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HomeMy WebLinkAbout1994-07-05 Support Documentation Town Council Evening Session , d VAIL TOWIV COUIVCIL EVENiNGa MEETINGi TUESDAY, JULY 5, 1994 7:30 P.M. IN TO!! COIJtVC9L CHe411NBERS EXPANDED A?GENDA 7:30 P.M. 1. CITIZEiV PARTICIPATION. * Proposal by Elizabeth Wilt for TOV to consider a memorial placque to be placed on the Covered Bridge for John and Cissy Dobson and a memorial placque at Crossroads for Chuck Betcher. 7:35 P.M. 2. Consent Agenda: A. Approval of the Minutes of the June 7, 1994, and June 21, 1994, Vail Town Council Evening fiAeetings. B. Ordinance No. 9, Series of 1994, second reading, an ordinance amending Chapter 18.40, Special Development Districts. Applicant: Town of Vail. C. Resolution No. 9, Series of 1994, a resolution releasing a Title Restriction on Lots 1 and 2, Block 1, Lionsridge Subdivision, and permanently Restricting Site 4, Casolar Vail, Fourth Filing, from all development. (Request to table indefinitely.) 3. Ordinance No. 11, Series of 1994, second reading, an ordinance making supplemental 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 Towrn of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. 7:45 P.M. 4. Ordinance No. 10, Series of 1994, first reading, an ordinance amending Chapter Mike Rose 18.52, Off-Street Parking and Loading. Action Requested of Council: Approvetdenylmod'rfy Ordinance No. 10, Series of 1994, on first reading. Backqround Rationale: Council discussed Ordinance No. 10, Series of 1994, during VUork Session this date. The ordinance wrould establish an off-street parking fee of $15,000.00, up from $8,595.00. The increase is based on the actual cost of a parking stall built in the area. Staff Recommendation: Approve Ordinance No. 10, Series of 1994, on first reading. 8:30 P.M. 5. Ordinance No. 12, Series of 1994, second reading, an ordinance repealing Section Tom Moorhead 9.56 - Concealed Weapons and 8.24.030 - Discharqinq Firearms of the Town of Vail Municipal Code and enacting Chapter 9.56 - Offenses Relatinq to Weapons, Criminal Attempt, and Complicity and Amending Ssection 1.01.100 - Violations and Punishment. Action Reauested of Council: Approve/deny/mod'rfy Ordinance No. 12, Series of 1994, on second reading. Backqround Rationale: This ordinance establishes comprehensive regutations concerning weapons, criminal attempt, and complicity. Staff Recommendation: Approve Ordinance No. 12, Series of 1994, on second reading. 1 Q 9:30 P.M. 6. Ordinance No. 14, Series of 1994, first reading an ordinance amending Chapter Andy Knudtsen 18.57, Employee Housing, and setting forth details in regard thereto. Action Requested of Council: Approve/deny/modify Ordinance iVo. 14, Series of 1994, on first reading. Backqround Rationale: Council discussed Ordinance No. 10, Series of 1994, during Work Session this date. Council directed staff to tighten the language in the Employee Housing Ordinance to make it more effective. Staff believes the proposed language fuffills this goal. On 6/13/94, the PEC voted 7-0 recommending approval of the changes. The memo and minutes from that meeting are attached for CounciPs informat+on. Staff Recommendation: Approve Ordinance fVo. 14, Series of 1994, on first reading. 10:00 P.M. 7. Resolution fVo. 16, 1994, a resolution authorizing the Town of Vail to rent a safe Christine Anderson deposit vault at the First Bank of Vail and authorizing certain officers to sign a lease therefore, to terminate the lease, to surrender the box, return the keys, and release the bank from any liability in connection therewith. Action Requested of Council; Approve/deny/modify Resolution No. 16, Series of 1994. Backqround Rationale: The resolution will update Resolution No. 19, Series of 1990, to incorporate new employee names. The bank w?ill not accept the "or his successor" language. They need this new resolution naming Robert W. McLaurin and Steven J. Thompson specifically. Staff Recommendation: Approve Resolution No. 16, Series of 1994. 10:05 P.M. 8. Town Manager's Report. Bob McLaurin 10:30 P.M. 9. Adjournment. NOYE UPCOiU11NG MEETING STARY TIIIAES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) ~ ~ ~ 0 4D 0 0 TFIERE 1fl/9LL BE A SPECIAL WOFiK SESSIOfV ON VVEDNESDAY, JULY 6, 1994, BEGINNING AT 3:00 P.M. AT MANOF3 VAIL, 595 EAST MEADOW DRIVE. 1'HERE UlIILL BE BVO VAIL TOlNN COUNCIL WOFiK SESStON ON TvESDAY, 7/12/94. THE NE}tT VA8L TOWF! COUNCIL REGULAR WOR9C SESSION !AliLL BE ON TUESDAV, 7/19/94, BEGIiVNING AT 2:00 P.M. 6N TOV COUNCIL CHAIVIBEFiS. THE NEXT VAIL TOWN COUNCIL FiEGULAR EVENiNG AAEET9NG lMIL.I. BE 0N 7UESDAY, 7/19/94, BEGIIVNIiVG AT 7:30 P.M. Ild TOV COUNCIL CHAMBERS. ~ ~ ~ • ~ • ~ C:VIGENDA.TCE 2 e - Ce,c.~ wl ~ i~u- , C~r~z~rJ /~A~ficipSlTivn/ A ~ • ` June 14th, 1994 Town Council 75 S. Frontage Road Vail, CO 81657 Dear Sirs: I am requesting the opportunity to make two (2) Proposals for the Town's consideration at the July 5th Town Council Meeting: 1) A memorial plaque be placed on the Covered Bridge, naming it the "John and Cissy Dobson Memorial Bridge." John and Cissy did so much for the deve1opment of Vail; not only was John the mayor, but Cissy was partially responsible for the existence of the Vail Interfaith Chapel, etc., etc. Having been a Vail Valley resident since 1969, I was wit- ness to many of their contributions throughout the years. 2) A memorial plaque (or perhaps a small statue of a figure climbing a mountain with a small plaque underneath) be placed at Crossroads in the center of the benches where people frequently gather for lunch, just outside of the movie theater, in memory of Chuck Betcher. I thank you in advance for your consideration. Sinc rely, E1i eth Wilt i H & K Managemegat Co. - ~ , Vail Professional Building , 953 South Frontage Road W. f~ Vail, Colorado 81657 V~~) 4~)~ t`~ 44 ; ~ _ ; o MINUTES VAIL TOWN COUNCIL EVENING MEETING TUESDAY, JUNE 7, 1994 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 7, 1994,- in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Sybill Navas Jim Shearer Tom Steinberg Jan Strauch MEMBERS ABSENT: Peggy Osterfoss, Mayor Merv'Lapin, Mayor Pro-Tem Paul Johnston TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Mary Caster, acting on behalf of Holly McCutcheon, Town Clerk The first item on the agenda was Citizen Participation. The Council had received in their packets, a proposal from Rachel Lenz, representing Bravo! Colorado,.requesting permission to place a cart in Vail Village or Lionshead to sell Bravo! tickets during the summer. Pam Brandmeyer stated that she had talked to Rachel on the phone earlier and had informed her that it was against Town of Vail ordinances to permit the cart, but felt that she had given her some other options.to pursue. . Also under Citizen Participation, Colleen McCarthy, a resident of West Vail, addressed the Council regarding an article that recently appeared in the Vail Vallev Times regarding lack of involvement of the West vail neighborhood in the Vail Commons process. Bob Mclaurin stated that West Vail would be included on project team that will be working on the project. Bob also stated that public meetings will be scheduled to receive input on the subject. The next item on the agenda was the approval of the Minutes of the May 3, 1994, and May 