HomeMy WebLinkAbout1991-12-03 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, DECEMBER 3, 1991
7:3A P.M.
AGENDA
1. CITIZEN PARTICIPATION.
2. Consent Agenda.
A. Approval of Minutes of November 5 and November 19, 1991 evening meetings.
B. Ordinance No. 41, Series of 1991, second reading, an ordinance repealing and
reenacting Ordinance No. 28, Series of 1991, to provide changes to Area A
- requirements for SDD No. 4 that concern the development plan for Millrace IV,
Scenario 1, a/k/a Cosgriff parcel; and setting forth details in regard thereto.
. (Cascade Village)
` C. Ordinance No. 46, Series of 1991, second reading, an ordinance amending the
Plan Document of the Town of Vail Employees' Pension Plan; and setting forth
details in regard thereto.
3. Ordinance No. 45, Series of 1991, first reading, an ordinance repealing and reenacting
Chapter 3.40 -Sales Tax of the Municipal Code of the Town of Vail; and setting forth
details in regard thereto. (The changes to the sales tax ordinance do not change TOV's existing tax base.)
4. Ordinance No. 47, Series of 1991, first reading, an ordinance amending Section
18.52.170 -Leasing of Parking Spaces, of the Vail Municipal Code, and setting forth
details in regard thereto. (Applicants: Peter Jacobs of Days Inn and Alan Lufarger of
Thrifty Car Rental).
5. Resolution No. 23, Series of 1991, a resolution declaring the intention of the Town
Council of the Town of Vail, Colorado, to create a local Improvement District commonly
referred to as "Utility Underground District No. 1 within the boundaries of the Town of
Vail for the purpose of converting existing overhead electric facilities to underground
locations; adopting the details and specifications therefore; and ordering publication
and mailing of notice of hearing to the owners of the property to be assessed for the
improvements in said District.
6. Adjournment
C:WGENDA.TC
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VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, DECEMBER 3, 1991
7:3Q P.M,
EXPANDED AGENDA
7:30 p.m. 1. CITIZEN PARTICIPATION.
7:35 p.m. 2. Consent Agenda.
A. Approval of Minutes of November 5 and November 19,
1991 evening meetings.
Shelly Mello B. Ordinance No. 41, Series of 1991, second reading, an
ordinance repealing and reenacting Ordinance No. 28,
Series of 1991, to provide changes to Area A
requirements for SDD No. 4 that concern the
development plan for Millrace IV, Scenario I, a/k/a
Cosgriff parcel; and setting forth details in regard thereto.
(Cascade Village).
Steve Thompson C. Ordinance No. 46, Series of 1991, second reading, an
ordinance amending the Plan Document of the Town of
Vail Employees' Pension Plan; and setting forth details in
regard thereto.
7:45 p.m. 3. Ordinance No. 45, Series of 1991, first reading, an ordinance
Steve Thompson repealing and reenacting Chapter 3.40 -Sales Tax of the
Municipal Code of the Town of Vail; and setting forth details in
regard thereto.
Action Repuested of Council: Approve/deny Ordinance No. 45,
Series of 1991, on first reading.
Background Rationale: The Colorado Association of Commerce
and Industry (CACI) initiated an expenditure limitation bill which
included State control of local taxes. However, CACI agreed not
to include State control of focal sales taxes in their bill if all self
collecting municipalities adopted a uniform ordinance as
proposed and adopted by the CML Board of Directors. The
changes to the sales tax ordinance are primarily in form, not in
substance. The changes do not change TOV's existing tax base.
Staff Recommendation: Approve Ordinance No. 45, Series of
1991, on first reading.
8:00 p.m. 4. Ordinance No. 47, Series of 1991, first reading, an ordinance
Andy Knudtsen amending Section 18.52.170 -Leasing of Parking Spaces, of the
Vail Municipal Code, and setting forth details in regard thereto.
(Applicants: Peter Jacobs of Days Inn and Alan Lufarger of
Thrifty Car Rental).
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Action Reauested of Council: Approve/deny Ordinance No. 47,
Series of 1991, on first reading.
Backaround Rationale: On November 11, 1991, the PEC
reviewed the proposed code change and recommended, 6-0,
Council approve it. Currently, the zoning code allows parking
spaces to be leased between private individuals in the CCI, CCII,
HDMF, PA, and SD zone districts. The code amendment would
include the CCIII zone district, and would allow rental car
agencies to also lease private spaces. There will be no chanae
to the requirement for a lease proposal to be approved by the
zoning administrator. Even if this amendment is approved, the
Town could deny a proposal which caused a parking problem, or
was not appropriate for a given site.
Staff Recommendation: Approve Ordinance No. 47, Series of
1991, on first reading.
8:10 p.m. 5. Resolution No. 23, Series of 1991, a resolution declaring the
Larry Eskwith intention of the Town Council of the Town of Vail, Colorado, to
create a local Improvement District commonly referred to as
"Utility Underground District No. 1 within the boundaries of the
Town of Vail for the purpose of converting existing overhead
electric facilities to underground locations; adapting the details
and specifications therefore; and ordering publication and mailing
of notice bf hearing to the owners of the property to be assessed
for the improvements in said District.
Action Reauested of Council: Pass/deny Resolution No. 23,
Series of 1991.
Backaround Rationale: Resolution No. 23 is one of the required
steps in the formation of a local Improvement District to
underground electrical lines in part of East Vail. It directs the
publication of a notice of hearing on the formation of the District.
8:25 p.m. 6. Adjournment
C:UIGENDA.TCE
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MINUTES
VAIL TOWN COUNCIL MEETING
NOVEMBER 5, 1991
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, November 5, 1991, at 7:30 P.M., in the Council
Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Robert Levine
Merv Lapin
Lynn Fritzlen
MEMBERS ABSENT: Peggy Osterfoss
Jim Gibson
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town Clerk
The first item on the agenda was a TOV Ten Year Employee Recognition presentation. Ron Phillips introduced Tom
Talbot, Fire Department Fire Technician, and presented him with his ten year service award. Tom was thanked for
his years of dedicated service to the Town of Vail, and congratulated by Dick Duran.
Second on the agenda was presentation of a donation by the Vail/Eagle Valley Rotary Club from their 1991 Tree
Planting Project at Timber Ridge/Post Office. Jeff Bowen first read a citation to Todd Oppenheimer in recognition of
his assistance on the project, and then presented a check for $4,792.66 to the Town of Vail. Todd thanked the Rotary
for their citizenship, stewardship, and a job well done.
Third on the agenda was Citizen Participation, of which there was none.
Item No. 4 on the agenda was a Consent Agenda consisting of six items. Before Mayor Rose read the titles, Merv
Lapin asked to have item B, Ordinance No. 34, Series of 1991, second reading, withdrawn from the Consent Agenda
for further discussion. Mayor Rose then read the titles of the five remaining items on the Consent Agenda in full:
A. Approval of Minutes of October 1 and October 15, 1991, evening meetings.
C. Ordinance No. 36, Series of 1991, second reading, an ordinance providing for the establishment of
Special Development District No. 27, Forest Glen (A.K.A. Timber Falls); adopting a development plan
for Special Development District No. 27 in accordance with Chapter 18.40 of the Vail Municipal Code
and setting forth details in regard thereto. (Applicant: Timber Falls Association)
D. Ordinance No. 37, Series of 1991, second reading, an ordinance amending Section 18.32.030 of the
Municipal Code of the Town of Vail by adding "Well Water Treatment Facility" as a conditional use
in the agricultural and open space zone district. (Applicant: Vail Valley Consolidated Water District)
E. Ordinance No. 38, Series of 1991, second reading, an ordinance authorizing the sale of certain
property known as the Berry Creek 5th Filing parcel to the Eagle County Recreation Authority.
F. Ordinance No. 39, Series of 1991, second reading, annual appropriation ordinance adopting a
budget and financial plan and making appropriations to pay the costs, expenses, and liabilities of the
Town of Vail, Colorado, for its fiscal year ending January 1,1992, through December 31,1992, and
providing for the levy assessment and collection of Town ad valorem property taxes due for the 1991
tax year and payable in the 1992 fiscal year.
Mayor Rose asked if there were any other items on the Consent Agenda anyone wanted withdrawn for discussion.
Peter Jamar asked that Item C be withdrawn. Merv Lapin moved to approve the Consent Agenda consisting of items
A, D, E, and F, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously,
5-0.
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Mayor Rose read in full the title of the first item withdrawn from the Consent Agenda, Ordinance No. 34, Series of
1991, second reading, an ordinance amending Section 3.16.050 of the Municipal Code to provide that any contract
for the construction of a public improvement with a value of not more than $100,000 may be negotiated by the Town
Manager without submitting it for bid; and setting for the details in regard thereto. Merv Lapin expressed concern
shared by Rob Levine that $100,000 was too high. Both said they would support this ordinance at a $50,000 level.
Tom Steinberg asked how many of the last year's contracts had been between $50,000 and $100,000, but an answer
was unavailable. Rob Levine moved to approve Ordinance No. 34 with the change from $100,000 to $50,000, with
a second coming from Merv Lapin. Before a final vote was taken, Merv noted he was concerned with the $100,000
figure because he felt the $50,000 would more likely ensure public notification of Town contracts over $50,000 open
for bid. Lynn Fritzlen added she felt $5,000 was a figure with which she would have been more comfortable. She felt
negotiated bids greater than $5,000 should require review by an elected body. A vote was then taken and the motion
passed unanimously, 5-0.
Withdrawn Item C of the Consent Agenda, Ordinance No. 36, Series of 1991, second reading, was discussed next.
Mayor Rose had previously read the title in full as part of the Consent Agenda. Peter Jamar had asked this ordinance
be withdrawn for further discussion in conjunction with Item No. 9 on the agenda, Resolution 21, Series of 1991,
regarding the setting of a fee in lieu of the dedication of land for school sites. Ron Reilly noted he was not aware of
the fee in lieu at first reading of Ordinance No. 36, Series of 1991. He asked for a determination as to whether the
fee in lieu would be applicable to his current project, Forest Glen (aAc/a Timber Falls). After discussion about the
history of this tax, Larry Eskwith summarized that the ordinance applies whenever there is a major subdivision. It
would not apply if an area had been previously subdivided and the fee had already been paid. He pointed out the
Forest Glen area has been zoned, but never subdivided. There was further discussion about the TOV's rationale for
adoption of the ordinance, which was at the request of the school board to come in line with what the County was
doing to require a fee in lieu of land dedication for the purchase of school land and construction of school buildings
in the future. Peter suggested Resolution No. 21, Series of 1991, be made more equitable so developers do not see
the fee as one more reason to go through the single family subdivision process. He felt the fee ought to apply across
the board and be geared more to the impact, as opposed to the method, by which someone chooses to divide their
property. After further discussion, Rob Levine moved to approve Ordinance No. 36, with a second coming from Lynn
Fritzlen. Before a final vote was taken, Merv referred to discussion at a previous meeting about inclusion of a forest
access easement at Forest Glen. Being advised there was no public access to Forest Service land from public streets
at Forest Glen, Tom Steinberg asked for a ten foot easement strictly for access to the Forest Service land. Ron Reilly
questioned if there might be potential liability to him if he agreed to the easement. Tom said Ron could dedicate an
easement to the Town, and it would then be the Town's responsibility. Ron said he would consider this. A vote was
taken and the motion passed unanimously, 5-0.
Item No. 5 on the agenda was a discussion of issues regarding changes to Area A requirements of Special
Development District (SDD) No. 4 concerning the development plan for The Cascades, a/k/a Millrace IV, a/k/a Cosgriff
Parcel; applicants East West Partners and Commercial Federal Bank. Mayor Rose pointed out the item was before
Council as an information/discussion item only, and Council was not taking any formal action on the item during this
meeting. Shelly Mello noted there were two parts to the discussion, the first being a review of current ownership and
potential development issues, and the second being an analysis of a development plan submitted for one of the
individual parcels. Shelly pointed out there are presently four different owners of the Cascade Village SDD, initially
owned by one entity, Vail Ventures. She said now the SDD is running into a multiple ownership situation, and the
different development plans on file will probably end up being reviewed independent of each other. She reviewed a
description of the request for a minor subdivision and major amendment to SDD No. 4 to approve a development plan
as detailed in the Community Development Department's memo to the Planning and Environmental Commission dated
October 28,1991, and the CDD's memo to Town Council dated November 5,1991. Kristan thanked Mark Smith, Jerry
Mulligan, and Nick Gwathmey for coming to help everyone examine and fully understand this issue. Shelly said there
were a number of concerns staff and the PEC had, and read conditions applicable to the staff's recommendation of
approval, referencing the previous CDD and PEC memos. There was additional brief discussion regarding GRFA.
This item wil! be before Council on November 19, 1991, as Ordinance No. 41, Series of 1991.
Item No. 6 on the agenda was Ordinance No. 43, Series of 1991, first reading, an ordinance amending Chapter 18.04,
Definitions of the Municipal Code of the Town of Vail by the addition of Section 18.04.277, setting forth a definition for
plant products; by the addition of Section 18.04.289, setting forth a definition for "Seasonal Plant Product Business";
amending Section 18.30.030, Heavy Service District Conditional Uses of the Municipal Code of the Town of Vail by
the addition of Paragraph T, Seasonal Plant Product Business, and setting forth details in regard thereto. Mayor Rose
read the title in full. Jill Kammerer explained this ordinance was the result of a request by an individual to sell
Christmas trees in the Heavy Service Zone District. There are currently four Heavy Service Zone District within the
Town, with a gas station located in each. After determination that such sales would not create a problem in any of
these areas, Merv Lapin moved to approve Ordinance No. 43 on first reading, with a second coming from Rob Levine.
Before a vote was taken, Tom Steinberg questioned why the ordinance listed the sale period as two consecutive sixty
day periods. Jill said Larry Eskwith was consulted about this, and he did not see why the sale period could not simply
be listed as 120 days. Jill said she would ask the Planning and Environmental Commission for clarification, and added
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it was likely particular language regarding the time period called out in this ordinance might be changed for second
reading. A vote was taken and the motion passed unanimously, 5-0.
Item No. 7 on the agenda was Ordinance No. 42, Series of 1991, first reading, an ordinance authorizing the issuance
of Town of Vail, Colorado Sales Tax Revenue Bonds, Series 1991; providing the form, terms and conditions of the
bonds, the manner and terms of issuance, the manner of execution, the method of payment and the security therefore;
pledging a portion of the sales tax proceeds of the Town and the net revenues derived from the parking facility for the
payment of said bonds; providing certain covenants and other details and making other provisions concerning the
bonds and the designated sales tax revenues and net revenues; ratifying action previously taken and appertaining
thereto; and repealing all ordinances in conflict therewith. Mayor Rose read the title in full. Steve Barwick said the
purpose of issuing the bonds detailed in this ordinance was to defray the cost of the Town's 1992 capital projects.
He noted the security on these bonds is the first 2% of the Town's sales tax and the Town's net revenues from the
parking structures. The term of the bonds was twenty years, and they would probably be issued on December 30,
1991. The rates of be issue and the discounts for the underwriter were scheduled for discussion at the November 12,
1991, work session when Steve Jeffers would be present. After discussion about pre-payment provisions and the
schedule of principle and interest, Rob Levine moved that Ordinance No. 42 be approved on first reading, with a
second coming from Merv Lapin. A vote was taken and the motion passed unanimously, 5-0.
Item No. 8 on the agenda was Ordinance No. 44, Series of 1991, first reading, an ordinance amending Ordinance No.
29, Series of 1989, relating to the Town of Vail, Colorado Sates Tax Revenue Bonds, Series of 1989. Mayor Rose
read the title in full. Steve Barwick said this ordinance was related to Ordinance No. 42, Series of 1991, in that the
Town could not meet the additional bonds test set up under the 1989 Sales Tax Revenue Bonds ordinance, which
authorized issuance of bonds for the parking structure. He added, that ordinance allowed for amendment if MBIA, the
bond insurer, gave written approval to do so, which MBIA has done. Ordinance No. 44 will amend the 1989 Sales Tax
Revenue Bonds in order to allow the Town to do the 1991 bonds on a parity with the 1989 bonds. Menr Lapin moved
that Ordinance No. 44 be approved on first reading, with a second coming from Tom Steinberg. Before a vote was
taken, Merv asked if there were any conditions put on MBIA in terms of when they can or cannot approve additional
bonds. Larry Eskwith did not believe so. A vote was then taken and the motion passed unanimously, 5-0.
Item No. 9 on the agenda was Resolution No. 21, Series of 1991, a resolution setting a fee in lieu of the dedication
of land for school sites as provided for in Ordinance No. 1, Series of 1991. Mayor Rose read the title in full. Larry
Eskwith explained when questions were raised by Ron Reilly and Peter Jamar about the fee in lieu, it was found the
details for the fee in lieu were not set at the same time the ordinance was set. Larry felt, although not required by the
ordinance, the details should be in writing for the record. The amount set is the same as set by Eagle County. Tom
Steinberg moved that Resolution No. 21 showing either a dedication of land based on number of units x .014495 for
single family (number of units x .002676 for multi-family), or $5,000.00 per acre if land is not dedicated, be approved
on first reading, with a second coming from Lynn Fritzlen. Before a final vote was taken, Lynn Fritzlen expressed
concern about the long term impact of down zoning. Mayor Rose asked if anyone, in this resolution, wanted to provide
consideration for down zoning. Larry felt the ordinance should be called back for amendment if that was to be
considered. A vote was then taken and the motion passed 4-1, Merv Lapin opposed. Merv expressed interest in going
back to the original ordinance and added if there is a down zoning, it not fall under this cash in lieu. Ron Phillips felt
wording should be corrected to clarify technicalities of condominium subdivisions vs. major subdivisions. Down zoning
was actually incentivized by the fee because the fewer units there are, the less the fee is. Larry Eskwith was directed
to pull out that ordinance for review and come back to Council with any suggestions for clarification. Peter Jamar
disagreed with the interpretation being presented, and there was additional discussion about how this related to the
subdivision process. Kent asked this be brought back for discussion at a work session for review.
Item No. 10 on the agenda was a review of the selected artist for the Art in Public Places (AIPP) Vail Transportation
Center Project. Shelly Mello said the AIPP jury met on October 25, 1991, and selected Dan Dailey from three finalists
to develop the specific proposal for this project. Sample drawings and a model of the project were displayed, as well
as presentation of a slide show of some of Mr. bailey's work to emphasize the range of his work. Shelly asked for
a motion to uphold or deny the AIPP jury's selection of Mr. Dailey, explaining Town guidelines requiring Council to
make such approval or denial as is done with all of the pieces of art AIPP approves. She added this request to Council
was for approval of the artist to develop a specific concept only. Kristan added the project was already presented to
Council during budget hearings. Tom Steinberg moved to uphold the jury's selection, with a second coming from Rob
Levine. After discussion regarding the need to fund raise for additional monies for the project, explanations about
grant applications made, and assurance that public input was not being closed and the art selection process would
not discourage more art in public places, a vote was taken and the motion passed unanimously, 5-0.
Item No. 11 on the agenda was appointment of two Local Licensing Authority members. Four applicants, Linda Fried,
Douglas MacRae, Donna Meyer, and Steve Simonett had been interviewed at work session earlier in the day. Ballots
having been reviewed, Lynn Fritzlen moved to appoint Steve Simonett and Linda Fried to the Local Liquor Licensing
Authority, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 5-0.
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There being no further business, Rob Levine moved to adjourn the meeting Sessions at 9:50 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
Minutes taken by Dorianne S. Deto
C:IMINS.115
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MINUTES
VAIL TOWN COUNCIL MEETING
NOVEMBER 19, 1991
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, November 19, 1991, at 7:30 P.M., in the Council
Chambers of the Vail Municipal Building.
MEMBERS PRESENT: Kent Rose, Mayor
Tom Steinberg, Mayor Pro-Tem
Robert Levine
Merv Lapin -
Lynn Fritzlen
Peggy Osterfoss
Jim Gibson
TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager
Larry Eskwith, Town Attorney
The first item on the agenda was Citizen Participation. As this meeting began, votes from the day's regular municipal
election were being counted, and Dan Corcoran and Jay Peterson thanked Merv Lapin, Tom Steinberg, Lynn Fritzlen,
and Mayor Kent Rose for their service on the Town Council. Kent was recognized for his dedication and concern, and
received a standing ovation.
Second on the agenda was a Consent Agenda consisting of three items:
A. Ordinance No. 43, Series of 1991, second reading, an ordinance amending Chapter 18.04,
Definitions, of the Municipal Code of the Town of Vail by the addition of Section 18.04.277, setting
forth a definition for plant products; by the addition of Section 18.04.289, setting forth a definition for
"Seasonal Plant Product Business";amending Section 18.30.030, Heavy Service District Conditional
Uses of the Municipal Code of the Town of Vail by the addition of Paragraph T, Seasonal Plant
Product Business; and setting forth details in regard thereto. (Applicant: Richard Dilling/West Vail
Texaco).
B. Ordinance No. 42, Series of 1991, second reading, an ordinance authorizing the issuance of Town
of Vail, Colorado Sales Tax Revenue Bonds, Series 1991; providing the form, terms and conditions
of the bonds, the manner and terms of issuance, the manner of execution, the method of payment
and the security therefor; pledging a portion of the sales tax proceeds of the Town and the net
revenues derived from the Parking Facility for the payment of said bonds; providing certain
covenants and other details and making other provisions concerning the bonds and the designated
sales tax revenues and net revenues; ratifying action previously taken and appertaining thereto; and
repealing all ordinances in conflict herewith.
C. Ordinance No. 44, Series of 1991, second reading, an ordinance amending Ordinance No. 29,
Series of 1991, relating to the Town of Vail Sales Tax Revenue Bonds, Series of 1989.
Mayor Rose read the titles in full. Menr Lapin moved to approve all items on the Consent Agenda, with a second
coming from Tom Steinberg. A vote was taken and the motion passed unanimously, 7-0.
Item No. 3 on the agenda was Ordinance No. 41, Series of 1991, first reading, an ordinance repealing and reenacting
Ordinance No. 28, Series of 1991, to provide changes to Area A requirements of SDD No. 4 that concern the
development plan for Millrace IV, Scenario I, alk/a Cosgr'rff parcel; and setting forth details in regard thereto. The
applicants were East-West Partners/Commercial Federal 8ank/Cascade Village. Mayor Rose read the title in full.
Shelly Melio advised the ordinance incorporated all changes discussed at the November 5, 1991, evening meeting.
Tom Steinberg moved that Ordinance No. 41 be approved on first reading, with a second coming from Jim Gibson.
Before a final vote was taken, Rob Levine inquired about the two scenarios detailed in the Community Development
Department's memo to Town Council dated November 11, 1991. Shelly and Kristan Pritz advised Scenario 2 was
listed as an alternative should Scenario 1 not be constructed as proposed. Merv asked if staff was satisfied that off-site
landscaping requirements and improvements were realized. Staff felt they were. A vote was taken and the motion
passed unanimously, 7-0.
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Item No. 4 on the agenda was Ordinance No. 46, Series of 1991, first reading, an ordinance amending the Plan
Document of the Town of Vail Employee's Pension Plan; and setting forth details in regard thereto. Mayor Rose read
the title in full. Steve Thompson explained the specifics of this ordinance, including that this ordinance involved a 6%
deduction from seasonal employee's pay which would be put in the pension plan, replacing the end of season bonus.
Merv Lapin asked if employees have a choice as to how the money is invested, and was advised only if they are over
55. Jim Gibson moved to approve Ordinance No. 46 on first reading, with a second coming from Tom Steinberg. A
vote was taken and the motion passed unanimously, 7-0.
Item No. 5 on the agenda was Resolution No. 20, Series of 1991, a resolution authorizing the Town to invest its
surplus funds with other government entities in CENTRUST (formerly JEFFTRUST); and setting forth details in regard
thereto. Mayor Rose read the title in full. Steve Thompson noted he had further researched CENTRUST as Council
had requested at the evening meeting on October 1,1991, when Resolution No. 20 was tabled. After discussion, Tom
Steinberg moved to approve Resolution No. 20, with a second coming from Rob Levine. A vote was taken and the
motion failed 2-5; Jim Gibson, Merv Lapin, Peggy Osterfoss, Kent Rose, and Lynn Fritzlen opposed, feeling the risk
factor was too great.
Item No. 6 on the agenda was Resolution No. 22, Series of 1991, a resolution approving the Streetscape Master Plan
for the Town of Vail; and setting forth details in regard thereto. Mayor Rose read the title in full. Mike Mollica and
Kristan Pritz explained drawings of maps were not included in the distributed November 14, 1991, issue of the
Streetscape Master Plan simply to save on unnecessary reduction and reprinting costs of illustrations which might
require redrafting by the consultant. Joe Macy asked what those costs were. Mike said the work had to be done in
Denver and would run between $200 - $300. Joe Macy asked Resolution No. 22 be tabled until the smaller maps were
included in the plan book and made available to the public, but Kent said the original full size maps were now, and
have been, publicly available long enough for anyone interested to have seen them, and further, there had been a
public site visit. Kristan added the narrative in the plan book fully details everything. Jim Gibson invited citizens to
come into see the full size maps, which he described as more meaningful than the smaller maps, adding a lot is lost
on the smaller maps. After brief speculation about a 15-20 year timeframe for the project, Menr Lapin moved to
approve Resolution No. 22, with a second wming from Tom Steinberg. A vote was taken and the motion passed
unanimously, 7-0.
Item No. 7 on the agenda was action on Council employees' compensation. A 4% increase for the Town Manager
and a 5% increase for the Town Attorney were suggested. Action on compensation for the Municipal Court Judge was
tabled, pending review of additional information. Jim Gibson moved to approve the suggested Town Manager and
Town Attorney increases, with a second coming from Rob Levine. A vote was taken and the motion passed
unanimously, 7-0.
Not on the agenda, but raised for discussion by Menr Lapin was a question about the basis for approving or
disapproving liquor licenses by the Local Licensing Authority. Larry Eskwith advised late payment of sales tax was
basis for revocation of a license, as well as the character of an applicant. Jay Peterson said it was a privilege to
receive a license, and he felt the Local Licensing Authority Council was consistent in approving licenses. Larry said
suspension hearings are held.
