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Home My WebLink About1993-02-02 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, FEBRUARY 2, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. CITIZEN PARTICIPATION. 2. Presentation of Plaque from the Colorado Department of Transportation (CDOT) to TOV for Achieving President Bush's 70% Seat Belt Usage Safety Honor Roll. 3. Consent Agenda: A. Approval of Minutes of the January 5, 1993, and January 19, 1993, Vail Town Council Evening Meetings. B. Ordinance No. 2, Series of 1993, second reading, 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. 4. 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. 5. Resolution No. 2, Series of 1993, a resolution authorizing the purchase of an unplatted piece of land commonly known as the Vail Commons properly, and more particularly described in Exhibit A attached hereto and made a part hereof ("the Property"). 6. 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. 7. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 2/9/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 2/16/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 2/16!93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:~AGENDA.TC VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, FEBRUARY 2, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Presentation of plaque from the Colorado Dept. of Transportation Mary Lawrence (CDOT) to TOV for achieving President Bush's 70% Seat Belt Usage Duke Smith, CDOT Safety Honor Roll. Action Reauested of Council: Receive plaque. 7:40 P.M. 3. Consent Agenda: A. Approval of Minutes of the January 5, 1993, and January 19, 1993, Vail Town Council Evening Meetings. B. Ordinance No. 2, Series of 1993, second reading, 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. 7:45 P.M. 4. 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. 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. 8:15 P.M. 5. Resolution No. 2, Series of 1993, a resolution authorizing the Larry Eskwith purchase of an unplatted piece of land commonly known as the Vail Commons property, and more particularly described in Exhibit A attached hereto and made a part hereof )"the Property"). Actin RPC~uested of Council: Approve/deny/modify Resolution No. 2, Series of 1993. Backaround Rationale: A contract for the purchase of the Vail Commons property has been negotiated between TOV and Vail Commons. 1 8:35 P.M. 6. 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 Requested 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 1/6193, 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. 8:50 P.M. 7. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 2/9/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 2/16/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 2/16/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:WGENDA.TCE 2 ~ . r~ d • arson Kaw..a tfe.r.e so...+ ~.a~w+.wane.. To ,~W C"l~'arv GOnC~n7~d ilCoN Aufo S~a/y; _ 1 ? to an •/fart b grtaNr rtevct n••dlass Injvrtes ind 6tat~t ntvltte ~"t 111 fro. auc~oott• crtte•s, lrttld•et lute, Trawtapr;a;tew Sa<rttarp q I r ~ fir' Sa.v1 Sltnwer and r na.• wd• a C}w+ta.ne to Get +~.r+ean oualte :a L lncftatt nac•enat taf•ty :•1; usa. At of January 1990, an ir•ragt of a6 2ertec of a.•r+can •+vcor+s;t .•r• Ouu4d va. Our goat It to ~ 1 aca,a.• ro arctnc carry :.I C; s, ay 199z. ~`t 1 To rt1C1 ;ett Ingor;ant goal, r• agtt all .pre hgeCa,rrfselly, 4 t j frttndt, Ca-.pr~trt, t0lltay-aat, tl;tant--ta ~.'C'~+A: \ 1 >r• In.ltt You ;a ae:n: cur Gtalfengt h acct or eaettd TO Qtrttnt y, I saf,ty SeIC usa to Ipur e~tinl ;y. / t III . Far ;.lost of yav r++o le~le+e Gtr goal ar taeted t;, r• •IiI ree_gol a ~ ~ you far your ef.'0r;t. Atpnq rtte ota•r aq:ncy offt<tatt, t rtlT 0• iraltaale to ror~.tTy prts.nt tse i0•.'XorrorRolZ plaevr ;a (rye ^ rlelalentt aeratt ;.ta Katton, in ~ Offlet, I rltT pravdiy 1tSOlay ~ aTt ;.t• naa•t o! ttosa Qlacad an tta So..arRo[J, rn ;ets •ay, r• tba• h .:;end our ftnetrt aoartelaetan and ;oe•:.aent rte tuecasias ar •r•ryw+• .na has .prito h a•e•t cur autuaf safety goals of praeae:Tnq / our itltpr ~•rtcant. Slnctr•Ir . C i ••rrp Ito 1 pn Gaup I . ylfT' VKrSSM• IJrR 1~'Ia7L2 the ! f~% .HonOrr 1~Oll there also ;s a staggering ecartomic cos;-an CZ?ZC~ . Bel ,SGL2'e ~22'eS!t ~ esitmated 574 br7lion annually. Cearly, we alI pay dearly when safety belts are rtoi used. As a leader in your ~mmctnity you serve an ln~tponant function-fie{ping to improve the quality of life. AL the National Highway Traffic Safety EncO'tLrage Sa~et~ Belt Ilse ad.:Tiniszratian (NHTSA), ~,ve're depending on you to ensure the safety of your most valuable asset- peccle. Every year thousands of laved ones. valued We imriie you to pacticPate in L",e 70% ~ Y.o~c~ ea-workers and fellow citizens are needlessly hurt Relt: This prasoigious Program, cnduc•,gd in oc kilted in aura acsdents. Many of these injuries ~njun~on with the Caveman' E~ighway Safety and fatalities could have keen prevented by safety Representatives, is designed to enpurage safety belt use_ In fac, numerous national studies prove belt usa and to reward those ac.`•ievinq a 7D°/a that solely belts reduce the risk of serious injury ar use rate among thew members or targeted death by nearly 5d percent, population, Your "target group" may be your State, t only are producsve members of our cammuni basu~~' Cam' ~ organizadaa, srttaoi, military ty Po ' government agency, ar other hurt ar lost forever in these tragic a~:dents. but entity comprised of 100 or more individuals. Accomplish \a~vonal Ho~u• to .~Ia~e tJze Grade { Objectizes The 7G°!a T Honor Aofl was created by NHTSA in li ycu wzr.; ;e puzliiy far the Frcncr Ro/1, the support of President gush's goo! to acaieve 7d procedwe is siren e. Frs;, ycu'tl nerd to ccnCuc: percent national safety belt use by t992. Qur an otaervationai survey to Ce:ermine current safey country's dedication to safe driving habiu has belt use in year specified car.,munity. Scree of you never besn strcnger, but we need your help to get tray already ccllec: this infer,-alien. It you do, we the job Cone. 6y striving to be an Honor Roll wilt accs;.t data c~uecred attar January t , t Sa'9. induces, ycu'it work to prntec; the safety of your These who can Cecursent sustained 7Q~•o - safety fellow citizens, sat an exar,.pie tar your peers and belt use frar.. tt:e results of ;we consec::;ive sur.e~ s ccnduc:~d at !east 3G ~ays a;a, : are other grouts, anC help ac..seve our naticnal safety ~ goals. Whether you are a crmpany president, airez=~ elicible :o a-c:v. Ycu .,e~_ to cn!y fiU cut mayor, schoc! principal, police c`fief or ctmmunity the en:; f torn in tr.~s heckle: as,C ;,novice ttte voluntzsr, your involvement is vita! to inpraving the re;uirzd infcrr;:zticn. quality of fife in your car„munity by preventing • death and injury. We urge these of you who zre not For u cse of you whe have nc: yet mzde the grad=; currently conducting an occupant pretec;ion you'll want to announce your oojec:ives and program to stab one today. Those of you who have conduct z pronatienal pragran to increase usa up an on-going prcgrar;t, set your goals to achieve at to or beyend 70 percent. This c_n be ac:,ieved {ezs: 70 percent use. And when you do, we'll show thrcuS!1 wend-cf-,mouth, flyers, press rele=say, or our appreciation by honoring your great other awareness activities. (1'he mere the bettor is achievement. the best cute of tour„b!) Program ac:iviiies rzay include establishing and enforcing a polief or law, providing incentives to those Nat wear safety betty, . 19 Clty Actual & ProjeC.ed Safety Belt Use? Rates instituting a challenge or centas; among peer gtcups, and educating individuals on the inporant 1°° benefits of safety belt usa. ~ Aru~t • ~ _ _ _ Prejec:•d After your prcgram is unCerwzy, periodic, • unannounced cbservaticna! surveys should be ~ pndurad at least 3G Cays apart. An obsarva:ionai • P.raent _ _ 'X surrey (visually counting safety belt wearers at a tJs+ ~ predetar^ired Iccationj praviCes mare arurate and reliable data than otter types of surveys that 20 may rely an ass individual's repored use. "nepcr:ec' use" surveys are eat accertatte. Survey si;e~ and c 1483 193:1985 2986 198' 1985 1989 199° 1991 1392 times st:culd ~e c`CSen as 2pprCpria:_ fof the group being s:t:dieC (Cenerai pcpuiation of a Year •specified juriscicion, high sc.`.ccl students and :acuity, erzployess. etc.). observers should be trained to be faniliar with the forms and ~,eZUCL?'Ct.S O•f file ! ~lo procedures to ensure ac ~~rate data ~itec:ian. Only driver belt usa needs to be observed. When ycu ~O'I207~ ~OlZ verify 7Q°.rO _ usage sustained aver two cans2c:stive survey pericCs, you're ready to apply br your The benefits of paricipatian are numerous.' You'd award. help save fives. a~ as a race mode! far oflsers, and be re~gnized fcr your efior's. You'it receive a handsome, c~stcrt-designed. engraved plaque cling your bcality ar facility and a~mpf',shmenL This infar•;tatian also will be engraved an the National Honor Fsofl plaque displayed in ttse Nt-ITSA Adrrtinistratoc's a ~+ct. Yau'3{ a{sa receive mention of your efforts in promotional materials and documents published by NI-iTSA. These honors cast ~ ~r be a saunas of pride and self-acr~mpl'tshment for 1 you and your cmm~unity. Many honorees may t ~ c'toose to arrange a tonal "awards crrerrtony'• when they receive thesr plaque. You wfll very tikely ~ •'v~ ~ r~"'°-~-'r enjoy rammunity praise and media attention far your etiaru. MINUTES VAIL TOWN COUNCIL MEETING JANUARY 5, 1993 7:30 P.M. A regular meeting of the Vail T~.~u Council was held on Tuesday, January 5, 1993, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Jim Gibson Jim Shearer Rob Levine Bob Buckley MEMBERS ABSENT: Merv Lapin, Mayor Pro-Tem Tom Steinberg TOWN OFFICIALS PRESENT: Ron Phillips, T~.~,u Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager The first item on the agenda was Citizen Participation of which there was none. Second on the agenda was a Consent Agenda consisting of four items: A. Apra.. gal of the Minutes of the December 1, 1992, December 15, 1992, and December 22, 1992 T.,~u Council Evening Meeting Minutes. B. Ordinance No. 30, Series of 1992, second reading, an ordinance amending Title 2 of the Municipal Code of the Town of Vail by the addition of Chapter 2.36 - Limitation of Terms, to provide for the limitation of tZ~ s for all members of permanent Town of Vail Boards and Commissions. C. Ordinance No. 33, Series of 1992, second reading, an ordinance repealing and reenacting Chapter 18.32 of the Vail Municipal Code, adding sledding and tobogganning parks as a conditional use. Applicant: Vail Associates, Inc. D. Ora~rance No. 34, Series of 1992, second reading, an ordinance repealing Section 11 of Ordinance No. 14, Series of 1987, Subsection 9, and setting forth details in regard thereto. (This ordinance concerns a major amendment to Special Development District (SDD) No. 6, Vail Village Inn, to remove a previous condition of apr:.: gal for Unit No. 30, Phase I, Vail. Village Plaza Condominiums/100 East Meadow Drive.) Applicant: BSC of Vail, Colorado, L.P.IFrank Cicero. Mayor Osterfoss read the titles in full. Due to requests for further discussion on both Ordinance No. 30, Series of 1992, and Ordinance No. 33, Series of 1992, Rob Levine moved to remove items B & C from the Consent Agenda, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 5-0. Jim Gibson then moved to approve Consent Agenda item A, with a second fi Bob Buckley. A vote was taken and the motion passed unar~ously, 5-0. Jim Gibson also moved to approve Consent Agenda item D, with a second from Jim Shearer. A vote was taken and the motion passed, 4-0-1, Bob Buckley abstaining due to a conflict of interest. Mayor Osterfoss felt Ordinance No. 30, Series of 1992, an ordinance providing for limitation of terms for all members of permanent TOV Boards and Commissions, should include language to allow incumbents to apply for reappointment if not enough new applicants applied for vacant positions. Jim Gibson moved to approve Ordinance No. 30, Series of 1992, on second reading, with a change to indicate that, in the event there was an insufficient 1 M number of applicants for openings on permanent TOV Boards and Commissions, incumbent members who had served more than eight consecutive years would be eligible to apply for reappointment. Jim Shearer seconded the motion. A vote was taken and the motion passed, 4-1, Bob Buckley opposed. Ordinance No. 33, Series of 1992, an ordinance concerning an amendment to Chapter 18.32 of the Vail Municipal Code to add sledding and tobogganning parks as a conditional use was discussed next. Bob Buckley stepped d., due to a conflict of interest. A memo dated 12/7192 from the Community Development Department (CDD) to the Planning and Environmental Commission (PEC) detailed a description of the request, background information, the proposed Code amendment, an analysis of the proposed Code amendment, and staffs recommendation that given the fact the proposed use would be allowed only after approval of the conditional review, the requested code amendment would have few, if any unmitigated negative impacts. The proposed addition to the zoning code would allow Vail Associates, Inc. (VA) to apply for a conditional use permit to operate a sledding and toboggann~ng park (s/t park) in the Lionshead area, specifically on an unplatted tract of land currently owned by VA located south of Gore Creek near the skier bridge, under Chair 8. Kristan Pritz noted seven letters of opposition from residents of the area being considered had been received. Art Abplanalp, attorney representing several residents in opposition to this proposed amendment, began a lengthy discussion by first recalling he had appeared before Council in December, 1992, after becoming aware VA had requested approval of a proposed amendment to Chapter 18.32, Agricultural and Open Space District (AOSD), of the Vail Municipal Code, to include sJt parks in the list of conditional uses outlined in Section 18.32.030. He indicated, after examination of material VA had distributed to property ~ uers adjoining the area VA r.,,~rosed for a slt park, everyone of the property ~..~uers who would be affected by the known impact of this 1~nance were opposed to it. He referred to the universality of opposition to this text amendment as primarily being site specific, but noted the objections were also generalized as to the impact of this type of change within the AOSD on adjoining properties. Mr. Abplanalp stated it was recognized this ordinance was a proposal for a text amendment, but felt the impact of this type of conditional use was important. He distributed copies of VA's proposal as characteristic of the type of use being considered for this district. Mayor Osterfoss asked Mr. Abplanalp why he considered a s/t park different from other conditional uses shown in Section 18.32.030 of Chapter 18.32 of the Vail Municipal Code. She indicated that was the focus of this discussion, and Council could not discuss an application they had not received, although Mr. Abplanalp contended an application from VA had been submitted to the CDD perhaps two months ago. He felt Council would not have considered the change if VA had not proposed the s/t park. He said TOV had received a proposal and decided to change the zoning laws to fit it. He said that was the reverse of the way the process should work. He felt that was the problem. Mayor Osterfoss repeated Council did not review information that had not been presented to them. She repeated throughout the discussion that the proposed change was a conceptual change, not a plan for a s/t park. Larry Eskwith advised no application was presently before Council, and added there could be no application for this issue without a change in the zoning. He emphasized potential conditional use applications were not argued before they were made. Mr. Abplanalp argued, this being a text amendment, people who might be impacted were not notified and given the opportunity to respond. Now aware of the proposed amendment, those people who would be impacted either by a specific application which may have been filed, or any application, have conveyed to Council problems they saw with the text amendment. He said they did not feel the intensive commercial use resulting fi„... a s/t park run on a commercial basis was consistent with either present uses, the purpose of, or other conditional uses within the Code. He noted VA owned the land proposed for this park, and felt VA would not take on liability risks associated with this project unless there was significant income potential. For that reason, he said it must be assumed there would be a great deal of activity there, and, again, stated that was not consistent with AOSD purposes. Night lighting, parking problems, increased traffic, and security risks to home...