patrons will be office workers, we assume 15, who will stay for a drink before heading home. Based on the above, we would not see-a parking problem created by opening the Brew Pub at 4:30 p.m.. 1. "Vail Parking field Analysis & Survey", Summary Report RRC/LSC July 27, 1989, p.9. i Mr. Andy Norris January 16, 1990 Page 7 3. Truck Loading and Delivery. We would anticipate two types of delivery and loading: o Brewery supplies and materials delivered and Brewery product transported out, and o Office related deliveries (UPS, Federal Express, etc. ) These latter deliveries are now occurring at the west end of the parking lot. Brewery deliveries and pick-ups will occur at the new South Frontage Road access adjacent to the Porte Cochere. We understand only single unit trucks (no semi-trailers)~will use the loading dock. typically, food and beverage supplies are delivered between 9:00 a.m. and 3:30 p.m.. As long as .brewery deliveries and pick ups do not occur during the peak evening hours, we would not anticipate a parking or traffic problem associated with your planned facility. I trust this adequately addresses parking issues regarding your current development proposal. Sincerely, TDA COLORADO INC. 1 David D. Leahy, P.E. Principal Addendum 2/20 90 As requested, we have reviewed the parking condition that will exist when a proposed 100-space parking structure is constructed on the site and the 80-seat Brew Pub is opened for lunch patrons. At full develo -amt there will be 15, 320 s. f. of office space which will share the use of the parking structure. Assuming 11 Brewery employees on-site over the lunch hour (8 Brew Pub, 2 Brew House, 1 Retail), and using the same travel modes as used in the evening analysis, we estimate a lunch time need for 95 spaces as follows: 11 employees @ 0.625 space/employee = 7 spaces 80 patrons @ 0.34 space/patron = 27 spaces 15.3 ksf office @ 4/1000 s.f. = 61 spaces Total need = 95 spaces Mr. Andy Norris January 16, 1990 Page 8 Since the need (95 spaces) is less than the supply (100 spaces), we believe the 100-space structure will adequately accommodate the typical combined daytime need of the office tenants and opening the Brew Pub for lunch business. D.D.L. ~~O q0 ~~~~ ORDINANCE NO. 10 Series of 1990 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 12, SERIES OF 1989, TO PROVIDE CHANGES TO AREA D REQUIREMENTS THAT CONCERN PARKING PROVISIONS; AND MICRO-BREWERY AND EAST BUILDING ADDITIONS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, the Town Council approved Ordinance 12, Series of 1989 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. 12, Series of 1989 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: Ordinance No. 12, Series of 1989, is hereby repealed and reenacted, as follows: Section 1 Amendment Procedures Fulfilled, Planning 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 Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the 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 dwelling 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 another accommodation unit, dwelling unit, or 2 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 "SDD4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Glen Lyon Duplex Lots Glen Lyon commercial Site Dedicated Open Space Roads Development Area Acreage A 17.955 B 4.000 C 29.100 D 1.800 40.400 4.700 97.955 3 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 IV and Cascade Club sites as approved by the Town Council. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in Section 18.46.103 B-F. B. Amendments to SDD4 shall comply with the procedures outlined in Section 18.40. C. Each phase of development shall require, prior to issuance of 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, theater, 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. 4 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 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 conditional 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 5 B. Area B, Coldstream Condominiums 1. Public park and recreational facilities 2. Ski lifts 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, Coldstreamn 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. 6 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 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. 7 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. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.090 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 Three dwelling. units, two of which shall be employee dwelling units as defined by the table in Section 18.46.103F. 18.46.100 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. 8 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 The gross 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 Square 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 16,730 square feet of office for Phase I & II or 15,584 square feet of office for Phase III 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 ' , A. AREA A CUh1PLETED PROJECTS nu MILIPJE 1 H1llRACE II NESTIII 148 Alfredo's Crfe Little Shop, Pept Sports N d H Smith, Y~urnet CHC BUILDI1fG Cascade Ning Clancy's Theatre College Classrooms College Uffite Htg Raom 2J ~~ TECRACE 11IIIG • ', + Rooms 120 a~r~il ' CASCADE RETn1l/ ON SITE ' STRUCTUP,E PARKING PARKING DU GRFA CoPPI SQ FT 28 0 16 20,000 ' 25 0 14 1J ,534 . 0 115 55,45) 104 seats 0 0 J4 seats 0 ; ' 0 1250 0 .~ 0 ' 2436 0 0 0 900 0 16 8 15,810 • 0 13.3 1600 • 28 4220 ' 4]92 ~ 0 40 954 0 4 1301 0 6 0 105 58,069 0 20 505G o , .~ •t. COrfPIETED PROJECTS (Con't) AU `- - PIAlA 1 Roons 20 Retail PlA1A I~ , Conference Retail CASCADE CIUB• Retail Bar b Restaurant Uffice 1n CMC Wellness Center .~ • CASCADE UN SITE STRUCTURE RETAIL/ PnflK1HG ' PARKING COMM $Q rT Du cRrn p 16 )205 0 ~ 4 1099 . 8291 0 ~~ 35 925 ~ ~ 3 300 0 1 ~ 5.6 612 0 3 828 1386 0 1 38 114135 11~J86 ?DIALS 288 53 • 422' CASCADE/WATERFORD D. ARCH A fRUPUSED PItUJECTS UN SITE STI~UCTUREO PARKING 1. CURIlERSTUIIE AU UR TR DU GRFA CUI.119ERCIAL SEATS SQ FT PARKING _ 48.1 (av room 561 sf C'.962 Units 50 TR 28,110 ~ space/room) Accessory Ski 2190 ~ 7.3 Retail 19 4 Restaurant 3000 141 . . I(otel Access 2465 82 10.3 Rest & Bar 19.4 Office 4850 2 1 1125 . Conf Room '0 Hotel Retail 285 Scenario 1 Retail 1 13,250 ~ ~ 44.2 or N or Scenario P Retail °r P 16,275 54.3 Access Ski (Restrooms 1140 0 (Ski School (Lift tickets TOTALS 50 TR 28,110 Scenario 1 26,040 or 229 8865 0 Scenario 1 155.9 or Scenario 2 166 Scenario p 29,065 ., . ,• ~' CASCADE/6lATERFURD AREA A PROPOSED PROJECTS (CUNT.) UN SITE STRUCTURED PARKING PARKING • 2, hJATERFUP•D kU ----' OR ?R DU GRFA C01.1J•1ERCIAL SEATS SQ FT -- . ~ 60 UNITS i 1 30 or o Scenar 41,500 75 or Scenario 2 15 TP. 12.7 3,800 RETAIL - - -- Scenario 1 12.7 or TOTAL Scenario 1 15 TR or 41,500 3,800 Scenario 2 87,7 Scenario 2 . . 30 DU 3. 41ESTJIAUEII CONDOS 40 ~ ~ '~ UNITS ?.0 22,500 , Emplcl'ee Units 10 6,400 * 20 Max p _ 20 DU 22,500 60 ~ ,' TUI~I. . , 4. MILLRACE III UNITS 3 mrn 3 6,000 ,OUO 6 o 5. I.1I LLRAC_E ~ I V B 11,200 or 16 UIIITS Scenario 1 26.8 or Scenario 2 32 AU 14,000 TOTAL 15 or Z6.8 Scenario 1 32 AU 8 DU 11,200 or.Scenario 2 14,000 * porfri~tnll Frtlllt(1VPP n~1P'/~lnn Ilnits shall not count toward density or GRFA. ' ~ • • • CASCADE/WATERFORD AREA A PR01'OSED PROJECTS (CUWT.) 011 SITE . STRUCTURED PARKING PARKING t AU UR TR DU GRFA COMMERCIAL SEATS SQ FT 6. CASCADE CLUB AUU11 IUfr Scenario 1 4,500 22'5 • Wellness Ctr 4,500 D or Scenario 2 G~nnnasium TOTAL Scenario '. 4,500 22'5 Scer~irio 2 4,500 7. RUUI_1 ~J CUIfFERENCE ~ 5.5 ** COIIUERIEU TU 1,381 , TIIEAIRE TUTAL 1,387 5.5 ~ . ,~ . 8. PLAZA OFFICE 925 7 *** TUTAL **** 118,110 38,152 13,365 6b Minimum 310 ol~ximum MAXIMUMS Total - 101:5~DU ' 235 Minimum ** Room ?J ha: alre,~dy been counted as conference space •. *** Plaza space has already been counted fora retail parking requirement. The parking. The new parking requirement is based on tire. new parking requirement is based on the difference between the retail and 'difference between conference•and theatre parking office parking requirements. requirements. ~ ***~ 1ota1 figures represent highest density and commercial scenarios. ' ~, CU(~1PLETED A(10 PRUPUSED FUR AREA A: C, TOTAL PROJECT DEVEIJPMENT . ~ CASCADE/41ATERFURD • UN SIZE STRUCTURED PARKING PARKING DU GRFA CUh4~1ERCIAI *** Maximum** Mi422um 182.0 114,135 17,786 ~ 53 422 CUh1PLETED PROJECTS 235 101.5 118,110 38,152 66 310 PRUPUSED PROJECTS TCTGL DEVELUPhiE(JT AT BU1L0-OUT 283.5 292,245 56,536 119 Minimum 132 Maximum v~ith 17.5% Mixed Use Credit = 604 spaces 421 spaces in Cascade Structure and 183 spaces in Waterford Structure 651 (4inimum viith 11.5% Mixed Use Credit = 543 spaces 421 spaces in Cascade Structure 122 spaces in Waterford Structure *Total figures represent highest density and commercial scenarios. **(lar.ini~~m parking structure requirement assumes Cornerstone Scenario 2, 4aterford Scenario 2, (1illrace IV Scenario 2, and Cascade Club Scenario 1. ***hlinimum parking structure requirement asswnes Cornerstone Scenario 1, Waterford Scenario 1, Millrace IV Scenario I, and Cascade Club Scenario 1. •0. TUTAI PROJECT MINI(4U(4 AU UR TRs AND MAXIMUM DUs FUR AREA A: ,' . , • AU UR TR .. CUh1PLETED PROJECTS PRUPUSED PROJECTS ~. .~ TU1AL 28B AU 38 50 TR 61 338 99 E. Development Controls Area Unity GRF11 Acres) 16 DU/Acre .35 Original Parcel 15.68 252.00 256,437 Robbins Parcel 1.23 19.68 18,752 Cosgriff Parcel 1.045 16.72 15,932 17.955 288.4 291,121 F. DEVELOPMENT FOR AREA D GLE2d LY02I COt•4~IERCIAL SITE SDD ~4, AREA 0 DEVELOPMENT SQUARE FOOTAGE AND PARKING PER TOWN OF VAIL REQUIREMENTS FEBRUARY 26, 1990 PHASE I & II PHASE III APPROVED PLAN DEVELOPMENT DEVELOPMENT Sq.Ft. / Parking Sq.Ft. / Parking Sq.Ft. / Parking Glen Lyon Office Bldg. (Existing) 10,150 40.6 10,150 40.6 10,150 40.6 PHASE I Glen Lyon Bldg. - Office 2,800 11.2 2,800 11.2 2,800 11.2 PHASE II Micro-Brewery -Office 700 2.8 3,780 15.1 2,634 10.5 -Reception/ Museum 415 0.0 480 0.0 480 0.0 -Retail 446 1.5 175 .6 885 3.0 -Fermentation/ Brewhouse 6,600 0.0 970 0.0 1,406 0.0 -Beer Hall 1,774 14.7 1,700 18.8* 1,700 18.8* (180 seats) (150 seats) (150 seats) -Brew Pub 1,858 15.5 1,380 10.0* 1,380 10.0* (120 seats) ------------ (80 seats) -------------------- (80 seats) ---------------- SUBTOTAL ------ 24,743 86.3 21,435 96.3 21,435 94.1 PHASE III East Building -2 Employee Units 1,695 4.0 0 0.0 1,695 4.0 -1 Dwelling Unit 1,630 2.0 0 0.0 1,630 2.0 -Office 2,400 9.6 ---- 0 -------- 0.0 ------------ 2,400 --------- 9.6 ------ SUBTOTAL ------- 3,325 -------- 15.6 0 0.0 3,325 15.6 TOTAL COMMERCI AL AND RESIDENTIAL SQUARE FOOTAGE AND PARKING: 41,018 102.0 21,435 96.3 24,760 110.0 *USED HIGHEST PARKING REQ. POSSIBLE BASED ON SEATING 16 - 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: 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 ?Develop[ment District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. 17 Area D, Glen Lyon Commercial Site 1. Area D Master Site Plan, Geodesign by Sherry Dorward, 2/22/90. 2. Landscape Plan for Area D, Geodesign by Sherry Dorward, 2/22/90. 3. Area D elevatons, Geodesign by Sherry Durward, 2/9/90. 4. Vail Micro-brewery, Seracuse, Lawler, and Partners, Denver, CO., sheets A2.1, A2.2, A2.3, A3.1, A3.2, A4.1, A4.2 dated 1/8/90 and sheet A2.4 dated 12/13/89. 5. Vail Brewery Roof Study, Frank Freyer, 1/8/90. 6. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma, 11/28/88. 7. Glen Lyon Parking Garage Sections/Elevations, Roma, 11/28/88. 8. Glen Lyon Condominium, Roma, 11/28/88. 9. Glen Lyon Condominium East Building, Roma, 11/28/88. 10. Office Addition to Glen Lyon Office, Building, Buff Arnold/Ned Gwathmey Architects August 25, 1989 Sheets Al through A4. 11. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. Letter from Peter Jamar Associates, Inc., dated January 16, 1990. 12. Deceleration lane design for South Frontage Road, RBD, October 18, 1988 as approved by Co. Div. of Hgwys. 13. A resubdivision of Lot 54 amended plat Glen Lyon Sub- division, Eagle Valley Surveying Inc. as approved by T.O.V. 14. Vail Brewery Parking Analysis, TDA Colorado, Inc., August 10, 1988 and Vail Brewery Parking Analysis Update, TDA Colorado, Inc., January 16, 1990 pages 1-8. 18.46.110 Development 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 SDD4. 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 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 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 SDD4 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 Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 19 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 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. C. D. E. 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. Area B, Coldstream Condominiums The maximum height shall be 48 feet. 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. Area D, Glen Lyon Commercial Site 51$ of the roof shall have a height between 32 and 40 feet. 49$ 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. 20 18.46.160 Coverage In Areas A and B, no more than 35$ of the total site area shall be 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 site 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 37$ of the total site area shall be covered by buildings and the parking structure. 18.46.170 Landscaping 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. 18.46.180 Parkinq 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 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. 21 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 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.1'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. 22 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. Phase I and II shall include 80 surface parking spaces plus 6 valet parking spaces on the east end of the surface parking lot. 2. Phase III shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structure. All required parking for the east building shall be provided on site per Town of Vail parking requirements per Section 18.52.100 for resedential and office use. A minimum of eleven spaces shall be located in the garage of the east building and a maximum of 5 surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in the TDA Colorado Inc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking Analysis Considerations pages 1-8. 4. Valet parking shall be prohibited on the west end of the surface parking lot. 5. The Brew Pub shall not be open to the public until after 4:30p.m. for Phase I and II Monday through Friday. When Phase III development ocurs including the parking structure, the brew pub may operate during the weekdays once the parking structure is available for public use. 6. The Beer Hall shall not operate or be used by the public before 4:30p.m. on weekdays, Monday through Friday at any time. 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 23 8. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 9. 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 SDD4 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. 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. 24 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 service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In 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. R. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 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 the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade 25 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 A - 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 for approval before a building permit is requested for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club Addition. 26 D. Area D,Glen Lyon 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 Micro-brewery 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. The developer and/or owners of area D shall be responsible for maintaining the new bus lane, including snow removal. If the lane is not maintained properly or snow removal is not adequate, the Town will not provide bus service to the site. 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. 27 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 parking structure. 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 it 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. 28 7. The Developer shall construct a deceleration lane along South Frontage Road per the CDOH access permit. The developer shall submit plans for the South Frontage Road improvements to the Town of Vail engineer for review and approval before a building permit is released for either Phase I, II, or III construction. 8. The conditions for Area D in Sections 18.46.180 D, 18.46.200 A, B, F - R 18.46.210 D, 1-7, 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 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. 29 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. e. 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. f. The conditions for the minor subdivision in Section 18.46.210 D9 A, B, 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. 30 l0. The entire Glen Lyon Office Building and brewery building shall be sprinklered and have a fire alarm detection system. Town of Vail Fire Department approval of the sprinkler and fire alarm systems shall be required before a building permit is released for Phase I or II. 11. The developer shall submit a set of amended plans to the Colorado Division of Highways for review and approval. The improvements on CDOH property proposed by the developer must receive CDOH approval before Phase I, II, and II are presented to the Town of Vail Design Review Board for final approval. 12. The east building including the two employee dwelling units shall be constructed when the parking structure is built to ensure that the employee units are built. 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 Area A shall build a minimum of 8 employee dwelling units within Area A Westhaven Condominium building. Each employee dwelling unit in Area A shall have a minimum square footage of 648 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have aminimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall .not be counted toward allowable density or GRFA for SDD4. In Area A, 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 two employee dwelling units in Area D shall be restricted as rental employee dwelling units permanently. In Areas A & D the 31 following restrictions shall apply to all employee dwelling 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. In Area A, if an employee dwelling unit is sold, it shall be sold only to a full time employee in the Upper Eagle Valley. The owner shall occupy the unit or lease/rent as per the requirements in this section. In Areas A & D the employee dwelling unit shall not be divided into any form of timeshare, 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 before a building permit is released for the construction of the employee units in either Area A or Area D. 18.46.230 Time Requirements SDD4 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 affect the validity of the remaining portions of this ordinance; and the Town Council hereby delares 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.. 32 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 hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw , order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1990, and a public hearing shall be held on this ordinance on the day of 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of ATTEST: 1990. Kent R. Rose, Acting Mayor Pamela A. Brandmeyer, Town Clerk 33 f KOEL3EL PROPERTI' DEVELOPJ~IE.,T ARE~~ A Vail-Rose cy '~ 12.370 acre A part of the St9 1/4 NE 1/4 of Section 12, Township' S South, Range 81 t•Jest of the 6th P.:I. , described as follows: Beginning at a point on the t9est line of said St~7 1/4 r N) 1/4 from which the North one-quarter corner of said Section " bears North 0°15' East 2269.48 feet; thence North 0015' East, along said t4est Line, 15.36 feet to a point on the Southeasterly right of way line of U.S. High~tiay t1o. 6; thence, along said Southeasterly right of way line, as folio:~s: South South South South South West, 1064.10 fe .~ North 52027' East, 102.31 fee*_; North 49°20' East, 519.57;feet; and North 48013' East, 549.09 feet, more or less, to a point on the North line of said Std 1/4 NE 1/4; thence North 88°33' East, along the North line of said St•7 1/4 NE, 36S feet, more or less, to a point on the centerline of Gore Creek; thence, alonc_ the centerline of Gore Cree};, as follows: 36049' Nest, 101.04 feet; 18021' West, 54.08 feet; 1024' Nest, 205.02 feet; 12010' West, 110.25 feet; and 28°41' t`'est, 242.35 feet, thence South 75°15' et to the point of beginr.i:,g. Rose Parcel 3.190 acre A tract of land situsted in the St:':,.:EL of Section 1?, TP 5 S., R. 81 W., of the 6th P.:•1., lying Southerly of that certain tract of land described in Book 199, Paae 197, Northerly and t•,lesterly of the center line of Gore Creel:, and lying Northerly and Easterly of those certain tracts described in Book 211 at Page 106, Boo}: 211 at Page 108 and Boo}: 215 at Page 365, descried as follocas Beginning at a point on the North-South center line of said 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 frem the 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. 28°41' W. 130.61 feet along the center line of said Creek; thence S. U5o24'30" E. 104.50 feet along the center line of said Creek; • thence S. 49°29' 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" t~T. 140.12 feet along the Easterly line of that tract described in Book 211 at page 108; thence N. 57042'30" tJ. 169.88 feet along the Northeasterly line of that tract described in Book 211 at page 108; thence N. 86°02'30" W. 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" W. 76.08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of beginning. 34 ~ © © ~`~ 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, To.~nship 5 South, Range S1 West of the 6th Princiaal Meridian, described as follows: Beginning at a point on the North-South center , line of said Section 12 whence the North Quarter Corner of sai~? Section 12 bears North 00 degs. 15 minx. 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. S•7est 111.31 feet alcna the center line of said creek; thence North 38 decs. 90 mins. t~~est 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 CREE ASSOCIATES PROPERTY DEVLLOPl1E:;T AREAS B, C & D 80.700 acres Lecal Descriction D All that part of Section 12, Totrnship 5 South, Range 81 West of the 6th P.:•I. , described as follc:•:s All that part of the N~NEs of Section 12, lying Southerly of the Southerly right-of-way line of U.S. High:aay No. 6 and Northerl_r of the Southerly line of said NiNE as shown on the plat on file in the off ice of the Eagle County Clerk and Recorder as Docu.ne.