17, 1994, Vail Town Council Evening Meetings. Jim Shearer made a motion to approve the minutes as written and Jan and Strauch seconded the motion. A vote was taken and the motion passed unanimously. The next item on the agenda was the first reading of Ordinance No. 12, Series of 1994, an ordinance repealing Section 9.56 - Concealed weapons and 8.24.030 - Discharqinq Firearms of the Town of Vail Municipal Code and enacting Chapter 9.56 - Offenses Relatinct to Weapons, Criminal Attempt, and Complicitv. Ken Hughey, Chief of Police, presented the ordinance to the Council, stating the intent of this ordinance was to prohibit the possession of dangerous or deadly weapons including posession within bars or liquor stores. Ken stated that this ordinance was similar to legislation passed by the Town of Breckenridge in 1981. There was some discussion regarding the possibility of limiting sales within the Town of Vail, such as Gart Brothers. Tom Moorhead, Town Attorney, stated it would probably be unconstitutional to limit sales in stores such as this. There was much discussion following relating to the problem of people having guns in their houses and not knowing the problems of how firearms work. The possibility of safety classes being enforced on people prior to buying firearms, much like the hunter safety classes currently in place was discussed. It was suggested that purchasers could be required to obtain a license prior to obtaining a firearm at a cost of $500 -$1000. The - question was raised as to the curing time it takes to be able to obtain a firearm. Ken Hughey stated he believes it is all done instantly through computers. He felt this was a national search, but would research the matter to be sure. Buck Allen, Municipal Judge, stated that as the law is currently written, if a person walks into an establishment with an exposed weapon, it is not illegal. This ordinance would prohibit such conduct. Police now cannot act until a weapon is concealed. Tom Moorhead stated that the combination of alcohol and weapons are addressed as violations within this ordinance. Jim Shearer questioned how a gun dealer determines if person is under influence. Tom Moorhead stated that the same standards as used by bartenders and bar managers relating to smell of alcohol, appearance, good sense of time and place would be determining factors. Age restriction of firearm purchase was also discussed. Ken Hughey stated he would check on this before second reading. Sybill Navas stated she would like to see the ordinance more stringent if possible and would like Tom Moorhead to research further. Tom Steinberg asked if there was any age restriction on purchasing of a gun in the State of Colorado. Tom Moorhead stated he was unaware of such a law, but would look into it. Jim Shearer stated he would like to see a local law requiring a commercial business license to sell firearms and a commercial address, to prevent tailgate selling of guns, if it is legal. Jim Shearer also expressed his concern on allowing the Division of Wildlife to f.ire M15's (firecrackers) in town to scare bears away, alarming people in town who may think guns are being fired. Jan Strauch expressed his concern for more education on firearms use. Tom Steinberg stated that along with the drugs and alcohol, individuals suffering from mental disorders should be included within the list of reasons to preclude selling to individuals. Tom was asked to research this also. Tom Moorhead stated that the one outstanding issue that still needed to be addressed was the penalty issue. The present penalty for carrying a concealed weapon is up to a$999 fine and/or incarceration not to exceed 180 days. There is another provision of a lesser penalty, that being up to $499 and a 90 day fine. Buck Allen stated that during the time he has been here, the fine range has been $0 -$300 and 0- 90 days in jail. As the municipal courts have gained in standing throughout the state and through the state legislature, the fine level has been raised to the current level as Tom stated. Being a home rule municipality, the Town of Vail can set the, fine ranges. Judge Allen felt the fine provisions for carrying a concealed weapon should be the maximum range. He also suggested raising the general penalty for all ordinance violations to the $0 -$999, 0- 180 days in jail range. Tom Moorhead stated that the general penalty section of the code could be amended to reflect this. Judge Allen stated that discussions have been held in conjunction with the Vail Police Department to update the criminal code and he would be addressing the Council regarding this matter. Jim Shearer asked for the record, how long the Town had been working on this ordinance. Ken Hughey stated that his department had been working with the Town Attorney for approximately 2-3 months. Jim thought this needed to be clarified, due to recent actions occurring at the Town of Vail. Jim Shearer made a motion to approve Ordinance #12, Series of 1994, on first reading, to include amending general penalty section as suggested by Judge Buck Allen. The motion was seconded by Sybill Navas. Tom Steinberg asked Tom Moorhead to research whether this precluded including automatic weapons before second reading. A vote was taken and the motion passed unanimously. 'rhe next item on the agenda was the first reading of Ordinance No. 13, Series of 1994, 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. George Ruther, Community Development, presented the ordinance to the Council, stating that the intent for addressing changes were, 1) to reduce the site disturbance on steep lots, and 2) to streamline the development review process. The ordinance establishes new procedures for measuring the slope of a proposed development site and permitting retaining walls six feet in height in the front setback when associated with a permitted garage or lots having 300 or greater slopes. DRB approval will still be required for design and the aesthetics of the walls. Staff is preparing a policy statement to explain the change per Jim Shearer's request. Jim Shearer stated that several varianCes have been approved in the past and expected more would be requested as there are fewer lots left for development in the Vail area and felt this would be acceptable. Jan Strauch made a motion to approve Ordinance No. 13, Series of 1994, on first reading and Jim Shearer seconded the motion. Tom Steinberg asked Kristan Pritz, Community Development Director, how many more lots would require this approval. Kristan stated that no actual analysis had been done, however, there were 2 variances pending. She felt that there will possibly be a number of these requests coming to the Town for approval. Kristan emphasized that the Town is not automatically requiring a 6 foot wall, as there are instances where a 4 foot wall would be sufficient. This is not meant to encourage 6 foot walls. Tom Steinberg expressed his concern regarding architect's concept of design in these areas and suggested using only Colorado licensed . architects, or architects experience in graded slopes, for these purposes. Tom Moorhead, questioned whether the review of the plan would show the slopes in question and would require the Planning Department to review the plans to ensure that the concern was