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HomeMy WebLinkAbout1993-06-01 Support Documentation Town Council Regular Session y9 m a/~ 41 VAIL TOWN COUNCIL REGULAR EVENING MEETING _ TUESDAY, JUNE 1, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. CITIZEN PARTICIPATION. 2. Appointment of 3 Members to the Local Licensing Authority. 3. Consent Agenda: A. Approval of Minutes of the May 4, 1993, and May 18, 1993, Evening Meetings. B. Ordinance No. 7, Series of 1993, second reading, an ordinance repealing and reenacting Ordinance No. 1, Series of 1993, to provide changes to Area A requirements for SDD No.4 that concern the development plans for the Millrace III Development Building site; and setting forth details in regard thereto. Applicant: Michael Lauterbach. C. Ordinance No. 14, Series of 1993, second reading, an ordinance amending Section 16.24.010(G) of the Vail Municipal Code, setting forth provisions relating to signs displayed on balloons which are associated with a special event within the Town of Vail. Applicant: the Town of Vail. 4. Ordinance No. 12, Series of 1993, first reading, an ordinance amending Ordinance No. 31, Series of 1992, to reduce the interest rate to be paid on installments of special assessments against affected properties within the Booth Creek Local Improvement District. 5. Resolution No. 6, Series of 1993, a resolution authorizing the Town Manager to sign an Intergovernmental Agreement for a Regional Planning Commission for the purpose of transportation planning. 6. Review of the Art in Public Places (AIPP) Board approval of acquisition and siting of "Terre Haute" by Bryan Hunt. 7. Appeal of the Design Review Board (DRB) regarding a deck, hot tub, and required landscaping at the Kandell residence located at 4259 Nugget Lane/Lot 2, Bighorn Estates Resubdivision of Lots 10 & 11 (east half of duplex). Appellant: Dr. Robert Kandell. 8. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 6/8/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 6/15/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 6/15/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:IAGENDA.TC 3 S VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, JUNE 1, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Appointment of 3 Members to the Local Licensing Authority. Holly McCutcheon Action Requested of Council: Based on interviews conducted May 25, 1993, vote to determine which individuals will be appointed. There are 3 positions available, each term beginning 6/93 and expiring 6/95. Background Rationale: The candidates are Bill Bishop, Linda Fried, and and Davey Wilson. All 3 of these candidates have been serving on the Local Licensing Authority and are applying for reappointment. No other applications have been received. 7:45 P.M. 3. Consent Agenda: A. Approval of Minutes of the May 4, 1993, and May 18, 1993, Evening Meetings. Jim Curnutte B. Ordinance No. 7, Series of 1993, second reading, an ordinance repealing and reenacting Ordinance No. 1, Series of 1993, to provide changes to Area A requirements for SDD No.4 that concern the development plans for the Millrace III Development Building site; and setting forth details in regard thereto. Applicant: Michael Lauterbach. Tim Devlin C. Ordinance No. 14, Series of 1993, second reading, an ordinance amending Section 16.24.010(G) of the Vail Municipal Code, setting forth provisions relating to signs displayed on balloons which are associated with a special event within the Town of Vail. Applicant: the Town of Vail. 7:50 P.M. 4. Ordinance No. 12, Series of 1993, first reading, an ordinance amending Steve Barwick Ordinance No. 31, Series of 1992, to reduce the interest rate to be paid on installments of special assessments against affected properties within the Booth Creek Local Improvement District. Action Requested of Council: Approve/deny/modify Ordinance No. 12, Series of 1993, on first reading. Background Rationale: The refinancing of the Booth Creek Local Improvement District bonds allowed TOV to reduce the interest rate on the assessments from 9.5% to 7.75%. This ordinance is required to change the interest rate on the assessments. Staff Recommendation: Approve Ordinance No. 12, Series of 1993, on first reading. 8:00 P.M. 5. Resolution No. 6, Series of 1993, a resolution authorizing the Town Greg Hall Manager to sign an Intergovernmental Agreement for a Regional Planning 1 Commission for the purpose of transportation planning. Action Requested of Council: Approve/deny/modify Resolution No. 6, Series of 1993. Background Rationale: The Intermodal Surface Transportation and Efficiency Act requires each state to have a Statewide Transportation Plan. The Colorado Legislature has determined the Regional Transportation Planning Commission should carry out this task. An Intergovernmental Agreement is required to establish the Intermountain Regional Transportation Planning Commission. Staff Recommendation: Approve Resolution No. 6, Series of 1993. 8:15 P.M. 6. Review of the Art in Public Places (AIPP) Board approval of acquisition and Shelly Mello siting of "Terre Haute" by Bryan Hunt. Action Requested of Council: Approve/modify/deny AIPP decision. Backqround Rationale: On May 12, 1993, the AIPP voted unanimously to accept "Terre Haute" by Bryan Hunt from a private benefactor. After reviewing possible locations, the AIPP board felt that the piece should be sited at the new Mayor's Park. The board found that this piece met all of the criteria set forth in the AIPP Guidelines and that this site would give this piece high visibility. 8:45 P.M. 7. Appeal of the Design Review Board (DRB) regarding a deck, hot tub, and Tim Devlin required landscaping at the Kandell residence located at 4259 Nugget Lane/Lot 2, Bighorn Estates Resubdivision of Lots 10 & 11 (east half of duplex). Appellant: Dr. Robert Kandell. Action Requested of Council: Make a determination on the DRB's decision to remove a portion of the deck (constructed without DRB approval or a building permit) located in a required setback, as well as required landscaping. Background Rationale: Please see the attached memo to Council from the Community Development Department dated May 27, 1993. Staff Recommendation: Uphold the DRB's decision regarding the deck, hot tub, and required landscaping. 9:15 P.M 8. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 6/8/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 6/15/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 6/15/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. CAAGENDA.TCE 2 35~ coPI k s vt M 7-<, MINUTES VAIL TOWN COUNCIL MEETING MAY 4, 1993 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 4, 1993, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:55 P.M. MEMBERS PRESENT: Merv Lapin, Mayor Pro-Tem Bob Buckley Jim Gibson Jim Shearer Tom Steinberg ABSENT: Peggy Osterfoss, Mayor Rob Levine TOWN OFFICIALS PRESENT: Larry Grafel, Acting Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Assistant to the Town Manager Holly McCutcheon, Town Clerk The first item on the agenda was Citizen Participation of which there was :none. Second on the agenda was a Consent Agenda consisting of two items: A. Approval of the Minutes of the April 6, 1993, and April 20, 1993 evening meetings. B. Ordinance No. 10, Series of 1993, second reading, an ordinance rezoning three tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning, Section 18.38 within the Spraddle Creek Estates Subdivision, and approximately 40 acre parcel located north and east of the main Vail I-70 interchange. Merv Lapin read the titles in full. Discussion followed regarding Ordinance No. 10, Series of 1993, second reading. Merv Lapin raised the question of ensuring that taxes were paid on subject property. Jim Gibson then moved to approve the Consent Agenda, with a second from Tom Steinberg. A vote was taken and the motion passed, 4-0-1, Bob Buckley abstaining. Item No. 3 was Ordinance No. 5, Series of 1993, first reading, an ordinance amending Chapter 16.04, and Sections 16.12.010, 16.20.220, 16.22.160, 16.26.010, 16.20.015 and 16.22.016 of the Town of Vail Municipal Code to provide for the prohibition of neon lighting and signs and exterior gas filled, illuminated and fiber optic lighting and signs, and providing regulations regarding the review of all other gas filled, illuminated and fiber optic lighting and signs, and providing details in regard thereto. Merv Lapin read the title in full. Shelly Mello presented the ordinance to Council, directing them to the attached memo from the Community Development Department (CDD) dated May 11, 1993. Jim Gibson asked about the enforcement of non-conforming signs currently in place, stating that it was very difficult to enforce the removal of such signs without an amortization period. Shelly stated that the department felt that the ordinance would take care of such problems. Jim Gibson asked that CDD take a look at all non-conforming signs in the Vail area and would let Council know how many there were, stating that they knew of many such violations. She stated that there had been several meetings held with business owners to discuss this matter. After further discussion, a Tom Steinberg move to approve Ordinance No. 5, Series of 1993, on first reading, with a second from Jim Gibson. A vote was taken and the motion passed unanimously, 5-0. Item No. 4 was Ordinance No. 9, Series of 1993, an ordinance amending Chapter 18.04 of the Vail Municipal Code by the addition of Sections 18.04.137, 18.04.205, 18.04.251, 18.04.273 and 18.04.367, setting forth new definitions relating to the Zoning Code; repealing Section 1 • 3 18.54.050(C)(11); amending Section 18.54.040(C)(1) of the Vail Municipal Code by the addition of Paragraph (m) providing for outdoor lighting plans to be submitted to the Design Review Board of the Town of Vail; amending Section 18.54.050 of the Municipal Code of the Town of Vail by the addition of Paragraph (J) providing a new Section of the Design Review Board Guidelines relating to outdoor lighting; and providing details in regard thereto. Merv Lapin read the title in full. Andy Knudtsen, representing the CDD, presented the ordinance to Council. Council was asked about a non-conforming section to the ordinance. Larry Eskwith, Town Attorney, reminded Council that this had been excluded from the ordinance previously at the direction of Council. There was discussion with regard to including a time schedule in this ordinance. Larry Eskwith advised Council they could adjourn to Executive Session, not pass this ordinance on first reading, or table the discussion. Council elected to go into Executive Session. Jim Gibson moved to adjourn the public meeting and go to Executive Session, with a second from Jim Shearer. A vote was taken and the motion passed unanimously, 5-0. Council left the Council Chambers at 8:10 P.M. The meeting was called back to order at 8:25 P.M. John Spillane, representing Henry Kravis, a property owner in Vail Village, addressed Council, stating that his client had invested a significant amount of money in outdoor lighting and did not feel the Town had any right to make the lighting non-conforming. He stated the neighbors had not complained of the lighting. After further discussion, a motion was made by Jim Gibson to approve Ordinance No. 9, Series of 1993, on first reading with the addition of a time schedule of five years for removal of non-conforming lights with a penalty for each day of non-compliance to be included in the ordinance prior to second reading. Jim Shearer seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Under other discussion, Merv Lapin asked Council to approve a motion to continue the Vail Recreation District lease until December 31, 1994. He reminded Council that the Old Town Shops and the Nature Center had been removed from the contract. Approval was also needed to have the negotiations concluded for the new lease by February 1, 1994. Jim Gibson moved to approve the Vail Recreation District lease through December 31, 1994, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 5-0. There being no further business, a motion to adjourn the meeting was made and passed unanimously. The meeting was adjourned at 8:30 P.M. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Town Clerk Minutes taken by Mary Caster CAMINSMAY4.93 2 ~w ORDINANCE NO. 7 SERIES OF 1993 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 1, SERIES OF 1993, TO PROVIDE CHANGES TO AREA A REQUIREMENTS FOR SDD NO. 4 THAT CONCERN THE DEVELOPMENT PLANS FOR THE MILLRACE III DEVELOPMENT BUILDING SITE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Michael Lauterbach has 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. 1, Series of 1993 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. 1, Series of 1993, is hereby repealed and reenacted, as follows: Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Chapter 18.40 of the .Vail Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the development plan for Special Development District No. 4. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby approved for the development of Special Development District No. 4 within the Town of Vail. Section 3 Chapter 18.46 Special Development District No. 4, Cascade Village, is hereby repealed and re-enacted with amendments to read as follows: 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 1 situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 18.46.020 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or 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; 6. Two-Family dwelling; 3 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 Lyon Duplex Lots 1. Single family dwelling; 2. Two-family dwelling. D. Area D. Glen Lyon Commercial Site 1. Retail; 2. Restaurant and bar; 3. Business and professional offices; 4. Multi-family dwelling; 5. Employee dwelling as defined in Section 18.46.220. 18.46.060 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 18.60 of the Town of Vail zoning code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 18.04.135 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. 4 B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Duplex Lots 1. Public park and recreational facilities; 2. Ski lifts. D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253. 18.46.070 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B, 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 Lyon Duplex (Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home. occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. 18.46.080 Location of Business Activity A. All offices, businesses, and services permitted by Sections 18.46.050 through 18.46.070 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.090 Density--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village 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) dwelling units. 6 B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Duplex Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site 4. Three dwelling units, two of which shall be employee dwelling units as defined by the table in Section 18.46.103F. 18.46.100 Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA. C. Area C, Glen Lyon Duplex Lots GRFA shall be calculated for each lot per Section 18.13.080 density control A and B for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyon Commercial Site The gross residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit shall be 1,630 square feet. 18.46.102 Commercial Square Footage A. Area A. Cascade Village Area A shall not exceed 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 Lyon Commercial Site Area D shall not exceed 16,730 square feet of office for Phase I, IA & II or 15,584 square feet of office for Phase III per the approved development plans. The micro-brewery and associated uses shall be constructed per the approved development plan. 7 18.46.103 Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site TCHART 1 Area A Completed Protects Rtniv On-Site Cascade Structur I etas Square e AU, s D_Us _ Gr1FA . l- Commercini Feet Parkin g¢ Parking i~SILLRACE 1I ~ ~ 16_]~20,OC_0 - _ 28 MILLRACE- II 14 17,534 25 0 MILLRACE IV - Units"" I 10 45o 19 0 WESTIN 148 55,457 0 115 _Altrodo's 104 Seats_ 0 0 Cale _ 74 Seats 0 _ 0 Utllo Shop 1,250 0 - 0 Popirts 2.491 0 - 0 W & H Smith, Vaurnot 900 0 Ch1C BUILDING - Cnscado Win t 8 15,870 0 - 16 Clancy's 1,600 0 _ 13.3 Theater 4,220 _ 28 Collogo Classrooms 0 _ 40 C011ego Otfico 0 _ 4 71~cator/Meeting Room 2J 1,307 0 11.5 TERRACE WING - Rooms 120 58,069_ 0 _ 105 Ret~ iI 5,856 0 _ 20 PLAZA I Rooms 20 7,205 0 _ 16 Retail 1,099 0 _ 4 PLAZA II Conforonco 0 _ 35 Rotail 925 0 3 CASCADE CLUB y _ Retail 300 0 _ 1 Bar & Restaurant _ 252 0 3.5 Office in-CM_C 828 0 _ 3 Wellness _Center 1,306 0 7 Office in Club 420 0 1.4 TOTALS 288 AU 44 DU 184,585 19,173 72 426.7 0410$ 11ex the purposes of calculaling CIWA for file Cosgriff 1)arcel (Millrucc IV), n0 ctcdits Sllull l)c givct1 cxccrl fc r 3W s(1. ft. to tx alluwed for each enclosed parking spnce. per section 18A6.210(c)(5)0). a i>:<:::>:>.:»>::>::>::»: »::>:.>:::::<::>:::::.Y;Y:: Y}YY::•:;?•:•:??•:c:c ::t:; ?•Y: Y:o>:.;::;,::.: osed Pro ect Area A Pro C ART 2• . Ar H OnSfto Cascade .