HomeMy WebLinkAbout1994-06-21 Support Documentation Town Council Evening Session
VAIL TOUVN COUfVCIL
EVENING MEETING
TUEsDAY, JuNE 21, 1ss4
7:30 P.M. BP9 TO!! COUNCIL Ciid4MBERS
EXPANDED AGENDA
7:30 P.M. 1. CITIZEN PARTICIPATION.
7:35 P.M. 2. Ordinance No. 13, Series of 1994, second reading, an ordinance repealing and
reenacting Section 18.69.050 of the Municipal Code of the Town of Vail, setting
forth new procedures for measuring slope of a proposed development site and
permitting retaining walls six feet in height in the front setback when associated
with a permitted garage structure. Applicant: Town of Vail.
7:40 P.M. 3. Ordinance No. 12, Series of 1994, second reading, an ordinance repealing Section
Ken Hughey 9.56- Concealed Weapons and 8.24.030- Discharqinq Firearms of the Town of Vail
Buck Allen Municipal Code and enacting Chapter 9.56 - Offenses Relatinq to Weapons -
Tom Moofiead Criminal Attempt, and Complicity.
Action Requested of Council: Table second reading until July 5, 1994. ,
Backqround Rationale: The ordinance was first proposed by Councilmember Merv
Lapin who will be present and availabe to participate on July 5, 1994. The staff
continues to reviewr the suggestions and requests made by Council on first
reading.
7:45 P.M. 4. Ordinance No. 9, Series of 1994, first reading, an ordinance amending Chapter
Mike Mollica 18.40, Special Development Districts. Applicant: Town of Vail.
Action ReQUested of Council: Approve/deny/modify Ordinance No. 9, Series of
1994, on first reading.
Backqround Rationale: Please see the Community Development DepartmenYs
memo to the PEC dated June 13, 1994, included in the Council packet. On June
13, 1994, the PEC voted unanimously (7-0) to recommend approval of the
amendment to the Special Development District chapter. Staff Recommendation: The staff recommendation is for approval of Ordinance
No. 9, Series of 1994, on first reading.
8:15 P.M. 5. Ordinance No. 11, Series of 1994, first reading, an ordinance making supplemental
Steve Thompson appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate Transfer Tax Fund, and Bond Proceeds Fund, of the 1994 budget and
the financial plan for the Town of Vail, Colorado; and authorizing the expenditures
of said appropriations as set forth herein; and setting forth details in regard
thereto.
Action Requested of Council: Approve/deny/mod'rfy Ordinance No..ll, Series of
1994, on first reading.
Backqround Rationale:
8:30 P.M. 6. Resolution No. 17, Series of 1994, a resolution establishing conditional support by
Russ Forrest the Vail Towrn Council for the Piney Valley Ranch Trust Land Exchange.
Tom Moorhead
Action Requested of Council: Approve/deny/modify Resolution No. 17, Series of
1994.
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Backaround Rationale: Council directed staff to prepare a resolution consistent
with intent expressed at last presentation on May 24, 1994. There was additional
discussion concerning this resolution earlier this date at Work Session.
9:00 P.M. 7. Town Manager's Report.
9:30 P.M. 8. Adjournment.
NOT'E UPCOM11VCa MEE1'ING START TIMIES BELOW:
(ALL TIMES SUBJECT TO CHANGE)
YHE NE1CT VAIL TOVl/N COUNCIL FiEGULAR WORK SESSION
lAlILL BE OR9 7'l9ESDAY, 6/28/94, BEGINAIING A1T 1:00 P.M. IN 'fOV COUNCIL CFiAMBERS.
THE FOLLOWlING VAIL TOVlIN COUNCIL FiEGULAR VUOFiK SESSION
W0LL BE ON TUESDAY, 7/5/94, BEGINNING AT 2:00 P.M. IIV Tpy COUNCIL ChiAMBERS.
YHE FOLLOliUBNG VAIL TOWR9 COUIdCEL REGULAR EVENING MEE'TING
WOLL BE ON TIDESDAV, 7/5/94, BEGIIVNING AT 7:30 P.M. IIV TOV COUIdCIL CHAIIflBEIRS.
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61flEMORANDUNd
TO: Staff
FROM: George Ruther
DATE: June 16, 1994 SUBJECT: Wail Height Ordinance fVo. 13, Series of 1994
XXX
On May 23, 1994, a memorandum was presented to the Planning and Environmental
Commission (PEC) describing a proposed amendment to Section 18.69.050 of the Town of
Vail Municipal Code. The purpose of the amendment was to clarify how slope is to be
measured and to allow for retaining walls up to 6 feet in height (associated with a permitted
garage) to be constructed in the front setback for projects where the average slope of the site
beneath the proposed structure and parking area is in excess of 30%.
