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HomeMy WebLinkAbout1990-07-03 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JULY 3, 1990 7:30 p.m. AGENDA 1. CITIZEN PARTICIPATION 2. Consent Agenda A. Approval of Minutes of the June 5 and 19, 1990 Meetings 6. Ordinance No. 18, Series of 1990, second reading, an ordinance amending Section 18.12 of the Vail Municipal Code to provide for bed and breakfast operations under certain provisions and circumstances and setting forth details in regard thereto. C. Tabling to July 17 Evening Meeting of Ordinance No. 21, Series of 1990, second reading, an ordinance designating an underlying zone district of high density multi-family to Special Development District No. 7, commonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto. D. Tabling to Jul.v 17 Evening Meeting of Ordinance No. 22, Series of 1990, first reading, an ordinance amending Special Development District No. 7, commonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. E. Tabling to Jul.v 17 Evening Meeting of an appeal of a Planning and Environmental Commission decision regarding the PEC's denial of a request for a height variance for an addition to Condominium Unit E-6, Lot P, Block 5D, Vail Village 1st Filing (141 East Meadow Drive - Crossroads Condominiums) F. Resolution No. 16, Series of 1990, a resolution authorizing the acquisition by the Town of Vail, Colorado (the "Town") of certain real property located in the Town from Robert W. Glake and Fern F. Glake ("Seller") for a purchase price of $109,000; such real property to be devoted to public purposes; authorizing the issuance by the Town of its promissory note in the amount of $87,200 payable in three annual installments, and secured by a deed of trust upon the subject real property; and prescribing other details in connection with such acquisition and purchase. G. Resolution No. 17, Series of 1990, a resolution authorizing the acquisition by the Town of Vail, Colorado (the "Town") of certain real property located in the Town from Dixon Keyser and Lucille Keyser ("Seller") for a purchase price of $109,000; such real property to be devoted to public purposes; authorizing the issuance by the Town of its promissory note in the amount of $87,200 payable in three annual installments, and secured by a deed of trust upon the subject real property; and prescribing other details in connection with such acquisition and purchase. 3. Ordinance No. 20, Series of 1990, first reading, an ordinance amending Ordinance No. 10, Series of 1990, Special Development District No. 4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots to provide for gross residential floor area to be calculated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control; and setting forth details in regard thereto. 4. Ordinance No. 23, Series of 1990, first reading, an ordinance amending Section 18.26.040 of the Municipal Code of the Town of Vail to include as a conditional use "Television Stations" in the Commercial Core II zone district and setting forth the details in regard thereto. 5. Ordinance No. 25, Series of 1990, first reading, an ordinance amending Special Development District No. 23, the Vail National Bank Building, and setting forth the details in regard thereto. 6. Ordinance No. 26, Series of 1990, an emergency ordinance for the purpose of allowing parking as a temporary permitted use in an area south of the Vista Bahn terminal from Vail Road to Chair 12, and setting forth details in regard thereto. 7. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JULY 3, 1990 7:30 p.m. EXPANDED AGENDA 7:30 1. CITIZEN PARTICIPATION 7:35 2. Consent Agenda A. Approval of Minutes of the June 5 and 19, 1990 Meetings Kristan Pritz B. Ordinance No. 18, Series of 1990, second reading, an ordinance amending Section 18.12 of the Vail Municipal Code to provide for bed and breakfast operations under certain provisions and circumstances and setting forth details in regard thereto. (Applicant: Town of Uail) Action Requested of Council: Approve/deny Ordinance No. 18, Series of 1990, on second reading. Background Rationale: In December of 1989, the Council passed Ordinance No. 31 to allow bed and breakfast operations in the Town. The two family residential (R) zone district was inadvertently omitted. This amendment is to correct that omission. The PEC voted 5-0 to recommend the amendment. Staff Recommendation: Approve Ordinance No. 18, Series of 1990, on second reading. The omission of the two family residential zone district from Ordinance No. 31 was unintentional, and persons in this zone district should be permitted to apply for a bed and breakfast conditional use permit to operate such businesses. Kristan Pritz C. Tabling to Julv 17 Evening Meeting of Ordinance No. 21, Series of 1990, second reading, an ordinance designating an underlying zone district of high density multi-family to Special Development District No. 7, commonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto. Kristan Pritz D. Tabling to Jul.v 17 Evening Meeting of Ordinance No. 22, Series of 1990, first reading, an ordinance amending Special Development District No. 7, commonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. Background Rationale: Jay Peterson has written a letter to Council requesting Ordinances No. 21 and 22 be tabled until the July 17 Evening Meeting so he can further prepare for a presentation. Mike Mollica E. Tabling to Julv 17 Evening Meeting of an appeal of a Planning and Environmental Commission decision regarding the PEC's denial of a request for a height variance for an addition to Condominium Unit E-6, Lot P, Block 5D, Vail Village 1st Filing (141 East Meadow Drive - Crossroads Condominiums) (Applicant: Sid Schultz for H. William Smith) Background Rationale: Sid Schultz has written a letter to Council requesting this appeal be tabled until the July 17 Evening Meeting. Larry Eskwith F. Resolution No. 16, Series of 1990, a resolution authorizing the acquisition by the Town of the Vail das Schone property owned by Robert W. Glake and Fern F. Glake for a purchase price of $109,000; such real property to be devoted to public purposes; authorizing the issuance by the Town of its promissory note in the amount of $87,200 payable in three annual installments, and secured by a deed of trust upon the subject real property Action Requested of Council,: Approve/deny I~esolution No. 16, Series of 1990. Background Rationale: This resolution provides formal approval of the purchase contract, the promissory note, and deed of trust for the purchase of 2 lots in the Vail das Schone subdivision. Staff Recommendation: Approve Resolution No. 16, Series of 1990. Larry Eskwith G. Resolution No. 17, Series of 1990, a resolution authorizing the acquisition by the Town of the Vail das Schone property owned by Dixon Keyser and Lucille Keyser for a purchase price of $109,000; such real property to be devoted to public purposes; authorizing the issuance by the Town of its promissory note in the amount of $87,200 payable in three annual installments, and secured by a deed of trust upon the subject real property Action Requested of Council: Approve/deny Resolution No. 17, Series of 1990. Background Rationale: This resolution provides formal approval of the purchase contract, the promissory note, and deed of trust for the purchase of 2 lots in the Vail das Schone subdivision. Staff Recommendation: Approve Resolution No. 17, Series of 1990. 7:50 3. Ordinance No. 20, Series of 1990, first reading, an Kristen Pritz ordinance amending Ordinance No. 10, Series of 1990, Special Shelly Mello Development District No. 4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots to provide for gross residential floor area to be calculated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control; and setting forth details in regard thereto. (Applicant: 75°k of Glen Lyon subdivision property owners) Action Requested of Council: Approve/deny Ordinance No. 20, Series of 1990, on first reading. Background Rationale: The applicant is requesting a major amendment to SDD No. 4, Cascade Village. The amendment concerns the Glen Lyon subdivision duplex lots' method of calculating allowable GRFA. On June 11, 1990, the PEC recommended approval of the request 4 to 1. Diana Donovan voted against the amendment as she did not believe it was appropriate to allow the additional GRFA on the duplex lots. Staff Recommendation: Approve Ordinance No. 20, Series of 1990, on first reading. 8:20 4. Ordinance No. 23, Series of 1990, first reading, an Mike Mollica ordinance amending Section 18.26.040 of the Municipal Code to include as a conditional use "Television Stations" in the Commercial Core II zone district (Applicant: Vail/Beaver Creek Television Network) -2- I Action Requested of Council: Approve/deny Ordinance No. 23, Series of 1990, on first reading. Background Rationale: The PEC, at their June 25, 1990 public hearing, recommended denial (by a vote of 4-2) of the request. Staff Recommendation: Staff recommends denial. Please see enclosed staff memorandum. 8:50 5. Ordinance No. 25, Series of 1990, first reading, an Mike Mollica ordinance amending SDD No. 23, Vail National Bank, Part of Lot D, Block 2, Vail Village 2nd Filing, 108 South Frontage Road West (Applicant: Vail National Bank Building Corp.) Action Requested of Council: Approve/deny Ordinance No. 25, Series of 1990, on first reading. Background Rationale: The PEC reviewed this request at their June 25, 1990 public hearing and has unanimously recommended approval (the vote was 6-0). Staff Recommendation: Approve Ordinance No. 25, Series of 1990, on first reading. 9:10 6. Ordinance No. 26, Series of 1990, an emergency ordinance Ron Phillips for the purpose of allowing parking as a temporary permitted use in an area south of the Vista Bahn terminal from Vail Road to Chair 12, and setting forth details in regard thereto. Action Requested of Council: Approve/deny Ordinance No. 26, Series of 1990, on emergency reading. Background Rationale: This emergency ordinance will allow parking as a temporary use from Chair 1 east to Chair 12. VA and the Holy Cross Ranger District have given preliminary approval and the details are being worked out. The ordinance wording will be shared with the Council and PEC during the joint work session Tuesday. Staff Recommendation: Approve Ordinance No. 26, Series of 1990, on emergency reading. 