TC Council Packet 09-25-2001Town Council Meetings
Roll Call Check Sheet
Date: 9/25/01
Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt,
D. Buckley, Brown
Staff Present:
Bill Efting
? Larry Brooks
y/ Burt Levin
Kris Nash
Jacquie Halburnt
Scott Wright
-,, Jeff Layman
Norm Wood
Meryl Jacobs
VBob Reed
Harry Taylor
Ruth Borne
Other Staff
r?l,i- d(A ,?f?
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, WILL BE HELD SEPTEMBER 25, 2001,
AT 2:00 PM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
(Lunch will be served)
2:00 PM - 3:00 PM 1.) Beaver Creek Landing Presentation
(Jonathan Greene) G
3:00 PM - 3:20 PM 2.) Childcare Ordinance (Ruth Borne)
3:20 PM - 3:50 PM 3.) Contribution Requests (Scott Wright)
3:50 PM - 3:55 PM 4.) Odor Ordinance Discussion (Burt Levin)
3:55 PM - 4:00 PM 5.) McGrady Acres Update (Norm Wood)
4:00 PM - 5:00 PM 6.) Joint Meeting with Planning & Zoning
Commission
5:00 PM - 5:15 PM 7.) Staff Updates
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
T AVO COLORADO
BY
sten Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON SEPTEMBER 21, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
,Memo
TO. Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Ruth Borne, Director of Community Develop ent?-?
Eric Johnson, Planning Technician
Date September 21, 2001
Re: Child Day Care and Home Occupations
Summary
On September 18, 2001 the Planning and Zoning Commission approved Resolution 01-13,
approving a Special Review Use for a Home Occupation to operate a child day care home
at 2121 Long Spur Unit B. Public opposition to the application included over twenty (20)
Wildridge residents. Attached for your review is a draft copy of the minutes from the
September 18, 2001 Planning and Zoning Commission meeting. The Town of Avon Zoning
Code (Title 17) allows for Home Occupations (17.08.360) in residential areas as a Special
Review Use.
"Home occupation" means an occupation, profession, activity or use that is conducted
within a dwelling unit and is meant to produce income or revenue, or any activity
associated with a nonprofit organization which: There are eight (8) criteria that must be
met to conform to the definition of a Home Occupation.
Attached for your review is a copy of the Home Occupation section of the code.
Discussion
The following information is what other local municipalities allow in regard to Home
Occupations and Child Day Care.
Town of Vail: The Town of Vail just revised their code to allow home child day care
as a home occupation (Town of Vail Ordinance 17 of 2001). All home occupations
must comply with the criteria of a Conditional Use Permit. The code was revised to
specifically allow for child day care facilities and home child day care facilities within
the residential zone districts in the Town of Vail. Under the definition of Home Child
Day Care Facility the maximum number of children allowed is 6. A home child care
facility is specifically exempt from the requirement that there shall be no noise,
vibration, smoke, dust, odor, heat, or glare noticeable from the property to allow for
outdoor play areas. The Town of Vail requires the approval of the co-owners, or
homeowners association, of the property on development review applications (TOV
Ordinance 24 of 2000). This approval is in the form of signatures on the application
Memo to Town Council, September 25, 2001 Page 1 of 2
Child Day Care and Home Occupations
w - a
or a written letter of approval. If any portion of the property is common area (shared
driveways, parking, or yards) approval of the co-owners or homeowners association
must be included with the application.
Eagle County: There are two types of child day care facilities in Eagle County; Day
Care Centers and Day Care Homes. Day Care Homes are allowed in 14 of their 16
zone districts without a permit as a 'use by right. Day Care Centers are allowed in
the same zone districts with the approval of a Special Use Permit. Under the
definition of a Day Care Home a maximum number of children allowed is 6.
Town of Frisco: Allows home occupations and child day care centers as a
Conditional Use in single family and multi-family residential districts. Under the
definition of Child day-care centers the maximum number of children allowed is 10.
• Town of Breckenridge: Allows home occupations however, there is no specific
mention of child day care facilities.
Summit County: Home child care is considered a home occupation. Home child
care is an allowed use without a permit. Under the definition of Home child care a
maximum number of 9 children are allowed. There are 13 criteria that are required
to be met for a home occupation in Summit County. Home child care is the only
home occupation that is specifically allowed to have activity outside of the building.
Town Manager Comments T ? t ac 5?, -(a C, '75 To w h Cm u vIc. ,
p,.t?y bgs#?c - Ao you w?5111 /
-I?CC 'I .?1r?hb ? S
{. V,,Is. Sf?FF his ? ?,'?,?.
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Attachments:
A. Town of Avon Municipal Code section 17.08.360, Home Occupation
B. Planning and Zoning Commission meeting minutes
C. Town of Vail Ordinance 17 of 2001, Child Care Homes
D. Town of Vail Ordinance 24 of 2000, Co-owner approval
E. Town of Vail Memo for Ordinance 17 of 2001
F. Eagle County Land Use Regulations, Home Uses
G. Town of Frisco Zoning Code, Home Occupation
H. Summit County Development Code, Child Care and Home Occupation
Memo to Town Council, September 25, 2001
Child Day Care and Home occupations
Page 2 of 2
l On 20*?J 110?5 COCA'4 17.08.340--17.08.365
repair, or maintenance of motor-given vehicles, or where
such, vehicles are parked or stored for renumeration, hire
or sale within the structure. (Ord. 91-10 §1(part)).
17.08.340 Grade, existinQ=. "Grade, existing" means
the existing or natural topography of a site prior to con-
struction. (Ord. 91-10 §1(part)).
17.08.350 Grade, finished. "Grade, finished" means
the grade upon completion of a project. (Ord. 91-10
§1(part)).
17.08.360 Home occupation. "Home occupation" means
an occupation, profession, activity or use that is conduct-
ed within a dwelling unit and is meant to produce income or
revenue, or any activity associated with a nonprofit orga-
nization which:
A. Does not produce noise audible outside the dwell-
ing unit where such activity is taking place;
B. Limits the amount of customers, visitors or per-
sons, other than the occupants, to no more than five per
day. In the case of day care, no more children than al-
lowed by the state of Colorado license for a child care
home (a state of Colorado license is also required to oyer_
child care home) ;
C. -Does not cause the visible storage or parking of
vehicles or equipment not normally associated with resi-
dential use, which shall include but is not limited to the
following: trucks with a rating greater than three-fourths
ton, earth moving equipment and cement mixers;
D. Does not alter the exterior of the property or
affect the residential character of the neighborhood;
E. Does not interfere with parking, access or other
normal activities on adjacent properties, or with other
units in a multifamily residential development;
F. Does not require or allow employees to work on the
property;
G. Does not require alteration to the residence to
satisfy applicable town fire or building codes, or county
health regulations;
H. Does not require or allow any signs to be visible
from the outside of the property. (Ord. 98-3 §VI: Ord.
91-10 §1(part)).
17.08.365 Home office. "Home office" means any occu-
pation, profession or other activity, that takes place in a
dwelling unit and is meant to produce income or revenue, or
any activity associated with a nonprofit group or corpora-
tion which:
A. Does not produce noise audible outside the dwell-
ing unit where such activity is taking place;
188 (Avon 4/98)
ORDINANCE NO. 17
SERIES OF 2001
AN ORDINANCE AMENDING THE VAIL TOWN CODE, TITLE 12, CHAPTERS 2, 6,14 & 16,
SECTION 12-2-2 DEFINITIONS, SECTION 12-14-12 HOME OCCUPATIONS, SECTION 12-
16-7 CONDITIONAL USE SPECIFIC CRITERIA AND STANDARDS, SECTION 12-6A-3,
SECTION 12-613-3, SECTION 12.6C-3, SECTION 12.613.3, SECTION 12-6E-3, SECTION 12-
6F-3, SECTION 12-6G-3, SECTION 12-61-1-3, SECTION 12-713-2, SECTION 12-7E-4,
SECTION 12.7F-4, SECTION 12-71-5, SECTION 12-9C3 AND SECTION 12-8D-3 OF THE
TOWN OF VAIL ZONING REGULATIONS TO ALLOW FOR HOME CHILD DAY CARE
FACILITIES TO BE OPERATED AS HOME OCCUPATIONS, SUBJECT TO THE ISSUANCE
OF A CONDITIONAL USE PERMIT, IN EIGHT RESIDENTIAL ZONE DISTRICTS AND TO
ALLOW CHILD DAY CARE CENTERS TO BE OPERATED IN FOUR COMMERCIAL AND
BUSINESS ZONE DISTRICTS, ONE SPECIAL AND MISCELLANEOUS ZONE DISTRICT
AND ONE OPEN SPACE AND RECREATION ZONE DISTRICT, SUBJECT TO THE
ISSUANCE OF A CONDITIONAL USE PERMIT,AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Planning & Environmental Commission of the Town of Vail has held a
public hearing on the proposed text amendments in accordance with the provisions of the Town
Code of the Town of Vail; and
WHEREAS, the Planning & Environmental Commission of the Town of Vail
unanimously recommended approval of the text amendments at its July 9, 2001 public hearing,
and has submitted its recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed text
amendments further the development objectives of the Town of Vail; and
WHEREAS, the purpose of the text amendments is to establish requirements and
procedures to allow child day care centers and home child day care facilities in the Town of Vail;
and
WHEREAS, the Vail Town Council finds that the proposed amendments are consistent
with the development objectives of the Town and that these amendments are necessary to
ensure the health, safety and welfare of the citizens of Vail.
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt these amendments to the Zoning Regulations.
NOW, THEREFORE, E IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this ordinance is to amend Sections 12-2-2, 12-14-12, 12
16-7, 12-6A-3, 12-6B-3, 12-6C-3, 12-6D-3, 12-6E-3, 12-6F-3, 12-6G-3, 12-6H-3, 12-7D-
2, 12-7E-4, 12-7F-4, 12-71-5, 12-9C-3, 12-813-3 of the Town of Vail Zoning Regulations
to establish requirements and procedures allowing child day care centers and home
child day care facilities within the Town of Vail.
Section 2. The following sections of the Vail Town Code are hereby amended:
-1-
(Deletions are shown in stnieeeut and additions are shown in bold)
Section 12-2-2, DEFINLnM,
"Home Child Day Care Facility" -
a residence or facility that provides regular care and supervision, for an
entire day, for more than two but not more than six children from birth to
sixteen years of age who are not related to the owner, operator or manager
thereof, whether such facility is operated with or without compensation for
such care. Residents of the home under 12 years of age who are on the
premises and all children on the premises for supervision are counted
against the approved capacity. A day care home shall comply with all
applicable standards for child care centers of the Colorado Department of
Social Services.
"Child Day Care Center" -
a residence or facility that provides regular care and supervision, for an
entire day or a portion of a day, for seven or more children who are not
related to the owner, operator or manager thereof, whether such facility Is
operated with or without compensation for such care. A day care center
shall comply with all applicable standards for child care centers of the
Colorado Department of Social Services.-
Section 12-1412: HOME OCCUPATIONS,
A. Permit Required: The conduct of a home occupation, where permitted as an
accessory use by the provisions of this Title, shalt be subject to Issuance of a
home occupation permit by the Administrator. Application shall be made on a
form prescribed by the Administrator, and shall be accompanied by a statement
fully describing the nature of the home occupation, including hours of operation,
equipment or machinery to be used, anticipated number of customers, clients or
students, and other features of the home occupation. The application shall
describe in detail the manner in which the home occupation will conform with the
requirements of this Chapter.
B. Application Contents: An application for a home occupation permit shall be
made upon a form provided by the Administrator. The application shall be
supported by documents, maps, plans, and other material as requested by
the Administrator to evaluate the proposal. Application materials may
Include but not be limited to floor plans, site plans, parking and traffic
circulation plans, verification of liability insurance, and title reports.
C. Permit Issuance And Findings: After review of the application, the Administrator
may issue a home occupation permit if he/she finds that the proposed use will
conform with the requirements of this Chapter. The permit may be subject to
such conditions as the Administrator deems necessary to guarantee operation of
the home occupation in accordance with the requirements of this Chapter and
compatibly with other uses in the vicinity. The Administrator shall deny the
application if he/she finds that the proposed use will not conform with the
provisions of this Chapter, or would be injurious or detrimental to other properties
in the vicinity.
D. Permit Time Limit; Renewal: Home occupation permits, when Issued, shall be for
a limited time period not exceeding twe-(2*yeam one (1) year. Permits shall be
renewable upon application, subject to such regulations as shall be in effect at
the time of application for renewal. The Administrator shall make the same
findings with respect to an application for renewal as for the original issuance of a
home occupation permit
E. Requirements For Permit: Where permitted, home occupations shall be subject
to the following limitations:
1. The use shall be conducted entirety within a dwelling and carried on
principally by the Inhabitants thereof. A home child day care facility shall
be exempt from this requirement to allow outdoor play areas.
2. Employees, other than inhabitants of the dwelling, shall not exceed one
-2-
person at any time.
3. The use shall be dearly incidental and secondary to the use of the
dwelling for dwelling purposes and shall not change the residential character
thefeef of the property and neighborhood.
4. The total floor area used for the home occupation shall not exceed one-fourth
(1/4) of the gross residential floor area of the dwelling, nor exceed five hundred
(500) square feet. Home child day care facilities shall not exceed one-haN
(1/2) of the gross residential floor area of the dwelling, nor one thousand,
two hundred fifty (1,250) square feet.
5. There shall be no advertising, display, or other indication of the home
occupation on the premises.
6. Selling stocks, supplies, or products on the premises shall not be permitted,
provided that incidental retail sales may be made in connection with other
permitted home occupations.
7. There shall be no exterior storage on the premises of material used in the
home occupation.
8. There shall be no noise, vibration, smoke, dust, odor, heat, or glare noticeable
at or beyond the property line, as a result of the home occupation. A home child
day care facility shall be exempt from this requirement to allow outdoor
play areas.
9. A home occupation shall not generate significant vehicular traffic in excess of
that typically generated by residential dwellings and shall not interfere with
parking, access or other normal activities on adjacent properties, or with
other units in a multi-family residential development.
10. No parking or storage of commercial vehicles in association with a
home occupation permit shall be permitted on the site.
E. Interpretation:
For purposes of this Chapter, provided that all requirements prescribed In this
Chapter are met, the following examples shall be considered home
occupations:
a. Activities conducted principally by telephone or mail order.
b. Studios and activities producing light handcrafts, or objects of art.
c. Teaching and tutoring instruction limited to two (2) pupils at a time.
d. Dressmaking or apparel alterations.
e. Home child day care facility
A home occupation shall not Include: a clinic, funeral home, nursing home,
tearoom, restaurant, antique shop, veterinarian's office, or any similar use.
Permit Revocation Or Discontinuance:
1. A home occupation permit may be revoked by the Administrator if he/she
determines that the provisions of this Chapter or the limitations prescribed as
a condition of the permit are being violated.
2. A home occupation permit shall become void if not used within two (2)
months of issuance, or if the use for which It was issued is discontinued for a
continuous period of six (6) months. (Ord. 8(1973) §§ 17.301 -17.306)
Section 12-16-7, USE SPECIFIC CRITERIA AND STANDARDS,
The following criteria and standards shall be applicable to the uses listed below in
consideration of a conditional use permit. These criteria and standards shall be In
addition to the criteria and findings required by Section 12-16-6 of this Chapter.
A. Uses And Criteria:
1. Bakeries And Confectioneries: The use shall be restricted to preparation of
products specifically for sale on the premises.
2. Barbershops, Beauty Shops And Beauty Parlors: No exterior frontage on any
public way, street, walkway, or mall area is permitted.
3. Brew Pubs:
a. There shall be no exterior storage of supplies, refuse, or materials on
the property upon which the brew pub is operated.
b. The operator of the brew pub shall comply with the Town's loading and
-3-
delivery regulations as set forth in this Title.
c. Brew pubs which sell beer or ale at wholesale or which sell beer for off-
site consumption are allowed so long as the total of wholesale sales and
l
sa
es for off-site consumption do not exceed forty five percent (45%) of
the product manufactured by the brew pub on an annual basis.
4. Commercial Storage: No exterior frontage on any public way, street, walkway,
or mall area is permitted.
5. Convenience Food Stores:
a. Maximum store size shall be eight thousand (8,000) square feet
b. No more than thirty three percent (33%) of the gross building area of
the entire structure on-site.
6. Major Arcade:
a. No exterior frontage on any public way, street, walkway, or mall area is
permitted.
b. Amusement devices shall not be visible or audible from any public way,
street, walkway, or mail area.
7. Television Stations:
a. The production room/studlo shall be visible from the street or
pedestrian mall
b. The television station shall be "cable-cast" only, requiring no additional
antennas.
8. Time-Share Estate, Fractional Fee, Fractional Fee Club, Or Time-Share
License Proposal: Prior to the approval of a conditional use permit for a time-
share estate, fractional fee, fractional fee dub, or time-share license proposal
,
the following shall be considered:
a. If the proposal for a fractional fee dub is a redevelopment of an
existing facility, the fractional fee dub shall maintain an equivalency of
accommodation units as are presently existing. Equivalency shall be
maintained either by an equal number of units or by square footage. If the
proposal is a new development, It shall provide at least as much
accommodation unit gross residential floor area (GRFA) as fractional fee
club unit gross residential floor area (GRFA).
b. Lock-off units and lock=off unit square footage shall not be included in
the calculation when determining the equivalency of existing
accommodation units or equivalency of existing square footage.
c. The ability of the proposed project to create and maintain a high level
of occupancy.
d. Employee housing units may be required as part of any new or
redevelopment fractional fee dub project requesting density over that
allowed by zoning. The number of employee housing units required will
be consistent with employee impacts that are expected as a result of the
project.
e. The applicant shall submit to the Town a list of all owners of existing
units within the project or building; and written statements from one
hundred percent (100%) of the owners of existing units indicating their
approval, without condition, of the proposed fractional fee club. No written
approval shall be valid if it was signed by the owner more than sixty (60)
days prior to the date of filing the application for a conditional use.
9. Transportation Businesses:
a. All vehicles shall be parked upon approved parking areas.
b. All vehicles shall be adequately screened from public rights of way and
adjacent properties, consisting of landscaping and berms, in combination
with walls and fences, where deemed necessary to reduce the
deleterious effects of vehicle storage.
c. The number, size and location of vehicles permitted to be stoned shall
be determined by the Planning and Environmental Commission based on
the adequacy of the site for vehicle storage. Consideration shall be given
to the adequacy of landscaping and other screening methods to prevent
impacts to adjacent properties and other commercial and/or residential
uses
.
d. Parking associated with transportation businesses shall not reduce or
compromise the parking required for other uses on-site. (Ord. 10(1998) §
11)
10. Home Child Day Care Facility:
a. The maximum number of children shall be no more children than
allowed by the State of Colorado licensi
th
ng au
ority for a child
care home or a total of six (6) children, which ever is more
restrictive.
4-
b. A State of Colorado license is required to operate a child care
home and a current copy of the license shall be kept on file in the
Town of Vail Community Development Department
c. A conditional use permit for a home occupation to operate a
home child care facility shall be valid for one year. The permit
holder shall be responsible for requesting renewals and
maintaining all permits as current.
Section 12-6A-3, CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
Bed and breakfast as further regulated by Section 12-14-18 of this Title.
Equestrian facilities located on five (5) acre minimum lot size area on property
bordering public land.
Home Child Day Care Facility as further regulated by 12.14-2 of this Title.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Section 12-613-3, CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of this
Title.
Bed and breakfast as further regulated by Section 12-14-18 of this Title.
Dog kennel.
Home Child Day Care Facility as further regulated by 12-14-2 of this Tide.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type II employee housing unit as set forth in Chapter 13 of this Title.
Section 12-6C-3, CONDITIONAL USES:
The following conditional uses shall be permitted In the R District, subject to
issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Bed and breakfast as further regulated by Section 12-14-18 of this Title.
Dog kennel.
Home Child Day Care Facility as further regulated by 12-14.2 of this Title.
Public buildings, grounds and facilities.
Public or private schools.
-s-
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type II employee housing units as set forth in Chapter 13 of this Title.
Section 12-6D-3, CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
Bed and breakfast as further regulated by Section 12-1418 of this Title.
Home Child Day Care Facility as further regulated by 12-14-2 of this Title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type II employee housing unit as set forth in Chapter 13 of this Title.
Section 12-6E-3, CONDITIONAL USES:
The following conditional uses shall be permitted In the RC District, subject to
issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Bed and breakfast as further regulated by Section 12-14-18 of this Title.
Dog kennel.
Home Child Day Care Facility as further regulated by 12-14-2 of this Title.
Private clubs.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Section 12-617-3, CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF District, subject
to Issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Bed and breakfast as further regulated by Section 12-14-18 of this Title.
.6-
Dog kennel.
Home Child Day Care Facility as further regulated by 12-142 of this Title.
Private dubs.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Section 12-6G-3, CONDITIONAL. USES:
The following conditional uses shall be permitted in the MDMF District, subject
to issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Bed and breakfast as further regulated by Section 12-1418 of this Title.
Dog kennel.
Home Child Day Care Facility as further regulated by 12-142 of this Title.
Private dubs and civic, cultural and fraternal organizations.
Public buildings, grounds, and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Section 12-61-1-3, CONDITIONAL USES:
The following conditional uses shall be permitted in the HDMF District, subject
to issuance of a conditional use permit in accordance with the provisions of
Chapter 16 of this Title:
Bed and breakfast as further regulated by Section 12-1418 of this Title.
Churches.
Dog kennel.
Home Child Day Care Facility as further regulated by 12-142 of this Title.
Private dubs and civic, cultural and fraternal organizations.
Public buildings, grounds and facilities.
Public or commercial parking facilities or structures.
Public or private schools.
FMW
.7.
Public park and recreation facilities.
Public transportation terminals.
Public utility and public service uses.
Ski lifts and tows.
Time-share estate units, fractional fee units and time-share license units.
Type III employee housing units (EHU) as provided In Chapter 13 of this Title.
Section 12-7D-2, CONDITIONAL USES:
The following conditional uses shall be permitted in the Commercial Core 3
District, subject to issuance of a conditional use permit in accord with the
provisions of Chapter 16 of this Title:
Any use permitted by Section 12-7D-1 of this Article which is not
conducted entirety within a building.
Bed and breakfast as further regulated by Section 12-1418 of this Title.
Brew pubs.
Child Day Care Center
Commercial laundry and cleaning services, bulk plant.
Commercial storage.
Dog kennel.
Drive-up facilities.
Major arcade.
Massage parkas.
Outside car wash.
Pet shops.
Public buildings, grounds, and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Radio and television signal relay transmission facilities.
Theaters, meeting rooms, and convention facilities.
Transportation businesses.
Type III employee housing units (EHU) as provided in Chapter 13 of this
Title.
Section 12-7EA CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC District, subject to
issuance of a conditional use permit in accordance with the provisions of
40 Chapter 16 of this Title:
Any use permitted by Section 12-7E-3 of this Article, which is not
conducted entirely within a building.
-8-
Bed and breakfast as further regulated by Section 12-14-18 of this Title.
Brew pubs.
Child Day Care Center
Commercial laundry and cleaning services.
Dog kennel.
Major arcade.
Multiple-family dwellings and lodges.
Outdoor operation of the accessory uses as set forth in Section 12-7E-5 of
this Article.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Theaters, meetings rooms, and convention facilities.
Type III employee housing units (EHU) as provided in Chapter 13 of this
Title.
Section 12-7F4, CONDITIONAL USES:
A.Enumerated: The following conditional uses shall be permitted in the
Arterial Business District, subject to the issuance of a conditional use permit
in accordance with the provisions of Chapter 16 of this Title:
Any use permitted by Section 12-7F-3 of this Article, which is not
conducted entirely within a building.
Bed and breakfast as further provided by Section 12-14-18 of this Title.
Brew pubs.
Child Day Care Center
Micro-brewery.
Private off-street surface parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public services uses, including screened outside storage.
Service yards.
Transportation businesses.
Type III employee housing units (EHU) as provided in Chapter 13 of this
Title.
B. Subject To Review: The following uses shall be permitted on the
first (street) level floor within a structure subject to the issuance of a
conditional use permit and are listed as such due to their potential individual
C7
C
L_.J
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and cumulative impacts of generating traffic in the Arterial Business District
and will receive review under the provisions of Chapter 16 of this Title with
specific emphasis on the criteria of traffic generation:
Apparel stores.
Bakeries and confectioneries.
Banks and financial institutions.
Brew pubs.
Business and office services.
Camera stores.
Child Day Care Center
Cleaning and laundry pick-up agencies without bulk cleaning or dyeing
Convenience food stores, restricted to a maximum of eight thousand
(8,000) square feet and no more than thirty three percent (33%) of the
gross building area of the entire structure.
Furniture stores.
Hardware stores.
Health food stores.
Hobby stores.
Household appliance stores.
Liquor stores.
Music and record stores.
Nursery and garden supply.
Outside car wash.
Pet shops.
Public and private health facilities.
Service stations.
Small appliance repair shops, excluding furniture repair.
Theater.
Yardage and dry good stores.
12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF
A BUILDING OR OUTSIDE OF A BUILDING):
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
Bed and breakfast as further regulated by Section 12-1418 of this Title.
Brew pubs.
Child Day Care Center
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Coin-operated laundries.
Commercial storage.
Gasoline and service stations.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities.
Public or private parking lots.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Television stations.
Vehicle maintenance, service, repair, storage, and fueling.
Warehousing.
Additional uses determined to be similar to conditional uses described In
this subsection, in accordance with the provisions of Section 12-3-4 of this
Title.
Section 12-9C-3, A.Generally: The following conditional uses shall be permitted in the
GU District, subject to issuance of a conditional use permit in accordance with the
provisions of Chapter 16 of this Title:
Child Day Care Center
Churches.
Equestrian trails.
Golf courses.
Helipad for emergency and/or community use.
Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies,
and ambulance facilities.
Major arcade.
Plant and tree nurseries, and associated structures, excluding the sale of trees or other
nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schools and educational institutions.
Public and quasi-public Indoor community facility.
Public buildings and grounds.
Public parking facilities and structures.
Public theaters, meeting rooms and convention facilities.
Public tourist/guest service related facilities.
Public transportation terminals.
Public utilities installations including transmission lines and appurtenant equipment.
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Seasonal structures or uses to accommodate educational, recreational or cultural
activities.
Ski lifts, tows and runs.
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Water and sewage treatment plants.
Section 12-8D-3 The following conditional uses shall be permitted in the Ski
Base/Recreation District, subject to the issuance of a conditional use permit in
accordance with the provisions of Chapter 16 of this Title:
Additions or expansions of public or private parking structures or spaces.
Addition or expansion of storage buildings for mountain equipment.
Bed and breakfast as further regulated by Section 12-14-18 of this Tide.
Child Day Care Center.
Food and beverage cart vending.
Public, private or quasi-public clubs.
Recreation room/minor arcade.
Redevelopment of public parks, playgrounds.
Redevelopment of ski lifts and tows.
Redevelopment of ski racing facilities.
Redevelopment of water storage extraction and treatment facilities.
Seasonal structures to accommodate athletic, cultural, or educational activities.
Summer outdoor storage for mountain equipment
Summer seasonal community offices and programs.
Type III employee housing units (EHU) as provided in Chapter 13 of this Title.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares It would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
12-
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repeater shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 71' day of August, 2001 and a public
hearing for second reading of this Ordinance set for the 21" day of August, 2001, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
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0
ORDINANCE Nona r?,?9
SERIES OF 2000
AN ORDINANCE AMENDING SECTION 12-11-4 (DESIGN REVIEW, MATERIALS TO BE
SUBMITTED; PROCEDURES), SECTION 12-15-4 (INTERIOR CONVERSIONS,
PROCESS). SECTION 12-15-5 (ADDITIONAL GROSS RESIDENTIAL FLOOR AREA; 250)
AND ADOPTING SECTION 12-16-2(H) (CONDITIONAL USE PERMIT, APPLICATION;;-.
CONTENTS), SECTION 12-17-2(G) (VARIANCES, APPLICATION INFORMATION
REQUIRED), TO ADD THE REOUIREMENT FOR CO-OWNER SIGNATURES ON
DEVELOPMENT REVIEW APPLICATIONS OR WRITTEN LETTERS OF APPROVAL TO
BE SUBMITTED TO THE TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the purpose of this ordinance is to codify the requirement for co-owner
signatures on development review applications or written letters of approval; and
WHEREAS, on September 5, 2000, the Vail Town Council held a worksession meeting to
discuss the need for co-owner signatures and has directed staff to prepare this ordinance; and
WHEREAS. the Val Town Council has found that there is a need for co-owner signatures on
development review applications or written letters of approval to insure the reasonable and equitable
implementation of land use regulations on properties with more than one owner, and
WHEREAS, the Planning $ Environmental Commission and the Design Review Board have
•
discussed the need for the co-owner signature requirement on development review applications or
written letter of approval and support this ordinance; and
WHEREAS. the Vail Town Council considers It In the best Interest of the public health.:.,
safety. and welfare to adopt this ordinance and require co-owner signatures on deveiopmer t review
applications or written letters of approval.
NOW, THEREFORE, BE IT ORDAINED 13Y THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Pumose of the Ordinance
The purpose of Ordinance No. 24, Series of 2000, is to amend Sections 12-11-4(B)(1) (d) & (0)(1)(1),
12-1I3-4{D), 12-15-50q. and adopt 12-16-2(H), and 12-17-2(G) to add the requirement for co-owner
signatures on development review applications or written letter of approval.
Section 2 Prooo Amendments
The following sections of the Vail Town Code are amended and/or adopted and shell read as follows;
Section 12-11- 4(8)0) ld): Application form. If the property Is owned in common (condominium
assoclatlon) or jointly with other property owners such as driveways, "A/B' parcels or "C" parcels in
duplex subdivisions, by way of example and not Ilmlration, the written approvai of the other property
Cwdir:viou 24, Series of 2000
ag4lA 7.4 R. T.RJ 1r OIJ R. my • T.A?f7-J?RR-WAPI-J?(l.T. • wnm-w mm . qT r rf?eaz_?®o
owner, owners or applicable owner's association shall be required- This can be either in the form of a
letter of approval or signature on the application.
Section 12-11-4(C)(1)m: Application form and appropriate fee. It the property is owned in common
(condominium association) or jointly with other property owners such as driveways, "AB" parcels or
"C" parcels in duplex subdivisions, by way of example and not limitation, the written approval of the
other property owner, owners or applicable owner's association shall be required. This can be either In
the form of a letter of approval or signature on the application,
Section 12-15-4 1D1: Process: Applications shall be made to the Department of Community
Development staff on forms provided by the Department. Applications for interior conversions to
single-family, two-family, primary/secondary or multi-family dwelling units located in a Special
Development District (SDD) pursuant to this Section shall also be allowed without arriendlrag the
GRFA provisions of the SDD. However, properties with GRFA restrictions recorded on the plat for
the development shall be regulated according to the plat restrictions unless the plat is modified to
remove such restrictions. If the property is owned In common (condominium association) or jointly
with other property owners such as driveways, "A/B' parcels or "C" parcels in duplex subdivisions, by
way of example and not limitation, the written approval of the other property owner, owners or
applicable owners association shall be required. This can be either in the form of a Ietter of approval
or signature on the application. The planning staff will review the application to ensure the proposed
addition complies with all the provisions of the Interior conversion section.
Sgag 12-15-5(D1(11: Application shall be made on forms provide by the Departrnerrt of Community
Development. If the property is owned in common (condominium association) or jointly with other
property owners such as driveways or "C" parcels in duplex subdivisions. by way of example and not
limitation, the written approval of the other property owner, owners or applicable owner's association
shall be required. This can be either In the form of a letter of approval or signature an the application.
The application shall also include:
a_ A fee pursuant to the current schedule shall be required with the application.
b. Information and plans as set forth and required by subsection 12-11-4C of this Title.
_c, Any other applicable Information required by the Department of Community Development to satisfy
the criteria outlined in this Section,
section 12-16-2 B* If the property is owned in common (condominium association) or jointly with other
property owners such as driveways. "AB" parcels or "C" parcels in duplex subdivisions. by way of
o tonar,00 4a, Swrim= of 20M
2
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61113 BOWd a S Va84 O48 • a I • Xdsa-Asa-woo-AOX • woa3 SO-St t 0-O X-AQR
example and not Limitation, the written approval of the other property owner, owners Or applicable
owner's association shall be required. This can be either in the form of a letter of approval or signature
on the application.
Section 12-1 Z 2(G); If the property is owned in common {condominium association) or jointly with other
property owners such as driveways, -A/B" parcels or '0" parcels in duplex subdivisions, by way of
example and not limitation, the written approval of the other property owner, owners or applicable
owner's association shall be required. This can be either In the form of a letter of approval or signature
on the application.
Section &
If any part. section. subsection, sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed this ordinance, and each part, seo ion,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared Invalid.
Section 4.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided
in this ordinance shall not affect any right which has accrued, any duty Imposed, any violation that
is occurred prior to the effective date hereof, any prosecution commenced, nor any othqr action qr,
proceeding as commenoed under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless -expressly stated herein.
Section S.
All bylaws, orders,, resolutions and ordinances, or parts thereof, Inoonststent herewith are hereby
repealed to the extent only of such Inconsistency. The repealer shall not be construed to revise any
bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUSL SHED
ONCE IN FULL ON FIRST READING this 191' day of September, 2000, and a public hearing for
second reading of this Ordinance set for the a day of October, 2000, in the Gouncll Chambers of
the Vail Municipal Building, Vail. Colorado.
3
ordnance 26, series of 2000
11
ATTEST:
Ludwig Kurz, Mayor
Lorelei Donaldson, Town Clark
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of
October, 2000.
ATTEST:
Ludwig Kura, Mayor
Lorelei Donaldson, Town Cleric
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prdknar=n 2L. S&its of 2000
a
-,/t' asovd 35 VU 6 Lb048 • G1 • Lasa-nsa-woo-nos • W0213 40 • 9t I0-0z-aff s
0 Memorandum
TO: Planning & Environmental Commission
FROM: Community Development Department
DATE: July 9, 2001
SUBJECT: A request for a recommendation to the Vail Town Council on text
amendments to the Town of Vail Zoning Regulations to allow for the
operation of home child day care facilities and child day care centers in
the Town of Vail.
I. DESCRIPTION OF THE REQUEST
This is a request for a recommendation to the Vail Town Council to amend the
zoning regulations to allow home child day care facilities and child day care
centers as conditional uses in thirteen of the twenty-four zone districts, to amend
Chapter 16 of the zoning regulations to establish additional conditional use
review criteria for home child day care facilities, to amend Chapter 14 of the
zoning regulations to establish additional requirements for home occupation
permits to operate home child day care facilities, and to amend Section 12-2-2 of
the zoning regulations to establish definitions for "home child day care facility'
and "day care center".
The purpose of this memorandum is to provide:
? a brief background on the existing legislation regulating home day care
facilities in the Town of Vail,
? an analysis of how the Town of Avon and Eagle County regulate the
operation of home child care facilities,
? responses to the questions raised during an earlier worksession meetings,
and
? a recommendation for amendments to the Town of Vail Zoning Regulations
that would allow for the operation of home child care facilities in the
community.
This text amendment initiative is a result of a worksession discussion with the
Vail Town Council. On May 8, 2001, the Town Council directed the Community
Development Department to prepare a memorandum to the Planning &
Environmental Commission outlining a recommendation for text amendments to
the Zoning Regulations. Staff will provided a summary of the comments
generated by the Commission during the worksession to the Town Council on
May 15th at the regularly scheduled DRB/PEC report.
II. BACKGROUND 41
The purpose of Section 11 of this memorandum is to provide an analysis of the
regulatory measures that the Town of Vail, State of Colorado, Town of Avon and
Eagle County have adopted and relied upon for the operation of child care
facilities within their respective jurisdictions.
Town of Vail
The Vail Town Code does not specifically list child day care facilities as an
allowable use in any of the Town's prescribed zone districts. Instead, the Town
has determined that a child day care facility such as the ABC School or Learning
Tree are similar in nature to "public and private schools and educational
institutions" and therefore, are allowed in certain zone districts subject to the
issuance of a conditional use permit. According to the Vail Town Code, child day
care facilities are allowed in the General Use and Housing Zone Districts. There
are currently 18 properties zoned General Use. No properties in the town have
yet to be zoned under the Housing designation.
A home occupation permit does not allow home child care facilities.
The Town has historically followed the state statutes and determined that home
child care for two non-related children or less does not require day care licensing
or permitting.
State of Colorado
The Colorado Revised State statutes address home child day care facilities.
According to the statutes, a Family Child Care Home is defined as,
"a facility for child care in a place of residence of a family or person for the
purpose of providing less than twenty-four-hour care for children under
the age of eighteen years who are not related to the head of such home.
"Family child care home" may include infant-toddler child care homes,
large child care homes, experienced provider child care homes, and such
other types of family child care homes designated by rules of the state
board pursuant to section 26-6-106 (2) (p), as the state board deems
necessary and appropriate".
Additionally, an attachment has been provided that further outlines the regulatory
provisions of the state statutes.
Town of Avon
The Town of Avon allows the operation of a child-care home as a home
occupation, subject to Special Review. According to the Town of Avon land use
regulations,
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L
a "home occupation" means an occupation, profession, activity or use that is
conducted within a dwelling unit and is meant to produce income or revenue, or
any activity associated with a nonprofit organization which:
A. Does not produce noise audible outside the dwelling unit where
such activity is taking place;
B. Limits the amount of customers, visitors or persons, other than the
occupants, to no more than five per day. In the case of day care, no
more children than allowed by the state of Colorado license for a child
care home (a state of Colorado license is also required to operate a
child care home);
C. Does not cause the visible storage or parking of vehicles or
equipment not normally associated with residential use, which shall
include but is not limited to the following: trucks with a rating greater
than three-fourths ton, earth moving equipment and cement mixers;
D. Does not alter the exterior of the property or affect the residential
character of the neighborhood;
E. Does not interfere with parking, access or other normal activities on
adjacent properties, or with other units in a multifamily residential
development;
F. Does not require or allow employees to work on the property;
G. Does not require alteration to the residence to satisfy applicable
town fire or building codes, or county health regulations;
H. Does not require or allow any signs to be visible from the outside of
the property. (Ord. 98-3 §VI: Ord. 91-10 §1(part)).
Home occupations are allowed in the following zone districts, subject to a Special
Review Use Permit:
• Residential Single Family
• Residential Duplex
• Residential Low Density
• Residential Medium Density
• Residential High Density
• Planned Unit Development
Home occupations are not allowed in the Government, Park & Employee
Housing Zone District.
A special review use shall require a special review use permit prior to
the issuance of a building permit or the commencement of the use
identified as a special review use in the appropriate zone district(s).
A special review use shall not be considered a use by right without
review and approval, as set forth in Section 17.48.020, nor shall the
use vest unless a development plan is approved for the property. (Ord.
91-10 §1(part)).
The staff and the planning and zoning commission shall consider the
following criteria when evaluating an application for a special review use
permit.
