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HomeMy WebLinkAbout1993-01-19 Support Documentation Town Council Work Session 1 VAIL TOWN COUNCIL OVERVIEW WORK SESSION TUESDAY, JANUARY 19, 1993 6:30 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. Executive Session: Legal Matters. 2. Information Update. 3. Council Reports. 4. Other. 5. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 1/26/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 2/2/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 2/2/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:4IGENDA.WS VAIL TOWN COUNCIL OVERVIEW WORK SESSION TUESDAY, JANUARY 19, 1993 6:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 6:30 P.M. 1. Executive Session: Legal Matters. 7:10 P.M. 2. Information Update. 3. Council Reports. 4. Other. 7:30 P.M. 5. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 1/26/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 2/2/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 2!2/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:WGENDA.WSE f J TOWN OF VAIL MEMORANDUM TO: Ron Phillips Council Members FROM: Shelly Shanley DATE: January 18, 1993 RE: Investment Report Enclosed is the investment report with balances as of December 31, 1992. we did not purchase any new investments during December. The average yield for the Debt Service Fund was 7.63% and the average yield for the Pooled Cash Fund was 3.70%. The average yield for the total portfolio was 3.83%. Please call if you have any questions. Town of 4ai1, Colorado Invest~ent Report Su~~ary of Accounts and Invest~ents For the Month Ending Dece~ber 31, 1992 Funds for Reserve Balances Percentage Percentage Operating Funds 12/31191 of Total Allowed Money Market Accounts (see page 1) Co~~ercial Banks (246,005 (29!,320 SS91,325 3.66$ SOY Money Market and Mutual Funds (1,010,643 (9,260,854 f10,211,491 63.57$ 100$ Colorado Invest~ent Pools (3,590,226 f3,S90,21b 22.22$ 100$ Total f4 ,896,814 (9,556,174 (14,4!3,048 89.45$ U.S. Goverment Securities (see page 1} Treasury Notes & Bills (494,236 (!69,196 f1,Ob3,432 6.58$ 100$ GHMA's S11S,BS9 (11!,859 0.12$ 100$ U.S. Savings Bonds (24,314 (24,314 O.1S8 100$ Federal Agency Discount Notes 6 Bonds (500,000 (500,000 3.09$ 100$ Total (1,134,469 (569,196 (1,103,665 10.56$ Total Portfolio Sb,031,343 (10,12!,310 f16,1Sb,113 1D0.00$ Maturing Mithin 12 Months (5,396,814 (9,!56,114 (14,453,046 92.SS$ Maturing Yithin 24 Months f0 SO f0 0.00$ Maturing After 24 Months (634,469 f5b9,196 (1,.203,665 1.44$ fb,031,343 (10,125,310 (16,156,113 100.00$ Breakdown of Reserve funds G.O. Bond Reserve (1,83?,103 Police Bond Proceeds (!,132,251 Capital Projects Bond funds S2,1b0,696 Chuck Anderson Me~orial (10,991 Health Insurance funds (284,329 (10,125,310 - 1(1Sf 93j1p invs~l2 Money Harket Accounts as of Dece~ber 31, 1992 --for the Month of Oece~ber-- Institution Balances Type of Accounts High low Average 11(31(92 COMMERCIAt BAHK ACCOUHTS first Bank of Yail -Operating Interest 2,6258 1.6158 2.625$ f1b5,651 Balance f916,393 S1S8,491 f451,1B8 First Bank of Vail -Insurance Interest 2.6252 2.625$ 2.625$ 5184,329 Balance Central bank of Denver interest 2.1002 General Operating Account Balance f41,334 Total Co~eercial Bank Accounts (591,315 IOCAI GOVERNHEHT INVESTMEHT POOLS Colorado Trust (Investsent Pool) Interest 2.940$ Balance f1,698,160 Colorado Trust (Investvent Pool) Interest 2.9402 Balance (836, 548 CSRFE Interest 3.5508 Ealance f1,055,3b6 Total local Goverment Invest~ent Pools Accounts f3,540,126 HONEY MARKET FUNDS Federated Securities Corp, U. S. Treasury Trust Reserve Account. Interest 3.3608. Balance (1,002,860 Fidelity Invest~ent Gorern~ent Money Market Accounts Interest 2.9101 Bond Issue Reserve Account tz • Balance t26S,041 1942 Bond Proceeds Balance (5,132,251 Capital Projects Bond• Account Balance 52,260,696 Overland Express Interest Balance (1.,010,643 Total Money Market and Nutuai funds (10,211,491 Total all accounts f14,4S3,046 =tAccount Subject to Arbitrage Rebate . 1J1SJ93jlp inr~~12 Page 1 6overnaent Securities as of Oece~ber 31, 1992 =i=Treasury Notes ; Billsx~x Days to Days Interest Rate Purchase Naturity Naturity to Book Par Type fund Coupon Yield Oate Date at Purchase Naturity Yalue Yalue lero Debt Service 1.820; 21-Jun-91 15-Nov-9S 1608 1049 1569,196 (100,000 Note Pooled 5.500; 20-Oct-91 30-Sep-9T -1806 1134 1494,23b 1500,000 Average Yield 6.14; (1,063,431 f1,200,000 Rverage Days to Naturity 1392 ttt6NMA'Sttt Years to Estiiated Interest Rate Purchase Maturity Naturity Years to Principal Pool Coupon Yield Date Date at Purchase Naturity Outstanding 5803 8.000; 8.480; 14-Nov-86 1S-0ct-OS 19.10 1b.00 (35,101 13003 8.000; 9.500; 24-Oct-86 iS-Oct-06 20.20 11.00 135,403 14659 5.000; 9.200; 24-Oct-86 15-3an-01 11.20 18.00 14S,3SS Avg Yield 9.0142 111S,8S4 sxtU.S. Savings Bonds==i Years to Issue Naturity Naturity Years to Book Maturity _ Series Yield Date Date at Purchase Naturity Value Yalue EE 1.110; Ol-Oct-86 Ol-Oct-96 10.00 3.]5 124,314 =30,000 =s=Federal Agency Discount Motes 6 Bonds#=t Days to Interest Rate Purchase Maturity Naturity Days to Book Maturity Agency Fund Coupon Yield Date Date at Purchase Naturity Yalue Yalue FNLB Pooled 1.080; 1.080; 2S-Jun-91 25-1un-93 131 116 SS00,000 ~ 1500,000 1500,000 1500,000 Average Yield 1.08; Average Days to Maturity 116 Total 11,103,6b5 1~15~93j1p invtrl2 Page 2 AGENDA PRESENT ABSENT LOCAL LICENSING AUTHORITY Linda Fried Bill Bishop REGULAR MEETING Mitzi Thomas JANUARY 13, 1993 Don White 10:00 A.M. Davey Wilson 1. PUBLIC HEARING _ Consideration of the Authority of the following for Tiny Tavern, Inc. d/b/a Tiny Tavern: a. New Liquor License President/Treasurer/Director/50~ Shareholder - Richard M. Roy Vice President/Secretary/Director/50$ Shareholder - Charles A. Roy, Jr. RICHARD ROY PRESENT. APPROVED: 4-0 WITH CONDITIONS: a. TIPS CLASSES TO BE ATTENDED ASAP. b. FOOD SERVICE LICENSE TO BE OBTAINED. c. CONTINGENT ON RECEIPT OF BACKGROUND INVESTIGATIONS FROM FBI AND CBI. b. Registered Manager - Brenda Kavana BRENDA KAVANA PRESENT. APPROVED: 4-0. 2. Consideration of the Authority of modification of premises for the Radisson Hotel. CONTINUED TO 2-10-93. 3. Consideration of the Authority of trade name changes for the following licenses: a. Vail Ski Rentals, Inc., d/b/a Vail Ski Rentals to Vail Ski Rentals, Inc., d/b/a Curtin-Hill, Ltd.; APPROVED: 4-0. b. Vail Metropolitan Recreation District, d/b/a Vail Park & Recreation District to Vail Metropolitan Recreation District, d/b/a Vail Recreation District. APPROVED: 4-0. 4. PUBLIC HEARING - Consideration of the Authority of a transfer of license for Evergreen Lodge at Vail, Ltd., d/b/a Evergreen Lodge, a limited partnership. Limited partner - Bruce Keith and Pamela Stenmark - 70~ equity PHM Partners, Inc. (General Partner) - 30~ equity and Special Allocations per Partnerhip Agreement CONTINUED TO 2/10/93. 5. Consideration of the Authority of a change of corporate structure for Gambetta's Pizza Pane. Brian Wachs/Secretary/0~ stockholder/replacing James Wear. DAVID GAMBETTA PRESENT. APPROVED: 4-0. 6. Notification to the Authority or recent renewals: D A B Investment, Inc. d/b/a Holiday Inn Chateau - Vail Koumbaros, Inc, d/b/a C. J. Capers Austria, Inc., d/b/a Ambrosia APPROVED: 4-0. 7. Any other matters the Authority wishes to discuss. CYRANO'S LIQUOR LICENSE - REMOVAL OF SANDERS NAME ON LICENSE. NEED TO CONTACT. 8. Next scheduled meeting February 10, 1993. Meeting adjourned at 10:55 A.M. TOWN OF VAIL Vail Local Licensing Authority Pamela A. Brandmeyer Secretary to the Authority SENT BY ~ EAGL.E COUNTY ; 1-14-93 ; 1135 ; 3033287207-~ 3034792157; # 1 / 3 i I 7aJnuary 14, 1933 - 10:3b EAGLE COIWTY BL9lD11YG J ~ 551 BROADWAr OFFICE OF THE ~ • • P.4. Box SSO BOARb OF COINM1pS510NLR5 . • ~ tAGIE, CCKORADO 81 B3 I {343) 328-8605 ,;4', fAX: (303J 338-7~Q7 EAGLE COUNTY, ~QLORADO AGENDA . BOARD OF COUNTY C+DMNIISSION~R~ RF3GULAR ME~1 u~0 DAY JANUARY 19, 1993 @ 09:00 - 1Q:~ WORK Sti;SSIUN ~ WEEKLY t~r,~ATE ~rx 4f ~ sorx aeons Rou~r Jack D. Lewis, County Manager @ 10:14 -10:45 PF.~Vi)ING LITIGATION M7: of the XOL1' CROSS ROnM ]awes R. FIC1tZa;, County Attorney @ 10:4.1- 11:00 **sRg~*** @ 11:04 -12:40 'WORK SFS3IUN - I+'~?RFST SERVICE gec~ c~vxr'rROOat Bill Wood, District Ranger 012:00 - 01:30 ***LUtYCH~'** ! @ 01:30 - 41:4 CUNSEN'Y' CALENDAR FACdB cowrr~ROO~r l~rs oF,~ Rovm~ A11~ Nnn~coNl7eov~resua nun ~,xB,~RS PIA oN ~a tav»vr cu~a,r m mow I13B BOARA law' coUxrr cvberres~nPrBRS Ta srr,.r~ rrs ~rr? AND o>v ~raaE nvro,~axr Mrs ox.~ tBn.~,..,, AaEn~,. atvY tYJ3IMlJr.Q~D1~JeMdYREQY1l~.YT'Tf7iiTdN17S8f BS RFXOVED' FRdN7?IE CONSEArI I3M~IRAIIII~ 450TA'ID~tED S~PdR.ITEGY. ANY 3lSAlB~ l1,F 7HE FUBi1C YAY "RFQUFYf' ANY t3Pd/ tt4 RQKQV®" 19e01M THB R7NSgNFAG6l~ID.l. ~ • BILL PAYING Linda ~anlaich, Accountang Mark Silverthorn, Acting Controller Ar.,Y,ON: Approval subject to review by the County Manager, ` ~ X c : r:M 1 VAILVALLEY FOUNDATION Providing leadership AMERICAN SKI CLASSIC in athletic, educational • and cultural endeavors MARCH 10-14, 1993 to enhance and sustain the quality ofiife in the Yail Palley ~ TUESDAY. MARCH 9 12:00 PM Registration Opens HyatVBeaver Creek Board of Directors 7;00 PM The Challenge Race Haymeadow President Gerald R Ford 8:00 PM The Challenge Party Village Hall Robert E. Barrett Carolyn S. Blount James Berry Craddock WEDNESDAY, MARCH 10 . Jack Crosby r~ H. Benjamin Duke. Jr. / :00 AM Re istration O ens H att/B eaver Creek Harry H. Frampton, III ~ p y JohnGarnsey 7:00 PM Opening Party Village Hall George N. Gillett, Jr. Pepi Gramshammer 9:30 PM Team Meetings ~ Village Hall James R Greenbaum Steve N. Haber Martha Heaa THURSDAY. MARCH 11 _1i''illiam J. Hybl " Elaine W. Kelton 7:00 AM Registration Opens Hyatt/Beaver Creek Fr nkJRLyn hs 9:00 AM Hospitality Tent Opens BC Finish Stadium Fitzhugh Scott 10:00 AM Ford Cup -Day 1 Haymeadow Michael S. Shannon Rndney E. sliler 7:00 PM Le ends Ban uet Villa e Hall Richard L swag g q g Oscar L Tang John carnsev FRIDAY. "MARCH 12 President ~ 7:00 AM Registration Opens HyatvBeaver Creek 9:00 AM Hospitality Tent Opens BC Finish Stadium 10:00 AM Ford Cup -Day 2 Haymeadow 7:00 PM Ford Cup Finals & Party Haymeadow l989iYorldAlpine 8:00 PM Awards BC Finish Stadium Ski Championships AE! World Forum SATURDAY. MARCH 13 American Ski Classic 7:00 AM Registration Opens HyattJBeaver Creek Bolshoi Ballet Academy atYail 9:00 AM Hospitality Tent Opens BC Finish Stadium , Gerald R.-Ford 10:00 AM Legends of Skiing Giant Slalom Centennial Amphitheater 3:00 PM Legends Giant Slalom Awards BC Finish Stadium " 8:00 PM Concert Dobson Arena SUNDAY, MARCH 14 7:00 AM Registration Opens HyattJBeaver Creek 9:00 AM Hospitality Tent Opens BC Finish Stadium 11:00 AM Legends of Skiing Downhill" Centennial P.O.Box3os 1:00 PM Legends Downhill~Awards BC Finish Stadium veil, Colorado 81658 _ 303-476-9500 Fax 303-476-7320 Telex 910.290-1989 A Colosado 501 (cI l3) ~ Nonprofit Corporation , t~~~i.Y Ydd.