•Y:; 1. CORNERSTONE AU orTR DU GRFA Co_m_mere_1-1 S uare Feet Parking Structured Parkin nits 64 TR 28,110 53 Employee Units' 3 1,800 3 Retail 11 100 37 11 11,100 3 On-Site Cascade 2. WATERFORD AU orTR DU GRFA Commercial Suare Feet_ Perkin Structured Perkin _ Units 27 DU 56 Employee Units 2 1,100 2 O7AT5 27 47,500 58 3. es even On-S179 Cascade Condos AU or TR DU GRFA Commercial S. uare Fcet Perkin Structured Parkin Units 20 22,500 _40- - - Employee Units Max 10 6.400 20 0 0 DU I 22,5W 60 On-S te Cascade 4. Millrace III AU o_r TR DU GRFA Commercial S_ u_ ere Feet Parkin Stru_ c_tured Perkin nits 3 6.450 7 'TO 3 6,450 7 5. Cascade u On-Site Cascade Addition AU or TR DU GRFA Commercial Sua_r_e Feet Parkin Structured Parkin nano 1 (Wellness Center) 4,500 22.5 or Scenario 2 Gymnasium) 4,500 0- TOTALS Scenario 1 4,500 22.5 Scenario 2 J 4,500 n-~ to Cascade 6. Pleze Ofttce" AU or TR DU GRFA Comm_erclel S uare Feet Perkin Structured Parkin 925 - TOTAL 64TR So DU 104,560 16,525 4,500 218 23.2 MAXIMUMS • rsnployea units shall not count toward density or GRFA for the purpose of this SDD. Plan space has already been canted for a retail parking requirement. The new parking mquimmem is based on the diffemnoe between the retail and office parking requirements. Tout figures represent highest density and commercial somarios. .:.rr::.::..::::•::::!....,•:.:...:.:.. r.....::....., • . •;..:..,•.:.v..........: r........... . :.:.:::::Y'•:;;;:;;:r:': is r.., r............ r. t . } 3: Area A CHART • • tt;~::G:^3:v:'~t~::isi.:t!v:v;??~i%:t:::{;.:;:::vv::tt::::'r:•4 ':•:4Y:: }tY::!?.; ~i:::.i n ~ r..,v v,}~.; ::.:}Y:v: •r.:•.:::::: < .:•?•::?::}:':i.Yi'•::'.Yi:'n;i:,?'}?.;::: iv$Y:!: S: Yi r:.i: •lv :fiy Ir d P rkin X x. y..; r:: •..v.v v.:, Y'tYY}Y:~i}ir..Y:' '~ii'•i!: ~.,..r ...:.v:iy.}.:::v.•.:.:::::CY.:v.,.:~?.v::~?.};:+.}Y:t.;.;:•.vA.L:iY~:}Y::::rv.vm::::::: }Y:Li:•. Y::.::.i v.v. ~:.:~.::..i. .::t.. .t r..:..•.: ::?..v:: : ri:i'G:'Y :}'ii'r:4: '4:~~iii: !..:n.. i..:.. r,.... m:•:::~v: Y:3:::;:!..ir ::•:::.:.:.:v:v:::::Y::':.Y:i~Y:•::~YY`:•.t:::?i;:•.t; ~::.~v:K:. 4n:.::4 .f.~Y.:'.•::?~Y:%:::•:~>;>>?}?:<~:';'y::'iYi ~i':i%:~ii. r.,; rte. ;.~!.:.v:::::?.::::::: ~•.hv: ~ n.4•N...:... r: r.,: $ ::::l... n.. r...... . . 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 -78.7_ Total Req:'Parking at Use. of Area A in Cascade Struc. F 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 • Area Units G1?~'A • . (Acres) 16. DU Acre 35 Original Parcel •15.68 252,00 256,437. Robbins Parcel 1.23 19,68 181752 Cos( griff Parcel 1,045 ~fi,7P 15,932 17.955 288.40 291,121 F. T)rVr,LOPMZN' T rOR AREA Q, GLEI1 LYON C0147.1FRCIAL SITS SDD 44, AREA,D DEVEI;OPMCNT SQUARE jrOOTAGE AND PARKING PER TOWN OF VAIL REQUIREMENTS FEBRUARY 2G, lh9o PHASE la PHASE I,Ia & II PHASE I,Ia,II AND III DEVELOPMENT DEVELOPMENT DEVELOPMENT Sq.rt . /Parking Sq,rt. / Parking , Sq.Ft...•/ Parking Glen Lyon , .Cffice Bldg, ; (Existing) 10,150 40. G 10,150 40.6 10,150 40.6 'SE TA C_en Lyon i office Bldg. 400 1.6 400 1.G i 400 1.6 . Glen Lyon 31dg. i - O.Efice 0 21400 D. G 21400 9.6 Z.ic.ro-Brewery -Orrice 0 31780 15.1 21G34.. 10.5 -Reception/ . Museum 0 480 0.0 480 0.0 -Retail 0 175 .G 885 3.0 -Fermentation/ Brewhouse 0 970 0.0 1,40G 0.0 -Beer Hall 0 11700 18.8* 1,700 18.8* (150 seats) (150 seats-) -3r•ew Pub 0 _ 11380 10,0* 11380 10.0* ' (80 seats) (80-seats) SUBTOTAL, 10,550 42.2 21,435 9G.3 21,435. 94,1 PHASE III East Building -2 Employee i • Units 0 0 0.0 21.695 : 14 , 0 : -1 Dwelling Unit 0 0 0.0 it G30 2.0 -Office 0 .0 0.0 j 21400 9.6 . ' ' SUBTOTAL - 0 0 0.0 31325 15 , 6 TOTAL COMMERCIAL AND RESIDENTIAL SQUARE FOOTAGE AND PARKING. . 21,435 9G.3 ; 24,160 110,.0 *U"ED HIGHEST PARKING REQ. POSSIBLE BASED ON '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"753'-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. t 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. 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, Schuitz. 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 III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 32. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 33. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 34. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 35. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 36. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 37. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 38. Millrace IV, Scenario I, a/k/a. Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 12 10/22/91. 39. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 40. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 41. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 42. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 43. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 44. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11122/88. * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area D, Glen Lyon Commercial Site 1. Area D Master Site Plan, Geodesign by Sherry Dorward, 2/22/90. 2. Landscape Plan for Area D, Geodesign by Sherry Dorward, 2/22/90. 3. Area D 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 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 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 Lyon Duplex Lots Required setbacks shall be governed by Section 18.13.060 Setbacks of the Primary/Secondary zone district of the Town of Vail Municipal Code. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. 18.46.140 Height 14 A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 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 Lyon 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 Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the buildings for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 15 18.46.160 Site Coverage In Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered 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 shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of the area shall be landscaped unless otherwise indicated on the site specific development plans. 18.46.180 Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% of required parking shall be enclosed in a building. If the development table in Section 18.46.103 is amended, the parking requirements shall be amended accordingly. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. 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 16 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 Off-street parking shall be provided in accordance with Chapter 18.52. D. Area D, Glen Lyon Commercial Site 1. Phase I, IA and II shall include 80 surface parking spaces plus 6 valet parking spaces on the east end of the surface parking lot. Phase IA shall include 2 additional required parking spaces for a total of 43 required parking spaces. 2. Phase III shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structure. All required parking for the east building shall be provided on-site per Town of Vail parking requirements per Section 18.52.100 for residential and office use. A minimum of eleven spaces shall be located in the garage of the east building and a maximum of 5 surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in the TDA Colorado Inc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking Analysis Considerations pages 1-B. 4. Valet parking shall be prohibited on the west end of the surface parking lot. 5. The Brew Pub shall not be open to the public until after 4:30 p.m. for Phase I and II Monday through Friday. When Phase III development occurs including the parking structure, the brew pub may operate during the weekdays 17 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 Anal, 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 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 18 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. 1. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 18.46.210 Additional Amenities and 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 a break-away bollard for the emergency access road between Eagle Pointe/Park Meadows, 1472 Matterhorn Circle, and Westhaven Drive. The design of the bollard shall he mutually acceptable to the developer and Town of Vail. This improvement shall be constructed when a building permit is requested for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. The bollard shall be included in the permit plans. The bollard shall be 19 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 Westha.ven Condominiums. The sidewalk shall be part of the building permit plans. 'The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 3. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 4. The conditions for Area A in Sections 18.46.020 B, 18.46.180 A. 1-7, 18.46.200 A - F, I, J, 18.46.210 C, 1-3, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney, for 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 III a. The developer of the Millrace III project understands that the developers of the Waterford and Cornerstone projects located In SDD #4 agreed to fulfill specific obligations set forth in paragraphs 18.46.210 C 7b1 - 4 (Cornerstone) or 80 - 4 (Waterford) hereof In order to repair and reconstruct Westhaven Drive. The Millrace III developer agrees that If these obligations are not fulfilled by the developers of the Cornerstone and Waterford projects at the time a building permit is obtained for Millrace III, 20 the Millrace Ili developer shall fulfill all such obligations in the manner as setforth below: 1. Prior to the time any building permit Is Issued for the Millrace III project and no later than December 31, 1993, the developer shall pay to the Town by cash or cashier's check the sum of $97,500 to be used by the Town for the repair and reconstruction of Westhaven Drive as set forth In more detail in paragraphs 5b2 - 4. 2. Before any Temporary Certificate of Occupancy is issued for the buildings, the Town, at no expense or cost to the Town, will obtain title to Westhaven Drive. After the transfer of title of Westhaven Drive to the Town, the developer shall provide, at Its cost a title Insurance policy in the amount of $50,000 Insuring that the Town has fee title of Westhaven Drive. If the owner of Westhaven Drive is unwilling to voluntarily transfer title of Westhaven Drive to the Town, the Town of Vail shall institute an action in condemnation to obtain title to Westhaven Drive. Should such an action be required, the developer shall pay all costs thereof, including attorneys fees, court costs, appraisal fees, any escrows required prior to taking immediate possession of the property and any award which may finally, be awarded by the Court or by the Committee. The selection of legal counsel and appraisers to represent the Town, should condemnation be necessary, shall be selected by the developer with the approval of the Town. Consent shall not be unreasonably withheld. 3. The Town shall commence the repair and reconstruction of Westhaven Drive and its ongoing maintenance, subsequent to the receipt of the $97,500 provided for in Section 5.a.1. of this title and the satisfactory conveyance of title to Westhaven Drive to the Town of Vail. The date for the commencement of the repair and reconstruction and for its completion shall be entirely at the discretion of the Town. 4. Should the Town not require the entire amount of the $97,500 paid by the developer to the Town for the repair and the reconstruction of Westhaven Drive, the Town will forward any amount remaining after all construction and related costs have been paid in full to the developer who 21 shall refund such amount prorata to the parties originally contributing the $97,500. 6. 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, 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 22 Frontage Road prior to said installation. If CDOH approval cannot be obtained, then a minimum of 10 (6'-10') evergreens shall be installed adjacent to the Westhaven Apartments. f. The developer shall apply for and complete the minor subdivision process for the Cosgriff Parcel and a subdivision plat signed by the Town of Vail shall be recorded on the land records of Eagle County prior to the release, of any building permits for the construction of any structure on the Cosgriff Parcel. g. Landscaping along the south and west property lines of the Cosgriff Parcel shall be reviewed by the Design Review Board to insure a suitable buffer area between it and the other properties along said property lines. h. The Design Review Board shall review the architecture and landscape plan further for compatibility with the surrounding area. i. The developer and the adjacent property owners shall submit a landscape plan for the area north of the Cosgriff property to the Design Review Board for review. j. For purposes of calculating Gross Residential Floor Area permitted on the Cosgriff Parcel, no credits of any kind (overlapping stairs, mechanical, etc.), except for 300 sq. ft. to be allowed for each enclosed parking space, shall be given. 7. Cornerstone a. Before the building permit is released for the project, the developer shall permanently restrict three employee housing units in accordance with Section 18.46.220 of this ordinance. b. 1. Prior to the time any building permit is issued for either the Cornerstone or Waterford projects and no later than December 31, 1993, the developer shall pay to the Town by cash or cashier's check the sum of $97,500 to be used by the Town for the repair and reconstruction of Westhaven Drive as set forth in more detail in paragraph 7 b 2 through 4. 2. Before any Temporary Certificate of Occupancy is issued for the building, the Town, at no expense or cost to the Town, will obtain title to Westhaven Drive. After the transfer of title of Westhaven Drive to the Town, the developer shall provide, at its cost a title insurance policy in the amount of $50,000 insuring that the Town has fee title of Westhaven Drive. If the owner of 23 Westhaven Drive is unwilling to voluntarily transfer title of Westhaven Drive to the Town, the Town of Vail shall institute an action in condemnation to obtain title to Westhaven Drive. Should such an action be required, the developer shall pay all costs thereof, including attorneys fees, court costs, appraisal fees, any escrows required prior to taking immediate possession of the property and any award which may finally be awarded by the Court or by the Committee. The selection of legal counsel and appraisers to represent the Town, should condemnation be necessary, shall be selected by the developer with the approval of the Town. Consent shall not unreasonably withheld. 3. The Town shall commence the repair and reconstruction of Westhaven Drive and its ongoing maintenance, subsequent to the receipt of the $97,500 provided for in Section 7.b.1. of this title and the satisfactory conveyance of title to Westhaven Drive to the Town. The date for the commencement of the repair and reconstruction and for its completion shall be entirely at the discretion of the Town. 4. Should the Town not require the entire amount of the $97,500 paid by the developer to the Town for the repair and the reconstruction of Westhaven Drive, the Town will forward any amount remaining after all construction and related costs have been paid in full to the developer who shall refund such amount prorata to the parties originally contributing the $97,500. 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. 24 d. After the Town of Vail has title to Westhaven Drive, it shall convey title to the developer for the area of Westhaven Drive under which parking is located for the Cornerstone project. The amended minor subdivision plat shall be submitted by the developer before a building permit is released for the Cornerstone site. The developer shall dedicate an access easement to the Town over this portion of Westhaven Drive. e. All fireplaces shall be gas appliances pursuant to Section 8.28 of the Vail Municipal Code. f. Those spaces allocated to commercial areas as short term public parking shall be permanently restricted for the use of the Cornerstone project. All required parking associated with the uses shall not be conveyed, used or leased separately from the uses. Public parking on the Westhaven Drive level of the Cornerstone project shall be made available to the public for short term parking. 8. 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. C. 1. Prior to the time any building permit is issued for either Cornerstone or Waterford projects and no later than December 31, 1993, the developer shall pay to the Town by cash or cashier's check the sum of $97,500 to be used by the Town for the repair and reconstruction of Westhaven Drive as set forth in more detail in paragraph 8 c 2 through 4. 2. Before any Temporary Certificate of Occupancy is issued for the building, the Town, at no expense or cost to the Town, will obtain title to Westhaven Drive. After the transfer of title of Westhaven Drive to the Town, the developer shall provide, at its cost a title insurance policy in the amount of $50,000 insuring that the Town has fee title of Westhaven Drive. If the owner of Westhaven Drive is unwilling to voluntarily transfer title of Westhaven Drive to the Town, the Town of Vail shall institute an action in condemnation to obtain title to 25 Westhaven Drive. Should such an action be required, the developer shall pay all costs thereof, including attorneys fees, court costs, appraisal fees, any escrows required prior to taking immediate possession of the property and any award which may finally be awarded by the Court or by the Committee. The selection of legal counsel and appraisers to represent the Town, should condemnation be necessary, shall be selected by the developer with the approval of the Town. Consent shall not unreasonably withheld. 