HomeMy WebLinkAbout1995-21 Amending Section 5.04.120 - Transfer of License and Section 5.20.100 - Exemptions~-
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ORDINANCE N0.2i
SERIES OF 1995
AN ORDINANCE AMENDING SECTION 5.04.120 TRANSFER OF LICENSE
AND SECTION 5.20.100 EXEMPTIONS; AND SETTING FORTH DETAILS
IN REGARD THERETO
WHEREAS, the Town Counci! of the Town afi Vail believes that it is in the best interest of the
community to allow for a transfer of the annual business license fee when a subsequent business
operator assumes a business location and operates a business of the same category, in the same
space as a prior business that had a current business license fee; and
WHEREAS, it is equitable to allow for a quarterly proration of the annual business license
fee for new businesses applying for their initial license; and
WHEREAS, this proration shall apply to all applications for new licenses for new businesses
opened an or after October 1, 1995; and
WHEREAS, the Town Council wishes to insure that the proceeds of special events are
contributed to and realized by exempt charitable organizations.
NOW, THEREFORE, 8E IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1) Section 5.04.120 Transfer of License is hereby amended to read as follows:
5.04.120 Transfer ofi License.
A. If a business is sold or transferred to a different individual, partnership or
corporation after the business license fee for any given year has been paid,
the new owner shat! pay a one hundred dollar transfer fee, and upon
payment of said fee, shall not be required to obtain a new license or pay an
additional license fee for the year of said transfer.
B. If a business opens after September the 1st of any calendar year, and
occupies a space ar location where the business license fee has been paid
for the current year by a prior business of the same category as set forth in
Section 5.04A40, the new business can transfer the business license for a
one hundred dollar Transfer fee for the remainder of the curren# year. The
transfer of the business license fee creates no right to a refund for the prior
business.
C. If a business opens during the calendar year the business license fee, as set
forth in Section 5.04.040, will be pro-rated on a quarterly basis. If a business
opens on or between January 1 st and March 31st of the calendar year 100%
1
Ordinance No. 21, Serias of 1995
of the fee will be due, if a business opens on or between April 1st and June
30th of the calendar year 75% of the fee will be due, if a business opens on
or between July 1st and September 30th of the calendar year 50% of the fee
will be due, if a business opens on or after October 1st of the calendar year
25% of the fee will be due. The pro-ration does not apply to seasonal
businesses that have had a business license in the prior years.
D. Under no circumstance will the business license fee be reduced to an
amount less than $100.00 because of pro-ration.
2} The amendments to Section 5.04.124 shall be effective as of October 1, 1995.
3} Section 5.20.10D Exemptions,
A. All religious and chari#able organizations shall be exempt from the license
#ee and the sales tax deposit required by this Chapter; however, such
organizations must register with the Town Clerk prior to any solicitation
activities.
B. Any fair, show or exhibit of arts, crafts or similar handiwork, any sports event,
educational, recreational event or cultural activity that is sponsored by an
exempt organization as defined above may apply to the Town Manager for
a special events license. Said application shall include the name and local
address of the exempt organization that is sponsoring the event, proposed
duration, number of exhibitionists or merchants taking part in the event,
purpose of the event, goods or types of goods to be sold, a statement as to
whether or nat the applicant or its agents have ever bean convicted of any
crime or misdemeanor and the nature thereof.
1. At the time of the filing of the application a fee of fifty dollars shall be
paid to the Town Clerk to cover the cost of investigating the facts
stated therein.
2. Town Manager may impose conditions on the approval of the special
events license including required sanitation and clean up measures,
security measures, bond to guarantee performance of any condition
or to secure the payment sales tax due the Town.
Upon issuance of a special events license, individual vendors listed
on the application will not be required to obtain transient vendors
licenses.
2
Ordinance No. 21, Series of 1985
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4) ff any part, section, subsection, sentence, clause or phrase of this ordinance is far
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.
5} The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
6} The repeal or the repeal and reenactment of any provision of 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 ar by virtue of the provision
repealed or repeated and reenacted. The repeal of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated herein.