^.t No. 97489, described as follows: Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterl}• line of said N?NE;, whence the Northeast corner of said Section 12 bears North 0003' West 634.785 feet; thence South 73026'30" 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 65050' West 100.00 feet along the Southerly line of said highcaay; •• 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°OS' 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 ;NE; ; thence North 88°33' East 497.67 feet along the Southerly line of said N;NE; 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;NE; to the Southeast corner of said N;NE;; thence North Oo03' West 760.95 feet along the Easterly line of said N;NE; to its intersection with the Southerly line of said highway, the point of beginning, 35 • CO::TIUUED AND All that part of the SSv;NE; of Section 12, lying Southerly of the center of Gore Creek as shown on the pl,~t on file in the office of the Eagle County Clerk and Recorder as Document c7o. 97439, described as follows: _ Beginning at the Northeast corner of said Sj•:,NEB,; thence South 88°33' ~~est 131.67 feet to a point in the center of -; ,. said Creek; thence South 4U°09' [•7est 94.04 feet alc,ng the ce, ter °f said Cr=_~k; 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 Cree::; thence South 12°10' west 110.25 feet along the center o` said Creek; thence South 28°41' ~~Test 320.00 feet; thence South 5°24'30" East, 170.00 feet along the center of said creek; thence South 27°00'02" j~lest 85.24 feet along the center of said .creek; thence Sout'.: 54°00' West 259.34 feet along the center of said creek; thence South 65°34' tv~est 109.62 feet alonc the center of said creek; thence South 69°04' RTest 186.13 feet along the center of said creek; thence South 85°25' West 68.88 feet along the center of said cr=_ek; thence Piorth 77°36' ~~est 26.96 feet along the center of said creek; thence North: 50°32' ~•;est 199.19 feet along the center of said creek; thence Nortz 38°?0' ~v'est 239.09 feet along the center or said creek; thence Souta 76°35' West 89.91 feet along the center of said cr°°k; to a point on the t•7esterly line of said Si4'-,NE ~ ; thence South 0°15' West 461.90 feet to the center of said Sect'_en 12; thence North 89.02' East 1382.6 feet along the Southerly line o= said S~•:':ENE; to the Sout:.aast corner of said Sj•7,.]E`;; thence Norte Oo06' East 1384.32 feet alor.~ the Easterly; 11.^.° o~ said SY7,iJE4i to the Nort ;east cor:~er of said S~•:';NE;, the point of '~ beginning, AND The NZ~~LSE; of Section 12, To~•~nship 5 South, Range 81 Plest of t~:e 6th P.ri. ; AND All that part of the SE;NZa; of Section 12, To:unship 5 South, Range 81 West of the 6th P.Di., lying Southerly of the Southerly right of way line of U.S. High:aay No. 6, as shown on the plat on file in the office of the Eagle County Cler}: and Recorder as Document No. 97489, described as follows: Beginning at the Southeast corner of said SE;NW;; 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; thence 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 SEsNWs; thence South 0°15' West 628.21 feet along the Easterly line of said SE:NW; to the Southeast corner of said SE-;N~•7;, 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; 36 .. .. :,~ ..~..:Y Q • ~~ ' =' • : :". .... . .~ CO::: LIUED ..• . ..i '~ . 'ti'; that part described in Book 203 at page 531• ' ~' 1}",.' .. :~. •. that certain island adjacent to the above-described property, and •,~:'~.~~~• located in the middle o~ Gore Creek, cahich t.".~ art.es intend ~, . to exclude from this transaction; '•'~`.`;~:, . _. Count` cf Eag].e, :. t•,'i'~. State of Colorado ' .~~,:•~~.. ~._ • • ~._ . r AL50 THE FOLLO.dIC,G PARCEL FORJ•1~P,L'f Kt10,~1~~ AS THE "COSG~IFi• P,4RC~L" A tract of land situated in the S~J 1/4 rr 1/4 of Section 12, Township S South, Range 81 .hest of the 6th Principal Meridian, lying i~orth::esterl}• of the center line of Gore Creel: described as follo~:s: BeyinninV at a point whence the north Quarter Corner of said Section 12 besrs 1\. 11°U3' ~~. 2292. i2 feet; thence S. 86°02'30" E. 89.50 ' feet; thence S. SL`~2'30" E. 169.8b feet; thence S. 33`16'30" E. 10.12 feet to a point in the center of said creel:; thence S. 65°34' l:. 109.62 feet along, the center line of said creel:; thence S. 6°°C~4' ti.. ;'C~.78 feet along :he ce^te- line o; said creel:; thence :~. 23`1%'3~" ~:. 317.5 feet to the point of be~ir.nin~, containing 1.05 acres, r,ore or les~ . • ~:LSU DESC;IEc.D s:et_r:r~r~ at t. ^:~~r:~ 1':%£".c~ ttif ~~7~t:•. ~~:.:~.:•tC: • r•, C, ~ r. ~ . 4 c : ~ 3 C: S E: C ~ 7 0 :. 1 .. ^ E.._ "" F ... ~ _' ` :' : 1•. . ~_L_~..~' lEE, ~},c?'.CE ~ ~J`•;,.,,'ll" L. ~,:~• iE'C:; thence S. 57`25'.x0" 1r. 165.6 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°U1 ' 36" t•'. 103 .02 feet a] ong the center line of said creel:; thence P:. 23`24'Oc" l•;• 315.0 feet to the point of beginr.i*~~,. ?'OGETNET: ~+']TH an easenent as described in 'Document eco: ded d+uFL'st 5, l5bi~ in Eool~ 306 at Pale 443 :.'... ; CC.'C.: C:Ed l:r :.C~GI: ~C' of I"etc ~l' O1 Lh~ Ls~.l E: County records . ALSO including all water and well rights • appurtenant to the above described propert}', including ~:ithout lirritatior:, hell Ferc~it Igo. 9! X02, t:ater rights Decreed in Ci~•i] f,c:ion J~o. 2375 in Lagle Count}• District Court, and sll that pc+:'tio:, of t:ater rights decreed in Case 1:0. 8U C~~: ~]0, l•:ater L•ivisior, 1:0. 5, (GorE 1:0. 1 1.7e11 - U.OS cis) 37 1 r PROOF OF PUBLICATION STATE OF COLORADO ) ) ss. ) COUMY OF EAGLE I ALLEN KNOX do solemnly swear that I am PUbIIC NO~IC2 PUt)T.1ST12T' the of THE VAII TRAIL that the same is a weekly newspaper ORDINANCE N0. 12 ~i•• 01 1+~9 printed, in whole or in part and published in the County of Eagle, State of Colorado, AN ORDINANCE REPEALING A N D and has a general circulation therein; that said newspaper has been ublished continuousl and ni t t dl i i m REENACTING ORDINANCEN0.40,SERIESOF R7N EN N y n u errup e y nsa d County of Eagle for a period of ore than fifty-two consecutive weeks next prior to the first publication of the annexed legal TS THAT CONCERN REQUIREM E CONDITION OF UNDERGROUNDING notice or advertisement; that said newspaper has been admitted to the United UTILITIES; A NEW LOCATION FOR THE BUS " States mails as second class mOrier under the provisions of the A t f M h 3 187 STOP; A DECELERATION LANE ON THE c o arc , 9, a any amendments thereof, and that said news f paper is a weekly newspaper duly li l souTH FRONTAGE ROAD; A MINOR SUBDIVISION; AND STAIRWELL ADDITION; qua ed for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. TMESETTING FORTH DETAILS IN REGARD That the annexed legal notice or advertisement was published in the regular and Copies d this ordinance are available ror paaio maoection m Ina de~a d db Town CMrk entire issue of every number of said weekly newspaper to the eriod of ~IZ~ dudng normal buslrwca hours. INTRODUCED, READ AND APPROVED ON p SECOND READING AND ORDERED- consecutive insertions; and that the first publication of said notice was in the issue of PUBLISHED BY TITLE ONLY Nla 201n day d Jurre,19B9. said newspaper dated UI C :~3 AD 19 ~ TOWN OF YAL K"" R Roea ~ . - . . „ and that the last ~ publication of said notice was in the issue of said news paper doted aTTESr: Pamela A Brandmeyer ~ ~ ~ Town car AD. 19 PubGsned In The YaY TraR i L.{~ Jr on June 23,1989 In wifi whereof I havd hereunto set my hand this ~~ day of C AD. 19 Subscribed and sworn to before me, a notary pu~b~lic,m and~`ar~Couniy of Eagle, State of Colorado, this al't day of----~~- AD. 19 ~~ . L~ ~ ~~ My commission expires f ~--~ 3 " ~~ ^'J:~ M I TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 12, 1990 RE: A request to rezone property from Primary/Secondary to a Special Development District for Lots 3, 4, and 5, Vail Valley third filing, part of replat of Sunburst. Applicant: Debra and Robert Warner, Jr. I. DESCRIPTION OF THE REQUEST This application is to rezone three undeveloped Primary/Secondary lots to a Special Development District. Development proposed for the SDD includes three Primary/Secondary structures. The purpose of this request is to permit GRFA on one of the 3 lots (Lot 4) to exceed that which is permitted under existing zoning. In addition, site coverage on this same lot is also in excess of what is permitted under existing zoning. With the exception of increases in GRFA and site coverage to lot 4, the development proposed by the SDD is consistent with the underlying Primary/Secondary zoning. Setbacks, building heights and parking are all consistent with Primary/Secondary development standards. The following table summarizes the development proposed for these three lots. Lot 3: Lot 4: Lot 5: Permitted Parcel Permitted Proposed GRFA Site Size GRFA GRFA ±~_ Coverage 15,364 3,786 3,300 -486 3,073 16,641 3,914 5,500 +1,586 3,328 15,967 3,846 3,550 -296 3.193 TOTALS: 11,546 12,350 +804 9,594 Proposed Site Site Coverage Coverage +/- 2,595 -378 3,726 +398 2.878 -315 9,299 -295 As indicated by this table, proposed development on lots 3 and 5 is below GRFA permitted under existing zoning by 782 square feet. Lot 4 development exceeds permitted GRFA by 1586 square feet. Collectively, proposed development on the three lots would exceed the total allowable GRFA by 804 square feet. Site coverage on Lot 4 exceeds permitted site coverage by 398 square feet. Collectively, all three lots are 291 square feet below permitted site coverage. Each of the three lots will be developed with a small ` secondary unit. The applicant has agreed to enter into a restriction agreement with the Town so that these units will not be subdivided and sold off as would be permitted by existing zoning. Two sets of criteria are to be used in evaluating a rezoning request of this type. The first of these are 3 criteria designed to evaluate the appropriateness of the zone change. Secondly, the Special Development District zoning includes nine design criteria. These nine criteria address specific issues relative to the proposed SDD. II. CRITERIA TO BE USED IN EVALUATION OF PROPOSAL A. Evaluation of the Recluest: 1. Suitability of the proposed zonin It is important to understand the purpose of Special Development District Zoning when evaluating the appropriateness of this request. As stated in the zoning code, the purpose of SDDs is to: 18.40.010 Purpose: The purpose of the Special Development District is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of new development within the Town; to facilitate the adequate and economic provisions of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The elements in the development plan shall be as outlined in Section 18.40.060. As stated, the intent of this zoning request is to permit development on one of the lots to exceed what is permitted by existing zoning. This purpose is not consistent with the overall purpose of the Special Development District. With the exception of GRFA, there is nothing about this proposed development plan that could not be accomplished under existing zoning. While SDD's have been proposed and approved for many different reasons, they have generally not been used simply as a tool to allow for density increases with no public purpose as described in 18.40.010. 2. Is the amendment presenting a convenient, workable relationship within land uses consistent with municipal objectives. The residential use proposed by the SDD is identical to what is permitted under existing zoning. While this proposal is generally consistent with municipal objectives, the rezoning is no more consistent than what would be accomplished by the properties existing zoning. 3. Does the rezoning provide for the growth of an orderly, viable community. The proposed rezoning will not further the growth of an orderly, viable community. If approved, this rezoning could represent the gradual deterioration of Vail's low density residential neighborhoods. One may consider this request and conclude that the uses and development are generally consistent with what is permitted under existing zoning. However, it is important to understand that zoning in Vail has been adopted in order to establish consistency between neighborhoods. The amount of GRFA allocated to a lot has a direct relationship to the size of the lot. the proposal conflicts with this basic principle of zoning for the Town of Vail. In order to preserve the overall fabric of these areas, it is important to maintain the integrity of the existing zoning. This proposal, by virtue of its deviations from the development standards of the underlying zoning, is inconsistent with this criteria. III. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA A. Design compatibility and sensitivitvto the immediate environment neighborhood and adiacent properties relative to the architectural design, scale, bulk, building height buffer zones, identity, character, visual integrity and orientation. This proposal is generally consistent with this criteria. While the level of development on Lot 4 greatly exceeds allowable GRFA, the design of this structure is sensitive to minimizing bulk and mass. Each of the three structures are in compliance with Primary/Secondary height and setback requirements. Development on lot 4 does, however, exceed permitted site coverage by 398 square feet and GRFA by 804 square feet. B. Uses, activity and density whichprovide a compatible efficient and workable relationship with surrounding uses and activity. Uses proposed for these three sites are consistent with the surrounding neighborhood and the Primary/Secondary zone district. C. Compliance with parkincr and loading requirements as outlined in Chapter 18.52. This project is consistent with the Town's parking requirements. D. Conformity with applicable elements of the Vail Comprehensive Plan Town policies and Urban Design Plans. The goal 5.5 of the Land Use Plan "encourages the development of employee housing at various sites throughout the community". The applicant's commitment to restrict the subdivision and resale of each of the three secondary units is a positive step towards providing employee units. In order to fully comply with this goal, deed restrictions limiting the use of these secondary units to long term employee rentals should be established. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the Special Development District is proposed. A site specific analysis of these properties has been completed. Lots 3, 4, and 5 are located in moderate debris flow and rock fall zones. Lots 3 and 4 are located in a moderate snow avalanche zone. The Town's hazard ordinance requires mitigation of the snow avalanche hazard. Mitigation is not required for development on the lots impacted by rockfall and debris flow hazards. However, this development must be done in a way that does not increase the degree of hazard on adjacent property or Town Rights-of-way. A geologic hazard analysis of the proposed site plan has been completed. All hazards can be mitigated by structural reinforcement of the proposed residences. Subject to the removal and/or redesign of proposed landscape walls along Sunburst Drive, this development will not increase the degree of hazards on adjacent lots or town rights-of way. F. Site Plan, Building design and location and oven space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic duality of the community. The proposed development plan is consistent with these considerations. IV. G. A circulation system designed for both vehicles and_ pedestrians addressing on and off-site traffic circulation. Each of the three units have been designed with two driveways, resulting in 6 driveways over approximately 290 feet. Six driveways to serve three lots is unnecessary and decreases the amount of area that could be dedicated to landscaping. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposed open space and landscaping is consistent with what is typically found in Primary/Secondary development. I. Phasing elan or subdivision elan that will maintain a workable, functional and efficient relationshiv throughout the development of the Special DeveloQment District. A phasing plan has not been proposed as a part of this SDD. STAFF RECOMMENDATION Staff recommendation for this request is denial. The proposed rezoning is inconsistent with the purpose of the Special Development District and is also inconsistent with the three criteria used to evaluate rezoning proposals. The development standards established by the Town's zoning ordinance are in place for a reason. These development standards are the primary tool used to ensure proper and orderly development throughout the Town. With the exception of GRFA and site coverage on Lot 4, this development proposal does not deviate from established development standards. However, that is not justification to grant this request. Special Development District zoning has been approved by the Town Council 23 times. Each of these rezonings have occurred for specific reasons relative to the development groposed for these sites. Reasons for SDDs have related directly to the purpose of an SDD (as stated before): 1. To encourage flexibility and creativity in the development of land in order to promote its most appropriate use. 2. To improve the design character and quality of new development within the Town. 3. To facilitate the adequate and economic provision of streets and utilities. 4. To preserve the natural and scenic features of open space. 5. To further the overall goals of the community as stated in the comprehensive plan. This SDD is proposed solely to satisfy the needs of the applicant, with little to no benefit to the community. In essence, the SDD process is being utilized to achieve a density variance. The staff encourages the Planning Commission to recommend to the Town Council to preserve the integrity of the existing zoning and the SDD process by denying this application. ORDINANCE NO. 11 Series of 1990 AN ORDINANCE RE-ZONING LOTS 3, 4, AND 5 OF VAIL VALLEY THIRD FILING, A PART OF SUNBURST REPEAT, TO SPECIAL DEVELOPMENT DISTRICT NO. 24, IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, application has been made for Special Development District approval for a certain parcel of property within the Town known as Lots 3, 4, and 5 of Vail Valley Third Filing a replat of Sunburst; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Vail Municipal Code. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the Town of Vail relating to zoning amendments have been fully satisfied. Section 2. The Town Council hereby. rezones Lots 3, 4, and 5 of Vail Valley Third Filing a replat of Sunburst, to Special Development District No. 24. Section 3. The Town Council finds that the development plan for Special Development District No. 24 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail or demonstrates that Either one or more of them is not applicable, ar that a practical solution consistent with the public interest has been achieved. In accordance with Section 18.40.040, the development plan for Special Development District No. 24 is approved. The development plan is comprised of those plans submitted by Junge Reich Magee AIA, and consists of the following documents: 1. Site plan dated February 8, 1990. 2. Site plan/Landscape plan date May 8, 1989. 3. Roof ridge height study and building elevations for Lots 3, 4, and 5 numbered A1, A6 and A7. 4. Floor plans for Lot 3, dated January 29, 1990. 5. Floor plans for Lot 4, dated January 22, 1990. 6. Floor plans for Lot 5, dated January 31, 1990. Section 4. Development standards for Special Development District No. 24 are approved by the Town council as a part of the approved development plan as follows: A. SETBACKS• Setbacks shall be as indicated on the site plan set forth in Section 3 of this ordinance. B. HEIGHT• Building height shall be as indicated on the elevations and roof ridge plans set forth in Section 3 of this Ordinance. C. COVERAGE: Site coverage shall be as follows: 1. Site coverage on Lot 3 shall not exceed 2595 square feet. 2. Site coverage on Lot 4 shall not exceed 3726 square feet. 3. Site coverage on Lot 5 shall not exceed 2878 square feet. D. GROSS RESIDENTIAL FLOOR AREA: Gross Residential Floor Area within SDD No. 24 shall be as follows: 1. GRFA on Lot 3 shall not exceed 3300 square feet. 2. GRFA on Lot 4 shall not exceed 5500 square feet. 3. GRFA on Lot 5 shall not exceed 3550 square feet. E. LANDSCAPING' The area of the site to be landscaped shall generally be as indicated on the landscape plan set forth in Section 3 of this Ordinance. F. PARKING' Parking in SDD No. 24 shall be met in accordance with the off-street parking requirements as specified in Section 18.52 of the Municipal Code of the Town of Vail, and as generally indicated in the site plan as set forth in Section 3 of this ordinance. Section 5 The following are conditions of approval for Special Development District No. 24: 1. The secondary units as indicated on floor plans for Lots 3, 4, and 5 set forth in SEction 3 of this ordinance shall not be subdivided or sold off independent of the main units. Section 6. Amendments to the approved development plan may be granted pursuant to Section 18.40.100 of the Municipal Code of the Town of Vail. Section 7. 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 inhabitants thereof. Section 8. 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 re-enacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS of 1990, and a public hearing shall be held on this ordinance on the day of , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of ,1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk ORDINANCE N0. 12 Series of 1990 AN ORDINANCE AMENDING THE TOWN OF VAIL SALES TAX CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. That Section 3.01.140 of the Code of the Town of Vail, Colorado is amended by the addition of a new paragraph to read: (c) Special Accounting-Sales by Qualified Non-Profit Organizations Non-profit organizations selling taxable tangible personal property or services as defined by this Code must collect sales tax and purchasers must pay sales tax on such sales, subject to the conditions set forth below. It is the desire of the Town Council that the taxes collected by qualified non-profit organizations be retained by that organization as a contribution of additional funds to be used in the course of that organization's charitable service to the community. Therefore, organizations are not required to remit or report sales tax collections to the Town provided that the organization meets the following criteria: 1) The organization has been authorized in writing by the Internal Revenue Service as a Section 501(c)(3) organization or has been approved in writing by the Finance Director as being a voluntary, not for profit organization whose fund raising activities are primarily for the providing of services in Vail. 2) The Town sales tax shall be included in the stated selling price and the total proceeds of the sale of taxable tangible personal property or services shall be retained and expended by the qualifying organization to provide charitable services; and 3) The activity at which taxable tangible property or service is being sold is an occasional business activity specifically held for fund raising; and 4) The organization applies to the Town Finance Director on an annual basis for a special license to be conspicuously displayed at all eligible fund raising events and provides access to any financial records or documents necessary to determine compliance with this paragraph (c). 