There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting
was adjourned at 8:25 p.m.
Respectfully submitted,
Kent R. Rose, Mayor
ATTEST:
Rondall V. Phillips, Town Manager
Minutes taken by Dorianne S. Deto
C:IMINS11.19
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ORDINANCE N0. 41
Series of 1991
AN ORDINANCE REPEALING AND REENACTING ORDINANCE N0. 28, SERIES OF
1991, TO PROVIDE CHANGES TO AREA A REQUIREMENTS FOR SDD N0. 4
THAT CONCERN THE DEVELOPMENT PLAN FOR MILLRACE IV, SCENARIO I,
A/K/A COSGRIFF PARCEL; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, East West Partners and Commercial Federal Bank,
have requested an amendment to the existing Special Development
District No. 4, Area A; and
WHEREAS, the Planning and Environmental Commission has
recommended that certain changes be made to Special Development
District No. 9; 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. 28,
Series of .1991 to provide for such changes in Special Development
District No. 4, Cascade Village.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Ordinance No. 28, Series of 1991, is hereby repealed and
reenacted, as follows:
Section 1. Amendment Procedures Fulfilled. Planning Commission
Report.
The approval procedures described in Chapter 18.40 of the Vail
Municipal Code have been fulfilled, and the Town Council has
received the report of the Planning and Environmental Commission
recommending approval of the proposed development plan for
Special Development District No. 4. Section 2. Special
Development District No. 4 Special Development District No. 4 and
the development plans therefore, are hereby approved for the
development of Special Development District No. 4 within the Town
of Vail. Section 3 Chapter 18.46 Special Development District No.
4, Cascade Village, is hereby repealed and re-enacted with
amendments to read as follows:
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18.4 6 . O10 Purpose ~ ~
Special Development District. No. 4 is established to ensure
comprehensive development and use of an area in a manner
that will be harmonious with the general character of the
Town, provide adequate open space and recreational
amenities, and promote the objectives of the Town of Vail
Comprehensive Plan. Special Development District No. 4 is
created to ensure that the development density will be
relatively low and suitable for the area and the vicinity in
which it is situated, the development is regarded as
complementary to the Town by the Town Council and the
Planning Commission, and because there are significant
aspects of the Special Development District which cannot be
satisfied through the imposition of standard zoning
districts on the area.
18.46.020 Definitions
For the purposes of this chapter, the following definitions
shall apply:
A. "Special attraction" shall be defined as a museum,
seminar or research center or performing arts theater
or cultural center.
B. "Transient residential dwelling unit or restricted
dwelling unit" shall be defined as a dwelling unit
located in a multi-family dwelling that is managed as a
short term rental in which all such units are operated
under a single management providing the occupants
thereof customary hotel services and facilities. A
short term rental shall be deemed to be a rental for a
period of time not to exceed 31 days. Each unit shall
not exceed 645 square feet of GRFA which shall include
a kitchen having a maximum of 35 square feet. The
kitchen shall be designed so that it may be locked and
separated from the rest of the unit in a closet. A
transient dwelling unit shall be accessible from common
corridors, walks, or balconies without passing through
2
D. another accommodation unit, dwelling unit, or 2
transient residential dwelling unit. Should such
units be developed as condominiums, they shall be
restricted as set forth in section 17.26.075--17.26.120
governing condominium conversion. The unit shall not
be used as a permanent residence. Fractional fee
ownership shall not be allowed to be applied to
transient dwelling units. For the purposes of
determining allowable density per acre, transient
residential dwelling units shall be counted as one half
of a dwelling unit. The transient residential dwelling
unit parking requirement shall be 0.4 space per unit
plus 0.1 space per each 100 square feet of GRFA with a
maximum of 1.0 space per unit.
18.46.030 Established
A. Special Development District No. 4 is established for
the development on a parcel of land comprising 97.955
acres as more particularly described in the attached
Exhibit A. Special Development District No. 4 and the
97.955 acres may be referred to as "SDD No. 4"
B. The district shall consist of four separate development
areas, as identified in this ordinance consisting of
the following approximate sizes:
Area Known As Development Area Acreage
Cascade Village A 17.955
Coldstream Condominiums B 4.000
Glen Lyon Duplex Lots C 29.100
Glen Lyon commercial Site D 1.800
Dedicated Open Space 40.400
Roads 4.700
97.955
18.46.040 Development Plan--Required--Approval Procedure
A. Each development area with the exception of Development
Areas A and D shall be subject to a single development
plan. Development Area A shall be allowed to have two
development plans for the Waterford, Cornerstone,
Millrace IV and Cascade Club sites as approved by the
Town Council. Development Area D shall be allowed to
3
develop per the approved phasing plans as approved by
the Town Council. The developer shall have the right to
proceed with the development plans or scenarios as
defined in Section 18.46.103 B-F.
B. Amendments to SDD No. 4 shall comply with the
procedures outlined in Section 18.40.
C. Each phase of development shall require, prior to
issuance of building permits, approval of the Design
Review Board in accordance with applicable provisions
of Chapter 18.52.
18.46.050 Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to
uses listed in 18.24.030 A-C. The "first floor"
or "street level" shall be defined as that floor
of the building that is located at grade or street
level;
2. All other floor levels besides first floor or
street level may include retail, theater,
restaurant, and office except that no professional
or business office shall be located on street
level or first floor (as defined in Section
18.24.030 A of the Town of Vail zoning code in
Area A) unless it is clearly accessory to a lodge
or educational institution except for an office
space having a maximum square footage of 925
square feet located on the first floor on the
northwest corner of the Plaza Conference Center
building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Two-Family dwelling;
7 Transient residential dwelling unit;
4
a
8. Employee dwelling as defined in Section 18.46.220;
9. ,Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1. Two-family dwelling;
2. Multi-family dwelling.
C. Area C. Glen Lvon Duplex Lots
1. Single family dwelling;
2. Two-family dwelling.
D. Area D. Glen Lvon Commercial Site
1. Retail;
2. Restaurant and bar;
3. Business and professional offices;
4. Multi-family dwelling;
5. Employee dwelling as defined in Section 18.46.220.
18.46:060 Conditional Uses
Conditional uses shall be reviewed per the procedures as
outlined in Chapter 18.60 of the Town of Vail zoning code.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to
exceed 4,500 square feet.
2. Fractional fee ownership as defined in the Town of
Vail Municipal Code, Section 18.04.135 shall be a
conditional use for dwelling units in the
Westhaven multi-family dwellings. Fractional fee
ownership shall not be applied to restricted
employee dwelling units or transient residential
dwelling units. Ownership intervals shall not be
less than five weeks.
3. Special attraction;
4. Ski lifts;
5. Public park and recreational facilities;
6. Major arcades with no frontage on any public way,
street, walkway or mall area.
5 ~II
0
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Ski lifts.
C. Ares C, Glen Lvon Duplex Lots
1. Public park and recreational facilities;
2. Ski lifts.
D. Area D, Glen Lvon Commercial Site
1. Micro-brewery as defined in Town of Vail Municipal
code, Section 18.04.253
18.96.070 Accessorv Uses
A. Area A. Cascade Villacre
1. Minor arcade.
2. Home occupations, subject to issuance of a home
occupation permit in accordance with the
provisions of Sections 18.58.130 through
18.58.190.
3. Attached garages or carports, private greenhouses,
swimming pools, tennis courts, patios, or other
recreational facilities customarily incidental to
permitted residential uses.
4. Other uses customarily incidental and accessory to
permitted or conditional uses, and necessary for
the operation thereof.
5. Swimming pools, tennis courts, patios or other
recreational facilities customarily incidental to
permitted or conditional uses, and necessary to
the operation thereof.
B. Area B, Coldstream Condominiums
1. Home occupations, subject to issuance of a home
occupation permit in accordance with the
provisions of Sections 18.58.130 through
18.58.190.
6
2. Attached garages or carports, private greenhouses,
swimming pools, tennis courts, patios, or other
recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to
permitted or conditional uses, and necessary for
the operation thereof.
4. Swimming pools, tennis courts, patios or other
recreational facilities customarily incidental to
permitted or conditional uses,- and necessary to
the operation thereof.
C. Area C, Glen Lvon Duplex Lots
1. Home occupations, subject to issuance of a home
occupation permit in accordance with the
provisions of Sections 18.58.130 through
18.58.190.
2. Attached garages or carports, private greenhouses,
swimming pools, tennis courts, patios, or other
recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to
permitted or conditional uses, and necessary for
the operation thereof.
D. Area D, Glen Lvon Commercial Site
1. Home occupations, subject to issuance of a home
occupation permit in accordance with the
provisions of Sections 18.58.130 through
18.58.190.
2. Attached garages or carports, private greenhouses,
swimming pools, tennis courts, patios, or other
recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to
permitted or conditional uses, and necessary for
the operation thereof.
7
4. Minor arcade.
18.46.080 Location of Business Activity
A. All offices, businesses, and services permitted by
Sections 18.46.050 through 18.46.070 shall, be operated
and conducted entirely within a building, except for
permitted unenclosed parking or loading areas, and the
outdoor display of goods.
B. The area to be used for outdoor display must be located
directly in front of the establishment displaying the
goods and entirely upon the establishment's own
property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by
outdoor display.
18.46.090 Density--Dwelling Units
The number of dwelling units shall not exceed the following:
A. ,Area A, Cascade Village
Two hundred eighty-three point five (283.5) dwelling
units, with a minimum of three hundred thirty-eight
(338) accommodation units or transient residential
dwelling units and a maximum of ninety-seven (97)
dwelling units as defined by the table in Section
18.46.103 A-D.
B. Area B, Coldstream Condominiums
Sixty-five (65) dwelling units
C. Area C. Glen Lvon Duplex Lots
One-hundred four (104) dwelling units.
D. Area D. Glen Lvon Commercial Site
Three dwelling units, two of which shall be employee
dwelling units as defined by the table in Section
18.96.103F.
18.46.100 Density--Floor Area
A. Area A, Cascade Village
The gross residential floor area (GRFA) for all
buildings shall not exceed ~&3,9~-5 288,695 square feet:
except that the total maximum GRFA shall not exceed
8
- 292,245 square feet if Millrace IV Scenario 2 (32
A.U.'s) is constructed.
B. Area B, Coldstream Condominiums
Sixty-five thousand square feet (65,000 s.f.) GRFA.
C. Area C, Glen Lvon Duplex Lots
GRFA shall be calculated for each lot per Section
18.13.080 density control A and B for the
Primary/Secondary district of the Town of Vail
municipal code.
D. Area D, Glen Lvon Commercial Site
The gross residential floor area for the two employee
dwelling units shall be 795 square feet and 900 square
feet respectively. The gross residential floor area
for the free market dwelling unit shall be 1,630 square
feet.
18.46.102.Commercial Sctuare Footage
A. Area A, Cascade Village
Area A shall not exceed 56,538 square feet of
commercial area. Commercial uses include retail,
office, theater, restaurant, uses listed in Section
18.46.050 A-1, and the special attraction use.
B. Area D, Glen Lvon Commercial Site
Area D shall not exceed 16,730 square feet of office
for Phase I, IA & II or 15,584 square feet of office
for Phase III per the approved development plans. The
micro-brewery and associated uses shall be constructed
per the approved development plan.
18.46.103 Development Statistics for Area A. Cascade Village, and
Area D, Glen Lvon Commercial Site
9
Area A Completed Projects ~ ? _
_ _
,
RetaiU On-Site Cascade Structure
AUs DUs I _GRFA I Commercial Square Feet Parkin I Parkins ~ _
MILLRACE I ~ I 16 I 20,000 ~ 28 I 0
MILLRACE II I I 14 I 17,`x34 I I I 25 I 0
W ESTIN 148 I 55,457 I 0 115
Alfredo's I 104 Seats I 0 0
Cafe 74 Seats 0 0
Little Shop 1,250 0 0
Pepi Sports I I 2.436 ~ 0 0
W& H Smith, Vaurnet I 900 I 0
CMC BUILDING
Cascade Wing 8 15,870 0 16
Clancy's 1,600 0 13.3
Theater 4,220 28
College Classrooms I 4,792 0 40
College Office 954 0 4
Meeting Room 2J I 1,387 0 6
TERRACE WING I ~ I
Rooms 120 58,069 ! 0 105
Retail 5,856 I 0 20
PLAZA 1
Rooms 20 7,205 0 16
Retail I 1,099 0 4
PLAZA II
Conference 8,297 0 35
Retail 925 0 3
CASCADE CLUB ~
Retail 300 0 1
Bar & Restaurant 672 0 5.6
Office in CMC 828 0 3
Wellness Center _ _ _ _ 1 386 0 7
TOTALS 288 r 38 ~ 174,135 17,786 ~ 53 I 422
10
_ ~ _
` ~ Area A Proposed Pro,ects
1Jn-5de t,;asCet7e/Watertort7
1. CORNERSTONE AU orTR I DU I GRFA I Commercial I Seats I Square Festl Parking I Structured Perking
- nets ~ SflfiF~ 28,11 48.1 (av. room 561 sq.
ft. @ .962 space/room
Accessory Ski Retail 2,190 7.3
Restaurant 3,000 147 18.4
Hotel Access 2,465 82 10.3
Restaurant and Bar
Office 4,850 19.4
Conference Room 1,725 72
Hotel Retail 285 0
Scenario 1 Retail 1 - 13,250 442
or or ~ or
Scenario 2 Retail 2 - 16,275 54.3
Access Ski
Restrooms
Ski School 7,140 0
Lift Tickets
AL S ~ 50 1 H I 28,110 I 2 - 29 065 229 81365 2 166 9
th1-Srte l:ascede/Watertord
2. WATERFORD I AU or TR DU ~ GRFA I Commercial Seats I Square Feet) Parklns I Structured Parking
nits
Scenario 1 30 60
or 47,500 or
Scenario 2 75 TR 75
Retail 3.800 12.7
T~l1L5 1 - 75 4 ,500 3,800 1 - 2.
a
2-30 DU I 2-87.7
3. Westheven On-Silo tascade/Wetertord
Condos I AU or TR DU 1 GRFA I Commercial I Seats I Square Feet I Parkins I Structured Parking
units 2 22,500
Employee Units (Max k) 10 6.400 ~ I 20
~ I 20 22.500 60
Un-Site l:ascede/Waterford
4. Millrace III AU or TR DU GRFA I Commerelei Seats I Square Feet I Parklng I Structured Parkin
rnis ~ I 3 6.000 I I I I 6 I
IUtAL I I 3UU I 6,W0 I T- I I 6 I
On•Site Cascade/Wetertord
5. Millrace IV AU or TR DU GRFA Commercial Seats Sauere Feet Perking Structured Perk(nq
nns
Scenario 1 6 10,450""' 19
or or
Scenario 2 32 AU 14000 _ 26.8
TOTALS
Scenario 1 6 DU 10,450""' 19
Scenario 2 32 AU 14,000 26.8
6. Cascade Club On-Site Cescade/Wetertord
Addition AU or TR DU GRFA Commercial Seats Ssuare Feet Perkins Structured Parkins
~cenano 1
(Wellness Center) 4,500 22.5
or
Scenario 2
(Gymnasium) 4.500 0
A S
Scenario 1 4,500 22.5
Scenario 2 4.500
7. Room 2J Conference On-Site Cascade/Watertord
Converted to Theeter I AU or TR DU I ___GRFA Commerelei1 _Seats__~_
Square F_ e_et I Parking ~ Structured Parking
I I I I 1.387 I I -f- I ss
AL 1.387 5.5
Un-Site f;ascadeNVetertoM
8. Plaza Office AU or TR DU GRFA Commercial Seats Square Feet ~ Parking I Structured Parkinq~
I I 925 I .7
MAXIMUMS I 1101.5 DU 118,110 38,752 I 13,365. I 69 Minimum I 235 Minilmum
• F~ployee ttaib shall oat count toward demity or GRFA for the purpose o[this SDD. .
• • Roan 7J hu tlready heea counted u coafaeme apace parking. The new pul®g teq~,t»^~-^t u 6asd m tAe QiHefem , . ~ eaaEeasot: and theater pa:lcing mgaheme~a.
Plus •P+¢ hoe wTady been w~attee for ¦ ratan puking req~,~T^-^t. The aw parking tequvemeat u Iraed on the difierraoe 1. ~ . the retail sad office puking tequ:,.,..,-.._.
Tool figures represm highest demity and commercial aoenuiaa.
• For the purpoeee of calculating GRFA fa the Caagriff Numl (Millnoe IV), no aedlta shill he given except for 300 aq. ft to be allowed for earb e>rlosed parking apace, per Section 18.46.210(C~(Sxi).
IL
Total Project Development
Completed and Proposed for Area A -
I
,
I DU I GRFA I Commerclall Parkilnq Structured Park nrq
Maximum" Minimum"'
Completed Projects I 182.0 - 174,135 17,786 I 53 I 422 l 422
Proposed Protects' 1 101.5 118,110 38,752 66 310 I 235
otal Development
at Build-0ut 283.5 292,245 56,538 119 Minimum 732 Maximum with 657 Minimum with
17.5% Mixed Use 17.5% Mixed Use
Credit = 604 spaces Credit =543 spaces
421 spaces in 421 spaces in
Cascade Structure and Cascade Structure and
183 spaces in 122 spaces in
Waterford Structure Waterford Structure
' Total figures represent highest density and commercial scenarios.
" Maximum parking structure requirement assumes Cornerstone Scenario 2, Waterford Scenario 2, Millrace IV Scenario 2,
and Cascade Club Scenario 1
Minimum parking structure requirement assumes Cornerstone Scenario 1, Waterford Scenario 1, Millrace IV Scenario 1,
and Cascade Club Scenario 1
Total Project Minmum AU or TRs
and Maximum DUs for Area A
AU or TR
Completed Projects 288 AU 38
Proposed Projects 50 TR 59
Total 338 97
12
E. • Development Controls
Area Units GRFA
(Acres) 16 DU/Acre (.35)
Original Parcel 15.68 252.00 256,437
Robbins Parcel 1.23 19.68 18,752
Cosgriff Parcel 1.095 16.7.~L 15.932
17.955 288.40 291,121
F. DEVELOPMENT FOR AREA D, GLEN LYON COMMERCIAL SITE
SDD #9, AREA D
DEVELOPMENT SQUARE FOOTAGE
AND PARKING PER TOWN OF VAIL REQUIREMENTS
FEBRUARY 26, 1990
PHASE Ia PHASE I,Ia ~ II PHASE I,Ia,II AND III
DEVELOPMENT DEVELOPMENT DEVELOPMENT
Sq.Ft./Parking Sq.Ft. / Parking Sq.Ft. / Parking
Glen Lyon
Office Bldg.
(Existing) 10,150 40.6 10,150 40.6 10,150 90.6
PHASE IA
Glen Lyon
Office Bldg. 900 1.6 400 1.6 400 1.6 •
PHASE I
Glen Lyon
Bldg.
- Office 0 2,900 9.6 2,900 9.6
PHASE I I ,
Micro-Brewery
-Office 0 3,780 15.1 2,639 10.5
-Reception/
Museum 0 980 0.0 480 0.0
-Retail 0 175 .6 885 3.0
-Fermentation/
Brewhouse 0 970 0.0 1,406 0.0
-Beer Hall 0 1,700 18.8* 1,700 18.8*
(150 seats) (150 seats)
-Brew Pub 0 1,380 10.0* 1,380 10.0*
(80 seats) (80 seats)
SUBTOTAL 10,550 92.2 21,435 96.3 21,435 94.1
PHASE III
East Building ` '
-2 Employee
Units 0 0 0.0 I 1,695 i 9.0
-1 Dwelling '
Unit 0 0 0.0 1,630 ~ 2.0
-Office 0 0 ~ 0.0 2,400 9.6
SUBTOTAL 0 0 0.0 ~ 3,325 '15.6
i
TOTAL COMMERCIAL AND RESIDENTIAL
SQUARE FOOTAGE AND PARKING:
21,435 96.3 ! 29,760 110.0
*USED HIGHEST PARKING REQ. POSSIBLE BASED ON~SEATING
13 !
18.46.104 Development Plans
Site specific development plans are approved for Area A and
Area D. The development plans for Area A are comprised of
those plans submitted by Vail Ventures, Ltd. and other
developers. The development plans for Area D are comprised
of those plans submitted by the Glen Lyon Office Building, a
Colorado Partnership. The following documents comprise the
development plan for each area:
1. Cascade Village Master Plan and Building Height, Roma,
10/10%88.
2. Waterford and Cornerstone Floor Plans, Roma, 10/10/88,
p 1-9.
3. Waterford and Cornerstone Sections, Roma, 10/10/88.
4. Waterford Landscape Plan, Roma, 10/10/88.
5. Waterford Summer Solstice, Roma, 10/10/88.
6. Waterford Site Plan, Roma, 10/10/88.
7. Waterford Elevations, Roma, 10/10/88.
8. Waterford Winter Solstice, Roma, 10/10/88.
9. Waterford East Elevation Height Analysis, Roma,
9/28/88.
10. Cornerstone Site plan, Roma, 10/10/88.
11. Cornerstone Elevations, Roma, 10/10/88, p. 1-3.
12. Cornerstone Sun/Shade, 10/10/88.
13. Cascade Entry Rendering, Roma, 10/10/88.
14. Cascade Club Addition Site Plan, Roma, 10/10/88.
15. Cascade Club Floor Plan, Roma, 10/10/88.
16. Millrace IV, Scenario 2 (32 A.U.'s) Plan, Roma,
10/10/88.
17. Millrace IV, Scenario 2 (32 A.U.'s) Floor Plans, Roma,
10/10/88.
18. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site
Plan, Arnold Gwathmey Pratt, 10/28/91.
19. Millrace IV, Scenario I, a/k/a Cosgriff Parcel,
Elevations Arnold Gwathmey Pratt, 10/22/91.
20. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor
Plans Arnold Gwathmey Pratt, 10/23/91.
14
21. Millrace IV, Scenario I, a/k/a Cosgriff Parcel,
Landscape Plan, Dennis Anderson Associates.
22. Cosgriff Parcel, Survey, Alpine Engineering, Inc.,
10/31/91 stamped.
23. Survey, a part of Cascade Village, Eagle Valley
Engineering, Leland Lechner, 6/8/87.
24. Site Coverage Analysis, Eagle Valley Engineering,
10/10/88.
25. Cascade Village Special Development District
Amendment and Environmental Impact Report: Peter Jamar
Associates, Inc., Revised 11/22/88.
Area D, Glen Lvon Commercial Site
1. Area D Master Site Plan, Geodesign by Sherry Dorward,
2/22/90.
2. .Landscape Plan for Area D, Geodesign by Sherry Dorward,
2/22/90.
3. Area D elevations, Geodesign by Sherry Dorward, 2/9/90.
9. Vail Micro-brewery, Seracuse, Lawler, and Partners,
Denver, CO., sheets A2.1, A2.2, A2.3, A3.1, A3.2, A4.1,
A4.2, dated 1/8/90 and sheet A2.4 dated 12/13/89.
5. Vail Brewery Roof Study, Frank Freyer, 1/8/90.
6. Glen Lyon Parking Garage Floor Plans and Site Plan,
Roma, 11/28/88.
7. Glen Lyon Parking Garage Sections/Elevations, Roma,
11/28/88.
8. Glen Lyon Condominium, Roma, 11/28/88.
9. Glen Lyon Condominium East Building, Roma, 11/28/88.
10. Deck Enclosure (Phase IA) to Glen Lyon Office Building,
Pierce, Segerberg and Spaeh, dated 9/20/90.
11. Landscape Plan, Phase IA Deck Enclosure, Pierce,
Segerberg and Spaeh, dated 8/19/91.
12. Office Addition to Glen Lyon Office Building, Buff
Arnold/Ned Gwathmey Architects August 25, 1989 Sheets
Al through A4.
15
13. Cascade Village Special Development District Amendment
and Environmental Impact Report: Peter Jamar
Associates, Inc., Revised 11/22/88. Letter from Peter
Jamar Associates, Inc., dated January 16, 1990.
14. Deceleration lane design for South Frontage Road, RBD,
October 18, 1988 as approved by Co. Div. of Hgwys.
15. A resubdivision of Lot 54 amended plat Glen Lyon Sub-
division, Eagle Valley Surveying Inc. as approved by
T.O.V.
16. Vail Brewery Parking Analysis, TDA Colorado, Inc.,
August 10, 1988 and Vail Brewery Parking Analysis
Update, TBA Colorado, Inc., January 16, 1990 pages
1-8.
18.46.110 Development Standards
The development standards set out in Sections 18.46.120
through 18.46.180 are approved by the Town Council. These
standards shall be incorporated into the approved
development plan pertinent to each development area to
protect the integrity of the development of SDD No. 4. They
are minimum development standards and shall apply unless
more restrictive standards are incorporated in the approved
development plan which is adopted by the Town Council.
18.46.120 Setbacks
A. Area A, Cascade Village
Required setbacks shall be as indicated in each
development plan with a minimum setback on the
periphery of the property of not less than twenty feet,
with the exception that the setback requirement
adjacent to the existing Cascade parking
structure/athletic club building shall be two feet as
approved on February 8, 1982, by the Planning and
Environmental Commission. All buildings shall maintain
a 50 foot stream setback from Gore Creek. The
Waterford and Cornerstone buildings shall maintain a 20
foot setback from the north edge of the recreational
path along Gore Creek.
16
B. Area B, Coldstream Condominiums
Required setbacks shall be as indicated on the
development plan.
C. Area C. Glen Lvon Duplex Lots
Required setbacks shall be governed by Section
18.13.060 Setbacks of the Primary/Secondary zone
district of the Town of Vail Municipal Code.
D. Area D. Glen Lvon Commercial Site
Required setbacks shall be as indicated on the approved
development plans.