~~ F.7~I,L ~ ~ ~4 COLORADO WEST MENTAL HEALTH CENTER an affiliate of Colorado West Regional Mental Health Center P.O. Box 1620 395 E. Lionshead Circle Eagle, Colorado 81631 Vail, Colorado 81657 Telephone (303) 328-6969 Telephone (303) 476-0930 January 8, 1993 Town of Vail Attention: Ron Phillips 75 S. Frontage Rd. Vail, CO 81657 TOWN OF VAIL EMPLOYEE ASSISTANCE PROGRAM 1992 1st 2nd 3rd 4th Year End Qtr. Qtr. Qtr. Qtr. Total Eligible Employees 155 155 155 155 Employees Enrolled 7~ 70 30 5~ 220 Family Enrolled 1~ 50 30 20 11~ No. of EAP Visits 23 26 12 22 83 Utilization Rate: 8~ 120 6~ 70 33% cc: Ron Blake Jean/Center X.C ~ tfr-y~' d~f ~;L,~, ~ ?i J. GREGORY WALTA SUITE 101 -CASCADE STATION 620 SOUTH CASCADE AVENUE TRIAL LAWYER COLORADO SPRINGS, COLORADO 80903-4039 TELEPHONE (719) 578.8888 FAX N (714) 578.8931 January 12, 1993 VIA FACSIlVIII.E (3031 479-2157 AND U. S. MAII. Mayor Peggy Osterfoss Town of Vail Box 13 Vail, CO 81658 Dear Mayor Osterfoss: Enclosed is a compromise proposal that I believe would end the economic boycott of Colorado. You will note that it has been approved by the ACLU. Even if it is not approved by Colorado for Family Values, I hope to have this proposal ready for a public push within thirty (30) days. Please shaze this with Tom Steinberg. I ask that one of you call me as soon as possible. Very truly yours, J. reg Walta JGW/rp Enclosures ' J. GREGORY WALTA SUITE tOt -CASCADE STATION TRIAL LAWYER 620 SOUTH CASCADE AVENUE COLORADO SPRINGS. COLORADO 80903.4039 TELEPHONE (719) 578.8888 FAX X (719) 578-8931 December 30, 1992 VIA FACSIlVIII.E A1VT) T7,.,S. MAIL NL*. Jim Joy ~;'t American Civil Liberties Union ' 815 East 22nd Avenue Denver, CO 80205 Dear 1VIr. Joy: Enclosed is amemo Ihand-delivered yesterday to Will PerlQns of Colorado for Family Values. As I indicated to 1Vir, Perkins in person and through the enclosed memo, this proposed clarification is based on the assumption that both sides are willing to live by the words they spoke to the voters during the Amendment Two campaign. Please respond to this as soon as possible so attempts can be made to end this divisive controversy that is doing daily damage to the State of Colorado and its people. Thank you very much, r eg Walta JGW/cj Enclosure cc: Will Perkins, via Fax TO: WII.L PERKINS ~ _ FROM: GREG WALTA I Z/ Z~ ~ y CLARIFICATIO MENT TWO During the election campaign and in the weeks following, the .,r~,onents and proponents were in disagreement over the meaning of Amendment Two, but seemed to agree on what the law should be: 1. a) The proponents say they oppose discrimination against homosexuals, but are fighting against "special rights", presumably quotas and affirmative action. b) The opponents say they only want protection from discrimination, not special rights, quotas or affirmative action. 2. It is my belief that both sides should be held to their spoken words during the campaign and that they should join in drafting a clarification of Amendment Two. 3. The clarifying amendment should repeal and reenact the present amendment by prohibiting discrimination based on sexual orientation, with the following exemptions and provisions: a) An exemption for apartments below a certain number; b) An exemption for businesses below a certain number of employees; ,d , c) An exemption for churches and religious organizations; d) A provision against quotas, statistical evidence and affirmative action. 4. If both sides were being honest with the voters, neither should have any problems with this proposal. 5. I invite a response proposal as soon as possible. 6. I will be sending an identical proposal to the ACLU. - - - ~ * * END OF MEMO I i 7r' i 8t: EAST 32YD AVENUE DENVER. COLORADO 8020.5_ 303.861•.. Ir ~ i %'i ~ , I' ~C~U ~Mo OF COLORADO JAMES H. l0Y Eaecu:i~eDlnctcr T0: 6REG S4ALTA (719) 578 - 8931 DAVID H. MILLER a,r«t~= FROM. JAMES H. JOY DATE: JANUARY 7, 1993 RE: CLARIFICATION OF AMET:DMENT ~ 2 am in receipt of your traced memo of December 29, 1992: I have no objectior. whatsoever to the proposal that you make in that memo. It would take sore discussion with the ot.'~er Folks leading the resistance to Amend:~ent 3 to solidify this position. If you wish to use this memo please Pee3 Free to do so. I n~ 4~ '•:a n•-~nncnn ..:.r t,.:en~ee Ur!crt Fo~neiecn er .~:crs:c s rremear of Cummunity Shares of Colorado EAGLE COi711rY'~ REGIONAL MEETING w~liNESDAY, JANUARY 20, 1993 ' 5:15 P.M. IN Y,o~ VAIL TOWN COUNCIL CHAMBERS AGENDA 1. Review Re: Eagle County Regional Meetings - Fornaat, Hosts, Agenda Setting, Attendance. 2. Discussion Rea New Eagle County Commissioners' Goals. 3. Update Re: Eagle County Master Plan Process. 4. Other. 5. Adjournment. r C:~EAGLECTY.AGN ~ ~i p l ~I, TOWN OF VAIL ~h From the desk of... dd Deto 1/15/93 RON/PEGGY/PAM: The following interviews with Guy Cornelius have been scheduled for Wednesday, January 20, 1993: 08:00-09:30 A.M. Rob Levine 09:30-12:00 P.M. Ron Phillips 12:00-02:00 P.M. Peggy Osterfoss* 02:00-03:30 P.M. Jim Shearer 03:30-05:00 P.M. Tom Steinberg 05:00-06:30 P.M. Jim Gibson** * I'll ask Peggy if she wants lunch brought in. Jim G. felt he could miss ECRA mtg. to do this at this time. Guy asked if we could arrange for a rotation of rooms to do the interviews gin. Shall I just see what offices are available that day to accommodate three people for each interview? I do not know when to schedule Bob Buckley and Merv Lapin. Please advise. ~ r.~~ ~ r,~~-_ .::tin _ ~ ~r ' ~ pF~~y -~~a~ - _ _ . P. C~ ~ ` /1'1r C_`~"~i s-fit~S__ LtJa~ 7~ lit ~r?r~r,~ ,r ` r - - - C~o~ _ _ ~ ~ ~ ~ .~~_~~~Y ~,v r/v TOM '30 t , ~Ofl ~,~di~tf ~ ;ov ` ~ ~ J,~ S - ~ ~ to~'3`O''~U tt.(5 ~ C'DR~~L ~ C y La , j~~.. s~m~f~~~i~ ~ Jb2~ prs~ ~~a2- WORK SESSION FOLLOW-UP January 15, 1993 Page 1 of 2 -,r.--,. TOPIC QUESTIONS _ _ _ _ _ _ FOLLOW-UP SOLUTIONS 1991 11/19 NEWSPAPER VENDING MACHINES LARRY E.IANDYIMIKE M.: What can be done to make Locations for the newspaper boxes have been determined and approved these uniform and locations less prolific? by all 70V departments. Staff will talk to Larry E. to determine if voluntary agreements or an ordinance outlining locations are appropriate. Working on wrap-up by early winter 1993. 1992 02/17 EXTERIOR LIGHTING KRISTANIANDY: Draft Ordinance. Larry E. will further explore the areas of non-conformities, tree lighting and number of lights, and will attempt to have this before Council at the 2126193 work session. 08/25 FOLLOW-UP WITH BUCK SHRADER PEGIPAM/LARRY G.: Mr. Shrader has called to find out Larry Grafel will write to Bob Baker, attaching responses re: two issues, (CDOT)/JAKE BRAKES/SPEED whether there has been improvement on the maintenance i.e., fake brakes and speed limits. Larry G. will continue to "reason" with LIMITS ON VAIL PASS for the west side of the bike pathNail Pass. Although CDOT. CDOT has stepped up efforts to clean and maintain, their efforts have not been consistent, and this was communicated by Pam. 09/08 1041 PLAN LARRY E.: Barbara Green has asked whether the Town of Larry E. has spoken to Barbara Green, who feels there could be a benefit (request: Steinberg) Vail has a 1041 Plan. to the Town. Therefore, Larry E. is collecting additional information and will draft an ordinance. Scheduled for further discussion at work session on 1/26/93. 09/15 PAUL'S FLAG POLE LARRY G./KRISTAN/CAROLINEIRON: Whatever became Staff will review former pole placement and present recommendation. (request: Lapin) of the flag pole that was to be erected outside VRA offices honoring Paul Johnston? 09122 SPEAK-UP© MEETINGS PEGIRON/CAROLINE/BRUCE CHAPMANIPAM: Meet to Schedule has been set as follows: discuss some proposed changes to the Speak-Up Meeting Wednesday,//27/93,12:00 P.M. @ Altitude Club (brown bag lunch), series, i.e., format, acquisition of debatable topics, Wednesday, 2/3192, 7:30 A.M. @ Seasons at the Green, presentation to annual condominium association annual Wednesday, 2/10/92, 5:30 P.M. @ Manor Vail Lodge. meetings, speakers from "like" impacted communities (Carmel-by-the-Sea, etc.} January 15, 1993 Page 2 of 2 10/27 ELEVATOR INSPECTION LARRY E./GARY M./KRISTAN/DICK: Tom Steinberg NWCCOG is getting together the contract, at which time it will be PROGRAM brought in a proposed resolution to adopt legislation for the presented at a 1!26193 work session. (request: Steinberg) elevator inspection program. 11/03 UNPLATTED LANDS AS KRISTAN/MIKE MOLLICA: Have we followed-up with Forest Service reviewing LOA work. Jim Curnutte and Mike Mollica are DONATIONS contacting owners of parcels that may be given to TOV as reviewing parcels of interest. (request: Steinberg) gifts -understanding we are still moving through the LOA process. 11!10 COUNTY REGIONAL MEETINGS COUNCIURON: November and December meetings have been canceled. January meeting tentatively scheduled for Wednesday, 1/20/93, at 5:15 P.M., TOV Council Chambers. Between now and this meeting, staff will work with "host" entity on setting agenda, assuring attendance, etc. 12/08 VRD CONTRACT ANALYSIS STEVE B.. Peggy has called Ken Wilson to indicate Initial meeting with subcommittee held 1111!93. Next dates for Council Council cannot begin negotiations until the first of February. work session items are 1/26/93 and 2!9/93 (when Merv will have returned Prepare analysis of contract for Council review. from China). 12/15 LONG-TERM GOAL SETTING COUNCIUDEPT. HEADS: Please reserve ALL DAY on This item is being re-structured; therefore, this session is cancelled. Tuesday, 2/9193, to discuss long-term goal setting. 1993 01/12 ILLEGAL B&Bs KRISTAN: There are several illegal bed & breakfasts Staff will investigate. (request: Jim Shearer) operating in Town and staff is not enforcing or investigating these situations. I I VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, JANUARY 19, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. CITIZEN PARTICIPATION. 2. Final Discussion Re: Future of Gore Creek Promenade Pedestrian Bridge. 3. Ordinance No. 1, Series of 1993, second reading, an ordinance repealing and reenacting Ordinance No. 41, Series of 1991, to provide changes to Area A requirements for SDD No. 4 that concern the development plans for The Waterford and The Cornerstone Development Building Sites; and setting forth details in regard thereto. Applicant: MECM Enterprises and Commercial Federal Savings. 4. Ordinance No. 2, Series of 1993, first reading, an ordinance of the Town of Vail, Colorado, decrfminalizing traffic infractions; deleting the availability of jury trials and jail sentences for such violations; and making amendments to Title 10 of the Municipal Code of the Town of Vail. 5. Review of a sign variance request for Curtin-Hill Sports (previously Vail Ski Rentals), 254 Bridge Street/Lot 1, Block 5A, Vail Village 1st Filing. Applicant: Jack Curtin and Teak Simonett. 6. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 1/26/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 2/2/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 212/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:VIGENDA.TC VA{L TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, JANUARY 19, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Final Discussion Re: Future of Gore Creek Promenade Pedestrian Bridge. Larry Grafel Action Requested of Council: Hear final additional public input. Decide whether or not the footbridge should be removed. Background Rationale: Council requested that once the International Bridge was completed, there be a determination as to what should be done with the pedestrian bridge in place next to it. On 11/12/92, a public meeting was held by Public Works at the Lancelot to discuss the options regarding the pedestrian bridge. Three interested citizens, three Council members, and several TOV staff were in attendance. Options presented were: 1) Remove and reuse the bridge elsewhere, 2) Renovate the existing bridge to make it aesthetically compatible with the International Bridge, 3) Remove and construct a new bridge in the same character as the International Bridge, 4) Repair existing bridge decking, repaint, and bring the bridge rails into compliance with current child safety standards. The option selected by the citizens was removal of the bridge. On 12/8192, the results of the 11/12/92 meeting were discussed with Counci! during work session. After discussing the options, a motion to remove the bridge was made and a vote taken, 4-3, to remove the bridge. Subsequent to that decision Council requested staff conduct a Town hearing be scheduled to discuss the options for the bridge during an evening Town Council meeting. Numerous phone calls, conversations, letters, notes, and newspaper articles expressing opinions regarding the disposition of the bridge have been received by Council and staff. They range from saving to removing of the bridge. Staff Recommendation: 1) Remove and reuse the bridge elsewhere along Gore Creek, 2) Remove concrete slab and south abutment of bridge, 3) Improve the stream bed and bank, 4) Improve the landscaping around the bridge and promenade area. 8:35 P.M. 3. Ordinance No. 1, Series of 1993, second reading, an ordinance Shelly Mello repealing and reenacting Ordinance No. 41, Series of 1991, to provide changes to Area A requirements for SDD No. 4 that concern the development plans for The Waterford and The Cornerstone Development Building Sites; and setting forth details in regard thereto. Applicant: MECM Enterprises and Commercial Federal Savings. 