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1990, and a public hearing shall be held on this Ordinance on the day of 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- RESCLUTICN PJC. 7 Series of 1990 A RESCLUTICN AL'THCRIZIPJG THE TObJ~J MA~JAGER TC ACT ON BEHALF OF THE TOW"J CF UAIL IPJ NEGOTIATING AND ENTERING INTO R LEASE TERMIPJRTICN AGREEMENT TERMINATIPJG A CERTAIPJ LERSE OF LAND RND IMPROVEMENTS WITH THE U"JITED STRTES POSTAL SERVICE APJD OTHER INSTRUMEPJTS AND DOCUMENTS RELRTING THERETO. IT IS HEREBY RESOLVED BY THE TCW~J COUNCIL CF THE TOWN OF UAIL, COLORADO, that: Ran Phillips, the Town Manager far the Town cf Uail, is hereby authorized to act cn behalf cf the Town of Uail in all matters requiring signatures enabling the lease of land and improvements to the United States Postal Service and all other instruments and document relating thereto. IPJTRCDUCED, RERD, APPROVED RND ADOPTED this day of , 1990. Kent R. Rose, Mayor RTTEST: Pamela R. Brandmeyer, Town Clerk T0: Design Review Board FROM: Community Development Department DATE: March 7, 1990 SUBJECT: A Sign Variance request for Jackalope Cafe & Cantina located in the West Vail Mall, 2161 North Frontage Road West. Applicant: Ralph Dockery A. THE REQUEST The Jackalope Cafe and Cantina variance request proposal entails a 11.2 sq. feet of sign to be located on the front parapet wall between Gart Brothers and Dairy Queen at a height of 24' above grade with individual white, neon pan- channel letters that are 12", 10" and 4" in height. The current variance request involves the following section of the Town of Vail sign code: 16.22.130 Wall Signs - Arcade B. Size, one square foot for each 5 front lineal feet of the individual business or organization with a maximum area of 10 square feet; C. Height, the top of the signs shall be no higher than eight feet above grade; E. Location, parallel to the exterior wall of the business front on an arcade, subject to the approval of the Design Review Board. The applicant is requesting an increase in sign area of 1.2 square feet over the allowed square footage, an increase in height of 16' over the allowed 8', for a maximum height of 24 feet above grade, and a change in location from the business front on the arcade to the .front of the building on the parapet wall facing the North Frontage Road. The applicant will be allowed a total of one sign. II. BACKGROUND The business received a 90-day approval on December 20, 1989 from the Design Review Board to install a temporary sign. The approval included the following conditions: 1 1) The sign is only approved for 90 days. The expiration date for the sign is March 20, 1990. 2) The signs square footage was approved at 15 sq. feet. Black letters on a white back ground were also approved. 3) The sign shall not exceed 25 feet in height from the existing grade or sidewalk. 4) Any lighting for the sign should be presented to staff and approved before erected. 5) If possible, try to avoid the frame around the sign. The applicant's current request recognizes all the conditions that were required for their temporary sign. III. FINDINGS AND STAFF RESPONSES Before the Board acts on a variance application, the applicant must prove physical hardship and the Board must find that, A. There are special circumstances or conditions apAlyinQ to the land buildings. topography, vegetation, sign structures or other matters on adjacent lots or within the adiacent right-of-way which would substantially restrict the effectiveness of the sicrn in Question; provided however that such special circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention and do not apply ctenerally to all businesses or enterprises. Staff Response The business is located on an arcade in a multi-tenant building, therefore allowing it to be classified under either Section 16.22.130 - Wall Signs - Arcade or Section 16.22.140 Wall Signs - Individual Business within a multi-tenant building, of the sign code. For this proposal, the staff has agreed to recognize it as an arcade type business because the requirements for this section are more restrictive. The applicant is allowed one 10 sq. foot sign at a height of 8' above grade and located parallel to the business. The design of the building creates a physical hardship in that the parapet wall facing the North Frontage R^=_a blocks the area for signage adjacent to the Jackalope. This situation significantly decreases the effectiveness of any sign located adjacent to the Jackalope. The height of the sign is dictated by the height of the existing parapet wall. The wall sign will not have significant negative impacts due to its height and location and will not draw undue attention to itself. It should be noted that a sign program has been proposed for the West Vail Mall. The program will allow for signage for the remanining arcade businesses in a comprehensive manner. The Jackalope's proposal is in keeping with the general intent of this program. Because they occupy 2 retail shops within the building. The jackalope sign is located in the. appropriate area per the proposed sign program. B. That special circumstances were not created by the applicant or anvone in privy to the applicant. Staff Response• Special circumstances were not created by the applicant. C. That the granting of the variance will be in general harmony with the purpose of this title and will not be materially detrimental to the persons residing or working in the vicinity to adjacent property to the neighborhood, or to the public welfare in general. Staff Responses The staff believes that this request meets the general intent of the sign code and is in harmony with the sign code. We do not feel that the variances requested will be detrimental to any persons residing or working in the vicinity or to adjacent property owners. The proposal is consistent with the existing signage of the other tenants of the mall. The proposal displays the name of the store and the type of business in a direct and reasonable manner. D. The variance agplied for does not depart from the provisions of this title any more than is required to identifv the applicant's business or use. 3 Staff Response: We feel that this request does meet the general intent of the sign code and presents the name of the store in a clear and concise manner that is consistent with other actions that relate to the sign code in the Commercial Core III area. The request asks for a minimal amount of concession and is appropriate for the size of the business. IV. STAFF RECOMMENDATIONS: The Community Development Department recommends approval of the requested variance. We feel that the height of the proposed sign is in harmony with the intent of the sign code and the size and design of the sign do not call undue attention to the business. In addition, the design of the sign is consistent with the other signage of the businesses in the West Vail Mall and the proposed sign program currently being reviewed by the Design Review Board. 4 N LEVEL WEST VAIL MALL ~---. ~- c ou ~' Y~~ G, AR.; egos. ~ `~ d~o~~ 5~~~ s ~~K~tot~ s~vN ~J ~ Qvtta .~ ~~~~y -T-oP ~ ~ Q w ~o~ ~A,rA ~ ~A.4.~. s~cKA ~~ ~i A~Ry ~+ c~• ~ . V~ A~ ~ RO S . ~ A~~N ~1 `i ~ Q~ls 1~ ~~ ~ri V yew ` .... ~ i/~ ®l,~ / zoo ~ i~ ~ 6 ~~ t a ~r ~ ° ~~ ~~ T.E'1"1 1~i~ Lt W1TB ~3 ~~c~~=yt~°II~~~ 4" ~JR1~ P'il~'1'TC I~~'1~R8 ~Ilnullllllll1 (VIII nmum IIIINIIpI I) Ii, f iu IIr IlllllU IIIIHIIII ~~IIINIII~~~ ~III~ (III, uu-uum 1~~ channnel i ~,~ , ~~,\ 4'' forrn.ed plastic 94 Oates ~Ibeei peia~lulc skier gad t~c~ ltiloes ~ 8/ice' w~>ba a~lla. tc- ao~e at e* t~aolc. H~nc~w~n~, aed. B~o~. I~r1a ~L tlaocs ~ ~~~ fora ~sldlber ~blc t~dure nelau ~ostwt4rdao. UPPER EAGLE VALLEY ~~ WATER AND SANITATION DISTRICTS March 8, 1990 ~ 846 FOREST ROAD •VAIL. COLORADO 81657 (303) 4767490 Mr. Rondall V. Phillips Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 RE: INTERGOVERNMENTAL AGREEMENT - PROPERTY EXCHANGE Dear Ron: R~C'~ MAR 1 2 1990 Recently you conveyed your concerns of potential contaminations of subsurface strata on the property (Town Shops} adjacent to the Water Reclamation Plant. I hope this problem is at a point of timely resolution. As you know, this property is paramount in our proposed exchange agreement. In order to bring this matter to a systematic close, I would propose Vail Valley Consolidated Water District and the Town of Vail sign the agreement by April 1, 1990. Recent studies by engineering consultants have delivered pertinent studies which negate further consideration of expansion of the Water Reclamation Plant to the west, which encompasses the old Town Shops. In order to assist the Town of Vail in meeting future public goals and to assure the continued snow removal around fire hydrants, I would propose the following: 1. Resolve the contamination problem on the Town Shops property and consummate the proposed agreement by April 1, 1990. 2. The Vail Valley Consolidated Water District proposes to exchange the Lionsridge property for the Town Shop parcel, removing the Gore Creek site from further consideration. 3. Both parties withdraw their proposals, with the Town of Vail continuing snow removal around fire hydrants. In order that the Districts may proceed in preparing for future facility planning, I would solicit your expeditious attention to closing or not closing the Intergovernmental Agreement. Sincerely, VAIL VALLEY CONSOLIDATED WATER DISTRICT t William B. George General Manager cc: Ed Drager, Chairman, VVCWD Jim Collins, Esquire PARTICIPATING DISTRICTS - ARROWHEAD METRO WATER ~ AVON METRO WATER ~ BEAVER CREEK METRO WATER ~ BERRV CREEK METRO WATER CLEAN EAGLE-VAIL METRO WATER ~ EDWARDS METRO WATER ~ LAKE CREEK MEADOWS WATER ~ UPPER EAGLE VALLEY CONSOLIDATED SANITATION VAIL VALLEV CONSO LIU ATEU WATER ~ VAIL WATER AND SANITATION TOPIC 8/1 BANNER POLES IN THE VILLAGE AND LIONSHEAD (request: Slevin) 8/8 WEST INTERMOUNTAIN ANNEXATION (request: Lapin) 8/15 UVCWD/TOV LAND CONTRACT 8/15 N0 SMOKING ORDINANCE 11/14 SALES TAX FOR FUND RAISING EVENTS FOR NON-PROFIT ENTITIES 2/13 TIME PARAMETERS FOR COUNCIL MEETINGS (request: Rose) 2/20 JOINT MEETING COUNCIL/VMRD WORK SESSION FOLLOW-UP ESTIONS 3/16/90 Page 1 FOLLOW-UP SOLUTIONS KRISTAN/STAN: Arrange location and placement of permanent banner poles in Lionshead. LARRY: Proceeding w/legal requirements for annexation. RON: Contract in final stages of negotiation LARRY/SUSAN: Organize study group to examine voluntary options. STEVE/DANI: Bring back to Council for more discussion. LARRY/RON: Define time procedure for conduct of meetings. PAT: 1. Develop design/cost structure for construc- tion of public restroom/shower facility/storage at athletic field -return to Council for reprioritization for capital projects. 2. Apply in writing to Council re: ground lease of Booth Creek 9 hole par 3 golf course. LARRY: Prepare amendment to TOU/UMRD agreement re: transfer of mill levy and not holding an election within the required 2 year period of time. Ampersand has photo study for banner poles completed. iheeting with consultant held Jan. 11. The members of the Lionshead Merchants Association like the design plans. Staff will make a presentation to Council at the March 20 Work Session. Petitions are being circulated. Larry and Jim Collins are working on contract. Kent Rose met with VUCWD Board on Dec. 21 and final contract is being drafted. Letter on possible soil contamination problems sent to UVCWD. Return letter received. Ordinance to be submitted to Council for first reading March 20. Ordinance is being redrafted. Ordinance being developed for Council action on March 20. Larry to prepare memo regarding guidelines as discussed by Council. CITIZEN PARTICIPATION to be moved up earlier on evening agenda. Existing ordinance is being redrafted. Pat has developed these and Ron has a copy. Proposed cost is now $150,000. When Pat receives Kristan's memo, he will respond. Kent sent letter outlining proposed process to Tim Garton last week (copies in packets). UMRD is reviewing and will respond after 3/28. Larry and Steve Barwick are working on the amendment. 2/27 SATELLITE POST OFFICE (request: IRON: Pursue station "in town" and/or increase I Meeting to be set up with Ernie Chavez. Osterfoss) summer bus service? WORK SESSION FOLLOW-UP TOPIC 3/6 RESOURCE CENTER REQUEST FOR SPACE (request: Osterfoss) 3/6 COLORADO SKI MUSEUM DINNER HONOR- ING PEPI GRAMSHAMMER 3/13 PURCHASE PRICE OF PUBLIC PARK- ING SPACES (request: Lapin) 3/13 PAUL TESTWUIDE STREET SIGNAGE INFORMATION (request: Rose) 3/13 TRIANGLE OF GREEN SPACE ADJACENT TO VILLAGE CENTER 3/13 EUROFAIRE/JOHN HORAN-KATES (request: Rose) 3/13 CHESTER PARKING (request: Steinberg) 3/16/90 Page 2 FOLLOW-UP SOLUTIONS RON: Can a portion of the post office space be used temporarily by the Center? KENT: Any other Councilmembers who wish to attend banquet in Denver on 3/22/90. $50/person or $500/corporate table. KRISTAN/LARRY: Reconsider pricing to equate to actual cost of constructing new spaces. RON: Call~for backup information? RON/LARRY: Contact re: possible gift to the Town? LARRY: Contact Pat re; copy of UMRD's contract? Council approval of stock transfer clause inclusion. KEN: For the future, illegal signage must be addressed immediately, taken down, cars towed, individual cited/POLICE ENFORCEMENT AT ONCE! URA will accommodate Resource Center office space. Those attending are Kent/Rayma, Rob/Sandrine, Lynn/Bill, and Ron/Karen. Old ordinance will be resurrected. Done. Will do. Pat has sent to Larry. Will do. 3/13 ZONING CODE CHANGE I KRISTAN/TOM: Review 15,000 sq. ft. lot size on I Kristan will do memo. single family lots. TOWN OF VAIL MEMORANDUM T0: Ron Phillips Council Members FROM: Steve Thompson DATE: March 14, 1990 RE: Investment Report Enclosed is the investment report with balances as of February 28, 1990. The balance of the portfolio which can be used for operations on February 28, 1990 was $712,000 less than on February 28, 1989. The main reason for this difference is the Berry Creek Land Acquisition. In February we purchased $6.1 million of various government notes and bonds yielding an average of 8.20. Of the $6.1 million 69~ of the purchases were made with the parking structure bond proceeds, the balance was for operations. Our February .purchases were made in response to rising interest rates which was primarily due to the deteriorating overseas bond market. We didn't expect interest rates to be rising in 1990 and interpreted this increase to be short-term aberration from the downward trend in 1990. However, it appears that the economy is stronger than most economists thought and that the federal reserve may push rates higher this spring. For now we will try to .take advantage of the increased rates in the next two months. On page one of the investment report we have added a schedule detailing what makes up reserved investments. The next Investment Committee meeting is March 19,-1990 at 1:30 p.m. Please let me know if you have any questions. Town of Vail, Colorado Investment Report Summary of Accounts and Investments For the Month Ending february 2B,1990 Funds far Reserve Balances Percentage Percentage Operating Funds x 2/28/46 of Total Allowed ---------------------------------------------------------- Money Market Accounts (see page 1,;~ Commercial Banks Money Market Funds Colorado Investment Fools Tota' $128,060 $211,456 $1,006,010 6.15$ 50$ $3,443,466 $3,443,468 21.09 100. $8B2 $$$2 G.G1°b 1GCo ------------------------------------- ------ $i2B,942 $3,721,418 $4,456,360 27,26 Commercial Savings & Banks Loans ----------------------- Certificates gf Deposit (see oage 2) Cagle County Institutions $:6,992 $10,442 $10,992 0.07, Other Colorado Institutions $0 0.00 National Institutions $1,386,000 $1,386,060 $1,881,000 - - $841,000 ----------- $2,772,000 ------------- 16.460 ------ - --------------------------------- Total $1,346,492 $1,386,600 $1,SBi,00C $401,442 $2,782.542 11.05% 100% Percentage of Portfolio in 5avincs & Leans 8.49% 25% U.S. Government Securities (see page 3} Repurchase Agreements Treasury Notes & Bill s uNMA's U.S. Savings fiords Federal Agency Discount Notes & 8cnds $0 0."v0o 750 $230,000 $1,B10,B70 $2,040,870 12.50 100. $170,'36 $iiU.73C 1.v5% i0v^^% $1°,878 $19,8'8 O.i 100 $2.913,33. $3,94,946 $6,B6C,2i7 42.020 100 Total Total Portfolio Maturing Within 12 Months Maturing hithin 24 Months Maturinc After 24 Months Breakdown of Reserve Funds C.O. Bond Reserve Parking Structure Bond Proceeds Booth Creek Mitigation Proceeds Chuck Anderson Memoria~i Health Insurance Funds $3,333,43= $5,75;,816 $4,09:,755 55.64 $5,443,881 $10,381,226 $16,325,107 100.00 $5,121,273 $4,385,226 $14,512,499 88.90 $346,000 $847,000 $1,243,006 7.42X $420,608 $44,000 $519,608 3.18 ------------------------------------- ------- $5,943,881 $10,381,226 $1b,325,107 100.00 ------------------------------------- ------- $2,323,884 $1,614,375 $185,739 $10,942 $25~',G3v $10,381,226 zIl?%90 s?t invsm00~ Money Market Accounts as of February 28, 1990 --For the Month of January-- Account Institution Balances Type of Accounts High tow Average 2i28j90 ------------------------- ----------------------------------------------- First Bank of 4ai1 - Dperating Interest 7.520% 1.370% 1.440% -------------------------------- -------------------------------- Balance $2,695,111 $853,737 $1,573,033 $111,853 -------------------------------- -------------------------------- first Bank of Yail - insurance Interest 1.520% 7. 310% 7.440% Balance ----------------- ---- -- --------- --------------- --------------- $250,236 Colorado Trust (Investment Pool) Interest ',.70% Balance $882 Central Bank of Denver Reserve Accounts Interest 5.000 Balance $27,714 Central Bank of Denver Operating Account Interest 1.2?d% Balance $1b,201 Federate Securities Corp. U. S. Treasury Tr ust Reserve Account Interest 7.810$ Balance $10,30G Fidelity Investment Government Money Market Accounts Interest 1.850% Bond Issue Reserve Account :x Balance $932,810 Booth Creek Imp Account ~~ Ealance $185,139 Parking Structure Const fund Account Balance $2,254,559 ---- ---- 54,450,360 ----------- ----------- $~ Account Earnings Subject to Arbitrage Rebate Page 1 3i 4i 90 sjt inumm002 Certificates of Deposit as cf February 28, 1990 Bank Nape, Location Days to Rates Purchase Maturity Maturity Maturity Ins Coupon Yield Date Date at Purchase Value ------------------------------------------------------------------------ First Awerican Bank, Boston Mass FDIC 14.290% 1G.290% 12-Nov-87 12-Nov-90 1096 $99,000 Vail National Bank FDIC 8.750% 8.750% 04-Apr-89 04-Apr-90 365 $10,992 First Federal of the Carolinas, High Point North Carolina FSLIC 10.250% 10.250% 30-Mar-89 30-Mar-9G 365 $99,000 Firstate Financial, Orlando Florida FSLIC 10.500% 10.250% 31-Mar-8S 02-Rpr-90 361 S99,000 San Antonia Federal Savings Bank, Weslaco Texas FSLIC 10.500% 10.500% 03-Apr-89 03-Apr-90 365 $99,000 Security Savings and loan, Chicago Il linois FSLIC 9.954% 4.950% 16-Apr- 18-Apr-90 365 $99,000 Midstate Savings and Loan Associatar~, Baltimore Maryland FSLIC 1G.350% 10.100% 21-Aar-89 I8-Oct-90 545 $99,000 First Savir:gs and loan, Beverly Hills California Reserved Funds FSLIC 10.375% 10.1250 1G-Apr-89 03-Jun-91 784 599,06C Sterling Savings and Loan, Irvine Cal ifornia keserved Funds FSLIC 10.500% 10.250% 1G-Apr-89 02-Dec-91 966 $49,000 Bay loan & Inve:;t ment Bank , East Gree nwich, R1, Reserved Funds FDIC 9.30C% 9,050% il-Jul-89 02-Dec-9i 874 $99,000 Homestead Savinos Association. Middle town. PA, Reserved Funds FSLIC 9.100% 8.900% 2i-Ju1-89 OZ-Dec-91 864 $99,000 Security Pacific State Bank, Irvine, CA FDIC 9.150% 8.900% 11-Jui-89 li-Jul-9G 365 $99,000 East Bank, New York, NY FDIC 9.000% 8.900% li-Joi-89 i1-Ju1-91 -r 30 59=,000 Brentwood Square Savings and .Loan, Los Angeles Ca~:ifornia Reserved Funds FSLIC 10.150% 9.900% 09-May-89 08-May-91 729 599,OOC first Chesire Bank, Keene New Ha~pshire FDIC 10.100% 9.850% 15-May-89 14-May-9G 354 $99,000 Trustcorp Bank, Toledo Ohio FDIC 9.750% 9.890% 12-May-89 14-May-90 367 $99,000 St. Ed~ond's Savings and Loan Association, Philadelphia Pennsylvania FSLIC 10.250% 10.000% 05-May-89 05-Nov-90 549 599,000 Monadnock Bank, Jaffrey New Hampshire FDiC 10.000% 9.750% 12-May-89 14-May-90 367 $99,000 Fidelity Federal Savings Bank, Richmond Virginia FSLIC 10.000% 10.C00% 05-May-89 07-May-90 367 $99,000 Kisiak National Bank, North Miami Florida FDIC 9.100%~ 9.700% 25-May-S9 25-May-90 365 $94,000 Westside Savings and Loan Rssociation, CA FSLIC 9.200% 8,950% 03-Aug-89 12-Mar-90 221 $99,000 Paae 2 Continued Certificates of Deposit as of February 26, 1990 Bank Name. Location Days to Rates Purchase Maturity Maturity Maturity Ins Coupon Yield Date Date at Purchase Value Standard Pacific Savings and Loan, Newport California Reserved funds FSLIC 9.875% 9.670% 26-May-89 28-May-91 732 $99,000 Century Bank and Trust, Somerville Massachusetts Reserved Funds FCIC 9.450% 9.450% 26-May-69 26-Nov-90 549 $99,006 Century Bank of Suffolk, Suffolk Massachusetts Reserved Funds FDIC 9.450% 9.450% 34-May-89 29-Nov-90 548 $99,000 Republic National Bank, Phoenix Arizona Reserved Funds FDIC 9.150% 9.500% 30-May-89 29-Ncu-90 548 $99,000 Lyndonville Savings Bank & Trust, Lyndonville, VT, Reserved Funds FDIC 9.250% 9.050% 26-Ju1-89 O1-Jun-92 1041 $99,000 Mission Viejo National Bank, Mission Viejo, CA FDIC 9.400% 9.150% 10-Ju1-89 05-Apr-90 269 $99,000 Coast Bank, Long Beach, CR FDIC 9.250% 9.000% 10-Ju1-89 IO-JuI-90 365 $99,600 Charter bank for Savings, Santa Fe, NM FSLIC 9.250% 9.000% 10-Ju1-89 13-Ju1-90 368 $99,000 Rvo Yield 9.631% $2,762,492 invcd002 3(09(90 sjt Page 2 VcVer ilTle ri ;. SeCurlLe~ as ot" February 28, 1990 ~~~Treasury Notes & Bills~~* Years to Interest Rate Purchase Maturity Maturity Years to Book Par Type ------ Fund ------------ Coupon ---------- Yield ---------- Date --- ------- Cate ----------- at Purchase ------------ Maturity ------------ Value ----------- Value ------------ 8cnd Pocied Cash 8.875 7.470 - 11-Mar-86 15-Feb-96 9.94 5.97 $230,000 $230,000 Bond Parkins 8.875 9.067; 02-Dec-88 30-Nov-90 1.99 0.75 $250,000 $250,000 Bend Debt Service 9.375 9.63G~ 2S-Feb-89 28-Feb-91 2.00 I.00 $200,000 $200,000 Bond Debt Service 8.250 8.259 31-Aug-89 