HomeMy WebLinkAbout1996-12-03 Support Documentation Town Council Evening Session r
VAIL TOWN COUNCIL
EVENING MEETING
TUESDAY, DECEMBER 3, 1996
7:30 P.M. IN TOV COUNCIL CHAMBERS
AGENDA
NOTE: Times of items are approximate, subject to change, and cannot be relied upon to
determine at what time Council will consider an item.
1. CITIZEN PARTICIPATION. (5 mins.)
2. CONSENT AGENDA: (5 mins.)
A. Approval of the Minutes for the meetings of November 5 and 19,
1996.
3. Ordinance No. 18, Series of 1996, first reading of an ordinance repealing
Dominic Mauriello and reenacting Ordinance No. 7, Series of 1995; An ordinance amending
Special Development District No. 5 and providing for a development plan
and its contents; permitted, conditional and accessory uses; development
standards, recreation amenities tax, and other special provisions; and
setting forth details in regard thereto. (30 mins.)
This is a request for a major amendment to SDD #5 (Savoy Villas/Simba
RunNail Run) to allow for modifications to the previously approved
development plan for the Savoy Villas development located at 1230 Lions
Ridge Loop. Applicant: BWAB, Inc., represented by Chris Klein
ACTION REQUESTED OF COUNCIL: Approve/Deny/Modify Ordinance
18, Series of 1996, on first reading.
BACKGROUND RATIONALE: The applicant is requesting a major SDD
amendment to modify the approved development plan for Phases 2 and 3
of Savoy Villas, located in Phase II, Development Area B, in Special
Development District #5 (Simba RunNail Run). The property is located at
1230 Lions Ridge Loop and is bounded by the Timber Ridge Apartments to
the west, the North Frontage Road to the south, Simba Run to the east, and
Lions Ridge Loop to the north. Ordinance No. 18, Series of 1996,
implements the revisions to this SDD.
The following is a summary of the request. Please refer to the memo to
Town Council, the PEC memo, and site plans in the Council packet for more
detailed information.
• The proposal adds 1 free-market unit to Building #5 for a total of 2
free-market units and 2 EHUs.
• The proposal adds an additional story to Building #5 for a total of 4
stories, one of which is substantially below grade. The additional
story was added upon the PEC recommendation that the applicant
provide a three-bedroom EHU (1,300 sq. ft.) in the building instead
of the 600 sq. ft. one-bedroom EHU originally proposed. The PEC
also recommended that 2 enclosed parking spaces be provided.
The building is now 46' in height from existing grade (in the worst
case scenario) and approximately 35' in height above the Lions
Ridge Loop elevation.
• Building #5 is located in the same area as previously approved and
adds about 126 sq. ft. of site coverage.
7
• Seven (7) of these conditions were conditions placed by Council on
the 1995 development plan. Three (3) of the conditions have been
satisfied by the applicant since the PEC review. The memo, which
details the conditions, is in the Council packet.
• The remainder of the plan remains unchanged from the 1995
approval.
STAFF RECOMMENDATION: The Community Development Department
recommends approval of Ordinance No. 18, Series of 1996, on first
reading.
4. Ordinance No. 25, Series of 1996, first reading of an ordinance re:
Steve Thompson supplemental appropriations. (10 mins.)
ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 25, Series
of 1996 on first reading.
BACKGROUND RATIONALE: This is the second supplemental
appropriation in 1996 to account for unexpected expenditures, pass through
of revenues or reimbursement for expenditures, use of department savings,
and unexpected revenues.
STAFF RECOMMENDATION: Approve Ordinance No. 25, Series of 1996
on first reading.
5• Ordinance No. 23, Series of 1996, second reading of the budget. (10 mins.)
Steve Thompson
ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 23, Series
of 1996 on second reading.
BACKGROUND RATIONALE: Annual appropriation Ordinance No. 23,
Series of 1996 will adopt the 1997 budget and approve the 1998 budget.
STAFF RECOMMENDATION: Approve Ordinance No. 23, Series of 1996
on second reading.
6• Ordinance 24, Series 1996, second reading of an ordinance providing for
Andy Knudtsen the establishment of Special Development District No. 33, Red Sandstone;
adopting a development plan for Special Development District No. 33 in
accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth
details in regard thereto; and
Ordinance 20, Series 1996, second reading of an ordinance rezoning
three tracts from General Use Section 18.36 to Medium Density Multi-Family
Residential, Section 18.18 generally located at 945 Red Sandstone Road.
Applicants: Eagle River Water and Sanitation District, Town of Vail,
United States Forest Service. (30 mins.)
ACTION REQUESTED OF COUNCIL: Approve/Deny/Modify Ordinances 20
and 24, Series 1996 on second reading.
BACKGROUND RATIONALE: On November 19, 1996, Council approved
Ordinances 20 and 24, Series 1996, on first reading. Please see Council
Packet for additional background information.
STAFF RECOMMENDATION: Staff recommends approva{ of Ordinances
20 and 24, Series 1996, on second reading.
.
7. Resolution No. 21, Series of 1996, a Resolution authorizing employees of
Christine Anderson the Town of Vail to purchase, sell, resell, to NonNest Investment Services,
Inc.; and setting forth details in regard thereto. (10 mins.)
ACTION REQUESTED OF COUNCIL: Adopt Resolution No. 21, Series of
1996.
BACKGROUND RATIONALE: Per Investment Policy, we need another
company.
ACTION REQUESTED OF COUNCIL: Adopt Resolution No. 21, Series of
1996.
8. Presentation of Investment Report. (10 mins.)
Christine Anderson
ACTION REQUESTED OF COUNCIL: None.
BACKGROUND RATIONALE: The Investment Policy requires that the
Investment Report be presented to Council annually.
9. Town Manager's Report. (10 mins.)
10. Adjournment - 9:30 p.m.
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE AppROXIMATE AND SUBJECT TO CHANGE)
I I I I I I I
THE NEXT VAIL TOWN COUNCIL SPECIAL WORK SESSION
WILL BE ON TUESDAY, 12/10/96, BEGINNING AT 12:00 P.M. IN TOV COUNCIL CHAMBERS.
THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BE ON TUESDAY, 12/17/96, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BE ON TUESDAY, 12/17/96, BEGINNING AT 7:30 P.M. IN TOV 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:VIGENDA.TC
.
MEMORANDUM
TO: Town Councii
FROM: Community Development
DATE: December 3, 1996
SUBJECT: A request for a major amendment to SDD #5 (Savoy Villas/Simba RunNail Run)
to allow for modifications to the previously approved development plan for the
Savoy Villas development located at 1230 Lions Ridge Loop and described as
follows:
That part of the First Supplemental Map for Simba Run Condominium, according to the map thereof
recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most southwesterly corner of said map, thence the following three courses along the
westerly lines of said map; 1) N03°33'01"E 160.79 feet; 2) N12°50'33"E 144.72 feet; 3) N17°56'03"
70.60 feet; thence, departing said westerly line, S13° 16'03"W 157.26 feet, thence S76°43'57"E 91.50
feet; thence N13" 16'03"E 35.00 feet thence S76"43'57"E 72.31 feet to the easterly line of said map;
thence ihe following two courses along the easterly and souiheasterly lines of said map; 1) S24"44'57"E
52.38 feet; 2) S52"50'29"W 272.50 feet to the Point of Beginning, containing 0.6134 acxes, more or less;
and
That part of Simba Run, according to the map thereof, recorded in Book 312 at Page 763 in the Office of
the Eagle County, Colorado, Clerk and Recorder, described as fotlows:
Beginning at the most southerly corner of said Simba Run, thence the following four courses along the
southwesterly and northwesteriy lines of said Simba Run; 1) N37°09'31"W 233.28 feet; 2) 334.57 feet
along the arc of a curve to the left, having a radius of 1771.95 feet, a central angle of 10"49'06", and a
chord that bears N42" 13'20"E 334.07 feet; 3) N36°48'48" E 201.36 feet; 4) 15.96 feet along the arc of a
curve to the right, having a radius of 428.02 feet, a central angle of 02"08'12", and a chord that bears
N37"52'54" E 15.96 feet to a corner on the westerly boundary of the First Supplemental Map for Simba
Run Condominium, according to the map thereof recorded in the office of the Eagle County, Colorado,
Clerk and Recorder; thence the following four courses along said westeriy boundary; 1) S21 °51'28"W
69.90 feet; 2) S17°56'03"W 181.17 feet; 3) S12` 50'33"W 144J2 feet; 4) S03"33'01"W 160.79 feet to
the southeasterly line of said Simba Run; thence, along said southeasterly line, S52°50'29"W 113.08
feet to the Point of Beginning, containing 1.560 acres, more or less.
Applicant: BWAB, Inc., represented by Chris Klein
Planner: Dominic Mauriello
I. DESCRIPTION OF THE REGIUEST
The applicant is requesting a major SDD amendment to modify the approved development plan
for Phases 2 and 3 of Savoy Villas, located in Phase II, Development Area B, in Special
Development District #5 (Simba Run/Vail Run). The property is located at 1230 Lions Ridge
Loop and is bounded by the Timber Ridge Apartments to the west, the North Frontage Road to
the south, Simba Run to the east, and Lions Ridge Loop to the north (see attached PEC memo
for a complete history of this project, the zoning analysis, and site plans for the development).
1
•
Currently Buildings #1 and #2 are constructed on the site. Design Review approval has been
given for Building #3 and #4 and they will be developed according to the 1995 plan, which
remains unchanged for this portion of ihe site.
Building #5, under the 1995 plan and SDD ordinance, contained 3 units, 2 of which were EHUs.
The plan also included a 686 sq. ft. office space for the condominium association and a 466 sq.
ft. two-car garage for the free-market unit.
The proposed modifications to the 1995 approved plans include an increase in the number
of free-market units and GRFA in Savoy Villas, by adding 1,308 sq. ft. of GRFA and one
additional unit to Building #5 in Phase 2, for a total of 21 units for the entire project.
Building #5 will now contain 2 free-market units and 2 Type III EHUs. One EHU will contain 600
sq. ft. of GRFA and the other EHU is a three bedroom unit containing 1,300 sq. ft. of GRFA. The
2 free-market units will contain at total of 2,427 sq. ft. of GRFA. Common area stairways contain
414 sq, ft. of floor area (not included as GRFA). Therefore, this structure will contain 4,327
sq. ft. of GRFA total.
At the October 14, 1996 PEC meeting, the PEC recommended that the applicant modify the
proposed plan to provide a three bedroom EHU and two enclosed garage spaces. The applicant
has provided the recommended changes. The proposed plan adds an additional floor to the
building for a totaf of four stories, one of which is substantially below grade. Additionally, the
building envelope is expanded slightly from the 1995 approval, with the addition of 126 sq. ft. of
site coverage.
The number of enclosed parking spaces now remains unchanged from the 1995 approval.
However, the percentage of enclosed parking in Savoy Villas has been reduced, due to the
increase in the surface spaces on-site, from 52% (24 spaces) in 1995 to 49% (24 spaces) in
1996.
The parking required for these 4 units is 8 parking spaces. Two parking spaces are required for
each free-market unit, 3 spaces are required for the three bedroom EHU, and 1 parking space is
required for the one bedroom EHU (since this EHU is 600 sq. ft. or less in GRFA). The proposed
plan provides 6 surface spaces and 2 enclosed parking spaces for Building #5.
The pedestrian path required for the development by the previous approval has been relocated
between Buildings #2 and #3 and connects with the driveway proposed for Phase 3(Building #6).
The floor plans show a deck which extends into the 10' utility easement along the east property
line. The applicant has indicated that they will pursue an encroachment agreement to ailow the
third level deck, but if they are unsuccessful at obtaining such agreements from all utility
companies, and the Town of Vail, they will remove the proposed deck from the easement area.
The remainder of the plan remains unchanged from the previous approval.
The 1995 ordinance has many specific requirements with respect to the phasing of the
development, the recordation of the pedestrian, bike path (public access), and drainage
easements, the timing of the recordation of EHU restrictions, and the final approval of the access
to the North Frontage Road by CDOT and the Town Engineer.
2
II. PLANNING AND ENVIRONMENTAL COMMISSION ACTION
The Planning and Environmental Commission, at its November 11, 1996 meeting, recommended
approval of the request for a Major SDD Amendment to SDD #5 for the Savoy Villas
development. The recommendation of approval carries with it the following conditions (kindicates
condition of approval from 1995 Council approval):
*1. The applicant provide an update to the hazard report for the property prior to
obtaining a Building Permit for Building #5 of Savoy Villas.
*2. The Town shall not issue a Temporary Certificate of Occupancy for any unit in
Building #4 or Building #5 (according to the Savoy Villas phasing plan) until such
time as Temporary Certificates of Occupancy and deed restrictions have been
issued for both of the "Type III" EHU units in Building #5.
"'3. The applicant agrees to construct and maintain a public pedestrian path through
the property (north to south) and will arrange for the grant of a public access
easement to the Town of Vail prior to the Town's issuance of any TCO for any of
the Phase II condominiums (according to the Savoy Villas phasing plan).
*4. The applicant shall obtain a Colorado Department of Transportation access permit
for the proposed triplex driveway prior to the Town's issuance of any building or
grading permits for the three townhomes (Building #6, Phase 3, Savoy Villas)
located on the lower bench of the development.
'S. The applicant shall grant to the Town of Vait a drainage easement through the
property, to provide for the existing drainage flow which currently enters the site
between the proposed Building #5 and Building #4. The developer shall provide
this easement to the Community Development Department for approval before the
Town will release any Temporary Certificate of Occupancy for units in the Phase II
Condominiums (according to the Savoy Villas phasing plan).
*6. The applicant shall provide a bike path easement for any portion of the existing
bike path located upon the applicant's property. The easement shall be executed
and submitted to the Community Development Department by the developer
before the Town wiil release any Temporary Certificate of Occupancy for units in
the Phase II Condominiums (according to the Savoy Villas phasing plan)..
'7. Prior to the issuance of a building permit for the three townhouse units in Phase 3
of Savoy Villas, the applicant will receive final approval from the Town of Vail
Engineer regarding driveway location and drainage plans in Phase 3.
8. The building elevations for Building #5 are not approved and must be approved by
the Design Review Board.
9. The applicant shall increase the size of the 8 evergreens adjacent to Building #5
to 12' - 14' in height and shall add additional Aspens of 3" - 4" caliper subject to
the review and approval of the Design Review Board.
3
10. The applicant shall provide executed encroachment agreements for all relevant
utility companies and the Town of Vail for the deck encroachment in the 10' utility
easement along the east property line or shall eliminate the deck encroachment,
prior to submitting the project for review by the Design Review Board.
11. The applicant meet with staff to revise the floor plan of the three-bedroom EHU to
allow a more usable layout (a larger living room) and that the north elevation be
modified prior to DRB application.
The applicant has revised the floor plans and building elevations based upon condition #11
above. The layout of the three-bedroom EHU has been reorganized to improve the living room
area and to add more windows to the building. The PEC was concerned that this EHU was not
laid out to accommodate the needs of a family, as the IivFng room and kitchen areas were very
small. The applicant has also redesigned the north building elevation to make it more consistent
with the remainder of the building and other structures on-site. The PEC was concerned about
the appearance of this elevation and has requested that the DRB take a close look at this
elevation.
The landscape plan has been amended to comply with condition #9 above.
_ The applicant has also provided an update to the hazard study as required by condition #1.
The proposed Ordinance No. 18, Series of 1996, is attached and includes the above referenced
conditions of approval, excluding conditions #1, #9, and #11, which have been fully addressed.
Attachments inctude the ordinance, revised plan reductions, and the PEC memo.
III. STAFF RECOMMENDATION
The Community Development Department recommends approval of Ordinance No. 18, Series of
1996, on first reading.
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ORDINANCE NO. 18
Series of 1996
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 7, SERIES OF 1995; AN
ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 5 AND PROVIDING FOR A
DEVELOPMENT PLAN AND ITS CONTENTS; PERMITTED, CONDITIONAL AND ACCESSORY
USES; DEVELOPMENT STANDARDS, RECREATION AMENITIES TAX, AND OTHER SPECIAL
PROVISIONS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development
districts within the Town in order to encourage flexibility in the development of land; and
WHEREAS, an application has been made for the amendment of Special Development
District (SDD) No. 5 for a certain parcel of properry within the Town, legally described in the
attached Exhibit A, and commonly referred to as the Simba RunNail Run Special Development
District; and
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission, on October 14, 1996, held a public hearing on the amended SDD, and has
submitted its recommendation to the Town Council; and
WHEREAS, all notices as required by Section 18.66.080 have been sent to the
appropriate parties; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial
to the Town and its citizens, inhabitants, and visitors to amend SDD No. 5; and
WHEREAS, application has been made to the Town of Vail to modify and amend certain
sections of Special Development District No. 5, which relate to Development Area B, and which
make certain changes in the development plan for Special Development District No. 5 as they
specifically relate to Development Area B; and
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of
the Municipal Code of the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
[Note: Text that is strieken is being deleted and text that is shaded is being added.]
SECTION 1
The Town Council finds that all the procedures set forth for Special Development Districts .
in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied.
Page 1 Of 13 ordinance No. 18, Series of 1996
Y
SECTION 2 - Purposes.
Special Development District No. 5 is established to ensure comprehensive development
and use of an area in a manner that will be harmonious with the general character of the Town,
provide adequate open space and recreational amenities, and promote the objectives of the
Zoning ordinance. The development is regarded as complementary to the Town by the Town
Council and the Planning and Environmental Commission, and there are significant aspects of
the special development which cannot be satisfied through the imposition of standard zoning
districts on the area.
SECTION 3- Special Development District No. 5 Established.
(A) Special Development District No. 5 is established for the development on a parcel
of land comprising 8.84 acres in the Lions Ridge area of the Town; Special Development District
No. 5 and said 8.84 acres may be referred to as "SDD No. 5".
(B) The Vail Run building, consisting of 55 dwelling units, approximately 18,000
square feet of commercial space, a swimming pool and three tennis courts, shall be known as
Development Area A. The remainder of the property containing approximately 6.3 acres shall be
described as Development Area B(Simba Run and Savoy Villas).
SECTION 4 - Approval of the Development Plan Required Prior to Development.
(A) Before the developer commences site preparation, building construction, or other
improvement of open space within SDD No. 5, there shall be an Approved Development Plan for
said district.
(B) The proposed development plan for SDD No. 5, in accordance with Section 4
hereof, shall be submitted by the developer to the Zoning Administrator who shall refer it to the
Planning and Environmental Commission, which shall consider the plan at a regularly scheduled
meeting, and a report of the Planning and Environmental Commission stating its findings and
recommendations shall be transmitted to the Town Council in accordance with the applicable
provisions of Section 18.66 of the Municipal Code.
(C) The Approved Development Plan shall be used as the principal guide for all
development within SDD No. 5.
(D) Amendments to the Approved Development Plan shall conform with Chapter
18.40.100 of the Municipal Code.
Page 2 Of 13 Ordinance No. 18, Series of 1996
(E) Each phase of the development shall require the prior approval of the Design
Review Board in accordance with the applicable provisions of Chapter 18.54 of the Municipal
Code.
SECTION 5- Content ot Proposed Development P)an.
The Proposed Development Plan shall include, but is not limited to the following data:
(A) An Environmental Impact Report, which shall be submitted to the Zoning
Administrator in accordance with Chapter 18.56 of the Municipal Code.
(B) An open space and recreational plan sufficient to meet the demands generated by
the development without undue burden on available or proposed public facilities.
(C) Existing and proposed contours after grading and site development having
contour intervals of not more than two (2) feet.
(D) A proposed site plan, at a scale not smaller than 1 inch = 20 feet, showing the
locations and dimensions of all buildings and structures, uses therein, and all principal site
development features, such as landscaped areas, recreational facilities, pedestrian plazas and
walkways, service entries, driveways, and off-street parking and loading areas.
(E) A landscape plan, at a scale not smaller than 1 inch = 20 feet, showing existing
landscape features to be retained or removed, and showing proposed landscaping and
landscaped site development features, such as outdoor recreational facilities, bicycle paths,
trails, pedestrian plazas and walkways, water features, and other elements.
(F) Building elevations, sections, and floor plans, at a scale not smaller than 1/8 inch
= 1 foot, in sufficient detail to determine floor area, gross residential floor area, interior
circulation, locations of uses within buildings, and the general scale and appearance of the
proposed development. (G) A proposed plan of parking, loading, traffic circulation, and transit facilities; and a
proposed program for satisfying traffic and transportation needs generated by the development.
(H) A volumetric model of the site and the proposed development, portraying the
scale and relationships of the proposed development to the site illustrating the form and mass of
the proposed buildings.
(I) An architectural model of each proposed building, at a scale not smaller than 1
inch = 40 feet, portraying design details.
(J) A proposed program indicating order and timing of construction phases and
phasing of recreational amenities and additional amenities.
Page 3 Of 13 Ordinance No. 18, Series of 1996
SECTION 6- Permitted Conditional and Accessory Uses.
(A) In Development Area A- Vail Run, the following uses shall be permitted:
(1) Multiple family residential dwellings;
(2) Accessory retail, restaurant and service establishments not occupying
more than 18,000 square feet including the following:
Apparel Stores
Art supply stores and galleries
Book stores
Camera stores and photographic studios
Candy stores
. Chinaware and glassware stores
Specialty food stores
Florists
Gift stores
Hobby stores
Jewelry stores
Leather goods stores
Liquor stores
Newsstands and tobacco stores
Professional and business offices
Sporting goods stores
Stationery stores
Toy stores
Variety stores
Barber shops
Beauty shops
Travel and ticket agencies _
Delicatessens with food service
Cocktail lounges, taverns and bars
Coffee shops
Fountains and sandwich shops
Restaurants
Additional businesses or services determined by the zoning administrator to be
similar to permitted uses.
Page 4 Of 13 Ordinance No. 18, Series of 1996
(B) in Development Area B- Simba Run, the following uses shali be permitted:
(1) Multiple family residential dwellings which may be condominiumized for
sale as interval ownership fee interests and the employee housing units required
according to Section (9c), which shall be rental units.
(C) In Development Areas A and B the following conditional uses sha!l be permitted,
subject to issuance of a Conditional Use Permit in accordance with the provisions of Chapter
18.60 of the municipal code:
(1) Public utility and public service uses;
(2) Public buildings, grounds, and facilities;
(3) Public or private schools;
(4) Public park and recreation facilities;
(5) Meeting rooms.
(D) In Development Areas A and B the following accessory uses shall be permitted:
(1) Indoor and outdoor recreational facilities, including, but not limited to,
swimming pools, tennis courts, handball and squash courts and similar
recreational facilities.
(2) Home occupations, subject to issuance of a Home Occupation Permit in
accord with the provisions of Section 18.58.130 of the municipal code.
(3) Other uses customarily incidental and accessor.y to permitted or
conditional uses, and necessary for the operation thereof.
SECTION 7 - Development Standards.
The following development standards have been submitted to the Planning and
Environmental Commission for its consideration and recommendations and are hereby approved
by the Town Council; these standards shall be incorporated in the Approved Development Plan
pertinent to each Development Area to protect the integrity of the development of SDD No. 5; the
following are the minimum development standards and shall apply unless more restrictive
standards are incorporated in the Approved Development Plan. Development Area A may be
modified provided that no such modification shall increase the discrepancy between the structure
or site improvements and the development standards set forth in this Ordinance.
(A) Lot Area - Development Area B shall consist of approximately 6.3 acres.
Page 5 Of 13 Ordinance No. 18, Series of 1996
(B) Setbacks - The required setbacks shall be as indicated on the Approved
Development Plan, being a minimum of 20 feet from any perimeter property line of the total site.
(C) Distance Between Buildings - The minimum distances between all buildings on
the site shall be as indicated on the Approved Development Plan.
(D) Height - The maximum height of alf buildings shall be 45 feet, with the exception
of the buildings located in Phase 11 of Development Area 6, which shall have a maximum height
. as indicated on the Approved Development Plan.
(E) Density Control - The ftoor area of all buildings and the number of dwelling units
shall not exceed the following provisions:
^ . $ev:
43,909 126,309 169,1309
4,955 4,955
units,
i3ev. Aroa.A IVaH: Aun3 Dow.M."A!:(SWmba ftun#
qeu Area B:{SavoV.V#1as.1 T.+sinl40r sall:
Maii:: GFtF/A
(FPee:ltitarket>U
nii~j< 43,OQOst~: f~: 91,572 sq:::[t; 34,27446. ::~t: 168;8Q6S## <f#;
NJa~:;~6i~A
tEFEl111ca~s); ~I saa :ft: 3.836 scs: ft: y;:s0(3 sa> fl: ~ 7`_ ~ 36 sr~. R
Tatal GRFAs
Masi:.tut:llnits
(~i.ee:markel}; 5~.~nits 90:uruis 21 un'its 166i~its
Mw:;#:of>l?niis
t~kiUs};.
Total fJnits: 5..6 uni#s anits 23:uniis 373.:unifs
[?eii'sify
~~lrttfs per::~e~e:)
(~ncluding £F~E~s~: 21 ~ uruistae~e
bensi~y
(l3rrits per ac~ej
(exeiyding;EHlJsj: 2i:7ureft/acre 1&unitsJ~cre y3b.vru~s)ac~e 1~$:unn~faEie
UPan cvinstru+cti~n 4-te ~ib ove appr~ved dar~sity #or ~voy it1as, ihere shalll~e no
arra~lable;ORFA; feee ~rket units; or ernptoyee housIng units od ars4ciated f[par am~
fOr th~ EntCr~.SL~~3 #5.
Page 6 Of 13 Ordinance No. 18, Series of 1996
(F) Building Bulk Control - Building bulk, maximum wall lengths, maximum dimensions
of building groups, and requirements for wall off-sets, shall be as indicated on the Approved
Development Plan.
(G) Site Coverage - Not more than 20 per cent of the Development Area 6 shall be
covered by buildings, with the exception of Phase II of Development Area B, which shall be as
designated on the Approved Development Plan.
(H) Landscaping and Natural Open Space - A minimum of 60 per cent of
Development Area B shall be landscaped or natural open space in accordance with the
Approved Development Plan, with the exception of Phase II of Development Area B, which shall
be as designated on the Approved Development Plan.
(I) Parking and Loading -
(1) Off-street parking shall be provided in accord with Chapter 18.52 of the
municipal code; af least 85 per cent of the required parking shall be located within the
main building or buildings, or beneath accessory decks, terraces, plazas, or tennis courts
and shall be completely enclosed and screened from view, with the exception of Phase II
of Development Area B, which shall be as designated on the Approved Development
Plan.
(2) No parking or loading area shall be located in any required front setback
area or on the south side of any building, and no parking or loading shall be permitted at
any time in areas designated for recreation or open space use on the Approved
Development Plan.
(3) Driveways, passenger loading areas, and parking areas not located within
a building shall be permitted only as indicated on the Approved Development Plan.
(4) On-site parking shall be provided for common carriers providing charter
service to the development; said parking sites shall be indicated on the Approved
Development Plan.
(J) The Approved Development Plan for Phase II of Development Area B shall
consist of the following drawings provided by Isom ant! AsseCiwm~:InC.: Sheei :~1~ /~1,`~ , dated ~31~1%, ai~d le~ri:sed 1 i I~2196 :(~tte arrcl ;asirg;P[an}
Sl~~~t Nt~ ~r~d ~~v~secf radIr~g Plin}
Sh~~~ ~l~ ~ ~~t~ ~~'15l~; and c~~t~sed<;1111~t1~ {.8a~me~t ~la~ti` B~r~dirm:#54
+ Sheet NO. 2 dated 9/7 519f; ahd revised'111~ Ant# 2 ~ar;~aragek, i $t
f10ar, BuiIdir~g! #
* S,h~Ot ~lp ~ d 911 ~/96; an. <~eu~sed '1 0
MMI, Rnd ft~0.i Builctin9
Page 7 Of 13 Ordinance No. 18, Series of 1996
* ~h+~et` ! o~t> da#ed t1~25I96, and: reu€sed 1 fl.28i96 (3 r~ fioorf B0i:idRng :#5}
• ~hee~ Nt~. ~ c3.t1 9~; eEevat~on~; Bu~~tlin~ #6)
Sheet:~lc~'s ~?i3 ~i3 2x ar~i A3:3 ~Flo~r Plsnuiidir~g Ele~ra#u~~s ~or;~u~ic#ing 46)
+r She~# ~lu ~.t1:Y dated 9~1~~6; r~~rised 11 96 ~Landsf'lan)
SECTION 8- Recreational Amenities Tax.
The recreationat amenities tax due to the development within SDD No. 5, shall be
assessed at a rate not to exceed $0.75 per square foot of floor area and shall be paid in
conjunction with construction phases and prior to the issuance of a building permit.
SECTION 9 - Special Provisions.
(A) Conservation and Pollution Controls.
(1) All solid fuel burning devices sha11 conform with the Town of Vail Fireplace
Ordinance (Ordinance No. 21, Series of 1991) and as amended in the future. The basic
criteria as presently identified in the Ordinance are as follows:
a) Construction of open hearth wood burning fireplaces is not permitted
within the Town.
6) Dwelling units may contain:
i) One (1) EPA Phase II certified solid fuel burning device and no _
more than two (2) gas appliances (B vent);
OR
ii) Two (2) gas log fireplaces and no more than two (2) gas
appliances (B vent).
(2) If solid fuel burning devices are provided within the development, they
must be heat efficient through the use of glass enclosures, and heat circulating devices
as technology exists at the time of development.
(3) The Developer's drainage plan shall include provisions for prevention of
pollution from surface run-off.
(4) The Developer shall include in the building construction in Development
Area B energy and water conservation controls as generaf technology exists at the time
of construction,
(B) Phase II of Development Area B shall include two (2) employee housing units, and
said housing units shall satisfy the requirements of a"Type III EHU" according to the Town's
adopted housing ordinance (Ordinance 27, Series of 1992). Additionally, five (5) of the existing
Page 8 Of 13 Ordinance No. 18, Series of 1996
,
.
six employee housing units (numbers 1201, 2205, 2207, 2401, and 2402, as identified on the
Simba Run Condominium Map) shall be permanently deed restricted according to the
requirements of a"Type III EHU" as specified in the Town of Vail's housing ordinance (Ordinance
27, Series of 1992). The remaining employee housing unit (number 1205,) shall become a"free-
market" dwelling unit upon such time as the above seven (7) permanently restricted employee
housing units meet the restrictions as indicated in the Town of Vail's housing ordinance and have
been issued Temporary Certificates of Occupancy.
(C) Approval of Subdivision and Interval Ownership - Interval ownership of multiple-
family dwelling units, with the exception of the required employee dwelling units and the dwelling
units in Phase II of Development Area B, is hereby approved. Subdivision of the multiple-family
dwelling units (not designated for employee housing) permitted in Development Area B into
interval ownership fee interests shall require no additional approvals from the Town of Vail
Planning and Environmental Commission or from the Town Council for the Town of Vail.
(D) Recreational Amenities - The Approved Development Plan shall include the
following recreational amenities:
(1) A minimum of five additional tennis courts (Development Area A presently
has three tennis courts with two of them covered during the winter season). Said tennis
courts shall be made available to the general public on a fee basis, subject to reasonable
regulation in favor of owners or guests of the development.
(2) Recreation amenities fund contribution of $10,000 to be used for general
recreational improvements by the Town of Vail.
(3) Bike and pedestrian path traversing property from east property line of
Development Area A to west site line of Development Area B shall be provided by
developer with exact location to be mutually acceptable to developer and the Town.
(4) Swimming pool (in addition to the existing pool in Development Area A) of
adequate size to reasonably serve the needs of the development and shall be open to the
public on a fee basis subject to reasonable regulation in favor of owners or guests of the
development.
(E) Additional Amenities -
(1) The Developer shall provide adequate transportation services to the
owners and guests of the development so as to transport them from the
development to the Village Core area and the Lionshead area.
Page 9 of 13 ordinance No. 18, Series of 1996
.
(2) The Developer shall provide in its Approved Development Pian a bus
shelter of a design and location mutually agreeable to the developer and the Town
Council. Said shelter to serve the Lionsridge area generally.
(F) Additional Requirements -
The developer agrees with the following requirements, which are a part of this amendment to
Special Development District No. 5:
(1)
, 2205, 2207,
'.Additiona+ly; The Town shall not issue a Temporary
Certificate of Occupancy for any unit in Building #4 or Building #5 (according to the Savoy
Villas phasing plan) until such time as Temporary Certificates of Occupancy and deed
restrictions have been issued for both of the "Type III" EHU units in Building #5.
(2) The applicant agrees to permanently restrict the seven employee housing
units as "Type III" EHU's, according to the Town's adopted housing ordinance ffln
Simf~a R~ r~ ha~ve ~F~eady k~e~rt d~~~ r~st~~ct~d :ar1d Qr~ly :2, un~ts En ;3!a~r~~;~i~l~.~ E~
dOEd restr1cted:asf;'11J2~}96~.
(3) they
,
,
, The applicant agrees to construct and maintain a public
pedestrian path through the property (north to south) and will arrange for the grant of a
public access easement to the Town of Vail prior to the Town's issuance of any TCO for
any of the Phase II condominiums (according to the Savoy Villas phasing plan).
(4) The applicant shall obtain a Colorado Department of Transportation
access permit for the proposed triplex driveway prior to the Town's issuance of any
building or grading permits for the three townhomes fBud~n~ Phas~:Z, 5~1~~~~~
located on the lower bench of the development.
f`~
Page 10 Of 13 Ordinance No. 18, Series of 1996
r
(5) The applicant shall grant the Town of Vail a drainage easement through
the property, to provide for the existing drainage flow which currently enters the site
between the proposed guilclmg>#5 and>Building #4
. The developer shall provide this
easement to the Community Development Department for approval before the Town will
release any Temporary Certificate of Occupancy for units in the Phase II Condominiums
(according to the Savoy Villas phasing plan).
(6) The applicant shall provide a bike path easement for any portion of the
existing bike path located upon the applicant's property. The easement shall be
submitted to the Community Development Department by the developer and executed
before the Town will release any Temporary Certificate of Occupancy for units in the
Phase II Condominiums (according to the Savoy Villas phasing plan).
'
,
,
1996
, .
(7) Prior to the issuance of a building permit for the three townhouse units in
P~~~~ 3 a~ ~auqy ~~flas, the applicant will receive final approval from the Town of Vail
Engineer regarding the driveway fon and dratnade plans in Rhase 3:.e+eee~e~fafls.