The amendment, request was prompted by the PEC as a means of streamlining the
development review process and encouraging development practices which result in less site
disturbance and are more sensitive to sites with steep slopes. It was felt by the members of
the PEC that the development review process could be streamlined if retaining walls up to 6
feet in height were permitted in the setback when associated with a garage already
permitted in the setback by Section 18.69.050 of the Town of Vail Municipal Code. Prior to
this code amendment, garages were permitted, at the discretion of the DRB, in the front
setback, however retaining walls greater than 3 feet in height in the front setback required a
height variance. Most instances of a garage in the front setback on lots with slopes greater
than 30% require retaining walls greater than 3 feet in height. Such a situation created what
appeared to be a contradiction in the Code and to the intent of allowing garages to be located
in the front setback when the average slope of the site beneath the proposed structure and
parking area was in excess of 30%.
In addition to streamlining the development review process, the PEC members felt that the
proposed amendment to Section 18.69.050 would result in less site disturbance. By moving
the garage and any associated retaining walls into the front setback, less site area was
disturbed in the construction process. The amount of disturbance is often an issue when
building on steep lots.
Lastty, the intent of the amendment was also double checked and approved by the
chairperson of the PEC. Retaining walls up to 6 feet in height are only intended to be
permitted in the setback when directly associated with a garage also in the setback. The
intent of the amendment is not to allow 6 foot high retaining walls in the setback if they are
not associated with a garage in the setback. The amendment has been written by staff to
allow DRB to review each retaining wall request as referenced to Section 18.69.050(L) of the
Town of Vail Municipal Code.
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ORDINANCE FVO. 13
SERIES OF 1994 AN OFtDINAiVCE REPEALIbVG AND REEiVACTING SECTIOiV 18.69.050 OF T'FiE
MUNICIPAL CODE OF T'HE TOUVN OF V,41L, SETTIIVG FORTH FVENV PROCEDURES FOR
ij/IEASVJRIIV(a SL.OPE OF A PROPOSED DEVELOPn(IENT SITE AOVD PERMIlTItV(a
FiETAINING 1NALLS SIX FEET IN IiEIGH7' IIV THE SETBACK WHEN ASSOCIATED VVITH
A PERMITTED GARAGE-STRUCTURE.
WHEREAS, the Town Council believes that the following amendment will result in
development that is more sensitive to the site with less site disturbance.
WHEREAS the Planning and Environmental Commission voted 7-0 in favor of the
amendment.
WHEREAS, the Town Council believes that the following amendment will streamline
the development review process for proposed developments on sites where the average slope
is greater than 30 percent.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado: 1. Section 18.69.050 - Special restrictions for developments on lots where the
average slope of the site beneath the existing or proposed structure and parking area is in
excess of thirty percent in hillside residential, single-family residential, two-family residential,
and two-family primary/secondary residential zones - of the Municipal Code of the Town of
Vail is hereby repealed and reenacted as follows:
The following additional special restrictions or requirements shall apply to development
on any lot in a hillside residential, single-family residential, two-family residential or two-family
primary/secondary residential zone district where the average slope of the site beneath the
existing or proposed structure and parking area is in excess of thirty percent:
, A. A soil and foundation investigation, prepared by and bearing the seal of a
registered professional engineer shall be required.
B. Foundations must be designated and bear the seal of a registered, professional
engineer.
C. A topographic survey prepared by a registered surveyor, with contour intervals
of not more than two feet, shall be required.
D. Structures must be designed by a licensed architect.
E. Site coverage as it pertains to this chapter, as permitted by Sections 18.09.090,
18.10.110, 18.12.110 and 18.13.090, is amended as follows: Not more than
fifteen percent of the site area may be covered by buildings; and not more than `
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5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order; resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON FIRST READING this 7th day of June, 1994, and a public hearing shall be held on this
Ordinance on the 21 st day of June, 1994, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
READ AND APPROVED ON SECOND READIIVG AND ORDERED PUBLISHED
this day of , 1994.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
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ORDBIVA?NCE BVO. 1 2
SERIES OF 1994
AN ORDiNANCE REPEAL@NC SECTION 9.56 - C06dCEe4LED WEAPOR9S
AND SECT@0N 8.24.030 - DISCFIARGING FIREARIVIS
~F THE T011VR9 OF VA1L AfldJNICSPAL CODE
AND EIVACTIIVC CBiA?PTER 9.56:
OFFENSES RELATBNG TO VVEAPONS, CRIMIIVAL ATTElVIPT, AND COMPLSCITY.
1IVHEREAS, it is incumbent upon Town Council to provide for the public peace, morals,
health and welfare; and
WHEREAS, there are issues concerning weapons, conduct that constitutes criminal
attempt, and complicity that are not presently addressed in the Municipal Code of the Town of
Vail.
