Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Glen Lyon 1989
MEMORANDUMഀ TO: Glen Lyon Property Ownersഀ FROM: Andrew D. Norrisഀ Gregory M. Amsdenഀ SUBJECT: Amendment to Protective Covenantsഀ DATE: October 5, 1989ഀ The Glen Lyon Subdivision was approved by the Town of Vail in 1978. At thatഀ time, the Town's means of controlling building area on lots was quite loose. Because Glenഀ Lyon contained a significant number of larger lots, the opportunity for "overbuilding" wasഀ considered a problem by the developer, Andy Norris. Accordingly, a restriction as to theഀ maximum and minimum size of a dwelling was included as Paragraph 17 of the Protectiveഀ Covenants. A copy of that paragraph is attached. The Town of Vail was givenഀ responsibility for enforcing the Covenants.ഀ Since the subdivision approval, two important events have occurred: (1) Town hasഀ tightened up its density controls which now include such features as restriction on densityഀ transfer in hazard zones, etc., and (2) the definition of Gross Residential Floor Areaഀ ("GRFA") has become much more restrictive. Accordingly, the property owners of Glenഀ Lyon with lots greater than one-half acre are at a disadvantage with other subdivisions inഀ Vail.ഀ By eliminating the covenant in Paragraph 17, building area will be controlled by theഀ Town of Vail density formula which is 25% for the first 15,000 square feet; 10% for theഀ next 10,000 square feet, and 5% of the area thereafter. Attached is a schedule detailingഀ how the elimination of the covenant will affect each lot.ഀ Peter Patton, Director of Community Development for the Town of Vail, supportsഀ this amendment.ഀ If you are in favor of amending the Protective Covenants, please execute theഀ enclosed document. It must be completed in accordance with ownerships as recorded at theഀ County. It must also be notarized as it will be recorded. Please return the completedഀ document in the addressed envelope. Should you have any questions, please call either:ഀ Greg Amsden at 303-476-7990ഀ orഀ Andy Norris at 303-476-6602ഀ Enclosureഀ 17. DWELLING UNITSഀ No dwelling containing either one or two living units shall beഀ permitted or created on any site with gross residential floor area (GRFA)ഀ (as that term is defined in the Town of Vail Zoning Ordinance) exclusiveഀ of open porches, patios, terraces, carport and garage of less than 1,500ഀ square feet nor greater than 4,200 square feet.ഀ AMENDMENT TOഀ PROTECTIVE COVENANTSഀ OFഀ GLEN LYON SUBDIVISIONഀ This Amendment to Protective Covenants of Glen Lyon Subdivision isഀ executed as of this day of , 1989, by the undersigned as the owners ofഀ at least 75% of the surface area of the privately-owned land included within the boundariesഀ of Glen Lyon ("Glen Lyon Subdivision) as set forth on the Amended Plat for Glen Lyonഀ Subdivision recorded July 18, 1978 in Book 272 at Page 370 in the records of Eagleഀ County, Colorado.ഀ RECITALSഀ By Protective Covenants of Glen Lyon Subdivision ("Covenants") recordedഀ April 4, 1978 in Book 268 at Page 698, of the records of Eagle County, Colorado, Ownerഀ (as that term is defined in the Covenants) imposed certain restrictions on certain realഀ property located in Eagle County, Colorado known as Glen Lyon Subdivision. Pursuantഀ to Paragraph 18 of the Covenants, the Covenants may be amended by the written consentഀ of 75% of the owners of the surface area of Glen Lyon Subdivision. The undersignedഀ represent at least 75% of such surface area and desire to amend the Covenants as set forthഀ below.ഀ AMENDMENTഀ For good and valuable consideration the owners hereby amend theഀ Declaration as follows:ഀ Paragraph 17 is hereby deleted in its entirety.ഀ 2. This Amendment to Covenants may be executed in severalഀ counterparts which when taken together shall constitute a single instrument and thisഀ Amendment shall become effective upon the recordation in the records of Eagle County,ഀ Colorado of counterparts executed by the owners of at least 75% of the surface area ofഀ Glen Lyon Subdivision.ഀ Executed as of the date first above written.ഀ LOT OWNER:ഀ STATE OF )ഀ ss.ഀ COUNTY OF. )ഀ The foregoing Amendment to Protective Covenants to Glen Lyonഀ Subdivision was acknowledged before me this day of , 1989, byഀ Owner (s) of the Lot in Glen Lyon Subdivision indicated above.ഀ Witness my hand and official seal.ഀ My commission expires:ഀ LOTഀ as theഀ STATE OF )ഀ ss.ഀ COUNTY OF )ഀ The foregoing Amendment to Protective Covenants to Glen Lyonഀ Subdivision was acknowledged before me this day of , 1989, byഀ Owner (s) of the Lot in Glen Lyon Subdivision indicated above.ഀ Witness my hand and official seal.ഀ My commission expires:ഀ Notary Publicഀ OWNER:ഀ 2ഀ as theഀ Notary Publicഀ Planning and Environmental Commissionഀ August 28, 1989ഀ 12:15 Site visitsഀ 1:00 Vail Village Master Plan public meetingഀ 3:00 Public meetingഀ 1.ഀ A request for a side setback variance toഀ construct an addition on Lots 33 and 37, Vailഀ Village West First Filing.ഀ Applicant: Ellen C. Guryഀ cancelled 2.ഀ A request for side setback variances and a streamഀ setback variance to construct an addition and aഀ new roof to a residence on Lot 18, Bighornഀ Subdivision.ഀ Applicant: James & Helen Greenഀ Tabled to 3.ഀ A request to amend the development plan forഀ Sept. 11thഀ the Talon at 1881 Lionsridge Loop, Lot 1, Blockഀ 3, Lionsridge #3, and Lot 27, Block 2, Lionsridgeഀ Subdivision #3.ഀ Applicant: Parkwood Realty Companyഀ 4.ഀ Notification of staff approval of minorഀ amendments to Special Development District No. 4,ഀ Glen Lyon Property, Area D.ഀ 5.ഀ Work session on air quality.ഀ TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: August 28, 1989ഀ SUBJECT: Staff approval of a minor amendment to the Specialഀ Development District for Cascade Village No. 4, Area D, Glenഀ Lyon office property.ഀ Applicant: Glen Lyon Office Building, A Colorado Partnershipഀ The purpose of this memo is to inform the Planning Commission of theഀ minor amendment approval which is required by the SDD Ordinance.ഀ Andy Norris, representing the applicant, has requested to add 400ഀ square feet of office space to the existing Glen Lyon Office Building.ഀ The space is located on the south side of the building. The additionalഀ office space will require 1.6 parking spaces. This results in aഀ parking requirement for scenario 1 of 103 parking spaces, and scenarioഀ 2 of 110 parking spaces.ഀ The staff considers this request to be a minor amendment as it does notഀ change the basic intent and character of the approved Specialഀ Development District and the request is also consistent with the designഀ criteria for an SDD. The minor amendment is considered to be a changeഀ to gross floor area of not more than 5% of the approved office squareഀ footage for the Glen Lyon Office Building. For these reasons, staffഀ has recommended approval of the minor amendment.ഀ ADJACENT PROPERTY OWNERSഀ 1. Lot 39, Glen Lyon Subdivisionഀ Andrew D. Norrisഀ 1000 South Frontage Road Westഀ Vail, CO 81657ഀ 2. Tract Kഀ Town of Vailഀ 3. Voliter Nursery Siteഀ Vail Commercial Partnershipഀ 245 Bridge Streetഀ Vail, CO 81657ഀ 4. Chevron Stationഀ 934 South Frontage Road Westഀ Vail, CO 81657ഀ 5. Colorado Division of Highwayഀ Box 2107ഀ Grand Junction, CO 81502ഀ 6. United States Forest Serviceഀ Box 190ഀ Minturn, CO 81645ഀ 7. Holy Cross Electric Associationഀ P.O. Drawer 2150ഀ Glenwood Springs, CO 81602ഀ 8. Vail Professional Buildingഀ 953 South Frontage Road Westഀ Vail, CO 81657ഀ PUBLIC NOTICE TO ADJACENT PROPERTIESഀ The purpose of this notification is to make you aware of a Communityഀ Development Department staff approval of a minor amendment to theഀ Special Development District for Cascade Village, Glen Lyon Officeഀ property. The staff approved an increase in office square footage forഀ the Glen Lyon office building of 400 square feet. This staff approvalഀ was made on August 11, 1989. The Planning and Environmental Commissionഀ of the Town of Vail will be informed of the staff's decision at theirഀ August 28, 1989 meeting. The Planning and Environmental Commissionഀ meetings are held in the Town Council Chambers at 75 South Frontageഀ Road, Vail, Colorado. The meetings normally begin at 3:00 p.m.ഀ Appeals of staff's decisions may be filed by adjacent property owners,ഀ owners of property within the Special Development District, theഀ applicant, Planning and Environmental Commission members, or members ofഀ the Town Council, as outlined in Section 18.66.030 A of the Town ofഀ Vail Municipal Code.ഀ If you have any further questions about this staff approval, pleaseഀ contact Kristan Pritz, Senior Planner, at the Town of Vail Communityഀ Development Department, 479-2138.ഀ g}zഀ ~y,ഀ EASEMENT DEEDഀ WPMഀ Eഀ KNOW ALL MEN BY THESE PRESENTS:ഀ THAT GLEN LYON OFFICE BUILDING, a Colorado partner hip (hereinafഀ to as "Grantor"), for TEN DOLLARS 0 . er referredഀ the receipt of which is hereby acknowledged, hereby0sellsn and lcon eys nand dwarrintsഀ the title to the same, subject to all instruments of record unto the UPPER EAGLEഀ VALLEY CONSOLIDATED SANITATION DISTRICT, and VAIL VALLEY CO, R EAGLEഀ quasi-municipal corporations of the State of Colorado, whoseilega1 addresslSisl846ഀ Forest Road, Vail, Colorado, 81657, (hereinafter referred to as "Grantee"ഀ following real property situate in the County of Eagle, State of Colorado, to i,t:theഀ A permanent easement, together with the right of ingress andഀ egress, to construct, reconstruct, operate, repair andഀ maintain a general utility line easement and relatedഀ appurtenances, in, on, over, under and through that tract ofഀ land more particularly described in "EXHIBIT A", whichഀ exhibit is attached hereto and incorporated herein by thisഀ reference.ഀ Grantor, its heirs, successors, transferees, and assigns, shall not erectഀ nor place any permanent building, structure, improvement, fence or tree on theഀ above-described easement, and Grantee shall not be liable for their removal if theyഀ are so placed.ഀ It is specifically agreed between the parties that the Grantor shall take noഀ action that would impair the earth cover over or the lateral or subjacent support forഀ any line and appurtenances within the easement, proved hweer, obtaining the specific written permission of the Grantee,ldthe, eaothvcover over u anyഀ line may be modified, but normally permission will not be granted for a modificationഀ involving a cover of less than four feet nor greater than ten feet measuredഀ vertically from the top of any line and any modification undertaken by the Grantorഀ would be upon terms that would provide for reimbursement to the grantee of the costഀ of any alterations to any facility made necessary by the change.ഀ Acceptance of this Easement by Grantee shall constitute its agreement andഀ consent as follows:ഀ 1. At such time and in the event that the easement described herein shallഀ be abandoned, Grantee's real property interest in the easement shall immediatelyഀ revert to and be thereafter merged with the servient estate.ഀ 2. The facilities installed in the above-described easement shall beഀ installed, maintained, and operated so as to permit maximum use and enjoyment of theഀ surface by Grantor, its heirs, successors, transferees, and assigns. In the event itഀ is necessary to repair or replace the facilities, Grantee shall restore the surfaceഀ of the land as nearly as may be practicable to the same condition it was prior toഀ CONTINUED ON PAGE 2ഀ such repair or replacement, provided no permanent building, structure, improvement,ഀ fence or tree shall be placed thereon by Grantor.ഀ SIGNED AND DELIVERED this day of MAY 1989.ഀ GRANTOR:ഀ / GLEN LYON OFFICE BUILDING, A 0 ORA .C:ഀ By: Norris Realty Ccrnpany, A~oraWഀ General Partnerഀ By:ഀ 7 _ഀ Presidentഀ STATE OF COLORADO)ഀ COUNTY OF EAGLEഀ ss.ഀ The foregoing EASEMENT DEED was acknowledged before me this 26 day ofഀ MAY 1939 by ANDREW D. NORRIS PRESIDFNT NORRIS REALTY CaTANY yഀ A General partner of GLEN LYON OFFICE BUILDING, a Colorado Partnership.ഀ Witness my hand and official seal.ഀ My commission expires: -6 6ഀ 11ഀ (SEAL)ഀ Notary Publicഀ ACCEPTED BY THE UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT AND THE VAILഀ VALLEY CONSOLIDATED WATER DISTRICT THIS 2(~''DAY OF _L_ 1939.ഀ UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICTഀ VAIL VALLEY CONSOLIDATED WATER DISTRICTഀ By:L i tom-. -6,ഀ Upper F.a;le Valley Codsolidatedഀ Sanitation Districtഀ . By:ഀ Vail Valley Consolidate~3 Dater Districtഀ STATE OF COLORADO )ഀ ss.ഀ COUNTY OF EAGLE )ഀ The fore,,ing`was acknowledged before me this 2(,-day of A( 1989,ഀ by _Ll~t i --y,ഀ of UPPER EAGLE VALLEY CO;;SOLI'D~\TED S\NITATION DISTRICTaഀ WATER DISTRICT. ANDVAIL VALY p~ SOLIDATED~ഀ Witness my hand and official seal.ഀ fy commission expires: jI9 2ഀ (S F: A L)ഀ Notary Publicഀ 1ഀ \ 1 iഀ Qs %ഀ 'v S3 N4Soc? v~ 9 95ഀ ate, 5~.ഀ 0 28.83' /00,ഀ N71025'19"W >1ഀ 15.83 S 420 44 13"W 59.69'ഀ S79o15'02'W 40.8'ഀ S 710 25' 19" E 40.7Yഀ aഀ LOT 54ഀ )i>.ഀ y zഀ NEW UTILITY EASEMENTഀ AREA: 2658 SQ. FT. or <~oഀ 0.0610 AC. \ഀ \ഀ \ഀ ~ oഀ EXISTING UTILITY EASEMENT \ഀ \ iഀ \ഀ LEGAL DESCRIPTIONഀ That part of Lot 54, Amended Plat Glen Lyon Subdivision, according to the mapഀ thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder,ഀ described as follows:ഀ Beginning at the northwesterly corner of said Lot 54, said point also being an angleഀ point in the southerly right-of-way line of Interstate Highway No. 70; thence,ഀ along the northerly line of said Lot 54, N73°32'13"W 28.83 feet; thence, departingഀ said northerly line, S42°44'13"W 59.69 feet; thence S15°15'47"E 53.00 feet; thenceഀ S71°25'19"E 40.77 feet to the southerly line of said Lot 54; thence, along saidഀ southerly line, S79°15'02"W 40.83 feet; thence, departing said southerly line,ഀ N71°25'19"W 15.83 feet; N15°15'47"W 72.11 feet to the northwesterly line of said Lotഀ 54; thence, along said northwesterly line, N46°19'45"E 47.51 feet to the point ofഀ beginning.ഀ Y .ഀ VACATION OF EASEMENTഀ KNOW ALL `iFN BY THESE PRESENTS:ഀ THAT the UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT, aഀ quasi-municipal corporation of the State of Colorado, formed on January 1, 1985 byഀ the consolidation of VAIL WATER AND SANITATION DISTRICT AND UPPER EAGLE VALLEYഀ SANITATION DISTRICT, whose legal address is 846 Forest Road, Vail, Colorado 81657,ഀ hereby vacates and abandons to the present owners of Lot 54, Amended Plat, Glen Lyonഀ Subdivision, Town of Vail, County of Eagle, Colorado, a general utility easementഀ described as follows, to-wit:ഀ The 20' wide general utility easement on Lot 54, Amended Platഀ Glen Lyon Subdivision, according to the map thereof recordedഀ in the office of the Eagle County, Colorado, Clerk andഀ Recorder, described in Attachment A, attached hereto andഀ incorporated herein by this reference.ഀ SIGNED AND DELIVERED thisഀ `Corday of 1989.ഀ UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICTഀ By:ഀ 11illiam B. Geor ,ഀ General Managerഀ STATE OF COLORADO )ഀ ssഀ COUNTY OF EAGLE )ഀ he Eoregoing instrument was acknowledged before me this dayഀ of Cha 1939, by William B. George, as the General Manager of the Upperഀ Eagle Valley Consolidated Sanitation District.ഀ WITNESS my hand and official seal.ഀ Notary Publicഀ My commission expires: `1 ---2,ഀ LEGAL DESCRIPTIONഀ All of the twenty foot wide utility easement on Lot 54, Amended Plat Glen Lyonഀ Subdivision, according to the map thereof recorded in the office of the Eagleഀ County, Colorado, Clerk and Recorder, with the exception of the following describedഀ portion of said twenty foot wide easement:ഀ Beginning at the northeasterly corner of said Lot 54; thence, along the easterlyഀ line of said Lot 54, S01°42'06"W 21.05 feet; thence, departing said easterly line,ഀ S73°32'13"W 183.44 feet; thence N16°27'47"W 20.00 feet to the northerly line of saidഀ Lot 54; thence, along said northerly line, N73°32'13"E 190.00 feet to the point ofഀ beginning.ഀ Eഀ VACATION AND ABANDONMENT OF EASENIENTഀ ,(C-ഀ This vacation and abandonment of a utility easement is made this dayഀ by. ~SG71ഀ (the "Easement User") and the Glen Lyon Office Building, a Colorado partnership (theഀ "Owner").ഀ WHEREAS, a certain easement on the recorded plat of the Glen Lyon subdivisionഀ (Amended), more fully described oil Exhibit "A" attached hereto and incorporated herein byഀ reference (the "Easement"), is currently encumbering a certain parcel of real estate (theഀ "Property") more fully described as follows:ഀ Lot 54, Amended Plat, Glen Lyon Subdivisionഀ Town of Vail, County of Eagle, Colorado, andഀ WHEREAS, the easement allows the Easement User the use the►-eof for theഀ construction, maintenance, and reconstruction of transmission or distribution or systems toഀ provide services by the utility andഀ WHEREAS, the Easement is not presently used for such construction,ഀ nlaaintenaiice, and reconstruction of actual services and systems, andഀ WHEREAS, neither the Owner nor the Easement User realize any beneficial use inഀ allowing the easement to remain;ഀ NOW, THEREFORE, IN CONSIDERATION OF TEN DOLLARS, the mutualഀ covenants and promises contained herein and other good and valuable consideration theഀ receipt and sufficiency of which is hereby acknowledged by the parties hereto, theഀ Easement User and the Owner covenant and agree as follows:ഀ The Easement User, on behalf of itself, its successors and assigns, by thisഀ instrument hereby forever abandons, vacates, releases and terminates the casement andഀ hereby conveys all the right, title, interest in and to the easement to the Owner.ഀ 2. The Owner hereby accepts and ratifies the vacation, abandonment, release,ഀ termination and grant of the easement.ഀ 3. This vacation shall be binding upon and inure to the benefit of the Easementഀ User and of the Owner and their respective successors and assigns.ഀ EXECUTED ON THE DATE AND YEAR FIRST ABOVE WRIT-I EN.ഀ (Company Naive)ഀ (Authorized Signature)ഀ 0. B.ഀ -ഀ LEGAL DESCRIPTIONഀ All of the twenty foot wide utility easement on Lot 54, Amended Flat Glen Lyonഀ Subdivision, according to the map thereof recorded in the office of the Eagleഀ County, Colorado, Clerk and Recorder, with the exception of the following describedഀ portion of said twenty foot wide easement:ഀ Beginning at the northeasterly corner of said Lot 541 thence, along the easterlyഀ line of said Lot 54, S01°42'06"W 21.05 feet] thence, departing said easterly line,ഀ S73°32'13"W 183.44 feed thence N16°27'47"W 20.00 feet to the northerly line of saidഀ Lot 54; thence, along said northerly line, 1173°32'13"E 190.00 feet to the point ofഀ beginning.ഀ -596-ഀ Jഀ VACATION AND ABANDONMENT OF EASEMENTഀ This vacation and abandonment of a utility easement is made this day ofഀ ~M,4Y ~Cby '-/~'r rTctc ~r-.13 LrvISiv v-ഀ (the "Easement User") and the Glen Lyon Office Building, a Colorado partnership (theഀ "Owner").ഀ WHEREAS, a certain easement on the recorded plat of the Glen Lyon subdivisionഀ (Amended), more fully described on Exhibit "A" attached hereto and incorporated herein byഀ reference (the "Easement"), is currently encumbering a certain parcel of real estate (theഀ "Property") more fully described as follows:ഀ Lot 54, Amended Plat, Glen Lyon Subdivisionഀ Town of Vail, County of Eagle, Colorado, andഀ WHEREAS, the easement allows the Easement User the use thereof for theഀ construction, maintenance, and reconstruction of transmission or distribution or systems toഀ provide services by the utility andഀ WHEREAS, the Easement is not presently used for such construction,ഀ maintenance, and reconstruction of actual services and systems, andഀ WHEREAS, neither the Owner nor the Easement User realize any beneficial use inഀ allowing the easement to remain;ഀ NOW, THEREFORE, IN CONSIDERATION OF TEN DOLLARS, the mutualഀ covenants and promises contained herein and other good and valuable consideration theഀ receipt and sufficiency of which is hereby acknowledged by the parties hereto, theഀ Easement User and the Owner covenant and agree as follows:ഀ 1. The Easement User, on behalf of itself, its successors and assigns, by thisഀ instrument hereby forever abandons, vacates, releases and terminates the easement andഀ hereby conveys all the right, title, interest in and to the easement to the Owner.ഀ 2. The Owner hereby accepts and ratifies the vacation, abandonment, release,ഀ termination and grant of the easement.ഀ 3. This vacation shall be binding upon and inure to the benefit of the Easementഀ User and of the Owner and their respective successors and assigns.ഀ EXECUTED ON THE DATE AND YEAR FIRST ABOVE WRIZ"1EN.ഀ Nഀ L0)LDഀ ;1(>vഀ Zഀ By:ഀ (Aut ho tze Signature)ഀ yഀ STATE OF COLORADO )ഀ SS.ഀ COUNTY OF EAGLE )ഀ Kഀ The foregoing instrument was acknowledged before me this 1 st day ofഀ MAY RA by --sTFVF HIATT AS CHFTF IECHNIL ANotഀ FOR HERITAGE CABLEVISIONഀ a Coloradoഀ corporation.ഀ Witness my hand and official seal.ഀ My commission expires: 12/20/91ഀ STATE OF COLORADO )ഀ COUNTY OF EAGLE )ഀ Notary Publicഀ 953 S. Frontage Rd. W. No. 100ഀ Addressഀ Vail, CO 81657ഀ The foregoing instrument was acknowledged before me this day ofഀ , 19 , byഀ President of Norris Realty Co., a Colorado corporation, a general partner of Glen Lyonഀ Office Building, a Colorado partnership.ഀ Witness by hand and official seal.ഀ My commission expires:ഀ Notary Publicഀ Irഀ Addressഀ JUN 3 '39 13:33 FRuf^ WESTERN GAS DENVER PAGE.302ഀ VACAM)N AND ABANDONMENT OF EASEMENTഀ This vacation and abandonment of a utility easement is made this _ 12th day ofഀ *1ay , 1989 , by Western Gas Sunyl y Cnn any ,ഀ (the "Easement User") and the Glen Lyon Office. Building, a Colorado partnership (theഀ "Owner")ഀ «HEREAS, a certain easement on the recorded plat of the Glen Lyon subdivisionഀ (Amended), more fully described on Exhibit "A" attached hereto and incorporated herein byഀ rcfereacc (the "Easement"), is currently encumbering a certain parcel of real estate (theഀ "Property") more fully described as follows:ഀ Lot 54, Amended Flat, Glen Lyon Subdivisionഀ Town of Vail, County of Eagle, Colorado, andഀ YaMREAS, the easement allows the Easement User the use thereof for theഀ construction, maintenance, and reconstruction of transmission or distribution or systems toഀ provide services by the utility andഀ WHEREAS, the Easement is not presently used for such construction,ഀ maintenance, and reconstruction of actual services and systems, andഀ WHEREAS, neither the Owner nor the Easement User realize any beneficial use inഀ allowing tnc easement to remam;ഀ NOW, THEREFORE, IN CONSIDERATION OF TEN DOLLARS, the mutualഀ covenants and promises contained herein and other good and valuable consideration theഀ receipt and sufficiency of which is hereby acknowledged by the parties hereto, theഀ Easement User and the Owner covenant and agree. as follows:ഀ 1. The Easement User, on behalf of itself, its successors and assigns, by thisഀ instrument hereby forever abandons, vacates, releases and terminates the easement andഀ hereby conveys all the right, title, interest in and to the easement to the Owner.ഀ 2. The Owner hereby accepts and ratifies the vacation, abandonment, release,ഀ termination and --rant of the easement.ഀ 3. This vacation shall be binding upon and inure to the benefit of the Easementഀ User and of the Owner and their respective successors and assigns.ഀ EXECUTED ON THE DATE AND YEAR FIRST ABOVE WRITTEN.ഀ WEg ~ G s SUPP Y CO?i1 ANYഀ TTEST: r _ (Company Name)ഀ '=~tichae .r7. cFadden L. T.- Le burg,' tt ~ntഀ Assistar5t Secretaryഀ APPROVE oഀ FOR E` CUTIONഀ K.S&Aഀ BYഀ wt:t n 1 tkN GHS DEIJUER PHGE . 033ഀ STATE OF COLORADO ~ഀ COUNTY OF EAGLE )ഀ 55.ഀ The foregoing instrument was acknowledged before me this day ofഀ by - ofഀ a Coloradoഀ corporation.ഀ Witness my hand and official seal.ഀ My commission expires:ഀ Notary Publicഀ Addressഀ STATE OF COLORADO )ഀ COU~fiY OF EAGLE )ഀ The foregoing instrum= was acknowledged before me this day ofഀ 19 , by ,ഀ President of Norris Realty Co., a Colorado corporation, a general partner of Glen Lyonഀ Office Building, a Colorado partnership.ഀ Witness by hand and official seal.ഀ My commission expires: _ഀ Notary Publicഀ Addressഀ ഀ J'-q4 2 $89 10:34 FRO JESTERN GAS DENVER PAGE.004ഀ Intlഀ d/ഀ '0. s.ഀ LEGAL DESCRIPTIONഀ All of the twenty foot wide utility easement on Lot 54, Amended Plat Glen Lyonഀ subdivision, according to the map thereof recorded in the office of the Eagleഀ County, Colorado, Clerk and Recorder, with the exception of the following describedഀ portion of said twenty foot wide easement:ഀ Beginning at the northeasterly corner of said Lot 54; thence, along the easterlyഀ line of said Lot 54, S01°42'06"W 21.05 feet; thence, departing said easterly line,ഀ S73°32'13"W 183.44 feet; thence N16°27147"W 20.00 feet to the northerly line of saidഀ Lot 54; thence, along said northerly line, N73°32'13"E 190.00 feet to the point ofഀ beginning.ഀ -596--ഀ EXHIBIT "A"ഀ 1,ഀ 5.04' NEW UTIUrY EASEMENT Bഀ S /3 6O/9,ഀ s '0 ' Is" 41ഀ Rp FO.B.ഀ I.,> 3 24.0 6'ഀ P.O, B.ഀ S 16° 27'47 E 28.81ഀ r NEW UTI L l T Y EASEMENT Aഀ EXISTING UTILITY 33.00ഀ EASEMENTഀ !1,ഀ %ഀ LOT 54 11Pഀ rr~C e.5ഀ ഀ `rlഀ 0ഀ aഀ .Yco/e: / _ /UUഀ \ഀ \ഀ EXISTING UTILITY EASEMENT \ഀ \,C\y\;ഀ Vഀ Those portions of Lot 54, Amended Glen Lyon Subdivision,ഀ according to the map thereof recorded in the office of the Eagleഀ County, Colorado, Clerk and Recorder, described as follows:ഀ Easement Aഀ Beginning at the northwesterly corner of said Lot 54, said pointഀ also being an angle point on the southerly right-of-way line ofഀ Interstate Highway No. 70; thence along the northerly line ofഀ said Lot 54, N 73°32'13" E 502.57 feet; thence, departing saidഀ northerly line, S 16°27'47" E 4.00 feet; thence S 73°32'13" Nഀ 270.95 feet; thence S 16°27'47" E 7.00 feet; thence S 73°32'13"ഀ W 74.16 feet; thence S 16°27'47" E 7.50 feet; thence S 73°32'13"ഀ W 33.00 feet; thence N 16°27'47" W 7.50 feet; thence S 73°32'13"ഀ W 145.85 feet to the westerly line of said Lot 54; thence alongഀ said westerly line, N 46°19'45" E 24.06 feet to the point ofഀ beginning, together with:ഀ Easement Bഀ Commencing at said northwesterly corner of Lot 54; thence alongഀ said westerly line of Lot 54, S 46°19'45" W 58.79 feet to theഀ point of beginning; thence departing said westerly line, Sഀ 16°27'47" E 28.81 feet; thence S 58°40'35" W 119.81 feet to saidഀ westerly line of Lot 54; thence along said westerly line Nഀ 46°19'45" E 130.21 feet to the point of beginning,ഀ Y _r°~_ഀ Aftഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ RIGHT-OF-WAY EASEMENTഀ KNOW ALL MEN BY THESE PRESENTS, that the undersigned,ഀ GLEN LYON OFFICE BUILDING, A COLORADO PARTNERSHIPഀ (hereinafter called "Grantor"), for a good andഀ valuable consideration, the receipt whereof isഀ hereby acknowledged, does hereby grant unto HOLY CROSSഀ ELECTRIC ASSOCIATION, INC., a cooperative corporationഀ whose post office address is P.O. Drawer 2150, Glenwood Springs,ഀ Colorado (hereinafter called "Grantee") and to its successors andഀ assigns, the right of ingress and egress across lands of Grantor, `ഀ situate in the County of Eagle, State of Colorado, described asഀ follows:ഀ Those portions of Lot 54, Amended Glen Lyon Subdivision,ഀ according to the plat recorded in book 230 at page 899 in theഀ office of the Eagle County Clerk and Recorder, Eagle, Colorado.ഀ And, to construct, reconstruct, enlarge, operate, maintain and removeഀ an electric transmission or distribution line or system, within theഀ above mentioned lands, upon an easement described as follows:ഀ An easement, the location for which is shown on Exhibit "A",ഀ attached hereto and made a part hereof by reference.ഀ The rights herein granted specifically allow Grantee to installഀ additional poles, down guys with anchors, overhead conductors and/orഀ related facilities within the easement described by the attachedഀ exhibit. Additional down guys with anchors may also be installedഀ outside the easement.ഀ And, in addition, Grantor hereby grants to Grantee, and to itsഀ successors and assigns, the right to clear all trees and brush, byഀ machine work or otherwise, within said easement, and.the further rightഀ to cut trees, even though outside of said easement, which are tallഀ enough to strike the wires in falling.ഀ Grantor agrees that all poles, wire and other facilities installed byഀ Grantee on the above described lands, shall remain the property ofഀ Grantee, and shall be removable at the option of Grantee.ഀ Grantor covenants that it is the owner of the above described lands andഀ that the said lands are free and clear of encumbrances and liens ofഀ whatsoever character, except those held by the following:ഀ TO HAVE AND TO HOLD, said right-of-way and easement, together with allഀ and singular, the rights and privileges appertaining thereto, untoഀ Grantee, its successors and assigns, forever.ഀ IN WITNESS WHEREOF, G antor has aused these presents to be dulyഀ executed on this day of~-, 1989.ഀ GLEN LYON OFFICE BUILDING,ഀ A COLORADO PF~IPഀ BY: NORRIS COMPANY,ഀ A MANAG G GENERAL PARTNERഀ 1ഀ By:ഀ Title:ഀ The foregoing instrument was acknowledged befo e me this 1 day ofഀ 1989 by asഀ of NORRIS COMPANY, A MANAGINGഀ GENERAL PARTNER OF GLEN LYON OFFICE BUILDING, q1COLORADO PARTNERSHIP.ഀ STATE OF/g" l ~G )ഀ )ss.ഀ COUNTY OF )ഀ WITNESS my hand and official seal. ~L~ഀ My commission expires: Not y Publicഀ Address: ~ഀ (Job#89-12148:51-59:Vail Ale Brewery 30 Relocation--.J-B5-1-89)ഀ iഀ 0ഀ VACATION AND ABANDONMENT OF CASEMENTഀ This vacation and abandonment of a utility easement is made this day ofഀ 1Y7X Y by`NE 41z, c rrs -FgL ~7-7',CL,ഀ (the "Easement User") and the Glen Lyon Office Building, a Colorado partnership (theഀ "Owner").ഀ WHEREAS, a certain easement on the recorded plat of the Glen Lyon subdivisionഀ (Amended), more fully described on Exhibit "A" attached hereto and incorporated herein byഀ reference (the "Easement"), is currently encumbering a certain parcel of real estate (theഀ "Property") more fully described as follows:ഀ Lot 54, Amended Plat, Glen Lyon Subdivisionഀ Town of Vail, County of Eagle, Colorado, andഀ WHEREAS, the easement allows the Easement User the use thereof for theഀ constriction, maintenance, and reconstruction of transmission or distribution or systems toഀ provide services by the utility andഀ WHEREAS, the Easement is not presently used for such construction,ഀ maintenance, and reconstruction of actual services and systems, andഀ WHEREAS, neither the Owner nor the Easement User realize any beneficial use inഀ allowing the easement to remain;ഀ NOW, THEREFORE, IN CONSIDERATION OF TEN DOLLARS, the mutualഀ covenants and promises contained herein and other good and valuable consideration theഀ receipt and sufficiency of which is hereby acknowledged by the parties hereto, theഀ Easement User and the Owner covenant and agree as follows:ഀ I . The Easement User, on behalf of itself, its successors and assigns, by thisഀ instrument hereby forever abandons, vacates, releases and terminates the easement andഀ hereby conveys all the right, title, interest in and to the easement to the Owner.ഀ 2. The Owner hereby accepts and ratifies the vacation, abandonment, release,ഀ ternlination and grant of the easement.ഀ 3. This vacation shall be binding upon and inure to the benefit of the Easementഀ User and of the Owner and their respective successors and assigns.ഀ EXECUTED ON THE DATE AND YEAR FIRST ABOVE WRITTEN.ഀ The Mountain States Telephone and Telegraph Co.ഀ (Company Name)ഀ ~eഀ By: "VI& (/CCഀ (Authorized Signature)ഀ STATE OF COLORADO )ഀ MESAഀ COUNTY OF )ഀ ss.ഀ The foregoing instrument was acknowledged before me this ST day ofഀ A~i4 by i9LE LOESCI7~ ofഀ a Coloradoഀ corporation.ഀ Witness my hand and official seal.ഀ My commission expires:ഀ Addressഀ 0494> STATE OF COLORADO )ഀ COUNTY OF EAGLE )ഀ The foregoing instrument was acknowledged before me this day ofഀ , 19 , byഀ President of Norris Realty Co., a Colorado corporation, a general partner of Glen Lyonഀ Office Building, a Colorado partnership.ഀ Witness by hand and official seal.ഀ My commission expires:ഀ Notary Publicഀ Addressഀ IOWAഀ Volഀ itഀ 75 south frontage road office of community developmentഀ vail, colorado 81657ഀ (303) 479-2138ഀ (303) 479-2139ഀ April 13, 1989ഀ Mr. Andy Norrisഀ 1000 S. Frontage Rd. Westഀ Vail, CO 81657ഀ RE: Undergrounding of Utilitiesഀ Dear Andy:ഀ I would appreciate it if you would get a letter from Holy Crossഀ stating their position on the undergrounding of utilitiesഀ adjacent to the Brewery. Staff has concerns about notഀ undergrounding utilities as it is an important improvement forഀ your project. However, we want to be reasonable and if Holyഀ Cross believes that your utilities should be undergroundedഀ during an overall improvement project that they would manage,ഀ then perhaps that is a better approach. Please submit theഀ letter to Rick Pylman. As you know, I will be out of theഀ office.ഀ My intent is to be back in the office on May 15. However, I mayഀ become a flamenco dancer and never return. Thanks for being soഀ understanding while our office has been short staffed. Pattenഀ should be back in command on April 24. I hope you are going toഀ get some time off here in the near future.ഀ Sincerelഀ ifn 0ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ I0WH_0ഀ 75 south frontage roadഀ vail, Colorado 81657ഀ (303) 476-7000ഀ April 4, 1989ഀ Mr. Andy Norrisഀ Vail Ventures, Ltd.ഀ 1000 South Frontage Road Westഀ Vail, Colorado 81657ഀ office of community developmentഀ Re: Conceptual review of the Glen Lyon office remodel, Vailഀ Brewery, and parking structure, SDD4: Design Review Boardഀ March 29, 1989ഀ Dear Andy:ഀ Below is a summary of the Design Review Board comments on theഀ project:ഀ 1. A back-out space is necessary in the parking structure. Aഀ gate house in the median between the two levels of parkingഀ to allow for monitoring parking use is a good idea.ഀ 2. The Design Review Board liked the colors and materials forഀ the project.ഀ 3. Colorado spruce should be used instead of lodgepole pineഀ along the north elevation of the structure.ഀ 4. Birch will be an attractive material, however they willഀ require a lot of water.ഀ 5. A concrete swale between the edge of grass and pavementഀ along the north side of the project is a good idea.ഀ 6. All disturbed areas must be seeded. This should beഀ indicated on the landscape plan.ഀ 7. Dogwoods or some other type of appropriate shrub should beഀ added along the drainage area adjacent to the entrance toഀ the Glen Lyon Office Building.ഀ 8. The north elevation of the brewery needs more landscapingഀ due to the lack of windows.ഀ 9. Are you sure CDOH will allow you to place landscaping inഀ the planter in front of the porte-cochere?ഀ 10. A pedestrian connection between the new bus stop and bikeഀ path/Vail Brewery is necessary.ഀ 11. One member felt that the expanse of office roof was tooഀ long and perhaps should be broken up by the use ofഀ dormers.ഀ 12. Please bring in your proposed signage for the project soഀ that it may be reviewed at the same time with theഀ landscaping plan.ഀ 13. Proposed lighting for this site and parking structureഀ should be submitted.ഀ 14. The roof deck that screens your vents on the southഀ elevation of the Vail Brewery should be studied. It shouldഀ be simplified.ഀ 15. Plant material should have a mix of sizes, especially alongഀ the structure. The materials also need to be larger,ഀ particularly in the area of the parking structure.ഀ 16. Please try to plant heavily the areas that fall beyond theഀ 30' no landscaping zone per the CDOH requirement.ഀ 17. Additional landscaping is needed to the east of the parkingഀ structure entry.ഀ 18. Bike racks and ski racks should be added by the southwestഀ corner of the Vail Brewery. It is our understanding thatഀ you intend to do this. It would be helpful to note on theഀ site plan where these racks would be located and what theyഀ will look like in general.ഀ 19. Landscaping, retainage, and lighting should be addressedഀ around the new bus stop. Some landscaping should be addedഀ on the south side of the parking structure. It is notഀ suggested that the landscaping be formal. Instead, theഀ materials should soften the appearance of the parkingഀ structure from the creek area.ഀ 20. The south elevation for the Vail Brewery that maximizes theഀ use of windows is preferable to the other elevation. Theഀ elevation that is being referred to is the colored southഀ elevation on poster board that you brought to the meeting.ഀ The following conditions from the SDD #4 Ordinance relateഀ specifically to your Design Review Board application:ഀ 1.ഀ 2.ഀ Section 18.46.200ഀ A. The developer's drainage plan shall include aഀ provision for prevention of pollution from surfaceഀ run-off.ഀ B. The developer shall include in the buildingഀ construction, energy and water conservation controlsഀ as general technology exists at the time ofഀ construction.ഀ F. All parking structures shall have pollution controlഀ devices to prevent oil and dirt from draining intoഀ Gore Creek. (This has already been indicated on yourഀ plans.)ഀ G. In Area D, a manhole in the brewery service line shallഀ be provided so the Upper Eagle Valley Consolidatedഀ Sanitation District may monitor BOD strength.ഀ I. All trash compactors and trash storage areas shall beഀ completely enclosed within Special Developmentഀ District #4.ഀ J. Protective measures shall be used during constructionഀ to prevent soil erosion into Gore Creek, particularlyഀ when construction occurs in Areas A & D.ഀ Section 18.46.210 D. Area D, Glen Lyon Commercial Siteഀ A. The developer shall agree to construct a bus shelterഀ per Town of Vail standards adjacent to Developmentഀ Area D. The specific location for the bus shelterഀ shall be mutually agreed to by the Area D owner and/orഀ developer, Colorado Division of Highways, and Town ofഀ Vail. The bus shelter shall be-constructed subsequentഀ to the issuance of a temporary certificate ofഀ occupancy for either the brewery addition, officeഀ expansion, east office building, or parkingഀ structure.ഀ B. The developer shall relocate the existing bike path onഀ Area D and provide a new bike path easement across theഀ Glen Lyon property and CDOH property per theഀ development plan for Area D. The bike path shall beഀ constructed per Town of Vail standards. The bike pathഀ shall be constructed subsequent to the issuance of aഀ building.permit and prior to the issuance of aഀ temporary certificate of occupancy for either theഀ brewery addition, office expansion, east officeഀ building, or parking structure. Such temporaryഀ certificate of occupancies shall be conditional uponഀ construction of the bike path provided for herein.ഀ C.• The developer shall underground the electricalഀ utilities along the north side of the Glen Lyonഀ property from the northwest corner of the property toഀ the northeast corner of the property. This utilityഀ work shall be constructed subsequent to the issuanceഀ of a building permit and prior to the issuance of aഀ temporary certificate of occupancy for the breweryഀ addition, office expansion, east office building, orഀ parking structure. The undergrounding of theഀ utilities is contingent upon Holy Cross approving theഀ work.ഀ D. The developer shall be responsible for relocating theഀ 20' utility easement on the western portion ofഀ Development Area D as well as obtaining approval fromഀ the Town of Vail for the relocated utility easementഀ before a building permit is released for the micro-ഀ brewery addition.ഀ E. The developer of the Glen Lyon office property shallഀ not file any remonstrance or protest against theഀ formation of a local improvement district or otherഀ financing mechanism approved by the Vail Town Councilഀ which may be established for the purpose of buildingഀ road improvements for the South Frontage Road.ഀ F. The developer shall provide a fire hydrant per Town ofഀ Vail Fire Department requirements on the northwestഀ portion of the property. The specific location forഀ the fire hydrant shall be approved by Vail Fireഀ Department. The fire hydrant shall be providedഀ subsequent to the issuance of a temporary certificateഀ of occupancy for the brewery addition, officeഀ expansion, east office building, or parkingഀ structure.ഀ G. The conditions for Area D in Sections 18.46.180 D,ഀ 18.46.200 C, F, G, H, I, J, 18.46.210 D, 1-6, andഀ 18.46.220 shall be set forth in-restrictive covenantsഀ subject to the approval of the Town Attorney and onceഀ so approved shall be recorded on the land records ofഀ Eagle County. The developer shall be responsible forഀ submitting the written conditions to the Town Attorneyഀ within 30 days after the Town Council's final approvalഀ of the SDD ordinance.ഀ The conditions listed above as well as 2 A, B and F must beഀ addressed in your Design Review Board submittal. The otherഀ conditions should be addressed as soon as possible so that yourഀ building permit is not delayed.ഀ Below is a list of staff comments and additional submittalഀ information. Please submit the following information by Aprilഀ 7, 1989 for the Design Review Board meeting on April 19, 1989:ഀ A. General Comments:ഀ 1. Copy of the CDOH permit and approved Frontage Roadഀ improvement plan.ഀ 2. Please submit the roof height study which was prepared byഀ ROMA for Planning Commission. I am assuming there are noഀ changes. However, if you have adjusted the height slightlyഀ in certain areas, please indicate this on your heightഀ study.ഀ 3. Proposed square footage for the Glen Lyon Office andഀ Brewery Building.ഀ 4. A statement on what Holy Cross's position is on theഀ undergrounding of the utilities.ഀ 5. Specific responses to the conditions listed above in theഀ ordinance that relate to conservation and pollutionഀ controls, bus shelter, bike path, electrical utilities,ഀ utility vacations, and fire hydrant. Some of theseഀ materials may simply be addressed by indicating it on yourഀ plans. Specific information is needed on the bus shelter.ഀ Please submit a site plan and elevations of the structureഀ so that it may be reviewed by the Public Works Departmentഀ and CDOH.ഀ 6. Submit utility sign-off sheet and vacation agreements.ഀ 7. Submit a drainage plan.ഀ B. Site Plan Comments:ഀ 1. The landscape plan and site plan need to be the same. Theഀ parking structure plan and site plan also need to coincide.ഀ The site plan should also indicate the new decel lane.ഀ 2. Please provide full south and north SITE elevations.ഀ C. Brewery:ഀ 1. Indicate the property line on the first floor plan.ഀ 2. List the square footages per floor as was done for Planningഀ commission.ഀ 3. Are you adding a new access on the northwest corner of theഀ beer hall? One plan indicates this access which I don'tഀ think you are proposing.ഀ 4. Is the fireplace in the brewery wood-burning or gas?ഀ 5. Submit a design detail on the gate in front of the loadingഀ area for the brewery.ഀ 6. Label the elevations with finished grades.ഀ D. Parking Structure:ഀ 1. A turn around for the structure is necessary. This was onഀ the original plans and should be incorporated into theഀ designs.ഀ 2. Please indicate the slope of the ramps.ഀ 3. Please try to include one loading space within theഀ structure which will be able to service the officeഀ building.ഀ 4. The Town Engineer is requesting that you provide anഀ armoring at the outlet/pire.ഀ 5. Please indicate how snow removal will be handled on the topഀ level of the structure.ഀ 6. Please indicate the wall heights from finish grade alongഀ the south and north elevations of the structure.ഀ 7. Show what portion of the wall along the parking structureഀ is solid. It is difficult to determine what is a panel andഀ what is open from the elevations.ഀ 8. Why does the grade drop so drastically along the east endഀ of the south elevation of the parking structure?ഀ 9. The north elevation indicates 9' of wall showing aboveഀ finished grade. In the discussion with DRB, it wasഀ mentioned that only a few feet of the wall would show.ഀ Please clarify.ഀ 10. The site plan for the parking structure should indicate theഀ full stair and how that connects to the Glen Lyon Officeഀ sidewalk.ഀ E. Landscaping:ഀ 1. Staff agrees with the Design Review Board that theഀ materials should be as large as possible along the northഀ side of the parking structure and brewery.ഀ 2. Signage should be coordinated with landscaping andഀ lighting. Please submit details on lighting, especiallyഀ for the parking structure. It would also be a good time toഀ submit any signage you would like to have for theഀ buildings.ഀ 3. Is the entry planter which is on CDOH land by the breweryഀ realistic? What are the wall heights of the planter?ഀ 4. Submit a cross-section which shows the edge of the Frontageഀ Road, bike path, CDOH land, berm landscaping, and parkingഀ structure wall.ഀ 5. Staff prefers to see the pedestrian path connection to theഀ brewery incorporated with the Glen Lyon sidewalk. It seemsഀ unnecessary to have a bike path, pedestrian path, as wellഀ as a sidewalk to Glen Lyon all within the same area.ഀ 6. Please submit a revised landscape plan that incorporatesഀ the recommendations from the Design Review Board andഀ staff.ഀ 7. Maximum height for walls for retaining or for decks are 6'ഀ The wing wall by the Vail Brewery entry and transformerഀ encroaches onto CDOH property according to the plans. Isഀ this really necessary?ഀ F. Office Remodel:ഀ 1. The office floor plan should be submitted. Also, itഀ appears that there is additional enclosed space on the eastഀ end of the office building. Please submit an elevation ofഀ the east end of the office building if you are proposingഀ changes. If you are actually enclosing additional space,ഀ this would need to go back to Planning Commission. Moreഀ fun.ഀ For the Design Review Board meeting on April 19, please stakeഀ the bike path, bus stop shelter, new entry to the site, Vailഀ Brewery, and the parking structure (please tag the tree thatഀ will be lost due to construction of the parking).ഀ Technically, the submittal date for the April 19 meeting isഀ April 3. If you could please submit the remainder of thisഀ information by April 7, this will allow enough time for reviewഀ of the project. If you are unable to get some of thisഀ information in, please just let me know when you plan to submit.ഀ The more that you can submit on April 7 the better. Rick Pylmanഀ will be in charge of the project while I am gone. I have aഀ feeling that you may need another review to finalize everythingഀ on May 3. Hopefully, this will not be necessary.ഀ In respect to the utility vacations, Larry normally likes toഀ review this at a Council evening meeting. As long as you followഀ the same general format that was used for the Post Office,ഀ everything should go smoothly. If you have any problems withഀ this schedule, pleaseഀ conceptual review soഀ Good Luck!ഀ Sincerely,ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ cc: Ned Gwathmeyഀ Rick Pylmanഀ e let me know. You had a positiveഀ things should go well for you on April 19.ഀ GLEN LYON - LOT SIZES AND GRFAഀ VOTINGഀ EXISTINGഀ GRFA UNDERഀ LOTഀ SIZE(Acres)ഀ PERCENTAGEഀ GRFA(Sq.Ft.)ഀ NEW AMENDMENT(Sq.Ft.)ഀ 1ഀ .4272ഀ 1.19%ഀ 4111ഀ 4111ഀ 2ഀ .4026ഀ 1.12%ഀ 4004ഀ 4004ഀ 3ഀ .4827ഀ 1.34%ഀ 4200ഀ 4353ഀ 4ഀ .5131ഀ 1.43%ഀ 4200ഀ 4485ഀ 5ഀ .4607ഀ 1.28%ഀ 4200ഀ 4256ഀ 6'ഀ .4574ഀ 1.27%ഀ 4200ഀ 4242ഀ 7ഀ .4684ഀ 1.30%ഀ 4200ഀ 4290ഀ 8ഀ .4628ഀ 1.29%ഀ 4200ഀ 4266ഀ 9ഀ .5381ഀ 1.50%ഀ 4200ഀ 4594ഀ 10ഀ .7851ഀ 2.19%ഀ 4200ഀ 5210ഀ 11ഀ .7056ഀ 1.96%ഀ 4200ഀ 5037ഀ 12ഀ .7698ഀ 2.14%ഀ 4200ഀ 5177ഀ 13ഀ .8085ഀ 2.25%ഀ 4200ഀ 5261ഀ 14ഀ .7418ഀ 2.07%ഀ 4200ഀ 5116ഀ 15ഀ .5626ഀ 1.57%ഀ 4200ഀ 4701ഀ 16ഀ .5123ഀ 1.43%ഀ 4200ഀ 4482ഀ 17ഀ .5448ഀ 1.52%ഀ 4200ഀ 4623ഀ 18ഀ .4536ഀ 1.26%ഀ 4200ഀ 4226ഀ 19ഀ .4730ഀ 1.32%ഀ 4200ഀ 4310ഀ 20ഀ .4920ഀ 1.37%ഀ 4200ഀ 4393ഀ 21ഀ .5011ഀ 1.40%ഀ 4200ഀ 4432ഀ 22ഀ .5092ഀ 1.42%ഀ 4200ഀ 4468ഀ 23ഀ .5175ഀ 1.44%ഀ 4200ഀ 4504ഀ 24ഀ .4374ഀ 1.22%ഀ 4155ഀ 4155ഀ 25ഀ .4634ഀ 1.29%ഀ 4200ഀ 4269ഀ 26ഀ .7087ഀ 1.97%ഀ 4200ഀ 5044ഀ 27ഀ .5244ഀ 1.46%ഀ 4200ഀ 4534ഀ 28ഀ .6598ഀ 1.83%ഀ 4200ഀ 4935ഀ 29ഀ .6171ഀ 1.72%ഀ 4200ഀ 4844ഀ 30ഀ .6237ഀ 1.74%ഀ 4200ഀ 4858ഀ 31ഀ .5770ഀ 1.61%ഀ 4200ഀ 4757ഀ 32ഀ .5078ഀ 1.41%ഀ 4200ഀ 4462ഀ 33ഀ .4289ഀ 1.19%ഀ 4118ഀ 4118ഀ 34ഀ .4250ഀ 1.18%ഀ 4101ഀ 4101ഀ 35ഀ .4416ഀ 1.23%ഀ 4174ഀ 4174ഀ 36ഀ .4467ഀ 1.24%ഀ 4196ഀ 4196ഀ 37ഀ .4268ഀ 1.19%ഀ 4109ഀ 4109ഀ 38ഀ .4609ഀ 1.28%ഀ 4200ഀ 4258ഀ .-g>-QMഀ 1.2353ഀ 3.44%ഀ 3300✓ഀ 6190ഀ Bഀ 1.2500ഀ 3.48%ഀ 33004ഀ 6223ഀ 40ഀ .8584ഀ 2.39%ഀ 4200ഀ 5370ഀ 41ഀ 1.0494ഀ 2.92%ഀ 4200ഀ 5786ഀ 42ഀ .4914ഀ 1.37%ഀ 4200ഀ 4391ഀ 43ഀ .5706ഀ 1.59%ഀ 4200ഀ 4474ഀ 44ഀ .4111ഀ 1.14%ഀ 4040ഀ 4040ഀ 45ഀ .4761ഀ 1.33%ഀ 4145ഀ 4145ഀ 46ഀ .4350ഀ 1.21%ഀ 4200ഀ 4225ഀ 47ഀ .4534ഀ 1.26%ഀ 4200ഀ 4205ഀ 48ഀ .4489ഀ 1.25%ഀ 4200ഀ 4200ഀ 49ഀ .5105ഀ 1.42%ഀ 4200ഀ 4736ഀ 50ഀ .5009ഀ 1.39%ഀ 4200ഀ 4431ഀ 51ഀ .4474ഀ 1.25%ഀ 4199ഀ 4199ഀ 52ഀ .4826ഀ 1.34%ഀ 4200ഀ 4352ഀ 53ഀ 4.2121*ഀ 11.73%ഀ n/aഀ n/aഀ 54ഀ 1.7477**ഀ 4.87%ഀ n/aഀ n/aഀ 35.9192ഀ 100%ഀ * Coldstreamഀ Glen Lyon Commercial Buildingഀ -ഀ - -ഀ JT Dഀ ILഀ -ഀ qഀ ISTRICT Lഀ TEL HO.303- - 12-7251ഀ tt 1 _;8 F 1ഀ 13EPARTMFrNT-OF HIGHWAYSഀ S w'>ഀ 222 $4utt1 $lxitt Street, P,D. Sox 2107 a _ഀ Grand Junction. Colorado 81642-2107ഀ (303) 248-7208 ,ഀ November 23, 1988ഀ Kristan Pritzഀ Senior PlaLrnne X7ഀ Town of Vailഀ 75 South Frontage Readഀ Vail, CO 81557ഀ Dear Ms. Pritz:ഀ we have reviewed the Glen Lyon Office Building micro breweryഀ proposal and make the following comments;ഀ AOCCna pcrmito will be required for both approaches to the site.ഀ a No loadlnq or unloading or mat.erialm may Take place wit-tinഀ highway right of way.ഀ c No drainage or snow from the sito may drain to or be placedഀ within highway right of way.ഀ It appears that some Ghannelization may be required; however, ifഀ 11 urea" wr~"+- - a rennt i niir iiP l c -r+- i-.ia r- r-1 1 a ricA 1.11 r-r)IiejlI t .?.ca 1. 1r-rI j aa;e`ഀ the department would make that a requirement of the accessഀ permits.ഀ The sidewalk shown inside highway right of w&y will be allowed;ഀ however, when the entire right of way is needed for highwayഀ 1al ~ei:Q+ •3+..id31'=I_,x.,.:~t rna-J• n,: c. i c kht r In -1-%I z9 --1£ 1 rrvi la n J C"+Q SC~Sഀ o heir property. The development should plan to replace, atഀ their expense, the proposed sidewalk and their bus unIc.adingഀ location.ഀ we hope the above information will assist you in your planningഀ process. More definitive inicrmcxLivn will be provided when thtഀ applications for access are received.ഀ R. P. MOE iONഀ DISTRICT ENGINEERഀ C. I . Du n,ഀ CID: rb Di:strict RO _ ngii.eerഀ cc: fileഀ ioഀ l wഀ MEMORANDUMഀ TO: KRISTIN PRITZഀ 1*1ഀ FROM: A -!DRENV D. NORRISഀ SUBJECT: GLEN LYON OFFICE/VAIL BREWERY PROJECTഀ DATE: NOVEMBER 16, 1988ഀ The development and construction is planned in the followingഀ phases:ഀ Phase I - Expansion and Remodel of Existingഀ Office Buildingഀ - Parking Structureഀ - Breweryഀ Construction Start 4/89ഀ Construction Completion 12/89ഀ Phase II - Addition of East Buildingഀ Construction Start 4/90ഀ Construction Completion 12/90ഀ 0ഀ Aഀ Xഀ sഀ 0 0ഀ MEMORANDUMഀ TO:ഀ FROM:ഀ SUBJECT:ഀ DATE:ഀ KRISTIN PRITZഀ ANDREW D. NORRISഀ VAIL BREWERY OPERATING PROGRAMഀ NOVEMBER 18, 1988ഀ Air Inversionഀ The EIR for Vail Brewery estimated that the Vail Valley isഀ subject to temperature inversion between six and twelve days eachഀ year. This weather condition usually occurs during morning hours inഀ early winter (i.e., December, January).ഀ The brewery plans to operate the brewhouse three days perഀ week. The brewing process includes an initial boiling ("mashing") ofഀ malted barley and water for about 30 minutes. It is this process thatഀ produces water vapor and an odor similar to baking bread. Becauseഀ the brewing process is an active part of the brewery experience, it isഀ scheduled for noon time and early evening when the brewpub is atഀ maximum occupancy. Normally, temperature inversions haveഀ broken down by late morning. However, should an inversion persist,ഀ the mashing will be delayed or canceled.ഀ Warehousinഀ It is inappropriate for a guest oriented attraction toഀ accommodate heavy commercial truck traffic. Therefore, rawഀ materials and finished goods for the brewery will be warehoused inഀ a Minturn industrial park. Malt will be delivered in a small truck toഀ the brewery immediately prior to brewing. Similarly, finished goodsഀ (bottles and kegs) will be removed from the brewery after eachഀ packaging run.ഀ ~ vഀ `=Jഀ The brewery includes a fully enclosed loading dock. It hasഀ been sized to accommodate two 22 foot unit trucks which is theഀ maximum size in Vail for vendor deliveries. The loading area alsoഀ includes the "spent grain" trailer. A trash compactor is included in aഀ fully enclosed outdoor area.ഀ The distributor for the brewery will pick up finished goods in aഀ tractor/trailer at the warehouse. No tractor/trailers will beഀ permitted at the brewery.ഀ 0ഀ EOഀ J -ഀ 0ഀ nഀ To: Larry, Susan, Peter and Rickഀ From: Kristanഀ Date: October 12, 1988ഀ Subject: Micro-Brewery definitionഀ Andy Norris is proposing to amend thഀ theഀ to all a micro-brewery as a condionalഀ following definition. Please reviewഀ thoughts on Monday.ഀ Arterial Business Districtഀ use. I propose theഀ this and let me know yourഀ A commercial operation that processes water, malt, hops, and yeastഀ into beer or ale by mashing, cooking, and fermenting. The maximumഀ capacity for the brewery shall be 5,000 barrels per year. Aഀ barrel shall be equivalent to 31 gallons. The use shall notഀ exceed 8,000 s.f. of floor area. The brewing processing areaഀ shall be located within the basement or garden levels of theഀ structure. The basement or garden level shall be defined as thatഀ floor of a building that is entirely or substantially below grade.ഀ The micro-brewery use shall be associated with a restaurant and/orഀ bar which sells the beer products processed on site. Theഀ restaurant or bar shall have a minimum square footage of 2,000ഀ square feet. Two enclosed loading and delivery bays shall be theഀ minimum amount of loading allowed for the micro-brewery use. Theഀ loading areas shall meet the standards as outlined in Sectionഀ 18.52.090 of the Town of Vail Municipal Code.ഀ The staff supports this amendment. As long as the brewery has aഀ limited brewing capacity and also has a restaurant/bar useഀ associated with the brewery we think it makes sense for this zoneഀ district. Most micro-brewery uses are limited to a 20,000 barrelഀ per year capacity. Our definition would have a capacity greatlyഀ under this maximum. I think it is best to start out with aഀ limited capacity to see how the use operates. The definition canഀ always be changed to allow for a greater capacity. In addition,ഀ Andy's EIR addresses a brewery having a capacity of 5,000 which isഀ what we should adhere to The impacts of greater capacity haveഀ not been analyzed.ഀ J "1 0 9ഀ W,ഀ Seattle allows micro-breweries and considers the use to be lightഀ manafacturing. 20,0000 barrels per year is the capacity limit.ഀ The use is permitted in 4 out of 5 neighborhood commercial zones.ഀ The floor area limits range from 5,000 to 10,000 square feet.ഀ the Construction and Land Use Department as well as theഀ Environmental Health office have recieved no complaints. Theirഀ opinions were that the use is compatible with office and otherഀ retail uses, and residential.ഀ In Boulder, the brewery was approved using a special reviewഀ process. The site is located in an industrial zone. Theഀ surrounding uses are primarily office and light manufacturing suchഀ as computer etc. manufacturing. It was considered to be a use thatഀ could draw tourists to Boulder. The use was developed by right.ഀ Covenants were used to address parking. The site had PUD typeഀ requirements. The big issue with the project was the restaurantഀ associated with the brewery. Restaurants are limited inഀ industrial zones to serve only the immediate area. So far thereഀ have been no major complaints about the brewery. The planner,ഀ John Fernandez, considered the project positive. Frank Gray, theഀ planner that actually handled the project, said that loading andഀ the tasting room capacity were the two big impacts. He felt thatഀ the tasting room could become a big draw. He considers the useഀ "fairly innocuous."ഀ The Boulder Brewery has capacity of approx. 10,0000 barrels perഀ year. The building is approx. 16,000 s.f. with the ability toഀ expand. 46 parking spaces are provided. The brewery requires 30ഀ full-time employees.ഀ Denver has recently written a new ordinance allowing brewpubs.ഀ There is no limit on capacity. However, no more than 30% of theഀ product may be sold off the premises. 20% of the gross floor areaഀ of the operation can be devoted to the brewing area. The intentഀ was to insure that the use operated primarily as a restaurant.ഀ The brewpubs are allowed in general commercial districts.ഀ Retail,light fabrication, office, and high density multi-family(30ഀ units per acre) are allowed in this type of zone. The brewpub isഀ a permitted use.ഀ The ordinance was written specifically to address a request for aഀ brewpub. The use is located in lower downtown by Union Station.ഀ The name of the brewpub is the Wynkoop Brewery. At this time,ഀ only the restaurant exists.ഀ The Denver approach is another direction our definition couldഀ take. Andy is really focusing on the restauran. I do think heഀ wants the brewing capacity. However, the limit on off siteഀ 10ഀ distribution could be wise given the anticipated truck traffic.ഀ Let me know what you think on Monday. This goes to PEC on Octoberഀ 24. An ordinance will need to be written if this is given the bigഀ green light. Larry, I hope I can catch you before you go surfingഀ in South America.ഀ ioഀ 0ഀ tഀ C-Jഀ To: Andyഀ From: Community Dev. Dept.ഀ Date: November 13, 1988ഀ Re: Glen Lyon Amendmentsഀ I. Information needed:ഀ East Building, floor plans and elevationsഀ Parking Structure, floor plans and elevationsഀ Landscape plan revised given CDOH requirementsഀ Decision on employee housing, # of units and where locatedഀ Decision on undergrounding utilitiesഀ Decision on 20 ft. utility easementഀ Title report, should submit as soon as possible to avoidഀ problemsഀ How is lounge used on third floor? Bar, or just seatingഀ Who owns property to east of GLOB? If CDOH, do you haveഀ ok to locate retaining walls, bus stop, and bike path onഀ their propoerty?ഀ Provide specific information on loading and means to handleഀ inversion issue for the brewery. I know you submitted someഀ information on warehousing but more specifics on where theഀ warehouse is should be submitted.ഀ Information on existing office space at GLOB and descriptionഀ of any office space that will be addedഀ Are you proposing any stacks or silos for the brewery?ഀ Submit request summary and revise TDA reports if necess.ഀ Stake site for PEC meeting on 11/28 by 11/18 include east andഀ west bldgs, structure and bus stopഀ Submit a phasing planഀ Please submit all of the above information by 11/18ഀ II. Issuesഀ Deck and parking structure encroach into 50 ft. streamഀ setbackഀ Retaining walls on CDOH property--is this necessaryഀ Should parking structure be pushed south into 50 ft. streamഀ setback to allow for more room for landscaping on northഀ elevation?ഀ o •ഀ o"ഀ Why are barrel vaults used on the new building?ഀ Should there be more windows on prop. bldg. north side?ഀ Ex. office north and south elevations could use moreഀ windowsഀ Find out bus schedule from Stan on Frontage Roadഀ How do you access from structure to east building?ഀ Does porte-cochere create problems for future expansion ofഀ Frontage Road?ഀ What is our final position on Frontage Rd. Improvements?ഀ How does this relate to the H project?ഀ Conditions of approval:ഀ Bus stopഀ Bike pathഀ Employee housingഀ Parking management plan per TDA reportഀ Underground utilities?ഀ Replat 20 ft. utility easementഀ M~4° tcrt~ 6k.~ഀ L7Jഀ Xഀ ioഀ or 1ഀ Iഀ a Setbacks:ഀ side: 15 ft. bldg. < 20 ft.ഀ 20 ft. bldg. is > 20 ft. highഀ rear: 10 ft.ഀ front: 60% @ 15 ft.=420 l.f.ഀ 40% @ 20 ft.=280 l.f.ഀ No setback for underground parking?ഀ 50 ft. stream setbackഀ Height:ഀ 70% 32ft. to 40 ft.ഀ 30% 0 to 32 ft.ഀ C Density:ഀ GRFA=34578 s.f.ഀ 33 unitsഀ Coverage:ഀ _45, 678 s.f.ഀ FAR:ഀ max. .75ഀ Total GRF Areaഀ Total site areaഀ uഀ small corner 17'ഀ on nw cornerഀ deck to prop.ഀ lineഀ 0-2 ft.=35 l.f.(entry)`~>>ഀ 0-4 ft.=225 l.f. (structure);°Jaഀ 15 ft.=60 l.f.ഀ 20 ft.=383 l.f.ഀ structure 5 ft. encroachmentഀ deck 10 ft. encroachmentഀ 3,400 s.f. GRFAഀ 3 unitsഀ 16,100 buildingഀ 12,600 structureഀ 28,700s.f. or 38%ഀ .52 approxഀ 39,444 = .52ഀ 76,130ഀ Prop. Bldg. 16,644ഀ ex. office 16,800ഀ East Bldg. 6,000ഀ 0ഀ EJഀ Parking and loading:ഀ no loading or parking in front setbackഀ Cഀ project has loading, drop-off, and parking structure in frontഀ setback although code says no setback required for undergroundഀ parkingഀ 106 spaces ( 99 struc. and 7 surface)ഀ Landscaping:ഀ 19,032 s.f. or .25 of total siteഀ Brewery:ഀ 8,000 s.f.ഀ 60% approx.ഀ excludes buildingsഀ ramps, drives andഀ structureഀ 6,600 s.f.ഀ e eഀ [ownഀ 75 south frontage roadഀ Vail, colorado 81657ഀ (303) 476-7000ഀ November 7, 1988ഀ Mr. Chuck Dunnഀ Colorado Division of Highwaysഀ P.O. Box 2107ഀ Grand Junction, Colorado 81502ഀ office of community developmentഀ Reference: Amendment tഀ toഀ Area D, Glenഀ Applicant:ഀ Dear Chuck,ഀ Special Development District 4ഀ Lyon Office Buildingഀ Vail Ventures and Glen Lyon Officeഀ Building, Ltd.ഀ Enclosed are drawings, the environmental impact report, andഀ traffic studies concerning the proposed amendment to theഀ development plan for the Glen Lyon office propoerty in Vail. Asഀ you know, this property is adjacent to the South Frontage Road.ഀ The staff is concerned that the Colorado Division of Highwayഀ issues be addressed during the Planning and Environmentalഀ commission's review of the project.ഀ I am submitting this information to you under the subdivisionഀ review process. I understand that the Highway Department isഀ unable to formally review the Frontage Road issue until an accessഀ permit is submitted to you by the applicant. I would appreciateഀ it if you could send me your written comments on the proposal byഀ November 15, 1988. I am particulary interested in the amount ofഀ traffic generated and how this traffic may or may not requireഀ additional lanes to be constructed along the Frontage Road. Theഀ planning staff believes that a left-hand turn lane is necessary.ഀ We prefer the left-hand turn lane over the right-hand decelerationഀ lane.ഀ If you have any further questions about the project please give meഀ a call at 476-7000 ext. 103. 1 appreciate your help on thisഀ Q aഀ 1ഀ 0ഀ 0ഀ proposal.ഀ Sincerely,ഀ ris , Yഀ Kristan Pritzഀ Senior Plannerഀ EOഀ VAIL TOWN COUNCILഀ REGULAR MEETINGഀ TUESDAY, NOVEMBER 1, 1988ഀ 7:30 p.m.ഀ AGENDAഀ 1. Ten Year Anniversary Awards to Kurt Oakley and Jim Sandersഀ 2. Approval of Minutes from October 4 and 18, 1988 Meetingsഀ 3. Ordinance No. 31, Series of 1988, second reading, an annual appropriationഀ ordinance: adopting a budget and financial plan and making appropriationsഀ to pay the costs, expenses, and liabilities of the Town of Vial, Colorado,ഀ for its fiscal year January 1, 1989 through December 31, 1989, andഀ providing for the levy assessment and collection of Town ad valoremഀ property taxes due for the 1988 tax year and payable in the 1989 fiscalഀ year.ഀ 4. Ordinance No. 30, Series of 1988, second reading, an ordinance amendingഀ Section 18.32.030 of the Municipal Code of the Town of Vail to include as aഀ conditional use cemeteries within the Agriculture and open space zoneഀ district.ഀ 5. Ordinance No. 32, Series of 1988, first reading, an ordinance amendingഀ Chapter 18.04, Section 18.29.010, and Section 18.29.030 of the Municipalഀ Code of the Town of Vail to allow micro-breweries as a conditional use inഀ the arterial business zone district.ഀ 6. Ordinance No. 33, Series of 1988, first reading, an ordinance amendingഀ Section 3.40.150(5); 3.40.130(1); 3.40.130(2); 3.40.170(2); 3.40.120;ഀ 3.40.120(6) of the Sales Tax Chapter of the Town of Vail Municipal Code;ഀ and setting forth details in regard thereto.ഀ 7. Ordinance No. 34, Series of 1988, first reading, an ordinance adopting theഀ amended investment policy for the Town of Vail.ഀ 8. Resolution No. 39, Series of 1988, a resolution designating Central Bank ofഀ Denver as a depository for the funds of the Town as permitted by theഀ Charter of the Town, its ordinances, and the statutes of the State ofഀ Colorado.ഀ 9. Resolution No. 40, Series of 1988, a resolution opposing proposed Amendmentഀ 6 of the Colorado Constitution.ഀ 10. Resolution No. 41, Series of 1988, a resolution supporting the Town ofഀ Minturn in retaining funding from the Colorado Department of Highways toഀ construct improvements to U.S. Highway 24.ഀ 11. Appointment to the Local Liquor Licensing Authority Boardഀ CITIZEN PARTICIPATIONഀ 12. Adjournmentഀ 0 0 A-ഀ ,YVഀ TO: Town Councilഀ FROM: Community Development Departmentഀ DATE: November 1,ഀ SUBJ: An ordinancഀ District toഀ use.ഀ Applicant:ഀ 1988ഀ a to amend the Arterial Business Zoneഀ allow micro-breweries as a conditionalഀ Vail Ventures, Ltd. and Glen Lyon Officeഀ Building, Inc., a Colorado Partnershipഀ PEC Decision: Approvalഀ On October 24, 1988, the Planning and Environmental Commissionഀ reviewed the request to amend the Arterial Business district toഀ allow micro-breweries as a conditional use. The Purpose andഀ Conditional Use Sections of the Arterial Business zoneഀ district, as well as the definition section, for the Town ofഀ Vail Municipal Zoning Code must be amended to allow for theഀ use.ഀ The Planning Commission voted for approval of the request withഀ the condition that the staff reword the amendment to theഀ Purpose Section to emphasize that the light industry must beഀ clearly associated with tourist-related activities. Jim Vieleഀ abstained from voting on the request due to his involvementഀ with the Glen Lyon Office Building.ഀ PEC Commentsഀ The commissioners made the following comments about theഀ request:ഀ Peggy Osterfoss questioned whether you could really determineഀ when an inversion occurred. Kent Rose, engineer for theഀ project, stated that you could not really determine when anഀ inversion would occur. This question was raised due to theഀ fact that the Environmental Impact Report states that "with aഀ boiler stack designed as an architectural element of theഀ building at a height of surrounding ridge lines and care not toഀ begin a brewing process during an identified temperatureഀ inversion, emissions from the brewery should go undetected."ഀ (Environmental Impact Report, Jamar Associates & RBD Engineers,ഀ page 36.)ഀ Diana Donovan questioned whether or not the sewer system wouldഀ overload due to the waste water discharge from the brewery.ഀ She was particularly concerned about peak use periods duringഀ the winter. Kent Rose stated that the waste water is actuallyഀ being discharged below the Upper Eagle Valley Water andഀ C7ഀ •ഀ Sanitation District plant on Forest Road. The waste waterഀ discharge from the micro-brewery will have no impact on theഀ waste water capacity for the sanitation plant on Forest Road.ഀ He stated that Avon has the capacity to handle this wasteഀ water.ഀ Diana also mentioned that loading and delivery is a concern,ഀ but she felt that it would need to be looked at closely duringഀ the conditional use review for a micro-brewery.ഀ Sid Schultz questioned whether or not the public service yardഀ use should be taken out of the Arterial Business zoneഀ district.ഀ Pam Hopkins stated that she felt that parking needed to beഀ looked at closely for this type of use.ഀ TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: October 24, 1988ഀ SUBJECT: A request for an amendment to the Arterial Businessഀ zone district to allow micro-breweries as aഀ conditional use.ഀ Applicant: Vail Ventures, Ltd. & Glen Lyon Officeഀ Building, Inc., a Colorado Partnership.ഀ I. REQUESTഀ Vail Ventures, Ltd., and Glen Lyon Office Building, Inc. areഀ requesting to amend the Arterial Business zone district,ഀ Section 18.29 of the Town of Vail Municipal Code, to allowഀ micro-breweries as a conditional use. Two sections of theഀ Arterial Business zone district are proposed to be amended.ഀ The definition of a micro-brewery shall be added to the Town ofഀ Vail Municipal Code's Definition Section as 18.04.253. (Theഀ proposed amendments are typed in all capitals):ഀ Arterial Business Zone Districtഀ Section 18.29.010 Purposeഀ The Arterial Business District is intended to provideഀ sites for office space, public utilities, serviceഀ stations, TOURIST RELATED LIGHT INDUSTRY, and limitedഀ shopping and commercial facilities serving the Townഀ and Upper Eagle Valley residents and guests.ഀ Multiple family dwelling for use as employee housingഀ will be appropriate under specific circumstances.ഀ Arterial Business District is intended to insureഀ adequate light, air, open space, and other amenitiesഀ appropriate to permitted and conditional types ofഀ buildings and uses, and to maintain a convenientഀ (limited) shopping, business, service, andഀ residential environment.ഀ Arterial Business Zone Districtഀ Section 18.29.030 Conditional Uses A.ഀ A. The following conditional uses shall beഀ permitted in the arterial business district,ഀ subject to the issuance of a conditional useഀ permit in accordance with the provisions ofഀ Chapter 18.60:ഀ - 1 -ഀ Wഀ Public buildings, grounds and facilitiesഀ Public park and recreation facilitiesഀ Any use permitted by Section 18.29.020 which isഀ not conducted entirely within a buildingഀ Service yardsഀ Public utility and public service uses,ഀ including screened outside storageഀ Multi-family dwellings for the employees of theഀ Upper Eagle Valley as further restricted byഀ Section 18.27.130 of this zone district.ഀ MICRO-BREWERYഀ Definitionsഀ Section 18.04.253ഀ MICRO-BREWERYഀ A MIXED-USE COMMERCIAL OPERATION THAT PROCESSESഀ WATER, MALT, HOPS, AND YEAST INTO BEER OR ALE BYഀ MASHING, COOKING, AND FERMENTING THAT SHALL ALSOഀ INCLUDE AN ON-SITE PUBLIC RESTAURANT AND/OR BAR WHICHഀ SELLS THE BEER PRODUCTS. THE MAXIMUM BREWINGഀ CAPACITY FOR THE MICRO-BREWERY SHALL BE 7,500 BARRELSഀ PER YEAR. A BARREL IS EQUIVALENT TO 31 GALLONS. THEഀ MICRO-BREWERY USE SHALL NOT EXCEED 8,000 SQUARE FEETഀ OF FLOOR AREA, EXCLUDING ENCLOSED AREAS FOR LOADING,ഀ TRASH, AND DELIVERY. THE PUBLIC RESTAURANT AND/ORഀ BAR SHALL HAVE A MINIMUM SEATING AREA OF 2,000 SQUAREഀ FEET AND SHALL BE EXCLUDED FROM THE TOTAL MICRO-ഀ BREWERY MAXIMUM SQUARE FOOTAGE LIMIT.ഀ II. BACKGROUND ON THE PURPOSE OF THE ARTERIAL BUSINESSഀ DISTRICTഀ The Arterial Business district was created in June of 1982.