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HomeMy WebLinkAbout1996-06-18 Support Documentation Town Council Evening Session ~ VAIL TOWN COUiVCIL EVENING MEETING TUESDAV, Jl1NE 18, 9996 7:30 P.M. VN TO!! COUfdCIL CHAMBE12S AGEIVDA 1. SPECIAL. RECOGNITION FOR BUDDY LAZIER. A. Resolution No. 9, Series of 1996, a resolution honoring Buddy Lazier 1996 Indianapolis 500 Champion. 2. CITIZEN PARTICIPATIOiV. 3. Ordinance No. 13, Series of 1996, first reading of an 1996, an Ordinance Amending Title 16 Signs, Chapters 16.12 (Administrative Procedure), 16.20.010 (Designated), 16.20 (Sign Categories), and 16.22 (Sign Categories for CC3 Zone District and ABD Zone District); Providing for the Reorganization and Clarification of the Sign Regulations of the Vail Municipal Code. 4. Ordinance No. 12, Series of 1996, second reading of an ordinance creating Section 17.32.050, Plat Title Formats, and amending Section 17.16.130, Final Plat-reauirements and procedure of the Town of Vail Municipal Code. 5. Resolution Rlo. 10, Series of 1996, a resolution to adopt the procedure to petition the Town of Vail Local Licensing Authority for permission to pay a fine in lieu of retail liquor license suspension. 6. Resolution iVo. 11, Series of 1996, a resolution authorizing the Town Manager to enter into a contract to purchase of Lot 34, Buffehr Creek Subdivision. 7. Tovvn fVianager's Report. 8. Adjournment. NOTE UPCOfllIING flAEETIIVG START TBAAES BELOW: (ALL T1MES ARE APPROXIMATE AND SUBJECT TO CHANGE) I I I I I I I 7HE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 6/25/96, BEGINNING AT 2:00 P.AA IN TOV COUNCIL CHAflABERS. THE FOLLOWING VAIL T'OWRI COUIVCIL FtEGUL,4R WORK SESSIOFd WILL BE ON 7'UESDAY, 7/2/96, BEGINNIIVG AT 2:00 P.M IN TOV COUNCIL CHAMBERS. TfliE NEXT VAIL 70VVIV COUNCIL REGULAR E!lEIVING NIEETIRIG WILL BE ON TUESDAY, 7/2/96, BEGIIVNIIVG AT 7:30 P.M IN TOV COUNCIL CHANIBERS. I I I I I I I Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. C:WGENDA.TC . ~ !lAIL TOWN COl9NC6L EVENING-MEETING TIDESDAY, 3UNE 18, 1996 7:30 P.M. BN TO!! COUNCBL CHIAMBERS EXPANDED ACENDA 7:30 P.M. 1. SPECIAL RECOGNITION FOR BUDDY LAZIER. A. Resolution iVo. 9, Series of 1996, a resolution hononng Buddy Lazier 1996 Indianapolis 500 Champion. 7:40 P.M. 2. CITIZEN PARTICIPATION. 7:45 P.M. 3. Ordinance Rlo. 13, Series of 1996, first reading of an Ordinance Amending Dominic Mauriello Title 16 Signs, Chapters 16.12 (Administrative Procedure), 16.20.010 (Designated), 16.20 (Sign Categories), and 16.22 (Sign Categories for CC3 Zone District and ABD Zone District); Providing for the Reorganization and Clarification of the Sign Regulations of the Vail Nlunicipal Code. ACTIOIV REQUESTED OF COUIVCIL: Reviewr and discuss Ordinance No.13, Series of 1996. BACKGROUIVD RATIO(VALE: Over the years, the Sign Code has been amended and zoning districts have been added to the Zoning Code, which have not been reflected in the Sign Code. This has created some inconsistencies within the Sign Code. In order to correct these inconsistencies and create a Sign Code which is easier to read and understand, staff is proposing to reorganize the code. The amendments and reorganization are accomplished with minor changes to the substance of specific sign regulations or definitions. The proposed changes include: 1. Addition of zoning districts not currently reflected in the Sign Code by the creation of a table which shows all of the zoning districts and wrhich signs are allowed in each district. 2. Changes were. made to specific sign categories, in order to be consistent uvith recent changes to the Sign Code that were approved by Town Council on April 2, 1996. The changes include revising language that required Design Revievv Board approval for signs over 5 sq. ft. in size, in order to allow staff approval. 3. Amendment of the regulations for Temporary Site Development Signs to allow for a development sign on all residential properties under construction. This was proposed based on a request by Bill Anderson and on the fact that the way the regulations currently read, a single family or fiwo-family house in an SDD is allowed a sign, but houses in other zones are not. Staff believes the policy should treat like uses the same no matter what district they are located in. A letter from Bill Anderson regarding site development signs is included in the packet. The proposed temporary site development sign wrould be limited to 6 sq.ft. in size and the information on the sign uvould be limited to the project name, project address, the display of permits, and a site depiction/rendering. The Planning and Environmental Commission reviewed the proposal on May 20, 1996 and recommended approval (unanimously). The PEC amended the regulations for a Temporary Site Development Sign to allow a site depiction or rendering. There was discussion among the members of the PEC about the information allowed on a commercial sign of this nature. The / proposal leaves intact the ability of commercial or multiple family developments to display the names of real estate agents, contractors, architects, and developers in addition to that information allowed on a sign for a single family, two-family, or three-family development. A copy of the proposed changes are attached. Items that are stricken are being removed from the ordinance and text that is shaded indicates new text being added or zoning districts being added that are not presently part of the code. 8:05 P.M. 4. Ordinance No. 12, Series of 1996, second reading of an ordinance creating George Ruther Section 17.32.050, Plat Title Formats, and amending Sections 17.16.130C, Final Plat-requirements and procedure and 17.22.030, Condominium and Townhouse Plats-submittal requirements, of the Town of Vail Municipal Code. ACTION REQUESTED OF COUNCIL: Approve, modify, or deny, on second reading, the proposed amendments to Sections 17.16.130C and 17.22.030, and the creation of Section 17.32.050, of the Town of Vail Municipal Code. BACKGROUND RATIONALE: The Community Development Department is proposing three amendments to Chapter 17, Subdivision Regulations and Construction Design Standards, of the Town of Vail Municipal Code. The amendments propose to include Plat Title Formats, as Section 17.32.050 and to amend Sections 17.16.130C, Final Plat-requirements and nrocedure and 17.22.030, Condominium and Townhouse Plats-submittal requirements. The purpose of the amendments are to define a standard format for plat titles in the Town of Vail and amend the requirements and procedure with regard thereto. It is staff's opinion that the creation of a standard format for all plat titles will reduce the inconsistency of plat titling which causes indexing and referencing problems for the Town of Vail and Eagle County. On April 22, 1996, the Planning and Environmental Commission voted unanimously (4-0) to recommend approval of the proposed amendments to Chapter 17 of the Town of Vail Municipal Code to the Town Council. A copy of the memorandum staff prepared for the Planning and Environmental Commission, dated April 22, 1996, has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends approval of the proposed amendments to Chapter 17 of the Town of Vail Municipal Code. It is staff's opinion that the proposed amendments, creating a standard format for all plats reviewed by the Town of Vail and setting forth subdivision plat requirements and procedures, will reduce the inconsistency of plat titling in the Town of Vail and Eagle County. 8:10 P.M. 5. Resolution No. 10, Series of 1996, a resolution to adopt the procedure to Tom Moorhead petition the Town of Vail Local Licensing Authority for permission to pay a fine in lieu of retail liquor license suspension. ACTION REQUESTED OF COUNCIL: Consider adoption of the provisions of Section 12-46-107 and Section 12-47-110, Suspension or Revocation- Fines as set forth in the Colorado Revised Statutes. BACKGROUND RATIONALE: The Colorado Liquor and Beer Codes set forth a procedure for a licensee who has been ordered by decision of the Local Licensing Authority to experience a retail license suspension for 14 days or less to petition the Local Licensing Authority to pay a fine in lieu of such suspension. It is necessary for the Town of Vail to accept and adopt the optional procedures before the Local Licensing Authority can consider such petition. Sections 12-46-107 and 12-47-110 Suspension or Revocation - Fines is attached hereto. STAFF RECOMMENDATION: To adopt Resolution No. 10, Series of 1996. d' 8:40 P.M. 6. Resolution No. 11, Series of 1996, a resolution authorizing the Town Tom Moorhead Manager to enter into a contract to purchase of Lot 34, Buffehr Creek Todd Oppenheimer Subdivision. ACTIOiV REQUESTED OF COUNCIL: Approve/deny/modify Resolution No. 11, Series of 1996. BACKGROUIVD RATIONALE: Lot 34 of the Buffehr Creek Subdivision has been previously identified on the Town of Vail Comprehensive Open Lands Plan as a high priority action for providing access to Buffehr Creek Park from Chamonix Lane and to allow for further expansion of Buffehr Creek Park for active recreation. The attached Resolution, while reciting the general purpose for the purchase of the land, specifically provides that the land is not restricted for any particular purpose and that it can be used for any purpose consistent with present or future zoning and could be sold or . leased. STAFF RECOMNiENDATION: Approve Resolution No. 11, Series of 1996. 9:10 P.M. 7. Tovvn Manager's Report. 9:15 P.M. 8. Adjournment. NOTE UPCOflAIPVG flAEET6NG STA?RT TIAAES BEL.OW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) I I I I I I I THE YVEX7!lAIL TOVVN COUNCIL REGULAR WORK SESSION !filILL BE OPB TUESDAY, 6/25/96, BEGINNIIVG AT 2:00 P.M. BN TOV COUIVCIL CiiAl1ABERS. THE FOLLOWING !lAIL T'OWN COUNCIL REGULAR WORK SESSION WILL BE OPd YUESDAY, 1/2/96, BEGIh1NING AT 2:00 P.M. IiV TO!! COUNCIL CHAMBERS. THE NEX'T VAIL 70WN COUNCIL I2EGULAR EVENING MEETING !fillLL BE ORI TUESDAY, 7/2/96, BEGIiVNIIVC A?7 7:30 P.M. IN TO!/ COUNCIL CHAMBERS. I I I I I I I Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. C:WGENDA.TCE ~ r MEAAORANDIIM TO: Vail Tov+rn Council FROM: Community Development Department DATE: June 18, 1996 SUBJECT: Parking pay-in-lieu fees - 0. BACKGROUND ON THE PARI(ING PAY-IN-LeEU FEE The provision for paying-in-lieu of providing parking on-site was first adopted by the Town of Vail in 1978 (Ordinance No. 13, Series of 1978). The purpose of this ordinance was to insure that private development shared in the responsibility of providing parking in both the Vail Village and Lionshead areas uvhile preserving the pedestrian atmosphere in these core areas. This program requires payment into the parking fund to meet the parking requirements for new and expanded developments "in-lieu-of' providing parking on-site. It should be noted that once public parking spaces are constructed by the Town, they are not reserved for those who have "paid-in-lieu" for them. Parking structure users continue to pay to use the spaces through annual parking passes or hourly rates. According to Ordinance No. 13, Series of 1978, monies paid into the Town's parking fund shall be used for the following: • Conducting parking studies or evaluations; * Construction of parking facilities; * Maintenance of parking facilities; ' F'ayment of bonds or other indebtedness for parking facilities; and ° Administrative services relating to parking. An analysis of the Town's parking revenues from the pay-in-lieu program, dating back to 1979, is attached to this memorandum as Exhibit A. In summary, since 1979, a total of $785,542 has been paid into the fund. Additionally, $140,649 is to be paid to theTown in future years (from those developers who chose the 5-year payment plan). Overall, staff estimates that approximately 128 parking spaces have been "purchased" since the inception of the pay-in-lieu program. 90. FEE HI5TORY The parking pay-in-lieu fees have been gradually increased since the original ordinance was apprc?ved in 1978 and set the minimum pay-in-lieu fee at $1,000. Begining in 1979, the fee was assessed at $5,000 per space. This was later changed to $5,000 per space for dvuelling units or accommodation units, and $3,000 per space for other uses (retail, restaurant, etc.). In 1991, the Town Council approved an ordinance increasing the pay- in-lieu fee to $8,000 per space, regardless of the use. A provision was added at that time f:\everyone\councilMemos\payinlie.417 ~ : which required that the fee be automaticaily increased every two years by the percentage of the Consumer Price Index (CPI) for the City of Denver. In 1994, the parking pay-in-lieu fee was increased to $15,000 per space, and a provision was added thereby automatically increasing this fee on an annual basis (based upon the percentage of the CPI for the City of Denver). As adjusted for the CPI, the parking fee for 1995 was set at $15,660.00. Currently, for 1996, the parEcing fee is assessed at $16,333.38 per parking space. III. FURTHER BAC6CGROUND Staff has completed an historical review of the ordinances relating to the parking pay-in- lieu program and the following outline summarizes the "philosophical perspective" of this program as reflected in the ordinances over the years: • Over time, the incremental increase in development within the Commercial Core I and Commercial Core II areas will result in an incremental increase in the parking demand. • The development community (private sector) shall be responsible for bearing a portion of the responsibility of this increase in demand. • The premise of discouraging additional vehicle trips into the core areas of Vail shall be encouraged in order to maintain the pedestrian experience. This principal is set forth in many of the Town's adopted Master Plans. • Since its initiation, the pay-in-lieu program has essentially subsidized private development. The pay-in-lieu fees charged for parking spaces do not accurately reflect the costs of constructing structured parking spaces. The Town Engineer currently estimates that the cost to construct structured parking spaces ranges from approximately $15,000 to $30,000 per space (exclusive of land costs). f:\everyone\council4nemos\payinlie.417 Exhabst A Pay-ir~-Lceaa Revenue 1979: $64,000 1980: $ 6,000 1981: $ 0 1982: $18,243 1983: $37,334 1984: $ 0 1985: $75,128 1986: $98,357 1987: $64,399 1988: $63,664 1989: $50,023 1990: $53,759 1991: $16,910 1992: $28,644 1993: $59,461 1994: $47,483 1995: 1 1 7 T04a9: $785,542 f:\everyone\councilMemas\payinlie.417 ~ E , Greg Moffet stated, for 4he record, that Jim Curnutte vuiil be sorely missed. 7. ` A request for a Sign Code Amendment to allow for an amendment and reorganizafion of Title 16, Signs, Chapters 16.20 (Sign Categories) and 16.22 (Sign Categories for the CC3 and ABD Zone DistricYs). Applicant: . . Town of Vail. Planner:. . - Dominic Mauriello . . _ , Dominic Mauriello gave an overview of the memo. He explained that there was only one substantive chRnge to the temporary development sign. He did present the board with a letter from Bill Anderson who 4hinks a contact person and phone number should be on all temporary . development signs. He feels we should limit the size of signs and not deal with the verbiage. Galen Aasland said that on page 18, Yhe information that is required is public information and should be allowed on the sign and the information should be consistent on all temporary site development signs. Greg Amsden agrees with Galen. It seems a mixed message. Wenry Pratt has similar feelings. It is not fair that multi-family zones can have development signs and not single-family zones. It becomes an enforcement issue that the Town cannot enforce. Larger projects should have a Real Estate Agenf listed. He was not in favor of a double s4andard. It shauld be allowed for both single-family or fwo-family with minimal information on the sign. Diane Golden had no comment. Gene Uselton asked Dominic if amending the sign code was an ongoing process? Dominic Mauriel(o said, yes, buf that this uvas the first step in the process of reworking the entire Design Review and sign code requirements. Gene Uselton asked if iY was premature to make changes Yo the code now. Dominic Mauriello said in 4he meantime we have to work with what we have. The idea with this revision is to make the sign code understandable and user-friendly. Mike Mollica said temporary development signs are very inconsistent. Gene Uselton agreed with Flenry's commenYs. Greg Moffet thought the name, address and permit should be displayed. It is not fair that a single family can't put a, sign in their yard. Lets level the playing field. He stated that he would like to strike Yhe reference to real estate agents, contractors, architects and developers from the commercial and multi-family signs. Mike Mollica said in the recenY past, the Town has allowed renderings on temporary developmenY signs in commercial areas. Is it your intention to do away with those? Planning and Environmental Commission ?VIinutes . - - - May 20, 1996 8 . ~ Greg Amsden said it is a good idea to leave pictures on the signs. _ Greg Moffet had no problem with a visual picture on the signs. He is of the opinion that real estate is such big business and should not be on signs, since you are able to pick up free newspapers with real estate ads. Dominic Mauriello confirmed that a display of permits and a rendering of a project could be on signs and we should amend the paragraph to clearly state that they are allowed. Henry Pratt asked if this is only for multi-family? Mike Mollica said we should be consistent in the way that anyone uses their sign. Greg Moffet asked if this is being recommended to go to Council? Dominic Mauriello stated that it was. Henry Pratt made a motion as presented by the staff memo with a minor change on page 18, at _ the top of paragraph 2 allowing renderings on temporary signs with the rest of the paragraph left intact. Greg Amsden seconded the motion. Dominic reiterated that the addition of allowing renderings was the onty change. The motion passed by a vote of 4-2, with Greg Moffet and Greg Amsden opposed. 100 East Block 5D, Vail Village 8. A requestMeadow DriveN la9e Itnn Plaza Pha~se II~I, Unit 1/1/ OLot On , 1 st Filing. Applicant: Tom Thornburg . - Planner: Lauren Waterton STAFF APPROVED 9. A request for a minor subdivision to change the property line between Lots 2 & 7, located at 2446 and 2450 Chamonix Lane/Lot 2, a resubdivision of Lots 8, 9 and 10, Block B, Vail Das Schone Fiting #1 and Lot 7, Block B, a resubdivision of Vail Das Schone, Filing #1. Applicant: Karen Scheidigger Planner: Jim Curnutte TABLED TO JUNE 24,1996 Greg Amsden made a motion to table item no.9. Henry Pratt seconded the motion. ' Plannmg and Fnvironmental Commission ' Minutes 9 May 20, 1996 - - - - - - ' Q Yt19AX s H E E 7 7C09 S11saI1 COririelly Dir6dtur ° Coiiununity Ucvclop-ment Frx N: 970-47k2452 subJcct: Pruject 5igi:zge Date. N1ay 15, 1996 PageBo 1 Dcar Susnn: ARer speakang vaz4h Uouiin:c ycsterday it appears Lh-,tl lliC ceviscd prc~jec4 sigti chnnge is nol what Randy and I had discussed. Il Secms lhat the prupuscd 1-cibiage has bcxn limited to projec:t naine ana address. T thnught a eontact person ~,-id hoae number would be appropriate if somewac ,mCClcd thtit infortna4ion pcr aps t e 'l'ownuf v,qil Fire, pfl ice, building dcpartmen;s, ctc, Also, uselul for deliverics if somcene is nue at dic job ei- nnyone who may need to contml ihc owaler oi person in charQe. 1 alsd bzlicvc Yhut th.c sign list a co.v:act persun cenceiz,:ng pulcntial sales informAticm. Does t+ mLlti- unit develoFer have more rights than a single lamily or primary-sccon ary eveloper? It is Iciy understanding thaY at the present time thk, iq :he r.i+sr ' U the s'1gn has brrn liuuted in size, 24"06", ty$ limit the verbiagc? Reinenzbcr 1hc sign is nllotived liom the st<irt nf the job until Z'.C.O.. t is tcn:purary. ' If the gaal of tho town is lu sitnplify 4hc rtg1113tion4 thcti why uot say - Prujec.t SignfigP is limiled to 24"06" for siugle fair'~ily and pri;?iarydsecondary residcncc'S. Let the sizs determine iho vgrbiagc! Sinccrely, ~ Z&~(~ ~ From :he desk of... $iil Andcrsan eiii Anaerson V~ce Precident Rer1c and Assodates, fnc. B~? P.O. Boz 4030 VaII, CO 81656 I:l:. DOt1MGLEIUflY1 570-Nr'1-9300 Fax: 479-21 59 Fax: 970-949.41.1t5 . Y~..- . 7 n'~ • n- rnci.ccric -ntt vu,t c~ ~ u r ~nCCN A V~aq T'~ Q? flaM QR-Q i-A'ET?J ~ ORDIPIANCE NO. 13 SePies of 1996 AN ORDINANCE AAAENDING TITLE 16 SIGNS, CHAPTERS 16.12 (ADMINISTRA'GIVE PROCEDURE),16.20.010 (DESIGNATED),16.20 (SIGN CATEGORIES), AND 16.22 (SICN CATEGORIES FOR CC3 ZONE DISTRICT AND ABD ZONE DISTRICI); PROVIDING FOR THE REORGANIZATION AND CLAFi1FICATION OF THE SIGN REGULATIOIdS OF THE VAIL MUNICIPAL CODE. WHEREAS, Chapters 16.20 and 16.22 provide sign categories and regulations in the sign code; and WHEREAS, the Town Council has expressed the desire to have regulations which are clearly written and easily understood; and WHEREAS, the current regulations pertaining to sign categories are unclear and inconsistent and where over time zoning districts have been added to the zoning ordinance but were not reflected in the sign code; and WMEREAS, the Planning and Environmental Commission of the Town of Vail has . recommended approval of this amendment to the Vail Municipal Code at their May 20, 1996 meeting; and WHEREAS, ttie Town Council considers it in the interest of the public health, safety, and welfare to amend said Chapter of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: [Note: Text wrhich is streekeR is being deleted and text which is ttWded is being added.] Section 1. Chapter 16.12, Section 16.12.020, of the Vail Municipal Code is hereby amended to remove the references to Section 16.22 as follows: . B. The administrator shall accept and review the properlycompleted sign application. The administrator will approve, conditionally approve, or reject the sign application based upon its conformance with this title as follows: 1) If the administrator determines that the sign application does not meet the design guidelines contained in Chapter 16.16 of this Title, and the technical requiremen4s, contained in Chapters 16.20-and-16r.22 of this Title, the administrator shall deny the application. Upon denial of an application by the administrator, based on lack of compliance with the technical requirements, the applicant may resubmit a modified application or file an application for a variance in accordance with Chapter 16.36 of this Title. Upon denial of the application by the administrator, based on the design guidelines, the applicant may resubmit a modified application or file an appeal with the Design Review Board in accordance with the procedures outlined in Chapter 16.08 of this Title. C. A sign program application shall be reviewed by the Design Review Board at its next regularly scheduled meeting in the presence of the applicant or his representative following a determination by the administrator that the application has been properly completed. The Design Review Board will approve, conditionally approve or reject the sign program application based upon its conformance with this Title and its aes`.hetic o , value as follows: 1) If the Design Review Board determines Yhat Yhe sign program application does not meet the design guidelines contained in Chapter 16.16 of this Title, and the technical requirements, contained in Chapters 16.20-an-ro of this Title, fhe Design Review Board-shall deny the application. Upon denial of an application by the Design Review Board, based on lack of compliance with the 4echnical requirements, the applicanf may resubmit a modified application or file an application for a variance in accordance with Chapter 16.36 of this Title. Upon denial of an application by the Design Review Board, based on the design guidelines, the applicant may resubmit a modified application or file an appeal uvifh the Town Council in accordance with the procedures outlined in Chapter 16.08 of this Title. Section 2. Chapter 16.20 ofi the Vail Municipal Code is hereby repealed and reenacted to read as follows: Chapter 16.20 SIGN-V;::CA7[['EGORIES CT~~. Sectnons: 16.20.010 ~~ns permi~ 13~tr.~ ~m ca ~gWat~~ns for alizon~~g d~s.ctr ~rcep0 ~B~a .04D: ~ ~~~arl~s urid regWotfons;fflr ~C3 ~an~ ~B ~ . . , pennam ~ 16. . , . Bufldhtr. ~asi~ss~e: ' K.H.-220 ~'$~ifinv"ov oipv. Il6.20.010 4A.iiiai~n . T#ii~ :;:<::>::::>;<»:>:>:>: sex~rnrc ~pec~~i~s ~9~±va~e s~~s ~or eac1~ ~cm~g ~t,;;'~;~e.pur~vse, s.~t, ~6e~, lcx~tta~ 2 ~I I I ! d~gn~ ~d ~pmg ~~e~ts, a~d s~ec~a~ pr+. ~~c~ ~ .e<~#'s.gu ~ l~s~ai ~n S~nd ~fi 020 a~~ ~ect€oa I~ ~Q ~3300,r ~G3 ZoNng Districts Stgns allowed in the indkated mning dtstrictc subJect to the purpose statement for eac6 sign and subJect to the corresponding reguladons for each sign. CCl(Commercial Core 1) Accent lighting CG'Z (Commerclal Core 2) Building identification signs' CSC(Commercial Servfce Center) Daily special boards , HS (Heavy Service) Display boxes PA (Public Accommodatlon) Flags, pennants, banners, and bunting HDMF (Hlgh-Density Muldple- Freestanding sips - Joint directory sign for multi-tenant building* Famity) Freestanding signs - Single-business use* SB~i;($1ti :Baa~Recre~UeM Gas filled, illuminated and fiber oplic signs . . E'r~:{Ceq~rat::Us~ Murals and superBraPhics ; Political signs P~Fa~i~ig) Private no parking signs Projecting and hanging signs - Individual business within a multi-tenant building* kdd16:20:flZ@::;:::;f~::::::s. PmjectinB si~s- Single business use° ~ @slr70Rd: regu#~~nS) Projecting signs - Joint directory signs for multi-tenant building• Projecting and hanging signs - Arcade• , Public information signs Residential nameplate signs Sign program Subdivision entrance signs Temporary site development signs Traffic-control signs for private property Wall signs - Joint directory signs for a multi-tenant building' Wall signs - Single-business use• Wall signs - Arcade' Wall signs - Individual business within a multi-tenant building• Window signs Other temporary signs:pei':(.~i;Aitat::lb<24 gR;{Hil3slde;Resltleittl4t) Accent lighting 5Fk:(ftkI?ariElly'Restderi~O Murals and supcrgraphics , 1~;~T~i!v=Tatp[EIyRe3E~lea~alj Political signs PJS(P[1isi~rylSec@edPrivate no parking signs 1W(Res[t~p;twlQnstei') Public information signs ' (See:;:::;~eei#uit::::: 16:20;R126`;[itr::::;::e~ Residential nameplate signs pu~rpnse ~ud:r~guls~oniaj Subdivision entrance signs Temporary site development signs 4~i~;~(~tdv9r:;l~eiere~Yialt) Building identificalion signs ($Ce; ::;90"::::;':10[uFlags, pennants, banners, and bumting at.eiiis) • Murals and supergraphics Public information signs Traffic-control signs for private properry . : N~ (1'~~tilf'91 ~r~8 Pt~Ei~tPrivate no parking signs (~~e+2Public information signs 8tt4 ! eg~I8~i0#t5) Traffic-control signs for private property L ~I~~;;:;.o~:;::e~~*:.... a#E~le? Accent lighting I?s~a1ly) Building identification signs 1NDMI~:~Ie.