7} AI! bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not foe construed
to revise any bylaw, order, resolution, ar ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 17Th day of October, 1995, and a public hearing shall be held on this
Ordinance on the 7th day of November, 1995, at 7':30 p.m. in the Council Chambers of the Vai!
Municipal Building, Vail, Colorado.
ATTEST:
~~
Holly McCutchean, Town Clerk
Mar~aret A. Osterfass, May r
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
_[,U.. ~1-(.U,i' this~day of /t/~pi~' , 1995.
ATz~CT:
~ J ~~
Holly cCutcheon, Town Clerk
caoROSS.~ s
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Margare~{A. Osterfoss, Mayor v
Ordinance No. 21, Series of 1995
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SS.
7F EAGLE )
_EN KNOX do solemnly swear that I am the PUBLISHER of
SAIL; that the same is a weekly newspaper printed, in whole ar in part and
in the County of Eagle, State of Colorado, and has a general circulation
at said newspaper has been published continuously and uninterruptedly in
ty of Eagle for a period of more than fifty-two consecutive weeks next prior
t publication of the annexed legal notice or advertisement; that said
3r has been admitted to the United States malls as second class matter
provisions of the Act of March 3,1879, or any amendments thereof, and that
gaper is a weekly newspaper duly qualified for publishing legal notices and
vents within the meaning of the laws of the State of Colorado, That the
seal notice or advertisement was published in the regular and entire issue
umber of Bald weekly newspapers for the period of ~ consecutive
and that the first publication of said notice was in issue of said newspaper
_ ~}bvi~,Ni3~ iv , 19 `~~ and that the last publication o_f said notice
issue of said newspaper dated ~~~`~~ ' ~' 19g5 . In witness
gave hereunto set my hand this i~~ day of ~~~~ ,
f
,~f/s
cribed and sworn to before me, a notary public in and for
its of Colorado, this i~~ day of ~`'`~"'i~-
e County of
19 `Ja .
My commission expires ebruary 1 L 3997.
me ~.vara, enrerraea ANp WA6tLIT1E8
pF THE TOWN OF VAIL, COLORA00,
FOR IT'S FlSCAL YEAR JANUARY t, 19@6,
7HROUGN f>ECEMBER 31,1999,
AND PROVIWNO FOR THE L.£NY
ASS£SSN4£NT AND COLLECTION OP
T01ftTt AD VALORE61 PROPERTY TAXES DUE
FOR THE 1995 7A7( YEAR
AND PAYABLE IN THE 1996 FISCAL YEAR.
WHEREAS, €n accordance wltH Article IX of
the Charter of the Tovm of Vail, Cobrado, the
Town Manager prepared and submitted to the
Town Council a proposed long-range capital
program Ier the Town and a proposed budget end
financial plan for al[ Town funds and ectivltles for
the 1996 fiscal year, end
WHEREAS, notice of public hearing an the
proposed Town budget and capital program was
pudlsftad on the 27th day of OcKObar„1ti95, more
than seven {7) days prku to the ltearirg field an the
7th day cf November, 1995, pureuent to Section
8.5 of the Charter; and .
WHEREAS, it is necessary for the Town
Council to adopt a budget anti financial plan for the
1996 fiscal year, to make appropriations for the
amounts specified in the budget arld to provWe for
the Levy, assessment and collection of Town ad
valorem property taxes due for the 1995 year and
payable h the 1996 fiscal year.
NOW, TiiEREFORE, BE IT ORDAINEO BY
THE TOWN CO[1NCiL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 4.
The procedures prescribed in Article tX of the
Charter of the TDwn o! Vail, Colorado, for the
erlflr;hrteM ftereof have been fulfilled.
SECTION 2.
Puraueni to AAlcle IX at the Charter, the
Town Council hereby melcas Ste following annual
appropriatbns for the Town o! Velt, Colorado, for
Its fiscal year beginning on the first day of January,
.1998, and ending on the 31st day of December,
1996:
FlJND AMOUNT
General Fund $14,309,233
Capital Projects Fund 11,733,545
Real Eslate Transfer Tax 3,390,353
Perking Struclure Fund 1,976,430
HeavyEquipmanlFund •,,558,383
Police Confiscation Fund 137,308
Debt Servloe Fund 1,289,440
Hsektt Insurance Fund 1,117,790
Vail Marketing Fund 345,000
Boo1H Creek Debt Service Fund 34,375
Vail Housing Fund 41,500
FacilityMaimananceFund 1,$3f,656
Total: $37,514,991
Less tntertund Transfers: r R eaR ~+~.