31-Rug-91 2.06 1.50 $406,000 $406,000 Biil Parking 8.157$ 08-Feb-90 09-Aug-90 0.50 0.44 - - $960,870 ----------- $1,OOC,000 ------------ Average Ma turity Years 1.93 $2,040,870 $2,OBC,004 Average Yield 8.3b$ = =-=-----=-= -=-=-=-===-- #~~Repurchase Agreements~~~ Purchase Maturity Par Institution Yield Date Date Value ------------------------------------------------------------------------------------------ Morgan Stanley ~ 7.850% 1st Deposit Due June 1, 1940 ~ Sinking Fur,d Investment to Retire G.O. Bcnds ~~~6NMA'S$~~ Years to Estimated interest Rate Purchase Maturity Maturity Years to Principal Poel Coupon - - Yield --------- Date ----------- Date ----------- at Purchase ----------- Maturity ------------ Outstanding ------------- ------ 5803 --- ------ E.000~ 8.480 14-Ncv-86 15-Oct-05 19.10 16.00 $42,662 13003 8.000 9.5000 24-Oct-86 I5-Oct-06 20.20 17.00 $58,379 14659 8.000 9.200 24-Oct-86 15-Jan-07 21.20 18.06 $69,b89 Avg Yield 9.123$ $170,730 *$~;.5. Savings Bonds~$~ Years to ISSUe Maturity Maturity Years to Book Maturity Series Yield Cate Date at Purchase Maturity Value Value EE 7.170 O1-Oct-86 O1-Oet-96 10.06 6,67 $19,878 $30,600 ------------------------ ~~#Federal Agency Discount Notes & Bond_~~r Days to Interest Rate Purchase Maturity Maturity Days to Book Maturity Agency Fund Coupon Yield -------- Date ----------- Date ----------- at Purchase ------------ Maturity ------------ .Value ------------ Value ----------- ------ FHLB ------------- Parking --------- 9.400 -- 9.400 25-May-89 25-May-90 365.00 86.00 $500,000 $500,400 FHLB Parking 8.000 B.000~ 25-Jan-9G 25-Jan-91 365.00 331.00 $250,000 $250,000 FHLB Parking 8.205$ 09-Feb-90 O1-Aug-90 173.00 154.C4 $962,565 $1,000,000 r-HLE Parking 8.300 8.060 14-Feb-40 25-Sep-90 223.00 209.00 $1,000,400 $1,000,000 FHLB Parking 8.125 8.130% 15-Feb-90 25-Oct-90 252.00 239.00 $1,000,000 $1,004,000 FNMA Pooled Cash 8.265 23-Feb-90 26-Oct-90 245.00 244.00 $710,188 $750,000 FHLB Pooled Cash 6.400 8.170 15-Feb-90 26-Nov-90 284.00 271.00 $500,000 $500,000 FFC Pooled Cash 6.300 6.300% O1-Mar-90 04-Sep-90 187.04 188.00 $1,000,000 $1,404,000 FHMC Pooled Cash 8.170 30-Jan-9G 20-Nov-90 294.04 265.00 $703;143 $756,000 FHMC Parking 8.170 30-Jan-90 24-Ncv-90 294.00 265.06 $234,s81 $254,000 ----- - - - ----------- $b,860,271 ----------- ----------- ------- $7,000,000 ------------ ------------ Average Yield Average Maturity Days 8.27$ 250 Total $9,691,755 3/09/90 sjt invtr002 Page 3 t~C'0 MAR 151990 The Vail Town Council 75 S. Frontage Rd. Vail, Co. 81657 To The Vail Town Council, March 13, 1990 In his letter of March 9th, Pepi Langegger let us know that he does not favor legislation that would limit smoking in public places. He implies that "freedom of choice so long as it is not at the expense of others" should take precedent over legislation that would limit that freedom. Apparently decrying that local government would even consider this ordinance, he goes on to say that "we need to address the important issues of our community, plan for economic growth. in a clean environment and beep our streets safe from criminals and drug dealers". I see many contradictions in his statements. His "drug dealers" and their customers operate solely on the "freed.om of choice" principle. And what of my choice to breath clean air? He thinks people should. have the right to cough smoke in my face but government has no right to pass laws that provide for clean air. But then he writes that "clean environment" should be a priority of government. I'm confused. And apparently Pepi is too. As soon as you buy into his freedoms of choice, you take away mine. For the record, non-smokers do not constitute a "small self-interest minority" as he suggests. On the contrary, nationally they are a 75% majority and growing. Perhaps if fewer businesses prohibited smoking, they would understand this through increased sales. And last but not least, I could hardly be happier with Mayor Bill Stirling of Aspen. He stood up for what he believed in when he could not possibly gain personally. And his position on fur was made perfectly ciear before he was elected. He is a man of integrity and vision. Unfortunately, many ignorant people too easily buy into Pepi's "freedom of choice" paranoia and the fur ban did not pass. This does not mean that we should ever give up the struggle to make this world a better place for all life. Than u, ~~~/ Tom Fitch P.O. 3152 Vail, Co. cc: The Vail Trail ~,. lowo o uai '~ 75 south frontage road vast, Colorado 81657 (303) 479-2100 office of mayor March 13, 1990 Mr. Tim Garton, Chairperson Vail Metropolitan Recreation District 292 West Meadow Drive Vail, CO 81657 RE: Joint VMRD Project Review Dear Tim: At our recent joint work session, the idea of a project check list was recommended to allow for better coordination between the Vail Metropolitan Recreation District and Town Council when VMRD projects are proposed on Town of Vail land. The following steps are suggested to streamline project development: 1. VMRD staff meets with the Community Development Department to determine the appropriate review process and information that would need to be submitted for the project . 2. VMRD discusses proposal with Town Council at a work session. At this point, the Town Council should hold a public hearing to determine if the project should proceed through the planing process. Information that would be helpful at this point in the review would include a general written description of the project idea, cost estimates and a justification for the need for the project. 3. If the Council agrees, the project should proceed through the planning process, a lease agreement should be drafted and approved by both groups prior to considerations by the PEC/DRB. 4. The VMRD staff would prepare a submittal for the Planning and Environmental Commission if necessary as well as Design Review Board. 5. Once PEC approval has been obtained, the project would ' proceed to the Design Review Board. 6. After DRB approval is obtained, .the VMRD would present the proposal to the Town Council for final approval. 7. Once. DRB has approved the project, the VMRD staff would prepare a submittal for building permit review. For most projects, it is necessary to provide the following information: 1. Owners approval. 2. Title report showing schedules A & B. 3. Survey. 4. Site Plan. 5. Building elevations. 6. Floor plans. 7. Landscape plan. 8. Parking plan. 9. Geologic hazard report, if necessary. (Submit as soon as possible but no later than building permit stage.) 10. Colors and material samples (for DRB). 11. Drainage plan. 12. Grading plan. Certain projects will not require all of the submittal information. I suggest that your staff schedule a meeting with the Community Development Department staff as soon as possible to ensure that you know exactly what submittal requirements will be necessary for a specific proposal. We feel that outlining and agreeing upon the review process for joint VMRD/TOV projects is a positive step forward. Please contact Kristan Pritz if you have any questions about the project review process. Sincerely, Kent R. Rose Mayor cc: Pat Dodson Ron Phillips Kristan Pritz Mike Mollica Shelly Mello lowo of rai 75 south frontage road vail, Colorado 81657 (303) 479-2100 office of mayor March 13, 1990 Mr. Rick Haltermann Villa Cortina Condominium Association P.O. Box 1012 Vail, CO 81658 RE: Town of Vail policy on requiring Condominium Association approval for building permits. Dear Rick: I am writing in response to your letter concerning condominium association approval before a building permit is issued by the Town of Vail. The Town policy is that we will not require condominium association approval unless the owner is proposing construction within a portion of the project that is commonly owned such as a limited common element or general common element. When a condominium owner proposes construction within a unit that is solely owned by the condominium owner, the Town does not require condo association approval. On the other hand, if construction is proposed for a common area, condominium association approval is required. The staff does try to encourage applicants to get condominium association approval, as this approach normally makes the construction process go much smoother. However, at this time, we can not require the condominium association letter. In your letter, you reference that the Town of Vail now requires condominium association approval for a Bed and Breakfast operation. The Bed and Breakfast Ordinance contains the following provision for a Bed and Breakfast within a condominiumized building: Section 16-B-5: If a Bed and Breakfast operation shall use property or facilities owned in common or iointly with other property owners such as parking spaces or a driveway in a duplex subdivision, by way or example and not limitation, the written approval of the other property owner, owners or applicable owner's association shall be required to be submitted with the application for a conditional use permit. This provision basically states the same approach we are using with our building permits. This issue was debated thoroughly by the Council and it was decided that this was the most reasonable way to handle condominium association approvals for Bed and Breakfast. If you have any further questions about condominium association approval for building permits, please feel free to contact Kristan Pritz. A time could be scheduled for a work session with the Town Council on this issue if you wish. Sincerely, ~~'~ v ~ ~ G~~~ Kent R. Rose Mayor cc: Kristan Pritz Larry Eskwith Ron Phillips Gary Murrain Mike Mollica Shelly Mello -; ~n Quarter Circle Box T Marketin a division of Quarter Circle Boz T, Inc. g MEMORANDUM T0: The Town Meeting rkOh+I: i?~;~V_~r ~r'v'- Tilkrliirl~'1' ~UB~ECT: Summer Tourism D~.TE: 2/24/$? y_..~ T.r.__ --, ~, ... %~`~._ r..i1 -..}:::,^~ r~•~1 ,"~i11 r. r; r^,Y v:. !r,!'~}h .1rrt^ r+r1'GCr/rl+ t-++ C• Y"ath r '-' a~ • 1 ... ~~w .: liic Lai ~:a .t _ t,,. .-~.- r. ?.:~tN •~.. •.1t'. 't".~.:; "i.:`t~.. _'.'_irlc; _~..-_~:i7~"r ~:'?1L:i.!`.':' ~'•~ 11]Zf~•'=;t1rl~ In ~ nl~'='=:1'*.~ S=~. ~' T'K , r-:,~ - - - rnimin~, r .?c.l. Y 1- ,.,.: ,.... ,~~ Lii,lf 1 rn._. 1 •:. ar.: . :_~-_ ;_-,t-, - ~...:;Ii . pit " r, _ -~;:>3r.r~,. ~:rt.~.n~:i~'r:i ~t~. Effµt:tiTr~ a t. at_ _•::~ A- 1- _-•;*~ i•,',??Ilt,2•u ~-lt?,rr-~tt'1';jS 1 ,/ r'. `: G-~r r'r~r r ': r i i7 r .1 rh.r_ .~r.tY~. ,=:II 'UI"5`' b; a4.i~in~, a a».n•l:~r } - ~' ii: i.'~r~-. :•l;;,r ~p.~~11 ~.'4r1 .~l ~ ai Y ln~ ~ ..~.. tllr;_i ~r~'Yll _~. .~, i~ i t ~ i -a iii 1J4. i~'i ~ 1. ~. ;~ 1.. r- ~..-- +_:'ti:~ir:~?j.=;Y 1-N'.,~1:~:_11~_ l.i :~ social center f~:~r .1t:"~r'Iltrrr ,.•; veil ~t~, retii<:irlit .. ..:iii +:~'•r•~ri=-: -- ..iii: ~=~.~,:Li%lr:~ :'r;r;>>` =:~ct`~' of tti ~• :Tr':rirllrtiri~~ t:~*-iT18.n:~. If ~~.n :... . ; ~ .. -~: _ : ~ .. _ ::lip:tr:'1 ~.i:: _~ i~r _ l:~ttil~: i'. _; j. t ,~ ;, li::~<_ i if ~;.;~ .;:,r. - l-. - - - _ - - - __ ___ .. ._ _ : _ _ Yr_ .. r... .. :1. ~~.. :i7t':..~ - ii' `_ 'tY TtT-.i:r -0r.i•7 .. *- y i -Tr--- ~ ~' iri r=.: ~t~itf1~ T12'~7 fli._~:1~ ~'r11 t?1._ .•;1 .It^~F .. S11'_-iii~.s }'tom j~1,~f~ f~r~~. T, tJ.. t.i~%'-.r~"f~i fl i:. ~'. .. ;tlr;?1 ~ ~ .. . rl=-._ ~~ri.% Y,:.. ,p:;r ;'~* rtt r'~i-% r: r ~ Tv...r ^~ 1- - . _. _ ?ii .. __ Lt.. ~;1. ..1 __ Ali ~ -:: r lt... al:a ~111o u.,•Yi :triL: t.~lrn de~~ldr ll t2ie.t 1S C1iz n1<~t pI'oduLtl'•re i1Se VI those CloilarS. 3-rna.r~abe g,~lf c~~ur~ nic:rre intensively_ tc, accommodate tourists at prime ar~i=-•~ ;l.i,~a =:Yliit.ia~; pas• h~~rlder tini~~, t~~ nen-prime ur paling full fue a 13 *4h~ c:;ni::::ailt=~ ski paw. C<}nit _~~'*:a.t:~i~ ~_,'~nlrnel' cap~.cit;a iS an undetArmined number but. not anywriere clos? to ~~in~:er taecs.use our entertainment oriented renewable resource -- snow -- is gone. ~Te can't build enough summer entertainment facilities in our available space to ,~ta~.fTr Wllitrr liuliikier,, so I said -- and the incfemrntal cysts per added tourist f~~r ne°,~ conventionrrnassive swimmingr' new golf facilities is horrendous. ~'~..:::n:: c~-tp,i4.4;,~ limitat~cns, hov~•ever. apply enl~ to the very thin destination ri~~t:l:at f ~r 'Nl"ir~~rn .,~.e must suppl;F receation facilities. Unfortunately we are so ~~etYrrfilne<~ t~? cii~ the s.me thing in the Summer as w? do in the winter -- serge ~'i-?S'1n8.rir.,P ,,,1~SCS -- r_.h?.t we Scare ~.v,.~.y th8 ma_jcrity Of summer tauristS_ They ain't destination oriented! Roger ~P. Tilkemeier Bo= ?42 fail, Colorado 81668 303/476-6801 carter Circle Box T T - Marketin a division of Quarter Circle Boa T, Inc. g 1iEMORANDt!A TU: VMRD ~-U r cc: Town Council FROM: Roger Tilkemeier . ,~ Marketing Committee SL~BJECT~ Vail Swimming The Vail Trail DATE: 2/20/90 The Vail Daily t~'ith all the turmoil of the Aquatic Center, the recent reiteration by the ',Marketing Committee of a•hy people come to Sail and the proposal by the V:~iRD to look at a E?00,000 ice arena ~2, I searched my computer fora letter a-ritten 3 years ago almost to the dav. That letter was a recap of remarks made at a Town 'Meeting to discuss capital projects and Summer ~~ail. The original reason for searching for the letter v--as to quote what I thought then a~as a reasonable solution to the swimming pool issue. The location of a p~u~~lic pact at the Golf Course Clubhouse is still a valid solution. It would ~~rorade the public golf course to a Country Club atmosphere and would pr~wide a social gathering place, a mater sports teaching facility as well as an athletic tacil!ty. If demand is there. it could be designed as an indoor/out- do~r pool. The infrastructure is already in place -- parking --bus route -- restaurant -- utilities -- good sun exposure -- visibility -- all of which should contribute to a better facility for less money. As I re-read that February 24, 1987 letter, I realized that it addressed many of the issues that are still being discussed and for which solutions have not been found. Since there are new faces on most of the public bodies that are concerned with those issues, copies of that letter are attached for their review. The things that I have suggested need not be terribly expensive. The whole package could be put in place for millions Less than the Aquatic Center and could be ready to go with fairly short lead times. It will take open minds to accept these solutions as facts -- but we have paid for two studies now that have told us the same thing -- people come here in the summer to shop. eat and sightsee. That is a 2 day -- at the mat a 3 day event. Don't ignore the desireable destination guest but do provide summer tourists with their needs and desires and stop trying to make them into something that they are not. They a~ill fill beds and spend money if we make it easy and attractive. Roger ~P. Tilkemeier Boa ?42 4ai1, Colorado 81668 303/476-b801 Yail Metropolitan Recreation District PG 1 Reverxies snd Expenditures Budget-Actusl Month Ending JANUARY 31, 1990 CUR PER CUR PER Cll1 TTD CUM TTD X of 1990 1990 1 JAN 89 JAN 90 JAN 89 JAN 90 BUDGET BUDGET Golf Revenues Golf passes 0 0 0 0 0.0 111,600 Green fees 0 0 0 0 0.0 650,000 Cart rentals 0 0 0 0 0.0 157,000 Clubhouse lease 5,500 2,750 5,500 2,750 8.3 33,000 Net Range 0 0 0 0 0.0 12,000 Total Revenue 5,500 2,750 5,500 2,750 0.3 963,600 Golf Expenses Golf Course Maintenance 15,757 15,952 15,757 15,952 5.2 309,426 Equipment Maintenance 1,625 2,341 1,625 2,341 4.0 57,900 Clubhouse Operations 2,988 4,394 2,988 4,394 2.0 218,158 Carts 0 275 0 275 7.6 3,600 Total Expenses 20,370 22,962 20,370 22,962 3.9 589,084 Golf Revenue Over (Under) (14,870) (20,212) (14,870) <20,212) •5.4 374,516 Expenses ____________ ______________ ____________ _______" Terris Revenue 0 0 0 0 0.0 35,100 Terris Expenses 379 81 379 81 0.1 77,259 Temia Reverxie Over (Under) Expenses (379) (81) <379) (81) 0.2 (42,159) Ice Arena Reverwes 36,280 53,180 36,280 53,180 9.6 556,830 Ice Arens Expenses 44,041 41,320 49,041 41,320 6.2 662,728 Ice Arena Revenue Over (Under) Expenses (12,761) 11,860 (12,761) 11,860 -11.2 (105,898) s=ssassasssssssxsaasssssss-seasssssscs ssesassss-_szss:ssssxsasssss Gen Rec Reverxxs 7,733 9,123 7,733 9,123 3.6 250,530 Gen Rec Expenses 17,983 24,865 17,983 24,865 4.6 537,642 General Rec Revenue Over (Under) Expenses (10,250) (15,742) (10,250) (15,742) 5.5 (287,112) ~c e ~~~, ~~~ a~~' Registration will be open Tuesday. fro^ 7:30 a.~~ until 8:0o p.a. and is located in the Crystal Peak roo~ on the lower .level of the new Hyatt Regency - Beaver Creek. Volunteers will be on hand to issue your credentials and answer any questions you aay have regarding the weeks activities. Your credentials will be honored at both the Beaver Creek and Vail ski lifts and will adeit you to the Hospitality Tent on race days. Thank you for your support of this event. We look forward to seeing you at the 1990 American Ski Classic. If you have any questions, please call me at the Vail Valley Foundation, (303) 176-9500. Sincerely. Cecilia Folz Project Ad®inistrator Yail Valley Foundation PG 3 CUR PER CUR PER CUM TTD CUM TTD X of 1990 1990 JAN 89 JAN 90 JAN 89 JAN 90 BUDGET BUDGET Capital Projects S Login Proceeds•ternis constr 0 0 0 Capital Outlay Golf Course Improvements 0 0 0 0 0.0 165,708 Ford Park Temis Courts 10,633 10,633 0 Ruining Track 0 p 0 Dobson Water Heat Exchg 0 0 0.0 9,000 ~ Dobson Heat Exchanger 0 0 0.0 17,000 Dobson Rinktex Floor Repl 0 0 0.0 15,000 Golf Carts•Cap Res Accrual 3,000 3,000 8.6 35,000 Dobson-Zamb/Refrig Cap Res 742 742 8.3 8,896 Net Capital Outlay 0 14,375 0 14,375 5.7 250,604 Total Reverx~e Over (Under) Expenses (157,342) (68,668) (157,342) (68,668) -126.8 54,155 Begirning Fund Balance 1/1/90 91,149 91,149 Ending Fund Balance 1/31/90 22,481 Budgeted Furl Balance 12/31/90 145.304 __==_~~ °, AGENDA REGULAR MEETING VAIL METROPOLITAN RECREATION DISTRICT r BOARD OF DIRECTORS WEDNESDAY, FEBRIIARY 28, 1990 VAIL TOWN COUNCIL CHAMBERS 2:00 PM 2:00 PM SITE VISIT TO TENNIS FACILITY 2:30 PM EXECUTIVE SESSION - Personnel Matters - IIpstairs conf. room 3:00 PM REGULAR MEETING 1. Call to Order 3:00 PM 2. Approval of Minutes 2/14/90 (See attached) 3. Financial Report ending 1/31/90 (see attached) - Brian. Jones 4. Approval of 1990 user fees 5. Approval of 1990 contracts A. Head Golf Pro B. Concession - Driving Range & Pro Shop C. Director of Tennis 6. Resolution for Board Election - 5/8/90-(see attached) Motion to approve 7. Eagle Vail / VMRD Consolidation Study - Jeff Winston 8. Skating Club of Vail & Junior Olympics - Free rental of Ice Arena request - (see attached Molloy letter) 9. Golf Course Maintenance parcel - see attached Phillips letter 10. Golf Course Sub Committee A. Irrigation project, phase II, $147,335.76 (see attached Molloy letter) B. Colorado World of Golf Advertisement - $653 11. Approval of Purchase Orders 12. 5:30 PM Eagle County recreation election presentation by Eagle County Task Force ATTACHMENTS: Minutes 2/14/90 Financial report ending 1/31/90 Resolution of Election Molloy's letter - DIA Phillips letter Molloy letter - golf irrigation Tilkemeier Letter - FYI American Ski Classic - FYI Schedule of 1990 Ice Rink Revenues i Expenses Programs and Ice Rentals North Ending JANUARY 31, 1990 -•-•----- REVENUES ---••-•-- •---- DIRECT EXPENSES ••••-- ACTUAL PERCENT ACTUAL PERCENT NET REV BUDGET Cum TTD YTD BUDGET Cum YTD YTD OR <LOSS> PUBLIC SKATING PASSES 55,400 5417 7.7 GUEST FEES 540,000 56,424 16.1 SKATE RENTAL S15,000 52,624 17.5 560,400 59,465 15.7 29,465 FIGURE SKATING SCHOOL 581,000 50 0.0 539,800 SO 0.0 SO SKATING CLASSES 55,000 13,383 67.7 55,000 5930 18.6 52,453 JR HOCKEY 519,000 SO 0.0 51,100 SO 0.0 SO LADIES HOCKEY 55,000 SO 0.0 50 HENS HOCKEY 59,000 5807 9.0 5807 SKATING CLUB OF VAIL 518,000 SO 0.0 SO SUMMER HOCKEY CAMPS 528,750 SO 0.0 517,375 SO 0.0 SO EAGLE COUNTY SCHOOL 52,500 SO 0.0 50 CONCESS 8 VENDING 565,000 510,227 15.7 544,338 54,978 11.2 55,249 SKATE SHARPENING 52,000 1566 28.3 5566 LOCKER REVENUE 51,500 5261 17.4 5261 RINK RENTAL 528,080 5400 5400 HOUSE SERVICES 56,000 SO i0 5331,230 525,109 7.6 5107,613 55,908 5.5 519,201 SPECIAL EVENTS (See Page 5.) 