18.46.140 Height
A. For the purposes of SDD No. 4 calculations of height,
height shall mean the distance measured vertically from
the existing grade or finished grade (whichever is more
restrictive), at any given point to the top of a flat
roof, or mansard roof, or to the highest ridge line of
a sloping roof unless otherwise specified in approved
development plan drawings.
B. Area A, Cascade Village
1. The maximum height for the Westin Hotel, CMC
Learning Center, Terrace Wing, Plaza Conference
Building and Cascade Parking Structure/Athletic
Club is 71 feet.
2. Cornerstone Building: Maximum height of 71 feet.
3. Waterford Building: Maximum height of 48 feet as
measured from finished grade to any portion of the
roof along the north elevation (South Frontage
Road) and west elevation (Westhaven Drive). A
maximum height of 40 feet as measured from the
lowest floor of the parking structure to the roof
eave is approved for the south and east building
elevations. A maximum height of 61 feet as
measured from the lowest floor of the parking
structure to the roof ridge is approved for the
south and east building elevations.
17
4. westhaven Building: A maximum of 55 feet.
5. Millrace III: A maximum of 48 feet.
. 6. Millrace IV: A maximum of ~ 34 feet.
7. Cascade Club Addition: A maximum of 26 feet.
8. Cascade Entry Tower: A maximum of 36 feet.
9. The remainder of buildings in Area A shall have a
maximum height of 48 feet.
C. Area B. Coldstream Condominiums
The maximum height shall be 48 feet.
D. Area C. Glen Lvon Duplex Lots
The maximum height shall be 33 feet for a sloping roof
and 30 feet for a flat or mansard roof.
E. Area D. Glen Lvon Commercial Site
510 of the roof shall have a height between 32 and 40
feet. 490 of the roof area shall have a height under 32
.feet. On the perimeter of the buildings for Area D,
height is measured from finished grade up to any point
of the roof. On the interior area of any building,
height is measured from existing grade up to the
highest point of the roof. Development plan drawings
shall constitute the height allowances for Area D.
18.46.160 Coverage
In Areas A and B, no more than 350 of the total site area
shall be covered by buildings, provided, if any portion of
the area is developed as an institutional or educational
center, 450 of the area may be covered. In Area C, no more
than 250 of the total site area shall be covered by
buildings, unless the more restrictive standards of Chapter
18.69 of the Vail Municipal Code apply. In Area D, no more
than 370 of the total site area shall be covered by
buildings and the parking structure.
18.46.170 Landscaping
At least the following percentages of the total development
area shall be landscaped as provided in the development
plan. This shall include retention of natural landscape, if
18
appropriate. Areas A and B, fifty percent, and in Areas C
and D, sixty percent, of the area shall be landscaped.
18.46.180 Parking and Loading
A. Area A, Cascade Village
1. Off-street parking shall be provided in accordance
with Chapter 18.52, except that 75% of the
required parking in Area A shall be located within
a parking structure or buildings with the
exception of Millrace IV, Scenario I, where 66.6
of required parking shall be enclosed in a
building. If the development table in Section
18.46.103 is amended, the parking requirements
shall be amended accordingly.
2. There shall be a total of 421 spaces in the main
Cascade Club parking structure and a minimum of
122 underground spaces in the Waterford structure.
3. The Cascade and Waterford parking structures shall
be considered to be one parking structure for the
purposes of calculating the mixed-use credit for
parking spaces. Both parking structures shall be
managed as one entity. A 17.5 percent mixed-use
credit per the Town of Vail parking code, Section
18.52.20 has been applied to the total number of
required parking spaces combined in the Cascade
and Waterford structures. Alternative development
plans or scenarios which require additional
structured parking shall require an expansion of
the Waterford parking structure below ground
level.
4. The third floor of the Cascade parking structure
shall not be used to meet any parking requirements
for accommodation units, transient residential
dwelling units, employee dwelling units or
dwelling units.
19
5. Phasing: All required parking for Cornerstone,
Waterford, Millrace IV Scenario 2 (32 A.U.'s), and
the Cascade Club Wellness Center Addition Scenario
1 shall be provided in the Cascade or Waterford
parking structures. At the time a building permit
application is submitted to the Town of Vail
Community Development Department for the Waterford
building and parking structure, the developer
shall be required to make a final decision as to
which development scenarios shall be used for the
Cornerstone, Waterford, Millrace IV and the
Cascade Club addition. A temporary certificate of
occupancy shall not be released for any portion of
the Cornerstone, Waterford, Millrace IV Scenario 2
(32 A.U.'s) or Cascade Club Wellness addition,
Scenario 1 which relies on required parking being
provided in the Waterford parking structure until
the Waterford parking structure has received a
temporary certificate of occupancy from the Town
of Vail Building Department.
6. Seventy-five percent of the required parking shall
be located within the main building or buildings
and hidden from public view from adjoining
properties within a landscaped berm for Westhaven
Condominiums, and Millrace III, a:~d--~lillra~~ I~=
.~',~~.:~3ri~. 1.
7. All loading and delivery shall be located within
buildings or as approved in the development plan.
B. Area B. Coldstream Condominiums
Fifty percent of the required parking shall be located
within the main building or buildings and hidden from
public view from adjoining properties within a
landscaped berm.
20
C. Area C. Glen Lvon Duplex Lots
Off-street parking shall be provided in accordance with
Chapter 18.52.
D. Area D, Glen Lvon Commercial Site
1. Phase I, IA and II shall include 80 surface
parking spaces plus 6 valet parking spaces on the
east end of the surface parking lot. Phase IA
shall include 2 additional required parking spaces
for a total of 43 required parking spaces.
2. Phase III shall include a minimum of 108 parking
spaces. A minimum of 100 spaces shall be located
in the parking structure. All required parking
for the east building shall be provided on-site
per Town of Vail parking requirements per Section
18.52.100 for residential and office use. A
minimum of eleven spaces shall be located in the
garage of the east building and a maximum of 5
surface spaces shall be located adjacent to the
east building.
3. Area D development shall meet the operational
requirements outlined in the TDA Colorado Inc.
Report, Section Parking Analysis Considerations,
January 16, 1990. Parking Analysis Considerations
pages 1-B.
4. Valet parking shall be prohibited on the west end
of the surface parking lot.
5. The Brew Pub shall not be open to the public until
after 4:30 p.m. for Phase I and II Monday through
Friday. When Phase III development occurs
including the parking structure, the brew pub may
operate during the weekdays once the parking
structure is available for public use.
6. The Beer Hall shall not operate or be used by the
public before 4:30 p.m, on weekdays, Monday
through Friday at any time.
21
7. Once the parking structure is constructed, the
parking and access to Area D shall be managed per
the TDA Parking Report, Parking Management
Section, pages"6 and 7, August 10, 1988, and TDA
Report, Vail Brewery Parking Analysis Update,
dated January 16, 1990, both written by Mr. David
Leahy.
8. No loading or delivery of goods shall be allowed
on the public right-of-way along the South
Frontage Road adjacent to the Area D development.
9. The owner of the property and brewery management
shall prohibit semi-truck and trailer truck
traffic to the Glen Lyon Commercial site. The
only truck loading that shall be allowed to the
site shall be vans having a maximum length of 22
" feet.
18.96.190 Recreation Amenities Tax Assessed
The recreational amenities tax due for the development
within SDD No. 4 under Chapter 3.20 shall be assessed at a
rate not to exceed twenty-five cents per square foot of the
floor area in Development Area A; and at a rate not to
exceed fifty cents per square foot of GRFA in Development
Area B; and at a rate not to exceed fifteen cents per square
foot of GRFA in Development Area C; and at a rate not to
exceed seventy-five cents per square foot of floor area in
Development Area D; and shall be paid in conjunction with
each construction phase prior to the issuance of building
permits.
18.46.200 Conservation and Pollution Controls
A. The developer's drainage plan shall include a provision
for prevention of pollution from surface runoff.
B. The developer shall include in the building
construction, energy and water conservation controls as
general technology exists at the time of construction.
22
C. The number of fireplaces permitted shall be as set
forth in Section 8.28.030 of the Town of Vail Municipal
as amended.
D. If fireplaces are provided within the development, they
must be heat efficient through the use of glass
enclosures and heat circulating devices as technology
exists at the time of development.
E. All water features within Development Area A shall have
overflow storm drains per the recommendation of the
Environmental Impact Report by Jamar Associates on Page
34.
F. All parking structures shall have pollution control
devices to prevent oil and dirt from draining into Gore
Creek.
G. In Area D, a manhole on the brewery service line shall
be provided so that the Upper Eagle Valley Consolidated
.Sanitation District may monitor BOD strength.
H. In Area D, the brewery management shall not operate the
brewery process during temperature inversions. It
shall be the brewery owner's responsibility to monitor
inversions.
I. All trash compactors and trash storage areas shall be
completely enclosed within Special Development District
4.
J. Protective measures shall be used during construction
to prevent soil erosion into Gore Creek, particularly
when construction occurs in Areas A and D.
K. The two employee dwelling units in Area D shall only be
allowed to have gas fireplaces that meet the Town of
Vail ordinances governing fireplaces.
18.46.210 Additional Amenities and Conditions of Approval for
Special Development District No. 4.
A. The developer shall provide or work with the Town to
provide adequate private transportation services to the
owners and guests so as to transport them from the
23
development to the Village Core area and Lionshead area
as outlined in the approved development plan.
B. Developer shall provide in its approved development
plan a bus shelter of a design and location mutually
agreeable to developer and Town Council. Said shelter
to serve the area generally.
C. Area A, Cascade Village
1. The developer shall be responsible for providing a
break-away bollard for the emergency access road
between Eagle Pointe/Park Meadows, 1472 Matterhorn
Circle, and Westhaven Drive. The design of the
bollard shall he mutually acceptable to the
developer and Town of Vail. This improvement
shall be constructed when a building permit is
requested for the Cornerstone, Millrace III,
Millrace IV, Westhaven Condominiums, Waterford
buildings, or Cascade Club addition. The bollard
shall be included in the permit plans. The
bollard shall be constructed subsequent to the
issuance of a building permit and prior to the
issuance of a temporary certificate of occupancy
for the Cornerstone, Millrace III, Millrace IV,
Westhaven Condominiums, Waterford buildings, or
Cascade Club addition.
2. The developer shall construct a sidewalk that
begins at the entrance to the Cascade Club along
Westhaven Drive and extends to the west in front
of the Westhaven building to connect with the
recreational path to Donovan Park. The walk shall
be constructed when a building permit is requested
for Westhaven Condominiums. The sidewalk shall be
part of the building permit plans. The sidewalk
shall be constructed subsequent to the issuance of
24
a building permit and prior to the issuance of a
temporary certificate of occupancy for Westhaven
Condominiums.
3. The developer shall provide 100-year floodplain
information for the area adjacent to the Waterford
and Cornerstone buildings to the Town of Vail
Community Development Department before building
permits are released for either project.
4. The conditions for Area A in Sections 18.46.020 B,
18.46.180 A. 1-7, 18.46.200 A - F, I, J, 18.46.210
C, 1-3, and 18.46.220 shall be set forth in
restrictive covenants subject to the approval of
the Town Attorney and once so approved shall be
recorded on the land records of Eagle County. The
developer shall be responsible for submitting the
written conditions to the Town Attorney for
approval before a building permit is requested for
the Cornerstone, Millrace III, Millrace IV,
Westhaven Condominiums, Waterford buildings, or
Cascade Club Addition.
5. Millrace IV, Scenario Z.
a. The developer shall obtain an easement from
the owners of the property adjacent to the
eastern boundary of the property commonly
called the Cosgriff Parcel, which is more
specifically defined in Exhibit A, attached
to this ordinance and incorporated herein by
reference. The easements shall be sufficient
to permit the construction, maintenance and
replacement of retaining walls for the
purposes of grading and boulder retention all
along the western property line of said
adjacent property. The easement shall be in
a fozZn acceptable to the Town Attorney, shall
run with the land, and shall be recorded on
25
the land records of Eagle County prior to .
Design Review Board review.
b. The developer shall provide the Community
Development Department of the Town with
written consent from the IIpper Eagle Valley
Water and Sanitation District permitting the
encroachment of certain decks specified in
the development plan for the Millrace IV
condominiums, as set forth in q 18.46.140(18)
of this ordinance into their sewer easement
recorded in Book 217, Page 428 of the land
records of Eagle County. This consent shall
be submitted prior to Design Review Board
review.
c. The developer shall receive final approval of
the site grading plan for the construction of
Millrace IV, Scenario I, from the Town
Engineer prior to Design Review Board review.
d. The Millrace Condominium Map, recorded at
Book 326, page 257, of the land records of
Eagle County shall be amended so that the
access easement shown thereon shall align
with the present location of the roadway on
the western property line of the Cosgriff
Parcel, and the amendment shall be recorded
on the land records of Eagle County.
e. The developer shall install 15 (6'-10')
evergreens south of the South Frontage Road
adjacent to the Cascade Club building, and 5
(6'-10') evergreens to the south of the
Westhaven Apartment foundations and north of
Westhaven Drive, The developer shall obtain
the written approval of the Colorado
Department of Highways (CDOH) permitting the
installation of these trees along the South
26
Frontage Road prior to said installation. If
CDOH approval cannot be obtained, then a
minimum of 10 (6'-10') evergreens shall be
installed adjacent to the Westhaven
Apartments.
f. The developer shall apply for and complete
the minor subdivision process for the
Cosgriff Parcel and a subdivision plat signed
by the Town of Vail shall be recorded on the
land records of Eagle County prior to the
release of any building permits for the
construction of any structure on the Cosgriff
Parcel.
g. Landscaping along the south and west property
lines of the Cosgriff Parcel shall be
reviewed by the Design Review Board to insure
a suitable buffer area between it and the
other properties along said property lines.
h. The Design Review Board shall review the
architecture and landscape plan further for
compatibility with the surrounding area.
i. The developer and the adjacent property
owners shall submit a landscape plan for the
area north of the Cosgriff property to the
Design Review Board for review.
j. For purposes of calculating Gross Residential
Floor Area permitted on the Cosgriff Parcel,
no credits o£ any kind (overlapping stairs,
mechanical, etc.), except for 300 sq. ft. to
be allowed for each enclosed parking space,
shall be given.
D. Area D, Glen Lyon Commercial Site.
1. The developer shall agree to construct a bus
lane per Town of Vail standards in the area of the
porte-cochere of the Micro-brewery in Area D. The
27
specific location for the bus lane shall be
mutually agreed to by the Area D owner and/or
developer, Colorado Division of Highways, and Town
of Vail. The bus lane shall be constructed
subsequent to the issuance of a building permit
and prior to the issuance of a temporary
certificate of occupancy for either the brewery
addition, office expansion excluding Phase IA,
east office building, or parking structure. The
developer and/or owners of area D shall be
responsible for maintaining the new bus lane,
including snow removal. If the lane is not
maintained properly or snow removal is not
adequate, the Town will not provide bus service to
the site.
~2. The developer shall relocate the existing bike
path on Area D and provide a new bike path
easement across the Glen Lyon property and CDOH
property per the development plan for Area D.
The bike path shall be constructed per Town of
Vail standards. The bike path shall be
constructed subsequent to the issuance of a
building permit and prior to the issuance of a
temporary certificate of occupancy for either the
brewery addition, office expansion excluding Phase
IA, east office building, or parking structure.
Such temporary certificate of occupancies shall be
conditional upon construction of the bike path
provided for herein. The bike path easement shall
be replatted and approval obtained from the Town
Council prior to the issuance of a temporary
certificate of occupancy for either the Brewery
addition, office expansion excluding Phase IA,
east office building or parking structure.
3. The developer shall underground the electrical
28
utilities along the north side of the Glen Lyon
property from the northwest corner of the property
to the northeast corner of the property. This
utility work shall be constructed subsequent to
the issuance of a building permit and prior to the
issuance of a temporary certificate of occupancy
for either the Brewery addition, office expansion,
excluding Phase IA east office building or parking
structure.
4. The developer shall be responsible for relocating
the 20 foot utility easement on the western
portion of Development Area D as well as obtaining
approval from the Town of Vail for the relocated
utility easement before a building permit is
released for the micro-brewery addition.
.5. The developer of the Glen Lyon Office property
shall not file any remonstrance or protest against
the formation of a local improvement district of
other financing mechanism approved by the Vail
Town Council which may be established for the
purpose of building road improvements for the
South Frontage Road.
6. The developer shall provide a fire hydrant per
Town of Vail Fire Department requirements on the
northwest portion of the property. The specific
location for the fire hydrant shall be approved by
the Vail Fire Department. The fire hydrant shall
be provided subsequent to the issuance of a
building permit and prior to the issuance of a
temporary certificate of occupancy for the brewery
addition, office expansion excluding Phase IA,
east office building, or parking structure.
7. The Developer shall construct a deceleration lane
along South Frontage Road per the CDOH access
permit. The developer shall submit plans for the
29
South Frontage Road improvements to the Town of
Vail Engineer for review and approval before a
building permit is released for either Phase I
excluding Phase IA, II, or III construction.
8. The conditions for Area D in Sections 18.46.1$0 D,
18,46.200 A, B, F - K, 18.46.210 D, 1-7, and
18.46.220 shall be set forth in restrictive
covenants subject to the appraval of the Town
Attorney and once so approved shall be recorded on
the land records of Eagle County. The developer
shall be responsible for submitting the written
conditions to the Town Attorney for approval
before a building permit shall be issued for the
Micro-brewery, office expansion excluding Phase
IA, east office building, or parking structure.
9. The minor subdivision for Area D shall be
developed per the following conditions:
a. The development of parcels A, B, C, and D,
shall be limited to the SDD No. 4 development
plan and governed by the SDD No. 4 ordinance
as approved by the Town of Vail and on file
with the Department of Community Development
or as amended and approved by the Community
Development Department, Planning and
Environmental Commission, and/or the Vail
Town Council.
b. The minor subdivision plat shall include a
statement that development of the four
parcels shall be governed by the approved SDD
4 development plan for area D and governing
ordinances.
c. The Community Development Department and
Town of Vail Attorney shall have the right to
review and require changes in any "Agreements
of Tenants in Common", "Conveyance of
30
Easement and Party wall Agreements", and any
other easement or ownership agreements
related to the development of parcels A, B,
C, and D to ensure that the four parcels are
developed per the approved development plan
in SDD No. 4 Ordinance.
d. The developer shall be responsible for
replatting the 20 foot utility easement on
the western portion of development Area D as
well as obtaining approval from the Town of
Vail for the new utility easement before the
minor subdivision plat is recorded. Any
modifications or amendments to the minor
subdivision conditions of approval agreement
shall be reviewed as a major amendment under
the procedures outlined in Section 18.40 of
the Town of Vail Zoning Code.
e. The conditions for the minor subdivision in
Section 18.46.210 (D9) A, B, C, and E, shall
be set forth in restrictive covenants
subject to the approval of the Town Attorney
and once so approved shall be recorded on the
land records of Eagle County. The developer
shall be responsible for submitting the
written conditions to the Town Attorney
before the minor subdivision is recorded on
the land records of Eagle County.
10. The entire Glen Lyon Office Building and
Brewery Building shall be sprinklered and have a
fire alarm detection system. Town of Vail Fire
Department approval of the sprinkler and fire
alarm systems shall be required before a building
permit is released for Phase I excluding Phase IA
or II.
11. The developer shall submit a set of amended plans
to the Colorado Division of Highways for review
31
and approval. The improvements on CDOH property
proposed by the developer must receive CDOH
approval before Phase I, excluding IA, II, and III
are presented to the Town of Vail Design Review
Board for final approval.
12. The east building including the two employee
dwelling units shall be constructed when the
parking structure is built to ensure that the
employee units are built.
18.46.220 Employee Housing
The development of SDD No. 4 will have impacts on available
employee housing within the Upper Eagle Valley area. In
order to help meet this additional employee housing need,
the developer(s) of Areas A and D shall provide employee
housing on site. The developer(s) of Area A shall build a
minimum of 8 employee dwelling units within Area A j4esthaven
Condominium building. Each employee dwelling unit in Area A
shall have a minimum square footage of 648 square feet. The
developer of Area D shall build 2 employee dwelling units in
the Area D east building per the approved plan for the East
Building. In Area D one employee dwelling unit shall have a
minimum GRFA of 795 square feet and the second employee
dwelling unit shall have a minimum GRFA of 900 square feet.
The GRFA and number of employee units shall not be counted
toward allowable density or GRFA for SDD No. 4. In Area A,
the GRFA and number of employee dwelling units shall be
restricted as employee dwelling units for 20 years plus the
life of Tiffany Christine Lowenthal from the date of final
certificate of occupancy for said units. The two employee
dwelling units in Area D shall be restricted as rental
employee dwelling units permanently. In Areas A & D the
following restrictions shall apply to all employee dwelling
units: The employee dwelling unit shall not be leased or
rented for any period of less than 30 consecutive days, and
that if rented, it shall be rented only to tenants who are
32
full time employees in the Upper Eagle Valley. The Upper
Eagle Valley shall be deemed to include the Gore Valley,
Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their
surrounding areas. A full time employee is a person who
works an average of 30 hours per week. In Area A, if an
employee dwelling unit is sold, it shall be sold only to a
full time employee in the Upper Eagle Valley. The owner
shall occupy the unit or lease/rent as per the requirements
in this section. In Areas A & D the employee dwelling unit
shall not be divided into any form of timeshare, interval
ownership, or fractional fee ownership. A declaration of
covenants and restrictions shall be filed on record in the
office of the Eagle County Clerk and Recorder in a form
approved by the Town Attorney for the benefit of the Town to
ensure that the restrictions herein shall run with the land
before a building permit is released for the construction of
the employee units in either Area A or Area D.
18.46.230 Time Requirements
SDD No. 4 shall be governed by the procedures outlined in
Section 18.40.120 of the Town of Vail Municipal Code.
Section 9.
If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
Section 5.
The repeal or the repeal and re-enactment of any provisions of
the Vail Municipal Code as provided in this ordinance shall not
affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as
33
commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
,Section 6.
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of
such inconsistency. The repealer shall not be construed to
revise any bylaw, order, resolution or ordinance, or part
thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON
FIRST READING THIS 19th day of
November , 1991, and a public hearing shall be held on this
ordinance on the 3rd day of December , 1991 at 7.30 p.m. in
the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Ordered published in full this 19th day of November , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED by title this 3rd day Of December , 1991.
Margaret A. Osterfoss, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
34
• ;
. E::1IILIT "a" ,
• KOELDEL PROPEP.TY
DEVELOI'I1L:.T ARL~1 11
Vail-Rose 12.370 acr e
A part of the S~J 1/4 NE 1/4 of Section 12,
To~~nship'S South, RanSe B1 17est of tt~e 6t}~ P.:1., described as •
follotas
Beginning at a point on the hest line of said S1J 1/4
Nir 1/4 from w}~ic!1 the North one-quarter corner of said Section
bears North 0°15' East 22G9. a8 feet; tt:ence ttort'~ 0015' East,
along said hest Line, 15.36 feet to a point on the Southeaste.'_y
right bf way line of U.S. ltighway t1o. 6; thence, along said
Southeasterly right o~ way line, as folloc,s:
North 52027' East, 102.31 feet;
North 49°20' East, 519.57;feet; and
North 98°13' East, 549.09 feet, more or less, to a point
on the North line of said 51J 1/4 f7E 1/4; thence forth 88°33'
East, along the Nor~h line of said SI.1 1/4 NE, 36S feet, more or
less, to a point on the centerline of Gore Creek; the^ce, alorc_ the
centerline of Gore Cree};, as folloe~s:
South 3601?' ~•7est, 101.09 feet;
South 18021' ~~est, 54.08 feet;
Sout}~ 1024' ~•lest, 205.02 feet; •
South 12°10' ~~7est, 110.25 reef; at~c
South 28°41' 1•;est, 212.35 feet, thence Sout`~ 75°15'
West, 1064•.10 feet to the point of beginni:g.
Rose I'~rcel 3.190 acre:
A tract of land situstec in the S~•:;i:E; of Section 1?,
TP 5 S. , R. 81 , of the 6th P.~•1, l;~ing Southerly o= that cer;.ain
•tr~ct of land described in Book 199 , face 197 , taortherl•~ and
ti•lesterly of t}~e center line of Gore Cree}:, and lying t'.ort:ierly and
Easterly of those certain tracts described in Book 211 at Page 106,
IIooi; 211 at Page 108 and Dool; 215 at Page 36~, descried as
follo~~s:
Beginning at a point on the North-Sout`~ center line
of said Section 12 whence the North quarter corner of said Section
12 bears t7. 00015' E. 2269.48 feet;
thence N. 75°15' E. 346.26 feet to the true point of
beginning, said point being on the South line of that tract described
in Book 199, Page 197 and w}rich bears S. 08026' E. 2205.34 feet
from the north quarter corner of said Sec~ion 12;
thence N. 75°15' E. 717.84 feet along the Southerly
line of that tract described in Book 199, Fage 197 to the ce~lter
of Gore Creek;
thence S. 28°41' W. 130.61 feet along the center line
of sa i.c] Creek;
thence S. 05°24'30" E. 104.50 feet along the center
line of said Creek;
• thence S. 49°29' W. 95.50 feet along the center line
of said Creek;
thence S. 22034' W. 124.47 feet along the center line
of said Creek;
thence S. 54000' W. 119.34 feet along the center line
of said Creek; to the Southeast corner of that certain tract of
land described in Book 211, Page 108;
thence N. 33°16'30" W. 140.12 feet along the Easterly
line of that tract described in Book 211 at page 108;
thence N. 57042'30" iJ. 169.88 feet along the
Northeasterly line of that tract described .in Book 211 at page 108;
thence N. 86°02'30" lJ. 162.92 feet along the Northerly
line of those tracts described in Book 211 at Page 108 Book 211
at Page lOG to a point;
th~ncc N. 32057' 30" 1J. 76.08 feet along the
Northeasterly line of that tract described in Book 215 at Page
365, to the point of begi,~ning.