Net Budget $31,068,823
SECTION 3.
The Town CouncH hereby adopts the full and
eemplete Budget and Financial Plan for the 1998
fiscal year for the Town o1 Vall, Colorado; which
are incorporated by reference Ftereil and made part
hereof, and copies of said Public records sha11 ba
made evaAab!e ro the pudk: in the Munkipal Building
of the Town.
SECTION 4.
For the purpose of defraying part of the
operating end caplal expenses of the Town of Vail,
Colorado, during tts 19913 tlacal year, the Town
Council hereby levies a property tax of 4.85 mi4ls
upon each dollar of the total assessed valuation at
$391,840,540 for the 1995 taz year at alt taxable
property within the Town, which will result in e
gross taxlevy of $1,882,057, calculated as fotbws:
Base milt levy 4.89 $1,857,731
Mlllavyeredl ~,t3~ c50,S38~
Abatementmllllevy ~ ., 35.285
Total mill levy 4.65 $1.822,457
Said assessment shell 1>e duty made by the
County of Eagle, Stale of Colorado, es directed by
the CplDrado Revised Statutes {1873 as amended),
and as otherwise required bylaw.
SECTION 5.
This Or["nance shall take affect flue {5} tlays
after publication, folbwing the iinai passage hereof.
SECTION 6.
If any pan, section, subsection, sentence.
clause tx phrase of this ordinance is for any reason
held to ba invalid, such decision shaft rwt effect the
velklky of the remaining porttans of this ordinamce;
and the Town Council hereby declares k wtxdd have
passed this ordinance, and each pert. section.
subsection, sentence, clause or phrase Htereot,
regarrtlees o! Ifie fact that any one Cr more pane,
sections, subsections, senteneas, clauses or
phrases be declared Invalid.
SECTION 7.
The Town Council hereby 11nds, determines,
and declares that this ordinance Is necessary and
proper far the Health, safety, and welfare of the
Ta+m of Vail and the inhabRaMa thereof.
SI=CTION 8.
The repeal or the repeal end reenactment of
any provision o! the Municipal Code of the Town of
Vail as provided In this oMlnanca shelf vat affect
any right which has accrued, any duty imposed,
any violation that occurred prlos to iha effective
date hereof, any prosecution commenced, nor any
- other action or r. _,..,.:dln9a as commenced under
ar 4Y virtue o! the provision repealed or repealed
and reenacted. The repeal of any provlslan hereby
shall not revive any provision or any ordinance
previously repealed or superseded unless expresaN
stated herein.
SECTION 9.
All bylaws, orders. resolutions, and ordinances,
or parts thereof, irtconststent harewidt are repeated
to the extent only of such Inconsistency. THIS
repealer shall not ba construed to revise any bylaw,
order, resolution, ar ordinance, or pert thereof,
theretofore repealed.
INTRODUGED, READ ON FIRST
READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL this 17tH day of
October, 1995. A public hearing shaft be held on
this Ordinance an the 7th day of November, 1945
at the regular meeting of the Town Council of the
Taws of Vail, Coloreds, In the Municipal Bulldhg o1
the Town.
TOWN OF VAIL
Margaret A. Oatarfoss
~Ya
ATT•^BT:
Lori Aker
. Deputy Town Cledt
_-._ nun
rvurlcy vurcw, ul~nvl.
Suite 264, Bozeman, Montana. 406-58h-
7629.
oF~ICE~
COMMERCIAL
SPACE
RESTAURANT, RETAIL, OFFICE space
available in the Slifer Smtfh & Frampton
Center, benchmark Plaza Bldg. In the
Avon Plaza. Please call Slifer Manage-
ment for details. 47(x1063.
VAIL OFFICE SPACE for lease. 1512 sq.ff.
Excellent location, adJacent to Vall
Coif Course, underground parking,
elevator, easy access, views. Available
new. Below market rent. Call 970-476-
8324.