NOV1l, THEREFORE, BE IT ORDAINED BY THE TOlIVN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1
Section 8.24.030 and 9.56.010 are hereby repealed.
Section 2
Chapter 9.56 will be enacted as follows:
9.56.010 - DISCHARGE OF FIREARMS, DEADLY 1IVEAPONS AND DESTRUCTIVE
DEVICES PROHIBITED.
It shall be unlawful for any person to discharge firearms, deadly weapons, explosive
devices, guns, pistols, shotguns, rifles, airguns, gas operated guns, spring guns, or a weapon of
any kind or description within the limits of the Town; provided, however, that this Section shall not
apply to police officers in the discharge of their duties.
9.56.020 - EXCEPTIONS; PERMITS.
The Town Council may at any time, upon receipt of proper application, grant permits to
shooting galleries, gun clubs, rifle ranges, and other establishments for shooting in fixed localities
and under specified rules. Such permits shall be in writing attested by the Town Clerk,
conforming to such requirements and conditions as the Town Council shall demand, and the
permit thus issued shall be subject to revocation at any time by action of the Town Council.
9.56.030 - ILLEGAL VVEAPONS, USE OR POSSESSIOiV PROHIBITED.
A. It is unlawful for any person to knowingly possess, conceal, or cause to be
concealed on their person or in any vehicle, or to use, any blackjack, gravity knife, multi-fixed
bladed stellate throwing knife, switchblade knife, nun-chucks, or brass or metallic knuckles.
B. IVothing in this Section shall apply to peace officers or to members of the armed
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Ordinarce No. 12, Series of 1994
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forces of the United States or the Colorado IVational Guard acting in the lawful discharge of their
duties so long as such weapons have been issued or approved by their supervisor or superior
officer.
9.56.040 - UiVLAVVFUL COiVCEALMEIVT OF DEADLY UVEAPONS.
A. It shall be unlawful for any person to wear under his clothes, or conceal about his
person, any dangerous or deadly weapon.
B. _For purposes of this Section only, "conceal" shall mean placement of the
dangerous or deadly weapon in question about the person, or within his immediate reach, in such
a manner as to be either completely hidden from viewr or partially hidden to such an extend that
another person making normal contact with that person cannot ascertain the true nature of the
weapon.
C. ft shall be an affirmative defense that the defendant was:
1. A person in his own dwelling or place of business or on property owned or
under his control at the time of the act of carrying; or
2. A person who, prior to the time of carrying a concealed weapon, has been
' issued a written permit to carry the wreapon by an official lawfully authorized to
issue such permit, and the written permit states that it shall be effective in all areas
. of the State; or
3. A peace officer, as defined in Section 18.1.901(3)(I) of the Colorado
Revised Statutes, as amended; or "
4. Carrying a folding-type knife with a blade not exceeding three and one-half
inches (31/2") in length.
9.56.050 - POSSESSION VIIITHIN LICEIVSED PREMISES.
A. It shall be unlawful for any person as a patron of an establishment where alcoholic
beverages are sold for consumption on the premises, to possess or carry or display any
dangerous or deadly weapon, whether concealed or not, while on the premises of such
establishment.
B. It shall be an affirmative defense to a charge of possession or carrying a
dangerous or deadly wreapon under this Section that said weapon was a folding-type knife with
a blade not exceeding three and one-half inches (31/2"). This defense does not apply to a charge
of displaying such a weapon.
C. It shall be an affirmative defense to a charge of possession or carrying a
dangerous or deadly wreapon under this Section that the person is in that person's own dwelling
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Ordinance No. 12, Series of 1994
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or place of business or on property owned or under that person's control at the time of the act
of carrying or possessing.
9.56.060 - SELLING UVEAPOiVS TO IfVTOXICATED PERSONS.
It shall be unlawful for any person to purchase, sell, loan, or furnish any dangerous or
deadly weapon to any person intoxicated or under the influence of alcohol or any narcotic or
dangerous drug or glue.
9.56.070 - EXCEPTIONS.
fVothing in Sections 9.56.010, 9.56.030, 9.56.040, and 9.56.050 of this Chapter shall be
construed to forbid any enforcement officer of the various law enforcement agencies of the United
States government, or the State of Colorado, or any sheriff or his deputies, or any regular, special
or ex-officio peace officer from carrying, wearing, or using such weapon as shall be necessary
inAhe proper discharge of his duties so long as such weapons have been issued or approved by
their supervisor or superior officer.
, 9e56.080 - FORFEITURE.
Any dangerous or deadly weapon as defined by this Chapter used or possessed in
violation of Sections 9.56.010, 9.56.030, 9.56.040, 9.56.050, and 9.56.060, inclusive, of this
Chapter, is hereby dectared to be contraband and shall be forfeited to the Town upon a conviction
resulting from such use or possession.