3. The Town shall commence the repair and reconstruction of Westhaven Drive and its ongoing maintenance, subsequent to the receipt of the $97,500 provided for in paragraph 8 c 1 and the satisfactory conveyance of title to Westhaven Drive to the Town. The date for the commencement of the repair and reconstruction and for its completion shall be entirely at the discretion of the Town. 4. Should the Town not require the entire amount of the $97,500 paid by the developer to the Town for the repair and the reconstruction of Westhaven Drive, the Town will forward any amount remaining after all construction and related costs have been paid in full to the developer who shall refund such amount prorata to the parties originally contributing the $97,500. d. The recreation path shall be relocated as set forth on the development plan and shall be amended on the minor subdivision plat for the Waterford and Cornerstone lots to correspond to the new location. e. The DRB will review the landscaping in the areas of the retaining walls on the west and east ends of the site. The DRB will review the north elevations architectural details. The applicant shall review the possibility of eliminating the skier access on the east end of the project. However, if the applicant can significantly decrease the retaining walls necessary to build the access, the skier access may remain. f. All fireplaces shall be gas logs permitted pursuant to Section 8.28 of the Vail Municipal Code. D. Area D, Glen Lyon Commercial Site. 1. The developer shall agree to construct a bus lane per Town of Vail standards in the area of the porte-cochere of the Micro-brewery in Area D. The 26 specific location for the bus lane shall be mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town of Vail. The bus lane shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. The developer and/or owners of area D shall be responsible for maintaining the new bus lane, including snow removal. If the lane is not maintained properly or snow removal is not adequate, the Town will not provide bus service to the site. 2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan for Area D. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. The bike path easement shall be replatted and approval obtained from the Town Council prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion excluding Phase IA, east office building or parking structure. 3. The developer shall underground the electrical 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 27 remonstrance or protest against the formation of a local improvement district of other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. The developer shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The specific location for the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. 7. The Developer shall) construct a deceleration lane.along South Frontage Road per the CDOH access permit. The developer shall submit plans for the 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 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 28 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. 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 III are presented to the Town of Vail Design Review Board for final approval. 12. The east building including the two employee dwelling units shall be constructed when the parking structure is built to ensure that the employee units 29 are built. 18.46.220 Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 8 employee dwelling units within Area A Westhaven Condominium building, 3 within the Cornerstone Building and 2 within the Waterford Building. Each employee dwelling unit in the Westhaven Condominium Building shall have a minimum square footage of 648 square feet. Each employee unit in the Cornerstone Building shall have. a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. In Area A, the GRFA and number of employee dwelling units shall be restricted as employee dwelling units for 20 years plus the life of Tiffany Christine Lowenthal from the date of final certificate of occupancy for said units 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 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 30 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, a full-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 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. 31 Section 5. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of May, 1993, and a public hearing shall be held on this Ordinance on the 1st day of June, 1993, at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING this day of , '1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk CAORD93.7 32 E:i11IP. IT 3(OELDEL PROPERTY. ' DEVELOr;•1L:1T AREA Vail-Rose:..:. r . f°. 12.37 •'i. • 0 acrd i;A .P.axt of the S11 1/4 14E 1/4 of Scc n 12, South-, llans*e. •01 11est of the 6t11 P.M. , described f r _ as ollOtis , _ Beginning- at a. Point on the liest line of said S11- 1/4 NU 1/4 -from whic!i the Hort•h one-quarter corner ot•. said Section bears nor t!i•OJ15' East 22G9.-1D fact; thence 11or h 00151, East, .along said., tiest;Line, 152.36 feet to a poi:it on the Southeastc=?J right of 'way line of:, U.S...If igh%;ay 11o. G; thence, along said -Southeasterly right o.` way line, as follows: : ' North: 520?7' 'East, 102.31 fact; North 49030''.Eant, 519.571fact: and North 40°13' East,' 549.09 facet, more or 1c,s, to a point- , on the North • line of said 514 1/4 ME 1/4; thence North 08033' East, along the North' line of said S11 1/4 -NE, 36S 'feet, more or less, to a point on the centerline of Gore Crech; thence, along the -.:.centerline 'of Gore Creek, as follows: " South .3G649 1-lest, 101.04 feet; • ' South 10021 lle,t, 51.00 feet; Soutll'.103.1' Vies-, 205.02 feet; South 12010' 1-lest, 110.25 zeal; and South 20041' 11est, 2.12.35 fact, thence. Sbb'th 75015' ;`:West, 10G4:10 fact to.the point of beginning; • •'Ttose Parcel -11. ' 3.190 . acrcr A 'tract of land situated in tht S1of Section 12, 1:.TP 5 S . R-. 01;. int of • the 6th P.M. , I% i ng Sou thc_?y of that certain '-tract of..land'desc=ibed'in Book 19P,,•11aae 197, 1:oriherly and llesterly of'the center line of Core 11Creelt, and lying llor herly' and' Easter'ly::those certain tracts described in Book 211 at Pagc IO Boot: 211 at' Pagc 100 and Dook 215 aLS Page 365, descii1cd as • ' .f o 1'l oil s t Deginnino at a point on the Nor:.h-Sout:~ center line of said .Section. 12 -whence the North quarto: come= of said Section . 12 bears 21. 00015' E. 2269.40 feet; II thence td. 75015.' E. 346.26 feel- to the true point'of beginning, said poinL being on the South line of that tract described in Doo)::;1.99;,.'Pagc - l97 and. which bears S. 00026' E.. 2205.31 feet from the Morth quarter corner of said Section 12; • thence- N 75015' E. ?17.04 fact along the Southerly • ' line of that tract described in Book 199, Page 197 to the center. • ..thence S. .20041' 1.1. 130.61 feet along the ccnter line of saicT Creek; . thence S. 05024130" E. 104.50 feet along the center • line of. raid :Creckl" thence S. X49°29' 1195-50 feet along the ecnd line • -of- said, Creck • tlience*•S. 220,34' 11. 124.47 feet along the center lin'c thence S. 5.4000'.1-1. 119.34 fact-along the center line, of said'Creekl i.to. the- Southeast cor.ner of that certain tract of . land..ddscribed,. in, Book 211, Page 1001 ' thence •N."3 3°1G'30" lei. •140.12 feet along the Easterly- line ot•,tlta:t .tra~.t described in Book 211 at page 100; ' .theric'.c:P1.57042'30" W.' 169:D0 ' feet along the ~::~Nor:hcastcrly„linc`:of that tract' described -in.D°ok 211 at page .100; tlticnce..,N•:•.BG0021•301''1.1, '1G-2.921feet along the Northerly :r, line o f . those tracts' dc,cribcd in Book 211-at Page 100 Look 211 ' at Pagc ~10G to"a' point; "'thence N'. '32057130" 1.1: "16.00 fact along the Northeasterly line of that tract described in Book 215 at Page . 3G5, to the point of beginning% 33 . Co::TI::UL• D AND All that part.of the SI•/U4E 'of -Scction 12, lying Southcrl j of the center of Core Cr'cek as lsl:own' on 'the plst`on='fil'c in'* the' =•'t' office or the Sags County Clerk' anal Recorder"sar Document No'.' 97.19, described a as follows l . Beginning at the Northeast corner of said S114t1Tr, thence South E 0033' WOst 131,67 feet to a point ini the` center 'of' said Crack: ; • . thence South 400t)9' llest 9.1.04 feet along the cuter of said crank; thence South 10031' best 54.013 feet along the canter of said cra.ek' thence South 101.1', Ilcst 205.02 feet along the center of said Creel'. 1. thence South 1210' least 110.25 feet along the center o! said C^ee1:; theme South 200.11' 1lest.320 00 feet; . . . , thence South 502•I'30" East•,'•.170.00 feet 'along't}ic'.ce' tcr•of said crccl:; thence South 27000'02" West D5.24 feet along the center of said creak; thence South 54000' %last 259.34 feet along the centcr of said creek; . - • . ..thence South 65034' Wast 109.G2 fee't`along-the center of said, crack; thence South 6900.1' .l•last 106..13 feet alono'the center of said creek; .thence Sout:'I •:05°35' . 1jest,60. Be feet..along the: centcr of said creek; thence tlorth- 7 7036' West 2G.96 fact alone the center 'o-L' said c=e • thence North 50032' 1.2cs-Z 199.19 feet along the caner of safe' c:ee).; thence t•ior h 30010' West 239.09 feet alono -the ,center of said creek; thence Soutz 76035+ l•lest 09.91 feet alo'na the ce'n'ter of said c=aet; to a point.on the Westerly line of 'said SWPNE;; thence South 0015' 1-lest 4G1.90 f:ccL• tolthc'centcr•'of said Section 12; thence North 09.02' East- 13U2. G5 feet along the. !;outhcrly line .of said to the Sou-.1,cz'st corner of: said: S1.71;f•1L:; theme Worth O00G' Last 136.1.32 fact alorn..tl c' L•astcr1y line o! said sw%ur-: to. the Northeast corner ol~ said S1i'ir:E,, . the point of - beginning, AVD • The Nh;SE~ of Section 12, Township 5 South, Range 01 West of: the; 6th P.M. A14 D + Al). that par*t' of the Srt.IQiJI:' of Section 12 Township, 5 South, Mange s E1 b'est' of the Gth P.M., lying southerly of.,:the'`southerly r.ight of way line of U.S. Iliglt::ay No. G, as shown on -the'•'plat on filc.in the office of the Eagle County Clerl: and Recorder 'as Document No. 974D9r described as`follows: ' Beginning at the southeast corner of said 5E~111,t;; thuncc South 09002' 1IcsL• 03G.95 feet along;.the..Southcrly line of said SE4N1•l4 to a point- on the Southerly right' of way line of said highway; thence North 52035' East 1057.07 fact 'along the.-Southerly right. of way line of said highway to a point on the Easterly line of said - thence South 0015' West 6213.21 feet along-the Easterly line of said SEs;NwP, to the Southeast corner of said '5E{.,Ml~r,'.'thc point of bcginningl . E};CEPT. THE c OLLOVING : , 'that pert described in nook 100 nt page 5.15'; y • that part described in nook. 191 gat page 241; 7 that part described in Book 203 at page 231; 34 ' CON:INUED ~.'thzt part described in"Boo); 203 at page 531; thzit certain island adjacent L • to the above-clesc,rzbed propertl, and . !r'•'lo'eated, in.tlie-Middlc•.oi: ;Core Crc_1:, .which..tha parties intend . :'to"exclude frcm thist transaction;' County of raq).e "'State of Colorado. -4 Z ALSO, 711E. FOLL0:11i;G PARCEL FOP. 1E.111Y. M01.4~1 AS Tl:c."CO~G;1Fi•' PA1:C~L"' ' : • ~A tract;-•.or land situated in the SW 1/4 NI: 114 of.. . „ 1••Se,ct.ion 12, Township 5 South, rianS_ 81 'West of t.lic 6tli Principal 1.1cridian, 11'inF Northwesterly .?.the -,center, 1•ine of Core Creel; describe" as ~101 --s Ac inn'inc -.at a poin,...vhcnce, the North Quarter ••~'~f= ..Coz•.nar:,:of :said Section 12 bears V. • • 4-.~ 3 • =1 :2292•.7:2 •teet; thence S WOV30"L M E. 1 ° 69,50 ' feet; thence S .5442'30" L iG.q 66 feet;. thenc:• 4. • ; 5 , ~•'t G•. L. 1.0,12 fcct'to ::•poin ~a in t h e e•cnter of., said, creek; thence S. 65`•34' W. .109..62 fe'et•'al•ong the center line of said creak; th=ne:• 5=: :'C1.78'fect along the ern o{ ter line sc:id•:ercck; thence 1:, 23'•12'30" W. '317 5L feat to tl~c point of beEinning, eontaininE 1.05 acre;, lnor'd o; less. , /-.LSU DESC7.1 TIZD • beDinnir.r n: n pt;in~ %J;,~r,c~ t:,c jioYth Qu:!rtc of Sa: d 5L C-t1 oh beaT r N 1 1' 03' Corner feat; tl,e*;ce S. 85°43'14"•E. •84.69 -fee.t; %F, thence S. 57' 25'30" L. 165.46 feet; t:"ence S. 141 .47 fect•to a point in the "center of Said creek; thence S. 65`31'36" 1,' : f. 7 feet slong. the center 11na of said crec',.; thet~cc'S. .9101'3G" 14. 103:02 feet along tlic tent0 3-5ne of--rai6 creek; thence It - 23'21'09" 'f ec t to the poi nt of beFinnin. r. • A 7'OCLT1tLi:':11',1T1.1 an err.6mant nF described An, T~ocument • , u:..`"`•. : nu^ti~t •5, 1960 1n' Book 306 .at'•Pa, : rrc0Tdtd . Fe. 443 ' _ anal tc.corde,d i:, 311(,1, 307 bt PLgc 46 -of- the: County ;records. /ALSO including all v!atcr and well :ithts s nppurtenant to the` rbove described property ' includ'nc ticithous licitation, Vc31 Permit' o. :ater• TiEhts decreed in Civil hc:lon lto. 2375 in raCl a County District Court,. and ' s13 that porno;, of %.atcr 'riEhtz 6vcrccd'in Ca110 .,.1 O CW 410, Water Diviifot 130. 5, • • (GorE. 1(0: 1 11(21 - 0.05 cttt) 35 ' i 'i lieeJe Pazccl 1.2G0.ac • res . county of ragle and State,of"Colorado, to wit: -A tract' of land situates] ir1 the S14y14r1 of Section •12, Townsthlp South, natlca'S1 Wast of L•11c 6t11 Prilicipal Meridian, described as follows: uegillning at. 0 point: on: tlle• Ilorth-South center line of .said Sec Lion 12 whence L•he North. Section 12 bears Nor~Lh. 00 legs. ,15 mi.ns. Quarter Cornet of said. East 2269.40 fact: thence, , 110zth 75 dean. 15 mins• East 3-16.2i'Llicnce fees:' thence south 32 degs. 57 minx. 30 secs, East 76.00 South•'11' dc' s. •00. mins. 30 rocs. West 279,99 fact, to•a TOVIt. III -Lhc'cente'r"of-Gore''•Cre_.:,• thence North 50 dogs. 32 lnins. West 111.31 feet along. the cent--::! line of said creek: thence 11orth 30 dens. 40 minx. We' st 239.010 feet . along the center line of sai6• creek; thence•Sout1I:,,7G,•;degs 35 mins. We st 09. feet along .the center line 'ot said::creek•:•to 'a 1 Point on '_he North-South center:,line of: said' Sec'tion••:12'; thence t Nor~h 00 dogs. 15 rains. La~~ 13.95 feet along 'th'e . 11or:h=Sour)1 ' eeiiter line of said Section 12 to the point' of beginning.- Total , • 1G 020 ac; es. GMIE CRZM%* ASSOCIATES PROPERTY' Dzv:-LO>,MENT ARZAS 13, C L D ' ©0.•700 acres ' Legal Desc_ _otion : • All that p. rt of Section 12, Toi.;nship 5 South, Rance 01 lies t. of the Gth P.:1. , described as follo': ' All that' part of the 14111. E': of Section 12, lying •Soutl-serl•y of the Southerly righL•-of-way line of U.S. Aligh:aay • 11o.'•, G and 'Northerl•: of the Southerly line of said WINE'; , as shown on --the plat on-11 le, ill the Office of the Eagle County' Clex): • and Recorder as 'Documen.t No. • 97409, described as follows. I Lecinning at the highway zurve'y.monument at the intersection of the Southerly line of said highway and the Easterly line-of-.raid ll;ilE:, whence the Northeast corner of'said Section'l2;bears_'North 0003' iaest 1334.705 feet: i thence South 7302G'30" West 1112.13 feet along the Southerly right* ' oC way line of said highway; thence South 70034' West 125.10 feet along the Southerly right'of•:•:,~• way line of said highways' tl)cnce Sough G9025' Y1est 100.00 feet along the Southerly, right of•,. way ..line. of said 11ig1iwny; , t r thence South••65050' ricst 100.00 feet mlong, the `Southerly. line .of ' s aid highways . • thence South 620151 West 100.00 feat along the Southerly' right.of: ,way line of said highway; thence South 500401 West 100.00 feet along' the Southerly right of way 1-:no of raid highway; , , thenca South 55005' West 100.00 feet along the Southerly ilght 'of'.- way line of said highway; thence South 51032' Viest 100.00 feet along the Southerly. 'right Of..-.) ; . ' Way 11ne of said highway; thence South 47057' West 232.50 feet along the Southerly:iighL;-of way ina, of raid highway to a point on the Southerly' 1•ine''of:`raid • thence North 00033' East 497. G7 feet along •the• southerly line of raid WINE'% to the center of the •NV4 of raid'•Sectiori'121 thence llorth GG033' East 1379,35 feet along th•e•'Southdrly:•11ric said 11 iNE, to the Southeast 'corner of said N NE;; thence North 0°031 West 760.951 Feet along the''Easterly::line of said 141y1•sE: to its intersection with the southerly' line 0f• said ' high.way, the point,of beginnin• . 36 ~J COP1 ~S 6 j,~93 tied ORDINANCE NO. 14 SERIES OF 1993 AN ORDINANCE AMENDING SECTION 16.24.010(G) OF THE VAIL MUNICIPAL CODE, SETTING FORTH PROVISIONS RELATING TO SIGNS DISPLAYED ON BALLOONS WHICH ARE ASSOCIATED WITH A SPECIAL EVENT WITHIN THE TOWN OF VAIL. WHEREAS, Town Council wishes to provide for signs to be displayed on both hot air and cold air balloons and other types of balloons within the Town of Vail subject to certain conditions. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 16.24.010(G) is hereby amended to read as follows: Section 16.24.010(G) Signs displayed on balloons which are associated with a special event as that term is defined in Section 5.20.100(B) of the Municipal Code of the Town of Vail pursuant to the following conditions: 1. The special event with which the balloon is associated has obtained a Special Events License from the Town as provided for in Section 5.20.100 of the Municipal Code of the Town of Vail. 2. Any individual business partnership or corporation wishing to display signs on a balloon shall file an application with the Town Clerk on a form to be provided by the Town Clerk. Each sponsor shall be entitled to have no more than one (1) balloon for each special event. 3. There shall be not more than three (3) balloons for any special event. 4. Cold air balloons shall not exceed twenty feet (20') in height as measured from existing grade to the top of the balloon. 5. No balloons shall be permitted to be inflated within the Town until evidence is given to the Town in the form of an aircraft liability insurance policy or certificate of insurance evidencing that the applicant has obtained aircraft liability insurance for the balloon covering bodily injury or death and property damage in an amount of not less than $1,000,000.00 (one million dollars). All such policies shall name the Town of Vail, its officers, and employees as additional insureds. 