TENANT REPRESENTATION FOR
tiegotkafing your retail and/or office
Eerie, including availability and com-
petitive rates, Calk Dave Cole, CCIM,
Re/Max Vall, Inc., at 970-47b-6460.
RETAIUOFFICE SPACE available for pur-
chase In new Rlvar Centre protect lo-
cated an the Eagle River In Edwards.
Btallding features a hotel. and
restaurant. Completion-summer, 1996.
Call The Prudential Gore Range
Proparhes, Inc., at 926-8440,
HEALTH &
NUTRITION
NITTRRIONAL SUPPLEMENTS used lay the
U.S.Olymplc 5k1 Team. Ecology safe
clraaning products, natural skin care.
Shaklee, of course. 949-1771.
Public Notice
NOTICE CONCERNING
REGULAR MUNI49PAL ELECTION
TOWN OF VAIL, COLORADO
NOVEMBER 21,1995
NOTICE 15 HEREBY GIVEN [hat at the
regulav municlpel election of the Town at Vail to be
held at the Vail Municipal Building on Tuesday,
November 2t, 1995, from 7:00 a.m. to 7:00 p.m.,
them will ba sut>mittad to the registered qualified
elecors of the Town of Val1, Cobredo, candidates
for Town of Veil Council poaHicns.
Registered electors may vote for four caunnil
persons. The three candktrsYes ratp3ea:,g 616 highest
rl~rnuer pi voids ar+afi ua ele,:lea tt faux year [enny
and the candidate receiving the nerd highest
number of votes wilt serve for two years. The
fallowing, whose rlominetfans have been duly
certified, are candrJatos fpr council person:
JAN STRAUCH
BOB FISKE
LUDWIG KURZ
KEVIN R. FOLEY
BOB ARMOUR
ROB FORD
MICHAEL D. JEWETT
LOU MESKIMEN
GREG AMSDEN
E. B. CHESTER
Also sutxnitted to the registered qualNied
electors of the Town of Vail, Colorado. will ba the
[-'~. ~ ,,question:
QUESTION i.
SHALL THE CHARTER OF THE TOWN OF
VAlL, COLORADO, BE AMENDED TO INCLUDE
AN ARTICLE ENTITLED DESIGNATED OPEN
SPACE WHICH WILL PRpVIDE THAT TOWN
OF VAIL OWNED PROPERTY, WHICH MEETS
CERTAIN CRITERIA ANO HAS BEEN SO
DE5IGNATE;D, CANNOT BE DISPOSED OF
UNTIL APPROVED BY THE REGISTERED
ELECTORS A7 A TOWN ELECTION?
Those persons who ere citizens of the United
Slates, elghlaert (18) years ai age or alder, who
have been residents of the State of CClorada for
thirty (30) days precedktg the electlan end residents
of the Town of Vail, Colorado, tar thirty (30) days
prated'€ng iha election, end who have been duly
registered with the Town of Vall, shall be enlHied to
vote ai seW election.
Those registered qualified electors who are
otherwise fully qualified to vote on said ballot issues
at said election, but who shall Ue absent from the
Town of Vaik on the day of said election, or who
shall ba unable to attend the pofis, may apply in
writing at the office of the Town Cigrk of Va€I,
Colorado, for absent voter ballots et any time
during ragufar business hours on or before 5:00
p,m., Friday, November 17, 7995.
There wi8 be one election precinct far said
Regular Munk:ipal Election, [he boundaries of which
shell be the same es those of the Town and the
polling place for which shell be the Vail Municipal
Bulldkrg, Val1, Coorado. Tae absent voter and vraHc-
in absent voter polling place shall also t>e the Veil
Municipal Bullding, 75 South Frontage Road, Vait,
Cokxada 61!357.
The votes cast shall ba counted an electronic
{optical scan) equ~rtrent and saki election shall be
held and eorYdudad, the returns thereof canvassed,
and the reauhs thereof declared, In the manner
prescribed by law for all such regular munielpal
6laclbns in the Town.
IN WITNESS WHEREOF, the Town Council
has caused this nolloe to be given.