being addressed.. Kristan Pritz stated that the town engineer is very aware of these concerns, as is the Design Review Board and a professional engineer is required for preparation of the foundation. Jan Strauch amended his motion to include Kristan's comments. Jim Shearer seconded the amended motion. A vote was taken and the motion, as amended, was approved unanimously. The next item on the agenda was Resolution No. 15, Series of 1994, a resolution setting fees for revocable right-of-way application and permits. After some discussion, Jim Shearer made a motion to approve Resolution No. 15, Series of 1994. Jan Strauch seconded the motion. A vote was taken and the motion passed unanimously. The next item of the agenda was a change request for Vail Golfcourse Townhomes Hazard Zone change request (Sunburst Filing #3 on Sunburst Drive). Kristan Pritz presented the request to the Council, stating that the Homeowners Association had requested this change to alleviate the need to come to PEC piecemeal to get approval for various changes to their condominiums. The Association believed this to be more cost effective in the long run. Art Mears was hired by the Association to due a site specific survey on each unit, as outlined in the staff inemo of June 7, 1994, in which some of the units had been placed in a red hazard area, where they had not been prior to the survey. Bill Sargent, representing the applicant, had not yet arrived, so it was decided to go the item #7 on the agenda, Town Manager Report, until his arrival. Bob McLaurin stated that the Police Department was in the process of moving into its new addition and the existing Police Department headquarters were being renovated. Completion of this phase is ~ expected to be done by early September. There was discussion regarding the covering of the west end of the Municipal Building, as part of the expansion. Council adjourned to take a look at the proposed coverings to the building. Bill Sargent arrived at the Council meeting and discussion resumed regarding the Vail Golfcourse townhomes. There was discussion regarding being able to rebuild in red hazard areas should some catastrophe occur, such as a fire, that would wipe out the existing building. Tom Moorhead researched the question, and stated that an owner would be able to rebuild the existing unit as originally built. The unit would not be able to be added onto and the current building code would need to be adhered to. Bill Sargent stated that homeowners had discussed the fact that some units were now in the red hazard area and agreed to take their chances and live with the situation. It was suggested by Council that the Town have its own study done for liability reasons. Tom Moorhead stated that that seemed reasonable if it would put the Council more at ease. He stated that Art Mears has been used extensively over the years and is an expert in Colorado. After more discussion, Jim Shearer made a motion to approve the change request based on a study by Art Mears, with the exception of Unit 55 as per staff recommendation, that study to be kept on file in the Community Development Department. Jan Strauch seconded the motion. A vote was taken and the motion passed unanimously. The Council then resumed with the Town Manager Report. Bob McLaurin stated that he was currently working on the 1995 Budget and would have a report at the June 21st meeting. He also stated that the Resident Surveys were being returned to the Town and were being processed by the Community Relations Department and directed staff to amend the Hazard Map. It was felt that some items on the survey needed more clarification. Jim Shearer asked Tom Moorhead to explain the gag order recently issued in the Bob Mach case. Tom Moorhead explained the actions leading up to the gag order. Jim Shearer then made a motion to adjourn to Executive Session. Sybill Navas seconded the motion. A vote was taken and passed unanimously. The meeting was adjourned to Executive Session at 9:30 P.M. Respectfully submitted, Thomas Steinberg Acting Mayor ATTEST: Pamela A. Brandmeyer, Acting Town Clerk Minutes taken by Mary A. Caster I C:\AGENDA.TC Q " o ~ MINUTES VAIL TOWN COUNCIL MEETING JUNE 21, 1994 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 21, 1994, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:30 P.M. MEMBERS PRESENT: Peggy Osterfoss, Mayor Merv Lapin, Mayor Pro-Tem (arrived at 7:32 P.M.) Sybill Navas Jim Shearer Jan Strauch MEMBERS ABSENT: Tom Steinberg Paul Johnston TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager Holly McCutcheon, Town Clerk The first item on the agenda was Citizen Participation, of which there was none. Second on the agenda was 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. Mayor Osterfoss read the title in full. George Ruther explained a draft policy statement was included in Council's packets which was requested by Council at the June 7, 1994 evening meeting. George also explained the purpose of the policy statement was to layout the history behind the amendment to the ordinance, as well as to clarify the intent of the proposed changes to the ordinance. A motion was made by Tom Steinberg to approve Ordinance No. 13, with a second by Jim Shearer. A vote was taken and the motion passed unanimously, 5-0. Item No. 3 was Ordinance No. 12, Series of 1994, second reading, an ordinance repealing Section 9.56 - Concealed Weapons and 8.24.030 - DischarQing Firearms of the Town of Vail Municipal Code and enacting Chapter 9.56 - Offenses Relating to Weapons, Criminal Attempt, and Complicity. Mayor Osterfoss read the title in full. Tom Moorhead requested Ordinance No. 12, Series of 1994 be tabled to allow him to review a recent state supreme court decision which held that reasonable ban on assault weapons was constitutional. Council discussed such items as self defense, jail time and penalties. Jim Shearer moved to table Ordinance 12, Series of 1994 until the July 5, 1994 evening meeting, with a second from Merv Lapin. A vote was taken and the motion passed unanimously, 5-0. Item No. 4 was Ordinance No. 9, Series of 1994, first reading, an ordinance amending Chapter 18.40, Special Development Districts. Mayor Osterfoss read the title in full. Mike Mollica explained Ordinance No. 9 came about as a request from the Council to eliminate the following districts from having the ability to apply for a Special Development District: Single Family, Two-Family, Primary/Secondary and Hillside Residential. Mike stated staff recommended including Agricultural Open Space, Greenbelt Open Space, Parking and Public Use as districts unable to have the SDD overlay. Mike explained that three existing SDD's had underlying zoning that is Primary/Secondary, SDD #13, #22, and #26B, which would be "grandfathered" and would be allowed to request a minor or major amendment to the SDD in the future. Mike further stated staff and Planning Commission recommended approval of Ordinance No. 9. Discussion began with Tom Steinberg and Merv Lapin suggesting deed restricted employee housing units be published in the newspaper. Discussion continued with members and staff addressing details of the proposed amendment to SDD's, possible processes and qualifications. A motion was made by Tom Steinberg, with a second from Merv Lapin