#.ula:~epslty;~VjAit~p~~ Flags, pennants, banners, and btmting I?Gas filled, illuminated and fiber optic signs fars. lga Murals and supergraphics p 1 4Tpose anti rRgntefle~) Political signs Private no parking signs , Public information signs Residential nameplate signs Sign program Subdivision entrance signs Temporary site development signs 3 I Zoning HBisMcts Slgns allowed in the indkated mining dkbicls subject to the purpose statement for eac6 afgn and subject to the correspondfng regulatioos for each sign. CQ;3 (Coeoemercial Core 3) Accent lighting AB1D (Aeaerlal Business) Building identification signs° [5ce Se~ag ~~S.~iR.~3R €ar ~~i Daily special boards p81rl~Se;;~td::iCeg~il~qiggp~~ Display boxes Flags, pennants, banners, and bunting Freestanding signs - Single-business use° Freestanding signs - Joint directory sign for multi-tenant building° Gas filled, illuminated and fiber optic signs Murals and supergraphics _ Political signs Private no parking signs Projecting signs - Joint d'uectory signs for multi-tenant building° Pmjecting and hanging signs - lndividual business within a multi-tenant building° Projecting and hanging signs - Arcade° Public information signs Sign program Temporary site development signs Traffic-control signs fbr private property Wall signs - Single-business use° Wall signs - Arcade° Wall signs - Joint directory signs for a multi-tenant building°' ' Wall signs - Individual business within a multi-tenant building* Window signs Other temporary signs ~ier;'0iapter:;163~4 . DflD (Special DDevelopmenR IIBistrict) ~t acco~~ w;t~[[ fi}e u~t~erj ~asi~ n d tl~.use nf t~~ u ~8~ g . pmpe~y .~tes 1sr tists ~ng xu11be neu~aoitec3 ~+~'r.ca~farma~ce w~ii~ #he stgn cade ~ase~3 rn3 usea:ivcated i~ th~.;!cilpE~Y acaisxdac~ce.Vathlbe;e.la~ciqs an ~se sr~tenqe~ts:o€ sig~:cnp~ii. ~era~, °Wall signs, p%jectmg andhangmg signs, freestanding signs, or building identification signs or any combination thereof, shall not exceed the maximum combination of orae sign per vehicular street or major pedesfian way which the business abuts, with a maximtun of two signs. , ~fgm .a~~gr~td::~egu.~i~res ~or a~Tf ~t~ni~g clisrt~c~s:~eept~ and ~3~: This ciiapter concems those types of permanent and temporary signs requiring a sign application permit under the provisions of this title. This eMtp4er j~ctfo iii:further includes the purpose of each sign type., size, height, number, locati• . , on, design and landscaping reqiurements, and special provisions for each tyPe of sig!?.'7`#~~>-`+p far:a~1 s~gns ~~c~ fho~~ fhe ~ts; • , Freestmidiiig . , . , Peiide . , . , . , iitdividtvd , . . , ~ . te`-; . , . , . ~ Traffie ' . , S. iAl-aii n, .17. ~ -164 waii • • lovv , r'L . , • fiiied, , . _ 4 f i • Display . , f~qjcctizvg W'd bw mail iijowited Siglis tn ally C0111billation fit thcreofnot t excee the ina7dintmintrinbe, ot size of signs as desigtmtedby atiy one catcgoiy, C. f 1 ' ' C. ' (Ord. , . Ord. ~ 16.20.015 Accent lightireg. Accent lighting shall be reguiated by the following: A. Purpose. To illuminate display windows and/or merchandise; B. Location. Subject to the-appravaiefthe design review board pursuant to Chapter 16.16 of the Vail Municipal Code. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of the business and shall be located within.the interior of the building. C. Design. Subject to tht-approvai-of t}re design review board pursuant to Chapter 16.16 of the Vail Municipal Code. (Ord. 5(1993) § 11.) ca,~a & Wpbs6; 6 ~dz~tt~r th~ ~tam~s ttf~ ~wli~~ .r~at,cr , c: kd~h€, V«ll-a~ot~ted buiId~~ i~.1~on ~gns; NQ gwt afthe 6igwsha11 ex#end above cvv~y ~SV~ feet~roin ggratl,e Vr ~ie ~ate:hn~ crfa W~CRA'Yfi' #5 1~a5; fteesiAfiding buii~s .1-e~t~fi~t~tt~ stg~s: ; No part tht: m~hwi ex#~id a~bve ergtiif feet ~xsI wg g~ade; D. E: ~.n~tm, e~t~ W~lt~~ted. iu ~cees~and~~t~, ~ub~~~ #o desigt~ roavacw; ~ : Des~gh, Mbge~ tu ...gii Sp~~I3~ p~?O~S]fl,17s: A t0din.g 1f~~t1i~C~E)I'151~12 ~FbE:gi}t~Bi13~ 1S~~Ul~S r ~S~dtt#~g S1:g~i 511~1~ b113~t1~ :l1SC' . 21~:F1~dll ~33i~IDt..W~lIIl'~d1ll , ~i1I1~i~Ft1ri53 , ~[1~gOV£~71f~ 1~ .~}IPr ~,1iQYI430115 t]~: ~41 ~?l!~ ~t~!f2 ~4P S1U~t'rr~EtSf~E~S:l1S~: 16.20.025 IDaily special boards. Dai1y special boazds shall be permitted under the following: Purpose-to display the daily specials for a given iestittumit~ig ~x idri W - Mg;;~'I B. Size-no greater than thrac W::~4)::square feet. C. Height-no part of the daily special boazd shall extend above six feet from existing grade. D. Number sha11 be a.c follovjs: . . . 1. One daily special boazd per cli~~iig;~~~:~~::~rt shall be permitted. However, if a business has two consumer entcances on distinct, separate pedestrian ways, a second daily special board shall be allowed. E. Location, affixed to approved display box or attached to the front facade of the establishment. Lighting, none. Landscaping-no additional landscaping shall be required in addition to landscaping previously required for display boxes. 5 . I (Ord. 39(1988) § 1.) 46. . DispYay boxes. Display boxes shall be regulated by the following: A. Purpose, to display current menus, cuirent real estate listings or current entertainment; B. Size, no greater than five square feet; C. Height, no part of the display box shall extend above six feet from existing grade; D. IVumber shall be as follows: 1. Permitted, one display sign; 2. Conditional, if a business has two consumer entrances on distinct, separate pedestrian ways, a proposal for a second display box *W;:anay be approved~ bom- . The proposal shall conform to the other provisions of this section; E. Location, subject to s~em}-ofi 4~e design review ~attr~; F. Design, glass-enclosed display box, subject to 4he-app~re design review boxrd; G. Lighting, indirect; H. Landscaping shall be as follows: 1. A landscaped area of two square feet for each square foot of each side of a permanent freestanding display box may be required at the base of the box. 2. If landscaping is required a plan showing the landscaping must be submitted by the applicant 3. All landscaped azeas shall be maintained to town standards; 1. An area no lazger than 0.5 square feet may be used within the display box to identify fhe business. (Ord. 14(1982) § ld.g (part): Ord. 4(1975) § 2(I)(J): Ord. 9(1973) § 14(12),) *6720-*" FIlags, pennangs, banners and buntsng. Flags, pennants, banners and bunting shall be regulated as follows: A. Purpose, to control the proper display and maintenance of national, state, or official flags and the erection and maintenance of pennants, banners and bunting; B. Size shall be as follows: 1. Flags, subject to approival bq-tlre design review board, except national and state flags, which shall have praportions as prescribed by presidential declaration, 2. Pennants and banners, subject to approval by the administrator, subject ta~%.,View {yy-t}re design review boartL 3. Bunting, subject to approval by the administrator, subject to rcrievr-b~ design review board; C. Height, flag poles shall be a maximum height of thirty feet, 1. Flags shall have a minimum clearance of eight feet when projecting over public walkways; shall have a minimum clearance of fifteen feet when projecting over vehicular streets; when displayed on flag poles, a minimum of twenty feet from top of the pole to average grade, except for residential . . areas; projections over a public way <*0.: r~t:;t~i . Y~I±iCW. 2. Pennants shall have a minimum clearance of eight feet over pedestrian ways and fifteen feet over vehicular ways, . 3. Banners shall have a minimum clearance of eight feet over pedestrian ways and fifteen feet over vehicular ways; D. IVumber, subject to the approval of the adminislrator, subject to review-by-the d~ign review fioaed; E. Location, subject to the approval of the administrator, subject to revicw-bq-the design review board; F. Design, excepting official flags, shall be at the approval of the administrator, subject to review-by-the design review board; G. Lighting, indirect; . H. Landscaping, at the-Lfiaw'.~- siiw :;tv;:design review bowd; . 1. Special provisions shall be as follows: 1. Flags, et al, shall be maintained in a clean and undamaged condition. 2• Pennants, banneis and bunting referring to community events or activities will be allowed to be displayed for a period of no more than fourteen days. Cluistmas decorations are exempt from the 6me period, but must be removed when their condition has deteriorated so that they are not aesthetiC<'.l1y Applic2tjor1 w= stat.- v'h0 Wflj Ii .e Tespor,si;;.e for remava1. In the event the pennants, banners or bunting are not removed on the spccified date, written notice by certified mail will be given to the responsible person and the items will be removed by the town at the owner's expense. 3• Pennants that do not refer to community events or activities and aze for the purpose of advcrtising may be displayed as flags subject 40 4heappi mr-1 o' the design review-baard. 4. Banners; pennants, bunting or decorations of a temporary nature used for the purpose of promoting community activities shall be exempted from the application procedure described in ttus tide; 6owever, the written permission of the administrator must be obtained subject to revicov-by-the 6 design review box. 5. The display of national flags shall be governed by the standard rules ofintemational protocol. (Ord.9(1973) § 14(17). 16:29.049 Freestandiag signs-Toint directory signs for multi-tenant building. Freestanding signs, joint directory signs for a multi-tenant building shall be regulated as follows: A. Putpose, to list all tenants within a mulri-tenant building and to guide the pedestrian to an individual tenant within the building; B. Size, one square foot per tenant within the multi-tenant building, with a maximum azea of twenty-five square feet; C. Height, no part of the signs shall extend above eight feet from existing grade; D. Number, one sign per vehicular street or major pedestrian way which the business abuts, subject to the appmnabfthe design review bvm . If a building has two or more major public entrances on disdnct, separate pedestrian ways, proposals for additional joint-business directories may be approved atthe diszrction-ofthe sO~Ptt:t.~:design review bemd; , . E. Location, on the grounds of the building and adjacent to major pedestrian way which the building abuts, subject to design review bemd; F. Design, subject to thc-appreralofthe design review boar G. Lighting, indirect or pan-channeled; H. Landscaping shall be as follows: 1. A landscaped azea of two square feet for each square foot of each side of the sign shall be required at the base of the sign, with a minimum area to be landscaped of twenty-four square feet, in accordance with dooi "`~~ri~:~~:~;5t"t z~de> ~ . . . : . : ~ . . , 2. All landscaped areas shall be maintaincd to town standards as detennined by the administrator, subject to nrvierov-bpthe design review boxr, 3. A plan showing the landscaping must be submitted by the applicant at the time of application; 1. Special provisions, five squaze feet may be included in the freestanding joint directory sign for the purpose of identifying the building, in lieu of any other sign for the same purpose.. Joint directory signs must be kept current as determined by the administrator. (Ord. 14(1982) § lf, g(part): Ord. 13(1976) § 3(part): Ord. 9(1973) § 14(6).) 16.29.059 Freestanding signs-Single-business use. Freestanding signs, single-business use shall be regulated as follows: A. Purpose, to identify a business or organization being the sole business occupant within a building. The identification sign or signs for a business or organization may include the name of the business or organization and the general nature of the business conducted within or upon the premises. In no instance, however, shall the total portion of the sign describing the general nature of the business exceed 40 per cent of the total azea of each sign perinitted for this puipose. The description of the general nature of the business shall be incorporated into the sign or sign identifying the name of the business and should not exist as a sepazate sign; B. Size, one square foot for each five front lineal feet of building with a maximum azea of twenty square feet, i with a horizontal dimension no greater than ten feet. The size of a multi-paneled sign shall be determined by dividing the maximum size allowable by the number of panels. Combined maximum area for more than one sign shall not exceed twenty square feet; C. Height, no part of the sign shall extend above eight feet above existing grade; D. Number, one sign per vehicular street or major pedestrian way which the business abuts, as deternuned by the administrator, with a maximum of two signs, subject to reroYCw bythrdesign review beard; E. Location, on the grounds of the building and adjacent to major pedestrian way which the building abuts, subject to thcapprorai-afthe design review bow; F. Design, subject to design review board; G. Lighting, indirect or pan-channeled; H. Landscaping shall be as follows: 1. A landscaped azea of two square feet for each square foot of each side of the sign and supporting stcucture shall be required at the base of the sign, with a minimum area to be landscaped of twenty- four squaze feet in accordance with the .~i...ies • ~.P~'~ ord~noc; 2. All landscaped azeas shall be maintained to town standards as deternvned by the administrator, subject tareview~b}*thc design review bvard; 3. A plan showing the landscaping must be submitted by the applicant at the time of the application; 1. Special provisions, one wall or projecting or hanging sign per strcet or maj;,r pedestrian way permntted in place of one free-standing sign. (Ord. 14(1982) § 12, f, g, (part): Ord. 9(1973) § 14(5).) 7 . . Gas ffi91ed9 Moeragnaaed and fiber op¢ic sagns. Gas filled, illuirunated and fiber optic sigis shall be regulated by the following unless otherwise addressed within this title: A. Pucpose. To idf;ntify particulaz types of services, products or events; B. Location. Any sign located further than thirty-six inches from the window pane and visible from a public right of way sha11 be subject to 4be-approval-af-thE design review beard pursuant to Chapter 16.16 of the Vail Municipal Code. C. Design. Subjeck to 4he-a design review boad. D. Size: All gas filled, illuminated and fiber optic signs between five square feet and ten square feet in size and further than thirty-six inches from the window pane which aze visible from the public way shall be reviewed pursuant to this section. E. Special provisions. Gas filled, illuminated and fiber optic signs within the interior of the business and not considered to be a window sign which have a total accumulative squaze footage greater than ten square feet in size and which can be seen from any public way within the town shall be prohibited. (Ord. 5(1993) § 8.) - . . Murafls and saapergraplancs. Murals and supergraphics shall be regulated as follows: A. Purpose, to provide for decoration applied to building walls so as to enhance the appearance of the building's architectural character; B. Size, subject to 4he-ap design review board; C. Height shall not extend above the plate line of a building wall; D. Number, subject to the-aPprovaFof-the design review bow, ; E. Location, subject to thc-approraFaf-tile design review bowd; F. Design, subject t0-4he-spproval-~ design review board G. Lighting, indirect; H. Landscaping, s~tbje~t~Ea:design review boaed. (Ord. 9(1973) § 14(18).) 4&20.4% Il'olitisaA sagns. Political signs shall be regulated as follows: A. Pwpose, window or wall-mounted signs with the intended use of denoting a political campaign headquarters, paity affiliation, or advertising of a polirical figure or cause; B. The size of the sign shall be limited to twenty squaze feet. Combined maximum area for more than one sign shall be no largei• than twenty square feet; C. Height, subject to apprvvcul design review board; D. Alumber, one sign per veluculaz street or major pedestrian way which the business abuts, subject to the design review board• E. Location, subject to design review bowd; F. Design, subject to the-a he design review baRtd; G. Lighting, indirect: or pan-channeled; H. Landscaping, not: applicable; 1. Special provisions shall be as follows: 1. If the sign is to be up more than one .week, then the duration of the sign shall be determined by the design review board; 2. The sign must be taken down twenty-four hours after the election, cause or event for which it was erected h.as ternunated. (Ord. 14(1982) § lf(parf): Ord. 13(1976) § 4: Ord. 9(1973) § 14(21).) . . Prawage no paridng sigeas. Private no pazking signs shall not exceed two square feet in size. They shall have a brown background with white lettering which shall read as follows: PRIVA1{'E PARICING UNAU'THORIZED iEHICLES (Ord. 36 (1983)§ 3.) W~1L~ ~E TOR'ED aae' O'AW'R . . Pe'ogecting and hangang sagns-Arcade. Projecting and hamging signs, arcade shall be regulated as follows: A. Purpose, to identify a business or organization fronting on an azcade within a building having public access. The identification sign or signs for a business or organization may inc.ude the name of the business or organization and the general nature of the business conducted within or upon the premises. In no instance, however, shall the total portion of the sign describing the general nature of the business exceed 40 percent 8 of the total area of each sign pernutted for this purpose. The description of the general nature of the business shall be incorporated into the sign or sign idenrifying the name of the business and should not exist as a separate sign; B. Size, one square foot for each five front lineal feet of the individual business or organizarion, with a maximum area of five square feet. Combined maximum area for more than one sign shall not exceed five square feet; C. Height, minimum clearance of eight feet between the floor grade and the bottom of the sign. D. Number, one per business front on azcade, as deternuned by the administrator, with a maximum of two signs, subject to n~aie~r-bp-the design review boaT; E. Location, perpendicular to or hung from a projecting structural element of the exterior wall of the business front on arcade, subject to thcagprorx}-eft}ne design review imare}; F. Design, subject to thc-approval efthc design review board; G. Lighting, indirect or pan-channeled; H. Landscaping, johW46:design review-boae+d; 1. Special provisions, if more than one business fronts an azcade, then any business or organization requesting exterior signs shall be subject to the provisions of either the wall-mounted or freestanding joint directory signs found in this chapter (Ord 14(1982) § le(part): Ord.9(1973) § 14(10).) 16:20.996 Projecting and hanging signs-Individual business within a multi-tenant building. Projecting and hanging signs, individual business within a multi-tenant building shall be regulated as_. - follows: A. Purpose, to identify a business or organization which has its own exterior public entrance within a multi- tenant building. The identification sign or signs for a business or organization may include the name of the _ business or organization and the general nature of the business conducted within or upon the premises. In no instance, however, shall the total poction of the sign describing the general nature of the business exceed 40 per cent of the total azea of each sign permitted for this purpose. The descriprion of the general nature of the business shall be incorporated into the sign or sign identifying the name of the business and should not exist as a separate sign; B. Size, one square foot for each five front lineal feet of the individual business or organizadon having its own exterior public entrance in a multi-tenant building, with a maximum of ten square feet, and a minimum area of three square feet will be allowed if a business has insufficient frontage. The size of a multi-paneled sign - shall be determined by dividing the maximum size allowable by the number of panels. Combined maximum area for more than one sign shallnot exceed ten square feet; C. Height, minimum clearance of eight feet to bottom of sign above pedestrian ways and minimum clearance of fifteen feet to bottom of sign above vehicular ways. No part of the sign shall extend above twenty-five feet from existing grade; _ D. Number, one sign per vehiculaz street or major pedestrian way which the business abuts, as determined by the administrator with a maximum of two signs, subject to reniew bptlie design review boar~; E. Location, perpendiculaz to or hung from a projecting structural element of the exterior wall of the individual business or organization, adjacent to the street or major pedestrian way which the building abuts, subject to design review bom F. Design, subject to design review boxr~; - G. Lighting, indirect or pan-channeled; H. Landscaping, bject0;design review bettrd; 1. Special provisions shall be as follows: 1. A joint directory sign permitted subject to the provisions of this title; 2. A business or organization having a projecting or hanging sign is not excluded from participating in a joint directory, 3. In the case where a business or organization located above or below street level fronts direcdy onto an exterior balcony, deck, walkway, or stairway which is utilized as the businesses own entrance and for unrestricted public access and use, the allowable sign area for any sign to be located at that building level shall be based upon the portion of the business frontage which abuts directly upon the balcony, deck, walkway, or stairway, with a maximum size allowed not to exceed five square feet. A sign a: a maximum area of three Nuare feet shall be alle;wed fur businesses having _ insufficient frontage. If a business or organization located above or below ground level proposes a sign for a location or level of the building other than the level of its own unrestricted access, the sign shall be limited to a maximum size of three square feet. The level of the access shall be defined as the azea between the floor and ceiling of that level. (Ord. 14(1982) § ld-g (part): Ord. 9(1973) § 14(8).) 16.29.199 Projecting and hanging signs,Toint directory signs for a multi-tenant building. Projecting and hanging signs, joint directory signs for a multi-tenant building shall be regulated as follows: 9 J A. Purpose, to list all tenants within a multi-tenant building and to guide the pedestrian to an individual tenant within the buildang; B. Size, one square foot per tenant within the multi-tenant building, with a maximum azea of fifteen square feet• C. Height, minimuxn clearance of eight feet to bottom of sign above pedestrian ways, and minimum clearance of fifteen feet to bottom of sign above vehicular ways. No part of the sign shall extend above twenty-five . feet from existing grade. D. IVumber, one sign per vehicular street or major pedestrian way which the business abuts, subject to the design review baard. If a building has two or more major public entrances on distinct, separate pedestnian ways, proposals for additional joint-business directories may be approved atthc iscieti s~iiijMA`:tp~:design review board,#h;the proposal shall conform to other provisions of this secrion; E. Location, pecperidicular to or hung from a projecting structural element of the exterior wall adjacent to the street or major pedestrian way which the building abuts, subject to thc-appLoval 01""'N' design review beard; F. Design, subject to design review isoard; G. Lighting, indirect or pan-channeled; H. Landscaping, 0*~;design review beatd; 1. SUecial provisions shall be as follows: 1. All joint: directory signs must be kept current, 2. Five square feet may be included in a projecting or hanging joint directory sign for the purpose of identifying the building, in lieu of any other sign for the same purpose. (Ord, 14(1982) § lfm g(part): Ord. 13(1976) § 3(part): Ord. 9(1973) § 14(9).) . . Prejectang and 8aangang signs-Sang9e-baesiness aase. Projecting and hanging signs, single-business use shall be regulated as follows: A. Purpose, to identify a business or organization being the sole business occupant within a building. The identification sign or signs for a business or organization may include the name of the business or organization and the genera[ nature of the business conducted within or upon the premises. In no instance, he,wever, shall the total portion of the sign describing the general nature of the business exceed 40 percent of the total area caf each sign peimitted for this purpose. The description,of the general nature of the business shall be incorporated into the sign or sign identifying the name of the business and should not exist as a separate sigrn; B. Size shall not exreed one square foot for each five front lineal feet of the building, and a maximum azea of ten square feet for a single panel sign. On a multiple-panel sign, the size shall be calculated per panel. A maximum of three square feet will be allowed for a business having insufficient frontage. Combined maximum area far more than one sign shall not exceed twenty square feet. For the purposes of this secYion, panel shall be defined as two-sided piece of material within the same plane. A multiple-panel sign is considered separate pieces of material not within the same plane, but connected; C. Height, minimurra clearance of eight feet to bottom of sign above pedestrian ways, and minimum clearance of fifteen feet to bottom of sign above vehiculaz ways.. No part of the sign shall extend above twenty-five feet from existing grade on any building; D. IVumber, one sign per vehicular street or major pedestrian way which the business abuts, with a maximum of two signs as dcternuned by the administrator, subject to mview-by-the design review board; E. Location, perpencticular to or hung from a projecting structural element of the exterior wall adjacent to the street or major pedestrian way which the building abuts, subject to 4he-approva}01"the design review board; F. Design, subject to the-approvalofthe design review board; G. Lighting, indirect or pan-channeled; H. Landscaping, att} ~t:.. ~t`tO desi review 1. Special provisions shall be as follows: ~ 1• One wall sign or freestanding sign per slreet or major pedestrian way peimitted in place of one projecting or hanging sign, 2. In the case where a business or organization located above or below street level fronts directly onto an exteriar balcony, deck, walkway, or stairway which is utilized as the businesses own entrance and for unrestricted public access and use, the allowable sign are for any sign to be located at that building level shall be based upon the portion of the business frontage which abuts directly upon the Wpcony, de.^.k, WR!kW31y, p* sta1?w2y, N51tL' a:I:.'.7C1I;fi1.^.2 .-izc ;i;,< <o cAceed tive scluare feet. A sign of maximum area of three square feet shall be allowed for businesses having insufficieiit frontage. If a business or organization Iocated above or below ground level proposes a sign for a location or level of the building other than the level of its own unrestricted access, the sign shall be limited to a maximum size of three square feet. The level of the access shall be defined as the area between the floor and ceiling of that wall. = 3• An awning containing the name of the business may be substituted for one projecting or hanging sign. (Ord. 14(1982) § ld-g (pait); Ord. 13(1976) § 3(part): Ord. 9(1973) § 14(7).) 