. TOWN OF VAIL
Ho1ty L McCulchaon
Town Gledc
Published in The Vail Trait
on Novernixsr 10 end 17,1995
^VAIL MUNECIPAL CODE; LOCATED AT 276
HANSON RANCH ROAD7Ld78 A, B, ANR C,
BLOCK 2, VAIL VILiJ1GE 1ST FILING AND A
POFTTFON OF TRACT E, YAIL VILLAGE 5TH
FILING, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, Chapter 18.40 of the Valf
Municipal Cade aulharizes special development
districts within iha Town in Crdor to encourage
flexibility in the development of fend; and
WHEREAS, the developer, GPH Partners,
Ltd. has submitted an application for the major
amendment of Special Devekrprr>,ent District {SDD}
Na. 31, for a certain parcel of property within the
Town, legally described as Lots A. B and C, Block
2, Vail Village 1st Filing and a.portion of Tract E,
Yail Village Filth filing and oommony referred to as
the Golden Peak House Special Development
Dietrich and
WHEREAS, the proposed major amendment
to the SDD is In the best interests of the
community as it meets the municipal objectives
ident'rfied in [he Town of Vail Comprehensive Plan;
and
WHEREAS, in accordance with Ssction
18.68.140, the Planning and Environmental
Commission, on September 11,1995, held a publ':c
hearng on the major amendment to the SOD and
has submitted its recommendalon td the Town
Council; and '
WHEREAS, all notices as roquired by Section
18.fifi.060 have been sent to iha appropriate
parties; and
WHEREAS. the Town Council Considers that
it is reasonable, appropriate, and beneficial 1o the
Town and its citizens; inhabitants, and visitors to
madily the approved SDD No. 31; end
WHEREAS, the Town Council has held a
pub!"ic headng as required by Chapter 18.66 of the
Municipal Code of the Town aF Vail.
NOW, THEREFORE, BE 17 ORDAINED BY
THE TOWN COUNCIL OF THE TOWN OF
VAIL. COLORADO, THAT:
SECTION 1.
The Town Council finds that all iha prpeaduros
set forth for Special Development Districts in
Chapter 16.40 of the Municipal Coda of the Town
of Vall have been fully satisfied,
SECTION 2.
Special Development District No. 31 was
established to ensure comprehensive development
and use of an area in a manner that will be
haimonfous with the general chareCer of the Town,
provide adequate open space, employes housing,
'streetscape Improvements and other amenities,
and promote the objectives of the Town's Zoning
ordinance. The development is regarded es
complementary to the Town by Ehe Town Council
and the Planning and Environmental Commission,
and there are significant aspects of the special
development which cannot be satisfied through the
Imposition of standard zoning tli5lricts on the area.
SECTION 3.
Spacial Development District No. 31 was
established for the development on a parcel of land
campdsing 8,375 square feet in the Vell Village area
of the Town; Spacial Development District No. 3'
and said 8,375 square fact may cre referred to as
'SDD rVo.31',
SE=CTION 4.
T,tn Town COJ:1L'L gnus ;flat u,c C:iianu,r~c; .?
to the approved development plan for SDD. No. 31
moats each of the standards sat forth in Seo[ian
18.40.080 of the Municipal Code of the Town of
Vail or demonstrates that either one or more of
them is not applicable, or thaS a practical solution
consistent with the public Interest has bean
achieved. In accordance with Section 18.4D.040,
the amendment to the development plan for SDD
No. 31 is approved. The amended development
plan la comprised of those plans submitted by
Snowdon and Hopkins Architects, and consists of
thefollowing documents:
1. Shea[ No. A-1, dated October 25, 1953
(ate plan).
2. Sheet No. A-6, dated October 25, 1993
(basement plan).
3. Sheet No. A•7, dated October 25, 1993
(ground tbor plan}.
4. ShaeF No. A•8, dated October 25, 1993
(second flea! plan).
5. Shoat Na. A•9, dated January 12,1995 and
revised Juty 18, 1995 and August 14, 1995 {third
floor plan).
8. Sheet No. A-10, dated January 12, 1995
and revised July 18,1995, (fpurth floor plan).
7. Sheet No. A•it, dated October 25, 1993
(fifth fbor plan).