5221,600 528,065 12.7 5161,608 52,396 1.5 525,669 5552,830 153,174 9.6 5269,221 58,304 3.1 544,870 DOBSON OVERHEAD/MISC (4,000 56 0.2 5393,507 533,016 8.4 (533,010) ~~~ascecaee.eeva~ses~~ce==~enmssc~»zseecae~cco~a~=eexmasxes sezsasasssa (556,830 553,180 9.6 5662,728 541,320 6.2 !11,860 PG S VAIL METROPOLITAN RECREATION DISTRICT FINANCIAL REPORT FOR MONTH ENDING JANUARY 31, 1990 REVENUES AND EXPENDITURES BUDGET-ACTUAL ...............PAGE 1 - 3 1/31/90 SCHEDULE OF GENERAL RECREATION REVENUE & EXPENSES.....PAGE 4 SCHEDULE OF ICE RINK REVENUES & EXPENSES FOR PROGRAMS & ICE RENTALS .......................PAGE 5 SCHEDULE OF ICE RINK REVENUES ~ EXPENSES FOR SPECIAL EVENTS ...............................PAGE 6 CASH SUMMARY ..........................................PAGE 7 Vail Metropolitan Recreation District Cash Summary Month Ending JANUAR7 31, 1990 NOU Payroll Account Aceount Total Beq Balance 12/31/89 5110,043 51,543 5111,586 Receipts 596,184 5118,678 5214,862 Disbursements (5131,693) {5118,631) (5250,324) Ending Balance 1/1/31 574,534 S1,590 576,124 ' --------------------------------------- --------------------------------------- * NOTE: This excludes a capital reserve of 567,142. PG 7 PG 2 CUR PER CUR PER CUN 1'TD CUM YTO X of 1990 1990 JAN 89 JAN 90 JAN 89 JAN 90 BUDGET BUDGET Other Expenses: Vt6tD Administration 45,749 28,602 45,749 28,6021' 6.8 420,900 Aquatic Center 5,555 5,555 0 Park Maintenance 0 0 0.0 29,182 3 45,749 34,157 45,749 34,157 7.6 450,082 Total Operating Revenue Over (Under) Expenses (84,009) (58,332) (84,009) (58,332) 11.4 (510,735) Non Operating Reverxies Interest Income 1,830 1,605 1,830 1,605 8.0 20,000 Town of Vail Contract 0 0 0 0~ 0.0 543,243 Other TOV Payments 0 0 0 0 0.0 24,000 Property taxes & specific 0 2,018 0 2,018 0.4 451,925 lottery proceeds 0 0 0 0 0.0 5,200 Misc Revenue 0 416 0 416 4.4 9,500 1,830 4,039 1,830 4,039 0.4 1,053,868 Non Operating Expenses Debt Service 75,163 0 75,163 0 0.0 238,374 Net Non Operating Revenue (73,333) 4,039 (73,333) 4,039 0.5 815,494 ==s.e..ecec.cncczc....ez..cc.....xsc~vsese.exs....aa.enecee..ss:ss:a GEM REC PROGRAMS VOLLEYBALL TOURN SOFTBALL LEAGUES SOFTBALL TOURNAMENT SOCCER LEAGUES SOCCER CAMP FOOTBALL CAMP BASKETBALL CAMP VOLLEYBALL CAMP SPECIAL PROGRAMS GEN REC RACES RED SANDSTONE PROGRAMS OPEN GYM SOCCER BASKETBALL VOLLEYBALL AFTER SCHOOL GYMNASTICS GYMNASTICS CAMP POTPOURRI CAMP OUTDOOR ICE RINK NATURE CENTER GEN REC OVERNEAD/MISC Ya1TN CENTER Schedule of 1989 General Rec Revenues i Expenses Month Ending JANUARY 31, 1990 -••---... REVENUES ......... ......... EXPENSES -. ....... ACTUAL PERCENT ACTUAL PERCENT NET REV BUDGET Cum YTD YTD BUDGET Cum TTD TTO OR <LOSS> 510,750 SO 0.0 56,340 164 1.0 (f64) 530,000 SO 0.0 528,253 50 0.0 50 514,300 t0 0.0 511,138 50 0.0 SO !3,950 50 0.0 55,225 50 0.0 50 (65,800 SO 0.0 (60,350 5849 1.4 (5849) 5880 50 0.0 5880 50 0.0 50 51,050 5210 20.0 5750 5245 32.7 (535) 52,800 5360 12.9 51,650 SO 0.0 (360 !10,500 50 0.0 512,250 50 0.0 SO 510,000 518 0.2 57,970 (396 S.0 (5378) 5150,030 5588 0.4 5134,806 51,554 1.2 (5966) 51,800 5465 SO SO 5465 5800 5830 103.8 5570 S397 69.6 5433 54,800 51,280 26.7 52,400 5518 21.6 5762 52,880 51,230 42.7 51,000 5470 47.0 5760 58,300 51,091 13.1 51,650 5842 51.0 5249 f13,200 5450 7.2 51b,320 5750 4.6 5200 520,000 t0 0.0 f17,390 SO 0.0 50 !51,780 55,846 11.3 539,330 f2,977 7.6 52,869 533,520 50 0.0 533,518 5178 0.5 (5178) f0 52,423 50 52,500 (577) (7,000 50 0.0 (60,609 5360 0.6 (5360) (117,663 57,928 6.7 (57,928) ------=-=-==-=-==--=-======-== -=-~==___=__=====_~_~=____=~~:___ ..:n 5242,330 58,857 3.7 (385,926 515,497 4.0 (56,640) (8,200 5316 3.9 5151,716 59,368 6.2 (59,052) 5250,530 59,173 3.7 5537,642 f24,865 4.6 (515,692) PG 4 Section 8. That no ballot shall be received by said judges unless the person offering the same shall be an elector of the District, i.e., that he or she must be over the age of eighteen (18) years, and a citizen of the United States who has resided in the State no less than thirty-two (32) days, and who is registered to vote in a general election in the State of Colorado; and (a) who has been a resident of the District for not less than thirty-two (32) days; or (b) who or whose spouse owns taxable real or personal property within the boundaries of the District, whether said person resides within the District or not; or (c) who or whose spouse is obligated to pay taxes under a contract to purchase taxable property situated within the District. Section 9. That immediately after closing the polls, the judges shall open the ballot box, count the ballots without adjournment until finished, and promptly certify the result and make their returns to the Secretary of the District. All persons, except judges and watchers, shall be excluded from the polling place until the count has been completed. After the ballots have been counted, they shall be returned to the ballot box, and the ballot box shall be sealed and returned to the Secretary of the District. Section 10. That upon receiving all certified returns of the election, the Secretary shall submit the same to the Board of Directors, at a meeting to be held not more than twenty-four hours after such receipt on May 9, 1990 at 3:00 o'clock p.m., and the Board shall examine the certificate of returns and shall canvass the votes cast. Upon conclusion of such canvass, the Board shall make out and post a certificate of the election results at the regular meeting place of the District and prepare and deliver a certificate of election to those candidates who received the highest number of votes. The Secretary shall forward a duplicate of such certificate of election results, the business address, the telephone number, and the name of a contact person of the District, together with the mailing address of each elected Director, to the Division of Local Government of the State of Colorado and to the County Clerk and Recorder. Section 11. That the Secretary of the District shall be and is hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this resolution or of special district election laws. The Board hereby appoints Sue Lottman as an assistant secretary to assist the Secretary in performing his or her duties, and to receive and process absent voter applications at the District's office, 292 West Meadow Drive, Vail, Colorado. Section 12. That all orders, by-laws and resolutions, or parts thereof, in conflict with this resolution are hereby repealed. Schedule of 1990 Special Event PG 6 Reverxxs and Expenses Month Ending JANUARY 31, 1990 -••---•-- REVENUES -•------- ----- DIRECT EXPENSES •----- ACTUAL PERCENT ACTUAL PERCENT NET REV EVENT DAYS BUDGET Cum YTD YTD BIAGET Cum YTD TTD OR <LOSS> NBO Show 4 (4,800 524,065 8 501.4 (770 523,295 g Vsil Rocks 1 (2,500 (2,500 100.0 S2,SOO American Ski Classic 1 12,500 f0 0.0 SO Volleyball Tournament 2 (2,400 f0 0.0 SO Mo Check Tournament 4 14,800 SO 0.0 10 Symph of Sports 7 (91,000 SO 0.0 592,585 fO 0.0 fO ~ PSGA 2 52,400 f0 0.0 f0 Figure Skating Comp 4 (4,800 SO 0.0 10 Kent Feeds Ice Show 1 (2,500 f1,500 60.0 f1,SOO Ice Dance Yeekend 3 (3,600 f0 0.0 10 World Wide COG 9 (9,600 f0 0.0 10 Ski Swap 3 53,600 SO 0.0 f0 YJH Tournament 4 (4,800 f0 0.0 f0 Kraft Westman 3 (7,500 f0 SO Nutcracker G (4,800 f0 0.0 10 Christmas Show w (70,000 f0 0.0 (52,817 f0 0.0 SO New Years Eve 1 f0 f0 fO Spec Event Overhead (16,206 (1,626 10.0 <fi,626)i~ 5221,600 (28,065 12.7 (161,608 12,3% 1.5 125,669 1/31/90 Financial Report Footnotes 1) The new 1990 budget has been inserted here. 2) Not a valid comparison due to allocation of General Recreation overhead out of VMFtD Administration. 3) Administration of this department is being determined. 4) Will receive January and February payments in February based on new calculations. 5) Received $250,000 of funding for the Ford Park tennis court project in February. 6) TOV will pay for these two items. 7) This was the 12/31/89 ending fund balance (exclusive of audit adjustments). 8 ) Have rot yet received bill for 1/2 of revenues collected which are contractually owed. This figure will be reduced accordingly. 9) SOS obviously will not be happening this year. The budgeted figures are nevertheless shown here. 10) Special event overhead has been pulled out of Dobson Arena overhead and is shown here. ELECTION RESOLOTION WHEREAS, the terms of office of Directors George Knox, Tim Garton, and Merv Lapin shall expire n May 8, 1990; and WHEREAS, by virtue of the Special District Act, a regular election must be held on May 8, 1990, to elect three (3) Directors to serve for a tern; of four years. NOW, THEREFORE, be it resolved by the Board of Directors of the Vail Metropolitan Recreation District in the County of Eagle, State of Colorado: Section 1. That a regular election of the electors of this District shall be held within the District on May 8, 1990, between the hours of 7:00 a.m. and 7:00 p.m., at which election there shall be submitted to the electors the question of electing three (3) Directors for a term of four years. Section 2. That election ballots shall be prepared and furnished by the Secretary of the District to the judges of election, who in turn shall provide all necessary ballots to the electors. Section 3. That there is hereby established one (1) polling place in the District located at: Town of Vail Municipal Building 75 South Frontage Road Vail, CO 81657 situate in the County of Eagle, State of Colorado. Said polling place shall also be the polling place for handicapped voters and for electors not residing in the District. Section 4. That the Secretary of District shall publish and post the required notices of said election in accordance with statutory requirements. Section 5. That the Secretary of the District shall obtain a property owners' list from the County Assessor and a registration list from the County Clerk and Recorder at least 10 days prior to the day of the election. Section 6. That said election shall be held and conducted in conformity with all applicable special district election laws, as set forth in Part 8 of Article 1, Title 32, C.R.S. Section 7. Four election judges shall be appointed by the Board prior to the election and the list of all persons so appointed shall be deposited with the County Clerk and Recorder Mr. Bill Wood February 15, 1990 .Page 2 two parcels. A letter of intent to purchase both parcels will be coming to you from the Town of Vail under separate cover. Please let us know if anything else is necessary to guarantee our acquisition of the land. 4. As you recall, we discussed the possibility of the money the Town pays for the Spraddle Creek parcel staying in the Holy Cross Ranger District for developmental purposes which would benefit both the District and the Town of Vail. Our idea is that the money spent to purchase the Spraddle Creek parcel could offset most, if not all, of the development ccsts for the Gore Creek parcel and perhaps even be used to enhance the recreation development of the Dowd Junction Rest Area and recreation site adjacent to your proposed new offices. It is our understanding from the meeting that type of proposal requires Congressional action for approval. We will be proceeding to contact our Congressional delegation to request special legislation to allow that cooperative partnership to occur. It is also my understanding from our discussion that the Golf Course Maintenance parcel would be purchased under the Sisk Act and under that Act, the purchase amount will remain in the Wh=:te River National Forest for purchasing other private land for public purposes. It is my further understanding that the Golf Course Mainte^a^ce parcel under the Sisk Act will be appraised for its present use ar,d not for some projected higher economic use that would make it more expensive. Enclosed with this letter are copies of the Vail Land Use Plan and the Uail Village Master Plan for your records. These may be helpful to you and the Forest Supervisor's Office in approaching the planning process for the Land Ownership Adjustment Analysis and amendment process to the White River National Forest Plan. The Town of Vail will be very interested in working with you in that process because of the Town's interest in seeing that no further Forest Service land surrounding the Town of Vail is sold into private hands for. private development. Thank you again for the information, and we look forward to working with you over the next few months in accomplishing. all those. issues outlined above. Sinc el , Rondall V. Phillips Town Manager RVP/bsc Enclosures cc: Vail Town Council Larry Eskwith Vail Metropolitan Recreation District Board of Directors Section 13. THat if any section, paragraph, clause or provision of this resolution shall, for any reason, beheld invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 14. That this resolution shall promote the health, safety, security and general welfare of the inhabitants of the District, and that this resolution shall be effective and in force immediately upon its adoption. Adopted by the Board of Directors of the Vail Metropolitan Recreation District this 28th day of February, 1990. VAIL METROPOLITAN RECREATION DISTRICT BY Secretary, Gail Molloy (2/19/90) carter Circle Box T T - Marketin a division of Quarter Circle Boa T, Inc. g I~4EMORANDtI. T0: VMRD cc: Town Council FROM: Roger Tilkemeier . ,~ Marketing Committee SLBJECT~ Vail Sa-imming The Vail Trail D.~TE: 2/20/90 The Vail Daily QL'ith ali the turmoil of the Aquatic Center, the recent reiteration by the '.1arketing Committee of u•h~• people come to ti'ail and the proposal by the ~''~iRD to look at a $?00,000 ice arena ~2, I searched my computer for a letter a-ritten 3 }ears ago almost to the day. That letter was a recap of remarks made at a Town 1~ieeting to discuss capital projects and Summer hail. The original reason for searching for the letter v--as to quote what I thought thin a-as a reasonable solution to the swimming pool issue. The location of a Eau"-lic pac~l at the Coil Course Clubhouse is still a valid solution. It would upgrade the public golf course to a Country Club atmosphere and would ~r~~.'ide a social gathering place, a mater spt>rts teaching facility as well as an athletic iacilit~-. If demand is there. it could be designed as an indoor/out- door pool. The infrastructure is already in place -- parking --bus route -- restaurant -- utilities -- good sun exposure -- visibility -- all of which should contribute to a better facility for less money. As I re-read that February 24, 1987 letter, I realized that it addressed many of the issues that are still being discussed and for which solutions have not been found. Since there are new faces on most of the public bodies that are concerned with those issues, copies of that letter are attached for their review. The things that I have suggested need not be terribly expensive. The whole package could be put in place for millions less than the Aquatic Center and could be ready to go with fairly short lead times. It will take open minds to accept these solutions as facts -- but we have paid for two studies now that have told us the same thing -- people come here in the summer to shop, eat and sighlsee. That is a 2 day -- at the max a 3 day event. Don't ignore the desireable destination guest but do provide summer tourists with their needs and desires and stop trying to make them into something that they are not. They will fill beds and spend money if we make it easy and attractive. Roger oP. Tilkemeier Boa 742 Vail, Colorado 81668 303/4?6-6801 carter Circle Box T T - Marketin a division of Quarter Circle Boa T, Inc. g MEh~IORANDUM Td: The Town Meeting r'kUM : ~:~y4_ ~r vv' . Tilk?2lieier SUBJECT: Summer Tourism DATE: 2/24/$7 ~...~ T.. - - r•... ..-. r.:~, t~~ y~•.i,...}. 'r. r, y r} .~i n i -i~ r• -.• ~;- .~. 1111. r1 '- i ~~.. .:'LaL lal :~l 1~:.1 J.. L. +.~.: ni: N LL. '.~iJ41 r;='=~ ":'- -`'~- _^'ir:~; _~._i:2?i''?- k°71'_!:i"-: ~'` lli~''r'=;~1nJ 121 a IIl~'='i'•T~ 1S'Arrii22112?c tn'`~t?l.'~~~~1- -.ice.. ''.Y, rtt~;, }~i ;_f~- {::..f', •";, iij'Y}T v C' ''t v f r):•' 1Tra f+r *,Ti:C 1S' : 1... _ ~ . •-11 :: r„ ~~~->3 ~.r _•r ~::~~:a.n._ ic~.i . t.:-. EI f ;. _ t... _ alt.:. n.~+.ti f _ : ar .. . i --'---• _ -- 1- :_-_,*~ f"~~:~~~r~rr.. ~-},~.r:t _~r2-;i,~ir,r,::r: ,,r, tY~~ ~~cili f~aur5e b-: ai:i<:~ir~rt a av.ni~~r L - . L' .'r •, ~. ..i^ 1 ~.~r~. 7 ?t ,i!" , ,G-'Y `' (. ~, ; ~ fl f~l% ~ t~: ,~t. _.•~1.~.~<_ .•1::'T c~i:~..I .:.,h :lifirl_ 'L' ~+n _i r..lli~?.p' .~. -:vj:l:_ .f telini~_ _.t.r _ _ , '.._ _:~?.'r.~~.j:>>>._;~ re_'u;t;*i~i i.i : social center for .1~t: rlitrr ~~ ~,te~l a~. re'=i~~rlit .1 ':.• f 'J 1. :! ,.} ''''~ }'` ,.] TJf }'~ .._1-._ ~.~T7Yr: `.i -- .lif{ ~':i lj C~j i, r.'~ '.~~''i1:i~~L f.l ~,~ X11 ~+ll~ _?i'i 11+llllilrl ~~ ~~-1!.'ll~a.llil. it '~11 .__'_i _ _1 1_ .1!'~r~•-•::. 1-_ 1 _;.-L1~Jt:'} ~~:4_~ }rt- _~ 1'~%Ilt~ I*. :i. t_1,~ .j!_t•.•_(:i ,f ~ .fi j _ 11~. l1'~_' _ 1 Ll f'f _ '.Ii 2 _:. Y: r~ _ ~. •.. r. • T '',~l't rti~'•,Y if if •,,,rt a r _ ,- , - _'G: r'a_i.%'r' ':~:' n`T~'iai~.'rl _ _ li _ _ _ - • - i _ _'"_- ...t. 'ir7.'-~'r,t~, T1 7? •~, _,~ Cr ~t~1~= .•," ,^t-'' S ,-,;li.-~ 1•,r. ' 1~(x r,l~f. t..i i ~~t,i'niir.~"' !l:~r 'r~l.i?~'i! ^., -:: +-~_ r~r~ t., ~p:;. :'i, iiti T'lL+ r r ~~ i~: ••;;r ~7 ._ .: ._1, `t......;/. _+.1 _ _ ai _ ~~t~ ::i'..11, _ -: ~.r ic..: '::r.3. ~ilio ~~. •.1 ari.: ~.hrn dec-idr :i Cli~.t is the niix:t produ~,tive use of those dollars. 3-rnarlab? ti::ilf cour~ r~ic~re intensively. to accommodate tourists at prime ~l :i~~~ ;~.Iid ~_,Y~ilt,iIl~; p~~s~: r~'::}der time, t`~ ncin-prime or paying full fare a la *~he ccni:n:aalt;~ ski paw. t~t~niff:~rtat:ale ~_,~irtirn?r cap~.cit;a is an undetArmined n~lrnber but. not anywriere close to ~rvin~:cr 1aer.~.use our entertainment orientied renewable resource -- snow -- is gone. 7vTe can't build enough summer entertainment facilities in our available space to ;atistT, wilit~:-r nuliit~ers, so I said -- and the incre~riental costs per added tAUrist f•~r nrw converltaonr'rnasrive swimmingr+ near golf facilities is horrendous. J LLL11L i ''~^-^~Y- ca.p,~~.t;,~ limitatins, hov~•ever. apply only to the very thin destination niti~rl:~?t for 'r7ri•~~rn ~,n'e must suppl J receation facilities. Unfortunately we are so f:l~t~=rrtiine~ ra, cij? tree ame thing in thA s~~mmer s.s we do in the winter -- serge i':iestsn:~.ti~:-~n i?-~?.~~LS -- that we scare av~.~y thr maa~~rity of summer tourists. They ain't destination oriented± Rogrer W. Tilgemeier Boa ?42 Vail, Colorado 81668 303/4?6-6801 :' 1':.::Z::jc'1~~. tli:~t -- t.'i? ~arile Yap that c:o:71?t hers= In the T,hnnter '~'1*~1`1 hit wife t~> ?t- :rn.,l ~ r1r hr ,'a ~~~,-' C ~ t 1'nY ~ J. r r _I. -._.. _ _1 .:.- ;~ .:l..i.:~, l'=~+.~:_. his Y.ir~~ ir_ the car In t~ie Stlnlrier and meets ~:=ff to t}-~~ ;.:.~,tlr~try C,l~r~', h~ ~,,~'ar±rS t~ ~lir~~M th? klds v~~here mom and dad g=~ skiing -- that r,;... ~ r?-T~ ~+..rd 1 ni=Yr,r. -- ,:, a_t thA mlc!tt -- th?n it's off t4 Ulenwoc~d ~:anvon th? _ , I•~:~. T t~R., h=:.r. p~::=<:il -- Pal~~.rrcx~ii Beil~_ -- :~•.spen -- Independence Pass -- Leadville -- ., _ t _ =t.:`.i 1 .•`r':'~i :' l~i=~: r. ~: +t '.11!.1 a ~~=. n1r-I 1,1 ~1 1,),'1t .~ tAl t• ~~ rr ''{ +_t tr rl) -] } t.,. ~ rr t\ •ii... i :~ v all Ic. ~. Iii~.lit i.:.: ~ i-• .i' ;:t:aiii~; I : r ~~_ r1i" -- Gr or: it' tii~:- ~'ri~_~riUSrt;=nt-- th? Sa.fld L+11IIr~ -- the an 1uarls - Durano -- lil^ !'t=+.i t!. ~ +_i~=1.V.c~ -- TY,.i~ i.i~ - f;,ir ~!fi, (~i~ -- r t'tl ~ - ~t.~rt.l~, -- .: f' ~• _ 1 ~~ .ri._. - rTI a t, r...: arl; n L~Zi,I_, -Dirl_.~r r gym.: iL.. .v.- _. .~s_-.L -.}-.ir. .. ., rr .rr}rtT „-., }~~; td T••..Y!:^~ . • ~.ti. _ -.. _ ~ ll'r. a.i~- - -.. ::• 1. ,sli ~. , :'1 1'•-.. T~. i Iia..:+ ~ - '~, i't"1•'~r'-,Y 111 T'.n ~ C t i1C i~tl•: tilt-rIr' ilT 3Y ?,tr 1~ tic •=C TTT - - - - "~ - -r- _ - - '1 ~. ~ -,:. F .a t,~, ~'rl l2' f r'r ;r, f -,; ,r Nq a ~;;;,,• !~' it . ti . . t:.. ~!v t~ 1T' iir •'rf 1}ii.+?T _7 '- r'I ti ~tTt -- - - - -1 ~=r - _ . ~1.~_~., :,r i:,i "t-,ir~i" i~_; a _;1~ ~tit•.:~.~t- :,.r~-:i ::h~"~= .~ner n=~=,. a rilk.er, _ -f, • -t~... _ ..:~ .. :._ _ ~:~,•~?. _:.. ~, ~Ii ~~. 11=>r~_:~t_+.c 1. ri<:ier -- al.,tif:l~.~rri 1~;= .T:,~;_T_ tY:::;^ Ali:':1~=. i:~ :Jr Y>=•I1.)l~'. iiI E'j:"'I_1?tr, ~,11.If111i1E'r _:t.ll.c~?T tt'il'_~ Llt•~rtil:lt. 54 t' :'1}'I'' tile,' flr'::t. "i:'rl .:i'_.. .~.: ~{~_~.~r-,Y f'.. '.=•:Yi i:1 ~''1i1~ ~7 ;+'~~''_~t.+-%1 L~~'r:?!:tr :x.11=.1 =.:=i-it=..i lip a~:'r IT:`dlr. ~Y .`~.l +:iT~ Lr`; . _.+' _ .,~.-: ,t ;r. ~ : ,; ;,_ - ~ -- t~....:.T ,! -~,f ,~;c :i':,I,;,.T lIi ~? ' ~ ~'f't tl':_i} :' J.?.vr. - - _ - r- - ;_ _ . . = ----- • -- --- = - =~ - - --,-~ .r t'. -~ l-~ - - ~ ..? ,'25 ~1-," - -, _"-~ _ t. ;-1,_, ?,~T?-. _.! Y. ~ t'_ . rrrlr~ ~ tr:5 ~_~ - '.i. ' -'?'~ :,i 1'? -- .''i;*.- r,r~?:r jl:j 1= ^ i1+.i,T;,T r=-`t?ri ~',:~tt:::r lrtlr-rrrr,c,~ - .r,;t?T;:;~::r ,~Il e:~.'~~tilil~il v~:rtlon of file inforrnatioii service that Harry Fra271pton referenced -- t=.> iiic:lude d=.~',~ri the road places and activities w111 do the job -- along with moder- ti;~',y pric:=~: h=~t~i•t and re:~taurant: that. v~TELCOi~•iE FAI;~ILIES! American E~~reBB ='E'rg:-:in`," tt".i~ n.onth talks about fancy restaur~-ants that have early Beatings geared t,~ k;idB -- pl!t. r=apex and craUvns on the table t~ keep some action going -- flexible n~ielil?.t a*~.. Facilities do not need to change mach -- just our approach and attitude _ iileii :i~:7r~ a iittie ambiance treat will rr~ake us different from trio rest -- a first class free h=.~r~ dr~.wn tram between the Village and Lionsriead -- a living homestead mueuni -- y =:.u think a team of horBeB mo~~ing hay out there on 8atsos won't pull 'Y:r af2 tie hlgh•,~~^' -- and hc~w about converting our tr-ash and garbage pick up unto. a tourist attra~ :ti ~n ? It tak es a little imagination but I can hell you how! Lets go f'? :~. X~:=!;I7•t1n~ ~.1?.riirn~r retort. lik? I~Iacllinac t~3 ~eE? mat- they d01 '~;;r, }i,.~;~ ; ~-:,i~~ -- olli' C~+.C;it=~.l lrteil~:eve Iot~9 vvtl~.nie LjI~iIY'IER recreatacn f:~~~ilitie. _ , .,-. ~ ~,_,~i =~.~.iii~_ ~.~, ,:-: ;~s.cit'T-- rii~-+.iY =1ti-~ ~t~ y;~;~ r ';iii -- dre~5 ~eili lip -- '•e - - . '.~- = - - F M rte:~.x 'errs -:=:.iY~i~: -- . -.~. _~.:i<;iri=s til~~~:? fdciiitit'_: it ~t;-ry c.==:~tl y ~~r::r added to:~l~r~~t. „~~ , ,l ~.~i:tel.:, 1"~!: ~. lJ.l ~;ul.:•, X11=:%~':, dln<.. _'.tndoia r.--:=d iTlore butine=.. That business is out thEre o>u the high~~ap. ': r y ir~g .*.o f rce our ~r~nter concepts of doing businesB on +>1;-,~.~ ':,'t~.= r. ar. t-=;,t '•''f'~rl'~ra iT, ?,~+ ;?ealr,. ~E I~~I~?~ T ADAPT TO SERVE THEIR NEEDS AND DESIRES .~.i'vi+ IT L~~E':.I•d'T HAVE TC~ +:~~.T $2~ 1~IILLICiN! i ,. ~~~±E~~c:a~_-. IIS•'WFST Hosted by Jem Ford Roles Legends of Skiing Diner Club Ford Cup star,;^^. ~-1 i. 1991 Board of Directors President Gerald R. Ford Rart rt E. Banett Car ~h~n Blount lar,-.cs Bcm Cr3?~~xk lack Qc~E•c H Frn~amm hake, Jr Harr; H. FramFtrm, III Gec:r~ \. Gillett. )r. Pri i ura~.~F:ammcr 4lartha Head Vi';iLamj H;EI Bob Knou<_ Henry R. Kravis Fiahugh Scat Michael S. Shannon Rodney E. Slifer Richard L. Swig Oscar L. Tang Bob Knous President February 19, 1990 Mr. Pat Dodson Vail Metro Rec. District 292 West Meadow Drive Vail, Colorado 81657 Dear Pat, We are actively getting ready for the return of the American Ski Classic to the Vail Valley. As you can see from the enclosed schedule, the event promises to be very exciting this year. Monday, March 5 Ford Cup Challenge 10:00 a.m. Beaver Creek Ford Cup Challenge Banquet 7:00 p.m. The Westin Wednesday, March 7 Welcome Reception (by invitation) 6:30 p.m. Village Hall Thursday. March 8 First round, Ford Cup Hospitality tent open Hall and Oates Concert 10:00 a.~. Beaver Creek 11:00 a.e. Beaver Creek 8:00 p.a. Dobson Arena Friday, March 9 Final round. Ford Cup Legends of Skiing Banquet (by invitation) 10:00 a.~. Beaver Creek 7:00 p.~. Village Hall Saturday. March 10 Legends of Skiing (Giant Slaloo) Cowboy Ball (by invitation) Sunday. March 11 Vail Valley Foundation Post Office Box 309 Vail, Colorado 81658 303.476.9500 FAX303-476.7320 Legends of Skiing (Downhill) 12:00 noon Beaver Creek 6:30 p.~. Pillage Hall 11:00 a.m. Beaver Creek Continuing in the tradition ojthe 1989 World Alpine Ski Championships ~.~ a~~ ~~~ Registration will be open Tuesday. fro^ 7:30 a.~~ until 8:00 p.e. and is located in the Crystal Peak roo• on the lower level of the new Hyatt Regency - Beaver Creek. Volunteers will be on hand to issue your credentials and answer any questions you ^ay have regarding the weeks activities. Your credentials will be honored at both the Beaver Creek and Vail ski lifts and will adeit you to the Hospitality Tent on race days. Thank you for your support of this event. Me look forward to .seeing you at the 1990 American Ski Classic. If you have any questions, please call me at the Vail Valley Foundation. (303) 476-9500. . Sincerely, Ci~-~,~s.