10 16.20.129 Public informadon signs. Public information signs shall be regulated as follows: A. Purpose, display board or kiosk with the intended use of locating posters, handouts and cards identifying community activities, special events and personal information; B. Size, the size of display boazds or kiosks shall be attlrc determindafim dur.g.Vftke design review C. Height, subject to thcappreval oftre design review betu D. Number, subject to design review bow-; E. Locarion, subject to design review board; F. Design, subject to ti design review beu G. Lighting, indirect or pan-channeled; H. Landscaping, 0*04.6 design review }toar 1. Special provision, the display board and kiosk types af signs shall be constructed, erected and maintained by the municipal govemment or with their pennission, (Ord. 9(1973) § 14(20).} 16.20.139 Residential nameplate signs. Residential nameplate signs shall be regulated as follows: A. Purpose, to identify a house, showing the family name and/or the home name and the address; B. Size shall not exceed one-half square foot per single-family or duplex structure or one-half square foot for each multi-family unit; C. Height, no part of the sign shall extend above eight feet from existing grade; D. Number, limited to one sign for each dwelling unit; . E. Location, site designation shall be atthc determin~datian s4*40>aFtlrc design review bow; F. Design, wall-mounted, or projecting or hanging, subject to appranttl ofthe design review baard. A freestanding sign may be used for a single-family or duplex dwelling structure; G. Lighting, indirect; H. Landscaping, ~W;tVdesign review baxrd; 1. Special provisions shall be as follows: 1. Joint directory nameplate signs must be kept current as determined by the administrator, 2. Nameplate signs in an HDMF zone shall be restricted to one wall-mounted sign per living unit in structures having two or more living units within its confines. Further, such structures may-have one exterior wall-mounted nameplate directory; provided, however, that the individual nameplates of the directory are of a standard design and size. (Ord. 14(1982) § lg (part): Ord. 13(1976) §(part): Ord. 9(1973) § 14(13).). 16.20.149 Sign Program. Sign program shall be regulated as follows: A. Purpose, the intent of the sign program is to encourage a comprehensive approach to the design, size, number, shape, color and placement of all signs pertaining to a particulaz development or building containing a business or group of businesses. The sign program allows for the possibility of innovative, unique approaches to signs; B. Size shall not exceed the maximum size requirements for each category of signs, subject to the apprapal of the design review bom~; C. Height shall not exceed the maximum height requirements for each category of signs, subject to the - design review boar ; D. Number, subject to the-appraval-aFthe design review boar E. Location, subject to thcapprovai-bfthe design review bmvd; F. Design, subject to design review boar~; G. Landscaping, subject to thcapp, bva!efthz design review boztr H. Lighting, indirect or pan-channeled; 1. Special provisions shall be as follows: 1. To qualify for the sign program, the applicant must present all existing, as well as proposed, signs for approval ; ` 2. In the case where the applir,ant wishes to «mend u preNzously granted sign program, hz may do so, but-all signs in the program will be reviewed in terms of the proposed addition. (Ord. 9(1973) § (19).) 16.20.159 Subdivision entrance signs. Subdivision entrance signs shall be regulated as follows: A. Purpose, to identify the entrance to a major subiivision, condominium complex, or group of apartment buildings having at lease 1001inear feet of frontage along a vehiculaz pedestrian way; B. Size, combined size of all-faces of multi-sided sign may not exceed twenty square feet; ll C. Height, no part of the sign shall extend above eight feet from existing grade; D. Number, limited to a maximum of one sign per major entry providing access to a subdivision. Fina) decision as to the determination of a major entry shall be at the discrerion of the administrator, subject to review by4he design review boaed; ~ E. , , , ?vfBhfF , , EF. Design, subject to design review beard; FG. Lighting, indirect or pan-channeled; C`rR Landscaping shall be as follows: 1. A landscaped area of two square feet for each square foot of each side of the sign and supporting structuru shall be required at the base of the sign, with a minimum azea to be landscaped of twenty- four square feet, 2. All landscaped areas shall be maintained to town standards, 3. A plan showing the landscaping must be submitted by the applicant at the time of application. (Ord. 14(1982) § ld, g(part): Ord. 9(1973) § 14(14).) *640.460 'II'eanporaey sige development sngns. Temporary site development signs shall be regulated as follows: A. Purpose, to indicate or identify development of real property under construction ' , , ese, , , B. Size;:Ior. fa~imly c~eue~opsnen~s ur i~Mt5. fhe shall not exceed-twenty ~~4j square feet, with a horizontal dimension no greater than ten feet. Fo~ . s~t~e~ ~'e~?it~en~i~t ~el~~ezi~ as .ngle famaly, Fnma€~'ls~, .ti~plex,.a~d#}rcefa~ily ~pe pz~, ~ sxg~ li ~at x f ~ ~4ua~ f~e~;: • , ; C. Height, the top of a freestmiding sign shall be no higher than eight feet from grade;.- ~=t D. Number, one sign per sife#;; ~ er. 'th J. ' E. Location shall be subject to tke-a design review board. A wall-mounted sign shall be placed pazallel to the exterior wall adjacent to the street or major pedestrian way which the building abuts and shall be subject to design review bow d; F. Design, subject to 4ke-approval ofthe design review board; G. Lighting, i ;noE;peMTte[i; H. Special provisions shall be as follows: 1. Temporary site development signs shall be removed within ten days after an ~fiWO of occupanncy p~4 is issued. The sign shall be permitted for a period ;t~i:~~~;of one year; 2. 'The information ermitted ori:tem orary P p site development signs d~eu~lvpa..Ok.or ~~'~~~~~~ts c~fc~at' Xmits or ~in~ is limited to project name, proJj addres~ t~ r~play ##`~ite,;;real estate agents, contractors, azchitects,arrd developersar~d.a~fi~ ~~t;o~rlx~tt.ea~ag. The area of the sign arsigns used for display of the information other than the ; project n~me ~.limited to 50 percent of the total area of tW:eaeh si gn.;'1`' . . . pe~'tCe~ hIW~W.ts~acc~rjrz ~p~ex and ~tre~ famz~y i~pe [~eve~apinectfi~ I' it~t~d t~, prit~ect riati~e, ~t i~ . ~ , aod:4ag: (Ord. 14(1982) § ld, f) g(part) Ord. 13(1976) § 3(part): Ord. 9(1973) § 14(15).) . . 'Il'ratfle-r,oeetro? sagns ffor private property. Traffic-control sip,ns for private property shall be regulated as follows: A. Purpose, to relieve vehicular and pedestrian traffic congestion and promote the safe and expedient flow and pazldng of traffic on private property; B. Size. All vehicular traffic control signs shall not exceed one square foot except for multi-purpose signs which shall not exceed four square feet and except for private parking signs which shall not exceed two square feet. All pedestrian yraffic control signs shall not exceed one square foot, except multi-purpose signs, which shall not exceed four squaze feet, subject to design review board. C. Height, no part of'the sign shall extend above six feet from existing grade; D. IVumber, subject to approraFef design review boar• ' , E. Location shall be 04e01'. 0.4' dby design review bead, with-a-~g approval from the town engineer for any sign placed adjacent to a public street or way; F. Design, subject to ap design review board; G. Li htin indirec ' g g~ t, to:design review $oad; H. Landscaping, s sub,j~t ko<design review board; 12 I. Special provisions shall be as follows: 1. May be either free-standing or wall-mounted, with same size requirements. 2. No individual sign will be approved unless it conforms to an overall sign program for the entire site, submitted by the applicant. 3. No sign shall contain any advertising, but may identify the owner by namc. (Ord. 36(1983) 1-2: Ord. 14 (1982) § lg (part): Ord. 9(1973) § 14(16).) 16.28.18~ Wall signs-Arcade. Wall signs, arcade shall be regulated as follows: A. Purpose, to identify a business or organization fronting on an arcacle within a building having public access; B. Size, one sign with a maximum area of three squaze feet; C. Height, to the top of the signs shall be no higher than eight feet above existing grade; D. Number, one per business front on an azcade, as determined by the administrator, subject to r+enitlwbptUe design review boar; E. Location, parallel to the exterior wall of the business front on an arcade, subject tothe appr°oval aftilc design review bexr F. Design, subject to design review bow G. Lighring, indirect or pan-channeled; _ H. Special provisions: 1. If more than one husiness fronts an azcade, then any business or organization requesting exterior signs shall be subject to the provisions of either the wall-mounted or freestanding joint directory signs, found in this ehaptcr seti~iia~, _ 2. A restaurant/bar tt?at does not have exterior access may also be identified on one sign pernutted for the lodge or condominium. (Ord. 14(1982) § lg (part): Ord. 9(1973) § 14(4).) 16.20.199 Wall signs - Individual business within a multi-tenant buildirng. Wall signs, individual business within a mulri-tenant building shall be regulated as follows: A. Piupose, to idenrify a business or organization which has its own exterior public entrance within a multi- tenant building. The. identification sign or signs for a business or organization may include the name of the business or organizarion and the general nature of the business conducted within or upon the premises. In no instance, however, shall the total portion of the sign describing the general nature of the business exceed 40 per cent of the total azea of each sign permitted for this purpose. The description of the general nature of the business shall be incorporated into the sign or sign idenfifying the name of the business and should not exist as a separate sign; B. Size, one square foot for each five front lineal feet of the individual business or organization having its own exterior public entrance in a multi-tenant building, with a maximum of three square feet allowed for a business with insufficient frontage. Combined maximum area for more than one sign shall not exceed twenty square feet; C. Height, no part of the sign shall extend above twenty-five feet from existing grade. D. Number, one sign per vehicular street or major pedestrian way which the business abuts, as deterrnined by the administrator, with a maximum of two signs, subjeet to reniew-bqtltedesign review bow . E. Location, pazallel to the exterior wall of the individual business or organi7ation, adjacent to the street or major pedestrian way which the building abuts, subject to design.review bow; F. Design, subject to ti c design review-boxrd; G. Lighting, indirect or pan-channeled; H. Special provisions shall be as follows: 1. A joint directory sign pecmitted, subject to the provisions of this ek~tpter seCt~~i~i; 2. A business or organization having a wall sign is not excluded from participating in joint directory, 3. In the case where a business or organization located above or below street level fronts directly onto an exterior balcony, deck, walkway, or stairvvay wluch is utilized as the businesses own entrance and for unrestricted public access and use, the allowable sign area for any sign to be located at that building level shall be based upon the portion of the business frontage which abuts directly upon the balcony, deck, walkway, or staiiway, with a maximum size allowed not to exceed five square fe,et. A sigl of a maJCimun a.*ez of :hree squarc fe:.t shall be a:towed ,`oi busuiessGs having insufficient frontage. If a business or organization located above or below ground level proposed a sign for a location or level of the building other than the level of its own unrestricted access, the sign shall be limited to a maximum size of three square feet. The level of the access shall be defined as the area between the floor and ceiling of that level, 4. Space shared with common exterior public entrance by more than one business or organization shall be treated as a single business or organization for purposes of calculating frontage, - 5. A maximum of twenty square feet will be allowed for a building identification sign. (Ord 14(1982) § ld-g (part): Ord. 13(1976) § 3(part): Ord. 9(1973) § 14(2).) 13 6 46407M Wa9fl sagns -.Uoanrt dnrectory sagns ffor a eteulti eensent bauilding. Wall signs, joint directory signs for a muld-tenant building shall be regulated as follows: A. Purpose, to list aYl tenants within a mulri-tenant building and to guide the pedestrian to an individual tenant within the building; B. Size, one square foot per tenant within the multi-tenant building, with a maximum area of twenty-five square feet; C. Height, no part of such signs shall extend above eight feet above existing grade; D. IVumber, one sign per vehiculaz street or major pedestrian way which the business abuts, subject to dte aw p.mMof the design review board. If a building has two or more major public entrances on distinct, sepazate pedestrians ways, proposals for additional joint-business directories may be approved atthe discrefimroftk t3;;design review bmd; E. Location, parallel to the exterior wall adjacent to the major pedestrian way which the building abuts, subject to the app-1 -f' e design review board; F. Design, subject to 4he appioval-ofthe design review baxrd; G. Lighting, indirect or pan-channeled; H. Special provisions shall be as follows: 1. Any joint directory sign oriented towazd pedestrians shall be subject 4o the provisions of this section, 2. All joint directory signs must be kept current, 3. Five square feet may bs included in a wall-mounted joint directory sign for the purpose of identifyimg the building, in lieu of any other sign for the same purpose. (Ord. 14(1973) § lf, g(part): Ord. 13(1976) § 3(part): Ord. 9(1973) § 14(3).) . . Wafl sdgns - Sing9e-baasiness use. Wall signs, single-business use shall be regulated as follows: A. Purpose, to identify a business or organization being the sole business occupant within a building. The identification sign or signs for a business or organization may include the name of the business or organization and the general nature of the business conducted within or upon the premises. In no instance, however, shall the total portion of the sign aescribing the general nature of the business exceed 40 percent of the total area of each sign permitted for this purpose. The description of the general nature of the business shall be incorporated into the sign or sign identifying the name of the business and should not exist as a separate sign; B. Size, one square foot for each five front lineal feet of the building, with a maximum area of twenty square feet. Combined maximum area for more than one sign shall not exceed twenty square feet; C. ]Height, no pazt of the sign shall extend above twenty-five feet from existing grade; D. IVumber, one sign per vehiculaz street or major pedestrian way which the business abuts, with a maximum of two per business, as deternuned by the administrator, subject to Pcniew-by-the design review bow~; E. Location, parallel to the exterior wall adjacent to the street or major pedestrian way which the building abuts, subject to thc-approvahkthe design review bum ; F. Design, subject to th design review board; G. Lighting, indirect or pan-channeled; H. Special provisions shall be as follows: 1. One freestanding sign or projecting sign per street or major pedestrian way permitted in place of one wall sign, 2. A maximum of twenty square feet will be allowed for a building identification sign. (Ord. 14(1982) § le-g (part): Ord. 13(1976) § 3(part): Ord. 9(1973) § 14(21).) . . Waeedow signs. Window signs shall be regulated as follows: A. Putpose, to identify pazticular types of services, products or events; B. 1. Size, any sign or signs atfached to or applied to the inside surface of any exterior window will be limited to a coverage of fifteen percent of the total window space. Further, with the exception of gas filled, illuminated, and fiber optic window signs, no sign or signs shall cover more than fen square feet of any window space. Gas filled, illuminated and fiber optic window signs shall not cover more !h2n three Sqi:a.Te feet of any windew space. 2. A window space is considered to be the total area of any single window pane or series of window panes separated by mullion of twelve inches or less; C. Height, the top of the sign shall be no more than twenty-five feet above existing grade; D. 1Vumber, each window frontage may contain sign or signs within the prescribed sign limits for each frontage on a street or major pedestrian way with a maximum of two signs per frontage. Not more than one sign for each frontage shall be permitted to be a gas filled, illuminated or fiber optic window sign; ' E. Locarion, window signs may be affixed to the interior of a glass surface or be located a maximum of thirfy- six inches from the glass surface; 14 F. Design, all gas filled, illuminated, or fiber opric window signs shall be subject to rcvierov bptlre design review bcttc G. Lighting, indirect; H. Landscaping, not required; I. Special provisions shall be as follows: 1. A sign or signs advertising temporary events aze exempt from this definition, provided that a single sign does not exceed six square feet with a maximum area of ten square feet aggregate for all signs denoting temporary events, provided the sign or signs aze removed at the conclusion of the temporary event and not etected prior to ten days before the event is scheduled to take place. A temporary event is one which does not last more than thirty consecutive days in any gven calendar Year• 2. Signs denoting current or future events erected by a non-profit organization are not subject to the time limits outlined in this section, provided that the signs are removed within twenty-four hours after the event has ended. 3. Three square feet shall be allowed for the display of the name of a business or organization (not to exceed 1.5 squaze feet), the display of hours of operation, credit card information, and similar general infonnation items. This azea will not be included as a part of t6e total allowable window coverage. 4. A gas filled, illuminated, or fiber optic window sign may be used to identify a business which has no other exterior business identificarion sign. One square foot of sign shall be allowed per each five lineal feet of frontage of the individual business or organization having its own exterior public entrance in a single business use or a multi-tenant building with a maximum of three square feet of sign allowed for a business with insufficient frontage. A maximum of ten square feet shall be allowed for one sign. A maximum of one sign per frontage, not to exceed a total of two signs for the business shall be allowed. .(Ord. 5(1993) 3--6: Ord. 20(1991) § 1: Ord. 14(1982) § 1 d.g (part): Ord. 4(1975) § 2(H): Ord. 9(1973) § 14(11).) EtRpter-*6-.H . Sectienr. 16. . , ~ 16. . . , 16. d. 2 ccntral y . privs-L%;-preper#y. ' 15 a i :':::::i:::i ":;`.:i::::':. >20;:: ~atee~~r~es ~ e ~~un ~~ax C~ ~Bi~ &~aing ~??~t~,lcts; . . ~ This ehapeer se~::concerns those types of pernianent and temporary signs requiring a sign application permit under the provisions of this tide for propecty within CC3 and ABD zone districts. This ehaptef sect~v~:further includes the purpose of each sign type, size, height, number, location, design and landscaping requirements, and ecial rovisions for each SP . P. . type of sign hst ~rf s~~ r~g~lla~v~s ~vr,~ll ~g~ loCa#ed m#~e;~3 ~ tbe A13 ~ma~: ~istnz~s . , fliagas, • . , , ~ , • . ~ i 3- . ~ • , • , , Wail . , , . , ~ d-h , • , • ' :aresof thiis-eea1t; . ~ ArcenHi-l ~ • ~ . ave . , . ~ . ~ Traffie . Window F' ~ . ~ seeti'mr: .166 • , . . , , <~~k Acceaaa flaghting. Accent lighting shall be regulated by the following: A. Purpose. To illuminate display windows and/or merchandise; B. i.,ocation. CI~h,P~r. p~,s ~t to ChaFter 16.16 of the Vail Municipal Code. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of the business and shall be located within the interior of the building. C. Design. Subject to the-approya~-~ design review battrd pursuant to Chapter 16.16 of'the Vail Municipal Code. (Ord. 5 (1993) § 12.) H Beafidang ndentaflea4non signs. 16 A. Purpose, to identify the name of a building; B. Size, no greater than twenty square feet; C. Height, wall-mounted building identification signs: No part of the sign shall extend above twenty-five feet from existing grade or the plate line of a building, whichever is less; Freestanding building identification signs: No part of the sign shall extend above eight feet from existing grade; D. Number, one sign; E. Location, either wall-mounted or freestanding, subject to theapprovai-ofthe design review bow; F. Design, subject to thc-approvai-ofthe design review bowd; G. Special provisions: l. A freestanding building identification sign shall be governed by the provisions in Section + V. 22. V V V(:1:64.204V~ 7)• 2. A wall-mounted building identification sign shall be governed by the provisions in Section 1t-25IC;G~ Vi~_~2:~.~':Q (Ord. 28(1989) § 3: Ord. 3(1982) § 1(part).) boa~. ~azI Y sp~c~at boards sha~~ ~ae p~sat~ed u~t~~c t~e ~'~~itrwsug. A: ; ~to disp~ay ihe JY specals for a gtve~? ~~tg B: ~a~e~ ~ha~ it ~4~ squar~ f ~g~t ~ p~ ~f th~ t~v~ sp~ b~i s~ai1 extcridve:e~~:;~e~ ~o~::~~g;g~E ~iisb~ b~ as ~c~l~n~s: ; I < ~ne d~ly ~~l bna~ per r~~ant s~a~t be Hotu~er, ~ a;bus~n~ss ~ ~t~`~si~ pede~natt ~y ~td. s~al t ~tw~d. ~Wion, a#~~~ tr~ app~t~v~d ,}~t~x flr ~d Eo thefrQnt.f~eiMft~e:e R U; none: : agin~ttci~l ap~ng sh~;be r.qmred :~adtl~hon~.~an: pre~vu9~j?~et~~dfcir i~s~i:ttoxes: 16.22.020 Display boxes. Display boxes shall be regulated by the following: A. Purposes, to display cturent menus, current real estate listings or current entertainment; B. Size, no greater than ttiree square feet; C. Height, no part of the display box shall extend above six feet from existing grade; D. Number shall be as follows: 1. Pernvtted, one display sign; 2. Conditional, if a business has two consumer entrances on distinct, separate pedestrian ways, a proposal for a second display box i?vilI;;inay be approved. bowd. The proposal shall conform to the other provisions of this section. E. Location, subject to ap}naval-eftke design review baar ; F. Design, glass-enclosed display box, subject to thcappranal-ofthc design review bow; G. Lighting, indirect; H. Landscaping shall be as follows: 1. A landscaped azea of two square feet for each square foot of each side of a permanent freestanding display box may be required at the base of the box. 2. If landscaping is required a plan showing the landscaping must be submitted by the applicant atthe ~i~:af';"Vipli~ti`~ beard mteting. 3. All landscaped areas shall be maintained. 1. A display box of greater than three square feet may be approved if determined to be necessary as an accessory function to a drive-up facility, subject to design review bom+d. (Ord. 3(1982) § 1(part).) M.22.039 Flags, per.naQts, baa@ers and buatir.g. Flags, pennants, banners and bunting shall be regulated as follows: A. Purpose, to control the proper display and maintenance of national, state or official flags and the erection and maintenance of pennants, banners and bunting; B. Size shall be as follows: 1. Flags, maximum size shall be sixty square feet, the nation and the state flag shall have proportions as prescribed by presidential declazation; 2. Pennants and banners, subject to approval by the administrator, subject to rroiewrbpthe design review beat 17 3. Bunting, subject to approvai by t6e administrator, subject to revecron-by419e design review boar~. C. Height, flag poles shall be a maximum height of thirty feet, l. Flags shall have a minimum cleazance of eight feet when projecting over public walkways; shall have a minimum clearance of fifteen feet when projecting over vehicular street; when displayed on flag poles, a minimum of twenty feet from top of the pole to average grade, except for residential areas; projections over a public way may be controlled by the design review board; 2. Pennants shall have a minimum clearance of eight feet over pedestrian ways and fifteen feet over vehicular ways; 3. Banners shall have a minimum clearance of eight feet over pedestrian ways and fifteen feet over vehicular ways. D. IVumber, subject to the approval of the administrator, subject to rericw-by-Hie design review boar~. E. Location, subject to the approval of the administrator, subject to rcricw-by-ffie design review boar~. F. Design, excepting officiai flags, shall be at the approval of the administrator, subject to revievp-}rp-the design review board. G. Lighdng, indirect; H. Landscaping, 5utij0##;:design review bowd; 1. Special provisioms shall be as follows: 1. Flags, et al, shall be maintained in a clean and undamaged condition; 2. Pennants, banners and bunting referring to community events or activities will be allowed to be displayed for a period ofno more than fourteen days. Christmas decorations are exempt from tt?e time period, but must be removed when their condition has deteriorated so that they are not aesthetically pleasing. Application must state who will be responsible for removal. In the event the pennants, banners or bunting aze not removed on the specified date, written notice by certified mail will be given to the responsible person and the items will be removed by the town at the owner's expense. 3. Pennants that do not refer to community events or activities and are for the purpose of advertising may be displayed as flags subject to ~apiroval ofe design review bom; 4. Banners, pennants, bunting or decorations of a temporary nature used for the purpose of promoting community activities shall be exempted from the application procedure described in this tide; however, the written permission of the administrator must be obtained subject to renicw-bythe design review board; 5. The display of national flags shall be governed by the standard rules of intemational protocol. (Ord. 3(1982) § 1 (part).) 167227M ]Fireestandang sngaus - 5angle-baasiness ease. Freestanding signs, single-business use shall be regulated as follows: A. Purpose, to identify a business or organization being the sole business occupant within a building with a . low-profile planter type design sign; B. Size, 2.5 square feet for each five front lineal feet of building with a maximum azea of twenty square feet . with a horizontal dimension no greater than ten feet. The size of a multi-paneled sign shall be determined by dividing the maximum size allowable by the number of panels. Combined maximum area for more than one sign shall not exceed twenty square feet; C. Height, no part of the sign shall extend above eight feet above existing grade; D. Number, one sigxi; E. Location, on the grounds of the building and adjacent to major vehiculaz way which the building abuts, subject to design review bmrd; I F. Design, subject to theipprovaFefthe design review board; G. Lighting, indirect or pan-channeled, provided that signs only be lighted until 10:00.p.m. or until closing of ~ 4he business which it serves or represents, whichever is least restrictive. H. Landscaping shall be as follows: 1. A landscaped area of ewo square feet for each square foot of each side of the sign and supporting sttucture shall be required at the base of the sign, with a minimum area to be landscaped of tiventy four sqaare feet; 2. A plan showing the landscaping must be submitted by the applicant at the time of application; 1. Special provisions shall be as follows: 1. A building identification sign will not be permitted for businesses and organizations having a sign . within this category. (Ord. 3(1982) § 1(part).) 