~uers' properties in the area were among other generalized concerns cued as reasons for why this amendment should not be granted. Mr. Abplanalp felt there was a technical problem with the procedure being followed. He referred to Vail Municipal Code 18.66.150, which required TOV to hold a public hearing on applications after receipt of a report and recommendations fi,.... the PEC. The following Section r~,, Tided TOV act on proposed zoning amendments within twenty days after the closing of a public hearing. Mr. Abplanalp felt the logical reading of that was there first was a hearing on an application, then a decision on whether to develop and ordinance. He did not feel that procedure had happened in this case. He felt there was not only no notice to people who would be affected, there had been no hearing. He felt the procedural aspect 2 e of this should be reviewed. Mayor Osterfoss clarified this was a public hearing, and all regularly scheduled evening meetings of the Vail Town Council, in addition to all meeting of the Vail Town Council were public meetings. Larry Eskwith added second readings of all ordinances were designated in the Charter as public hearings, and the zoning code had been complied with in this matter. Art suggested the ordinance suggested that public hearings come before TOV decided to adopt an ordinance, in other ds, before first reading. Mr. Abplanalp stated some of the ~,~..r,erty owners who have had experiences with this type of conditional use did not believe there was a practical way of controlling conditional uses. Jim Gibson noted there were 37 individual parcels zoned AOSD. Under 18.32.050, each parcel was required to be a minimum of 35 acres. Kristen advised there were AOSD parcels in existence that did not meet the minimum lot size, but were parcels already in existence before the minimum requirement of 35 acres was established. If a new AOSD parcel were being created, it now would have to meet the minimum lot size requirement. Jim Gibson felt the number of parcels that could physically accommodate a s/t park should be kn.. ~ u because this may indeed not be just a teat change, but may be site specific. Jim Gibson asked if an AOSD parcel had to be a minimum of 35 acres in order to be used as a s/t park, and Kristen advised it did not. Jim Gibson's main objection was that of the 371ots zoned for AOSD, there was no answer a.s to how many could conceivably house a s/t park. Kristen was not able to give Jim Gibson specifics. Jim Gibson felt a new s!t area would probably be a commercial venture, and, if that was the case, it might be found the only commercial opportunity was Lionshead, making this ordinance more than a text change; it could be site specific. Kristen indicated staff could do a general site analysis of which parcels might have some potential. Although there was no wording in the ordinance requiring s/t parks as a conditional use being cx?*r*~+ercial, it was established x1137 parcels would be eligible to apply for conditional use permits for s/t parks, but there was no foregone conclusion they would be appr.,r~~ate for that sort of conditional use permit. Kristen said she felt staff had focused on the fact that although private recreation facilities were mentioned in the AOSD Purpose Statement, they were not listed in the list of Permitted or Conditional Uses. Public pazks, recreation areas, and open space, however, were permitted uses. Staff had decided the proposed use was not a public park because it was a privately run operation for commercial purposes, and therefore they felt a zoning code amendment was necessary. She said staff felt this use made sense within the zone district, and, in fact, one recommendation through the zoning code amendment process was to change the name of the zone district to Open Space and Recreation District, as the term "agricultural" was misleading. Britt Anderson, representing Lawrence Field, John Jordan, and Burton Lasso (property .,~„ers in the area potentially affected by the proposal submitted to the PEC by VA,) also felt if it had not been for VA's proposal, there would be no issue of changing the ordi_n.ance. She said no need or interest had been shown for this project by the public. She stated it had to do with a site specific proposal made by VA dealing with the proposed plan in the Lionshead area. She felt the focus for the change in zoning was there to accommodate a potential application, and that was a backward way of dealing with good governing. Jce Macy spoke briefly to note staff had described what the application was for. It was an application that would allow a change in the zoning code to allow applicants to apply for s/t parks in AOSD's as a conditional use. He added that did not mean staff would react favorably to the application or that the PEC would approve it. It was only an application which would allow any applicant, any .~~uer of any of the 37 parcels to apply for a slt park as a conditional use. He noted Vail was a winter sports resort, and that sledding and toboggarning were as much a part of winter sports as skiing, and there were people who would like to pursue this in a safe and controlled manner. He felt certain there was public support for it. Don Byers expressed concern about people living next to the other 36 parcels. He felt they had not had the benefit of any knowledge of this, and should be given an opportunity to be heard fi.,... if this would change allowed uses on their parcels. Kristen advised when a conditional use goes to the PEC, any r:..rerty owners affected by r~..t.osals were notified. After further discussion regarding procedures related to specific applications and public hearings, Mr. Abplanalp and Ms. Anderson again indicated the property owners they represented were unilaterally opposed to the r~~ erased slt park. Mayor Osterfoss asked it be recognized there would be specific discussion about any application, and that would be opponents opportunity to say a specific application was inarr~~r.~ate. Any application would have to go through the process, be thoroughly reviewed, and meet established criteria. After individual Council member input, Jim Gibson moved to table Ordinance No. 33, Series of 1992, until it was kn.,.~.. how many parcels could be used for commercial sledding and tobogganning parks. Rob Levine seconded the motion. Before a vote was taken, there was further discussion about the procedures for determining appropriateness of a parcel for this use, and about parcels that could be practically used for 3 commercial devel~r.~.ent of s/t parks. Kristen mentioned a number of private parcels with potential including the west area of Potato Patch, the Spraddle Creek area owned by the U.S. Forest Service, Tract E by Millcreek Circle and the Vista Bahn, an area above Red Sandstone Park, and the Abe Shapiro land, indicating it did appear there were more than one or two sites of AOSD that could be used for this purpose. Jim Gibson then withdrew his motion to table the ordinance, and Rob Levine withdrew his second of that motion. Rob Levine then moved to approve Ordinance No. 33, Series of 1992, on second reading, with a second from Jim Shearer. After brief criticism from Mr. Abplanalp, who dismissed half of the parcels Kristen mentioned for a variety of reasons, a vote was then taken and the motion failed 3-1- 1, Jim Gibson opposed; Bob Buckley abstaining. Item No. 3 was Ordinance No. 1, Series of 1993, first 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 devel„~,uent plans for The Waterford and The Cornerstone Development Building Sites; and setting forth details in regard thereto. The applicants were MECM Enterprises and Commercial Federal Savings. Shelly Mello briefly reviewed the status of this proposal as detailed in the CDD's memo to Council dated December 30, 1992, noting on December 7, 1992, the PEC recommended arr~.,~~a1 for a request to amend SDD No. 4, Cascade Village, Area A. On December 8th and 15th, 1992, Council reviewed the r.~~.osed amendment during work sessions. At that time, Council suggested a number of modifications to the project, including changes to the density and unit types on the Cornerstone building site. There was also further discussion as to the status of Westhaven Drive. As a result of feedback fi Council, the applicant had chosen to modify the Cornerstone project to allow a single development plan for the Cornerstone site with 64 transient units versus the two development scenarios previously proposed to the PEC on December 7, 1992. With the current r~„rosal there were no dwelling units located in the Cornerstone project. The applicant had not made any modifications to the Waterford r~ ~;;ect since the PEC review. All statistics for the Waterford listed in the CDD's December 1992, memo to the PEC were up-to-date. The changes made to the Cornerstone project as a result of Council's feedback during work sessions were incorporated into Ordinance No. 1, Series of 1993, first reading. Rather than review the entire issue again, Kristen Pritz advised CDD would supply further explanation to any interested parties. Shelly added, being this was an SDD project, in order to change any type of density or devel„ rent plans, including architectural design, a major amendment had to be r.~~.osed and approved. That was the process now underway. She noted full details regarding the PEC's re,~,..umendations to approve a minor subdivision and major amendment to SDD No. 4 Cascade Village to amend the Development Plan for Waterford and Cornerstone parcels in Area A were detailed in the memo to Council dated December 8, 1992. Howard Stone initiated a lengthy discussion concerning the outstanding issue of the ~ uership status of Westhaven Drive from S. Frontage Road to the Gore Creek Bridge. It was noted the road was owned by the Waterford project applicant, MECM Entea r~:ses, and was privately maintained by a separate entity. This road had not been conveyed to TOV as it did not meet TOV's standards, including the skybridge across the road. Discussion concerning the specifics related to the road grade, construction, and building clearance beneath the pedestrian bridge followed. Mr. Stone asked whose technical and financial obligation it was to bring the road up to standards. Shelly advised the applicant's for Waterford had agreed to bring the portion of the road fi,,... the South Frontage Road to the cul-de-sac up to standards and dedicate that portion and a public easement for the remainder of the road to the Gore Creek bridge. The Cornerstone developers had also agreed to perform the necessary tests which included borings to determine base compaction and an as-built profile of the road to determine the condition of the road in fi„ut of their project as part of this amendment. However, the completion of all of all of the improvements were not being required by staff. Essentially, the testing was necessary to det,,....ine a cost estimate for repairs. For the re.,..~rl, Mayor Osterfoss explained, initially, one developer had been involved with the entire 5DD. There were now individual developers, and the Cascade Village Association (CVA), had, to a large extent, taken over responsibility for this road in lieu of the initial developer. Considering this development already had special zoning, and further accommodations were being requested, Mr. Stone did not feel it would be inappropriate for TOV to seek a final conclusion from the new developers on this aspect of the ry,;;ect. Mayor Osterfoss added CVA had members including the Westin, the Cascade Club, and the developers of this r..;;ect. The new developers, being a part of CVA, were as responsible as all members of CVA, for the needed road imr~., cements. Kay Saulsbury, representing Colorado Mountain College, the Colorado Mountain Condominium Association, and CVA, expressed concerns about the remainder of the road not being dealt with through this proposal. She encouraged Council to look at 4 accepting the road as it was, and assume some responsibility for upgrading it. Rob Levine asked what guarantees there were that the developer would be part of a future solution to the road problem. Fred Otto, MECM applicant, indicated guarantees were in the form of economic motivation. He stated it was .,,.~L~ectly pointed out that they were members of CVA, and CVA had lien rights, taxing authority, and could force assessments against all CVA members to maintain that road. He suggested CVA find a way to capitalize the annual cost of maintaining that road and try to convert that into cost of repairs. He stated the problem was no one knew what that cost was. As dues paying CVA members, they would continue to participate and collectively find solutions. Mr. Otto viewed CVA as a political entity. He said it had been created by protective covenant and had senior lien rights. Ms. Saulsbury, CVA board member, said she believed the new developers would have to become members of CVA. She felt the new owners should take responsibility for the road, but Rob observed this issue involved an entire SDD stretching beyond the limits of the model displayed at this meeting. In that respect, he felt members of the entire SDD were ultimately the group responsible for solving the problem. He felt it was appropriate to expect the new developers to improve the area of the road adjacent to their property, and noted they had said they would do that. Beyond that, he also felt it was apr~.,rriate for them to participate in the future improvement of the rest of the road. After further discussion, including consideration of tabling this ordinance until the parties involved reached a timely resolution to the problem, it was agreed the first step was to ascertain the cost of undertaking repairs, and that would require a cooperative effort between all entities to organize a process to bring the road up to standards so TOV could take it over and the SDD could be relieved of maintenance costs for it. He stated they MECM would contribute $5,000.00 to a study the total cost of the problem, but he felt guidance from TOV was needed. Estacquio Cortina stated they were willing to cooperate, but he wanted Council participation to help solve the problem and avoid lost construction time. Bob Buckley moved to approve Ordinance No. 1, Series of 1993, on first reading, with a second from Rob Levine. Before a vote was taken, Jim Gibson advised he was going to vote against approval because he wanted to see: (1) a traffic study, (2) a resolution of the circulation problems, (3) a forum or f,.~y..at of cooperation between all the entities using the road, and (4) a commitment to bring the road up to TOV standards. Then, he indicated, TOV would take over the road and relieve the maintenance problems being experienced there. There was further examination regarding a collective effort to solve the problem. Ron Phillips then suggested there was a way to work out short-term (3-5 year) financing to accomplish this project if, with the aid of a local financial institution, TOV and the financial institution could get an agreement from CVA that what they now paid for maintenance each year would be dedicated for as long as it took to repay. Take the maintenance costs, capitalize that into something to fund the improvements. Mr. Otto had offered to take the lead to find out what it was going to cost to try to quantify that. Ron suggested putting the cost of assessing the imr~.,~ements into that total and try to put together a financing package that could be paid off with the assessments. Jim Gibson felt that was a good suggestion. With the agreement that the road would be brought up to standards and a plan for paying for that, Jim Gibson felt the problem could be solved. The suggestion was made that the assessment currently levied against CVA members be used to pay off the indebtedness to bring the road up to standards and TOV would then accept the road. Jim Gibson called the question. A vote was then taken and the motion passed unanimously, 5-0. The applicants were directed to pursue the above referenced financing plan before second reading, at which time a determination on whether to proceed or not would be made. Item No. 4 was Resolution No. 1, Series of 1993, a resolution designating a public place within the T.. W u of Vail for the posting of notice for public meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the T,; you of Vail. Rob Levine moved to approve Resolution No. 1, Series of 1993, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 5-0. Item No. 5 was a review of an Agreement between T„~.. of Vail and Vail Associates, Inc. (VA) regarding VA's use of the athletic field parking lot. Bob Buckley stepped d.,,~ u due to a conflict of interest. Larry Eskwith explained this was a license agreement which would give VA the non-exclusive right to utilize the athletic field for parking this year. He added it provided VA would indemnify and insure TOV, and that VA would repair and maintain the athletic field parlQng lot while they were using it. Jce Macy noted this had been discussed at Council work session, and Council had suggested this agreement be made a concrete, 5 r situation and develop contract to formalize the agreement. Jim Shearer moved to approve this Agreement between T,,.