~-= Cecilia Fo12 Project Ad~einistrator Vail Valley Foundation ' WILLIAM L. ARMSTRONG COlOMDO REC ~ F EB - 9 1990 ~~tit~~ ~tat~~ senate WASHINGTON, DC 20510-0602 January 23, 1990 Mr. Ron Phillips 75 South Frontage Road Vail, Colorado 81657 Dear Mr. Phillips: Today, I am introducing the "Colorado Natural Heritage Preservation Act" in the current session of Congress. This bill proposes to complete the wilderness designation of national forest lands in Colorado and set the stage for designation of BLM lands now under study. This legislation will add 471,875 acres to our wilderness system, bringing Colorado's total wilderness to more than 3 million acres. It will also create four National Recreation Areas with an aggregate acreage of 122,300 acres.. A total of 594,175 acres of Colorado's beautiful high country will be given new protective status by this bill. The legislation contains a sound water provision, resulting from years of study, which protects Colorado's water rights system and provides the means by which the federal government can assure sufficient water for wilderness areas. With the adoption of this water language, we can proceed with wilderness designation with confidence that we will neither jeopardize our water rights nor dry up the wilderness areas. I am enclosing my statement which provides background on wilderness designation in Colorado and the water issues which have become so critical. It also provides the rationale behind the development of this major proposal and a brief outline of the bill's provisions. I invite you to give this legislation careful consideration. i believe this bill to be more carefully researched and to have more citizen involvement than any other wilderness legislation in the history of Colorado. However, since the public lands belong to everyone, I would like for you to feel free to give me your ideas and suggestions. Wilderness designation is an important decision affecting all citizens for generations to come. It is our responsibility to get it right. Best Regards. erely, W lli~ft L. Armstrong REC'li F E B - 9 1990 u~~ted stets of America PROCEEDINGS AND DEBATES OF THE 1 QI sr CONGRESS, FIRST SESSION Vol. 136 WASHINGTON, TUESDAY, JANUARY 23, 1990 No. i ARMSTRONG FIAOR STATH~1~1T ON WILDERNESS COLORAD~IiER2TAGE PRESERVATIOA ACI • 113r. ARMSTRONG. Mr. President, from the maJestic beauty of snow-cov- ered mountains to sunburnt sandstone cliffs, the greatness of Colorado is seen in the land. We live in a vest pre- serve of beauty that inspires awe and pure wonder. Anyone who has seen above the plain a vivid western sunset of reds and golds, or witnessed the per- fect rainbow of a remote waterfall, or walked under a forest canopy of fir and pine, knows we are ehar~ed with saving for posterity that which surely is the work of God. I am pleased to begin my final year fn the Senate by introducing the Colo- rado Natural Heritage Preservation Act. This legislation will give special protection to 594,175 acres of Colora- do's most beautiful and pristine land. Of this acreage, 471,875 acres will be designated as wilderness, 122,300 acres ss national recreation areas. The re- maining portions of the study areas will be released for multiple-use man- agement by the Forest Service. When this bill becomes law, Colorado will have more than 3 million acres of wil- derness, the bulk of which has been designated from National Forest lands. In every wilderness discussion about 1 percent of the people want every- thing west of the Mississippi declared wilderness, 1 percent declare we have far too much wilderness already, but 98 percent of our people recognize the claims of extremists on both sides as exaggerations. Most people recognize the necessity to strike s reasonable balance between preserving our great natural assets and, at the same time. protecting private rights, fobs and eco- nomic opportunity. Over the past b years my staff and I have discussed and worked with thou- sands of individual citizens and group: in Colorado to develop a balanced wil- derness bill. To some, this may appear as an impossible dream, but as Carl Sandburg said, "Nothing happens unless first a dream." We out achieve a balance that serves the public inter- est. Ibelieve this bill achieve.^, that worthy end by designating all remain- ing ?dational Forest lands that meet wilderness standards, creating a new national recreation area designation to protect beautiful, unique areas wl~i~h cannot qualify as wilderness and by solving the water issue which has stalled the process for the past 5 years. This legislation will clew the way for the designation of adaitional wil- derness from areas now under study by the Bureau of Land Management. It is a vital step toward the ultimate completion of Colorado's wilderness system z;xtd the fulfillment of our obli- gation t~; serve as good stewards of the natural beauty and environment a-ith which our State has been so ricltl4 blessed. BACHGROD'ND Colorado has been s leader an:~ng the States in the designation of wilder- ness. In 1979, the Forest Service com- pleted its second roadless area review and evaluation-RARE II--of all Na- tional Forest lands considered to have potential for designation as wilderness. The Colorado congressional delegation promptly responded by passing the Colorado Wilderness Act of 1980. This legislation added 1.4 million acres to the National Wilderness Preservation System bringing the total in Colorado to 2.6 million acres; 684,250 acres could sot be agreed on and Congress man- dated that it remain in study status. The remaining 4.4 million acres of RARE II lands were deemed unsuit- able for wilderness designation and re- leased for multiple-use management by the 1980 act. The 684,250 acres remaining in fur- ther planning or wilderness study status have been managed as wilder- ness end given extensive additional study by the Forest Service. Thee s±udy areas are the subject of this leg- islation. While many States are still developing their first wilderness legis- lation !n response to the RARE II studies, Colorado has been working on a second round of RARE II designa- tions encompassing areas which are more marginal from a wilderness standpoint and contain numerous con- flicts. By 1984, the Forest Service complet- ed its research of the mandated study areas and recommended 401,593 acres as suitable for wilderness designation. In response, legislation was introduced by several members of the Colorado delegation reflecting their individual views on how the final designation of lorest lands should proceed. TRL wA76R t83IIE In 1984, the Sierra Club filed a suit in II.S. District Cottrt asserting that Congress, in the designation of aildet- ness, intended to create Federal water rights to serve wilderness purpoaea- by implication. The suit challenged an historic urderstandi*tg i~t Congress that wilderness designation had no effect on water rights. Aa a result, the most eminent water auth<~ritips in Col- orado requested that I inelucfe a proei- sioa in my legislation tie gc:ard segr;nst an adverse court decisi;a2. At the titre this possibility seemed r~ :noS e, but at their urging. I included a Provision in my 1984 bill which clearly d._r_ied the creation of any new Prdcral water right. either exFress or lrnalied, by virtue of Kilderness desit-n:~tiun. In November 1985, the W orvt fesis oP Colorado's water Ie~ders were realized when Judge John L. F.ane handed dawn a decision in yh~•4 Club v. Block, 615 F'.SnDp• 44 (iS€4) KYach es- sentially supported the Sierra Club's position end ordered the Federal age..- cies to assert Federal Gate r claims. Judge Kane augmented the decision with tw a others, Sierra Club v. Block, 622 F.S~tpp. 484 (1985), and Sierra Club v. Lying, 661 1'`.Supp. 1490 (198?). These deci~+ons are at odds with the legisIat.ive history of wilderness desig- nation. 11~oreover, a court of equal Ju- risdiction in New Mexico has conclud- ed the c; polite. [State of Nom Mesica v. Moltrb.:tnu»i Ccrp. of America, CV9780C (D.N.M.> Rr_i?ert o[ Specla.I Master filed J~arch 27, 1987, Report of Special Master affirmed by the court February 2, 1988, motion for reconsid- eration dEnied June 2, 1988.1 The Kane decision fs being strongly chal- lenged by the Department of Agricul- ture acting on behalf of the Federal C3overnment and is now under appeal in the 10th Circuit Court of Appcats. The State of Colorado and the Colora- Armstrong Statement Page 2 do Water Congress ue among the in- tervenors supporting the appeal. The water issues raised by the Sierra Club suit and the Kane decision have stilled wilderness designation in Colo- rado since 1985. The congressional del- egation has made several attempts to break the tmpasse and has demon- strated by negotiations that agree- ment could be reached on all issues except water. In 1987, Senator Wears and I cre- ated anegotiating team of 18 out- standing Colorado leaders to explore all po sibilitiea for compromise of the water issue. The getup included: Huold Mickel of the Colorado Water Congress, Denver Water Proridera, Metro Denver Water Authority, Southeastern Water Conservation Dis- trict and the Cities of Pueblo, Colora- do Springs, aad Aurora; William H. Miller of the Denver Water Boud; Sam Haynes of the Southwestern and Rio Grande Water Conservation Di- trfcts; William McDonald of the Colo- redo Water Conservation Board; Keith Prapst of the Colorado Farm Bureau; Rollie Fischer of the- Colorado River Water Conservation District; Carl Trick of the Colorado Cattlemens As- sociation; Greg Hobbs of the Northern Colorado Water Conservation District and lead attorney for the appeal of the Kane decision; Maggie Fox of the Sierra Club: David Getches of the IIni- versity of Colorado Law School; Fran- cis Green of the Holy Cross Wilder- ness Defense Fund; Darrell Knuffke of the Wilderness Society; Chris Meyer of the National Wildlife Feder- atton and the Natural Resources Clinic; Glenn Porzak of the Colorado Mountain Ciub; Lori Potter of the Sierra Club Legal Defense Fund; and Charles B. White, Denver attorney. It was our hope and intention to de- velop legislation we could jointly in- troduce and pass. The water neaotiat- ing group has worked diligently for 2 years but has not yet been able to re- solve Lhe Lssue. On July 18, 1959, Sena- tor WmrFt decided to move fndepend- ently and introduce his own Iegisls- tion, declaring, "Negotiations have gone as far ae they can eo, it's dead- locked." Colorado's leading water at- torneys have closely analyzed the water language in the Wirth bill and have determined that it clearfly en- dangers our State's water system and. at the same time. undermines Colora- do's appeal of the Kane decision. As a result, a large number of major organi- zations and governmental entities have entered the debate with resolu- tions expressing the critical seed to protect Colorado's water rights system. Those who do not understand how water issues could snag wilderness des- ignation simply do not understand the West. In the Western States, there is no issue more fundamental and far- reaching than water. In acid States, with annual rainfall of 12 inches or leas, life is literally dependent on water development. From euliest set- tlement, we have been hauntzd by the twin spectres of flood and drought. Our ancestors experienced the heart- break o! spring floods washing away their homes followed by withering crops as the last of mountain snows melted and strean•.s dried uP. Because farsighted leaders developed extensive water management systems keyed to dams and reservoirs fur storage of the limited water supply, most modern in- hsbitants of the West have been spared the worst ravages of flood and drought. Fundamental to this essential water development has been the evolution of a legal framework to encourage benefi- cial ureter development and protect the water rights of those who success- fully Carried it Out. Colorado has pio- neered s system of water law over the last century under which all claims are adjudicated in State water courts. Each claim is quantified and given pr!- ority standing in relation to other clarets based on the date the water was actually put to benefidal use. Suprem- acy of Western $tste water law is a critical issue became there are no property rights more important than western water rights. Virtually all property values, jobs and economic ac- tivity. including recreation, are hinged upon water rights, as t$ the future of one of the fastest growing regions in the Nation. To superimpose new Fed- eral water rights on these State water systems would create legal and eco- nomic chaos with extremely damagin8 results. The issue Ls not whether we should create wilderness areas to protect wll- derness values. We should. The issue is how to create wilderness without per- manently disrupting State water sys- tems and destroying private water rights. An additional difficulty is that a wil- derness water right would be a new kind of right, completely .foreign to western water systems. It would give Federal agencies the right and obliga- tion Lo maintain streams in wilderness ueas in their "natural condition" re- quiring historic flow patterns. Once es- tablished, the Federal Government would have the legal basis for stopping any development of any kind which would alter natural flouvs within s a~;l- derness. The West has been bu12t on We foundation of stabllization of stream flows by storing flood water and re- leasing ii back to streams when needed. But, if the right to maintai.-t "natural stream flows" is achieved by t•he Federal Government, any needed development or change in a stream which altered flow characteristics, would be blocked. The West cannot cede its ability to meet future needs to the Federal Government by grantin8 it the power to throttle all future changes in water manaGement. Establishment of new Federal water rights for wilderness purposes could also endanger the interstate water compacts. These pivotal agreements divide the water between the States in every major watershed; and each one required wades of negotiation. In the aftermath of the Kane decision we must guard against any possibility of the Federal Government's using wil- derness rights to demand water flows across our State lines above and beyond compact requirements. This issue is particularly critical to Colora- do where we have eix major rivers fio!ring out of the State. Colorado still has unused entitlements to water wilder the Lrompacts which would be vulnerable to demands to maintain "natural flows" in downstream wilder- ness uea,~ hi other States. The com- pacts g~warantee our right to use our share of water wising in our State against the claims of large and politi- caIly powerful downstream States. Even so, these agreements also serve a highly beneficial environmental pur- pose by guaranteeing substantial stream flows form one State to an- other to meet the compact obligations. I have decided to proceed with intro- duction of this bill to demonstrate how the water issue can logically be solved to balance the interests of all concerned. The water language in this legislation is the result of over 5 years of dialog and debate with the lending water experts in our State and throughout the West. It does not su- perimpose Federal water rights on the State water system, it requires the Federal Government to acquire water rights for wllderness purposes through Colorado's existing in-stream flow law. This visionary system is now swell-es- tablished means for protecting essen- tial minimum flows within Colorado without disrupting or destroying the water rights of others. Over 7,000 tulles of Colorado streams are now guaranteed basic minimum flow as a result of this system. Most of the ueas designated by this legislation encompass headwaters of streams where wilderness will have limited direct impact on water rights. However, action by Congress on this legislation will send a powerful signal to the courts on creation or denial of federal wilderness water rights and es- tablish aprecedent for future designa- tions. The BLM lands, now under study for wilderness. ue generally at lower ele- vations. These proposed wilderness areas span rivers and streams with lit- erally thousands of adjudicated water sights utilizing s vast system of irriga- tion ditches, storage dams, municipal water supplies and hydro-generation plants above them. It would be grossly irresponsible to proceed with this leg- islation without thoroughly under- standing the devastating consequences of establishing Federal wilderness water rights. It is not only fair. but absolutely es• sential, for the Federal Government to continue to play by the same rules as all other entities competing for scarce water supplies. The bill's water provi- sions will protect Colorado's water rights system, preserve our options to develop Colorado's allotment of water under the interstate compacts, and utilize a proven method for assuring reasonable stream flows in wilderness ueas. All of these requirements must be met before we can proceed with wil- derness designation. This legislation meets them. BALANCING THL II888 OP PIIBLIC LAND The bill is also the culmination of years of information gathering and debate on a wide range of other issues involved in wilderness designation. We in Colorado ue now in a position to proceed with confidence that we ue extending our wilderness system to the utmost within the framework of protecting Colorado's water system, safeguarding private property rights and balancing all of the interests in- volved in the use of our public lands. Public land belongs to everyone and is not the province of the few, either Lo lock away or exploit. This bill is an honest effort to balance the goal of preserving major tracts of land in their natural state with an increasing demand for outdoor recreational bene- fits offered by the public Iands. It is also a conscientious effort Lo balance public demands with the protection of private property and with established rights to economic uses of public land. Because public-use policies of Feder- al land have such long-term funda- mental effects, we cannot afford to go to extremes. Wilderness is s form of nonmanagement-a conscious decision to leave an uea to the ravages of nature and to preclude anY and all ac- tivities which could leave the imprint of man's presence. Thus, all designa- tion of wilderness must be in the con- text of the effect on surrounding ueas and the interests of the public at large. Whlle it is vital to preserve major tracts of land in a natural state, we need not designate all public land as wilderness to protect it. Outdoor recre- ational uses ue managed in an en- lightened way to give millions of Americans great pleasure from the public lands. Activities such as cross- country skiing, snowmobiling, hunting and fishing, camping, hiking, canoe- ing, and various forms of motorized recreation can be carefully managed to protect the basic land resource in per- petuity. Armstrong Statement Page 3 "~ ~ '~- wer one-third of Colorado r ~~ ~ ~ try the Federal Government, the ;-,^.~nomic well-being of ~ ``rsrge number of our people is dirc< :.> de- pendent upon continued molt ` ~ : w -use of public lands-whether for water storage, commercial recreation, grate 1ng. timbering, or energy. Scientific harvest of renewable resources on non- wilderness public lands can, if careful- ly carried out, improve the natural en- vironment whlle providing essential products to our people. But, we will never again allow eco- nomic uses to despoil the public lands. The new environmental ethic, now widely socepted.is reinforced by Fed- eral, State, sad local laws to ensure environmental protection of our public lands. Consequently, most private businesses recognize the imperative of carrying our economic uses of public resources in a mariner designed to pro- tect and enhance the environment. wuasaxass aasrcxnrrox The 14 areas proposed for wilderness designation are all worthy additions to Colorado's wilderness system. All meet the wilderness standards outlined in the National Wilderness System Act of 1964 which require the areas to be "with the imprint of man's work sub- stantially unnoticeable." to "have out- standing opportunities for solitude," and "of sufficient size sa to make prac- ticable its preservation and use in an unimpaired condition." These new areas are located in Cola rado's beautiful high country sad will offer outstanding opportunities for wilderness experience. The largest and most spectacular addition is the 20,000 acre area encompassing the Sangre de Cristo range and includes several 14,000 foot peaks popular with moun- tain climbers. One downstream area, the Piedra, is included, but the water rights that exist upstream from the wilderness are protected by the care- fully crafted water language. Taken as a whole, the new additions will round out a system with wilderness areas well distributed throughout Colorado's mountainous areas. The boundaries of each proposed area have been drawn after an exten- sive effort to understand and resolve the many conflicts created by wilder- ness designation. Experience has dem- onstrated the folly of encompassing significant conflicts in wildernesses areas. Such action leaves an aftermatea of thorny problems which are extnn• slue and laborious-sad sometimes itn- possible-to solve. Congress has never appropriated sufficient funds to buy preexisting inholdings and private rights in wilderness areas sad the ex- change process has very slow and labo- rious. Too often, private property owners face the quandary of enduring preemption of rights by the Govern- went or undertaking costly legal re- dress. There are a number of difficult problems created by inholdings in ex- isting wilderness. It is far better to avoid as many of these conflicts as rea- sonably possible at the time of the des- ignation than to spend scarce Federal resources in dealing with endless ad• ministrative problems and lengthy liti- gation. This bill would also direct the Forest Service to make an immediate study of the problem of•conflicts within exist- ing wilderness areas in Colorado, in- cludinB private inholclings, rights of way, and other valid private rights. The Forest Service would be directed to report back to Congress within 1 yeas of the enactment of this bill on the extent of the problems and costs now incurred by the agency in dealing with them. Further, the Forest Service would be required to develop a pro- posed program and budget to resolve these existing conflicts within a rea- sonable timeframe and with adequate protection for the rights of those in- volved. xerroxet azcaa-rsox assns This legislation also creates four na- tional recreation areas" comprised of five of the study areas. none of which can objectively qualify as wilderness. National recreation areas have been created through the years for the presen~;tion and enhancement of rec- reational opportunities on public lands. It is another level of n - ~ge- meat which has been used prim : ..,, in the past as a means of expanniia~ rec- reational opportunities in and around major Federal Water projects. There is no basic organic national recreation area law comparable to the National Wilderness Act. Each area carries its own definition tailored to the specific resources involved. I am Proposing to use this estab- lished designation for the furtherance of outstanding backcountry recre- ational opportunities in Colorado and the Drotectioa of the natural envfron- ment. The legislation outlines general management guidelines far these areas while preserving essential latitude for the Forest Sen~fce to prescribe the most appropriate uses for each individ- uri arez. This d~sigtration