Prior to the release of any Temporary Certificate of Occupancy for units in
the Phase II Condominiums (according to the Savoy Villas phasing plan) the applicant
agrees to provide a 10' wide public access easement across the property, parallel with
the southern property line.
far Building 45 are nQ# app~nved and Musi be
approved by :ti~e aes~gn Fie~riew Boar€f-
(104 The applica,nt shall provide e xecuted-ercr4achmerit agre~men.. p r a1[
retevant vA(itytQrt~par~ies and tF~e'Trn~n:qf uaif;~~rtf~e deck:encr~achme~#~n.tF~e ~fl'
~~:sem~~t riT t~iO ea~t pr~per~ l~ne or sh~l el!mi~tate ~e;d~k t, prt~r ~
submittint~ th €~::protect; #ar revie~r ~r tt~e Desigr~ :Revlew Board
Page 11 Of 13 Ordinance No. 18, Series of 1996
J
SECTION 10
If any part, section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
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 11
The Town Council hereby finds, determines and declares that this ordinance is necessary
and proper for the health, safety and welfare of the Town of Vail and its inhabitants thereof.
SECTION 12
The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provisions or
any ordinance previously repealed or superseded unless stated herein.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1995. A public hearing on this
ordinance shalf be held at the regular meeting of the Town Council of the Town of Vail, Colorado,
on the day of , 1995, in the Municipal Building of the Town.
Mayor
Attest:
Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED (IN FULL) (BY TITLE ONLY) THIS DAY OF , 1995.
Attest: Mayor
Town Clerk
Page 12 Of 13 Ordinance No. 18, Series of 1996
.
,
Exhibit "A"
That part of the First Supplemental Map for Simba Run Condominium, according to the map thereof recorded in
the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most southwesterly corner of said map, thence the following three courses along the
westerly lines of said map; 1) N03°33'01"E 160.79 feet; 2) N12°50'33"E 144.72 feet; 3) N17°56'03"
70.60 feet; thence, departing said westerly line, S13° 16'03"W 157.26 feet, thence S76°43'57"E 91.50
feet; thence N13° 16'03"E 35.00 feet; thence S76°43'57"E 72.31 feet to the easterly line of said map;
thence the following two courses along the easterly and southeasterly lines of said map; t)
S24°44'S7"E 52.38 feet; 2) S52150'29"W 272.50 feet to the Poini of Beginning, containing 0.6134
acres, more or less; and
That part of Simba Run, according to the map thereof, recorded in Book 312 at Page 763 in the Office
of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most southerly corner of said Simba Run, thence the following four courses along the
southwesterly and northwesterly lines of said Simba Run; 1) N37°09'31"W 233.28 feet; 2) 334.57 feet
along the arc of a curve to the left, having a radius of 1771.95 feet, a central angle of 10°49'06", and a
chord that bears N42° 13'20"E 334.07 feet; 3) N36°48'48" E 201.36 feet; 4) 15.96 feet along the arc of a
curve to the right, having a radius of 428.02 feet, a central angle of 02°08'12", and a chord that bears
N37°52'54" E 15.96 feet to a corner on the westerly boundary of the First Supplemental Map for Simba
Run Condominium, according to the map thereof recorded in the office of the Eagle County, Colorado,
Clerk and Recorder; thence the following four courses along said westerly boundary; 1) S21 °51'28"W
69.90 feet; 2) S17°56'03"W 181.17 feet; 3) S12°50'33"W 144.72 feet; 4) S03°33'01 "W 160J9 feet to
the southeasterly line of said Simba Run; thence, along said southeasterly line, S52150'29"W 113.08
feet to the Point of Beginning, containing 1.560 acres, more or less.
Page 13 Of 13 Ordinance No. 18, Series of 1996
MEMORANDUM
copy
TO: Planning and Environmental Commission
FROM: Community Development
DATE: November 11, 1996
SUBJECT: A request for a major amendment to SDD #5 (Savoy Villas/Simba RunNail Run)
to allow for modifications to the previously approved development plan for the
Savoy Villas development located at 1230 Lions Ridge Loop and described as
follows:
That part of the First Supplemental Map for Simba Run Condominium, according to the map thereof
recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the most southwesterly corner of said map, thence the following three courses along the
westerly lines of said map; 1) N03°33'01"E 160.79 feet; 2) N12°50'33"E 144.72 feet; 3) N17°56'03"
70.60 feet; thence, departing said westerly line, S13°16'03"W 157.26 feet; thence S76°43'57"E 91.50
feet; thence N13°16'03"E 35.00 feet; thence S76°43'57"E 72.31 feet to the easterly line of said map;
thence the following two courses along the easterly and souiheasterly lines of said map; i) S24°44'57"E
52.38 feet; 2) S52°50'29"W 272.50 feet to the Point of Beginning, containing 0.6134 acres, more or less;
and
That part of Simba Run, according to the map thereof, recorded in Book 312 at Page 763 in the Office of
the Eagle County, Colorado, Clerk and Recorder, descnbed as fol?ows:
Beginning at the most southerly corner of said Simba Run, thence the following four courses along the
southwesieriy and northwesterly lines of said Simba Run; 1) N37°09'31"W 233.28 feet; 2) 334.57 feet
along the arc of a curve to the left, having a radius of 1771.95 feet, a central angle of 10°49'06", and a
chord that bears N42°13'20"E 334.07 feet; 3) N36°48'48" E 201.36 feet; 4) 15.96 feet along the arc of a
curve to the right, having a radius of 428.02 feet, a central angle of 02°08'12", and a chord that bears
N37°52'54" E 15.96 feet to a corner on the westerly boundary of ihe First Supplemenial Map !or Simba
Run Condominium, according to the map thereof recorded in the office of the Eagle County, Colorado,
Clerk and Recorder; thence the following four courses along said westerly boundary; 1) S21 °51'28"W
69.90 feet; 2) S17°56'03"W 181.17 feet; 3) S12°50'33"W 144.72 feet; 4) S03°33'01"W 160.79 feet to
the southeasterly line of said Simba Run; thence, along said southeasterly line, S52150'29"W 113.08
feet to the Point of Beginning, containing 1.560 acres, more or less.
Applicant: BWAB, Inc., represented by Chris Klein
Planner: Dominic Mauriello
1. PROJECT INTRODUCTION
The applicant is requesting a major SDD amendment to modify the approved development plan
for Phases 2 and 3 of Savoy Villas, located in Phase fl, Development Area B, in Special
Development District #5 (Simba RunNail Run). The property is located at 1230 Lions Ridge
Loop and is bounded by the Timber Ridge Apartments to the west, the North Frontage Road to
the south, Simba Run to the east, and Lions Ridge Loop to the north.
1
~
~
II. BACKGROUND
Ordinance #6, Series of 1976, originally established SDD #5 and set the parameters for the
development of the Vail Run Building. Ordinance #29, Series of 1977, amended and expanded
the SDD to include the addition of 6.3 acres immediateiy to the west of Vail Run and divided the
SDD into what is now known as Development Area A(Vail Run) and Development Area B '
(Simba Run/Savoy Villas). The devetopment standards for both areas were specifically
stipulated in this ordinance. SDD #5 was further modified by the passage of Ordinance #33,
Series of 1978, and Ordinance #24, Series of 1986.
On August 17, 1993, the Vai! Town Council approved Ordinance #16, Series of 1993. This
ordinance significantly modified the approved development plan for the western portion, or what
is now known as Phase II, of Development Area B. The original development plan for the Phase
II portion of the Simba Run development included one large building. This building was designed
to be similar to the existing Simba Run buildings (Phase I), which are Iocated immediately to the
east. These buildings were approximately 260 feet in length and approximately 250 feet in width.
The original project was designed to take access off of Lions Ridge Loop (one curb cut) and
included a fairly large surface parking area, as well as one level of underground (structured)
parking.
The 1993 amendment included a series of six smaller buildings know as Savoy Villas (Phases 1,
2, and 3). The proposal included 4 four-plex buildings and one four unit employee housing
building, all of which took access off of Lions Ridge Loop to the north. The sixth building was a
tri-plex, taking access from the existing Simba Run driveway adjacent to the North Frontage
Road. The parking for the project was almost equally divided between enclosed parking and
surface parking. On the northern bench of this site, each condominium was proposed to have a
one-car garage, and on the lower, or southern part of this site, each condominium would have
had a two-car garage. Architecturally, the design was very similar to that of the existing Simba
Run project, although smaller in scale. Upon approval of Ordinance #16, Series of 1993, the
remaining number of dwelling units and GRFA on the property was reduced to zero for the entire
Development Area B. Also included in Ordinance #16, Series of 1993, was a requirement to
construct and maintain a public pedestrian path through the property (north to south) and grant a
public access easement to the Town of Vail.
The 1993 amendment originally consisted of nineteen condominium units and four deed-
restricted employee housing units. The application was later modified at the Town Council
review in order to allow for one additional dwelling unit and to permanently deed-restrict three
existing condominium units (Units 2207, 2401, and 2402) in the Simba Run development (Phase
I) as Type III employee housing units. In exchange for the permanent restriction of these three
units, the Council agreed to release the existing employee housing restrictions on three
additional dwelling units in Simba Run (Units 1201, 1205 and 2205), which although they were
required to be employee housing units, had deed restrictions which would soon expire, allowing
them to become free-market dwelling units.
2
SDD #5 was most recently amended in 1995 by Ordinance No. 7, Series of 1995. That
amendment provided the following changes:
•Relocation of One Condominium Unit - The 1993 SDD amendment was approved by the
PEC with a total of nineteen dwelling units. However, when the project was reviewed by
the Town Council, a twentieth unit was approved. This dwelling unit was added to
Building #5 of Savoy Vi!!as (Phase 2).
•Relocation of Two Deed-Restricted Employee Housing Units -The applicant agreed to
deed restrict 5 existing dwelling units as Type III EHUs in Simba Run and deed restrict
two dwelling units in Building #5, Savoy Villas (Phase 2). The deed restrictions on the 5
units in Simba Run have now been executed and recorded.
•Reduction in Office Area - The 1993 approved development plan included a 1,302
square foot office space located on the entire lower level of the employee housing
building (Building #5). The applicant amended the plan in order to relocate one of the two
remaining employee housing units in Building #5, thereby reducing the size of the office
space to 686 square feet.
•Relocation of Triplex Driveway - The 1993 approved development plan showed that the
proposed driveway access to the three townhouse units on the lower bench of the site
was originally proposed via the existing Simba Run curb cut off of the North Frontage
Road. The amended plan modified the development plan, providing a new curb cut
adjacent to the western property line to be used solely for the three dwelling units.
•Reduction in Surface Parkinc~Spaces - The 1993 approved development plan showed a
seven space, unenclosed, parking area between the easternmost four-plex (Building #4)
and Building #5. As a result of the transfer of two employee housing units from Building
#5 to the Simba Run Building and the relocation of the "twentieth" condominium unit to
the upper bench, which includes a two-car garage, there was a net reduction in the
parking requirement. Three unenclosed parking spaces were eliminated on the property.
•Relocation of the Pedestrian Path - The 1993 approved development plan shows that
the pedestrian path traverses the Phase II property from the north (between Building #5
and Building #4) to a point midway down the property to the south, at which time it then
crosses onto the Simba Run property. The approved plan also called for the bike path
adjacent to the North Frontage Road to be realigned to accommodate the proposed
driveway to the triplex. The amended plan provided a pedestrian path between Building
# 3 and Building #4, south to the bike path along the North Frontage Road.
•Changes to the Architectural Character of Buildinqs #5 and #6 - The architectural
character of the buildings was slightly modified.
3
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111. DESCRIPTION OF THE REQUEST
Currently Buildings #1 and #2 are constructed on the site. Design Review approval has been
given for Building #3 and #4 and they will be developed according to the 1995 plan, which
remains unchanged for this portion of the site.
Building #5, under the 1995 plan and SDD ordinance, contained 3 units, 2 of which were EHUs.
The plan also included a 686 sq. ft. office space for the condominium association and a 466 sq.
ft. two-car garage for the free-market unit.
At the October 14, 1996 PEC meeting, the PEC recommended that the applicant modify the
proposed plan to provide a three bedroom EHU and two enclosed garage spaces. The applicant
has provided the recommended changes. As discussed with the PEC, the proposed plan adds
an additional floor to the building for a total of four stories, one of which is substantially beiow
grade. Additionally, the building envelope is expanded slightly from the 1995 approval, with the
addition of 126 sq. ft. of site coverage.
The number of enclosed parking spaces now remains unchanged from the 1995 approval.
However, the percentage of enclosed parking in Savoy Villas has been reduced, due to the
increase in the surface spaces on-site, frorn 52% (24 spaces) in 1995 to 49% (24 spaces) in
1996.
The proposed modification to the 1995 approved plans includes an increase in the number
of free-market units and GRFA in Savoy Vitlas, by adding 1,308 sq. ft. of GRFA and one
additional unit to Building #5 in Phase 2, for a total of 21 units for the entire project.
Building #5 will now contain 2 free-market units and 2 Type III EHUs. One EHU will contain 600
sq. ft. of GRFA and the other EHU is a three bedroom unit containing 1,300 sq. ft. of GRFA. The
2 free-market units will contain at total of 2,427 sq. ft. of GRFA. Common area stairways contain
414 sq. ft. of floor area (not included as GRFA). Therefore, this structure wi{1 contain 4,327
sq. ft. of GRFA total.
The parking required for these 4 units is 8 parking spaces. Two parking spaces are required for
each free-market unit, 3 spaces are required for the three bedroom EHU, and 1 parking space is
required for the one bedroom EHU (since this EHU is 600 sq. ft. or less in GRFA). The proposed
plan provides 6 surface spaces and 2 enclosed parking spaces for Building #5.
The pedestrian path required for the development by the previous approval has been relocated
between Buildings #2 and #3 and connects with the driveway proposed for Phase 3(Building #6).
The floor plans show a deck which extends into the 10' utility easement along the east property
line. The applicant has indicated that they will pursue an encroachment agreement to allow the
third level deck, but if they are unsuccessful at obtaining such agreements from all utility
companies, and the Town of Vail, they will remove the proposed deck.
The remainder of the plan remains unchanged from the previous approval.
The 1995 ordinance has many specific requirements with respect to the phasing of the
development, the recordation of the pedestrian, bike path (public access), and drainage
easements, the timing of the recordation of EHU restrictions, and the final approval of the access
to the North Frontage Road by CDOT and the Town Engineer.
4
IV. Z9NING ANALYSIS
Listed below is the zoning analysis for Savoy Villas, located in Development Area B of Simba Run.
Zoning: SDD #5 (with no underlying zoning)
Lot area: 1.56 acres or 67,953.6 sq. ft.
Overall Savoy Villas
Standard 1995 Plan 1996 Plan Chan e
Units (free-market): 20 units 21 units +1 unit
EHUs 2 units 2 units n/c
GRFA (free-market): 33,449 sq. ft. 34,274 sq. ft. +825 sq. ft.
GRFA (EHUs): 1,417 s4. ft. 1,900 sq, ft. +483 sa. ft.
GRFA (total): 34,866 sq. ft. 36,174 sq. ft. +1,308 sq. ft.
Parking: 46 spaces 49 spaces +3 spaces
Enclosed parking: 24 spaces (52%) 24 spaces (49%)
Site Coverage: 16,921 sq. ft. (25%) 17,047 sq. ft. (25%) +126 sq. ft.
Phase 1 Savoy Villas (Buildinas #1 and #2 as constructed)
Standard 1995 Plan 1996 Plan Chanae
Units (free-market): 8 units 8 units n/c
EHUs 0 units 0 units n/c
GRFA (free-market): 13,272 sq. ft. n/c n/c
Parking: 16 spaces n/c n!c
Enclosed parking: 8 spaces (50%) n/c n/c
Site Coverage: 6,060 sq. ft. n/c n/c
Phase 2. Savov Villas (Buildinas #3. #4. and #5)
Standard 1995 Plan 1996 Plan Chan e
Units (free-market): 9 units 10 units +1 unit
EHUs 2 units 2 units n/c
GRFA (free-market): 14,874 sq, ft. 15,699 sq. ft. +825 sq. ft.
GRFA (EHUs): 1.417 sa. ft. 1,900 sq. ft. +483 scLft.
GRFA (total): 16,291 sq. ft. 17,599 sq. ft. +1,308 sq. ft.
Parking: 21 spaces 24 spaces +3 spaces
Enclosed parking: 10 spaces (48%) 10 spaces (42%)
Site Coverage: 7,550 sq. ft. 7,676 sq. ft. +126 sq. ft.
5
Phase 3 Savov Villas (Buildin4 #6)
Standard 1995 Plan 1996 Plan Chanpe
3 units 3 units n/c
Units (free-market):
EHUs 0 units 0 units n/c
GRFA (free-market): 5,303 sq. ft. n/c nic
Parking: 9 spaces n/c n/c
Enclosed parking: 6 spaces (66.6%) n/c n/c
Site Coverage: 3,311 sq. ft. n/c nic
V. ANALYSIS OF THE OVERALL DENSITY FOR SDD #5
Dev. Area A(Vail Run) Dev. Area B(Simba Run) Dev. Area B(Savov Villas) Total for SDD #5
Max. GRFA
(free-market Units): 43,000 sq. ft. 91,572 sq. ft. 34,274 sq. ft. 168,846 sq. ft.
Max. GRFA
(EHU Units): 0 sa. ft. 3 836 sa. n. 1.900 sa. ft• 5,736 sa. ft.
Total GRFA: 43,000 sq. ft. 95,408 sq. ft. 36,174 sq. ft. '174,582 sq. ft.
Max. # of Units
(free-market): 55 units 90 units 21 units 166 units
Max. # of Units
(EHUs): 0 units 5 unils 2 units 7 units
Total Units: 55 units 95 units 23 units 173 units
6
VI. CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL
As stated in the zoning code, the purpose of the special development district is to:
encourage flexibility and creativity in the development of land in order to
promote its most appropriate use; to improve the design character and quality of
new development within the town; to facilitate the adequate and economical
provision of streets and utilities; to preserve the natural and scenic features of
open space areas; and to further the overall goals of the community as stated in
the Vail Comprehensive Plan. An approved development plan for a special
development district, in conjunction with a property's underlying zone district, shall.
establish.the requirements for guiding development and uses of property included
in the special development district."
The following are the nine special development district criteria to be utiiized by the Planning and
Environmental Commission when evaluating SDD amendment proposals:
A. Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale,
bulk, building height, buffer zones, identity, character, visual integrity and
orientation.
The staff believes that the applicant has done a reasonable job with the overall site
planning of the project to insure that the project meets this criterion. Staff believes that
the proposed modifications to the approved plan are minor with respect to the overall
project. The proposal does not change the orientation of the buildings. The plan slightly
increases the site coverage of Building #5, increases the bulk and mass of Building #5 by
adding an additional story to the building, and increases the height of Building #5 to 46'
(an 8' increase). However, staff does not believe the increase in building height, bulk and
mass, or site coverage will have a negative effect on adjacent properties. Staff does
have a concern, however, with the architectural quality of the north elevation for Building
#5. Specifically, the proposed bay windows on this elevation have a"tacked on"
appearance which appears incompatible with the architecture of the remainder of this
structure and adjacent structures within Savoy Villas. Staff believes this elevation
(particularly the fenestration) needs to be redesigned to correct this issue.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
It is staff's position that the approved residential use of this site, and the proposed
amendment, is compatible with the existing uses on surrounding properties. The
proposed density on Savoy Villas (number of units) is being increased by one free-market
dwelling unit, as a result of this amendment request. The resulting density of twenty-one
free-market units and two deed restricted employee housing units is compatible with the
High Density Residential identification that the Town of Vail Land Use Plan has placed on
this property.
7
C. Compliance with the parking and loading requirements as outlined in Chapter
18.52.
The proposal for Savoy Villas provides 49 total parking spaces, 24 (49%) of which are
enclosed garage spaces. The 1995 plan provided 46 total parking spaces for Savoy
Viltas, 24 (52%) of which were enclosed garage spaces. The number of parking spaces •
has been increased by 3 spaces.
The original SDD ordinance required 85% of the parking on the entire site (Savoy Villas,
Simba. Run and Vail Run) to be enclosed parking. The 1995 approval allowed a deviation
to this requirement, allowing 84.4% to be enclosed. This request will allow an overall
percentage of enclosed spaces, to total required spaces, of 84.2%. Staff believes the
change in enclosed parking is minimal and therefore meets this criterion.
D. Conformity with applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plans.
1. The Town of Vail Land Use Plan identifies this area as High Density
Residential (HDR). High Density Residential is defined in the Land Use
Plan as follows:
"The housing in this category would typically consist of multi-floored
structures with densities exceeding fifteen dwelling units per buildable
acre. Other activities in this category would include private recreational
facilities, and private parking facilities and institutional/public uses such as
churches, fire stations and parks and open space facilities."
The overall density of Savoy Villas is 13.5 units/acre (excluding the 2 EHUs). The
overail density of SDD #5 is approximately 18.8 units/acre (excluding the 7 EHUs).
2. The following are the appticable Land Use Plan goals and policies which
relate to this proposal:
Goal 1.1 Vail should continue to grow in a controlled
environment, maintaining a balance between
residential, commercial and recreational uses to
serve both the visitor and permanent resident.
Goal 1.12 Vail should accommodate most of the additional
growth in existing developed areas (in-fill areas).
Goal 5.1 Additional residential growth should continue to
occur primarily in existing, platted areas and as
appropriate in new areas where high hazards do not
exist.
Goal 5.3 Affordable employee housing should be made
available through private efforts, assisted by limited
incentives, provided by the Town of Vail, with
appropriate restrictions.
8
Goal 5.4 Residential growth should keep pace with the
market place demands for a full range of housing
types.
Goal 5.5 The existing employee housing base should be
preserved and upgraded. Additional employee
housing needs should be accommodated at varied
sites throughout the community.
The staff believes that the proposed amendment to the approved development
plan is in compliance with the Town's Land Use Plan.
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
Savoy Villas is located within a high severity rockfall hazard zone. The applicant's
geologist, Nicholas Lampiris, has reviewed the 1993 approved development plan and has
stated that the berming along Lions Ridge Loop (south side), combined with internal
mitigation for the two eastern-most buildings, is sufficient to mitigate the rockfall hazard.
The proposed amendment to the approved development plan should not have major
effects on the previously approved rockfall mitigation plan for the property, however, an
updated hazard report is required prior to fhe issuance of a building permit for Building
#5.
F. Site plan, building design and location and open space provisions designed
to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
The landscaping is slightly impacted due to the additional surface parking space being
provided. However, the landscaping on the balance of the site remains the same.
Overall, staff believes that the landscaping plan generally provides adequate screening
and green space throughout the site.
G. A circulation system designed for both vehictes and pedestrians addressing
on and off-site traffic circulation.
Site Ptan/Vehicular Access.
The proposed access to the site remains unchanged from the 1995 approval.
Pedestrian Access.
As mentioned previously, the ordinance which approved the existing development plan
includes a condition that the applicant construct and maintain a public pedestrian path
through the property, in order to allow for continued pedestrian access from the Lions
Ridge Loop area down to the North Frontage Road. The proposed pedestrian path is
relocated slightly by this request.
9
H. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
Staff believes that since Building #5 is increasing in height, that the proposed fandscaping
adjacent to this building needs to improved in order to break up the mass of the building.
Specifically, the 5 evergreens proposed to the south of the building and the 3 evergreens.
north of the structure (all proposed at 6' - 8') should be increased in size to 12' - 14' in
height. Also, the number and size of Aspens in this area should be increased to further
break up to mass of the buifding.
1. Phasing plan or subdivision plan that will maintain a workable, functional and ,
efficient relationship throughout the development of the special development
district.
The applicant is not proposing any changes to the previously approved phasing plan for
the project. The construction of the buildings on the Savoy Villas property will occur in
three phases. Phase I consists of the two condominium buildings (eight dwelling units)
located on the northwest corner of the site (construction completed). Phase II consists of
2 four-plex buildings (Buildings #3 and #4) which have been approved based on the 1995
ptan, and Building #5 which contains 2 EHUs and 2 free-market units. The final phase of
the project consists of the three townhomes (Building #6) located on the lower bench of
the property. Staff believes that the previously approved phasing plan for the Savoy
Villas project is acceptable.
VII. STAFF RECOMMENDATION
The staff is recommending approval of the applicanYs request for a major modification to Special
Development District No. 5, subject to the following conditions indicates previous condition
found in Ordinance No. 7, Series of 1995):
I. The applicant provide an update to the hazard report for the property prior to
obtaining a Building Permit for Building #5 of Savoy Villas.
*2. The Town shall not issue a Temporary Certificate of Occupancy for any unit in
Building #4 or Building #5 (according to the Savoy Villas phasing plan) until such
time as Temporary Certificates of Occupancy and deed restrictions have been
issued for both of the "Type III" EHU units in Building #5.
*3. The applicant agrees to construct and maintain a public pedestrian path through
the property (north to south) and will arrange for the grant of a public access
easement to the Town of Vail prior to the Town's issuance of any TCO for any of
the Phase II condominiums (according to the Savoy Villas phasing plan).
*4. The applicant shall obtain a Colorado Department of Transportation access permit
for the proposed triplex driveway prior to the Town's issuance of any building or
grading permits for the three townhomes (Building #6, Phase 3, Savoy Villas)
located on the lower bench of fhe development.
10
"5. The applicant shall grant to the Town of Vail a drainage easement through the
property, to provide for the existing drainage flow which currently enters the site
between the proposed Building #5 and Building #4. The developer shall provide
this easement to the Community Development Department for approval before the
Town will release any Temporary Certificate of Occupancy for units in the Phase II
Condominiums (according to the Savoy Villas phasing plan).
*6. The applicant shall provide a bike path easement for any portion of the existing
bike path located upon the applicant's property. The easement shall be executed
and submitted to the Community Development Department by the developer
before the Town will release any Temporary Certificate of Occupancy for units in
the Phase il Condominiums (according to the Savoy Vi!!as phasing plan).
*7. Prior to the issuance of a building permit for the three townhouse units in Phase 3
of Savoy Villas, the applicant will receive final approval from the Town of Vail
Engineer regarding driveway location and drainage plans in Phase 3.
8. The building elevations for Building #5 are not approved and must be approved by
the Design Review Board.
9. The applicant shall increase the size of the 8 evergreens adjacent to Building #5
to 12' - 14' in height and shall add additional Aspens of 3" - 4" caliper subject to
the review and approval of the Design Review Board.
10. The applicant shall provide executed encroachment agreements for all relevant
utility companies and the Town of Vail for the deck encroachment in the 10' utility
easement along the east property line or shall eliminate the deck encroachment,
prior to submitting the project for review by the Design Review Board.
With the addition of the conditions above, staff believes that the proposed modifications to the
previously approved plan comply with the nine Special Development District review criteria listed
in this memorandum.
f:\everybne\pec\me mos\savoy. n 11
11
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N I~ A SPECIAL DEVELOPMENT DISTRICT 5 1~. 5 quz+
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ORDINANCE NO. 25
SERIES OF 1996
• AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL
GENERAL FUNQ, PARKiNG Si'RUCTURE FUND, POLICE CONFfSCATION FUND, BOOTH
CREEK DEBT SERVICE FUND, DEBT SERVICE FUND, AND HOUSING FUND, OF THE 1996
BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 1996 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
20, Series of 1995, adopting the 1996 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town has received certain revenues not budgeted for previously; and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget,
in accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds thaf it should
_ make certain supplemental appropriations as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following supplemental appropriations for the 1996 Budget and Financial
Ptan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as
follows:
FUND AMOUNT
General Fund $1,158,074
Parking Struci: rF, Fund 9,898
Police ConfiscGr,on Fund 8,016
Booth Creek Debt Service Fund 6,500
Debt Service Fund 2,400
" Housing Fund $ 7.700
$1,192,588
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any viofation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the provision
repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any
provision or any ordinance previowsly repealed or superseded unless expressly stated herein.
1
ordmancs Mo. zs. s«ies a 1996
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extend only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 3rd day of December, 1996, and a public hearing shall be held on this
Ordinance on the 17th day of December, 1996, at 7:30 p.m. 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 this
day of , 1996.
Robert W. Armour, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:brd96.25
2
Ordnante No. 25, Series o11998
Y
L
MEMO
To: Town Council Members
From: Steve Thompson
Subject: Supplemental Appropriation
Date: November 27, 1996
The following list of supplemental appropriations accounts for 1996 transactions that have not
been budgeted in 1996. The reason for the $1,183,588 supplemental appropriation and the
corresponding amount is as follows: $310,956 unexpected expenditures, include snow removal,
Vail Tomorrow and the 911 dictaphone; $10,300 use of department savings to purchase new
library ma.terials and finish recodification of the Town municipal code; $112,332 in pass through
revenue and reimbursements, including Gypsum/Eagle bus route, Library grants and transfer of
Vail Commons building fees to the Housing Fund; and $750,000 is a transfer from the General
Fund balance to the Capital Projects Fund for 1997 projects.
We do anticipate that a portion of the $310,956 in unexpected expenditures will be offset by
savings generated by benefit costs, police salaries, and bus operations. However, at this time it is
difficult to estimate the amount of savings that will offset this supplemental appropriation. We
will discuss this at the December 3rd, work session.
The $185,000 supplemental for Vail tomorrow combines with the 1 st supplemental done in June
for $50,000; bringing that project to $235,000. Funding for the project includes $130,000 from:
Vail Associates $50,000; Vail Valley Foundation $5,000; and currentTy we are trying to raise
$75,000 from the private sector. The Town funded the balance by reallocating $100,000 from
land use planning project that was budgeted for completion in 1996.
J
TOWN OF VAIL
SCHEDULE OF REGIUIRED 1996 SUPPLEMENTA4 APPROPRIATIONS
FUND ADDITIONAL
DEPARTMENT 1996
EXPENDITURE OR PROJECT EXPENDITURES
GENERAL FUND:
Town Officials
Research on Bond Refinancing 728
Engineering Study for Snow Cats on Forest Road Access 2,500
Attorney's Fees Reimbursed 176
Vail Tomorrow project 185,000
Vail's 30th B Day 2,230
Advanced Community Training 3,000
Organizational Development 12,000
Administrative Services
Banking Fees 2,000
Advertising - Reimbursement 1,000
Codification 2,000
Attorney's Fees Reimbursed 700
Police
Equipment Refund 1,500
911 Dictaphone 38,500
Public Works
Snow Removal 45,000
Transit
Gypsum/Eagle Bus Route 30,940
Library
Additional Library Materials 8,300
Library Grants 30,000
Transfer to other Funds
Vail Commons Building Fees to Housing Fund 31,500
Transfer to Capital Projects Fund ( for 1997 projects) 750,000
Employee Benefits
Longevity Pay 25 year employee 2,000
1,149,074
4QTRFIN6.WK4 11 /27/96
~ PARKING STRUCTURE FUND:
Debit Card Software & Equipment 9,898
DEBT SERVICE FUND:
Publication Fees 2,400
HOUSING FUND:
Repairs and Special Assessment 7,700
POLICE CONFISCATION FUND:
Seizure Pass Through 8,016
BOOTH CREEK DEBT SERVICE FUND: Principal & Interest on Bonds 6,500
Total Supplemental Appropriation 1,183,588
4QTR FI N6.WK4 11 /27/96
TO: Vail Town Council
FROM: Community Development
DATE: December 3, 1996
SUBJECT: Removal of high debris flow hazard designation for 2645 Bald Mt. Road/Lot 10,
Block 2, Vail Village 13th Filing.
1. PURPOSE
The purpose of this worksession is to consider a motion to remove the high debris flow hazard
designation from 2645 Bald Mt. Road/Lot 10, Block 2, Vail Village 13th Filing. Ms. Nott, the
property owner, is requesting this change as the result of mitigation that was constructed north of
her lot on Tract C, Vail Village 13th Filing in 1984 (Attachment 1).
111. BACKGROUND
In May of 1984, the Town of Vail experienced 40 debris flow incidents, of which several were
located in the Bald Mountain neighborhood. The property in question did experience a debris
flow at that time and is in a high debris flow hazard area as per the Town of Vail hazard maps.
After the first incident in 1984, the property owner created a diversion channel approximately 12
feet deep and berm approximately 25 feet high to mitigate future mudflow events. Stan
Berryman, who was the Town of Vail Public Works Director at the time, wrote a letter which
stated that he feels that the berm "should effectively divert all but the most catastrophic future
mudflow events away from Ms. Nott's house (See attachment 2)."
Ms. Nott obtained the services of Engineering Designworks Inc. to review the effectiveness of the
berm in mitigating the debris flow hazard on the site. A letter from Engineering Designworks,
which is attached, concludes that the risk due to flooding or debris flows is greatly reduced by the
creation of a berm/ditch structure, and that the berm and ditch does not adversely affect or
increase any type of hazard to other properties (See attachment 3)." There are several minor
modifications to this letter that staff has requested and expects to receive prior to the
worksession on December 3, 1996.
3. RECOMMENDATIONS
The Town Engineer, Greg Hall, has reviewed the letter from Engineering Designworks and finds
that the letter is adequate to justify removing the high debris flow hazard on the property. Based
on the expert opinion of Engineering Designworks, staff recommends removing the high hazard
debris flow designation from 2645 Bald Mt. Road/Lot 10, Block 2, Vail Village 13th Filing. Since
the mitigation for this hazard already exists and does not require Planning and Environment
Commission review, the process for removing a hazard designation involves passing a motion by
the Vail Town Council.
a
ATTACHMENT 1
Russell Forrest
Community Development Department
Town of Vail
I would like to request a deletion of the Hazard Zone Designation on the Town of Vail maps
for my property, Lot 10, Vail Village 13th Filing at 2645 Bald Mountain Road. Extensive
mitigation measures for mud and debris flows were constructed on my property in May and June
of 1984 (at my expense). I have submitted to you a recent invesdgative report by Engineering
Designworks Inc. of Steamboat Springs as well as a letter from Mr. Stan Berryman, former
Public Works Director for the Town of Vail.
If you need any further information, please feel free to call me at 970-476-3363.
Thank you very much for your assistance in this matter.
Sincerely,
i'-.
Eve B. Nott
.
Attachment 2
Pitkin County Public Works
76 Service Center Road
Aspen, Colorado 81611
(970) 920-5390
Fax: (970) 920-5374
October 9, 1996
Mr. Russell Forrest
Community Development Department
Town of Vail
Via Fax: 970-479-2452
Dear Mr. Forrest,
I was employed as the Public Works/Transportation Director for the Town of
Vail in May of 1984 and was responsible for the deployment of Town resources during the
mudslides that occurred at that time. After the Bald Mountain mudslide, Ms. Evie Nott
constructed a diversion channel above her house approximately 12 feet deep and a berm
approximately 25 feet in height as mitigation for future mudflow events. It is my opinion
that this structure should effectively divert all but the most catastrophic future mudflow
event away from Ms. Nott's house. Please call me if you have any questions or if you
desire any additional information.
Sincerely,
Stan Berryman, ector of Public Works
At'Zk PRINTED ON
RECYCLED PAPER
,
Attachment 3
' ENGINEERING DESIGNWORKS, 1NC.
30965 Moffat Avenue P.O. Box 775729
Steamboat Springs, Colorado 80477
(303) 879-4890 (303) 949-4823 FAX (303) 879-4905
E:re ;;r,t.;.
