HomeMy WebLinkAbout1990-04-17 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, APRIL 17, 1990
7:30 p.m.
AGENDA
1. Vail Metropolitan Recreation District Offer to Return $25,000 to the Town
of Vail; Reduction in Town of Vail Recreation Subsidy
2. Presentation of Colorado Tourism Board 1990 Urban Tourism Award
3. Consent Agenda
A. Ordinance No. 6, Series of 1990, second reading, an ordinance
repealing and reenacting Chapter 8.32 of Title 8 of the Municipal Code
of the Town of Vail to expand, strengthen, and clarify Code provisions
relating to smoking in public places and places of employment.
B. Ordinance No. 11, Series of 1990, second 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 Uail Municipal Code; and setting forth
details in regard thereto.
C. Ordinance No. 13, Series of 1990, second reading, an ordinance
repealing and reenacting Ordinance No. 23, Series of 1988, to provide
changes to Special Development District No. 22 that concern lot size
and corresponding GRFA; and curb cuts; and employee dwelling units;
and architectural guidelines; and setting forth details in regard
thereto.
D. Ordinance No. 14, Series of 1990, second reading, an ordinance
repealing Ordinance No. 40, Series of 1987 and approving Special
Development District No. 19, Garden of the Gods, in accordance with
Chapter 18.40 of the Municipal Code and setting forth details in
regard thereto.
E. Ordinance No. 15, Series of 1990, second reading, an ordinance
amending Section 2.04.050 of the Municipal Code of the Town of Vail
changing the order of business in regular and special meetings of the
Town Council; and setting forth details in regard thereto.
F. Resolution No. 11, Series of 1990, a resolution ratifying the Articles
of Association of the Northwest Colorado Council of Governments.
4. Ordinance No. 16, Series of-1990, first reading, an ordinance amending
Ordinance No. 13, Series of 1983, in order to modify View Corridor No. 1;
and setting forth the details in regard thereto.
5. National Velvet Dry Cleaners Sign Variance
6. Side and Rear Setback Variance Request for Lot D-7 Bighorn Terrace
(Applicant: Kathryn Benysh)
7. Lions Ridge Rockfall Amendment
8. Action on the ABC School Lease Agreement
9. Action on Vail Village Inn Space Lease Agreement
CITIZEN PARTICIPATION
10. Adjournment
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VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, APRIL 17, 1990
7:30 p.m.
EXPANDED AGENDA
7:30 1. UMRD Offer to Return $25,000 to the Town of Vail; Reduction
Tim Garton in Town of Vail Recreation Subsidy
Pat Dodson
Brian Jones Action Requested of Council: None.
Background Rationale: One of the goals of recreation
consolidation is reduction in the TOV subsidy.
7:45 2. Presentation of Colorado Tourism Board 1990 Urban Tourism
Frank Johnson Award
Background Rationale: Frank Johnson will present this
distinguished award to the Council in appreciation for the
Town's support and contribution to the VVMB.
7:55 3. Consent Agenda
Susan Scanlan A. Ordinance No. 6, Series of 1990, second reading, an
Larry Eskwith ordinance relating to smoking in public places and
places of employment
Action Request of Council: Approve/modify/deny
Ordinance No. 6, Series of 1990, on second reading.
Background Rationale: The Council and community have
expressed the desire to prohibit smoking in those
public areas where the public is frequently found.
This is based on a desire to protect the public health
and welfare. Staff has worked to accommodate the
desires of all interested parties to produce a mutually
acceptable ordinance. This ordinance includes the
changes from the Work Session 3/27.
Staff Recommendation: Approve Ordinance No. 6, Series
of 1990, on second reading. This ordinance reflects
the interests of Council and the general public as
discussed previously.
Tom Braun B. Ordinance No. 11, Series of 1990, second reading,
rezoning 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 second reading.
Background Rationale: Minor amendments to Ordinance
No. 11 have been made, as directed by the Council at
first reading.
Staff Recommendation: Denial, as per staff memo.
Kristan Pritz C. Ordinance No. 13, Series of 1990, second reading, a
request for an amendment to SDD No. 22, a resubdivision
of Lots 1-19, Block 2, Lionsridge Filing #3
(Applicant: Mr. Pat Dauphinais, Dauphinais-Moseley
Construction)
Action Request of Council: Approve/modify/deny
Ordinance No. 13, Series of 1990, on second reading.
Background Rationale: The PEC
March 26th. A motion was made
seconded by Dalton Williams to
conditions. The Board voted u
request. The approval was per
following amendments:
reviewed this request on
by Kathy Warren and
approve the SDD with
nanimously to approve the
the staff memo with the
1) The four additional curb cuts off of Lionsridge
Loop are acceptable.
2) The employee units (up to 15) may be located on any
lot as long as all development standards are met.
3) Each phase of development shall include a minimum
of 1 employee unit until the 6 employee unit
minimum is fulfilled.
4) A bus shelter shall be constructed by the developer
on the west side of the subdivision entrance in
Phase I.
5) Garages for employee units shall be connected to
the main structure.
6) The developer shall construct a sidewalk along the
north side of Lionsridge Lane beginning at the
cul-de-sac and extending to the main entry to the
subdivision.
7) At grade, unroofed, unenclosed decks may extend 5
feet into the rear setback for Lots 1-14.
Staff Recommendation: At the first reading of the
ordinance, Council recommended denial of the four
additional curb cuts. The developer has offered an
alternative solution to combine curb cuts and limit the
maximum number to 5 cuts. Staff supports this
solution. Approve Ordinance No. 13, Series of 1990, on
second reading.
Kristan Pritz D. Ordinance No. 14, Series of 1990, second reading, a
request for a Special Development District at the
Garden of the Gods on Lot K, Block 5, Vail Village 5th
Filing, and a portion of P-2, Block 3, Vail Village 5th
Filing, at 365 Gore Creek Drive (Applicant: Mrs. A.G.
Hill family)
Action Requested of Council: Approve/modify/deny
Ordinance No. 14, Series of 1990, on second reading.
Background Rationale: On March 26, 1990, the PEC
reviewed the SDD request and recommended approval by a
vote of 6-0-1 (Connie Knight abstained per the staff
memo).
Staff Recommendation: Approve Ordinance No. 14, Series
of 1990, on second reading.
Larry Eskwith E. Ordinance No. 15, Series of 1990, second reading, an
ordinance changing the order of business at Council
meetings
Action Requested of Council: Approve/modify/deny
Ordinance No. 15, Series of 1990, on second reading.
Background Rationale: The Council felt it would
encourage more public participation if Citizen
Participation were placed first on the agenda.
Staff Recommendation: Approve Ordinance No. 15, Series
of 1990, on second reading.
Ron Phillips F. Resolution No. 11, Series of 1990, a resolution
ratifying the Articles of Association of the NWCCOG
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Action Requested of Council: Approve/deny Resolution
No. 11, Series of 1990.
Background Rationale: NWCCOG has asked us to ratify
their Articles of Association, per the enclosed
letter.
Staff Recommendation: Approve Resolution No. 11,
Series of 1990.
8:15 4. Ordinance No. 16, Series of 1990, first reading, an
Tom Braun ordinance amending View Corridor #1
Action Requested of Council: Approve/modify/deny Ordinance
No. 16, Series of 1990, on first reading, for the proposed
amendment to the view corridor ordinance, and uphold or
overturn the PEC's approval of this redevelopment proposal.
Background Rationale: The PEC approved a site coverage
variance (6-1), a stream setback variance (6-1), a
conditional use permit for an outdoor dining deck (7-0), and
an exterior alteration (5-2) to facilitate the redevelopment
of the Red Lion building. The view corridor amendment is
also required as a part of the project's approval process.
Staff Recommendation: Staff has recommended approval of the
view corridor amendment and the overall redevelopment of
this building. The two memos included in the packet outline
specific issues relative to this project. Approve Ordinance
No. 16, Series of 1990, on first reading.
8:35
Shelly Mello
5. National Velvet Dry Cleaners Sign Variance
Action Requested of Council: Approve/deny variance request.
Background Rationale: On April 4, 1990, the DRB reviewed a
sign .variance request from National Velvet Dry Cleaners in
the West Vail Mall. The request was for 1) 1 sq. ft. of
signage over the allowed 10 sq. ft.; 2) a change in location
from the business frontage to the east facing parapet wall;
and 3) an increase in height of 6 ft. over the allowed 8
ft. The DRB recommends approval of the request.
Staff Recommendation: Staff recommends approval of the
height and location request. However, we do not feel that a
variance for size is warranted because of the size of the
minimal business frontage.
8:50
Shelly Mello
6. Side and Rear Setback Variance Request for Lot D-7 Bighorn
Terrace (Applicant: Kathryn Benysh)
Action Requested of Council: Approve/deny variance request.
Background Rationale: On April 9, 1990, the PEC voted
unanimously to approve a variance from the side and rear
setback requirements. The lot is currently zoned medium
density multi-family and has 20 ft. setback requirements
which greatly restrict development on these lots. The
zoning was imposed when the area was annexed.
Staff Recommendation: Staff recommends denial of the
request.
9:10
Tom Braun
7. Lions Ridge Rockfall Amendment
Action Requested of Council: Approve/deny a request to
amend a "high-severity" rockfall designation to "medium-
severity" on Lots 2, 3, 4, and 5, Block 3, Filing 3, and Lot
1, Filing 2, Vail Lions Ridge Subdivision.
Background Rationale: The hazard ordinance provides a
process for amending a hazard designation. The applicants
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have requested this amendment and have submitted a site
specific study by an engineering geologist as a basis for
this amendment.
Staff Recommendation: Staff has no recommendation on this
request.
9:30 8. Action on the ABC School Lease Agreement
Larry Eskwith
Action Requested of Council: Approve/deny the lease between
ABC School and the Town.
Background Rationale: ABC School has asked the Town to
extend their current lease for 12 years so they could
finance an expansion of their facility.
9:50 9. Action on UVI Space Lease Agreement
Steve Barwick
Action Requested of Council: Review and approve/deny the
proposed lease for the space owned by the Town in the Vail
Village Inn.
Background Rationale: Town staff has negotiated a lease for
the VVI space with the highest bidder.
10:10 CITIZEN PARTICIPATION
10:20
10. Adjournment
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ORDINANCE NO. 6
SERIES OF 1990
AN ORDINANCE REPEALING AND REENACTING CHAPTER 8.32
OF TITLE 8 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL
TO EXPAND, STRENGTHEN, AND CLARIFY CODE PROVISIONS
RELATING TO SMOKING IN PUBLIC PLACES AND PLACES OF
EMPLOYMENT.
WHEREAS, studies by the Surgeon General of the United
States, the National Academy of Sciences and other health
organizations have linked passive exposure to tobacco smoke to a
variety of negative health conditions in non-smokers; and
WHEREAS, the Town Council seeks to achieve a reasonable
balance between the rights of smokers and non-smokers by
regulating smoking in certain public places and places of
employment; and
WHEREAS, it is in the interest of the public health, safety,
and welfare that smoking be limited in the Town of Vail, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. Chapter 8.32 Smoking in Public Places
8.32.010 Legislative Intent
Because the smoking of tobacco or any other weed or
plant is a danger to health and is a cause of material annoyance
and discomfort to those who are present in confined areas, the
Town Council hereby finds, determines and declares it is necessary
and beneficial to the protection of the public health, safety, and
welfare to regulate smoking in certain public places.
8.32.020 Definitions
A. Employee
Employee means any person who is employed by any
employer.
B. Employer
Employer means any person, partnership, or
corporation, including a municipal corporation, who employs the
services of any person(s).
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C. Bar, Nightclub, Tavern
Bar, nightclub or tavern means any establishment
primarily engaged in the business of selling or dispensing
alcoholic or other beverages.
D. Health Care Facility
Health Care Facility means any office or
institution providing individual care or treatment of diseases,
whether physical, mental or emotional or other medical,
physiological or psychological conditions.
E. Place of Employment
Place of employment means any enclosed area under
the control of a public or private employer which employees
normally frequent during the course of employment. A private
residence is not a place of employment.
F. Public Place
Public place means any enclosed area in which the
general public is permitted, excluding the offices, work areas,
employee cafeterias or lounges not generally entered by the public
in the normal course of business for use of the premises. A
private residence is not a public place.
G. Restaurant
Restaurant means any establishment or place within
an establishment open to the public that offers food and beverages
for consumption on the premises.
H. Retail Store
Retail store means any establishment whose primary
purpose is to sell or offer for sale to consumer any goods, wares,
merchandise, articles or food for consumption off the premises.
I. Smoking
Smoking means the lighting of any cigarettes, cigar
or pipe, or the possession of any lighted cigarette, cigar, pipe,
regardless of its composition.
J. Sports Arena
Sports arena means any indoor facility primarily
used for sports, cultural or similar events.
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K. Theater
Theater means any indoor facility primarily used
for the exhibition of any motion picture, stage drama, musical
recital, dance, lecture or other similar performance.
8.32.030 Smoking Prohibited
A. Smoking is prohibited in public places located in
the following:
1. Health Care Facilities
2. Schools
3. Retail Stores
4. Childcare Centers
5. Banks
6. Theaters and Sports Arena, except when smoking
is part of a theatrical production.
7. Laundromats
8. Post Offices
B. Smoking is prohibited in any building or vehicle
owned or operated by the Town of Vail, Colorado.
C. Smoking is prohibited in .elevators in buildings
generally used by and open to the public including
elevators in offices, hotels and multi-family
buildings.
D. Smoking is unlawful in designated no smoking areas
on places of employment as set forth in Section
8.32.050.
E. Smoking is prohibited in public places located in
Restaurants if the owner or lessee of such places
designates all or part of such places as non-
smoking by signing the places as set forth in
Section 8.32.070.
8.32.040 Smoking Permitted
Smoking is permitted in the following public places
unless the owner or lessee of such places designates all or part
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of such places as non-smoking by signing the places as set forth
in Section 8.32.070:
A. Restaurants
B. Bars, nightclubs, taverns
C. Assembly or Meeting Rooms - located in public
places which may be rented by individual groups
for their exclusive use.
8.32.050 Places of Employment
A. Within 60 days after the effective date of this
ordinance the following requirements shall apply in places of
employment:
(1) The employer shall attempt to reach a reasonable
accommodation, insofar as possible, between the preferences of
smoking and non-smoking employees; provided, however, that
employers are not required to incur any expenses to make
structural or physical modifications to accommodate individual
preferences; if a satisfactory accommodation cannot be reached,
the preferences of non-smoking employees shall prevail but not to
the extent of requiring the expense of structural modifications;
(2) Smoking may be permitted in private, fully enclosed
offices even though such offices may be visited in the normal
course of business by non-smoking employees or occasionally by the
public;
(3) Smoking shall be prohibited in auditoriums, meeting
rooms, elevators, gymnasiums, medical facilities, conferences
rooms and rooms containing photocopying or other office equipment
used in common by employees;
(4) The employer shall designate at least 50 percent of
the seating capacity of cafeterias, lunchrooms and employee
lounges as no smoking areas; provided, however, that if there are
2 or more lounges available for employee use, one entire lounge
may be designated as a smoking area;
(5) The employer shall maintain a procedure to resolve
employee disputes and objections arising under any smoking
arrangement in the place of employment.
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B. The employer is encouraged to adopt a written
smoking policy within the suggested 60 days and to communicate any
such policy to all employees within 3 weeks of its adoption.
C. Notwithstanding the provisions of this subsection
A of this section, every employer shall have the right to
designate any place of employment as a non-smoking area.
8.32.060 Discrimination or Retaliation unlawful
It shall be unlawful for any employer, proprietor or
person in charge of public places or places of employment
regulated under 8.32.050 (5) to discharge, discriminate against or
in any manner retaliate against any person who requests the
designation of smoking areas or enforcement within no smoking
areas or designated smoking areas.
8.32.070 Signs
To advise persons of the existence of "No Smoking" or
"Smoking Permitted" areas, signs with letters not less than one
inch in height or the international no smoking symbol not less
than three inches in height shall be posted as follows:
A. In public places where smoking is prohibited in the
entire public place by this ordinance or by the owner, proprietor
or person in charge of a public place exercising his option to
prohibit smoking in accordance with this ordinance, a sign using
the words "No Smoking" or the international no smoking symbol, or
both shall be posted within eye-level at all public entrances or
at eye-level and within ten feet of every entry into the public
place.
B. In public places where certain areas are designated
as smoking areas pursuant to this Chapter, the statement "No
smoking except in designated areas" shall be conspicuously posted
on all public entrances within eye-level or in a position at
eye-level within ten feet of entry into the public place.
C. In public places where smoking is permitted in the
entire building or area assigned using the words "This area is a
smoking area" in its entirety shall be conspicuously posted at
eye-level either on all public entrances or at eye-level within
ten feet of entry into the area or building.
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4. The repeal of 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
preceedings as commenced under or by virtue of the provision
repealed or repealed and reenacted. The repeal of any provision
hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
INTRODUCED, READ AND APPROVED ON FIRST READING this 3rd day
of April 1990, and a public hearing shall be held on this
ordinance on the 3rd day of April , 1990, at 7:30 p.m. in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordered published in full this 3rd day of April
1990.
Kent R. Rose, Mayor
ATTEST:
Pamela Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 1990.
Kent R. Rose, Mayor
ATTEST:
Pamela Brandmeyer, Town Clerk
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8.32.080 Prohibited Smoking Areas
Smoking .shall not be permitted and smoking areas shall
not be designated in those areas where smoking is prohibited by
the Fire Chief, State statute, ordinances, fire code regulations,
or other regulations of the Town of Vail, Colorado.
8.32.090 Sale of Tobacco Products to Minors
The sale of tobacco in any form from any source to
minors shall be prohibited. Anyone witnessed selling any tobacco
product to a minor shall be subject to the penalties herein.
8.32.100 Penalty
The penalty for violation of any provision of this
Chapter is a fine of not more than five hundred dollars ($500).
8.32.110 Violations
The following acts constitute violations of this
article:
(A) Smoking in a posted no smoking area;
(B) Failure to post a no smoking sign as required by
this article;
(C) Willful destruction or defacement of a sign posted
as required by this article;
(D) Sale of any tobacco product to a minor.
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, sub-
section, 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.
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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, there is an identified need for affordable housing
in the community; and
WHEREAS, the Town of Vail has not adopted formal policies to
encourage the development of affordable housing units; and
WHEREAS, the Special Development District provides for
creativity and flexibility to allow for the development of
affordable housing; 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.
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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,
or 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/Landscape plan dated 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. DENSITY•
Development in SDD No. 24 shall be limited to 1
primary/secondary structure each on lots 3, 4, and 5.
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 be restricted as employee rental units
as per Section 18.13.080 B.10 of the Vail Municipal
Code.
2. The owners of Lots 3, 4, and 5 shall submit an annual
report to the Town of Vail demonstrating that the lot's
secondary units are rented and occupied as stipulated
in Condition #1.
3. The pool area on Lot 4 shall be permanently restricted
to a pool. A declaration shall be filed of record in
the office of the Eagle County Clerk and Recorder in a
form approved by the Town Attorney.
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.
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 by declared invalid.
Section 9.
The repeal 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
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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 10.
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 Chambers of the Vail Municipal Building, Vail,
Colorado. Ordered published
1990.
this day of
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 N0.13
Series of 1990
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 23,
SERIES OF 1988, TO PROVIDE CHANGES TO SPECIAL DEVELOPMENT
DISTRICT NO. 22 THAT CONCERN LOT SIZE AND CORRESPONDING GRFA;
AND CURB CUTS; AND EMPLOYEE DWELLING UNITS; AND ARCHITECTURAL
GUIDELINES; 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 No. 23, Series
of 1988 Special Development District No. 22; and
WHEREAS, Dauphinais-Moseley Construction has requested to
amend the existing Special Development District No. 22; and
WHEREAS, there is an identified need for affordable housing
in the community; and
WHEREAS, the Town of Vail has not adopted formal policies to
encourage the development of affordable housing units; and
WHEREAS, the Special Development District provides for
creativity and flexibility to allow for the development of
affordable housing; and
WHEREAS, The Planning and Environmental Commission has
recommended that certain changes be made to Special Development
District No. 22; 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. 23,
Series of 1988 to provide for such changes in Special Development
District No. 22, Dauphinais Subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: Ordinance No. 23, Series of 1988 is
hereby repealed and reenacted to read as follows:
Section 1. Amendment Procedures Fulfilled, Planning Commission
Report
The approval procedure prescribed 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. 22.
Section 2. Special Development District No. 22
Special Development District No. 22 (SDD22) and the development
plan therefore, are hereby approved for the development of Lots 1
through 19, Block 2, Lionsridge Subdivision Filing 3 within the
Town of Vail consisting of 10.69 acres.
1
Section 3. Purpose
Special Development District 22 is established to ensure
comprehensive development and use of an area that will be
harmonious with the general character of the Town of Vail. The
development is regarded as complementary to the Town by the Town
Council and meets all design standards and criteria as .set forth
in Section 18.40 of the Municipal Code. There are significant
aspects of Special Development District 22 that are difficult to
satisfy through the imposition of the standards of the underlying
primary/secondary zone district. Special Development District 22
allows for greater flexibility in the development of the land
than would be possible under the current zoning of the property.
The smaller single-family lots provide the opportunity for a
common open space for the subdivision as well as the means to
preserve the southerly ridge line of the property. Special
Development District 22 provides an appropriate development plan
to preserve the visual quality of the site from within the
subdivision as well as adjacent properties in the community in
general.
Section 4. Development Plan
A. The development plan for SDD 22 is approved and shall
constitute the plan for development within the Special
Development District. The development plan is comprised of
those plans submitted by Dauphinais-Moseley Construction and
consists of the following documents which will be finalized
at the Major Subdivision final plat review:
1. Site development plan, Lionsridge Resubdivision of Lots
1-19, Vail, Colorado, Arnold/Gwathmey/Pratt Architects,
dated March 22, 1990.
2. Conceptual landscape plan, Arnold/Gwathmey/Pratt
Architects, dated March 20, 1990.
3. Final plat of Lionsridge Subdivision Filing No. 5, a
resubdivision of Lots 1-19, Block 2, and Lionsridge
Lane, Lionsridge Subdivision Filing No. 3, Town of
Vail, Eagle County, Colorado sheets 1 and 2,
Intermountain Engineering Limited, dated April 19,
1989.
4. Construction, grading and drainage drawings for a
resubdivision of Lots 1-19, Block 2, and Lionsridge
Lane, Lionsridge Subdivision Filing No. 3, Town of
Vail, Eagle County, Colorado, Intermountain Engineering
Limited, sheets 1-8, dated March 9, 1989 to be
finalized at the final plat review for the subdivision.
5. Soils and Foundation Investigation for Lots 1-24,
Lionsridge 5th Filing.
2
B.
6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt
Architects, March 1990.
The development standards shall be as follows:
1. Acreaae: The total acreage of this site is 10.69 acres
or 465,650 square feet.
