HomeMy WebLinkAbout1995-04-18 Support Documentation Town Council Work Session
i,n-
VTOWN COUNCIL
1NORIC SESSIOIV
. TUESDAII y ArA-9IL 18y tl 995
2:00 P.M. IN TOV COUNCIL CHAMBERS
1. Vertical Marketing/Celtic Festival. 2. Site Visit -,4lpine Standard/Amoco Sign Variance Request.
3. Site Visit to Review Proposed Open Space Zoning Changes.
4. Mortgage Guarantee Program.
5. Ten Year Financial Presentation in Preparation for 4/25/95 Council Goal Setting.
6. Information Update.
7. Council Reports.
8. Other.
9. Executive Session - Legal Matters.
10. Adjournment.
WOTE UPCOMING MEETIPIG START 7iMES BELOW:
(ALL TVMES c4FdE APPIFiOXIiIAATE AND SUBJECT TO CCiANGE)
0 O • • • • •
THE NEXY VAIL TOWN COUNCIL REGULAR WOR6C SESSION
WILL BE ON ?IJESDAY, 5/2/95, BEGIIVNING AT 2:00 P.M. IN TOb COUNCIL CHAMBERS.
THE FOLLOWING VAIL TOWN COUNCIL FiEGULAR WORK SESSION
!AlILL BE ON TUESDAY, 5/9/95, BEGIhIWING AT 2:00 P.M. IN TOV COUNCIL CHAfVIBERS.
YQiE PlE3tY NAIL TOWPV COUNCIL FiEGULAFd EVENING MEETIFlG
WILL BE ON 'PUESDAY, 5/2/95, BEGIIVNING A7 7:30 P.M. IIV TON COUNCIL CHAMBERS.
~ ~ • • • ~ •
C:WGENDA.WSE '
B VAIL TOWfV COUNCIL
WORK SESSI~N
TUESDAY, APRIL 18, 9995
2:00 P.M. IN TOV COUfVCIL CHAIIABERS
EXPAIVDED e4GEhIDA
2:00 P.M. 1. Vertical Marketing/Celtic Festival
Tom Britz
Pam Brandmeyer
AHike Rose
Todd Oppenheimer
2:30 P.M. 2. Site Visit - Alpine Standard/Amoco Sign Variance Request. Sign to be
Randy Stouder located at the Vail Alpine Standard, 28 Vail Road, Vail Village 2nd.
Applicant: Doug Sterkyl.
,4CTIOfV REQUESTED OF COUfVCIL: Approve/deny/modify the sign
variance request.
BACKGROUND RATIONALE: On April 5, 1995 the DRB voted 5-0
recommending approval of the variance request. The changing geometry
and landscaping of the main Vail interchange related to the construction of
the roundabout necessitates re-orientation of the sign. Since the sign has
to be re-oriented and reconstructed for effective signage purposes, the
applicant wishes to take this opportunity to update all signage on property
to reflect the current corporate name (Amoco) and reduce the non-
conforming aspects of the signage to the maximum extent feasible (see
staff memo).
ST,4FF RECOMMENDATION: Approve variance request with conditions
in staff memo.
2:45 P.M. 3. Site Visit to Review Proposed Open Space Zoning Changes.
Jim Curnutte
Russell Forrest ACTION REQUESTED OF COUNCIL: Conduct site visits to select
proposed properties for down zoning and determine if the down zoning is
appropriate at this time.
BACKGROUND RATIOIVALE: One of the Vail Comprehensive Open
Lands Plan "next steps" is to review and make necessary zone changes
to open space parcels in the Town of Vail to both ensure the protection of
sensitive parcels and to address legal nonconforming uses. In ihe Fall of
1994, staff completed test changes to the iVatural Area Preservation,
Outdoor Recreation, and General Use Districts. Staff is currently proposing
to change the zoning on approximately 60 parcels and would like to revievu
these proposed changes with the Town Council. The process for these
changes involves the following consecutive steps: 1) amend the Vail Land
Use Plan to address inconsistencies with actual land use and 2) change
the zoning.
STP?FF RECOMMFNnnrinN• KI/a
1
4:15 P.M. 4. Mortgage Guarantee Program.
Bob McLaurin
Tom Moorhead ACTIOiV REQUESTED OF COUNCIL: Consider Master Mortgage Loan
Andy Knudtsen Agreement, Deed Restrictions and Guidelines for Type A EHO's.
Mark Ristow
BACKGROUND RATIONALE: Council has directed staff to work with First
Bank to establish a program which will provide Town of Vail guarantees
that will allow the Bank to offer a loan which has a lower down payment
requirement. This program will assist local employees to purchase housing
in the Town of Vail.
STAFF RECOMMENDATION: Provide direction to staff for adoption of
resolution and implementation of program.
5:00 P.M. 5. Ten Year Financial Presentation in Preparation for 4/25/95 Council Goal
Setting.
5:15 P.M. 6. Information Update.
5:25 P.M. 7. Council Reports.
5:35 P.M. 8. Other.
5:45 P.M. 9. Executive Session - Legal Matters.
6:15 P.M. 10. Adjournment.
IdOTE UPCOMING AAEETIIVG START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
•0 s••••
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE OPI TUESDAY, 5/2/95, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 5/9/95, BEGINPIING AT 2:00 P.M. IN TOV COUNCIL CFiAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, 5/2/95, BEGINPIING AT 7:30 P.M. IFV TOV COUNCIL CHAMBERS.
• • • • 9 • •
C:WGENDA.WSE
2
VAIL TOWIV COUNCIL
EVEn?INCa flAEETI1V~
TUESDAY, APRIL 18, 1995
7e30 P.M. BN TOl/ COUNCIL CHAAABERS
A(aENDA
1. CITIZEiV PARTICIPATIOftI.
2. Ordinance No. 5, Series of 1995, first reading of an animal control and carriage operations
ordinance.
3. Ordinance No. 9, Series of 1995, first reading of an ordinance rezoning TraCt C, Vail Village First
Filing/967 Vail Valley Drive from the General Use Zone District to the Primary/Secondary Residential Zone District. Applicant: Pat Dauphinais.
4. Ordinance No. 8, Series of 1995, second reading of an ordinance repealing and reenacting
Ordinance No. 7, Series of 1993 to provide changes to Area A requirements for SDD #4 that
concern the development plans for the Westhaven Condominiums (The Ruins) Development site
and setting forth details in regard thereto.
5. Resolution No. 11, Series of 1995, a Resolution designating Bank One UVisconsin Trust Co., iV.A.,
the One Group U.S. Treasury Securities Money Market Fund, 111 East Wisconsin Avenue,
Mifwaukee, VVI 53202 as a money market account for the funds of the Town as permitted by the
Charter of the Town, its Ordinances, and the Statutes of the State of Colorado.
6. ,4lpine Standard/Amoco Sign Variance Request.
7. Town Council Call Up of Village Center Addition.
8. Town Manager's Report.
9. Adjournment.
NOTE l9PCOMIPIG MEETIPIG S7ART 1'IRNES BELO{N:
(ALL T1U9ES ARE APPROXIMlATE AND SUBJECT TO CHANGE~
0 (D 0 0 • 0 *
THE R9EXT !/AIL TOWRf COUNCIL REGULAR WORK SESSIOM
WBLL BE 06d TUESDAY, 5/2/95, BEGIIVNIIdG AT 2:00 P.M. 9N Tpy COUNCIL CHAMBERS.
THE FOLLOWSNCa VAIL T'01NN COUNCIL REGULd1R lnIORK SESS901V
1R/ILL BE 0N T'UESDAY, 5/9/95, BEGIIVNING AT 2:00 P.M. EP! TO!/ COUNCIL C1iAMBERS.
THE GdE2fT NAeL TOlNN COUNCIL REGULAFi E!/ENING RNEETItVG
!IP/ILL BE ON TUESDAY, 5/2/95, BEGIPdOVIFVG AT 7:30 P.M. AN 1'Oy COl3NCIL CFlAWIBERS.
~ ~ • • • ~ ~
C:UIGENDA.TC2
VAIL T01A(N COUNCIL
EVENING MEETING
. TUESDP9lly AP1'7IL 1pg 1995
7:30 P.M. ON TOV COUNCIL CHAAABERS _
EXPANDED AGENDA
7:30 P.M. 1. Citizen Participation.
7:35 P.M. 2. Ordinance No. 5, Series of 1995, first reading of an animal control and carriage
Tom Moorhead operations ordinance.
Bob Slagle
ACTION REQUESTED OF COUNCIL: Approve/deny/mod'rfy Ordinance No. 5,
Series of 1995 on first reading.
BACKGROUND RATIONALE: After tvvo work sessions, a comprehensive animal
control ordinance which also addresses horse carriages is presented for
consideration.
STAFF RECOMMENDATION: Select 1 or 2 afternatives for control of animals.
Either the leashitethering requirement as presently exists or as presented in the
new ordinance.
8:35 P.M. 3. Ordinance No. 9, Series of 1995, first reading of an ordinance rezoning Tract C,
Jim Curnutte Vail Village First Filing/967 Vail Valley Drive from the General Use Zone District to
the Primary/Secondary Residential Zone District. Applicant: Pat Dauphinais.
ACTION REQUESTED OF COUIVCIL: Approve/deny/mod'rfy Ordinance No. 9,
Series of 1995 on first reading.
BACKGROUND RATIONALE: On February 27, 1995, the Water District received
Planning and Environmental Commission (PEC) review and approval of their
request to change the Vail Land Use Plan designation of this property from park
to Low Densiry Residential. On March 7, 1995, the Vail Town Council approved
Resolution No. 5, Series of 1995 which authorized the change to the Vail Land Use
Plan from Park to Low Density Residential. Resolution No. 5 contained five
conditions uvhich must be addressed by the applicant prior to the transfer of
ownership of the property. On April 10, 1995 the PEC unanimously approved the
UVater District's request to rezone Tract C from the General Use District to the
PrimaryiSecondary Residential Zone District (see attached staff memorandum to
the PEC and draft copy of the meeting minutes from the April 10, 1995 PEC
meeting).
STAFF RECOMMENDATION: Approve Ordinance No. 9 on first reading.
8:45 P.M. 4. Ordinance No. 8, Series of 1995, second reading of an ordinance repealing and
Andy Knudtsen reenacting Ordinance No. 7, Series of 1993 to provide changes to Area A
requirements for SDD #4 that concem the development plans for the V1lesthaven
Condominiums (The Ruins) Development site and setting forth details in regard
thereto.
ACTION REQUESTED OF COUNCIL: Approve/deny/mod'rfy Ordinance No. 8, Series of 1995 on second reading.
v~.v~ ~vvilfv
DAV/~pn~ip~n /1pT1I1pler- vi reU1Udry L%, lyyJ, ine F~CCi voted 4-1
recommending approval of the requested major amendment to the Cascade
Village SDD. Please see the attached staff memo.
STAFF RECOMANENDATION: Approve Ordinance No. 8 on second reading.
9:15 P.M. 5. Resolution No. 11, Series of 1995, a Resolution designating Bank One Wisconsin
Steve Thompson Trust Co., N.A., the One Group U.S. Treasury Securities Money Market Fund, ili
East Wisconsin Avenue, Milwaukee, WI 53202 as a money market account for the
funds of the Town as permitted by the Charter of the Town, its Ordinances, and
the Statutes of the State of Colorado.
ACTION REQUESTED OF COUNCIL: Approve Resolution No. 11, Series of 1995.
BACKGROUND RATIONALE: Our long-term investments managed by Dana
Advisors is currently safekept at Colorado Nationat Bank. We want to move the
safekeeping to Bank One whose annual fees are less than half of Colorado
National Bank's fees.
STAFF RECOMMENDATION: Approve Resolution No. 11.
9:20 P.M. 6. Site Visit - Alpine Standard/Amoco Sign Variance Request. Sign to be
Randy Stouder located at the Vail Alpine Standard, 28 Vail Road, Vail Village 2nd. Applicant:
Doug Sterkyl.
ACTION REQUESTED OF COUNCIL: Approve/deny/modrfy the sign variance
request.
BACKGROUND RATIONALE: On April 5, 1995 the DRB voted 5-0 recommending
approval of the variance request. The changing geometry and landscaping of the
main Vail interchange related to the construction of the roundabout necessitates
re-orientation of the sign. Since the sign has to be re-oriented and reconstructed
for effective signage purposes, the applicant wishes to take this opportunity to
update all signage on property to reflect the current corporate name (Amoco) and
reduce the non-confomiing aspects of the signage to the maximum extent feasible
(see staff memo).
STAFF RECOMMENDATION: Approve variance request with conditions in staff
memo.
9:35 P.M. 7. Town Council call up of the PEC approved major exterior afteration of the Village
George Ruther Center Building (LaTour Restaurant, Cleone's and Gotthelf's Gallery). Located at
122 East Meadow Drive. Applicant: Fred Hibbard.
ACTION REQUESTED OF COUNCIL: Acknowledge the applicanYs request to
withdraw the major exterior afteration approval.
BACKGROUND RATIONALE: At the April 11, 1995, Town Council meeting the
Town Council members unanimousty approved a motion to call up the PEC
approval of the major exterior alteration and conditional use permit for an outdoor
dining deck request for the Village Center Building. The major exterior alteration
and conditional use permit request was unanimously approved by the PEC on
April 10, 1995.
Upon hearing of the Town Council's desire to review the PEC's decision, the
applicant, Fred Hibbard, has requested to have the item withdrawn. STAFF RECOMMENDATION: fV/A.
9:40 P.M. 8. Town Manager's Report.
9:45 P.M. 9. Adjournment.
NOTE UPCOMING MEETING S'TART TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
C o Z'' !r a
TNE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 5/2/95, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 5/9/95, BEGINNING AT 2:00 P.M. IfV TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
- WILL BE ON TUESDAY, 5/2/95, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAAflBERS.
INORK SESSION FOLLOIN-UP
~
LTOPIC QUEST906VS FOLLOUV-UP SOLUTIONS
1995 Current discussions presume a decision in 6 months (April '95). VA has
10119 SNODU STORAGE LAND LARRYIBOB McL: Immetliately pursue purchase from VA asked to dump snow at this location. Because of our environmental
PURCHASE of current snow storage site, as well as another 10 acres liability, this request was denied. Larry, Bob, and Tom are following up.
adjacent to the uvest. Joe Macy was in to see Larry again this week. Has taken the lease to VA
attorneys to address environmental liability issue.
02/15 CHUCK ANDERSON YOUTH PAULIJAN: Contact VRD about moving up the selection Met with ail principalslheadmaster/and Superintendent of Schools on
AWARD process to allovu awards to be given during Niay PRIOR to 3123/95, and will continue to follow up on this auspicious beginning to
(request: Strauch) gratluation or to be included with the graduation create a neuu scholarship program to replace this previous award.
ceremonies.
03108 UNDERGROUNDING OF UTILITIES LARRY: Create a Master Plan to phase the undergrounding Larry has memo in process. Jan asked again the status of Cascade Club
MASTER PLAN of all above-ground utilities within Vail. additions? Undergrounding requiretl already for new proposals. vpdate?
(request: Council)
01/24 10TH MOUNTAIN DIVISION PAM: Coordinate a reception, possibly in conjunction with Pam has spoken with both Earl Clarke and Frank Romano and met with
RECEPTION Coloratlo Ski Museum (Lucy Babcock) for May 28, 1995. Lucy Babcock 2/13195. "Host" hotel will be the Vail Village Inn. More
Coordinate partnerships in this effort w/VVF, VA, VFW, etc. details to follow. Banner at the Library to celebrate this memorial.
02/07 "NEED LIST" FOR '99 ALL: Finalize list with departments and Council for Following the 2114195 council work session discussion Bob and Merv met
CHAMPIONSHIPS presentation to State. with VVF to review their needs for the '99 Championships. INe are
compiling a combined list to discuss with Larry Kallenberger of Dept. of
Local Affairs. This meeting will likely be held in approximately one month.
02/21 MORTGAGE GUARANTEE BOB: Follow up with Firstbank, or if they are unwilling to Staff has been working with Mark Ristow and Norm Helwig in preparation
PROGRAM proceed, any other bank who's shown interest. for discussion at April 18, 1995 work session.
02/21 CHILDCARE/JOHANNES BOB: Johannes has expressed an interest in Steve will follow up w/ABC School (Holly Bukacek) since ABC is currently
FAESSLER providing/maintaininglsubsidizing childcare for the "general considering an expansion of their current facilities. Paul will contact
public" at the Mountain Bell site. Follow up on this inquiry. Johannes to determine how serious his original offer was.
April 14, 1995 Page 1 of 2
P3/21 "ORDINANCE REVISION TOM: Prepare ordinance re: PEC call-ups to change Tom will prepare memorandum for Council.
Council time frame to 10 days to coincide with language for
applicants and adjacent property owners.
04104 TOvR@SNd D9STR9C'V BOBITONd: Follow-up wifh apppopriate process and
(request: Strauch) legislation to promote and create a '6'oupism District.
April 14, 1995 Page kof 2
VMI 3039491922 P.02
V~~~ ~~~ciznar~ona1 Ce1~~c F~~~~vcLI .
Town of Vail
, . ,
Town Council Work Session
Tuesday, April 18, 1995
Ag@Y1Ca . ,
. I . .
1. Cify of Denver Pipe Band representatives
Desi Sarnella, Business Manager ~ .
non McKee, Drum Major : ; .
1 2. Fesfival overriew & potential Impacts on Vail ~ .
• J Tom Britz, The VMI Group, Inc.
Tim St Germain, The VMI Group, Inc.
3. Ogaerational oderview
Pat McCullough, Celtic Events & EntertainmenC
~ ; 4. Fonnal geqtcest ffog an-kind support
(Assumes we will work closely with staff on pre-planning and impleznentatianl
~ .
-Increase Bus Schedule
-To normal peak season volume from off-season voiume; needs to b
adjustable, based on actual number of guests/visitors we experience, ~
j Friday aftemapn/evening, Saturday and Sunday.
•:I.;• ~ i , ~
oAdditional aus Route/parking structures to Ford Park dropoff
-Village structure to Ford Park, 2-4 buses dedicated to round trip . '
transport, at est. $50/hr/bus cost for both Saturday and Sunday.
;r: , •
-Labor for festival setup and cleanup ~
.
-RecXuest Public Works staff assistance for Thursday, & Friday, Septe er
2 t-22 for festivai setup, and Monday, September 26 for cleanup. For
Park needs to be back to normal by approx. 1 pm on Monday.
-Labor and equipment (cherry picker) to put up and take down Celtici . ;
Nation flags at various flagpoles around Vail, as well as two banner
assuming approvals are granted.
~ ; i :
l -Cleanup assistance after Celtic parade Friday evening. ~
-Increased Police patrol of festival grounds, traffic control, nighttime ground
security/patrol. ~ . ~
: ~
, VMI 3039491922 P.03
I ~i1 ~ i 1 ' ~ ?
VAIE .
i , ~ i' ) i • ; ~OTZflJ •
. : j ' ~ o •
Hosted by the City o¢ Denver Pipe Band ;
September 20-24, 1995 . . : ~ . At the Peak of Autumn ~
. . Colour
One of the largest pipe band competiPion ever?4s in the U.S; nearly 40 plpe bands to compete, Inclu ing the 78th
' Fraser Highlanders, Simon Fraser University, St, Thomas Pol?ce, qnd HQlifax Police;
I Four of the 4op pipe bands In the 1ldorld! Officially sanct;oned by the Western U.S. Pipe Band Assoc Pian, with
adjudica4ors provided by the Royal Scottish Pipe Band Associatlon. i ~ ;
The Iargest Ir{sh dance competitlon outside of the UUorld or North American Championshipsi , with n arly 300 competitors including the Peigning VVorld qnd North Amerlcdn Cham ions ~
p , hosted by the cTeggc~rt lrish Stepdancers of Colorado, and stancPioned by An Commisuin lta Rfncl Gpelachcs (The (rish D nce Commission),
1; 1: A P.re-Am fraditionQl Celtic athleflc competition, including an Invitational with tap Pro's compering for t ousands of
;
dollars in cashl
Tyvo Premendous Ahassed Bands performances with nearly Q thousand plpers and drummers'playing Pogether(
' The regimenbl pageantry of two Drum Major competitions! •
;
~ The IargesP parade In VQiI's historyl Gmnd Marshal) Dr. Thomas Sutherland will lead nearly a thousan pipers an~
drummen, hundreds of dancers, and mdny, many Clan members. ;
j; A "UVarld FirsP" evening with tvvo world-class pipe bands peforming together at the new Events Ce ter of the ;
Nqtional UVestern Complex In Denver. The Halifax Pollce Pipe Bond ancl the North Coast Pipe Band two o$ 4he
Pop bands in their respective countries.
,
411
. . ~
A gathering of the Cfans,
Tfie music and dance of CeIhlldh Ni hts thr ~ - ,
g oughouVail Village on both Fnday and Saturday ev nings. -
A concert speciricular ot Dobson Arena featuring the Tannahill Weavers from Scotland
and the Irish al1-female band, Cherish the Ladies I '
ScotPish Hig~,I
i~ and Dance Compe4iPion, with nearly a hundred dancers cvmpeting from all over the ontinenp. :
i' A formal single malP scopch 4qsting presenPed by the Single Malt Scofch Soclety at the exclusiv Saddl ridge Clu6,
~ . ,
~
e
The Irish-Amerlcan CulturQl Institute Pragram
A Scotch Daubles Golf Outing
fI 1 I i i ' ~ ~ . .
, A f r e e s P u d e n 4 c u l t u r a l l y e n r i c h i n g p r e s e n t a t i o n i n D e n v e r a n d in E agl e C o u n ty, pA T H O U N D Y E~ 1 R S O F
HISTORY", featuring the hsPory oF the Clans, the meaning of the tartans, the militqry orlglns o¢ the ba g pi p es, : . . e , .
I . .a
~S ~•l~ Y~ Xe:
Property Legal Description Property owner and Purchased From/Covenants & Unique Features and Current Proposed Land Use
Number and Address of Assessors Parcel Restirictions Comments/Hazarads, Zoning Zoning Plan
property Number Destination
From/To
6 Lot 10, Bighom Town of Vail Henrey L Brey, ,($111,143) May Possible trailhead . Hazards: Duplex OR LDR/OS
Subd 4018 Willow 2101-122-15-006 1980/ Bighorn Covenants Lots High debris flow, high hazard
Way 1-18 shall•only be used (or rock fail and snow avalanche
private res. influence zone
8 Unplatted land Assessor says Town Eaton Land & Cattle, ($150,000) Sensitive Bighorn Sheep winter Duplex 8 NAPD OS
noriheast of Pitkin of Vail April 1982. No Covenants found range, 5.13 acres. Hazards: NAPD
Creek Meadows 2101-122-00-001 Medium debris flow.
21 Tract A, Vail Village Town of Vail Vail Associates ($10) July 1984/ Natural Open Space 13.07 AOS NAPD 8 OR OS
13th Fling 2101-034-03-002 Tract A shail be used as an acres. Hazards: Medium debris
open area for recreational fiow.
purposes or public and private
schools or muncipal services.
Change requires 66% of .
owners.
23 Tracl B, Vail Valley Town of Vail Vail Valley Inc, 1977/Dedicated HazaFds: High debris, GU NAPD LDR/OS
3rd Fiing 2101-091-03-015 to the Town as Public Use avalanche, high rockfall, snow
District. avalanche influence zone.
24 Tract F, Vail Village Town of Vail Vail Associates, ($10), Nov _ Hazards: High debris avalanche, P/S NAPD LDR/OS
7th Filing. 2101-092-08-007 1978/ shail be used for such medium rockfall and snow
pursposes as the owners shall avalanche influence.
designate including commercial
use, but can not be inconsistant
with covenanis (75% to change)
25 Tract A and Lots 9, Town of Vail Vail Associates ($10) Jan. 1976/ Hazard on-site. Hazards: AOS NAPD LDR/OS
10, 11 Vail Village 2101-081-16-004 9,10, & 11 shall be used only for Medium ~ocktall, high debris •
101h Filing - private residences, Tract A shall avalanche, red snow
Fairvvay Court be used and maintained at all avalanche.
times as a vacant and
undistrubed open area in its
natural condition.
41 Unplatted parcel of Town of Vail Vail Associates ($10) Cat track may be proposed on AOS NAPD or no . OS
land, west of Lot 2101-072-00-001 1978/Deed- Property shall be this parcel. Hazards: none change
15, Vail Village 6th used for public/governmental
Filing use
43 Unplatted Town of Vail Vail Associates ($10) 1976 The Town may want to consider AOS NAPD and OS & PSP
. /Mountain Bell Site 2101-064-00-001 (US No Covenants found creating a separate zone district GU for
West) for the nursery schools and US nursery
2101-064-00-005 (ABC West Facility. Hazards: school area
School) Moderate debris flow, medium
2101-064-00-006 rock fall. .
(Leaming Tree) •
IVIEMORANDUM FILE COPY
TO: Design Review Board
FROM: Community Development Department
DATE: April 5, 1995
RE: A request for a sign variance for the Amoco/Alpine Standard located at 28 South
Frontage Road WesULot A, Vail Village 2nd Filing.
Applicant: Doug Sterkel represented by Craig Klemz
Planner: Randy Stouder
9. DESCRIPTION OF THE REQUEST
The Amoco/Alpine Standard station is located at the corner of Vail Road and South
Frontage Road at the Four Way intersection. The Town of Vail is proposing to replace
the 4-way stop with a roundabout. When this occurs, the applicant will lose some
visibility due to the proposed landscaping and revised geometry of the new roundabout.
Traffic will enter from Vail Road and exit onto the South Frontage Road. The eastern-
most access into the station, directly from the Frontage Road, will no longer be allowed
due to safety reasons. As a result of-these changes, the owner wishes to slightly revise
the location of his free-standing sign and update both the free-standing sign and the
building's wall sign to reflect the proper corporate name of AMOCO.
The Alpine Standard has two existing signs, a wall mounted and a free-standing sign...
_ Existing signs indicate the old corporate name of "STANDARD" on the free-standing sign,
and "ALPINE STANDARD" on the wall sign. The free-standing sign is located on the
applicanYs property at the southwest corner of the 4-way stop. It is comprised of the old
corporate shield (plastic) with reverse lit pan channel letters (opaque plastic), mounted on
a heavy stone base. The maximum height of the sign is 13.5 feet above grade, or 11.5
feet above the top of the planter into which it is incorporated (see attachment #1). The
allowed maximum height for a free-standing sign is 8 feet, thus, this sign is currently non-
conforming by 5.5 feet.
The existing wall mounted sign is located over the door of the service station, and is
comprised of wood letters nailed directly to the facade of the station. The size of the free-
standing sign is approximately 15 square feet and the wall mounted sign is approximately
18 square feet. The total existing square footage of signage on the property is
approximately 33 square feet. A maximum of 20 square feet of sign area is allowed, thus,
the signage on the property is currentty non-conforming by 13 square feet.
The new free-standing sign is proposed to be reoriented (see attached site plan) so that
its face is oriented for better visibility when the proposed roundabout is installed. The
new free-standing sign is 13 square feet in size and with a maximum height of 10.5 feet
above the top of the planter, or approximately 12.5 feet above the grade in front of the
planter. Although this is a 1-foot reduction in height from the existing sign's elevation, the
proposed sign will still exceed the 8-foot maximum height limitation necessitating this
Q l '
variance request. The new wall mounted sign would be 7 square feet in size and would
remain in the existing location. Thus, the applicant is proposing to reduce the overall size
of signage to 20 square feet, which eliminates ihe existing non-conformity in regards to
maximum size allowed.
In summary, the applicant intends to reduce the existing, excess sign square footage
down to the maximum allowed, size.of 20 square feet.. Although the applicant is proposing
a free-standing sign that will result in a one foot reduction in height from the current
elevation, the sign will still exceed the maximum allowed height of eight feet. The
applicant and his sign consultant feel that reducing the sign height further, in order to
meet the eight foot height limitation, would not provide reasonable visibility when the
redesign of the interchange (roundabout) occurs. Thus, the applicant is requesting a
sign heigh4 variance of 4.5 feet, to allow for a new free-standing sign at a maximum
heighY ofi 92.5 fee4 above fhe grade in front of 4he planter.
IB. FINDINGS AND CRITERIA
Before the Design Review Board acts on a variance application, they must review the following
statements and find that the applicant has complied with the intent of each statement:
A. There are sQecial circumstances or conditions applying to the land buildings topography,
vegetation sign structures or other matters on adjacent lots or within the adjacent right
of-way which would substantially restrict the effectiveness of the sign in question•
provided, however, that such special circurnstances or conditions are unique to the
particular business or enterprise to which the applicant desires to draw attention and do
not apply penerally to all businesses or enterprises
Staff Response:
The extensive redesign of the four-way intersection, converting the four-way to a
roundabout, will dramatically change the visual orientation, topography and vegetation in
the vicinity of the service station. Vehicles will be coming from a completely different
angle and the existing vision of the current station sign will be blocked by the raised
topography and landscaping in the center island of the roundabout. The additional height
of the middle of the island necessitates the height variance. Additionally, the current sign
would face the wrong direction and become ineffective given the revised geometry and
topography of the new interchange. The location of this particular business and the
circumstances that necessitate a change to the intersection are unique and special to this . site, and do not apply to the other businesses in Town.
B. -That special circumstances were not created by the applicant or anyone in privy to the
applicant.
Staff Res,ponse:
The circumstances necessitating the need to change the signs are beyond the control of
the station owner. The need to install a modern roundabout at the four-way intersection
is certainly not the doing of the applicant. Traffic volumes in the Town have grown
significantly since the service station was originally constructed. Current traffic volumes,
- . , ~ .
especially at peak times of the day and year, necessitate the construction of a
roundabout.
C. That the granting of the variance will be in general harmony with the purpose of this title
and will not be materially detrimental to the persons residinqor workinct in the vicinitv, to
adjacent property, to the neighborhood or to the public welfare in aeneral. '
Staff Response: .
Sign changes are necessary due to the Town's redesign of the intersection. The
proposed signs update the applicanYs corporate affiliation, and improve the property
aesthetically. Natural materials will replace the plastic of the current free-standing sign,
and lighting will be improved. However, the free-standing sign will be incorporated into a
reworked planter so the sign blends in with the landscaping and becomes less
conspicuous than the current sign with its heavy stone base. The sign's smaller wood
base will de-emphasize its appearance, while its "lolly-pop" silhouette clearly conveys the
message that a service station is located at this corner. The lighting for this sign will be
subdued, much like the current lighting. ~
D. The variance applied for does not depart from the provisions of this title anv more than is
required to identify the applicanYs business or use.
Staff Response:
In regard to reducing or removing the existing nonconformities, staff feels the applicant
has done what is necessary to meet the intent of the Sign Code by reducing non-
conformities to the extent feasible. Staff feels that the revised free-standing sign, even
though it is still 4.5 feet above the current height limitation, meets the intent of the Sign
Code. Staff feels that ihe additional height being requested is necessary for the sign to
be clearly visible from vehicles in the roundabout.
111. STAFF RECOMMEIdDATION
Staff is recommending approval of the requested sign variance to allow the proposed free-
standing sign to extend up to a height of 12.5 feet above grade. Staff recommends that the DRB
impose the following conditions of approval:
1. The maximum square footage for all signage on the property be reduced to 20 square
feet, with the sizes for each sign to be as noted in the applicanYs drawings ( i.e. 13
square feet for the free-standing sign and 7 square feet for the wall mounted sign).
2. The wall sign shall be replaced in the same general location as the current wall sign.
3. The top of the free-standing sign shall be no higher than 12.5 feet above the final grade in
front of the planter in which it is located, or be no higher than 10.5 feet above the top of
the planter surface, whichever is more restrictive.
f:\everyone\randylmemos\amoco405
. _
. . :
.
_
.
.
. - - . . _ - . . ::<<,
' • _
.
:
. . . _ _ - - -
_
- - - . . . . - - . - - -
. . . . _ - . . . . - .
. _
_ - _ _
-
~ .
. . . _ - - , . . . . . = _ , . - - -
.
. _ . . _
.
. .
_ . : _ - . - .
.
: _ . ~
. , . . . . : _ _
_ .
- _ . - - - , . - _v:~
. . o - - - _ - -
: . _ . _ -
. . .
.
.
. - ~ _
. . . _ . _ . _ _ -
: .
_ :.Mti
. . _ _ .
. _ . . .
_ _ _ . - - - -
_ _
~ . _
, . ~ ; . a. : . . . . _ . ' _ _ - , _ ' _ ' " '
'
' . . . • _ _ , _ - - ~ . .
: ' :
•
. . ~ . . . . . . ' _ _
,
-
'
. . . _ . . " _ ' .
.
y ` ,
~ . . . . . . . . ,
'
. . . - . . . . . : . - '
, . .
s '
~ . . . . . - . . . . _ ' . .
: ' .
, . . - . . . . . , . . _
. . . . . . ~ . . . . . . ~ ; ~ . -
. ' - ' " ~ . :
:
, . . '
. . . . . . . ; , . . . : . . . - . - .
. . . . . . . . _ . . . - . . . . ~ . .
.
. . _ _ _ '
` .
- . , ' ' . ' ' '
y''}
~ . ~ . . . . . . ' '
_ .C
~J~(~ ~
~ _ . . ' - . . _ , _ ~ - . " - _
~ ' 1/
.
~
. . . . . . ' ~ -
. . . _ . . . '
. . . . : . _ '.E ~
i. _ i/ ~ _ ..4
, . . . . . . ; :
.
,
. . - . . . _ _ -
~ ~ - ' - ~ - -
- . . . . _ .
. . . . - - - -
~ . . . ~ -
. , . , : _ . - -
. . . . ~ -
'
~ ~
. ~ : r. . ~ : ' ~ - ' - -
y
. . ' ' ' . .
. . ,
: - _
.
- - _ _ _ ~ _ .
..p.
.
. . . _ - . -
, . . .
_
. _ . _
..r
,
~ ~
"
_ . - . _ , , . . . - ` -
~
~
. . - . . _ . . -
. .
. .~c:- . . . . : . - -
' _
- -
~
. - . .
-5"
. , . . ' -
e .
.:r
. . . . , ' ' ' ' "
„ _ ~'r
- . . . . . . , . _ .
. ~ - . . . . . . . _ . - - -
. . . . . ' _
. _ . ~ . . " ' _
. . . . . . . _ _
. -
, - e . . ~ . . J!~~~
r. . - . , r . . . . ~ _ - ' ~ _ _
_ - - _ _ - ~ - ~ ' _ _ _ T ~ l: t ~ ~,i
~
~ . _
_ _ _
t.. . .
~
~ .
- ' 1. ' - - ' - " ~ ` '
~ ~ .
- _ ' f'
~ '
. . . - . ~ ~ ~ ' i ' ~r
. : . . . ' 1
. .
.
_ _ ~ '.~V~.',..~..~."..
_
,
i' .'a - _ ~.J~./~
_ _
a..
- . - ~t:f
. ~ ~ ~ S _ ;4 ~
_y - _
r -
- r.'.:~
- ~ -
~
^V •:-l
~ - ~
~
_ _
- " - - - ~ - ~
~~:>'.~•~•~V:-: _ _ . _ ~r~~
- - -
,
' " ~ ~ ' - _ - - -
.
_ -
. . . -
_
.
.
.
. _
,
~ . ,
. : . . . , . , _ - - - ~ - - - -
~
.
. , : , ' . _ - .
. _ ~
, . . , . . - - -
. . . . . . . . ~ i : .'..i;.~
. . . . _ - . " ' ~ra
- ' - '
. . . . . ' _ _ ' '
~ , a ~ ~ ~ K~i ~Z
. . . ° ~
.
. . . . - . _ . . •
. . . . _ _ - ' ~ - _ -
, . . . . . . ~ .
. ' . . ' ' . " ' , . . _ -S
. . ~ ' ' - - ' '
. , `r
, - -
'
; .
~
. . . : . . ~ -
. .
~
. '
; .
• _ - - - - ' -
~ . _ . . _ . _ _ _
-
' '
t
.
. _ ~ - -
-
. . , . _ _ - -
. : . . . . -
. -
_ . _ . - -
. . - - -
~ . _ _ _
. . . . , . _ - - - ' ~
- . . ' _
- - _
- . _ - - . - - _ ,.S
_ _ _ -
: .
~ • _
, . < . _
. . - - . r:
- . . . . ' . ~ . - -
. , - ~
- - - . . - - - - - - - . _ ~ . _ - ' - , - - -~,r~'c.:~
_
_
: ~
_ ' ~ ' _ . ' ' _
. r'..". . . ' "
_ '
~ ~ _ - ~ . . . . _ ~ - , . -
_ . . ~ . . ' "
. . ' . ~ ~ _ ' - '
. ~
. . . . . , ~ . . . ''-n, ' ' . '
. : ~ .'r4=--~
. . -
. . . -
. . . ' ' . .k'~.'
: : . . _
. ~ _ - - ~
' . . . - - . . ' - - . . . . " " '
~ ' , . . : ~ - _ - _ ' _ _ ' _ _
_ _ _
. . ~ . - ^ A . . . . " ~ . . . ' ':a
- . .
i - . - _
. . . - - - .
. . . . - - - -
. . : = . - -
~
. . . . : : - - -
_ . . , . . : . _
: . . . . = . -
~ _ .
.
.
-
. . _ . _
. . _ _ . _ _
- -
. ;
. . - - _ _ -
,
~
~
. - -
~
. . . .
. , . _
.
a ;:r.' ~ ~
,
~
......T- • . . . q - - - - '
. . . . _ - - - -
. . _ - -
•
~
. _ . , _ . - - -
W ~1
. ~ . . . _ - - - - '
. . . , . . . . ~ ' ' ,
`:X
. . _ . . . _ . . . ~ . . . . - . '
. , _
„ . . . . . ' - - . . . . . - '
~ . : . . . . . . . . . . - - ' - ~ - ' -
. . r_.
. . . . ~ ' - - -
. . ~ ~ . - _ - ~,c
. . . ~ • - -
: _ . _ - . _ - - , - - • -
: -
. . .
~ii
, . - . . . . . . - - ' '
~ ~ - ' ~ ~ - ~ ' ~ - -
. . .
~ . . . . ' - " - ~ ' . ~ . '
_ _ , . . . . - - ' ~ - _ "
. . , . ~ ~=%,s,:
- . . ' _ " :`-Y
~ '
, . ' . ~ 3 ' ' ' - . - . . . _ - ~':+..`.~~r
~ . " . . . . . ~ - . _ ' ; . ' ' . . . - . -
. . . . . . . . . ~ . _ _ , . . . . ~-=d
.
~I ~ -
, .
. . ~ . . " ' '
_ . . . . . . . . - . ~ . . ~ . ~ . ' - ~
. . ' . ~ . . ~ . . " '
. . ~ . ~ . . _
, _ . , . . . _ ~ . '
. . _ . . _ ~ _ i;~-:~
;
. y,
~ ~ ~ ~ .rl ~ ' ~ . . ~ ' : ' ~ ' .,a
_
, , . . ` . ~li . _ . . _ ~Eif~~.T~!~:',~... . . -
. . . _
_ - _ .
~ _ . . _ . - - _ . . _ - :
` -
' _ " _ - ~ - _ -
,
,
' { - y . - 'Y.
. ~ ~ . ~ 1 . . ' - " . . _ . . .
. .
~
I
~ - ~ . ' _ - _
. . . _ - . .
' .
,
: . _ . . . _ . . ~ .
. "
,
' .
. . ~ . ~ . , . . . . . . -
, . . tfl
. . . . . y/ _ .
. . . _ . . r,
_ , " .
. . . _ . ' ; - . . . . - .
-
~
. . . , ~ ~ . . . . . . . _ . . - . -
. . . ~ . , . _ =
_ : - . I - = . ~ _ _ ~
t
: . ~ +~+a.~-~-...~,~...,..r.r.,..~..xm..~w..~...+4....~.,..w-e~.~..~
•
_
, .
, ; . .
. . ~ . . . . . . • .
. . . . . : ' ,
. . . . . ,
~ ~ . . . - . . y. . . , , . . . . . ' . - '
. . ~ • ~ , . . . . . . " . '
_ . . . . ' . " '
. . . . _ . .=5
. . : _ . , . ' ' " _ . • -
.
.
_ . , . - _ : - - - " _
. . . . . " . ' ' ' '
-
. .
,
_ . . . . - ~ ' - . _ ' " ' ' " ' "
,
'
. ~ ~
. . - ~ . . . . . . = - ' ' . _ . . . _ ' ' ' ' '
. . . . ' .
, .