6. Balloons shall not be tethered or attached to the roofs of buildings with the exception of the Lionshead Parking Structure and the Vail Parking Structure. 7. Balloons shall be displayed only during the length of the special event with which the balloon is associated or for seven (7) days, whichever time period is less. 8. The applicant shall designate the specific location at which he or she desires to display the balloon and that location shall be subject to the approval of the Director of the Community Development Department or his designee. 9. The applicant, his agent or employee shall be present at all times when the balloon is inflated to make sure that appropriate safety measures for the protection of the public are taken. 10. 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 1 * A 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. 11. 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. 12. 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. 13. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of May, 1993, and a public hearing shall be held on this Ordinance on the 1st day of June, 1993, at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk CAORD93.14 2 ORDINANCE NO. 12 SERIES OF 1993 AN ORDINANCE AMENDING ORDINANCE NO. 31, SERIES OF 19921 TO REDUCE THE INTEREST RATE TO BE PAID ON INSTALLMENTS OF SPECIAL ASSESSMENTS AGAINST AFFECTED PROPERTIES WITHIN THE BOOTH CREEK LOCAL IMPROVEMENT DISTRICT. WHEREAS, the Town Council of the Town of Vail (the "Town") has heretofore by Ordinance No. 13, Series 1989, authorized and ordered the construction and installation of improvements therein described (the "Improvements") for the Town of Vail, Colorado, Booth Creek Local Improvement District (the "District"), and determined to levy special assessments against the affected properties in the District specially benefitted by the Improvements, according to the method and within the limitations therein described; and WHEREAS, the Town Council has heretofore by Ordinance No. 31, Series 1992 levied the special assessments against the affected parcels in the District especially benefitted by the Improvements; and WHEREAS, the Town Council has heretofore issued special assessment refunding bonds designated Town of Vail, Colorado, Booth Creek Local Improvement District, Local Improvement Refunding Bonds, Series 1993 in order to reduce the total interest payable on special assessment installments against affected parcels in the District; BE IT ORDAINED BY THE TOWN COUNCIL, THE TOWN OF VAIL, COLORADO; 1. Section 12 of Ordinance No. 31, Series 1992, is hereby amended to read as follows: Assessments not paid on or before January 18, 1993, shall be payable in ten substantially equal installments of principal, payable March 1, 1993, and annually on March 1 of each year thereafter until and including March 1, 2002, with interest on the unpaid principal amount at the rate of nine and one-half percent (9.5%) per annum through April 1, 1993 and commencing April 2, 1993 with interest on the unpaid principal amount at the rate of seven and three-quarters percent (7.75%) per annum, payable on each 1 principal payment date. 2. The officers of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. 3. All action heretofore taken by the Town and by the officers thereof not inconsistent herewith directed toward the levying of special assessments against parcels within the District specially benefitted by the construction and installation of the improvements therein is hereby ratified, approved and confirmed. 4. All acts, orders, ordinances, resolutions, or parts thereof, of the Town in conflict with the Ordinance are hereby repealed, except that this repealer shall not be construed so as to revive any act, order, ordinance, resolution, or part thereof, heretofore repealed. 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 6. 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. 7. 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. 2 8. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this _ day of , 1993, and a public hearing shall be held on this Ordinance on the _ day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk CAORD93.12 3 RESOLUTION NO. 6 SERIES OF 1993 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN AN INTERGOVERNMENTAL AGREEMENT FOR A REGIONAL PLANNING COMMISSION FOR THE PURPOSE OF TRANSPORTATION PLANNING. WHEREAS, the Town Council of the Town of Vail has authority pursuant to Article XIV, Section 18 of the Colorado Constitution and C.R.S. 29-1-201, et seg. to enter in agreement with over governmental units; and WHEREAS, the Intermountain Transportation Planning Region has been formed as a Regional Planning Commission made up of cities, towns, and counties from the Counties of Summit, Lake, Eagle, Pitkin, and Garfield; and WHEREAS, the purpose of entering into an intergovernmental agreement with governmental entities residing within the counties making up the Intermountain 'Transportation Planning Region is to identify the mobility needs of the region and to prepare a plan for addressing its transportation needs; and WHEREAS, C.R.S. 43-1-1103 requires that any regional planning commission formed for the purpose of transportation planning is responsible for transportation planning their region; and WHEREAS, the Town Council of the Town of Vail acknowledges that regional transportation planning is an area of critical importance which will require cooperation amongst the governmental entities within this transportation planning region; and WHEREAS, in order to achieve a goal of preparing a regional transportation plan based upon the mobility needs of this region, it is necessary to enter into an intergovernmental agreement to comply with all statutory requirements. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Manager is empowered to do all things necessary and proper, subject to the Town Council's, Town Attorney's, and staff's review of the agreement, a copy which is attached as Exhibit A and made a part hereof to certify participation in the Intergovernmental Agreement for the Intermountain Transportation Regional Planning Commission for the purpose of identifying the mobility needs of the Intermountain Transportation Planning Region and to prepare a plan for addressing those needs. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1st day of June, 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk CARESOLU93.6 EXHIBIT A E X A M P L E CERTIFICATION OF PARTICIPATION in AN INTERGOVERNMENTAL AGREEMENT FOR THE INTERMOUNTAIN TRANSPORTATION PLANNING COMMISSION THIS is to certify that has agreed to participate in an Intergovernmental Agreement for the Intermountain Transportation Planning Commission as detailed in the attached Exhibit "A". is designating as their representative to the Commission. IN WITNESS WHEREOF, have executed this Agreement, Exhibit "A", on the day first written above as evidenced by the attached certification. COUNTY OR CITY NAME By: ATTEST: Exhibit "A" AN INTERGOVERNMENTAL AGREEMENT FOR THE INTERMOUNTAIN TRANSPORTATION PLANNING COMMISSION THIS AGREEMENT, made this day of , 1993 by and among the following: 1. Eagle County 2. Garfield County 3. Lake County 4. Pitkin County 5. Summit County 6. Town of Avon 7. Town of Basalt 8. Town of Eagle 9. Town of Gypsum 10. Town of Minturn 11. Town of Red Cliff. 12. Town of Vail 13. Town of Carbondale 14. City of Glenwood Springs 15. Town of New Castle 16. Town of Parachute 17. City of Rifle 18. Town of Silt 19. City of Leadville 10. City of Aspen 11. Town of Snowmass Village 12. Town of Blue River 13. Town of Breckenridge 14. Town of Dillon 15. Town of Frisco 16. Town of Silvertrorne 17. Town of Montezuma WHEREAS, the parties to this Agreement which are political subdivisions of the State of Colorado have the authority pursuant to Article XIV, section 18 of the Colorado Constitution and Section 29-1-201 et. seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually, and; WHEREAS, the Rules and Regulations for the Statewide Transportation Planning Process and Transportation Planning Regions, Section IV., Transportation Planning Regions, Item F., specify that the long-range transportation plans for shall be integrated and consolidated into the Regional Transportation Plan for the Intermountain Transportation Planning Region, and; WHEREAS, Section 43-1-1101 C.R.S. recognizes Regional Planning Commissions as the proper forum for transportation planning, and; -1- :Xr WHEREAS, Section 43-1-1102(5) C.R.S. requires that Regional Planning Commissions formed for the purpose of transportation planning must be formed pursuant to Section 30-28-105 C.R.S., and; WHEREAS, the parties to this Agreement desire to cooperate with the Colorado Department of Transportation in the transportation planning activities to determine the mobility needs of the Intermountain Transportation Planning Region, and incorporate the needs and recommendations of the Intermountain Transportation Planning Region into the Statewide Transportation Plan, and; WHEREAS, the Intermountain Transportation Planning Region consisting of the areas within the counties of Eagle, Garfield, Lake, Pitkin, and Summit was designated in the Rules for the Statewide Transportation Planning process as adopted by the Transportation Commission of Colorado and e'iective October 30, 1992, and; WHEREAS, the parties to this Agreement,.are governing bodies or officials having charge of public improvements within their jurisdictions in the Intermountain Transportation Planning Region, and; WHEREAS, pursuant to Section IV-B of the Rules, the parties to this Agreement represent units of general purpose local governments representing at least 75% of the population and 50% of the land area of the Intermountain Transportation Planning Region. NOW, THEREFORE,.the parties hereby mutually agree as follows: 1. Designation of Regional Transportation Planning Commission. The parties to this Agreement shall have one representative each on the Regional Transportation Planning Commission for the Intermountain Transportation Planning Region. 2. Responsibilities of the Regional Transportation Planning Commission. The Regional ':fansportation Planning Commission shall be responsible for reviewing the progress and product of the Colorado Department of Transportation or their designee related to transportation planning and analysis activities to incorporate the needs and recommendations of the Intermountain Transportation Planning Region, suggesting updates and amendments as necessary to the State Transportation Plan pursuant to all applicable federal and state laws and rules or regulations including public participation provisions, selecting a representative to the Transportation Advisory Committee, and participating in the State Transportation Improvement Program development process. 3. Contracting. The Regional Planning Commission may, with the consent of the parties to t:-;s Agreement, contract the services of other eligible individuals or entities to carry out all or any portions of the responsibities assumed by the Regional Transportation Planning Commission under this Agreement. -2- Fi~. 4. Distribution of state or federal funds. The Regional Transportation Planning Commission may, through contracts or Memoranda of Agreement, receive and expend state or federal funds designated for regional transportation planning. 5. Term of Agreement. This Agreement shall remain in full force and effect for so long as the parties to this Agreement consider necessary to review completion by the Colorado Department of Transportation of a Regional Transportation Plan for the Intermountain Transportation Planning Region or for periodic updates or amendments as may be required. Any party to this Agreement may, however, terminate its participation in this Agreement six months after providing written notice of such termination to the other parties of this Agreement. This Agreement may be terminated at any time by agreement of all parties to this Agreement unless a grant contract is in effect with .the State. In this case, the State must approve such termination and arrangements for completing the project. 6. Modifications and Changes. The terms o~ ---iiis Agreement may be modified at any time by Agreement of all p:Arzles to this Agreement. IN WITNESS WHEREOF, the parties hereto have -=xecuted this Agreement, Exhibit "A", on the day first written above us evidenced, by the attached certification designating the loca~ jurisdiction's representative to the Intermountain Transportation Planning Commission and zertified by the appropriate authorizet official. -3- MEMORANDUM TO: Town Council FROM: Art in Public Places DATE: June 1, 1993 SUBJECT: Acquisition and siting of "Terre Haute" by Bryan Hunt f 1. Prolect Description and AIPP Decision On May 12, 1993, the Art in Public Places (AIPP) board voted unanimously, 9-0, to accept "Terre Haute" by Bryan Hunt to be given to the Town by a private benefactor. After reviewing many sites for this piece, the AIPP board voted unanimously, 9-0, to locate it at the proposed new pocket park, Mayors' Park, on the northwest corner of Vail Road and West Meadow Drive. The board felt that this piece deserved a high profile location to insure high visibility of the piece. "Terre Haute" is a bronze piece which is 12 feet 4 inches high by 5 feet 6 inches by 3 feet wide. Attached please find a copy of the AIPP Criteria used to review pieces being donated to the Town of Vail. ' In siting this piece, the AIPP board discussed a number of issues. The first thing discussed was the appropriate area for this piece. Due to the high concentration of art work in Lionshead, the board felt that locations outside of this core area should be considered. It was their feeling that locating art along West Meadow Drive would reinforce the connection between the Village and Lionshead. (To further this idea, "Kaikoo III" was relocated to the green area west of the Library.) The second issue discussed was the prominence of the piece and an appropriate location. Initially, the site west of the Library where "Kaikoo III" is now located, was discussed. It was felt that this area would be more appropriate for "Kaikoo III". The board felt that it was important to also put "Terre Haute" in a high visibility location, particularly a site which would allow pedestrians to view the piece closely. The third item discussed was the importance of locating a piece in the Mayors' Park. The board felt that should a piece be placed in the park at the time of installation and dedication of the park, that this piece would become an identified element of the park versus an installation done at a later date. Also, by installing it during the time of construction, it creates an opportunity to install the piece at a much lower cost and much less inconvenience. An area in the park has been planned to accommodate the art work. The siting of this piece as well as the development of an artwalk is reinforced in the Streetscape Master Plan. This specific site is listed as an art work location as well as a number of other sites along West Meadow Drive. It is an intent of the Streetscape Master Plan to create an art walk or sculpture garden in this area. With the installation of this piece, the intent and goals of the Streetscape Master Plan are furthered. 1 The AIPP board is very enthusiastic about this piece because of its high quality and beauty. During the review of this piece, it was discussed that their idea would be to locate the artwork and incorporate it within the Performing Arts Center should this facility be built. It would be their desire to perhaps install this piece in the interior of the facility. However, the AIPP board felt it necessary to specify a location for the piece in the interim. The board felt that the proposed location was the best location for the piece. When reviewing sites for installation, the AIPP board considers visibility of the site to be very important. In locating this and other pieces, the AIPP board attempts to place the pieces in areas where there is a lot of traffic as well as a permanent business or public facility adjacent to it. This effort is made in order to try to avoid malicious vandalism. With high levels of traffic, the possibility of vandalism is decreased. The board believes the Mayors' Park location for "Terre Haute" addresses the vandalism concern. "Terre Haute" is a fairly low maintenance piece. Over time, bronze pieces develop a patina due to weather. While this is something that the artist encourages after a number of years, it may be desirable to refinish the piece. In addition to the gift of the piece, the benefactor has committed funds to the installation of the piece. II. Background on Council Decision Making Process for the AIPP The Council's role in the process per the AIPP Guidelines is to insure that the AIPP has utilized the procedures and criteria outlined in the guidelines. When the program was started, it was deemed important to avoid putting the Council in the position of making aesthetic judgements concerning public art. Instead, it was recognized that the Council could manage this program responsibly by adopting guidelines which addressed aesthetics, safety, maintenance, siting, etc. so that the public interest would be upheld in the process. In addition, a ten member board was established to review or initiate public art projects. The board includes one representative from the Town Council, Tom Steinberg; PEC, Kathy Langenwalter; and DRB, Sally Brainerd. In addition, seven at-large members, serve who have a strong interest in the arts for the Vail community: Alice Cartwright, Jim Cotter, Lolita Higbie, Erich Hill, Laura Nash, Ken Robins, and Karen Smith. The Council's role per the guidelines is to determine whether or not these procedures and criteria have been followed. 