B. Sheet No. A-12, dated October 25, 1993
(roof plan).
9. Sheet Na. A-i3, dated January t2, 1995
and revised Juty 16, 1995 and August 14, 1995
(buiklhg elevasions).
10. Sheet No. A-i4, dated October 25, 1993
(building sections).
11. Shae1 No. A-15, dated October 25, 1983
(suNdtade analysis).
12. Shoat No. A-16, dated October 25, 1993
(View Corddor No. 1 analysis).
13. Other general submittal documents that
define dta development standards of the Spacial
Development District.
SECTION 5.
In atldrtlon to the Approved Devebpment Plan
described in Section 4 above, the following
development standards have been submitted to the
Planning and Environmental Commission for its
conslderatian and recommendation and are hereby
approved by the Town Council; these standards era
incorporated in the Approved Development Plan 16
protect iha integrity of the devefapmen! of SDD
No. 31; the fallowing era iha development
standards for SOD No. 31:
A. Lot Area -The tot area shall consist of
approximately 8,375 square feet.
B. 5atbacks~• The required setbacks shall be
as indicated an the Approved Development Plans.
C. Haight -The maximum height of the
Golden Peak Hausa Bullding shall be as indicated
on the Approved bevebpment Plans.
D. Density Control -The maximum GRFA for
iha Goidan peak House shaft not exceed 16,715
aqupn last. This figure Includes 2,781 square
feet of excess Common area iha! has been
included in the GRFA. Tha approved density for
the Golden Peak Hausa Includes iounean (14)
dwelling units. Tlirea a! iha dwelling units are
approved to have lock-offs.
E. 51te Coverage - ^re maximum site
coverage far this Special Dave~opmant District shell
not exceed 7,874 square feel or 84°6 of the lot
area. and shall be as Indicated on the Approved
De~.rebixnent Plans.
F. Lendscaalna -All landaeaa€na shall be in
amendment portion of the project, .shall
occur prior to the Town's dssuanee of a
Temporary Csrtlficate Df Occupancy for the
protect, according to Ssction 18.52.164{B,5)
of the Town of Vatd Mundclpal Code.
SECTION 6.
The developer, Jointly and severakly, agrees
with the following requirements, which are a part of
the Town's approval 01 this SDD No. 31:
1. That prior. to the Town's issuance of a
Building Parma for the oanslruction a1 SDD No. 3t,
GPH Partners, Ltd. shad cause lobe permanently
restricted, two off-site, two-bedroom, employee
housing units per the Town of Vail Housing
Drtlinanos. Each unit shall be aminimum size of
700 square feet. The units Shall meet the Town of
Vail Housing Ordinance requirements and such
units shall be wi9tin the Tovm of Vail.
2. That prior to the Town's issuance of a
Building permR for the redevelopment pro}act, the
Golden Peak House Condominium Association will
contribute $32,000.00 towards the redesign and
redevelopment of Seibert Circle. Tfte $32,000
contribution !awards the redevelopment of Seibert
Circle shall be credited towards the Golden Peak
House, should a future Special ImprovamenF
District be created for this project.
3. That prior to the Town's Issuance of a
building permit For the redevelopment project, Vail
Associates, Inc., will dedicate open space to Ehe
Town. Tha minimum area of open space shall be et
least an equivalent area, to that of the area of the
Tract E'overteang and deck' easements. A ponion
ai the Mill Creek stream tract will be dedicated to
the Town of Vail as permanent open space and the
Pirate Ship Perk area of Tract E wilE be leased [a
the Tawn o! Vail for the purpose of maintaining the
park. The tents of the tease ere to ba agreed upon
by the parties.
4. That the Golden Peak House Condominium
Associatlan and Vail Associates, Inc, shall reserve
a public pedestrian access, across Lot C, wh'sch is
located between the Golden Peak House and the
Hill Building, by declaration to be recorded with She
Eagle Caunry Recorder. Such declaatian shall be
permanent and only revocable upon wrikten
agreement with the Town of Vail. The declaration
of public pedestrian access shall occur prior to the
Town's issuance o! a Bullding Parniit for the
project.