1 Action Reauested of Council: Approve/deny/modify Ordinance No. 1, Series of 1993, on second reading. Staff Recommendation: Approve Ordinance No. 1, Series of 1993, on second reading. 9:35 P.M. 4. Ordinance No. 2, Series of 1993, first reading, an ordinance of the Larry Eskwith Town of Vail, Colorado, decriminalizing traffic infractions; deleting the availability of jury trials and jail sentences for such violations; and making amendments to Title 10 of the Municipal Code of the Town of Vail. Action Reauested of Council: Approve/deny/modify Ordinance No. 1, Series of 1993, on first reading. Backaround Rationale: By decriminalizing minor traffic offenses, the Town would no longer need to give defendants accused of such infractions jury trials. Staff Recommendation: Approve Ordinance No. 2, Series of 1992, on first reading. 9:45 P.M. 5. Review of a sign variance request for Curtin-Hill Sports (previously Tim Devlin Vail Ski Rentals}, 254 Bridge Street/Lot 1, Block 5A, Vail Village 1st Jack Curtin Filing. Applicant: Jack Curtin and Teak Simonett. Teak Simonett Action Reauested of Council: Visit the site personally prior to this meeting in preparation for discussion regarding the sign variance requests. Please review the enclosed the CDD memo to the DRB dated 1!6/93, and determine if the request should be approved. Backaround Rationale: On 1/6!93, the DRB voted unanimously, 4- 0, to recommend approval of one of two proposed signs that would be in addition to two existing signs (three total.) The DRB also voted unanimously to recommend denial of the request for additional sign area exceeding 20 square feet. (Please see the enclosed 1/6/93 DRB agenda (Item #3) for recommended conditions of approval. Staff Recommendation: Approve one additional sign, which would bring the total number of signs for the building to three. Denv additional sign area exceeding 20 square feet. 10:00 P.M. 6. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 1/26/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 2/2/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 2/2/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. 2 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 303-479 2100 FAX 303-4T9-2157 January 13, 1993 Mr. George Lamb 4879 Meadow Drive Vail, Colorado 81657 RE: Gore Creek Pedestrian Bridge/International Bridge Dear George: Your letter to the Town Council dated December 14, 1992, regarding the Gore Creek pedestrian bridge has recently come to my attention. I thought it would be helpful if I clarified just a couple of points with regard to the planning process for the reconstruction of the International Bridge. The final design for the International Bridge was approved by the Design Review Board on July 17, 1991. The vote for approval was unanimous and carried the following conditions: 1. All deciduous trees will be 2" caliper minimum. 2. Substitute perennials for the "Snow in Summer" ground cover. 3. Alighting plan, all precast concrete bridge components, and the railing colors will come back to the DRB for final review at a future date. On March 4, 1992, the DRB unanimously approved the lighting plan and the precast concrete bridge components for the International Bridge. On July 1, 1992, the DRB unanimously approved the railing color for the bridge. Although the issue of the adjacent Gore Creek pedestrian bridge was discussed on numerous occasions with the Design Review Board, there was no condition of approval placed on the International Bridge stating that the adjacent pedestrian bridge would be further reviewed by the DRB. Page Two January 13, 1993 Lamb You may be confusing the DRB's review process of the International Bridge with the approval of the Town's Streetscape Master Plan. The DRB also reviewed the Streetscape Master plan on numerous occasions during the same period of time, and the issue of the Gore Creek pedestrian bridge was also discussed extensively. The decision on the pedestrian bridge, and the language specifically listed in the Streetscape Master plan is as follows: "During the proposed 1992 reconstruction of Willow Bridge, the adjacent pedestrian bridge (to the east) will be retained. Upon completion of the Willow Bridge reconstruction, pedestrian movements in this general area should be studied to determine if the pedestrian bridge should be retained and up-graded o~r~moved." There will also be a discussion of the pedestrian bridge at the evening Town Council meeting on January 19, 1993. You may wish to attend this meeting. I hope this information helps clarify the review process for the International Bridge as well as the pedestrian bridge. If you should like to discuss this issue any further, please do not hesitate to contact me at 479-2138. Sincerely, ~k•t~C i " l Mike Mollica Assistant Director of Planning cc. Vail Town Council Kristan Pritz Larry Graefel SLIFER, SMITH & FRAMPTON, INC. REAL ESTATE BROKERS AND CONSULTANTS 230 BRIDGE STREET VAIL, COLORADO 81657 January 19, 1993 TELEPFIONE (303) 47(12421 TELEFAX (303)476-2658 Mike Mollica Assistant Director of Planning 75 South Frontage Road West Vail, CO 81657 RE: Gore Creek Pedestrian Bridge Dear Mike: I appreciate you taking the time to clarify my apparent confusion regarding the pedestrian bridge and its connection with the approval of the International Bridge. Given that my recollection was without the benefits of notes, I believe it is understandable that I was "confused". In any event, upon completion of the International Bridge, it appears that the DRB was to study the general area and determine the alternatives of retention, upgrading or removal of the pedestrian bridge. It has been argued that the bridge is "ugly". I am not writing to defend its current state but rather our obligation to determine its best potential prior to removing the bridge from perhaps its most appropriate location. Instead of spending large sums of money on independent designs, we should explore and tap our local design expertise. I am hopeful to attend the meeting this evening; however, I feel it would be unfortunate to spend a great deal of the Council's time and the community's energy tonight before a task force can come up with feasible alternatives. With regar , C_-- George S. La b Design Revi Board member cc: Vail Town Council OFFICES IN VAIL AND BEAVER CREEK ~ ~ LAW OFFICES DUNN, ABPLANALP & CHRISTENSEN, P.C. A PROFESSIONAL CORPORATION JOHN W. DUNN VAIL NATIONAL BANK BUILDING TELEPHONE: ARTHUR A. ABPLANALP, JR. SUITE 300 (803) 476-7332 ALLEN C. CHRISTENSEN LAWRENCE P. HARTLAUB 108 SOUTH FRONTAGE ROAD WEST TELECOPIER: DIANE L, HERMAN VAIL, COLORADO 81657 (308) 476-4765 SPECIAL COUNSEL: JERRY W. HANNAH 19 January 1993 (4:00 PMj Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Special Development District No. 4 The Cascade Village Association (CVA), represented by Jim Wear, of Wear, Rosen & Travers, and the owners of the Westin Hotel, represented by Art Abplanalp, of Dunn, Abplanalp & Christensen, P.C., have requested that this letter be provided to the Town of Vail regarding. the status of negotiations toward the resolution of concerns expressed by the Town of Vail relating to Westhaven Drive, through Cascade Village. The members of the Board of Directors of the Cascade Village Association (CVA) have discussed the request of the Town of Vail for a cooperative approach to the resolution of the various concerns expressed by the Town of Vail relating to Westhaven _ Drive. The Board of Directors of the Association believes that its members have arrived at an accurate analysis of the problem and a mutually acceptable resolution of the problems. The analysis is based upon several premises. First, in considering the present status of Westhaven Drive, it seems apparent that one of two scenarios is accurate. Under Scenario No. 1: a. The Town of Vail, in cooperation with the original developer, permitted the design, construction, approval and occupancy of Westhaven Drive, in its present configuration, and the adjoining features of Cascade Village, in a manner which the Town of Vail felt, at the time, was acceptable in the context of the development of the Special Development District, and b. The Town of Vail intended, upon completion of the Cascade Village Special Development District, to accept Westhaven Drive, ,with its designed features, in a manner which would recognize the existence of those features and which would provide access to Glen Lyon Subdivision. Under Scenario No. 2: a. The Town of Vail inadvertently or erroneously permitted the construction of a bridge which did not meet standards, at least one curve which did not meet standards, and building improvements within applicable set-backs, and other aspects of the road which did not meet standards at the time of construction, and b. The Town inadvertently or erroneously approved projects which either had insufficient plans to determine noncompliance with applicable codes in advance of construction, and c. The Town inadvertently or erroneously permitted the platting of several parcels, specifically Millrace, which effectively prevented the configuration of the Westhaven curve in a manner consistent with Town standards, and d. The Town inadvertently or erroneously issued certificates of occupancy on projects which incorporated features not in conformity with Town requirements. The Vail Department of Community Development has indicated that the plans which were provided to the Town of Vail in association with the pedestrian bridge were unclear regarding the proposed height of the pedestrian bridge. However, other than that ambiguity, the thoroughness of the plans, and the mark-ups on those plans, indicates that the Town was not lax in its review of that material. The platting of the Millrace project makes it clear that the Town of Vail approved the phases of that project in a manner which left only a specific area for the road curve, and that, because of the corridor remaining, there is no possibility of either realigning the curve or changing the grade. _ Further, information obtained by Fred Otto indicates that, at the time of the development of the plans for Westhaven Drive and its associated features, it was the plan of the Town. of Vail to permit development of the road and the associated features as a private property, in order that, upon the completion of the project, the road could then be accepted as constructed, without the requirement that the Town issue variances permitting code violations prior to construction. With the foregoing background and analysis, the logical conclusion regarding the accuracy of the two alternative scenarios is that the former occurred. It seems appropriate to represent that everyone in Cascade Village who has been involved in this project is convinced that the Town of Vail has an obligation to accept Westhaven Drive in its present condition, with reference to the pedestrian bridge, curvature, grade, and other non-conforming characteristics. Because the curvature and grade of the road were determined by prior action of the Town of Vail in issuing plat approvals, and because the pedestrian bridge has been approved by the Town of Vail and in existence for a period of several years, those road characteristics simply should not be an issue. By removing those 2 items as issues, the cost of dealing with the remaining concerns, specifically the sub-base and the asphalt surface, becomes within reach. With respect to the sub-base and asphalt, the Board of Directors of CVA, and, as the primary funding source of CVA, the owners of the Westin Hotel, wish to indicate their willingness to participate in, but not to bear full responsibility for, sub-base testing., an asphalt overlay, and an appropriate safety device for the protection of traffic and the prevention of damages to vehicles and the pedestrian bridge. Based upon the foregoing considerations, the CVA and the Westin believe that the following steps should be taken to resolve the Westhaven Drive issues and permit the completion of the Cascade Village Special Development District: 1. The Town of Vail would accept the present constructed surface of Westhaven Drive as constructed, without the requirement for a variance, and would begin maintenance of Westhaven Drive in mid-1993. In order to protect existing improvements, some of which are within the unplatted area between the platted areas, it would be necessary that the town either (a) accept the entire unplatted area between the platted lots subject to existing improvements and improvements not yet constructed by necessary for the development of adjoining parcels, such as Millrace III and what is sometimes identified as the "Westhaven Site" west of the Cascade Club, or (b) accept only the existing paved roadway, together with curbs, gutters and sidewalks as constructed and space for curbs, gutters and/or sidewalks, to the extent not constructed. If the latter alternative is followed, the remaining portion of the unplatted area between the previously platted parcels would be quit-claimed to the adjacent property owners. In either event, no greater setback requirements could be imposed than those which were imposed upon previously approved plans, and existing easements and encroachments must be respected. 