A. Whether the proposed use otherwise complies with all requirements
imposed by the zoning code;
B. Whether the proposed use is in conformance with the town
comprehensive plan;
C. Whether the proposed use is compatible with adjacent uses. Such
compatibility may be expressed in appearance, architectural scale and
features, site design, and the control of any adverse impacts including
noise, dust, odor, lighting, traffic, safety, etc. (Ord. 91-10 §1 (part)).
Eagle County
Eagle County regulates two types of child day care facilities; Day Care Centers
and Day Care Homes.
According to the Eagle County land use regulations, a Day Care Center is
defined as,
"a residence or facility that provides regular care and supervision, for an
entire day or a portion of a day, for seven or more children who are not
related to the owner, operator or manager thereof, whether such facility is
operated with or without compensation for such care. A day care center
shall comply with all applicable standards for child care centers of the
Colorado Department of Social Services."
A Day Care Home is defined as,
"a residence or facility that provides regular care and supervision, for an
entire day, for more than two but not more than six children from birth to
sixteen years of age who are not related to the owner, operator or
manager thereof, whether such facility is operated with or without
compensation for such care. Care also may be provided for no more than
two additional children of school age attending full-day school. Residents
of the home under12 years of age who are on the premises and all
children on the premises for supervision are counted against the
approved capacity. A day care home shall comply with all applicable
standards for child care centers of the Colorado Department of Social
Services."
Eagle County allows the operation of Day Care Homes in 14 of their 16 zone
districts as a "use by right" upon the determination that all applicable
requirements have been met. In contrast, Day Care Centers are allowed in the
same 14 zone districts; however, the review and approval of a Special Use
0
Permit is required. The two zone districts that do not allow these facilities are the
® Backcountry and Fulford Historical Districts respectively.
According to the Eagle County Land Use Regulations, Special Uses are those
uses that are not necessarily compatible with the other uses allowed in a zone
district, but which may be determined compatible with the other uses allowed in
the zone district based upon individual review of their location, design,
configuration, density and intensity of use, and the imposition of appropriate
conditions to ensure the compatibility of the use at a particular location with
surrounding land uses.
Upon receipt of an application for a Special Use, the Community Development
Department shall prepare a report for presentation to the Planning Commission
and cause public notice to be provided. The Planning Commission shall conduct
a public hearing on the application and based upon the review of the application
for compliance with the relevant and applicable criteria, forward a
recommendation to the Board of County Commissioners to approve, approve
with conditions, or disapprove the Special Use application.
The issuance of a Special Use permit shall be dependent upon findings that
there is competent evidence that the proposed use, as conditioned, fully
complies with all the prescribed standards. The prescribed standards include
consistency with the applicable Master Plans, compatibility, zone district
standards, minimization of adverse impacts, impact on public facilities, site
development standards and other provisions deemed necessary.
III. RECOMMENDATION FOR AMENDMENTS
Staff is recommending text amendments to the Zoning Regulations to allow for
the operation of home child day care facilities and child day care centers. Staff
recommends that a definition of Home Child Day Care Facilities be adopted
along with a definition of Child Day Care Centers. Staff recommends that
Section 12-2-2, Definitions of the Zoning Regulations be amended to include the
following terms:
"Home Child Day Care Facility" -
"a residence or facility that provides regular care and supervision, for an
entire day, for more than two but not more than six children from birth to
sixteen years of age who are not related to the owner, operator or
manager thereof, whether such facility is operated with or without
compensation for such care. Residents of the home under 12 years of
age who are on the premises and all children on the premises for
supervision are counted against the approved capacity. A day care home
shall comply with all applicable standards for child care centers of the
Colorado Department of Social Services."
and,
0 "Child Day Care Center" -
"a residence or facility that provides regular care and supervision, for an
entire day or a portion of a day, for seven or more children who are not
related to the owner, operator or manager thereof, whether such facility is
operated with or without compensation for such care. A day care center
shall comply with all applicable standards for child care centers of the
Colorado Department of Social Services."
Staff further recommends that the operation of a Home Child Day Care Facility
be classified as a Home Occupation, as defined in the Zoning Regulations, in
certain established residential zone district subject to the issuance of a Home
Occupation Permit and a Conditional Use Permit. Additionally, staff is
recommending that a text amendment be adopted allowing Child Day Care
Centers in certain established residential and commercial zone districts.
Section 12-14-12: HOME OCCUPATIONS, of the Zoning Regulations,
establishes the procedures for the issuance of a Home Occupation Permit.
According to Section 12-14-12,
A. Permit Required: The conduct of a home occupation, where permitted as
an accessory use by the provisions of this Title, shall be subject to
issuance of a home occupation permit by the Administrator. Application
shall be made on a form prescribed by the Administrator, and shall be
accompanied by a statement fully describing the nature of the home
occupation, including hours of operation, equipment or machinery to be
used, anticipated number of customers, clients or students, and other
features of the home occupation. The application shall describe in detail
the manner in which the home occupation will conform with the
requirements of this Chapter.
B. Application Contents: An application for a home occupation permit
shall be made upon a form provided by the Administrator. The
application shall be supported by documents, maps, plans, and
other material as requested by the Administrator to evaluate the
proposal. Application materials may include but not be limited to
floor plans, site plans, parking and traffic circulation plans,
verification of liability insurance, and title reports.
C. Permit Issuance And Findings: After review of the application, the
Administrator may issue a home occupation permit if he/she finds that the
proposed use will conform with the requirements of this Chapter. The
permit may be subject to such conditions as the Administrator deems
necessary to guarantee operation of the home occupation in accordance
with the requirements of this Chapter and compatibly with other uses in
the vicinity. The Administrator shall deny the application if he/she finds
that the proposed use will not conform with the provisions of this Chapter,
or would be injurious or detrimental to other properties in the vicinity.
D. Permit Time Limit; Renewal: Home occupation permits, when issued,
shall be for a limited time period not exceeding twe-(2) years one (1)
year. Permits shall be renewable upon application, subject to such
regulations as shall be in effect at the time of application for renewal. The
Administrator shall make the same findings with respect to an application
for renewal as for the original issuance of a home occupation permit.
E. Requirements For Permit: Where permitted, home occupations shall be
subject to the following limitations:
1. The use shall be conducted entirely within a dwelling and carried on
principally by the inhabitants thereof. A home child day care facility
shall be exempt from this requirement to allow outdoor play
areas.
2. Employees, other than inhabitants of the dwelling, shall not exceed
one person at any time.
3. The use shall be clearly incidental and secondary to the use of the
dwelling for dwelling purposes and shall not change the residential
character thefeef of the property and neighborhood.
4. The total floor area used for the home occupation shall not exceed
one-fourth (1/4) of the gross residential floor area of the dwelling, nor
exceed five hundred (500) square feet. Home child day care facilities
shall not exceed one-half (112) of the gross residential floor area of
the dwelling, nor one thousand, two hundred fifty (1,250) square
feet.
5. There shall be no advertising, display, or other indication of the home
occupation on the premises.
6. Selling stocks, supplies, or products on the premises shall not be
permitted, provided that incidental retail sales may be made in connection
with other permitted home occupations.
7. There shall be no exterior storage on the premises of material used in
the home occupation.
8. There shall be no noise, vibration, smoke, dust, odor, heat, or glare
noticeable at or beyond the property line, as a result of the home
occupation. A home child day care facility shall be exempt from this
requirement to allow outdoor play areas.
9. A home occupation shall not generate significant vehicular traffic in
excess of that typically generated by residential dwellings and shall not
interfere with parking, access or other normal activities on adjacent
properties, or with other units in a multi-family residential
development.
10. No parking or storage of commercial vehicles In association with
a home occupation permit shall be permitted on the site.
E. Interpretation:
1. For purposes of this Chapter, provided that all requirements
prescribed in this Chapter are met, the following examples shall be
considered home occupations:
a. Activities conducted principally by telephone or mail order.
b. Studios and activities producing light handcrafts or objects of art.
c. Teaching and tutoring instruction limited to two (2) pupils at a time.
d. Dressmaking or apparel alterations.
e. Home child day care facility
2. A home occupation shall not include: a clinic, funeral home, nursing
home, tearoom, restaurant, antique shop, veterinarian's office, or any
similar use.
F. Permit Revocation Or Discontinuance:
1. A home occupation permit may be revoked by the Administrator if
he/she determines that the provisions of this Chapter or the limitations
prescribed as a condition of the permit are being violated.
2. A home occupation permit shall become void if not used within two (2)
months of issuance, or if the use for which it was issued is
discontinued for a continuous period of six (6) months. (Ord. 8(1973)
§§ 17.301 -17.306)
Chapter 16: CONDITIONAL USE PERMITS, of the Zoning Regulations,
establishes the procedures and criteria for the issuance of a Conditional Use
Permit. According Chapter 16,
12-16-1: PURPOSE; LIMITATIONS:
in order to provide the flexibility necessary to achieve the objectives of this Title,
specified uses are permitted in certain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review and evaluation so that they may be located
properly with respect to the purposes of this Title and with respect to their effects
on surrounding properties. The review process prescribed in this Chapter is
intended to assure compatibility and harmonious development between
conditional uses and surrounding properties and the Town at large. Uses listed
as conditional uses in the various districts may be permitted subject to such
conditions and limitations as the Town may prescribe to ensure that the location
and operation of the conditional uses will be in accordance with development
objectives of the Town and will not be detrimental to other uses or properties.
Where conditions cannot be devised to achieve these objectives, applications for
conditional use permits shall be denied. (Ord. 8(1973) § 18.100)
12-16-2: APPLICATION; CONTENTS:
Application for a conditional use permit shall be made upon a form provided by
the Administrator. The application shall be supported by documents, maps,
plans, and other material containing the following information:
A. Name and address of the owner and/or applicant and a statement that the
applicant, if not the owner, has the permission of the owner to make
application and act as agent for the owner.
B. Legal description, street address, and other identifying data concerning
the site.
C. A description of the precise nature of the proposed use and its operating
characteristics, and measures proposed to make the use compatible with
other properties in the vicinity.
D. A site plan showing proposed development of the site, including
topography, building locations, parking, traffic circulation, usable open
space, landscaped area, and utilities and drainage features.
E. Preliminary building plans and elevations sufficient to indicate the
dimensions, general appearance, scale, and interior plan of all buildings.
F. Such additional material as the Administrator may prescribe or the
applicant may submit pertinent to the application and to the findings
prerequisite to the issuance of a conditional use permit as prescribed in
Section 12-16-6 of this Chapter.
B. A list of the owner or owners of record of the properties adjacent to the
subject property which is subject of the hearing. Provided, however,
notification of owners within a condominium project shall be satisfied by
notifying the managing agent, or the registered agent of the condominium
project, or any member of the board of directors of a condominium
association. The list of owners, managing agent of the condominium
project, registered agent or members of the board of directors, as
appropriate, shall include the names of the individuals, their mailing
addresses, and the general description of the property owned or
managed by each. Accompanying the list shall be stamped, addressed
envelopes to each individual or agent to be notified to be used for the
mailing of the notice of hearing. It will be the applicants responsibility to
provide this information and stamped, addressed envelopes. Notice to the
adjacent property owners shall be mailed first class, postage prepaid.
(Ord. 49(1991) § 1: Ord. 50(1978) § 15: Ord. 30(1978) § 1: Ord. 16(1978)
§ 4(a): Ord. 8(1973) § 18.200)
® 12-16-3: FEE:
The Town Council shall set a conditional use permit fee schedule sufficient to
cover the cost of Town staff time and other expenses incidental to the review of
the application. The fee shall be paid at the time of the application, and shall not
be refundable. (Ord. 8(1973) § 18.300)
12-16-4: HEARING:
Upon receipt of a conditional use permit application, the Planning and
Environmental Commission shall set a date for hearing in accordance with
subsection 12-3-6C, "notice", of this Title, shall be given, and the hearing shall be
conducted in accordance with subsections 12-3-6C and D of this Title. (Ord.
8(1973) § 18.400)
12-16-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION:
A. Possible Range Of Action: Within thirty (30) days of the application for a
public hearing on a conditional use permit, the Planning and
Environmental Commission shall act on the application. The Commission
may approve the application as submitted or may approve the application
subject to such modifications or conditions as it deems necessary to
accomplish the purposes of this Title, or the Commission may deny the
application. A conditional use permit may be revocable, may be granted
for a limited time period, or may be granted subject to such other
conditions as the Commission may prescribe. Conditions may include, but
shall not be limited to, requiring special setbacks, open spaces, fences or
walls, landscaping or screening, and street dedication and improvement;
regulation of vehicular access and parking, signs, illumination, and hours
and methods of operation; control of potential nuisances; prescription of
standards for maintenance of buildings and grounds; and prescription of
development schedules.
B. Variances: A conditional use permit shall not grant variances, but action
on a variance may be considered concurrently with a conditional use
permit application on the same site. Variances shall be granted in
accordance with the procedure prescribed in Chapter 17 of this Title.
(Ord. 16(1978) § 4(b): Ord. 8(1973) § 18.500)
12-16-6: CRITERIA; FINDINGS:
A. Factors Enumerated: Before acting on a conditional use permit
application, the Planning and Environmental Commission shall consider
the following factors with respect to the proposed use:
1. Relationship and impact of the use on development objectives of the
Town.
2. Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation facilities,
and other public facilities and public facilities needs.
3. Effect upon traffic, with particular reference to congestion, automotive
and pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the streets and parking areas.
4. Effect upon the character of the area in which the proposed use is to
be located, including the scale and bulk of the proposed use in relation to
surrounding uses.
5. Such other factors and criteria as the Commission deems applicable to
the proposed use.
6. The environmental impact report concerning the proposed use, if an
environmental impact report is required by Chapter 12 of this Title.
B. Necessary Findings: The Planning and Environmental Commission shall
make the following findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the
purposes of this Title and the purposes of the district in which the site is
located.
2. That the proposed location of the use and the conditions under which it
would be operated or maintained will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the proposed use will comply with each of the applicable
provisions of this Title. (Ord. 10(1998) § 9: Ord. 22(1996) § 3: Ord.
36(1980) § 1: Ord. 8(1973) § 18.600)
12-16-7: USE SPECIFIC CRITERIA AND STANDARDS:
10
The following criteria and standards shall be applicable to the uses listed below
in consideration of a conditional use permit. These criteria and standards shall be
in addition to the criteria and findings required by Section 12-16-6 of this Chapter.
A. Uses And Criteria:
1. Bakeries And Confectioneries: The use shall be restricted to
preparation of products specifically for sale on the premises.
2. Barbershops, Beauty Shops And Beauty Parlors: No exterior frontage
on any public way, street, walkway, or mall area is permitted.
3. Brew Pubs:
a. There shall be no exterior storage of supplies, refuse, or
materials on the property upon which the brew pub is operated.
b. The operator of the brew pub shall comply with the Town's
loading and delivery regulations as set forth in this Title.
c. Brew pubs which sell beer or ale at wholesale or which sell beer
for off-site consumption are allowed so long as the total of
wholesale sales and sales for off-site consumption do not exceed
forty five percent (45%) of the product manufactured by the brew
pub on an annual basis.
4. Commercial Storage: No exterior frontage on any public way, street,
walkway, or mall area is permitted.
5. Convenience Food Stores:
a. Maximum store size shall be eight thousand (8,000) square
feet.
b. No more than thirty three percent (33%) of the gross building
area of the entire structure on-site.
6. Major Arcade:
a. No exterior frontage on any public way, street, walkway, or mall
area is permitted.
b. Amusement devices shall not be visible or audible from any
public way, street, walkway, or mall area.
7. Television Stations:
a. The production room/studio shall be visible from the street or
pedestrian mall.
b. The television station shall be "cable-cast" only, requiring no
additional antennas.
8. Time-Share Estate, Fractional Fee, Fractional Fee Club, Or Time-
Share License Proposal: Prior to the approval of a conditional use permit
for a time-share estate, fractional fee, fractional fee club, or time-share
license proposal, the following shall be considered:
a. If the proposal for a fractional fee club is a redevelopment of an
existing facility, the fractional fee club shall maintain an
equivalency of accommodation units as are presently existing.
Equivalency shall be maintained either by an equal number of
units or by square footage. If the proposal is a new development,
it shall provide at least as much accommodation unit gross
residential floor area (GRFA) as fractional fee club unit gross
residential floor area (GRFA).
b. Lock-off units and lock-off unit square footage shall not be
included in the calculation when determining the equivalency of
11
existing accommodation units or equivalency of existing square
footage.
c. The ability of the proposed project to create and maintain a high
level of occupancy.
d. Employee housing units may be required as part of any new or
redevelopment fractional fee club project requesting density over
that allowed by zoning. The number of employee housing units
required will be consistent with employee impacts that are
expected as a result of the project.
e. The applicant shall submit to the Town a list of all owners of
existing units within the project or building; and written statements
from one hundred percent (100%) of the owners of existing units
indicating their approval, without condition, of the proposed
fractional fee club. No written approval shall be valid if it was
signed by the owner more than sixty (60) days prior to the date of
filing the application for a conditional use.
9. Transportation Businesses:
a. All vehicles shall be parked upon approved parking areas.
b. All vehicles shall be adequately screened from public rights of
way and adjacent properties, consisting of landscaping and
berms, in combination with walls and fences, where deemed
necessary to reduce the deleterious effects of vehicle storage.
c. The number, size and location of vehicles permitted to be
stored shall be determined by the Planning and Environmental
Commission based on the adequacy of the site for vehicle
storage. Consideration shall be given to the adequacy of
landscaping and other screening methods to prevent impacts to
adjacent properties and other commercial and/or residential uses.
d. Parking associated with transportation businesses shall not
reduce or compromise the parking required for other uses on-site.
(Ord. 10(1998) § 11)
10. Home Child Day Care Facility:
a. The maximum number of children shall be no more
children than allowed by the State of Colorado licensing
authority for a child care home or a total of six (6)
children, which ever is more restrictive.
b. A State of Colorado license is required to operate a child
care home and a current copy of the license shall be kept
on file in the Town of Vail Community Development
Department.
c. A conditional use permit for a home occupation to operate
a home child care facility shall be valid for one year. The
permit holder shall be responsible for requesting
renewals and maintaining all permits as current.
12-16-8: PERMIT APPROVAL AND EFFECT:
Approval of a conditional use permit shall lapse and become void if a building
permit is not obtained and construction not commenced and diligently pursued
toward completion or the use for which the approval has been granted has not
12
c
commenced within two (2) years from when the approval becomes final. (Ord.
10(1998) § 10: Ord. 48(1991) § 1: Ord. 16(1978) § 4(d))
12-16-9: CONFLICTING PROVISIONS:
In addition to the conditions which may be prescribed pursuant to this Chapter, a
conditional use shall also be subject to all other procedures, permits, and
requirements of this and other applicable ordinances and regulations of the
Town. In event of any conflict between the provisions of a conditional use permit
and any other permit or requirement, the more restrictive provision shall prevail.
(Ord. 10(1998) § 10: Ord. 8(1973) § 18.900)
Zone Districts For Consideration
There are currently 24 zone districts in the Town of Vail. Of the 24 different zone
districts:
? eight (8) are residential districts,
? nine (9) are commercial and business districts,
? four (4) are open space and recreation districts, and
? three (3) are special and miscellaneous districts.
® Child care facilities are currently only allowed, subject to the issuance of a
conditional use permit, in the General Use zone district (special and
miscellaneous district). Staff recommends that the Planning & Environmental
Commission consider the appropriateness of allowing Home Child Day Care
Facilities in each of the eight residential districts, as a conditional use, subject to
the issuance of a conditional use permit and a home occupation permit. We
further recommend that Day Care Centers be allowed as a conditional use in four
of the commercial and business districts (Commercial Core 3, Commercial
Service Center, Arterial Business and Lionshead Mixed Use 2) in one special
and miscellaneous district (General Use), and in one open space and recreation
district (Ski Base/Recreation). Due to the potential for unintended
consequences of child care facilities and impacts on the residential character of
neighborhoods, especially in the residential zone districts, staff is recommending
that child day care not be a "use by right" in any district.
13
LAND USE REGVLA770NS 3-8 EAGLE COUNTY, COL ORAL
ARTICZE 3: ZONE DISTRICTS 3-310 REVIEW STAMARD
(2) Cluster Option B directs development to areas which result in minimal
visual impacts from both housing and road construction. Buildings should .
be kept off of prominent visual locations.
(3) Access to adequate road system.
(4) Additional requirements for projects of urban and suburban character:
(a) Pedestrian path system
(b) Municipal or District water and sewer
(c) Landscaping plan
(d) Solar access provision
(e) Affordable housing
The provision of affordable housing is one of the requirements for
-- : cial Hesi -
determination must be made by the Board of County
Commissioners that there is an unmet demand for the
"affordable" housing for the area in which they are proposed.
This housing must be provided in a condominium or townhouse
framework and integrated into the overall design of the project.
Associated with the project must be legal documentation limiting
(a) the original sales price, (b) buyer qualifications, and (c) an
appreciation value per year on resale. This affordable housing
provision may also be met in the form of long term rentals
acceptable to the County Commissioners. Units would be
required to remain as long term for a minimum of 20 years.
(5) In a Cluster Development Option B, the number of dwelling units, square
footage of floor area and the number of affordable housing units shall be
assigned to each lot on the.Final Plat. The permitted Floor Area Ratio
shall be based on the size of the clustered parcel.
C. Bed and Breakfast.
1. Parking. -The. bed and breakfast shall provide one (1) parking space for - each
accommodations unit, in addition to any parking required for the dwelling unit.
2. Maximum Number of Units. The bed and breakfast shall not contain more than six (6)
separate accommodations units that are rented to guests.
3. Owner Shall Live on Premises. The owner of the bed and breakfast or an on-site
manager employed by the owner shall reside on the premises at all times when the bed and
breakfast is in operation.
LAND USE REGULA77ONS 3-17 EAGLE COUNTY, COLORADt
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a. Use Subordinate. 'The use of a dwelling for a home business shall be clearly
incidental and subordinate to its use for residential purposes and shall not change
its basic residential character.
b. Activity Conducted Indoors. All activities associated with a home business shall
be conducted indoors. - Materials and equipment used in the home business shall
be stored in a building.
C. Employment. A home business shall be conducted by persons residing on the
premises and by no more than two (2) employees residing off-premises.
d. Patrons. A home business may serve patrons on the premises, provided all other .
standards of this Section are met.
e. Parking. A home business shall provide one (1) off-street parking space for each
employee working on site and residing off-premises and one (1) space for patrons
of the business. These spaces shall be provided in addition to the parking required
for the principal residential use of the property.
f. Sales. Incidental sale of supplies or products associated with the home business
shall be permitted on the premises. A home business whose primary activity is
retail sales shall be prohibited, except if the home business is for catalogue sales.
g. Nuisance. A home business shall not produce 'noise,' electrical or magnetic 0
interference, vibrations, heat, glare, odors, fumes, smoke, or dust and shall not
operate at such hours or in such a manner as to create a public nuisance, disturb
neighbors or alter the residential character of the premises.
h. Codes. The building housing the home business shall comply with all County or
State building, fire.and safety codes applicable to the particular business.
L Signs and Illumination. Signs and other outdoor structures advertising the home
business shall not be permitted. Illumination of the structure housing the home
business shall be limited to that which is customary for the primary residential use
of the property.
2. Home Occupation.
a. Use Subordinate. The use of a dwelling for a home occupation shall be clearly
incidental and subordinate to its use for residential purposes and shall not change
its basic residential character.
b. Activity Conducted Indoors. All activities associated with a home occupation
shall be conducted indoors. Materials and equipment used in the home business
shall be stored in a building.
LAND USE REGULATIONS 3-19. EAGLE COUNTY COLORADO
rlwySlW.bMwlm,lruabur t. N-A-17!. IM
Sep 20 01 10:24a Town of Frisco 970 668 0677
ZONING
CAMPER- A vehicle, eligible to be registered and insured for highway use,
.??. designed to be used as a temporary shelter for travel, recreational and vacation
purposes, but not for a permanent residence; and includes, but is not limited to,
equipment commonly called "fifth wheels," "independent travel trailers,"
"dependent travel trailers," "tent trailers," "pickup campers," "motor homes" and
"converted buses" but does not include mobile homes.
CERTIFICATE OF OCCUPANCY (CO)-A certificate issued by the Town of Frisco
after completion, inspection, and approval of a new structure or change in use of
an exipting structure. The certificate states the described building has been
inspected for compliance with the requirements of the building code for the
described group and division of occupancy and the use for which the proposed
occupancy is classified. Certificates presuming to give authority to violate or
cancel the provisions of the building code or other ordinances of the Town of
Frisco shall not be valid. [Added 5-16-00 by Ord. 00-091
CERTIFIED SOLID-FUEL-BURNING DEVICE- A solid-fuel-burning device which
is certified by the Air Pollution Control Division of the Colorado Department of
Health or the Summit County Environmental Health Division to meet the emission
standards set forth in Section IV of Regulation No. 4 of Volume 1 of the Colorado
Air Quality Control Commission. [Added 3-16-1993 by Ord. No. 93-4]
CHILD DAY-CARE CENTER--Any facility providing care for four or more
?- unrelated children during the daylight hours for compensation.
COMMISSION-The Planning Commission of the town.
COMMERCIAL PROJECT - Development of attached or detached commercial
structures, for which development approval is sought under, a single or phased
development application. [Added 3-19-96 by Ord. 96-61
COMMERCIAL UNIT - A building or portion of a. building in excess of one
thousand (1,000) square feet, intended for nonresidential use, excluding boarding,
lodging, rooming and tourist homes and motel, hotel, and inns. [Added 8-6-96,
Ord. 96-14]
COMPREHENSIVE SIGN PLAN--A sign plan which identifies the number, size,
description and location of all signs for businesses on the same property or within
the same development project. [Added 9-5-95 by Ord. 95-91 [Added 5-16-00 by
Ord. 00-09]
CONDITIONAL USE-See Use, Conditional. [Amended 5-16-00 by Ord. 00-09]
CONDOMINIUM-[De
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ZONING
FREESTANDING SIGN--A nonmovable sign not affixed to a building, including but
not limited to a "pole sign", a "pedestal sign", a "ground sign" or a monument
sign. [Added 9-5-95, Ord. 95-9] [Amended 5-16-00 by Ord. 00-09]
FRONT-LIT SIGN--A sign which is Illuminated from fixtures mounted exterior to
the sign face. [Added 9-5-95, Ord. 95-9]
FRONT YARD-See Yard, Front [Added 5-16-00 by Ord. 00-09]
FULL CUTOFF FIXTURE - A light fixture that allows no significant emission
(maximum 2.5% total lumens) of light above a vertical cutoff angle of 90 degrees.
(See illustration in Section 180-20.2, Outdoor Lighting.) [Added 12-16-97 by Ord.
No. 97-19] [Amended 5-16-00 by Ord. 00-091
FULLY ESTABLISHED - Plants of such maturity that the fibrous roots have
developed so that the root mass will retain its shape and hold together when
removed from the ground or a container. [Added 3-19-96 by Ord. 96-61
[Amended 5-16-00 by Ord. 00-091
,.?.Gi?ADF, (or ADJACENT GROUND ELEVATION)-(1) The average elevation of
the land within 3 feet of the perimeter of a building; or, as the context may require,
(2) the percent of rise or descent of a sloping surface. [Amended 5-16-00 by
Ord. 00-09]
GRADE, FINISHED-The final elevation of the ground level after development.
[Added 5-16-00 by Ord. 00-091
GRADE, NATURAL-The elevation of the ground level in its natural state, before
construction, filling, or excavation. See also Natural Grade, Average. [Added 5-
16-00 by Ord. 00-09]
GRADING-Any stripping, cutting, filling or stockpiling of earth or land, including the
land in its cut or filled condition, to create new grades. [Added 5-16-00 by Ord.
00-09]
GROSS FLOOR AREA (GFA)-See Floor Area, Gross. [Added 8-16-95 by Ord.
95-7] [Amended 5-16-00 by Ord. 00-09]
4 HOME OCCUPATION-A business or profession engaged within a dwelling by a
resident thereof which is clearly incidental and secondary to the use of the
- dwelling for residential purposes. [Added 9-5-95, Ord. 95-81
HOME OFFICE-An office of convenience engaged within a dwelling by a resident
thereof where no business is conducted other than by phone,
telecommunications, or by mail and no persons are employed by the resident so
that the average neighbor will be unaware of its existence. [Added 9-5-95, Ord.
95-8] [Amended 5-16-00 by Ord. 00-09]
Cl_
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18011
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Sep 20 01 10:24a
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Town of Frisco 970 668 0677 p.3
ZONING
?`J
§ 180-11. Residential Moderate Density District
In the R-M Residential Moderate Density District, the following regulations apply:
A. Purpose: to allow for the development of residential areas which are mixture of
single-family homes and multifamily units; to promote the clustering of moderate
density residential units so as to preserve open space and scenic views; and to
encourage a broader mix of housing types.
B., Permitted uses.
(1) Single-unit detached dwellings.
(2) Duplexes.
(3) One (1) accessory housing unit per principal dwelling unit, in conjunction with
a single-unit detached dwelling or a duplex unit. [Amended 8-6-96, Ord. 96-
14].
(4) Home Offices. [Added 9-5-96, Ord. 95-8]
(5) Parks and common areas.
(6) Accessory buildings and uses.
(7) Churches situated at least twenty-five (25) feet from all lot lines.
(8) Recreational facilities, both public and private.
(9) Multi-unit dwellings to a maximum of eight (8) dwelling units per building.
C. Conditional uses.
(1) Child day-care centers.
(2) Private educational institutions.
(3) Public and quasi-public uses, institutions and services.
(4) Boarding, rooming, lodging and tourist homes.
(5) Multi-unit dwellings with more than eight (8) dwelling units per building
(6) Group care facilities (e.g., senior citizen homes, nursing homes).
(7) Home occupations. [Added 9-5-95, Ord 95-81
18021
Sep 20 01 10:24a Town of Frisco 970 668 0677 p•4
48
ZONING
r E. Development standards.
(1) If any development is to be subdivided (includes condominiumization and
time-shares) it must be declared at the time of consideration by the Planning
and Zoning Commission.
(2) Home offices shall not conduct any business other than by phone or by mail,
no persons working on premise shall be employed by the resident, no
customers shall visit the office, there shall be no exterior indication of non-
residential activity and deliveries shall not exceed volumes that would
normally be expected in a residential neighborhood. There shall be no
audible noise, detectable vibration or odor and no electrical interference
beyond the confines of the subject dwelling unit. Advertising of the business
may not include the physical address of the office. The home office shall not
occupy more than 30% of the gross floor area of the dwelling unit in question.
No more than one home office shall be permitted within any single dwelling
unit. tAdded 9-5-95, Ord. 95-8]
(3) Home occupations may necessitate customer traffic, deliveries and/or up to 2
employees. Customers or clients visiting the home shall be limited to 10 per
: day. There shall be no audible noise, detectable vibration, or odor and no
electrical interference beyond the confines of the subject dwelling unit. AnO
r1 need for parking generated by the home occupation shall be met on-premise
or as otherwise approved by the Town Council. Deliveries must not exceed
volumes that would normally be expected in a residential neighborhood, shall
not restrict traffic circulation and shall not be made with a vehicle larger than a
20 foot truck. The home occupation shall not be open to the public before 8
a.m. or later than 6 p.m. and shall not occupy more than 30% of the gross
floor area of the dwelling unit. No more than one home occupation shall be
permitted within any single dwelling unit. All home occupations must be
approved by the Building Department and Fire District. [Added 9-5-95, Ord.
95-8].
(4) An accessory building shall not occupy more than fifty percent (50%) of the lot
area. An accessory use in a principal building shall not occupy more than
thirty percent (30%) of the floor area of the principal building.
F. [Added 9-20-1988 by Ord. No. 88-6] Duplex resubdivision exception. A duplex
dwelling on a lot which meets the requirements set forth In Subsection D above may,
upon application to and approval of the Planning Commission and the Board of
Trustees, be resubdivided, provided that the resulting two (2) lots and the building
meet the following minimum requirements:
(1) Minimum lot area: five thousand two hundred fifty (5,250) square feet.
(2) Minimum lot frontage: thirty (30) feet.
18023
1 _71H
SUMMIT COUNTY DEVELOPMENT CODE
CHAPTER 15: Definitions
any use or occupancy.
Building Code: The Uniform Building Code as adopted by the Summit County Board of County Commissioners.
Building coverage: See coverage, building.
Building Department: Where this term is used in this Code, it is equivalent to the Summit County Department of
Codes Administration and Building Safety.
Building height: The vertical distance between the average elevation of a building's foundation intersect natural
grade and the highest roof elevation calculated according to Section 3505.06 of this Code. (This definition is to be
used in determining compliance with zoning regulations on building heights, and not compliance with building
code requirements. See also height of structure.)
Bunkhouse or hired hand quarters: A building providing sleeping quarters for employees working on farm or
ranch property where the building is located, which may or may not include common kitchen facilities.
Business, retail and service: A commercial establishment offering products or services for sale to the general
public where such activity causes no extraordinary impacts on adjacent uses. Examples of such businesses include
dry cleaners, beauty and barbers shops, appliance repair, stores offering sporting goods, artwork, clothing and
jewelry, books, office supplies, paint and wallpaper, but not businesses causing intense glare or heat, smoke,
odors, or vibration, or storing hazardous or radioactive materials.
Bus shelter: A small, roofed structure located near a street, and designed to provide protection and comfort to
bus passengers.
Bus terminal: A facility that provides space for arrival and departure of busses offering transportation to the
public, usually equipped with accommodations for passengers, and for fueling and servicing of busses.
CC
Campground: An outdoor area providing space for vacationers to live on a temporary basis in either tents, tent
trailers, or recreational vehicles. A campground may also include an area with rental cabins, but its primary
function is to accommodate visitors providing their own shelter. (Excludes camping on parcels of 20 or more
acres in the A-1 and NR-1 district where the number of campers does not exceed the limits on guests established
for small resorts.)
Caretaker's unit: A dwelling unit for use by a person or persons hired to look after or take charge of goods,
property or a person. In order to qualify as a caretaker's unit, a unit shall meet the criteria in Section 3804 et seq.
Cat: A carnivorous mammal, Fells catus or Fells domesticus, domesticated since early times as a catcher of rats
and mice and as a pet.
Cattle: Animals of the domesticated species Bos taurus raised for hides, meat and dairy products.
Cemetery: A place for burying the dead.
CG: Abbreviation for the general commercial zoning district. (See Section 3301.02.)
Child care, home: The use of a residence for the care of nine or fewer children other than the occupant's own
children for periods of less than 24 hours per day. Home child care is considered a home occupation (see Section
L'
SUMMIT COUNTY DEVELOPMENT CODE
CHAPTER 15: Definitions
3810).
Child care center: A facility for the care and supervision of more than nine children for periods of less than 24
hours per day, and which is licensed and approved by the Colorado Department of Health. Also includes
preschools and nursery schools. (See also child care, home.)
Church/synagogue/temple: A structure, or group of structures, which is intended for the conducting of
organized religious services and associated activities such as religious classes, child care during services, and
committee and office work. For purposes of this Code, references to churches include all of these facilities.
Clerk and Recorder: Where this term is used in this Code, it is equivalent to the Summit County Clerk and
Recorder.
Clinic: A facility providing health services, medical or surgical care for patients where overnight stays are on an
emergency basis only. (See also hospital.)
Cluster subdivision: A form of land subdivision meeting the criteria established in Section 3506.
CN: Abbreviation for the neighborhood commercial zoning district. (See Section 3301.03.)
Cocktail lounge: See bar.
Code: Where this term is used in this Code, it is equivalent to the Summit County Land Use and Development
Code, unless otherwise stated in a specific chapter or section.
Code Administrator: Where this term is used in this Code, it is equivalent to the Development Code
Administrator. The office of the Development Code Administrator is established in Section 14001.
College: See school. 0
Commercial, retail and service: See business, retail and service.
Commercial center: An area zoned for commercial development which includes one or more acres of land. A
development project containing space for retail and service businesses, and may include restaurants and offices,
which occupies or will occupy at completion more than one acre.
Common area: Land, facilities, or improvements such as open space, a clubhouse, tennis court or swimming
pool, or roads, driveways and parking areas which are located within a development and in which the owners of
the development have an undivided interest and a common responsibility for maintenance and repair.
Communications tower: A structure intended for transmitting or receiving television, radio, telephone or
microwave communications which may include parabolic dishes or microwave relay dishes mounted on the tower.
Classifications of communications towers, and definitions of these classifications are stated in Section 3805 et seq.
Community building: A facility owned by a homeowners association containing recreational or athletic facilities,
meeting rooms or office space for use by members of the association and their guests.
Community center: A facility owned or leased by a public agency or nonprofit organization offering space and
facilities for community events and activities such as use by the boy scouts or girl scouts, meetings of community
groups, and musical and theatrical productions by amateur or nonprofit organizations. Community centers may
11
SUMMIT COUNTY DEVELOPMENT CODE
CHAPTER 15: Definitions
Golf course: A large tract of land developed for the game of golf, and may include a clubhouse containing locker
rooms, food services, and sale of clothing and sporting goods associated with golf.
Government facilities: Facilities owned and/or operated by a government agency needed for the operation of
government functions. For purposes of this Code, government facilities are classified as administrative offices and
as other facilities such as equipment yards, garages for vehicle storage and repair, or impound yards. (See office,
administrative.)
Greenhouse: A building whose roof and sides are made largely of glass or other transparent or translucent
material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season
plants. For purposes of this Code, greenhouses are classified as follows:
a. commercial: A greenhouse where plants are cultivated for subsequent sale to wholesalers, retailers or to
the general public.
b. A greenhouse which is an accessory use where plants are cultivated for personal enjoyment or to enhance
the interior aesthetics of a residence or a nonresidential facility, and not for commercial sale.
Grocery store: See supermarket.
Group home: A dwelling unit located in a residential district used as follows:
a. for developmentally disabled persons: for no more than eight (8) developmentally disabled persons.
Developmentally disabled means those persons having cerebral palsy, multiple sclerosis, mental retardation,
autism, and epilepsy.
b. for persons 60 years of age or older: for no more than eight (8) persons sixty years of age or older where
this unit is not located within 750 feet of another group home for persons 60 years of age or older.
HH
Health club: A commercial facility providing instruction or equipment designed to promote or improve the health
of clients.
Height of structure: The vertical distance between the average ground surface elevation where a structure
intersects natural grade and the highest point of the structure above natural grade calculated as provided in Section
3505.06 of this Code. (See also building height.)
Heliport: An area, either at ground level or elevated on a structure, licensed and approved for the landing and
takeoff of helicopters, and any appurtenant buildings or facilities which may include parking, waiting room,
refueling, maintenance, repair or storage facilities.
Helistop: An area, either at ground level or elevated on a structure approved for the landing and takeoff of
helicopters, but which does not include refueling, maintenance, repair or storage facilities.
Hired hand quarters: See bunkhouse.
Home business: A commercial activity which is conducted by a person on the same lot as where the person
resides, where the number of people employed who reside elsewhere exceeds one, where this activity meets the
criteria and requirements in Section 3810 et seq. of this Code. (See also home occupation.)
Home child care: See child care, home.