46.. lE'reesgaaiding sggns --Joing direstory signs ffor unulti-tenant building. Freestanding signs, joint directory signs for a multi-tenant building shall be regulated as follows: A. Purpose, to list all tenants within a multi-tenant building and to guide the pedestrian to an individual tenant within the building; B. Size, one square foot per tenant within the multi-tenant building, with a maximum area of twenty-five square feet; 0 18 C. Height, no pact of the signs shall extend above eight feet from existing grade; D. Number, one sign on the major pedestrian way which the building abuts, subject to tircappreval-ofthe design review boar~. If a building has two or more major public entrances on distinct, separate pedestrian ways, proposals for additional joint-business directories may be approved s~ib;jeCt;:to design review fronr~. E. Location, on the grounds of the building and adjacent to a major pedestrian way which the building abuts, subject to thc-appraval oftkc design review bear~; F. Design, subject to th design review-board; , G. Lighting, indirect or pan-channeled; H. Landscaping shall be as follows: . 1. A landscaped area of two square feet for each square foot of each side of the sign shall be required at the base of the sign, with a minimum azea to be landscaped of twenty-four square feet, in accordance with d06:i"det~f;#~:Z. (:ti:: dd; andscaping otdi ; 2. All landscaped areas shall be maintained to town standards as deternuned by the administrator, subject to review~bpthe design review bea~; 3. A plan showing the landscaping must be submitted tothedesignievievvbom by the applicant at the time of application. 1. Special provisions, five square feet may be included in the freestanding joint directory sign for the purpose of identifying the building, in lieu of any other sign for the same purpose. Joint directory signs must be kept current as determined by the administrator. (Ord. 3(1982) § 1(part).) 1-6:2-2.035 Gas filled, illuminated and fiber optic signs. Gas filled, illuminated and fiber optic signs shall be regulated by the following unless otherwise addressed within this tide: A. Purpose. To idenrify particular types of services, products or events; B. Location. Any sign located further than thirty-six inches from the window pane and visible iiom apublic right of way shall be subject t design review boar~ pursuant to Chapter 16.16 of the Vail Municipal Code; C. Design. Subject to ie design review bear D. Size: All gas filled, illuminated and fiber opric signs between five square feet and ten square feet in size and fiuther than thirty-six inches from the window pane which are visible from the public way shaH My>be reviewed by the design review boazd pursuant to this section. E. Special provisions. Gas filled, illuminated and fiber optic signs within the interior of the business and not considered to be a window sign which have a total accumulative square footage greater than ten square feet in size and which can be seen from any public way withing the town shall be prohibited. (Ord. 5(1993) § 9.) 16:22.949 Murals and supergraphics. Murals and supergraphics shall be regulated as follows: A. Purpose, to provide for decoration applied to building walls so as to enhance the appearance of the building's architectural character; B. Size, subject to theapproval-ofthc design review bewd; C. Height shall not extend above the plate line of a building wall; D. Number, subject to thc-approroal-afthc design review beard; E. Location, subject to thcappro~a~-ofthe design review beard; F. Design, subject to hz design review bew G. Lighting, indirect; H. Landscaping, 04hj~t>f6i4esign review beard. (Ord. 3(1982) § 1 (part).) 16.22:959 Political signs. p4litical signs shall be regulated as follows: A. Purpose, window or wall-mounted signs with the intended use of denoting a political campaign headquarters, pazty affiliation, or advertising of a political figure or cause; B. The size of the sign shall be limited to twenty square feet. Combined maximum area of more than one sign shall be no lazger than twenty square feet; C. Height, subject to design review-board; D. Number, one sign on the major pedestrian or vehicular way which the building abuts, subject to the appmvai ofthe design review bou~; E. Location, subject to th design review board; F. Design, subject to design review bear~; G. Lighting, indirect or pan-channeled, provided that signs only be lighted until 10:00 p.m. or until closing of the headquarters which it serves or represents, whichever is least restrictive; 19 H. Landscaping, not applicable; 1. Special provisions shall be as follows: 1. If the sign is to be up more than one week, then the duration of the sign shall be determined by the design review board; 2. The sign must be taken down twenty-four hours after the election, cause or event for which it was erected has terminated. (Ord. 3(1982) § 1 (pazt).) ~v~fie ~o Far~g ~gn~ s1~ ~at ezc~ed ~rv , p~:~ T6ey..~l ~au~a~w~a ~kgrvund w~t~i ~±b~~ ~~.c~g ~irl~~~ sIi~11 Teead ~s ~'oilc~~is: . : - , P , . , . . : , A . F. ~u ~T ~ B.....-... :<;<>::>. E ; . ~?`ED,$Yi~'~Tl~R +6722:060 ]Projecting and 9aanging sngns - Arcade. Projecting and hanging signs, arcade shall be regulated as follows: A. Purpose, to identify a business or organization fronting on an arcade within a building having public access; B. Size, one square foot for each five front lineal feet of the individual business or organization, with a maximum area of ten square feet. Combined maximum azea for more than one sign shall not excced ten square feet; C. Height, minimuim clearance of eight feet between the floor grade and the bottom of the sign, maximum hcight of fifteen feet above existing grade; D. IVumber, one per business front on arcade, as deternuned by the administiator, with a maximum of two sign , E. Location, perpendiculaz or pazallel to or hung from a projecting structural element of the exterior wall of the business front or arcade, subject to 4he a }re design review baxr~. F. Design, subject to 4frevpprova-vf-die-design review basrd. G. Lighting, indirect or pan-channeled, provided that signs only be lighted until 10:00 p.m. or until the closing of the business which it serves or represents, whichever is least restrictive; H. Landscaping, WN ~::tv<:design review board; 1. Special provisions, if more than one business fronts an arcade, then any business or organization requesting exterior signs shall be subject to the provisions of either the wall-mounted or frcestanding joint directory signs found in this chapt&:sec*. (Ord. 3(1982) § 1 (part).) Projeeting and hanggng sagns - Bndiendua9 business wnthin a eesulfi-tenanB building. Projecting and hanging signs, individual business within a multi-tenant building shall be regulated as follows: A. Purpose, to identify a business or organization which has its own exterior public entrance within a multi-' tenant building; B. Size, 2.5 squaze feet for each five front lineal feet of the individual business or organizarion having its own exterior public entrance in a multi-tenant building, with a maximum of twenty square feet, and a minimum area of five square feet will be allowed if a business has insufficient frontage. The size of a multi-paneled sign shall be determined by dividing the maximum size allowable by the number of panels. Combined maximum are for more than one sign shall not exceed twenty square feet; C. Height, minimum cleazance of eight feet to bottom of sign above pedestrian ways and minimum clearance of fifteen feet to bottom of sign above vehiculaz ways. No part of the sign shall extend above fifteen feet from existing grade; D. 1Vumber, one sign; E. Location, perpendiculaz or parallel to or hung from a projecting structural element of the exterior wall of the individual business or organization, adjacent to the North Frontage Road, subject to 4heappiava}-o¢the design review board; F. Design, subject to 4e design review bmd; G. Lighting, indirect or pan-channeled, provided that signs only be lighted until 10:00 p.m. or until the closine of the business which it serves or represents, whichever is the least restrictive; H. Landscaping, ~4}ie-c~iseie~r~-af 0 et>~<;design review 1. Special provisions shall be as follows: 1. A joint directory sign permitted subject to the provisions of this fitle; 2. A business or organization having a projecting or hanging sign is not excluded from participating in a joint directory ; - 3. M individual business with no calculable frontage along the North Frontage Road or with a basement or second floor entrance may have one sign with a maximum area of five square feet in a location approved by the design review board designated in a specific sign program for the building in which the business or organization is located. This provision does not apply to businesses or organizations fronting on an azcade. 20 (Ord. 3(1982) § 1(part).) 16.22:989 Projecting amd hanging signs - Joint directory signs for a multi-tenant building. Projecting and hanging signs, joint directory signs for a multi-tenant building shall be regulated as follows: A. Purpose, to list all tenants within a multi-tenant building and to guide the pedestrian to an individual tenant within the building; B. Size, one square foot per tenant within the multi-tenant building, with a maximum azea of fifteen square feet; C. Height, minimum clearance of eight feet to bottom of sign above pedestrian ways, and minimum clearance _ of fifteen feet to botiom of sign above vehicular ways. No part of the sign shall extend above fifteen feet from existing grade; D. Number, one sign on the major pedestrian way which the building abuts, subject to thcapprvvai efthe design revievv-boarcL If a building has two or more major public entmnces on distinct, separate pedestrian ways, proposals for additional joint-business directories may be approved ;tp design review boarthe proposal shall conform to the other provisions of this section; E. Location, perpendiculaz or parallel to or hung from a projecting structural element of the exterior wall adjacent to the North Frontage Road, subjectt design review boar F. Design, subject to the appmval-ofthe design review bow~; G. Lighting, indirect or pan-channeled, provided that signs only be lighted until 10:00 p.m. or until the closing of the business which it serves or represents, whichever is least restrictive; H. Landscaping, ~~i;>design review . 1. Special provisions shall be as follows: 1. All joint directory signs must be kept current; 2. Five square feet may be included in a projecting or hanging joint directory sign for the purpose of identifying the building, in lieu of any other sign for the same purpose. (Ord. 3(1982) §,1 (part).) 16.22.099 Public information signs. Public informarion signs shall be regulated as follows: A. Purpose, display board or kiosk with the intended use of locating posters, handouts and cards identifying community activities, special events and.personal information. . B. Size, the size of display boazds or kiosks shall be the deternunedatiim stiWWofthe design review bowd. C. Height, subject to design review beard; D. Number, subject to ie design review bow; E. Location, subject to thc-appreva}-ofthe design review baxr F. Design, subject to design review boar G. Lighting, indirect or pan-channeled; H. Landscaping, si;iW*t~r;:design review i~oar~. (Ord. 3(1982) § 1 (part).) 16.22.-1-90 Sign program. Sign program shall be regulated as follows: A. Purpose, the intent of the sign program is to encourage a comprehensive approach to the design, size, number, shape, color and placement of all signs pertaining to a particulaz dcvelopment or building containing a business or group of businesses. The sign program allows for the possibility of innovative, unique approaches to signs; B. Size shall not exceed the maximum size requirements for each category of signs, subject to thcappmval-of _ the design review fiou C. Height shall not exceed the maximum height requirements for each category of signs, subject to the aPpievaiof the design review bew~; D. Number, subject to design review bvard; E. Location, subject to th design review boxr F. -Design, subject to theapproval-ofthe design review boud; G. L-andscaping, subjer.t to tl±capprcml!ke design :e~:~ btard.; H. Lighting, indirect or pan-channeled; 1. Special provisions shall be as follows: 1. At the time that any sign on a building located within Commercial Core III or Arterial Business District is removed, changed, or altered in any way, a sign program for that particular building is encouraged to be submitte prior to the erection of any new sign on the building. a. A sign may be removed and re-erected for the purposes of normal maintenance of the sign. 2. As a part of the overall sign program for a building the total sign allowance for a building may be apportioned along the building frontage in any manner the applicant chooses, provided that the size of any one sign shall not exceed the maximum size requirements for each category of signs. The measurement for the determination of lineal frontage for sign allowance pwposes shall be made at 21 , i the structural foundation or building line at finish grade. Only the building front which most closely parallels the front lot line shall be included. 3. Businesses located on the first floor and having exterior frontage within a building may bc allowed one sign with a maximum area of three square feet for the purpose of identifying the business, entrance, location and design subject tolheap d~ign reNew board. 4• In the case where a building located within CC3 or ABD has a business frontage wluch is not adjacent to the IVorth or South Frontage Roads, but has calculable frontage which is located along a pedestrian way at the end of a building adjacent to the interior of CC3 or ABD and has direct access or display area along that pedestrian way, the provisions applicable shall be the same as for a business fronting on an azcade, subject to design review board. a. Under this provision a business or organi7ation which fronts on both the atcade and the end of the building may have a maximum of two signs with a maximum size of twenty square feet (based upon frontage) combined, allocated in any manner the applicant chooses, subject t re design review bowd. b. This provision is not applicable to businesses with frontage adjacent to exterior boundaries of CC3 or ABD other than the IVorth and South Frontage Roads. 5. Any sign erected which is part of the sign program must receive re design review board. 6. In the case where the applicant wishes to amend a previously granted sign program, he may do so, but all signs in the program will be reviewed in terms of the proposed addition. (Ord. 28(1989) 4-6: Ord. 3(1982) § 1(part).) 464.2-.M 'B'ernporarry siee deveIlopment sfgns. Temporary site development signs shall be regulated as follows: A. Purpose, to indicate or identify a development of real property under construction in CC3 or ABD; B. Size shall not exceed twenty square feet, with a horizontal dimension no greater than ten feet.-Cambined C. Height, the top of a freestanding sign or wall sign shall be no higher than eight feet from existing grade; D. Number, one sign; E. Locarion shall be subject to 4heTpprovaFof4he design revi~eg,v board_ q vr,ail_mounted sign shall be placed parallel to the exterior wall adjacent to the street or major pedestrian way which the building abuts and shall be subject to ~ke-appf ovaFof-+e design review bmrd; F. Design, subject to the-approraFefthe design review board; G. Lighting, , eanstraefiom H. Special provisions shall be as follows: 1. Temporary site development signs shall be removed within ten da s after an ~?P~ _ Y *3!>occupancy ~if'ica~:perrtit is issued. The sign shall be permitted for a period ~i:ti~i;cptcW;,af one year. 2. The information ernutted on tempo P rary site dcvelopment signs is limited to project name, piaje,C# at~t~s :~a: :<o - ireal estate agents; genetal contractors azchitects;`''; : t~~st aiit~ srt~ dcrng c~zbe. s~gn ~rsed fvr ~spi~~r ~zf ~~t~`QrfnBit~on athet,#~ari: ~ pro1~. ~.e a A:Iirn~ted {S~Vpw b,to (Ord. 28(1989) § 7: Ord. 3(1982) § 1(part).) 464242e 'Il'raflic couatro? signs ffor prevate property. Traffic control signs for CC3 or ABD shall be regulated as follows: A. Purpose, to relieve vehicular and pedestrian traffic congestion and promote the safe and expedient flow and parking of traffic on private property; B. Size, all vehiculaz traffic control signs shall not exceed one square foot, except multi-purpose signs, which shall not exceed four square feet. All pedestrian traffic control signs shall not exceed one square foot, except mulri-purpose signs, which shall not exceed four squaze feet, subject to the-approe*all efthe design review board, C. Height, no part of the sign shall extend above six feet from existing grade; D. Number, subisrt *o h • - design re=r.mv ~d; E. Location shall be design review bowd, with-aletttr-ef approval from the town engineer for any sign placed adjacent to a public street or way; F. Design, subject to the-a design review baar+d; G. Lighting, indirect, ~ii~~ec~:~i~:design review bowd; H. Landscaping, atthedis~~ 03]3j0t:€ii;design review bmrd; 1• Special provisions shall be as follows: 1. May be either free-standing or wall-mounted with same size requirements; 2• No individual sign will be approved unless it conforms to an overall sign program for the entire building, submitted by the applicant; 3• No sign shall contain any advertising, but may identify the owner by name; 4. If a"no pazlang" sign (as fumishcd by the town) is used, there may be no other sign for the same 22 t purpose. (Ord. 28(1989) § 8: Ord. 3(1982) § 1(part).) 16.22.139 Wall signs - Arcade. Wall signs, arcade shall be regulated as follows: A. Purpose, to identify a business organi7ation fronting on an arcade within a building or between buildings having public access; B. Size, one square foot for each five front lincal feet of the individual business or organization with a maximum area of ten square feet; C. Height, the top of the signs shall be no higher than eight feet above existing grade; ' D. Number, one per business front on an arcade, as determined by the administrator, subject to rrviev~bythc design review beard; E. Location, parallel to the exterior wall of the business front on an arcade, subject to theappravai cfthe design review bow~; F. Design, subject to the -apprarttlftke design review baxr G. Lighting, indirect or pan-channeled provided that signs only be lighted until 10:00 p.m, or until the closing of the business which is serves or represents, whichever is the least restrictive. (Ord. 3(1982) § 1(part).) 16.22.149 Wall signs - Individual business within a multi-tenant building. Wall signs, individual business within a multi-tenant building shall be regulated as follows: A. Purpose, to identify a business or organization which has its own exterior public entrance within a multi- tenant building; B. Size, 2.5 squaze feet for each five front lineal feet of the individual business or organization having its own exterior public entrance in a multi-tenant building, with a maximum of five square feet allowed for a business with insufficient frontage. Maximum area shall not exceed twenty squaze feet; C. Height, no part of the sign shall extend above twenty-five feet from existing grade or the plate line of the building, whichever is more restrictive; D. Number, one sign; E. Location, parallel to the exterior wall of the individual business or organization, adjacent to the North or South Frontage Roads, subject to thc-approva}bfthe design review fioar; F. Design, subject to theappioval of die design review bom~; G. Lighting, indirect or pan-channeled provided that signs only be lighted until 10:00 p.m. or until the closing of the business which it serves or represents, whichever is least restrictive; H. Special provisions shall be as follows: 1. A joint directory sign permitted, subject to the provisions of this ehapter ~ect~oii; 2. A business or organization i~ave 'i~;:l~as a wall sign is rrot excluded from parkicipating in a joint directory; 3. An individual business with no calculable frontage along the North or South Frontage Roads, or with a basement or second floor entrance, may have one sign with a maximum area of five square feet in a location approvod-bq•thc ~:#cs::design review boxr~ or designated in a specific sign program for the building in which the business or organization is located; 4. Space shared with common exterior public entrance by more than one business or organization shall be treated as a single business or organization for the purposes of calculating frontage. (Ord. 28(1989) 9, 10: Ord. 3(1982) § 1(part).) 16r.22.159 Wall signs - Joint directory signs for a multi-tenant building. Wall signs, joint directory signs for a multi-tenant building shall be regulated as follows: A. . Purpose, fo list all tenants within a multi-tenant building and to guide the pedestrian to an individual tenant within the building; B. Size, one square foot per tenant within the multi-tenant building, with a maximum area of twenty-five square feet; C. Height, no part of su;,h signs shall extend above eight feet above existing grade; " D. Number, one sign; E. Location, parallel to the exterior wall adjacent to the North or South Frontage Roads subject to the-appraval efthe design review+oard; F. Design, subject to design review bow; G. Lighting, indirect or pan-channeled provided that signs only be lighted until 10:00 p.m. or until the closing of the business which it serves or represents, whichever is least restrictive; H. Special provisions shall be as follows: 1. Any joint directory sign oriented toward pedestrians shall be subject to the provisions of this section; 2. All joint directory signs must be kept current; 3. Five square feet may be included in a wall-mounted joint directory sign for the puipose of 23 i idenrifying the building, in lieu of any other sign for the same purpose. (Ord. 28(1989) § 2: Ord. 3(1982) § 1(part).) f 6--21-FA Wa99 signs - Sea?gle-baasiness use. Vdall signs, single-business use shall be regulated as follows: A. Purpose, to identify a business or organization being the sole business occupant within a building; B. Size, 2.5 square feet for each five front lineal feet of the building, with a maximum area of twenty square feet. Combined maximum area for more than one sign shall not exceed twenty square feet; C. Height, no part of the sign shall extend above twenty-five feet from existing grade or the plate line of the building, whichever is more restrictive; D. IVumber, one sign; E. Location, parallel to the exterior wall adjacent to the street which the building abuts, subject to 4he-ap1ryva} sithe design review board; F. Design, subject to 4he-app te design review bowd; G. Lighting, indirect or pan-channeled provided that signs only be lighted until 10:00 p.m. or until the closing of the business which it serves or represents, whichever is least restrictive. H. Special provisions shall be as follows: 1. A building idenrification sign will not be permitted for businesses and organizations having a sign within this category. (Ord. 3(1982) § 1 (part).) 46_-Z2_.%0 Wnndow sggns. Window signs shall be regulated as follows: A. Purpose, to identify particulaz types of services, products or events; B. I. Size, any sign or signs attached to or applied to the inside surface of any exterior window will be limited to a coverage of fifteen percent of the total window space. Further, with the exception of gas filled, illuminated, and fiber optic window signs, no sign or signs shall cover more than ten square feet of any window space. Gas filled, illuminated and fiber optic window signs shall not cover more than three square feet of any window space; 2. A window. space is considered to be the total azea of any single window pane or series of window panes separated by mullions of twelve inches or less; C. Height, the top of the sign shall be no more than twenty-five feet above existing grade; D. IVumber, each window frontage may contain.A;sign or signs within the prescribed sign limits for eaach frontage on a street or major pedestrian way with a maximum of two signs per frontage. Not more than onc sign for each frontage shall be permitted to be a gas filled, illuminated or fiber optic window sign. E. Location, window signs must be affixed to a glass surface or a maximum of six inches from the glass surface; F. Design, all gas filRed, illuminated, or fiber optic window signs shall be subject t design review board; G. Lighting, indirect or pan-channeled provided that sigiis only be lighted until 10:00 p.m. or until the closing of the business which it serves or represents, whichever is least resti-ictive. H. Landscaping, not required; 1. Special provisions shall be as follows: 1• In the event that a business or organization chooses to locate an identification sign on a window in lieu of a projecting or hanging sign, or a wall sign, they may do so, subject to the requirements of the category under which the business falls, subject to the-spps"awaiaft}Ze design review banr 2. A gas filled, illuminated, or fiber optic window sign may be used to identify a business which has no other exterior business identification sign. Two and-five-tenths oi~e-~atf`square feet of sign shall be allowed per each five lineal feet of frontage of the individual business or organization having its own exterior entrance in a single business use or a multi-tenant building, with a maximum of five square feet of sign allowed for businesses with insufficient frontage. A maximum of ten square feet shall be allowed for one (1) sign. A maximum of one sign per frontage, not to exceed a total of two signs for the business shall be allowed. (C1rd. 5 (1- 993) 5, 7: Ord. 3(1982) c 1(part).) BkGLi n . Chapter 16.22 of the Vail Municipal Code is hereby repealed in its entirety. &xAiLn 4. If any part, section, subsection, sentence, clause or phrase of Yhis ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and Yhe 24 ' 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 . 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 The amendment 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 amended. The amendment 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 day of , 1996. A public hearing on this ordinance shall be held at the regular meeting.of the Town Council of the Town of Vail, Colorado, on the day of , 1996, in the Municipal Building of the Town. Robert W. Armour, Mayor ATTEST: Holly McCutcheon, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED 25 , PUBLISHED (IN FULL) (BY TITLE ONLY) THIS DAY OF , 1996. Robert W. Armour, Mayor ATTEST: Holly McCutcheon, Tovun Clsrk Fi le: f.Acve ryone\o[d\ord 13.96 26 YS , ~ V1 ."c.v y~,y~ ..