to approve Ordinance No. 9. A vote was taken and passed unanimously, 5-0. Item No. 5 was Ordinance No. 11, Series of 1994, first reading, an ordinance making supplemental 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. Mayor Osterfoss read the title in full. Steve Thompson handed out a detailed list of expenditures and added that on the 2nd page additional dollars needed to finish projects were marked with an "ADD." Steve also stated the planting of Potato Patch would be taken out of the Real Estate Transfer Tax fund, as maintenance of open space. Mayor Osterfoss asked if the Town owned that property and Steve stated the property was not owned by the Town. Mayor Osterfoss then requested the Potato Patch Planting item be taken off the supplemental. Bill Wilto communicated concerns from the real estate community as to the use of Real Estate Transfer Tax 1 Vuil Town Council Evening Meeting Minutes 1217/93 -.r . ~ . ~ funds. Merv Lapin moved to approve Ordinance No. 11, as amended, with a second from Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. Item 1Vo. 6 was Resolution No. 17, Series of 1994, a resolution establishing conditional support by the Vail Town Council for the Piney Valley Ranch Trust Land Exchange. Mayor Osterfoss stated the applicant had requested the tabling of the Resolution. Merv Lapin moved to table Resolution No. 17 to the August 2, 1994 evening meeting, with a second by Tom Steinberg. Bill Wilto suggested when Council next considers Resolution No. 17, it be very specific as to the reasons for supporting the land exchange. A vote was taken and the motion passed unanimously, 6-0. Item N0. 7 was a report by the Town Manager. Bob McLaurin discussed the following items as included in his memo to Council: Park City Visit, Alpine Design, Main Vail Roundabout, Covered and Chapel Bridge Projects, and the Employee Forum. Additional items of discussion included: Jan Strauch suggested sending a formal "Congratulations" to the Vail Valley Foundation from the Town of Vail for obtaining the '99 World Alpine Championships, and Peggy indicated the Town should also send letters of thanks to those individuals that met with the delega,tion. There being no further business, a motion was made by Jim Shearer to adjourn, with a second by Jan Strauch. The meeting was adjourned at approximately 8:45 P.M. Respectfully submitted, Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk Minutes taken by Holly L. McCutcheon 2 Vail Town Council Evening Mee6ing Minutes 12t7/93 w ORD9NAiVCE NO. 9 . SEFiIES OF 1994 AN OFiD1N,4NCE AflAENDING CFIAPYER 18.40, SPEC9AL DEilELOPiiAENT DIST'RICTS. WHEREAS, the Town Council wishes to eliminate the application of special development districts from certain zone districts. NOW, THEREFORE, BE IT ORDAINED BY THE TOWIV COUIVCIL OF THE TOWIV OF VAIL, COLORADO THAT THE FOLLOWING AMENDMENTS SHALL BE MADE TO CHAPTER 18.40: - Section 1 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 newr 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 development district does not apply to and is not available:in the:following:zone districts:, Hillside ; ResidentialSingle:; Family Residential; Two Family Residential, Prim'ary/Seconciary Residential, Agricultueaf;and Open Space;'Gr.een Belt and Natural:Open Space, Parking;District and Public 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<:folloviring: zone: districts are Prohibited from special;development districts;6eing; used Hillside ReSidential.5ingle; . . Family; Dupleu;. PrimarylSecondarv Residential. Aaricultural and: Oaen: Space, Greenbelt_:an'd Natural Open::Space;; Parking;District and Pu61ic' Use District. Section 3 - 1; 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 1 Ordinance No. 9, Series of 1994 v A No.'s 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: Nothing in this chapter ; shall be construed fo;;;limii„ replace or, diminish , the requicements, responsibilities and specifications of'special development districts' No: 1 through 32, regardless:. of ttae properties" underlymg zone' d?strict > Said ;special. development districts shall;be allowed: to proceed through eitherthe;minor or;major spscial development 'district review 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 bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. 2 Ordinance No. 9, Series ol 1994 6- . INTRODUCED, READ, APPROVED, AIVD ORDERED PUBLISHED ONCE IN FULL ON 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. McCutcheon, Town Clerk READ AiVD APPROVED ON SECOIVD READING AIVD ORDERED PUBLISHED this day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD94.9 3 Ordinance No. 9, Series of 1994 RESOLUT@OIV NO. 9 SEF39ES OF 1994 A RES09-UT80N RELEASINC ATCTLE RESTRICTION ON LOTS ~ AND 2, BLOCIC 1, LBONSFiIDC;E SIIBDIVISIOIV, i'9ND PERAtltlY1AtlEOC7111LY RESTRI\./TIItlG SITG4, li0'1JOL/'1P7 tl/'1ILy FoVR9lfll F'6.IItlt:9y IFROM ALL DEVELOPIV9ENT. NVHEREAS, there is presently a one thousand tvvo hundred twrenty (1,220) square foot unfinished basement in the existing residence Iocated on Lots 1 and 2, Block 1, Lionsridge 4th Filing (hereinafter "Anderson residence") wrhich is presently permanently restricted as uninhabitable space as set forth in the Title Restrictions attached as Exhibit A; and VVHEREAS, Todger Anderson and Mary Ellen Anderson, owners of the Anderson residence, desire to convert the unfinished basement level space to living area (GRFA); and VVHEREAS, the Town Council believes it will benefit the public health, safety, and welfare to restrict all development of Site 4, Casolar Vail (hereinafter "the property") by permanent title restriction thereby creating open space. iVOV1l, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Title Restriction dated December 21, 1990 on the Anderson residence is hereby released. 2. The heretofore unfinished space may be converted fo living area (GRFA) only if a GRFA variance or Special Development District is approved for the site; 3. There shall be entered into Title Restrictions on Site 4, Casolar Vail, eliminating all development on the site and creating a permanent open space parcel prior to submitting an application for an SDD or a variance application. 4. This resolution shall take effect immediately upon its passage. IfVTRODUCED, READ, APPROVED AND ADOPTED this day of , 1994. Margaret A. Osterfoss, fVlayor ATTEST: Holly L. iVlcCutcheon, Town Clerk c:wESOwsa.s Resolution No. 9, Series of 1994 ORDINANCE NO. 11 SER6ES OF 1994 AN ORD@Ne4NCE MAICINIG SUPPLEIVIENTAL APPROPR1ATIONS FEiOftA THE TOVUN OF VAiL GENERPo1~ FU1VDy bd'iPIT@'416. PPl~~ECTS F0.21tlDy TIrD~ ~EAL ESTATE II RAAtlJrER 0 hh~\A FVltlDy i`YGtlD BO1lD PROlrEGDS FU19Dy OF THE 1994 BIJDCaET AND TIiE FINAfVCIAL PLAN IrOR 1161E TOtlYN OF tlMILy COLOR71'1DOy 64ND AU0 O--tlV'R'ZIatlG Ttl-EG GAPENDI9 iJRES O6- J6°!ID NYPPROPS'f'/'9 0 IOCVS a'1S SG II FOR1 fd L7E6LGIA`ay d'ROG1~ ~ETnNG FOR0 0-tl DEA F4ILJ IN AlEGliRD THGRE0O. VVHEREAS, contingencies have arisen during the fiscal year 1994 which 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, 1iVHEREAS, the Town has received certain revenues not budgeted for previously; and, V1lHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise 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. fVOVV, THEREFORE, BE IT ORDAIiVED, BY