2. Any borings and other tests necessary or appropriate to satisfy the Town of Vail of the adequacy of sub-base would be performed, any corrective action would be taken, and adequate asphalt would be placed aver the road, on or before the 1st day of November, 1993, or by the issuance of the first temporary certificate of occupancy for either the Cornerstone or Waterford projects, whichever is the earlier date. 3. A current Improvement Location Certificate for most of Westhaven Drive, by which the road and the adjacent improvements are identified, is available and is being provided to the Town of 3 Vail by the new owners of the Westin Hotel. An improvement survey, prepared in 1985, covering all of Westhaven Drive between the South Frontage Road and Gore Creek, is also available. It should, perhaps, be noted that the value of this survey work would be several thousand dollars if it were not being made available by the owners of the Westin Hotel. If an update is necessary, the time and expense should be significantly less than starting without any base data. 4. The testing and any additional mapping will be funded by contributions in the amount of $5,000 by MECM and 0$3,000 by Cornerstone, to the extent of $8,000. In the event the cost exceeds $8,000, CVA will contribute up to $3,000 toward such costs, which latter amount would be applied to the CVA commitment dealt with below. 5. An acceptable safety device, such as conspicuous signage or an electronic eye activating a red signal, could be installed to prevent over-height vehicles from attempting to travel under the pedestrian bridge. 6. Based upon the determination that the asphalt overlay is expected to be approximately $36,300,00, that some additional funds will be required for a safety device, and that the sub-base is adequate, the CVA would join in funding of the project based on either of two approaches: _ a. CVA would contribute to the asphalt overlay of Westhaven Drive and the installation of an appropriate safety device to the extent of one-half of that cost, such half not to exceed $24,000. MECM and Commercial Federal Savings have indicated that they would also jointly contribute one-half of that cost, not to exceed $24,000. OR b. CVA would contribute to the asphalt overlay of that portion of Westhaven Drive other than that adjacent to the Waterford and Cornerstone properties and to the installation of an appropriate safety device,to the extent of $24,000. MECM and Commercial Federal Savings have indicated that they would be responsible for the asphalt overlay adjacent to their respective properties, not to exceed $24,000. Under either of the above alternatives, the $24,000 to be contributed by CVA would be reduced by that portion of the $3,000 committed above and spent by the CVA toward investigation of the problems. No provision or agreement has been reached regarding the funding of any balance which might be required for such road improvements. Under either alternative, MECM would provide financing to CVA, to be (a) paid though annual payments of 4 12,000 per year, (being approximately the amount now applied annually to snow removal for Westhaven Drive), and (b) interest- free for two years. It is our clients' hope that the parties involved will agree that the foregoing proposal will recognize the respective interests which each party has in resolving the Westhaven Drive problem, and that the proposal equitably establishes a method for resolving that problem. ery trul ur , DUNN, A LA & C NS , hur A. bplana Jr. Attorneys for W in Ho 1 Property WEAR, ROSEN & TRAVERS James Wear Attorneys for Cascade Village Association Enclosures: Cost Estimate Cascade Village Area Map 5 WESTHAVETd C`RIVE 1/1£;'93 CASCADE VILLhr-,E ' ROAD St1RFACE/SU9SURFACE TESTING Based on conversations with Greo Nall of the Town of Vail Public Works to determine test .hole intervals and Chen-Northern which could crouide testing services the followinQ_ is an estimate of the cost of core drilling and analysis: Chen-Northern services for 6 holes 3 2,600 STP.EET :MPNOVEMENTS • Based on conversations with B~°c$ Excavating cn 1/!5/9'3 the following is an estimate of cost for the addition of a 2` asphalt overlay far sections of Westhauen Drive. It is assumed that the existing subgrade structural materials and corncac!ion are acceptable and that n:inimai trepanation and leveling is.reauired criar to apGlication cf the 2" overlay. AF.EA A - l:tper Sus turn around area (~cuth Frontao_e Road to crest cf hill) Prep and levelir,q 3 8L0 Stablization fabric 1,4QQ Asphal t o~~er i ay IL',QwO ~ 12.2J0 R4EA c - Crsst hi i l tc ~!estin Car-erentG Gentzr Free a^d ieveli^c - YQ~' ~.'*a`,•l?ast'o^ *3G"i: :try. 2" A_p•^.ait cverla;• ti,'.'.i:G V I iv'Y ?;REA C - wes`.:r. C;;rsfe^en:e Center to _~cre Creei; °riape Prey and leveii~~ •3 2,~JQ Stabl'szaticn fabric 1.9t~Q 2" Aschalt averlay 1~1.:iC!Q 3 1?,GJQ ' ~ ~.~,3oe Lir,til such time as the road surfacelsubsurface investigation is completed and the conditions determined to be acceptable to the Tcwr. of Vail there is significant ris~K that the cost of road improvements could be much higher t!•;an estimated abo~ae. It should also be noted that the S~~g estimate is ;,nl:f an estimate based on a preliminary ins:,ection. T^ere :*a~• he ad.^'.itional _ cost ccnsideraiions such as raisinC a#ility ca~ars. Driveway aprons, etc. i ` _ M CASCADE VILLAGE VAiI, COLORADO r - - + ~ ~ ~ ll ~ ~ CASCADE VILLAGE CI U11RUFt > l1 VO T _ [ ~ r h11URACE IV SIZE ~ VJESIIN I IO I EL NOR I li ~ y I h11lLRACE 1 PI I/lSE I TERRACE WING ~ P y~~~ CI (AIRLIFT TERMINAL ~ ' i CONfERf.NCE r Qr _ ~ I-`~'1..~.-- CENTER C.M.C. MIIIRnCE 1 OUIIUINC PI LASE II 0`~~ ~ CORNERSIONESIIE Its ~ - - MI[IRACE111itIE I ~ ~ WAlER10RUS1fE ( 1 r ~ WES f I IAVEN Stl E CASCADE ClUD1PARKING STRUCTURE D ~ - t -Z . , I_ ~ ~ - ' I-- ACCESSPAIFI 101ENNIS000RIS . ~ SOU I I 1 f RONI'AGE RUAU INIERSTAIEIIIGIIWAYN0.70 ' . CASCADE VILLAGE DEVELOPMENT t , ORDINANCE N0. 1 Series of 1993 ;~,AN ORDINANCE REPE~'~LING AND REENACTING ORDINANCE.NO. 41,.SERLES OF `1991, TO PROVIDE CHANGES TO AREA A REQUIREMENTS FOR SDD N0. 4 sTHAT CONCERN THE DEVELOPMENT PLANS FOR THE WATERFORD, AND THE CORNERSTONE DEVELOPMENT BUILDING SITES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, MEC~4 Enterprises and Commercial Federal Savings 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. 4; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and-reenact Ordinance No. 41, 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. 41', 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 recommendations of the Planning and Environmental Commission for an amendment to the 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: 1 t r 18.46.010 Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in-a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 18.46.020 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed. as a short term rental in which all such units are operated under a single management ~roviding 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 t~ another accomn;_:dation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Chapter 17.26 Condominiums and Condominium Conversions. 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 0.9 '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 Develo*~ment Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Duplex Lots C 29.104 Glen Lyon commercial Site D 1.800 Dedicated Open Space 40.400 Roads 9.700 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 Cascade Club site as approved by the Town Council. The Waterford and Cornerstone i i 3 .r , sites shall be allowed one development plan each. Development Area D shall be allowed~to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in Section 18.46.103, 1-4. 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. Ar.e~ A. GascadP tillage 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 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; ? Transient residential dwelling unit; 4 l ~ ' 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. 1$.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. P B. Area B. Coldstream Condominiums 1. Public park and recreational facilities; 5 ~ 2. Ski lifts. 1 C, Area 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 18.46.070 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or c~rports, 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 6 s ! f permitted or conditional uses, and necessary for the operation thereof, 9. 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. 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 7' 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 In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units as defined by the tables in Section 1$.96.103 for a total density of two hundred seventy (270) dwelling units. B. Area B. Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lvon Duplex Lots One-hundred four (109) 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 288,695 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA. C. Area C. Glen Lvon Duplex Lots GRE'A shall be calculated for each lot per Section 18.13.080 density control A and B for the Primary/Secondary district jof the Town of Vail municipal. code. ~ 8 " ~ 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 Sauare E'ootaae A. Area A, Cascade Village Area A shall not exceed 35,698 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. 18.96.103 Development Statistics for Area A. Cascade Village, and Area D, Glen Lvon Commercial Site i i 9 ~ . 1 a Com ete Pr P .......,1,..... :.t::.:..:. . I RetaiU Square On-Site Cascade Structure _ AUs DUs _~GRFA . ~ Commercial I Feet I Parkins ~ Parking _ MILLRACE 1 v 1 ~ 16---~ 20,000-~ I ~ 28 0 MILLRACE II I I 14 I 17.534 I II I 25 I 0 Un tsRACE IV ~ ~ 6 ~ 10,450 I I I 19 ( 0 WESTIN ~ 148 55,457 I 0 115 Aliredo's I 104 Seats 0 0 Cafe ~ 74 Seats 0 0 little Shop ~ 1,250 0 0 Pepi Sports 2,491 0 0 W & H Smith, Vaurnet 900 0 CMC BUtLD1NG Cascade Wina + f II I 15.870 0 16 Ciancy's I ~ 1,600 0 13.3 Theater ' 4,220 28 College Classrooms 0 40 College Office j 0 4 Theater/Meeting Room 2J~ i 1,387 I I 0 11.5 Rooms CE WING ~ 120 ~ I 58,069 I 5,856 I ~ 0 ~ 20 Retail Rooms' I ~ 20 I I 7,205 I 1,099 I ~ 0 I 4 Retail • Confe enice ~ ~ ~ ~ 925 ~ ~ 0 ~ 35 Retail ' CASCADE CLUB ~ Retail I 300 0 1 Bar & Restaurant 252 0 3.5 Otfice in CMC ~ 828 0 3 Wellness Center 1,386 0 7 Oflice in Club 420 0 1.4 TOTALS I 288 AU I 44 DU I 184,585 I 19,173 I I 72 I 426.7 hor the purposes of calculating GS2hA for the Cosgriff 1'arccl (Millrace 1V), no credits shall be given except for 300 sq. ft, to Fx allowed for uch encloud parking space, per Section 18.4G.210(cX5)(j). 1~ I t , ART 2 Are ~CH a A Proposed_Pro~ects } ....::.vii: ii: On Silc Cascado 1. CORNERSTOE'dE AU or TR_ DU I-_- GRF_A_ I-Commercial Squire Feet Parking Strucwred Parking_ l)nils 64 7R_ 213,1 10 ~ - - 53 - Employee Units' ~ 3 ~ 1,F300 3 Retail-_ _ J - 11,_100__(_ 37 TOTALS - - - - - -I t 64 TR I ---j 213.110 11,100 I gg-'~ I ~ On-Site Cascado 2. WATEFiFOR_D AU orTR-.