~T~..~ . ofi ~ b . ~ ~ ~ il .y x \ - ~ L ~ _ 3~:r ~ wts ia u ]an - NO. 9 SERIES OF 1996 A RESOLU!'oN HONOR'NV BVDDY LAZIER 1996 VNDIAWAPOLIS 500 CHAflAPIOIV WHEREAS, Buddy is a bonafide Vail native and a long time resident of the - Town of Vail; and WHEREAS, Buddy is an outstanding professional automobile racer; and ~D WHEREAS, Buddy won the 1996 Indianapolis 500; and ~ WHEREAS, the 1996 Indianapolis 500 championship has brought a great deal of positive recognition of Buddy's driving skills, physical endurance, and perseverance; and ~ f ~d WHEREAS, vve as a community are extremely proud of Buddy. ~ f NOW, THEREFORE, be it resotved by the Touvn Council of the Touvn of Vail, ~-u< Colorado: u~ 1. Vail expresses it's gratitude and pride in Buddy Lazier and his F" accomplishrnents, by declaring June 19, 1996, Buddy Lazier Day. ; ; f•, , INTRODUCED, READ, APPROVED AiVD ADOPTED this 18th day of June, 1996. 1~ fk~a; F~ t . . Robert W. Armour, Mayor ATTEST: f Ff~ • . Holly L. iVicGutcheon, Town Clerk c. - 's-~•: s~ e n • ~ ~ ' ~ ,(t ; • A . " ~ „ n F4 s,~~ t;s ~ ~mf ' i ORDIlNANCE NOe 12 SERIES of 1996 AN ORDINANCE CREATING SECT80N 97e32.050, PLAT TITLE FORNfATS, AND AAAEIVDBNG SECTIONS 17o16e030C, FIIVAL PLAT - REQUIREMENTS AND PROCEDIJRE AND 17e22e030, COiVDOMINIUM AFVD TOWNHOUSE PLATS - SUBnAITTAL REQIJIRENiENTS. UVHEREAS, on April 22, 1996, the Town of Vail Planning and Environmental Commission held a public hearing on the proposed amendments and unanimously recommends approval of the amendments to Town Council; and VVHEREAS, the Town Council finds that the proposed amendment to include standard plat title formats wrill reduce the inconsistency of plat titling which causes indexing and referencing problems for the Eagle County Assessors and Clerk and Recorders Office; and VVHEREAS, the Town Council finds that the standard format for all plat titles will benefit the many surveyors doing work in the Town of Vail, since the surveyors will no longer need to ° speculate as to how to title a plat in the Town of Vail; and VVHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of ihe Town of Vail Niunicipal Code iV01IV, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado that the following amendments shall be made to Chapter 17 of the Vail Municipal Code: SECTIOiV 1: . 17.16.130 C. 10. The proper plat title format for filing a plat in the Town of Vail, Colorado, as outlined in Section 17.32.050, Plat Title Formats. SECTIOIV 2: 17.22.030 Condominium and Townhouse Plats submittal requirements. The plat shall include a site map following the requirements of Section 17.16.130 C. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14 and 15 along uvith the signature of the 1 No changes to remaining text. Change numerical designation of subsection 11-17. 1 \ . r owner. The condominium or townhouse ptat shall also include floor plans, elevations and cross-sections as necessary to accurately determine individual air spaces and/or other ownerships and if the project was build substantially the same as the approved plans. Also required to be submitted is a copy of the condominium documents for staff review to assure that there are maintenance provisions included for all commonly owned areas. Also, building locations must be included and tied to property corners with distances and angles; Building dimensions must be shown to the nearest tenth of a foot. All property pins must be found or set and stated as such on map. The submittal shall be made to the Department of Community Development on a form provided by the zoning administrator and shall include a certificate (as found in the appendix of this chapter) on the plat for zoning administrator approval. (Ord. 2(1983 § 1(part).) SECTION 3: Section 17.32.050 Plat Title Formats The Title Format as required on all plats is as follows: " Type of Plat SUBDIVISION NAME, FILING OR PHASE NUMBER LOT, BLOCK, TRACT Town of Vail, County of Eagle, State of Colorado The type of plat should appear first in the Title; Final or Amended Final, Single-Family, Duplex, Condominium Plat. The font size should be small. The main title is the next line or lines of the title and wilf be in a large font. The main title is in two parts: the first part will have the name of the subdivision, townhome(s) or condominiums(s); the second part of the main title is the lot, block and tract information as shown in the order above. Plats of existing platted parcels require the Lot, Block and/or Tract information; on original plats the Lot, Block and Tract information are omitted from the title. When resubdivisions occur, the first part of the main title is identical to the parent subdivision and the second part identifying the replatted parcel(s), ex e when the intent of the plat is to create a new and separate subdivision, townhome or condominium with a new name. 2 i ~ The sub-titi e comes after the main title, and it contains the Section, Township, Range and/or County and State information. The font size should be smaller than that of the main title. The Certificate of C)edication and Ownership, as well as the Surveyor's certificate should match the above formatted eraain tat9e. The followang are exampies for each type of plat arad the exact format for eacla: ~ . Minor Subdivision Final Plat iVleadow Mauriello Subdivision A Resubdivision of Lot 32 Town of Vail, County of Eagle, State of Colorado Condominium Plat ; Condominium Plat Connelly Bridge Condominiums • Vail Village, First Filing Lot c, Lot d and the south four feet of Lot b, Block 5-B Town of Vail, County of Eagle, State of Colorado Townhouse Plat Townhouse Plat Mollica MaontainTownhomes Vail Potato Patch A Resubdivision of Parcel A, Lot 34, Block 1 Town of Vail, County of Eagle, State of Colorado Amended Final Plat/Single Family Subdivision Amended Final Plat Glen Lyon Subdivision, 2nd Amendment to the 1 st Filing Lot 15, Block 2 Town of Vail, County of Eagle, State of Colorado 3 ~ Duplex Plat ~ Duplex Plat Ruther Ridge Estates Subdivision, Filing No. 1 A Resubdivision of Lot 29, Block 1 Town of Vail, County of Eagle, State of Colorado Final Plat Final Plat Curnutte Creek Gulch Subdivision Filing No. 1 Town of Vail, County of Eagle, State of Colorado INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE FULL ON FIRST READING this 4th day of June, 1996, and a public hearing on this Ordinance on the 18th day of June, 1996, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert W. Armour, Mayor ' Attest: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full ttiis , 1996. , Robert W. Armour, Mayor Attest: Holly L. McCutcheon, Town Clerk 4 RESOL&9T90N IVO. 10 SERBES OF 1996 ARESOLUTEON TO ADOPT TFYE PROCEDt9RE TO PET9TEON TFIE TOdVN OF VABL LOCAL L9CENSING AUTFiORITX FOR PE121VIBSSBON TO PAV A FONE IN LiEU OF RETA1L L9Q110R LBCENSE Sl9SPENSlON. WHEREAS, Sections 12-46-107 and 12-47-110 of the Colorado Beer and Liquor Codes . provide a procedure whereby a retail licensee may, before the operative date of a beer or liquor license suspension, petition for permission to pay a fine in lieu of having his retail license suspended for all Ur part of the suspension; and WHEREAS, that procedure leaves sole discretion in the Local Licensing Authority if it is satisfied that certain conditions are satisfied; and WHEREAS, that procedure provides a formula by which a determination of the amount of the fine to be paid is determined; and WHEREAS, it is required that before such provisions may be implemented by a Local Licensing Authority, the governing body of the city, must choose to accept and adopt the optional procedures as set forth. fVOW, THEREFORE, be it resolved by the Town Council of the Towm of Vail, Colorado: 1., That the provisions of Section 12-46-107(5) to (8) and Section 12-47-110(3) to (6) which provide an optional procedure to the suspension of a retail liquor license are hereby accepted and adopted by the Town of Vail for implementation by the Local Licensing Authority. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AfVD ADOPTED this 18th day of June, 1996. Robert W. Armour, fVlayor ATTEST: Holly L. McCutcheon, Tovun Clerk C:\RESOLU96.10 whichever shatl first occur; except that, if the application to transfer the license has not nade which it deems desirable and may, in its sole discretion, grant the petition if it is been granted during the one-hundred-twenty-day period and the transferee demonstrates satisfied: _ good cause, the local licensing authority may extend, in its discretion, the validity of ' said permit for an additionai period not to exceed sixty days. ;I) That the public welfare and morals would not be impaired by permitting.the retail licensee to operate during the period set for suspension and that the payment of the (4) A temporary permit shall also be authorized in the event of a t'ransfer of possession Fine will achieve the desired disciplinary purposes; , of licensed premises by operation of law, a petition in bankruptcy pursuant to federal bankruptcy law, the appointment of a receiver, a foreclosure action by a secured party, , (II) That the books and records of the retail licensee are kept in such a manner that the or a court order dispossessing the prior licensee of all rights of possession pursuant to •loss of sales of fermented malt beverages which the retail licensee would have suffered article 40 of title 13, C.R.S. had the suspension gone into effect can be determined with reasonable accuracy therefrom; and (5) A temporary permit may be cancelled, revoked, or summarily suspended if the local or state licensing authoricy determinec that thesg ic rsQhag(e c3use ?c bet:s:~e tha; (III) That the retail licensee has not had his lieense suspended or revoked, nor had any the transferee has violated any provision of this article or has violated any rule or suspension stayed by payment of a fine, during the two yeats immediately preceding regulation adopted by the local or state. licensing authority or has failed to truthfully the date of the motion or complaint which has resulted in a final decision to suspend disclose those matters required pursuant to the application forms required by the the retail license. department of revenue. (b) The fine accepted shall be the equivalent to twenty percent of the retail licensee's 12-46-107. Suspension or revocation - fines. estimated gross revenues from sales of fermented malt beverages during the period of (1) The power and authority to suspend or revoke a license issued pursuant to this the proposed suspension; except that the fine shall be not less than two hundred dollars article extends to any local licensing authority. Such authority may, on its own motion nor more than five thousand dollars. ' - or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, suspend or revoke any license issued by such (c) Payment of any fine pursuant to the provisions of this subsection (5) shall be in the authority for any violation by the licensee or by any of the agents, servants, or employees form of cash or in the form of a certified check or cashier's check made payable to the of such licensee of the provisions of this article, or of any of the rules or regulations state or local licensing authority, whichever is appropriate. authorized pursuant to this article, or of any of the terms, conditions, or provisions of the license issued by such authority. Conviction of a violation of this article or any of (6) Upon payment of the fine pursuant to subsection (5) of this section, the state or the the rules and regulations authorized and adopted pursuant to this article shall be grounds J local licensing authority shall enter its further order permanently staying the imposition for, but sha(1 not be required prior to, such a suspension or revocation. of the suspension. If the fine is paid to a loca( licensing authority, the governing body of the authority shall cause such moneys to be paid into the general fund of the local (2) Notice of suspension or revocation, as well as any required notice of a hearing, licensing authority. Fines paid to the state licensing authority pursuant to subsection shall be given by mailing the same in writing by registered mail, return receipt requested, (5) of this section shall be transmitted to the state treasurer, who shall credit the same to to the licensee at the address contained in such license. Any ]icense may be temporarily the general fund. • suspended by the state or a local licensing authority without notice pending any prosecution, investigation, or public hearing. (7) In connection with any petition pursuant to subsection (5) of this section, the authority of the state or local licensing authority is limited to the granting of such stays (3) Nothing in this article shall prevent summary suspension of such license for a as aze necessary for it to complete its investigation and make its findings and, if it period not exceeding fifteen days. No suspension under this section shatl be for a makes such findings, to the granting of an order permanently staying the imposition of period longer than six months. the entire suspension or that portion of the suspension not otherwise conditionally stayed. (4) Whenever any license is suspended or revoked, no part of the fee paid therefor ' shall be returned or refunded to the holder of such license. (8) If the state or the local licensing authority does not make the findings required in ' . paragraph (a) of subsection (5) of this section and does aot order the suspension (5) (a) Whenever a decision of the state or any local licensing authority suspending a permanently stayed, the suspension shall go into effect on the operative date finally set retail license for fourteen days or less becomes final, whether by failure of the retail by the state or the local licensing authority. licensee to appeal the decision or by exhaustion of all appeals and judicial review, the • retail licensee may, before the operative date of the suspension, petition for permission (9) The provisions of subsections (5) to (8) of this section shall be effective and may to pay a fine in lieu of having his retail license suspended for all or part of the suspension be implemented by the state licensing authority upon its decision to accept and adopt , period.. Upon the receipt of the petition, the state or the local licensing authority may, the optional procedures set forth in said subseetions. The provisions of subsections in its sole discretion, stay the proposed suspension and cause any investigation to be (5) to (8) of this section shall be effective and may be implemented by a local licensing „ 22 23 authority only after the goveming body of the municipality, the governing body of the city and county, or the board of county commissioners of the county chooses to do so . and acts, by appropriate resolution or ordinance, to accept and adopt the optional procedures set forth in said subsections. Any such actions may be revoked in a similar manner. - (10) Each local licensing authority shall report all actions take? to impose fines, • suspensions, and revocations to the state licensing authority in a manner as required by . the state licensing authority. No later than January 15, 1989, and on or before every January 15 thereafter, a report of the preceding year's actions in which fines, suspensions, or revocations were imposed by local licensing authorities and by the state licensing authority shall be compiled by the state licensing authority. The report shall be consolidated with the report required pursuant to section 12-47-110. One copy of said report shall be filed with the chief clerk of the house of representatives, one copy shall be filed with the secretary of the senate, and six copies shall be filed in the joint legislative library. ' (11) Repealed, L. 90, p. 1604, 7, effective July l; 1990. Regulation 46-107.1. Suspension - revocation. A. Whenever a written complaint shall be filed with the licensing authority, charging any licensee for the manufacture or sale of fermented malt beverages wilh a violation of any law or of any or the rules or regulations adopted by the Stqte Licensing Authority, the licensing authority shall determine by investigation or otherwise the probable truth of such charges. B. If it shall appear therefrom or shall otherwise come to the attention of the ~ licensing authority that there is probable cause to believe that a licensee*has ~ violated any such law, rule, or regulation, the licensing authority shall issue . and cause to be served upon such [icensee a notice of hearing and order to show cause why his license should not be suspended or revoked. C. A hearing shall be held at a place and time designated 6y the licensing , authority on the day stated in the notice, or upon such other day as may 6e set for good cause shown. Evidence in support of the charges shall be given first, jollowed by cross-examination of those testifying thereto. The licensee, in . person or by counsel, shall then be permitted to give evidence in defense, and in explanation, and shall be allowed to give evidence and statements in mitigation of the charges. In the event the licensee is found to have committed the violation charged, or any other violation, evidence and statements in ' aggravation of the offense shall also be permitted. D. If the evidence presented at the hearing does not support'the charges stated in the notice and order served upon the -licensee, but standing alone establishes the guilt of the licet:see of a violation of some other law, rule or regulation, the licensee shall be permitted to give evidence and statements in ~ defense, explanation and mitigation if then prepared to do so. If such evidence' is not then available, but can be obtained by the licensee, the licensee shall state the substance thereof and upon his request the hearing may be recessed " for not more than ten days, and shall then continue under the same procedure as though no recess had occurred. 24 y . 24-4-105, C.R.S., and judicial review of the state licensing authority's decision shall be pursuant to section 24-4-106, C.R.S. _ 12-47-109. Records - inspection. Each licensee s6a1t keep a complete set of books of account, invoices, copies of orders, shipping instructions, bills of lading, weigh bills, correspondence, and all other records ~ necessary to show fully the business transactions of such licensee, all of which shall be open at all times during business hours for the inspection and examination of said state licensing authority or its duly authorized representatives. The state licensing authority may require any licensee to fumish such information as it considers necessary for the proper administration of this article, and may require an audit to be made of such books of account and records on such occasions as it may consider necessary by an auditor to be selected by said state licensing authority who shall likewise have access to all books and records of such licensee, and the expense thereof shall be paid by said licensee. • Regulation 47-109.1. Inspection of the licensed premises. A. The licensed premises, including any places of storage where alcoholic beverages are stored or dispensed, shall be subject to inspection by the State or Local Licensing Authorities and their investigators, or peace ojficers, during a[I business hours and all other times of apparent activity, for the purpose of inspection or investigation. For examination of any inventory or books and records required to be kept by licensees, access shall only be required during business hours. Where any part of the licensed premises consists of a locked area, upon demand to the licensee, such area shall 6e made available for inspection without delay; and upon reguest 6y authorized representatives of ~ , the licensing authority or peace officers, such licensee shall open said area for inspection. B. Each licensee shall retain all books and records necessary to show fully the business transactions of such licensee for a period of the current tax year and the three prior tax years. , I247-110. Suspension or revocation - fines. (1) In addition to any other penalties prescribed by this article, the state or any local licensing authority has the power, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke an y license issued bv such au;horitv for anviolation by the licensee or by any of the agents, servants, or employees of such licensee of the provisions of this article, or any of the rules or regulations authorized pursuant to this article or of any of the terms, conditions, or provisions of the license issued by such authority. In addition, any state or local licensing authority, in its discretion, may revoke or elect not to renew a retail license if it determines that the licensed location has been inactive, without good cause, for at least one year or, in the case of a retail license approved for a facility which has not been constructed, such facility has not been constructed and placed in operation within two years of approval of the license application or construction of the facility has not commenced within one year of such approval. Any licensing authority has the power to administer oaths and issue subpoenas to require _ , 23 ~ . . the presence of persons and the production of papers, books, and records necessary to (3) of this section shall be transmitted to the state treasurer, who shall credit the same to the determination of any hearing which the licensing authority is authorized to conduct. the general fund. - [Division note: See section 12-47-105(3)]. (5) In connection with any petition pursuant to subsection (3) of this section, the (2) Notice of suspension or revocation, as well as any required notice of such hearing, authority of the sfate or local licensing authority is limited to the granting of such stays shall be given by mailing the same in writing to the licensee at the address contained in as are necessary for it to complete its in4estigation and make its findings and, if it such license. Any license may be temporarily suspended by the issuing licensing makes such findings, to the granting of an order permanently staying the imposition of authority without ?otice pending any prosecution, investigation, or public hearing. the entire suspension or that portion of the suspension not otherwise conditionally Nothing in this section shall prevent the summary suspension of such license for a stayed. period of not more than fifteen days. No su-- ch s~spension shall be for a longerperiod than six months. If any license is suspended or revoked, no part of the fees paid (6) If the state or the local licensing authority does not make the findings required in therefor shall be returned to the licensee. paragraph (a) of subsection (3) of this section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative dat~finallv set (3) (a) Whenever a decision of the siaie or any iocal licensing authority suspending a by the state or the local licensing authoritv. retail license for fourteen days or less becomes final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all appeals and judicia] review, the (7) The provisions of subsections (3) to (6) of this section shall be effective and may retail licensee may, before the operative date of the suspension, petition for permission be implemented by the state licensing authority upon its decision to accept and adopt to pay a fine in lieu of having his retail license suspended for all or part of the suspension the optional procedures set forth in said subsections. The provisions of subsections period. Upon the receipt of the petition, the state or the local licensing authority may, (3) to (6) of this section shall be effective and may be implemented by a local licensing in its sole discretion, stay the proposed suspension and cause any investigation to be authority only after.the governing body of the municipality, the goveming body of the made which it deems desirable and may, in its sole discretion, grant the petition if it is city and county, or the board of county commissioners of the county chooses to do so satisfied: and acts, by appropriate resolution or ordinance, to accept and adopt the optional procedures set for[h in said subsections. Any such actions may be revoked in a similar (I) That the public welfare and morals would not be impaired by permitting the retail manner. licensee to operate during the period set for suspension and that the payment of the , fine will achieve the desired disciplinary purposes; , (8) Each local licensing authority shall report all actions taken to impose fines, q suspensions, and revocations to the state licensing authority in a manner as required by (II) That the books and records of the retail licensee are kept in such a manner that the ~ the state licensing authority. No later than January 15, 1989, and on or before every loss of sales of alcoholic beverages which the retail licensee would have suffered had January 15 therea8er, a report of the preceding year's actions in which fines, suspensions, the suspension gone into effect can be determined with reasonable accuracy therefrom; or revocations were imposed by local licensing authorities and by the state licensing and authority shall be compiled by the state licensing authority. The report shall be consolidated with the ieport required pursuant to section 12-46-107. One copy of said (III) That the retail licensee has not had liis license suspended or revoked, nor had report shall be filed with the chief clerk of the house of representatives, one copy shall any suspension stayed by payment of a fine, during the two years immediately preceding be filed with the secretary of the senate, and six copies shall be filed in the joint legislative the date of the motion or complaint which has resulted in a final decision to suspend ]ibrary. the retail license. (9) Repealed, L. 90, p. 1604, 7, effective July 1, 1990. (b) The fine accepted shall be the equivalent to twenty percent of the retail licensee's . , , estimated gross revenues from sales of alcoholic beverages during the period of the Regu[ation 47-II0.I. Comp[aints against licensees-suspension and revocation proposed suspension; except that the fine shall be not less than two hundred dollars ojlicenses. ' nor more than five thousand dollars. A. Whenever a written complaint shall be filed with a licensing authority, charging any licensee for the manujacture or sale of alcoholic liquors with a (c) Payment of any fine pursuant to the provisions of this subsection (3) shall be in the violation of any law or of any of the rules or regulations adopted 6y the State form of cash or in the form of a certified check or cashier's check made payable to the Licensing Authoriry, the licensing authority shall determine by investigation state or local licensing authority, whichever is appropriate. • or otherwise the probable truth of such charges. (4) Upon payment of the fine pursuant to subsection (3) of this section, the state or the B. If it shall appear therefrom or shall otherwise come to the attention of the local licensing authority shall enter its further order permanently staying the imposition licensing authoriry that there is probable cause to believe that a licerrsee has of the suspension. If the fine is paid to a local licensing authority, the governing body violated any such law, riile or regulation, the licensing authoriry shall issue ~ of the authority shall cause such moneys to be paid into the general fund of the local and cause to be served upon such licensee a notice of hearing and order to . licensing authority. Fines paid to the state licensing authority pursuant to subsection show ca:ise why his license shou[d not be suspended or revoked. 