~ - . . . - ' . . . , . " ' ' ' ' ' '
. . . . . ' . . : ~ _ .
.
, , . . . . . . _ . . _ _ , . '
. . . . . _ . . _ " ' ' ' _
_
, .
~ . . . , _ . . _ , - . -
,
' ~
. : _ . . ' _ ' ' ' '
_ ,
~ _
. . . . _ _ _ .
_
. : _
. . . . . . _ '
' ~ ' = ' ~ ~
. . - . . "
.
~ . ° . . . . . . . . . '
.
. . _ _ . . . _ . - . . " ' ~ -
: ~ , ~ - . . ' ' , . . . ,
. _ '
~
. .
. : : _ , _ . ' - . . _ '
. " . ~ :
. . . _ . . . , . '
. .
~ . . - ~ . : : : _ _ - . ~ ~ ~ - - _ _ . . - - ' "'Y"n
_ .
,
. . . . _ . . . . . . - ~ -
. . . -
. . . _ . , . . . . - . ~ . , . . , . _ - . - • - -
~ . . . ~ . _ . . ; , : . ~ . ' -
" .
. . . . . . - . . _ . ~ . _ ' ' - -
. . - . ~ . . . - ~ . . . .
. , _ . . . . . . _ . - _ _ . - ' . - '
: . . . . .
, . . _ . . . - _
. . . . . . . ~ . ~ ' . _ . , _ '.r;
. . . . . .
' ' . . . ~ . . . . . . . _ ' , . ~ . _ - ~
_ _ ' " ' ' '
. ' . - . . ~ . • . ' - - - - - " Y~
. ' - - - ' _ ~ ' " . . ' '
_ ' ' , '
. . . s... . .
....'z- . . . . _ '
~ . ,
. . . - ~ _ - _ ' ' ' ~ '!t:.
: ' ' . ' ' . . . ' - ' ' ' _
. . . , . . . - _ . . . . . . . . " " _ . ' . ' - - X ~t 1~ :1':
. . . . . . • ' ' '
. . _
. , . . _ _ . - . . . - ' '
. ~ . . . ' _ . ' ' - . .
,
. . ~ : . ~ ~ - ,
. . . . . _ .
.
, - . . . ' ' " ' - -
~ _
, . ~ . _ ~ - ' ~"~1'
; : _
. . . . . . : . .Y " _ ' '
, . ~ ~ .
. . . .
. , ~ . - : - - . " ' ' " ' -
.
. , . ..r....~.. : _ , _ . _
.
, _ _ . .
, - . . , -',F,;• `«•~t~
. . . . . ~ . - - ' ~ ~
.~y. _
n . . - . . .
_ _ _ s
. : . . . . . . . . . . r' ~;:,_.r - - ~''r.'~-:=_':'~°'
. ' . ~ - -'a.•
- '
. - . . - _ - ~1'~:. #
_ _
- - _ , . ' ~ "
' - ~
. . .
. . . - .
. .
`
_
.
~ .
~ ~ -
~ . . : :.y'.. _ _ •y,•
.fi
: - ~
. : . . . . . . _ _ _ _ ~ _ ~
. . . - : . . . ' ~
•
: - . ~ . . . r~~a"
i .
. . . .n t _ ~ -
. . . ..i.. . : - . , _
_ i'_ _
. ~ . . - . . ...,a . . ~ . v . - _
` 1 _ ~
. . . . •i...... ~ ' - '
. r - . t
, . ~ . . . - -.5.-. . _ ' ~ . '
, . . . . . . . . . _
U . _ - ' '':'r•~^~~
~ . . . . . - ~ ~ - _
- . ~
.
. :.,.r . . . ~ . ~
- „n ~ . . . . ~ . - _
W
. . . . . ? :..~i_'~~ :
. . . . . ...w • _''~:."I~.;._.` i - ~
,:'~L ~ - a ~ Ir . . . - - '
" "
~ . . - _
- . . . . . ...r.:
_ _
~ " . .
. . . ~ :-i'~~._ . . ,1 _ ' ' ' _ . " ' ~ _ _
. . . ~ . _ - ~ ~ , _ _ _ ~ ~
'
i .:43
~ . . . ~ .
~ . `
. . . . . _ . . ~
_ _ - . . 1 . . . . . . ~ ' _ _
~ _ . ~ . . _ . . . ~ . , ~ . , _ _ - ~ -
y - :
.
~ ~
v~ • . . - . . _ . - _
. ~ . ~
. - . ..'..::'..~..iti . ~ _ ' ?'.l.''~
. ~ .
~ • ' .
. . . i. . . - , . r~ . '
...e' ~
~ . . . . . . . . ' - ' - '
~ ~ . . . . . . • . w~ _ ~ . , i ~ . _ . , ~ -
. . , . . ; ~ . . ~l ~ . . _ . . ~ ~
. . . . . . . . . . . . ~ ~
~ . . . . . ~ . n . . . . i . . _
. ~~~4~~.p~
_
.
' " „ ' ' - - "
' _ . ' ' '
. . , . . . . . .
.
. . „ . . . , _
' - ~t~
- ~~~i ~ . . . . . . . . , '~t-. . - -
. f.. . . . . - " _ _ _ _
.
, . _ _ _ _
'~e . • : '1...
.
'~.i".tt.'
. , i'~~. _ ~
.
•t' ~ - - _
.
- _ _ _ ~ - _ - ' . _ ~ r'~
. . . _
. . . - . . ~ I ~ ....'t ~ . . _ ~ ji..
.
~ . . . . . _ ,
.
. _
_
.
_ . _ . . . ~ ` _ ' . "
.
. . •
. . a:.:. : ; ..1: ._.i:. • - ' _ ' ' _ "1-~ M'• ~J
• : . , `
. ; ~ . . . - . . '1~' '
~ i
..,."_f.. . .>f - . ' . ,
.v • ~ . ' , - - _ ~ ~ Y. _
~~ti ~
. .
~
, . . ~ . ~ . . . . . . ~ . .
i ' y
-
.s.!~~ . . + _ ~ _ . .
. : . _
. . _
. . . _ ; . _
. ..f- ' " : ' '.j' " . _
• .
~ . ' . 4 . . . '
: . .
~ ~ . . . . . . . - - . _ . _ _ ~ _
: . _ ' "~J'
- - r~ - ~ . - _
. " . ~ . " - - . . " -
.
~ . . . . . . . ~ . . - _
.'l, r f ~i~.~`
. . . . . . ! : . . . ~ ' . ~ ~ . . . _ ' ' ' - y.~`
.
. . . . . "
- _
: .
- . . . ~ . . . . ~ : . . _ _ " . " _ _ ~
~
. . . . . ~
, .
.
.
.
: ' - ~ - . _
"
,
'
. . . . a . _ . . . , . . . .
:
'
.
.
~ . . . . . ~ ' ' . . ' ' . _ 4:.y
.
~ _ .
,r~. , . . . . ~ , . . _
: . . - .
. ~ . ' - . '
. . , . ~ . - ~ -
~ . . .
. ' ~ - . • : . _ . _ _ -
. . . . . . '.1:.•
. . .
_ ~ . , ~ ' .
. . . . . . . . , , _
.
' • r ' - -
. : . - - _ . _ . -
.
. . _ . . ~ _ .
. 1.w , . _ ~ - _ . • . _ - . . - _ y.~r
Jy ~ ~ _ - ~ . . . - _ , ~ , • : . = ' ~ -
~ . . : .
.
•;t'
_ `
~ - ~'1 . . . -
. ~ : ~ . . . . . . . , _ . . . .
. y-• . • - "
. . . - - - ~ -
a,,~...~ - ~ .~F~ •~-1.: -
. _ _ _ - _ _
~ r-z "i..'.~. . _ - . . . ' . . " . . - : _ _ -
. , .
R"
. .
- - . . . - '
. ~`a~
.
_.;c?.' - . . , . . .
. . ~ . ' '
~e
. . _ ~ ~ P~r~.. ' _ ' -
~ ~ ~ '
. . . ~ . . .y . ~
_
~ ,i~t - ~ ' - '
. _ , ' ' ' '
- ~ . . - . - . - G~ ~ . ' ' ' - - . ' . r'~y
, . . , . . . ' ~
. , ' " - " ' ' _
' ~
. _
_ . . , ' ' ' ~
: . :
~ ~ . . . ~ ~ " ' "
; . . :
~ ' _ ~ . r . . ' . ' _ . _ _ _ - ~ y,~ ' _ '
_ _ ~}_:~...~r...` .'r;'.-+:i:.
~ .i ~ . .
, _ • ' ' . . '
- y~ ~
. f:"
r'• - - - - - ` -
-
_ _ _ - -
" - - _ .•r`.:' -
- - . - ' - `1- -
. - . . . . . =%i
.
. ~ . - • ~ ~'f~.i~• ~ . • - _ - ~
. : - - -
: . _ _
_ . . _ - -
_
. _ - - -
:
: -
. ~ _ - - -
~
Y _ - - - ~
_ . . - . . . . . - -
. _ _ , : ~ - -
_ ti~ _ - -
. . . _ . _ . _ - -
.
'
' - " ' _ -
. . . 1 " _ . ~ ' ' " , ' ' ' ' ' ' _ - .
J _ _ . _ . • • - . , - ~ .'a. .I _ , . . ,
A~'y . _ _ - , - \ . ~ - t
~:'a' ' ~ _ - _ _ ~ _ ~
~ T - ~ _ ~ _ ~ _ _ t:~rJ -
,t_iTM _ . - _ ° - . - . -
'~}a - - - _ _ { y , ,-~u~.~u i ~!~r~
~ ' - ~ ~ - t . ~ ~ ~ :
t1Cs , t. ~t ~ , ~ ~ ,;y ~
, . ~ o.' •
} - - ~ ~.v - ~
- _ ' _ _ ~ . _Yl` t r ' r .vi
:J~. ~ - ~ ~ ~ ^ _ i' _ , s { ? . ~ ~ :
~ ~ ' } y y ~ ~ ~ ~ x ,
~ q ~ ' i ; ~ h , s n '~i~' L~/-.~~iv
j Y 1 ~ l" ~ {
y-- ~ - ~ ~ - ? ~ ~y ~ ~ tJ r
: _ ~
q - - - _ - _ r{~~tL_` ~Ir~ :
. ~ ' _ - . _ - u
. . . - - - - -
. _
: _
..w _ : . , _ ~ -6.~
:r - - T~~ . . - ~ - ~ ~ `t '
- ~ ~,~~.t.1 ~~1:Ah _ _ _ ~ ~ ~ ~ ;
.
~ . -
. _
_
- - -
~ ~ . : : - _ _
. ; . ~ tG- ;
~ . . - _ . . _ _
. , _ .
.
_ .
_ ~
~ , . - _ - - - -
_ - _ _ - - _ -
s . ~ - - , ~ - _ ,i ~ -
'~s~l;. GN~N ~~I~ - . . ' ~ W'-~.l~P ~1"7
- - ~ ~ ` L '
. ~ . #~~~~~~5 . , - . . ~ - i _ ~ , _ - _ _ .
, ;
.
.
.
- ~ - ~ ~ - - -
. . . . , . - - - - - -
;
_ _
;
~ - . ~ - -
- . . ~ - - -
/ ~ .
. -
_ : _ -
. . - -
. _
~ ~ •
_ r . ~~r w . . . ~ : . `~~'t , . ~ .
- ` ~ . f~z:~i3 ' . - '
_
- - _
. .
. , , _ _ - -
-
- . , - _ . . - - - - - - - -
c
. - - - - - -
.:Y. „
. ~ ~
'-o-`" ' ' . . . - . . . ' ~ ~ _ -
_ . . . . _ . . . " _ . "
...t., . ~ . . .:~.r ~ - -
. . . . . : . ~ : -
. . . - _ ' ' - - -
- _ _ . . . - - _ . O _ . ' . - : _ _ - _ _
_ - . _ ~ .1~- >
~
_
. ~
:
- - - ,
_ . - - - - - - _ .
. .
~ .
, . _ . - ~ - -
~
.
~X: j~~ . l-Jc~vt~- .~%~-j~.,., ,
: . ~ - -
. .
. = _ - - -
.
. : . . . , .
. - -
_ . , - - . . . . . . . _ . _ -
- - - - _ - - -
. _ , . _ _ _
_ - - -
.
r: . .
. . _ - - - - -
_ . ~ _
.T
, . . . . - _ _ - - - _
~ . . . - ~ -
_
: _ . _ _ - - - - - -
.
.
.
.
;~w
~ - - . ~ ~ - - - - - _ -
~ . _ . : _ _
_ . - . =
.
- _
; . - - _ _ - - - _
.
_ _ - - - _ - - -
_
.
_ _ - _ - - -
,
,
- . . . . _ , . . . . . . _ _ _
. _
. _ _ _ . . . . - -
, - - - - -
:
. , _ _ . .
_ - -
_ . : ~ . - - = - - - - _ - -
.
.
. , - - - -
- . - - - -
. - - -
j~~: :..~:~:...-s_,,_: . - ,
.s. _ : . - _
. . . _ : ` -
. _ . : . - -
_ . . . .
~ - . _ . . . . _ . ~ _
:
_ . . . . : -
u . _ _ . - -
. . . . . -
. . . _ ;
_ . ~--.T_. ~ 1 ~T'~-1~•,'?I~! f~1C~-...
-t -
.
_ .
.
- .
. _ . - - -
. .
~ ,
; _ .
.
_ _ _
_ _ . _
- - ; -
: . . .1
_ . _ . . . . -
.
_
_ - - -
_ , :
, . . _ :
. ~ - _ -
: - . _ - _ . - -
:y.. _ - - - _ - _ - -
.
_
_
_ - - - - - -
,
_ _ . - . - - - - . _ _
~
~
. . -
. ,
. _ ~ - -
t
. _ . . . - - -
. _ _
. , ~ °
_ , . - - -
~ _ . - f~L~hJ.'~~~ ~ ~
- _ - - . . _ _ , . , _ _
-
, _ _ _ _ -
:
_ ~ -
_ . _ . . . - -
. , . _ , . - _ . -
. .
- , . . _ , . - _ ~ -
. .
. : . - _ . - - - - -
. . . _ , : -
, _ . . _
.
; . . . . - -
:
. .
r ' - _ _ `
. :
_ .
.
. _ .
.
- - - - -
. . ~ - - - -
. _ . . _ . ; . - -
_ - -
, . . , - - '~y..
r.: . - - . _ _ , ~ _ _ -
_ : . . . _
'...~..........~..~.e..._......~ _ -
x.~.. : - - - _ -
, _ . _ _
. _ : - _ - - - - - _
- . -
_ , - - ~F
- . . _ - v - _ _ . -
. . _
_
_ . . _ - . _ _ - - _ -
.
~;r__ . - - - . -
.
_ _ . . . _ _ _ _ .
. r _ , _
. _ _
~ . -
.
_ . . ; _
- _ . . . _ _ _ _ _
. . _ - - - -
Y • . . ~ " . _ . . ~ - ' - - '
T-__.r...._..,~...-~,.-.~..-.~.--.~......,.--.~.......-~~....~. . .~.i-.~....-_..~..,... _ _ ~ _
. . ' . . _ . ' " ' r ~ • - _ ~.V
~ . ~ . _
. . . . . . . . _ . _ _ ; - ,
. . . . . . . . . . ' ' '
. ' . ' . . . ' ' . . . ~ _ . . . ~ ` . .
. .
~ . .
~ ' ' ~ ~ _ . . ' . . - ~ ~ ' . . . ' . ' _ .
'
.
. - . ~ . . . _ . . . . _ .
: .
. . , . . _ _ . .
. ~ . . . . . . ' ' " . ' ' . . - - .
- ~G' 1 t~ _ - _
. . , . . _ - . . ~ . _ . . .
. . ' _ . . . . . . ' ~ ' . .
' ' ~ - • .
"-e
:a
• - ~ ~ ,,r
. . . ' . . : ~ 'Y
~ /
69
-72.
~a9 . . _ i~.o. ~ j: i . . . . . . f ;
\ / 0
Exist.' Tef. Vauft . ~ 4
. . Add Rlsers to I~otc
. . . . . . { .8J" . . . . Proposed Grading T{j -73
_ : .ll ~ ~o . . . /3 B Zo
c ~ ~32 : . . . . ~ See L : _ . .
. ~ fa
Q/ . . . rei.~(o
~ +.8169.52. o
~S ~ .
. ~ z`~/•:..'... 170 / .
. ~ /
. j/~ . , : .
sECnoN. .coRVER .vAuLT
~ ! . . . ~ 8EP1CHfilrPK; .~.•.3 -A • . : - . .
. ' , / • ~ . . GAP~.SE~.iN..CO.N T~•...-. _ .
- J f EIEVaTION--=.' ~.b2'.. .
~emoY*e. dc... -estv6 ' .
/ . : . . . _ . . oth~-9. . . - - .
, . : . .
7-72. . . otch....
.
~R.~ . . ~ . . ~ ~ ~ . .
. . . - . ~J. . . . , _i:
. r~`+ ~ ~ ' ~~SVat• • ~ _ _ . . -
.8 1
..~t..... ~.ueakn.rdrb
. _ . . . _
. ~ . . . .~t:l .
:
. . : .
:1~: .
. . . . . . . :
~ :
. . : : : . - . .
. ::I:~:~;::-~'~ - - ~ . _ - . ~
. . .~t .
.
. Ua<< _ . 4
".`1..~{. ~ . ~ 2-
•
wocc+, c~ - . - - • ~ - . ' • ~ _ _ _ _ . . . - - . . . .
2° nvu+oy co _ .a. . . Q..~• . . _ . . .
)xlstinq asphcit
co1
Zi
4
- - - . . _ attA
_ . .
1 - - curb a
~ ~ . ~ ' 1 ' . . - . - . - ~i~ ~ . to exla: ' - . . . ' _
L
~ : . .
~ ~ . _ ~ . . . . . . . - . . . . , . .k~
•
r
• ~ ` : . r 1 ~'?'~5~.'e%~ ~ ~ j f.~ p.Y~:~:
t j„~"~'~S~' ' i , d TAAf
~ •:-r~ ~ ~ ~ i
_ t~~o- i 'fi `-Y ' 1~.Y~•.:.~ -1`-
1 i_ s• 1„~;~;,' ~ _-F: ~'Y~:
-c--
- ; - ~
i-.~~~ ~ T ~i 1\~i . . i • ~ i
-~+~v / ' ` ` r'~ I ~
I ; ' ~ .~.,~Y. z`~ ~
- , i ~ ,
~~av
~'PTN" ~
~
~
0
d.
NIASTER
fVIORTGAGE LOAN AGREEMENT
This agreement is entered into this day of , 199_, by and between the Town
of Vail (the "Town"), FirstBank of Vail (the "Bank"), and (individually or
collectively referred to as the "Borrower").
Recitals
A. Borrowrer has applied to Bank for a mortgage loan in the amoun4 of $ (4he
"Loan") in connecfiion wifh Town's current Residential Employee Mortgage Loan Program (the
"Program"). In the event Bank determines to make the Loan, Borrower will use the proceeds of
the Loan to purchase a residential dwelling located on the real property more specifically
described in Exhibit A attached hereto and incorporated herein (the "Property"). Borrower has
previously been determined by Town to be a Qualified Buyer as defined in the current Frogram
guidelines. The Property is a Qualified Dwelling Unit as defined below.
B. As one of the requirements of the Program, Borrower must agree to the imposition of
various restrictions upon the use, transfer and marketability of the Property. This agreemen4
contains such restrictions and, when fully executed, shall be recorded in the real estate records
of Eagle County, Colorado. The restrictions in this agreement shall be treated and interpreted as
binding covenants which run with the Property.
C. Providing that Borrower meets and is willing to abide by the credit standards imposed
by Bank as well as the requirements and qualifications required by Town under the Program,
Bank is willing to make the Loan to Borrower.
ACCORDINGLY, the parties hereby covenant and agree as follows:
1. Definitions. As used in this agreement, the following words and phrases shall
have 4he indicated meanings consistent with the context:
1.1 "Qualified Dwelling Unit" means any single or multi-family residential
dwelling or condominium unit located within the boundaries of the Town
and which is capable of fee simple ownership.
1.2 "Qualified Buyer" means an individual who has been determined by the
Town to meet the income, employment, residency and other qualifications
set forth in the Town of Vail Housing Guidelines as adopted and amended
from time to time by Town and which are in effect at the time of closing of
the sale from Owner to Borrower.
1.3 "Owner" means the person(s) or entity which will convey the "Property" 40
Borrower at the closing.
1.4 "Account" means the savings deposit or certificate of deposit accoun4
maintained by Town at Bank for the purpose of complying with the credi4
support feature of the Program.
1.5 "Loan Documents" shall mean the Note, the Deed of Trust, the
Assignment of Rents, this agreement and all other instrurrients executed in
connection with the Loan.
mmlatov.fbv 4/14/95 1
y
, ~ ,
h .
1.6 "Deed of Trust" means the deed of trust or mortgage executed by
Borrower encumbering the Property in favor of Bank in order to secure the
Loan.
1.7 "Assignment of Rents" means the instrument executed by Borrower
assigning any rental income or revenue from the Property in favor of Bank
in order to secure the Loan.
1.8 "Program Documents" shall mean the documents executed by Borrower
and Town which relate in any fashion to the Program and. Borrower's
compliance obligations under the Program. -
1.9 "Program Guidelines" shall mean the written requirements of Town for
eligibility under the Program and all conditions relating to the use,
occupancy and sale of any related residential dwelling by a Qualified
Buyer.
2. Mortqaqe Loan to be Made by Bank.
2.1 Appraisal and Amount of Loan.
2.1.1 The Loan shall not exceed a principal amount which is equal to
90% of the purchase price or the appraised value (whichever is
less) of the Property. In order to determine the maximum principal
amount of the Loan, Bank shall order an appraisal of the Property
to be performed at the expense of Borrower by an appraiser
selected by Bank. fn the event the appraisal report values the
Property at less than the proposed purchase price, the appraisal .
report shall be conclusive for purposes of determining the
maximum amount of the Loan.
2.1.2 A copy of the executed purchase agreement for the Property shal)
be delivered to Bank by Borrower. Bank will be entitled to contact
parties to the purchase agreement and others in order to verify any
aspect of the proposed purchase transziction, and Borrower
specifically consents to these actions and authorizes Bank to
conduct such inquiries and obtain such information as Bank may
deem appropriate.
2.2 Loan Approval and Closinq.
2.2.1 Bank shall process the application of Borrower for the Loan under
any residential mortgage loan plan offered by Bank which Bank
deems suitable for use with the Program. Bank shall conduct a
credit review and investigation of the collateral in order to
determine whether Borrower meets the credit requirements of
Bank. Upon compliance by Borrower with the requirements set
forth in Section 2.3 below, Bank will lend to Borrower the sum of
$ (the "Loan") for the purpose of enabling
Borrower to acquire the Property.
mmtatov.fbv 4/14/95 2
2.2.2 The Loan shall be evidenced by a promissory note (the "iVote")
executed by Borrower reflecting the repayment terms. The unpaid
principal of the 'Note shall bear interest prior to acceleration or
maturity at a fixed rate of _ percent per annum for the frst five
years of the IVote and thereafter at a variable rate of interes4 equal
to (the "Index") plus a margin of
percent. The variable interest rate shall change and shall be
calculated and imposed in the manner described in the Note. The
terms of the Note shall be controlling in all respects.
2.2.3 Borrower agrees to pay to Bank an origination fee in the amount of
_ percent of the amount of the principal amount of the Loan.
The origination fee shall be paid on the date of the closing of 4he
Loan.
2.2.4 Interest shall be calculated on the unpaid principal amount of the
Note on the basis of a year consisting of 365 days, and interest
shall be paid for the actual number of days elapsed.
2.2.5 Notwithstanding anything to the contrary contained in any of the
Loan Documents, the maximum interest rate under the Loan will
never exceed (i) percent or (ii) the highest rate permitted
from time to time by applicable law, whichever is less.
2.3 Collateral.
2.3.1 To secure performance of Borrower's obligations to Bank under the
iVote and this agreement, Borrower will execute the Deed of Trust
and any required rider thereto, the Assignment of Rents, any
security agreement, financing statement, or other document which
Bank deems necessary or appropriate. The lien of the Deed of
Trust and the other collateral documents shall have priority over all
other liens and encumbrances against the Property and any
associated personal property.
2.3.2 As additional security for the Loan, Borrower hereby grants to Bank a security ihterest in all deposit accounts maintained by Borrower
at any subsidiary bank of FirstBank Holding Company of Colorado,
Inc.
2.4 Conditions Precedent. Bank shall not be obligated to make the Loan or
disburse any funds under the Loan at any time until the following events
have been performed or have occurred:
2.4.1 Borrower's creditworthiness is deemed acceptable by Bank, and
Borrower has satisfied Bank's internat credit analysis.
2.4.2 The Town has certified to Bank that Borrower is a Qualified Buyer,
that Borrower is otherwise eligible under the Program, and 4hat the
Property is a Qualified Dwelling Unit.
mmlatov.fbv 4/14/95 3
2.4.3 Borrower has satisfied all the requirements of any mortgage loan
commitment issued to Borrower by Bank.
2.4.4 The appraisal report of the Property is deemed satisfactory by
Bank in all respects.
2.4.5 An improvement location certificate or other suitable survey for the
Property has been received and approved by Bank.
2.4.6 Borrower has obtained property and extended coverage insurance
for the Property in the coverages and amounts required by Bank.
2.4.7 Owner and Borrower have completed and delivered a satisfactory
.
mechanic's lien affidavit to Bank relating to recent repairs or
improvements upon the Property.
2.4.8 A title insurance company acceptable to Bank must have issued, at
the expense of Borrower, a commitment for an ALTA lender's
extended coverage policy of title insurance in an amount and form
satisfactory to Bank subject only to exceptions approved by Bank in
writing, together with any endorsements required by Bank.
2.4.9 Bank has received a certificate of taxes with respect to the
Property which meets with the approval of Bank and indicates no
past due taxes or special assessments.
2.4.10 If the Property is a condominium unit or is othervvise part of a
common interest ownership association, Borrower has obtained an
acceptable certificate or other instrument from the governing
association which shows the amount of any regular or special
assessment which is due, and Bank has determined that such
amount will be paid at closing from a source other than the
proceeds of the Loan.
2.4.11 Borrower has obtained and delivered to Bank any requested
certificate of occupancy or any other requested certifications
relating to the Property.
2.4.12 Bank has determined to its satisfaction that the Property is in
compliance with all zoning and building code ordinances and
regulations of the Town.
2.4.13 Borrower has submitted evidence that the Property is not in a flood
. or other hazard area which is deemed unacceptable to Bank.
3. Credit Accommodations by Town.
3.1 Consideration. As an incentive for Bank to participate in the Program and
to approve the application of Borrower for the Loan, Town has agreed to
extend credit accommodations to Borrower. The credit accommodations
shall be in the form of an assignment and pledge by Town of cash or
readily available funds in the amount and nature described below to
mmlatov.fbv 4/14/95 4
support the Loan. Town and Borrower acknowledge that Bank has
bargained for these credit accommodations as a condition of making the
Loan, and that Bank would not be willing to make the Loan without these
credit accommodations.
3.2 Pledqe and Assiqnment bv Town.
3.2.1 As a condition precedent to Bank's obligation to make and close
the Loan, Town shall assign and pledge to Bank cash or readily
available funds in the amount of ten percent of the purchase price
of the Property. This assignment and pledge shall be evidenced by
an assignment and security agreement between Town and Bank
which describes the Program and Town's agreemen4 to provide
credit support for each Loan which Bank makes under the
Program. The security agreement shall also provide that the funds
assigned and pledged by Town will be maintained in the Accoun4
. and, subject to the provisions of Section 3.3 below, may be utilized
by Bank in the event of a default under the Loan Documents to pay
principal, accrued interest and any other amoun4 which may be
owing by Borrower under the Loan Documents. Bank shall not be
required to proceed against Borrower as a condition precedent to
utilizing the assigned funds to pay obligations which become due
under the Loan Documents.
3.2.2 Bank shall release the assigned funds to Town at such time as the
Loan has been paid in full. Bank shall also release the assigned
funds on the fifth anniversary of the Loan (a) as long as all Loan
payments have been made as agreed, (b) the value of the Property
is then equal to or greater than the purchase price of the Property
paid by Borrower, (c) the "back ratio" of the Borrower (as defined
by Bank) is not greater than 40% based on the current interest rate
under the Loan, and (d) Bank determines there has been no
adverse change in the financial condition of Borrower. In the event
the Property is sold for any reason, Bank shall not be required to
release the assigned funds until such time as the Loan is paid in
full.
3.2.3 Unless the Assigned Funds are removed from the Account by
Bank, interest shall accrue on the Assigned Funds in the discretion
of Bank at either a rate adjusted weekly which is equal to 95% of
the Fed Funds Rate for the previous week as quoted in the Wall
Street Journal or at a rate adjusted on an annual basis equal to the
rate paid by NonNest Bank of Denver on one year certificates of
deposit.
3.3 Prior Notice bv Bank. Bank will provide advance notice to Town in writing
of Bank's intent to utilize any funds of Town which have been assigned 40
support the Loan. Upon receipt of such notice, Town shall have a period
of five (5) business days to notify Bank in writing of Town's decision 40
elect to purchase the Loan from Bank under Section 9 of this agreement
or to take such other remedial steps as Bank may require. In the.event
Town fails to notify Bank in writing or take other appropriate action
mmlatov.fbv 4/14/95 5
required by Bank within this period of time, Bank shall be entitled to utilize
the assigned funds immediately to pay any obligations due under any of
the Loan Documents.
3.4 Waiver and Estoppel. Any action or nonaction by Bank with respect to the
available procedures described in this section shall not impede or bar
Bank's right to initiate remedial procedures under the Loan Documents in
the event of a default by Borrower, and this shall include, but shall not be
limited to, Bank's right to foreclose the Deed of Trust. Bank shall not be
subject to any argument or assertion based upon principles of estoppel or
waiver as a result of Bank's action or nonaction under this section.
3.5 Reimbursement Obliqation to Town. In the event Town elects to purchase
the Loan under this Section, or if any of the funds in the Account are
utilized by Bank to pay any amounts owing under the Loan Documents,
Borrower shall be obligated to reimburse Town for all such amounts along
with interest at the rate of percent. .
3.6 Collateral for Pledqed Funds. Bank acknowledges that Town is prohibited
by its charter and municipal status from permitting any funds owned by
Town to be maintained in a depositary institution without adequate
collateral furnished by the depositary institution. Accordingly, Bank agrees
to maintain all funds which are assigned and pledged by Town under this
agreement in a deposit account which is collateralized by treasury bills and
other government securities which have maturities no longer than
3.7 Riqhts of Town with Respect to Pledqed Funds. From time to time and
with the prior written consent of Bank, Town shall have the right to
substitute acceptable securities or other liquid obligations for funds which
are required to be assigned and pledged by Town pursuant to this
agreement. Each substitution shall be made only with the written approval
and consent of Bank, and Bank agrees that it will not unreasonably
withhold any such approval and consent. Each such substitution,
however, shall be accepted by Bank upon terms and conditions which
Bank deems appropriate, and Bank in its discretion shall have the right at
any time during the pendency of this agreement to require Town to assign
and pledge readily available funds in place of any substituted securities or
liquid obligations.
4. Mortqaqe Loan Documentation.
4.1 Unless otherwise provided in an addendum to this agreement, the Loan
shall be made as part of Bank's variable rate mortgage loan program
known as the "FIRM-5" loan. Borrower acknowledges receipt of program
. disclosures as well as a copy of the Consumer Handbook on Adjustable
Rate Mortgages. Borrower understands that the fixed initial interest rate
will be converted to a variable interest rate at the end of five years.
Borrower further understands that the variable interest rate will be based
on an index rate plus a margin, and that the rate of interest can be
adjusted on an annual basis. An increase in the variable interest rate will
mmlatov.fbv 4/14/95 6
usually result in an increase in the amounf of the monthly payment which
Borrower is required to make.
4.2 Borrower agrees to execute all documents which are required by Bank in
connection with the Loan including, but not limited to, the adjustable rate
note. and rider, the deed of trust and any required riders, an assignment of
rents, escrow account disclosures and authorizations,, and an agreement
to execute and deliver additional documents requested by Bank.
4.3 In consideration of the special interest rate and maximum loan amounts
established by Bank under the Program, Borrower agrees to authorize
Bank to charge Borrower's deposit account maintained at Bank for the
amount of each monthly payment due under the Loan. The amount of this
payment shall include principal and interest as well as the amortized
portion of any mortgage or other insurance premiums or reserves, tax
reserve, and any other reserve.
4.4 Borrower agrees during the term of the Loan to execute such further
documents as Bank may deem necessary from time to time in connection
with the Program or with respect to any regulatory compliance
requirement.
5. Title Exceptions. As a requirement of the Loan, Bank must receive an acceptable
ALTA lender's title insurance policy insuring Bank's lien upon the Property as
described in Section 2.4.8 of this agreement. In addition, Borrower will receive an
owner's policy of title insurance issued by the same title insurer. The policies will
contain an exception to title based upon the Program restrictions and their impact
upon the future use, transfer and marketability of the Property. Borrower agrees
tha4 any excep4ion to title of this nature will not give rise to any action for
rescission or any o4her remedy or cause of action by Borrower under any of 4he
Loan Documents or any other document executed in connection with the Program
or Borrower's acquisition of the Property.
6.. Limitations on Sale or Transfer. Borrower agrees that from the date of the closing
of Borrower's purchase of the Property, Borrower's ability to sell or transfer the
Property shall be limited as follows:
6.1 . No part of the Property or any interest in the Property may be sold or
transferred by Borrower without the prior written consent of Bank and
Town.
6.2 In the event Bank and Town consent to any proposed sale of the Property
by Borrower, the gross sales price which Borrower may receive (no4
including any real estate commissions owed bjr Borrower as part of the
transaction) may not exceed:
6.2.1 The original price;
6.2.2 Plus an increment equal to 3% per annum of the original price paid
by Borrower from the date of purchase (prorated at the rate of
.25% for each whole month of any part of any year);
mmlatov.fbv 4/14/95 7
6.2.3 Pius the value of capital improvements made to the Property not
exceeding 10% of the original purchase price paid by Borrower;
6.2.4 Plus assessments made by any homeowner's association or local
government which have been paid by Borrower from the date of
Borrower's purchase of the Property.
6.3 Any. transfer of an interest in the Property shall remain subject to the
limitations on sale or transfer described in this agreement and in the
Program Documents and Program Guidelines. However, the following
transfers shall be considered as exempt from these limitations under the
conditions described below:
6.3.1 A transfer of an interest to a trustee for the benefit of the Borrower
or the Borrower's spouse or issue as long as the Borrower remains
an occupant of the Property.
6.3.2 A transfer of an interest by Treasurer's Deed pursuant to a sale for
delinquent taxes, by a sheriffs deed, by a private or public trustee's
deed pursuant to foreclosure proceedings of any nature, or by deed
in lieu of foreclosure pursuant to a judgment execution or a
foreclosure sale.
6.3.3 A transfer of an interest by the U.S. Department of Housing and
Urban Development ("HUD") after HUD has acquired title pursuant
to a foreclosure of a deed of trust insured by HUD.
6.4 In the event of any transfer pursuant to any of the subsections in Section
6.3 above, all grantees or successors in interest shall still be bound by the
terms and conditions of this agreement in the same manner and degree as
if an exempt transfer had not occurred.
7. Limitations on Occupancv and Use.
7.1 Borrower (or any person to whom Borrower rents or leases the Property)
must qualify on a continuing basis und.er one of the following categories:
7.1.1 An employee of the Upper Eagle Valley who works a minimum of
30 hours per week;
7.1.2 A senior citizen (age 65 or over) who has formerly fulfilled the
definition of an employee as established in Section 7.1 above;
7.1.3 A handicapped person;
7.1.4 A dependent of any person fulfilling any of the three categories
described above.
7.2 The Property shall be limited exclusively to provide housing or home
ownership for persons who meet the definition of a Qualified Buyer and
their immediate families. This restriction shall bind the Property on a
continuing basis and shall be effective as to all successors in interest to
mmlatov.fbv 4/14/95 8
J
the Property, except that this restriction shall not survive the foreclosure
and sale of the Property through administrative or court proceedings.
8. Involuntary Proceedinqs. Borrower shall be in default under the Loan Documents
and under the Program in the event Borrower:
8.1 Fails to pay any amount which becomes due under the Note or the Deed
of Trust.
8.2 Fails to comply with any performance obligation under any of the Loan
Documents or the Program Documents.
8.3 Permits any lien to be asserted against the Property which is not resolved
to the satisfaction of Bank or released within 30 days from its attachmen4
4o the Property.
8.4 Permits any creditor, governmental agency; person or entity to levy upon
or seize the Property under any court or.administrative proceeding.
8.5 Damages the Property or permits any uninsured loss or destruction to
occur with respect to the Property in a material fashion.
8.6 Seeks to revoke, terminate or otherwise limit Borrower's obligations and
compliance duties under the Loan Documents or the Program Documents.
8.7 Dies, becomes legally incompetent, becomes insolvent, makes an
assignment for the benefit of creditors, fails to pay debts as they become
due, files a petition under the federal bankruptcy laws, has an involuntary
petition in bankruptcy filed in which Borrower is named, or has any
personal property which is associated in a material fashion with the
Property taken under any writ or process of court or any administrative
proceeding.
8.8 Allows goods to be used, transported or stored on the Property, the
possession, transportation, or use of which is illegal.
8.9 Allows any party other than Borrower to assume or undertake any of the
obligations under the Loan Documents or the Program Documents without
the written consent of Bank and Town.
8.10 Causes Bank to deem itself insecure due to a significant decline in value
of the Property; or if Bank, in good faith, for any reason believes that the
prospect of payment or performance by Borrower under any of the Loan
Documents is impaired.
9. RiQht of Town to Purchase Loan.
9.1 In the event any administrative or judicial proceeding is commenced for
the foreclosure and sale of the Property, or in the event any other action is
taken by a third party with any lien or claim against the Property 4o bring
about an involuntary sale of the Property, Town shall have the righ4, but
not the obligation, to purchase the Loan from Bank and exercise any
mmlatov.fbv 4/14/95 9
remedies or powers which Bank may have under the Loan Documents. It
is intended that the right to purchase the Loan under these circumstances
is an important and essential element of this agreement.
9.2 The exercise of this right will permit Town to preserve the pool of dwellings
which are part of the Program and enable the Property to be made
available for purchase by another eligible resident employee under the
Program. Therefore, the right of Town to purchase the Loan and exercise
all rights and remedies of Bank under the Loan Documents should be
construed in the most comprehensive fashion in order to accord Town the
maximum flexibility under the Program and under the Loan Documents.
9.3 In the event Town elects to purchase the Loan in this situation, Town shall
notify Bank of its election in writing and shall tender to Bank the ' outstanding balance of principal and accrued interest owed to Bank under
the Loan Documents. Upon acceptance of this amount by Bank, the
pledge obligation of the Town with respect to the Loan shall be released,
and the Loan Documents shall be endorsed, transferred, assigned and
delivered to Town by Bank without recourse. Bank shall cooperate with
Town thereafter in assisting Town to exercise any right or remedy
available under the Loan Documents.
9.4 In the event Town becomes the owner of the Property by exercising its
rights and remedies under the Loan Documents in this fashion, Bank will
thereafter review and process any subsequent mortgage loan application
under the Program from another eligible resident employee with respect to
the Property. However, any mortgage loan approved by Bank under these
circumstances shall be established as a new and separate mortgage loan
under the Program and shall not be related to or affected by the previous
mortgage loan in any fashion.
10. Representations and Warranties of Borrower. Borrower represents and warrants
to Town and Bank as follows:
10.1 All information furnished to Town and Bank concerning Borrowers
eligibility for the Program and Borrower's financial condition is complete
and accurate as of the date of such information, and Borrower will
promptly notify Town and Bank in writing of any material change in such
information.
10.2 Borrower will utilize the proceeds of the Loan to purchase a residential
dwelling under the Program, and Borrower will comply in all respects with
the requirements of the Program during the term of the Loan.
10.3 Borrower will maintain the restricted status of the Property and will comply
with all occupancy, use and resale conditions required by this agreement.
Borrower will not take or permit any action or occurrence which might
jeopardize or conflict with the restricted status of the Property.
10.4 Borrower will occupy the Property as his or her sole place of residence
during the time that the Property is owned by Borrower (subject to any
rental arrangements approved by Town in writing) and will not engage in
mmlatov.fbv 4/14/95 10
y
any business or activity upon the Property which is not in conformance
with the applicable zoning regulations and the Program Guidelines.