9:30 7. Adjournment -3- MINUTES VAIL TOWN COUNCIL MEETING JUNE 5, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 5, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Jim Gibson Robert Levine Peggy Osterfoss MEMBERS ABSENT: Merv Lapin TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item on the agenda was approval of minutes of the May 1 and 15, 1990, meetings. Peggy Osterfoss moved to approve the minutes as presented, with a second coming from Jim Gibson. A vote was taken and the vote passed unanimously 6-0. There was no Citizen Participation. Item number three was Resolution No. 13, Series of 1990, thanking and acknowledging Herb and Nicole Wertheim for their charitable contribution for the Vail Cultural Arts Center. After a short discussion by Council, Tom Steinberg made a motion to approve the resolution, which was seconded by Peggy Osterfoss. A vote was taken and the motion passed unanimously 6-0. Resolution No. 14, Series of 1990, a resolution setting forth the intention of the Town Council to make certain land available for the development and construction of a Vail Cultural Arts Center, was next. Ron Phillips stated that also at the meeting last week, the possibility of Council to make its intent to provide land for the arts center was discussed, and the resolution reflects this intent and lists four general conditions. After a short discussion regarding a wording change in condition C, Rob Levine made a motion to approve the resolution. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 6-0. Fifth on the agenda was action on contracts for Vail das Schone land sale. Ron Phillips commented the contracts were written up from discussions with Byron Brown and Larry, and the terms were the same as discussed with Council previously. He then reviewed some of the terms. He stated the lots are in Vail das Schone, Lots 1-4, Block H, Filing 2, and gave a local description of the land. Mayor Rose noted the eventual use was not determined yet, but there was the possibility of using it for recreation or open space, or for employee housing. Ron stated at this time, the land would be bought with real estate transfer tax funds, but if the land was used for employee housing, the capital fund would repay the real estate transfer tax fund for that portion of the land. There was some discussion by Byron Brown regarding the proposed payment schedule. There was then some discussion by Larry Eskwith regarding deeds of trust, the promissory note, and partial releases. Peggy Osterfoss then made a motion to approve both contracts and proceed with the purchase of all four lots, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. An appointment to the Local Liquor Licensing Authority Board was next. Pam Brandmeyer asked Council to appoint one member to the Board; the three applicants were Mike Mathias, John Milligan, and Tim Savage. She remarked that even though she had been advertising for the opening, no one else had applied. A secret ballot was taken by Council, and the highest vote was for John Milligan. Rob Levine made a motion to appoint John Milligan to a two year term on the Local Liquor Licensing Authority Board, and Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 6-0. At this time, Ron Phillips noted he had received a resolution and letter from the County Commissioners regarding their support to the Town of Vail in the Tennenbaum land exchange. Next on the agenda was a presentation of the 1989 audited financial statements. Jerry McMahan, of McMahan and Armstrong, was not present yet, so Council decided take a fifteen minute recess until his arrival. Once the meeting reconvened, Charlie Wick expressed a few comments regarding the audit document. Steve Thompson commented on the management letter, the final billing coming to $18,600, and explained why. He noted he suggested the budget from now on be $20,000. Steve Thompson then reviewed the financial statement document and answered questions of Council. Jerry McMahan arrived. He gave his opinion of the audit, and he and Steve discussed parts of the report and answered questions. There being no further business, this meeting was adjourned at 8:40 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -2- r MINUTES VAIL TOWN COUNCIL MEETING JUNE 19, 1990 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 19, 1990, at 7:30 p.m., in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Merv Lapin Robert Levine Peggy Osterfoss MEMBERS ABSENT: Jim Gibson TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk Ten year employment anniversary awards to Pam Brandmeyer, Jan Choti, and Betsy Rosolack was first on the agenda. Ron Phillips gave background information on Jan, a Bus Supervisor in the Transportation Department, Betsy, a Planning Technician for Community Development, and Pam, the Town Clerk. Jan was not able to be present at the meeting, but Ron awarded Pam and Betsy with Town of Vail silver belt buckles. Mayor Rose thanked them for their long years of service, and stated the Council appreciated their hard work. Under Citizen Participation, Josef Staufer had a question for Kristan Pritz, to which she responded. There was no other discussion. Third on the agenda was Ordinance No. 18, Series of 1990, first reading, an ordinance amending Section 18.12 of the Municipal Code to provide for bed and breakfast operations. Mayor Rose read the full title of the ordinance. Betsy Rosolack gave brief background information on the ordinance, stating it was a housekeeping ordinance only. There was no further discussion by Council or the public. Merv Lapin made a motion to approve the ordinance, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. Next was Ordinance No. 21, Series of 1990, first reading, an ordinance designating an underlying zone district of high density multi-family to Special Development District No. 7, commonly referred to as the Marriott Mark Resort. The full title was read by Mayor Rose. Kristan Pritz detailed the background of the request and explained why the applicant was requesting the high density multi-family (HDMF) zoning for SDD No. 7. She reviewed the criteria used in evaluating the request, shown in the staff memorandum dated June 11, 1990. She noted the request met all the criteria, and explained why staff recommended approval. Kristan also remarked staff had recommended approval be conditional upon the SDD amendment being approved, but the PEC removed this condition of approval. She then reviewed the request for major amendments to the SDD to add 56 timeshare units and ten employee housing units, and summarized the proposal, itemizing as shown in the staff memorandum dated June 11, 1990. Kristan reviewed the criteria: uses, density, design compatibility, employee housing, parking and loading requirements, the Land Use Plan goals relevant to the property, on-and off-site traffic circulation, and landscaping. She stated staff recommended approval and explained why. She then referred to the staff memorandum dated June 19, 1990 summary of PEC action listing the 16 conditions for approval. Kristan also noted Council had received many letters regarding the proposal, both pro and con. Mayor Rose remarked this was a good overview of the entire project, but the Council was dealing with two separate ordinances: 1) the underlying zone district, and 2) amendment to the SOD; and he wanted to deal with each separately. Larry Eskwith commented on the property situation. After a short discussion by Council, Merv Lapin made a motion to approve Ordinance No. 21 on first reading, and Lynn Fritzlen seconded the motion. There was some discussion by ~i Council, Kristan, Larry, and Jay Peterson representing the applicant, regarding the previous zoning and what the underlying zone district would mean as far as any future changes. There was also discussion of the previous SDD ordinance and problems in dealing with it. A vote was then taken and the motion passed 5-1, with Peggy Osterfoss opposing. 1 The fifth item was Ordinance No. 22, Series of 1990, first reading, an ordinance amending SDD No. 7, commonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Municipal Code. Mayor Rose read the full title. Kristan Pritz stated she had already given her full presentation. Therefore, Peter Jamar, a land planner representing the applicant, explained how the applicant's request arrived at this proposed plan and the process they went through to get to this point. There was then much discussion by the Council, Peter, and Jay regarding timeshare units, the frequency of use, and different uses. Kristan explained the criteria for timeshare under the conditional use review. After much more discussion, Brad Quayle, Harry Frampton, Larry Lichliter representing Vail Associates, Bob Lazier, Tom Banner, and Dalton Williams (speaking as a Planning and Environmental Commission member) all stated they were in support of the proposed project. Cindy Jacobson was opposed to the project. At this time, Councilmembers stated their positions. Rob Levine commented he was concerned about growth, but this was a good project, the Marriott was a good neighbor, and the Lionshead Mall area needed the activity this would ultimately bring. Merv Lapin was opposed, stating the Town could not keep up with Vail Associates' growth and the growth to the west of town; also, he could not support the request for a 50 percent increase over allowable GRFA, twice the number of dwelling units allowed, and the increased density. Peggy Osterfoss felt the area could handle the added density, the Town needed more rental units, the request falls within the SDD criteria, and the local economy would benefit from local accommodations. She added she felt Council was looking at the maximum, and would there be any problems having a deed restriction to prohibit any further GRFA requests. Jay Peterson replied the applicant had no problem with including that condition. Mayor Rose felt different infrastructure was affected in different ways, and the Land Use Plan was a good document and has worked