ഀ The Arterial Business district zoning was applied to the sevenഀ properties listed below:ഀ Propertyഀ Vail Associatesഀ Holy Crossഀ Texacoഀ Voliterഀ Approximate Site Areaഀ 139,392 square feetഀ 60,934 square feetഀ 39,204 square feetഀ 43,560 square feetഀ - 2 -ഀ Wഀ Glen Lyonഀ Chevronഀ nഀ 74,052 square feetഀ 39,204 square feetഀ Town of Vail 43,560 square feetഀ All of the properties that were rezoned to the Arterialഀ Business district in 1982 had had heavy service zoning exceptഀ for the Glen Lyon Office property. The Heavy Service zoneഀ district is intended to provided sites for:ഀ "automotive-oriented uses and for commercial service usesഀ which are not appropriate in other commercial districts.ഀ Because of the nature of the uses permitted and theirഀ operating characteristics, appearance, and potential forഀ generating automotive and truck traffic, all uses in theഀ heavy service district are subject to the conditional useഀ permit procedure." (Town of Vail Code Section 18.30.010)ഀ As an example, some of the conditional uses that are allowed inഀ the Heavy Service district include automotive service stations,ഀ machine shops, trucking terminals and truck service stations,ഀ warehouses, woodworking and cabinets shops, building materialsഀ supply stores, and commercial laundry and cleaning services.ഀ After reviewing previous staff memos and the ordinance for theഀ new Arterial Business district, it is evident that the ABDഀ zoning was created to provide an incentive to upgrade thatഀ portion of Vail from the Vail Associates service yard to theഀ Glen Lyon Office Building. This area was considered to be aഀ major entry way for both Lionshead and Cascade Village. Theഀ new ABD zoning was proposed in order to allow for a transitionഀ zone between Lionshead and Cascade Village. Ordinance No. 5,ഀ establishing the ABD zone, statesഀ "because the character of the general area . hasഀ changed to make it more appropriate for business andഀ office uses rather than heavy service uses, the Townഀ Council is of the opinion that it would benefit theഀ general welfare and public interest to establish a newഀ arterial business district."ഀ Traffic congestion was a primary concern during the discussionഀ of the new zone district. A circulation and access plan forഀ the ABD area was required in order to alleviate trafficഀ congestion. Also, many of the heavy service uses whichഀ generated high traffic counts were eliminated.ഀ - 3 -ഀ •ഀ III. BACKGROUND ON MICRO-BREWERIESഀ The staff has completed research on micro-breweries to gain aഀ better understanding of how the use functions and the impactsഀ associated with such a use. The staff looked at the Boulderഀ Brewery, a brewpub ordinance in Denver, and also talked withഀ planners in Seattle. The following summary outlines theഀ information gained from this research.ഀ A. Boulder Breweryഀ The staff visited the Boulder Brewery. In general, micro-ഀ breweries are considered to be breweries that have a maximumഀ capacity of 20,000 barrels per year. A barrel is equivalent toഀ 31 gallons. The Boulder Brewery is considered to be a micro-ഀ brewery as its capacity is 10,000 barrels per year. Theഀ building is approximately 16,000 square feet with the abilityഀ to expand. 46 parking spaces are provided. The micro-breweryഀ also includes a small restaurant of approximately 1,000 squareഀ feet. The brewery requires 30 full-time employees. The beerഀ is distributed throughout the country. Most of the beer isഀ bottled as opposed to kegged. This information was given to usഀ by Mr. Joe Sanchez, who was the developer, and who is now theഀ Chief Executive Officer for the Boulder Brewery.ഀ In respect to zoning, the staff talked with Mr. John Fernandezഀ from the City of Boulder Planning Office. The brewery wasഀ developed by right as the site is located in an industrial zoneഀ district. The surrounding uses are primarily office and lightഀ manufacturing. The project was considered to be a use thatഀ could draw tourists to Boulder. The only Planning Commissionഀ review that was required concerned a height variance for theഀ structure. Covenants were used to address parking. The siteഀ had planned unit development (PUD) requirements forഀ landscaping, access, etc. The PUD requirements are similar toഀ our special development district requirements.ഀ John Fernandez stated that the primary issue with the projectഀ was the restaurant associated with the brewery. In theഀ industrial zone district, restaurants are limited to serve theഀ immediate area. Their was a concern that the restaurant mightഀ draw too many people outside the immediate business area. Johnഀ Fernandez considered the project positive. Not only has theഀ brewery become a tourist attraction, it has also provided aഀ high number of manufacturing/processing jobs in Boulder. Heഀ stated that so far there have been no complaints about theഀ brewery.ഀ Staff also contacted Mr. Frank Gray, who was the Planningഀ Director, at the time the brewery was approved. He consideredഀ - 4 -ഀ ഀ Iഀ Eഀ the use to be "fairly innocuous". He stated that the twoഀ biggest concerns he would have in reviewing a micro-breweryഀ would be the amount of truck traffic and loading associatedഀ with the use as well as the tasting room capacity. He feltഀ that the tasting rooms can become a big draw for visitors andഀ that parking should be looked at closely given the numbers ofഀ potential visitors.ഀ The Health Department was also contacted in Boulder. Theyഀ stated that they had not received any complaints about theഀ micro-brewery that they could recall.ഀ B. Denver Brewpubഀ Denver has recently written a new ordinance allowing brewpubs.ഀ There is no limit on brewing capacity. However, no more thanഀ 30% of the product may be sold off the premises. Twentyഀ percent of the gross floor area of the operation can be devotedഀ to the brewing area. The intent of the wording was to insureഀ that the use operated primarily as a "an eating place."ഀ The brewpubs are allowed as a permitted use in the districtsഀ below: (Denver Ordinance No. 542 Series of 1988)ഀ 1. Central Business District. "Permits business/officeഀ and light industrial uses, along with residential andഀ educational uses. .ഀ 2. Business Restoration'Zone. "This district isഀ intended to preserve and improve older structuresഀ that are architectually and/or historicallyഀ significant; allows light industrial, general retail,ഀ wholesale services, offices and height densityഀ residential uses. . .Itഀ 3. Intensive General Business. "Very high densityഀ residential district. This district primarily, forഀ activity centers, provides a concentration ofഀ retailing, personal and business services, as well asഀ residential and cultural uses at a necessaryഀ intensity to efficiently be used by mass transitഀ facilities. . .71ഀ 4. General Industrial District. "Allows manyഀ manufacturing, warehousing, and wholesalingഀ activities, along with limited retail and serviceഀ uses for the benefit of area employees.ഀ 5. Heavy Industrial District. "Allows allഀ manufacturing, warehousing, wholesaling, and mineralഀ - 5 -ഀ 4 0ഀ extraction activities. Limited retail and serviceഀ uses for the benefit of area employees.ഀ The ordinance was written specifically to address a request toഀ locate a brewpub in the lower downtown area by Union Station.ഀ The name of the brewpub is the Wyncoop Brewery. The restaurantഀ is in place and the brewery is in the-process of being added toഀ the restaurant.ഀ The staff talked with Mr. Merlin Logan at the Department ofഀ Zoning Administration for the City of Denver. He stated thatഀ the staff decided that limiting capacity was not their biggestഀ concern. The impact of trucking was the primary concernഀ related to the proposal. For this reason, they limited theഀ sale of beer off-premises to 30%. The size of the brewery'sഀ operation area has also been limited to 20% of the totalഀ brewpub's square footage, which also limits capacity to a greatഀ extent. This approach is different from the Boulder Brewery inഀ that the emphasis is really on the restaurant operation. Theഀ brewing is considered to be an accessory use to theഀ restaurant.ഀ C. Seattleഀ Under Seattle zoning, a micro-brewery is considered a lightഀ manufacturing use or processing use which has "little or noഀ potential for environmental impacts." (Mr. John Skelton fromഀ the Seattle Department of Construction and Land Use.) 20,000ഀ barrels per year is the capacity limit for a micro-brewery.ഀ Micro-breweries are permitted uses in Neighborhood Commercialഀ II, Neighborhood Commercial III, and Commercial I & II Zoneഀ Districts. Micro-breweries are not allowed in Neighborhoodഀ Commercial I Zone Districts, which are the least intensive ofഀ the commercial zones. The size of the use is limited to 5,000ഀ square feet in the Neighborhood Commercial II Zone District andഀ 10,000 square feet in Neighborhood Commercial III. Inഀ Commercial I and Commercial II zone districts, there are noഀ size limits. In the commercial zones listed above, the otherഀ types of uses that are allowed as permitted or conditional usesഀ include retail sales and services, restaurants, lodging (in theഀ higher intensity commercial zone districts), offices,ഀ entertainment, warehouse, food processing, research andഀ development laboratories, institutions, and residential single-ഀ family and multi-family.ഀ John Skelton from the Construction and Land Use Department,ഀ stated that they had not received any complaints about micro-ഀ breweries and their compatibility with office and residentialഀ uses. The Central Environmental Health Department was alsoഀ contacted. Their opinion was that they had not received anyഀ complaints, to the best of their knowledge.ഀ - 6 -ഀ © Oഀ The two departments expressed the general opinion that theഀ micro-brewery use is compatible with office and other retailഀ uses, and residential. It should be pointed out that theഀ Seattle Zoning Code also has very strict requirements for howഀ these uses are developed on a property. Landscaping, locationഀ of parking, environmental impacts, separation of uses, andഀ traffic are carefully studied for each project. (Please seeഀ attached research on micro-breweries from the Seattle Zoningഀ Department.)ഀ 4. Portlandഀ Portland regulates a brewpub as though it were basically aഀ brewery with an accessory use of a restaurant. The brewpubsഀ are allowed in general commercial and light industrial zonesഀ and are limited to 10,000 square feet of gross floor area. Theഀ restaurant area is not considered part of the 10,000 squareഀ feet. The regulations do not allow objectionable odors to beഀ generated. Portland has seven brewpubs. (This information wasഀ obtained from the Denver Planning Office. The contact personഀ was Peggy Skulnack in Portland.)ഀ Summaryഀ The research indicates that there are various ways to defineഀ micro-breweries. The Boulder Brewery emphasizes off-siteഀ distribution and the brewing process. The restaurantഀ associated with the Boulder Brewery is really only an accessoryഀ use to the primary micro-brewery operation. In respect toഀ Denver, the restaurant use is the primary function of the brewഀ pub. Off-site sales are restricted. In Portland, the City hasഀ taken the opposite tact, and considers a brewpub to really be aഀ brewery with an accessory restaurant. In all cases, it appearsഀ that the environmental impacts of micro-breweries or brewpubs,ഀ such as air and water pollution, can be considered to beഀ minimal or non-existent. However, in discussing micro-ഀ breweries with many people, the biggest concern was the amountഀ of truck traffic generated by the use. The issue of providingഀ adequate enclosed storage, trash, and delivery areas is alsoഀ very important. This was particularly evident when the staffഀ visited the Boulder Brewery. The owner agreed that moreഀ loading and delivery area was necessary for their breweryഀ operation.ഀ Staff believes that the conditional use approach for the micro-ഀ brewery use is appropriate as traffic generation , loading andഀ delivery, trash, storage, and environmental impacts can beഀ studied thoroughly with this review process.ഀ - 7 -ഀ © 4ഀ IV. EVALUATION OF THE ENVIRONMENTAL IMPACT REPORTഀ The applicant has submitted an environmental impact report forഀ the micro-brewery use. The report was completed by RBDഀ Engineering Consultants. RBD has analyzed the potentialഀ impacts from the micro-brewery having a capacity of 7,500ഀ barrels of beer per year. The following paragraphs summarizeഀ the types of potential impacts that were studied in the EIR:ഀ (Please see pages 30,31,35,36, and 44 of the EIR.)ഀ A. Waterഀ Total water required for maximum production per yearഀ would be 1,395,000 gallons or approximately 4.298ഀ acre feet. Of the 1,395,000 gallons, 232,500 gallonsഀ would be consumed as product and the remainingഀ 1,162,000 would be returned to the stream through theഀ sanitary sewer system or, in very small quantities,ഀ be discharged into the atmosphere in the form ofഀ water vapor. Actual consumptive use at maximumഀ production per year will be 232,500 gallons ofഀ product.ഀ In a phone conversation with Fred Haslee from theഀ Upper Eagle Valley Water and Sanitation District onഀ October 21st, he stated that the increased demand forഀ water for the 5,000 versus 7,500 barrel capacity wasഀ insignificant and the UEVWSD was fully capable ofഀ handling these 7,500 barrel capacity brewery. Theഀ district is writing a letter to confirm theirഀ approval.ഀ The Colorado Department of Health requires thatഀ chlorine be added to public water supplies forഀ disinfection and that a residual amount be measurableഀ at the tap of an end user. This chlorine residualഀ must be removed prior to the water entering into theഀ brewing process. Removal of chlorine is a veryഀ simple process and can be accomplished by filteringഀ through charcoal. Ozonation may be desirable afterഀ filtration just to add a little bit more "sparkle"ഀ to the water and further reduce the taste and color.ഀ B. Waste Waterഀ It is proposed that the 1,162,500ഀ 96,875 gallons per month will beഀ treated by the Upper Eagle Valleyഀ Sanitation District.ഀ gallons per year orഀ required to beഀ Consolidatedഀ - 8 -ഀ o •ഀ The EIR states that the biggest concern is that largeഀ volumes of waste water not be discharged during shortഀ periods of time, especially during peak periods.ഀ 3,875 gallons of waste water will be released duringഀ and after each brewing process. The release is notഀ immediate. 80% of that water is used for clean-upഀ and is released throughout the brewing process andഀ takes approximately four hours. The remaining 20%ഀ comes from the draining of the brewing equipmentഀ itself in approximately 90 minutes. Clean-up waterഀ would then enter the sewage system at the rate ofഀ 12.92 gallons per minute and waste water would enterഀ at 8.61 gallons per minute. Even both dischargesഀ occurring simultaneously would amount to 13.8 gallonsഀ per minute, a rate that could be easily absorbed byഀ the district at any time of day.ഀ The EIR also identifies biological oxygen demand as aഀ second concern related to waste water. BOD is aഀ measurement of the strength of the waste water and,ഀ therefore, a measurement of the magnitude of theഀ treatment prior to releasing back into the stream.ഀ In the Vail area, 250 milligrams of BOD is consideredഀ average strength. Effluent from a micro-brewery isഀ normally less than 250 milligrams per liter and needsഀ no pre-treatment or additional treatment by theഀ district. Even though micro-breweries discharge lessഀ than 250 per liter of BOD, they are normallyഀ classified as an industrial discharger by mostഀ districts and are subject to a monitoring program.ഀ The Upper Eagle Valley Consolidated Sanitationഀ District may want to require a manhole on the breweryഀ sewer service line so that they can sample BOD.ഀ C. Spent Grainsഀ At the end of the brewing process, a solid productഀ consisting primarily of spent grain results. Theseഀ solids are strained or filtered off and de-watered byഀ equipment contained within the brewery. They areഀ collected in a hopper and routinely checked in aഀ vehicle the size of a pick-up and sold for aഀ beneficial use such as cattle feed.ഀ D. Air Emissions/Odorഀ In discussions with various agencies in Boulder whereഀ a micro-brewery exists, there have never beenഀ complaints registered regarding stack emissions.ഀ Odors are similar to those of baking bread because ofഀ - 9 -ഀ 0 4ഀ the malt and are very weak. With the brewery stackഀ designed as an architectural element of the buildingഀ at a height of surrounding ridge lines and care notഀ to begin a brewing process during an identifiedഀ temperature inversion, emissions should goഀ undetected.ഀ E. Loading and Deliveryഀ A micro-brewery has a high demand for loading andഀ delivery. This issue has been discussed under theഀ staff research section of the memo.ഀ F. Noiseഀ The major sources of noise are anticipated to be theഀ bottling phase of the operations and the process ofഀ loading and delivery. The bottling will be totallyഀ enclosed and will not produce external noise. Allഀ loading docks are also enclosed.ഀ G. EIR Summaryഀ The report states that all information available onഀ micro-breweries "indicates that the process used isഀ totally different than that of a large-scaleഀ industrial brewery. The sounds and smells associatedഀ with an industrial brewery do not exist. Because ofഀ this, the fact that the water and sanitationഀ districts can provide service and the minimalഀ emissions into the atmosphere, the proposed Vailഀ Brewery is totally compatible with the Cascadeഀ Village neighborhood."ഀ V.ഀ EVALUATION OF THIS REQUESTഀ A. Suitability of Existing zoningഀ Staff believes that the Arterial Business district isഀ appropriate for the micro-brewery use. The mixed-useഀ nature of the Arterial Business zone district will beഀ compatible with a micro-brewery. The fact that theഀ micro-brewery is a tourist related, light industrialഀ use generating no significant environmental impactsഀ makes the use acceptable in this zone district. Aഀ tourist-related use is also appropriate as this areaഀ is considered to be a transition zone betweenഀ Lionshead and Cascade Village - two guest-orientedഀ areas of the community. From staff research, it isഀ - 10 -ഀ e sഀ apparent that a micro-brewery use with certainഀ limitations is compatible with office, retail, andഀ residential uses.ഀ B. Is the Amendment Proposal Presenting a Convenientഀ Workable Relationship AmongLand Uses Consistent withഀ Municipal Objectives?ഀ The Arterial Business district has very strictഀ standards for landscaping, parking, and access whichഀ will insure that the micro-brewery use is compatibleഀ with the other land uses in the zone district.ഀ It is felt by staff that the conditional use criteriaഀ are adequate to address the impacts associated withഀ the micro-brewery use. Conditional use criteriaഀ include:ഀ 1. Relationship and impact of the use onഀ development objectives of the Town.ഀ 2. Effect of use on the light and air, distributionഀ of population, transportation facilities,ഀ utilities, schools, parks, and recreationഀ facilities, and other public facilities.ഀ 3. Effect upon traffic with particular reference toഀ congestion, automotive and pedestrian safety andഀ convenience, traffic flow and control accessഀ maneuverability, and removal of snow from theഀ streets.ഀ 4. Effect upon the character of the area in whichഀ the proposed use is to be located including theഀ scale and bulk of the proposed use in relationഀ to surrounding uses.ഀ 5. Such other factors and criteria as theഀ Commission deems applicable to the proposedഀ use.ഀ 6. The environmental impact report concerning theഀ proposed use if an environmental impact reportഀ is required.ഀ These criteria will address the primary concernsഀ related to the micro-brewery use which really comeഀ down to parking, and adequate enclosed loading,ഀ trash, and storage areas for the use. Staff alsoഀ believes that each micro-brewery proposal must beഀ required to submit an environmental impact reportഀ - 11 -ഀ u01ഀ 0ഀ which will specifically address the environmentalഀ impacts from that particular micro-brewery.ഀ C.. Does the Amendment Proposal Provide for the Growth ofഀ an Orderly and Viable Community?ഀ The micro-brewery is considered to be a positive useഀ which will benefit the orderly growth and viabilityഀ of the Vail community. The micro-brewery has a greatഀ potential to become a guest attraction which theഀ staff feels is very positive for Vail as we are aഀ resort community. The environmental impact reportഀ has determined that there are no major environmentalഀ impacts from this request which would make itഀ incompatible with the development quality in Vail.ഀ VI.ഀ APPLICABLE TOWN OF VAIL DEVELOPMENT POLICIESഀ General Growth/Developmentഀ .I:1 Vail should continue to grow in a controlledഀ environment, maintaining a balance betweenഀ residential, commercial, and recreational uses toഀ _ serve both the visitor and the permanent resident.ഀ 1,:2 The quality of the environment including air, water,ഀ and other natural resources should be protected asഀ . J' the Town grows.ഀ Skier/Tourist Concernsഀ 2,.4 The community should improve summer recreational andഀ :c cultural opportunities to encourage summer tourism.ഀ _-_5 The community should improve non-skier recreationalഀ options to improve year-round tourism.ഀ Commercialഀ :3.:A Commercial growth should be concentrated in existingഀ commercial areas to accommodate both local andഀ visitor needs.ഀ -3-1.5 Entertainment oriented businesses and culturalഀ activities should be encouraged in the core areas toഀ create diversity. More night time businesses, on-ഀ going events and sanctioned "street happenings"ഀ should be encouraged.ഀ - 12 -ഀ 0 C?ഀ VII. STAFF RECOMMENDATIONSഀ The Community Development Department recommends approval of theഀ request. We believe that the Environmental Impact Report andഀ additional staff research indicate that there are no majorഀ environmental impacts due to the proposed micro-brewery use.ഀ The research does indicate that adequate enclosed loading andഀ delivery as well as trash areas must be reviewed closely on aഀ project by project basis. We believe that the conditional useഀ review will allow for this type of specific analysis.ഀ We also support changing the Purpose Section of the Arterialഀ Business District to allow for tourist related light industrialഀ uses. We feel that it is important to make sure that theഀ Purpose Section of the Arterial Business Zone District isഀ consistent with the permitted uses and conditional uses allowedഀ under the district. The staff considers light industrial usesഀ to have absolutely no noticeable environmental impacts and theഀ fact that the light industrial use must be tourist related willഀ be positive for the community.ഀ 13ഀ 1ഀ To: Community Development Departmentഀ From: Peter Jamarഀ Date: October 21, 1988ഀ Re: Cascade Village/ Micro-Breweryഀ 0ഀ The major changes resulting from a 7,500 barrel/year versus aഀ 5,000 barrel/year micro-brewery at Cascade are the quantitiesഀ related to waste and sewer impacts.ഀ CHANGES TO EIR:ഀ PAGE 30, Water and Sewer:ഀ 1. Total water required for maximum production per year increasesഀ from 930,000 gallons to 1,395,000 which is 4.298 acre feet.ഀ 2.ഀ The 155,000ഀ gallonsഀ consumed as productഀ increases to 232,500.ഀ 3.ഀ Therefore,ഀ 1,162,500ഀ is returned to theഀ stream.ഀ 4. Consumptive use is then equal to 232,500 gallons rather thanഀ 155,000 gallons-which is still very small and incidental comparedഀ to Vail's total water supply and demand.ഀ PAGE 31, Sewer Dischargeഀ 1. 1,162,500 gallons per year of wastewater will be discharged orഀ 96,875 gallons per month. This equates to 3875 gallons per brewഀ and would enter the sewage system at 12.92 gallons per minuteഀ ("clean-up" water) and 8.61 gallons per minute for wastewater.ഀ The total would be 21.5 gallons per minute during the brewingഀ process.ഀ 2. The BOD does not change.ഀ PAGE 44, Loading and Deliveryഀ 1. The amount of hops, yeast, and barley needed does not changeഀ significantly and the major change here is that Andy Norris hasഀ determined that no tractor-trailers will deliver directly to theഀ site and that these raw materials will be located off-siteഀ (probably Minturn) and only the smaller 22 foot vehicles willഀ visit the Glen Lyon site.ഀ I hope these new numbers help you. For our conditional use permitഀ application we can provide an updated letter from upper Eagleഀ Valley Water and Sanitation if needed.ഀ lab. The vote.was 4-0 to uphold the staff decision.ഀ 3. A request to amend Special Development District 4, Area Dഀ to allow a micro-brewery, office expansion, parkingഀ structure and residential unitsഀ andഀ A request for a conditional use permit to allow a microഀ brewery on the Glen Lyon Office propertyഀ Applicant: Glen Lyon Office Building, Inc.ഀ Kristan Pritz summarized the requests per the very completeഀ staff memos concerning the project. Beginning with the requestഀ for the amendment, she compared the proposed development to theഀ Arterial Business Zone District, stating that only in the areasഀ of height, setbacks and landscaping were there any deviations.ഀ Kristan then reviewed the design criteria for Specialഀ Development Districts, stating that the proposal provided forഀ significant upgrading of the existing development on the site,ഀ it provided for a mix of uses, and served as a transition zoneഀ between Lionshead and Cascade Village.ഀ Parking and loading was explained and a report by TDA Coloradoഀ concerning "Parking Demand Analysis and Parking Managementഀ Plan" was discussed. Kristan then explained how the projectഀ conformed to applicable elements of the Vail Comprehensiveഀ Plan, Town policies and the Urban Design Plans and went on toഀ discuss the applicable geological hazards.ഀ The memo also dealt with the site planning, circulation system,ഀ landscaping, and phasing of the work on the project. The staffഀ recommendation was for approval of the amendment to Area D withഀ the stipulation that the owner agree in writing to theഀ following conditions which shall be recorded by the Town ofഀ Vail Clerk at the Eagle County Assessor's office within 30 daysഀ after the Town Council's final approval of the SDD ordinance:ഀ 1. The owner shall agree to construct the bus shelter perഀ Town of Vail standards. The bus shelter will beഀ constructed subsequent to the issuance of a buildingഀ permit and prior to the issuance of a temporaryഀ certificate of occupancy for either the brewery addition,ഀ office expansion, east office building, or parkingഀ structure.ഀ 2. The owner shall relocate the bike path and provide a bikeഀ path easement across the Glen Lyon property and CDOHഀ property. The bike path shall be constructed per Town ofഀ Vail standards. The bike path shall be constructedഀ subsequent to the issuance of a building permit and priorഀ to the issuance of a temporary certificate of occupancyഀ for either ;;the brewery addition, office expansion, eastഀ office building, or parking structure. Such temporaryഀ certificate of occupancy shall be conditional uponഀ construction of the bike path provided for herein.ഀ • 0ഀ 3. The owner shall provide an employee housing agreement forഀ the two employee housing units in the east officeഀ building. This agreement shall be provided to the Town ofഀ Vail before a temporary certificate of occupancy isഀ released for the two employee housing units or the freeഀ market dwelling unit. The agreement shall include theഀ same provisions as outlined in the employee housingഀ agreement for Area A.ഀ 4. The parking and access to the property shall be managedഀ per the TDA Parking Report, p. 6-7, August 10, 1988 by theഀ owner of the property.ഀ 5. The owner shall underground the electrical utilities alongഀ the north side of the Glen Lyon property from theഀ northwest corner of the property to the northeast cornerഀ of the property. This utility work shall be constructedഀ subsequent to the issuance of a building permit and priorഀ to the issuance of a temporary certificate of occupancyഀ for the brewery addition, office expansion, east officeഀ building or parking structure. The undergrounding of theഀ utilities is contingent upon Holy Cross approving theഀ work.ഀ 6. The 20 foot utility easement on the western portion of theഀ property shall be relocated as well as approved by theഀ Town of Vail before a building permit is released for theഀ micro-brewery addition.ഀ 7.. The owner of the Glen Lyon Office property shall not fileഀ any remonstrance or protest against the formation of aഀ local improvement district or other financing mechanismഀ approved by the Vail Town Council which may be establishedഀ for the purpose of building road improvements to the Southഀ Frontage Road.ഀ 8. The owner shall provide a fire hydrant per Town of Vailഀ Fire Department requirements on the northwest portion ofഀ the property. The fire hydrant shall be providedഀ subsequent to the issuance of a building permit and priorഀ to the issuance of a temporary certificate of occupancyഀ for either the brewery addition, office expansion, eastഀ office building, or parking structure.ഀ The staff also recommended that the Design Review Board look atഀ the following issues related to this project:ഀ 1. Pedestrian access from the east side of the structure toഀ the east office building should be required.ഀ 2. The pedestrian path from the parking structure to theഀ brewery entry should be located on Glen Lyon property.ഀ J Aഀ eഀ 3. One additional loading space should be provided for theഀ main office building in the parking structure.ഀ 4. Substantial landscaping should be planted adjacent to theഀ north and south sides of the parking structure.ഀ Kristan then explained the request for the conditional useഀ permit for the micro-brewery. Statements were read from theഀ applicant's proposal describing the micro-brewery operations,ഀ including the fact that there would not be any tractor/trailersഀ permitted at the brewery. Kristan then reviewed criteria andഀ findings for a conditional use permit as well as theഀ environmental impact report. She also presented a letter toഀ the board from CDOH concerning the South Frontage Road andഀ traffic impacts.ഀ The staff recommended approval with the following conditions:ഀ 1. The owner shall provide a man-hole on the brewery serviceഀ line to that the Upper Eagle Valley Consolidatedഀ Sanitation District may monitor BOD strength.ഀ 2. The brewery management shall not operate the brewingഀ process during temperature inversions. It shall be theഀ brewmaster's responsibility to monitor inversions.ഀ 3. The trash compactor and trash storage area shall beഀ completely enclosed. The management of the brewery shallഀ not allow any trash to be stored in an unenclosed area.ഀ 4. The owner of the property and brewery management shallഀ agree in writing that semi-truck traffic to the Glen Lyonഀ office site shall be prohibited. The only truck loadingഀ that shall be allowed to the site for the brewery or anyഀ other uses on the site will be vans having a maximum sizeഀ of 22'.ഀ 5. The owner of the Glen Lyon Office property shall not fileഀ any remonstrance or protest against the formation of aഀ local improvement district or other financing mechanismഀ which may be established for the purpose of building roadഀ improvements to the South Frontage Road.ഀ 6. The owner shall utilize protective measures duringഀ construction to prevent soil erosion into Gore Creek.ഀ Andy Norris, representing the applicant, stated that he felt anഀ improvement to the South Frontage Road should be a joint effortഀ including the applicant, CDOH, the Town of Vail and the otherഀ adjacent property owners. Peter Jamar, author of the EIR wasഀ also present. Peter Patten stated Andy that to not remonstrateഀ as written in condition number 5 meant basically to agree toഀ pay his share.ഀ ഀ Peggy asked where people would walk from the bus stop and Andyഀ said the applicant would construct a path to connect the busഀ shelter to the brewery along the South Frontage Road. Peggyഀ wondered who would know when there would be an inversion, andഀ was told that it was the respsonsibility of the brewmaster toഀ not brew during an inversion. Andy stated that this was waterഀ vapor, not pollution, and that the reason for not brewingഀ during inversions was merely because of the odor created.ഀ Kristan stated that the brewmaster should set up a meeting withഀ the Environmental Health Officer to discuss the inversionഀ issue. She emphasized that it is ultimately the brewery'sഀ responsibility to not brew during inversions. Andy stated thatഀ the brewery could remove the odor by using device on the waterഀ vapor stack.ഀ Peggy felt that it was important to have as much landscaping asഀ possible along the parking structure. Bryan felt that Peggyഀ had covered all the important points. Jim Viele refrained fromഀ commenting due to a conflict of interest.ഀ Peggy moved to recommend to Town Council approval of theഀ requested amendment per the staff approval and with an addedഀ item for the DRB that there must be substantial landscapingഀ along the parking structure. Bryan seconded the motion andഀ the vote was 3 in favor, none against, with Jim abstaining.ഀ Peggy then moved to approve the conditional use request toഀ allow the micro-brewery per the staff memo with an addedഀ condition #6 that states: The owner shall utilize protectiveഀ measures during construction to prevent soil erosion into Goreഀ Creek. Bryan seconded the motion and the vote was 3 in favor,ഀ none against, with Jim abstaining.ഀ Item 4, Vail Valley Medical Center was withdrawn.ഀ 5. A request to amend theഀ ?lan to add anഀ tic/tennis complex.ഀ icants: Town of Vail and Vail Metropolitanഀ on District.ഀ Kristan Pritz described the proposed change to the Ford Parkഀ Master Plan. It concerned the northeast area of Ford Parkഀ which presently was to be developed for an aquatic facilityഀ with associated parking. All three softball fields wouldഀ remain on the park. The tennis courts would be removed toഀ allow for the pool and be relocated at Golden Peak.ഀ With the changes at Golden Peak, the VMRD board wished toഀ relocate as many of their courts on public land as possible toഀ ensure that they would be available for the public in theഀ future. Two phases were proposed. Phase One would allow forഀ 4ഀ TO: Town Councilഀ FROM: Community Development Departmentഀ DATE: November 1, 1988ഀ SUBJ: An ordinance to amend the Arterial Business Zoneഀ District to allow micro-breweries as a conditionalഀ use.ഀ Applicant: Vail Ventures, Ltd. and Glen Lyon Officeഀ Building, Inc., a Colorado Partnershipഀ PEC Decision: Approvalഀ On October 24, 1988, the Planning and Environmental Commissionഀ reviewed the request to amend the Arterial Business district toഀ allow micro-breweries as a conditional use. The Purpose andഀ Conditional Use Sections of the Arterial Business zoneഀ district, as well as the definition section, for the Town ofഀ Vail Municipal Zoning Code must be amended to allow for theഀ use.ഀ The Planning Commission voted for approval of the request withഀ the condition that the staff reword the amendment to theഀ Purpose Section to emphasize that the light industry must beഀ clearly associated with tourist-related activities. Jim Vieleഀ abstained from voting on the request due to his involvementഀ with the Glen Lyon Office Building.ഀ i PEC Commentsഀ The commissioners made the following comments about theഀ request:ഀ r-ഀ terfos questioned whether you could really determineഀ when an inversion occurred. Kent Rose, engineer for theഀ 1 project, sta ed that you could not really determine when anഀ inversion would occur. This question was raised due to theഀ fact that the Environmental Impact Report states that "with aഀ boiler stack designed as an architectural element of theഀ building at a height of surrounding ridge lines and care not toഀ begin a brewing nroc___ e=mss during an _ dentif- ed temperatureഀ inversion, emissions from the brewery should o undetected."ഀ (Environmental I-mpaCt--Report, Jamar Associates--& RBI ngineers,ഀ page 36.)ഀ Diana Donova estioned whether or not the sewer system wouldഀ over oad ue to the waste water discharge from the brewery.ഀ C She was particularly concerned about peak use periods duringഀ the winter. Kent Rose stated that the waste water is actuallyഀ being discharged below the Upper Eagle Valley Water andഀ ~ vഀ Sanitation District plant on Forest Road. The waste waterഀ discharge from the micro-brewery will have no impact on theഀ waste water capacity for the sanitation plant on Forest Road.ഀ He stated that Avon has the capacity to handle this wasteഀ water.ഀ Diana also mentioned that loading and delivery is a concern,ഀ e felt that it would need to be looked at closely duringഀ the conditional use review for a micro-brewery.ഀ Sid Schul questioned whether or not the public service yardഀ be taken out of the Arterial Business zoneഀ district.ഀ Pam Hop ik ns/stated that she felt that parking needed to beഀ oked -ate closelY for this type of use.ഀ Date of Applicationഀ Date of PEC Meetingഀ APPLICATION FOR CONDITIONAL USE PERMITഀ I. This procedure is required for any project required to obtain a conditionalഀ use permit.ഀ The application will not be accepted until all information is submitted.ഀ A.ഀ NAME OFഀ APPLICANT_ഀ L9L.E,~ഀ Gyeiyഀ C~~'~'fG,~ b7u, Ly„vim D Cഀ O~D f~ഀ ~s~ഀ -ഀ ADDRESSഀ fpoഀ .ഀ sഀ ,sഀ 1/6,1 PHONE 1 Co. (0(00v,ഀ B. NAME OF APPLICANT'S REPRESENTATIVE ~ഀ ADDRESS_ 10q2 , ~ A2.1 , 0ഀ X vഀ PHONE 66_0~;ഀ C. NAME OF OWNER(S) (prinഀ OWNER(S): SIGNATURE(S)ഀ ADDRESS_ CODv S, ewk 1,,s, P-4, (,Jഀ `f/ PHONE -(O (vO?~ഀ D. LOCATION OF PROPOSAL: LEGAL- LOT BLOCK FILINGഀ ADDRESS l DOD Sഀ E. FEE $100 PAID LOC, .ഀ o CK 23 BYC~I. l.~c~lLDC=~ഀ THE FEE MUST BE PAID BEFORE THE DEPARTMENT OF COMMUNITY DEVELOPMENT WILLഀ ACCEPT YOUR PROPOSAL.ഀ F. A list of the names of owners of all property adjacent to the subject propertyഀ INCLUDING PROPERTY BEHrND AND ACROSS STREETS, and their mailing addresses.ഀ THE APPLICANT WILL BE RESPONSIBLE FOR CORRECT OWNERS AND CORRECT ADDRESSES.ഀ II. PRE-APPLICATION CLAUSEഀ A PRE-APPLICATION CONFERENCE WITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTEDഀ TO DETERMINE IF ANY ADDITIONAL INFORMATION IS NEEDED. NO APPLICATION WILLഀ BE ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALL ITEMS REQUIRED BY THE ZONINGഀ ADMINISTRATOR). IT IS THEAPPLICANT'S RESPONSIBLITY TO MAKE AN APPOINTMENTഀ WITH THE STAFF TO FIND OUT ABOUT ADDITIONAL SUBMITTAL REQUIREMENTS.ഀ PLEASE NOTE THAT A COMPLETE APPLICATION WILL STREAMLINE THE APPROVAL PROCESSഀ FOR YOUR PROJECT BY DECREASING THE NUMBER OF CONDITIONS OF APPROVAL THAT THEഀ PEC MAY STIPULATE. ALL CONDITIONS OF APPROVAL MUST BE COMPLIED WITH BEFORE Aഀ BUILDING PERMIT IS ISSUED.ഀ (bvc r~ഀ . ' %ഀ ' 4ri^.3ഀ II. Four (4) copies of the following information:ഀ A. A description of the precise nature of the proposedഀ use and its operating characteristics, and measuresഀ proposed to make the use compatible with otherഀ properties in the vicinity.ഀ B. A description of how your request commies withഀ Vail's Comprehensive Plan.ഀ C. A site plan showing proposed development of the site,ഀ including topography, building locations, parking,ഀ traffic circulation, useable open space, landscapedഀ areas and utilities and drainage features.ഀ D. Preliminary building plans and elevations sufficientഀ to indicate the dimensions, general appearance,ഀ scale, and interior plan of all buildings.ഀ Cഀ Planning and Environmental Commissionഀ November 28, 1988ഀ 1:30 PMഀ Site Visits 3:00 Public Hearingഀ 1 1. A request for a rear setback varianceഀ for a residence on Lot 3, Casolar Vailഀ Subdivisionഀ Applicant: Donald and Edward Gruidelഀ 2. An appeal of a staff decisionഀ concerning a request to locate skiഀ storage in a photo lab in Commercialഀ Core I.ഀ Appellant: Bridge Street Photo Lab,ഀ Inc.ഀ 2 3.ഀ A request to amend Special Developmentഀ f $ഀ District 4 Area D to allow a microഀ brewery, office expansion, parkingഀ structure and residential unitsഀ andഀ a request for a conditional use permitഀ to allow a micro-brewery on the Glenഀ Lyon Office property.ഀ Applicants: Glen Lyon Officeഀ Building, Inc.ഀ 4.ഀ A r est.for two spe al meetingsഀ with th C for t discussion andഀ review of th 1 Valley Medicalഀ Zഀ Center Expa ionഀ Applican . Vail Vall Medical Centerഀ 3 5.ഀ A request to amend the Ford Parkഀ Master Plan to add an aquatic/tennisഀ complexഀ Applicant: Town of Vail and the Vailഀ Metropolitan Recreation Districtഀ 6.ഀ A request to amend Chapter 18.71 withഀ regard to provisions under whichഀ additional GRFA (250 sf rule) isഀ permitted.ഀ Applicant: Town of Vailഀ C O_ഀ 3. Work session to discuss a proposal to create and enhanceഀ wetlands along Gore Creek specifically Katsos Ranch areaഀ Applicant: Vail Valley Consolidated Water Districtഀ Because the Board had been out to the site and had anഀ explanation made at that time, Jim Viele suggested rather thanഀ repeating this that there just be a summary of the talk andഀ Peter suggested that comments and questions would be good. Pamഀ Hopkins said that she felt that the improvements were excited.ഀ She wished, on a yearly basis, the Town could continue doഀ improvements along the creek. She was also concerned aboutഀ deer crossing from across I-70. Diana Donovan said that sheഀ would like to see the stream look more natural, rather thanഀ have an artificial pond as was suggested during the site visit.ഀ Jim Viele felt that the ideas that had been given them wereഀ good. Bryan said that he would not like to see a square pondഀ that had been drawn by the consultant. Grant Riva wasഀ definitely in favor of reparians, especially in the area of theഀ East Vail exit. He felt that the wetlands across the countyഀ were being diminished and anything would be a help. Joe Macy,ഀ representing Vail Associates, felt that the plan was a veryഀ positive one and an improvement to the stream bank. Dave Mottഀ representing the Vail Valley Consolidated Water District statedഀ that he would like to have two things as an option: 1) to startഀ with re-vegetation on the banks and, then, 2) to finish a pondഀ later if he needed it. Diana Donovan felt that a lot of workഀ could be done on the stream in lieu of building a pond. Theഀ consultant, Oliver , stated that there were many dropഀ structures placed in the stream within the past two weeks. Heഀ felt that there were three more things that they could do: 1)ഀ they could plant vegetation along the banks, 2) they couldഀ build more drop structures, and 3) they would eventually likeഀ to build a pond.ഀ Oliver said this was more a menu of items rather than a hardഀ proposal. Jim Viele said that it was safe to say that theyഀ were all for vegetation on the stream bank. Diana askedഀ whether or not these people had been told about the plan to putഀ a pond in Ford Park. Peter said that he would show them theഀ plan. Jim Viele thanked Dave and Oliver for coming andഀ presenting the item.ഀ 4. A request to amend the Arterial Business Zone District to~ഀ allow micro-breweries as a conditional use.ഀ Applicant: Vail Ventures, Ltd and Glen Lyon Officeഀ Building, Inc., -a Colorado Partnership`ഀ Kristan Pritz presented the request to amend the Arterialഀ Business Zone District. She stated there were 3 items. Theഀ first was to add to the purpose section, tourist-related lightഀ industry; to the conditional uses, a micro-brewery; and toഀ definitions, the definition of a micro-brewery. She gave aഀ background of the Arterial Business District and then aഀ background on micro-breweries she had studied. Kristan thenഀ summarized the Environmental Impact Report submitted by Jamarഀ Associates and RBD. The report addressed water consumption,ഀ waste water, spent grains, air emissions and odor, loading andഀ delivery, and noise. She then evaluated this request regardingഀ suitability of existing zoning, whether the amendment wasഀ presenting a workable relationship and whether the amendmentഀ provided for the growth of an orderly and viable community.ഀ Kristan listed applicable Vail development policies. She endedഀ with the staff recommendation of approval.ഀ Andy Norris, representing the applicants, spoke about the odor.ഀ He said it was created by malt and not yeast. Grant Riva askedഀ Kristan whether or not she had notice an odor when she hadഀ visited the micro-brewery in Boulder. Kristan said that sheഀ did not notice any odor on the outside, but the beer was notഀ being brewed at that time. She did notice an odor inside theഀ brewery. Andy Norris said that the micro-brewery proposedഀ would be limited in size. It would use a brewing batchഀ process six times a week maximum. There would be one batch atഀ noon and possibly a second one in the early evening. RBD,ഀ represented by Kent Rose, indicated that there would be noഀ significant envirionmental impacts due to the micro-brewery.ഀ Peggy Osterfoss felt that it was important that the focus ofഀ the brewery be an activity for tourists, rather than for theഀ production of beer and ale. Peggy suggested changing theഀ wording of tourist related light industry to emphasize that theഀ use must be directly related to tourist activities. Peggy thenഀ asked how one could identify temperature inversions. Kentഀ Rose, engineer for RBD, said one couldn't; Aspen had tried andഀ they couldn't do it. He estimated that there were six to tenഀ days out of the year when Vail had a temperature inversion.ഀ This question was raised due to the fact that the Environmentalഀ Impact Report referred to brewing during an identifiedഀ temperature inversion.ഀ Diana shared Peggy's concern of the definition tourist-related.ഀ She thought perhaps the definition should be expanded. Dianaഀ was also concerned about the waste water at the maximumഀ discharge. Kent explained that this would not affect the Vailഀ sanitation plant because the waste water entered the sanitationഀ system below the Vail plant. He also explained that theഀ brewery contributed a very minimum amount of waste water to theഀ system.ഀ Sid Schultz wondered if public storage yards were anഀ appropriate conditional use. He recognized that storage yardsഀ existed when the zone district was established, but suggestedഀ that the use be changed to non-conforming. Peter felt thatഀ Sid's idea had merit, and this probably could be discussed at aഀ later date.ഀ After more discussion, Diana Donovan moved and Pam Hopkinsഀ seconded to recommend approval to the Town Council to amend theഀ Arterial Business District to allow micro-breweries with a moreഀ specific tourism-related light industry definition. The voteഀ was 6 in favor, one against, and one, Jim Viele, abstaining.ഀ 5. A work sessionഀ the Vail Valleyഀ Applicant: Vaiഀ Dan Feeney explainedഀ thinking about withഀ another work sessionഀ on the request to construct an addition toഀ rഀ a little more about what the hospital wasഀ regard to their addition. There will beഀ on the second Monday in November.ഀ Peter asked about the traffic counts with two additional days.ഀ And Dan Feeney said they did two additional days and they haveഀ done a total traffic counts for four additional days, one ofഀ which was a Saturday. He said on that Saturday, 1000 vehicleഀ trips passed the Fire Station and this counted every type ofഀ vehicle. He said this was 400 less than the Monday throughഀ Friday period. Dan Feeney mentioned that he had submitted aഀ three to four page letter regarding parking and traffic. Peterഀ said that on Friday he had taken a six-hour time lapse movieഀ with a camera on the top of the hospital pointing east. Theഀ results of this would be available in two weeks.ഀ Discussion followed concerning the Doubletree and the hospitalഀ working together on a master plan. Mr. Feeney said that theഀ consultants were meeting now about this. There would be someഀ conclusions at the next Planning Commission meeting. Jim Vieleഀ wondered if one could extrapolate the numbers from the four-dayഀ study to a peak season. And Feeney felt that they probablyഀ could, but he didn't think that they could extrapolate theഀ total number of trips on Meadow Drive.ഀ Peter Jamar, representing the Doubletree, said that he had metഀ with Dan Feeney, Kristan, Rick, and Peter and that theഀ Doubletree was 100% behind the hospital expansion, althoughഀ they did have concerns with current or future proposals. Peterഀ Jamar felt that for the parking structure it did not make senseഀ or was not in anyone's best interest to build a 100% peak parkഀ demand for the hospital day parking and that of the Doubletreeഀ night parking and possibly there could be a combination of theഀ totals. Diana Donovan felt that the next addition must requireഀ getting traffic off of West Meadow Drive. Peggy also felt thatഀ the Vail National Bank and the Town of Vail should be broughtഀ in as part of the master plan. Dan Feeney stated that the Vailഀ National Bank was aware of the planning that the hospital wasഀ doing with the Doubletree and they did indicate an interest.ഀ Jim Viele thanked Dan Feeney for the update.ഀ 6. A request for a special development district and majorഀ subdivision for 9 dwelli.n units on Lots 6 and 7 Block 1ഀ Bighorn Subdivision, 3rd Additionഀ Applicant: Duane Piperഀ This was tabled to November 14th.ഀ Peter Patten however did discuss air alit projectഀ inventory. Peter explained that Susan Scanlan is a staffഀ member directly in charge of the Air Quality Commission. Herഀ background is especially suited to this. They reviewed threeഀ consultants. The contract was for $8,000 and Air Science, Inc.ഀ was selected. Susan then explained the project saying thatഀ they hoped to inventory all emission sources and theirഀ percentage of contribution to pollution. Prime contributionsഀ to the pollution appeared to be wood smoke, sanding of theഀ streets, restaurant grills, and vehicle emissions. She saidഀ the next step was then to try to develop control measures. Pamഀ asked if the inventory would be done over time. And Susan saidഀ it would be done December through January. She wanted to getഀ the results back and get public input while it was still freshഀ in the public's mind.ഀ The next discussion was about highway access in front of theഀ micro-brewery at Glen Lyon. Andy Norris showed a site plan andഀ said that the Highway Department wanted suggestions from theഀ Town. He felt that they did not necessarily need a left orഀ right turn lane. The Highway Department was now going towardഀ using three lanes with the center lane being a turning lane.ഀ The meeting adjourned at 5:15 PM.ഀ A Aഀ dye 148ഀ ccvJ n (3D, Breen. p~3Y~ഀ G-64: Gnrzrnud. aha~,~ clVsഀ P • I~~h4 ~nd~,~r~ r~~ 4ax~~ w~a~ ate ~~;esഀ l~Goan Can ~a~, c~I~y~n.e. pnn inv2-Siasഀ U~ഀ ~uma ~~1s}y~em ~o~~~ b ovrrlaad duE}o Son~f.ഀ ~v~ Hwഀ k, muyf~,ഀ 5~k fib. SeNlce yard s'~.k1~z he ~akw, ~u~,ഀ Pcim ~ Qark~~qഀ Uഀ md;cr, ~~Ma 0om~ഀ ~ Atഀ 4ഀ UJ066--~UJc~u,'( 15 i~ ~J UEVI,USഀ C TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: October 24, 1988ഀ SUBJECT: A request for an amendment to the Arterial Businessഀ zone district to allow micro-breweries as aഀ conditional use.ഀ Applicant: Vail Ventures, Ltd. & Glen Lyon Officeഀ Building, Inc., a Colorado Partnership.ഀ I. REQUESTഀ Vail Ventures, Ltd., and Glen Lyon Office Building, Inc. areഀ requesting to amend the Arterial Business zone district,ഀ Section 18.29 of the Town of Vail Municipal Code, to allowഀ micro-breweries as a conditional use. Two sections of theഀ Arterial Business zone district are proposed to be amended.ഀ The definition of a micro-brewery shall be added to the Town ofഀ Vail Municipal Code's Definition Section as 18.04.253. (Theഀ proposed amendments are typed in all capitals):ഀ Arterial Business Zone Districtഀ Section 18.29.010 Purposeഀ C ' The Arterial Business District is intended to provideഀ sites for office space, public utilities, serviceഀ stations, TOURIST RELATED LIGHT INDUSTRY, and limitedഀ shopping and commercial facilities serving the Townഀ and Upper Eagle Valley residents and guests.ഀ Multiple family dwelling for use as employee housingഀ will be appropriate under specific circumstances.ഀ Arterial Business District is intended to insureഀ adequate light, air, open space, and other amenitiesഀ appropriate to permitted and conditional types ofഀ buildings and uses, and to maintain a convenientഀ (limited) shopping, business, service, andഀ residential environment.ഀ Arterial Business Zone Districtഀ Section 18.29.030 Conditional Uses A.ഀ A. The following conditional uses shall beഀ permitted in the arterial business district,ഀ subject to the issuance of a conditional useഀ permit in accordance with the provisions ofഀ Chapter 18.60:ഀ C Public buildings, grounds and facilitiesഀ Public park and recreation facilitiesഀ Any use permitted by Section 18.29.020 which isഀ not conducted entirely within a buildingഀ Service yardsഀ Public utility and public service uses,ഀ including screened outside storageഀ Multi-family dwellings for the employees of theഀ Upper Eagle Valley as further restricted byഀ Section 18.27.130 of this zone district.ഀ MICRO-BREWERYഀ Definitionsഀ Section 18.04.253ഀ MICRO-BREWERYഀ A MIXED-USE COMMERCIAL OPERATION THAT PROCESSESഀ WATER, MALT, HOPS, AND YEAST INTO BEER OR ALE BYഀ MASHING, COOKING, AND FERMENTING THAT SHALL ALSOഀ INCLUDE AN ON-SITE PUBLIC RESTAURANT AND/OR BAR WHICHഀ SELLS THE BEER PRODUCTS. THE MAXIMUM BREWINGഀ CAPACITY FOR THE MICRO-BREWERY SHALL BE 7,500 BARRELSഀ PER YEAR. A BARREL IS EQUIVALENT TO 31 GALLONS. THEഀ MICRO-BREWERY USE SHALL NOT EXCEED 8,000 SQUARE FEETഀ OF FLOOR AREA, EXCLUDING ENCLOSED AREAS FOR LOADING,ഀ TRASH, AND DELIVERY. THE PUBLIC RESTAURANT AND/ORഀ BAR SHALL HAVE A MINIMUM SEATING AREA OF 2,000 SQUAREഀ FEET AND SHALL BE EXCLUDED FROM THE TOTAL MICRO-ഀ BREWERY MAXIMUM SQUARE FOOTAGE LIMIT.ഀ II. BACKGROUND ON THE PURPOSE OF THE ARTERIAL BUSINESSഀ DISTRICTഀ The Arterial Business district was created in June of 1982.ഀ The Arterial Business district zoning was applied to the sevenഀ properties listed below:ഀ Propertyഀ Vail Associatesഀ Holy Crossഀ Texacoഀ Voliterഀ - 2 -ഀ Approximate Site Areaഀ 139,392 square feetഀ 60,934 square feetഀ 39,204 square feetഀ 43,560 square feetഀ Xഀ C- Glen Lyonഀ Chevronഀ 0ഀ 74,052 square feetഀ 39,204 square feetഀ Town of Vail 43,560 square feetഀ All of the properties that were rezoned to the Arterialഀ Business district in 1982 had had heavy service zoning exceptഀ for the Glen Lyon Office property. The Heavy Service zoneഀ district is intended to provided sites for:ഀ "automotive-oriented usesഀ which are not appropriateഀ Because of the nature of tഀ operating characteristics,ഀ generating automotive andഀ heavy service district areഀ permit procedure." (Townഀ and for commercial service usesഀ in other commercial districts.ഀ he uses permitted and theirഀ appearance, and potential forഀ truck traffic, all uses in theഀ subject to the conditional useഀ of Vail Code Section 18.30.010)ഀ As an example, some of the conditional uses that are allowed inഀ the Heavy Service district include automotive service stations,ഀ machine shops, trucking terminals and truck service stations,ഀ warehouses, woodworking and cabinets shops, building materialsഀ supply stores, and commercial laundry and cleaning services.ഀ After reviewing previous staff memos and the ordinance for theഀ new Arterial Business district, it is evident that the ABDഀ zoning was created to provide an incentive to upgrade thatഀ portion of Vail from the Vail Associates service yard to theഀ Glen Lyon Office Building. This area was considered to be aഀ major entry way for both Lionshead and Cascade Village. Theഀ new ABD zoning was proposed in order to allow for a transitionഀ zone between Lionshead and Cascade Village. Ordinance No. 5,ഀ establishing the ABD zone, statesഀ "because the character of the general area . . . hasഀ changed to make it more appropriate for business andഀ office uses rather than heavy service uses, the Townഀ Council is of the opinion that it would benefit theഀ general welfare and public interest to establish a newഀ arterial business district."ഀ Traffic congestion was a primary concern during the discussionഀ of the new zone district. A circulation and access plan forഀ the ABD area was required in order to alleviate trafficഀ congestion. Also, many-of the heavy service uses whichഀ generated high traffic counts were eliminated.ഀ C III. BACKGROUND ON MICRO-BREWERIESഀ The staff has completed research on micro-breweries to gain aഀ better understanding of how the use functions and the impactsഀ associated with such a use. The staff looked at the Boulderഀ Brewery, a brewpub ordinance in Denver, and also talked withഀ planners in Seattle. The following summary outlines theഀ information gained from this research.ഀ A. Boulder Breweryഀ The staff visited the Boulder Brewery. In general, micro-ഀ breweries are considered to be breweries that have a maximumഀ capacity of 20,000 barrels per year. A barrel is equivalent toഀ 31 gallons. The Boulder Brewery is considered to be a micro-ഀ brewery as its capacity is 10,000 barrels per year. Theഀ building is approximately 16,000 square feet with the abilityഀ to expand. 46 parking spaces are provided. The micro-breweryഀ also includes a small restaurant of approximately 1,000 squareഀ feet. The brewery requires 30 full-time employees. The beerഀ is distributed throughout the country. Most of the beer isഀ bottled as opposed to kegged. This information was given to usഀ by Mr. Joe Sanchez, who was the developer, and who is now theഀ Chief Executive Officer for the Boulder Brewery.ഀ In respect to zoning, the staff talked with Mr. John Fernandezഀ from the City of Boulder Planning Office. The brewery wasഀ developed by right as the site is located in an industrial zoneഀ district. The surrounding uses are primarily office and lightഀ manufacturing. The project was considered to be a use thatഀ could draw tourists to Boulder. The only Planning Commissionഀ review that was required concerned a height variance for theഀ structure. Covenants were used to address parking. The siteഀ had planned unit development (PUD) requirements forഀ landscaping, access, etc. The PUD requirements are similar toഀ our special development district requirements.ഀ John Fernandez stated that the primary issue with the projectഀ was the restaurant associated with the brewery. In theഀ industrial zone district, restaurants are limited to serve theഀ immediate area. Their was a concern that the restaurant mightഀ draw too many people outside the immediate business area. Johnഀ Fernandez considered the project positive. Not only has theഀ brewery become a tourist attraction, it has also provided aഀ high number of manufacturing/processing jobs in Boulder. Heഀ stated that so far there have been no complaints about theഀ brewery.ഀ Staff also contacted Mr. Frank Gray, who was the Planningഀ Director, at the time the brewery was approved. He consideredഀ Iഀ C*1ഀ C the use to be "fairly innocuous". He stated that the twoഀ biggest concerns he would have in reviewing a micro-breweryഀ would be the amount of truck traffic and loading associatedഀ with the use as well as the tasting room capacity. He feltഀ that the tasting rooms can become a big draw for visitors andഀ that parking should be looked at closely given the numbers ofഀ potential visitors.ഀ The Health Department was also contacted in Boulder. Theyഀ stated that they had not received any complaints about theഀ micro-brewery that they could recall.ഀ B. Denver Brewpubഀ Denver has recently written a new ordinance allowing brewpubs.ഀ There is no limit on brewing capacity. However, no more thanഀ 30% of the product may be sold off the premises. Twentyഀ percent of the gross floor area of the operation can be devotedഀ to the brewing area. The intent of the wording was to insureഀ that the use operated primarily as a "an eating place."ഀ The brewpubs are allowed as a permitted use in the districtsഀ below: (Denver ordinance No. 542 Series of 1988)ഀ 1. Central Business District. "Permits business/officeഀ and light industrial uses, along with residential andഀ educational uses.ഀ 2. Business Restoration Zone. "This district isഀ intended to preserve and improve older structuresഀ that are architectually and/or historicallyഀ significant; allows light industrial, general retail,ഀ wholesale services, offices and height densityഀ residential uses.ഀ 3. Intensive General Business. "Very high densityഀ residential district. This district primarily, forഀ activity centers, provides a concentration ofഀ retailing, personal and business services, as well asഀ residential and cultural uses at a necessaryഀ intensity to efficiently be used by mass transitഀ facilities.ഀ 4. General Industrial District. "Allows manyഀ manufacturing, warehousing, and wholesalingഀ activities, along with limited retail and serviceഀ uses for the benefit of area employees. .ഀ 5. Heavy Industrial District. "Allows allഀ manufacturing, warehousing, wholesaling, and mineralഀ 0 •ഀ C extraction activities. Limited retail and serviceഀ uses for the benefit of area employees. • "ഀ The ordinance was written specifically to address a request toഀ locate a brewpub in the lower downtown area by Union Station.ഀ The name of the brewpub is the Wyncoop Brewery. The restaurantഀ is in place and the brewery is in the process of being added toഀ the restaurant.ഀ The staff talked with Mr. Merlin Logan at the Department ofഀ Zoning Administration for the City of Denver. He stated thatഀ the staff decided that limiting capacity was not their biggestഀ concern. The impact of trucking was the primary concernഀ related to the proposal. For this reason, they limited theഀ sale of beer off-premises to 30%. The size of the brewery'sഀ operation area has also been limited to 20% of the totalഀ brewpub's square footage, which also limits capacity to a greatഀ extent. This approach is different from the Boulder Brewery inഀ that the emphasis is really on the restaurant operation. Theഀ brewing is considered to be an accessory use to theഀ restaurant.ഀ C. Seattleഀ Under Seattle zoning, a micro-brewery is considered a lightഀ manufacturing use or processing use which has "little or noഀ C potential for environmental impacts." (Mr. John Skelton fromഀ the Seattle Department of Construction and Land Use.) 20,000ഀ barrels per year is the capacity limit for a micro-brewery.ഀ Micro-breweries are permitted uses in Neighborhood Commercialഀ II, Neighborhood Commercial III, and Commercial I & II Zoneഀ Districts. Micro-breweries are not allowed in Neighborhoodഀ Commercial I Zone Districts, which are the least intensive ofഀ the commercial zones. The size of the use is limited to 5,000ഀ square feet in the Neighborhood Commercial II Zone District andഀ 10,000 square feet in Neighborhood Commercial III. Inഀ Commercial I and Commercial II zone districts, there are noഀ size limits. In the commercial zones listed above, the otherഀ types of uses that are allowed as permitted or conditional usesഀ include retail sales and services, restaurants, lodging (in theഀ higher intensity commercial zone districts), offices,ഀ entertainment, warehouse, food processing, research andഀ development laboratories, institutions, and residential single-ഀ family and multi-family.ഀ John Skelton from the Construction and Land Use Department,ഀ stated that they had not received any complaints about micro-ഀ breweries and their compatibility with office and residentialഀ uses. The Central Environmental Health Department was alsoഀ contacted. Their opinion was that they had not received anyഀ complaints, to the best of their knowledge.ഀ - 6 -ഀ f 4ഀ C The two departments expressed the general opinion that theഀ micro-brewery use is compatible with office and other retailഀ uses, and residential. It should be pointed out that theഀ Seattle Zoning Code also has very strict requirements for howഀ these uses are developed on a property. Landscaping, locationഀ of parking, environmental impacts, separation of uses, andഀ traffic are carefully studied for each project. (Please seeഀ attached research on micro-breweries from the Seattle Zoningഀ Department.)ഀ 4. Portlandഀ Portland regulates a brewpub as though it were basically aഀ brewery with an accessory use of a restaurant. The brewpubsഀ are allowed in general commercial and light industrial zonesഀ and are limited to 10,000 square feet of gross floor area. Theഀ restaurant area is not considered part of the 10,000 squareഀ feet. The regulations do not allow objectionable odors to beഀ generated. Portland has seven brewpubs. (This information wasഀ obtained from the Denver Planning Office. The contact personഀ was Peggy Skulnack in Portland.)ഀ Summaryഀ The research indicates that there are various ways to defineഀ micro-breweries. The Boulder Brewery emphasizes off-siteഀ C distribution and the brewing process. The restaurantഀ associated with the Boulder Brewery is really only an accessoryഀ use to the primary micro-brewery operation. In respect toഀ Denver, the restaurant use is the primary function of the brewഀ pub. Off-site sales are restricted. In Portland, the City hasഀ taken the opposite tact, and considers a brewpub to really be aഀ brewery with an accessory restaurant. In all cases, it appearsഀ that the environmental impacts of micro-breweries or brewpubs,ഀ such as air and water pollution, can be considered to beഀ minimal or non-existent. However, in discussing micro-ഀ breweries with many people, the biggest concern was the amountഀ of truck traffic generated by the use. The issue of providingഀ adequate enclosed storage, trash, and delivery areas is alsoഀ very important. This was particularly evident when the staffഀ visited the Boulder Brewery. The owner agreed that moreഀ loading and delivery area was necessary for their breweryഀ operation.ഀ Staff believes that the conditional use approach for the micro-ഀ brewery use is appropriate as traffic generation , loading andഀ delivery, trash, storage, and environmental impacts can beഀ studied thoroughly with this review process.ഀ C IV. EVALUATION OF THE ENVIRONMENTAL IMPACT REPORTഀ The applicant has submitted an environmental impact report forഀ the micro-brewery use. The report was completed by RBDഀ Engineering Consultants. RBD has analyzed the potentialഀ impacts from the micro-brewery having a capacity of 7,500ഀ barrels of beer per year. The following paragraphs summarizeഀ the types of potential impacts that were studied in the EIR:ഀ (Please see pages 30,31,35,36, and 44 of the EIR.)ഀ A. Waterഀ Total water required for maximum production per yearഀ would be 1,395,000 gallons or approximately 4.298ഀ acre feet. Of the 1,395,000 gallons, 232,500 gallonsഀ would be consumed as product and the remainingഀ 1,162,000 would be returned to the stream through theഀ sanitary sewer system or, in very small quantities,ഀ be discharged into the atmosphere in the form ofഀ water vapor. Actual consumptive use at maximumഀ production per year will be 232,500 gallons ofഀ product.ഀ In a phone conversation with Fred Haslee from theഀ Upper Eagle Valley Water and Sanitation District onഀ October 21st, he stated that the increased demand forഀ C water for the 5,000 versus 7,500 barrel capacity wasഀ insignificant and the UEVWSD was fully capable ofഀ handling these 7,500 barrel capacity brewery. Theഀ district is writing a letter to confirm theirഀ approval.ഀ The Colorado Department of Health requires thatഀ chlorine be added to public water supplies forഀ disinfection and that a residual amount be measurableഀ at the tap of an end user. This chlorine residualഀ must be removed prior to the water entering into theഀ brewing process. Removal of chlorine is a veryഀ simple process and can be accomplished by filteringഀ through charcoal. Ozonation may be desirable afterഀ filtration just to add a little bit more "sparkle"ഀ to the water and further reduce the taste and color.ഀ B. Waste Waterഀ It is proposed that the 1,162,500 gallons per year orഀ 96,875 gallons per month will be required to beഀ treated by the Upper Eagle Valley Consolidatedഀ Sanitation District.ഀ C 8ഀ 1 eഀ C The EIR states that the biggest concern is that largeഀ volumes of waste water not be discharged during shortഀ periods of time, especially during peak periods.ഀ 3,875 gallons of waste water will be released duringഀ and after each brewing process. The release is notഀ immediate. 80% of that water is used for clean-upഀ and is released throughout the brewing process andഀ takes approximately four hours. The remaining 20%ഀ comes from the draining of the brewing equipmentഀ itself in approximately 90 minutes. Clean-up waterഀ would then enter the sewage system at the rate ofഀ 12.92 gallons per minute and waste water would enterഀ at 8.61 gallons per minute. Even both dischargesഀ occurring simultaneously would amount to 13.8 gallonsഀ per minute, a rate that could be easily absorbed byഀ the district at any time of day.ഀ The EIR also identifies biological oxygen demand as aഀ second concern related to waste water. BOD is aഀ measurement of the strength of the waste water and,ഀ therefore, a measurement of the magnitude of theഀ treatment prior to releasing back into the stream.ഀ In the Vail area, 250 milligrams of BOD is consideredഀ average strength. Effluent from a micro-brewery isഀ normally less than 250 milligrams per liter and needsഀ no pre-treatment or additional treatment by theഀ district. Even though micro-breweries discharge lessഀ than 250 per liter of BOD, they are normallyഀ classified as an industrial discharger by mostഀ districts and are subject to a monitoring program.ഀ The Upper Eagle Valley Consolidated Sanitationഀ District may want to require a manhole on the breweryഀ sewer service line so that they can sample BOD.ഀ C. Spent Grainsഀ At the end of the brewing process, a solid productഀ consisting primarily of spent grain results. Theseഀ solids are strained or filtered off and de-watered byഀ equipment contained within the brewery. They areഀ collected in a hopper and routinely checked in aഀ vehicle the size of a pick-up and sold for aഀ beneficial use such as cattle feed.ഀ D. Air Emissions/Odorഀ In discussions with various agencies in Boulder whereഀ a micro-brewery exists, there have never beenഀ complaints registered regarding stack emissions.ഀ Odors are similar to those of baking bread because ofഀ - 9 -ഀ the yeast and are very weak. With the brewery stackഀ l\ designed as an architectural element of the buildingഀ at a height of surrounding ridge lines and care notഀ to begin a brewing process during an identifiedഀ temperature inversion, emissions should goഀ undetected.ഀ E. Loading and Deliveryഀ A micro-brewery has a high demand for loading andഀ delivery. This issue has been discussed under theഀ staff research section of the memo.ഀ F. Noiseഀ The major sources of noise are anticipated to be theഀ bottling phase of the operations and the process ofഀ loading and delivery. The bottling will be totallyഀ enclosed and will not produce external noise. Allഀ loading docks are also enclosed.