9.56.090 - DISPOSITIOIV OF COIVFISCATED WEAPONS.
It shall be the duty of every peace officer, upon making an arrest and taking such a
weapon, thing, or substance from the person of the offender to deliver or cause to be delivered
the same to the Chief of Police to be held in his custody until the final determination of the
prosecution of said offense. The Chief of Police, or his authorized agent, shall dispose of
uveapons forfeited pursuant to ordinance by destruction or retention for Department use in
accordance with procedures and regulations of the Police Department.
9.56.100 - CRIMIfVAL ATTEMPT.
A. A person commits criminal attempt if, acting writh the kind of culpability otherwise
required for commission of an offense, he engages in conduct constituting a substantial step
toward the commission of the offense. A substantial step is any conduct, whether act, omission,
or possession, which is strongly corroborative of the firmness of the actor's purpose to complete
the commission of the offense. Factual or legal impossibility of committing the offense is not a
defense if the offense could have been committed had the attendant circumstances been as the
actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated
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by the accused.
B. A person vvho engages in conduct intending to aid another to commit an offense
commits criminal attempt if the conduct vuould establish his complicity under Section 9.56.120
were the offense committed by the other person, even if the other is not guilty of committing or
attempting the offense. C. It is an affirmative defense to a charge under this Section that the defendant
abandoned his effort to commit the crime or otherwise prevented its commission, under
circumstances manifesting the complete and voluntary renunciation of his criminal intent.
9.56.110 - COMPLICITY.
A person is legally accountable as principal for the behavior of another constituting a
criminal offense if, with the intent to promote or facilitate the commission of the offense, he aids,
abets, or advises the other person in planning or committing the offense.
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 wrould have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4
The Town Council hereby finds, determines, and declares that this ordinance is necessary
and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof.
Section 5
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 6
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
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Ordinance No. 12, Series of 1994
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INTRODUCED, READ, APPROVED, AfVD ORDERED PUBLISHED O(VCE IN FULL ON
FIRST READIiVG this 7th day of June, 1994, and a public hearing shall be held on this Ordinance
on the 21 st day of June, 1994, at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Touvn Clerk
READ AIVD APPROVED OfV SECOND READING AfVD ORDERED PUBLISHED
this day of , 1994.
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Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\OFD94.12
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Ordinance No. 12, Series of 1994
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tltll EIYA Of7P11\ D7.I Itl0
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 13, 1994
SUBJECT: A request for an amendment to Section 18.40, Special Development Districts,
to eliminate the use of the SDD in certain zone districts.
Applicant: Town of Vail
Planner: Nlike Mollica
1. DESCR9PTV0N OF THE REQ9.BEST
The Special Development District (SDD) section of the Town of Vail Municipal Code currentty
allows for the establishment of an SDD in any of the Town's zone districts. The Town Council
has directed the planning staff to proceed with an amendment to the SDD section of the
zoning, code which would eliminate the possible establishment of an SDD in the following zone
districts:
-Single Family Residential
-Two Family Residential
-Primary/Secondary Residential
-Hillside Residential
In addition to the above low density residential zone districts, staff would recommend that the
establishment of an SDD also be prohibited in the following zone districts:
-Agricultural and Open Space
. -Green Belt and fVatural Open Space District
-Parking District
-Public Use District
111. BACKGROUND & H6STORV
Staff believes that the SDD ordinance was originally intended to provide for flexibility in the
development of land and to facilitate design, which is sensitive to the site, and to provide for
the site specific review of mixed-use and large-scale development projects. The purpose of
this proposed amendment to the SDD chapter is to clarify this initial intent.
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For background information, the following are the four SDD's which would not have been
allowed had this proposed language been initially incorporated into the SDD ordinance:
1. SDD #13 - Wirth/UVheeler (Lots 7, 8, 9, Block H, Vail Das Schone 2nd Filin .
This SDD request was made in 1984 and involved three lots in the Vail Das Schone
area, all three of which had an underlying zoning of Primary/Secondary Residential.
One of the lots was a"flag lot" with an approximate 20% slope in the area whE;re the
lot accesses Garmisch Drive. The approved SDD allowed for the site planning of all
three lots to occur simultaneously, thereby improving the sensitivity of the development
on the site by reducing the number, and severity, of the driveway cuts. The SIDD request also reduced the allowable density on the site. The total number of dwelling
units was reduced from six to four, and the overall GRFA (for the combined area of the
three lots) was reduced from 10,026 square feet, down to 8,400 square feet.
The staff recommendation on this SDD establishment was for denial, due to the
applicanYs proposal to reduce the project's density by eliminating two employee
housing units. The PEC unanimously (4-0-1) recommended approval of the request
and the Town Council also unanimously (6-0) approved the establishment of the SDD.