well over the years in directing where developments could occur. Tom Steinberg remarked he liked the new building and parking situation, but felt the density was too much. Lynn Fritzlen stated she thought if this property was upzoned, then Council would have to look at upzoning the surrounding area, and she did not agree with spot upzoning. Jay Peterson commented since it looked like the Council was in gridlock (3 for, 3 against), he wanted to request the the ordinance be tabled until a later date. He added he would like the opportunity to work on the problems the Council had with the proposal. Diana Donovan, as Chairman of the PEC, said the proposal had gone through the process, had the PEC's support except for one person, had the neighbors' support, and the staff's support, and she did not want to work this hard if she did not know the ground rules. Jim Shearer, of the PEC, agreed with Diana, and questioned just what the Land Use Plan did, and that if it did not address the Council's concerns, then it needed to be reviewed. Rob Levine made a motion to table the Ordinance until the July 3 Evening Meeting, which Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 6-0. Ordinance No. 20, Series of 1990, first reading, an ordinance amending Ordinance No. 10, Series of 1990, Special Development District No. 4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots to provide for gross residential floor area to be calculated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control was next on the agenda. Mayor Rose read the full title. Kristan Pritz stated this item had been postponed from tonight's meeting to the July 3 Evening Meeting. Next was Resolution No. 15, Series of 1990, regarding the Town's intention to issue multi-family housing revenue bonds for Professional Development Corporation. Lynn Fritzlen commented she had a potential conflict of interest, so she abstained from voting. Ron Phillips remarked this had been discussed previously by Council, and Charlie Wick answered questions of Council. After some discussion, Tom Steinberg made a motion to approve the resolution, which Merv Lapin seconded. Rob Levine stepped out of the room for a moment at this point. There was agreement among Council to amend Section 2a stating that should the bonds in fact be issued, the prospectus shall clearly indicate in bold face type that the Town of Vail shall have no obligation whatsoever for the payment of the bonds. Tom Steinberg amended his motion. A vote was taken and the motion passed 4-0, with Lynn Fritzlen abstaining and Rob Levine absent. The eighth item was an appeal of a Planning and Environmental Commission decision to support staff position to deny Mr. Todger Anderson's request to allow the construction of two additional masonry fireplaces with type A vents for installation of two Peterson gas log fireplaces. Susan Scanlan gave background information on the request, including the PEC vote of 5-0 in favor of the staff decision to deny the request. Sid Schultz, representing Mr. Anderson, gave reasons why he thought the request should be approved and the PEC decision overturned. There was then some discussion by Kristan and Larry regarding staff's interpretation of the ordinance -2- and Council's options. They stated there was no variance of the ordinance allowed, so Council had to uphold the PEC decision or change the ordinance. After more discussion, Todger Anderson addressed differences between gas log fireplaces and gas appliance fireplaces. Rob Levine made a motion to uphold the PEC decision, which Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. Action on the Vail Resort Association lease agreement was next. Larry Eskwith briefly gave background information on the agreement and stated it was a one year lease for the old Post Office building. After a short discussion by Council, Lynn Fritzlen made a motion to approve the agreement, and Rob Levine seconded the motion. A vote was taken and the motion passed unanimously 6-0. Last on the agenda was action on the Vail Resort Association information booth and special events contract. Larry Eskwith noted the contract was almost identical as the agreement the Town had with the Chamber of Commerce before, and gave specifics. He also noted the agreement included $30,000 to pay for a special events person for the URA. Rob Levine mentioned a typographical error in Section 3A to be corrected. Rob Levine made a motion to approve the contract with the noted correction, which Lynn Fritzlen seconded. Larry Eskwith said Steve Barwick would complete the blanks in the contract. A vote was taken and the motion passed unanimously 6-0. There being no further business, the meeting was adjourned at 11:45 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST; Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- TO: Town Council FROM: Community Development Department DATE: June 19, 1990 RE: A request to amend Section 18.12.030, Conditional Uses in order to allow Bed and Breakfast operations in the Two Family Residential (R) zone district. Applicant: Town of Vail I. DESCRIPTION OF REQUEST In December of 1989, the Town Council passed Ordinance 31, Series of 1989, which allowed Bed and Breakfast businesses in the Town of Vail. The Two Family Residential (R) zone district was inadvertently omitted. This request is to correct that omission. II. STAFF RECOMMENDATION The staff recommendation is for approval. The omission of the Two Family Residential Zone District from Ordinance 31 was not intentional, and persons in this zone district should be permitted to apply for a Bed and Breakfast conditional use permit to operate such businesses. The Planning and Environmental Commission voted 5-0 to recommend amendment to the Town Council. ORDINANCE NO. 18 Series of 1990 AN ORDINANCE AMENDING SECTION 18.12 OF THE VAIL MUNICIPAL CODE TO PROVIDE FOR BED AND BREAKFAST OPERATIONS UNDER CERTAIN PROVISIONS AND CIRCUMSTANCES AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council has passed an ordinance allowing bed and breakfast operations under certain conditions and in certain locations; and WHEREAS, the Town Council wishes to allow bed and breakfast operations as a conditional use in Two Family Residential Districts within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: ~ Section 1. Section 18.12.030 Two Family Residential (R) District of the Town of Vail Municipal Code--Conditional Uses is hereby amended to add paragraph G as follows: G. BED AND BREAKFAST AS FURTHER REGULATED BY SECTION 18.58.310. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 3 The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 4 The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 1 Section 5 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS 19th day of June , 1990, and a public hearing shall be held on this ordinance on the 19t1L day of .T,ina , 1990 at 7:30 p.m. in the Council Chamber of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 19th day of ,r,~p , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 2 J~ B. P~-~rERSON e1. ..a.~rit AT LAW TELEPHONE SUITE 907 VAIL NATIONAL BANK BUILDING 13031 478.0082 108 SOUTH FRONTAGE ROAD WEST FAX LINE JAY K. PETERSON VAIL, ODLORADO 81867 13031 479-0487 June 27, 1990 Ms. Kristan Pritz Town of Vail, Planning Department 75 South Frontage Road West Vail, CO 81657 RE: Marriott-Mark Resort Dear Kristan: Pursuant to our verbal request would you please take the appropriate action to table the Ordinance regarding the underlying zone district for SDD#24 and also the Ordinance for SDD#24 itself. The purpose of this request is to insure that we have enough time to finalize the language and make sure the Ordinance is correct. Would you please table this matter until July 17, 1990. If you have any questions please contact me at my office. Sincerely, a' re erson K •ne 2a ~ , lw~ u~7 ~d~sc~ et ~0.b¢kelF a~ n,~eliewr N.w~~'~~"'"N" I wisf. -f~ }~,Jp- Gas + -k July n, iaq= `ham, ~'k~~, ~ S~r~~r ScdN/~2- RESOLUTION N0. 16 Series of 1990 A RESOLUTION AUTHORIZING THE ACQUISITION BY THE TOWN OF VAIL, COLORADO (THE "TOWN") OF CERTAIN REAL PROPERTY LOCATED IN THE TOWN FROM ROBERT W. GLAKE AND FERN F. GLAKE ("SELLER") FOR A PURCHASE PRICE OF $109,000; SUCH REAL PROPERTY TO BE DEVOTED TO PUBLIC PURPOSES; AUTHORIZING THE ISSUANCE BY THE TOWN OF ITS PROMISSORY NOTE IN THE AMOUNT OF $87,200 PAYABLE IN THREE ANNUAL INSTALLMENTS, AND SECURED BY A DEED OF TRUST UPON THE SUBJECT REAL PROPERTY; AND PRESCRIBING OTHER DETAILS IN CONNECTION WITH SUCH ACQUISITION AND PURCHASE. WHEREAS, Seller is the owner of Lots 2 and 4, Block H, Vail das Schone Filing 2, Vail, Colorado; and WHEREAS, Seller desires to sell the property and the Town desires to purchase and acquire the property for open space and/or public purposes; and WHEREAS, the purchase price of the property will be annually paid and said purchase price will be divisible and subject to annual appropriations by the Town; and WHEREAS, the Town will not incur a general obligation indebtedness in connection with the proposed method of acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. The entering into by the Town of the purchase agreement with Seller with respect to the property is hereby authorized. 2. The total purchase price for the property shall be one hundred nine thousand dollars ($109,000) payable as follows: A. Ten thousand dollars ($10,000) as earnest money on the contract. B. Eleven thousand eight hundred dollars ($11,800) payable at closing. C. Eighty-seven thousand two hundred dollars ($87,200) to be payable to Seller in accordance with a promissory note attached to the purchase agreement as Exhibit A bearing interest at the rate of eight percent (8~) per annum payable in three annual installments of principal and accrued interest, said note being due and payable three (3) years from the date of its execution. 3. The execution by the Town of the deed of trust attached to the purchase agreement as Exhibit C and securing the obligation evidenced by the promissory note, is hereby authorized. 