0
35 •
lJeede Parcel 1.260 acres
Count}• of Eagle and State of Colorado, to wit:
A tract of land situated in t}~e StJ;NE; of Section 1?., To•.,ns}rip 5
South, Range S1 ~•7est of ttie 6tli Prir:cioal Meridian, described
as follo~~s: Beginning at a point on tl~e North-South center
line of said Section 12 w}~ence tt~e Nort1~ Quarter Corner of saiC
Section 12 bears tJorth 00 degs. 15 minx. East 2?G9.48 feet; thence
t~ort}~ 75 dens. 15 mins. East 3x6.26 feet; thence South 32 degs.
57 mins. 30 secs. East 76.08 feet; t}rer~ce South 11 degs. 00 mins.
30 secs. West 279.99 feet to•a point in ttre center of Gore Creek;
thence North 50 degs. 32 rains. 1•rest 111.31 feet along the cen~~_
line of said creek; thence North 38 degs. 40 mins. ~•lest 239.09 feet
along t}~e center line of said creek; thence South 76 degs.
35 mins. ~4est 89.91 feet along the center line of said creek to a
point on the North-South center line of said Section 12; thence
Nor~h 00 degs. 15 mins. East 13.95 feet along t}~e North-South
center line of said Section 12 to the point of beginning.
Total 16.820 acres
GORE CREEF ASSCCIrlTES PP.OPERTY
llEV~LOF~IL:;T I1RF.lS B, C b D
80.700 acres '
Leeal De=cr_otion
J~11 that part of Section 12, To;.-nship 5 South, Rance 81 hest of
the 6th P.:1. , described as follo•.:s
All that par of the N;i\E'S of Section 12, lying Southerly of the
Southerly right-of-~oay line of U.S. tiigh•.aay No. 6 and tlortherly
of tl~e Sou ~'.-~erly line of said 1J ;?~E ~ , as shown on the plat on file
ire t}~e office of the Eagle County C1erY, and Recorder as Docume.^.t
No. 97989, described as follo~•rs:
Beginning at the high~ray survey monument at the intersection of the
5outt~erl;~ line of said hig}~~~ay and t}ie Easterl}~ line of said
iJ;iJE;, whence the northeast corner of said Section 12 bears Nor~h
0003' Jest 634.785 feet; •
t}pence South 73026'30" West 1112.13 feet along the Southerly right
of way line of said highway;
thence South 70°34' West 125.10 feet along the Southerly right of
way line of said highway; •
• thence South 69°25' West 100.00 feet along the Southerly rig}it of
way line of said highway; •
thence South 65050' West 100.00 feet along the Southerly line of
said highway;
thence South 62015' West 100.00 feet along the Southerly•right of
way line of said highway; •
thence South 58°40' West 100>00 feet along the Southerly right of
way line of said highway; •
thence South 55°05° West 100.00 feet along the Southerly right of
way line of said highway; •
thence South 51032' West 100.00 feet along the Southerly right of
way line of said higti~oay;
thence South 47°57' West 232,58 feet along the Southerly right of
way line of said }~ighway to a point on the Southerly line of said
N ;tJE: ;
thence North 88°33' East 497,67 feet along the Southerly line of
said N'~tJE: to the center of the NEB of said Section 12;
thence tdortl~ 88°33' East 1379.35 feet along the Southerly line of
said tJ;tdE; to the Southeast corner of said N;tJE;;
thence iJorth 0°03' West 7G0.95 feet along the Easterly line of said
NhttE: to its intersection wit}r the Southerly line of said
highway, the point of beginning,
36
C0:lTI::UED
AND '
All that part of the St•l;NG; of Section 12, Iyinq Southern of
the ccriter of Gore Creek as shown on the plat on file in the
office of the Eagle County Clerk and Recorder as Document !}o.
97489, described as follotos:
Beginning at the Northeast corner of said St•1;C1>:;; •
thence South 88°33' irlest 131.67 feet to a point in the center of
said Creek;
thence South 40°09' ~•lest 94.04 feet alc,ng t}~e center of said Cry°k:
thence Sout:~ 18°21' ~,1est 54.08 feet along the center of said Creek;
thence South 1°~4' hest 205.02 feet along the center of said Cre_::;
thence South 12010' ~~est 110.35 feet along the center o_° said Creek;
thence South 28041' 1~est 320.00 feet;
thence South 5°24'30" East, 170.00 feet along the center of said
creel:;
thence South 27°00'02" t•lest 85.24 feet along the center of said
creek;
thence Sout:~ 54000' hest 259.34 feet along the center of said
creek; -
thenc~ Sout'~ 65034' Jest 109.62 feet alone the center of said
creek;
thence Sout!~ 69004' hest 186.13 feet alone the center of said c:aek;
thence Sout:z 85°25' t,Test 68.88 feet along the center of said ere.k;
thence t]ort:•i 77036' hest 26.96 feet along the center of said c.°_!:;•
thence ilorth 50°32' t•;est 199.19 feet along the censer of said c:eeY.;
thence i~lort7 3E~°a.0' hest 239.09 feet along the cen:.sr o= said c:zek;
thence South 76°35' t~lest 89.91 feet along the center of said cr=ak;
to a point on the [lesterly line of said St•i;t•:E;;
thence South 0015' t•lest 461.90 f.eeC t° tl~e center of said Sect:en 12;
t}~ei~~e \orth 89.02' East 13(32. G~ feet aloilu tl~e ~outhe=ly line of
said Stt;i`iL; to the Sou:::,past corner of saki Si•i;C1L;;
thence North 0006' East 1364.32 feet alor.o tt:e Easter?_: li^s of said
St•+';iJE; to the Northeast corer of said Sti•'~'r;E;, the point of
beginning,
AtJD
.
• The NtJ;SE; of Section 12, To~ans:~ip 5 Sout!~, Range 81 1•lest or t::e
6th P.DI. ;
AND
A1]. that part of the SE;tJt~;; of Section 12, To•.anship 5 South, Range
81 hest of the 6t}i P.1`1. , lying Southerly oL the Southerly right of
way line of U.S. }iigh•:gay No. 6, as shorn on the plat on file in the
office of the Eagle County Cler}: and Recorder as Document No. 97489,
described as follotas:
Beginniny at the Southeast corner of said SE~t}tJ;;
thut~ce South 89°02' West 836.95 feet along the Southerly line of
said SE;NtJ; to a point on t}~e Sout}~erly right of way line of saki
Z~iyhway;
thence North 52035' East 1057.07 feet along the Southerly rig}tt
of way line of said highway to a point on the Easterly line of said
SE ~tJtJ; ; •
thence South 0°15' West 628.21 feet along the Easterly line of said
SE:Nt~1; to the Southeast corner of said SEatJt•!~, the point of
beginning;
EXCEPT THE FOLLOWING:
that part described in Book 188 at page 545;
that part described in Book 191 at page 241;
that part described in Boo}: 203 at page 231;
37
--a.
CO:I; I:~UED ~
that part described in Book Z03 at page 531;
that certain island adjacent to the above-described property, and
located in the micdle oz Gore Creel;, ~ai~ic`~ the part? es~ intend
to exclude f rem this trsnsac~ion;
Count} c f Eag l.e ,
State of Colorado
ALSO THE FOLLO;IIf;G FARCcL FORi~iGP.L'f Y.N0;tt1 AS Tl;c "C'JS~::1Fr' FARC~L"
A tract of ]and situated in the Sta 114 TE 1/4 oi:
Section 12, To•.:nship 5 South, Ran&~ $I west of
the 6th F'rinci~~al l~;eridian, 1}•ing tdorthwesterl}•
of the center line of Gore Creek oescribeo as
follo~:s:
Beginning at a point whence the 1~orth Quarter
Corner of saic Section 12 bears 1:. 11°03' 1~.
2292.72 feet; thence S. 6G°02'3" E. 69.50
feet; thence S. 54`42'30" L. ]6°.l;b feet; thence
• S. 3s`]6'30" E. ]g0.12 feet to a point in the
center of said creek: t}pence S. 65`34' 1~. 109.62
feet alor,b the center linE of said creek; thence
S. 69`C~q-' L;. 9C~.7$ fee! s1onF the certc- ]ine of
sair; creek; thence l~. X3`12'30" W. 317.54 feet
. to the point o; l~egir.ning, containing 1.05 acres.
more o: less. •
f-.LSO DESr..' i tBU
' 8e~innir.t at a ~::;n~ ~d;,e-,c~ t:,E N~rt~? Qvar~e:
C.ovnet- of said Seetivh 11 heart 1t'03' 1r1.
22~2.7Z iEEt; LI~E!'CE S. $S°43'l4" 89.84 -f•eet;
thence S. ~7`25':s(~" E.. 165.46 fEEt; thEncE S.
31°59'30'' E. 141.47 feet to a point in the
' center of said creek; thence S. 65°31'36" t+'.
109.62 feet along the center line of said creek;
thence S. C~9°U1'36" 1!. 103.02 feet along tt~e
center lane of slid creek; thence N. 23'2q'09"
1~;. 3]9.U9 feEt to the point of beginning. '
' TOGETIIET: 1~']TN an e2senent as described in 'Document
' reco;ciEd August 5, ]ybi~ in Eook 306 at Pale 4C3
Sn~ teco~ded i:, ~uc,>{ 30~ of Page 86 of the
Trsf:] E Gounty recoros .
. ALSO including, all Water and well rights
• appurtErant to the above described property',
. including ~:ithout licitatior•, 1,1e]] Ferc~it fto.
94702, 1:2ter rights oecrEed in Civi] f,c:ion
)~a. 2375 in Lagle Count}• District Court, and
sl ] that p~: tio:~ of ~:ater rights decreed in
Case No. CW 4]0, Water Divisior. I:o. S.
(Gore No. 1 tlell U.05 cIS)
38
ORDINANCE N0.46, Series of 1991
AN ORDINANCE AMENDING THE PLAN DOCUMENT OF
THE TOWN OF VAIL EMPLOYEES' PENSION PLAN;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail has adopted an Employees' Pension Plan, the effective date
of which was January 1, 1983; and,
WHEREAS, the Town of Vail has previously adopted five amendments to the Employees'
Pension Plan; and,
WHEREAS, the Town of Vail wishes to again amend the Employee Pension Plan.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. The sixth amendment to the Employees' Pension Plan document which is attached
to this Ordinance as Exhibit A and incorporated herein by reference is hereby adopted by the
Town Council of the Town of Vail.
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 extend only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
1
INTRODUCED, READ AND APPROVED ON FIRST READING this 19th day of November,
1991, and a public hearing shall be held on this Ordinance on the 3rd day of December, 1991,
at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordered published in full this 19th day of November, 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 1991.
Margaret A. Osterfoss, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:\ORD.46
7
EXHIBIT A
SIXTH AMENDMENT
TO
TOWN OF ZTAIL
EMPLOYEES' Pt.NSION PLAN
THIS AMENDMENT is made by the Toern of Vail (herein-
after referred to as the ^Employer^).
WHEREAS, the Employer adopted the Town of Vai].
Employees' Pension Plan (hereinafter referred to as the "Plan")
effective January 1, 1983; and
WHEREAS, the Plan provides 8t section 8.1 8ls follpW6:
'The Emp].oyex' may amend, mod.;.fy or terminate
the Plan..."; and
WHEREAS, the Employer previously amended the Plan in
certain technical resi~ects and now desires to further amend the
Plan to add additional employees to the coverage of the Plan; '
NOW, 'I'HER~~'OR~, the Employer does hereby amend the
Plan in the following paticulars:
ARTICLE I
Article III of the Plan is hereby amended by adding
the following section to the end of such ,Article:
"3.6 Participation of Non-Permanent Employees.'
Any employee who is pct a permanent employee
atld as a result is not an eligible employee in
aaaordance with section 3.1 nhall be eligible
to partiaip~.te in the Plan oxx a limited basis
as provided in Section ~.1A below. Such parti-
cipation shall be effea~.ive as of the later Of
July 1, 1991 or such non-perntanetrr employee'B
date of employment.
ag~r-r ,F, ~
A new Section 4.1A is hereby ins®rted ix~mediately
following Section 4.i of the, Plan, such Section to read in its
entirety as follows:
4.1A Contributions for Non-Permanent Ent~ilovees.
. (a) Emglover Contributions. ?~~vr each Plan
Year, the Employer shall cor~trik,ute to the
Plan to the credit of tn~a Em Moyer Contri°
buti,ozx Account of each l'ari: ~_ciFant who is
not otherwise an eligible employee, an
. amount equal to 1.5~ of his eligible
Compensation. The coi~.tri:.ution of the
Employer fox any Plan Ys~al• shall bg made
no later than 2-1/2 maxiths fol~.owing the
end of tha Plan Year. .
(b) Em:alovee Contributions. Eac2i employee who
is a participant but not otherwise an
eligible employee shall b~ required to
contribute 6~ of his aompe~isation to the
Plan for each Plan Year, prc: vided that far
the Plan Year ending December 31, 1991,
such contributions shall be required only
after July 1, 1991.
(c) Emnlover Piax.-U4 Contributions. The
employee contribution of eacri participant
who is not otherwise axt eligible employee
f~hall be made by the Employer and deducted
fxvm the compensation of}~erwise paid to
the employee for all admpE~nsativn paid to
such employee on or after November 20,
1991. Such contr~.but.ion shall b® con-
s~.dered to be pick up ~:otitributions under
the terms of Section 4 (h) of the Inter-
nal RevenUg Codes of 198G. Suah partici-
-2-
pants shall. not nave the option of whether
or not such contributions shall bo treated
as employer pick-up contributions.
ARTICLB ITI
section 6.2 of the Plan is hereby amended by adding
the fol~.owing subsection to the end of the Plan:
(e) Vesting foY; ~ontribution~ i'Qar Non~Permanent
~nvloveea. The contribution made pursuant to
Section 4.1A by or for any participant who is
not e~tiher~aise an eligible employee, whether the
contributions are made by the participant or by
the gmploysr, shall be fully vested and non-
forfeitable for all purposes.
ARTICLE IV
The amendments to the Plan set forth in Articles I
through III above shall be effective as of July 1, 1991.
.ARTICLE V
Except as herainabova am®nded in Articles I through
Iv shave, they L~mployer hereby readopts, reaffirms and
redecl~?res each and every provision of the Plan.
IN WITNESS WHEREOF, the Employer, at the direction of
its City Council and with the consent of the Participants, has
executed this Amendment as of the day of ,
1991.
TOWN OF VAIL
By
-3-
o~'' /
a~
TOWN OF VAIL MEMORANDUM
TO: Town Council
FROM: Steve Thompson
DATE: November 20, 1991
RE: Re-enactment and repeal of the sales tax ordinance
The following is a summary of the proposed amendments to the Town's
sales tax code. We have prepared this summary since we are re-
enacting and repealing the code and you will not be able to see
what has been added or deleted due to the absence of highlighted
changes.
The majority of the amendments to the code are made in order to
adopt several uniform amendments as proposed and adopted by the CML
Board of Directors. The CML Board developed uniform amendments to
the sales tax ordinance so that the Colorado Association of
Commerce and Industry, (CACI) , would exclude from their expenditure
limitation bill state control over all municipal sales taxes. CACI
sees this as a way to simplify the process for businesses who
collect tax for more than one city. All home rule municipalities
that self collect sales tax are adopting these amendments. These
amendments do not change the Town's tax base and are expected to
have no impact upon the total amount of taxes collected by the Town
of Vail.
Summary of Amendments:
1. Standardized definitions - in section 3.40.020.
2. Moved several definitions from the exemptions and services
taxed sections of the code to the definition section 3.40.020.
3. Added the following sections in their entirety.
3.40.290 Coordinated audit procedures
3.40.300 Intercity claims for recovery
3.40.310 Notice of sales tax ordinance amendment
3.40.320 Participation in simplification meetings
4. Standardize interest on delinquent taxes to 1% per month.
5. Delete the requirement that charitable organizations have a
federal and Colorado tax exempt institution license in order
to be tax exempt.
6. Reduce the number of days a taxpayer has to appeal a notice of
assessment with the Finance Director from 30 to 20 days.
ORDINANCE SERIES NO. 45, Series of 1991 ,
AN ORDINANCE REPEALING AND RE-ENACTING
CHAPTER 3.40 OF SALES TA% OF THE MIINICIPAL
CODE OF THE TOWN OF VAIL; SETTING FORTH
DETAILS IN REGARDING THERETO.
WHEREAS, the Colorado Association of Commerce and Industry (CACI)
announced plans to initiate an expenditure limitation which
included state control of local sales taxes and
WHEREAS CACI agreed to delete the sales tax provision contingent
upon evidence that all the home rule cities within the State of
Colorado are proceeding to adopt a uniform ordinance as proposed
and adopted by the Colorado Municipal League (CML) Board of
Directors and
WHEREAS CML has urged that each home rule city adopt, before the
end of November the necessary ordinance and
WHEREAS, the amendment to the Town of Vail sales tax ordinance will
in no way affect the sales tax rate or the sale tax base within the
Town of Vail and
WHEREAS such amendments are procedural only.
Now therefore be it ordained by the Town Council of the Town of
Vail, Colorado:
1. Chapter 3.40 of the municipal code of the Town of Vail is
hereby repealed and re-enacted to read as follows:
Chapter 3.40
SALES TA1C
GENERAL PROVISIONS
Sections:
3.40.010 Short title.
3.40.020 Definitions.
3.40.030 Confidential nature of returns.
3.40.040 Tax cannot be absorbed.
3.40.050 Excess tax; Remittance.
3.40.060 License and tax additional.
3.40.065 Duty to keep records.
3.40.070 Administration.
3.40.080 Receipts; Disposition.
3.40.090 Applicability to banks.
3.40.100 Statute of limitations.
LICENSING
1
Sections:
3.40.110 Licenses, fees, revocation.
SALES TAX
sections:
3.40.120 Property and services taxed.
3.40.130 Collection of sales tax.
3.40.140 Sales tax base; Schedule of sales tax.
3.40.150 Credit sales.
3.40.160 Bad debt charge-offs.
3.40.170 Exemptions.
3.40.180 Map or location guide of town boundaries.
REFUNDS
Sections:
3.40.190 Refunds.
ENFORCEMENT
Sections:
3.40.200 Recovery of taxes, penalty and interest.
3.40.210 Tax lien.
3.40.220 Interest on underpayment, overpayment, nonpayment,
or extensions of time for payment of tax.
3.40.230 Other remedies.
HEARINGS AND APPEALS
Sections:
3.40.240 Hearings by finance director.
3.40.250 Review by district court.
3.40.260 Alternate review by department of revenue.
3.40.270 Amendments.
3.40.280 Violation - Penalty.
MISCELLANEOUS
sections:
3.40.290 Coordinated audit procedures.
3.40.300 Intercity claims for recovery.
3.40.310 Notice of sales tax ordinance amendment.
3.40.320 Participation in simplification meetings.
GENERAL PROVISIONS
3.40.010 Short title.
This Chapter shall be known as the "Town sales tax
ordinance." (Ord. 31(1987) & 1.)
3.40.020 Definitions.
As used in this Chapter 3.40, unless the context otherwise
requires, the following terms shall have the following meanings:
A. "Acquisition charges or costs" includes "purchase price", as
defined in this section, subsection FF.
B. "Auction sale" means any sale conducted by or transacted at a
2
permanent place of business operated by an auctioneer or a
sale conducted and transacted at any location where tangible
personal property is sold by an auctioneer when such
auctioneer is acting as agent for the owner of such personal
property or is in fact the owner thereof. The auctioneer at
any sale defined in subsection II of this section, except when
acting as an agent for a duly licensed retailer or vendor or
when selling only tangible personal property which is exempt
under the provisions of Section 3.40.170, is a retailer or
vendor as defined in subsection HH of this section, and the
sale made by him is a retail sale, as defined in subsection II
of this section, and the business conducted by said auctioneer
in accomplishing such sale is the transaction of a business as
defined by subsection C. of this section.
C. "Business" includes all activities engaged in or caused to be
engaged in with the object of gain, benefit, or advantage,
direct or indirect.
D. "Charitable organization" means any entity organized and
operated exclusively for religious, charitable, scientific,
testing for public safety, literary, or educational purposes,
or to foster national or international amateur sports
competition (but only if no part of its activities involve the
provision of athletic facilities or equipment). or for the
prevention of cruelty to children or animals, no part of the
net earnings of which inures to the benefit of any private
shareholder or individual, no substantial part of the
activities of which is carrying on propaganda, or otherwise
attempting, to influence legislation, and which does not
participate in, or intervene in any political campaign on
behalf of any candidate for public office (including the
publishing or distributing of statements).
E. "Construction materials" means tangible personal property
which, when combined with other tangible personal property,
loses its identity to become an integral and inseparable part
of a complete structure or project including public and
private improvements. Construction materials include, but are
not limited to, such things as asphalt, bricks, builder's
hardware, caulking material, cement, concrete, conduit,
electric wiring and connections, fireplace inserts, electrical
heating and cooling equipment, flooring, glass, gravel,
insulation, lathe, lead, lime, lumber, macadam, mill work,
mortar, oil, paint, piping, pipe valves, and pipe fittings,
plaster, plumbing fixtures, putty, reinforcing mesh, roadbase,
roofing, sand, sanitary sewer pipe, sheet metal, site
lighting, steel, stone, stucco, tile, trees, shrubs, and other
landscaping materials, wallboard, wall coping, wallpaper,
weather stripping, wire netting, and screen, water mains and
meters, and wood preserver. The above materials, when used for
forms, or other items which do not remain as an integral or
inseparable part of a completed structure or project are not
construction materials. Construction materials do not include
such things as: carpeting, equipment, furniture, removable
3
fixtures, window coverings, or similar items.
F. "Consumer" means (A) any individual person or (B) person
engaged in business in the Town who uses, stores, distributes
or otherwise consumes in the Town tangible personal property
or taxable services purchased from sources inside or outside
the Town.
G. "Town" means the municipality of Town of Vail.
H. "Town clerk" means the clerk of the town.
I. "Town council" means the council of the town.
J. "Town manager" means the manager of the town.
K. "County" means Eagle County, Colorado.
L. "County clerk and recorder" means the county clerk and
recorder for the county.
M. "Department of revenue" means the department of revenue of the
state.
N. "District court" means the district court in and for Eagle
County, Colorado.
O. "Engaged in Business in the Town" means performing or
providing services or selling, leasing, renting, delivering or
installing tangible personal property for storage, use or
consumption within the Town. Engaged in business in the Town
includes, but is not limited to, any one of the following
activities by a person:
1. Directly, indirectly, or by a subsidiary maintains a
building, store, office, salesroom, warehouse, or other
place of business within the taxing jurisdiction;
2. Sends one or more employees, agents or commissioned sales
persons into the taxing jurisdiction to solicit business
or to install, assemble, repair, service, or assist in
the use of its products, or for demonstration or other
reasons;
3. Maintains one or more employees, agents or commissioned
sales persons on duty at a location within the taxing
jurisdiction;
4. Owns, leases, rents or otherwise exercises control over
real or personal property within the taxing jurisdiction;
or
5. Makes more than one delivery into the taxing jurisdiction
within a twelve month period.
P. Exempt Commercial Packaging Materials" means containers,
labels and shipping cases sold to a person engaged in
manufacturing, compounding, wholesaling, jobbing, retailing,
packaging, distributing or bottling for sale, profit or use
that meets all of the following conditions: (i) is used by
the manufacturer, compounder, wholesaler, jobber, retailer,
packager, distributor or bottler to contain or label the
finished product; (ii) is transferred by said person along
with and as a part of the finished product to the purchaser;
and (iii) is not returnable to said person for reuse.
Q. "Finance department" means the finance department of the town.
R. "Finance director" means the administrative services director
of the town or such other person designated by the
4
municipality; "Finance Director: shall also include such
person's designee.
S. "Gross sales" means the total amount received in money,
credit, property or other consideration valued in money for
all sales, leases, or rentals of tangible personal property or
services.
T. "Gross taxable sales" means the total amount received in
money, credits, or property, excluding the fair market value
of exchanged property which is to be sold thereafter in the
usual course of the retailer's business, or other
consideration valued in money from sales and purchases at
retail within this town and embraced within the provisions of
this Chapter 3.40. The taxpayer may take credit in his report
of gross sales for an amount equal to the sale price of
property returned by the purchaser when the full sale price
thereof is refunded whether in cash or by credit. The fair
market value of any exchanged property which is to be sold
thereafter in the usual course of the retailer's business, if
included in the full price of a new article, shall be excluded
from the gross sales. On all sales at retail that are valued
in money, when such sales are made under conditional sales
contract, or under other forms of sale where the payment of
the principal sum thereunder is extended over a period longer
than sixty days from the date of sale thereof, only such
portion of the sale amount thereof may be counted for the
purpose of imposition of the tax imposed by this Chapter 3.40
as has actually been received in cash by the taxpayer during
the period for which the tax imposed by this Chapter 3.40 is
due and payable.
U. "Linen Services" means services involving provision and
cleaning of linens, including but not limited to rags,
uniforms, coveralls and diapers.
V. "License" means a sales tax license.
W. "Lodging Services" means the furnishing of rooms or
accommodations by any person, partnership, association,
corporation, estate, representative capacity or any other
combination of individuals by whatever name known to a person
who for a consideration uses, possesses, or has the right to
use or possess any room in a hotel, apartment hotel, lodging
house, motor hotel, guesthouse, guest ranch, trailer coach,
mobile home, auto camp, or trailer court and park, for a
period of less than thirty consecutive days under any
concession, permit, right of access, license to use, or other
agreement, or otherwise.
X. "Mayor" means the mayor of the town.
Y. "Medical Supplies" means drugs dispensed in accordance with a
prescription; insulin in all its forms dispensed pursuant to
the direction of a licensed physician; glucose useable for
treatment of insulin reactions; urine- and blood-testing kits
and materials; insulin measuring and injecting devices,
including hypodermic syringes and needles; prosthetic devices;
wheelchairs and hospital beds; drugs or materials when
5
furnished by a doctor as part of professional services
provided to a patient; and corrective eyeglasses, contact
lenses, or hearing aids.