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2. SDD #22 - Dauqhinais Moselev Subdivision (Grand Traverse).
The underlying zone district for the Dauphinais Moseley Subdivision was
Primary/Secondary Residential. This zoning allowed for a total of nineteen
primary/secondary lots, containing thirty-eight dwelling units, with a total allowed GRFA
of 84,905 square feet. In 1988, the Town of Vail approved an SDD for this property.
The approved SDD created twenty-four lots, with twenty-four dwelling units and a total
GRFA of 68,204 square feet. Additionally, each lot has the ability to have one deed
restricted employee housing unit. The developer was required to construct a minimum
of- six employee dwelling units within the subdivision.
The staff recommendation on this SDD establishment was for approval. The PEC
unanimously (7-0) recommended approval of the request and the Town Council also
unanimously approved the establishment of the SDD (by a vote of 5-0-1).
3. SDD #26 - Shapiro Special Development District.
Although this SDD request was denied by the Town Councit in 1991, the request
involved the establishment of an SDD on an unplatted parcel of ground consisting of
approximately 6.8 acres. The property is located north of Sandstone Drive and west of
Potato Patch Drive. The underlying zone district on this unplatted parcel was
Agricultural and Open Space. This SDD's deviations from the underlying zone district
included GRFA (an additional 2,625 square feet), density (one additional dwe9ling unit),
wall height (wall heights up to 9.5 feet), and slopes (1.25:1 slopes). The staff recommendation on this SDD establishment was for denial, and the PEC also
unanimously recommended denial. Ultimately, the Town Council also voted for denial
of the SDD.
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4. SDD #266 - V1/arner SDD (Sunburst Drive).
This SDD consisted of Lots 3, 4 and 5, Vail Valley 3rd Filing, all three of which have
an underlying zone district of Primary/Secondary Residential. The purpose of this SDD
request was to allow GRFA on one of the three lots (Lot 4) to exceed that which wras
permitted under the Primary/Secondary zoning. In addition, site coverage on this same
lot was also allowed to exceed what would normally be permitted under the
Primary/Secondary zoning. The staff recommendation on this request for the
establishment of an SDD was for denial. To quote from the staff memorandum, "this
SDD is proposed solely to satisfy the needs of the applicant, with little to no benefit to
the community. In essence, the SDD process is being utilized to achieve a density
variance."
The Planning and Environmental Commission (PEC) agreed with the staff's
recommendation, and submitted a unanimous (7-0) recommendation of denial to the
Town Council. Tfie Town Council approved Ordinance No. 11, Series of 1990, on
second reading, establishing the Special Development District by a vote of 4-2
(Steinberg and Lapin opposed). It should be noted that at the Towrn Council's review
of this SDD, the applicant proposed to deed restrict three employee units as a part of
the project. The meeting minutes indicate that the Council was very concerned with
providing additional affordable housing for the community, and felt that with the
employee housing it wras appropriate to approve this SDD.
Overall, the planning staff agrees with the Town Council writh their finding that special
development districts are not appropriate in low density, residential zone districts. However,
we do believe that the Dauphinais Special Development District has been an exception to this
general philosophy. We feel that the Dauphinais Subdivision has been successful and that
the SDD process for this large-scale project enabled the developer to maintain the same level
of density (no additional GRFA) and yet reduce the overall lot sizes so as not to disturb the
steep slopes fronting on I-70. In addition, 6 employee housing units were required.
With regard to low density residential development, staff believes that the variance process is
the appropriate vehicle to utilize for requests involving modifications to the Town's adopted
development standards. We believe that the SDD approach should not be used as a means
to circumvent the variance process, or to achieve density increases for these types of dwrelling
units (i.e single-family, primary/secondary or duplex).
Due to the limited development allowed in the Agricultural and Open Space zone district (a
maximum of one dwelling unit with up to 2,000 square feet of GRFA), the staff believes that
the above philosophy applies to this zone district as well. Additionally, because there is
essentially no development allowed in the Greenbelt and Natural Open Space zone district,
the staff believes it is also not appropriate to allow for the special development district overlay
in this zone district. 1Nith regard to the Parking zone district and the Public Use zone district,
essentially all of the development standards are set by the PEC during their review of a
conditional use permit. It is because of this fact that the planning staff believes there is no
benefit in allowing a special development district overlay in these zone districts. The flexibility
afforded through the conditional use permit review by the PEC already provides for this.
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The staff also believes that any existing Special Development District, regardless of its
underlying zone district, should be "grandfathered" and that the property owner of said Special
Development District should be allowed to proceed through the minor or major SDD review
process.
III. PROPOSED CODE CHANGES
The following is the proposed language that the staff would recommend be added to the
Zoning Code. The specific text amendments are indicated by the shading. .