5. That prier to the Town's issuance of a
Temporary Certificate of Occupancy for the
redevelopment project, GPH Partners, Ltd. shall
deed restrict two three-bedroom dwelling units
{Units 201 and 401} to be included in a shart•term
rental program, at comparable market rates, at all
times when said dwelling unfle are not occupied by
the awnsr or his guests.
6. That prior to the Town's issuance of a
Temporary Ceriilicate of Occupancy for the
redevatopmant project, GPH Partners, Lld. shall
deed restrict the remelning two lock•oHs in the
building (tr equivalent), to ba included in a short-
term rental program, et comparable marks! rates,
at all times when said ICCk~fts era nw. occupxrd by
the pwner or his or her guests.
7. That prig r;; thn Ttr;n's issuance o1 a
Temporary Certfilcata of Occupancy for the
redevelopment project, GPH Partners. Ltd. shal4
deed restrict, the two accommodshon unite {os
equivalent) in the building, to be InGUded in a short-
ii;rlll:tl„ I V'~R; ~ ~~ •:.,;,a,:.blo '%ui'(h.~%"l rdtE~.i
at ell times when said eccommodatbn units are not
oxupied byr the .iwner or his ar her guests.
B. !list iha Gallon Peak House Condominium
Association, or their successors in intorest, shall
participate ie, and shall not protestor remonstrate
against, any improvement district(s) which may be
es?abliatiad by the Tovm of Vail far the purposes of
ronstruuting improvements as sat forth in the
Town of Vail 5lreetscape Master Plan andlor the
Veil Yransportatlon Master Plan, If end when an
improvement district(s) is formed.
9. That the Golden Peak House Condominium
Association and GPH Partners, Ltd. shell
cooperate with, and shall not protest or
remonstrate against, any efforts by the Town of
Veil to astabiish additional view corridors or
amendments to efdsting view.,..., ti...., es enhanced
by the project. Such changes and additions shalt be
pursuem EC the Municipal Coda of the Town of Vail.
10. TtiaE the pedastrlen arcade (which was
originally proposed over the first floor retail windows
an the north elevation), and that the odginat ground
floor plan, which does no[ include the Curved retail
windows along the eastern partlan of the building,
ba reviewed by the Design Review Board and
included in the Einel building design, iF required by
the Design Review Beard.
11. That GPH Panners, Ltd, further aniCUrate
the first tloor'retall windows'. by adding divided
IEghts to the large single penes of glass.
12. That the Design Review Board review the
proposed roof form over rho main entry on the
north elevation, and determine H the root torn
needs to be bwered.
13. That the proposed far and gravel roof for
the buikHng is aooeptable.
SECTION 7.
Amendments to the approved development
- plan which do not change its substance may be
approved by the Planning and Environmental
Commission at a regulany scheduled public hoaxing
in accordance with the provisipns of 5scttan
18.68.060 and 18.40.100. Amendments which do
change the substance of the devektpment plan shall
bs required to be approved by Town Council after
the above procedure has been followed. The
Community Development Department shall
determine whet constitutes a change in the
substance of the devebprrtent plan.
SECTION e.
The developer must tregin construction of the
Special Development District within three (3) years
from the lima of Hs final approval, end cominue
diligently toward completion of the project. The
developer must meat iha requirements of Section
18.40.120 of iha Municipal Code of the Town of
Vail.
SECTION 9.
tf any part, section, sentence, clause, or
phrase of this ordinance is for any reason held to
be invalid, such decision shall not effect the valklity
at the remelning portions of this ordinance; and the
Taws Caundl hereby declares it wpukl have passed
this ordinance, end eadt part, section, subsection,
santance. Clause or phrase thereof, regardless of
the lac! that any one or more parts, sections,
subsections, senlencas, clauses, or phrases be
SECTION 10,
Tha Town Council hereby finds, determines
end declares that this ordinance is necessary and
prapef for iha health, safety and weHare of the
Town of Yall and Its Mhabhanta thereof.