___ DU~ GFiFA __Commcrcia.l ~_Square Feet Pa56ng,-__.-I Structured Parking- _ Unts 2' DU 47,500 - Employe Units 2 1 100 ~ , I 2 1 TOTALS i ~ ? DU I 47,50b~1 - I- 58 i I 3, Wosthavcn On-Silo Cascado _ Condos _l_AU or TR I_DU _ GRFJ1 Commcrta, al.-I_Sduare Feet Parking,~l Structured Parking Units 20 22 500 ! 40 T Employee Units-(M~x tl) ! I 10-hG,~100 _I 20 T07AL I 20 DU 1~2?.500 ~l'- r-l. r. -I --sp I - On-Site Cascade 4. Mlliraco III _ AU orTR _DU_ GRFA_ Commcrclai_I_Squ~re Feetl Parking_ __~I Structured Parking- I-- -=-I---- TOTAL -I_----- I-- 3-~ 6 000 _-I _._I_ G I I I 3 DU 1 6,,000 1 I (---6 = - 5. Cascado Ctub On-Silo Cascado Addltlon l AU orTFi_l DU I Gf~FA J Commercial ~ Square Feet) Parking_' ___I Structured Parkirig_ Scenario 1 _ - _ (Wellness Cenler) 4,500 - 22 5 , or Scenario 2 LGymna-siuml 4 500 p TOTALS - - Scenario 1 ~ ~ ~ ~ 4,500 22,5 Scenario 2 ~ 4.500 ' On-Site Cascado ` 6_Piaza 0(tice•• I AU orTR ~___DUiI_ -_Gf1FA__L_Commercial_LSquare Feet_I_ Parking I Structured Parking_ I 1-- --I ~ 925 -I__, I t 7;,U TOTAL I 64 TR I 50 DU I 104,'110 I 16,525 I 4,500 ~ 217 I 23.2 . MAXIMUMS i • l~nployee snits shall not cayu toward density a C:RFA fur tltc pwptzsc of Utis SUU. Plana space hax already horn crnimal Rx a retail parking rcquirrntcnt. 'the new parking requircmatt i+ based at dro diffcrwtec bdwccn the rouil and office parking reyulremenU. Tw.al r,„wes represent highest density and cenonacial scrnarios. ~ - CHART 3: Area A t Requlritd Parking J Parking for Completed Projects Parking Spaces . per Chart 1 in Cascade f irking Structure ~ 426.7 Proposed Projects w/ req. parking in the Cascade Parking Struc.: Scenario 1 -Wellness Center 22.5 OR Scenario 2 -Gymnasium 0.0 Plaza Office 0,7 Subtotal 449.9 _ l Less 17.5% Mixed-Use Credit _ _ _ -78,7 Total Req. Parking at Build-Out ~ V of Area A in Cascade Struc. 371.2 ; f'µ Exist. Parkinct in Cascade Structure 421.0 Required Parking in Cascade Struc. at Buifd-Out of Area A With 17.5% mixed-use credit 371.2 ,j 1 1 11 • Area Units GIZI'A _ ~ (AcresL 16. DU/Acre l .35~„ • ' Ori~3inal Parcel •15.68 252.00 256, 437. ~ • ltobhins, Parcel 1.23 1 ~ . 6 8 18, 752 • • ~ . , Cosgriff_Parcel 1.•.0.4.5,..,.,..,:.,... 1fi.7Q ~ 15.'932 . ~ 17.955 288.40 291,121 . F. DEVE`LOPME:JT FOR AREA D, GLEN LYON COMMERCIAL SITE SDD ~ 4 , AREA ,D _ • ` DEVELOPMENT SQUARE jF00TAGE AND PARKING PER TOWN OF VA.IL REQUIREMENTS FEBRUARY 26, 190 PHASE Ia PHASE I,Ia & II PHASE I,Ia,II AND III DEVELOPMENT DEVELOPMENT DEVELOPMENT ,Sq.Ft./Parking , Sq.Ft. / Parking , S.q.Ft._,./ Parking ' Glen Lyon CSf ice Bldg. ~ ~ ; ~ . (Existing) - 10,150 90.6 10,150 , 40.6 ~ 10,150 40.6 . . I~HAl3E IA G3en Lyon i • Or"fice Bldg. 400 1.6 400 1.6 i 400 1.6 - i pHA ~E I . Glen Lyon ~ Bldg. • - O.Efice 0 ~ 2, 400 9. 6 2, 400 9.6 CHASE ix 2~lic:ro-brewery ~ -Office 0 3,780 15.1 ~ 2,634:.. 10.5 -Reception/ 3~Juseum 0 480 0.0 480. 0.0 --Retail 0 175 .6 885 •3.0 -Fermentation! Brewhouse 0 970 0.0 1, 406•= •0.0 -Beer Nall 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 42.2 21,435 96.3 21,435-' 94.1 PHASE SIZ ~ , . East Building I j• ' -2 Employee ~ ' ' • : Units 0 0 0.0 ~ 1, 695: 1 4.0.. -1 Dwelling , ~ Unit 0 0 0.0 ~ • 1, 630 2.0 . ' -Office 0 ~ 0 ~ ~ 0.0 ~ , :2, 400 9.6 ~ • ' SUBTOTAL • w-MO--------~- 0 : 0.0 ~ ~ 3, 325 ' 15.6 . • ' ' . TOTAL COMMERCIAL AND RESIDENTIAL ' ' ~ . 'i ~ SQUARE FOOTAGE. AND PARKING : ~ I , : ~ ~ • . • . .21,435 ' 96.3 ; 24,760 110.0 ' , . I, ~ ~ . I ' ~USED~ HIGHEST PARKING REQ. POSSIBLE. BASED OPJ ;SEATING • ~ f • ~ , 12 • 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 developer. 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 the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated i1-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1,1, dated 11-13-92, Site/Grading Plan Gwathmey, Fratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'- 6"/53'-0", Gwathmey, Pratt, Schultz. 1 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'- 0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'- 6"/74'-9", Gwathmey, Pratt, Schultz. 7 . Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80' - 0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'- 6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2,7, dated 11-13-92, Plan Level 101'- 0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, -Plan Level 111'- 6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'- 0" Gwathmey, Pratt, Schultz. 12, Waterford, Sheet #2.10, dated 12-14-92, Roof Plan .All. 13 Levels Gwathmey, Pratt, Schultz. 13. Waterford,' 'Sheet #3.1, dated 11-13-92,' Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22 Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey,,Pratt, Schultz. 23. Cornerstone, Sheet #L-1, dated 11-13-92, Landscape Plan Dennis Anderson. 24. Cornerstone, Sheet #1, dated 12-21-92, Cascade Village Master Plan Gwathmey, Pratt, Schultz. 25. Cornerstone, Sheet #2, dated 12-29-92, Floor Plans Gwathmey, Pratt, Schultz. 26. Cornerstone, Sheet #3, dated 12-29-92, Floor Plans, Gwathmey, Pratt,' Schultz. Schultz. 27. Cornerstone, Sheet #4, dated 12-21-92, Elevations Gwathmey, Pratt, Schultz. 28. Cornerstone, Sheet #5, dated 11-13-92, Site Plan/Grading Plan, Gwathmey, Pratt, Schultz. 29. Cascade Club Addition Site Plan, Roma, 10110/88. 30. Cascade. Club Floor Plan, Roma, 10/10/88. 14 31. Millrace IV, Scenario I, a/k/a Cosgriff,Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91., 32. Millrace IV, Scenario I, a/k/a Cosgriff ,Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91.. 34. Millrace IV, Scenario I, a/k/a Cosgriff ,Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade~Village, Eagle Valley Engineering, Leland Lechner, 6/8/87._ 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar R 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. 4, Vail Micro-brewery, Seracuse, Lawler, and Partners, Denver, CO., sheets A2.1, A2.2, A2.3, A3.1, A3.2, A4.1, A4.2, dated 1/8/90 and sheet A2.4 dated 12/13/89. ' 5. Vail Brewery Roof Study, Frank Freyer, 1/8/,.90....... 6. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma, 11/28/88. 7. Glen Lyon Parking Garage Sections/Elevations, Roma, 11/28/88. 8. Glen Lyon Condominium, Roma, 11/28/88. 9. Glen Lyon Condominium East Building, Roma, 11/28/88. 10. Deck Enclosure (Phase IA) to Glen Lyon Office Building, Pierce, Segerberg and Spaeh, dated 9/20/90. 15 11. Landscape Plan, Phase IA Deck Enclosure, Pierce, Segerberg and 8paeh, dated 8/19191. ' 12. Office Addition to Glen Lyon Office Building, Buff Arnold/Ned Gwathmey Architects August 25, 1989 Sheets Al through P,4: 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 a, January 16, 1990 pages 1 1-a. 18.46.110 Development Standards The development standards set out in Sections 18.96.120 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 16 : ' 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 building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B. Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C. Glen Lvon Duplex Lots Required setbacks shall be governed by Section 18.13.060 Setbacks ~f 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 Heiaht 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 feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road) 56' along the west elevation Westhaven Drive), and 65 feet along the south and 17 east elevation as measured from finished grade. 4. WPSthaven'Building: A maximum of 55 feet. 5. Millrace III: A maximum of 48 feet. 6. Millrace IV: A maximum of 36 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 Duclex 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 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the buildings for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the heigh4t allowances for Area D. 18.46.160 Site 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, 45% of the area may be covered unless otherwise indicated on the site specific development plans. In Area C, no more than 25% of the total site .area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. In Area D, no more than 37% of the total site area shall be covered by buildings and the parking structure. 18.46.170 Landscaping 18 ~ - 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 appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of the area shall be landscaped unless otherwise indicated on the site specific development plans. 18.46.180 Parking and Loadinay A. Area A. Cascade Vi11~.aae 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. 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 in the Cascade structure. 3. There shall be a total of 58 'on-site parking spaces on the Waterford building site with a minimum of 75~ of the required space located below grade. No mixed use credit shall be applied to this site. 9. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking.' No mixed use . credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking. requirements. 19 1 f for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units.. 6. Phasing: All required parking far Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 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. 7. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen 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 surfa~ce~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. 20 minimum of eleven spaces shall be located in the garage of the east building 'and a maximum of ~ surface spaceslshall be located adjacent to the t 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 anytime. 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 loac~irig that shall be allowed to the site shall be vans having a maximum length of 22 21 . ~ . i 4 feet . 18.46.190 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 xate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. .18.46.200 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in Section 8.28 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 Repgrt by Jamar Associates on Page i 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 22 . 1 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 Anbroval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. C. Area A, Cascade Village 1. The developer shall be responsible for providing a break-away bollard for the emergency access road between Eagle Pointe/Park Meadows, 1472 Matterhorn Circle, and We~thaven Drive. The design of the bollard shall ~e 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 23 buildings, or Cascade Club addition. The bollard shall"be included in~the permit plans. The bollard shall be cons,truc,ted~subsequent to the .issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. 2. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the .recreational path to Donovan Park. The walk shall be constructed when a building permit is requested ..for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven .Condominiums. 3. The developer shall provide 100-year 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 1 approval before a building permit is requested for the Cornerstone, or Millrace III, or Millrace IV, 24 Westhaven Condominiums, or Waterford buildings, or Cascade Club Addition. 5. Millrace IV, Scenario I. 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 form acceptable to the Town Attorney, shall run with the land, and shall be recorded on 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 Upper 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 Section 18.46.140(18) of this ordinance into their 4 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.., 25 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 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. 26 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 of any kind (overlapping stairs, mechanical, etc.), except for 300 sq. ft. to be allowed for each enclosed parking space, shall be given. 