Chapter 18.40.010 - Purpose
The purpose of the special development district is to encourage flexibility and creativity
in the development of land in order to promote its most appropriate use; to improve the
design character and quality of the new development with the town; to facilitate the
adequate and economical provision of streets and utilities; to preserve the natural and
scenic features of open space areas; and to further the overall goals of the community
as stated in the Vail Comprehensive Plan. An approved development plan for a
special development district, in conjunction with the property's underlying zone district,
shall establish the requirements for guiding development and uses of property included
in the special development district. The:;spectat developme;r?t distr~ct daes noi apply: to;
and ~s no# avarlable in the fal(owin, g zane distric#s Hillsitie Residentiaf;;&ngle; fam~ly
Res~dent:ial, Two Family.ResJdential, Prirnary/Seco~dary Res~denti~l, A~ricultur~l and
Open Space, Green ;BeEt and Na#ural Oper~ SDace, Parking; D~stcict and: Public Use
Districf':
Chapter 18.40.020(D) - Definitions
"Underlying zone district" shall mean the zone district existing on the properry, or
imposed on the property at the time the special development district is approved. The
fallowmg;zone disfricts are ;prohibited fro m special tleveloprnent di.~tricts being usetl; ;
Hillside R'esider~t~al, ;Single Family; Duplex, PrimarylSecondary Residential, RgficultuCall
antl Opeci Space, Greenbelt and'1Vatural Open;Space, Parl~mg ~istrict and Putalic U.se
D istrict.
Chapter 18.40.140 - Existinq special development districts
Nothing in this chapter shall be construed to limit, replace or diminish the
requirements, responsibilities, and specifications of special development
districts No.'s 2 through 21. The Town Council specifically finds that said
special development districts No.'s 2 through 21 shall remain in full force and
effect, and the terms, conditions, and agreements contained therein shall
continue to be binding upon the applicants thereof and the Town of Vail. These
districts, if not commenced at the present time, shall comply with Section
18.40.120, time requirements. (Ord. 21(1988) § 1.)
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2': tUothing; i m thi& chap#er shait be construed to Iirnit, place; or dimrnish'the
requireir~ertts;; respansibjlitles and s~cificaijons aUspec~al, develapmenY d~stricts.
N0 y through 32, regardiess o# the p~qperiies uncierfymg: zc~r~eti~stric#: Saiai
specral de~etopmer~t dis~t~cts shall ba alinwec~ to ~ar.oceed ;thraUg#~ eitt~er the
. .
,
rnino.r ar major special deVelopment cfistrict review pr4ce5s.
OV. STAFF RECOMMENDATaON
The staff is recommending approval of the proposed modifications to the existing SDD
ordinance. By eliminating the possibility of SDD's being requested in certain zone districts,
the staff believes that the SDD chapter would be more in keeping with the original intent of the
SDD ordinance. The specific wording for the ordinance will be refined by the Town Attorney.
A comprehensive overhaul of the SDD Chapter will be initiated by the staff in the next 6-12
months. At that time, the staff will explore the possibility of regulating SDD's according to a
minimum lot size.
Because this proposed change involves a code amendment, a recommendation from the
Planning and Environmental Commission will be fonnrarded to the Town Council during their
review of the final ordinance.
c:\peclmemoslsdd.613
5
J
ORDIOCIR9AWNsE NO. 9
. SERIES OF 9994
AN ORD6NANC~ ~~EN~ING CHAPTER 98.40, SPECIAL DE!lELOPMENT DISTR9CTS.
VVHEREAS, the Town Council wishes to eliminate the application of special development
districts from certain zone districts.
NOW, THEREFORE, BE IT ORDAIIVED BY THE TOUVIV COUIVCIL OF THE TOV1/fV OF'
VAIL, COLORADO THAT THE FOLLOVI/IiVG AMENDMEfVTS SHALL BE MADE TO CHAPTER
18.40:
Section 1
Chapter 18.40.010 - Pumose
The purpose of the special development district is to encourage flexibility and creativity
in the development of land in order to promote its most appropriate use; to improve the design
character and quality of the new development with the town; to facilitate the adequate and
economical provision of streets and utilities; to preserve the natural and scenic features of open
space areas; and to further the overall goals of the community as stated in the Vail
Comprehensive Plan. An approved development plan for a- special development district, in
conjunction with the property's underlying zone district, shall establish the requirements for
guiding development and uses of property included in the special development district. The'
special;developrrnent iiistnet does.not apply to ani~ is nat available an the followin!g zone; districts;;
Mipside :Residential; Single Farnily'. ResidentEal; Two ::FamE1y Residentral, Primary/Secondary
Residential; Agricultural and'Open Space; Green Belt and Natural Open;.Space;'!Parking Drstrict '
and :!Publ~c;;Use ;District:
Section 2
Chapter 18.40.020D - Definitions
"Underlying zone districY" shall mean the zone district existing on the property, or imposed
on the property at the time the special development district is approved. The!:.folfowmg zone:
d~stricts are prohFb?~ed from special development ;d~st~icts berng! used Hallside Residen#ial, 5ing1'e;
FaI'T11lV Di7DlGX, .Pi'1f1'laK:1//SeCOhale7f'V :ReStdPftttai' : Al]riCrilttiml : anri (.:<npr? :qnarP :C;rAwnhwlf ,anr1
.