~u of Vail and Vail Associates, Inc. regarding the athletic field parking lot, with a second from Rob Levine. A vote was taken and the motion passed, 40-1, Bob Buckley abstaining. Item No. 6 was the review of a sign variance request for Garton's Saloon at Crossroads Shopping Center located at 143 E. Meadow Drive/Lot P, Block 5-D, Vail Village 1st Filing. The applicant was Garton Development. Dave Garton was present. Shelly Mello noted staff and the DRB had unanimously recommended approval of the sign variance. It would allow for a sign to be hung on an awning which was not adjacent or connected to the business, although it was connected to the Crossroads Building. Full particulars of the description of the request, findings and staff' responses, and staff re.......mendations were detailed in the CDD's memo to the DRB dated December 16, 1992. Shelly noted there were four items in that memo which discussed why staff felt there was a hardship, including a safety issue. Jim Shearer moved to approve the sign variance request as r~ ~l.osed with findings per the CDD memo dated December 16, 1992, and the findings of the DRB. Jim Gibson seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Before adjournment, Pam Brandmeyer briefly reviewed dates, times, and places of a number of upcoming functions and meetings. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 10:25 P.M. Respectfully submitted, Margaret A. Osterfoss, Mayor A1~1r:ST: -Pamela A. Brandmeyer, Acting Town Clerk Minutes taken bN Donanne S. Deto C:W{INSJJW5.82 s ' MINUTES VAIL TOWN COUNCIL MEETING JANUARY 19, 1993 7:30 P.M. A regular meeting of the Vail T„w.~ Council was held on Tuesday, January 19, 1993, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Jim Gibson Jim Shearer Tom Steinberg RAb Levine Bob Buckley MEMBERS ABSENT: Merv Lapin, Mayor Pro-Tem TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eakwith, T.:~~u Attorney The first item on the agenda was Citizen Participation of which there was none. Item No. 2 on the agenda was final public input and discussion regarding the future of the Gore Creek Promenade Pedestrian Bridge, a small pedestrian bridge rnnn;ng parallel to the newly refurbished International Bridge. Mayor Osterfoss reviewed the chronology leading to the decision to remove the bridge, and noted subsequent to the decision to do so, further public input regarding the disposition of the bridge had been received by Council and staff. In response to the additional public input, Council had directed staff to conduct a final public hearing detailing options. Larry Grafel presented slides showing various views of the bridge, and explained in depth the advantages, disadvantages, and costs associated with four options Public Works had explored for the bridge including: (1) removing and reusing it, (2) renovating it, (3) removing it and building a new bridge, or (4) repairing it. After brief discussion regarding technical aspects of the options including the condition of the stream and the stream bank, streetscape intent, including why removal of the slab was important to bringing the stream closer to its natural state, Sherry Dorward stated she had not seen an understanding of what really animated public space in Larry's presentation. She felt this bridge gave people a connection with nature, something not felt fi the International Bridge which she felt diminished the experience of being near the water. In her opinion, loss of human scale, loss of intricacy, and loss of connection with creek would be a major mistake. She said the redundancy of two bridges did not bother her, and felt people wanted to be close to the water. Sybil Navas submitted a petition of over 600 signatures in favor of saving the bridge. For reasons echoing Ms. Dorward's, Linda. Fried, Diana Donovan, Joe Staufer, John Cogswell, Nancy Rondo, Chuck Crist, Galand Aasland, George Lamb, Paul Rondo, several other residents and one long time Vail visitor also voiced opposition to removal of the bridge. For the record, Mayor Osterfoss noted former Mayor Kent Rose had phoned her to state he was in favor of removal of the bridge. Bob Buckley moved to keep the Gore Creek F ~ „..~enade Pedestrian Bridge in place. Rob Levine seconded the motion with direction to staff to spend a minimal amount of funds to make needed safety and visual improvements to it. Before a vote was taken, Jim Gibson and Tom Steinberg ,,,,..~municated their reasons for feeling the bridge should be removed. RAb called the question. A vote was taken and the motion passed, 4-2, Jim Gibson and Tom Steinberg opposed. Item No. 3 was 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 devel„ru,ent plans for The Waterford and The Cornerstone Devel„r~,,,.ent Building Sites; and setting forth details in regard thereto. The applicants were MECM Enterprises and Commercial Federal Savings. Shelly Mello called for questions. Fred Otto directed Council's attention to the 1/19!93, letter regarding the status of negotiations toward the resolution of concerns e..r.~ssed by Council relating to Westhaven Drive, through Cascade Village. The letter had been submitted at 4:00 P.M. on this date by Arthur A. Abplanalp, Jr. of Dunn, Abplanalp & Christensen, P.C., attorneys for Westin Hotel 1 t Property and James Wear of Wear, Rosen & Travers, attorneys for Cascade Village Association (CVA). The letter stated the Board of Directors of the CVA had discussed Council's request for a cooperative a~,~...ach to the resolution of their concerns regarding Westhaven Drive, and indicated CVA's Board believed its members had arrived at a mutually acceptable resolution to those concerns. Tom Steinberg asked how the figures stipulated in the letter were calculated. He asked if the applicants had obtained engineering cost estimates for the whole road including drainage improvements, curbs and gutters, compacting base, and general corrective action. Mr. Abplanalp stated he was not aware of those issues being covered. Mr. Abplanalp explained the research done to arrive at the figures detailed in the 1/19/931etter, but the letter indicated until such time as the road surface/subsurface investigation was completed and the conditions were determined to be acceptable to TOV, there was significant risk the cost of road improvements could be much higher than estimated therein. Tom Steinberg asked if there was a figure of what it would cost to bring the road up to TOV Code entirely, and Mr. Abplanalp advised there was not because there was no requirement that it be brought up to TOV Code before dedication. Lengthy discussion followed concerning details regarding bringing the whole road up to TOV Code, various aspects of the applicants' r~a..~YOSaI, and what CVA was willing and able to fund. Mayor Osterfoss felt, from TOV's perspective, there were constraints laid out within this SDD, including an issue relating to setbacks which were not what they would be on a usual TOV road, an issue relating to a curve that did not have an acceptable radius, and the pedestrian bridge height problem. She felt TOV would be willing to work with the applicants within those constraints, but she felt the issues of paving, drainage, curb and gutter, compaction, and whatever went into that process had to be fully addressed to determine the extent of TOV's responsibility for those issues. She asked the applicants to clarify the level of responsibility they were offering for those issues in their proposal. She felt the proposal did not firmly establish whether the issues would be taken care of before a TCO was issued, or not taken care of if the cost was more than the amount they had estimated in the 1/19/93 letter - $48,000. Mayor Osterfoss asked if there was a dollar limit on their proposal. Mr. Abplanalp said he felt that the dollar limit was $48,000, the amount CVA was now spending on snow removal. Mr. Abplanalp felt the applicants' theory was that the association would be able to start setting money aside to address Council's concerns beginning with the amount they normally would expend for the year'93-'94, if TOV would take over maintenance of the road beginning in the summer of'93. Further discussion followed concerning the association's costs for this proposal, and the November 1,1993, improvements completion date as indicated in the 1/19/93 letter Mr. Abplanalp was not certain how firm that date was. He said all applicants hoped to complete the im~,~„ cements as soon as possible, but if TOV was in a position to begin maintenance and snow removal without the completion of the improvements, then the November 1,1993 completion date would not be a strong prerequisite to the whole package being proposed. Regarding the November 1, 1993, date, Mr. Otto said if they had completed their heavy construction by November, 1993, then they would have no problem putting the asphalt overlay in at that time, but if construction was not completed by then, the asphalt would be put d~wu during the summer of'94. Mayor Osterfoss noted the 1/19/931etter indicated a TCO would not be issued until there was asphalt on the road. Mr. Abplanalp referred to the November 1, 1993 completion date as a relatively soft date, but if there was a good reason to move that date back, it could be modified at Council's discretion. Mayor Osterfoss asked if the applicants then considered November 1, 1993, a hard date for TOV to take over maintenance in order to save the applicants' money. Tom Steinberg moved to continue this hearing for one month during which the applicants could obtain engineering studies and a firm bid for the cast of the total construction of this project to bring it up to TOV Code in all ways except for the pedestrian bridge, the curvature, and the narrow right-of--way. Jim Gibson seconded the motion. Before a vote was taken, Jim Gibson explained the purpose of this was to allow the applicants to provide TOV with the inl~,..uation TOV seeded to ascertain what its financial liability might be. Tom said the alternative would be that TOV would never accept the road. Mr. Otto felt the issue was not whether or not this road should be a public road versus a private road. He said what Council asked them to do at first reading was to indicate that CVA would take an active interest in trying to get the road fixed so it could be dedicated to TOV. He felt it would be impossible at this time to get firm bids to find out what that would cost. He said they were trying to indicate to Council that they were going to cooperate toward to the solution and would contribute financially. He did not think there was anything in this ordinance indicating this had to be a public road. He said it was a private road now, it was not accepted for TOV maintenance, and TOV was bound by the provisions of Section 18.40 of the Municipal Code. Tom explained their proposal put a top limit on what the association would spend, and that 2 r i put TOV at liability if TOV accepted it. There was further discussion about whether the road was public or private road,. but it was determined, whichever it was, it was part of the SDD, and the whole SDD was the issue, Rob Levine felt it would be negligent to approve any changes to the SDD without once and for all addressing the traffic and road problems. Then decisions about changes appropriate to the SDD as a whole could be considered. Mayor Osterfoss felt applicants had made an excellent, good-faith effort to move toward resolution of this process, and felt the motion on the floor was a request for additional information so TOV could make a decision as to whether it was a realistic proposal. Mr. Abplanalp did not feel a firm bid could be gotten as there too many variables at this time. Mayor Osterfoss asked if the motion gave the applicants enough time to obtain engineering information, or whether the discussion should be continued until engineering information could be obtained and presented to TOV for analysis by the Public Works Department. Ned Gwathmey, architect for the project did not see how that inf.,~~...ation could be gathered in a month. He noted they had been on hold since first reading, the developers would not allow them to proceed, and further delay might now allow building this summer. Individual Council member comments followed. Council indicated if there was a willingness among the association and developers to take care of the compaction, the base, the drainage, the paving, the curb and gutter, and those types of imr~,~ ?ements, then TOV would have no need for additional inf„~~~ation. The only reason for TOV to have additional inf„~...ation was to ascertain the extent of potential cost to TOV. Jim Wear, on behalf of CVA, stated all CVA had authority from their Board of Directors to commit to at this meeting was $24,000. Rob Levine and Jim Gibson felt they could support the ordinance and have TOV take dedication of the road with the existing constraints of the bridge, the curve, and the setback problems if there was a guarantee that the compaction, the surface, and the drainage were brought up to standards. Mr. Otto was concerned about the word guarantee. Jim Gibson reiterated the entire road was important to all of the Cascade Devel.~~~...ent, and therefore had to be considered important to TOV. He felt there had to be a resolution on the entire road. In response to Mr. Abplanalp's question as to whether or not TOV was in a position to participate in this, Mayor Osterfoss said it seemed clear that TOV was willing to participate with understanding this was a project with constraints. Secondly, she said, before TOV agreed to participate, TOV needed an estimate of the cost of that participation. Council was representing taxpayers and that inf..~...ation was needed before any financial commitment could be made. Mayor Osterfoss, Tom Steinberg, and Jim Gibson were agreeable to continuing this discussion before one month if the inf.,. ration con,.~~ wing TOV's potential cost was available by the next evening meeting. Tom noted this was an SDD which had been split apart and now the different parties were discussing the problems among themselves. But from TOV's viewpoint, it was an SDD, and the original developer had accepted the liabilities, those liabilities were not TOV's liabilities. Mr. Otto argued the issues being discussed were different than the charge Council gave them at first reading, but Jim Gibson clearly noted Council had suggested that all entities of the Cascade Village borrow the money, if necessary, to bring the road up to standards and then use the assessment levied each year to pay off that note, and as soon as the road was brought up to standards, TOV would take it over, Mayor Osterfoss said the issue was not a question regarding conditions of apr.., gal. The road either met the criteria for traffic and circulation or it did not. Mr. Otto said the traffic and circulation to his r.,;;ect had been addressed, but Council repeated the whole SDD had to be considered, not just Mr. Otto's r~.;;ect. After further discussion, Mayor Osterfoss felt TOV was at a stalemate without additional information, and it was det,;~.uined that the applicants defer to Director of Public Works, Larry Grafel and Greg Hall, TOV Engineer for direction on the criteria needed to be met. Greg estimated it would take one week to obtain the requested information and briefly explained what would be needed. Tom Steinberg called the question and removed the stipulation of the original motion asking for a firm bid, instead asking for a very solid estimate from the applicants. Mr. Otto asked if it was TOV's position that this road had to be a public road. Mayor Oaterfoss said TOV's position was the road had to meet traffic and circulation conditions. Mr, Otto asked if the road had to come up to TOV standards to be a public road. Mayor Osterfoss said she did not think it should be assumed those two things were necessarily ~.;lated or non-correlated. Tom said the whole road had to come up to TOV standards whether it was private or public 3 Y in order to improve the circulation within the entire SDD to its maximum ability with the grade, setbacks, and the overhead restrictions already taken off. Before a vote was taken, it was agreed to allow applicants to return as soon as the requested engineering inf„a...ation had been presented to Greg Hall for top priority analysis. Tom Steinberg changed his motion to continue this item to February 2, 1993. Jim Gibson seconded the change to the specific date. A vote was taken and the motion passed, 5-1, Bob Buckley opposed. Item No. 4 was Ordinance No. 2, Series of 1993, first reading, an ordinance of the T.,w.. of Vail, Colorado, decriminalizing traffic infractions; deleting the availability of jury trials and jail sentences for such violations; and malting amendments to Title 10 of the Municipal Code of the Town of Vail. Rob Levine moved to arr~..,oe Ordinance No. 2, Series of 1992, on first reading, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 5-0, Bob Buckley no longer in attendance. Item No. 5 was a requested review of a sign variance request for Curtin-Hill Sports (r.,;~iou.sly Vail Ski Rentals), 254 Bridge StreetlLot 1, Block 5A, Vail Village 1st Filing. Applicant: Jack Curtin and Teak Simonett. Tim Devlin advised the applicants were not present and requested the item be tabled to the next Vail T..~u Council meeting. Tom Steinberg moved to table this item to February 2, 1993, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 5-0. There being no further businesa, Tom Steinberg moved to adjourn to an Executive Session regarding personnel matters, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 5-0. Respectfully submitted, Margaret A. Osterfoss, Mayor A~ ir:ST: Pamela A. Brandmeyer, Acting Town Clerk Minutes taken by Dorianne S. Deto C:1MIK1AN19.93 4 of i~ ,~j 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 10.06.020 Civil Matter. A traffic infraction sha11 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 lnfractions -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 judgment 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 Glerk, 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 in appreciable 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 Attorney 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, costs, legal interest, and fees incurred in the proceedings. 