2. Permitted Uses: The permitted uses for SDD 22 shall
be:
a. Single family residential dwellings
b. Open space
c. Public roads
d. Employee dwelling units as defined in Section 5,
paragraph G of this ordinance.
3. Conditional Uses:
a. Public utility and public service uses
b. Public buildings, grounds and facilities
c. Public or private schools
d. Public park and recreation facilities
4. Accessory Uses:
a. Private greenhouses, toolsheds, playhouses,
garages or carports, swimming pools, patios, or
recreation facilities customarily incidental to
single-family uses.
b. Home occupations, subject to issuance of a home
occupation permit in accordance with the
provisions of Sections 18.58.130 through
18.58.190.
c. Other uses customarily incidental and accessory to
permitted or conditional uses, and necessary for
the operation thereof.
5. Lots Sizes and Maximum GRFAs:
MAXIMUM
LOT SIZE GRFA
1 11,805 2,293
2 16,248 3,171
3 11,500 3,171
4 11,805 2,293
5 12,197 2,293
6 11,500 3,171
7 11,543 3,171
8 11,021 3,171
9 11,456 3,171
10 11,979 3,171
11 10,803 3,171
12 12,981 3,171
13 15,159 3,171
14 11,151 3,171
15 8,494 2,293
16 8,494 2,293
17 8,494 2,293
18 10,062 3,171
19 9,148 2,293
20 9,801 3,171
21 10,237 3,171
22 9,409 2,293
23 10,324 3,171
24 9,496 2.293
68,202
3
6. Setbacks: Minimum setbacks shall be as indicated on
the approved site development plan by
Arnold/Gwathmey/Pratt Architects, dated March 22, 1990.
Roof overhangs shall be allowed to encroach up to 2'
into the required side setback of 10' for each lot.
An unenclosed, unroofed, deck or patio at grade may
encroach into the rear setback by 5' for lots 1-14.
7. Density: Approval of this development plan shall
permit a total of 24 single-family dwelling units on
the entire property. A minimum of 6 employee dwelling
units shall be incorporated into any 6 of the single-
family units. A maximum of 15 employee dwelling units
(including the six required employee units) may be
included within 15 of the single-family units if
desired by the developer or individual lot owner.
8. Building Height: For a flat roof or mansard roof., the
height of the building shall not exceed 30'. For a
sloping roof, the height of the building shall not
exceed 33'. The height calculation shall be made by
measuring from the existing grade as indicated on the
Intermountain Engineering Topographical Survey dated
March 13, 1990 or finished grade. Height shall be
calculated per Section 18.04.170 of the Municipal Code.
9. Site Coverage: Not more than 25 percent of the total
site area on each lot shall be covered by buildings.
10. Parking: Parking shall be as required in Section 18.52
of the Vail Municipal Code. Each employee dwelling
unit shall be required to have at least one enclosed
garage parking space.
il. Design Guidelines: The development of each lot shall
be guided by the architectural and landscape design
guidelines as approved as part of the Special
Development District No. 22. The guidelines are as
follows:
a. Architectural. The architectural design of the
buildings upon the site shall be such that
buildings relate harmoniously to each other. This
is not to imply that each building must look
exactly similar to those around it, but that
compatibility be achieved through the use of
scale, materials and colors, and building shape
and form. The overriding concern is that, upon
completion, the Special Development District,
because of the clustered nature of the small.
single family lots situated around common open
space, should appear to be an integrated
development possessing a common architectural
quality, character, and appearance. To this end
the following general design criteria shall be
followed by the developer and individual lot
owners:
4
i. A palette of colors shall be as set forth in the
Lionsridge Color Palette from
Arnold/Gwathmey/Pratt dated March 1990. Colors
are indicated for the use on different types of
building materials and elements such as stucco
colors, siding colors, metal flashing, windows,
accent colors, etc. The palette of colors
indicate a range of acceptable colors in order to
encourage similarity on one hand, but also
diversity within the acceptable range.
ii. The following building standards and materials
shall be adhered to
(1) Roof. The roof pitch shall be a minimum 8/10
and a maximum of 12/12. A clipped or hipped
gable roof shall be mandatory. The roofing
material shall be cedar shake shingles with
staggered butts.
(2) Chimneys. The chimneys shall be stucco with
chimney caps of weathered copper.
(3) Flues. All flues shall be galvanized or
"paint Lols" sheet metal, painted to match
the roof.
(4) Main Fascia. The main fascia shall be a
solid color stain, with brown, taupe, or
gray.
(5) Secondary Fascia and Metal Railings above the.
First Floor. The secondary fascia and metal
railings above the first floor shall be an
accent trim color of muted green, red or
blue.
(6) Walls. Walls shall be of stucco and
horizontal wood siding. Stucco colors shall
be gray, beige or off-white. Wood siding
colors shall be gray, brown or taupe.
(7) Stone. Residences will have a minimum of a
two foot high stone wainscot in rainbow mix
with a sandstone cap around the perimeter of
the structure.
(8) Windows. Windows shall be recessed a minimum
of two inches from the outside wall plane and
have a sandstone sill. Trim shall be white,
taupe or brown.
(9) Outdoor Lighting. Outdoor lighting shall be
indirect with a concealed source except for
an entry chandelier which may be exposed
globes with a fixture of black or weathered
cooper look metal.
(10) Garages. No garage doors shall directly face
the street.
5
(il) A residential address/nameplate if desired by
the owner shall be located on the side of the
garage facing the access point to the lot.
b. Landscape. When the individual landscape
plans are designed for individual lots,
special care shall be taken in the design of
side yard landscaping in order to provide
adequate screening between structures.
12. Recreational Amenities Tax: The recreation
amenities tax shall be assessed at the rate for a
single-family residential zone district.
Section 5. Conditions of Approval
A. Special Development District No. 22 shall not be effective
until the major subdivision is approved by the Planning and
Environmental Commission and is recorded by the Town of Vail
at the Eagle County Clerk and Recorders Office.
B. The major subdivision shall be recorded at the Eagle County
Clerk and Recorder's Office before a building permit is
released for any construction on the subdivision including
common improvements as well as individual residences.
C. The Town of Vail Engineer shall have the right to review and
approve the five (maximum number) curb cuts for lots 15-23
accessing off of Lionsridge Loop to ensure proper driveway
orientation, landscaping, visibility, and drainage before a
building permit is released for any of the units on these
lots. Back out driveways are prohibited for these lots.
D. The developer shall submit a landscaping, signage, and wall
design for the entry to the subdivision for review and
approval by the Town Engineer before final Design Review
Board approval.
E. The developer shall construct a sidewalk along the north or
south side of Lionsridge Lane. The developer may construct
the entire sidewalk under the Phase I building permit or may
construct the sidewalk in subsequent phases of construction.
As each lot is developed, the portion of the sidewalk
adjacent to the lot shall be constructed subsequent to the
issuance of a building permit and prior to the issuance of a
temporary certificate of occupancy for the unit on the lot.
F. The developer shall be responsible for constructing a bus
shelter on the west or east side of the entry into the
subdivision if and when the Town of Vail deems it is
appropriate to provide bus service to properties adjacent to
Lionsridge Loop and/or if the School District determines it
is appropriate to provide bus service for Lionsridge Loop
property owners. The bus shelter design shall be mutually
acceptable to the developer and Town of Vail. The bus
shelter shall also be required to receive approval from the
Design Review Board.
6
G. The development of Special Development District No. 22 will
have impacts on the available employee housing within the
Upper Eagle Valley Area. In order to help meet this
additional employee housing need, the developer of Special
Development District No. 22 shall provide employee housing
on site. The following restrictions shall apply to all
employee dwelling units within SDD No. 22:
The developer shall build a minimum of six employee dwelling
units within the subdivision. Each employee dwelling unit
shall have a minimum square footage of 400 square feet not
to exceed 500 square feet and is allowed to have a kitchen.
The GRFA and number of employee units shall not be counted
toward allowable density or GRFA for Special Development
District No. 22. The developer may provide up to 15
employee dwelling units including the 6 required dwelling
units if so desired.
The employee dwelling units may be located on any of the
lots within the subdivision providing all the development
standards are met for each lot. Only one employee dwelling
unit shall be allowed per lot. An employee dwelling shall
be incorporated into the structure of the primary residence
and shall not be allowed to be separated from the primary
unit. Each employee dwelling unit shall have one enclosed
garage parking space. This parking space shall not be
detached from the single-family garage or structure. The
employee dwelling unit shall be prohibited from having a
wood burning fireplace. Each phase of construction shall
include a minimum of one employee dwelling unit until six
employee dwelling units are constructed and available for
rental.
The employee dwelling unit shall be restricted as a rental
employee dwelling unit permanently. 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. An employee dwelling unit shall not be divided
into any form of time-share, interval ownership, or
fractional fee ownership. The employee dwelling unit shall
not be sold, transferred or conveyed separately from the
single family unit.
7
The owner of each employee dwelling unit shall be required
to declare in writing on an annual basis to the Town of Vail
that the employee dwelling unit has been rented as a long
term rental per the requirements outlined in this section.
This declaration shall include a written statement from the
owner listing the renter's name, place of employment, and
length of time the unit was rented. The declaration shall
be required to be signed by both the lot owner and renter.
A declaration of covenants and restrictions shall be filed
on record in the office of the Eagle County Clerk and
Recorder in the 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 any employee dwelling unit. The
Town of Vail shall be a party to this employee housing
agreement.
H. The developer and Town shall enter into a developer's
agreement which shall provide that no final plat for
subdivision shall be signed by the Town unless security is
provided by the developer to ensure completion of the
requirements set forth in Conditions D, E, and F. The
security set aside for the bus shelter in Section SF may be
released after 5 years from the date the final plat is
recorded.
I. The architectural and landscape design guidelines shall be
incorporated into the subdivision covenants before the final
plat is recorded at the Eagle County Clerk and Recorder's
office. The Town of Vail shall be party to these
agreements.
J. The first phase of construction for the subdivision shall
include construction of residences on Lots 1, 2, 3, 4, and
24, project entry plan completion, final grading of common
open space, and revegetation of native grasses on all
disturbed portions of .the subdivision, paving of Lionsridge
Lane, all utilities constructed and stubbed to individual
lots, as well as drainage improvements.
The second through fifth phases shall include construction
of 4 to 5 units per year until the project is built out.
Section 6. Amendments
Amendments to Special Development District No. 22 shall follow
the procedures contained in Section 18.40.100 of the Vail
Municipal Code.
8
Section 7. Expiration
The applicant must begin construction of the Special Development
. District within 3 years from the time of its final approval, and
continue diligently toward completion of the project. If the
applicant does not begin and diligently work toward the
completion of the Special Development District or any stage of
the Special Development District within the time limits imposed
by the preceding subsection, the Planning and Environmental
Commission shall review the Special Development District. They
shall recommend to the Town Council that either the approval of
the Special Development District be extended, that the approval
of the Special Development District be revoked, or that the
Special Development District be amended.
Section 8.
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 by declared invalid.
Section 9.
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 10.
The repeal 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 11.
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.
9
INTRODUCED, READ AND
1990,
ordinance on the
in the Council Chamb~
Colorado.
Ordered published in
PASSED ON FIRST READING
and a public hearing sh~
_ day of
er of the Vail Municipal
full this day of _
THIS day of
311 be held on this
_, 1990 at 7:30 p.m.
Building, Vail,
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
10
'~
ORDINANCE NO. 14
Series of 1990
AN ORDINANCE REPEALING ORDINANCE NO. 40,
SERIES OF 1987 AND APPROVING SPECIAL DEVELOPMENT DISTRICT NO. 19,
GARDEN OF THE GODS, IN ACCORDANCE WITH CHAPTER 18.40 OF THE
MUNICIPAL CODE 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 40, Series of 1987,
Special Development District NO. 19, Garden of the Gods; and
WHEREAS, the approval for Special Development District No. 19,
Garden of the Gods, has lapsed; and
WHEREAS, the owner of the Garden of the Gods, Mrs. A. G. Hill
Family, has requested Special Development District approval for
certain parcels of property within the Town known as Lot K, Block 5A,
Vail Village Fifth Filing and a portion of Lot P-2, Block 3, Vail
Village Fifth Filing; and
WHEREAS, there is an identified need for affordable housing in
the community; and
WHEREAS, the Town of Vail has not adopted formal policies to
encourage the development of affordable housing units; and
WHEREAS, the Special Development District provides for creativity
and flexibility to allow for the development of affordable housing;
and
WHEREAS, the Planning and Environmental Commission has
recommended approval for Special Development District No. 19; and
WHEREAS, the Town Council considers that it is reasonable,
appropriate, and beneficial to the Town and its citizens, inhabitants,
and visitors to repeal Ordinance No. 40, Series of 1987 and to provide
far a new Special Development District No. 19, Garden of the Gods by
the adoption of Ordinance 14, Series of 1990.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Ordinance No. 40, Series of 1987, is hereby repealed, Ordinance
No. 14, Series of 1990, is enacted as follows:
1
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. 19.
Section 2. Special Development District NO. 19
Special Development District No. 19 (SDD No. 19) and the development
plan therefore, are hereby approved for the development of Lot K,
Block 5A, Vail Village 5th Filing and a portion of Lot P-2, Block 3,
Vail Village Fifth Filing within the Town of Vail.
Section 3. Purpose
Special Development District No. 19 is established to ensure
comprehensive development and use of an area that will be harmonious
with the general character of the Town of Vail and to promote the
upgrading and redevelopment of a key property in the Town. The
development is regarded as complementary to the Town by the Town
Council and meets all the design standards as set forth in Section
18.40 of the Municipal Code. There are significant aspects of Special
Development District No. 19 which cannot be satisfied through the
imposition of standards in the Public Accommodation zone district.
SDD No. 19 is compatible with the upgrading and redevelopment of the
community while maintaining its unique character.
Section 4. Development Plan
A. The development plan for SDD No. 19 is approved and shall
constitute the plan for development within the Special
Development District. The development plan is comprised of the
following plans:
1. Site Plan, Garden of the Gods III, Sheet 1, dated February
20, 1990, Snowdon and Hopkins, Architects.
2. Landscape Plan, Sheet 2, dated February 20, 1990, Snowdon
and Hopkins, Architects
3. Garage Level Plan, Sheet 3, dated February 20, 1990, Snowdon
and Hopkins, Architects
2
4. Ground Level Plan, Sheet 4, dated February 20, 1990, Snowdon
and Hopkins, Architects.
5. Second Floor Plan, Sheet 5, dated February 20, 1990, Snowdon
and Hopkins, Architects.
6. Third Floor Plan, Sheet 6, dated February 20, 1990, Snowdon
and Hopkins, Architects.
7. Penthouse Plan, Sheet 7, dated February 20, 1990, Snowdon
and Hopkins, Architects.
8. East Elevation, Sheet 8, dated February 20, 1990, Snowdon
and Hopkins, Architects.
9. South Elevation, Sheet 9, dated February 20, 1990, Snowdon
and Hopkins, Architects.
10. West Elevation, Sheet 10, dated February 20, 1990, Snowdon
and Hopkins, Architects.
11. North Elevation, Sheet 11, dated February 20, 1990, Snowdon
and Hopkins, Architects.
12. Improvement Location Certificate, Job No. 618, dated June
29, 1989, Eagle Valley Engineering and Surveying, Inc.
B. The development plan shall adhere to the following:
1. Setbacks
Setbacks shall be as noted on the site plan listed above.
2. Heiqht
Heights of structures shall be as indicated on the elevations
listed above and on the site plan. However, in no case shall the
height exceed 48 feet for a sloping roof or 45 feet for a flat or
mansard roof and any encroachment into the approved Town of Vail
View Corridor No.S is prohibited.
3. Coverage
Site coverage shall be as indicated on the site plan listed
above.
4. Landscapinq
The area of the site to be landscaped shall be as indicated on
the final landscape plan approved by the Design Review Board and
on file in the Community Development Department.
3
5. Parkins
Parking shall be provided on Lot K, Block 5A, Vail Village 5th
Filing and a portion of Lot P-2, Block 3, Vail Village 5th Filing
as indicated on the site plan, but in no case shall the sites
have the ability to park less than 26 automobiles.
6. Densitv
SDD No. 19 shall not contain less than it accommodation units and
4 accommodation unit lock-offs per the approved floor plans,
representing 5,812 square feet of Gross Residential Floor Area
(GRFA) and 6 dwelling units representing 12,640 square feet of
GRFA per the approved floor plan. The site shall have a maximum
density of 11.5 dwelling units representing a total GRFA of
1.8,460 square feet. SDD No. 19 shall also contain 2 employee
dwelling units as indicated on the Ground Floor Plan by Snowdon
and Hopkins, Architects, dated February 20, 1990. Each employee
dwelling unit shall have a GRFA of 901 square feet.
7. Uses
Permitted, conditional, and accessory uses shall be as set forth
in the Public Accommodation Zone District while recognizing the
property will no longer meet the definition of a lodge as found
in Section 18.04.210.
8. Additional Amenities and Conditions of Approval for Special
Development District No. 19
a. The applicant shall submit a revised employee housing
agreement with a floor plan that clearly indicates the
location, type of unit, and square footage for each employee
housing unit. The two employee housing units shall be
restricted permanently. The agreement shall be submitted
and approved by the owner and Town of Vail before a building
permit is issued for the project. Section 18.13.080 shall
be used for the wording of the agreement, except that the
units shall be restricted to employee housing permanently.
The Town of Vail shall be a party to this agreement. This
agreement shall be recorded by the Town of Vail at the Eagle
County Clerk and Recorder's office. The covenants
4
concerning employee dwelling unit restrictions shall run
with the land.
b. The applicant shall submit a written statement agreeing to
restrict the proposed 11 accommodation units, 4
accommodation unit lock-offs, and 3 dwelling units as short
term rental units on a permanent basis. Even if the
project is condominiumized, the units listed above shall be
restricted as short term rentals. This written agreement
shall be submitted by the owner to the Town of Vail and
approved by the Community Development Department and Town of
Vail attorney before a building permit is issued for the
project. The Town of Vail shall be a party to this
agreement. This agreement shall be recorded as a covenant
that shall run with the land.
c. The owners of the Garden of the Gods shall construct a
sidewalk and bus stop on the east side of the Garden of the
Gods property as well as a sidewalk and planter adjacent to
the frontage of the P-2 parcel allocated to the Garden of
the Gods. The final design of the sidewalk, bus stop, and
planters shall be submitted by the owners of the Garden of
the Gods to the Public Works Department and Community
Development Department and Community Development Department
for approval. The sidewalks, planters and bus stop shall be
constructed subsequent to the issuance of a building permit
and prior to the issuance of a temporary certificate of
occupancy for the project. The applicant shall submit a
written statement agreeing to this condition for the Town
Attorney's approval before a building permit is released for
the project. If so required by the Town Engineer and Town
Attorney, the Garden of the Gods shall also provide a public
easement for the bus stop, sidewalk, and signage. The
owners of the Garden of the Gods shall submit the easement
agreement to the Town .Attorney and Town Council for approval
before a temporary certificate of occupancy is released for
the project.
5
d. The owners of the Garden of the Gods shall construct curb
and gutter as well as any other drainage (such as asphalt
work) improvements necessary along the north, south, and
east sides of their property. Final design for the drainage
improvements shall be submitted by the owners of the Garden
of the Gods to the Public Works Department for final
approval. These improvements shall be constructed
subsequent to the issuance of the building permit and prior
to the issuance of a temporary certificate of occupancy.
The drawings indicating the drainage improvements shall be
incorporated into the building permit application.
e. A revocable right of way agreement shall be completed by the
owners of the Garden of the Gods for any encroachments on
the public right-of-way. This agreement must be submitted
to the Community Development Department and approved before
a building permit will be released on the project.
f. The owners of the Garden of the Gods shall submit a utility
and drainage easement vacation to the Town Council for
approval before a building permit may be released for the
project.
g. All fireplaces shall be gas and meet the Town of Vail
ordinance governing gas appliances.
h. Run-off control and pollution control devices shall be
incorporated into the surface parking lots. This issue
shall be addressed at the Design Review Board review of the
project and any measures to control run-off or pollution
shall be incorporated. into the building permit plan.
i. Due to the construction of the bus stop, four evergreen
trees shall be either relocated or replaced. If the trees
must be removed, landscaping that has substantially the same
positive impact shall be required by the Design Review
Board.
6
Section 5.
If any part, section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared
invalid.
Section 6.
The repeal or the repeal and reenactment of any provisions of the Vail
Municipal Code as provided in this ordinance shall not affect any
right which has accrued, andy duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by
virtue of the provision repealed or repealed and reenacted. The
repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated
herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS day of
_ , 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 publish this day of ,
1990.
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Kent R. Rose, Mayor
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1990
Kent R. Rose, Mayor
H'1"1'r,J 1
Pamela a. Brandmeyer, Town Clerk
7
ORDINANCE N0. 15
Series of 1990
AN ORDINANCE AMENDING SECTION 2.04.050 OF THE MUNICIPAL
CODE OF THE TOWN OF VAIL CHANGING THE ORDER OF BUSINESS
IN REGULAR AND SPECIAL MEETINGS OF THE TOWN COUNCIL; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council is of the opinion that Town Council meetings would be
more efficiently handled if some changes were made in the order of business in
regular and special meetings of the Town Council.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, as follows:
1. Section 2.04.050 of the Municipal Code of the. Town of Vail is hereby
amended as follows:
2.04.050 ORDER OF BUSINESS
In regular and special meetings of the Town Council, the order of business
shall be as follows:
A. Call to Order by the Mayor;
B. Determination of Quorum;
C. Minutes of Preceding Meetings;
D. Citizen Participation;
E. Consideration of Ordinances, Resolutions, and Motions;
F. Consideration of Other Matters on the Agenda;
G. Reports from Town Manager and Town Attorney;
H. Statements, Observations, and Inquiries by the Mayor and Councilmen;
I. Concluding Statement by the Mayor;
J. Adjournment.
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 3rd day of April
1990, and a public hearing shall be held on this Ordinance on the 3rd day of
April , 1990, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Ordered published in full this 3rd
day of April 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-
TO: Town Council
FROM: Community Development Department
DATE: April 17, 1990
RE: A request to amend View Corridor No. 1 and the review
of the proposed redevelopment of the Red Lion Building.
The Planning and Environmental Commission approved the
redevelopment of the Red Lion Building at their April 9, 1990
meeting. This approval involved:
1. A site coverage variance to permit a .25~ increase in
site coverage.
(approved 6-1)
2. A stream setback variance to allow a two foot
encroachment into the required 30' stream setback.
(approved 6-1)
3. A conditional use permit for an outdoor dining deck on
the east side of the building.
(approved 7-O)
4. An exterior alteration to add enclosed floor area to
the building in Vail Village.
(approved 5-2) Commissioner Warren requested that the
Council be aware that she supported the project with
the exception of the proposed infill of a portion of
outdoor dining patio on Bridge Street.