ഀ G. EIR Summaryഀ The report states that all information available onഀ micro-breweries "indicates that the process used isഀ totally different than that of a large-scaleഀ C industrial brewery. The sounds and smells associatedഀ with an industrial brewery do not exist. Because ofഀ this, the fact that the water and sanitationഀ districts can provide service and the minimalഀ emissions into the atmosphere, the proposed Vailഀ Brewery is totally compatible with the Cascadeഀ Village neighborhood."ഀ V. EVALUATION OF THIS REQUESTഀ A. Suitability of Existing Zoningഀ Staff believes that the Arterial Business district isഀ appropriate for the micro-brewery use. The mixed-useഀ nature of the Arterial Business zone district will beഀ compatible with a micro-brewery. The fact that theഀ micro-brewery is a tourist related, light industrialഀ use generating no significant environmental impactsഀ makes the use acceptable in this zone district. Aഀ tourist-related use is also appropriate as this areaഀ is considered to be a transition zone betweenഀ Lionshead and Cascade Village - two guest-orientedഀ areas of the community. From staff research, it isഀ 10 -ഀ 0ഀ apparent that a micro-brewery use with certainഀ limitations is compatible with office, retail, andഀ residential uses.ഀ B. Is the Amendment Proposal Presentinq a Convenientഀ Workable Relationship Among Land Uses Consistent withഀ Municipal Objectives?ഀ The Arterial Business district has very strictഀ standards for landscaping, parking, and access whichഀ will insure that the micro-brewery use is compatibleഀ with the other land uses in the zone district.ഀ It is felt by staff that the conditional use criteriaഀ are adequate to address the impacts associated withഀ the micro-brewery use. Conditional use criteriaഀ include:ഀ 1. Relationship and impact of the use onഀ development objectives of the Town.ഀ 2. Effect of use on the light and air, distributionഀ of population, transportation facilities,ഀ utilities, schools, parks, and recreationഀ facilities, and other public facilities.ഀ 3. Effect upon traffic with particular reference toഀ congestion, automotive and pedestrian safety andഀ convenience, traffic flow and control accessഀ maneuverability, and removal of snow from theഀ streets.ഀ 4. Effect upon the character of the area in whichഀ the proposed use is to be located including theഀ scale and bulk of the proposed use in relationഀ to surrounding uses.ഀ 5. Such other factors and criteria as theഀ Commission deems applicable to the proposedഀ use.ഀ 6. The environmental impact report concerning theഀ proposed use if an environmental impact reportഀ is required.ഀ These criteria will address the primary concernsഀ related to the micro-brewery use which really comeഀ down to parking, and adequate enclosed loading,ഀ trash, and storage areas for the use. Staff alsoഀ believes that each micro-brewery proposal must beഀ required to submit an environmental impact reportഀ - 11 -ഀ D 4ഀ which will specifically address the environmentalഀ impacts from that particular micro-brewery.ഀ C. Does the Amendment Proposal Provide for the Growth ofഀ an Orderly and Viable Community?ഀ The micro-brewery is considered to be a positive useഀ which will benefit the orderly growth and viabilityഀ of the Vail community. The micro-brewery has a greatഀ potential to become a guest attraction which theഀ staff feels is very positive for Vail as we are aഀ resort community. The environmental impact reportഀ has determined that there are no major environmentalഀ impacts from this request which would make itഀ incompatible with the development quality in Vail.ഀ VI. APPLICABLE TOWN OF VAIL DEVELOPMENT POLICIESഀ General Growth/Developmentഀ 1.1 Vail should continue to grow in a controlledഀ environment, maintaining a balance betweenഀ residential, commercial, and recreational uses toഀ serve both the visitor and the permanent resident.ഀ C 1.2 The quality of the environment including air, water,ഀ and other natural resources should be protected asഀ the Town grows.ഀ Skier/Tourist Concernsഀ 2.4 The community should improve summer recreational andഀ cultural opportunities to encourage summer tourism.ഀ 2.5 The community should improve non-skier recreationalഀ options to improve year-round tourism.ഀ Commercialഀ 3.4 Commercial growth should be concentrated in existingഀ commercial areas to accommodate both local andഀ visitor needs.ഀ 3.5 Entertainment oriented businesses and culturalഀ activities should be encouraged in the core areas toഀ create diversity. More night time businesses, on-ഀ going events and sanctioned "street happenings"ഀ should be encouraged.ഀ 12 -ഀ 7ഀ VII. STAFF RECOMMENDATIONSഀ 0ഀ The Community Development Department recommends approval of theഀ request. We believe that the Environmental Impact Report andഀ additional staff research indicate that there are no majorഀ environmental impacts due to the proposed micro-brewery use.ഀ The research does indicate that adequate enclosed loading andഀ delivery as well as trash areas must be reviewed closely on aഀ project by project basis. We believe that the conditional useഀ review will allow for this type of specific analysis.ഀ We also support changing the Purpose Section of the Arterialഀ Business District to allow for tourist related light industrialഀ uses. We feel that it is important to make sure that theഀ Purpose Section of the Arterial Business Zone District isഀ consistent with the permitted uses and conditional uses allowedഀ under the district. The staff considers light industrial usesഀ to have absolutely no noticeable environmental impacts and theഀ fact that the light industrial use must be tourist related willഀ be positive for the community.ഀ cഀ eഀ Cഀ To: Community Development Departmentഀ From: Peter Jamarഀ Date: October 21, 1988ഀ Re: Cascade Village/ Micro-Breweryഀ 50,ഀ The major changes resulting from a 7,500 barrel/year versus aഀ 5,000 barrel/year micro-brewery at Cascade are the quantitiesഀ related to waste and sewer impacts.ഀ CHANGES TO EIR:ഀ PAGE 30, Water and Sewer:ഀ 1. Total water required for maximum production per year increasesഀ from 930,000 gallons to 1,395,000 which is 4.298 acre feet.ഀ 2. The 155,000 gallons consumed as product increases to 232,500.ഀ 3. Therefore, 1,162,500 is returned to the stream.ഀ 4. Consumptive use is then equal to 232,500 gallons rather thanഀ 155,000 gallons-which is still very small and incidental comparedഀ to Vail's total water supply and demand.ഀ PAGE 31, Sewer Dischargeഀ 1. 1,162,500 gallons per year of wastewater will be discharged orഀ 96,875 gallons per month. This equates to 3875 gallons per brewഀ and would enter the sewage system at 12.92 gallons per minuteഀ ("clean-up" water) and 8.61 gallons per minute for wastewater.ഀ The total would be 21.5 gallons per minute during the brewingഀ process.ഀ 2. The BOD does not change.ഀ PAGE 44, Loading and Deliveryഀ 1. The amount of hops, yeast, and barley needed does not changeഀ significantly and the major change here is that Andy Norris hasഀ determined that no tractor-trailers will deliver directly to theഀ 0-ഀ site and that these raw materials will be located off-siteഀ (probably Minturn) and only the smaller 22 foot vehicles willഀ visit the Glen Lyon site.ഀ I hope these new numbers help you. For our conditional use permitഀ application we can provide an updated letter from upper Eagleഀ Valley Water and Sanitation if needed.ഀ Eഀ 0ഀ PEC MINUTES 10/24/88ഀ 41ഀ 0ഀ 3. Work session to discuss a proposal to create and enhanceഀ wetlands along Gore Creek specifically Katsos Ranch areaഀ Applicant: Vail Valley Consolidated Water Districtഀ Because the Board had been out to the site and had anഀ explanation made at that time, Jim Viele suggested rather thanഀ repeating this that there just be a summary of the talk andഀ Peter suggested that comments and questions would be good. Pamഀ Hopkins said that she felt that the improvements were excited.ഀ She wished, on a yearly basis, the Town could continue doഀ improvements along the creek. She was also concerned aboutഀ deer crossing from across I-70. Diana Donovan said that sheഀ would like to see the stream look more natural, rather thanഀ have an artificial pond as was suggested during the site visit.ഀ Jim Viele felt that the ideas that had been given them wereഀ good. Bryan said that he would not like to see a square pondഀ that had been drawn by the consultant. Grant Riva wasഀ definitely in favor of reparians, especially in the area of theഀ East Vail exit. He felt that the wetlands across the countyഀ were being diminished and anything would be a help. Joe Macy,ഀ representing Vail Associates, felt that the plan was a veryഀ positive one and an improvement to the stream bank. Dave Mottഀ representing the Vail Valley Consolidated Water District statedഀ that he would like to have two things as an option: 1) to startഀ with re-vegetation on the banks and, then, 2) to finish a pondഀ later if he needed it. Diana Donovan felt that a lot of workഀ could be done on the stream in lieu of building a pond. Theഀ consultant, Oliver , stated that there were many dropഀ structures placed in the stream within the past two weeks. Heഀ felt that there were three more things that they could do: 1)ഀ they could plant vegetation along the banks, 2) they couldഀ build more drop structures, and 3) they would eventually likeഀ to build a pond.ഀ Oliver said this was more a menu of items rather than a hardഀ proposal. Jim Viele said that it was safe to say that theyഀ were all for vegetation on the stream bank. Diana askedഀ whether or not these people had been told about the plan to putഀ a pond in Ford Park. Peter said that he would show them theഀ plan. Jim Viele thanked Dave and Oliver for coming andഀ presenting the item.ഀ 4.ഀ A requestഀ allow micaഀ Kristan Pritzഀ Business Zoneഀ first was toഀ industry; toഀ definitions,ഀ presented the request to amend the Arterialഀ District. She stated there were 3 items. Theഀ add to the purpose section, tourist-related lightഀ the conditional uses, a micro-brewery; and toഀ the definition of a micro-brewery. She gave aഀ 1ഀ background of the Arterial Business District and then aഀ background on micro-breweries she had studied. Kristan thenഀ summarized the Environmental Impact Report submitted by Jamarഀ Associates and RBD. The report addressed water consumption,ഀ waste water, spent grains, air emissions and odor, loading andഀ delivery, and noise. She then evaluated this request regardingഀ suitability of existing zoning, whether the amendment wasഀ presenting a workable relationship and whether the amendmentഀ provided for the growth of an orderly and viable community.ഀ Kristan listed applicable Vail development policies. She endedഀ with the staff recommendation of approval.ഀ Andy Norris, representing the applicants, spoke about the odor.ഀ He said it was created by malt and not yeast. Grant Riva askedഀ Kristan whether or not she had notice an odor when she hadഀ visited the micro-brewery in Boulder. Kristan said that sheഀ did not notice any odor on the outside, but the beer was notഀ being brewed at that time. She did notice an odor inside theഀ brewery. Andy Norris said that the micro-brewery proposedഀ would be limited in size. It would use a brewing batchഀ process six times a week maximum. There would be one batch atഀ noon and possibly a second one in the early evening. RBD,ഀ represented by Kent Rose, indicated that there would be noഀ significant envirionmental impacts due to the micro-brewery.ഀ Peggy Osterfoss felt that it was important that the focus ofഀ the brewery be an activity for tourists, rather than for theഀ production of beer and ale. Peggy suggested changing theഀ wording of tourist related light industry to emphasize that theഀ use must be directly related to tourist activities. Peggy thenഀ asked how one could identify temperature inversions. Kentഀ Rose, engineer for RBD, said one couldn't; Aspen had tried andഀ they couldn't do it. He estimated that there were six to tenഀ days out of the year when Vail had a temperature inversion.ഀ This question was raised due to the fact that the Environmentalഀ Impact Report referred to brewing during an identifiedഀ temperature inversion.ഀ Diana shared Peggy's concern of the definition tourist-related.ഀ She thought perhaps the definition should be expanded. Dianaഀ was also concerned about the waste water at the maximumഀ discharge. Kent explained that this would not affect the Vailഀ sanitation plant because the waste water entered the sanitationഀ system below the Vail plant. He also explained that theഀ brewery contributed a very minimum amount of waste water to theഀ system.ഀ Sid Schultz wondered if public storage yards were anഀ appropriate conditional use. He recognized that storage yardsഀ existed when the zone district was established, but suggestedഀ that the use be changed to non-conforming. Peter felt thatഀ Sid's idea had merit, and this probably could be discussed at aഀ later date.ഀ e oഀ r.ഀ •ഀ lഀ After more discussion, Diana Donovan moved and Pam Hopkinsഀ seconded to recommend approval to the Town Council to amend theഀ Arterial Business District to allow micro-breweries with a moreഀ specific tourism-related light industry definition. The voteഀ was 6 in favor, one against, and one, Jim Viele, abstaining.ഀ 5. A work session on the request to construct an addition toഀ the Vail Valley Medical Center.ഀ Applicant: Vail Valley Medical Centerഀ Dan Feeney explained a little more about what the hospital wasഀ thinking about with regard to their addition. There will beഀ another work session on the second Monday in November.ഀ Peter asked about the traffic counts with two additional days.ഀ And Dan Feeney said they did two additional days and they haveഀ done a total traffic counts for four additional days, one ofഀ which was a Saturday. He said on that Saturday, 1000 vehicleഀ trips passed the Fire Station and this counted every type ofഀ vehicle. He said this was 400 less than the Monday throughഀ Friday period. Dan Feeney mentioned that he had submitted aഀ three to four page letter regarding parking and traffic. Peterഀ said that on Friday he had taken a six-hour time lapse movieഀ with a camera on the top of the hospital pointing east. Theഀ results of this would be available in two weeks.ഀ Discussion followed concerning the Doubletree and the hospitalഀ working together on a master plan. Mr. Feeney said that theഀ consultants were meeting now about this. There would be someഀ conclusions at the next Planning Commission meeting. Jim Vieleഀ wondered if one could extrapolate the numbers from the four-dayഀ study to a peak season. And Feeney felt that they probablyഀ could, but he didn't think that they could extrapolate theഀ total number of trips on Meadow Drive.ഀ Peter Jamar, representing the Doubletree, said that he had metഀ with Dan Feeney, Kristan, Rick, and Peter and that theഀ Doubletree was 100% behind the hospital expansion, althoughഀ they did have concerns with current or future proposals. Peterഀ Jamar felt that for the parking structure it did not make senseഀ or was not in anyone's best interest to build a 100% peak parkഀ demand for the hospital day parking and that of the Doubletreeഀ night parking and possibly there could be a combination of theഀ totals. Diana Donovan felt that the next addition must requireഀ getting traffic off of West Meadow Drive. Peggy also felt thatഀ the Vail National Bank and the Town of Vail should be broughtഀ in as part of the master plan. Dan Feeney stated that the Vailഀ National Bank was aware of the planning that the hospital wasഀ doing with the Doubletree and they did indicate an interest.ഀ Jim Viele thanked Dan Feeney for the update.ഀ - sഀ To: Community Development Departmentഀ From: Peter Jamarഀ Date: October 21, 1988ഀ Re: Cascade Village/ Micro-Breweryഀ Kഀ The major changes resulting from a 7,500 barrel/year versus aഀ 5,000 barrel/year micro-brewery at Cascade are the quantitiesഀ related to waste and sewer impacts.ഀ CHANGES TO EIR:ഀ PAGE 30, Water and Sewer:ഀ 1. Total water required for maximum production per year increasesഀ from 930,000 gallons to 1,395,000 which is 4.298 acre feet.ഀ 2. The 1551000 gallons consumed as product increases to 232,500.ഀ 3. Therefore, 1,162,500 is returned to the stream.ഀ 4. Consumptive use is then equal to 232,500 gallons rather thanഀ 155,000 gallons-which is still very small and incidental comparedഀ to Vail's total water supply and demand.ഀ PAGE 31, Sewer Dischargeഀ 1. 1,162,500 gallons per year of wastewater will be discharged orഀ 96,875 gallons per month. This equates to 3875 gallons per brewഀ and would enter the sewage system at 12.92 gallons per minuteഀ ("clean-up" water) and 8.61 gallons per minute for wastewater.ഀ The total would be 21.5 gallons per minute during the brewingഀ process.ഀ 2. The BOD does not change.ഀ PAGE 44, Loading and Deliveryഀ 1. The amount of hops, yeast, and barley needed does not changeഀ significantly and the major change here is that Andy Norris hasഀ determined that no tractor-trailers will deliver directly to theഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ site and that these raw materials will be located off-siteഀ (probably Minturn) and only the smaller 22 foot vehicles willഀ visit the Glen Lyon site.ഀ ഀ ഀ I hope these new numbers help you. For our conditional use permitഀ application we can provide an updated letter from upper Eagleഀ Valley'Water and Sanitation if needed.ഀ towo of voiഀ Personal Memo from . .ഀ A, 2, /Y~jഀ pw/ഀ To: Larry, Susan, Peter and Rickഀ From: Kristanഀ Date: October 12, 1988ഀ Subject: Micro-Brewery definitionഀ ~101ഀ D Q,gd~. o.~ac~-tomഀ I,",F-. -oV~ഀ Andy Norris is proposing to amend the Arterial Business Districtഀ to all a micro-brewery as a condional use. I propose theഀ following definition. Please review this and let me know yourഀ thoughts on Monday.ഀ A commercial operation that processes water, malt, hops, and yeastഀ into beer or ale by mashing, cooking, and fermenting. The maximumഀ capacity for the brewery shall be 5,000 barrels I er year. Aഀ barrel shall be equivalent to 31 gallons. The"usel'shall notഀ exceed 8,000 s.f. of floor area. The -brewi ~Y^r~s~..~'n,ഀ shall-, be,. v th n the basement-or- garden--ievGla---G~f-trheഀ structur&. The-basement or garden level-shall a-"flned.._as_thatഀ floor-- of - a building that is entirel-y--or--R-subst-anti-antigrade .ഀ The micro-brewery use shall be associated with -a restaurant and/orഀ bar which sells the beer products processed.on Titeഀ restaurant --or --bar - shall -have - ~ - ~ 0 .ഀ -oading --ag~a~ .1. 11G11 a~iccal., a}..i c~ vta~.a QtbFS-'~-.~LV_f'S1 T"f'~"1'~~ +~-•l L'4---r ~nഀ 18.5 2. 0 9 0 of the Tz3=~f=ice _lolun i~il =d eഀ The staff supports this amendment. As long as the brewery has aഀ limited brewing capacity and also has a restaurant/bar useഀ associated with the brewery we think it makes sense for this zoneഀ district. Most micro-brewery uses are limited to a 20,000 barrelഀ per year capacity. Our definition would have a capacity greatlyഀ under this maximum. I think it is best to start out with aഀ limited capacity to see how the use operates. The definition canഀ always be changed to allow for a greater capacity. In addition,ഀ Andy's EIR addresses a brewery having a capacity of 5,000 which isഀ what we should adhere to The impacts of greater capacity haveഀ not been analyzed.ഀ .rഀ C40i]ഀ 0ഀ Seattle allows micro-breweries and considers the use to be lightഀ manafacturing. 20,0000 barrels per year is the capacity limit.ഀ The use is permitted in 4 out of 5 neighborhood commercial zones.ഀ The floor area limits range from 5,000 to 10,000 square feet.ഀ the Construction and Land Use Department as well as theഀ Environmental Health Office have recieved no complaints. Theirഀ opinions were that the use is compatible with office and otherഀ retail uses, and residential.ഀ In Boulder, the brewery was approved using a special reviewഀ process. The site is located in an industrial zone. Theഀ surrounding uses are primarily office and light manufacturing suchഀ as computer etc. manufacturing. It was considered to be a use thatഀ could draw tourists to Boulder. The use was developed by right.ഀ Covenants were used to address parking. The site had PUD typeഀ requirements. The big issue with the project was the restaurantഀ associated with the brewery. Restaurants are limited inഀ industrial zones to serve only the immediate area. So far thereഀ have been no major complaints about the brewery. The planner,ഀ John Fernandez, considered the project positive. Frank Gray, theഀ planner that actually handled the project, said that loading andഀ the tasting room capacity were the two big impacts. He felt thatഀ the tasting room could become a big draw. He considers the useഀ "fairly innocuous."ഀ The Boulder Brewery has capacity of approx. 10,0000 barrels perഀ year. The building is approx. 16,000 s.f. with the ability toഀ expand. 46 parking spaces are provided. The brewery requires 30ഀ full-time employees.ഀ Denver has recently written a new ordinance allowing brewpubs.ഀ There is no limit on capacity. However, no more than 30% of theഀ product may be sold off the premises. 20% of the gross floor areaഀ of the operation can be devoted to the brewing area. The intentഀ was to insure that the use operated primarily as a restaurant.ഀ The brewpubs are allowed in general commercial districts.ഀ Retail,light fabrication, office, and high density multi-family(30ഀ units per acre) are allowed in this type of zone. The brewpub isഀ a permitted use.ഀ The ordinance was written specifically to address a request for aഀ brewpub. The use is located in lower downtown by Union Station.ഀ The name of the brewpub is the Wynkoop Brewery. At this time,ഀ only the restaurant exists.ഀ The Denver approach is another direction our definition couldഀ take. Andy is really focusing on the restauran. I do think heഀ wants the brewing capacity. However, the limit on off siteഀ rഀ rഀ distribution could be wise given the anticipated truck traffic.ഀ Let me know what you think on Monday. This goes to PEC on Octoberഀ 24. An ordinance will need to be written if this is given the bigഀ green light. Larry, I hope I can catch you before you go surfingഀ in South America.ഀ Jഀ MR of voil Yഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 476-7000ഀ October 12, 1988ഀ Mr. Andy Norrisഀ Vail Ventures, Ltd.ഀ 1000 S. Frontage Road Westഀ Vail, CO 81657ഀ f 'ഀ P oഀ office of community developmentഀ RE: Review Process for the Glen Lyon Office Proposalഀ Dear Andy:ഀ Below is a list of meetings and dates for the Glen Lyon/Micro-ഀ Brewery project:ഀ 1. Amend the arterial businessഀ district zone to allow micro-ഀ breweries as a conditional use.ഀ 2. First reading of ordinanceഀ amending ABD.ഀ 3. Second reading of ordinance.ഀ 4. Review of the conditional useഀ request and special developmentഀ district amendments for the Glenഀ Lyon property.ഀ 5. First reading of the specialഀ development district ordinance.ഀ 6. Second reading of the specialഀ development district ordinance.ഀ October 24th,ഀ Planning & Envir.ഀ Commissionഀ November 1st,ഀ Town Councilഀ November 15th,ഀ Town Councilഀ November 28th,ഀ Planning & Envir.ഀ Commissionഀ December 6th,ഀ Planning Commis.ഀ December 20th,ഀ Town Councilഀ I think this process makes the most sense. My understanding isഀ that you agree. If you have any other questions, please feelഀ free to give me a call.ഀ Sincerely,ഀ Y~~1ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ wഀ tows of v75 south frontage roadഀ vail, Colorado 81657ഀ (303) 476-7000ഀ October 12, 1988ഀ Mr. Andy Norrisഀ Vail Ventures, Ltd.ഀ 1000 S. Frontage Road Westഀ Vail, CO 81657ഀ office of community developmentഀ RE: Review Process for the Glen Lyon Office Proposalഀ Dear Andy:ഀ Below is a list of meetings and dates for the Glen Lyon/Micro-ഀ Brewery project:ഀ 1. Amend the arterial businessഀ district zone to allow micro-ഀ breweries as a conditional use.ഀ 2. First reading of ordinanceഀ amending ABD.ഀ 3. Second reading of ordinance.ഀ 4. Review of the conditional useഀ request and special developmentഀ district amendments for the Glenഀ Lyon property.ഀ 5. First reading of the specialഀ development district ordinance.ഀ 6. Second reading of the specialഀ development district ordinance.ഀ October 24th,ഀ Planning & Envir.ഀ Commissionഀ November 1st,ഀ Town Councilഀ November 15th,ഀ Town Councilഀ November 28th,ഀ Planning & Envir.ഀ Commissionഀ December 6th, ~D nഀ is .ഀ December 20th,ഀ Town Councilഀ I think this process makes the most sense. My understanding isഀ that you agree. If you have any other questions, please feelഀ free to give me a call.ഀ Sincerely,ഀ y~ഀ l~ 1ഀ Kristan Pritzഀ Senior Plannerഀ Aഀ KP:kcഀ 0 1ഀ Peggy Osterfoss stated that she felt that support of the officeഀ was a good trade-off for requiring Andy to add the bollard.ഀ Diana Donovan made a motion to approve the project per theഀ staff memo with the following amendments:ഀ 1. Condition #2 - The office space would be allowed toഀ be located in the Plaza Conference building.ഀ 2. Condition #4 - The 32-accommodation unit plan isഀ acceptable. The 8-dwelling unit plan is denied.ഀ Square footage for the 8 dwelling unit is onlyഀ approved to be 11,200 square feet, the originalഀ approved GRFA. She stated that Andy may submit aഀ plan before the project is presented to the Townഀ Council for staff approval. The plan is to allow forഀ adequate open space between Millrace IV and theഀ Westin. She felt that it was also acceptable toഀ allow the additional GRFA of 176 square feet to beഀ applied to the Westhaven property.ഀ 3. She moved that the concern over the bridge connectionഀ in the Cornerstone building be removed from theഀ comments passed on to the Design Review Board.ഀ The motion was seconded by Pam Hopkins. The motion passedഀ unanimously.ഀ 4. A work session on the request for a conditional use for anഀ addition to the hospital.ഀ 5. A work session onഀ the micro-brewery.ഀ on Office Buildinq, includinഀ Food and Drug Administration, HHSഀ 27, 1981; 48 FR 10811, Mar. 15, 1983; 48 FRഀ 37021, Aug. 16, 19831ഀ EDITORIAL NOTE: At 38 FR 22794, Aug. 24,ഀ 1973. the following appeared concerningഀ 1109.30(a)(9) (formerly 122.10(a)(9)):ഀ • • • 1109.30(a)(9) is hereby stayed pendingഀ full review of the objections and requestsഀ for hearing.ഀ In the interim, as stated in the final orderഀ (38 FR 18098) the Food and Drug Adminis-ഀ tration will enforce the temporary toleranceഀ level established by § 109.30(a)(9) by seizingഀ any paper food-packaging material shippedഀ in Interstate commerce after September 4,ഀ 1973 containing higher than the specifiedഀ level of PCB's as adulterated in violation ofഀ sec. 402 of the act.ഀ Subpart C-Naturally Occurring Po-ഀ sionous or Deleterious Substancesഀ [Reserved]ഀ PART 110-CURRENT GOOD MANU-ഀ FACTURING PRACTICE IN MANU-ഀ FACTURING, PROCESSING, PACK-ഀ ING, OR HOLDING HUMAN FOODഀ Subpart A-General Provisionsഀ Sec.ഀ 110.1 Current good manufacturing prac-ഀ tice.ഀ 110.3 Definitions.ഀ 110.10 Personnel.ഀ 110.19 Exclusions.ഀ Subpart B-Buildings and Facilitiesഀ 110.20 Plants and grounds.ഀ 110.35 Sanitary facilities and controls.ഀ 110.37 Sanitary operations.ഀ Subpart C-Equipmentഀ 110.40 Equipment and procedures.ഀ Subpart D-(Reserved)ഀ Subpart E-Production and Process Controlsഀ 110.80 Processes and controls.ഀ 110.99 Natural or unavoidable defects inഀ food for human use that present noഀ health hazard.ഀ AuTHO8ITY: Secs. 402(a)(4), 701(a), 52ഀ Stat. 1046. 1055 (21 U.S.C. 342(a)(4), 37l(a)),ഀ unless otherwise noted.ഀ SOURCE: 42 FR 14338, Mar. 15, 1977, unlessഀ otherwise noted.ഀ § 110.10ഀ Subpart A-General Provisionsഀ § 110.1 Current good manufacturing prac-ഀ tice.ഀ The criteria in 110.10, 110.19,ഀ 110.20, 110.35, 110.37, 110.40, 110.80,ഀ and 110.99 shall apply in determiningഀ whether the facilities, methods, prac-ഀ tices. and controls used in the manu-ഀ facture, processing, packing, or hold-ഀ ing of food are in conformance with orഀ are operated or administered in con-ഀ formity with good manufacturingഀ practices to assure that food forഀ human consumption is safe and hasഀ been prepared, packed, and held underഀ sanitary conditions.ഀ § 110.3 Definitions.ഀ The definitions and interpretationsഀ contained in section 201 of the Federalഀ Food, Drug, and Cosmetic Act are ap-ഀ plicable to such terms when used inഀ this part. The following definitionsഀ shall also apply:ഀ (a) "Adequate" means that which isഀ needed to accomplish the intendedഀ purpose in keeping with good publicഀ health practice.ഀ (b) "Plant" means the building orഀ buildings or parts thereof, used for orഀ in connection with the manufacturing,ഀ processing, packaging, labeling, orഀ holding of human food.ഀ (c) "Sanitize" means adequate treat-ഀ ment of surfaces by a process that isഀ effective in destroying vegetative cellsഀ of pathogenic bacteria and in substan-ഀ tially reducing other microorganisms.ഀ Such treatment shall not adverselyഀ affect the product and shall be safeഀ for the consumer.ഀ § 110.10 Personnel.ഀ The plant management shall take allഀ reasonable measures and precautionsഀ to assure the following:ഀ (a) Disease control. No person affect-ഀ ed by disease in a communicable form,ഀ or while a carrier of such disease, orഀ while affected with boils, sores, infect-ഀ ed wounds, or other abnormal sourcesഀ of microbiological contamination,ഀ shall work in a food plant in any ca-ഀ pacity in which there is a reasonableഀ possibility of food or food ingredientsഀ becoming contaminated by suchഀ 89 Nil ~raDഀ '4rഀ fir.-'.~.. ...,p-~ഀ § 110.19ഀ person, or of disease being transmittedഀ by such person to other individuals.ഀ (b) Cleanliness. All persons, whileഀ working in direct contact with foodഀ preparation, food ingredients, or sur-ഀ faces coming into contact therewithഀ shall:ഀ (1) Wear clean outer garments,ഀ maintain a high degree of personalഀ cleanliness, and conform to hygienicഀ practices while on duty, to the extentഀ necessary to prevent contamination ofഀ food products.ഀ (2) Wash their hands thoroughlyഀ (and sanitize if necessary to preventഀ contamination by undesirable microor-ഀ ganism) in an adequate hand-washingഀ facility before starting work, afterഀ each absence from the work stationഀ and at any other time when the handsഀ may have become soiled or contami-ഀ nated.ഀ (3) Remove all insecure jewelry and,ഀ during periods where food is manipu-ഀ lated by hand, remove from hands anyഀ jewelry that cannot be adequatelyഀ sanitized.ഀ (4) If gloves are used in food han-ഀ dling, maintain them in an intact,ഀ clean, and sanitary condition. Suchഀ gloves should be of an impermeableഀ material except where their usageഀ would be inappropriate or incompati-ഀ ble with the work involved.ഀ (5) Wear hair nets, headbands, caps,ഀ or other effective hair restraints.ഀ (6) Not store clothing or other per-ഀ sonal belongings, eat food or drinkഀ beverages, or use tobacco in any formഀ in areas where food or food ingredi-ഀ ents are exposed or in areas used forഀ washing equipment or utensils.ഀ (7) Take any other necessary precau-ഀ tions to prevent contamination ofഀ foods with microorganisms or foreignഀ substances including, but not limitedഀ to, perspiration, hair, cosmetics, tobac-ഀ co, chemicals, and medicants.ഀ (c) Education and training. Person-ഀ nel responsible for identifying sanita-ഀ tion failures or food contaminationഀ should have a background of educa-ഀ tion or experience, or a combinationഀ thereof, to provide a level of compe-ഀ tency necessary for production ofഀ clean and safe food. Food handlersഀ and supervisors should receive appro-ഀ priate training in proper food-han-ഀ dling techniques and food-protectionഀ 21 CFR Ch. 1 (4-1-85 Edition)ഀ principles and should be cognizant ofഀ the danger of poor personal hygieneഀ and insanitary practices.ഀ (d) Supervision. Responsibility forഀ assuring compliance by all personnelഀ with all requirements of this Part 110ഀ shall be clearly assigned to competentഀ supervisory personnel.ഀ § 110.19 Exclusions.ഀ The following operations are ex-ഀ cluded from coverage under these gen-ഀ eral regulations; however, the Com-ഀ missioner will issue special regulationsഀ when he believes it necessary to coverഀ these excluded operations: Establish-ഀ ments engaged solely in the harvest-ഀ ing, storage, or distribution of one orഀ more raw agricultural commodities, asഀ defined in section 201(r) of the act,ഀ which are ordinarily cleaned, pre-ഀ pared, treated or otherwise processedഀ before being marketed to the consum-ഀ ing public.ഀ Subpart B-Buildings and Facilitiesഀ § 110.20 Plants and grounds.ഀ (a) Grounds. The grounds about aഀ food plant under the control of the op-ഀ erator shall be free from conditionsഀ which may result in the contamina-ഀ tion of food including, but not limitedഀ to, the following:ഀ (1) Improperly stored equipment,ഀ litter, waste, refuse, and uncut weedsഀ or grass within the immediate vicinityഀ of the plant buildings or structuresഀ that may constitute an attractant,ഀ breeding place, or harborage for ro-ഀ dents, insects, and other pests.ഀ (2) Excessively dusty roads, yards, orഀ parking lots that may constitute aഀ source of contamination in areasഀ where food is exposed.ഀ (3) Inadequately drained areas thatഀ may contribute contamination to foodഀ products through seepage or foot-ഀ borne filth and by providing a breed-ഀ ing place for insects or microorga-ഀ nisms.ഀ If the plant grounds are bordered byഀ grounds not under the operator's con-ഀ trol of the kind described in para-ഀ graphs (a) (1) through (3) of this sec-ഀ tion, care must be exercised in theഀ plant by inspection, extermination, orഀ 90ഀ Food and Drug Administration, HHSഀ other means to effect exclusion ofഀ pests, dirt, and other filth that may beഀ a source of food contamination.ഀ (b) Plant construction and design.ഀ Plant buildings and structures shall beഀ suitable in size, construction, andഀ design to facilitate maintenance andഀ sanitary operations for food-process-ഀ ing purposes. The plant and facilitiesഀ shall:ഀ (1) Provide sufficient space for suchഀ placement of equipment and storageഀ of materials as is necessary for sani-ഀ tary operations and production of safeഀ food. Floors, walls, and ceilings in theഀ plant shall be of such construction asഀ to be adequately cleanable and shallഀ be kept clean and in good repair. Fix-ഀ tures, ducts, and pipes shall not be soഀ suspended over working areas thatഀ drip or condensate may contaminateഀ foods, raw materials, or food-contactഀ surfaces. Aisles or working spaces be-ഀ tween equipment and between equip-ഀ ment and walls shall be unobstructedഀ and of sufficient width to permit em-ഀ ployees to perform their duties with-ഀ out contamination of food or food-con-ഀ tact surfaces with clothing or personalഀ contact.ഀ (2) Provide separation by partition,ഀ location, or other effective means forഀ those operations which may cause con-ഀ tamination of food products with un-ഀ desirable microorganisms, chemicals,ഀ filth, or other extraneous material.ഀ (3) Provide adequate lighting toഀ handwashing areas, dressing andഀ locker rooms, and toilet rooms and toഀ all areas where food or food ingredi-ഀ ents are examined, processed, orഀ stored and where equipment and uten-ഀ sils are cleaned. Light bulbs, fixtures,ഀ skylights, or other glass suspendedഀ over exposed food in any step of prep-ഀ aration shall be of the safety type orഀ otherwise protected to prevent foodഀ contamination in case of breakage.ഀ (4) Provide adequate ventilation orഀ control equipment to minimize odorsഀ and noxious fumes or vapors (includ-ഀ ing steam) in areas where they mayഀ contaminate food. Such ventilation orഀ control equipment shall not createഀ conditions that may contribute to foodഀ contamination by airborne contami-ഀ nants.ഀ (5) Provide, where necessary, effec-ഀ tive screening or other protectionഀ § 110.35ഀ against birds, animals, and vermin (in-ഀ cluding, but not limited to, insects andഀ rodents).ഀ § 110.35 Sanitary facilities and controls.ഀ Each plant shall be equipped withഀ adequate sanitary facilities and accom-ഀ modations including, but not limitedഀ to, the following:ഀ (a) Water supply. The water supplyഀ shall be sufficient for the operationsഀ intended and shall be derived from anഀ adequate source. Any water that con-ഀ tacts foods or food-contact surfacesഀ shall be safe and of adequate sanitaryഀ quality. Running water at a suitableഀ temperature and under pressure asഀ needed shall be provided in all areasഀ where the processing of food, theഀ cleaning of equipment, utensils, orഀ containers, or employee sanitary facili-ഀ ties require.ഀ (b) Sewage disposal. Sewage disposalഀ shall be made into an adequate sewer-ഀ age system or disposed of throughഀ other adequate means.ഀ (c) Plumbing. Plumbing shall be ofഀ adequate size and design and ade-ഀ quately installed and maintained to:ഀ (1) Carry sufficient quantities ofഀ water to required locations through-ഀ out the plant.ഀ (2) Properly convey sewage andഀ liquid disposable waste from the plant.ഀ (3) Not constitute a source of con-ഀ tamination to foods, food products orഀ ingredients, water supplies, equip-ഀ ment, or utensils or create an insani-ഀ tary condition.ഀ (4) Provide adequate floor drainageഀ in all areas where floors are subject toഀ flooding-type cleaning or whereഀ normal operations release or dischargeഀ water or other liquid waste on theഀ floor.ഀ (d) Toilet facilities. Each plant shallഀ provide its employees with adequateഀ toilet and associated hand-washing fa-ഀ cilities within the plant. Toilet roomsഀ shall be furnished with toilet tissue.ഀ The facilities shall be maintained in aഀ sanitary condition and kept in goodഀ repair at all times. Doors to toiletഀ rooms shall be self-closing and shallഀ not open directly into areas whereഀ food is exposed to airborne contamina-ഀ tion, except where alternate meansഀ have been taken to prevent such con-ഀ 91ഀ •4.ഀ § 110.37ഀ tamination (such as double doors, posi-ഀ tive air-flow systems, etc.). Signs shallഀ be posted directing employees to washഀ their hands with cleaning soap or de-ഀ tergents after using toilet.ഀ (e) Hand-washing facilities. Ade-ഀ quate and convenient facilities forഀ hand washing and, where appropriate,ഀ hand sanitizing shall be provided atഀ each location in the plant where goodഀ sanitary practices require employeesഀ to wash or sanitize and dry theirഀ hands. Such facilities shall be fur-ഀ nished with running water at a suita-ഀ ble temperature for hand washing, ef-ഀ fective hand-cleaning and sanitizingഀ preparations, sanitary towel service orഀ suitable drying devices, and, where ap-ഀ propriate, easily cleanable waste re-ഀ ceptacles.ഀ (f) Rubbish and offal disposal. Rub-ഀ bish and any offal shall be so con-ഀ veyed, stored, and disposed of as toഀ minimize the development of odor,ഀ prevent waste from becoming an at-ഀ tractant and harborage or breedingഀ place for vermin, and prevent contami-ഀ nation of food, food-contact surfaces.ഀ ground surfaces, and water supplies.ഀ $ 110.37 Sanitary operations.ഀ (a) General maintenance. Buildings,ഀ fixtures, and other physical facilitiesഀ of the plant shall be kept in goodഀ repair and shall be maintained in aഀ sanitary condition. Cleaning oper-ഀ ations shall be conducted in such aഀ manner as to minimize the danger ofഀ contamination of food and food-con-ഀ tact surfaces. Detergents, sanitizers,ഀ and other supplies employed in clean-ഀ ing and sanitizing procedures shall beഀ free of significant microbiological con-ഀ tamination and shall be safe and effec-ഀ tive for their intended uses. Only suchഀ toxic materials as are required toഀ maintain sanitary conditions, for useഀ in laboratory testing procedures, forഀ plant and equipment maintenance andഀ operation, or in manufacturing orഀ processing operations shall be used orഀ stored in the plant. These materialsഀ shall be identified and used only inഀ such manner and under conditions asഀ will be safe for their intended uses.ഀ (b) Animal and vermin control. Noഀ animals or birds, other than those es-ഀ sential as raw material, shall be al-ഀ lowed in any area of a food plant. Ef-ഀ 21 CFR Ch. 1 (4-1-85 Edition)ഀ fective measures shall be taken to ex-ഀ clude pests from the processing areasഀ and to protect against the contamina-ഀ tion of foods in or on the premises byഀ animals, birds, and vermin (including,ഀ but not limited to, rodents and in-ഀ sects). The use of insecticides or ro-ഀ denticides is permitted only underഀ such precautions and restrictions asഀ will prevent the contamination of foodഀ or packaging materials with illegal res-ഀ idues.ഀ (c) Sanitation of equipment andഀ utensils. All utensils and product-con-ഀ tact surfaces of equipment shall beഀ cleaned as frequently as necessary toഀ prevent contamination of food andഀ food products. Nonproduct-contactഀ surfaces of equipment used in the op-ഀ eration of food plants should beഀ cleaned as frequently as necessary toഀ minimize accumulation of dust, dirt,ഀ food particles, and other debris.ഀ Single-service articles (such as utensilsഀ intended for one-time use, paper cups,ഀ paper towels, etc.) should be stored inഀ appropriate containers and handled,ഀ dispensed, used, and disposed of in aഀ manner that prevents contaminationഀ of food or food-contact surfaces.ഀ Where necessary to prevent the intro-ഀ duction of undesirable microbiologicalഀ organisms into food products, all uten-ഀ sils and product-contact surfaces ofഀ equipment used in the plant shall beഀ cleaned and sanitized prior to such useഀ and following any interruption duringഀ which such utensils and contact sur-ഀ face may have become contaminated.ഀ Where such equipment and utensilsഀ are used in a continuous productionഀ operation, the contact surfaces of suchഀ equipment and utensils shall beഀ cleaned and sanitized on a predeter-ഀ mined schedule using adequate meth-ഀ ods for cleaning and sanitizing. Sani-ഀ tizing agents shall be effective andഀ safe under conditions of use. Any facil-ഀ ity, procedure, machine, or device mayഀ be acceptable for cleaning and sanitiz-ഀ ing equipment and utensils if it is es-ഀ tablished that such facility, procedure,ഀ machine, or device will routinelyഀ render equipment and utensils cleanഀ and provide adequate sanitizing treat-ഀ ment.ഀ (d) Storage and handling of cleanedഀ portable equipment and utensils.ഀ Cleaned and sanitized portable equip-ഀ 92ഀ Food and Drug Administration, HHSഀ ment and utensils with product-con-ഀ tact surfaces should be stored in suchഀ a location and manner that product-ഀ contact surfaces are protected fromഀ splash, dust, and other contamination.ഀ Subpart C-Equipmentഀ 0 110.40 Equipment and procedures.ഀ (a) General. All plant equipment andഀ utensils should be (1) suitable for theirഀ intended use, (2) so designed and ofഀ such material and workmanship as toഀ be adequately cleanable, and (3) prop-ഀ erly maintained. The design, construc-ഀ tion, and use of such equipment andഀ utensils shall preclude the adultera-ഀ tion of food with lubricants, fuel,ഀ metal fragments, contaminated water,ഀ or any other contaminants. All equip-ഀ ment should be so installed and main-ഀ tained as to facilitate the cleaning ofഀ the equipment and of all adjacentഀ spaces.ഀ (b) Use of polychlorinated biphenylsഀ in food plants. Polychlorinated bi-ഀ phenyls (PCB's) represent a class ofഀ toxic industrial chemicals manufac-ഀ tured and sold under a variety of tradeഀ names, including: Aroclor (Unitedഀ States); Phenoclor (France); Colphenഀ (Germany); and Kanaclor (Japan).ഀ PCB's are highly stable, heat resist-ഀ ant, and nonflammable chemicals. In-ഀ dustrial uses of PCB's include, or didഀ include in the past, their use as electri-ഀ cal transformer and capacitor fluids,ഀ heat transfer fluids, hydraulic fluids,ഀ and plasticizers, and in formulationsഀ of lubricants, coatings, and inks. Theirഀ unique physical and chemical proper-ഀ ties and widespread, uncontrolled in-ഀ dustrial applications have causedഀ PCB's to be a persistent and ubiqui-ഀ tous contaminant in the environmentഀ and causing the contamination of cer-ഀ tain foods. In addition, incidents haveഀ occurred in which PCB's have directlyഀ contaminated animal feeds as a resultഀ of industrial accidents (leakage orഀ spillage of PCB fluids from plantഀ equipment). These accidents in turnഀ cause the contamination of food in-ഀ tended for human consumption (meat,ഀ milk, and eggs). Since PCB's are toxicഀ chemicals, the PCB contamination ofഀ food as a result of these accidents rep-ഀ resents a hazard to human health. Itഀ is therefore necessary to place certainഀ § 110.40ഀ restrictions on the industrial uses ofഀ PCB's in the production, handling,ഀ and storage of food. The following spe-ഀ cial provisions are necessary to pre-ഀ clude accidental PCB contaminationഀ of food:ഀ (1) New equipment, utensils, and ma-ഀ chinery for handling or processingഀ food in or around a food plant shallഀ not contain PCB's.ഀ (2) On or before September 4, 1973,ഀ the management of food plants shall:ഀ (i) Have the heat exchange fluidഀ used in existing equipment or machin-ഀ ery for handling or processing foodഀ sampled and tested to determineഀ whether it contains PCB's, or verifyഀ the absence of PCB's in such formula-ഀ tions by other appropriate means. Onഀ or before Sept. 4, 1973, any such fluidഀ formulated with PCB's must be re-ഀ placed with a heat exchange fluid thatഀ does not contain PCB's.ഀ (ii) Eliminate from the food plantഀ any PCB-containing food-contact sur-ഀ faces of equipment or utensils and anyഀ PCB-containing lubricants for equip-ഀ ment or machinery that is used forഀ handling or processing food.ഀ (iii) Eliminate from the food plantഀ any other PCB-containing materialsഀ wherever there is a reasonable expec-ഀ tation that such materials could causeഀ food to become contaminated withഀ PCB's either as a result of normal useഀ or as a result of accident, breakage, orഀ other mishap.ഀ (iv) The toxicity and other charac-ഀ teristics of fluids selected as PCB re-ഀ placements must be adequately deter-ഀ mined so that the least potentiallyഀ hazardous replacement is used. Inഀ making this determination with re-ഀ spect to a given fluid, considerationഀ should be given to (a) its toxicity; (b)ഀ the maximum quantity that could beഀ spilled onto a given quantity of foodഀ before it would be noticed, taking intoഀ account its color and odor; (c) possibleഀ signaling devices in the equipment toഀ indicate a loss of fluid, etc.; and (d) itsഀ environmental stability and tendencyഀ to survive and be concentratedഀ through the food chain. The judgmentഀ as to whether a replacement fluid isഀ sufficiently nonhazardous is to beഀ made on an individual installation andഀ operation basis.ഀ 93ഀ § 110.80ഀ (3) For the purposes of this section,ഀ the provisions do not apply to electri-ഀ cal transformers and condensers con-ഀ taining PCB's in sealed containers.ഀ Subpart D-[Reserved]ഀ Subpart E-Production and Processഀ Controlsഀ § 110.80 Processes and controls.ഀ All operations in the receiving, in-ഀ specting, transporting, packaging, seg-ഀ regating, preparing, processing, andഀ storing of food shall be conducted inഀ accord with adequate sanitation prin-ഀ ciples. Overall sanitation of the plantഀ shall be under the supervision of anഀ individual assigned responsibility forഀ this function. All reasonable precau-ഀ tions, including the following, shall beഀ taken to assure that production proce-ഀ dures do not contribute contaminationഀ such as filth, harmful chemicals, unde-ഀ sirable microorganisms, or any otherഀ objectionable material to the proc-ഀ essed product:ഀ (a) Raw material and ingredientsഀ shall be inspected and segregated asഀ necessary to assure that they areഀ clean, wholesome, and fit for process-ഀ ing into human food and shall beഀ stored under conditions that will pro-ഀ tect against contamination and mini-ഀ mize deterioration. Raw materialsഀ shall be washed or cleaned as requiredഀ to remove soil or other contamination.ഀ Water used for washing, rinsing, orഀ conveying of food products shall be ofഀ adequate quality, and water shall notഀ be reused for washing, rinsing, or con-ഀ veying products in a manner that mayഀ result in contamination of food prod-ഀ ucts.ഀ (b) Containers and carriers of rawഀ ingredients should be inspected on re-ഀ ceipt to assure that their conditionഀ has not contributed to the contamina-ഀ tion or deterioration of the products.ഀ (c) When ice is used in contact withഀ food products, it shall be made fromഀ potable water and shall be used only ifഀ it has been manufactured in accord-ഀ ance with adequate standards andഀ stored, transported, and handled in aഀ sanitary manner.ഀ (d) Food-processing areas and equip-ഀ ment used for processing human foodഀ 21 CFR Ch. 1 (4-1-85 Edition)ഀ should not be used to process nonhu-ഀ man food-grade animal feed or ined-ഀ ible products unless there is no reason-ഀ able possibility for the contaminationഀ of the human food.ഀ (e) Processing equipment shall beഀ maintained in a sanitary conditionഀ through frequent cleaning includingഀ sanitization where indicated. Insofarഀ as necessary, equipment shall be takenഀ apart for thorough cleaning.ഀ (f) All food processing, includingഀ packaging and storage, should be con-ഀ ducted under such conditions and con-ഀ trols as are necessary to minimize theഀ potential for undesirable bacterial orഀ other microbiological growth, toxinഀ formation, or deterioration or con-ഀ tamination of the processed productഀ or ingredients. This may require care-ഀ ful monitoring of such physical factorsഀ as time, temperature, humidity, pres-ഀ sure, flow-rate and such processing op-ഀ erations as freezing, dehydration, heatഀ processing, and refrigeration to assureഀ that mechanical breakdowns, timeഀ delays, temperature fluctuations, andഀ other factors do not contribute to theഀ decomposition or contamination of theഀ processed products.ഀ (g) Chemical, microbiological, or ex-ഀ traneous-material testing proceduresഀ shall be utilized where necessary toഀ identify sanitation failures or foodഀ contamination, and all foods and in-ഀ gredients that have become contami-ഀ nated shall be rejected or treated orഀ processed to eliminate the contamina-ഀ tion where this may be properly ac-ഀ complished.ഀ (h) Packaging processes and materi-ഀ als shall not transmit contaminants orഀ objectionable substances to the prod-ഀ ucts, shall conform to any applicableഀ food additive regulation (Parts 170ഀ through 189 of this chapter), andഀ should provide adequate protectionഀ from contamination.ഀ (D Meaningful coding of productsഀ sold or otherwise distributed from aഀ manufacturing, processing, packing, orഀ repacking activity should be utilized toഀ enable positive lot identification to fa-ഀ cilitate, where necessary, the segrega-ഀ tion of specific food lots that mayഀ have become contaminated or other-ഀ wise unfit for their intended use.ഀ Records should be retained for aഀ period of time that exceeds the shelfഀ 94ഀ Food and Drug Administration, HHSഀ life of the product, except that theyഀ need not be retained more than 2ഀ years.ഀ (j) Storage and transportation of fin-ഀ ished products should be under suchഀ conditions as will prevent contamina-ഀ tion, including development of patho-ഀ genic or toxigenicഀ will dete-ഀ protect against l unde sirabl=eഀ rioration of the product and the con-ഀ tainer.ഀ § 110.99 Natural or unavoidable defects inഀ food for human use that present noഀ health hazard.ഀ § 110.99ഀ (e) Current action levels for naturalഀ and unavoidable defects in food forഀ human use that present no healthഀ hazard are as follows. (Levels thatഀ have been adopted on a temporaryഀ basis prior to publication as a regula-ഀ tion may be obtained upon request atഀ the Office of Public Affairs, Food andഀ Drug Administration, Room 15B-42,ഀ Parklawn Building, 5600 Fishers Lane,ഀ Rockville, MD 20857.)ഀ 142 FR 14338, Mar. 15, 1977, as amended atഀ 46 FR 8459. Jan. 27, 19811ഀ (a) Some foods, even when produced PART 113-THERMALLY PROCESSEDഀ under current good manufacturing LOW-ACID FOODS PACKAGED INഀ and/or processing practices, contain HERMETICALLY SEALED CONTAIN-ഀ natural or unavoidable defects at ERSഀ lower levels that are not hazardous toഀ health. The Food and Drug Adminis-ഀ tration establishes maximum levels forഀ such defects in foods produced underഀ good manufacturing and/or processingഀ practices and uses these levels for rec-ഀ ommending regulatory actions.ഀ (b) Defect action levels are estab-ഀ lished for products whenever it is nec-ഀ essary and feasible. Such levels areഀ subject. to change upon the develop-ഀ ment of new technology or the avail-ഀ ability of new information.ഀ (c) Compliance with defect actionഀ levels does not excuse failure to ob-ഀ serve either the requirement in sectionഀ 402(a)(4) of the Federal Food, Drug,ഀ and Cosmetic Act that food may notഀ be prepared, packed, or held under in-ഀ sanitary conditions or the other re-ഀ quirements in this part that food man-ഀ ufacturers must observe current goodഀ manufacturing practices. Evidence ob-ഀ tained through factory inspection indi-ഀ cating such a violation renders theഀ food unlawful, even through theഀ amounts of natural or unavoidable de-ഀ fects are lower than the currently es-ഀ tablished action levels. The manufac-ഀ turer of food must at all times utilizeഀ quality control procedures which willഀ reduce natural or unavoidable defectsഀ to the lowest level currently feasible.ഀ (d) The mixing of a food containingഀ defects above the current defect actionഀ level with another lot of food is notഀ permitted and renders the final foodഀ unlawful regardless of the defect levelഀ of the final food.ഀ Subpart A-General Provisionsഀ Sec.ഀ 113.3 Definitions.ഀ 113.5 Current good manufacturing prac.ഀ tice.ഀ 113.10 Personnel.ഀ Subpart "Reserved]ഀ Subpart C-Equipmentഀ 113.40 Equipment and procedures.ഀ Subpart D-Control of Components, Food Prod-ഀ uct Containers, Closures, and In-Process Ma-ഀ terialഀ 113.60 Containers.ഀ Subpart E-Production and Process Controlsഀ 113.81 Product preparation.ഀ 113.83 Establishing scheduled processes.ഀ 113.87 Operations in the thermal process-ഀ ing room.ഀ 113.89 Deviations in processing, venting, orഀ control of critical factors.ഀ Subpart F-Records and Reportsഀ 113.100 Processing and production records.ഀ AUTHORITY: Secs. 402(a)(3) and (4), 701(a),ഀ 52 Stat. 1046, 1055 (21 U.S.C. 342(a)(3) andഀ (4), 371(a)).ഀ SOURCE: 44 FR 16215, Mar. 16, 1979, unlessഀ otherwise noted.ഀ 95ഀ # ` .stY+~t 'EXHIBIT 2ഀ .t b xr. r' I■ a u~ ti a l Districts C WN iP o f zW ~ i~i •~6. r.i.ഀ jd Aurora C2 ^ഀ IrtdU7;ris1 -ഀ Districtഀ y ~ -ഀ U _ഀ cഀ Ballardഀ 1nCUStnatഀ District 'ഀ Td,ഀ IGI y 15; I Lake Union yഀ n$LIS, ml.t -7 Indus:nat _ _ഀ . District _ y District - -ഀ ~ Elliottഀ IndUStnalഀ OH,ഀ L, NEഀ S.1 5 DK'i•'ne Ncrfh Duwamixhഀ Inautrtrialഀ Drxtnct \ ~Yഀ South Du-smiahഀ 1' 4'• r Drxtnctഀ - x ins - L .Y .J -C.ഀ MCIഀ NUK 1171ഀ (I C;ഀ bzn,ഀ _ ► r-- (Ma MANUF:.cTURINGഀ OQTഀ INDUSTRIALഀ Inr_j SLrtaI Are ^-,ackc;r^,1...~i Y2ഀ c t r J..}~.tiഀ h•ഀ Jഀ z• a_.•'.~ `t3,~- Sadഀ y F_ഀ T. ,ഀ MILL . {ഀ lJഀ NsyS ...-tഀ .5.-.ഀ G'LUNഀ STORAGEഀ IIOTഀ 'WATC. tഀ 5i 0RAGഀ i MASH TUNഀ LALTio-t TUDഀ r• ♦ t=. _ t f ! .``°'0`PLT~fPS fLut:?:F-£n.Sഀ a - 1..m1fഀ uP.c"'h iLTTT Fഀ TnR Iഀ P£RkiE~tTER, HEAT EXaj-A_NGERഀ 1S J / 1ഀ ,ഀ } 1 HOLAI*?G TANKSഀ YEAST Iഀ HANDLING FMTnAiJO\' TO i AC" I-ഀ r ' Itr 'f "tl'_'ill I ~ I ~ ~ Iഀ Source: "Greater Ertl and Guide to Greater B_ ers ,ri n,; Bierഀ Seattle, WA 1983, p,7.ഀ 5/23/84ഀ r° r x i r c tr S fz iഀ ellഀ rvA ~~3 7ti ?,t i.t}i y mഀ 4ഀ DI'RECTOR'S REPORTഀ ref ~h .r r.1•` .1"..~s'sS'Lഀ r, t, The Department 'ofConstruction and Land Use has received two requests to amendഀ x = theZoring Code one, permit microbrewer'ies in manufacturing zones, and theഀ v _ഀ tber.:to. al l ow :bre~'oubs `i n ~°a^u~, • 1ഀ I+w++ ICtilr. 4, uild h~ ~hCl 1111. C~1 FJ i Ly I Qഀ "Microbrewery' .is.proposed to be defined as a brewery producing 20,000 barrelsഀ F.of:;beer.:..or-1ess::,', per~year'., A brewpub is a restaurant or tavern which bras itsഀ own beer solely for sale to customers on the premises. DCLU.recommends thatഀ ricrobreweries and brewpubs be permitted, with conditions, in the proposed zones.ഀ J Yഀ r I Backgroundഀ Y ~ഀ 4 tഀ Current Zoning Codeഀ Y Seattle's Zoning Code (Title 24 of the Seattle Municipal Code) was adoptedഀ --in-4957. It regulates uses by listing the uses pen.+iti ed in each zone. Asഀ the zones change:-from residential to business to commercial to m3r,ufac-ഀ turing, more uses with greater impacts are allowed. There are four businessഀ zones established in Title 24. The purpose of the business zones as statedഀ in Section 24:06.070 is "to promote retail business development on the basisഀ of function, performed and to minimize conflicts within each zone and withഀ uses in adjacentiresider:tial zones". Commercial zones allow more types ofഀ F uses than bus iness,.zones. -The, commercial zone comprising the greatestഀ amount of-land outside of downtown is the General Commercial, or CG, zone.ഀ Cor~rercial zones`."permit nonretail services and other business acyiviti2sഀ 'protected from industrial uses ...under conditions which minimize ccnflictsഀ y with nearby'residential uses". CG zones permit larger uses with moreഀ possible impacts than are allowed in the business zones.ഀ The three zones which allow the widest variety of uses are the Marufecturingഀ (M) zone, the General Industrial (IG) zone, and the Heavy Industrial (IH)ഀ zone. The purposes of these 'manufacturing and industrial zone cla;sifica-ഀ tions are stated in Section 24.06.090 as follows: to "provide pr3tectionഀ for all kinds of industry under conditions that mir:i,lize.conflicts of landഀ use within and between zones,...the M zone provides for light manufac-ഀ turing uses under specific conditions intended to minimize conflicts withഀ nearby residential uses. The IG zone provides for a greater rare ofഀ general industrial activities ::.Eand] the Iii zone provides for a';t pro-ഀ tects the heaviest industrial activities...in locations to achieve ma xim;,mഀ isolation".ഀ Both the CG zone-and M zone permit outright many types of nanufacturinnഀ uses, including manufacture of'-candy, cosmetics, paints, and oils. Theseഀ uses must be within an enclosed building if located within 50 feet of aഀ -res.idential zone.. In addition, more intensive manufacturing uses, such asഀ -shipbuilding, planing mills, and automobile assembly, are allowed in MI zonesഀ :ഀ T when located a certain distance from residential zones. This dis-a-ceഀ varies from 100 to 500 feet, depending on the use.ഀ The IG zone permits all the M and CG zone uses, ar'c' also allo..s ^therഀ industrial uses when they are located at least: 300 feel. from rc id~nti,1ഀ zone. Breweries are first permitted in IG zones. While sevc-ral additiorsഀ z.ഀ and deletions have been made to the lists of uses -permitted iri CG, M, IG andഀ IH zones since 1957, breweries have been allowed only in IG and IH zer,esഀ since the .Zoning Code was adapted.ഀ ഀ Restaurants with Class H liquor licenses and taverns are first permittedഀ outright An the Coഀ ,-.,,unity Business (BC) zone, v,1= located 7r3rc 5C0ഀ _feet_away from-.a school or playground. In commercial, manufacturing, andഀ industrial zones they are permitted outright without distance requirementsഀ -from other usesഀ Housing is not .ger,zrally permitted in M, Ili, and IG zones. It is allowed asഀ a Council conditional use in CG zones, and permitted outright in °C zones.ഀ 'B. 'Proposed Land :Use Policiesഀ Seattl e J now t n the process of replacing its Comprehensive Plan and Zoningഀ _,•_.,;Code .,w nth a--new-.set of Land Use Policies and a new Land Use Code. Policiesഀ and regulations for residential areas and major institutions have alreadyഀ beer adopted. The City Council is now considering the Mayor's recommendedഀ Policies-,for neighborhood commercial areas and for downto.-qn. Work will beഀ <<beginning,•soon on policies for manufacturing and industrial areas.ഀ The 1eighborhood Commercial Policies proposed by the Mayor set a policyഀ direction quite different frorp that of the current Code. In gei,eral, theഀ ~r policies- would=regulate general categories of uses, with emphasis onഀ - :controlling;mpacts, rather than listing individual permitted uses by name.ഀ -For example, rather then listing antique stores, furniture stores, andഀ ( secondhand. stores as separate permitted uses, the proposed direction %;ou?dഀ be to allow.retail sales of household goods as a general categcr .ഀ Standards are proposed t.o control the impacts of com - rcial u_set, such asഀ .noise and;odor generation, parking and loading, maximum size of use,ഀ J. -screening and__landscapi~rg, outdoor storage, etc.ഀ :.Because the-Mayor's recommended policies are being revised by the C;ty Coun-ഀ cil's -Land Use.Com. ittee, it is difficult to determine ho-vi micre!)re,,germ;ഀ and brewpubs.would be treated under the City's new Policies and Code.ഀ II . Analysis and Recommendationsഀ A. The Brewing Processഀ While both of the proposed amendments would permit the making of beer inഀ more-areas than As allowed today, the intent of tha two proposals is quiteഀ different. One would permit"a~brewery which has a proluctior capacity greatഀ enough to allow--distribution of its product on a regional basis. The otherഀ would permit brewpubs, which would sell their products only fro:r a singleഀ premises, and not bottle or package the beer in a way *h?t wog.?{ allowഀ distribution to,.other vendors even en a local basis. In this analysis, thaഀ general process of beer brewing will be described, and then, ricrohre',eri2sഀ an& 5revipubs will be discussed s~G:~~ratcl~ .ഀ 2 -ഀ ;1 ~ .r t 4 tta~ഀ "Beer" is a'general term `for several beverages which are made in similarഀ i !~-~ia s--from -water'"'malt-" hops, 'andഀ Y yeast. First, barley which has beenഀ i( sprouted 'and dried, or ."malted", 'is delivered to the brewery. Theഀ `.malted barley =~sthen crushed between steel rollers and steeped in hot waterഀ for several 'hours. This process is called mashing. The temperature used inഀ -mashing determines the alcohol content of the beer and affects the body andഀ flavor of.the final product. After mashing, the spent grain is discarded,ഀ and the remaining sweet liquid, called the "wort", is boiled for 1 or 2ഀ hours. --Hops,- which are the flowering cones of the hop plant, are addedഀ while the wort'..is boiled. Hops add a bitter flavor and aroma to the beer,ഀ as well as preservative qualities. After the boiling, the wort is cooledഀ and yeast is added to begin fermentation. Ale is made with a differcr:t_kind.ഀ of yeast than :lager beer, and is fermented at higher temperature for aഀ shorter period of time (3 to 6 days). Lager beer ferments for 3 weeks to 2ഀ months. When fermentation is over, the beer is usually filtered to removeഀ the yeast. It may then be pasteurized, which stabilizes the beer and giveഀ it a longer shelf life. However, there are disputes about whether thisഀ damages the beer's flavor. Draft beer, which is intended to be consumadഀ quickly, is usually not pasteurized. Exhibit 1 illustrates the brewingഀ process.ഀ B. Mi crobreweri esഀ Microbreweries are proposed to be permitted in Manufacturing (•1) zones.ഀ There are currently two breweries in Seattle, both located in IO zcnes. Oneഀ is the G. Heilman Brewery, also known as Rainier Brev,ery, which prodl..cesഀ approximately 1.4 million barrels of beer per year, or 4011. of the beer madeഀ in Washington. -.-The other is RedhookBrevi2ry, which made about 3 OC10 barreഀ in 1983. A barrel contains 31 gallons, or enough to fill 2 sta-;dc:r 1 're s or,ഀ about 14 cases of 12 ounce bottles. Redhook Brewery would meet tie proposedഀ definition of a-microbrewery; Rainier Brewery would not.ഀ rഀ Microb reweries would have similar impacts to other food manufacturing usesഀ allowed in M and I zones, such as candy manufacturers, and fe.-r ir;ipactsഀ than some permitted uses, such as shipbuilding. These possible impac'csഀ include odors, noise and -truck traffic.ഀ Microb reweries might create odors when the wort is boiled. Beer^a':ers atഀ Redhook Bre;•iery in Seattle and at the Yakima Bret•wi rg and l.,a 1 t i ng Comm-);i i nഀ t ;Yakima have d6scribed this smell as similar to that of cooking oatmeal. If.ഀ a brewery made the proposed maximum amount of 20,000 barrels per year, aboutഀ 10 to`12 barrels worth of beer would be boiled on every .~/orkiiig d',y, Theഀ ' Puget Sound 'Air Pollution Corikrol Agency PSAPCA has not rece i red any / 7'T'ഀ _ ) uorഀ com ai n s about ec n -B r -Yഀ k ~~rr_ Ho,;rrver, it as nau coyഀ ai ni er, which makes 1 arge amounts of beer on a continerous basis.ഀ If a microbrewery produced enough beer to make a boiler econo,ricallyഀ feasible, the boiler would require a permit from PSAPCA if it us : ' iw< 1000ഀ pounds of -steam per hour. This permit 4100c1 req!lire revin w o` ;^;;h t;,,-ഀ b01 1 er and any "air contaminant generating equi 11!'1` r.t PSP'- I : i ~;1 C r L'i i'eഀ that the steam be recirculated to the bo i l er• to hurry off ilry r! i c.tiഀ ; ,ഀ or require relocation of thn stack. It is also authorized to deny the per-ഀ ~w ~R mit.A f;impacts`.cannot°be mitigated. It is unlikely that a microhreweryഀ `'`would .justify the'cost-of, a boiler if it produced less than 3,000 barrels ofഀ ( beer. per, year.ഀ t ,'9ഀ -Making:beer'Is not a noisy process, since it generally involves only thi,ഀ movement.. of -l iqui d- from one container to another. However, if b,er isഀ bottled automatically, the equipment can be very noisy. In order to avoidഀ noise impacts, DCLU recommends .that microbreweries be required to be .locatedഀ within a completely enclosed structure when within 50 feet of a residentiaഀ zQne_,=s_iml.ar to- other food processing uses in M zones.ഀ .If beer is bottled rather than distributed in kegs or barrels, more truck-ഀ ' traffic to the:site would also be generated, since the bottles have to beഀ s5 delivered to `.the:'brewery fairly often. It is probable that truck trafficഀ would be similar o that generated by a fairly large bakery. Three or fourഀ trucks would make daily deliveries of supplies to the bre.;ery, although theഀ number would be lower if the beer.were not bottled. In addition, distribu-ഀ tors would pick up the beer once or twice a day. At aഀ maxi,,-'.;M permittedഀ production of 10 to 12 barrels every %gorking day, it is unlikely that theഀ brewery would make enough beer to require large trailer trucks for distribu-ഀ tion. According to Paul Crampton of Rainier Brewery, it takes 140 barrelsഀ to fill a trailer truck. This would amount to over two weeks of productionഀ in one delivery. .It is more likely that smaller delivery trucks would beഀ used to distribute the beer. Therefore, four to seven trucks per day areഀ likely to visit the brewery, which is art average num er in a manufacturingഀ zone.ഀ Employee traffic would also not be significant. Redhook Brewery, with anഀ annual production of 3,000 barrels, currently employs 6 to 8 people. Yakimaഀ Brewing and Malting O -n w is last year pro uce approximately 2,000ഀ barrels, empioys.;3 full-time and one part-time staff. A limited increase inഀ production can be rtz_s I ~ out adding many employees, because th^ sameഀ equipment is used; the brewing process is simply done more often perhapsഀ daily or more than one time per day. After each batch is starte:i, it onlyഀ 12 takes a few employees to monitor the brewing process. The proponents of theഀ microbrewery amendment state in their proposal that a maximum of about 10ഀ -ഀ employees would be required to produce up to 20,000 barrels per year.ഀ ഀ The proposed.amendment would increase by 1193 acres the land ar-_?. of theഀ "`city where'microbreweries would be allowed. This land would be locatedഀ along :l 1. `'Aurora, between N.W. Market and Leary Way in Ballard, around muchഀ of Lake Union, at the northeast edge of Elliott Gay, and in an area south ofഀ the International District (Exh-ibit 2). This would represent an increase ofഀ 3% in the'land.area where breweries would be permitted. Most of this lardഀ is near industrial zones and located on or near major transportation routes.ഀ There are also three isolated M zones, N%,hich are either the remna„Ls ofഀ larger M zones; or, properties which were zoned M due to the manuf,c',urin3ഀ use there at the`time Seattle's revised Zoning Ordinance was adopccr' inഀ 1957,.. These sma"11 (1/; acre to 6 acre) zones are located in Lake= c ,ഀ Ravenna, and on Rainier Avenue. These isolate=c zones, and the fഀ the larger manufacturing zones, often abut r~,sidonI,ial areas.ഀ ,a~i t - 4 -ഀ Much of -the*M zoned land is located on the shorelines of Lake Union, Salmonഀ ` Bay, and .Elliott BayBreweries are generally classified as non=-ater-ഀ dependent;manufacturing uses by Seattle's Shoreline Master Prog-a They.ഀ would not be'.permitted on waterfront lots in the downtown Central Wat erfror,tഀ 2 or on -a ke'Uni on Breweri es woul d be -al l owed on waterfront l ots i n theഀ Urban DevelopTent`environment elong Salmon Bay and upl;nd lots. in all Mഀ ;zoned shoreline-environments.ഀ _'The°traff1cnoise, odor,'and other possible impacts of a microbrewery wouldഀ f be'similar<to those of a,large bakery, which would be permitted outright inഀ a'manufacturing zone. Therefore, DCLU recommend that microbrewer•ies with aഀ maximum production of 20,000 barrels per year be permitted outright in manu-ഀ facturing-zones -'The 'proposed maximum production limit would prevent manyഀ of=the impacts associated with very large breweries. However, because theഀ i `i ntent`-`of th6'~Mzone i s to 'allow light manufacturing uses while minimizingഀ E"ഀ '`{conflictsEwithLraearbyresidential areas, a requirement should be added thatഀ the microbrewery-:be-1-oc ~ed in a completely zrclosec building vihen wi ~1n 50ഀ feetof ar - co -ഀ y_ lot .in a residents zone. is would mean that the same rulesഀ t acurrertly regulate the manufacture of bakery goods, candy, cos„etics,ഀ 'pai its ,':oils; "and' food products would also apply to a mi crobre•:~2r% .ഀ ;C Brewpubsഀ The second amendment request analyzed in this report is a proposal to permitഀ 'brewpubs :in:-BC,,'CG, and M zone's. A brewpub, as described by the proponentഀ of;the amendment-is a "hospitality establishment (a pub, tavern, orഀ restaurant) which brews beer for sale only on the premises and not forഀ distribution=to'other retailഀ (or wholesale) outlets". Because the brewpubഀ :is limited to-selling what it makes on the premises, its production is muchഀ ss•,thar,a:mi.crobrewery! -The proposed amendment would limit the annualഀ production of a,:brewpub to 2,000 barrels, one tenth of the maximum proposedഀ far a microbrewery. ,ഀ Brewpubs are not ~a new idea. Many breweries in the United States once soldഀ Y their beer on the. premises. However, Prohibition, mergers, and economicഀ pressures,'reduced.the number of American breweries from over 1,200 in 1920ഀ to about 45 today`.'