2645 Z~__1d Mountain Roa3
YJai'_, CU 81558 Rei ei ==ic=: D-::bci~ b?zard assessment for house at 2645 Baid M0un'tain
RUc3CI
Dcit2' Ev;?
ThY ;n1.~;3:•~s_tca d siuamazy of our findings per your reques~ that wa
iiiv«st-iqdt-e rhe Uotentizl fcr debris damaqe to the above. rQfFrersc-ed
.n.i a.. i uct.asi . .
A si•~ e vis ;_t to the structure located in Lot 10, BJ.ock 2 of the
thir•teenth filing of Vail Village, in Vail, Colorado was performEd on
october 10, 1996. The structure itself appeared well founded wita no
apparent sig7s of foundation movement or slope instability. A raoderate
slope immetiiately to the nnrth of the structure rose for a distance
of approsimately 200 feet through a dense stand of as pen trees. Be yond
tne aspens the slope steepPned considerably and the vegetation became
most'ly sagebrush. The slope lessened in pitch several hundred feet
higher and again was forested with a large aspen grove. No signs of
slcpe iastability cr debris mnvement were noted, and the maturity of
the aspan groves indicate slope stability for the past decadp or two.
The Charles S. Robinson 1975 Geologic Hazard Maps indicate the
structure is located on the edge of an "area of possible recurrent
flooding, debris flows and hydrocompaction.11 This hazard is due :o
runoff from the slopes above. A large berm and ditch werE cons#:r,1c4e:J
by the owner -ta the narth and east of the structure. This ber.-m/d;*:-'h
follows the natural drainage path from the slopes above (north of) zne
structure and channels seasonal flows to a drain at Bald Mt. Road to
}he east of the structure. It is our opinion that the risk due to
hrti F~ /1~-r.~!1~y' tl~ Yf,j~7~I+ -~r t~{ ti o.~r= rhr
:~~si`1.1~.3 V.. ~iVL~ l.~\lv~y Z' a1Li ~i~r~a4iVFZ ~.~1-
her.a/di tch structure, and that the berm/ditch does not adve.r::E 1v
affect or increase any type of hazard to other properties. The ;wr..er
indicated that the berzn/ditch was zaore than adequate to contatn the
estrordinary runoff and debris flows following the winter of ~w984, and
in our opinion would be more than adequate to contain any future f1ows
of similar magnitude.
Like many subdivisions in this area, loosening of the soils in the
slopes above could result in mud or rock slides during particularly
neavy :noisture years, but the slope behind the structure showeci no
indications of such slope failure, and may in fact be iess susceptible
to such failure due to its southern egposure, and apparent rock
content. It is our opinion that this structure 3oes not veia significantly higher risk of debris damage than most i the-
Sincerely, r
Craig B. Frithsen for Engineering Designworks, Inc. `
reviewed by Joe Martino, P.E.
t51_ •
, MINUTES
VAIL TOWN COUNCIL MEETING
November 5, 1996 -
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, November 5, 1996, in the Council Chambers of
the Vail Municipal Building. The meeting was calted to order at approximately 7:30 P.M.
MEMBERS PRESENT: Robert W. Armour, Mayor
Sybill Navas, Mayor Pro-tem
Kevin Foley
Rob Ford
Mike Jewett
Paul Johnston
Ludwig Kurz
MEMBERS ABSENT:
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Pam Brandmeyer, Assistant Town Manager
Tom Moorhead, Town Attorney
Holly McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation. Volunteer Maxine Miller updated Council members on the
progress made during the Vail Tomorrow conference held the past weekend. 185 participants were presented with
11 goals, placed into small groups, and asked to identify those goals which should receive top priority, she said.
Consensus was reached and the top four items on the immediate action list included: Natural and Built
Environment, Affordable Housing, Building Community and Regional Cooperation. Mayor Armour commended
those involved in the program. Participant Monica Benderley thanked Council for taking the first steps necessary
to implement the Vail Tomorrow process.
Next, Vail resident Gordon Crown encouraged the Town to provide better lighting on the bike path on N. Frontage
Road between Timber Ridge and the pedestrian overpass. He said visibility problems on the path lead to an almost
fatat accident back in September, and stressed the importance of improved lighting.
Item number two on the agenda was the consent agenda which consisted of the following items:
A. Approval of the Minutes for the meetings of October 1 and 15, 1996.
B. Ordinance No. 19, Series of 1996, second reading of an ordinance correcting Ordinance No. 9, Series of
1995, rezoning a parcel of property legally described as Tract C, Vail Village Seventh Filing from Generat
Use District to Primary/Secondary Residential District.
Mayor Armour read the Consent Agenda in full. A motion was made by Sybill Navas to approve the Consent
Agenda. Paul Johnston seconded the motion. A vote was taken and passed unanimously, 7-0.
Third on the agenda was a review of the proposed Master Planning process for the Lionshead
Redevelopment project. Town of Vail Community Development Director, Susan Connelly presented the item and
provided the following background: On June 4, 1996, Dave Corbin of Vail Associates Real Estate Group, ("VARE")
presented a proposal to Council for a joint study of redevelopment opportunities in Lionshead. Since then, a team
composed of town staff, representatives of VARE, and professional consultants have regularly met to analyze
problems and opportunities in Lionshead and has come up with a master planning process which includes:
(1) Problem/Opportunity Statement
(2) Policy Objectives
(3) Master Planning Scope of Work
(4) Community Participation Plan
(5) Master Plan Process Schedule
(6) The Process Ground Rules
(7) Proposed collaboration, including cost-sharing, with Vail Associates (Budget)
and authorization of the Town Manager to execute:
(1) Contract for Professional Services between Town of Vail and Design Workshop, Inc.
(2) A letter agreement between the Town of Vail and Vail Associates regarding the Master Planning collaboration,
including cost sharing
Council was asked to consider approval of the processes as listed above, including the authorization of a$300,000
expenditure (one-half of the $600,000 budget) to move forward with the planning process. VARE committed to
funding the remaining $300,000. $400,000 will be used for master planning and $200,000 for financial analysis.
Town Manager Bob McLaurin expressed his desire to move forward with the process, stating it was a tremendous
opportunity for the Town to address an issue that had long been neglected. As the discussion continued, Council
1
Vail Town Council Evening MeeGng Minutes November 5, 1996
members Mike Jewett and Kevin Foley recommended waiting two weeks to allow the community time to hear about ;
the proposal and to give members of the community the opportunity to voice their opinions. They were also
hesitant, they said because the budget had yet to be adopted.
McLaurin and Connelly pointed out that significant public input had already been given, and that those involved had
unanimously supported the Lionshead redevetopment process. Community Relations Officer, Suzanne Silverthorne
said those involved in the participation process included the "usual suspects" as well as a list of stakeholders in the
Lionshead area, representation from Lionshead merchants, the community at large, and Vail Village merchants.
Mayor Armour reminded those in attendance that the redevelopment of Lionshead had been on the agenda of past
councils for many years, and reiterated the proposal was tremendous opportunity for all involved which should be
taken advantage of.
Dave Corbin told Council members that the Town's initial investment of $300,000 was only a fraction of the amount
that would go into the project, and encouraged the Council to move forward expeditiously.
David Kenney of Design Workshop, Inc., informed Council of the process his company had proposed as consultant
for the project and said his company would complete a database which could be utilized by the Town over and over
again.
Council members acknowledged the magnitude of the project and clarified Vail Associates' role as a catalyst and
a partner having no more outcome advantages than any other interests involved in the process.
Rob LeVine, General Manager of the Antler's Lodge in Lionshead and a representative of the Lionshead
Merchant's Association, urged Council to move forward with the process, stating that the priority of the Lionshead
Master plan had increased each year since he was first elected to Council in 1989.
Jim Lamont of the East Village Homeowners Association asked that the study area be enlarged to include key
transportation and pedestrian corridors, and for communication directly with individual property owners throughout
the process. .
Rob Ford moved to approve the proposed master planning process for the Lionshead redevelopment, as
recommended by staff, and the motion was seconded by Paul Johnston. A vote was taken and passed, 5-2, Kevin
Foley and Mike Jewett voting in opposition.
Rob then moved to authorize the Town Manager to enter into a contract for professional services between Town
of Vail and Design Workshop, Inc.; and to execute a letter agreement between the Town of Vail and Vail Associates
regarding the Master Planning collaboration, including cost sharing, as recommended by staff, pending review by
Council. A vote was then taken and passed, 5-2, Kevin and Mike voting in opposition.
Agenda item number four was Ordinance No. 21, Series of 1996, first reading of an ordinance to designate
14 properties located in the Town of Vail as open space as provided in Article 13, Section 13.11 of the Charter of
the Town of Vail, Colorado. Mayor Armour read the title in full. Town Attorney Tom Moorhead and Environmental
Health Officer, Russell Forrest presented the item and gave the following background: A Charter Amendment,
which created a process to "freeze open space uses," was approved by the Vail Voters in November of 1995.
The Open Space Board of Trustees met on June 13th and 17th of 1996 to develop and decide on a list of properties
for designation. The Committee unanimously agreed to the properties identified in Attachment A of the November
5, 1996 memo to Council. In July, the Vail Town Council met to review the list of 14 properties and directed staff
to move forward with the necessary sunrey work and to prepare an ordinance to designate the properties as open
space. The staff recommendation was for approval of Ordinance 21, Series of 1996. Russell explained that all 14
parcels, approximately 382 acres, were owned by the Town and were zoned appropriately as open space.
Jim Lamont thanked Council for the action taken in designating the properties as permanent open space.
Rob moved to approve Ordinance No. 21, Series of 1996 on first reading and Sybill seconded the motion. A vote
was taken and passed unanimously, 7-0.
Agenda item number five was Ordinance No. 17, Series of 1996, first reading of an ordinance amending Special
District No. 21, the Vail Gateway Building, and amending the development plan in accordance with Chapter 18.40
of the Town of Vail Municipal Code and setting forth details in regard thereto. Mayor Armour read the title in full.
The applicant, Vail Apartment, Inc. (Owner of Unit 5) was represented by Steve Riden. Town of Vail Planner,
George Ruther presented the item and reminded Council of a site visit on September 17, and their decision at that
evening's meeting to table the item until such time as the applicant could provide Community Development with an
approval letter from the Vail Gateway Plaza Condominium Association, and that the illegal, neon illumination on the
directory sign located on the west side of the Gateway Building, be removed and brought into compliance with the
original DRB approval. George then informed Council members that approval had been received as evidenced by
a letter dated September 30, 1996 from Norman R. Helwig, and further that the illegal directory sign had been
disconnected.
Rob moved to approve Ordinance No. 17, Series of 1996, on first reading, and the motion was seconded by Sybill.
A vote was taken and passed unanimously, 7-0.
Sixth on the agenda was a report from the Town Manager. Bob McLaurin said the Library/Dobson Arena chute
2 Vail Town Council Evening Meeting Minutes November 5, 1996
.
~ construction project would be completed on Friday, November 8, 1996.
Assistant Town Manager, Pam Brandmeyer informed Council members of Vail`s 30 year birthday celebration to be
held in conjunction with the opening of the newly renovated Transportation Center. She.said the event had been
scheduled for Friday, December 6, which coincides with the World Cup and Crystal Ball, and encouraged all to mark
their calendars for the 1:00 p.m. ribbon cutting ceremony.
There being no further business a motion was made for adjournment and the meeting was adjourned at
approximately 9:40 p.m.
Respectfully submitted,
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
Minutes taken by Nolly McCutcheon
(*Names of certain individuals who gave public input may be inaccurate.)
3 Vail Town Coundl Evening Meeting Minutes November 5, 1996
MINUTES
VAIL TOWN COUNCIL MEETING
November 19, 1996
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, November 19, 1996, in the Council Chambers of the
Vail Municipal Building. The meeting was called to order at approximately 7:30 P.M.
MEMBERS PRESENT: Robert W. Armour, Mayor
Sybill Navas, Mayor Pro-tem
Kevin Foley
Rob Ford
_ Paul Johnston
Ludwig Kurz
MEMBERS ABSENT: Michael Jewett
TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager
Tom Moorhead, Town Attorney
Holly McCutcheon, Town Clerk
The first item on the agenda was Citizen Participation. Vail resident, Scotty McGowan expressed his concerns regarding
uncontrolled, vicious dogs in town.
Next, Sheika Gramshammer of the Gasthof Gramshammer Lodge, addressed the Council about noise problems in the
Village core, and was especially concerned with the 7:00 a.m. trash removal. She said trash removal that early in the
morning was especially annoying to guests and suggested a later pick up of 8:00 a.m.
Jo Stauffer of the Vail Village Inn said he supported Sheika's concerns, and stated that because of the mixed use
buildings in the Village, it was important to be "liveable". On another matter, Mr. Staufer asked Council members to
reconsider their decisions pertaining to the Red Sandstone housing project, stating it would be a mistake to put public
lands to private ownership. He also indicated he did not appreciate the architecture of the project.
Peter Franke, an employee of Gasthof Gramshammer then addressed Council regarding the early trash removal issue.
In addition to an 8:00 a.m. pick up, Franke suggested back up beepers and diesel engines on the trucks be cut off to
help alleviate noise, and asked that Checkpoint Charlie be staffed at night.
Roy Parsons of BFI explained the trash removal process in the Village, and said he understood the concerns expressed
by Gramshammer. However, he explained that in addition to coming up with a cost effective collection system, safety
was his company's main issue. Larry Roman, facilities manager for BFI was also on hand to explain operations. .
Jim Lamont of the East Village Homeowners Association said he supported all parties who spoke on the trash removal
issue. He said he was confident that short and long term solutions to the loading and delivery problems coutd be
reached, and that everyone in the community should participate.
Item number two on the agenda was the consent agenda which consisted of the following items:
A. Ordinance No. 17, Series of 1996, second reading of an ordinance amending Special District No. 21, the Vail
Gateway Building, and amending the development plan in accordance with Chapter 18.40 of the Town of Vail
Municipal Code and setting forth details in regard thereto. Applicant: Vail Apartment, Inc., represented by Steve
Riden.
B. Ordinance No. 21, Series of 1996, second reading of an ordinance to designate 14 properties located in the
Town of Vail as open space as provided in Article 13, Section 13.11 of the Charter of the Town of Vail, Colorado.
Mayor Armour read the Consent Agenda in full. A motion was made by Sybill Navas to approve the Consent Agenda,
and Paul Johnston seconded the motion. A vote was taken and passed unanimously, 6-0.
Third on the agenda was Ordinance No. 23, Series of 1996, first reading of the 1997 budget and financial plan, and
consideration of a 1998 budget and financial plan. Mayor Armour read the title in full. Town of Vail Finance Director,
Steve Thompson presented the item, stating that the annual appropriation Ordinance No. 23, Series of 1996 will adopt
the 1997 budget and approve the 1998 budget, and that staff recommendation was for approval of the Ordinance on
first reading. Mayor Armour asked that staff look at the opportunity to add an additional firefighter position prior to
second reading. Paul inquired about the number of community safety officers employed by the town. Town Manager,
Bob McLaurin stated that currently there were four, but that additional officers would likely be needed once a new
loading and delivery plan was adopted.
Rob Ford moved to approve Ordinance No. 23, Series of 1996 on first reading with a second from Sybill. Sybill then
stressed the importance of an additional firefighter. Bob McLaurin said he would have information available at the
November 26 work session as to the cost of the position. A vote was then taken and passed unanimously, 6-0.
Agenda item number four was Ordinance No. 24, Series of 1996, first reading of an ordinance providing for the
establishment of Special Development District No. 33, Red Sandstone; adopting a development plan for Special
Development District No. 33 in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in
1 Vail Town Coundl Evening Meeting Minutes November 19, 1996
regard thereto; and Ordinance No. 20, Series of 1996, first reading of an ordinance rezoning three tracts from General
Use Section 18.36 to Medium Density Multi-Family Residential, Section 18.18 generally located at 945 Red Sandstone
Road. Senior Housing Planner, Andy Knudtsen presented the two ordinances and referred to an October 28, 1996
memorandum to the PEC. He explained that the zoning change was needed to move forward with a proposal initiated
by the Eagle River Water and Sanitation District in partnership with the Town of Vail and the U.S. Forest Service for a
17-unit affordable housing development. He said the water district was the owner of three-quarters of the property, while
the Forest Service owned one-quarter of the land, and that the town and Forest Service were negotiating a transfer to
the town as part of the Land Ownership Adjustment Agreement. Andy further stated that the land use plan was
consistent with the proposed use, and that the project was well within the range and consistent with what currently exists
in the area. He mentioned that parking and loading areas were well within #he requirements. The staff recommendation
was for approval of Ordinance No. 20, Series of 1996 and Ordinance No. 24, Series of 1996.
Tom Braun of Braun &.Associates, Pat Dauphanias of the Eagle River Water and Sanitation District, and Jim Morter
of Morter Architects presented a visual design of the project, answered questions, and provided an overview of the
proposed site plan.
Jim Lamont of the East Village Homeowner's Association questioned whether the units should all be sold, and
suggested keeping a portion of the units in the affordable housing pool. He requested the Water District's use of their
units be similar be similar to that of the town's, as far as the number available for critical and non-critical employees,
the rest being drawn for in a lottery. He said housing was needed for all employees, not just those employed by the
government. Additionally, Lamont said he would like to see additional sidewalks put in.
Rob Ford complemented the Water District for its efforts in presenting an affordable housing project for the community.
He said an excellent job was done meeting the criteria and proposing the project, and suggested Council approve the
project and move forward. He said he was confident the smaller details could then be worked out.
Rob Ford moved to approve Ordinance No. 20, Series of 1996 on first reading with changes as recommended
by Town Attorney, Tom Moorhead. Sybill seconded the motion, and a vote was taken and passed
unanimously, 6-0.
Ordinance No. 24, Series of 1996 was then discussed. Rob Ford stated the project met with all the design
guidelines as required. Sybill moved to approve Ordinance No. 24, with addition of language pertaining to
deed restriction and streamwalk setbacks for the project. Rob Ford seconded the motion.
Mayor Armour then complimented the project, pointing out that the setbacks had been met, and that parking
and landscaping was greater than what was required for the project. Paul Johnston stated he couldn't vote in .
favor of the project because of concerns about the architectural design, in particular the flat roofs. A vote was then
taken and passed, 5-1, Paul voting in opposition.
Agenda item number five was An appeal of a variance denial made by the Ptanning and Environmental
Commission on September 23, 1996. The appellants were denied a site coverage variance to allow an additional one-
car garage to be constructed at 742-B Sandy Lane/Unit B, Lot 3, Vail/Potato Patch, Second Filing. Appellants: Charles
and Geri Campisi, represented by Kerry Wallace. Town Planner pominic Mauriello informed the Council that the
appellants requested the matter be continued to December 17, 1996.
Rob moved to table the item until the December 17 evening meeting and Sybill seconded the motion. A vote
was then taken and passed unanimously, 6-0.
Sixth on the agenda was a report from the Town Manager. Bob McLaurin stated he had nothing to add.
Kevin Foley announced the Eagle County Regional Transportation Authority had authorized $250,000 in
transportation sales tax funds to help complete the Dowd Junction recreational path. He said approval was
based on a recommendation by the Trails Committee, which reviews requests for matching funds.
There being no further business a motion was made by Rob for adjournment. Kevin seconded the motion and
the meeting was adjourned at approximately 9:55 p.m.
Respectfully submitted,
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
Minutes taken by Holly McCutcheon
(*Names of certain individuals who gave public input may be inaccurate.)
2 Vail Town Counal Evening Meeting Minutes November 19, 1996
.
ORDINANCE NO. 23
SERIES OF 1996
ANNUAL APPROPRIATION ORDINANCE:
ADOPTING A BUDGET AND FINANCIAL PLAN
AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES
OF THE TOWN OF VAIL, COLORADO,
FOR ITS FISCAL YEAR JANUARY 1, 1997, THROUGH DECEMBER 31, 1997,
AND PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF
TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 1996 TAX YEAR _
AND PAYABLE IN THE 1997 FISCAL YEAR; AND, FURTHER,
CONSIDERING A BUDGET AND FINANCIAL PLAN FOR ITS FISCAL YEAR
JANUARY 1, 1998 THROUGH DECEMBER 31, 1998 WITHOUT FORMAL ADOPTION.
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado,
the Town Manager prepared and submitted to the Town Council a proposed long-range capital
program for the Town and a proposed budget and financial plan for all Town funds and
activities for the 1997 and 1998 fiscal years; and
WHEREAS, notice of public hearing on the proposed Town budget and capital program
was published on the 8th day of November, 1996, more than seven (7) days prior to the hearing
held on the 19th day of November, 1996, pursuant to Section 9.5 of the Charter; and
WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for
the 1997 fiscal year, to make appropriations for the amounts specified in the budget, and to
provide for the levy, assessment and collection of Town ad valorem property taxes due for the
1996 year and payable in the 1997 fiscal year; and
WHEREAS, it is believed appropriate and fiscally sound for the Town Manager to
present the budget and financial plan for 1998 to be considered by the Town Council to provide
a complete financial plan on a biennial basis.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado,
that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado,
for the enactment hereof have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following
annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day
of January, 1997, and ending on the 31 st day of December, 1997:
FUND AMOUNT
General Fund $15,508,492
Capital Projects Fund 16,362,673
Real Estate Transfer Tax 3,104,176
Parking Structure Enterprise Fund 2,254,272
Heavy Equipment Fund 1,569,500
Police Confiscation Fund 76,568
Debt Service Fund 2,212,845
Health Insurance Fund 934,400
Vail Marketing Fund 341,500
Booth Creek Debt Service Fund 24,000
Vail Housing Fund 4,084,650
Facility Maintenance Fund 1736.317
Total: $48,209,393
Less Interfund Transfers: < 9.908.369>
Net Budget $38.301.024
~ Ordinance No. 23, Series of 1996
.
3. The Town Councit hereby adopts the full and complete Budget and Financial
Plan for the 1997 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town.
4. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 1997 fiscal year, the Town Council hereby levies a property
tax of 4.71 mills upon each dollar of the total assessed valuation of $394,681,500 for the 1996
tax year of all taxable property within the Town, which will result in a gross tax levy of
$1,858,949, calculated as follows:
Base mill levy 4.69 $1,851,056
Abatement mill levy .02 7.893
Total mill levy 4.71 $1.858.949
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by
the Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
5. The Town Council has considered the budget and financial plan for the fiscal
year January 1, 1998 through December 31, 1998 as presented by the Town Manager, takes
no formal action in regard to it at this time and further directs the Town Manager in accordance
with Article IX of the Charter of the Town of Vail to present the proposed 1998 budget and
financial plan for adoption no later than thirty (30) days prior to the close of the 1997 fiscal year.
6. This Ordinance shall take effect five (5) days after publication following the final
passage hereof.
7. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless
of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
8. 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.
9. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
10. 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.
2 Ordinance No. 23, Series of 1996
t
~
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 19th day of November, 1996. A public hearing shall be held
hereon on the 3rd day of December, 1996, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the Town.
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of December, 1996.
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
3 Ordinanee No. 23, Series of 1996
~
s
ORDINANCE NO. 23
SERIES OF 1996
ANNUAL e4PPROPRIATION ORDINANCE:
ADOPTING A BUDGET AND FINANCIAL PLAN
AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES
OF THE TOWN OF VAIL, COLORADO,
FOR ITS FISCAL YEAR JANUARY 1, 1997, THROUGH DECEMBER 31, 1997,
AND PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF
TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 1996 TAX YEAR
AND PAYABLE IN THE 1997 FISCAL YEAR; AND, FURTHER,
CONSIDERING A BUDGET AND FINANCIAL PLAN FOR ITS FISCAL YEAR
JANUARY 1, 1998 THROUGH DECEMBER 31, 1998 WITHOUT FORMAL ADOPTION.
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado,
the Town Manager prepared and submitted to the Town Council a proposed long-range capital
program for the Town and a proposed budget and financial pian for aN Town funds and
activities for the 1997 and 1998 fiscal years; and
WHEREAS, notice of public hearing on the proposed Town budget and capital program
was published on the 8th day of November, 1996, more than seven (7) days prior to the hearing
held on the 19th day of November, 1996, pursuant to Section 9.5 of the Charter; and
WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for
the 1997 fiscal year, to make appropriations for the amounts specified in the budget, and to
provide for the levy, assessment and collection of Town ad valorem property taxes due for the
1996 year and payable in the 1997 fiscal year; and
WHEREAS, it is believed appropriate and fiscally sound for the Town Manager to
present the budget and financial plan for 1998 to be considered by the Town Council to provide
a complete financial plan on a biennial basis.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado,
that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado,
for the enactment hereof have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following
annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day
of January, 1997, and ending on the 31 st day of December, 1997:
FUND AMOUNT
General Fund $15,508,492
Capital Projects Fund - 16,362,673
Real Estate Transfer Tax 3,104,176
Parking Structure Enterprise Fund 2,254,272
Heavy Equipment Fund 1,569,500
Police Confiscation Fund 76,568
Debt Service Fund 2,212,845
Health Insurance Fund 934,400
Vail Marketing Fund 341,500
Booth Creek Debt Service Fund 24,000
Vail Housing Fund 4,084,650
Facility Maintenance Fund 1.736.317
Total: $48,209,393
Less Interfund Transfers: < 9.908.369>
Net Budget $38.301.024
~ Ordinance No. 23, Series of 1996
,
3. The Town Council hereby adopts the full and complete Budget and Financiai
Plan for the 1997 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
avaitable to the public in the Municipal Building of the Town.
4. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 1997 fiscal year, the Town Council hereby levies a property
tax of 4.71 mills upon each dollar of the total assessed valuation of $394,681,500 for the 1996
tax year of all taxable property within the Town, which will result in a gross tax levy of
$1,858,949, calculated as follows:
Base mill levy 4.69 $1,851,056
Abatement mill levy .02 7.893
Total mill levy 4.71 $1.858.949
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by
the Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
5. The Town Council has considered the budget and financial plan for the fiscal
year January 1, 1998 through December 31, 1998 as presented by the Town Manager, takes
no formal action in regard to it at this time and further directs the Town Manager in accordance
with Article IX of the Charter of the Town of Vail to present the proposed 1998 budget and
financial plan for adoption no later than thirty (30) days prior to the close of the 1997 fiscal year.
6. This Ordinance shall take effect five (5) days after publication following the final
passage hereof.
7. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless
of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
8. 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.
9. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
10. 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.
2 Ordinance No. 23, Series of 1996
~
~
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 19th day of November, 1996. A public hearing shall be held
hereon on the 3rd day of December, 1996, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the Town.
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of December, 1996.
Robert W. Armour, Mayor
ATTEST:
Holly McCutcheon, Town Clerk
3 Ordinance No. 23, Series of 1996
~
. ~
Memorandum
TO: Town Council
FROM: Andy Knudtsen, Scnior Housing Policy Planner
Susan Connelly, Community Devcloptnent Director
DATE: Novcmber 19, 1996
SUBJECT: Summary of issues conccrning the Red Sandstone Employee Housing development
Three Key Decision Points
1. Is the proposed zone district appropriate?
* Compatible with surrounding dcnsitics?
* Consistent with Land Use Plan?
* Neighborhood opposition at PEC?
* Meets rezoning criteria, as discussed in staff inemo?
l I. Is thc rcqucstcd Spccial llcvclopmcnt District appropriatc?
* Achieves purposc of an SDD, i.e. flexibility and documentation?
* Proposed devclopment falls below allowed maximums of the Mcdium Density
Multi-Family zonc district?
* SDD documents the details of the future development now, prior to approval of
the "up-zoning" provides certainty?
III. How important are the architectural details, relative to achievcment of thc objcctive of
locals housing?
* The two Planning commission members who votcd against the project did so based
on concerns about the architecture, not based on the overall merits of the project.
One person attended the PEC meeting to express concern about the project, but
primarily focuscd on policy issucs, not architectural elements.
Alread.y decided
1. On November 12, 1996, the Council concluded that the 5 units which the Town controls
will be sold to employees who work for the Town-- three critical and two non-critical
employees.
P:everyonelAndy\96_memosUedsand.n 19
. t
MF.MORANDt1M
TO: Planning and Environmcntal Commission
FROM: Community Dcvclopmcnt Dcpartmcnt
DATE: Octobcr 28, 1996
SUBJECT: A request for a rczoning from Gencral Usc to Medium Density Multi-family, and a
, requcst for the cstablishment of a Special Devclopment District to allow for the
development of 17 EHU's, locatcd on an unplatted parcel on a portion of Parcel A
and part of Block D, Lionsridgc Filing # 1.
Applicants: Eagle River Water and Sanitation District, the United States Forest
Scrvice and the Town of Vail
Planncr: Andy ICnudtsen
1. DESCRIPTION OF THE REQUESTS
Thc propcrty, locatcd at 845 Rcd Sandstonc Road, is undcr considcration for a rczoning and a
Special Dcvelopment District. The currcnt zoning is Gcncral Use District. The proposed zoning
is Medium Dcnsity Multi-Family (MDMF), Thc ncw zoning would increase the development
potential, as the existing zoning limits thc uses to public types of uscs. The applicants include the
Eaglc Rivcr Water and Sanitation District (the District), the United States Forest Service and the
Town of VaiL Thc District owns approximatcly thrcc-quartcrs of thc land area undcr
consideration. The Forest Service currently owns one-quarter of the land area. The Town and
Forest Scrvicc arc currcntiy in ncgotiations to transfcr thcir portion to thc Town, as part of the
Land Ownership Adjustmcnt Agrecment (LOAA).
The sitc is currently vacant, as the focmcr water trcatmcnt and storage plant has been rcmoved
recently. If the request is approved, the applicants will construct seventeen condominiums. The
dwelling units will be located in four buildings, locatcd along the Red Sandstone Creek. There
will be 7 one-bcdroom, 5 two-bcdroom, and 5 three-bedroom dwelling units. Each dwelling unit
will have its own one-car garagc, with thc exception of one threc-bedroom unit, which will have a
two-car garage.
The primary reason the applicant5 are proposing an SDD at this time is to provide a detailed
record of the future developmcnt potential, which will eliminate qucstions about future
development potential of the property. The SDD is a helpful tool to obtain answers to questions
about the potential development impacts from the rezoning of the property. In addition to that
primary purpose, there is one deviation from the Zoning Code, which would either require a
variance or be allowed via the SDD approval.
1 F:~everyone\pec\nemossandstone.o28
Thc applicant is proposing a 4-foot high rctaining wall bctwccn thc cdgc of Rcd Sandstonc Road
and thc intcrior drivcway. Duc to thc fact that this arca is locatcd in thc front sctback, thc Town
Zoning Codc limits thc height to threc fect. The wall excecds that ailowable hcight by 1 foot and
this is a dcviation from thc codc.
Upon completion of the LOAA, thc Town will have title to the northern-most portion of the
development site. The Town and the District will hold the ]and until a Homeowner's Association
(HOA) can be crcated. Upon establishment of an HOA, thc Town and the District will transfer
ownership of all the land to thc Association. There is no developer profit anticipatcd for the
project. Thc sales price of the condominiums will be based on the cost of construction. In the
development agreement between the District and the Town, there is an allowance for up to 25%
of thc units to be sold as free-market dwelling units (i.e. no decd restrictions). The purpose for
this is to dcfray the costs and lower the purchase price for the future homeowners. At this time, it
is anticipated that 100% of thc units will be deed restricted. The deed restriction will be similar to
that used for Vail Commons, which restricts the sale to local employees.
After construction, it is anticipated that most of the homes will be owner occupied. The Town
and the District will make the homes available to thcir employees. While thc Town anticipates
selling the dwclling units to its cmployees, the District will both scll and retain ownership of some
of its units to rent to its employecs. Morc discussion of thc proposed unit ownership will be
provided later in the memo.
2 F:\everyone\pec\memossandstone.o28
. w
II. ZONING ANALYSIS
Staff has p?•ovided a Zoning Analysis oFt}le proposed project, as it compares to the MDMF
standards:
Zoning: General Use Distiict (GU)
Proposed Zoning: Medium-Density/Multiplc Family (MDMF) w/ Special Devclopment District (SDD)
Lot Sizc: 1.60 acres or 69,887.66 sq. f't.
13uildablc lot ai•ca: 54, 140 sy. i't.
AllowedMDIMF Prnposed
Density 22 d.u.s 17 d.u.s
I leight: 35' 35'
c,Rrn: 18,449 sq. ft. 16,275 sy, fc.
Sctbacks:
Front: 20' 20'
Sidc/Side 20' 20'
Rcar: 20' 20'
Site Covcragc: 31,449 sq. fl. 12,029 sq. ft.
or 45'% or 17'%
Rcyuircd Proposed
Landscaping: 20,966 sq. Il. 36,450 sq. ft.
or 30'YO or 52'%)
Parking: 34 spaces 44 spaccs
required proposed
Pcrcent enclosed: SO% o f 53% cnclosed
required parking
. ci7> (lx)
IiI. SUMMARY OF DISCUSSION FROM PEC WORKSESSION ON SEPTEMBER 9,1996
Below are the list of questions raised at the previous PEC worksession. Staff has grouped them
into catcgories of general issues and specific items relating to the project. .
1. Is the SDD the appropriate tool to use for the review of this proposal?
Staff believes that the SDD is the most appropriate process to use in this case, because it requires
the specific design to be provided simultaneously with the requcst for a change in zoning. For
clarification, the proposed development densities fall below those allowed under the MDMF
3
w ,
zoning. Thc proposed ievcls of density will become the new cap and any future request for
cxpansions will triggcr a major SDD amendment. A major SDD amendment must bc approved by
Town Council with two rcadings, aftcr a recommendation by PEC. Though the SDD process
allows requests which exceed the limits of the undcrlying zoning, thc standards are referenced and
uscd as a"yard stick" to ensure that proposals are consistcnt with surrounding propertics.
Furthermore, the process is such that interested parties and adjacent property owncrs will have
amplc opportunity to give input on thc requcsts.
2. Is affordable housing an appropriate use of the land? Is it appropriate to transfer land
from the United States Forest Service to the Town of Vail for affordable housing?
The Land Owncrship Adjustment Agreemcnt (LOAA) provides for a comprchensive transfer of
land between the Town of Vail and the Forest Service. Land on the perimeter of the Town
overlaps into the jurisdiction of both cntitics. The LOAA is an effort to exchange different
properties between the two entitics to create a win-win situation. 'As part of this effort, several
parameters were laid out for the use of thc lands under considcration. Some of these include:
411. That thcrc will bc no National Forest Scrvicc lands within thc municipal
limits of the Town of Vail.
2. That the Forest Scrvicc survcy, idcntify, and maintain a common boundary
of the Town of Vail and thc Forest Service and that both agencics share in
thc cnforccmcnt of rcgulations pcrtaining to thc boundaries. Thc boundary
has been simplificd whcre possiblc, irrcgularitics havc becn reduccd or
climinatcd.