The conditions of approval applied to these request include the
following:
1. As a part of this redevelopment, the applicants agree
to point and repair the brick wall along Bridge Street
and in the area of the small plaza at the north-west
corner of the site. Improvements to this plaza shall
also include upgrading existing benches, planters,
newspaper box and trash receptacle locations and
landscaping.
2. The streetscape improvements shown along Hanson Ranch
Road are considered conceptual, and the applicants
shall agree to work with the staff and Winston
Associates in refining this .design relative to the Vail
Village streetscape Plan. This condition shall also
apply to the plaza area referenced in condition No. 1
and the landscape improvements proposed adjacent to
Mill Creek.
3. All windows located on stucco wall planes shall be
recessed a minimum of 3".
4. State of the art venting shall be used to reduce
negative impacts (smell, smoke, etc.) emanating from
the site.
5. The owner/developers of the residential development on
this site shall agree to permanently restrict Gross
Residential Floor Area (GRFA), building height and
density on this site to what is permitted by this
approval. The Town of Vail shall be a party to this
restriction and the restriction shall be recorded with
the Clerk and Recorders Office at Eagle County.
6. Any trees damaged or killed within two years of the
completion of this project shall be replaced with
similar size and type tree.
7. The Red Lion logo shall be retained as a part of this
redevelopment in approximately the same size and
location.
8. The developers/owners are strongly encouraged to
participate in developing solutions to traffic, loading
and delivery problems in Vail Village.
9. The rekord doors (or other type of window system
installed) to the Red Lion Restaurant along Bridge
Street shall remain totally open during business hours
between June 15 and September 15 of each year. These
windows may be opened at any other time during the year
at the discretion of the restaurant management.
10. The applicants shall complete stream-bank stabilization
work on both sides of Mill Creek over the entire length
of the Red Lion property. The final design and
implementation of these improvements shall be subject
to review by the staff and the Design Review Board.
All of these approvals are the authority of the Planning
Commission. The amendment to View Corridor No. 1 requires
approval by the Council. With regard to this amendment, the
Planning Commission recommended by a 6-1 vote to recommend
approval for modification to this View Corridor. Their support
was predicated on two conditions:
1. That the photo depicting View Corridor No. 1 be
modified to reflect the new Red Lion Building at a time
when the expansion is completed. The Commission
preferred this alternative as opposed to modifying the
line that delineates the View Corridor.
2. That the specific reasons justifying this request be
included in the preamble of the ordinance authorizing
this amendment.
While the staff was supportive of this approach in amending the
View Corridor, legal complications have developed that prevent
this from occurring. As written, the View Corridor Ordinance
prohibits any encroachment above the line indicated on the photo.
To allow this development to proceed and simply rephotograph the
view would be a violation of the Ordinance because the new ridge
does in fact encroach into the View Corridor. Without changing
the wording of the Ordinance, this approach is not feasible. To
change language in the Ordinance that would allow building
encroachments over the line could create greater complications
for future development in the Village. The staff feels that the
only feasible alternative is to modify the actual line on the
official photograph of View Corridor No. 1.
The staff would recommend that the View Corridor be amended by
allowing this development to proceed, and after the building is
completed, a new photograph will be taken and the line depicting
the View Corridor will be relocated and resurveyed to run
directly above the building's new ridge line. While this
approach does alter the line depicting the View Corridor, it
provides the greatest assurances against future encroachments
into the View Corridor. The accompanying Ordinance outlines
conditions that would be applied to this amendment.
NORTH ELEVATION
1/8 inch to 1 foot
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EAST ELEVA
1/8 inch to
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SOUTH
ORDINANCE NO. 16
Series of 1990
AN ORDINANCE AMENDING ORDINANCE NO. 13, SERIES OF 1983, IN
ORDER TO MODIFY VIEW CORRIDOR NO. 1; AND SETTING
FORTH THE DETAILS IN REGARD THERETO.
WHEREAS, it is the opinion of the Town Council that the
preservation of certain view corridors is essential to protect
and preserve the unique mountain character of Vail; and
WHEREAS, Ordinance No. 13, Series of 1983 formally adopted
four view corridors; and
WHEREAS, Ordinance No. 13, Series of 1983 recognized that
circumstances affecting view corridors may change necessitating
the review and if necessary, the revision of view corridors; and
WHEREAS, the redevelopment of the Red Lion Building has been
proposed and said redevelopment is consistent with the Vail
Village Urban Design Guide Plan and with permitted Commercial
Core I building height limits; and
WHEREAS, the highest ridge of the redevelopment of the Red
Lion building will encroach into View Corridor No. 1; and
WHEREAS, the encroachment of the Red Lion Building will
remain below the ridge line of the existing Golden Peak House and
will not alter views of Vail Mountain or other focal points
within Vail Village;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.
The surveyed line delineating View Corridor No. 1 shall be
amended to be redrawn directly above the ridge line of the
redeveloped Red Lion Building as depicted in plans by Morter
Architects, dated April 3, 1990. The realignment of this line
shall be limited to the precise location of the Red Lion ridge;
all other points of the line delineating View Corridor No. 1
shall remain unchanged.
Section 2.
The owners and/or developers of the Red Lion redevelopment shall
fund and complete the modifications of View Corridor No. 1. This
work shall include, but not be limited to resurveying the line
depicting View Corridor No. 1 and rephotographing View Corridor
No. 1. This work shall be completed after the highest ridge line
of the Red Lion Building is constructed, and completed before the
issuance of any Temporary Certificate of Occupancy.
Section 3.
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 by declared invalid.
Section 4.
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 5.
The repeal 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.
2
Section 6.
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 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
Z
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TO: Design Review Board
FROM: Community Development Department
DATE: April 4, 1990
SUBJECT: A Sign Variance request for National Velvet Dry
Cleaners located in the West Vail Mall, 2161 North
Frontage Road West.
Applicant: Bill House
I. THE REQUEST
National Velvet Dry Cleaners variance request entails an 11
sq. ft. sign to be located on the east elevation (facing
Safeway). The sign will be mounted on the parapet wall at a
height of 14 feet above grade. National Velvet is located on
the arcade in the West Vail Mall. Under the Town's sign code,
National Velvet would be allowed a sign of 10 sq. ft. at a
height of 8 feet above grade parallel to the exterior wall of
the business. (See attached elevation)
The 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 the following:
1) an increase in sign area of 1 .square foot over
the allowed square footage of 10 ft.
2) an increase in height of 6 feet over the allowed
8 feet for a maximum height of 14 feet above grade
and
3) a change in location from the business front on
the arcade to the front of the parapet wall facing
Safeway. The applicant will be allowed a total of
one exterior sign for his business.
II. BACKGROUND
As of this date, the West Vail Mall sign program has not
received final Design Review Board approval. However, a draft
proposal was submitted for conceptual review and received
general support from both the staff and the Design Review
Board. We feel it is unfair to the applicant to delay their
application until a sign program is approved. Recently, the
Design Review Board recommended to the Council, by a 3-1 vote,
that they approve the Jackalope Cafe and Cantina sign variance
request which allowed the owner to install a sign on the south
parapet wall at a height of 24 ft., with a total sign area of
11.2 square feet. The staff supported the request because we
felt the signage would be ineffective in the required location
located parallel to the business frontage. The staff also
felt that a size variance of 1.2 sq. ft. was appropriate
because the business occupies 2 retail spaces within the mall.
The conucil unanimously voted to approve the requested
variance on 4.3.90.
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 applying
to the land buildings, topography, vegetation, sign
structures or other matters on adjacent lots or within
the adjacent right-of-way which would substantially
restrict the effectiveness of the sign in question,
provided, however that such special circumstances or
attention and do not apply generally to all businesses
or enterprises.
STAFF RESPONSE
The design of the building and siting of this particular
business on an arcade creates a physical hardship. The
business is very difficult to see unless a person is
directly adjacent to the store. This situation
significantly decreases the effectiveness of any sign
located adjacent to National Velvet Cleaners. The height
of the sign is dictated by the height of the existing
parapet wall. The proposed wall sign will not have
significant negative impacts due to its height and
location and will not draw undue attention to itself.
i
It should again be pointed out that a sign program has
been proposed for the West Vail Mall. The program will
allow for signage for the remaining and future arcade
businesses in a comprehensive manner and therfore
eliminating the need for numerous, future variance
requests.
B. That special circumstances were nat created by the
applicant or anemone in pries 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 adj acent property, to the
neighborhood, or to the public welfare in general.
Staff Response:
The staff feels that this request meets the general
intent of the sign code and is in harmony with it. 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 type of business in a direct and reasonable
manner.
However, the staff feels that the request for an increase
of 1 square feet in size is not warranted due to the size
and frontage of the retail space that the business
occupies. The business has a frontage of 20' which is
the minimum length that would allow 10 square feet of
signage.
D. The variance applied for does not depart from the
provisions of this title any more than is required
to identify the applicant's business or use.
Staff Response•
The staff feels that the variance requests for a change
in location and height meets the general intent of the
sign code. We feel that a sign with the allowed square
footage of 10', at a height of 14', on the east facing
parapet wall 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. While the staff feels that the request for a
variance from the location and height are appropriate,
we do not feel that a size variance is appropriate due
to the size of the business. Staff opinion is that 10
sq. ft. is adequate to identify a business having 20
lineal feet of frontage.
IV.
STAFF RECOMMENDATIONS:
The Community Development Department recommends approval of
the requested variance from the location and height
requirements. We feel that the height and location of the
proposed sign is in harmony with the intent of the sign code
and will 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 Ma11. However, the
staff does not support the request for a variance for the
increased size of the signage and recommends that the size of
the sign be limited to 10 sq. ft.
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TO: Town Council
FROM: The Community Development Department
DATE: April 16, 1990
SUBJECT: A setback variance request on Lot 7 Bighorn Terrace
Subdivision, 4242 East Columbine Way
On April 9, 1990 the PEC unanimously approved a request for a side
and rear setback variance for Lot D-7 in Bighorn Terrace
Subdivision. The variance was for a 13 foot encroachment into the
side setback and 15 foot encroachment into the rear setback in
order to build a 228 sq. foot addition on the east side of the
building. Under the current Medium Density Multiple Family zoning,
the lot has 20 foot setback requirements on all sides and would be
allowed a total GRFA of 708 sq. ft. The existing building
encroaches 12 feet into the side setback and 18 feet into the rear
setback with a GRFA total of 928 sq feet. The applicant has also
requested an additional 228 sq feet under the 250 ordinance. With
the approval of the variance request and the additional GRFA, the
unit would have 1157 sq. feet of GRFA which exceeds that which is
allowed on the lot by 448 sq. ft.
The staff recommended denial of the variance on the grounds that
the granting of the variance would be a grant of special privilege.
The PEC felt that the imposed 20' lot lines constitute a physical
hardship and the granting of the variance would not be a grant of
special privilege. Kathy Warren added that the approval for this
variance is based on the unusual circumstances of Bighorn
Subdivision. The PEC also felt the expansion to this unit was
appropriate because of the distance between the units on lot 6 and
7. The applicant has also submitted a letter from this neighbor
stating her approval of the addition.
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 9, 1990
SUBJECT: A request for a side setback variance to the Medium
Density Multi-family zone district on Lot 7, Bighorn
Terrace {4242 East Columbine Way)
Applicant: Kathryn Benysh
I. DESCRIPTION OF THE VARIANCE REOUESTED
The applicant is the owner of Unit D-7 in the Bighorn
Terrace subdivision which is located on East Columbine Way.
The existing duplex unit consists of approximately 928 sq.
ft. of GRFA and has an allowed GRFA of 708.94 sq. ft. under
MDMF zoning.
The applicant is requesting a variance from the 20' side and
rear setback requirement to allow for the construction of a
228 sq, ft. addition on the north side of the building. The
addition will involve adding a second story above the
existing kitchen and enclosing the deck to the west of the
kitchen with a 2 story structure. The variance request is
for a 15' encroachment into the 20' rear setback and a 13'
encroachment in to the 20' side yard setback.
II. BACKGROUND
Bighorn Terrace is a nonconforming subdivision because it
was annexed into the Town after it was platted. Under the
MDMF zoning, 20' setbacks on the front, rear and sides were
imposed on the existing lots. Building D-7 currently
encroaches 18' into the rear setback and 12' into the side
setback. These imposed setbacks greatly limit the locations
of possible additions which would not require setback
variances.
The applicant has also applied for additional GRFA (250 sq.
ft.) under Section 18.71.030 of the Town of Vail Municipal
Code. In 1977, the applicant received a side setback.
variance of 8' and a GRFA variance of 130 sq. ft. in order
to construct a kitchen addition.
III. CRITERIA AND FINDINGS
Upon review of Criteria and Findings, Section 18.62.060 of
the Vail Municipal Code, the Department of Community
Development recommends denial of the requested variance
based upon the following factors:
A.
Consideration of Factors:
1. The relationship of the requested variance to
other existing or potential uses and structures in
the vicinity.
The 228 sq. ft. addition in the proposed location
should not create any problems to existing or
potential uses or structure in the vicinity. The
property most likely to be impacted would be Lot 6
to the west. The existing building encroaches 12'
into the 20' side setback. The requested variance
will allow the corner of the proposed 2 story
addition to be within 7' of the property line.
2. The degree_to which relief from the strict and
literal interpretation and enforcement of a
specified regulation is necessary to achieve
compatibility and uniformity of treatment among
sites in the vicinity or to attain the objectives
of this title without grant of special privilege..
Staff has been unable to determine a physical
hardship regarding this variance request and feels
that approval of this request would be a grant of
special privilege. Although the lot is greatly.
limited by the imposed setbacks, the staff feels
that the existing minimal distances between
buildings should be maintained and not decreased.
Over the past 13 years there have been 8 requests
for setback variances in the Bighorn Terrace
Subdivision. Of the 8, 4 have been recommended
for denial and all have been subsequently approved
by the PEC.
3. The effect of the requested variance on light and
air distribution of population transportation
and traffic facilities public facilities and
utilities and public safety.
The staff finds that the proposed
increase the amount of shade that
the neighboring lot. It will not
significant effect upon any of the
considerations.
IV. FINDINGS
addition will
will be cast on
have any
other
The Planning and Fnvironmental Commission shall make the
following findings before granting a variance:
A. That the granting of the variance will not constitute a
grant of special privilege inconsistent with the
limitations on other properties classified in the same
district.
B. That the granting of the variance will not be
detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in
the vicinity.
C. That the variance is warranted for one or more of the
following reasons:
1. The strict literal interpretation or enforcement
of the specified regulation would result in
practical difficulty or unnecessary physical
hardship inconsistent with the objectives of- this
title.
2. There are exceptions or extraordinary
circumstances or conditions applicable to the same
site of the variance that do not apply generally
to other properties in the same zone.
3. The strict interpretation or enforcement of the
specified regulation would deprive the applicant
of privileges enjoyed by the owners of other
properties in the same district.
V. STAFF RECOMMENDATION
Staff recommendation is for denial of the request for a 15'
encroachment into the rear setback and 13' encroachment into
the side setback. The staff feels that this variance would
be a grant of special privilege and that there are no
exceptions or extraordinary conditions applicable to Lot 7
which do not generally apply to other properties in t2ie same
zone district.
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T0: The Vail Planning- Corry~~ ssion
FROM: Kathryn Benysh
RE: Variance request for Bighorn Terrace D-7
DATE: March 8, 1990
I am requesting a setback variance in order to add residential space to
a half-duplex (#D-7) in a residential development known as Bighorn
Terrace.
As you know, the Bighorn Terz~:~ce development was built approximately
seven years before it was ann`?ced to the Town of Vail and has been a
corr~letely non-conforming ar-a from day one. As there are no structures
in the development which conrorm to the 20-foot-on-all-sides setback
regulation, every proposed i~~~~~~wement requires a variance. Therefore,
this request does not repres.~it a grant of special privilege.
As you can see from the plat:; surveys and elevations, the proposed
addition to unit D-7 will have no effect on light , air, distribution of
population, transportation, traffic facilities or public safety.
r
T0: Community Development
FROM: Linda S. Moore
RE: Benysh Addition
DATE: March 9, 1990
As the adjacent property owner to the west of Kathy Benysh, I
would like to say that I invite improvement to her property
and believe this enhances the entire neighborhood.
Visually, I would be the most directly impacted and as a permanent
resident would encourage and promote the upgrading of homes for
those people who make Vail their permanent home. Our particular
development is unique in that it has a casual home owners associa-
tion which allows a greater freedom of expression for private
property owners.
I would be most happy to comment further, if necessary. Please
contact me at X2129.
Thank you
L nd indel Moore
Y
March 5, 1990
TO WHOM IT MAY CONCERN:
RE: PROPOSED ADDITION TO BIGHORN TERRACE D-7
The Bighorn Mutual Sanitation and Recreation Company is
comprised of stockholders who are homeowners in the Bighorn
Terrace complex in East Vail. The company owns common areas
which include a park, pond, parking areas and a private
street known as Columbine Way. Individual duplexes in the
complex sit on privately-owned lots. While the Company
encourages individual owners to improve their duplexes, it
has no authority to approve or disapprove these
improvements, so long as there is no encroachment on
commonly-owned areas nor impediment of ingress or egress.
The proposed addition to Bighorn Terrace dup'_>:,~ #7 neither
encroaches on common area nor impedes access; therefore the
Company's approval of the project is not rec; ;_red and would
exceed its authority.
Sincerely,
~ ,., ~
Karl Hoevelmann
For the Board of Directors
cc: .toe Hanlin
Ted Stockmar
Kathryn Benysh
TO: Town Council
FROM: Community Development Department
DATE: April 17, 1990
RE: A request to amend the geologic hazard map by
reclassifying Lots 2, 3, 4, 5 Block 3, Filing No. 3,
and Lot 1, Filing No. 2, Lionsridge Subdivision from
high severity rockfall to medium severity rockfall.
The Hazard Ordinance includes a provision to allow property
owners to amend their hazard designation. The owners of the
above referenced property have submitted a site specific study to
justify this amendment. This decision is the purview of the Town
Council with no input or recommendation from the Planning
Commission or other Town boards.
The staff has not provided a recommendation in response to this
request. This is due to our lack of expertise in geologic
engineering. This discip~ine, as acknowledged by geologists, is
inherently subjective and subject to varying interpretations.
The following is taken from the 1984 rockfall study that
established the two rockfall zones within the Town:
"It must be understood that the interpretations of many
geologic hazards, including rockfalls, are subjective to
some degree. No two geologists would draw run-out lines at
the same exact location in all areas of a particular study.
By the same token, not all geologist would assign the same
degree of severity to any particular rockfall... This not
withstanding, there may be disagreements with some of our
conclusions."
It was clearly the intent of the Hazard Ordinance to allow for
modifications to the mapping based on site specific analysis. It
is acknowledge that the Town-wide reconnaissance conducted during
the development of the 1984 study is not as detailed as a site
specific analysis. In theory, the study submitted for this
amendment should provide more detailed and accurate information
than the Town-wide study. While we have no reason to doubt the
findings of the report filed for these 5 lots, we are lacking the
background to provide the Council with a definitive
recommendation with regard to the reports validity.
Office of Community Development
Town of Vail
75 S. Frontage Road
Vail, Colorado 81657
March 12,1990
Subject: GEOLOGIC HAZARD CLASSIFICATION for Lots 2, 3, 4, 5,
Block 3 Filing No. 3, and Lot 1 Filing No. 2, Lion's Ridge
subdivision, Vail, Colorado.
Director of Community Development:
On behalf of myself, Jill S. Dowd, owner of lots 2, 4, 5, in filing No. 3
and Mr. Bruce Canton, owner of lot 3 filing No. 3 and lot 1 in filing
No. 2, I would request a hearing before the Town of Vail council to review
the classification of our lots in the Geologic Sensitive Area Map.
We would desire that our lots be reclassified to a Moderate Risk Rock Fall
Area from its present High Risk Classification. I am submitting a site
specific geologic report from Mr. Robert James Irish which supports our
request for the re-classification. My address is; .Jill S. Dowd, P. O. Box
3128, Vail, CO 81658-3128 and Mr. Cantons address is; 1853 Lion's Ridge
Loop, Vail, CO 81657.
Please fee! free to contact me if there are any questions concerning our
request. Thank you for your cooperation.
Sincerely
Jill S. Dowd
Bruce O. Canton
` 7101 West Yale
Avenue, No. 601
Denver, Colorado 80227
- 303-986-6653
October 2, 1989
Canton Construction Company
1853 Lions Ridge Loop
Vail, CO 81657
Attn: Mr. Bruce 0. Canton
RE: Geologic Hazards Study,
Filing No. 3, and Lot 1,
Lions Ridge Subdivision,
Job No. 190(126)
R. J. Irish
Consulting Engineering
Geologist, Inc.
Lots 2, 3, 4 & 5, Block 3,
Filing No. 2
Vail, Colorado
Gentlemen:
As requested by your Mr. Bruce Canton, the undersigned conducted an engineering
geologic reconnaissance of the five subject lots, which occupy a sector of the
south-facing slope of the Gore Creek Valley immediately northeast of the Buffeter
Creek Valley at the eastern end of the West Vail area. The four .lots are located
in the SW1/4, NW1/4, Sec. 12, T.5S., R.81W., Eagle County, Colorado (Figure 1).
Our objective was to generally outline geologic conditions across the study area
and to assess whether any of those conditions constitute geologic hazards
sufficiently severe to restrain or preclude development of the property as
planned. We understand single family and/or duplex residences are to be
ccnstructed on these four lots.
From Lions Ridge Loop, at about Elev. 8120 feet to 8130 feet, the lots extend
northward up the slope of a long, narrow, west-trending ridge spur of the valley
slope to about Elev. 8260 feet. The ridge crests at about Elev. 8440 feet to
Elev. 8460 feet. The slope distance from Lions Ridge Loop to the top of the
ridge is on the order of 600 to 700 feet. From the ridge crest down to about
Elev. 8220 feet (about the center of the lots) the ground slopes at about 1.75:1,
whereas below that elevation to Lions Ridge Loop the ground slopes at about
3.6:1. We understand the homes would bP-..constructed adjacent to Lions Ridge Loop
on the flatter-sloped sectors of the lot. The steeper, upper part of the ridge
slope is disrupted by 2 main rock bluffs ranging from 10 feet to as much as 50
feet high. A few trees are scattered across the study area, but for the most
part, vegetation is limited to brush and natural grasses.
Sedimentary rock strata of the Pennsylvanian-age (290 to 3.30 million years ago)
Minturn Formation constitute bedrock across the study area. These strata include
mainly sandstones, a few shales and a few thick limestone units. These dip
northward into the hillside at 300 to 400.