10.5 In the event Borrower determines to sell the Property, Borrower shall
promptly notify Town and Bank in writing of such intention. Borrower may,
then proceed to sell the Property, but only to a Qualified Buyer and only in
accordance with the provisions of Section 6 of this agreemen4 and in
compliance with the Program Guidelines. Borrower will presen4
documentary evidence to the satisfaction of Town to show tha4 the
Property is being sold for an amount which is not greater than the
maximum sale price as determined in Section 6.2 of this agreemen4, and
Borrower will not close the transaction or convey title to the Property until
Town has issued a written confirmation that the proposed sale meets the
requirements of this agreement and the Program Guidelines.
11. Representations and Warranties of Town. Town represents and warrants to Bank
as follows:
11.1 Town is authorized and empowered to establish and operate the Program.
11.2 All appropriate municipal authorizations and resolutions have been
adopted and executed to enable Town to enter into the Program
Documents and to execute fhis agreement.
11.3 Town is authorized by its Charter or other inherent powers to provide
financial accommodations to Borrower and to assign deposit account
funds in the manner provided by this agreement.
12. Representations and Warranties of Bank. Bank represents and warrants to Town
as follows:
12.1 Bank is authorized and empowered to make loans under the Program
Guidelines and to enter into the Program Documents and this agreemen4.
12.2 Bank is a Colorado chartered supervised lender and is regulated by the
Colorado Division of Banking as weil as the Federal Deposit Insurance
Corporation.
12.3 The deposits maintained at Bank are insured by the Federal Deposit
Insurance Corporation to the extent provided by applicable law.
13.. Miscellaneous.
13.1 Severabilitv. The invalidity or unenforceability of any one or more
provisions of this agreement shall in no way affect any other provisions.
13.2 Counterparts. This agreement has been executed in several counterparts,
any one of which may be deemed an original. Signatures pages bearing
facsimile signatures shall be received in lieu of original signatures, and
such copies taken together shall be deemed to be a full and complete
agreement between the parties.
mmlatov.fbv 4/14/95 11
13.3 Entire Aqreement. This agreement embodies all written and oral
negotiations between the parties and may not be amended except in
writing executed by all parties.
13.4 Notices. All notices shall be in writing and shall be deemed to have been
given when presented personally, sent by facsimile transmission, or when
deposited in the United States mail, certified mail, return receipt requests,
addressed as follows (or as contained in any amendments hereto):
Bank: FirstBank of Vail
Attn: Mark Ristow
17 Vail Road
Vail, CO 81657
Facsimile No. 303-479-0585
Town: Town of Vail
Attn: R. Thomas Moorhead, Town Attorney
75 South Frontage Road
Vail, CO 81657
Facsimile No. 303-479-2157 .
Borrower:
Facsimile No.
Town of Vail
Borrower
By:
FirstBank of Vail
By:
mmlatov.fbv 4/14/95 12
' From: Wortnan R. Heheig To: Tom Moorhead Date: 4114M Time: 13:33:56 Page 2 0l 3
Dep6sat Account Assignment and Securotv Actreemen4
Name and address of Loan fVo.: Lender: FirstBank of Vail
Borrower(s) Principal Amount: $ . 17 Vail Road
Niaturity Da.te: Vail, CO 81657
Assignor: Town of Vail
75 So. Frontage Rd.
Vail, CO 81657
This assignment and security agreement (the "AgreemenY") is entered into this day of
,199 , by and between FirstBank of Vail, a state-chartered banking corporation
("Bank") and the Town of Vail, a Colorado municipal corporation ("Town").
Recitals
A. In connection writh Town's current Residential Employee fVlortgage Loan Program (the
"Program"), Town has agreed to provide financial accommodations to Bank as an
incentive for Bank to make mortgage loans to qualified borrowers under the Program.
B. Under the terms of the Program documents and the fVlaster Nlortgage Loan Agreement,
each mortgage loan will be partially collateralized by an assignment from Towrn of deposit
account funds maintained at Bank in the amount of ten percent of the purchase price of
the real property which is being purchased with the mortgage loan proceeds.
C. This Agreement is intended to provide for the assignment of the requisite deposit account
funds to Bank as collateral for the mortgage loan described above (the "Loan").
Accordingly, the parties agree as follows:
, 1. Assiqnment. Town assigns and grants a security interest to Bank in the entire interest of
Town to funiis maintained in the name of Town in money market account number
(the "AccounY") at Bank to the extent of $ (the
"Assigned Funds").
2. Use of Collateral. The Assigned Funds have been pledged to Bank as collateral for the
repayment of the Loan. Bank shall have the right to debit the Account and utilize the
Assigned Funds in the event of any default by the borrower(s) under the Loan. The
Assigned Funds shall remain as collateral for the Loan until the Loan is repaid in full or
the Assigned Funds are released by Bank in accordance with the terms of the master
fViortgage Loan Agreement. The Assigned Funds may not be drawn or utilized by Town
in any fashion during the term of this agreement.
3. Interest. Unless all or any portion of the Assigned Funds are removed from the Account
by Bank, interest will continue to accrue on the Assigned Funds at the rate which has
othenwise been agreed upon between Town and Bank. Interest shall not accrue on any
Assigned Funds which are removed from the Account by Bank for any purpose.
tovdaasa.fbv 4/14/95 ~
From: Norman R Helwig To: Tom Moofiead Date: 4114195 Time: 13:34:46 Page 3 ot 3, '
4. Representations of Town. Town represents and warrants to Bank that:
4.1 Town has not made any prior assignment or transfer of the Assigned Funds.
4.2 Town has not withdrawn, cancelled, been repaid, or redeemed all or any part of
the Assigned Funds.
4.3 There is no pending application or instrument for the withdrawal, cancellation,
payment, or redemption of the Assigned Funds.
4.4 The Town shall not, at any time during which the Loan is outstanding, assign,
transfer, withdraw, cancel, redeem, or seek any payment or advance from the
Assigned Funds. ~
5. Authority of Bank. In the event of any payment or performance default under the Loan
which has continued for a period of more than 30 days, Town authorizes and empowers
Bank, either in its own name or in the name of Town, to:
5.1 Charge or debit the Account for any portion of the Assigned Funds which
represent an unpaid balance owing under the Loan.
I
5.2 Demand, collect, and receive payment of any and all sums or proceeds due or to
become due as the result of the deposit of the Assigned Funds in the Account.
~ 5.3 Deal in all cespects with the Account as the holder thereof.
5.4 Pay any portion or all of the Assigned Funds to Bank or its order.
Executed by the parties on the day and year described above.
FirTank of Vail . Town of Vail
By: By:
tovdaasa.fbv 4/14/95 2
THE TOWN OF VAIL
DEED RESTRICTIONS
AND
GUIDELINES FOR TYPE A EMPLOYEE HOUSING UNITS
Effective May , 1995
I. PURPOSE ,
The purpose of the Type A Employee Housing Unit is to enable individuals to purchase
primary residences within the Town of Vail. One of the goals and requirements of the deed
restrictions is that the residence be owner occupied. Renting the residence is allowed in
extenuating circumstances only, as described in Section IV below. Additional information
pertaining to the Type A Employee Housing Unit deed restrictions can be found in the Type A
Employee Housing Unit "Occupancy and Resale Deed Restriction and Agreement" (deed
restriction).
The purpose of the Type A Guidelines is to set forth the requirements and restrictions for
those dwelling units throughout the Town of Vail that are purchased via the mortgage
„ guarantee program or the mortgage credit certificate program. These two programs can be . used individually or can be combined by potential homeowners. At the time of closing, if
either program has been utilized, the owner must sign the Type A deed restriction which will .
run with the property in perpetuity.
II. RESALE RESTRICTIONS .
In the event that an owner desires to sell the Type A Employee Housing Unit, the owner may
do so provided that the resale price and prospective purchaser meet the standards of the
Type A Guidelines and deed restriction. Resale price may not exceed:
A. The original price;
B. Plus an increment equal to 3% per annum of the said purchase price from the
date of purchase (prorated at the rate of 0.25% for each whole month of any
part of any year);
C. Plus the value of capital improvements (including professional fees) made to
the Employee Housing Unit not exceeding 10% of the original purchase price.
For every ten years from the date of original purchase and deed restriction,
another ten percent of the purchase price may be added to the value of the
property for capital improvements;
D. Plus the value of any special assessments made by a homeowner's association
or by a local government that have been paid by the owner.
Additional details regarding resale value as well as calculation methods are provided in the
deed restriction.
III. PURCHASE CRITERIA
Individuals desiring to purchase an employee housing unit shall receive preference and be
prioritized according to the order of the criteria listed below. Units with the highest offers of
equal amounts and equal priority status shall be placed in a lottery which will be held within a reasonable amount of time following the deadline for bids.
A. Highest offered price below or equal to stated maximum. The Housing
Authority, Town of Vaif or owner reserves the right to reject any and all offers.
In addition, the Town may set a minimum offer price, below which no offers will
be accepted. 1
B. Individuals with the longest consecutive record of employment within the Town
~ of Vail boundaries.
C. Individuals with the longest consecutive record .of residency uvithin the Town of
Vail boundaries. D. Individuals vuho.reside and are employed outside the Town of Vail boundaries
but within 4he Gore/Eagle Valleys.
V!!. OCCQ.DPANCY f~~QUIREMENTS
Once a Type A Employee Housing Unit has been purchased, it must continue to be occupied
in a manner vvhich is consistent with the goals and policies of the .Town of Vail Housing
Program. The Type ,4 Employee Housing Unit must be owner occupied by: -An employee, working in Eagle County uvho works a minimum of thirty hours per
week, and the employee's spouse and children.
-A retired individual, sixfy years or older, who has wrorked a minimum of five years in
Eagle County for a minimum of thirty hours per week, and his or her spouse and
children.
Other regulations pertaining to occupancy are as follows:
A. A leave of absence may be gran4ed fot one year, subject fo clear and
convincing evidence, vvhich establishes a reason for leaving and a commitmen4
to return to the Vail/Eagle County area. Said evidence shall be in written form
presented to the Town 30 days prior leaving. The leave of absence shall be for
one year and may, at the discretion of the Touvn, be extended for one additional
year, but in no event shall such leave of absence exceed two years. The unit
may be rented during said year or years to residents who comply with the
above occupancy requiremen4s. After verification and qualification of tenant(s),
a copy of the executed lease shall be furnished 4o the Town. .
B. If the Type A Employee Housing Unit is listed for sale, the unit may, upon
approval of the Town, be rented to residents who comply with the occupancy
requirements. A letter must be sent to the Vail Housing Authority requesting
permission to rent the unit until sold. A minimum six (6) month uvritten lease
must be provided to the tenants with a sixty (60) day move out clause upon
notification 4hat the unit is sold.
C. Co-signers may be allowed but shall not occupy the unit unless the occupancy
requirements of this section are met.
D. If an individual owns a local residence when purchasing an employee housing
unit, 4he individual must agree to restrict the residence as a Type A Employee
Housing Unit as provided in the deed restrictions or sell the residence. The
residence mus4 be tisted for sale within ninety days of purchasing the employee
housing unit and must be sold w+ithin one year of closing.
. 2
E. If an individual owns vacant land when purchasing an employee housing unit,
as soon as the land is improved with a residence, the individual must sell the
employee housing unit or agree to restrict the new unit as a Type A Employee
Housing Unit, as provided for in the deed restrictions.
V. ANNUAL VERIFICATION AND PENALTIES FOR VIOLATION
A. No later than February 1st of each year, the owner of the restricted employee
housing unit shatl submit two copies of a report, on a form to be obtained from
the Community Development Department, to the Town of Vail Housing Authority
and the Town of Vail Community Development Department verifying that the
dwelling unit continues to be owner occupied, that it has been occupied in
accordance with Section IV of these guidelines; that the occupant has worked
thirty hours per week for the previous year, and the location of where the
occupant has worked.
B. If the Town determines that there has been a violation of the occupancy
standards, the ownee of the restricted employee housing unit shall be found to
be in noncompliance. Penalties the Town may assess against the owner
include eliminating resale gain, and/or penalties found in the Town of Vail
Municipal Code Section 1.01.100. Any misrepresentation by an applicant in
submittal material shall disqualify the applicant.
VI. SUBMITTAL REQUVREMENTS
The applicant shall provide (upon request by the Town) any combination, or all, of the
following documentation as proof of residency, employment and income: A. Federal Income Tax return forms. Applicant must provide the last four (4) years
of Federal Income Tax Returns, an audited financial statement, or acceptable
documentation to the Town.
B. Verification of current employment or job commitment in Vail or Eagle County
(i.e., wage stubs, employer name, address and phone number or other
appropriate documentation as requested by the Town).
C. Landlord.verification (proof of residency, physical address).
D. Valid Colorado Driver's License (address, issue date).
E. Voter registration. Please note that voter registration must be updated within
thirty days of closing.
F. Deposits for down payment shall be verified by the holder of such funds.
G. Any co-ownership interest other than joint tenancy or tenancy-in-common must
be approved by the Town.
3
~
~
d
H. Signed authorization from the applicant allowing the Town of Vail to discuss
details with applicanYs employer.
1. Any documentation which the Town deems necessary to make a determination.
il. FO RECLOS URE
The Town of Vail (the "Tovun") may, pursuant to an agreement en4ered into in
connection with any first lien deed of trust or mortgage to be secured by the affordable
housing unit, agree to release and waive their ability to enforce the resale restrictions
contained herein, in the event of foreclosure, provided that such agreement grants to
the Town Council and Authority, the option to acquire the affordable housing unit within
. 30 days after the expiration of the statutory redemption period for an option price not to
exceed the redemption price on the last day of the redemption period.
The followring option provisions shall be included in loan documents, or in a separa4e
agreement entered into in connection with loan documents, and shall be execuied by
the lender, the Town Council, and the Authori4y.
. In the event of a forectosure by the holder (including assigns of fhe holder) of the
promissory note secured by a first deed of trust or mortgage on the affordable housing
unit, and subject to the issuance of a public trustee's or sheriff's deed to the holder
following the expiration of the borrower's redemption rights, the Housing Authority of
the Town of Vail ("Authority") and the Town Council of the Town of Vail, Colorado (the
"Town Council") shall have the option to purchase the affordable housing unit which
shall be exercised in the following manner:
A. fVotice. The holder shall give notice to the Authorify and the Town
Council that a certificate of purchase uvith respec4 to 4he affordable
housing unit has been issued to said holder by the Public Trustee of
Eagle County. Such notice wrill be given within 10 days of the issuance
of the certificate. Notice shall be deemed given upon being placed in
the U.S. Mail, First-class postage prepaid, and addressed as follows:
. Tovvn Manager, Town of Vail
75 S. Frontage Road
Vail, CO 81657
Chairman, Housing Authority of the Tovvn of Vail
75 S. Frontage Road
Vail, CO 81657,
B. First Option. The Town Council shall have 15 days after the expiration
of the borrower's statutory right to redeem in which to exercise its option
by tendering to the holder, in cash or certified funds, an amount equal to
the redemption price which would have been required of the borrower
on the last day of the redemption period.
4
C. Second Option. The Authority shall have 15 days after the expiration of
the Town Council's option as set forth above to exercise its option to
purchase the affordable housing unit by tendering to the holder, in cash
or certified funds an amount equal to the redemption price which the
borrower would have been required to pay on the tast day of the
redemption period.
D. Title. Upon receipt of the option price, the holder shall deliver to either
, the Authority or the Town Council a special warranty deed, conveying
the property to either the Authority or the Town Council. Title shall be merchantable, free and clear of liens and encumbrances which would
render title unmerchantable.
In the event that neither the Authority or the Town Council exercise their
respective options as provided above, the Authority and the Town
Council shall cause to be recorded in the records of the Clerk and
Recorder of Eagle County, a full and complete release of the covenants
restricting such unit to Affordable Housing use which appear in said
records in Book Page ( Such release shall be placed of record
within three days after demand therefore by the holder following the
expiration of the options.
5
a
e ~
?
e4
TObVN OF VAIL
75 South Frontage Road Office of Town Attorney
Yail, Colorado 81657
303-479-21071 FAX 303-479-2157
M E MORAN D U M iiSTORNEX / CUEPIT
PRIYIiEOE 1ArOWlC PRoDucT
TO: Vail Tovvn Council
FROM: R. Thomas Moorhead, Town Attorney
DATE: April 17, 1995
RE: Lodge Properties, Inc.; Land Exchange Litigation
Attached you will find correspondence from Charles B. UVhite dated April 14, 1995, which outlines
the substance of the court's Memorandum Opinion and Order, identifies the issuEs for appeal,
and the anticipated fees and costs of an appeal.
The court's Order was entered on March 31, 1995. Because ihe United States is 2 pa rty to this
litigation, an order of appeal must be filed wiihin sixty days. Thai date is May ~Q, 1995. ; would
be happy to respond to any questions you might have.
RTM/aw ,
Attachment
SEN'1' BY-BkUWNSTE.IN tiYATT ; 4-14-95 ; 14.02 ; SHF&S- 3034792157;# 2/ g '
B$OWNa1ICI1V HYAT?' FARI3ER Ec STBICliLAND, P.C.
Arro:rxjmys'sr Lnw
twEwrr-secoNO FLOOR
410 SEYENTECNtH STRE[T
nsxvsa, co,.vRwno e090s-448r A7TORkEV / CUENT
TEI.EPMONE l3031 534•6335 . PRMLEpE 1AIDW pRpCUCT
Ct11r]@A B. WhItC TELEGOPIER (303) 623•1956
. ~ ,
ApY'i1 14, 1995
VIA FACSIMILE
Thomas Moorehead, Esq. ~
Town Attorney ~
Town af Vail
75 South F'rontage Road
Vail, CO 81657
Re: Lod e Pro erties Inc.- Land Exchan e Liti atio
Dear Tom:
As we discussed last week, the fedegal district e urt has
ruled in the case of Lodqe ToWer Condominium Associatfon~and the
Town o Vail v. Lo e Pro erties the United States. et al., and 1
upheld the land exchange of the Lodge Parcel between the U.S.
Forest Service and Lodge Properties, Inc. In a Memorandum Opinion
and Order dated March 31, 1995, Judge Nottingham addressed the
merits of our first amended complaint, rejected the majority of the
federal maqistrate's earlier recommendatfons in our favor, and
dismissed each of our causes of action. This letter will briefly
discuss the Bubstattce of the court's Memorandum Opinion and Order
(ano certain of the magistrate's rulings), and identify the issues
as to which errors by the court present us with good arguments for
appeal.
1. Procedura Posture of C se. The court's Memorandum
Opinion and Order megins with a brief description of the facts
underlying the land exchange litigation and tha procedural posture
of the case. The court stated that, in its view, the litigation
was more properly "a review of agency action under the
Administrative procedure Act" rather than a trial on the merits of
the land exchange. Therefore, the court decided to ignore the fact
that the case was presented on motions for summary judgment, and
instead to rule directly on the merits of each of our arguments
against the land exchange_ The court apparently did not understand
that the summary judgment motions which had been filed by both the
plaintiffs ahd defendants were the most direct means to brimg the
issues in the casa Defore the court for immediate corisideration.
Arguably, by making assumptions about facts in dispute (as noted
below) and ignoring the limitations of the sumfiary judgment
procedure, the coutt committed reversible error.
. ~ ~ tSl :ttitUivN51't l N HYA7`I' ; 4-14-95 : 14 :02 : BHF&S- 3034792157 3/ g
3'homas Moorehead1, Esqo
April 14, 1995
Page 2
a. 19tandarrIl og Revapwe The juciqe aclcnowledgeci that hfs
x-eview of our compFaint would be governed by the Aclministrative
Procedure Acte This statute provides that the court may only
geverse the actians of federal aqencaes if the aations are found to
be either warbatrary, capricious and an abuse of discz'etio1190 a
oaC~~tragy go constitutional law", in eatcess df statutory authority,
or irn some other way coaatrary to procedures required by lawo The
court properly noted that at could not substitute its oan jtadgment
for that of the federal agencies, or (in anost cases) allow a new
presentatgora of the gacts.
7'tae court then set forth the procedure
farst, the cou~t would deteg-mine whether the Fa e t Service reviewhad
acted ProPerly wathin the scape of its au t hor3.ty; second, it would
consbder whether -the agencyBs cIlecision was based on a consi.deratian
of the relevant and approprfate factorso and third, whether the
agency°s decasion gesulted in a clear error. of judgmenta These are
the correct stanciards for revaew of agency actiono Howevera the
court went on ta state that even ig aclear error existed, it would
onl.y set aside the agency actian ig there was a eDsiqnificant chance
that, but for the errors, the agency might have x-eaahecl a d$fferent
gesialto 0 The aPplication of this staaadax-d of review, in addition
to making gt much ffiore difficult for ias to overturn the land
exchanq~~ presents a goad issue to arcJue for reeersal on appeab
since in thgs case it xequires the judge to speculate about facts
taot in the record. This is partiCularly signigicant, as will be
discussed, ixa cornection with the failure of the Forest service to
properly evaluate the exchange under the National Eazvironmenta.B.
Policy Act (nNF;pA"),
3- Pu Iic Txn e- s Recguirepent. The court then taarned to
our first claam gor relief that the lar?d exchange was not in the
public interest as required by the Federal Land Policy and
Managemerat Act ('"gLPMA°o). Initially, the court rejeeged the
defendarats ° argumen~ that we had not the raised the publ ic interest
isrue duginq t11'ne course of the administrative proceedings, anci the
aggument that the agencyos decision on
p
coanmgtged solely to the discretion of the ac~encac intere~~ w~s
However, after coaasiderinq the basis ffor the Furest Service's
decision that the ex c han ge was i n the p u b lic integesto the court
determined that the agencye s decision was °Aabundantly supported" by
the gecord as a whole. The coux-t seemed to be particularcly
iffipgessed by the gact that the i,odge Parcel, coffiprisang two acres
of land wathin the Town of vail tliat did not contain . wzlderness
area ar wetlancls, was being eacchanged for a 385-acre wilderness
~r~tii rst ~~c~nn5icllv t11A11 ~ 4-14-95 ; 14:03 ; BHF&S- 3034792157;~ 4! 8'
Thomas Moorehead, Esq,
April 14, 1995
Page -3 parcel that included a siqnificant amount of wetlands, floodplains,
and wilderness area.
The court then addressed our argument wpiich was supported
by the magistrate judqe's recommenciation that the agency's
decision to complete the exchanqe was clearly erroneous beGause it
was based on the use of the parcel as a 100-unit hotel, with the
attendant benefits to the Town, while the Forest Serviae appraised
the property as two-unit residence. Despite recognizinq the clear
canflict in these inconsistent assumptians, the court nonetheless
applied the narrow rule that it would not reverse the aqency action
unless it could find that, but for the error, the agency's ultimate
decision would have been different.
Judge Nottingham's approval of the agency's inconsistent
assumptions reqarding the most probable future use of the Lodqe
Parcel raises twa issues for appeal in additian to the standard af
review npted abpve. First, bath NEPA's disclosure requigement and
the FLPMA rule that exchanqe Zands be of equal value require the
agency to make consistent assumptions as to future lanai use.
Second, general administrative law princip].es require that agency
decisions be reasorned, loqical, and documented to the.publ.ic.
The Forest Service shou2d not be able to justify its decision
based on the benefits vf a hotel development which its appraiser
found to be speeulative. In dismissing the inconsistency between '
the two different future use determinations, the court stated that
the environmental assessment ("EA") for the exchange demonstrated
"full awareness of the fact that proposed use of the Lodge Parcel
for erection of a hotel would depend upon negotiations between
Lodge Properties and the Town of Vail." Thus, the caurt found that
the hotel usage, "a otential positive benefit," was not critical
ir1 terms of Farest Service approval of the land excharige. Not only
dzdlthe court speculate as to actual agency ]crjowledge and intent,
contrary to both its limited role in reviewing the existin record
and the posture of the case on summary judgment motions, but it
also appears to have improperly excused the~agency from c p2 inwith NEpA's requirement to examine the ost rQbable (not j st a~j
futuxe land use.
Again in violation of its own standard, the court ape ulated
without any reference to or basis in -the xecord t at the
aqency would have reached the same decision r~gardless of a y error
in employing two conflicting assumptions o future usag . The
court's unsupported assumption as to the gency's response to
different information, as well as its fa ].ure to eriforce the
requirements of NLPA, both raise strong ar ents for appeal.
a SEN"I BY.f3kUWNSTP.IN HYATT ; 4-14-95 ; 14:03 ~ BHF&S_ 3034792157;# 5/ 8
0
Thomas Hoogeheade Esqo
e9pg'gl g40 1395
Paqe 4
~o ~al ~alu~ anc~ standinQo Turning to our secand claim
fog pelbeg tYnat the Forest Service appraved an exchanqe of trao larad
pagcels tknat were ianeolual in valueo Juclqe Nott$.ngham aqreed wi'th
the macyistrate°s recommea'dation tbat neither the Town nor Iocige
Toweg have p standang100 to advance this argument i vee,that we hacP
not sugfeged an aastual injurgr that would allow us to seek a remedy
ggom the courts e %aa the alternative, the court went oaa to reach
the merits of the gssue arad taeld that the agency action taas not
",arbatrary, capricfouso og an abuse of discretiono 00 The cotxrt
nnled that xeasonable peaple are entitged to diffeg on the faig
market value of apagticular property, and that rae had failed to
slaaw the F'orest Segvace comitted a POcleaY' mistaceBQ in it6
consideratioat of the appgaisalso
We hawe a PeaSOY18lble ChaI1Ce to reverse the cotzrt°s ruling that
we gack standing to raise this issue, sinae the County Assessor°s
affidavits. did cflemonstrate a reasonable rgsk of f-ature injury.and
the judge gail~d to address Lodge Toweg°s independent standing as
a Pgaintbgf. However, we should consider whetheg an appeal $ ora this
. issue wou1d be worth the effort, since the cougg of appea s cottlol
well agree wigh the district court that the aqency's cieci
4sioxa to
rely on the appgaisal is entatled to deferencee This is an iseue
which we maght deemphasize in the aPPeal in ogder to focus ouP
briefs and the court° s attention on oug stronger argumentsa
Yn this regard, we will point out that the appraisal fox
resbdential use was improper in vievd of both the adjacent
commercial zoning and the agency's reliance on hotel devegopm-ent go
justify the exchange>
5° Stcigg-ApMpaisal,. The caurt also rejeCged puP gifth claim
for relief that the agency violated its o~
pgocessi~aq land exchanges by relying on an appraisall af the
wiIlderness parcel which was more than one year olde The court
integpg~~~~ ~e Magr 11, 1988 exchange agreement between Iodge
PgoPegties and the U.S. to expressly condition consummatimn ag the
exchan9e o8a the outcome of the pendirag appeal, but not to require
a new app:9aisal og the wilderness ap
occearred ~ore thaaa ane year latera The court tPnegegore detex-mined
that the appraisal og the wilderness pax-cel as set in 1988 was
valad gor any future exchange undex the agreemeaat. It is unlilcely
ghat the court of appeals would reverse tgaas holdinga
6. Sugficienc og viro zenta 4ssessmento The court next
consadeged whettaer the EA was insufficiento and an envgrorimental
impact statement (oaEYSQO) was requared. T2ae raagistrate ta$d agreed
with us ttaat, gipst, the EA mistakenly identigied, the most probable
use of thp parcel as a site for a hotel, an conflict with the
Bt -EiitUivNS"I'E1N HYAT'I' ; 4-14-95 ; 14:03 : SHF&S- 3034792157;# 6/ 8Thomas Moorehead, Esq,
ApriT 14, 1995
Page 5
assumptions in the appraisal, and second, that the EA failed to
consider the impact of a possible relocation of the easement for
the "Mill Creek Road', on the Lodge Parcel.
!
Judge Nottingham recognized that the EA contradicted the
appraiser's f inding that hotel development was speculative, but
nonetheless found that the agency could rely on the developer's
Praposal and was not required to supplement the EA. The court
speculated that the environmental effects of any residential
development of the Lodge Parcel would be less than hotel
development, and thus any change in the EA would be to the
advantage of the defendants. This analysis iqnores the fact that
the benefits of the proposed hotel usaqe were heavily relied upon
in the EA to justify t,he "public interest" of the exchange, and is
inconsistent ;jith the requirement of both AIEPA and administrative
law that the EA and decision notace accurately and completely
analyxe the positive as well as adverse impacts af a proposed
action. The court further speculated that the ertvirorunental impact
from future use of the parcel would be adequately addressed through
local land use decisions. Althouqh the reasoninq. was correct
insofar as it went, I believe that the court erred in holding that
the agency could delegate to local authorities the duty to identify
as well as mitigate impacts.
The court then considered whether the EA's failure to evaluate
the impact of the Mill Creek Road relacation was a"fatal
omission." The court agreed with us that t he EA did not in fact
consider possible relocation of the road, and that rre had raised
the issue durinq the administrative praceedings terminq both of
defendantst arguments "disingenuous.11 The court also held that the
federal defendants could not avoid the canclusion that the
relocation of the Mill Creek Road was "never a par.t of the agency's
decision-making process until on or about November 8, 198811, and
thus the EA never considered the environmental ilripacts of
relocation.
While aaknowledging that the EA lishould have been supplemented
to cansider the potential effects of the relocation", the court
ruled that despite this mistake the EA's finding of no signigicant
impact ( "FONSI") was not "arbitrar
discretion.~~ Here, the court argua~bly perred uin~hold nq that oa
FONSI is the only purpose of an EA, iqnoring the independent
importance of a complete and accurate disclosure of environmental
impacts and alternatives tv the proposed action. The court further
erred in failing to follow the requirement (cited in its own
discussion) that, in this situatian, the "proper course, except in
s ~vl tSl :tSKVM'IVJI'tlN tlTA7'1 ; 4-14-95 ; 14:04 ; Bff&S- 3034792157;# 7/ $
0
ThoMas Mooreheado ]Erqa
April 140 1995
Page 6 -
gare. eircii" tanees, gs to reffiatnd to the agency" for additional
proceeding e ,
The basis gor the catagt°s approvag of the deficient EA was as
followsofirrst, the court itselg determisaed that the gelocation of
Mill Creek Road was 00epeculative, Bv anri therefoge not something that
would necessagily resealt in an environmeaatal impacto and second,
~e cour$ 00satisfied" atselg s~hag ~e agencyas consideratic~n of the
reloCation issue would not affect its issuance of a FdNS~ on the
lan~a~ excha~ngee l~gaan, the court appeags to have enqaged i its own
specuflative fact-ginolingo instead of gemaradinq to tti~ Forest
Serrice fog reconsgaleration of enviroxamenta1 impacts. Th se NEPA
issues present solad grounds for an appeal< ~
7. Procedural claims. Fillallyo the cougt also rejected Qur
sixth, sevesath and eaghth claims for relief. concerni%lg tJae
premature clvsing og the exchange. As yota will recall, these
Cgaiffis were necessagy ico address the defens~~nts°argumerats that t~ae
closirngr of the eatcha~'age mooted oux complaint. Ba~. g a
ezachaaeqe w$s impgopex- and violated ceptain pg ced a1 and due
parocess rights oWe sought to preserve the cotaxt° s jurisdiction to
reach the meritse We did not include those claiins in the motaon
gor summary y~dcjment becatase we structured that motion only to
address the key sbabstantive issues .in the casee Chief Judge
Fines~lver had already ruled t1aat the court hdd jurisciiCtion to
review thp merits og the exchangee The dismissal of taese claims
should prbbably be.included in any appeal an orciep to protect our
positgon against a cross-appeal by the defendantse
aa TeY-minagion og s ecial Use Permite The cotart also
raj ected our allegation that the TOWh ° 6 speaial use perffiit on the
I,odge Parcel was unlawfully terminated 9aecause, .in its view, the
original notice og termination pravided the Towm with an
opportunity to contest the proposed termination of its special use
raqhts. Disposition of this issue will depend on otag success an
the public interesg, NEpA, ancl equal value claiffis.
9. Post-Trgal AoLionse We have decaded not to gile a mation
to alger or amerad the court°s.judgment, as.Judqe 1Vottingham is
obviou6ly ugareceptave to our positivne There also seems to be no
reason to pursue a stay ag execution og the caurt°s decision and
ogdere You have andicated thag the present zoning and land use
segulations govegning the Lodge Parcel will
develapung or otherwise alterin the Arevent Y~PI' irom
9 parcel without Town approaala
10 o clli~~ g~~ nci ~stimated Costs oA United States gs a pa~.ty to tPaas case° r~e P~ave 60 daYsBecause s~h~
o w&1ti l Pay
u) :rsxunlvSlciiv HYA'I°I' : 4-14-95 ; 14:04 ; BHF&S- 3034792157;# 8/ g`
Thomas Moorehead, Esq.
April 14, 1995 .
Page 7
30, 1995,, in which to file the notice of our appeal in the 10th
Circuit. I estimate that our fees and costs for briefing and
arguing the appeal, exclusive of any appeal bond, would be in the
range of $2p,000. Of course, oux fees will be determined by the
actual time spent, and could be greater or lesser than this
estimate. I suggest we reach a consensus $ametime in early May as
to our appeal strategy,
rtrust the foreqoing will help you evaluate our position
in this case. If you have any questions, please do not hesitate to
call.
Ve ruly yours,
Charles B. White
CBW:af
1
I
\
~d
a4
TOWN OF VAIL
75 South Frontage Road Office of Town Attorney
Vail, Colorado 81657 MEMORANDUM
303-479-21071 FAX 303-479-2157
TO: Vail Tovvn Council
FROM: R. Thomas Moorhead, Town Attorney (
DATE: April 14, 1995
RE: Ordinance No. 5, Series of 1995
Attached is Ordinance fVo. 5, Series of 1995. The provisions dealing with physical control by
means of a tether remain in this ordinance as it was last presented to Council. At this time, we
have been unable to find any organization that is qualified or willing to certifiy animals as
discussed at the last work session so that a dog could be approved for being off of a leash. You
will also find attached the present ordinance as it deals with physical control of an animal.
It is my recommendation that the Town Council choose between these two alternatives. If in the
future an appropriate organization to provide certification is available, the leash requiremenY could
be revisited at that time.
2
(
RTM/aw
Attachments
. '
ANIMALS
6.04.170 License and tag-Possession and attachment.
Only the person who obtains a dog license and dog tag in
. accordance with the provisions of this c}iapter shall possess or
use the license or tag, and the person will attach the tag only to
the collar or harness worn by the licensed dog. (Ord. 26(1973)
§ 10.)
6.04.180 Kennels.
Dogs kept or maintained by a licensed kennel need not be
licensed pursuant to the provisions of this chapter while they
are within the confines of the kennel premises. (Ord. 26(1973)
§ 11.)
6.04.190 Running at large.
A. It is unlawful for the owner or keeper of a dog to permit his
dog to run at large on any bikepath or public park located
within the town or on any area located within the town and
described in exhibit A as attached to and made a part of the
ordinance codified in this section and'which can be found on
file in the office of the town clerk.
B. A dog shal( be deemed running at large as prohibited by
subsection A when it is off or away from the property or
premises of its owner or keeper and is not on a(eash of not
more than seven feet in length that is held by a responsible
person.
(Ord. 17(1986) § 2: Ord. 27(198 I)§ I.)
. . 6.04.195 Nuisance-Owner responsibility.
No dog shall be allowed to cause a nuisance. The owner of -
e~ery dog shall be held responsible should his do- cause a
nuisance. (Ord. 17(1986)§ 3.)
i~aii 1 1_23_86) 98
DOG REGULATIONS
6.04.200 Itunning at large-Elsewhere.
A. It is unlawful for the owner or keeper of a dog to permit his
dog to run at large within the town. This section applies to all
areas of the town other than as specified in Section 6.04.190.
B. Running at large, as used in this section shall be deemed to
mean that the dog is not accompanied by, within the sight of,
, and under the reasonable control of its owner, keeper or
other responsible person.
C. A dog shall be deemed not under control when it inflicts
injury or damage to the person or property of any person
other than the dog's owner except in the defense of the owner,
or the owner's family or property.
(Ord. 27(1981) § 2; Ord. 21(1977) § 16 (part).)
6.04.201 Tethering prohibited.
It is unlawful for the owner or keeper of a dog to tether or tie
the dog to any object on public property or way and to leave the
dog unattended on the tether or tie.
(Ord. 8(1978) § 2.)
6.04.202 Ytunning in packs. •
A. It is unlawful for the owner or keeper of a dog to per.mit his
dog to run at large in packs of three or more dogs, an_ywhere
within the town.
B. Running at large as used in this section shall be deemed to
mean the dog is not accompanied by, within the sight of and
under the reasonable control of its owner, keeper or other
reasonable person.
(Ord. 20(1982) § 1.)
6.04.203 Athletic fields and golf courses-Dogs prohibited.
It is unlawful for the owner or keeper of a dog to a(low his dog
to be on or within one hundred feet of any athletic field or golf
course within the town while any athletic event or activity is in
progress, except that a dog may be within one hundred feet of an
athletic field or golf course while any athletic event or activity is
in progress, if the dog is on a public road or right-of-way. (Ord.
17(1986) § 4.)
99 (v:,ii 12-23_X6)
m.
«
ORDINAIVCE N0. 5
SERIES OF 9995
AN ANIMAL CONTR0L AND CARRiAGE OPERATBONS OF3DINAIVCE
1A/HEREAS, to preserve the heal4h and welfare of the community it is incumbent upon the
Vail Town Council 4o adopt a comprehensive animal control ordinance; and
VVHEREAS, it is necessary to incorporate into i4s fViunicipal Code restrictions and
regulations concerning the permitting and operation of horse carriages within 4he Town of Vail.
IVOUV THEREFORE, be it ordained by 4he Vail Tovun Council tha4:
Section 1. Chapter 6.04, Dog Regulations is hereby repealed.
Section 2. I. ANIIViAL CONTROL.
1. INTENT. It is the intent of the Vail Town Council in adopting these pet animal
control and licensing regulations to declare tha4 a pet animal owner must assume full
responsibility and strict liability for the action of any pet animal owned, kept, controlled, or in the
custody of the pet animal owner.
2. DEFIiVITIOfVS. As used in this Ordinance, the following terms shall have the
following meanings:
"ABANDOiV" means to fail to provide any necessary care for a pet animal for any
period ofi 24 hours or longer. Such care shall include; bufi not be limited to; food,
water, protection from the weather, socialization, and removal of waste from the
animal's enclosure. For the purposes of this Ordinance, any pet animal is
presumed to be abandoned if, after the posting of a written notice describing
deficiencies in the animal care or the personal service of such notice, the
deficiencies are not corrected by any person other than an animal confrol officer
during the 24 hour period immediately following such posting or service.
"AiVIfViAL" means any living dumb creature.
"AIVIMAL CONTROL OFFICER" means any person empowered by Tovvn of Vail
to enforce 4he provisions of this Ordinance, Town of Vail Police Department
personnel, and peace officers as defined in 98-1-901, C.R.S.
"ANIMAL SHELTER" means any and all facilities and premises authorized by
Eagle County to care for pet animafs impounded pursuant 4o the provisions oT this
Ordinance. Such facilities and premises shall also be considered public animal
1
Ordinance No. 5, Serias of 1995
,
~
shelters for the purpose of impounding dangerous dogs pursuant to the provisions
of 18-9-204.5, C.R.S.
"ATTACK" means aggressive behavior resulting in bodily injury, serious bodily
injury, or death to a person or another animal.
"BITE" means the piercing, laceration, or breaking of the skin by the teeih or jaws
of any animal.
"BODILY INJURY" means any physical injury that results in severe bruising,
muscle tears, skin lacerations requiring professional medical treafinent, or fracture
of any bone or injury that requires corrective or cosmetic surgery.
"CAT" means any animal of the species Felis cattus or any hybrid thereof.
"CONTROL" means supervision of, or influence over, any pet animal sufficient to
prevent such pet animal from being in violation of any of the provisions of this
Ordinance. "Control" may be by other than physical means if it can be
demonstrated to be real and immediate at the time in question. For tne purposes
of this resolution, failure to control shall include the criminally negligent leaving of
an animal in circumstances that result in neglect, mistreatment, or abandonment
of the animal.
"DANGEROUS ANIMAL" means any animal that has inflicted bodily ar serious
bodily injury upon or has caused the death of a person or animal.
"DOG" means any canine animal, including those related to the wolf, rox, coyote,
or jackal.
"FERRET" means any animal of the species Mustala Putorius or any hybrid
thereof.