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SUMMIT COUNTY DEVELOPMENT CODE
CHAPTER 15: Defmitions
Home occupation: A commercial activity which is conducted by a person on the same lot as where the person
resides, where this activity meets the criteria and requirements in Section 3810 et seq. of this Code. (See also
home business.)
Horse: See equine.
Horticulture: The cultivation of a garden or orchard for commercial gain.
Hospital: A facility that provides medical or surgical care and treatment for the sick and the injured, where
overnight stays are routine, and Including, as an integral part of the institution, related facilities such as
laboratories, outpatient or training facilities. (see also clinic)
Hotel/motel: A facility offering transient lodging accommodations to the general public, and may provide
additional services such as restaurants, meeting rooms and recreation facilities.
Hydro plant: A facility in which electricity is generated by conversion of the energy of running water. For
purposes of this Code, hydro plants are classified as follows:
a. large: Hydro plants having the capacity to produce more than 50 kilowatts of power.
b. small: Hydro plants having the capacity to produce no more than 50 kilowatts of power.
II
I-1: Abbreviation for the industrial zoning district. (See Section 3301.04.)
Illegal lot: A lot which did not comply with the provisions of law or regulations in effect at the time it was
created. (See also legal nonconforming lot.)
Illegal structure or use: A structure or use which did not comply with the provisions of law or regulations in
effect at the time it was constructed or established. (See also legal nonconforming structure or use.)
Impervious coverage: See coverage, impervious.
Impound yard: A fenced area used for the storage of vehicles retrieved by a towing company or by police
personnel until reclaimed by their owners, or disposed of as abandoned.
Industry: Businesses involved in the extraction and processing of raw materials, the manufacture, fabrication,
assembly, construction and invention of products, and the provision of services to commercial or manufacturing
establishments where such services usually involve the use of machinery and equipment.
a. heavy: Businesses involved in the manufacture of products rather than offering of services where the
operation does not meet the industrial/commercial performance standards in Section 3512 of this Code.
b. light: Businesses involved in the manufacture of products rather than offering of services where the
operation meets the industrial/commercial performance standards in Section 3512 of this Code.
C. service: Businesses whose primary purpose is to provide a service, as opposed to a product, to commercial
or manufacturing establishments where such services usually involve the use of machinery and equipment
and where the operation meets the industrial/commercial performance standards in Section 3512 of this
Code. Examples including tooling, machining, printing, testing and repairing of equipment.
17
4?
SUMMIT COUNTY DEVELOPMENT CODE
CHAPTER 3: Zoning Regulations
employee housing units in PUDs if the PUD designation identifies the number and specific
location of the units, and the PUD designation does not require recordation of a covenant on the
units.
3809.06: Removal of Restrictions
Where a dwelling unit has been restricted by covenant to use of employee housing, the covenant may be removed
by mutual consent of the Board of County Commissioners, the property owner and any lien holder subject to the
following findings:
A. The retention of the covenant will result in peculiar and exceptional practical difficulties to or exceptional
and undue hardship upon the property owner.
B. If the employee housing unit becomes an unrestricted unit and is added to the unit count in the project, it
will not cause the project to exceed its density limits.
3810 HOME OCCUPATIONS
Home occupations, for the purpose of this section, are certain limited commercial enterprises that are conducted
by a person in his or her residence, or on the same lot as his or her residence. Figure 3-3 and Figure 3-4
demonstrates where home occupations may be allowed in various County zoning districts. A home occupation
which may be permitted according to Figure 3-3 and Figure 3-4 must also meet the criteria stated in this Section
(3810) to be established, and must continue to comply with this criteria for the entire duration of such use.
3810.01 Conditional Use Permit
A. Those home occupations that are determined by the Planning Director to have no potential impact to the
® community will be permitted as a use by right, in accordance with the standards set forth for each specific
zone districts, as displayed in tables 3-3 and 3-4.
B. A conditional use permit is required for any home occupation deemed by the Planning Director to have a
potential impact to the community. The criteria to determine potential impacts on the community include, but
are not limited to, the following factors:
1. Anticipated traffic generation or parking demands due to the operation of a home occupation at a
specific site:
2. Anticipated noise generation due to the operation of a home occupation at a specific site;
3. Visual impacts due to the operation of a home occupation at a specific site;
4. Disruption to the character and use of the surrounding neighborhood;
5. The typical impacts generated by the specific type of business in other locations; and
6. Any impacts to the public health, safety, or welfare.
A. Issuance of any conditional use permit for a home occupation having a potential impact on the community is
further contingent upon a determination by the Planning Department that the home occupation activity
conforms to all the criteria contained in section 3810.02.
B. All conditional use permits shall be issued for an initial duration of five (5) years, with the opportunity for
renewal as set forth below in section 3810.03.
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SUMMIT COUNTY DEVELOPMENT CODE
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3810.02 Criteria for Approval is
In order for any commercial activity to be recognized as a valid and permissible home occupation, and for a home
occupation conditional use permit to issue accordingly, the following criteria shall be met:
A. At all times, the activity shall be located on the same lot as the residence of the person conducting the home
occupation.
B. The activity shall be contained within a closed building, except for home day care.
C. The location of the home occupation shall not interfere with the provision of mandatory parking spaces for that
property, pursuant to the Code.
D. All home occupation activities conducted on any location must be conducted only by the person(s) who reside
at that location, and no more than one other person who resides at any other location. This limitation of one
additional person shall apply without limitation to any employee, independent contractor, officer, agent,
partner, volunteer, or any person serving in any other capacity for the benefit of the home occupation.
E. The person(s) conducting the home occupation must have his or her primary residence on the property at all
times, and all home occupation activities must remain incidental and secondary to the use of the property for
residential purposes. The amount of space used for the home occupation activity, including any storage, shall
at no time exceed 25% of the total building square footage contained on the property, inclusive of all
structures located thereon; nor shall the space used for the home occupation activity exceed 50% of any
individual structure located thereon. This provision does not apply to home day care.
F. The home occupation activity shall not result in any objectionable noise, fumes, dust or electrical disturbance,
as shall be determined by the Planning Department in its sole discretion.
G. The home occupation activity shall not result in any increase in traffic volumes in the immediate
neighborhood, as shall be determined by the Planning Department in its sole discretion. All storage shall meet
the provision specified in Section 3505.11, Section 3505.12 and Section 3815 of the Code.
H. No home occupation activity may include any window or outdoor display of goods, any stock in trade, or any
other commodities. No home occupation activity may conduct retail sales on the premises (no physical
exchange of goods or merchandise may occur on the property).
I. No dwelling unit where a home occupation activity is located may he utilized as a point of customer pick up or
delivery.
J. Any customer pickup or delivery associated in any way with any home occupation activity must be at a
designated point outside of the dwelling unit, subject to the prior review and approval by the Planning
Department, in its sole discretion.
K. Any signs advertising a home occupation activity must first be reviewed and approved in accordance with the
Summit County sign regulations contained in Chapter 9 of this Code.
L. All home occupation activities must adhere to all provisions of the Summit County Land Use and Development
Code, except for any provisions expressly limiting the use of the subject property to residential purposes.
M. The Planning Department, in its sole discretion, may impose any additional conditions of approval upon any
conditional use permit In order to ensure that the criteria set forth herein, and the purpose and intent of this
section 3810, are met and adhered to.
3810.03 Permit Renewal
Upon a permit holder's demonstration, to the satisfaction and approval of the Planning Department, that all
conditions and criteria set forth in the initial permit have been complied with for the duration of said permit,
conditional use permits for home occupation activities may be renewed for a period of up to five (5) years.
Renewal of such permits may be denied pursuant to the standards and procedures set forth in sections 3810.02 and
3810.05.
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CHAPTER 3: Zoning Regulations
3810.04 Permit Transferability
No conditional use permit for a home occupation may be transferred upon sale or lease of the subject property, nor
may such permit be otherwise assigned or sold to another person and/or business. Any new landowner or lessee
desiring to continue the home occupation activity at issue must apply for a new conditional use permit.
3810.05 Permit Revocation for Nome Occupation Conditional Use Permits Issued after November 06, 2000
A. If, upon review at any time, the Planning Director determines that the permit holder has failed to comply with
any of the conditions or restrictions imposed by this section 3810, by the home occupation conditional use
permit itself, or by the representations and assertions made by the applicant in his or her initial permit
application, the Planning Director may take such action as is deemed necessary to remedy the noncompliance,
including but not limited to revocation of the conditional use permit.
B. The administrative decision to revoke such conditional use permit shall be made only after the issuance of
notice to the permit holder regarding the asserted noncompliance, and the provision of an opportunity for the
permit holder to make a formal response, within ten (10) days of receipt of notice, to the Planning Director
regarding any asserted noncompliance. Any applicant desiring to appeal the Planning Director decision may
do so as per Section 13600 of the Code.
3810.06 Revocation for Home Occupation Approvals Issued Before November 06, 2000
A. Any individual conducting any home occupation activity, previously approved by the Planning Department
prior to November 06, 2000, must adhere to and comply with the following criteria at all times:
1. The activity shall be located on the same lot as the residence of the person conducting the home
occupation, and the activity shall be contained within an enclosed building. The location of the home
occupation shall not interfere with provision of required parking spaces.
2. The activity Is carried on by the person(s) who reside at this location, and no more than one person
residing elsewhere is employed to work at this location.
3. The activity is incidental and secondary to the use of the property for residential purposes. The amount of
space used for the activity does not exceed 25% of the total building square footage contained on the
property.
4. The activity does not result In any objectionable noise, fumes, dust or electrical disturbance, nor does it
increase traffic volumes or amount of parking in the immediate neighborhood.
5. The activity does not include any window or outdoor display of goods, stock in trade, or other
commodities, and does not include any retail sales on the premises. A dwelling unit where a home
occupation is located shall not be used as a point for customer pickup or delivery.
6. Any signs advertising a home occupation comply with the County Sign Regulations (Chapter 9).
7. The person conducting the home occupation has registered with the Planning Department, and has
received approval from the Planning Department that the activity conforms to the criteria in this section
(3810.01).
B. If, upon review at any time, the Planning Director determines that an individual conducting such a home
occupation activity, as previously approved by the Planning Department, has failed to comply with any of the
above referenced conditions or restrictions, or of the representations made by that individual in his or her
initial application for approval, as to the scope or focus of the business, the Planning Director may take such
action as is deemed necessary to remedy the noncompliance, including but not limited to revocation of the
prior approval for such home occupation activity.
C. The administrative decision to revoke such prior administrative approval for home occupation activities shall
be made only after the issuance of notice to the permit holder regarding the asserted noncompliance, and the
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SUMMIT COUNTY DEVELOPMENT CODE
CHAPTER 3: Zoning Regulations
provision of an opportunity for the permit holder to make a formal response, within ten (10) days of receipt of
notice, to the Planning Director regarding any asserted noncompliance. Any decision by the Planning
Director to revoke prior approval may be appealed to the Summit County Board of County Commissioners
within 10 days of receipt of written notice of such revocation, otherwise that decision shall be final and not
subject to appeal. All appeals shall be heard at the first public hearing of the Summit County Board of County
Commissioners which is scheduled no less than fourteen days after an appeal is filed by the permit holder.
3810.07 Examples of Home Occupations
The following is a list of examples of certain enterprises, some of which shall be permitted as a use by right, and
others which would qualify as a home occupations subject to a conditional use permit. This list is for illustrative
purposes only, and shall not be deemed to be an affirmative representation on behalf of the County. The
determination whether or not a particular enterprise qualifies, as a home occupation shall be made by the Planning
Department, in accordance with these regulations and the guidance provided in Tables 3-3 and 3-4.
A. Businesses typically permitted as a use by right (no impact):
1. Office of a minister, priest, or rabbi;
2. Home childcare;
3. Office for a home based computer or Internet business, with no direct client contact.
B. Businesses permitted, with potential impacts which would necessitate a staff level review to determine the
probable scope of such impacts and whether or not conditional use permit approval may required.
1. Office or studio of an artist, musician, lawyer, architect, engineer, real estate broker, accountant or other
professional or consultant, with no more than one client at a time;
2. Dressmaking;
3. Home based Internet related businesses, with no more than one client at a time;
4. Teaching, with instruction limited to no more than one pupil at a time
C. Permitted, with impacts which likely necessitate staff level conditional use permit approval.
1. Office or studio of a physician or dentist
2. Hairdressing studio
3. Home day care over 9 children
4. Any proposed home business that may have potential, substantial impacts to the community, such as
traffic, noise, visual or other impacts to the public, health or welfare
3810.08 Findings of Fact Regarding Amortization Process
In establishing a regulatory program for the approval of home occupation activities, the Board of County
Commissioners of Summit County finds as follows: Home occupation activities which have any potential impact to
the surrounding community and either (1) never obtained approval from the Planning Department or (2)
commenced after November 06, 2000 and are not conducted pursuant to a valid conditional use permit, are
considered to be illegal nonconforming home occupation activities.
A. Home occupation activities approved by the Planning Department before November 06, 2000, which have any
potential impact to the surrounding community and are not conducted pursuant to a valid conditional use
permit, are considered to be legal nonconforming home occupation activities.
B. Legal, non-conforming home occupation activities were not subject to the standards and criteria that apply to
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SUMMIT COUNTY DEVELOPMENT CODE
CHAPTER 3: Zoning Regulations
provision of an opportunity for the permit holder to make a formal response, within ten (10) days of receipt of
notice, to the Planning Director regarding any asserted noncompliance. Any decision by the Planning
Director to revoke prior approval may be appealed to the Summit County Board of County Commissioners
within 10 days of receipt of written notice of such revocation, otherwise that decision shall be final and not
subject to appeal. All appeals shall be heard at the first public hearing of the Summit County Board of County
Commissioners which is scheduled no less than fourteen days after an appeal Is filed by the permit holder.
3810.07 Examples of Home Occupations
The following is a list of examples of certain enterprises, some of which shall be permitted as a use by right, and
others which would qualify as a home occupations subject to a conditional use permit. This list is for illustrative
purposes only, and shall not be deemed to be an affirmative representation on behalf of the County. The
determination whether or not a particular enterprise qualifies, as a home occupation shall be made by the Planning
Department, in accordance with these regulations and the guidance provided in Tables 3-3 and 3-4.
A. Businesses typically permitted as a use by right (no impact):
1. Office of a minister, priest, or rabbi;
2. Home childcare;
3. Office for a home based computer or Internet business, with no direct client contact.
B. Businesses permitted, with potential impacts which would necessitate a staff level review to determine the
probable scope of such impacts and whether or not conditional use permit approval may required.
1. Office or studio of an artist, musician, lawyer, architect, engineer, real estate broker, accountant or other
professional or consultant, with no more than one client at a time;
2. Dressmaking;
3. Home based Internet related businesses, with no more than one client at a time;
4. Teaching, with instruction limited to no more than one pupil at a time
C. Permitted, with impacts which likely necessitate staff level conditional use permit approval.
1. Office or studio of a physician or dentist
2. Hairdressing studio
3. Home day care over 9 children
4. Any proposed home business that may have potential, substantial impacts to the community, such as
traffic, noise, visual or other impacts to the public, health or welfare
3810.08 Findings of Fact Regarding Amortization Process
In establishing a regulatory program for the approval of home occupation activities, the Board of County
Commissioners of Summit County finds as follows: Home occupation activities which have any potential impact to
the surrounding community and either (1) never obtained approval from the Planning Department or (2)
commenced after November 06, 2000 and are not conducted pursuant to a valid conditional use permit, are
considered to be illegal nonconforming home occupation activities.
A. Home occupation activities approved by the Planning Department before November 06, 2000, which have any
potential impact to the surrounding community and are not conducted pursuant to a valid conditional use
permit, are considered to be legal nonconforming home occupation activities.
B. Legal, non-conforming home occupation activities were not subject to the standards and criteria that apply to
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SUMMIT COUNTY DEVELOPMENT CODE
CHAPTER 3: Zoning Regulations
those same such activities which commenced after November 06, 2000. Furthermore, such legal, non-
conforming activities are not subject to a permit renewal review, and the County has difficulty monitoring
compliance with the applicable limitations established for such businesses. Accordingly, such legal, non-
conforming activities, not subject to the same degree of administrative oversight, are more capable of
expanding the scope of business operations to a level outside of the acceptable parameters set forth at the time
of initial Planning Department approval. Such legal, non-conforming home occupations are also more likely
to have a substantial impact on the neighboring community, propagate a mistaken impression that such uses
are allowed in residential areas, and therefore present a greater threat to general objectives of the Countywide
Comprehensive Plan and subbasin master plans to promote economic vitality while preserving a sense of
community.
C. The costs and burdens of obtaining a conditional use permit, and renewing such a permit every five years, are
not substantial, and are not anticipated to exceed $340.00. Accordingly, providing an amortization period of
two years to allow legal nonconforming home occupations to come into compliance with these regulations by
applying for and obtaining a conditional use permit for their home occupation activities, allows the individual
conducting such activities to continue to enjoy the useful economic advantages of their current approval before
such a permit must be obtained.
D. The amortization schedule contained herein is reasonable, and strikes a balance between the costs and
inconveniences imposed upon the individual, and the risks to the public health, safety and welfare such legal
nonconforming home occupation activities present.
3810.09: Mandatory permit process for legal nonconforming home occupations
A. Legal, non-conforming home occupation activities approved by the Planning Department prior to November
06, 1998 shall have until November 06, 2002 to obtain a conditional use permit, in order to continue such
activity.
B. Legal, non-conforming home occupation activities approved by the Planning Department after November 06,
1998 but prior to November 06, 2000 shall have until November 06, 2003 to obtain a conditional use permit in
order to continue such activity.
3811: Lumbering
Reserved.
3812: Mining
Reserved.
3813: Outdoor Display of Artwork
Artwork is defined as a man-made work which exhibits a sense of design and aesthetics, including but not limited
to, sculpture, mobiles, mosaics, murals, crafts, paintings, or works using mixed media. Works containing words,
letters, figures, designs, symbols, fixtures, colors, illumination or projected images where these items are used for
advertising purposes to identify, display, direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means shall be considered signs, and shall meet the
requirements of the County Sign Regulations (Chapter 9). Outdoor display of art is the placement of an artwork in
an area outside of a building or enclosed structure so it is visible from adjacent properties or from street rights-of-
way. The allowance for the outdoor display of artwork shall not be construed to permit the storage of
84
The ? ma.
VAIL VALLEY
CHAMBER
O f C o m m e r c e
2002 MERGER FUNDING REQUEST
INCREMENTAL SERVICES
TO BE
PROVIDED BY THE MERGED
VAIL VALLEY CHAMBER OF COMMERCE
AND
VAIL VALLEY TOURISM AND CONVENTION BUREAU
Transition Task Force
Beth Slifer, Chamber Board, Slifer Designs
Brian Nolan, Chamber Board, Blue Moose Restaurant
Steve Pope, Chamber Board, Vail Daily
Kathy Cleaver, Chamber Board, Cloudshadow Consulting
Arn Menconi, Chamber Board, SOS, Eagle County Commissioners
Gary Fries, VVTCB Board, Vail Cascade Hotel
Stan Cope, VVTCB Board, Lodge Tower
Tom Stone, VVTCB Board, Eagle County Commissioners
Chris Jarnot, VVTCB Board, Vail Associates
C/o Vail Valley Chamber of Commerce
P.O. Box 1437
Avon, CO 81620
August 30, 2001
9
L
BACKGROUND
U
0
The Vail Valley Chamber of Commerce was founded in 1982 as the Upper Eagle Valley
Chamber of Commerce. Its purpose was to "preserve the competitive enterprise system of
business and promote business and community growth and development." During the
organization's evolution and a number of name changes (Western Vail Valley Chamber
of Commerce, Western Vail Valley Resort Association, Avon Beaver Creek Resort
Association, The Chamber of Commerce), the Chamber has always had a regional focus,
providing programs and services that support and educate the business community and
residents.
Since renaming itself The Chamber of Commerce in 1991, the organization has continued
to focus on providing services that support the changing needs of the business
community. Member benefit strengths shift from money-saving or business training
needs, to workers comp insurance or employee benefit issues in a particular year. The
Chamber is fortunate to have the flexibility to alter its emphasis, based upon the demands
of the membership.
The Chamber has always been involved in efforts affecting the community, and has
attempted to effect positive change. Issues such as the transportation tax to form a county
transportation program, the formation of a regional marketing district, addressing
customer service training needs for businesses, are undertaken by the Chamber to fulfill
the vision of propelling the community forward to be successful.
An evaluation of the effectiveness and duplication of community services and programs
' by the Chamber board, allowed for the opportunity to begin a process to bring
cohesiveness to our community. It was learned that the message being delivered to not
only our constituents, but also to guests and potential visitors, was confusing and
inconsistent. In March of 2000, the Chamber board initiated a discussion process with the
board of the Vail Valley Tourism & Convention Bureau, to determine how we could
more effectively work together for the betterment of the community. With the discussion
I evolving to combining entities, the group broadened to include greater input from the
community at large. Consensus demonstrated a merger was indeed the path to follow,
and to coordinate efforts for better simplification.
The Vail Valley Chamber believes that a merger with the Vail Valley Tourism &
Convention Bureau will allow for stronger and larger programs and services to be offered
to our community, and the business community will be united under one entity. Though
we are still in the process of receiving approval from our respective memberships,
sentiments indicate strong support to merge. Friday, August 31 S`, is the deadline for
members of both organizations to approve the merger.
Through a merger, the leadership of both organizations will create THE business
organization prepared to lead the community into the next 30 years of resort
DOMINANCE.
2
FUNDING REQUEST
The Boards of Directors of the Vail Valley Chamber of Commerce and the VVTCB
welcome the Avon Town Council's participation in this extraordinary opportunity to
better enhance our future. A work-session discussion of the merger was held on August
14th, prior to your consideration of funding proposals, so the details of the merger and its
ramifications should be clear.
The Chamber has demonstrated the ability to fund and manage the business support and
networking operations and programs offered. All Chamber financial records are kept on
file at Vail Bookkeeping and Accounting's office in Avon. Records are open to public
review. Further, the VVTCB has proven its competence to fund and manage the
marketing activities provided to the Vail community. By consolidating the business
support services and the visitor center service provided by the Chamber with the
marketing and visitor services operations of the VVTCB, efficiencies can be realized, that
will serve to enhance and expand the already successful programs offered by both
organizations. The combining of Boards of Directors and memberships also provides the
support base necessary to begin offering a range of new actions, such as Public Advocacy
and Economic Enhancement on behalf of the business community.
New programs will be funded by investments from the most significant governmental
entities, including the Town of Avon, who will gain from the improved business services
affecting residents and our workforce, improved year-round economic stability, and
potential incremental sales tax generated from the success of the enhanced programs, and
major business entities within the area. An initial incremental funding requirement of
' $600,000 has been established, shared as follows:
Town of Avon $100,000
Town of Vail $100,000
Eagle County Government $100,000
Beaver Creek Resort Company $100,000
Beaver Creek Mtn. Operations $100,000
Vail Mountain Operations $100,000
I Proposed new programs and budget detail s follow.
3
I
i
FIRST YEAR PRIORITIES OF NEW DEPARTMENTS
Outlined below are the proposed first year responsibilities and goals of the new
departments created by funding from the proposed funding partners. Shortfalls in funding
of the new programs will cause revisions in the scope of work proposed.
Economic Enhancement Department
Principle Responsibilities
1. Establish Economic Development collaborative task force to identify direction of
effort.
2. Develop blueprint for diversifying business base in the resort community to move
to a more sustainable year-round economy.
3. Encourage expansion of year round air service into Ea
gle County Regional
Airport.
4. Work with area landlords to establish "business friendly" practices.
1 5. Promote active community reinvestment among all local financial institutions.
6. Provide creative financing and affordable capital for business growth through
' public/private partnerships.
7. Establish working knowledge of grant/financial aid opportunities relating to
economic development projects.
8. Explore partnership with Regional Airport and Jet Center to establish ways to
inform travelers and capture their business.
4
Service Quality Assurance Department
Principle Responsibilities:
1. Expand Lodging Quality Assurance program and concepts to include overall
service quality improvement in sectors such as Retail and Restaurant.
2. Lead in the continued development and implementation of year-round service
quality "shopping" programs in the business community.
3. Develop Service Quality Assurance program utilizing objective "shopping",
manager/employee training and reinforcement techniques.
i 4. Improve Manager/Employee leadership, management skills, and guest
relationship skills training opportunities to reinforce standards established by
service quality assessment programs.
5
Employee Recruitment/ Retention Department
Principle Responsibilities:
1. Develop community-wide recruiting programs to assist in developing qualified
employee pool and stable year-round workforce.
2. Establish relationships with "hospitality" programs at major universities to
explore internship opportunities.
3. Research and develop employee recruitment opportunities through "Work Keys"
program.
4. Develop working relationship with INS and government officials to assist in
securing alien workforce. Coordinate efforts on behalf of business community.
5. Develop process for procurement of visas for work-training programs in hotels
and restaurants
6. Working with Service Quality Assurance program, establish incentive/recognition
program to reinforce extraordinary service.
' 7. Develop reduced cost health insurance program and other similar benefits to assist
smaller employers with employee retention. Further coordinated efforts to provide
' families and businesses with higher quality and more affordable childcare options.
6
I Public Affairs Department
Principle Responsibilities:
1. Develop relationships with other lobbying organizations within Vail Valley
community and at the county and state level to leverage dollars.
2. Establish and strengthen relationships with elected officials at local, county, state,
and national level, and local business groups.
3. Determine county, state, and national "hot issues" list based on input from VRI,
VVF, Merchant Groups and business community, and determine who follows
these issues at the legislative level.
4. Attend all County Commissioner meetings.
' 5. Attend town council meetings in Vail, Avon, Eagle, Minturn as needed to
represent the interests of business members.
6. Develop "One Community Leadership Coalition" to help define and address "hot
issues" within the region.
' 7. Coordinate efforts with local and state businesses and lobbyists to address state
health insurance laws. Investigate opportunity to provide tax incentives in relation
' to continually higher health care costs.
7
MERGER BUDGET
A preliminary working budget for the consolidation of the Chamber with the VVTCB
and the implementation of the aforementioned new programs follows. This budget
assumes that income and expenses of both organizations remains the same for Contracted
and Non-contracted services, except as noted below. Since both the Chamber and
VVTCB are not-for-profit corporations, both operate on a break-even or slightly below
' break-even basis. Highlights of the attached "Working Budget Summary-Operations &
Contracts" are as follows:
I ? Destination Sales & Marketing Functions includes Group Sales, Central
Reservations, Communications, and Cooperative Marketing programs of the
VVTCB. (It does not include marketing expenditures of the Vail Local Marketing
District administered by the VVTCB Staff.)
? Information Services functions are carried out by the Chamber under a contract with
1 the Town of Avon, and Special Events and Information Services functions are carried
out by the VVTCB under a contract with the Town of Vail. [The merged entity will
review funding and operations of Information Services after year one, and look to
expand and provide a seamless, county-wide service.]
? Business Services income reflects a decrease in the combined organization due to the
' elimination of overlapping dues paid by members of both organizations (16% overlap
in membership), and the elimination of existing contributions to the Chamber by Vail
Resorts, the Town of Vail, and Beaver Creek Resort Company replaced in the
' Funding Partner Support category.
? The reduction in Undistributed Expense is a result of elimination of duplication in
expenses as a result of consolidation.
A detailed budget for implementation of the new programs also follows. In order to bring
on staff at the appropriate expertise levels to execute successful Public Affairs, Economic
Enhancement, Employee Attraction/Retention, and Service Quality Assurance programs
and provide them with the tools and resources to accomplish their goals, a budget of
$600,000 is required.
Equal financial investments of $100,000 from the following entities will make these
enhanced services possible. These investments represent incremental new funding.
Beaver Creek Mountain Operations
Beaver Creek Resort Company
Eagle County Government
Town of Avon
Town of Vail
Vail Mountain Operations
(Please see following Merger Working Budget Summary and Budget of New Functions.)
8
C 1
Workin Bud et Summa - Operations & Contracts
INCOME: WTCB 2001 Chamber 2001 Combined Totals Combined Totals
Budget: Budget Combined Totals less duplicate I including new
income functions
Destination Sales $ Mkt Functions
$1,864,444 $0 $1,864,444 $1,864,444 $1,864,444
S ecial Events Functions- Vail S ecific $694,543
$0
$694,543
$694
543
, $694,543
Lod in Qualit Assurance Functions $289
500
, $0 $259,500 $259,500 $259
500
Information Services Functions ,
$251,900 $73,700 $325,600 $325,600 $325
600
Public Affairs Functions ,
$o
' Economic Development $o $o $o $o
$o
$o
$o
$o
$o
Business Services
$215,770
$237,994
$453,764
$354,764
$354
764
Networking/ Community Events ,
$o
$31,000
$31,000
$31,000
$31
000
Fundin Partner Su ort ,
$600
000
TOTAL INCOME: ,
$6
286
157 $342
69
,
, ,
4 $3,628,851 $3,529,851 $4,129,851
' EXPENSE:
Destination Sales $ Mkt Functions
' $1,645,637
$0
$1,645,637
$1,645,637
$1
645
637
S ecial Events Functions- Vail Specific $783
321 ,
,
' Lod in Qualit Assurance Functions , $0 $783,321 $783,321 $783,321
$254,629
$0
$254,629
$254,629
$254
629
Information Services Functions ,
$344,381
$100,175
$444,556
$444,556
$444
556
Public Affairs Functions ,
Economic Development $o
$0
$0
$0
$127,425
BUSIneSS SerVICBS $o
$0
$0
$0
$146,975
$0 $157,592 $157,592 $157,592
$351
492
Networking/ Community Events ,
$0 $27,500
$27,750
$27,750
$27
750
Undistributed Expense ,
$214,104
$82,723
$296,827
$270,577
$270,577
TOTAL EXPENSE:
$3,242,072 $667,990
$3,610,312
$3,584,062
$4,052,362
NET INCOME: $44,085 ($25,296) $18
539
, (554,211) $77,489
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Budget of New Functions
Expense Details
Public Affairs
Salary Expense (1.5 FTE)
Taxes
Benefits
Contract Exp
Misc. Office / Dues
Travel
Entertainment
Publications
Total Expense:
Economic Development
Salary Expense (1.5 FTE)
Taxes
Benefits
Misc. Office / Dues
Travel
Programs
Entertainment
Publications
Total Expense:
Business Services
Employment Service
Salary Expense (1.5 FTE)
Taxes
Benefits
Education
Misc. Office /dues
Travel
Entertainment
Total Expense:
Personnel
Operating
78,500
6,025
9,000
12,000
6,250
1,450
3,000
11,200
127,425
Personnel
Operating
78,500
6,025
9,000
6,250
4,500
20,000
3,000
19,700
146,975
Personnel
Operating
105,525
21,900
93,525
53,450
Guest Satisfaction/Service Quality
63,500 Salary Expense (1.5 FTE) 58,500
4,900 Taxes 4,450
9,000 Benefits 7,800
1,000 Misc office 3,250
6,000 Programs 25,000
5,000 Travel 1,500
3,000 Entertainment 1,000
92,400 Total Expense: 101,500
77,400 Personnel 70,750
15,000 Operating 30,750
Total New Functions Expense: 468,300
2002
? TOWN OF AVON AND
VAIL VALLEY CHAMBER OF COMMERCE
VISITOR INFORMATION CENTER
PARTNERSHIP
RESPECTFULLY SUBMITTED BY
JEN BROWN AND THE BOARD OF DIRECTORS
OF THE VAIL VALLEY CHAMBER OF COMMERCE
P.O. BOX 1437
I AVON, CO 81620
949.5189
I
0
TOWN OF AVON AND VAIL VALLEY CHAMBER
INFORMATION CENTER PARTNERSHIP
4. Purpose of Organization:
Mission: The Chamber of Commerce exists to contribute to positive economic growth, influence
the quality of life for members, residents and guests, and promote the businesses of the member
region.
Vision: The Chamber of Commerce will be a member-driven, regional organization, which
grows with the community to make it a superior place to live, work and visit.
5. Amount requested from Town of Avon:
Town of Avon 2002 Re uest 2001 Request
$109,905 $100,000
Please see attached Visitor Center Budget.
6. Requests from other agencies: No other agencies fund the Information Center.
7.a. Description of Organization
The Town of Avon and the Chamber partner to operate the Visitor Information Center for the
purpose of implementing guest services to make a positive impression on our guests and arm the
guest and resident with accurate details and a clear message of what the Vail Valley offers.
The Visitor Center personally services over 17,000 annual inquiries and is complemented by our
comprehensive website. The Visitor Center staff boasts over 60 years worth of history and
knowledge of our area, and one staff member is multi-lingual addressing the needs of our Spanish
speaking guests, and members of the community. Based upon previous research, we know that
people prefer to receive information through human contact and seek personal opinions and
r recommendations.
Being the gateway to year-round resort activity, Avon's investment in the Visitor Information
Center ensures capturing traffic and guest dollars that might otherwise be spent in a different
location in the valley, especially considering that the only other information centers in the valley
are 30 miles apart. (One in Eagle and two in Vail.)
I
TOWN OF AVON AND
VAIL VALLEY CHAMBER
INFORMATION CENTER PARTNERSHIP
7.b. Supporting Information/ benefits to the Avon Community
• The Visitor Information Center services over 17,000 annual inquiries. (Please refer to
handout.)
• The Chamber represents the highest concentration of businesses from Avon- 72% (179/250
Avon business licenses.) These 179 businesses receive money saving and marketing benefits
from the Chamber, including capitalizing on the 17,000 annual inquiries received and
r marketing their business through the Visitor Center.
• Because there is no cohesive countywide information service, each community within the
Vail Valley provides its own information service. Avon's Visitor Center is a value to the
town, the businesses, and our guests.
• In 1991, Avon initiated the Information Center with the Chamber, recognizing the need to
offer the service. The town assisted the Chamber in securing our current location. The Board
and staff of the Chamber would agree that with the growth and evolution of our community
over the past few years, the Information Center location could be improved. Over the past
year-and-a-half, staff has been working with the town to provide a viable alternative. At this
point, there is not an alternative location that best serves the needs of the town and our guests.
We would like to work with the town in identifying potential new locations for the future,
including a site at the Village at Avon.
• Avon's business mix provides products and services that no other community offers.
Opportunity exists to continue building the local service base, and with the addition of the
Village at Avon, Avon will be larger than any of the other communities in the Vail Valley.
Information services should be a part of the future growth of the town.
u
TOWN OF AVON AND VAIL VALLEY CHAMBER
INFORMATION CENTER PARTNERSHIP
7.c.
2002 Visitor Information Center Expense Totals
2002 Chamber Budget 2002 Visitor Center Budget
Total Office Expense $48,400 $20,350
Total Occupancy Expense $52,600 $19,551
Total Personnel Expense $99,477 $49,400
Total Expenses $200,477 $109,905*
' Optimal hours of operation of Information Center Monday through Sunday, 52 weeks per year,
(9:00 a.m.- 5:00 p.m.) * Please see attached Visitor Center Budget, Staffing Breakdown and
2000-2001 Annual Requests.
' 7.d. Marketing Effect
It is difficult, if not impossible, to measure the marketing effect that the Visitor Information
Center has on the Town of Avon. Thanks to the Town of Avon, adequate Tourist Information
signage exists to drive traffic to the Visitor Center location. Given the proximity to Wal-Mart and
City Market, traffic flows into the Visitor Center. Combining these ideas, in addition to the
marketing and events programs that the town participates in, Avon continues to develop its brand
image. It takes numerous avenues, and significant means to attain brand recognition through
marketing, and Avon's efforts are rewarded, and benefit from its proximity to two world-class ski
resorts.
The Visitor Center provides people with supplemental information on the area to entice them to
visit, and the Center services guests once they have arrived in our community, with the goal of
ensuring return visits based upon the guest experience. Businesses throughout the community
recognize the need for Information Services between Vail and Eagle. (Eagle's visitor center is
closed in the winters.)
7
U
TOWN OF AVON AND VAIL VALLEY CHAMBER
INFORMATION CENTER PARTNERSHIP
I
7.e. Progress Report
The Vail Valley Chamber would like to continue partnering with the town and the community at
large to provide a viable Information Services solution that we can all agree upon. The Chamber
would like to partner with Avon to build Information Center infrastructure that can sustain future
growth, and would be happy to work with council and developers to find real estate and create
additional services, as the town grows eastward.
I suggest quarterly meetings with the town to commence in January to begin a strong process of
open communication and strategic planning for the future of Avon's Information Services.
The Visitor Center does not accept commissions, or make reservations unless requested, making
it difficult to provide you with exact facts and figures that translate into a dollar value.
=> A merger between the Vail Valley Chamber of Commerce and the VVTCB may
occur. If a merger does occur, Information Services functions will be
consolidated in the new organization, with the understanding that different
Information Service contracts occur for Avon and Vail.
Value Added Services Provided to the Visitor Information Center and the Town of
Avon by Chamber:
' • One voting seat on Chamber Board of Directors.
• Shared overhead expenses with Chamber. (Office, Occupancy, Personnel.)
• Production of Vail Valley Visitor's Map (Includes Chamber staff time.)
• Production of Relocating to the Vail Valley Publication.
• Comprehensive Website Maintenance.
• Backup support for Information Center staff.
• National Communication System After hours Callboard.
• Host Candidate and Issue Forums.
• Affordable Conference & Training Room use for business meetings.
I • Summerfest Beer Sales.
• Business & Consumer Tradeshow education for Visitor Center Staff. Staff training at
other programs and concierge events in community.
I • Town of Avon representation on web site with hyperlink.
• Unmanned Edwards Kiosk (Inside Wendy's) including Avon specific information.
1
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Line Items
Office Expenses
Copier
Computer
Advertising
Web site
Charge Card
Insurance
Accounting/Legal
Office Supplies
Postage
Total Office Expenses
Occupancy Expenses
Storage
Repair & Maintenance- cleaning
Repair & Maintenance-supplies
Rent- $10/ sq.ft.
Phone
Voicemail
ISDN Line
Utilities
Total Occupancy Exp
Personnel Expenses
Full Time Staff Person
Part-time staff
Part-Time Payroll Taxes 15%
Visitor Center Benefits
Bus. Manager/ HR
Total Personnel Expenses
Total Expenses
2002 Visitor Center Budget
Year 2002 TOA Info
% of Actual Center
expense Budget Total
25% $5,400 $1,350
50% $3,000 $1,500
20% $6,000 $1,200
50% $3,200 $1,600
50% $500 $250
50% $3,300 $1,650
50% $4,000 $2,000
40% $7,000 $2,800
50% $16,000 $8,000
$48,400 $20,350
Avg>>
50% $3,000 $1,500
35% $6,100 $2,135
50% $850 $425
33% $33,320 $10,996
50% $3,530 $1,765
33% $1,000 $330
50% $1,200 $600
50% $3,600 $1,800
$52,600 $19,551
Avg>>
95% $27,040 $25,688
95% $22,360 $21,242
95% $7,410 $7,040
95% $7,667 $7,284
25% $35,000 $8,750
$99,477 $70,004
$200,477 $109,905
2002 Visitor Center Staffing
January 1, 2002- December 31, 2002
Optimal hours of operation: Monday - Sunday (9:00 a.m.- 5:00 p.m.) , 2,912 hours per year.