Consultant to Designers, Contractors. Planners
R. J. Irish -~
Consulting Engineering '
Geologist, Inc. '
Canton Construction Company
October 2, 1989
Page 2
The bedrock, however, is blanketed (except for the rock bluffs) by slopewash and
talus soils dawn to about Lions Ridge Road. Below Lions Ridge Road a west-
southwest trending ridge spur of glacial moraine is plastered against the foot of
the slope (Figure 2). The sandstones typically are Pine-grained and fine to
coarse-grained. They are locally conglomeratic, thin to massive bedded, weak to
strong, and the joints are widely spaced. The limestone is fine-grained to
microcrystalline, strong to very strong, thick-bedded and with joints widely
spaced. The unconfined compressive strengths of the. sandstones probably range
from 10,000 psi to 15,000 psi, whereas those of the limestone range probably to
3C,000 psi. The shale units typically range from seams within. the sandstones to
thin-bedded units up to a foot or so thick. Those thicker units, however, are
rare. The unconfined compressive strengths of the shales probably range between
2,000 psi and 6,000 psi.
The slopewash and talus soils are unstratified, sandy, gravelly, cobbley clay
with scattered boulders. This is mainly sandstone debris. The soils form an
apron developed below the sandstone bluffs down to Lions Ridge Loop, thus range
.from a wedge-edge upslope to probably as much as 10 to 20 feet thick adjacent to
the road. These soils have been deposited primarily by sheet wash, thus are
expected to range from loose to medium dense, and probably are subject to
differential settlement when wetted.
South of Lions Ridge Loop, the glacial moraine soils are principally a hetero-
geneous «,ixture cf sa^.d, gravel, cobbles and boulders in a silt to clay matrix.
The soils include both sandstone and granitic rock debris.
Except for a potential rock fall hazard, we found no evidence of potential
geologic hazards within the study area. So long as dwellings _are constructed
within these lots without significantly changing_the_exis_ting_ground conditions
--- '
- -- --
thus the stability of the soils-and7or rock within the building sites and
vicinity, slope stability should not be impaired. Cuts and fills on the lots
should be kept- low-(i.e;-~-on-tire-order of 3 feet or less), or should be
_geotechnically designed. No unusual or severe geology-related building
foundation con i ions are expected. Buildin~2n these sites should not increase~~
the hazard to other property or structures, or to public buildings, roads
streets, rights-of-way, easements, utilities or facilities.
The outcrops of rock, principally sandstone but including some layers of
limestones as well, jut out of the ridge slope as long, narrow bluffs as much as
50 feet high (Figure 2). Conceivably rock-hlo~ks and plates could topple.._from
these bluffs to roll and bounce down the slope. These theoretically could
._ _.
constitute a hazard to buildings constructed on the slope below. 'That rock fall
--------------- -----
risk, we believe, needs to be considered-fin terms of both the robab_il_it of an
p Y
event and the severity of the event (the size of a particular block that could
topple). -~
R. J. Irish
Consulting Engineering
Geologist, Inc.
Canton Construction Company
October 2, 1989
Page 3
We believe the rock fall risk, in terms of probability, i_s_ low for Lots 2, 4 and
most of 5, but is judged to be medium across most of Lot ~ 1 and a small area at
the southeastern corner of Lot 5 (Figure 2). The bluffs above Lots 2, 3, ~ and
most of 5 are relatively nar"row and are formed of sandstone that appears to be
relatively massive. Although we found evidence of looseness of a few thin plates
and small blocks of rock, for the most part the rock across the ledge in the
vicinity of Elev. 8330 feet to Elev. 8345 feet and the more prominent bluff in
the vicinity of Elev. 8380 feet to Elev. 8420 feet appears to be relatively
intact. The joints that are open tend to be perpendicular to the slope rather
than parallel to it .' Moreover, the strata dip into the slope rather than out,
thus rock blocks are much less likely to topple with those planes as their basal
separations.
Over geologic time, blocks have separated from those two bluffs, but most of
those appear to be quite old. Many are partly buried in the slopewash and talus,
and the fresh rock surfaces originally exposed by the breakup of those rock
masses as they fell are now weather-coated. This evidences considerable
antiquity. With rare exception, these blocks have scattered only about 150 to
200 feet downslope from the bluffs from which they are derived. The residences
to be constructed would be placed more than twice that distance away from the
bluffs. Most of the rock blocks have broken up when they toppled into smaller
platy masses that have not travelled far from the outcrop. They are trapped by
the vegetation and other rock blocks strewn across the upper part of the slope.
We cannot completely dispel the possibility that in some future time large rock
blocks toppling from these two outcrops may invade Lots 2, 3, 4~and 5, but the
geologic evidence indicates that those events are rare and the risk low.
The rock forming the lower bluff from about Elev. 8340 feet to Elev. 8380 feet
and extending eastward along the slope above and east of the eastern half of Lot
__ __
No. 5 appears to be significantly more blocky (Figure 2). Those blocks from `
place to place appear to be more prone to toppling than elsewhere within the
study area. This is evidenced by a fan of old rock blocks that are scattered
below the bluff above Lot 1 and eastward for about 230 feet. Consequently, we
have judged the rock hazard risk for most of Lot 1 and a small part of L ~~~"'`'
be medium. This risk could be reduced to low, we a ieve', by scaling the cock
blocks that car. be removed by crawbarring. Additionally, two larger blocks
denoted by X's numbered 1 and 2 on the geologic map (Figure 2) should be removed
ligrit_~zlasting. Alternatively, those rock blocks could_ be_ p_inned with rock
bolts. Removal appears to us to be a preferable answer, however. Scaling of
loose slabs and blocks could be extended to the rock outcrops to the west also.
This would be merely an insurance measure that would reduce the already low risk
cf rock falls by only a small increment.
R. J. Irish
Consulting Engineering
Geologist, Inc.
Canton Construction Company
October 2, 1989
Page 4
We hope the above comments will be of some service to you as you .develop these
properties. If you have any questions or would like to discuss any aspects of
our work, please feel free to call.
Yo tru ,
Jn: ~ l~h
/~%
obt. ~tnes Irish
Consulting Engineering Geologist
RJI:ct
-N-
0 1000 20100 4000
SCALE IN FEET
PROPERTY LOCATION MAP
DATE ~ 9/30/89 ~ JOB N0. ~ 190 (126)
FIG. i
Lnr s
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20
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LOT 10 ~ /
LOT 2 /
lOT 21
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0
GEOLOGIC LEGEND
Cs-1 SIOPENASN AND TALUS: SANDY, GRAYELLY, C0881r ClA
BOUIDCRS. UNSTRAT (TIED: MAINtr SANDSTONE DCBRI S.
Om GLACIAL MDRAAINE: NETERUGENEDU$ NI %T UIIE OF SAND,
ANO BOULDERS IN A SILT TO CUT IWTRIK; INCl1UES B
SANDSTONC DEBRIS.
MINTLIRN FORMAT ION: SANOSTONL WITH A FCN IAl1T3 OF
FEN SCAFt$ OF 51Y1LE. SANDSTONE i1N[ GRAINED ANO F
GMINED, AND lU[AIIY [DNGIOMEKAT It, TNIN TC MAS$I
'~ TO STRONG. J01 Nis NIDELY $vpCCD: UMCSTCNE, FINE
MICRDCRr$iALL INE, STRONG 10 YERr STRONG. THICK BE
NIDELY SDACED.
CONTACT BETNECN GEOLOGIC WITERIALS, IN7ERDRETED,
I ice- AvPRU%IMATEIr,
AREA O[CUV ICD Br aELAi IVEIr Rt[LN1Lr iRLLEN R(1CK
~ ~' GCNERAL 12E0, LOCATEp ADDRD%IMAi[LY.'
DI VIDEP FOR ROCK FALL NALARD ADG$, INTLRDP.E ICD,
ADDRDA IMATEL T.
i
Ki DCNOTES A LARGE Lo95E BLOCK. 7NA' SHOULD BC Rf IM~YE
ADDRUK IMATEtr; DESI GNAICD Br xuret R,
_ I
N~
0 50 100 2c
SCALE IN FEET
R. J IRISH
fANSULTING ENGINEERING GEOLOGIS-
GEOLOGIC MAP FOR A PART
DONS RIDGE SUBDI V I S I OT
NOS. 2 AND 3
I GATE ~ 9/30/89 I JOB N0. 190
TOWN OF VAIL/ABC SCHOOL
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this day of ,
1990, by and between the TOWN OF VAIL, a Colorado municipal corporation,
(hereinafter referred to as "the Town"), and the ABC SCHOOL INC., a Colorado
non-profit corporation (hereinafter referred to as "Lessee").
WHEREAS, the Town now owns a parcel of property known as the Mountain Bell site,
consisting of approximately twenty-five (25) acres; and
WHEREAS, the Lessee is a Colorado non-profit corporation (tax exempt no.
which receives funds from contributions and student fees for the
operation of a child care center; and
WHEREAS, the Town and Lessee are presently parties to a lease agreement dated
March 7, 1978, for a portion of the Mountain Bell site, which lease is due to
terminate on March 7, 1993; and
WHEREAS, Lessee wishes to finance and construct an addition to its present
school structure located on the Mountain Bell site; and
WHEREAS, in order to facilitate the financing of that structure, Lessee wishes
to enter into a new twelve (12) year lease with the Town for the premises.
NOW THEREFORE, in consideration of the covenants, premises, and agreements
contained herein, and the payment of monies as hereinafter set forth, the parties
agree as follows:
1. PREMISES
The Town agrees to lease to the Lessee and the Lessee agrees to lease from
the Town, that portion of the Mountain Bell site shown on~the attached Exhibit A for
use as a child care center and related activities. The entire leased premises
including the access is hereinafter referred to as "premises."
No later than
,.1993, the Lessee shall initiate and
complete an expansion of its present structure on the premises. All construction
plans for any addition to the present structure located on the premises shall be
subject to the prior review and approval of the Town.
2. TERM OF AGREEMENT
This lease shall commence on and terminate on
August 31, 2002. Upon execution of this lease, the lease between the parties dated
March 7, 1983 shall immediately terminate.
s~
3. RENTAL FEE
For the first five (5) year period of the term this lease is in effect, the
Lessee shall pay as rent to the Town the sum of one dollar ($1.00) per year. On the
fifth year anniversary of this lease agreement, the Town Council shall review the
rent paid by the Lessee, and upon such review, in its sole discretion, may increase
said rent to an amount not to exceed the fair rental value of the premises. The
Town shall conduct such a review at subsequent five (5) year intervals during the.
term of this lease agreement, and after each such review may have the option in its
sole discretion to increase the rent by an amount not to exceed the fair rental
value of the premises. The Town shall base any rent increase on the following
criteria:
(a) Whether the Lessee remains a non-profit corporation for tax purposes.
(b) Whether or not the Lessee operates its preschool facility for the
accommodation of the public and the citizens of the Town of Vail.
(c) Whether or not tuition, expenses, cost of doing business and salaries
are reasonable under the circumstances.
In order to allow the Town to conduct a meaningful review, the Lessee shall
provide the Town at least thirty (30) days prior to the date of each review all
income statements, balance sheets and other financial information at the Office of
the Town Finance Director. Should the Town increase the rent due and payable by the
Lessee as provided for in this paragraph, the Lessee shall have the option of paying
such additional rent, or in its sole discretion, terminating this lease agreement.
4. USE OF PREMISES
The Lessee agrees that the use of the premises shall comply with the
following: \
(a) For the operation of a non-profit child care center in accordance with
the Lessee's standards and rules as set out below in paragraph 5.
(b) Not to use the premises for any illegal or improper purpose or other
use that would create a nuisance.
(c) No commercial or other operation for profit shall be conducted on the
premises.
5. LESSEE'S COVENANTS
Lessee further agrees as follows:
(a) To operate the child care center in accordance with all the rules and
regulations of the Department of Social Services of the State of Colorado, and the
ordinances of the Town of Vail.
-2-
.«
(b) Lessee may adopt standards for admission to its child care facility,
provided, however, that admission priorities shall be as follows:
(i) Students of parents who reside within the Town of Vail;
(ii) Students of parents whose major employment is within the Town
of Vail;
(iii) Students whose parents are residents of Eagle County;
(iv) Students must be at least twelve (12) months old and and no
older than seven (7) years of age (exceptions to the. age limitations specified
herein may be made for physically handicapped children);
(v) These admission standards shall be minimum standards and may
not be made less stringent without the prior written consent of the Town.
(c) Lessee agrees to manage its child care facility for the accommodation
of the public and to operate the facility in a responsible and safe manner. Lessee
shall be responsible for the supervision and care of the child care facility and the
leased premises and shall have on the premises during the hours of operation a
qualified Director and a sufficient number of trained personnel for the proper
operation of the premises.
(d) Lessee agrees that the Town shall not be responsible or liable for any
costs or obligations for the operation of the child care facility.
(e) The Town may designate one (1) Director to sit on Lessee's Board of
Directors to serve as a liaison between Lessee and the Town.
6. BUILDING
Prior to the construction of any addition to the existing building, Lessee
shall submit the proposal to the Design Review Board of the Town. Lessee shall be
responsible for all costs of said construction and for the maintenance and upkeep
thereof during the term of this lease. In addition, Lessee shall pay all utility
charges and fees promptly after the same are incurred. It is expressly understood
by Lessee that the Town will not contribute toward the construction of the building
or the operating of the child care center during the term of this lease.
Lessee agrees that upon request of the Town, the facility may be used for
public or governmental functions that would not interfere with the child care
purpose of the facility on such days and during such hours as the facility is not
being used for child care purposes. It is agreed by the parties that at such time
as the Town desires to use the facility, a supplemental agreement will be entered
into between the Town and Lessee specifying the times, uses, and responsibilities of
the parties for joint use of the facility.
-3-
7. ASSIGNMENT AND SALE
This lease agreement may not be assigned or sublet by Lessee without the
prior written consent of the Town. The buildings and improvements shall not be sold
to any person or entity without the prior written consent of the Town.
8. DAMAGES
Lessee shall see that the premises are protected from damage or undue
waste, and if any damage occurs to the premises by reason of the negligence or
actions of the officers, agents, or employees of the Lessee, then Lessee agrees to
repair said damage or pay to the Town the cost of said repair. If the Town and
Lessee cannot agree on the amount of damage to be assessed, the parties shall select
a neutral third party who shall be binding upon the parties.
9. DAMAGES BY FIRE OR CASUALTY
Lessee agrees that if the facility constructed by it for child care
purposes is damaged or destroyed by fire or other casualty during the term of this
lease, Lessee shall, within a reasonable time, repair the facility to its original
condition or remove the debris or remains of the facility from the site within a
reasonable time. Said repair or removal shall be at the sole expense of Lessee.
Lessee shall maintain at all times appropriate fire and extended coverage insurance
for the full replacement value of the premises and furnish the Town with a certified
copy of such insurance policy.
10. EXPIRATION OF LEASE AND SURRENDER OF PREMISES
At the end of the term of this lease or upon termination as provided in
this lease agreement, Lessee agrees to deliver the possession of the premises to the
Town. At such time, the Town shall have the option of taking possession of the
facilities and improvements constructed and located upon the premises, or the Town
may, in its sole discretion, require Lessee to remove any such facilities and
improvements. Should the Town so require Lessee to remove such facilities and
improvements, the removal thereof shall be commenced and completed within a
reasonable period of time of notification.
11. TERMINATION
(a) Either party may terminate this lease by providing thirty (30) days
written notice to the other party if: 1) the other party is in default under any
term or condition of this lease, and the default continues to the date of
termination; 2) the premises have been abandoned; 3) either party is bankrupt or
insolvent; or 4) inability of Lessee to use the leased premises for a period longer
than one hundred twenty (120) consecutive days. Should this lease be terminated by
-4-
..
' the Town because of a default by Lessee, it shall be up to the Town at its option
without formal notice or demand of any kind to enter the leased premises by any
means including force and remove Lessee therefrom. Lessee shall remain liable for
all its obligations under this lease despite the termination of this lease by the
Town.
(b) No waiver of default by one of the parties of any of the terms,
covenants, or conditions of this lease to be kept by the other party shall be
construed as a waiver of any other or subsequent breach or default.
(c) The parties agree and recognize that this lease is entered into
because of the public service being offered by Lessee. Further, that because the
function is being carried on Town of Vail property and with the Town's encouragement
and approval, the public may look to the Town for accountability. Therefore, the
parties agree that on the anniversary date of this lease, Lessee's Board of
Directors will meet with the Town Manager, and a complete review of the program,
operation, and staff of the Lessee will take place. If the Town Manager is of the
belief that the child care facility is not being carried on in accordance with the
best interest of the public, he shall inform Lessee and the Town Council of those
concerns. The Town Council may then terminate this lease by giving written notice
of termination to Lessee one hundred twenty (120) days prior to termination.
(d) The Town at any time during the term of this lease agreement, at its
convenience, may transfer Lessee's facility from the premises leased herein to a
reasonably comparable premises upon the giving of one hundred eighty (180) day prior
written notice to Lessee. Should the Town so elect to transfer Lessee's facility
from the premises leased herein, it shall pay all Lessee's reasonable moving
expenses.
12. LICENSES, LIENS AND OBLIGATIONS
Lessee agrees that it must be licensed by the Colorado Department of Social
Services, and that it will comply with the rules and regulations of the Department
of Social Services and shall not cause or suffer said license to be suspended.
Lessee agrees to pay promptly all taxes, license fees, and permit fees of whatever
nature applicable to its operation and to keep current all licenses required for the
conduct of its business. Further, it is agreed that Lessee shall not permit any
mechanic's lien, materialman's lien, or any other lien to be foreclosed upon said
premises or any equipment or personal property located thereon. Lessee agrees to
furnish to the Town upon request, duplicate receipts or other satisfactory evidence
showing the prompt payment by it of taxes, including Social Security taxes,
-5-
.,
Unemployment Compensation Insurance taxes, or fees. Lessee further agrees to pay
promptly when due all bills, debts, and obligation incurred by it in connection with
the operation of the child care center, and not to permit the same to become
delinquent; and to suffer no lien, mortgage, judgment, execution, or other
adjudication in bankruptcy which will in any way impair the rights of the Town under
this agreement.
13. BONDS
(a) If the construction cost of the addition proposed by Lessee is to
exceed fifty thousand dollars ($50,000), Lessee shall obtain a performance bond and
a labor and materials bond from the general contractor who is to do the construction
work.
(b) Lessee shall submit to the Town for its review and approval, which
approval shall not be unreasonably delayed or withheld, a copy of the written
construction agreement with the general contractor who is to do the work on the
property. Upon payment to the general contractor, Lessee shall require lien waivers
and releases from the general contractor and all subcontractors working on the
construction of the addition to Lessee's premises.
14. INDEMNIFICATION
Lessee agrees that it will indemnify, release, and save harmless the Town,
its officers, employees, and agents, from any and all loss of, or damage to,
property or injuries to, or death of, any person, and from any and all claims,
costs, suits, and judgments including reasonable attorneys fees and expenses, of
anyone, resulting from the operation of the child care facility, or negligence of
Lessee, its officers, agents, or employees.
15. LIABILITY INSURANCE
Lessee covenants and agrees that it will, during the term hereof, carry a
comprehensive general liability insurance policy, including automobile liability (if
applicable), in a form and with a company or companies approved by the Town and in
amounts not less than five hundred thousand dollars ($500,000) single limit for
bodily injury to, or death of any person or persons or damage to property, and
furnish the Town a certified copy of said policy or policies. Such policy or
policies shall include the Town as a named insured and shall contain a provision
that the same may not be cancelled or materially changed or altered without thirty
(30) days prior written notice to the Town. In addition, Lessee. agrees that from
the commencement of construction on any new addition and during the time of such
construction until its completion, Lessee shall obtain a builder's risk policy in an
-6-
amount equal to cover the current replacement cost of any such improvement, and
shall file a copy of such policy with the Town.
16. NOTICES
All notices required to be given to the parties shall be given by certified
mail to:
(a) Town of Vail
Attention: Town Manager
75 South Frontage Road
Vail, Colorado 81657
(with a copy to the Town Attorney)
(b) ABC School, Inc.
Attention: Director
149 North Frontage Road West
Vail, Colorado 81657
IN WITNESS WHEREOF, the parties set their hands and seals on the day and year
first above written.
TOWN OF VAIL, COLORADO, a Colorado
municipal corporation
By:
Rondall V. Phillips, Town Manager
ATTEST:
ABC SCHOOL, INC., a Colorado non-profit
corporation
By:
ATTEST:
By: By:
Pamela A. Brandmeyer, Town Clerk
-7-
4/13/90
Council - FYI
Employee golf passes are now available. You only need to check with Cathie in
Personnel to pick up your pass; you then need to take it to the VMRD Offices to have
your photograph taken.
/bsc
~~
WORK SESSION FOLLOW-UP 4/13/90
~ Page 1 of 1
TOPIC
8/8 NEST INTERMOUNTAIN ANNEXATION
(request: Lapin)
8/15 UUCWD/TOU LAND CONTRACT
2/20 JOINT MEETING COUNCIL/UMRD
2/27 SATELLITE POST OFFICE (request:
Osterfoss)
3/I3 TRIANGLE OF GREEN SPACE ADJACENT
TO VILLAGE CENTER
3/27 COMPENSATION FOR PEC, DRB,
LIQUOR AUTHORITY
4/3 WOODY BEARDSLEY LETTER (request:
Lapin)
4/10 UTRC FILL DIRT HOLDING 5OLUTION
(request: Rose)
4/10 CML CONFERENCE/Colorado Springs
ONS
FOLL
P SOLUTIONS
LARRY: Proceeding w/legal requirements for
annexation.
RON: Contract in final stages of negotiation.
PAT: Apply in writing to Council re: ground lease
of Booth Creek 9 hole par 3 golf course.
RON: Pursue station "in town" and/or increase
summer bus service?
RON/LARRY: Contact re: possible gift to the Town?
RON/KRISTAN/LARRY: Should additional compensation
be considered for appointed, standing Town
boards?
RON: Request further detail on 6 parcels available
for land trade with Forest Service.
STAN: Can Donovan Park be used temporarily to house
fill dirt from UTRC excavation site? To Barber
by 4/11 for amendment for bidding contractors.
COUNCILMEMBERS: Retreat will be held June 20-23
this summer - reservations should be made as soon
as possible. Ron and Tom signed up so far.
Petitions are being circulated.
Letter on possible soil contamination problems sent to
UUCWD. Return letter received. Kent and Ron met with
Bill George and Ed Drager, and the land swap will be put
on hold for a year.
Kent sent letter outlining proposed process to Tim Garton.
UMRD is reviewing and will respond after 3/28.
Meeting to be set up with Ernie Chavez.
Will do.
Will prepare alternatives and recommendation for Council.
Stan and Kristan will work out an agreement with the
contractor.
TOWN OF VAIL MEMORANDUM
T0: Ron Phillips
Council Members
FROM: Steve Thompson`
DATE: April 13, 1990
RE: Investment Report
Enclosed is the investment report with balances as of March 31,
1990.