"HABITUAL OFFENDER" means any animal owner who has pled guilty to, or been
found guilty of, violating any provision of this Ordinance three times within any
eighteen month period. For the purposes of this Ordinance, any disposition of
charges involving probation or deferred judgment and sentencing shall be
considered to be convictions.
"HUMANE TRAP" means live traps which do not cause bodily harm to ihe animal
intended to be captured or bodily harm to any animal or person coming in contact
with such trap.
"MISTREATMENT" means every act or omission which causes, or unreasonably
permits the continuation of, unnecessary or unjustifiable pain or suffering.
2
Ordinance No. 5, Series of 1995
"NEGLECT" means failure to provide food, water, protection from the weather,
opportunity for exercise, socialization, or other care consis4en4 with the needs of
the species ofi the animal in questions.
"PET ANIMAL" means any animal so defined in Part 1 of ,4rticle 15 of Title 30,
C.R.S.
"PET AiVIMAL FACILITY" means any facility licensed as such pursuant to the
rl= .
provisions of Part 1 of Article 80 of Title 35, C.R.S.
"PET ANIMAL OWfVER" means any person, firm, corporation, or organization
possessing, keeping, having financial or property interes4 in, or having control or
custody of any pet animal.
"PHYSICAL COfVTROL" means control of an animal by means of a tether attached
to the animal, and held by a responsible person; or, confinement within a locked
vehicle or locked enclosure sufficient to prevent the animal from escaping.
"POISORI" means a substance that has an inherent tendency to destroy life or
impair healfh.
"POTENTIALLY DANGEROUS ANIMAL" means any animal that when
unprovoked:
1. Infficts any laceration or bruising upon a human or another animal, or,
2. Chases or approaches a person on any property other than the owner's in
a menacing fashion or apparent attitude of attack,
3• Is a venomous animal, or,
4• Is an animal possessing physical characteristics or demonstrated
tendencies that would cause a reasonable person to concluce that the
animal is likely to inflict injury or cause the death of any person or another
animal.
"PREMISES" means properry owned, leased, or expressly permitted to be used
by an owner. "Premises" includes any confined area or locality such as a
. residence, business, room, shop, building, or motor vehicle, including the open
space bed o# a truck wrhen the animal's presence is authorized by the owner of
such confined area or locality. "PROPER CONTROL OF A DANGEROUS AfVIfiNAL" means that, while on the
owner's premises, a dangerous animal shall be confined indoors or in a securely
enclosed and locked pen, structure, or motor vehicle suitable to prevent the en4ry
3
- ord'mance No. s, series of 1995
of young children and to prevent the animal from escaping. When off the premises
of the animal owner, the animal shall be under the physical control and immediate
supervision of the owner or other responsible person.
"PROPER CONTROL OF A POTENTIALLY DANGEROUS ANIMAL" means that:
1. While on the owner's premises, a potentially dangerous animal shall be
controlled by a chain, leash, or other confinement suitable to prevent the
animal from leaving the owner's premises, or, .
2. While off the owner's premises, a potentially dangerous animal shall be
under the physical control of the owner or other responsible person.
"PROTECTIVE CUSTODY" means the taking of an animal into custody by an
animal control officer to prevent the mistreatment, neglect, or abandonment of .
. such animat; or, impoundment of an animal because of the owner's inabifity to care
for the animal due to incarceration or transport to a medical treatment facility.
"QUARANTINE" means the confinement of an animal for observation to detect
symptoms of disease.
"RABIES REGISTRATION" means the vaccination of an animal with an anti-rabies
vaccine administered under the supervision of a licensed veterinarian, and the
retention of a rabies registration certificate by the pet animal owner.
"SERIOUS BODILY INJURY" means such injury which, either at the time of the
actual injury or at a later time, involves a substantial risk of death, a substantial
risk of serious permanent disfigurement, a substantial risk of protracted loss or
impairment of the function of any part or organ of the body, or breaks, fractures
or burns of the second or third degree.
"TETHERING" means the tying and leaving of a pet animal upon any property
other than the owner's own property.
"TRESPASS" means the entry of an animal upon any property other tnan that of
the animal's owner.
"VICIOUS ANIMAL" means any dangerous dog, potentially dangerous dog,
dangerous animal, or potentially dangerous animal as defined in this Ordinance.
3. FAILURE TO PROVIDE PROOF OF RABIES VACCINATION AND
REGISTRATION. It shall be unlawful to fail to provide proof of a current rabies vaccination and
registration for any pet animal possessed in the Town of Vail if the United States Department of
Agriculture has licensed a rabies vaccine for the specific animal in question. Such rabies
4
Ordinance No. 5, Series of 1995
registration shall begin when the animal reaches the age of three months, and shall be renewed
to maintain effacy through the period of licensing.
4. DOG LICENSIIVG REQUIRED. It shall be unlawful for the owner of any dog over
the age of three months to fail to obtain a valid Eagle County dog license after the dog has been
kept in the town for any consecutive fourteen day period within any calendar year or immediately
upon citation for any violation of 4his Ordinance. The owner shall ob4ain a dog license for each
calendar year. Dog licenses shall expire on December 31 st of the year for which they are issued.
Proof of current rabies registration with effacy extending through the license period and payment
of the license fee shall be required before any license is issued.
The license fees shall be set annually by the Town of Vail Towrn Manager. Dogs
kept as part of the operation of a pet animal facility licensed by the United States Department of
Agriculture or the Colorado Department of Agriculture pursuan4 to the provisions of Part 1 of
Articte 80 of Title 35, C.R.S. shall be exempt from fhe licensing provisions of this Ordinance.
Such dogs shall not be exempt from the rabies registration requirements of this Ordinance.
5. ATTACHMENT OF DOG LICENSE TAG TO COLLAR OR HARNESS. It shall be
unlavvful to fail to attach a valid dog license tag to the collar or harness of the dog for which the
license is issued. Such collar or harness shall be worn by the dog at all times wrhen the dog is
off the premises of the owner.
If any dog is unable to wear a collar or harness because of a medical reason
certified by a veterinarian, or because the dog is worked in a capacity that makes the wearing of
a collar or harness hazardous to the dog, the owner of the dog must have the dog tattooed with
a tattoo approved by the Animal Control Department.
6. FAILURE TO CONTROL AN ANIMAL. It shall be unlawful and considered a failure
to control an animal when:
A. Any dog is off the premises of the owner without the presence of a person
having physical control of the dog, or,
B. Any animal is allowed to become a danger to any person or property, or,
C. ,4ny animal trespasses on, or is tethered upon, any public or private
property without the permission of a person owning, leasing, or othennrise
controlling the property in question, or,
D. Any dog reaches past the perimeter of the owner's premises with its teeth
or claws, or,
5
Ordinance No. 5, Serias of 1995
E. Any animal is allowed to excrete body waste upon public or private
property when the animal owner or other responsible person does not
remove the waste in a timely manner, or,
F. Any female dog or cat is not confined during estrus in a house, building,
or secure enclosure constructed so that the female dog or cat cannot
escape, and no male dog or cat may gain access to the enclosed animal,
or,
G. A dog is not under physical control while in the yard of any multiple
occupancy building occupied by other persons; or in the common areas of
apartments, or condominium developments, or,
H. Any animal is not under physical control in areas posted as requiring any
animal to be on a leash/tether by any agency of the federal government,
the state of Colorado, or the Town of Vail, or,
1. Any animal is kept or left in circumstances which constitute neglect,
mistreatment, or abandonment, if the keeping or leaving is due to criminal
negligence on the part of the animal owner, or,
J. Protective custody of any animal is reasonably necessary.
7. INTERFERENCE WITH AN OWNER'S CONTROL OF AN ANIMAL. It shall be
unlawful for any person to perform any act which interferes with, prevents, or hinders the efforts
of an animal owner to control any of the owner's animals.
8. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER. It shall be unlawful
for any person to interfere with, molest, hinder, prevent, or obstruct an animal control officer when
such person can reasonably be expected to know that the officer is in the performance of duty
pursuant to the provisions of this Ordinance.
9. CONTROL OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS.
A. The animal control officer or his/her designees shall have the authority to
declare any animal as dangerous or potentially dangerous when the
preponderance of evidence indicates the animal is dangerous or potentially
dangerous as defined in this Ordinance.
B. It shall be unlawful for the owner of any animal declared to be potentially
dangerous to fail to exercise "proper control of a dangerous animal" as
defined in this Ordinance.
C. It is unlawful to possess any animal declared to be dangerous.
6
Ordinance No. 5, Series of 1995
D. Any animal owner sha{I have the opportunity to request an administrative
hearing to show cause as to why fhe animal in question should not have
been, ar should not continue to be, declared potentially dangerous or
dangerous.
The burden of proof shall be upon the animal owner to demonstrate
beyond a reasonable doubt that the behavior of the animal in question at
the time in question did not support the declaration of dangerous or
potentially dangerous as those terms are defined in this Ordinance.
The animal control officer or his/her designee shall preside at such
hearings.
Such hearings shall be requested in writing by mailing the request to:
Animal Control Officer, 75 S. Frontage Road, Vail, Colorado 81657.
E. Affirmative defenses. An affirmative defense to the declaration of a
potentially dangerous or dangerous animal shall be that:
(1) The other animal was trespassing upon the premises of the animal
owner, and the attack began, but did not necessarily end, upon
such premises;
(2) UVas biting or otherwise threatening or attacking the animal owner
or the animal owner's animal;
(3) The person attacked was committing or attempting to commit a
criminal offense, other than a petty offense, against the animal's
owrner, and the attack did not occur upon the animal owner's
premises;
(4) The person attacked was committing a criminal offense, other than
a petty offense, .against a person on the owner's premises or
against the premises itself and the attack began, but did not
necessarily end, upon such premises, or,
(5) The person tormented, provoked, abused, or inflicted injury upon
the animal.
F. VVhen probable cause exists to indicate that an animal is potentially
dangerous and/or dangerous and is not under proper control, any animal
control o#ficer may use any available means to ensure that the animal does
7
Ordinance No. 5, Series of 1995
not endanger any person. Such means shall include the destruction of the
animal, if necessary.
G. Any animal that is declared as dangerous shall be taken into custody by
the Eagle County Animal Control Department. The animal will remain
impounded at the Eagle County Animal Shelter and the owner shall be
required to post a bond to cover the anticipated expenses and costs of
such impoundment. If the owner fails to post such bond the animal shall
be destroyed.
10. DUTY TO REPORT ANIMAL BITES AND INJURY CAUSED BY ANIMALS. It shall
be unlawful for any person to fail to report any known information regarding an animal bite or
injury caused by an animal to the Vail Animal Control Officer. The report of the incident shall be
made within 24 hours after such information is received, and shall include the name, address, and
telephone number of the person making the report. The report may be made by telephone to the
animal control office on voice mail.
11. DUTY TO PRODUCE BITING ANIMAL FOR INSPECTION OR QUARANTINE.
It shall be unlawfut for any animal owner to fail to make available for inspection or quarantine any
animal when probable cause exists to believe that the animal has bitten any person. If a
quarantine period is necessary, the place of quarantine shall be at the discretion of the Eagle
County Animal Control Department. Any costs incurred as results of a quarantine period shalf
be the sole responsibility of the animal owner.
12. FAILURE TO COMPLY WITH CERTAIN TERMS OF A SALES OR ADOPTION
CONTRACT.
A. It shall be unlawful to possess any unsterilized dog or cat when such dog
or cat is required to be sterilized under the terms of any applicable sales
or adoption contract, regardless of where the contract originated, and,
B. It shall be unlawful to fail to comply with any of the terms of an adoption
or fostering contract when the animal is obtained from the Eagle County
Animal Shelter pursuant to such contract.
13. UNLAWFUL RELEASE OF AN ANIMAL. It shall be untawful to remove any animal
from the custody of Eagle County Animal Control, Vail Animal Control or Vail P.D. without the
consent of an animal control officer or police officer. "Custody" as used in this section shall be
confinement of an animal at the animal shelter or in any county vehicle.
8
Ordinance No. 5, Series of 1995
a -
0
14. IMPOUiVDiVIENT OF AiVIMALS. An animal control officer may impound any animal
that is not under control under the provisions of this Ordinance, or is no4 in conformity with any
of the provisions of this Ordinance.
An animal control officer may impound any potentially dangerous or dangerous
animal that is not under proper restraint. Upon establishing probable cause to believe that an
animal is dangerous or potentially dangerous, an animal control officer may perform such
impoundment prior to notifying the owner, if such owner is not immediately present to exercise
proper control of such animal.
As soon as practical after the impoundment of any animal, an animal control officer
shall make a reasonable effort to notify the ovvner of 4he animal of the animal's location by
telephone, posting of a notice at the owner's residence, or by vuritten notice mailed to the owrner's
known address, if the identity of the animal owner is 6cnowrn. If needed 4o establish the identity
of the animal owner, information contained on any identification, rabies, or license tag found
attached to the animal shall be used. -
15. DISPOSITION OF IMPOUNDED ANIMALS. Any animal impounded pursuant to
the provisions of this Ordinance, shall become the property of the Eagle County Animal Control
after 5 days of impoundment. Each partial day of impoundment shall count as one day.
Eagle County Animal Control may humanely euthanize any animal at any time prior
to the expiration of the 5 day impoundment period if the animal is extremely injured or ill, or if the
animal poses a risk to the health of any person.
The owner of any impounded animal shall be held responsible for all the costs of
impoundment and boarding and such costs shall be fully paid prior to the release of the animal.
16. FAILURE TO REDEEM OR PAY FIfVES OR FEES OR COMPLY WITH RELEASE
ORDERS AND STIPULATIOiVS. It shall be unlawrful for any animal owner to fail to make
arrangements for the redemption or surrender of any animal impounded pursuant to the
provisions of this Ordinance, or to fail to pay any fees associated with the redemption or
surrender of such animal.
17. THREATEfVIfVG OF WILDLIFE OR LIVESTOCK. It shall be unlawful to fail to
~onirui driy driirnai so as io prevent such animal from running after, chasing, pursuing, bi4ing,
worrying, attacking, or threatening wildlife or livestock. ,4ny animal threatening wildlife or livestock
may be immediately destroyed at the discretion of any animal control officer. A violation of this
section shall require a manda4ory court appearance by the animal owner. Upon conviction of any
9
Ordinance No. 5, Series oi 1995
.
violation of this section, the animal owner shall be required by the court to pay restitution for any
livestock or wildlife injured or kitled by the owner's animal or animals.
18. POISONING ANIMALS. No person shall poison or distribute poison in any manner
with the intent to poison any animal. It is a specific defense to a charge of violating this
subsection that the person intended to poison mice, rats, or rodents other than hamsters, guinea
pigs, and squirrels by the use of poisonous substance approved for such use by the United States
Environmental Protection Agency or that the person was regularly engaged in the business of fumigation or pest extermination and was so licensed by the State of Colorado.
19. TRAPPING.
A. When deemed necessary by the animal control officer for the health, safety
and welfare of the residents of the Town, such officers and/or their agents
may place or authorize the placement of a humane trap on any property
in the Town when the resident, property owner or properry manager
requests such a trap for the purpose of capturing any wild or pet animal
creating a nuisance in the Town. It shall be unlawful for any person legally
responsible for the placement of a trap to fail to monitor any trap set by
such person for the presence of an animal at least once every twelve (12)
hours.
B. It shall be unlawful for any person to set or cause to be set within the Town
limits, any steel jaw leghold trap, lethal snare, fully body grip trap or any
trap for the purpose of capturing or killing any animal. This subsection
does not appty to public officials in the exercise of their duties nor to
licensed, recognized trapping companies utilizing such traps in cases of
disease outbreak. In-such cases the express permission of the owner of
the land must be given.
Nothing in this subsection shall be deemed to prohibit the use of snap type
traps for mice or rats.
20. NUISANCE BARKING.
A. It is unlawful for any dog owner to fail to prevent his dog from disturbing
the peace of any other person by loud, habitual, and persistent barking,
howling, yelping, or whining, whether the dog is on or off the dog owner's
property.
10
Ordinance No. 5, Series of 1995
a
B. It is unfav+rful to possess any dog 4hat disturbs the peace of any person as
described in this section after the dog owner has received a wrritten
warning as provided by this section.
C. No person shall be charged with a violation o# this section unless a written
warning has been given at least seventy-4wo hours prior. The name and
address of the complainant shall appear on the written warning.
21. HABITUAL OFFENDER. It shall be unlawful for any person to become a habitual
offender as defined in this Ordinance, and any person so charged may be charged in addition to
any other charges brought pursuant to the provisions of this Ordinance and offending animals
ordered removed from 4he Towrn of Vail and/or other such remedies as imposed by the Court.
22. ENFORCEMEfVT. Animal control officers as defined in this Ordinance have the
authority 4o issue a summons and complaint or penalty assessment to any alleged violator of this
Ordinance. The penalty assessment shall be as set by the Municipal Judge for the Town of Vail.
23. PEfVALTIES. The following schedufe shall apply to offenses charged pursuant to
the penalty assessment procedure:
A. For all violations not invo{ving a dangerous or potentialfy dangerous animal:
First offense: $ 40.00
Second offense: $100.00
Subsequent offenses: $150.00
B. For all violations involving a potentially dangerous animal violations:
First offense: $ 75.00
Second offense: $150.00
Subsequent offenses: Mandatory court appearance
C. For all violations involving a dangerous dog at large, a habitual offender
charge, poisoning, trapping, failing to redeem animal or failure io pay fine
or fees, or threatening of wildlife or livestock:
P?ny offense: Mandatory court appearance
Mandatory fine upon conviction of $300.00
plus all associated costs and restiiufion
The above-stated fines are minimum penalties and all violations are subject
to the general fine provisions of up to $1,000.00 fine and/or up to 180 days
in jail.
24. POUVER OF MUiVICIPAL COURT. In addition to any penalties which may be
proviaed for in _this title for violation of any provisions of this section, the Municipal Judge shall
have the authority, upon making a finding that the dog constitutes a nuisance or that the dog
constitutes a real and present danger to the citizens of the Town, to order that the dog be
destroyed in a humane fashion.
11
Ordinanca No. 5, Series of 1995
,
.
II. CARRIAGE OPERATIONS.
1. PERMIT ISSUANCE.
A. The owners of horse drawn carriages and their employees, agents, or
subcontractors shall use and occupy the public right of way in a safe and
carefui manner.
B. The signature of the applicant or an authorized representative on a permit
shall indicate that all conditions of the application and permit have been
agreed upon and have been met, and the applicant may undertake the
activity specifically permitted.
2. TESTING. Each applicant and operator shall be tested by the Town of Vail or its
representative to determine the applicant's ability to operate a horse drawn carriage. The
applicant shall be responsible for the competency of all of his operators, carriages, and horses.
In addition, thereto, the Town reserves the right to require testing, observation of performance of
any operator, carriage, or horse at any time.
Testing shall include, but is not limited to the following areas:
A. General mechanical condition of carriage and harness.
(1) Carriage shall be in good condition with all wheels in
good order and running free. Shafts, fifth wheels and running gear
shall be inspected for condition.
(2) Harnesses shall be inspected for condition of worn
leather, buckles, proper fit, and adjustment on the horse.
B. Driver testing for ability to harness horse and hitch to carriage, in a safe
and competent manner.
(1) Driver shall demonstrate the ability to harness the horse and make
necessary adjustments for a proper fit.
(2) Driver shall hitch horse to carriage and make adjustments for
proper fit.
C. Testing of driver and horse under stress conditions for safe and prudent
operation.
(1) Driver shall maneuver through cone patterns showing ability of
himself/herself to perform "figure eight", turns right and left, backing
and maintaining a prolonged stop.
12
Ordinance No. 5, Series of 1995
0
a
(2) Driver shall drive the above described patterns again wrhile
undergoing stress testing. The stress testing may include but is not
limited to the followring:
a. Banners
b. Balloons
c. Rattfing tin
d. Black plastic
e. Firecrackers
f. Umbrellas
g. Various noise makers
h. Sirens
i. Fuses
j. Rolling innertubes
3. HOURS OF OPERATIOIV. Horse drawn carriages are permitted to operate at any
time seven days a week except (a) between the hours of 2 P.M. to 5 P.M. on Bridge Street, or
(b) in the Village Core or Lionshead Village areas on those days or those times as deemed by
the Town Manager when such operation would constitute a hazard to the public safety; e.g. 4th
of July, New Years Eve, etc. and with consideration of extreme weather conditions.
4. APPROVED ROUTES. Horse drawn carriages may operate on any street within
the Town of Vail with the following exceptions:
A. on any "gated" area commonly found on Town of Vail bus routes or bus
stops
B. on any area commonly referred to as a"frontage road"
C. on any portion of I-70
D. on any recreation path
E. the use of the east side gate on VVest Meadow Drive and the walking path
which exists befiween VVest Meadow Drive and East Lionshead Circle,
running between the Dobson Ice Arena and the Evergreen Lodge will not
4e inciudea in the restricted areas. "
5. LAVUS EfVFORCED. All state and municipal traffic laws are held to apply to the
operation of any carriage within the Town. Any infraction of said laws can result in loss or
suspension of certificate for operation for the subject driver or revocation of any Horse Drawn
Carriage Agreement that has been entered in4o with the Town of Vail.
13
Ordinance No. 5, Series of 1995
:
6. CARRIAGES UNATTENDED. Carriages shall at no time be left unattended and
drivers will remain with the carriage and in control at all times. Should it be necessary for the
driver to leave the carriage unattended, the carriage shall be unoccupied and the horses shall be
securely tied to designated fixed objects.
7. CONDITION OF CARRIAGES. All carriages used within the Town of Vail shall be
well maintained, in neat appearance and hitched appropriately with safety and serviceable
harnesses. Lights are to be of such luminance as to be readily visible at 500 ft., front and rear,
with signals for turns and stops. A braking system independent of the horse(s) is to be installed
and serviceable on any carriage operating within the Town. A sounding device, either horn or
bell, is to be available on each carriage. The horse(s) should be familiar with said device and
demonstrate no adverse reaction to such device when used.
8. REQUIRED EQUIPMENT.
A. buckles (no snaps) on harness ends
B. throat latch
C. blinders
D. nose band
. E. Brichen
F. buckle safes or keepers behind all buckles
G. whip
H. round collar or breast collar style harness
I, kickstrap
J. diapers
K. sharp knife
L. harness bells
9. NUMBER OF HORSE DRAWN CARRIAGES. It is the judgement of the Town
Council that in order to enable the Town bus system to function properly and to protect
pedestrians within the Town that controlling the number of horse drawn carriages operating within
the Town of Vail is within the public interest. To this end, the maximum number of horse drawn
cdf?idyes io oe operated reguiariy on tne streets of Vail is a total of four (4) to be allocated to all
approved companies. The Town Manager has the authority to specify the locations of operation
of the horse drawn carriages. The maximum and minimum number of horse drawn carriages
operated by any approved Company shall at all times be within the limits determined by the Town
Council and Town Manager applying the principles of a public convenience and necessity.
14
Ordinance No. 5, Series of 1995
a -
6
10. PENALTIES. The following schedule shaii apply to offenses charged pursuant to
the penalty assessment procedure for a{I offenses involving a carriage operation violation:
Firsf offense: $ 75.00
Second offense: $150.00
Subsequent offenses: Mandatory court appearance
The above-stated fines are minimum penalties and all violations are subject to the
general fine provisions of up to $1,000.00 fine and/or up to 180 days in jail. There
shall be a mandatory revocation of a carriage operation's permit upon a third
violation of this Ordinance within an eighteen (18) month period of time.
Section 3. SEVERAB{LITY. If any part, section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance; and the Town Council hereby declares it would have
passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 4. The Towrn Council hereby finds, determines, and declares that this Ordinance
is necessary and proper for the health, safety, and welfare of the Tovun of Vail and the inhabitants
thereof.
Section 5. The repeal or the repeal and reenactment of any provision of the Municipal
Code of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceedings as commenced under or by virtue
of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
Section 6. 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. . . . . _ _ . . . v - r,,...
15
_ Ordinance No. 5, Series o' ' 995
,
a
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this day of , 1995, and a public hearing shall be held on this
Ordinance on the day of , 1995, at 7:30 p.m. in the Council Chambers of the
Vail Municipal Building, Vail, Colorado.
Margaret A. Ostertoss, Mayor .
ATTEST:
Holly L. McCutcheon, Town Clerk -
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1994.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\ORD95.5
16
Ordinance No. 5, Series of 1995
Y
~
Q
O.RDINANFAE NOe 9
Series of 1995
AN ORDINABVCE REZONING A PAFiCEL OF PROPERTY LEGALLY
DESCRABED AS TRACT C, !/AIL VILLAGE FIRST EFILBNC FROIIA GENERAL. USE
D9STRICT TO PFiIMARY/SEC0NDARV RESIDENTIAL DISl'RICT; A1VD AMENDIIVG
'D"HE OFFICIAL ZON9NC, MAP 8N fiELATlO1V TO THE REZOIVBfVG OF Se46D
PROPERTYe
1IVHEREAS, the property to be rezoned is located within the municipal limits of the
Town of Vail; and
VVHEREAS, the Planning and Environmental Commission has considered the
appropriate rezoning for the property and has unanimously recommended that the
Town Council rezone the parcel from General Use District to Primary/Secondary
Residential District; and
1IVHEREAS, the Town Council considers it in the public interest to rezone said property.
iVOV1/, THEREFORE, BE IT ORDAIIVED BY THE TOVIIN COUNCIL OF THE TOVVIV OF
VAIL, COLORADO, AS FOLL0IIVS:
Section 1.
The Town Council finds that the procedures for the provision of rezoning property in the
Town of Vail have ben fulfilled, and the Town Council hereby received the report of
recommendation from the Planning and Environmental Commission recommending the
rezoning of said property.
Section 2.
Pursuant to Section 18.66.100 - 18.66.180 of the Vail Municipal Code, the parcel of
property legally described as Tract C, Vail Village First Filing is zoned as General Use
District.
Section .
As provided in the ordinances of the Town of Vail, the zoning administrator is hereby
directed to modify and amend the official zoning map to include the zoning specified in
Section 2 above. •
. y
~
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 effect the validity of the remaining
portions of this ordinance;; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences,
A
clauses or phrases be declared invalid.
Section 5.
The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6.
The repeal or the repeal and reenactment of any provision of the Vail Municipal Code
as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under 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 7.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 18th day of April, 1995. A public hearing shall be
held hereon on the 2nd day of May 1995, at the regular meeting of the Town Council of
~
the T'own of Vail, Colorado, in the Municipal Building of the Town.
Niargaret A. Osterfoss, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
READ AiVD APPROVED OIV SECOfVD READIiVG AfVD ORDERED PUBLISHED
by title only this 2nd day of May, 1995.
Margaret A. Osterfoss, Mayor
ATTEST:
Fiolly McCutcheon, Town Clerk
~
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 10, 1995
SUBJECT: A request to rezone Tract C, Vail Village First Filing/967 Vail Valley Drive from the
General Use Zone District (GUD) to the Primary/Secondary Residential Zone
District (P/S).
Applicants: Vail Valley Consolidated Water District, represented by Pat
Dauphinais .
Planner: Jim Curnutte
1. VNTR0D93CT10tiU AND BAC9CGROl9ND
The Vail Valley Consolidated Water District has requested a zone change for the Gore Creek
Water Treatment Plant property located at 967 Vail Valley Drive/Tract C, Vail Village 7th Filing.
The properry is currently zoned General Use District (GUD). The water district would like to
change the zoning designation of this property to Primary/Secondary Residential (PS).
Since the water treatment plant has stood vacant for the last 10 years, and the water district has
no need to resume its operation, they have determined that this property is surplus to their needs
and intends to dispose of it at its fair market value.
16. BACKGROUND
The Gore Creek Water Treatment Plant came on line in the early 1970's as a surface vuater
treatment plant for the Town of Vail. The well water intake for the plant is located in Gore Creek,
directly north of the plant. During its peak production period, the ptant produced approximately
0.75 million gaflons of treated water per day. Operation of the Gore Creek Water Treatment
Plant discontinued in December of 1985, with the addition of the Vail Golf Course wells.. Since
that time, all pumps, lubricants, and chemicals have tieen removed from the.property and the
plant has stood vacate.
On February 27, 1995, the water district received Planning and Environmental Commission
(PEC) review and approval of their request to change the Vail Land Use Plan designation of this
property from Park to Lowr Density Residential. In reaching their recommendation for approval of
the Land Use Plan change, the PEC considered and discussed the appropriateness of using the
property as a park, the appropriateness of the proposed residential use of the property, the
removal of all abandoned uvater related equipment on and off of the property, the dedication of
golf course cart path and road easements on the property, and where the proceeds from the sale
of the property uvould be invested.
On March 7, 1995 the Vail Tovun Council approved Resolution No. 5, Series of 1995 which
authorized the change to the Vail Land Use Plan from Park to Lovu Density Residential.
Resolution fVo. 5 contained five conditions which must be addressed by the applicant prior to the
transfer of ouvnership of the property.
~
~
,
III. ZONING AtdALYSIS
The following chart shows the relationship between the development standards of the existing
General Use zoning on the property and the Primary/Secondary Residential Zone District being
requested.
Development Existing General Proposed Primary/Secondary
Standards Use Zone District Zone District
Lot Size: 0.45 acres or Same
19,602 sq. ft.
Dwelling Units: Type III and IV EHU's; Number per Two dwelling units in a .
lot to be determined by the PEC. Primary/Secondary structure
and a Type I I EHU.
Allowed Uses: Examples include: public and private Single Family or Primary/Secondary;
schools, public theaters, churches, and a Type II EHU.
hospitals, public recreation facilities, etc.
GRFA: To be determined by the PEC. 5,060 sq. ft., (includes two 425 sq. ft. credits)
Setbacks: To be determined by the PEC. 20 feet froM, 15 feet side and rear
Site Coverage: To be determined by the PEC. 3,920 sq. ft., or 200%
Landscaping: To be determined by the PEC. 11,761 sq.ft., or 60% required
Building Height: To be determined by the PEC. 33 feet for a sloping roof.
Lot Area and Site Dimensions: To be determined by the PEC. 15,000 sq. ft. of buildable area,
30 feet of minimum frontage, and must be
capable of enclosing a square area (80 feet on.
each side) within its boundaries.
IV. CRrTERIA AND FIPIDINGS
The following criteria and findings shall be used in the evaluation of the zone change request:
A. Suitability of the proposed zoning.
As stated in the zoning code, the General Use Zone District "is intended to insure
that public buildings and grounds and certain quasi-public uses permitted in the
district are appropriately located and designed to meet the needs of residents and
visitors to Vail, to harmonize with surrounding uses, and in the case of buildings
and other structures, to insure adequate light, air, open space and other amenities
appropriate to the permitted types of uses." The purpose statement contained in
the Primary/Secondary Residential Zone District states that this district "is
intended to provide sites for single family residential uses or two family residential
uses in which one unit is a larger primary residence and the second unit is a
smaller caretaker apartment, together with such public facilities as may
2
a
~
~
appropriately be located in the same district. The two family Primary/Secondary
Residential Zone District is intended to insure adequate light, air, privacy and
open space for each dwelling unit, commensurate with single family and tvvo
family occupancy, and to maintain the desirable residential qualities of such sites
by establishing appropriate site development standards."
The PEC and Town Council's recent approval of the uvater districYs request to
change the Land Use Plan designation of the property from Park to Low Density
Residential would support the applicanYs contention that the existing General Use
zoning on the property is no longer suitable. The proposed Primary/Secondary '
zoning is consistent with the current Land Use Plan designation of the property.
Additionally, Tract C meets, and exceeds the minimum lot area and site dimension .
requirements necessary for primary/secondary zoned properties. As required.in
Section 18.13.050 of the Vail Municipal Code, the minimum site area shall be
15,000 square feet of buildable area, and each site shall have a minimum frontage
of 30 feet. Each site must also be of a size and shape capable of enclosing a
square area, 80 feet on each side, vuithin its boundaries.
B. Is the amendmenq proposal presenting a convenieeat; workable rela4ionship
among sand aases consistent with municipal objectives?
The staff feels that the ptoposed Primary/Secondary zoning designation would be.
consistent with adjacent land uses. The proposed use of Tract C, for either a
single family residence or a primary/secondary building, will be compatible with
the character of the neighborhood in terms of density, scale, mass and bulk, and
general site planning.
C. Does the rezoning proposal provide for the growth of an orderly and vBabOe
community?
Staff believes that the proposed rezoning would provide for the growth of an
orderly and viable community. The applicant has indicated that the proceeds from
the sale of this property will be dedicated to the water districYs future capital .
improvements wi hin the Vail Valley. Specifically, the applicant believes that all or
most of the money will be used for the construction of a new one million gallon
water tank in the East Vail area. The new tank will not only improve fire flows in
the East Vail area but will also provide a reservoir of water for other emergency
situations, which require the expenditure of large amounts of water.
D. Bs the proposed rezoning consisten4 with the Vail Land Use Plan?
Staff believes that the proposed rezoning is consistent with the Land Use Plan.
As mentioned in the background section of this memorandum, the Land Use Plan
uvas recently amended to change the plan designation of this property from Park
to Low Density Residential. Primary/Secondary residential development is
considered to be an appropriate use within the Lovu Density Residential
designation. The PEC, during the hearing on the Land Use Plan change, felt that
this tract is of a size and shape capable of accommodating a single family, duptex
3
~
~
,
or primary/secondary structure and that the property appears to be the logical
western terminus of the adjacent Primary/Secondary zoned residential
neighborhood. Additionally, the proposed rezoning would appear to carry out the
following goal statements contained in the Vail Land Use Plan:
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infl. areas).
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist. V. STAFF RECOMMENDATION
Staff recommends approval of the requested rezoning of Tract C, Vail Village 7th Filing from the
General Use Zone District to the Primary/Secondary Residential Zone District. Staff believes that
the proposal meets the zone change criteria, as addressed in Section IV of this memorandum,
and that the Primary/ Secondary Residential Zone District designation is the more appropriate
zone district for the uses which are anticipated for the property.
f:\everyone\pecUnemos\wcwd.410
4
TOVIIN OF VAIL BOUNDARY
,
R: o-rt PEaa
PIAT
-
SDD 17 VAIL VALLEY D6al
a $6::::.
/ INTERSTATE 70
.~~.c~..~...i~...ii.~ii~..~.i~~.... •~i~
/ •~~~~~~••••~~~•~•~i::i:i::iii::iii::i
• ,,,,,,,,,,,,,,,,,,,,,,,,,.,.,.,.,,7i~'l;g,,,,..,,,,,,,~
, ~
•„~y,,,, „ , ~ , . . . .
ii..ii.iiiiii..ii.iii. . Wv~(~ ~ ' 4 0 o Q y 4
•.Y.c..i.r ii.i..i........ -8~ c Q ~ 6 R a7 0s
•i7s~11A7//iii~i/iiiii~/ ~ ~~~i~i~~ ~ V ~ / O
iiiiiiiiiiii iiiiii • U f - ~ iiiiii / ~ i
•/iiiiiii/~ o< fl - ~ ii~ii i I\\ ~~c Kv
•iii! b Q-O -io
b O d~(s
o p U py~ O" o~ o
~ . °p y o090 ~ o~o o R s~~vEx f o000 ~~p
8 o Q q O~O iYO o a0o0 b ~ .
OMN O~~ Q~oo~ ~O
/iii 0n-p-
80 ~p.U. ..r~iii 'rTfiiiiiiiiiiiiiii ~ 1.• ~
0p
, .ea ..r
0 0
10 p :r...~
O~O O ~OO .r'}y~r
4 ....~...~..i......~.~~.i~~
A O
0
iiiiiiii OOpO a0 Z Op 00 pp0 0000 y ,,..a
~ ~i».•iiiiiiiiiiiiiiiiiiiiiii iii p qb° p Q
Oa 6. ~b 6 0 O 0FBO
0
p O ~6 O
00 O~O -0 O
~r'V~1?i:~Vi~I9Y~ill~~Y6Yii iiiii iii ~ - " - _
W~ ~D
-1~---~~- iiiiiii.•iiiiiiiiiiiiiiiiiiiiii iiiiiiii
S.~ ...i.ii;..iiiiiiiiiiii.iiiiiii iiiii p _ y . . • J ~
iiiiiii:iiiiiiiiiiiiiiiiiiiii• -G ~ . .
N
.i/ii/i/.•iii//ii/i/iii AIRWAY r.~°'~ ~ ~i j " W
/i:'/•/i/// /J / ~ ~
1 • y ~ IAT
_-?-r' ~LL.L p/ i ~ '
7 rrr
Aiii
. '-----------~,•tPS PNE.`9ItEf HY WIiE EVI I SiSEET .
L SDD~ EAGLE ~'aLLEY CNGIqEERIN, b SURVFYI~IG INC. - ~
VAIL. f,OIORAf:J 176-4873 -
~
~ • ~
~
7RACT A VAII VILIAGE
' EIGHTH PILINC '
. ~ . er~...~ i .
~ - u.iww \ \ {
! ~ / ~ •
} 111 i / /
i
~/G
\i"
~ j~
UNPLATTED
('ORD F.:RK)
,d • ,
-co
" \ ~ ~ /
9 f ~~~E~~ s~ •~1i'/, ~ ~ '<<.~..
A~.,
~ ~ ~ . ~ ~ ' '~i.
~
~ ell~ i~~' l : _ _ . i . . ~
W . . . ~ ~6~ i ~ ` i.'ir`~ ' r+~ ~i/ ~ :o ~
Top`1, C
i ~
;
,
~ ~ ~ ~ - . r' \ ~'i r..• ~ ` /h/
' I `.~0. ~ , / ~7
/ . t~ ` : '-'`,r~~ \ ~ % /y ~
S \ . , I ~ / ' ; •
LoT I
• ;a ~ - \ / ~
V!.L! ry
. ~ ~~:t ~ , i . .
Gi.^,E
~-e,•.2•~r , ,
21•27•29' t - 7.00 ~ N•2.SA0 . +~~.v.: r. ~ ~ ~ .
/
l~I0J.70 `~T
t.t.O.Ji ~so~ R.O.K, T0?OG?A?H:C SU?.1TY
'G-74t.C4 • ~ ~Y 7=aCT C .
' Ce-S 0. Je'iJ [ •-''l %iLLAGE.. SEY_%TH FiIINC
h`4 0F V;.iL
eAC'-E cou*Nrr, coLoRAao..'
- -.r,. . ~ .
n
J
7
PILANNING AND EIVVBRONME6VTAL COAAIIAISSION
April 10, 1995
MINl.9TES
MEMBERS PRESENT: MEMBERS ABSEIVT• STAFF PRESEiVT:
Greg ,4msden Dalton Williams Mike Mollica
Bob Armour Lauren VVaterton
Henry Pratt Jim Curnutte
Jeff Bouven George Ruther
Kevin Deighan Lorelei Donaldson
Greg Moffet
Public Hearing 2:00 p.en. The meeting was called to order by Greg Amsden at 2:00 p.m.
1. A request for a conditional use to allow for a Type II Employee Housing Unit (EHU) to be
located at 126 Forest Road/Lot 5, Block 7, Vail Village 1 st Filing.
Applicant: Ron Byrne
Planner: Lauren VUaterton
Greg Amsden stated that the applicant requested that this proposal be tabled to the next
meeting.
Jeff Bowen made a motion to table this proposal to the next meeting, subject to the length of the
next PEC meeting agenda. This proposal may, at the PEC's discretion, be tabled to another
meeting at a later date. Bob Armour seconded the motion. The vote to table this item was
unanimously approved uvith a vote of 6-0.
2. A request for a rezoning from General Use District to Primary/Secondary Residential
District to allow for the development of a primary/secondary residence located at 967 Vail
Valley Drive/Tract C, Vail Village 7th Filing.
Applicant: Pat Dauphinais for Vail Valley Consolidated VUater District
Planner: Jim Curnutte -
Jim Curnutte presented the request to the PEC. Jim stated that the staff has the chronological
history of this property dating back to 1932. There is a letter in the permanent fites that shows
that the Vail Valley Consolidated Water District (VVCWD) asked-the Town if they were interested
in purchasing this property. At that time, the Town was not interested in this piece of property.
The Vail Recreation District (VRD) can use the pumps located on the property, so VVCUND will
give the pumps to the VRD. Staff feels that the applicant's proposal meets the criteria and
findings stated in the memorandum and recommends approval of this request.
Greg Amsden asked for public comment. Ann Repetti, a neighbor, stated that she was ok with this proposal to change the zoning to
primary/secondary and that it would fit well with the surrounding neighborhood. She stressed
Planning and Environmental Commission
April 10, 1995
' Minutes
~
r
that this would be the most appropriate change to this property and should not be used for ~
anything else (i.e. no bus turn-around, no truck turn-around, no park, etc.).