Mon: 1.5 staff (11 staff hours) $134/ day x 1 day= $134
Tues, Thurs & Fri: 2 staff (24 staff hours) $184/day x 3 days= $552
Wed: 1 staff (8 staff hours) $104/ day x 1 day= $104
Sat & Sun: 1 staff (16 staff hours) $80/day x 2 days= $160
$950/ week*
Staffing Cost: ($950/ week x 52 weeks) $49,400.00
* One Full Time Staff, M-F: $13/hour
Two Part Time Staff: $10/hour
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VAIL VALLEY CHAMBER OF COMMERCE
2000 & 2001 INFORMATION CENTER INQUIRIES
WALK-INS PHONE CALLS E-MAILS LETTERS FAXE WEBSITE SESSIONS
YEAR 2000 <2001 2000 2001 2000 2001 2000 2001 2000 2001
MONTH
JAN. 523 307 1288 569 50 79 8 2 N/A 4
366
FEB. 501 337 740 459 109 41 18 3 N/A ,
4,175
MARCH 683 579 752 580 66 55 5 13 N/A 5
851
APRIL 395 340 644 461 47 79 0 23 N/A ,
N/A
MAY 463 431 664 678 100 101 7 3 N/A 3
454
JUNE 1051 1095 567 725 51 102 4 3 2,817 ,
5,297
JULY 1498 1312 499 712 54 81 4 4 3,399 5
557
AUG. 1190 567 65 8 6 2,230 ,
SEPT. 932 ** 589 ** 86 39 ** 3,059
OCT. 517 614 ** 137 ** 15 ** 6,446
NOV. 339 681 106 8 ** 3,387 ?
DEC. 296 " 414 41 ** 2 3,661
TOTAL 8388 4401 8019 4184 912 538 118 57 24,999 28,700
** Not Avai lable Yet
TOTAL INQUIRIES FOR 2000: 17,319
The Chamber of Commerce
08/29/01 Budget Overview
January through December 2002
Ordinary Income/Expense
Income
Non-Dues Program Income
10431 • Relocating Magazine Income
10434 • Expo Income
10436 • Blue Jeans Lobster Party
10437 • Scholarship income
10441 • Beverage (Bob's SummerFest)
10442 • Community Mixer
10442.1 • Previous Year
10442.2 • Current Contributions
Total 10442 • Community Mixer
Total Non-Dues Program income
Operating Income
10433 • Membership
2002 Members
10433.5 •2001 Members
Total 10433. Membership
' 10438 • Interest income
10439 -Other Income
10439.1 • Labels
10439.4 • Relocation
10439.7 • Sales Tax Vendor Fees
10439.8 • Meeting Space Rental
Total 10439.Other Income
10443 • Commissions
10443.1 • Callboard NCS
10443.2 • Convergent Inc.
10443.3 • Workman's Comp
10443.4 • Map Ad Sales
' 10443.6 • Telecom
Total 10443 • Commissions
Total Operating income
10432 • Contributions Income
10432.1 • Town of Vail
10432.2 • Town of Minturn
10432.4 • Beaver Creek Resort
10432.6 • Town of Avon
10432.7 • Vail Resorts
Total 10432 • Contributions Income
Total Income
Expense
F&E
I 10670 • Copier
It 10672 • Computer
10672.1-Lease
10672.2 • Software/Hardware
10672.3 • Service
Total 10672 • Computer
Total F & E
Info Expenses
10664 • Advertising Expense
10666 - Website
10667 • Photos
10668 - Dues & Memberships
Total Info Expenses
Jan - Dec '02
10,000.00
0.00
7,500.00
500.00
9,000.00
0.00
15,000.00
15,000.00
42,000.00
185,000.00
0.00
185,000.00
10,700.00
2,000.00
750.00
20.00
2,800.00
5,570.00
360.00
0.00
1,000.00
1,250.00
200.00
2,810.00
204,080.00
8,000.00
2,000.00
35,000.00
109,905.00
8,000.00
162,905.00
408,985.00
5,400.00
1,430.00
500.00
2,500.00
4,430.00
9,830.00
6,000.00
3,200.00
250.00
2,400.00
11,850.00
Page 1
The Chamber of Commerce
08/29/01 Budget Overview
January through December 2002
Non-Dues Program Expense
New Business Welcome Program
10633 • Blue Jeans Lobster Party
10634 • Expo Expense
1 10637 • Scholarship Expense
10701 • Beverage (Bob's SummerFest)
10701.1 • Beer/Wine
10701.2 • Security
10701.3 • Meals
10701.4 • Licenses/Perrnits
10701.6 • Weather Insurance
1 10701.6 • Weather Reader
Total 10701 • Beverage (Bob's SummerFest)
10704 • Community Mixer
10704.1 • Previous Year
10704.2 • Current Expenses
' Total 10704 • Community Mixer
10710 • Service Training
10710.1 • Previous Year Expense
10710.2 • Current Expenses
Total 10710 • Service Training
Total Non-Dues Program Expense
Occupancy
10657 • Storage Rent
10668 • Repair & Maintenance
10658.2 • Cleaning
10658.3 • Alarm System
10658.4 • Supplies
Total 10658 • Repair & Maintenance
10659 Rent Expense
10682 Phone
10682.1 • ISDN Phone Line
10682.2 • Qwest
10682.3 • Long Distance Service
' 10682.4 • Voice Mail
10682.5 • Edwards Kiosk
Total 10682 • Phone
' 10687 • Utilities
Total Occupancy
Other Expenses
' Other
10678 • Charge Card Fees
10681 • Business & Property Taxes
Total Other
I 10612 • Licenses & Permits
10673 • Consultants
10674 • Insurance
10676 • Accounting & Legal
10678 -Office Supplies
10680 • Postage
10680.1 • Machine Rental
10680.2 • Postage
Total 10680 • Postage
10700 • Ambassadors
10703 • Retreat
Total Other Expenses
-Jan -Dec '02
500.00
7,500.00
200.00
500.00
2,100.00
550.00
20.00
25.00
450.00
35.00
3,180.00
0.00
15,000.00
15,000.00
0.00
2,500.00
2,500.00
29,380.00
3,000.00
6,100.00
500.00
850.00
7,450.00
33,319.92
1,200.00
5,400.00
1,000.00
1,000.00
0.00
8,600.00
3,600.00
55,969.92
500.00
500.00
1,000.00
75.00
0.00
3,300.00
4,000.00
7,000.00
3,520.00
12,500.00
16,020.00
2,100.00
600.00
34,095.00
Page 2
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The Chamber of Commerce
08/29/01 Budget Overview
January through December 2002
Personnel
10642 • Wages
10644 - Payroll Taxes
10645 • Health
10647 • Workers Compensation Insurance
10665 • Travel Reim.
10666 • Meals & Entertainment
10671 • Contract Labor
10677 • Pro Dev. & Training
Total Personnel
Total Expense
Net Ordinary Income
Net Income
Jan - Dec '02
205,000,00
30,750.00
16,700.00
2,200.00
1,500.00
1,300.00
0.00
5,000.00
262,450.00
403,574.92
5,410.08
5,410.08
Page 3
4
VAELVAU"
FOUNDATION
leadership
Ov"' educational
and cultural endears
to enhance and sustain August 24, 2001
the quality of fife in the
Vail VaUey
Bpard of Directors Ms. Kristen Nash
President Geld Ford
Town Clerk, Town of Avon
Ada
Adam Aron
Judith Berkowitz
P
O
Box 9 / S
Box 975
Leon Black .
.
Marlene Boll Avon
CO 81620
Bjom Erik Borgen ,
,
James Berry Craddock
Jack Crosby
Andrew Daly
William Esrey
Dear Kristen:
Harry Frampton, III
Gerald Gallego,
GaFnsey
George
Gillett,Jr.
Thank you for the opportunity to present the Vail Valley Foundation's
Gilbert lh n"
Pepi Gramsha mmer
2002 grant request to the Town of Avon. We are extremely pleased to
Steve Haber
Martha Head -- - ---
have a community partnership with the Town of.Avon.
The Town of
William Hybl .
Elaine Kelton Avon's
hiloso
hical and fin
i
l
n
f th
t
V
il V
ll
Jack Kemp p
p
c
a
a
suppor
o
e
a
a
ey
Peter May Foundation
rovides us th
it
t
t
Patricia Peeples p
e oppor
un
y
o create great events that
Fitzhugh ha°tr, Emeritus
George Shaeffer
benefit all the citizen's of this wonderful valley. Thank you again, and
Manley Shuman annon
Stanley
please call me at 949-1999, if I can answer any questions.
Rodney Slifer
Oscar Tang
s Wear
ilia Fob
President
2001 Mountain Bike Sincerely
World Championships
1999 World Alpine
Ski Championships
1994 World Mountain
Bike Champiomships
1989 World Alpine
Ski.Champioruhi( s
AE] World Forum
American Ski Classic
Citizen of the Year Awards
Education Initiatives
FIS Alpine World Cup
Friends of Vail
Gerald R. Ford Amphirheater
Vilar Pavilion
Jerry & Berry Ford Artisans
Golf Classic
UCI Mountain Bike
World Cup
Vail Valley Foundanon
Scholarship Program
Vail memauaruJ
e Festival
W..O Box 309
Vail, Colorado 81658
970-949-1999
Fax 970-949-9265
-.vvf.org ,
Ceil Folz
President
Dictated
%
G,.
A Colorado 501 (c) (3)
Nonprofit Corporation
•
OVERALL SPONSORSHIP GRANT PROPOSAL
for the
TOWN OF AVON
2001 BIRDS OF PREY SKI FESTIVAL
2002 AMERICAN SKI CLASSIC
2002 SNOWBOARD
2002 JERRY & BETTY FORD ARTISANS GOLF CLASSIC
Presented by the
VAIL VALLEY FOUNDATION
11
TOWN OF AVON
APPLICATION GUIDELINES
CONTRIBUTION REQUEST
FALL 2001 FOR 2002 FUNDING
Application Information
1. Name of organization: Vail Valley Foundation
2. Mailing address: P.O. Box 309, Vail, CO 81658
3. Contact person and telephone number: Ceil Folz, President; 970/949-1999
4. Purpose of the organization or event: The Vail Valley Foundation is a non-profit IRS 501 (c)(3)
corporation whose purpose is to enhance the athletic, educational and cultural qualities of the Vail
Valley
5. Amount requested from the Town of Avon: $107,500
6. Amount requested and/or provided from other agencies, organizations, companies (i.e. other
funding committed): Please see attached
7. Explanation of the need for funds:
a. Description of the event or organization: Please see attached
b. How the event or organization benefits the Avon community: Please see attached
c. Anticipated budget for the organization or event: Please see attached
d. If applicable, what marketing effect the event or project has for the Town of Avon:
Please see attached
E
2001 BIRDS OF PREY WORLD CUP RACES
December 3 - 4, 2001
The 2001 Birds of Prey Ski Festival will feature Men's World Cup Downhill and Super G competitions
on Beaver Creek's internationally renowned Birds of Prey course. Showcased during the 1999 World
Alpine Ski Championships, Birds of Prey is widely recognized as one of the most technically demanding
racecourses in the world.
Action during the 2001 Birds of Prey Ski Festival will not be confined to the racecourse however, as
special VIP hospitality and viewing areas, along with an array of public and private social events paint a
festive backdrop for the competition.
The stars of the 2001 Birds of Prey Ski Festival will be the world's premier men's speed racers from
approximately 15 nations who will return to the Vail Valley for a rematch with Birds of Prey.
The 1999 World Alpine Ski Championships attracted the largest crowds in U.S. ski racing history, with
an estimated 125,000 people viewing the competitions during the two weeks of the event. The largest
crowd of the Championships was generated by the Men's Downhill, as 20,000 people skied, snow
shoed, and rode the free shuttle to the Birds of Prey finish stadium to see Hermann Maier strike gold.
With the Olympics right around the corner in 2002, the 2001 Birds of Prey Ski Festival will feature a
highly energized atmosphere, with an up-close-and-personal viewing opportunity in the Birds of Prey •
finish stadium, complete with bleacher seating and a large-screen television for top-to-bottom race
coverage of every competitor.
The alpine World Cup tour is one of the largest annual, winter circuits in the world of sports, and one,
which is closely followed by both print and broadcast media. Likewise, the Vail Valley's annual World
Cup events have emerged as one of the most extensively chronicled ski competitions in North America
each winter. Over the past 16 years, Vail and Beaver Creek World Cup events have been televised by
ABC, CBS, NBC and ESPN.
The 2001 Birds of Prey Ski Festival will be no exception as ESPN has scheduled two hours of
programming, reaching 82 million homes. International television coverage has also been extensive,
annually reaching in excess of 200 million viewers worldwide.
In addition to television exposure, print and photo media have been well represented, both nationally
and internationally, as World Cup alpine ski racing in the Vail Valley has established a broad base of
support and exposure from all segments of the media.
GENERAL AVON BENEFITS 0
• Two (2) hours national television coverage
• International television coverage
• World wide television audience
• Visitation by more than 250 media members
• Attracts large crowds to Avon/Beaver Creek
• Positive economic impacts for Avon merchants
2001 BIRDS OF PREY SKI FESTIVAL
• Sixteen (16) VIP credentials
• Sixteen (16) social invitations
• Eight (8) gift bags
• Recognition on all printed material
2001 BIRDS OF PREY SKI FESTIVAL GRANT REQUEST
The Vail Valley Foundation kindly requests that the Town of Avon consider a $35,000 cash
contribution and $7,500 in-kind services related to transportation services for the event.
E
E
2002 AMERICAN SKI CLASSIC
March 13-17, 2002
Hosted by former President Gerald R. Ford and held annually in the Vail Valley since 1981, this
weeklong celebration of the sport of alpine skiing literally offers something for everyone, both on and
off the slopes.
C7
The American Ski Classic is honored to have proceeds from the event benefit the Christopher Reeve
Paralysis Foundation. The mission of the Christopher Reeve Paralysis Foundation is to raise funds for
medical research leading to the effective treatment and ultimately, cure for spinal cord injury and paralysis.
The selection of the Christopher Reeve Paralysis Foundation goes back to Mr. Reeve's participation in
previous American Ski Classic events and Vail/Beaver Creek's commitment to disabled ski programs.
Since 1999, more than $1,000,00 has been raised for the Foundation's charities.
Former Olympic and World Champions will once again rekindle old rivalries in the Legends of Skiing
downhill and giant slalom races, spanning the decades of the sport from the 1950s to the 1990s. Names
like Franz Klammer, Leonhard Stock, Bill Johnson, Billy Kidd, Cindy Nelson and Tamara McKinney fill
the start order each year as over 30 of the greatest names in ski racing history reunite in the Vail Valley.
A favorite of fans as well as participants, the Ford Celebrity Cup team competitions underscore the very
essence of the American Ski Classic, celebrating the fun and enjoyment of the sport. Sponsors have the
unique opportunity to race with the Legends in addition to celebrities from the worlds of entertainment,
sports, politics and corporate America.
GENERAL A VON BENEFITS
• One (1) hour of national television coverage for the Legends of Skiing and Ford Celebrity
Cup races
• Participation by more than 50 members of the national and international press/media
• International event recognition
SIL VER SPONSORSHIP BENEFITS
• Vail Valley exposure including, competitor bibs, gate flags, start houses
• Listing on sponsor page of Official Program
• Right to use American Ski Classic logo
• Listing on sponsor board
• Sixteen (16) VIP credentials, providing access to skiing March 13 - 17 as well as access to
VIP hospitality areas, March 15 - 17
• Eight (8) VIP bags
• One (1) race spot in the Ford Celebrity Cup
• Sixteen (16) invitations to the American Ski Classic Welcome Party
• Four (4) invitations to the Legends of Skiing Banquet
11
2002 AMERICAN SKI CLASSIC GRANT REQUEST
The Vail Valley Foundation kindly requests that the Town of Avon consider a $30,000 cash
contribution.
0
E
SNOWBOARD
April 3-7, 2002
Vail and Beaver Creek have long been associated with the sport of alpine ski racing, dating back to
1983, when international competition returned to the Vail Valley, through the 1989 and 1999 World
Alpine Ski Championships, and including today's classic Birds of Prey World Cup.
Now, the Vail Valley Foundation and Vail Resorts are once again joining forces to create a unique
annual snowboarding event, showcasing the premier riders from around the world in a made-for-
television combined format, featuring one of the largest cash purses in the history of the sport.
The inaugural event is slated for April 3-7, 2002.
Format
While many national and international snowboard events reward the best riders in each discipline, the
event will feature a combined format, with participants competing in three distinct disciplines: Half-
Pipe, Rail/Slope-Style and Big Air. While there will be an individual winner in each discipline, the
primary focus will be on the overall title, which will be awarded to the rider accumulating the most
points in all three events. A panel of experts will judge all events.
The Competitors
's top 25 men and 15 women snowboarders will be invited to compete in the event. The
The world
organizers will establish this invitation list based on results from both FIS and ISF tours. With the
inaugural competition coming on the heels of the Olympic Winter Games in Salt Lake, the public
awareness of both the sport and these athletes should be especially high.
Prize Money
The event will feature a total cash purse of $110,000, which will be broken down as follows:
Men's Overall: $50,000
Men's Half-Pipe: $8,500
Men's Rail: $5,000
Men's Big Air: $10,000
Women's Overall: $25,000
Women's Half-Pipe: $7,500
Women's Rail: $4,000
Women's Big Air: n/a
Schedule
The schedule will consist of three days and nights of competition and social functions. The detailed
schedule is as follows:
Wednesday, April 3
8:00 Registration Open Golden Peak
Thursday, April 4
8:00 Registration Golden Peak
Free Ride Vail Mountain
11:00 Half-Pipe Inspection/Training Golden Peak
Fridav. April 5
8:00 Registration Golden Peak
10:00 Competition Meeting Golden Peak
11:00 Half-Pipe Inspection/Training Golden Peak
13:00 Half-Pipe Competition Golden Peak
16:00 Half-Pipe Awards Golden Peak
19:00 Welcome Party 8150 Club
Saturday, April 6
8:00 Registration Golden Peak
11:00 Big-Air Inspection/Training Golden Peak
18:00 Big-Air Competition Golden Peak
19:45 Big-Air Awards Golden Peak
20:00 Stadium Concert Golden Peak
21:00 Sponsor & Media Party TBD
Sundav. April 7
8:00 Registration Golden Peak
9:30 Rail Inspection Golden Peak
10:30 Rail Competition Golden Peak
12:45 Rail Awards Golden Peak
13:00 Overall Awards Golden Peak
The Venue
Vail Mountain's Golden Peak provides the perfect venue for this competition. In addition to being
located adjacent to Vail Village, the configuration of Golden Peak lends itself well to the construction
of the various competition elements required for the event. The Golden Peak Building provides a
convenient location for Registration and Hospitality functions, while the overall Golden Peak venue will
provide both excellent viewing locations for spectators and world-class competition elements for
participants.
E
Conclusion 0
The Vail Valley has firmly established itself as a world leader throughout the international alpine skiing
community. Now, through the combined efforts and resources of the Vail Valley Foundation and Vail
Resorts, the valley is poised to assume a similar role within the snowboarding industry.
GENERAL A VON BENEFITS
• One (1) hour of national television coverage for the Legends of Skiing and Ford Celebrity
Cup races
• Cultivation of new demographic
• Participation by more than 50 members of the national and international press/media
• International event recognition
SIL VER SPONSORSHIP BENEFITS
• Listing on sponsor page of Official Program
• Right to use Official logo
• Listing on sponsor board
• Sixteen (16) VIP credentials, providing access to skiing on Vail Mountain March 14 - 17, as
well as access to VIP hospitality areas, March 13- 17, 2002
• Sixteen (16) invitations to two Social events
2002 BORDERLINE GRANT REQUEST 0
The Vail Valley Foundation kindly requests that the Town of Avon consider a $25,000 cash
contribution.
11
2002 JERRY AND BETTY FORD ARTISANS GOLF CLASSIC
Summer 2002 (TBD)
The third annual Jerry and Betty Ford Artisans Golf Classic proved to be a huge success with $100,000
being raised to benefit Bravo! Vail Valley Music Festival, the Vail Valley Foundation's Vail
International Dance Festival and the Vilar Center for the Arts equally. Created as a new avenue to
raise funds in the Vail Valley, this tournament will successfully enhance the development of the arts in
our community by directly impacting the public programs that these three organizations provide.
GENERAL A VON BENEFITS
• Reinforces the Vail Valley as a yearlong resort while supporting the Arts, through the Vail
Valley Foundation, Bravo! Vail Valley Music Festival and the Vilar Center for the Arts.
SIL VER SPONSORSHIP BENEFITS
• Two (2) golf spots
• Two (2) gift packages
• Four (4) invitations to all social functions
• Printed recognition
• Recognition on tournament signage
2000 JERRYAND BETTY FORD ARTISANS GOLF CLASSIC GRANT REQUEST
The Vail Valley Foundation kindly requests that the Town of Avon consider a $7,500 cash
contribution.
11
2002 VAIL INTERNATIONAL DANCE FESTIVAL
AUGUST 3-.- 12, 2002
The Vail International Dance Festival will celebrate its 14th anniversary during the summer of 2002
thereby strengthening and further securing Vail's reputation as the "dance destination." The 1999
season saw the inauguration of the World Masters at Vail Workshops for junior and pre-professional
students, the introduction of the Dance Dialogues lecture series, and the U. S. debut of Dou Dou Huang
from the Shanghai Dance Company of the People's Republic of China. The 2001 season featured the
return of our famous Paul Mitchell International stars and included Jose Martinez and Agnes Letstu of
the Paris Opera, debuted the dynamic Cuban dancers Lorna Feijoo and Rolando Sarabia as well as the
famous Shanghai Dance Company and renowned Ethan Stiefel and Stars.
The Vail International Dance Festival consists of the following programs:
World Masters at Vail - a program developed for juniors and pre-professional dance students taught by
master teachers from throughout the world; Dance Dialogues - an educational program of lectures for
the public led by visiting educators and performers presented at the Colorado Mountain
College, the Gerald R. Ford Amphitheater, the Vilar Center for the Arts, and Meadow Mountain
Elementary School; Choreographers Collection - new choreography is showcased and premiered at the
Vail International Dance Festival; Ensemble Series - performances by world-renowned dance troops;
Paul Mitchell International Evenings of Dance - contemporary and classical performances by
international couples.
9
GENERAL A VON BENEFITS
• Added dimension to summer in the Vail Valley
• Positions the Vail Valley as an international center of culture
SILVER SPONSOR BENEFITS
• Listing as Silver Sponsor of Vail International Dance Festival
• Listing as Silver Sponsor on performance poster
• Right to use the Vail International Dance Festival logo
• Four (4) seats in Dress Circle for all performances
• Four (4) VIP tickets to Vail International Dance Festival Gala
• Four (4) invitations to social functions
• Class observation opportunities
2000 VAIL INTERNATIONAL DANCE FESTIVAL GRANT REQUEST
The Vail Valley Foundation kindly requests that the Town of Avon consider a $2,500 cash
contribution.
0 2001-2002 EAGLE MEDALLION BENEFIT
Based on the overall support of the Town of Avon, we will provide two (2) Eagle Medallions for use
during the 2001-2002 Vail/Beaver Creek ski season and the summer golf season 2002.
•
nternal Revenue service
)istrict Director
Department of the :'reasury
,ate: V11 2 2 IM
)ail valley Foundation,
?. 0. Box 309
Jail, CO 81658-0309
Isar Sir or Madam:
P. 0. Box 2506
Cincinnatt-, OH 45201
Parton to Contact:
Dee Anna Jarmcn
Inc. Telephone Number:
513-241-5195
Pax Numb • r :
513-684-5936
Federal Identification Numbers
74-2215035
:his letter is in response to your request for a copy of your j
nrgs.rization's determination iettax. This letter wilt: take the place of
the copy you requested.
Dur records indicate that a determination letter issued in March 1962
?ranted your organization exempticn from federal income tax udder section
501(c) (3) of the internal Tcevenue Code. That letter in still in effect.
Eased on information subsequently submitted, we classified your
organization- as-one that is not-_a--private foundation within the meaning of
section 509(a) of the Code because it is an organization described in
sect ion $09 (a) (2) .
This classification was based on the assumption that your organization's
operations would continue as stated in the application. If your
organization's sources of support, or _ts character, method of operations,
or Purposes have chanced, please let us know so we can consider the effect
of the change on the exempt statue and foundation status of your
organization.
Your organization is required to file Form 990, Return of Organization
Exempt from income Tax, only if its gross receipts each year are normally
more than $25,000. If a return is required, it must be filed by the 15th
day of the fifth month after the end of the organization's annual
accounting period. The law imposes a penalty of 520 a day, up to a maximum
of $10,000, when a return is filed late, unless there is reasonable cause
nor the delay.
All exempt organizations (unless specifically excluded) are liable for
taxer under the Federal Insurance Contributions Act (social security taxes)
on remuneration of $100 or more paid to each employee during a calendar
year. Your organization is not liable for the tax imposed under the
Federal Unemployment Tax Act (FUTA).
Organizations that are not private foundations are not subject to the 40
excise taxers under Chapter 42 of the Code. However, these organizations
are not automatically exempt from other federal excise taxes.
• . •-?• 1 .t ? r: i?f±?•' Si : r: +n... a •yy Ir •.r ; ? ?*i..1.• i ?•w?•'.a.?•L ,7Y??.
'S>t•. 1 ?.. .. i •. ?• .?5•A !'?x'?T i •?•?. :Z..•••- • : ?.?~??? .? •L,??? +`??r •?7+•ry.?. 1?jI?.•?•. ..
a.!'?r L... -.Y.- , ••TI . 1Y•v{:-!.7 ?....-'I. ?'_ :•t',: •ra• . -•?; t+.... .:. ?.••r.,? r ?a„r.• :... ??•t;..r:;• .. : is :. ??M'7J; ?',;,•a•! NJ••?.L+! i-
' °A"°"71 State of Colorado
' O U"TWUn oo WVMX
r : e :? • 17n v* RUAN 8TI*]T
- D OM P- CCLORA o @=I
T?iucUmMROTTRAWEHAU CE RIIFICATE OF EXEMPT ION
FOR SALES AND USE TAX ONLY
"' • -t VAIL VALLEY FOUNOTN
953 S FRONTAGE RD
VAIL CO 81657 ?!'zz•
s
fR:
N
Lijht-j:.1 -fs -.1
NAT.. t :..
1 ?
iw?nrrt?•ow+?Ttou t
l•s ,.?•z.., r:f'.?r.??-'
ISSUE DATE
• • -_ 98-06167 4 060 8641 9 050185 OCT 28 1988
,
953 S FRONTAGE RD VAIL CO o.o•.
.?ck '? 4 -A5160 3 5
lw-'
-2-
iil valley Foundation, inc.
1-221503E
Dnors may deduct contributions to your organization as provided in section
70 of the Code. Bequests, legacies, devises. :zansfers, or gifts to your
roanization or for its use are deductible for federal estate and gift tax
lrposes if they meet the applicable provisions of sections 2055, 2106, and
:22 of the Code.
our crgan12ation is not required to file federal income tax returns unless
t is subject to the tax on -unrelated business irccme under ®ection 511 of
he Code. It your organization is subject to this tax, it must file an
ncome tax return on the Form 990-?, Exempt Organization Business Income
ax Return. In this letter, we are not determining whether any of your
rga.nization's present or proposed activities are unrelated trade or
usineas as defined in aecticn 513 of the Code.
ecauee this--letter could help resolve any questions about your
r9ani2ation's exempt status and foundation status, you should keep
he organization's permanent records.
it with 0
lease direct any questi=E :e :he person identified in the letterhead
,hove .
'his letter alfi:ms your organization'e exempt Status.
Sincerely,
1
M
c. Ashley Bullard
District Director
11
TOTAL F. 03
VAIL VALLEY FOUNDATION
Birds of Prey World Cup
Comparison Report 2001
Year Ended 2001
GIs:
ACCOUNT
DESCRIPTION
REVENUE:
PRESENTING SPONSOR:
USST 650,000
650,000 44.2%
TITLE SPONSORS:
Remaining to Sell 240,000
Subtotal Title Sponsors: 240,000 16.3%
GOLD SPONSORS:
Memphis (2000 Overage) 0
Remaining to Sell 200,000
Subtotal Gold Sponsors: 200,000 13.6%
SILVER SPONSORS:
TOA 0
Remaining to Sell 100,000
Subtotal Silver Sponsors: 100,000 6.8%
Shaeffer Construction 2,500
Remaining to Sell 22,500
Subtotal Special Contributors: 25,000 1.7%
OFFICIAL SUPPLIER SPONSORS:
Remaining to Sell 30,000
Subtotal Official Supplier. 30,000 2.0%
COMMUNITY SPONSORS:
Remaining to Sell 35,000
Subtotal Community Sponsors: 35,000 2.4%
SPECIAL; CONTRIBUTOR SPONSORS: ----
LODGING TRADE:
Hyatt 28,750
Remaining to TRADE 31,250
Subtotal Lodging TRADE: 60,000 4.1%
MARKETING TRADE:
Television: 0
Newsprint: 0
Radio: 0
Subtotal Marketing TRADE: 0 0.0%
GIFTS TRADE:
Defeet Socks 6,300
Remaining to TRADE 33,700
Subtotal Gifts TRADE: 40,000 2.7%
GOODS TRADE:
Xerox 7,000 8.2%
Remaining to TRADE 78,000 91.8%
Subtotal Goods TRADE: 85,000 5.8%
Subtotal TRADES: 185,000 12.6%
2001
BUDGET
Page 1
129100
ACCOUNT
NUMBER
VAIL VALLEY FOUNDATION
Birds of Prey World Cup
Comparison Report 2001
Year Ended 2001
ACCOUNT
DESCRIPTION
Total Revenue: 1,470,000
150,000
Subtotal Labor: 150,000 10.5%
OTHER REVENUE:
Credential Sales - (20 @ 250) 5,000
Subtotal Other Revenue: 5,000 0.3%
1 - LABOR:
a Management Fee
a
b
c
d
e
f
9
h
k
1
a
b
c
d
e
f
a
b
c
d
e
6535: a
65A b
6535: c
X595 a
695 b
EXPENSE:
2 - ADMINISTRATION:
Candy - Event
Insurance - Cancellation
Insurance - Event (?)
insurance - Other
Photo - Event
Postage
Signage and Flags
Supplies - Binding
Supplies - Credentials (Cords/Laminates)
Supplies - Office
T&E
Telephone Hook Up - Administration
Subtotal Administration:
3 - PRINTING:
Credentials
Letterhead
Mark Your Calendar
Miscellaneous
Poster - Schedule
Registration Packet
Results Handbook
Subtotal Printing
2001
BUDGET
0 0.0%
38,000 35.1%
4,500 4.2%
46,060 42.5%
1,200 1.1%
1,000 0.9%
2,000 1.8%
150 0.1%
1,000 0.9%
1,000 0.9%
3,000 2.8%
10,500 9.7%
108,410 7.6%
1,600 15.1%
2,000 18.9%
1,000 9.4%
1,800 17.0%
1,200 11.3%
2,000 18.9%
1,000 9.4%
10,600 0.7%
4-AWARDS:
Medals - (6 @ 50) 500 0.4%
World Cup Prize Money (2 @ 100,000 C 135,000 94.9%
Trophies - (6 @ 467) 3,000 2.1%
BOP Plaque 300 0.2%
Birds 2,000 1.4%
Awards Stage 1,500 1.1%
Subtotal Awards: 142,300 10.0%
5 - FLOWERS:
Awards - (6 @ 30)
Reg istratio n/P ress/Race
Team Captains
Subtotal Flowers:
6 - GIFTS:
Volunteer Coats (550 @ $60)
VIP Coats (150 @ $75)
300 18.8%
1,000 62.5%
300 18.8%
1,600 0.1%
33,000 62.3%
11,250 21.2%
Page 2
129100
ACCOUNT
NUMBER
VAIL VALLEY FOUNDATION
Birds of Prey World Cup
Comparison Report 2001
Year Ended 2001
129100
ACCOUNT ACCOUNT 2001
NUMBER DESCRIPTION BUDGET
6*9?>c
' Embroidery 4,500 8
5%
GS9S
d Gift Baskets ,
750 1
4%
6*?ie VIP Gift Bag Items .
0
fi?f
Athelete Gift 0.0%
69l g
Press Gift 0 0.0%
Bronze Gifts 0 0.0%
69>`i
Other 0 0.0%
>>9* j
Coordinator Coats 2,500 4.7/o
°
1,000 1.9%
Subtotal Gifts: 53,000 3.7%
7 - GIFTS TRADE:
r97# a Athlete Gift - (240 @ 50) 0
0
°
0 /o
<?7t1;b Ball Caps - (300 @ 10) 0 .
0
0%
7p5 c Bolle 0 .
0.0%
Defeet Socks 0 0
0°
?97p5<d Descente VIP Coats (100 @ 120) 0 .
0
00/o
«97tl5 a Descente Volunteer Coats (250 @ 100) 0 0
0%
S7Dv? f Gift Baskets (10 @ 30) 0 .
0
0%
9?5; g Gloves - (100 @ 20) 0 .
0
0%
7If? h Press Gift - (350 @ 25)) 0 .
0
0%
€.0..5' I Sunglasses - (450 @ 20) 0 .
0
0%
?p5 j Tag Heuer 0 .
0
0%
9705' k VIP Gift Bag - (100 @ 25) 0 .
0
0%
97f?5 i Levi's 0 .
0
0%
9T11S m VIP Gifts - (100 @ 150) 40,000 .
100%
Subtotal Gifts TRADE: 40,000 2.8%
8 - RACE:
1353 as Vail Associates, Inc. Labor 180,000
49
°
2 /o
'z SD13? b Finish Area - Contract Labor 24,000 .
6
6%
53> c Vail Associates, Inc. Snow Making 0 .
0
0 /o
°
d Bleachers /Stairs 36,500 .
10
0%
9?5>7e Construction Materials 3,000 .
0
8%
SO f Electrical (VA) 3,000 .
0
8%
OStF g Electrical Finish 3,000 .
0
8%
YO(€1`h Television Technical 7,500 .
20%
/o
>z;70 i Big Moe Television Screen 25,500 70%
T191?j Scaffolding 6,000 1
6%
856I;:k Sound on Hill 18,000 .
4
9%
7220
l
Warm-up Tents
800 .
0
2%
la8fi> m Wax Rooms - (Materials, Labor & Securit 40,000 .
10
9%
9$)l??n Fence 1,500 .
0
4%
6501 o FIS TD Expenses 2,000 .
0
5%
tiBS; p Course Safety Materials 0 .
0
0%
6020,q Stadium Handouts 3,500 .
1
0%
7193 r Finish Area Look/Entertainment 3,000 .
0
8%
72ft s BFI/L&L Sanitation Rubbish Removal 500 .
0
1%
941.0 t Porta Potties 1,200 .
0
3%
9480 u
4
, Security 3,000 .
0
8%
7
v
0 Alarm Monitoring 500 .
0
1%
9529 w Scoreboards 0 .
0
0%
71-00 x Announcers 3,500 .
1.0%
Subtotal Race: 366,000 25.6%
9 - BANNERS AND BIBS:
Page 3
VAIL VALLEY FOUNDATION
Birds of Prey World Cup
Comparison Report 2001
Year Ended 2001
129100 2001
ACCOUNT ACCOUNT BUDGET
NUMBER DESCRIPTION
a Start Houses 500 5 0.0%
b
6M,
Bib/Gate Panels
0 %
.0
0
%
.
°
$ c
$f<
Armbands .0
50
500
000 0.1%
1
Subtotal Banners and Bibs: ,
10 - SOCIAL:
000
14
6.4%
<zy21t a VIP Tent Rental ,
000
4 1.8%
7 b Tent Utilities ,
500
3 1.6%
c
d Tent 36cor
Tmeals (230 for 6 @ $50 Brk/Din & $28 L
,
107,640 49.0%
84:'e Registration Food - (6 @ $500) 3,000 1.4%
f
Press Food - (6 @ $600) 3,600 1.6%
$
g
Team Captains Food - (5 @ $500) 2,500 1.1%
,
h
VIP Tent Lunch (700 for 2 @ $28)
39,200 17 9%
Organizing Committee - (4 @ $200) 800 0.4%
°
Tent Coffee/beverages - (2 @ $1000) 2,000 0.9
k
k Finish Area Entertainment 3,200 1.5%
61399:1
Welcome Party (225 @ $38) 8,550 3.9%
[5{l m
Public Picks 15 000 6.8%
n
Athlete Beverages 5 000
500
7 2.3%
°
3.4/0
;$3 o Volunteer Lunches
Subtotal Social: ,
- 219 490 15.3%
Xi*
11 -LODGING*
00
65
°
1000
gSg? a Athlete Rooms ,
0 -0.0%
Sgt b Sponsor Rms. 0 0.0%
;; SS99: c FISIUSSA/Vendors
0 °
0.0/o
36??'IId VIP Rooms
Subtotal Lodging: 65,000 4.5%
12 - LODGING TRADES:
Rooms - (65 for 6 @ 125)
Athlete Roo
0 °
0.0/0
°
9 71> Off Season Rooms - (40 @ $150) 0 0.0/o
Sponsor Rms. (10 for 4 nights @ $150) 0 0.0%
Vendor Rooms - (20 for 7 @ $100)
0 0%
0
>9?`j1?1> VIP Rooms - (20 for 4 @ $200) 60,000 100%
Subtotal Lodging TRADES: 60 000 4.2%
13 - TRANSPORTATION:
00 a
70
b Airfare
Road Maintenance/Transportation
Dall 3,500
25,000 3.6%
25.9%
a
00: y 5,000 5.2%
7040 c
7000 d Chains
Miscelleanous Travel & Entertainment 2,800 2.9%
7000 a Athlete Travel Money 60,000 62.2%
7000: f VIP Car Fleet 0
200 0.0%
0.2%
7000'g Door Slicks
Subtotal Transportation: 96,500 6.7%
14 - MEDIA:
500
12
92.6%
6040 a Marketing ,
800 5
9%
7220 b Press Center Tent/Rentals 200 .