The balance of the portfolio which can be used for operations on
March 31, 1990 was $1.2 million less than on March 31, 1989.
In March we purchased $3 million in various government notes and
bonds yielding an average of 8.368. Of the $3 million 58~ of the
purchases were made with the parking structure bond proceeds, the
balance was for operations.
At this time we will not be investing available operating funds
beyond December 31, 1990 until a decision is made regarding the
Berry Creek property.
Please let me know if you have any questions.
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AGENDA
REGOLAR MEETING
VAIL METROPOLITAN RECREATION DISTRICT
BOARD OF DIRECTORB
WEDNESDAY, APRIL 11, 1990
VAIL TOWN COIINCIL CHAMBERS
3:00 PM
3:00 PM REGOLAR MEETING
1. Call to order 3:00 PM
2. Approval of Minutes: March 28, 1990
3. New Year's Eve - Joanne Mattio
4. Sub Committee Reports
a) Youth Services - Joanne Mattio
b) General Rec - Barb Masoner
c) Dobson - Tom Salasky
d) Golf - Bruce Firm
5. Eventure Sports, Ltd. - Paula Coulter, Tournament Rep
Kraft General Foods World Tour (Vail Tennis Classic, $100,000
womens professional tennis tournament - also known as Virginia
Slims) February, 1991, Dobson Ice Arena
6. Symphony of Sports - Dodson (see Attached Chastain note)
7. Ford Park Tennis facility
a) Punch list
b) Construction budget
8. Approval of Head Golf Professional Contract
9. Approval of Concession Agreement (driving range, pro shop)
10. VMRD staff involvement with local/national organizations (see
attached)
11. Approval of Purchase Orders
11. Adjournment
ATTACHMENTS: Minutes 3/28/90
Symphony of Sports, 1990 - Chastain note
Easter Egg Hunt, 4/14, 10:30 AM, Dobson Arena-FYI
Jones memo - $25,000 presentation - FYI
Final Outdoor Ice Rink Report - FYI
Garton Letter - FYZ ($25,000) - FYI
NOTE: COMMENTS DUE TO JEFF WINSTON 4/11/90
TOWN COUNCIL MEETING, 7:30, 4/17/90, $25,000 PRESENTATION
MEETING WITH E`'MD, 9 AM, 4/19/90, WHISKEY CREEK
Symphony of Sports 1990
Update to the VMRD Board of Directors
Wednesday, April 11, 1990
I. Current Status with Town of Vail town council
* funding request at April 3 work session:
Council responded that they would contribute $ 16,500 to the
event provided that we are able to negotiate with S.O.S. Inc. to
provide 100 seconds of television exposure exclusively devoted
to Vail; either in spot format or the equivalent.
II. Current Status With Symphony of Sports Incorporated
Spoke with Eva Auchincloss of Auchincloss and Turner;
(Producers of S.O.S.) immediately following the T.O.V. work
session. Her response was that it would be difficult to
include 100 seconds of commercial time; in place of paid
advertising, but was fairly optimistic that 100 seconds of Vail
exposure could be included within the special itself. They will
contact the VMRD on Monday, April 9 to confirm these details.
~- ~ , ~ K C 1~ ~5~-q, ,~
Hey ! ITS ALMOST
TIME FOR THE
1990........
~~~~~~
ti
i~'' ~ ''
FOR MORE INFO , ,.
Call The Vail Metro Rec ~~~
,..
District at 479-2280
I/~~iiwlLv
w r.p.p..r... rcr. ro. a : .
,ounger
~he ~
~~eneratior
v.r Caorwo t~ss~
~~~ ~~~~
~h~~ SATURDAY, APRIL 14, 1990
10:30 am
~ ~ ~ ~' ~ DOBSON ARENA PLAZA
~ ~ ~ ANY CHILD
AGE GROUPS: 2 - 3 yrs.
4-7yrs.
8 -12 yrs..
~~~ FREE
/~l~ch
Special Thanks To:
Vail Associates
Dobson Ice Arena
•• ~~•
~~ ~ ~ Hunt Starts
~~~ Promptly at ~
•~ 10:30 am _~
TO: VMRD BOARD MEMBERS "
FROM: BRIAN JONES
DATE: April 4, 1990
SUBJECT: $25,000 PAYMENT TO TOV
Please be advised that the request has been made to include the
presentation of the $25,000 check to the TOV on the agenda for the
April 17, 1990 Town Council Meeting. You will be notified of its
position on the agenda prior to the Town Council meeting.
FINAL OUTDOOR ICE RINK REPORT
INCOME
-Private ice rentals
-Skate Admissions
-Skate Rental
EXPENDITURES
-Maintenance Staff Time
-Ice Rink Attendant
-Rental Skates
-Other expenses (parts, supplies,
other contract labor, etc.)
Revenues under Expenditures
$4,618
6,160
3,045
6,648
$5,246
20,471
1$15,225)
work\rink
~'~
o D
w
METROPOL/ TAN RECREATION D/S TR/CT
April 4, 1990
Kent Rose, Mayor
Town of Vail
75 S. Frontage Road West
Vail, CO 81658
Dear Kent:
292 west meadow drive • vall, Colorado 81657 • 303/479-2279
This letter is intended to explain the accompanying $25,000 check
to the Town of Vail. As you may recall, one of the stated
intentions of the VMRD - recreation consolidation is to reduce the
TOV recreation subsidy, if possible. VMRD is now fulfilling this
pledge in a couple of ways.
We are effectively reducing the TOV subsidy in real terms from 1989
to 1990 by not increasing it commensurate with the increase in the
CPI (say, 5$). This will continue to be the case each year the
amount of the subsidy is not increased.
Secondly, the VMRD Board has voted to reduce the 1990 TOV subsidy
by initially returning to TOV the sum of $25,000. Additionally,
VMRD will consider returning another $25,000 to TOV sometime during
the fall of 1990 contingent upon the success of its summer
programs, particularly golf, and upon the District's financial
status at that time.
The VMRD Board and staff are proud of this year's accomplishments
while simultaneously effecting a reduction in the TOV subsidy.
VMRD has increased, we feel, the quality and quantity of programs
and facilities (including the new Ford Park tennis facility, the
outdoor ice rink, 400 meter running track and Youth Services
sponsored drug education program).
While VMRD recognizes that certain programs such as Youth Services
and the Nature Center are necessarily money-losers, they are
nevertheless deemed to be of sufficient value to the Vail Community
so as to justify their continuance. Other programs, such as golf,
are profitable. We feel that the VMRD has sought to run all of its
operations in the most economically efficient manner possible.
Y
Fortunately, since our assumption of the operational responsibility
for the Dobson Ice Arena, we have been able to institute policies
and procedures that have allowed for significant savings without
' compromising the quality of our programs. While this is only one
of the areas in which we have concentrated our efforts it was
certainly the most productive and is largely responsible for our
ability to write you the enclosed check.
Although this money is returned unencumbered, it is the VMRD
Board's hope that the TOV will channel the funds into recreation -
related projects. The athletic field lavatories would be just one
example of a project worthy of consideration.
Please consider this payment affirmation of VMRD's intent to
continue to provide the highest quality recreation to the Vail
local and guest community in the most financially prudent manner
possible. Thank you for your continued support in this endeavor.
Sincerely,
Timothy R. Garton
VMRD, Chairman
STATE QF ~~S~Ro~
COLORADO DEPARTMENT Of HEALTH ~~.
4210 fast 11th Avenue relefax: w
Denver, COlOratlo 80220-3716 13031322A076 (Main Bmlding/Denverl ~ ~^
Phone (303) 37L7-8;33 (3031330.15]9 (Pnemigan Place/Demrerl • ' ~ ~ `
(303) 2/8.7198 Grand lunetion Regional Office) ` `
Roy Romer
Ti': Iafieresr.=c ?~,rt ies Covemar
-l''U: D?9.n: ?9ra0?ll.^.i. ^~aQl? ~"P. P. l,n-SirP +'::7r~?':iira+n`.YU ',Jr Thomas M. VernDn. M.U
~P''G' M<3Tt''? ~"; ate:. - E%scutlve Dlrecror
it~^
Sf'~,i ~+.._ C',d~<~.g ~Alnr4 ?rP~1.m1^??.r y=>.~ :r.,. ,, '(3^'_l:_ ~~5'+. -. ~-
~e(`•irl?2rV iQG(1
•: `1e fog=owing i3 d:l '27J C.2.~e 'eca^•~ rnC r'e .r. +'_8 ;+'I~nt~ air
TIC^. t7r ing 7y r, rra;; rl'.^;_r r:?e !-:'~:; w+:1 `+'r *'t1ll 1'-Cwn 3e?RSt?7_.
~`'.e zirbo^ne '72rt :Cr+', ;~, !-w r~i•~ rC~i :yn~-p~ ti. ra .it11fi+WA'C'C 21`!1 cl3.T
1no~1i>:cr.s Sl'SOwn 1.n fibs aCCO'?',?%P~7?.1r* ra}h,e are pr?i.i111i:13rTF in
ra-nr?. nn;S ;Ae~P.= "e?St file. "_'O-a! :l?P[7P.*1GPC1 F~rr;c:li+:lra iTCJ~)
'7=_':.125 m2`) }'P r2<~igpn ~f-Pr ?7+<;;sr'.'1C' '31:ri •,a,iiG.'7.1"CC 'b<7 t; E` ai-
•-7P..r2Ct6r =^C thR. 5~?rg, '.re :r.°^r:^ac :+J TS 1"s 'iEiF'+'.1 i^ .
a gcacc i.1 r; P!`t1$c.'.. ^_E vi... _na 5:7+:'V .. 'P=' .C:?17 i>;ions 8,' :uP i . Ai
.'"E?R!'. ~~ i_1 7C ~?°St-c.1 (1*'m?:1 27:h(: Si.:: r?.
-••]o _.~::C2 ~T'^ar :Q^^_ _ ___ ?lu -^~ Ct l.~ _,.n.~R :`e ..;i e!^..i `.3 ?. '.vDS
. ... '."°.':' .'31:':?_y r] LC.`.' .~~ a^ ''?uY_ _ e - t'i~. tiG '+11:. pLP'
':C-. ti0.^_ 1!r~:'mJ :"•T ::L~jc ?nr 1Hil.:'.,'. =s'. `. ~ ~^i:.iC ?iB's3r :.r
'1 '_^... f, r.... A;? 4C.5n.S O!?N 7111 ._'t^1?t.': ~ (iili) l~?,il t?- ;Y .?++'.. ..
.. _ G7:_.-Wt?g'.^.~ri. ~3=_ :1^_ :-.._ ..^.r< _^. T" '+'r? SLSnta1?r Pd
=.'lr1<idi PS "°ffia-. °_'1 :3 O_r_ '.~?A Ia +"?7~ 'r?~"in'r. @ w3.11 (_~.~
. .,: rC,gwiT F:Ea50;? .G. a_~.G4JPr ., r^P a? r a ; ~ oc ~::7n.`'. ;1Prm.it . The
....-= a-._ •ro~,"-o-~ ~oz~;r..~ ~ ,...,P,.~~., .,,.1 a 1 in E da•r ~;-''^,enlzle
.. "r.l Detwee?'i 1)'12 G'lif~C^leSi-orn ~(.;7eQille~ '°-.2 i'1+.1n T.'irp ;~1C)la l°
Sr^col indocr monitor was neat*ivatet+ an MareiT i. T990 witkl
concurrence by the Eagle Count<~ Schcol ~3istrict. Chemira.i
analysis f~+r J2ad. cadmi7:m, and arsP*?ir. will concirl.le r.n be
performed on the State samples throuch the winter season.
For additional informatior_, aleRse contact Dick Farachini
at 827-5328 (MinturnJ or 331-481 (Denier},
DAMES &. MOORE .~ PROFESSIONAL LIAt[TED PARTNERSHIP
~ +-
1125 SEVENTEENTH a'TREET, SL'1TE 12~ti~, DENVER, COLORADO 80202-2027
^ (303) 294-9100 FA~C (303) 299-7901
March 14, 1990
Mr. Richard Parachini
Colorado Department of Health
Onsite Coordinator
Eagle Mine Project
4210 East 11th Avenue
Denver, Colorado 80220
Dear Dick:
Enclosed are 20 copies of the February 1990 Airborne Particulate
Concentrations Report for the Eagle Mine site. We would emphasize the provisional
nature of the data and the fact that revisions may be made after auditing and
validation.
If you have any questions please call.
Sincerely,
DAMES 3c MOORE
~i((!M1 ~Clt~t ~ uM, .
Brian Kiernan
Project Manager
BK/rl
cc: Howard Roitman, Chief, Remedial Programs, CDH
Bob Winn
Bob Neukirchner
Dick Scanlan
Dave Warren
Barbara Lewis
a
i
AIRBORNE PARTICULATE CONCENTRATIONS
EAGLE MINE SITE
February 1990
~~g/m3}
SCHOOL SITE NORTH SITE
Date
Sampted TSPi TSP
oz/o4~90 s.9 12.3
02!10/94 10.0 7 6.0
02/16/90 15.0 13.3
02!22/90 10.0 18.7
02!28/90 10.4 24.2
~ =Permit limitation 150 pg/rrt3
.~'G
THESE DATA ARE PROVISIONAL AND SUBJECT TO REVISION AFTER AUDITING
AND VALIDATION.
Rf~~'~PR
1 X1990
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
April 17, 1990
Dear Mayor and Members of the Town Council:
Although I have not been able to read the new Vail
Village Master Plan, it is my understanding from the Planning
Commission discussions that the Garden of the Gods was not
designated as an density "infill" site in the recently
adopted master plan. Also, I understand that the new master
plan identifies.several sites in the immediate neighborhood
that are more suited for density infilling.
I do not understand, after attending all of the Planning
Commission public meetings concerning the Garden of the Gods
proposal, how a property which was not designated as a
density infill site in the new master plan can be permitted
to exceed the G.R.F.A. limitation by approximately 860 sq.
ft.? No one on the Planning Commission or Community
Development staff will take the time to explain it to me. I
do not understand which zoning rules apply?
I do not understand, that because the overage in
G.R.F.A. is. represented as an employee housing units, that
the Garden of the Gods proposal now qualifies as a density
infill site? I do not understand why some of the
accommodation units cannot be reduced in size so that the
proposed project does not need an increase over the G.R.F.A.
limitation? I am concerned about the bulk of the building.
Many times I have requested from the Department of
Community Development a copy of the new Vail Village D4aster
Plan. However, no one in the department has let me see or
read the new master plan, even an office copy, because they
said the master plan was at the printers. I want to read the
new Master Plan. I need to understand how a building can be
approved that may forever change the scale, character,~and
zoning rules that apply to all other properties in my
neighborhood. For my own peace of mind I need to read and
understand the new master plan and the specific zoning rules.
I respectfully request a delay in your deliberation on
the Garden of the Gods ordinance so that I may be given the
opportunity to read and understand the new Master Plan, so
that I can express to you in writing my specific concerns
regarding the Garden of the Gods project.
S ' r y , c-~_
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010390
220
ASSIGNMENT OF CONTRACT
1, THIS ASSIGNMENT OF CONTRACT (the "Assignment") is made this
~ day of January, 1990, and is by and between GEORGE N.
GI LETT, JR. ("Assignor"); and THE TOWN OF VAIL, COLORADO (the
"Assignee").
RECITALS
A. Assignor has entered into that certain vacant Land
contract to buy and sell real estate dated September 5, 1989, as
amended on October 13, 1989 (the "Contract"), entered into
between June Creek Ranch Company ("Seller") and Assignor as
Purchaser for the purchase and sale of the Property known as
Berry Creek Ranch Filing No. 5 described in Exhibit A attached
hereto and located in the County of Eagle, State of Colorado (the
"Property").
B. Assignor desires to assign to, and Assignee is willing
to accept, an assignment of the Contract upon the terms and
conditions set forth herein. All prior negotiations, dis-
cussions, and offers between the parties with respect to the
assignment of the Contract are merged into this Assignment, which
alone sets forth the understanding and agreement of the parties
with respect to the Property, the Contract, and the assignment of
the Contract.
A GR F.F.MENT
FOR GOOD AND VALUABLE MUTUAL CONSIDERATION, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Assi nment and Acce tance of Assi nment of Contract.
Assignor assigns to Assignee a o its rig t, tit e, an inter-
est to the Contract and all of its right to acquire the Property
and quitclaims to Assignee all of its right, title and interest
in and to the Property. Assignee agrees to assume and perform
all of the obligations of Assignor under the Contract as if
Assignee had executed such Contract on the original date thereof,
subject to satisfaction of the conditions precedent contained in
Paragraph 2 hereof by Assignor prior to the closing of the
transactions contemplated by the Contract (the "Closing").
2. Conditions Precedent to Assi nee's Performance. The
obligation o t e Assignee to accept t o assignment o t e Con-
tract and to assume and perform all of the obligations of the
Assignor under the Contract are subject to the satisfaction prior
to Closing of the following conditions precedent by Assignor
i
010390
220
(which conditions precedent are for the benefit of the Assignee
and may, at its option exercised in writing, be waived):
(a) The warranties, covenants, agreements, and representa-
tions contained in Paragraph 3 hereof being true, accurate, and
complete as of the date hereof and as of the date of Closing.
(b) Assignor guaranteeing the obligations of Assignee, in-
cluding, without limitation, the obligations of Assignee under
the promissory note referenced in Paragraph 3 of the Contract, if
required by Seller under Paragraph 4(c) of the Addendum to the
Contract at or prior to closing under the Contract.
3. Re resentations and Warranties of Assi nor. With re-
spect to t e Contract, t e Assignor covenants, agrees, warrants,
and represents as follows:
(a) Assignor is the Purchaser under the Contract and has
not entered into any agreements whereby he is acting as the
nominee of or on behalf of any other person or entity in connec-
tion with such Contract;
(b) Attached hereto as Exhibit B is a true, accurate, and
complete copy of the Contract, together with all amendments and
modifications thereto;
(c) Assignor has and will not enter into with the Seller
any subsequent modifications or amendments to the Contracts or
any other agreements relating to the Property without the prior
written consent of the. Assignee;
(d) Assignor has not made any pledge, transfer, conveyance,
or assignment of any of its right, title, or interest in and to
the Contract or the Property; and has the right, power, and
authority to make this Assignment, which is its valid, binding,
and enforceable obligation; and
(e) To its knowledge, no default has occurred under the
Contract, and no event exists which, with the passage of time or
the giving of notice or both, would constitute a default under
the Contract.
4. Termination of Assignment Prior to Closing by Assignee.
If any of the conditions prece ent o this Assignment are not
satisfied, including Assignor's failure to execute a guarantee to
perform the conditions in Paragraph 2(b) above, as Assignee may
determine in its sole and exclusive discretion, Assignee may
terminate this Assignment at closing. If Assignee so terminates
this Assignment, Assignor may, in its discretion, elect to
-2-
010390
220
perform the obligations of the Purchaser under the Contract.
Assignor acknowledges and expressly waives any claim for losses,
damages, costs, expenses, including attorneys' fees, or claims
arising out of Assignee's termination of this Assignment and the
failure of either Assignor or Assignee to close under the Con-
tract.
5. Earnest Mone De osit. Upon execution of this
Assignment, Assignee s a pay to Assignor the amount of the
deposit paid by the Assignor to the Seller pursuant to the
Contract, in which event all of the right, title and interest of
Assignor in and to the Assignee shall be deemed assigned to the
Assignee. Assignor warrants and represents that it has paid to
Seller, as earnest money pursuant to the Contract, the total sum
of $50,000.00. The earnest money deposit shall be repaid to
Assignee by Assignor in the event Assignee terminates this
Assignment as provided in Paragraph 4 above.
6. Coo eration b Assi nor. Assignor agrees to cooperate,
at no expense to it, wit Assignee in Assignee's efforts to
purchase the Property and in Assignee's efforts to cause the
provider of environmental reports on the Property, Woodward-Clyde
Consultants (including any additions, revisions, or updates to
such reports, copies of which Assignor. shall provide to counsel
for Assignee as soon as received) and the surveyor, Alpine
Engineering, Inc., to certify to the Assignee that the Assignee
may rely upon such reports and surveys as if they were addressed
directly to the Assignee and prepared for its exclusive benefit.
Assignor shall not be required to pay any additional sums in con-
nection with such cooperation and in obtaining such consents to
certify such matters to Assignee.
7. Conditions Subsequent to Closing. Assignee agrees
that, if Assignee purchases the Property pursuant to the Con-
tract, the following conditions shall apply to Assignee's owner-
ship and use of the Property:
(a) During any period of time the Property is held by the
Assignee, the following restrictions shall apply, all of which
shall be subordinate to any Deed of Trust encumbering. the Prop-
erty securing a loan made to Assignee which may be recorded in
connection with or subsequent to closing of the purchase of the
Property:
(i) Ten (10) acres of the Property or the adjoining
Miller Ranch property (the "Miller Ranch") (if acquired by the
Assignee), at the sole option of the Assignee, shall be developed
for employee and/or affordable housing.
A. An application to rezone the Property for
employee/affordable housing purposes must be filed with the
-3-
010390
220
County of Eagle within two (2) years of the closing of the Prop-
erty and construction of employee/affordable housing must be
commenced within three (3) years of the closing date.
B. If commencement of zoning and construction on
ten (10) acres of the Property or on a portion of ten (10) acres
of the Property, the location of which shall be determined in the
sole discretion of the Assignee, does not occur within the time
frame set forth in Paragraph 7(a)(i)(A) hereof, ten (10) acres
located in either the Property or the Miller Ranch, the location
of which shall be determined at the sole option of the Assignee,
shall be conveyed by the Assignee to Assignor at Assignor's
option, at no cost to the Assignor. If the .land is conveyed to
Assignor pursuant~to this provision, such land shall be restric-
ted for development as employee/affordable housing as a covenant
running with the land.
(ii) A portion of the Property or a portion of the
Miller Ranch, if acquired by the Assignee, shall be developed for
recreational purposes as Assignee, in its sole discretion, may
determine to be appropriate.
A. Assignee shall file an application to amend
the zoning of the Property to permit recreational facilities
within three (3) years of the date of closing and shall commence
construction of a recreational improvement on a portion of the
Property within four (4) years of the date of closing.
B. If the Assignee fails to commence zoning and
construction of recreational facilities within the time frame set
forth in Paragraph 7(a)(ii)(A) hereof, the Property will be con-
veyed by the Assignee to Assignor, at Assignor's option, upon
receipt by the Assignee of a payment equal to the purchase price
paid by the Assignee for the Property, plus an amount equal to
all carrying costs (e.g., loan fees, debt service, etc.) relating
to any loan obtained by the Assignee for the purpose of financing
the purchase of the Property as provided in Paragraph 8 below.
(iii) The conditions set forth in this Paragraph 7(a)
shall not be deed restrictions and shall not be covenants running
with the land. They shall be covenants personal to and binding
upon the Assignee only, and the covenants shall survive the
closing of the transactions contemplated by this Assignment and
the Contract.