3. That all lands acnuired by the Town of Vail are used for public purposes,
such as open space, employec housing (per the Town of Vail employee
housing ordinance), recreation or for the resolution of unauthorized uses."
The LOAA was approved by the Town Council on May 17, 1994. Staff relies on it as the most
authoritative document concerning the transfer of land from the Forest Service to the Town of
Vail. The third paragraph above clearly calls for employee housing as a recommended use for
LOAA parcels, such as the one under consideration.
3. Should the development be targetcd for the rerital market or the ownership market?
Staff has identificd three sectors of the residential market, which the Town is trying to serve based
on needs of the community: the permanent resident, the year-round renter, and thc seasonal
renter. The size, scale, and location of this site lends itself best to the permanent resident looking
4
purchasc a homc. Onc of thc conccrns is that thc "affordability" could bc lost, aftcr thc first salc.
A dced restriction, similar to that uscd with thc Vail Common5 dcvclopmcnt, will also bc uscd
with this dcvclopmcnt and the restriction will limit thc resalc valuc to an apprcciation of threc
percent per year. In addition to the three percent per year which individuals can realize at time of
resale, other costs can be added to the resale price. For example, if the Homeowner's Association
assesses cach unit owner for reroofing, residing, additional landscaping, paving, etc., one hundred
perccnt of the assessment can be added to the resale price, allowing the owncr to recoup costs
attributed to maintenance. The dced re5trictions have been writtcn in such a way to preserve the
affordablc purchase price, while allowing residents to invest in the upkeep of their homes. The
dced restrictions run in perpetuity, climinating any risk of iosing the initiat subsidy to a future
homeowncr.
4. Should thc dwelling units be made available to the residents throughout the community?
Ycs, staff bclieves that all residents should be able to participatc in a lottery according to criteria
which reflects the needs of thc community. Staff recommends that there be three tiers:
• Critical cmployees working for the Town/District (to bc detcrmined by each organization);
• Other employees working for the Town/District (to be allocated as determincd by each
organization); and
• Other community residcnts/cmployccs (to bc allocatcd by Town of Vail / District).
In response to the point made about Town employccs having an unfair advantagc ovcr ather
community residents, thcre are two issues to consider: the Town provides a service to the
community and staffing thc Town cnablcs thc dclivcry of scrvices to thc community. It is not an
us/thcm issue, wc arc in this togcthcr. Sccondly, thc Town and District arc trying to lcad by
cxamplc by crcating affordablc housing for thcir cmployccs, to cncouragc othcr cmployers to do
thc samc.
5. How can the Town and District ensurc that the units are used by employees of the Town
and District in thc future?
Staff believes it is primarily an issue of priority-- we would like to see critical employees of the
two organizations housed as the top priority. With that goal in mind, the Town and District will
establish reciprocal 1 st and 2nd rights of refusal for all 17 dwelling units in the development. This
will allow the employees at the top of the lottery criteria list to be housed.
However, if other employees own the units, we have still accomplished the goal of providing
employee housing. As indicated in the lottery criteria list, othcr residents of the community will
have an opportunity to buy homes in this development, if the supply is not exhausted by
employees in the higher priority categories. Staff believes it would be heavy-handed to require a
sale and then evict a local who chooses to work for a different employer in the valley. Regardless
of employment location, the deed restrictions require that residents work an average of 30 hours
per week at businesses which are located in Eagle County.
5
6. What has bccn thc precedent for roads which cross privatc propcrty?
Staff researched two other propertics where this situation has occurrcd. At the time of
redevelopment, the Town required casemcnts to accommodatc the cxisting alignment of thc
pavement, but did not require dcdicatian of that portion of the site as right-of-way. As thc land
continued to be hcld as private property, the Town allowed the area in thc casement to bc used in
the calculation of GRFA and other dcvelopment standards. This is also consistent with the way
the Town treats other easements (such as utility and drainage casemcnts), conccrning the
calculation of dcvclopment standards.
Specific items relating to the development proposal.
1. Insure that any wetlands to bc disturbed are mitigated adequately.
Aftcr walking thc site with Russ Forrest, t}ic Town Environmcntal Plannei• and Nicole Ripley, a
wetland consultant, staff understands that the Cotps of Engincers must be notified of the activity
on-site. The consultant will asscss the wetland qualities of the sitc, review the developmcnt plans,
and determinc the potential area of disturbance to jurisdictional wetlands. The consultant has
recornmended that an area equivalent to that of the disturbance be replanted on the north and
south ends of thc sitc, as mitigation for arcas being impacted.
Thc applicant undcrstands that thc northcrn and southcrn cnds of thc site must bc plantcd with
nurscry grown stock, matching thc willow species currently on-sitc. The spccific area of
revegctation has yct to bc dctcrmined, but will be dctermined prior to the first reading of thc
ordinance by Town Council. Neither the consultant or the Town's environmental planner believc
that the characteristics of thc site, or the magnitude of the proposed devclopmcnt, will warrant
other mitigation requirement5 than those described abovc.
2. Architccturc .
In the discussions about the architecture at the previous PEC worksession, the PEC and DRB
members were roughly split as to the appropriateness of flat roofs. After reviewing the colored
renderings, the Board members had a greater appreciation for the quality of the proposed
development, specifically the amount of variety within the massing, or as described in the hearing,
the "wedding cake effect." Staff believes that from the range of comments on the flat roofs, the
best analysis of them is summarized as follows: flat roofs can be thc most cfficient and are
appreciated by design professionals. Designs which incorparate flat roofs can be very high quality
(and in fact are better than the design of Vail Commons). However, the public will not appreciate
the good architecture and will perceive the project as a stack of boxes. Furthermore, this image
will convey "public housing."
6
. w
Thc applicablc critcria in thc Zoning Codc is found in thc Dcsigii Rcvicw Scction and thc SDD
criteria. Thc SDD calls for compatibility with the surrounding propertics. In this case, the
surrounding properties have cither pitched roofs or a combination of flat with shed roofs. The
DRB criteria arc more spccific and statc that:
• The majority of roof forms within Vail are gable roofs with a pitch of at lcast four feet in
twelve feet. Howcvcr, other roof forms arc allowed. Consideration of cnvironmental and
climatic determinants such as snow shedding, drainagc, and solar exposure should be
integral to the roof design.
• Deep eaves, overhangs, canopies, and other building features that provide shelter from the
elements are cncouraged,
• The guidelines also call for snow shedding to be minimized in pedestrian areas.
It should also be notcd that although flat roofs may be appreciated for thcir simplicity, flat roofs
are an often cited attribute of Lionshcad which thc cominunity is trying to move away from.
Another i5sue raised by the PEC was the need to break-up the siding material with areas of
stucco. Both the flat roof issuc and thc stucco issue have not been addressed since the previous
PEC/DRB workscssion.
3. Consolidate curb cuts.
Thc projcct has been re-engincered so that both Brooktrce, Sandstonc Park and thc proposed
projcct are servcd by onc curbcut. Thc applicants arc willing to providc pcrmancnt acccss
cascmcnts for thc ncighboring dcvclopmcnts.
4. Add a staircase to the north end of the sitc to access the Town of Vail bus stop.
The applicant has been concerned that providing a staircase from the development to the bus stop
across the strect could be seen as a discriminatory act, against disabled individuals. Staff has
researched the issue with the Town attorney, as well as with Vail Associates staff who deai with
ADA issues regularly. Since the elevation difference at this corner of the site is approximately 16
feet, a ramp connecting the development to the upper road would be over 200 feet long. Given
the tough requirements of the topography and the law, a connection at this location cannot be
provided.
5. Add landscaping along Red Sandstone Road.
The Town has a sight-distance standard for intersections between driveways and roads, such as
Red Sandstone Road. The area falling within a triangle of 10 feet by 250 feet must remain free of
vegetation which could block the sight of oncoming traffic. Notwithstanding this requirement,
staff believes that additional landscaping must be planted along Red Sandstone Road. Previously,
7
. .
. thcrc wcrc 8 sprucc and 8 shrubs in this arca. Sincc the workscssion, the applicant has added
plant matcrial so that thcrc is now a total of 13 sprucc, 3 cottonwoods and R shrubs in the area.
Howevcr , staff bclieves that additional buffcring is necded. Staff recommends adding 4 spruce
and 5 shrubs in the area that cxtcnds south from the largest group of landscaping. The applicant
has agreed to plant this area, as long as the finished grade is such that landscaping can be planted
in the arca.
6. Provide a sidewalk along Rcd sandstone Road.
There is not sufticicnt room, given the rctaining rcquired, for a sidcwalk. At the end of the
worksession on September 9, 1996, the PEC concluded that given the site constraints, additional
landscaping was a higher priority than a sidcwalk.
7. Provide a streamwalk.
After studying the site, staff believes that the connection from a potential streamwalk to the road
abovc is not workablc. As discussed above, the elcvation diffcrence at the base of the upper road
is significantly higher than the stream. Given the relativcly short length of walkway and the steep
climb required around the crcek culva-ts, a strcamwalk docs not appear to be a component that
could readily bc included in the dcvelopment.
A compromise solution may bc to have the applicant provide a pcdestrian/fi sherman's eascment
along the creek. This would allow creek access, without requiring a walkway to be constructed
that would not bc workablc.
Providc additional snow storagc.
The snow storage areas are now 30% of the total pavement area. Staff believes the increase in
this area, which has been madc since the worksession, adequately provides for storage areas.
9. Parking for the three bedroom units.
Increasing the size of the garages for the three bedroom units would require a redesign of the
whole project. However, in order to address the concerns of the PEC and to ensure that the three
bedroam units are adequately served, the applicant has suggested that a guest space be reserved
for each three bedroom unit.
10. Pedestrian access from within the garages.
Pedcstrian doors have been added to the garages which have some portion of exterior wall. In
several cases, the way the buildings have been notched, provided just enough of an exterior wall
8
r A
to includc a door. Howcvcr, onc garagc in cach building docs not have adcquatc cxtcrior
cxposurc to add a pcdcstrian door.
11. Ovcncead utilitics.
The applicant has committed to removing the existing overhead utilities. For clarification
purposcs, staff understands that the existing two poles on sitc will be removed and thc existing
servicc will terminate at the pole located immediately north of the Sandstone Park building.
12. Details.
The dumpster will bc enclosed, to improve the quality of the entrance area of the development.
Thc sod areas between the buildings have becn expandcd, to provide additional turf area for the
re5idents to use. The sod will bc easier to maintain than "nativc vcgetation," particuiarly since the
new areas between the buildings will connect the sod from the front and back.
IV. EVALUATION OF TEiE REZONING REQUEST
Thc critcria, thc Town has uscd in thc past, to cvaluatc rczoning rcqucsts arc listed bclow:
A. Is thc rcqucst in conformity with thc Land Usc Plan?
Thc Town of Vail Land Use Plan dcsignatcs these parccls as Mcdium Density
Residential (MDR), which translates to a density of 3- 14 dwclling units per
buildablc acrc. Page 32 of thc Land Usc Plan calls for thc following typc of
devclopments in areas with this designation:
"The mcdium dcnsity residcntial catcgoty includcs housing which would
typically be designed as attachcd units witli commons walls. Densities in
this category would range from 3 to 14 dwelling units per buildable acre."
The buildable arca of the combined Sites is 1.24 acres. As the proposed
development will consist of 17 dwelling units, thc resulting dcnsity will be 13.71
d.u./ac. which is less than what the Land Use Plan prescribes. Please note that
this calculation is based on buildable site area, not total site area. Additionally, the
requested zoning of Medium Density Multi-Family Residential allows for up to 18
dwelling units per buildable acre.
B. Have circumstances changed since the original zoning was placed on the property?
The District has used the facility in the past for water treatment and storage. It is
no longer needed by the District. The site is surrounded by rights-of-way and
roads, utilitics, infrastructure, and residential condominiurn and townhouse developments. Staff believcs that because the arca has developed over time as a
residential neighborhood, that it is reasonable to rezone this site to allow
residential development, in order to be compatible with adjacent land uses.
9
~ .
C. Docs thc proposcd zoning providc for thc growth of an ordcrly and viablc
community'?
Staff bclicvcs that the devclopmcnt of this sitc as affordablc housing will increasc
the viability of our community. Affordable housing has been listed in the Town's
annual community survey as a top priority, for rcasons of cconomic stability as
well as the desirc to incrcasc the sense of community. Though interest runs high,
locating sites which can accommodate affordable housing is difficult. Housing at
this location addresses the priorities of the community and enhances thc viability of
the Town.
D. Does the proposed zoning present a convenient, workable relationship among land
uses consistent with municipal objectives?
The land uses on the surrounding properties are similar to the uses of the proposed
development. The applicant has prepared an analysis of the densities of the
surrounding properties, which is shown below:
Proicct Zone Dis[ricU Parccl Units Gross Dcnsitv
Pcrmitted Dcnsitv Si?c dWac
Potato Patch Club RC, C/ac + 10 acres 44 4.4
Sandstonc Park LDMF, 9/ac 1.54 I C6 10•3
[3i•ookU'cc MDMF, 18/ac; 1.23 acres 48 22.0
Cotton wood P<u•k LDMF, 9/ac .69 acres 7 10.1
Arpcn trcc MDMF, 18/ac .49 acres 15 30.6
Sandstonc Crcck Club LDMF, 9/ac 5.9 acres 84 14•2
Sun Vail MDMF, 18/1c 4.91 acres 60 12•2
Brcakaway WcsC MDMF, t£i/ac 1.87 acccs 54 28.8
SnowLion/SnowFox MDMF, 18/ac 1.36 acccs 42 30.8
Telemark MDMF, lfi/ac 96 acres 18 18•7
Itomcstake MDMF, 18/ac 1.36 acres (,C, 48.5
Lionsmanc MDMF, 18/ac 1.04 acres 37 35.5
Vail Village 9th 2-Family 3.39 acres 24 (polential) 7.0
Parcel A General Use 5.7 acres 0 0
The gross density of the proposed development is 10.6 dwelling units per acre.
(17 units/ 1.6044 gross acres = 10.6 du/ac) As such, it is well within the range of
the densities in the area.
E. Suitability of the proposed zoning.
Staff believes that the proposed zoning is suitable for this site. The development
allowed by the rezoning will allow the community to*move towards its goals
regarding the supply of affordably priced homes. The development will be in line
with surrounding projects, concerning uses and density.
10
V. EVALUATION OF THE SPECIAL DEVELOPMENT DISTRICT REOUEST
Below are the nine criteria used to evaluatc Special Dcvelopmcnt District proposals:
A. Design compatibility and sensitivity to the immediate environment, neighborhooci
and adjacent propcrtieS, relative to the architectural design, scale, bulk, building
height, buffer zones, identity> character, visual integrity and oi-icntation.
Staff believes that thc architectural scale, bulk and building height are all
succcssful. However, staff is concerncd about the identity and the character of the
project. Specifically, staff is conccrned about the flat roofs. The surrounding
developments in the Sandstone area rangc in age and quality, and none exclusively
have flat roofs. Many have a combination of flat and pitchcd roofs. For example,
Sandstone Park has stceply pitched sheds and gables in conjunction with flat roofs.
Brooktree has a combination of a mansard-typc roof with a flat roof. Aspcntree
and Potato Patch Club both have built-up gravcl roofs, which arc pitchcd at
relatively shallow slopes. Staff believes that one of the significant elements in each
of the surrounding propertics is thc roof eave ovcrhang. Wc bclieve that this gives
architcctural charactcr to the devclopment, as it creates a shadow linc, breaks up
thc mass and bulk, and creatcs a character that is appreciated by the general public.
Staff docs not want to discount the overall quality of the proposed design.
However, we belicve that thc charactcr should be modified by adding pitchcd
roofs to thc flat roofs in a way similar to Sandstonc Park, immcdiatcly adjaccnt to
thc projcct to thc wcst.
Of particular conccrn ta staff is thc hcight of thc flat roofs rclative to the road
elevation surrounding the project. We believe that the roof arcas will be highly
visible from the surrounding area. The elevation at the corner of Red Sandstonc
Road and Potato Patch Drivc is approximately 2- 3 fcet higher than the elevation
of the second story roofs. Since pedestrians and drivers on the road will bc higher
than thc roof elcvation, thc flat roofs will have greater exposure.
B. Uses, activity and density which providc a compatible, efficient and workable
relationship with surrounding uses and activity.
Staff believes that the uses, activity and density will be compatible with the
surrounding development. As discussed above, under the evaluation of the
rezoning request, the proposed density is consistent with the Town's Land Use
Plan and will be lowcr than the surrounding developments in the area.
C. Compliance with parking and loading requirements, as outlined in Chapter 18.52.
The proposed development exceeds the Zoning Code requirement regarding the
total supply of parking spaces, as well as the supply of enclosed parking spaces.
11
w Each of thc condominiurns will havc its own ovcrsizcd garagc.
D. Conformity with the applicable clements of the Vail Comprehensivc Plan, Town
policies and Urban Design Plan.
The Vail Comprchcnsivc Plan (Land Use Plan) calls for a density on this site
ranging from 3-14 dwclling units pcr acre. Thc proposed development, at 13.1
dwelling units per buildable acre, is consistcnt with the Land Use Plan. A
thorough analysis of the consistency with thc Land Use Plan is provided above,
under the rezoning discussion.
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which this Special Development District is proposed.
The only hazard affecting this site is the 100-year floodplain. All improvements,
grading, and disturbance will be locatcd outside of the floodplain.
F. Sitc plan, building dcsign and location and opcn spacc provisions dcsigned to
produce a functional devclopment, responsive and sensitive to natural fcatures,
vcgctation and ovcrall acsthctic quality of community.
Thc sitc plan and buiiding dcsign havc becn dcvclopcd to takc full advantagc of thc
opcn space area along Red Sandstone Creck. Each of the dweliing units will abut
this corridor, which wiil increasc thc quality of lifc of thc residcnts of this
devclopment. In the sitc pianning development, the 30' strcam ccnterlinc setback
standard of thc Town has bccn respcctcd, providing a buffcr bctween thc riparian
corridor and thc dcvelopmcnt. Thcrc is one location whcre some of the existing
vegetation will bc rcmoved. Tom Braun, the represcntative for the devclopment,
has stated that the District will transplant vegetation during the construction
process or will replace it with new plant material, matching the existing species.
G. A circulation system designed for both vehicles and pedestrians addressing on and
off-site traffic circulation.
Driveways have been aligned so that the Red Sandstone, Brooktree, and
Sandstone Park developments will all be sharing the same access onto Red
Sandstone Road. Easements will be provided to maintain this access in the future.
The point of intersection with Red Sandstone Road has been located at a point
where visibility is the greatest, as Red Sandstone Road winds its way up to Potato
Patch.
Concerning pedestrian circulation, staff has requested that the existing sidewalk
along Red Sandstone Road be continued up to the cntrance to this development.
12
Originally, staff and thc PEC requestcd that a pedestrian conncction be provided
from this project up to Rcd Sandstone Road, above the dcvelopment.
Unfortunatcly, the ADA laws are such that proviciing a staircase without a second
acccssiblc routc cannot bc donc.
An important dctait relating to circulation is thc arcas for snow storagc. Snow will
be stored along the drivcway, on thc east sidc as wcll as at thc northern end of the
drive. Snow storage areas havc bcen incrcased, as discussed above.
H. Functional and aesthetic landscaping and open spacc, in order to optimize and
prescrve natural features, recreation, views and function.
Staff renucsts that the applicant buffer the project more from adjacent properties,
particularly along Red Sandstone Road. Staff understands that there is a very
steep slope in this area, plus retaining wall5, which limits the plantable area.
However, staff bclicves more trees and shrubs should be added, pcr the comments
made earlier in the memo.
Staff also requests that the cxisting vegetation bc preserved. The large spruce (24
inch caliper) on the north west corner of the sitc is proposed to be preserved.
1. Phasing plan or subdivision plan that will maintain a workablc functional and
cfficicnt rclationship througliout the dcvclopmcnt of this Spccial Devclopmcnt
District. At this time, it is anticipated that the development would be completed in a single
phasc. If for any rcason, thc Forest Scrvicc and thc Town cannot complctc thc
transfer of ownership of thc northernmost part of the state, the District will
procccd ahcad with construction of thc first thrcc buildings.
A condition of approval will be to have the District resubdivide all the parcels into
one lot. Though the zoning codc definition allows parcels adjacent to one another
to be considered as onc lot, ultimately the development area must be replatted as a
condominium map. As part of that process, the land will cventually be platted as a
single lot. As part of the initial phase, staff understands that the existing overhead
utility lines will be buricd. Staff undcrstands that two poles will be removed and
the existing overhead lines eliminated back to the existing pole adjacent to the
Sandstonc Park Condominium Suilding.
13
,
VI. STAFF RECOMMENDATION
Staff rccommcnds approval of thc rcqucstcd Spccial Dcvclopmcnt District and Rezoning
with two conditions. We bclieve the applicant has bcen re5ponsive to a majority of the issues and
has designed a quality product whicll will help meet the community's housing necds. However,
staff bclievcs that the architectural chacacter, and landscape scrcening, of the projcct could meet
the SDD criteria better than the current design. As a result, 5taff recommends approval of the
project with the following conditions:
1) That the applicant modify the architectural character of the projcct by incorporating a
mixture of flat roofs and shed roofs into the design, prior to first reading of the ordinance
at Town Council.
2) That the applicant add additional trees and shrubs (4 spruce and 5 shrubs) to the area of
the site adjacent to Red Sandstonc Road, prior to first reading of the ordinance at Town
Council.
14
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ORDINANCE NO. 20
SERIES OF 1996
AN ORDINANCE REZONING THREE TRACTS FROM GENERAL USE
SECTION 18.36 TO MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL, SECTION 18.18
GENERALLY LOCATED AT 945 RED SANDSTONE ROAD MORE SPECIFICALLY
DESCRIBED IN EXHIBITS "A" AND "B" OF THIS ORDINANCE.
WHEREAS, an application has been submitted to rezone the three parcels from General
Use to Medium Density Multi-Family Residential; and ' WHEREAS, while the current zoning, General Use, allows employee housing as a
conditional use, the proposed medium density multi-family residential zone district
provides an opportunity for more effective development of the land for local's housing; and
WHEREAS, the rezoning effort is consistent with the surrounding and immediate adjacent
properties; and
WHEREAS, in accardance with Section 18.66.140, the Planning and Environmental
Commission had a public hearing on the proposed zoning arnendment and has submitted its
recommendation to the Town Council; and
WHEREAS, concurrent with the request for rezoning, the applicant has made a request
for a Special Development District to control the future development of the site; and
WHEREAS, all notices required by Section 18.66.080 have been sent to the appropriate
parties;
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of
the Municipal Code of the Town of Vail;
WHEREAS, the United States Forest Service, as the present owner of the property
described on Exhibit B, has consented to including its property in this rezoning process
conditioned upon final approval becoming effective when the ownership of the land is transferred
to the Town of Vail pursuant to the Land Ownership Adjustment Agreement; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1.
The Town Council finds that the procedures for the provision of rezoning property in the
Town of Vail have been fulfilled, and the Toum Council hereby received the report of
recommendation from the Planning and Environmental Commission recommending the rezoning
of said property.
ection 2.
The Town Council finds this proposed zoning action is in compliance with the Town
of Vail Land Use Plan which is the master plan for guiding development within the Town
of Vail.
Section 3.
The Town Council further finds since the Water District no longer uses the property
which is the subject of the zoning proposal for water treatrnent and storage, this change in
the condition of the neighborhood further supports the zoning change.
Ordinance No. 20
1 Series of 1996
a
Section 4.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 5.
The Town Council hereby finds, determines, and declares that this ordinance is necessary
and proper for the health, safety, and welfa,re of the Town of Vail and the inhabitants thereof.
e tion
The repeal or the repeal and reenactment of any provision of the Municipal Code of the
Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed and reenacted. The repeal of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated herein.
cti n 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, APPROVED, AND ORDERED PUBLISHED IN FULL ON FIRST
READING this 19th day of November, 1996, and a public hearing shall be held on the 3rd day of
December, 1996, at 7:30 p.m. 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
BY IN Fi1LL this 3rd day of December, 1996.
Robert W. Armour, Mayor
Attest:
Holly L. McCutcheon, Town Clerk
Ordinance No. 26
2 Series of 1996
M
Exhi it A
A PARCEL OF LAND WHICH IS PART OF BLOCK "D" OF THE LION'S RIDGE
SUBDIVISION, EAGLE COUNTY, COLORADO, SITUATED IN SECTION 1, TOWNSHIP
5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST
CORNER OF SAID PARCEL, WHICH CORNER IS COINCIDENT WITH THE
NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 1, TOWNSHIP 5 SOUTH, RANGE 81 WEST, 6TH PRINCIPAL MERIDIAN,
THENCE SOUTH 00 DEGREES 04 MiNUTES 45 SECONDS WE5T 84.35 FEET, THENCE
SOUTH 18 DEGREES 26 MINUTES 14 SECONDS WEST 86.06 FEET, THENCE SOUTH 85
DEGREES 24 MINUTES 11 SECONDS WEST 153.30 FEET, THENCE NORTH 22
DEGREES 16 MINUTES 35 SECONDS EAST 35.97 FEET, THENCE NORTH 04 DEGREES
01 MINUTES 23 SECONDS WEST 79.80 FEET THENCE NORTH 22 DEGREES 33
MINUTES 00 SECONDS WEST 62.68 FEET, THENCE NORTH 87 DEGREES 48 MINUTES
35 SECONDS EAST 196.28 FEET TO THE POINT OF BEGINNING.
AND
A PARCEL OF LAND IN BLOCK D, LION'S RIDGE SUBDIVISION, COUNTY OF EAGLE,
STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
WHENCE THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER (SE 1/4 SE 1/4) OF SECTION 1, TOWNSHIP 5 SOUTH, RANGE
81 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS NORTH 33 DEGREES 38
MINUTES 59 SECONDS EAST 207.88 FEET; THENCE SOUTH 85 DEGREES 24
MINUTES 11 SECONDS WEST 65.15 FEET; THENCE SOUTH 22 DEGREES 16 MINUTES
35 SECONDS WEST 61.37 FEET; THENCE SOUTH 26 DEGREES 44 MINUTES 34
SECONDS EAST 93.63 FEET; THENCE SOUTH 11 DEGREES 27 MINUTES 55 SECONDS
WEST 129.64 FEET; THENCE SOUTH 57 DEGREES 33 MINUTES 16 SECONDS EAST.90
FEET THENCE NORTH 17 DEGREES 00 MINUTES 49 SECONDS EAST 51.99 FEET;
THENCE SOUTH 16 DEGREES 58 MINUTES 11 SECONDS EAST 87.50 FEET; THENCE
NORTH 07 DEGREES 19 MINUTES 29 SECONDS EAST 86.95 FEET; THENCE NORTH 27
DEGREES 19 MINUTES 49 SECONDS EAST 190.91 FEET; THENCE NORTH 18
DEGREES 26 MINUTES 14 SECONDS EAST 61.52 FEET; THENCE SOUTH 85 DEGREES
24 MINUTES 11 SECONDS WEST 88.15 FEET TO THE POINT OF BEGINNING.
Ordinance No. 20
3 Series of 1996
Exhibit B
A PARCEL OF LAND WITHIN THE NE 1/4 SE 1/4 SECTION l, TOWNSHIP 5 SOUTH,
RANGE 81 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY,
COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A PO1NT ON THE
SOUTHERLY L1NE OF SAID NE 1/4 SE 1/4 SECTION 1, SAID POINT ALSO BEING THE
NORTHWESTERLY CORNER OF BLOCK D, LION'S RIDGE SUBDIVISION,
ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 215 AT PAGE 648 IN THE
OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER; THENCE,
DEPARTING SAID SOUTHERLY LINE, N22°33'00"W 84.13 FEET; THENCE N49°45'28" E
55.05 FEET; THENCE 53.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 15°2535" AND A CHORD
THAT BEARS N57°28'16" E 53.69 FEET; THENCE 41.90 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 27.00 FEET, A CENTRAL ANGLE OF
88054'26", AND A CHORD THAT BEARS S70021'44" E 37.82 FEET; THENCE S250543 1" E
137.47 FEET TO THE SAID SOUTHERLY LINE OF THE NE 1/4 SE 1/4 SECTION 1, SAID
LINE ALSO BEING THE NORTHERLY LINE OF SAID BLOCK D; THENCE, ALONG
SAID LINE, S87°48'35" W 150.82 FEET TO THE PO1NT OF BEGINNING, CONTAINING
0.3964 ACRES, MORE OR LESS.
THE BEARINGS OF THE ABOVE DESCRIBED PARCEL ARE BASED ON A BEARING
OF N87°48'35"E ON THE SOUTHERLY LINE OF THE NE 1/4 SE 1/4 SECTION 1, TSS,
R81 W, PER THE PLAT OF LION'5 RIDGE SUBDIVISION.
Ordinance No. 20
1 4 Series of 1996
,
ORDINANCE NO. 24
Series of 1996
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SPECIAL ,
DEVELOPMENT DISTRICT NO. 33, RED SANDSTONE; ADOPTING A DEVELOPMENT
PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 33 IN ACCORDANCE WITH
CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development
districts within the Town in order to encourage flexibility in the development of land; and
WHEREAS, the applicants, the Upper Eagle Valley Water & Sanitation District, the Town
of Vail, and the United States Forest Service, or the successors in interest, have submitted an
application for the establishment of Special Development District (SDD) No. 33, for a certain parcel
of property within the Town, legally described in the attached Exhibits A and B, and commonly
referred to as the Red Sandstane affordable housing development Special Development District No.
33; and
WHEREAS, the United States Forest Service, as the present owner of the property described
on Exhibit B, has consented to including its property in this Special Development District process
conditioned upon final approval becoming effective when the ownership of the land is transferred to
the Town of Vail pursuant to the Land Ownership Adjustment Agreement
WHEREAS, in accardance with Section 18.66.140, the Planning and Environmental
Commission, on October 28, 1996, held a public hearing on the establishment of an SDD, and has
submitted its recommendation to the Town Council; and
WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate
parties; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to
the Town and its citizens, inhabitants, and visitors to establish SDD No. 33; and
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the
Municipal Code of the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Ordinance 24,
~ Senes of 1996
.
SECTION 1
The Town Council finds that all the procedures set forth for Special Development Districts
in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied.
SECTION 2
Special Development District No. 33 is established to ensure comprehensive development and
use of an area in a manner that will be harmonious with the general character of the Town, provide
adequate landscaping, open space, employee housing, and other amenities, and promote the
objectives of the Town's Zoning ordinance. The development is regarded as complementary to the
Town by the Town Council and the Planning and Environmental Commission.
SECTION 3
Special Development District No. 33 is established for the development on a parcel of land
comprising of 69,887.66 square feet more or less: Special Development District No. 33 and said
69,887.66 square feet may be referred to as "SDD No. 33".
SECTION 4
The Town Council finds that the development plan far SDD. No. 33 meets each of the
standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail or demonstrates
that either one or more of them is not applicable, or that a practical solution consistent with the public
interest has been achieved. In accardance with Section 18.40.040, the development plan for SDD
No. 33 is approved. The development plan is comprised of those plans submitted by Morter
Architects, and consists of the following documents:
1. Sheet No. A0.1, Morter Architects, dated September 25, 1996 (Site Plan),
2. Sheet No. L-l, Fieldscape, dated September 23, 1995 (Landscape Plan).
3. Sheet No. A2.1, Morter Architects, dated September 25, 1996 (Elevations-Building A).
4. Sheet No. A2.2, Morter Architects, dated September 25, 1996 (Elevations-Buildings B and C).
5. Sheet No. A2.3, Morter Architects, dated September 25, 1996 (Elevations-Building D).
6. Sheet No. Al.l, Morter Architects, dated September 25, 1996 (Floor Plan-Building A).
7. Sheet No. A1.2, Morter Architects, dated September 25, 1996 (Floor Plan-Buildings B and C).
8. Sheet No. A1.3, Morter Architects, dated September 25, 1996 (Floor Plan-Building D).
9. Sheets No. C1 and C2, Engineering Design Warks, dated November 11, 1996, (Engineering
Drawings).
Ordinence 24,
2 Senes of 1996
] 0. Other general submittal documents that define the development standards of the Special
Development District.
SECTION 5
In addition to the Approved Development Plan described in Section 4 above, the following
development standards have been submitted to the Planning and Environmental Commission for its .
consideration and recommendation and are hereby approved by the Town Council; these standards
are incorporated in the Approved Development Plan to protect the integrity of the development of
SDD No. 33; the following are the development standards for SDD No. 33;
A. Lot Area - The lot area shall consist of approximately 69,887.66 squaxe feet.
Presently 52,620 square feet is currently owned by the Water District, 17,267 square feet is owned
by the Forest Service and subject to the Land Ownership Adjustment Agreement.
B. Setbacks - The required setbacks shall be 20' for each setback, per Medium Density
Multi-Family (MDMF) zoning standards and as indicated on the approved development plan.
C. Height - The maxirnum height of the development shall not exceed 35 feet per MDMF
zoning standards and as indicated on the approved development plan..
D. Density Control - The maximum development of the site shall not exceed 16,275
square feet of GRFA and/or seventeen dwelling units. This figure is the maximum GRFA and
dwelling units to be allowed on the lot.
E. Site Coverage - The maximum site coverage for this Special Development District
shall not exceed 12,029 square feet, or 17% of the lot area, as indicated on Approved Development
Plans.
F. Landscaping - The minimum landscaped area for this Special Development District
shall not be less than 36,450 square feet, or 52% of the lot area, as indicated on the Approved
Development Plans.
G. Stream Setback - The minimum stream setback for this Special Development
District shall not be less than 30 feet from the center of Red Sandstone Creek, as indicated on
the Approved Development Plans.
SECTION 6
The developer, jointly and severally, agrees with the following requirements, which are a part
of the Town's approval of the establishment of this SDD No. 33:
Ordirtance 24,
3 Series of 1996
A. Prior to first reading, the applicant shall provide a detailed drawing of the dumpster
enclosure, making this component part of the overall development plans.
B. Prior to second reading, the applicant shall provide letters from wetland consultants
outlining a recommendation for wetland mitigation as well as a letter of approval from the Corps of
engineers approving the proposed mitigation plan.
C. Prior to issuance of building permits for any structure on the property, the applicant
shall document how the overhead utility lines will be removed. The two poles on-site will be
eliminated and the applicant will work with Holy Cross electric to determine how the existing service
will terminate on the Sandstone Park site.
D. Prior to recording the condominium map, the applicant shall provide the following
easements on the map, which will take effect immediately upon recording at the Eagle County Clerk
and Recorder:
1) A public access easement for the Brooktree/Sandstone park residents;
2) A public access easement for the portion of Red Sandstone roadway which
. crosses the subject property; and
3) A drainage easement for the storm drain crossing the site.
4) A public access easement across the property described in Exhibit A to serve
future development in conformance with this approval located on the property
described in Exhibit B.