INTRODUCED, REA^ ON
RE»AD]NG, APPROVED ANp OR
PUBLISHER ONCE IN FULL this #7tf
October, 1995. A public hearing shall be
this Ordinance on the 7th day of Novemb
at the regular meeting of the Town Coon
Town o1 Vail, Colorado, In the Municipal Bi
the Town.
rowNt
Margaret A. C
Deputy To
READ AND APPROVEb ON 5
READING AND ORDERED PUBLISHE[
IN FULL this 7th day of November, 1995.
' TowNl
Margaret A. C
Dsrwty Ta
Published in The Vail Trail
an November 10, 1995
Public NoticE
' ORDINANCE N0.18
Series of 1995
AN ORDINANCE AMENDING SECT
9.71,O10A. WHICH CONTAINS TH
DEFINR70N FOR LARCENY
Copies of this ordhance are avaHable 1
inspection in the office of the Tovm Cler
normal business hours.
READ AND APPROVED ON 51
READING AND ORDERED PUSLISF
TITLE ONLY this 7th day or Novamlder, l d
TOWN
Margaret A C
Defxrty To'
Published in Tha Vail Trail
on November 10, !995
Public Notice
ORDINANCE H0.18
Sanest of 1995
AN ORDINANCE TO CHANGE THE Zf
OF 67 PROPERTIES IN THE 701NN C
FROM THEIR CURRENT ZONING T(
NATURAL AREA pAPSERVATION Q!1
OUTDOOR RECREATIGN UISTRFLT, i
GENERAL USE DISTRICT (SEE E1W1
B Ik C) AND ADD GOLF COURSES
PERMITTED U$E FOR THE O1JTD
RECRFJITION DISTRICT, SECTION it
:~J ~-'.E,ro~riJr ;~iE :~GL'.T iC.R:•1114-
an Open Lands Pian which included a pr
review and where appropdate rezorte op
parcels to address legal non Ctnformi
Improve protection of sensitive natural n
and to ensure the appropriate zoning o
-reCrrdaibnal areas;
WHEREAS, the proposed zoning
would be in cancan with [he policies ear
the Vail Land Usa Plarr and ComprahenY
Lands Plan to protect the qualgt
environment; protect open space; improv
recreational actNHies; and to allow forths
development to be maintained and ~
whenever possittle;
WHEREAS, the Proposed down-zon
Nature! Araa Preservation District will hr
sensitive natural resources In the Tov
which is an objeclNe of the Town es aft
Vail Land Use Plan, Comprehensive O{
Pkan, and Enuironmemel Strategic Plan.
WHEREAS, rho proposed zone d
Yra OR District will allow the community i
summer recreational opportunities tvltith
the Vaf1 Land Usa Plan.
WHEREAS, the proposed up-zor
General Use District will altaw exlatln¢ b
better metro Improvements to dtair strm
albw the qualHy of the development tc
maintained and upgraded through e
Planning process. .
WHEREAS, this rezoning will help r
development does not occur wh
inappropriate because of natural conatr
hazards, wetlands, riparian areas, critic
while also providing the opportunity for i
development of properties where dove
appropriate.
NOW, THEREFORE, BE IT ORD.
THE TOWN COUNCIL OF THE T
VAIL, COLORADO, AS FOLLOWS:
SECTION 1.
The Town Council finds the prat
amending the zoning for the properties I
Exhibits A, B & C. as Sot forth I
18.66.1D0.18.68.180, of the Vefl Munl
have been satisfied.
SECTION 2.
Tdta Town Council hereby m
amendments as indicated In Etdtlbd A U
of Vail Official Zoning Map.
SECTION 3.
The Town Council hereby adds gob
the Ilst of permHted uae5 in fhe Outdoor
District as stated in Section 18.33.020 c
of Vail Muncipal Code.
SECTION 4.
If any part, section, subsection,
clause or phrase o1 this ordinance is far
held to bo invalid, such decision shall nc
validity of iha remaining portions of this
and the Town Council hereby declares it
passed this ordinance, and each psi
subsection, sentence, clause or phrai
regardless of the fact that any one or r
sections, subsections, asnlences, r
phrases be declared invalid. '
SECTION 5.
Tha Town CouneH hereby finds, c
end declares that this ordinance la naa
proper tar ttYe health, safety and wail
Town of VeH axed [he inltebitanta Ihereol,
SECTION 6.
The repeat or ttta~rapeal and ream