(iv) The Assignee will be restricted from selling the
Property to any private party except as may be necessary for the
purposes of financing the purchase of the Property, except as
provided in Paragraph 7(a)(vii) in connection with the
construction of employee housing, and except as provided in
-4-
OI0390
220
Paragraph 9 below. This restriction shall not apply to any
lender or its successor which acquires title to the Property
through foreclosure or deed-in-lieu of foreclosure,
(v) The Assignee is entitled to use the Property for
other public purposes besides recreation and housing so long as
the conditions of Paragraphs 7(a)(i) and (ii) are fulfilled.
(vi) Neither the Assignee nor the County shall use the
Property for construction of an eighteen (18) hole golf course.
(vii) If any portion of the Property is offered to
private developers for the construction of employee housing, Vail
Associates, Inc. shall have an equal opportunity with all other
private developers to submit proposals for such purpose.
(b) It is the intention of the County of Eagle to hold an
election to place the issue of raising the mill levy in order to
finance employee housing and recreational facilities on the
Property before the voters of Eagle County. If this election
passes, the County shall be bound to purchase the Property from
the Town of Vail. Once title to the Property is obtained by the
County, there shall be no rights of reconveyance applied to the
Property and the only restrictions which shall apply to .the
Property shall be as set forth in Paragraphs 7(a)(vi) and (vii).
8. Assignor shall have the right to approve any lease
purchase agreement or other financing mechanism which pledges the
Property as collateral for any loan Assignee obtains to acquire
the Property or which Assignee obtains subsequent to closing to
refinance or reimburse Assignee the funds used to close the pur-
chase of the Property, but that approval cannot be unreasonably
withheld. Assignor's approval shall be based on the inclusion in
the loan documents of provisions which reasonably meet the provi-
sions of Paragraph 8(a).
(a) Should the Assignee finance the purchase of the
Property or, subsequent to closing, obtain financing in connec-
tion with the Property with a lease purchase agreement or with
any financing mechanism that requires the Property to be conveyed
or pledged as collateral for the loan, such a conveyance or lease
shall be permitted and the applicable loan documents shall in-
clude a provision that there shall be no prepayment penalty and
shall permit Assignor to repay the loan should the Assignee
violate any of the use conditions set forth in Paragraph 7 of
this Assignment. Further, the loan documents shall provide that,
should the Assignee be in default of the agreements in Paragraph
7 above, Assignor can cure the default to prevent the Property
from being transferred to the lender.
-5-
010390
220
(b) If Assignor repays the loan in its entirety,
Assignor shall be entitled to acquire the Property pursuant to
the terms and conditions in this Assignment. If Assignor wishes
to exercise any option to obtain title to any portion of the
Property as set forth above, he shall give written notice of his
intention to exercise the option to the Assignee within thirty
(30) days of the time the option accrues and shall take all steps
necessary to obtain title to the Property within six (6) months
of the date of the written notice. If Assignor fails to properly
exercise the option within the time periods set forth, he shall
be barred forever from doing so. All conditions in Paragraph 7
above shall terminate if Assignor fails to repurchase the Prop-
erty within the time period provided for in_this Assignment after
a violation of any of the conditions in Paragraph 7 or after a
default under any loan obtained by Assignee to acquire the Prop-
erty, or if Assignor fails to exercise his right of first refusal
as provided in Paragraph 9 below.
9. Right-of-First Refusal. Notwithstanding the provisions
of Paragraph 7(a)(iv) above, Assignee may sell, transfer or
convey all or any portion of the Property, from time to time, to
any private party, provided that Assignee complies with the
following provisions of this Paragraph 9:
(a) In the event that Assignee elects to sell, transfer or
convey all or any portion of the Property to a private person or
entity, excluding (i) the creation of an encumbrance or lien, or
(ii) the grant of a leasehold interest not containing an option
to purchase in connection with a public purpose permitted in this
Assignment or in connection with the construction of employee
housing, or in the event that Assignee receives a bona fide offer
to purchase all or any portion of the Property, except as afore-
said, from any private person or entity, Assignee shall give
written notice thereof to Assignor setting forth the material
terms and conditions of the proposed sale or such bona fide of-
fer. Such notice shall be sent by certified mail, return receipt
requested, or by hand delivery, evidenced by a written acknowl-
edgement of receipt by Assignor or his agent.
(b) In the event Assignor shall fail to agree (by executing
and delivering to Assignee the contract described in Paragraph
9(c) below) to acquire the Property or the portion thereof pro-
posed for sale upon the same terms and conditions as set forth in
the notice within thirty (30) days after receipt of such notice,
the Assignee shall be free to convey the Property or portion
thereof pursuant to the terms and conditions set forth in the
notice.
(c) In the event Assignor agrees to purchase the Property
or portion thereof proposed for sale as provided above by exe-
cuting and delivering to Assignee a specific performance contract
-6-
010390
220
for the purchase and sale of the Property or portion thereof pro-
posed for sale within thirty (30) days after receipt of Assig-
nee's written notice, Assignor shall close on the purchase of the
Property or portion thereof proposed for sale within sixty (60)
days after execution and delivery to Assignee of Assignor's
agreement to purchase.
10. Prohibition A ainst Recordin This Assignment shall
not be recorded, and, i this Assignment is recorded in violation
of this provision, this Assignment shall be notice to all inter-
ested parties that this Assignment and the provisions hereof have
been terminated and that Assignor claims no interest in the
Property.
11. No Joint Venture or Partnershi Nothing contained
herein sha a eeme or construe y t e parties hereto., or by
any third party, as creating a relationship of principal and
agent or a partnership or joint venture between the parties
hereto, it being understood and agreed that the relationship
between the parties hereto are solely that of an Assignor and
Assignee as set forth herein.
12. No Third Part Beneficiaries. This Assignment is
entered into so e y or t e purpose of enabling Assignee to
purchase the Property pursuant to the Contract and no person or
entity, including without limitation the Seller of the Property
pursuant to the Contract, shall be deemed a third-party benefi-
ciary hereunder.
IN WITNESS WHEREOF, the part' have executed the foregoing
Assignment of Contract as of the ~ day of January, 1990.
ASSIGNOR:
GEORGE N. GZLLETT, JR.
Mic ael S. S annon, as
Attorney-in-Fact
-7-
010390
220
ATTEST:
CITY CLERK
ASSIGNEE:
TOWN OF VAIL, a Colorado municipal
corporation
By:
Its ayor
STATE OF COLORADO )
ss.
COUNTY OF )
,jf_~, The foregoing instrument was acknowledged before me this
``tt day of January, 1990, by MICHAEL S. SHANNON, as Attorney-
in-Fact for GEORGE N. GILLETT, JR.
My commission expires: ~ ~ ~~%~
Witness my hand and official seal.
[SEAL]
STATE OF COLORADO
~~ ~ ~ z~
ota y Pu ' c
} ss.
COUNTY OF )
The foregoing instrument w~a/-s ack owl dged before me this
day of January, 1990 , by F~rc,~ ~ ~~~
Mayor, of the TOWN OF VAIL, a municipal corporation.
My commission expires.: ~~~~ ~r~ ~
7S S. f~ent~ AM Mdl ~ti1
Witness my hand and official s al.
~tlL~_-
Notary Public
[SEAL]
-8-
010390
220
STATE OF COLORADO )
ss.
COUNTY OF ~ )
The foregoing instrument w s ackno led ed before me this
day of January, 1990, by ,
City Clerk, of TOWN OF VAIL, a municipa corporation.
8ne~+ea t~seeMn, Netry 11~bIiC
My commission expires : tuy Commission M~pir~ k~. ~
Witness my hand and official sea.. .
~.
Notary Pu is
[SEAL]
-9-
EAGLE CO(1NTY
551 Broadway
Eagle,Colorado 81631
(303) 328 7311
~~' n ~~~ March 21, 1990
~1 rA~~
Allan ottingham, Mayor
Town o Avon
P.O. Bo 975
Avon, Co orado 81620
Dear Mr. Ngttingham:
Enclosed please find three copies of the
Intergovernmental Agreement among the Town of Avon, Eagle
County, and the Town of Vail for your signature. The
Town of Vail made two changes in the Agreement: 1) page
2, paragraph 2, second sentence; and 2) page 4, paragraph
9 D. The Vail Town Council and the Eagle County Board
of County Commissioners have approved the agreement with
these changes. Also note that the Eagle County Board of
County Commissioners added paragraph 19 to this agreement
before execution.
Please review the revised version, and if it is
acceptable to you, sign all three copies and return them
to Larry Eskwith at the Town of Vail. After the Town of
Vail has signed the agreement, we will each receive a
fully executed copy for our records.
If you have any questions, please do not hesitate
to call.
Sincerely,
L
Kevin Lindahl
County Attorney
KL/mpw
Enclosure
Board of County Commissioners Assessor Clerk and Recorder Sheriff Treasurer
P.O. Box 850 P.O. Box 449 P.O. Box 537 P.O. Box 359 P.O. Box 479
Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE
AND
TOWN OF AVON
AND
TOWN OF VAIL
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of
19 by and among the County of Eagle, State of Colorado,
a body corporate and politic, by and through its Board of County Commissioners,
hereinafter referred to as the "County;" and the Town of Vail, State of Colorado, a
municipal corporation, by and through its Town Council; and the Town of Avon, State
of Colorado, a municipal corporation, by and through its Town Council.
RECITALS
A. The Town of Vail intends to use its best efforts to purchase the parcel of
land commonly referred to as the Berry Creek Subdivision, 5th Filing, and as more
specifically described in Exhibit A attached hereto and by this reference made a
part hereof ("Berry Creek parcel").
B. In addition, the Town may use its best efforts to purchase the parcel of
land commonly referred to as the Miller Ranch located near Edwards, Colorado, and
more specifically described in Exhibit B attached hereto and by this reference made
a part hereof ("Miller parcel").
C. Should the Town of Vail obtain title to the Berry Creek parcel, the Town
wishes to sell and the County wishes to purchase the Berry Creek parcel under the
terms and conditions set forth in this Agreement.
D. Should the Town obtain title to the Berry Creek parcel and the Miller
parcel, the Town wishes to sell and the County wishes to purchase both the Berry
Creek and the Miller parcels under the terms and conditions set forth in this
Agreement.
E. This Intergovernmental Agreement is authorized pursuant to Section
29-1-201, et seq., C.R.S.
Now, therefore, for and in consideration of the mutual covenants, conditions, and
promises contained herein, the parties hereto agree as follows:
1. The Town of Vail agrees to use its best efforts to purchase the Berry Creek
parcel upon terms and conditions acceptable. to the Town of Vail.
2. The Town of Vail may use its best efforts to acquire the Miller parcel upon
terms and conditions acceptable to the Town of Vail. In the event the Town of Avon
or the County or both have purchased an interest in the Berry Creek parcel pursuant
to paragraph 9 before acquisition of the Miller parcel by the Town of Vail, then the
following provisions shall apply to any subsequent purchase of the Miller parcel.
A. If negotiations are commenced between any of the parties to this
Agreement and the owner of the Miller parcel for the purchase of the Miller parcel,
that party shall notify the other parties within five (5) days of such
commencement. Either or both of the other parties shall have the right to
participate in the negotiations if they so desire.
B. The negotiating parties shall attempt in good faith to agree on terms
and conditions of purchase which are acceptable to all the parties. If after a
reasonable period of time agreement can be reached between the owner of the Miller
parcel and the negotiating parties or any two of the negotiating parties, they shall
enter into a contract to purchase the Miller parcel which shall provide that each
purchasing party shall be entitled to an equal share of ownership in the Miller
parcel as a tenant in common, and each party shall be obligated to pay an equal
portion of the purchase price at the closing of the sale.
C. If after a reasonable period of time and a good faith attempt, all or
any two parties participating in negotiations for the purchase of the Miller parcel
are unable to agree upon the terms and conditions of purchase, then any party which
wishes to accept Seller's final offer shall be entitled to do so and proceed with
the purchase of the Miller parcel.
3. The County shall hire bond counsel and a financial consultant to provide
consultation to the parties relating to the financing of the Berry Creek and/or
Miller parcels and shall hire a planner to give advice to the parties regarding the
planning and development of either the Berry Creek parcel or the Berry Creek and
Miller parcels for recreation and employee housing.
4. The Town of Vail shall hire the services of special real estate counsel to
provide consultation to the parties regarding the acquisition of the Berry Creek
parcel or the Berry Creek and Miller parcels.
5. The parties agree to equally share the costs of the consultants described
in paragraphs 3 and 4 up to the following maximum amounts:
Bond counsel and financial consultant - $15,000
Land use planner - $7,500
Real estate counsel - $15,000
-2-
6. The County shall hold an election in the spring of 1990 ("the election") to
place the issue before the registered voters of Eagle County of whether or not to
increase the County general fund mill levy in a sufficient amount for the County to
purchase the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is
applicable, and to develop either the Berry Creek parcel or the Berry Creek and
Miller parcels for the purposes of employee/affordable housing and recreation.
7. The County, the Town of Avon, and the Town of Vail agree to cooperate in
presenting and explaining the need and rationale for the purchase of the Berry Creek
or Berry Creek and Miller parcels and for their future development as
employee/affordable housing and recreation.
8. If at the election, the registered voters of Eagle County approve an
increase in the County general fund mill levy in a sufficient amount for the County
to purchase the property and develop the property for employee/affordable housing
and recreational purposes, the County shall purchase the property from the Town of
Vail for a purchase price equal to the price paid by the Town of Vail for the Berry
Creek parcel or the Berry Creek and Miller parcels, plus loan carrying costs (e.g.,
loan fees, debt service, etc.) and other direct costs incurred by the Town of Vail
to purchase and hold either the Berry Creek parcel or the Berry Creek and Miller
parcels to the time of purchase by the County. If the Town of Vail purchases the
Berry Creek parcel or the Berry Creek and Miller parcels with cash on hand rather
than borrowed funds, the County shall purchase the property form the Town of Vail
for a purchase price equal to the price paid by the Town of Vail for the Berry Creek
parcel or Berry Creek and Miller parcels and interest thereon at the rate of eight
and one-half percent interest (8.5%) per annum until the time of purchase by the
County.
9. If at the election, the registered voters of Eagle County do not approve an
increase in the County general fund mill levy in a sufficient amount for the County
to purchase the Berry Creek parcel or the Berry Creek and Miller parcels and develop
the property for employee/affordable housing and recreational purposes, then the
County shall have no obligation to purchase the Berry Creek parcel or the Berry
Creek and Miller parcels, from the Town of Vail. However, the County and the Town
of Avon may purchase an interest in the Berry Creek parcel or the Berry Creek and
Miller parcels, whichever is applicable, as follows:
A. If either the County or the Town of Avon wish to purchase the property
without contribution from or participation by the other, then the purchasing
-3-
government shall be obligated to purchase a fifty percent (50%) interest in the
property as a tenant-in-common.
B. If both the County and the Town of Avon wish to purchase interests in
the property, they shall be obligated to purchase a one-third (1/3) interest each as
a tenant-in-common.
C. The purchase price to the Town of Avon or the County shall be the
appropriate percentage of all costs and expenses the Town of Vail has expended in
the purchase, development, and maintenance of the property up to the date and time
of purchase, including by way of illustration and not limitation, purchase price,
development costs, all fees paid to design and planning consultants and special
legal counsels subsequent to the election, .costs of planning, designing, and
constructing any improvements on the property, and all finance carrying costs (e.g.,
loan fees, debt service, etc.).
D. If the Town of Avon or the County wish to purchase a share in the
Berry Creek parcel or the Berry Creek and Miller parcels, as the case may be, as
provided for in this paragraph, they shall do so within five (5) years of the date
of the certification of the election results by giving written notice to the Town of
Vail of their intention to so purchase. Closing of the purchase of the Berry Creek
parcel or the Berry Creek and Miller parcels by the Town of Avon or the County, as
the case may be, shall occur no later than sixty (60) days after the giving of such
notice. It is understood by the parties that should the Town of Vail own both the
Berry Creek parcel and the Miller parcel, the Town of Avon or the County shall be
required to purchase the specified interest in both parcels. Should the Town of
Avon or the County fail to purchase any interest in the property within five (5)
years of the date of the certification of the election results, the right to do so
shall immediately terminate.
10. During any period of time the Town of Vail is the sole owner of the
property, it may make all decisions regarding the property, including by
illustration and not limitation, financing, maintenance, and development, which it
in its sole discretion deems proper. In addition, the Town of Vail shall have the
right to sell the property if it determines, in its sole discretion, such sale is
appropriate, during any period of time it is the sole owner of the property
including the period of time prior to the election or after the election,
notwithstanding the right to purchase shares of the Berry Creek parcel or Berry
Creek and Miller parcels given the County and the Town of Avon in paragraph 9 of
this Agreement. In the event the Town of Vail sells the property prior to the
-4-
election, costs of consultants paid by the County and the Town of Avon pursuant to
paragraph 5 shall be refunded to them.
11. In the event the Berry Creek parcel is owned by more than one (1)
government, each owner will appoint two (2) representatives to form a committee to
manage and develop the property. No owner .shall pledge, sign, or otherwise transfer
or convey its interest in the property without the expressed written consent of all
the other owners. No owner shall have the right of partition unless otherwise
mutually agreed to by all owners. No owner shall have the right to sign any
petition for an annexation or an annexation election or petition for inclusion in
any special district without the mutual consent of all the owners. The committee
shall establish bylaws for the management and development of the property and shall
have the right, if they deem it in the best interest of the owners, to recommend to
the owners and the owners may take all steps necessary to establish a separate
entity for the ownership, management, and development of the property. In the event
the members of the committee fail to agree as to any question affecting the Berry
Creek parcel, the question immediately be submitted for a joint determination by the
governing bodies of all owners.
12. In the event the voters fail to approve an increase in the mill levy to
purchase the Berry Creek parcel, the parties agree to share equally the following
costs which are in addition to the costs set forth in paragraph 5 of this Agreement:
A. A bond counsel fee as compensation for providing services directly
related to the mill levy election in an amount not to exceed six thousand five
hundred dollars ($6,500).
B. A financial advisor fee as compensation for providing advice directly
related to the mill levy election in an amount not to exceed two thousand dollars
($2,000).
C. The costs of holding a mill levy election in an amount not to exceed
fifteen thousand dollars ($15,000).
If the registered voters of Eagle County approve an increase in the mill levy for
the purchase and development of the Berry Creek parcel, then all consultation fees
expended by all the parties which have been set forth in this Agreement, including
bond counsel and financial consultants, planner, and real estate counsel fees are
set forth in paragraph 5 hereof, and bond counsel and financial advisor fees as set
forth in paragraph 12, as well as the cost of the holding of the election shall be
paid from the proceeds of the mill levy increase.
-5-
13. This Agreement does not and shall not be deemed to confer upon nor grant to
any third party any rights to claim damages or to bring any lawsuit, action or other
proceedings against either the Town of Vail, the Town of Avon, or the County because
of any breach hereof or because of any terms, covenants, agreements, or conditions
contained herein.
14. Except as specifically provided otherwise herein, no modification or waiver
of this Agreement or of .any covenant, condition, or provision herein contained shall
be valid unless in writing and duly executed by the party to be charged therewith.
15. This written Agreement embodies the whole agreement between the parties
hereto and there are no inducements, promises, terms, conditions, or obligations
made or entered into either by the County, the Town of Avon, or the Town of Vail,
other than those contained herein.
16. This Agreement shall be binding upon the respective parties hereto, their
successors or assigns, and may not be assigned by any party without the prior
written consent of the other respective parties hereto.
17. All agreements and covenants herein are severable, and in the event that
any of them shall be held invalid by a court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid agreement or covenant were not
contained herein.
18. The Town of Avon, the Town of Vail, and the County each individually
represent to each other that it possesses the legal ability to enter into this
Agreement. In the event that a court of competent jurisdiction determines that
either of the parties hereto did not possess the legal ability to enter into this
Agreement, this Agreement shall be considered null and void as of the date of such
court determination.
19. The County in no way waives its authority to regulate the use and subdi-
vision of the Berry Creek Parcel or the t~~iller Parcel.
ICJ 4lIT?HESS WHEP.EOF, the parties hereto have executed this Agreement this ! 9~
day of ~~~~~~-- 1990.
ATTEST: ~
Johnnette h' lips,
u
COUfJTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUPJTY
COMMISSIOtJERS
By : ~'
erk Donal elch, Chairman
'P.O. Box 850
Eagle, CO 8161
(C03) 949-5257
-E-
ATTEST:
TOWN OF VAIL, STATE OF COLORADO, By
and Through Its Town Council
By: By:
Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor
75 S. Frontage Road West
Vail, CO 81657
(303) 479-2100
ATTEST:
e
TOWN OF AVON, STATE OF COLORADO, By
and Through Its Town Council
~_
Allan Nottingham, yor
P. 0. Box 975
Avon, CO 81620
(3d3) 949-4280,
-7-
);XHII3IT A
Berry Creek 5th Fili,no
PARCEL, A
Page 1 of 2
A parcel of land located in the~W. 1/2 of Section 4 and the
NE 1/4 of Section 5, Township 5 South, Range 82 West of the
Sixth Principal Meridian,' County of Eagle, State of Colorado.
hlore particularly described as follows:
13c>c)iunir-g ~t a Nuint• on lhc~ soutl-eL•ly right-of-way for
Interstate [iiyl~way 7U from which the northwest corner of said
Section 4 bears, N. 30 degrees 37'20"~V. 2103.11 feet; thence S.
58 degrees 13'30"E. along the I-7U right-oL-way line 318.59
feet; thence departing from the I-7U right--of-way S. 41 degrees
58'43"W. 141.00 feet; thence S. 48 degrees 01'17"E. 150.00
feet; thence N. 41 degrees 58'43"E. 150.00 feet to a point on
the I-7U right-of-way; thence continuing along the I-70
right-of-way 1?8.41 feet along the: arc of a non-tangent curve to
L-he ri.ciht having a rad.i.us of 2126.80 feet whose chord bears S.
44 degrees 56'4"~"E. 128.39 feet; continuing along said
right-ot-way line, S. 40 degrees 41'30"E. 289.10 feet,
continuing along said rLght-of-way line, S. 39 degrees 28'00"E.