10.06.101 Violations. Except as otherwise provided in Section 10.05.010, any person violating provision of this Title shall be deemed guilty of a misdemeanor and upon conviction shall be punished in accordance with Chapter 1.12, unless a different penalty is provided in this Title for violation of a particular provision. 10.06.102 Failure to Appear. No punishment shall be imposed upon a defendant who fails to appear or fails 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 for 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 INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of January, 1993, and a public hearing shall be held on this Ordinance on the 2nd day of February, 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. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Acting Town Clerk C:\ORD932 8 ~ 1/ 1y TOWN OF UAIL ~ 75" South Frontage Road Department of Public Works/Transportation Vail, Colorado 81657 303-479-2158/FAX 303-479-2166 MEMORANDUM TO: Town Council THRU: Ron Phillips } FROM: Larry Graf" DATE; February 1, 1993 SUBJECT: Westhaven Drive A meeting was conducted on Friday, 29 January with Ned Gwathmey, Eustaquio Cortina, Jerry Mullikin, Frank Freyer, Rent Rose, Greg Hall, and myself regarding Westhaven Drive. The TOV was presented with "as builts" of the road and were informed that the borings would be done on 1 February and the results provided to us as soon as possible. The TOV agreed to review all of the information within two days of receipt, and provide specifics on what needs to be done to bring the road up to town standards. This meeting was strongly positive and great progress was made by all parties in trying to resolve/determine what needs to be done, and at what cost, to bring this road up to town standards. It is not possible for all of this information to be received and reviewed by the second reading of Ordinance 1 of 1993, on 2 February. It is the intention of the developer to request a continuation or tabling of this reading. I believe we will receive all of the information and will have an estimate of the costs and an agreed to resolution between the parties available for the next Town Council meeting on 16 February 1993. I recommend if this tabling is requested, that it be granted to allow all of us the necessary time to finally resolve. this issue. cc: Shelly Mello, COMDEV Ned Gwathmey G Xc : Tom. C.AF ,i? ORDINANCE NO. 1 SERIES 1993 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. WHEREAS, MECM 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, Plannina 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: 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 r 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 amulti-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or 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 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 18.46.030 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4. B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: 2 Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Duplex Lots C 29.100 Glen Lyon Commercial Site D 1.800 Dedicated Open Space 40.400 Roads 4.700 TOTAL ~ 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 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. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in 18.24.030 A-C. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor 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; 3 i 6. Two-Family dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 18.46.220; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lvon Duplex Lots 1. Single family dwelling; 2. Two-family dwelling. D. Area D. Glen Lvon Commercial Site 1. Retail; 2. Restaurant and bar; 3. Business and professional offices; 4. Multi-family dwelling; 5. Employee dwelling as defined in Section 18.46.220. 18.46.060 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 18.60 of the Town of Vail zoning code. A. Area A. Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 18.04.135 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be Tess 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. 4 B. Area B. Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. 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 Villaae 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B. Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the 5 operation thereof. C. Area C. Glen Lvon Dualex 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 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--Dwellina Units The number of dwelling units shall not exceed the following: A. Area A. Cascade Villaae 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 18.46.103 for a total density of two hundred seventy (270) 6 dwelling units. B. Area B. Coldstream Condominiums Sixty-five (65) dwelling units C. Area C. Glen Lvon Duplex Lots One-hundred four (104) dwelling units. D. Area D, Glen Lvon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined by the table in Section 18.46.i03F. 18.46.100 Density--Floor Area A. Area A, Cascade Villaae .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 GRFA shall be calculated for each lot per Section 18.13.080 density control A and B for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lvon Commercial Site The gross residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit shall be 1,630 square feet. 18.46.102 Commercial Sauare Footage A. Area A, Cascade Villaae 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, 1A & 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. 7 18.46.103 Development Statistics for Area A. Cascade Village, and Area D, Glen Lvon Commercial Site CHART 1 Area A Com letcd Pro ects f.. P ~ ~ f u ~ ~ ~ Retal!/ Square On Site Cascade Structure AUs DUs GRF.4 C'ommcrci~l Feet Parking Parking _ h41LLRACE I I I 16 I 20,000 I I I 28 ~ 0 t~tILLRACE II I I 14 I 17,534 I I I 25 I 0 Un tsRACE IV I ~ 6 I 10,450 I ~ I 19 I 0 W~STIN ~ 148 ~ 55,457 I 0 i 115 Aliredo's I ~ 104 Seats 0 0 Cafe it _ 74 Seats 0 0 Little Shop I 1,250 0 0 Pepi Sports 2,491 0 0 W & H Smith, Vaurnet ( 900 I 0 Ch1C BUILDING ~ I ~ Cascade Wing + II I 15,870 I 0 16 Clancy's 1,600 _ ( 0 13.3 Theater 4.220 I 28 College Classrooms 0 40 Collego Otfice I 0 11.5 Theater/Meeting Roorn 2J 1,387 TERRACE VYING Rooms I 120 ` 58,069 0 105 I Retail I ~ I 5,II56 I 0 20 Rooms I _ 20 I I 7,205 i- 1,099 ~ I 0 I 4 Retail PLAZA it I I------- _ I L.___ Retailrence I I ! I 925 ~ 0 I 3 CASCADE CLUB I I I Retail I 300 I I 0 1 [3ar & Restaurant _ _ 25_2 0 3.5 Office in CMC 828 I 0 3 Wellness Center I I 1,386 0 7 Otfice in Club 1 ~ I ~ 420 ~ 0 1.4 TOTALS I 2f18 AU I 44 DU 184,585 I 19,173 I 72 I 42G.7 I~cx Urc purlx>scs of calculiuing GIt1~A fur vie Cosgril'f 1':rrcel (htillrac:c IV), no crcdils shall be given except fur JUU sy. ft. to lx: allowed for each enclosed parking spnce, per Section 18.4G.210(ex5)(j). a ; . , ' ~ ' ~ CHART 2: Area A Proposed Projects I On Slte Cascade 1. CORNERSTONE AU_orTR,___DU ( GRFA Comm_e_r_cial ~quare Feet~__ Parking I Structured Parking_ Units I 64 TR 28,110 53 ---r Employee Units' I 3 ~ ` 1,800 3 Retail - _ I - 11,100 37 _ I TOTALS 64 TR 28,110 ' 11,100 ~ 93 I On-Site Cascade 2. WATERFORD AU orTR _ DU___ GRFA Commercial ~quare Feet _Parking I Structured Parking__ Units 27 DU 47,500 56 Employee Units ~ I 2 ~ 1,100 2 TOTALS 27 DU 47,500 88 I ~ 3. Westhaven On-Site Cascade Condos AU or TR _ DU GRFA Commercial Square Feet Parkin__p I __Structured Parking_ Units _ - _ _ ___20 _ Employee Units_(Max I__ ~ _ 10,!_I____ 6?400 ~ _ _.__I_ TOTAL I I~ 20 DU I -22.500 I i I 60 I On-Site Cascade 4. Millrace III AU orTR DU GRFA_ Commercial Square Feet~__ Parking Structured Parkina - Units I---J-. _3,T-6000 __L_- L.....------~---- 6 TOTAL I I 3 DU I 6,000 I I I 6 5. Cascade Club On-Site Cascade Addltlon ___I__AU. or TR DU I GRFA l Commercial I Square Feet Parking. I Structured Parking_ Scenario 1 (Wellness Center) 4,500 22,5 or Scenario 2 (Gymnasium) _ 4 500 0 TOTAC~ Il~ ~ Scenario 1 4,500 I I 22.5 Scenario 2 4.500 I On-Site Cascade 6. Plaza Oftice"" AU or TR DU I__ GRFA 1_ Commercial LSquare Feet I Pa_rking__, Structured Parking_ I-- -1 925 I T- I .7 TOTAL I 64 TR 50 DU 104,110 I 16,525 I 4,500 217 I 23.2 MAXIMUMS l • Pmploycc units shall not count toward density or GIt1~A for the purpose of this Sl)ll. Plaza space has already been counted for a retail parking r«ryircmcnt. "1'hc new parking rcyuir«n«ri is basal tat Utc difference between the retail and office parking rcyuircmcnta. •"•'lbtal figures represent highest density and umm~rxcinl scenarirM. _ CHART 3: Area A Required Parking Parking for Completed Projects Parking Spaces per Chart 1 in Cascade Parking 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 Less 17.5% Mixed-Use Credit I -78.7 Total Req. Parking at Buiid-Out of Area A in Cascade Struc. 371.2 Exist. Parking in Cascade Structure) 421.0 Required Parking in Cascade Struc. at Build-Out of Area A With 17.5% mixed-use credit 371.2 9 Azea Units Gh.L•,~,. • • (Acres) 16. DU/Acre (.35) . ~ - Ori~~inal Parcel •15.68 252.00 256,437 ~tobhins Parcel 1.23 19.G8 18,752 • Cos~~riff Parce3. 1 .045 1 .7.Q 15.93?. • 17.955 248.40 291,121 F. DEVFLOPMr :~T FOR AREA D, GLEt1 LYON COMMERCIAL SITE SDD ~ 4 , ATZEA ,D DEVI;LOI'MENT SQUARE jF00TAGE AND PARKING PER TOWN OF VA:LL REQUIREMENT'S FEBRUARY 26, 1390 PRASE Ia PIIIISIs I, Ia & II PIIASL I, Ia, II AND III DEVELOPMENT DFVELOP1~fENT DEVT.;LOPMENT Sq.Ft./2arking Sq.Ft. / Parking, Sq.Ft. /Parking GleJ1 Lyon CM face Bldg . {;;x:tsting) 10,150 40. G 10,150 40.6 10, ].50 40.6 '?3r'1;>E SA c~'' en Lyon ~ O~:f ice Bldg. 400 1. 6 400 1.6 i 400 1.6 PHASE Z GIe» Lyon '11dg . O.Efice 0 2, 400 9. 6 2, 400 9. 6 Ii1\,S E z x 7~ic:ro--3rewery ' -Office 0 3,780 15.1 , 2,634 10.5 -Reception/ :Museum 0 480 0.0 ~ 480 0.0 -•Retai). 0 175 .6 885 3.0 --Fermentation/ :Brewhouse 0 970 0.0 1,406 0.0 -Beer 11a11 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 P}iASE IxI j j., • East Building ~ -2 Employee ~ i t: Units 0 0 0.0 ~ 1r 695 : 14.0. i -1 Dwelling , Unit 0 0 0.0 ; , 1, 630 2.0 . -Office 0 0 0.0 j 2, 400 ' ~ 9.6 ~ • . SUP~TOTAL_ 0 0 0.0 3,325 '15.6 ` ~ • , T07'AI, COMMERCIAL AND RESIDEIJTIAL ~ • • i SQUARE FOOTAGE AND PARKING: + ~ • 21, 935 ! 96.3 ; ~ 24, 760 110.0 . 1 ~U:>ED HIGHEST PARY.ING REQ. POSSII3LE• BASED Oil ;SEATING 10 18.46.104 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for 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 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, 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. 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 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. 11 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, 10/10/88. 30. Cascade Club Floor Plan, Roma, 10/10/88. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/Wa 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 Parcet, 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 12 Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. Area D, Glen Lvon Commercial Site 1. Area D Master Site Plan, Geodesign by Sherry Dorward, 2/22/90. 2. Landscape Plan for Area D, Geodesign by Sherry Dorward, 2/22/90. 3. Area D elevations, Geodesign by Sherry Dorward, 2/9/90. 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. 11. Landscape Plan, Phase IA Deck Enclosure, Pierce, Segerberg and Spaeh, dated 8/19/91. 12. Office Addition to Glen Lyon Office Building, Buff Arnold/Ned Gwathmey Architects August 25, 1989 Sheets Al through A4. 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, TDA Colorado, Inc., January 16, 1990 pages 1-8. 18.46.110 Development Standards The development standards set out in Sections 18.46.120 through 18.46.180 are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are 13 incorporated in the approved development plan which is adopted by the Town Council. 18.46.120 Setbacks A. Area A. Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford 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 of the Primary/Secondary zone district of the Town of Vail Municipal Code. D. Area D. Glen Lvon Commercial Site Required setbacks shall be as indicated on the approved development plans. 18.46.140 Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive}, at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A. Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 7 i feet. 2. Cornerstone Building: Maximum height ofi 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 east elevation as measured from finished grade. 14 4. Westhaven 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 Duplex Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lvon Commercial Site 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 paint of the roof. Development plan drawings shall constitute the height allowances for Area D. 18.46.160 Site Coveraqe In Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered 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 At least the following percentages of the total development area shall be landscaped as provided in the development plan. This sha11 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 Loading A. Area A. Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 18.52, 15 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. 4. 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 for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for 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. 7. 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. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Duplex Lots 16 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 surtace parking lot. Phase IA shall include 2 additional required parking spaces for a total of~ 43 required parking spaces. 2. Phase III shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structure. All required parking for the east building shall be provided on-site per Town of Vail parking requirements per Section 18.52.100 for residential and office use. A minimum of eleven spaces shall be located in the garage of the east building and a maximum of 5 surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in the TDA Colorado Inc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking Analysis Considerations pages 1-B. 4. Valet parking shall be prohibited on the west end of the surface parking lot. 5. The Brew Pub shall not be open to the public until after 4:30 p.m. for Phase I and II Monday through Friday. When Phase III development occurs including the parking structure, the brew pub may operate during the weekdays once the parking structure is available for public use. 6. The Beer Hall shall not operate or be used by the public before 4:30 p.m. on weekdays, Monday through Friday at 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 loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. 18.46.190 Recreation Amenities Tax Assessed 17 The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. 18.46.200 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. 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 Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas 18 fireplaces that meet the Town of Vail ordinances governing fireplaces. 18.46.210 Additional Amenities and Approval 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 abreak-away bollard for the emergency access road between Eagle Pointe/Park Meadows, 1472 Matterhorn Circle, and Westhaven Drive. The design of the bollard shall he mutually acceptable to the developer and Town of Vail. This improvement shall be constructed when a building permit is requested for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. The bollard shall be included in the permit plans. The bollard shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. 2. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of 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 19 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 A#torney for approval before a building permit is requested for the Cornerstone, or Millrace III, or Millrace IV, 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 sewer easement recorded in Book 217, Page 428 of the land records of Eagle County. This consent shall be submitted prior to Design Review Board review. c. The developer shall receive final approval of the site grading plan for the construction of Millrace IV, Scenario I, from the Town Engineer prior to Design Review Board review. d. The Millrace Condominium Map, recorded at Book 326, page 257, 20 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 Vaii shall be recorded on the land records of Eagle County prior to the release of any building permits for the construction of any structure on the Cosgriff Parcel. g. Landscaping along the south and west property lines of the Cosgriff Parcel shall be reviewed by the Design Review Board to insure a suitable buffer area between it and the other properties along said property lines. h. The Design Review Board shall review the architecture and landscape plan further for compatibility with the surrounding area. i. The developer and the adjacent property owners shall submit a landscape plan for the area north of the Cosgriff property to the Design Review Board for review. j. For purposes of calculating Gross Residential Floor Area permitted on the Cosgriff Parcel, no credits 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 21 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 Westhaven Drive. The Town Engineer shall determine when these drawings shall be required. c. The landscape plan set forth in the development plan for Cornerstone between the Terrace Wing and Cornerstone building shall be revised prior to the review of the project by the DRB in the following ways: 1. For emergency services, an access lane shall be provided from the western courtyard to the ski lift. 2. If deemed necessary by the developer and the Community Development Department staff, the water feature on the landscape 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 prior 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 shah 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. 22 Public parking on the Westhaven Drive level of the Cornerstone project shall be made available to the public for short term parking. 7. Waterford a. The developer shall permanently restrict the 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 of Vail's engineer prior to the release of a building permit. Ali road improvements shall be completed by the developer for the project prior to 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 be conveyed to the Town within 30 days within the approval of the SDD amendment under consideration by the Town Council for MECM Enterprises. The developer shall take all steps necessary to permit the Town of Vail to enforce its 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 23 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 maintained properly or snow removal is not adequate, the Town will not provide bus service to the site. 2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan for Area D. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. The bike path easement shall be replatted and approval obtained from the Town Council prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion excluding Phase IA, east office building or parking structure. 24 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 approval from the Town of Vail for the relocated utility easement before a building permit is released for the micro-brewery addition. 5. The developer of the Glen Lyon Office property shall not file any remonstrance or protest against the formation of a local improvement district of other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. The developer shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The specific location for the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. 7. The Developer shall construct a deceleration lane along South Frontage Road per the CDOH access permit. The developer shalt 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 before a building permit shall be issued for the Micro-brewery, office expansion excluding 25 Phase IA, east office building, or parking structure. 9. The minor subdivision for Area D shall be developed per the following conditions: a. The development of parcels A, B, C, and D, shall be limited to the SDD No. 4 development plan and governed by the SDD No. 4 ordinance as approved by the Town of Vail and on file with the Department of Community Development or as amended and approved by the Community Development Department, Planning and Environmental Commission, and/or the Vail Town Council. b. The minor subdivision plat shall include a statement that development of the four parcels shall be governed by the approved SDD 4 development plan for area D and governing ordinances. c. The Community Development Department and Town of Vail Attorney shall have the right to review and require changes in any "Agreements of Tenants in Common", "Conveyance of Easement and Party wall Agreements", and any other easement or ownership agreements related to the development of parcels A, B, C, and D to ensure that the four parcels are developed per the approved development plan in SDD No. 4 Ordinance. d. The developer shall be responsible for replatting the 20 foot utility easement on the western portion of development Area D as well as obtaining approval from the Town of Vail for the new utility easement before the minor subdivision plat is recorded. Any modifications or amendments to the minor subdivision conditions of approval agreement shall be reviewed as a major amendment under the procedures outlined in Section 18.40 of the Town of Vail Zoning Code. e. The conditions for the minor subdivision in Section 18.46.210 (D9) A, B, C, and E, shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney before the minor subdivision is recorded on the land records of Eagle County. 26 10. The entire Glen Lyon Office Building and Brewery Building shall be sprinklered and have a fire alarm detection system. Town of Vail Fire Department approval of the sprinkler and fire alarm systems shall be required before a building permit is released for Phase I excluding Phase IA or II. 11. The developer shall submit a set of amended plans to the Colorado Division of Highways for review and approval. The improvements on CDOH property proposed by the developer must receive CDOH approval before Phase I, excluding IA, ll, and I11 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 Emplovee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 8 employee dwelling units within Area A Westhaven Condominium building, 3 within the Cornerstone Building and 2 within the Waterford Building. Each employee dwelling unit in the Westhaven Condominium luilding 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 feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. In Area A, the GRFA and number of employee dwelling uni#s shall be restricted as employee dwelling units for 20 years plus the life of Tiffany Christine Lowenthal from the date of final certificate of occupancy for said units except those units in the Cornerstone and Waterford developments. The two employee dwelling units in Area D shall be restricted as rental employee dwelling units permanently. In Areas A & D the following restrictions shall apply to all employee dwelling units except for those 27 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 that if rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A full time employee is a person who works an average of 30 hours per week. In Area A, if an employee dwelling unit is sold, it shall be sold only to a full time employee in the Upper Eagle Valley. The owner shall occupy the unit or lease/rent as per the requirements in this section. In Areas A & D the employee dwelling unit shall not be divided into any form of timeshare, interval ownership, or fractional fee ownership. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of the employee units in either Area A or Area D. Before any building permits shall be released for either the Cornerstone or Waterford developments, the employee housing units shall be permanently restricted per 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, afull-time employee is one who works an average of a minimum of thirty (30) hours each week; 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; 5. This agreement shall be recorded at the Eagle County Clerk and Recorder's 28 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. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repeated. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of January, 1993, and a public hearing shall be held on this Ordinance on the 2nd day of February, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Town Clerk 29 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: 30 . , , , ~ KQELr7CL 3?ROI'ERTY . ; . ~ ~ ~ 37EV)ri,OPid1:::T 1\RCrI IL r Vail-Rose ~ 12.370 acre ,A apart of,, the SW }.iq N)r 1/4 of Section 12, , Townshin.'~,5. South, ItanSe D1 tJest of the 6th P..1, , described as ' follows: ~ ' Beginning at a point on the 1~1est line o; said S1.1 1/4 N1r 1/4 from which the North one-quartet corner of said Section bears iior~h OJ15` Bast 22G9.•ltl feet; tlrcnce llort:~ 0°15' Last, along said .l~est.I.ine, 15~.3G feet to a port oci t1:e 5outl~s•~a:,tc_'_y xight of way line of, U.S, ltightitiay 210. 6; thence, along sa~.d Sout:~easte_ly right of way line, as follo~rs: North 52027' East, 102.31 feet; ~ North 49°30' .Feat, 519. 57 t feet; and North 44°13' East, 539.09 feet, mo:.e or less, to a point on the North line of said 51~ 1/4 r1E 1/4; thence North 88°33' East, along the North line of said St•J 1/4 NE, 365 feet, more or less, to a point on the centerl'_ne of Gore Creek; thence, alone the • centerlinE: of Gore Creei;, as follows: South 360x9' ~•Jest, 101.04 feet; ~ . ,South 1D021' West 51.08 fee*_; South 103 a' 1'Jes~, 20.02 feet; ' South 12010' ~•Jest, 110.25 zees; at~c South 28°41' t•;est, 2J2.35 feet, thence SOU;.:; ?5°15' West, lOG4.10 feet to the point of begin;.'_:,g. • 71ose t`~rccl ~'`,r ~ 3.1.90 ~crez A tract of land situated in th$ 51:;~:E~ of Section 1]', .TP S S.. R. el.. W. , of ,the 6th P.;•1. , 1•~ing Southe_~y oz that ce~ ~ain •tract of land described in IIook 199 1'aae 197 , t;orther? and t•Jesterl~ of .'the, center line of Gore ~Cree!;, and lying t1or~:rerly and Easterly, of. those certain tracts des~,cribed in Book 211 at Page 10G, Ilool; 211 aL• Page lOt3 and Doo1; 215 at; Faye 3G5, descrited as f of logs : Beginning at a point on the 2lorth-Sout:1 centez line of said Section 12 whence the North quarter corner of said Section 12 bears ?1. 00015' E. 22G9.4D feet; thence N.~ ?5°15' E. 34&.2;G feet to the true point of beginning, said point being on the South line of that tract described • in Boo};~~199;. ~Pag~e 197 and. which beax's S. 08°2G ` E. 2205.3~i feet from the ~Jorth quarter corner of said Sec~ion 12; • ' thence N: ?5°15' E. 717.D4 feet along the Southerly line of that tract cescribed in IIook 199, Fage 197 to the centez , of Gore~Creek; thence 5.28041' W. 1.30.61 feet along the enter line of saic7 CreeY,;'~~` ~ ` thence S. OS°24'30" E. 104.50 feet along the center line of said Creeks: . thence S. A9°29' W. 95.50 feet Along the cent;: line ,of said,,Creeks thence~5. 22034' W. 124.47 £eet along the center line ' of~ said ,,Creeki.: • thence 5.54000' W. 119..34 feet along the censer line of said CreekJ~to the Southeast corner of that certain tract of ' land,.des.cribed..in:,Book 211, Page lOD; ' . ~ • thence N: 33°1G' 30" iii. 140.12 feet along the Easterly . line of.•,tha.,t .tract described in >3ook 211 at page 108; ' thence. N. "57042' 30" l~. 1G9 . E3E3 feet along the Northeast,er~ly line .of that tract described in Book 211 aL• page lOD; • thencc.N:.•8G°02'30" ta. '1G2.92'feet along the Northerly line of,,those tracts described in Book 211 at Page lOB Look 211 'at Page 1,OG to ; a point; th~ncc N. 3205?' 30" ~Z. 75.Ot3 feet along the Noztheasterly line of that tract described in IIoo1: 215 at Page . 3G5, to the point of begSr~ning'. 31 ' CO:~TI;:LJLD , A1J D . All that part,of the St•i;iJC~~ }of Section 12, ly,inq Sou'ther,ly of the center of Core Cr"eek ns ~sho~~n' on the pl.~t'on 'file in the ' of fioe of the Eagle County Clerk and Recordez 'ns Document tio. 97•1fl9, described as follows: Beginning at the Nor•i:heast carnet of said St•}~~l1;;; • thence South 813°33' tJeSt 131.67 feet to a point in the' center of ~ said Cree};; thence .South 40°09' t•7est 94.04 feet along the center of said CreQY.; thence Sout:~ 18021' West 5x.08 feet along the center of said Cr°el'.; tt~et~ce South 10~-1 tJest 205.02 feet along the center of said Cre°'r.J thenca South 1210' West 110.35 feet along the center o= said C:ee1:; thence South 2II0a1' West 320.00 feet; thence So9ut.h 5°24'30" East, 170.00 feet along the' center of said eree}:; ' thence Sout:~ 27000'02" t•iest ©5.24 feet along the center of said ,cre~Y.; . thence Sout:~ 54000' t~lest 259.31 feet along the center of said , creak; .thence South 65034' tJest 109.52 feet along ~-the "center of said c~ eck; thence Sout'~ G9o0.1' t~lest 186.13 feet along the center of said creek; thence Sout:~ 05°25` 14est .G 6.88 feet along the: center of said creek; thence ilort:~ 77036' West 26.96 feet alone the center of said c_e°k; . • thence i•lort!1 50°33' test 199.19 feet along the cen.2r of said tree}:; th~ace i•lort`~ 3Q°40' tti'est 239.09 feet alono_ the center or said creek; thence Sout~ 76°35' t•iest ©9.91 feet along tt~e center of saki c~~ek; ' to ~ roint on the t~iest~rly line of said St•i;i•:E~; thence South Oo15' t•iest 4G1.90 feel: to !tlie center of said Sect_en l2; tl;c~ice ?north 89.02' East 13U2.G7 feet alo»a tl~e Soutliexlf lint of said St;~;ii)?; to the Sout ;Last corner of saic] Si•)!;;•1L;; • theme I•lort`~ 0o0G' East 1361,32 Beet alor.? tl:e Easterl_~ li^L of said S1•i;lJEL, L-o the 11or;.heast comer oi~ saic Sti'•;P;~~, the poi~~ of beginning, 1 At~D • The Nlti';SE; of Section 12, TownsSip 5 5out'~, Range 81 t•lest of the 6th P.DI.; • A13D ' Al). that part of the SE;NtJI;'of Section 12, T"o:reship 5 South, Range • 81 West of the Gt}i P.Al., lying Southerly of the Southerly right of way line of U.S. 1}ig}~~.~ay No. 6, as shown on the plat on file•in the office of the Eagle County Cler!: and Recorder as Document No. 97889, described as follows: ' Beginniny at the Southeast corner of said SE;111J;; thc:r~ce South 89°02' t,lest 83G.95 feet along .the Southerly line of said SE;NiJ~z to ra point on the Southerly right of way line of said hiyhway; • thence North 52035' East 1057.07 feet along the So~stherlX right of way line of said highway to a point on the Easterly line of said. • sE~;tJta, ; thence South 0°15' West 62©.21 feet along the Easterly line of said ' S)r?;NIJ a to the Southeast corner of said $E;NI•i~i, the point of beginning; E};CEPT T}iE i OLLOtaI1JG ; • that part dr:sczibed in ~3clok 100 at page 545; , that part described in .Bcok 291 at page 241; . that part described in Aoo): 203 at page 231; 32 • _ r ~ C0:7; I:IUED ~ • • t)iat part described in IIooY. 203 at page 531; that certain `~is~1a•nd adjacent L•o the above-~3esc:ibed .propert f, and .located in the mi.cdle oz -Gore Creo};, .whic!~ tho part:.es in.end to exclude frem this transac~ion;~ ' Count}• c f Eag ~ • State of Colorado • ~ . . ~ ALSO. THE FDLLO:Ili;G FARCcI fi0>;i•i~°L'f Y.N0.1{{ A$ Ti;~ "CJSG:.1Fi• PA~,Cz~" . . ~ tract•~of land situated in the 5lJ 1/4 hE lI4 of ~,•Se.ction.]2, ?o•.:nship S South, Ran&~ 81 'west of tlic Gth I'rinci;~al 1.lerioian, 1)•in~ tdorthwcstcrl}• of the center lane of Cvre Creek describeo .es • ; ~ 13ecinninc at a poin-~ whence the l:orth Quarter :•Co;ner.:of saic Section 13 gears 1:. 1]°U3' 1~. x.:2292.72-feet; thence S. 6G°02'30" F. 6°.b0 ' feet; thence S. 5q`42'30" L. l6°.Eb feet;. thenca ' 'i,'.• S..3s`1G'3U" L. ]0.12 feet'~to a point i.. the • ~ center of saio creek; thence S. 65`34' l:. ]09.62 • feet 'alor6 the center ling of said crre>,; th=nce S. ~ 69`C~~}-' ;'U .78 feet slonp the cenficr 1 ire cf • ~ ~ said creek; thence l~. 23`'l2'30" W. 3]7.5 feet to cl;e point of l~e~inning, containing 1 .05 acres, tnor~ or less. ~LSU DLSC~.7E~T~ . ' $e~innir.f at a F;,in~ ~d;,enc~ t:+c North C~uar'~c': ' ~ Corner of Sa:c3 Scc~ivh 11 bears f~• ! f °03' k~l. 2.Z~z.7~ feat; t)Ic!:ce 8$°~3'~Q.. ~ 8q•Bq ~E:~.~; thence 5. 37`?S's(~" E.. 165.46 feet; t:•~cnce S. '`'31°59'30" E. 141.47 feet to a point in the. "''center of said creek; thence S. b5°31'3b" 1.'. 1Q.9.62 feet Elons the center line of said cree;.; thence '5. C•9°U1'36" 1~J. 103.02 feet a]on~ the enter line of saio .creek; thence 1+. 13`24'09" ,.1•;.^ 3]5.05 fort to the point of beFinni:~E.. ?OCET11)r1: .ti+']Tl1 an ear.ebent IIF described in 'Uocu~,ent _ ~ rc~corcied August 5, 1t1Ei~ in Eook 306 at r~3Fe 443 ,.,,8n~• recorded i-, ~c~ul{ 307 ~t P~gE 136 •o~- t1-~t~ • _ Eagle. GountY 1'eCVros. ;;''~:,':,w~', l+L50 including n]1 water and well rights • • ~ • appurtenant t.o the above described propert , Nel 3 Ferri t fto. inc]uc'in~ i:ithovt lizritztion, ' X4702, ~;ater ri flits Decreed in Civil F~c:ion )~o. 2375 in Lap] E Gount~• District Court, and • sl ] that pc~rtio;~ of t:ater riEhts dt•crccd in • G:~se•')io. 1rG GW 410, Hater Divisior, l:o. 5, ' (GOrE plo. 1 11e11 - U.C~S cI~) . 33 _ ~ V h . ~ • , • ~ • s lt~ede Parcel ~ 1.2G0 acres . • County of Eagle and State of Colorado, to wit: ' It tract oL• land situated in the SW~NCts•., of Section 17., Township 5 South, Tt.~stge S1 t•lest of the Gth Pzir~tci~al t•leridian, described as fo11o~.~s: );eginning at a point on the tlorth-Souta center line of said Section 12 whence l-he North.Quarter Corner of said Section I2 bears 2Jor+,:1t 0o dogs, l5 1rains. East ZZG9.40 feet; thence tlorth 75 c]ea_„ J_5 rains. East 3~1G.2fli feet; thence South 32 dogs. 57 mires. 30 secs, East 7G.OEt feet; Ithence South 11• legs. 00. rains. 