Z. "Modified computer software programs" means that one of the
following elements must be present:
1. The preparation or selection of the program for the
customer's uses requires an analysis of the customer's
requirement by the vendor; or
2. The program requires adaptation by the vendor to be used
in a specific output device.
AA. "Newspaper" means a publication, printed on newsprint,
intended for general circulation, and published regularly at
short intervals, containing information and editorials on
current events and news of general interest. The term
newspaper does not include: magazines, trade publications or
journals, credit bulletins, advertising inserts, circulares,
directories, maps, racing programs, reprints, newspaper
clipping and mailing services or listings, publications that
include an updating or revision service, or books or pocket
editions of books.
BB. "Pay Television" shall include, but not be limited to, cable,
microwave or other television service for which a charge is
imposed, except for cable or subscription television fees
which are not charged on a pay-per-view basis.
CC. "Person" means any individual, firm, partnership, joint
venture, corporation, estate or trust, receiver, trustee,
assignee, lessee or any person acting in the fiduciary or
representative capacity, whether appointed by court or
otherwise or any group or combination acting as a unit.
DD. "Drugs Dispensed in Accordance with a Prescription" means
drugs dispensed in accordance with any order in writing, dated
and signed by a licensed practitioner of the Healing Arts, or
given orally by a practitioner, and immediately reduced to
writing by the pharmacist, assistant pharmacist, or pharmacy
intern, specifying the name and address of the person for whom
the medicine or drug is offered and directions, if any, to be
placed on the label.
EE. "Prescription Drugs for Animals" means drugs dispensed in
accordance with any order in writing, dated and signed by a
practitioner, or given orally by a practitioner, specifying
the animal for which the medicine or drug is offered and
directions, if any, to be placed on the label.
FF. "Purchase price" means the price to the consumer, exclusive of
any direct tax imposed by the federal or state government or
by this Chapter 3.40, and, in the case of all retail sales
involving the exchange of property, also exclusive of the fair
market value of the property exchanged at the same time and
place of the exchange if:
1. Such exchanged property is to be sold thereafter in the
usual course of the retailer's business.
2. Such exchanged property is a vehicle and is exchanged for
another vehicle and both vehicles are subject to
6
licensing, registration, or certification under the laws
of this state, including, but not limited to, vehicles
operating upon public highways, off-highway recreation
vehicles, watercraft, and aircraft. Any money or other
consideration paid over and above the value or exchanged
property is subject to tax.
"Price" or "Purchase Price" includes:
1. The amount of money received or due in cash and credits.
2. Property at fair market value taken in exchange but not
for resale in the usual course of the retailer's
business.
3. Any consideration valued in money, such as trading stamps
or coupons whereby the manufacturer or someone else
reimburses the retailer for part of the purchase price
and other media of exchange.
4 . The total price charged on credit sales including finance
charges which are not separately stated. An amount
charged as interest on the unpaid balance of the purchase
price is not part of the purchase price unless the amount
added to the purchase price is included in the principal
amount of a promissory note; except the interest or
carrying charge set out separately from the unpaid
balance of the purchase price on the face of the note is
not part of the purchase price. An amount charged for
insurance on the property sold and separately stated is
not part of the purchase price.
5. Installation, delivery and wheeling-in charges included
in the purchase price and not separately stated.
6. Transportation and other charges to effect delivery of
tangible personal property to the purchaser.
7. Indirect federal manufacturers' excise taxes, such as
taxes on automobiles, tires and floor stock.
8. The gross purchase price of articles sold after
manufacturing or afte~:• having been made to order,
including the gross value of all the materials used,
labor and service performed and the profit thereon.
"Price" or "Purchase Price" shall not include:
1. Any sales or use tax imposed by the State of Colorado or
by any political subdivision thereof.
2. The fair market value of property exchanged if such
property is to be sold thereafter in the retailers usual
course of business. This is not limited to exchanges in
Colorado. Out of state trade-in's are an allowable
adjustment to the purchase price.
3. Discounts from the original price if such discount and
the corresponding decrease in sales tax due is actually
passed on to the purchaser. An anticipated discount to
be allowed for payment on or before a given date is not
an allowable adjustment to the price in reporting gross
sales.
GG. "Prosthetic Devices" means any artificial limb, part, device
or appliance for human use which aids or replaces a bodily
7
function; is designed, manufactured, altered or adjusted to
fit a particular individual; and is prescribed by a licensed
practitioner of the healing arts. Prosthetic devices include
but are not limited to prescribed auditory, ophthalmic or
ocular, cardiac, dental, or orthopedic devices or appliances,
oxygen concentrators and oxygen with related accessories.
HH. "Retailer" or "Vendor" means any person selling, leasing or
renting tangible personal property or services at retail.
Retailer shall include any:
1. Auctioneer;
2. Salesperson, representative, peddler or canvasser, who
makes sales as a direct or indirect agent of or obtains
such property or services sold from a dealer,
distributor, supervisor or employer;
3. Charitable organization or governmental entity which
makes sales of tangible personal property to the public,
notwithstanding the fact that the merchandise sold may
have been acquired by gift or donation or that the
proceeds are to be used for charitable or governmental
purposes.
II. "Retail Sales" means all sales except wholesale sales.
JJ. "Return" means the sales tax reporting form used to report
sales tax.
KK. "Purchase" or "sale" means the acquisition for any
consideration by any person of tangible personal property or
taxable services that are purchased, leased, rented, sold,
used, stored, distributed, or consumed, but excludes a bona
fide gift of property or services. These terms include
capital leases, installment and credit sales, and property and
services acquired by:
1. Transfer, either conditionally or absolutely, of title or
possession or both to tangible personal property;
2. A lease, lease-purchase agreement, rental or grant of a
license, including royalty agreements, to use tangible
personal property or taxable services; the utilization of
coin operated devices, except coin-operated telephones,
which do not vend articles of tangible personal property
shall be considered short term rentals of tangible
personal property.
3. Performance of taxable services; or
4. Barter or exchange for other property or services
including coupons.
5. "Sale" or "sale and purchase" excludes:
a. A division of partnership assets among the partners
according to their interests in the partnership;
b. The formation of a corporation by the owners of a
business and the transfer of their business assets
to the corporation in exchange for all of the
corporation's outstanding stock, except qualifying
shares, in proportion to the assets contributed;
c. The transfer of assets of shareholders in the
formation or dissolution of professional
8
corporations;
d. The dissolution and the pro rata distribution of
the corporation's assets to its stockholders;
e. The transfer of assets from a parent corporation to
a subsidiary corporation or corporations which are
owned at least eighty percent by the parent
corporation, which transfer is solely in exchange
for stock or securities of the subsidiary
corporation;
f. The transfer of assets from a subsidiary
corporation or corporations which are owned at
least eighty percent by the parent corporation, to
a parent corporation which transfer is solely in
exchange for stock or securities of the parent
corporation or the subsidiary which received the
assets;
g. A transfer of a partnership interest;
h. The transfer in a reorganization qualifying under
Section 368(a)(1) of the Internal Revenue Code of
1954, as amended;
i. The formation of a partnership by the transfer of
assets to the partnership or transfers to a
partnership in exchange for proportionate interests
in the partnership;
j. The repossession of personal property by a chattel
mortgage holder or foreclosure by a lien holder;
and
k. The transfer of assets between parent and closely
held subsidiary corporations, or between subsidiary
corporations closely held by the same parent
corporation, or between corporations which are
owned by the same shareholders in identical
percentage of stock ownership amounts, computed on
a share-by-share basis, when a tax imposed by this
Chapter 3.40 was paid by the transferor corporation
at the time it acquired such assets, except to the
extent that there is an increase in the fair market
value of such assets resulting from the
manufacturing, fabricating, or physical changing of
the assets by the transferor corporation. To such
an extent any transfer referred to in this
paragraph (11) shall constitute a sale provided by
Section 3.40.140, subsection A. For the purposes
of this paragraph k, a closely held subsidiary
corporation is one in which the parent corporation
owns stock possessing at least eighty percent of
the total combined voting power of all classes of
stock entitled to vote and owns at least eighty
percent of the total number of shares of all other
classes of stock.
LL. "Tax" means the tax to be collected and remitted by a retailer
on sales taxed under this Code.
9
MM. "School" means an educational institution having a curriculum
comparable to grade, grammar, junior high, high school, or
college, or any combination thereof, requiring daily
attendance and charging a tuition fee.
NN. "State" means the State of Colorado.
00. "Tangible personal property" means corporeal personal
property.
PP. "Tax Deficiency" means any amount of tax that is not reported
or not paid on or before the due date.
QQ. "Taxable Sales" means gross sales less any exemptions and
deductions specified in this Code.
RR. "Taxpayer" means any person obligated to collect and/or pay
tax under the terms of this Code.
SS. "Wholesale Sales" means sales to licensed retailers, jobbers,
dealers or wholesalers for resale. Sales by wholesalers to
consumers are not wholesale sales. Sales by wholesalers to
non-licensed retailers are not wholesale sales.
TT. "Wholesaler" means any person selling to retailers, jobbers,.
dealers, or other wholesalers, for resale, and not for
storage, use, consumption, or distribution.
W. "Wholesale" means a sale by wholesalers to retail merchants,
jobbers, dealers, or other wholesalers for resale and does not
include a sale by wholesalers to users or consumers not for
resale; the latter types of sales shall be deemed to be retail
sales and shall be subject to the provisions of this Chapter
3:40. (Ord. 34(1990) & 1; ard. 31(1987) & 1.)
3.40.030 Confidential nature of returns.
A. Except in accordance with judicial order or as otherwise
provided herein, the town manager, the finance director, and
their agents, clerks, and employees shall not divulge any
information gained from any return filed under the provisions
of this Chapter 3.40.
B. The town officials charged with the custody of returns filed
pursuant to this chapter 3.40 shall not be required to produce
such returns or evidence of any matters contained therein in
any action or proceeding in any court, except on behalf of the
finance director in an action under the provisions of this
Chapter 3.40 to which the finance director is a party, or on
behalf of any party to an action or proceeding under the
provisions of this Chapter 3.40 or to punish a violator
thereof or pursuant to any judicial order in which event the
court may require the production of and may admit in evidence
so much of such returns or of the facts shown thereby as are
pertinent to the action or proceeding and no more.
C. No provision of this Section 3.40.030 shall be construed to
prohibit the delivery to a taxpayer or to his duly authorized
representative of a copy of any return or report filed in
connection with his tax, nor to prohibit the publication of
statistics so classified as to prevent the identification of
particular reports or returns and the information contained
therein, nor to prohibit the inspection of the town attorney
1U
or any other legal representative of the town of the report or
return of any taxpayer who shall bring an action to set aside
or review the tax based thereon or against whom an action or
proceeding is contemplated or has been instituted under this
Chapter 3.40.
D. The provisions of this Section 3.40.030 shall not preclude the
town manager, the finance director, and their agents, clerks,
and employees from divulging any information gained from any
return or audit to the federal government, the state, the
department of revenue, the town or any other municipality, the
town attorney, the town manager, or the finance director, nor
shall the town manager, the finance director, and their
agents, clerks, or employees be liable to any person, firm or
corporation for such disclosure made for the purpose of
computing or collecting the tax due and owing from any person,
firm or corporation, or for the purpose of verifying
compliance with this Chapter 3.40 or for the purpose of
investigating any criminal or illegal activity.
E. Any town officer or employee, or any agent thereof, who shall
divulge any information classified by this Chapter 3.40 as
confidential in any manner except in accordance with proper
judicial order or as otherwise provided herein or by other law
shall be guilty of a violation of this Chapter 3.40 and shall
be punished in the manner provided by State law.
(Ord. 31(1987) & 1.)
3.40.040 Tax cannot be absorbed.
It is unlawful for any retailer to advertise or hold out or state
to the public or to any customer, directly or indirectly, that the
tax or any part thereof imposed by this Chapter 3.40 shall be
assumed or absorbed by the retailer or that it shall not be added
to the selling price of the property sold or the services tendered,
or if added, that it or any part thereof shall be refunded. (Ord.
31(1987) & 1.)
3.40.050 Excess tax; Remittance.
If any vendor during any reporting period, collects as a tax an
amount in excess of four percent of his total taxable sales, then
he shall remit to the finance director the full net amount of the
tax imposed in this Chapter 3.40 and also such excess amount. The
retention by the retailer or vendor of any excess amount of tax
collections over the four percent of the total taxable sales of
such retailer or vendor of the intentional failure to remit
punctually to the finance director the full amount required to be
remitted by the provisions of this Chapter 3.40 is declared to be
a violation of this Chapter 3.40 and shall be recovered, together
with interest, penalties and costs, as provided in Chapter 3.40.
(Ord. 31(1987) & 1.)
3.40.060 License and tax additional.
The license and tax imposed by this Chapter 3.40 shall be in
addition to all other licenses and taxes imposed by law, except as
11
otherwise provided in this Chapter 3.40. (Ord. 31(1987) & 1.)
3.40.065 Duty to keep records.
It is the duty of every taxpayer to keep and preserve suitable
records and such other books or accounts as may be necessary to
determine the amount of tax for the collection of which he is
liable under this Chapter 3.40. It is the duty of every such
taxpayer to keep and preserve for a period of three years all
invoices of goods and merchandise purchased. All such books,
invoices, and other records shall be open for examination and audit
at any time by the finance director or his duly authorized agent.
(Ord. 31(1987) & 1.)
3.40.070 Administration.
The town manager may adopt rules and regulations in conformity with
this Chapter 3.40 for the proper administration and enforcement of
this Chapter 3.40. The administration of this Chapter 3.40 is
vested in and shall be exercised by the town manager. The finance
director shall assist the town manager in the administration of
this Chapter 3.40 to the extent provided herein and in the rules
and regulations promulgated hereunder. (Ord. 31(1987) & 1.)
3.40.080 Receipts; Disposition.
The monies received by the finance director from the tax imposed
and collected pursuant to this Chapter 3.40 shall be deposited in
the general fund and capital projects fund of the town. (Ord.
31(1987) & 1.)
3.40.090 Applicability to banks.
The provisions of this Chapter 3.40 shall apply to national banking
associations and to banks organized and chartered under state law.
(Ord. 31(1987) & 1.)
3.40.100 Statute of limitations.
The taxes for any period, together with interest thereon and
penalties with respect thereto, imposed by this Chapter 3.40 shall
not be assessed, nor shall any notice of lien be filed, or
distraint warrant issued, or suit for collection be instituted, nor
any other action to collect the same be commenced, more than three
years after the date on which the tax was or is payable, nor shall
any lien continue after such period, except for taxes assessed
before the expiration of such period, notice of lien with respect
to which has been filed prior to the expiration of such period, in
which cases such lien shall continue only for one year after the
filing of notice thereof. The statute of limitations period as set
forth herein above in this Section 3.40.100 shall not apply if:
A. A taxpayer files a false or fraudulent return with the intent
to evade the tax imposed by this Chapter 3.40; or
B. If a taxpayer fails to file a return as required by Section
3.40.130. In the case of a false or fraudulent return with
the intent to evade the tax imposed by this Chapter 3.40, the
tax, together with interest and penalties thereon, may be
12
assessed, or proceedings for the collection of such taxes may
be begun at any time. In the case of failure to file a
return, the tax, together with interest and penalties thereon,
may be assessed and collected at any time. Before the
expiration of such period of limitation, the taxpayer and the
finance director may agree in writing to an extension thereof,
and the period so agreed on may be extended by subsequent
agreements in writing. (Ord. 31(1987) & 1.)
LICENSING
3.40.110 Licenses, fee, revocation
A. A sales tax license shall be required for any person who is
engaged in business in the Town and selling at retail in the
town tangible personal property or services that are taxable
hereunder which are purchased in the town and are subject to
sales tax pursuant to this Chapter 3.40. A tax license shall
be granted and issued by the finance director and shall be in
force and effect until the earlier of:
1. Revocation of such license; or
2. Sale or termination of the business, if any, relating to
such license.
Such licenses shall be granted only upon application
stating the name and address of the person desiring such
license, the name of such business, if any, and the location,
including the street number of such business, if any, and such
other facts as the finance director may require. No license
issued pursuant to this Section 3.40.110 shall be
transferable.
B. If engaged in business at two or more separate places by one
person, a separate license for each place of business shall be
required.
C. Each license shall be numbered and shall show the name of the
licensee and the place of business of the licensee and shall
be posted in a conspicuous place at the place of business for
which it is issued. If the licensee does not have a place of
business, then the license shall show the mailing address of
such licensee.
D. The finance director, after reasonable notice and a full
hearing, may revoke the license of any person found by him to
have violated any provision of this Chapter 3.40.
E. Any findings and order of the finance director revoking the
license of any person shall be subject to review by the
district court upon application of the aggrieved party. The
procedure for review shall be, as nearly as possible, the same
as provided for the review of findings as provided by
proceedings in the nature of certiorari.
F. No license shall be required for any person engaged
exclusively in the business of selling commodities which are
exempt from taxation under this Chapter 3.40. (Ord. 31(1987)
& 1.)
13
SALES TAx
3.40.120 Property and services taxed.
There is levied, and there shall be collected and paid a sales tax
in the amount stated in Section 3.40.140 as follows:
A. On the purchase price paid or charged upon all sales,
purchases, rentals and leases of tangible personal property at
retail.
B. In the case of retail sales involving the exchange of
property, on the purchase price paid or charged, including the
fair market value of the property exchanged at the time and
place of the exchange, excluding, however, from the
consideration of the purchase price, the fair market value of
the exchanged property, provided that such exchanged property
is to be sold thereafter in the usual course of the retailer's
business.
C. Upon telephone and telegraph services, whether furnished by
public or private corporations or enterprises, for all
intrastate telecommunication services originating from or
received on telecommunication equipment in the town if the
charge for the service is billed to a person in the town or
billed to an affiliate or division of such person in the town
on behalf of a person in the town.
D. For gas and electric service, whether furnished by municipal,
public, or private corporations or enterprises, for gas and
electricity furnished and sold for commercial consumption and
not for resale, upon steam when consumed or used by the
purchaser and not resold in original form whether furnished or
sold by municipal, public or private corporations or
enterprises.
E. 1. Upon all sales of food;
2. Upon the amount paid for food or drink served or
furnished in or by restaurants, cafes, lunch counters,
cafeterias, hotels, drugstores, social clubs, nightclubs,
cabarets, resorts, snack bars, caterers, carryout shops,
and other like places of business at which prepared food
or drink is regularly sold, including sales from
pushcarts, motor vehicles, and other mobile facilities.
Cover charges shall be included as part of the amount
paid for such food or drink. The amount paid for sales
of meals by any of the employees of the above listed
establishments, whether at full price or at reduced
price, shall be included herein.
F. Lodging services in Section 3.40.020, subsection W.
G. Pay television in Section 3.40.020, subsection BB.
H. Prescription drugs for animals in Section 3.040.020,
subsection EE.
I. Linen services in Section 3.040.020, subsection U.
3.40.130 Collection of sales tax.
A. Every retailer, also in this Chapter 3.40 called "vendor",
engaged in business in the Town shall, irrespective of the
14
provisions of Section 3.40.140, be liable and responsible for
the payment of an amount equal to four percent of all sales
made by him of commodities or services as specified in Section
3.40.120 and shall before the twentieth day of each month make
a return to the finance director for the preceding calendar
month and remit an amount equal to said four percent on such
sales to said finance director. For the purposes of this
paragraph, all such returns and remittance shall be considered
made to the finance director on or before the twentieth day of
each month if they are sent via the United States mail and are
postmarked on or before the twentieth day of each month. If
the twentieth day of any month falls on a weekend or holiday,
said return and remittance may be postmarked the following
business day. Such returns of the taxpayer or his duly
authorized agent shall be furnished by the finance department.
The town shall use the standard municipal sales tax reporting
form and any subsequent revisions thereto adopted by the
executive director of the department of revenue by the first
full month commencing 120 days after the effective date of the
regulation adopting or revising such standard form.
B. If the accounting methods regularly employed by the vendor in
the transaction of his business or other conditions are such
that the returns of sales made on a calendar month basis shall
impose unnecessary hardship, the finance director, upon
written request of the vendor, may accept returns at such
intervals as shall, in his opinion, better suit the
convenience of the taxpayer, and shall not jeopardize the
collection of the tax. The finance director may permit
taxpayers whose monthly collective tax is less than one
hundred fifty dollars to make returns and pay taxes at
intervals not greater than three months.
C. The finance director may extend the date for making a return
and paying the taxes due under such reasonable rules and
regulations as may be prescribed therefore but no such
extension shall be for a greater period than as provided in
Section 3.40.130 B.
D. The burden of proving that any retailer is exempt from
collecting the tax on any goods or services sold and paying
the same to the finance director, or from making such returns,
shall be on the retailer or vendor under such reasonable
requirements of proof as set forth in the rules and
regulations prescribed therefore.
E. If a dispute arises between the purchaser and seller as to
whether or not any sale, service, or commodity is exempt from
taxation under Section 3.40.1.70, nevertheless the seller shall
collect, and the purchaser shall pay the tax, and the seller
shall thereupon issue to the purchaser a receipt or
certification, on forms furnished by the finance department,
showing the names of the seller and the purchaser, the items
purchased, the date, price, amount of tax paid, and a brief
statement of the claim of exemption. The purchaser thereafter
may apply to the finance director for a refund of such taxes,
15
and it is then the duty of the finance director to determine
the question of exemption. The purchaser may request a
hearing pursuant to Chapter 3.40, and the final determination
of the finance director may either be appealed to the district
court pursuant to Chapter 3.40 or the department of revenue
pursuant to Chapter 3.40.
F. The town's sales tax shall not apply to the sale of tangible
personal property at retail or the furnishing of services if
the transaction was previously subjected to a sales or use tax
lawfully imposed on the purchaser or user by another statutory
or home rule municipality equal to or in excess of the sales
tax required to be paid pursuant to Section 3.40.140. A
credit shall be granted against the town's sales tax with
respect to such transaction equal in amount to the lawfully
imposed local sales or use tax previously paid by the
purchaser or user to the previous statutory or home rule
municipality. The amount of the credit shall not exceed the
amount of the sales tax required to be paid pursuant to
Section 3.40.140. (Ord. 33(1988) && 2, 3: Ord. 10(1988) && 1,
2: Ord. 31(1987) & 1.)
3.40.140 Sales tax base; Schedule of sales tax.
A. Except as otherwise provided in this subsection A, the sales
tax is imposed on the full purchase price of articles sold
after manufacture or after having been made to order, and
includes the full purchase price for material used and the
service performed in connection therewith, excluding, however,
such articles as are otherwise exempted in this Chapter 3.40.
In connection with the transaction referred to in Section
3.40.020, subsection KK, paragraph 5,k, the sales tax is
imposed only on the amount of any increase in the fair market
value of such assets resulting from the manufacturing,
fabricating, or physical changing of the assets by the
transferor corporation. Except as otherwise provided in this
subsection A, the sales price is the gross value of all
materials, labor, and service, and the profit thereon,
included in the price charged to the user or consumer.
B. There is imposed upon all sales of commodities and services
specified in Section 3.40.:L20 a tax at the rate of four
percent of the amount of the sale, to be computed in
accordance with the schedules or systems set forth in the
rules and regulations prescribed therefor. Said schedules or
systems shall be designed so that no such tax is charged on
any sale of twenty-four cents or less.
C. Except as provided in paragraph 1 of this subsection C,
retailers shall add the tax imposed, or the average equivalent
thereof, to the sale price or charge, showing such tax as a
separate and distinct item, and when added, such tax shall
constitute a part of such price or charge and shall be a debt
from the consumer or user to the retailer until paid and shall
be recoverable at law in the same manner as other debts.
1. Any retailer selling malt, vinous, or spirituous liquors
1h
by the drink may include in his sales price the tax
levied under this Chapter 3.40, except that no retailer
shall advertise or hold out to the public in any manner,
directly or indirectly, that such tax is not included as
a part of the sales price to the consumer. The schedule
referred to in subsection B of this section shall be used
by such retailer in determining amounts to be included in
such sales price. No .such retailer shall gain any
benefit from the collection or payment of such tax, nor
shall the use of the schedule referred to in subsection
B of this section relieve such retailer from liability
for payment of the full amount of the tax imposed
pursuant to Section 3.40.120.
2. Any retailer of food may include in his sales price the
tax levied under this Chapter 3.40, except that no
retailer shall advertise or hold out to the public in any
manner, directly or indirectly, that such tax is not
included as a part of the sales price to the consumer.
All menus or menu boards shall state "sales tax
included".
D. Special accounting-sales by qualified non-profit
organizations. Non-profit organizations selling taxable
tangible personal property or services as defined by this code
must collect sales tax and purchasers must pay sales tax on
such sales, subject to the conditions set forth below. It is
the desire of the town council that the taxes collected by
qualified non-profit organizations be retained by that
organization as a contribution of additional funds to be used
in the course of that organization's charitable service to the
community. Therefore, organizations are not required to remit
or report sales tax collections to the town provided that the
organization meets the following criteria:
1. The organization has been authorized in writing by the
Internal Revenue Service as a Section 501(c)(3)
organization or has been approved in writing by the
finance director as being a voluntary, not for profit
organization whose fund raising activities are primarily
for the providing of services in Vail. ,
2. The town sales tax shall be included in the stated
selling price and the total proceeds of the sale of
taxable tangible personal property or services shall be
retained and expended by the qualifying organization to
provide charitable services; and
3. The activity at which taxable tangible property or
service is being sold is an occasional business activity
specifically held for fund raising; and
4. The organization applies to the town finance director on
an annual basis for a special license to be conspicuously
displayed at all eligible fund raising events and
provides access to any financial records or documents
necessary to determine compliance with this subsection D.
(Ord. 12 (1990) & 1: Ord. 19 (1988) & 1: Ord. 31(1987) &
17
1.)
3.40.150 Credit sales.
A. In the case of a sale upon credit, or a contract for sale
where the price is paid in installments, and title does not
pass until a future date, or a sale secured by a chattel
mortgage or a conditional sale, there shall be paid upon each
payment that portion of the total tax which the amount paid
bears in relation to the total purchase price.