E. The final condominium map shall abandon all interior lot lines of the property.
F. Prior to first reading, the applicant shall add 4 additional spruce and 5 additional
shrubs to the landscape plan, locating the additional plant material immediately south from the largest
group of landscaping, located adjacent to the Red Sandstone Road right-of-way.
G. A minimum of 75% of the total units constructed as part of the Project
(including units constructed on the Town Property) shall be occupied by individuals who are
employed an average of 30 hours a week at businesses located within Eagle County, and their
families, in accordance with the Town of Vail standards for occupancy of employee housing.
Up to 25% of the total number of the constructed units my be sold as "free market" units for
the purpose of reducing the cost of the remaining units equally throughout the Project on a
Ordinance 24,
4 series of 1996
Y
cost per square footage basis. It is the intention of both the Water District and the Town to
keep the number of free market units to an absolute minimum. The balance of the units shall
be deed restricted with provisions identical to those applied to the Vail Commons employee
housing dwelling units.
SECTION 7
This approval shall take effect immediately as it pertains to the land described in Exhibit A
and, as to that land described in Exhibit B, this approval shall become effective upon the transfer of
title from the United States Farest Service to the Town of Vail.
SECTION 8
Amendments to the approved development plan shall be reviewed pursuant to Section
18.40.100 of the Vail Municipal Code.
SECTION 9
The developer must begin construction of the Special Development District within three (3)
years from the time of its final approval, and continue diligently toward completion of the project.
The developer must meet the requirements of Section 18.40,120 of the 1Vlunicipal Code of the Town
of Vail.
SECTION 10
If any part, section, sentence, clause, or phrase of this ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the
Town Council hereby declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses, or phrases be declared invalid.
SECTION 11
The Town Council hereby finds, determines and declares that this ordinance is necessary and
proper for the heaith, safety and welfare of the Town of Vail and its inhabitants thereof.
SECTION 12
The repeal or the repeal and reenactment af any provision of the Vail Municipal Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
Ordinance 24,
5 series of 1996
i
•
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision repealed or repealed and
reenacted. The repeal of any provision hereby shall not revive any provisions or any ordinance
previously repealed or superseded unless stated herein.
oroinance 24,
6 Series of 1996
~
.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FiJLL ON FIRST READING this day of November, 1996, and a
public hearing for second reading of this Ordinance on the day of December, 1996, in the
Council Chambers of the Vail Municipal Buiiding, Vail, Colorado.
Robert W. Armour, Mayor
Attest:
Holly L. McCutcheon, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this day of , 1996.
Robert W. Armour, Mayor
Attest:
Holly L. McCutcheon, Town Clerk
Ordinance 24,
7 Series ot 1996
f
Exhibit A
A PARCEL OF LAND WHICH IS PART OF BLOCK "D" OF THE LION'S RIDGE
SUBDIVISION, EAGLE COLTNTY, COLORADO, SITUATED IN SECTION 1, TOWNSHIP 5
SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID
PARCEL, WHICH CORNER IS COINCIDENT WITH THE NORTHEAST CORNER OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 5 SOUTH, RANGE
81 WEST, 6TH PRINCIPAL MERIDIAN, THENCE SOUTH 00 DEGREES 04 MINUTES 45
SECONDS WEST 84.35 FEET, THENCE SOUTH 18 DEGREES 26 MINUTES 14 SECONDS
WEST 86A6 FEET, THENCE SOUTH 85 DEGREES 24 MINUTES 11 SECONDS WEST 153.30
FEET, THENCE NORTH 22 DEGREES 16 MINUTES 35 SECONDS EAST 35.97 FEET,
THENCE NORTH 04 DEGREES 01 MINUTES 23 SECONDS WEST 79.80 FEET THENCE
NORTH 22 DEGREES 33 MINUTES 00 SECONDS WEST 62.68 FEET, THENCE NORTH 87
DEGREES 48 MINUTES 35 SECONDS EAST 196.28 FEET TO THE POINT OF BEGINNING.
AND
A PARCEL OF LAND IN BLOCK D, LION'S RIDGE SUBDIVISION, COUNTY OF EAGLE,
STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE
THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER (SE 1/4 SE 1/4) OF SECTION 1, TOWNSHIP 5 SOLJTH, RANGE 81 WEST OF THE
6TH PRINCIPAL MERIDIAN BEARS NORTH 33 DEGREES 38 MINUTES 59 SECONDS EAST
207.88 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 11 SECONDS WEST 65.15 FEET;
THENCE SOUTH 22 DEGREES 16 MINUTES 35 SECONDS WEST 61.37 FEET; THENCE
SOUTH 26 DEGREES 44 MINUTES 34 SECONDS EAST 93.63 FEET; THENCE SOUTH 11 DEGREES 27 MINUTES 55 SECONDS WEST 129.64 FEET; THENCE SOUTH 57 DEGREES
33 MINUTES 16 SECONDS EAST.90 FEET THENCE NORTH 17 DEGREES 00 MINUTES 49
SECONDS EAST 51.99 FEET; THENCE SOUTH 16 DEGREES 58 MINUTES 11 SECONDS
EAST 87.50 FEET; THENCE NORTH 07 DEGREES 19 MINUTES 29 SECONDS EAST 86.95
FEET; THENCE NORTH 27 DEGREES 19 MINUTES 49 SECONDS EAST 190.91 FEET;
THENCE NORTH 18 DEGREES 26 MINUTES 14 SECONDS EAST 61.52 FEET; THENCE
SOUTH 85 DEGREES 24 MINUTES 11 SECONDS WEST 88.15 FEET TO THE POINT OF
BEGINNING.
Ordinance 24,
8 Series of 1996
.
Exhibit B
A PARCEL OF LAND WITHIN THE NE 1/4 SE 1/4 SECTION 1, TOWNSHIP 5 SOUTH,
RANGE 81 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY,
COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A PO1NT ON THE
SOUTHERLY LINE OF SAID NE 1/4 SE 1/4 SECTION 1, SAID POINT ALSO BEING THE
NORTHWESTERLY CORNER OF BLOCK D, LION'S RIDGE SUBDIVISION,
ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 215 AT PAGE 648 IN THE
OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER; THENCE, .
DEPARTING SAID SOUTHERLY LINE, N22°33'00"W 84.13 FEET; THENCE N49°45'28" E
55.05 FEET; THENCE 53.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT,
HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 15 °25'35" AND A CHORD
THAT BEARS N57°28'16" E 53.69 FEET; THENCE 41.90 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 27.00 FEET, A CENTRAL ANGLE OF
88 ° 54'26", AND A CHORD THAT SEARS S70 ° 21'44" E 37.82 FEET; THENCE S25 ° 54'31 " E
137.47 FEET TO THE SAID SOUTHERLY LINE OF THE NE 1/4 SE 1/4 SECTION l, SAID
LINE ALSO BEING THE NORTHERLY LINE OF SAID BLOCK D; THENCE, ALONG
SAID L1NE, S87°48'35" W 150.82 FEET TO.THE POINT OF BEGINNING, CONTAINING
0.3964 ACRES, MORE OR LESS.
THE BEARINGS OF THE ABOVE DESCRIBED PARCEL ARE BASED ON A BEARING
OF N87°48'35"E ON THE SOUTHERLY LINE OF THE NE 1/4 SE 1/4 SECTION 1, TSS,
R81W, PER THE PLAT OF LION'S RIDGE SUBDIVISION.
Ordinance 24,
9 series or 1996
RESOLUTION N0. 21
Series of 1996
A RESOLUTION AUTHORIZING EMPLOYEES OF THE TOWN OF VAIL TO
PURCHASE, 5ELL, RESELL, TO NORWEST INVESTMENT SERVICES,
INC.; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council wishes to give certain employees of
the Town trading authorization to deal with Norwest Investment
Services, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Vai1, Colorado:
1. Steve Thompson, Finance Director or his successor,
Christine Anderson, Finance and Budget Manager or her successor,
and Judy Popeck, Accounting Technician or her successor, are hereby
authorized, for and on behalf of the Town of Vail, to purchase,
sell, resell, to or from Norwest Investment Services, Inc. any and
all forms of investment instruments, allowed under the Town of
vail's investment policy.
2. Any action taken by one of the above named employees of
the Town shall be deemed proper in connection with any transaction
with Norwest Investment Services, Inc., and Norwest Investment
Services, Inc. may deal with any and all of them as though it were
dealing with the Town directly.
3. This Resolution shall take effect immediately upon its
passage, INTRODUCED, READ, APPROVED AND ADOPTED this
Robert W. Armour, Mayor -
ATTEST:
Holly McCutcheon, Town Clerk
%
>
TOWN OF VAIL MEMORANDUM
TO: Robert McLaurin
Council Members
FROM: Judy Popeck
DATE: November 21, 1996
RE: Investment Report
Enclosed is the investment report with balances as of October 31,
1996.
A$500,000.00 FNMA was purchased on October 10, 1996 with a yield
of 5.880% maturing on June 10, 1998. A$850,000.00 FHLMC was
purchased on October 31, 1996 with a yield of 5.340% maturing on
November 20, 1996. A$1,150,000.00 FNMA was purchased on October
31, 1996 with a yield of 5.340% maturing on November 26, 1996. A
$1,500,000 FFC was purchased on October 31, 1996 with a yield of
5.330% maturing on December 19, 1996.
The estimated average yield for the debt service fund was 6.87% and
5.62% for the pooled cash fund. Currently the yield curve for 3
months, 6 months, and 1 year are 5.01%, 5.08%, and 5.16%
respectively.
Please call me if you have any questions.
Town of Vail, Colorado
Investment Report
Summary of Accounts and tnvestments
For the Month Ending October 31, 1996
Balances Percentage
10/31/96 of Total
Money Market Accounts (see page 1)
Commercial Banks $2,268,790 13.79%
Local Government Investment Pools . $774,527 4.71%
Money Market Funds $98,556 0.60%
Total $3,141,873 19.10%
Commercial Savings
Banks & Loans
Certificates of Deposit (see page 2)
Eagle County Institutions 0.00%
Other Colorado Institutions $198,000 $198,000 1.20%
Nationat institutions 0.00%
Total $198,000 $198,000 1.20%
Percentage of Portfotio in Savings & Loans 0.00%
U.S. Government Securities (see page 3) ~
Treasury Notes & Bills $2,466,595 15.00%
GNMA's $57,649 0.35%
U.S. Savings Bonds $30,000 0.18% -
Federal Agency Discount Notes & Bonds $10,552,880 64.16%
Total $13,107,124 79.69%
Totaf Portfolio $16,446,997 100.00%
Maturing Within 12 Months $13,802,334 83.92%
Maturing Within 24 Months $1,583,729 9.63%
Maturing After 24 Months $1,060,934 6.44%
' $16,446,997 100.00%
11 /21 /96 ,
invsmjlp Page 2
Money Market Accounts
as of October 31, 1996
--For the Month of October--
Institution Balances
Type of Accounts High Low Average 10/31/96
COMMERCIAL BANK ACCOUNTS
First Bank of Vail - Operating
Interest 4.920% 4.830% 4.850%
$3,108,243 $2,193,452 $2,619,609
Balance =_==-$=a--$2,266,859
Colorado National Bank Super Now Account
Interest 3.140%
General Operating Account
Balance $1,931
Total Commercial Bank Accounts $2,268,790
LOCAL GOVERNMENT INVESTMENT POOLS
Colorado Trust Capital Projects Proceeds
Interest 5.160%
Balance $774,527
Total Local Government Investment Pool Accounts $774,527
MONEY MARKET FUNDS
Bank One Money Market Fund - Dana Irtvestments
Interest 3.904%
Balance $92,373
Fidelity Investment Govemment Money Market Accounts
Interest 5.180%
Bond Issue Reserve Account
Balance $6,183
Total Money Market Funds $98,556
Total all accounts $3,141,873
~==s=====_______
11 /21 /96
invmmjip Page 3
Certificates of Deposit
as of October 31, 1996
Bank Name, Location Days to
Rates Purchase Maturity Maturity Maturity
Ins Coupon Yield Date Date at Purchase Value
~
BestBank, Thornton Colorado
FDIC 7.250% 16-Feb-95 16-Feb-97 108 $99,000
Firstbank of Vail, Vail Colorado
FDlC 6.000% 5.830% 26-Jun-95 26-Jun-98 603 $99,000
Avg Yield 6.540% $198,000
1f/2i/96
invcdjlp Page 4
Govemment Securities
as of October 31,1996
"'Treasury Notes 8 Bflis•••
Daysto Days
IMerest Rate Purchase Maturity Maturity to Book Par
Type Fund Coupon reld Date Date at Purchase Maturity Value Value
TNote Pooted 7.500% 5.513% 17-Apr-96 31-Jan-97 289 92 $1,004,781 $1,000,000
TStrip Pooled 5.970% 5.970% 26-Apr-96 15-May-97 384 196 E970,690 $1,000,000
TNote Pooled 5.250% 6.370% 11-Jun-96 31-Ju1-98 780 638 $491,124 $500,000
Average reld 5.86% $2.466,595 $2,500,000
Ave?age Days !o Maturity 309
"'GNMA'S"'
Years to Estimated
Interest Rate Purchase Maturity Maturity Years to Principal
Pool Coupon Yield Date Date at Purchase Maturity Outstanding
5803 8.000% 8.480% 14Nov-86 15-Oct-05 19.10 11.00 $20,635
13003 8.000% 9.500% 24-Oct-86 15-Oct-06 20.20 12.00 $18,664
14659 8.00096 9.200% 240cF86 15.Jan-07 21.20 13.00 $18,350
Avg reld 9.039% $57,649
"•U.S. Savings Bohds•`•
Years to
Issue Maturity Maturity Years to Book Maturiiy
Series reld Date Date at Purchase Maturity Value Value
EE 7.170% 01-Ott-86 01-Oct-96 10.00 IWA $30,000 $30,000
"'Federal Agency DiscouM Notes & Sonds`•'
DaysJS'ears DayslYears to
Interest Rate Purchase Maturily to Maturity Maturity at Book Original
Agency Fund Coupon Yieid Date Date at Purchase Montfi End Value Cost
SBA Pooled - Dana 9.475% 29-.1un-94 25-Feb-2008 13.7 11.3 $43,114 $82,749
SBA Pooled - Dana 8.975% 26-May-94 25-Mar-2008 13.8 11.4 $83,477 $109,734
SBA Pooled - Dana 9.47596 18-Aug-94 25-Ju1-2008 13.9 11.7 $63,191 $109,875
SBA Pooled - Dana 8.125% 31-Oct-96 25-Jan-2013 16.2 16.2 $65,143 $65,558
SBA Pooled - Dana 8.725% 29-.)un-94 25-Jun-2019 25.0 22.7 $100,928 $108,523
SBA Pooled - Dana 8.975% 12Ju1-94 25-Jun-2019 25.0 22.7 $61,888 $108,744
SBA Pooled - Dana 8.725% 08-May-95 25-Dec-2019 24.6 23.2 $98,114 $99,391
FNMA Pooled - Dana 6.682% 01-Ju1-96 01-May-2026 29.9 29.5 $55,304 $55,304
FNMA Pooled - Dana 5.987% 24Jun-96 01-Jun-2026 30.0 29.6 $63,142 $71,318
FNMA Pooled - Dana 8.314% 28-Jun-94 01-Oct-2017 23.3 20.9 $75,316 $97,572
FNMA Pooled - Dana 7.616% 27-May-94 01-May-2020 25.9 23.5 $66,139 $100.577
FNMA Pooled - Dana 7.559% 24.1an-96 01-Oct-2023 27.7 26.9 $63,848 $75,722
FHLMC Pooled - Dana 5.965% 28-Mar-96 01-Mar-2026 29.9 29.4 $60,528 $66,341
FHLMC Pooled - Dana 7.851 % 28-Aug-94 01-Aug-2018 23.9 21.8 $66,172 $74,245
FHLMCPooled-Dana 8.407% 28-Jun-94 01-Mar-2019 24.7 22.3 $41,664 $66,355
FHLMC Pooled - Dana 6.366% 22-May-96 01-Feb-2036 39.7 39.3 $60.460 $60,461
Average reld 8.01 % $1,068,428 $1,352,469
Average Years to Maturily 21
DayslYears DaysNears to
Interest Rate Purchase Maturily to Maturity MaWrity at Book Maturity
Ageney Fund Coupon reld Date Date at Purchase Month End Value Value
FNMA DebtService 8.912% 27-Feb-95 17Jan-97 1.9 78.0 $280,547 $280,000
FHLB Pooled 5.998% 26-Apr-96 10.Nov-97 1.5 1.0 $993,605 $1,000,000
FHLMCPooled 5.340% 31-Oct-96 20-Nov-96 20.0 20.0 $847,612 $850,000
FHLB Pooled 5.783% 30Sep-96 25-Sep-97 360.0 329.0 $500,457 $500,000
FNMA Pooled 5.340% 31-Oct-96 26-Nov-96 26.0 26.0 $1,145,807 $1,150,000
FNMA Pooled 5.880% 10-Oct-96 10-Jun-98 1.7 1.6 ;496,151 $500.000
FHLMC Pooled 5.751 % 28-Aug-96 28-Aug-97 1.0 301.0 $699,389 $700,000
FNMA Pooled 5.35496 07-Aug-96 08-Nov-96 93.0 8.0 $998,960 $1,000,000
FFC Pooled 5.297% 30-Sep-96 15-Nov-96 46.0 15.0 $698,561 $700,000
FHLMCPooled 5.301% 23-Aug-96 22-Nov-96 91.0 22.0 $747,688 $750,000
FFC Pooled 5.330% 31-Oct 96 19-Dec-96 49.0 49.0 $1,489,558 $1,500,000
FFC Pooled 5.794% 27-1un-95 28-Apr-97 1.8 179.0 $651,260 $650,000
$9.549,595 $7.430.000
Average reld 5.56%
Average Days to Maturity 58 Total $13,172,267
11/21f96
INVTRI0.WK4 Page 5
I
11
TOWN 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
FROM: Robert W. McLaurin ~.w..
Town Manager
DATE: November 26, 1996
SUBJECT: Town Manager's Report
Ski Championships Update
The Municipal Services Committee has been meeting to prepare for the 1999 World Alpine Ski
Championships. The Municipal Services Committee is responsible for overseeing all transportation
needs, bus routes, parking plans, and coordinating with local volunteers, local, state and national
security forces. This committee also works with local municipalities and public works departments
to coordinate traffic flow, snow plowing, etc. At this point, we have subdivided the Municipal
Services Committee into two subcommittees; a transportation and parking subcommittee, and a
security subcommittee. The transportation subcommittee is being chaired by Public Works Director
Larry Grafel and is working to coordinate transportation of athletes, coaches, guests, and residents.
The security subcommittee is being chaired by Chief Greg Morrison, Vail Police, and will be
assessing security needs for this event.
As Chairman of the Municipal Services Committee I will be attending the 1997 World Apline
Championships in Italy early next year. I will be gone from January 31st through February 8th.
RWM/aw
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THE LOW-DOWN ON LOW-Ft44R BUSES
-inc(uding the ATTB Project
# _ ,..d.~.. :
maintenance for Milwaukee (WI) about 15,000 wheelchair passengers a ~
County Transit System. year, but Costello adds, "All of our
"I thought the problems were passengers like these buses:'
going to be major, but so far the In Vail, CO, where the downtown
things we've experienced have been pedestrian zone includes free shuttle
minor:' MCTS has received 146 New service on a 1.5-mile loop, the Vail
Flyer LFBs, and so far has put 110 into Transit Authority operates a fleet of
~ service. The agency is committed to eight Neoplan LFBs. Equipped with
C,/~ A,.~~ providing wheelchair access on all its three doors, they carry skiers during
~
p~routes. the winter and other visitors in the
Other agencies with LFBs in regu- summer. The third door was request-
(.CJ lar service agree that major problems ed by the agenry, and Neoplan had to
have yet to appear. "We've been pieas- re-engineer its standard LFB to meet
Y antly surprised," says Tom Costello, the requirement.
ed warnings about reduced seating ca- assistant managing director of Cham- ->"We wanted a bus that made it
pacity and predicted mechanical prob- paign-Urbana (IL) Mass Transit Dis- easy to board people with bulky ski
lems and increased maintenance costs. trict (CUMTD). "The horror stories equipment," explains Todd Scholl,
I were wildly overrated:' Vail's fleet manager. "The Neoplan
Milwaukeean was skeptical With a total fleet of 75 buses, bus is a full low-floor vehicle, and it
~ "I was against the technology at CUMTD has operated 15 New Flyer permits quick loading from all three
first," says Mike Wehr, director of LFBs since 1994. CUMTD carries sets of doors." ~
~
- {'gC~ "Pti"p~~~
.
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tj(
thfCE ~1~Et, r I~ `
Y ~ ~ s',4114~ t>~2f5 2ra~
eoriven#ronai
Tse 40-foo! New Flyer bus t#~~ s~cosr~~ZUS a w
~ - -
~anwhile t~~a}~ ,
~
,
~
~ ed~F'aly ~
~ •
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ft}~~~~ ~ ~Sr
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~TOuT~tis
*uk* electrFutyfe~om-Miap-+essedJ~d,?r~geri:
¢m~ tisvel¢pa tsydragensfusl-telt engine #hat usn11 serve as 4th~rzasperat"
~
#srr several ~aanufacture~ Dryan 8us lnslust~iiAIO~GenerraE tl ~
~yttrrrger~as a #uel is the laies# effcict to pni_ ~f~ C~ty 1111'~, ~9~
dute a zero=emissioris bcts T#re h~dr~et~ stc~rec3 ii~ ve~ R~A;W~csn P6~at~
F Yomssurized-taniLS sIrqiIar to thcrse used~ ~`o ~~'~e batEery-sin~r*Le ectriom~~ ~
produce energy, the hydrQgen ts recombined with air sex wheels 'Tlie pro#atypeuur~!
26 METRO MAGAZINE NOVEMBER / DECEMBER 1996
. _ _ _ ~ ~ ~
i~ made adjustments to their bays or ,
i' stalls. "We had to alter our farebox Neoplan uses a front-to-rear low-floor design that eliminates
;j
vaulting islands,"says Winston at CTti,
~ intetior steps. The bus kneels and has a fold-out ramp. Models
~ "but it was a minor thing." :114 4 include a 45-foot standard bus and a 35-foot LFB made with com-
At OCTA, Pierce reports that there ...R I posite materials to reduce curb weight.
was no need to change the bays or brake New Flyer was among the first to offer production LFBs. The
pits
to service 1.FBs. Likewise, BC Tran- I company's latest models include the 40-foot standard LFB. The
sit has not experienced any major prob- ~ i new 30-foot and 60-foot artic models were both on dispiay for the
lems in accommodating LFBs. ~ I first time at the recent APTq Facpo '96 in Anaheim, CA. The com-
~ pany supplied MARTA in Atlanta with 118 CNG LFBs that were in
~ New models listed service during the Olympics. New Flyer is also working with Bal-
Blue Bird Corp, unveiled a proto- -i-"---- ' lard Power Systems to produce a hydrogen fuel-cell-powered bus
type at Anaheim. The 33-foot long, z A , (box). ~
102-inch wide bus can seat up to 34
North American Bus Industries, formedy American Ikarus, is
and can run on either CNG or LNG. constructing a low-floor prototype. The 416-LF will incorporate a
Champion Motor Coaeh Inc. of- step in the interior, Rockwell axles and a cradle-mounted propul-
fers the 30-foot SoLo, designed for sion system. Bill Coryell, vice president of sales, says the bus will be
airports and other areas where ma- available in both 40- and 35-foot lengths.
Gillig's new 40-fooi low-f/oor bus, unvei/ed at the recent APTA Expo, seatr 40. NovaBUS in St. Eustache, PQ, offers the Nova LFS, a low-floor
neuverability is a plus. Introduced
last year, fve Champion SoLos are in footer seats 40 and features an alu- and refinement. Road-testing at var- C8S3 engine. Thet40-Dfooter has ramp acc ss fogboth its frn and
use at Baltimore/Washington Inter- minum-alloy and composite bod y ious sites as we l l a s A l toona testing rear doors, and a front-to-back low-floor design.
national Air ort. ~ rap,r' p structure that helps strip about 4,000 will begin in 1997, and production
ElDorado National's E-Z Rider is pounds from the curb weight. The models should be available by 1998. ~ IIAI
Comm
a 30-foot LFB with double-leaf doors. bus has a multiplex electrical system, "This bus will perform with the
It has a no-step entry ramp, a slide-out wheelchair ram with a
p quality, reliability and cost-effective- Aw
Gillig Corp, also unveiled its LFB manual override and other safety ness that is expected from a Gillig
at the recent APTA conference. Built and maintenance enhancing fea- product," says Vice President Brian ~ t
entirely in the United States, the 40- tures. The bus is Undergoing testing Macleod.
Braun a
I mercial
I~ - parallel
Stop) ca
WARNER ELECTRIC heavy duty clutches peace ol
and bak
for bus air conditioning systems ' coated f
make Bi
Long life, trouble free operation, ally mai
Rolor Outer Pole/ pP°"~ "ssa`""'
superior performance The inh
ArmaWra Plate all ARS
Warner Electric bus air conditioning
compressor clutches are designed
~ F'°• P°~as ~ "
eliminai
specifically for the rigorous demands - Ma nelic Fluz Path This Neoplan 'no-step' low-floor bus has three wide entry doors and pro~
of bus operation - continuous duty, Flux Pole and a number of opiions. This one seats 25 and stands 60. RidQm en
long service life, didy environment.
Gluality ~ FieltlASSembly during tx
Warner Electric quality standards Rolor Innar Pole
have earned accolades from major ArmatureAssembly ~ Cdll Brai
manufacturers - Chrysler's brochure
Pentastar Award, Ford's 01, c~m res~o~snan clear. Brc.
~
Carrier Transicold, General
Dynamics, and John Deere.
~ .
T
4
~
1y
TOWN OF VAIL
75 South Frontage Road Office of the Mayor
Yail, Colorado 81657
303-479-2100
FAX 303-479-2157
November 26, 1996
Sacha Gros
Post Office Box 2796
Vail, CO 81658
Dear Sacha:
Thank you so much for having sent the letter in regard to the cut in funding for World Cup athletes.
I believe I have good news for you!
Although the Town of Vail does not fund individuals, the Town has contributed to a joint funding
effort, along with the Vail Valley Foundation and the Beaver Creek Resart Company, to provide
assistance to amateur athletics. I have taken the liberty of forwarding your request for funding to
Ceil Folz at the Vail Valley Foundation (949-1999). I believe Ceil will be contacting you in regard
to established criteria and process for funding these requests.
Thanks again for your letter, Sacha. The Vail Town Council is behind you 100% and wishes you
"good skiing" this coming season.
Sincerely,
C%An
TOWN
VAIL
f
e
Robert W. Armour
Mayor RWA/aw
xc: Vail Town Council
Ceil Folz, Vail Valley Foundation
Pamela A. Brandmeyer
RECEIVED NOV 2 0 1996 .
~
Sacha Gros
P.O. Box 2796 VAIL, Co. 81658
November 5, 1996
Mr. Bob Armour
Mayor of Vail
VAIL, Co. 81657
Dear Mr. Armour,
My name is Sacha Gros and I am a member of the US Ski Team.
As I am sure you have heard the Team is in dire fmancial straits and will only
be funding World Cup athletes this season. While I think I have a good
chance of skiing World Cup this year, as I am skiing the best I ever have, it is
almost certain that I will have to fund part of my winter season, as will most
of the B and C teams.
I have just finished my best summer training, both in New Zealand and
France, where I was the fastest GS skier and 3rd fastest slalom skier in time
trials for the A B and C teams combined. This is going to be my year !
I am 21 years of age and was born in Vail, attended Vail Mountain School
and The Lowell Whiteman Ski Academy in Steamboat. I atn a product of
Ski Club Vail and Steamboat Winter Sports Club. I attend College part-time
at UCSB in California and have taken classes also at The University of
Colorado in Boulder. I am also fluent in French.
I am looking for sponsors to help me pay for trips to Europe so that I can
compete on the Europa and World Cup circuit as previously planned,
before the US Ski Team budget cuts. -
We will all have to pay for our own flights, hotels and food while still being
members of the Team. We continue to be a part of the Team and will travel
I
~
N
with the coaches as usual, the only difference being we have to pay our
own expenses.
I reatize that this is a big surprise and probably not great timing, no-one was
more shocked than the athletes themselves, so if there is any way the Town
of Vail can contribute to my dream of becoming a World Cup contender
and representing Vail in '99 and the Winter Olympics in Japan, I would be
extremely grateful. '
I can be reached at the above address or by telephone at 926-5458 as we are
currently training in Beaver Creek for the next two weeks.
Yours tru~
C
Sacha mFos~
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Looking fot #He pert'e:c~ ~tcKaa#?g~`'~ffec fot yonc~~~s love?. ~
~5_; FVC.j991xon x81mg, ca~T'rinhl~~OOlr~a'~ 9i~1, r a~
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1"7 Eneembk Series 1f~t i, 2 8i_.3'~^~~,;:. -
1997 Paul l!litchdl Internatioeal EVMMF of Danu A,ugast 8 dc 9
rwknpimasmsiom ssoo,a,nu.nk at an r~aub nyc.u*M-e+aTtxs
Give tha giift af daoca mis Inlidsy ewm....tlw t997 Vail Imenetioml Daaoe FafivN
Presented by The Criadeno Family Foundaticm
7
18.22.035 Conditional Uses - Factors applicable.
In addition to the criteria found in Chapter 18.60, an application for a conditional use
permit for a time-share estate unit,'fractional fee unit, and/or a time-share license unit
(herein after, "the proposed project") in the Public Accommodation Zone District shall be
evaluated subject to the following review criteria. An applicant for such a use shall
provide documentation addressing the following criteria and establish that the proposal
meets the stated criteria. The Planning and Environmental Commission shall apply the
following criteria and evaluate the appiicant's documentation before approving or denying
such a conditional use permit. The criteria are stated as follows:
A. A proposed project shall positively effect the hotel bed base (i.e., overnight
accommodations) in the Town of Vail. In determining the effects of a such
a project on the hotel bed base, consideration shall be given to the
proposed on-site relationship and ratio of time-share estate units,
fractional fee units, and/or a time-share license units to quality
accommodation units, the availability of lock-offs units and the short-term
rental opportunities of time-share estate units, fractional fee units, and/or a
time-share license units when not in use by the owner(s). The cumulative
effects of the proposed project and other existing time-share estate
projects, fractional fee projects, and/or a time-share license projects sha(I
also be considered.
B. A proposed project shall positively effect the gross square footage of
existing accommodation units in the Town of Vail. Consideration shall be
given for allowing the inclusion of the proposed lock-off square footage as
accommodation unit square footage.
C. A proposed project shall not have material adverse impacts upon adjacent
properties. Adverse impacts may include, but are not limited to, impacts
to traffic, parking, noise, the character of the area, load ing/del ivery and .
trash facilities. The proposed project must affirmatively establish that such
potential impacts have been addressed and mitigation measures are
included within the proposal.
D. A proposed project shall positively effect the nature of Vail as a world-
class resort offering winter and summer recreation and vacation
opportunities. The cumulative effects of the proposed project and other
existing time-share estate projects, fractional fee projects, and/or a time-
share license projects shall also be considered.
E. The proposed projecYs ability to provide accommodation and recreation
amenities to its guests and the Town of Vail. Amenities to consider
inciude, but are not limited to, proximity of the project to public
transportation, availability of conference/meeting room space, availability
of hotel-type services, proximity of the project to retail shops and
eating/drinking establishments, on-site recreation facilities and proximity to
community recreation facilities.
F. The ability of the project to ensure long-term adequacy, stability and
1
v _ <
continuity of a high-level of management and maintenance of the
proposed project.
G. The provision of local management or on-site management shall be
evaluated in review of such a project.
H. The provision of a front desk operation within such a project, operating 24
hours a day and seven days a week, with reservation/registration
capabilities, shall be evaluated in review of such a project.
1. The effects of a proposed project upon the goals, objectives and policies
prescribed in the adopted Town of Vail Comprehensive Plan Elements and
the proposal's compliance with the Municipal Code, shall be evaluated.
J. The proposed project shall positively effect the present and future supply
of Town services, including, but not limited to, gain/loss of tax revenue and
decreased/increased demand on municipal facilities. The cumulative
effect of the proposed project and other existing time-share estate
projects, fractional fee projects, and/or a time-share license projects shall
also be considered.
K. The proposed duration of ownership intervals shall be considered.
L. Prior to the approval of a conditional use permit for a time-share estate,
fraction fee or time-share license unit proposal, the applicant shall submit
to the Town a list of all owners of existing units within the project or
building; and written statements from 100% of the owners of existing units
indicating their approval, without condition, of the proposed time-share,
fractional fee, and/or time-share license. No written approval shall be valid
if it is signed by the owner more than 60 days prior to the date of filing the
application for a conditional use. AIl buildings which presently contain
time-share interval units, are exempt from this provision.
f:\everyone\dom\timeshar.n25
2
INTERGOVERNMENTAL AGREEMENT
This Intergovernmentai Agreement ("Agreement") is made and entered this 29th day of May,
1996, between VAIL VALLEY CONSOLIDATED WATER DISTRICT ("WCWD") and TOWN
OF VAIL, COLORADO ("Town"), collectively referred to as "Parties".
WHEREAS, VVCWD is the coordinating entity and developer of a proposed multi-unit
housing project to be used primarily for the benefit of employees in the Eagle County region
("Project"); and
WHEREAS, Town wishes to participate in the Project, and is willing to contribute an
adjacent parcel of property owned or to be acquired by Town toward the Project; and
WHEREAS, WCWD has determined that the addition of the Town property contributed by
Town would benefit the Project by maximizing the number of housing units that could be made
available; and
WI-EREAS, WCWD and Town have both determined that the provision of housing for the
benefit of local employees is an appropriate, necessary and valid public purpose; and
WHEREAS, Parties wish to allow for Town's participation in the Project pursuant to the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the
sufficiency of which is mutually acknowledged, Parties agree as follows:
1. Convevance of Town Propert„y. Town shall diligently pursue the acquisition of a
parcel of real property presently owned by USFS, and more particularly described on Exhibit A
which is attached and incorporated by this reference ("Town Property"). This Agreement is
expressly contingent upon Town's acquisition of the Town Properry from USFS. If Town is unable
to acquire the Town Property, this Agreement shall be of no force and effect. Upon Town's
acquisition of the Town Property, it shall contribute the Town Property to the Project, via special
warranty deed, prior to the issuance of Certificates of Occupancy on the Project.
2. Rezoning of Town Property. VVCWD shall be pursuing the rezoning of the real
- property that will be the primary parcel of land used in the affordable locals'
employee housing project. Concurrently with VVCWD's rezoning efforts, Town
shall initiate rezoning of the Town Property. Town's efforts to rezone the Town
Property shall be initiated even prior to the Town's conveyance of the Town Property
to the VVCWD, if necessary. VVCWD shall assume the role of,the primary
proponent for the concurrent rezonings, and Town shall cooperate with VVCWD.