30 secs. tJest Z79,9g feet- to•a poir'tt. in the center of Gore' Creek;" • thence North 50 dogs, 32 rains. t•rest 111.31 feet alona the cen~sz line of said creek; tltertce North 3E3 dear. 40 mins~. S•lest 239.09 feet along titre center lute o£ said creek; thence South ~?G ,degs: 35 minx. i~'o5t Q9.91 feet along the center line of said::creek" to a point on '_lte North-South center line of said Section.l2; thence ' tlorth 00 dogs. 15 rains. Last 13.95 feet along the .North=South center line of said Section 1? to the point of beginning. ' . ' Total 1G.820. acres . • . • ~ , GORE CRET'F r155~^,CIrITES PROPERTY llLV,'LOF`IE::T nItF.1S B, C L D E30.?00 acres • Legal Descr,oti on ~ , ' • , nll that part of Section 12, Tot.;nship 5 South, Rance dl hest of the Gth P.:•1. , described as follo,::s nll that par of the N'jt.E's of Section 12, lying Southerly of the Southerly right-of-,ray line of U.S. lligh•.vay tlo. G and"Northerl_: " of the Sout`t~rly lino of Said lJ~i~lf?;, as shown on the plat on file, . in ttte office of the Eagle Count;' Cler}: and Recorder as Docume.^.t too. 974E39, described as follows: ' Leainning at- the hight~ray survey monument at the intersection of the Sou therly line of said hightaay and the Easterl}• line of said 11 ;iJL: , whence L•he Northeast comer of 'said Section 12 bears Nor~h 0003' .Vest b34.7a5 feet; , ~ ~ thence South 73o2G' 30" West 111.13 feet along the Southerly right ' of way line of said highway; ~ ~ thence South 70034' West 125,10 feet along the Southerly right of til3y line cf said highway= ~chencrr South 69°25' 41est 100.00 feet along the Southerly right of ~-:3y linc of said highways ~ thence South 65050' West IOD.OD feet along the Southerly line of ; ,said highways - ~:hence South 62015' West 10 0 , 00 feet along the Southerly• right of . tray line of said highway; ~;.henco Sou!:h S6°40' West 100.00 feet along the Southerly right of s,~ay 1_ne of said highway; ~ ' ' " Lhenc' South 55°O5' West 100.00 feet along the Southerly tight of wt~y line of said highways ~ ' thence South 51032' West 100.00 feet along the 5outher.ly. right of way J_' n~ of said highway; then~o South 47°57' West 232.58 feet along the Southerly right of way :~.'.ne of said highway to a point on the Southerly line 'of 'said ` " N~NE~~ ; thence 11ort}t 40°33' Last 497.67 feet along the &otitherly line of said Ntj1tE, to the center of the NEts of said Section 12s thence tlorth 8B°33' East 1379.35 feet along the Southerly line of said 1J 1tJ);; to the Southeast corner of said N;t~E;; thence 1dorL-h 0°03' West 7G0.95~ l:eet along the Easterly line of said tJ~l~lt: ~ L•o its intersection wi tlt ~ the Sou therly line of said . higi:„ay, the point of beginnint~,• 34 RESOLUTION NO.2 SERIES 1993 A RESOLUTION AUTHORIZING THE PURCHASE OF AN UNPLATTED PIECE OF LAND COMMONLY KNOWN AS THE VAIL COMMONS PROPERTY, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF ("THE PROPERTY"). WHEREAS, the Town Council believes it will benefit the public health, safety, and welfare to purchase the property for open space, parks, or other purposes. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vaii, Colorado: 1. The Town Manager is hereby authorized to enter into the contract to buy and sell the property which is attached to this Resolution as Exhibit "A" and made a part hereof. 2. The Town Manager and the Town staff are authorized to take whatever steps are necessary to complete the purchase of the property by the Town of Vail from Vail Commons, Ltd. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of February, 1993. Margaret A. Osterfoss, Mayor ATTEST: Pamela A. Brandmeyer, Acting Town Clerk C:WESOLU93.2 ' Y • r r'~•V / EXN?PITT "A" - 1,:.GAL DESCRIPTION • That certain parcel of land situate. ~ lying and being in the County of Eagle, ~ State of Colorado, described as follows, to wit: j ' I ,1111 that portion o.f the East ]/2 of the Southeast 1/4 of Sec- ' tion 11, and the Northwest •1/4 ~of thr+ South~:zs~ 1•. ' 'of Section ` 12, Township 5 South, Range A1, ~~est of the' 6th P. M., lying ? North of thc•Nvrthwestcrly Right-of-t9ay of Interstate >3ighway ' ' ho. 70, South of Vail l~eiylits, Filing No. 1, Northeasterly of ; Vail Das Sc}ione Filing No. 3, and Sout•l~west.erly of Suffer Creek. 'Subdivision, excepting l•;rereFrom the following: _ A parcel of land lying in the Ea.;t 1; 2 of the Southeast 1/4 of said Section 11, c!escribe~l .ZS: Commencing at the i Northeast Corner of the Southwest 1/4 of 'the Southeast 1 1/9 of said Section 111 thence alor.y the :hest line of ~ ; said East lit of the Southeast 1/4 of Section 11, S 1°39'00" . W 354.15 fer_t to the Southerly l:.ne of Cha,nonix Line Riglit-- 1 of-Way, which is also tho Southwest Carnet of Vail licights, Filing No. 1; t~ence along said So~~thcrly line on the follow- ing four courses: (1) N ,85°13' 33" E 192.82 Ieet to a' point ' of curve; (2) 27A.55 feet alor?g the arc of a 238.64 foot ! radius curve to the left whose central angle is 64°57'33" and t •~those long chord bears N 52°44'46" E 256.29 feet to a point ' of tangent; (3)' N 20 °16' 00" E 2H4 . 00 feet; and .(9) 82:24 feet 'along the arc of a 227.38 foot radius curve to the right whose central angle is 20°43'23" and whose long chord ' bears N 30°37'42" E 81.79 feet to the true ooint of be- ginning; theme continuing along said Southerly line of ' Chanonix Lana Risht-of-Way on t}:e following two courses: _ (1) 5'1.35 feet along the: arc of a 327.38 foo~ radius curve ' to tl,c right wliosc cnntr.•~1 inc;lc i 14°27'06" ::nd whose lone cl~or:l l~cars N' Ott°12' `,G" E 57.20 Cr:et to a point of • tanc3ent; and (2) N 55°26' 29" E 198.04 feet; thence S ' 43°06'35" E 469.14 feet to a point o,i tlic Northerly line,. of Int•~:rst.~l.•e llighway lio. 70 RiUhL•-oC-t•1,~y; thence S~uth- Westerly alc,nq said Northerly line or, the following L'wo ,courses: (1) 5 44'02'56" W 11.00 feet to a point of tangent .Ind (2) 251.43. feet .ilong r.he arc of a 5550.00 .foot radius curve to the rig,•t whose central angle is !;°t~ 2.37' 36" and whose long chori, bc.~rs S 4S°21' 44" H 254 irj•1 icet•; thence N 4 2 °57' ~!7" h! 506.70 feet to the true point , , ' ~ ~ i ..........w oco.+.,o.n ~.n C Legal Description . • - . ~ The printed pvnionr ot:hir forms rmed by the I ColondoRedLsuteCommioion~;t3S35/89) 11 TI I IS IS A LGC,AL INSiRUMGNt'. ID NOT UNDL'RSI'OUD, LLGAt„ TAX OR OTI?['sR COUNSCt. SI IOULD Rtl CONSULTt?D ttlsFOtU3 SIGNING. vACANT LAND CONTRACT TO BUY AND SELL REAL EBTATE Seller's remedy Liquidated Damages or Specific Performance (Section 16) ,19 1. PAR7'1CS AND PROPERTY. The Town of Vail purchaser(s) JI'urchaser), (as joint tenants/Icnants in common) egress to buy, and the undersigned seller(s) ~Scllerj, agrees to sell on the terms and conditions set forth in this contract, the following described real estate in the County of Eagle ,Colorado, to wit: See Exhibit A attached hereto and incorporated herein by reference. known as No. (Street Address) (City, State, Zip) together with all intcrest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, nll improvements Ihcrcon and all auachctl fixtures thereon, except as herein excluded, and called the Property. ' 2. INCLUSIONS. 7~he purchase price includes the following items (a) if attached to the Property on the date of this contract: lighting, healing, plumbing, ventilating, and air conditioning fixtures, '1'V antennas, water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, fluor coverin6s, inlcrcocn systems, built-in kitchen appliances, anti sprinkler systems anti controls; (b) if on the Property whether attached or not on the state uflhis contracL• built-in vacuum systems (incluclingacccssorics),atorm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, {fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and garage fluor openers including remote controls; anti (c) (tl) Water Rights. Purchase price to include the followingwater rights: A11 rights owned by Seller, i f any. - (e) Growing Crops. With respect to the growing crops Seller and Purchaser agree az follows: None . - 7'he above-described included items (Inclusions) are to be conveyed to I'urchazer by Seller by bill of sale, none deed or other applicable Icgal instrument(s) at the closing, tree and clear of all taxes, liens and encumbrances, except az proviclcd in section IU. 7'he following attached fixtures are excluded from this salt: 3. PURCIIASC PR1CL' ANU 7'@RMS. 7'he purchase price shall be S 3 ,161 , 972.00 , psyable in U.S. dollars by • Purchaser az follows (complete the applicable terms below): (a) IJIRNL'SI' hIONGY. S 10.000.00 in the form of a cher.k as earnest money deposit snd earl payment of the purchase price, payable to and held by Seller , IYrKticdtx ilJt~tx?~x'x xxasolattw~tx x~xx~xiclt;iltucotdatt~%liori~dM>axacolars~rxxbtoatlc~GxxwkoaSvxtt>ta?io4kKOCdzKx>Ilt~ttctaxnsxucx dt;~4i+S.dltxl2S xlirXc'kjEit?~~~d'iil~4K3'+?~'?~lt xxlta~itdtx•]QAt~b~. (b) CA511 AT CLOSING. S 3 ,1 ~ 1, 97 2.00 to be paid by Purchaser at closing in cash, electronic trana[cr [unds, txrti(ied check, livings and loan letter's check, or cashier's check. St10.1jd'cXXdlxt(dCj4ibY:IS161(9C14kYtlhl6~iX)QXNxtfd(1(>0191idJ(~O(afOCkO!%tfCXlfK7~tt)COtgtOCX>x ~{ta~S~xSK~Oivi'dFna~4~~Ftxrc~4,ici'i?Xx~raKx~DkisaF~xltat~l4~ac~,xa~cxa~cc~uctfar~ucc~io~x>~twMxa~Stx~txtatGHgotccpasascaaxalxtl~xx OAN. . S b Purchaser obtaining a new loan. 'T'his loan will be secured by a etc.) deed of 7~Ite new loan ?o Curchaser shall be amortize o io years al approximately S pct including principal ant t not toe % per annum, plus, if required by 1'urcltascr's Icnclcr, a deposit of of the estimated annual teal esta e Z ro erty insurance premium, and mortgage insuranc rerttium if the loan is an adjustable interest rate or graduated payment loan, mcnts and intcrest rat ' ' stall not exceed the [igurtss set forth above. _ + Nn. CRS) S/R9 ~'ACAN7lhNl)/FARM ANU RANCI I CONI RACi TO UU1' A SCLL R[%1L ESiA'i[i Page 1 of G McAlliper ubliMing, 502 Main t., Carbondale, CU 81G23 (303)9Wl027 Loan cliswunt points, if any, shall be paid to Icnder at closing and shall not exceed %of the total I n amo nt. 7'he first (1, 2, etc.) loan discount points shall be paid by ,and the balance, 'any, shall b aid by t'ur ascr shall limcly pay a loan origination fee not to cxceeel % of the loan amaunl and Purc er's loan ' vests. Cost any appraisal for loan purposes to be obtained after this date shall be paid by upon loan application as quirecl by Icnder. (d) ASSUh 1'1 ON. s by Purchaser's assuming and agreeing to pay an existing loan in this proximate amount, presently payable at per including principal, interest Ares fly at per annum, and including strove for the [allowing az incticalcd: ? real estate t es, ? property insurance premium, ? mortgage ins ante premium, and Purchaser agrees to pay a an transfer fee not to exceed s tlrc time of assuneptiun, the new interest talc shall not xwed % per annum arrcl Ilw new payment shall not excec S ,plus escrow, if any. Scllcr ? xlmll ? shall nut released from liability un said loan. If appli • rlc, uxnpliance with the requircmcMs fur rclcasc from liability shall be evidence by delivery al clusingof appropriate Iett r from Icnder. Crust payable fur rclcasc of liability shall be paid by in an amount not to exceed ~ , (c) SL:LLLIi Ult 1'ItIVA'1'L•'I'111ftU-1'A 'I'Y rINANCINCi. S by Purchaser exec 'ng a promissory note p blc to: on the note form as indicated: (check one box) ? Right-to-Cure NTD 82-11-83 ? No t-to-Cure NTD 81-11-83 secured by a (lst,2nd,etc.) decd of trus ncumbcring the Prop ty, using the format indicated: (check one box) ? Strict Uuc•on-Sale (7'D 72 1-53) ? Crcditw lhy (TD 73-11-83) ? Assumable -Not due o ale (7'D 7411-53) ? 7'Ire promissory nine ah l>e amortizccl on the basis of years, payable t S per including rincipal anel interest at the rate of % per ann Payments shall commence and shat a due on the clay of each succecdin~ If not sooner paid, the balance of principal an Accrued inlcresl shall be due and payable after closing. Payments ? s II ? shall not be increased by ~ of estimated annual real estate taxes, and ? shall ? shall not be incre d by of estimated an al properly insurance premium. 7'Irc lu. shall also contain the following terms as inclicatecl: If any payment is not received within calendar days after its d e dale, a late charge of % of such payment shall be due. Inlere~ On Ientler disbars cots antler the clccct of trust shall be % per annum. Default inlcresl rate shall be \ per a um. \ Purchaser may prepay without a penalty except 4. ANCING CUNUTI'IONS AND OBLIGATIONS. Loan Application(s). if Purchaser is to pay all or part of the purchase price as set forth in section 3 by obtai g a new loan or i[ a fisting loan is not to be released at closing, Curchaser, if required by such (ender, shall make wrist application within ndar days from acceptance o[ this contract. Purchaser shall cooperate with Seller and I er to obtain loan approval, diligently a limcly pursue same in good faith, execute all documents and furnish all inf anon and documents required by the Ientler, an ulrject to section 3, timely pay the costs of obtaining such loan or (en consent. (b) Loan Approval. If I' ascr is to pay alf or part of the purchase price by obtainin new loan as specified in section 3, this conUacl is conditional upon ctcr's approval of the new loan on or before 1~ If not so approved by said date, this coot shall terminate. If the loan is so appr d, but each proceeds are not available to Purchaser as required in section 5 (Good I~un at the time of closing, closin all be extended one time (or calendar clays (not to exccecl (5) five). !f sufficient funds are t then available, th' ntract shall terminate. (c) Cxisling-Loan Review. 1f an existing. loan is to be r cct at closing, Sellct shall provide copies of the loan documents (including vole, deed of trust, modifications) to ascr within calendar days from acceptance o[ this contract. 7•his contract is rnnclitional upon 1'urchazer's rev' an roust of the provisions of such loan documents. Purchaser consents to the provisions of such loan documents ' no written o lion is received by Seller or Listing Company from Purchaser within calendar clays from ' chaser's receipt of such uments. If the lender's approval of a transfer of the Properly is required, this contract is co rtional upon Purchaser's obtainin uch approval without change in the terms of such loan, except as set forth in sect' 3. if lender's approval is not obtained on before , 19 ,this contract shall erminatecl on such date. 1f Seller it to be: teleazed fr liability under such existing loan and Purchaser does not obta' uch compliance az set forth in section 3, this contract may b rminated at Seller's option. (d) Assumption nee. If Purchaser is to pay all or part of the purchaze price by assumin n existing loan and if the actual principal b nee of the existing loan at the dale of closing is less than the amount in ae n 3 by more than i ,then I'urchascr may terminate this contract effective upon retxipt by Scllcr or 'ling Company of Parch r'a written notice of termination. ~Jo. C0.~3 SIRO VnCANT [ANDf t:ARM AND RANCII CON7RAC(TO UUY k SCLL R rW. CSTATG Csge 2 of 6 + MrAlliner ublirhing, 502 Main 5~., Carbondale, CO 81623 (303)967.1027 . (e) Credit fts ation. If Purchaser is to pay all or part of the purchase price by executing a r ry note in favor of ' Scllcr or if an existing loan o be releaseet at closing, this wntract is conditional u er't approval of Purchaser's financial ability arrcl creelilworthiness, w rlrlwp rruval shall be al Seller's sole an ute cliscreliun. In such case: (1) Purchaser shall supply lu Scllcr on or bcfurc ~ at Purchaser's expcnsc, znforrtati;:n and documents concerning I'urchaser'a financial, employme Creel' wnclitiun; (2) Purchaser consents that Seller may verify Curchascr's financial ability and creditworihi any such informaUor ° documents received by Scllcr shall be held by Scllcr in wnfidence, and not rc to others cxccpt to protect 5eller's intetestZM lransaclion; (4) i[ Scllcr does not proviclc w•riucn notice cr'a disapproval to Purchaser on or before 9 ,then Seller waives this ron. If Scllcr flocs provide written police of disapproval to I'utchazer on of before said date, hi onlroct shall ~,t?rr male. S. GOOU fUNUS. Ati payments rcquirecl at closing shall be made in funds which comply with all applicable Colorado taws. G. NOZ' ASSIGNAIiLG This wntract shall not be assignable by Purchaser without Seller's prior written consent. cxccpt as so reslriclecl, Ibis contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors arrcl assigns of the parties. 7. IiVIUIiNCIi UN'I I I I.li. ticllcr sh:dl furnish Iu I'urchnscr, at Scllcr'a expcnsc, either a current commitment fur owner's title insurance policy in an amount equal to the purchase prier . b. CI . ti-e' • , r , , on or before March 1 ,19 93 it a title insurance commitment is furnished, Purchaser may require of Scllcr Ural topics of instruments (or abstracts of instrurncnts) tistcd in the schedule of exceptions (Gxccptions) in the title insurance commitnrenl also be furnished to Purchaser at Seller's expense. 