B. If the retailer transfers, sells, assigns, or otherwise
disposes of an account receivable, then he shall be deemed to
have received the full balance of the consideration for the
original sale and shall be liable for the remittance of the
sales tax on the balance of the total sale price not
previously reported, except that such transfer, sale,
assignment, or other disposition of an account receivable by
a retailer to a closely held subsidiary, as defined in Section
3.40.020, subsection KK, paragraph 5,k shall not be deemed to
require the retailer to pay the sales tax on the credit sale
represented by the account transferred prior to the time that
the customer makes payment on said account. (Ord. 31(1987) &
1.)
3.40.160 Bad debt charge-offs.
Taxes paid on gross taxable sales represented by accounts found
to be worthless and actually charged off for income tax
purposes may be credited upon a subsequent payment of the tax
provided in this Chapter 3.40, but if any such accounts are
thereafter collected by the taxpayer, then a tax shall be paid
upon the amounts so collected. Ord. 31(1987) & 1.)
3.40.170 Exemptions.
The following goods and services shall be exempt from sales tax
under the provisions of this Chapter 3.40:
A. All sales to the United States government and to the state,
its departments and institutions and the political
subdivisions thereof in their governmental capacities only.
B. All sales made to charitable organizations in the conduct of
their regular charitable functions and activities. For the
purposes of this section, the definition of "charitable" shall
be as follows:
1. For the purpose of this section, "religious", "religious
purposes", and "quasi-governmental purposes" shall be
defined as being charitable or for charitable use only.
2. "Charitable" requires the dispensation of charity and
benevolence resulting in the rendition of service to the
community.
3. Sales to ministers, priests, rabbis, or other employees,
staff members, faculty, and students of religious or
charitable organizations for their personal use are
taxable.
C. All sales which the town is prohibited from taxing under the
18
constitution or laws of the United States, the state, or the
town's charter.
D. All sales of cigarettes.
E. Medical Supplies as set forth in Section 3.040.020, subsection
Y.
F. All sales made to schools, other than schools held or
conducted for private or corporate profit.
G. All sales of construction and building materials, as such term
is used in Section 29-2-109 of the Colorado Revised States, if
such materials are picked up by the purchaser or if the
purchaser of such materials gives to the retailer a building
permit number.
H. The transfer of tangible personal property without
consideration (other than the purchase, sale or promotion of
the transferor's product) to a vendee located outside the
town for use outside the town in selling products normally
sold at wholesale by the transferor.
I. All commodities which are taxed under the provisions of
Article 27, Title 39 of the Colorado Revised Statutes, and all
commodities which are taxed under such provisions and for
which the tax is refunded, and the sale of special fuel, as
defined in Section 39-27-201 (8) of the Colorado Revised
Statutes, used for the operation of farm vehicles are being
used on farms and ranches.
J. Exempt commercial packaging materials as set forth in Section
3.040.020, subsection P.
K. 1. All sales of construction and building materials to
contractors and subcontractors for use in the building,
erection, alteration, or repair of structures, highways,
roads, streets, and other public works owned or used by:
a. The United States government, the state, its
departments and institutions, and the political
subdivisions thereof in their governmental
capacities only;
b. Charitable organizations in the conduct of their
regular charitable functions and activities; or
c. Schools, other than schools held or conducted for
private or corporate profit.
2. On application by a purchaser or seller, the finance
director shall issue to a contractor or subcontractor a
certificate or certificates of exemption indicating that
the contractor's or subcontractor's purchase of
construction or building materials is for a purpose
stated in paragraph 1. of this subsection K and is,
therefore, free from sales tax. The finance director
shall provide forms for such application and for such
certificate and shall have the authority to verify that
the contractor or subcontractor is, in fact, entitled to
the issuance of such certificate prior to such issuance.
L. 1. Sales to and purchases of tangible personal property by
a person engaged in the business of manufacturing;
compounding for sale, profit or use, any article,
19
substance, or commodity which tangible personal property
enters into the processing of or becomes an ingredient or
component part of the product or service which is
manufactured, compounded or furnished, and the container,
label or the furnished shipping case thereof, shall be
exempt from taxation under this Chapter 3.40.
2. As used in paragraph 1. of this subsection L. with regard
to food products, tangible personal property enters into
the processing of such products and, therefore, is exempt
from taxation when:
a. It is intended that such property become an
integral or constituent part of a food product
which is intended to be sold ultimately at retail
for human consumption; or
b. Such property, whether or not it becomes an
integral or constituent part of a food product, is
a chemical, solvent, agent, mold skin casing, or
other material, is used for the purpose of
producing or inducing a chemical or physical change
in a food product or is used for the purpose of
placing a food product in a more marketable
condition and is directly utilized and consumed,
dissipated, or destroyed, to the extent it is
rendered unfit for further use, in the processing
of a food product which is intended to be sold
ultimately at retail for human consumption.
M. All sales and purchases of electricity, coal, gas, fuel oil,
coke, or nuclear fuel, for use in processing, manufacturing,
mining, refining, irrigation, construction, telecommunication
services and street and railroad transportation services and
all industrial uses.
N. In any case in which a sales tax has been imposed under this
Chapter 3.40 on lubricating oil used other than in motor
vehicles, the purchaser thereof shall be entitled to a refund
equal to the amount of the sales tax paid on that portion of
the sales tax price thereof which is attributable to the
federal excise tax imposed on the sale of such lubricating
oil. The refund allowed under this subsection N shall be paid
by the finance director upon receiving under Section 6425 of
the Internal Revenue Code of 1954, as amended a refund of~the
federal excise tax paid on the sale of such lubricating oil.
The claim for a refund shall be made upon forms furnished by
the finance department.
O. All sales and purchases of refactory materials and carbon
electrodes used by a person manufacturing iron and steel for
sale or profit and all sales and purchases of inorganic
chemicals used in the processing of vanadium-uranium ores.
P. All sales and purchases of newsprint and printer's ink for use
by publishers of newspapers and commercial printers and all
sales and purchasers of newspapers, as such term is defined in
Section 24-70-102 of the Colorado Revised Statutes.
Q. All sales of tangible personal property purchased or sold
20
within the town if delivered outside the town to the
purchaser. (Ord. 33(1988) & 4-8:Ord. 10(1988) & 3-5:Ord.
31(1987) & 1.)
R. Modified computer software programs in Section 3.040.020,
subsection Z.
S. The sale of food as defined in Section 2012 (g) of Title 7 of
the United States Code as of, and as it may be amended after,
October 1, 1987, that is purchased by the medium of exchange
commonly known as "food stamps", and the sale of food as
defined in or pursuant to Section 1786 of Title 42 of the
United States Code as of, and as it may be amended after,
October 1, 1987, that is purchased with vouchers, checks, or
similar certificates of exchange for the "Special Supplemental
Food Program" for Women, Infants, and Children.
3.40.180 Map or location guide of town boundaries.
The finance department shall make available to any requesting
vendor a map or location guide showing the boundaries of the town.
The requesting vendor may rely on such map or location guide and
any update thereof available to such vendor in determining whether
to collect a sales tax. No penalty shall be imposed or action for
deficiency maintained against a vendor who in good faith complies
with the most recent map or location guide available to such
vendor. (Ord. 31(1987) & 1.)
REFUNDS
3.40.190 Refunds.
A. A refund shall be made, or credit allowed, for the sales tax
so paid under dispute by any purchaser or user who claims an
exemption pursuant to Section 3.40.170. Such refund shall be
made by the finance director after compliance with the
following conditions precedent:
Applications for refund shall be made within sixty days after
the purchase of the goods or services whereon an exemption is
claimed and must be supported by the affidavit of the
purchaser accompanied by the original paid invoice or sales
receipt and certificate issued by the seller and shall be made
upon such forms as shall be prescribed therefor.
B. Upon receipt of an application, the finance director shall
examine the same with due speed and shall give notice to the
applicant by order in writing of his decision thereon.
Aggrieved applicants, within twenty days after such decision
is mailed to them, may petition the finance director for a
hearing on the claim in the manner provided in Section
3.40.240 and may either appeal to the district court in the
manner provided in Section 3.40.250 or to the department of
revenue in the manner provided in Section 3.40.260. The right
of any person to a refund under this Chapter 3.40 shall not be
assignable, except as provided in subsection D. of this
section, such application for refund must be made by the same
person who purchased the goads or services and paid the tax
21
thereon as shown in the invoice of the sale thereof.
C. A refund shall be made or a credit allowed by the finance
director to any person entitled to an exemption where such
person establishes that:
1. A tax was paid by another person, the purchaser, on a
purchase made on behalf of the person entitled to an
exemption;
2. A refund has not been granted to such purchaser; and
3. The person entitled to the exemption paid or reimbursed
such purchaser for such tax.
The burden of proving that sales, services, and
commodities on which tax refunds are claimed are exempt
from taxation under this Chapter 3.40 or were not at
retail shall be on the person making such claim under
such reasonable requirements of proof as set forth in the
rules and regulations prescribed therefor. No such refund
shall be made or credit allowed in an amount greater than
the tax paid.
D. Such application for refund under subsection C. of this
section shall be made on forms furnished by the finance
department. Upon receipt of such application and proof of the
matters contained therein, the finance director shall give
notice to the applicant by order in writing of his decision
thereon. Aggrieved applicants, within twenty days after such
decision is mailed to them, may petition the finance director
for a hearing on the claim in the manner provided in Section
3.40.240 and may either appeal to the district court in the
manner provided in Section 3.40.250 or to the department of
revenue in the manner provided in Section 3.40.260. Any
applicant for a refund under the provisions of this subsection
D. or any other person, who makes any false statements in
connection with an application for a refund of any taxes is
guilty of a violation of this Chapter 3.40 and shall be
punished in the manner provided by state law.
E. Claims for tax monies paid in error or by mistake shall be
made within three years after the date of purchase, storage,
use or consumption of the goods or services for which the
refund is claimed and shall be processed for refund in
accordance with the rules and. regulations prescribed therefor
under subsection D. above, except that the proceeds of any
such claim for a refund shall first be applied by the finance
department to any tax deficiencies or liabilities existing
against the claimant before allowance of such claim by the
finance department, and further except that if such excess
payment of tax monies in any period is discovered as a result
of an audit by the finance department, and deficiencies are
discovered and assessed against the taxpayer as a result of
such audit, then such excess monies shall be first applied
against any deficiencies outstanding to the date of the
assessment but shall not be applied to any future tax
liabilities.
F. If any person is convicted under the provisions of this
22
Section, such conviction shall be prima facie evidence that
all refunds received by such person during the current year
were obtained unlawfully, and the finance director is
empowered to bring appropriate action for recovery of such
refunds. A brief summary statement of the above-described
penalties shall be printed on each form for a refund. (Ord.
31(1987) & l.)
ENFORCEMENT
3.40.200 Recovery of taxes, pena]Lty and interest.
A. All sums of money paid by the purchaser to the retailer as
taxes imposed by this Chapter 3.40 shall be and remain public
money, the property of the town, in the hands of such
retailer, and he shall hold the same in trust for the sole use
and benefit of the town until paid to the finance director,
and for failure to so pay to the finance director, such
retailer shall be punished as provided herein.
B. 1. If a person neglects or refuses to make a return in
payment of the sales tax or to pay any sales tax as
required by this Chapter 3.40, within five business days
after the same are due, then the finance director
shall make an estimate, based upon such information as
may be available, of the amount of taxes due for the
period for which the taxpayer is delinquent and shall add
thereto a penalty equal to the sum of fifteen dollars for
such failure or ten percent thereof, whichever is
greater, and interest on such delinquent taxes at the
rate of one percent (1%) per month from the time the
return was due. If any part of the deficiency is due to
fraud with the intent to evade the tax, then there shall
be added one hundred percent of the total amount
deficiency and in such case, the whole amount of the tax
unpaid, including the additions, shall become due and
payable ten days after written notice and demand by the
finance director, and an additional three percent per
month on said amount shall be added from the date that
the return was due until paid.
2. Promptly thereafter, the finance director shall give to
the delinquent taxpayer written notice of such estimated
taxes, penalty, and interest, which notice of assessment
shall be sent by first-class mail directed to the last
address of such person on file with the finance
department. Such estimate shall thereupon become a
notice of deficiency. Within twenty days after the
notice.of deficiency is mailed, the taxpayer may petition
the finance director for a hearing in the manner provided
in Section 3.40.240 and either may appeal to the district
court as provided in Section 3.40.250 or to the
Department of Revenue as provided in Section 3.40.260.
C. 1. If any taxes, penalty, or interest imposed by this
Chapter 3.40 and shown due by returns filed by the
23
taxpayer or as shown by assessments duly made as provided
in this section are not paid within five days after the
same are due, then the finance director shall issue a
notice, setting forth the name of the taxpayer, the
amount of the tax, penalties and interest, and the date
of the accrual thereof and the town claims a first and
prior lien therefor on the real and tangible personal
property of the taxpayer except as to preexisting claims
or liens of a bona fide mortgagee, pledgee, judgement
creditor, or purchaser whose rights have attached prior
to the filing of the notice as provided in this section
on property of the taxpayer, other than the goods, stock
in trade, and business fixtures of such taxpayer.
2. Said notice shall be on forms furnished by the finance
department and shall be verified by the town manager or
by the finance director or any duly qualified agent of
the town manager or the finance director, whose duties
are the collection of such tax, and may be filed in the
office of the county clerk and recorder in which the
taxpayer owns real or tangible personal property, and the
filing of such notice shall create a lien on such
property in that county and constitute notice thereof.
After said notice has been filed, or concurrently
therewith, or at any time when taxes due are unpaid,
whether such notice shall have been filed or not, the
finance director may issue a warrant directed to any duly
authorized revenue collector, or the sheriff of the
county commanding him to levy upon, seize, and sell
sufficient of the real and personal property of the
amount due together with interests, penalties, and costs,
as may be provided by law, subject to valid pre-existing
claims or liens.
D. Such revenue collector or the sheriff shall forthwith levy
upon sufficient of the property of the taxpayer or any
property used by such taxpayer in conducting his retail
business, and said property so levied upon shall be sold in
all respects to with like effect and in the same manner as is
prescribed by law with respect to executions against property
upon judgment of a court of record, and the remedies of
garnishment shall apply. The sheriff shall be entitled to such
fee in executing such warrants as are allowed by law for
similar services.
E. Any lien for taxes as shown on the records of the county
clerks and recorders as provided in this section, upon payment
of all taxes, penalties, and interest covered thereby shall be
released by the finance director in the same manner as
mortgages and judgments are released.
F. 1. The finance director may also treat any such taxes,
penalties, or interest due and unpaid as debt due to the
town from the vendor. The return of the taxpayer or the
assessment made by the finance director, as provided in
this Chapter 3.40 shall be prima facie proof of the
24
amount due.
2. To recover such taxes, penalties or interest due, the
finance director may bring an action in attachment, and
a writ of attachment may be issued to the sheriff. In any
such proceedings, no bond shall be required of the
finance director, nor shall any sheriff require of the
finance director an indemnifying bond for executing the
writ of attachment or writ of execution upon any judgment
entered in such proceedings. The finance director may
prosecute appeals in such cases without the necessity of
providing bond thereof. It is the duty of the town
attorney, when requested by the finance director, to
commence action for the recovery of taxes due under this
Chapter 3.40, and this remedy shall be in addition to all
other existing remedies or remedies provided in this
Chapter 3.40.
G. In any action affecting the title to real estate or the
ownership or rights to possession of personal property, the
town may be made a party defendant for the purpose of
obtaining an adjudication or determination of its lien upon
the property involved therein. In any such action, service of
summons upon the finance director or any person of the office
of the finance director shall be sufficient service and shall
be binding upon the town.
H. The finance director is authorized to waive, for good cause
shown, any penalty and interest assessed as provided in this
Chapter 3.40.
I. If a taxpayer pays for any tax imposed pursuant to this
Chapter 3.40 by check for which there are insufficient funds
to cover such check, then the finance director may assess a
penalty against such taxpayer as follows:
1. Fifteen dollars for the first violation;
2. Thirty dollars for the second violation; and
3. Seventy-five for each additional violation.
If a penalty of thirty-five or more has been assessed
against a taxpayer by the finance director, then the finance
director may require such taxpayer to pay all tax payments,
whether due or to be due in the future, by certified funds,
cashier's check or cash. The penalty imposed by this
subsection I. above is in addition to all other penalties
imposed pursuant to this Chapter 3.40.
J. If any person, firm, or corporation liable for the payment
of any tax covered by this chapter has repeatedly failed,
neglected, or refused to pay the same within the time
specified for such payment, and the town has been required to
issue distraint warrants to enforce the collection of any
taxes due from such taxpayer, the finance director is hereby
authorized to assess and collect the amount of such taxes
due, together with all interest and penalties provided
therefore by law, and also, the following additional penalties
for recurring distraint warrants:
1. Three, four, or five consecutive distraint warrants
25
issued: fifteen percent of the delinquent taxes,
interest and penalties due or the sum of twenty-five
dollars, whichever is greater;
2. Six or more consecutive distraint warrants: thirty
percent of the delinquent taxes, interest, and penalties
due or the sum of fifty dollars, whichever is greater.
(Ord. 33(1988) & 9, Ord. 31(1987) & 1.)
3.40.210 Tax lien.
A. 1. The sales tax imposed pursuant to Section 3.40.120 shall
be a first and prior lien upon the tangible personal
property and business fixtures of or used by any retailer
under lease, title retaining contract, or other contract
arrangement, excepting stock of goods sold or for sale in
on the other liens or claims of whatsoever kind or
nature.
2. Any retailer who sells out his business or stock of
goods, or quits business, shall be required to make out
the return as provided in this Chapter 3.40 within ten
days after the date he sold his business or stock of
goods, or quit business, and his successor in business
shall be required to withhold sufficient purchase money
to cover the amount of said taxes due and unpaid until
such time as the former owner produces a receipt from the
finance director showing that the taxes have been paid or
a certificate that no taxes are due.
3. If the purchaser of a business or stock of goods fails to
withhold the purchase money as provided in paragraph 2.
of this subsection A. and the taxes are due and unpaid
after the ten day period allowed, he, as well as the
vendor, shall be personally liable for the payment of the
taxes unpaid by the former owner. Likewise, anyone who
takes any stock of goods or business fixtures of or used
by any retailer under lease, title retaining contract, or
other contract arrangement, by purchase, foreclosure
sale, or otherwise, talces the same subject to the lien
for any delinquent sales taxes owned by such retailer and
shall be liable for payment of all delinquent sales taxes
of such prior owner, not, however, exceeding the value of
property so taken or acquired.
B. Whenever the business or property owner of any taxpayer
subject to this Chapter 3.40 shall be placed in receivership,
bankruptcy, or assignment for the benefit of creditors, or
seized under distraint for property taxes, all taxes,
penalties, and interest imposed by this Chapter 3.40 and for
which said retailer is in any way liable under the terms of
this Chapter 3.40 shall be a. prior and preferred claim
against all the property of said taxpayer, except as to pre-
existing claims or liens of a bona fide mortgagee, pledgee,
judgment creditor, or purchaser whose rights shall have
attached prior to the filing of the notice as provided in
Section 3.40.200, subsection C, 2. on the property of the
2G
taxpayer, other than the goods, stock in trade, and business
fixtures of such taxpayer. No sheriff, receiver, assignee, or
other officer shall sell the property of any person subject to
this Chapter 3.40 under process or order of any court without
first ascertaining from the finance director the amount of any
taxes due and payable under this Chapter 3.40, and if there
are any such taxes due, owing, or unpaid, it is the duty of
such officer to first pay the amount of said taxes out of the
proceeds of said sale before making payment of any monies to
any judgment creditor or other claims of whatsoever kind or
nature, except the costs of the proceedings and other pre-
existing claims or liens as provided in this section. For the
purposes of this subsection B.,"taxpayer" includes "retailer".
(Ord. 31(1987) & 1.)
3.40.220 Interest on underpayment, overpayment, nonpayment or
extensions of time for payment of tax.
A. If any amount of sales tax is not paid on or before the last
date prescribed for payment, then interest on such amount at
the rate of one percent (1%) per month shall be paid for the
period from such last date to the date paid. The last date
prescribed for payment shall be determined without regard to
any extension of time for payment and shall be determined
without regard to any notice and demand for payment issued, by
reason of jeopardy, prior to the last date otherwise
prescribed for such payment. In the case of a tax in which the
last date for payment shall be deemed to be the date that the
liability for the tax arises, and in no event shall such date
be later than the date that notice and demand for the tax is
made by the finance director.
B. Interest prescribed under this section and Section 3.40.200,
subsection B shall be paid upon notice and demand and shall
be assessed, collected, and paid in the same manner as the tax
to which such interest is applicable.
C. If any portion of a tax is satisfied by credit of an over-
payment, then no interest shall be imposed under this section
on the portion of the tax so satisfied for any period, during
which, if the credit has not been made, interest would have
been allowed with respect to such overpayment.
D. Interest prescribed under this section and Section 3.40.200,
subsection B on any sales tax may be assessed and collected at
any time during the period within which the tax to which such
interest relates may be assessed and collected. (Ord.
31(1987) & 1.)
3.40.230 Other remedies.
No provisions of this Chapter 3.40 shall preclude the town
from utilizing any other lawful penalties or other remedies
-applicable to the collection of sales taxes. (Ord. 31(1987) & 1.)
HEARINGS AND APPEALS
27
3.40.240 Hearings by finance director.
A. An appeal of a notice of assessment issued to a vendor or
taxpayer for failure to file a return, underpayment of tax
owed or as a result of an audit shall be submitted in writing
to the finance director within twenty calendar days from the
date of the notice of assessment. Any such appeal shall
identify the amount of tax disputed and the basis for the
appeal.
B. An appeal of a denial of a refund shall be submitted in
writing to the finance director within twenty calendar days
from the date of the denial of the refund and shall identify
the amount of the refund requested and the basis for the
appeal a vendor or taxpayer.
C. An appeal of a decision of the finance director in a hearing
held pursuant to Sections 3.40.250 and 3.40.260 shall be
commenced within 30 days of such decision.
3.40.250 Review by district court.
A. If the petitioner or if an applicant for a refund is aggrieved
at the final decision of the finance director then he may
,proceed to have same reviewed by the district court. The
procedure of review shall be in accordance with Rule 106 (a) (4)
of the Colorado Rules of Civil Procedure.
B. Within fifteen days after filing a notice of appeal as
provided in this section, the taxpayer shall file with the
district court a surety bond in twice the amount of the taxes,
and other charges stated in the final decision by the finance
director that are contested on appeal. The taxpayer may, at
his option, satisfy the surety bond requirement by a savings
account or deposit in or a, certificate of deposit issued by a
state or national bank or by a state or federal savings and
loan association, in accordance with the provisions of Section
11-35-101(1) of the Colorado Revised Statutes, equal to twice
the amount of the taxes, interest, and other charges stated in
the final decision by the finance director. The taxpayer may,
at his option, deposit the disputed amount with the finance
director in lieu of posting a surety bond. If such amount is
so deposited, no further interest shall accrue on the
deficiency contested during the pendency of the action. At the
conclusion of the action, after appeal to the Supreme Court
or the Court of Appeals of the State or after the time for
such appeal has expired, the funds deposited shall be, at the
direction of the district court, either retained by the
finance director and applied against the deficiency or
returned in whole or part to the taxpayer with interest at the
rate imposed pursuant to Section 3.40.220. No claim for refund
of amounts deposited with the finance director need be made by
the taxpayer in order for such amounts to be repaid in
accordance with the direction of the district court.
C. The district court shall have original jurisdiction in
proceedings to review all questions of law and fact determined
28
by the finance director in administering the provisions of
this Chapter 3.40 by writ under rule 106 (a) (4) of the Colorado
Rules of Civil Procedure. Any writ issued pursuant to this
subsection C. shall be issued by the clerk of the district
court upon a verified petition of the taxpayer filed within
twenty days after notice of the decision of the finance
director in any such matter. Such writ shall be served within
five days after its issuance and shall be returnable at such
time as the district court may determine, not less than ten
days nor more than twenty days after the date of issuance of
such writ. The finance director shall certify the record of
his proceedings to the district court.
D. The decision of the district court may be reviewed in the
Supreme Court of the State upon writ of error by any party
thereto. (Ord. 31(1987) & 1.)
3.40.260 Alternate review by department of revenue.
In lieu of the procedure provided for in Section 3.40.250, the
taxpayer may elect a hearing on the finance director's final
decision on a deficiency notice or claim for refund pursuant to
procedure set forth in this Section 3.40.260.
A. As used in this Section 3.40.260, "State hearing" means a
hearing before the executive director of the department of
revenue or a delegate thereof as provided in Section 29-2-
106.1(3) of the Colorado Revised Statutes.
B. When the finance director asserts that sales tax is due in an
amount greater than the amount paid by a taxpayer, then the
finance director shall mail a deficiency notice to the
taxpayer by certified mail. The deficiency notice shall
state the additional sales tax is due. The deficiency
notice shall contain notification, in clear and conspicuous
type, that the taxpayer has the right to elect a state
hearing on the deficiency pursuant to Section 29-2-106.1(3) of
the Colorado Revised Statutes. The taxpayer shall also have
the right to elect a state hearing on the finance director's
denial of such taxpayer's claim for a refund of sales tax
paid.
C. The taxpayer shall request the state hearing within thirty
days after the taxpayer's exhaustion of local remedies. The
taxpayer shall have no right to such hearing if he has not
exhausted local remedies or if he fails to request such
hearing within the time period of this subsection C. For
purposes of this subsection C., "exhaustion of local remedies"
means:
1. The taxpayer has timely requested in writing a hearing
before the finance director, and the finance director has
held such hearing and issued a final decision thereon.