.-Most of these breweries make large arrounts of lagerഀ "beer, rather.than ale.. This trend towards large, centralized breweriesഀ also occurred in Great Britair,.• . In 1071, the Campaign, for Real Ale (C'MR.-,)ഀ was organized it Britain to promote high standards for ale. According toഀ CAMIRA, ale must be unfiltered, unpasteurized, naturally carbonated, are.ഀ served by a hand pump or gravity feed. In order to meet these standards,ഀ the beer must be made locally and in fairly small quantities which are cor,-ഀ sumed quickly, which is difficult for large national or regioi~l hre=.-iers tcഀ do. The CA",,,.tA- movement has beer, very successful , and there are row over 5vഀ b.rewpubs in England, up from 6 a few years ago. P:;ericans have also becomeഀ more interested in imported beers and ales ,and the growing nu fiber- of s-„,;lഀ brew;eri es reflects this renewed interest.ഀ A brewpub would have impacts similar to a restaurant or lave,,r 7ru~ traഀ f i c would be ninimal, since no dis'- ribution o f the bc2r 'tiilllC~ i7'ഀ 0..+ഀ Ifഀ other locations The'pro anent stഀ I vr~ P a"es that barley and hops would be deli-ഀ } vered7once{or twice a year.' Yakima Brewing and Malting, which has a similarഀ ഀ t'?T .1 e`vel of product' on 'also has annual delivery of hops. Malted barley wouldഀ „°be`del'ivered approximately four times per year. The brewpub would thereforeഀ probably Fhave truck traffic similar 'to or slightly less than that ofഀ restaurants `or1 averns which are permitted uses in BC, CG, 'and M zones.ഀ The number 'of-,employees needed to run the brc%iing operation vrould be similarഀ to- Yakima-Brewing and Malting Company, which made 2,000 barrels last year,ഀ and 'empl oyed 3 .to' 4 people. Em l o P P yes would also be needed to run theഀ tavern portion oi;the business. Considering these factors, the parkingഀ t rat''o for arestaurant or tavern, which is t%,,enty spaces plus one additionalഀ space 'for each:150 square feet above 4,000 square feet, would be a,equate toഀ accommodate demand for both employee and patron parking. 4lith ar annualഀ yproduction_of000 barrels, it is likely that beer would be rude three toഀ ;four timesi,,per,week.Therefore noticeable odors might beഀ s. to 2 hours '_.,3 to 4; Imes ?ier week. generated for upഀ . ;t+.ഀ 1r'oise impഀ acts would be similar to those caused by a restaurant or tavern.ഀ -.Because production would not be great enough to justify the cost of auto-ഀ mated bottling equipment, noise from this source would not be a problem.ഀ Brewpubs are similar to restaurants and taverns, which are per~itted in BCഀ zones.and all-,commercial and manufacturing zones. DCLU therefore recommendsഀ that .they be ',permitted in these zones under the same conditior+s. In BCഀ zones, brevrpubs should be alloyed when over 500 feet from schools andഀ playgrounds. In.the commercial, manufacturing and industrial zone;, theyഀ should be permitted outright. Brewpub would be define: asഀ a tavern orഀ restaurant which produces on the premises a maximum of 2,000 barrels perഀ ;.year. of. i.ts .own;propr~ietary beer, ale and/or other malt beverage, for saleഀ and consumptiononly on the premises. -ഀ III. Summary and Text off Proposed Amendmentsഀ A. DCLU recommends that microbrevreries be perm.itted in manufacturing (IM) zones,ഀ when 1 ocatad in an enclosed bu -i1d i ng when within 50 feet of a residentialഀ zone. The following two amendments to Title 24 would carry out this re.orn-ഀ mendatlQn. ~1. To the t- 1anufa'ctur-i ng Zone:ഀ Section 24.54.030 Principal uses permitted Outright - DesignaLci.ഀ ~F •kഀ G. Mi crobrevreri es , provi erd that they are l oc,zted i n aഀ comp eteTy enoi os2 F bui l d i ngor c_c i., ei.el ~onc l usedഀ portions of o FG_ i,dir+g v:h(ooithio~ ~ Fty ie~:t of ar,yഀ • OIE: 1 nj an R z o n I ` 6 -ഀ iഀ iഀ ,Iഀ Iഀ I ,ഀ iഀ i ~ ~ ~ ~ 111, ~ i1 ' ~ഀ ~-4 'ഀ "Nrഀ f~ f y~` ~1 ~ I 1ഀ ((cam` ~,~11', l i ~ • ` \ഀ 1 \1'\1\~~' 1'\111 1 ~ \ A {ഀ nഀ A,ഀ dഀ _Sഀ 4ഀ 011Vഀ iഀ Iഀ 0ഀ Nഀ aq Iഀ 0- 1ഀ o (Dഀ ഀ CDഀ yrഀ Cnഀ a,ഀ °ഀ oഀ CD O xഀ v OvZ Vii. a 'yM~\}tiv• 5:ഀ r-L CDഀ (D CD En W CDഀ AD (D Z 0--ഀ 14. P S= OL-ഀ b~'~~ ~ CDC CL U,o►-S:I-(D = ~ a oQ.~ഀ OrR S~ 11 sue. (D r-.. ~ O a' O v' = ' , ::7, 0.. O• Q, ~ ~ 1ഀ `D c r-s sv cDഀ O Q, (rD >y ~ 4• w (D Cr BOG n ;z ~ cn ~cn~ xഀ x Sv v' cn o r'' >v W 1ഀ U) W (D CDഀ CD > ID cn Enഀ Vi~n,n Q v CA) (v Q a' En( 00D (MD Oഀ 'D CD (Dഀ CD .0 CD "ftഀ If -Dഀ 0 (Dഀ (D cn (1) RL -CDഀ (D ro %0ഀ o eഀ 6ഀ Xc,~ M 0\ inഀ ~ഀ tme&pp~ c__ഀ c~ഀ O RN. cou\~ I~ rernwea b~~ '1u,v\ UwQഀ _ t~l'U Cgr(~H~.~ o~aaw~ ~`~~`nQ~r~~, l a!~4M t~a~2ഀ Uഀ TAN . a SD a~ ec~ w~'~',ഀ 11ഀ jt-ഀ C Oഀ • 4ഀ Xഀ To: Andy Norrisഀ From: Community Development Departmentഀ Date: September 15, 1988ഀ Reference: Glen Lyon Amendmentഀ Below are the changes to the Glen Lyon proposal that weഀ feel are necessary in order to support the proposal:ഀ 1. Micro-brewery will have a 6,000 barrel per year capacityഀ 18,000 s.f. maximum square ootage for the micro-brewery,ഀ that includes the common area, brew pub, dinner theatre,ഀ brewery processing area, kitchens and any other square footageഀ associated with the restaurant or brewery operationsഀ 2. Setbacks: The parking structure along the north elevationഀ should have a minimum setback of 5 f.t. and 10 f.t. inഀ the notched areas. The berm in front of the sructure shouldഀ be as high as possible to buffer the structure.ഀ The rear setback should be a minimum of 5 f.t.ഀ 3. The height of the southwest portion of the micro-breweryഀ building must be lowered by 10 f.t.ഀ The finished grade should be raised along the south elevationഀ as much as possible to decrease the visibility of theഀ structure.ഀ The height of the northwest corner of the building is alsoഀ high (approximately 46 to 51 f.t.). Heavy landscaping willഀ be required in the area directly to the west of this portionഀ of the building.ഀ 4. Two loading docks are required for the project.ഀ 5. CDOH review is necessary. We would like to have theirഀ comments on the two project areas as well as requirementsഀ for Frontage Road Improvements in writing. This mustഀ be submitted before you go to PEC. Impacts on the bikeഀ path, project access, and landscaping should alsoഀ •ഀ Uഀ be considered.ഀ 6. If housing is proposed on this site it should be employeeഀ housing.ഀ 7. An enclosed trash handling system must be indicated on theഀ plans.ഀ 8. We feel some parking should be added for employees of theഀ brewery.ഀ Need:ഀ height studyഀ revised EIR information on brewery and loadingഀ as well as zoning analysisഀ CDOH letterഀ Please submit this information as soon as possible. With-ഀ out CDOH review we do not think the proposal should pro-ഀ ceed.to PEC. Height information is also critical and isഀ needed by Monday.ഀ ~01ഀ _iഀ GLEN LYON OFFICE BUILDINGഀ 1000 S. Frontage Rd. Westഀ Vail, CO 81657ഀ \1ഀ To: Kristin Pritzഀ From: Andy Norrisഀ Subject: Amendmentഀ Date: September 14,ഀ r~lഀ to SDD4 - Area D.ഀ 1988ഀ The Glen Lyon Office Building, a Colorado partnership ("GLOB"),ഀ owner of the site described as Area D of SDD4 is proposing a majorഀ redevelopment program. The program is intended to materially upgradeഀ the architectural appearance of the site and introduce a uniqueഀ attraction to the Vail community.ഀ With the opening of the Cascade Village chairlift and theഀ completion on the Westin Hotel, it has become especially appropriate toഀ encourage upgrading the collection of disparate developments betweenഀ Lionshead and Cascade Village. The deficiencies in architecturalഀ quality are well recognized for this highly visable one-half mile strip.ഀ The centerpiece of the redevelopment proposal is the Vail Breweryഀ facility at the west end of the existing Glen Lyon Office Building. Asഀ more fully described in other submitted material, small breweriesഀ (typically called microbreweries) have emerged in the past three yearsഀ in response to changing liquor laws and growing interest by consumers inഀ distinctive beer.ഀ Establishing a microbrewery in a resort such as Vail is uniquelyഀ attractive. First of all, the microbrewery's products are especiallyഀ attractive to up-scale, well traveled clientele. Secondly, a properlyഀ designed facility will be appealing to guests looking for a uniqueഀ dining and entertaining experience. An authentic atmosphere,ഀ reminiscent of Vail's European architectural character, is an experienceഀ that visitors to Vail expect to find. We plan for the Brewery to offerഀ some of the elements previously found in Vail's Blue Cow and presentlyഀ available at the Crystal Palace in Aspen.ഀ Having a product identified with Vail will further promote theഀ resort. The Brewery will bottle and keg its products making themഀ available throughout the state.ഀ The Glen Lyon site is especially well suited for the Breweryഀ operation. It has excellent sun exposure from the south and west whichഀ will encourage outdoor dining. The site is accessible to skiers fromഀ the Westin Ho ski way. Skiers may also conveniently access the Cascadeഀ Village chairlift. It is on two Town bicycle paths. During the winterഀ the bike paths may be used by horse drawn sleighs from both the Marriottഀ and the Westin.ഀ The site's location on South Frontage Road facilitates access byഀ hotel courtesy vans as well as the Town of Vail bus system. It alsoഀ accommodates the relatively limited amount of service required.ഀ o Qഀ The Brewery will operate its warehousing and storage facilitiesഀ off-site. Raw materials and finished goods will be transported to andഀ from the Brewery in smaller trucks (maximum length of 22 feet). Tractorഀ trailer operations will be located at the off-site warehouse.ഀ The Brewery will include a fully enclosed loading dock. Within theഀ dock area will be compactor for solid waste storage and removal.ഀ The Vail Brewery has been designed for a comfortable capacity ofഀ 6-000 barrels per year. Adding an additional brew per week couldഀ increase the capacity to 7500 barrels. No expansion of the buildingഀ facilities is necessary or will be considered desirable.ഀ Microbreweries have been in operation for several years in suchഀ environmentally sensitive communities as Boulder, Seattle, Portland,ഀ Berkeley, and Palo Alto. Impacts on water, sewer and air are wellഀ documented and have not been an issue. The very small quantities ofഀ product produced and the use of only natural ingredients hasഀ differentiated the microbrewery from the "industrial" brewery.ഀ The Vail Brewery will reach its highest activity level in theഀ evenings. Guests will arrive in the afternoons on. skis, bicycles, foot,ഀ Town bus, and to a limited extent in private cars. During the evening aഀ higher proportion will arrive by courtesy van and private car. Theഀ site's other use of office is particularly compatible with theഀ Brewery's parking requirements. Office parking is concentrated on weekഀ days between 8 a.m. and 5 p.m. Brewery requirements expand at 6 p.m.ഀ and are expected to peak at 8 p.m. The proposed parking structure isഀ designed as a managed operation to best accommodate the site'sഀ requirements. A comprehensive parking study has been completed by TDAഀ and is included in the EIR.ഀ ~OQഀ The most significant impact of the new development will be itsഀ dramatic change in architecture. The style will duplicate the Westinഀ with stucco siding, dormers, pitched-metal roofs, etc. It is to be theഀ entry statement for Cascade Village. The development plan also includesഀ undergrounding the power lines for the length of the property andഀ relocation of the bike path on the west end in order to reduce itsഀ grade. The surface parking will be replaced with a two level structureഀ and a site for an east bound Town bus stop developed at the west end ofഀ the site. Landscaping will be substantially upgraded. It is hoped thatഀ this redevelopment will stimulate other similar projects in the area.ഀ The generally upgrading of this important connection between Lionsheadഀ and Cascade Village is long over due.ഀ The Vail Brewery has a completely different program than the Boulderഀ Brewing Company. Boulder is producing in excess of 9000 barrels perഀ year, 90% of which is being bottled (112,000 cases). Boulderഀ "distributes into 34 states thereby requiring a large commitment to smallഀ quantity trucking. Less than 2% of Boulder's production is consumed onഀ ;premise. Boulder acquires its malt in bulk loads of 40,000 poundsഀ .rrequiring a silo for storage.ഀ The Vail Brewery will produce about`-aM barrels per year.ഀ Approximately 35% will be consumed on premise (2100 barrels). Only 1000ഀ barrels will be bottled (approximately 13,000 cases). The remaining jഀ beer will be kegged for distribution to Eagle County, Summit County andഀ the Front Range. Vail expects to have only one distributor, Murrayഀ Distributing of Denver, who will pick up the finished product from theഀ Minturn warehouse. Vail will sell only in Colorado.ഀ For a brewery, bottling requires the greatest storage for bothഀ packaging material and finished product. Vail will minimize itsഀ bottling activity to approximately 15% of production.ഀ Lastly, Vail will acquire its malt in 50 and 100 pound bags.ഀ Tractor-trailer loads will be stored in Minturn and delivered in brewഀ size quantities to the Brewery in van sized trucks.ഀ ICഀ 10WHഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 476-7000ഀ September 14, 1988ഀ Mr. Joe Sanchezഀ Chief Executive Officeഀ Boulder Brewery Companyഀ 2880 Wilderness Placeഀ Boulder, CO 80301ഀ Dear Joe:ഀ office of community developmentഀ I want to thank you for the time and advice you offered Susanഀ and me concerning the operation of a micro-brewery and brewഀ pub. I appreciate you taking the time to personally answer ourഀ questions and give us a tour of the brewery. As was apparentഀ that morning, you have many demands on your time. I alsoഀ appreciate your effort to give me contacts in the Boulderഀ Planning Office. Once again, thank you for providing us with aഀ resource of information. I wish you the best with the Boulderഀ Brewery Company.ഀ Sincerely,ഀ Icy G~ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ %ഀ . , I.ഀ ILA,"ഀ To: Andy Norrisഀ r~ഀ From: Community Development Departmentഀ Date: September 9, 1988ഀ Reference: Glen Lyon and EIRഀ Below are comments on the Glen Lyon proposal:ഀ 1.ഀ Is it possible to pull back the parking structure fromഀ the property line 5 ft. in the areas of the greatestഀ setback encroachment and 10 ft. in the other areas?ഀ This would free up more area for landscaping, specificallyഀ large evergreens and deciduous trees.ഀ S~~I 2.ഀ What is the minimum rear setback that you are requesting?ഀ 3.ഀ Do you have approval from CDOH on the improvements youഀ are proposing on their property? (turn-around, loadingഀ ingress and egress, sidewalk, landscaping)ഀ 4.ഀ What heights are you proposing for the buildings? Fromഀ the elevations it appears thaqt you have heights forഀ the office/brewery building of 30 to approximately 50 feet.ഀ The residential building has a height of 20 feet.ഀ 5.ഀ The EIR must be updated to show how the proposal com-ഀ pares to the development standards for this site usingഀ ABD criteria.ഀ 6.ഀ Are you proposing 96 spaces for the structure and 4ഀ on site spaces by the residence?ഀ 7. Please revise the summary of what is being requested for theഀ Glen Lyon site. The bike path relocation, undergrounding ofഀ the utilities, and bus stop should be listed as parts ofഀ the proposal.ഀ 8. What is the roof pitch? ABD has a requirement of 3 in 12.ഀ 9. Staff has concerns about the loading area adjacent toഀ the Frontage Road.ഀ 10. The EIR as a whole must be revised to show the changesഀ to your amendment request. The revision should includeഀ Cഀ p Qഀ sഀ a list of everything that is being requested, revisedഀ development stats, parking calculations, informationഀ on heights, and any assumptions you are using for set-ഀ backs. As I mentioned before, I think the visualഀ quality section is lacking alot of information andഀ needs more work than just the view analysis.ഀ 11. I believe that residential units are a conditional useഀ in ABD.ഀ 12. Does your proposal comply with the transportation planഀ for the ABDnndistrict?ഀ T (Gll C2x Q f Gil P~ ~Gtnഀ 0~~w~ U~'~-ഀ Uഀ 0ഀ 0 cak:~sQly I~S~ v~q~Db~_ ~~pla~ way awl o~ +loa-a~eu .ഀ uഀ Q dohambഀ vഀ 540 4$ ' 4&'ഀ i Viv p40Wv~010ti5ഀ ng.ഀ Q Pc~k~~gG~,{~ aww4ovi - wlot rx arenl m4,(jഀ aeVeQtഀ Q~i1uaQ S~^~~-FeiB~}S~ 3¢~buW Jet. SGntW kAM"e~ഀ C164 ;nQA- WkN. will Aia rvo~ina oU.W.ഀ P~~ n,~. 3' .n t1.~ഀ U r C . pdtAlD p~Wn cw~b o.AKaഀ Wa~~~ bul~a~ 1•x`1 acK.s~•S~ktor(3Dഀ ape,,, oഀ f(kA •ഀ o re.~ഀ h ral .Q.kCNt qoഀ MO - Sltfkഀ }l, 13aഀ rA P.ഀ r x !3 = 64 S- (rya (agadp4A~ഀ al.ഀ Dഀ fM- : r4al 61~1~.05 P. Area. r4d f4e Afeq =ഀ ~uഀ Lഀ Icy- 31Dഀ 13q uഀ Per L/ 10ഀ tooഀ qഀ ,ഀ 3ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ IS _0ഀ cl )Dഀ 1ഀ ഀ ഀ ഀ ഀ ഀ ഀ YO Oഀ 1ഀ 6~ss Ow ,ഀ /W3~~ ~fഀ %ഀ +ഀ a, ovbഀ wഀ dഀ 4alz- 1316ഀ 81ഀ Jഀ 196 ixau. Affm /o,odv0ഀ 2 19~-buy/f st p~ 131w"D~ഀ ~{Marz !4~ഀ ~aGPaued fu- 3,0Oo¢o~r~a~7-ഀ ~'u-j~tQ •ഀ 1,06,00M44d-kഀ March Ipf~ഀ Mc aഀ NOWഀ 1n o~uഀ 600ഀ ODDഀ oDvഀ (2u~bഀ -~,ro M~. ag; 0, flew- a~Rഀ PAW-ഀ 11ഀ Ili,~jbഀ Z"40ഀ l)A Faഀ aQNoed a<mm ~bu, ~O co„~e.ഀ (3) MINi t i - 1M;'~ AR- C. 10Itഀ .4or AvIr oraix(Lഀ fT " ~ഀ twഀ D. W ova W4~0&ഀ kfbad . 6y 3"ഀ Ujഀ IOWH 0ഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 476-7000ഀ September 7, 1988ഀ Mr. Joe Sanchezഀ Boulder Brewery Companyഀ 2880 Wilderness Placeഀ Boulder, CO 80301ഀ Re: Meeting, September 13, 1988ഀ Dear Joe:ഀ A&ഀ office of community developmentഀ I am writing this letter to confirm our meeting at 10:30 AM atഀ the brewery. Susan Scanlan, environmental health officer forഀ the Town of Vail, will also attend the meeting. We areഀ interested in discussing with you the approval process for theഀ Boulder Brewery Company. I am also interested in finding outഀ any environmental impact concerns related to the brewery. Asഀ you know, we are in the process of reviewing a proposal toഀ locate a micro-brewery in Vail. Also, if you have any otherഀ names of people involved with the review of your breweryഀ proposal, I would appreciate receiving their names and phoneഀ numbers. I look forward to seeing you on September 13. Thankഀ you for taking some time to meet with Susan and me.ഀ Sincerely,ഀ Kristan Pritzഀ Senior Plannerഀ r1ഀ KP:kcഀ wഀ tഀ Ahഀ STATE OF COLORADOഀ DEPARTMENT OF HIGHWAYS ~EH7 OF yഀ 714 Grand Ave., P.O. Box 298 P~ .ഀ Eagle, Colorado 81631-0298 o µഀ (303) 328-6385ഀ rF ov coഀ August 18. 1988 Vഀ Vail Ventures, Ltd.ഀ 1000 S. Frontas'e Road Westഀ Vail, CO 81657ഀ Attn: Mr. Frank Freyerഀ Re: Landscaping at 1000 S. Frontage Road, Cascade Building.ഀ Gentlemen:ഀ This is to rant permission for landscaping of highway right ofഀ way at mile 175 on the south frontage road along the Cascadeഀ building.ഀ No work will be done within eight (8) feet of the ed~4e of theഀ roadway- except planting of native grasses. Outside the eight (8)ഀ foot clear band small berms may be built. These berms are not toഀ exceed the height of the paved roadway edge. Draina5e must beഀ allowed for between and around these berms. Any rocks used inഀ landscaping will not exceed eighteen (18) inches in diameter andഀ shall not be placed so the top of the rock exceeds pavement levelഀ at the edge of the roadway. Bushes and shrubs may be plantedഀ outside the eight (8) foot clear band. These plants are to beഀ low growth shrubs and bushes. No tree, that has a base greaterഀ than four (4) inches in diameter, will be planted within twentyഀ (20) feet of the roadway. Trees larger than four (4) inches inഀ diameter at the base must be thirty (30) feet from the edge ofഀ the roadway.ഀ Si~'ht distance must not be obstructed from West Haven Drive forഀ a distance of two-hundred-fifty (250) feet.ഀ The Department of Highways reserves the right to revoke thisഀ permission at any time it deems necessary. The Department ofഀ Highwavs can at any future date require modifications orഀ deletions to any part of this landscaping. The Department ofഀ Highways will not be responsible for any damages done toഀ landscapin-g in the course of normal maintenance or snow remo-,.-aiഀ operations.ഀ 1i /_"C~, 1".7 i771ഀ op" IFഀ ~f11 /BUG`',ഀ 1 T M1ഀ Fail Venturesഀ Aug. la, 1988ഀ Pa!2~eഀ All fla.--.in-. and traffic control will be done in accordance withഀ the M.U.T.C.D. Signing is required at all times work- is beingഀ done. Flagging is required when any equipment will be on theഀ paved roadway.ഀ Sincerely,ഀ J. Bryce Sanburgഀ Hwy. Maint. Supt. IIIഀ A. L. Pierceഀ Sr. Hwy. Maint Supv.ഀ E. E. Hillഀ Hwy. Maint. Supvervisorഀ xc: Sanburg/Driethഀ Pierceഀ Hillഀ P-19ഀ E*ഀ Vail Brewery Companyഀ 1000 South Frontage Road, Westഀ Vail, Colorado 81657ഀ 303 476.0838ഀ To: Vail Brewery Interested Partiesഀ From: Andy Norrisഀ Subject: Location Evaluationഀ Date: June 6, 1988ഀ ONഀ The business program for Vail Brewery continues to progress atഀ an increasing rate. Plans and agreements are being developed forഀ our initial product "Vail Ale" to be produced by the Red Hookഀ Brewery in Seattle for sale in Colorado beginning in October 1988.ഀ Vail Ale will be our formulation and produced under the directഀ supervision of our brewmaster, Herman Horterer. We believe thatഀ this approach will preempt possible competitors, enable us toഀ establish a market share prior to opening our operation and takeഀ advantage of the publicity produced by the World Alpineഀ championships this winter.ഀ We are faced by a dilemma as to the brewery location.ഀ Conceptual plans have been produced which include the facility as aഀ featured element in the Cornerstone Building at Cascade Village.ഀ The Brewery has been submitted as a permitted use with the Town ofഀ Vail and little opposition is expected. The Cornerstone Building isഀ approximately 100,000 sf of which the brewery is but a smallഀ element. The total development cost for the building is in excessഀ of $12 million. The time required to complete architecturalഀ drawings is almost 6 months and fees will total in excess ofഀ $350,000. The construction period for the building is 16 to 18ഀ months. Under the most optimistic scenario for the building,ഀ architecture must begin by August 1, enabling a construction startഀ on April 15, 1989 and completion in July 1990. If architecture wereഀ not started until the fall of 1988, completion would be delayed toഀ December 1990. At this time, Vail Venture's general partner has notഀ expressed any interest in proceeding with the preparation of aഀ financing package or committing to the architectural fees.ഀ Although Vail Ventures is aggressively seeking anഀ investor/purchaser for the Cascade Village project, it is improbableഀ that any ownership change could occur before the fall of 1988,ഀ Because of the delays and uncertainty, we have considered otherഀ locations for the brewery. Among them has been Minturn, Beaverഀ Creek and the development site between the Interstate and the Southഀ Frontage Road across from the Glen Lyon Office Building. Noneഀ seemed to have the ambiance potential for a beer garden, views,ഀ skier access, etc. Christian Wolffer suggested the west end of theഀ Glen Lyon Office Building, a site that has already received approvalഀ for additional development. The site was more attractive than theഀ others because it offers ski-in/ski-out, direct access to Gore Creekഀ and excellent visibility.ഀ This location is owned by a partnership that I control. Itഀ appears to be readily financable and is suitable for some winterഀ time construction. It is included in the same zoning district asഀ the Cornerstone Building so that the work completed to date forഀ approvals would be applicable.ഀ The Glen Lyon brewery site could be completed by October 1989ഀ and perhaps sooner if some winter construction were undertaken. Itഀ is probably a less expensive building which would result in lessഀ costly lease payments.ഀ To evaluate the technicalഀ the Glen Lyon partnership hasഀ prepare a parking program andഀ engaged ROMA of San Franciscoഀ brewery on the site. Both ofഀ June 20.ഀ feasibility of the alternative site,ഀ engaged a parking consultant toഀ requirements analysis. It has alsoഀ to prepare conceptual plans for theഀ these studies should be complete byഀ In order to assure objectivity in our location selection, Iഀ have prepared a schedule for the qualitative analysis of each site.ഀ I have included a brief summary of the characteristics of each site.ഀ If you believe other issues are relevant, please add them and returnഀ to me. Also included is a "rating" schedule. At the bottom pleaseഀ add any other valuation comments that you feel might be appropriate.ഀ It is most important that we select the best possible site forഀ our project. I appreciate your assistance. Because of timeഀ constraints, please complete your evaluation by June 20, 1988. Aഀ return envelope is enclosed for you convenience.ഀ Vail Brewery Companyഀ Location Analysisഀ June 6, 1988ഀ Glen Lvon Office Building Expansion:ഀ General Description: 15,000 sf on 3 levels; beer gardenഀ located on terrace overlooking Gore Creek.ഀ Architecture: As yet undefined.ഀ Terrace: Outstanding sun exposure to south and west; veryഀ protected; directly on Gore Creek.ഀ Parking: Small structure (30 spaces) available for patrons;ഀ additional office parking of 60 spaces available duringഀ evenings. No conflicts (parking management planഀ presently being prepared) anticipated.ഀ Town Bus: West bound stop, approximately 200 feet to east;ഀ east bound at Brewery.ഀ Skiers: Lower Terminal of Cascade lift approximately 1350ഀ feet to west on a 5% down slope; access from Westin Hoഀ across Lot 39 to bridge on down slope. Upon developmentഀ of Lot 39, access from Westin Ho will be 700 feet upഀ bike path.ഀ Bicycle: Located on junction of two major bike paths veryഀ visible.ഀ Signage: Outstanding from both Frontage Road and Interstateഀ Service: On S. Frontage Rd; easily accessible, noഀ conflicts, not visible to patrons or pedestrians.ഀ Neighborhood Characteristics:ഀ 1. Westin Hotel approximately 1,500 feet to west;ഀ Marriott Hotel (350 rooms) 1,500 feet to east.ഀ 2. Direct access from Frontage Road.ഀ 3. Office building includes approximately 100ഀ employees. Vail Professional Building (150ഀ employees) across street; approved developmentഀ of retail center of 13,000 sf directly acrossഀ the street.ഀ 0 0ഀ Vail Brewery Companyഀ Location Analysisഀ June 6, 1988ഀ Cornerstone Building:ഀ General Description: 15,000 sf; 10,000 sf (Beerhall, Brewpub,ഀ retail) on Plaza level fronting landscaped courtyard with Terraceഀ Wing, 5,000 sf (non-public) at second level.ഀ Architecture: Continuation of Westin theme which featuresഀ loggias, steep roofs and dormers.ഀ Terrace: Seating approximately 80, good southernഀ exposure, western exposure blocked by Plaza Wing;ഀ overlooking heavily landscaped plaza with majorഀ seasonal water feature.ഀ Parking: 149 spaces available across Westhaven Driveഀ (approximately 200 - 300 feet). Parking also servesഀ day skiers, Cascade Club members, theater patrons andഀ college students. During ski season, inadequateഀ evening parking is probable.ഀ Town Bus: Stop is at Westhaven Transit Mall, approximatelyഀ 250 feet away.ഀ Skiers: Brewery entry located 240 feet from Cascade Villageഀ Terminal and 350 feet from Westin Ho Ski Way.ഀ Bicycle: Not directly on paths; access across Terraceഀ courtyard from Gore Creek path.ഀ Signage: Very limited; not visible from Frontage Road.ഀ Service: On Westhaven Drive; congested, difficult toഀ conceal effectively.ഀ Neighborhood Characteristics:ഀ 1. Westin Hotel with 325 rooms.ഀ 2. Westin Conference Center capable of handling up toഀ 600 people is directly adjacent.ഀ 3. Shopping area of about 20,000 sf in adjacentഀ buildings.ഀ 4. 50 proposed additional hotel units in same building;ഀ over 140 condo units within walking distance.ഀ 5. Adjacent to Cascade Club.ഀ CAFI 1-D ~ ~._.Lഀ SUBJECT: Environmental Reviewഀ JUH NU. ?9'4s__ഀ SHEET_ OF - 5,ഀ April 8, 1986ഀ =iGViow pf CfFcext etf l`RVironmentഀ Resulting from-the installation of a Mini-Brewing plantഀ in conjunction withഀ DRAWBRIDGE MOTOR INNഀ Yet` Mi.t.nh41 1 r Konteie"i[xഀ The installation and aperwtion of a alai.-.brAw" k lAnt rrndstrina hAtrhw.Rഀ of approximately 25 barrels/brew and with an annual output of not moreഀ than 12,o00 rAc%&j e:lb dvaa 1luL refireeent a aisniEi,aant impact on snf on.ഀ Ylrpsu11W11Lal 4Vl+d1LiuiAw. 't<ha fisat two aaotiono e£ thie mopo=t providesഀ a gulaW .al uvoaviow of the brewing p:rooeoc anel of tV16 matoriala d!.0n.h0"C* iഀ Frnm the process. The third portion of the report covers the anticipatedഀ specific substances and quantities from the plant being planned. Allഀ information is based on the construction of a classical brewing operationഀ utilizing malted and unmalted crushed grains, hops, water and yeastഀ as the basic raw material and producing beer ranging in alcohol contentഀ from 1.5 to 7% by volume with the production packaged in metal kegsഀ or in glass bottles.ഀ 1. PMAt Zbas uYbRV1&%ഀ A. Material Preparation:ഀ 6ar:awisa~ nrwl.-r iwla. a:..r:y1aS.3Rq ar malted kPae.GY. u"Maltoei gaaluROtഀ au,=h as rain r%r rfe+.A Anci liquid adjunct such as fructose orഀ s: r.. rr r.y. r:ir rrr.ay t..-, uaacl in thw. pROdva+_ . Thc ao matoriSl.e awesഀ reoeivad oithese ism b+gs or chums ..r may ha reye-PiVW'A in hiilkഀ trailer or tank trucks. The materials are loaded into properഀ storage facilities in the plant isither by movement of the indi-ഀ Y1Quaa containers 4L by 111""1142111".;G1 va ye.IcuM0LiC. LreA]efrort-ഀ All tvanepoct oquipmont which miePub RroAta Aiim* is prnvi.dcft.dഀ with filtration equipment.ഀ In preparation for brewing, the stored material is transportedഀ as mentioned above to crushing and weighing equipment and isഀ stored in closed hoppers prior to processing. Here again,ഀ all conveying and storage facilities are provided with filtersഀ LQ proreant eaoope of duct tb tho atmoaphwro_ഀ JOHN H. BERGMANN, ASSOCIATES LTD. • 16 NORTH FRANKLIN STREET a OOYLESTOWN, PA 18901ഀ TELEX: 5101011320; "BERGMANN DOLN" * Telephone: 215.345-0920 * Gables: Johbai Doyiestown Paഀ wഀ 3UUJL4E: M --L +n~•+*r,l Ab"iowഀ J-18051_.ഀ JO8 NO.ഀ SHEET _ 2 OF 5ഀ 8. Brewing=ഀ l ,ഀ April 8, 1986ഀ The dry crtl$neo material Aa 1,%.ixed with wRtwr in rgar~nr VeSS015ഀ designed for steam heating and ror mixLnq aL akwv-ophcar3.o FseA"c'lrO.ഀ The vessels are provlQed wltn vr11L. aLacka. Tho man h (mivt1+rpഀ of dry grains and water) is subjected to heat and agitationഀ Lu erctraot coiubla a"uAra. dextrins and protein from the grail.ഀ The solution is LIiRlLi oCparated f roM tn4 'JrA i nx Liv luco,sa ofഀ a tkitratlon Ldtih.. The romaining aaliA MAtariAl (spent, grains)ഀ are removed from the plant and become feed material for live-ഀ stock. The soiutlon is rsuujw%.Led to further pr-teamaino byഀ ho.ilina. settling and cooling. Solids which accumulate inഀ the settiinq process (the trub) are removes with the UpftLLL yialuoഀ or may be further mixed with water to reauce the C.OnQUrlLiaLiuuഀ and discharged to the sewer.ഀ c. Fermentation and Aging:ഀ k~ഀ The cooled solution is transferred to a tank (the fermenter)ഀ with trio a¢Q1L101'1 vL 1"'t. %,Ft,W A FJ%eQA Varied of time.ഀ the liquid (the beer) is further processed through the removalഀ of most of the yeast and is then subjected to aging, Tiled moved yeast is eltne>r disvrtaiiyctil '"I" the avant sr"ne nr mryഀ ,ഀ by further diluted tU LJWiu».L di.aohargo to tho ea,.,vr,ഀ D. Finishing:ഀ The aged beer is Clarit'" Dy passiLly Ll+rc'J'gh a filtor utiliair.]ഀ diatomaceOUa earth as Vies £i -a aid. Tho ciaririoA hear is,ഀ delivered to the bottling or packaging tanks. The spent dia-ഀ toFSliic:esvuo Corti, Lod vemzvoA wh A dry cake to be used as landഀ fill or is further diluted for discharge to the sewer.ഀ S. Packaging:ഀ The finished riser is then delivered to the packaging machinesഀ and packed either in me•1_ai voafta~ matQ1 oana or O1a<a hnttlps.ഀ T11c P--k&91 Fj •quipmant mAy include equipme.t for washing ofഀ reuseable bottles or rinsing of new, non-returnable bottles.ഀ The bottled beer may be further processed by pasteurizationഀ utilizing recirculated hot water.ഀ jow0d N RERGMANN. ASSOCIATES L I U, • 16 NOMTFi rnAJ4KLM STRGfaT • 1C OVI F wT~iAiN'PA 1~ p901ഀ TELEA: g401 Q11320. -DLitt..rriArvrv vV Tn. rഀ AMഀ SUBJECT: Environmental Reviewഀ tഀ wഀ JOB NO. _-:1-18051ഀ SHEET _ 3 OF April 8, 1986ഀ F. Utilities and Cleaning:ഀ To operate the plant, utilities are required consisting ofഀ steam produced by a gas-fired boiler, refrigeration producedഀ by Freon compressors, and compressed air. For a plant of thisഀ size carbon dioxide gas will be purc:haled in liquid form. Elec-ഀ trio onaxsy will be pl+rnhaaoA from t-ho p„hl ii- stti 1 it•y Anti wmt-,-Yഀ will be secured from local sources and processed by additionalഀ filtration if necessary. Cleaning of equipment in the plantഀ w11.1 be parfnrmotl PifthAr mwnri.vl ly nr thrntiah ptirripp.d array ayG-ഀ tems.ഀ e.. T,Ahr1T•nT•nry riiial A;$,$tyt.lc_nl idutk:ഀ In a plant of this size, laboratory and analytical work willഀ consist of microscopic examinations, optical or visual andഀ arganaloptle eempaxinona_ The uoa of er+lvente nr tbvi-e materialaഀ is not anticipated.ഀ k -ഀ H. Water Utilization:ഀ It is anticipated that water useage in this plant on an annualഀ basis Will be between 7 and 10 times the quantity of saleableഀ beer produced. The volume of water discharged to the sewerഀ will be the amount of water introduced into the plant lessഀ aVF&;%:ximately 2.4 bimcm the amount of aaloablo boos produood.ഀ Sewage discharge volume is therefore between bb and 75% ofഀ the water used.ഀ I1. LVA4,UATIUM Ur hfCLt3t:C~TS G13CnAAGMEs TO THE LxrV2A0NM=4Tഀ A. Vaportഀ M0t.tasi9Ll L11aul~aLya~1 i,L WQV%704; EVViA\ Q=iyinntQa in the brow houmaഀ from the vent stacks of the processing vessels. This vaporഀ is primarily water vapor containing no suspended solids. Addi-ഀ tional vapor discharge its from the steam generating equipment.ഀ bince gas S1rea Collars w111 bt: ubwa, t.lmbn vay+vLa Will i,vLഀ be harmful to the environment.ഀ JOHN H. BERGMANN, ASSOCIATES LTD. s 16 NORTH FRANKLIN STREET • DOYI ESTOWN, PA 18901ഀ TELEX: 5141011320: "BERGMANN DOLN" * Telephone: 215,345-0924 a Cables; Johbal Ooyiestown Peഀ EXHIBIT 2ഀ SUBJECT: Environmental Review?ഀ Jos NO. J-18051ഀ tiഀ SHEET_j_ OF 5 April S. 1986ഀ 8. Airborne Particulate Material:ഀ AF daacri"A in tha rrnnsin overview. certain operations inഀ the handling and preparation of raw materials produce dust.ഀ The origin of this dust is from the raw materials. These areഀ considered valuable. They are collected and re-introducedഀ into the process as extract material. The filtration equipmentഀ provided generally operates at 98.58 efficiency removing parti-ഀ CU,Late matter t2c.7we1 Lu 2 tL11c .'ui'ie ar lcoa thue roculting in noഀ impact on the environment.ഀ C. Solids and Semi-Solids:ഀ Semi-solids discharged from the brewing process consist ofഀ spent grains. This material consists of the raiidue from theഀ preparation of the wort including perhaps the trub, the wasteഀ y,aaet AnA diatnmae~p..nus earth. It is discharged from the plantഀ with a moisture content of approximately 808 and is carriedഀ away in vehicles for delivery to facilities for feeding ofഀ livestock. Other solids discharged from the brewery are fromഀ the packaging operations and are considered trash consistingഀ of broken glass, waste carton material and waste label material.ഀ 11. TAquid Dischargesഀ The liquids discharged into the sewage stream originate fromഀ the process and can be identified as follows:ഀ 1. wortഀ Discharged in small quantities and with a high rate ofഀ dilution at the end of the filtration process and in combin-ഀ ation with trub during cleaning of the wort settling tank.ഀ This material represents approximately It of the beer pro-ഀ duced.ഀ 2. Beerഀ BpPr will. ho dip-rhar(IAA *n tha eoWer, easy sa a rooul! e£ഀ residues in tanks during washing operations and small quan-ഀ tities lost during the filling operation. This materialഀ will also be discharged at a high rate of dilution andഀ represents less than 28 of the beer produced.ഀ JOHN H. BERGMANN, ASSOCIATES LTD. a 16 NORTH FRANKLIN STREET a DOYLESTOWN, PA 18901ഀ TELEX: 5101011320: "BERGMANN DOL,N" 0 Telephone: 215.34rs0920 0 Cables: Johbal Doylestown Psഀ .ഀ SUB.}ECr: Environmental Reviewഀ mar/ . .ഀ 3-18451ഀ _ JOB NO, rഀ 4 5ഀ SHEET 5 .-OF April 8, 1986ഀ 3. Yeastഀ Yeast if discharged to the sewer represents approximatelyഀ 11 of the beer produced and will be discharged at a highഀ rate of dilution.ഀ 4. Diatomaceous Earth Slurriesഀ This material if discharged to the sewer will be dischargedഀ at a high rate of dilution and represents approximatelyഀ 211 of the beer produced.ഀ 5. Washing Compoundsഀ Compounds for washing of tanks consist of sodium hydroxideഀ in concentrations of less than 31 combined with small quan-ഀ tities of quarternary ammonium compounds. This materialഀ is reused and discharged infrequently at high rates ofഀ ( dilution.ഀ III. EFFLUENT DATA SPECIFIC TO THIS PLANT AND PROCESSഀ The processing of 25 barrel batches results in brew house quantitiesഀ of approximately 875 gallons and beer quantities in the fermentingഀ and storage areas of approximately 820 gallons. The quantitiesഀ of liquids discharged during any of the processing operations willഀ therefore be from~l5 to 25 gallons of liquids which may containഀ up to 20,000 ppm of B.O.D. and 3,000 ppm of suspended solids.ഀ This material, however, will be collected in holding vessels forഀ dilution with other low S.O.D. and low S.S. liquids. The averageഀ range of effluent strength therefore for the plant will be. as follows:ഀ S.O.D. 1,650 ppmഀ C.O.D. approximately 2,000 ppmഀ S.S. approximately 500 ppmഀ PH 6.5 to 6.0ഀ Temperature 86"Fഀ The anticipated maximum volume of effluent discharged to the sewerഀ will be approximately 1.8 million gallons/year discharged duringഀ approximately 250 operating days in the year.ഀ fഀ JOHN H, BERGMANN, ASSOCIATES LTD. w 16 NORTH FRANKLIN STREET a DCYLESTOWN, PA 18901ഀ TELEX; 5101011320: "SERGMANN DOLN" • Telephone; 215.345-0920 • Cables; Johba! Doviestown paഀ vഀ Cഀ PROFORMA BUSINESS PLANഀ THE VAIL BREWERY COMPANYഀ VAIL, COLORADOഀ January 7, 1988ഀ The Company and Its Businessഀ The Company intends to become a leading non-athletic touristഀ C attraction in the resort of Vail, Colorado. e Company's brewഀ brewpub, museum and shop will strive to offerTconsistently highery,ഀ quality products: Specialty beer, dining and entertainment,ഀ education, and souvenir/gifts, that together will provide theഀ visitor with an absorbing, educational and entertaining glimpse intoഀ brewing history and tradition. The decor will be reminiscent ofഀ Tyrol, consistent with the architectural character of Vail inഀ general and Cascade Village in particular.ഀ Plan of Operationഀ The Company will establish itself as a premium quality producerഀ of specialty beer. Based upon a reputation of consistency andഀ quality,the Company will be in a position to capitalize upon theഀ high volume of affluent individuals traveling to and through Vail,ഀ Colorado to find leisure activities and entertainment. In additionഀ to supplying fine beers for distribution, the Company plans toഀ attract to its facility two major visitor segments: (1) theഀ individual or family on vacation, and (2) the oroഀ visitors on business travel or package tour. eCompd group ofഀ wilഀ tours, museum exhibits, dining facilities, entertainment, andl offerഀ shopping to the general public. The brewpub will also appeal market, by virtue of its special atmosphere and accssibilitveഀ The brewery and brewpub will provide visitors with an "escape" intoഀ the brewing community. All components of the environmentഀ ,employees, decor, music, food, etc.) will work to create anഀ authentic atmosphere in European brewing traditions.ഀ The Company expects to meet its production goals of 2,500ഀ barrels in its first year, expanding to 4,000 barrels by the fourthഀ year. Sales will be limited by the capacity of the brewerഀ increasing amount of production sold on-site. Y, with anഀ decide to subcontract its excess demand to otherhbrewers.ly mayഀ Company could expand its brewing capacity in the future to Theഀ approximately 6,000 barrels if "in house" demand requires. Theഀ brewery will operate six days per week throughout the year.ഀ Based upon a production of 4,000 per year, the followingഀ markets will be served at stabilization:ഀ On-siteഀ On-sitഀ draft salesഀ 1750 barrelsഀ eഀ Off-siteഀ package saleഀ keg salesഀ 450ഀ 800ഀ Off-siteഀ package salഀ 600ഀ Promotioഀ n, tours, etഀ 400ഀ Total 4000ഀ Visitors to the brewery will explore its museum and enjoyഀ audio-visual presentations while waitin,7 for tours of the brewin3ഀ Cacility. Thirty minute tours will beഀ ollowing the tour, adult visitors will receive by a trained guide.ഀ aഀ fresh beer in a souvenir mug at the brewpub and childrenowillr aഀ • receive a coupon for a soft drink and a souvenir hat. Once at theഀ brewpub, many visitors may order food to accompany their free beer.ഀ Cഀ Group visitors may also receive a tour but will then attend aഀ fixed-price dinner and show in the brewpub.ഀ The retail shop will sell t-shirts, mugs, posters, Tyroleanഀ clothing, and other souvenirs that will reinforce the brewery's nameഀ recognition and the Company's positioning.ഀ The brewery, brewpub, museum, and shop will be located togetherഀ in the Cornerstone Building at Cascade Village. The Building willഀ also house a limited service luxury hotel and 15,000 sf of retailഀ shops. Cascade Village is approximately 2 miles to the west of Vailഀ Village. It is the site of the 325 room Westin Hotel, the 67,000 sfഀ Cascade Club and the lower terminal of the new Cascade Village chairഀ lift. Skiers will be able to ski to the brewery for lunch or apres-ഀ ski. Other visitors will be able to take the Town of Vail freeഀ shuttle. The brewery will be located adjacent to the Cascadeഀ Village Parking Structure which has 150 public parking spaces.ഀ Business Objectivesഀ 1) Develop the Company's image as the leading non-recreationalഀ attraction;ഀ C 2) Maintain high quality products and superior service;ഀ 3) Maintain a consistent and believable presentation ofഀ Tyrolean theme following a "Disney" quality image:ഀ -clean environmentഀ -employees are "on stage" while in publicഀ 4) Exploit group business using founders' marketing expഀ (meeting planners, travel agents, etc.);ഀ 5) Minimize costs by emphasizing production efficiencieഀ minimizing inventories, and employing lower cost pഀ art-timeഀ labor where possible.ഀ theഀ ertiseഀ s,ഀ The brewery will produce consistently high quality specialtyഀ ales. Initially, the Company will produce three beer products--oneഀ similar to Ballard Bitter that has a broad appeal and one darker,ഀ richer ale. A third product will ge marketed as a "private reserve"ഀ and be available on the brewery premises.ഀ Bottled beer will be priced at the retail package store similarഀ to leading imports such as Heinekin's, Corona, etc.ഀ pack) 05.50 +/siaഀ Tours will be priced a $6.00 for adults and $3.00 for children.ഀ Fixed price dinners will include tour, souvenir, dinner withഀ • Aഀ F_ -Iഀ limited beverages and will be priced at $35.00. The brewpub willഀ offer a simple style menu providing cuisine of the southern Alps andഀ served by enthusiastic, costumed waiters/waitresses. Package tourഀ guests will be provided a brief musical show with the dinner.ഀ The museum will present a history of brewing, a description ofഀ production methods, an explanation of different brewing traditions,ഀ and a study of American brewers and their advertising strategies.ഀ Audio visual and interactive exhibits will be used wheneverഀ possible.ഀ Marketingഀ Theme--Tyrolean brewing tradition.ഀ Intergrated product--European experience--delivered by the brewery,ഀ brewpub, museum, tour, and shop.ഀ Marketing Channels:ഀ -travel agents, corporate headquarters, meeting planners.ഀ -Vail literature, advertisements, mailing listsഀ -hotel reservationistsഀ -news mediaഀ -travel/leisure magazinesഀ -etc.ഀ Competitionഀ While the restaurant businessഀ the Company's brewpub does not intend tolcompeteodirectlyeintthisഀ area. Instead, the Company will position itself as the premierഀ non-recreational attraction at Vail. The Company will provide aഀ complete European brewing experience to visitors and as such hasഀ added service and entertainment to the brewery's product. Foodഀ service at the brewpub will be orientated to group programs. ?Menu'sഀ will be simple and traditional, minimizing direct competition ofഀ Vail's extensive restaurant industry. The bottled beer sold toഀ visitors as they leave the brewery will indirectly compete withഀ imported and other microbrewed beers. However, the Company's beerഀ products will have additional value to tour goers who have not onlyഀ sampled the beer but also received a special mug unique to theഀ European brewing/drinking tradition.ഀ Dinners at the brewpub will all be part of packages bookedഀ ahead in order to take advantage of convention business and largeഀ -roups needing dinner seating together. The brewpub will includeഀ three private rooms to accommodate groups.ഀ Brewing Processഀ The brewing process begins with production of "wort." Wort isഀ made by combining malt, hops, yeast and wrater. The wort is thenഀ -ooked in the "kettle" producin; "hopped wort." The solids areഀ emoved from t:ie hopped wort in the "separator" and cooled by addingഀ cold water and through the use of a heat exchanger. These stepsഀ take place in the "brewhouse" and are often described as the "hotഀ Aഀ end" of the brewing process. Typically, the hot end takes aboutഀ eight hours from start to finish.ഀ The "cool wort" from the brewhouse is pumped into aഀ "fermentation tank for aging (10 to 12 days for ales). At the endഀ of this cycle, the finished beer is pumped through a filter andഀ moved to the filling operation. This is known as the "cold end" ofഀ the brewing process. Typically, the hot end takes about eight hoursഀ from start to finish.ഀ The "cool wort" from the brewhouse is pumped into aഀ "fermentation tank" for aging (10 to 12 days for ales). At the endഀ of this cycle, the finished beer is pumped through a filter andഀ moved to the filling operation this is known as the "cold end" ofഀ the process.ഀ Following filteration, the beer is bottled or kegged.ഀ Brewmasterഀ The brewery will feature an experienced European brewmaster.ഀ Consistent with the entertainment and education objectives of theഀ Company, he will be a highly visible personality. He will beഀ expected to interact with tour guests and periodically visit privateഀ groups in the brewpub.ഀ Employeesഀ The Company will take advantage of the large pool of wellഀ educated, young seasonal residents of Vail. Many are native toഀ Europe and therefore familiar with the role of a small brewery inഀ the community. The Company will develop a strong training programഀ to assume employee attitudes and skills comparable to Disneyഀ attractions.ഀ Capitalizationഀ Jerry Jones and Andy Norris will act as founders. Initialഀ capital of $350,000 will be secured from a small number ofഀ sophisticated investors to secure real estate and equipment as wellഀ as providing funds for organization, design, permits, etc. Duringഀ construction, a second level of capital will be secured totaling oഀ approximately $750,000 by a private placement stock offering to fundഀ purchase of equipment, furnishing, etc. as well as pre-openingഀ staff.ഀ Equipmentഀ The Company has entered into an agreement with independent Aleഀ of Seattle, Washington, one of the most successful specialty brewersഀ in the United States for the purchase and installation of all theഀ basic brewing equipment. The prica is ap roximatelഀ is less than 600 of the replacement value. An independent 0ap whichഀ the equipment will be perfurmed to verify the values. praisalഀ .dependent Ale is completing a new brewery in Seattle which its production capability to 20,000 barrels per willഀ p year. Theyഀ wish to sell their existing equipment outside of this regionalഀ market area. They are also interested in an areeent with theഀ Company to supply beer in excess of its productionmcapacities.ഀ Leaseഀ The Company will lease approximately 15,000 sf of unfinishedഀ space from Vail Ventures, Ltd. The space program for the facilityഀ consists of:ഀ - Entryഀ - Brewpubഀ 250 sfഀ - Brewhouseഀ 2237ഀ - Administrative officesഀ 3657ഀ 1400ഀ - Retailഀ - Museumഀ 500ഀ - Entry/Receptionഀ - Storage/Refrigeratioഀ 'ഀ 897ഀ nഀ - Storageഀ 1245ഀ - Kitchenഀ 130ഀ - Loading Dockഀ 1050ഀ - Restroomsഀ 760ഀ - Circulationഀ 718ഀ 973ഀ Totalഀ 14749 sfഀ Outdoor Dining Terraceഀ 1000 sfഀ cheduIeഀ A private placement memorandum ("ppM11ഀ raise the initial capital of $350,000. Discussionsgareebeing h toഀ with institutional investors for a commitment of $750,000. g eldഀ Schematic drawings will be completed by January 31 for review byഀ Vail Ventures. A financin aഀ now being prepared. The Buildingghasobeenedesignedtsoethatlitnm isഀ be phased with the first phase (including the brewer ayഀ y) statingഀ construction in June, 1988 and being completed in Februaryr1989.ഀ Negotiations have begun with the landlord regarding the lease.ഀ An option to acquire the Independent Ale equipment will be executedഀ in January.ഀ Iഀ i Y"1 Lഀ X34ഀ I NOTICE OF PUBLIC HEARINGഀ RELATING TO ZONINGഀ Council Bill No. 542ഀ Series of 1988ഀ Notice is hereby given that on Sep-ഀ tember 19. 1988. at 7:00 o'clock in theഀ I. evening, or as soon thereafter as theഀ calendar permits, in Room 450. Cityഀ and County Building. Denver, Colo-ഀ rado, the Council of the City andഀ County of Denver will hold a publicഀ hearing at which all interested per-ഀ sons and citizens will be given anഀ opportunity to be heard concerningഀ _ the following bill for an ordinance.ഀ All protests to the following bill andഀ any withdrawals from said protestsഀ shall be filed with the City Councilഀ on or before and not later than twelveഀ j o'clock noon of the day which isഀ seven days prior to said date set forഀ the public hearing on the followingഀ bill for an ordinance:ഀ 334ഀ BY AUTHORITYഀ COUNCIL BILL NO. 542. SER ES OFഀ 1988. COMMITTEE OF REFER-ഀ ENCE: ZONING, PLANNING &ഀ LAND USE.ഀ A BILLഀ FOR AN ORDINANCE RELATING TOഀ ZONING, AMENDING ARTICLE Iഀ (IN GENERAL) AND ARTICLE IIIഀ (DISTRICT REGULATIONS) OFഀ CHAPTER 59 (ZONING) OF THEഀ REVISED MUNICIPAL CODE, ASഀ AMENDED. ADDING BREWPUB ASഀ A USE BY RIGHT IN THE B-5. B-7ഀ AND B-8 DISTRICTS AND ADDINGഀ A DEFINITION FOR BREWPUB.ഀ BE IT ENACTED BY THE COUNCILഀ OF THE CITY AND COUNTY OFഀ DENVER:ഀ Section 1. Chapter 59 (Zoning) ofഀ the Revised Municipal Code. asഀ amended, shall be and hereby isഀ amended and re-enacted as amendedഀ in the following particulars:ഀ (a)ഀ Article I (In General) of saidഀ Chapter shall be and hereby isഀ amended and re-enacted as amendedഀ by adding thereto Section 59-2.(21.5)ഀ in the following words. figures andഀ phrases:ഀ 59-2.(21.5) Brewpub: An eating placeഀ which includes the brewing of beerഀ as an accessory use. No more thanഀ 30% of the product, either in bottlesഀ or kegs, may be sold to off-premisesഀ customers. Notwithstanding moreഀ restrictive provisions of this chap-ഀ ter. such accessory use may occupyഀ up to 20% of the gross floor area ofഀ the eating place.ഀ (b)ഀ Article III (District Regulations)ഀ of said Chapter shall be and hereby isഀ amended by adding thereto Sectionsഀ 59-362(i)w.5.. 59-378(i)v.5. and 59-ഀ 392(1)w.5. in the following words.ഀ figures and phrases: Brewpub:ഀ Published in The Daily Journalഀ August 26. 1988 334ഀ REVIEWED BY: PATRICIA WELLS,ഀ City Attorney. 8-17-88.ഀ PREPARED BY: ROBERT M. KELLY,ഀ Ass't. City Atty. 8-17-88.ഀ ;C, ~tഀ 334ഀ BY AUTHORITYഀ ORDINANCE NO. 577ഀ COUNCIL BILL NO. 542, SERIES OFഀ 1988. COMMITTEE OF REFER-ഀ ENCE: ZONING, PLANNING &ഀ LAND USE.ഀ A BILLഀ FOR AN ORDINANCE RELATING TOഀ ZONING, AMENDING ARTICLE Iഀ (IN GENERAL) AND ARTICLE IIIഀ (DISTRICT REGULATIONS) OFഀ CHAPTER 59 (ZONING) OF THEഀ REVISED MUNICIPAL CODE, ASഀ AMENDED, ADDING BREWPUB ASഀ A USE BY RIGHT IN THE B-5, B-7ഀ AND B-8 DISTRICTS AND ADDINGഀ A DEFINITION FOR BREW PUB.ഀ BE IT ENACTED BY THE COUNCILഀ OF THE CITY AND COUNTY OFഀ DENVER:ഀ Section 1. Chapter 59 (Zoning) ofഀ the Revised Municipal Code, asഀ amended, shall be and hereby isഀ amended and re-enacted as amendedഀ in the following particulars:ഀ (a)ഀ Article I (In General) of saidഀ Chapter shall be and hereby isഀ amended and re-enacted as amendedഀ by adding thereto Section 59-2.(21.5)ഀ in the following words, figures andഀ phrases:ഀ 59-2.(21.5) Brewpub: An eating placeഀ which includes the brewing of beerഀ as an accessory use. No more thanഀ 30% of the product, either in bottlesഀ or kegs, may be sold to off-premisesഀ customers. Notwithstanding moreഀ restrictive provisions of this chap-ഀ ter, such accessory use may occupyഀ up to 20% of the gross floor area ofഀ the eating place.ഀ (b)ഀ Article III (District Regulations)ഀ of said Chapter shall be and hereby isഀ amended by adding thereto Sectionsഀ 59-362(1)w.5., 59-378(1)v.5. and 59-ഀ 392(1)w.5. in the following words,ഀ figures and phrases: Brewpub;ഀ Passed by the Council Septemberഀ 19, 1988. HIAWATHA DAVIS JR.,ഀ President: Approved: FEDERICOഀ PENA, Mayor, Sept. 20, 1988. Attest:ഀ FELICIA MUFTIC, Clerk and Re-ഀ corder, Ex-Officio Clerk of the Cityഀ and County of Denver (Seal)ഀ Published in The Daily Journalഀ Aug. 26, 1988 and Sept. 27, 1988 334ഀ REVIEWED BY: PATRICIA WELLS,ഀ City Attorney. 8-17-88.ഀ PREPARED BY: ROBERT M. KELLY,ഀ Ass't. City Atty. 8-17-88.ഀ -'b 4-,,? '1ഀ CITY AND COUNTY OF DENVERഀ DEPT. OF ZONING ADMINISTRATIONഀ uഀ Merlin Loganഀ 3840-H York Streetഀ Phone (303) 575-2191ഀ ing compatibility between the wide variety of uses permittedഀ in the district. The limitations imposed on the district are de-ഀ signed to protect the integrity and character of adjacentഀ residential districts. Use of mass transit is encouraged byഀ lessening street parking requirements for residential use.ഀ Building height is not controlled. Building floor area cannotഀ exceed twice the site area.ഀ B-A-1 Arterial Office and Apartment Use District. Allows banks, of-ഀ fices, hospitals, clinics, institutions, churches, apartmentsഀ and office service uses. Requires 100 feet of arterial streetഀ frontage. Maximum lot coverage is 30%. Building floor areaഀ cannot exceed 2 times the site area. Building height is con-ഀ trolled by bulk standards. Maximum residential density is un-ഀ specifiedഀ mentio mentioned above. Arterial setback setby the size of back areas are units required forland-ഀ scaping.ഀ B-A-2 Arterial Service District. This district is intended as a tourist-ഀ oriented zone, allowing only hotels, motels and restaurantsഀ with automobile service stations. Requires 100 feet of arterialഀ street frontage. Zone lot cdveage of to exceed 30%. Buildkഀ ing height is controlled byഀ areas are required 'or landscaping.ഀ B-A-3 Arterial General Commercial District. This district is designedഀ to accommodate uses that are oriented toward the motoristഀ and residents of nearby neighborhoods but which are not nor-ഀ mally part of shopping centers. Included among such usesഀ are bowling alleys, theaters, nightclubs, drive-in restaurantsഀ and service stations. Setback areas are required for land-ഀ scaping. Ground coverage by buildings cannot exceed 30%ഀ of the site. Building height is controlled by bulk standards.ഀ B-A-4 Auto Sales and Service District. This district provides an areaഀ designed particularly for the special needs and characteris-ഀ tics of auto sales and service activities. The Comprehensiveഀ Plan encourages the establishment of this district in con-ഀ centrated centers rather than in a linear arrangement alongഀ arterials. Ground coverage by structures cannot exceed 60%ഀ of the site area. Building height is controlled by bulk stan-ഀ dards.ഀ B_cJ' Central Business District. Permits business, office and light in-ഀ dustrial uses along with residential and educational uses.ഀ Maximum floor area cannot exceed 10 times the site area, plusഀ floor area premiums for the development of plazas, arcades,ഀ v atriums, etc. No off-street parking is required. Building heightഀ is not controlled by bulk standards. )o: 1 )C v_ r.ഀ Restoration Zone. This district is intended to pre-ഀ B-7 Business serve and improve older structures that are architecturallyഀ and/or historically significant. Allows light industrial, generalഀ retail, wholesale services, offices and high-density residentialഀ uses. Additional floor area is allowed with the development ofഀ residential units, underground parking or open space areas.ഀ 1 Building floor areas cannot exceed 2 times the site area. How-ഀ ever, with premiums the floor area can be increased to 4 timesഀ the site area. Building height not controlled by bulk stan-ഀ dards. -7: l F• ►ഀ Intensive General Business/Very High-Density Residential Dis-ഀ B-8 trict. This district, primarily for activity centers, provides theഀ concentration of retailing, personal and business services, asഀ well as residential and cultural uses at a necessary intensityഀ to efficiently be served by mass transit facilities. This very in-ഀ tense district is designed to serve the entire metropolitan areaഀ as an alternative to urban sprawl. Significant levels of intenseഀ employment and commercial activity, high volumes of pedes-ഀ trian traffic, mass transit facilities, and a relatively compactഀ geographical area are characteristics of this district.ഀ The regulations are designed to permit a highly concen-ഀ trated, intensive development of the enumerated facilities,ഀ limited by standards designed to provide light and air forഀ street exposures of buildings in the district and to protect theഀ district itself from over-intensive development of land cover-ഀ age and over-congestion as related to the ultimate capacity ofഀ common public facilities that serve the entire district. Buildingഀ floor area cannot exceed 4 times the site area. Building heightഀ not controlled by bulk standards.ഀ 1_0 Light Industrial District. A transitional district between inten-ഀ sive industrial and residential districts. Allows limited manu-ഀ facturing, wholesale and retail activities, and offices and mo-ഀ tels.Building height is controlled by bulk plane standards andഀ setback requirements for buildings. Floor area cannot excce~,eഀ 50% of the site area. ✓tRu c^ 7ഀ are-ഀ 1_1 General Industrial District. Allows many marefactluri ted retailഀ housing and wholesaling activities, alongഀ and service uses for the benefit of area employees. Buildingഀ floor area cannot exceed 2 times the site area. Generally noഀ setback requirements.ഀ 1_2 Heavy Industrial District. Allows all manufacturing, ware-ഀ housing, wholesaling and mineral extraction activities. Limit-ഀ ed retail and service uses for the benefit of area employeesഀ are permitted. No limitations on the size or location of build-ഀ ings. This district should not be located adjacent to residentialഀ or business zones.ഀ 0_1 Open Use District. Allows airports, recreational uses. parks,ഀ cemeteries, reservoirs, and other open uses including a limit-ഀ ed number of public and semi-public activities theto usod ofഀ buildings. Setback requirements applyഀ buildings.ഀ 0_2 Open Space District. Allows large tracts of open land utilizedഀ primarily for agricultural or ranching activities. res P-1 Off-Street Parking District. Allows parking lots anThts zone isഀ Bulk and setback regulations apply to bungs.ഀ intended to provide needed business parking without the ex-ഀ pansion of the business zone, i.e., a buffer between businessഀ and residential uses. Requires visual barriers adjacent to res-ഀ idential uses.ഀ PUD Planned Unit Development P.U.D. is a form of developmentഀ characterized by a unified site design for clustering buildingsഀ and providing common open space, density increases, and a mixഀ of building types and land uses. It permits the planning of a proj-ഀ ect and the calculation of densities over the entire developmentഀ area, rather than on an individual lot-by-lot basis. It also refers toഀ a process, mainly revolving around site-plan review, in which cityഀ agencies and neighborhood residents have considerable in-ഀ volvement in determining the nature of the development. Itഀ includes aspects of both subdivision and zoning regulation andഀ is administered through the rezoning process.ഀ In effect any P.U.D. is a specific zone district for a asecantഀ area, including precise regulations written by the pഀ and, when approved by City Council, enforced by the City. Itഀ allows maximum flexibility during the planning stage andഀ maximum assurance that exactly what is proposed will beഀ developed as proposed.ഀ B2CUlPuBS - 2-zz-a~---------ഀ ;b4GKG20u,v0_1NFO2M47.1OA~lഀ _ Pte'-ഀ ഀ r/i~ഀ C'--,-Or) 6 ff¢-BPSo 07~ഀ TA.- 4tZt~-ഀ !iഀ ---~~-_~!-n-"'~^`'~' -~°-'~--'~1-•.---- ~?u-y_._~-p~-a-vt ~-0 /~-~p?.~~c~c~4-=-2~c.~O-W~r~=- -ഀ 'j''c~-2ഀ HOD,/ CROSS ELECTRIC ASSOCIATION, INC.ഀ 3799 HIGHWAY 82 AREA CODEഀ P. G DRAWER 2150 303ഀ GLENWOOD SPRINGS, COLORADO 81602 94S-5491ഀ May 17, 1989ഀ Mr. Frank Freyerഀ Vail Ventures, Ltd.ഀ 1000 South Frontage Road Westഀ Vail, Colorado 8"1657ഀ RE: Vail Ale Buildingഀ Overhead to Underground Conversion ofഀ Primary Electric Facilitiesഀ Dear Mr. Freyer:ഀ Holy Cross Electric has completed a preliminary cost estimate forഀ the above mentioned conversion. This project would involveഀ replacement of the existing overhead primary electric facilitiesഀ which are adjacent to your northerly lot line with an undergroundഀ system. Such replacement also would necessarily involve Holyഀ Cross facilities located between the easterly end of the Cascadeഀ Village area to a point near the westerly property line of theഀ Vail Sanitation Plant near Forest Road.ഀ Holy Cross Electric estimates that the cost of this conversionഀ will be as follows:ഀ Total estimated cost of conversion (preliminary) $240,000.00ഀ Holy Cross Electric investment based upon annualഀ revenues now being received from consumersഀ within the affected area (177,000.00)ഀ Contribution in aid of constructionഀ (nonrefundable) required before startingഀ work on the project $ 63,000.00ഀ The estimated cost of this project could change once the finalഀ design has been completed.ഀ The above figures do not reflect the individual consumer's costഀ to convert their secondary service or alter an existingഀ underground secondary service to receive service from theഀ Association's nearest pad-mounted transformer. This conversionഀ must be done during the same construction season that the primaryഀ power lines are placed underground.ഀ Holy Cross Electric's overhead primary facilities presently provideഀ electrical service to the immediate area as well as being a mainഀ feeder to the downtown area. With an overhead facility theseഀ services can be combined in one system, whereas an undergroundഀ facility must be divided into separate systems. In this case aഀ three-phase underground feeder, a three-phase distribution and aഀ single-phase distribution must be installed. Each individual systemഀ shall be supplied by its own separate cables.ഀ Should all the affected consumers as well as Vail Aleഀ representatives wish to pursue this project any further, pleaseഀ let us know and we shall prepare the appropriate agreements forഀ execution.ഀ Should you have any further questions, please call me at 949-5892.ഀ Sincerely,ഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ Ted Huskey,ഀ Engineering Service Supervisorഀ TH:rjmഀ CC: HCEA, Vail Officeഀ W/0#89-12079:51-59:Lionshead Circuit #3 - Conversionഀ 9 aഀ ~7 `ഀ 9 ~c uഀ ~ wഀ (D \ ~J D z i r • 1►ഀ O Zഀ \ .f, ~ • sഀ 1`.11 11 1 ,♦~7 }~~J~ . ~ rn U ~ ~ഀ ma °ഀ pഀ 41 00ഀ rTjഀ m~ഀ 1 P `Ct Nr--~ /7~ \ഀ I Iഀ ~ഀ S tഀ mഀ mഀ I Iഀ ;ഀ F°ഀ Uഀ Cktഀ Mtn.ഀ Gഀ !ഀ ~ഀ Wഀ Iഀ Nഀ aഀ < a mഀ ~ഀ CDഀ 3bഀ mഀ y"t'1ഀ vഀ p ' 9 r /ഀ ~ ~ OTCഀ / P Jഀ kഀ 11 y Uiഀ mഀ Zഀ iL,ഀ 1 l^ഀ CCഀ \ഀ t ]ഀ +ഀ `ഀ Tഀ Qഀ ~ iNry, ~O~' Tഀ r~ഀ bഀ \ഀ rഀ wഀ Iഀ ഀ lഀ ~ഀ :canഀ 1ഀ L ~ഀ Iഀ -tഀ Uഀ ഀ ഀ $ഀ wഀ Nഀ lOഀ .ഀ .ഀ ~pഀ lpഀ Lഀ Rഀ ?rഀ Gഀ 0ഀ mഀ vs G otioഀ oഀ yഀ !0ഀ NEW ELECTRIC, INC.ഀ P.O. BOX Kഀ VAIL, COLORADO 81658ഀ (303) 949-4651ഀ September 18, 1989ഀ Ms. Kristan Pritzഀ The 'T'own of Vailഀ 75 South Frontage Roadഀ Vail, Colorado 81657ഀ Re: Overhead to underground Powerഀ Service Estimatesഀ Ms. Pritz,ഀ r~ഀ Pursuant to your request, we have worked upഀ change the services to the Chevron gas station,ഀ shop, and the two old Voliter buildings fromഀ underground. These estimates are based onഀ transformer locations in front of the old townഀ front of the two Voliter buildings as relatedഀ Ted Husky of Holy Cross Electric.ഀ Estimated costs are as follows:ഀ East Voliter building- $ 2,200.00ഀ West Voliter building- :3,400.00ഀ Old TOV shop building- 5,300.00ഀ Chevron station- 6,600.00ഀ ~~tlഀ ~lഀ estimates toഀ the old townഀ overhead toഀ new pad mountഀ shop and inഀ to us by Mr.ഀ These costs include all digging and backfill required as wellഀ as crossing the driveways at the old town shop area. We haveഀ not included any permit costs or costs incurred by Holy Crossഀ Electric in our estimates. One problem area is the diggingഀ of a 2' deep trench at the west property line of the old townഀ shop to refeed the Chevron station. The existing narrowഀ conditions between the fence and the short retaining wallഀ would make it necessary to excavate the trench by hand, whichഀ contributes to the high cost of this service. This trenchഀ could be avoided by routing the new service from the new padഀ mount at the old town shop underground until it reaches theഀ pole which carries the Vail Mountain power lines. At thisഀ point the service could be taken up the pole where it wouldഀ connect to the existing service drop to the service station.ഀ As the Vail Mountain power poles are to remain anyway, theഀ one service drop may be acceptable. If Holy Cross couldഀ utilize the existing service drop to the gas station, costഀ savings could be as much as $ 3,000.00 for this portion ofഀ the work.ഀ Sincerely,ഀ Rob Wagnerഀ AMOCOഀ cosഀ ~:R Jഀ JANUARY 4, 19{9ഀ MS. KRISTAN PRITZഀ SENIOR PLANNERഀ TOWN OF VAILഀ 75 SOUTH FRONTAGE RD.ഀ VAIL, COLORADO 81657ഀ DEAR MS. PRITZ:ഀ Amoco Oil Companyഀ Denver Distribution Centerഀ 6395 East 80th Avenueഀ P. O. Box 5015ഀ Commerce City, CO 80037-5015ഀ (303) 287-8021ഀ IN RESPONSE TO YOUR RECENT LETTERS, AMOCO OIL COMPANY ACCEPTS YOURഀ PROPOSAL TO UNDERGROUND THE UTILITY LINES AT OUR STATION #372'1ഀ LOCATED AT 934 SOUTH FRONTAGE RD. IN VAIL.ഀ YOUR PURCHASE ORDER NO. WILL BE #063. PLEASE NOTE THIS P.O.# ONഀ YOUR INVOICE WHEN BILLING US.ഀ IF YCU HAVE ANY QUESTIONS CONCERNING THIS JOB, PLEASE CONTACTഀ JACK PORREST AT 1-800-2'47-92'28.ഀ SINCERELY,ഀ VICKY'LUBOWICZഀ MAINTENANCE CLERKഀ Vqoഀ GLEN LYON OFFICE BUILDINGഀ May 31, 1989ഀ Ms. Kristan Pritzഀ Town Plannerഀ Town of Vailഀ 75 So. Frontage Roadഀ Vail, Colorado 81657ഀ Dear Kristan:ഀ Holy Cross Electric Association, Inc., has offered to replace the overhead electricഀ transmission line between the easterly end of Cascade Village and the Vail Sanitation Plantഀ at Forest Road with an underground system. They will not consider undergrounding aഀ smaller segment.ഀ The total length of the project is 2,600 feet. Approximately 1,200 linear feet is onഀ public land (CDOH). The remaining 1,400 linear feet serves private property on both sidesഀ of the South Frontage Road. The Glen Lyon Office Building fronts the Frontage Roadഀ with 750 linear feet. Accordingly, it represents 27% of the private property that theഀ underground will serve. A total of up to eight (8) separate private parcels (including theഀ Town's "Old Town Shop") may be served.ഀ The estimated amount required by Holy Cross to be contributed to the project isഀ $63,000. In addition, each parcel will have to convert their secondary service to accept theഀ underground service. Holy Cross has not provided an estimate of cost for this work,ഀ although it might be expected to range between $2,000 and $5,000 per parcel.ഀ IXഀ Ms. Kristan Pritzഀ Town of Vailഀ May 31, 1989ഀ Page 2ഀ Oഀ The Glen Lyon Office Building (including the Vail Brewery site) is prepared toഀ contribute $21,000 (33%) of the required contribution plus fund the cost of converting itsഀ secondary service. We propose that the Town advance the remaining contribution of whichഀ $20,000 is for the portion on public land. The remaining $22,000 plus the cost ofഀ converting secondary service would be recovered by the Town from the individual parcelsഀ at such time a building permit is sought for expansion or renovation.ഀ It is my understanding that Holy Cross can perform this work this summer season.ഀ If construction on the Vail Brewery begins this summer, it would be desirable to completeഀ the undergrounding at that time. Otherwise the work should be completed in the spring ofഀ 1990.ഀ I believe that the Holy Cross proposal is equitable. It is an opportune time toഀ eliminate one of our eyesores. I encourage the Town to proceed with this project.ഀ Sincerely,ഀ Andrew. . Norrisഀ General artnerഀ townഀ 75 south frontage road office of community developmentഀ vall, colorado 81657ഀ (303) 479-2138ഀ (303) 479-2139ഀ June 29, 1989ഀ Mr. Ted Huskyഀ Holy Cross Electricഀ P.O. Box 972ഀ Avon, Colorado 81620ഀ Re: Cascade Village, underground of utilitiesഀ Dear Ted,ഀ On June 28th, I received your letter concerning Holy Cross Electric'sഀ proposal to underground utilities east of Cascade Village to the end ofഀ the Glen Lyon property. In order to proceed with this project, Andyഀ and I will need some additional information. First, I would appreciateഀ it if you could let me know which properties will be effected by theഀ underground. You state in your letter that you will "require writtenഀ verification that parties other than Holy Cross Electric will contractഀ and pay for converting these services within 90 days after the overheadഀ primary conductors have been converted prior to our beginning work on aഀ project." (Letter dated June 14, 1989) Please let me know whichഀ properties would actually be effected by the plan and how much theഀ conversion will cost per property.ഀ In addition, the Town Council expressed an interest in finding out theഀ cost for undergrounding utilities on the north side of Donovan Park. Iഀ would appreciate this information as soon as possible.ഀ If you have any further questions about the information we need, pleaseഀ feel free to call me at 479-2138. Thank you for doing this preliminaryഀ research.