Bob Armour made a motion to approve the proposal request to rezone the property to
Primary/Secondary as per the staff memorandum. Jeff Bowen seconded the motion. The
request was unanimously approved with a vote of 6-0.
3. A request for a conditional use to allow for an outdoor dining deck.for the Daily Grind
located at 288 Bridge StreeULot B, Block 5H, Vail Village 1 st Filing.
Applicant: The Daily Grind Coffee House
Planner: George Ruther
George Ruther made a presentation to PEC. The applicant is requesting a conditional use to
place an outdoor dining patio to the west and in front of the Daily Grind, in the plaza area.
Because of liquor laws, there is a requirement to separate the pedestrian way from the outdoor
dining area when alcohol is to be served in the outdoor dining area. The applicant need: ,
physically separate the pedestrian way from the outdoor dining area. The applicant proposes to
place seven wood planters on the plaza site to separate the outdoor dining area from the
pedestrian way. Staff reviewed the Town of Vail (TOV) Municipal Code, The Vail Village
Comprehensive Plan, and the Vail Village Urban Design criteria. Staff has several concerns.
The Vail Village Comprehensive Plan recommends placing outdoor dining areas when and where
appropriate.
George stated that staff believes there is a possible obstruction from the pedestrian area to
access the Sunglass Hut. Also, staff doesn't like the placement of ihe temporary planter
structures, and would like to have more permanent planters. The applicant is proposing to serve
alcohol on the outdoor dining area. The outdoor dining deck may prohibit pedestrian access to
the Sunglass Hut. Staff also has a concern about trash disposal for this area. Jim Hoza, the
Public Works had placed a trash receptacle in the plaza area to help collect additional
trash in this area. Since the applicant questioned why a TOV public trash receptacle is in this
place and would like to see it removed. As of today, Jim Hoza was removing this trash
receptacle. Staff believes that if this conditional use permit is approved that one of the
conditions would be to place a trash receptacle on site.
Another concern to staff is the type of materials to be used for the chairs and.tables. The tables
and chairs are made of plastic. Staff feels that wrought iron or wood tables and chairs would be
more appropriate for the Vail Village. . ,
Staff is recommending denial of this request.
Kaye Ferry, the applicant, stated that they used the planter material that the staff suggested.
She suggested that they could use a chain to separate the outdoor dining area from the .
pedestrian way. She also stated that Curtin-Hill is using the same material for their tables and
chairs as she is proposing and feels it is very confusing as to what is or is not acceptable and
common around town.
Greg Amsden asked if the Daily Grind has a lease for the space in front of the Sunglass Hut.
Kaye Ferry stated that the lease includes the area from the Rucksack to the front of Max
Alexander's (sunglass hut??) store. , Planning and Environmentel Commission
April 10, 1995 .
Minutes
2
a
ORDIIVAINCE NO. 8
SERBES OF 1995
AIV ORDIIVAiVCE REPEALIfVG AND REENACTING ORDINANCE N0.7, SERIES OF 1993, TO
PROVIDE CHANGES TO AREA A REQUIREMEiVTS FOR SDD fVO. 4
THAT COfVCERIV THE DEVELOPMEIVT PLANS FOR THE UVESTHAVEIV CONDOIVIINIUMS
(THE RUIiVS) DEVELOPnIIEfVT SITE;
AfVD SETTING FORTH DETAILS IIV REGARD THERETO.
VVHEREAS, Gerald Wuhrman has requested an amendment to the existing Special
Development District No. 4, Area A; and
VUHEREAS, the Planning and Environmental Commission has recommended that certain
changes be made to Special Development District No. 4; and
1IVFiEREAS, 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. 7, Series of
1993 to provide for such changes in Special Development District No. 4, Cascade Village.
iVOUV, THEREFORE, BE IT ORDAIIVED BY THE TOVViV COUNCIL OF THE TOWiV 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 vuith 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
C(1?T1P1rPF10?1CI\/P PIa?1. CP,olinI I~P~iAln??mcni Ilictrin4 hln A lo nrCvw4orl 4n onniorn 064+ 41+~ rlninlnvT~n4
~ •r • -r- . ,.r... .r......... . . . . . ..r... .
density uvill be relatively louv and suitable for the area and the vicinity in which it is situated, the
development is regarded as complementary to the Town by the Town Council and the Planning
Commission, and because there are significant aspects of the Special Development District uvhich
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
pertorming arts theater or cultural center. -
B. "Transient residential dwelling unit or restricted dwrelling uniY" shall be defined as a
dvuelling unit located in a multi-family duvelling 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 wrhich 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 0.9
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 iVo. 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 iVo. 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
0
Area Knouvn 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--Approvai Procedure
A. Each development area with the exception of Development P?reas 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
1lVaterford 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 IVo. 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
northuvest corner of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dvvelling;
5. Single Family dwelling;
6. Two-Family dwelling;
7. Transient residential dwelling unit;
3
0
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 dwrelling; 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 dwrelling;
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 Niunicipal Code,
"Section 18.04.135 shall be a conditional use for dwelling units in the V1lesthaven
multi-family duvellings. Fractional fee ownership shall not be applied to restricted
employee dvuelling units or transient residential dwelling units. Ouvnership 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.
B. , Area B. Coldstream Condominiums
1. Public park and recreational facilities;
2. Ski lifts.
4
C. Area C. Glen Lyon Du le~ x Lots
1. Pubiic park and recreational facilities;
2. Ski lifts.
D. Area D. Glen Lvon Commercial Site
1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253.
18.46.070 Accessory Uses
A. Area A. Cascade Village
1. Minor arcade.
2. Home occupations, subject to issuance of a home occupation permit in
accordance writh 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 writh 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
nnpratinn tharanf
-r-----'---
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, svuimming pools, tennis
5
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 ActivitX
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 establishmenYs own property.
Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
18.46.090 Density--Dwellinq Units
The number of dwelling units shall not exceed the following:
A. Area A. Cascade Villaae
In Area A, a minimum of three hundred fifty-two (352) accommodation or transient
dwelling units and a maximurn of ninety-four dwrelling units as defined by the tables in
Section 18.46.103 for a total density of twro hundred seventy (270) dwelling units.
B. Area B. Coldstream Condominiums
Sixtv-five (5-5) dwalling i initc
C. Area C. Glen Lyon Duplex Lots
One-hundred four (104) dwrelling units.
D. Area D. Glen Lyon Commercial Site
4. Three dwelling units, tnro of vuhich shall be employee dwelling units as defined by the
6
table in Section 18.46.103F.
18.46.100 Densip/--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 Gommercial 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 I I I per the approved development plans. The micro-brewery
and associated uses shall be constructed per the approved develDpment plan.
18.46.103 Development Statistics for Area A. Cascade Villaae, and Area D. Glen Lyon
Commercial Site
7
CHART 1: Area A Completed Projects
Retail/ Square On-Site Cascade Structure
AUs DUs GRFA Commercial Foot Parking Parking
MILLRACE I 16 20,000 20 0.00
• . • . s..
e•~..
. a+•o,.. .
, . • • . . d . ; ..''~"Ja
. : • .
~ . • .x.. . ~
. . . o:•....r: . `3. . , . . . ~ x L~
. . . .ti~~.` : . . . . . : ~ . . . .
MILLRACE II 14 17,534 25 0.00
,:x.,.:;~,. :f:: • •e . :,.,.,•c!: + <::a:• • ' < : .~:xt.+~:~'a•c.~•t•
AAILLRACE IV
Units`"' 6 10,450 19 0.00
• . • • ~ : . .
WESTIN 148 55,457 0.00 115
Alfredo's 104 Seats
Cafe 74 Seats
Little Shop 1,250
Pepi Spons 2,491
W& H Smith, Vaumot 900
. • . •
. . .
. . k : { ' • :ia2'~•--.it;~ ~ :4 .
CMC BUILDING
Cascade Wing B 15,870 0.00 16
Clancy's 1,600 0.00 13.3
Theater 4,220
28
College Classrooms 0.00 40
College Office 0.00 4
Theater/Meeting Room 2J 1,387 0.00 11.5
•y »'rar ''x n• f ;i~Cw • ' :uC•: ~ x; •,c • :,i< >w x. • •
.•:..Sx• .'G~:;" .~:•°:,•~*~d:.'~$:.:'wG: .;;:;aa;<~c.A.;/r~5,?ri' }'.2•,.;0.''.~t~'jl„+i,G :N•;Sr~.~'t.i:,ar,.w-~aµ3'w• ':?k^•. .,4k:.'• :<ri..'<.?<?;
?
;~w.• .vy vyC '~<".+~~'if :~:.:i'.`•.`•<:•:S•+~v:,•,,~},~'~..:i}Y:~;v,} :ifr: r.~+V.,~'.~S'.~i;%}:.:.' nf•.'tiY:}iTtw,~,'',Y~:'.•: :+.;'F,.=:4W'+'~'Y?i~A,N,O',.~",. .:i`.??~{Yf:.ti'~~ ::!i, .
. . . . .
. . . y::..... . . r.~ r . . . .
TERRACE WING
Rooms 120 58,069 0.00 105
Retail 5,856 0.00 20
• . . : . . . • ,,:ri..; ~r~:
_
. { ~ x . ~ ' .d~~dc : . {~}n~r~;'i,•:~'w:~~?i'~i l y..~^.."`~b^R''~r~w.'.`tt{iaa:~c{ :'.v3: ' v w
. . . ;t:M.. . . . . . . pwr...w.. .'l .
w.v, i,>.;ri}+x,.,,~,,`•n w mv,n,L;}
•i..
. • ~ ~ . , + '
• . rr' :u». ...:•%3'a ~ ,rx . y . . n ~ti
PLAZA 1
Rooms 20 7,205 0.00 16
Retail ' 1,099 0.00 4
. ' . ~,•:x <
• .s . G •n
PLAZA II
Conference 0.00 35
Retail 0.00 3
•04925
CASCADE CLUB
Retail 00 0.00 1
Bar & Restaurant 252 0.00 3.5
Office in CMC 828 0.00 3
Wellness Center 1,386 0.00 7
Office in Club 420 0.00 1.4
r.~~r,~, . ~ • a. r. . : . •
. , r v ' ti• i•: v4 ' ~ ~t(~$~~
v.•... ' ~iG' :i~}tiy,• r.~~h'~ti,MF~~I i} i.t~'{.tiir\~
.•:'.Li•::: • v.ti,~v`, ~.i}:.:.,•• r ? :y,.vir'. :y,yrv;n•v. v.~. y m.y xx ; •.{4 ~';L+C
TOTALS 288 AU 44 DU 184,585 19,173 72 426.7
"'For the purposes of caiculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed
for each enclosed parking space, per Section 13.46.210(c)(5)6)
8
I
CHART 2:
PROPOSED PROJECTS
cegcaaa
Square On-ske Shuctured
1. CORMERSTONE AU or TR DU GRFA Commercial Feet Parking Parking
Units 64 TR 28,110 53
Employee Units' 3 1,800 11,100 3
Retail 11,100 37
TOTdLS 64 TR 28,110 11,100 93
.,:k.: • „
~ ~
2. WATERFORD
Units 27 56
Employee Units 2 1,100 2
TOTdLS 27 47,500 58
sw
.o:csw~ • a 'S}x~tw. .
. ' . Y: . . . M1 : .:~rx :
s. wresniAvew
COPIDORAIWIUAAS
Units 20 22,500 40
Employee Units (Max 70 6,400 20
TOTALS 20 22,500 60
• ,
V., • . • w,. .
kfw',`.?t .
` a. :o:r . : . .a: • ,~;:~.a: . :ascc:~A~`,w..w~ : ~`t, . . .
. .~~.~,~~~.~,'~.,'t.;;:. . ' .ia:a.. .;~"~,.~~,G,'....•a+k,.w{c;,~..;:,..':"~s.kc'•° ~'x;'
.,.v.t::: .t't~t•. .o....:.`{o:~.'»:+:~::`.'9i;•+'i+, .x .k~:.ai.. .:,a,'n'
4. Mlllrece 111
Units 3 6,450 7
TOTALS 3 6,450 7
• . . .
• x;. , .:...::x•:... .
. . . ,~..,>.A: .o-'.• o:,'•,:.. . ,.ttx,':. • ..~',,c, • t<;x;^;:,.•..,.; ' ::;>i:•;,.;:.:;::,~2;:::t :.;5,:: '~•~:i:'tF~•::~%: L ;~.~.•y.M,ti . .
~N~. •,t, yr~.~, "`'~~w,iN::it;;,v+~~, ~q .i.•".•'+:
y
,'OC;\~. . vJ6k.. . a;•. :i,~ {T~ v. :.v. , . ~ .::6ii:,>•;, >?:,S,.,yi;~:.~'hi~•'.i~{M:. },i?}}:.. :~+.Y~~:t-. {'v t if'
.:.•:::n...~.........t.;..: :...n..n.....:.:: .n...;.; .
: ~ ~ ~
: v: .vv x.. . . . : • .
~YI.~'~n'
5. Cascade Club Addkion
5cenario 1(Wellness Center) 4,500 22.5
or
Scenario 2 (Gymnasium) 4,500 0
TOTALS
Scenario 1 4,500
Scenario 2 4,500 22.5
. . . . . •s +'ck~::' •+c ~ . • . so,k;:.c..w
.o ~ y„ •
6. Plaza Office" 925 7-
.,4, • ; . .
n. . . ..•.h. : o. h:•..••: .
,..p;:. '
' ~...:y.•..?.
.?w... •:.:h-...:.'. • '5.:.•hr .
. . .
. . . ' x
. . . A . ? . v . . ....4.; . . . . . . : . . .n.
TOTAL AAAXIWlUAAS•" 64 TR 50 104,560 16,526 4,600 218 23.2
'Employee Units shall not count toward density or GRFA for the purpose of this SDD
•*Piaza space has already been counted for a retail parking requirement. The new parking requirement is based on ihe difference between the retail
and office parking requirements.
""Total figures represent highest density and commercial space scenarios.
9
CHART 3: AREA A
REQUIRED PARKING
Parking for Completed Projects per Chart 1 in Parking Spaces
Cascade Parking Structure 426.7
Proposed Projects w/ req. parking in the Cascade Parking Structure:
Scenario 1- VVellness Center 22.5
OR
Scenario 2 - Gymnasium 0.0
Plaza Office .07
Subtotal 449.9
Less 17.5% Mixed-Use Credit -78.7
Total Required Parking at Build-Out of Area A
in Cascade Structure 371.2
Existing Parking in Cascade Structure 421.0
Required Parking in Cascade Structure at Build-Out of Area A
UVith 17.5% mixed-use credit 3712
10
,
, Original' Parccl '15<GO 252,00 . . ; 25G,i37. • . , ' -
~ . e . e . .
ltobbinS, Parcel ."1, 23 29. G 0 , 18, 752 • . . .
t
Cosgriii ParceS. • 04 r °1P_ 15.93?.. . . •
• ' - o
27a955 • 200a40 291,l21 . .
ro DrtyrL0PM7,:.!,T r• on cLr,tJ I,YOta coMMrnciAT, si°rc •
' SDD 14 , J1ILE71 D . .
DLVL• LOPMGWT SQUR11r, 1'T00TI1GE
AtJD PJ1IU(ING PrR TOWI4 OI' • VA:iL ILLQUI7tL• MILNTS • •
ri.:Dnvnrix 2 G, i hDo
p}-iASr, Ia _ P1-LASE I, Ia & II PIMSE I, Ia, II A11D III
, 'DLVELOPMT:NT bZVELOPMENT DL• VEI,OPML• NT
: . . , • SqoFto/?arking Sq,rt, Parking , sq,rto„•/ Pnrr.ing • o
Glcai Lyon .
. Cfftcc I31dgo • z . • '
{E'x:tdCing) 10,150 ~0 o G 10,150 40.G : ,10,15D 40.6
• ''?-L.1:>~ 'X71 .
G1en Zyon , ;
°
office Blago 400 IA 400 ioc i . . 400 1.6
+
0
PR 31SE I
G9 en I.yon
:31d~ o . i • • .
J.~tice 0 • 2, 4 00 9. G . 21,1100 9 o G
, . , •
":`;I7>4:0 ^ ~Y •
r .
1
2i1Ct0-BrCWC'_'y .
0 3,-7 ao 15.1 , • 2,G34, 10e5
-Stecc~~ion/ . . • , : . • ,
museum 0 400 0.0 • 400 0;0
-7tetail 0 . 175 G ' 805 -300
°-Fcrmentation/ '
Dreuhousc 0 970 0.0 114 OG•' 0o0 °
-Dccr liall 0 11'l00 10 . 0* , 11700 18.0A
-~r Pub p' (150 rcat:) (J,50 's eats )
•ew
~ 11300 10.0* 1,300 10,01k
(DO ccatc) • (00-scatz) 9 7 --~.J -----_---._---~.--sm.~-~s~m~m~ms~a.m~me.mammm
SUDTOT1~L 10,550 42e2 21,435 9G.3 21t 435 • 9~,~, .
7}U1SE TXI . ' .
diYJ ' ~ • ~ • o
t %3uSlding a <
,
-2 Emp'Loyee : > ` j • > , ° Units 0 0 p Dwelling '0 ! 1, 695 • I 4.0 e~ qe;:e
Ut1it p ~ • : ~ . ° ~ .
0 0<0 9.,6 30 200 ,
° °-Dffice . .
. . 0 ' 0 ' 0o0 ~ 2p400 ° 906 ° o. < o
m - _____m_- ma__ ~
~~~m~e •
SJr.TOTAY, o , 0 0 0 0 i. 31325 °:S o G e. e
~oz~AL coMMERCinL nND TTsxnElaTiAs.,
• i re ; ^
SOU]LRE FoQTM)r
. • : 21 i i , • ' , • , . o s o
. ,935 9Ge3 , -24,760 110,0
. . . • • , ; , , • . . a ° ° o
'^USr,D HIG3iEST I'ATtY.Il•2G %jr, Q, POSSIDLE, DASL•D 011 ;SE)LTItJG
• • • 1 ' . °
. 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", Gwrathmey, Pratt,
- Schultz.
4. Waterford, Sheet #22, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt,
Schultz.
5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0164'-3" by Gwathmey,
Pratt, Schultz.
6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt,
Schultz.
7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt,
Schultz.
8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt,
Schultz.
9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt,
Schultz.
10. Waterford, Sheet#2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt,
Schultz.
11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt,
Schultz.
12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt,
Schultz.
13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Guvathmey, Pratt, Schultz.
14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwrathmey, 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, Gwrathmey, Pratt, Schultz.
17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
23. Cornerstone, Sheet #L-1, dated 11-13-92, Landscape Plan Dennis Anderson.
24. Cornerstone, Sheet #1, dated 12-21-92, Cascade Village Master Plan Gwathmey,
Pratt, Schultz.
25. Cornerstone, Sheet #2, dated 12-29-92, Floor Plans Gwrathmey, Pratt, Schultz.
11
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,
Schuitz.
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. Niillrace 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. Niillrace 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,
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 11/22/88.
45. The Ruins, site plan, Kathy Langenwalter, AIP?, 1/16/95.
46. The Ruins, basement and first floor plans, Kathy Langenwalter, AIA 1/16/95.
47. The Ruins, second and third floor plans, Kathy Langenwalter, AIA 1/16/95.
48. The Ruins, elevations and fourth floor plan, Kathy Langenuvalter, AIA 1/16/95.
49. The Ruins, elevations, Kathy Langenwalter, AIA, 1/16/95.
50. The Ruins, Survey, Duane Feheinger, 12/1/94.
51. The Ruins, Landscape Plan, Land Designs by Ellison, 2/2/95.
k A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be
added to the VUaterford project to allow for compliance with the Uniform Building Code,
Uniform Fire Code and American Disabilities Act. The staff shall revievu 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 Dorwrard, 2/22/90.
12
2. Landscape Plan for Area D, Geodesign by Sherry Dorvvard, 2/22/90.
3. Area D elevations, Geodesign by Sherry Dorward, 2/9/90.
4. Vail Micro-brewery, Seracuse, Lawier, 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 ,4ddition to Glen Lyon Office Building, Buff Arnold/IVed Gvuathmey
Architects August 25, 1989 Sheets A1 through A4.
13. Cascade Village Special Development District Amendment and Environmental
Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. Letter from
Peter Jamar Associates, Inc., dated January 16, 1990.
14. Deceleration lane design for South Frontage Road, RBD, October 18, 1988 as
approved by Co. Div. of Hgwys.
15. A resubdivision of Lot 54 amended plat Glen Lyon Sub-division, Eagle Valley
Surveying Inc. as approved by T.O.V.
16. Vail Brevuery 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 Touvn
Council.
18.46.120 Setbacks
A. Area A. Cascade Villaae
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 tuvo 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. P?rea C. Glen Lyon Duplex Lots
13
Required setbacks shall be governed by Section 18.13.060 Setbacks of the
Primary/Secondary zone district of the Town of Vail Niunicipal Code. .
D. Area D. Glen LXon Commercial Site
Required setbacks shall be as indicated on the approved development plans.
18.46.140 Hei ht
A. For the purposes of SDD fVo. 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 othervvise specified in approved development plan
dravvings.
B. Area A. Cascade Villaqe
1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace
VVing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is
71 feet.
2. Cornerstone Building: Maximum height of 71 feet.
3. V1laterford 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 wrest elevation Vllesthaven Drive, and 65 feet along
the south and east elevation as measured from finished grade.
4. 1lVesthaven 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 Du lex Lots
The mauimum 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.
18.46.160 Site Coveraae
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 othennrise 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.
14
18.46.170 Landscapina
At least the follouving percentages of ihe 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 Loadina
A. Area A. Cascade Villaae
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 VVaterford
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. IVo mixed use credit has been applied to this lot.
5. The third floor of the Cascade parking structure shall not be used to meet
any parking requirements for accommodation units, transient residential dwelling
units, employee dwelling units or dwelling units.
6. Phasing: All required parking for Cornerstone and VNaterford shall be
located on their respective sites. All required parking for the Cascade Club
VUellness Center Addition Scenario 1 shall be provided in the Cascade parking
structure.
7. Seventy-five percent of the required parking shall be located uvithin 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 Du.plex 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 Breuv Pub shall not be open to the public until after 4:30 p.m. for
Phase I and II Monday through Friday. VVhen Phase III development occurs
including the parking structure, the brew pub may operate during the weekdays
once the parking structure is available for public use.
6. The Beer Hall shall not operate or be used by the public before 4:30 p.m.
on weekdays, Monday through Friday at anytime.
7. Once the parking structure is constructed, the parking and access to Area
D shall be managed per the TDA Parking Report, Parking Management Section,
pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis
Update, dated January 16, 1990, both vuritten by Mr. David Leahy.
8. IVo 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 writhin SDD fVo. 4 under Chapter
3.20 shall be assessed at a rate not to exceed tv?renty-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 GFiFA 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 uvater
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
Tovun 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
16
the time of development.
E. All water features vuithin Development Area A shall have overflow storm drains per
the recommendation of the Environmental Impact Report by Jamar Associates on Page
34.
F. All parking structures shall have pollution control devices to prevent oil and dirt
from draining into Gore Creek.
G. In Area D, a manhole on the brewery service line shall be provided so that the
Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength.
H. In Area D, the brewery management shall not operate the brewery process during
temperature inversions. It shall be the brewery owner's responsibility to monitor
inversions.
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 hnro 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 IVo. 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 betwreen 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 tV, Westhaven Condominiums, VUaterford buildings, or Cascade Club
addition. The bollard shall be included in the permit plans. The boltard shall be
constructed subsequent to the issuance of a building permit and prior to the
issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III,
Millrace IV, Westhaven Condominiums, VVaterford buildings, or Cascade Club
addition.
2. The developer shall construct a sideuvalk 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 vuith the recreational path to Donovan Park. The
walk shall be constructed uvhen a building permit is requested for Westhaven
Condominiums. The sidewalk shall be part of the building permit plans. The
sidevualk shall be constructed subsequent to the issuance of a building permit and
17
e
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 1Alaterford 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. Westhaven Drive
The Towrn acknowledges that it has been paid the sum of $97,500.00 from
other sources to be used by the Town for the repair and reconstruction of
?
Westhaven Drive. The Town further acknowledges that the title of Westhaven Drive has been transferred to the Town. The date for the commencement of the
repair and reconstruction of the right-of-way improvements shall be entirely at the
discretion of the Town. Should the Town not require the entire amount of the
$97,500.00 for the repair and the reconstruction of Westhaven Drive, the Town
will fornrard any amount remaining after all construction related costs have been
paid in full to the parties originally contributing the $97,500.00 who shall refund
such amount pro-rata to the parties originally contributing the $97,500.00.
6. Millrace IV, Scenario I.
a. The developer shall obtain an easement from the owrners of the property
adjacent to the eastern boundary of the property commonly called the Cosgriff
Parcel, uvhich 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 1/Vater 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 sevuer 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 Towrn Engineer prior to Design
18
-
Review Board review.
d. The Millrace Condominium Map, recorded at Book 326, page 257, of the
land records of Eagle County shail 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 UVesthaven Apartment foundations and north of Westhaven
Drive. The developer shall obtain the written approval of the Colorado
Department of Highways (CDOH) permitting the installation of these trees along
the South Frontage Road prior to said installation. If CDOH approval cannot be
obtained, then a minimum of 10 (6-10') evergreens shall be installed adjacent to
the Westhaven Apartments.
f. The developer shall apply for and complete the minor subdivision process
for the Cosgriff Parcel and a subdivision plat signed by the Tovun 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 Reviewr Board for
revievv.
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. The landscape plan set forth in the development plan for Cornerstone between
the Terrace VUing 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 uvater 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
19
Occupancy for the project. These pians shail be mcluded in the buildmg permit for
the Cornerstone development.
c. 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.
d. All fireplaces shall be gas appliances pursuant to Section 8.28 of the Vail
Municipal Code.
e. 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 tow employee housing units
provided in the VVaterford 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 VVaterford
developments.
c. The recreation path shall be relocated as set forth on the development
plan and shall be amended on the minor subdivision plat for the UVaterford and
Cornerstone lots to correspond to the new location.
d. The DRB wrill reviewr 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.
e. All fireplaces shall be gas logs permitted pursuant to Section 8.28 of the
Vail Municipal Code.
9. The Ruins / Westhaven Condominiums
a. All construction shall conform to the development presented to the Planning and
Environmental Commission on February 27, 1995, and to the drawings identified
in Section 18.46.140 (development plans) numbered 45-51.
b. Prior to the issuance of a building permit, the applicant shall sign Type III EHU
Deed restrictions for the :1;7 employee housing units. The deed restrictions shall
be modified to allow floor area requirements to be less than 450 sq. ft. ~r~;~~titir~
.
~~:f~~>r~s~i'~~~~i~:~nclc:~' :>i : : : : : ; ; : ;
<:.r~ h;'lII::~,H.:~~ res~ic~c~~.?:e:ApR~~:ar~t
:.:::::.::::.:::.;:::;<.::;:::.<:.;:::;;:::.: :,,;:.<;<:.;.:;::;:::::.;..;:.;::.;:;;
Stri~C~d
~~.s;t~ ~tu~e:;~~ic~aa~ tfi~e '~vr~ w~~ .dapt ,~Mat:p0~tai~:tca ec~ re
: . . : . . : . . : : . : : .
~~v~<~:;3::>: ;:;i;ry>:<~:_(:.;::;/,.{.`.:"'`:>:;`:°:: >:y::<Q:<::>p::::: : ::A><::>A:><:<:::7»4>.p»::>:>::>::;> >I y::>:><::>:
~VI i
~rNM4I~~::.9! il i!i~vF _ ~ ~i „~i~~"it L~~F i?f;41
;r~: :r~i :
,~rt~t:>:::>::r:»::
p.. ~t0>tt~at.e . .plr~y~ t~c~s.r~gs f~a~r~ ~.r ~+due~~.t~~vms~~~~~
20
: > <:; ; ; <:;><>;: i; . <
as~W~ri::~~~e r~0~Yi~r~ ~Q ~~e-e ~ta I~~ ~r~it~, ~n req~as:.pertainn tt~,~~sa~e
~.~~~r.~
,
. ,
,
only, . .
c. Prior to issuance of the building permit, civil engineering plans for road
improvements must be reviewed and approved by the Town of Vail Engineer.
Road improvements shall include curb and gutter from the eastern edge of the
bike path to the western edge of the curb cut servicing this property.
d. Prior to the issuance of a building permit, the applicant shall dedicate an
easement for the bike path that crosses this property.
e. Prior to an issuance of a temporary certificate of occupancy (TCO) the applicant
shall regrade and revegetate the berm adjacent to this site, in the Colorado
Department of Transportation (CDOT) right-of-way, so that its northern slope does
not exceed 2:1. Prior to the issuance of a TCO, the applicant shall remove the
tvuo utility poles in the CDOT right-of-way and shall bury the utility line to the third
utility pole vuest of this property.
. . . .
f. ~~`t~r:~~:~"iS~~nce af ~ 7' C b;~ sid@}aS#i~ll?:t~ CC~S''u.~ot#:~ti~~:~o
giri8:~:~~
th~~:~titrac~ce:;~o fihe ~~sca~e Ciut~ ~~i~l~~vert ~l~r~: ~~deX~ri~~':~a;~e:;~i~st
:...::.::.::.::.::.;;:<.;:;.;:<;;.,:
f~:fr~~t:<~~:~t~ VU~sfhaver~ 8t€iid€ng to conn~~t:a~#fih~~€~recr~~~ion~E::~ t~
~a~v~~::*Pai.ti:><:
g. The entire building, including the garage, must be sprinkled.
D. Area D, Glen Lyon Commercial Site.
1. The developer shall agree to construct a bus lane per Town of Vail
standards in the area of the porte-cochere of the Micro-brewery in Area D. The
specific location for the bus lane shall be mutually agreed to by the Area D owner
and/or developer, Colorado Division of Highways, and Town of Vail. The bus lane
shall be constructed subsequent to the issuance of a building permit and prior to
the issuance of a temporary certificate of occupancy for either the brewery
addition, office expansion excluding Phase IA, east office building, or parking
structure. The developer and/or owners of area D shall be responsible for
maintaining the new bus lane, including snow removal. If the lane is not
maintained properly or snow removal is not adequate, the Tovvn vuill 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 fo 4he issuance of
21
a building permit and prior to the issuance of a temporary certificate of occupancy
for either the brevuery 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 properry shall not file any
remonstrance or protest against the formation of a local improvement district of
other financing mechanism approved by the Vail Town Council which may be
established for the purpose of building road improvements for the South Frontage
Road.
6. ' The developer shall provide a fire hydrant per Town of Vail Fire
Department requirements on the northwest portion of the property. The specific
location for the fire hydrant shall be approved by the Vail Fire Department. The
fire hydrant shall be provided subsequent to the issuance of a building permit and
prior to the issuance of a temporary certificate of occupancy for the brewery
addition, office expansion excluding Phase IA, east office building, or parking
structure.
7. The Developer shall construct a deceleration lane along South Frontage
Road per the CDOH access permit. The developer shall submit plans for the
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 Tovun 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 P?rea D shall be developed per the following
conditions:
22
a. The development of parcels A, B, C, and D, shall be limited to the
SDD fVo. 4 development plan and governed by the SDD IVo. 4 ordinance
as approved by the Towrn of Vail and on file with the Department of
Community Development or as amended and approved by the Community
Development Department, Planning and Environmental Commission,
and/or the Vail Town Council.
b. The minor subdivision plat shall include a statement that
development of the four parcels shall be governed by the approved SDD 4
development plan for area D and governing ordinances.
c. The Community Development Department and Town of Vail
Attorney shall have the right to review and require changes in any
"Agreements of Tenants in Common", "Conveyance of Easement and
Party uvall 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 reviewred 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. Towrn 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 Highuvays for revieuu and approval. The improvements on CDOH
property proposed by the developer must receive CDOH approval before Phase I,
excluding IP?, II, and III are presented to the Towrn of Vail Design Review Board for
final approval.
12. The east building including the two employee duvelling units shall be
constructed when the parking structure is built to ensure that the employee
units are built.
18.46.220 Employee HousinQ
The development of SDD No. 4 uvill have impacts on available employee housing vuithin
the Upper Eagle Valley area. In order to help meet this additional employee housing need, the
23
developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area
A shall build a minimum of 17 employee dwelling units within Area A Westhaven Condominium
building, 3 within the Cornerstone Building and 2 within the Watertord Building. Each employee
dwelling unit in the VVesthaven Condominium Building shall be deed restricted as a Type III EHU.
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 Watertord 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 dwrelling unit shall have a minimum GRFA of
900 square feet. The GRFA and number of employee units shall not be counted towrard
allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted
per Section 18.57, as amended, of the Vail Municipal Code prior to issuance of building permits
for the respective project.
18.46.230 Time Reauirements
SDD fVo. 4 shall be governed by the procedures outlined in Section 18.40.120 of the
Town of Vail Municipal Code.
Section 4.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 5.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code
as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6.
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
heretofore repealed.
24
IfVTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IfV FULL OiV
FIRST READIIVG this 4th day of April, 1995, and a public hearing shall be heid on this Ordinance
on the 18th day of April, 1995, at 7:30 P.M. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Tovun Clerk
READ AND APPROVED OfV SECOND READIfVG this _ day of , 1995.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Touun Clerk
f:\everyone\ordbrd8.95
25
. .o a • •
o - • . .
B • • •
o , . . . • .
o
: ' ' Eo{III~IT o • . •
• : . i:e • :-tn~..• ' ' : ' ~ ' ° • ' ~ '-':~:•:°a . ~{OZLa~EL PriOd'EP.T,°
: • • , . •;•e:;~•.,;: .~~DEVLLOTa•IZ::T 11J1EA
VailmTtose1~6 ° '.:;~.s:~ - . . . .
:a ' . • . . •
• .i , °..':t3 . ~.o, , . .
o~thc ~1,1 ' ~a.3-70 acrcv
ou t • ./4 1Jr 1/4 oL SccL•Son 12 Q .
.<:.gollot~do; h~ Ttanse •01 1•lcdt of lhc Gtlt Po6l ' ' ~ , .
• • ' , ~ a e dcscz-_:bed ad , .
. • , a+1' w•e,,: ' 1 ' . a •
• , o.
NI: 1/4 •gsom- wl~~,ic!a$t9eglo~~Point• on' thc lYcst ~..~nc of da . • . •
`~c~~~ Jdor .0~ e la onc>qual rcz co n.. ~d SI•J ~/q •
•.along ;aid,:t,~c;,l~ ~a° ~ 2~G9.•lU tcct•; tl~cnccllor~~ Ooid,° ect•iora
t.Linc, ~~>a3L 15 Last
, xight o,~-'Wa ligcct Lo 0 0 .
~''•~outScaJtc_~ nc oL'.; UeSa.•llight;c ~ P~~t on dhc douPlica:t•c_'_y
~ Y~'~ght o.4 way l~~cy tloa G• thcncct a].ong
..n~.d • .
t ad follotls•.
, ,
Nozth: s2o?7 0 , 1Dao3J. .
;y,. D '~AJt $CCt° ' • e
. . North 49°20'~.~nnt ° . p.?^ Orth 4001.,1 519.57
Tl )gCCI•a aTic. ' • ' • •
•0 DOd ea0e 67or•LOA-cLi11C P dr~.!`~•d~Ja~d ~~aC .sCJ.P! . •
of ~aid S1~ 1/4 rlE 1/°i;
nce~oz~)a OD°3~,a go~nt
a'.•Ea'tQ along thc Mor-h' linc of said 51•1 tyc
1/4 ~yE, 36S FccC, anozc
, l ~~o ~ Po~~at on tl:c centcrl_ne of Gorc Czccl;a thc^ ace ac
`.cc~atcxlinc 'of Corc Cscc~:,
~
~.ono ~hc .
. . e
8. ~ . • Sou th .3 Goat q% T•JcJ t101 '
:j~ • , Sout~a 10021' 1,1c ~ .04. fcct; .
• 'Soutla :102 1 1 ..t' S~1 ~cc=;
1•lcs, , 205.02 fcct° .
South 12010, west, 110.25- icct' a»c o 0
Soutla 20od1' ~ ' •
~
dt, 10G4o10 fceL to gh~~c~o~ ~-12~3b Lcct, t1~cncc. sou~ti °?S°1S' .
. . .•no~c 1~~rcc1 ~ , in o cgin:.v=;g , e
. • • _ • . • . i
a
' 11 •trac'- cx'c%
, of lnnd . ~
. e~'P S 5e~o Jta :al;.•iJe •ot t ituaLcc in tr= Si::~:L: oL Scz:~.o 1-,
hc Gl-t~ P.:•1. :fn
. •"~x~ct, o,E..l•and'dc:c_ibcri-in Dook l9~ ,ln~ Sout~c_?v oz ~h~t cc_~~i~
. :,1•lc~tc,zl~ ~ 1 aoc 197, I,or~hc=,., and •
•oF ~t1~e, ccn,.cr linc of Gorc trcc!;, nnd 1yinq dlox;.hcrly' anc1•''•Y., ~~aJtcr'7.~::oa:ithosc certain tract..
- dc:.:cribca in Eoo}: 211 a:: Pn,c IOG,' ,
.:I3ooI: 211 at' Pagc 100 anc] Doo): 215 aCl racc JGS, dcscre!:cd ns
• ' fol'lot~~ e. : • .
. . • : , : : , .
. Dcginning at a po~,nt on L•hc t4or;.;l-Sout:~ ccn ' .
• of said'.Scction, 12 •whcncc • Lhc tlorth quaxt-c: cornc= of ;aidlSccta.oaa . '
12 l~caxs tl, OOo1.5' B. 22GD,40 fcct; ~ . • tlicncc t~e. 75°].5' .
bcgfnjiin.. E. 3 , G e 2.G ~cct• ,.o thc txu~ •
g, 'daid •point• l~cing on thc South 1inc ot thar,.Point'oF
; Ira Dool>::1.99;.''fiag'c:1.97 and. wJ~ich l~caxs S.
0002G' E,. 22D5,'cl clcscz~~ccl
: from thc rlorth quartcr corncx oL Laj,C] Scction 12; 1fcct ' .
o•• •=t 'r:••:.: thcncc•Ne ?5015' L. 717004 Fcct alon, L•lic dout•lacxly° .
•1inc ot tll lract dc; cribcd in Dook 199, Pagc 197 t;o tlac ccsiCcr .
•*~f COd'G;•CX'ceka
' • thcnc . r- S o a o~4'i = W ° .
o~a,ic~: Cscc};;;es.:~... 3.30 G1 tcct alor~g ghc ccaatc: liaa^
thcncc S. 05024'30" L. 104,50fect along thc ccnLcr
; i ~a c o f-• ~ a~ .i a :C r c c k r': ~ . •
'•'-of• daSc3. Cscthcracc Sa '9°2D' S•Io ~950 50 Zcct alonu tk~c ccn-c;-•e6o6yl • ° .
° ' . C'0 0 . L~~ t ° nCa
ZZ~ ~ j . e '
~ + CI'1CC* S. 220~ 9 1'1a fcct ul
a•.o~ ~ f. daidoCreckB. on~ ~hc ccntc~ iaac
• . . •
:;:;•r thcaaccS,~.5.4000' .1•to 119e34 gcct .alon tlac cc linc
of • dald 'C~°cckl ?.to. thc• Southcar t co~z.ncr of ttaat ccx~tain ~r~~a- - ' .
.1ancl.,dcscribcd: i
. • . ...tl~cncc d4e"3~°1G'JO"y~ t~.i.vul _ . e _ .,a e
o iaoexa °
; ' . lbnc or'.~tlaa~t >trac.t dcscribcd fcct ~lonc~ 4:hc Laslczly • 5.n Dook 211 at pagc 100 °
• , ' ~hcric.c; ~,G9; CO tcct alon t;~c
, , . .
~~1orbhca~~tcxly ;linc.:of ~hat txact ~ ~ 9' . . ~ .
'de.,cribcd• in~Dook 211 aL• Pa9c'lODa
• : ° 't)icncc,jH;° " DG°02',30" 1•1o 'a.G•ae 92'.Ecct _nlong thc tiorthcd
• 'r.'•Iinc or .thosc 'd' . . , .
. ~ract: cicribcd in Doo}; 211 ' at rmgc 100 noo}c 2~,]. ly
.aat %'agc. 1.'OG to"'a- point.
° • '
, • , . . _ .
, "~h:ncc tJ, '~2057']0" 1•1; 7G,OD Icct along t:hc Vortlica:.~crly Jlinc of that L•ract c]czcribcd J.n Boo;e 215 aat Pagc .