6. Cornerstone a. Before the building permit is released for the project, the developer shall permanently restrict three employee housing units in accordance with Section 18.46.220 of this ordinance. b. The developer shall complete asphalt borings and an as-built survey, and provide them to the Town of Vail for the area of Westhaven Drive adjacent to the Cornerstone site in order to determine the condition of ~n7esthaven Drive. The, Town Engineer shall determine h when these drawings shall be require 3. c. The landscape plan set forth in the development plan for Cornerstone between the Terrace Wing and Cornerstone buildin~~ shall be revised prior to the review of th~a project by the DRB in the following ways: 1. For emergency services, an access lane stall be provided from the western courtyard 'to the ski lift. 2. If deemed necessary b;y the developer and the Community Development 27 , ' Department staff, the water feature on the `la'ndscape plan may be removed or revised. The landscaping in this area-shall be part of the Cornerstone development and, therefore, - it is the Cornerstone developer's responsibility to complete this portion of the project prig to the release of a final Certificate of Occupancy for the project. These plans shall be included in the building permit for the Cornerstone development. d. The area of Westhaven Drive under which parking is located for the Cornerstone project shall be conveyed and transferred to the Cornerstone property and shown on the minor subdivision for the Waterford site. An easement shall be granted to the Town of Vail over this area for public access. The minor subdivision shall be submitted by the developer before a building permit is released for the Waterford or Cornerstone site. e. All fireplaces shall be gas appliances pursuant to Section 8.28 of the Vail Municipal Code. f. Those spaces allocated to commercial areas as short term public parking shall be permanently restricted for the use of the 'Cornerstone project. All required parking ''associated with the uses shall not be conveyed, used or leased separately from the uses. Public parking on the Westhaven Drive level of the Cornerstone project shall be made available to the public for short term parking. 28 1 7. Waterford a. The developer shall permanently restric*_ t::e two employee housing units. provided. in the. Waterford Development-Plan in accordance with Section 18.46.220 of this ,.ordinance. b. A minor subdivision plat shall be completed and recorded prior to the release of any building permits for either the Cornerstone or Waterford developments including the provision outlined in Section 18.46.210 6d. c. The developer shall complete asphalt borings and an as-built survey to determine the condition of Westhaven Drive from the South Frontage Road to the south end of the Cul-de- sac on Westhaven Drive. The developer shall provide stamped, engineered construction drawings for any road revisions that are necessary to meet the Town of Vail Subdivision Standards. These construction drawings shall be reviewed and approved by the Town ref Vail's engineer prior to the release o~ a building permit. All road improvements shall be completed by the developer for the project ,prior ao the release of a Temporary Certificate of Occupancy (T.C.O.). The road shall be dedicated to the Town prior to the release of a T.C.O. The developer shall dedicate a public access easement for the remainder of Westhaven Drive which shall a conveyed to the Town within 30 days~itha.ri he approval of the SDD amendment unlld..er consideration. by the Town Council for MECM Enterprises. The developer shall take all steps necessary to permit the Town of Vail to enforce its 29 parking ordinances on Westhaven Drive. d., ..The recreation path shall be relocated as set forth on the development plan and shall be amended on the minor subdivision plat for the Waterford and Cornerstone lots to correspond to the new location. e. The DRB will review the landscaping in the areas of the retaining walls on the west and east ends of the site. The DRB will review the north elevations architectural•details. The applicant shall review the possibility of eliminating the skier access on the east end of the project. ,However, if the applicant can significantly decrease the retaining walls necessary to build the access, the skier access may remain. f. All fireplaces shall be gas logs permitted pursuant to Section 8.28 of the Vail Municipal Code. D. Area D, Glen Lyon Commercial Site. 1. The developer shall agree to construct a bus lane per Town of Vail standards in the area of the porte-cochere of the Micro-brewery in Area D. The specific location for the bus lane shall be mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town of Vail. The bus lane shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery ,addition, office expansion 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 30 :~aintained 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 .far 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 ~o the issuance of a temporary certificate of`o~ccupancy for either the Brewery addition, office expansion excluding Phase IA, east office building or parking structure. 3. The developer shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of ,the property. This utility work shall be constructed ,subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for 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 31 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 CDOI3 access permit. The developer shall submit plans for the South Frontage Road improvements to the Town of Vail Engineer for review and approval before a building permit is released for either Phase I excluding Phase IA, II, or III construction. 8. .The conditions for Area D in Sections 18.46.180 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 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 32 r 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 statementythat development of the four parcels shall be governed by the approved SDD 4 development plan for area D and governing ordinances. c. The Community Development Department and Town of Vail Attorney shall have'the right to review and require changes in any "Agreements of Tenants in Common", "Conveyance of Easement and Party iaall 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 33 • ~ 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 vn the land records, of Eagle County. 10. The entire Glen LyoniOffice 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 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 Emnlovee Housing The development of SDD No. 4 will have impacts on available 34 . v 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 developers} of Area A shall build a minimum of 8 employee dwelling units within Area A Westhaven Condominium building, 3 within the Cornerstone Building and 2 within the Waterford Building. Each employee dwelling .unit in the Westhaven Condominium Building shall have.a minimum square footage of 648 square feet.. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 ..square feet and the other a minimum of 800 square fe~:t. 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 ~ F 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 yE~ars plus the life of Tiffany Christine Lowenthal from the date of final certificate of occupancy for said unit.. except those units in the Cornerstone and Waterford developments. The two employee dwelling units in Area L~ shall be restricted as rental employee dwelling units permanently. In Areas A & D the ' following restrictions .hall apply to all employee dwelling units except for those Units in the Waterford and Cornerstone Buildings. The employee dwelling unit shall not be leased or rented for any period of less than 30 consecutive days, and tY.at if rented,.it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to 35 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. Before any building permits shall be released for either the Cornerstone or Waterford developments, the employee housing units shall be permanently restricted ger the Town of Vail Housing Ordinance as follows: 1. The EHU shall have a parking requirement of one (1) on-site parking space and the EHU shall be located "on" the Town's bus route (as determined "by-the Town Zoning Administrator); 2. The EHU shall not be subdivided into any form of time shares, interval ownerships, or fractional -fee; 3. The EHU shall be leased, but only to tenants who are full-time employees who work in Eagle County. The..EHU shall not be leased for a period less than thirty (30) consecutive days. For the purposes of this Section, a full-time employee is one who works an average of a minimum of thirty (30) hours each week; 36 ' 4. No later than February 1 of each year, the owner of the employee housing unit shall submit two (2) copies of a report (on a form to be obtained from the Community Development Department), to the Community Development Department` of the Town of Vail and the Chairperson of the Town of Vail Housing Authority, setting forth evidence establishing that each tenant whom resides within the employee housing unit is a full-time employee in Eagle County; 6 5. This agreementf shall be recorded at the Eagle County Clerk and Recorder's Office. 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 4. If any part, section, subsection, sentence, clause or phrase of . this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed,-any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 37 , ~ 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 r=evise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1991, and a public hearing shall be held on this ordinance on the day of , 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. Peggy A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ~ day of , 1991. i 4 Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 38 • • w • ' ' . E::11 I I T "a" 1(OELaLL PAOPEP,T1' . DEV)rLOPI~IL:~T nRLll 11 Vail-Rose... 12.370 acret . ~ part of the SW 1/4 N>r 1/4 of Section 12, , • ~To~anship,' S, South, iZance 8l hest of the 6th P..1. , described as ' follows: . Beginning nt a point on the 14est line of said St•1 1/4 NE 1/4 fzom which the North one-aqu3::ter corner of said Section Dears north OJ15` East 22G9.48 feet; thence north Oo15' l=ast, • along said West Line, 15.36 feet; to a point on the South°aste_'_1 .right of way line of U.S. liigh~:ny tlo. 6; thence, along said Sout:~eastesly right of way line,. as follot~s: • ~ Nor.th 52027' East, 102.31 feet; ~ ~ . ~ North 49°20'.Eant, 519.57tfeet; and • • North 48°13' East, 5x9.09 feet, mo:.e oz less, to a point on the North little of said StJ 1/4 t'fE 1/-0; thence North 88°33' East, along the North line of said Si•1 1/4 yE, 368 feet, more or. less, to a point. on the centerl'ne of Gore Creel; the^ce, alone the • centerline of Gore Creei:, as fol?o::s: ' South 36oa9' ~•1est, 101.04 feet; . ~ South 18021' West, 5x.08 feet South 102 d' l•lest, 20.02 feet; • South 12°10' 1.7est, 110.25 feet; at3c • South 28°41' t•:est, 242.35 feet, thence Sout:~.75°15' West, 1064.10 feet to the point of begin:.=:.g. ; Tlose i`~rcel ~ 3.190 acrer • n tract of land situated in the S1:,~:EIS of Sec~ion 1., ,TP 5 5. , R. 81 t~, , of the 6th p.:•l. l;~ing Southe.'_y of that cer~~in •tr~ct of .land desc=ibed in Book 199,,' 1'aae 197, 1Jor~heT?v and t•testerl~ of tl~e censer line of Gore ~Creet;, and Ding tlort:terly and Easterly oz those certain tracts described in }3ook 211 at Page.105, Dool: 211 aL• page 108 and pool; 215 at; Faye 3G5, descrited as - - f al lo~1s Beginnino at a point on the tdorth-Sout:~ center line • of said Section 12 whence the North quarter corner of said Section 12 bears 11. OOo15' E. 2269.48 feet; thence 11.~ 75°15' E. 346.2;6 feet to the true point of beginning, said point being on the South line of that tract described in pool; 199, Page 197 and which bears S. 08°?6' E. 2205.3~I feet from the t•lorth quarter corner of said Sec~ion 12; thence N. 75°15' E. 717.84 feet along tl~e Southerly • line of that L•ract described in Doak 199, Fage 197 to the center , of Gore Creek; ~ thence S. ~26°41' W. 130.61 feet along the center line • of said CreeY,;'~ • thence S. OS°24'30" E. 104.50 feet along the center line of said Creek t: thence S. A9°29' W. 95.50 feet along the center line • •of said..Creekt • ~ ~ thence S. 22°~4' W. 129: q7 feet along the center line of said Creeks thence S.