2 Introduction Carter Ratcliff Even when they are small, Bryan Hunt's the immediate post-war generation are also sculptures are large-I mean, possessed of crucially important: thus, Bryan Hunt's re- large scale. We sometimes obscure our vision sponse, especially clear in his drawings, to the of sculpture by using the works "size" and craggy, looming forms of Clyfford Still. Am- "scale" as if they were interchangeable, which bitious sculpture has reach. Large scale is a they are not. Size is a simple matter. We kind of gesture, so all the impulses of the New measure it off with a yardstick. Scale is not so York School's gestural wing are valuable for simple, for it is as much a question of feeling Hunt-de Kooning and Pollock as well as Still. as of fact. Scale must be interpreted. We read At issue is not the continuation of a it off, intuitively, from the relationship of a style, rather a young artist's decision to claim sculpture's parts to its overall shape. When a the richest portion of his heritage. Focusing work seems to contain its parts too neatly, too on stylistic nuance, one could say that the predictably, it turns in on itself and looks surfaces of Hunt's bronzes reflect as much of small-scale. This is usually failure, though the 19th-century Paris-Rodin, the extravagant later Giacometti made small scale dramatic side of Carpeaux-as of 20th-century New with forms that appeared to shrivel, even York. But large scale reaches beyond consider- disappear, as the eye worked out ratios of part ations of style. Hunt's sculpture creates then to whole. occupies a new region in the characteristically The Minimalists tried to- make a virtue of American space we first began to glimpse literal scale-scale that is neither large nor in the paintings of Still and the others- small. Their sculpture labored toward the point including the meditative New Yorkers, Newman where "size" and "scale" are in fact synonyms. and Rothko. As Hunt's forms gesture, they Bryan Hunt, by contrast, shows us works whose usher themselves into the New York School parts seem to reach beyond themselves into light. surrounding space. The bronze portion of his Hunt's balsa and silk-paper airships- Reclining figure (1982) is under thirty inches which are contemporary with both his early in height, yet it is monumental in its energies. works and his bronzes-indicate a shift in This form has large scale-or "presence," to realization of gesture. This shift requires a use that favorite term of the New York School's metaphorical leap, the trajectory of which Hunt first generation-a quality that carries over to has rendered clearer and clearer over the last the limestone base of the piece. Hunt's few seasons. The airships-so self-contained, squared-away stone takes on the look of an so elegantly off-hand about the challenges of architectural fragment, topped by a massive, monument and monolith-seem almost to be figurative impulse. the work of another artist. Yet I think one can Minimalism made a point of resisting the see gesture here too, or perhaps imagine it as pressures of feeling and interpretation. The a series of precise and delicate motions that style is only fitfully with us these days, though lofted the airships to their mooring places near its authority still weighs on American artists- the ceiling. The waterfalls swoop and splash, sculptors more than painters. For a sculptor translating natural forces into sculptural mo- who rejects the imperatives of literalism, who tion. Hunt has channeled the energies of his wants to let scale come alive, the painters of bronzes into forms that evoke the long history of the human monolith. Gestures he saw in Touch is more sparing here than usual, though ' nature have been returned to the body, which is no less decisive. their original source. Yet the riffled surfaces of In Corridor (1983), a wall relief, hand- the waterfalls persist. Charioteer and Amphora worked surfaces give way completely to those and other pieces from 1982 are figurative, but of industrial steel and white plaster. Figurative not in any settled, reassuring way. And with initiatives veer toward architecture, as the their torsion, their feats of balance, the power natural environment suggested by Hunt's of their surfaces to stir up cascades of light, waterfalls and the earlier lakes turns urban. these bronzes are not, after all, monolithic. Yet the light and space around Corridor are Each shows the figure as the site of a struggle familiar. They surround all of Hunt's recent between inward integrity and the attraction, works. Corridor has the same, large-scale the dissolving allure, of the environment. From reach as Charioteer. There is a difference, endless, minute reconciliations of the tensions however. The all-bronze pieces have gesture that put self and world at odds, Hunt builds built in. Corridor's major gestures are the ones monumental presences. with which the sculptor disposed the elements Gesture is very powerful in Hunt's new of the piece; like the airships, it offers us the bronzes. Most reveal exactly where and how his results of gestures of placement. With Corridor, hand moved-pouring, scraping, gouging. such implied gestures take on the monumen- Hunt's art has always invited us to intuit the tality we see in the immediately expressive pressure of touch. The slimmest elements of gestures of Hunt's cast bronze sculptures. Hunt I~ Reclining Linear (1982) were cast from pre- seems to be on the verge of teaching the elements formed rods, which required only to be bent. of architecture to take on a human presence. i i ~e' el R ~ Y 1 7^ ?p _ terre haute, 1982 cast bronze 150x60x39" ..J « - ~a rtT ISO j.a r "x1"'9 t 9- f 1. t C tt'"tt~.J` t~ . ~ _ s zr ,t +c,~,, e 7 R } } }~~y ~,~"-..a: 'app .ir w' ~,y x ~.e•-< s• L.5 vx.+7t,,,~ , =~'}3~{ 'a"~~,'~r, ~'~+3~ y,'L.•xo-_~ ~ r y''~_- Via, : '-v ~ l+. ~ ~ X~ mod. 2 r _ F. t "b+ hM~ ~ eS S y Z. 1 x K~ ix. u„ i..,.,., r.,ne..r w) rroe„o Ctroot Now Ynrk 19Rl K if ~f F yJ/ 1 r 1~ 4 t Portrait Photo by Jean Pagliuso Blum Heiman Gallery Inc. 20 Vest 57 Street NewYork, NY 10019 Tel. (212) 245-2888 BlumHelman BRYAN HUNT 1947 Born: Terre Haute, Indiana EDUCATION 1969-71 B.F.A. Otis Art Institute of Los Angeles 1972 Whitney Museum of American Art, Independent Study Program AWARDS 1990 International Seoul Art Festival-National Museum of Contemporary Art - Grand Prize ONE-PERSON EXHIBITIONS 1974 The Institute for Art and Urban Resources, The Clocktower, New York, New York. C.B. Hunt:Recent Works Jack Glenn Gallery, Corona del Mar, California. Bryan Hunt 1975 Palais des Beaux-Arts, Bruxelles, Belgium. C. Bran Hunt: 'Empire StatelGraf,' 'Phobos,' 'Universal joint 1976 Daniel Weinberg Gallery, San Francisco, California. Bryan Hunt: Sculpture 1977 Blum Helman Gallery, New York, New York. Bryan Hunt: Sculpture 1978 Blum Helman Gallery, New York, New York. Bryan Hunt: New Sculpture and Drawings Greenberg Gallery, St. Louis, Missouri. Brian Hunt: Sculpture Daniel Weinberg Gallery, San Francisco, California. Bryan Hunt: Sculpture and Drawings BRYAN HUNT 2 ONE PERSON EXHIBITIONS (cont'd) 1979 Bernard Jacobson, Ltd., London, England. Bryan Hunt: Lakes •Waterfalls *Airships Blum Helman Gallery, New York, New York. Bryan Hunt: Recent Sculpture Blum Helman Gallery, New York, New York. Drawings Galerie Bischofberger, Zurich, Switzerland. Bryan Hunt: Neue Werke 1980 Margo Leavin Gallery, Los Angeles, California. Bryan Hunt 1981 Akron Art Institute, Akron, Ohio. Bryan Hunt: Sculpture & Drawings Blum Helman Gallery, New York, New York. Bryan Hunt Galerie Fans Strelow, Dusseldorf, Germany. Skulpturen and Zeichnungen 1982 Daniel Weinberg Gallery, San Francisco, California. Bryan Hunt: Sculpture & Drawings Bernier Gallery, Athens, Greece. Drawings 1983 Blum Helman Gallery, New York (20 West 57th Street and 112 Greene Street.) Bryan Hunt Margo Leavin Gallery, Los Angeles, California. Bryan Hunt: Recent Sculpture Los Angeles County Museum of Art, Los Angeles, California. Gallery Six: Bryan Hunt Amerika Haus, Berlin, Germany. New Masters: Bryan Hunt The University Art Museum, California State University, Long Beach, California. Bryan Hunt: A Decade of Drawings 1984 John C. Stoller & Co., Minneapolis, Minnesota. Bryan Hunt 1985 Knoedler, Zurich, Switzerland. Bryan Hunt: Skulpturen and Zeichnungen Blum Helman Gallery, New York, New York. Bryan Hunt: Recent Sculpture, Including the Barcelona Series BRYAN HUNT 3 ONE PERSON EXHIBITIONS (cont'd) 1986 Gillespie, Laage, Salomon, Paris, France. Bryan Hunt: Sculptures Akira Ikeda Gallery, Tokyo, Japan. Bryan Hunt: Sculptures &Drawings University Art Museum, University of California,, Berkeley, California. MATRIX; Bryan Hunt Airships Blum Helman Gallery, New York, New York. Bryan Hunt: Recent Small-Scale Works Daniel Weinberg Gallery, Los Angeles, California. Bryan Hunt Airships: 1974-1986 1987 Barbara Mathes Gallery, New York, New York. Bryan Hunt: Drawings Blum Helman Warehouse, New York, New York. Brian Hunt: Recent Sculpture Wilhem-Lehmbruck Museum, Duisburg, Germany. Bryan Hunt: Skulpturen and Zeichnungen 1988 Blum Helman Los Angeles, California. Bryan Hunt: Recent Sculpture Cornell University, Herbert F. Johnson Museum of Art, Ithaca, New York. Bryan Hunt: Falls and Figures Exhibition traveled: Fort Worth Art Museum, Center for the Arts at Muhlenberg College, Allentown, Pennsylvania. Evelyn Aimis Fine Art, Toronto, Canada. Bryan Hunt Sculptures and Drawings University of Rhode Island, Kingston, Rode Island. Brun Hunt: Earth and Air 1989 Blum Helman Gallery, New York, New York. Recent Drawings Crown Point Press, New York, New York. Brun Hunt Galeria Arteunido, Barcelona, Spain. Bryan Hunt 1990 Blum Helman Gallery, New York, New York. Sculpture - Bryan Hunt Galerie Daniel Templon, Paris, France. Bryan Hunt - Sculptures Recentes 1991 Tokyo Ginza Art Center Hall, Tokyo, Japan. Recent Works: 17 Sculptures Kyoto Art Center Hall 1992 Aspen Art Museum, Aspen,CO Sculpture and Drawings BRYAN HUNT 4 ONE-PERSON EXHIBITIONS (cont' d) 1992 Blum Helman Gallery, New York, New York. Paintings Crown Point Press,New York, NY. New Editions byy Bryyant Hunt Locks Gallery, Philadel hia, PA Haenah-Kent Gallery, Seoul, Korea. Water in Art Orlando Museum of Art, Orlando, Florida. Bryan Hunt: The Early Work-Sculpture and Drawing 1974-1980 GROUP EXHIBITIONS 1976 Portland Center for the Visual Arts, Portland, Oregon. Via Los Angeles Willard Gallery, New York, New York. Selections 1977 The Institute for Art and Urban Rescources, P.S. 1, Long Island City, New York. Projects of the Seventies: Nezv York Avant-Garde 1978 Daniel Weinberg Gallery, San Francisco, California. Up Against the Wall Vassar College Art Gallery, Poughkeepsie, New York. Hunt, Lane, Jenney, Shapiro, Rothenberg The Solomon R. Guggenheim Museum, New York, New York. Young American Artists Stedelijk Museum, Amsterdam, Holland. made by sculptorsldoor beeldhouwers gemaakt 1979 The Katonah Gallery, Katonah, New York, New York. Removed Realities--Aycock, Butterfield, Hunt, Shapiro Whitney Museum of American Art, New York, New York. 1979 Biennial Exhibition The Renaissance Society at the University of Chicago, Chicago, Illinois. Visionary Images The Museum of Modern Art, New York, New York. Contemporary Sculpture: Selections From the Collection o)' the Museum of Modern Art Whitney Museum of American Art, New York, New York. Decade in Review Daniel Weinberg Gallery, San Francisco, California. Bryan Hunt, Donald Sultan: Drawings Hayden Gallery, Massachusetts Institute of Technology, Cambridge, Massachusetts. Corners: Painterly and Sculptural Work Galerie Hans Strelow, Dusseldorf, Germany. Junge amerikanische Kunst der achtziger Jahre rtl•;r. BRYAN HUNT 5 GROUP EXHIBITIONS 1980 Bell Gallery, List Art Center, Brown University, Providence, Rhode Island. Invitational University Gallery, University of Massachusetts, Amherst, Massachusetts. Sculpture on the Wall: Relief Sculpture of the Seventies San Francisco Museum of Modern Art, San ransisco, California. 20 American Artists La Biennale di Venezia, Venice, Italy. arti visive '80 Thomas Segal Gallery, Boston, Massachusetts. Black and White Daniel Weinberg Gallery, San Francisco, California. A Terrific Group Show Indianapolis Museum of Art, Indianapolis, Indiana. Painting and Sculpture Today: 1980 The Museum of Modern Art, New York New York. Printed Art: A View of Two Decades 1981 Whitney Museum of American Art, New York, New York. 1981 Biennial Exhibition Hamilton Gallery, New York, New York. Bronze Contemporary Arts Museum, Houston, Texas. The Americans: The Landscape Margo Leavin Gallery, Los Angeles, California. Cast, Carved & Constructed: An Exhibition of Contemporary American Sculpture" Akron Art Museum, Akron, Ohio. The Image in American Painting and Sculpture: 1950-1980 The Cleveland Museum of Art, Cleveland, Ohio. Contemporary Artists Blum Helman Gallery, New York, New York. Bryan Hunt, Neil Jenny, Robert Moskowitz, Donald Sultan Zabriskie Gallery, New York, New York. E.R.A. Benefit Exhibition 1982 Freedman Gallery, Albright College, Reading, Pennsylvania. Landscape in Sculpture The Contemporary Arts Center, Cincinnati, Ohio. Dynamix Exhibition travelled: Sullivant Hall Gallery, Ohio State University, Columbus; Allen Memorial Art Museum, Oberlin College, Ohio; Butler Institute of American Art, Youngstown, Ohio; University of Kentucky Art Museum, Lexington; Josyln Art Museum, Omaha; Doane Hall Art Gallery, Allegheney College, Meadville, Pennsylvania. BRYAN HUNT 6 GROUP EXHIBITIONS 1982 Hayden Gallery, Massachusetts Institute of Technology, Cambridge, Massachusetts. Great Big Drawings Larry Gagosian Gallery, Los Angeles, California. Works on Paper The Art Institute of Chicago, Chicago, Illinois. 74th American Exhibition Fuller Goldeen Gallery, San Francisco, California. Castingg: A Survey of Cast Metal Sculpture in the 80's Indian is Museum of Art, Indianapolis, Indiana. Isaintin and Sculpture Today: 1982 Sewall Art Gallery, Rice University, Houston, Texas. Variants: Drazvin s by Contemporary Sculptors Exhibition travelled: Art Museum of South Texas, Corpus Christi; Newcomb Gallery, Tulane University, New Orleans; The High Museum of Art, Atlanta. Blum Helman Gallery, New York, New York. Drawings Newport Harbor Art Museum, New Port Beach, California. SHIFT: LA/NY. Exhibition travelled: Neuberger Museum, The State University of New York at Purchase, New York. The Museum of Modern Art, New York, New York. Projects: Artists' Books Whitney Museum of American Art, Fairfield County, Stamford, Connecticut. Surveying the Seventies: Selections from the Permanent Collection of the Whitney Museum of American Art Yale University Art Gallery, New Haven, Connecticut. Prints by Contemporary Sculptors American Academy and Institute of Arts and Letters, New York, New York. Hassam and Speicher Fund Exhibition The Solomon R. Gu genheim Museum, New York, New York. American Scu~pture from the Permanent Collection 1983 Daniel Weinberg Gallery, Los Angeles, California. DrazUing Conclusions: A Survey of American Drazings: 1958-1983. " Exhibition travelled: Daniel Weinberg Gallery, San Francisco, California. Museum of Fine Arts, Houston, Texas. A Century of Modern Sculpture, 1882-1982 Castelli Graphics, New York, New York. Black & White: A Print Survey Whitney Museum of American Art, Fairfield County, Stamford, Connecticut. Entering the Eighties BRYAN HUNT 4 GROUP EXHIBITIONS . 