24 25 Y 4 RESOLUTdON NO. 11 SERBES OF 1996 A IRESOLUT90id A~THOR9ZiNG T9iE TOWIV nAANAGER TO ENTER @IVTO A CONTRACT TO PURCHASE LOT 34, B9.?FEEHR CREE14 SUBDIVASION. WHEREAa, there has been identified in the Town of Vail Comprehensive Open Lands Plan a high priority action to acquire access to the Buffehr Creek Park from Chamonix Lane and to increase outdoor recreation opportunities; and WHEREAS, Lot 34 would provide such access and allow for expansion of the Buffehr Creek Park; and WHEREAS, the Town has negotiated the attached contract for the purchase of Lot 34 of the Buffehr Creek Subdivision. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. That the Town Manager is hereby authorized to enter into the attached contact to purchase Lot 34 of the Buffehr Creek Subdivision and to take all other action necessary to close on the property arid acquire unrestricted title to said real estate. 2. While the present stated purpose for the purchase of the property is the expansion of the Buffehr Creek Park this property is not restricted in any way for any use consistent with the present or future zoning, sale or lease unless future action is taken to so restrict the property in the future. 3. This property is being purchased for the general public good and is not intended to create any rights or expectations in any third parties. 4. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of June, 1996. Robert W. Armour, Mayor ATTEST: Holly L. McCutcheon, Todvn Clerk C:\RESOLU96.11 P The printed portions of this form, except (italicized) (differentiated) additions, have been approved by the Colorado Real Fstate Commission. (CBS 3-9-95) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. VACANT LAND/FARM AND RANCH COATTRACT TO BUY AND SELI. REAL ESTATE June 17 1996 1.PARTIESANDPROPERTY. Town of Vail buyer(s) [Buyer], (as joint tenants/tenants in common) agrees to buy, and the undersigned seller(s) [Seller], agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of Eaqle , Colorado, to wit: Buffer Creek Subdivision Lot 34 knownasNo.1950 Chamonix Lane, Vail, CO 81657 Street Address City State Zip together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded (collectively the Property). 2. INCLUSIONS / EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of this contract: lighting, heating; plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrots, floor cwerings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), and garage door openers including remote contmis, (b) if on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (c) (d) Water Ri¢hts. Pumhase price to include the following water rights:N / a (e) Growi nj[Crons. With respect to the growing crops Seller and buyer agree as follows:N / a The above-described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale, deed or other applicable legal instrument(s) at the closing, free and clear of all taxes, liens and encumbrances, except as provided in Section L. 'Che following attached fixtures are exduded fmm this sale: 3. PURCHASE PRICE AND TERMS. The purchase price shall be $ 19 0, 0 0 0 , payable in U.S. dollars by Buyer as follows: (Complete the applicable terms below.) (a) EARIVEST MONEY. $ 10,000 in the form of Cashiers Ck. , as earnest money deposit and part payment of the purchase price, payable to and held by S3dler Redl Estate, Inc . , broker, in its trust account on behalf of both Seller and Buyer. Broker is authorized to deliver the earnest money deposit to the closing agent, if any, at or before closing. T'he balance of $ (purchase price less earnest money) shall be paid as follows: (b) CASH AT CLOSING. $ 180,000 , plus closing costs, to be paid by Buyer at closing in funds which comply with a(1 applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and [oan teller's check, and cashier's check, (Good Funds). Subject to the provisions of Section 4, if the existing loan balance at the time of closing shall be different from the loan balance in Section 3, the adjustment shall be made in Good Funds at closing or paid as follows: . (c) NEW LOAN. $ by Buyer obtaining a new loan. oan will be secured by a deed of trust. (lst, 2nd, etc.) T'he loan shal mortized over a period of years at approximately $ per including principal and interest not to exc % per annum, plus, if required by Buyer's lender, a deposit of of the estimated annual rcal estate taxes, property insurance ptemium, an ortgage insurance premium. If the loan is an adjustable interest rate or graduated payment ioan, the payments and interest rate initially shall not ed the Ggures set forth above. L.oan discount points, if any, shall be pai lender at closing and shall not exceed % of the total loan amount. Notwithstanding the loan's interest rate, the fiist loan discount points shall be paid by and the balance, if any, shall be paid by Buyer shall timely pay a loan orig+nation fee not to exceed %of the loan amount and Biryer's b3h coscs. (d) ASSUMP7'ION. $ by Buyer's assuming and agreeing to pay an existing in this approximate amount, presently payable at $ per including principal, interest presently at % per annum, including escrow for the following as indicalcd: ? real estate taxes, ? property insurance premium, ? mortgage insurance premium, and . Suyer agrees to pay a ioan transfer fee not to exceed $ . At the time of assumption, the new interest rate I not exceed % per agnum and the new payment shall not exceed $ principal and interest, plus escrow, if any. Seller ? shall ? shall not be released from liability on said loan. If applicable, compliance with the requ ents for release froln liability or reinstatement of eligibility shall be evidenced by delivery at closing of an appropriate letter from lender. Cost pq le fqr relcasC of Labilityr shall be paid by in an amount not to exceed $ (e) SELLER OR PRNATE THIRD-PARTY FINANCING. $ by Buyer executing a promissory note payable to: CBS3 9-95 Vacant Land/Farm and Ranch Contract to Buy and Sell Real Fstate Page 1 of 4 ISG-McAllister Publishing (800)336-1027 Prepared at Sadler Real Estate, Inc., Vail CO (303)476-3811 Initialed by 4 [The printed portions of this form, except (italicized) (differentiated) additions, have been approved by the Colorado Real Fstate Commission (CBS3-9-95)] on the note form as indicated: (Check one box only.) ? Right-to-Cure NTD 82-11-83 ? No Right-to-Cure NTD 81-1I-83 . 0 secured by a deed of trust encumbering the Pmperty, using the form as indicated: (lst, 2nd, etc.) (Check one box only.) , ? Strict Due-on-Sale ('TD 72-11-83) ? Creditworthy (T'D 73-11-83) ?Assumable - Not due on sale (TC) 74-11-83) ~ The promissory note shall be amortized on the basis of years, payable at $ per including principal and interest at the rate of % per annum. Payments shall commence a shall be due on the day of each succeeding . If not sooner paid, the balance of principal and accrued interest shall due and payable after dosing. Payments ? shall ? shall not be increased by of estimated annual real estate taxes, and ? shall ? shall not be increased by of estimated annual pmperty insurance premium. The loan shall also contain the following terms as indicated: If any payment is not received within calendar days after its due date, a late charge of % of such payment shall be due. Interest on lender disbursements under the d d of trust shall be % per annum. Defaul[ interest rate shall be % per annum. Buyer may prepay without a penalty except 4. FINANCING CONDITIONS AND OBLIGATIONS. (a) LOAN APPLICA7'IO N(S). If Buyer is to pay all or part of the purchase price as set rth in Section 3 by obtaining a new loan or if an existing loan is not to be released at closing, B~uyer, if required by such lender, shall make written applicat' n within calendar days from acceptance of this contract. Buyer shall cooperate with Seller and lender to obtain loan approval, diligently d timely pursue same in good faith, execute all documents and furnish aIi information and documents required by the lender, and, subject to Section 3 imely pay the costs of obtaining such loan or lender consent. (b) LOAN APPROVAL. If Buyer is to pay all or pan of the purchase price b obtaining a new loan as specified in Section 3, this contract is conditional upon lender's apprwal of the new loan on or before , 19 . If not so appmved by said date, this contract shall terminate. (c) EXYS7'ING LOAN REVIEW. If an existing loan is not to be re ased at closing, Seller shall provide copies of the loan documents (including note, deed of trust, modi~cations) to I3uyer within calendar ys from acceptance of this contract. T'his contract is conditional upon Buyer's review and approval of the provisions ~of such loan documents. Buyer con nts to the provisions of such Ioan documents if no written objection is received by Seller from Buyer within _ calendar days from Buyer's r eipt of such documents. If the lender's approval of a transfer of the Property is required, this contract is conditional upon Buyer's obtaining such a roval without change in the terms of such loan, except as set forth in Section 3. If lender's approval is not obtained on or before , 19 , this contract shall be terminated on such date. If Seller is to be released fmm liabif under such existing loan or if Seller's VA eligibility is to be reinstated and Buyer does not obtain such compliance as set forth in Section 3, this contr may be terminated at Seller's option. (d) ASSUMP7'ION BALAIVCE. If Buyer i o pay all or pan of the purchase price by assuming an existing loan and if the actual principal balance of the existing loan at the date of closimg is less than t amount in Section 3 and the amount of cash required from Buyer at closing is increased by more than $ , then Buyer may termin this contract effective upon receipt by Seller of Buyer's written notice of termination. (e) CREDI7' INFORMA77ION. If uyer is to pay all or part of the purchase price by executing a promissory note in favor of Seller or if an existing loan is not to be released at closing, this con ct is conditional upon Seller's approval of Buyer's financial ability and creditworthiness, which approval shall be at Seller's sole and absolute discretion n such case: (1) Buyer shall supply to Seller on or before 19 , at Buyer's expense, inf ation and documents concerning Buyer's financial, employment and credit condition; (2) Buyer consents that Seller ajf may verify Buyer's financial ability d credihvorthiness; (3) any such information and documents received by Seller shall be held by Seller in confidence, and not released to others except to tert Seller's interest in this transaction; (4) if Seller dces not provide written notice of Seller's disapproval tc Buyer on or before , 19 , then Seller waives this condition. If Seller does provide written notice of disapproval to Buyer on or before said date, this contract shal erminate. 5. APPRAISAL PRO IOAI. (Check on one box.) This Section 5[3 shall E] shall not apply. If this ction 5 applies, as indicated above, Buyer shall have the sole option and election to terminate this contract if the purchase price exceeds the Property's uation determined by an appraiser engaged by . The contract shall terminate by the Buyer causino the Seller to rec ' e written notice of tennination and a copy of such appraisal or written notice fmm lender which confirms the Property's valuation is less than the rchase price, on or before (Appraisal Deadline). If Seller does not receive ch written notice of termination on or before the appraisal deadline, Buyer waives any right to terminate under this section. 6. ST OF APPRAISAL. Co ny appraisal to be obtained after the date of this contract shall be tim ?v 8ai v , 7.1VOT ASSIGNABLE. This contrart shall not be assignable by Buyer wrthout Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 8. EVIDENCE OF TITLE. Seller shatl furnish to Buyer, at SeNer's expense, either a current commitment for owner's title insurance poliey in an amount equal to the purchase price or certified to a cunent date, on or before June 24 19 96 (Tide Deadline). If a title insurance commitment is furnished, Buyer may require of Se(ler that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of rr.cord in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together with any copies or abstracts oF instruments furnished pursuant to this Section 8, wnstitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than 5 calendar days after Title Deadline. If Setler furnishes a title insurance commitment, Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practical after closing. 9. 7TI'LE. (a) TITLE REVIEW. Buyer shall have the right to inspect the Title Documents Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Buyer and given to Sellee on or before 5 catendar dars aftcr Title Deadline, or within five (S) calendar days after receipt by Buyer of any Title Document(4) or endorsement(s) adding eew Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documenrc as sariS facrory, (b) MATt'ERS NOT SHOWN BY THE PUBLIC RECORDS. Seller shall deliver to Buyer, on or before the Title Deadline set fotth in Seclion 8, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Pmperty and shall disclose to Buyer all easements, liens or other title malters not shown by the public records of whir.h Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third Party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepanCy). Written notiCe of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller pn. or before June 24 , 19 96 , If Seller dces not receive Buyer's notice by said date, Buyer accepts tiUe subject to such rights, if any, of third parlles of which Buyer has actual knowledge. , , (c) SPECIAL TAXING DISTRI(°TS. SPECIAL TAXING DISTRICTS MAY BE SUBJEGT TO GENERAL OBLIGA'1'!ON BIVDEBTEpNESS TI IAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH P6STWCTS. PROPERTY ORTIERS IN SUCH DIS'TRICI'S MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIV13 TAX $URDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY O~ SUC1-9 r~ AIS'I'RJCI' TO DISCHARGE SUCH INDEBT'EUNESS WTTHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESII1C~q'j'~ THE DEaT CBS3 9-95 Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate ' ISG-McAllister Publishing (800)336-1027 Prepared at Sadler Real Fstate, Inc, Vail CO (303).d76-3811 Initialed by Page 2 of 4 A [The printed portions of this form, except (italicized) (differentiated) additions, have been approved by the Colorado Real Estate Commission (CBS3-9-95)] LPI-8 FINANCING REQUIREMENT'S OF THE AVTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING n4ILL LEVIES OF SUCH DISTRICI' SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection 9(b), this contract shall then terminate. If Seller dces not receive Buyer's notice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) RIGHT TO CURE. If Seller receives notice of unmerchantability of title or any other unsatisfactory tide condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to conect said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to conect said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory tit(e condition(s). 10. INSPEGTION. Seller agrees to provide Buyer on or before June 19 ,19 9 6 with a Seller's Pmperty Disclosure form completed by Seller to the best of Seller's current actual knowiedge. Buyer or any designee shall have the right to have inspection(s) of the physical condition of the Property and Inclusions at Buyer's expense. If written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Seller on or before June 20 , 19 96 (Objection Deadline), the physical condition of the Pmperty and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before June 21 , 19 96 (Resolution Deadline), this contract shall terminate three calendar days following the Resolution Deadline unless, within the three calendar days, Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inciusion as a result of such inspection. 11. DA7'E OF CLOSING. T'he date of closing shall be June 2 6 , 19 96 , or by mutual agreement at an eariier date. The hour and place of closing shall be as designated by purChaseZ' and sel ler 12. TRANSPER OF 7T7T,E, Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient qeneral warrantv deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and ~#~Oy . Title shall be conveyed free and clear of ail liens for special impmvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b), (iv) inclusion oF the Property within any special taxing district, and (v)subject to building and zoning regulations. 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS. DOCUMEIV7'S AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to be paid at closing, except as othenvise provided herein. Buyer and Seller shafl sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed $ 2 0 0 and shall be paid at closing by Purchaser dIId Se11eZ' . The (ocal transfer tax of N/A %of the purchase price shall be paid at closing by N/A . Any sales and use tax that may accrue because of this transaction shall be paid wfien due by Seller 15. PRORATIONS. Genezal taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, homeowner's association dues, and interest on continuing loan(s), if any, and shall be prorated to date of closing. 16. POSSESSION. Possession of the Pmperty shall be delivered to Buyer as follows:Day of c los inQ deliverv of Qeneral warrantv deed subject to the following lease(s) or tenancy(s): N/A . If Seller, after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of $ per day from the date of agreed possession until possession is delivered. 17. CONDI7'ION OF AND DAMAGE TO PROPER7'Y. Except as othenvise provided in this contract, the Property and Inclusions shall be delivered in the condition existing as of the date of this contnct, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent oF the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the date of possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Indusion(s) or service(s) with a unit of simitar size, age and quality, ot an equivafent credit, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the growing crops, if any, as pr'ovided in Section 2 and such party shall be entitled to such insurance pmceeds or benefits for the growing crops, if any. 18. TIME OF ESSENCE / REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF BiJYER IS IN DEFAULT: [Check one box only.] ? (1)SPECIFIC PERFORMANCE. Seller may elect to treat this contract as canceled, in which case all payments and things of value reeeiyed hereunder shall be forfeited and retained on behalf of Selter, and Seller may recwer such damages as may be proper, or Selter may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. ~ (2)LIQUIDATED DAMAGES. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf o( Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGFS and (except as provided in subsection (c) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller eacpresslywaives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specirie , performance or damages, or both. . (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 19. EARNES7' MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Setler agree that, in the event of aqy controversy regarding the earnest money and things of value held by broker or closing agent, unless mutual written instructions are received by the holder of the earnest rnoney and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's or closing agent's optfon and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover couR costs and reasonable attorney fees. 20. ALTERNATIVE DISPLJ7'E RE,SOLLJ770N• MEDIA77I0N. If a dispute arises relating to this contract, and is not resolved, thc parlies and bmkar(s) involved in such dispute (Disputants) shall 6rst proceed in good faith to submit the matter to mediation. The Disputants wjll jointly appoitit an aeceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar c0ays from the date written notice requesting mediation is sent by one Disputant to the other(s), the mediation, unless otherwise agreed, shall term{nate, 'rhis seccion ehall no~ alter any date in this contract, unless otherwise agreed. , CBS3 9-95 Vacant Land/Farm and Ranch contract to Buy and Sell Real Estate Page 3 of 4 ISG-McAllister Publishing (800)336-1027 Prepared at Sadler Real Fstate, Inc., Vail CO (303)476-3811 Initialed by ~ Phe printed portions of this form except (italicized) (differentiated) additions, have been approved by the Colorado Real Esate Commission (CBS3 9-95)]. 21. ADDI7'IONAL PROVISIOIVS: (The language of these additional provisions has not been been appmved by the Colorado Real Estate Commission). 1. See attac ed Addendum A on access agreement between owner of Lot 34 and owner of Lot 35 Buffer Creek subdivision. , 2. The parties understand and agree that this transaction is intended to be part of a tax-deferred exchange under section 1031 of the United States Internal Revenue Code, as amended. Purchaser shall not be involved in such exchange, but shall permit the direction of the proceeds of the purchase and sale into a qualified escrow established by the Seller with the closing agent or some other entity or person chosen by the Seller. The involvement of this transaction in a tax-deferred exchange shall not in any way delay or affect the obligations of the parties under this contract or the dates provided in this contract, including but not limited to the date of closing. 3. Prior to the negotiations for the sale of this propery, the seller had entered into an oral agreement with the Town of Vail to contribute up to 40% (which included Lot 34 and 35) for improvements to culverts on Buffer Creek and Circle Drive. By the sale of this property to the Town of Vail, seller is relieved of all such obligation. 22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 23. TERMINA7'IOAT. In the event this contract is terminated, all payments and things bf value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to Section 19. 24. SELLING COMPANY BROKER RELA7'IONSHIP. The selling broker, N/A , and its salespeisons have been engaged as . Selling Company has previously disclosed in writing to the Buyer that different relationships are available which include buyer agency, seller agency, subagency, or transaction-broker. 25. ATOTICE TO BLJYER Any nocice to Buyer shall be effective when received by Buyer, or, if this box is checked0 when received by Selling Company. 26.1VO7ICE TO SELLER Any notice to Seller shall be effective when received by Seller or Listing Company. . 27. A/IODIFICATION OF THIS CON7'RAGT. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 28. EN7'IRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. 29. NOTICE OF ACCEPTANCE: COUIV7'ERPAR7'S. T'his proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before June 19 at 9: 0 0 a. m. ,19 96 (Acceptance Deadline). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. Buyer Town o Vai y Ro er W. McLaurin Buyer Date of Buyer's signature ,19 Date of Buyer's signature , 19 Buyer's Address Seller June Sa er Seller Date of Seller's signature 119 Date of Selier's signature , 19 Seller's Address2 07 7 N. Frontaqe Rd. West Vail Co 81657 The undersigned Broker(s) acknowledges receipt of the earnest money deposit specified in Section 3, and Selling Company confirms its Broker Relationship as set forth in Section 24. Selling Company Name and Address By: ,19 Date • Listing Company Name and Address BY .19 Date 1Vote: ClosinB Instructions should be signed at the time this contract is signed. CBS3 9-95 Vacant Land/Farm and Ranch Contract to buy and Sell Real Fstate ISG-McAllister Publishing (800)336-1027 Prepared at Sadler Real Estate, Inc., Vail CO (303)476-3811 Initialed by Page 4 of 4 . ~ SLJHIIdARY DATE WORRSHEET . CBS3 vacant Land-Farm and Ranch Contract to Buy and sell Real Estate Purchaser. TowIl of Vdil Seller. June Sadler Date of Contract June 17 119 96 Section 29. Acceptance Deadline :TUIIe 19 at 9: 0 0 a. m. 119 96 Section 11. Closing June 26 ,19 96 Section 4. Financing Conditions and Obligations New Loan or Assumption Section 4(a). Loan Application within days of acceptance New Loan . Section 4(b). Loan Appmval , 19 Loan Assumption Section 4(d). Assumption papers to Purchaser within days of acceptance Section 4(d). Notice of papers unacceptable within days of receipt Section 4(d). L.oan Approval by Lender , 19 Owner Carry or Assumption Section 4(t). Credit Information to Seller , 19 Section 4(f). Disapproval of Credit , 19 Section 8. Evidence of Title Section 8. Title commitment or abstract June 2 4 , 19 96 Section 8. Copies of scheduled exceptions within 5 days of receipt of title Section 9. Title Section 9(a). Notice of Unmerchantibility of Title within 5 days of receipt of ti[le Section 9(b). Notice of unsatisfactory conditions June 2 4 , 19 96 Section 10. Inspection . Section 10. Notice of unsatisfactory conditions June 20 , 19 96 Section 10. Agreement for corrections June 21 , 19 96 -r• yure . . _ . . IYU. t311 P. 2 d~ I ~ C x ACCESs EMMIMT Jkc~ ~STR dated , 1996 JIIRTE SADI,~ ( o~ Sadler~+ ) and bdIY,L~ V. AND , is between ~ERSON (collectively, "~indersonP1) . ~R.SON ~d PA~'RIC~ W. ' nC.Us ' ~Ariderson is the record and beneficial owner of that cextain real property (the ^I,et 35 Propert}r") knvwn ae I,ot 35, Buffer Creek, Tornraa of Vail, Couzaty of Eagle, State of Coloradv. 