•5A000' W. 119.34 feet along .the center line of said Creekt'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 tl~e Easterly line of that tract described in Book 211 at page 108; • thence N. 'S7°42'30" 1~T. 169.88 feet along the Nor:henst,erly line•of that tract described in Book 211 at page 108; • thence N: :66°02`30" W. ~162,92'feet Along the Northerly :.line of•_,thosc tracts described in IIook 211 at Page 108 Book 211 , `•~`at Page 1,OG to'a point; • thence N. 32057' 30" hT. 76.0© feet along the • Northeasterly line of that tract described in Baok 215 at Page . 365, to the point of beginning'. • • • 1 S 1 . • ~ 39 t~ • . ~ . - CO::TI::ULD AND All that part of the St•);NIr~ ~of Section 12, lying .Sou•therly of . the center of Core Creek as ~stiown• on the plst'onfile in the ` of lice of the Eagle County Clerk and Recorder 'as Docu;~ent t)o. • 97.769, described as follows: ~ Beginning at the Northeast corner of said St•)~i!)r,; - ~ • thence South 88°33' 1Jest 131.67 feet to a point iri the• center of • said Cree};; ' thence .South 4UoV9' ti•;est 9x.04 feet alc,ng t}:e center of said Cray:}:: thence South 18°?1' tJest 5x.08 feet along the center of said Cree>;: thence South 1°~•I'. West 205.02 feet along the center of said Cree'r.: thence South 1210' t~'est 110.35 feet along the center o= said C: ea}:; thence South 280x1' 1Jest 320.00 feet; thence South 5°2x'30" East, ~ 170.00 feet along` the'.center of said thence Sout:~ 27000' 02" t•)est 85.24 feet along ,the center of said ,creek; thence Sout:~'S4°00' t•Jest 259.33 feet along the center of said • cre~!c ~ , . .thence Souty 65034' 1Jes~ 109.62 feet along the •center of said creek; thence South_69o0a' Z1est 186.13 feet alono~the center of said creek; thence South 85°25' jdest .68.88 feet alone the: center of said creek; t}~ence ?lort!~ 7703G' t,iest 2G.96 feet alone the center o: said c:esL; • thence ilorth SO°33' t•:est 199.19 feet along the center of said c:.ee}:; thence i•lort!~ 34°~1Q' 1ti'est 239.09 feet along '.the center of said c=eek; . thence Soutz 76°35' t•lest 89.91 feet alona+the center of said c:aek; to ~ r.oint on the t•)esterly line of said St•i;i•:E;; ' tf:ence South Oo15' t•)es:. 4G1.90 feet: to ~tlie center•of said Sec:.?en 127 tfie~ioe North 09.02' East 1302. G5 feet along the. 5outl~e_ly line of said SI:;~iL; to the Sout:~2ast corner of saic]' St•;!;t•11r;; t1~snEe t•lort`~ 0°OG' East 136.1.32 Beet alora tt:e Easterl_! lir.° o` said St•i;t~L; to the Nor~heast comer oi~ said Sti•'ji:E:, the poia~ of beginning, ~ , • AND . .w The Nti,SE, of Section 12, Township 5 South, Range 81 }9est of t::e 6th P.rl. ; ' AtJD . . ~ Al]. that part of• the SE:NWI; of Section 12 T~:rnship S South, Range • 81 West of the 6th P.rI., lying Southerly oz the Southerly right of way line of U.S. 1)igh:~ay No. 6, as shown on the plat on file•in the office of the Eagle County Cler}; and Recorder, 'as Document No,. 97489, described as follows: ' Beginning at the Southeast corner of said SE~1l7J;; thence South 89°02'-West 836.95 feet along the. Southerly line of • said SE;NW~; to n point on the £~outlierly right of way line of saki highway) ~ . thence North 52035' East 1057,07 feet along the~So~~t•herly right of way line of said }~igl~way to a point on the Easterly line of said SE NNW?; ; • thence South 0°1S' West 628.21 feet along the Easterly line of said SE:i~1ta; to the Southeast corner of said $E:tJt•t~t, the point of beginnings • E~C1PT THE FOLLOWII~G : ~ ~ • • • 'that part described in Book 188 at page 545; • that part described in .BC~ok 191 •at page 241; that part described in Boo}; 203 at page 231; _ t 40 • . r _ _ _ . r ~ ~ CD.~j I.it~L~ ' . .that part, described in Booh 203 at page 531; that certain island adjacent to the above-described .proper~y. and . located in the micelle vi Gore Cren}:, wl~ic:~ the pant es- intend - to exclude fzcm this transaction;• 1~ County c F Eag ].e . State of Colorado. , ' ti ~ S t r; _ ~ • ALSO. Y}}E FOLLO:}li;G FARC"cL FOF~l"c°L'! Y.NO:d~I AS Tl:i:."COSG;IF~ AARCzI"~~ . A tract •~of 1 znd situated in the StJ 1l4 2;~ 114 of • Section,l2, To»nship 5 South. Rance 81 'test of tl~e Gth Trit~ci•pal 1'}eridian, 1)•ins tiorthwesterl)' of the center line of Core Creek describeo as ,iollo~:s . • ; , = BeginninL at a point: whence the 1:orth Qut?rter ~ •Corner of safe Section 12 bears l:. ]1°U3' .1~. ' . , 2292.72 feet; thence S.~ SG°02'30" L. 6.50 ' feet; thence S. 54`42'30" L. I6°.Eti feet;. thence ~ S. 3s`lG'3U" L. ]0.12 feet 'to a point in the • • center of sai~ creek; thence 5. 65°.3~.' 1.. ]09.62 ' feet al ors the center line of said creek;" th~nee - ' S. ~69`(~~}-' :'0.78 feet along the center ]inr of sai~ creek; thence 23`•J2'30" W. 317.54 feet to the point of Leginnins, eontainin~ 1.05 acres. mort o- less. ~LSU DLSC~.7 EErJ - • Beeinn,ir.~ n: a F:~;n~ ~d~~~r~cN the t4c,Yth Quzt~e~: . Corner of Sa: cl 5EC-ti oh I~ beam N. 1 f • D3' ~l. 2.2~2.7~ iedt; tl~c*:ce S. 85°A3'14" lr• •89.8q feet; thencE S. 3i'25's(?" E.. 165.4b ,fFet; t:•~Ence S. . ~ 31°54'30" E. 141.47 feet to a point in the ~~'center of said creek; thence 5. 65°31'36" h' 10.9.6.2 feet Elons the center line of slid, tree:.; thence S. G9`'U1'3G" l•'. 103.02 feet aloes the cNnte; 1 ine of szio creek; thencc? }l. 23' 24'09" 1•... 3] c,.(~~ f cE t to the point of bepinnin~,. . " TOCLTI]LT: •)+'IT}1 an eESesaent a~ described in 'Docue,ent ~ ~ ~ rc'coroEd August S. 196t~ in Eook 306.at._,PaFe 44:5 • ~.:.:,an~ reco~dad i:, ~c~c~K 307 bt P~gE 8b •of the; . ~ Eaf:l~. GountY .1'eCOTOS. - ~ I~LSO including e2] taster and Wel] ri~hts> - ,;nppurtEnsnt to the Qbove described property, • h~e1 1 Ferni t tto. ~ ' incluc~inr tcithout limitation. • ~ ~ 94702. t;ater rifhts oecreed in Civil hc:ion };o. 237$ in LaslE Gount)' District Court.-;and • • ~ bl1 th2t pc~rtio:, of t:ater riFhtr dt~crccd in C:~se~'11v. E;G GW 410, Hater Division }cv. 3. ~(GorE No. 1 11e11 - U.QS cis) • . - ~ ' • ~ . . I• • 41 ~ . i . ~ Iteede Parcel ~ 1..260 acres , • County of Eagle and State of Colorado, to wit: ~ . 11 tract of• land situated in fire SW~1JE4•, of Section 17., To:mship 5 ~ South, ttange 5l t•test of ti3e Gtl~ Ariricival 1•teridian, described as follo•.as: Eeginning at a poitrt on the tlort)r-South center line of said Sect:ior~ 12 salience llie NortJ~. Quarter Corner of saic' Section 12 bears North 00 legs. 15 minx. East 2?G9.40 feet; thence tlorth4'75 deal. 15 mins. East 3}6.2, feet; thence South 32 Begs. 57 mins. 30 secs. East ?G.08 feet; thence South 11~ degs.~ 00. mins. 30 secs. hest 279,99 fee L- to•a poi it. in the center'~of Gore'CresL;•'' •;r thence North 50 legs. 32 mins. t•rest.• 111.31 feet along the cen~ez line of said creek; thence i~c+rth 38 dews. 40 mins. t•Iest 239.09 feet . along the center line of said creek; thence South::7G •degs: 35 mins. t•~est 89.1 feet along the center line of said:creek .to 'a ' poi~~t on the Nor~h-South center line of said Section :12; ~ thence ~ ' IJor:h 00 dogs. l5 mins. East 13.95 feet along tl~e IJorth=South . ce~iter line of said Sectiorz 13 to the poi»t of beginning.' • . • • . ~ . Total 16.820. acres GORE CRE~1: ASSOCIATES pP.OPERTY ~ ~ ' llEViL0F~1L::T I~R%15 B i C b D ''80.700 acres ' _ 'a ' . • Ledzl Descr_otion ~ ~ • J111 that pzrt of Section 12,- To~.;nship 5 South, Rance 81 Z~test of the Gtl~ F.:•}. , described as f olloi::s nll that par of the Najt.E's of Section 1Z, lyi.r~g Southerly of the Sout}~erl}? rig}~t-of-cagy line of U.S. lligh:aay tto. 6 and ptortherly . of tl~e. Southerly line of said id't,tE;, as shown on the plat on file.. in the office of the Eagle Count;; Clerl: and Recorder as Document. • No. 97489, described as follo:as: ` _ neainning at the l~igh~•ray survey monument at the intersection of the 5outl~erly line of said higli~aay and tt~e Easterly line of said 11 ;;dL: , whznce the 2lortheast corner of 'said Section 12 bears .North 0003' SJest G34.785 feet;. , ~ .p thence South 7302.6' 30" West 1112.13. feet along the Southerly right or way line of said highway; thence South 70034' West 125.10 feet along the Southerly, right°of 4:ay line of said highway I ~ ~ ' thence 5ou~li 69°25' Ytest 100.00 feet along the Southerly right of way line of said Highway; ~ ~ _ ~ ~ ~ thence South 65050' West 1.00.00 feet along the Southerly ling of • . • said highway; •thence South 62015' 4test 100.00 feet along the Southerly right .of ~•tay line of said highway; ~ ' ' ' thenc» South S8°40' West 100.00 feet along the Sou~thezly right of. ~ ~aay 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 7.00.00 feet; along the Southerly. right of~~-~ . way lane of said highway ~ ! • . ~ ~ ~ ~ , • ~ . thence South 47057' West 232.58 feet along the Southerlyright 'of ' way ' i ne of said highway to a point on the Southerly line 'of~'said • NktJEL ; hence t~ort}~ 88°33' East 497.67 feet along the, Sotitherly~line o~~.:: said tJh11E: to the center of the NEk of said ~Sectiori..l2i thence t~ort)t 88033' East 1379.35 feet along the Southerly•line of said 1~~tlE; to the Southeast corner of said N;tJE~3. • thence IJart}~ 0°03' Wept 7G0.95~ feet along the Easterly: line of said t~~t•1>r; to its intersection with the Southerly line.of~ said . . hi h„•a the oint of beginnin~,• ~ • • • 9 Y~ P , . . r ORDINANCE NO. 2 SERIES 1993 AN ORDINANCE OF THE TOWN OF VAIL, COLORADO, DECRIMINALIZING TRAFFIC INFRACTIONS; DELETING THE AVAILABILITY OF JURY TRIALS AND JAIL SENTENCES FOR SUCH VIOLATIONS; AND MAKING AMENDMENTS TO TITLE 10 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL. WHEREAS, state law no longer requires that municipalities afford defendants jury trials for noncriminal traffic infractions; and WHEREAS, the Town Council for the Town of Vail desires to decriminalize non-aggravated municipal traffic infractions; and WHEREAS, the Town Council deems such decriminalization to best serve the public health, safety, and welfare. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 1. Vail Municipal Code Title 10 is amended by the addition of Chapter 10.06 to read as follows: 10.06 Traffic Infractions Classified-Penalties. 10.06.010 Traffic infractions. It is a traffic infraction for any person to violate any of the provisions of the Model Traffic Code as adopted and amended in Chapter 10.04 of this Code except for the following Sections which shall remain misdemeanors: 1. Section 3-3 Specific Vehicular Stopping Requirements at Railroad Crossings; 2. Section 3-6 Stopping for School Buses; 3. Section 4-1, 4-2 Speed Limits: Driving twenty-five (25) or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of fifty-five miles per hour; Driving twenty {20) or more miles per hour over the maximum lawful speed limit of sixty-five (65) miles per hour; 4. Section 4-6, Speed Contest; 5. Section 5-1, Reckless Driving; 6. Section 5-2, Careless Driving; 7. Section 15-13, Interference with Official Devices 8. Section 21-13, Eluding or Attempting to Elude a Police Officer. 1 r 10.06.020 Civil Matter. A traffic infraction shall constitute a civil matter. No defendant found to be in violation of any noncriminal traffic infraction shall be subject to imprisonment. The procedures set forth herein for traffic infractions shall replace and supersede Section 22-1 of the Model Traffic Code. 10.06.030 Traffic Infractions -Penalty. Except as provided in 10.06.040 of this Chapter, traffic infractions shall be subject to a minimum penalty of five dollars ($5.00) and a maximum penalty of one hundred dollars ($100.00) which is authorized upon entry of judgement against the defendant. 10.06.040 Traffic Infractions -Conviction. Except as provided in 10.06.050 of this Chapter, every person who is convicted of, who admits liability for, or against whom a judgement is entered for commission of a traffic infraction shall be fined or penalized as set forth in the penalty assessment schedule as adopted and amended from time to time by the Town; or, if no penalty is specified therein, the penalty shall be fifteen dollars ($15.00). These penalties shall apply whether the defendant acknowledges guilt or liability, is found guilty or liable by a court of competent jurisdiction, or has judgment entered against him by the Municipal Court. 10.06.050 Penalty Assessment Schedule. The Town's adopted penalty assessment schedule shall not apply when the provisions of Section 10.06.060(C) of this Chapter prohibit the issuance of a Penalty Assessment Notice. 