1.5%
6010 c Supplies
Subtotal Media: 13,500 0.V1-
15 - MARKETING TRADE:
Page 4
VAIL VALLEY FOUNDATION
Birds of Prey World Cup
Comparison Report 2001
Year Ended 2001
4 4th: a
50IS:: b
6020 c
6081;: d
6081 ? e
6081: f
ACCOUNT 2001
DESCRIPTION BUDGET
Television: 0 33.3%
Newsprint: 0 33.3%
Radio: 0 33.3%
Subtotal Media TRADE: 0 0.000
16 - GOODS TRADE: 78,000 91.8%
Athlete Team Party 0 0.0%
Automobiles - (5 @ 200) 0 0.0%
Chevrolet Regional Market 0 0.0%
Beer - (200 cases @ 13) 0 0.0%
BFI 0 0.0%
Cascade Club 0 0.0%
Cellular Telephones 0 0.0%
Construction Material 0 0.0%
Construction Labor 0 0.0%
Christy Sports 0 0.0%
Flowers 0 0.0%
Fuel 0 0.0%
Great Harvest 0 0.0%
Motorola OS Radios 0 0.0%
Office Pavilion 0 0.0%
Pepsi - (200 @ 10) 0 0.0%
Pizza 0 0.0%
Press _Party - - - 0 0.0%
Printing 0 0.0%
Secret Garden 0 0.0%
Snapple - (200 @ 15) 0 0.0%
Sprint 0 0.0%
Steadman Hawkins Video 0 0.0%
Tag Heuer Timing - (Scoreboards and 0 0.0%
Trophies 0 0.0%
Vail Atheletic Club 0 0.0%
Volunteer Lunches - (200 for 5days @ 0 0.0%
Volunteer Party 0 0.0%
Water - (200 @ 10) 0 0.0%
Welcome Party 0 0.0%
Wine - (15 @ 45) 0 0.0%
Xerox 7,000 8.2%
Subtotal Goods TRADE: 85,000 5.9%
17 - CONTINGENCY: 0 0.0%
BOP Expense Variance 2000 0
0
18 - SALES TEAM EXPENSES
Commissions 5,000 28.4%
Sales Team Expense 3,100 17.6%
Sales Promotional Materials 2,000 11.4%
Finish Stadium Banners 3,000 17.0%
Banner Boards 2,000 11.4%
Banner Supplies - (Poles, Bungies & Zip 2,500 14.2%
Subtotal Sales Team Expenses: 17,600 1.2%
Subtotal Expense: 1,430,000
Page 5
129100
ACCOUNT
NUMBER
IN P .
VAIL VALLEY FOUNDATION
Birds of Prey World Cup
Comparison Report 2001
Year Ended 2001
129100
ACCOUNT
NUMBER
7090 2b
6028 2e
7280 2f
7193 2g
6031 2i
6590 2k
6020 3d
6003 4d
6535 4a
6595 6b
6593 8a
6593 8aa
6593 8c
7050 8g
7061 8h
7193 8j
7193 8r
7060 8v
7220 10a
7221 10b
6534 10d
6534 10e
6534 10f
6534 10h
6538 10j
7190 10k
6589 101
6534 10o
6591 11a
7000 13b
7000 13c
7000 13d
6010 14a
6010 14c
6500 18a
6081 18c
ACCOUNT
DESCRIPTION
2001
BUDGET
Net Profit (Loss) 40,000
Budget check total 40,000
BOP Expense Variance 2000 2000
Accruals
Insurance - Cancellation
Photo - Event
Postage
Signage and Flags
Supplies - Credentials (Cords/Laminates)
T&E
Miscellaneous
BOP Plaque
Awards - (6 @ 30) (1,600)
VIP Coats (150 @ $75)
Vail Associates, Inc. Labor (175,000)
Wagner Rentals (10,000)
Vail Associates, Inc. Snow Making
Electrical Finish
Television Technical (3,100)
Scaffolding (3,500)
Finish Area Look/Entertainment (5,500)
Alarm Monitoring
VIP Tent Rental
Tent Utilities
Tmeais (230 for 6 @ $50 Brk/Din & $28 L (34,000)
Registration Food - (6 @ $500) (1,800)
Press Food - (6 @ $600) (3,500)
VIP Tent Lunch (700 for 2 @ $28) (34,000)
Tent Coffee/beverages - (2 @ $1000) (1,500)
Finish Area Entertainment (2,800)
Welcome Party (225 @ $38) (7,875)
Volunteer Lunches (1,800)
Athlete Rooms (25,600)
Dally Road Maintenance/Transportation (18,341)
Chains
Miscelleanous Travel & Entertainment
Marketing
Supplies (5,000)
Commissions (15,000)
Finish Stadium Banners (3,000)
Subtotal Expense: (352,916)
Page 6
VAIL VALLEY FOUNDATION
AMERICAN SKI CLASSIC
Fiscal Year 2001
127100
ACCOUNT ACCOUNT
NUMBER DESCRIPTION
2001
BUDGET
REVENUE:
PRESENTING SPONSORS:
Hyundai 60,000
CSFBdirect 300,000
25,000
Subtotal Presenting Sponsor: 385,000 17.2%
GOLD SPONSORS:
Ford Plantation 50,000
JPMS 22,500
Sprint 66,000
Cafe de Columbia 75,000
Subtotal Gold Sponsor: 213,500 9.6%
TEAM SPONSORS:
Delicato 17,500
JPMS 20,000
Subtotal Team Sponsors: 37,500 1.7%
SILVER Sponsors
BCRC 25,000
Budweiser 25,000
Fed Ex _ 20,000
TOA 25,000
Tag Heuer 25,000
Subtotal Silver Sponsors: 120,000 5.4%
TITLE SPONSORS:
Christopher Reeve Banquet Sponsor - B 25,000 13.5%
Concert Sponsor (Benefit Concert) 0 0.0%
Concert Ticket Sales (Benefit Concert) 0 0.0%
Concert Sponsor (Street Beat Concert) 10,000 5.4%
Downhill Title Sponsor 150,000 81.1%
Subtotal Title Sponsors: 185,000 8.3%
SPECIAL CONTRIBUTOR SPONSORS:
CME 6,000 8.7%
Elam Constriction 5,000 7.2%
Pepsi 5,000 7.2%
Pepsi Royalties 102
Piioneer Pipe 4,500 6.5%
Qwest 25,000 36.2%
Shaeffer Construction 2,500 3.6%
SSF 8,000 11.6%
VRDC 5,500 8.0%
Wagner Equipment 7,500 10.9%
Bronze Sponsor
Remaining to Sell 0.0%
Subtotal Special Contributor Sponsors: 69,102 3.1%
Page 1
VAIL VALLEY FOUNDATION
AMERICAN SKI CLASSIC
Fiscal Year 2001
127100
ACCOUNT ACCOUNT
NUMBER DESCRIPTION
2001
BUDGET
COMMUNITY SPONSORS:
Brennan Masonry 1,250 1.8%
Alpine Ventures 750 1.1%
Crescent Club 2,750 4.0%
Edwards Bldg Center 1,250 1.8%
Foto Finish 1,250 1.8%
Gallegos 1,250 1.8%
Kiva Property 1,250 1.8%
Land Title 1,250 1.8%
Longs 1,000 1.4%
NEDBO 1,250 1.8%
Oberlohr 1,250 1.8%
Signature Signs 250 0.4%
Vail Estates 1,250 1.8%
Vail Valley Jet Center 1,250 1.8%
Honnen 1,250 1.8%
Maximum Comfort 1,250 1.8%
Wells Fargo 5,000 7.2%
Longs 250 0.4%
High Sierra Royalties 476 0.7%
Remaining to Sell 4,524
Subtotal Community Sponsors: 30,000 1.3%
Subtotal SPONSORSHIPS: 1,040,102 46.6%
GOVERNMENT SUPPORT:
Town of Avon 25,000 55.6%
Town of Vail 20,000 44.4%
Subtotal Government Support: 45,000 2.0%
LODGING TRADES:
Vail Racquet Club 2,400
Cascade 22,500
Christie Lodge 3,750
Comfort Inn 3,750
Evergreen Lodge 3,200
Lodge at Vail 10,000
Marriott 12,500
Simba Run 5,000
Willows Lodge 1,500
Tivoli 1,575
Christopher Reeve 15,000 11.6%
Off Season Rooms (60 @ $200) 0 0.0%
Sponsor Rooms (25 for 4 @ $275) 27,500 21.2%
Vendor Rooms (20 for 7 @ $150) 21,000 16.2%
Subtotal Lodging TRADES: 129,675 5.8%
MARKETING TRADES:
Newsprint: 0 0.0%
Vail Daily 2,500 5.6%
Vail Trail 2,500 5.6%
Vail Valley Times 2,500 5.6%
Denver Post/Rocky Mountain News 7,500 16.7%
Radio: 0 0.0%
Page 2
VAIL VALLEY FOUNDATION
AMERICAN SKI CLASSIC
Fiscal Year 2001
127100
ACCOUNT ACCOUNT 2001
NUMBER DESCRIPTION BUDGET
Front Range 7,500 16.7%
KSKE 2,500 5.6%
KFMU - The Eagle 2,500 5.6%
KOMT 2,500 5.6%
Television: 0 0.0%
TV 8 - KVBA 5,000 11.1%
RSN 5,000 11.1%
AT&T Cable 5,000 11.1%
Subtotal Marketing TRADES: 45,000 2.0%
GIFTS TRADES:
Ball Caps (575 @ $7.50) 4,313 3.8%
Christy Sports 2,000 1.8%
High Sierra Fleece (500 @ $40) 20,000 17.8%
Mtn Smith Gift Bag (500 @ $32.50) 16,250 14.5%
Gift Packs - JPMS (425 @ $5) 2,125 1.9%
Golden Bear 2,450 2.2%
Gotthelfs Gifts - Celebrity (25 @ $100) 2,500 2.2%
Socks (500 @ $3) 1,500 1.3%
Gloves (575 @ $20) 11,500 10.2%
Glasses (500 @ $20) 10,000 8.9%
Napapijiri Fleeces 3,000
Sunscreen/Lip Balm (500 @ $ 1.50) 75D 0.7%
Ski Wax (500 @ $ 2.50) 1,250 1.1%
Briefcase or DayTimer - Media Gift (30 @ 75D 0.7%
Miscellaneous (515 @ $25) 12,875 11.5%
Skis (60 @ $350) 21,000 18.7%
Subtotal Gifts TRADES: 112,263 5.0%
70,000
10,000
15,000
0
3,500
1,500
0
2,000
2,000
0
12,000
15,000
2,500
1,000
2,000
0
900
2,000
2,250
4,500
0
2,880
12,250
2,500
42.7%
6.1%
9.2%
0.0%
2.1%
0.9%
0.0%
1.2%
1.2%
0.0%
7.3%
9.2%
1.5%
0.6%
1.2%
0.0%
0.5%
1.2%
1.4%
2.7%
0.0%
1.8%
7.5%
1.5%
Page 3
VAIL VALLEY FOUNDATION
AMERICAN SKI CLASSIC
Fiscal Year 2001
127100
ACCOUNT ACCOUNT
NUMBER DESCRIPTION
Other
Subtotal Goods TRADES:
Subtotal TRADES:
2001
BUDGET
0.0%
163,780 7.3%
450,718 20.2%
OTHER REVENUE:
Credential Sales
Individuals
Remaining to Sell (10 @ $250) 2,500
Subtotal Credential Sales: 2,500 0.1%
Christopher Reeve Auction Items
Remaining to Sell 354,650
btotal Christopher Reeve Auction Items: 354,650 15.9%
Christopher Reeve Donations
Remaining to Sell 20,000
Subtotal Christopher Reeve Donations: 20,OOD 0.9%
Christopher Reeve Banquet
Remaining to Sell (150 @ $250) 37,50D
Subototal Christopher Reeve Banquet: 37,500 1.7%
Revenue - Christopher Reeve Expenses
Staff Lodging 0 0.0%
Bus 0 0.0%
Bed 0 0.0%
Oxygen 0 0.0%
Food 0 0.0%
Staff Per Diem 0 0.0%
Miscellaneous Hotel Charges 0 0.0%
Linens/Hotel Cleaning 0 0.0%
Site Inspections 0 0.0%
Columbine Kids 0 0.0%
Nurse Airfare 0 0.0%
0 0.0%
Roger Daltry Concert Ticket Sales
Remaining to Sell 0
0 0.0%
82,500
82,500 3.7%
Page 4
VAIL VALLEY FOUNDATION
AMERICAN SKI CLASSIC
Fiscal Year 2001
127100
ACCOUNT ACCOUNT
NUMBER DESCRIPTION
2001
3,000
3,000 0.1%
37,500
25,000
60,000
40,000
35,000
197,500
Subtotal OTHER REVENUE: 697,650 31.2%
TOTAL REVENUE: 2,233,470
1,507,593
(725,877)
1-LABOR:
Management Fee 180,000
Commissions and Outside Agencies 40,000
Subtotal Labor: 220,000
400 0.1%
2,000 0.6%
282,801 83.3%
7,500 2.2%
5,000 1.5%
16,050 4.7%
2,200 0.6%
0 0.0%
1,200 0.4%
2,000 0.6%
4,000 1.2%
5,000 1.5%
5,000 1.5%
3,000 0.9%
2,500 0.7%
800 0.2%
339,451 15.9%
5,000 66.7%
2,500 33.3%
7,500 0.4%
3,000 10.4%
5,500 19.1%
2,800 9.7%
2,500 8.7%
Page 5
R
VAIL VALLEY FOUNDATION
AMERICAN SKI CLASSIC
Fiscal Year 2001
127100
ACCOUNT ACCOUNT
NUMBER DESCRIPTION
2001
BUDGET
Handbook / Results 800 2.8%
Letterhead 2,000 6.9%a
Mark Your Calendar Card 2,000 6.9%
Miscelleanous 2,000 6.9%
Pin Holder 0 0.0%
Poster - Event 2,500 8.7%
Poster - Schedule 1,400 4.9%
Registration Packet 2,800 9.7%
Score Sheets 1,500 5.2%
Subtotal Printing: 28,800 1.3%
5-AWARDS:
Cash - Legends Appearance Money 35,000 55.6%
Cash - Prize Money 15,000 23.8%
Engraving 2,000 3.2%
Medals 1,500 2.4%
Other 5,000 7.9%
Stage 1,000 1.6%
Trophies 3,500 5.6%
Subtotal Awards: 63,000 3.0%
6 - FLOWERS:
Awards 0 0.0%
Registration 400 100.0%
Subtotal Flowers: 400 0.0%
7 - GIFTS:
Coats - Volunteers (150 @ $75) 11,250 15.8%
Coats - VIPs (400 @ $85) 34,000 47.7%
Embroidery - Bags, Fleece, etc. 5,000 7.0%
Gift Baskets 1,500 2.1%
Miscellaneous 4,500 6.3%
Skis 15,000 21.1%
Subtotal Gifts: 71,250 3.3%
8 - GIFTS TRADES:
Ball Caps (575 @ $7.50) 4,313 3.8%
Christy Sports 2,000 1.8%
High Sierra Fleece (500 @ $40) 20,000 17.8%
Mtn Smith Gift Bag (500 @ $32.50) 16,250 14.5%
Gift Packs - JPMS (425 @ $5) 2.125 1.9%
Golden Bear 2,450 2.2%
Gotthelfs Gifts - Celebrity (25 @ $100) 2,500 2.2%
Napapijiri Fleeces 1,500
Socks (500 @ $3) 11,500 10.2%
Gloves (575 @ $20) 10,000 8.9%
Glasses (500 @ $20) 3,000 2.7%
Sunscreen/Lip Balm (500 @ $ 1.50) 750 03%
Ski Wax (500 @ $ 2.50) 1,250 1.1%
Briefcase or DayTimer - Media Gift (30 @ 750 0.7%
Miscellaneous (515 @ $25) 12,875 11.5%
Skis (60 @ $350) 21,000 18.7%
Subtotal Gifts TRADES: 112,263 5.3%
Page 6
VAIL VALLEY FOUNDATION
AMERICAN SKI CLASSIC
Fiscal Year 2001
127100
ACCOUNT ACCOUNT 2001
NUMBER DESCRIPTION BUDGET
9 - RACE:
! a Announcing
1 b BFI
Ic Big Moe Television Screen
1 d Bleachers
is a Construction Materials
i f Electric - On Hill
g Ellis, Jim
h Labor - Vail Resorts
i Permits
hj Porta-o-Lets
k Scoreboard
I Security
m Sound - On Hill
n Stadium - Decor
o Stadium Handouts
p Stadium Miscellaneous
r Television Technical
is Timing - Person and Converter
Subtotal Race:
10 - BANNERS, BIBS & GATE PAENELS:
a Banner Supplies
b Banner Production
c Banners - Finish Stadium
d Banners - DH Start House
e Banners - Ford Cup / GS Start House
f Bibs - Ford Cup
g Bibs - Future Legends
h Bibs - Legends DH / GS
i Exit Gates
j Gate Panels - Ford Cup / GS
k Gate Panels - Legends DH
I Platinum Circle - Finish Stadium
Subtotal Banners, Bibs & Gate Panels:
11 -SOCIAL:
SSU a Christopher Reeve Banquet (400 @ $120
8? b Concert (400 comp tickets @ $30)
Fl!1tc Concert Production Costs
s>z;4 d Ford Cup Finals Awards Party/Entertainm
7227 e Legends Banquet/Ford Cup Draw (400 @
6$0f Legends Pick and Street Party
6534g Registration Food
3?? h Tea Dance - VVF Expenses
i Tent - Breakfast (150 for 4 @ $12.50)
$5 j Tent - Lunch
7220 k Tent - Rental
722.1 Tent - Utilities
65-M.. m Welcome Party and Entertainment (400
Subtotal Social:
2,500 2.4%
600 0.6%
19,500 19.0%
6,500 6.3%
1,000 1.0%
4,000 3.9%
7,000 6.8%
28,000 27.2%
250 0.2%
500 0.5%
6,000 5.8%
2,000 1.9%
8,500 8.3%
5,000 4.9%
1,500 1.5%
3,509 3.4%
5,500 5.3%
1,000 1.0%
102,850 4.8%
2,500 48.1%
1,000 19.2%
0 0.0%
0 0.0%
0 0.0%
0 0.0%
500 9.6%
0 0.0%
1,200 23.1%
0 0.0%
0 0.0%
0 0.0%
5,200 0.2%
48,000 17.9%
12,000 4.5%
0 0.0%
7,000 2.6%
40,000 14.9%
12,000 4.5%
3,000 1A%
5,000 1.9%
7,500 2.8%
80,000 29.8%
32,000 11.9%
8,000 3.0%
14,000 5.2%
268,500 12.6%
12 - LODGING:
6591,a Celebrity Rooms (20 for4 @ $300) 25,000 21.4%
Page 7
2001
BUDGET
49,500 42.3%
42,500 36.3%
117,000 5.5%
13 - LODGING TRADES:
Vail Racquet Club 2,400 1.9%
Cascade 22,500 17.4%
Christie Lodge 3,750 2.9%
Comfort Inn 3,750 2.9%
Evergreen Lodge 3,200 2.5%
Lodge at Vail 10,000 7.7%
Marriott 12,500 9.6%
Simba Run 5,000 3.9%
Willows Lodge 1,500 1.2%
Tivoli 1,575 1.2%
Christopher Reeve 15,000 11.6%
Off Season Rooms (60 @ $200) 0 0.0%
Sponsor Rooms (25 for 4 @ $275) 27,500 21.2%
Vendor Rooms (20 for 7 @ $150) 21,000 16.2%
Subtotal Lodging TRADES: 129,675 6.1%
14- TRANSPORTATION:
Airfare (In addition to TRADE) 30,000 86.2%
Christopher Reeve - Bus 0 0.0%
Door Slicks 500 1.4%
Fuel 1,800 5.2%
T & E - Miscellaneous 2,500 7.2%
Subtotal Transportation: 34,800 1.6%
15 - MARKETING:
Marketing
Television Spots (6 @ $20,000)
Television Spots Contra
Television Air Time
Subtotal Marketing:
16 - MARKETING TRADES:
Newsprint:
Vail Daily
Vail Trail
Vail Valley Times
Denver Post/Rocky Mountain News
Radio:
Front Range
KSKE
KFMU - The Eagle
KQMT
Television:
TV 8 - KVBA
RSN
AT&T Cable
Subtotal Marketing TRADES:
17 - GOODS TRADES:
VAIL VALLEY FOUNDATION
AMERICAN SKI CLASSIC
Fiscal Year 2001
127100
ACCOUNT ACCOUNT
NUMBER DESCRIPTION
Legends Rooms (15 condos for 6 @ $55
Legends Rooms (25 hotel for 6 @ $275)
Subtotal Lodging:
10,000 2.4%
175,000 41.5%
0 0.0%
236,500 56.1%
421,500 19.8%
0 0.0%
2,500 5.6%
2,500 5.6%
2,500 5.6%
7,500 16.7%
0 0.0%
7,500 16.7%
2,500 5.6%
2,500 5.6%
2,500 5.6%
0 0.0%
5,000 11.1%
5,000 11.1%
5,000 11.1%
45,000 2.1%
Page 8
VAIL VALLEY FOUNDATION
AMERICAN SKI CLASSIC
Fiscal Year 2001
127100
ACCOUNT ACCOUNT 2001
NUMBER DESCRIPTION ai inrcT
Airfare (20 Int'I Business @ $3000 & 20 D
Airfare (Christopher Reeve Private Plane)
Dollar Rent-A-Car
Beer (250 cases @ $14)
Construction Material
CME
EEF
Flowers
Fuel - Collett
Gorsuch Tea Dance
Office Pavilion
Parking - TOV
Pizza
Photos - Sharpshooter
Printing
Signage (Signature Signs)
Soda (225 cases @ $4)
Trophies
Volunteer Lunches (75 for 5 @ $6)
Volunteer Party (150 @ $30)
Water (240 cases @$12)
Wine (100 cases @ $122..50)
Xerox
Subtotal Goods TRADES:
18 - CHRISTOPHER REEVE EXPENSES:
Staff Lodging
Bus
Bed
Oxygen
Food
Staff Per Diem
Miscellaneous Hotel Charges
Linens/Hotel Cleaning
Site Inspections
Columbine Kids
Nurse Airfare
ROGER DALTRY CONCERT
19 - CONTINGENCY:
163,781 7.7%
0
0
0
0
0
0
0
0
0
0
0
0 0.0%
0 0.0%
2,500 0.1%
Subtotal Expense: 2,133,470
70,000 42.7%
10,000 6.1%
15,000 9.2%
3,500 2.1%
1,500 0.9%
0 0.0%
2,000 1.2%
2,000 1.2%
0 0.0%
12,000 7.3%
15,000 9.2%
2,500 1.5%
1,000 0.6%
2,000 1.2%
0 0.0%
1 0.0%
900 0.5%
2,000 1.2%
2,250 1.4%
4,500 2.7%
2,880 1.8%
12,250 7.5%
2,500 1.5%
Net Profit (Loss) 100,000
Page 9
. • -
Snowboarder 2002
Preliminary
DESCRIPTION BUDGET
REVENUE:
Vail Resorts 180,000
Entitle Sponsor 250,000
Subtotal Presenting Sponsor. 430,000
TITLE SPONSORS:
Half-Pipe Competition 25,000
Rail Competition - night competition 20,000
Big-Air Competition 35,000
Stadium Concert or Final Party 15,000
Subtotal Title Sponsors: 95,000
SPECIAL CONTRIBUTOR SPONSORS:
Special Cont. Sponsors
Subtotal Special Contributor Sponsors:
COMMUNITY SPONSORS:
Bronze Sponsors
Subtotal Community Sponsors:
Subtotal SPONSORSHIPS:
42,500
42,500
22,500
22,500
590,000
GOVERNMENTSUPPORT:
TOV 10,000
Subtotal Government Support: 10,000
LODGING TRADES:
Vendor Rooms ( 20 for 6 @ $150) 18,000
Official Rooms ( 8 for 4 (M $200) 6,400
Sponsor Rooms (15 for 4 @ $250) 16,000
TV Rooms ( 15 for 5 @ $200) 15,000
Subtotal Lodging TRADES: 64,400
MARKETING TRADES:
Newsprint: 15,000
Radio: 12,500
Television: 10,000
Subtotal Marketing TRADES: 37,500
GIFTS TRADES:
Competitors (50 C $175) 8,760
Sponsors, VIP's and Vendors (200 C $65) 13,000
Media (30 @ $50) 1,500
Subtotal Gifts TRADES: 8,760
GOODS TRADES:
Main - Fuel, cars, Beverages, etc... 85,000
Other Misc. 10,000
Subtotal Goods TRADES: 95,000
Subtotal TRADES: 195,650
OTHER REVENUE:
TV Commercials (14 C $1Ok) 140,000
Subtotal Credential Sales: 140,000
TOTAL REVENUE: 935,660
Page 1
11
DESCRIPTION
Snowboarder 2002
Preliminary
BUDGET
EXPENSE:
Labor
Management Fee 162,000
Commissions and Outside Agencies 10,000
Subtotal Labor. 172,000
Admin.
Misc. Admin - phones, Insurance, Video 32,000
Subtotal Administration: 32,000
Printing
Printing - Score Sheets, credentials, etc... 12,500
Subtotal Printing: 12,500
Prizes:
Cash Money 110,000
Other - Medals, Trophies, Ribbons, Stage, Flowers 15,000
Subtotal Awards: 125,000
Gifts Purchase
Athletes Gifts 50 C 75 3,750
Sponsors and VIPs - 200 5,500
Media = 30 1,800
Gift Baskets 500
® Subtotal Gtfts: 11,550
Gina Trade
Competitors (50 C $175) 8,750
Sponsors, VIP's and Vendors (200 @ $65) 13,000
Media (30 LID $50) 1,500
Subtotal Gifts TRADES: 23,250
VRI and Consultant
Snowmaking 40,000
Labor 30,000
Consultant 8,950
Subtotal VRI: 78,950
Venue
Bleachers 6,500
Construction Materials 6,600
Electric - On Hill 4,000
Porta-o-Lets S00
Security 2,000
Sound - On Hill 8,600
Stadium 7,500
Judging Requirements 5,500
Subtotal Race: 40,000
Bibs and D6cor
Bibs and DBcor 14,600
Subtotal Banners, Bibs 8 Gate Panels: 14,500
Social and Hospitality
Hospitality Tent (4 (M 200 @ $25) 20,000
Welcome Party (150 @ $30) 4,500
Sponsor and Media Party (200 @ $25) 5,000
Finsih Party/concert 15,000
Page 2
.-
Snowboarder 2002
Preliminary
DESCRIPTION
BUDGET
Subtotal Social: 44,500
Lodging Purchase
Misc.- Purchase 8,500
Subtotal Lodging: 8,500
Lodging Trade
Vendor Rooms ( 20 for 6 @ $150) 18,000
Official Rooms ( 8 for 4 C $200) 6,400
Sponsor Rooms (15 for 4 @ $250) 15,000
TV Rooms ( 15 for 5 0 $200) 15,000
Subtotal Lodging TRADES: 64,400
Transportation
Officials 6,000
Cars and Fuel 6,000
Subtotal Transportation: 11,000
Marketing and PR
Marketing 12,500
Subtotal Marketing: 12,500
Marketing Trade
Newsprint: 15,000
Radio: 12,500
Television: 10,000
Subtotal Marketing TRADES: 37,500
Goods Trade
Main - Fuel, cars, Beverages, etc... 85,000
Other Misc. 10,000
Subtotal Goods TRADES: 95,000
TV Production
Time-Buy 60,000 '
TV Production 60,000
Cabling 7,500
Big Mo 22,600
TV Subtotal: 150,000
19 - CONTINGENCY: 12,500
Subtotal Expense: 935,660
Net Profit (Loss) 0
J
C7
I1. .' ,l
u
Page 3
r
i ,
8/7/01
To Kirsten Nash, Town Clerk
Town of Avon
P.O. Box 975
Avon, CO 81620
To Kristen:
Please accept the following request to the Town of Avon for non-profit 2002
funding.
Sincerely,
-' &??-k ?I
Beth Reilly
Youth Services Coordinator
Eagle River Youth Coalition
1. Name of organization:
2. Mailing address:
3. Contact person and telephone number:
4. Purpose of the organization
Eagle River Youth Coalition
Eagle River Youth Coalition
P.O. Box 672
Mintum CO 81645
Beth M Reilly
Youths ervic-es-Coordinator
(970) 827-5651
The mission of the Eagle River Youth Coalition is to assess and meet the
changing needs of Eagle River youth through the youth serving organizations.
5. Amount requested from the Town of Avon
The Eagle River Youth Coalition requests $1,200.00
(an amount equal to $1.00 per Avon youth under the age of 18 assuming that
youth under 18 in Avon represent 23.5% of the Avon population. Youth under
18, according to census data, represent 23.5% of the county population.)
6. Amount requested and/ or provided from other agencies, organizations,
companies
Eagle County grant: $32,000
Board member donations: $3000.00
Donations -corporate, government and other: $32,000
7. Explanation of the need for funds:
a. Description of the organization:
The mission of the Eagle River Youth Coalition is to assess and meet the
changing needs of Eagle River Youth through the youth serving
organizations. The mission of the Eagle River Youth Coalition shall be
achieved by identifying issues and mobilizing the community for positive
change, promoting the assets of youth and raising the level of youth esteem,
supporting coordination and collaboration and enhancing resource
development.
r
L.
E
More than fifty youth serving organizations and individuals in Eagle County
are represented in the Eagle River Youth Coalition. Coalition members is
include, government, non- profits, recreation districts, public and private
schools, law enforcement, medical and mental health service providers,
religious, organizations, youth and more.
The model the Eagle River Youth Coalition has chosen to develop healthy
youth is the popular and effective Assets model. Examples of some projects
are:
Assets- teaching and training multiple organizations about the Assets
model and how the can effectively utilize the model to promote
healthy youth.
The Eagle Cares Survey- assessing the needs of youth
Eagleyouth.org- a web site to link youth with all the opportunities
provided by county-wide youth serving organizations
Monthly Coalition meetings- for youth serving organizations to
network and use resources effectively.
Wellness fair- a yearly fair with the goal of improving emotional
wellness among youth
... and more
b. How the organization benefits the Avon community
The overall approach will promote a healthy community and healthy youth
® 1. Avon youth are aWeAo sere cffcGtivcly access -infer-oration regarding
community-wide youth serving programs.
2. Avon based youth serving organizations have the opportunity to
collaborate and coordinate with other youth serving organizations in
order to effectively utilize resources and develop a comprehensive
strategy to serve youth
3. Avon will have access to another marketing tool to promote their
programs, events and services through the Eagle River Youth Coalition.
4. Community assessments completed by the Eagle River Youth Coalition
will help the Town of Avon identify areas of concern and strategize to
improve services to youth
5. Although the Eagle River Youth- Coalition focuses on all youth between
the ages of 10 and 18, special efforts seek to reach out to youth that are
currently underserved. There are pocket neighborhoods in Avon where
youth are not currently fully involved in the multiple opportunities that
are available. By reaching out to this group they.will--be less likely to
engage in risk taking behavior that can have negative effects on the entire
community.
11
c. Anticipated budget for the organization
Revenues:
Eagle County Matching grant $32,000
Board member donations $3000
Donations,- corp, govt, and other 1210-00
Total $67,000
Expenditures:
Directors salary $37,500
Payroll taxes $3,300
Health insurance $4,300
Travel and auto reim $2,300
Collaborative Community Trainings $3,000
Communications $1,000
Office supplies $1,000
Web site maintenance $5,000
Marketing services to youth $2,500
Collaborative projects for youth $2,500
Postage $1,000
Contingencies $3,600
Total: $67,000
d. What marketing effect the program will have for the Town of Avon
The Eagle River Youth Coalition will assist the Town of Avon in marketing
it's youth serving events and programs through the web site, coalition
networking meetings, and other creative strategies.
e. Progress report
The intent of the Eagle River Youth Coalition is to produce an annual report
describing its activities. The Eagle River Youth Coalition will provide all
funders a copy of this report.
8. At this time the Town of Avon does not provide any in-kind services to the
Eagle River Youth Coalition. However, in-kind contributions would be
welcomed including office supplies, office space, recreation passes as door
prizes for youth events, etc.
The Eagle River Youth Coalition is a newly formed 501 (c) (3). The organization
is expecting its determination letter to arrive at the end of August or early
September. As soon as the letter arrives a copy will be forwarded to the Town of
Avon.
.
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0 August 31, 2001
Town of Avon
c/o Kristen Nash, Town Clerk
PO Box 975
Avon, CO 81620
Dear Ms. Nash,
On behalf of Casino 2002, I would like to request that the Town of Avon become one of
our Blue Chip Sponsors ($1,000.) for the April 2002 event. This will be the 15th year for
this event which raises funds for nine early childhood programs in the Vail Valley. A
Blue Chip sponsorship would provide the Town of Avon with their name on one of the
prominent gaming tables, additional signage at the event, top billing with other Blue Chip
Sponsors in all newspaper ads and posters plus mention in radio/TV advertising.
In 2001 other Blue Chip Sponsors included Town of Vail, Vail Resorts, Vail Valley
Foundation, Sonnenalp Foundation, 1 st Bank of Vail and Avon and Beaver Creek Resort
Company.
Casino 2001 had approximately 900 persons attend and raised $106,604. The net of
$95,844 was divided between the nine participating schools. The money is divided by
the amount of sponsorships and silent auction items each school raises, and a percentage
of the "door". If the Town of Avon chooses to purchase a sponsorship, I would like to
suggest that you name Avon Elementary School's preschool, Prater Lane Play School and
the Family Learning Center in Edwards to share in your sponsorship. These are probably
the primary schools that Avon residents' children attend.
Name: Casino 2002 (for early childhood education programs)
Mailing Address: c/o Prater Lane Play School, Vail Resorts, PO Box 7, Vail, CO 81658
Contact Person: Virginia Mallon or Nancy Nottingham... 845-2670
Amount requested: $1,000 Blue Chip Sponsorship.. $500 and $250 sponsorships available
501(c3) information: All schools participating in the event use the Learning Tree's
number for ease of gaming license application and accounting (see
attached information)
Thank you for your consideration of this application. OR
Sincerely, c? ?vp,,c-? ?o (ham.-?,
Nancy Nottingham,
Manager Childcare Programs
Vail Resorts ?'
CASINO TABLE SPONSORS
8LUIS -CH I TA
$1000.00
Sponsorship of one craps table or one of the special tables
Sign with name on sponsored table
Sponsor's name displayed prominently at event
Top billing on list of sponsors on posters and all advertising
Mentioned in some radio/TV advertising
Mentioned as Blue Chip sponsor in newspaper ad
10 free tickets to Casino Night
Tax deductible donation receipt: You may claim 50 % of your donation on your taxes
Ability to purchase additional tickets at a reduced rate of $10.00 each
RED CHIP TABLE
$500.00
Sponsorship of one small craps table/ or other special table
Sign with name on sponsored table
Sponsor's name displayed in foyer
Second listing of sponsors on posters and other newspaper ads
6 free tickets for Casino Night
Tax deductible donation receipt. You may claim 50 % of your donation on your taxes.
Ability to purchase additional tickets at a reduced rate of $10.00 each
WHITE CHIP TABLE
$250.00
Sponsorship of one gaming table
Sign with name on sponsored table
Sponsor's name displayed in foyer
Listed on fliers, posters, and in newspaper advertising
4 free tickets to Casino Night
Tax deductible donation receipt. You may claim 50 % of your donation on your taxes.
Ability to purchase additional tickets at a reduced rate of $10.00 each
L`
L'
LEARNING TREE, INC.
129 N. FRONTAGE ROAD
VAIL, COLORADO 81657
(970) 476-5684
RECEIVED FROM:
AMOUNT RECEIVED:
DATE OF DONATION:
Please keep this receipt, as it is valuable. Learning Tree, Inc., by
Internal Revenue Service Determination letter dated September 16,
1980, has been advised that contributions to Learning Tree by
bequest, legacy, devise, transfer of gift, are deductible to the donor
pursuant to ss 170, 20553, 2106 and 2522 of the Internal Revenue code.
Thank you for your contribution.
Learning Tree, Inc.
Tax Exempt Number: 84-0782643
By
Title/may
LJ
Casino Night
Sponsor Donation Information
Name of Business:
Address:
Phone:
Owner/Manager:
Please indicate sponsorship amount pledged with an "X"
Blue Chip Table
Red Chip Table
White Chip Table
Reserved Table
Other donations
$1000.00
$500.00
$250.00
$100.00
Extra Tickets @ $10.00/each $
Please indicate the name of the participating program(s) you would like your
donation credited to:
ABC School Area Elementary Preschools L.eaming Tree Mt. Tots Pooh Comer Prater Lane Playschool
Or
All Schools Or Other
In order to have your name appear on the printed advertisements and
publicity, please return this form to Prater Lane Playschool in the enclosed .
envelope and postmarked by no later than Friday, March 2nd. We will send
you a tax deductible donation receipt and your tickets when we receive your
donation. Please make checks payable to Learning Tree and Mail to:
Casino Night
Prater Lane Playschool
P.O. Box 7 (#38)
Vail, CO 81658
845-2670
o crams p?c a c? ?? ?ctY?sars z ?GV1
Casino 2001 is quickly approaching and the Eagle County Early Childhood Programs
are once again looking to you to help strengthen the partnership we have built
between the community and the valley's Early Childhood Programs.
We want young children to have a higher level of care than most parents alone can
afford. Unlike public education, public subsidy is not available to most Eagle County
Early Childhood Programs.
The program directors of ABC School, Eagle County District Preschools, Learning
Tree, Mountain Tots, Pooh Corner, Prater Lane Playschool and The Family Learning
Center are working together in order to ensure that high quality educational
environments are available for young children to learn and experience the world.
Casino funds in the past have been used for quality enhancement programs such as
Accreditation, staff development, playground improvements and to purchase
classroom literacy materials that help children prepare for Kindergarten readiness.
The research being done in the field of early childhood continues to suggest that the
more experiences we have in our early years, the richer our experiences will be laterl
Eagle County Early Childhood Programs believe that we live in a caring community.
For fourteen years now we have worked together to support children and families.
You.create a strong foundation for the children in the valley. Your sponsorship of one
of the 53 gaming tables affirms our beliefs that caring -communities are motivated by a
sense of mutual obligation and a recognition:that individuals, as well as communities,
benefit from investing in experience and literacy rich environments for children and
families. There is now a bigger incentive to give to the kids. The state of Colorado also
recognizes the value of quality child care. From the year 2000 to 2004, any
taxpayer that makes a monetary contribution to promote child care In
Colorado may claim an Income tax credit of 50 % of the total contribution.
Casino 2001 will be held at The Marriott Vail Mountain Resort on Friday, April 6. Mark
your calendars NOW and get ready for some serious FUNI
The following pages describe each sponsorship, as well as the mission statement for
Eagle County Early Childhood Programs.. A written commitment, with your check must
be returned to us by Friday, March 9th to be included in the vast media advertising.
Thank you in advance for your time and support of Casino 2001, and for your
dedication to young children.
Si rely , `
CASINO 2001
DATE: Friday, April 6, 2001
BENEFITS: EAGLE COUNTY EARLY CHILDHOOD PROGRAMS
* ABC School
* District Preschools: Avon, Edwards and Gypsum
* Family Learning Center
* Pooh Corner
* Learning Tree
* Mountain Tots
* Prater Lane Play School
HISTORY: 14th year to present this event
TIM E: 7:00-Midnight ( earlier start for 2001)
PLACE: Marriott Hotel Grand. Ballroom. Free parking in the Lionshead structure and
in the West VA lot, as well as valet parking provided by the Marriott at their regular
rates.
COST: Pre-sold tickets $15 (for 1) $25 (for 2) = $400 in gaming chips
Tickets sold at the door $201$40 = $440 in gaming chips
Cash food and light dinner will be available from the Marriott. The cost of this is not
included in the ticket. Additional chips in $5 increments can be purchased from our
cashiers.
THEME: MARDI GRAS
DRESS: Festive dress
GAMING TABLES: 53 gaming tables will be available including Craps, Roulette,
Baccarat, Black Jack and Red Dog: These will be sponsored by businesses and
patrons.