has the advantage of allowing recreational uses and fa- cilities not allowed !n wild~.n2ss areas and secommodating preexisting uses which are not compatible with wilder- ness designation. The management of these areas would differ from multi- ple-use management in that the priori- ty objective L4 tl~e creation and en- hancement of back-Gauntry recreation- al opportunities. Other uses are per- muted if cvmpatible with the purposes of the <iesgnation. It also provides that active management techniques be used to pro~tde and enhance tl:e recre- ational onportunis.ies of the areas. The pudic land use increasing most rapidly is outdoor recreation. Much of the demactd is keyed to a wide variety of off-h±gha•ay vehicles which enable a broad spectrum of people a chance to experience the back country. Creation of national recreation areas Lo meet this demand will pro~zde an outlet within a well•managed context and help protect our iraSile high-country from unauthorized off-road travel. It also provides a way to give areas like the magnif: ,eat Spanish Peaks a pro- tective status which is compatible with extensive inholdings and establish a national designation which mazy of the local citizens seek as a way to pro- mote their local area. There are large numbers of people in our society who ha:re to rely on mo- torized access. Our country's demo- graphics are changing, particularly by dramatic increases in life expectancy. The way we utilize our public lands must change to meet the outdoor rec- reational needs of increasing numbers of older people. Likewise, we need to become more sensitive to the needs of handicapped citizens by extending their opportunities for back-country experiences. These needs can be met it we maincain sufficient motorized and mechanized access. We also must respond to the chang- ing needs of American families. It ie important to provide pr1ctical oppor- tunities for back-country recreation to families that must juggle leave Lime of working members. Families is this sit- uation often have to schedule short vacations which preclude taking the time required for hiking long distances into the back country. Families with children also have special access needs which should not be overlooked. Otah's Canyonlands National Park is an example where a unique back-coun- try experience is provided, through all-wheel-drive motorized access. to thousands of Americans who would otherwise be unable to see any aignifi- cant part of this spectacular area. At the same time, a powerful use ethic has evolved by visitors who zealously respell the admonition to use only dest8nr-ted trails. This approach en• ables Amerkana of all ages and cir- cumatance to enjoy unique natural areas and still Dreserve and protect the natural environment. trn: wunsaxr8s aaeaxi It is to everyone's benefit to achieve a reasonable balance between compet- 1r-g public interests in designating wil- derness and nonwUderness lands. Many of the issues are controversial with valid points of view on both sides. The protection of our environment and the wisest use of public land are crucial issues and merit the most rig- orous adherence to truth and the as- sembly of Lhe most factual and scien- tific data available. It is Incumbent upon all who partici- pate in this process to do their part to preserve the integrity of the debate. That is why I have devoted so much time to trying to find the basis for a broad consensus and have insisted on gathering as much factual information as possible before finally drafting and Introducing this legislation. I invite all Coloradans to review this legislation with a view to the long- term fut~rre of our great State and a fair and reasonable balancing of the important values involved. Our chil- dren, grandchildren, and all genera- tions to come will be the beneficiaries of our efforts to protect their increas- ingly precious natural heritage of wild and scenic lands. It is equally impor- tant for us to protect a proud heritage of civil debate, preservation of individ- ual rights, Rrotection of private prop- erty and s healthy economic climate In which to grow and prosper. All of these fundamental values are essential to the survival of a great nation com- mitted to the ideals of democracy and freedom. X23 c MINUTES FROM THE VAIL VALLEY COMMUNITY TELEVISION BOARD MEETING March 7, 1990 7:30 AM Attendees: Bill Perkins Reggie O'Brien Brian Hall Jerry Davis Rob Levine REC'0 MAR 1 2 1990 Brian Hall presented a list of programming proposals for the Channel. The first proposal was for the Rotary Club Auction. The Rotary will also underwrite some of the filming expense with a grant for $250. The Eagle County Commissioners meeting, held on 3/6/90, was filmed. The Town of Minturn's Council meeting is scheduled to be filmed this evening. The Board was informed that a two camera shoot for the Vail Town Council meetings is being coordinated. A start date of April 3, 1990 is scheduled. The Channel is continuing to search for a prospective Board member. The deadline date for applications is March 15, 1990. After our last board meeting, a system was suggested to be developed to ensure that volunteers receive enough training and experience, which would then allow them to receive monetary compensation for some of the .filming or production work. Brian and his staff are working on an easy tracking system. The status of Josh Hall, the Channel's full-time employee was discussed. The Board would like to renew his contract and review his job responsibilities. The intention of the Board is to assign additional responsibilities and to allow an increase in compensation. The review should take place in the next two months. The studio build-out is continuing, although some of the equipment is behind schedule with regard to delivery. It is to be completed by the end of the month. Page 2 WCTV Board Meeting March 7, 1990 The Vail Community Theatre proposal has been approved. A one act play will be filmed, allowing the group to secure sponsorships for a national competition. The Town of Vail has paid WCTV all the fees for 1989. Vail will be paid by Heritage on a quarterly basis, after which the Channel will be paid within 30 days. The next payment date for the Channel (from the Town of Vail) is May 1st. Heritage Communications has expressed a Sept. 1 deadline for all the new capital equipment requests from WCTV. Brian Hall will submit the list to Heritage by the end of March. A letter to Kevin Rice, of Heritage Communications, requesting the fees for the Unincorporated County fees will be drafted as well as the request to have all of Minturn's voluntary fees submitted directly to the Channel. An invoice for the Town of Avon will also be sent. The next board meeting will be held on March 21th, 1990 at the Lionshead Bar & Grill. cc: Bill James Ron Phillips Bill Sweeney ¢2~ C MINUTES FROM THE VAIL VALLEY COMMUNITY TELEVISION BOARD MEETING February 21, 1990 7:30 AM Attendees: Bill Perkins Reggie O'Brien Brian Hall Jerry Davis Rob Levine RECD FE8 2 3 1990 Brian presented a listing of equipment and supplies needed for the equipment build-out being completed by Gary Freed. Gary also provided some estimates for a remote system that would allow for live coverage and transmission. Both Brian and the Board felt that although it was a good idea to acquire such a piece of equipment, the money may be better spent on other equipment at this time. The build-out is still on schedule and there is an open house planned for the Town Council members when it is completed. There have been a number of responses to the press release for a new Board member from the Town of Vail. Brian suggested a short "application" form that may be used in selecting from the list of applicants. The general feeling is that although some experience in the communication's industry would be favorable, the applicant may well bring any number of other skills/talents to the Board. A proposal to produce and film the Eagle County Recreation Plan Election was prepared by Jeane Noe. Additional monies have been budgeted to allow for filming of public opinion in response to the public presentations made by County Officials. This would allow for air time for other opinions other than the formal proposals. The current CH 23 broadcast schedule was submitted by Brian. He also discussed this year's Rotary Club Auction and what might be the extent of the coverage now that the Club does not plan on using the phone-in capabilities used in previous years. A live film coverage may not be the best use of the Channel, but a good amount of publicity promoting the event along with coverage of the available items that are to auctioned off may be shot. Page 2 VVCTV Board Meeting February 21, 1990 Jerry Davis brought the other members of the Board up to date as to the revenues that are to be anticipated this year. These funds are actually for the 1989 calendar year but will be paid in 1990. The breakdown is as follows: Unincorporated Eagle County: $11,825.13 Town of Vail: 34,495.96 Town of Avon: 6,285.72 Town of Minturn: 1,537.10 $54,143,91 An additional grant of $16,000 is provided by Heritage Cable for operating expenses. This is the second year of the three year grant. The Town of Vail has issued a check for $2,674.72 and will issue a check for the remaining amount in the coming month. The unincorporated funds and the funds from the Town of Avon will be sent to Channel 23 on March 16, 1990. The funding for the current calendar year will be sent to the Town of Vail from Heritage on a quarterly basis. In turn, the Town of Vail will pay CH 23 in the same timely manner. There has been continued confusion as to the funds that are due CH 23 from the Town of Minturn. Minturn's funds have not been paid directly to the Channel, according to Kevin Rice, the representative of Heritage. All monies have been sent to the Town of Minturn and as with the other townships, a portion was to be sent to Channel 23. It is expected that this situation will be resolved in the next two months. The next board meeting will be held on March 7th, 1990 at the Lionshead Bar & Grill. cc: Bill James ton Phillips Bill Sweeney ~'~ MAR 15199 "~Ioice of the Western Slope, since 1953" A coalition of counties, communities, businesses & individuals 303 (242-3264 ~ FAX 303 (245-8300 634 Main Street, Suite #6 ~ P.O. Box 550 Grand Junction, Colorado 81502-0550 March 13, 1990 Town of Vail 75 South Frontage Rd. West Vail, CO 81657 Dear Friends: As you may know, CLUB 20 members began a project about a year ago to help eliminate duplication of effort in tourism promotion on the Western Slope. It was agreed that many entities are engaged in the same projects, especially brochure-printing, and that tens of thousands of dollars could be freed up for other useful projects if this duplication could be stopped. The CLUB 20 Tourism Committee, comprised of Board members from the two travel regions, was formed for this purpose. They met several times, and talked by phone, and came up with the enclosed proposal which seeks to help determine which entities should play which roles. For example, they determined that CLUB 20 should stop producing its main travel brochure, which is largely a duplication of those being produced by the two travel regions, and instead should direct its efforts at production of a circle-tour booklet. Many such tours cross regional boundaries, so it was thought to be a more appropriate CLUB 20 role. By the same token, regions are asked to leave the promotion of particular sites and attractions to local chambers and other local entities. At the annual meeting February 9, the CLUB 20 Board of Directors adopted this proposal as the official CLUB 20 plan, and asked that it be sent to you and to the other entities involved in tourism on the Western Slope. We hope you and the others in your community involved in tourism will take a few minutes to glance through this. We would appreciate any comments or suggestions you may have, or additions. This is not carved in stone by any means. But the possibilities for enhancing our efforts are great if we can all agree on this, so we encourage you to let us know what you think. Of course, if you are comfortable with it and wish to adopt it as the Western Slope tourism plan, that would be great, too. We hope to hear from you at your earliest convenience. Many thanks! Sincerely, ~lt ~ ~~~ ~~,~~~ ~. Greg E. Walcher/ President GEW/al B - kEC"~ MAR 151990 "Voice of the Western Slope, since 1953" A coalition of counties, communities, businesses & individuals 303 ~ 242-32b4 ,t FAX 303 ~ 245-8300 634 Main Street, Suite #6 * P.O. Box 550 Grand Junction, Colorado 81502-0550 "How to Avoid Duplication" Western Slope Tourism Promotion The CLUB 20 Plan February 1990 By the CLUB 20 Tourism Committee: David Anderson, Chairman Craig Williams, Vice Chairman Barbara Bowman, Grand Junction Eric Johnson, Redstone Tim Katers, Rangely Gary Hickox, Telluride Gary Tomsick, Gunnison Rich Olson, Silverton Tim O'Sullivan, Grand Junction INTRODUCTION During 1989, tourism promotion efforts on the Western Slope were increased dramatically on several fronts. The Colorado Tourism Board's travel regions were able to produce the brochures which became the major fulfillment pieces in their areas. CLUB 20 distributed more brochures from across the Western Slope than ever, both at the tourism information center at Walker Field Airport and through the mail. Numerous local chambers of commerce on the Slope stepped up their efforts and produced all-new brochures. Several communities, notably Grand Junction, were able to re-organize. chambers and other local promotional efforts under the same roof for the first time in several years. And three regional organizations -- Associated Governments of Northwest Colorado, the Northwest Regional Council of Governments, and the Region 10 League for Economic Assistance and Planning -- became more involved in tourism promotion than ever before. At the same time, much of the new effort, regretably, is duplicative. There is a growing awareness throughout these organizations that many of the efforts may be working at cross purposes, or at the same purpose. For the first 25 years of its existence, CLUB 20 was the primary organization promoting West Slope tourism. It originated the "Friendly Native" program some 20 years ago for this purpose, and generally led this effort. In recent years, however, as the tourism industry has grown, the communities of the West Slope, understandably, have become more competitive, often vying for the same tourists. The result has been the improvement of Local efforts 1 and loyal/regional organizations involved in such promotions. More often than not, the major product of tourism promoters is brochures, and there are now literally hundreds of brochures produced in Colorado West, attempting to lure tourists and their dollars to particular attractions or places. Even many private businesses have gotten into the tourism promotion business, as tourists represent major customer bases... especially for hotels, motels, restaurants, and resort attractions. In nearly every case, the quality of the brochures being produced is excellent. Also during 1989, the Colorado Tourism Board succeeded in opening two "Welcome Centers" on the Western Slope, at Fruita and Cortez. Another is planned near Dinosaur, to join a system which also includes centers at Trinidad, Burlington and eventually Sterling or Julesburg. These centers offer incoming tourists their first look at Colorado and its varied attractions, and have already contacted many thousands of tourists. Although the direct results of such contacts are difficult to quantify, it is generally agreed that the Centers have tremendously increased tourism in Colorado. The problem is that so many organizations throughout the Western Slope are promoting tourism that the effort is becoming more and more duplicative, with hundreds of brochures available in these Welcome Centers and through other sources. Some tourists have openly commented that the aray of brochures is simply overwhelming. The production of numerous brochures is not, in itself, a problem -- except to the extent that the numbers overwhelm. Rather, the problem lies in what is NOT being done for lack of funds. 2 CURRENT PROMOTION EFFORTS CLUB 20 distributes the literature (brochures) of every community on the Western Slope, every chamber of commerce, and numerous attractions. Nearly every town in the CLUB 20 area has its own brochure, normally produced by the chamber of commerce, a local marketing council, a local convention and visitors bureau, by the county or city government, or by some combination of these. Each of these brochures are distributed, not only at the Walker Field facility, but also at the State's Welcome Centers, at local chambers, in numerous businesses (hotel lobbies, for instance), and through the mail. Each town is responsible for the distribution of its literature and uses all of these outlets (and any others they can think of) to spread the word about their community. CLUB 20 has published and distributed, for many years, its brochure, "Western Colorado: Untethered, Unrivaled and Unforgettable". The brochure includes photos from across the Slope, and a large, fold-out map of the region, which includes notations of the various attractions. This piece costs in excess of $15,000 every two years or so. Although it has been published longer, it is now an almost-exact duplicate of the two brochures being produced by the two travel regions. They are currently funded by the Colorado Tourism Board at $30,000 each, to which they add from other sources. Thus, both regions have annual budgets of more than $60,000, the major product being the brochures. These pieces also feature photos from throughout the regions and large, fold-out maps of the area, including notations of the various attractions. It is agreed that there is no sense in producing all 3 pieces. 3 J The Colorado Tourism Board itself also produces "fulfillment pieces," so called because they are used to fulfill the requests for information of potential tourists who call on the phone. The Board produced the Colorado Vacation Guide, which includes sections on all the travel regions (including two on the Western Slope) and mentions the major attractions on the Western Slope. The Board also has put up bilboards on an experimental basis in the Kansas City area to lure tourists to Colorado. The bilboards depict the Durango-Silverton Narrow Guage Railroad, a dinosaur skeleton, a majestic mountain scene, and other attractions clearly luring people to the West Slope. The Denver Metro Convention and Visitors Bureau also produces a Colorado guide which includes some material on the Western Slope, and mentions all three National Monuments in Colorado West. Similar mentions can be found in tourism literature in Colorado Springs, Pueblo, and other communities throughout the State. Organizations too numerous to count have been established throughout the CLUB 20 territory to attract tourists to various places. The duplication problem certainly does not apply only to large geographic areas, as many communities have become aware of such duplication even in their own small area. For example, Mesa County was, in the last few, years, home to CLUB 20, the Grand Junction Area Chamber of Commerce, the Grand Valley Marketing Council, the Grand Junction Visitor and Convention Bureau, The Grand Junction Area Film Commission, the Mesa County Economic Development Council, the National Junior College World Series (JUCO) Committee, at least 8 service clubs, and many others directly of indirectly involved in tourism promotion. 