1
3. Town Particination in Joint Affordable Local ' Housini - z Effort. In exchange for
Town's conveyance of the Town Property to the Project, Town shall have the opportunity to
participate in the Project. In addition to its conveyance of the Town Property to the Project, Town
shall provide a cash contribution as funds are expended on the Project. WCWD shall maintain sole
control over the design and development of the Project, and shall, in its sole discretion, establish the
policies and procedures under which units in the Project are leased or sold, subject to the following
general guidelines:
a. A minimum of 75% of the total units constructed as part of the Project
(including units constructed on the Town Property) shall be occupied by individuals who are employed in Eagle County and their families. VVCWD
and Town may, in their sole discretion, offer up to 25% of the total number
of the constructed units as "free market" units for the purpose of reducing the
cost of the remaining units equally throughout the Project on a cost per
square footage basis.
b. Upon completion of the Project, Town shall be entitled to purchase, at cost,
an ownership interest in up to twenty-five percent (25%) of the units
constructed. For example, if 16 units are constructed and Town provides
25% of the Project costs, Town would receive title to 4 units upon
completion of the Project. The units to be owned by Town upon completion
of the Project shall be referred to as "Town Units." The interim cash
contributions made by Town shall be applied to the purchase of Town Units.
c. For those units reserved for occupancy by local employees, VVCWD and
Town will establish and implement a maximum cap on appreciation for re-
sales in order to ensure the long term affordability of the local employee
housing units. All units shall have a deed restriction identical to the
restrictions attached as Exhibit B.
d• VVCV;D or its designee shall have the right of first refusal on all unit resales,
except Town Units. If VVCWD does not exercise this right of first refusal,
the units shall be made available for sale to the public through a system
which could be similar to the Town's "lottery" system. Town or its designee
- shall have an equivalent right of first refusal for all Town Units.
4. Miscellaneous. This Agreement represents the full understanding of Parties and
supersedes any prior understandings, discussions or agreement as regards the subject matter. This
Agreement may not be assigned without the written consent of the non-assigning party. This
Agreement cannot be amended or modified, unless in writing executed by both Parties.
2
IN WITNESS WHEREOF Parties have caused this Agreement to be executed as of
the day and year first above written. VAIL VALLEY CONSOLIDATED WATER
DISTRICT
~
Fredefick P. Sackbauer, IV,. Chairman
-
ATTEST:
By D. Brown, Secretary
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing Intergovernmental Agreement was acknowledged before me this
`t!da of
Y ' , 1996, by Frederick P. Sackbauer, IV as Chairman
and Byron D. Brown as Secretary of Vai1. Valley Consolidated Water District.
Witness my hand and official seal.
, ~ .
,
Notary , , lic
My commission expires :
3
IN WITNESS WHEREOF Parties have caused this Agreement to be executed as of
the day and year firsi above written.
TOWN OF VAIL
B~IMGt.~c~~, t~'~~d1'l'?I.t,~. f
Pamela A. Brandmeyer Title Acting Town Manager ATTEST:
By /Yl
Title: 7D1U-rl
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing Intergovernmental Agreement was acknowledged before me this
9thday of July , 1996, by Pamela A. Brandmeyer aS
_Acting Town Manager and as
of Town of Vail, Colorado.
Witness my hand and official seal. -
,
;
- Notary Public
Mne E. Yhittht+ Notary Pubhc
~ ~ 75 S. Fro~ ~age Poad _i~
My commission expires:
4
EXHIBIT A
" PROPERTY DESCRIPTION
A parcet of tand within the NE1/4 SE1/4 Section 1, Township S
South, Range 81 West of the Sixth Principal Meridian, Eagle
County, Colorado, described as follows:
Beginning at a point on the southerly line of said NE1/4 SE1/4
Section 1, satd point also being the northwesterly corner of
Block D, Lion's Ridge Subdiv:sion, according to the map thereof
recorded in Book 215 at Page 648 in the office of the Eagle
County, Cotorado, Clerk and Recorder; thence, departing said
southerty tine, N22°33'00"W 84.13 feet; thence N49'45'28'E
55.05 feet; thence 53,85 feet along the arc of a curve to the
right, having a radius of 200,00 feet, a central angle of
15°ZS'35" and a chord that bears N57°28'16'E 53.69 feet;
thence 41.90 feet along the arc of a curve to the r;ght, having a
radius of 27.00 feet, a centrnl angle of 88°54'26", and a chord
that bears S70°Z1'44"E 37,82 feet; thence S25°54'31'E 137,47
feet to the said southerly line of the NE 1/4 SE 1/4 Section 1,
said line also being the northerly line of said Block D; thence,
atong said line, S87°48'35'W 150,82 feet to the Point Of
Beginning, containing 0,3964 acres, more or less.
The bear;ngs of the above described parcel are based on Q bear;ng
of N87°48'35'E on the southerty line of the NE1/4 SE1/4 Section
1, TSS, R81W, per the plat of Lion's Ridge Subdivision.
Date ° -~~~SG--- ~ -
Stan Hogfe
Cotorado P.L.S. 26598
EDGE OF ROAD
~y 1:88'54'26` ~
~g• R-27.00 ~
T 26.49 \ ~2
1-15'25'35 LC-37.82 ~
RL~33.85 CB-S70'21'44'E J+~ \~0
LC-53.89 i\ Ztn SCALE: 1n =50'
- ~ CB=N37*28'1 G'E
~
o
W 0.3964 ACRES
\ \
~r \
N.E. COR. S.E. 1/4 S.E. 1/4
i 5o B2 SEC. 1
P.O.B. S87'48'35` W
S.E. 1/16 COR. SEC. 1
1
BLOCK D ~
EXHIBIT B
MASTER DEID RESTRICI'ION AGREEMENT FOR TSE OCCUPANCY AND RESALE OF
VAII, COMMONS VILLAGE
1'SE MASTER DEED RESTRICTION AGUEMENT FQR 1'HE OCCUPANCY AND
RESALE OF VAIL COMMONS VII.LAGE (the "Agrccmcat") is made and eatered intio this
day of . 19_, by The Town of Vail (the owner of thc property) and Warner
Developmeots ( the owner of the improvcmeats) (hereinafter referrecl to as "Deciarant"), for the
_ benefit of the parties and enforceable by the Town of Vail (hcreinafter referred to as "the Town.I
WITNESSETB:
WHEREAS, Decla:ant owns the real ProPertY descnbed in Exht'bit "A" attachod hereto and
. incorporated herei.n. For purposes of the agreement, the real piopcrty and all dwellings,
appurtenaaces, improvements and fixtures associated therewith shall hereinafter be refentd to as
the "ProFertY", aad
WHEREAS, Declarant agrees to restrict the acQuisition or t:ansfer of the Properry to "Qnaiified
Buyers,,, as that teim is definod in this agreemczrt. In addition, the declarant agrees tbat this
agreement shall constitute a resale agreement setting forrh the maximum sale's price for which the
pivperty may be so2d ("Maximum Sale's Price"), the smount of appreciation aad the teims and
provision controlling the resale of the Property should Declarant's purchaser desire to sell its
intetest in the Property at amy time after the date of this Agreement Finaily, by this Agreement,
Declarant agrees to restrict the propcrty against use aad occupancy iaconsistent with this
Agreement
R'HEREAS, "Qualified Buyers" aze nabu-al persons meeting the requirements set forth by the
Town of VU "Employec Housing Guidelines" or its substitirte, as adopted by the Town of Vail,
or its successor, and in effect at the time of the ciosing of the sale from Declarant to the Qualified
Buyer, and who musi represent and agree p,irsuant to this Agreemtnt to occupy the Froperty as
their sole place of residence, not to engage in aay business activiry on the Property, other dan
that peanitted in that zone district or by applicable ordinance, and not to sell or othcrwise transfer
the Property for use in a trade or business.
WHEREAS, an "Ownei" is a person or persons' who is/are a Qualified Buyerwho acquires an
ownership interest in the Property in compiiance with the teiins and provisions of this Agteemeat;
it being understood that such person or persons shall be deemed an "Owner" hereunder only
during the period of his, her or their ownership intetest in the Property and shall be obligated
hereunder for the full and complete perfonnance and observance of all covenants, conditions and
restrictions contained herein during such period.
Town of Vaii pap 1 of U
Vail Comaam Ma~ter Deed Aemoiaioa
WSEREAS, a"Unit" is any of the units through which uamprise the -
ProPertY• .
WHEREAS it is aaticipated that individuals sball acquire an ownership interest in the
PloPcrty or unit in the ftre and will be considered "owners" Owncrs shall be obligatod
hereimder for the full and complete performance and observation of all covenants, conditions and
restrictions contained herein.
' NOW, THEREFORE, for valne received, the rcceipt and sufficiency of which is hazby
ackaowledged, Declarant hcrcby represeats, covenants and apees as follows:
1. The use and occupancy of the Property sball hencefarth be limited exclusively to housing
far natural peisons who meet the definition of Qualifiod Buyeis and their families.
2. An Owner, in connection with the purchase of this PropCCty or Unit, must a) occupy airy
Unit within this Prnperty as his or her sole place of residence during the time that such
unit is owned; b) not engage in any business activity on ar in such Unit, other than
permitted in that zone district ar by applicable ordinance: c) sell or othervvise traasfer such
Unit only in accardance with this Agreemeat aad the Town of Vail Employee Housing
_ Guidelines; and d) not sell or otherwise traasfer such Unit for use in a trade or business;
and e) not pcrmit any use or occupancy of such Unit except in compliancc with this
Agreemmt
3. Breach of A2reement: '
a. It shall be a breach of this Agrcemeat for Owner to default in payment or odier
obligations due or to be performed under a promissory note secured by a first deed
of trust encumbering the Property or a Unit Owner must notify the Town, in
writing, of any notification received £rom a lender, or its assigns, of past due
payments or default in payment or other obligatians due or to be performed under
a promissory note secured by a first deed of trust, as descnbed herein, within five
calendar days of Owner's notification fcvm lender, or its assigns, ar said default or
past due payments.
b. Upon notification from Owner, as pmvided above, or other notice of such default,
the Town may offer loan couaseling or distcessed loan services to the Owaer, if
- any of these services are available, and is cntitled to rec}uire the Owner to sell the
Property or a Unit to avoid the commencement of any foreclosure proceeding
against the Propeny or a UniL In the event that the Town deteanines that sale of
the Properry or a Unit is necessary, Owner shall itnmediately execute a standa:d
Listing Contract on forms approved by the Colorado Real Estate Commission with
the Town, pmviding for a 30-day Iisting period. At this tnne, the Owncr shall
dtposit with the Town an amount eQual to one half percent ('/z of the esfinated
Town of Vail Pye 2 oC 14
Vail Commons MawDeedRommuce
value of the Unit If a sales contract has not beca executed withia the initia130.
daY Period, Owner shall extcnd the Iisting period for an additional 180 days,
pivvided such eatension does not conflict with the statntary rights of aay secured croditors. The Town shall proaptiy advertise the Praperty for sala by compctitive
bid to Qualified Buyess. At the time of closing, the Owaer shall pay to the Town
an additional one aad one half percent (1 'r4 for a maximum fee of two perceat
(2%). In the event of a lisang of the .Propcrty pursuant to this Paragraph 3, the
Town is entitlod to require the Owner to accept the highest of atry qualified bids
wfiich satisfies the Owner's financiat or other obligations due uadcr the promissory '
note secured by a first deed of tiust aad deod of t:ust in favor of the Town, as described herein, aad to sell the Propecty to such Qualif ed bidder.
c. Upon receipt of notice as provided in paragraphs 3a and b, Town sball have the
right, in its sole discretion, to cure the default or any portion thercof. In such
event, the Owncr shall be pcrsonally liable to the Town for past due payments
made by the Town together with interest thereon at the rate specified in the
promissory note secured by the deed of te= plus one percent (1%) and all actual
expenses of the Town incurred in curing the default. The Owner shall be required
by the Town to execute a promissory note secured by deod of trust encumbering
the Property in favor of the Town for the amouats expended by the Town as
specified herein, including future advances made for such purposes. The Owncr
may cune die default and satisfy its obligation to the Town under t6is subparagraph
at any time prior to execution of a contract for sale, upon such reasonable tetms as
specified by the Towa Otheiwise, Owner's indebtedness to the Town shall be
satisfied from the Owaer's praceeds at closing.
4• This AgrePment shall constitute covenants running with the real property, described in
Exhibit "A", as a burden thereon, for the benefit of, and shall be specifically enforceable by
the Town and their respective successors and assigns, as applicable, by any appmpriate
, legal action including but not limited to specific performance, injunction, reversion, or
eviction of non-complying owners andlor occupants.
5. In the event that an Owner desired to sell the Property or Unit, the Owner shall execute a
standard Lisring Contract on forrns approved by the Colorado Real Estate Commission
with the Town providing for a 180-day listing period, or such other time period as
= roquired by the Town of Vail Affordable Housing Guidelines in effect at-time of listing.
- At this time, thc Owner shall deposit with the Town an amount equal to one percent (1%)
of the estimated vatue of the Unit. The Town shall promptiy advertise the Property or
Unit for sale by competitive bid to QuaHfied Buyers. At the time of closing, the Owner
. shall pay to the Town an additional one percent (1 for a maximum fee of two percent
(2%). If FNMA type financing is used, there may be a fee chazged by the Town basod on
the amount financed. The amount of this fee to be paid by the subsequeat Owner shall be
as set forth in the current Town of Vail Employee Housing Guidelines and will be
distributed to the Town of Vail Mortgage Fund Account.
Toaro of Vail
V.il Commons Pa,e 3 of 14
%later Dad Raaieom
MAXIIVIZ]M SALE'S PRICE - 6. In no event shall the Property or a Unit be sold for an amoRmt ("11+iaximum Sale's Pricx")
in ewess of (tb,e owner's_purchase_rzice), plus an incresse of thtte petcent (3%) if such
price per year from the date of purchase to the date of Owner's notice of intent to sell
,
'(prarated at the rate of .25 perceat for each whole month for any part of a year). NOTHING HEREIN SHA.LL BE CONSTRUID TO CONSTITUI'E A
. REPRESENTATION OR GUARANTEE BY 1'HE TOWN OF VAIL 1'HAT
. ON SALE THE OWNER SIiALL OBTAIN THE MAXIMUM SALE'S
. PRICE. .
7. '
a. For the purpose af determining the Maximum Sale's Price in accordance with this
Sectim the Owaer may add to the amount specified in Paragraph 6 above, the
cost of Permitted Capital Improvements (as defined in Eahibit "B') in a total
annouat not to exceed . which is tea percent (10%) of the initial
listed purchase price set forth in pazagraph 6a above. In calculating such amount,
only those Peanitted Capital Improvements identified in Exhibit "B" hereto shall
qualify for inclusion. All such Permitted Capital Improvements kstalled or
constructed over the life of the unit shall qualify. For every ten years from the date
of original purchase and deed restriction, aaother tea percent of the purchase prico
may be added to the value of the property for capital improvements.
b. Permitted Capital Improvements shall not include an}? changes or additions to the
Property made by the Owner during construction or thereafter, except in
accordance with Paragraph 7a above. Pcrmitted Capital Improvemcnts shall not
increase the base price, even if made or installed during original construction.
c. In order to qualify as Permitted Capital Improvements, the Owner must fiunish to
the Town the following information with respect to thc improvcments which the
Owner seeks to include in the calculation of Maximum Sale's Price: 1) Original or duplicate receipts to verify the actual costs expended by the
_ : - Owner for the Peanitted Capital Improvements; _
2) Owner's affidavit verifying that the receipts are valid and correct receipts
tendered at the time of purchase; and
3) Tiue and correct copies of any building permit or certificate of occupancy
required to be issued by the Tovm of Vail Building Depaztment widi
respect to the Permitted Capital Improvements.
Towa of Vail Pap4 of !4
Vaii Comowos Mum Dad Rearictiom
d. For the pu:pose of determining the Maximum Sale's Pria ia accordance with this
Section, the Owner may also add to the amount specified in Paragraphs 6 and 7a,
the cost of any pe:manmt improvemeats constcucted or installal as a result of aay
rcquinmeat imposed by any governmental ageacy. Provided tbat written
cectification is providod to the Towa of both the applicable requiremeat aad the.
information required by Paragraph 7c,1- 3.
C. In calculating the costs under Paragiaphs 7a and 7d, only the Owner's actuai out-
. of-pocket.costs aad e,acpeases shall be eligible for inclusion. Sueh amouat shall aot
. include an amount amibutable to Owner's "sweat cquity" or to aay appreciatian. ia
the value of the improvements.
8• Owner sball not permit any prospective buyer to assume any or all of the Oa?ner's
customary closing costs nor accept any other consideration whieh wonld eavse an incruse
in the purchase price above the bid price so as to induce the Owner to sell to such
prospective buyer.
9• In the event that one qualified bid is received equal to the Maximum Sale's Price hectia
atablished, the Propcrty shall be sold to such bidd.er at the Maximum Sale's Price; aad in
the event Owner receives two or more such bids cqual to the Maaianun Sale's Price, the
Qualified Buyer shall be selected according to the priority for Sale Units set forth in the
Town of V$iI Emptoyee Housing GuideIincs: and, in the event that atl such quatifiod
bidde:s are of equal paority pursuaat to the Guidelines, the Quatified Buyer shall be
selected by lottery? among the qualified buyers, whereupon the Property or Unit shall be
sold to the winner of such lotteryr at the Maximum Sale's Price. If the terms of the
proposed purchase contract, other than price, as initially presented to the owner, are
vnacceptable to the Owner, ttiere shall be a maadatory negotiation period of three (3)
busiaess days to allow the Seller and potenrial buyer to reach an agreement regarding said
terms, including but not limited to, the closing date and financing contingencies. If, after
the negvtiation period is over, the Seller and buyer have not reached an agreement, the
next bidder's offer will then be presented to the Seller for consideration and a three (3)
business day negotiaring period will begin again. The seller may reject any aad all bids,
however, the Owner is subject to the provisions in the Towa of Vail Employee Housing
Guidelines pertain.ing to the listing fee. Bids in excess of the Maximum Sale's Price shall
be rejected. If aII bids are below Maximum Sale's Price, Owner may accept the lughest
- - -qualifted bid. If all bids are below Maximum Sale's Price and two or more bids are for the - same price, the Qualified Buyer shall be selected by loitery fmm amoag the highest
qualifiod bidders.
10. In the evern that tide to the Property or a Unit vests by descent in individuals and/or
eatiries who are not Qualified Buyers as that teim is defined hereia (hereinaf}er "IVon-
Qualified Transferae(s)'% the Propcny or Unit shall immediately be listed for sale as
Provided in Paragraph 5 above (including the payment of the specificd fee to the Town),
-rowo afv,;i
v.;icommo= p.ps or14
Masta Dod Reo+aion
and the highm bid by a Qualifiod Buycr, for not less than ninetyfive pcrceat (9561e) of the
Maximnm Sale's Prico or the appraised market value, wbichcver is less, shaU be accegted;
if all bids are below ninety-five pGrceat (95%) of the Maximum Sale's Pricc or the
appraisod market value, the Pmperty or Unit shaU continue tD be listed far sale until a bid
in accordaace with this section is made, which bid must be accepted. The cost of the
apprsisal shaU be paid by the Non-Qualifiod Traasferoe(s).
a. Non-Qualified Traasferce(s) shaU join ia any sale, conveyance or traasfer of the
ProPcrtY or Unit to a Qualified Buycr and shaU execnte any and all documcnts
necessary to do so; and . b. Non-Qualified Transferee(s) agree not.to: 1) occupy the Ptoperty or said Unifi 2)
rent all or any part of thc Propcrry or Unit, accept in strict compliance with
Paragraph 15 hereof, 3) engage in any other business activity on or in the Propecty
or Unit; 4) sell or othervvise traasfer the Propaty or Unit accept in accordaace
with this Agreemeat and the Affoniable Housiag Guidetines; or S) sell or
otbLervvise transfer the Property or Unit for use in a trade or business.
. c. The Town, or their respective successors, as applicable, shaU have the right and
option to purchase the Property or Unit, exercisable withia a period of fifteen (15)
calendar days after receipt of any sales offcr submitted to the Town by a Non-
Qualified Traasferee(s), and in the eveat of exeecising their right and option, shaU
purchase the Pmperty or Unit from the Non-Qualified Transferx(s) for a price of
ninety-five perceat (95%) of the Maximum Sale's Price, ar the appraised marlcet
value, whichever is less. The offer to purcbase shaU be made by the Noa-Qualified
Transferee within fifteen (15) days of acquisition of the Pruperty or Unit
d. Where the provisions of this Paragraph 11 apply, the Town may reQuire the Owner
to rent the Property or Unit in accordancc with the provisions of Paragraph 15,
below.
OWNER RESIDENCE
11. The Property and all Units shaU be and is/are to be utilized only as the exclusive and .
permanent place of residence of an Owner. A permanent residence shaU mean the home
or:place in which ones habitation is fixed and to wluch one, whenever he or she is absent,
- has a present intention of retutning after a departure or absence therefrom, regardless of
the duration of absence. In determining what is a permanent residence, the Town staff
shall take the following circumstances relaring to the owner of the residence into account
Business pursuits, employment, income sources, residence for income or other tax
purposes, age, marital status, residence of parents, spouse aad children if any, location of
personal and real pmperty, and motor vehicle registration.
12. In the event Owner changes domicile or ceases to utilize the Propeny or Unit as his sole
Town of Vail . • PaP6 of 14
Vail Comuwas Mmar Dad Ratrnaon
and exclusive place of residence, the Psnpeny or Unit wilt be offerod for sale pursvant to
the pmvisions of Parag:aph 11 of this Agctement Oa+ner sball be deemed tD have
chaaged Owner's domicile by becomiag a itsident elsewhem ar accepdnS Permanent
employment outside Eagle Coimty, or residing on the Psoperty or Unit for fewer thaa niac
(9) moaths per caleadar year without the agness writtm apptoval of the Towa When
the provisions of this Paragraph 13 apply, the Towa may nQuire the Owner to rent thc
Property or Unit in accordance with the provisions of Paragraph 15, below.
13. If at any time the Owner of the Propcrty or Unit also owns aay interest alone or in
canjunction with others in any developed residential pmperty or dwelling uait(s) located ia
Eaglc County. Owner agrces to immcdiately list said other praperty or unit for sale aad to
sell Owner's interest in such property at a sales price comparable to like uaits or
propcrties in the area in which the pmperty or dwelting unit(s) are located. In the event
said other property or unit has not beea sold by Owner within one htmdred twenty (120)
days of its listiag, then Owner hercby agms to immodiately list this Property or Unit for
sale pursuant to the provisions of Paragraph 11 of this Agreement It is understQOd and
agreed between the parties hereto that, in the case of an Owner whose business is the
. construction and sale of residcntial propcrtics or thc purchasc and resale of such
PrOPcrtim the properties which constitute inventory in such an Owner's business shall not
constitute "ather developed residential property" or ••dwelling imit(s)" as those terms are
used in this Paragraph 14.
RE1vTAL
14. Owner may not, except with prior written approval of the Towa, and subject to Towa of
Vail's conditions of approval, rent the Property or Unit for any period of time. Prior to
occupaacy, any tenant must be approved by the Town and Homeowaer's Associatioa, if
applicable. The Town shall not approve any rental if such rental is being made by Owntr
to utilize the Property or Unit as an income produciag asset, elccept as provided below,
and shall not approve a lease with a rental term no less than thirty (30) days and no more
than six (6) months without clear and convincing evidence that a lease longer than six
months (6) is necessary. A signed copy of the lease must be provided to the Town prior
to occupancy by any te"ant Any such lease approved by the Town shall be equivalent to
the monthly expenses for the cost of principal and interest payments, taxes, property
insurance, condominium or homeowners assessments, utilities remaining in owner's name,
- -plus an additional twenty dollars ($20) and a reasonable (refundable) security deposit
. The nQuir'cments of this paragraph shall not preclude the Owner from shazing occupancy
of the Property or unit with non-owners on a rental basis provided Owner continues to
meet the obligations contained in this Agreement, including Paragraph 12.
15. IN NO EVENT SHALL THE OWNER CREATE AN ADDITIONAL DWELLING
UNIT, AS DEFINED IN THE TOWN OF VAIL LAND USE CODES, IN OR ON THE
PROPERTY.
Towo of Vail _
Vait Commoas Pap 7 of 14
Maaa Deed Resbfaion
i _
16. NOTffiNG HEREIN SHALL BE CONSTRUED TO REQUIRE THE TOWN OF -
VAIL TO PROTECT OR INDEMNWY THE OWNER AGAINST ANY LOSSES
A1'I'RIBUTABLE TO THE RENTAL, INCLUDING (NOT BY WAY OF
LIlVIITATION) NON-PAYMENT OF RENT OR DAMAGE TO THE PREMISES;
NOR TO REQUIRE THE TOWN TO OBTAIN A QUALWM TENANT FOR
1'SE OWNER IN 1'SE EVENT'THAT NONE IS FOUND B THE OWNER
BREACH
17. In the event that the Town has reasonable cause to believe the Owner is violating the
pmvisions of tbis Agreement, the Town, by its authorized r;presentative, may inspxt the -
Property or Unit betweea the hours of 8:00 a.m. and 5:00 p.m.. Monday thmugh Friday,
after providing the Owner with no less than 24 hours' writtm notice. 18. The Towa of Vail, in the eveat a violatiaa of this Agmemeat is discoverod, shaU send a
notice of violation to the Owner detauUag the nature of the violation and allowing the
owner fifteea (15) days to cure. Said notice shaU state that the Owner may request a
hearing before the Town within fiftcen (15) days tfl determine the merits of the allegatim.
If no hearing is requested and the violation is nat cured within the fifteen (15) day period,
the Owner shall be cansidered in violation of this Agrzement. If a hearing is held befose
the Town Housing Authoriry, the decision of the Town basod on the recor+d of such
hearing shaU be final for the purpose of determining if a violation has occumed.
If the Town determines that there has beea a violation of the occupancy standards, the
owaer of the restncted employee housing unit shaU be bound to be in non-compliance.
Penalties the Towa may assess against the owner include eliminating resale gain (per
paragraph 7), and/or penalties found in the Town of Vail Muaicipal Code Section
1.01.100.
REMEDIES
19. 'There is hereby rescrved to the parties hereto any and all remedies pmvided by law for
breach of this Agreement or any of its terms. In the event the parties resort to Iitigation
with respect to any or all provisions of this Agreement, the prevailing party -shall be
entifled to recover damages and costs, including reasonable attomey's fees.
_ 20. In the event the Property or Unit is sold and/or conveyed without compliance herewith,
- such sale and/or conveyance shall be wholly null and void and shaU confer no title
whatsoever upon the purported buyer. Each and every conveyance of the Property or
Unit, for all purposes, shall be deemed to include aad incorporate by this reference, the
covenants herein contained, even without reference therein to this Agreement.
21. In the event that the Owner fails to cure any breach, the Town may resort to any and all
available legal action, including, but not limiud to, specific performance of this Agreement
or, a mandatory injunction requiring sale of the Praperry or Unit by Owner as specified in
Twva of Vail pa,e 8 ot 14
Vail Comaioas Mma Dad Remmction
Paragraphs 3, 11, 13, and 14. The costs of such sale shall be taxed against the proceods of
the sale with the balance being paid to the Owner. .
22. In the event of a breach of any of the terms or conditions containod herein by the Owner,
his heirs, successors or assigns, the Town's initial listed purchase price of the Propercy or
Unit as set forth in Paragrapfi 6a of this Agreemeat shaIl, upon the date of such breach as
detelmined by the Towa, automatically cease to increase as set out in Parag:aph 6 of this
Agrecment, and shall rcmain fixed until the date of cure of said breach.
FORECLOSURE
23. If FNMA-type financing is used to punchase the Pmperty or Unit, as determinod by the
Town, the Town raay, pursuant to that certain Option to Buy executed and recordod of
even date herewith, the terms of which are incorporated 'm this AgreGment by this
reference as if fully set forth herein, agree to release and waive their abW to enforce the
resale deed restrictions contained herein, in the event of foreclosure, provided that said
Oprion to Buy grants to the Town and the Housing Authority, as the designee of the
Town, the option to acquire the Property or Unit within thirty (30) days after the issuance
of a public tiustee's deed to the holder (including assigns of the holder) of the promissory
note secured by a first deed of tivst for an option price not to exceed the redanption price
on the last day of all statutory redemption period(s) and aay additional reasonable costs
incurred by the holder during the option period which are directly nlated to the
foreclosure.
In the event that the Town exercises the option pursuant to the terms of that certain
Option to Buy, described above, the Town and/or its designee, may sell the Property or
Unit to Qualified Buyers as that term is defined herein, or rent the Property or Unit to
Quatified tenants who meet the income, occupancy and aII other qualifications, established
by the Town in its Affordable Housing Guidelines until sale to a Qualified Buyer is
effected.
GENERAL PROVISIONS
24• NQltlses. Any notice, consent or approval which is required to be givea hereunder shall be
given by mailiag the same, certified mail, return receipt requested, properly addressed and
with posting fully prepaid, to any address provided herein or to any subsequent mai'ling
- - " address nf the parry as long as prior written notice of the change of address has beea given
to the other parties to this Agreemeat.
Said notices, consents and approvals shall be sent to the parties hereto at the following
addresses unless otherwise notified in writing:
To Declarant: .
To the Town: Senior Housing Policy Planner
Town of Vui paee 9 of 14
Vaii Comoaos Mua Deed Rammuon
~
Town of Va1
75 S. Frontage Road .
Vail, CO 81657
To Owner: To be doternnined by a later recoided memorandum encumbcring
each individual Propecty or Unit ,
25. Eahi-bits. All exlu'bits attachcd hercto (Eahhits "A" and "B') are incotporated herein and
by this rafe:znce made a part hcroof.
26. Scmzbft. Wheaever possible, each provisian of this Agceanent and any other related docamcnt shall be interprcud in such a maaner as to be valid under applicable law; but if
azry provision of atry. of the foregoing shall be invalid or psolnbitod imder said applicable
' law, such provisions shall be ineffective to the extent of such invalidity or prnhbition
without invalidating the remaining provisions of such docummts. 27. Choice of Law. This Agreement and each and every related documeat is to be governod
and construed in accordance with the laws of the State of Colorado.
28. $uccessQg. Except as othrnwise provided herein, the provisians and covcnants contained
herein shall inure to and be binding upcm the heirs, successors and assigas of the parties.
29. Section HeAdin,gg. Paragcaph ot section hesdings within this Agneement aze inserted
solely for convenience or refercace, and are not intended to, and shall not govern, limit or
aid in the constmction of any teims or provisions contained herein.
30. Waiver. No claim of waiver, consent or acquiescence with respect to any prnvision of this
Agreement shall be valid against any party hes-eto except on the basis of a written
instrument executed by the parties to this Agreement However, the party for whose
benefit a condition is inserted herein shall have the unilateral right to waive such condition.
. 31. Gender and Number. Whenever the context so required herein, the neuter gender shall
iaclude any or all genders and vice versa and the use of the singulaz shall include the plutal
and vice versa.
32. PcrsQnal Liabilitv. Owner agrees that he or_she shall be pcrsonally Iiable for any of the
- transactions contemplated herein.
33. Further Actionc. The parties to this Agreement agree to execute such further documents
and take such further actions as may be reasonably required to carry out the provisions
and intent of this agreement or any agreement or document relating hereto or enured into
Town of Vail Paee 10 of II
Vail Comnrms ;yum Dead Rommum
in coancction hcctiwvith. 34. Modifications. The parties to this Agreemeat agree that any modifications of this
Agnement sball be effective only whea made by writings signed by both parties and rccorded with the Clcrk and Recorder of Eagle County, Coloiado. Nota?itbstanding tho
foregoing, the Town reserves the right to amend this Agreement umilaterally whene
damod necessary to cffectuate the purpose and intent of this Agreement, and where such
unilatcrai action does not materially impair the Owner's rights under this Agrecmeat
35. Oamer and SLCCescors. The term "Owner" shall mean the person or pecsons who -shall
.
acquire an ownership interest in the Properry or Unit ia compliance with the te:ms and
provisions of this Agireement; it being understood that such person or pecsons shall be
deemed an "Owncr" hereunder oaly ducing the period of his, her or their ownership
interest in the Properry or Unit aad shall be obligated hereuuder far the full and caomptete
performance and observance of all covenaats, conditions and restrictions contained herein
during such period. .
IN WITNESS WHEREOF, the parties hereto have executed this instcument on the day
and year above fust written.
Town of Vail Pa,e 11 of 14
Vaii Commoas N~ ~ R~~
DECLARANT: -
.Tifle:
STATE QF )
) ss• COUNTY OF )
The foregoing insaument was acknowledged before me this day of
19_, by witaess my baad and official seal.
My commission expires:
Notary Public
Trnwa of Vail Paae 12 of 14
Vait Commoos Master Dead Aesuiaioo
ACCEPTaNCE BY THE TOWN OF VAEL HOUSING AL7THnRTTY -
~
The fcntgoing Master Deod Restriction Agreezneat for the Occupancy and Resaie of Van
Commons of the 1"own of Vail and its tecros are hereby adopted and declarod by the Town of
Vail.
TOWN OF VAIL
By:
Tide
STATE.OF COLORADO ) ) ss.
COUNTY OF EAGLE )
The foregoing instcument was aclawwiedged before me this day of
19_ . by
Wftness ary hand and of~'iciai seal.
My commission expires:
Notary Public
Trnvnof Vait p~e 13 ot U
Vail Comawm Matta Dad Rwatutioa
EXHIBIT "B" -
Permitted Capital Improvemeata 1. The term "Permittod Capital Improvennent" as used in the Agreement shall only include
the following.
a. Improvements or fiztums erectod, installed or attachod as pcrmanent, functional,
non-lecorative imprnveaieats to real pmperiy, exclud.ing rcpair, rcplacanent
and/or maintenance improvements; b. Improvements for energy and water conservation; .
c. Improvements for health and safety protection devices; d. Impmvements to add and/or finish permaneat/fixed storage space; and/or
C. Improvemeats to finish unfinished space.
2. Permitted Capital Improvements as used in this Agreement shall NOT include the
following:
a. Landscaping; .
b. Upgrades/replacemants of appliances, plumbing and mechanical fixtures, catpets
and othcr similar items included as part of the original construction of the imit;
c. The cost of adding decks and balconies, and any extension thereto;
d. Jacurlis, saunas, steam showers and other similar items;
e. Improvements required to repair, replace and maintain existing fixtures, appliances,
plumbing and mechanical fixtures, painting, catpeting and other similar items;
and/or,
- f. Upgrades or addition of decorative items, including lights, window coverings and
other similar items.