~ a 3GSe to L11c. point of bcglainjnj, .
. . a . e .
• 33 . ,
° . . . eover~mus~ a . e .
o °o , . •
a • 71t~D ° « . o ~ ,
, 0
,,{:~°o . A6S6 t/1e7t Pa7ra.,Qf ~1C • e• ' . . a , o e :,i e r: e • o
thC d~ 1~ILy 4~ ~ ' ~r."'•.•~•~_ ' , a,~ •1. '
ccrater• of' Co~.c C.•ection 12
. 1 Sn ~ '
of>Scc og t1jc ~:oz'ecY. •an•~z)yo~~n: on Y g,.,outhcrll og e .
9?d*t9, dco•.c_i~ ~b_d 91c Couritr ~ C1crk' ancl Itcc plst"on:gil'c .iri• thc': .
. . a~ gO11olJ.:t • • ordcz-av'po'cu:~cnt dlo.o . ~ .
.
< Bc6inna.n9 a t L•he Nor'L}ics~ . . . . .
then • ~a1,dcCrc~)•th 800J3' 11L~t~131°~G7efc4f raS.d SI•IdrlCd e • •
,J 9.1 c~ ~o a point i'n~thc' ccntc~'o~.:'= :
. hcncc south ~00oql
CY:CC SOU ~0~~ s _t~ C~ ~ % OQ fCCL aZ~.GTI • • ! •
~ tlac ccatcr of ra~.c~ Crcr~};e
~hcncc SoU~~ ~o.,~' cst 5~1,00 lcct ~lon~
thenc~ Sout;~ ~Z~ 1 19c,,t 205,02 9the center of zald CracY.'B;
10' t~'c.:t J.].0,_~~ tralong thc ccntcr of
snid
Crc_'r,i,
, ~hea~~c so~ath 2IIoe'le ~ ~ec along thc centcr of znid Cveclo; .
. tJ~cncc So.~~h 5~~e' o,•pi~cs ~ n t. s3 L 20o DO feeto
• . , d ~ . • •
~}a~ncc Souto 0 0 •17 0° 00 ~cc t 'aaIong''t?ic' sci
cx'c c): g itcr • oF xaId ~7 00 03" 1•1C5t D5o2~I' • . • ,
• .Ecct along thc ccnicv of rzaicl ° .
.thence. dOM~~ 54000, 11CJ6 259a3 .1 f •
~r~~'ce . cet a].onc~ thc ccntcr of -nicl .
ehence Sout.%j VP034 • • - ~ . •
~recv' . Y 109o G2 fce't.'
th
• . ~hencc , . hlonc ~c centcr of ,ai~g .
rou.~h G9o0•1 1 j'7C :tG s •
• • . ' :fih~ncc ~out:a :.DS°?S 1 l,~es ~ ~'ccL nlono • ~hc ' .
tllence 11or.h-770 , ~ ~.GDoa :Ccct:.~~,onc Cente~° of ~aici cmrc~sa
a• 3G l,~cs
• thc:acc ~ ~ ~ •
dlor:.`~ 500321 1•;c199
t 2G.96 tcct alonn thc.cenzcr od sald ~~e~`~, .
,
thencca•1or:.'-~ 300. l .J.9 fcct alon d ~.a.% • o
1Q lacs;. 2;,9:0~ fceL- alono:tr~ CenMar ob sa:,d cecel:a
othencc Sout;-~ 76035' 1•Icst
tllC Fen_c_ of ~aid cvee!ca .
t° = r,oint.on the 1•lcstcrl~9linef oft~alona~
~ C SOUt;~ 00151 .,tld
~~:CT1C SI•j•,ELCC'I1tC~' O~ d11q Cm^L~a I•)c~;, 4 61,D0 fecL tdI tlic4centcr•' ~
tliencc :~or.h 09'e02' L•as . :
L 13U2. G5 fecL of raid ,,CC`mcn 121
to ~l~c Sou- al.orIu tllc. ~outl~c=-:~ llnc.o~
tt~cnLc I~Iost4 OoOG' t corncr ot: saic]: Sl•;~-;. t... .
51•ia14L17 to t 135 •1.32 . lta,
t.hc Jlor;.hcaL t 11e c L zlor.a. .tt:c; L• ss tcr? _o
beginning, • cor~cr or maic ~f•i'a?:~L ~i.._ om „ic3
~ . ~ • thc poin` of
A1JD ' . . . . • , ' ,
~ °lhL' Or SCCtiOTl l2j :r01JI)s.Jj.p 5 .SQ . . .
. . ' ~~h &~erlo-, • ut:~, Jtangc DJ. I•)c: t of
t~-a a .
: ~ .,i.
. , • . . .
` ~1,.t~Jcllz t pZr~tof' thc SL~:1q1q~: of Scct'ion a~'~•~ .;:;,r a. . , ~
WaY lincoP. thc Gl~~ :P.rJ..r lying Sout}icrlv~' T,c~:rnship• 5 SoU~h o
of U.S. Iligl~::av P1o. ~ a,~ , oz...the'.5outhcr1 ° e
of4icc of' thc Lnglc County Clcr!: nndhlZecorde~.~c..~la~ on g~r~'ght of
'~c~cx.ibcd a~' follow~ e . xam Documcnt r1oo~`n ghc
. . .97~Q9Q
Deginninc a`
l thc Southca--t corncr of zaid
. . thejicc :;out}; D9002° Z•!cs '
~a~d SEl•1~11~1~ L•• D3Ge9~ ~ SccL alor~g:.thc..sout ;cxJ.
d ~ to a ~oinL• on tl~c SouL•l~cz1.~, xight'~o~ y~..~nc oi.
l~i yhway p e , ylirac O thcncc Nortll 52035' Ea,t ~ ~ ' . ' ' ~ ~a3c1 ~
~a ~0.,70 07 icct•nlong*,ghc•So,,~thcr~. ' ' .
Y~.Snc of raic] lzlghway ~o a point on thc. ~astcr1y 3.incig'1t~:.
e SE~lil~1la ; . '
th~cnce ' ~E~ Nt1d tou~hc0oc15t ~Jc~t G20e2].' fcet a1onr~thc ' ~~i~
d NOUthC7Jt corncr of :aid ~ ~a~~c~'ly l~~c
bcginningi . ?~~.1~1•1~•,',,•~h~ ~o,~n~ ~ ,
, . ° . ,
Z):CI-:PT. ?r~--rr '°,nT T ~~.,T~.,. . ' • . , . . , • .
- - ~ r..vidiU e .
, . oa . .
e o . • .
° o' ' . . , ° , • • .
{:}l 0 at p '
, . g~nst clcZcri2icd ~.n I1ook 10
a . . . ~ l$g c 54 5' • °
o ° that g~art dcdcribcd in .I3c~or. 191 ' ~a.. , ; , •e . • o
i e . t pagc 2410 .
ttiat part s3c;.czibcd Sn Dool: 203 at pagc '231a . .
. . 34. . e . ,
.
' . , .
• p o1 a • • ~ ° o.
~o
~ . .
• • 1 ~
9 'i ~0<de^IaoU~D . • ~ a ' . , . • ' °
: . e ,
o,~ . . . ~ ~ • °
=;ry• . ~ , O ~ o
O
• p e0
p p
g~ar.t dcscx~b~d ° • .
. , ~n•`~loo)o 293 at page 531o
zt ccrraari;~is:~-;- • r • , . . . • . , . . .
lo'catcd. nd~~djacent L~ ~ . , . ,
~~.n . tl~c;,rn~ccl o the above-~3es c.4ab e cl
nd
. ":'to"c~cxudc ~fxcm tI~ .0Z
i~ . • . ,
tr..nCjc io~•
c anrcnc1 u
• ~ .
Count~° r- f Eag).c .
0t !s ~ ' . . . e
•o
~4r•dtO7bc
o . Oloraclo; ° • ~ . . , T
Q ~ a . . • o • ; . , • ; • • o 0 0.
. '.q ;;11~.:. . ° ~ ~ . • • ` . : . ' , • ~ . ~ • ~ < . ,
A • ~ . . • • . . , o ' .
a~;t/J;~li ~ ~ O~ ' ' • • ~ . ' a o . ,
'':~~M;\:~ • ..s• •II;•;P I • • •
;;~i • ; t1Lc0, 7ilE. F0LLOe11i;G ~ • ~ ' • o • ~ °
e;: •,,s. . . , , ,FJ1t1Ci.L FOF~•?~.°.L(• Y.t{O:d:l tlS' °'C0rG;1FF' PAFCm-, • ~ ~ .
~ , . b • • ~
• ":io::.. ; . e ' . . • . . , , ~ .
, j . - .
~y~ ~ . ' ' ~ ~ I, .
s~. A . . ~ . ~O .
•~yv ~ , b•6,a7 C r' '.0 A ~•a~„ • e ' • • ' ' •
•'e . 7- ll~con~.l2 , °To~n~hi oaScSoucl ~sl,i 1~1 'bl~r~l4 of
:a:~:y-' •..o c Gt1irT'rSr~c'a;~al 1•Scraoi,n n&= r°°t , .
~•q•e'P,:~.' • i:•?.thc:,centcr. 1•ine of Corc~Crcckn~.tloa-.th~ac~tcrl'°~ .
„ ti o • ol•lot;~•; . . . ~ . . ocsca-abco.r
~
q °
; g~~ ~ p o ~ • ' ~C • a...: • • . e • • °
l,Dc~inn'inc •.at ~ oin-t..Nhcn cc
p thc )1,orth
. ••.-.Co.e.ncr:::of. ;S Scctiocars 1., Qual°LC~'
aac 1~ v . ~2m~ 4
, .
:2.2 9 za,:2 •fccCe tt)enecS GG°02'30'° ~ •1~, e
~ tCCL: .cr,n« s • - 30., oso .
A: :.o;. •Se L~ lL-.°a66 fcCt;. thcncs
12 tccl'to d poi-.1: in ttie
,.c•cntcr ol~,sa~ic. crccr. tl~cncc S ~GS`.3~.° , ' • .
'ic'ct•'a,.'or& thc ccnter 7 ~ c ot ~=;d 1' ..,09.e~i2
. • , , . Y;: ~ g : 4: e . 7 0 f c c ~ . c r c 2 ; t h : ri c c :
. ~~~:Sc;•~cxec.Y,; .tl~encc ~ ~ lonr thc erntcr ]inc of
. to t}; e in "1T 30" '317.5t tcrL
. po t of Lc~.nni~~, containin~ 1,05
aca~cs,
uloroa Jc~~.
. . .
o .
. o .
• 'e~•:o..{ ~ . . ~~i r.~. . S~1 ~LS~~.I L~T.~ ~ . • . ~ . .
` , ~cDinnir.~ n~ F:~~n~ %J':1:r,ct',c ,~ox ! • '
. ~ • Corncr of ra i_ d ; 1 th Qv•~r~t, . .
.
12 72 . c cti oh 17.b~ .rart' N> 11 ° 03 ° ±.j. • .
72 ic6t; tl- c c 1-
• . ~ ' ~hcncc 5 3i' ZS'~(i~~ LS°~5'43,'q~~ Fo 84,Qq ~.f
t ; ' .
~~v~'~:;.:`<' ••••.~.o . d; S. L. 15.46 lccL; thcncc S
;;~;.;:;::~•o• . . 3Z°'Q°30'= Eo• 141.47 icct•to a point in °hc S.
.
, 'ccntcr 'of sa id crcc):; tlicncc S ° ~ 65g31 '3b" 1~
. e . .
...1.') Q9.67 fccc nlong. t W.
~ . . hc centcr I lnc oi :.zid crr-,.
g}ic~~cc~'Se G9''U1'3G" 1.1o 303;02 Icct a7ong tllp
4 ~
c^' '
• cc- t-,tc; •.~Snc- oS ~r. zio• crcck° thcticr 11 , 23'209°° ~ .
. . , . ;1'0
a,~o(~~ 1 eEl LU thC pcant oi bcrSnni n~, • ~
u.,..~:ti, , :i:.' ..•:,4:{ 7'OGI:TII~J:`.1,°lZ'!-1 ~n crr.~acn a ~.l.o
p•~rcco~ ~ t F clcscrSbcd d~ °Uoct~~r~9 ~ -
,-oc~ 'l~u;. St S e`1 y~i~ i n' Book 306 n t'•a~a ~ b •
. 44~ • • ~ , .
'~'~;d~°• ~ :o:~:;;~t1i1~ Y'c.corded io, F.c
~ ?cic~}( 307 d- L P~;Fe QG t1-e~
L~ . ,.d. . . . _z E; ICOUnccoro~ ~ • . .
ro . . L• .
0
~:.1 ~~ia • .:.~LSO:,anc7udinF nll wntcr nnd ~ac1l o1 }~t~ .o: • ' .
0
.a~ . ;;~pourtenanL ~o thc sbovc 'dc: cribcd psope; t
~ • • °
y°
S ncluCa~nc ~?i thovt
R , . 1 lrf t : ci on a Nc],~ Frrna t -t(o, ~ ' ~ ~ e
oe
. , • =~-~04, ti:atcr• Ti Ft-,t:: occrecd in Cava] f,eofo7
. .J:o, 2375 an Lz Cz, c County Di stri ct Courr. a'nd ° '
. • • r, 7 I t-hat Pc+o i1i'o:, o! 1:atcr 'xiFht; di~c; ecdn • . .
`1•~ C.1.°•e. ~~10or6.~\~ \~17 410y fta7te0 1J1%,5a1o0a p! . e~ eo
o p
• ° (GorE. 1loo I 1Jc1) = 0o05 c't d) ~ . . . , . . °o
• . . . . . ' . . .
, . . ,
• ~ r . ' ' o, ~ o ~ .
w , ~ • ' •
° 3S • .
• , .
-
. • ~ ' 1 0
. ~
` • ,
• CoUIi`~O O6 dro • i~~YO~YC6CV e . e
j1 tract' oL ~~r,d 91e and ~t*te'o.'-Colorado ~
...~tu~tecl , ~o ~ o ~ : . o .
, ~ou t1a, 1t.,noc • d t•~ Laj tllc Sl,ry)'oI s ~ ~ • ~ '
as tollo:a5 c" t o-r L1ic G tll Pxi»cinal 1•lcrid.~an~, ,
~'o:,n~l~lp S. 6
~egata»~.1~.g a t. ~ o
dczari
.ine o~ ,ec Poi~a t 011 ~ tl~e • 1lortl3-Sout. center ~ bed
Sc~tio1i 1~ . tiott 12 tal~cr~cc L•I~c Nortl .
8~ort?~ 75 ~~'carz BJor')l OD, clcg~e 15 ~
l Quartcr Corncr o~' saic'... . .
co;, 5 rnin~o Eas~,,mzn.,
Z < Ost 22G9e40 tecl•.
p ~nanP° t J 1G
j ' .
d0 decz, ro~L 7G, 00 ceet; tlicnce Sovth ~2 de~2~ence,• ;:;•.'o. ~
.ec.., 1a~;t 279,99 ~cet: L•lience qge • .
t)actice 14o6tll 50 ~~9.. ~ceL ,to:poi t 1 Sout)~•j.~,' ~egs;~•00 . 'mins, ~
~J1 -l•l)c'ccntc'r'~ot' Gorc'~
linc ot•' P1113 Crc~~~:'1~
c~.e 0 32 n~a~i~ 0 1•~,:~ 1].1a,1.
a~en ; tect a7.o
9 tll c dic
C} nQ. thc cen~~•:~:~~.~••.
c eenl•er li»~t~e~c rth ~D l deQ~, -
aninso lic~ o ~ daic~• crc=k~ 40 min~o 1•1cst 2a9.09 tc= • . .
~o.~rat ~n _ t D9e Y. icet ~lon . criccI5outl1:.;7G,:dc t ' ° • ' .
8~or:.h pp ~e~0 PNOr~I1-Sourh centcrtlineco~cr.~linc •of• vaid::crcek-.to 'a ~ • .
Ceaiter ~e 9S 15 m~n~o f'sa~d* Sec.~ion'.12; ~thcrirc . • ~ .
.~'o•. pnc o ~aac] 5ectioli .1°~ toJEl c po.~~ tnc9iftb~ ' 1dor~h=Soutli A
• . ginnir.g;_
• . • • • • • . . , • i/• ~ • • • ~j, j••w ~l i • ~ • j 4 1 • ~ ,
AG.B• . ' ..C,,.•~ . ~
• . ' . . . • . s l.. 2 0 dl C_ C _
' ' , • • ~ , • • :
. . ' • r:.,: . . •t; ~ : .
• C.
• ~ ' : . . t • . . . .;1 ',~:.'r~ . .
. , • : ~ v~e.
. . ' ' • . . • . . ~ • • . . . . " • r • e , j . . ~ ti ~ • e
' ' . p f . ~ . ' • • 1..1 • ;
~iDZ~, ~ e , ~ ~ • ~ ~.~','L' • .
~~`ASSCCx.1fiES .OPEnTy. . ' . • • . . .
llLVrI.Opa CREEX
olE..,It3tL1s D, C L D • , ~ . . . .
> ' . ' ~ • ' ~ . • ' :
. . • . • ' ~ ,.a--~_ aCr S . ° ~ • ~ i
,r~,~
'•A -~-~-~EIOTI . . _ ' , . 0..
tlac GlhtP~zrL of Scclio» 12? 7'oi.;n.-hi ~
,:)o ~L1csc=ibed a~ tollo:•~, P 5 ~out}~~ Itance O1 wcZ t, .'of• v:
A11 thzt-part: L•)1C 1q1;1~=; ~ I • ~ • • . . . • , . , r • „ _ , , , '
Soutltcrl~?ziglILfoi-t.~ o~ .,cctioi~ ~,2 l
,
~Y linc ot U. S e Yirig ~ou L•1Ic=1j? of tt:c
ot tl~c 50= :.;~_rly l~,ne of ~aid ;~)1 L'llSgh:JJV . lio,••, G and ~rlortl1crl•^ .
~oeti)lc etbiec ot• t)~e L•a lc as ~ho~an on*•the lat , -
• 97.409 9 Counr, Clcx): •nnc~ p on •~ilc,
14=Doctune;;t._
~eginnin9 f at e tl ribecl a~ necozder a"
~e h.i9hwa ~ • • . : . t 'a' .
y -uxvc'y.monumcnL: at• Lhc intcrsection
• 5ou thcr1J linc oL 'aic] 'hzg)ii»y. and tlie L 3L t e r ly line • o:C'•Laid °L tla c
wJ~p.-I c c - L•lic l)ozthcasl cornc_ ~r'Z3.id Section'~12; bca
tl~003.1 ence blc-t
South 3 73o05te^t; i ' . . . . . , rs_Np_vh :
. Z ~ lac~ t . :l . . ; - • .
hC:~~~ ~1J~C of ~a.ic~ h~,ghw, ~ ~cct alorig thc Southcrly lg
~ Icc doutl~ 70034 't •Y~ :
tl~~ linc oi JaSa hig}iw~yJ~a-'.l0 tect 'along tl~e Southcrly, h't~;r. .
~~r~y n~incoo~} l~aic7~l~ 1 Y Jcs t ].00, 00 tecL• nlong thc °'ou~tha 9 o. ~~I ai . o
ddlicnc i9litaay' . . • .L. _ , ~ rly rigl~~t o . .
,~aicl h gh,otli•.G5o50' ~lcs t J.OOo00 Xcet ul ~ • , • . . , ~ r: o .
es~~ ~ ayp on9 thc Southcr~.
fh c South G20t _ • Y• ~ac•.o.E ~ .
r 1T~ ~IcrL 1.ODo 00 ,f . . . o
~•ray 3, ~c o~ ~a.ic] cct ulong ttzc Sou h'r*.~• ri ~ ' . • .
ghway; t ~ ~y° 9h t.o
{:}1CI~Cn SOU.~'.}7 50010 , W 100.Q0 r;;. . e g. .
°01.7~ ~b~e of ~a~~ h es~ feet ulong' the Southe ~
hwa , . , rlv ri9ht ~f. ' ~
. i
thencz rou th Sg S T
550051 lqc,r IOD. 00 ..i.. ;j ,
~~a}~ a.i;~c Icet nlong thc Sou. • • . ;
~~,~ighw~yy ' L-hex°ly x49hh
~})L.'eIC^., SOU `h 50' l'1Cd L • • • • • . 'i ~ o. ~
°~~y ~'ne of ~a~,c1 }~igl,r~y'100,00 .Cecr ~long thc doutlaer.l
~ .
V.'~enc~ ~outh 47~57' ~ ' ~ ~ ~ • •j. .r. . ~ r°~9ht oE•:)o o o ° • °
q, llc-r 232o50 ' . ~ 4
vay a~ne, p~ . et along Lhc Southcxly'~'1' • ° . .
raSc] Jl~.ghwz~? L•o a point o -r ght'~o~:, .
e,
a a n Ehc Southc'xly:1'ine•'o °
A • ~ raia . s
..hence 1:orLh uGp . t ,
J,' i:l°'N /I~i~ rs+ ' • . .
,~i~yi~a ~o y~~~~ ~ - ~ Lcct niong thc` sou'therl ~ •
en tcr -2~1L a ot• sn,1d'•S ' , nc o
thence laor;,li OOOJ] ° Ea~t 1~79hc l ccti'or~'la~y li ~ ; , . .
~a~v '~lail~a to ~he Southca 'c°3orn5c~ fce o~ t ;al~Sod n'q B~I elth'c••~E ~Southcr1y'1~1~ ' '
. e
f:hcnce tdorth 0°0>' i~ ~ , a 'of;~
1 t•r L lc.,E 7 G 0 e 9 f • • •a • .
h .i L° i ts ~intcrsection w~,t~lth~~ ~long thc''~~stc~'ly::l~ne p~•:o
g,~~'aY a~hc g~o,~n~ , pC begxnn~,n~ c 5ou lherly' 1S*ne.~ o~• ~a~d
, . ,
. . . ' i. ~ i ~ ~ . • , . .
o . . . ; . . , ` . ' . . .
~ . 36 , ~
RESOLUTION N0. 11
Series of 1995
A RESOLUTION DESIGNATING BANK ONE WISCONSIN TRUST CO.,
NA, THE ONE GROUP U.S. TREASURY SECURITIES MONEY MARKET
FUND, 111 EAST WISCONSIN AVENUE, MILWAUKEE, WI 53202 AS
A MONEY MARKET ACCOUNT FOR THE FUNDS OF THE TOWN AS
PERMITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND
THE STATUTES OF THE STATE OF COLOR.ADO.
WHEREAS, the Town has the power to designate banks or
financial institutions and money market accounts for funds of the
Town and
WHEREAS, the Town wishes to designate Bank One Wisconsin Trust
Co., NA, The One Group U.S. Treasury Securities Money Market Fund
as a money market account for funds of the Town.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vail, Colorado, as follows:
1. Bank One Wisconsin Trust Co., NA, The One Group U.S.
Treasury Securities Money Market Fund is hereby designated as a
money market account for the funds of the Town of Vail.
2. Steve Thompson, the Finance Director of the Town of Vail,
or his successor, and Christine Anderson, Finance Controller of the
Town of Vail, or her successor, and ,Tudy Popeck, Accounting
Technician of the Town of Vail, or her successor, are hereby
authorized to open a money market account ( s) in the name of the
Town of Vail at Bank One Wisconsin Trust Co., NA. When an account
with Bank One Wisconsin Trust Co., NA is liquidated, a check shall
be made to the Town of Vail and mailed to 75 S. Frontage Road,
Vail, Colorado 81657.
3. This Resolution shall take effect immediately upon its
passage. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of
April 1995.
Margaret Osterfoss, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
MEMow4NDuM
TO: Town Council
FROM: Community Development Department
DATE: April 13, 1995
RE: CaV9 up off 4he PEC approval of the Vu9lage Center major ettteeior altePation
and conditional use pePmi4 reques4.
Applacang: Fred Hibbard represenged foy Snowdon/Hopkins i4PChBtects
P9anaver: George 9auther
On Wednesday, April 12, 1995, staff notified the applicant, Fred Hibbard, and the applicant's
representative, Snowdon/Hopkins Architects, that the Vail Town Council desired to review the
PEC's April 11, 1995 approval of the major exterior alteration and conditional use permit request
for the Village Center building located at 122 East Meadow Drive. Staff indicated to the
applicant, and his representative, that the Council call up was related to a parking issue. LTpon
hearing of the Council's desire to call up the PEC approval, the applicant has requested that the
item be withdrawn in its entirety. Acceptance of the applicant's withdrawal of the request,by the
Council,will void any previous action taken on the major exterior alteration and conditional use
permit request by the Planning and Environmental Commission.
f \everyone\george\rttemo\villcent.413
e4
TONN OF UAIL ~
75 South Frontage Road Office of the Toivn Manager
Vail, Colorado 81657
303-479-21051 FAX 479-2157
MEMORAfVDUIVi
TO: Vail Town Council
FROM: Robert W. McLaurin ~
Tovvn fVianager
DATE: April 18, 1995
SUBJECT: Town Manager's Report
Communitv Survev Update
As you are aware, several weeks ago we mailed 3,740 community surveys. As o: rriday
afternoon, 621 surveys had been returned. This is approximate(y a 16.6 percent return rate. UVe
have discussed the issue of statistical validation with our consultants, RRC, and ;hey ir;d;~ate at
this point there are more than enough surveys returned to make this instrument statistical!y valid.
We are in the process of tabulating the results and hope to have some preliminary results for your
review in the next two weeks.
As a method to test the validity of this instrument, we recently reviewed the 1.994 survey results
against the February 7th vote for the cemetery election. The accuracy levels are as foilows:
1994 Survev Februarv 7th Vote
Yes - 45% Yes - 47%
No-55% No-53%
Roundabout Proiect
The contract documents have been executed and we have begun the construction ;,f trc main
Vail roundabout construction project. This week we will be moving the landscaping and plant
material around the 4-wray and the contractor will be mobilizing. V1/e have scheduled a meeting
with several of the merchants who will be affected by this preject on VVednesday afterr.oon. As
with all of our construction projects, we will be vvorking very closely with the merchants and
affected property owners to ensure we minimize the inconvenier.ce during the constructian period.
Matterhorn Street Proiect
Bids are scheduled to be opened on Wednesday, April 19, 1995, for ihe Matterhorn sireet project.
As you will recall this project was designed to bid last year, but bids were rejected due to ;ha high
cost of the project. The engineer's estimate based on 1995 construction costs are $888,582.00.
VVe have budgeted $900,000.00 for this project.
Covered Bridge Proiect
GA Western, will begin working on the Covered Bridge project this week. The initial work will be
installation of -a temporary bridge immediately east of the Covered Bridge. Once this temporary
bridge has been installed, the contractor will remove the Covered Bridge for renovation. This
project is scheduled to be substantially completed by Memorial Day weekend.
GOCO Grant
We received notice this week from GOCO indicating they have awarded the TOV $70,000 toward
the completion of the Dowd Junction Bike Path. Greg Hall did an excellent job in obtaining these
funds.
RW NUaw
cATow,rngr.rpt
~ SF1VT BY: EAGLE COUNTY ; 4-11=95 ; 10:27 ; 3033287207- 3034792157;# 1/ 2
_ . . .
April 11, 1995 - 90:54
PA(;I i CUUN IY Rl'lll I)INf ;
'iUU flRUAUWAI'
tiOx 950
Oi nr.[ OFrt-u r.~
it( JARI 1(1P (:l )fvtM1S51(>Nh hS I:ALlI I', i'f )I t ii:Al x)!11 r, r l
:q H R605 I AX: f:l(1J) .1LN 77.07
.,i' Y C•I .
, _ ^•"\t~,.~.j:~.-•~~~:
'i\•ria'r'.;?
EAGtL~ ~~~~~~DO"
I ~ ~ ~ 'nanmrS%-f'I'IONER .
PLANNlN~ ~~ETING DAY
APRIIL 18' 1995
I
6 8 b tt 4 ii C 4 A A it ft Q o 4 0 ~ tY ii' Yt u o v o 8 if d a o O A A fi f} o 0 0 8
9o00 - 9e10 a.m. PLla4T & SIAlRES~LUTION S{GNeNG
1(a4hy Eastley, Planner, Community Development
9_90 - 9:20 RaR1 SE-313_95-HENDERSOMlSYNDER EXEMPTffON
GCathy Eastley, Planner, Community Development
ACTaONo Request qor P6at Approval.
9:20 - 9:26 la.me 1041-032-95- Co~PLETENEss HEARING, UPPEC~ ~GLE
. . ~EG@ON8°11b tdIIATER AUTW4g'RIlTYp W@9TER TREATMGA3 U
PLAUEt tl E61PAtlFiSlON •
Ray Meffy, Environmenta9 Heal4h RAanager
-ACTilONe Find the applica4on comple4e artd estimats fees.
9:25 _ 9:30 R(ESOLUT9ON H7ECLARYNG THE WEEK OF APFtIL 97=23,
1995 EARSfH AWARENE~S WEEK .
" Ray Rflerry, Environmentai Health Manager
~ ~CTDOM_ Read and Sign 4he Resoltation
9.30 - 9e45ionL S'B°ATE SU4~ ~~~~VAL FO9~ A UFT STAT9OR1 ON VAJL
' RddOUNTP9R . Ray AHerry, EndironmenQal Health flNanageP'
iA(~~fBO~lo Sign qhe application ~vith no commeett
Se4S - 90:00 a.I . BREAK
~
~ ~
P. ffiNT BY;EAGLE COUNTY ; 4-11-95 ~ 10:27 ; 3033287207- 3034792157;# 2/ 2
10:00 - I GA5 a.m. ZS-349-94-RANCHO BEL RIO
Paul Claricson, Ptanner, Community Development
~~~~N., Consider a request for a special use perrnit Yo allow 5
additional cabins and 6-8 Rt! sifies.
10.45 °10:55 aema T-66-96-07CHWA&eLER REe7IDEdV6oEy ptl60oY EIYII@IOC ROAU
. Bruc.e Campbell, Code Enforcement Officer,
Comrnureity Deve6opment '
ACT9ONe Consider a request for a temporary housing perrrtnif
10s55 - 92:00 P.uufl. WORK SESSION _ DETERf1AVNATBON OF LElEL O6~
~ERV9CE STANDARDS
Keith Mon4ag, Direc4or, Community Developrnent
PhiU Scoft, Engineering
ACYIOH: To consider the prQpvsed level of service standard that
will be used on the Coun4y's major roat9 network as
part of 4he transportaQion analysis.
92:00 - 9e30 p.av~ ~UNC9-0
9 e30 - 2:00 P.M. ZE-361-94-4HE LAZY RANCH
Paul Clarkson, Planner, Community Development
AC76ONe Consider a request for a ga,est ranch, autfitter, studio
for arts and crafts and recrea@ional feCility.
2:00 ~ 2:65 P.M. ZS-343-95-RIFLE/t4V0N GAS PEPEL9NE
Paftie Haefeli,.0'Ianning, Community DevelopPnent
ACT~ONo Consider a request Qo coras4nac4, operate and maintain
a 12 inch pipeline between Eagle and Avon.
2.45 - 310 P.M. t049=031=95=STRAWBERR~ ~~RKJI9PPER APlD L0WER
BACHELOR G49LCH
Ray NRerry, Environmen4al Health Manager
ACTIONa To consider a request gor major exfiensions of existing
' dornestic water and sevyage treatment sys4ems and trie
afficient utilizatian of a municipal water projecf.
3:30 - 4a15* poMo LUR-092-96
Sid Fox, Planning Dlvision flAanager
AC4IOM: Amendments to Sections 2.05.12, Building Height, Section 2.07 and 2.23 concerning sewage disposal.
Aciditdon of Apperodix 6(, Condominiurn Certificate end
Appenditt L, Title forrna#s for plats.
TTiE PdEX7 RAEETIPIG OF 7ME EAaLE COUyTy COTAMISSIONERS U1flLl BE HELD OPJ APRlL 24, 9885
ALL RAEETiAIGS MALL BE HELD IPl T1iE EAGLE COUPI7Y BUILQINO - 500 BRQADYUAY, EAGLE . pR OTHERYbBSE NU7ED.
7Fif5 AOEIdDA 13 pROVIOED FOR INFDRMATIONqL pURPQSE5 OMLV - ALL 71IIAE3 ARE APpRp7ClPqqlE.
TNE BOARD WH91LE W SESSION RAAY CON3IDIER O7tiER ITESL93 7HqT ARE BROUC3HT 9EFORE IT,
~r-~7 IWCi
" ` ~{•l~•45)
MEMORANDUM
T0: Pam Brandmeyer FROM: Larry Gra
DATE: April 11, 1995
SUBJECT: Christine Werner Letters
We received two letters from Christine werner, who is the Marketing
Director at the Mountain House.. Her letters basically requested
that tYie Mountain House purchase parking passes for use by their
guests. The costs would be passed on to the guest. She used the
example of several hotels in Denver that have similar arrangements
with various parking structure operators.
Mike Rose personally met with Christine several.times throughout
this season to discuss this issue. We decided not to sell the
Mountain House "debit cards" since the intended use for the debit
cards were for local workers, not guests. We also could not
guarantee any reserved spaces for use by their guests.
Additionally, we thought this was a precedent setting move,
especially if extended to one hotelier, others would also want to
participate. This is clearly a policy issue that we will discuss
with council when we present the 95-96 parking fees to them later
this year.
We are continuing to look at ways to perhaps offer this kind of
service, but for right now the "Status Quo" prevails, and she knows
it.
I hope this clarifies what we have done, and clears the action from
the response sheet.
Thanks.
TOWN OF VAIL
Input/Inquiry Response Record
The attacized comments were recently received by the Town of Vail. We encourage Vail
residents and guests to give us such input and we strive for timely responses. PLEASE
ADDRESS =SE CONCERNS WITHIN FIVE WORKIlVG DAYS AND R,ETLTRN THIS
COMPLETID FORM TO PAM BRA~.'VDMEYER.
DEPARTMF.iNT TO HANDLE INQUIRY IIvDIVIDUAL TO HAiNDLE INQUIlZY wci.c, J~-a,t,
DATE TOV RECEIVED INPUT/INQUIlZY
, T1'PE OF INPUT/IIVOUIIZY:
PHONE CALL (indicate date)
r
LETTEIZ (attached) w
1~.~,,~,+~,, •
RESPONSE CARD (attached)
TYPE OF RESPONSE(check one):
LETTER (attach copy)
PHONE CALL (indicate date) •
BRIEF SUMMARY OF RESPONS OR ANSWER TO INO TTRY;
DATE OF RESPONSE FORM RETURNED BY DEPARTMENT TO PAM BRANDMEYER:
' A copy of this inquiry and form will remain on file at the TOV Community RelaGons of6a. As soon as this focm is returned to Pam
Brandmeyer, this inquiry will be considered dosed
THANK YOU FOR YOUR TAAEL,Y HALNDLIIVG OF'I'HS LzSUE IF YOU HAVE ANY QZJESITONS, PLEASE FEFt FREE TO COMACf
PAM BRANDMEYER AT 479-2113.
- r 3
F: om the Desk of p g-p q~~ p~ 8~o G11~
April 10, 1995
Ken Hughey, Chief
of Police
Town of Vail
'15 North Frontage Road
Vail, Colorado 81657
RE: Peace Officer
3ohn McCarthy, Trainee
Dear Sir:
I am writing concerning Peace Officer J'ohn McCarthy, Trainee-who assisted me
d.uring a very distressful moment while I was locked out on a balconyr at the
Lion`s Head Skz Resort, March 20, I995. OificeY McCarthy iahen• summoned pro-
ceeded to call the Fire Department who brought zn emergency equipment to assi,st
me with climbing down a ladder. During the whole ordeal of events, Officer
McCarthy remained in the area, took me to the Police Department to make necessarv
long distance calls so that T could get pzoper entry to the lodging facilzty and
again brought me back to the loflge, remaining in the area to assure my comfart
had been restored to normaZ.
This officer showed Diplomacy and concern for me as a nanresidene, going be-
yond his caYl of duty. Fie refused the offer of any monetary gift and used
ha,s own personai time to assure my welfare.
I highly recommend that the "human kindness" he pxhibited be entered in hzs pes-
sonnel file of bEing a fine pola.ce officer of unassailable @zgnity and incorrupt-
ible efforts.
Should you ever come to Kanas Czty, please be our special guest, at a Kansas
. City Royals Game. P2ease call the Kauffman Foundation (816] 932-1082 so that
tickets can be made available.
With warmest r2ga.ds,
Anna Harzington (Rescuee)
J'ulia Kauffman
Kauffman Foundation
~ X C ~ VD`l(~1tiCl~
~lllr'Yl YV~-~-~
~ Ptc -;r
Apri16, 1995
TOWNS, COUNTIES, COMM[JNITIES
Nianager
Town of Vail 75 S. Frontage Rd.
Vail, CO 89657
Enclosed is information from your regional planning committee to help you and your community's participation in the Apri126th Northwest Colorado Citizens Meeting on Growth. It has a two-old
purpose:
1. To supply basic information to encourage people in your communities, towns,
county to participate in discussions and/or planning for the changes and impact
population increases have on local areas, the region and state.
2. To provide specific quidelines for illustrating, by way of a diorama-type display,
the nature of your community and area ["4-walls", see page 2]. This is to stimulate
the exchange of ideas and information within the region.
Certain costs are necessary to hold a meeting the size of this region (estimated attendance 500). It
is being funded by registration fees, public money, and interested businesses. Registration
sponsorships, which includes the cost of noon lunch, wi11 be crvailable. The.total number will
depend on the amount of funds raised. It was a definite committee decision fo make attendance
possible for anyone who wants to be there. However, over-night housing and travel costs will
have to be paid by individuals or through local arrangements.
This meeting is a volunteer effort planned by local citizens from the region, county commi-
ssioners, and city planners with staff assistance from the Northwest Colorado Council of
Governments. For more information call Jacque Mattics or Clare Doll at (303) 670-8299 or
Sandy Blaha at NWCCOG, (970) 468-0295 ext. l 10.
NW COLORADO CITIZENS
MEETING ON GROWTH .
Agenda Committee
!
STATE of COLO12AD0 NORTHWEST REGIONAL
SMART GROWTH PLANNING
PRE MEETING CITIZENS WORKSHEET
INTROI9UCTION -
Smart Growth Planning is a grass-roots local effort to bring the state's governoring bodies--from
the Governor to local Mayors and Coianty commissioners--into "Partnership" with the general
public to develop a guide to handle the inevitable population growth within the state of Colorado.
Colorado's economic strength, environmental and social climates are very attractive to people
looking for opportunities--and many. are selecting youur neighborhoods, some should be selecting
less popuiar areas--to fulfill their dreams. You can have a direct voice in setting guidelines
affecting ALL aspects of life evolving around population changes at the region planning meeting
April 26th.
Planning is a tool available to help maintain the quality of life for local citizens, and has been
effective in several states. The initiative in Colorado was started by our Governor Romer in
January of this year. The guidelines he offered at the first state meeting are to encourage and
enable individuals (all state residents) to collaborate with each other on community goals, values,
needs and recommendations relative to their life styles, lively hoods, and economic & educational
systems.
This citizen-based plan is being developed first on a local then on a regional basis. The first step
is for local citizens to come to a consensus of opinion. The second step is to bring this
information to the region. Each region wi11, in turn, decide how to interact with other regions and
determine common values, goals, needs, and recommendations on how their locaUregional plans
fit into the larger over-all-state-wide plan. Tlie collective information will be fed into the
Governor's office to help guide policies and legislation needed to carry-out the locaUregional plan,
thus, the state plan.
There is a wide and varying range of pianning activity in the region. Some planning groups have
been actively working for a long time, some are interacting; other towns and areas have had no
activity. The April 26th meeting will provide an opportunity for those with no planning activity
in process to get a lot of facts on the planning process and to learn from the experiences of those
"in-process". Those" in-process" may also see possible areas of duplication or opportunities to
join forces with others.
The volunteer planning committee--interested and concerned citizens--_encourages your
attendance and community participation.
Page 1 of 2
0
0
Page 2 of 2 -
"4-Wall" D~ORA1~ GUID]Eb.IlN]E
A"4-`3'all" planning guideline--your "local and regional house"-- was introduced by Governor
Romer at the January 26th meeting. This visual concept has been selected by the planning
committee to set the mood, stimulate discussion and generate ideas at the regional meeting. An
area adjacent to the large meetinc, room has been selected to house this diorama. Each
community, town, county is encouraged to bring pictures, maps, planning materials, artifacts to
demonstrate visually the make-up of the northwest region of Colorado. The items you bring
should illustrate the following:
Tlie WALLS, THE ROOF -
The FRONT WALL: You--the people- possibilities, projects, parhners; existing growth plans.