4. In accordance with the terms of the note and the deed of trust, the Town shall not have any liability for the payment of principal or interest or the performance of any other obligations under the note and deed of trust, it being understood and agreed that the Town's obligations thereunder are expressly subject to annual appropriations by the Town Council and that the sole remedy of Seller in accordance with the note and deed of trust is through an action against 'the property. 5. In accordance with Article II of the deed of trust, the Town shall be entitled to releases of the lien created by the deed of trust apportioned to the amount of the purchase price then paid for by the Town. 6. In accordance with Article II of the deed of trust, in the event that Seller recovers fee title to the property or any portion thereof as a result of foreclosure of the deed of trust (or otherwise), Seller shall have the right to repurchase from the Town any portion or all of the property previously released from the lien of the deed of trust upon payment to the Town of a sum per square foot equal to one hundred nine thousand dollars ($109,000) divided by the total number of square feet of the property for each square foot to be repurchased. 7. The deed of trust shall be a lien on the property superior to any other liens, encumbrances, or leases. 8. The purchase agreement, the note, and the deed of trust are aui;horized in substantially the form attached hereto. 9. The obligation authorized and evidenced by the purchase agreement, the note, and the deed of trust shall not constitute an indebtedness of or a pledge of credit by the Town within the meaning of any pertinent constitutional or statutory limitations; and, further, that all payments by the Town in accordance with the purchase agreement, the note, and the deed of trust shall be expressly :subject to annual appropriation by the Town Council. 10. The Mayor of the Town, the Town Clerk, the Town Manager, and Town staff are authorized to take any and all action toward the execution of the purchase agreement, the note, the deed of trust, and all other instruments and documents in connection with the transaction authorized by this Resolution and all previous actions in said regard taken by the Mayor, the Town Clerk, and the Town Manager are hereby ratified by the Town Council. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- RESOLUTION N0. 17 Series of 1990 A RESOLUTION AUTHORIZING THE ACQUISITION BY THE TOWN OF VAIL, COLORADO (THE "TOWN") OF CERTAIN REAL PROPERTY LOCATED IN THE TOWN FROM DIXON KEYSER AND LUCILLE KEYSER ("SELLER") FOR A PURCHASE PRICE OF $109,000; SUCH REAL PROPERTY TO BE DEVOTED TO PUBLIC PURPOSES; AUTHORIZING THE ISSUANCE BY THE TOWN OF ITS PROMISSORY NOTE IN THE AMOUNT OF $87,200 PAYABLE IN THREE ANNUAL INSTALLMENTS, AND SECURED BY A DEED OF TRUST UPON THE SUBJECT REAL PROPERTY; AND PRESCRIBING OTHER DETAILS IN CONNECTION WITH SUCH ACQUISITION AND PURCHASE. WHEREAS, Seller is the owner of Lots 1 and 3, Block H, Vail das Schone Filing 2, Vail, Colorado; and WHEREAS, Seller desires to sell the property and the Town desires to purchase and acquire the property for open space and/or public purposes; and WHEREAS, the purchase price of the property will be annually paid and said purchase price will be divisible and subject to annual appropriations by the Town; and WHEREAS, the Town will not incur a general obligation indebtedness in connection with the proposed method of acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. The entering into by the Town of the purchase agreement with Seller with respect to the property is hereby authorized. 2. The total purchase price for the property shall be one hundred nine thousand dollars ($109,000) payable as follows: A. Ten thousand dollars ($10,000) as earnest money on the contract. B. Eleven thousand eight hundred dollars ($11,800) payable at closing. C. Eighty-seven thousand two hundred dollars ($87,200) to be payable to Seller in accordance with a promissory note attached to the purchase agreement as Exhibit A bearing interest at the rate of eight percent (8%) per annum payable in three annual installments of principal and accrued interest, said note being due and payable three (3) years from the date of its execution. 3. The execution by the Town of the deed of trust attached to the purchase agreement as Exhibit C and securing the obligation evidenced by the promissory note, is hereby authorized. 4. In accordance with the terms of the note and the deed of trust, the Town shall not have any liability for the payment of principal or interest or the performance of any other obligations under the note and deed of trust, it being understood and agreed that the Town's obligations thereunder are expressly subject to annual appropriations by the Town Council and that the sole remedy of Seller in accordance with the note and deed of trust is through an action against the property. 5. In accordance with Article II of the deed of trust, the Town shall be entitled to releases of the lien created by the deed of trust apportioned to the amount of the purchase price then paid for by the Town. 6. In accordance with Article II of the deed of trust, in the event that Seller recovers fee title to the property or any portion thereof as a result of foreclosure of the deed of trust (or otherwise), Seller shall have the right to repurchase from the Town any portion or all of the property previously released from the lien of the deed of trust upon payment to the Town of a sum per square foot equal to one hundred nine thousand dollars ($109,000) divided by the total number of square feet of the property for each square foot to be repurchased. 7. The deed of trust shall be a lien on the property superior to any other liens, encumbrances, or leases. 8. The purchase agreement, the note, and the deed of trust are authorized in substantially the form attached hereto. 9. The obligation authorized and evidenced by the purchase agreement, the note, and the deed of trust shall not constitute an indebtedness of or a pledge of credit by the Town within the meaning of any pertinent constitutional or statutory limitations; and, further, that all payments by the Town in accordance with the purchase agreement, the note, and the deed of trust shall be expressly subject to annual appropriation by the Town Council. 10. The Mayor of the Town, the Town Clerk, the Town Manager, and Town staff are authorized to take any and all action toward the execution of the purchase agreement, the note, the deed of trust, and all other instruments and documents in connection with the transaction authorized by this Resolution and all previous actions in said regard taken by the Mayor, the Town Clerk, and the Town Manager are hereby ratified by the Town Council. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- . M i w • TO: Vail Town Council FROM: Department of Community Development SUBJ: Amendment to SDD #4 - Cascade Village concerning the maximum allowed GRFA for all duplex lots. DATE: July 3, 1990 On June il, 1990 the PEC reviewed a request for an amendment to SDD #4 - Cascade Village. The amendment would delete "No residential lot shall contain more than 4,200 sq. ft. of GRFA per the Glen Lyon Subdivision Covenants." The amended code will read "GRFA shall be calculated for each lot per Section 18.13.080 of the Town of Vail Municipal Code."(See attached memo dated June il, 1990) The PEC recommended approval of the amendment by a vote of 4-1. Diana Donavan voted against the request because she did feel comfortable with the increased development that would be allowed over what is currently allowed. The staff researched the issue in order to find any background information that might be available that would give reference to the limit on the maximum on GRFA for duplex lots that was instituted. Attached are minutes from The Planning Commission meetings on July 14 and December 27th, 1977. On July 27 the PEC reviewed the original subdivision plan. There is reference to the downzoning that was proposed in the development plan, but no specific reference to a maximum GRFA for the duplex lots. On December 27, the final plat was reviewed. There is specific reference to the 4200 sq. ft. GRFA maximum in the minutes. The maximum however, had not been discussed in any other previous staff memos or minutes of the meetings during the review period. In addition, at this time the Town was in the process of reviewing a Growth Management Plan for the Town which implemented downzoning for a number of areas in Vail. There were references to the applicability of this project to this plan. In the July 14th minutes there is a reference to "voluntary downzoning" by one of the PEC members. (See attached memo dated June 11, 1990 for further background information.) ~y c MINUTES VAIL PLANNING COMMISSION 14 JULY 1977 3:00 P.M. Members Present: Members Absent: Garton Chairman Drager Staff Present: Toughill Ron Todd Sandy Mills Dudley Abbott Gerry White Bill Hanlon APPROVAL OF FINAL PLAT -FDMI Upon presentation of the Final Plat concerning the resubdivision of Sunburst, adjoining neighbor Gordon Pierce commented that he had reservations about multi-family housing adjacent to Vail Valley Second Filing. He asked that careful attention be given to siting and design in the area. Abe Shapiro, also a resident of the area, agreed with Mr. Pierce's comments. Hanlon then moved to approve the plat subject to correction of technical difficulties by Kent Rose, town engineer; Todd seconded the motion; the vote was unanimous in favor; and the motion carried. APPROVED. Gore Creek Associates (SDD#4) - Preliminary Presentation Andy Norris began the presentation by explaining the history of the 97 acres involved in the special development district, annexation to the Town, creation of the SDD and exceptions to it. He then outlined possible development plans. Parcel A 1. CMC and Vail Mountain School have been consulted about putting an educational facility on a portion of this parcel. 2. 100 unit lodge. 