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-