THE TOVUN COUiVCIL 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 $ 147,180 Capital Projects Fund 2,432,050 Real Estate Transfer Tax Fund 735,121 Bond Proceeds Fund 2,631,037 5,945,388 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 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 oi 1994 . revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylavvs, 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. IIVTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IIV FULL OIV FIRST READING this 21st day of June, 1994, and a public hearing shall be held on this Ordinance on the 5th day of July, 1994, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vaii, Colorado. Margaret A. Osterfoss, Niayor ATTEST: Holly L. McCuthceon, Town Clerk READ AND APPROVED OiV SECOND READIIVG AND ORDERED PUBLISHED in full this day of , 1994. Margaret A. Osterfoss, IVlayor ATTEST: Holly L. AncCutcheon, Town Clerk C:10RD94.11 2 Ordinance No. 11, Series of 1994 • ,A ~~AFT ORDINANCE NOo 10 AN ORDBNA6VCE ANAENDIFBG CF9APTER 18.52, ~~F-STREET PAE81CIldG AND LOADSNGa WHEREAS, the current parking fee 4o be paid by any -owner or applican4 in lieu of providing parlcing on their development site is curren4ly inadequate to create additional parking spaces or to provide for proper maintenance; and lNHEREAS, the Town Council uvishes 4o increase the fee so 4ha4 additional off-s4ree4 par6cing and loading facilities can be planned in the fu4ure. iVOW, THEREFORE, be i4 ordained by the Town Council of the Town og Vail, Colorado that the follouving amendmen4s shall be made to Chapter 18.52 of the Vail Municipal Code: Section 1 18.52. y 60 6.2. The parking fee to be paid by any owrner or applicant shall be determined by the Town Council provided in no event shall it be less 4han $1000.00 per space, and in addition, that owners or appticants similarly si4uated shall be trea4ed equally. ' , applir.at+e;;. ' 18.52.160 6.3. is hereby repealed in i4s entirety. 18.52.160 13.5. The parking fee 4o be paid by any owner or applican4 is hereby determined to be $15,000.00 per space. This fee shall be automatically increased annually by the percentage the Consumer Price Index of the City of Denver has increased over each successive year. Section 2 This ordinance shall apply to all development applications submitted fior Design Review Board and Planning and Environmental Commission review after June 22, 1994. 1 ordinanae No. 10, sories ot 1994 ~ All applications submitted prior to this date shall be assured a parking fee of $8,594.40 per space. 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, serrtence, 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. . 2 . Ordinance No. 10, Series oi 1994 .9 R 'INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ORI FIRST READIftIG 4his day of . 1994, and a public hearing shall be held on this Ordinance on 4he day of . 1994, a4 7:30 p.m. in 4he Council Chambers of 4he Vail Municipal Building, Vail, Colorado. Margare4 A. OsterYoss, Mayor ATTEST: r Holly L. iVlcCu4cheon, Town Clerk READ AND APPROVED ON SECOND READING ,4iVD ORDERED PUBLISHED this day of 01994. Margaret A. Os4erfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:10RD94.10 3 omma„oa No. 10, saries of 1994 . ~ ORDINe41VCE NO. 12 SERIES OF 1994 AN ORD9NANCE REPEe4LIfVG SECTION 9.56 - CONCEALED 41VEAPONS AN9D SECT10N 8.24.030 - DISCFIARGIPIG FIREARMS OF THE TOWN OF VAIL IUIUNiCIPAL CODE AIVD ENACTIING CIiAPTER 9.56 - OFFE&tlSES RGLA&I0@Oi] 0O YV GP1PO0lJy VRIIYIINML 9Y C tlEIYIPT, /'9A~D CoMPLICIA tt, AND AnAEBVD8N~'a SECTI0N 1.01.100 - V90Le4TIONS AIVD PUnIISHMEIVT. VIIHEREAS, it is incumbent upon Town Council to provide for the public peace, morals, health and welfare; and WHEREAS, there are issues concerning uveapons, conduct that constitutes criminal attempt, and complicity that are not presently addressed in the Municipal Code of the Town of Vail;::And ~1f : HEREAu, all:#~ffen&e~ ~h-t[t hau;~ th~ ~e ggn~r~l ~r~~{#y Ur~less~~erwrise SpeCifieti NOVV, THEREFORE, BE IT ORDAIfVED BY THE TOUViV COUNCIL OF THE TOUVIV 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 WEAPONS 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 vvithin the limits of the Town; pFavided, , pe4vi~ied, g ;cc~ntain~d 4r~; 1h~s ~e~t,o~ sh~,aIl ba;,~a~trNed:~o Appty to pers.r~s r~g ar disci~a~gf~g swch;Weapar~s j rt de~ense o~f ~ersizti;;a;~;<prop~riy< . 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 Touvn 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. 1 Ordinance Na. 12, Series of 1994 ' 9.56.030 - ILLEGAL VVEAPOfVS, 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, nunchaku, or brass or metallic knuckles. s#ase~ 9.56.040 - UiVL4UVFUL CONCEALMEiVT OF DEADLY UVEAPOfVS. 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 uveapon in question about the person, or within his immediate reach, in such a manner as to be either completely hidden from view or partially hidden to such an extent 4hat another person making normal contact with that person cannot ascertain the true nature of the weapon. C. It 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 af 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 weapon by an official lawfully authorized to issue such permit, and the uvritten permit states that it shall be effective in all areas of the State; or • , , amende&,-GF Carrying a folding-type knife with a blade not exceeding three and one-half inches (31/2") in length. 9.56e050 - POSSESSION UVITHIfV LICENSED PREMISE& OR ON FU$t:(C PROPER7':`: PUB~.l~ P'~~KS 4Fi IP~ I?IJE~~:fC ~3U~i;:d1~C~~. 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 aRy dangerous or deadly weapon, whether concealed or not, while on the premises of such establishment. 2 Ordinance No. 12, Series of 1994 It s#~all k~e uMIrfut fat any;persor~ ent~ring un any p:ka~i~c proper~r, pu€bl~c ~arf~s . , . . ~r .;~:.;:ubl~c::bu~(d~ng:~ ~nc~ud~~ ng fi~ov~rt of 1t~El ~i.rr~tm~strat~~~ ~ffices;, fiF~e #'uk~l~c Ubrarthf?~a~li~ o!; s p~rtment, arty s~hc6ol, hasprYa[; pdst ~ffi~e, or othet publ1c fiql~~r t~.;pt>ssess o~ ~arry ar!d~spl~y,'~ny c~~gerous ar ~deatlly vue~can; wrie~h+~r ~dnce~led ar nafi~ wt~~te ~rti sv~h; pr~m,ses,; C. It shall be an affirmative defense to a charge of possession or carrying a dangerous or deadly weapon 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. D. It shall be an affirmative defense to a charge of possession or carrying a dangerous or deadly weapon under this Section that the person is in that person's own dwetling 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 - SELLIiVG VUEAPONS TO INTOXICATED PERSONS 0:13::>::::P:EF3S'ON~ SUFFERING FRQ:M A MENTRL.DISEASE;:OR D:EFE C.T. 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 d a n g e r o u s d r u g or glue ar #o any p;erson ;s~€f~ring frt~rn a merttai d.isea5i~ s~r de~ec~ as de##ned ir~ Se~tio~ 16 81{1;1 of ttie Cofora,cio Revised Stat~tes, as arnended, wha preser~s a c~anger 9.56.070 - EXCEPTIOIVS. . iVothing 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, a~ d~fir~~ectipn i;~01 of; th~e Gploradp R~vi~ed ut~tut~s; ~s ~rn~ii;d~d; from carrying, wearing, or using such weapon as shall be necessary in the proper discharge of his duties so long as such weapons have been issued or approved by their supervisor or superior officer ard theyz re wjthin th~ coUr~e ;a.nI p~ pf tfh~Er offiCe cir ~ositiar~. 