3. Remainder to be MDMF - 150 units. Page 2 14 July 1977 e s Parcel B 8 C 1. MDMF - 6 acres 2. Open space - 3 acres 3. Duplex - 40 acres Norris commented that there would be a direct access road to the South Frontage Road from the project, a bike path and bridge, and that construction is planned for the summer of 1978. With regard to the development of Parcel A, two alternatives will be studied and designed: the combi- nation of educational facility and MDMF and all MDMF. Norris noted that he had received a letter from UEVSD indicating their ability to handle the sewer for the project; he will petition for inclusion into the VWSD for water only. Dudley Abbott commented that he is concerned with the impact of the development on current growth management objectives. Diana Toughillnoted that the Public Hearing will be held on September 1; further hearings will take place during October, with final approval to be given by the end of October. John Ryan, economic consultant for the project, then outlined subjects and issues to be studied in the environmental impact report required for the project. Areas to be covered will include: 1) description of setting and proposal; 2) impacts - social, economic and physical; and 3) ways to mitigate impacts. Drager commented that emphasis should be placed on energy and water saving devices. The town should have enforcement powers to ensure that the third party follows through with developer's plan. Discussion followed concerning heating either by gas or electric, including availability and costs. Norris remarked that the Town staff wants the E.I.R. to cover Parcel A, although it is not owned by Gore Creek Associates, in order to make a legitimate evaluation of SDD#4. White noted his concern with controls on the use of each parcel of land and asked Ryan to use a checklist to indicate growth impact which the planning commission designed Jay Peterson, attorney for the project, asked the commission if they felt the developer is headed in the right direction especially in the area of downzoning. White commented that the voluntary downzoning is good and in keeping with growth management. Mills stated her concern with control of densities. Page 3 14 July 1977 _ Abbott said that h? would like to see more single family residential lots; he also stated that a transportation re- quirement would be unrealistic and that transportation should be done by the Town. Todd commented that the voluntary attempt to downzone and the E.I.R. are commendable. Drager said that he liked the project and is in favor of the develop- ment plan. Preliminary Recommendation - Bus Barn site Toughill explained that the Council had requested a preliminary vote on site alternatives for the bus barn. Alternatives include the Selby-Tofel site, New Electric site, V.A. site and the Pulis site. It was noted that a comparative study of the sites has been made for light industrial use of the property. After some discussion, a straw vote was taken. Hanlon, White, Abbott and Mills voted for the Pulis site; Todd and Drager abstained due to possible conflicts of interest. Minutes of 6/30/77 Hanlon moved to approve the minutes; White seconded the motion; the vote was unanimous in favor; and the motion carried. APPROVED. As there was no further business, the meeting was adjourned. MINUTES PLANNING COMMISSION DECEMBER 27, 1977 3:00 P.M. Present: Ron Todd Scott Hopman Sandy Mills Dudley Abbott Ed Drager Staff Present: Diana Toughill Allen Gerstenberger Request for Final Plat Approval of Glen Lyon Subdivision Andy Norris, representing Gore Creek Associates, has requested approval of the final plat for the Glen Lyon Subdivision. The Town Council and Planning C~a~,~,ission approved the prelim- inary plat and the amendments to SDD4. After a discussion, the Commissioners were ready for a motion. The first motion was made by Ron Todd. He moved for approval of the Glen Lyon Subdivision final plat and covenants to the clause which will set a maximum GRFA limitation on any struc- ture (4,200 square feet), the exact language to be approved by the staff. This motion also includes detailed road profiles as amended by Kent Rose, drainage plans as submitted, bridge plans which meet technical requirements of the Town and other requirements as outlined in a memo from the Department of Com- munity Development to the Planning Commission dated December 27, 1977. Scott Hopman seconded the motion, and it was unani- mously approved by the rest of the members of the Planning Commission. Re subdivision and'Rezoning 'of'Lot 2, Block 2, Vail Village 12th Filing - Vail Associates As outlined in a memo from the Department of Community Develop- ment to the Planning Commission dated December 27, 197, Vail Associates has applied fora re subdivision into two~residen- tial lots and a rezoning from LDr,4F to ~R of the subject lot consisting of 3.06 acres. Minutes -2- December 27, 19?? , r" After a discussion, the Commissioners were ready for a motion; the first being made by Dudley Abbott to approve the proposed resubdivision and rezoning of Lot 2, Block 2, Vail Village 12th filing. Ron Todd seconded the motion, and it was unanimously approved by the rest of the members of the Planning Commission. Ron Todd made the first motion to adjourn the meeting; it was seconded by Scot Hopman and unanimously approved by the rest of the members of the Commission. The meeting adjourned at 4:30 p.m. TO: Planning and Environmental Commission FROM: Department of Community Development DATE: June 11, 1990 SUBJECT: A major amendment to Special Development District No. 4-Cascade Village, Area C, Section 18.46.100, Paragraph C: deletion of the following sentence "No residential lot shall contain more than 4200 square feet of GRFA per the Glen Lyon subdivision covenants", which amends the GRFA requirement to conform to the Primary/Secondary zone district, Section 18.13.080, Density Control. Applicant: Greg Amsden for 75~ of the property owners. I. DESCRIPTION OF THE REQUEST The applicant is requesting a major amendment to Special Development District No. 4, Cascade Village. The request is to delete the requirement which states "No residential Lot shall contain more than 4200 sq. ft. of GRFA per the Glen Lyon Subdivision covenants." The amended code will read "GRFA shall be calculated for each lot per Section 18.13.080, Density Control A and B for the primary/secondary district of the Town of Vail Municipal Code. With the deletion of this restriction, the density controls for duplex Lots 1-38 and 40-52 of Area C will be governed by Section 18.13.080 of the Vail Municipal Code. Because of the lot sizes, the amendment will allow 40 of the 51 duplex lots to increase their GRFA over what is currently allowed by the SDD No. 4 density requirements. However, these lots will not be granted more than what is allowed under the Town's density control for Primary/Secondary lots. The applicant is not requesting any other changes to the development standards. II. BACKGROUND At the time that SDD #4 was adopted, the GRFA definition was in the process of revision. By putting a maximum GRFA in the density requirement for the SDD, the developer's intent was to lock in a specified GRFA allowed for the lots. This was intended to protect against future changes in the interpretations of GRFA. The ceiling, however, became a restriction for the Glen Lyon property owners, as the GRFA requirements did not become more restrictive (as the developer had anticipated). Jim Rubin, the Community Development Department director at the time of the original adoption, confirms that the GRFA maximum was initiated by the developer to guarantee the GRFA for Glen Lyon lots. 1 - ~ The applicant has received signatures from 76.07% of the property owners approving the change in the GRFA requirement. The amendment will not include Lot 53 (Coldstream). The amendment will only affect duplex lots located in this Area C. Also, the amendment will not include Lots 39I and 39II. Under resolution #10, Series of 1982, these lots were subdivided and zoned Single Family Residential with a height restriction of 25 feet and a maximum GRFA of 3100 square feet per lot. III. SPECIAL DEVELOPMENT DISTRICT CRITERIA Section 18.40.080 of the zoning code sets forth the following design criteria to be used in evaluating the merits of a Special Development District. It is the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards or demonstrate that one or more are not applicable or that a practical solution consistent with the public interest has been achieved. A. Design compatibility and sensitivity to the immediate environment, neighborhood and adiacent t~rooerties relative to architectural design. scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The granting of the request will allow for an increase of the allowable GRFA for many of the duplex lots located in the Glen Lyon Subdivision. Currently the lots are regulated by the density requirements for Primary/Secondary zoning with a maximum allowable GRFA of 4200 square feet. 40 lots in Glen Lyon are restricted by this maximum. It is important to recognize that by deleting the maximum for GRFA, they will only be allowed to build what is allowed under Section 18.13.080 which regulates the GRFA on all Primary/Secondary lots. The mass and bulk of the buildings will increase in comparison to what would be allowed with the 4200 sq. ft. of GRFA maximum due to the increase in allowable GRFA. B. Uses, activity and density which erovide a comt~atible, efficient and workable relationship with surrounding uses and activity. The request will have no effect on the uses or activities of the area. The application will have no effect on the number of units in the subdivision. It 2 will increase the mass and bulk of the buildings because the allowable GRFA will be increased. The following is a chart depicting the range of additional GRFA that would be allowed for a number of lots: # of Lots Additional GRFA 11 0 . 18 1-250 sq. ft. 10 250-500 sq. ft. 5 500-750 sq. ft. 6 750+ sq. ft. C. Compliance with parking and loading reguirements as outlined in Chapter 18.52. Off-street parking shall be provided as stated in the SDD Ordinance. This would require dwelling units with up to 2,000 square feet of GRFA to provide 2 parking spaces, and dwelling units over 2,000 square feet to provide 2.5 spaces per unit. These are the standard Town of Vail parking requirements. D. Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plans. The application does not request any additional GRFA other than that which is allowed on other comparable Primary/Secondary lots in the Town of Vail. There are no planning studies that relate directly to this request. E. Identification and mitigation of natural and/or aeoloaic hazards that affect the property on which the special development district is proposed. Geologic hazards will be identified and mitigated as required by Section 18.69 Hazard Regulations of the Town of Vail Municipal Code. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The only element of the above criteria that will be affected by this request is building design. By 3 1 P r. T \ deleting the 4200 square foot maximum, the mass and bulk will be increased over what is currently allowed in the subdivision. However, the mass and bulk of the structures will be no more than what is allowed on other comparable Primary/Secondary lots in other areas of Vail. G. A circulation system designed for both vehicles and pedetrians addressing on and off-site traffic circulation. There will be no change to the circulation system. Since there will be no increase in density, there are no expected increases in use that would require a change to the circulation system. H. Functional and aesthetic landscaping and oven space in order to optimize and preserve natural features. recreation, views and functions. There will be no change to the existing landscaping and open space plan. Individual lots will be required to landscape 60$ of lots as per the Section 18.46.170 - Landscaping of SDD #4. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. There will be no effect on the phasing or subdivision plan. 23 of the 50 lots involved have either existing homes or are under construction. No additional lots are proposed with this application. IV. DEVELOPMENT STANDARDS All development standards for SDD# 4 are very site specific. For Area C, development standards including height, setbacks, site coverage, parking and landscaping are in accordance with the requirements for the Primary/Secondary zone district. This request would allow the Area C density control (GRFA) to be in accordance with Section 18.1.3.080 of the Vail Municipal Code. 4 w V. STAFF RECOMMENDATION Staff recommends approval of the request to delete the statement that "No residential lot shall contain more than 4200 square feet of GRFA per the Glen Lyon Subdivision covenants" as stated in Section 18.76.100 of SDD #4 Ordinance #10, Series of 1990 as applicable to Lots 1-38 and 40-52. The staff feels that this restriction was used as a means of guaranteeing GRFA to the Glen Lyon lots and instead, the maximum became a restriction. We feel that the deletion of the maximum will have no negative impacts on the surrounding properties. The amendment will allow the above lots to be controlled under the density requirements that are used for all other Primary/Secondary lots. There will be no change in the density requirements for Lots 39I and 39II which are controlled by Resolution No. 10, Series of 1982. 5 ORDINANCE N0.20 Series of 1990 AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 1990, SPECIAL DEVELOPMENT DISTRICT NO. 4, SECTION 18.46.100 C, DENSITY FLOOR AREA, AREA C GLEN LYON DUPLEX LOTS TO PROVIDE FOR GROSS RESIDENTIAL FLOOR AREA TO BE CALCULATED PER THE REQUIREMENT OF THE PRIMARY/SECONDARY ZONE DISTRICT SECTION 18.13.080 DENSITY CONTROL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, the Town Council approved Ordinance No. 10, Series of 1990 Special Development District No. 4 Cascade Village; and WHEREAS, a majority of the property owners within Area C, Glen Lyon Subdivision of Special Development District No. 4 have requested to amend Section 18.46.1000 of Special Development District No. 4; and WHEREAS, the Planning and Environmental Commission has recommended that the Gross Residential Floor Area for Duplex lots within the Glen Lyon subdivision be calculated per Section 18.13.080 of the Vail Municipal Code; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend Ordinance No. 10, Series of 1990 to provide for this change in Special Development District No. 4, Cascade Village, Area C Glen Lyon Duplex Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. All the procedures required for a Major amendment to an SDD as set forth in Section 18.40.100 have been complied with. Section 2. Section 18.46.100 Paragraph C, Density Floor Area, Area C, Glen Lyon duplex lots is hereby amended by the deletion of the following sentence: "No residential lot shall contain more than 4200 sq. ft. of GRFA per the Glen Lyon subdivision covenants." 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 affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. 1 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 inhabitants thereof. Section 5. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, an.y violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1990, and a public hearing shall be held on this ordinance on the day of 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 2 r TO: Town Council FROM: Community Development Department DATE: July 3, 1990 RE: A request for an amendment to the Town Zoning Code to add "Television Stations" as a first floor, or street level conditional use in the Commercial Core II zone district, Section 18.26.040. Applicant: Vail/Beaver Creek Television Network The Planning and Environmental Commission, at their June 25, 1990 public hearing, recommended denial of the above named request. The vote was 4-2 with Chuck Crist and Dalton Williams voting against the motion. A summary of the Planning Commissioner's individual comments and concerns are as follows: Chuck Crist - questions whether the proposed use will really draw pedestrians to the area. However, he feels that due to the general resort nature of the Town of Vail and the proposed T.V. station he tends to support the request. - questions whether a conditional use permit process would be more appropriate if the proposal had absolutely no frontage on a pedestrian mall or street. - generally felt that the proposed use was a viable use on first floor in CCII. Kathy Warren - generally not comfortable with the request. - she believes that the requested use would be better suited to a basement or second floor level and suggested that the applicant pursue an amendment to the zoning code regarding Section 18.24.030(C-6) regarding permitted uses on first floor or street level within a structure, subject to the issuance of a conditional use permit, where the use does not have anv exterior frontage on a public wav. street. walkwav or mall area. Jim Shearer - Is in favor of building up the commercial areas in Lionshead, but believes that limited sales tax would be generated by this proposal. - believes that an upper floor location would be more appropriate and feels that an upper floor would provide a better backdrop of the ski area for the T.V. studio. f' iPr/ L - believes that the proposed use does have marketable value for the Town of Vail but feels that we must guard against setting a precedent with this proposed use. - agrees with Kathy Warren regarding Section 18.24.030(C-6) and stressed the need to protect against setting a precedent and feels that he was voting strictly as a Planning Commission member and not with his emotions. Diana Donovan -believes that once this use is listed as a conditional use it would be very difficult to deny a request for such a conditional use. - agrees with Kathy Warren and Chuck Crist regarding Section 18.24.030 (C-6). Ludwig Kurz - agrees with the staff that we cannot afford to set a precedent with the proposed change and is not in favor of the request. Dalton Williams-believes that this proposed use would produce very heavy pedestrian traffic in Lionshead., which would generate sales and sales tax. -believes that this is exactly what the Town of Vail wants., -believes that people will show up for this proposed use. Feels that this is a "dynamite" idea. -believes that this is a proper conditional use. ~ ' ~ TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 1990 RE: A request for an amendment to the Town's zoning code to add "Television Stations" as a first floor, or street level floor, conditional use in the Commercial Core II zone district, Section 18.26.040 Applicant: Vail/Beaver Creek Television Network. I. DESCRIPTION OF THE REQUEST The applicants are requesting to amend Section 18.26.040 of the Town of Vail Zoning Code in order to add "Television Stations" as a first floor level, conditional use in the Commercial Core II zone district. The current zoning code does not specifically address television stations, however, the position of the planning staff has been that television stations fall under the category of professional offices. As such, professional offices are currently not allowed as permitted or conditional uses on.first floor or street level. Professional offices are allowed as a use by right in basement or garden level and second floor levels, as well as above second level with an approved conditional use permit. This request, if approved, would specifically separate television stations from professional offices. This modification to the code would allow for television stations to occur in Commercial Core II on first floor or street level with an approved conditional use permit. II. EVALUATION OF THIS REQUEST A. Suitability of Existing zonina. The purpose section of the Town's zoning code states: Section 18.26.010, Purpose "The Commercial Core II district is intended to provide sites for a mixture of multiple dwellings, lodges and commercial establishments in a clustered, unified development. Commercial Core II district in accordance with the Vail Lionshead Urban Design Guide Plan and Design Considerations is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of building and uses and to maintain the desirable qualities of the district by establishing appropriate site development standards". 