1983 Whitney Museum of American Art at Philip Morris, New York, New York. Twentieth Century Sculpture: Process and Presence San Francisco Museum of Modern Art, San Frans:isco, California. Bay Area Collects: A Diverse Sampling Wave Hill, New York, New York. Bronze Sculpture in the Landscape McIntosh/Drysdale Gallery, Houston, Texas. Small Bronzes: A Survey of Contemporary Bronze Sculpture Whitney Museum of American Art, New York, New York. Minimalism to Expressionism: Painting and Sculpture:Since 1965 from the Permanent Collection Margo Leavin Gallery, Los Angeles, California. Black and White. Nassau County Museum of Fine Arts, Long Island, New York. Sculpture: Tradition in Steel . Institute ofContemporary Art, Boston, Massachusetts. ICA Exhibition Program Ceolfrith Gallery, Sunderland Art Center, England. Drazving in Air: An Exhibition of Sculptors' Drazvinss 1882-1982 Exhibition travelled: Glynn Vivian Art Gallery and 1 Museum, Swansea; City Art Gallery and Henry Moore Study Center, Leeds. Palacio de Velazquez, Madrid, Spain. Tendencias en Nueva York Exhibition travelled: Fundacion Joan Mira, Barcelona; Palais Luxembourg, Paris. Daniel Weinberg Gallery, Los Angeles, California. Season's Greetings - The Art Museum of the Ateneum, Helsinki, Finland. Ars 83 1984 Williams College Museum of Art, Williamstown, Massachusetts. Six in Bronze Exhibition travelled: Museum of Art, Carnegie Institute,Pittsburgh; Columbus Museum of Art,Columbus,Ohio; The Brooklyn Museum, New York; Newport Harbor Museum, Newport Beach, California. Cirrus Gallery,.Los Angeles, California. Is This a Natural World? Brainerd Art Gallery, State University College at Potsdam, New York. Pressures of the Hand: Expressionist Impulses in Recent American Art BRYAN HUNT 8 GROUP EXHIBITIONS 1984 CDS Gallery, New York, New York. ARTISTS choose ARTISTS III The Museum of Modern Art, New York, New York. An International Survey of Recent Painting and Sculpture The Edith C. Blum Art Institute, Bard College, Annandale-on- Hudson, New York, New York. Contemporary Triptychs Blum Helman Gallery, New York, New York. Francesco Clemente/Bryan Hunt/David Salle Margo Leavin Gallery, Los Angeles, California. American Sculpture The Guiness Hop Store, Dublin, Ireland. ROSC '84 Bette Stoller Gallery, New York, New York. Arabesque: Grand Gestures in Painting, Sculpture and Decorative Arts First Street Forum, St. Louis, Missouri. Familiar forms/unfamiliar furniture Margo Leavin Gallery, Los Angeles, California. eccentric image(s) Blum Helman Gallery, New York, New York. Drawings Seattle Art Museum, Seattle, Washington. American Sculpture: Three Decades New Math Gallery, New York, New York. Rediscovered Romanticism in Nezv York City Neuberger Museum, The State University of New York at Purchase,. New York. Hidden Desires/ Six American Sculptors Matthew Hamilton Gallery, Philadelphia, Pennsylvania. Naturlich/November 1984 University Art Gallery, Sonoma State University, Sonoma, California. Works in Bronze: A Modern Survey Exhibition travelled: Redding Museum and Art Center, Redding, California; Palm Springs Desert Museum, California; Boise Gallery of Art, Idaho; Cheney Cowles Memorial. Museum, Spokane, Washington. Newark Museum of Art, Newark, New Jersey. American Bronze Sculpture: 1850 to the Present Diane Brown Gallery, New York, New York. The Success of ailure 1985 Hayden Gallery, Massachusetts Institute of Technology, Cambridge, Massachusetts. Dedication Shozv of the Albert and Vera List Visual Arts Center Whitney Museum of American Art, New York, New York. 1985 Biennial Exhibition BRYAN HUNT 9 GROUP EXHIBITIONS 1985 Lorence•Monk Gallery, New York, New York. Drawings Whitney Museum of American Art, Fairfield County, Stamford, Connecticut. Affiliations: Recent Sculpture and It's Antecendents The Brooklyn Museum, Brooklyn, New York. Contemporary American Prints: Recent Acquisitions The Aldrich Museum of Contemporary Art, Ridgefield, Connecticut. A Second Talent: Painters and Sculptors Who are Also Photographers Exhibition travelled: Baruch College Gallery, New York. Turske & Turske, Zurich, Switzerland. Works oil Paper Laforet Museum, Hara'uku, Tokyo. CORRESPONDENCES: New York Art Nozv Exhibition travelled: Tochigi Perfectural Museum of Fine Arts, Utsunomiya, Tokyo Barbara Krakow Gallery, Boston, Massachusetts. Portfolio: Prints ill Context Daniel Weinber Gallery, San Francisco, California. Aids BenN Exhibition: A Selection of Works on Paper 1986 Blum Helman Gallery, New York, New York. Group Shozv Toni Shafrazi Gallery, New York, New York. Sculpture Nohra Haime Gallery, New York, New York. Drazvings by Sculptors Barbara Mathes Gallery, New York, New York. The Art of Drawing Janie C. Lee Gallery, Houston, Texas. Paintings, Sculpture, Collages and Drazvings Albright-Knox Art Gallery, Buffalo, New York. Contemporary Landscapes on Paper The Museum of Modern Art, New York, New York. Sculptors' Drawings El Bohio Community & Cultural Center, New York, New York. Indoor/Outdoor Sculpture Exhibition The Museum of Contemporary Art, Los Angeles, California. The Museum of Contemporary Art: The Barry Lowell Collection Dart Gallery, Chicago, Illinois. Summer Show Akira Ikeda Gallery, Nagoya, Japan. Drawings L'Alcalde de Barcelona i el President de la Fundacio Jean Mir6. BARCELONA ESPAIS 1 ESCULTURES 1982-1986 Blum Helman Warehouse, New York, New York. From Icon to Symbol/ Imagery in American Art: 1973-1979 BRYAN HUNT 10 GROUP EXHIBITIONS 1986 Brooklyn Museum, New York, New York. Monumental Drawing Martina Hamilton Gallery, New York, New York. Brand New Prints III Sierra Nevada Museum of Art, Sierra, Nevada. Works in Bronze, A Modern Survey American Academy and Institute of Arts and Letters, New York, New York. 38th Annual Academy-Institute Purchase Exhibition The Freeman Gallery, Albright College, Reading, Pennsylvania. The First Decade University Art Museum, Berkeley, California. MATRIX 1987 Willard Gallery, New York, New York. PRINTS: Rothenberg, Lane, Goldberg, Sultan, Hunt University of Missouri-Kansas City Gallery of Art, Missouri. Cast in Bronze Thomas Segal Gallery, Boston, Massachusetts. Drawing for Sculpture L'Adjuntament de Barcelona and the Spanish Institute of New York. The Barcelona Plazas: Preview of an Urban Experience Thomas Segal Gallery, Boston, Massachusetts. Drawings for Sculpture Carnegie Mellon University Art Gallery, Pittsburg, Pennsylvania. Drawings from the Eighties ; Turske & Turs e, Zurich, Switzerland. Das Kleine Format Texas Gallery, Houston, Texas. Works on Paper Albright-Knox Gallery, Buffalo, New York. _ Y; Intimate Gestures, Realized Visions: Masterworks on Paper From the Collection of The Albright-Knox Art Gallery Madison Art Center, Madison, Wisconsin. Sculptors on Paper: New Work Exhibition travelled: Pittsburgh Center for the Arts, Pennsylvania; Kalamazoo Institute of Arts, Michigan; Sheldon Memorial Art Gallery, University of Nebraska at Lincoln. The St. Louis Art Museum, St.Louis, Missouri. The Ebsworth Collection: American Modernism, 1911-1947 Larinan Museum, Lake Worth, Florida. Abstract Expressions: Recent Sculpture Carnegie-Mellon University Art Gallery, Pennsylvania. Drawings from the Eighties BRYAN HUNT 11 GROUP EXHIBITIONS 1987 Neuberger Museum, Purchase, New York. The Window in Twentieth Century Art Exhibition travelled: The Contemporary Arts Museum, Houston, Texas. 1988 Nohra Haime Gallery, New York. Small Sculpture Turske & Turske, Zurich, Switzerland. The Small Size The Solomon R. Guggenheim Museum, New York, New York. View oats Herron Gallery, Herron School of Art, Indianapolis. Indiana. Welcome Back: Painting, Sculpture and Works on Paper by Contemporary Artists from Indiana Barbara Mathes Gallery, New York, New York. Sculptor's Drawings Williams College Museum of Art, Williamstown, Massachusettes. BIGlittle Sculpture Gallery at the Plaza, Security Pacific Corporation, San Francisco, California. Molten Metal John Berggruen Gallery, San Francisco, California. Summer Sculpture Exhibition at Monadnock The Seoul Olympic Games, Korea. Olnmpiad of Art Whitney useum of American Art at Equitable Center, New York. Sculpture Since the Sixties Whitney Museum of American Art, New York. Vital Sins Kunstraum, Vienna, Austria. Skulpturen Republik 1989 Aldrich Museum of Contemporary Art, Ridgefield, Connecticut. Selections from the collection of Marc and Livia Straus The Arkansas Art Center, Little Rock, Arkansas. American Abstract Drawin s Blum Helman Gallery, New York, New York. Summer Group Shozv Blum Helman Gallery, New York, New York. Cross Blum Helman Gallery, New York, New York. Drawing Portfolios (a benefit for BOMB magazine) Fine Arts Center, University of Rhode Island, Kingston, Rhode Island. Microsculpture BRYAN HUNT 12 GROUP EXHIBITIONS . 1989 Greenberg Gallery, St. Louis, Missouri. Sculpture Guggenheim Museum, New York, New York. Selections from the Permanent Collection Karsten Schubert, Ltd., London, England. Another Focus Meredith Long & Company, Houston, Texas. For the Collector: Important Contemporary Sculpture Neuberger Museum, State University of New York, Purchase. FigurativeliJ Speakin : Drawings by Seven Artists Exhibition travelled. Toledo Musuem of Art, Ohio; Nelson- Atkins Musuem, Kansas City, Missouri. Security Pacific Gallery, Los Angeles, California. Sculptural Intimacies y Annie Plumb Gallery, New York, New York. Climate '89: A Benefit for the Environment and the National Audobon Society Mark Richards Gallery, Los Angeles, California. Works on Paper Tony Shafrazi Gallery, New York, New York. Doti 't Bun le the jungle. A Benefit for the Rainforest Shea & Beker Gallery, New York, New York. Body Fragments John C. Stoller & Co., Minneapolis, Minnesota. Sculptor's Drawing Daniel Weinberg Gallery, Los Angeles, California. A Decade of American Drawing 1990 la Residencia del Embajador y la Senora Negroponte, Mexico . Coleccion De Artistas Contemporaneos De Los Estados~Unidos Midtown Payson Galleries, New York, New York. A. An Artists Christmas - Holiday Images by American Artists 1880-1990 Nippon Convention Center, Chiba, Japan. Pharmakon 90 Weatherspoon Art Gallery, Greensboro, North Carolina, (sponsored by Dillard Paper Company.) Art on Paper 1990 Whitney Museum of American Art, Downtown at Federal Reserve Plaza, New York. The Experience of Landscape-Three Decades of Sculpture National Museum of Contemporary:Art, Seoul, Korea. Seoul International Art Festival 1991 Blum Helman Galler , New York, New York. Masterzvorks ofyContemporary Sculpture BRYAN HUNT 13 GROUP EXHIBITIONS 1991 Blum Helman Gallery, New York, New York. Katherine Bowfin , Bryan Hunt, Jose Marta Sicilia Blast Art Benefit, New York, New York. Exhibition and Sale to Benefit The X-Art Foundation and Blast (exhibition catalogue) Blum Helman Gallery, New York, New York. Red White Blue Citibank, Long Island City, New York. Zero Gravity Curated by the Museum of Modern Art 1992 University Art Gallery, New Mexico State University, New Mexico. Drawing: An Invitational Locks Gallery, Philadelphia, Pennsylvania. Issues in Sculpture San Jose Museum of Art, California. Drawing Redux Blum Helman Gallery, New York, New York The Figure: Sculpture Haenah-Kent Gallery, Seoul, Korea Water and Art Aldrich Museum of Contemporary Art, Ridgefield, CT Four Friends travels to: The Murray and Isabella Rayburn Foundation, New York, W. 1993 Blum Helman, New York, NY A Private View: Artists' Photographs BIBLIOGRAPHY 1976 Buettner, Stewart. "Six Los Angeles Artists." Artweek (January 31) p.16. 1977 Perrone, Jeff. "Bryan Hunt: Blum Helman Gallery." Artforum (Summer,) p.68. Poett, James. "A Pail of Water Without the Pail." The Village Voice (March,) p.89. Siegel, Jeanne. "Bryan Hunt." Arts Magazine (May 1977) p.20. 1978 Brown, Christopher. "Bryan Hunt Sculptures." Artweek (August 26) p.l. Dippel, Rini ant Geert van Beijeren. made by sculptors/door beeldhouwers eg maakt (exhibition catalogue.) Amsterdam: Stedelijk Museum, 1978. BRYAN HUNT 14 BIBLIOGRAPHY 1978 Frank, Peter. "Bryan Hunt: Blum Helman." ARTnews (October,) HL, 178. Hale, Nike. "Young Artists at the Guggenheim." Art World (May 18/June 16,) pp. 6-7. Shearer, Linda. Young American Artists (exhibition catalogue.) New York: The Solomon R. Guggenheim Museum, 1978. 1979 Halbreich, Kathy. Corners: Painterly and Sculptural Work (exhibition catalogue.) Cambridge: Hayden Gallery, Massachusetts Institute of Technology, 1979. McDonald, Robert. "The World Simply Seen." Artweek (August 25) p.4. McShine, Kynaston. Contemporary Sculpture Selections -from the Collection of the Museum o Modern Art (exhibition catalogue.) New York: The Museum of Modern Art, 0.79. Meister, Von Helga. "lunge Kunst aus den Werke amerikanischer Kunstler der 80-er Jahre bei Strelow." Rheinische Post (December 13) p.DN 14. Nahum, Katherine. "Hayden exhibit sheds light into corners." The Newton Times (October 17,) p.11- 1979 Biennial Exhibition (exhibition catalogue.) New York: Whitney Museum of American Art, 1979. Ratcliff, Carter. Visionary Images (exhibition catalogue.) Chicago: Renaissance Society at the University of Chicago, 1979. Reed, Dupuy Warrick. "Bryan Hunt." Arts Magazine (April) p7. Rickey, Carrie. "Bryan Hunt: Blum Helman." ARTnews (Summer) p. 182. Taylor, Robert. "Do corners have an intrinsic value?" Bo ; on Sunday Globe (October 17,) p. D2. Zimmer, William. "Building Materials." The Soho Weekly News (March 8,) p.53. 1980. _ Castleman, Riva. Printed Art: A View of Two Decades (exhibition catalogue.) New York: The Museum of Modern Art, 1980. C.H. "Aus den Galerien: Strelow,Dusseldorf." Rheinische Post (January 15,) .16. Davies, Hugh M. Sculpture on the Wall:_ Relief Sculpture of the Seventies (exhibition catalogue.) Amherst: University Gallery, University of Massachusetts, 1980. Hoppkins, Henry T. -20 American Artists (exhibition catalogue) San Francisco: The San Francisco Museum of Modern Art. Saunders, Wade. "Hot Metal." Art in America (Summer) pp. 87-95. Schwarze, Dirk. "Unbefangene Kunst: Hans Strelow zeigt junge Amerikaner." Rheinische Post (January 5.) Q e_.y; BRYAN HUNT 15 BIBLIOGRAPHY 1980 Tomkins, Calvin. "The Art World Boom. "The New Yorker (December 22,) pp.78-80. White, Robin. View: Bryan Hunt. Oakland, California: Crown Point Press, 1980. Wohlfert, Lee. "Young Artists New Yorkers are Talking About." Town & Country (September,) pp. 200-07. Wortz, Melinda. Los Angeles: Heiroglyphic Umbrellas. ARTnews (May,) p. 141. Yassin, Robert. Painting and Sculpture Toda : 1980 (exhibition catalogue.) Introduction by De oris B. Garrett. Indianapolis: Indianapolis Museum of Art, 1980. 1981 "Bryan Hunt entta_uscht." Dusseldorfer Hefte (December) pp. 16-31. Carr, Carolyn Kinder. The Image in American Painting & Scj.apture: 1950-1980 (exhibition catalogue.) Preface by I. Midlael Donoff Akron: Akron Art Museum, 1981. Cathcart, Linda. The Americans: The Landscape (exhibition catalogue.) Houston: Contemporary Arts Museum, 1981. Crossley, Mimi. "Review: The Americans: The Landscape." The Houston Post (April 12,) p.10AA.. Danoff, I. Michael. "Bryan Hunt: Sculpture and Drawings." Dialogue: The Ohio Arts Journal (January/February,) p. 51. Foster, Hal. "Bryan Hunt." Artforum (September,) pp.77-78. Friedrichs, Yvonne. "Dem Wasser eine feste Form: Bryan Hunt in der Galerie Strelow/Erstmals in Deutschland." Rheinische Post (November 27.) Hinson, Tom E. Contemporary Artists (exhibition catalogue.) Cleveland: The Cleveland Museum of Art, 1981. Kalil, Susie. "The American Landscape--Contemporary Interpretations." Artweek (April 25,) pp.8-10. Kramer, Hilton. "Bronze Makes a Comeback." The New York Times (February 8.) "Sculptors Who Triumph in Bronze." The New York Times (May 24,) pp. 25, 35. Kur. "Galerien: Strelow, Dusseldorf." Rheinische Post (November 11,) p. 22. Larson, Kay. "Between a Rock and a Soft Place." New York Magazine (June 1,) p.56. Muchnic, Suzanne. "A 'Cast' of 21 at Leavin Gallery." Los Angeles Times (August 28,) Part VI, p.2. 1981 Biennial Exhibition (exhibition catalogue.) New York: Whitney Museum.of Art, 1981. Phillips, Deborah C. "New York Reviews: Bryan Hunt." ARTnews (September,) pp.77-8. Reed, Dupuy Warrick. "Bryan Hunt." Flash Art (October- November,) pp. 49-50. Smith, Roberta. "Biennial Blues." Art in America (April,) pp. 92- 101. BRYAN HUNT 16 BIBLIOGRAPHY 1981 Tennant, Donna. "The Americans: The Landscape." Texas Magazine (April 26. ) „"CAM Exhibit Samples Contemporary Landscapes." Houston Chronicle (April 16,) Section 3, pp.8. "Impressions." Houston Chronicle (April 2,)1~. 5. Zimmer, William. Art Review--Whitney Biennial. The Soho Weekly News (February 11.) . "The Peaks in Review." The Soho Weekly News (March 19,) pp.27-8. . "Hunt's Points." The Soho Weekly News.(May 13,) p.51. 1982 Becker, Robert. "Bryan Hunt." Interview (January,) pp. 52---4. Cebulski, F. "Scales of Nature." Artweek (February 27,) p.'S. DeSantis, Tullio Francesca. "Modern Sculpture: Albright Show = Offers Unique Perspectives." Reading Eagle (March 21)pp. 57, 63. Eisler, Colin. "Prints by Contemporary Sculptors." Art ournal (Fall,) pp.247-8. Elsen, Albert. Casting: A Survey of Cast Metal Sculpture in i:he 80's (exhibition catalogue.) San Francisco: Fuller Goldeen Gallery, 1982. Ferrulli, Helen. and Robert A. Yassin. Painting and Sculpture Today: 1982 (exhibition catalogue.) Indianapolis: Indianapolis Museum of Art, 1982. Field, Richard S. and Daniel Rosenfield. Prints by Contemporary Sculptors (exhibition catalogue.) New Haven: Yale University Art Gallery, 1982. Freeman, Nan. "The Magnitude of Drawing." Art New England (April.) Guiasola, Felix. "Entrevista con Bryan Hunt, Donald Sultan." Vardar (June,) pp. 4-8. Kline, Katy. Great Big Drawings (exhibition catalogue.) Cambridge: Hayden Gallery, Massachusetts Institute of Technology, 1982. Phillips, Lisa. Surveying the Seventies: Selections from the - Permanent Collection of the Whitney Museum of American Art (exhibition catalogue.) Fairfield County, Stamford, Connecticut: Whitney Museum of American Art, 1982. Russell, Laura W. Variants: Drawings b Contem orar Sculptors (exhibition catalogue.) Introduction by Est er de Vecsey. Houston: Sewall Art Gallery, Rice University, 1982. Schimmel, Paul. SHIFT:LA/NY (exhibition catalogue.) Essays by Marcia Tucker, Paul Schimmel, Melinda Wortz and Jane Livingston. Newport Beach, California: Newport Harbor Art Museum, 1982. Stearns, Robert. D,, namix (exhibition catalogue.) Cincinnati, Ohio: The Contemporary Arts Center, 1982. 