_ . -
Natural Open Space, Par4c?ng:<Dis#rici and!!Public;Use DistrEC.t.
Section 3
fVothing in this chapter shall be construed to limit, replace or diminish the
requirements, responsibilities, and specifications of special development districts fVo.'s 2
through 21. The Town Council specifically finds that said special development districts
1 Ordinance No. 9, Series ot 1994
.44-
No.'s 2 through 21 shall remain in full force and effect, and the terms, conditions, and
agreements contained therein shall continue to be binding upon the applicants thereof and
the Town of Vail. These districts, if not commenced at the present time, shall comply with .
Section 18.40.120, time requirements. (Ord. 21(1988) § 1.)
2: Nothinql ~Jn mis ctiapter ;shall' !be construetl tQ ,I1(.replace; or dimmish; the
recau~remants, ;respons~b~lities an'd specifi cat!ons of sppc!al dewelopment districcs !No 1:
through ` 32, regardle~s of the propert:underlymg ; zon'e dEstrict S~~d special;
cieveiopment districfs! sha11<be allowed to!,procsed #l~rough eitherthe minor or major special
development distnct !rev,ew process.;
Section 4
Chapter 18.40.140 - Existinq special development districts
If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 5
The Town Council hereby finds, determines, and declares that this ordinance is necessary
and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof.
Section 6
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
dury 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.
Section 7
All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bytaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
2
Ordinance No. 9, Series ot 1994
i
0
IiVTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED OIVCE IN FULL OiV
FIRST READIfVG this day of , 1994, and a public hearing shail be held on this
Ordinance on the _ day of ,.1994, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
READ AND APPROVED OiV SECOIVD READIIVG AIVD ORDERED PUBLISHED this day of , 1994.
Margaret A. Ostertoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\ORD94.9
3
Ordinance No. 9. Series of 1994
a,0RD@NANCE IVO. 91
SEF3VES OF 1994
AN ORD@NANCE MAIC9NG SUPPLEAflENTAL APPROPRI/4T@ON$
FRON1A THE TOWPI OF !/A9L
GE9~~RA1L F4Ji6lDy 'bod'91'ITMb PV'1OWECdS F4.tlNDy
THE REP91L EST6i1TE C R6'4NSFEQ"9 tl 6'Sdi F4JAlD, YiEVD Bo1tlD Ir'0"1oV~~DS F4.YNDy
OF TWG 1394 BUDGET PoND A E-AE FIOtlP1AVVl9'ilt P6.F99CI
FOR THE tl OvYN OF VClILy COLORMDO;
AND AUTHOR0Z0~~ THE EXPENDITURES OF SAlD APPR0PR0ATIONS
AS a3EA FOGL 6 R3 HEA"1GIIItly
AND SE4~IN3, FORTH DETAILS IF9 F3EGARD THEFtETO.
WHEREAS, contingencies have arisen during the fiscal year 1994 w?hich could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance
iVo. 26, Series of 1993, adopting the 1994 Budget and Financial Plan for the Town of Vail,
Colorado; and,
WHEREAS, the Tovun has received certain revenues not budgeted for previously; and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwrise reflected in the Budget,
in accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should
make certain supplemental appropriations as set forth herein.
iVOUV, THEREFORE, BE IT ORDAIfVED, BY THE TOUVIV COUNCIL OF THE TOWiV OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following supplemental appropriations for the 1994 Budget and
Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said
appropriations as follows:
FUND AMOUNT
General Fund $ 147,930
Capital Projects Fund 2,422,050
Real Estate Transfer Tax Fund 753,121
Bond Proceeds Fund 2,631,765
- 5,954,866
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 Towrn Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any 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
1
Ordinance No. 11, Series of 1994
, .
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extend only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
IfVTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED OfVCE IiV FULL OfV
FIRST READIiVG this day of , 1994, and a public hearing shall be held on this
Ordinance on the day of , 1994, at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. fVicCuthceon, Town Clerk
READ AfVD APPROVED OfV SECOND READING AND ORDERED PUBLISHED in full this
day of , 1994.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:10RD94.11
2
Ordinance No. 11, Series of 1994
r
Y
RESOLUTB0N NO. 17
SERIES OF 1994
A RESOLUT0ON ESTe4BL9SHING COND9TIONAL SUPPORT
I~Y THE VA9L TOVI/N COUNCSL
FOR THE PBNEY !lALLElf RANCH TRUS~ LABVD EXCBiANGE.