This wall will mature as the result of this meeting.
The LEFT WALL: The condition of the house is, the environment and ecologv, i.e., landscape,
plant life, species, trails, forest plans, etc. BACK WALL: The heritage, a historv of the past 3 generations of people, education, business,
social styles. What life experiences have contributed to whom and what you are today.
The RIGHT WALL: The economic vrtality, c»lture, quality of life, and infrastructures--
transportation, communication, industries, business, services, community support groups
(emergency and volunteer), water resources, land, and historic preservation.
The ROOF: The Master Plan - This roof will be developed together--a plan to protect the house.
Set up times:
5:00 p.m. to 9:00 p.m., Tuesday, April 25th
7:00 a.m. to S:30 a.m. Wednesday, April 26th
We have the following spaces for your materials:
28" X 40" easels (limited number)
24" round tables •
Free standing: floor space approximately 24" - 30".
Walls: plenty of space (plan on attaching with velcro tabs or duct tape--NO tacks)
Sponsoring professional display company and committee personnel will be on hand to help with
setting the diorama. For further information regarding space and sizes contact Jacque or Clare at:
303-670-8299. (Includes a 24-hour answering machine.)
I
~ NORTHWEST COI.ORr1D0 CiT(ZENS MEETING Or1 GRCWTH
WEDNESDAY AFR1L 26, 1995
; s aM. - 5 P.M. '
Marriott's Vaii Mountain Resort
' 715 Lionshead Circle, Vaii
Registration fee: S24!$25 at the door
Who. Should Attend?
RES7CE^i5 Oi Crar*d'. C1ear Ci'eek. Giic'f1. tcr'.^C. car'1f1'1li, Lake, Eag;2, ~.;inifl, Garreld,
Rio B;anco, McrG:. ;=cautt and Jacksc^ Ccuntiec.
AN INVITATION TO PARTICIPATE
Come ta the meetir,-- ff ycu cara 2bcui c~~v~t: , and you wart to DO scme!hinC 'co
maintG:^ our qLality cr IiTe. Be prerared to:
• shc-re ir.{crmatian and iceas •«ka responsiciiity for future ac'.ian
CONVEIVFRS
The Counties of G.'.rC. '-le3r C~eek, Gi;pin, P;rk, Summit, Lake, Eas(e, Pitkm, Gafe(d, Rio Blanco,
MGff6t. Rout; a;,d Jacfcscn
Roaring ;cr.c Fonsm, Nor.ywe.st Colorado Ceuncil of Gcvernmer-its, C1ub 20, Colc, ado litountain
Callege. Coloradc Fural Deve!opmem, Cauncii
AGcVDA
C;z2tir.g a Local Visicn - a Fane? Lur.c^
; 1715C:.1.SSiQf1 •
Kc YtiG i c ADCRESS - Goverr:cr Issue Ereaicout Sess;ers
Romer
lssue Brcakou; Sassicns Wrap Up
•re~is~t;cr, ;im~ed fo ~CC pecple•
•p/esse =py and c;~culate :his fcrrrr
-~'tGG1STr24TIQN
NOR i!-!wEST COLORALDO Ci i;ZLc-NS MEt i iNG ON GRO\N? H _
Apri126, 1995, Maric;:'s Vail Mountairi Resor,
Namels Organizetio^ fir apofi~b!e)
Maiiing Acdress.
Phone Fax
Regissaticn Fee: 520 per perscn -'-y Apri'l 141th; $25 st2rting Aprii 16th or at the door.
Make check payable to Colorado Mountain Collage.
Amour,t Enciosad:S
Mar1:0: Ccicrc.'o ~Vcuntarn Co/lege - AI'Le^t,cr Tbr,i Black, F.O. Eox 10,001,
, Glenwoctl Springs, Cc/orado 81602.
For in;~r,a~ior, on s&iclarships 2rd hote!s to re-uest alternative fcrmats, or ;o be a
c..^rmioufing sponscr calf: Ucrthwes: Colo; adc Ccuncil of Govemments
303-468-0295x 113.
0
0
Apri16, 1995
Pi~-~s~
Dear
Exciting and challenging things ;~LlSI n! One of the
greatest opportunities--state-wi( )y Governor Romer
this past January. We, the volu; )rt, would like you .
to join us in a two-step activity 9 a.m. - 5 p.m.
The first step is to make a conta ~e regional meeting.
Comprised of 13 counties, 500+ people could show up. We plan to cover this cost with registra-
tion fees, public money and contributions from private businesses. Although an individual
decision, we have asked towns to kick-off with a$100 each, resort recreation businesses are
putting in $500 each; and utilities, gas companies, banl:s, etc. are ranging from $500 to $2500.
Commitments by April 15th and checks by April 20th would help us provide "sponsored
registrations" for the economically limited communities. An additional $2500 would pay for juice,
danishes, coffee for early arrivals (some have quite a drive), and coffee breaks in the morning and
afternoon. Some of you could get together on this.
The second step is to show up with your neighbors, friends, AND your thoughfs, observations
and ideas. The Governor wants to l:now where you are and what you need and want. He'll be
there with some of his cabinet as "listening partners." Let's give them specific information.
This is a rare occassion, a prime opportunity to truly direct outcomes of a grassroots
planning process, and the ultimate impact it will have on your business.
Make your checks pavable to and mail them to: [another sponsoring-in-kind-partner]
Colorado Mountain College
Attention: 1'oni Black P O Box 10,001
Glemwood Springs, CO 81602
Call Jacque Mattics/Clare Doll at (303) 670-8299 or Eric Johnson at (970) 963-3790 for more
information.
Sincerely,
~
Ja ue attics
Private sector contributions
TOWN OF VAIL
.
. Input/Inquiry Response 1Zecord
The attached comments were recently received by the TovAn of Vail. We encourage Vail
residents and guests to give us such input and we strive for timely responses. PLEASE
ADDRESS THESE COlVCERNS WTTHII~T FIVE WORKIVG DAYS t1ND RETURN THIS
COMPLETID FORM TO Pt1M BRANDIVIEYF.IZ.
DEPARTNIENT TO HAIVDLE IlVQUIRY
` INDNIDUAL TO HANDLE INQUIIZY ~
DATE TOV RECEIVID IlNPUT/INQUIIZY I 1355
TYPE OF INPLTT / INOUIRY:
PHONE CALL (indicate date)
LETTER (attached) ~~u X G9wG,u~. (~u,~ c,J~"i-d ~t~w ?1~.4u¢.~~v,`~-e ~ ~ ~
uJ ~ mtp-n~ • `4-c*-" RESPONSE CARD (attached)
TYPE OF RESPONSE (check one,): "
LETTER (attach copy)
PHONE CALL (indicate date)
BRIEF SUMMARY OF RESPONSE OR AIVSWIIZ TO IlVOUIlZY:
DATE OF RESPOIVSE FORNT RETURNED BY DEI'ART1TENT 'TO I'AM BRAIVDNIEYER:
A mpy of this inquiry and form will remain on 61e at the TOV Community Relations office. As soan as this form is cetumed to Pam
Bcandmeyer, this inquiry will be aonsidered dosed.
- 'Il-fANK YOU FOR YOUR'IIMELY HAWLIIVG OF'IHI.S LSSUE ff YOU HAVE ANY QUFS'170NS, PI.FASE FEEL FREE TO COMACT
PAM BRANDMEYER A7' 479-2113.
NrK-bo-7~ 5Hl b4:17 P.e2
0
~
~
d ~
C11lS4~asv d'so R+dAEEPHlfLp
ESSd dSERRHiVdI RoJWW
Ag~GEWOODg NU 07450m2017
Apggl 3 o 1995
Gengbemema .
I have gecently returned from a skiing vacatiaB9 in Vail and am
greatly disappoianted at the lack of security in your parking
garages o I am aware tFaat the loc:al qarages disclaisrt any
responsibility for events in the garages8 but gor the px'ice one
must pay to park there, someone should have responsabalitye
&Th3.le parked in the Laons Head parkirag gacilityp and havbng dinner ~
- - ~[--~e-of-the- inca~-g'est~u~csnts, two hub-ca~as a~ere removecl f.a:om ~y . - - -
~ - ~
~ vehicleo Ac1d~t~eraally, anot hr~v~~ic~~ ac~'ass ficom min~ kaacl ts" _
trunk 09spru. ng°° and sat fhere wgth its g alarm cl ~ ~aot ~ tgurx~ te ~hi~ ~
respondeci to this g~oiseo Bdeedless to sayo
area in ordler to not loose the remainiaag twm hub capso '
i
U While there, ]C gead in your newspaper the item concerning the
tkarowing of red paant on a vi.sitog ° s ftax coat and the item
regarding the planting of skis and snow boards about town to tempt ~
thefte From my experience, it seems to me ghat thers s2aould be
some security prowided in the qarages o There was an 9.ndividtaal ~
placing wagnieag notices on vehgcles illegally parked in the walk- .
throughWays in the pagki.ng garages w2ao bndicated, ewen though these
areas were marked 91no parkingOP was unabbe to issue anything but za
wagninq o %was told they cauld not issue tgcketso Why, o because it
ffii.ght kaurt the t4urist business? ooesn°t it ur g slci.s s ol n o~
b u s imss to have ~'ed paint throsan on y ug coato Yo
I in my case, any hub caps stolera.
x fouaaci ~he attitude of the local police when Ireported this to be"
placatingo % was gold, % guess ydu need a police report number to.,
report ig to your instarance companyo No, I dd not need apolgce
repoxt numbere % reported this incident becatase it is one of
thegt. Or is it, because it took place in a gagage that says it is
not gesponsible for the automobiles parcked withiaaD that makes it
OIC t
gthaught Vail was a nice placeo Aiow I have my d4ubts.
iiery truly y0uxs,
: i~
3eara M. Cheesman
cC e CYaambeY' og CommerCe
~ vAn, vaLLEY ~
Tourism & Comvention Bureau
100 E. Mcadow Dr.
Va11, CO 81657
TRANSMISSION COVLR SHEET
DA.TE:
.
TO.
COMPANXT:Orv~7 Di .
- FAX#: `~-1~. ~\c.~~-=- - - - : - _ - - - : - .
FROM: ~
COMPAIVY: Yail Valley Tourism & ConoeQtion Bureau
FAX#: 30347"008
PHONE#:303~I76-100Q EXTENSIQN:~
TOTAL NUNH FR OF PAGES INCLUDING CO'VER SHEET:
ME AGE:
~~S
i ~
,
,
IF YOU DID NOT RECEIVE ALL PAGES, CONTACT 303476-1000
C'rmral Rrcrrvatinns 800-52$-3875 Crouv S21es 303479-2360 . Busincu Oftice 303476-1000
I v~,f ~ 1 ~ ~ `Mti
L`
. ~l .
COmI'rlunl$y T%'l,iSt
,
1101 8th Street
I N S T I T U T E Glenwood Spnngs, Colorado 81601
Responding to and Managing Change p Preserving cmd Enhancing Community
~ : ~G%w?
April 10, 1995 ~
The Honorcrble Peggy Osterfoss
Town of Vcul
c%: Bob McClaurin, Mcmager
75 S. Frontage Road West
Vcul, Colorado 81657
Decir Mayor Osterfoss,
We would like to invite the Town of Vcril to become our partner on a project which will
reseairch cmd document the effects of beyond-normal growth cmd chcmge on
community vcxlues cmd the social fabric of small towns. We wcmt to discover how established working fcunilies with community ownership ccro stop the shift towcird
becoming a commodity to serve new wealthy immigrcmts. We hope to empower
communities to solve the conflict created by the sudden cmd rapid pace of the urbcm
immigration into small towns cmd assist towns in discovering ways they ccro save
themselves from losing their community and becoming urbcro second home suburbs.
Our non-profit orgcmization, the Community Trust Institute, is in formation to tackle
this tough problem cmd offer assistcmce to small towns facing overwhelming chcmge.
We have attached a copy of our proposal for your information.
On May 10, Community Trust Institute will convene practitioners cmd philosophers in
the field of community in Glenwood Springs to discuss the problems facing small
tov,m.s ir, the Rccky rAountcnn region. Pa:rticipcmts will be asked to ideri+.l{y Cmd d1SCUSs
the causes cmd impacts of rapid chcmge cmd growth on community life cuid how they
affect community values cmd quality of life. The highlight of the day will be a dialogue
cIInong pcirticipcmts designed to explore solutions beyond the boundciries of those
contemplated now.
The symposium will be conducted in a roundtable discussion with 15 to 20 invited
pcirticipcmts cmd will be open to the public to observe the dialogue cmd at structured
times, to interact with the invited pcirticipcmts. The results cmd ideas expressed at the
symposiuin will be published for distribution through the media cmd upon request.
T'hese participants have confirmed their crttendcmce:
o The Honorable Dcmiel Kemmis - Author of Community cmd the Politics of Place
PHONE (303) 945-5912/920-9283
FAX (303) 9455989
~ .
and Mayor of Missoula, Montcma ¦ Milcm Wall - Co-Director of the Hecatlcmd Center for Leadership Development -
cm orgamization created to empower small town communities in the Midwest to
create their own futures
¦ The Honorcrble Debbie Jarcanillo - Mayor of Scmte Fe, New Mexico and
advocate for the rights of long term community residents
¦ Jim I:ochhead, J.D., Director of the Depcfftment of Ncrtural Resources, Stcrte of
Colorado and wcrter crttorney
¦ Raye Ringholz - Journalist and author of Little Town Blues - Voices from the
G`hcmain_g West ¦ Ed and Betsy McQSton - Publisher and Editor of the High Country News
¦ Luther Propst, Executive Director of the Sonorcm Institute and coauthor of
Creating Successful Communities: A Guidebook to Growth McmaQement
Strate_qies and Resource Guide for Creatinct Successful Communities
¦ Bill Lcanont, Murray and Lamont, former Plcuining Director of the Cities of
Boulder and Denver
¦ Jim Kent, J.D. - sociologist and President of Jcunes Kent and Associates - a firm
providing geographic mapping and social cmalysis services to cffeas in the
process of major chcmge
¦ Kenny Frost, Archeologist cmd member of the Southern Ute Ncrtion
¦ Chuck Klingenstien - Land Use Planning instructor crt Utah State University
and student of the Tcx Reform of 1986
¦ Ted O'Lecay - former Mayor of Glenwood Springs, Colorado and advocate for
regional approaches to resort cffea problems
¦ Frcink Peters - former Aspen City Councilmcm and advocate for the
preservation of the working class within changing communities
The Honorable Peg Toft - Mczyor of Kremmling Colorado
Dr. Michael Briand, of the Kettering Institute and Trinidad State Community
College
We hccve invited the Honorable Bill Hedden, Grrnid County Commissioner in Moab,
Utah but have yet to hecir from him.
We hope the symposium will create cm opportunity for leading philosophers on this
issue to meet and discuss the problems of small towns, what the foundation of the
problem is and to uncover new ways of thinking and approaching community thcrt -
have the potential to mend the wounds now occurring in smcrll towns in the Rocky
I
-
Mountmn region. We believe that this discussion has fca reaching implications cmd
although we plcm to focus on specific localities, we expect our work to have fcQ
reaching effects on how we view community in our culture.
We would like to ask Vcul to assist this effort with $1500 to cover pcffticipcmt's
expenses at the symposium cmd help fund the documents that will be published for
this event. Colorado Mountcun College has donated their Spring Valley Ccunpus
facilities for the event, the Hotel Colorado is giving us a great rate cmd the "Fxtended
Table" soup kitchen will be providing a simple lunch. We cffe seeking additional funds
from other sources including $1500 from Pitkin, Garfield cmd EagTe Counties, the
Cities of Aspen, Glenwood Springs cmd Vcul cmd $1000 from Basalt cmd Snowmass
Village.
At this point we have fincmcial commitments from Rocky Mountcdn Naturccl Gas
($2200), the City of Glenwood Springs ($1500), the Colorado Association of Ski Towns
($500) cmd a commitment pending from the City of Aspen, Pitkin County, Snowmass
Village cmd a local bcmk chain. None of the money donated will go to salcaies, all of it
will go to direct expenses for the symposium cmd for the printing cmd distribution of
the work coming out of the symposium cmd the trust. Although we eventually will need
to fund stcdf for this project, at this point we a[re working on getting the word out cmd
clcmifying the problems cmd directions we need to look at.
National Geographic has expressed an interest in covenng the conference. We aire
also contacting PBS. After the recent cffticle about the symposium in the High Country
News, we have been receiving calls cmd interest from all over the country. We think
this is a mcuvelous opportunity to establish the Western Slope of Colorado as cm
institute to serve the issues of strengthening communities cmd to explore new ways to
cope with community stresses. We believe our work will have implications that will
reach beyond small towns cmd give us ways to make our public lives more effective
cmd positive.
We wot;ld be happy to meet vjith your Town Council to explcan our concept in more
depth cmd to croswer any questions you might have.
Thcmk you for considering a partnership with Community Trust!
Sincerely yours,
, •
17
Leste Klusmire, AICP, ASLA Tom Baker
~
COMMuli I "r~t T~~U ~ T
~ ~ ~ s T , T U- 1 ~
1101 Eighth Street, Glenwood Springs, CO 81601 303/945-5912 Fax 303/945-5989
VUhat is Communi Trust?
Comm °°fl'rust is a nonprofit institute being forr_ied to offer assistance to small
communities experiencing rapid growth and change. Our study area is Colorado, Utah,
New Mexico, Arizona, Montana, Idaho and Wyoming. Our focus is on understanding
what causes change and how change and grouith effect community - both positively and
negatively. We want to assist communities to p*epare for, direct and work.with change so
that it addresses community needs and enhances the social fabric that is the unique to
thei, iocal area.
Communitv Trust addresses the problem of Communitv vs. Commodity
In small towns across the Rocky Mountain region, working members of the community are
no longer full participants in their community life. They are now treated like commodities
shuffled around as variables in an economic equation.
The backbone of American democracy has been the working members of the community.
Working families were the traditional foundation of the community social structure and
political life. They maintained local property and business ownership. In the later 1980's,
the beneficiaries of the economic shift occumng during the "Reagan" era and the new
freedom of movement created by communication technology allowed high income
families and individuals to look at living in the rural Rocky Mountain states while
maintaining their urban ties and incomes. The second home market boomed in
numerous small towns with regional effects on the housing markets and infrastructure.
The roie of the working families in small community began to shift toward being a
commodity for new wealthy immigrants. We have observed these impacts on small Rocky Mountain communities:
~ IVew people move into established communities with no understanding of local
values, customs and traditions, and perhaps no way of discovering them.
D. New arrivals transfer their urban values to. rural areas and as a result established
community values are not respected
~ There is an increased demand for services - new arrivals expect the urban services
that were available in their city homes
D There has been overwhelming change - too much, too fast, "Everything seems for
sale"
? Property values and the cost of living has spiraled upwards •
? There is an increase of speculative investment and absentee ownership
? Local business and residents are pushed out
? There is a shift from ownership to the management class in downtown business
(this impacts community involvement by the business owners)
? 1"he volunteer ethic erodes toward favoring monetary donations over the gift of
time
? Working families are housed in "employee" housing in order to accommodate the
needs of the new community
? Community members respond to overwhelming change and growth by saying "no"
to everything that resembles development
Our Res nse
Commwvty Trust will research and document the effects of beyond-nornial gxowth and
change on community values and the social fabric of small towns. Through personal
interviews and small group discussions, we will engage residents in dialogue in the course of
everyday life to discover:
• What effect does growth and change have on the satisfaction of small town residents
wzth their community?
• What actions have been taken to preserve what people like about their community
during periods of rapid growth and change? What has been most successful? What has
not been successful? Why? ,
• What ideas have not been carried out?
• Whai mistakes - resulting in unacceptable situations or conditions - have beeri made in
addressing community change ?
• How has growth and/or change been destructive to the valuable qualities of
commwvties?
• What good things can come from rapid growth and change?
• What can we do Mth existing policies and structures so the better serve communiry
members and enhance community life?
2
In addition, we w711 analyze the impacts of:
0 7ihe ?nistoty of hoom-busg cysle in our study area: Is tourism more resilient that
resowce extraction industries, i.e., mining and timber, or is tourism just another
iteration of past economic situations?
o 'I[he umpact o$' dae 'II'ax Iltefonn Act of 1986 and how it helped to create the cutrent
boam. The Tax Reform Act of 1986 effected the Rocky Mountain Region by creating
more discretionary wealth for upper income individuals. 1he Act reduced the tax rate
to 28% for persons with annual incomes over $192,000. In theory, this reduced tax
burden was intended to increase the investment in business and industr), of upper
income persons and create new jobs for working Americans. However, the Act did not work as planned. In 1987, the stack market fell over 500 points in one day and it
appeared that investment in business and industry, through the stock market, was not
the most prudent investment option. Many upper income persons instead invested in
precious metals, art and real estate. The Rocky Mountain region became an attractive
second home area for the wealthy urban dwellers. Consequently, the cost of property
and hosing in the this region has increased dramaticaily since 1986.
~ 'Ilhe ?ongevi4y of 4he newest imnmigBation erduced sma&1 tovvea grovth boom; is it just
equity refugees or is there a fundamental shift in settlement pattems? Is the
Telecommuting trend influencing the influx of professionals into small towns - what
is the real effect of the "lone eagle"? Is the small town allure just a temporary retreat
for bumt-out urbanites? Where are the baby-boomers going neart? Is this a genuine
search for "quality of life" or jLLSt another fad?
o Eow does ouir eWftuW trAtion of mo`ing from place to glxe in search of abetter
llIlfe effec4s to the degradation of cornmunity:' Americans have had a tradition of
relocating thai started '"ith pilgrims setting sail for a new ]and in search of religious
freedom. Most families in the U.S. todav are here because they or their ancestors
were unhappy with wfiere thev grew up. ~ Although transienc}, is seen as right, how
does it effect community, particularly in regard to small town social systems? Are
there ways to integrate immigrants in away that honors small town traditions of
neigbborliness and the classless social structure that characterizes most small towns in
the West?
o Are dere new modells for coraimunity, public life an? decision maidng 4trat srraaYl
towns can adopt go bypass de goli6ca? paralysis that unvades areas endergoing rapid
change, described most thougfitfully in Daniel Kemmis's book, Communitv and the
Politics of Place as the "stalemate."
3
Comminity Tnst defines growth and change beyond increasing population, and includes
economic stratification, transient populations moving farther and farther away from
employment centers due to high housing costs, the erosion of the community social fabric.
demands for urban services from new residents and the distress created by rapid growth and
change.
We believe that ihe answers lie inside the problem and the people exTeriencing the problem,
not from outside experts alone. Community members should be empowered to make the
connections between what may appear to be fragmented issues, We want to assist community
members in uncovering their own inherent insights into the deeper meanings of their concerns
and observations. Uncertainty and conflict is welcome, it is fertile ground for testing ideas
and linking relationships. Interactive, exploratory dialogue encourages testing of ideas and
allows community members to sort out the realities and foundations of issues so they may
begin to form effective responses. This approach is along the lines of thought most recently
ekpressed by the Kettering Institute in their report -"Meaningful Chaos".
4
r
Work Pz-o,gmm
T'he flisg phase of the project will be spent investigating the history of the boom/bust cycle in
the Rocky Mountain Region and the general effects of the Tax Reform Act of 1986 and
telecommunicating on the region.
In the second phase of the project, we will investigate at least one region in each of these
three states in the study area; Colorado, New Mexico and Utah. We will spend two months
in each.community interviewing residents and studying the history.of the area to deternune
commwvty characteristics; their evolution as well as what changes have occurred -
historically and currently. We intend to use local community members to identify contacts
and help broaden our community outreach.
Upon cou'cluseon o$' ~second phase we wIl piyb9ish ow- firechngs wsd conpare and contrast
change and uts effects gn the duw sonureuni6es studied.
The tWrd phase will evaluate trends to detennine if a boom/bust cycle is ending, beguuiing or
continuing. Wi11 these new arrivals stay? This trend analysis can be used by communities to
determine where they are in the cycle of growth and change. We will also identify possible
solutions to this multi-faceted problem, based upon the exWriences of different communities.
It is our intention to put these potential solutions in their proper context so others may
understand why responses worked for a particular community. We can then provide
assistance to small towns on techniques to deal "lith growth and change, and ways to preserve
the community's social fabric and small town quality of life.
We proMse to offer assistance in these areas:
,
Il. &"s4aNesh a cleatinghoase of ideas, resoumes and erfomxafion avaiYable to small
. tOwns'y
2. Offer corsailtation senices to srrall towns frorn ore or both of dhe co-drEStors or
aMiliated expeatsg
3. II&M se?ected sma9? towns thmu.gh a pmcess wwch empowers residents to identify.
what they 9ove aboart theHr community, what diey cbnl lilce, vvhat they w~t to keep that
appears e ered by gmwth; whaY pmgrarrffi can be cuEaWd to preserve the qualities
8hey wang to 9reep; and pmeess and assist A;th star4ing and raiaintainirg tfiose ptvgrarm.
This pmeess coea9d &e offered thmugh a niwchirg grant competition sirWlar to the
'NWHstree$" . program
4. ~ ~ program and publish workbooks and 6nfommtion wWch prcpams
snmfl towns to ImMe aErecg gpv-Ath and ctarge.
5
~
1994 and 1995 Work Pro=m cop!Q I. General
A. Research
1. Investigate the history of boom/bust cycles in the Rocky Mountain
Region via oral history and nevNspaper articles, as well as industry and
company histories. 2. Document the general effects of the Tax Reform Act of 1986 and the
creation of wealth and its disposition via census infonnation reports,
articles and other publications.
3. Track the telecommuting trend to detennine its likely present and future
influence on this region via census infot-mation, reports, articles and
other publications. II. Community Reconnaissance and Findings
A. Identify distinct study areas for intensive analysis (exarriples: Montrose,
Colorado; Moab, Utah; Espanola New Mexico)
B. In each of the three intensive study areas:
1. Research ne,~i-spaper articles and local historical publications look for
pattems of similar events, conditions and perceptions.
2. Identify each community's geographic/cultural area of influence
3. Identify who mierated to these areas historically and currently by
demographic characteristics and time period; and if possible, identify
why and w-hat atvacted them to this particular area?
8
.
4. Through interviews and historical research, identify the characteristics,
values and lifestyle of the community and how it has changed through
the various boom/bust cycles. VVhat issues and concems were raised
during that periQd of time - and if any attempts were made to prevent,
control or direct change.
5. Tlvough interviews identify what is changing now and how the community perceived this to be differing or the same as past cycles.
6. 'I1u-ough interviews identify possible community based solutions to
current problems.
7. Prepare a report on the findings in each study area for review and comment by participants and residents. "
C. \1Vith the assistance of participants and residents from the stl.idy areas; identifi,
policies, progranm and changes that could address the problems in ways that
would benefit and preserve existing community and incorporate new residents
into the community fabric. Evaluate the appropriateness of each suggestion and
develop a program that works for the individual community.
D. Write and publish findings in book format.
III. Ouveach
Concwrnntly with resecarh, reconr~ssw7ce cvzd frndings stage:
A. Begin building resource librarv of articles, books, videos, training pacl:ages,
other service in.forniation agencies and networks, for loan small communities.
Publicize availability of information and resources.
B. Research publish and distribute monthly newsletter. The purpose of the
newsletter is to build netvvorks and communicate resources and ideas to
,communities ehperiencing rapid growth and change. Content: Short and
concise articles ahflut wfiat is going on in Racky Mountain communities both
in tenns of impacts and actions to address change and growth. ,
9
C. Establish computer bulletin board for networking among small communities. D. Hold May 1995 Symposium - Community Values, Change and Growth and
Quality of Life: Deepening ow understanding of Community.
At the conclusion of with researh, reconncASSCmce cmd findings stage:
E. Distribute publication on findings from reconnaissance and findings stage.
F. Offer consultation services to small towns from one or both co-directors, or
assistance from appropriate experts.
G. Offer a competition to small towns for concentrated services from Communit},
Tnist. Selected small toAm would be empowered to identify their regional
geographic areas, identify the qualities and characteristics of their community
that seems endangered due to rapid growth and change. Identify what they
love and characteristics they would like to change about their communities,
create and implement programs to help direct change so that it enhances the
quality of life of the community.
H. Create and offer an annua] training prog?-am to prepares small town residents to
handle and direct gxo«th and change.
1. Publish workbool:s and information pamphlets addressing the methods we
develop and inforniation for disti-ibution to small toNNns.
10
~ 0MMJ! 8 IT°p ilil(UST
fl ro 5 •P fl T U T F
1101 Eighth Street, Glenwood Springs, CO 81601
Diabgue Participantso
The Honorable Danie0 Kemmas, author of Community and fhe Politics of Place and
ANayor of Missoula, Montana.
MBBan Wa1B, Co-director of The Heartiand Center for Leadership Development, vuorking to empower
small communities in the Midwest to create their awn futures.
The Honorable Debbie Jaearnallo, Mayor of San4a Fe, Newr Mexico and advocate for
the rights of long-term community residents.
Raye Rongho9z, journalist & author of Litt/e Town Blues - Voices from The Changing West.
BieB Larnon4, Murray & Lamont, former Planning Director, Cities of Boulder and Denver.
J6m Lochhead, Director of Natural Resources, State of Colorado.
Ed and Be4sy Marrsgoea, Publisher and Edi4or of High Country iVews.
Luthep Props8, Executive Director of the Sonoran Institute, co-author of Creating Successful
Communities: A Guidebook to Growth Management Strategies, and
Resource Guide for Creating Successful Communiiies.
Jim Ken4, .D.D., sociofogist and President of James Kent and Associates, a firm providing geographic
monniny a'?rl cnr-i-ml analicic ccniiCcc. tn arQac in tho n?n,~cec nf m?inr rhannc
Kenny Fros4, Archaeologist and member of the Sou4hern Ute Nation.
Chuck K6engenst6en, Researcher at the University of Utah on Grovvth Management Issues in the
Southwestern Region; Summit County Planning and Zoning Commission Member.
Tea1 O'Leary, former Mayor of Glenwood Springs, Colorado and advocate for
regional approaches to resort area problems.
FPank Pe4ers, former Aspen City Councilman and advocate for the preseniation of
the working class writhin changing communities.
The Honorable Peg T'mft, Mayor of Kremmling, Colorado.
DP. Rflichael Beiand of the Kettering Institute.
How 4o reguster ov get enore onfocmateone -
P/ease check fhe appropriate box(es) below and prinf your name, mailing address and
te/ephone number(s) in the space provided. Requested information will be sent promptly!
? I want to attend Community Growr4h and Change on AAay 10, 1995. I am enclosing my check for $50,
which includes a continental breakfast and simple lunch. Please send me a schedule and map telling me
how and when to get there.
? I would be interested in subscribing to Community IVetworks, a quarterly newsletter and informatien fors!m en
growth and change in small Rocky Mountain towns. Please send a sample issue.
Name
Town
Address
City State Zip
Phone Fcix
PIease reYurn 4his form 40:
Community Tpus4 Ins4i4u4e / 9109 Eigh4h S4ree4 / Glenwood Springs, CO 81609
970-945-5992
CC)MMUjNjjrj Tj"(US7f
I I I j r
J
Community Trust is a non-profit Institute being formed to offer assistance to small communities
experiencing rapid growth and change. Our study area includes Colorado, Utah, New Mexico,
Arizona, Montana, Idaho and Wyoming. We focus on understanding what causes change, and
how change and growth affect community - both positively and negatively. We want to assist
communities in preparing for, directing and working with change so that it addresses
community needs and enhances the social fabric that is unique to each locality.
We don't have the a n swe rs yet.
Practitioners and philosophers in the field of Community
will convene on the campus of Colorado Mountain College
in Glenwood Springs on May 10, 1995
to identify and discuss the impacts of rapid change
and growth on small towns.
Community Growth and Change:
Deepening our understanding
, of what is valuable in small town life
-
The symposium will be in dialogue format: key participants will talk with each other
and explore questions that, as yet, have no apparent answers or solutions. The dialogue will
push beyond any one individual's understanding to search for insights ihai cannot be achieved
by individua/ effort. We hope to discover the foundation of the problem and uncover new ways
of thinking about and approaching community - approaches that have the potential to mend the
wounds now occurring. We believE this dis?ogue i'las I'ai=reaching impiicatians: !t coufd have
extended effects on how we view communiry in our culture. The results and ideas we uncover
will be published for distribution through the media and upon request.
Due to the unique, intimate format of this dialogue,
the symposium audience will be limited to 100.
P/ease register nowe Don't miss out!
dd
e4
TORW OF VAIL
75 South Frontage Iload
Vail, Colorado 81657 .
970 479-2100
FAX-970-479-2157
F0R IflflMEDDATE RELEASE
April 11, 1995
Contact: Jody Doster, 479-2174 .
Transit Operations Coordinator
SP~ING TO9! BUS SERVICE RIJNS A?PRIL 17-IVId4V 26
(Vail)--The Town of Vail implements its spring bus schedule starting April 17. The
schedule, which runs through Niay 26, maintains free service on the in-town shuttle
from Vail Village to Lionshead, and provides limited coverage on the outlying routes.
As in the past, frequency is reduced from the winter schedule.
The in-town shuttle will run from 6:30 a.m. until 11:00 p.m. daily with 10-to 15-minu4e
intervals.
Frequency on the outlying routes will be shortened to two-hour intervals. The West
Vail route will run from 6:45 a.m. to 6:45 p.m.; East Vail will operate from 7:45 a.m. to
7:45 p.m.; Sandstone from 7:15 a.m. to 7:15 p.m.; and Golf Course/Ford Park will run
from 8:25 a. m. to 8:25 p. m.
Late night service for the.outlying routes will be offered from 10:45 p.m. to 12:25 a.m.,
according to the posted schedule.
The spring schedule uses three buses per day and nine drivers. That compares to 22
buses and nearly 70 drivers in the winter season. The summer schedule, which begins
fViay 27, will use five buses and 20 drivers with hourly service on the outlying routes.
(more)
Spring Bus Schedule/Add 1
• For additional information on the spring bus schedule, call the town's 24-hour bus
schedule line at 328-8143.
Vail's bus system is thought to be the largest free operation in the country, carrying
more than three million passengers per year.
# # #
~
. .
, ' . _ • , : 2:4' .~I . ~s .Y.~:}...; ~ ~ ~ •
:V , . : : . :
;~+`C.T.,i.v ~
;t
:<i.iiwao < A ~~~4'3.'~ . ~n:.:~.::.:::.::..~:>{. :
. .......m::;:.;:.
. . . waas::woc~•'a'i&:~::»:xmv:wH:1F:
6:45A - 6:45P
Departure Times From the TRC: 7:45A - 7:45P
6:45A, 8:45A, 10:45A, 12:45P, Departure Times From the TRC:
2:45P, 4:45P, 6:45P 7:45A; 9:45A, 11:45A, 1:45P,
Transportation Center (TRC) :45 3:45P, 5:45P, 7:45P
Veil Municipal Building :47 Tran rtation Center (fRC) :45
Concert Hall Plaza :48 Aspen Lane :50
Cascade Crossin :50 Booth Falls :51
Cascade Vill e. :52 Falls At Vail :53 •
Macterhom :55 Pitkin Creek Park :55
Ptarrru :57 Lu ine / Bi om Road :56
Underpass :59 Columbine / Bi om Road :57
' Intermountain :01 Streamside Circle :58
Meadow Creek :02 Timber Falls :59
Undapass :04 Rac uet Club / Mtn. Meadows :pp
S ruce Creek :OS Bi om Park :01 ~
Cascade Villa e :07 Meadow Lane / Meadow Drive ;02
Cascade Crossin :08 Meadow Lane East :03
Concert Hall Plaza :10 Main Gore / Juni r :04 •
' Vail Municipal Buildin :11 Main Gore / gi om _p(
Transportation Center (TRC) :15 Racquet Club Townhomes ;07 .
Bighom Road / Streamside East :pg
;::::::>;::'•:>:':>;::;::»::»>':::<~>:<:::::>:<:«:
Columbine / Bi om Road
:09
~+t »•i:,.::r~ i•::::<:;»:<:>:>>;::>:::<:::::::
.•:•:x::..:::~>:~:o>s;:.:_::::::,:::: ~ . ~
~:.,.,.,....,..,~,..:..v....,,•
' ...:~;.,;:~w:.:,~:.::•»':.::.:;.;;;.:>:::.::~:z:.:z::<>:<:»»;;;;;:;;.»:::>~:~><«<i>: Vail East Condos :10
7:15A - 7:15P . Pitkin Creek Park : I 1
Deparhire Times From the TRC: Falls At Vail. :12
7:15A, 9: i 5A, 11:15A, 1:15P, Booth Falls :14
3:15P, 5:15P, 7:15P Bald Mountain Road :15 .
Transportetion Center (TRC) :15 Transportation Center ('I'RC) ;25
, Sandstone School :17 ~
Red Sandstone Road :I 9 CY#~;~:3~':<~~D~,RSFI.~'QR~~~
Vail View / Red Sandstone Road :20 8:25A - 8:25P
Sandstone Creek Club :21 Departure Times From the TRC: '
Simba Run :22 8:25A, 10:25A, 12:25P, 2:25P,
Vail Run ' 23 4:25P, 6:25P, 8:25P
Timber Rid e :25 Tran rtation Center ('I'RC ;25
Post Office :26 Hanson Ranch Road ;27
lWest Vail Mall :28 • Golden Peak ;28
Chamonix :30 Soccer Field .29
West Vail Lod e • :32 Ptarmi an West :30
Vail Das Schone :33 Ptarmi an East 31
Buffehr Creek :34 1448 Vail Vall Drive :33
Tber Rid e :37 1610 Sunburst Drive :34
School :39 Club House ,36
portation Center (TRC) :45 1610 Sunburst Drive ;37
Ford Park :39
. : : : : : : . ~ : : : : : : : : : : : : : . ~ : : ~ . _ : : : : :
Tran rtation Cente
sp~ r (IRC
) :45
>
De arture 'I'imes From the'I'RC:
~TI~;S7['E3JP~;~~::~'>~?:~::D~ • :3>.:»
. . ~
.
~..~rF.E~# . . . •
. ...a.~ :;:;`:;;:i:~:::::'?:~i';••.';":.::.. .
.~S
ti......:::.;;;;::•::~: .
: P:. ; : . : :
~;+~'.Qf~~:.~:~;:.... .
. '
~ .::::::;`<2;~: ~:::.::22:::•':;;::i:.>:.:;.:.;:.:
Wese Vail Red 11:15P
:
~JS
>:>;«:::;>:::;s.'"`>`:;`{<:";..:.:,<:,:::.,_::
CsO~f COUf'SC
1 Z: ZS
A
~4~Y. ~$~:',~'~.'St.'I.1!~f ~€~TI'~'~.
llN-TOWN SHU'II'7C]C,]E .
.
~ . . .
.
~
~
~
:
. ~
.
::\:i:::: v
: v...........
+.iY: ~;.p•:::: ~ ~:.:i':.: : :::i::::i':::ti:::iii::i: i:::::::'r:::.: i?:::i:i:!::~:::::: . n.....
y~y~ ii:~iYiivi:;i:;::;:';i:%i~
~Y41 ::::.i.<;..:.:.:~ :::i::::f:::
12::t~#1
dd
A~
TOWN OF VAIL 75 South Frontage Road
Yail, Colorado 81657
970 479-2100
FAX-970-479-2157
FOR OMnflEDDAT[E ~~~EASE
April 11, 1995
Contact: iViike Mollica, 479-2138
Acting Community Development Director
TOWN OF VAIL SPONSORS TFDIRD ANfdllAL COfVSTRUCTBON KoCF(-OFF
NIEETIIVG p?PRIL 13
(Vait)--The Town of Vail will help launch the construction season again this year
through sponsorship of a"kick-off°. meeting for contractors, architects and others
interested in Vail's construction process. The meeting is scheduled for 6:30 to 8 p.m.
Thursday (4-13) in the Council Chambers.
There, representatives from 4he town's building division, Public Works Department,
Fire Department and others will be on hand to offer tips and other guidelines to help
avoid costly delays and other inconveniences.
Information on permits, inspections, fees and other regulations will be discussed,
including updates to the Uniform Building Code and conditions required by the
American Disabilities Act.
The kick-off meeting was introduced in 1993 to help integrate improvements in the
construction process and increase communications between town inspectors and
contractors. Since 4hen, the number of problems on construction sites has decreased,
said Mike Mollica, acting director of the Community Development Department. "14's in
everyone's interest to work as efficiently as we can, particularly because of the short
(more)
Construction Kick-Off/Add 1
construction season in the core areas," Mollica said.