3. All Permitted Capital Improvement items and costs shall be appmved by the Towa staff
prior to being added to the Maximum Resale Price as defined herein.
, F:IEVERYONEUNDY%%ADMMVUdASinUW
Towo of Vaii
Vail Comrtwns Pa~ !1 of 11
V{asur Ded Ratiietioo
- MEMORANDUM OF ACCEPTANCE FOR DEED RESTRICI'ION ON
OCCUPANCY AND RESALE DEID RESTRICI'ION,
AG SYZdE AND COVENANT
RECI'I'AI.S:
VVHEREAS, - • the Buyer, is purchasing frcm
the Seller, at a price of $ a condominium unit described as: .
also lmowa as . Eagle Coimty, Colorado; and
WHEREAS, the Seller of that unit is requiring, as a prereQuisite to the sale transacdon,
that the Buyer aclmowiedge and agree to the teans, conditions and restrictions found in those
certain instnmments entifled "The Vail Commons Master Deed Restriction," for the occupaney and
. resale of Vail Commons recorded on . in Book at Page
the records of Eagle County, Colorado and the Towa of Vail Employee Housiag Guidelines
adopted by the Town of Vail Town Council. NOW, THEREFORE, as an inducement to the Seller to sell the refercaced unit, the
Buyer. 1. Aclnowledges that the undersigned has carefully read the enrire Master Deed
Restriction, and the Town of Vail Employee Housing Guidelines, has had the
opportuaily to consult with legal and financial counsel cancerning them and fully
understands them.
2. Hereby accepts the Mastcr Deed Restriction as recorded above, in its eatirety, with
the foltowing chaages and/or additions:
a. Date of the Agreement is agreed to be (page 1).
- b. Purchase price is agreed to be $ (page 1).
. c. SQuare footage of the Unit is agreed to be (page 1).
d. The maximum. sale price, pursuant to Section 6(a) is agreed to be
~ (page 4).
Vail Commons _ psae 1 of 3
Tovm of Vail lndividuai Memo of Axepaox
C. The total aawunt of Pamittod Capital Improvamcnts, pursuant to Section -
7(a) is agreed to bo S (page 4).
f. Notice to the Buyer, pursuant to Section 25, should be sent to (pagc 11):
. 3. Directs that this memo:andum be placed of record in the real estate reconds of
, Eagle County, Colorado. .
IN WITNESS WHEREOF, the parties hereto have executod this instnmient of the day
and year first above written.
BtJYER(S):
By: gr
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
19_, by
WITNESS my hand and official seal.
My commission expires:
,
Notary Public
Vaii Commons Paae 2 of 3
Tovm of Vail ludividuai Mmo ofAcc"=
ACCEPTANCE BY THE TOWN OF VAIL
By.
. . . Andrew M. Knudtsen, Seaior Date
Housing Policy Planner '
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Thc foregoing instrument was aclmowledged befame me this day of
19_, by Andrew M. Knudtsen.
WITNESS my hand and offcciat seal. My comnnission expires:
Nota,y Public
Vail Commods paae 3 of 3
Town of Vail ladividual Mmw ofAco~anoe
1'SE TOWN OF VAIL
EMPLOYEE HOUSING GUIDELINES rownorv.;i
Empbyee i iounag Guidelines
Pap 1 of 10
I. PURPOSE -
. The ptnpose of the Employee Housing Guidelines ("Guidelines') is to set forth the occup,ancy
reqnirements, re-sale procednres, and resale price limitattons for the Towa of Vail deed
restncted for-sale employee housing. Additianal information pcrtaining to Employee Housing
Unit deed resorictions can be found in the applicable "Master Deed Restriction Aptcmmt"
(Deed Resaiction) for the occupancy and resale of certain pmjects such as Vail Cmmons. Prior
to closing on a employee heusia8 unit, the owner mnst siga a deed remction which will be
ra:osdod at thc closing and, which wfl1 nm with the PruPerty m P«PetuitY•
H. MAXIlVIUM RESALE PRICE
. An owner may desire to sell a deod-re.stricted Employee Housing Unit provided that the nsate
pricc and psospective purchaser meet the standards of the Guidelines and the dxd restriction,
Resaie price may not exceed:
A. The original price plus
B. . An incremcnt equal to 3% per annum of the original pinr,hase price fram the date
of purchase (proratcd at the rate of 0.25% for each whole month of any part of my
Yew) Plus .
C. The value of capital imprnveme~s (including pmfessional architect's fees) made tD
the Employee Housing Unit not exceeding I O% of the originai purchase price. For
every ten years firom the date of original purchase and deed restriction, another ten
parcent of the purchase price may be added to the value of the property for c$pital
impivvements plus
D. The value of any special assessments made by a homeowner's association ar by a
Iocal government that have been paid by the owner.
Additional details regarding resale value as well as calculation methods are provided in the deed
restrictian.
III. RESALE PROCEDURES The deed restricted unit must be listed for sale with the Town of Vail.
- - A. - Listing t6e unit with the Town of Vail: Staff duNes -
1. Aa owner of an affordable housing unit desiring to sell shouId consult with
Town staff (Housing Division) and review the Deed Restriction covering
the unit to determine the maximum sales price permitted and othcr
applicable provisions coacerning a sale. Unless otherwise pivvidod in the
Deed Restriction, the unit must be Iisted for sale with the Town and the
Town of Vail
Empbyee Houoog Guiddixt
. Tap 2 otl0
Towa staff or its designee will admiaistcr the s:.le in accordance with the _
Guidelines in cffect at the time of Iisting. There shall be a minimum iisting
periud of three months before a unit's price caa be raadjusted. Any
termination in the listing may requine the payment of administrative and
advertising costt.
2. The Guidelines are intendod to assure that ALL purchasers and ALL sellers
will be reated fairly and impartially. Questions will be saswered and hetp
proviaea to any potential purchasers or seuecs «qusuy ia accordance with
the cumeat Guidelines. Listings, sales contracts, extensioas to contiam and closing documents wM be preparcd and all actions necessary to -
consummate the sale shall be undcrtaken.
3. In pu:suit of the above, the staffa?ill be acting on behalf of the Town. It
should be clearly understood by and betweea all patties to a sales
ftansaction that the staffmembers are not acting as licensed brokers to the
transaction, but as represenratives of the ?owa and its interests. They shall
nevertheless attempt to help both parties consummate a fair and equitable
sale in accordance with the thea cturent Guidelines. 4. All purchasas and sellers are advised to consult legal couasel regarding -
examination of tifle and all contracts, agreemcnts and tifle documents. 'Ihe
. retention of such counsel, licensed real estate brokets, or such related
scrvices, shall be at purchaser's or seller's own expense. The feas paid to
the ?own are to be paid regardless of any actions or seMces that the
purchaser or seller may undertake or acquire.
B. Advertising the sale: bid peciods
1. After a unit is listed for sale with the Town, the Town, at its expense, will
" anange to advertise the uait for sale in two consecutive Friday editions of
the Vail Daily and the Vail Trail. When a unit is first listed, thcre is an
initial two-week bid period during which the unit will be advertised with
two open house dates when the unit may be viewed by interested parties.
The initial two-week bid period ends on the Friday after the second week
of advertising. If no bids are received during the initial bid period, there
- - wiil follow consecutive one-week bid periods, ending on Friday, until the
uait is sold.
2. If more than one bid is received during any bid period, the bids shall be
prioritized according to the lottery criteria of the then-current Guidelines.
If more than one bid is in top priority, a lottery will be held and the winner
Town of Vail
Gmpbyee Hasiog Guidelines
Par 3 of 10
ari'll be natified. If the winner of the lottery does not proceod to caoazract
a?ithia five businass days aftec notification, the next in Iinc wfll be notifiod
snd so on, until the unit is uader contract for piacbase. Back-up contracts
in the priority order set forth in the lottay wffl be accepted.
Prospective purchasecs must be pre-qualified by a leader prior to
submitting a bid for affnrdable housing. Names of authmizai lende:s are
available fiam the Towa Towa staff wflI be avai'Iable to assist iaterested
parties with thc purchase prncednrc and to answer any questions about the
• ~ess. y
C. Sales and Other Fees:
1. Unless otherwise set forth in the Deed Restrictions covering the uait, at the
closing of the saie, the seller will pay the Town a sales fee equal to two (2)
perceat of the sales price. The Town may instiuct the title compaay to pay
said fees to the Towa out of the fimds held for the seller at the closing.
Unless otherwise specified in the Deed Rcstriction, a one-half pcrcent
( fee is paid by the Seller at the timt of Iisting, which is applied to the
total sales fee payable at closing. In the evaat that the seller fails to
perform under the 1.isdng contract, rejects all offers at maximum price in
cash or cash-equivalent terms, or shwild withdmw the listing after
advertising has commenced, that portion of the fee a?il1 not be refimded. In
the event that the seller withdraws for failure of any bids to be receivod at
m$xinmum price or with acceptable tccros, the sdvertising aad admiaistir$tive
costs incuired by the Town shall be deducted from the fee, with the balance
credited to the owacr's sales fee whcn the property is sold.
2. Federal National Mortgage Administration (FNMA) type financing
provisions are those which provide, arnong other things, for the removai of
the Deed Restriction on the unit upon fazeclosure of the mortgage if the
Town does not cxercise its option to purchasc the tmit within a specified
- time following foreclosure. Unless otherwise set forth in the Deed
Restriction covering the unit, upoa the initial sale, resale or refmancing of units where FNMA-type financing provisions are used (the use of wluch
- - shall be at the sole discretion of the Town) there shall be-a 1/4% fee
- charged by the Towa. The fee shall be paid by the mortgagor, shall be
. based on the amount of the mortgage; shall be paid for each mortgage
transaction; and shall be deposited in the Town mortgage reserve fimd
account ff the fee is paid on a unit and the uait is subsequendy
refmanced, the fee shall only apply to that amoimt of the refinanced
mortgage greater than the initial mortgage upoa which the fee was iaitiatty
Taws orvaii
EmPbY- H-oB Guiddioes
Pap 4 ot 10
couect,ed, The amount and adequacy of the fee and thc mortgage ieserve -
fimd shail be reviewed aanually as part of the review of the Guidelines.
D. Deed Restriction:
The purchaser must execute, in a farm satisfactory to the Town and for recordiag
with the Eagle County Clerk concurrent with the closing of the sale, a docummt
ackaowledging the purchaser's ageement to be bound by (1) the recorded Deod
Restriction covering the sale uait and (2) the then-current Guidelines.
IV. RESALE LOTTERY CRITERIA
A. There are five basic eligibility requiremeats wlrich must be met prior to an individual
submitting a bid to purchase an employee housing uait
1. The applicant must intend to use the unit as Ius/her primary residence and maintain
it as his/her primary residence in the firture.
2. The applicam must be ciuTently employed at a business located within Eagle
County which holds a business license with the appropriate jurisdiction (Town of
Vail, Town of Avon, etc.), must be employed an average of 30 hours each wak
on an annual basis, and must maiataia this level of employmcnt for as long as he or
she owns the unit
3. For the A and B(three bedroom) units at Vail Commons, the applicant must have
. a household size of 3 or more persons. For the purposes of determining household
size, applicants may include all persons related to the applicant by blood, marriage
or adoption. If the applicant plans to include dependcnts, they must be listed on
federal income tax forms and reside in the household at least six months and one
day out of every 12 month period of time.
4. The applicant may not own vacant Iand or residemial real estate in Eagle County at
the time of application. If the applicaat currently owns a home in Vail, the '
applicant may deed restrict and sell that residence for "bonus points," which will
provide him or her with a higher standing in the lottery process.
- 5. The applicant must be prequalified with a mortgage lender.
B. Once basic eligibility bas been met, the qualified person(s) submitting the highest bid price
(not to exceed the maximum bid price) during a bid period shall have the first right to
negotiate purchase of the unit. If two or more qualificd bids aze submitted at ttie highest
Town of Vai!
Empbyee Housmg Guiddines
PaeeS ofl0
3
bid picx, they shall raxive preference and be prioritivd for selection as the top bidder
based on the highest score using the criteria listed below. Each year of residency aad
employmant in Eagle Coimty will count as one point in determining the total scom
Additional points wffl be detenninod as follows:
1. Cniznt and consecutive years of employmeat in Vafl sball be weighted at 3:1
over consecutive yeais of entploymeat elsewhere in Eagte Coanty and histaricai
emPloymcnt in Vail immodiately praxding consecrtive ecaploymmt olsewhere in
Eagle County.
2. Gtinrent and consavtive years of residence in Vafl shall be weighted at 2:1 over
consecutive yesis of residcace elsewhere in Eagle coRmty and histoncal residence
, in Vail immcdiately preceding consxutive residence elsewhere ia Eagle County.
3. A bonus of 20 points will be included for deed restcicttag a Vail residence and
selling it, as it will result in a net gain in local's housing.
C. Notes:
1. Your physical place of residence aad cmployment is what counts, not the mat~ing
address. '
2. Employment physically located on Vail Mauniaia shall be considered inside the
Town of Vail.
3. Employment requiring work to be completed at locations "on-site" throughaut
Eagle County (e.g., construction sites) shall be considerai outside the Town of
Vail.
4. Seasonal work and part time work shall be counted on a pro-rata basis. Seasonal
work and part time work alone may not be adcquate to meet the 30 howslweek
avetage annual requirement. This type of work may need to augment other _
employmcnt to meet the minimum eligibility.
S. For the purposes of determining the standing of each applieant, each year of
- - rtsidency (or employmeat) reflects one point. For the portion of time in excess of
- a complete year, the Town will mund to the next highest number if the time
acceeds six months and one day. If the time is less than six months, the Toa?n wili
mund down. Given that the tiess will group individuals with similar histories, half
year increments are not likely to distiaguish Iottesy applicants from one another.
6. If two individuals are applying jointly, the years of employmeat and/or residency
rowo orv,u
F.mpbyae Houtiag Guiddioes
Pap 6 otl0
shaU nat be cambined The single individual with the longcst reccond of
employment aad/or residency shaU use his or her recond for the purposes of
aetmnkin8 longevitY•
7. Pe:sons who own residences located in Vafl or Eagle County at the time of the
lottery application deadline are not eligible. An applicaat who owns a residence in
. Vail may become eligible and, in fact, receivc bonus points, if he or she agrees that,
upon selection, he or she will deed restrict the Vail residence and will complebe the
sale of that residence before or simultaneously with the closing of the purchase of
the employee housing unit. 8. All claims anU be verified by Town of Vail staff. Claims of residence or
employment that do not check out or are un-verifiable wi'll not be couatod in
detennining your longevity.
V. OCCUPANCY REQ[JIREIVIENTS
Once an Employee Housing Unit has beea purchased, it must continue to be occupied in a manner
which is consistent with the goals and policies of the Town of Vail Housing Pzngram. The
purchased Employee Housing Unit must be owner occupied by:
• An employee, working in Eagle County who works an average of thirty hours per week
on an aimual basis.
•A retired individual, sixty years or older, who has worked a minimum of five yeazs in
Eagle County for an average of thirry hours per week on an annual basis.
Notes:
A. A leave of absence may be granted for one year, subject to clear and convincing evidence
which shows a reason for leaving and a commitment to reriun to the VaiUEagle County
area may be approved by the Town. Said evidence shall be in written form presented to
.the Town for review and recommendations 30 days prior to leaving. The Leave of
- Absence shaU be for one year and may, at the discrerion of the Town, be extended for one
year, but in no event shall it exceed two years. The unit must be rented during said year or
years to residents who comply with occupancy requirements. Rental periods shaU be not
less than 30 days. After verification and qualification of tenant(s), a copy of the executed
lease shall be furnished to the ?own.
rowo orv,ii
EmpbYa HousnR Guiddina
Mp 7 of 10
A
B. If the Employee Housing Unit is listed for sale and the owner mnst relocate to another area, the unit may, upon aPProval of the Town, be rentod priar to completion of the sale
to pecsons who camply with the occupaacy requiraments. A letter must be seat to the
Tawn of Vafl Housing staff requesting pecmission to rent the uait imtil sold. A lease of
not less tban (6) montbs must be provided to the tmants with a sixty (60) day move out
ctause upon notification thai the uait is sold. C. Co-signecs may be allowed but shall not occupy the uait nnless the occupancy
. requiremmts of this section are met.
- VI. ANNUAL VERIF'ICATION REQUIItED; PENALTg'.S FOR VIOLATION
A. No later than February lst of each year, the owner of the restricted ecnployee
housing unit shaU submit two copias of a report, on a form to be obtained fi+nm the
Commuaity Development Deparnnent, to the Town of Vail Housing Authority and
the Town of Vail Community Development Departmtat verify?ing that the dwellling
unit continues to be owner occupied in accordance with Section N uf the
Guidelines, that the occupant has worked thirry hours per week for the previous
year, and where the occupant has worked.
B. If the Town detemiines that therc h$s been a violation of the occnpancy standards,
the owner of the restricted employee.housing unit shaU be found to be in
noncompliance. Peaalties the Town may assess against the owner include
elminating resale Sain aadlor penalties fouad 'm the Town of Vail Municipai Code
Section 1.01.100. Any misrepreseatation by aa applicant in subauttal materiai shaU
dis4uaUfY the applicant from purchning an Employee Housing Unit.
VII. SUBMITTAL REQUIREMENTS
In conlimction with completing an application to purchase an Eaployee Housing Unit, the
applicant shaU provide, upon request b}? the Town, the following documentation as proof of
residency and employment A. Federal Income Tax retura forais. Applicant must provide the last four (4) years
- : of Federal Income Tax Returns, aa audited financial statemeat, or acceptable
documeatation to the Town.
B. Verification of current employment in Vail or Eagle County (i.e., wage spibs,
emP1oYer nazne, address and phone number or other appropriate documentation as
re4uested by the Town).
rawo ocv.a
Eapbyee Housiag Guiddioa Ap6 of10
i
1
C. Landlord vccification (prnof of residency, PhYsical address). -
D. Valid Colorado Driver's License (address, issue date). E. Voter registration. Please note that individuals must register as Vail voters withia
thirty days of closing.
F. Deposits for dowa paymcnt shall be verificd by the holder of such fuads.
G. Any co-owncrship intcrest ather thaa joint teaancy or tenancy-in-common must be
approved by the Town. H. Signcd authorization from the applicant allowing the Town of Vail to discuss
ddails with applicant's employer.
I. Any documentation which the Town deems necessary to make a determination.
VIII. FORECLOSURE
The Town of Vail (the "Town") may, pursuant to an agreement entered into in connection
with any first Iien deed of trust or mortgage to be secured for the affordable housing unit,
agree to release and waive its ability to enforce the resale restrictions containod hcrein in
the event of foreclosure, provided that such agreement graats to the Town Council and
Housing Authority, the option to acquirc the affordable housing unit within 30 days after
the expiration of the statutory redemption period for an option price not to exceed the
redemption price on the last day of the redemption period.
The following option provisions shall be included in loan documents, or in a separate
agreement entered into in connecrion with loan documeats, and shall be executed by the
lender, the Town Council, and the Authority:
"In the event of a foreclosure by the holder (including assigns of the holder) of the
promissory note secured by a first deed of trust or mortgage on the affordable housing
unit, and subject to the issuance of a public trustee's or sheriffs deed w the holder
following the expiration of the bornower's redemption rights, the Housing Authority of the
- Town ofVail ("Authority") and the Town Council of the Town of Vail, Colorado (the
"Town Council") shall have the option to purchase the affordable housing unit, which
option shall be exercised in the following manner:
A. Notice. The holder shall give notice to the Authority and the Town
Council that a certificate of purchase with respect to the affordable housing
unit has been itsued to said holder by the Public Trustee of Eagle County.
Such notice wiIl be given within 10 days of the issuance of the certificate.
Notice shail be deemed givcn upon being placed in the U.S. Mail, first-class
. postage prcpaid. and addressed as follows:
Towo orvLi
Empbyee Hamag Guiddine:
' Pap 9 of 10
,
Town Manager, Towa of Vafl ~
75 S. Frnntage Road
Vail, CO 81657
. and
Chairmaa, Housing Authority of the Town of Vail.
75 S. Frontage Road
Vail, CO 81657 '
B. Fnst Option. The Town Council shall have 15 days after the expiratim of
the borrowets statutory right to redecm in which to eaemise its option by
Y, tendering to the holder, in cash or certifiod funds, an amount equat to the
rcdcmption price which would have been reQuired of the boanwer on the
last day of the redemption pr,riod. .
C. Second Optioa The Authority shall have 15 days after the expustion of
the Towa Council's option as set forth above to exercise its option to
purchase the affondable housing unit by tenderiag to the holder, ia cash or
. certified funds, an amount equal to the redemptioa price which the
bornnwer would have beea reQu,ired to pay on the last day of the
redeaption period.
D. Title. Upon receipt of the option price, the holder shall deliver to either the
Authority or the Town Council a Special Wasanty Deed conveying the
property to either the Authority or the Town Council. Titte shall be
merchantable, free and clear of liens and encumbrances wiuch would render
title unmerchantable.
, . In the event that neither the Authority or the Town Council exencises its
respective options as provided above, the Authority and the Towa Council
shall cause to be recorded in the records of the Clerk and Recorder of
Eagl- County, a full and complete relcase of the covenants restricting such
unit to Affordable Housing use which appear in said records in Book
Page Such,release shall be placed of record within thrce days after
demand therefore by the holder following the expiration of the optioas."
IX. For additionai information, contact the Housing Division of the Towa of Vail Depsrtment
of Community DevelopmenG
F:leveryooeWadyk96 adminZIJIDQ1QS.304 Town of Vail
EmPbYa Hauaog Guiddioa Pap !0 of 10
~ ' _
'~y
TO tiW OF UAIL
1309 Vail Valley Drive Department of Public Works/Transportation
Vail, Colorado 81657
303-479-21581FAX 303-479-2166
November 27, 1996 Sent via FAX & mail
Mr. James L. Viele
J.L. Viele Construction Inc.
1000 S. Frontage Road
Vail, Colorado 81657
Dear Jim:
Thank you for your response to my previous letter outlining the conditions for continuation of
work at the Vail Village Club project.
Upon reviewing your response, we remain convinced there is a strong need to control the
construction delivery activities at the project site, which impacts are caused by the Vail Village
Club project.
After discussing the Town of Vail's draft response with the Town Council during their work
session yesterday afternoon, the following conditions must be adhered to if we are to continue
progress on your project and at the same time be sensitive to the surrounding business's and to
our guests. At this point. these conditions are non-negotiable.
Our previously stated condition of the developer financing the entire Community Safety Officer
(CSO) position remains unchanged. However, in consideration of your comment regarding the
"unfairness" of having to fmance 100% of the CSO position, we will assess the actual impacts of
the project construction activities and deliveries for the period between November 28, 1996, until ,
January 12, 1997, to determine if it is unreasonable to have you totally fmance this CSO
position. .
In addition to the above referenced CSO position, beginning on November 28, 1996,
(Thanksgiving) until April 15, 1997, the following project conditions will apply:
o Work Hours.
- Fxterior work ONLY, Monday thru Friday, 8 am to Spm. No exterior work
will be allowed on Saturday, Sundays, or holidays until April 15,199 7.
I
- Interior work ONLY, Monday thru Friday, from 8am to Spm. This is a further
restriction from the original conditions, again due to the impacts on the
surrounding area.
- Additionally, interior work will be allowed once the exterior has been "hard
sided" and not wrapped in plastic or other similar material. No interior work
will be allowed on Saturday, Sunday, or holidays until April 15, 1997.
o Construction supplies/material deliveries will be done Monday thru Friday only from
7am to 2pm.
o Your request to roof during the period of December 28, 1996, to January 4, 1997, is,
, denied. This would occur during the most intense time of the season and would
again be disruptive.
o Throughout the ski season, you will be required to do exterior snow removal on the
project site.
o Employees will continue to be required to park off site at the parking stnzcture or
Ford Park.
We continue to believe these conditions are fair and equitable to the developer, contractor, and to
the community. If you have any questions or concerns, please call me directly at 479-2173.
Sincerely,
L . Grafel
Director
xc: Vail Town Council
Bob McLaurin, Town Manager -
Pam Brandmeyer, Assistant Town Manager
Greg Morrison, Chief of Police .
Susan Connelly, Director of Community Development
Mike Mollica, Assistant Director of Community Development
?Larry Pardee, Construction Inspector
i /1996 18:17 970-476-0078 CHAPMAN&DRISKO,LLC PA6E 02
MARY ISOM AftOraey ac I.4w
lti E. Madoa Drive, Saite 499
vA cobmao $1657
TdePbom (970) 476-7590
Tekb= (970) 476-0078
Novembcr 27, 1996
Towt? of Vail
R. Thamm Moorhead
75 S. Fxontage Raad
Vail, CO 81657
Re: Vail V'iltage Popcorn Wagon
Via fioc: 479-2157
Dcu Tom:
I wame~! w uQdatc y~n, an Bob Schult~ nogutiations with Joe 7oyce regarding the Vail V'illage
popcorn wagon. Mr. 5chultz had several discussions with Mr. Joyce and proposed many options
including a direct sale, s leaselpurchase option, a partnership arrangement, and a sub-lease
arranganem. A&. Joyce rejected aU of these proposals except a d'utct purchase. 'I'he parties, however,
lnave not been able to xeach an agreed upon purchase price, and negotiations have ceascd. Mr. Joycc
was only willing to pay less than half of what Mr. Schultz purchased the business for.
A4er negotiations with Mr. Joyce failai, Mr. Schultz was approached by another intcnstcd
buyer. Mr. Schultz has had productive disavssions witb this party and would like to enter irn4 a
pumhe,qe agreemtm with ler. Mr. Schultz needs the Town's approval for assignmecrt of the curcem
tease, and tte purch'tser would likc to then ecter itrto a loiug-term lease with the Town.
Thc potential buyer would meet the Town's criteria of having the stordge/conunissary facilities
since Mr. Sc.hultz would txansfer this leasz to her. Also, the buyer is a long-time resident and would
be an awnedoperator, whach you stated is a priurity for the Town. This buycr is a partner in the Bcam Ctaelc popcom wagvn. Her partner opaates the Beaver Creek wagon, but she would operate
_ the Vail V'illage wagon. Since the Tovm has taken the position that it does not want to rencw Mr.
' Sctniltz' lease, we believe that this transfer is a pusitive solution for Mr. Schultz and the Town. Mr.
5chultz will sel! his business at a fair price, and the Town will have a residerrt owner/opecator. Please
let me laww yUUr pasition regarding this proposal as soon as possible.
SincerelY?
P
Mary
,
~
u
~y
TOWN OF vAIL
75 South Frontage Road Office of the Town Anorney
Yail, Colorado 81657
970-479-2107/Fczx 970-479-2157
November 27, 1996
VIA TELECOPIER
Mary Isom, Esquire
143 E. Meadow Drive, Suite 498
Vail, CO 81657
Re: Popcorn Wagons
Dear Mary:
As you are aware Bob Schultz currently holds the lease with the Town of Vail for the Village
Popcorn Wagon until December 31, 1997.
Section 11 of that lease states:
"Lessee may not assign this lease to any other party without the written consent of Lessor
first having been obtained, which consent shall not be unreasonably withheld, based upon
the character, business experience and financial stability of the proposed assigned."
While the Town will honor the current agreement, it is not interested in the brokering of Town of
Vailleases. -
I should also note that the lease requires in Section 4.E.:
"Lessee shall operate its business in a efficient, businesslike and respectable manner,
maintaining the demised premises with a full staff of employees and a full stock of
merchandise of the quality, kind and type which the Lessee usually sells."
We have received complaints that the Village wagon is not open for business at this time which
constitutes a violation of the above-quoted provision.
In addition to receiving complaints that the Village wagon is not open for business at this time,
the Town Council has received considerable support from surrounding Village merchants for the
Mr. Joyce's operation.
~,5~ RECYCLEDPAPER
.
~r
t
Hopefully this information will be of assistance to your and your client. If I can be of further
assistance, please feel free to contact me.
Very truly yours, .
i
~
R. Thomas Moorhead
Town Attorney
RTM/aw
xc: Vail Town Council
Joe Joyce
r
•
11
TOWN OF VAIL
75 South Frontage Road
Yail, Colorado 81657
970-479-2100
FAX 970-479-2157
FOR IMMEDIATE RELEASE
November 26, 1996
Contact: Holly McCutcheon, 479-2136
Town Clerk
TOWN OF VAIL MARKS 30TH YEAR OF INCORPORATION WITH FREE PARKING,
TRANSPORTATION CENTER RIBBON CUTTING ON DECEMBER 6
(Vail)--Residents and guests alike are invited to enjoy a birthday party next Friday
(12-6) in celebration of the Town of Vail's 30th year of incorporation. The event will
include free parking in the structures all day long, plus tours of the newly-remodeled
Vail Transportation Center terminal from 8 a.m. to 3 p.m. At 1 p.m. a ribbon cutting will
be hosted by Mayor Bob Armour and current and former Town Council members to
mark the reopening of the transit terminal.
It was 30 years ago in November when Vail residents elected their first mayor and
board of trustees. The Nov. 8, 1966 election featured 13 candidates for the six trustee
positions, now known as council members, and one candidate for mayor. Voters
approved Charles E. Kindel as Vail's first mayor and elected Peter Seibert, John
Dobson, Harry Willett, Lorence Burdick and Joseph Langmaid to the board of trustees.
A total of 107 votes were cast in the election. Later, in 1972, voters approved a home
rule charter providing for a council-manager form of government.
Although much has changed in Vail since the early days, some characteristics have
stayed the same, says Mayor Armour. "It's the people," he said. "We might be more
sophisticated now because of new technologies, but our values and personal
(more)
RECYCLED PAPER
r
TOV Birthday/Add 1
commitment in making things happen here are as strong as ever." Armour is Vail's
seventh mayor. He joins Kindel, John Dobson, Rod Slifer, Paul Johnston, Kent Rose
and Peggy Osterfoss in leading the town. "There's really nothing quite like it," Armour
said. "It's a wondertul experience."
Next Friday's birthday celebration begins at 6 a.m. when the gates of the parking
structures are lifted for a day of free parking. Then from 8 a.m. to 3 p.m., the town will
host an open house of the new{y remodeled Transportation Center terminaf with a
ribbon cutting scheduled for 1 p.m. Free birthday cake and other refreshments will be
served. Also, commemorative copies of a newspaper insert originally published by the
Vail Trail in 1966 will be given away to the first 250 visitors. The insert contains profiles
of Vait's first candidates for elected office, plus some nostalgic ads from Vail's original
businesses.
"Our bus system is one of the town's greatest assets," Armour said. "It gives us all
great pteasure to focus our celebration on the new facility."
The $1 million Transportation Center remodel is the first of several TOV capital
projects planned in preparation for the 1999 World Alpine Ski Championships. The
work features a new main entrance on the top level and a new entryway from inside the
parking structure on the third level. There's also a new picture window view of Vail
Mountain, improved vendor areas on the main level, a new locker/ski storage room and
completely new bathrooms. The main terminal has new furniture and features a new
grand stairway. Also, the Coffee d'Beanery area has been enlarged with a seating area
and new kitchen and refrigeration improvements for increased variety of food service
within the center. Also, a tower has been added to mirror the architecture of the village
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TOV Birthday/Add 2
and information center.
The terminal functions as the hub of Vail's transportation system. Vail's outlying bus routes begin and end there, as well as connecting routes from the Eagle County
_ Regional Transportation Authority. The facility also houses three private transportation
providers and a sports shop. An estimated 18,000 travelers will pass through the
terminal on any given day during peak ski season. Vail's transit operation is thought to
be the largest free system in the country, serving more than 3 million passengers each
year.
For more information on the celebration, contact Vail Town Clerk Holly McCutcheon
at 479- 2136.
# # #
4
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TOWN OF YAIL
75 South Frontage Road
Yail, Colorado 81657
970-479-2100
FAX 970-479-2157
FOR IMMEDIATE RELEASE
November 25, 1996
Contact: Tom Collins, 479-2346
Communications Manager, Vail Police Department
AGENCIES PREPARED TO TAKE ON I-70 WINTER CONDITIONS WITH BETTER
COORDINATION, ENFORCEMENT AND INCREASED COMMUNICATIONS
(Vail)--Road closures on Vail Pass and other stretches of the I-70 corridor should be
the exception rather than the rule again this winter as state and local agencies continue
to build on last season's success. With better coordination, increased staffing--and a
little help from Mother Nature--officials are hoping to see even fewer road closures on
the I-70 corridor between Denver and Vail. Specifically on Vail Pass, there were seven
closures last winter, compared to 24 on the pass the year before.
Representatives from the Colorado Department of Transportation (CDOT) and
Colorado State Patrol (CSP) have been meeting with officials from the Vail Police
Department, Vail Associates, Vail Valley Tourism and Convention Bureau and other
local agencies to activate the winter storm plan. Vail Communications Manager Tom
Collins says the team is ready. "In fact, you might even say we'd be disappointed if we
didn't get the kind of snowfall we got last year just to see how much better we can be,"
he said. "Each time we get this group together, we find better ways to do things."
Here's what's new for the winter season:
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I-70 Corridor/Add 1
• Increased traffic enforcement. Colorado State Patrol has added seven new
officers for the region covering Glenwood Canyon to Vail for a total coverage of
12 troopers. Look for stepped-up speed enforcement and chain law
enforcement. Also, the Vail Police Department has made desk and phone space
available for area troopers, thus saving a drive to Eagle-Vail or Eagle for routine
foNow-up work.
• Increased use of magnesium chloride liquid (de-icer) on I-70. After successful
tests last season, this technique will be used to prevent roads from icing up when "
temperatures hit the freezing mark. As many as six liquid spray trucks will be
based on I-70 from Denver to Vail during storms.
• Proactive weather monitoring. The Colorado Department of Transportation is
using specialized weather forecasts and satellite readings to anticipate severe
weather and to plan appropriate staffing activities.
• Faster communications. Improvements to a fax broadcast alert system managed
by the Colorado Department of Transportation will provide announcements on
road conditions, closures, restrictions and other notifications to more than 200
law enforcement agencies, media outlets and other entities statewide within 10
minutes.
• Tougher chain law provisions. The new chain law, which took effect in April
1996, increases the fine for violations from $39 to $100 and imposes a$500 fine
for unchained trucks which cause a road closure.
• More highway advisory radio systems. The Colorado Department of
Transportation now operates four low power radio stations (530 AM) along I-70.
• More chain-up areas. The Colorado Department of Transportation has added
five new chain-up areas along the I-70 corridor for a total of 11 stations, including
one in Vail at mile marker 178 eastbound, plus mile markers 182.6, 183.8 and
186.2 eastbound on Vail Pass.
• Increased staffing of chain-up areas. The Colorado Department of
Transportation will staff chain inspections at peak traffic times when the chain
law is in effect. In Vail, chain checking will occur at mile marker 180 eastbound
on Saturday and Sunday afternoons. In addition to CDOT staffing, assistance
will be provided by the Vail Police Department, Colorado State Patrol and the
Eagle County Sheriff's Office.