296.10 feet; continuing along said riylrt-of-tray S. 43 degrees
53' 30"I;. 366.70 feet; c:untinuiny along the arc of a t-angent-
curve to the left 5~IU.`_"iU feet having a radius of 1787.00 feet,
whr,se (.:ho1'd bears S. 54 deyr.ec~:r .15'22"E. 538.45 feet to a point
on the east line of the SW ll4 Section 4; thence daparting from
the Interstate 70 right-of-way and continuing along the east
line of the SW 1/4 Section 4 S. U1 degreos 23'01"W. 1372.3(3 feet
t.o a Ix~i.nt on the northerly r.ighl:-oC-way of the Denver and itio
Grande Western 12ailroad; continuing along said right-of-way
72.81 feet along the arc of a non-tangent curve to the left
havinc3 a radius of 1810.00 feet whose chord bears N. G7 degrees
23'40"3V. 72.80 feet; thence r_ontinuinq along said right-of-way
N. 66 degrees 14'31"W. 1553.3~i feet; continuing along said
right-o£-way N. 89 degrees 44'20"W. 121.64 feeC; continuing
along said right-of-way 1671.11 feet along the arc of a
non-tanc)ent curve to the right having a radius of 1860.00 feet
whose chord bears N. 38 degrees 11'59"W. 1615.47 feet;
continuing along said right-of-way N. 12 degrees 27'40"W. 171.74
feet; continuing a.lonq_ said ri.ylLt-of-way N. U1 degrees
?5'33"E. 130.18 feet; continuing along t:~e said right-of-way N.
15 degrees 23'59"W. 2~)9.G9 feet L-o a point on the easterly side
of the State Highway No. G access road right--of-way; thence
continuing along tho access road right-of-way N. 77 degrees
39'01"E. 16.50 feet; continuing along said right-of-way N. 73
degrees 27'30"E. 220.57 feet; continuing along said
right-of-tray 141.69 feet along the arc of a tangent curve to the
left having a radius of 577.50 feet whose chord bears N. 58
degrees 37' 1(3"E. 141.34 feet; •ther-ce deprting frorn the access
road right--of-way S. 55 degrees 16'12");. 400.00 feet; thence N.
35 decrees 17'28"E. 480.81 feet; thence N. 70 degrees 21'00"W.
285.47 feet; thence N. 86 degrees 45'00"W. 148.20 feet to a
paint on the State Elighway No. 6 access road right-of-way;
thence N. 25 degrees 27'30"E. 27.00 feet to a point on the
Interstate 70 right-of-way; thence along the Interstate 70
right-of-way S. 86 degrees 45't)U"E. 141.60 feet; thence
continuing along said right-of-way S. 70 degrees 21'00"E. 550.20
feet, to the point of beginning.
GXiiIBIT A Page 2 of 2
Berry Creek Sth Filing
PARCEL B
A parcel of land located in the-northwest quarter of the.
southwest quarter of Section 4, Township 5 South, Range a2 West
of thf~ Sixth Principal Meridian, Eagle County, Colorado, more
Narticular.ig described as fo]lows:
ltc~yinnincl at a huin~ on LI-e west line of Section 4 from
which the southwest corner- of the NW 1/4, SW 1/4 of Section 4
bears S. U1 degrees 25'33"W. 254.OU feet; thence along the west
line of Section 4 N. Ul degrees 25'33"E. f3U2.17 feet to a point
on L-he southerly right-o.C-way of the Denver Rio Grande and
WesL-ern Railroad; thence departing from the west line of
Section 4 and continuing along the railroad right-of-way along a
curve tc~ the left an arc lenclth of 1370.34 feet, having a
radius of 1960.00 feet, a central angle of 40 degrees 17'33" and
a clror-d bearing S. 3i3 degre~_s 17' U2"E. 1350.12 feet to a point
of tyre south line oC t-.he NW ]-/4, SW 1/4 Section 4; thence
departing from the rai~lruad right-of-way and continuing along
the south line of L-he NW ll4 SW 1/4 N. 89 degrees 44'20"W.
3?2.7Ei feet to the r_enterline of tl~c~ I;:jgle River; thence
departing from the south line ut the NW 1/4 S4V 1/4 and
continuing along the centerline of the Eagle River the following
four l4l courses:
11 N. 10 degrees 44'20"W. 123.OU feet;
21 N. G2 degrees ZE]'45"W. 101.07 feet;
3) N. F37 denr,~rs 55'~il"W. 2U9,11 feet;
4) N. 72 degrees 34'27"W. 1411.UU feet;
to tl~e point of beginning.
L'XHTBIT B
Miller Parcel
PARCEL A:
Page i of 3
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3 AN0 THE
SOUTH 1/2 OF SECTION 4, TOWNSHIP 4~SOUTIi , RANGE 82 WEST OF THE.
SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON TIIE NOR1'11ERLY RIGIi'!' OF WAY OF 'I'IIE
DENVER AND RIO GRANDE WESTERN RAILROAD ANU ON THE WESTERLY LINE
OF SECTION 3 FROM WHICH THE SOUTHWEST CORNER OF SECTION 3 BEARS
SOUTIi O1 DEGREES 25 MINU'T'ES 43 WEST 688.56 FEET; THENCE
DEPARTING FROM THE WEST LINE OF SECTION 3 AND CONTINUING ALONG
THE NORTHERLY RIGHT OF WAY OF THE DENVER A2JD RIO GRANDE
RAILROAD RIGHT OF WAY NORTH 86 DEGREES 37 MINUTES 36 SECONDS
EAST 122.10 FEET; TIiENCE ALONG A CURVE TO TILE LEFT AN ARC
LENGTIi OF 568.60 FEET, WITII A RADIUS OF 2764.79 FEET AND A
CENTRAL ANGLE OF 12 DEGREES 47 MINUTES 00 SECONDS; THE2ICE NORTH
74 DEGREES 50 MINUTES 36 SECONDS EAST 2110.57 FEET TO A POINT
ON THE EAST LINE OF THE WEST 1/2 OF SECTION 3; THENCE ALONG THE
CENTER SECTION LINE SOUTH 00 DEGREES 45 MINUTES 59 SECONDS WEST
47.32 FEET; THEiJCE DEPARTING FROM THE CENTER SECTION LINE 2JORTH
74 DEGREES 48 MINUTES 41 SECONDS EAST 207.34 FEET; TIiENCE ALONG
A CURVE TO THE RIGHT AN ARC LENGTH OF 95.33 FEET HAVItZG A
RADIUS OF 1482.60 FEET AND A CENTRAL ANGLE OF 03 DEGREES 41
MINU'T'ES 02 SECONDS TO A POINT COMMON TO THE NOR'1'IiERLY RIGHT OF
WAY OF THE DENVER AND RIO GRANDE RAILROAD AND THE SOUTHERLY
RIGHT OF WAY OF INTERSTATE 70 THENCE DEPARTING FROM 'I'IiE
RAILR011D RIGIIT OF WAY AND CONTINUING ALONG '1'IlE It7TERS'I'A'I'E 70
RIGIi'P OF WAY SOU'1'fi 88 DEGREES 2G MIt~U'T'E5 31 SECONDS WEST 703.20
FEET; TIiENCE SOUTIi 84 DEGREES 37 MINU`T'ES 31 SECONDS WEST 300.70
FEET; THENCE NORTH 64 DEGREES 59 MINUTES 29 SECOIJDS WEST 111.80
FEET; THENCE SOUTH 88 DEGREES 26 MINUTES 31 SECOIJDS WEST 700.00
FEET THENCE SOUTH 78 DEGREES 59 MINUTES Ol SECONDS WEST 304.10
FEET; THENCE ?NORTH 87 DEGREES 57 MINUTES 59 SECONDS WEST 893.80
FEET; TIiENCE NORTH 87 DEGREES 57 MIiJUTES 59 SECONDS WEST 153.50
FEET; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 501.48
FEET HAVING A RADIUS OF 2441.80 FEET AtdD A CENTRAL ANGLE 11
DEGREES 46 MINUTES O1 SECONDS; THENCE NORTH 73 DEGREES 33
MINUTES 29 SECONDS WEST 309.80 FEET; THENCE NOR'T'H 73 DEGREES 20
MINUTES 29 SECONDS WEST 1363.20 FEET; TIiENCE NORTIi 66 DEGREES
18 MINUTES 29 SECONDS WEST 367.60; TIiENCE ALOPJG A CURVE TO THE
RIGHT A2d ARC LENGTH OF 103.37 FEET WITII A RADIUS OF 1787.00
FEET AND A CENTRAL ANGLE OF 3 DEGREES 18 MINUTES 52 SECONDS TO
THE WEST LINE OF THE EAST 1/2 OF SECTION 4; THENCE DEPARTING
FROM THE INTERSTATE 7 0 RIGHT OF WAY AND CONTINUING ALOfJG THE
CENTER SECTION LINE SOUTH O1 DEGREES 23 MItJUTES O1 SECONDS WEST
211.79 FEET; THENCE DEPARTING FROM THE CENTER SECTION LINE
SOUTIi 64 DEGREES 06 MINUTES 54 SECONDS EAST 76.53 FEET; TIiENCE
SOU'T1I 07 DEGREES 54 MINiJTES 43 SECOPJDS WEST 1109.48
FEET; TIiENCE ALONG A CURVE TO THE LEFT A2~1 ARC LENGTH OF 60.70
FEET WITII A RADIUS OF 1809.86 FEET AND A CENTRAL ANGLE OF 1
DEGREES 55 MINUTES 18 SECONDS TO A POINT OPI THE WEST LINE OF
THE EAST 1/2 OF SECTION 4; THENCE ALONG THE CENTER SECTION LINE
SOUTIi O1 DEGREES 23 MINUTES Ol SECONDS WEST 53.27 FEET TO A
POINT ON THE NORTHERLY RIGHT OF WAY OF THE DENVER AND RIO
GRANDE WESTERN RAILROAD RIGHT OF WAY; TIiENCE DEPARTING FROM THE
CENTER SECTION LINE AND CONTINUING ALONG '1'IiE NORTIERLY RAILROAD
RIGHT OF WAY ALONG A CURVE TO THE LEFT AN ARC LENGTH OF 800.23
FEET WITH A RADIUS OF 1859.86 FEET AND A CENTRAL ANGLE OF 24
DEGREES 39 MINUTES 08 SECONDS; TIiEIJCE idORTli 86 DEGREES 37
MINUTES 36 SECONDS EAST 1917.70 FEET; TO A-POINT ON THE EAST
LINE OF SECTION 4; THENCE CONTINUING ALO2JG THE SECTION LINE AND
THE RAILROAD RIGHT OF WAY NORTH O1 DEGREES 25 MINUTES 43
SECONDS EAST 50.18 FEET TO~THE POINT OF BEGINNING.
Page 2 of 3
EXHIBIT B
Miller Parcel
EXCEPTING THEREFROM THE "SHANNON TRACT" LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 4 AND THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL
MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A BRASS CAP FROM WHICH THE SOUTHEAST CORNER OF
SECTION 4 BEARS SOUTH O1 DEGREES 29 MINUTES 05 SECONDS WEST
1041. U7 f'tE'i'; 'T'IirNCF: SOU'i'It U9 Uis'GI2P:I"":.~ 31 Ma.tJU'1'E5 71 Si,C~NUS
~JLS'T' S9 . 5U F'EE'1' '1'O A B12AS5 CAP; 'i'IiEI~tCE NUR'1'H 02 DEGREES 13 ' ,
MINUTES 18 SECONDS EAST 60.02 FEET '1'O A BRASS CAP; TIiENCE SOUTH
89 DEGREES 42 MINUTES 26 SECONDS WEST 59.33 FEET TO A BRASS
CAP; THENCE SOUTH 02 DEGREES 04 MINUTES 06 SECONDS EAST 59.82
FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE "CEMETERY" LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 4 AND THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A FENCE CORNER FROM WHICH THE SOUTHEAST CORNER OF
SECTION 4 BEARS SOUTH O1 DEGREES 22 MINUTES 18 SECONDS WEST
915.23 FEET; THENCE ALONG A FENCE LINE NORTIi 02 DEGREES 25
MINUTES 52 SECONDS EAST 402.43 FEET TO A FENCE CORNER; THEI~CE
SOUTH 88 DEGREES 08 MINUTES 44 SECONDS EAST 110.78 FEET TO A
FENCE CORNER; TIiENCE SOUTH 02 DEGREES 21 MINUTES 29 SECOtdDS
WEST 399.34 FEET TO A FENCE CORNER; TIiENCE NORTH 89 DEGREES 43
MINUTES 58 SECONDS WEST 111.36 FEET TO 'T'IiE POINT OF BEGINNING.
PARCEL B:
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 4,
TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 4 FROM WHICH
THE SOUTH QUARTER. CORNER OF SECTION 4 BEARS NORTH 89 DEGREES 39
MINUTES 48 SECONDS WEST 176.00 FEE`L'; THENCE NORTIi O1 DEGREES 23
MINUTES O1 SECONDS EAST 473.04 FEET TO A POINT ON THE SOU'T'H
RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD; THENCE
ALONG THE RAILROAD RIGIiT OF WAY ALONG A CURVE TO THE LEFT AN
ARC LENGTH OF 623.91 FEET WITH A RADIUS OF 1954.86 FEET AND A
CENTRAL ANGLE OF 18 DEGREES 14 MINUTES 23 SECONDS; TIiENCE NORTIi
86 DEGREES 37 MINUTES 36 SECONDS EAST 705.28 FEET; TIiENCE
DEPARTING FROM THE RAILROAD RIGHT OF WAY SOUTH 03 DEGREES 19
MINUTES 24 SECONDS EAST 460.97 FEET TO TIIE SOUT}i LINE OF
SECTION 4; TIiENCE ALONG THE SOUTH LINE OF SECTION 4 NORTIi 89
DEGREES 39 MINUTES 4$ SECONDS WEST 1360.38 FEET TO T1iE POINT OF
BEGINNING.
PARCEL C:
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 4,
TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN,
EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SECTION 4 ON THE SOUTH
BANR OF THE EAGLE RIVER FROM WHICH THE SOUTHEAST CORNER OF
SECTION 4 BEARS SOUTH O1 DEGREES 25 MINUTES 43 SECONDS WEST
372.44 FEET; THENCE ALONG THE SOUTH BANK OF THE EAGLE RIVER
NORTH 74 DEGREES 05 MINUTES 00 SECONDS WEST 133.64 FEET; TIiENCE
SOUTH 86 DEGREES 20 MINUTES 00 SECONDS WEST 119.00 FEET; THENCE
SOUTH 64 DEGREES 45 MINUTES 00 SECONDS WEST 321.40 FEET; THENCE
EXHIBIT B
Miller Parcel
Page 3 of 3
DEPARTING FROM THE SOUTH BANK OF THE EAGLE RIVER NORTH 21
DEGREES 10 MINUTES 24 SECONDS WEST 75.00 FEET; THENCE SOUTii 74
DEGREES 58 MINUTES 36 SECONDS WEST 159.94 FEET; THENCE NORTH 14
DEGREES 29 MINUTES 24 SECONDS WES'i' 1,10.20 FEET; THENCE NORTH 77
DEGREES 17 MINUTES 36 SECONDS EAST~149.00 FEET; THENCE NORTIi 20
DEGREES 37 MINUTES 24 SECOPJDS WEST 73.10 FEET TO A POINT ON THE
SOUTH RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERIJ
RAILROAD; TItENCE ALONG THF•. I271ILR011D RIGii'I' OF WAY NOR'I'lt ti6
UiG12L•'1:3 37 M:INU'i'ES 3G SECOtIUS EAST G32.72 I'EL'1' 'I'O A F'0111'1' Otl
'1'IiE EAST LINE OF SECTION 4; TIiENCE UEPAI2'i'ING FROM THE RAILROAD
RIGHT OF WAY AND CONTINUING ALOPIG TIIE EAST LINE OF SECTION 4
SOUTIi O1 DEGREES 25 MINUTES 43 SECONDS WES'i' 165.59 FEET TO '1'HE
POINT OF BEGINNING.
PARCEL D:
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3,
TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SI:{TH PRINCIPAL
MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGiiT OF WAY OF THE
DENVER AND RIO GRANDE WESTERN RAILROAD APJD ON THE NORTH BANK OF
THE EAGLE RIVER FROM WHICH TIIE SOUTIiWEST COI2IJER OF SECTION 3
BEARS SOUTIi 10 DEGREES 23 MINUTES 36 SECONDS WEST' 500.52
FEET; THEIJCE ALONG THE RAILROAD RIGIiT OF WAY NORTH 86 DEGREES
37 MINUTES 36 SECONDS EAST 60.63 FEET; THENCE ALONG A CURVE TO
THE LEFT AN ARC LENGTIi OF 609,73 FEET WITIi A RADIUS OF 2964.79
FEET AND A CENTRAL ANGLE OF 11 DEGREES 47 MINUTES 00
SECONDS; THENCE NOR'i'Ii 74 DEGREES 5U MINUTES 36 SECONDS EAST'
2053.52 FEET TO A POINT ON TIIE WEST LIiJE OF TIIE SOUTIEAST 1/4
SECTION 3; THENCE ALONG THE CENTER SECTIO?d LINE NORTIi 00
DEGREES 45 MINUTES 59 SECONDS EAST 56.65 FEET; THENCE DEPARTING
FROM THE CENTER SECTION LINE AND CONTINUING ALOtJG THE RAILROAD
RIGHT OF WAY NORTH 74 DEGREES 48 MINUTES 41 SECONDS EAST 235.93
FEET; TIiENCE ALONG A CURVE TO THE RIGIiT AN ARC LENGTIi OF 444.01
FEET, WITIi A RADIUS OF 1382.60 FEET AND A CENTRAL ANGLE OF 18
DEGREES 24 MINUTES 00 SECONDS; THENCE ALONG A CURVE TO THE
RIGHT AN ARC LENGTH OF 382.47 FEET, WITIi A RADIUS OF 5679.70
FEET AND A CENTRAL ANGLE OF 03 DEGREES 51 MINUTES 30
SECONDS; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF
319.3 5 FEET WITIi A RADIUS OF 905.4 0 FEET AND A CE?JTRAL A?JGLE OF
20 DEGREES 12 MINUTES 33 SECONDS TO A POINT ON THE WEST LIiJE OF
THE EAST 1/2 SOUTHEAST 1/4 SECTION 3 ; TIiENCE DEPARTING FROM THE
RAILROAD RIGHT OF WAY AND CONTINUING ALONG THE WEST LINE OF THE
EAST 1/2 SOUTIEAST 1/4 SECTION 3 SOU'i'Ii 00 DEGREES 27 MINUTES 59
SECOiJDS WEST 72.00 FEET TO THE NORTIi BAiJK OF THE EAGLE
RIVER; THENCE DEPARTING FROM TiiE WEST LINE OF THE EAST 1/2
SOUTHEAST 1/4 SECTION 3 AND CONTINUING ALONG THE NORTH BANK OF
TfiE EAGLE RIVER NOR'I'II 59 DEGREES 45 MIP7U'I'ES 46 SECONDS WEST
193.28 FEET; Z'fiENCE NORTIi 80 DEGREES 17 MINUTES 43 SECONDS WEST
196.15 FEET; THENCE SOUTH 85 DEGREES 22 MINUTES 49 SECONDS WEST
411.02 FEET; THENCE SOUTH 68 DEGREES 55 MINUTES 22 SECONDS WEST
254.10 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 32 SECONDS WEST
102.36 FEET; THENCE SOUTH 22 DEGREES 56 MINUTES 44 SECONDS WEST
328.27 FEET; THENCE SOUTH 55 DEGREES 44 MINUTES 10 SECONDS WEST
255.99 FEET; THENCE NORTH 84 DEGREES 59 MINUTES 43 SECONDS WEST
432.05 FEET; THENCE SOUTIi 75 DEGREES 38 MINUTES 23 SECONDS WEST
444.81 FEET; THENCE SOUTH 60 DEGREES 24 MINUTES 08 SECONDS WEST
542.07 FEET; THENCE NORTH 79 DEGREES 56 MINUTES 14 SECOPJDS WEST
417.17 FEET; TIiENCE SOUTH 86 DEGREES 49 MINUTES 25 SECONDS WEST
242.25 FEET; THENCE SOUTii 71 DEGREES 36 MINUTES 56 SECONDS WEST
232.12 FEET; THENCE NORTH 64 DEGREES 08 MINUTES 32 SECONDS WEST
382.04 FEET TO THE POINT OF BEGINNING.
f3r~nd~ss - C~clmus Real CsEaE~, Inc.
281 BRIDGE STREET ~ VAIL, COLORADO 81657
April 13, 1990
Town Council Members
Town of Vail
75 S. Frontage Rd.
Vail, CO 81657
Dear Council Members:
On behalf of the owners of the Bridge Street Building,
we are opposing the proposal under consideration to
raise the height of the Red Lion Building. A rough out-
line of the proposed structure has been. erected on the
roof of the building, alerting us about the upcoming
project; however, no notice was sent to this Association.
The sending of such notices to neighbors is, I believe,
a r_~~gaiirement.
The Bridge Street Condominium Association is strong7_y
opposed to any amendment that y~ia~< be granted to the
proponent with regard to disruption of view corridors.
If variances of this sort are granted now and in the
future, the village will slowly lose its charm and
sunlight. If we can't see the mountains, we nay as well
work. in New York or Chicago.
We urge the Council to deny any portion of this and
future proposals that contradict Vail Master Plan guide-
lines concerning building height and. view corridors.
Thank you for your consideration.
Sincerely,
BRIDGE STREET B CON SSOC.
b
Craig Gra nd
CMG
REAL ESTATE (303) 476-1450 • DENVER TOLL FREE 893-3101
RESERVATIONS 1-800-222-VAIL • FAX (303) 476-3188
IEWB
7S mouth tronta~• road
vall, Colorado 81 dS7
(303) 479.21 S8
department of public works/transportation
April 16, 1990
T0: STAN BERRYMAN
RON PHILLIPS
CHARLIE WICK
FROM: Skip Gordon /f/I
VAIL 1989
RE: Late Night Bus Service Summary
~~~
The following is a summary of the Late Night Bus Service
provided from February 17 - April 14, 1990:
intown Shuttle - 3,303 (total passengers)
West Vail - 952 (total passengers)
East Vail - 745 (total passengers)
5,000 TOTAL PASSENGERS FOR ALL ROUTES
Intown Shuttle - 67
West Vail - 19
East Vail - 15
101
SG:df
(average per night)
(average per night)
(average per night)
(TOTAL AVERAGE PER NIGHT)
I
` REC'G APR
\\~ 1 61990
VAIL VILLAGE INN
Village Inn Plaza Condominiums
April 13th, 1990
The Honorable Kent Rose &
The Town Council
Town of Vail
75 S. Frontage Road W.
Vail, CO. 81657
Dear Mayor Rose and
Ladies and Gentlemen of the Town Council:
Since I will be out of town at your next meeting date, I am taking
the liberty of submitting the enclosed petitions to you by mail.
The petitioners are respectfully requesting that the Vail Town
Council amend the master plan of Ford Park by resolution,deleting
any mention of an aquatic center. In addition, they are requesting
that Ford Park be preserved in its present state, for uses presently
in existence, with no more construction except for improvements and
enhancements of the present facilities.
I hope that you will see fit to act on this matter favorably at
your earliest convenience.