Vail's building permit activity shows 114 permits issued for the first three months of
the year with a valuafion of $11.6 million. For the first quarter last year, 59 permits
were issued totaling $1 million. The figure rose to 615 permits totaling $42.4 million fot
all of 1994.
For more information on the construction kick-off meeting, contact the Community
Development Department at 479-2138.
# # #
b ~
~a
e4
T0W1+1 OF VAIL
P.O. Box 567 Department of Police
Vail, Colorado 81658
(303) 479-2200
April 11, 1995
Ms. Lynda A. Goldstein
472 Columbia
Denver, Colorado 80206
Dear Ms. Goldstein:
I am in receipt of your letter to our Mayor dated March 20, 1995'
as it relates to the closures of I-70 eastbound over Vail Pass. We
appreciate your comments and concerns and would like to assure you
that we share them with you.
It should be brought to your attention that the Town of Vail and
the Vail Police Department are spearheading an effort to seek
solutions and/or alternatives to the problem. The Police.
Department has implemented an I-70 closure plan that should get us
through 'the remainder of the season and is coordinating efforts
with the Colorado State Patrol, Colorado Department of Highways and
the Eagle County Sheriff's Department to reyiew long term
solutions. We hope to have this process completed before our next
winter season.
Should you have any additional comments or questions, please feel
free to contact me directly at (970) 479-2210.
Sincerely,
TOWN OF VAIL
j:h:e::th H. Hughey _
KHH:lw
„ ~L4--'
0
R~ ~tE; w~ci~ ~,PR
i >
!
~ n z~~ . : y
Rfl~s. F
~a< t?
.
~MaRCh 20, 199 5
f
. .
LyNdA M. GOIdSTEIN -
DEAR MAyOR OSTERFOSS:
LnndscnpE DESiGn
472 AS A REIATIVELy IVEW RESIdENT ANd TAXPAyER Of ThE VAIL VA«Ey COMMUNITY ANd A
ColuMbine fREQUEIVT COMMUTER bETWEEIV VAIl ANd DEIVVER, I IiAVE TO SAy TIiAT I IiAVE bEEN VERY
DENVER PLEASEd SO fAR WITIi ThE OVERA« ATMOSPIiERE Of TIi15 COIVIMUIVITy. COIORAdO
80206 ThERE IS, IiOWEVER, A MAJOR PRObLEM TIiAT hAS bEEIV REOCCURINq IN ThE IAST COUPIE Of
303. MONTI-I5. IT. IS ThE INHUX Of SEMI-TRACTORS, TRAILERS ANd 1$-WIiEELEd TRUCICS OVER ThE
329.3566 VAIl PA55 ON SUIVdAy AfTERIVOONS ANd EVEfVIIVC~S. FOR fIVE OUT Of ThE IAST SEVEIV WEEICS
VAIt PA55 IiAS bEEN CIOSEd, NOT dUE AS MUCIi TO bAd WEATliCR COIVdIT10NS, bUT TO ThE
PIlE-UP Of TI-IESE VEIiIClES TIiAT ARE NOT AWE TO MAkE IT OVER ThE PASS. FOR MOST Of
ThE NORNiA[ SkI TRAffIC, ThE ROAdS ARE PASSAbLE. ONE STUCIC TRUCIC, IiOWEVER, SEEMS
TO RUIIV tT fOR EVERYONE EISE TI1AT COUld NtAICE IT.
I ASSUME TIiAT WITIi C[ENWOOd CANyON OpEfV TIiERE IS A MORE dIRECT ROUTE •
TIiRROUqIi; IiOWEVER, TIiERE SIiOUld bE SOME CO(VTROt AT PEAk Ii0UR5 ON SUNdAYS
SUMMER ANd WIIVTER, IT IS AN ENORMOUS ANd UNNECESSARy INCOIVVENIENCE TIiAT COUld
hE PRO(}FRI.V, h.^.P2d(C:1..
SINCEREIy,
,t
LYNDA M. GOLDSTElN
I
4VAIL
TW~I O75 South Frontage Road
Vail, Colorado 81657
970 479-2100
FAX-970-479-2157
FOR &flAAlIED9ATE RElLEASE
April 11, 1995 ,
Contact: Larry Grafel, 479-2173
Public Works Director
TOH COItlSII RU`1A UIOItl 66WOU ILIItlE" BEGINS P'1rRIL 07 tlO PROVIDE 24-WOC11f'd IIt9FO
OItl ItlIAJOPS DItlFRPoSII RVe9CTWJRE PROJECTS
(Vail)--The Town of Vail will activa4e a new information line next week that will
connect callers with the latest information on detours, potential delays and other
summer construction activity throughout town. The construction hotline number, 479-
2477, will be accessible 24 hours a day writh recorded information on.such projects as
the roundabout, residential street reconstruction and several bridge replacements,
among others. The information number will be activated April 17 and will be monitored
by the Public Works Department, said Larry Grafel, director.
"This will be one of the biggest construction seasons for the town since the
transportation center was built in 1989," said Grafel. "By providing as much advance
construction schedule information as we can, we're hoping to lessen some of the
inconveniences for our residents, businesses and guests," he said. The round-the-
clock information line also wrill include the name of each project manager and a phone
number.
The 1995 cons4ruction season gets underway on April 17 with the beginning of two
town projects: the roundabout and Covered Bridge renovation. iVext week's
roundabout schedule includes the relocation of 4rees and other off-site work to be
(more)
Construction Hotline/Add 1
followed by site clearing and full construction operations by the 24th of April. The
general contractor for the $2.2 million roundabout project is B&B Construction. Traffic
delays will not exceed 15 minutes throughout the construction process, Grafel said.
At the Covered Bridge in Vail Village, workers will prepare to install a bypass
pedestrian bridge on April 19. Then, the following week, a crane will be used to lift the
original bridge off its support. The $100,000 project will include rehabilitation of the
bridge's timbers, replacement of girders and decking, abutment improvements,
installation of pedestrian guardrails, drainage work and streambank improvements.
The general contractor.is G.A. Western of Palisade.
. On April 24, workers will be returning to Chapel Bridge in Vail Village to complete that
bridge project. The bridge replacement work, which began last fall, will require closure
of the bridge from April 24 to May 26. Traffic will be detoured to West Forest Road and
Beaver Dam Road. In addition, a detour sign will again be posted at the intersection of
Vail Road and South Frontage Road. The remaining work includes installation of paver
sidewalks, stonework on the columns, drainage, concrete approaches and landscaping.
The general contractor for the $540,000 project is G.A. Western.
Other projects to be included on the hotline number include the Pulis Bridge (golf
course) replacement and street reconstruction in the Golf Course and Matterhorn
areas. In addition, Grafel says the information number will provide updates on several
other projects, including the installation of Upper Eagle Valley Consolidated Water and
Sanitation District's (UEVCWSD) water line along the South Frontage Road.
For more information on the hotline or specific construction schedules, contact Grafel
at 479-2173.
# # #
,
1
~
ee
e4
TOWN OF VAIL
75 South Frontage Road
Yail, Colorado 81657
970 479-2100
FAX-970-479-2157
MED9A ADV9SORV
April 12, 1995
Contact: Suzanne Silverthorn, 479-2115
. Community Information Office
!lA~L TOWN COUNC9L HICHL@GFITS FOR APFt~L 12
W0rk Sessuon Bruefs
Council members present: Johnston, Lapin, Navas, Ostertoss, Shearer, Steinberg,
Strauch
--Joint Work Session with Eagle County Commissioners and the Avon Towrn Council
Participants heard a first quarter progress report from the newly reorganized Vail Valley
Tourism and Convention Bureau. The presentation highlighted three committees: the
Vail Valley iViarketing Board, Commission on Special Events and Activities and the
Finance Committee.
Mayor Peggy Osterfoss encouraged the County Commissioners and Avon Town
Council members to participate in ongoing discussions regarding assessment of the
WTCB program and its processes. Avon Council members said they wanted to hear
more about the WTCB program during an upcoming Avon Council work session.
Also during yesterday's joint meeting, the group talked briefly about the feasibility of
funding the Gypsum-to-Vail bus system beyond April 16 and citizen efforts to create a
Rlovember ballot issue for a permanent regional transportation funding source.
Participants were reminded of a follow-up transportation summit meeting scheduled for
, today (4-12).
--Review Proposed Open Space Land Use Plan Changes
The Council began preliminary review of 16 parcels of land, most of which are owned
by the Tovvn of Vail, and have been identified by various planning studies for
reclassification within the town's Land Use Plan for open space. The process includes
amending the Land Use Plan first, and, as a second phase, consideration of rezoning
about 40 parcels. Several properties on the list, for examplA, arA.r!assified..;n.±he
overall land use plan as residential, although the anticipated future use of the property
is open space. In that case, the reclassification would reduce development potential on
the parcel, preserving it as open space. During yesterday's review, the Council
decided to wait until more information is provided before moving forward with the
process. Some Council members expressed an interest in maintaining the exis4ing land
use designations. A reviewr of protective covenants and site visits to selected parcels
. (more)
~
Council Highlights/Add 1
. will be scheduled for the April 18 work session. The recommended Land Use Plan
changes will then be presented to the Planning and Environmental Commission on
April 24. The process for the second phase, proposed zoning changes, will include a
recommendation from the Planning and Environmental Commission and a series of
public meetings before final action is determined by the Town Council. The rezoning
phase will include approximately 40 properties. For more information, contact Russell
Forrest or Jim Curnutte in thE Community Development Department at 479-2138.
--DRB Report
During a staff report on the April 5 meeting of the Design Review Board, the Council reviewed and reacted favorably to the Serrano's redevelopment project. The project
has been modified to meet conditions of approval by the PEC, DRB and Town Council.
For details, contact Andy Knudtsen in the Community Development Department at 479-
2138.
--PEC Report
During a staff report on the April 10 meeting of the Planning and Environmental
Commission, the Council voted 7-0 to call-up approval of a major exterior alteration to
allow for the expansion of La Tour Restaurant and the Gotthelf's Gallery and a
conditional use permit for a modification to the outdoor dining deck of the Village
Center Building. Council members expressed concern about the number of parking
spaces on the property. The application will be reviewed by the Council at is May 1
evening meeting. For more information, contact Andy Knudtsen in the Community
Development Department at 479-2138.
--OtherNail Valley Consolidated Water District Request
The Council authorized the Vaii Valtey Consolidated Water District to proceed with
planning for construction of an underground pump station on town-owned land at Dowd
Junction extending to the old town shops. The project will undergo a"courtesy" review
by the town's Design Review Board. The water line will be leased from the water district by Vail Associates for snowmaking. In exchange, the water district and VA have
agreed to install a restroom and drinking fountain at the Dowd Junction site to be accessed eventually by those using the Dowd Junction bike path. Future plans call for
development of a park on the property. The site currently contains several small cabins
just north of the interstate. For more information, contact Greg Hall, town engineer, at
479-2160. --Information Update
The Council authorized a$200 memorial contribution in the name of Pete Edrington.
Council members received an update'on the "random act of kindness" program
suggested by local resident Elaine Kelton. On April 8, from 2:30 to 4:15 p.m., the town
offered parking structure patrons an unannounced, complimentary day of parking as a
goodwill gesture. Donated revenues by the town totaled $4,025. The Council
(more)
.
:
e
Council Highlights/Add 2
suggested including the private sector in the next effort. For more information, contact
Assistant.Town Manager Pam Brandmeyer at 479-2113.
Town iVianager Bob iVicLaurin reported that eight assault weapons have been
registered with the Police Department by residents within the Town of Vail. The
registration deadline was April 9. For more information, contact Town Attorney Tom
fVioorhead at 479-2107 or Sgt. Joe Russell with the Police Department, at 479-2249.
An update on the community survey was presented. As of April 11, 376, or 10 percent,
of the surveys had been returned. The deadline is April 17. Council members urged
residents to participate in the survey process, as important policy decisions will be
shaped by the survey's results. For details, contact Suzanne Silverthorn at 479-2115.
Town Manager Bob iVicLaurin said the Covered Bridge renovation project begins next
week with placement of a temporary pedestrian bridge on April 17. Repairs to the
landmark bridge will be completed by fViay 26. For details on the project, contact Public
Works Director Larry Grafel at 479-2173.
--Council Reports
After an update on the Sister Cities program, now known as the Vail Vafley Exchange,
Merv Lapin and Peggy Osterfoss were appointed by the Council to serve on the 13-
member board of the newr non-profit organization. For more information, contact John
Horan-Kates at 845-9200.
Merv Lapin gave an update on discussions between the Town of Vail, Vail Associates,
the Lodge Tower and The.Lodge at Vail regarding the town's interest in creating an
underground delivery system. Lapin said the discussions have been positive and are
continuing.
Peggy OsterfosS said the Eagle Valley Leadership Coalition has offered to continue
facilitating public-private discussions on the issues of regional transportation and
affordable housing. Council members offered support for the effort.
Tom Steinberg suggested #he town focus its state lobbying interest on creation of a
fixed rail system from Denver International Airport to Glenwood Springs, rather than a
line from Leadville to Glenwood Springs. Steinberg said the issue would be discussed
at the local transportation summit meeting scheduled for today (4-12).
# # #
1d
e4
TOWNOF VAIL 75 South Frontage Road
Yail, Colorado 81657
970 479-2100
FAX-970-479-2157
FOR IMMEDYAT'E R[ELEASfE .
April 13, 1995
Contact: Susie Combs, 479-2178
TOV Volunteer Program Coordinator
TOV ANNOUNCES "ADOPT-A-PATF9" PROGRAM:
KICK-OFF SCHEDULED FOR NvAY 6
(Vail)--The Town of Vail is extending its community volunteer program to include a
new effort aimed at keeping the town's trails and bike paths free of litter. The "Adopt-A-
Path" program will be launched May 6 when community volunteers join TOV employees
for a comprehensive clean up of the town's key bike and pedestrian paths.
Recruitment of groups and individuals for the year-round community effort is currently
underway.
The idea was first presented to the town by Bob Moroney, a manager at the Vail
Athletic Club (VAC). "We just thought it was an opportunity for us to do something for
the town and the community," said Moroney. "We'll all benefit and it will free up TOV
staff to concentrate on other areas." He says the program will take very little effort for
the VAC staff, probably 20 to 30 minutes per clean up. "Our staff has agreed to support
the plan as it's a great opportunity for us to go out for a walk and accomplish something
at the same time," he said. The Vail Athletic Club has adopted the streamwalk path
between the Covered Bridge east to Ford Park. Following the initial cleaning on May 6,
the VAC crew will make daily sweeps of the path to keep it free of trash and to report
(more)
Adopt-a-Path/Add 1
any maintenance-related items, Moroney said.
Moroney has agreed to assist the town in encouraging other businesses and
individuals to adopt paths of their own. "I feel it sends a positive statement to everyone
when they see businesses 'pitching in' to assist in keeping the town clean," Moroney
said. "It says we're all proud of our community and want to take that extra effort to keep
it clean. I.would also encourage core area merchants to adopt the areas fronting their
shops to assist in keeping the town free of litter."
Susie Combs, the towri's volunteer program coordinator, said the town has identified
10 sections of recreational trails from East Vail to West Vail which could be adopted by
volunteers. Those sections range from a third of a mile to a mile long. She said the
town will provide trash bags and tools to assist in the partnership.
Combs says she's hoping all 10 sections of the paths will be adopted by the May 6
kick-off. "Our goal is to get the initial clean up of the paths done on May 6 and from
that point on, it will be the responsibility of the group or individual to clean the path as
needed," she said.
. If you're interested in adopting a path, please contact Combs at 479-2178, or Bob
Moroney at the Vail Athletic Club, at 476-7960.
# # # Please Note: The annual town wide clean up day is scheduled for May 20. For details
on this event, contact Paul Reeves in the Community Development Department'at
479-2138.
s
d~ )
~fassL
-lo adJtzn-s c4o~&t-f 19ounLtion
1129,Fast 19t4 o¢venut
'LJenvet, eD 5021S
April 13, 1995
Ms. Pam Brandemeyer
The Town of Vail
75 South Frontage Road West
Vail, CO 81657
Dear Pam:
I am enclosing a package of information on the Jeff Campbell Celebrity Golf Classic to
Benefit Project Challenge. As you read the literature you will.learn what Project
Challenge is and how this golf tournament can allow Project Challenge to expand the
services it provides to the courageous patients at The Children's Hospital in Denver.
Once you have become familiar with Project Challenge and the Jeff Campbell Celebrity
Golf Classic, I would like you to consider the Town of Vail becoming a sponsor. The
tangible benefits to the Town of Vail are outlined in the proposal, but the other
benefits they would receive as a sponsor in the areas of enhanced public image from
seeing how their sponsorship of this event will improve the lives of children, far
outweighs the monetary request. In addition, the monies raised from this event will
be spent in Vail conducting the Tournament and throughout the year with the Project
Challenge children. The Tournament will also bring a group of people to Vail to enjoy
the many amenities Vail has to offer and to spend money in the many shops and
restaurants. All these help to support the reasons why the Town of Vail should
consider a sponsorship package at this event.
Jeff and I look forward to the opportunity to meet with you and anyone else from the
Town of Vail in person to answer questions you might have. I will contact you to
arrange a meeting. Until then, if you need to contact me, I can be reached at (303)
783-9633. I hope you agree that a partnership between the Jeff Campbell Celebrity
Golf Classic, Project Challenge, and the Town of Vail as a sponsor will benefit all
parties.
Very ly yours,
Richar E. Collier
Tournament Director
Encl:
.
. . ~
A Proposal
to
The T'own o f Vail
for sponsorship o f the
Jef f Campbell Celebrity Gol f Classic
to benefit
Project Challenge
June 18-19, 1995
Vail, Colorado
Jef¢ Campbelfl Celeb~ity Golf CYassic
To Benefit
Pgoject Chaflle~~~
~
~ONcEPT
The Jeff Campbell Celebrity Golf Classic will be an annual event beginning in 1995
to raise funds for Vail-based Project Challenge, a recreational therapy program for
cancer, burn, handicapped, and HIV-positive patients of The Children's Hospital in
. Denver. The goal is to create an annual, upscale golfing event which would attract
100 participants and raise $30,000 in the first year for Project Challenge; with the
potential to grow into a multi-day event of national prominence.
LOCATa~NIDATE
The event will be staged June 18 & 19, 1995, at the Vail Golf Course and the
Marriott Vail Mountain Resort. These Vail locations take advantage of Jeff
Campbell's hometown popularity and support the upscale nature of this event by
providing participants the opportunity to experience the many amenities of the Vail
Valley.
O1ZG ARTIZA'd'IORT/FO IZMA'B'
An event planning committee, which includes Jeff and Stacy Campbell, Rick Collier,
Dan and Gracie Goodwin, Bob and 1Vancy Stone, and staff from The Children's
Hospital Foundation, have begun to organize the event. Rick Collier, whose
experience in organizing golf tournaments spans over 20 years, will be the
tournament director and will develop a committee structure which will be
responsible for event management, financial management, securing sponsorships,
participants, and celebrities, and for production of all print materials.
The format for the jeff Campbell Celebrity Golf Classic will be a four-person
scramble with one celebrity in each foursome. The event will include a cocktail
reception, banquet and silent auction the evening before the tournament, one
night's lodging, continental breakfast and golf followed by lunch and an awards
presentation. Prospective participants for this tournament are corporate executives,
sports and media celebrities, and individuals interested in supporting Project .
Challenge. Potential sponsors for the tournament include major corporations in the
Rocky Mountain region, businesses in the Vail Valley, and other companies
interested in supporting Project Challenge.
JEFF CAYVIPBELL
Jeff Campbell grew up in Vail and is a local hero to many in the Vail Valley who
remember him from his playing days on the Battle Mountain Huskies football team.
As a senior, he was the team's leading rusher and the state record-holder in the
100-meter dash. As a walk-on at the University of Colorado, Jeff was a stand-out
wide receiver and punt-return specialist who set the CU school record in punt-
return yards and made an artform out of the "end-around." Jeff was drafted by.
the Detroit Lions and played there for four seasons. This past summer Jeff came
home to Colorado and played his first season as a Denver Bronco. He has been
welcomed home to Colorado and to Vail with open arfns by his many fans, and
now he hopes to give back to the community through his involvement with Project
Challenge.
PROJECT CHALLENGE
Project Challenge is clvse to Jeff Campbell's heart, for this program was established
in memory of his college roommate and good friend, Sal Aunese. A star
quarterback at the University of Colorado, Sal succumbed at the young age of 20 to
cancer. Inspired by the outpouring of love and support which surrounded and
sustained Sal during his battle against this devastating disease, Gracie Goodwin,
Golden Peak Children's Ski School Manager and mother of Jeff Campbell,
established Project Challenge to help children battling an uphill fight against
cancer. The spirit, self-esteem and confidence that was kept alive in Sal by his
teammates is now being spread to youngsters from throughout the Rocky Mountain
region being treated at The Children's Hospital in Denver.
Begun in 1991, Project Challenge is coordinated by Gracie Goodwin and Sandy
Morrison, Director of Major Gifts of The Children's Hospital Foundation. The
program has expanded to include not only kids with cancer but also burns, physical
handicaps, and HIV. Project Challenge provides these courageous children with a
skiing experience designed to complement their medical treatment by fostering self-
esteem, fun, and normalcy in their lives. Since its inception, over 300 children
have participated in Project Challenge.
r
SIPON~ORMAIZ'II'ICgPAN'g' ]PACIKAGES
IfrewnBringlB'stie Spon~~ $15,000
Presenting sponsorship designation and use of logo in all print materials, nine
Special T'eams Packages, full-page ad in the tournament program (location of
sponsor's choice), banner on the first tee and scoreboard, special recognition at the
banquet and at the awards presentation, and recognition by The Children's
Hospital.
~ponsor $5,000
Banner on the golf course, six Special Teams Packages, half-page ad in the
tournament program, and recognition at the banquet.
I?efense Spossop S1,2M -
Signage on golf course, three Special Teams Packages, listing in the golf program
and recognition at the banquet.
Specrri~l Teams Package $300 per person
One night's lodging, cocktail reception, banquet and auction followed by
continental breakfast and 18 holes of golf the next day which includes cart, range
balls, player gift, lunch and awards presentation.
cCoaches IPackage for Accoeapaaeysye~ Guests $100 p~ pmon
One night's lodging (same room) with golf participant, cocktail reception, banquet
and auction, continental breakfast and lunch/awards presentation.
Traainang 7('able Paa~~~ SW per person
Banquet-only package to allow participation of non-golfers.
. (~(~~~;'~ED AT~R 1 -7 19V
Transpo~ation Commission of Colorado W.
4201 East Arkansas Avenue Denver, Colorado 80222 C4.,"
N,~'TIE N\•~\N' (303) 757-9207 FAX (303) 757-9717 ~
PETE M. MIAELEZ
Chairman,Nonhglenn APr'il 13, 1995
WM. R.'BILL' HAIGHT
Vco Gw'oman. Stear+boat Spri^8s
GERALD PAO(vSORE
Oc1,vor
FLODIEANOERSON
Go1den
aocERCCUCaAFT Mayor of Vail .
^"'°'a 75 S. Frontage Rd. West
WM. L'81LL' NEAL Val l
F,,, , CO 81657
BERNIE BUESCHER
GrandJonctio^ Dear Mayor: CASTELAR'Cas' GARCIA
Manassa
PETERJ.KING,JR. E3CY1 year, the Transportation Commission of Colorado
Colora'°Sp^^gs conducts the Project Priority Programming Process for
J0.SEPH'TONY' FORTINO
P Y'O rammin P ~
,,,~,o p g g, selection, and establishment of ro 'ect
DONALD G. MORFISON priorities.
limon . "
GLTMA-Virst phase of the process begins with the optional, individual
co~Zinty meetings with Region Transportation Directors and Transportation
Commissioners; many of these meetings have been held or will be held
within the next few weeks. The purpose of the individual meetings is to
work with county and municipal officials, appropriate Metropolitan
Planning Organizations (MPO) and the public to discuss project status,
priorities, and revisions to the Statewide Transportation Improvement
Program (STIP) and/or the Long-Range Transportation Plan.
Regardless of whether an individual county meeting is held, from
September to May, regional meetings have also been held or scheduled
within the Transportation Planning Regions (TPR). Normally, the purpose
of these meetings is to develop, review and update the regional
Transportation Improvement Program (TIP), review the current STIP and
consider requests for new projects at the discretion of the TPRs.
Following the regional meetings, the Statewide Meeting, convened by the
Transportation Commission, is held to discuss the recommended changes to
the STIP. However, since the 20-year Colorado Transportation Plan has
not been adopted by the Transportation Commission and approved by the
Federal Highway Administration and the Federal Transit Administration,
"policy" changes will not be made to the STIP.
Therefore, please be advised that the Statewide Meeting, scheduled for
May 17, 1995, is cancelled. The Department of Transportation
Statewide Meeting
April 13, 1995
page 2
will continue to operate under the currently approved STIP until the
20-Year Colorado Transportation Plan is approved and until the new
STIP is developed based upon the approved Plan.
We appreciate your continued participation and if you have any
questions concerning this process or the STIP, please contact the
Office of Financial Management and Budget at 303-757-92.62.
Yours truly,
Ao~
GLENN V , etary
TRANSPORTATION COMMISSION OF COLORADO
I
X c ~ C~u~,e~k
APR 9 7
~
Strengthening Fa.rnilfles Task Force
afl1nOLflY1CeS a lilllllatl Serv1Ce3 Slddllm11
M~~~~g ConneetIlons, erging Coal'itions
VVednesday,lVlay, 10, 8:3004prri
@ $he Coflorado Rocky Moaantain School,
Carbondalc, CO
Free adinission and lunch with registration
Joiii us for an oppor9,unil.y to:
o improve coanmunication in the field of human services;
* increase amotuit. of collaboration between agencies; aild
e unprove the quality of life within the }'arachute to Aspen region
For moi•e i?zformca[ion, call HMC @ 927-1192
.
s a
J
TOWN OF VAIL MEMOR.ANDUM
T0: Robert McLaurin
Council Members
FROM: Judy Popeck
DATE: April 17, 1995
RE: Investment Report
Enclosed is the investment report with balances as of March 31,
1995.
A$750,000 FHLB was purchased on March 2, 1995 with a yield of
6.749% maturing on August 2, 1996. A$750,000 FHLMC was purchased
on March 27, 1995 with a yield of 6.789% maturing on August 23,
1996. A$1,000,000 FHLMC was purchased on March 17, 1995 with a
yield of 6.200$ maturing on August 2, 1995. A$350,000 FHLB was purchased on March 27, 1995 with-a yield of 6.370% maturing on
January 16, 1996. Also, a$700,000 FHLB was purchased on March 31,
1995 with a yield of 6.600$ maturing on May 10, 1996.
The estimated average yield for the debt service fund was 5.82$ and
6.51$ for the pooled cash fund. Currently the yield curve for 3
months, 6 months, and 1 year are 5.70%, 5.82%, and 5.99%
respectively.
Please call me if you have any questions.
' Touvn of Vail, Colorado
Investment Report
Summary of Accounts and Investments
For the Month Ending IViarch 31, 1995
Balances Percentage
03/31/95 of Total
Money Market Accounts (see page 1)
Commercial Banks $2,665,600 14.59%
Money Market Funds $160,138 0.88%
To4ai $2,825,738 15.47%
. Commercial Savings
Banks & Loans
Certificates of Deposit (see page 2)
Eagle County Institutions 0.00%
Other Colorado Institutions $198,000 $198,000 1.08%
National lnsti4utions 0.00%
Total $198, 000 $198,000 1.08%
Percentage of Portfolio in Savings & Loans 0.00%
U.S. Government Securities (see page 3)
Treasury Notes & Bills . $5,773,389 31.60%
GNMA's $77,783 0.43%
U.S. Savings Bonds $28,117 0.15%
Federat Agency Discount Notes & Bonds $9,365,220 51.27%
Total $15,244,509 83.45%
Total Portfolio $18,268,247 100.00%
Maturing Wi4hin 12 Months . $15,355,445 84.06%
Maturing Within 24 Months $1,910,650 10.46%
Maturing After 24 Months $1,002,152 5.48%
$18,268,247 100.00%
4/17/95
invsmjlp
s
Money fVlarket Accounts
p as of March 31, 1995
--For the Month of March--
Institution Balances
Type of Accounts High Low Average 03/31/95
COMMERCIAL BANK ACCOUNTS .
First Bank of Vail - Operating ,
Interest 5.716% 5.233% 5.446%
Balance $3,941,636 $2,471,513 $2,919,099 $2,660,468
First Bank of Vail - Insurance
~ Interest 5.716% 5.233% 5.446%
Balance $1,066
Colorado National Bank Super Now Account
Interest 3.250%
General Operating Account
Balance $4,066
Total Commercial Bank Accounts $2,665,600
MONEY MAR6(ET FUiVDS
First American Corp. Trust Treasury Fund Bond Reserve
Interest 5.442%
Balance $51,003
First American Institutional Govt Fund - Dana Investments
Interest 5.693%
Balance $103,446
Fidelity Investment Government Money Market Accounts
Interest 5.620%
Bond, Issue Reserve Account
Balance $5,689
Total Money fVlarket Funds $160,138
Total all accounts $2,825,738
~
"Account Subject to Arbitrage Rebate
4/17/95
invmmjlp Page 1
° o -
Certificates of Deposit
` as of April 30, 1995
Bank IVame, Location Days to
Rates Purchase Maturity Maturity IViaturity
Ins Coupon Yield Date Date at Purchase Value
BestBank, Thornton Colorado
FDIC 7.250% 16-Feb-95 16-Feb-97 658 $99,000
Bank of Greeley, Greeley Colorado
FDIC 5.000% 5.120% 16-Jun-94 16-Jun-95 47 $99,000
-
Avg Yield 6.185% $198,000
4/12/95
invcdjlp Page 2
4
e - -
d •
Government Securities
as of March 31, 1995
"'Treasury Notes & Bills•"
Days to Days
Interest Rate Purchase Maturity Maturity to Book Par
Type Fund Coupon Yield Date Date at Purchase Maturity Value Value
TNote Pooled 4.250°,6 ~ 4.340°,6 17-May-93 15-May-96 1094 ~Y 411 $499,483 ~ $500,000
TNote Pooled 3.875% 6.009°,6 13-Oct-94 31-Oct-95 383 214 $790,425 $800,000
TNote Pooled 6.500°,6 6.553°,6 13-Oct-94 30-Sep-96 718 549 $499,626 $500,000 •
TNote Debt Service 5.605% 07-Ju1-94 15=Nov-95 496 229 $1,346,108 $1,350,000
TBill Pooled 6.180°,b 17-Nov-94 27-Ju1-95 252 118 $980,520 $1,000,000
TNote Pooled 6.858% 05-Dec-94 30-Sep-95 299 183 $985,657 $1,000,000
Zero Pooled 7.820°.G 21-Jun-91 15-Nov-95 1608 229 $671,570 $700,000
Average Yield 6.20% ~ $5,773,389 ~ $5,850,000
Average Days to Maturity 276
"'GNAflA'S"•
Years to Estimated
Interest Rate Purchase Maturity Maturity Years to Principal
Pool Coupon Yield Date Date at Purchase Maturity Outstanding
-
5803 8.000°.5 8.480% 14-Nov-86 15-Oct-05 19.10 11.00 $26,044
13003 8.000°h 9.500°.6 24-Oct-86 15-Oct-06 20.20 12,00 $22,473
14659 8.000°,6 9.200% 24-Oct-86 15-Jan-07 21.20 13.00 $29,266
Avg Yield 9.046°,6 $77,783
"'U.S. Savings Bonds"'
Years to
Issue Maturity Maturity Years to Book Maturity
Series Yieid Date Date at Purchase Maturity Value Value
EE 7.170% 01-Oct-86 01-Oct-96 10.00 1.51 $28,117 $30,000
"`Federal Agency Discount Notes & Bonds"'
Days/Years to Interest Rate Purchase Maturity Maturity Years to Book Maturity
Agency Fund Coupon Yield Date Date at Purchase Maturity Value Value .
-
SBA Pooled - Dana 9.225% 26-May-94 25-Mar-2008 13.8 13.0 $104,510 $109,734
FHLM Pooled - Dana 8.352°.6 28-Jun-94 01-Mar-2019 24.7 23.9 $61,391 $66,355
FNMA Pooled - Dana 7.466% 28-Jun-94 01-Oct-2017 23.3 22.5 $88,046 $97,572
FNMA Pooled - Dana 8.305% 29-Jun-94 01-Jun-2014 19.9 19.2 $91,667 $110,531
SBA Pooled - Dana 9.725°,6 29-Jun-94 25-Feb-2008 13.7 12.9 $78,391 $82,749
SBA Pooled - Dana 8.975% 29-Jun-94 25-Jun-2019 25.0 24.3 $105,277 $108,523
SBA Pooled - Dana 9.725°,6 18-Aug-94 25-Ju1-2008 13.9 13.3 $102,334 $109,875
SBA Pooled - Dana 9.725% 29-Jun-94 25-Jan-2008 13.6 12.8 $103,169 $110,088
FNMA Pooled - Dana 7.128°h 27-May-94 01-May-2020 25.9 25.1 $83,772 $100,577
SBA Pooled - Dana 9.225% 12-Ju1-94 25-Jun-2019 25.0 24.3 $105,812 $108,744
FNMA Debt Service 6.912°,6 27-Feb-95 17-Jan-97 1.9 1:8 $284,424 $280,000
FNMA Pooled 6.512°.6 22-Feb-95 17-Nov-95 268.0 Days $480,283 $500,000
FHLMC Pooled 6.062°,6 22-Feb-95 24-May-95 91.0 Days $693,892 $700.000
FHLB P0018d 6.749% 02-Mar-95 02-AUg-96 1.4 1.3 $755,989 $750,000
FHLMC Pooled 6.789% 27-Mar-95 23-Aug-96 1.4 1.4 $733,371 $750,000
FHLMC Pooled 6.200% 17-Mar-95 02-Aug-95 138.0 Days $979,274 $1,000,000
FHLB Pooled 6.370% 27-Mar-95 16-Jan-96 295.0 Days $333,017 $350,000
FHLB Pooled 6.600% 31-Mar-95 10-May-96 1.1 1.1 $700,220 $700,000
FHLB Pooled 6.808°,6 05-Dec-94 04-Aug-95 242.0 Days $995,265 $1,000,000
FHLB Pooled 6.412°,6 26-Jan-95 26-Jun-95 151.0 Days $985,116 $1,000,000
FFC Pooled 6.150% 01-Dec-94 01-Jun-95 182.0 Days $1,000,000 $1,000,000
FHLM Pooled 4.560°,6 4.560% 03-Jun-93 03-Jun-96 3.0 1.2 $500,000 $500,000
$9,365,220 ~$9,534,748
Averege Yield 5.53%
Average Years to Maturity 9 Total $15,244,509
4/17l95
invtrjlp Page 3
TOUVN COUiVCIL COMMITTEE/TASK FORCE APPOINTA/IENTS
TO: Towrn Council
FR: Pam Brandmeyer
DA: April 14, 1995
RE: Committee/Task Force Aqpointments
This is a list of all committees/task forces to which Council members have been appointed or for
which they have volunteered. It is my understanding that all assignments run to the next Regular
Municipal Election, November 1995.
COMMITTEE/TASK FORCE COUNCIL MEMBERS
1. NWCCOG Tom Stein'berg
Sybill Navas, alternate
2. Vail Valley Tourism & Jan Strauch
& Convention Bureau Jim Shearer, alternate
(formerly VRA)
3. Vail Transportation and Sybill Navas
Parking Task Force Peggy Osterfoss
4. CAST Jim Shearer
Merv Lapin, alternate
5. VRD/Council Subcommittee Merv Lapin Ken Wilson
Paul Johnston Ross Davis
6. Art in Public Places Committee Jan Strauch
7. Special Events Committee Sybill Navas
8. Bravo! Colorado Board Merv Lapin
Sybill Navas
9. NWCCOG Water Quality/ Tom Steinberg
Quantity Committee Sybill Mavas, apprentice
10. Avon-Beaver Creek-Vail Regional Peggy Osterfoss
Transportation Committee Tom Steinberg
11. Eagle County Recreation Merv Lapin
Authority Paul Johnston, alternate
12. Town of Vail Housing Authority Peggy Osterfoss
Jim Shearer, alternate
13. Channel 5 Board
14. VIP Quality Council Member Peggy Osterfoss
15. VIP Steering Committee Members Merv Lapin
Paul Johnston
16. Open Lands Committee Members Tom Steinberg
Peggy Osterfoss
17. Vail Valley Arts Council Jim Shearer
18. CAST - Colo. Tourism Advisory Jim Shearer
Board Council Merv Lapin, afternate
19. West Vail ANaster Plan Peggy Osterfoss
(Vail Commons)
20. Mauri Nottingham Environmental Tom Steinberg
Award
21. Lodge at Vail Land Swap Merv Lapin
Paul Johnston
Bob McLaurin
22. Nail Nalley Exchange Peggy Ostertoss
Merv Lapin
C:\TCAPPTS.LST
ArR 14 '95 13:47 TIMBERLINE_CORP__ 307-733-1465 P.2
Vn:IAGE CEN'I'ER Q:OMM.ERCIA1L
45 Sxn..nNE
JacKsoN, WY 83001
(307) 733-7327
, Fax:(307) 733-1.465
April 14, 9995
George Reutlter
'Cown of Vai!
Office af Communi#y Oevelopment
75 ~ouch Frentagb R~d
Vail, CO 89667 Dear George, _ a
. Due ta fiime cons#rain4s and the upcoming summer-tourist season wre will not procceed
with the !li11age Center upgeade - remadel prajec4.
lwould like 4o thank you and the res4 of the staif alortg with the planning commission for
supporting 4his projec4,
Very T'ruly ltours,
~
FP~d HIbbePd
dd
e4
7f'OWN OF VAIL
75 South Frontage lzoad
Vail, Colorado 81657
970 479-2100
FAX-970-479-2157
FOR 9nAnAEDIATE RELEASE
April 13, 1995
Contact: Holly McCutcheon, 479-2136
Town Clerk
APPLICANTS SOUGHT FOR LOCAL LICEIVSBIVC AUTFIORITY
(vail)--The Town of vail is taking applications for positions on the Local Licensing
Authority (I.LA). Applications for the two-year terms are due Thursday, May 11, with
final selection by the Town Council May 16.
Three positions are available on the LLA. All are voluntary positions and require
members to be registered voters within the Town of vail, have resided in the Touvn
of Vail for not less than two years preceding appointment, and shall have no direct
financial interest in any license to sell alcoholic beverages or any location having any
such license.
Duties of the five-member board include review of all Town of vail liquor
license applications. The LLA meets the second Wednesday of each month. Meetings
normally begin at 10:00 a.m. in the Vail Municipal Building, Council Chambers.
The terms of Bill Bishop, Linda Fried and Davey Wilson are due to expire June
1. Newly-appointed members will join Liz Pickett and Don White on the LLA.
Persons interested in serving on the board should submit letters of interest
to the Town of vail Town Clerk's Office at 75 S. Frontage Road, Vail, Colorado, 81657.
O
MOUNTAIN uOSI'ICE
I I INC.
P. O. Box 4432
Vail, CO 81658
April 8, 1995
Town of Vail
75 S. Frontage Road
Vail, CO 81657
Dear Friends:
On behalf of Mountain Hospice, I want to thank you for your donation to the
memorial fund of Abe Shapiro. Your gift of $200.00 will be used in the
service of hospice patients in the future: We will notify Mrs. Shapiro and
Ken Shapiro of your support.
You may have seen the following notice from the Shapiro's in the Vail Dailv:
Sylvia Shapiro and family would like to thank 'everyone for their
cards, donations, phone calls, etc. We couldn't possibly thank all of
you personally for your warm and loving kindness. Again, thank
you. SYLVIA
Cordially yours,
Ruth Walker
Hospice Manager
ti
?
X C : C,ot~t~u.e- ~
o - ~ . . . t
~Va1l. .
V~~l Associates, 111co Creators and Operators of Vail and Beaver Creek'~ Resorts
April 6, 1995
Mrs. Peggy Osterfoss
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Dear Peggy,
Many thanks for the dinner the Town of Vail hosted at La Tour
restaurant for our friends from the 3 Valleese Although your
presence was missed, Jan and Paul were wonderful representatives.
The French group left this morning, happy with Vail and Colorado.
Best regards,
Sincerely,
Pete Seibert
Post Office Box 70 Vail, Colorado 81658 o USA -(303) 476-5601