2. Sadler is the reco$d and benefzcial owazer of that certain real property (tlae "Lot 34 Property") knobvra ag L0t 34, 13utfer Creek, Town of Vailo County of Eagle, State of Colorado. The Lot 35 Property and the Lot 34 Property are hegeinafter collectively o I x-eferred to as the "Lote". I 3_ In order to prvvide a twe.aat ; Chamonix Lane, a y f°°t w~-d@ access from public road maintained by the Town of Vail („Chamonix" ) to the Lot 35 Property and the Lot 34 Pxoperty, Sadler and Anderson desgre to grant reciprocal easements for aecess over, acxoss and through a twenty faot raide strap og land lvcated on the Lot 34 Property and the I,ot 35 Property, daith such twenty foot wide sscpip of 3and aB generalzy depicted ia the attached map; such tweaatgr foot vaide gtrip ie hereinafter re€erred to as the ^Common Access W . ~~3sETX Sadler and Andersvaa, for and in consideration of the recitals, tkae conveyaneee and covenants contazned hereinbelow and other good and valuable consideration, the receipt and su£ficaency of whieh are herebgr aclena~u].edg~ed, do Yaer~ a Y gx'ee ae follows : 1. Sadleg daes hereby se2.1 and cozavey to Anderson and a].g guture owners of the Y,ot 35 Property a non-ecelusive, perpetual easemeaxt and pight of way under, over, upon, across and through that portion of the Common Access which crosses the Lot 34 Pxoperty for the ptarpoBe of using, constracting, maintaining, repairirag, enlarging and reconstructixig roadways thereu on vehicular, bicyc1e and pedestrian ingrress and e p providing Lot 35 Prog~ert~r and Chamonixo ~'ess ~~t~en 2. Aaaciersoa daes hereby sell and convey tQ Sac3ler and a11 gutuare ovvriere og the Lot 34 property a non-eacclusiv~ eetual easement and right o£ wa~r under, over, upon, across and txphrough I th~t pog'tion of the Common Accese whach crosses the Lot 35 -Property I for the puxpose of ueing, conetructzng, mai$taining, repaixing, ~ enlarging and reconstruetiaag roadways tdaereupon provadiag -r•ilrNV.871 P.3 . ~ ~ vehieular, bicycle and pedestrian ,ingrese and eqress between the i Lot 34 property antl Chamonix. ~ 3. The easements granted hexein through the Common Access are hereinatter reterred to as the "Common Access Easement", The I Common Accesa Easement shall run with the land and $hall be appurtenant to the Lot 35 Property such that a transfer of Xega1 title to all or any portion of the Lot 35 Prvperty shall automatically transfer a proportionate intexest in the Common Accese Easement. The Common Access Easement shalI run with the land and ehall be appurtenant to the Lot 34 Property such that a transfer of legal title to all or any portion of the Lot 34 Property shall automatically transfer a proportionate interest in the Common Access Eaeement. 4• Sadler and Ariderson further agree and covenant as followg: (a) Either partY may CQnstruct a paved roadway (the "Raadway") upon the Common Acces$, The Roadway shall be caustructed with a minimum surface width of ahall have direct acce8e to Chamonix, shall be otherwfeet, ise eufficXent to a11ow two wheel dxive vehicles to traverse the Roadway and shall be constructed in compliance with the applicable rules, regulatione and requirements of the Town ot Vail. lvotwithstanding anything contained • hereinabove to the contraxy, upon completion of the Roadway as provided hereinabove, the cost and expense af Roadway (but not incZuding individual dri.vewaYB) shall be shared in equal proportione between the respective owners ot the Lats. (b) Once the Raadway has been constructed, the owner of the Lot 35 Property and the owner of Lot 34 Property eha11 each be responsible to pay 1/2 of a21 costs associated with the xepair and maintenance of the Roadway. (c) The Common Access Eaeement may be used for the purpo$es stated herein by Sadler and Anderson arad their respective tenants, gueste and invitees. (d) Each paz-ty shall zndemnify, defend and hold harmless the other from, against and with respect tp any eTaim, Ioes, damage, assessment, judgment, cost or . expense (including, without limitation, reasonable attorney'e fees and coets and expense8 reaeonably incurred in investigating, preparing or defending against any litigation or claim, action, suit, proceeding or I demand, of any kind or character), of or in any manner ~ relating or attributable to or arising aut of the use of ~ ~ 2 q ~uIt.lr .1»0 -.•.ilri`~ fV0.871 P.4 e I I ghe Roadway or the Comman Access by any persvra bY. I schxaragh og rinder the indemni£ying paxty. ~ • S. Each proviefon of sehzs CoYnmon Access Basement Agreement slzall -be enforceable by Sadler and Anderson by a proceedirag for a ~ prohibitive or maaidatorgr injunction Qr I reco~'er damages. Tf court proceeding$ are inata.t t d in conne tion with the rights pf 'enforcement and remedies provided in this ' instrument, the prevail.irag party shall be entitled to recover ite costs and expenses in coaanection therewith i.aaclrxdirag, without 1s.mitation, reasonable attorneyB' fees. 6. Tlaas Common Access Fasement Agreement ahall be binda.rag upon and gnure to tiae beraefit of the paxrties heretv and their heirs, per.sonal repxesentatives, succesaoxs and assigns and sha11 be construed under and goveraed by the laws of the State of Colorada. The singuXag number shall include the plural, the plural the singul.ar, and the use of any gerader saaall be applacable to all gertders. ~ 3N WITNES° ~~RIE0F, t2ii.s Instnament is executed effective as of the date firat set forth above. June Sadler William tT. Anderson Patricia W. An~eroon STATE OF COLORADO OF EAGLE ) as o ) The foregoing iaxstrumeaat was ac)csaowledged before me this dagr of Decernber' g,, 1995, by June SacUer. Willjam V. Andexson and Patricia W. Andersoza. Tnlitness my haaad and official seal. Nvtargr Pzablic My commissioai expires : fd3\ede0hent\L0t34ds35.aed Pale ffio. 2408-1 ~~0 11~ts/96 I 3 I ~ dd eb TORW OF VAdL 75 South Frontage Road Office of the Town Manager Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 MEMORANDUM TO: Vai4 Town Council FROM: Robert W. McLaurin„ Town Manager f'`-'~ DATE: June 18, 1996 SUBJECT: Town Manager's Report On Wednesday, June 19, 1996, Rodney Slater will be in town to inspect the Roundabout. Mr. Slater is the Administrator of the Federal Highway Administration and is responsible for overseeing all of the programs and maintenance of the highways under the purview of the FHWA. Accompanying Mr. Slater will be George Osborne, who is the Regional Administrator for the FHWA, Ralph Trapani, with the Colorado Department of Transportation, as well as other CDOT and FHWA officials. If you are interested in meeting Mr. Slater we will be meeting at the Town Hall at 7:00 p.m. This tour should take no more than 20 minutes. ABC School and L.earning Tree As you may be aware, the ABC School and the Learning Tree are day care centers which are currently located on Town of Vail property. The Town currently receives $1.00 per year in rent from both of these instifiutions. Both leases are set to expire on August 31, 2002. The ABC School's lease requires that the Town Council review the rental rate on or before July 1, 1996 for a possible increase. If the Council chooses to increase the rental rate the lease provides that the rent not exceed the fair market rent for the site. Although we are currently examining a number of revenue enhancements as part of our ten year budget process, I would not at this time recommend an increase in the rental rate for the ABC School. I believe that the vision of day care is critical to our community and any increases would be passed on directly to parents of these children. However, if you wish to discuss this in more detail please let me know and we will schedule it for a formal discussion. RWM/aw Q113RECYCLEDPAPER dd eb TOi~ OF VAIL 75 South Frontage Road Office of the Town Manager Yail, Colorado 81657 970-479-2105/Fax 970-479-2157 MEMORANDUM TO: Vail Town Council Robert W. McLaurin FROM: Pamela A. Brandmeyer, Assistant Town Manager DATE: Jurie 14, 1996 RE: Amphitheater Box Seats/Beaver Creek Chapel Baroque & Chamber Series Attached is a reservation list for those of you requesting use of the Preferred Patron Seating at the Amphitheater and for tickets at the Beaver Creelc Chapel for this summer's schedule of events. Please note the following: 1. Tickets for each event have been reserved for you based on this request sheet. I will make certain you have your ticlcets prior to the concert ...or directions as to where they may be picked up. Because I will turn "pool" tickets over to employees once you've made your selections...and because this program has become increasingly popular with employees, too...it is unlikely I will have tickets available once these initial choices are made. (ALWAYS CHECK YOUR PACKETS!!) 2. Importantly, if you find you cannot keep a requested date, please let me know so I can offer the seat to other Council Members, provide to Town Employees, or release it to the Amphitheater for sale. Please note at the End of the schedule the final two dance performances are on a pay-as-you-go basis. Payment should be made directly to the Vail Valley Foundation. I have also attached a schedule for the 1996 Soiree Series along with an order form for tickets. These tickets may be purchased at your own cost through Bravo! Please call me at work, 479-2113, or at home, 949-1966, if last minute changes occur. Thanlcs - and enj oy! ! ! PAB/aw Attachment Z,~.() RECYCLEDPAPER CJ BRA'VO1 CO]LORADO AND 7CHE VAgIL VE1g.]LEY FOUI~DA'd'IOIW 1996 SU19RMER SEASOIeT PERF'ORMANCE .?-UNE, .?-UILY, AND AUGiJST BGX HOLDER TOWN OF VAIL (4) DATE TICKETED EVENTS WISH TO ATTEND Saturday, June 29 Bravo! Rochester Philharmonic 6:00 p.m. Ford Amphitheater, Vail Rossini/Prokofiev/B eethoven Monday, July 1 Bravo! Rochester Philharmonic 6:00 p.m. Ford Amphitheater, Vail La Boheme Concert Version Thursday, July 4 Bravo! Rochester Philharmonic 3:00 p.m. Ford Amphitheater, Vail Patriotic Concert Friday, July 5 Bravo! Rochester Philharmonic 6:00 p.m. Ford Amphitheater, Vail Wild West Pops Concert Saturday, July 6 Bravo! Rochester Philharmonic 5:00 p.m. Village Green, Beaver Creek FREE Patriotic Concert Sunday, July 7 Bravo! Rochester Philharmonic 6:00 p.m. Ford Amphitheater, Vail Brahms/Elgar/Brahms Saturday, July 13 Bravo! Jazz Concert - Billy Taylor Trio 6:00 p.m. Ford Amphitheater, Vail Tuesday, July 16 Bravo! Chamber Music Classics I 6:00 p.m. Beaver Creek Chapel Shostakovich/B eethoven/Mendelssohn Wednesday, July 17 Bravo! Detroit Symphony Orchestra 6:00 p.m. Ford Amphitheater, Vail Glinka/Rachmaninoff/Tchaikovsky Friday, July 19 Bravo! Detroit Symphony Orchestra 6:00 p.m. Ford Amphitheater, Vail Dvorak/Schumann Sunday, July 21 Bravo! Detroit Symphony Orchestra 6:00 p.m. Ford Amphitheater, Vail Thomas/Lalo/Saint-Saens Tuesday, July 23 Bravo! Chamber Music Classics II 6:00 p.m. Beaver Creek Chapel Krommer/ S ingleton/Dvorak Wednesday, July 24 Bravo! Detroit Symphony Orchestra 6:00 p.m. Ford Amphitheater, Vail Pops Concert Music from the Movies Thursday, July 25 Bravo! Rochester Philharmonic 11:00 a.m. Ford Amphitheater, Vail Family Concert Friday, July 26 Bravo! Detroit Symphony Orchestra 6:00 p.m. Ford Amphitheater, Vail Strauss/Dvorak Sunday, July 28 Bravo! Detroit Symphony Orchestra 6:00 p.m. Ford Amphitheater, Vail Opera Favorites Tuesday, July 30 Bravo! Chamber Music Classics III 6:00 p.m. Beaver Creek Chapel Beethoven/S ingleton/Strauss/Schumann Thursday, August 1 Bravo! Baroque Concert 6:00 p.m. Beaver Creek Chapel Purcell/Telemann/V ivaldi/Handel/Bacl-i/Corelli Friday, August 2 The Paris Ensemble and The Joffery Ensemble 7:30 p.m. Vail International Dance Festival Ford Amphitheater, Vail Saturday, August 3 The Joffery Ensemble and the New Yark Ensemble 7:30 p.m. Vail International Dance Festival Ford Amphitheater, Vail Sunday, August 4 The New York Ensemble and The Paris Ensemble 7:30 p.m. Vail International Dance Festival Ford Amphitheater, Vail Tuesday, August 6 Bravo! Chamber Music Classics IV 6:00 p.m. Beaver Creelc Chapel B eethoven/Nin/Paganini/Mendelssohn Friday, August 9 Paul Mitchell International Evening of Dance I $75.00 per ticket Saturday, August 10 Paul Mitchell International Evening of Dance II $75.00 per ticket ~OUNCID[.l PLEASE 12E'g'URN TO PA1V~ BY lEVENING MEE7t'ING, .?-UNE 18,1996 Thank you for your cooperation in completing this checklist. You will be informed of additional performances as they are added to this summer's schedule. As has been done in the past, tickets will be divided equally (i.e., Pam will make arbitrary and capricious assignments). Please let me know if there is aperformance of particular interest to you, and if you prefer box or lawn seating. I would like to turn the remaining tickets over to the TOV employees after next Tuesday, 6/18/96. Looks like another terrific summer! tx- c , - " 1 : ~ j" ~Y~ t}+p''3" ~'"•w a~ su.j Mp A . . . . ~ c:~ y. . . t j V ~ k C h • . . -N . x ,~w . , BRAVO! COLORADO VAIL VALLEY MUSIC PE STNAL ~ ~ ~ . ~ . . ~ ` J ~996 SOIREE SERgES #w , • ~ . " ~ a ~ ,r Haydn Soiree I Hilliert ResidenCe, Beaver Cree12 uly 11 . { ~ Haycln, Francaix, Dvoralz ~ i!x' _ t ,f~-~r bh r T~YAtN~ L k `s. I-Iaydn Soiree II Eclborg Resiclence, Vail July 14 Haycln, RaChmaninoff, Cherubini, . s~ j, r Ravel i d ~ ~ ~ •;r'>_ t'^1~Y...,y°~5~+~ ~s~~ HaycIn Soiree III King CreeIz RanCh, McCoy July 18 y Benefit Haydn, 7'elemann, KoclalY, Wilder ~ A ~s ~ 'v ,,.~+t~•. . ~ r Haydn Soiree N Daly Resiclence, Vail July 31 Haydn, Ginastera, Moszlzowslzi AA`6,.~ ~ '~r ~ dlydn Soiree V il~Agostino Resiclence, V dll Al1gllSt 2"'``~ k1 t~ ~y~ HayclTl, Hd1lClel, V~ld LObOS, BdCYl ~ }a4. "~"~"r ~,~I k ~ ` aydn ,~oiree VI Rogel 12esidence, MountainStar August 4 ~ . . ~ - Haycln, Rachmaninoff/Gingo c~, 4 Kreisler, Rachmaninoff/Kreisler, ~ Rachmaninoff/Wac~.sworth, Barber : ~ ~y SY' J J~ ' ~ ~ Y~e„-~s-,~ k . _n_~ r .J'~ t T~. : ~,~c: ~ ~ • ,a,rr, ~ ~ ~ i ~ `~t ~ a ` , ~ = " ,y, f i a _p .`~~~;„~...1i ~ ~~~~~5~~ ~§~„..o v..qy.4~ , .~1. b ' ik ~ , w. `F~ . „ . W t f 4 i ,r~, p. ~ t^ ~ t ~fL~ ~ , ~ . , ~Ys. . "'s. ~ ~ y`~"~•• ~.t~ 9 ^ ~^a~ . r ~ r f~. i ~ .~rl~~ ~ .cru~~~~4~~t~ . +xr:, 1996 SOdR]CE ]t~~ERVATgON Please fax or mail: (970)479-0559 953 South Prontage Road, #104 Vail, Colorado 81657 Name: . Pfease charge Credit Caru-y:: Exp._ _ or Check Enclosed:$ or ' House Accour,t Address (late Juiie): # Tickets Amt. Total Thurs., July 11 (IIilbert) _ $125/pp Sun., July 14 (Edborg) $ p 25/pp $ Thurs., July 18 (King Creek) $500/pp Wed., July 31 (Daly) $125/pp $ Fri., August 2 (D'Agostinol $125/pp $ Sun., August zt (Rogel) $125/pp $ TOTAL $ ee e4 TOV'4' 1 tl OF V't`gIL , 75 South Frontage Road. Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR INIMED9A'TE RELEASE . June 11, 1996 Contact: JUdy Doster, 479-2174 Transit Operations Coordinator TOV MOVES TO SUMMER BUS R09JTE OPERATION UV6TH DEPd4RTURE SCHED9JLES FOR 8N-TOWN SHIDTTLE FOR 9MPROVED SERV6CE (Vail)--The Town of Vail has switched to its summer transit schedule. The free routes vuill run daily through Nov. 22. In addition to frequency increases on the in-town route between Lionshead, Vail Village and peak service to Ford Park, the summer operation includes continuation of departure schedules. The fixed departure schedules are designed to help riders more easily plan connections between the outlying and in-town buses and was introduced as a pilot program during the spring season. (In the past, in-town buses have established frequency based on the positioning, or spacing, of other buses on the route as opposed to departure times.) lin-'~own Shuttle/!laull VuBBage - Laonshead (wreth peak serrace to Ford Park) The in-town shuttle runs from 6:30 a.m. to 1:30 a.m. and provides new service to Ford Park during peak hours. The Ford Park stop along South Frontage Road was added to replace the Golden Peak stop, which has been temporarily discontinued, due to construction. Schedules for the in-town departures are posted throughout the Vi(lage/Lionshead route to include: (more) RECYCLED PAPER . ~ Summer Bus Schedule/Add 1 20-minute service between 6:30 a.m. and 7:30 a.m. • 12-minute service from 7:30 a.m. to 9:30 a.m. • 10 minute frequency from 9:30 a.m. to 9:30 p.m. • 12 minute service from 9:30 p.m. to 1:30 a.m. The in-town route will include the Ford Park stop from 9:30 a.m. to 9:30 p.m. Outlying Routes The East Vail route provides hourly service departing from the Transportation Center at 6 a.m., 7 a.m., 8 a.m., 9 a.m., 10 a.m., 11 a.m. 12 noon, 1 p.m., 2 p.m., 3 p.m., 4 p.m., 5 p.m., 6 p.m. 7 p.m., 8 p.m., 9 p.m., 10 p.m., 11 p.m., midnight and 2 a.m. The '2 a.m. route is combined with the Golf Course route. The Golf Course route departs every two hours from the Transportation Center at 7:35 a.m., 9:35 a.m., 11:35 a.m, 1:35 p.m., 3:35 p.m., 5:35 p.m., 7:35 p.m., 9:35 p.m. and 2 a.m. The 2 a.m. route is combined with the East Vail route. West Vail Green departs from the Transportation Center at 6 a.m., 7:20 a.m., 8:40 a.m., 10 a.m., 11:20 a.m., 12:40 a.m., 2 p.m., 3:20 p.m., 4:40 p.m., 6 p.m., 7:20 p.m., 8:40 p.m., 10 p.m., 11:20 p.m. and 2 a.m. The 2 a.m. route is combined with the Sandstone route. West Vail Red departs from the Transportation Center at 6:40 a.m., 8 a.m., 9:20 a.m., 10:40 a.m., 12 p.m., 1:20 p.m., 2:40 p.m., 4 p.m., 5:20 p.m., 6:40 p.m., 8 p.m., 9:20 p.m., 10:40 p.m., 12 midnight and 2 a.m. The 2 a.m. route is combined with the Sandstone route. The Sandstone route departs every two hours from the Transportation Center at 6:40 a.m., 8:40 a.m., 10:40 a.m., 12:40 p.m., 2:40 p.m., 4:40 p.m., 6:40 p.m., 8:40 p.m., 10:40 p.m., 11:40 p.m. and 2 a.m. The 2 a.m. route is combined with the West Vail (more) Summer Bus Schedule/Add 2 route. Bulke Racks Bike racks, arcommodating two bikes per rack, have been installed on the front of outlying vans and buses again this season. Although bikes are allowed inside outlying - vans or buses after dark, bikes are not allowred on the in-town shufitle system at any time. Gypsum-to-Vaul Expo-ess The Gypsum-to-Vail Express for commuters in Gypsum and Eagle, will maintain its non-peak schedule through Rlov. 22. iVlorning departure time in Gypsum is 6:45 a.m. with stops in Eagle, Avon and Vail. The afternoon departure time from Vail is at 4:30 p.m. Twro additional stops will be maintained at Cascade Village and the Lionshead information booth in Vail. Ot6uea- Servuces The town alsu operates a wheetchair lift-equipped paratransit van service for those who are unable to use the fixed route buses. For information, please call 479-2358. Vail's bus sysfiem is thought to be the largest free operation in the country, carrying more than 3 million passengers per year. Summer schedules are available at the Vail Transportation Center or from your bus driver. For additional information on the summer schedule, call the town's 24-hour bus line at 328-8143. # # # 9 dd eq TO1~VN ~F ~AIL 75 South Frontage Road Vail, Colorado 81657 970-479-21 DD FAX 970-479-2157 FOR INIIVIEDIAT[~ ~ELEASE June 11, 1996 Contact: Suzanne Siiverthorn, 479-2115 Community Information Office TOV SURVEY RESULTS SHOW OVERWIiELNIIIVG SUPPORT FOR WEST VAIL [INTERCHANGE 9nAPRO!lEMENTS AND AEFORDABLE F90USING SOLUTIOIVS (Vail)--Respondents to the Town of Vail's 1996 Community Survey say the town should increase its efforts to address the West Vail interchange and affordable housing issues. At the same time, citizens say the town should reduce its attention on construction of a new fire station, parking enforcement and development or expansion of parks. Key findings of the 50-question survey were presented to the Vail Town Council this afternoon (6-11 ) by IVolan Rosall, president of RRC Associates, a Boulder-based research firm which has conducted the annual survey for the past four years. The survey of 950 residents, business ouvners, commuters and second homeowners will assist in preparation of the 1997 budget as officials keep a close watch on sales tax revenues, which have not kept pace with inflation, and was flat in 1995. Because sales tax accounts for more than 50 percent of the town's general fund, Town Manager Bob McLaurin said the survey is a useful tool in helping to identify priorities and key focus areas. VUhen asked to prioritize the delivery of essential services under the framework of (more) RECYCLED PAPER k 4 Survey/Add 1 tightened resources, the West Vail interchange received the highest priority rating, 4.1 with 5 being the highest, when ranked against 37 other town services and projects. Affordable housing was next in line with a priority rating of 3.8, while most other services scored between 3.0 and 3.5. Construction of a new fire station received the lowest priority ranking with a score of 2.5, followed by a 2.7 ranking for parking enforcement and a 2.8 score for development or expansion of parks. McLaurin says he's surprised the interchange and affordable housing categories stood out so dramatically. "We knew they were concerns, but we didn't realize they overshadowed so many of our other services," he said. The town has been moving forward on both issues. Currently, the Public Works Department is working with the public to identify possible solutions for improvements to the West Vail interchange. Once a decision is reached, those improvements could begin as early as next construction season. Also, town planner Andy Knudtsen was promoted earlier this year to work on housing issues full-time as the town's senior housing policy planner. Much of Knudtsen's work has focused on the Vail Commons housing development. He'll soon turn his attention toward the Red Sandstone employee housing development, construction of seasonal units at the town's Public Works facility and a national pilot program involving a partnership with the U.S. Forest Service. Affordable housing and the West Vail interchange also surfaced among 12 town issues identified by survey respondents in an open ended question. The recurring issues in general order of priority are: (more) l 0 Survey/Add 2 0 Affordable housing/employee housing/housing issues in general 0 Grovuth/"controlled growth"/congestion/overbuilding 0 Parki ng 0 Environmental concerns 0 "Keeping" some aspect of Vail such as low rents, a desirable destination, -low property taxes; sense of community, service levels, etc 0 Open space 0 Economy 0 Traffic congestion and control/transportation/getting people out of cars Roads/improvements and maintenance 0 VVest Vail interchange 0 Vail Commons (negative) 0 "Loss" of some aspect such as sense of community, middle class, etc. Today's presentation also included a review of satisfaction ratings for town services. Among those services receiving the highest ratings uvere: ' 0 Main Vail roundabout 0 Fire protection and emergency medical response 0 Certain library activities 0 Free parking policy between 6-9 p.m. Among the lowest rates services were: 0 Road and street maintenance 0 Overall parking fee pricing structure 0 Certain functions of the Community Development Department, including development review process and building permit plan review and turnaround P?Iso, Council members learned that there is support among a majority of ' respondents, 58 percent, to find new local revenue sources, if necessary, to maintain current service levels in the community. Of the six options presented, the most preferred alternative is to create a lodging tax. The annual survey was distributed during the month of April to every postal boxholder and street address in Vail, plus a sampling of second homeowrners. For more information, contact Suzanne Silverthorn in the Community Information Office at 479-219 5. # # # Id e4 ri''u'WN OF VAIL ~ 75 South Frontage Road Office of the Town Manager Yail, Colorado 81657 970-479-2105/Faz 970-479-2157 June 11, 1996 Mr. Ronald Kovener 2266 East Cape C'od Drive Bloomington, IN 47401 Dear Mr. Kovener: Thank you for your letter of May 24, 1996. The Council has asked that I respond on their behalf. The Council recognizes and appreciates that the Vail Mountain is the reason we exist as a community. The Council is well aware that were it not for Pete Seibert's vision and the work of many others, ther•e would be no Town of Vail, no Vail Village, no Lionshead, or any of the other commercial establishmerits located within the corporate limits of the Town. The Council also recognizes we are in a partnership with not only the ski company but the business owners as well. Given the increasing competition in the ski industry and tourism in general, the Council believes it imperative that we continue to work collaboratively with the business community for our common good. Your point regarcling down valley residents who own businesses in Vail is a very valid one. The Town has tried to reach out to these individuals. The Task Force consists of numerous Vail business owners who live down valley. The 1996 community survey included 950 responses 16.5% of these responses were from those who identify themselves "not a resident of the Town of Vail." One of the Council's principle goals is to foster a more collaborative community, and to that end we have tried to reach out not only to down valley residents, business owners, and full time residents, but to second home owners as well. The Town's top capital priority for 1996/1997 is the West Vail Interchange. We are currently conducting an analysis of alternatives which would improve the safety and operational capacity of this intersection. This effort includes a technical analysis as well as a comprehensive public involvement process. This process will include on-site interviews, public meetings, and informal meetings, as well as origin destination surveys, in order to deternune the best alternatives for solving this problem. It is anticipated that the actual construction of this interchange will begin in the spring , of 1997. For your information, I have attached a copy of one of the flyers for this effort. RECYCLED PAPER Finally, the current planning effort is intended to reach out to the many constituencies who work, live, and are affected by Vail. It is, I believe, a truly collaborative planning effort which will enhance our economic viability and will foster and strengthen our sense of community. I have also attached a publication which was produced by the Task Force regarding the Vail Tomorrow project. Thank you for your letter. If you would like to discuss these issues further, please feel free to call me at (970) 479-2105. Sincerely, TOWN OF VAIL c~----- Robert W. McLaurin Town Manager ~ RWM/aw Enclosure ' xc: Vail Town Council Suzanne Silverthorn Susan Connelly ee e4 TONN OF ~AIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDleA ADVISORY June 12, 1996 Contact: Suzanne Silverthorn, 479-2115 Community Information Office !lAIL T0WN COUfVC@L H@CHL9GHTS FOR JUNE 11 Work Session Brae$s Council members present: Armour, Foley, Ford, Jewett, Johnston, Kurz, Navas --Presentation of Community Survey Results Nolan Rosall, president of RRC Associates, a Boulder-based research firm, presented key findings of the town's annual community survey, along with national skier numbers which showed little to no growth for the 1995-96 season. The community survey results included a list of 12 key "issues" identified by the 950 respondents, prioritization and satisfaction levels of municipal services and a listing of preferred methods to address affordable housing. Affordable housing dominated the top issue of concern by those who filled out the survey. For additional details, please see the news release issued June 11. Survey charts and graphs also are available by calling the Community Information Office at 479-2118. --Discussion of Gore Creek Promenade Loading and Delivery With the Council Chambers filled with merchants, delivery drivers and others interested in the loading and delivery issue--and no easy solutions--the Council asked Town Manager Bob iVicLaurin to prepare a staff proposal for future consideration by the Council and those impacted. The recommendation will be presented in the near future. The action followed an hour-long discussion about what to do with delivery trucks in 4he Village core. The discussion was prompted by complaints from merchants along Gore Creek Dr. who say they've endured the economic burden of loading and delivery activity in front of their shops long enough. Niost of those sympathetic to the problem acknowledged that any short-term solution would provide a bandaid, at best, until the issue is addressed long-term in the form of a centralized underground facility (although one member of t:he audience said even that wasn't a solution