Traffic on I-70 is growing at a rate of about eight percent each winter, according to
Guiliermo V. Vidal, CDOT executive director. "And that makes traffic management
even more challenging," he said. "Some.closures each winter are inevitable, but drivers
can be assured that I-70 is our highest priority."
Locally; a variety of information resources are provided for timely and accurate
updates:
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.
I-70 Corridor/Add 2
• 530 AM radio. This radio system, funded by the Town of Vail, Colorado
Department of Transportation and Vail Associates, provides continuous weather
and road condition information transmitted from East Vail to Dowd Junction.
Listen for recordings in English, Spanish and French.
• 479-2226. This local road conditions recording from the Vail Public Safety
Communications Center is updated hourly, or as conditions change during bad
weather.
• TV Channel 5. Available to all TCI cable subscribers from Vail to Cordillera,
continuous weather and road condition information will be provided (formerly
seen on TV Channel 11 in Vail).
• Vail Mountain Lift Boards. Timely updates for skiers will be posted at all lifts on
Vail Mountain.
• TV 8 KVBA. Available to TCI subscribers in the upper Vail Valley, updates are
scrolled at the bottom of the screen.
• Local Radio Stations (FM 93.1, 95.3, 101.5, 103.1, 104.7, 105.5 or 107.1).
Radio information updates every 10 minutes, when needed.
• 1-303-639-1111. A long distance call, this newly-enhanced statewide road and
weather condition line is operated by the Colorado Traffic Operations Center.
In addition, the Salvation Army and the Vail Va(ley Tourism and Convention Bureau
are prepared to help travelers in need of overnight accommodations. The Salvation
Army is equipped to open free shelters for stranded motorists in three primary and eight
secondary locations between Vail and Gypsum. The primary shelters, located in the
Vail Municipal Building, Vail Chapel and Battle Mountain High School, will be activated
within four hours of a road closure. Other shelter locations will be opened as need.
The effort is coordinated by Jerry Millsaps of the Salvation Army, who along with five
other volunteers, have been certified as shelter managers. Local radio stations will be
notified immediately when shelters are activated.
The Vail Valley Tourism and Convention Bureau (VVTCB) will again extend operating
hours of its Visitors Centers in Lionshead and the Village during road closures to assist
with lodging and local information. The VVTCB has worked with about 25 area lodges
to arrange discount rates for stranded travelers who need a place to stay. Deberah
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I-70 Corridor/Add 3
Earle, director of information services of the VVTCB, said the effort has been well
received. "Travelers remember the generous outreach of a community in a time of
crisis," she said. "We believe Vail's hospitality during a road closure or storm will be
remembered and that when a visit is planned under more favorable conditions, Vail will
become the destination of choice."
In addition to assistance from the VVTCB and the Salvation Army, Bob Moroney of
the Vail Athletic Club is lining up volunteers to help answer non-emergency phone calls
to the Vail Communications Center. During severe storms, Vail's dispatchers will
receive hundreds of phone calls per hour, many of them non-emergency, said Tom
Collins, who oversees the operation. "With volunteers helping with the non-
emergencies, the dispatchers can concentrate on the emergencies at hand," Collins
said. "They were extremely grateful for the help we received from Bob and his crew last
season and we look forward to their return." For more information on the volunteer
program, contact Moroney at 476-7960.
# # #
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u
~y
TOWN OF VAIL
75 South Frontage Road
Yail, Colorado 81657
970-479-2100
FAX 970-479-2157 MEDIA ADVISORY
November 27, 1996
Contact: Suzanne Silverthorn, 479-2115
Community Information Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR NOVEMBER 26
Work Session Briefs
Council members present: Armour, Foley, Ford, Jewett, Johnston, Kurz, Navas
--G R FA
. After reviewing public input and feedback from members of the Planning and
Environmental Commission, the Council narrowed the scope of its GRFA (gross
residential floor area) analysis to the following possible alternatives:
1) Eliminate GRFA, while ensuring specific mechanisms to ensure bulk and mass does
not significantly increase.
2) Allow for conversion of interior space.
3) Eliminate basement space as GRFA.
4) Explore issue of vaulted space (which is not currently calculated as GRFA).
5) Don't count GRFA used for employee housing units; develop other incentives for
housing units.
6) Simplify definition of GRFA, i.e. eliminate all credits an increase ratio.
Planning consultant Tom Braun will now analyze pros and cons of the alternative
approaches in more detail to be presented to the Town Council in January.
During discussion yesterday, public comments included: an interest in expanding the
analysis to multi-family dwellings; the difficulties realtors face in representing properties
with illegal conversions; the need to simplify GRFA so it is understood by the public
and professionals; a suggestion to eliminate GRFA while using setbacks and height
limitations to control bulk and mass; the need to control the total appearance and
character of the community; support for conversion of interior space and elimination of
basement space as GRFA; agreement that any changes in GRFA are not intended to
upzone or create the ability to build larger homes; creation of incentives for keeping
housing heights low; a suggestion to consider relaxing deed restriction policies to
increase supply of housing; a recommendation against using design style standards to
help control bulk and mass. During council discussion, Sybill Navas said she was
interested in creating a provision which would require caretaker units to be added to
houses that exceed a certain size whether it is deed restricted or not. The council had
directed staff to evaluate the existing GRFA system and determine whether it is an
effective and appropriate tool when compared to other alternatives. Three recurring
issues have been raised by the Council. They are: 1) Is GRFA an effective tool in
controlling mass and bulk; 2) is it appropriate that the town should be reviewing interior
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Council Highlights/Add 1 floor space; and 3) is it an effective use of staff time (both TOV and designer/builders).
For more information, contact Russell Forrest in the Community Development
Department at 479-2146.
--PEC/DRB Review
In reviewing the latest actions by the Planning and Environmental Commission, Council
members expressed interest in PEC approval of a time share criteria for approving a
conditional use permit for time share estate units, fractional fee units, or time share
license units in the Public Accommodation Zone District. The matter will be reviewed
by the Council at its Dec. 17 work session. For more information, contact George
Ruther in the Community Development Department at 479-2145.
--Information Update
After reviewing costs prepared by Town Manager Bob McLaurin at the Council's
request, members agreed to add a new firefighter position to the 1997 budget. The
action will add $34,000 annuatly to the budget, funded in part, by a reduction of up to
$10,000 in overtime costs. With no increases in staff since 1982, Fire Chief Dick
Duran has said the safety of his firefighters has been compromised due to multiple
afarms and reduced availability of off-duty personnel. The budget comes up for final
approval at the Dec. 3 evening meeting.
Public Works Director Larry Grafel reviewed new restrictions that will be used at the
Vail Village Club (formerly Seranno's) construction site to help alleviate complaints by
surrounding neighbors and tourists. The changes include prohibiting weekend
construction during ski season, restricting delivery of materials to the site to 8 a.m. to 2
p.m. Monday through Friday, and denying a roofing request that would have occurred
December 28 to January 4. Additionally, Grafel said the town will study the impacts of
a community safety officer posted in the area for traffic control. He said the town
intends to bill the construction project for the amount of traffic control work associated
with the construction. Recent complaints about noise, deliveries, access problems into
the Village core and exhaust fumes prompted the latest adjustments.
Councilmember Paul Johnston, who experienced the construction problems last
weekend, suggested the town add a TOV concierge desk on weekends as a community
outreach component to handle complaints and other issues that otherwise are left
unresolved until TOV offices reopen on Mondays.
Public Works Director Larry Grafel said the town had been noted in a transit trade
publication as a leader in the introduction of low-floor buses. Of the 50,000 buses
currently in use across the country, Grafel said only 500 of them are low-floor buses.
He said the TOV system is receiving national and international recognition for its
innovation.
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Council Highlights/Add 2
In other business, Sybill Navas agreed to replace Paul Johnston as the town's
representative on the Chamber board.
Announcements by Assistant Town Manager Pam Brandmeyer included: the
nomination deadline for the Youth Recognition Award has been extended to Dec. 13;
Brand,meyer will help formulate grant criteria for the new amateur sports/culture award
managed by the Vail Valley Foundation; and the TOV annual Christmas party is
Saturday, Dec, 14, at the Marriott.
Councilman Rob Ford invited other councilmembers to ski with him the morning of Dec.
3.
--Council Reports
Councilman Kevin Foley said he attended a meeting of the Vail Recreation District,
while Mayor Bob Armour reported on the Eagle Valley Leadership Coalition meeting
and the Municipal Services Committee meeting for the 1999 World Alpine Ski
Championships.
--Other
At the Council's request, Town Attorney Tom Moorhead presented an update on
operation of the popcorn wagon in the Village. The wagon remains closed while the
current lease-holder negotiates a possibfe sale of the operation. Moorhead said the
current lease between the town and the vendor, which expires at the end of 1997,
doesn't require the business to be open. Moorhead says he's trying to get those
involved in operation of the Village wagon and the Lionshead wagon to enter into new
leases beginning now for a term with a period of renewal. Moorhead said ultimately,
the town wants to create an arrangement for tenant operators rather than allow lease-
holders the flexibility to broker the space at the town's expense.
Mayor Bob Armour will attend a ribbon cutting for the Vail Cascade Hotel & Club
(formerly the Westin) at 10:00 a.m, Wednesday, November 27, 1996.
Councilman Kevin Foley asked about ski storage sheds which have been installed in
Lionshead. Foley said the sheds are unattractive and wondered how they were
approved.
UPCOMING DISCUSSION TOPICS
December 3 Work Session
Site Visit and Discussion of Ordinance #18 re: Savoy Viflas
Discussion Ordinance #25, Supplemental Appropriations
Motion to Modify Debris Flow on Bald Mountain Road
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Council Highlights/Add 3
December 3 Evening Meeting
First Reading, Ordinance #18, SDD #5 Amendment to Savoy Villas .
First Reading, Ordinance #25, Supplemental Appropriations
Second Reading, Ordinance #23, TOV Budget
Second Reading, Ordinance #20 & 24, Red Sandstone, SDD & Rezoning
Resolution #21, RE: Norwest
Presentation of Investment Report
December 10 Work Session
PEC/DRB Review
KezziahWatkins Community Collaboration Follow-up to Support TOV Critical Goals
Council Executive Session
# # #
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.
A Special Holl.day
~"No Banquet Banquet"
.
;
A traditional event will not take place. You won't have to find a babysitter. You
won't have to stand in line for "Hawaiian Chicken", sit in an uncomfortable
chair, or listen to a presentation about the Eagle Valley Pregnancy Center.
•
WHY A "NON-EVENT FUND RAISER?"
The Eagle Valley Pregnancy Center is all about families. That's why we
understand that the holidays are a very special time tor family life, full of
~ activities. And that's why even in our time of special need we think it's
unfair to ask you to give both your time and your contributions to help us.
So today, we're really only asking for one of those.
•
We know you care about the work of the EVPC, so this holiday we invite you
to stay at home, snuggle up with a good book. Play a game with your family.
Finish a project you have promised yourself you would finish.
Or better yet, take some time to pray for the EVPC.
•
NON TIME: 6:00 - 9:00 P.M.
NON DATE: Saturday, December 7, 1996
COST: $38.95 - Send us the $30.00 and keep the $8.95 to buy
cappuccino and croissants or pizza and soda.
; `y •
We thank you in advance for your support of the
Eagle Valley Pregnancy Center.
:
Sincerely, from our Board of Directors:
Brenda Kohrmann
Carla Guarascio
Dian Nelson
' Director
Sue Huseby
.
. . ,
~
YES! I WANT TO BE PART OF THE "NO BANQUET BANQUET'!
NAME .
.
- ADDRESS
PHONE
t~=
' ? $30 I promise not to attend.
? $50 t wilt keep my mate or friend hom attending.
? $100 I wiil keep all my friends from attending. - -
? I regret that 1 have other plans that evening, but enclosed
is my gift of :
? I would like to pledge monthly.
Please complete and mail thrs in the enclosed envelope with your tax
deductible donation. (Under JRS 501(c)(3)1
/
EVFC Meeting Minutes
November 12, 1996
Patrick Paul Arleen Montag
Jerry Milsaps Tsu Wolin-Brown
Valerie O'Neil Dee Hoza
Ry Southard Sue Torris
Cindy Cohagen Cherie Paller
Candy Hodgkins Holly Tatnall
ColleenGray Millie.Hammer
Rosie Moreno Jill Seal
Kathleen Forinash Joe Forinash
Ruth Walker Joanne Mattio
Sharon Thompson Jim Himmes
Kathleen Walsh Debra West
Kim Andree
Patrick Paul is new director of Youth Force (formerly the Youth Task Force). Came to
introduce self to the group.
EVFC and The Resource Center held a facilitated meeting on November 11. The
group agreed to meet again to further work on communication problems. Will postpone
discussing ihe issues in ihe fetier untii fur'rher rneetirgs.
Christmas Trees are available for EVFC member agencies to take and decorate. The
original intent was to have a tree from each agency displayed in a public place to
promote both the individual agency and EVFC. Colleen agreed to check with Avon
library to see if display is possible. Members present are encouraged to take a tree.
Rosie Moreno- Children's Network - Americorps volunteer hired - Jodie is
enthusiastic and ready to go. She has been through training. Rosie has Resigned from
CORRA position and Kathleen Walsh hired to take over Child Care Resource and
Referral Line.
Millie Hamner - School District - looking at revising and hiring coordinator to place
kids in alternative program. Working on Guidance and Counseling curricufum and
revising health curriculum. Putting together a resource list. Also looking to hire school
to career counselor if grant approved. Congratu/ations to Millie who completed
doctorate
Joanne Mattio- Echo Ranch -recently completed Sexual Abuse perpetrator training.
Training given to perpetrators of sexual abuse. Contact Joanne if interested working on
General Membership Meeting Minutes
1112min.wpd 1.
r.
violence prevention grant.
Sharon Thompson - Mountain .BOCES - working on early childhood curriculum with
School district ages 3- 5- if interested in being involved contact Sharon.
Jerry Milsaps - Vail Valley Cares - Jerry will check with the library to see if we can
continue to meet here on the second Tuesday of every month. Vail Valley Cares and
Salvation Army will be doing a meal on Thanksgiving this year at the Eagle Vail
Pavilion free of charge. Serving meal befinreen 11 and 2. If you want to help be there
around 9 for set-up , after 2 to clean-up. Hopes this will help people to begin thinking
. and feeling a sense of community. Thrifty Shops doing extremely well. Four existing.
Glenwood and New Castle want help setting up same. Visit a Thrifty Shop - stores
need volunteers. If you work more than an hour get 50% off on what buy during the
day. Donations overwhelming. Edwards store sold 3000 items last month. Flyers
advertising the stores should be available soon. Salvation Army gearing up for Adopt a
Family. Forms handed out to recommend people for Adopt-A-Family program. Holiday
Food Baskets are for people who are struggling. Adopt-A-Family for people who
probably wouldn't have Xmas without the program. Holiday food baskets packed up
the Saturday before Thanksgiving and Christmas at Minturn Town Hall or Eagle County
Buildings and Grounds (Across from new library) . Start at 9 AM. If bringing children
plan on supervision.
Colieen Gray - i..iteracy Projec4 - siiart handed - Sioan is fighiing cancer. Ifi yot, woula
like to send well wishes the address is:
Sloan Munter
1955 Inverness Avenue
Pittsburgh, PA 15217
Receiving calls from adults who need to learn to read and people previously involved in
the program. Study Friends tutors needed.
Jim Himmes - Meet The Wilderness - Catching breath this time of year.- Ropes
course closed - few trips but mostly a time to regroup.
Tsu Wolin- Brown - Family Assistance fund - Money available - up to $5000 on
loans for emergency situations. Must improve life. Legal fees possible. Transportation
loans have not been so successful. Must be referred by other agency Headstart fully
enrolled - 61 CPP and 34 in Headstart. Having first federal on-site visit in Spring.
Parent Policy council needs to do self -assessment. May 12 - 17 to meet with team. Will
also need letters of support. Still taking referrafs. Wants volunteers to work with little
kids in the classroom. Arranged for sessions with Colorado West for behavior problems
for low cost.
General Membership Meeting Minutes
1112min.wpd 2
r
Kathleen Walsh- Child Care Resource and Referral - still being trained
Arleen Montag - Youth Force - New director, Patrick, is working with Eagle Valley
High School set up youth training programs and peer connections. The biggest need
is for study locations. Got Home Work Hotline up here. Main emphasis is west and
north end of county. Suggestion made to contact Ambulance District for study location
and Community Service for individuals to tutor. Can have fingerprinting done through
Sheriff's office.
Jill Sale - JTPA - taking Bart's place. Located in the Dillon Office, Judy Dysart takes
over west end of county. Help out with OJT training and education. Individuals can be
out of work adults and high school students. In summer have summer work program.
Funding available for summer. Job Service offers Job Search workshops on Tuesday to
help people searching for jobs.
Deborah West - Habitat for Humanity - finished first home. Concentrating efforts on
locating block of land for more than one home. Accepting applications for next home in
January.
Valerie O'Neill - TRC - here with Lola, co-chairs for TRC advocates. Currently have
75 with 10 inactive. Things relatively calm.
Kim Andree - ECSO - busy - used to see down time for community not any more.
Stressed community being more violent. Lost communications election issue.
Writing implementation piece for violence. prevention grant. Jan 3 deadline for grant
Victim's Impact Panel - Laurie resigned from board - growing - looking to provide
funding for classes. Contracted with court watch to start monitoring DUI's to see what
need to do to get judges and DA's to stand firm on sentencing. Hired a coordinator to
monitor offenders.
Ruth Walker - Mountain Hospice - State Conference in October in Vail. Wants to
adopt a new program - Prelude - step back from DNR - means volunteers can go in and
help even though people aren't ready for. Catholic Charities has Spanish speaking
counselor available. For WMC has Vial for Life that gives list of emergency information
in refrigerator..845-9155 call Home Health for a vial. Tree of life (Mountain Hospice) on
December 9th at Children's Fountain in Vail. Souper Soup Night on Nov 20.
Ry Southard Rocky Mountain Planning Group - redesigning town center in Minturn
with 100 or so affordable housing projects in the town. Goal is to have 1000 units of
affordable housing under contract by end of 1997. Bi-County community health plan
General Membership Meeting Minutes
1112min.wpd 3
0.
f
being developed - process moving along for affordable community health insurance
available. Acting Director of United Way - currently quiet.
Sue Torris - Eagle Care Clinic- Fiscal Year end - delivered over 100 babies - 20% of all
deliveries at WMC. Looking hard for bi-lingual staff. Medical training helpful.
Kathleen Forinash Eagle County Health and Human Services - First planning
meeting for WRAP program Thursday AM from 9 am to 11 - Talking about how to
organize funding. Still trying to find out if have money. Attending welfare reform
meetings.
Joe Forinash - Episcopal Church - Food in Gathering goes to Jerry or take to Lift-Up
in Glenwood Springs. Implementation of lay pastoring program for people going
through crisis. Collaborating with Lutheran Church and Presbyterian Church
Candy Hodgkins Coiorado West Mental Health - new office in Eagle - Really nice on
second and Howard across from Methodist Church. Open house in December. Hired
Spanish Speaking Counselor for DUI and COPES program. Received grant for Tough
Love self-help program for parents.
General Membership Meeting Minutes
1112min.wpd 4
. Reg"iste'r Report
6/6/94 Through 11/14/96 11/17/96 Page 1
E.V. Familv Ctr
Date Num Description Memo Category Clr Amount
BALANCE 6/5/94 0.00
3/4/96 Account Transf... Trnsfr./Cherrie Contribution 5,000.00
Pallor Dues 25.00
Contribution:... 15,000.00
3/4/96 lst Bank of Ea... Check Fees Bank Chrg -52.50
3/14/96 Member fees Resource - 4 Dues c 100.00
3/26/96 EVCommunity... Cleared account Funds EVCC c 544.65
Meet the Wild... Dues c 25.00
3/29/96 Interest Int Inc 23.11
4/30/96 Interest Int Inc 31.71
5/4/96 1001 Colorado Reso... EVFC Board Education -350.00
5/4/96 1002 Holly Tatnali Postage Supplies, Bus -64.00
5/31/96 Interest Int Inc 30.39
6/28/96 Interest Int Inc 27.27
7/2/96 Colorado Trust... Colorado Tru... Grants 7,500.00
7431 /96 inferest Int Inc 41.89
8/15/96 1003 Community Re... EVFC Board Education c -250.00
8/29/96 1004 Holly Tatnall Postage Supplies, Bus -14.60
8/30/96 Interest Int Inc 40.07
9/16/96 1005 James Close M... Memorial Gift Gifts -50.00
9/17/96 SOS(Snowboa... Membership 25.00
9/24/96 1006 Laurie Mactavi... Colorado Trust CO. Trust Exp -361.46
9/24/96 1008 Riverwalk Mov... Focus CO. Trust Exp -750.00
10/8/96 1009 Barb Schierkalk VPI CO. Trust Exp -53.30
10/8/96 1013 Vail Symposium Face to Face Marketing -50.00
10/10/96 1010 Laurie Mactavi... Food CO. Trust Exp -96.07
10/10/96 1011 Charsi Gore Cty.Mkt.Food CO. Trust Exp -85.42
10/10/96 1012 Tsu Wolin-Bro... Copies CO. Trust Exp -15.56
10/10/96 1016 Susie Davis Focus Grp Food CO. Trust Exp -35.82
10/18/96 1014 BJ Cordova Work Reimbu... CO. Trust Exp -42.00
11/12/96 1015 Kim Andree VPI CO. Trust Exp -14.57
11/12/96 1017 Laurie Mactavi... VPI-Food CO. Trust Exp -124.88
11/13/96 BOCES/Unite... Membership 50.00
11/13/96 1018 Cash MAC Media Other Exp -100.00
11/14/96 MAC Media Contribution 2,470.00
11/14/96 1019 MAC Media L... Expenses Meals & Ente... -600.00
TOTAL 6/6/94 - 11/14/96 27,823.91
BALANCE 11/14/96 27,823.91
Register Report .
6/6/94 Through 11/14/96
11/17/96 Page 2
E.V. Family Ctr
Date Num Description Memo Category Clr Amount
TOTAL INFLOWS 30,934.09
TOTAL OUTFLOWS -3,110.18
NET TOTAL 27,823.91
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75 S. Frontage Road
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Vail, CO 81657
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TOWN OF VAIL
COUNCIL CONTINGENCY
Account # 01-0100-52857
1996
Total
Contingency
Funds
Original Budget Amount $50,000
Uses:
TOV-VA Growth Agreement - Total Approved $20,000
Youth Recognfion Award $5,000
Chad Fleischer sponsorship $5,000 01-8300-52831
Legal fees - railroad abandonment $4,194 01-0100-51210
Hot Summer Nights councert - Young Dubliners $500 01-8300-52831
Eagle Sculpture for President & Mrs. Ford $3,500 01-8300-52831
Village Merchants - Turn It Up Vail $3,000 01-8300-52831
C'itizen Participation 12 Day Program {Community Collaboration Follow-u $1,000 01-0100-52101
Allocate for Excellence in Education, Sports, or the Arts $5,000 May roll to '97
Total Amount Used 47,194
Total Amount Left . $2,806
~F
Subtotal
""'fOV-VA Growth Agreement - Total Approved $20,000
Holiday Peak Education approved 11/21/95 $3,500 PD $1,460 @ various times, all in 0600
Survey - Non-skiers with VA $5,000
RRC fees $5,000 PD $2,600 2/15/96, chgd to '95 0100-52954
$13,500 & pd $345 424l96 in 0600
TOV-VA Growth Agreement - remaining $6,500 Moved total to 0600
'*'Youth Recognition Award - Total Approved $5,000
Airfare $2,194 PD 4/4/96, 01-8300-52831
St Moritr Exchange Program $1,200 PD $1,152 5/2/96 01-8300-52831
Mayor's Cup Youth Award -$500%a for
, 2 participants $1,000 PD $542 529/96 01-8300-52831
$4, 394
Youth Recognition Award - remaining $606
COUCON96.WK3
RECEIVED NC'J 1 ~ 8 1996
xc ~
EAGLE RIVER CC?~
~ ~J
WATER 8c SANITATION DISTRICT 4 ~
846 Forest Road • Vail, Colorado 81657
(970) 476-7480 • FAX (970) 476-4089
D a~ , ~do
November 15, 1996
Vail Town Council
Town of Vail
75 South Frontage Road
Vail, CO 81657
Attn: Mr. Bob McLaurin, Town Manager
RE: East Vail Meadoivs 1.0 MG Water Storage Tank
Dear Council Members,
The Eagle River Water and Sanitation District (District) is planning to complete the construction of
the new 1.0 million gallon East Z1ai1 Meadows Water Storage Tank in 1997. Based on our
understanding that the culmination of the land swap being completed between the Town of Vail and
the U.S. Forest Service (USFS) may not be fully complete until mid-1997 we are proceeding to
obtain the required permits from Eagle County and the USFS. To not hamper the progress of this
project from proceeding through construction we are proposing to also complete all of the required
Town of Vaii permits concurrent with the permitting processes required by the County and the
USFS. We are concerned that if in fact the land exchange occurs prior to or during construction of
the tank that the District must then be in compliance with Town permits. The District can not afford
to have a construction delay result after the land transfers ownership to the Town.
We are requesting your concurrence with this approach so that the Town permits can be immediately
issued to the District when the subject property is owned by the Town.
Sincerely,
~ -
Mark Van Nostrand
Project Manager
cc: Dennis Gelvin, General Manager
Tom Huston, Operations Manager
MVN:mvn
erwsd/eng/pmj/evtankhovbm.wpd
WATER, WASTEWATER, OPERATIONS Si MANAGEMENT SERVICES ,
Dec-02-96 03:03P Paula & Dave Edwards 970-225-0737 P_02
DAVID L. EDWAR.DS
fA1 Skysaii Lum Frnt ('ollins, Ckkxmdc? 80535 •97(1-'r2;s 8343
140'? Mo-irx. ikivr.V.d. C.ok>r.uk, H1657 • 97047tr3085
Docembcr 2, 1996
Mag?or Aimaw and Couacl Metnbere
Town of Vail
75 Sotttlt Fretop Rd.
Vail CQ 81657
Re: GRFA and AffordsWe Houdog Umts
]7ear Mayair Armaur and Cowufl Metttbas,
I read with itttemt the Navtmber 28th issoc of The Vaii Trait wltich reported the
Cotiuicil's cvahuMnn of GRFA. John Scha6eld wsa kiad cnouA to fax mc a copy af the
11-27-96 media releasc h*MWft tlse rtetilts of a Coimcil work aession. I appLsW the
Councffs effort to revicw GRFA ae I bcliew it is aa ommple of ahilcd pablic policy.
We experiencod GRFA in 1994 wlnle bulding our fanWa eocand hotno in Thc
Grand Travme. I donY begin to underst$nd it in detml but I lmow wbat it mesns to us. It
means we heai epscee inside ovr housc far which thene is no ftutctiaud or acsthetic
putpoae. It means we underbuii the fimctional spsce ow foundation could have othzvvisc
pravAed without chaning the extcrior. It moms the sffardable ho~ um wc wantod to
provick haa a bedt'oom dtat vages on dysfunction becauee the epace over flte garaga and
anrcr a stauwary+ eould NOT be fulty uaed due to GRFA It means we lmowingty thau&
sbaai ways to more cffectivdy vae ow hotuse in the fuhm in spiDc of snd in vioiaeion of
GRFA.
I bclim aad rt is my exncriencc that GRFA ie NO"I' an eflectivc mol to catnl
mass and bulk, tlwt the Town should NOT rcvicw intcrior space, attd that G1tFA's
cxistcncc want= peopto'a prvductim timc and cmwa.
The footptittt of our housc was r,seqUlly predeLermined by ttc siae of the Iot and
allowsbk wftcice. I bsve nevcr uzdcrstood why we had to saciificc funcuonel space
widhia our foundarian whle hym to da our psrt to pmvidc an affordable houaiqg umt far
the commututy. Yee, wo derm beneft from the eJdstence af that unit but eo too does the
~imity. I believ+c GRFA tcq~tt~s at~e a disincentivc to horncopmere in ous
nqftborhood to budd affondablc houmng unate. Of the 10 homes naw built, cxay tt=
hsw affordaWe houmng umb. GRFA robg homcawnm of functional spacc thst could
othewriee benefit ft connunity.
A$ain, I eornmend the CouncJ for havirg the couragc to cvaluate tbia area, of
public policy. Effectiw leadmhip mmm goring an occasional ox. Frnm a aon-vnting
accond homevyvner . Thanic yau all far your time.
Dave
F.dvy
?(c: C',ec,~
_ Cw~., ,eb 4.
NORTHWEST COLORAggElYED DEC 2 ~
NW,CC COUNCIL OF GOVERNMENTS
Post Office Box 2308 " Silverthorne, Colorado 80498 ` 970 468-0295 " FAX 970 468-1208
November 29, 1996
Bob Armour
Mayor, Town of Vail
75 S. Frontage Rd. West
Vail, CO 81657
Dear Bob:
On December 12th, NWCCOG will be holding its bimonthly board meeting in Avon at the Avon
Branch Library. Since we witl be clase to your home on December 12th, we would like to take
this opportunity to extend a special invitation to you to attend our December 12th meeting. We
encourage you to take this opportunity to participate in a COG meeting.
The full board rneeting starts at 1:00 PM and will end at 4:00 PM. The morning Executive
Committee Meeting is also open to any COG members. That meeting begins at 10:00 AM.
We have enclosed a meeting agenda for your information. We look forward to seeing you on
December 12th in Avon.
Sinc.er,ely.
od ~'=o -.,6'~'y `~.~;,r i . ~ . : v u L..m.` ~ ~ r ~ fL1'~?L'?° ( v vi.~`
y t+°"".. ~:•~s~ ~-r ~..w ~ i~
V `
Sandy Blaha Linda Venturoni
Co-Executive Director Co-Executive Director
enc. Agenda
DK/c:/boazd/decannc
Eagle County: Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, Vail, * Grand County: Fraser, Granby, Grand Lake, Hot Sulphur
Springs, Kremmling, Winter Park, ' Jackson County: Walden, " Pitkin County: Aspen, Snowmass Village, " Rouft County:
Hayden, Oak Creek, Steamboat Springs, Yampa, ' Summit County: Btue River, Breckenridge, Dillon, Frisco, Montezuma,
Silverfhorne
NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
December 12, 1996
Avon Branch Library
200 Benchmark Road
Avon, Colorado 81620
10:00 AM - 4:00 PM
Directions to Avon Branch Library: Turn west off I-70 (Avon Exit) to the stop light at E. Beaver
Creek Blvd. Go straight through the light, pass the statues and just before you start to head down
hill towards the bridge named Bob, take a right at Benchmark Road (less than half a mile from the
freeway). Follow the signs for town hall, pass the hotel on your right and the fire statiort. Your
next right is Avon Public library. If you get to town hall you've gone too far, stop and park, walk back one building to the library.
AGENDA EXECUTIVE COMMITTEE MEETING 10:00 AM - 12:00 Noon .
10:00 AM * 1. Approval of Minutes
* 2. Approval of List of Bills
3. Discussion on Policy Regasding Multi-3urisdictional Work/
responding to member's requests for technical assistance
(Weatherization, RRR) ............................................Gary Lindstrom
4. Executive Director's Report
• Weatherization - service district & January application
* • Staffing Pattern - Fiscal Office
• Fiscal Office Contract
• Review, Strategy And Criteria For
Community Development Applications
• 1997 Raise Aroposal
• January New Board Member Training & Program
• Retreat Follow Up - priorities/process for 1997
12:00 NOON 5. Other/Adjourn/Lunch
(Please bring $10.00 or we can bill your town or county)
FULL BOARD MEETING i:oo PM to 4:00 PM
1:00 PM 1. Roll Call
2. Approval of Minutes
3. Executive Committee Report
4. Public Comments
5. Host Community Updates: Avon, Basalt, Eagle, Eagle County,Gypsum,
Minturn,Red Cliff, Vail
1:30 PM * 6. Budget Revisions -
* 7. 1997 Budget Approval
* 8. Community Development 1997 Applications
2:30 PM 9. Housing Land Trust Panel Discussion
JeffYegian, Thistle Community Housing, Boulder
Denise Case, Institute for Community Economics
John Pollock - Division of Housing
Clarke Becker - Teller County EDC
4:00 PM 9. Other/Adjourn
. x c: C0~
~4 AL
0 November 27, 1996 NL~? THB TIMBS
6 l~.,6 :
Q
lilliD I - -
Vail Tomorrow succeeding at elusive 'public input,
P lurality. A majority of a new effort to That slip of shared vision is the second homeowner also is a
minority. That's how we've stay in closer perhaps a sliver of commonality, part of the process. The process
been operating our systems of contact witn From Where yet it is the most necessary itself is important, for it is reaching
government. the voters I Slr component of good government out.
There's a core of people who and more and also of a good community. It
participate in government and its important, " actually is a sophisticated process OF COURSE, it isn't
ofttimes arcane workings, and an non-voters, involving part polling, politics and inexpensive to do this. The bills to R
even larger group who do not. Ever who ~ statistics. It is in a very real sense, a date total some $200,000. The
attend a planning and zoning probably 4 sophisticated approach to defining Town of `lail has hired a consulting
meedng or a council or outnumber just what the shared vision of Uail group to make sense out of the
commissioner meering? Probably voters. It is a is - and is not. mass of opinion, and to facilitate
not. Very few do. It's tedious, but bold and It differs from elections in that the meeangs. And to be successful,
it's how government operates. If pragmatic ~ it is more than a snapshot of public it will be like a Mobius strip -
you don't participate, you're, as approach to opinion about a given person. The without end. Putting it in writing
they say, outside the loop. governing. process is more comprehensive and will be the tough part.
( More important, government It's called Clff 7'h.OTriPSOri thorough than that, and like any Though I tend to be a skepric
hears only from a minority o€ its (I've never process, it needs to be flexible when it comes to things
citizens. When that happens, both really liked the name) Vail enough to change with the populaz governmental, I like the process I'm
g o v e rn m e n t and c i tiz e n s c an 90 T o m onow O f course, everyone w i ll. witnessing and participating in,
their separate ways without even has an opinion. What I am because it is taking government a
realizing it, and the disconnection beginning to Iike is the concept of GETTING PEOPLE to attend step further than it usually goes,
grows with time. actively seeking opinions of the has taken a true grassroots effort. and injecting some extra energy
Is there a better way? Quite people paying the bills. Volunteers call friends who call into the governing process by
possibly. Fallout from the This new process appears other friends. Invitations are actively soliciting the opinions of
revolution of 1995 in Vail, where deceptively simple. It is attempting mailed and lunch is served. And its citizens. That's new
the existing eouncil's status quo to find common ground in the people are attending. With Vail's 72 That maybe is what is needed
proved no longer acceptable, was a wide-ranging opinions of residents, percent non-resident ownership, most of all.
- ,