Such hearing shall be informal, and no transcript, rules
of evidence or filing of briefs shall be required, but
the taxpayer may elect to submit a brief, in which case
the finance director may submit a brief. The finance
director shall hold such hearing and issue the final
29
decision thereon within ninety days after the finance
director's receipt of the taxpayer's written request
therefor, except that the town may extend such period if
the delay in holding the hearing or issuing the decision
thereon was occasioned by the taxpayer, but, in any such
events, the finance director shall hold such hearing and
issue the decision thereon within one hundred and eighty
days of the taxpayer's request in writing therefor; or
2. The taxpayer has timely requested in writing a hearing
before the finance director, and the finance director has
failed to hold such hearing or has failed to issue a
final decision thereon within the time periods prescribed
in subsection C. of this section.
D. If a taxpayer has exhausted his local remedies as provided in
subsection C, 1. of this section, then the taxpayer may
request a state hearing on such deficiency notice or claim for
refund, and such hearing shall be conducted in the same manner
as set forth in Section 29-2-106.1(3) through (7),
inclusive,of the Colorado Revised Statutes.
E. If the deficiency notice or claim for refund involves only the
finance director, then in lieu of requesting a state hearing,
the taxpayer may appeal such deficiency or denial of a claim
for refund to the district court as provided in Section 29-2-
106.1(8) of the Colorado Revised Statutes, if the taxpayer
complies with the procedures set forth in subsection C. of
this section.
F.~ No provision of this section shall prohibit the taxpayer from
pursuing judicial review of a final decision of the finance
director as otherwise provided in Section 3.40.250. (Ord.
31(1987) & 1.)
3.40.270 Amendments.
The town council may amend, alter or change this chapter, except as
to the four percent rate of tax imposed in this chapter,
subsequent to adoption by a majority vote of the town council. Such
amendment, alteration or change need not be submitted to the
electors of the town for their approval. (Ord. 31(1987) & 1.)
3.40.280 Violation-Penalty.
Any person convicted of violating any of the provisions of this
chapter shall be punished by a fine, not to exceed five hundred
dollars or by imprisonment for not more than ninety days,
or by both such fine and imprisonment. (Ord. 31(1987) & 1.)
MISCELLANEOUS
3.40.290 Coordinated Audit.
A. Any taxpayer licensed in the Town pursuant to Section 3.40.110
and holding a similar sales tax license in at least four other
Colorado municipalities that administer their own sales tax
collection, may request a coordinated audit as provided
herein.
30
B. Within 14 days of receipt of notice of an intended audit by
any municipality that administers its own sales tax
collection, the taxpayer may provide to the finance director
of this Town, by certified mail, return receipt requested, a
written request for a coordinated audit indicating the
municipality from which the notice of intended audit was
received and the name of the official who issued such notice.
Such request shall include a list of those Colorado
municipalities utilizing local collection of their sales tax
in which the taxpayer holds a current sales tax license and a
declaration that the taxpayer will sign a waiver of any
passage-of-time based limitation upon this Town's right to
recover tax owed by the vendor for the audit period.
" C. Except as provided in paragraph (G), any taxpayer that submits
a complete request for a coordinated audit and promptly signs
a waiver of the Town's statute of limitations found in section
3.40.100 may be audited by the Town during the twelve months
after such request is submitted only through a coordinated
audit involving all municipalities electing to participate in
such an audit.
D. If this Town desires to participate in the audit of a taxpayer
that submits a complete request for a coordinated audit
pursuant to paragraph (c), the finance director shall so
notify the finance director of the municipality whose notice
of audit prompted the taxpayer's request within ten days after
receipt of the taxpayer's request for a coordinated audit.
The finance director shall then cooperate with other
participating municipalities in the development of
arrangements for the coordinated audit, including arrangement
of the time during which the coordinated audit will be
conducted, the period of time to be covered by the audit, and
a coordinated notice to the taxpayer of those records most
likely to be required for completion of the coordinated audit.
E. If the taxpayer's request for a coordinated audit was in
response to a notice of audit issued by this Town, this Town's
finance director shall facilitate arrangements between this
Town and other municipalities participating in the coordinated
audit unless and until an official from some other
participating municipality agrees to assume this
responsibility. The finance director shall cooperate with
other participating municipalities to, whenever practicable,
minimize the number of auditors that will be present on the
taxpayer's premises to conduct the coordinated audit on behalf
of the participating municipalities. Information obtained by
or on behalf of those municipalities participating in the
coordinated audit may be shared only among such participating
municipalities.
F. If the taxpayer's request for a coordinated audit was in
response to a notice of audit issued by this Town, this Town's
finance director shall, once arrangements for the coordinated
audit between the Town and other participating municipalities
are completed, provide written notice to the taxpayer of which
31
municipalities will be participating, the period to be audited
and the records most likely to be required by participating
municipalities for completion of the coordinated audit. The
finance director shall also propose a schedule for the
coordinated audit.
G. The coordinated audit procedure set forth in this section
shall not apply:
(i) When the proposed audit is a jeopardy audit,
(ii) To audits for which a notice of audit was given prior to
the effective date of this section,
(iii) When a taxpayer refuses to promptly sign a waiver of the
Town's statute of limitations found in section 3.40.100.
(iv) When a taxpayer fails to provide a timely and complete
request for a coordinated audit as provided in paragraph (B) .
3.40.300 Intercity claims for recovery.
The intent of this section is to streamline and standardize
procedures related to situations where tax has been remitted to the
incorrect municipality. It is not intended to reduce or eliminate
the responsibilities of the taxpayer or vendor to correctly pay,
collect, and remit sales taxes to the Town.
A. As used herein, "Claim for Recovery" means a claim for
reimbursement of sales taxes paid to the wrong taxing
jurisdiction.
B. When it is determined by the Director of Finance of the Town
that sales tax owed to the Town has been reported and paid to
another municipality, the Town shall promptly notify the
vendor that taxes are being improperly collected and remitted,
and that as of the date of the notice the vendor must cease
improper tax collections and remittances.
C. The Town may make a written Claim for Recovery directly to the
municipality that received tax and/or penalty and interest
owed to the Town, or, in the alternative, may institute
procedures for collection of the tax from the taxpayer or
vendor. The decision to make a Claim for a Recovery lies in
the sole discretion of the Town. Any Claim for Recovery shall
include a properly executed release of claim from the taxpayer
and/or vendor releasing its claim to the taxes paid to the
wrong municipality, evidence to substantiate the Claim, and a
request that the municipality approve or deny in whole or in
part, the claim within ninety (90) days of its receipt. The
municipality to which the Town submits a Claim for Recovery
may, for good cause, request an extension of time to
investigate the Claim, and approval of such extension by the
Town shall not be unreasonably withheld.
D. Within ninety (90) days after receipt of a Claim for Recovery,
the Town shall verify to its satisfaction whether or not all
or a portion of the tax claimed was improperly received, and
shall notify the municipality submitting the Claim in writing
that the Claim is either approved or denied in whole or in
part, including the reasons for the decision. If the Claim is
approved in whole or in part, the Town shall remit the
32
undisputed amount to the municipality submitting the Claim
within thirty (30) days of approval. If a Claim is submitted
jointly by a municipality and a vendor or taxpayer, the check
shall be made to the parties jointly. Denial of a Claim for
Recovery may only be made for good cause.
E. The Town may deny a Claim on the grounds that it has
previously paid a Claim for Recovery arising out of an audit
of the same taxpayer.
F. The period subject to a Claim for Recovery shall be limited to
the thirty-six (36) month period prior to the date the
municipality that was wrongly paid the tax receives the Claim
for Recovery.
3.40.310 Notice of sales tax ordinance amendment.
A. In order to initiate a central register of sales and use tax
ordinances for municipalities that administer local sales tax
collection, the Finance Director of the Town shall file with
the Colorado Municipal League prior to the effective date of
this section a copy of the Town sales tax ordinance reflecting
all provisions in effect an the effective date of this
section.
B. In order to keep current the central register of sales tax
ordinances for municipalities that administer local sales tax
collection, the Finance Director of the Town shall file with
the Colorado Municipal League prior to the effective date of
any amendment a copy of each sales tax ordinance amendment
enacted by the Town.
C. Failure of the Town to file such ordinance or ordinance
amendment pursuant to the section shall not invalidate any
provision of the sales tax ordinance or any amendment thereto.
3.40.320 Participation in simplification meetings.
The Finance Director shall cooperate with and participate on an as
needed basis with a permanent statewide sales and use tax committee
convened by the Colorado Municipal League which is composed of
state and municipal sales and use tax and business officials. Said
committee will meet for the purpose of discussing and seeking
resolution to sales and use tax problems which may arise.
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.
33
4. The repeal or the repeal and re-enactment 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 re-enacted. 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, theretofore repealed.
INTRODUCED, READ AND APPROVED ON FIRST READING this 19th day
of November, 1991, and a public hearing shall be held on this
ordinance on the 3rd day of December, 1991, at 7:30 p.m. in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordered published in full this day of , 1991.
Margaret A. Osterfoss, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED THIS DAY OF ,
1991.
Margaret A. Osterfoss, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
34
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 11, 1991
SUBJECT: A request to amend Section 18.52, Off-Street Parking and Loading, of the
Town's zoning ordinance to allow car rental businesses to lease parking spaces
in the Commercial Core III zone district.
Applicant: Peter Jacobs of Days Inn
Planner: Andy Knudtsen
I. DESCRIPTION OF THE PROPOSED USE
The applicants for this proposal are Peter Jacobs, the owner of the property, and Alan
Lyberger, the manager of Thrifty Car Rental. On March 5, 1991, Thrifty was notified by the
Town of Vail planning staff that the zoning code does not allow a commercial car rental
business to be operated out of the parking lot of the Days Inn lodge. The applicant has
requested that the code be amended to make his car rental business legal.
The specific changes to the code involve Section 18.52.170. This is a section of the Off-
Street Parking and Loading chapter of the zoning code. It speaks directly to leasing parking
spaces between two private parties. The section allows a commercial use, which has excess
parking spaces, to lease these spaces to another party. The lease must be approved by the
zoning administrator, and must meet specific conditions listed under this section. These
standards are provided below for the Planning and Environmental Commission's information.
The current code does not allow leasing to occur in the CCIII zone district and excludes rental
car agencies from leasing spaces in all zone districts. The code amendment proposal would
modify these two limitations. In addition to these requested changes, staff is proposing to put
a cap on the total amount of spaces which could be leased by rental car agencies, and is
proposing to modify the length of lease allowed. There will be no chance to the requirement
for a lease proposal to be approved by the zoning administrator. Even if these amendments
are approved, the Town could deny a proposal that caused a parking problem or was not
appropriate for a given site.
II. SPECIFIC CHANGES
Below is the section of the code regulating the leasing of parking spaces. The text to be
deleted is shown below with evefstrilEe, and the text to be added is shown in grey.
1
d
Section 18.52.170 -Leasing of Parking Spaces
A. No owner, occupant or building manager, or their respective agent or
representative, shall lease, rent, convey or restrict the use of any parking
space, spaces or area to any person other than a tenant, occupant or user of
the building for which the space, spaces or area are required to be provided by
the zoning ordinances or regulations of the Town, except as may be specifically
provided in this section.
B. A parking space, spaces or areas may be leased by the owner, occupant or
building manager thereof in accordance with the following:
1. Any owner, occupant or building manager who owns, occupies or
manages 10 or more private parking spaces located in Commercial Core
I, Commercial Core II, Ca.mmercta~ Ctrl C~1~ High Density Multiple-
Family, Public Accommodations or Special Development zone districts
and provides sufficient parking for use by employees may apply to the
zoning administrator of the Town for a permit to lease parking spaces.
2. Application shall be made on a form provided by the zoning
administrator and upon approval of the application by the zoning
administrator a leasing permit shall be issues with or without condition
as determined by the zoning administrator. If said private parking
spaces are located on the common area or grounds of any
condominium project, written approval of the condominium association (if
any) will be required on this application.
3. The zoning administrator may request that an applicant conduct a
parking utilization study to determine the difference between the average
capacity of the lot and the peak day utilization, and such other
information as may be necessary for the proper consideration of the
application.
4. Repealed by Ord. 31(1985) § 1.
5. The proposed lease agreement shall be #Fr. tha-pe~ied-ef-~e#~ess thG::
eet#s-f~E r:
er~tnanz-cvv~'~`;e~ i:: th;?-~e~t;or,-fora eriod of one ear from the ~i~te
P . _ y
i7f approval artd may be extenf~d in one year increments;
6. No applicant shall be permitted to lease more than 60% of his parking
spaces which are the difference between the average capacity of the lot
and the peak day utilization as determined by the zoning administrator.
7. No applicant who is operating a private parking area charging an hourly
fee thereof on the effective date of the ordinance codified in this section
shall be eligible for approval of his application.
2
8. Parking required for any use in accordance with this title may not be
satisfied by the leasing of space from another person under the
provisions of this section.
9. It shall be the responsibility of the owner, occupant or building manager
who has leased spaces to others to provide adequate and proper signs
therefor and to see that the leased spaces are used and occupied in
accordance with the lease agreement.
10. Leasing shall be permitted for short term parking only, and shall be
prohibited for long term storage of vehicles by individuals or companies.
sxsr°:~Is f~~4 nr-,: ~;~-~wa~r-ef~iaxt~'.ar~~=er:tul ea-.
Y1: far rental ag~ncEes may lease parking spaces only to lbs ~C4~i zone
distract, and shall be lrmrfed fro a max~triurn of 15 park~rlg spaces;
III. EVALUATION OF THIS REQUEST.
The four issues which staff identified during our review of this proposal include:
1. Will the proposal be compatible with the Land Use Plan?
2. Would the proposed lease use be compatible with surrounding uses in CCIII?
3. Will the visual impacts be acceptable?
The Land Use Plan designates this area as Community Commercial (CC). Specifically, the
Land Use Plan states that:
"This area is designed to meet consumer demands from community residents.
Primary uses would include supermarkets, dry cleaning establishments,
hardware stores, service stations, financial institutions and medical offices. The
design of these facilities would be oriented toward vehicular access and
parking."
Because the Land Use Plan specifically calls for CCIII to be oriented toward parking vehicular
access, staff believes that the leasing of parking spaces in this zone district is reasonable.
Concerning uses, staff believes that the leasing of parking spaces is a use that can be
compatible in most commercial zone districts. Given that it is allowed in both CCI and CCII,
staff sees no reason to prohibit it in CC111. It is important to point out that the change in the
code allows the applicant to apply to the Town for the right to lease spaces. After an
application is made, the Town will review the proposal and ensure it is reasonable and does
not create a parking problem. The potential for this kind of use is one that staff believes is
reasonable to be located in the CCIII zone district.
3
The last staff concern was the visual problem caused by parking. In general, staff believes
that parking lots are the least attractive component of any site development. Along these
lines, staff believes it is reasonable to put a cap of 15 cars on uses like this in an attempt to
reduce the number of cars which are stored in a parking lot. Staff believes that a 15 car limit
is a reasonable amount to apply to a car rental business.
IV. CONCLUSION
Staff supports the proposed change to the zoning code. We believe that allowing leasing to
occur in the CCIII zone district is reasonable, that rental car agencies are similar to other
commercial business proposing to lease car spaces, and that they should not be excluded
from this section of the code. For a request like this, the Planning and Environmental
Commission should make a recommendation, either for approval or denial, and staff will take
the recommendation to the Town Council.
c:\pec\memos\carrent. N 11
4
ORDINANCE NO. 47
Series of 1991
AN ORDINANCE AMENDING SECTION 18.52.170 -LEASING
OF PARKING SPACES, OF THE VAIL MUNICIPAL CODE,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail currently allows private parties to lease parking spaces on
property located in CCI, CCII, HDMF, PA and SD zone districts; and
WHEREAS, it is the belief of the Town Council that the CCIII zone district is not unlike
other commercial zone districts in which such leasing is allowed; and
WHEREAS, it is the belief of the Town Council that private parties should be able to lease
parking spaces in the CCIII zone district; and
WHEREAS, the Town Council wishes to extend the period of terms for which such parking
spaces may be leased from 10 to 12 months and allow for extensions of such lease; and
WHEREAS, the Town Council wishes to permit rental car companies to lease such spaces
in the Commercial Core III zone district; and
WHEREAS, the Planning and Environmental Commission has recommended that, in
certain cases, additional landscaping may be an appropriate requirement for some lease
proposals; and
WHEREAS, the Planning and Environmental Commission reviewed the proposed
municipal code change on November 11, 1991, and recommended approval of the amendment
by a 6-0 vote.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1
Section 18.52.170(6) -Leasing of Parking Spaces, is hereby amended to read as follows:
18.52.170
B. A parking space, spaces or areas may be leased by the owner, occupant or
building manager thereof in accordance with the following:
1. Any owner, occupant or building manager who owns, occupies or manages
10 or more private parking spaces located in Commercial Core I,
Commercial Core II, C,~rramercial Care Il;l; High Density Multiple-Family,
Public Accommodations or Special Development zone districts and
provides sufficient parking for use by employees may apply to the zoning
administrator of the Town for a permit to lease parking spaces.
1 /
2. Application shall be made on a form provided by the zoning administrator
and upon approval of the application by the zoning administrator a leasing
permit shall be issued with or without condition as determined by the
zoning administrator 1f tha TotNn staff determ~nasthat tl~e ie~se proposal
results in a usual ,impact. to surrounding ~tree~s ~r p~Qperty, th~oring
~dmirrstrator: may condition the approval ;with requirement that : t~
applic~rtl; instalt landscaping ~tl the site ~o improve tf~e visual appeararcp
of the :parking area: If said private parking spaces are located on the
common area or grounds of any condominium project, written approval of
the condominium association (if any) will be required on this application.
3. The zoning administrator may request that an applicant conduct a parking
utilization study to determine the difference between the average capacity
of the lot and the peak day utilization, and such other information as may
be necessary for the proper consideration of the application.
4. Repealed by Ord. 31(1985) § 1.
5. The proposed lease agreement shall be for the period of not less than one
month nor greater than tern tiA±eive months #fcr;i t € the
i:~ this--ses~tie~ Vlthe~t';~`~q~~s~pd~ ~rtd..thte;;zc3rtirtg
~dm~n~strator may extend;;the lease agr~emenifor err addtional:l~ ~rronth
so iorg as ;;the conditions relating ; to t~rwr parking spaces heave ;not
s,gnificantly changed; Any applicant wrshing tar an extens~or~ tc~ ari
established base ~greeme~t, must submCt an applECatrsan tc~ the zor~irig
adm~nistratnr, no later than two weeks pnor to;the 1:ermir*atian of the exCStin
pproval!>
6. No applicant shall be permitted to lease more than 60% of #~+s tl't~ parking
spaces which ale is the difference between the average capacity of the lot
and the peak day utilization as determined by the zoning administrator.
2
7. No applicant who is operating a private parking area charging an hourly fee
t#eree# on the effective date of the ordinance codified in this section shall
be eligible for approval of his or>a'er application.
8. Parking required for any use in accordance with this title may not be
satisfied by the leasing of space from another person under the provisions
of this section.
9. It shall be the responsibility of the owner, occupant or building manager
who has leased spaces to others to provide adequate and proper signs
therefor and to see that the leased spaces are used and occupied in
accordance with the lease agreement.
10. Leasing shall be permitted for short term parking only, and shall be
prohibited for long term storage of vehicl{,es by individuals or companies.
+r~e~iag, b9~"wa~-e#~ijc~plFi ?ait cet Ci,t"way--e# -I+c::itGt.v.i, i Fi..t41 ei4r
ag~-~sie~
'l 1. far rental agencies' ma~r..lease parl~n~ spaces pn~y irl the. CClll zene
district, and shall be l~mEted to a maximum of ~5 parking spaces perslte.
!Each sate may be allowed a maximum<;of one lease' for a car rental: agency
Section 2
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect 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 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.
3
Section 4
The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under of 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 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, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL, this day of , 1991. A public hearing shall be held hereon
on the day of , 1991, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the Town.
Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1991.
Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
4
RESOLUTION NO. 23
SERIES 1991
A RESOLUTION DECLARING THE INTENTION OF THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, TO CREATE A LOCAL IMPROVEMENT DISTRICT
COMMONLY REFERRED TO AS "UTILITY UNDERGROUND DISTRICT NO. 1
WITHIN THE BOUNDARIES OF THE TOWN OF VAIL
FOR THE PURPOSE OF
CONVERTING EXISTING OVERHEAD ELECTRIC FACILITIES
TO UNDERGROUND LOCATIONS; ADOPTING THE DETAILS AND SPECIFICATIONS
THEREFORE; AND ORDERING PUBLICATION AND MAILING OF
NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED
FOR THE IMPROVEMENTS IN SAID DISTRICT.
WHEREAS, the Town Council of the Town of Vail, Colorado, has determined to create a
local improvement district pursuant to the provisions of the Colorado Underground. Conversion
of Utilities Act (29-8-101 Colorado Revised Statutes, et sea.), and to provide for the relocation of
overhead electric facilities to underground locations and to assess the cost against the property
benefitted and included within the Improvement District; and
WHEREAS, the Town Council has heretofore adopted a resolution directing Holy Cross
Electric, Inc. (Holy Cross) who provides and serves the proposed district with electric facilities and
service to make a study of the cost of conversion of the facilities to underground services; and
WHEREAS, the Town of Vail, pursuant to said resolution, have caused Schmueser
Gordan Meyer, Inc. to prepare a report setting forth the costs and feasibility of the proposed
project, which report has been filed with the Town Clerk; and
WHEREAS, the Town Council has examined and considered the report by the public utility
company;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Section 1
That the report setting forth an estimate of the costs and feasibility for the conversion of
existing overhead electric and communication facilities to underground service, prepared and filed
with the Town Clerk, be and the same is hereby approved and adopted for use in the construction
of the improvements to be made in said Improvement District.
Section 2
That the removal of all and any part of the existing electric facilities, including but not
limited to overhead electric facilities and the replacement thereof with underground electric
facilities, will promote the public convenience, necessity and welfare.
1
Section 3
That the property to be assessed for said improvements shall be the property included
within the District boundaries, as depicted by that area designated in Exhibit "A", annexed hereto
and incorporated herein, and specially benefitted by said improvements; the area and boundaries
of the proposed Improvement District is follows:
The District Boundaries include all of Bighorn Subdivision, Fifth Addition and Gore Creek
Meadows Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3,
4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1 A, Block 1 A; Lots
1, 2, 3, 6, and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, Block
7.
Section 4
That the costs and expenses of the District created and depicted in Exhibit "B" are, except
as otherwise provided for, to be levied and assessed upon the abutting, adjoining, and adjacent
lots and lands along or upon which improvements are to be made, and upon other lots and lands
benefitted by such improvements as depicted in Exhibit "B", as annexed hereto and incorporated
herein.
Section 5
The improvements shall consist of removing overhead electric facilities, including but not
limited to electric poles, lines and other equipment, and replacing the same with underground
electric facilities, except certain terminal and utility boxes or pedestals, which will be above
ground, and including all necessary changes to the service entrance equipment of each structure
and residence. The lines will be installed in trenches and ditches which will be placed across
present easements and across those lots and tracts of land as the public utility companies shall
determine necessary and feasible for the location of such underground lines, and as shown on
the reports presently on file with the Town Clerk.
The Town Council has determined that special benefits will accrue to each lot and tract
of land within the District as a result of the relocation of utility lines and equipment, such benefits
consisting of the elimination of unsightly lines and poles, and for the greater safety of the
residents, particularly children, within the District.
Section 6
That the present total estimated cost of the proposed removal of all existing overhead
electric facilities within the District, and the replacement of the same with underground electric,
2
facilities is the amount of
Section 7
A public hearing on the proposed improvements and the question of benefit to be derived
by the real property in the District shall be held by the Town Council at 7:30 p.m. on ,
in the Town Council Chambers, Vail Municipal Building, 75 S. Frontage Rd., Vail, Colorado.
Section 8
The Town Clerk shall cause notice of the proposed improvements and the hearing thereon
to be published in full one time in the Vail Trail, a newspaper of general circulation in the Town,
specifically, on fn addition, the Town Clerk shall cause a copy of the notice to be
mailed to the last known address of each owner of land within the proposed district whose
property will be assessed for the cost of the improvement utilizing the address last appearing on
the real property records of the Eagle County Treasurer; and also, a copy of such notice to be
addressed to "owner" and shall be so mailed, addressed to the street number of each piece of
improved property to be affected by the assessment. Both written notices shall be mailed to the
owners of affected property within the District no later than
The Notice to be published and mailed as herein depicted shall be in substantially the
following form:
NOTICE OF INTENTION TO CREATE A LOCAL IMPROVEMENT DISTRICT,
COMMONLY KNOWN AS THE "UTILITY UNDERGROUND DISTRICT" IN THE TOWN
OF VAIL, COLORADO, FOR THE PURPOSE OF REMOVING EXISTING OVERHEAD
ELECTRIC FACILITIES, AND TO REPLACE THE SAME WITH UNDERGROUND
ELECTRIC FACILITIES, AND NOTICE OF A HEARING THEREON.
(a) All owners of real estate and property hereinafter described, and all persons
generally, are hereby notified that there was filed with the Clerk of the Town of Vail, Colorado,
a report prepared by Schmueser Gordan Meyer, Inc. on behalf of the Town of Vail, Inc. as to the
cost and feasibility of the removal of existing overhead electric facilities and replacing the same
with underground electric facilities within a proposed underground local improvement district within
the present boundaries of the Town of Vail, to be know as Local Underground District No. 1. Said
persons are further notified as follows:
(b) The boundary of the District shall be as depicted by Exhibit "A", and is as follows:
The District Boundaries include all of Bighorn Subdivision, Fifth Addition and Gore Creek
Meadows Filing No. 1 exclusive of the following in Bighorn Subdivision, Fifth Addition; Lots 2, 3,
4 and 6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3; Lot 1A, Block 1A; Lots
3
1, 2, 3, 6, and 8, Block 4; Lots 1, 4, 6, 8 and 11, Block 5; Lots 3, 4, 7, 8, 12, 18, 19 and 20, Block
7.