1 r i_ It is the staff's opinion that this request to amend the zoning code would not be in conformance with the intent of the purpose section of the Commercial Core II zone district as stated above. The staff believes that television stations as a first floor or street level operation in Commercial Core II would not provide the pedestrian vitality and excitement currently generated by retail commercial uses. We recognize the mixed-use nature of the Commercial Core II zone district, however, we believe that the fabric of the existing horizontal zoning controls would be damaged with the allowance of television stations to occur on the first floor. We also believe that a dangerous prececlent would be set by the allowance of television stations as a first floor use. The staff would certainly not support other professional office use requests for similar zoning code amendments to allow for professional offices on first floor level. B. Is the amendment nrouosal nresentina a convenient, workable relationship among land uses consistent with municit~al objectives? The staff is comfortable with the Commercial Core II zone district standards regarding parking, landscaping and access which would ensure that any proposed television station use would meet the development standards of the zone district. We also feel that the conditional use permit criteria are more than adequate to address potential impacts associated with television station use. The conditional use permit criteria include: 1. The relationship and impact of the use on the development objectives of the Town. 2. The effect of use on the light and air, distribution of population, transportation facilities, utilities, schools, parks, and recreation facilities and other public facilities. 3. The 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. 4. The 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. 2 5. Such other factors and criteria as the Planning Commission deems applicable to the proposed use. 6. The Environmental Impact Report concerning the proposed use if an Environmental Impact Report is required. The Planning Staff believes that the above criteria will address any of the primary concerns relating to a television station use in the Commercial Core II zone district. We believe the most important issue is related to the effect of this proposal upon the character of the area. C. Does the amendment proposal provide for the growth of an orderly and viable community? The staff's opinion is that television stations on the first floor level of the Commercial Core II zone district would not be a positive use which would benefit the orderly growth and viability of the Vail Community. We do not believe television studios on the first floor to be a major guest attraction, and we believe that television studios, as well as any other professional office use, are more appropriately suited for either basement level or 2nd floor and above levels, which is prescribed in the zoning code. III. STAFF RECOMMENDATION The Community Development Department recommends denial of the applicants request to modify the Town's Zoning Code. We do not support the proposed change in the zoning code as we feel that the applicant's request is not consistent with the purpose section of the Commercial Core II zone district. Although we believe that television stations should be allowable uses in Commercial Core II at basement or second floor levels, we strongly feel that their proposed use on~ the first floor is inappropriate. 3 ORDINANCE NO. 23 Series of 1990 AN ORDINANCE AMENDING SECTION 18.26.040 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO INCLUDE AS A CONDITIONAL USE "TELEVISION STATIONS" IN THE COMMERCIAL CORE II ZONE DISTRICT AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Vail/Beaver Creek Television Network has submitted an application to amend Section 18.26.040 of the Municipal Code of the Town of Vail; and WHEREAS, television stations would be consistent with the intent of the Commercial Core II zone district; and WHEREAS, under a conditional use permit process, a television station would receive a detailed review to ensure the uses compatibility with surrounding uses; and WHEREAS, the Planning and Environmental Commission by a vote of 4-2, has recommended denial of this amendment to the Town Council; and WHEREAS, such amendment must be approved by the Town Council of the Town of Vail; and WHEREAS, the Vail Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend Section 18.26.040. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Section 18.26.040, Conditional Uses - Generally, of the Municipal Code of the Town of Vail is hereby amended by the addition of Subparagraph I to read as follows: ~'I - Television Stations" Section 2 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. 1 r Section 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 4. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1990, and a public hearing shall be held on this ordinance on the day of 1990 at '7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 2 r TO: Plannin and Environmental Commission g FROM: Community Development Department DATE: June 25, 1990 RE: A request for an amendment to SDD No. 23, Vail National Bank, Part of Lot D, Block 2, Vail Village 2nd Filing, 108 S. Frontage Road West. Applicant: Vail National Bank Building Corp. I. DESCRIPTION OF PROPOSED REQUEST The current application before the Planning Commission involves two elements: 1. An amendment to the approved development plan to allow for the enclosure of two decks on the third floor of the structure. This will add 1,276 square feet of office space to the building, resulting in a total amount of 23,205 square feet. This request is similar to the plan reviewed by the Planning and Environmental Commission in February of 1990. 2. An amendment to the parking standards of SDD No. 23 in order to provide parking for this proposed addition within the parking structure at the Vail Valley Medical Center. If approved, this office expansion would be completed at approximately the same time as the hospital's parking structure. The applicants have agreed that no occupancy of the new office space would occur prior to Vail National Bank's use of its parking spaces located in the Medical Center's parking structure. The anticipated completion date of the Medical Center's parking structure is December 20, 1990. The amount of required parking for the proposed addition is six spaces. The Vail National Bank is purchasing 8 spaces, and has optioned 4 additional spaces, in the Medical Center's parking structure. The Medical Center has a surplus of 12 parking spaces. II. BACKGROUND AND HISTORY 1. This property was rezoned to a Special Development District in May of 1989. This rezoning permitted an addition to the existing building of approximately 1,800 square feet, which has been completed. All parking was provided on-site. 1 2. In September of 1989, a minor amendment to the SDD was approved to allow for an addition of 218 square feet to the third floor. This space is to be created by converting an existing common corridor into office space. This new office space will generate the need for one additional parking space and the Vail National Bank proposes to relocate an existing condensing unit, on the southeast corner of the site, and convert the space into a parking stall. To date, this construction has not been done. 3. February 26, 1990--A request was presented to the PEC to expand office space by enclosing two third :Floor decks, as with the current proposal. However, the applicant wished to utilize the office space before the parking was available in the Medical Center's parking structure. An option to lease parking spaces :from the Holiday Inn was proposed as an interim parking solution. By a vote of 4-2-1 the PEC recommended approval of the request with conditions as follows: a. 5 parking spaces be designated, rather than 4. b. The Town Attorney shall review the purchase or lease agreement between the Vail National Bank and the Vail Valley Medical Center. 4. March 20, 1990--The Council voted 6-1 to deny Ordinance No. 9, Series of 1990 on first reading. The Council's concerns were limited to the timing of the construction at the bank before the parking spaces would be available at the Medical Center. 5. April 9, 1990--The PEC, by a unanimous vote of 7-0, approved a Conditional Use Permit to add two new half levels of parking and a Learning Lab to the Vasil Valley Medical Center's parking structure. This approval provided a surplus of 12 parking spaces at the Medical Center. III. REVIEW CRITERIA FOR THIS PROPOSAL This proposal constitutes a major amendment to the existing SDD. In this case, the Planning Commission's action is advisory, and final decisions are made by the Town Council. The criteria to be used in evaluating this proposal are the nine design criteria of the SDD section of the zoning code. These design criteria address a variety of issues, :including design compatibility, uses, parking, compliance with the Vail Comprehensive Plan, site planning, etc. As with all SDD's, the specific development standards on this property 2 are established by the approved development plan and the ordinance approved by the Council. It is the burden of the applicant to demonstrate that their proposed development plan complies with each of the nine design criteria, or demonstrate that they are not applicable, or that a practical solution consistent with the public interest has been achieved. IV. SPECIAL DEVELOPMENT DISTRICT CRITERIA A. Design compatibility and sensitivity to the immediate environment. neighborhood and adiacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The staff believes this proposed addition of 1,276 sq. ft. of office space to be consistent with all of the above named criteria. The design is compatible with the existing structure, the scale and bulk of the building is not appreciably increased, and the visual integrity of the existing structure will be maintained. B. Uses, activity and density which Qrovide a compatible. efficient and workable relationship with surrounding uses and activity. The proposed office use of this new space will be consistent with the existing office uses in the structure, and we believe the request to enclose the two decks and convert them to office space will have no impact on surrounding uses and activities. In the event that the parking structure is not completed for some unusual reason, the space could be used for common storage instead of a use that has a parking demand. Staff prefers this alternative to requiring a letter of credit to remove the space. C. Compliance with parking and loading requirements as outlined in Chanter 18.52. This criteria references the parking section of the zoning code as a basis for evaluating development proposals. The parking section of the code states that all required parking should be located on-site. The Town Council can grant exceptions and allow off site parking if certain criteria are met. In addition, it should be understood that the design criteria can be waived if "a practical solution consistent with the public interest has been achieved." 