1 '0 1- Al BRYAN HUNT 17 BIBLIOGRAPHY 1983 Bowsher, John. "An Essence of Landscapes." Artweek (June 4,) p.16. Brooks, Valerie F. "Bryan Hunt: Blum Helman." Flash Art (Summer,) p.63. Chauvel, Margaret. "Sculptor Bryan Hunt reaches into the abstract in his statues and drawings." Daily Forty-Niner (November 15) p.5. Cummings, Paul. "A Conversation About Drawing." Drawing, (September-October.) Garcia, Angel. "Vanguardia biologica." El Pais Semanal, (November 6.) Gimenez, Carmen. Tendencias en Nueva York, (exhibition catalogue.) Madrid: Ministerio de Cultura, 1983. Glenn, Constance W. "Artist's Dialogue: A Conversation With Bryan Hunt." Architectural Digest (March,) pp.68-74. Glenn, Constance W. and Jane K. Blesdoe. Bryan Hunt: A Decade of Drawings (exhibition catalogue. Long Beach, California: The University Art Museum, 1983. Glueck, Grace. "2-Gallery Shows are Catching On." The New York Times (April 8,) pp. C1, C5. Gottlieb, Shirle. "Sophistication Mixes with Bryan Hunt." Press Telegram (November 25.) ."An abstract vision of the 'Conductor'." Press Telegram (November 25.) "Creator of CSULB's Newest Sculpture Highlighted at University Art Museum." The Arts (November.) Haskell, Barbara. Bran Hunt (exhibition catalogue.) Berlin:Amerika Ha-us Berlin, 1983. Ianco-Starrels, Josine. "International View of Video." ARTnews. Klein, R. Michael. Bronze (exhibition catalogue.) New York: Wave Hill, 1983. Levine, Gill. "Bryan Hunt." Currents (September,) Institute of Contemporary Art, Boston. Muchnic, Suzanne. "The Galleries: La Cienega Area." The Los Angeles Times (July 8,) Part IV, pp.2-3. "The Personalities of Conductor II." The Los Angeles Times (December 9,) Part IV, p.6. Ortega, Miguel. "Nada nuevo." Guadalimar (November.) Peltola, Leena. Arts '83 Helsinki (exhibition catalogue.) Helsinki: The Art Museum of the Ateneum,1983. Phillips, Lisa. Twentieth Century Sculpture: Process and Presence (exhibition catalogue.) New York: Whitney Museum of American Art, Phillip Morris, 1983. Ratcliff, Carter. Bryan Hunt (exhibition catalogue.) New York: Blum Helman Gallery, 1983. . "New York, New York: The Glamour of History." (essay for "Tendencias en Nueva York" Madrid, 1983.) Schwartz, Ellen. "What's New in Nueva York." ARTnews. BRYAN HUNT 18 BIBLIOGRAPHY 1983 Serraller, F. Calvo. "Los bellos ecos del ultimo grito artistico." El Pais (October 15.) Shapiro, Michael. "Four Sculptors on Bronze Casting: Nancy Graves, Bryan Hunt, Joel Shapiro, Herk Van Tongeren." Arts Magazine (December) pp. 111-17. [unsigned]. "Padan Aram" The Harvard Literary. R_eview (Show Announcement.) Wilson, Williams. "The Galleries: La Cienega Area." The Los Angeles Times (May 6,) Part VI, p.13. Wortz, Melinda. "The LA/NY Shift: For Some Artists, The Fast Lane Heads East." ARTnews (January,) pp. 67-81. Wulffen, Thomas. "Die dekorative Wende; 'Neue Meister' stellen im Amerika Haus aus."Der Tagesspiegel, (October, 5.) 1984 Bates, Mar and Susan Moulton. Works in Bronze: A Modern Survey exhibition catalogue.) Sonoma, California: Sonoma State University Art Gallery, 1984. Brenson, Michael. "A Lively Renaissance for Sculpture in Bronze." The New York Times (November 4,) p. H29. Freeman, Phylis. New Art. New York: Harry N. Abrams, Inc., 1984. Glueck, Grace. "Bronze in the Hands of American Sculptors." The New York Times (December 23) p. H29. Kuspit, Donald. Artists Choose Artists III (exhibition catalogue.) New York: CDS Gallery, 1984. Pradel, Jacques-Louis, ed. Art 83/84--World Art Trends. Paris: Jacques I.,egrand International Publishing, 1984. Pulitzer, Emily Rauh. familiar forms/ unfamiliar furniture (exhibition catalogue.) St. Louis: First Street Forum, 1984. Ratcliff, Carter. Pressures of the Hand: Expressionists Impulses in Recent American Art (exhibition catalogue.) Potsdam, New York: Brainerd Art Gallery, 1984. Raynor, Vivien. "Art: 3 Friends Who Share Attitudes and`a Show." The New York Times (July 20,) p. C20. Reynolds, Gary. American Bronze Scul tur 1850 to the Present (exhibition catalogue.)The Newark Museum. Robinson, John. "Francesco Clemente/Bryan Hunt/ David Salle." Arts (September) p.34. Schwartz, Ellen. "What's New in Nueva York?" ARTnews (April) pp. 146-49. Wallach, Amel. "Bronze in Brooklyn." Newsday (November 4) 1984, Part II, pp.4-5. Welish, Marjorie. "Where Art Comes First: A Prescient Modern Collection." House and Garden (August,) pp. 116-23,168. BRYAN HUNT 19 BIBLIOGRAPHY 1985 Billeter, Fritz. "Amerikanisch Wurzelt in Europa". Tages Anzeiger, Zurich (January 11.) Comorera, Ramon. "Las Plazas de Barcelona se Llenan con el Mejor Arte Mundial de Vanguardia." El Correo Catalan (July 14,) p.5. Haskell, Barbara. Brvan Hunt: Skulpturen and Zeich~nugeenn (exhibition catalogue.) Zurich: Knoedler AG Zurich, 1985. Larson, Kay. "The Bad News Bearer." New York Ma gazine, April 8, pp.72-3. "Boomtown Hype--and Real Quality." New Yorker Ma aazine (June 17) pp.46-7. Malle, Loic. "Bryan Hunt: Clasicismo y abstracci6n." Fig_ura (Fall) pp.25-7.(reprint Artpress.) Metz er, Robert, et al. Second Talent Painters and Sculptors W9o Are Also Photographers (exhibition catalogue. Ridgefield, Connecticut: The Aldrich Museum of Contemporary Art, 1985. 1985 Biennial Exhibition (exhibition catalogue.) New York: Whitney Museum of American Art, 1985. Raynor, Vivien. "Bryan Hunt." The New York Times (May 10,) p. C26. "Sculpture du sensuel." Decoration Internationale (September.) Tuchman, Phyllis. "The Whitney Biennial: The MTV of Art." Newsday (March 29.) "Bryan Hunt's Balancing Act,." ARTnews (October,) pp.64-73. Works on Paper (exhibition catalogue.) Zurich: T'urske & Turske,1985. 1986 Baker, Kenneth. "Sculpture that floats just out of reach." San Francisco Cronicle. Fox, J. Marilyn. "Freedman's first 10 years." Reading Eagle (November 23) p. D6. Jones, Alan. "Indoors, Outdoors." El Bohio Community and Cultural Center (exhibition catalogue,) 1986. Kotik, Charlotta. "Monumental Drawing" (exhibition catalogue.) Brooklyn, New York: Brooklyn Museum. Lipson, Karin. "Drawings that Magnify Mood and Mystery." New York Newsda (Sept. 26,) Part II, p. 11. Marshall, Richard an Robert Mapplethorpe. 50 New York Artists. San Francisco: Chronicle Books, 1986. McColm, Del. "Hovering Sculpture, Searing Paintings Exhibited." The Davis Enterprise Weekend, p. 7. Miller, Samuel C.. "Gifts." The Newark Museum Annual Report. Permanyer, Luis. "Paisajismoe integraci6n en el clot." La Vanguardia (November 9) p. 29. Quenon, Robert H. "Sculpture." The St. Louis Annual Report, p. 37. Raynor, Vivien. "Art: Brooklyn Museum Show, Monumental Drawing. The New York Times (October 3.) BRYAN HUNT 20 BIBLIOGRAPHY 1986 Richard, Paul. "The* Museum & The Friend in Need." Washi Qton Post (January 10,) p. B1. Rutter G. David. "The First Decade" (exhibition catalogue.) Silverthorne, Jeanne. "Bryan Hunt at Blum Helman Gallery." Artforum International (September,) p. 135. [unsigned.) "Monumental Drawings." The Justinian (November.) 1987 Ambrosini, Lynne. Rodin: The Cantor Gift to the Brooklyn Museum (exhibition catalogue.) New York, Brooklyn: The Brooklyn Museum of Art, 1987. Barilleaux, Rene Paul. Sculptors on Paper New Work (exhibition catalogue.) Madison, Wisconsin: Madison Art Center, 1987. Berman, Ann E. "Sculptors in Progress." Town and Country (September,) pp. 269-272. - Brenson, Michael. "Art: By Bryan Hunt, Drawings and Bronzes." The New York Times (May 22,1987) p. C24. Cemblast, Robin. "Post-Franco Flourish. " Stroll (October,) pp. 18-27. Clearwater, Bonnie. Abstract Expressions: Recent Sculpture (exhibition catalogue.) Lake Worth, Florida, Lannan Museum. KoM(December hek, Frank. "Die Kraft de Wassers in Bronze Gefasse." 5,) 1987. Rose, Barbara. "The Barcelona Experience: The Role of Sculpture in Contemporary Urban Environments." The Barcelona Plazas: A Preview of an Urban Experience (exhibition catalogue.) New York: The Spanish Institute. Stratton, Suzanne. "Art Progams, Barcelona Plazas in New York." The Spanish Institute Newsletter (Fall,) pp. 1, 89. Theens, Ria. "In Bronze Gebannte Wasserfluten." RheinL he apt: Post (December 5) ."Wasser in Bronze gegossen." Rheinische P-t (December 8.) "Kultur Muss Ihren Platz Behalten." Westdeutsche Alig e Zeitun (December.) 1988 Boned, Charles. "Making Sense of Diversity." The Berkshire_ Eagle (April .4.) Borak, Jeffrey. "BIGlittle Matter." The Berkshire Eagle (Feb. 12.) "Critic to Lecture Tonight." The Transcript (March 2.) Clothier, Peter. "Eli Broad: A Cool Head About Hot Art." ArtNews (January,) p. 142. Cook, Joan. "BIGlittle Sculpture." The New York Times (Feb. 14.) . "BIGlittle Sculpture at Williams College Museum." Antiques and the Arts Weekly (Jan. 29.) BRYAN HUNT 21 BIBLIOGRAPHY 1988 Garmel, Marion. "The Artists No Longer Need to Leave to Make a Mark." The Indianapolis News (January 14,) Section C5. Gibson, Eric. "Bryan Hunt at Cornell." The New Criterion (Vol. 7, No. 2,) pp. 63-5. Glibota, Ante. "Olympiad of Art" (exhibition catalogue.) Seoul, Korea: Olymppiad of Art, 1988, pp. 306-7. Hahne, Heinriech. "Flimmerince Bronzen." Frankfurter Allemagne Zeitung (January.) Hails, Doris Vlasik. "Native and Nascent Artists."' The Ittdianpolis Nezo Times. Jette, Rosemanry. Small Scale Sculpture Leaves a Big Impression." The Transcript (March 9.) Kazanjian, Dodie. "Lining Up for Art." House and Garden (March,) p. 33. Klein, Elaine. "Sculpture, Prints and Photos Make Up Varies KIA Exhibits." Kalamazoo Gazette (September 5.) Klries, Kleine Heinz. "Kunst Aktuell." MARBO Magazine fur Is Ruhrgebiel (January:) Loskill, Jorg. "Bryan Hunt in Duisburg." Neue Rheinland, (February.) Lubowsky, Susan. Sculpture Since the Sixties_ (exhibiton catalog.) New York: The Whitney Musuem of American Art at Equitable Center, 1988. Pasterk, Dr. Ursula. Skulpturen Republik (exhibition catalogue.) Vienna: KunstraumWein. Pierson, Travis. "BIGlittle Sculpture Opens at WCMA." The Williams Record (February 16.) Posca, Claudia. "Bryn Hunt." Kunstforum (February /March.) Rosenthal, Mark. "Reflections on the Smith, Kline & French Research and Development Collection." New `.Cork. Sabin, Selma. "Around and About in the Galleries." The tca Advocate (February 24.) Scmidt, William. "Church Smbol Meets Modern Art." The New York Times (May IT Shrady, Nicholas. "Barcelona Sets its Sites." Architectural Digest (March. ) Sinclaire, Paul. House and Garden (October.) Sverbeyeff, Elizabeth and Heather MacIsaac. "The Young Contenders." House and Garden (August.) Tuchman, Phyllis. "BIGlittle Sculpture" (exhibition catalog.) Williamstown, Massachusetts: Williams College Museum of Art. Tuchman, Phyllis. "Falls and Figures" (exhibition catalogue.) Ithaca, New York: Herbert F. Johnson Museum of Art, Cornell University. [unsigned.] "Pop to Neo-Geo and Beyond." Bijusty Techo (October, Vol 40, no. 600.) BRYAN HUNT 22 BIBLIOGRAPHY 1988 Weiss, Carol. "Welcome Back" Painting, Sculpture and Works on Paper by Contemporary Artists from Indiana." Arts Indiana (January.) Wilson, William. "The Galleries." Los Angeles Times (February 12,) Part IV, p. 17. 1989 Borras, Maria Ll.uisa. "Bryan Hunt: Sensuality of the Architectural Space." (exhibition catalogue.) Barcelona: Galeria Arteunido,. Culnek, Anthony. "A Scientist Coll ects.Contemporanea, (July/August, 1989) p.48-53. Curtis, Cathy. "The Galleries" Los Angeles Times (Nov. 10) p 25. Heiman, Ursula. "Furniture designed by Artists" BOMB (Fall,) p.92. Kimmelman, Michael. "Viewpoints: Postwar Paintinggs and Sculpture." The New York Times (January 13,) p. C27. - "Bryan Hunt." The New York Times,;April 28, C30. King, Sarah. "Foundation Templon: Phase One." Art in America (October) p.29-30. Koslow, Francine. "Bryan Hunt, Thomas Segal Gallery." Artforum (May.) p. 158. Miller, Nanc . "Figuratively Speaking: Drawings by Seven Artists. exhibition catalogue.) Purchase, New York: State University of New York, 1989. [unsigned.] "Setting Up Display is Also an Art Form." The Morning Call (February 2) p. B8. [unsigned. "New York Studio Events, Bryan Hunt." ICI Newsletter (Winter,) p. 158. [unsigned.] "L'Oeil de Vogue." French Vogue (Septembe ry) p.354. - Shoin, Kyoto. Bryan Hunt Drawings and Fragments of Sculpture." Art at Random. Westfall, Stephen. "Touched in Bronze." Art in America (April,) pp. 251-4. Wolff, Theodore. "Sculpture Staging a Major Comeback. The Christian Science Monitor (March 21.) 1990 Eames, Andrew. Barcelona (city guide book) p. 191. Geibel, Victoria. "A Fine Line." Art & Auction (May), pp. 218- 225. Gibson, Michael. "Western Artists Take On An Eastern Medium." The International Herald Tribune (December 8 P. 11. - - Newton, Helmut. "I'll take Manhattan." Conde Nast Traveler (September) pp.180-181. Schumacher, Edward. "Sculptures Are Changing the Look. of Barcelona" The New York Times (September 4,) section C, pp.13-14. y BRYAN HUNT 23 BIBLIOGRAPHY 1990 [unsigned]. "Goings on about Town" The New Yorker (May 21,) p .14. [unsigned].HH. "Bryan Hunt" Nikkei Art (June.) 1991 Apgar, Garry. "Public Art and the Remaking of Barcelona" Art in America (February,) pp. 108-121. Cembalest, Robin. "Jacques & Marta Hachvel: Good Vibrations." Artnews (February,) pp. 81-83. Hornblower, Margot. "Something to Stroll About:" Time Ma azine International Edition (April 29,) pp. 54-55. Scott, ue. Bryan Hunt: Early Work-Sculpture and Drawing 1974-1980.Orland o, Florida: Orlando Museum of Art, 1991. [unsigned]. "International Art Festival Awards Bryan Hunt Grand Prize." Flash Art (March/April,) p. 161 1992 Bourdon, David. "Forum: Bryan Hunt's 'Untitled (Rotation Drawing I"' Drawin (July/August), p.32. Burkhart, Dorothyy. "A Fine Line: Drawing From The 80s." San Lose Mercury News (March 20) p. 43. Combs, Tram (Introduction), Water in Art, catalog from Haenah-Kent Gallery, Seoul, 1992. Fergusen, Bruce W.(introductory essay), Four Friends, 1992, catalog accompanying exhibition at the Aldrich Museum, 1992. Gimelson, Deborah. "Endeavors in Space" Aspen Magazine (Holiday, 1992/93). p.31. Miller, Gregory Randal. "Bryan Hunt: Sculpture and Drawing 1974 - 1980." Art Papers, (July/August, 1992) p.47 Scott, Sue. Bryan Hunt: Early Work. catalog accompanying exhibition at the Orlando Museum of Art, 1992. Temin, Christine. "Barcelona Goes On An Architectural Spree For The Olympics." The Boston Sunday Globe, (February 23,) pp. B1, B16. [unsigned] "Now." Aldrich Museum of Contemporary Art Bulletin, (Fall, 1992) p.1-2. (Four Friends Exhibition: including Bryan Hunt, April Gornik, Eric Fischl and Ralph Gibson). 1993 Wilson, Jane. "Hunt re-sees landscape on canvas" The Aspen Times (January 2-3,1993) p.2-B. [unsigned]. "America's Top 100 Collectors" Art & Antiques (March, 1993) p.65. PUBLICATIONS 1982 Hunt, Bryan. Conversation with Nature. New York: The Museum of Modern Art, 1982. 1989 Bryan Hunt Drawings and Fragments of Sculpture. Kyoto Sowin International, Kyoto, Japan. BRYAN HUNT 24 PUBLIC COLLECTIONS Akron Museum of Art, Ohio Albright-Knox Art Gallery, Buffalo, New York Arkansas Art Center, Little Rock, Arkansas Art Institute of Chicago Dallas Museum of Art Des Moines Art Center, Iowa Fogg Art Museum, Cambridge, Massachusetts Frank Lloyd Wright Fallingwater Conservancy, Kaufman House, Bear Run, Pennsylvania Fondation Daniel Templon, Frejus, France Herbert F. Johnson Museum of Art, Cornell University, Ithaca, New York The High Museum, Atlanta, Georgia Hirschhorn Museum, Washington, D.C. Lannan Foundation Lehmbruck Museum, Duisburg, West Germany Los Angeles County Museum of Art Louisiana Museum of Modern Art, Humlebaek, Denmark Massachusetts Institute of Technology, Cambridge The Metropolitan Museum of Art, New York The Museum of Contemporary Art, Los Angeles Museum des 20 Jahrunderts, Vienna The Museum of Fine Arts, Houston, Texas The Museum of Modern Art, New York Museum of Twentieth Century Art, Vienna National Museum of American Art, Washington, D.C. The Newark Museum, New Jersey Newport Harbor Museum, Newport Beach, California Olympic Park, Seoul, Korea Parc del Clot, Barcelona Rose Art Museum, Brandeis University, Waltham, Massachusetts St. Louis Museum, Missouri San Francisco Museum of Modern Art 3 Sheldon Memorial Art Gallery, University of Nebraska-Lincoln The Solomon R. Guggenheim Museum, New York Stedelijk Museum, Amsterdam, The Netherlands Vassar College Art Gallery, Poughkeepsie,New York Virginia Museum of Fine Arts, Richmond Whitney Museum of American Art, New York Yale University Art Gallery, New Haven, Connecticut Peking Cotoneaster TOV "Village" Fixture 4L)t \ \ 68 \ \ Existing Pines 14' Spruce ` a f ftt E.:* \ \ 8150 x 50.4 8- 10' Spruce 9 , \ \ \ 3" PINt 3.0' \ EH AD w/ LEPHONE \X8. 7 s`' clla • _ 1 z'-`- .r1L'? z t,.' i 52.5 Bike Rack Pad (If Needed) 1odj _ ' r a s' j% \ f 2 Aspen (r g Potential Decorative Rocks > 49 l n ; X / 49.6 \ t a ' .L ~'3 G~ I .METE a~ ` T , z~ ~ •'t' ` \Vail Information Map _ \ 500 \ ^•'~,:R r O -j . Lam. ~p r.. i. Drinking Fountain f ELEC MH hX'4. 1'.5 • TELE MH 4" Sandstone on Edge V a~ - - - - Random,\Sandstone PaaI~g ? _ T on Concrete w/ 5 Cut Sandstone, Edge / I s- I ut Concrete Unit Pavers with Soldier Course Edger (Vail Blend) / I x 5 .4 • 49.8 Once the AIPP Board has voted to give final approval to the deaccessioning of an artwork, the AIPP Coordinator shall present the proposal to the Town Council for final approval within 10 days of the AIPP decision. Once the Town Council has approved the deaccession of an artwork, the AIPP Coordinator, the AIPP Board, and Town Attorney are responsible for implementing the deaccession of the artwork. F. CONCEPTUAL REVIEW OF AN ARTWORK PROPOSAL, The applicant may wish to have a conceptual review of his/her proposal by the AIPP Board. A conceptual review gives the applicant the opporunity to discuss a proposal with the AIPP Board. The AIPP coordinator shall schedule the conceptual review request on the agenda of the next appropriately scheduled AIPP meeting. There are no submittal requirements for a conceptual review. The AIPP Board shall not vote on a conceptual presentation. G. TOWN COUNCIL REVIEW OF THE AIPP BOARD'S DECISION ON AN ARTWORK 1. Once the AIPP Coordinator has informed the Town Council and Town Manager of the AIPP Board's decision on an artwork at the next scheduled Town Council worksession following the AIPP Board meeting, the Council may determine it is appropriate to review the AIPP Board's decision at a regularly scheduled Council evening meeting by a majority vote of Council members present at the work session. 2. The Council shall schedule the review within 30 days of their vote to review the AIPP Board's decision with a possible 30 day extension if the Council finds that there is insufficient information. 3. The Council, in considering the AIPP's decision on the artwork, may overturn the decision if they find the review procedures and criteria of the AIPP Program have been violated. 