PROCEEDS: Money will be distributed according to a formula agreed upon by
participating programs.
PRIZES: Due to Colorado gaming regulations, chips can't have any monetary value.
SILENT AUCTION: 7 to 9 pm..PLEASE NOTE: this is an earlier start, and an
earlier ending. There will be a 100 item, plus, Silent Auction in the entry area for some
of our larger prizes, and dinner/hotel certificates as well. This will be a cash1dredit card
(MC Nisa) check only area, sorry no gaming chips.
LIVE MASK AUCTION: 9 pm. This is a new addition to the event. Masks
decorated by artists, and celebrities will be auctioned to benefit the kids, so bring your
checkbook or credit card.
END OF BOURBON STREET: A"for purchase" prize area.
DOOR PRIZES: Prizes will be given away all evening.
TAX EXEMPT NUMBER : #84-0782643
C]
a?zo-eee?ce
VaA -batlYlQoent1n:J1(mstad' ;
:More,-?han :800 peppte 4att?nd" ,
ttfie Caslno Nlgbv200, p.:Erlda y, at
the: Marriott Grand Ballroom :In
Lionshead. The Mardi Gras-styled
charitable gambling night had
more than 50 gaming tables of pp
blackjack, roulette, and craps.'
Door prizes and a silent auction ^!"
raised $50,000 for early childhood s -;
programs in Eagle County.{
a ? 1t 3?'Yr? ? .a
CASINO NIGHT
jGfdG`
FRIDAYS
RIOTT'S VAII
GRAND
X200
APRIL
MOUNTAIN RESORT
BALLROOM
Tickets: $15 per person/$25 per couple in advance
$20 per person/$30 per couple at the door
Available at Mojo Music, Local Pre-Schools and at the door
Doors open at 7:00pm
Tables open at 8:00pm
food available & Cash Bar until midniqht
Admission buys $400worth of qaminq chips
All proceeds benefit EAGLE COUNTY EARLY CHILDHOOD PROGRAMS
39W BLUE CHIP SPONSORS
Alpine Bank 1st Bank of Avon and Vail ProTrain Performance & Fitness Studio
Beaver Creek Resort Co. Juntun6n Foundation Sonnenalp FoundatioNFaessiers
Belfor Restoration Learning Tree Alumni and Friends Town of Vail
Covered Bridge Store, Vail Lodge at Lionshead Vail Resorts, Inc.
T-Shirt & Beaver Creek Gear Peak Land Consultants, Inc. VaVail il Valle s Developnment Co.
East-West Partners, Inc.
RED CHIP SPONSORS
Braun Associates, Inc. Jo Ellen Nash & Co. Shaw Construction
Smith & Frampton/VA
Slifer
Burgemeister Family K. H. Webb Architects
Marriott Mountain Resort ,
Real Estate
Cordillera
Friends of Mountain Tots Mintum Realty Storr Family Foundation
Friends of Prater Lane R. A. Nelson and Associates The Silver Buckle
Vail Honeywagon Rubbish & Recycling
InlerNetWorks Red Lion
Riviera Electric Vogelman West
??0?? C?CJOp ?p0[?J?OG3? p ?? ??%?
ABK Builders/Mike Gass George Shaeffer Construction Resort Concepts Fine Homes
American Mortgage Grand Junction Pipe & Steel Resort Data Processing Lei
Resort Technology Partners
Amsden, Davis & Fowler
i Grandparents of Prater Lane
Gypsum Liquors Richard Dominick Architects
c
Avon Chiropract
All Mountain Computers High Country Health/Vail Orthopedics Riverwalk Orthodontics \r
hi
All Valley Construction Jenny Hejtmanek cs
Rocky Mountain Reprograp
Rich Architectural[Knight Planning
Antlers at Vail
' Johnson, Kunkle & Associates
Kenny's Double Diamond Ski Shop Rita and Scott Skelton
Bart & Yeti
s
Booth Creek Ski Holdings Land Title Guarantee Company Robin Delghen, PC
Brown Family
Cathy Thompson - State Farm Insurance Maier Family
Mary Ann & Charlie Baker Shearon Electric
Shepherd Resources
Collett Enterprises McCormick & Leeds Families Slifer Family
Timberline Commercial Real Estate
Colorado Fasteners
Inc.
Concept Mechanical Mountain Crest Builders
N. S. Finishes and Swanepool Painting Vacation Coordination
,
Cottle, Graybeal and Yaw Navarro/Lowrey LP Vail Bookkeeping & Accounting
Vail Architecture Group
Coyote Cate
Dominos Pizza Novasad, Lyle and Associates
Orison Distributing Vail Cascade Resort
Eagle Peak Photo Peak Gym, Peak Sports Physical Therapy Wagner Electric
Wester Slope Bar Supplies
Eagle Valley Babysitting Co-op PeterJamar Associates
Pinyon Builders, Inc. Wester Slope Laundry
Fiekiscape, Inc.
Fitz and Gaylord Landscaping Premier Electric Wear, Travers, Krueger and Perkins
Mike & Chris
Fox Shops Prudential Gore Range Properties White River Electric
,
Gallegos Corporation Prudential Gore Range Property Mgmnt. Wilson Family
THANKS TO OUR MEDIA SPONSORS
j j ;0111 lot
l
WTV 5, Eagle Valley Enterprise, The Vail Daily b The Vail Trail
s : Media Safari Planninq Services
For more information, call Moe Mulrooney at 476-6584
TOWN OF AVON
® REGULAR COUNCIL MEETING AGENDA
September 25, 2001 - 5:30 PM p ?
1. Call to Order / Roll Call
Citizen Input [L
h a.) Victim's Benefit Run (Linda Jones)
b.) Real Estate Transfer Tax Appeal, 5183 Longsun Lane (Michael Hayes)
c.) Public Hearing - McGrady Acres Annexation 5 f
3. Ordinances
a.) First Reading of Ordinance No. 01-08, Series of 2001, An Ordinance Approving Zoning
6for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado (R*te)
b.) Second Reading of Ordinance No. 01-09, Series of 2001, An Ordinance Approving an
Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24,
Mountain Star Subdivision, Town of Avon, Eagle County, Colorado (Ruth Borne)
Public Hearing
c.) First Reading of Ordinance No. 01-10, Series of 2001, An Ordinance Amending Chapter
® 8.31 of the Avon Municipal Code Relating to Odor Pollution (Burt Levin)
d.) First Reading of Ordinance No. 01-11, Series of 2001, An Ordinance Amending Chapter
?. 8.32 of the Avon Municipal Code Relating to Penalties for Odor Pollution (Burt Levin)
e.) First Reading of Ordinance No. 01-12, Series of 2001, An Ordinance Approving the
Barrancas Planned Unit Development (PUD) for Lots 38, 40, and 41, Block 1,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado (Ruth
Borne)
?y 4.
1
fi C
5.
• s.
Resolutions
a.) Resolution No. 01-26, Series of 2001, A Resolution Approving Preliminary Subdivision
Plan for a Resubdivision of McGrady Acres, Lots 1, 2, 3, 4 and 5, Eagle County,
Colorado (Norm Wood) Public Hearing
b.) Resolution No. 01-27, Series of 2001, A Resolution Setting Forth Findings of Fact and
Conclusions Regarding the Public Hearing Held on the Annexation Petition Filed by
EMD Limited Liability Company and Traer Creek LLC Concerning a Portion of the Land
Known as McGrady Acres (Burt Levin)
Unfinished Business
New Business
7. Town Manager Report
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda
a.) Approval of the September 11, 2001 Council Meeting Minutes
. b.) Financial Matters
.c.) Resolution No. 01-24, Series of 2001, A Resolution Approving the Third Amendment,
Mountain Star, A Resubdivision of Lot 24 and 27, Mountain Star, Town of Avon, Eagle
County, Colorado
d.) Resolution No. 01-25, Series of 2001, A Resolution Certifying Delinquent Assessment
Payments for Local Improvement District No. 1990-1 (Wildridge Special Improvement
District) for Collection by Eagle County Treasurer
e.) Contract with The Reynolds Corporation for Mountain Star Bridge Work
12. Adjournment
1 .t/ty"
E
C7
MEMORANDUM
TO: Hon. Mayor and Town Council
FROM: Burt Levin
CC: Michael C. Hayes (via email HZO@aol.com)
RE: Transfer Tax Appeal
DATE: August 30, 2001
Michael C. Hayes has appealed the town's denial of his application for an exemption
from the real property transfer tax. (See the attached paperwork.) The application is for
an exemption from imposition of the tax on the first $160,00 of the purchase price of a
home in Avon for a first time purchaser. The basis for the denial was that the application
was not filed timely and in accordance with the provisions of § 3.12.060(0)(2) of the
code, which provides:
Unless the method of transfer is contrived for the purpose of evading the real
property transfer tax imposed by this chapter, the real property transfer tax shall
not apply to the situations described below:
0. The first one hundred sixty thousand dollars of the consideration for
any sale or conveyance of real property and completed improvements for
occupancy as a primary residence provided the following conditions are
met:
1. The same applicant has not previously received an exemption
pursuant to this subsection;
2. An application for exemption is filed with the town manager
prior to payment of the tax, which application is accompanied by:
(a) an affidavit that the real property is being purchased for use as
a primary residence and not for investment or resale; and (b) a
promissory note in the amount of the tax otherwise owing and
providing that the tax and the promissory note shall be due and
payable in full in the event of resale of the property within one
year after closing.
mile lS?ssen _
From: HZO@aol.com
Sent: Wednesday, August 29, 2001 4:44 PM
To: jkessenich@avon.org
Subject: From Michael Hayes Re: transfer tax.
Julie
Thank you for following up with me regarding the Transfer tax. I understand form our
conversation that the Town Attorney and Town Manager have denied my application mostly
based on procedural issues.
I would like the opportunity to bring my issue in front of the town council in hope of have a
favorable decision. If possible I would like to present to the council at the September 11th
meeting, providing the meeting agenda permits me the time.
I look forward to your response,
Regards,
Michael Hayes
E
11
AV 0 N
C O L O R A D O
August 28, 2001
Michael C. Hayes
P.O. Box 904
Avon, CO 81620
Re: Application for real estate transfer tax exemption: lot 52B, Wildridge
Dear Mr. ayes:
Thank you for your letter of August 20, 2001, requesting an exemption pursuant
to §3.12.060(0) of the Avon Code. I am providing you with the town's response as
_--designee ofthe-town-manager.-- ----- -- --- - -
As you observe in your letter, your application for exemption was not timely filed
with the town manager as required by §3.12.060(0)(2), and thus the application must be
denied.
You may appeal this denial to the town council within thirty days.
Sin erely,
Burt Levin
Town Attorney
Post Office Box 975
400 Benchmark Road
Avon, Colorado 81620
970-748-4000
970-949-9139 Fax
970-845=7708 TTY
Michael C. Ha
P.O.Box 904 Avon, CO 81610 USA
ph 970 748 9440 fax 970 748 9438
email: hzo@aol.com
August 20, 2001
Dear Mr. Efting,
11
I am writing to your regarding the Application for Exemption Real Estate Transfer Tax for
Primary Residence. I have been a renter in the valley for over three years and recently
__purchased my home for the individual I had been renting from (Mr. Chuck McKinney). I
did not use a realtor and the Stewart Title made no mention of the Exemption Program
offered by the town of Avon.
I have read the application and I understand the normal criteria is to submit this
application prior to closing. Unfortunately, I was unable to do so, as described above. For
your information I closed on my house on August 1, 2001. At the direction of Julie
Kessenich, I called the Stewart Title to see if they were holding the Transfer tax in escrow,
but in fact they have already paid it. I am current trying to get a mortgage to take over for
the temporary financing I have in place, and through that effort I became aware of this
program offering.
I hope that the council would make a special consideration in my case as I am continuing
to entrench myself as a permanent resident of Avon.
Regards,
?I
??J
1. 1
APPLICATION FOR EXEMPTION
REAL PROPERTY TRANSFER TAX
Name of Applicant -7;wc.e ? C /' ?
Mailing Address
Phone Number Fax Number
The applicant, as purchaser of the following property;
Lot. (Z--? , Block Subdivision f C
Street Address ?( fY1 ri 5 u '*1 L- A)
Complex Name kV /4 Building/Unit
Amount of Consideration (purchase pricej_' , a - - -
Title Company
I hereby apply for the Primary Residence Exemption, Section 3.12.060.(0)(1&2), of the Avon Real
Property Transfer Tax, imposed by Chapter 3.12 of the Municipal Code of the Town of Avon.
3.12.060 Exemptions
(0) The fast one hundred sixty thousand dollars ($160,000) of the consideration for any sale or
conveyance of real property and completed improvements for occupancy as a primary residence provided
the following conditions are met;
(1) The same applicant has not previously received an exemption pursuant to this subsection.
(2) An application for exemption is filed with the town manager prior to payment of the tax,
which application is accompanied by (a) an affidavit that the real property is being purchased
for use as a primary residence and not for investment or resale and (b) a promissory note in
the amount of the tax otherwise owing and providing that the tax and the promissory note
shall be due and payable in full in the event of resale of the property within one year after
closing.
Date -a--t--=-t- Q 1_ Applicant M "L- (
I hereby certify the above described transfer of real property should be exempted from the payment of the
Avon Real Property Transfer Tax under Chapter 3.12, Section 3.12.060 of the Municipal Code of the Town
of Avon.
Date Town Manager or Designee
THE PURCHASER MUST HAVE AN APPROVED COPY OF THIS
APPLICATION PRIOR TO CLOSING OR THE TAXES COLLECTED MUST
TO BE PLACED INTO AN ESCROW ACCOUNT PENDING APPROVAL OF
THE EXEMPTION.
REAL ESTATE TRANSFER TAX EXEMPTION
AFFIDAVIT AND PROMISSORY NOTE
STATE OF COLORADO }
}
COUNTY OR EAGLE }
(grantee) being duly sworn upon his/her oath,
deposes and says:
1. On the r`Z + day of 20 d , grantee purchased the
following property in the Town of Avon, County of Eagle and State of Colorado.
Lot Subdivision w
Block L
Street Address `J tS
2. Such property was purchased for use as grantee's primary residence and not for investment or resale.
'
Total Consideration paid (purchase price) $ S Z O 0C
3. Grantee promises to pay to the Town of Avon the Real Estate Transfer Tax exempted of
co in the event of failure to abide by Section 3.12.060 of the Town of Avon Municipal
`? tie ?j 5 ec v Pe- */?o
Code.
Grantee
Date / 20 I !TI By
My Commission Expires
Witness my hand and offs
Accepted by:
Town Manager or Designee
THE PURCHASER MUST HAVE AN APPROVED COPY OF THIS
APPLICATION PRIOR TO CLOSING OR THE TAXES COLLECTED MUST
TO BE PLACED INTO AN ESCROW ACCOUNT PENDING APPROVAL OF
THE EXEMPTION
Kris Nash
From: Burt Levin
Sent: Thursday, August 30, 2001 1:45 PM
To: Julie Kessenich; Kris Nash; 'HZO@aol.com'
Subject: Appeal of denial of application for transfer tax exemption
Michael:
Please be advised that the date for the hearing of your appeal to the town council
of the denial of your application for exemption from the real estate transfer tax
has been scheduled for Tuesday, September 25, 2001. (1 will be out of town on
September 11th, and I must be present for the hearing.) The hearing will start at
5:30 and will take place in the Avon Municipal Building, 400 Benchmark Rd. in
Avon.
Please reply to this email with a confirmation that you received it and that the
date of the hearing does not create a problem for you. If September 25th is a
-problem-please advise -and- wewitrpictca mataafly-convenient dates---However,
per the town code, the date for the hearing will remain September 25th unless
you agree to waive a provision of the code requiring that the hearing be held
within thirty days of the September 5th meeting (i.e. within thirty days of the
meeting next following receipt of your appeal). Your appeal was received on
August 29th, and the date of the next meeting after receipt of your appeal is
September 5th. Thus, it is necessary for your appeal to be heard within thirty
days of September 5th, or, stated otherwise, by October 5th. Meetings are
scheduled for September 11th, 25th, and then October 9th and 23rd. So, if you
are not available on September 25th the hearing of your appeal can be held at
the next meeting only if you consent to waive the above stated provision
requiring that the hearing be held by October 5th.
Best regards.
Burt Levin
11
U
ie Memo
To:
Thru:
From:
Date:
Honorable Mayor and Town Council
Bill Efting, Town Manager 6U
Norm Wood, Town Engineeox .
September 20, 2001
Re: First Reading of Ordinance 01-08 Approving Zoning for Lots 1, 2,
and 3 of a Resubdivision of Lots 1,2,3,4 and 5 of McGrady Acres,
Town of Avon, Eagle County, Colorado
Summary: Traer Creek LLC has submitted a Zoning Application for
Lots 1, 2 and 3 of the proposed Annexation and Resubdivision of McGrady Acres,
Lots 1,2,3,4 and 5. The zoning application includes GPEH (Government, Park, and
Employee Housing) on Lot 1 and NC (Neighborhood Commercial) for Lots 2 and 3.
Lot 1 is owned by the Town of Avon and has been developed as a small pocket park
for the Eaglebend Neighborhood. Lots 2 and 3 are adjacent to proposed Post
Boulevard that will be the connecting link between 1-70 and US Highway 6.
On September 4, 2001, a public hearing was held by the Planning & Zoning
Commission on the zoning application for Lots 1,2 and 3 of the Resubdivision of
McGrady Acres, Lot 1,2,3,4 and 5. The Planning & Zoning Commission
recommended denial on the zoning application with several conditions in attached
Resolution 01-10. One of the conditions noted was that NC zoning is not appropriate
with Eaglebend Drive extending through and connecting to Post Boulevard. If
Eaglebend Drive is terminated with a cul-de-sac, then NC zoning is appropriate for
Lot 3.
On September 11, 2001, the Town Council held a public hearing on the zoning
application and then tabled action on the application and Ordinance 01-08, Series
of 2001. The applicant has revised his Preliminary Plan Application to address
public input and comments from the Council at the public hearing. The revised
Preliminary Plan Application includes termination of Eaglebend Drive with a cul-
1:Tngineering\Avon Village\Anncxation\Ord 01-08 Mcgrady Acres Zoning-Memo-2.Doc
de-sac consistent with public hearing comments and the proposed zoning
recommendations of the Planning and Zoning Commission.
Approval of Ordinance 01-08, Series of 2001, An Ordinance Approving Zoning for
Lots 1,2, and 3 of A Resubdivision of Lots 1,2,3,4, and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado is recommended.
Background: Most of the public comments regarding the proposed
zoning were centered around the compatibility of Neighborhood Commercial zoning
with the existing residential zoning. The following excerpts from the Avon Municipal
Code summarize regulations and criteria governing the NC Zone District and the RD
(Residential Duplex) Zone District:
17.20.040 Neighborhood commercial--NC.
A. Intention. The neighborhood commercial zone district is intended to
provide sites for commercial facilities and services for the principal benefit
of residents of the community and also to highway-oriented convenience
commercial needs.
B. Allowed Uses. The following uses shall be permitted in the NC district:
1. Retail stores;
2. Professional offices;
3. Car wash;
4. Restaurants;
5. Accessory apartments, exclusive of the ground level story;
6. Church;
7. Additional uses determined to be similar to allowed uses in
accordance with the intent of this zone district;
C. Special Review Uses.
1. Automobile service station and repair;
2. Commercial printing facility;
3. Aboveground public utility installations.
D. Development Standards.
1. Minimum lot size:.5 acre;
2. Maximum building height: thirty-five feet.
3. Minimum building setbacks:
Front: twenty-five feet;
Side: 7.5 feet;
Rear: ten feet;
4. Maximum site coverage: fifty percent;
5. Minimum landscape areas: twenty percent;
6. Maximum density: 7.5 units per acre of buildable area for
accessory units. The maximum residential floor area of the
accessory units shall not exceed a 2:1 ratio of the commercial floor
area. (Ord. 93-1 §1; Ord. 91-10 §1(part)).
r'1
IrJ
I:\Engineering\Avon Village\Annexation\Ord 01-08 Mcgrady Acres Zoning-Memo-2-Doc 2
17.20.060 Residential duplex--RD.
A. Intention. The residential duplex district is intended to provide sites for
low density residential development.
B. Allowed Uses. The following uses shall be permitted in the RD district:
1. Single family homes;
2. Duplex homes;
3. Accessory caretaker apartments (one per unit).
C. Special Review Uses.
1. Home occupations;
2. Residential bed and breakfast;
3. Aboveground public utility installations;
4. Church.
D. Development Standards.
1. Minimum lot size:.25 acre;
2. Maximum building height: thirty-five feet;
3. Minimum building setbacks:
Front: twenty-five feet;
Side: 7.5 feet;
Rear: ten feet;
4. Maximum site coverage: fifty percent;
5. Minimum landscaped area: twenty-five percent;
6. Maximum density: two dwelling units per lot plus one accessory
caretaker apartment per dwelling unit. (Ord. 91-10 §1(part)).
Discussion: If Council concurs with the proposed zoning in
Ordinance No. 01-08, the appropriate action would be to approve Ordinance 01-
08 on First Reading and approve the corresponding Preliminary Plan in a
subsequent Agenda Item action.
If Council does not concur with the proposed zoning in Ordinance No. 01-08, the
appropriate action would be to deny approval and suggest that the applicant
submit a revised zoning application and amended preliminary plan that addresses
the specific concerns related to the current zoning application. Action on the
Preliminary Plan at a subsequent Agenda Item should be to continue the Public
Hearing and suggest the Applicant submit a revised Preliminary Plan
corresponding with a revised zoning application.
Recommendations: Approve on First Reading, Ordinance No. 01-
08, Series of 2001, An Ordinance Approving Zoning for Lots 1,2, and 3 of a
Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision, Town of
Avon, Eagle County, Colorado.
11
L\Engineering\Avon Village\Annexation\Ord 01-08 Mcgrady Acres Zoning-Memo-2.Doc
Alternatives: Deny approval on First Reading, Ordinance No. 01-08,
Series of 2001, An Ordinance Approving Zoning for Lots 1,2, and 3 of a
Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision, Town of
Avon, Eagle County, Colorado.
Proposed Motion: I make motion to approve (deny) on First Reading,
Ordinance No. 01-08, Series of 2001, An Ordinance Approving Zoning for Lots
1,2, and 3 of a Resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado.
Town Manager Comments:
E
1]
l:\Engineering\Avon VillageWnnexation\ord 01-08 Mcgrady Acres Zoning-Memo-2.Doc 4
0 TOWN OF AVON
ORDINANCE NO. 01-08
SERIES OF 2001
AN ORDINANCE APPROVING ZONING FOR LOTS 1, 2, AND 3
OF A RESUBDIVISION OF LOTS 1, 2, 3, 4 AND 5 OF MCGRADY
ACRES SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, Traer Creek LLC has applied for zoning for Lots 1, 2, and 3 of a
resubdivision of Lots 1, 2, 3, 4 and 5 of McGrady Acres Subdivision from Eagle County PUD
(Planned Unit Development) to NC (Neighborhood Commercial) and GPEH (Government, Park,
and Employee Housing); and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on September 4, 2001, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
zoning application; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the zoning application to the Town Council of the Town of
Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2001, at which time the public was given an opportunity to express
their opinions regarding the application; and
WHEREAS, the Town Council of the Town of Avon finds as follows:
LJ
1. The proposed zoning is justified by changed or changing conditions in the
character of the area proposed to be zoned.
2. The proposed zoning is consistent with the Town's Comprehensive Plan.
3. The proposed use(s) are compatible with the surrounding area or uses.
4. Adequate facilities are available to serve the development for the type and scope
suggested by the proposed zone.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
1. Traer Creek LLC's application zoning for Lots 1, 2, and 3 of a resubdivision of Lots 1, 2, 3, 4
and 5 of McGrady Acres Subdivision from Eagle County PUD (Planned Unit Development)
to NC (Neighborhood Commercial) on Lots 2 and 3 and GPEH (Government, Park, and
Employee Housing) on Lot 1 is hereby approved.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of , 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the day of
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
11
•
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
LJ
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
C7
TOWN OF AVON 0
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-10
SERIES OF 2001
A RESOLUTION RECOMMENDING DENIAL TO THE TOWN COUNCIL
OF AN AMENDMENT TO THE ZONING FROM EAGLE COUNTY
PLANNED UNIT DEVELOPMENT (PUD) TO GOVEWMENT. PARK AND
EMPLOYEE HOUSING (GPEH) AND NEIGHBORHOOD COMMERCIAL.
(NC), AS STIPULATED IN TITLE 17 OF THE AVON MUNICIPAL CODE,
FOR LOTS 1, 2, AND 3 OF A RESUBDIVISION OF LOTS 1.2, 3, 4, AND 3
OF MCGRADY ACRES SUBDIVISION, TOWN OF AVON, EAGLE
COUNTY, COLORADO
W HEREAS, Traer Creek LLC, owner of A Resubdivision of Lots 1, 2, 3, 4, and 3 of McCrady
Acres Subdivision, have applied for an amendment to the Zone District Map to change the zoning
designation from Eagle County Planned Unit Development (PUD) to Govemmerit, Park and Employee
Housing (GPEH) and Neighborhood Commercial (NC) as stipulated in ride 17, of the Avon Municipal
Code for Lot 1, 2, and 3 of A Resubdivision of Lots 1, 2, 3, 4, and S of McCrady Acres Subdivision; and
t T 7tIEREAS, a public hearing has been held by the Planning do Zoning CommLwion of the Town of
W Avon, pursuant to notices required by law, at which time the applicant and the public were given
an opportunity to express their opinions and present certain information and reports regarding the proposed
Zoning District Map amendment application; and
WHEREAS, the Planning dr Zoning Commission has considered the following:
1. Is the proposed rezoning justified by changed or changing conditions in the character of the area
proposed to be rezoned?
2. Is the proposed rezoning consistent with town's Comprehensive Ptah?
3. Is the proposed use(s) compatible with the surrounding area or uses?
4. Are adequate facilities available to serve development for the type and scope suggested by the
proposed zone change?
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission hereby
recommends a denial to the Town Council of the Town of Avon, Colorado for an amendment to the
Zone District Map changing the zoning designation from Eagle County PUD to GovernmeK Park, and
Employee Housing (GPEH) for Lot 1 and Neighborhood Commercial (NC) for Lots 2 and 3 of
A Resubdivision of Lots 1, 2, 3, 4, and S of McCrady Acres Subdivision, citing the following findings and
conditions:
F:\Ptannft d Zoning C=wanionutew1u"tA2001 ReWutim\01-10 McOrady Asa- ZmftAoe
FINDINGS:
1. The character of Eaglebend Drive neighborhood as it currently exists should be prweric&
2. A cul-de-sac is not recommended from a planning point of view.
3. If a cul-de-sac is put in, Neighborhood Commercial zoning of these lots is appropriate.
4. If the road is a continuous through, street, Neighborhood Commercial zoning of Lots I and 3 is
inappropriate. Thought should be given to Lot I being open space and Lot 3 high density
residential, a park or purchased open space by the Town of Avon.
ADOPTED THIS 4th DAY OF Sepmmbw,2001
ftmd
Due:/ylo
Chris Evans, Chair
Att"t.
052PA4-f Dee:
Paul Klein, Secn:tuy
E
Me o
Dane September 20, 2001
TO. Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager;?Ice
From Ruth Borne, Director of Community Development
Eric Johnson, Planning Technician 5?
Re: Second Reading of Ordinance 01-09, An Ordinance Amending the Mountain
Star PUD for Lots 27 and 24, Mountain Star Subdivision
Summary
Lots 27 and 24 of the Mountain Star Subdivision are owned by Richard Rogel. He intends
to vacate the lot line between Lot 27 and Lot 24 to create a larger Lot 27. The Rogel
residence has been built on Lot 27 and Lot 24 is a vacant lot. Lot 24's development rights
would be vacated leaving the larger Lot 27 with one development right. The Mountain Star
Homeowners Association amended their Declarations on July 31, 2001 (Sixth
Supplemental Amendment) to acknowledge the loss of one development right on Lot 24
and the creation of the larger Lot 27.
On September 4, 2001 the Planning and Zoning Commission approved Resolution 01-08,
recommending approval to the Town Council for the PUD Amendment. On September 11,
2001 the Town Council approved the first reading of Ordinance 01-09, amending the
Mountain Star PUD for Lots 27 and 24.
Recommendation
Staff recommends that the Town Council pass Ordinance 01-09, amending the Mountain
Star PUD for Lots 27 and 24, Mountain Star Subdivision.
Alternatives
1. Approve
2. Approve with conditions
3. Deny the application in whole or in part
Proposed Motion
"1 move to approve on second reading Ordinance 01-09, approving an amendment to the
Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle
County, Colorado. "
Memo to Town Council, September 25, 2001 Page 1 of 2
Ordinance 01-09, Amend Lot 27 MTST PUD
Town Manager Comments
11
Attachments:
A. Ordinance 01-09
B. Planning and Zoning Commission Staff Report
C. Planning and Zoning Commission Resolution 01-08
t? 1
?J
Page 2 of 2
Memo to Town Council, September 25, 2001
Ordinance 01-09, Amend Lot 27 MTST PUD
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 25th DAY OF
SEPTEMBER 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-09, SERIES OF
2001:
An Ordinance Approving an Amendment of the Mountain Star Planned Unit Development
(PUD) for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 12th day of September 200
Y 1.
TOWN/ )F AVON, COLORADO
BY:
Kds/Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 14", 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
TOWN OF AVON
ORDINANCE NO. 01-09 •
SERIES OF 2001
AN ORDINANCE APPROVING AN AMENDMENT OF THE
MOUNTAIN STAR PLANNED UNIT DEVELOPMENT (PUD)
FOR LOTS 27 AND 24, MOUNTAIN STAR SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Richard Rogel has applied to amend the Mountain Star PUD for Lots 27
and 24, Mountain Star Subdivision; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on September 4, 2001, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD amendment; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the proposed PUD amendment to the Town Council of the
Town of Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2001, at which time the public was given an opportunity
to express their opinions regarding the proposed PUD amendment; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues
were submitted at those hearings.
F:\Council (c)\0rdinances\2001\Ord 01-09 L27,24 MTST PUD amendmentvldoc
2. That the amendment of the Mountain Star PUD for Lots 27 and 24, Mountain Star
Subdivision is consistent with goals and objectives of the Town's Comprehensive
Is Plan, is compatible with surrounding neighborhood and is consistent with the
public interest.
3. That the development standards for Lots 27 and 24, Mountain Star Subdivision
comply with each of the Town of Avon's PUD design criteria and that this
proposed development is consistent with the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
The amendment to the Mountain Star PUD for Lots 27 and 24, Mountain Star Subdivision is
hereby approved, with the following condition:
1. That this PUD amendment is conditioned upon the approval of the resubdivision of Lots 27
and 24 to combine its portions into Lot 27.
0 INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this -a I day of September, 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the 2 F,_ day of September,
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
y Yoder, a r
T:
Kris Nash, Town Clerk
E
FACouncil (c)\0rdinances\2001\Ord 01-09 L27,24 MTST PUD amendn-wav2.doc
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
ATTEST:
Kris Nash, Town Clerk
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
APPROVED AS TO FORM:
Burt Levin, Town Attorney 9
U
FACouncil (c)\Ordinances\2001\Ord 01-09 L27,24 MTST PUD amendmentvldoc
Town of Avon
• PUD
Staff Report
September 4, 2001 Planning & Zoning Commission Meeting
Report Date August 30, 2001
Project Type Planned Unit Development Amendment
Legal Description Lots 24 & 27, Mountain Star Subdivision
Current Zoning Planned Unit Development (PUD) (2 Single Family
Lots)
Address 1428 Paintbrush
Introduction
The applicant, Richard Rogel, owns Lots 24 and 27 in the Mountain Star Subdivision. He is
seeking a PUD amendment in order to combine both lots, thus removing a development right
from Lot 24 and creating a larger Lot 27. His residence is -constructed-&-n-
onstructed on Lot 27. --
Accompanying this PUD amendment is an amended final plat which will vacate the lot line
between these two properties.
PUD Design Criteria
The following design criteria shall be used as the principal criteria in evaluating a PUD. It shall
be the burden of the applicant to demonstrate submittal material and the proposed development
plan comply with each of the following design criteria or demonstrate that one or more of them
is not applicable or that a particular development solution consistent with the public interest has
been achieved.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
Policy A1.3 of the Comprehensive Plan encourages the use of PUDs where it will provide a
benefit to the community and is compatible with surrounding development.
2. Conformity and compliance with the overall design theme of the town, the sub-area
design recommendations and design guidelines of the Town.
The application complies with the general design theme of the town and the Mountain Star
design guidelines. The project has received approval from the Mountain Star DRB and
Homeowners Association and the protective covenants have been amended to accommodate
this application.
3. Design compatibility with the immediate environment, neighborhood and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character and orientation.
The project complies with the design compatibility of the immediate environment. The
existing home on Lot 27 has been approved by the Design Review Board.
4. Uses, activity and density which provide a compatible, efficient, and workable
relationship with surrounding uses and activity.
Uses and density proposed are compatible with surrounding uses and activity.
Town of Avon Community Development (970) 748 4030
Fax (970) 949-5749
Mountain Star PUD Amendment
Lots 24 and 27, Mountain Star Subdivision page 2 of 3
September 4, 2001 Planning & Zoning Commission meeting
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
No further disturbances are proposed with this amendment.
6. Site plan, building design, location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and
overall aesthetic quality of the community.
This application will provide a higher aesthetic amount quality, will eliminate a development
right on Lot 24 and provide a significant pane
7. A circulation system designed for both vehicles and pedestrians addressing on and off
site traffic circulation that is compatible with the town transportation plan.
11
Circulation is not an issue with this amendment.
8. Functional and aesthetic landscaping and open space in order to optimize and preserve
as ura ea res, Fec?rea-ttoir, views-an n?
The creation of a large lot will enhance and preserve natural features and views.
9. Phasing plan or subdivision plan that will maintain a workable, functional and efficient
relationship throughout the development of the PUD. The phasing plan shall clearly
demonstrate that each phase can be workable, functional and efficient without relying
upon completion of future project phases.
No phasing plan accompanies this application. A residence has already been constructed on
Lot 27.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks and police and fire protection.
Public services are adequate.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
This application will not generate additional traffic.
12. Development Standards
Setbacks:
Front: Variable.
Rear: Variable.
Side: Variable.
Height: PUD guide: 28'.
Density: 1 unit per 2.01 acres (Lot 27) / 1 unit per 4.24 acres (Combined Lot 27/24)
Site Coverage: 4.5% as proposed (Combined Lot 27/24)
Landscaping: 90%+ as proposed (Combined Lot 27/24).
Fax (970) 949-5749
970) 748-4030
Town of Avon Community Development
Mountain Star PUD Amendment
Lots 24 and 27, Mountain Star Subdivision
September 4, 2001 Planning & Zoning Commission meeting Page 3 of 3
Staff Comments
Staff supports the PUD Amendment as proposed. The Mountain Star Homeowners Association
amended their Declarations on July 31, 2001 (Sixth Supplemental Amendment) to acknowledge
the loss of one development right on Lot 24 and the creation of a larger Lot 27. Accompanying
this amendment will be an amended final plat to finalize the lot line vacation.
Staff Recommendation
Staff recommends approval of the PUD Amendment to remove a development right from Lot 24,
vacating the lot line between Lots 24 and 27 and creating a larger Lot 27.
Recommended Motion
I move to approve Resolution 01-08 recommending to the Town Council approval of the
application for an amendment to the Mountain Star PUD to establish Lot 27 as a single-family
lot, vacating the lot line between existing Lot 27 and Lot 24 and eliminating Lot 24.
If you have any questions regarding this project or anything in this report, please call me at
748.4413 or stop by the Community Development Department.
Respectfully submitted,
Eric Johnson
E
Town of Avon Community Development 970) 748-4030 Fax (970) 949-5749
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• TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-08
SERIES OF 2001
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF
THE TOWN OF AVON APPROVAL OF A PUD AMENDMENT TO THE
MOUNTAINSTAR PUD FOR LOT 27 AND LOT 24, MOUNTAIN STAR
SUBDIVISIDN-,TO OF-AVO", AGLE`COUNTY,-COL0
WHEREAS, Richard Rogel has applied for an amendment to the Mountain Star PUD to
combine Lot 27 and Lot 24 into a single-family lot.
WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon.
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council of the Town of Avon approval of the application
for amendment to the Mountain Star PUD to establish Lot 27 as a single-family lot,
vacating the lot line between existing Lot 27 and Lot 24 and eliminating Lot 24.
ADOPTED THIS 4th DAY OF SEPTEMBER, 2001
Signe
Date:
Chris Evans, Chair
Attest
W= Date: ?- - 01
Paul Klein, Secretary
® ORDINANCE NO. 01 - 10
AN ORDINANCE AMENDING CHAPTER 8.31 OF THE AVON MUNICIPAL
CODE RELATING TO ODOR POLLUTION
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Section 8.31.030 of the Municipal Code of the Town of
Avon is hereby repealed and reenacted to provide as follows:
8.31.030 Odor Violations. (a) It shall be deemed an unlawful nuisance for any
person to cause or permit the emission of odorous air contaminants or particulate air
contaminants from any source such as to result in detectable odors and/or particulate
emissions within the Town of Avon which leave the premises upon which they originated
and which interfere with the reasonable and comfortable use and enjoyment of property,
An odor shall be deemed to interfere with reasonable and comfortable use and en j of property if it meets or exceeds any of the following limits: J yment
(1) It is a violation if odorous contaminants are detected when one (1) volume of
the odorous air has been diluted with seven (7) or more volumes of odor-free air, as
measured by the Barnaby Chaney Scentometer or any other instrument or device
® designated by the Colorado Air Pollution Control Division, as so shown by a certificate
from the Division, which said certificate shall be admitted in evidence as a self-
authentication document. Personnel shall be certified and equipment shall be certified
and maintained in accordance with the manufacturer's specifications and
recommendations and the Colorado Air Pollution Control Division.
(2) It is a violation to continuously emit particulate air contaminants above levels
allowed in the U.S. EPA National Ambient Air Quality Standards (NAAQS) and/or
Colorado Department of Health Standards, whichever is more strict, and then at no more
than twenty percent (20%) opacity.
(3) A violation exists when the Town of Avon is in receipt of three (3) or more
calls from individuals representing separate properties with the Town of Avon within an
eight-hour period relating to a single odor description. The Town of Avon shall provide a
designated phone number to call to report an odor complaint. The complaints shall be
recorded by a staff member or by electronic means and shall be considered as an
individual odor complaint when the following information is provided:
a. Name, address, and phone number of complainant.
b. Time and date of call.
c. Description of odor nuisance, including estimated location or source of
complaint.
(b) Exceptions. Violation of the odorous air contaminant standard may not be subject to
penalty if any of the following circumstances exist:
(1) The routine start-up, shutdown, cleaning, maintenance or testing of machinery
or equipment designated to control, reduce or eliminate emissions, where persons
undertaking such activities notify the Town of Avon in writing forty-eight (48) hours in
advance and the procedure is not conducted during a high-pollution alert. Such notice
shall include the date, duration and approximate time that the repair or maintenance
activity shall be engaged in. Approval of the activity must be provided in writing by the
Town of Avon, which may add limitations to the proposed actions if deemed necessary to
best address the public welfare. After receipt of said notice, the Town of Avon may, if
deemed necessary, issue public service advisories that odor conditions may exist.