4 A large number of businesses have entered the field of tourism promotion as a means of luring additional business, sometimes with great success. For instance, the Grand Junction Hilton, several Holiday Inns, the Grand Butte Hotel, the Strater Hotel, the Hotel Jerome, the Glenwood Springs Ramada Inn, the Westin Hotel at Vail, and the Riverside Hotel in Hot Sulphur Springs are just a few of dozens of hotels and motels producing brochures and other tourist literature. Virtually every resort attraction in Colorado West publishes brochures which are widely distributed by CLUB 20 and others. These range from the Glenwood and Ouray hot springs pools and the D&SNGRR in Durango to every ski resort on the Slope. Many tourism promoters advertise in the numerous magazines published on the Slope, including the attractive and professional Aspen Magazine, Steamboat Magazine, Telluride Magazine, Durango Magazine, and many others. Tourism supplements appear at least once a year in both Denver daily newspapers, the Colorado Springs and Pueblo papers, and others across the United States. These often contain advertisements from various companies on the West Slope. Within the next year or two, toll-free phone numbers will be available for tourists to call both West Slope Travel Regions, and such toll-free numbers are already available for visitors to many specific resorts. There is virtually no limit to the different options available to the communities of the Western Slope in attracting tourists, since the Committee takes it for granted that there is no limit to the allure of the Colorado Rockies. The challenge is in constantly reminding people of the potential for vacations here, in quieting their concerns about weather or other hindrances, and in explaining the many attractions of which they may not be aware at all. 5 POTENTIAL PROMOTION DEVICES Recent studies of potential tourists reveal several promising options for the Western Slope in luring tourist dollars. Many such options are not now being pursued, as has been mentioned, for financial reasons, making it even more important that duplication of effort be ended. There is a large and growing market nationally for travel documentary video films. Several cable television channels show travel films regularly, normally 30-minutes in length. Films which are produced as documentaries rather than commercials often are aired without cost by these channels. In addition, a growing number of video rental outlets offer customers a free travel video with each movie rented, and increasing numbers of potential tourists are taking advantage of such offers to learn more about possible destinations. Finally, many local access channels are being used to show such films. Under the control of local governments, channels are used to show promotional films in hotel and motel rooms in a number of areas, including several areas on the Western Slope. Sadly, there is as yet no documentary film about the Western Slope. It is estimated that production of such a video could cost at least between $30,000 and $60,000 - a price outside the reach of most tourist promotion groups at this time, but certainly within the realm of possibility if money could be freed up through the elimination of duplication. In September, 1988 the Colorado Tourism Board published its study of "Colorado's Opportunities in the U.S. Pleasure Travel Market," conducted by The Longwoods Research Group, Ltd. and known since as the Longwoods Study. Since that time, Longwoods has become the standard reference for tourist promoters in the State, and its recommendations have essentially driven most such efforts since. One of its conclusions of primary importance was that "autmotive touring is by far Colorado's most important Summer vacation product." Most of the tourists in this catagory fall into two groups: families with children and senior citizens -- both requiring emphasis on the automobile. Such touring vacationers represent the most important prospects for the Western Slope, and bring substantial dollars with them. For instance, 84% of such tourists stay in hotels and motels. These travelers spend more money in local areas than most other types of travelers, yet the Western Slope faces several obstacles in luring them here. The survey indicates that three specific image problems must be overcome. First, Colorado is not perceived as having interesting towns, points of interest, or history. Second, it is not perceived as having good hotels, affordable accomodations or great food. Third, it is not perceived as being a good place to experience different cultures and lifestyles by these tourists. Clearly, these are all misconceptions easily overcome if promotional material emphasizes the right aspects of a Colorado touring vacation. Many states offer tourists books on the various driving tours available, circle trips which can be taken of varying lengths and with differing experiences. Such books normally highlight the cultural atractions, historic sites, places to eat and stay overnight, and major points of interest. Regretably, there is no such book on Colorado, though several smaller regions publish them. Finally, Longwoods emphasizes that one of the primary attractions for the driving tourist is history. Colorado is rich in history -- unique and interesting history. And the sites are often available for tourists to see. Yet none of 7 the huge volume of tourist literature published in Colorado, with rare localized exceptions, highlights the historic sites of our State. Several other states do offer tourists such publications, containing interesting timelines and sites to visit to follow certain historic events. The State of Illinois, for example, publishes a tremendous, inexpensive, booklet called "Time Traveler." Zt contains a single page with a photograph, map and description on each of several major historic sites. This is not intended to imply that the bulk of tourist literature now being published misses the mark in any way. On the contrary, most of the brochures now being used to lure tourists are first-class works of art. All have their own special flavor, some are extremely eye-catching and unique, and they all serve a necessary purpose. The point here is simply that there is yet more to do, much of which cannot now be done for lack of funds. But if all the entities of the West Slope could agree upon which should publish what sort of document, and avoid duplicating those efforts, it is proposed that many thousands of dollars could be freed up for some of these other purposes. CLUB 20 should take the lead in forwarding such a plan for one major reason. It is only organization which has access to all such entities, the only organization to which nearly all of them belong, and which covers the entire Western Slope region. As such, CLUB 20 is in a unique position to get the attention of all tourism promoters on the Western Slope, to attract serious attention to the problem on the Front Range, even to insist upon help from the State in achieving a solution. Thus, the following proposal is forwarded as the CLUB 20 PLAN FOR TOURISM PROMOTION to all communities, chambers, resorts, local governments, and the Colorado Tourism Board. 8 THE CLUB 20 PLAN This proposal focuses primarily on the action CLUB 20 should take, and how it relates to what other organizations are currently doing. The proposal includes several main points: 1. CLUB 20 should discontinue distribution of its brochure. 2. CLUB 20 should produce, during 1990, a booklet highlighting the driving tours of the Colorado Rockies. 3. CLUB 20 should produce, during 1991, a booklet highlighting the various historic sites of the Western Slope. 4. The Northwest and Southwest Travel Regions should continue producing the brochures which include fold-out maps and photos of their areas. 5. CLUB 20 should continue its current distribution network, using the travel region brochures as the primary fulfillment piece, in addition to the brochures of local communities. 6. The promotion of particular attractions should be left to local chambers, and to the attractions themselves. Neither CLUB 20, nor the travel regions, should duplicate these efforts. 7. CLUB 20 should continue its historic role of facilitating constant communication between the regions and other entities, and help them engage in joint ventures where appropriate. 8. CLUB 20 should also continue to emphasize the duplication problem, and work toward commonality of purpose with outside entities, especially the Colorado Tourism Board, and other government bodies. 9. CLUB 20's primary role should continue to be as a political organization, speaking for West Slope tourism promoters on issues of mutual concern. -------------------------------------------------- 1. CLUB 20 has been spending up to $1,000 every year or two producing brochures which are simply not needed anymore. It is estimated that a full year's supply of these brochures is on-hand, and the Committee recommends that CLUB 20 simply keep these in storage for the time being. They have a fairly lengthy shelf-life, as the map changes only rarely. They provide the Slope with a fall-back position if there should be an ,unexpected interuption in funding for the travel regions' brochures and should be kept against such an unforeseen problem. If such a funding interuption should occur, there would still be in supply a year's stock of promotional material. In the meantime, the travel regions' brochures can be used as substitutes. This decision should be re-evaluated each year to determine whether the CLUB 20 brochures in storage are still current enough to be kept on hand. 2. A book on "Driving Tours of the Colorado Rockies" would have a huge potential market throughout Colorado. CLUB 20 should direct the resources which would otherwise have been spent on its brochure into the production of this piece. Funding should be sought from other sources, as well, to make sure the resulting book is a first-class piece. CLUB 20 should work closely with both travel regions, with all 3 regional COGs, and with local chambers to insure that the tours thus highlighted match the promotional desires of the local communities. Driving tours outlined in the book would not necessarily need to be confined to the area west of the Continental Divide, since any tour likely to bring visitors to the Western Slope should be promoted. 3. During the second year, the same resources should be used to put together a booklet highlighting the rich history of the Western Slope, and promoting all the different historic sites a tourist may visit. Such a brochure can be, and should be, marketed to various historic societies and historic publications, as well as through the normal tourism channels. CLUB 20 should work closely with travel regions and others at the local level to make sure such promotions are consistent with local desires. 10 4. The travel regions should continue producing their current major fulfillment brochures. In both cases, these are top-notch publications which include maps of the region, photos of each county represented, and descriptive text which is well-written and aluring. No other organizations should attempt to compete with these brochures. Rather, other entities involved in tourism promotion should help the travel regions with aggressive marketing of these brochures. They are being largely funded by the Colorado Tourism Board, and CLUB 20 should remain involved in all efforts to continue such funding. In fact, efforts underway to increase such state funding have the full support of CLUB 20, and this should continue to be a high priority. In some cases, travel regions are also producing inserts for these brochures which highlight circle tours, or driving tours. These should be viewed as temporary measures. After the CLUB 20 publication on driving tours is complete, travel regions should be encouraged to discontinue these, as they would at that stage represent another duplication of efforts. S. CLUB 20 should continue its current distribution network. It operates the tourism information center at Walker Field Airport, and sends many brochures through the mail in response to phone requests. The travel region brochures should be the main items used to respond to such requests, along with whatever specific local information may be indicated. Many of .these local brochures, too, are very popular with tourists. For example, the Town of Rifle has a brochure which pictures a gun leaning against an old tree on the cover. It is different enough, eye-catching enough, that it is nearly always the first brochure to run out. These kinds of brochures 11 are as effective as anything CLUB 20 could do to promote individual areas, so the network should be based upon this work already being done. 6. Particular local attractions should remain the province of local entities. CLUB 20 should not be in the business of promoting an individual site or attraction, unless a tourist specifically asks for such information. Hundreds of thousands of dollars are already being spent each year producing literature to lure people to specific hot springs, to the Durango-Silverton Railroad, to specific resort hotels and golf courses, to particular ski areas, and other destinations. CLUB 20 should not attempt to compete with that, nor should either travel region, nor should any of the regional councils of governments. No organization could hope to match the money, for instance, being spent by these local entities, so all should concentrate on larger areas, and on items which local entities are not a position to accomplish. 7. CLUB 20 is the only organization to which all of the tourist- promotion entities involved belong. It is in a unigie position to provide the forum for discussion of possible joint ventures and other activities which cross regional boundaries. For example, discussion has already focused on providing hospitality training, working not only with both travel regions, but also with the University of Colorado (where many such programs originate). It is not anticipated that CLUB 20 would actually provide such training. and seminars, but it is vitally important that the regions, when they undertake such efforts, work on the same goals, rather than at cross purposes. So CLUB 20 would host joint meetings, work through its Tourism Committee, or in other ways help put together such joint programs. 12 8. Duplicaticr. of effort in tourism promotion has been discussed thus far in the context of Western Slope promotional organizations. However, there are, of course, organizations throughout Colorado promoting tourism. In particular, the Colorado Tourism Board has a sizeable operation and publishes numerous documents luring tourists to this State. The Colorado Vacation and Planning Guide is especially well-known, and includes sections on both West Slope travel regions. It is considered vitally important that we also avoid duplicating efforts between West and East Slopes in Colorado. CLUB 20 has a special seat on the Advisory Committee of the Tourism Board, and this seat is important in keep our members in touch with the latest plans and activities of the Tourism Board. This duplication proposal has also been discus~E~d at some length with the staff of the Tourism Board, and CLUB 20 should continue to play this important role. 9. CLUB 20 was founded as a poltical organization first and foremost. The major purpose is to act as the voice of the Western Slope on issues of n•utual concern among the communities and businesses. This role remains central to the purpose of the organization, and has a particular role in the tourism area, too. There are a number of contentious issues involving the future of the tourism effort in Colorado, especially as to the relationship between the tourism regions and the Colorado Tourism Board. The long-standing reputation of CLUB 20, and its access to (and standing with) major public officials in Colorado can be of great value to both travel regions and the other groups promoting West Slope tourism. That voice should continue to be available for their use as needed. And this role should remain the primary focus of CLUB 20's efforts in tourism promotion. 13 rnurrTrcTnN The CLUB 20 Tourism Committee was re-organized during the Summer of 1989 for the specific purpose of addressing this duplication problem. The group was composed of three members of the Boards of each of the two travel regions on the West Slope. The group came together for the first time on August 3 at the historic Redstone Inn and began the process of discussing which groups should play which roles. A great deal of discussion centered first on the brochure problem, and it was generally agreed that CLUB could step out of this business more easily than either travel region -- and that CLUB 20 could promote circle tours more properly than either, since many such tours would. cross artificial boundaries which limit smaller regional groups. Further discussion focused on the travel video idea, and it was agreed that CLUB 20, working through this committee, should pursue that option. It was not included as part of this proposal because funding sources are still somewhat uncertain, and it is not the committee's desire to make promises it cannot keep. However, there remains a strong commitment to pursuing this important aspect of tourism promotion. The group is absolutely convinced that many thousands of dollars would be available for additional promotions if duplication could be avoided, so strongly encourages all entities involved, including those mentioned, to adopt this plan for Western Slope tourism promotion efforts.. By the CLUB 20 Tourism Committee: David Anderson, Chairman Craig Williams, Vice Chairman Barbara Bowman, Grand Junction Eric Johnson, Redstone Tim Katers, Rangely Gary Hickox, Telluride Gary Tomsi~k, Gunnison Rich Olson, Silverton PHONE 822-0730 AREA CODE 215 ~j~ G 7 IL~li o ~~~ n O ~(~O VART~CIiATIN(i MEMBER y_ 7[ U ^ l ~°~ Y ~`~ ~~ 1S i , , AMERICAN FLORISTS MARRETINO COUNCIL P te H llb C ~'ti r ~ WHOLESALE r e e erg ompany ~, t F LOW E R 332 NORTH MAIN STREET CH ALFONT, PENNA. 18914 G ROWER S March 19,1990 Hon. Kent Rose, Mayor Town of Vail Vail, CO. 81657 Dear Mr. Rose, I have just received the March 9th issue of the Vail Trail and I wish to express my outrage at what I read beginning on page 59 and I can't agree more with your sentiments. My wife and I built our house at 355 Forest Road in 1975 and while eve were sometimes chagrined by what we thought were rather strict build- ing restrictions, we fe~.t it was for our protection even though it was a slight aggravation at the time. Well the building restrictions have certainly been eased as evidenced by what we see around us t-~~.,. First of all, the land was raped by the Tennenbaums by the removal or~ prac~ically every tree on the lot and then it is alleged that many of the building restrictions ~vere either bent or broken by the wav- ing of c',~~ ~~~en. I guess the green colored glass is very appropriate to remind e~~~eryone that if you have enough of that stuff you can get anything you want. Now the whole process is going to start over again and the residents in the area are faced with what will probably be another rape of the land, only this time it is National Forest hand and not privately owned. I believe there is an old real estate adage "the buyer beware". When the purchase of their present lot was made, I don't believe it was any closer to Bear Tree than it is now and the same four minute walk prevailed at that time. Why should the rest of the residents suffer because of the Tennenbaum's mistake, even though most of us paid some~hat less than three million for our houses? Also I understand the offer want to continue to have access allowed to use a 'Right of Way' lack of consideration for their the Vail Trail when their house of way, I'm certain there would way. was made that those people who would to Rockledge Road from Bear Tree would be provided by the Tennenbaums. If the same neighbors, as exhibited by their quote in was built, would be used to give a right be a Pit Bull at each end of the right of PHONE H22-0730 IF+siieen"T'r",~,- AREA CODE 215 AMERICAN FLORISTS ~V+ ~ ~ MARKETING COUNCIL .S,~r ~.~!Z P t llb H C 0 L er e e erg ompany c 0 W E F L R G ROWER S 332 NORTH MAIN STREET CH ALFONT, PENNA. 18914 I have a good solution. I understand Arrowhead is still for sale. Why don't they buy that3 Then Mrs. Tennenbaum could build her house right on the slopes and ski in and ski out to her heart's content. They would be happy and so would all of their former neighbors. Respectfully, yyc/ Herman Hellberg ~~~ HH/jh AWA YMY RECD MAR 191990 American Wildlands 7500 E. Arapahoe Road, Suite 355, Englewood, Colorado 80112 (303) 771-0380/ Fax (303) 694-9047 February 25, 1989 Town Council Town of Vail 75 S. Frontage Rd. Vail, CO 81657 Dear Tawn Council: I understand the Town of Vail. is opposed to the "Beartree Lot" exchange. I am writing to express the s~~^port of American Wildlands for the proposed legislation which will accomplish this much needed land. exchange in Eagle County for certain lands in the Spanish Peaks Wilderness Study Area, Arapaho National Recreation Area, Cache la Poudre Wild and Scenic River corridor, the Dolores River corridor, Dinosaur National Monument and lands contiguous to the Indian Peaks Wilderness Area. Naving a long history of involvement with those public lands surrounding the exchanges, American Wildlands maintains the proposal serves the public interest well. The lands in question have or are proposed for uses that will negatively effect surrounding federal lands of great natural resource value, and .the land in Vail is located so that its proposed use will have minimal negative impact in relation to adjacent lands. The Mantle Ranch in Dinosaur National Monument has been on the acquisition agenda of the National Park Service for years because . its management is inconsistent with the purposes and mandate of .the Park Service to maintain a pristine park and river corridor. Acquisition of this property will achieve a long-sought management goal. Wilderness designation of the Spanish Peaks has been supported by American Wildlands and its staff for almost 20 years. The original boundaries were drawn by one of the founders of American. Wildlands. Incompatible development of the lands offered would significantly intrude on the resource values and wilderness character of Spanish Peaks. This exchange would provide the approach needed to relieve concerns of Congressional staff and the Forest Service. Working Together To Conserve Wild America 100% recycled paper Property in question in the Dolores River corridor has a similar profile, and acquisition will protect both-the scenic and- recreational resources of an important reach of river. American Wildlands strongly urges this exchange be expedited as soon as possible. The acre. in question in Vail is situated sa as to provide a valuable exchange opportunity and at'the same time increase the tax base of Vail without significant impact to an area al ready .developed. It is rare that such an opportunity for so many critical acquisitions can be presented in one package, - As a national conservation organization involved in public land issues throughout the West, we have a good perspective. as to the appropriateness-and timeliness of such proposals. .This exchange fits all the criteria as a "good deal" for the public and for-the surrounding federal land .resources. Sincere --__.._.. ~y Sa y Ranney G~~GG / Presi nt SAR/rb Coover Saemisch Anderson Architects, Inc. 36 East Hoover Avenue, Phoenix, Arizona 85004 (602) 834-5037 Thursday, 13 April 1989 REFERENCE: Michael Anderson, Sculptor 5125 North 13th Place Phoenix, Arizona 85014 Subject: Reference Letter Proposed Palm Desert Sculpture, To whom it may concern: It has come to my attention, that you are considering the sculptor, Michael Anderson, for the commissioning of a piece of sculpture for the Palm Desert area. I would highly recommend that you give this artist serious consideration in your selection process. I have known Michael Anderson for 8 years, during which time Y have served on the Board of Directors of: Arizona Commission on the Arts, Arizona For Cultural Development, East Valley Cultural A~:iance, t~~e Desert ssotanical Garden Museum and The Heard ~~::.~r..._.,. I a cr~~l-~tl1- the Chairman of the Art in Public Places Grant Committee of the state commission. Michael Anderson has thoroughly distinguished himself with monumental public sculpture around the state, has been active in the artist community development and has effectively taught at the community college level. His studio and fabricating procedures are renown. He is well known for his serious and business-like approach to commissions and for his fine character. If I may be of any further assistance, please feel free to contact me on his behalf. Sincerely, S oove Sa m' h A erson Architects, Inc. Christopher Coover, AIA President CEO CC:ses Architecture!Planning/PhoenixlMesa 6 APRIL 1989 To Whom It May Concern: City of Phoenix PHOENIX ARTS COMMISSION ~ ~~ ~~ '~ ~ ~~~"~~ J t Recently I have had the pleasure of working with Michael Anderson on a project funded through Phoenix's Percent for Art Program. Michael served as fabricator for a 32' high sculpture, designed by artist Mary Ann Unger, which was installed wi th i n the 1 as t two weeks . Michael proved to be efficient, organized and good humored. throughout the project. He has been invaluable as a local coordinator for Unger, who does not reside in Phoenix. Michael is a highly skilled technician who has a great deal of knowledge about his media. The quality of his work is impressive. What most impressed me was Michael's ability to meet hectic schedules and his willingness to adapt to the demands of an evolving project. I hope to have the opportunity to work with Michael again in the future and I recommend him without hesitation. Sincerely, "-- etchen Freeman ublic Art Program Coordinator Phoenix Arts Commission City of Phoenix