9.56.080 - 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 declared to be contraband and shall be forfeited to the Town upon a conviction resulting from such use or possession. 3 Ordinance No. 12, Series of 1994 9.56°090 - DISPOSITIOiV OF COfVFISCATED VUEAPONS. It shall be the duty ofi every peace officer, upon making an arrest and taking such a vueapon, 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 weapons forfeited pursuant to ordinance by destruction or retention for Department use in accordance with procedures and regulations of the Police Department. 9.56e100 - CRIfViINAL ATTEMPT. A. A person commits criminal attempt if, acting with 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 betieved them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused. B. A person who engages in conduct intending to aid another to commit an offense commits criminal attempt if the conduct would 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 otheruvise prevented its commission, under circumstances manifesting the complete and voluntary renunciation of his criminal intent. 9.56.110 - COfVIPLICITY. 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. ~Q~~ion>3 socti~rt'~:0 ~:i0d shaCl k~~ arr~+~nde~d ~s f.llows;; y:, It is dntauuful for any iperson t4 uEO[ate an~ ~aroursiort; or to farl ta mr~pl' wtth any af; the u~rements ;af th~- code. l~n;l~ss ot#~~ruv~s~ spec~ftcal;l~r prouided any perscrn eighieen ye~r,s ~f a~e ~r o~der r~to.a,ng any ef-~e o# the ~~n~~ 4 Ordinance No. 12, Series of 1994 ~ad~ a ;f~r~e of;r~ot ;be p~,d b e mo~e t(Ian n~rt~ hundred. 6y t :rirr+~tl c~ltars, ~r b t~ y raar~ r~ot ta ex~~rte; , : > . . ~ . hun~r~d e~gl~ty d~ys <Orby bath:sueh f1r~e and mc~r,c~r~~a~. . ; . ; < • _ , : . . . - :..7 ' ; . ; . . . , . . . . . 3 . . -XXX ...........::...::::a':;.y.,y.; . r ~ . X:~i. . . . . ~ . ~.s , . . . . ~...:.::;.::vt. : ::c;y~: . _n. ~ . ~ : . ~ . . . ~ ' . ..:c: . . . . ~ : . Any p~e~s~n i~r~~i~r e~g~~een ye;ars df s; c~r~v~~fie~ v; rata~r~g an~ ~row~~a~ ~f fi 6A.Xg >:;:p ; k~e ~t~i~k~.~y fine . ; > : ofi Mot ~te t~~n . . . r~~~e h~r~dr~~r~eiy €~#ne ~dllars,. ~r~~ persar~ uhc1 e~ ~he a~e ~f ei~htee~ Ve~rs,at age c~~V` I cted o~ vial~t~~c~: ~n~ : > prs~:~n ~fi the ~Qdel Tra~~ ~ode ad+apt~d by S~t~an hereim r~ay be pun~she'd b~ f~ne ~i0t mare tl~ar~ tt~t~~,~dre~d dall~s ar byIncargern~t ~.:~'.e~`ir.eS'i~ ~~i;lj-.l~ ~Q:Y~'uf VFl :1.~~ bbth $~~.r~ (~7~IG :~I I~~SGI.[~~i6{RL~V~. l'11ty.su~~ Q~~~'uVll,. si~~ ~.:o ll be guy; of : ~ s ;~rat~ o~er~se far ~ arttl every. ~~y ~u~~;r~g $r~y ~qr~a~ of u~ 1nr~1~t~'<~ ~II~I~fi4C1s t~~ 8t#y ~r`~1~rSrbl't ~f tl"tt5 ~4C~; IS ~~;1"fill'lt~#~d, ~dC;~tIC1, br p+~rmE~ed b~ such pers~r~ ;~nd 11 k~; h~d' accd+tly; : ' ; : . . . . O; In a~€~t~an ~o ~~~~itEe~ ~rQVE;~n th~s:~e~t~or~, ~ny;~ar~~~t~ar~ c~used~r p~rm~tted . : ~a ~s-.;.:Ir;>:r ; v1a~ : fany prouisrons af ~s ~o~de sha~l.d~~m~d , . nu~~~rtce a:r~m~~~ e ~Y1 M~~`~ . wwr~ s~rn~l~r1ab~te~ s;~uch: an~ each tl , py th: ~t su~ 00ri~i~on C00 pues ~t~~l bWreaard~! a~ a new ar~d sepa~a~~ offer~s~: ~or~; . 4rd,,~1~t.9s1 4 5 Ordinance No. 12, Series of 1994 Section 3 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 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. Section 4 5 The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and wrelfare of the Town of Vail and the inhabitants thereof. Section,56 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 ur?less expressly stated herein. Section 6. 7 All bylawrs, 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. IIVTRODUCED, READ, APPROVED, AfVD ORDERED PUBLISHED OiVCE IRI FULL ON FIRST READIiVG this 7th day of June, 1994, and a public hearing shall be held on this Ordinance on the 5th 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 6 Ordinance No. 12, Series ot 1994 READ AiVD APPROVED ON SECOND READIiVG AND ORDERED PUBLISHED this day of , 1994. Margaret A. Osterfoss, Mayor ATTEST: . Holly L. fVicCutcheon, Town Clerk C:\ORD94.12 7 Ordinance No. 12, Series of 1994 A . + ORDINANCE N0. 14, Series of 1994 AN ORDINANCE AAAEPIDIAIG COi,4PTER 18.57, EAAPLOYEE HOUSIPdG, AND SETTING FORTH DE7AILS IN REGARD THEREfO. WHEREAS, THE TOWN OF VAIL'S ECONOMY IS LARGELY TOURIST BASED AND THE HEALTH OF THIS ECONOMY IS BASED ON EXEMPLARY SERVICE FOR VAIL'S GUESTS, AfVD; . WHEREAS, VAIL'S ABILITY TO PROVIDE SUCH SERVICES DEPENDEMT UPON A STRONG, HIGH QUALITY AND CONSISTENTLY AVAILABLE WORK FORCE, AND; WHEREAS, THE AVAILABILITY OF HOUSING PLAYS A CRITICAL ROLE IN CREATING QUALITY LIVING AND WORKIIVG CONDITIOiVS FOR THE COMMUNITY'S WORK FORCE, AND; WHEREAS, TNE TOWN COUNCIL BELfEVES THAT THE FOLLOWING AMENDMENTS WILL iVIAKE THE EXISTING EMPLOYEE HOUSING ORDINANCE MORE EFFECTIVE, AND; WHEREAS, IN ACCORDANCE WITH SECTION 18.66.140, THE PLANNING AND ENVIRONMENTAL COMMISSION HAD A PUBLIC HEARING ON THE PROPOSED ZONING AMENDMENT AND HAS SUBMITTED ITS RECOMMENDATION TO THE TOWN COUNCIL. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Section 18.57.020 - Emplovee housin4 units (EHU) qeneraliv A. A chart(2) attached to this chapter and incorporated herein by reference illustrates the requirements (or each type of EHU. B. No employee housing unit which is constructed in accordance with this chapter shall be subdivided or divided into any form of time shares, interval ownerships, or fractional fee. C. All types of EHU's a>ay shall be leased,-but-e* to tenants who are tull-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average e#-a-FUiaiaAim of thirty hours each week. 1 ; 1. . Any applicant who applies for a conditional use permit for the purpose of conshucting employee housing, shall not be required to pay a conditional use permit application (ee. J. The provisions set forth in Section 18.57.020, subsections B, C, D, and E shall be incorporated into a written agreement in a form approved by the town attorney which shall run with the land and shall not be amended ar terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the county clerk and recorder office prior to the issuance of a building permit for the construction of an EHU. K. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to. , L. The owner::of eac.h EHU shall rent;theunit at;a monthly rental rate c.vnsistent ` with those market rates prevalent for.: similar properties in;the Town of:Vail:' _ = M. The Town of;Vail. Housing Authority will determine themarket rate based on .the ' study of other.units of comparable slze, location, qualityand:ameniNes'throughout the . Town. The market rate shall be based on an.average of:a minimum'of five rental rates of comparable units. , If the unit is not rented and ls not available at the market rate it shall be determined to be in noncompliance. Section 2 Section 18.57.050 Tvpe II - Employee housina unit A. Purpose. To allow for the construction of an EHU on lots in the single-family, two-family, and primary/secondary zone districts which meet the minimum lot size requirements for said zone districts. 8. General conditions: . 1. It shall be a conditional use in. the single-family residential, two-family residential and prim ary/seco ndary residential zone districts. 2. It shall be permitted only on lots which comply with the minimum tot size requirements for total lot area of the zone district in which the lot is located. 