(2) Temporary sources or events, such as rodeos, county fairs, and stock shows.
(3) Odorous air contaminants existing solely within residences, or solely within
commercial and industrial plants, works or shops, or to affect the relations between
employers and employees with respect to or arising out of any condition of air pollution,
provided that such odors do not penetrate the atmosphere and extend beyond the property
boundary so as to become a public nuisance.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this day of , 2001, and a public hearing on
this Ordinance shall be held at the regular meeting of the Town Council of the Town of
Avon, Colorado on the _ day of , 2001, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON
Judy Yoder, Mayor
ATTEST:
11
i
Kris Nash, Town Clerk
E
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this day of
2001.
TOWN OF AVON
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
11
3
ORDINANCE NO. 01 - II
AN ORDINANCE AMENDING
CHAPTER 8.32 OF THE AVON MUNICIPAL
CODE RELATING TO PENALTIES FOR ODOR POLLUTION
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. A new Section 8.32.010(D) is hereby added to the
Municipal Code of the Town of Avon as follows:
8.32.010(D) Notwithstanding the foregoing penalty provisions of sections
8.32.010(A) - (C) herein, and in accordance with section 25-7-128(8), C.R.S., any person
who is guilty of an odor violation as set forth in section 8-31-030 of the Avon Municipal
Code shall be subject to a penalty of not more than three hundred dollars. Each day
during which such a violation occurs shall be deemed a separate oens?
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this day of , 2001, and a public hearing on
this Ordinance shall be held at the regular meeting of the Town Council of the Town of
Avon, Colorado on the day of , 2001, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this day of 2001.
U
TOWN OF AVON
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
1?1
C
11
2
:Memo
To. Honorable Mayor and Town Council
Thm: Bill Efting, Town Manager '0 -'
From: Ruth Borne, Director of Community Development
Eric Johnson, Planning Technician
DaW September 20, 2001
Re: First Reading of ordinance 01-12, An Ordinance Approving the
Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver
- Creek Subdivision
Summary
Tanavon Corporation has submitted a PUD application for Barrancas, a 45-unit affordable
and employee housing project located on Lots 38, 40, and 41, Block 1 Benchmark at
Beaver Creek Subdivision. The PUD is for 18 units in 6 buildings on Lot 40 and 27 units in
9 buildings on Lot 41. Lot 38 would remain undeveloped and be dedicated as open space.
The Barrancas PUD is located along Metcalf Road north of Avon Auto Body and south of
the intersection of Metcalf Road and Wildwood Road. The entire development will occur on
the west side of the Metcalf Drainage Ditch with the exception of some of the parking on the
east side of the Metcalf Ditch for Lot 41.
On September 18, 2001 the Planning and Zoning Commission approved Resolution 01-15,
recommending approval to the Town Council for the Barrancas PUD.
Background
• Ordinance 81-33, creates a PUD for Lots 38, 40, and 41 through a transfer of
development rights from the Wildridge Subdivision.
• Original concept for employee housing, named "The Cove", reviewed by the
Planning and Zoning Commission on February 3,1998.
• Concept Review of The Cove on May 29, 1998 by the Planning and Zoning
Commission.
Recommendation
Staff recommends that the Town Council approve Ordinance 01-12, for the Barrancas PUD
on Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision.
Memo to Town Council, September 25, 2001 Page 1 of 2
Ordinance 01-12, Barrancas PUD
Alternatives
1. Approve
2. Approve with conditions
3. Table
4. Deny the application in whole or in part
Proposed Motion
I move to approve on first reading Ordinance 01-12, the Barrancas PUD for Lots 38, 40,
and 41, Block 1, Benchmark at Beaver Creek Subdivision."
Town Manager Comments
Attachments:
A - Ordinance 01-12
B - Planning and Zoning Resolution 01-15
C - Planning and Zoning Commission Staff Report
D - Site Plan and Elevations
Page 2 of 2
Memo to Town Council, September 25, 2001
Ordinance 01-12, Barrancas PUD
r?
11
n
TOWN OF AVON
• ORDINANCE NO. 01-12
SERIES OF 2001
AN ORDINANCE APPROVING THE BARRANCAS
PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 38, 409
AND 41, BLOCK 1, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO,
WHEREAS, the Tanavon Coporation has applied for the Barrancas PUD for Lots 38, 40,
and 41, Block 1, Benchmark at Beaver Creek Subdivision; and
WHEREAS, the proper posting, publication and public notices for the hearings before
the Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on September 18, 2001, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
proposed PUD; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the proposed PUD to the Town Council of the Town of
Avon; and
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2001, at which time the public was given an opportunity
to express their opinions regarding the proposed PUD; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues
were submitted at those hearings.
2. That the Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver
Creek Subdivision is consistent with goals and objectives of the Town's
Comprehensive Plan, is compatible with surrounding neighborhood and is
consistent with the public interest.
3. That the development standards for the Barrancas PUD for Lots 38, 40, and 41,
Block 1, Benchmark at Beaver Creek Subdivision comply with each of the Town
of Avon's PUD design criteria and that this proposed development is consistent
with the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
The Barrancas PUD for Lots 38, 40, and 41. Block 1, Benchmark at Beaver Creek Subdivision is
hereby approved, with the following condition: 0
Concurrent with the Final Design application the following items must be provided:
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 4'0" in height.
3. Revise grading at the furthest north building on Lot 41.
4. Permanent and temporary erosion control.
5. Label each unit.
Prior to Issuance of a Building Permit the following items must be provided:
1. Execution of Deed Restriction Agreement with the Town of Avon.
2. Approval from the Army Corps of Engineers.
3. Verification of water pressure and anticipated flow.
4. Resolution on fire access and sprinkler requirement.
n
FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of September, 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the day of September,
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
E
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
0 Burt Levin, Town Attorney
FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc
Town of Avon
PUD
Staff Report
September 18, 2001 Planning & Zoning Commission meeting
Report Date September 14, 2001
Project Type Planned Unit Development (PUD) for 45 units of multifamily
housing, Barrancas Legal Description Lots 38, 40, & 41, Block 1, Benchmark at Beaver Creek
Subdivision
Current Zoning Planned Unit Development (PUD) - Affordable and Employee
Housing and Open Space
Address 491 Metcalf Road
r?
Introduction
The applicant, Ray Nielsen, is proposing Barrancas; a 45-unit affordable and employee housing
"_-- projectloca-ted on Lots-3 8, 4(T, and 41-of the previously titled-"The CoveiPUD_ The PUD-
designation for these lots was originally approved by ordinance in 1981 through a transfer of
development rights from a residential density `pool' that were not assigned elsewhere in
Wildridge. The original configuration of this density transfer was for 12 units on Lot 38, 8 units
on Lot 40, and 15 units on Lot 41. The original concept for employee housing at this location
was reviewed on February 3, 1998 and a Concept Review subsequently reviewed on May 29,
1998.
The current proposal is for 18 units in 6 buildings on Lot 40, and 27 units in 9 buildings on Lot
41 for a total of 45 units. Each building proposed will contain three two-bedroom dwelling units
with the ground floor level containing a three-car garage. Lot 38 will not be developed and is
proposed as open space. There will be a portion of the parking for Lot 41 on the Metcalf Road
side of the Metcalf Drainage Ditch that connects to the development via a pedestrian bridge.
PUD Design Criteria
The following design criteria shall be used as the principal criteria in evaluating a PUD. It shall
be the burden of the applicant to demonstrate that submittal material and the proposed
development plan comply with each of the following design criteria or demonstrate that one or
more of them is not applicable or that a particular development solution consistent with the
public interest has been achieved.
1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives.
This project will provide affordable housing for the community which conforms to Policy
Al .3 of the Comprehensive Plan. The Plan encourages the use of PUDs where it will
provide a benefit to the community and is compatible with surrounding development. The
proposed affordable housing will also comply with Goal C l to provide diverse, quality
housing to serve all economic segments of the population. As of yet, there have been no deed
restrictions proposed.
Policy A1.6 and A3.7 both recommend t Lot 38 will be undeveloped and be designated
undeveloped as open space and so designated.
as open space.
Fax (970) 949-5749
Town of Avon Community Development (970) 748-4030
Barrancas PUD, Lots 38, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision
September 18, 2001 Planning & Zoning Commission meeting Page 2 of 5
2. Conformity and compliance with the overall design theme of the Town, the sub-area
design recommendations and design guidelines of the Town.
The project is different from the residential design themes found throughout the Town of
Avon. The project is adjacent to the primary Industrial and Commercial zone district and
presents a very `industrial-like' appearance similar to other buildings in the immediate area.
The development is along the prominent entrance to the largest residential area in Avon
(Wildridge Subdivision).
The proposed design of the buildings includes garaged parking and adequate storage. There
will be two units accessible via elevator. The access to the units will be from exterior, open-
air stairwells. There are no proposed decks on the buildings.
3. Design compatibility with the immediate environment, neighborhood and adjacent
properties relative to architectural design, scale, bulk, building height, buffer zones,
character and orientation.
The project is located on two lots with difficult access and building conditions due to the
steep slope. The significant setback distance from Metcalf Road will reduce the project's
mass and scale as perceived from the road. Additionally,-the projectis similar in scale, height-
and architectural design to the immediately adjacent developments. Barrancas appears to
provide a transition between the industrial district of Metcalf Road and the residential areas
of Wildridge.
4. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity;
The original density transfer to these three properties was for 35 units and this application
proposes 45 units, removing the original 12 units from Lot 38. The addition of 10 units does
not appear to affect the proposal negatively. This application appears to provide adequate
access, parking and avoidance of potential debris flow drainages. Lots 38, 40 and 41 are
difficult lots to develop. The proposed residential high-density use is an appropriate use for
these lots and should provide a buffer between the industrial areas to the south and residential
areas to the north.
5. Identification and mitigation or avoidance of natural and/or geologic hazards that
affect the property upon which the PUD is proposed.
The applicant has identified potential wildlife, wetland and drainage issues. This application
contains information on soil and potential geologic hazards and constraints that may be
present in the area. The design proposed has adequately identified those areas. Certain
wetlands will need to be disturbed in order to create an adequate driveway aisle on Lot 41.
The applicant must obtain an Army Corps of Engineers approval prior to issuance of a
building permit.
Issues presented in the subsoil and geologic hazards report must be addressed in the final
design application. Grading on the furthest north building on Lot 41 must be revised to avoid
drainage flowing toward the foundation.
In addition, the water pressure and anticipated flows will be required at building permit.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Barrancas PUD, Lots 38, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision Page 3 of 5
September 18, 2001 Planning & Zoning Commission meeting
6. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The linear shape of the lot and the severe steep slope that exists on the site largely dictate the
location of the buildings on each lot. The project will require retaining walls both above the
proposed buildings and below the parking areas. There will also be retaining walls used to
redirect possible debris flows from above the development. All retaining walls over 4'0" in
height must be designed by an engineer.
7. A circulation system designed for both vehicles and pedestrians addressing on and
off site traffic circulation that is compatible with the Town Transportation Plan.
Vehicle circulation in this application meets Towns standards with regard to driveways,
turnarounds and parking spaces. There is inadequate turnaround for fire vehicles which may
necessitate that the project have fire sprinklers.
Pedestrian circulation can occur along the access drive, however, because of the isolated
nature of the site and the lack of sidewalks, it will be difficult for pedestrians to circulate off
site. The new pe estnan an i e path-be-mg constructe ong ottm am oa wi
provide a definitive means of access to Town. Pedestrian flow along Metcalf is virtually
non-existent and incompatible at this time with traffic.
The proposal does not address mass transit transportation as a means to efficiently circulate
residents to other areas within the Town. A bus stop should be incorporated into the
development for future connection to the mass transit system.
8. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and function.
The landscaping proposed should serve as functional and aesthetic for the project; however,
the exact placement and design can be further refined at final design. Without further soils
information, it is difficult to discern whether or not irrigation can be accomplished at this site
in order to fully establish the proposed plantings. Lot 38 will remain undeveloped and be
dedicated as open space.
9. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the PUD. The phasing plan shall
clearly demonstrate that each phase can be workable, functional and efficient without
relying upon completion of future project phases.
The project is proposed in one phase. No phasing plan accompanies the application.
10. Adequacy of public services such as sewer, water, schools, transportation systems,
roads, parks and police and fire protection.
There are adequate public services. The water pressure and anticipated flow must be verified
at building permit.
11. That the existing streets and roads are suitable and adequate to carry anticipated
traffic within the proposed PUD and in the vicinity of the proposed PUD.
Metcalf Road and other streets and roads in the vicinity are adequate to carry the anticipated
traffic for the Barrancas project.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Barrancas PUD, Lots 38, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision
September 18, 2001 Planning & Zoning Commission meeting
12. Development Standards
Setbacks:
Front: 50 feet from Metcalf Road (Lots 40 and 41)
Rear: 50 feet (Lots 40 and 41)
Side: 20 feet (Lots 40 and 41)
Height: The maximum building height will be limited to 48 feet.
Page 4 of 5
Density: 5.35 units per acre, 27 dwelling units (Lot 40) / 5.68 units per acre, 18 dwelling
units (Lot 41) / 0 per acre (Lot 38)
Site Coverage: 14% (Lot 40) / 18% (Lot 41)
Landscaping: 87% (Lot 40) / 84% (Lot 41) / Both including undisturbed open space.
Parking: 41 spaces (Lot 40) / 62 spaces (Lot 41).
Snow shedding and storage: The application proposes that all snow storage shall be
accommodated in the Metcalf Drainage Ditch.
Staff Comments
The natural constraints of these lots make them difficult to develop and affordable housing is an
appropriate use. Approval of this PUD should be for the proposed Barrancas development only.
Any amendments must comply with Section 17.20.110 of the Avon Municipal Code.
The additional 10 dwelling units on these three lots does not appear to be a significant issue
considering the amount of site disturbance and infrastructure already necessary to support the
residential development on these lots. Staff recommends approval of the PUD application.
Staff Recommendation
Staff recommends approval of Resolution 01-15, of the Barrancas PUD for Lots 38, 40, and 41
Block 1, Benchmark at Beaver Creek Subdivision subject to the following conditions:
Concurrent with the Final Design application, the following items must be provided:
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 4'0" in height.
3. Revise grading on the drainage at the furthest north building on Lot 41.
4. Permanent and temporary erosion control.
5. Label each unit.
Prior to Issuance of a Building Permit, the following items must be provided:
1. Execution of Deed Restriction Agreement with the Town of Avon.
2. Approval from the Army Corps of Engineers.
3. Verification of water pressure and anticipated flow.
4. Resolution on fire access and sprinkler requirement.
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
Barrancas PUD, Lots 38, 40 and 41, Block 1, Benchmark at Beaver Creek Subdivision
September 18, 2001 Planning & Zoning Commission meeting Page 5 of 5
Recommended Motion
I move to approve Resolution 01-15 recommending to the Town Council approval of the
Barrancas PUD for Lots 38, 40, and 41 Block 1 Benchmark at Beaver Creek Subdivision with
the following conditions:
Concurrent with the Final Design application, the following items must be provided:
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 4'0" in height.
3. Revise grading at the furthest north building on Lot 41.
4. Permanent and temporary erosion control.
5. Label each unit.
Prior to Issuance of a Building Permit, the following items must be provided:
1. Execution of Deed Restriction Agreement with the Town of Avon.
---2. Approval from the ArmyCorps of Engineers. _--
3. Verification of water pressure and anticipated flow.
4. Resolution on fire access and sprinkler requirement.
If you have any questions regarding this project or anything in this report, please call me at
748.4413 or stop by the Community Development Department.
Respectfullgsub4e
Eric Johnso
n
Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749
E
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-15
SERIES OF 2001
A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF
THE TOWN OF AVON APPROVAL OF BARRANCAS PUD FOR LOTS
38, 40, AND 41, BLOCK 1, BENCHMARK AT BEAVER CREEK
SUBDIVISION,- TOWN OF AVON EAGLE_CO_UNTY _COLORADO
WHEREAS, The Tanavon Corporation has applied for a PUD to develop Lots 38, 40, and
41, Block 1, Benchmark at Beaver Creek into 45 affordable housing units named
Barrancas.
is WHEREAS, after notices required by law, a public hearing on said application was held by
the Planning & Zoning Commission of the Town of Avon.
WHEREAS, said application is consistent with all legal requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends to the Town Council of the Town of Avon approval of the application
for the Barrancas PUD to develop affordable housing on Lots 38, 40, and 41 Block 1,
Benchmark at Beaver Creek with the following conditions:
Concurrent with the Final Design Application, the following items must be provided:
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 4'0" in height.
3. Revise grading on the furthest north building on Lot 41.
4. Permanent and temporary erosion control.
5. Label each unit.
0 And
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TOWN OF AVON
RESOLUTION 01-26
SERIES OF 2001
A RESOLUTION APPROVING
PRELIMINARY SUBDIVISION PLAN FOR A
RESUBDIVISION OF MCGRADY ACRES,
LOTS 1,2,3,4, and 5, EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek LLC, as representative of the owner of lots 1,2,3,4, and
5, McGrady Acres Subdivision has filed a subdivision application for Preliminary Plan
approval for a Resubdivision of McGrady Acres, Lots 1,2,3,4, and 5, Eagle County,
Colorado in accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, Traer Creek LLC has filed an application for variance from the
Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length
greater than 1,000 feet and serving more than 20 residential units at the end of
Eaglebend Drive; and
WHEREAS, The Town has provided public notice in accordance with Section
16.20.070 to all owners within three hundred feet of McGrady Acres subdivision, Lot
1,2,3,4,and 5 and posted notices of the time and date at which Town Council considered
the preliminary subdivision application; and
WHEREAS, on September 11, 2001 and September 25, 2001, Council held a
public hearing at which it received evidence and testimony concerning the Preliminary
Plan, at the conclusion of which the Town Council considered such evidence and
testimony.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000
feet and serving more than 20 residential units,
Lots 1,2,3,4, and 5 is in the best interest of the public health, safety and welfare ands
other applicable development laws, regulations and policies of the Town of Avon and
hereby approves the same subject to the following conditions:
1• General Requirements - Must be Completed Prior to Final Plat Approval:
The Eagle River Fire Protection District must approve emergency access
and fire hydrant spacing.
2. Plans for all water and sewer facilities must be approved by Eagle River
Water and Sanitation District.
3. Drainage: Plans for Storm Water Management and Pollution Control
Facilities within the Town must be approved by the Town of Avon.
4. Utilities: Approval of construction plans for all utility services including but
not limited to water, sewer, electric, natural gas, phone and cable must be
provided by the appropriate entities to the Town of Avon.
5. A Subdivision Improvements Agreement must be approved by the Town
and the corresponding security must be provided to assure compliance
with the Subdivision Improvements Agreement.
6. The Final Plat will provide a Plat Note stating that before a building permit
may be issued for Lot 3, a fence or wall will be constructed between Lot 1
and Lot 3 to provide a visual and physical separation between Lot 3 and
the Eaglebend Subdivision.
7. Completion of all technical corrections as identified prior to Final Plat
Approval.
ADOPTED THIS DAY OF SEPTEMBER, 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
2
TOWN OF AVON
RESOLUTION 01-26
SERIES OF 2001
A RESOLUTION APPROVING
PRELIMINARY SUBDIVISION PLAN FOR A
RESUBDIVISION OF MCGRADY ACRES,
LOTS 1,2,3,4, and 5, EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek LLC, as representative of the owner of lots 1,2,3,4, and
5, McGrady Acres Subdivision has filed a subdivision application for Preliminary Plan
approval for a Resubdivision of McGrady Acres, Lots 1,2,3,4, and 5, Eagle County,
Colorado in accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, Traer Creek LLC has filed an application for variance from the
Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length
greater than 1,000 feet and serving more than 20 residential units at the end of
Eaglebend Drive; and
WHEREAS, The Town has provided public notice in accordance with Section
16.20.070 to all owners within three hundred feet of McGrady Acres subdivision, Lot
1,2,3,4,and 5 and posted notices of the time and date at which Town Council considered
the preliminary subdivision application; and
WHEREAS, on September 11, 2001 and September 25, 2001, Council held a
public hearing at which it received evidence and testimony concerning the Preliminary
Plan, at the conclusion of which the Town Council considered such evidence and
testimony.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000
feet and serving more than 20 residential units,
Lots 1,2,3,4, and 5 is in the best interest of the public health, safety and welfare ands
other applicable development laws, regulations and policies of the Town of Avon and
hereby approves the same subject to the following conditions:
I• General Requirements - Must be Completed Prior to Final Plat Approval:
1. The Eagle River Fire Protection District must approve emergency access
and fire hydrant spacing.
2. Plans for all water and sewer facilities must be approved by Eagle River
Water and Sanitation District.
3. Drainage: Plans for Storm Water Management and Pollution Control
Facilities within the Town must be approved by the Town of Avon.
4. Utilities: Approval of construction plans for all utility services including but
not limited to water, sewer, electric, natural gas, phone and cable must be
provided by the appropriate entities to the Town of Avon.
5. A Subdivision Improvements Agreement must be approved by the Town
and the corresponding security must be provided to assure compliance
with the Subdivision Improvements Agreement.
6. The Final Plat will provide a Plat Note stating that before a building permit
may be issued for Lot 3, a fence or wall will be constructed between Lot 1
and Lot 3 to provide a visual and physical separation between Lot 3 and
the Eaglebend Subdivision.
7. Completion of all technical corrections as identified prior to Final Plat
Approval.
ADOPTED THIS DAY OF SEPTEMBER, 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
2
• Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Managerl?_
From: Norm Wood, Town Engineero/
Ruth Borne, Director of Community Development
Date: September 20, 2001
Re: Resolution No. 01-26, Series 2001, A Resolution Approving the
Preliminary Plan, a Resubdivision of McGrady Acres, Lots 1,2,3,4,
and 5, Eagle County, Colorado
(PUBLIC HEARING)
Summary: Traer Creek LLC has submitted a subdivision application
for Preliminary Plan approval for a Resubdivision of McGrady Acres, Lots 1,2,3,4,
and 5, Eagle County, Colorado. The revised submittal includes a request for a
variance for a cul-de-sac, having a length greater than 1,000 feet and serving more
than 20 residential units, at the easterly end of Eaglebend Drive.
On September 4, 2001, the Planning and Zoning Commission reviewed the
Preliminary Subdivision Plan and recommended approval in the attached
Planning & Zoning Commission Resolution 01-09.
On September 11, 2001, Council held a public hearing on this preliminary plan
application. This Public hearing was continued to the September 25, 2001
regular council meeting to receive public comment regarding anticipated
Preliminary Plan revisions. Based upon public comment at the September 11
Public Hearing, Council recommended the applicant revise the Preliminary Plan
to include a cul-de-sac at the easterly end of Eaglebend Drive.
Copies of the Preliminary Plan were transmitted to the Colorado Department of
Transportation, Eagle County Engineer's Office, Eagle River Fire Protection
District and Eagle River Water and Sanitation District for review and comment.
This Resolution includes conditions of approval to address the comments and
recommendations received in response to their review.
LTngineering\Avon Village\Annexation\Res 01-26 Mcgrady Prelim Plan Memo-I.Doc
Staff has incorporated recommended conditions for approval in response to the
comments received at the public hearing held on September 11, 2001 in Resolution
01-26, which include the addition of a fence between the park referred to as Lot 1
and Lot 3.
Action related to this Preliminary Plan Application
Discussion:
Discus
should take into consideration actions regarding the accompanying zoning
application as addressed in Ordinance No. 01-08. If the proposed zoning is
approved as provided in Ordinance No. 01-08 the Preliminary Plan should be
approved as presented subject to the conditions outlined in attached Resolution
01-26. If the proposed zoning as provided in Ordinance No. 01-08 is not
approved, the Public Hearing for the Preliminary Plan should be continued to
allow the Applicant to modify the Preliminary Plan to conform to a revised zoning
application.
mmendations: If Ordinance No. 01-08 is approved on First
Reco
Reading, close Public Hearing and approve Resolution 01-26, a Resolution
Approving Preliminary Subdivision Plano' o a esubdivision of McGrady Acres,
Lots 1, 2, 3, 4, and 5, Eagle County,
If Ordinance No. 01-08 is not approved on
Alternatives:
First Reading, continue Public Hearing to the next regular council meeting on
October 9, 2001 and table action on Resolution 01-26, a Resolution Approving
Preliminary Subdivision Plan for a Resubdivision of McGrady Acres, Lots 1, 2, 3,
4, and 5, Eagle County, Colorado.
Proposed Motion:
Town Man_a?er Comments:
CG ? C ?v
C7
2
1AEngineering\Avon Village\Annexation\Res 01-26 Mcgrady Prelim Plan Memo-I Doc
® TOWN OF AVON
RESOLUTION 01-26
SERIES OF 2001
A RESOLUTION APPROVING
PRELIMINARY SUBDIVISION PLAN FOR A
RESUBDIVISION OF MCGRADY ACRES,
LOTS 1,2,3,4, and 5, EAGLE COUNTY, COLORADO
WHEREAS, Traer Creek LLC, the owner of lots 1,2,3,4, and 5, McGrady Acres
Subdivision has filed a subdivision application for Preliminary Plan approval, a
Resubdivision of McGrady Acres, Lots 1,2,3,4, and 5, Eagle County, Colorado in
accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, Traer Creek LLC has filed an application for variance from the
Subdivision Regulation of the Town to allow construction of a cul-de-sac with a length
greater than 1,000 feet at the end of Eaglebend Drive; and
WHEREAS, The Town has provided public notice in accordance with Section
16.20.070 to all owners within three hundred feet of McGrady Acres subdivision, Lot
1,2,3,4,and 5 and posted notices of the time and date at which Town Council considered
the preliminary subdivision application; and
WHEREAS, on September 11, 2001 and September 25, 2001, Council held a
public hearing at which it received evidence and testimony concerning the Preliminary
Plan, at the conclusion of which the Town Council considered such evidence and
testimony.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Preliminary Plan including a variance for a cul-de-sac having a length greater than 1,000
feet and serving more than 20 residential units, for a Resubdivision of McGrady Acres,
Lots 1,2,3,4, and 5 is in the best interest of the public health, safety and welfare and
other applicable development laws, regulations and policies of the Town of Avon and
hereby approves the same subject to the following conditions:
General Requirements - Must be Completed Prior to Final Plat Approval:
The Eagle River Fire Protection District must approve emergency access
and fire hydrant spacing.
2. Plans for all water and sewer facilities must be approved by Eagle River
Water and Sanitation District.
3. Drainage: Plans for Storm Water Management and Pollution Control
Facilities within the Town must be approved by the Town of Avon.
4. Utilities: Approval of construction plans for all utility services including but
not limited to water, sewer, electric, natural gas, phone and cable must be
provided by the appropriate entities to the Town of Avon.
5. A Subdivision Improvements Agreement must be approved by the Town
and the corresponding security must be provided to assure compliance
with the Subdivision Improvements Agreement.
6. A fence or wall will be constructed between Lot 1 and Lot 3 to provide a
visual and physical separation between Lot 3 and the Eaglebend
Subdivision.
7. Completion of all technical corrections as identified prior to Final Plat
Approval.
ADOPTED THIS DAY OF SEPTEMBER, 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
C
2
0
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 01-09
A RESOLUTION RECOMMENDING APPROVAL FOR THE
PRELIMINARY SUBDIVISON PLAN FOR LOTS 1, 2, 3, 4, AND 5
OF MCGRADY ACRES PUD, TOWN OF AVON, EAGLE
COUNTY, COLORADO
W HEREAS, Traer Creek LLC has submitted a Preliminary Subdivision Plan application
for the Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres PUD; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon having considered the applications
and reviewed the plans for the Preliminary Subdivision Plan application for the Resubdivision of Lots
1, 2, 3, 4, and 5 of McGrady Acres PUD; and
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
Of the Town of Avon, Colorado, hereby recommends approval for:
1. The preliminary subdivision plan for the Resubdivision of Lots 1, 2, 3, 4, and 5
of McGrady Acres PUD.
ADOPTED THIS 4th DAY OF SEPTEMBER 2001
Sig
Date: r
Chris Evans, Chair
Attest:
Date: Y^O/
0 Paul Klein, Secretary
0 MEMORANDUM
TO: Hon. Mayor and Town Council
FROM: Burt Levin
RE: McGrady Acres Annexation Public Hearing and Resolution
DATE: September 20, 2001
Per Colorado statutes, a public hearing must be held on the petition for annexation of
McGrady Acres before the petition may be granted. The public hearing is set for
September 25`h.
Any person may appear at the hearing and present evidence upon any matter to be
determined by the Council.
The matters to be determined by the Council are whether the land proposed to be annexed
is sufficiently contiguous with the Town and whether a community of interest exists
between the area proposed to be annexed and the Town. Staff's review of the petition
shows that the property involved is indeed eligible for annexation.
At the beginning of the public hearing I will make a brief introductory statement, and
then the Council may hear from the petitioner(s) and any member of the public.
18 Once the hearing is concluded the Council shall set forth its findings and conclusions. A
resolution has been prepared and is on the agenda setting forth findings that the
annexation petition complies with law and that the subject land is eligible for annexation.
U
RESOLUTION NO.01-27
SERIES OF 2001
A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS
REGARDING THE PUBLIC HEARING HELD ON THE ANNEXATION PETITION
FILED BY EMD LIMITED LIABILITY COMPANY AND TRAER CREEK LLC
CONCERNING A PORTION OF THE LAND KNOWN AS MCGRADY ACRES.
WHEREAS on August 9, 2001, Petitioners EMD Limited Liability Company and
Traer Creek LLC filed with the Town Clerk a Petition for Annexation (Exhibit A hereto)
concerning a portion of the land known as McGrady Acres and as particularly described in
such petition, which petition was referred to the Town Council; and
WHEREAS by Resolution No. 01-18 the Town Council scheduled a public hearing
on said petition in accordance with C.R.S. § 31-12-107, and
WHEREAS following public notice the Town Council held a hearing on said petition
on September 25, 2001;
E
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
-art erection 1. The Town Council hereby-finds--that the'-petition complies with the
provisions of C.R.S. § 31-12-107.
Section 2. The Town Council hereby finds that the petition meets the requirements of
C.R.S. §§ 31-12-104 and 31-12-105.
Section 3. The Town Council hereby finds that an election on the petition is not
required under C.R.S. § 31-12-107(2)
Section 4. The Town Council hereby finds that no additional terms and conditions
are to be imposed in connection with the petition.
Section 5. The Town Council concludes that the area proposed in the petition to be
annexed into the Town of Avon is eligible for annexation.
ADOPTED this 25th day of September, 2001.
TOWN OF AVON, COLORADO
Judy Yoder, Mayor 0
0 ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
•
C
2
PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 0
The undersigned (collectively, "Petitioners', in accordance with the Municipal
Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as
.amended and as in effect on the submission date set forth below ("Annexation Act'), hereby
petition ("Petitio ") the Town Council of the Town of Avon, Colorado C council'), to annex to
the Town of Avon ("Tom") the unincorporated territory located in the County of Eagle, State of
Colorado, which property is more particularly described in Exhibit attached hereto and
incorporated herein by reference ("Property 1. In support of this Petition, Petitioners allege that:
1. It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections -104 and -105 of the Annexation Act exist or have
been met.
3. Not less than one-sixth (I/6) of the perimeter of the Property is contiguous with
the Town's current municipal boundaries:
4. A community of interest exists between the Property and the Town.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. The Petitioners comprise more than fifty percent (50°/a) of the landowners in the
Property owning more than fifty percent (50%) of the Property, excluding public streets, and
alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to
the establishment of the boundaries of the Property as shown on the annexation plat submitted
herewith.
g. The Property is not presently a part of any incorporated city, city and county, or
town; no proceedings have been commenced for incorporation or annexation of part or all of the
Property to any other municipality; no election for annexation of the Property or substantially the
same territory to the Town has been held within the twelve (12) months immediately preceding
the filing of this Petition.
9. The proposed annexation will not result in detachment of area from any school
district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the Property held
in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit,
the proposed annexation will not extend the municipal boundary of the Town more than three (3)
miles in any direction from any point of the current municipal boundary.
H. The proposed annexation will not result in the denial of reasonable access to any
landowner, owner of an easement, or owner of a franchise adjoining a platted. street or alley
which has been annexed by the Town but is not bounded on both sides by the Town.
12. In establishing the boundaries of the Property, no land which is held in identical
ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous
tracts or parcels of real estate:
(a) is being divided into separate parts or parcels without the written consent
of the landowner or landowners thereof unless such tracts or parcels are separated by a
dedicated street, road, or other public way; or
(b) comprising twenty (20) acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in excess of $200,000.00
for ad valorem tax purposes for the year next preceding the proposed annexation, is
included in the Property without the written consent of the landowner or landowners.
WWI MLAYM
13. If a portion of a platted street or alley is to be annexed, the entire width thereof is
included within the Property.
14. The legal description of the land owned by the Petitioners is set forth underneath
the name of each such Petitioner on Exhibit B, attached hereto and incorporated herein by this
reference.
15. The affidavit of the circulator of this Petition certifying that each signature on this
Petition is the signature of the person whose name it purports to be and certifying the accuracy of
the date of such signature is attached hereto as Exhibit C and is incorporated herein by this
reference.
16. This Petition is accompanied by four prints of an annexation map containing,
among other things, the following information:
(a) A written legal description of the boundaries of the Property;
(b) A map showing the boundary of the Property;
(c) Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries
and the plat numbers of plots or of lots and blocks; and
(d) Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
17. In connection with the processing of this Petition, the Petitioners request that the
Town:
(a) Institute zoning and subdivision approval processes for the Property in
accordance with applicable provisions of the Municipal Code of the Town of Avon and in
accordance with Section -115 of the Annexation Act; and
(b) Approve and execute an annexation and development agreement
("Annexation and Development Agreement") which establishes vested property rights for
the Property for an agreed upon term of greater than three years, pursuant to Chapter
17.14 of the Municipal Code of the Town of Avon and Article 68, Title 24, Colorado
Revised Statutes, and which otherwise establishes the development plan for the Property.
18. Petitioners have filed this Petition subject to the following conditions:
(a) Concurrently with its approval of annexation of the Property, the Town
Council: (i) approves for those portions of the Property which are not public
right-of-way zoning and subdivision which is substantially consistent with the
applications for zoning and subdivision which Petitioners Traer Creek LLC and EMD
Limited Liability Company submit in connection with this Petition; and (ii) approves and
authorizes execution of the Annexation and Development Agreement.
(b) Petitioner Traer Creek LLC shall have the right, with or without the
consent or agreement of any other landowner within the Property, to withdraw this
Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the
latest effective date of the final ordinances or resolutions approving annexation of the
Property, the Annexation and Development Agreement, or zoning or subdivision of the
Property; provided, however, that such withdrawal right may be exercised only if a third
party commences a formal challenge to any of the approvals within such period.
(c) Prior to expiration of the period described in the foregoing
subparagraph (b) without Petitioner Traer Creek LLC having withdrawn the Petition,
neither Petitioners nor the City shall cause or permit the occurrence of the conditions to
effectiveness of the annexation as set forth in Section -I 13(2)(b) of the Annexation Act.
19. Upon the annexation of the Property becoming effective, and subject to the
conditions set forth in this Petition and to be set forth in the Annexation and Development
Agreement, the Property shall become subject to all ordinances, resolutions, rules and
sJUM MAYEn
regulations of the Town, except as otherwise set forth in the Annexation and Development
Agreement, and except for general property taxes of the Town which shall become effective on
January 1 of the next succeeding year following adoption of the annexation ordinance.
20. Except for the terms and conditions of this Petition and of the Annexation and
Development Agreement, which terms and conditions Petitioners expressly approve and
therefore do not constitute an imposition of additional terms and conditions within the meaning
of Section -107(1)(g) of the Annexation Act, Petitioners request that no additional terms and
conditions be imposed upon annexation of the Property to the Town
THEREFORE, Petitioners request that the Town Council of the Town of Avon,
Colorado, complete and approve the annexation of the Property pursuant to the provisions of the
Municipal Annexation Act of 1965, as amended.
Respectfully submitted this 2A day of AutyST , 2001.
Signatures of Landowners/Petitioners:
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By:LAVA CORPORATION, a Colorado
corporation, its Manager
B
N mapVu Lindholm
Title: P ident
Date of Signature: E4.ZQ
Mailing Address
P.O. Box 640
Vail, CO 81658
Attn: William J. Post, Esq.
Resident of the Property? NO
TRAER CREEK LLC, a Colorado limited
liability company
By:
Nam : Magnus dholm
Title: Manager
Date of Signature:Mo /
Mailing Address:
P.O. Box 640
Vail, CO 81658
Attn: William J. Post, Esq.
Resident of the Property? NO
5
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5136051 MLAYn 3
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of the Property
Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S.
Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81
West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of
McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the
office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public
right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office
of said Clerk and Recorder, all being described as a whole as follows:
Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line
of the Denver and Rio Grande Western Railroad, whence the northwest corner of said McGrady
Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common
line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a
radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04
feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a
radius of 1880.00 feet, a central angle of 16°42'10", and a chord that bears S73°51'55"E 546.11
feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly
right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of-
way line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the
following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 feet
along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of
00°25'44", and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line
and continuing the following nine courses along the easterly, southerly and southeasterly right-
of-way lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the
right, having a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears
S57°49'17"W 183.75 feet; (2) N72013'00"W 277.44 feet; (3) N82°13'00"W 1056.24 feet; (4)
167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of
36°09'00", and a chord that bears S79°42'30"W 164.44 feet; (5) S61°38'00"W 113.82 feet; (6)
159.29 feet along the arc of a curve to the right, having a radius of 557.63 feet, a central angle of
16°22'00", and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8)
149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of
17°07' 12", and a chord that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the
southwesterly line of said McGrady Acres and the northeasterly line of said Sun River
Condominiums; thence, along said common line, S47°59'03"E 0.24 feet; thence, departing said
common line, S60°53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right-
of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the
northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line,
264.30 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of
08°16'30", and a chord that bears S70°43'32"E 264.07 feet; thence, departing said common line,
S15°08'13"W 130.00 feet to the southwesterly right-of-way line of said U.S. Highway 6 and 24;
thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet
along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of
11°41'47", and a chord that bears N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet;
thence, departing said southwesterly right-of-way line, N26°50'00"E 123.00 feet to the
southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of
U.S. Highway 6 and 24; thence, along said common line, the following three courses: (1)
S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to
the left, having a radius of 1830.00 feet, a central angle of 01°05'25", and a chord that bears
S63°42'43"E 34.82 feet; thence, departing said common line, N60°53'00E 102.46 feet, along
the westerly line of the 60 foot wide public right-of-way as shown on said (Corrected) Final Plat
- Condominium Map SUN RIVER CONDOMINIUMS, to the northeasterly line of said Sun
River Condominiums and the southwesterly line of said McGrady Acres; thence, along said
common line the following two courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W
102.73 feet to the most westerly comer of said McGrady Acres and the existing Town of Avon
boundary; thence, departing said common line, N45°53'00"E 125.14 feet along the
51205.2 W.AYU A-1
northwesterly line of McGrady Acres and the existing Town of Avon Boundary; thence, t
departing the existing Town of Avon boundary, S40°32'42"E 318.00 feet along the
southwesterly line of Lot 6, said McGrady Acres to the southeasterly line of said Lot 6 and the
northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common
line, the following four courses: (1) N60°52'49"E 18.00 feet; (2) 170.31 feet along the arc of a
curve to the right, having a radius of 570.00 feet, a central angle of 17°07' 12", and a chord that
bears N69°26'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4) 19.13 feet along the arc of a
curve to the left, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that
bears N76°52'36"E 19.13 feet to the most easterly corner of said Lot 6; thence, departing said
common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6, to the
northwesterly line of said McGrady Acres and the existing Town of Avon boundary; thence,
departing said northeasterly line, N45°53'00"E 240.92 feet along said northwesterly line of
McGrady Acres and the existing Town of Avon boundary to the northwest corner of said
McGrady Acres; thence, departing said northwesterly line of McGrady Acres and said existing
Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning, containing 11.49
acres, more or less.
l
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31HOS.2 1A.AM A-2
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Each Petitioner
Name of Landowner/Petitioner: EMD LIMITED LIABILITY COMPANY, a Colorado
limited liability company
Lot 2, McGrady Acres, according to the final plat thereof recorded in Book 558 at
Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder.