that will please everyone). Several suggestions were offered to help provide temporary relief. They include: coordinating earlier morning delivery to restaurants and shops; experimenting writh a loading and detivery zone in the middle of the street to increase access to shops on either side; possible night delivery; relocation of the trucks from Gore Creek Dr. to 4he Interna4ional Bridge area; the hiring of additional personnel to help unload the trucks; experimentation of a remo4e delivery system on a small scale; and reducing the time ~ (more) RECYCLEDPAPER Council Highlights/Add 1 allowed for large trucks to be in the core. Council members Sybill Navas and Paul Johnston each pressed for working to develop a long-term solution to the problem, as well as short-term adjustments. For more information, contact Town Manager Bob _ McLaurin at 479-2105. --Goals and Critical Strategies Discussion Next, the Council reviewed a chart identifying goals, strategies and actions that were developed at a retreat earlier this year. There are five goal areas: economic stability, infrastructure, transportation, local housing, and community collaboration. For more information, contact Town Manager Bob McLaurin at 479-2105. --Information Update During a housekeeping discussion, Council members were briefed on the status of name tags, the Town Council photo display at the entrance to the Council Chambers, the June 12 Open House at Ford Park, and an educational seminar on water issues from 6:30 to 9 p.m. in the Avon Town Council Chambers this Thursday (6/13). --Council Reports Kevin Foley said the Regional Transportation Authority would be interviewing to hire a director by the end of the month. He also said organization of the Trails Subcommittee is underway. Sybill Navas gave a report on a meeting of the Channel 5 Board of Directors and representatives from the towns of Vail, Avon and Minturn, regarding the status of an operating grant requested of TCI. If TCI denies the grant request, Channel 5 will suffer a financial hardship, Navas said. The Council members agreed to initiate a dialogue with TCI to encourage continuation of TCI operating support of the station. --Other Sybill Navas shared a conversation she'd had with a guest who asked about availability of wheelchairs for temporary access to the Village. Assistant Town Manager Pam Brandmeyer indicated wheelchairs are available for temporary use at the Village parking structure. UPCOMING DISCUSSION TOPICS June 18 Work Session Audited Financial Statements Pay-in-Lieu Parking Discussion of Ordinance # 13, Reorganizing and Amending Sign Code Discussion of We Recycle Operation June 18 Evening Meeting First Reading Ordinance # 13, Reorganizing and Amending Sign Code Second Reading Ordinance # 12, Amending Title 17 # # # 6/13l96 4:06PAA Robert E. Ford 970.476_9384 Page 1 oi 1 MEMORATTDUM FAX Ta COUNCIL MEMBERS ONE PAGE TO: Fetlow Council Members FROM: Rob Ford RE: Delivery/Parking problems in the village core DATE: June 12, 1996 Since our last meeting, I have had the opportunity to discuss the delivery parking problems with several people who are in the business of selling food to the restaurants. It seems that years ago the food purveyors delivered to Vail three times a week. However, over the past several years competition between these purveyors has heated up. As a way to gain market share, the purveyors offered more services namely 6 and even 7 day deliveries. The restaurants have grown dependent on the high number of deliveries because it is "easier" but not necessarily critical to their operations. I have also found out that it is common practice for these trucks to sit in the delivery zones with engines and refrigeration units running until the restaurant owners show up to accept delivery. I recommend that we limit restaurant delivery to the village cores to three days a week between the hours of 8:30 AM and 10:00 AM in the present loading zones. If the restaurants necessitate additional deliveries during the week, these can be made from outside the core. I further propose that the UPS and FEDEX deliveries be made from the . location at check point charlie to the international bridge. These vehicles do not make the noise of the food trucks and thus will not bother the residents of this area and are a visual impediment to no one. The three day delivery schedule will force the restaurants to plan a bit better but if they don't the additional hassle of bringing in the goods on other days will be borne by the restaurants amd the purveyors. This will limit the number of noisy vehicles in the core areas to only essential deliveries. The shorter delivery time will also force the restaurants to make an effort at coordinating delivery and acceptance so that the trucks are not idly wasting time in the loading zones. Some food for thought. _ , ee e4 ~OW N OF VAIL 75 South Frontage IZoad Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IhAIIAED9ATE RELEASE June 17, 1996 Contact: Andy Knudtsen, 479-2440 Senior Housing Policy Planner H AIlL COAYAAtlEObtlS HOUa7IN131 CON0 RlbYp @ S FI1r6+iLIZGDy F~RSII C(LOSIBbGS II O O9.oCUR ~Etl SEPTGMBER (Vail)--The remaining contract for a home at Vail Commons was signed today (6-17), marking another milestone in the town's first local housing development. Construction of the 53 for-sale units started in mid-May. Some of the townhomes will be ready for occupancy in September. The 53 soon-to-be homeowners vuere selected in a lottery drawing in Niay and will close on their properties once construction is completed. Andy Knudtsen, the town's senior housing policy planner, says the two-and-a-half-year old project is beginning to pay off."Although Vail Commons tias been controversial in the past, affordable housing is becoming a reality," he said. "The lottery winners were thrilled the night of the lottery. To see people so excited about home ownership in Vail has made the process well worth while." Forty-nine of the original 53 uvinners were under contract within five working days of the lottery. Then, when four of the original lottery winners opted out of the project (two cited concerns about remaining in the valley and believed that home ownership did not match their future needs; the other two did not specify reasons), contracts were awarded to the first four applicants in line on the reserve list, the last of which was ~ (more) RECYCLEDPAPER Vail Commons Demographics/Add 1 signed today. The reserve list, now with eight applicants, could be activated again if someone has difficulty following through during the closing. Despite today's milestone, Knudtsen says there's little time for reflection. He's now compiling results of a housing survey sent to the 400-plus individuals who expressed interest in Vail Commons. He's also developed a demographic profile of the 73 prequalified lottery applicants. Among the findings from the pool of 73 Vail Commons lottery applicants: • 74%, or 54 of the 73 applicants, both live and work in Vail • Average age is 35 years old • Youngest is 24 years old • Oldest is 58 years old • Average number of years worked in Eagle County is 8 • Shortest work history in Eagle County is 1 year • Longest work history in Eagle County 22 years • Average family size is 1.5 • 24 out of 73 applicants live with roommates • Individual incomes averaged $27,000 for 1995 • Individual incomes ranged from a low of $10,000 to a high of $56,000 • Income for 63% of the lottery pool ranged between $20,000 and $30,000 Knudtsen says the most significant findings show success in implementing the Town Council's policy decision to create a housing opportunity for people who are already living and working in Vail. "We now know there is a market and a desire to live and work here," Knudtsen said. "This is significant because of what we hear about so many locals moving down-valley. However, we also realize the need for locals housing is much more diverse than just Vail locals," he said. "As we developed the application, we heard that many residents who currently live down-valley had interest in returning to Vail. Though these people may have been discouraged by the Council policy rewarding longevity in Vail, there stitl appears to be a strong interest in moving to Vail (more) . Vail Commons Demographics/Add 2 to put down roots." He said the survey findings will be available in the next few uveeks and will shed more light on the specific groups most interested in affordable housing. Knudtsen says he's also surprised by data showing a high level of interest and the financial capability to purchase a Vail Commons unit by single person households. Forty-nine of the 73 appficants were from single person households, vuhile 13 applicants had two family members; seven had three persons in the family; and four applicants were from families of four. The homes, ranging from a low of $107,500 to a high of $159,500, are one-third the price of comparable homes. A deed restriction on each property will cap appreciation to three percent annually to keep the unit affordable for future Vail residents. Also of interest to Knudtsen is data showing a large number of applicants, 44%, who have been employed in Eagle County five years or less. "This could serve an incentive for future lottery applicants," he said. "It means your changes of winning could be strong, even if you don't have longevity as a long-term resident of the area." On the other end of the continuum, 12 percent of the applicants have lived in Eagle County for 18 to 22 years. "This means we're beginning to fill a niche for a variety of people in a variety of situations," Knudtsen said. In addition to collecting the housing data, Knudtsen's upcoming responsibilities will include breaking ground on seasonal housing at the Town of Vail public works facility, a joint effort with the Upper Eagle Valley VUater and Sanitation District in Red Sandstone and a pilot housing project with the U.S. Forest Service. # # # Printed by Anne Wright 6/17/96 8:17am From: Pam Brandmeyer To: Annie Fox, DEPT DIRECTORS Group, Dick Duran, Georgie Manzanares, Larry Grafel Subject: WHEELCHAIRS ===NOTE====______====-6/15/96==3:22pm== CC: Anne Wright Sesides the VTRC location, Robin Litt w/VA called to let me know the Activities Desk in the Gondola Building ALSO has 2 wheelchairs available - no charge. ANNE: Please xc: Council. Thanks! Page: 1 0 Pp , 0 • ~e-v' • • 6 P~FORUM NXTH" SH"NULD AFOR ~ IM TS ~ S P E A K E R S JnxEALExwNDgR Chairman, National Endowment for the Arts ~ VN L ROBEIi'H' P. B£RGAh4A1V Director, The Cleveland Museum of Art; Chairman, American VALL Association of Museums W. H. Brady, Jr. Distinguished Fellow, American Enterprise InstitUte for INSTIT T~ IYNNII I CHEII Public Policy; Sunday Co-Host, CNN "Crossfire"; former Chairman, National Endowment for the Humanities OPFN THOA4.4S HOVIPTQp TD T1-IE PUBUC Author &c Commentator, foat:ul*... hComroissero _ WTII-IOITT CEIARGE Magazine; former Director, Metro}?ti7its~i:Museum;of;Ark::.; Ey~CCuY.Y.OC~ -I,O SA [q~p L ll Ji~yy B.H.~ 1~E~. Fxectitive Director, PresidenYs Coinmitfe..e:;Aifs aM;tihe:;: Humanities JuNE PENELorE MccPHEIE 3-5 g~ 1L"m Director of Arts and Culture Prcigrarr~s JqhriS. St~mes ~t;<:; Foundation; President, Grantm$ker$ IxurtArtowu Roona TriE LoncE ar Yan OR MODERAT FORUM Vau,, Cotoxano «:;::<:;:>::s D ; RICHAItID e .Ar Professor and Director of:ttie ~iter fo~ Pr~lalTC ~ . . : Issues, the University of De~ivet;~oin-EzG4~t;o€~atq.a~:;;;;;;:;>«# . . The Open Fonun is the p~iir potnoi~ of t2~ 2~. .z~. . day annual seminaL At the ~ot?isu;..s~kers :Fll tt~ztce b#e,f pt~1~E3vfi.s and entertain questions from;E~ie autlle~ce. Res€~~tiAi'~:VE;t~ec`~sat}x #f yw require further informarion;;~i3l::t~:#nstlE~iti ~i~~7~>f:~fr. ..-N«:;:'`:;: We are ffratefN for yoar eontinaed sapport for Wis endeavor. Slifer Smith & FramptoIl . 9afl Associates Real Estate - `is proud to haQe raised oaer - ' - $100,000 foe Ea¢le County Libraty darin¢ We past 6ee years. Slifer Smith & ~ Frampton Vafl Associates Real Estate ~ Invites Ion to the 61h AnIlaal Western Hoedown to BeIlefit The Eaffle County Libraries Wednesday JNy 10 6 to 9:30 pm GBI'tOIl~S SalOOIl Bail, Colorado . ~ Cocktails R.S.B.P ~ Dinner 90 per Person Auction 910 per Child Iine Dancing Western Attire Liae Masic . : _ . SSF & VA / Western Hoedown Drawer 2770 Ayon, CO 81620 mclosed ia my reser9ation for personc. Cost is $50 adNts, SIO children 2-12 years, 8500 per table for 8 people. Corporate Table AdNts Children Please list names oi all people attendin¢ on reverse side of this card. : - - _ - . - = - For Phone Reseroations, Call Traei GalYin (970) 845-9200 . . , .:T - ' ' : ' . . : . Make Checks Payable to Stifer Smith & FramptoNPA Real 6state . Papment by Check or Credit Card Oisa MasterCatd Etpiratiou Date Card Hnmber ` Aathoriged Si¢uatare We re¢ret that we cannot attend bat wonld like to contribate t All donatlons are tat dedaetlble. Ioar Rame ' Address . . • ; . . ; Mee8ang ManuBes , . . Wednesday, May. 8, 1996 ` - c- ` Avon, Colorado N V (3 C Board Mennbers Present: . Alorm Woucl, Ciry of Avon Dan Birch, Steamboai Springs Water ; Larry Crispell, Town of Breckenridge Mati Schmidt, Three Lakes Water dc San. Sam Freeman, Town of Dillon Alick Tacinas, Three L,akes Water di San. Lee Merkel, Town of Dillon IGent Rose, LJEVCSD: . _ : , Clay Broevn, Town of.Frisco . Jon Zdechlik, Town of Frisco Advisorw IVlembers and Guestsi . . ° • . IVanci Kerr, Town of Kremmling Jeff Houpt, Colloia, Houpt & Lighf . ` ~ . ; . . _ . . Peg Toft, Town of Kremmling . Stan Cazier, Middle Park Consen-aUon Dist"` Joel Brownson, Town of Winter Park Chais Treese, Colo. River Water Cons: D'est Darryl Shrum, Town of Winter Park Eric ICuhn, Colo. River. Water:Cons: Dist. .:Tom Yackey, Tovm of Yampa Bud Gates, Eagle County . 00 Stafif" Present: . _ . . ' Paul Ohri, Grand County - Barbara Green, NWCCOG -QQ Dick Thompson, Grand County Lane Wyatt; NWCCOG- QQ Gary Lindstmm, Swnmit County ARonique Gilbert, NWCCOG-QQ . - . ARarsha Osborn, Summit County - Robert Ray, NWCCOG Elizabeth Black, Copper Mtn. Water & San. Sandy Blaha, NWCCOG . , . Bruce Hutchins, Grand Cty. Water & San. _ • " Recap o6' the Il9961Legas6agave Se.sseon Testimony by elected officials; especially : QQ finished up the legislative session relatively when representatives from counties, towns, intact. Attacks on HB 1041 were stopped, the and special districts support each other's final instream flow bill, SB 64, is what we testimony. . - , . lobbied for, and many of the most onerous: . c~ Testimony that inciudes real world~examples.'~.'. takings bills were defeated. Enclosed is.a brief regarding the effects of the proposed recap of the bills of interest to QQ and their:'. legislation were particularly effective: final status. Ifyou would like Jo Evans' m.ore 4 Faxes to legislators with specific requests comprehensive legislative report dated li~ay-:5; and examples were more effective tliazi~ 1996, please call lvionique at (970) 468-0295 phone calls as calls may not always be " - x117 and we'll be happy to send you a copy,';. directly delivered to legislators: The Board discussed QQ's effectiveness du`ring " F~ECOfliifi/~Ef~1DED CFI~?iiIGES this year's legislative session and brainstornretl d More contact with legislators, in particular,'~:'~`:;-:~;~ what worked and what changes were.: develop relationships during off-season by: recommended for next year. ~ . . o informal "cocktail" parties in the £all VVHAT V1lORKED - ask legislators how we can be most ~ Jo Evans is an effective lobbyist that effecfive in reaching them -represents QQ welt. . - < send tharilc you 'notes.for supporting : our positions on legislation: printed on - ecycled paper . . ' . A . . . . ' ' . . - ~ ~ ~ During the session, copy all our messages to • QQ agendas for quarterly meetings should legislators to CCI and CML, so they can include an opportunity to discuss-major follow our positions. projects or development proposals in QQ ? Invite CCI and CML to a QQ meeting so communities, particularly when these they can get a better sense of QQ and meet projects may have impacts off-site. - ~ ' more of our members • QQ Staff was directed to propose an MOU, ~ - ? Go to CNII. Growth Committee Meeting amendment to regulations, application . _ ? Put on a"How to Testify" workshop for QQ process, or some other approach to require a::: members - project proponent to refer development.,...~- proposals to other jurisdictions for The Plumbing of the Colorado Rive.r and: . comments. The "host" jurisdiction could. Eagle Couaty ~ elect.to have some form of joint review withEric Kuhn; Assistant Secretary-Engineer with ^ the impacted communities. the Colorado River Water Conservation • QQ Staff was also directed to inventory the ~~.District gave QQ. an overview of water riglits,. various land use regulations in QQ member - major water structures, and the overall governments, and beyond, that are designed . plumbing of the Colorado River, with. particular to protect water quality from new growth emphasis om Eagle Counfy. and water development projects. After developing this inventory, the staff will One issue of concern that was raised was the , develop model ordinances for QQ members late season river flows in the Eagle River: ; The to review, and potentially adopt. ` ; . - depletion impacts of gowth in Eagle County _ are detrimentally affecting the Eagle River: : This discussion will continue at the meeting'in Recent years have seen the Eagle River flows August, after further research is conducted by' dropping below the CWCB's instream flow: . QQ Staff. rights. - - QQ Dues Structure Eric reviewed information developed by the Discussion concerning revision of the QQ dues: . f _ Eagle River Assembly to determine in=basirr.. structure was continued from_the last meeting. water needs and discussed the water projects After further research, QQ Staff determined : currently under consideration by Colorado that using taps as the base of the dues structure... Springs and Aurora in Eagle County. would not be feasible due to the difficuity in obtaining accurate numtiers: Dues based,on::'* Cooperative Approaches to Mitigating millions of gallons per year appears to be the Impacts of Transmountain_Diversion, most viable option for municipal members: Projects in the Future Further. discussion and formalization of the Does it make sense.to think of our ar.ea-as a dues structure will occur at,the next meeting in' system or as individual entities? :August. If yes to a system, how do we work together? . . . 208 Plan _ The afternoon session of the quarterly meeting. The 208 Plan was approved by the NWCCOG focused on a discussion of how the towns and Board on March 28th. Many towns and counties in the QQ region can work together to counties have already adopted resolutionsor protect water quality. Several decisions ce motions to adopt the 208 Plan and RoberE Ray. out of this session, including: encouraged other entities to do so. The Water . , . - printed on rL^ycled paper - . . . . ~ . . ~1 , . ' . . . , . . . . ~ ' ' . ' . . . Quality Control Commission will hold its about QQ activities.. If you would like to join.. hearing on the Plan on July 8th. Please call staff in attending any of these meetings, please Robert at (970) 468-0295 x 104 for more - ca111iRonique or I,ane. . information. . . 2 Smnarnerpn8ern QQ has a summer 'intern; : . Og~er Taylor Hawes, who will be working on.various - 2 Breckeeapadge Sanitataon Dd$vacP 7'akaeags legal issues includin9.1041 regulations and . ' . Sua8 The Breckenridge Sanitation DistricY has , takings.during her sojourn wieh: us. Taylor will been sued by a California man who is be staiting her: tturd-year at the :Vermont'I:aw . , developing property in Breckenridge. The School in the fall where she is sttadying : properiy owner claims that the District's rate - environmental law. stnacture is an unconstitutional takings. . plans to track this issue and perhaps get Ynore - involved as the situation warrants. Barbara' UpcoBaneng Events:. Crreen will be available to assist the Breckenridge. Sanitation District on this takirags . claim. QQ will keep members updated on the lawsuit at the quarterly meetings. Please call QQ Quarterly Ivleeting will. be field on. t~ndy Carlberg at 453-2723 for more The next . Wedne.sday, Augenst 9t}a.in Cirand.Courity: y y information. ~ The meeting will.include a tour ofVllolford , IVlountain Reservoir. Please mark your.: ~ C'WCB dnstream Flow ArogpcamEric : calendars and plan to attend!!- •Kuhn also supplied. QQ with an update on what is happening with the CVdCB instream"flow. The next executive committee.meeting will be_ program. The CWCB, as part of their long ~ held on Wednesday, July 10, 9:30 a.m:,-at the ` range plans, will be looking at the program. in horne, NWCCOG offices in Silvert . ~ ~ . ` depth with pa.rticular attention on two issues: How should instream flow rights be enforced? Is the cold water fishery analysis the only ; . : _ . . element to look at.when defining the : - - , : . : . . . . : "environment to a reasonable degree" - or ` shouldother considerations such as - ~V.-- As maintaining riparian zones, warm water . _ . , ~ ' ~ . : • • _ fisheries, and water quality also be taken' into account? The CWCB wi1F be holding a series of ineetings . this summer to discuss these issues. Eric ~ : , . . . . ..,4, , . . . . . ' encouraged QQ to get tnvolved and contribute .-to the process. . . . . . . - - . : . . ~ On 7'3ae dload QQ Staff wiil be hitting the . road in the next couple of weeks to talk to towns and counties about the QQ Committee . and update members and prospective members printed on rer._ycled paper F]INAL STATUS OF BILLS OF INTIEREST TO QQ . House Bills . ' - HB 1124 RESOLUTION OF DISPUTES/LAND USE RESTRICTIONS (Hagedorn, Rizzuto) Position: Oppose; Status: dead ' HB 1150 GOVERNMENTAL TAKINGS OMBUDSMAN PROGRAM (prinster) • Position: Oppose; Status: dead HB 1197 ENVIRONMENTAL AUTHORITY Ow Schrceder . . . . ( . ) . . _ ' < • Position: Oppose; Status: neutered in legislature; signed by Governor Romer . . . HB 1243 INSTREAM FLOW (George) . . . . Status: withdrawn - , HB 1272 DELINEATION ENVIRONMENTA&-AtrWORITY (Adkins;~Schroeder) Position: Oppose; Status: dead- - • . . - , . I~B 12',4 ~ZES ~:L:INTS ON THE USE OF P~tIVATE P.ROPERTY BX GOVERNMENTAL - ENTITIES (Prinzler, Rizznto) _ Position: Oppose; Status: dead HB.1303 PROTECTION OF PROPERTY DEVEI:OPMENT.~ RIGHTS (McPhersoq:Schroeder) Position: Oppose; Status: vetoed by Govemor Romer ~j.;'. _ , . , . ; ~;i:. . HB 1305 REMEDIES FOR VIOLATION OF P1tOPERTY.RIGHTS BY:GOVERNMENTAL ENTITIES.(Lamborn, Prinzler) ~ . - . Position: Oppose; Status: Failed in House Appropriations Cominittee . . = _ : . Senate Bills . , : - - SB 48 LAND USE - 1041 POWERS.(Norton, McElhaney) Position: Oppose; Status: dead , SB 61 IMPROVE EFFICIENCY OF COUNTY.PI:ANMNG (Alexander) . - Position: Oppose; Status: signed by Governor Romer SB 64 INSTREAIVI FLOW (Norton, Jerke): - . , . Position: Support; Status: signed by Governor Romer _ SB 69 REGULATORY IMPAIRMENT OF. PROPERTY lE2IGHTS (Norton,Anderson)._:: Position: Oppose; Status: Vetoed by Governor Romer SB 145 WATER RIGHTS (Dennis, Entz) _ Position: Oppose; Status: dead : . - . c- SB 219 PROTECTIGN iDF WATER RIGHTS '(Ament, Norton, Jerke)_' y... ~ . . Position: Oppose; Status: dead : r~- : , . ' . - _ . ' . . _ ' _ _ . NWCCOG Wa ter Quality/Quantity P.O. Box2308 - - Silverthorne, CO 80498 ~ (970) 468-0295 To Robert McLaurin Town Manager RECEIVEIO. j,IU,N~ Town of Vail e Rd. W. 75 S. Fro ntag (u,~, Vail, CO 81657 printed on recycled paper ` RECEIVEa_J11N 1 3 . 4?`4~ : c`~~;• P,'~~~~R ING ONE A NoTxERo uomNG76GETxER TO PROTECT' ~HE ~NvIRONAHNT : IP~ease Jofln t~~ Annual Meeting of the Hazardous aste Commission ' Business Meeting starts at 4000 pm Annual Meetflng stafts at 6°00-8e00 pan Agen - Federal Facilities Environmental Restoration Dialogue Committee Report - Howard Roitman - Community Involvement in Environmental I)ecision 1Vlaking - Jeannine Natterman - ° PANEL DISCUSSIOIV = VALUE OF COMMMTY INVOLVEIVIENT ~ Jirn 1Vlock, Rollins I-iighway 36 Land Disposal Company ~ Bonnie Exner-Rader, Citizen Advocate Sam Johnson, Citizen Advocate Steve Flaniken, I-iazen 1Zesearch June 189 199.6 C~~~ora~~ ~~pdrtment of Public Health. a~~ ~~~ironment Cleere cC~~~erence Room I s$ ~~~or ~ Bu~lding A 4300 C1~erry Creek Drive South ~~nver9 CO 80222 ~t To RSVP or for more information call Laurie Simmons at 303-692-3325. 5 T 4oi~ ee e4 TOWN OF VAIL 75 South Frontage Road T/ail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR iIIAMEDBATE RELEASE June 18, 1996 Contact: Russell Forrest, 479-2146 Jennifer Burstein, 1-800-925-2220 Sr. Environmental Policy Planner Volunteers for Outdoor Colorado LOCAL VOLQ.?NTEERS NEEDED TO EiELP BdJ9LD VA9L'S NORTH TML, JUNE 29-30 (Vail)--About 100 local volunteers are needed next weekend, June 29-30, to help construct the first mile of the new North Trail in Vail. When completed, the new iVorth Trail will stretch about 15 miles, connecting Trappers Run in West Vail to Spraddle Creek. iViore than 4,000 hours of donated labor are needed to complete the project, said Russell Forrest, the town's senior environmental policy planner. An experienced crew assembled by Volunteers for Outdoor Colorado will lead next weekend's trail building project. . Volunteers over the age of 14.are needed to donate time between 8 a.m. and 5 p.m. next Saturday (6-29) or Sunday (6-30). No special skills are needed to participate in 4he work. Tools and supplies will be provided on sifie. Workers should meet at 8 a.m. each day at the Soccer Field for transport to the work area. Volunteers will be treated to a free dinner on Saturday (6-29) evening. Interested workers should preregister by calling Volunteers for Outdoor Colorado at 1-800-925-2220. The trail building project, coordinated by Volunteers for Outdoor Colorado, is paid for with grants from the Town of Vail and Great Outdoors Colorado. Volunteers from the (more) RECYCLEDPAPER North Trail Work Weekend/Add 1 Front Range are being recruited to help in the project, as well. The North Trail will be constructed above the valley among the aspen trees and will run east-to-west on the mountainside between I-70 and the Gore Range Wilderness Area. The 38-inch wide "soft" trail will have moderate grades and will provide access to a wide range of user groups, Forrest said, including hiking, mountain biking and cross country skiing. The trail is designed to reduce pressure on overused wilderness trails near Vail. A map will identify areas best for hiking and areas for biking. The trail also will provide an interpretive station to inform trail users on local flora and fauna. The North Trail project was identified as a high priority action in the Town of Vail's 1994 Comprehensive Open Lands Plan. Once completed over four phases of construction, the North Trail will connect more than 122 miles of trail managed by the U.S. Forest Service and Vail Associates. The trail will also connect over 16 miles of recreational paths within the town's boundaries. If you'd like to register as a volunteer for next week's project, contact Volunteers for Outdoor Colorado at 1-800-925-2220, or contact Forrest with the Town of Vail at 479-2146. # # #