3 this code shall be.located on the same lot or site as the EHU. If no dwelling exists upon the property which is proposed for a Type II EHU at the time a building permit is issued, or ii an existing dwelling is to be demolished and replaced by a newr dwrelling, not less than one of the parking spaces required by this subsection shall be enc{osed. A three hundred square feet GRFA credit shall be allowed for the construction of one enclosed parking space for the Type fl EHU. 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 etfect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared - invalid. _ _ - • Section 4 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the heatth, safety and wetfare of the Town of Vail and the inhabitants thereo(. Section 5 The cepeal or the repeal and reenactment of any provision 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 commenced under of 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. 5 . SECTION 18.57.020(A) - EMPLOYEE HOUSING UNITS (EHU) GENERALLY Max. No. Max. No. Zoning Lot Size Density Approv- of Bed- of Resi- Kitchen Parking Code EHU Districts Which Require- Calcula- GRFA Ownership ing rooms dents Facili- Requfre- Sectton Type A(low EHU's ments tions Restrictions 250 Potentiat Authorlty Allowed Alfowed ties ments Credits 18.57.040 Type I P/S Two Family Less than 1.0 40% of Yes Yes, both DRB N/A N/A Full 50% 425 sq. ft. 15,000 allowable units get enclosed`; GRFA restricted 1-2 spaces 18.57.050 Type II Agricultural/ Minimum 0.0 300-900 sq. ft. Yes No PEC 2 2 adulis Full 1 space/ One Open Space of 15,000 2 sbildFea bedroom' garage Single Family N/A sp. of 300 . P/S Two Family Sq ft 18.57.060 Type III RC/LDMP/ N/A 0.5 450-900 sq. ft. No Yes ' PEC 2 4 Full 1 space/ Multifamily MOMFlHDMF/ bedroom' Credits PA/CCI/CCI I/ CCI IVCSC/ABD/ P/PU/SBR 18.57.070 Type IV RC/LDMP/ N/A 0.333 200-300 sq. ft. No No PEC N/A 1 Kitchen- 1 space Multifamily MDMF/HDMF/ ette Credits PAlCCI/CCIV CCIIUCSC/ABD/ . P/PU/SBR 18.57.080 Type V Hillside 21,780 1.0 0-1,200 sq. ft. Yes No DRB N/A N/A Full 1-2 425 sq. ft. Residential spaces' L 50% ' enclosed Please see text for specific requirements. n e:~andy%memos~chart81292 , Y I. q 0 1. A Type I EHU may be sold, transferred, or conveyed separately from any single-family or two-family dwelling it may be a part of so long as it meets the conditions set forth in Section 18.57.040 B, 5 of this chapter. 2. A Type II EHU shall not be sold, transferred or conveyed separately from the single-family or two-family dwelling is located within or attached to. 3. A Type III EHU may be sold, transferred, or conveyed separately from other dvvelfing units or employee housing units that may be located on the same lot or uvithin the same building in which the Type III EHU is located so long as it meets the condition set forth in Section 18.57.060 B, 11 of 4his chapfer. 4. A Type IV EHU shall not be sold, transferred, or conveyed separately from other dwelling units or employee housing units that may be located on the same lot or within the same building in which the Type IV EHU is located. 5. P? T'ype V EHU shall not be sold, transferred or conveyed separately from the ~single-family dweffing it may be located within or attached to. D. Reserved. . _ _ - = . . E._ IVo later than February 1 of each year, the owner of each employee housing unit within the towrn which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Towrn of Vail and Chairman of the Town of Vail Housing Authority setting forth evidence establishing that the employee housing unii has been rented throughout the year,' Yhe<cental rate; and that each tenant who resides within #*ar- the employees housing unit is a full-time employee of Eagle County. F. IVo property containing an EHU shall exceed the maximum GRFA permitted in Title 18 except as provided in Sections 18.57.040 64, 18.57.050 B5 or 18.57.080 63 of this chapter. G. All trash facilities shall be enclosed. H. All surface parking shall be screened by landscaping or berms as per Design Review Guidelines, Section 18.54.050. D3. 1. Any applicant who applies for a conditional use permit for the purpose of constructing employee housing, shall not be required to pay a conditional use permit application fee. 2 < w a 4. It shall not be counted as a dwelling unit for the purposes of calculating density. However, it shall contain kitchen facilities and a bathroom; as defined in Chapter 18.04 - Definitions of the Vail Municipal Code. It shall be permitted to be a third dwelling unit in addition to the two dwelling units which may already exist on the lot. Only one Type II EHU shall be.allowed per lot. 5. It shall have a GRFA not less than three hundred square feet, nor more than nine hundred square feet. An applicant, however, shall be permitted to apply to the Community Development Department of the Town of Vail for additiona! GRFA not to exceed five hundred square feet to be used in the construction of , the EHU. The applicant shall submit an application for the additional GRFA on a form provided by the Community Development Department. Approval or denial of the request shall be made by the Design Review Board in accordance with Section 18.54.040. If an applicant obtains Design Review Board approval for five hundred square feet of additional GRFA for the EHU, he or she shall not be entitled to receive additional GRFA pursuant to Chapter 18.71 - Additional Gross Residential Floor Area of this code for either unit on the lot. If an applicant obtains Design Review Board approval for not more than two hundred fifty square feet of additional GRFA for the EHU, he or she=shall be entitled to receive additional GRFA pursuant to Chapter 18:71= - Additional- = Gross Residential Floor Area of this code for one dwelling unit on the lot. . 6. It shall have not more than two bedrooms. „ 8. Each Type 11 EHU shall be required to have no less than one parking space for each bedroom located therein. However, if a one bedroom Type II EHU exceeds six hundred square feet, it shall have two parking spaces. All parking spaces required by this code shall be located on the same lot or site as the EHU. If no dwelling exists upon the property which is proposed for a Type II , EHU at the time a building permit is issued, or if an existing dwelling is to be demolished and replaced by a new dwelling, not less than one of the parking spaces required by this subsection shall be enclosed. A three hundred square feet GRFA credit shall be allowed for the construction of one enclosed parking space for the Type II EHU. (Ord. 8(1992) § 4(part).) IV. STAFF RECOMNlENDATlON Staff believes the proposed changes will make the Employee Housing Ordinance more effective. Because an efiective ordinance will help the Town meet its Municipal Objectives, staff recommends approval. c:\pec\memos\eh u.613 4 tl ~ Concerning Item E, Daiton Wiiliams stated that he wrould like to see the last sentence in this item eliminated. He felt the wording was too strong. He said that he would like the last sentence of Item M reworded to: "If the unit is not rented and is not available at the market rate, then it shall be determined to be in noncompliance." Jeff Bowen stated that. he still had a problem with Item 7 on Page 4. He stated that the maximum. age of the child should be lowered and questioned why this paragraph vvas necessary. Kathy Langenwalter asked what the purpose of ftem 7 was. Kristan Pritz stated it was added by the Council during the review of 4he original ordinance to address occupancy and the. issue of occupants having children. The PEC reached a consensus that Item 7 on Page 4 should be deleted. Kathy Langenwalter referred the PEC back to the lasf sentence in Item E on Page 2 of the s#aff inemo. She felt this sentence was a compromise to let people know what the requirement was. Kristan Pritz stated that the last sentence of Item E would be incorporated into the preceding sentence as: that the employee housing unit has been rented throughout the year, the rental rate, and that each tenant who resides within the employee housing unit is a full-time employee of Eagle County." Kathy Langenwalter reviewed the proposed changes with the PEC and staff. Jeff Bowen made a motion to approve the proposal with the recommended changes: II(C) "an average of 30 hours each week."