3 There is a specific process outlined in the code for leasing parking spaces. This proposal is consistent with this process, and because this property is an SDD, the proponent can establish its own standards for parking. This means that the applicants are within their rights to request approval of the parking solution as proposed. The staff is supportive of the request to locate six spaces within the Medical Center's parking structure. This appears to be a workable situation considering the close proximity of these two sites and the relatively small number of parking spaces involved. The Medical Center's parking structure is currently under construction and according to Dan Feeney, project manager for the parking structure, the construction is currently on schedule for a December 20, 1990 completion. According to Mr. Feeney, this date could move up to the end of November if the weather cooperates. Attached is a Modification Agreement, as well as an Irrevocable Letter of Credit from Vail National Bank, which indicates the exercise of the Bank's option to purchase parking spaces in the Medical Center's parking structure. Although the Bank's additional parking requirement is 6 parking spaces, the Bank is purchasing 8 spaces and has optioned 4 additional spaces in the Medical Center's parking structure. In addition, we believe it is positive that the bank purchases two additional spaces beyond what is required by the Town of Vail parking code. The project seems to generate an usually high parking demand even though technically the project meets the code. D. Conformity with applicable elements of the Vail Comprehensive Plan. Town policies and Urban Design Plans. The staff believes that the proposal is in conformance with the existing Town of Vail Land Use Plan and we believe the following sections of the Land Use Plan to be applicable to this proposal: 1.1: Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 4 1.3: The quality of development should maintained and upgraded whenever possible. 1.12: Vail should acc.,.w..odate most of the additional growth in existing developed areas (infill areas). E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards that affect the Vail National Bank property. F. Site plan, building design and location and open space provisions designed to produce a functional development_ responsive and sensitive to natural features. vegetation and overall aesthetic auality of the community. This proposal constitutes no change to the existing building design, site plan, and open space provisions. G. A circulation system designed for both vehicles and pedetrians addressing on and off-site traffic circulation. Not applicable. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features. recreation. views and functions. Not applicable. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Not applicable. 5 s V. STAFF RECOMMENDATION . The staff is supportive of the Vail National Bank's request for an amendment to SDD No. 23. We are now comfortable with the timing of the request and the Modification Agreement and Irrevocable Letter of Credit. We feel that the joint-use parking arrangement is very reasonable, given the close proximity of the neighboring parking structure and 'the fact that this area has been planned in a manner that integrates the Doubletree, Hospital and Bank sites. The Doubletree has also received approval to locate parking in the hospital structure. The staff rec~....,~endation for approval carries the following conditions: - The Town of Vail will not issue a Temporary Certificate of Occupancy to the Vail National Bank (for the enclosure of the two balconies), until such time as the Medical Center receives a Temporary Certificate of Occupancy for the parking structure. - If for some unforeseen reason the Medical Center's parking structure is not completed, the newly constructed deck enclosure shall only be allowed to be used for common storage. The owner shall be required to submit a written agreement addressing this condition on the use of the space for the Town Attorney's review and this shall be recorded, on the land records, at the Eagle County Clerk and Recorder's Office. 6 ORDINANCE NO. 25 Series of 1990 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 23, THE VAIL NATIONAL BANK BUILDING, AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, an application has been made to amend Special Development District No. 23, commonly referred to as The Vail National Bank Building; and WHEREAS, in accordance with section 18.66.140 the Planning and Environmental Commission held a public hearing on the proposed amendments and has submitted a recommendation to approve said amendments to the Town Council. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all other requirements of the Municipal Code of the Town relating to zoning amendments have been fully satisfied. Section 2. The Town Council finds that the procedures set forth for amendments to Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 3. Section 4 of Ordinance No. 9, Series of 1989 is hereby amended with the addition of subparagraph 3 to read as follows: The development plan is comprised of those plans submitted by Sidney Schultz-Architect AIA, and consists of the following documents: 3. Architectural Plans designated as Sheets Al and A2, dated December 26, 1989. Section 4. Section 5, Paragraph E. of Ordinance No. 9, Series of 1989 is hereby amended to read as follows: E. Parking Parking demands of this development shall be met in accordance with the off-street parking requirements for specified uses as stated in Section 18.52 of the Vail Municipal Code. Six parking spaces required by this development shall be provided in the adjacent Vail Valley Medical Center parking structure. Section 5. Section 6 of Ordinance No. 9, Series of 1989 is hereby amended by the addition of subparagraphs 5-6 to read as follows: 5. The Vail National Bank Building shall not occupy the expanded premises as shown on architectural plans A-1 and A-2 unless Vail Valley Medical Center has received a Temporary Certificate of Occupancy for the parking structure. 6. The Vail National Bank Building agrees that if for some unforseen reason the Vail Valley Medical Center's parking structure is not completed, the newly constructed deck enclosure shall only be allowed to be used for common storage. Section 6. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares .it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. 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 inhabitants thereof. Section 8. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as 2 commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1990, and a public hearing shall be held on this Ordinance on the day of , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 3 ORDINANCE N0. 26 Series of 1990 AN EMERGENCY ORDINANCE FOR THE PURPOSE OF ALLOWING PARKING AS A TEMPORARY PERMITTED USE IN AN AREA SOUTH OF THE VISTA BAHN TERMINAL FROM VAIL ROAD TO CHAIR 12, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, substantial construction work is being done to the Vail Village Parking Structure which eliminates the ability to use the structure for parking; and WHEREAS, the summer tourist season has commenced in Vail, and it is essential to find substitute parking for the citizens of Vail, its tourists, and guests immediately; and WHEREAS, Vail Associates, Inc., the owner of the property, more particularly described in Exhibit A (the "property") is willing to permit such parking to occur thereon; and WHEREAS, the zone district in which the property is located is designated as agricultural open space zoning which does not allow parking as a permitted use; and WHEREAS, there is no other property which has been identified within the Town that is suitable for emergency parking during the period of time that the Vail Village Parking Structure is under construction, and consequently the Town Council wishes to allow parking as a permitted use on the property effective immediately with the passage of this ordinance and continuing until September 30, 1990. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Parking shall be a permitted use on the property effective immediately upon the passage of this Ordinance and continuing until September 30, 1990, on which date it shall no longer be a permitted use. 2. Because it is essential to obtain additional parking spaces for the period of time during which the Vail Village Parking Structure is under construction and failure to find such parking will impair the economic welfare of the community and it is further necessary to find additional parking spaces for the safety and protection of the citizens and guests of the Town of Vail, this Ordinance is declared an emergency ordinance for the preservation of public property, health, welfare, peace, or safety, in accordance with Section 4.11 of the Town Charter requiring passage at one meeting of the Town Council to be effective. 4. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declarec invalid. 5. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of tFie Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsisi:ency. This repealer shall not be construed to revise any bylaw, order, resolution„ or -ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED AS AN EMERGENCY ORDINANCE this 3rd day of July 1990, in the Council Chambers of the Vail Municipal Building, Vail, Colorado, and this ordinance shall take effective immediately. Ordered published in full this 3rd day of July 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2-