ഀ Sincerely,ഀ Kristan Priഀ Senior Plannerഀ KP:lrഀ cc: Andy Norrisഀ e •ഀ IOWAഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 479-2138ഀ (303) 479-2139ഀ October 12, 1989ഀ Mr. Jack Forrestഀ Maintenance Superintendentഀ P.O. Box 5015ഀ Commerce City, Colorado 8037-5015ഀ office of community developmentഀ Re: Undergrounding of utilities at the Vail AMOCO Stationഀ Dear Mr. Forrest,ഀ The Town of Vail is interested in organizing a project which wouldഀ underground the electrical lines in an area commonly referred to as theഀ Arterial Business District. The Vail AMOCO Station is located in thisഀ area. Each property.owner within this area is being asked toഀ contribute their fair share towards the undergrounding of theഀ electrical line. The Town of Vail asked New Electric, a localഀ contractor, to provide general estimates for the cost of the work on aഀ per property basis. In order to underground the utilities for theഀ AMOCO Station, an expenditure of approximately $6,600.00 would beഀ necessary. The estimate also states that perhaps the $6,600.00 amountഀ could be reduced by as much as $3,000.00 if a different approach wasഀ used for the undergrounding of the line.ഀ At this time, I am interested in finding out whether or not AMOCOഀ wishes to participate in the project. We feel that it will definitelyഀ benefit the Arterial Business District. At present, the lines areഀ highly visible. The undergrounding will allow for an upgrade of theഀ entire area.ഀ I would appreciate it if you would respond to this letter as soon asഀ possible. If you prefer to give me a call, please contact me at 479-ഀ 2138 in the Town of Vail Community Development Department. Thank youഀ for taking the time to consider our request. I look forward to hearingഀ from you soon.ഀ Sincerely,ഀ 1ഀ Krisan Pr-1zഀ Senior Plannerഀ KP:lrഀ cc: Peter Pattenഀ town of uaiഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 479-2138ഀ (303) 479-2139ഀ office of community developmentഀ December 8, 1989ഀ Mr. Jack Forrestഀ Maintenance Superintendentഀ P.O. Box 5015ഀ Commerce City, CO 80 37-5015ഀ RE: Undergrounding of Utilities at the Vail Amoco Station # 3721ഀ Dear Mr. Forrest:ഀ On October 12, 1989, I sent you a letter which explained the proposalഀ to underground utilities in the area of the Vail Amoco Station. I haveഀ attached a copy of this letter for you reference. The Town of Vail isഀ still very interested in finding out whether or not Amoco wouldഀ participate in this project. As stated previously, we feel theഀ undergrounding of the utilities would greatly improve the generalഀ appearance of the entire area.ഀ I would appreciate it if you couldഀ possible. The Vail Town council isഀ project. Without your comments, itഀ can be of any further assistance toഀ 479-2138. Thank you for taking theഀ respond to this letter as soon asഀ trying to make a decision on thisഀ will be difficult to proceed. If Iഀ you please feel free to call me atഀ time to consider our project.ഀ Sincerely,ഀ nഀ Kristan Pritzഀ Senior Plannerഀ cc: Peter Pattenഀ KP/ppഀ Yഀ NO 0ഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 479-2138ഀ (303) 479-2139ഀ October 12, 1989ഀ Mr. Jack Forrestഀ Maintenance Superintendentഀ P.O. Box 5015ഀ Commerce City, Colorado 8037-5015ഀ qWഀ office of community developmentഀ Re: Undergrounding of utilities at the Vail AMOCO Stationഀ Dear Mr. Forrest,ഀ The Town of Vail is interested in organizing a project which wouldഀ underground the electrical lines in an area commonly referred to as theഀ Arterial Business District. The Vail AMOCO Station is located in thisഀ area. Each property owner within this area is being asked toഀ contribute their fair share towards the undergrounding of theഀ electrical line. The Town of Vail asked New Electric, a localഀ contractor, to provide general estimates for the cost of the work on aഀ per property basis. In order to underground the utilities for theഀ AMOCO Station, an expenditure of approximately $6,600.00 would beഀ necessary. The estimate also states that perhaps the $6,600.00 amountഀ could be reduced by as much as $3,000.00 if a different approach wasഀ used for the undergrounding of the line.ഀ At this time, I am interested in finding out whether or not AMOCOഀ wishes to participate in the project. We feel that it will definitelyഀ benefit the Arterial Business District. At present, the lines areഀ highly visible. The undergrounding will allow for an upgrade of theഀ entire area.ഀ I would appreciate it if you would respond to this letter as soon asഀ possible. If you prefer to give me a call, please contact me at 479-ഀ 2138 in the Town of Vail Community Development Department. Thank youഀ for taking the time to consider our request. I look forward to hearingഀ from you soon.ഀ Sincerely,ഀ tt ~ 1 v 1 (1ഀ Kris )an Pritzഀ Senior Plannerഀ KP:lrഀ cc: Peter Pattenഀ Alkഀ NEW ELECTRIC, INC.ഀ P.O. BOX Kഀ VAIL, COLORADO 81658ഀ (303) 949-4651ഀ September 18, 1989ഀ Ms. Kristan Pritzഀ The Town of Vailഀ 75 South Frontage Roadഀ Vail, Colorado 81657ഀ Re: Overhead to Underground Powerഀ Service Estimatesഀ Ms. Pritz,ഀ 10ഀ Pursuant to your request, we have worked upഀ change the services to the Chevron gas station,ഀ shop, and the two old Voliter buildings fromഀ underground. These estimates are based onഀ transformer locations in front of the old townഀ front of the two Voliter buildings as relatedഀ Ted "Husky of Holy Cross Electric.ഀ Estimated costs are as follows:ഀ East Voliter building- $ 2,2100.00ഀ West Voliter building- 3,400.00ഀ Old TOV shop building- 5,300.00ഀ Chevron station- 6,600.00ഀ estimates toഀ the old townഀ overhead toഀ new pad mountഀ shop and inഀ to us by Mr.ഀ These costs include all digging and backrill required as wellഀ as crossing the driveways at the old town shop area. We haveഀ not included any permit costs or costs incurred by Holy Crossഀ Electric in our estimates. One problem area is the diggingഀ of a l' deep trench at the west property line of the old townഀ shop to refeed the Chevron station. The existing narrowഀ conditions between the fence and the short retaining wallഀ would make it necessary to excavate the trench by hand, whichഀ contributes to the high cost of this service. This trenchഀ could be avoided by routing the new service from the new padഀ mount at the old town shop underground until it reaches theഀ pole which carries the Vail Mountain power lines. At thisഀ point the service could be taken up the pole where it wouldഀ connect to the existing service drop to the service station.ഀ As the Vail Mountain power poles are to remain anyway, theഀ one service drop may be acceptable. If Holy Cross couldഀ utilize the existing service drop to the gas station, costഀ savings could be as much as $ 3,000.00 for this portion ofഀ the work.ഀ Sincerely,ഀ Rob Wannerഀ ) Iഀ VAIL TOWN COUNCILഀ WORK SESSIONഀ TUESDAY, FEBRUARY 13, 1990ഀ 2:00 p.m.ഀ TVഀ AGENDAഀ 1. Planning and Environmental Commission Reportഀ 2. Discussion of Undergrounding of Electrical Service from the Eastഀ End of Cascade Village to the Upper Eagle Valley Water andഀ Sanitation District Property, along the South Frontage Roadഀ 3. Discussion of No Smoking Ordinance for Public Places other thanഀ Restaurantsഀ 4. Discussion of Time Parameters for Council Meetingsഀ 5. Discussion of Sales Tax for Fund-raising Events for Non-Profitഀ Entitiesഀ 6. Presentation of Extended Late Night Bus Service Plansഀ 7. Discussion of Land Surveyor/Property Manager, Constructionഀ Inspector/Design Tech and Drafter/Survey Assistant Positionsഀ 8. Preliminary Discussion of Revisions to the Zoning Code, Signഀ Code, and Design Review Guidelinesഀ 9. Discussion/Decision on Ski Museum and Vail Resort Associationഀ Space Needsഀ 10. Update on Booth Falls Rockfall Mitigation Legal Problemsഀ 11. Information Updateഀ 12. Otherഀ 13. Executive Session - Legal Mattersഀ 0 •ഀ VAIL TOWN COUNCILഀ WORK SESSIONഀ TUESDAY, FEBRUARY 13, 1990ഀ 2:00 p.m.ഀ EXPANDED AGENDAഀ 2:00 1. Planning and Environmental Commission Reportഀ Kristan Pritzഀ 2:05 2. Discussion of Undergrounding of Electrical Service fromഀ Kristan Pritz the East End of Cascade Village to the Upper Eagle Valleyഀ Water and Sanitation District Property, along the Southഀ Frontage Roadഀ Action Requested of Council: Approve/deny an expenditure ofഀ approximately 5,300 to underground electrical service atഀ the Old Town Shop with the understanding that constructionഀ costs may increase or decrease once the final design isഀ developed. Direct staff to proceed/discontinue theഀ coordination of the project for construction this summer.ഀ Background Rationale: The property owners within theഀ project area have all agreed to participate in funding theഀ cost of undergrounding the utilities. Andy Norris - Vailഀ Ventures, Ltd. - will contribute up to $21,000. Chevronഀ would provide $6,600. The Cascade Crossing projectഀ (previously called the Voliter project) will undergroundഀ their electrical service per their building permit. Holyഀ Cross will contribute approximately $63,000.ഀ Staff Recommendation: Approve the contribution and directഀ staff to proceed with the coordination of the project forഀ construction this spring/summer. Please note that the finalഀ costs will need to be re-evaluated once the design work isഀ completed by Holy Cross.ഀ 2:25 3. Discussion of No Smoking Ordinance for Public Places otherഀ Susan Scanlan than Restaurantsഀ Action Requested of Council: Review the draft ordinance asഀ presented for substantial compliance with your previousഀ suggestions, and recommend changes/additions so that it canഀ be considered for formal reading at an evening meeting.ഀ Background Rationale: Last fall when discussion wasഀ addressing the issue of smoking in restaurants, Councilഀ asked that the staff prepare an ordinance to address smokingഀ in other public places. The ordinance prepared is aഀ combination of that discussion, previous discussion byഀ Council, members of the public, and research of otherഀ ordinances.ഀ Staff Recommendation: Staff recommends approval of thisഀ draft ordinance for formal hearing at the next eveningഀ meeting for passage/approval.ഀ 2:45 4. Discussion of Time Parameters for Council Meetingsഀ Peggy Osterfossഀ Action Requested of Council: Discuss further any restraintsഀ to be put on Council meeting discussions.ഀ Background Rationale: Peggy, Lynn, and Jim attended the CMLഀ orientation seminar where handling Council meetings wasഀ discussed at length. Peggy will give a synopsis of thatഀ discussion.ഀ F-4ഀ P--Jഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ 3799 HIGHWAY 82 AREA CODEഀ P. O. DRAWER 2150 303ഀ GLENWOOD SPRINGS, COLORADO 81602 945.5491ഀ May 17, 1989ഀ Mr. Frank Freyerഀ Vail Ventures, Ltd.ഀ 1000 South Frontage Road Westഀ Vail, Colorado 81657ഀ RE: Vail Ale Buildingഀ Overhead to Underground Conversion ofഀ Primary Electric Facilitiesഀ Dear Mr. Freyer:ഀ Holy Cross Electric has completed a preliminary cost estimate forഀ the above mentioned conversion. This project would involveഀ replacement of the existing overhead primary electric facilitiesഀ which are adjacent to your northerly lot line with an undergroundഀ system. Such replacement also would necessarily involve Holyഀ Cross facilities located between the easterly end of the Cascadeഀ Village area to a point near the westerly property line of theഀ Vail Sanitation Plant near Forest Road.ഀ Holy Cross Electric estimates that the cost of this conversionഀ will be as follows:ഀ Total estimated cost of conversion (preliminary) $240,000.00ഀ Holy Cross Electric investment based upon annualഀ revenues now being received from consumersഀ within the affected area (177,000.00')ഀ Contribution in aid of constructionഀ (nonrefundable) required before startingഀ work on the project $ 63,000.00ഀ The estimated cost of this project could change once the finalഀ design has been completed.ഀ The above figures do not reflect the individual consumer's costഀ to convert their secondary service or alter an existingഀ underground secondary service to receive service from theഀ Association's nearest pad-mounted transformer. This conversionഀ must be done during the same construction season that the primaryഀ power lines are placed underground.ഀ Holy Cross Electric's overhead primary facilities presently provideഀ electrical service to the immediate area as well as being a mainഀ feeder to the downtown area. With an overhead facility theseഀ services can be combined in one system, whereas an undergroundഀ facility must be divided into separate systems. In this case aഀ three-phase underground feeder, a three-phase.distribution and aഀ single-phase distribution must be installed. Each individual systemഀ shall be supplied by its own separate cables.ഀ Should all the affected consumers as well as Vail Aleഀ representatives wish to pursue this project any further, pleaseഀ let us know and we shall prepare the appropriate agreements forഀ execution.ഀ Should you have any further questions, please call me at 949-5892.ഀ Sincerely,ഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ Ted Huskey,'ഀ Engineering Service Supervisorഀ TH:rjmഀ CC: HCEA, Vail Officeഀ W/0#89-12079:51-59:Lionshead Circuit #3 - Conversionഀ 1v 'If wഀ ::tel. 4ഀ 3F 9 srഀ m O C ,ഀ S y lo_ഀ o, M o Qഀ / L9 J O.ഀ ^ I_ഀ La CD ,Vഀ Z 'cഀ 1 t• - o _ഀ 111 1 ~ `~7 `p ; W i 4.~ •ഀ 111 s ~ 1' Nഀ X11 7 ~ഀ 00,ഀ Pഀ I 1 1 G~ :>U1 v E sഀ i 11 n~. ~V1 Ln Aഀ N'ഀ mഀ d, O Ulഀ 4~ \ \ഀ r \ \ Z ~i 7 9) O C)ഀ i~ mഀ V1 INഀ aഀ 1\ 0 A ~rഀ 41,ഀ 1 \ rഀ 1 \11 \ y ~ ~ pഀ I I ~ l ~ ` b V1 Oഀ IIഀ I I Om ~ ~ ~ 0ഀ Nelഀ U~ഀ f ® ~ Oഀ N 4 9~ഀ I ` 9 Aഀ Lw '60ഀ b II c s ss°~ 0 0ഀ C 1 .Oq Gഀ ~ 9( Z i Sഀ \ v o Cf~VOഀ zഀ m ~ /,r✓/ t0f) Thഀ e i - - ~ N a 1po1ഀ 4jDഀ o I~Alഀ w /ഀ Sഀ 0 W " ZCഀ a+ W N tp S e? .`7 sഀ Uw m V P-1ഀ I iഀ AMLഀ NEW ELECTRIC, INC.ഀ P.O. BOX Kഀ VAIL, COLORADO 81658ഀ (303) 949-4651ഀ September 18, 1989ഀ Ms. Hristan Pritzഀ The Town of Vailഀ 75 South Frontage Roadഀ Vail, Colorado 81657ഀ Re: Overhead to Underground Powerഀ Service Estimatesഀ Ms. Pritz,ഀ Pursuant to your request, we have worked upഀ change the services to the Chevron gas station,ഀ shop, and the two old Voliter buildings fromഀ underground. These estimates are based onഀ transformer locations in front of the old townഀ front of the two Voliter buildings as relatedഀ Ted Husky of Holy Cross Electric.ഀ Estimated costs are as follows:ഀ East Voliter building- $ 2,200.00ഀ West Voliter building- 3,400.00ഀ Old TOV shop building- 5,300.00ഀ Chevron station- 6,600.00ഀ estimates toഀ the old townഀ overhead toഀ new pad mountഀ shop and inഀ to us by Mr.ഀ These costs include all digging and backfill required as wellഀ as crossing the driveways at the old town shop area. We haveഀ not included any permit costs or costs incurred by Holy Crossഀ Electric in our estimates. One problem area is the diggingഀ of a 2' deep trench at the west property line of the old townഀ shop to refeed the Chevron station. The existing narrowഀ conditions between the fence and the short retaining wallഀ would make it necessary to excavate the trench by hand, whichഀ contributes to the high cost of this service. This trenchഀ could be avoided by routing the new service from the new padഀ mount at the old town shop underground until it reaches theഀ pole which carries the Vail Mountain power lines. At thisഀ point the service could be taken up the pole where it wouldഀ connect to the existing service drop to the service station.ഀ As the Vail Mountain power poles are to remain anyway, theഀ one service drop may be acceptable. If Holy Cross couldഀ utilize the existing service drop to the gas station, costഀ savings could be as much as $ 3,000.00 for this portion ofഀ the work.ഀ Sincerely,ഀ Rob Wagnerഀ •ഀ ~64o~c~oഀ JANUARY 4, 1989ഀ wഀ MS. KPISTAN PRITZഀ SENIOR PLANNERഀ TOWN --F VAILഀ 75 S.3JTH FRONTAGE RD.ഀ VAIL, COLORADO 81657ഀ DEAR MS. PRITZ:ഀ Amoco Oil Companyഀ Denver Distribution Centerഀ 6395 East 80th Avenueഀ P. 0. Box 5015ഀ Commerce City, CO 80037-5015ഀ (303) 287-8021ഀ IN RESPONSE TO YOUR RECENT LETTERS, AMOCO OIL COMPANY ACCEPTS YOURഀ PROPOSAL TO UNDERGROUND THE UTILITY LINES AT OUR STATION ##3731ഀ LOCATED AT 934 SOUTH FRONTAGE RD. IN VAIL.ഀ YOUR PURCHASE ORDER NO. WILL BE ##063. PLEASE NOTE THIS P. 0. i# ONഀ YOUR INVOICE WHEN BILLING US.ഀ IF YC_! HAVE ANY QUESTIONS CONCERNING THIS JOB, PLEASE CONTACTഀ JACV =CRREST AT 1-800-347-932-8.ഀ SINCCERELY,ഀ VICKY UBOWICZഀ MAINTENANCE CLERKഀ 5Dഀ 0 0 ~ഀ VAIL TOWN COUNCILഀ WORK SESSIONഀ TUESDAY, MARCH 6, 1990ഀ 2:00 p.m.ഀ AGENDAഀ 1. Discussion of Extended Late Night Bus Service Ridershipഀ 2. Discussion of Easement Dedication for a Portion of Beaver Damഀ Road, at the Intersection of Beaver Dam Circleഀ 3. Discussion of Supplementation of Wages for 1990 Censusഀ Enumeratorsഀ 4. Discussion of Art in Public Places Proposalഀ 5. Discussion of Undergrounding of Electrical Service from the Eastഀ End of Cascade Village to the Upper Eagle Valley Water andഀ Sanitation District Property, along the South Frontage Roadഀ 6. Discussion of 1990 Citizen Surveyഀ 7. Discussion regarding ABC School Lease Agreementഀ 8. Approval of Funds for Disseminating Factual Informationഀ concerning the County Recreation and Affordable Housing Electionഀ 9. Information Updateഀ 10. Otherഀ 11. Executive Session - Legal Mattersഀ ROUGH DRAFTഀ January 25, 1989ഀ nഀ LE'T'TER OF I NTEINTഀ The undersigned agrees to convert his eLectri.c secondary serviceഀ to the appropriate pad mounted translorma r if Holy r,ross Electricഀ places the existing overhead power lines underground in your area.ഀ It is understood as follows:ഀ 1. The undersigned has received a copy of Holy Cros:3 Flc~c,tri.c'sഀ Policy Statement lrnplemenLation for conv7r.si.on from overheadഀ to underground facilities daLeti January 16, 1989.ഀ 2. The undersigned may he res,E-)on'Si.ble for payment-)[ a portionഀ of, L-he ~.p.rimary conversiori cost\;.ഀ 3. The undersigned will conLracL with an d~clric-ian to convertഀ his secondary electric service to thf~ underground powerഀ system. CoStS For this SecOnJary Co nve,rsion ar,-~ separaL,,ഀ from the primary conversion mentioned in 2. above. Theഀ undersigned has received a ropy of the Arjr-eement forഀ Underground Conversion of Secondary e,rvicc~ and Uzi' l executeഀ said agreement prior to Holy Cross Electric beq_inni'nq theഀ primary conversion.ഀ 4. Otte. ut' lities-Fna have in`tal lod th~'ir faci,lr-1 4~-2s on ou7rഀ ~o Th se other utilities rnus,;L place th4ir fAciliti`ഀ undergr;oun~ beXor& the 'Bower pol ~~s can be moved`., and ty~~eഀ un4!rs gn d may be rec~i_~iredl to_-[iay the `''c -L of sucYt_ഀ Coll sior`ഀ 5. The undersigned will grant easements to holy Cross Electricഀ in a mutually acceptable location if n~~edc~_i for the primaryഀ conversion.ഀ The undersigned further agrees that should this letter of intentഀ be executed by all building owners in the project area andഀ submitted to Holy Cross Electric, Holy Cross Electric willഀ consider conversion of the primary bower lines in the projectഀ area. If Holy Cross Electric elects Lo con-;truct the subj !ctഀ conversion project, all documents and r.equire(l payments will beഀ given to Holy Cross Electric when an•l as spocif.ied.ഀ This letter of intent is datedഀ BUILDING OWNERഀ &re Lwഀ WD:rjmഀ PHONE NUMBERഀ -~ANr 14ഀ ww'ഀ if I I)ഀ PROPT?R'FY ADDRESSഀ rഀ ROUGH DRAFTഀ January 15, 1989ഀ rഀ POLICY STATEMENT IMPLEME'NTIVI'lONഀ CONVERSION FROM OVERHEAD TO UNDERGROUND FACILITIESഀ JANUARY l i, 1989ഀ Holy Cross Electric Association, Inc. is i.inplementincl aഀ conversion from overhead to underground EaciIitieS policy. Thi.'~ഀ document details the procedure and sets forth theഀ responsibilities of both Holy Cross Electric and the initiati_nqഀ consumers.ഀ Upon receipt of a request that existinq overhead power facilitiesഀ be placed underground, the initiating ccnsuiner will be given aഀ copy of this document. If the request still appears viahle toഀ the initiating consumer after reading the procedure and r(~al izirigഀ the future requirements that must be me t, a in eeting wi 11 be s tഀ up with Holy Cross Electric to define the scope of theഀ undergrounding project. Holy Cross Electric wi.l.l. determine theഀ size of the area to be considered for unJo rgr.ound facilities.ഀ This decision will be based upon many factors, including theഀ nature of existing overhead facilities in the area, power lineഀ construction plans for the area, and how the project will effectഀ the existing power system of surrounding areas.ഀ Once the size of the project has been det:rmined, Holy Crossഀ Electric will approximate the cost of placing tile hiql-1ഀ power lines underground by multiplying r_he estimated trenchഀ footage by:ഀ 1.ഀ Singleഀ phase onl; requiredഀ $61.00ഀ 1P'- `L'ഀ 2.ഀ Threeഀ phase only requiredഀ $108.00ഀ perഀ footഀ 3.ഀ Singleഀ phase and three phase requir,~dഀ $119.00ഀ perഀ footഀ 4.ഀ Adderഀ to above costs for 500 MCMഀ radialഀ feeder requiredഀ $31.00ഀ perഀ footഀ 5. Adder to above costs for 500 MCMഀ looped feeder required $56.00 per footഀ TO BE' FILLED OUT BY HOLY CROSS ELEC'C►2I~' AT PROJECTഀ SCOPING MEE'T'INGഀ DATEഀ PROJECT NAMEഀ FEET OF TRENCHഀ TYPE OF LINEഀ COS'T' PER FOO'T' $ഀ ROUGH COST ESTIMATE FOR CONVER'Pt,i) PRIMARYഀ $ഀ SIGNATUREഀ HOLY CROSS ELEr"►'►2IC AS'~c)t' T AT [ON, I NC' .ഀ Aഀ A map will be prepared which shows the notrrdary of the convac3 ionഀ area.ഀ preliminary, Theഀ All cost estimates at this point are veryഀ initiating consumers understan th and°all`,coststwilllhrl of theഀ project, a design will be developed,ഀ estimated from that design for use i n contract documents.ഀ All other utilities which m`3lvl~elcartta,,ttc contacted th~f a~'i l tii n3n iniatiഀ Holy Cross Electric's poles mustഀ consumer. A letter will be obtainedഀ Vround `Zndldetail'in3n\theഀ underfromഀ that its facilities will be placഀ cost of such construction to the ini.tiatinj consumer.ഀ Following the meeting with Holy owi Ll l contacta~'achl hui 1'l i ngഀ utilities, the initiating consumerഀ owner within the project area. Topics to he discussed ar::ഀ 1. If the overhead power line is placed underground, eachഀ building owner will hire an electrician to convertothe theഀ existing electric service line appropriate new pad mounted t 3ans f o'rtler . l his ,cost probablyഀ will range between $500 and $ഀ arF"i wi LLഀ 2, The electric bills f latestL,twmeter alve months.L)rThistgrand totalഀ be totalled for the -s justifiedഀ multiplied by 3.33 equals Holy Criss W c~tric_ഀ investment in your project. If this justified investment isഀ be id byഀ less than the converted cost, the di `fererrce will [ഀ the initiating consumers located WON the project area.ഀ rou< h .ഀ converLao cost is very Jഀ 3. The above detailed primaryഀ Prior to construction, a more accurate comet estimate will beഀ thispreliminarylestimate.ഀ prepared for use in the lessrthan'l` F,ഀ estimate may be more oഀ 4. If agreement is reached to proceed, all b"il.lioj owners i')ഀ the project- area must sign a letter of intent. Theഀ Electric.ഀ completed document should be returned to Holy Crossഀ A copy of this letter is attached. rnr~trilicticapisinofഀ the above mentioned lettersഀ the power poles.ഀ After the properly executed letter of intent and other at ter f orഀ are received, Holy Cross Electric will consides_;yElec-trir''s Bo:~r,lഀ inclusion in our construction plans. Holeഀ of Directors has limited expenditures ' under this conversionഀ program to $250,000 per year. Very few [ഀ - constructed each year doe eElectVr,ic's[,doctisfiontlto'>prr'~F'c'-~d with -Iഀ conversions. Holy Cross project will be based upon tYrialtr~~nl,ttvisual l;~l~c~rav~3`ilability,n~~~`-ഀ of the overhead lines, and n3ഀ well as the conversion costs.ഀ your projectഀ Holy Cross Electric will. notify you in writing when r has been selected for placement in our tco nstru`t ion in ans. rAtഀ that time, a deposit equal to $100.00 itch yഀ r<-~rVe r a l con, t-'ഀ project area will. bers`l~lnrt`tlE~ [,Uponഀ ro`jec:tean~,k, ►r<~pഀ rഀ Cross Electric will. d 3ഀ he ui1.~~j1`~>Y ea~~htbuildin7t" ~ arw'nn:~;,r"ഀ drawing which shows thetrenchഀ locations. This informationഀ in the project area to secure costs fromഀ c)n~eel ct ofian onl,~r.yഀ executing an agr'`orfethisoagroemrntrrirslnt t ached.ഀ Service. A copyഀ 1ഀ Holy Cross Electric will begin preparation for construcLi_on asഀ follows:ഀ 1. A construction agreement will be prepar(A detailing allഀ conditions and specifying the requi_roA p~rymenL should theഀ converted cost exceed our justi f ir~d invest-In :nt.ഀ 2. Necessary easements will be prepared for signature.ഀ 3. Other utilities will be contacted to coordinat,-~ schedules.ഀ 4. Material will be ordered.ഀ 5. A date will be set for the return of alt secondary serviceഀ conversion agrec~inents, payment of prirn.iry conveicosts,ഀ and execution of easements.ഀ Upon receipt of all paperwork and payments, Holy Cross Elr-ctri.cഀ will schedule the conversion for construction. After theഀ underground primary is in place, all secondary services have, beenഀ converted, and all other utilities have been removed from thiഀ poles, the overhead power. lines wilt be re-moved.ഀ Contact Mr. Walter D. Dorman at 945-5491_ if you have anyഀ questions.ഀ WD :rjmഀ ~k !Silk ~/LliZഀ UNILATERAL 0 ,norഀ AGREEMENT FOR UNDERGROUND CONVERSION OF SECONDARY SERVICEഀ The undersigned being theഀ property is described asഀ Hereby warrants and representsഀ said property, and agree withഀ "HCEA") as follows:ഀ WITNESSETH: thatഀ owner(s) of property in theഀ _ Subdivision, or property area, whichഀ (Street address and/or legal description)ഀ that fie, she, it or they are the lawfu> owners ofഀ Holy Cross Electric Association, Inc. (hereinafterഀ WHEREAS, the undersigned, together with other property owners within saidഀ subdivision or property area, have requested of HCEA that its overhead primaryഀ distribution facilities within said subdivision or property area be converted toഀ underground facilites; andഀ WHEREAS, in order to accomplish such it is necessary that the undersigned, andഀ all other property owners within said subdivision or property area, shallഀ coincidentally convert their overhead secondary service facilities to undergroundഀ facilities, or alter existing underground secondary service to receive service atഀ HCEA's nearest pad-mounted transformer;ഀ NOW THEREFORE, the undersigned agrees with HCEA to do and perforn, theഀ following:ഀ 1. The undersigned agrees and consents to convert his, her, its or theirഀ secondary service as described above, using the undersigned's own electricalഀ contractor, to be hired and paid by the undersigned, within month(s) afterഀ HCEA has converted its overhead primary electrical facilities undergroundഀ facilities, and has given notice to the undersigned of the completion of suchഀ conversion by certified mail, return receipt requested at the following address:ഀ 2. To ensure the performance promised by the undersigned in Paragraphl 1,ഀ above, the undersigned further agrees:ഀ (a) To provide to HCEA a written bid from a licensed electrician for theഀ cost of converting the undersigned's secondary service withinഀ days after signing this agreement.ഀ (b) To deposit with HCEA, at the time of submitting the electrician's bid,ഀ an amount of money equal to said bid.ഀ 3. In the event the undersigned does not convert its secondary service withഀ the time agreed to in Paragraph 1, then HCEA is hereby granted the right, for itselfഀ and its agents, contractors and subcontractors to come upon the undersigned'sഀ property to perform or complete said secondary service conversion and to utilize theഀ funds deposited by the undersigned therefor.ഀ 4. Re-landscaping, repair of sidewalks, fences and other improvements,ഀ damaged or destroyed by conversion on the undersigned's property shall be theഀ responsibility of the undersigned, whether such conversion is perforntied by theഀ undersigned's own contractor, or by HCEA, or its contractor.ഀ 5. The undersigned understands and further agrees:ഀ (a) In the event the secondary service conversion on his, her, its or theirഀ property shall be performed by the undersigned's own electricalഀ contractor, HCEA shall refund deposit set forth in paragraph 2(b) aboveഀ upon connection of said secondary service conversion to HCEA's primaryഀ underground facilities.ഀ (b) In the event the secondary service conversion on his, her, its or theirഀ property shall have to be performed by HCEA or its agents, or contractor,ഀ and the cost thereof shall exceed the amount deposited hereunder, theഀ undersigned shall be liable to HCEA for the excess, including suit costsഀ and reasonable attorney fees necessary to collect the ,amf. Also, in suchഀ event, if the cost shall be less than the amount deposited, such shall beഀ rvfondpd to rho tindr'rc i -,nod .ഀ o •ഀ 1.ഀ 6. The undersigned hereby holds HCEA completely harmless, including theഀ defense of any legal actions against HCEA, arising out of the conversion of theഀ undersigned's secondary service, whether or not such conversion is performed by theഀ undersigned, or its contractor, or IICEA or its agents or contractors, and includingഀ all property damage or personal injury to the undersigned, his, her, its or theirഀ family, guests, licensees or invitees, or to other third parties.ഀ 7. This agreement may be recorded in the county records by HGEA, in whichഀ event this agreement shall be binding upon the undersigned and his, her, its orഀ their successors in interest to Lite property hereinabove described. In the eventഀ that the overhead primary electrical facilities have not been converted toഀ underground facilities within year(s) after this agreement is recorded, theഀ provisions hereof shall no longer be a burden upon the property and shall not runഀ with the land and follow the title thereto.ഀ 8. This agreement shall be null and void, and shall no longer bind theഀ parties, and shall entitle the undersigned to an immediate refund of anyഀ monies paid hereunder upon the following conditions:ഀ (a) That all other property owners within said subdivision or property areaഀ have failed to sign agreements with HCEA in the form and substance hereof,ഀ or have failed `^-n~, \comply with the construction bid and deposit provisionsഀ <Q_ഀ by _L -3« orഀ (b) HCEA has been unable, within the time specified in 8(a) above, to obtainഀ compliance with the provisions of 11GEA "Policy Statement/Conversion Fromഀ Overhead to Underground Facilities, dated June 15, 1988", a true copy ofഀ which is attached hereto.ഀ Signed and executed this day of 19~.ഀ NOTE: For individual property ownership all joint tenants or tenants in common mustഀ sign. .ഀ FOR INDIVIDUAL SIGNATURES:ഀ (Print or type name of person signing)ഀ Signatureഀ (Print or type name of person signing)ഀ Signatureഀ STATE OFഀ COUNTY OFഀ ss.ഀ FOR SIGNATURE OF CORPORATE,ഀ PARTNERSHIP, OR OTHER ENTITYഀ 4nc.-q ef-~, .ഀ (Print or type name of. ntity)ഀ 7,, Xഀ (Ant orized Signature)ഀ (Print or type name o person signingഀ and/or title)ഀ The foregoing instrument was acknowledged before me thisഀ 19 , byഀ My Commission Expires:ഀ WITNESS MY HAND AND OFFICIAL SEAL.ഀ Notary Publicഀ Addressഀ day ofഀ wഀ "l.rrR. .."'FYI.... ..~A` C7r-. . ...~J(. ~ഀ rnഀ rഀ 0ഀ aഀ oഀ 0ഀ Cഀ Qഀ nഀ ouഀ wഀ oഀ cഀ Cഀ 0ഀ rഀ Nഀ Oഀ Nkഀ toഀ oഀ _Wഀ 0ഀ 0ഀ vഀ mഀ Nഀ coഀ 40ഀ ts]ഀ nഀ 9ഀ ic~ഀ -V-pZCsഀ ~o-u Cഀ G momഀ C0CsJ >coഀ vsx nr~-1ഀ -*e4Z2~0ഀ M->Ornഀ 0(AZrnഀ 0ഀ MZ~ Oഀ >~Nmഀ z z>H:vNiഀ (Arn0ഀ D2 -jm~rഀ 0DrzNഀ o 4m-- CNഀ Z M C-)ഀ C ~ pഀ o~zU)"noഀ C-) iE C)ഀ rr)ഀ X r''ഀ F rnഀ rnax-n m rnഀ Fri ]DO Mഀ m z z Qഀ D Z m C) Zഀ z~o~<vഀ > -oഀ Q>00 0D[2zഀ °om vzഀ z rn -ഀ z~-4 -rഀ zഀ 4bmrnm.&m . 'D SC~-ഀ mcnrngrn om--F--p mz~=ഀ ~ .0mഀ C7...rz rnഀ O-n Z. O-no C7 =ഀ rnrnmmmmmoc-D-a mw" Mഀ mഀ ;D CE)ഀ Mx 0K zco'n0ഀ m -n m --r cp mഀ m rOM*t ;D 'T X [m ;D Q rrn U) . O;oഀ .<o m--CO<~pZm_ ao~ഀ czഀ Df-0N>r04b,r~*1°~ mrrn 4ഀ rmZ--irmz~0rn ~ 0 -rnഀ 0(G~00V) 0(nzj (A Z .0 _Kഀ C~-i C) ,iZ~- -~CD10ഀ 00mC!3z0rZr~ -rn4Z 0 0ഀ ~(A~zamD0(A 0 ~r, Fഀ ~nz40c~z-a=rnm cn~0ഀ Z~~0~0~~mOQ{Zഀ MM -4zഀ ~p0*0=63)CONN >0Aഀ Q~Z"T1= 0rnഀ m0ഀ I M'-ഀ C y m i mഀ .~g=-rw o rnmd crrlഀ m...{rrl:r> 54: rm0* m~0ഀ ~YZrnpj m7<2z >m zm;ഀ Km;oo 5-<p?)"O U' pZഀ ;Q 2:X- C-A-E >Cn 0C~ഀ rvl Z --iഀ _ Z > m MMഀ C 2ZX-*ti`-i~rn-t -i*Orഀ rz n>M? _rnഀ NM'1D~>>Q~o CcpZഀ NQ~mm7CdZr-1 <OQ(nഀ rn Z z cncഀ 0wM coo=;o mOm ozzഀ Xri> mഀ mr'~OxN°'{DCmഀ -v -n o ;qഀ -nOU,Ap-~Nഀ 00ഀ Z5 g to?0-4ഀ 0zrrnM e°n40z0oഀ ,nN,rn 8>='{ tzmഀ m rrn ;u " Zm -11 mഀ rnഀ ?gym no_r:0-irnഀ z ?5 mm ' ' Zxഀ z ~ m =-1ഀ Qഀ xഀ Dtഀ a~ഀ Xഀ aഀ Qഀ •oഀ i.ഀ UNILATERALഀ AGREEMENT FOR UNDERGROUND CONVERSION OF SECONDARY SERVICEഀ The undersi ne being the owner(s) of property in theഀ ? ~Y~L L 11Q 1 Subdivis on, or proper~C~y l~a~rea, whഀ grope ty is described as Pit tഀ V (OM ~ (~~1 _1~(_ 111 qഀ (Street addYess and/or Iegal~escrtpti.c n)ഀ hereby warrants and represents that he, she, it or they are the lawful, owners ofഀ ' said property, and agree with Holy Cross Electric Association, Inc. (hereinafterഀ "HCEA") as follows:ഀ WITNESSETH: thatഀ ichഀ WHEREAS, the undersigned, together with other property owners within saidഀ subdivision or property area, have requested of HCEA that its overhead primaryഀ distribution facilities within said subdivision or property area be converted toഀ undergrou!td facilites; andഀ WHEREAS, in order to accomplish such it is necessary that the undersigned, andഀ all other property owners within said subdivision or property area, shallഀ coincidentally convert their overhead secondary service facilities to undergroundഀ facilities, or alter existing underground secondary service to receive service atഀ HCEA's nearest pad-mounted transformer;ഀ NOW 'T'HEREFORE, the undersigned agrees with HCEA to do and perform theഀ following:ഀ 1. The undersigned agrees and consents to convert his, tier, its or theirഀ secondary service as described above, using the undersigned's own electricalഀ contractor, to be hired and paid by the undersigned, within 3month(s) afterഀ HCEA has converted its overhead primary electrical facilities to undergroundഀ facilities, and has given notice to the undersigned of the completion of suchഀ con ers'on by certified mail, retu n receipt r.eque teI at the Collowiig address:ഀ l.5 n 0~. r~ t ~b.ഀ 2. To ensure the performance promised by the undersigned in Paragraph 1,ഀ above, the undersigned further agrees:ഀ (a) To provide to HCEA a written bid from a licensed electrician for Hie`ഀ cost of converting the undersigned's secondary service within A (~V 5ഀ days after signing this agreement. ~~CTഀ (b) To deposit with HCEA, at the time of submitting the electrician's bid,ഀ an amount of money equal to said bid.ഀ 3. In the event the undersigned does not convert its secondary service withഀ the time agreed to in Paragraph 1, then HCEA is hereby granted the right, for itselfഀ and its agents, contractors and subcontractors to come upon the undersigned'sഀ property to perform or complete said secondary service conversion and to utilize theഀ funds deposited by the undersigned therefor.ഀ 4. Re-landscaping, repair of sidewalks, fences and other improvements,ഀ damaged or destroyed by conversion on the undersigned's property shall be theഀ responsibility of the undersigned, whether such conversion is performed by theഀ undersigned's own contractor, or by HCEA, or its contractor.ഀ 5. The undersigned understands and further agrees:ഀ (a) In the event the secondary service conversion on his, tier, its or theirഀ property shall be performed by the undersigned's own electricalഀ contractor, 11CEA shall refund deposit set forth in paragraph 2(b) aboveഀ upon connection of said secondary service conversion to HCEA's primaryഀ underground facilities.ഀ (b) In the event the secondary service conversion on his, tier, its or theirഀ property shall have to be performed by HCEA or its agents, or contractor,ഀ and the cost thereof shall exceed the amount deposited hereunder, theഀ undersigned shall. be liable to HC EA for the excess, including suit costsഀ and reasonable attorney fees necessary to collect the same. Also, in suchഀ event, if the cost shall be less than the amount deposited, ,such shall beഀ refundad to the itndrrsiQned.ഀ 6. The undersigned hereby h)t,ls HCEA c,)mpletely harmless, including theഀ defense of any legal actions against 11CEA, arising out of the conversion of theഀ undersigned's secondary service, whether or not such conversion is performed by theഀ undersigned, or its contractor, or IKEA or its agents or contractors, and includingഀ all property damage or personal injury to the undersigned, his, her, its or theirഀ family, guests, licensees or invitees, or to other third parties.ഀ 7. This agreement may be recorded in the county records by HCEA, in whichഀ event this agreement shall be binding upon the undersigned and his, her, its orഀ their successors in interest to the property hereinabove described. In the eventഀ that the overhead primary electrical facilities have not been converted toഀ underground facilities within Dy~Q_ year(s) after this agreement is recorded, theഀ provisions hereof shall no longer be a burden upon the property and shall not runഀ with the land and follow the title thereto.ഀ 8. This agreement shall be null and void, and shall no longer bind theഀ parties, and shall entitle the undersigned to an immediate refund of anyഀ monies paid hereunder upon the following conditions:ഀ (a) That all other property owners within said subdivision or property areaഀ have failed to sign agreements with HCEA in the form and substance hereof,ഀ or have failed t comply with)the construction bid and deposit provisionsഀ hereof, by ~Rr 31,orഀ (b) HCEA has been unable, within the time specified in 8(a) above, to obtainഀ compliance with the provisions of HCEA "Policy Statement/Coiiversion Fromഀ Overhead to Underground Facilities, dated June 15, 1988", a true copy ofഀ which is attached hereto.ഀ Signed and executed this A-- day ofഀ NOTE: For individual property ownershipഀ sign.ഀ FOR INDIVIDUAL SIGNATURES:ഀ (Print or type name of person signing)ഀ Signatureഀ (Print or type name of person signing)ഀ (Signature)ഀ STATE OF 0q,444C yI h )ഀ ss.ഀ COUNTY OFഀ (Authorized gnat )ഀ D p41L-(-1-P5-7e)WAJ M-AAWCt~ഀ (Print or type name of erson signingഀ and/or title)ഀ -TG wN or- (Pri or t pe nam o= ent'ty)ഀ rഀ v ,ഀ Si reഀ The foregoing instrument was acknowledged before me this (D day ofഀ 19 96 , by ~i V10C(tl~ V. Ut~Sഀ My Cemmission Expires: 1'lJ LU"Jഀ Notary Publ cഀ WITNESS MY IIAND AND OFFICIAL SEAL.ഀ Addressഀ 19,76).ഀ all joint enants or tenants in common mustഀ FOR SIGNATURE OF CORPORATE,ഀ PARTNERSHIP, OR OTHER ENTITYഀ Pamela A. Brandmeyer, Notary Publicഀ My Commission expires Aug. 5, 1992ഀ 75 S. Frontage Road Vail, CO 81657ഀ nഀ UNILATERALഀ AGREEMENT FOR UNDERGROUND CONVERSION OF SECONDARY SERVICEഀ The undersigned being theഀ property is described asഀ hereby warrants and representsഀ said property, and agree withഀ "IICEA") as follows:ഀ owner(s) of property in theഀ Subdivision, orഀ (Street address and/or legalഀ that he, she, it or they are thഀ Holy Cross Electric Association,ഀ property area, whichഀ description)--ഀ e lawful owners ofഀ Inc. (hereinafterഀ WITNESSETH: thatഀ WHEREAS, the undersigned, together with other property owners within saidഀ subdivision or property area, have requested of HCEA that its overhead primaryഀ distribution facilities within said subdivision or property area be converted toഀ underground facilites; andഀ WHEREAS, in order to accomplish such it is necessary that the undersigned, andഀ all other property owners within said subdivision or property area, shallഀ coincidentally convert their overhead secondary service facilities to undergroundഀ facilities, or alter existing underground secondary service to receive service atഀ HCEA's nearest pad-mounted transformer;ഀ NOW THEREFORE, the undersigned agrees with IICFA to do and perform theഀ following:ഀ 1. The undersigned agrees and consents to convert his, her, its or theirഀ secondary service as described above, using the undersigned's own .,lectricalഀ contractor, to be hired and paid by the undersigned, within month(s) afterഀ HCEA has converted its overhead primary electrical facilities to undergroundഀ facilities, and has given notice to the undersigned of the compietion of suchഀ conversion by certified mail, return receipt requested at the following address:ഀ 2. To ensure the performance promised by the undersigned in Paragraph 1,ഀ above, the undersigned further agrees:ഀ (a) To provide to IICEA a written bid from a licensed electrician for theഀ cost of converting the undersigned's secondary service withinഀ days after signing this agreement.ഀ (b) To deposit with IICEA, at the time of submitting the electrician's bid,ഀ an amount of money equal to said hid.ഀ 3. In the event the undersigned does not convert its secondary service withഀ the time agreed to in Paragraph 1, then HCEA is hereby granted the right, for itselfഀ and its agents, contractors and subcontractors to come upon tile undersigned'sഀ property to perform or complete said secondary service conversion and to utilize theഀ funds deposited by the undersigned therefor.ഀ 4. Re-landscaping, repair of sidewalks, fences and other improvements,ഀ damaged or destroyed by conversion on the undersigned's property shall be theഀ responsibility of the undersigned, whother such conversion is performed by theഀ undersigned's own contractor, or by IICEA, or its contractor.ഀ 5. The undersigned understands and further agrees:ഀ (a) In the event the secondary service conversion on his, her, its or theirഀ property shall be performed by the undersigned's own electricalഀ contractor, HCEA shall refund deposit set f.orlh in paragraph 2(b) aboveഀ upon connection of said secondary service conversion to HCEA's primaryഀ underground facilities.ഀ (b) In the event the secondary service conversion on his, her, its or theirഀ property shall have to be performed by IICEA or its agents, or contractor,ഀ and the cost thereof shall exceed the amount deposited hereunder, theഀ undersigned shall be liable to HCEA for the excess, including suit costsഀ and reasonable attorney fees necessary to collect the same. Also, in suchഀ event, if the cost shall be less than the amount deposited, such shall beഀ refunded to the undersigned.ഀ 6. The undersigned hereby holds IICEA completely harmless, including theഀ defense of any legal actions against HCEA, arising out of the conversion of theഀ undersigned's secondary service, whether or not such conversion is performed by theഀ undersigned, or its contractor, or IICEA or its agents or contractors, and includingഀ all property damage or personal injury to the undersigned, his, her, its or theirഀ family, guests, licensees or invitees, or to other third parties.ഀ 7. This agreement maybe recorded in the county records by UCEA, in whichഀ event this agreement shall be binding upon the undersigned and his, her, its orഀ their successors in interest to the property hereinabove described. In the eventഀ that the overhead primary electrical facilities have not been converted toഀ underground facilities within year(s) after this agreement is recorded, theഀ provisions hereof shall no longer be a burden upon the property and shall not runഀ with the land and follow the title thereto.ഀ 8. This agreement shall be null and void, and shall no longer bind theഀ parties, and shall entitle the undersigned to an immediate refund of anyഀ monies paid hereunder upon the following conditions:ഀ (a) That all other property owners within said subdivision or property areaഀ have failed to sign agreements with IICEA in the form and substance hereof,ഀ or have failed to comply with the construction bid and deposit provisionsഀ hereof, by - - orഀ (b) HCEA has been unable, within the time specified in 8(a) above, to obtainഀ compliance with the provisions of HCEA "Policy Statement/Conversion Fromഀ Overhead to Underground Facilities, dated June: 15, 1988", a true copy ofഀ which is attached hereto.ഀ Signed and executed this day ofഀ 19ഀ NOTE: For individual property ownership all joint tenants or tenants in common mustഀ sign.ഀ FOR INDIVIDUAL SIGNATURES:ഀ Print or type name of person signingഀ Signature)ഀ ഀ rint or type name of person signing)ഀ Signature)ഀ STATE OFഀ COUNTY OFഀ ss.ഀ FOR SIGNATURE OF CORPORATE,ഀ PARINERSHIP, OR OTHER ENTITYഀ (Print or type name of entity)ഀ Authorized Signature)ഀ (Print or type name of person signingഀ and/or title)ഀ The foregoing instrument was acknowledged before me thisഀ 19 , byഀ My Commission Expires:ഀ WITNESS MY HAND AND OFFICIAL SEAL.ഀ day ofഀ ഀ Notary Publicഀ Addressഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ 3799 HIG11WAY 82 (303) 945-5491ഀ P. O. DRAWER 2150 FAX: 945-4081ഀ GLENWOOD SPRINGS, COLORADO 81602ഀ February 12, 1991ഀ Mr. Frank Freyerഀ Vail Ventures, Ltd.ഀ 1000 South Frontage Road Westഀ Vail, CO. 81657ഀ RE: Glen Lyon Office Building Overhead to Underground Conversion of Primary Electric Facilities,ഀ Dear Mr. Freyer:ഀ F~ഀ Cross Electric has completed a preliminary cost re-estimate forഀ Holyഀ the above mentioned conversion. This project would involveഀ replacement of the existing overhead primary electric facilities,ഀ which are adjacent to your northerly lot line, with an underground`ഀ system. Such replacement also would involve Holy Cross facilitiesഀ located between the easterly end of the Cascade Village area to aഀ point near the westerly property line of the Vail Sanitation Plantഀ near Forest Road.ഀ The estimated cost to convert the existing overhead power line toഀ underground is $210,000.00. This figure is higher than the June 14,ഀ 1989 estimate letter for several reasons, amoung them: two yearsഀ inflation, the use of a different type power cable, and extra workഀ included which was originally to be paid for by the anticipatedഀ brewery. With the exclusion of anticipated revenues, previouslyഀ estimated for the brewery and expansion of your building, Holy Crossഀ Electric will invest $190,000.00 justified by current power use. Theഀ balance of $20,000.00 will be required prior to construction as a non-ഀ recoverable contribution in aid of construction.ഀ There are several buildings in the area which receive power throughഀ overhead service cables or from poles which would be removed. Holyഀ Cross Electric cannot invest in converting these overhead services toഀ underground or altering existing underground services to receive powerഀ from the nearest newly installed pad mounted transformer. We willഀ require written verification that parties other than Holy Crossഀ Electric will contract and pay for converting these services within 90ഀ days after the overhead primary conductors have been converted, priorഀ to our beginning work on the project.ഀ Should all the affected consumers wish to pursue this project anyഀ further, please let us know and we shall prepare the appropriateഀ agreements for execution.ഀ Should you have any further questions, please call me at 949-5892.ഀ Sincerely,ഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ John Boyd,ഀ Engineering Technicianഀ JB: rjmഀ CC: HCEA, Vail Officeഀ Kristin Pritz, Town of Vailഀ W/0#90-12079:51-59:Lionshead Circuit #3 - Conversionഀ }ഀ 4ഀ \ Gഀ U1 \ ~ yഀ t`ഀ Q aഀ LOഀ ~ oഀ t- ~ഀ a ~ ~ yഀ q a ~ v wഀ 10ഀ a} a >ഀ ~ y cY 7 ~ ~ o d ~ഀ O F 4 1 Y LLഀ V ttl V) Yഀ zഀ Qഀ 7 aഀ ~9 >ഀ \ 1\ w ELഀ rഀ osഀ ~ഀ ~ . ~ <<~~ഀ ~ ,ഀ .,,..,,;..M.,.,.w.... ,ഀ ~ _ഀ r ~ ~ ; ,r s'ഀ !ഀ + n ~ , r r - , l iഀ - , r~- / ° t.. y7. 1 .r~ J h.ഀ ~ ~ C ~ !y}~C }ഀ l ,r'' +ഀ - ly,, ~ ~s,-'ഀ T / ~ I _ s~ a~,,°`., ` ~ a ~ (1t ~ 1ഀ I r i ~ ~ഀ ഀ ~ l~; r F ',r' ~ / f ~ഀ ° "i ytഀ ~ ~ ! i ~ w'~ഀ ,ഀ } ~iഀ (z: v ~ഀ ,-ti, , ~ , . ,ഀ CU77Ek . ~7.~ ~ , ~ഀ ഀ I . ~ ~j~.ഀ µ..--.;..-r SCALE, 1" - ~ , ~ ~ഀ 30 ~ ~ഀ DATE. OF' SURഀ r :i^'"" . It~V IN r-,"'-ഀ ,ഀ " r.ഀ I~olcAi~s CONIFER - r ti w OUS TREE ANq TRUNK OI ) . ~ ; C~ , AMEiER a.. vഀ f ~ഀ J f ~ fjj"",.„~ഀ U r r iഀ lNOICAiES DEC100US TREE A _ ~ , ND TRUNK ~ ~ , DIAMETER ~ ~ f r.- ~h~. _ f~ഀ ~1~- . , . , -~-or,a, ,ഀ i ~ ,r ~ - ~ - ~ _ഀ .ഀ ' g r` ~ ~ ~ _ „,,,..wഀ -r-'"" r~,c-~ഀ / f ~ rf - ' ~ A r ,ഀ ~ y,~.--`~ ~ ;a .r G~> _ , ~ J ('lit;ഀ ~ . ; - r i _-r' ~ഀ - _ ' ~Ql);'JL~~ rഀ , - _ .ഀ ~ . ) SE ~~f ~":.mot"` ~P ~r~Sl'HA~.1 f~'Ar.. ~ 'r.er:. 1., _ ~ . IGHTd ~ഀ is \ ~ • ~ ~ i-~ 1~..5 ~ t - , h ~ wljw 'Tഀ _ P ; 1,...-~;,., ; INV IN ~ rr;C r~r t~ ~ , .ഀ ഀ gg UTILITY FFb ~.`LG ROGtC ~ ~ S..:i -r°~ ~ ~ ~ ~-'Y ~ ~ _ ' ' ~ഀ , ` fir' ,,~-~°~~,,r ~ } ~ ~ ~t~ t ~ ~ C..~ / ~i - ' ryഀ . u ~ ~ 4 _ ,M _ - e _x- ~ ~f ,Rig, G ~ i~l'.I~ E~I~ r ~ - / ~ ~ഀ . ~U _ -ഀ _ - ' ' Ec ~ T,~ ~ ~ , - _ ' hnTEr~ .ഀ _ _ ,W ~ .ഀ ~ _ .Tit. ~ ~ r ,ഀ ~ ,ഀ ~ , . r INഀ ' ~ . _ - _ _ , 1 SI _ ~ LaWI.ltdF ~ ~ t _ഀ ~ . { ,,r - . r _ r~ഀ _ o , ~ ~ഀ zo_ Q' ~ _ - w - ~ ~ l ~ , _ wഀ y ~ , f _ ~ഀ % ~ i ~ l _ഀ N E _ ~ . , SEr"tER' 4tH a . ,ഀ LINE ~ - t ' ~ ~ h~ഀ , D~ ~ -ഀ ~ഀ FIOWLItlE CiTCri _ _ r ~ഀ ~ഀ / Uഀ - ~ _ 'ഀ f- F I 31 ~ ;ഀ Q U ~ !ഀ y,.. /ഀ r-.~ yഀ y _ - _,l~C ~~1~~. ~(~~1.~ 1ഀ ` fഀ w;ഀ _ . ~ r cr` ~ _ഀ ~ഀ ~ .ഀ 1 1'ഀ 1 -ഀ r ,ഀ r ~,r rഀ rഀ fഀ ഀ SURVEY'ഀ 411 39 HIGHWAY 6 N. k. Li' ~ ~ ~ p.'c uct. eഀ EOWARDS, CO. 6iഀ {303}949-1406 M e PLAT GLEN LYO~1 3 DI VI IAN J ~ഀ VAIL, EAGLE J [4 1- COLORADOഀ Mar-18-96 06:13Pഀ Jഀ P.02ഀ ഀ (nഀ ഀ :iഀ 'ഀ nഀ rnഀ Dഀ vഀ vഀ 5ഀ oഀ ~ഀ rn-ഀ 4ഀ 0ഀ 0ഀ rഀ zഀ rഀ zഀ 7ഀ 1ഀ 7ഀ Jഀ 0ഀ ~ഀ 0ഀ vഀ nഀ Dഀ rഀ zഀ ~ഀ zഀ mഀ Zഀ ഀ IDഀ mmഀ Dഀ iഀ ~ഀ fഀ m~ഀ (Aഀ IIഀ (Jഀ -iഀ )ഀ rഀ cഀ Mഀ rr-ഀ rIഀ Dഀ G)ഀ ,ഀ vഀ ~ഀ mഀ mഀ iഀ mഀ -4ഀ ofഀ cnഀ Wഀ -ഀ o Oഀ vഀ Dഀ ~ഀ 'ഀ nഀ ,x,ഀ cnഀ ~yഀ <ഀ ~ഀ mഀ 0ഀ 0ഀ tഀ ;ഀ ~mഀ mഀ Oഀ °ഀ ~ഀ Iഀ D_<ഀ ~ഀ rഀ Dഀ Oഀ Sഀ Oഀ rഀ rഀ jഀ Iഀ !ഀ Cഀ vഀ -ഀ ~ഀ fഀ 2ഀ Cഀ 4ഀ 0ഀ -ഀ .ഀ 0ഀ ഀ Nഀ 'ഀ rnഀ +rnഀ mഀ mഀ mഀ ഀ mഀ ~ഀ 0ഀ ~ഀ -1ഀ ~ഀ 0ഀ mഀ Aഀ ~ഀ 0ഀ ~ഀ ~ഀ 0ഀ >ഀ Mഀ 1-0ഀ IMഀ 0ഀ mഀ mഀ ~ഀ Tഀ Oഀ Zഀ viഀ mഀ =ഀ Dഀ Zഀ ~ഀ rഀ mഀ -4ഀ 2ഀ qഀ l=ഀ Zഀ Oഀ 4ഀ ~ഀ 0ഀ 1ഀ mഀ zഀ ~ഀ 0ഀ nഀ zഀ aഀ 1ഀ 0ഀ mഀ _ഀ nഀ 0ഀ C:ഀ 0ഀ mഀ 'ഀ ,ഀ 1ഀ pഀ _0ഀ IIഀ 4ഀ ~ഀ ~nഀ mഀ Olഀ Cഀ 0ഀ -ഀ Oഀ rഀ Nഀ 1 2ഀ Oഀ uഀ oഀ mഀ Nഀ =ഀ lഀ cഀ (oഀ ~ഀ Iഀ Iഀ Dഀ zഀ iഀ mഀ ~ഀ nഀ <ഀ Dഀ 'Iഀ ~ഀ Iഀ Iഀ Oഀ Dഀ C:ഀ Dഀ t~ഀ -ഀ mഀ rഀ zഀ coഀ -ഀ oഀ 0ഀ Lഀ ~ഀ cഀ zഀ ~ഀ Zഀ rഀ zഀ ~Dഀ iഀ zഀ Oഀ Fഀ aഀ JCഀ mഀ z!ഀ 0ഀ Mഀ rഀ Cഀ Iഀ 21<ഀ +ഀ „ഀ lഀ Rഀ aiഀ 0ഀ G)ഀ ;aഀ -n mഀ 0ഀ ;uഀ 0ഀ 0ഀ P,ഀ ~ഀ iഀ Nഀ 8ഀ 8ഀ ~ഀ NIഀ 11ഀ 8ഀ Cഀ ®ഀ 0ഀ toഀ mഀ ഀ <ഀ (nഀ 0ഀ Qഀ Iഀ rnഀ Iഀ ഀ ഀ ഀ 01ഀ 0)ഀ oഀ Aഀ Oഀ 0ഀ 01ഀ MIഀ cഀ Fഀ gഀ gഀ gഀ Iഀ I0ഀ Iഀ Iഀ Rഀ Zഀ Gഀ d►ഀ mഀ toഀ -ഀ 91ഀ :*4ഀ Iഀ 1ഀ F,ഀ 0ഀ tഀ Calഀ eഀ OIഀ ~ഀ rഀ ~ഀ b!ഀ dl ~ d/ഀ ~ഀ d!ഀ Nഀ VVഀ 00ഀ Vഀ Q~ Qj 55~~~ഀ Iഀ Oഀ Iഀ Iഀ iഀ O iഀ Iഀ 8ഀ 8ഀ ~ഀ 8ഀ 8ഀ 8 8ഀ ~ഀ ~ഀ 8ഀ 1ഀ ~ഀ $ഀ mഀ Jഀ \ _ Z9 lvaJ Fire . ..tPhഀ er'ded at .rJ.L ~d•rtnrl4-, "fit. T-ഀ `Eonr .()6$3Rഀ ,.t,.ഀ ഀ age 72Q, con W 20_t~0:~ jp~nnerrw p--h't t trnL K.r r...,ഀ I: Horert Gap. co- cityഀ Tsls De6D, 1(adr tnN 24th d ty n( July STATE i i J.k[:ITI ~i F~ഀ b.tweeli. ANCE04 D. NMUS In JUL 2 1 080ഀ is 80ഀ ~ഀ r• .ഀ .ഀ ! ,(uK county of Eagle and saes( 1ഀ .ഀ ,ഀ INCഀ iഀ it tyt•'ഀ aഀ tintPart.anA THE QM = CMCE bUUMഀ ii Cnbnda,oftheഀ Coloradoഀ gxral pip .iഀ gഀ t\{.iഀ ii whoseleg lyddnsals c/o Willis J. Wright, Jr., P. 0.. Box 236, Veil. Colorado 81657 i,ഀ k, ~_:;'•fldc - .:oanlysf Eagle ■ndStateofColorado.ofthesec..ndpart'ഀ 'ഀ -wrr itEA iLTft.Tl.•tt :it-salA party of the first part, for mind In em1s14enlK41 of the snm of .tഀ AltIIഀ i•ഀ 1xtLlഀ i.ഀ "r eഀ ,ഀ .ഀ F TX I O(ED MV-M== mid NJ/lC(}-----------------_--_-~ഀ .ഀ ;ഀ to the acid party e( the first part In hand paid by theaatd ►arty of the se-id part, the rrt•rpt wMr►sf U M byഀ 1i mra*&,ro end aeki o-"ced. has aranteJ. bargained. told and conveye4 and by lhde prem. dons grant. hsreain, ,ഀ d;5ഀ 1 ell, •+•nvey and confirm- onto the maid party st the mazoad part, his lain and stsi". Lrr-.-ea all the i.•ll-inr ,ഀ ,ഀ P tF:ഀ tic criltedlot a-pacrel of land. situate. lying sad being In I.b*ഀ tഀ r:.ഀ t'eaatlC of F,FlglB and 4tats eMblitra" to-witഀ , I Int 54, Glen Lyon Sjbdivisionഀ l according to the recorded pia":ഀ thereof as amendedഀ ,ഀ 71tCET11 rR with all env ainN:xr the heredilaetents and appurleaanc. ■ thereto ber•..ytne, or in enywi,e .Epee,ഀ - • tatnmt- and itte revenuen and rr. rsioas, rescinder and remainders, rests, Issues and oroflts thereof; and all theഀ ~'tt, II eeA it. riot. title. Intorest- cl Lim and de mend wont.orver of t he aid party dtherlnlpai i. rtther in law or equity. o f,ഀ {I is and to i he t:bove bargained premises, with the hem Ails tnents and appur• rnar.res.ഀ tഀ to HAVVi A.\U TO HOLD lha acid prrautra above bargained and descri ord. with the sl nt menat •r, unto the e.unഀ par ;.d the wrond part- his heirs and sas/rne forever. A.td the said party of the first y.: I. fee I•.marlf, his hetrs,ഀ ester at. ea. c-d ■dmintsirstomdoet eovrnanr, grant. bargain, and agree to and s nth the •-t .t ~.ny c.f the s .rid pat L.ഀ r~ his sirs aid asntgns, that of the liTr 61111,r K vJtpg and delivery of thsa • pre.tents. he is w. 11 setxe4 of t he prrmr•rrഀ II a6e.. root, ,reel, as of g• ad, suer, perfect, ■he-',ate and indr(rartbla estate c f inheritance, in I.w, in fee simple. and hasഀ rA right; .un power and lawful sttrthrtrt. ;to grant. bargain, sell and cartvey lh- t; mr in manner and fern asഀ ►(erxaid, tttd that the some are frre and clear from all former and s_her r. mots. I-L:mias. •..i liens. taxes. !ഀ ■ase..mantt.aeA enntml.ntsres of ehalwrr kind .r nature ao.rvr, exceV( U.S. Paten:. Reservations.ഀ ,ഀ easemml:3- rigid rights of way cf record, protective coveru is s o f : eeard s vl rerl jഀ {!proper-ty taAes for 1980 which party of the second putt assn ei and Woes to pay. !ഀ ഀ i~x: ,il - •ഀ A ; L!.. -ഀ Iഀ i~5~:-• I~ and the alwvad Datgalred nretaises in the quirt and lea•!rabk pnvrruoat e( the raid potty if r'.e •eernd Encl. himഀ heirss,nd assigns mr m.t all and revey pvnan at pennn, • wf'jlly clai:ni•t(•rr to darn: lh. wl:..!. cr and ~a. L • hrrral.ഀ rho said turfy of the first Port *hall and will WARRAI "AND MRI:VF.R DEFENtt The .rn,•..:■r nxtnhrr hallഀ ••.y` I i include ti-r plural. the plural the sinnrlar, and tM use of ar.t- evader ■hnit -w ■ppltraMr :.r vty.•nAt r•.ഀ IN UITNESS MIIERr.OF. the said pa M- 41 he first part has hrorunl . -ft his I,sn.• atJ -/1 h- A.) .md yen, firstഀ aban written.ഀ - ____1f "I" - It1F-Y~'..~~ IcEALIഀ INKALlഀ t.ഀ ".JLTEOICOLORADO 'ഀ City ard County ef, d~avter Aഀ ~,~p,-, i, ~r't'}te (tr}n ~r; IttatF 4irrrttsry adtaarlydre•r tserurv tae this 24th .:are( Julyഀ 1 \ cam` Q k•, .x::'.ഀ .1 _ 71ഀ oi`'I .ro $O.hy' Aryk+i~! ~.Iia III. • 'ഀ ~k't`,-ti~•~~ w.rjl~~ro Y~ 'tlm^TaYwrl~~r l ~ S V li iln... m •nA on.luffi...~ cal.ഀ A,_J-AAഀ M a.M ~I•r.a/e.e~Ma.a0Y fa.. t(Mr Maoa Aww,O..r.1 wa.•e.-.~a..'ra.r,_ta,~ഀ •4,.: • ~ -1389 . ~ -ഀ rw..ഀ AMഀ NOഀ 75 south frontage roadഀ vail, Colorado 81657ഀ (303) 476-7000ഀ March 28, 1989ഀ Mr. Andy Norrisഀ Vail Ventures, Ltd.ഀ 1000 S. Frontage Road Westഀ Vail, CO 81657ഀ RE: Glen Lyon Office Property/ഀ Deceleration Lane Requirementഀ Dear Andy:ഀ Aft~ഀ office of community developmentഀ The staff discussed the Highway Department's permit requirementഀ that you construct a deceleration lane in front of the Glen Lyonഀ Office Building. The staff opinion is that this is a minorഀ amendment for Special Development District No. 4. The staffഀ would like to schedule a work session with the Planningഀ commission on April 10 to review the impacts of the decelerationഀ lane on pedestrianization, landscaping, and the recreationalഀ path.ഀ I am asking that you submit a written statement as to how theഀ deceleration lane will affect these factors as well as aഀ landscape plan and site plan showing a new decel lane and itsഀ relationship to the Glen Lyon property.ഀ Please submit this information as soon as possible and no laterഀ than Monday, April 3, 9:00 A.M. This will give me time toഀ present it to our other departments at the interdepartmentalഀ meeting that morning. If you have any concerns about theഀ process, please feel free to give me a ring at 479-2138.ഀ Sincerely,ഀ f`ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ Aഀ 5TATE OF COLORADOഀ COLORADO DEPARTMENT OF HIGHWAYSഀ STATE HIGHWAY ACCESS PERMITഀ INFORMATION AND BILLING '94ഀ Glen Lyon Office Building °a. °ഀ 1000 South Frontage Road Westഀ Vail, CO 81657ഀ March 23, 1989ഀ Permittee: Review both sides of the attached State Highwayഀ Access Permits (form #101) and all attachments.ഀ NOTE: IF YOU FAIL TO SIGN AND RETURN THE ATTACHED STATE HIGHWAYഀ ACCESS PERMIT WITHIN 60 DAYS OF THE DATE OF THIS LETTER, THEഀ COLORADO DEPARTMENT OF HIGHWAYS WILL CONSIDER THE PERMIT VOID.ഀ If you choose not to act on the permit:ഀ - return the permit unsignedഀ If you wish to appeal the terms and conditions of the permit:ഀ - refer to the back of State Highway Access Permit forഀ explanation of appeal proceduresഀ If you accept the permit please:ഀ - sign the State Highway Access Permit on the line markedഀ "PERMITTEE." Your signature confirms your agreement toഀ all listed terms and conditions.ഀ - provide a check or money order made out to Coloradoഀ Department of Highways for the amount $75.00 each.ഀ - return the State Highway Access Permit with attachmentsഀ together with your payment in the envelope provided.ഀ The Highway Department will process and return to you a validatedഀ (signed) copy of your State Highway Access Permit.ഀ DO NOT BEGIN ANY WORK WITHIN THE STATE HIGHWAY RIGHT OF WAYഀ WITHOUT A VALIDATED ACCESS PERMIT. USE OF THE PERMIT WITHOUTഀ HIGHWAY DEPARTMENT VALIDATION SHALL BE CONSIDERED A VIOLATION OFഀ STATE LAW.ഀ If you have any questions, please call Charles Dunn at 248-7232ഀ in Grand Junction.ഀ The transmittal to you of the access permit form for your -ഀ approval constitutes final action by the issuing authority andഀ the Department of Highways as required by section 43-2-147,•_ഀ C.R.S. as amended.ഀ PEC MIN :S 11/28/88ഀ lab. The vote was 4-0 to uphold the staff decision.ഀ •ഀ 3.ഀ Kristan Pritz summarized the requests per the very completeഀ staff memos concerning the project. Beginning with the requestഀ for the amendment, she compared the proposed development to theഀ Arterial Business Zone District, stating that only in the areasഀ of height, setbacks and landscaping were there any deviations.ഀ Kristan then reviewed the design criteria for Specialഀ Development Districts, stating that the proposal provided forഀ significant upgrading of the existing development on the site,ഀ it provided for a mix of uses, and served as a transition zoneഀ between Lionshead and Cascade Village.ഀ Parking and loading was explained and a report by TDA Coloradoഀ concerning "Parking Demand Analysis and Parking Managementഀ Plan" was discussed. Kristan then explained how the projectഀ conformed to applicable elements of the Vail Comprehensiveഀ Plan, Town policies and the Urban Design Plans and went on toഀ ® discuss the applicable geological hazards.ഀ The memo also dealt with the site planning, circulation system,ഀ landscaping, and phasing of the work on the project. The staffഀ recommendation was for approval of the amendment to Area D withഀ the stipulation that the owner agree in writing to theഀ following conditions which shall be recorded by the Town ofഀ Vail Clerk at the Eagle County Assessor's Office within 30 daysഀ after the Town Council's final approval of the SDD ordinance:ഀ 1. The owner shall agree to construct the bus shelter perഀ Town of Vail standards. The bus shelter will beഀ constructed subsequent to the issuance of a buildingഀ permit and prior to the issuance of a temporaryഀ certificate of occupancy for either the brewery addition,ഀ office expansion, east office building, or parkingഀ structure.ഀ 2. The owner shall relocate the bike path and provide a bikeഀ path easement across the Glen Lyon property and CDOHഀ property. The bike path shall be constructed per Town ofഀ Vail standards. The bike path shall be constructedഀ subsequent to the issuance of a building permit and priorഀ to the issuance of a temporary certificate of occupancyഀ for either ;;the brewery addition, office expansion, eastഀ • office building, or parking structure. Such temporaryഀ certificate of occupancy shall be conditional uponഀ construction of the bike path provided for herein.ഀ AMഀ 3. The owner shall provide an employee housing agreement forഀ the two employee housing units in the east officeഀ building. This agreement shall be provided to the Town ofഀ Vail before a temporary certificate of occupancy isഀ released for the two employee housing units or the freeഀ market dwelling unit. The agreement shall include theഀ same provisions as outlined in the employee housingഀ agreement for Area A.ഀ 4. The parking and access to the property shall be managedഀ per the TDA Parking Report, p. 6-7, August 10, 1988 by theഀ owner of the property.ഀ 5. The owner shall underground the electrical utilities alongഀ the north side of the Glen Lyon property from theഀ northwest corner of the property to the northeast cornerഀ of the property. This utility work shall be constructedഀ subsequent to the issuance of a building permit and priorഀ to the issuance of a temporary certificate of occupancyഀ for the brewery addition, office expansion, east officeഀ building or parking structure. The undergrounding of theഀ utilities is contingent upon Holy Cross approving theഀ work.ഀ 6. The 20 foot utility easement on the western portion of theഀ property shall be relocated as well as approved by theഀ Town of Vail before a building permit is released for theഀ micro-brewery addition.ഀ 7.. The owner of the Glen Lyon Office property shall not fileഀ any remonstrance or protest against the formation of aഀ local improvement district or other financing mechanismഀ approved by the Vail Town Council which may be establishedഀ for the purpose of building road improvements to the Southഀ Frontage Road.ഀ 8. The owner shall provide a fire hydrant per Town of Vailഀ Fire Department requirements on the northwest portion ofഀ the property. The fire hydrant shall be providedഀ subsequent to the issuance of a building permit and priorഀ to the issuance of a temporary certificate of occupancyഀ for either the brewery addition, office expansion, eastഀ office building, or parking structure.ഀ The staff also recommended that the Design Review Board look atഀ the following issues related to this project:ഀ 1. Pedestrian access from the east side of the structure toഀ the east office building should be required.ഀ 2. The pedestrian path from the parking structure to theഀ brewery entry should be located on Glen Lyon property.ഀ •ഀ D oഀ Oഀ 0ഀ 3. One additional loading space should be provided for theഀ main office building in the parking structure.ഀ 4. Substantial landscaping should be planted adjacent to theഀ north and south sides of the parking structure.ഀ Kristan then explained the request for the conditional useഀ permit for the micro-brewery. Statements were read from theഀ applicant's proposal describing the micro-brewery operations,ഀ including the fact that there would not be any tractor/trailersഀ permitted at the brewery. Kristan then reviewed criteria andഀ findings for a conditional use permit as well as theഀ environmental impact report. She also presented a letter toഀ the board from CDOH concerning the South Frontage Road andഀ traffic impacts.ഀ The staff recommended approval with the following conditions:ഀ 1. The owner shall provide a man-hole on the brewery serviceഀ line to that the Upper Eagle Valley Consolidatedഀ Sanitation District may monitor BOD strength.ഀ 2. The brewery management shall not operate the brewingഀ process during temperature inversions. It shall be theഀ brewmaster's responsibility to monitor inversions.ഀ 3. The trash compactor and trash storage area shall beഀ completely enclosed. The management of the brewery shallഀ not allow any trash to be stored in an unenclosed area.ഀ 4. The owner of the property and brewery management shallഀ agree in writing that semi-truck traffic to the Glen Lyonഀ office site shall be prohibited. The only truck loadingഀ that shall be allowed to the site for the brewery or anyഀ other uses on the site will be vans having a maximum sizeഀ of 22'.ഀ 5. The owner of the Glen Lyon Office property shall not fileഀ any remonstrance or protest against the formation of aഀ local improvement district or other financing mechanismഀ which may be established for the purpose of building roadഀ improvements to the South Frontage Road.ഀ 6. The owner shall utilize protective measures duringഀ construction to prevent soil erosion into Gore Creek.ഀ Andy Norris, representing the applicant, stated that he felt anഀ improvement to the South Frontage Road should be a joint effortഀ including the applicant, CDOH, the Town of Vail and the otherഀ adjacent property owners. Peter Jamar, author of the EIR wasഀ also present. Peter Patten stated Andy that to not remonstrateഀ as written in condition number 5 meant basically to agree toഀ pay his share.ഀ Lഀ nഀ Peggy asked where people would walk from the bus stop and Andyഀ said the applicant would construct a path to connect the busഀ shelter to the brewery along the South Frontage Road. Peggyഀ wondered who would know when there would be an inversion, andഀ was told that it was the respsonsibility of the brewmaster toഀ not brew during an inversion. Andy stated that this was waterഀ vapor, not pollution, and that the reason for not brewingഀ during inversions was merely because of the odor created.ഀ Kristan stated that the brewmaster should set up a meeting withഀ the Environmental Health Officer to discuss the inversionഀ issue. She emphasized that it is ultimately the brewery'sഀ responsibility to not brew during inversions. Andy stated thatഀ the brewery could remove the odor by using device on the waterഀ vapor stack.ഀ Peggy felt that it was important to have as much landscaping asഀ possible along the parking structure. Bryan felt that Peggyഀ had covered all the important points. Jim Viele refrained fromഀ commenting due to a conflict of interest.ഀ Peggy moved to recommend to Town Council approval of theഀ requested amendment per the staff approval and with an addedഀ item for the DRB that there must be substantial landscapingഀ along the parking structure. Bryan seconded the motion andഀ the vote was 3 in favor, none against, with Jim abstaining.ഀ Peggy then moved to approve the conditional use request toഀ allow the micro-brewery per the staff memo with an addedഀ condition #6 that states: The owner shall utilize protectiveഀ measures during construction to prevent soil erosion into Goreഀ Creek. Bryan seconded the motion and the vote was 3 in favor,ഀ none against, with Jim abstaining.ഀ Item 4, Vail Valley Medical Center was withdrawnഀ 5. A request to amend the Ford Park Master Plan to add anഀ aquatic/tennis complexഀ Applicants: Town of Vail and Vail Metropolitanഀ Recreation District.ഀ Kristan Pritz described the proposed change to the Ford Parkഀ Master Plan. It concerned the northeast area of Ford Parkഀ which presently was to be developed for an aquatic facilityഀ with associated parking. All three softball fields wouldഀ remain on the park. The tennis courts would be removed toഀ allow for the pool and be relocated at Golden Peak.ഀ With the changes at Golden Peak, the VMRD board wished toഀ relocate as many of their courts on public land as possible toഀ ensure that they would be available for the public in theഀ future. Two phases were proposed. Phase One would allow forഀ 0ഀ 1-11ഀ TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: November 28, 1988ഀ SUBJECT: A request for a conditional use permit to allow a micro-ഀ brewery on the Glen Lyon Office property in Specialഀ Development District 4, Area D.ഀ Applicants: Glen Lyon Office Building, Inc., A Coloradoഀ Partnershipഀ I. DESCRIPTION OF PROPOSED USEഀ The applicants are requesting toഀ Glen Lyon Office property withinഀ 4 Area D. The underlying zoningഀ Business. Recently, the Arteriaഀ amended to allow micro-breweriesഀ micro-brewery is defined as:ഀ build a micro-brewery on theഀ Special Development Districtഀ for Area D is Arterialഀ L Business District wasഀ as a conditional use. Aഀ Section 18.04.253 Micro-Breweryഀ A mixed use commercial operation that processes water,ഀ malt, hops, and yeast into beer or ale by mashing,ഀ C cooking, and fermenting that shall also include an on-ഀ site public restaurant and/or bar which sells the beerഀ and ale produced on site. The maximum brewing capacityഀ shall be 7,500 barrels per year. A barrel is equivalentഀ to 31 gallons. The micro-brewery use shall not exceedഀ 8,000 square feet of floor area, excluding enclosedഀ areas for loading, trash and delivery. The publicഀ restaurant and/or bar shall have a minimum seating areaഀ of 2,000 square feet and shall be excluded from theഀ total micro-brewery maximum square footage limit.ഀ The actual micro-brewery expansion has a total gross squareഀ footage of 17,600 square feet with a production capacity ofഀ 7,500 barrels per year. Specific uses within the breweryഀ expansion include:ഀ Brewhouse:ഀ Beer hall:ഀ Brew Pub:ഀ Retail:ഀ Museum:ഀ Admin. Offices:ഀ Employee lockers:ഀ Loading:ഀ Additionalഀ house forഀ 6,600 sq ftഀ 1,774 sq ftഀ 1,858 sq ftഀ 446 sq ftഀ 415 sq ftഀ 700 sq ftഀ 296 sq ftഀ 685 sq ftഀ sq ft for common areas, storage, and back ofഀ restaurant usesഀ Iഀ The brewery expansion will be built onto the west end of theഀ existing Glen Lyon office building. An enclosed loadingഀ area is located on the northeast corner of the building. Aഀ porte cochere drop-off area is also provided on the northഀ side of the building. A dining deck extends off of theഀ southwest corner of the building. The developer is alsoഀ proposing to build a new bus stop and re-align the bike path.ഀ The following statements have been taken from the applicants'ഀ proposal describing the micro-brewery operations.ഀ "The brewery will operate its warehousing and storageഀ facilities off-site. Raw materials and finished goodsഀ will be transported to and from the brewery in smallerഀ trucks (maximum length of 22 feet). Tractor trailerഀ operations will be located at the off site warehouse.ഀ The distributor for the brewery will pick up finishedഀ goods in a tractor/trailer at the warehouse. Noഀ tractor/trailers will be permitted at the brewery.ഀ The Vail brewery has a completely different program thanഀ the Boulder brewing company. Boulder is producing inഀ excess of 9,000 barrels per year, 90% of which is beingഀ bottled (112,000 cases). Boulder distributes into 34ഀ states, thereby creating a large commitment to smallഀ quantity trucking. Less than 2% of Boulder's productionഀ is consumed on premise. Boulder requires its malt inഀ bulk loads of 40,000 pounds requiring a silo forഀ storage.ഀ The Vail brewery will produce about 7,500 barrels perഀ year. Approximately 35% will be consumed on premises.ഀ 10,000 to 15,000 cases of beer will be bottled per year.ഀ The remaining will be kegged for distribution to Eagleഀ County, Summit County and the Front Range. Vail expectsഀ to have only one distributor, Murray Distributing ofഀ Denver, who will pick up the finished product from theഀ Minturn warehouse. Vail Ale will sell only inഀ Colorado.ഀ For a brewery, bottling requires the greatest storageഀ for both packaging material and finished product. Vailഀ will minimize its bottling activity to approximately 15%ഀ of production.