Name of Landowner/Petitioner: TRAER CREEK LLC, a Colorado limited liability
company
Lots 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in
Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and
Recorder.
7?j
S1260s.2 &"YU
B-1
EXHIB
TO PEA N FOR ANNEXArION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition fordthat the sin of lands
es of the
Town of Avon, consisting of Z_ pages including this page, g tares of the
Peitioners thereon were witnesseb to by the
and circulator that then dates of such e signatures are original
correct.
persons whose names they purport Circulator
STATE OF C? )
) ss.
COUNTY OF E_ PcH? _ )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and swom to before me
2001, by Wow,' --
this Is-r day of $iw&-r
Witness my hand and official seal.
My commission expires: 12 • g• 7-1
4-
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S12M,i MLAYEPL
® MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 11, 2001
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Judy Yoder at 5:30 PM. A roll call was taken
with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac
McDevitt and Mayor Protem Buz Reynolds present. Also present were Town Manager
Bill Efting, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human
Resource Director Jacquie Halburnt, Police Chief Jeff Layman, Town Engineer Norm
Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed, Director of
Community Development Ruth Borne, Police Detective Mike Leake, Building
Maintenance Supervisor Mark Sifers, Engineer Anne Martens, as well as members of the
press and public.
Citizen Input:
Mayor Yoder, on behalf of the Avon Town Council and Staff, sent extreme condolences
to everyone involved in the terrorism acts today. Mayor Yoder called for a moment of
silence.
Recreation Center Remodel Update:
Building Maintenance Supervisor Mark Sifers updated the Council on the remodel of the
Recreation Center. Mr. Sifers stated that work is slated for the entire month of October.
He stated that the cabin will be open in October, which will serve as the central office for
information.
Citizen Input:
Human Resources Director Jacquie Halburnt stated that Highway 6, from roundabout 5
and 1.7 miles east, is scheduled for paving and overlay the week of September 17 - 21.
Delays are expected.
Citizen Input:
Ms. Kate Doyle and Ms. Linda Bartlett, residents on W. Beaver Creek Blvd., approached
the Council. They would like the Council to look into putting a sound barrier between
W. Beaver Creek Blvd. and Interstate 70. Town Manager Efting stated that Staff will
0
speak with CDOT and come back to Council with any recommendations in the next 30
days. 0
Public Hearing:
Joint Hearing: i) Zoning Application - McCrady Acres; ii) Preliminary Plan Application
- McGrady Acres
Director of Comm. Dev. Borne stated that Traer Creek has submitted a preliminary plan
application for Lots 1 through 5 of McGrady Acres to be subdivided into three lots. Lot 1
will be Government/Park/and Employee Housing (immediately adjacent to the existing
Eaglebend homes), Lots 2 and 3 for Neighborhood Commercial zoning. Eaglebend Road
is shown to run all the way through connecting to the new Nottingham Ranch Road.
Nottingham Road is connecting to Highway 6 and eventually to the new I-70 interchange.
Eaglebend property owners submitted a petition in July to the Town requesting a cul-de-
sac at the end of Eaglebend Drive so the proposed annexation will not impact them. Ms.
Borne added that a zoning application is also on the agenda for this evening. That
application is for the Neighborhood Commercial zoning and the Government/Park/and
Employee Housing.
Mr. William Post, representing Traer Creek, LLC, stated that they were before Planning
& Zoning Commission (P&Z) last week. He stated that after much discussion with P&Z
they finally said that if Traer Creek wants Neighborhood Commercial zoning, they
should put in a cul-de-sac. They did agree that a cul-de-sac was not good planning. Mr.
Post stated that if Council decides that they would prefer a cul-de-sac, they are willing to
pay for and install it. Mr. Post explained their proposal. Mr. Post stated that they feel the
best planning for Lot 3 should be Neighborhood Commercial.
Councilor Peter Buckley asked Mr. Post if he had objection to changing the Lot 3
Neighborhood Commercial to all residential. Mr. Post felt that would be bad planning to
make that area high end residential and placing more residents on a busy street, which the
people on Eaglebend themselves don't want to be next to.
Councilor McDevitt questioned
Lot 6ii Lot in the Count residential.
they o not own that lot is
residential. He added that
Mayor Protein Reynolds agreed with
uStaff hat as a affic flowing east l detsac but a through flowing roadsbecauseoofhe
Town, he feels there should not b
fire, police, busses, snow plows. He did state that he does understand why the residents
want the cul-de-sac.
Mr. Post agreed but does not want to fight with his neighbors so he will not oppose it.
Ms. Amy Phillips, resident of bia Eagleend Drive, is in favor of the cul-de-sac ut
Ms. Phillips appreciates allbheis not in
favor of the Neighborhood Commer zoning. Regular Council Meeting
September 11, 2001
developer is doing to work with the residents and would like to know if a lot 2 could be
created in between Lots 1 and 3 that might provide a larger buffer between the Eaglebend
neighborhood and McCrady Acres development.
Ms. Carol Krueger, resident of Eaglebend Drive, stated that she would like to see the cul-
de-sac as well as residential zoning. She suggests putting the development property on
the Eaglebend cul-de-sac. She feels that lengthening the street would enhance the street.
Mr. Post stated that every time he has offered to do something it is never enough. He
stated that it is bad zoning on Lot 3 to make it residential. It will cause some residents to
have a busy street in their back yards. He understands that they don't want their lives to
change, but there is change. He thinks the residents are being unreasonable.
Ms. Krueger stated that she is not asking for high density, she just wants it to remain as it
is now.
Mr. Chris Evans, chairman of the P&Z Commission, stated that last Tuesday they heard
from members of the Eaglebend community as well as the applicant and Staff. Mr.
Evans stated that he is representing the other six members of the P&Z. The decision was
split 5-2 to recommend denial of the zoning to Neighborhood Commercial. Mr. Evans
stated that if a brand new residential neighborhood were being created in this area, the
zoning that Traer Creek is proposing is appropriate on a through street. However, with
the existing residential neighborhood, a through street will produce an increase in traffic.
Common sense does say that with or without commercial zoning on Lots 2, 3, and so on,
with a through street there will be an increase in traffic. Thus, resulting in an impact to
that neighborhood. He stated there are ways to mitigate that impact and preserve the
character of what exist now. He stated it is not a use by right on this lot. The applicant is
coming in now asking for rezoning to something completely different than what is there
now. By granting a rezoning to Neighborhood Commercial there is not even a use by
right or by special review to put a single family home or duplex resident on this property
any longer. Mr. Evans stated that the P&Z tried very hard not to pass the buck and take a
stand to make a motion. Because the issue of the cul-de-sac came up and it was not
officially before us to review, we felt it was appropriate to give some sort of guidance as
to what the P&Z felt was the best use of this property. He stated that they agree a
through street is preferable to a cul-de-sac in this location. However, there are competing
interests here. In his opinion, the interest of the preexisting neighborhood take
precedence over the right of a developer who buys the land and asks for additional impact
on that property, which will result in traffic increase and impact to the residents of the
Eaglebend neighborhood. Given that, if a cul-de-sac were approved, P&Z feels that the
Neighborhood Commercial zoning for Lot 2 is appropriate. If a cul-de-sac is approved,
the rezoning of Lot 3 to Neighborhood Commercial is appropriate. The mitigation of
impacts from neighboring commercial property to the Eaglebend neighborhood across the
buffer of Lot 1 can be dealt with at design review board. P&Z voted in a 5-2 majority
that if a through street is insisted upon, that Neighborhood Commercial zoning is
inappropriate for Lots 1 and 3. It should remain residential or the Town could buy Lot 3
and deed it as open space. The property on a four lane commercial road is appropriate.
Regular Council Meeting
September 11, 2001
The question is how do we mitigate the impacts to the Eaglebend neighborhood. The
P&Z opinion is that the impacts should be highly weighed and should be mitigated in
some fashion.
Mayor Protein Reynolds asked if it is possible that with the approval they could mandate
a fence be installed across the cul-de-sac and Lot 1. Mr. Evans stated that they should
look at the proposed layout of the cul-de-sac and the impacts a proposed fence would
have to the park and neighboring commercial. Mr. Reynolds felt that would be the
simplest solution. Then one side could be zoned commercial the other side would be
residential. Mr. Evans stated that if the park would go in with the cul-de-sac as presently
proposed, that would be supported by P&Z.
Mr. Bobby Bank, resident of Eaglebend Drive, stated they are only trying to preserve the
character of their neighborhood. They are not against development. They don't want
development that is going to change the old stuff just because they are bringing in new
stuff. He stated they are asking for two specific things and they have not changed what
they are asking for, which are keep the zoning as is and a cul-de-sac. On the zoning, they
are asking McGrady Acres remain zoned residential. They believe the cul-de-sac would
stop the foreseeable increase in traffic due to the development of the airport site. He
stated that they want residential zoning and they want to preserve their street.
Mr. Buzz Didier, resident of Eaglebend Drive, feels that McGrady Acres should remain
residential. He stated that the commercial zoning is broad and they don't know what
exactly will go in there. 0
Mr. Craig Ferraro, resident of Eaglebend, stated that he would like the residents to re-
gather and come up with what they think is best. He stated that they have not met with
Mr. Post to try to come up with something that everyone can live with as most of this has
been done in the public forum. He stated that he would like a cul-de-sac and that it
would be a way to mitigate the traffic on their road. He wants to keep the feel of their
residential neighborhood. Commercial on both ends of residential will make it feel more
commercial zoned.
Ms. Kathleen Walsh, resident of Eaglebend, stated that she knew she was moving in to a
residential area and knew that one day it would be developed behind the railroad, but not
within their area. She felt that by keeping Eaglebend Drive open it would make it the
main drive east to west. She is not opposed to a cul-de-sac because she has not seen a
better option. There has been no better way to protect the residential area. She stated
while she appreciates all that Mr. Post has done to work with them to install the cul-de-
sac, most of Lot 1 is already Avon land so he is not giving us that land. She also has a
problem with the plan because it will take out the park and open space. She feels there is
a better way to plan it. Ms. Walsh did not feel that the services will be affected by a cul-
de-sac. She stated that she did like the cul-de-sac, but did not like the configuration. She
does not feel it is the best for them.
r
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Regular Council Meeting
September 11, 2001
Mr. Walter Dandy, resident of Eaglebend Drive, stated that no matter what comes of this
40 the residents of Eaglebend Drive are the ones who will take the big hit in terms of
valuation of their houses and impacts on their lifestyle. He felt that the cul-de-sac is
needed.
Mr. Post stated that they have offered to give everything that the neighbors have asked;
the cul-de-sac, the park is slightly bigger, no through traffic, better planning for what
should be put next to the new road. He stated that they will agree not to put any
buildings on the land any taller than the Eaglebend people are allowed. He stated most
residents will not see where they are anyway, he will volunteer not to put a commercial
building any taller than their homes are. When they do got to P&Z they will have set
backs, landscape requirements. If people want fences, they will address that issue also.
If they want to be segregated, Mr. Post will be happy to segregate them.
Mr. Bruce Drumm, resident of Eaglebend Drive, stated that he would like to see a cul-de-
sac. He felt that there is a large amount of open commercial spaces available already and
wants to protect the residential area.
There being no further comments from the public, Mayor Yoder closed the public hearing
on the zoning application. She stated that the Preliminary Plan Application will be
continued. Mayor Yoder asked for Council discussion.
Councilor McDevitt recommended that Traer Creek representatives continue to meet with
Eaglebend residents. He strongly urged Lot 6 owners be involved.
Councilor Debbie Buckley stated that she is generally in favor of the cul-de-sac. She
would like to see commercial that is more palatable to the residents. She stated that if the
residents were going to wait for the Town to build the cul-de-sac, it could be a while.
Councilor Brown stated that he is in favor of the cul-de-sac. He felt that there is still
negotiations that need to go on between the residents and Mr. Post.
Councilor Curly stated that he is in favor of whatever makes the people happy. He does
not live in that area, nor drive there. He does appreciate what the residents are asking for.
If they want a cul-de-sac and residential, he has to be shown how it will work with the
amount of land there. He felt that the cul-de-sac was top priority to the residents. He
stated that Lot 6 would determine whether it could be made residential or commercial.
He did not know how they could make the area residential without Lot 6.
Mayor Protein Reynolds agreed with the P&Z staff, but felt that it should be the way the
residents want it; it should be a cul-de-sac. He agreed with the P&Z that if it is going to
be neighborhood commercial, it should be a cul-de-sac and he would like to see a fence.
Councilor Peter Buckley stated that he would like the discussions between Mr. Post and
the residents of Eaglebend to continue and keep the process moving forward.
E
Regular Council Meeting
September 11, 2001
Mayor Yoder stated that she would like to see continued discussions between Mr. Post
and the residents. She added that Ordinance No. 01-08, Series of 2001 is next on the
agenda and that Council has the option of passing the ordinance as written with the public
hearing in two weeks, or they can table it and have staff bring it back before Council.
She stated that there appears to be a consensus of the Council for a cul-de-sac. Staff can
bring back the ordinance to address that issue. If that is the way Council is going to go, it
gives Mr. Post and the residents time to meet in the next two weeks to further discuss the
zoning of Lot 3 and what is going on with Lot 6 and Lot 1. She added that Mr. Post
could show the Eaglebend residents what they are thinking of for the commercial that
would not be objectionable to the residents.
Mr. Post stated that Lot 6, at their last discussions, is not interested in annexing into the
Town if he is residential. He stated that he does disagree with the residents as far as
making the area residential. He added that he does need the Council to make a decision
and give Mr. Post some direction. He stated that he will agree to a fence and height
restrictions and that is as far as he can go now. He stated that waiting two weeks is not
going to accomplish anything. He added that he is not going to be able to do anything
with Lot 6.
Mayor Yoder asked if after this is zoned, will it come back through the P&Z to be a PUD.
She stated if that is the case, the issues of height and what he wants to see on the lot can
be addressed at that time. Mr. Post stated that he is willing to put the fence and the height
restrictions in the annexation agreement when it is brought in.
Town Engineer Wood stated that when the ordinance comes up they will clarify what
neighborhood commercial means, it does include building heights, setbacks, exact layout
uses, etc. It is much different then the PUDs normally seen.
Councilor Peter Buckley asked Mr. Post if he votes for Lot 3 to be residential, would that
kill the cul-de-sac as far as Mr. Post paying for it. Mr. Post stated that the Council has to
decide if it is a through street or a cul-de-sac. He has offered either, but the Council
needs to tell him which.
Council agreed that it is a cul-de-sac and now they need to decide whether Lot 3 is
residential or neighborhood commercial.
Director of Comm. Dev. Borne explained Neighborhood Commercial. She stated that the
height limitation is 35 feet, which is the same as the residential restrictions on Eaglebend
Drive, front setback is 25 feet, side setback is 7.5 feet, rear setback is 10 feet. The
permitted uses is retail stores, professional offices, car wash, restaurant, church,
accessory apartments exclusive of the ground level. That is the zoning they are asking
for on Lots 2 and 3.
There was discussion regarding Lot 6, but the Mayor confirmed that they can not add Lot
6 in a timely enough matter.
Regular Council Meeting
September 11, 2001
Mr. Post asked that the Council follow what the Staff and P&Z recommended. Let them
put in the cul-de-sac, let them put in the buffer, and let them have the commercial zoning,
which is appropriate.
The residents did state in their petition that they want a cul-de-sac and residential zoning.
Town Manager Efting stated that the Council does not need to vote on this tonight. He
stated that Mr. Post has been asked to come back with a good cul-de-sac plan. He stated
that a decision is not going to be made tonight.
Mayor Yoder stated that they would move on to the ordinance.
Ordinances:
First Reading of Ordinance No. 01-08, Series of 2001, An Ordinance Approving Zoning
for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado
Ms. Borne introduced the ordinance and stated that Mr. Evans, chairman of the P&Z,
previously outlined what occurred with P&Z and what their recommendations were. She
stated that the staff report contains the zoning criteria. Staff recommends approval of the
zoning application submitted by Traer Creek, LLC for the Neighborhood Commercial on
Lots 2 and 3 and Government/Park/Employee Housing on Lot 1. Mayor Yoder
confirmed that the ordinance does not include the cul-de-sac.
Councilor Curly motioned to table Ordinance No. 01-08, Series of 2001, until Council
receives additional information. Councilor Brown seconded the motion.
Councilor Debbie Buckley added that she would like the new ordinance to be amended to
include the addition of the cul-de-sac.
Mayor Protem Reynolds added that he would like a fence also included if it is going to be
commercial.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 01-09, Series of 2001, An Ordinance Approving an
Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24,
Mountain Star Subdivision, Town of Avon, Eagle County, Colorado
Regular Council Meeting
September 11, 2001
Director of Comm. Dev. Borne stated that Mr. Rogel is the owner of Lot 27 and has
purchased Lot 24. He is proposing to vacate his property line so that he will lose his
development rights on Lot 24 and make a larger Lot 27. He has gone through the
approval by the Mountain Star Homeowners Association. Staff recommends approval.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-09, Series of 2001,
on first reading. Councilor Cuny seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
New Business:
Preliminary Plan, McGrady Acres
Mayor Yoder stated that this item has been tabled.
Other Business:
Mayor Protein Reynolds questioned the status of the post office. He would like Staff to
check on that. He stated that promises were made by the post office and nothing has been
done. He added that there are still long lines and the mail is late. Mr. Efting stated that
he will check on that.
Councilor Peter Buckley stated that the temporary acting Postmaster is Donna Flatery and
she has been here for almost a year. A person they offered the job had declined. He
stated that they are in the process of getting a new postmaster.
Mr. Reynolds stated that he would just like to see the service better because that is what
was promised.
Consent Agenda
a.) Approval of the August 28, 2001 Council Meeting Minutes
b.) Resolution No. 01-23, Series of 2001, A Resolution Amending Town
of Avon Resolution No. 01-09
c.) Intergovernmental Agreement with Eagle County for 800 MHz Radio
Services
d.) Agreement with Pitney Bowes for Postage Meter
e.) Nottingham Road Bike Path - Change Order No. 2
Mayor Yoder stat ed that item d will be removed from the Consent Agenda.
E
Regular Council Meeting
September 11, 2001
Councilor Debbie Buckley motioned approval of the Consent Agenda without item d.
Councilor Brown seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Mayor Protem Reynolds
motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion
carried unanimously and the meeting adjourned at 7:08 PM.
RE§PEC ULLY SUBMITTED:
l
Kristen Nash, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Curly
Mac McDevitt
Buz Reynolds
Judy Yoder
C
Regular Council Meeting 9
September 11, 2001
11
FINANCIAL MATTERS
September 25, 2001
1. Detail - Building Activity Report
2. Detail-Real Estate Transfer Taxes
3. Detail-Sales Tax Update
4. Detail-Accomodations Tax Update
r1
11
Town of Avon 970-748-4030
P.O.Box 975
Avon, Co. 81620
748-4094 For Inspection Request
Printed:9/10/01
Permit Tally Page1 of 2
For: August, 2001
Permit Purpose: New Mobile Home
00
$
.
Construction Value:
Public:
# of Units:
Permit Charges:
$.00
# of Bldgs:
Construction Value: $.00
Private: 1
# of Units: Permit Charges: $127.50
# of Bldgs:
Permit Purpose: New SF Residential
00
$
.
Construction Value:
Public:
# of Units:
Permit Charges:
$.00
# of Bldgs:
Construction Value: $1,800,000.00
Private: 1
# of Units:1 Permit Charges: $1 5,851.06
# of Bldgs: 1
Permit Purpose: Repair/Remodel MF Residential
Construction Value: $.00
Public:
# of Units:
Permit Charges:
$.00
# of Bldgs:
Construction Value: $.00
Private: 5
# of Units:
Permit Charges:
$.00
# of Bldgs:
Permit Purpose: Repair/Remodel SF Residential
Construction Value: $.00
Public:
# of Units:
Permit Charges:
$.00
# of Bldgs:
Construction Value: $1,500.00
Private: 1
# of Units : Permit Charges: $89.10
# of Bldgs:
Permit Purpose: Tenant Finish
n
Permit Tally
For: August, 2001
Permit Purpose: Tenant Finish
Public:
# of Bldgs: # of Units:
Private: 1
# of Bldgs: # of Units:
Printed:9/10/01
Page2 of 2
Construction Value: $.00
Permit Charges:
Construction Value: $6,300.00
Permit Charges:
$.00
$229.76
Totals:
Public:
# of Bldgs:
Private: 9
# of Bldgs:1
C.
Construction Value: $.00
# of Units: Permit Charges: $.00
Construction Value: $1,807,800.00
# of Units: 1 Permit Charges: $16,297.42
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2001
Purchaser Amount of RETT
Name Property Received
$673,667.29
Hayes Lot 52B Blk 4 WR z "1u,bbu.UU
Stearns Chrisite Lodge Timeshares $2,300.00
Goyen Surnidge #201 G $2,746.00
Mcmillan/Powers Balas Townhouse Condo #E $2,000.00
Orsatti Lot 9B Blk 3 WR $8,250.00
Raub/Raub 2170 Saddleride Loop #C $5,400.00
Kramer Falcon Pointe Timeshares $100.00
Holiday Resales Falcon Pointe Timeshares $340.00
Dean Lot 2 Deer Ridge II Duplex $2,740.00
Levine/Levine Jr Greenbrier #3 $3,615.00
Horton Falcon Pointe Timeshares $100.00
Marcin Lot 48 Bik 1 WR $2,940.00
Vincent Beacon Hill #13 $1,700.00
Price/Romkey Christie Lodge Timeshares $60.00
Somers Beacon Hill #10 $5,070.00
Petrone Lot 36 Blk 1 Wr $3,250.00
Smirl Lot 12 and Garage C Eaglebend $7,150.00
Schmid Lot 6 Blk 4 WR $440.00
Ginn III Season At Avon #422 $4,800.00
Niederhauser Sunridge #F302 $2,900.00
Sunday Lots 114 and 115 Blk 1 $11,000.00
The Title Company Christie Lodge Timeshares $896.00
The Title Company Christie Lodge Timeshares $419.50
L'
r-1
LJ
11
1
t
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2001
Purchaser
Name
The Title Company
Bradley
Kleinman
Nutkins Jr
Mcintosh
Rito
C
f?J
Amount of RETT
Property Received
Chrisite Lodge Timeshaes $1,501.00
Sunridge #A302 $100.00
Brookside #302 $5,816.00
Sonne Hlade Condo #3A $300.00
Buck Creek Condo #202 $5,089.60
Lot 3 Blk 3 WR $6,000.00
Total through August
$771,250.39
2
I
TOWN OF AVON
SALES TAX BY MONTH
1997 96'-97'% 1998
Change
97'-98'% 1999 98'-99'% 2000 99'-00'% 2001 00'-01% Total 5-Yr
Change Change Change Change % Increase
January 377,597.32 13.67% 379,424.41 0.48% 384,939.69
February 362,516.58 10.86% 378,112.00 4.30% 397,323.16
March 468,675.51 14.88% 460,191.56 -1.81% 474,933.06
April 265,356.48 4.91% 310,197.72 16.90% 302,864.19
May 241,012.56 8.53% 249,079.90 3.35% 265,405.35
June 313,116.79 5.03% 337,562.03 7.81% 395,755.68
July 353,101.99 5.37% 370,086.73 4.81% 395,954.38
August 338,134.48 4.22% 363,110.96 7.39% 366,648.94
September 319,410.91 5.58% 333,508.38 4.41% 364,432.54
October 263,685.99 -0.89% 305,035.11 15.68% 295,541.62
November 339,200.41 18.94% 335,073.59 -1.22% 320,335.28
December 533,904.08 4.86% 550,077.22 3.03% 564,813.35
YTD Total 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24
1.45% 359,721.88 -6.55% 408,217.16 13.48% 8.
5.08% 397,291.59 -0.01% 401,384.50 1.03% 10.72%
3.20% 457,053.94 -3.76% 503,411.30 10.14% 7.41%
-2.36% 337,087.43 11.30% 344,079.71 2.07% 29.67%
6.55% 286,191.36 7.83% 317,33111 10.88% 31.67%
17.24% 398,869.89 0.79% 393,695.61 -1.30% 25.73%
6.99% 415,978.51 5.06% 434,867.02 4.54% 23.16%
0.97% 400,447.52 9.22% - -100.00% -100.00%
9.27% 375,400.90 3.01% - -100.00% -100.00%
-3.11% 320,796.00 8.55% - -100.00% -100.00%
-4.40% 329,170.99 2.76% - -100.00% -100.00%
2.68% 607,777.58 7.61% - -100.00% -100.00%
3.60% 4,685,787.59 3.46% 2,802,986.41 5.69% 17.70%
YTD Through July Collections 1997-2001
2,900,000.00
2,800,000.00 -
2,700,000.00 -
2,600,000.00 $ y +?
2,500,000.00 : 9?;u
,? ;
y
2,400,000.00 : l
? r
2,300,000.00
r
F4
4
2,200,000.00
2,100,000.00
1997 1998 1999 2000 2001
Year
TOWN OF AVON
ACCOMMODATIONS TAX BY MONTH
anuary
February
March
April
May
June
July
August
September
October
November
December
YTD Total 1997
39,958.27
45,305.47
63,054.38
11,850.40
8,759.53
13,982.39
21,298.64
22,365.12
11,173.41
8,819.05
12,112.05
40,000.05
298,678.76 96'-97%
Chan9a
5.75%
6.89%
12.83%
-0.34%
30.67%
10.68%
6.76%
9168%
-14.66%
-18.59%
-5.56%
18.97%
7.44% 1998
39,357.21
42,769.24
51,035.34
13,556.94
5,762.93
12,609.03
20,845.64
22,875.39
11,262.18
8,315.76
10,813.22
32,602.89
271,805.77 97'-98%
Change
-1.50%
-5.60%
-19.06%
14.40%
-34.21%
-9.82%
-2.13%
2.28%
0.79%
-5.71%
-10.72%
-18.49%
-9.00% 1999
41,102.99
36,985.03
42,018.24
11,609.15
6,117.50
14,958.28
21,120.57
16,452.89
10,300.61
7,258.18
7,889.97
25,606.29
241,419.70 981-99%
Change
4.44%
-13.52%
-17.67%
-14.37%
6.15%
18.63%
1.32%
-28.08%
-8.54%
-12.72%
-27.03%
-21.46%
11.18% 2000
24,753.92
32,158.10
42,385.82
10,166.11
5,71227
15,610.67
21,769.19
17,09113
12,810.60
9,139.51
10,233.40
32,309.50
234,142.22
99' Change ange
-39.78%
-13.05%
0.87%
-12.43%
$.62%
4.36%
3.07%
3.89%
24.37%
25.92%
29.70%
26.18%
3.01%
2001
35,913.75
42,137.63
55,435.56
12,152.00
6,749.18
15,630.07
22,567.70
-
190,585.89
00'-01'%
Change
45.08%
31.03%
30.79%
19.53%
18.15%
0.12%
3.67%
-100.00%
-100.00%
-100.00%
-100.00%
-100.00%
24.93%
Totals-Yr
% Increase
-10.12%
-6.99%
2.08
12.55%
-22.95%
11.78%
5,96%
-100.00%
-100.00%
-100,00%
-100.00%
-100.00%
6.67%
YTD Through July Collections 1997-2001
250,000.OC
200,000.00
150,000.00
100,000.00
50,000.00
°.. zuuu 2001
Year
Monthly Collections for July 1997-2001
23,000.0(
22,500.OC
22,000.00
21,500.00
21,000.00
20,500.00
20,000.00
19,500.00
I- zuuU 2001
r
L
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager-;0-<--
From: Norman Wood, Town Engineer ?•?
Anne Martens, Assistant Town Engineer
Date: September 20, 2001
Re: Resolution No. 01 - 24, Approving the Third Amendment, Mountain Star, A
Resubdivision of Lot 24 and 27, Mountain Star, Town of Avon, Eagle County,
Colorado (56 Rose Crown)
Summary: Richard H. Rogel, owner of Lot 24 and 27, Mountain Star, has submitted a
Final Plat to resubdivide Lot 24 and 27, Mountain Star, Town of Avon, Eagle County,
Colorado. This is two single family lots being combined to create one single family lot. The
® Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 01 - 24, Series
of 2001, A Resolution Approving the Third Amendment, Mountain Star, A Resubdivision of
Lot 24 and 27, Mountain Star, Town of Avon, Eagle County, Colorado, subject to:
1. Approval of Ordinance No. 01-09, Series 2001, An Ordinance Approving an Amendment of
the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24, Mountain Star
Subdivision, Town of Avon, Eagle County, Colorado.
2. The completion of technical corrections to be approved by staff.
Town Manager Comments:
11
TOWN OF AVON
RESOLUTION NO.01- 24
Series of 2001
A RESOLUTION APPROVING THE THIRD AMENDMENT, MOUNTAIN STAR, A
RESUBDIVISION OF LOT 24 AND 27, MOUNTAIN STAR, TOWN OF AVON, EAGLE
COUNTY, COLORADO.
WHEREAS, Richard H. Rogel has submitted a Final Plat for the third amendment to Mountain
Star, a Resubdivision of Lot 24 and 27, Mountain Star, Town of Avon, Eagle County, Colorado;
and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the third amendment of the Final Plat, for A Resubdivision of Lot 24 and 27,
Mountain Star, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of
Avon subject to:
1. Approval of Ordinance No. 01-09, Series 2001, An Ordinance Approving an
Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27
and 24, Mountain Star Subdivison, Town of Avon, Eagle County, Colorado.
2. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
, 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
11
1:\Engineering\,Subdivision\Other\L.2427Mtsres0124. doc
Town of Avon
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager ?-
From: Scott Wright, Finance Directo(2-•---
Date: September 20, 2001
Re: Certification of Delinquent Wildridge Special Assessments
summary:
This certifies delinquent assessment payments for Local Improvement District 1990-1 for collection by
Eagle County
Discussion:
This lists properties in Wildridge that have not made payment toward the annual assessment. Per
Ordinance No. 90-14, the properties are in default and the whole of the unpaid principal and accrued
interest is due and collectable. This Resolution certifies these properties and amounts to the Eagle
County Treasurer to proceed with collection.
Page 1
RESOLUTION NO. 01-25
SERIES OF 2001
A RESOLUTION
IMPROVEMENT (WILDRIDGE SPECIAL IMPROVEMENT DISTRICT) FOR
T DISTRICT O. 1990-1 ?
COLLECTION BY EAGLE COUNTY TREASURER
WHEREAS, the Town Council of the Town of Avon, Colorado has created Local Improvement
District No. 1990-1 (Wildridge Special Improvement District) for the purpose of making certain local
improvements; and
WHEREAS, Ordinance No. 90-14 assessed the cost of said improvements to and upon lots or
tracts of land within the District; and
WHEREAS, failure to pay when due any installment of principal and interest shall cause the
whole of the unpaid principal and accrued interest to become due and collectable immediately; and
WHEREAS, assessments of principal and interest due and payable March 1,
2001, have not been paid for certain properties in the District.
NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado
that the following properties are hereby declared to be in for default for failure to pay assessments due March
collection.
1, 2001, and are hereby certified to the County Treasurer
ASSESSMENT UNIT I
TOTAL DUE
C7
Rlnck 1 Lot 11 Schedule #0014712 Wildridge $1590.81
TOTAL DUE
ASSESSMENT UNIT III
Block4 Lot1S Schedule #0041273 Wildridge $1002.64
Drawspur Townhome #2 Schedule #0041830 Wildridge $697.17
Blk 3 Lot20N Schedule #0048405 Wildridge $576.18
TOTAL AMOUNT DUE $3866.80
ADOPTED this 25th day of September, 2001
ATTEST:
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
Kris Nash, Town Clerk 0
------------------
SPECIAL ASSESSMENT CERTIFICATION
NAME OF DISTRICT - LOCAL IMPROVEMENT DISTRICT NO. 1990-1
DATE OF CERTIFICATION, OCTOBER 1, 2001
THIS IS THE ELEVENTH OF FIFTEEN INSTALLMENTS
SCHEDULE NAME AND LEGAL ORIGINAL BALANCE
NUMBER ADDRESS DESCRIPTION ASSESSMENT DUE
#014712 LOUIS & PATRICIA MEDEIROS BIk1 Lot 1 3946.33 1590.81
PO BOX 62
AVON, CO 891620
#041273 DANIEL GRAVES Blk 4 Lot 1S 1591.87 1002.64
PO BOX 2071
VAIL, CO 81658
#041830 MARK AND SARA CZAPINSKI Drawspur #2 1591.87 697.17
PO BOX 4903
VAIL, CO 81658
#048405 BRIAN VEDDER Blk 3 Lot 20N 1591.87 576.18
PO BOX 5501
VAIL, CO 81658
11
C
•
Memorandum
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager J
From: Bob Reed, Director of Public Works
Date: 09/20/01
Re: Mt. Star road repairs
Summary: Last year, we experienced several problems with the bridge
approaches on Mt. Star Drive. These areas have experienced similar problems
before and some attempts were made to remedy the situation, but they proved to be
futile. In an attempt to come up with a permanent solution, we asked John Mechling
of CTL Thompson to investigate the problems and propose a viable solution.
I then called several local contractors I thought might be interested in submitting
quotes and received only two responses. The quote from the Reynolds Corp. is
substantially lower than the one received from B&B Excavating. Either company is
more than capable to do the work.
Recommendations: Staff discussions conclude that we would like to make the
modifications on one of the bridges this year, and postpone the other. We will be
able to study and evaluate the repairs and make adjustments, if necessary, to the
other one.
I then asked B&B and The Reynolds Corp. to resubmit an estimate that reflects that
change. B&B called to say they would do it for half the original bid ($142,470). The
Reynolds Corp. submitted an estimate of $28,970
I suggest the agreement with the Reynolds Corp. be approved with conditions, as
added in the agreement.
1
otr-u4-4uui (ut uo'ct rr?
B&B
xCA
MATING
E
p.o. Box 1982
.o I+ PO• Box 1729 Sllverthorne. CO 80498
iO? EdW„ds, Co P 1632 AGREEMENT (970),168-5209
yam; (970) 926-3311 FXX: 168--)024
FAx: ,)26.2344
DATE:
TO: Town Of Avon Mpg NAME:
P.O. Box 975 LOCATION:
Avon, G0.81620 PHONE:
ATTN: Gary or Bob FAX:
390-2743
September 4, 2001
Mountain Star Bridges
Mountain'Star, Avon
748-4100
748-1950
For your consideration, we offer the following quotation, which if accepted, shalt
constitute a contract between us:
Mountain Star bridge improvements, (four areas).
WORK TO INCLUDE:
1. Remove and replace approach slabs and install new inverter "T° sleeper slabs or
two bridges.
Bid Description
Bid Qty
Units
Remove Approach Slabs 4 EA
SY
Remove Asphalt 500
21 Lir
Remove Curb and Gutter I EA
Remove Inlet 780 CY
Excavation
Structure Backfill (class 6) 780 CY
LI=
Bridge Expansion Device(0-4") 130
1
30
CY
Concrete (class D) (Bridge) 91.5 SY
'l'ined Bridge Deck (Saw Cut) 0 ?0 LB
Reinforcing Steel (Epoxy Coatcd) 14,000 EA
Inlet (Special) 21 LP
C & r Type it (Section 2-13) 4 EA
Traffic Barricades (Type 3 M-13
1
1 I'S
Mobilization 50
4 S1,
(toad Base Prep ,
186 TNS
Install Asphalt
TOTAL BUI)GET ESTIMATE:
471D
1'?
OM , rl
NOTES: b ' 1 I
- This proposal is based upon removing and rcplacitio the cxistinn 3 i Broach slabs, sleeper
slabs, and adjacent pavement. All work shall be done in accordance with Colorado
Department of 1'ransportation specifications.
This proposal is based upon a full road closure. B & 13 Excavating, inc. will provide; four
"Road Closed" Signs. Any additional detour signage is not included in this proposal.
4P PROPOSAL
THE REYNOLDS CORPORATION
P.O. Box 738
4725 Wildridge Road West
Avon. Colorado 81620
Phone # 970-904-4226
September 18, 2001
Town of Avon
Department of public works
P. 0. Box 975
Avon, Colorado 81620
Attn: Bob Reed
Reference:
Geotechnical Consultation
Mountnin Star Drive Aridges
Avon, Colorado
Job No. GS-3289
The Work
Excavate and re-grade bridges 4 approaches per engineers drawing and specification.
The price below incorporates all the work as described by the engineers listed above.l'he
Reynolds Corporation will be responsible for equipment, labor and materials needed to complete
the work listed above. All insurances required by the Town of Avon will also be included as part
of the price listed below. All excess materials will be hauled off as part of this price. If any
unforeseen changes or possible modification of the work is encounter a change order will be
signed before the work commences.
Excavation and labor ------------------------------------------------------------------------------ $10,208.00
Concrete (Material and labor) --------------------------------------------------- -..--------------- -$3.5 38.50
Caravel and trucking --------------------------------------------------------------------------------- $2,572.50
Asphalt (Materials and labor) _---,.......-..,.---__-,._-...__---_-... .................--.........-----_-$9,8$9.12
Contractor Fee (10%)------------------------------------------------------------------------------- $2,574.44
* The expansion joint as specified is not in this price but will be included at our cost
plus 10% contractors fee.
Total Proposed Price -- -.... --------- -r--?.?.? $28, ??X0.35
C:
m
At the signing of this agreement $5,000.00 will be paid before the work commences.
Draws will be base upon the completion of the work ever 14 calendar days until
completed The balance will be dire within 14 calendar days after this work is completed.
We «hil notify you at that time. If it is not paid at that time it will have a 1 rw?nra?*jpc ?±
that time and will accrued at each 30 calendar days.
Sincerely,
le e of s., orporatign
Albert D. Reynolds
Accepted
'T'own of Avon
Owners Representative Date
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