WHEREAS, the proponents of the Piney Valley Ranch Trust Land Exchange which has
also been referred to as the Lindholm Land Exchange have requested the support of the Vail
Town Council; and
WHEREAS, the proposed land exchange woutd increase the amount of publicly owned
space to the wrest of Vail and ensure that any future development would not be visible from the
Town of Vail; and
VVHEREAS, by giving the eastern most part of the iVottingham parcel to the Forest Service
in exchange for other Forest Service property adjacent to the site, the Elliot stream basin vuould
be made accessible to the public throughout its length which stream basin has value for wildlife .
and for allowing the continuation of a recreational trail in the Vail Valley; and
WHEREAS, this exchange wrould not be inconsistent writh the Land Ownership Adjustment
Plan between the Town of Vail and the U.S. Forest Service which is intended is to discourage
private development through exchanges and encourage public use around the Town boundary;
and
WHEREAS, the Vail Town Council believes that the Nottingham portion of the Piney Valley
Ranch Trust Land Exchange benefits the Town of Vail.
fVOUV, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
1. Tovun Council, based upon available information, expresses its intention, desire,
and expectation that the Town of Vail will support the 335 acre exchange at what is known as the
fVottingham parcel. 2. That said support is conditioned upon the following quatifications regarding development and the other exchange parcels in the Lindholm proposal:
(a) In as much as the Piney Valley Trust does not have any formal development proposal
and no planning or environmental 'analysis on the IVottingham parcel has been completed, the
Town of Vail can not express its support for the development of the site;
(b) In as much as the Town of Vail has not had an opportunity to evaluate the other
proposed exchanges in Costilla County, Sweetwater Lake, Piney Valley, and on the Eagle River,
the Town can not express its support for these exchanges;
Resolution No. 17, Series oi 1994
~
(c) In as much as the Towrn of Avon is adjacent to the iVottingham parcel and no formal
opinion has yet been issued by the Town of Avon, the Town of Vail will respect the opinion of the
Town of Avon on the exchange.
(d) In as much as the fVottingham parcel is located within Eagle County and no formal
opinion has yet been issued by the County Commissioners, the Town of Vail will respect the
opinion of Eagle County on the exchange.
3. That the Town Council hereby finds, determines, and declares that this resolution
is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. That this resolution shall take effect immediately upon its passage.
IiVTRODUCED, READ, APPROVED AIVD ADOPTED this 21st day of June, 1994.
,
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McCutcheon, Town Clerk
C:\RESOL1.194.17
Resolution No. 17, Series of 1994
I
N1[E14~ORANDUM
7['O: Vail Town Council
IFR: Bob McLaurin, Town Nlanager ~
RE: FY 1995 Budget
DT: June 16, 1994
Introduction
The purpose of the memorandum is to outline schedule far the preparing, reviewing and
adopting the 1995 budget. Given the fact that this is the first budget I have prepared at the Town
of Vail, I wanted to also discuss my philosophical perspective on municipal budgets. Finally, I
have articulated the fundamental assumptions on which the FY 95 budget will be based.
Budget Schedule
The scbedule for preparing, reviewing and adopting the budget is as follows. Obviously, the dates
set for the Council review can be adjusted to accom.modate the Council's schedule. The Town
Charter (Article IX) requires the budget be adopted prior to the end of this fiscal year. It also
mandates that a public hearing on the budget be held by the Council no later than thirty (30) days
prior to the close of the fiscal year. This list of budget activities include all tasks required to
complete the budget. The items directly involving the Council action are highlighted bold print.
Activi Date
Meet wet9n Coaanca? ~o duscauss bandget process & parkung ffees 06/28
Complete Revenue Forecasts 07/01
Staff prioritize Capital Projects 07/08
Finish salary spreadsheet 07/08
FY 95 Goals & Performance Measures due 07/15
Report on FY 94 performance measures due 07/15
Departmental Statement of Function due 07/ 15
Revuew saau-vey resaa?ts 07/Il9
Determine Spending Limits 07/22
Coanuacn? revnevv beadlget po?ucfies 07/26
CoOAIIDClll Q'eV9ei"p' (CapE$afl IPQ'llOQ'HgEeS 07/26
Statement of Issues due 07/29
Budget packet to departments 07/29
Finance Director corrections complete 08/19
Departmental Budgets complete 09/09
Departmental meetings w/ McLaurin & Thompson 09/12 - 09/21
Manager's budget complete 09/28
De?uver Bandget go cCoauaucu? Il0/01