ഀ Lastly, Vail will acquire its malt in 50 and 100 lbഀ bags. Tractor/trailer loads will be stored in Minturnഀ and delivered in brew-size quantities to the brewery inഀ van-size trucks." (Memo Andy Norris Sept. 14, 1988)ഀ II. CRITERIA AND FINDINGSഀ Upon review of Section 18.60, the Community Developmentഀ Department recommends approval of the conditional use permitഀ based upon the following factor:ഀ i 1ഀ Consideration of Factors:ഀ A. Relationship and impact ofഀ objectives of the Town.ഀ use on developmentഀ The purpose section of the Arterial Business zoneഀ district reads as follows:ഀ Section 18.29.010ഀ "The Arterial Business District is intended toഀ provide sites for office space, public utilities,ഀ service stations, limited light industry having noഀ adverse environmental impacts that provideഀ significant on-site tourist amenities, and limitedഀ shopping and commercial facilities serving the Townഀ and Upper Eagle Valley residents and guests.ഀ Multiple family dwellings for use as employeeഀ housing will be appropriate under certainഀ circumstances. Arterial Business District isഀ intended to ensure adequate light, air, openഀ space, and other amenities appropriate to permittedഀ and conditional types of buildings and uses, and toഀ maintain a convenient (limited) shopping, business,ഀ service, and residential environment."ഀ The Environmental Impact Report has established that theഀ micro-brewery use does not have any significant negativeഀ environmental impacts. It is also considered to be aഀ compatible limited light industrial use that providesഀ tourist amenities on site such as the restaurant/bar,ഀ museum, retail shop, and brewery tours. Staff believesഀ that the use is compatible with the business and officeഀ uses presently allowed in the Arterial Business zoneഀ district. Due to the fact that the micro-brewery useഀ has such a great potential to become a major guestഀ attraction, staff feels that the use is very supportiveഀ of development objectives of the Town.ഀ B. The effect of the use on light and air, distributioഀ population, transportation facilities, utilities,ഀ schools, parks and recreation facilities, and otherഀ public facilities needs.ഀ The Environmental Impact Report has provided informationഀ for staff to determine that the use does not have anyഀ significant impacts on these factors.ഀ 3ഀ 0 0ഀ C. The effect upon traffic with particular reference toഀ congestion, automotive and pedestrian safety andഀ convenience, traffic flow and control, access,ഀ maneuverability, and removal of snow from the street andഀ parking areas.ഀ The Environmental Impact Report has indicated that theഀ additional traffic due to the micro-brewery use will notഀ necessitate any improvements to the South Frontage Road,ഀ given Colorado Division of Highway requirements for safeഀ ingress and egress. The proposal has positive impactsഀ on traffic and safety. The applicant will provide a busഀ shelter on the western side of the property. Aഀ relocated bike path with less slope will be moreഀ easily accessible for pedestrians and cyclists.ഀ D. Effect upon the character of the area in which theഀ proposed use is to be located including the scale andഀ bulk of the proposed use in relation to surroundingഀ uses.ഀ As was described in the memo concerning the amendment toഀ Special Development District #4 for Area D, theഀ expansion for the micro-brewery will up-grade theഀ appearance of the existing Glen Lyon Office site. Theഀ new architecture and revised site plan will be a greatഀ C improvement to this property which should in turn haveഀ positive effects upon surrounding properties.ഀ III. ENVIRONMENTAL IMPACT REPORTഀ The applicant has submitted an Environmental Impact Reportഀ for the micro-brewery use. The report was completed by RBDഀ Engineering Consultants and Jamar Associates. RBD hasഀ analyzed the potential impacts from the micro-brewery havingഀ a capacity of 7,500 barrels per year. The followingഀ paragraphs are taken from the Environmental Impact Reportഀ and summarize the types of potential impacts that wereഀ studied for the proposal:ഀ "A. Natural Featuresഀ Drainage of the parking garages will be designed in aഀ manner which will collect all silt and oil dischargesഀ that might occur. Due to the proximity of Developmentഀ Area D to Gore Creek, extra precaution should be takenഀ during construction in order to prevent soil erosionഀ into the creek.ഀ B. Waterഀ The increased water demand is a result of the increasedഀ increment of commercial square footage and, mostഀ 4ഀ Iഀ significantly, the micro brewery. Total water requiredഀ for maximum production per year would be 1,395,000ഀ gallons, or approximately 4.298 acre feet. Upper Eagleഀ Valley Water and Sanitation District has provided theഀ Town staff with a letter stating that they have noഀ problem with the production of 7,500 barrels annually.ഀ C. Waste Waterഀ It is proposed that the 1,162,500 gallons per year orഀ 96, 875 gallons per month will be required to be treatedഀ by the Upper Eagle Valley Water Sanitation District.ഀ The EIR also identifies biological oxygen demand as aഀ second concern related to waste water. BOD is aഀ measurement of the strength of the waste water andഀ therefore a measurement of the magnitude of theഀ treatment prior to releasing back into the stream. Theഀ Upper Eagle Valley Consolidated Sanitation District mayഀ want to require a manhole on the brewery sewer serviceഀ line so that they can sample BOD.ഀ At the end of the brewing process, a solid productഀ consisting primarily of spent grain results. Theseഀ solids are strained or filtered off in deep waterഀ by equipment contained within the brewery. They areഀ C collected in a hopper and routinely picked up in aഀ vehicle the size of a pickup and sold for beneficial useഀ such as cattle feed.ഀ D. Air Omissions and Odorഀ During the winter months, temperature inversions mayഀ occur in the Vail Valley. The best informationഀ indicates that a strong inversion that sets up well andഀ continues through the night could occur from 6 to 12ഀ times per year...ഀ To be more specific, an inversion, if it is going toഀ occur, would begin to develop around 3:30 in theഀ afternoon and be fully developed in approximately 2ഀ hours. It will continue through the night, start toഀ clear out around 8:00 in the morning and will be totallyഀ dissipated in approximately 1-1/2 hours.ഀ In discussions with various agencies in Boulder where aഀ micro-brewery exists, there have never been complaintsഀ registered regarding stack emissions. Odors are similarഀ to those of baking bread because of the malt and areഀ very weak. With the brewery stack designed as anഀ architectural element of the building at a height of theഀ surrounding ridge lines and care not to begin a brewingഀ process during an identified temperation inversion,ഀ emissions should go undetected.ഀ 5ഀ r% 0"ഀ E. Loading and Deliveryഀ The brewery includes a fully enclosed loading dock. Itഀ has been sized to accommodate two 22-foot unit trucks,ഀ which is the maximum size in Vail for vendor deliveries.ഀ The loading area also includes the spent grain trailer.ഀ A trash compactor is included in a fully enclosedഀ outdoor area.ഀ The distributor for the brewery will pick up finishedഀ goods in a tractor/trailer at the warehouse in Minturn.ഀ No tractor/trailers will be permitted at the brewery.ഀ F. Noiseഀ The major sources of noise are anticipated to be theഀ bottling phase of operations and the process of loadingഀ and delivery of kegs, bottles, and other breweryഀ supplies as well as the pick up of the solid waste whichഀ results as a by-product of the brewing process.ഀ The bottling operation is proposed to be totallyഀ enclosed and therefore will not produce noise externalഀ to the building.ഀ The loading dock is within the envelope of the buildingഀ and has large operable sound proof doors which will beഀ closed before, during, and after loading operations toഀ eliminate any potential noise problems resulting fromഀ either delivery of supplies or pick up of product andഀ solid waste.ഀ G. Visual Conditions.ഀ The redevelopment of the Glen Lyon office Building willഀ significantly upgrade the architectural character of theഀ site and will integrate the overall theme and characterഀ of the entire Cascade Village to include Area D. SDD4ഀ is not located within any designated view corridor ofഀ the Town of Vail.ഀ H. Land Use Conditionsഀ The proposed micro-brewery meets the Town's objectivesഀ of improving and enhancing year-round tourism. As wasഀ stated in Section III of the SDD memo, the proposalഀ supports Land Use objectives of the Town of Vail.ഀ I. Circulation and Transportationഀ "Per the State Highway Department access code, left turnഀ storage lanes at either access drive would not beഀ 6ഀ warranted for highway peak hours volumes and posted 25ഀ MPH speeds. A right-turn deceleration lane at theഀ parking deck access would be marginally warranted. Anഀ acceleration lane for right or left turns out of theഀ parking structure would not be warranted. Siteഀ topography and Town landscaping requirements appear toഀ preclude right turn deceleration lane construction inഀ the space available. Most intersections along Southഀ Frontage Road in the 25 MPH speed zone do not haveഀ deceleration lanes. Hence, the absence of aഀ deceleration lane at the parking structure entranceഀ would be compatible with driver expectancy.ഀ The new porte cochere front door drop-off lane wouldഀ operate as a one-way drive entering from the west andഀ exiting to the east. The left turn DVH, six vehiclesഀ would not warrant a left turn deceleration lane. Rightഀ turn speed change lanes into or out of the porte cochereഀ drive are not warranted because of the low design hourഀ volume.ഀ Any widening should be done as a complete project forഀ the entire business district and not as a series ofഀ separate, independent projects to avoid serpentineഀ alignment of through travel lanes." (TDA Report, Nov.ഀ 16, 1988)ഀ ' Staff Comment:ഀ It is our understanding from CDOH that they also believeഀ the proposal does not generate enough additional trafficഀ to warrant specific changes to the Frontage Road. Staffഀ believes that it will be more effective to address Southഀ Frontage Road improvements through a comprehensiveഀ improvement district. The Town of Vail Public Worksഀ Department and CDOH also concur that a comprehensiveഀ improvement district approach will be more effective.ഀ J. Parkingഀ This issue has been fully addressed in the amendmentഀ memo concerning Area D.ഀ K. Population Characteristicsഀ The micro-brewery will require the following full-timeഀ equivalent employees.ഀ Full-Time Equivalentഀ Function Employeesഀ Brewery Administration 6ഀ Brewery operation 3 - 5ഀ Brew Pub, Banquet Facility 40ഀ TOTAL 49 - 51ഀ Hഀ L. Staff Summary of the Environmental Impact Reportഀ The Environmental Impact Report indicates that there areഀ no substantial negative environmental impacts due to theഀ brewery. The staff does feel that the following pointsഀ should become conditions of approval. The EIR hasഀ indicated that although minor, these points should beഀ addressed.ഀ 1. The owner shall provide a man-hole on the breweryഀ service line so that the Upper Eagle Valleyഀ Consolidated Water and Sanitation District mayഀ monitor BOD strength.ഀ 2. The brewery management shall not operate theഀ brewing process during temperature inversions. Itഀ shall be the responsibility of the Brewmaster toഀ monitor inversions.ഀ 3. The trash compactor and trash storage area shall beഀ completely enclosed. The management of the breweryഀ shall not allow any trash to be stored in anഀ unenclosed area.ഀ 4. The owner of the property and brewery managementഀ agree that semi-truck traffic to the Glen Lyonഀ office site shall be prohibited. The only truckഀ loading that shall be allowed to the site for theഀ brewery or any other uses on the site will be vansഀ having a maximum size of 221.ഀ 5. The owner of the Glen Lyon office property shallഀ agree in writing to participate in a specialഀ improvement district or other type of financingഀ mechanism approved by the Town Council if formedഀ for the purpose of building road improvements toഀ the South Frontage Road.ഀ IV. SUCH OTHER FACTORS AND CRITERIA AS THE COMMISSION DEEMSഀ APPLICABLE TO THE PROPOSED USE.ഀ V. FINDINGSഀ The Community Development Department recommends that theഀ conditional use permit be approved based on the followingഀ findings:ഀ That the proposed location of the use is in accord withഀ the purposes of this ordinance and the purposes of theഀ district in which the site is located.ഀ 8ഀ That the proposed location of the use land the conditionsഀ under which it would be operated or maintained would notഀ be detrimental to the public health, safety, or welfareഀ or materially injurious to properties or improvements inഀ the vicinity.ഀ That the proposed use would comply with each of theഀ applicable provisions of this ordinance.ഀ VI. STAFF RECOMMENDATIONഀ The staff recommends approval of the micro-brewery request.ഀ The micro-brewery meets the square footage limits describedഀ in the definition. The brew house area is approximatelyഀ 6,600 square feet. The brewery area capacity is limited toഀ 8,000 square feet. The Environmental Impact Report hasഀ indicated that there are no significant environmental impactsഀ due to the project. In addition, the use meets all of theഀ conditional use criteria. Staff recommends approval of thisഀ request with the following conditions:ഀ The owner shall agree in writing to the following conditionsഀ which shall be recorded by the Town of Vail Clerk at theഀ Eagle County Assessor's office within 30 days after Townഀ Council's final approval of the SDD ordinance. The timeഀ period may be extended if approved by Town of Vail staff.ഀ 1. The owner shall provide.a man-hole on the breweryഀ service line so that the Upper Eagle Valley Consolidatedഀ Sanitation District may monitor BOD strength.ഀ 2. The brewery management shall not operate the brewingഀ process during temperature inversions. It shall be theഀ brewmaster's responsibility to monitor inversions.ഀ 3. The trash compactor and trash storage area shall beഀ completely enclosed. The management of the breweryഀ shall not allow any trash to be stored in an unenclosedഀ area.ഀ 4. The owner of the property and brewery management shallഀ agree in writing that semi-truck traffic to the Glenഀ Lyon office site shall be prohibited. The only truckഀ loading that shall be allowed to the site for theഀ brewery or any other uses on the site will be vansഀ having a maximum size of 221.ഀ 5. The owner of the Glen Lyon Office property shall notഀ file any remonstrance or protest against the formationഀ of a local improvement district or other financingഀ mechanism which may be established for the purpose ofഀ building road improvements to the South Frontage Road.ഀ 9ഀ •6. The owner shall utilize protective measures duringഀ construction to prevent soil erosion iyito Gore Creek.ഀ Cഀ 10ഀ C TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: November 28, 1988ഀ SUBJ: Request to Amend Special Development District No. 4,ഀ Area D, Glen Lyon office site to allow a micro-ഀ brewery, office expansion, parking structure, andഀ residential units.ഀ Applicant: Glen Lyon Office Building, Inc., aഀ Colorado Partnershipഀ I. SUMMARY OF REQUESTS FOR AREA D, GLEN LYON OFFICE SITEഀ The applicants are requesting approval to amend theഀ Special Development District 4, Area D, development plan.ഀ The amendments include:ഀ 1. Brewery Addition:ഀ The brewery addition is approximately 17,600 squareഀ feet of gross floor area. The building connects toഀ the west end of the existing Glen Lyon officeഀ building. The addition is 3 stories high andഀ includes the following uses:ഀ Brewing Area: 6600 sq. ft.ഀ Pub: 1,858 sq. ft.ഀ Beer Hall: 1,774 sq. ft.ഀ Retail: 446 sq. ft.ഀ Museum: 415 sq. ft.ഀ Brewery office: 700 sq. ft.ഀ The building also has a new deck area which extendsഀ down to the bike path adjacent to the creek. A drop-ഀ off is proposed at the entry to the brewery and isഀ located on Highway right-of-way.ഀ 2. Expansion to Existing Office Building:ഀ An additional 2,400 square feet of office space wouldഀ be added to the Glen Lyon Office Building. The newഀ office area is located on the west end of theഀ existing building.ഀ 0 0ഀ 3. Parking Structure:ഀ C A two-level parking structure (100 spaces) isഀ proposed to be built directly to the east of the Glenഀ Lyon Office Building. The vehicular access to theഀ property would be moved further to the east accordingഀ to the Arterial Business District Circulation andഀ Access Plan. The Frontage Road view of the parkingഀ structure would be screened by a berm along theഀ entire length of the north elevation. The south sideഀ (or creek side) of the structure would remain open.ഀ The east building has 3 garage spaces and 5 surfaceഀ spaces. Total parking provided on site is 108.ഀ 4. East Building:ഀ Two alternative development scenarios are proposedഀ for this area. Alternative A provides for a 5,725ഀ square foot office building. Alternative B includesഀ 2,400 square feet of office space plus one freeഀ market dwelling unit having 1,630 square feet as wellഀ as two employee housing units, at 795 and 900 squareഀ feet. The exterior of the building remains the sameഀ under either alternative.ഀ C 5. Bike Path:ഀ The developer is proposing to relocate the bike pathഀ further to the west in order to decrease theഀ steepness of the path. The relocated path alsoഀ allows more open space between the bike path andഀ dining patio.ഀ 6. Bus Shelter:ഀ The developer has proposed to build a new bus shelterഀ along the Frontage Road to the west of the Glen Lyonഀ property. The structure is actually on Coloradoഀ Division of Highways right-of-way. The Town of Vailഀ would be responsible for maintaining the structureഀ and for providing bus service.ഀ 7. Undergrounding of Utilities:ഀ The developer is proposing to underground the Holyഀ Cross electrical lines that extend along the northഀ side of the property adjacent to the South Frontageഀ Road.ഀ II. COMPARISON OF THE PROPOSED DEVELOPMENT TO THE ARTERIALഀ BUSINESS ZONE DISTRICTഀ A. BACKGROUND ON GLEN LYON PROPERTYഀ In 1976, Special Development District #4 was established.ഀ The Arterial Business Zone District was adopted in Marchഀ of 1982. Arterial Business zoning serves as theഀ underlying zone district for the Glen Lyon Officeഀ property. Technically, the property is still withinഀ Special Development District #4. However, the Arterialഀ Business Zone District (ABD) is used in respect toഀ determining allowable uses and general site developmentഀ standards.ഀ When the Special Development District was originallyഀ established, the development plan called for 10,000 squareഀ feet of office space. The office building was constructedഀ in 1979-80 with a gross area of approximately 13,000ഀ square feet. In March of 1982, the PEC and Town Councilഀ approved an amendment to the SDD which allowedഀ approximately 3,000 square feet of existing storage withinഀ the building to be converted to office space.ഀ In 1983, a request was also approved by the Planningഀ Commission and Town Council to allow the total gross areaഀ of the building to be 25,000 square feet. Of this 25,000ഀ square feet, 18,750 square feet was considered to be netഀ floor area for office. The remainder of the area wasഀ devoted to common area such as mechanical, lobby areas andഀ C corridors.ഀ The 1983 request also included a change to the frontഀ setback. The front setback would be adjusted from 20 feetഀ to 15 feet. This request was approved by the PEC with twoഀ conditions. The first was that "the bike path, right turnഀ and left turn lanes shall be provided in accordance withഀ the Circulation and Access Plan for the Arterial Businessഀ zone district with the stipulation that the funding beഀ worked out within a period of 60 days after the approval,ഀ and that no building permit would be issued until theഀ funding was worked out." The second condition stated thatഀ the applicant "shall agree to sharing in the cost ofഀ providing an additional fire hydrant within the vicinityഀ as required by the Vail Fire Department." (PEC Minutes;ഀ January 20, 1983)ഀ In March of 1986 the developer requested to extend theഀ expired approval for Development Area D. This request wasഀ also approved.ഀ In April of 1986 the Glen Lyon Office Building partnershipഀ requested a minor subdivision of the Glen Lyon Officeഀ 0 Oഀ Cഀ B. ARTERIAL BUSINESS ZONING COMPARED TO PROPOSED SDDഀ The ABD zoning provides a guide for the level ofഀ development on the site. Below is a summary of how theഀ proposal compares to the requirements of the ABDഀ district.ഀ Building property. The concept was to divide the 1.8 acreഀ site into two parcels so that ownership could be dividedഀ prior to construction. The development would be limitedഀ to the approved development plan for the parcel. Thisഀ request was also approved by the PEC. However, the minorഀ subdivision plat has not been finalized and recorded withഀ the County by the applicant.ഀ ABD Districtഀ Requirementsഀ Proposed SDDഀ 1. SETBACKSഀ Cഀ Cഀ Side: 15 feet if theഀ building is less thanഀ 20 feet high;ഀ 20 feet if the buildingഀ is greater than 20 feetഀ high.ഀ Rear: 10 feetഀ Front:ഀ 15 ft = 420 l.f. 60%ഀ 20 ft = 280 l.f. 40%ഀ Parking Structure:ഀ No setback for undergroundഀ parkingഀ Centerline of Gore Creek:ഀ 50 ft stream setback fromഀ centerline of Gore Creekഀ Side: All of the projectഀ meets the 20 foot sideഀ setback except for theഀ northwest corner of theഀ building which is 15 feetഀ from the property line.ഀ Rear: The dining deckഀ extends up to the propertyഀ line.ഀ Front:ഀ 2 ft = 20 l.f. 35 % (entry)ഀ 4 ft = 210 l.f. 30% (struct)ഀ 10 ft = 87 l.f. 12%ഀ 15-18 ft = 40 l.f. 6%ഀ 20 ft + = 343 if 49%ഀ Parking Structure:ഀ The parking structureഀ maintains a 4 ft frontഀ setback and a a 10 ftഀ setback along the southഀ property line.ഀ Centerline of Gore Creek:ഀ The parking structureഀ encroaches 8 ft into theഀ stream setback.ഀ 4ഀ 2. HEIGHTഀ 70% = roof 32 to 40 ft.ഀ C 30% = roof under 32 ftഀ Minimum roof slope 3ft inഀ 12 ft.ഀ 3. DENSITYഀ GRFA = 34,578 s.f.ഀ Maximum of 33 D.U.sഀ 4. SITE COVERAGE:ഀ 60% of total site area =ഀ 45,678 sq ftഀ 5. FLOOR AREA RATIO:ഀ Maximum allowed, .75ഀ 6. PARKING AND LOADING:ഀ No loading or parking isഀ allowed in the front setbackഀ 5ഀ 54% = roof 32 ft to 40.ftഀ 46% = roof under 32 ftഀ * a very small portion ofഀ the roof (approx. 20 sq ft)ഀ is 41 feet high.ഀ GRFA = 3325 s.f.ഀ 3 units of which 2 areഀ restricted employee unitsഀ 16,100 sq ft = buildingsഀ 12,600 sq ft = structureഀ 28,700 sq ft total or 38%ഀ site coverageഀ .52ഀ Proposed Bldg, 16,644 sfഀ Existing bldg, 16,800 sfഀ East Bldg, 6,000 sfഀ Total, 39,444 sfഀ 39,444 = .52ഀ 76,130ഀ Project has loadingഀ and drop-off areas inഀ the front setback. Theഀ parking structureഀ extends into the streamഀ and front setbacksഀ 100 structured spacesഀ 3 garage spacesഀ 5 surface spacesഀ dഀ 7. LANDSCAPING:ഀ C 25% of the total site or 60% approx. (excludesഀ 19,032 sq ft buildings, ramps,ഀ drives and structure)ഀ C. SUMMARYഀ The proposed development plan departs from the Arterialഀ Business District standards in the areas of setbacks,ഀ stream centerline setback, height, and parking andഀ loading. Staff's opinion is that the setback differencesഀ are warranted due to the narrow width of the property, theഀ steep slopes and large evergreens on the south side of theഀ lot, and the constraints of the 50 foot stream centerlineഀ setback. The applicant has designed a building that isഀ dramatically below the allowable FAR and site coverage forഀ the property. These encroachments are slight, especiallyഀ when one also considers that structured parking has beenഀ located on the property.ഀ The small area of the roof which is at a height of 41 feetഀ is insignificant. The project has been designed to workഀ with the existing slope of the lot. Staff believes thatഀ the architects have done an admirable job of fitting theഀ development in a sensitive manner onto the property. Itഀ should be emphasized that the roof actually has a greaterഀ C area under 32 feet than is required by the Arterialഀ Business zone district.ഀ The ABD zoning does not allow loading or parking in theഀ front setback unless the parking is in an undergroundഀ structure. Staff believes that it is reasonable to allowഀ loading in the front setback for this project, as theഀ loading area is completely enclosed. The drop-off area onഀ Colorado Division of Highways property appears to beഀ acceptable to the Colorado Division of Highways engineers.ഀ It is felt that these differences from the ABD zoning areഀ acceptable and will not create any negative impacts on theഀ Frontage Road. Structured parking is positive.ഀ Allowances must be given for parking in the front setbackഀ due to the narrow width of the lot.ഀ Staff's opinion is that the differences between the SDDഀ and ABD zoning standards are minimal and acceptable.ഀ III. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIAഀ It shall be the burden of the applicant to demonstrate thatഀ submittal material and the proposed development plan complyഀ with each of the following standards, or to demonstrate thatഀ one or more of them are not applicable or that a practicalഀ solution consistent with the public interest has beenഀ achieved.ഀ 6ഀ © eഀ A. DESIGN COMPATIBILITY AND SENSITIVITY TO THE IMMEDIATEഀ ENVIRONMENT, NEIGHBORHOOD AND ADJACENT PROPERTIESഀ RELATIVE TO ARCHITECTURAL DESIGN, SCALE, BULK,ഀ BUILDING HEIGHT, BUFFER ZONES, IDENTITY, CHARACTER,ഀ VISUAL INTEGRITY AND ORIENTATION.ഀ The proposal provides for a significant upgrade ofഀ the existing development on this site. The new styleഀ of architecture which utilizes stucco, metal roofs,ഀ patios and balconies similar in style to Cascadeഀ Village will establish a visual connection with theഀ Glen Lyon property.ഀ The ABD floor area ratio (FAR) allows for 57,097 s.f.ഀ The proposal calls for a FAR of 39,444 s.f. Siteഀ coverage is also below the maximum of 60%. The planഀ has a 38% coverage which includes the parkingഀ structure.ഀ The density on the site is drastically below what isഀ allowed under the Arterial Business District.ഀ Standard zoning would allow for a 34,578 square feetഀ of GRFA with a maximum of 33 dwelling units. Theഀ proposal includes 3,325 square feet of GRFA and threeഀ units. Two of the units will be restricted asഀ employee housing units.ഀ The building has been designed so that it is builtഀ into the site. This design approach dramaticallyഀ decreases the scale and bulk of the building. Thisഀ site has very steep slopes on the southern portion ofഀ the property. In addition, the property has a veryഀ narrow width which presents a difficult designഀ problem. Even given these constraints, the projectഀ in most areas meets all of the ABD requirements.ഀ Staff's opinion is that the proposal greatly improvesഀ this property in respect to quality of architectureഀ and sensitive site planning. The project should haveഀ a positive impact on adjacent properties.ഀ B. USES, ACTIVITY AND DENSITY WHICH PROVIDE Aഀ COMPATIBLE, EFFICIENT AND WORKABLE RELATIONSHIP WITHഀ SURROUNDING USES AND ACTIVITY.ഀ The project provides a mix of uses which is efficientഀ and workable with the surrounding area. Theഀ combination of the brewery, bar and restaurants,ഀ office, and residential uses will serve as aഀ transition zone between Lionshead and Cascadeഀ Village--two guest oriented areas of the community.ഀ The micro-brewery with its ability to become a guestഀ attraction will be a unique and compatible use forഀ this area.ഀ 7ഀ © aഀ It is also positive that the employee housing useഀ will be located on the site. Under ABD zoning, onlyഀ employee housing units are allowed to be built.ഀ However, a special development district must workഀ with the types of uses listed in the underlying zoneഀ district. The SDD allows for flexibility as toഀ whether these units are employee housing units orഀ free market units. If this project was not utilizingഀ the SDD process, the 3 dwelling units would all beഀ required to be employee housing unit.ഀ C. COMPLIANCE WITH PARKING AND LOADING REQUIREMENTS ASഀ OUTLINED IN SECTION 18.52.ഀ The Town of Vail parking and loading standards do notഀ address a micro-brewery use. In order to address theഀ specific parking demand of the proposed developmentഀ for Area D, the applicant submitted a reportഀ entitled, "Parking Demand Analysis & Parkingഀ Management Plan," prepared by TDA Colorado, Inc.ഀ (August 10, 1988). Below is a brief summary of theഀ points made in the study by TDA:ഀ 1. Parking Demand Parametersഀ "For parking demand analysis, we are interestedഀ in the number of vehicles expected during "peakഀ C accumulation," i.e., that time of day when theഀ combination of employee and visitors on siteഀ will be highest.ഀ Of principal interest is the portion of visitorsഀ and employees who will arrive as either a driverഀ or passenger of a parked vehicle. Employeesഀ will heavily rely on private autos, followed byഀ public transit as their preferred arrival mode.ഀ Summer visitors typically exhibit much higherഀ use of private autos than do winter visitors.ഀ Summer visitors often will take day trips to andഀ from distant locations. Fewer winter visitorsഀ will use a private or rental car as a way ofഀ reaching Vail than in the summer. Even thoseഀ winter destination visitors who arrive via auto,ഀ will often leave their car parked for in-townഀ trips, preferring to use the transit system orഀ walk instead.ഀ The Vail free-shuttle transit system providesഀ year-round service for residents and visitors.ഀ The micro-brewery site is served by the Westഀ Vail south route which travels along Southഀ Frontage connecting Cascade Village, Lionsheadഀ Village and the Vail Transportation Center inഀ 8ഀ Vail Village. Site redevelopment willഀ incorporate a bus pull-in for an east-bound busഀ stop. This will augment the existing west-boundഀ stop across the road at the Vail Professionalഀ Building. The current bus schedule providesഀ hourly service during summer morning andഀ afternoon peak periods. Throughout winter, theഀ service increases to every 45 minutes from 7:00ഀ AM to midnight. A number of lodgings in Vailഀ provide courtesy vans for transporting theirഀ guests to and from local attractions. Weഀ anticipate almost half, 45%, of winter visitorsഀ will use either public transport or courtesyഀ vans to visit the micro-brewery. Summer visitorഀ use of these modes will be considerably less,ഀ 17%, due to reduced transit service and greaterഀ availability and reliance on private autosഀ during the summer.ഀ The site is served by two bikeways - a bike laneഀ alongside east bound Frontage Road and a bikeഀ path along the south side of Gore Creek. Anഀ estimated 15% of summer visitors will use theഀ bikeways to either walk or bike to the micro-ഀ brewery. In winter, an estimated 8% of theഀ visitors will be other, as pedestrian or ski-in/ഀ ski-out replaces bicycle as the non-vehicularഀ mode of arrival at the micro-brewery.ഀ 2. Parking Layout and Managementഀ C ...a portion of the parking structure can beഀ cordoned off to serve the daytime needs of theഀ office space. Thirty to forty of the 60 spacesഀ needed for office use could be accessed throughഀ a gate controlled on the lower level of theഀ structure. The remaining office space could beഀ signed for "tenants of Glen Lyon Office only."ഀ During evening hours when the spaces areഀ expected to be needed for micro-brewery guests,ഀ the gate would be lifted for visitor selfഀ parking and assigned areas could be used by carഀ hops as valet spaces. Except for spaces markedഀ as "Two-hour visitor spaces," all of the parkingഀ stalls would be unsigned except for a blanketഀ restriction against day skier or otherഀ unauthorized use.ഀ 3. Summaryഀ Our analysis of the proposed Vail brewery andഀ remodeled Glen Lyon Office space concludes thatഀ a 92 parking space supply will be sufficientഀ 9ഀ for typical peak parking needs. As there are noഀ parking standards for a guest oriented micro-ഀ brewery, our analysis has considered anticipatedഀ employment, visitor capacity and the seasonalഀ variation in visitation and travel by auto inഀ this destination resort community. Designഀ conditions will likely be given by summerഀ holiday periods when employment and visitationഀ will be at capacity and 68% of the visitors areഀ estimated to arrive via a parked car. Publicഀ transit, courtesy vans and walks/bikes wouldഀ account for the remaining visitor modes ofഀ arrival. Peak micro-brewery parking demand willഀ occur between 7:00 and 8:00 PM. Daytime officeഀ use peaks at about 2:00 PM and about 6:00 PMഀ virtually all office spaces would be vacant. Aഀ parking management plan for the requiredഀ structure should be adopted to help ensureഀ adequate parking supply is available to daytimeഀ and evening employees and visitors to the Vailഀ Brewery/Glen Lyon office development and Cascadeഀ Village. With one access drive, parkingഀ management would propose two levels structureഀ should be virtually self monitored, usingഀ conventional gate controls, coded cards andഀ signing." (TDA Report Aug. 10, 1988)ഀ 4. Staff Summary:ഀ Parkingഀ Below is a comparison of how the Town of Vail parking standardsഀ could be applied to this project:ഀ USEഀ Brewery Officeഀ SQUARE FOOTAGEഀ REQRD PARKINGഀ 2.8 spacesഀ 9.6ഀ 40.6ഀ 14.7ഀ 15.5ഀ 1.5ഀ 700 sq ftഀ Office addition to existingഀ Glen Lyon Office 2,400 sq ftഀ Existing Officeഀ Beer Hallഀ Pubഀ Retailഀ 10,150 sq ftഀ 1,774 sq ftഀ 1,858 sq ftഀ 446 sq ftഀ 10ഀ SCENARIO A: East Bldg.ഀ Residential 3,325 sq ft 6.0ഀ Office 2,400 sq ft 9.6ഀ orഀ C SCENARIO B: East Bldg.ഀ Office 5,725 sq ft 22.9ഀ 1 %J UCl1ഀ Scenario A = 101.0 spacesഀ Scenario B = 108.0 spacesഀ According to Town of Vail standards, the project would have anഀ approximate parking calculation of 101 or 108 required parkingഀ spaces. The applicant is providing 108 spaces on site.ഀ The staff agrees with the TDA parking study on theirഀ assumptions about the parking patterns of the users of thisഀ project. TDA states:ഀ "Spaces used by daytime office workers will be used byഀ brewery visitors during the peak evening hours." Inഀ essence, "we believe the nature of this attraction in itsഀ location with easy access to I-70 will generate higherഀ visitor parking demand than the Town's respective standardഀ provides. Conversely, the compatibility of office andഀ micro-brewery uses affords an opportunity to manage theഀ proposed structure parking supply effectively for eachഀ use. " (TDA Parking Report, August 10, 1988, p. 7)ഀ Staff concurs with TDA that the brewery operation is a use thatഀ C cannot be addressed accurately by the present Town of Vailഀ parking standards. We believe the TDA parking study provides aഀ more accurate parking requirement than the Town of Vail parkingഀ standards even though the project meets the Town of Vailഀ requirements. We also agree that it is imperative that aഀ parking management plan be implemented by the owner of theഀ project. The management plan is critical to the effectiveഀ functioning of parking for the project. We cannot support theഀ idea of the potential surplus of 10 to 15 parking spaces in theഀ winter season being used for skier parking. We believe that theഀ brewery would need to be in operation for several years beforeഀ any proposal to allow skier parking on site would beഀ reasonable.ഀ 5. Staff Summaryഀ Loadingഀ Once again, theഀ apply directlyഀ that the breweryഀ dock. The dockഀ The loading areaഀ Cഀ Town of Vail loading standards do notഀ to this proposal. The developer has statedഀ y will include a fully enclosed loadingഀ will accommodate two 22-foot unit trucks.ഀ also includes the spent grain trailer. Aഀ 11ഀ trash compactor is included in a fully enclosed outdoorഀ area. The distributor for the brewery will pick upഀ finished goods in a tractor/trailer at the warehouse. Noഀ tractor/trailers will be permitted at the brewery.ഀ Cഀ Staff believes that this is a very important condition ofഀ approval for the brewery. The Glen Lyon property isഀ totally unable to handle semi deliveries due to the lackഀ of off-site loading and conflicts with the South Frontageഀ Road traffic. Staff would also like to see one additionalഀ loading space in the parking structure to allow forഀ deliveries to the office. We believe that this additionalഀ loading area can be easily accommodated on the top of theഀ parking structure without severely impacting the parking.ഀ D. CONFORMITY WITH APPLICABLE ELEMENTS OF THE VAILഀ COMPREHENSIVE PLAN, TOWN POLICIES AND URBAN DESIGNഀ PLANS.ഀ The following sections of the Town of Vail Land Useഀ Plan relate to this proposal:ഀ General Growth/Developmentഀ 1.1 Vail should continue to grow in a controlledഀ environment, maintaining a balance betweenഀ residential, commercial, and recreational usesഀ to serve both the visitor and the permanentഀ resident.ഀ Skier/Tourist Concernsഀ 2.5 The community should improve nonskierഀ recreational options to improve year-roundഀ tourism.ഀ Commercialഀ 3.4 Commercial growth should be concentrated inഀ existing commercial areas to accommodate bothഀ local and visitor needs.ഀ 3.5 Entertainment oriented businesses and culturalഀ activities should be encouraged in the coreഀ areas.to create diversity. More night-timeഀ businesses, ongoing events and sanctionedഀ "street happenings" should be encouraged.ഀ E. IDENTIFICATION AND MITIGATION OF NATURAL AND/ORഀ GEOLOGIC HAZARDS THAT AFFECT THE PROPERTY UPON WHICHഀ THE SPECIAL DEVELOPMENT DISTRICT IS PROPOSED.ഀ 12ഀ ICJഀ Ahഀ No hazards are present on the Glen Lyon property.ഀ The site is affected by the flood plain. However,ഀ development is not proposed in this area.ഀ The parking structure does encroach by 8 feet intoഀ the 50 foot stream setback. The south side of theഀ lot has several physical constraints which make itഀ difficult to locate the parking structure on theഀ property without encroaching into the 50 foot streamഀ setback. The physical hardships include the narrowഀ shape of the lot, the steep slopes on the south bankഀ of the property, and the mature trees which areഀ located in the general area of the parking structure.ഀ In addition, the staff believes that it is importantഀ to provide a minimum of 4 feet along the northernഀ side of the parking structure to allow forഀ landscaping in front of the structure. Given theseഀ constraints, staff believes that it is veryഀ reasonable to allow the parking structure to encroachഀ 8 feet into the stream setback.ഀ F. SITE PLAN, BUILDING, DESIGN AND LOCATION, AND OPENഀ SPACE PROVISIONS DESIGNED TO PRODUCE A FUNCTIONALഀ DEVELOPMENT RESPONSIBLE AND SENSITIVE TO NATURALഀ FEATURES, VEGETATION, AND OVERALL AESTHETIC QUALITYഀ OF THE COMMUNITY.ഀ Staff's opinion is that the site planning as well asഀ building design and location for the project haveഀ been designed to meet this criteria.ഀ G. A CIRCULATION SYSTEM DESIGNED FOR BOTH VEHICLES ANDഀ PEDESTRIANS ADDRESSING ON- AND OFF-SITE TRAFFICഀ CIRCULATION.ഀ The relocated access point per the ABD circulationഀ plan will improve the traffic circulation in thisഀ area. The drop-off area on the northwest corner ofഀ the building should have no significant negativeഀ impacts on the traffic along the South Frontage Road.ഀ The Highway Department has indicated to the staffഀ that they see no problems with the drop-off area asഀ long as the developer obtains an access permit. CDOHഀ also stated that it is possible that the drop-offഀ would be impacted by the expansion of the Southഀ Frontage Road.ഀ As mentioned before, staff feels that theഀ improvements to the South Frontage Road should beഀ completed as an over-all improvement district for theഀ area as opposed to each property owner making theirഀ own improvements. We do feel that it is importantഀ 13ഀ ~ aഀ Cഀ that the property owner be willing to participate inഀ the project financially according t-6 what financingഀ plan is developed for the project.ഀ In respect to pedestrian access to this site, theഀ relocated bike path will have less slope than theഀ previous bike path. This improvement should make itഀ much easier for cyclists and pedestrians to accessഀ through this area. In addition, a new bus stop isഀ proposed on Colorado Division of Highways property toഀ the west of the Glen Lyon site. The Town of Vailഀ Public Works Department has indicated that they willഀ be able to provide bus service to the stop andഀ maintenance for the structure. The developer will beഀ required to obtain an access permit from the Highwayഀ Department before the structure is built.ഀ Staff believes that the applicant should look at theഀ possibility of relocating the pedestrian path fromഀ the parking structure to the brewery on their ownഀ property. Presently, the path is located on theഀ public right-of-way. It is preferable to locate theഀ path on the Glen Lyon property to avoid two parallelഀ paths. We would also recommend that the applicantഀ include a pedestrian connection from the east end ofഀ the parking structure to the office building.ഀ H. FUNCTIONAL AND AESTHETIC LANDSCAPING AND OPEN SPACEഀ IN ORDER TO OPTIMIZE AND IMPROVE NATURAL FEATURES,ഀ RECREATION, VIEWS AND FUNCTIONS.ഀ The landscape plan indicates significant landscapingഀ for the property. Of primary concern is thatഀ substantial landscaping be planted along the northഀ and south sides of the parking structure. Theഀ orientation of the dining patio toward the creekഀ provides for wonderful views and optimizes theഀ natural features adjacent to the site.ഀ I. PHASING PLAN OR SUBDIVISION PLAN THAT WILL MAINTAIN Aഀ WORKABLE, FUNCTIONAL AND EFFICIENT RELATIONSHIPഀ THROUGHOUT THE DEVELOPMENT OF THE SPECIAL DEVELOPMENTഀ DISTRICT.ഀ The applicant has submitted the following phasingഀ plan for the Glen Lyon property:ഀ Phase I: Expansion And Remodel Of Existing Officeഀ Buildingഀ Parking Structure, Breweryഀ Construction Start: April 1989ഀ Construction Completion: December 1989ഀ 14ഀ 7ഀ nഀ Phase II Addition of East Buildingഀ Construction Start: April 1990ഀ C Construction Completion: December 1990ഀ The staff has no problem with this phasing plan.ഀ IV. ENVIRONMENTAL IMPACT REPORTഀ Please see the conditional use memo for a review of theഀ environmental impact report.ഀ V. STAFF RECOMMENDATIONഀ The staff recommends approval of the proposed amendment toഀ Area D. The project meets all of the design criteria forഀ amendments to Special Development Districts. The projectഀ will be a significant benefit to the community due to theഀ unique mix of uses and high quality design. Our approvalഀ is contingent upon the following conditions being met byഀ the applicant.ഀ The owner shall agree in writing to the followingഀ conditions which shall be recorded by the Town of Vailഀ Clerk at the Eagle County Assessor's Office within 30 daysഀ after the Town Council's final approval of the SDDഀ ordinance. The time period may be extended if approved byഀ Town staff.ഀ C 1. The owner shall agree to construct the bus shelterഀ per Town of Vail standards. The bus shelter will beഀ constructed subsequent to the issuance of a buildingഀ permit and prior to the issuance of a temporaryഀ certificate of occupancy for either the breweryഀ addition, office expansion, east office building, orഀ parking structure.ഀ 2. The owner shall relocate the bike path and provide aഀ bike path easement across the Glen Lyon property andഀ CDOH property. The bike path shall be constructedഀ per Town of Vail standards. The bike path shall beഀ constructed subsequent to the issuance of a buildingഀ permit and prior to the issuance of a temporaryഀ certificate of occupancy for either the breweryഀ addition, office expansion, east office building, orഀ parking structure. Such temporary certificate ofഀ occupancy shall be conditional upon construction ofഀ the bike path provided for herein.ഀ 3. The owner shall provide an employee housing agreementഀ for the two employee housing units in the east officeഀ 15ഀ building. This agreement shall be provided to theഀ Town of Vail before a temporary certificate ofഀ occupancy is released for the two employee housingഀ units or the free market dwelling unit. Theഀ agreement shall include the same provisions asഀ outlined in the employee housing agreement for Areaഀ A.ഀ 4. The parking and access to the property shall beഀ managed per the TDA Parking Report, p. 6-7, Augustഀ 10, 1988 by the owner of the property.ഀ 5. The owner shall underground the electrical utilitiesഀ along the north side of the Glen Lyon property fromഀ the northwest corner of the property to the northeastഀ corner of the property. This utility work shall beഀ constructed subsequent to the issuance of a buildingഀ permit and prior to the issuance of a temporaryഀ certificate of occupancy for the brewery addition,ഀ office expansion, east office building or parkingഀ structure. The undergrounding of the utilities isഀ contingent upon Holy Cross approving the work.ഀ 6. The 20 foot utility easement on the western portionഀ of the property shall be relocated as well asഀ approved by the Town of Vail before a building permitഀ is released for the micro-brewery addition.ഀ 7. The owner of the Glen Lyon Office property shall notഀ file any remonstrance or protest against theഀ C formation of a local improvement district or otherഀ financing mechanism approved by the Vail Town Councilഀ which may be established for the purpose of buildingഀ road improvements to the South Frontage Road.ഀ 8. The owner shall provide a fire hydrant per Town ofഀ Vail Fire Department requirements on the northwestഀ portion of the property. The fire hydrant shall beഀ provided subsequent to the issuance of a buildingഀ permit and prior to the issuance of a temporaryഀ certificate of occupancy for either the breweryഀ addition, office expansion, east office building, orഀ parking structure.ഀ Staff would recommend that the Design Review Board look atഀ the following issues related to this project:ഀ 1. Pedestrian access from the east side of the structureഀ to the east office building should be required.ഀ 2. The pedestrian path from the parking structure to theഀ brewery entry should be located on Glen Lyonഀ property.ഀ 3. One additional loading space should be provided forഀ the main office building in the parking structure.ഀ 16ഀ AV,ഀ I' Iഀ TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: October 24, 1988ഀ SUBJECT: A request for an amendment'to the Arterial Businessഀ zone district to allow micro-breweries as aഀ conditional use.ഀ Applicant: Vail Ventures, Ltd. & Glen Lyon Officeഀ Building, Inc., a Colorado Partnership.ഀ I. REQUESTഀ Vail Ventures, Ltd., and Glen Lyon Office Building, Inc. areഀ requesting to amend the Arterial Business zone district,ഀ Section 18.29 of the Town of Vail Municipal Code, to allowഀ micro-breweries as a conditional use. Two sections of theഀ Arterial Business zone district are proposed to be amended.ഀ The definition of a micro-brewery shall be added to the Town ofഀ Vail Municipal Code's Definition Section as 18.04.253. (Theഀ proposed amendments are typed in all capitals):ഀ Arterial Business Zone Districtഀ Section 18.29.010 Purposeഀ The Arterial Business District is intended to provideഀ sites for office space, public utilities, serviceഀ stations, TOURIST RELATED LIGHT INDUSTRY, and limitedഀ shopping and commercial facilities serving the Townഀ and Upper Eagle Valley residents and guests.ഀ Multiple family dwelling for use as employee housingഀ will be appropriate under specific circumstances.ഀ Arterial Business District is intended to insureഀ adequate light, air, open space, and other amenitiesഀ appropriate to permitted and conditional types ofഀ buildings and uses, and to maintain a convenientഀ (limited) shopping, business, service, andഀ residential environment.ഀ Arterial Business Zone Districtഀ Section 18.29.030 Conditional Uses A.ഀ A. The following conditional uses shall beഀ permitted in the arterial business district,ഀ subject to the issuance of a conditional useഀ permit in accordance with the provisions ofഀ Chapter 18.60:ഀ - 1 -ഀ o •ഀ rഀ Public buildings, grounds and facilitiesഀ Public park and recreation facilitiesഀ Any use permitted by Section 18.29.020 which isഀ not conducted entirely within a buildingഀ Service yardsഀ Public utility and public service uses,ഀ including screened outside storageഀ Multi-family dwellings for the employees of theഀ Upper Eagle Valley as further restricted byഀ Section 18.27.130 of this zone district.ഀ MICRO-BREWERYഀ Definitionsഀ Section 18.04.253ഀ MICRO-BREWERYഀ A MIXED-USE COMMERCIAL OPERATION THAT PROCESSESഀ WATER, MALT, HOPS, AND YEAST INTO BEER OR ALE BYഀ MASHING, COOKING, AND FERMENTING THAT SHALL ALSOഀ INCLUDE AN ON-SITE PUBLIC RESTAURANT AND/OR BAR WHICHഀ SELLS THE BEER PRODUCTS. THE MAXIMUM BREWINGഀ CAPACITY FOR THE MICRO-BREWERY SHALL BE 7,500 BARRELSഀ PER YEAR. A BARREL IS EQUIVALENT TO 31 GALLONS. THEഀ MICRO-BREWERY USE SHALL NOT EXCEED 8,000 SQUARE FEETഀ OF FLOOR AREA, EXCLUDING ENCLOSED AREAS FOR LOADING,ഀ TRASH, AND DELIVERY. THE PUBLIC RESTAURANT AND/ORഀ BAR SHALL HAVE A MINIMUM SEATING AREA OF 2,000 SQUAREഀ FEET AND SHALL BE EXCLUDED FROM THE TOTAL MICRO-ഀ BREWERY MAXIMUM SQUARE FOOTAGE LIMIT.ഀ II. BACKGROUND ON THE PURPOSE OF THE ARTERIAL BUSINESSഀ DISTRICTഀ The Arterial Business district was created in June of 1982.ഀ The Arterial Business district zoning was applied to the sevenഀ properties listed below:ഀ Propertyഀ Vail Associatesഀ Holy Crossഀ Texacoഀ Voliterഀ Approximate Site Areaഀ 139,392 square feetഀ 60,934 square feetഀ 39,204 square feetഀ 43,560 square feetഀ - 2 -ഀ le,ഀ 0ഀ Glen Lyonഀ Chevronഀ Town of Vailഀ eഀ 74,052 square feetഀ 39,204 square feetഀ 43,560 square feetഀ All of the properties that were rezoned to the Arterialഀ Business district in 1982 had had heavy service zoning exceptഀ for the Glen Lyon Office property. The Heavy Service zoneഀ district is intended to provided sites for:ഀ "automotive-oriented usesഀ which are not appropriateഀ Because of the nature of tഀ operating characteristics,ഀ generating automotive andഀ heavy service district areഀ permit procedure." (Townഀ and for commercial service usesഀ in other commercial districts.ഀ he uses permitted and theirഀ appearance, and potential forഀ truck traffic, all uses in theഀ subject to the conditional useഀ of Vail Code Section 18.30.010)ഀ As an example, some of the conditional uses that are allowed inഀ the Heavy Service district include automotive service stations,ഀ machine shops, trucking terminals and truck service stations,ഀ warehouses, woodworking and cabinets shops, building materialsഀ supply stores, and commercial laundry and cleaning services.ഀ After reviewing previous staff memos and the ordinance for theഀ new Arterial Business district, it is evident that the ABDഀ zoning was created to provide an incentive to upgrade thatഀ portion of Vail from the Vail Associates service yard to theഀ Glen Lyon Office Building. This area was considered to be aഀ major entry way for both Lionshead and Cascade Village. Theഀ new ABD zoning was proposed in order to allow for a transitionഀ zone between Lionshead and Cascade Village. Ordinance No. 5,ഀ establishing the ABD zone, statesഀ "because the character of the general area . . . hasഀ changed to make it more appropriate for business andഀ office uses rather than heavy service uses, the Townഀ Council is of the opinion that it would benefit theഀ general welfare and public interest to establish a newഀ arterial business district."ഀ Traffic congestion was a primary concern during the discussionഀ of the new zone district. A circulation and access plan forഀ the ABD area was required in order to alleviate trafficഀ congestion. Also, many of the heavy service uses whichഀ generated high traffic counts were eliminated.ഀ - 3 -ഀ III. BACKGROUND ON MICRO-BREWERIESഀ The staff has completed research on micro-breweries to gain aഀ better understanding of how the use functions and the impactsഀ associated with such a use. The staff looked at the Boulderഀ Brewery, a brewpub ordinance in Denver, and also talked withഀ planners in Seattle. The following summary outlines theഀ information gained from this research.ഀ A. Boulder Breweryഀ The staff visited the Boulder Brewery. In general, micro-ഀ breweries are considered to be breweries that have a maximumഀ capacity of 20,000 barrels per year. A barrel is equivalent toഀ 31 gallons. The Boulder Brewery is considered to be a micro-ഀ brewery as its capacity is 10,000 barrels per year. Theഀ building is approximately 16,000 square feet with the abilityഀ to expand. 46 parking spaces are provided. The micro-breweryഀ also includes a small restaurant of approximately 1,000 squareഀ feet. The brewery requires 30 full-time employees. The beerഀ is distributed throughout the country. Most of the beer isഀ bottled as opposed to kegged. This information was given to usഀ by Mr. Joe Sanchez, who was the developer, and who is now theഀ Chief Executive Officer for the Boulder Brewery.ഀ In respect to zoning, the staff talked with Mr. John Fernandezഀ from the City of Boulder Planning Office. The brewery wasഀ developed by right as the site is located in an industrial zoneഀ district. The surrounding uses are primarily office and lightഀ manufacturing. The project was considered to be a use thatഀ could draw tourists to Boulder. The only Planning Commissionഀ review that was required concerned a height variance for theഀ structure. Covenants were used to address parking. The siteഀ had planned unit development (PUD) requirements forഀ landscaping, access, etc. The PUD requirements are similar toഀ our special development district requirements.ഀ John Fernandez stated that the primary issue with the projectഀ was the restaurant associated with the brewery. In theഀ industrial zone district, restaurants are limited to serve theഀ immediate area. Their was a concern that the restaurant mightഀ draw too many people outside the immediate business area. Johnഀ Fernandez considered the project positive. Not only has theഀ brewery become a tourist attraction, it has also provided aഀ high number of manufacturing/processing jobs in Boulder. Heഀ stated that so far there have been no complaints about theഀ brewery.ഀ Staff also contacted Mr. Frank Gray, who was the Planningഀ Director, at the time the brewery was approved. He consideredഀ - 4 -ഀ 1-1ഀ 1-11ഀ 0ഀ the use to be "fairly innocuous". He stated that the twoഀ biggest concerns he would have in reviewing a micro-breweryഀ would be the amount of truck traffic and loading associatedഀ with the use as well as the tasting room capacity. He feltഀ that the tasting rooms can become a big draw for visitors andഀ that parking should be looked at closely given the numbers ofഀ potential visitors.ഀ The Health Department was also contacted in Boulder. Theyഀ stated that they had not received any complaints about theഀ micro-brewery that they could recall.ഀ B. Denver Brewpubഀ Denver has recently written a new ordinance allowing brewpubs.ഀ There is no limit on brewing capacity. However, no more thanഀ 30% of the product may be sold off the premises. Twentyഀ percent of the gross floor area of the operation can be devotedഀ to the brewing area. The intent of the wording was to insureഀ that the use operated primarily as a "an eating place."ഀ The brewpubs are allowed as a permitted use in the districtsഀ below: (Denver Ordinance No. 542 Series of 1988)ഀ 1. Central Business District. "Permits business/officeഀ and light industrial uses, along with residential andഀ educational uses. .ഀ 2. Business Restoration Zone. "This district isഀ intended to preserve and improve older structuresഀ that are architectually and/or historicallyഀ significant; allows light industrial, general retail,ഀ wholesale services, offices and height densityഀ residential uses. .ഀ 3. Intensive General Business. "Very high densityഀ residential district. This district primarily, forഀ activity centers, provides a concentration ofഀ retailing, personal and business services, as well asഀ residential and cultural uses at a necessaryഀ intensity to efficiently be used by mass transitഀ facilities. . . 11ഀ 4. General Industrial District. "Allows manyഀ manufacturing, warehousing, and wholesalingഀ activities, along with limited retail and serviceഀ uses for the benefit of area employees.ഀ 5. Heavy Industrial District. "Allows allഀ manufacturing, warehousing, wholesaling, and mineralഀ - 5 -ഀ extraction activities. Limited retail and serviceഀ uses for the benefit of area employees.ഀ The ordinance was written specifically to address a request toഀ locate a brewpub in the lower downtown area by Union Station.ഀ The name of the brewpub is the Wyncoop Brewery. The restaurantഀ is in place and the brewery is in the process of being added toഀ the restaurant.ഀ The staff talked with Mr. Merlin Logan at the Department ofഀ Zoning Administration for the City of Denver. He stated thatഀ the staff decided that limiting capacity was not their biggestഀ concern. The impact of trucking was the primary concernഀ related to the proposal. For this reason, they limited theഀ sale of beer off-premises to 30%. The size of the brewery'sഀ operation area has also been limited to 20% of the totalഀ brewpub's square footage, which also limits capacity to a greatഀ extent. This approach is different from the Boulder Brewery inഀ that the emphasis is really on the restaurant operation. Theഀ brewing is considered to be an accessory use to theഀ restaurant.ഀ C. Seattleഀ Under Seattle zoning, a micro-brewery is considered a lightഀ manufacturing use or processing use which has "little or noഀ potential for environmental impacts." (Mr. John Skelton fromഀ the Seattle Department of Construction and Land Use.) 20,000ഀ barrels per year is the capacity limit for a micro-brewery.ഀ Micro-breweries are permitted uses in Neighborhood Commercialഀ II, Neighborhood Commercial III, and Commercial I & II Zoneഀ Districts. Micro-breweries are not allowed in Neighborhoodഀ Commercial I Zone Districts, which are the least intensive ofഀ the commercial zones. The size of the use is limited to 5,000ഀ square feet in the Neighborhood Commercial II Zone District andഀ 10,000 square feet in Neighborhood Commercial III. Inഀ Commercial I and Commercial II zone districts, there are noഀ size limits. In the commercial zones listed above, the otherഀ types of uses that are allowed as permitted or conditional usesഀ include retail sales and services, restaurants, lodging (in theഀ higher intensity commercial zone districts), offices,ഀ entertainment, warehouse, food processing, research andഀ development laboratories, institutions, and residential single-ഀ family and multi-family.ഀ John Skelton from the Construction and Land Use Department,ഀ stated that they had not received any complaints about micro-ഀ breweries and their compatibility with office and residentialഀ uses. The Central Environmental Health Department was alsoഀ contacted. Their opinion was that they had not received anyഀ complaints, to the best of their knowledge.ഀ - 6 -ഀ The two departments expressed the general opinion that theഀ micro-brewery use is compatible with office and other retailഀ uses, and residential. It should be pointed out that theഀ Seattle Zoning Code also has very strict requirements for howഀ these uses are developed on a property. Landscaping, locationഀ of parking, environmental impacts, separation of uses, andഀ traffic are carefully studied for each project. (Please seeഀ attached research on micro-breweries from the Seattle Zoningഀ Department.)ഀ 4. Portlandഀ Portland regulates a brewpub as though it were basically aഀ brewery with an accessory use of a restaurant. The brewpubsഀ are allowed in general commercial and light industrial zonesഀ and are limited to 10,000 square feet of gross floor area. Theഀ restaurant area is not considered part of the 10,000 squareഀ feet. The regulations do not allow objectionable odors to beഀ generated. Portland has seven brewpubs. (This information wasഀ obtained from the Denver Planning Office. The contact personഀ was Peggy Skulnack in Portland.)ഀ Summaryഀ The research indicates that there are various ways to defineഀ micro-breweries. The Boulder Brewery emphasizes off-siteഀ distribution and the brewing process. The restaurantഀ associated with the Boulder Brewery is really only an accessoryഀ use to the primary micro-brewery operation. In respect toഀ Denver, the restaurant use is the primary function of the brewഀ pub. Off-site sales are restricted. In Portland, the City hasഀ taken the opposite tact, and considers a brewpub to really be aഀ brewery with an accessory restaurant. In all cases, it appearsഀ that the environmental impacts of micro-breweries or brewpubs,ഀ such as air and water pollution, can be considered to beഀ minimal or non-existent. However, in discussing micro-ഀ breweries with many people, the biggest concern was the amountഀ of truck traffic generated by the use. The issue of providingഀ adequate enclosed storage, trash, and delivery areas is alsoഀ very important. This was particularly evident when the staffഀ visited the Boulder Brewery. The owner agreed that moreഀ loading and delivery area was necessary for their breweryഀ operation.ഀ Staff believes that the conditional use approach for the micro-ഀ brewery use is appropriate as traffic generation , loading andഀ delivery, trash, storage, and environmental impacts can beഀ studied thoroughly with this review process.ഀ - 7 -ഀ ~ oഀ IV. EVALUATION OF THE ENVIRONMENTAL IMPACT REPORTഀ The applicant has submitted an environmental impact report forഀ the micro-brewery use. The report was completed by RBDഀ Engineering Consultants. RBD has analyzed the potentialഀ impacts from the micro-brewery having a capacity of 7,500ഀ barrels of beer per year. The following paragraphs summarizeഀ the types of potential impacts that were studied in the EIR:ഀ (Please see pages 30,31,35,36, and 44 of the EIR.)ഀ J. Waterഀ Total water required for maximum production per yearഀ would be 1,395,000 gallons or approximately 4.298ഀ acre feet. Of the 1,395,000 gallons, 232,500 gallonsഀ would be consumed as product and the remainingഀ 1,162,000 would be returned to the stream through theഀ sanitary sewer system or, in very small quantities,ഀ be discharged into the atmosphere in the form ofഀ water vapor. Actual consumptive use at maximumഀ production per year will be 232,500 gallons ofഀ product.ഀ In a phone conversation with Fred Haslee from theഀ Upper Eagle Valley Water and Sanitation District onഀ October 21st, he stated that the increased demand forഀ water for the 5,000 versus 7,500 barrel capacity wasഀ insignificant and the UEVWSD was fully capable ofഀ handling these 7,500 barrel capacity brewery. Theഀ district is writing a letter to confirm theirഀ approval.ഀ The Colorado Department of Health requires thatഀ chlorine be added to public water supplies forഀ disinfection and that a residual amount be measurableഀ at the tap of an end user. This chlorine residualഀ must be removed prior to the water entering into theഀ brewing process. Removal of chlorine is a veryഀ simple process and can be accomplished by filteringഀ through charcoal. Ozonation may be desirable afterഀ filtration just to add a little bit more "sparkle"ഀ to the water and further reduce the taste and color.ഀ B. Waste Waterഀ It is proposed that the 1,162,500 gallons per year orഀ 96,875 gallons per month will be required to beഀ treated by the Upper Eagle Valley Consolidatedഀ Sanitation District.ഀ - 8 -ഀ 0 0ഀ I"ഀ The EIR states that the biggest concern is that largeഀ volumes of waste water not be discharged during shortഀ periods of time, especially during peak periods.ഀ 3,875 gallons of waste water will be released duringഀ and after each brewing process. The release is notഀ immediate. 80% of that water is used for clean-upഀ and is released throughout the brewing process andഀ takes approximately four hours. The remaining 20%ഀ comes from the draining of the brewing equipmentഀ itself in approximately 90 minutes. Clean-up waterഀ would then enter the sewage system at the rate ofഀ 12.92 gallons per minute and waste water would enterഀ at 8.61 gallons per minute. Even both dischargesഀ occurring simultaneously would amount to 13.8 gallonsഀ per minute, a rate that could be easily absorbed byഀ the district at any time of day.ഀ The EIR also identifies biological oxygen demand as aഀ second concern related to waste water. BOD is aഀ measurement of the strength of the waste water and,ഀ therefore, a measurement of the magnitude of theഀ treatment prior to releasing back into the stream.ഀ In the Vail area, 250 milligrams of BOD is consideredഀ average strength. Effluent from a micro-brewery isഀ normally less than 250 milligrams per liter and needsഀ no pre-treatment or additional treatment by theഀ district. Even though micro-breweries discharge lessഀ than 250 per liter of BOD, they are normallyഀ classified as an industrial discharger by mostഀ districts and are subject to a monitoring program.ഀ The Upper Eagle Valley Consolidated Sanitationഀ District may want to require a manhole on the breweryഀ sewer service line so that they can sample BOD.ഀ C. Spent Grainsഀ At the end of the brewing process, a solid productഀ consisting primarily of spent grain results. Theseഀ solids are strained or filtered off and de-watered byഀ equipment contained within the brewery. They areഀ collected in a hopper and routinely checked in aഀ vehicle the size of a pick-up and sold for aഀ beneficial use such as cattle feed.ഀ D. Air Emissions/Odorഀ Aഀ ,.f.~ In discussions with various agencies in Boulder whereഀ a micro-brewery exists, there have never beenഀ complaints registered regarding stack emissions.ഀ Odors are similar to those of baking bread because ofഀ - 9 -ഀ o •ഀ tiഀ the malt and are very weak. With the brewery stackഀ designed as an architectural element of the buildingഀ at a height of surrounding ridge lines and care notഀ to begin a brewing process during an identifiedഀ temperature inversion, emissions should goഀ undetected.ഀ E. Loading and Deliveryഀ A micro-brewery has a high demand for loading andഀ delivery. This issue has been discussed under theഀ staff research section of the memo.ഀ F. Noiseഀ The major sources of noise are anticipated to be theഀ bottling phase of the operations and the process ofഀ loading and delivery. The bottling will be totallyഀ enclosed and will not produce external noise. Allഀ loading docks are also enclosed.ഀ G.ഀ EIR Summaryഀ The report states that all information available onഀ micro-breweries "indicates that the process used isഀ totallഀ diffeഀ t thഀ thഀ tഀ fഀ yഀ renഀ anഀ aഀ oഀ a large-scaleഀ industrial brewery. The sounds and smells associatedഀ with an industrial brewery do not exist. Because ofഀ this, the fact that the water and sanitationഀ districts can provide service and the minimalഀ emissions into the atmosphere, the proposed Vailഀ Brewery is totally compatible with the Cascadeഀ Village neighborhood."ഀ V. EVALUATION OF THIS REQUESTഀ A. Suitability of Existing Zoningഀ Staff believes that the Arterial Business district isഀ appropriate for the micro-brewery use. The mixed-useഀ nature of the Arterial Business zone district will beഀ compatible with a micro-brewery. The fact that theഀ micro-brewery is a tourist related, light industrialഀ use generating no significant environmental impactsഀ makes the use acceptable in this zone district. Aഀ tourist-related use is also appropriate as this areaഀ is considered to be a transition zone betweenഀ Lionshead and Cascade Village - two guest-orientedഀ areas of the community. From staff research, it isഀ - 10 -ഀ 0ഀ apparent that a micro-breweryഀ limitations is compatible withഀ residential uses.ഀ 9ഀ use with certainഀ office, retail, andഀ B. Is the Amendment Proposal Presenting a Convenient,ഀ Workable Relationship Among Land Uses Consistent wഀ Municipal Objectives?ഀ The Arterial Business district has very strictഀ standards for landscaping, parking, and access whichഀ will insure that the micro-brewery use is compatibleഀ with the other land uses in the zone district.ഀ It is felt by staff that the conditional use criteriaഀ are adequate to address the impacts associated withഀ the micro-brewery use. Conditional use criteriaഀ include:ഀ 1. Relationship and impact of the use onഀ development objectives of the Town.ഀ 2. Effect of use on the light and air, distributionഀ of population, transportation facilities,ഀ utilities, schools, parks, and recreationഀ facilities, and other public facilities.ഀ 3. Effect upon traffic with particular reference toഀ congestion, automotive and pedestrian safety andഀ convenience, traffic flow and control accessഀ maneuverability, and removal of snow from theഀ streets.ഀ 4. Effect upon the character of the area in whichഀ the proposed use is to be located including theഀ scale and bulk of the proposed use in relationഀ to surrounding uses.ഀ 5. Such other factors and criteria as theഀ Commission deems applicable to the proposedഀ use.ഀ 6. The environmental impact report concerning theഀ proposed use if an environmental impact reportഀ is required.ഀ These criteria will address the primary concernsഀ related to the micro-brewery use which really comeഀ down to parking, and adequate enclosed loading,ഀ trash, and storage areas for the use. Staff alsoഀ believes that each micro-brewery proposal must beഀ required to submit an environmental impact reportഀ - 11 -ഀ 1W Wഀ which will specifically address the environmentalഀ impacts from that particular micro-brewery.ഀ VI.ഀ C.ഀ Does the Amendment Proposal Provide for theഀ an Orderly and V; Ah C'nmmiin +.,7ഀ leഀ iഀ ofഀ The micro-brewery is considered to be a positive useഀ which will benefit the orderly growth and viabilityഀ of the Vail community. The micro-brewery has a greatഀ potential to become a guest attraction which theഀ staff feels is very positive for Vail as we are aഀ resort community. The environmental impact reportഀ has determined that there are no major environmentalഀ impacts from this request which would make itഀ incompatible with the development quality in Vail.ഀ APPLICABLE TOWN OF VAIL DEVELOPMENT POLICIESഀ General Growth/Developmentഀ 1.1 Vail should continue to grow in a controlledഀ environment, maintaining a balance betweenഀ residential, commercial, and recreational uses toഀ serve both the visitor and the permanent resident.ഀ 1.2 The quality of the environment including air, water,ഀ and other natural resources should be protected asഀ the Town grows.ഀ Skier/Tourist Concernsഀ 2.4 The community should improve summer recreational andഀ cultural opportunities to encourage summer tourism.ഀ 2.5 The community should improve non-skier recreationalഀ options to improve year-round tourism.ഀ Commercialഀ 3.4 Commercial growth should be concentrated in existingഀ commercial areas to accommodate both local andഀ visitor needs.