(c) The improvements shall consist of trenching, undergrounding electric facilities and
backfilling the same, except certain terminal and utility boxes of pedestals which shall be above
ground, and including all necessary changes to the service entrance equipment of each structure
and residence, all as more particularly set forth in the cost and feasibility report. The lines will
be installed in trenches and ditches which will be placed across present easements and across
those lots and tracts of land as the public utility companies shall determine necessary and
feasible for the location of such underground lines.
The Town Council has determined that special benefits will accrue to each lot and tract
of land within the District as a result of the removal and replacement of utility lines and
equipment, such benefits consisting of the elimination of unsightly lines and poles, and for the
greater safety of the residents, particularly children, within the District.
(d) The estimated total cost of the project as determined from the cost and feasibility
report by Holy Cross including the cost of the improvement, engineering and clerical services,
advertising, inspection, collection of assessments, interest on bonds, and legal services for
preparing proceedings and advising in regard thereto, is the amount of
(e) It is proposed that the cost of the project shall be paid and assessed as depicted
in Exhibit "B". In the event the actual conversion and incidental costs are less than the estimated
conversion and incidental costs, each owner within the Improvement District shall receive the
benefit prorated in such form and at such time as the Council may determine.
(f) A public hearing on the proposed improvements and the question of benefit to be
derived by the real property in the District shall be held by the Town Council at 7:30 p.m. on
in the Town Council Chambers, Vail Municipal Building, 75 S. Frontage Rd., Vail,
Colorado.
(g) Any interested person desiring to be heard upon the issue of the creation of the
District and the question of whether the owner's property will be benefitted by the proposed
improvements may appear at the time and place set for the public hearing. Every person who
owns real property within the boundaries of the District, and who fails to appear before the Town
Council at the hearing and make any objection he or she may have to the creation of the District,
the making of the improvements and the inclusion of his or her real property in the District, shall
be deemed to have waived such objection. Such waiver shall not, however, preclude his or her
4
right to object to the amount of the assessment at the assessment hearing, at a later date.
(h) The public utility pertorming the conversion shall, at the expense of the property
owner, convert to underground all electric and communication facilities located upon any lot or
parcel of land within the Improvement District and not within the easement for distribution. This
shall include the digging and the backfilling of a trench upon such lot or parcel, unless the owner
executes a written objection thereto and files the same with the Town Clerk not later than the date
of the public hearing on the proposed improvement and the question of benefits to be derived by
the real property in the District. Failure to file such written objection shall be taken as a consent
and grant of easement to the public utility and shall be construed as express authority to the
public utility and their respective officers, agents and employees to enter upon such lot or parcel
for such purpose, and through failure to object, any right of protest or objection with respect to
the doing of such work shall be waived. If an owner does file such written objection, he or she
shall then be responsible for providing a trench which is in accordance with applicable rules,
regulations, or tariffs from the owner's service entrance to a point designated by the public utility
and for backfilling a trench following the installation of the underground service by the public
utility.
In any event, the cost of any work done by the public utility shall be included in the
assessment to be levied upon such lot or parcel. Should a written objection be filed, the owner
involved shall be obligated for, and the public utility entitled to, a payment for the actual cost for
such work accomplished upon the owner's property by the public utility; such amount shall be less
than the cost if the public utility had performed the trenching and backfilling. Further, the owner
shall, at his or her own expense, make all necessary changes in the service entrance equipment
to accept the underground service.
Any lot or parcel is subject to disconnection of electric service if the owner or person in
possession of such lot or parcel:
(1) prevents entrance upon the lot or parcel for conversion purposes;
(2) fails to provide an acceptable trench and backfill after filing an objection
pursuant to Section 29-8-133, Colorado Revised Statutes; or
(3) otherwise fails to provide for underground service connection to his
properly in a manner satisfactory to the public utility.
All owners of land within the District may file written request for inclusion of the cost of
conversion of utility facilities upon their property.
5
(i) A copy of the cost and feasibility report, Resolution No. enacting the district,
and all resolutions and proceedings are on file and can be seen and examined by any interested
person at the Vail Municipal Building, 75 S. Frontage Rd., Vail, Colorado, at any time during
business hours on or prior to the date of hearing.
Section 9
Nothing in this resolution shall be construed to affect any right, duty or liability under any
resolutions in effect prior to the effective date of this resolution, and the same shall be continued
and concluded under such prior resolutions.
INTRODUCED, READ, APPROVED AND ADOPTED this day of
1991.
Margaret A. Osterfoss, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:\RESOLU.23
6
EXHIBIT "A" ..W
(SHADED LOTS INCLUDED IN THE UTILITY UNDERGROUNDING DISTRICT N0. 1)
WHITE RIVER
NATIONAL FOREST
P~~
,
SAIL-
TOWN ~ ®
I] 2
;~~.X~ 6 '~1,,, as
1`.t'. 71ST ~ t~ 0011E II 5
+ ~ e~ n, 111 3
y ® ~ C~ e ~ NtlIM CpM 3 ~ ~ N"J ~ ~ + ~ 007 TH~~T~It
~,~i7 70q
V ~yj l~ ~ ~ . : _~a .r,:~„- r T elet 'le' ant CEDAR f~QINT T NHQ~+~.~ ~
oRC wtA a ecmo sr . eaa , : r an ase FILING N0. 'L
1.1 O aDte m~ I `e~:~i SYi~ ~ ° I
v 0 ~ • " O e eiee '1° ~DQR If~T TOWNHOUSES
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~ 170 ® ~ I y~ ene s+ie a+e T
A ~ ~ ~ ';n sraa I HEATHER OF VAIL
e e •s 12
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• ~ ~00¢r IiEL•GAR LN Ole 16 Al ? ~ S
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.
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RECREATION
AREA
200' p' ,00'
The District Boundaries include all of Bighorn Subdivision, Fifth
Addition and Gore Creek Meadows Filing No. 1 exclusive of the
following in Bighorn Subdivision, Fifth Addition; Lots 2, 3, 4 and
6, Block 1; Lots 2 through 9, Block 2; Lots 1 through 14, Block 3;
Lot 1A, Block 1A; Lots 1, 2, 3, 6 and 8, Block 4; Lots 1, 4, 6, 8
and 11, Block 5; Lots 3, 4, 7, 8, I2, 18, 19 and 20, Block 7.
` ~ k
,j
~ ~
1n 1 J~~
1 \ C~
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1
4 TILTTy U23DERGROUNDING DISTRICT NG• 1~
EXHIBIT '(SHADED LOTS INCLUDED IN THE U
E RIVER
WHIT
NATIONAL FOREST
4~
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O
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WN ~ .
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1+ 037
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C7
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~rya.,A: 3uo2 d ~ zoo
WIPLATTEO 3ao• z~
r1ECRaAT1oK
ARE ~
kEC'~D NOV 2 9 1991
25 Nov. 91
Town Council
Town of Vail
75 S. Frontage Road W.
Vail, Colo. 81657
RF: Proposed Fire Station -Intermountain
Gentlemen:
This letter is to oppose the construction of a f ire station in
Intermountain for the following reasons:
1. I feel that the proximity of a fire station next to the new
playground will create a serious hazard to the children using the
new playground. Curious children should not be exposed to this
type of a situation.
2. The bridge leading into.Intermountain is heavily trafficed
and the road (Frontage Road) is only two laned. This could pose
a problem with Fire Trucks making fast entrance into this road.
3. The parcel of land you are considering was to be used for a
park. We were prcanised this when you ,purchased this property and
the construction of a Fire Station is not in keeping with your word.
I feel a better location would be on the North Frontage Road just
east of the Safeway Shopping Center. Certainly, this would service more
area more efficiently.
Thank you for your consideration of this letter and this matter.
S ce ely urs,
Marv n Sheldon
Meadow Creek Condo Ass.
Board of Directors.-Member
SAC CONSTAUC~IDN COMPANY. INC_
9501 OLD SOUTH DIXIE HIGHWAY /MIAMI, FLORIDA 33156 /TELEPHONE 667-8666
P.O. BOX 560175 /MIAMI 33756
WORK SESSION FOLLOW-UP November 29, 1991
Page 1 of 2
TOPIC QUESTIONS FOLLOW-UP SOLUTIONS
8/8189 WEST INTERMOUNTAIN COUNCIL: Proceeding wllegal requirements for County is not renewing contracts for snowplowing,
ANNEXATION annexation. animal control, and police services.
(request: Lapin) .
7/27 UNDERGROUND UTILITIES IN LARRY/GREG: Work with Holy Cross Electric to Larry is in the process of preparing documents for
EAST VAIL establish special improvement district(s) for formation of District.
underground utilities in East Vail.
05107 SALES TAX COLLECTION LARRY/STEVE: Research remedies to change this to Draft ordinance forwarded to Forest Service and VA for
(request: Gibson/Lapin) a mandatory TOV tax collection. review.
07109 SNOW REMOVAL ON PRIVATE LARRY: Research ordinance. Larry has been asked to prepare an ordinance for
PROPERTY discussion by February, 1992.
09/17 STREET LIGHTS PETE BURNT I i : The LionsHead Merchants Association Public Works will present analyzed data by spring of
(request: Levine) would like to see a couple changes, which might '92.
include some of the lighting by Montaneros, which
is too bright, and placing it in front of Gallery Row
in the Treetops Building.
11/19 NEWSPAPER VENDING MACHINES LARRY: What can be done to make these uniform and Research by January, '92.
locations less prolific?
11126 HOLIDAY MEETINGS COUNCIUSTAFF: There will be not work sessions on
December 24 and 31.
WORK SESSION FOLLOW-UP November 29, 1991
Page 2 of 2
TOPIC 4UESTIONS FOLLOW-UP SOLUTIONS ,
11/26 JOINT MEETING WITH COUNCIUSTAFF: There will be a joint meeting of
COUNCIUPEC Council/PEC on Monday, December 9, 1:00 p.m,, in the
Council Chambers to discuss the Forest Service Land
Ownership Adjustment Plan.
11/26 BUS DROP-OFF AT BOOTH FALLS KEN/JIM MARSHALL: Review bus stop points in this are PW/Bus staff investigating issues with Colorado
(request: Buckley) to assure no one gets injured under the I-70 overpass Department of Transportation.
and to make access as convenient as possible.
11/26 POTATO PATCH CARETAKER UNIT LARRY: Return to Council to update on FDIC action and Will do.
(request: Steinberg) feedback from condominium association.
RECD OTC ° 2 1991
~'r .
~ December L, i'~'~1
hlemt~er s ~
~f the l:'-~. i 1 Tai;•!n Caun~_ i l
P'f n .~.m e i F,' a::•' k; N l l e . h~1 y 4~a i f e n d I built o u r h ame a n
tl",e '4'-y.I 1 Gal f Course i n I L.t thr ~_arner of ~Ja i 1 ~,:'•_ll 1 ey
Dr i ~.~e and Ptarmi ~aa.r, F:aad. !~:le hat±e cants i bu±ed to the '•Jai l
Resar•t Hs~aaciatian in tt-ie •ai,:tie=•, to ti-,Y bui ldir,g of the
'~:~'al1 Interfe.lth !:h~.G~el In thY -__.'+-:~enti~=• and the 4'.~.r1
~tasp i tal t,Je ar•e l ayal suppar• tern of the de~:,e 1 apmen t of
this fine resort,
~.~.,i th the cur•r•ent ci-,a.nge in the Vai 1 i~~if
i~ur concern i
L:~~Ur_.e bU=., ilJ'_ ha':~e t:,iatChtad ti,e tr•afti~_ ~=~n ~~ur COrner SinLt'
e had dirt r• a d s aka i t h t°1 e r• r• i 1 1 H a ~a i n g s r i d i n h i h r N t a
and from ta~~~n, Fin-illy with the -~.d+:ient of p-~~~ed ra.~d=, thF
bus started pa.•at aur• car•nYr• . F;f t?r 4~_~r i au=. change=. i n the
bus s~_hedul e, the c't put an a. gal f caur•se bus G~.~h i ch
c i r•c 1 ed from t1-,e Tr•an=_-par•tat i an ~=en ter• to the l~'a i l Gal f G1 ut~
t~,here there i=. hea.-,' ~alume at all the ~_an~_-• and
hau=_.es e.nd return=_. past Gal d Peak to =_.er~.~ i ce the ~~h i 1 dren`
LF; i i n~~ Center, the race center, ski school chair and
chair 1'~.
~~taw t~~ get to Geld Peak, we find ~~e t-,a.~e*.~~< East
~,;~hen we 44~ant tc as We•at, ~~ut to the Gal f Club, Fard Park and .
i nal l y to the Tr-~.n _pc~r tat i an ~:en ter . I t you are skiing
with chi 1 dren ar grandch i 1 dren, they z-haul d have to ~~~ai t far
the city bus an Meadow Drive to get to Gald Feats: ar take
your car and dr• i ire ad~~ i n~.~ to the range=•t i an ~c~t tr•a.ff i c at
.:S
`I~v''".
%~~~r
:_'<< '~~oi~~ Pear::, I thought the F~urp~~+~=F of thF taus ~.va~ t~~ dF~_r~~.~e
auto traffic and pol 1 u t i on i n the c~~re area and ~ug~;e•=".t use
reinst.~.te la.~_t ,••ear•`s bu_• _•chedule t~ faci 1 i fate thi
y, _
~ I {.t>G~GF!_.F' ~.•~te dlre' tal k i n~ ._t~r_~ut IT,c~n*_';''~ here, bUt th ~ = i
. a fire~+ cl.~._•_. resort and it needs a first cla=_•~ bu_ •af=.tam. '
-•:ri ~
Jai 1 ~•_~_~oc i a.te~=. gate a i-~ i gh =deed quad ~=hai r•s. P1 ea•ae
don't fi:~. vthat win~`t broke.
Concerned Re=_•ident~•S
Eae.t i t . l,'al i e Dr i ~v~e
lip"' c c :Ron F' h i 1 1 i •a t~~1 e r• L p i n
JV ~?im t°tar•aha.t 1 Tom Steinberg
!~.'.en Nughe;r Jim 'ohearer
F'am Br andmey'er 6~~b ~E~uckl ey,
Caroline Fi =•har Rob Le{1 i ne
Pec~GY ~~=.ter~f~~_.s ,tim iibson
I
~ E~~^
• vAILVALLEY . NOV 2 9 9999
FOUNDATION '
Prouidingleadership
in athletic, educational
and cultuml endeavors ~ -
to enhance and sustain
the quality of life in
the Vail Palley
Board of Directors
President Gerald R Ford
Robert E. Barrett .
Carolm S. Blount
James Berry Craddock _
. Jack Crosby "
H. Benjamin Duke, Jr.
_ 'Harry H. Frampton, III
• John Garnsey - .
George N. Gillett, Jr. VAIL VALLEY FOUNDATION _
Pepi Gramshammer
James R Greenbaum '
Steve N. Haber O P E N H O U S E
Martha Head -
William J. Hybl •
EiaineW.I{elton Stop by to say hello, see our. "new" offices and
HenryRKravis enjoy some holiday cheer
Frank J. Lynch
. Fitzhugh Scott
Michael S, Shannon Thursday, December 19, 1991
Rodney E. Slifer _
Richard iw'Swig ~ ~ 4 : 0 0. t o ? : 0 0 p . m .
Oscar L. Tang -
Vail Professional Building _
JohnGarnsey 953 South Frontage Road West
President S ll l t e 10 2 •
R.S.V.P. -
476-9.500 -
1989 World Alpine
Ski Championships '
AEI World Forum _
American Ski Classic
Bolshoi Ballet
Academy at Vail
Gerold R. Ford '
.
Amphitheater
ti -
i
P.O. Box 309
Vail, Colorado 81658
303-476-9500 -
Fax 303-476-7320
Telex 910-290-1989
A Colorado 501 (3) ~ •
Nonprofit Corporation _
I
"~~~V ~J
ti)p? ~w~~ p
~~~i~
1
I
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c~
~{~I ~1 ~
X11 U
THE RESOURCE CEN" 1'ER
T
T~T,~ 1 1A~~T 1~
A 1?'~'V ~
- To ~ 1 HANK YOU for your
HELP and SUr~ORT
December 12th , 19 91
7:00 to 9:00 m
a , R.S.V.P. 476-73$4
as
m
s
Please join us at the borne of Karin Weber, 1675 Aspen Ridge Road, West Vail.
DIRECTIONS: From North Frontage Road, tum North on Buffehr Creek Road. Stay
on Buffeter Creek Road to the summit, and tum right on Aspen Ridge Road. The party
is at 1675 Aspen Ridge Road at the end of the cut-de-sac. WELCOME!
. L.7 h, . ~
~ ~ ~ - ,
~ '
v i _
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' ~ _ ~ .
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DEC - 31991
November 30, 1991
Dr. and Mrs. William Pintzow
2520 Kinnikinnick Rd. M3
Vail, Colorado 81615
Town Council
75 S. rrontage Rd. W.
Vail, Colorado 81657
Dear Sir:
This letter is being written to register a very strong protest
against the proposed construction. of a firestation ir. the
immediate vicinity of our tawnhame.
We bought our home with the knowledge that we were purchasing a
home in a residential area away from commercial business areas.
We also knew, at that time, that a par}•: was to built in this
area, which we felt would only enhance the residental quality of
living in this neighborhood.
We feel that a firestation with its attendant noise and traffic
would be a detriment to the residential character of our
development and are e:titremely upset about your proposal.
Being a doctor, a teacher, a parent and a grandparent, it is
inconceivable to understand your thought processes in even
considering placing a f irestat.ian across the street from a park
where you nape to entice children to play. As town leaders, we
entrust you with the responsibility of the safety of its
citizens. Have you riot entertair:ed the safety hazards of this
situation?
The placement of this firestation would certainly produce a
reduction in the to:~ valuation of this large townhouse
develo~~ment with atte~ndent loss of tax revenue.
We knave that you ar•e cent-ainly aware of the many good alternative
situ closer to commercial areas that would be available for this
firest.atiaii if it is necessaYy at ail.
We should certainly hope that common sense and reason will
prevail in this matter.
Sincerely,
wnthia Pintzow
~'V ~1.a.J ~v
Dr. Wi~~ll/lam rintzow~
i
f~U DEC - 3 191
Don Mates
2685 Bald Mountain Rd
Vail, CO 81657
Vail Town Council
Town of Vail
Vail, CO 81657
Dec. 1, 1991
Dear Council members,
First, I would like to express my appreciation for the very professional job that was
done this last summer reconstructing Bald Mountain Road. The work was done in a
timely manner with as little inconvenience to us as was possible. The contractors took
special care to minimize the dust and delays to traffic. I realize that the magnitude of
work would cause some inconvenience, but the end result was well worth it. Both the
Town of Vail staff and the contractors were responsive to our questions and concerns.
Thanks to The Town of Vail, B & B Excavating, and the other subcontractors for a job
well done!
Second, I would like to express my concern over the loss of Bald Mountain Road as a
bus stop on the eastbound route. All of the residents and their quests will be greatly
inconvenienced as well as endangered when they get off at the closest stop, Aspen Ln..
Walldng through the underpass on either side of the road is a very dangerous thing do.
Many times I have seen cars and trucks slide off the road into the concrete embankment
or piers when it is icy, which is most of the time in the winter because of the shade.
The only other alternative we have is to ride to the next stop which is quite a distance
to walk carrying ski equipment, especially for those who live further down our road.
The walk down the plowed bicycle path is also dark and unlighted. At a time when the
- ~ Town should be doing everything it can to promote bus riding over taking the car, now
is not the time to make riding the bus more difficult. I would not like the idea of my
child having to walk from either of the two alternative stops. Surely the Town of Vail
can come up with a solution to this problem.
Yours truly,
Don Marks
~i~~
r r
I
~ ~
~ a _
lane r
e nb 1 n ~n r :
e s tak 1 lni
c o o to review ocess~~
p , p p
+i..r ~ a.a<,.
w.r ,tics
Cynthia Passel/Gazette Telegraph City of Coioraao Springs group and professional team are in '
~ ~.d, he architectural beauty of Coiu- ' ~ complete agreement about a project's. r:=.
rado Springs is being upheld by design, and a second meeting is not
• a unique new process that in- Van ~hOSe In the - necessary, he added. These projects go,l
volves community leaders, pro- ~ a CQNCEPTUALIZED PRCt1ECT~ directly to the originating city depart- .
f.Qssionals and residents. meetings WhOSe Ideas Originating D6pt, ment for final approval.
~ a The design review process,.headed ~ + "The host department has never . "
"".bey the City of Colorado Springs' capi- Weren t accepted have kicked out a review idea," Butcher ' f'
-tai improvement projects department, ~ ` ~ ~ ~ ~ ~ laid. The originating department de; A
A•`a#lows citizens and professionals to said they think the PROFESSIONAL TEAM tNP~T.~ ~ , ~ , ~j~ermines the best option submitted by ; `
have a voice in community construe- ~f ti ' ~ Represetda6ves; Prdessana~, a professional and public commit-~~~
.ton projects. prOCeS$ I$ really gOOd, Comr~nity't~ars ~ ; ~ ~ es, and presents it for city council~y
r,: -
"We developed the design and re- Peu1 BUtChBt + r. proval,
wew process as a response to ques- City council has approved all the' ~ ;
;~~lons by the community, said Paul o acts that have one throu h desi n.
, ~ ALTERNATIU ;A~1lELQP ~ ~ j g g g
a=•8utcher, manager of the capital im- Butcher said, 'They basically make ~ a y ; M ^¢pd review and actually ordered the
ement projects department. sure the project follows a quality de- ~~r~~F~ ,'process applied to the Memorial Hosp~ <
A common concern among local resi- sign and looks good in the tai addition. Residents directly across
""dents is that voter-approved and city .neighborhood." . ' I ' ~ ~
~e street from the glass-front portigii
council-approved construction projects ~ Next, a focus group of randomly se- ~ +?of the addition were concerned that
:will in some way be obtrusive to the lected members "with neighborhood ~ ~ ~ heir homes might be affected by t
~OCtjS GR4t~P'~E , ~ ,
k;~eighborhoods in which they are built. interest" goes over plans drawn up AiferxedNleieSls ~ strong sunlight reflections for much of:.; _
City officials now can avert such by architects on the professional team. PUb6C input the day. Design and review determined
ighborhood apprehension by utiliz- The focus group usually consists of 10 the reflections would affect their '
ang the design and review process. to lb members, but there are no can- 1' ,
homes only seven minutes of the day;
The Memorial Hospital addition, the straints on the number of people. I Butcher said.
new police operation center, the new "We try to get people who will view
airport terminal, the Interstate-26 the finished projects in their everyday _ The success of the design and re- ; i
PR4FESSIDNALTEAMREVIEWRECOMMENDATION : view process in quelling public fears
north entryway feature, the West Cal- routines, Butcher explained. For the
" i Re esenla6veS, Profes~gnais, and giving the public a voice in com-
- orado Avenue overpass and the Rocks- I-26 entryway project, a long-haul DePaMien Pr
,;.Merry pump station are projects that truck driver" was in the focus group <Communiry,Leaders munity construction projects is making ;
have gone through the design review because the entryway will serve as a it a popular program within city
` government.
,;process since its inception in May, greeting to travelers, Butcher said. "We really haven't had any nega-
The design and review process Some design and review projects re-
. ~ tive responses, Butcher said with .
r-.Sounds complicated, but it is really a 9uire the assistance of a liaison. The pride, "Even those in the meetings
~ Pairly simple four- tofive-week liaison is a "non-city person who is
,process, paid by the city to work as a facilita- QPTION SELECTION' whose ideas weren t accepted have
" In the beginning phases, city offi- for between the focus and professional , Onglna6ng Dept 'said they think the process is really
-cials who conceive a project meet with group. "It (liaison usage) is a minimal good. The only complaint we hear is, `I
a team of professionals to decide the cost and has worked well," Butcher wish you'd started it sooner.' "
• project's size and design, and the types said. I Butcher sees a long future for the t
. of building and landscaping materials After the focus makes its recommen- design and review process. Other city
needed to stay within budget. The.pro- dation, the project then goes back to departments, such as the utility de-
fessional team includes architects, the professional team. "Generally CITY COUNCIL PRESENTATION partment, may draft the process, he
' landscapers, builders, chamber of com- there is a little minor tweaking there," said.
.mecca members and neighborhood- Butcher said of occasional "We're thinking about buildings, but
`group representatives. disagreements. a lot of things lend themselves to de-
This is a standing committed, However, in some caries, the focus - sign and review," Butchersaid, ~ ;j
. ,
TOWN COUNCIL COMMITTEE/TASK FORCE APPOINTMENTS,
TO: Town Council
FR: Pam Brandmeyer
DA: December 2, 1991
RE: Committee/Task Force Appointments
This is a list of all committees/task forces to which Council members have been appointed or for
which they have volunteered. It is my understanding that all assignments run to the next Regular
Municipal Election, November 1993. If you notice I have left something out, please let me know
as soon as possible so I may complete this list accurately.
COMMITTEE/TASK FORCE COUNCIL MEMBERS
1. NWCCOG Tom Steinberg
Rob Levine, alternate
2. VRA Jim Gibson
Jim Shearer, alternate
3. Vail Transportation and Peggy Osterfoss
Parking Task Force Merv Lapin
Bob Buckley
4. CAST Rob Levine
Peggy Osterfoss, alternate
5. VRD/Council Subcommittee Jim Gibson
Merv Lapin
6. Art in Public Places Committee Tom Steinberg
7. Cemetery Committee Bob Buckley
8. Bravo! Colorado Board Tom Steinberg
9. Committee to Water Quality! Tom Steinberg
Quantity Committee/NWCCOG
10. Avon-Beaver Creek-Vail Regional Tom Steinberg
Transportation Committee Peggy Osterfoss
Jim Shearer, alternate
11. Eagle County Recreation Merv Lapin
Authority Jim Gibson, alternate
12. Town of Vail Housing Authority Peggy Osterfoss
Jim Shearer, alternate
13. Municipal Complex Committee Rob Levine
14. Channel 23 Board Jim Shearer
15. Eagle Valley Arts Council Jim Shearer
16. Vail Valley Conference and Tom Steinberg
Performance Center Steering Rob Levine
Committee Merv Lapin
17. Colorado Ski Museum Board Jim Gibson
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