'Phis requirement shaft pertain only to inslrurncnts shown of rewrci in the office of the clerk and recorder of the designated wunty or wunlies. The tilk insurance commitment, together whir any espies or abstracts of instruments furnished pursuant to this section 7, constitute the title documents ('1'itlc Uvcuments). Purchaser must request Scllcr to furnish topics or abstracts of instruments tistcd in the schedule of exceptions nv inter than calendar days after 1urchaser's receipt of the title insurance commitment. If Seller furnishes a Title insurance commitnrcrrt, Scllcr will Iravc the tills insurance policy delivered to Purchaser as soon as praclicablc after closing and pay Ilrc premium at cloning. - see addendum 8.7'1'I'LC. (a) Title Review. Purchaser shall have the right to inspect the Title Documents or abstract. Written notice by Purchaser of unmerchantabilily of title or of any ollrer unsatisfactory title wndilion shown by the Title Documents or abstract shall be signcet by or un behalf vi Purchaser and given to Scllcr or Listing Company on or bcforc i d calendar clays after 1'urchascr's receipt u[ 'Title Ik+eunrents or abstract, or within five (S) calendar clays after receipt by Purchaser of any'I'itle Uucument(s) yr endursement(sj adding pees Lixccptivn(s) to the title wmmitmcnt together with a espy of the Title i)ocumcnt settling pees l;xception(s) lv title. If Scllcr or Listing Company dues not receive Purchaser's notiu by the date(s) specified above, I'urehascr shall be deemed to have acceplecl the condition of title as disclosed by the Title Documents u satisfactory. (h) ~laUcrs Not Shown by the Public Records. Scllcr shall deliver to Purchaser, on or bcforc the date set forth in scdiun 7, true epics of all lease(s) and sun•ey(s) in Scllcr's pnsscssion pertaining to the Property and shall disclose to 1'urchascr rdl cuscrneuts, liens ur other tit{c m:Nlers nut shown by the public records of which Scllcr has actual knowlcclge. 1'urchascr shall have the right to inspect the 1'ropcrty to determine i(any (hirer pariy(s) has any right in the Property not shown by the public rewrcls (such az an unrecorded casement, unrcwrdecl (case, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) eliscloscd by Scllcr or revealeel by such inspeclivn shall be signal by or on behalf of I'utchaser anti given to Scllcr ur Listing Cornpany on or bcfurc MdrCh 17 ,19 93 . If Scllcr or Listing Company Clues not tccciec !'urcltascr's notice by said elate, I'urcltascr shall be cteemecl to have accepted title subject to such rights, if any, of third parties of which 1'urchascr has actual knowledge. (c) Right Io Cure. 1f Sellec or Listing Company receives notice of unmerchantability of title or any other un~alisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use rcasonabk effort to correct said unsatisfactory title contlilions(s) prior to the date of closing. If Scllcr fails to correct saki unsatisfactory line wnditivn(s) on or bcfurc the date of closing, This contr;rcl shall then terminate, subject to section 17; provided, however, Purchaser may, by written nulice reecivecl by Solver or Listing Company on or bcforc closing, waive objection to said unsatisfactory title condition(s). 9, UA'1 13 OF CLUSING. The dale of closing sh:r{1 be April 2 19 93 or by mutual agreement at an earlier dale. The hour and place of closingshall be as designated by UYer and Set l er lU. 7'RANSrL.R Of 7.1"1•LC. Subject to tender or payment on closing as rcquirecl herein and wmpliance by Purchazer with the other terms and provisions hereof, Seller shalt execute and clclivcr a good and sufficient General Warranty Deed deed to Purchaser, on clvsing, conveying the Property free artd clear of all (axes except the general (axes for the year of clvsing, ant{ cxccpt none free and clear o[ all liens (or special improvements insta{Icd as of the date of I'urchaser'e signature hereon, whether assessed or not; cxccpt distribution utility casements, including cable TV; except those matters re0ected by the Title Uocuments acccptccl by Purchaser in accordance with subsection 8(a); except those rights, if any, of third parties in the Properly nut shown by the public rcwrcts in acwrclance with subsection 8(b); and subject to building and zoning regulations. I1. PAY1`1L•N'I' UI' LNCUhf13RANCL3S. Any encumbrance required to be paid shall be paid at or before the lime of eculcarcnt from the proceeds of this transaction or from any other source. 12 CLOSING COST'S, DOCUAICNTS AND SGRVICLS. Purchaser and Sefkr shall pay their respective dosing costs at closing except as otherwise provided herein. Purchaser and Scllcr shall sign and wmplete all customary or required documents a1 or before closing. fees fur real estate closin and settlement services shall not exceed S 9,~.Q - and shall be paid al closing by Buyer and Sehl er splitting same , 13. I'RORA'I'IONS. General lazes for the year o[ closing, based on the most recent levy and the most recent assessment, rents, water and sewer charges, owner': association dues, and interest on continuing loan(s), if any, and shall be adiusted in ~cc~rdance with actual taxPt for 1994 shall be prorated to stale o[closing. Any sales, use and transfer lax that may accrue because of this transaction shall be paid by PUrCha St3t~ . No. CDS] S/RO VACANT I,ANOf rARM ANT) MNCI I CONTRACf 1 O UUY k SELL ItUL FSfA78 ~ Psge 3 of 6 McAllirte?Publirhing,502MeinSt.,Carbondsle,CO 63623 (3U3}963•fU27 - 14.1'OSSL:SSIUN. Possession of the I'rupcrty shall be tlclivercd to Purchaser as follows: On the date of closing subject to the following lease(s) or tenancy(s): None: I[ Seller, after closing, fails to deliver possession on the daft herein specified, Seller shall be tubject to eviction and shall be additionally liable to Purchaser for payment of S 1 OO.OO ,per day from the date of agreed possession until possession is tlclivcrcd. lS. CUNUI'I'ION UI' ANU UAh1AGL''1'U 1'ROl'ER'IY. 7'he Property and Inclusions :hall be conveyed in their present condition, ordinary wear and scar exccplctl. In the event the Property shall be damagctl by fire or other casualty prior to lime of eloxing, in nn anruunl of nut nrure thaw ten percent of the total purchase price, Seller shall be obligated to repair the some before the dale of closing. In the even) sucl? danurge is nut repaisetl within said time or if the damages exceed such sum, this contract may be terminated at the option of Purchaser. Should Purchaser elect to carry out this contract despite such damage, I'urchascr shaft be entitled to credit for all the insuranct proceeds resulting from such damage to the Property anti lnclusions, riot exceeding, howeve?, the total purchase price. Should any lnclusions) or service(s) fail or be damagctl behvecn the date of lltis contract and the date of closing or the date of possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Irrclusivrt(s) or services} with a unit of similar size, age and quality, or an equivalcrrt cretlil, Icss any insurance procectls reccivctl 1>y I'urchascr covering such repair or replacement. The risk of loss fur any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the growing crops, if any, as prtrvidetl in section 2 anti such party shall he cntitlctl to such i;nsurancc proccctls or benefits for the growing crops, if any. IG. 7'1~1Li OC L'sSSIsNCG/RLih1EU11'sS. Time is of lire essence hereof. if any note or check received as earnest money hercuntlcr or any other payment due hcrcundcr is not paid, honored or tendered when tlue,or if any other obligation hcrcundcr is nut performed or waived as hcrcin provided, there shall be the following remedies: (a) IF PURCIIASER 1S 1N DE=FAUL'T': lrTllls 110X IN SULISEC7'ION (1) i5 CIICsCKEU, SCLLBR'S RIrMGUICS Sl1ALL BC AS SLT FORTII IN SUBSGCI'ION (1) (SI'ECI('IC PL"•Rt~OR~IANCCJ. 1F SAIU 80X 1S NOT CIICCKCU, SCLLLR'S RCh1GD1iiS SIIALL 1311 AS SGT 1'OR'I'll 1N SUI3SCCTION (2) ~LIQUIUATEU UAMAGIJSJ. ? (I) Specific Performance. Seller may cites to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover ouch tlamsges as may be proper, or Scllcr may elect to treat this contract as being in full force and cffcct and Scllcr shall have the right to specific pcrformancc or damages, or bosh. (2) Liquitlalcd Uamagcs. All payments and things of value received hcrcundcr shall be forfeited by 1'urchascr end retained urr behalf of Scllcr and buU? paNics shall thereafter be released from all obligations hereunder. It is agreed Thal such payments and things of value arc f.1QUlUA'I'EU UAh1AGES and (except as provided in subsection (c)) arc SL'sl.l,lat'S SOLI: ANU UNLY RI~At1iUl' for 1'urchascr's failure to perform the obligations of this contract Scllcr ezpressly waives the rcmctlics of specific pcrformancc and additional damages. (b) 1F SELLER 1S 1N UEfAUL7': Purchaser may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Purchaser may recover sucfi damages as maybe proper, or Purchaser rosy elect to treat this contract as being in full force soft cffcct anti I'urchascr shall have the right to specific performance or damages, or both. (c) COST'S ANU CXPLNSGS• Anything Io the contrary hcrcin notwithstanding, in the event of any litigation or arbitration arising out of this contract, lire court shall award to the prevailing party all reasonable cosh and expense, including attorney fccs. 17. CAR ~ DISPUTE. Notwithstanding any termination of this oonlrsct, Purchaser gree that,. in the event of any controversy regart to t money and things of value held c osing agent, unless mutual written instructions are received by tfie holster of the carne tng~ of value, broker or closing agent shall not be required to take any action but may aw ' ocecding, or at broker s v cot's option and sole discretion, tray interplcatl all panic srt any moneys or things of value into a court of competent juns r haft rewvcr court ~ytis.a.~.~ ,~asonablc attorney fccs. 18. INSPECTION. Curchaser or any designee al?all have the right to have inspection(s) of the physical condition of the 1'ropcrty and Inclusions, at Purchaser's expense. !f written notice of any unsatisfactory condition, signed by Purchaser, is not retxived by Scllcr or Listing Company on or before March 17 ,19 93 ,the physical condition of the Property and Inclusions shall be dcemetl to be satisfactory Io Purchaser.lf written notix of any unsatisfactory condition, signed by Purchaser, is given to Scllcr or Listing Company as set forth about in this section, and if Purchaser and Seller have not reached a written agreement in settlement thereof on or before Aprl 1 2 ,19 9~ ,this contract shall then terminate, subject to section 17. Purchaser is responsible and shall pay for any damage which occurs to the Property and lnclusions as a result of such inspection. Flo. CUSS SI89 VnCnNT LANI)f FARM ANT) ItANCII CONt RACI•Tt) BUY a SELL. RI/SI. ESiAT[l Pa6e ~ of U MMCAllister 1 utrlirhing, 502 Main 5t., Csrbondafe, CO 51621 (303j963.1027 • 19. A 'NCY UISCLOSURG 7'he g broker, • and its talcs agents (Listing Company) represent Seller. 'ling Company owes ies of trust, loyalty and confidence to Scllcr only. While the Listing Cvmp as a duly to treat Purchaser hone. the Listing Company is the Seller's agent and is acting on alf of Scllcr and nut 1'urchascr. IIY SIC; i BU.UW,1'Ul2CItAS1:R ACKNUWLGI)GI:S PWU 1ML•LY NOTiCL•. Ul' LISTING UK SfsLLING CUh1 Y 'I'l1A'I' 1,IS'1'ING COMPANY IS SLLLIi ACiI~NC. 1'fie selling broker and its sale cnts (Belli mpany) represent; (If T11E BOX IN SUI3SGC1'IUN (b) IS C[ IGCKLiU, Slii.I.ING CUh CCRESGhFI'S CURCIIASER ONLY, AS 5G'1' t~UR'1'll IN SUI3SGCI'ION (h). 1~ TIIG HUX t ~Cl'ION (h) !5 NOT CfIGCKGD, SELLING CU~II'ANl' Rl'sl'I2LSIiN1:5 SGLLfiR ONI.I' S SGT FOI IN SUf3SGG'1'ION (a).j (a) Scllcr. 7'he Scaling Company owe tics of trust, loyalty and confiders Seller only. While the Selling Company has a duty to treat ['urcl?ascr he stly, the Selling Company is Scllcr's agent a is acting on behalf of Scllcr and not 1'urchascr. BYSIGNING OW, CURCHASGR ACKNOWLGDGCS PRIOR GLY NOTICE 13Y SLLUNG CO~1l'ANl"1'l1A'I' S ' .INC; COC\11'ANY 15 SELLER'S AGGN't'. ? (b) Purcha . I[ the box is checked: 7~te Selling Company owes duties of trust, loyalty and eon[i to Purchaser only. ilc the Selling Company has a duty to Treat Seller honestly, the .Selling Company is acting behalf of chaser and not Scllcr. SCsLLER ANU LIS~'ING COh1PANY ACKNOWLEDGE PR10R TIMELY NO'1 13Y SGLI.ING CUi`1CANY'I71A'1' 1T 1S I'URCI IASGR'S AG[:I~tC. 20. AUUI"1'IONAL CRUVISIUNS: This contract is supplemented and modified by the addendum attached hereto and incorporated herein by reference. 21. RECOMMENDATION OF LEGAL COUNSEL. ay signing this document, Purchaser and Sellet acknowledge that the Selling Company or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and this contract. 22. '1'GRMINA7'IUN. !n the event this txmtract is terminated, all payments and things o[ value received hereunder :hall be returned and the parties shall be relieved o[ all obligations hereunder, subject to section 17. No, CIlS3 S/89 vnCANT l.~N{)/t~ARM ANO tt~NCN COtsTW1Cf TO UUY do SP1.L REAL QStATl3 Cat6e S of 6 t1111irler ublirhing. SUl Mein S<i., Carbondale, (:U BtG13 (30l)961~102~ I : EXH?BIT "A" . . - LGAL DESCRIPTION ~ ' That certain par:.el of land situate. ` I lying and being, in the County of Eagle. ~ State of Colorado, described as follows, to wit: ` ~ I I • All that portion o.E the Eask ]/2 of the Southeast 1/4 of Sec- ~ ' tion 11, and the Northwest •1/4 ~of thr' Southe.•ast 1,• ' 'of Section s 12, Township 5 South, Range A1, test of the' 6th P. M., lying E Nort}~ of thc•Northwestcrly Right-of-May of Interstate Bighway tio. 70, South of Vail Iieic~}its, Filing No. 1, Northeasterly of ; Vail Dos Sc}ione Filin3 No. 3, and Sout.•},west.erly of Huffer Creek. 'Subdivision, excepting t:rerefrom the following: A arcel of land 1 p ying in the Fast 1; 2 of the Southeast 1/4 of said Seccion 11, c?escribe,] as: Commencing at the Northeast Corner of L•he Southwest 1/9 of 'the Southeast 1/4 of said Section 111 thence alor.y t}~e :Nest line of ; said East li Z of the Southeast 1; 4 of Section 11, 5 1'39' 00" . ~ W 354.15 feot to the Southerly 1.'.ne of Cha,nonix Lane Right- oi-«a}?, which is also t:ho Southwest Corner of Vail }?eic3hts, Filing No. 1; thence along said So~~therly line on the follott- ing four 'courses: (1) N ,85°13' 33" E 192.82 Ieet to a' point ' of curve; (2) 27p.55 feet alor?g the arc of a 238.64 foot radius curve to t}~e left whose control angle is 64°57'33" and 'whose long chord bears N 52°44'46" E 256.2 feet to a point • of tangent; (3)• N 20.16'00" E 2d4.00 feet; and .(9) 82:2.4 feet ' 'along the arc of a 227.38 foot radius curve to the right ' whose•central angle is 20°43'23" and whose long chord " bears N 30°37'42" E 81.79 feet to the true point of be- ginning; theme continuing along said Southerly line of ' Chanonix Lana Right-of-way on t}~e following two courses: _ ;1) 5'1.35 feet along thy: .zrc of a 327.3A foo~ radius curve to L}ie right w}tosc central inr,le i : 14°27'06" :end whose long cl,or:} L?c~rs N' 4 U •12' SG" E 57.20 Lr_et to a point of • tangent; and (2) N 55°26' 29" E 198.04 feet; thence 5 43°06' 35" E 469.14 feet to a point oii L}~e Northerly lines. of In tarst.iCe Ilig}~way I:o. 70 Riu}it-ot-t•:.~y; thence S7uth- Westerly alc?nq said Nort},er'y line or, the following t:wo .courses; (1) 5 44°02'56" W 11.00 feet to a point of tangent .end (2) 25~l.43. feet .ilong t:he .arc of a 5550.00 .foot radius curve to the rig,•t w},ose central angle is 2°37' 36" and w},ose long chori, bears S 45'21' 44" H 254,y1 .feet; thence ti 42°57'x7" N 506.70 feet to the true pout of ,beginning, . ~ ~ ~••.~1. ~M.. M °OO..Ilq.ll IM :l Legal Description :~.a ® ~~rU U ADDENDUM TO _ VACANT t~4ND CONTRACT TO BUY AND SELL REAL ESTATE THIS ADDENDUM supplements that certain vacant land cornrad to buy and sett real estate between the Town of Vail, Cobrado ("Purchaser") and Vaii Commons Limfted ("Seller"). 1. Deletion of Standard Exetptions. The title insurance policy provided for in the Contract shal{ expressly provide for the deletions of the standard printed exceptions from the title policy and shah be subject only to those title exceptions fisted on Schedule B2 of the title commitment which are acceptable to Purchaser. 2. Delivery of Documerns. Seiler shall deliver to purchaser ail documents listed as exceptions to title in Schedule B of the title policy commitment within fourteen (14) days of the notification of such exceptions by the Purchaser. 3. Delivery of Survey. Seller shall deltver to Purchaser within thirty (30) days of the signing of this Agreement an improvemern bcatbn survey certrfied by a licensed land surveyor defining the boundaries of and boating all easements and rights-of-way on the property. 4. Environmental Survey. (a) The parties acknowledge that Purchaser will pertorm or cause to be pertormed an environmental survey and analysis which may, ai Purchaser's option, include an analysis of asbestos, PCB in various forms, or other hazardous substances as Purchaser, in his sole discretwn deems necessary. Not more than seven thousand five hundred dollars ($7,500.00) of the cost of any such survey and analysis shall be shared equally by the Purchaser and Seller. Any cost of such survey in excess of seven thousand five hundred dollars ($7,500.OOj shall be paid for solely by the Purchaser, ff the results of such survey and analysis reveal levels of hazardous substances or materials which are unacceptable to the Purchaser, Purchaser shall determine, in its sole discretion, whether to cbse on the transaction contemplated by this Contract. If Purchaser elects not to cbse, the earnest money deposit made by Purchaser pursuant to this Contract shall be refunded to Purchaser, and thereafter neither parry shaft have any obligatbn to the other under this Contract. 