ഀ 3.5 Entertainment oriented businesses and culturalഀ activities should be encouraged in the core areas toഀ create diversity. More night time businesses, on-ഀ going events and sanctioned "street happenings"ഀ should be encouraged.ഀ - 12 -ഀ A. rഀ 0ഀ VII. STAFF RECOMMENDATIONSഀ 9ഀ The Community Development Department recommends approval of theഀ request. We believe that the Environmental Impact Report andഀ additional staff research indicate that there are no majorഀ environmental impacts due to the proposed micro-brewery use.ഀ The research does indicate that adequate enclosed loading andഀ delivery as well as trash areas must be reviewed closely on aഀ project by project basis. We believe that the conditional useഀ review will allow for this type of specific analysis.ഀ We also support changing the Purpose Section of the Arterialഀ Business District to allow for tourist related light industrialഀ uses. We feel that it is important to make sure that theഀ Purpose Section of the Arterial Business Zone District isഀ consistent with the permitted uses and conditional uses allowedഀ under the district. The staff considers light industrial usesഀ to have absolutely no noticeable environmental impacts and theഀ fact that the light industrial use must be tourist related willഀ be positive for the community.ഀ 13ഀ 1ഀ TO: Town Councilഀ FROM: Community Development Departmentഀ DATE: June 6, 1989ഀ SUBJECT: A request for major amendments to Special Developmentഀ District No. 4, Cascade Village, Area D in order toഀ void a requirement that utilities be undergrounded, toഀ allow for the relocation of a bus stop, to add aഀ deceleration lane on the South Frontage Road, a minorഀ subdivision, and addition of a stairwell.ഀ Applicant: Glen Lyon Office Buildingഀ I. THE REQUESTഀ The applicant is requesting several amendments to ordinanceഀ No. 40 which was approved in 1988. The amendments concernഀ only Area D, the Glen Lyon office property. Below is theഀ summary of the request:ഀ Undergrounding of utilities:ഀ The developer is requesting to void the conditionഀ which requires that the developer shall undergroundഀ utilities along the South Frontage Road. Sectionഀ 18.46.210 D-3 states:ഀ The developer shall underground theഀ 1 electrical utilities along the northഀ side of the Glen Lyon property from theഀ northwest corner of the property to theഀ ' northeast corner of the property. Thisഀ utility work shall be constructedഀ subsequent to the issuance of aഀ building permit and prior to theഀ issuance of a temporary certificate ofഀ occupancy for the brewery addition,ഀ office expansion, east office building,ഀ or parking structure. Theഀ undergrounding of the utilities isഀ contingent upon Holy cross approvingഀ the work.ഀ B. Bus stop:ഀ The bus stop which was to the west of the Glen Lyonഀ property along the south side of the South Frontageഀ Road is proposed to be relocated to the Porte cochereഀ area (main entrance into the Vail Brewery). Thisഀ requires amending Section 18.46.210 D-1 which states:ഀ The developer shall agree to constructഀ a bus shelter per Town of Vailഀ standards adjacent to Development Areaഀ D. The specific`location for the busഀ shelter shall be mutually agreed to byഀ the Area D owner and/or the developer,ഀ Colorado Division of Highways, and Townഀ of Vail. The bus shelter shall beഀ constructed subsequent to the issuanceഀ of a building permit and prior to theഀ issuance of a temporary certificate ofഀ occupancy for either the breweryഀ addition, office expansion, east officeഀ building, or parking structure.ഀ C. Deceleration lane:.ഀ The Colorado Division of Highways is requiring thatഀ the developer add a 150 foot deceleration lane on theഀ South Frontage Road. The drivers moving east on theഀ South Frontage Road would use this lane to make rightഀ hand turns into the parking structure. Originallyഀ when this proposal was being reviewed by the Planningഀ and Environmental Commission, CDOH indicated that aഀ decelertion lane may be necessary. Once the proposalഀ entered the formal review process at CDOH, their staffഀ required the deceleration lane. (Please see theഀ attached CDOH permit). On April 10, 1989, the PECഀ reviewed this change in a work session. Althoughഀ staff believes this change is a minor amendment, itഀ was felt that it would be helpful to include all ofഀ the changes to the SDD 4 in one memo so the Planningഀ Commission clearly understands the final developmentഀ plan for Area D.ഀ D. Minor Subdivision:ഀ The owner is also requesting a minor subdivision. Theഀ developer states that:ഀ The minor subdivision of the Glen Lyonഀ Office Building site will accommodateഀ three separate owners prior toഀ completion of the project. Onceഀ completed, the entire project could beഀ condominiumized. However, because ofഀ separate financing requirementsഀ demanded by the uniqueness of the Vailഀ Ale Brewery, a subdivided parcel forഀ their specific use and ownership isഀ necessary at this point in time. Theഀ subdivision plat would become part ofഀ the development plan and each parcelഀ would be restricted by the approvedഀ development plan.ഀ E. Stairwell:ഀ This request would allow for a 115 square footഀ addition for an enclosed stairwell on the east end ofഀ the Glen Lyon Office Building.ഀ 0 0ഀ TO: Town Councilഀ FROM: Community Development Departmentഀ DATE: June 6, 1989ഀ SUBJECT: A request for major amendments to Special Developmentഀ District No. 4, Cascade Village, Area D in order toഀ void a requirement that utilities be undergrounded, toഀ allow for the relocation of a bus stop, to add aഀ deceleration lane on the South Frontage Road, a minorഀ subdivision, and addition of a stairwell.ഀ Applicant: Glen Lyon Office Buildingഀ I. THE REQUESTഀ The applicant is requesting several amendments to ordinanceഀ No. 40 which was approved in 1988. The amendments concernഀ only Area D, the Glen Lyon office property. Below is theഀ summary of the request:ഀ A. Undergrounding of utilities:ഀ The developer is requesting to void the conditionഀ which requires that the developer shall undergroundഀ utilities along the South Frontage Road. Sectionഀ 18.46.210 D-3 states:ഀ The developer shall underground theഀ electrical utilities along the northഀ side of the Glen Lyon property from theഀ northwest corner of the property to theഀ northeast corner of the property. Thisഀ utility work shall be constructedഀ subsequent to the issuance of aഀ building permit and prior to theഀ issuance of a temporary certificate ofഀ occupancy for the brewery addition,ഀ office expansion, east office building,ഀ or parking structure. Theഀ undergrounding of the utilities isഀ contingent upon Holy Cross approvingഀ the work.ഀ B. Bus stop:ഀ The bus stop which was to the west of the Glen Lyonഀ property along the south side of the South Frontageഀ Road is proposed to be relocated to the porte cochereഀ area (main entrance into the Vail Brewery). Thisഀ requires amending Section 18.46.210 D-1 which states:ഀ The developer shall agree to constructഀ a bus shelter per Town of Vailഀ standards adjacent to Development Areaഀ D. The specific location for the busഀ oഀ shelter shall be mutually agreed to byഀ the Area D owner and/or the developer,ഀ Colorado Division of Highways, and Townഀ of Vail. The bus shelter shall beഀ constructed subsequent to the issuanceഀ of a building permit and prior to theഀ issuance of a temporary certificate ofഀ occupancy for either the breweryഀ addition, office'expansion, east officeഀ building, or parking structure.ഀ C.ഀ D.ഀ Deceleration lane:ഀ The Colorado Division of Highways is requiring thatഀ the developer add a 150 foot deceleration lane on theഀ South Frontage Road. The drivers moving east on theഀ South Frontage Road would use this lane to make rightഀ hand turns into the parking structure. Originallyഀ when this proposal was being reviewed by the Planningഀ and Environmental Commission, CDOH indicated that aഀ decelertion lane may be necessary. Once the proposalഀ entered the formal review process at CDOH, their staffഀ required the deceleration lane. (Please see theഀ attached CDOH permit). On April 10, 1989, the PECഀ reviewed this change in a work session. Althoughഀ staff believes this change is a minor amendment, itഀ was felt that it would be helpful to include all ofഀ the changes to the SDD 4 in one memo so the Planningഀ Commission clearly understands the final developmentഀ plan for Area D.ഀ Minor Subdivision:ഀ The owner is also requesting a minor subdivision. Theഀ developer states that:ഀ The minor subdivision of the Glen Lyonഀ Office Building site will accommodateഀ three separate owners prior toഀ completion of the project. Onceഀ completed, the entire project could beഀ condominiumized. However, because ofഀ separate financing requirementsഀ demanded by the uniqueness of the Vailഀ Ale Brewery, a subdivided parcel forഀ their specific use and ownership isഀ necessary at this point in time. Theഀ subdivision plat would become part ofഀ the development plan and each parcelഀ would be restricted by the approvedഀ development plan.ഀ E. Stairwell:ഀ This request would allow for a 115 square footഀ addition for an enclosed stairwell on the east end ofഀ the Glen Lyon Office Building.ഀ II. REVIEW CRITERIAഀ A. DESIGN COMPATIBILITY AND SENSITIVITY TO THE IMMEDIATEഀ ENVIRONMENT, NEIGHBORHOOD AND ADJACENT PROPERTIESഀ RELATIVE TO ARCHITECTURAL DESIGN, SCALE, BULK,ഀ BUILDING HEIGHT, BUFFER ZONES, IDENTITY, CHARACTER,ഀ VISUAL INTEGRITY AND ORIENTATION.ഀ 1. Undergroundinq of utilities:ഀ The undergrounding of the utilities has a majorഀ impact on upgrading the appearance of this site.ഀ Staff believes that it is very important thatഀ this condition of approval not be waived. Weഀ believe that it is reasonable to require that theഀ developer underground utilities directly in frontഀ of the Glen Lyon property as other developersഀ have been required to do the same work.ഀ 2. Relocation of bus stop:ഀ The bus stop design has been approved by Publicഀ Works. Staff believes that this is actually aഀ better proposal than the original location asഀ excessive retainage will no longer be necessary.ഀ The bus stop has been incorporated into the porteഀ cochere. A 10 foot lane would be maintained forഀ the general public and a 10 foot lane will beഀ separated by breakaway bollards for the use ofഀ Town of Vail buses. Public Works does not feelഀ that it is necessary to add gates. Signage willഀ be used to indicate that buses enter on the westഀ side of the porte cochere and exit through theഀ east end. Bus service will continue to beഀ provided at the Vail Professional Building forഀ users traveling west. Only bus service goingഀ east will be provided from the porte cochereഀ area. Staff supports the design for the busഀ stop.ഀ 3. Addition of the deceleration lane:ഀ The 12 foot wide, 150 foot long, including a 90ഀ foot taper, deceleration lane has been requiredഀ by CDOH. Staff was hoping that this decelerationഀ lane would not be necessary, however, CDOH hasഀ the right to require this improvement from theഀ developer. In general, the staff believes thatഀ the deceleration lane will maintain the basicഀ intent and character of the SDD and will not haveഀ any major impacts on properties on the north sideഀ of the South Frontage Road.ഀ o nഀ 4. Addition of the stairwell:ഀ This minor expansion will have no significantഀ impact on the overall appearance of the building.ഀ B. USES, ACTIVITY AND DENSITY WHICH PROVIDE A COMPATIBLE,ഀ EFFICIENT AND WORKABLE RELATIONSHIP WITH SURROUNDINGഀ USES AND ACTIVITY.ഀ Not applicable.ഀ C. COMPLIANCE WITH PARKING AND LOADING REQUIREMENTS ASഀ OUTLINED IN SECTION 18.52.ഀ Not applicable.ഀ D. CONFORMITY WITH APPLICABLE ELEMENTS OF THE VAILഀ COMPREHENSIVE PLAN, TOWN POLICIES AND URBAN DESIGNഀ PLANS.ഀ Not applicable.ഀ E. IDENTIFICATION AND MITIGATION OF NATURAL AND/ORഀ GEOLOGIC HAZARDS THAT AFFECT THE PROPERTY UPON WHICHഀ THE SPECIAL DEVELOPMENT DISTRICT IS PROPOSED.ഀ Not applicable.ഀ F. SITE PLAN, BUILDING DESIGN AND LOCATION, AND OPENഀ SPACE PROVISIONS DESIGNED TO PRODUCE A FUNCTIONALഀ DEVELOPMENT RESPONSIVE AND SENSITIVE TO NATURALഀ FEATURES, VEGETATION AND OVERALL AESTHETIC QUALITY OFഀ THE COMMUNITY.ഀ Not applicable.ഀ G. A CIRCULATION SYSTEM DESIGNED FOR BOTH VEHICLES ANDഀ PEDESTRIANS ADDRESSING ON AND OFF SITE TRAFFICഀ CIRCULATION.ഀ 1. Relocation of bus stop:ഀ The new design for the bus stop actually providesഀ a better solution than the previously approvedഀ location. The porte cochere site is much moreഀ accessible for pedestrians.ഀ 2. Addition of the deceleration lane:ഀ The new deceleration lane will still allow forഀ the 8 foot bike path along the south side of theഀ Frontage Road. Staff believes that on and offഀ site traffic circulation will still be functionalഀ and in the case of the bus stop, is definitelyഀ improved.ഀ e oഀ H. FUNCTIONAL AND AESTHETIC LANDSCAPING AND OPEN SPACE INഀ ORDER TO OPTIMIZE AND IMPROVE NATURAL FEATURES,ഀ RECREATION, VIEWS AND FUNCTIONS.ഀ 1. Undergrounding of utilities:ഀ By undergrounding the utilities, the landscapingഀ and open space on the north side of the projectഀ will be enhanced.ഀ 2. Relocation of bus stop:ഀ The planter to the north of the porte cochereഀ will be decreased in size in order to allow forഀ adequate width for the bus lane. The planterഀ will be reduced in width from 10 feet to 5 feet.ഀ This change is not positive, however, most of theഀ landscaping should still be able to be located inഀ this area. Three aspens and 14 alpine currentഀ will be in the planter.ഀ 3. Addition of the deceleration lane:ഀ The developer is still able to place adequateഀ landscaping in front of the parking structureഀ which was a primary concern to the staff andഀ Planning Commission.ഀ I. PHASING PLAN OR SUBDIVISION PLAN THAT WILL MAINTAIN Aഀ WORKABLE, FUNCTIONAL AND EFFICIENT RELATIONSHIPഀ THROUGHOUT THE DEVELOPMENT OF THE SPECIAL DEVELOPMENTഀ DISTRICT.ഀ 1. Minor subdivision:ഀ The development of the project will still beഀ subject to all the conditions of approval andഀ phasing as outlined in Ordnance 40.ഀ III. STAFF RECOMMENDATIONഀ The staff recommends approval of all of the amendmentsഀ except the request to void the requirement that utilitiesഀ be undergrounded. We believe that the developer hasഀ received substantial increases in development potentialഀ through the recent amendments to SDD 4 in 1988-1989.ഀ Increases for commercial square footage ranging from 16,593ഀ square feet to 19,538 square feet were approved in 1988.ഀ This is a 45 percent to 53 percent increase in commercialഀ square footage. The GRFA was increased by 2,624 squareഀ feet over the allowable. These increases were arrived atഀ through a process of negotiation, with the developer andഀ staff as well as the PEC. The undergounding of theഀ utilities was an important trade-off during theseഀ negotiations and should not be voided.ഀ Eഀ At this time, the staff does not have a letter from Holyഀ Cross outlining their position on the undergrounding of theഀ utilities. We had requested this letter as it would helpഀ us to understand the rationale for the high cost ofഀ undergrounding the utilities. If the Planning Commissionഀ decides to remove this requirement, staff would suggestഀ that the developer be required to escrow money for theഀ undergrounding of the utilities when an overall improvementഀ project is initiated by Holy Cross.ഀ In respect to the other amendment requests, staff believesഀ that they meet the review criteria and should be approvedഀ with the following conditions:ഀ 1. The developer shall agree to construct the busഀ lane per Town of Vail standards in the area ofഀ the porte cochere. The specific design for theഀ bus shelter shall be mutually agreed to by theഀ Area D owner and/or the developer, Coloradoഀ Division of Highways, and Town of Vail. The busഀ lane shall be constructed subsequent to theഀ issuance of the building permit and prior to theഀ issuance of a temporary certificate of occupancyഀ for either the brewery addition, officeഀ expansion, east office building, or parkingഀ structure.ഀ AMഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ 4ഀ 3799 HIGHWAY 82 AREA CODEഀ P. O. DRAWER 2150 303ഀ GLENWOOD SPRINGS. COLORADO 81602 945.5491ഀ May 17, 1989ഀ Mr. Frank Freyerഀ Vail Ventures, Ltd.ഀ 1000 South Frontage Road Westഀ Vail, Colorado 81657ഀ RE: Vail Ale Buildingഀ Overhead to Underground Conversion ofഀ Primary Electric Facilitiesഀ Dear Mr. Freyer:ഀ Holy Cross Electric has completed a preliminary cost estimate forഀ the above mentioned conversion. This project would involveഀ replacement of the existing overhead primary electric facilitiesഀ which are adjacent to your northerly lot line with an undergroundഀ system. Such replacement also would necessarily involve Holyഀ Cross facilities located between the easterly end of the Cascadeഀ Village area to a point near the westerly property line of theഀ Vail Sanitation Plant near Forest Road.ഀ Holy Cross Electric estimates that the cost of this conversionഀ will be as follows:ഀ Total estimated cost of conversion (preliminary) $240,000.00ഀ Holy Cross Electric investment based upon annualഀ revenues now being received from consumersഀ within the affected area (177,000.00)ഀ Contribution in aid of constructionഀ (nonrefundable) required before startingഀ work on the project $ 63,000.00ഀ The estimated cost of this project could change once the finalഀ design has been completed.ഀ The above figures do not reflect the individual consumer's costഀ to convert their secondary service or alter an existingഀ underground secondary service to receive service from theഀ Association's nearest pad-mounted transformer. This conversionഀ must be done during the same construction season that the primaryഀ power lines are placed underground.ഀ Holy Cross Electric's overhead primary facilities presently provideഀ electrical service to the immediate area as well as being a mainഀ feeder to the downtown area. With an overhead facility theseഀ services can be combined in one system, whereas an undergroundഀ facility must be divided into separate systems. In this case aഀ three-phase underground feeder, a three-phase distribution and aഀ single-phase distribution must be installed. Each individual systemഀ shall be supplied by its own separate cables.ഀ Should all the affected consumers as well as Vail Aleഀ representatives wish to pursue this project any further, pleaseഀ let us know and we shall prepare the appropriate agreements forഀ execution.ഀ Should you have any further questions, please call me at 949-5892.ഀ Sincerely,ഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ Ted Huskey,ഀ Engineering Service Supervisorഀ TH:rjmഀ CC: HCEA, Vail Officeഀ W/0#89-12079:51-59:Lionshead Circni.t. #3 - Conversionഀ - - _ cr, r,i 1KAP/Ship v I J 0 r ;OLORADO DEPARTMENT OF HIGHWAYS Local Jurisdiction: : rows of Vailഀ Di i 30219ഀ STATE HIGHWAY ACCESS PERMIT DOH Permit No.: 389015ഀ Permit Fee: $75.00ഀ Date of Transmittal: 3-23-89ഀ THE PERMITTEE;ഀ Glen Lyon Office Buildingഀ 1000 South Frontage Road Westഀ Vail, CO 81657ഀ is hereby granted permission to construct and use an access to the state highway at the location noted below.ഀ The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,ഀ including the State Highway Access Code and listed attachments. This permit may be revoked by the issuingഀ authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The useഀ of advance warning and construction signs, flashers, barricades and flaggers are required at all times during accessഀ construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROLഀ DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be heldഀ harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.ഀ LOCATION:ഀ On the south side of State Highway I 70 Frontage Road, a distance of 550ഀ feet east from t•tile Post 174.ഀ ACCESS TO PROVIDE SERVICE TO:ഀ Parking for 16,000 sq.ft. microbrewerv, 16,500 sq.ft. office space,ഀ and 2,000 sq.ft. private residence.ഀ OTHER TERMS AND CONDITIONS:ഀ See Attached Sheet.ഀ MUNICIPALITY OR COUNTY APPROVALഀ Required only when the appropriate local authority retains issuing authority.ഀ By (X) Not Required Date Title,ഀ Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments containedഀ herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days fromഀ initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior toഀ being used. The permittee shall notify Don Hermanഀ with the Colorado Department of Highways In at 845-7347ഀ at least 48 hours prior to commencing construction within the State Highway right-of-way.ഀ The person signing as the permittee must be the owner or legal representative of the property served by the permittedഀ access and have full authority to accept the permit and all it's terms and conditions.ഀ Permittee (X) Dateഀ This permit is not valid until signed by a duly authorized representative of the State Department of Highways.ഀ STATE OF COLORADO, DIVISION OF HIGHWAYSഀ ROBERT L. CLEVENGER, CHIEF ENGINEERഀ By (X) Date Titleഀ (Date of issue)ഀ ..A w.ll nnl hw ,ICPl1ഀ COPY DISTRIBUTION: Required: Make copies as necessary tor; Previous cuuw,o afs 30•_ • - - -ഀ 1. District (Original) Local Authority Inspector OOH Form 101ഀ - _ - 9/65ഀ tഀ PERMIT NO. 389015ഀ 1 Local ordinance requires a construction permit from Town ofഀ Vail.ഀ 2 Driveway shall be constructed 30 feet wide with 50 footഀ radii. Surfacing for driveway approach is required asഀ follows: 12" of class 6 gravel in 2, 6" lifts; 6" of class 6ഀ gravel in 1, 6" liftS.ഀ 3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, orഀ equivalent. The asphalt cement in the HBP shall be AC 10.ഀ 4 Fill/cut slopes shall be at a 6: 1 slope on the roadway andഀ at 6:1 on the access approach.ഀ 5 p.inq other thank rass shall be__p_lante ~itli_in_30ഀ feet of the shoulder of the road. Approach shall beഀ con t r u c e d pe- r plan dated 0ct-. 1-988.ഀ 6 -ffiTfnV*9y widen ng or die FTgHE urn deceleration lane shallഀ be 12 feet wide and 150 feet long, including a 90 footഀ taper.ഀ 7 No drainage from this site shall enter onto the surface ofഀ the highway. All existing drainage structures shall beഀ extended to accommodate all new construction and safetyഀ standards.ഀ 8 Contractor shall follow the applicable constructionഀ specifications set for by the Department of highways in theഀ latest manual Standard Specifications for Road and Bridgeഀ Construction. The property owner is responsible for anyഀ utilities disrupted by the construction of this driveway andഀ all expenses incurred for repair. Any damage to anyഀ existing Highway facilities shall be repaired prior toഀ continuing other work.ഀ 9 Compaction of sub-grade, embankments and backfill shallഀ comply with Section 203.11 of the Division of Highwaysഀ Standard Specifications.ഀ 10 Compaction of Hot Bituminous Pavement (HBP) shall complyഀ with Section 401.17 of the division of Highways Standardഀ Specifications.ഀ 11 If frost is present in the sub-grade, no surfacing materialഀ shall be placed until all frost is gone or removed.ഀ 12 Saw or score asphalt to assure a straight edge for patching.ഀ 13 The first 20 feet beyond the closest highway lane, includingഀ speed change lanes, shall slope down and away from theഀ highway at a 20 grade to ensure proper drainage control.ഀ 14 All excavations on Utility lines, culverts, other trenchesഀ or tunnels shall meet the requirements of Coloradoഀ Department of Highways, OSHA, Colorado Industrial Commissionഀ and the Colorado Division of Mines whichever applies.ഀ 15 The area around the new work shall be well graded to drain,ഀ top soiled, fertilized, mulched and reseeded.ഀ 16 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall beഀ off the roadway BEFORE 3:30 P.M. each day.ഀ OL,ഀ 93ഀ PAGE NO. 1ഀ eഀ Eഀ VAIL TOWN COUNCILഀ WORK SESSIONഀ TUESDAY, JUNE 6, 1989ഀ 2:00 p.m.ഀ AGENDAഀ 1. Eagle Valley Television Translator Committee Updateഀ 2. Discussion of a Request to Underground an Overhead Electrical Lineഀ between the East End of Cascade Village and the West End of the Vailഀ Sanitation Plant (Applicant: Andy Norris)ഀ 3. Discussion of 1989 Street Improvements and Budgetഀ 4. Set Meeting Date for Council/Planning and Environmental Commission/ഀ Design Review Board Joint Meetin to discuss GRFA-related Issues andഀ Vail Village Master Plan ~A~ II fi-' ~1~ഀ 5. A Request to Vacate an Existing Twenty Foot Uti Mit and Drainageഀ Easement and a Request to Create a New Utility and Drainage Easementഀ for Lot 2, Block 5, Bighorn Fifth (Applicant: John Nillson)ഀ 6. Joint Meeting with Avon Town Council and Vail Valley Marketing Boardഀ for Presentation of the Creative Aspect of the 1989 Summer Marketingഀ Planഀ 7. Information Updateഀ 8. Otherഀ ri,oAlTryഀ 9. Executive Session - Legal Mattersഀ ഀ ഀ ഀ O 4ഀ ഀ ഀ ഀ l~k.~ooio~:ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ yea~n~ 5ഀ ഀ ഀ ഀ ഀ 3kഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ ATഀ ഀ Jഀ ഀ ഀ ഀ ഀ ഀ ഀ ഀ 1 r-ഀ ഀ ഀ ഀ ~D kt4 v,~~i oj~ഀ ഀ ഀ ഀ Q 0ഀ ഀ ഀ vwsl 0-6m cpo~ഀ ഀ ഀ ഀ ഀ ഀ ഀ Dmm V6k(Lഀ rഀ GLEN LYON OFFICE BUILDINGഀ ti .ഀ May 31, 1989ഀ Ms. Kristan Pritzഀ Town Plannerഀ Town of Vailഀ 75 So. Frontage Roadഀ Vail, Colorado 81657ഀ Dear Kristan:ഀ Holy Cross Electric Association, Inc., has offered to replace the overhead electricഀ transmission line between the easterly end of Cascade Village and the Vail Sanitation Plantഀ at Forest Road with an underground system. They will not consider undergrounding aഀ smaller segment.ഀ The total length of the project is 2,600 feet. Approximately 1,200 linear feet is onഀ public land (CDOH). The remaining 1,400 linear feet serves private property on both sidesഀ of the South Frontage Road. The Glen Lyon Office Building fronts the Frontage Roadഀ with 750 linear feet. Accordingly, it represents 27% of the private property that theഀ underground will serve. A total of up to eight (8) separate private parcels (including theഀ Town's "Old Town Shop") may be served.ഀ The estimated amount required by Holy Cross to be contributed to the project isഀ $63,000. In addition, each parcel will have to convert their secondary service to accept theഀ underground service. Holy Cross has not provided an estimate of cost for this work,ഀ although it might be expected to range between $2,000 and $5,000 per parcel.ഀ HOLY CROSS ELECTRIC ASSOCIATION,ഀ 3799 HIGHWAY 82ഀ P. O. DRAWER 3150ഀ GLENWOOD SPRINGS, COLORADO 81602ഀ May 17, 1989ഀ Mr. Frank Freyerഀ Vail Ventures, Ltd.ഀ 1000 South Frontage Road Westഀ Vail, Colorado 81657ഀ RE: Vail Ale Buildingഀ Overhead to Underground Conversion ofഀ Primary Electric Facilitiesഀ Dear Mr. Freyer:ഀ INC.ഀ AREA CODEഀ 303ഀ 94S-5491ഀ Holy Cross Electric has completed a preliminary cost estimate forഀ the above mentioned conversion. This project would involveഀ replacement of the existing overhead primary electric facilitiesഀ which are adjacent to your northerly lot line with an undergroundഀ system. Such replacement also would necessarily involve Holyഀ Cross facilities located between the easterly end of the Cascadeഀ Village area to a point near the westerly property line of theഀ Vail Sanitation Plant near Forest Road.ഀ Holy Cross Electric estimates that the cost of this conversionഀ will be as follows:ഀ Total estimated cost of conversion (preliminary) $240,000.00ഀ Holy Cross Electric investment based upon annualഀ revenues now being received from consumersഀ within the affected area (177,000.00)ഀ Contribution in aid of constructionഀ (nonrefundable) required before startingഀ work on the project $ 63,000.00ഀ The estimated cost of this project could change once the finalഀ design has been completed.ഀ The above figures do not reflect the individual consumer's costഀ to convert their secondary service or alter an existingഀ underground secondary service to receive service from theഀ Association's nearest pad-mounted transformer. This conversionഀ must be done during the same construction season that the primaryഀ power lines are placed underground.ഀ Holy Cross Electric's overhead primary facilities presently provideഀ electrical service to the immediate area as well as being a mainഀ feeder to the downtown area. With an overhead facility theseഀ services can be combined in one system, whereas an undergroundഀ facility must be divided into separate systems. In this case aഀ three-phase underground feeder, a three-phase distribution and aഀ single-phase distribution must be installed. Each individual systemഀ shall be supplied by its own separate cables.ഀ Should all the affected consumers as well as Vail Ale .ഀ representatives wish to pursue this project any further, pleaseഀ let us know and we shall prepare the appropriate agreements forഀ execution.ഀ Should you have any further questions, please call me at 949-5892.ഀ Sincerely,ഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ Ted H77uskey,ഀ Engineering Service Supervisorഀ TH:rjmഀ CC: HCEA, Vail Officeഀ W/0#89-12079:51-59:Lionshead Circuit #3 - Conversionഀ REE70 JUN - 2 9b9ഀ June 2, 1989ഀ Mr. Ron Phillipsഀ Town Managerഀ Town of Vailഀ 75 South Frontage Roadഀ Vail, Colorado 81657ഀ Dear Ron:ഀ There is a strong possibility that I will not be in town to attend theഀ public hearing for the Booth Creek Special Improvements District onഀ June 6, 1989. I would, therefore, like to address two very importantഀ points that I feel are critical to the purpose of the District.ഀ First of all, I want to reiterate my support for allocating theഀ improvement cost on a per property owner basis as has been used in yourഀ Notice of the Public Hearing.ഀ The property owners that were active in moving this project forwardഀ addressed this issue early in the process and concluded that thisഀ approach was the most fair considering the purpose for the Improvements.ഀ The purpose is really two-fold. The primary consideration is life\ഀ safety, the second is the removal of the affected properties from theഀ currrent hazzard designation. Since everyone shares in these benefitsഀ equally, the allocation should be equal.ഀ The second important point pertains to the removal of the properties toഀ be included in the Local Improvement District from the current "hazzard"ഀ designation. I had hoped that this issue would be addressed in theഀ Public Hearing Notice since such removal is one of the principal reasonsഀ for the significant expenditure by the affected property owners and theഀ Town of Vail.ഀ During the Public Hearing process, I would like to have the Town Councilഀ acknowledge the following:ഀ That the engineering design contract provides that if the rockfallഀ mitigation devise is built as designed, then they will certify that theഀ rockfall hazzard has been adequately mitigated and,ഀ That upon receipt of such certification (or whatever suchഀ applicable document is called) the Town Council will cause theഀ properties within the Improvement District to be removed from all suchഀ rockfall hazzard designations.ഀ Sincerelyഀ Jack Acuffഀ 3235 Katsos Ranch Roadഀ liIഀ AMഀ w jiuN - 2ഀ ~s ill/ ~~,~adഀ Y.& 7COഀ JirrUayeu~.n, ,``"21093ഀ (Y0/) 560 =1402ഀ - (Y0/) 560 =/769ഀ May 30, 1989ഀ Town Managerഀ 75 South Frontage Roadഀ Vail, CO 81657ഀ Dear Sir:ഀ As owner of Block 1, Lot 2, Unit 1, Marquez Duplex,ഀ Vail Village 12 Filing, I am.writing to express my unqualifiedഀ support for the Town's actions in creating an improvementഀ district for the construction of the Booth Creek berms.ഀ This is more than a matter of property value; it isഀ necessary for life safety.ഀ Since e y,ഀ Iഀ Lyn c anഀ LD/sjbഀ cc: Jack Acuffഀ PROTESTഀ TOWN OF VAIL, COLORADOഀ BOOTH CREEK LOCAL IMPROVEMENT DISTRICTഀ Name(s) of affected parcel owner(s):ഀ kT K ~ e~V~JCzഀ Mailing address of parcel owner(s):ഀ e»c -2- -2- 4`F F~~L a C~jഀ vഀ Address of affected parcel: j o IC L z V t'~ \ Vഀ Legal description of affected parcel: I,,,- LC L L a -7 y cAഀ I`we , the affected parcel owner(s), do hereby wish toഀ protest the creation of the Town of Vail, Colorado, Booth Creekഀ Local Improvement District, and state that I(we) oppose saidഀ district and the inclusion of our parcel in said district.ഀ Signed this day of C7 , 1989.ഀ Parcel Owner(s):ഀ (If signed by an agent or otherഀ authorized person, includeഀ evidence of said authority or agency.ഀ Return this protest to: Town Manager, 75 South Frontage Road,ഀ Vail, Colorado 81657.ഀ y ~ C3 ezഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ 3799 HIGHWAY 82ഀ P. O. DRAWER 2150ഀ GLENWOOD SPRINGS, COLORADO 81602ഀ May 17, 1989ഀ Mr. Frank Freyerഀ Vail Ventures, Ltd.ഀ 1000 South Frontage Road Westഀ Vail, Colorado 81657ഀ RE: Vail Ale Buildingഀ Overhead to Underground Conversion ofഀ Primary Electric Facilitiesഀ Dear Mr. Freyer:ഀ AREA CODEഀ 303ഀ 945-5491ഀ Holy Cross Electric has completed a preliminary cost estimate forഀ the above mentioned conversion. This project would involveഀ replacement of the existing overhead primary electric facilitiesഀ which are adjacent to your northerly lot line with an undergroundഀ system. Such replacement also would necessarily involve Holyഀ Cross facilities located between the easterly end of the Cascadeഀ Village area to a point near the westerly property line of theഀ Vail Sanitation Plant near Forest Road.ഀ Holy Cross Electric estimates that the cost of this conversionഀ will be as follows:ഀ Total estimated cost of conversion (preliminary) $240,000.00ഀ Holy Cross Electric investment based upon annualഀ revenues now being received from consumersഀ within the affected area (177,000.00)ഀ Contribution in aid of constructionഀ (nonrefundable) required before startingഀ work on the project $ 63,000.00ഀ The estimated cost of this project could change once the finalഀ design has been completed.ഀ The above figures do not reflect the individual consumer's costഀ to convert their secondary service or alter an existingഀ underground secondary service to receive service from theഀ Association's nearest pad-mounted transformer. This conversionഀ must be done during the same construction season that the primaryഀ power lines are placed underground.ഀ Holy Cross Electric's overhead primary facilities presently provideഀ electrical service to the immediate area as well as being a mainഀ feeder to the downtown area. With an overhead facility theseഀ services can be combined in one system, whereas an undergroundഀ facility must be divided into separate systems. In this case aഀ three-phase underground feeder, a three-phase distribution and aഀ single-phase distribution must be installed. Each individual systemഀ shall be supplied by its own separate cables.ഀ Should all the affected consumers as well as Vail Aleഀ representatives wish to pursue this project any further, pleaseഀ let us know and we shall prepare the appropriate agreements forഀ execution.ഀ Should you have any further questions, please call me at 949-5892.ഀ Sincerely,ഀ HOLY CROSS ELECTRIC ASSOCIATION, INC.ഀ Ted Huskey,ഀ Engineering Service Supervisorഀ TH:rjmഀ CC: HCEA, 'w ail off,' ::eഀ W/0#89-1.2079.51-59: f.,or sinead? Cirr-ti - Conversionഀ Aഀ a-ഀ -ഀ i 'CO 1/1 ' 1/1 1 % 11 /ഀ Wz I ~ cഀ Q ~ .ഀ ~`D wഀ Z w e~ഀ (n cflഀ CY s \ഀ O OCഀ W~ ~ x .k r I Vഀ u? k IZwഀ F I JQഀ 1:0ഀ Nഀ dഀ f .os Ca / Qഀ Wഀ ZJഀ ~jVഀ LNഀ sഀ I Iഀ 30ഀ Z~ I ?ഀ o3 Iഀ 3 w Iഀ Imo Iഀ iഀ ~ Q Iഀ v IIഀ ~ 9 Iഀ ~ IIഀ S l6° Z T 4'7ഀ " E 116.155'ഀ 0ഀ ~oഀ /isഀ Oഀ Zഀ ~9 Iഀ m0ഀ D pഀ dഀ ~ Iഀ Olഀ o-ഀ 1ഀ ~Iഀ CONVEYANCE OF EASEMENTഀ ANDഀ PARTY WALL AGREEMENTഀ THIS CONVEYANCE OF EASEMENT AND PARTY WALL AGREEMENTഀ is entered into this day ofഀ , 1989 by andഀ between RESORT BREWERIES, INC., a Colorado corporationഀ ("Resort"), and THE GLEN LYON OFFICE BUILDING, a Coloradoഀ general partnership ("Glen Lyon'). Either Resort or Glen Lyonഀ may be referred to herein as "Owner"' and both Resort and Glenഀ Lyon may be referred to herein as the "Owners."ഀ Recitalsഀ A. Resort is the owner of certain real propertyഀ located in Eagle County, Colorado and described on Exhibit Aഀ attached hereto and incorporated herein ("Parcel A").ഀ B. Glen Lyon is the owner of certain real propertyഀ located in Eagle County, Colorado and described on Exhibit Bഀ attached hereto and incorporated herein ("Parcel B"). Eitherഀ Parcel A or Parcel B may be referred to herein as theഀ "Property," and Parcel A and Parcel B are referred toഀ collectively herein as the "Properties."ഀ C. Parcel A and Parcel B are adjacent properties.ഀ D. The buildings located on Parcel A and Parcel B-ഀ share a common wall (the "Party Wall"), the approximateഀ centerline of which is located on the common boundariesഀ between the Properties.ഀ T&ഀ E. The owners desire to enter into this Agreementഀ to provide for the mutual support, repair and maintenance ofഀ the Party Wall.ഀ Agreementഀ IN CONSIDERATION of the recitals and the mutualഀ covenants contained herein, and for other good and valuableഀ consideration, the receipt and sufficiency of which are herebyഀ acknowledged, the owners hereby agree as follows:ഀ 1. Conveyance and Easement. Each Owner herebyഀ sells and conveys to the other owner on the terms andഀ conditions set forth herein, a perpetual, non-exclusiveഀ easement on that portion of the conveying Owner's Propertyഀ upon which the Party Wall is presently located for theഀ purposes of support and maintenance of the Party Wall and theഀ repair or reconstruction of the Party Wall in the event ofഀ damage or destruction to, or obsolescence of, the Party Wall.ഀ TO HAVE AND TO HOLD the easement hereby granted untoഀ the Owners and their heirs, personal representatives,ഀ successors and assigns. The easement hereby granted shall runഀ with the land and shall be appurtenant to the Property of eachഀ owner, such that a transfer of legal title to all or anyഀ portion of the Property of either Owner shall automaticallyഀ transfer a proportionate interest in the easement herebyഀ granted.ഀ -2-ഀ 2. Maintenance, Repair and Reconstruction of theഀ Party Wall.ഀ (a) Each Owner shall be solely responsible forഀ the maintenance of the interior face of the Party Wall locatedഀ on such owner's Property. If, because of damage orഀ destruction to, or the obsolescence of, the Party Wall, oneഀ owner should consider it necessary to repair or reconstructഀ the Party Wall, the owner proposing repair or reconstructionഀ of the Party Wall shall obtain bids from one or moreഀ contractors acceptable to such owner for a fixed priceഀ contract for the performance of the repair or reconstructionഀ of the Party Wall. The Owner proposing repair orഀ reconstruction shall submit any and all bids to the otherഀ owner for the other Owner's review and approval. If the otherഀ owner approves in writing a bid submitted to the Ownerഀ proposing the repair or reconstruction, both Owners shallഀ enter into a fixed price contract with the contractorഀ submitting such bid and the Owners shall equally bear the costഀ of repair or reconstruction of the Party Wall.ഀ (b) If an Owner shall undertake repair orഀ reconstruction of the Party Wall without obtaining theഀ approval of the other owner as required by Section 2(a), theഀ owner undertaking such repair or reconstruction shall bear theഀ total cost of the repair and may not seek contribution fromഀ the other Owner. The Owner undertaking such repair orഀ -3-ഀ reconstruction without the prior written approval of the otherഀ Owner as required by Section 2(a) shall provide the otherഀ owner with written notice of the proposed repair orഀ reconstruction and the names and addresses of the personsഀ supplying labor and materials for the proposed repair orഀ reconstruction at least five days prior to the date ofഀ commencement of such repair or reconstruction so that suchഀ other Owner may take advantage of the provisions of statutesഀ such as Section 38-22-105(2) of Colorado Revised Statutesഀ (1973, as amended), to post notices that such other Owner'sഀ interest shall not be subject to any mechanic's lien arisingഀ from such repair or reconstruction and so that such otherഀ owner may take any further action which such other Owner mayഀ deem to be proper for the protection of such other Owner'sഀ interest. If an Owner shall undertake repair orഀ reconstruction of the Party Wall without obtaining theഀ approval of the other owner as required by Section 2(a) and ifഀ a mechanic's lien should be filed against the Property of suchഀ other Owner, the Owner undertaking such repair orഀ reconstruction shall cause such mechanic's lien to beഀ discharged with respect to such other Owner's Property withinഀ ten days after the owner undertaking such repair orഀ reconstruction shall learn of the existence of such mechanic'sഀ lien. If the Owner undertaking such repair or reconstructionഀ without obtaining the approval of the other Owner as requiredഀ -4-ഀ by Section 2(a) shall fail to discharge a mechanic's lienഀ described in the preceding sentence, the other Owner shall beഀ entitled to discharge such mechanic's lien and the amountഀ required to discharge such mechanic's liens together with theഀ amount of reasonable attorneys' fees and costs plus interestഀ at the rate specified in Section 3(b) from the date ofഀ payment, shall be due upon demand from the owner undertakingഀ such repair or reconstruction.ഀ (c) Notwithstanding the provisions of Sectionsഀ 2(a) and 2(b), if the need to repair or reconstruct the Partyഀ Wall arises because of the negligent or willful act of oneഀ Owner, such Owner shall bear the entire cost of such of suchഀ repair and reconstruction.ഀ 3. Remedies. (a) In the event that an Owner shallഀ fail to comply with any of the provisions of this Agreement,ഀ the other Owner shall have full power and authority to enforceഀ compliance with this Agreement in any manner provided for byഀ law or in equity, including, without limitation, (i) an actionഀ for damages, (ii) an action to enjoin any violation orഀ specifically enforce the provisions of this Agreement andഀ (iii) an action to enforce the liens provided for in Sectionഀ 3(b). In the event the enforcing Owner shall employ anഀ attorney to enforce any provision of this Agreement againstഀ the other Owner, the enforcing owner shall be entitled toഀ recover from such other Owner reasonable attorney's fees andഀ costs in addition to any other amounts provided for herein.ഀ -5-ഀ (b) Each Owner shall have a lien on the otherഀ Owner's interest in such other Owner's Property to: (i) secureഀ the prompt and faithful performance of such other Owner'sഀ obligations under this Agreement, (ii) secure payment of allഀ amounts due from such other Owner pursuant to the provisionsഀ of Sections 2(a), 2(b) or 2(c) together with interest at aഀ floating rate of four percent in excess of the prime rate perഀ annum announced from time to time by United Bank of Denverഀ National Association, or its successor, from the date suchഀ amounts were due and (iii) secure payment of all costs ofഀ collection which may be paid or incurred by the enforcingഀ owner in connection therewith. Such lien shall be prior andഀ superior to all other liens, whether recorded prior to orഀ subsequent to the notice of default and claim of lien exceptഀ the lien for taxes and assessments which, by law, would beഀ superior thereto and except the lien of a valid recordedഀ encumbrance which secures indebtedness and which has priorityഀ over all other encumbrances of the Property in question. Theഀ owner attempting to enforce the lien granted by this Sectionഀ 3(b) may elect to file and record a notice of default andഀ claim of lien in the records of the -it= d- 11 ' } r of Den 'er,ഀ Colorado. Such a notice of default and claim of lien shall beഀ executed and acknowledged by the Owner attempting to enforceഀ the lien granted by this Section 3(b), and shall containഀ substantially the following information:ഀ -6-ഀ (i) The name of the defaulting owner;ഀ (ii) The total amount of the delinquency,ഀ interest thereon, collection costs and reasonable attorney'sഀ fees and costs incurred by the owner attempting to enforce theഀ lien granted by this Section 3(b);ഀ (iii) That the notice of default and claimഀ of lien is made pursuant to this Agreement; andഀ (iv) That a lien is claimed and will beഀ foreclosed against the defaulting owner's interest in suchഀ Owner's Property in an amount equal to the amount stated andഀ additional delinquencies accruing through the date of sale.ഀ The owner shall mail a copy of such notice of default andഀ claim of lien to the defaulting Owner in accordance with theഀ provisions of Section 4(a). Upon recordation of such a noticeഀ of default and claim of lien as set forth above and upon theഀ mailing of a copy thereof as set forth above, the lien claimedഀ therein shall immediately attach and become effective. Anyഀ such lien may be foreclosed in the manner provided by Coloradoഀ law for the foreclosure of mortgages.ഀ (c) To the extent not inconsistent with theഀ provisions of this Agreement, the general rules of lawഀ regarding party walls and of liability for property damage dueഀ to negligence or willful acts or omissions shall apply hereto.ഀ 4. Miscellaneous. (a) All notices and otherഀ communications required or permitted under this Agreementഀ shall be in writing and shall be personally delivered or beഀ -7-ഀ given by registered or certified mail. Any such notice orഀ other communication shall be effective when such notice isഀ delivered to the address of the owners as follows:ഀ If intended for Resort, to:ഀ Resort Breweries, Inc.ഀ c/o Vail Brewery Companyഀ 1000 South Frontage Road, Westഀ Vail, Colorado 81657ഀ Attention: Andrew D. Norris IIIഀ If intended for Glen Lyon, to:ഀ The Glen Lyon Office Buildingഀ acfio~Forri `Rea1-ty -Companyഀ Vail, Colorado 81657ഀ Attention: Willis J. Wrightഀ Either Owner, by notice given as above, may change the addressഀ to which future notices or other communications intended forഀ such Owner shall be sent.ഀ (b) No provision or term of this Agreement mayഀ be amended, modified, revoked, supplemented, waived orഀ otherwise changed except by a written instrument duly executedഀ by the owners and designated as such a change.ഀ (c) This Agreement, constitutes andഀ incorporates the entire agreement between the ownersഀ concerning the subject matter of this Agreement, andഀ supersedes any prior agreements between the owners concerningഀ the subject matter hereof.ഀ (d) As used herein, words in any gender shallഀ be deemed to include the other genders and the singular shallഀ be deemed to include the plural, and vice versa.ഀ -8-ഀ (e) If any provision in this Agreement shall beഀ held invalid, illegal or unenforceable in any jurisdiction,ഀ the validity, legality and enforceability of the remainingഀ provisions of this Agreement shall not be impaired thereby,ഀ nor shall the validity, legality or enforceability of any suchഀ defective provisions be in any way affected or impaired in anyഀ other jurisdiction.ഀ (f) This Agreement shall be binding upon andഀ shall inure to the benefit of the parties and their respectiveഀ heirs, personal representatives, successors and assigns andഀ shall be governed by and construed in accordance with the lawsഀ of the State of Colorado.ഀ EXECUTED as of the date first set forth above.ഀ RESORT BREWERIES, INC., aഀ Colorado corporationഀ By:ഀ (Title)ഀ THE GLEN LYON OFFICE BUILDING, aഀ Colorado general partnershipഀ By: No=,-i Read omrT~ y, aഀ Colorado corporation, asഀ managing general partnerഀ By:ഀ (Title)ഀ -9-ഀ STATE OF COLORADOഀ COUNTY OFഀ ) ss.ഀ The foregoing instrument was acknowledged before meഀ this day of , 1989 by ,ഀ as of RESORT BREWERIES, INC., a Coloradoഀ corporation, on behalf of such corporation.ഀ Witness my hand and official seal.ഀ Notary Publicഀ (NOTARIAL SEAL)ഀ My commission expires:ഀ STATE OF COLORADOഀ ) ss.ഀ COUNTY OFഀ The foregoing instrument was acknowledged before meഀ this day of , 1989 by ,ഀ as of, a Coloradoഀ corporation, as managincf'Wfie al` 1ii11-7 n ior 'T ie Glen Lyonഀ office Building, a Colorado general partnership, on behalf ofഀ such partnership.ഀ Witness my hand and official seal.ഀ Notary Publicഀ (NOTARIAL SEAL)ഀ My commission expires:ഀ -10-ഀ JOINDER OF LENDERഀ The undersigned holder of the indebtedness secured byഀ a Deed of Trust dated and recorded onഀ in Book at page of the recordsഀ of the County of Eagle, State of Colorado, which coversഀ Parcel A as described in the foregoing Agreement, herebyഀ subordinates its interest in such property to the provisionsഀ of the foregoing Agreement.ഀ (SEAL)ഀ Attest:ഀ STATE OF COLORADO )ഀ ) ss.ഀ COUNTY OF )ഀ The foregoing instrument was acknowledged before meഀ this day of , 1989 by ,ഀ as and asഀ of , on behalfഀ of such corporation.ഀ Witness my hand and official seal.ഀ Notary Publicഀ (NOTARIAL SEAL)ഀ My commission expires:ഀ -11-ഀ JOINDER OF LENDERഀ The undersigned holder of the indebtedness secured byഀ a Deed of Trust dated and recorded onഀ in Book at page of the recordsഀ of the County of Eagle, State of Colorado, which coversഀ Parcel B as described in the foregoing Agreement, herebyഀ subordinates its interest in such property to the provisionsഀ of the foregoing Agreement.ഀ (SEAL)ഀ Attest:ഀ STATE OF COLORADO )ഀ )ss.ഀ COUNTY OF )ഀ The foregoing instrument was acknowledged before meഀ this day of 1989 by ,ഀ as and asഀ of , on behalfഀ of such corporation.ഀ Witness my hand and official seal.ഀ Notary Publicഀ (NOTARIAL SEAL)ഀ My commission expires:ഀ -12-ഀ JOINDER OF LENDERഀ The undersigned holder of the indebtedness secured byഀ a Deed of Trust dated and recorded onഀ in Book at page of the recordsഀ of the County of Eagle, State of Colorado, which coversഀ Parcel B as described in the foregoing Agreement, herebyഀ subordinates its interest in such property to the provisionsഀ of the foregoing Agreement.ഀ (SEAL)ഀ Attest:ഀ STATE OF COLORADOഀ COUNTY OFഀ ) ss.ഀ The foregoing instrument was acknowledged before meഀ this day of , 1989 by ,ഀ as and asഀ of on behalfഀ of such corporation.ഀ Witness my hand and official seal.ഀ Notary Publicഀ (NOTARIAL SEAL)ഀ My commission expires:ഀ -13-ഀ EXHIBIT Aഀ (Attached to and forming a part of Conveyanceഀ of Easement and Party Wall Agreement betweenഀ Resort Breweries, Inc. and The Glen Lyon Office Buildingഀ dated , 1989)ഀ LEGAL DESCRIPTION OF PARCEL Aഀ A-1ഀ EXHIBIT Bഀ forming a part of Conveyanceഀ Party Wall Agreement betweenഀ and The Glen Lyon Office Buildingഀ , 1989)ഀ LEGAL DESCRIPTION OF PARCEL Bഀ (Attached to andഀ of Easement andഀ Resort Breweries, Inc.ഀ datedഀ PJRD/DG3ഀ B-1ഀ AGREEMENTഀ OFഀ TENANTS IN COMMONSഀ THIS AGREEMENT OF TENANTS'IN COMMON is entered intoഀ this day of , 1989 by and between RESORTഀ BREWERIES, INC., a Colorado corporation ('Resort"), and THE tq tq4ഀ GLEN LYON OFFICE BUILDING, a Colorado general partnership Wa-111ഀ ("'Glen Lyon"'). Resort and Glen. Lyon are referred to hereinഀ collectively as the "Co-Owners."'ഀ RECITALSഀ A. By general warranty deed of even date herewith,ഀ Glen Lyon has conveyed to Resort an undivided 45 percentഀ interest in and to the real property described on Exhibit A~ഀ attached hereto and made a part hereof, together with theഀ improvements and appurtenances thereto (the "'Property").ഀ B. This Agreement sets for the mutualഀ understandings and agreements of the Co-Owners regarding theirഀ relationship as tenants in common of the Property and theirഀ rights and obligations with respect to the ownership,ഀ 14ഀ operation, management and use of the Property.ഀ AGREEMENT G 0ഀ IN CONSIDERATION of the recitals and the mutualഀ covenants contained herein, and for other good and valuableഀ consideration, the receipt and sufficiency of which are hereby`-`ഀ acknowledged, the Co-Owners hereby agree as follows:ഀ ARTICLE Iഀ DEFINITIONSഀ As used in this Agreement, unless otherwise expresslyഀ provided:ഀ 1.01 Buildincx. 'Buildഀ improvement to be located on theഀ levels of parking structure.ഀ 1.02 Common Elements.ഀ Land and the Building.ഀ 1.03 Common Expenses.ഀ ing' means the buildingഀ Land and to consist of twoഀ "Common Elements' means theഀ 'Common Expenses"' meansഀ (i) all expenses of administering, servicing, conserving,ഀ managing, maintaining, repairing or replacing the Commonഀ Elements; (ii) the insurance.premiums for the insuranceഀ carried pursuant to Section ; (iii) all taxes andഀ assessments relating to the ownership, operation, managementഀ and use of the Property; (iv) all costs, charges and expensesഀ imposed for the provision of gas, electricity, water, light,ഀ heat, power, steam, refrigeration and air conditioning, wasteഀ and sewage or any other utility service to the Property; andഀ (v) all other costs and expenses relating to the ownership,ഀ operation, management and use of the Property.ഀ 1.04 Land. "'Land"' means the real property describedഀ on Exhibit A attached hereto.ഀ 1.05 Sharing Ratio. "Sharing Ratio" of eachഀ Co-Owner means the percentage of the undivided interest inഀ -2-ഀ legal title to the Property held by such Co-Owner. Theഀ Co-Owners' Sharing Ratios shall be as follows:ഀ Co-Owner Sharing Ratioഀ Glen Lyon 55%ഀ Resort 45%ഀ ARTICLE IIഀ TITLE, POSSESSION AND USEഀ 2.01 Ownership. Title to the Property shall be heldഀ in the names of Resort and Glen Lyon as tenants in common, inഀ accordance with their respective undivided interests in theഀ Property. As tenants in common, the Co-Owners shall haveഀ mutual rights of possession and enjoyment of the Property, butഀ such rights shall be limited as set forth herein.ഀ 2.02 Common Elements. Each Co-Owner, withoutഀ hindering, impeding or imposing on the rights of the otherഀ Co-Owner, shall be entitled to use the Common Elements inഀ accordance with the purpose for which they are intended andഀ not otherwise. This mutual right to use shall extend to allഀ agents, employees, servants, licenses and invitees of theഀ Co-Owners (the "Permitted UsersO).ഀ 2.03 Use.ഀ (a) Generally. The Co-Owners shall not use,ഀ suffer or permit any person to use the Property or any portionഀ thereof for any purpose that (i) injures the reputation of theഀ -3-ഀ other Co-Owner; (ii) constitutes a nuisance, interferes with,ഀ annoys or disturbs the other Co-Owner or its Permitted Users;ഀ (iii) violates any federal, state or local law, ordinance orഀ other regulation; or (iv) impairs or threatens the Building,ഀ including without limitation its structural components, itsഀ equipment or its occupants.ഀ (b) Restrictions on Use.ഀ (c) Restrictions on Change of Use. Unless theഀ Co-Owners unanimously agree otherwise, the Common Elementsഀ shall be maintained and used for a two level parking facility.ഀ No change in the interior or exterior design or decoration ofഀ the Building shall be made without the unanimous consent ofഀ the Co-Owners.ഀ (d) Access Hours. The Co-Owners hereby agreeഀ to keep the Common Elements open for use during the followingഀ hours:ഀ ARTICLE IIIഀ ADMINISTRATION AND MANAGEMENT; EXPENSESഀ 3.01 Administration and Management.ഀ -4-ഀ 3.02 Expenses. Except as provided in Section 4.02,ഀ Common Expenses shall be borne by the parties in accordanceഀ with their respective Sharing Ratios.ഀ 3.03 Insurance.ഀ ARTICLE IVഀ MAINTENANCE AND REPAIRS; ALTERATIONS AND IMPROVEMENTSഀ 4.01 The Common Elements. The Common Elements shallഀ be administered, conserved, managed, maintained and replacedഀ by the Co-Owners to insure that they are kept clean, orderlyഀ and in efficient operating condition. The cost of suchഀ responsibilities shall be a Common Expense. The Commonഀ Elements shall not be altered or improved without theഀ unanimous consent of the Co-Owners.ഀ 4.02 Co-Owner Caused Damage. Notwithstanding theഀ foregoing, if damage to the Common Elements is caused by theഀ negligence or intentional act of a Co-Owner and if such damageഀ is not covered by insurance, such Co-Owner shall pay, orഀ reimburse the other Co-Owner for, all costs of repairing suchഀ damage and shall be liable to the other Co-Owner for allഀ additional losses and expenses suffered as a result of suchഀ negligence or intentional act, including without limitationഀ reasonable attorneys' fees.ഀ -5-ഀ ARTICLE Vഀ COMMON EXPENSE COLLECTION AND LIENSഀ 5.01 Failure to Pay Common Expenses. If a Co-Ownerഀ fails to timely and fully pay its share of the Commonഀ Expenses, the other Co-Owner may make such payment on itsഀ behalf. If a Co-Owner makes such payment on behalf of aഀ defaulting Co-Owner, the contributing Co-Owner shall notifyഀ the defaulting Co-Owner of such payment and demand promptഀ payment from the defaulting Co-Owner of the amount paid. Ifഀ the defaulting Co-Owner does not pay the non-defaultingഀ Co-Owner in full within 10 days after such notice is given,ഀ the non-defaulting Co-Owner shall be entitled to the rightsഀ and remedies provided for in Section 5.02.ഀ 5.02 Lien; Remedies. (a) Lien. Each Co-Owner herebyഀ irrevocably grants and conveys to the other Co-Owner, asഀ security for payment of its allocable share of Common Expensesഀ and for performance of all of its obligations under thisഀ Agreement, a lien on the granting Co-Owner's right, title andഀ interest in and to the Property, whether now existing orഀ hereafter arising; on the condition that the beneficiaryഀ Co-Owner shall have no rights under this Section 5.02 untilഀ (i) the granting Co-Owner becomes a defaulting Co-Owner underഀ the terms of this Agreement, and (ii) notice of such defaultഀ has been furnished to the holder of any first mortgage lien onഀ the defaulting Co-Owner's interest in the Property. The grantഀ -6-ഀ of this beneficial interest in a Co-Owner's interest in theഀ Property shall attach from and after the date when any unpaidഀ amounts become due or when any obligation is not timelyഀ performed.ഀ (b) Remedies. If a Co-Owner fails to fully andഀ timely pay the amounts due under Section after demand hasഀ been made for such payment or fails to perform any otherഀ obligation hereunder, such failure shall constitute a defaultഀ and shall entitle the non-defaulting Co-Owner to the followingഀ rights and remedies: (i) to charge simple interest on theഀ amounts due from the expiration of the 10-day notice period atഀ an annual rate of (ii) to commence foreclosureഀ proceedings against the defaulting Co-Owner's interest in theഀ Property; and (iii) to avail itself of all other rights andഀ remedies available at law or in equity. The non-defaultingഀ Co-Owner shall be entitled to purchase the defaultingഀ Co-Owner's interest in the Property at the foreclosure saleഀ and to acquire, lease, hold, mortgage or convey the same. Theഀ defaulting Co-Owner shall remain personally liable for theഀ amount by which the unpaid amounts plus accrued interestഀ thereon plus costs of collection (including attorneys fees andഀ court costs) exceeds the amount realized by the non-defaulting-ഀ Co-owner as a result of its pursuit of any of the foregoingഀ remedies. The remedies set forth herein are cumulative andഀ the exercise of one remedy shall not be construed as a waiverഀ of any other remedy.ഀ -7-ഀ ARTICLE VIഀ MECHANIC'S LIENS AND INDEMNIFICATIONഀ ARTICLE VIIഀ INSURANCEഀ ARTICLE VIIIഀ DAMAGE OR DESTRUCTIONഀ Unless the Co-Owners unanimously agree to sell orഀ otherwise dispose of the Property, the Co-Owners shallഀ promptly cause the Building to be repaired and restored if theഀ Building or any of its Common Elements are damaged orഀ destroyed by any cause whatever. Insurance proceeds shall beഀ applied to the costs of repair and restoration, and anyഀ difference between the insurance proceeds and the costs ofഀ repair and restoration shall be an expense of the Co-Owners,ഀ to be paid by the Co-Owners in accordance with theirഀ respective Sharing Ratios. If a plan for sale or dispositionഀ of the Property is agreed upon by the Co-Owners, the proceedsഀ of insurance and the proceeds of the sale of the Propertyഀ shall be applied in the manner provided for in the plan forഀ sale.ഀ -8-ഀ ARTICLE IXഀ CONDEMNATIONഀ 9.01 Total Taking. If all of the Property shall beഀ taken for any public or quasi-public use, under any statute,ഀ by right of eminent domain or by purchase in lieu thereof, orഀ if all or any material part of the Building shall be so taken,ഀ or if any part of the Land shall be so taken and the partഀ remaining shall be insufficient for purposes of the Co-Owners,ഀ the Co-Owners shall collect the award made in such taking andഀ shall sell the part of the Property remaining after theഀ taking, if any, free and clear of the provisions of thisഀ Agreement. This Agreement shall wholly terminate and expireഀ upon the recording of a notice, executed by both Co-Owners,ഀ stating that the Agreement is terminated. The award and theഀ proceeds of the sale, if any, shall be collected and dividedഀ among the Co-Owners in accordance with their respectiveഀ Sharing Ratios unless the award specifically allocates portionഀ thereof between the Co-Owners, in which event the award andഀ any proceeds of sale shall be collected and divided among theഀ Co-Owners in accordance with the percent allocation set forthഀ in the award.ഀ 9.02 Partial Taking. If such taking shall beഀ partial only and if the remaining part of the Property shallഀ be sufficient for the purposes of both Co-Owners (as suchഀ -9-ഀ purposes were established prior to the taking), the Co-Ownersഀ shall collect the award and shall promptly and without delayഀ cause the balance of the Property not so taken to be restoredഀ as nearly as possible to its condition prior to the taking,ഀ applying the award to that purpose. Any part of the award notഀ required for the restoration shall be distributed to theഀ Co-Owners in accordance to their Sharing Ratios. Anyഀ difference between the award and the costs of repair andഀ restoration shall be an expense of the Co-Owners and shall beഀ paid by the Co-Owners in accordance with their respectiveഀ Sharing Ratios.ഀ 9.03 Condemnation Proceeding. Both Co-Owners shallഀ have the right to contest any condemnation proceeding or toഀ contest the value determination made by the condemningഀ authority. Furthermore each Co-owner shall have the right toഀ petition the condemning authority with respect to itsഀ determination of the allocation of the value of the Propertyഀ between the Co-Owners. The Co-Owners may*join in any of theഀ foregoing actions, in which event they shall share equally inഀ any expenses thereby incurred. If, however, only one Co-Ownerഀ elects to pursue any such actions, such Co-Owner shall bearഀ all of the costs and expenses incurred.ഀ ARTICLE Xഀ OBSOLESCENCEഀ 10.01 Renovation of the Building. If, and only if,ഀ the Co-Owners shall unanimously agree that the Building hasഀ -10-ഀ become obsolete and shall approve a plan for its renovation orഀ restoration, the work of renovation or restoration shall beഀ undertaken and completed in accordance with such plan. Theഀ costs of the work shall be an expense of the Co-Owners asഀ provided in the plan for renovation or restoration.ഀ 10.02 Renovation of Common Elements. If, and onlyഀ if, the Co-Owners shall unanimously agree that any of theഀ improvements constituting Common Elements have become obsoleteഀ and shall approve a plan for their renovation or restoration,ഀ the work of renovation or restoration shall be undertaken andഀ completed in accordance with such plan. The costs of the workഀ shall be an expense of the Co-Owners and shall be paid by theഀ Co-Owners as provided in the plan for renovation orഀ restoration.ഀ ARTICLE XIഀ QUALITY OF WORKഀ Any repairs, renovation or restoration of the Land orഀ the Building by either Co-Owner or by the Representativesഀ shall be done so as to make the Land or the Building afterഀ such work is completed, as close as is reasonably possible toഀ its quality and character as it was immediately before theഀ occurrence requiring the work to be done. Furthermore, allഀ such repairs, renovation or restoration shall be carried outഀ in a good and workmanlike manner and shall be done inഀ compliance with all applicable laws, rules and regulations,ഀ including the rules and regulations of the Representatives.ഀ -11-ഀ ARTICLE XIIഀ AMENDMENT OR REVOCATIONഀ This Agreement may be amended or revoked only uponഀ the unanimous written approval of the Co-Owners.ഀ ARTICLE XIIIഀ COVENANTS RUNNING WITH THE LANDഀ The provisions of this Agreement are intended toഀ touch, concern and burden the Property and, accordingly, shallഀ be considered easements, rights, covenants and restrictionsഀ running with the land and shall be binding upon and run to theഀ benefit of the Co-Owners and their respective successors andഀ assigns. Such easements, rights and covenants shall beഀ superior and prior to any claims, rights or interests of everyഀ kind and character of third parties and to any grant orഀ mortgage by Co-Owners of their respective successors andഀ assigns, and shall be and become binding upon any purchaser orഀ successor of any portion of the Property at any foreclosureഀ sale or judicial sale and shall also be binding upon everyഀ person or party whomsoever who shall at any time own or holdഀ any portion of the Property, howsoever the ownership thereofഀ may be acquired.ഀ ARTICLE XIVഀ TRANSFER OR CONVEYANCEഀ 14.01 Restriction on Transfers.ഀ -12-ഀ 14.02 Permitted Transfers.ഀ ARTICLE XVഀ RIGHT TO PARTITIONഀ Each Co-Owner hereby waives its right to bring anഀ action for partition of the Property.ഀ ARTICLE XVIഀ MISCELLANEOUSഀ 16.01 Name of Buildings. The Co-Owners hereby agreeഀ that the Building shall be identified asഀ 16.02 Notices. All notices required or authorizedഀ under this Agreement shall be in writing and shall beഀ delivered in person or sent by certified or registered mail,ഀ postage prepaid, addressed as followsഀ If to Resort:ഀ Resort Breweries, Inc.ഀ c/o Vail Brewery Companyഀ 1000 South Frontage Road, Westഀ Vail, Colorado 81657ഀ Attention: Andrew D. Norris IIIഀ If to Glen Lyon:ഀ The Glen Lyon Office Buildingഀ c/o Norris Realty Companyഀ P.O. Box 2941ഀ Vail, Colorado 81657ഀ Attention: Willis J. Wrightഀ -13-ഀ Either Co-Owner may from time to time give notice changing theഀ address to which notices should be sent. All notices shall beഀ effective on the date personally delivered or, if mailed, onഀ the date set forth on the receipt of registered or certifiedഀ mail or on the fifth day after mailing, whichever is earlier.ഀ 16.03 Binding Effect. Each and all of the covenants,ഀ terms, provisions and agreements contained in this Agreementഀ shall be binding upon and inure to the benefit of theഀ Co-Owners, and to the extent permitted by this Agreement,ഀ their respective successors and assigns.ഀ 16.04 Severability. If any of the provisions of thisഀ Agreement or any paragraph, sentence, clause, phrase or word,ഀ or the application thereof in any circumstance be invalidated,ഀ such invalidity shall not affect the validity of the remainderഀ of this Agreement, and the application of any such provision,ഀ paragraph, sentence, clause, phrase or word in any otherഀ circumstances shall not be affected thereby.ഀ 16.05 References. References made in this Agreement,ഀ including by use of a pronoun, shall be deemed to includeഀ where applicable masculine, feminine, neuter, singular orഀ plural. As used in this Agreement NpersonO shall mean anyഀ natural person, corporation, partnership, trust, estate orഀ other entity.ഀ -14-ഀ 16.06 Governing Law. This Agreement shall beഀ governed by and construed in accordance with the laws of theഀ State of Colorado.ഀ 16.07 Perpetuities. If any provision of thisഀ Agreement is subject to the rule against perpetuities, thenഀ such provision shall terminate and expire not later than 21ഀ years following the death of the last survivor of the issue ofഀ President George Bush and the now living children of saidഀ issue.ഀ 16.08 Captions and Recitals. The captions of theഀ Articles and Sections of this Agreement are for convenientഀ reference only and shall not be considered or referred to inഀ resolving questions of interpretation of this Agreement. Theഀ Recitals of this Agreement are included as an aid toഀ interpretation of this Agreement but do not themselves create,ഀ limit or define any rights or obligations hereunder.ഀ IN WITNESS WHEREOF, Resort and Glen Lyon have dulyഀ executed this Agreement to be effective on the date first setഀ forth above.ഀ RESORT BREWERIES, INC., aഀ Colorado corporationഀ By:ഀ (Title)ഀ -15-ഀ THE GLEN LYON OFFICE BUILDING, aഀ Colorado general partnershipഀ By: Norris Realty Company, aഀ Colorado corporation, asഀ managing general partnerഀ By:ഀ (Title)ഀ STATE OF COLORADO )ഀ ) ss.ഀ COUNTY OF )ഀ The foregoing instrument was acknowledged before meഀ this day of , 1989 by ,ഀ as of RESORT BREWERIES, INC., a Coloradoഀ corporation, on behalf of such corporation.ഀ Witness my hand and official seal.ഀ (NOTARIAL SEAL)ഀ Notary Publicഀ My commission expires:ഀ STATE OF COLORADOഀ COUNTY OFഀ ) ss.ഀ The foregoing instrument was acknowledged before meഀ this day of , 1989 by ,ഀ as of NORRIS REALTY COMPANY, a Coloradoഀ corporation, as managing general partner of The Glen Lyonഀ Office Building, a Colorado general partnership, on behalf ofഀ such partnership.ഀ Witness my hand and official seal.ഀ (NOTARIAL SEAL)ഀ Notary Publicഀ My commission expires:ഀ P=/ Maഀ -16-ഀ C,ഀ Project Applicationഀ Project Name:ഀ Project Description: ,4-ഀ Contact Person and Phone 1 - a ; .t t,t rഀ Owner, Address and Phone:ഀ Architect, Address and Phone:ഀ Legal Description: Lot , Block , Filingഀ Zoneഀ Comments:ഀ Design Review Boardഀ Date f 1 Ve4ഀ Motion by:ഀ Seconded by: tt >ഀ APPROVAL DISAPPROVALഀ Summary:ഀ `-~L~ / rഀ Date.ഀ I/ own Planഀ i 'Jfഀ ❑ Staff Approvalഀ COLORADO DEPARTMENT OF HIGHWAYSഀ STATE HIGHWAY ACCESS PERMITഀ Glen Lyon Office Buildingഀ 1000 South Frontage Road Westഀ Vail, CO 81657ഀ No/MP/Side: 1 70F/ 174.068 /Fഀ L-ocal Jurisdiction: Town of Vailഀ Dist/Section/Patrol: 30219ഀ DOH Permit No.: 389014ഀ Permit Fee: $75.00ഀ Date of Transmittal: 3-23-89ഀ is hereby granted permission to construct and use an access to the state highway at the location noted below.ഀ The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,ഀ including the State Highway Access Code and listed attachments. This permit may be revoked by the issuingഀ authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The useഀ of advance warning and construction signs, flashers, barricades and flaggers are required at all times during accessഀ construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROLഀ DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be heldഀ harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.ഀ 1 r%,- A T. -ഀ On the south side of State Highway I-70 Frontage Road, a distance of 360ഀ feet east from Mile Post 174.ഀ ACCESS TO PROVIDE SERVICE TO:ഀ ` Microbrewery (16,000 sq.ft.l.ഀ OTHER TERMS AND CONDITIONS:ഀ See Attached Sheet.ഀ MUNICIPALITY OR COUNTY APPROVALഀ Required only when the appropriate local authority retains issuing authority.ഀ By (X) Not Requiredഀ Dateഀ Titleഀ Upon tic styning or this permit the permittee agrees to the terms and conditions and referenced attachments containedഀ herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days fromഀ initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior toഀ being used. The permittee shall notify DQn Hermanഀ with the Colorado Department of Highways in at _ 845-7147ഀ at least 48 hours prior to commencing construction within the State Highway right-of-way. 