10.06.060 Penalty Assessment Notice. A. At any time that a person is charged with the commission of a traffic infraction, the Peace Officer shall, except when the provisions of Section 10.06.060{C) of this Chapter prohibit it, give a Penalty Assessment Notice to the defendant. Such Penalty Assessment Notice shall contain all the information required by Section 10.05.040. The Peace Officer shall advise the person cited of the points to be assessed in accordance with applicable state law. The penalty specified in the Penalty Assessment Schedule for the violation charged may be paid at the Office of the Municipal Court Clerk, either in person or by postmarking such payment within twenty (20) days from the date the Penalty Assessment Notice is served upon the defendant. Acceptance of a Penalty Assessment Notice and payment of the prescribed penalty thereon to the Municipal Court shall be deemed a complete satisfaction for the violation. Checks tendered by the defendant to and accepted by the Municipal Court and on which payment is received by the Municipal Court shall be deemed sufficient receipt. 2 B. Should the defendant charged with a traffic infraction accept the Penalty Assessment Notice but fail to post the prescribed penalty thereon within twenty (20) days thereafter, he shall be allowed to pay such penalty, plus court costs, to the Clerk of the Municipal Court prior to the time for appearance as specified in the Notice. If the penalty, and court costs, are not timely paid, the case shall thereafter be heard in the Municipal Court in accordance with applicable Municipal Court Rules of Procedure. In such case, the maximum penalty which may be imposed shall not exceed the penalty set forth in the Penalty Assessment Schedule. C. The Penalty Assessment Schedule shall not apply to traffic infractions specified in the Schedule when it appears that: (a) The alleged violation has caused, or contributed to the cause of, an accident resulting inappreciable damage to property of another or an injury or death to any person; (b) The defendant is charged with two (2} or more violations, arising out of the same transaction, any one of which is a criminal violation requiring a court appearance. In such cases, the Procedures for Criminal Violations shall apply. D. In all cases where Section 10.06.060(C} of this Chapter prohibits the issuance of a penalty assessment notice, the penalty contained in the Schedule shall be inapplicable. 10.06.070 Traffic Infractions -Municipal Court Jurisdiction. A. The Municipal Court shall have jurisdiction over all traffic infractions arising under this Code and the Model Traffic Code for Colorado Municipalities, which has been adopted by reference herein, with power to assess and collect civil penalties, costs and enter judgements for violations thereof. B. If the only violations charged constitute noncriminal traffic infractions, no warrant or arrest may issue. Instead the Court may enter a judgment of liability by default against the defendant; assess any penalty and costs established by law; and report the judgment to the State Motor Vehicle Division which may access points against the defendant's driving privileges and may deny an application or renewal of a defendant's drivers license until the judgment and all other lawful costs are satisfied. C. Every hearing upon a traffic infraction shall be held before the Municipal Court pursuant to applicable Municipal Court Rules of Procedure. Whenever an infraction and a misdemeanor are charged in the same Summons and Complaint, all charges may be adjudicated 3 simultaneously as a criminal matter by the Municipal Court and the Municipal Court Rules and Procedures shall apply. D. When the Municipal Court determines that a person charged with a misdemeanor is guilty of a lesser included traffic infraction, the Court may enter a judgment as to such lesser charge. E. The burden of proof for infractions shall be upon the Town, and the Court shall enter judgment in favor of the defendant unless the Town proves the liability of the defendant beyond a reasonable doubt. The Town Attorney may, in his discretion, enter traffic infraction cases to engage in plea discussions or stipulations to deferred judgment and sentence but shall not be required to so enter. The Municipal Court Judge shall be permitted to call and question witnesses and shall also act as the fact finder at hearings on traffic infraction matters. F. An appeal from a final judgment on an infraction shall be made in accordance with the Municipal Court Rules of Procedure. 10.06.080 Collateral Attacks. A. Except as otherwise provided in this Section, no person against whom a judgment has been entered for an infraction shall collaterally attack the validity of that judgment unless such attack is commenced within six (6) months after the date of entry of judgment. B. In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various ordained provisions and statutes directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitations specified in subsection A of this Section shall be: (1) A case in which the Municipal Court of the Town did not have jurisdiction over the subject matter of the alleged infraction; (2) A case in which the Municipal Court of the Town did not have jurisdiction over the person of the violator; (3) Where the Municipal Court of the Town, after hearing the collateral attack, finds by a preponderance of evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the violator to an institution for treatment as a mentally ill person; or (4) Where the Municipal Court of the Town, after hearing the collateral attack, finds that the failure to seek relief within the applicable time period was a 4 result of circumstances amounting to justifiable excuse or excusable neglect. 10.06.090 Penalty Assessment Notices for Traffic Infractions. A. At the time a person is charged with a traffic infraction, the Police Officer shall issue or tender the defendant a Penalty Assessment Notice. B. The Penalty Assessment Notice shall be signed and served on or tendered to the defendant by a Peace Officer and shall contain the name and address of the defendant; the license number of the vehicle involved, if any; the number of defendant's drivers license, if any; a Citation of the Model Traffic Code or ordinance section alleged to have been violated; a brief description of the infraction; the date and approximate location thereof; the amount of penalty prescribed; the number of points, if any, prescribed for such infraction pursuant to C.R.S. 42-2- 123; and the date the penalty assessment notice is served on the defendant. C. The Notice shall direct the defendant to appear in the Municipal Court on a specified date, time and place in the event the prescribed penalty is not paid, shall be signed by the Peace Officer, and shall contain a place for the defendant to elect to execute a signed acknowledgement of liability and an agreement to pay the penalty on or before the appearance date. The Notice shall also contain any additional information which shall be required by law to convert the Penalty Assessment Notice into a Summons and Complaint should the penalty not be paid within the time allowed. D. One copy of the Penalty Assessment Notice shall be served upon the defendant by the Peace Officer and one copy sent to the Chief of Police and such other copies as may be required by the Municipal Court and Town Attorney. E. The time specified in the Summons portion of the Penalty Assessment Notice shall be at least thirty (30) days and not more than ninety (90) days after the date the Penalty Assessment Notice is served, unless the defendant shall demand an earlier hearing. F. Whenever the defendant refuses to accept service of the Penalty Assessment Notice, tender of such Notice by the Peace Officer to the defendant shall constitute service thereof upon the defendant. 10.06.100 Failure to Pav Penalty for Traffic Infractions -Procedures. A. The fine or penalties specified in the Penalty Assessment Notice may be paid at the Office of the Clerk of the Municipal Court in person on or before the appearance date. B. If the defendant fails to pay the penalty on the Penalty Assessment Notice on or 5 before the appearance date, then he shall appear at the Municipal Court on the date and time specified in the Notice and answer the Complaint against him. If the defendant answers that he is liable or if he fails to appear for the hearing, judgment shall be entered against him. C. If the defendant denies the allegations in the Notice or Complaint, a final hearing shall be held subject to the provisions of the Colorado Municipal Court Rules of Procedure, regarding a speedy trial. If the defendant is found guilty or liable or if he fails to appear at such final hearing, judgment shall be entered against him. D. If judgment is entered against a defendant, he shall be assessed an appropriate penalty plus applicable court costs. The penalty shall be no more than the amount specified in the Penalty Assessment Notice. E. A defendant's failure to appear upon a Penalty Assessment Notice for a traffic infraction shall not constitute a criminal offense. F. If the defendant fails to satisfy the judgment in the time allowed, such failure shall be treated as a default. In addition to the Procedure of Notification to the State Motor Vehicle Division of such default pursuant to this Title, the Town Attomey is hereby authorized to file a Civil Action with any State Court having appropriate jurisdiction, which filing shall include the record of the case certified by the Clerk of the Municipal Court, praying for judgment based thereon. Upon the entry of such judgment the Town Attorney shall be authorized to proceed with all judgment execution and collection procedures authorized by law for the amount of the judgment, cosh, legal interest, and fees incurred in the proceedings. 10.06.101 Violations. Except as otherwise provided in Section i 0.05.010, any person violating provision of this Title shall be deemed guilty of a misdemeanor and upon conviction shall be punished in accardance with Chapter 1.i2, unless a different penalty is provided in this Title for violation of a particular provision. 10.06.102 Failure to Apoear. No punishment shall be imposed upon a defendant who fails to appear or faits to satisfy a judgment for any noncriminal traffic infraction but judgment costs and interest and other civil remedies may be assessed for failure to satisfy a judgment for noncriminal traffic infractions, in accordance with the Penalty Assessment Schedule of the Town, as the same may be amended from time to time; and the Town shall report the judgment to the State Motor Vehicle Division which may assess points against the defendant's driving privileges and may deny an application 6 r or renewal of a defendant's driver's license until the judgment and all other lawful costs are satisfied. 10.06.103 Jurv Trial. A. No defendant shall have a right to a trial by jury far any noncriminal traffic infraction. B. In the event that the defendant is charged with more than one (1) traffic offense arising out of the same incident and at lease one (1) of the charged offenses is a criminal traffic infraction, as defined in Title 10 of this Code, or if the defendant is charged with any other criminal violation arising out of the same incident, the defendant shall have the right to demand and, if such demand is in conformance with State law and this Code, receive a trial by jury as to all such offenses, which shall be consolidated for purposes of trial. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and 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. Section 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. 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. 7 A A INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1993, and a public hearing shall be held on this Ordinance on the day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1993. Margaret A. Ostertoss, Mayor ATTEST: Pamela A. Brandmeyer, Acting Town Clerk c:waos3z 8