5. Entry onto the Prorsertv. At any time prior to closing, if this Contract shalt not have first been terminated, Purchaser, its agents, contractors, and engineers shall have the, right to enter the property for the purpose of making surveys, soil tests, environmental surveys, obtaining topographical information, and for other similar preliminary work, provided that such operations are conducted in such a manner so as not to damage the 1 s ~ property or affect any operations of the property. Purchaser shall indemnify and hold harmless Seller against all tees, charges, or liens as a result of any activity of Purchaser on the property. 6. Seller's Representations and Warranties. To the best of Seller's actual knowledge, and without performing arty investigation or inquiry, Seller represents and warrants as of the date hereof and as of the date of closing that the following are and shall be true and correct: a) The Seller has no knowledge of any patent or latent detects, soil deficiencies, or sub-surface anomalies existing on the property. (b) Neither the execution of the Contract or this Addendum, nor the consummation of the transactions provided for herein constitutes, or results in any breach of the temps, conditions, or provisions of or constitute a default under any mortgage, deed of trust, ban agreement, lien, lease, license, ~dgement, decree, order, instrument, or other verbal or written agreement to which Seiler is a party or is subject to or to which the property is subject. (c) There are no actions, suits, or proceedings pending or threatened against the Seller or the property or which might adversely affect Seller or the property. (d) Seller has not received any notice of and has no knowledge of any violation of any law, rule, regulation, or order with respect to the property. (e) Between the date of the Contract and the cbsing, Seller: i. shall not dispose of any interest in the property and shall not, without _ Purchaser's consent, mortgage, pledge, or subject to lien or other encumbrance any interest in the property. ii. shall not without the consent of Purchaser, agree to or consent to any restrictions, covenants, conditions, easements, encroachments, or any similar matters, affecting the property or any part thereof.. iii. shall not without the consent of Purchaser, enter into any contracts, leases to Seller or leases by Seller. iv. shall keep the property insured at the asrrent level of insurance maintained thereon. (f) Except as spec'rfically noted in the Contract, there are no speaal assessments which now burden or encumber the property, and there are not special assessments currently proposed as to the property. (g) No part of the property has ever been used as a landfill, and no materials have ever been stored or deposited upon the property which would under any applicable govemmentai law or regulation require that the property be treated or materials removed from the property prior to the use of the property for any purpose which would be permitted by law but for the existence of said materials on 2 ~D~aG~ . the property. (h) Each and every document, item, or other information delivered or to be delivered by the Seller to the Purchaser hereunder are made available to the Purchaser for inspection hereunder shall be true, accurate, and correct. (i) There is no fact known to the Seller which materially adversely affects or in the future may (so far as the Seller can now foresee) materially adversely affect the property which has not been set forth in the Contract. 7. Purchaser's Termination. Prior to cosing and in the event the Seller fails to fulfill any of its obligations in accordance with this Contract, or should any of Seller's warranties and representations not be true and correct, this Contract shall terminate unless Purchaser by written notice received by the Seller on or before Dosing waives objection thereto. Upon termination of this Contract the earnest money deposit made by the Purchaser pursuant to this Contrail shall be refunded to Purchaser, and thereafter neither party shall have any obligation to the other under this Contract. 8. Seller's A~oraisal. Seller shall have the option to obtain an appraisal to the Property prior to the date of closing. Purchaser shall pay the cost of such appraisal, but in no event shaft the cost to be paid by Purchaser exceed the sum of seven thousand five hundred dollars ($7,500.00). It is understood by the parties that the Seller is selling the property to Purchaser for less than fair market value, and that it is the intention of Seller to gift the difference between the purchase price and fair market value to the Purchaser as a charitable contribution from Seller to the Purchaser. Purchaser agrees to cooperate with Seller with respect to Seller's intention to claim a charitable deduction on its federal income tax return. If the appraisal to be obtained by Seller fails to indicate a value for the property of not less than sixteen dollars ($16.00) per square foot, Seller shall have the option to terminate this Contract by giving notice of such termination to the Purchaser prior to closing. Should Seller choose to so terminate this Contrail, the earnest money deposit made by Purchase pursuant to this Contract shall be refunded to Purchaser, and thereafter neither party shall have any obligation to the other under this Contract. 9. Purchaser's Representations and Warranties. (a) Purchaser represents and warrants that there is no real estate transfer tax that must be paid in connection with the cbsing of this transaction. Purchaser agrees to indemnigy and hold Seller harmless with rasped to .any such real estate transfer tax. (b) That the Town of Vail meets all of the tests of Section 170 of the Internal Revenue Code and qualifies as a fity percent (50°I°) charitable organization for deduction purposes. 10. Miscellaneous. (a) Any notice under this Contrail shall be in writing signed by the party giving the 3 -~J LIU~ tJ same and shall be deemed properly given and received two (2j days after R is sent by United States mail, f postage pre-paid addressed to the party to receive the notice of the address set forth below. SELLER: Vail Commons Limited, a Cobrado limited partnership cJo Joe Picciuca 200 North Milwaukee Avenue Libertyville, fL 60048 PURCHASER: Town of Vail, 75 S. Frontage Road, Vail, Cobrado 81657 (b) Purchaser and Seller hereby represent a warranty that each has respedivety not engaged or utilized the services of any broker or salesman In eonnedion with this transadbn. (c) This Cornrad shall be binding and inure to the benefit of the parties and their respective successors and assigns. (d) The Contract and this Addendum thereto represent the entire Agreement between the parties with regard to the subject matter of this Agreement, and all prior Agreements, understandings, and negotiations shall be deemed merged herein. No representations, warrarnies, promises, or agreements expressed or implied shall exist between the parties except as stated herein. (e) No amendments or modifications to this Contract or this Addendum shall be made or deemed to have been made unless in writing executed and delivered by the party to be bound thereby. (f) The representations and warranties set forth in this Agreement shall survive the cbsing and delivery of the deed and shall be entorceable at law and equity. In addition, Purchaser may rely on the representations and warranties of the Seller and not be prevented or estoppel from pursuing any remedy available to it for breach or violation of any such representation or warranty by reason of any _ documents or other instrumerns furnished to Purchaser or any inspection made by or for the benefit of Purchaser. (g) To the extend that any provision of this Adderxfum and the Contract are inconsistent or in conflict, the terms of this Addendum shall control. IN WITNESS WHEREOF, the parties have executed this Addendum as of the day and year first written above. TOWN OF VAiL, a Cobrado municipal corporation By: Rondall V. Phillips, Town Manager VAIL COMMONS LIMITED, a Cobrado Limited Partnership By: WEST VAfL DEVELOPMENT CORPORATION, a Cobrado Corporation as General Partner By: cawiana.~wn 4 I d w MEMORANDUM TO: Design Review Board FROM: Community Development Depa~~trnent DATE: January 6, 1993 SUBJECT: A sign variance request for Curtin-Hill Sports located at 254 Bridge - Street. Lot I, Block 5-A, Vail Village First Filing. Applicant: Jack Cumn and Teak Simonett REVISIONS FROM PREVIOUS MEMORANDUM1 ARE L\DICATED IN BOLD TYPE 'pw?it5•tiM ....w:.vnii:::. ..n.v .....:.::::u;v~:i:.:iY:~v'.'F.~iilr:.:::::::.:.~.4:.:vw..:vn~nv ~:,vn..~.i~iG. f:rv..ii..:i.Hw...in....•..'. n.... n+'i'nG.. tt:tiui+.:.•.vv: n.~ ...v ~.v..v..~ f~.i.:G+..iv. iC..GG.v.iSMST.?nn}.~ S-.v.~: :6.~:.'.'.!: ..}}t: :~v::::::::. ~.::~.~:.-::n~::::::::::::::~...........................-..................:................... rn•::. kCV ~i ?x+. ~.i........... :yy:.:'ii>y':::::';:$;i:(:;4i`:~i`iij~ i;;:~~'.'w S:<:`L'~i v:i:?.::tii: n:::i:~.;, w::::::.vnvv.: ~:e:n~::: r::• ...:n~::::.iiiii:~iiii:~iY ..............w:::{{-0:v:..."'.;~::y;._.:::::::::::......,-.; ..~+r f.~i:Jiv~:viiivi: /i.. r..~.x. \r .'.it. +~-ircnwCririB... v::::::: r: I. DESCRIPTION OF THE REQUEST Curtin-Hill Sports Ltd. (for-nerly Vail Ski Rentals) is requesting a sign variance for the total sign area and the number of signs allowed. The sections of the Municipal Code which relate to the variance request are lasted below: Section 16.20.210 -Single Business Use B. Size, one square foot for each five front lineal feet of the building, with - a maximum area of 20 souare feet. Combined maximum for more than one sign shall not exceed twenty square feet; D. Number, one sign per vehicular ;street or major pedestrian way which the business abuts, with a maximum of two per business, as determined by the administrator, subject to review by the Design Review Board. Curtin-Hill Sports, as a single business, is allo~red up to two signs with a maximum . combined sign area of 20 square feet. The development's existing signs consist of: Two awnings with the "Curtin-Hill Sports Ltd." lettering, equaling 10 square feet (5 sq. ft. each). The variance request includes: Two new signs in addition to the two si;;ns existing on the awnings. One of the proposed signs is to be afree-standing sign of 5.75 square feet, located near the northeast corner of the building, facing Bridge Street. The second sign is proposed to be a hanging sign of 6.5 sgccare feet, located on the northwest corner of the building. Therefore, the v~uiance request is for two additional _ 1 signs and 2.25 square feet of additional sign area above ZO sq. ft. Please also note that as of December 31, 1992, the applicant had already erected the two additional signs (hanging and free-standing) for which a variance is being sought. II. BACKGROUND On October 14, 1982, Vail Ski Rentals presented the DRB with a sign variance request for a window sign exceeding the 1.5 square feet allowed by code at the time (Section 16.20.220). The proposed sign was to be approximately 3 square feet in size. Also on this date, the applicant requested the DRB to approve two new "Vail Ski Rental" hanging signs to replace the existing signs; these signs met the code requirement and were not part of the variance request. In response, the DRB approved the two hanging signs but denied the variance request for additional window sign area; 1.5 square feet was approved for the window sign on the new door. As a condition of approval, the DRB required that the two existing signs be removed when replaced with the new signs. The Community Development Department has no record of any approvals for the two existing awning signs. The applicantlnaintains that these signs were approved in 1976 or 1977. III. FINDINGS AND STAFF RESPONSES Before the Board acts on a variance application, the applicant must prove physical hardship and the Board must find that: A. There are special circumstances or condirions applvin~ to the land, buildines. topoeraphv. vesetarion. sign structures or other matters on adiacent lots or within the adiacent right-of-way which would substantially restrict the effectiveness of the sign in ouestion; provided, however. that such special circumstances or conditions are unique to the particular business or ent~,~.~se to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. Staff Response: The staff believes that special circumstances applying to the Hill Building restrict the effectiveness of the existing two allowable signs. Specifically, the Hill Building has three pedestrian frontages (north, west, and east) as well as limited frontage toward the mountain on the south. Therefore, the staff supports one additional sign for the building. The staff feels that a fourth sign 2 r would be excessive and therefore cannot support the request. Since the staff does not support the fourth sign, we are also recommending denial of the request for sign area exceeding a total of 20 square feet. It should be noted that each of the four window frontages could have up to two window signs per section 16.20.220 of the Municipal Code. (This is discussed in further detail in Part IV -Staff Recommendation section of this memorandum.) B. That special circumstances were not created by the applicant or anyone privy to the applicant. Staff Response: The staff does not believe that special circumstances were created by the applicant. C. That the arantinQ of the variance will be in Qeneral harmony with the purpose of this title and will nct be materially detrimental to the persons residing or ~ working in the vicinity, to adiacent property, to the neiehborhood, or to the public welfare in eeneral. Staff Response: Since the Hill Building has three pedestrian frontages plus limited frontage toward the ski mountain, the staff feels that one additional sign would be in harmony with the purpose of this title, and would be consistent with other signs approved for projects of this nature. However, the staff feels that a fourth sign and additional square footage above 20 sq. ft. would be excessive and not in harmony with the purpose of this title. D. The variance applied for does not depart from the provisions of this title any more than is required to identify the applicant's business or use. Staff Response: As discussed above, the staff believes that the three pedestrian frontages and ski mountain frontage warrant one additional sign. and that the fourth sign and additional square footage above 20 sq. ft. would be more than required to identify the business. IV. STAFF RECOMMENDATION As discussed in part III of this memorandum, the staff does not support the sign variance request as proposed. However, the staff does support one additional sign and believes that criteria III A,B,C, and D above have been met for the one sign. Staff 3 can also support three signs having a total area of 20 square feet (maximum) versus the proposed 16.5 jor 15.75 square feet associated with four signs. In addition, two building id ~ nti6cation signs are allowed havinb an area not to exceed ZO square feet (i.. "Hill Building"). It should be noted that th "window sign" section of the Sign Code (I6.2022Q) now allows for two window si ns per window frontage of the building with a coverage of up to l~ percent of the t tal window space (l0 square feet maximum), Since the Hill Building has window fro tage on four sides of the building, eight window signs are allowed by code {2 per ontage). Presently, 20 window signs exist as well as two additional non-approved igns on the south side of the building. ~,r~,. , -~~z - \1``.~\ ~ ~ _ ' ~F~ _ 4 DESIGN REVIEW BOARD AGENDA JANIIARY 6, 1993 3:00 P.M. SITE VISITS 1:00 P.M. 1 Regal - 1079 Sandstone Drive. 2 Dauphanais - 1500 Lionsridge Loop. 3 Zeli - 2161 N. Frontage Road West. 4 Cortina Chalets - 2662, 2672 & 2682 Cortina Lane. 5 Curtin Hill Sports - 174 Gore Creek Drive/The Lodge at Vail. 6 Vail Ski Rentals/Cumin Hill Sports - 254 Bridge Street. 7 Cinnamony Buns - 241 Frontage Road East/Nail Transportation Center. 8 Strauss - 483 Gore Creek Drive. 9 Kalkus - 324 Beaver Dam Road. 10 FCelton - 1034 Homestake Circle. 11 Lawler - 4939 Meadow Drive. +w!.} . ................yn:..,..........:.....-........,.....:............:..................... xn..rm.,vrx.;nv: nv..ivix~:xw •nY?t>..._........:. .vnmvmvx: x.+]:.v~~i{ry }v; ::Si+Y. w:..;, v:. viii}ii: i'::v:: i:;• rF:" ::v: nv:.~::::: :v;: v; w.:. .....:...:::::::~:~:!:.''i.~:vj}; •ii:{.ii'r Ji:: ii:.: ;.i: ~:4;:.}:.... . mr ...M n........:; AJ4' ..v::~ v H.t Y.tP. x: AGENDA 1. Curtin Hill Sports - New sign. TD 174 Gore Creek Drive/The Lodge at Vail. MOTION: Kathy L. SECOND: Bob Borne VOTE: 4-0 Approved with condition: Remove crest that protrudes down into doorway. 2. Gordon - New primary/restricted secondary residence. TD 2632 Cortina Lane/Lot 5, Block B, Vail Ridge. - MOTION: Bob Borne SECOND: Mike Arnett VOTE: 4-0 Approved as submitted 3. Vail Ski Rentals/Cumin Hill Sports - Sign variance. TD 254 Bridge Street/Lot I, Block 5-A, Vail Village 1st. MOTION: Kathy L. SECOND: Bob Borne VOTE: 4-0 Recommendation of approval of 3 signs up to 20 sq. ft. Signs to remain: - 1) Free Standing 2) Hanging Sign {fix mount) " - - - = 3) One (1) Awning Sign _ . Conditions:=one (1) awning sign to be removed; hanging sign to be removed until Town Council approval; window signs to be brought into conformance with code - only 8 are allowed and 20+ currently exist.