27 H. ART IN PUBLIC PLACES REVIEW FEE The Town Council shall set a fee schedule, sufficient to cover the cost of Town staff time, and incidental expenses to artwork proposals. I. LAPSE OF AIPP PROJECT APPROVAL Approval of an artwork as prescribed by this chapter shall lapse and. shall become void one year following the date of final approval of the project unless prior to the expiration of one year, the proposed artwork construction is commenced and diligently pursued toward completion. However, if there have been no revisions or amendments to the AIPP guidelines which would alter the conditions under which the approval was give, the AIPP Board may extend the period of approval for additional one year periods. 28 IX. VAIL ART IN PUBLIC PLACES PROJECT SELECTION CRITERIA r- A. SITE SELECTION CRITERIA 1. Prior to selecting a site for an artwork, the Art in Public Places Board and/or selection jury, shall take into consideration the following factors: a. The visibility of the site by the general public b. Public safety c. Interior and exterior vehicular and pedestrian traffic patterns d. Relationship of proposed site to existing or future architectural features and toy natural features e. Facility for users and/or interaction of users with proposed artwork f. Future development plans for the area g. Site design, including landscaping, drainage, grading, lighting and seating considerations h. Relationship of proposed art work to existing artworks within the site vicinity i. Environmental impact such as noise and light associated with the artwork j. Public accessibility to the art work, particularly handicap access k. Impacts on adjacent property owners' views 1. Impacts on operational functions (snowplowing, etc.) of the Town B. ARTWORK CRITERIA: The AIPP Board and/or selection jury shall use the following criteria when reviewing an artwork. The AIPP Board may include additional criteria for a specific project. (Please rate and comment on the applicability of the proposal to the criteria below.) Proposal Title: 1 2 3 4 5 (Poor) (Satisfactory) (Excellent) QUALITY AND INNOVATION TIMELESSNESS COMPATIBILITY ` WITH SITE PERMANANCE t PUBLIC SAFETY Additional Comments: V R~O~ 'Q~' F S:, 2 a~ 1 1 X993 May 5, 1993 Ms. Shelly Mello Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Shelly. -~~.sBe de.~r~" 41S+? 51,4 s 9'.:•uM.~ lY '~i Thank you so much for letting me see the enclosed S'a 21,': F. i-a 71 0, 0.'.n7+,~-,: `t transparency and catalog featuring Bryan Hunt's "Terra r Haute." Ca'Z.rfo,rir.ra{' I think it is a wonderful work of art and would 1043i,,11 . 'make an excellent addition to the Art in Public Places fi5~~9.5 '32:2 I Program. 'i` fF~~~'r~~~j7,•, It is my understanding that Bryan Hunt wishes to donate the work to the Town of Vail. I hope this generous offer is accepted. Please let me know what has been decided. All the best... As ever, RCS:mlk tl MEMORANDUM TO: Town Council FROM: Community Development DATE: June 1, 1993 RE: Appeal of a Design Review Board (DRB) decision regarding a deck, hot tub, and required landscaping at 4259 Nugget Lane/ Lot 2, Bighorn Estates Resubdivision of Lots 10 & 11 Appellant: Dr. Robert Kandell v»::.:ta !t'.;r;u; x;rnywr:oarrrr;uy:::v".:uorr.rr:::..:r.:;,v:m•:;r.;r:>rr;awrr..~:.:;;{rrr`<;F7:c;¢•.•:_.•:x:f;:,.,w,w,?. fh!:l rY.: ..Y.: frf'r.':. .,..........:x ...........:..............:•:v:;.;:;.};:::::.::::::.::::::::::::::::::::::..:::::::::•::::•::::::::r:r.....: ...:......r.r........,: f.. n. >'i31'+. f.• •::{:,'i:.}:pri'. : fr+f fii1:.J.-.f i•• :i'it:rf: ..r.•f :1xr: :•r:r •:r~lr r~+~fi~•.•.uw:.,:w: r::::::::::::::::.::~.~:: r:... =:•:;:;.:~:•::•;::c:::•::x;:;::-::~:.or:•:::':::-::r.:•'a;:::~~::trr::r.'i;'•:::.:f ::::r:...~:..:1•: •::/•r•::... rt::-: • r::.r1•,v••:::1:<%......r r..:•:;•::•::.::.:•::> c•::•::•S:: .................:..:::1.•:.• ......_r....... ..............,r C1::•: rr:n. : .t4r:eMn a. • ::::..:».,•:.c: •„rrr:: •::::r. C•rrr:>r:• ;c,•:... <•;:..:::...; . :.r...,..... ,Y...Y in•:.~~..v1.r...~ r1. .x. . This memo summarizes the chronology of events pertaining to a deck and hot tub that were constructed in May 1992 at the Kandell residence, 4259 Nugget Lane, in both side setbacks and the Gore Creek setback without PEC or DRB approval, as well as without a building permit. Dr. Kandell owns the east half of the duplex, and Mr. Pat Dunahay owns the west half. Dr. Kandell makes his primary residence in New York state, and the staff has tried to accommodate his schedule so that he could represent himself at the PEC and DRB meetings on this matter. May 1992 The Office of Community Development was requested to investigate the possible unauthorized construction of a deck and hot tub by neighbors of Dr. Kandell. Subsequent investigation by Town staff revealed that a deck and hot tub had indeed been constructed in both side setbacks and the Gore Creek setback without PEC or DRB approval, as well as without a building permit. Dr. Kandell was contacted and asked to submit a variance application (PEC) and a DRB application so that his request could be reviewed; Dr. Kandell submitted both applications as requested. In addition, Dr. Kandell also appealed to the PEC the staff interpretation of how to measure the setback from a watercourse. July 13, 1992 At this PEC meeting, the applicant appealed the staff interpretation of Section 18.58.30 - Setback from Watercourse, of the Town of Vail Municipal Code. The basis for the appeal was that the applicant felt that the centerline of Gore Creek should be measured to the deepest part of the channel, which is not necessarily the physical center of the creek. In determining the required setback from a watercourse, the Community Development Department staff measures the setback from the center of the creek. Four local surveying companies each confirmed that they measure the centerline of a creek the same way as Town staff. The PEC discussed this matter at this meeting and agreed unanimously to support the staff interpretation, 6-0. December 14, 1992 At this PEC meeting, the applicant requested two side setback variances and a Gore Creek 1 setback variance to allow for the already constructed deck. Specifically, the deck encroaches 15 feet into the side setback on the west and 12.5 feet into the side setback to the east; 7.5 feet is the allowed encroachment for decks located within five feet above grade. In addition, the deck encroaches 21 feet into the 50 foot Gore Creek setback, which is measured from the centerline of Gore Creek; 10 feet is the allowed Gore Creek setback encroachment for decks within 5 feet above grade. The new deck (approximately 364 square feet) was built as an expansion to the existing deck (approximately 442 square feet), with a hot tub located on the new deck. The applicant was present at this meeting and explained to the PEC that he did not know that variances, DRB approval, or a building permit would be required for the deck expansion. IHe explained that he felt his site was uniquely constrained by both the narrow configuration of the lot and by the 50 foot setback requirement from Gore Creek. He also explained that the deck was built larger than he had anticipated, and that he was planning on removing the portions of the deck which infringed on his neighbor's privacy. It should be noted that prior to this PEC meeting, the Town staff was contacted by both Mr. Pat Dunahay, who owns the west half of the duplex, and by Mr. & Mrs. McCue, who are Dr. Kandell's neighbors to the east. Mr. Dunahay's letter to the Town (attached) states that he would not object to the requested west side setback encroachment as long as the deck was cut back to the privacy wall in order to maintain his privacy. The McCue's stated to the Town staff that they would withdraw their objection to the east side setback encroachment if Dr. Kandell would agree to plant five (5) evergreen trees at least ten feet in height between the deck and their property in order to maintain their privacy. Subsequently, in the Community Development Department's memorandum to the PEC, it was recommended that the side setback variances be approved with the condition that the trees be planted as requested by the McCue's. The staff recommended denial of the Gore Creek setback request. It was the consensus of the PEC that the variance requests should be approved and denied per the staff memo (the side setback encroachments were acceptable with conditions, and the Gore Creek encroachment was not). The PEC stated that the landscaping to mitigate the east side setback encroachment (towards the McCue residence) should be determined by the DRB. The vote was 6-0 on this matter. Dr. Kandell expressed that this was acceptable and that he would not appeal the PEC's decision. April 21, 1993 The DRB visited the Kandell residence during site visits, whereupon Mr. Dwight Kudel represented Pat Dunahay in this matter. Mr. Kudel explained to the DRB that Pat Dunahay was requesting that the deck be cut back to the shared privacy wall in order to maintain privacy to the Dunahay residence. Comments on-site by some of the DRB members included that the deck did not appear to meet Building Code standards. At the DRB meeting, at which Dr. Kandell could not attend in person due to his residence out of state, a conference telephone call took place so that Dr. Kandell could represent himself. Dr. Kandell stated that he did not wish to plant any trees to mitigate the visual impact of the deck, and requested that the DRB review his application accordingly. Comments from the DRB included that the trees should be planted. The DRB approved, by a vote of 4 to 1, the design for the deck, hot tub, and the landscaping to screen them, with the following conditions: 2 1. That the deck be brought into conformance with the Uniform Building Code, subject to the inspection and approval of the Town of Vail Building Department. 2. That the deck be cut back approximately 12'-8" to the existing privacy wall that is shared between the Kandell and Dunahay residences (duplex structure). From this point on the privacy wall on the west, the deck shall be cut back in a straight line to the northeast comer of the deck. (A sketch of this configuration is attached.) 3. That in no case may the deck exceed five (5) feet in height above existing grade, measured from the existing grade to the top of the decking. (Community Development staff has field verified the height of the deck at the privacy wall to be approximately 3 feet, and at the northeast corner of the deck to be approximately 4'-6".) 4. That a minimum of five (5) evergreen trees 10 to 12 feet in height be planted between the deck and the McCue's property directly to the east to mitigate the visual impact of the deck. (Please see the attached sketch for approximate location of these trees.) Further, the DRB and the PEC have required that ALL conditions of approval be implemented (or the entire deck removed) by Memorial Day (May 31), 1993. Dr. Kandell has been Informed by town staff that failure to do so will result In the Issuance of a citation by the Town of Vail for the construction of an Illegal and unapproved structure. Dr. Kandell was sent a written copy of these conditions of DRB approval, at which time he elected to appeal the DRB's decision to the Town Council. April/May 1993 Community Development staff has had conversations with Pat Dunahay, Mr. and Mrs. McCue, and Dr. Kandell regarding this matter. Both Mr. Dunahay and the McCue's are requesting that the conditions of DRB approval be upheld by the Town Council; Dr. Kandell is requesting relief from the landscaping requirement as an approved condition of the DRB. Dr. Kandell is also requesting that a one month extension to the May 31, 1993 deadline for implementing the PEC and DRB conditions (i.e. cutting back the deck and planting the trees) be granted by the Town Council. The Community Development staff is recommending that the Town Council uphold the DRB's decision regarding this matter, and that a two week extension be given to Implement ALL of the conditions of approval (June 15, 1993). The staff feels that this two week extension Is reasonable given the fact that the matter is being appealed to Town Council for final determination on June 1, 1993. attachments cc: Dr. Robert Kandell Mr. Pat Dunahay Mr. and Mrs. Robert McCue Mr. Dwight Kudel Design Review Board (DRB) Planning and Environmental Commission (PEC) 3 March 31, 1993 Timothy N. Devlin Town Planner Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Lot 2, Bighorn Estates, R.esubdivision of Lots 10 and 11 4259 Nugget Lane Tim: Your certified letter to Dr. Robert Kandell dated January 19, 1993, outlined several decisions of the Planning and Environ- mental Commission concerning a deck with hot tub that was built prior to application for setback variances and a building permit. I would like to know if the conditions required prior to the granting of side setback variances have been met or are being addressed. Have plans for the modifications to the deck and hot tub, as well as the approved landscape plan, been received so that the project will be completed by May 31, 1993. I would like to have the opportunity to review the landscaping plan upon receipt by you. Also, what are your intentions if the requirements are not met within the prescribed time limit? The hot tub is now fully operational and being used on a daily basis. This right was not part of any agreement which'I was made aware of and I would like a copy of this permit for my files. Robert G. Mc Cue 4269 Nugget Lane Vail, CO 81657 Extended Page UM 1.1110L) I UKy CC KtrKLbLN I A I Ivtti tUK 'r HK FINEST IN MOBILE & CONSUMER ELECTRONICS y L PAT PUNAHAY 3955 SOUTH MARIPOSA k ENGLEWOOD, CO 80110 .r i April. 28, 1.993 Attention- Tim Devlin Vail Community Development & Planning Commission 75 South Frontage Road West. Vail., CO 81657 Dear Tim, 'i This is to follow up on our conversation of last week concerning my home on Nugget Lane. My position is as stands, t.hn ' dock noo- is to be cut back to the privacy wall to insure my privIrry and preserve the value of my property. y Title, when speaking to Bob last week he asked if it would bo, possible to allow him 2 feet beyond the privacy wall. 7 to-1 him 2 couldn't give him an answer without actually looking tit. it.. After explaining this to my family, they said we jtiil lose t.ho Privacy and they are right. Tt won't work but I want eo to try to cooperate with I)ob. Also, 1 have been intormed that, t u c:t,t, t.}te deck back to the arca Bob asked fox will be. st.i'uc.t.ur.ccl.]y impoSSih]P. ' Consequently, my position stays the .same. Respectfully, :r ~r .t . Pat: Dunahay . is r : . ' • . ~~St s .66~ LL1/ 0 0 - WAC k WAtL~ EX/STl ~rND 3'Amv - - _ yid' ~gp~evE l x~in DUPLEX of DECk 00v y,e.~OF DECK S0UND REBAf LOT 7~• - _ AND WASHER {~firr rW.C.1 V~ ~,J !I '750' C. STRI mar/ n TBA ~~NcP , ~'GJ2 7kc`c5 l0~-1;Z' 3~ O Fj fv F E' PL~in~T~ 7,0 . ~~r•6 5 OT Z `t/T 3 V151JAUY SceF~tJ 0 2 NDcu 5 O~ . S~O ANDNWASHER /tT NOTICE: According to Colorddo lax, you ciu;1 O~ any legal action based upon any defect in. ii within three years after you first discover. f In no event, may any action based "upon duci." this survey be commenced more than ten ye date of the certification shown hereon.-.. { i DATE REVISION P. 0. BOX 978 SUITE 101 077 METCALF ROAD 1420 VANCE STREET 6-17-9 ADDED 100 Yf4R FLOOD PLAN AVON; COLO. 81620 LAKEWOOD, COLO. 80215 (303) 949-5072 ~ ~ (303) 232-0158 4111-t 5 REVISED DECK TELEPHONE 516 - 944.5544 DIPLOMATE. AMER. BOARD OF PEDIATRICS ROBERT LEWIS KANDELL, M.D. 319 PORT WASHINGTON BLVD. PORT WASHINGTON. N. Y. 11050 oo'PE C oYv 9-^V 0~-e e-4 v A c° PUBLIC NOTICE VAIL TOWN COUNCIL MEETING SCHEDULE (as of 6/15/93) JUNE, 1993 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times: EVENING MEETINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation and public audience for conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on the alternating Tuesday afternoons, i.e., the second, and fourth Tuesdays of each month. Unless otherwise noted, a brief overview work session for Council will precede the evening meetings, from 6:30 P.M. - 7:30 P.M. THE JUNE, 1993, VAIL TOWN COUNCII. MEETING SCHEDULE IS AS FOLLOWS: Tuesday, June 1, 1993 Work session 5:00 P.M. Evening meeting 7:30 P.M. Tuesday, June 8, 1993 Work session 2:00 P.M. (starting time determined by length of agenda) Tuesday, June 15, 1993 Work session 5:00 P.M. Evening meeting 7:30 P.M. Tuesday, June 22, 1993 Work session 11:00 A.M. (starting time determined by length of agenda) Tuesday, June 29, 1993 Special Work session...... 4:00 P.M. TOWN OF VAIL Pamela A. Brandmeyer Assistant to the Town Manager 1 ` PUBLIC NOTICE VAIL TOWN COUNCIL MEETING SCHEDULE (as of 5/28/93) JUNE, 1993 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times: EVENING MEETINGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citiZen participation and public audience for conducting regular Council business. WORK SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on the alternating Tuesday afternoons, i.e., the second, and fourth Tuesdays of each month. Unless otherwise noted, a brief overview work session for Council will precede the evening meetings, from 6:30 P.M. - 7:30 P.M. THE JUNE, 1993, VAIL TOWN COUNCIL MEETING SCHEDULE IS AS FOLLOWS: Tuesday, June 1, 1993 Work session 5:00 P.M. Evening meeting 7:30 P.M. _Tuesday, June 8, 1993 Work session 2:00 P.M. (starting time determined by length of agenda) Tuesday, June 15, 1993 Work session 6:30 P.M. Evening meeting 7:30 P.M. _Tuesday, June 22, 1993 Work session 2:00 P.M. (starting time determined by length of agenda) Tuesday, June 29, 1993 NO Work session TOWN OF VAIL Pamela A. Brandmeyer Assistant to the Town Manager