Sincerely yours,
VAIN, VILLAGE INN
9~o~ei~~tauf~r
Pr sid nt & Managing Director
JS tfm
Copy to: The Vail Daily
The Vail Trail
100 East Meadow Drive Vail, Colorado 81657 (303) 476-5622
February 22, 1990
RFC'D APR 1 61990
WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REGISTERED
VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE VAIL TOWN
COUNCIL AMEND THE MASTER P; AN OF FORD PARK BY RESOLUTION,
DELETING ANY MENTION OF AN AQUATIC CENTER.
IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE
DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS
PRESENT STATE, FOR USES PRESENTLY IN EXISTENCE, WITH NO MORE
CONSTRUCTION EXCEPT FOR IMPROVEMENTS AND ENHANCEMENTS OF
PRESENT FACILITIES.
i'
w• ~~ ~ ~ ~%
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February 22, 1990
REGISTERED
VAIL TOWN
RESOLUTION,
COUNCIL RESPECT THE
PARK PRESERVED IN ITS
EXISTENCE, WITH NO MORE
AND ENHANCEMENTS OF
t/
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WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR
VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE
COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY
DELETING ANY MENTION OF AN AQUATIC CENTER.
IN ADDITION, WE REQUEST THAT THE TOWN
DEaIRE OF THE UNDERSIGNED TO SEE FORD
PRESENT STATE, FOR USES PRESENTLY IN
CONSTRUCTION EXCEPT FOR IMPROVEMENTS
PRESENT FACILITIES.
February 22, 1990
WE, THE UNDERSIGNED, TAXPAYERS, RESIDE*iTS, OR REGISTERED
VOTERS OF VAZL, RESPECTFULLY REQUEST THAT THE VAIL TGWN
COUNCIL AMEND THE MASTER PLAN OF FCRD PARK BY RESOLUTION,
DELETING ANY MENTION OF AN AQUATIC CENTER.
IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE
DESIRE OF THE UNDERSIGNED TO SEE FCP.D PARK PRESERVED IN ITS
PRESENT STATE, FOR USES PRESENTLY IN EX_STENCE, WIT;i NO MORr
CONSTRUCTION EXCEPT FtiR IMPROVEMENTS P_ND E2i.~iAPJCEMENTS OF
PRESENT FACILITIES.
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February 22, 1990 ~~
WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REv^IST~RED
VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE VAiL TOWN
COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY REuOLUTION,
DELETING ANY MENTION OF AN AQUATIC CENTER.
IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE
DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS
PRESENT STATE, ~"OR USES PRESENTLY IN EXISTENCE, WITH NO MORE
CONSTRUCTION EXCEPT FOR IMPROVEMENTS AND ENHANCEMENTS OF
PRESENT FACILITIES.
~/
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~~,
~~ ~~~~ N~ c~~.!
February 22, 1990
WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REGISTERED
VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE VAIL TOWN
COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY RESOLUTION,
DELETING ANY MENTION OF AN AQUATIC CENTER.
IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE
DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS
PRESENT STATE, FOR USES PRESENTLY IN EXISTENCE, WITH NO MORE
CONSTRUCTION EXCEPT FOR IMPROVEMENTS AND ENHANCEMENTS OF
PRESENT FACILITIES.
M ~ ~,c. ~ r .P1 rv
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Fe~ruar, ~'!., 199U
WE, THE UNDERSIGNED, TAXPAYERS, RE'SIi~ENTS, t)R i2LGISt`~:R~.
VOTERS OF VAIL, RESFECTFUL;,Y REQUEST THAT THE VA.IL TGWN
COUNCIL AMEND THE MATER FLAN Or FORD PART; H'~ RESOLUfiTON,
DELETING ANY MENTION OF Ati AQUATIC CENTER.
IN .~.DDITION, WE REQUEST THAT THE TOWN COUPiCIL RESPECT THE
LESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS
PRESENT STATE, FOR USES PRESENTLY IN EXISTENCE, WLTH NO MORE
CONS'I'FL'CTION EXCEPT FOR IMPROVEMENTS AND ENHAN~~EMEiYTS OF
PRE;Si_N~1' FACILITIES.
Jcy l7• 1~ r•~~~~c~~'~l
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C r~.sh, ~~~ . t o ~
~~~~ , ~~
February 22, 1990
WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REGISTERED
VOTERS OF VAIL, RESPECTFULLY REQUEST THAT THE VAIL TOWN
COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY RESOLUTION,
DELETING ANY MENTION OF AN AQUATIC CENTER.
IN ADDITION, WE REQUEST THAT THE TOWN COUNCIL RESPECT THE
DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS
PRESENT STATE, FOR USES PRESENTi,Y IN EXISTENCE, WITH NO MORE
CONSTRUCTION EXCEPT FOR IMPROVE:~ENTS AND ENHANCEMENTS OF
PRESENT FACILITIES.
V~.'~
1 G '
3 c~ ~ /y~ ~'l ~ C~~~P. U
"~~- C~ ~'~X 11~I -~Or~~e~ rev. ~, ~C.3
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1. -
February 22, 1990
`"_
WE, THE UNDERSIGNED, TAXPAYERS, RESIDENTS, OR REGISTERED
VOTERS OF VAIL, RESPECTFULLY REQi;EST THAT THE VAIL TOWN
COUNCIL AMEND THE MASTER PLAN OF FORD PARK BY RESOLUTION,
DELETING ANY MENTION OF AN AQUAT;C CENTEk.
IN ADDITION, W_E REQUEST THAT THE TOWN COIJfiCIL RESPECT THE
DESIRE OF THE UNDERSIGNED TO SEE FORD PARK PRESERVED IN ITS
PRESENT STATE, FCR USES PRESENTL'I IN EXISTENCE, WITH NO MORE
CONSTRUCTION EXCEPT FOR IMPROVE"4ftTS AND ENHANCEMENTS OF
PRESENT FACILITIES.
L ~~ ~
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RECD APR 1319
STATc OF COLORADO
COLORADO DEPARTMENT OF HEALTH
4210 East 11th Avenue Telefax:
Denver, Colorado 80220-3716 (303) 322-9076 (Main Building/Denver)
Phone (303) 320-8333 (303) 320-1529 (Ptarmigan Place/Denver)
(303) 248-7198 (Grand )unction Regional Office)
MEMORANDUM
l'O : I r.terested Parties
FROr7 : ; c}k.~ar~n 1 r,rrJ e Mi nF !>n-Site r'c~orc' lnator,
DATE : Arnri i 1 1 , 19y0
e~ o~f1~+~~CO~~g9
N ~ ~~
*,
. ~!
'~ /876 ~
Roy Romer
Governor
Thomas M. Vernon, M.D.
Executive Director
SUBJECT: E:aaie tfir.e Health Assessment fn;" }-r?e 1gB9 C~on~=trl~ct_:n?-~
Season
This is a summary of the findinRS of the (:oloracio Department
of Health rez~art entitled "Assessment of Risk Associated with
the Potential F.xposll.re of Children to Metals in Airborne Mane
Wastes at the Minturn Middle School and. P9aloit Park :area,
NiintUI'I'~, (~C~1DrctCiD" C:om-;lete COf 1P.S Of the report c,re
a•.~ailat;le for ni'~t?1 is review at the Minturn Middle Sr.hool ,
Minturn, C:ommunitSr Center, and Earle County Sr.}tool Di~:trict
Acilnirlistration rtii-ic?inn. Anyone re+7ui.r. ino a r_.np}r shr,~.:~ ?,:?
CC~r1taC7 ~?1Ci: YaraG}''iiril, (:OlOrBC?O IiE'.pc`I1"tn1C'Ilf r:~y )':ect~tll,
Harardnt.?s materials ar,c? Waste ^'ar~ac~emr~r,t Taivision, 4^.)~_, ~'~:~'t
11th Avenue , Denver , CO E0220. Llirer,t t?nest.ions rectard:ij?cT
ti7i s I•epc,r~t to Dick Parachini (331 -4801 1 or. rw?i.ke Wi l scan ~ ~ ->~ -_
'Tjlf~ CO.I.Or~ri~j DeiJ~rtmF'TIt Of Health ant? rile Earle County Sr.l1OO1
District undertook greatly increased air monitoring durin(7 the
198Q con~:tr'~.?,_.t i or.. Geason to s1~1I?i;Jement that required. of
Gvlf+Westerr_ hv_ the State emissicsns permit. The air duality
data collectery at the Minturn Middle School. and North si#:P
monitoring stations has substantially improved the basis for
caJculatinr! estimates of risk associated with exposure to
airborne metals in the Cross Creek area. The estimates of
r;S!L Of r•}~ i ~t~rc.n tin Sirnt~rne contaminants i.n the vicinity ai
ti-e Mi„+t:rr. Midc'e School and A".aloft Parr: were separate'. v_
calculated >a~=ino hni•h the State and Gulf+Western data.
The hzrheGt cancer ris: value eased on these mrl:itoring re~:ul `:s
were for c-rildren in the vicinity of the Maloit Far}: area. The
combines potential ea:nosure to arsenic, cadm:;um. an.c~ chro;r,iwJ~
is 4. t Gases of excess GancErs per 1 , 00'~r , 000 1JOptiiat.l On . '~ i1F_'
hiailest cancer ris}_ value far chi_dren in the vicinity a`~ -li-,e
M i ptt7rji j~! . r'('i -: F =t'nr,n i i F 1 . 3 C~SeS Der J , 0("'C' , GOCJ DOi~u laT i '`., ,
`!:'rlese t;elliE'~ cite i'OnS2Ce'_"P_G' ^rOteCtiVe Cy L,~i1 StctI3C.(csi"CAS f>J' t~")E'
~OY)lllr^_,t'•~,.-~r_. ~?-~ t;-,F• N%?~p3~; ~8?"k 8T1G1 tf'•T',ttl;^tt t~!ir?C?£' C:'~n.(1C).i ~r'F'~"'.
Both valves ~; e paseo O?! ~ tc:te ci i ]" JI'Ci?"! i't'r`Y' t I-IrT i<~' ='~ 3'IC~
represents ~:.E` LiTJl-~er C'~ C~~'j"C?Ilt CO'-if' i t?FnC P i.?" E''"y~c J , "~:Jf''-:F_
results are ~~c.cf?:7 Or: c-t1 ~ ti'!r r-1~rrP?.i l .-i\7%- i ~ :',~e ~.~-tr
1nC111C11TIt7 S3. ?.E Geochemistry and t}le re~at7~~e~tC??=:~~"?t-Y O' r'•'J
JTietals 1-novzn to be aresent in thF Eagle ?~'in? v-asrPs.
rl~ser.~c- is *he main component ~n t~-~- 'ota] health risk.
'~F'rause it has the hirheCt likelihood of oaitsin~ cancer. 7t =.
r,r~E:r>enT in the mine and mi]]ina wastF~ at the site. None of
tC,F rr{ray-i~red Qirhorne ieac] (Pbi concPntratic~ns exc-eedeci ti,e
l~atonal I~mbient Air Gualit~l .°,tanda],c~ c,f ~ ,5 ugim3. ThesF
va?ties no not exceed erlvironmer.ta? e},nosvre 1 im.its for
ch~]dren, including the most sPnst]ve indicriduals.
Thf~ tr,~P r5s}' may actt,a i<. by _~~~~: t'r,~'"~. ~'~'c~'tilf,i:.et~ ~iF,~~tf.~-~^ _
t}.f? c--()rlc~~Y'\.%:-tt]Ve cJSStI1T1L,t]Or1S L1GP(l I"1 t}JF~ 1^'Jl:k:, e:3t'_'.mr'3'tl(,t, '1'F;r-
~.r~c~F,~~~,,.;~.n* r~;nthn(;n]OC'<? t1~PE. t~~ T%Y?. ~r,1 r. - !•-,: ~:~!'~+r 11~':;tr t"
:1 F~'^r'r'l '!" !^!7I;T 1. ('!P_!?CP 1ntP-"\?? ~ S I7 ~,?.7 F'r`{~,'~,t']l Ci r':-+r_l ('P?` it Cat E?n~'V
f r.c-t-c,rs . arr assLmes. 1 C~0 nYrr_.ent: of ' he citl~:t is i.nhaleci . 'C},!~:
j;;tii:t,;Jt1C;',ila`J ci~`yC~ rt]:3 ]70~ ~JCC'C>Llrlt i+t'" "~"~ii{t'BC? tUt%t] StIS}?t-J,t7rt~
;.,1.~ rt,--,tF. ,p•~rF-+~c, .i.^tt`~1 r~„]rtr, _ i~"' t'?E' w.,i?l"er !T; C: P. `.:i;
li ] _i i }? F' t~ F ? :a (' t (-, r ~: I]T ~ V C,'J F ]" ' f c~ t' ] 1'.lct ~ F' t ! ! f ~~ C' t tlr~ ~ ~~ 1 S ~: i'a} J J (' }'~
r.?r~",C!isCE'~ c' 1`,orE CC+r1SerVdtlVe %AB~"P.^.E;J?{i.l"'•{ .
Adcaitic~nal air monitori.nc~ devices wF~re installed at the N:"}!lturn
M dd ~ e School to determine whether da ~~s of h.i a'r, a 1 r. borne me ta.i
corJCfatrations were bPinc? missed b~~ the 4ir monitoring p!:•c,ct]~<<Jn
.:mr,] emented by Gulf+Western which c~antn~ r'c' every tt-iir. d d~{y .
;'}le rn(~t a]s concAntration differences in thF State anc7
Gti.:iZ+We~stern data occurred because of the differences betwet~]J
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PRESENT:
Steve Simonett
Colleen McCarthy
Betty Neal
Kevin Ca:asidy
Pam Brandmeyer
AGENDA
REGULAR MEETING
LOCAL LICENSING AUTHORITY
WEDNESDAY, APRIL 11, 1990
10:00 A.M.
ABSENT:
Bill Bishop
Larry Eskwith
1• Consideration of the Board of the following modifications
of premises:
a. Red Lion Inn, Inc., dba, the Red Lion Restaurant
b. Eagle Restaurant Corporation, dba, Cyrano's
c. Up the Creek Bar and Grill, Inc., dba, Up the Creek
Bar and Grill
d. Sweet Basil, Inc., dba, Sweet Basil
e. Lancelot, Inc., dba, the Lancelot Restaurant
f. M.E.L. Enterprises, Inc., dba, David's Deli
2. Notification of the Board of no corporate structure
change for Starr Pizza Slices, Inc., dba, Rocky Rococo
Pan Style Pizza.
3. Consideration of the Board of the following items for
Sweet Basil, Inc., dba, Sweet Basil:
a. Corporate Structure Change
Sally Clair, Secretary/Treasurer, replacing Gary
Boris
b. Renewal
4. PUBLIC HEARING - Consideration of the Board of an
application for a Special Events Permit, Malt/Vinous/
Spirituous Beverages, by the Town of Vail, in conjunc-
tion with its annual spring clean-up day, at the
location of Gerald R. Ford Park, Lower Bench, the 700
Block of South Frontage Road East, Vail, Colorado, on
May 5 and 6, 1990, from 9:00 A.M. to 3:00 P.M. daily.
The officers are as follows:
Rondall V. Phillips, Town Manager
Susan Scanlan, Events Manager
Continued to 5-9-90.
Continued to 5-9-90.
Continued to 5-9-90.
Continued to 5-9-90.
Continued to 5-9-90.
Continued to 5-9-90.
So noted.
Unanimously approved.
4-0
Unanimously approved.
4-0
Unanimously approved.
4-0
5. PUBLIC HEARING - Consideration of a 100 transfer of Continued to 5-9-90.
ownership of the existing Hotel/Restaurant Liquor License
from Cascade Lodge Hotel/Mansfield Ltd./Nail Ventures,
Ltd., dba, the Westin Hotel - Vail, to Hotel Food Co.,
dba, the Westin Hotel - Vail.
6. Notification of the Board of recent renewals:
a. Gary Haubert/Steve Buis, et al, dba, the LionsHead
Bar and Grill
b. Vail Valley Foundation, dba, the Gerald R. Ford
Amphitheatre
c. M.E.L. Enterprises, Inc., dba, David's Deli
d. C].aas -Borus, Inc., dba, Montauk
7. Any other matters the Board wishes to discuss.
a. Inquiry to be sent to Eagle Restaurant Corp., dba,
Cyrano's requesting immediate corporate structure
change.
Unanimously approved.
Unanimously approved.
Unanimously approved.
Gentlemen:
Thought you might like. to see
of my most recent;-~atrmerc.ial
satisfied client~'`i-~ Durango.
keep me in mind ~f you feel I
service in any 1~-ay. `'"K~vin
work for ~ -~--~ ._.._ ~
P1 ease - '_ ~- _~,.
Vail Town Council
75 South Frontage Rd
Vail, Co 81657
RECD APR 161990
,; o~: _ ~,,~ a;
~~..
~ ~` --
~~ ,~
Preemptive Technologies, Inc.
Rocky Mountain Laboratories
~soz> ass-n~o
20601 North 5th Drive ~e7lin ~andoC~h Bain -
Phoenix, Arizona 85027
Architecture I Planning --
Delineation
~ ~'~
~~
~3 ~ ~ ~~:
1 i , a ;
WHEN INJURIES or accidents occur, you
want to get back to your active lifestyle as
quicklyas possible. An orthopaedic physician
will see that you do.
ORTHOPAEDICS deals with all aspects of
health care. pertaining to the musculoskeletal
system -bones, joints, muscles, tendons,
ligaments, nerves, skin and any related
structures.
SPORTS MEDICINE is the orthopaedic care
' of sports related injuries and the
.supervised, intensive rehabilitation of an
individual to his or her specific ability level.
Olin ORTHOPAEDIC PHYSICIANS have
~ ~~ ~ ~ ~ each completed ]3 years of premedical,
medical and orthopaedic education and have
passed the eramiaations that certify them by
the American Board of Orthopaedic Surgery.
Continuing medical education is extremely
important in the constantly changing field of
~; orthopaedic surgery, and our physicians devote
a great deal of time to research and study -
WE TREAT people of all ages who resulting in thehighest standard of care for
have a variety of injuries or conditions, "~~our patients.:.
,including:
r As specialists, we recommend surgery only
Knee injuries;`- when non-surgical techniques will be
~~ Shoulderdisortlers ~ insufficient for your fullest recovery. We
~ ~
Fraotures~ ~~~~ ~: ~ ~ ~~' ~ ~ ~~~~~ ~>~ . _
~ 'understand the benefits of physical therapy,
~
Foot andankle probiem5 and in many cases such programs
mayprovide
Hand injuries a viable alternative to surgery. If surgery is
Spine disorders ,~ '~ required, our physicians are experts in the
Scoliosis ;~ / field of orthopaedic surgery and sports
Hip Disorders medicine. We feel an obligation to personal]y
Arthritis monitor your progress on an individual basis.
OUR OFFICE [S OPEN from 8:30 am to
4:30 pm, Monday through Friday from May
through November. During the ski season, we
are open from 9:00 am to 5:00 pm, Monday
through Saturday. We request that you call to
make an appointment, but we will make every
effort to accommodate any emergency.
IF YOU HAVE AN EMERGENCY after
scheduled office hours, our physicians on call
may be contacted by calling the Vail Valley
Medical Center operator at (303) 476-2451.
Our orthopaedist will see you as soon as
possible.
FINANCIAL CONCERNS Please feel free
to discuss fees, insurance, or other financial
concerns with our staff.
Often, insurance does not fully Dover the
amount due. and our office bills your insurance
carrier onlvfor surgical procedures. We
request payment for office visits at the time of
treatment.
THE LOCATION of our main office is in the
Vail Valley Medical Center in Vaii, Colorado, We
also travel to Frisco, Breckenridge, and
Leadville, Colorado for clinics and post-
operative care. Offices will be open in Frisco
and Avon by Fa111990.
Please let us know if you have any questions or
concerns and how we may better serve you.
THE DOCTORS at Vail Orthopaedics and
Sports Medicine share extensive expertise to `,
sports medfoine~diagnosis and treatment. Al] -
three are members of the ]ntertYlonntain
Medical Society, the Colorado Medical Society .
and the American Medical Association..- ~~
L.D. CH1PMAty, M.D. received his medical degree from
the University ofIJtah in 1973 and completed bis
orthopaedic residency at lpmole University in 1978 -
During that periodDr.~Chipman workedwith the Temple ~;
University SportsMedicine Center, which was the first
uNversity-directed sports medicine aenterin the country _' ; F
CectiPied hytbe American Board of Orthopaedic ,;.~,:'
Surgeryin1879; Dr Chipman is a fellow of theAmeriea~ ~"'~ ;
Academy of Orthopaedic Surgeons and bas practiced in
the 4'ai[ area since 1981.
JOHN Ell3EG0'iTLIEB,n1.D, received bis medical ~.,
degree from Temple University in 1974 and completed hiti~
orthopaedic residency in 1979. De Gottlieb was also
involved withtheTempie University Sports Medicine
.::.program.
Certified by the American Board of orthopaedic `~~
Surgeryin 1981, Dr:Gottlieb is a fellow of the American
Academy o€ Orthopaedic Surgeons and a member or the
Arthroscopie Association of North America. He presently
serves on the Board of Governors of Vail VaILy Medical
Center and has practiced is the Uail area since 1979.
PETER GLARKE JANF.S, h1.P. ~ece~~ed his ~~
undergraduate and medical d ,.~e~ i~~ . t,~ ~ ~;~,;eersity
of Minnesota, served his Internship at PresbyterianlSt.-
Lakes iu Denver and completed his residency at the "•
University of Utah in 1987.
Dr. Janes is certified by the AmericanBcard of
;..orthopaedic. Surgery and is a candidate Fellow of tht
,-, -.
American Academy of Orthopaedic Surgeons: He ~s ,, ~~ .
presentlg~ serving as Chief of,SurgerylAnesthesia at the ~;~: - ,
Vai}VatleyMedica[Centerandhas;pi'audit;ediri,thetiaip~~,~~'{,~`.-
area since 198 r. "'
ADMINISTI~~TION ~~~t
;E ~l~
~y
..MARSHALL J. THAh1ES, M.B.A. rece~ ed his mcsicrs of-,-, ,~
business administration degree from the Wake Forest
..University Graduate School of Business. Prior to ente~m,,
graduate school, Mr. Thamesserved s~~ years with the
U.S. Army, leavngtheserviee in 1981 with thei'ank of _~ -~, ~ .
captain. Ne joins the practice from Consumer Health
Services, lna.in Boulderwhere he worked for five years
holding positions in sales, f~inanee and accounting.
O~P~ ~
4/13/90
Council - FYI
Employee golf passes are now available. You only need to check with Cathie in
Personnel to pick up your pass; you then need to take it to the UMRD Offices to have
your photograph taken.
/bsc
/,/~
4/13/90
Kent, Tom, Peggy, Lynn, Rob, and Merv -
Please bring your parking pass in Tuesday and give it to Brenda or Ron. Thanks very
much!
/bsc
~j TLU~Q