'ഀ The person signing as the permittee must be the owner or legal representative of the property served by the permittedഀ access and have fuuthority to ac~pf the permit and all it's terms and conditions.ഀ Permittee (X)ഀ Date gഀ This permit is not valid until signed b/IRഀ uthorized representative of the State Department of Highways.ഀ STATE OF CO ORA O, D ISION WAYSഀ ROBERT L. VE E IEF ENBy (X) Date 4-24-89 Title District ROW Engineerഀ (Date of issue)ഀ COPY DISTRIBUTION:ഀ nequirea; Make copies as necessary for;ഀ 1. District (Original) Local Authority Inspectorഀ 2. Applicant MTCE Patrol Traffic Engineerഀ 3. Staff ROWഀ Previous Editions are Obsolete and will not be useഀ DOH Form 1Cഀ WEഀ PERMIT NO. 389014ഀ 0ഀ 1 Local ordinance requires a construction permit from Town ofഀ Vail.ഀ 2 Driveway shall be constructed 30 feet wide with 50 footഀ radii. Surfacing for driveway approach is required asഀ follows: 12" of class 6 gravel in 2, 6" lifts; 6" of class 6ഀ gravel in 1, 6" liftS.ഀ 3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, orഀ equivalent. The asphalt cement in the HBP shall be AC 10.ഀ 4 Fill/cut slopes shall be at a 6: 1 slope on the roadway andഀ at 6:1 on the access approach.ഀ 5 Bus Stop entrance shall be located 150 feet westerly fromഀ approach to Porte Cocher Drive. No landscaping other thanഀ grass shall be planted within 30 feet of the shoulder of theഀ road. Approach shall be construced per plan dated Oct. 18,ഀ 1988.ഀ 6 No drainage from this site shall enter onto the surface ofഀ the highway. All existing drainage structures shall beഀ extended to accommodate all new construction and safetyഀ standards.ഀ 7 Contractor shall follow the applicable constructionഀ specifications set for by the Department of Highways in theഀ latest manual Standard Specifications for Road and Bridgeഀ Construction. The property owner is responsible for anyഀ utilities disrupted by the construction of this driveway andഀ all expenses incurred for repair. Any damage to anyഀ existing Highway facilities shall be repaired prior toഀ continuing other work.ഀ 8 Compaction of sub-grade, embankments and backf_ill shallഀ comply with Section 203.11 of the Division of Highwaysഀ Standard Specifications.ഀ 9 Compaction of Hot Bituminous Pavement (HBP) shall complyഀ with Section 401.17 of the division of Highways Standardഀ Specifications.ഀ 10 If frost is present in the sub-grade, no surfacing materialഀ shall be placed until all frost is gone or removed.ഀ 11 Saw or score asphalt to assure a straight edge for patching.ഀ 12 The first 20 feet beyond the closest highway lane, includingഀ speed change lanes, shall slope down and away from theഀ highway at a 2% grade to ensure proper drainage control.ഀ 13 All excavations on Utility lines, culverts, other trenchesഀ or tunnels shall meet the requirements of Coloradoഀ Department of Highways, OSHA,,Colorado Industrial Commissionഀ and the Colorado Division of Mines whichever applies.ഀ 14 The area around the new work shall be well graded to drain,ഀ top soiled, fertilized, mulched and reseeded.ഀ 15 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall beഀ off the roadway BEFORE 3:30 P.M. each day.ഀ No/MP/Side: 170F/ 1'14.10/Rഀ COLORADO DEPARTMENT OF HIGHWAYS Local Jurisdiction: Town of Vailഀ rol: 19ഀ STATE HIGHWAY ACCESS PERMIT Dist/section/Paഀ 30289015ഀ DOH Permit No..: : 3Permit Fee: $75.00ഀ Date of Transmittal: 3-23-89ഀ THE PERMITTEE;ഀ Glen Lyon Office Buildingഀ 1000 South Frontage Road Westഀ Vail,_CO 81657ഀ is hereby granted permission to construct and use an access to the state highway at the location noted below.ഀ The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,ഀ including the State Highway Access Code and listed attachments. This permit may be revoked by the issuingഀ authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The useഀ of advance warning and construction signs, flashers, barricades and flaggers are required at all times during accessഀ construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROLഀ DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be heldഀ harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.ഀ LOCATION:ഀ On the south side of State Highway I 70 Frontage Road, a distance of 550ഀ feet east from Mile Post 174.ഀ ACCESS TO PROVIDE SERVICE T Jഀ Parking for 16,000 sq.ft. microbrewery,,J6,500 sq.ft. office space,ഀ and 2,000-sq.ft. private residence. -ഀ OTHER TERMS AND CONDITIONS:ഀ See Attached Sheet.ഀ MUNICIPALITY OR COUNTY APPROVALഀ Required only when the appropriate local authority retains issuing authority.ഀ By (X) Not Required Date Titleഀ Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments containedഀ herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days fromഀ initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior toഀ being used. The permittee shall notify Don Herman Iഀ with the Colorado Department of Highways in at 845-7347 iഀ at least 48 hours prior to commencing construction within the State Highway right-of-way.ഀ The person signing as the permittee must be the owner or legal representative of the property served by the permittedഀ access and have full authority T c ept the permit and all it's terms and conditions.ഀ Permittee (X) 0^1i~- p Date gഀ This permit is not valid until signed by a duly authorized representative of the State Department of Highways.ഀ STATE OF OLOR O VISION OFഀ ROBERT LEV CHIEF EN Rഀ By (X) Date 4-24-89 Title District ROW F.n„aineprഀ (Date of issue)ഀ COPY DISTRIBUTION: Requir2o! Make copies as nece;sary for; Previous Editions are Obsolete and will not De useaഀ 1. District (Original) Local Authority ~ Inspector DOH Form 101ഀ 2. Applicant MTCE Patrol Traffic Engineer 9/85ഀ 3. Staff ROWഀ Tഀ 4r__ഀ PERMIT NO. 389015ഀ 1 Local ordinance requires a construction permit from Town ofഀ Vail.ഀ 2 Driveway shall be constructed 30 feet wide with 50 footഀ radii. Surfacing for driveway approach is required asഀ follows: 12" of class 6 gravel in 2, 6" lifts; 6" of class 6ഀ gravel in 1, 6" liftS.ഀ 3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, orഀ equivalent. The asphalt cement in the HBP shall be AC 10.ഀ 4 Fill/cut slopes shall be at a 6: 1 slope on the roadway andഀ at 6:1 on the access approach.ഀ 5 No landscaping other than grass shall be planted within 30ഀ feet of the shoulder of the road. Approach shall beഀ construced per plan dated Oct. 18, 1988.ഀ 6 Highway widening for the right turn deceleration lane shallഀ be 12 feet wide and 150 feet long, including a 90 footഀ taper.ഀ 7 No drainage from this site shall enter onto the surface ofഀ the highway. All existing drainage structures shall beഀ extended to accommodate all new construction and safetyഀ standards.ഀ 8 Contractor shall follow the applicable constructionഀ specifications set for by the Department of Highways in theഀ latest manual Standard Specifications for Road and Bridgeഀ Construction. The property owner is responsible for anyഀ utilities disrupted by the construction of this driveway andഀ all expenses incurred for repair. Any damage to anyഀ existing Highway facilities shall be repaired prior toഀ continuing other work.ഀ 9 Compaction of sub-grade, embankments and backfill shallഀ comply with Section 203.11 of the Division of Highwaysഀ Standard Specifications.ഀ 10 Compaction of Hot Bituminous Pavement (HBP) shall complyഀ with Section 401.17 of the division of Highways Standardഀ Specifications.ഀ 11 If frost is present in the sub-grade, no surfacing materialഀ shall be placed until all frost is gone or removed.ഀ 12 Saw or score asphalt to assure a straight edge for patching.ഀ 13 The first 20 feet beyond the closest highway lane, includingഀ speed change lanes, shall slope down and away from theഀ highway at a 2% grade to ensure proper drainage control.ഀ 14 All excavations on Utility lines, culverts, other trenchesഀ or tunnels shall meet the requirements of Coloradoഀ Department of Highways, OSHA, Colorado Industrial Commissionഀ and the Colorado Division of Mines whichever applies.ഀ 15 The area around the new work shall be well graded to drain,ഀ top soiled, fertilized, mulched and reseeded.ഀ 16 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall beഀ off the roadway BEFORE 3:30 P.M. each day.ഀ town oഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 479-2138ഀ (303) 479-2139ഀ April 14, 1989ഀ Mr. Frank Freyerഀ Vail Ventures, Ltd.ഀ 1000 S. Frontage Road Westഀ Vail, CO 81657ഀ office of community developmentഀ RE: Review of the Glen Lyon Office Remodel, Vail Brewery &ഀ Parking Structure, SDD#4: Preparation for April 19, 1989ഀ Design Review Board Meetingഀ Dear Frank:ഀ Please submit the following information by April 20, 1989 beforeഀ Planners staff on Tuesday morning (before 8:30):ഀ 1. A revised materials lists. The sizes and numbers ofഀ landscape materials have changed since your originalഀ proposal.ഀ 2. Statement of Holy Cross position on undergroundingഀ utilities.ഀ 3. Utility sign-off sheet and vacation of easement.ഀ 4. Revised complete north and south elevations of theഀ project.ഀ 5. Property line on first floor plan.ഀ 6. Design details of gate.ഀ 7. Complete elevations of the parking structure. More detailഀ is needed on panels and openings.ഀ Unresolved issues related to the proposal include:ഀ 1. The general concept for the bus stop must be approved byഀ Public Works. At this time, all they have to review is theഀ landscape plan indicating the bus stop arrangement. Itഀ r;ഀ would be preferable to have drawings from Kent Rose forഀ this review. Rick will talk to Public Works on Monday,ഀ April 17 to get their comments.ഀ 2. All of the SDD #4 conditions that relate to Area D must beഀ agreed in writing by Andy. He will need to acknowledgeഀ that there is a level of risk involved as his proposedഀ amendments may not be approved. In addition, no matterഀ what happens with the requested SDD amendments, it will beഀ necessary that the easement in the area of the proposedഀ brewery be vacated before a building permit will beഀ released. The conditions of SDD #4 must also be recordedഀ at the County per Section 18.46.210. This agreement mustഀ be submitted before building permit is released.ഀ I think it makes sense not to record this agreement untilഀ the amendment process is complete. However, I would likeഀ to have the agreement in hand before the permit isഀ released. I understand that some of the conditions willഀ change if Andy's amendments to the SDD are approved. Afterഀ the amendments have been approved, we can change theഀ original agreement so that all the conditions coincide.ഀ 3. According to our SDD requirements, you are not able toഀ automatically enclose the staircase on the east end of theഀ office building. I would suggest that you list this as aഀ minor amendment to your SDD along with the other amendmentഀ request that will be reviewed on May 8.ഀ If you have any further questions, please contact Rick Pylman atഀ our office. Good luck with your review.ഀ Sincerely,ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ cc: Rick Pylmanഀ Peter Pattenഀ Eഀ E. Development Controlsഀ Areaഀ Acresഀ Original Parcel 15.68ഀ Robbins Parcel 1.23ഀ Cosgriff Parcel 1.045ഀ 1 17.955ഀ F.ഀ TT Qഀ Units GRFAഀ 16 DU/Acre .35ഀ 252.00 256,437ഀ 19.68 18,752ഀ 16.72 15,932ഀ 288.4 291,121ഀ Oplpഀ -Z mഀ N LYON COMMERCIAL SITEഀ r_PPA rnmm _ SCE PT PAPKTNa "ഀ 1. EXISTING OFFICEഀ 101150ഀ 40.6ഀ 2. Glen Lyon Office Mഀ I.ഀ 2,400ഀ 9.6ഀ 3. MICRO-BREWERY*ഀ OFFICEഀ 700ഀ 2.8ഀ BEER HALLഀ 1,774ഀ 14.7ഀ Brew Pubഀ 1,.858ഀ 15.5ഀ Retailഀ 446ഀ 1.5ഀ Brew Houseഀ 6,600ഀ 0ഀ Museumഀ 415ഀ 0ഀ 4.ഀ EAST BUILDINGഀ Scenario 1ഀ 2 Employeeഀ Dwellingsഀ 1695ഀ i 4ഀ 1 Dwellingഀ 1630ഀ 2ഀ OFFICEഀ 2,400ഀ 9.6ഀ ORഀ orഀ Scenario 2ഀ OFFICEഀ 5,725ഀ 22.9ഀ TOTALSഀ Scenario 1 3325 Office 14,950ഀ Brew. 11,793 101ഀ Scenario 2 Office 18,275ഀ Brew. 11,793 108ഀ * Additional square footage is allocated for common area per theഀ development plan.ഀ 16ഀ D. Area D, Glen Lyon Commercial Siteഀ 1. The developer shall agree to construct a bus shelterഀ per Town of Vail standards adjacent to Developmentഀ Area D. The specific location for the bus shelterഀ shall be mutually agreed to by the Area D owner and/orഀ developer, Colorado Division of Highways, and Town ofഀ Vail. The bus shelter shall be constructed subsequentഀ to the issuance of a building permit and prior to theഀ issuance of a temporary certificate of occupancy forഀ either the brewery addition, office expansion, eastഀ office building, or parking structure.ഀ 2. The developer shall relocate the existing bike path onഀ Area D and provide a new bike path easement across theഀ Glen Lyon property and CDOH property per theഀ development plan for Area D. The bike path shall beഀ constructed per Town of Vail standards. The bike pathഀ shall be constructed subsequent to the issuance of aഀ building permit and prior to the issuance of aഀ temporary certificate of occupancy for either theഀ brewery addition, office expansion, east officeഀ building, or parking structure. Such temporaryഀ certificate of occupancies shall be conditional uponഀ construction of the bike path provided for herein.ഀ 3. The developer shall underground the electricalഀ utilities along the north side of the Glen Lyonഀ property from the northwest corner of the property toഀ the northeast corner of the property. This utilityഀ work shall be constructed subsequent to the issuanceഀ of a building permit and prior to the issuance of aഀ temporary certificate of occupancy for the breweryഀ addition, office expansion, east office building, orഀ parking structure. The undergrounding of theഀ utilities is contingent upon Holy Cross approving theഀ work.ഀ 26ഀ r.-Iഀ 4. The developer shall be responsible for relocating theഀ 20 foot utility easement on the western portion ofഀ Development Area D as well as obtaining approval fromഀ the Town of Vail for the relocated utility easementഀ before a building permit is released for the micro-ഀ brewery addition.ഀ 5. The developer of the Glen Lyon Office property shallഀ not file any remonstrance or protest against theഀ formation of a local improvement district or otherഀ financing mechanism approved by the Vail Town Councilഀ which may be established for the purpose of buildingഀ road improvements for the South Frontage Road.ഀ 6. The developer shall provide a fire hydrant per Town ofഀ Vail Fire Department requirements on the northwestഀ portion of the property. The specific location forഀ the fire hydrant shall be approved by the Vail Fireഀ Department. The fire hydrant shall be providedഀ subsequent to the issuance of a building permit andഀ prior to the issuance of a temporary certificate ofഀ occupancy for the brewery addition, office expansion,ഀ east office building, or parking structure.ഀ 7. The conditions for Area D in Sections 18.46.180 D,ഀ 18.46.200 C, F, G, H, I, J, 18.46.210 D, 1-6, andഀ 18.46.220 shall be set forth in restrictive covenantsഀ subject to the approval of the Town Attorney and onceഀ so approved shall be recorded on the land records ofഀ Eagle County. The developer shall be responsible forഀ submitting the written conditions to the Town Attorneyഀ within 30 days after the Town council's final approvalഀ of the SDD ordinance.ഀ 18.46.220 Employee Housingഀ The development of SD4 will have impacts on available employeeഀ housing within the Upper Eagle Valley area. In order to helpഀ meet this additional employee housing need, the developer(s) ofഀ 27ഀ Vഀ Areas A and D shall provide employee housing on site. Theഀ developer(s) of Areas A and D shall build a minimum of 10ഀ employee dwelling units within either Area A Westhavenഀ Condominium building or Area A Westhaven Condominium Buildingഀ and Area D East building. Each employee dwelling unit shallഀ have a minimum square footage of 648 square feet. The GRFA andഀ number of employee units shall not be counted toward allowableഀ density or GRFA for SD4. The GRFA and number of employeeഀ dwelling units shall be restricted as employee dwelling unitsഀ for 20 years plus the life of Tiffany Christine Lowenthal fromഀ the date of final certificate of occupancy for said units. Theഀ employee dwelling unit shall not be leased or rented for anyഀ period of less than 30 consecutive days, and that if rented, itഀ shall be rented only to tenants who are full time employees inഀ the Upper Eagle Valley. The Upper Eagle Valley shall be deemedഀ to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-ഀ Vail, and Avon and their surrounding areas. A full timeഀ employee is a person who works an average of 30 hours per week.ഀ If a unit is sold, it shall be sold only to a full time employeeഀ in the Upper Eagle Valley. The owner shall occupy the unit orഀ lease/rent as per the requirements in this section. Theഀ employee dwelling unit shall not be divided into any form ofഀ timeshares, interval ownership, or fractional fee ownership. Aഀ declaration of covenants and restrictions shall be filed onഀ record in the office of the Eagle County Clerk and Recorder in aഀ form approved. by the Town Attorney for the benefit of the Townഀ to ensure that the restrictions herein shall run with the landഀ before a building permit is released for the construction of theഀ employee units.ഀ 18.46.230 Time Requirementsഀ SD4 shall be governed by the procedures outlined in Sectionഀ 18.40.120 of the Town of Vail Municipal Code.ഀ 28ഀ To ~ഀ rഀ IOWA Dഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 479-2138ഀ (303) 479-2139ഀ April 14, 1989ഀ Mr. Frank Freyerഀ Vail Ventures, Ltd.ഀ 1000 S. Frontage Road Westഀ Vail, CO 81657ഀ office of community developmentഀ RE: Review of the Glen Lyon Office Remodel, Vail Brewery &ഀ Parking Structure, SDD#4: Preparation for April 19, 1989ഀ Design Review Board Meetingഀ Dear Frank:ഀ Please submit the following information by April 20, 1989 beforeഀ Planners staff on Tuesday morning (before 8:30):ഀ 1. A revised materials lists. The sizes and numbers ofഀ landscape materials have changed since your originalഀ proposal.ഀ 2. Statement of Holy Cross position on undergroundingഀ utilities.ഀ 3. Utility sign-off sheet and vacation of easement.ഀ 4. Revised complete north and south elevations of theഀ project.ഀ 5. Property line on first floor plan.ഀ 6. Design details of gate.ഀ 7. Complete elevations of the parking structure. More detailഀ is needed on panels and openings.ഀ Unresolved issues related to the proposal include:ഀ 1. The general concept for the bus stop must be approved byഀ Public Works. At this time, all they have to review is theഀ landscape plan indicating the bus stop arrangement. Itഀ would be preferable to have drawings from Kent Rose forഀ this review. Rick will talk to Public Works on Monday,ഀ April 17 to get their comments.ഀ 2. All of the SDD #4 conditions that relate to Area D must beഀ agreed in writing by Andy. He will need to acknowledgeഀ that there is a level of risk involved as his proposedഀ amendments may not be approved. In addition, no matterഀ what happens with the requested SDD amendments, it will beഀ necessary that the easement in the area of the proposedഀ brewery be vacated before a building permit will beഀ released. The conditions of SDD #4 must also be recordedഀ at the County per Section 18.46.210. This agreement mustഀ be submitted before building permit is released.ഀ I think it makes sense not to record this agreement untilഀ the amendment process is complete. However, I would likeഀ to have the agreement in hand before the permit isഀ released. I understand that some of the conditions willഀ change if Andy's amendments to the SDD are approved. Afterഀ the amendments have been approved, we can change theഀ original agreement so that all the conditions coincide.ഀ 3. According to our SDD requirements, you are not able toഀ automatically enclose the staircase on the east end of theഀ office building. I would suggest that you list this as aഀ minor amendment to your SDD along with the other amendmentഀ request that will be reviewed on May 8.ഀ If you have any further questions, please contact Rick Pylman atഀ our office. Good luck with your review.ഀ Sincerely,ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ cc: Rick Pylmanഀ Peter Pattenഀ Fഀ town oഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 479-2138ഀ (303) 479-2139ഀ April 14, 1989ഀ Mr. Frank Freyerഀ Vail Verctur-sഀ 1000 S. Frontage Road Westഀ Vail, CO 81657ഀ nഀ ഀ office of community developmentഀ RE: Review of the Glen Lyon Office Remodel, Vail Brewery &ഀ Parking Structure, SDD#4: Preparation for April 19, 1989ഀ Design Review Board Meetingഀ Dear Frank:ഀ Please submit the following information by April orb, 1989 beforeഀ Planners staff on Tuesday morning (before 8:30):ഀ 1. A revised materials lists. The sizes and numbers ofഀ A~ ~,yg landscape materials have changed since your originalഀ ay 1 proposal.ഀ 2. Statement of Holy Cross position on undergroundingഀ utilities.ഀ 3 Utility sign-off sheet and vacation of easement.ഀ Yഀ 'V-gerwn 4. Revised complete north and south elevations of theഀ project.ഀ 62,/, j..,_-Ex7operty line on first floor plan.ഀ 0~. 6. Design details of gate.ഀ 7. Complete elevations of the parking structure. More detailഀ is needed on panels and openings.ഀ Unresolved issues related to the proposal include:ഀ 1. The general concept for the bus stop must be approved byഀ (0`tg~ Public Works. At this time, all they have to review is theഀ landscape plan indicating the bus stop arrangement. Itഀ 0ഀ OJഀ would be preferable to have drawings from Kent Rose forഀ this review. Rick will talk to Public Works on Monday,ഀ April 17 to get their comments.ഀ 2.ഀ All of the SDD #4 conditions that relate to Area D must beഀ agreed in writing by Andy. He will need to acknowledgeഀ that there is a level of risk involved as his proposedഀ amendments may not be approved. In addition, no matterഀ what happens with the requested SDD amendments, it will beഀ necessary that the easement in the area of the proposedഀ brewery be vacated before a building permit will beഀ released. The conditions of SDD #4 must also be recordedഀ at the County per Section 18.46.210. This agreement mustഀ be submitted before building permit is released.ഀ I think it makes sense not to record this agreement untilഀ the amendment process is complete. However, I would likeഀ to have the agreement in hand before the permit isഀ released. I understand that some of the conditions willഀ change if Andy's amendments to the SDD are approved. Afterഀ the amendments have been approved, we can change theഀ original agreement so that all the conditions coincide.ഀ 3. According to our SDD requirements, you are not able toഀ automatically enclose the staircase on the east end of theഀ office building. I would suggest that you list this as aഀ minor amendment to your SDD along with the other amendmentഀ request that will be reviewed on May 8.ഀ If you have any further questions, please contact Rick Pylman atഀ our office. Good luck with your review.ഀ Sincerely,ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ cc: Rick Pylmanഀ Peter Pattenഀ ROMAഀ Frank Freyerഀ FROM: Taki Constantinidisഀ ~unJECr: Roof Heightsഀ •ഀ lr(l:iteaure • Interior I)rsr n [chart Ihsi~n l'Lrruunkഀ MEMORANDUMഀ Dx(1:: April 14, 1989ഀ PROJECT: Vail Breweryഀ PROJECT NO: 8800.01ഀ The roof heights have not changed from those indicated on the Heightഀ Study Drawing dated November 22, 1988.ഀ Thank you.ഀ /mcaഀ cc:ഀ 1420 Satter Street • San Franei5C0, California 9 109 • Telepbone 41 S;. 77_>-4) SOഀ R011MAഀ April 11, 1989ഀ VAIL BREWERYഀ FIRST FL 0ഀ Roomഀ Roomഀ Net Floor Areaഀ Numberഀ Nameഀ Square Feetഀ 101ഀ Walk-In Refrigerator #1ഀ 103ഀ Walk-In Refrigerator #2ഀ 402ഀ 102ഀ Fermentation Tankഀ 115ഀ Bottlingഀ 2313ഀ 104ഀ Bar #2ഀ 33ഀ 105ഀ Service Bar (Exterior)ഀ 106ഀ Kitchen #1ഀ 575ഀ 107ഀ Display Cookingഀ 234ഀ 108ഀ Bar #1ഀ 180ഀ 109ഀ Pubഀ 1081ഀ 110ഀ Greenhouseഀ 42ഀ 111ഀ Not Usedഀ 112ഀ Stair #2ഀ 158ഀ 113ഀ loungeഀ 415ഀ 114ഀ Elevator Lobbyഀ 56ഀ 116ഀ Brewhouseഀ 259ഀ 117ഀ Whirlpoolഀ 176ഀ 118ഀ Elevator Lobbyഀ 248ഀ 119ഀ Elevator Machine Roomഀ 153ഀ 120ഀ Stair #1ഀ _1.L55ഀ FIRST FLOOR TOTALഀ 6470ഀ 1ഀ r` sഀ SECOND ELOQRഀ Roomഀ Roomഀ Net Floor Areaഀ Numberഀ amഀ Square Feetഀ 201ഀ Mechanical Room #1ഀ 141ഀ 202ഀ Brewmeister Office/Labഀ 115ഀ 203ഀ General Managerഀ 115ഀ 204ഀ Corridor #1ഀ 62ഀ 205ഀ Controllerഀ 125ഀ 206ഀ Marketing Directorഀ 163ഀ 207ഀ Men's Lockersഀ 110ഀ 208ഀ women's Lockersഀ 84ഀ 209ഀ General Officeഀ 272ഀ 210ഀ Elevator Lobbyഀ 44ഀ 211ഀ Receptionഀ 143ഀ 212ഀ Mechanical #2ഀ 240ഀ 213ഀ Womenഀ 214ഀ Menഀ 530ഀ 215ഀ Elevator Lobbyഀ 75ഀ 216ഀ Museumഀ 415ഀ 217ഀ Stair #2ഀ 158ഀ 218ഀ Millroomഀ 77ഀ 219ഀ Brewery Storage Room #2ഀ 195ഀ 220ഀ Elevator Lobbyഀ 71ഀ 221ഀ Corridor #2ഀ 223ഀ Corridor #3ഀ 239ഀ 222ഀ Brewery Storage Room #1ഀ 328ഀ 224ഀ Electrical Switchgearഀ 159ഀ 225ഀ Stair #1ഀ X45ഀ SECOND FLOORഀ TOTALഀ 4006ഀ 2ഀ THIRD FLOORഀ Roomഀ Roomഀ Net Floor Areaഀ N„Umberഀ Namഀ Square Feetഀ Covered Entry (Exterior)ഀ 253ഀ 301ഀ Beer Hallഀ 302ഀ Platformഀ 2140ഀ 303ഀ Vestibuleഀ 69ഀ 304ഀ Foyerഀ 305ഀ 305ഀ Retailഀ 326ഀ 306ഀ Kitchen #2ഀ 574ഀ 307ഀ Stair #2ഀ 158ഀ 308ഀ Grain Storageഀ 149ഀ 309ഀ Stair #4ഀ 310ഀ Elevator Lobbyഀ 213ഀ 311ഀ Loading Dockഀ 700ഀ 312ഀ Stair #1ഀ 145ഀ 313ഀ Elevator Lobbyഀ 160ഀ 314ഀ Coatsഀ 92ഀ 315ഀ Hopper Roomഀ 77ഀ THIRD FLOOR TOTALഀ 5361ഀ 3ഀ UPPER LEVELLEN LYഀ Roomഀ Roomഀ Net Floor Areaഀ Numberഀ Namഀ Square Feetഀ 316ഀ Stair #1ഀ zaഀ UPPER LEVEL TOTALഀ 78ഀ E ZANIഀ Roomഀ Roomഀ Net Floor Areaഀ NUMberഀ a =ഀ Square Feetഀ 401ഀ Mechanical Roomഀ 700ഀ MEZZANINE TOTALഀ 700ഀ TOTAL FLOOR AREAഀ 16,615ഀ 4ഀ TOTAL P.05ഀ Fഀ `ഀ I -T.(ഀ 1ഀ aAUPഀ v~U nഀ Uioan~- 4D do ~/dwl0m. York.ഀ ~J,~y ~MI~IG~~+ksi- ~LY 00 Iafl{2ഀ iഀ co~l;,gam~ ~a\ 4VfWcuu b~ PEC .ഀ uഀ vഀ ~ O~e9- cup 15ഀ ~nua~~'carvv~lmon~~nm~Nal~(moo.ഀ KL~I;q ~*A ~il~l~w~gda~ഀ 0ഀ TO: Planning and Environmental Commissionഀ FROM: Community Development Departmentഀ DATE: April 10, 1989ഀ SUBJECT: Worksession: Minor Amendment to Special Developmentഀ District #4 Cascade Village: Glen Lyon/Vail Breweryഀ Property Area Dഀ This issue is presented to the PEC as a worksession/informationഀ item and does not require a formal vote by the commissioners.ഀ Recently, Andy Norris received his access permit from theഀ Colorado Division of Highways for improvements to the Frontageഀ Road and access to Glen Lyon property, Area D. The Coloradoഀ Division of Highways is requiring that the developer add a 150'ഀ deceleration lane on the South Frontage Road. Originally whenഀ this proposal was being reviewed by the Planning andഀ Environmental Commission, CDOH indicated that a decelerationഀ lane may be necessary. Once the proposal entered the formalഀ review process at CDOH, their staff required the decelerationഀ lane. (Please see the attached CDOH permit.)ഀ The Community Development Department considers this change toഀ be a minor amendment that may be staff approved. In Sectionഀ 18.40.020 B, a minor amendment is defined as:ഀ "Modifications to building plans, site or landscape plansഀ that do not alter the basic intent and character of theഀ approved special development district, and are consistentഀ with the design criteria of this chapter. Minor amendmentsഀ may include, but not be limited to, variations of not moreഀ than 5 feet to approved setbacks and/or buildingഀ footprints; changes to landscape or site plans that do notഀ adversely impact pedestrian or vehicular circulationഀ throughout the special development district; or changes toഀ gross floor areas (excluding residential uses), of not moreഀ than 5 percent of the approved square footage of retail,ഀ office, common areas and other non-residential floorഀ area."ഀ The staff approves the minor amendment. The developer is stillഀ able to place adequate landscaping in front of the parkingഀ structure which was a primary concern to the staff and Planningഀ Commission. The bike path will also be provided. However, theഀ path decreases in width to 81. Properties on the north side ofഀ the South Frontage Road are not affected by the decelerationഀ lane. Our opinion is that the basic intent and character of theഀ approved Special Development District is not changed in anyഀ major way due to the deceleration lane.ഀ A Oഀ GLEN LYON OFFICE BUILDINGഀ 1000 SOUTH FRONTAGE ROAD, WESTഀ VAIL, COLORADO 81657ഀ April 6, 1989ഀ Ms. Kristin Pritzഀ Senior Plannerഀ Town of Vailഀ 75 South Frontage Roadഀ Vail, Colorado 81657ഀ Dear Kristin:ഀ Glen Lyon Office Building, owners of Lot 54, authorized TDA to prepare a Parkingഀ and Access Study for the proposed Vail Brewery project. The study indicated the demandഀ for approximately 90 parking spaces during peak periods of operation by the brewery (5:30ഀ p.m. - 9:30 p.m.). The demand is to be satisfied by construction of a 100 space parkingഀ structure.ഀ Based upon projected traffic volumes, turning activity and the 25 mph speed limit,ഀ TDA determined that left turn lanes were not warranted by the State Highway Departmentഀ Access Code. On the other hand, the volumes were sufficient to consider a right turnഀ deceleration lane into the parking structure.ഀ The deceleration lane would require moving the South Frontage Road recreationalഀ path at least 12 feet to the south for a length of 150 feet including tapers. This re-alignmentഀ would further reduce the area available for landscaping a CDOH right of way.ഀ Accordingly, both the owner and Town of Vail opposed the deceleration lane.ഀ The CDOH has approved the application for the relocated access to the parkingഀ structure subject to the condition that the deceleration lane be constructed. At this point, itഀ does not appear to be a negotiable issue.ഀ ~41]0ഀ PRITZ, K.ഀ TOWN OF VAILഀ PAGE 2ഀ Eഀ A revised site plan has been prepared by Geodesign and submitted to the Townഀ which includes the deceleration lane. Because the CDOH is not permitting the planting ofഀ any trees or shrubs within 30 feet of the edge of driving surface, the loss of area forഀ planting does not appear significant. The parking structure itself had been moved four feetഀ off the right-of-way and "notches" added to facilitate planting larger material. Also, theഀ grading plan includes berming earth up the sides of the structure to further hide it.ഀ The owners believe the deceleration lane can be accommodated and that theഀ landscaping will achieve the desired results. We believe that this change should beഀ accepted by the Planning and Environmental Commission.ഀ Sincerely,ഀ General Partnerഀ ~i ;OLtJALrU DEPAii l d'vil i -4 1 U - t1l(aif`iviA I v Local ,,urlsulc,ioil: own ,)l pailഀ STATE HIGHWAY ACCESS PERMIT Dist/Section/Patrol: 30219ഀ DOH Permit No.: 389015ഀ Permit Fee: $ 75.00ഀ Date of Transmittal: 3-23-89ഀ THE PERMITTEE;ഀ Glen Lyon Office Buildingഀ 1000 South Frontage Road Westഀ Vail, CO 81657ഀ is hereby granted permission to construct and use an access to the state highway at the location noted below.ഀ The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,ഀ including the State Highway Access Code and listed attachments. This permit may be revoked by the issuingഀ authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The useഀ of advance warning and construction signs, flashers, barricades and flaggers are required at all times during accessഀ construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROLഀ DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be heldഀ harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.ഀ LOCATION:ഀ On the south side of State Highway I 70 Frontage Road, a distance of 550ഀ feet east from Mile Post 174.ഀ ACCESS TO PROVIDE SERVICE TO:ഀ Parking for 16,000 sq.ft. microbrewery, 16,500 sq.ft. office space,ഀ and 2,000 sq.ft. private residence.ഀ OTHER TERMS AND CONDITIONS:ഀ See Attached Sheet.ഀ MUNICIPALITY OR COUNTY APPROVALഀ Required only when the appropriate local authority retains issuing authority.ഀ By (X) Not Required Date Titleഀ Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments containedഀ herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days fromഀ initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior toഀ being used. The permittee shall notify Don Hermanഀ with the Colorado Department of Highways In at 845-7347ഀ at least 48 hours prior to commencing construction within the State Highway right-of-way.ഀ The person signing as the permittee must be the owner or legal representative of the property served by the permittedഀ access and have full authority to accept the permit and all it's terms and conditions.ഀ Permittee (X)ഀ Dateഀ This permit is not valid until signed by a duly authorized representative of the state Department of Highways.ഀ STATE OF COLORADO, DIVISION OF HIGHWAYSഀ ROBERT L. CLEVENGER, CHIEF ENGINEERഀ By (X)ഀ COPY DISTRIBUTION:ഀ Date Titleഀ (Date of Issue)ഀ Required; Make copies as necessary for;ഀ 1. District (Original) Local Authority Inspectorഀ 2. Applicant MTCF Pnlrnl T-M-ഀ Previous Editions are Obsolete and will not be usedഀ DOH Form 101ഀ The following paragraph-ഀ do not alleviate compliance with all seetwiis of the Access t,uae. A copy of the 5i:,e::ഀ rtment of Highways (Department). h was local Issuing authority (local government) or the Slate Depacani, onthet access clef gory, Isഀ Issuing authority made Its decision based In part on Information submitted by the app andഀ standഀ nsion of the permit.ഀ ards assigned to the ordesia approved what alternative access to other by the permit or they ublic roads and streets Isഀ authority may cause thelrevo~cat on or suspendഀ Changes in use 9n not pproeഀ I Appealsഀ 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by theഀ Department, an appeal must be filed with the Colorado Highway Commission within 60 days of transmittal of the permit forഀ permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Highwayഀ Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal andഀ may include recommendations by the permittee or applicant that would be acceptable to him.ഀ 2. The Department may consider any objections and requested revisions at the request of the applicant or permittee. Ifഀ agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permitഀ accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in theഀ original application, proposed design or access use will normally require submittal of a new application.ഀ 3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections toഀ the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must beഀ brought to the Commission within 60 days of transmittal of the permit.ഀ 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authorityഀ (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the localഀ authority.ഀ 5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerkഀ and Recorder.ഀ II Construction standards and requirementsഀ 1. The access must be under construction within one year of the permit date. However, under certain conditions a one yearഀ time extension may be granted if requested in writing prior to permit expiration.ഀ 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. A copy of the permit shallഀ be available for review at the construction site. Inspections will be made during construction.ഀ 3. The access construction within highway right-of-way must be completed within 45 days.ഀ 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions ofഀ the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuingഀ authority and Department and included on the permit. The Department or issuing authority may order a halt to anyഀ unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee hasഀ failed to meet required specifications of design or materials. If any construction element fails within two years due toഀ improper construction or material specifications, the permittee is responsible for all repairs.ഀ 5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securelyഀ braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wireഀ removed are Department property and shall be turned over to a representative of the Department.ഀ 6. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions shall beഀ ordered by the Department or local authority field inspector to meet unanticipated site conditions.ഀ 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shallഀ not interfere with the drainage system in the right-of-way.ഀ 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of aഀ permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, andഀ at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyondഀ that which is allowed in the permit shall be repaired immediately.ഀ 9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniformഀ Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. Thisഀ is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointedഀ agents and employees shall be held harmless against any action for personal injury or property damage sustained byഀ reason of the exercise of the permit.ഀ III Changes in use and violationsഀ 1. If there are changes in the use of the access, the access permit-issuing authority must be notified of the change. A change inഀ property use which makes the existing access design or use in non-conformance with the Access Code or the terms andഀ conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are;ഀ an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn.ഀ The issuing authority will review the original permit; it may decide it is adequate or request that you apply for a new permit.ഀ 2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs.ഀ 3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department mayഀ obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.ഀ IV Further Informationഀ 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing aഀ completed permit application form with the issuing authority. The issuing authority may take action only on the request forഀ improvement. Denial does not revoke the existing access.ഀ 2. The permittee, his heirs, successors-in-interest, and assigns, of the property serviced by the access shall be responsible forഀ meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even thoughഀ deposited on the access in the course of Department snow removal operations. The Department shall maintain inഀ unincorporated areas the highway drainage system, including those culverts under the access which are part of that systemഀ within the right-of-way.ഀ 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee hasഀ returned the permit signed and paid any required fees.ഀ 4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, orഀ redesign the highway including any auxiliary lane.ഀ 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with writtenഀ concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either atഀ the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the propertyഀ which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction orഀ relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall.ഀ _ r~ tho ctnnr1nrris sPt forth in the Access Code.ഀ 0 `ഀ PERMIT NO. 389015ഀ 1 Local ordinance requires a construction permit from Town ofഀ Vail.ഀ 2 Driveway shall be constructed 30 feet wide with 50 footഀ radii. Surfacing for driveway approach is required asഀ follows: 12" of class 6 gravel in 2, 6" lifts; 6" of class tഀ gravel in 1, 6" liftS.ഀ 3 Also 3" of HBP in 2, 1.50" lifts of grade E, EX, orഀ equivalent. The asphalt cement in the HBP shall be AC 10.ഀ 4 Fill/cut slopes shall be at a 6: 1 slope on the roadway andഀ at 6:1 on the access approach.ഀ 5 No landscaping other than grass shall be planted within 30ഀ feet of the shoulder of the road. Approach shall beഀ construced per plan dated Oct. 18, 1988.ഀ 6 Highway widening for the right turn deceleration lane shallഀ be 12 feet wide and 150 feet long, including a 90 footഀ taper.ഀ 7 No drainage from this site shall enter onto the surface ofഀ the highway. All existing drainage structures shall beഀ extended to accommodate all new construction and safetyഀ standards.ഀ 8 Contractor shall follow the applicable constructionഀ specifications set for by the Department of Highways in theഀ latest manual Standard Specifications for Road and Bridgeഀ Construction. The property owner is responsible for anyഀ utilities disrupted by the construction of this driveway andഀ all expenses incurred for repair. Any damage to anyഀ existing Highway facilities shall be repaired prior toഀ continuing other work.ഀ 9 Compaction of sub-grade, embankments and backfill shallഀ comply with Section 203.11 of the Division of Highwaysഀ Standard Specifications.ഀ 10 Compaction of Hot Bituminous Pavement (HBP) shall complyഀ with Section 401.17 of the division of Highways Standardഀ Specifications.ഀ 11 If frost is present in the sub-grade, no surfacing materialഀ shall be placed until all frost is gone or removed.ഀ 12 Saw or score asphalt to assure a straight edge for patching.ഀ 13 The first 20 feet beyond the closest highway lane, includingഀ speed change lanes, shall slope down and away from theഀ highway at a 20 grade to ensure proper drainage control.ഀ 14 All excavations on Utility lines, culverts, other trenchesഀ or tunnels shall meet the requirements of Coloradoഀ Department of Highways, OSHA, Colorado Industrial Commissionഀ and the Colorado Division of Mines whichever applies.ഀ 15 The area around the new work shall be well graded to drain,ഀ top soiled, fertilized, mulched and reseeded.ഀ 16 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall beഀ off the roadway BEFORE 3:30 P.M. each day.ഀ PAGE NO. 1ഀ 1ഀ Vail Brewery Companyഀ ■ 1000 South Frontage Road, Westഀ Vail, Colorado 81657ഀ AN AZAഀ 303 476.0838ഀ Town of Vailഀ 75 So. Frontage Rd.ഀ Vail, Colo. 81657ഀ Attn: Kristan Pritzഀ April 10, 1989ഀ Re: Glen Lyon Office Remodel, Vail Brewery, and Parking Structure,ഀ SDD4; Design Review Boardഀ Dear Kristan,ഀ In response to your letter of April 4th:ഀ Design Review Board Comments:ഀ 1. Indicated on revised drawing by B.A.N.G.ഀ 2. N/Aഀ 3. Lodgepole pines changed to White Furഀ 4. Birch have been retained as we will be irrigating otherഀ plant material as wellഀ 5. Concrete swale would be nice but is too expensiveഀ 6. Seeding regirements have been noted on new planഀ 7. Shrubs have been added on new planഀ 8. Additional materials have been added on new planഀ 9. We are not sure but will try to obtain approval of CDOHഀ 10. Not needed based on revised planഀ 11. Dormers are not included on current planഀ 12. The signage program will be submitted at a later dateഀ 13. Site lighting locations are indicated on the landscapeഀ plan and cut sheets for the top level of the parkingഀ structure are enclosedഀ 14. The roof deck that screens the vents is being studiedഀ 15. Plant material sizes have been mixed and increased asഀ shown on new planഀ 16. See 15ഀ 17. Trees have been added on new planഀ 18. Bike and ski racks have been addedഀ 19. Bus stop deleted - Plant materials added on south sideഀ of parking structureഀ 20. The south elevation of the Brewery that maximizes theഀ use of windows will be usedഀ Page 2ഀ Section 18.46.200ഀ A. Pollution prevention added to notes on new planഀ B. O.K.ഀ F. Doneഀ G. See RBD Engineering plan - in processഀ I. O.K.ഀ J. O.K.ഀ Section 18.46.210 D.ഀ A. Bus shelter no longer neededഀ B. Bike path has been relocated on landscape plan and willഀ be constructed per TOV standardsഀ C. Consult Andy Norrisഀ D. In processഀ E. Consult Andy Norrisഀ F. New fire hydrant shown on new landscape planഀ G. Being handled by Jay Petersenഀ General Comments:ഀ 1. Doneഀ 2. Roof height study confirmation in processഀ 3. Square footages being calculated and will be sentഀ 4. Holy Cross has indicated an interest in undergroundingഀ the utilities so long as all property owners agree andഀ that such owners will contribute about $ 75,000ഀ 5. See responses above and belowഀ 6. Utility sign-off sheet is in processഀ 7. Drainage plan is included on landscape planഀ Site Plan Comments:ഀ 1. All site plans are being updated to coincide with newഀ landscape planഀ 2. Revised north and south elevations are in processഀ Brewery:ഀ 1. Doneഀ 2. In processഀ 3. Consult Andy Norrisഀ 4. Wood-burningഀ 5. Design details of gate in processഀ 6. Doneഀ o 0ഀ Parking Structureഀ Page 3ഀ 1. Done - see plansഀ 2. Doneഀ 3. We will use signage to designate loading/delivery spaceഀ 4. Doneഀ 5. Doneഀ 6. Done - see building plan and landscape planഀ 7. Building plan elevations now indicate open vs. panelsഀ 8. To save existing trees - natural condition to Gore Creekഀ 9. Only 3' of wall showing now except at NW corner of parkingഀ 10. Shows on sheet i of new landscape planഀ Landscaping:ഀ 1. See responses above and belowഀ 2. Cut sheets on parking structure lighting are enclosedഀ 3. The planter on CDOH land is not yet approved - 6u curb onlyഀ 4. See B.A.N.G. plan - bike path and SFRd are at same elevationഀ 5. See revised landscape planഀ 6. Enclosedഀ 7. Encroachment correctedഀ Office Remodel:ഀ 1. Enclosed plans show east end elevation - the enclosed spaceഀ is an existing exit stairഀ Please review the enclosed cut sheets, revised plans, and comments.ഀ If you have questions, please call.ഀ Sincerely,ഀ Frank B. Freyer IIIഀ cc A Norrisഀ MR of Vaiഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 476-7000ഀ April 4, 1989ഀ Mr. Andy Norrisഀ Vail Ventures, Ltd.ഀ 1000 South Frontage Road Westഀ Vail, Colorado 81657ഀ l* Iഀ ,Z' , J->'Iഀ office of community developmentഀ Re: Conceptual review of the Glen Lyon Office remodel, Vailഀ Brewery, and parking structure, SDD4: Design Review Boardഀ March 29, 1989ഀ Dear Andy:ഀ Below is a summary of the Design Review Board comments on theഀ project:ഀ 1. A back-out space is necessary in the parking structure. Aഀ gate house in the median between the two levels of parkingഀ to allow for monitoring parking use is a good idea.ഀ 2. The Design Review Board liked the colors and materials forഀ the project.ഀ 3. Colorado spruce should be used instead of lodgepole pineഀ along the north elevation of the structure.ഀ 4. Birch will be an attractive material, however they willഀ require a lot of water.ഀ 5. A concrete swale between the edge of grass and pavementഀ along the north side of the project is a good idea.ഀ 6. All disturbed areas must be seeded. This should beഀ indicated on the landscape plan.ഀ 7. Dogwoods or some other type of appropriate shrub should beഀ added along the drainage area adjacent to the entrance toഀ the Glen Lyon Office Building.ഀ 8. The north elevation of the brewery needs more landscapingഀ due to the lack of windows.ഀ 9. Are you sure CDOH will allow you to place landscaping inഀ the planter in front of the porte-cochere?ഀ 10. A pedestrian connection between the new bus stop and bikeഀ path/Vail Brewery is necessary.ഀ 11. One member felt that the expanse of office roof was tooഀ long and perhaps should be broken up by the use ofഀ dormers.ഀ 12. Please bring in your proposed signage for the project soഀ that it may be reviewed at the same time with theഀ landscaping plan.ഀ 13. Proposed lighting for this site and parking structureഀ should be submitted.ഀ 14. The roof deck that screens your vents on the southഀ elevation of the Vail Brewery should be studied. It shouldഀ .be simplified.ഀ 15. Plant material should have a mix of sizes, especially alongഀ the structure. The materials also need to be larger,ഀ particularly in the area of the parking structure.ഀ 16. Please try to plant heavily the areas that fall beyond theഀ 30' no landscaping zone per the CDOH requirement.ഀ 17. Additional landscaping is needed to the east of the parkingഀ structure entry.ഀ 18. Bike racks and ski racks should be added by the southwestഀ corner of the Vail Brewery. It is our understanding thatഀ you intend to do this. It would be helpful to note on theഀ site plan where these racks would be located and what theyഀ will look like in general.ഀ 19. Landscaping, retainage, and lighting should be addressedഀ around the new bus stop. Some landscaping should be addedഀ on the south side of the parking structure. It is notഀ suggested that the landscaping be formal. Instead, theഀ materials should soften the appearance of the parkingഀ structure from the creek area.ഀ 20. The south elevation for the Vail Brewery that maximizes theഀ use of windows is preferable to the other elevation. Theഀ elevation that is being referred to is the colored southഀ elevation on poster board that you brought to the meeting.ഀ r~ഀ nഀ The following conditions from the SDD #4 Ordinance relateഀ specifically to your Design Review Board application:ഀ 1. Section 18.46.200ഀ A. The developer's drainage plan shall include aഀ provision for prevention of pollution from surfaceഀ run-off.ഀ B. The developer shall include in the buildingഀ construction, energy and water conservation controlsഀ as general technology exists at the time ofഀ construction.ഀ F. All parking structures shall have pollution controlഀ devices to prevent oil and dirt from draining intoഀ Gore Creek. (This has already been indicated on yourഀ plans.)ഀ G. In Area D, a manhole in the brewery service line shallഀ be provided so the Upper Eagle Valley Consolidatedഀ Sanitation District may monitor BOD strength.ഀ I. All trash compactors and trash storage areas shall beഀ completely enclosed within Special Developmentഀ District #4.ഀ J. Protective measures shall be used during constructionഀ to prevent soil erosion into Gore Creek, particularlyഀ when construction occurs in Areas A & D.ഀ 2. Section 18.46.210 D. Area D, Glen Lyon Commercial Siteഀ A. The developer shall agree to construct a bus shelterഀ per Town of Vail standards adjacent to Developmentഀ Area D. The specific location for the bus shelterഀ shall be mutually agreed to by the Area D owner and/orഀ developer, Colorado Division of Highways, and Town ofഀ Vail. The bus shelter shall be-constructed subsequentഀ to the issuance of a temporary certificate ofഀ occupancy for either the brewery addition, officeഀ expansion, east office building, or parkingഀ structure.ഀ B. The developer shall relocate the existing bike path onഀ Area D and provide a new bike path easement across theഀ Glen Lyon property and CDOH property per theഀ development plan for Area D. The bike path shall beഀ constructed per Town of Vail standards. The bike pathഀ shall be constructed subsequent to the issuance of aഀ building.permit and prior to the issuance of aഀ temporary certificate of occupancy for either theഀ brewery addition, office expansion, east officeഀ building, or parking structure. Such temporaryഀ certificate of occupancies shall be conditional uponഀ construction of the bike path provided for herein.ഀ C., The developer shall underground the electricalഀ utilities along the north side of the Glen Lyonഀ property from the northwest corner of the property toഀ the northeast corner of the property. This utilityഀ work shall be constructed subsequent to the issuanceഀ of a building permit and prior to the issuance of aഀ temporary certificate of occupancy for the breweryഀ addition, office expansion, east office building, orഀ parking structure. The undergrounding of theഀ utilities is contingent upon Holy Cross approving theഀ work.ഀ D. The developer shall be responsible for relocating theഀ 20' utility easement on the western portion ofഀ Development Area D as well as obtaining approval fromഀ the Town of Vail for the relocated utility easementഀ before a building permit is released for the micro-ഀ brewery addition.ഀ E. The developer of the Glen Lyon Office property shallഀ not file any remonstrance or protest against theഀ formation of a local improvement district or otherഀ financing mechanism approved by the Vail Town Councilഀ which may be established for the purpose of buildingഀ road improvements for the South Frontage Road.ഀ F. The developer shall provide a fire hydrant per Town ofഀ Vail Fire Department requirements on the northwestഀ portion of the property. The specific location forഀ the fire hydrant shall be approved by Vail Fireഀ Department. The fire hydrant shall be providedഀ subsequent to the issuance of a temporary certificateഀ of occupancy for the brewery addition, officeഀ expansion, east office building, or parkingഀ structure.ഀ G. The conditions for Area D in Sections 18.46.180 D,ഀ 18.46.200 C, F, G, H, I, J, 18.46.210 D, 1-6, andഀ 18.46.220 shall be set forth in-restrictive covenantsഀ subject to the approval of the Town Attorney and onceഀ so approved shall be recorded on the land records ofഀ Eagle County. The developer shall be responsible forഀ submitting the written conditions to the Town Attorneyഀ within 30 days after the Town Council's final approvalഀ of the SDD ordinance.ഀ The conditions listed above as well as 2 A, B and F must beഀ addressed in your Design Review Board submittal. The otherഀ conditions should be addressed as soon as possible so that yourഀ building permit is not delayed.ഀ Below is a list of staff comments and additional submittalഀ information. Please submit the following information by Aprilഀ 71 1989 for the Design Review Board meeting on April 19, 1989:ഀ A. General Comments:ഀ 1. Copy of the CDOH permit and approved Frontage Roadഀ improvement plan.ഀ 2. Please submit the roof height study which was prepared byഀ ROMA for Planning Commission. I am assuming there are noഀ changes. However, if you have adjusted the height slightlyഀ in certain areas, please indicate this on your heightഀ study.ഀ 3. Proposed square footage for the Glen Lyon Office andഀ Brewery Building.ഀ 4. A statement on what Holy Cross's position is on theഀ undergrounding of the utilities.ഀ 5. Specific responses to the conditions listed above in theഀ ordinance that relate to conservation and pollutionഀ controls, bus shelter, bike path, electrical utilities,ഀ utility vacations, and fire hydrant. Some of theseഀ materials may simply be addressed by indicating it on yourഀ plans. Specific information is needed on the bus shelter.ഀ Please submit a site plan and elevations of the structureഀ so that it may be reviewed by the Public Works Departmentഀ and CDOH.ഀ 6. Submit utility sign-off sheet and vacation agreements.ഀ 7. Submit a drainage plan.ഀ B. Site Plan Comments:ഀ 1. The landscape plan and site plan need to be the same. Theഀ parking structure plan and site plan also need to coincide.ഀ The site plan should also indicate the new decel lane.ഀ 2. Please provide full south and north SITE elevations.ഀ C. Brewery:ഀ 1. Indicate the property line on the first floor plan.ഀ 2. List the square footages per floor as was done for Planningഀ commission.ഀ 3. Are you adding a new access on the northwest corner of theഀ beer hall? One plan indicates this access which I don'tഀ think you are proposing.ഀ 4. Is the fireplace in the brewery wood-burning or gas?ഀ 5. Submit a design detail on the gate in front of the loadingഀ area for the brewery.ഀ Hഀ lo Jഀ 6. Label the elevations with finished grades.ഀ D. Parkinq Structure:ഀ 1. A turn around for the structure is necessary. This was onഀ the original plans and should be incorporated into theഀ designs.ഀ 2. Please indicate the slope of the ramps.ഀ 3. Please try to include one loading space within theഀ structure which will be able to service the officeഀ building.ഀ 4. The Town Engineer is requesting that you provide anഀ armoring at the outlet/pire.ഀ 5. Please indicate how snow removal will be handled on the topഀ level of the structure.ഀ 6. Please indicate the wall heights from finish grade alongഀ the south and north elevations of the structure.ഀ 7. Show what portion of the wall along the parking structureഀ is solid. It is difficult to determine what is a panel andഀ what is open from the elevations.ഀ 8. Why does the grade drop so drastically along the east endഀ of the south elevation of the parking structure?ഀ 9. The north elevation indicates 9' of wall showing aboveഀ finished grade. In the discussion with DRB, it wasഀ mentioned that only a few feet of the wall would show.ഀ Please clarify.ഀ 10. The site plan for the parking structure should indicate theഀ full stair and how that connects to the Glen Lyon Officeഀ sidewalk.ഀ E. Landscaping:ഀ 1. Staff agrees with the Design Review Board that theഀ materials should be as large as possible along the northഀ side of the parking structure and brewery.ഀ 2. Signage should be coordinated with landscaping andഀ lighting. Please submit details on lighting, especiallyഀ for the parking structure. It would also be a good time toഀ submit any signage you would like to have for theഀ buildings.ഀ 3. Is the entry planter which is on CDOH land by the breweryഀ realistic? What are the wall heights of the planter?ഀ o 0ഀ 4. Submit a cross-section which shows the edge of the Frontageഀ Road, bike path, CDOH land, berm landscaping, and parkingഀ structure wall.ഀ 5. Staff prefers to see the pedestrian path connection to theഀ brewery incorporated with the Glen Lyon sidewalk. It seemsഀ unnecessary to have a bike path, pedestrian path, as wellഀ as a sidewalk to Glen Lyon all within the same area.ഀ 6. Please submit a revised landscape plan that incorporatesഀ the recommendations from the Design Review Board andഀ staff.ഀ 7. Maximum height for walls for retaining or for decks are 61.ഀ The wing wall by the Vail Brewery entry and transformerഀ encroaches onto CDOH property according to the plans. Isഀ this really necessary?ഀ F. Office Remodel:ഀ 1. The office floor plan should be submitted. Also, itഀ appears that there is additional enclosed space on the eastഀ end of the office building. Please submit an elevation ofഀ the east end of the office building if you are proposingഀ changes. If you are actually enclosing additional space,ഀ this would need to go back to Planning Commission. Moreഀ fun.ഀ For the Design Review Board meeting on April 19, please stakeഀ the bike path, bus stop shelter, new entry to the site, Vailഀ Brewery, and the parking structure (please tag the tree thatഀ will be lost due to construction of the parking).ഀ Technically, the submittal date for the April 19 meeting isഀ April 3. If you could please submit the remainder of thisഀ information by April 7, this will allow enough time for reviewഀ of the project. If you are unable to get some of thisഀ information in, please just let me know when you plan to submit.ഀ The more that you can submit on April 7 the better. Rick Pylmanഀ will be in charge of the project while I am gone. I have aഀ feeling that you may need another review to finalize everythingഀ on May 3. Hopefully, this will not be necessary.ഀ In respect to the utility vacations, Larry normally likes toഀ review this at a Council evening meeting. As long as you followഀ the same general format that was used for the Post Office,ഀ everything should go smoothly. If you have any problems withഀ ~161ഀ this schedule, please let me know. You had a positiveഀ conceptual review so things should go well for you on April 19.ഀ Good Luck!ഀ Sincerely,ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ cc: Ned Gwathmeyഀ Rick Pylmanഀ o ~ഀ Planning and Environmental Commissionഀ May 22, 1989ഀ 1:30 Site Visits 3:00 Public Hearingഀ 1. Approval of minutes of May 8, 1989.ഀ #2 2. A request to amend SDD #4, Area D in orderഀ to relocate a bus stop and to void an SDDഀ condition of approval requiring theഀ undergrounding of utilities.ഀ Applicant: Vail Brewery Company.ഀ 3. A request for minor subdivision for Area D,ഀ SDD #4, Glen Lyon Office Building.ഀ Applicant: Vail Brewery Company.ഀ #3 4. A request for an exterior alteration inഀ order to construct an addition at the Up Theഀ Creek Restaurant, Gore Creek Building, Vailഀ Village.ഀ Applicant: Up The Creek Bar & Grill, Inc.ഀ #4 5. A request for a side setback variance toഀ expand a single family residence on Lot 3,ഀ Block 1, Vail Village Eleventh Filing.ഀ Applicant: Russ Pittoഀ #1 6. A request for a setback variance and siteഀ coverage variance to construct an additionഀ to a residence on Lot 4, Block D, Vail Ridgeഀ Subdivision.ഀ Applicant: Ms. Boatmanഀ 7. Preliminary review: Red Lion major exteriorഀ alteration CCI.ഀ </Aഀ 7ഀ townഀ 75 south frontage roadഀ vail, colorado 81657ഀ (303) 479-2138ഀ (303) 479-2139ഀ April 13, 1989ഀ Mr. Andy Norrisഀ 1000 S. Frontage Rd. Westഀ Vail, CO 81657ഀ RE: Undergrounding of Utilitiesഀ Dear Andy:ഀ C7ഀ office of community developmentഀ I would appreciate it if you would get a letter from Holy Crossഀ stating their position on the undergrounding of utilitiesഀ adjacent to the Brewery. Staff has concerns about notഀ undergrounding utilities as it is an important improvement forഀ your project. However, we want to be reasonable and if Holyഀ Cross believes that your utilities should be undergroundedഀ during an overall improvement project that they would manage,ഀ then perhaps that is a better approach. Please submit theഀ letter to Rick Pylman. As you know, I will be out of theഀ office.ഀ My intent is to be back in the office on May 15. However, I mayഀ become a flamenco dancer and never return. Thanks for being soഀ understanding while our office has been short staffed. Pattenഀ should be back in command on April 24. I hope you are going toഀ get some time off here in the near future.ഀ Sincerelഀ ~l 0ഀ Kristan Pritzഀ Senior Plannerഀ KP:kcഀ o sഀ ADDENDUM TO APPLICATIONഀ PURPOSE OF SUBDIVISION AND MODIFICATION TO SDD. The purpose of theഀ two applications is to allow a subdivision of the Glen Lyon Officeഀ Building site to accommodate three separate owners prior to completionഀ of the project. Once completed the entire project could beഀ condominiumized and the same result would occur, however, because ofഀ separate financing requirements demanded by the uniqueness of the Vailഀ Ale Brewery a subdivided parcel for their specific use and ownershipഀ is necessary at this point in time. No changes or modifications toഀ the existing approval are necessary except as set forth below.ഀ REQUEST.ഀ 1. To allow the subject property to be subdivided into fourഀ parcels as set forth in the attached Application for minorഀ subdivision.ഀ 2. To modify the condition regarding underground utilities.ഀ 3. To modify the location of the bus stop.ഀ 4. To modify the deceleration lane.ഀ REQUIREMENTS. Pursuant to Section 18.40.1000 the request as set forthഀ above shall be reviewed in accordance with Section 18.40.0400 asഀ follows:ഀ A. The development plan has been established and approved whichഀ regulated the development, uses, and activity within the specialഀ development district. These requirements shall remain in effectഀ without modification.ഀ B. A pre-application conference was held to discuss the requestഀ and the need for such request.ഀ C. The applicant requests a formal hearing before the PECഀ without the need for a work session.ഀ DEVELOPMENT PLAN. No change to the approved Development Plan isഀ requested except for the addition of the Subdivision Plat to becomeഀ part of the Development Plan, and the minor modification as set forthഀ above.ഀ 4653 ~46o19,ഀ saw, 4?$~ ~ 4S'Fഀ 12-,' r P0.6.ഀ 28.63' Scale: /00'ഀ N71025'19"Wഀ 15.83' S 420 44 13" W 59.69'ഀ S79015'02"W 40.8ഀ S 710 25' 19" E 40.77'ഀ .Qഀ LOT 54ഀ t~ 0ഀ 0ഀ rഀ 77-1ഀ x„ = NEW UTILITY EASEMENTഀ AREA= 2658 SQ. FT. or ~,Zpഀ 0.0610 AC.ഀ EXISTING UTILITY EASEMENTഀ LEGAL DESCRIPTIONഀ That part of Lot 54, Amended Plat Glen Lyon Subdivision, according to the mapഀ thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder,ഀ described as follows:ഀ Beginning at the northwesterly corner of said Lot 54, said point also being an angleഀ point in the southerly right-of-way line of Interstate Highway No. 70; thence,ഀ along the northerly line of said Lot 54, N73°32'13"W 28.83 feet; thence, departingഀ said northerly line, S42°44'13"W 59.69 feet; thence S15°15'47"E 53.00 feet; thenceഀ S71°25'19"E 40.77 feet to the southerly line of said Lot 54; thence, along saidഀ southerly line, S79°15'02"W 40.83 feet; thence, departing said southerly line,ഀ N71°25'19"W 15.83 feet; N15°15'47"W 72.11 feet to the northwesterly line of said Lotഀ 54; thence, along said northwesterly line, N46°19'45"E 47.51 feet to the point ofഀ beginning.ഀ -596-ഀ iഀ Date of Application April 6, 1989ഀ APPLICATION FORM FOR SPECIAL DEVELOPMENT,ഀ DISTRICT DEVELOPMENT PLANഀ I. This procedure is required for any project that would go throughഀ the Special Development District Procedure.ഀ The application will not be accepted until all information is submitted.ഀ A. NAME OF APPLICANT Glen Ft; oii Orti ce Buildingഀ ADDRESS 1000 S. Frontage Road West, Vail, CO 81657 PHONE 476-6602ഀ B. NAME OF APPLICANT'S REPRESENTATIVE Andy Norrisഀ ADDRESS 1000 S. Frontage Road West, Vail, CO 81657ഀ C. AUTHORIZATICI OF PR4VRTY OWNERഀ SIGNATUഀ PHONE 476-6602ഀ ADDRESS 1000 S. Frontage Road West, Vail, CO 91657 PHONE 476-6602ഀ D. LOCATION OF PROPOSALഀ ADDRESSഀ LEGAL DESCRIPTION Lot 54, Glen Lyon Subdivisionഀ E. FEE $100.00 PAID 'ഀ F. A List of the name of owners of all property adjacent to theഀ Subject property and their wiling addresses.ഀ II. Four (4) copies of the following information:ഀ A. Detailed written/graphic description of proposal.ഀ B. An environmental impact report shall.be submitted to the zoningഀ administrator in accordance with Chapter 18.56 hereof unless waivedഀ by Section 18.56.030, exempt projects;ഀ C. An open space and recreational plan sufficient to meet the demandsഀ generated by the development without undue burden on availableഀ or proposed public facilities;ഀ (OVER)ഀ iഀ Application fora. Special Development Distr_ Development Planഀ D. Existing contours having contour intervals of not more than fiveഀ feet if the average slope of the site is twenty percent or less,ഀ or with contour intervals of not more than ten feet if the averageഀ slope of the site is greater than twenty percent.ഀ E. A proposed site plan, at a scale not smaller than one inch equalsഀ fifty feet, showing the approximate locations and dimensions ofഀ all buildings and structures, uses therein, and all principal siteഀ development features, such as landscaped areas, recreational facili-ഀ ties, pedestrian plazas and walkways, service entries, driveways,ഀ and off-street parking and loading areas with proposed contoursഀ after grading and site development;ഀ F. A preliminary landscape plan, at a scale not smaller than one inchഀ equals fifty feet, showing existing landscape features to be retainedഀ or removed, and showing proposed landscaping and landscaped siteഀ development features, such as outdoor recreational facilities,ഀ bicycle paths, trails, pedestrian plazas and walkways, water featuresഀ and other elements;ഀ G. Preliminary building elevations, sections, and floor plans, atഀ a scale not smaller than one-eighth equals one foot, in sufficientഀ detail to determine floor area, gross residential floor area, interiorഀ circulation, locations of uses within buildings, and the generalഀ scale and appearance of the proposed development.ഀ III. Time Requirementsഀ The-Planning and Environmental Commission meets on the 2nd and 4thഀ Mondays of each month. An application with the necessary accompanyingഀ material must be submitted four weeks prior to the date of the meetingഀ NOTE: It is recommended that before a special development district applicationഀ is submitted, a review and comment meeting should be set up with theഀ Department of Community Development.ഀ sr Ja .ഀ ADDENDUM TO APPLICATIONഀ PURPOSE OF SUBDIVISION AND MODIFICATION TO SDD. The purpose of theഀ two applications is to allow a subdivision of the Glen Lyon Officeഀ Building site to accommodate three separate owners prior to completionഀ of the project. Once completed the entire project could beഀ condominiumized and the same result would occur, however, because ofഀ separate financing requirements demanded by the uniqueness of the Vailഀ Ale Brewery a subdivided parcel for their specific use and ownershipഀ is necessary at this point in time. No changes or modifications toഀ the existing approval are necessary except as set forth below.ഀ REQUEST.ഀ 1. To allow the subject property to be subdivided into fourഀ parcels as set forth in the attached Application for Minorഀ Subdivision.ഀ 2. To modify the condition regarding underground utilities.ഀ 3. To modify the location of the bus stop.ഀ 4. To modify the deceleration lane.ഀ REQUIREMENTS. Pursuant to Section 18.40.1000 the request as set forthഀ above shall be reviewed in accordance with Section 18.40.0400 asഀ follows:ഀ A. The development plan has been established and approved whichഀ regulated the development, uses, and activity within the specialഀ development district. These requirements shall remain in effectഀ without modification.ഀ B. A pre-application conference was held to discuss the requestഀ and the need for such request.ഀ C. The applicant requests a formal hearing before the PECഀ without the need for a work session.ഀ DEVELOPMENT PLAN. No change to the approved Development Plan isഀ requested except for the addition of the Subdivision Plat to becomeഀ part of the Development Plan, and the minor modification as set forthഀ above.ഀ ADJACENT PROPERTY OWNERSഀ 1. Lot 39, Glen Lyon Subdivisionഀ Andrew D. Norrisഀ 1000 South Frontage Road Westഀ Vail, CO 81657ഀ 2. Tract Kഀ Town of Vailഀ 3. Voliter Nursery Siteഀ Vail Commercial Partnershipഀ 245 Bridge Streetഀ Vail, CO 81657ഀ 4. Chevron Stationഀ 934 South Frontage Road Westഀ Vail, CO 81657ഀ 5. Colorado Division of Highwayഀ Box 2107ഀ Grand Junction, CO 81502ഀ 6. United States Forest Serviceഀ Box 190ഀ Minturn, CO 81645ഀ 7. Holy Cross Electric Associationഀ P.O. Drawer 2150ഀ Glenwood Springs, CO 81602ഀ 8. Vail Professional Buildingഀ 953 South Frontage Road Westഀ Vail, CO 81657ഀ 0ഀ DATEഀ APPLICATION FORഀ MINOR SUBDIVISION REVIEWഀ (4 or fewer lots)ഀ A. NAME OF APPLICANT Lo C. 9 ^0 t_ ydoJ OF 1 E ?&L7& PHONE e-l ?(o 6001ഀ MAILING ADDRESS Iooo 8,Go44~a~, ,24, cJ Vim, Grp «Sഀ B. NAME OF APPLICANT'S REPRESENTATIVEഀ 14&p c4ഀ MAILING ADDRESS 5 •Q,yl ~~~e ed y PHONEY~(~(v(pOvഀ C. NAME OF PROPERTY OWNER(S) (print orഀ type) C-Cp1i L~/ooy 0FF)e_6 &4&, a CVഀ OWNER'S SIGNATUREഀ PHONEഀ MAILING ADDRESS 5C,4 ~ഀ D. LOCATION OF PROPOSAL (ADDRESS)ഀ LOTS BLOCKS SUBDIVISION C_FzN t yoiUഀ E. FEE $100 PAIDഀ F. MATERIAL TO BE SUBMITTEDഀ The subdivider shall submit three (3) copies, two of which must beഀ mylars, of the proposal following the requirements for a final plat asഀ found in Section 17.16.130 of the Subdivision Regulations. Certain ofഀ these requirements may be waived by the zoning administrator and/or theഀ Planning and Environmental Commission if determined not applicable to theഀ project.ഀ G. An environmental report may be required if so stipulated under Chapterഀ 18.56 of the zoning code.ഀ H. The Department of Community Development will be responsible for seeingഀ that the approved plat is promptly recorded with the Eagle County Clerkഀ and Recorder.ഀ I. Include a list of all adjacent property owners (including those behindഀ and across the street) with their mailing addresses.ഀ J. Your proposal will be reviewed for compliance with Vail's Comprehensive Plan.ഀ