? II(E) Remove the last sentence and add, "the rental rate, and that each / tenant..." II(M) "If the unit is not rented and is not available at the market rate." / III(7) Remove this paragraph.,/ Greg Amsden seconding the motion. A 7-0 vote approved this item. 8. A request for a conditional use permit to allow for a Type II Employee Housing Unit located at 4030 IVorth Frontage Road East, #D/Lot 26, Pitkin Creek Mountain Townhomes. . Applicant: Andrew M. Knudtsen Planner: Jim Curnutte TABLED TO JIDNE 27, 9994 Jeff Bowen made a motion to table this request until June 27, 1994. Dalton VUilliams seconded the motion and a 7-0 vote tabled this item to the June 27, 1994 PEC meeting. Planning and Environmental Commiasion June 13, 1994 10 RES0LUT90N NBO. 96 SERIES OF 1994 A RESOLUTGON AUTHOFiIZING THE TOWN OF VA@L TO RENT A SAFE DEPOSIT Ve4ULT 14T THE FIFiST BAIVK OF VAIL AND AQ.DTHORIZING CERTAIfV OFFICERS TO SIGN A LEASE TFIEREFORE, TO TLAl1YAIEtl/°9 0E 0 HE LEdYSEy TO v7iJRS7ENDEE"B 1 67L BoAy AlG A URN 0 f7E KG tl Jy AND ~ELEASE THE BANlC FRONA ANY L9ABILOTf 9N COIdINECTION THEREVVITH. VUHEREAS, The Town has the power to rent safe deposit boxes in financial institutions; and WHEREAS, the Touun wishes to rent a safe deposit box at the First Bank of Vail. IVO1IV, THEREFORE, be it resolved by the Touvn Council of the Town of Vail, Colorado: 1. Robert W. McLaurin, or his successor as Towrn Manager, and Steven J. Thompson, or his successor as Finance Director, are hereby authorized to rent a safe deposit box in the First Bank of Vail safe deposit vault and to sign on behalf of the Town a lease therefore, to terminate the lease, to surrender the box, return the keys, and release the bank from any liability in connection therewith. Included in this authorization is access to such box and control of the contents thereof by the above named officers. 2. At lease one of the authorized officers set forth above shall be present whenever access is had to the box and shall sign whatever application for access may be required by the bank as a prerequisite to granting access to said box. 3. This authorization shall remain in effect until and unless the bank is notified otherwise by the Town. 4. 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. 5. That this resolution shall take effect immediately upon its passage. IiVTRODUCED, READ, APPROVED AND ADOPTED this 5th day of July, 1994. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\RESOLU94.16 Resolution No. 16, Series of 1994 I T0: Town Council Members FR: Bob McLaurin DA: July l, 1994 RE: July 5, 1994, Town Manager's Report The Town Manager's Report will be distibuted to you and presented by Bob McLaurin on Tuesday at the Council Meeting. % i ~ • I e I I I I 1I I I ~ I ~I I I I v ''I I ~ i i ~ I~ ~ - MEMORANbD UM TO: Vail Town Council ]FR: Bob McLaurin, Town Manager RE: Town Manager's Report DT: July 5, 1994 Police Addition Please find the attached budget for the police addition. This document reflects expenditures through 6/29/94. The project continues to be within the budget. The police have now occupied the new addition. As you have been hearing the past few council meetings, the contractor is now remodeling the old police area. This portion of the project is scheduled to be complete in September. The contractor is also installing the project landscaping. Landscaping improvements are scheduled to be complete in August. Main Vail Roundabout The geometric design of the Main Vail Roundabout is now complete and the construction design is well underway. As we have discussed previously, this project will be bid in late January or early February with construction commencing immediately following the ski season. We bave hire Jeff Winston, to design the landscape architectural element of this project. Because this will be the "front door" of the Town, this element is extremely important. I will keep the Council updated as this design proceeds. Department/Council Budget Issues At the last Council meeting the Council discussed the desire to meet with the departments prior to the department budgets being prepared. This would allow the budgets to be prepared in accordance with policy directives of the Council. At that time, I indicated I would review the schedule and report back to you. Upon reviewing the budget schedule, the best time to do this is following the preparation of the "Statement of Issues" by each department. The Statement of Issues generally identifies the issues facing the department and discusses how the department intends address them. These statements are due at the end of July. If it is the desire of the Council, we will schedule a work session with the Council in August. Housing Program Following the discussion at the last Council meeting, we have been discussing the timeline for completing the work program for Mortgage Guarantee Program. At this time I believe we can have this program ready for your review at the August 8th warksession. If we can complete this earlier, we will of course bring it to you sooner. 006 POLICE BUILDIRIG BUDGET BUDGET CURRENT ACTUAL UiVDER REVISED SIIVCE THRU (OVER) 5/10/94 6/29/94 BUDGET Architect Fees 240,000 6,622 226,770 13,230 Architect Reimbursables 9,500 619 7,297 2,203 Architect Extra Services 28,500 1,422 27,984 516 Printing Costs 7,500 44 6,583 917 Testing - Soils 4,500 3,584 916 Testing - Concrete 3,500 1,621 1,879 Project iVlanagement Fees 43,000 6,000 37,690 5,310 Project Management Reimb 2,000 0 2,000 Surveying 4,415 4,095 320 Signage 5,000 46 331 4,669 Existing Roof Repair 44,585 44,585 0 West Lot - Clean & Restripe 1,000 0 1,000 General Construction GMP * 3,027,715 568,322 2,283,992 743,723 Construction Change Orders: 1 5,839 5,839 2 10,755 10,755 3 (287) (287) 4 (1,421) (1,421) Other 21,500 354 17,545 3,955 General Contingency: 55,114 55,114 TOTAL 3,512,715 583,429 2,662,077 850,638 . Owner Supplied Items: Electronics 45,956 522 4,599 41,357 Floor Finishes 27,700 250 250 27;450 Furniture 59,115 1,414 1,814 57,301 Communications Center 44,000 12,297 20,358 23,642 Telephones & Equipment 12,500 0 12,500 TOTAL OVViVER SUPPLIED 189,271 14,483 27,021 162,250 Tota I 3,701,986 597, 912 2, 689, 098 1, 012888 * Retainage Equals 88,485 POLBLDBD