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HomeMy WebLinkAbout1996-19 Correcting Ordinance No. 9, Series 1995, Rezoning a Parcel of Property Legally Described as Tract C, Vail Village 7th Filing from General Use District to Primary/Secondary Residential District_ ~ .~ f _.-_..K._,., ., _. ORDINANCE NO. 19 Series of 1996 AN ORDINANCE CORRECTING ORDINANCE NO. 9, SERIES OF 1995, REZONING A PARCEL OF PROPERTY LEGALLY DESCRIBED AS TRACT C, VAIL VILLAGE SEVENTH FILING FROM GENERAL USE DISTRICT TO PRIMARY/SECONDARY RESIDENTIAL DISTRICT. WHEREAS, Ordinance No. 9, Series of 1995, improperly referred to the property located at 967 Vail Valley Drive, Vail, Colorado, as being "Tract C, Vail Village First Filing" rather than Tract C, Vail Village Seventh Filing; and WHEREAS, a review of Resolution No. 5, Series of 1995, modifying the Town of Vail Land Use Plan, the Minutes of May 16, 1995, and the Minutes of June 6, 1995, clearly show that the intention was to rezone Tract C, Vail Village Seventh Filing; and WHEREAS, the Town of Vail Zoning map properly reflects Tract C, Vail Village Seventh Filing as being presently zoned Primaryl5econdary Residential District; and NOW, THEREFORE, BE IT ORDAINED 13Y THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. That Ordinance No. 9, Series of 1995, incorrectly referred to "Tract C, Vail Village First Filing" rather than Tract C, Vail Village Seventh Filing. Section 2. The Town Council finds that the procedures for a provision of rezoning property in the Town of Vail have been fulfilled, and the Town Council, in considering Ordinance No. 9, Series of 1995, received the repor# of recommendation from the Planning and Environmental Commission, recommending the rezoning of Tract C, Vail Village Seventh Filing. Section 3. Pursuant to Section 18.66.1 DO - 18.66.1$D of the Vail Municipal Code, the parcel of property legally described as Tract C, Vail Village Seventh Filing is zoned as PrimarylSecondary Residential District. SectlOn ~, As provided in the Town of Vail, the zoning administrator is hereby directed to modify and amend the official zoning map to include the zoning specified in Section 3 above. ~ 1 ~ Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper far the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 7, ' The amendment of any provision of the Vail Municipal Code as provided in this ordinance steal! not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of October, 1996. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 5th day of November, 1996, in the Municipa[ Building of the Town. Robert W. Armour, Mayor A ~ ~~~~~ Holly McCutcheon, Town Clerk 2 ~ ~ INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED (IN FULL}~ TITLE ONLY} THISS'~it DAY OF ~~~~, '1996. L Robert W. Armour, Mayor A TES f ~~ Holly cCutcheon, Town Clerk f'.laveryonalwdla~dt 9,9p ~ ~ ~ AFFIDAVIT OF DIRK MASON #, Dirk Mason, upon being duly cautioned and sworn, states as follows: 1. I am currently employed as a Planner I for the Town of Vail in the Department of Community Development. 2. It has been brought to the attention of the Town of Vail that Ordinance No. 9, Series of 1995 incorrectly referred to the property located at 967 Vail Valley Drive, Vail, Colorado as being located in Vail Village First Filing, when in fact it is located in Vail Village Seventh Filing. (See attached Exhibit "A"). 3 In Section 2 of Ordinance No. 9, Series of 1995, the ordinance incorrectly refers to the zoning as General Use District, when in fact the zoning has been changed to Primary/Secondary Residential District as properly stated in the title of Ordinance No. 9, Series of 1995. (See Exhibit "A"). 4. On March 7, 1995, before presenting the Ordinance to 9, Series of '1995, Resolution No. 5, Series of 1995 modr~ed the Town of Vai! Land Use Plan, changing the land use designation of Tract C, Vail Village Seventh Filing from Park to Low Density Residential. (See attached Exhibit "B"). 5. In the Minutes of the Vail Town Council meeting of May 18, 1995, it reflects the first reading of Ordinance No. 9, Series of 1995, and while the Minutes incorrectly refer to the Vail Village First Filing it does refer to the property as 9fi7 Vail Valley Drive, and the Minutes reflect that Council was fully aware of the location and nature of property that was being considered for rezoning to PrimarylSecondary Residential Zone District. {See attached Exhibit "C"). 6. On June fi, '1995, Ordinance No. 9, Series of 1995 was considered on second reading and in the Minutes of the Vai! Town Council meeting the property in question is properly referred to as Vail Village Seventh Filing. (See attached Exhibit ,~p,~ )• 7. The Tvwn of Vail zoning maps properly reflect Tract C, Vail Village Seventh Filing as being presently zoned PrimarylSecondary Residential District. 8. Scheduled far first and second reading is Ordinance No. 19, Series of 1996, correcting Ordinance No. 9, Series of 1995. {See attached Exhibit "E"). 9. Exhibits A through E, inclusive, are as attached hereto are true and accurate copies of the original documents which are maintained in the Town of Vaii permanent records. ~ i Further affiant sayeth naught, ~~i~-~~ ]irk Maser STATE OF COt.ORADO ) } ss. COUNTY OF EAGLE ) L~ The foregoing instrument was acknowledged before me on this .s~ ~,, day of ~;~, . ,af ,-,~ ,, .., , 1996, by Dirk Masan, as a Planner I in the Department of Community Development, Town of Vail, State of Colorado. Witness my hand and official seal. My commission expires: ar-ne~.wrt$td,kotaryPubfie ~ ~~6 S.fFrort~age Road 1999 ~~ t- Notany Public f •~,. .~, L ~~ • . ORDINANCE N0.9 Series of 1995 ~~ AN ORDINANCE REZONING A PARCEL OF PROPERTY LEGALLY DESCRIBED AS TRACT C, VAIL VILLAGE FIRST FILING FROM GENERAL USE DI:~ ~ nICT TO PRIMARYISEGONDARY RESIDENTIAL DISTRICT; AND AMENDING THE OFFICIAL ZONING MAP IN RELATION TO THE REZONING OF SAID PROPERTY. WHEREAS, the property to be rezoned is located within the municipal limits of the Town of Vail; and WHEREAS, the Planning and Environmental Commission has considered the appropriate rezoning for the property and has unanimously recommended that the Town Council rezone the parcel from General Use District to PrimarylSecandary Residential District; and WHEREAS, the Town Council considers it in the public interest to rezone said property, NOW, THEREFORE, BE IT ORD~hNED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, CbLORADO, AS FOLLQWS: section 1. The Town Council finds that the procedures for the provision of rezoning property in the Town of Vail have ben fulfilled, and the Tawn Council hereby received the report of recommendation from the Planning and Environmental Commission recommending the rezoning of said property. Section 2. Pursuant to Section 18.66.1 QD -18.66.180 of the Vail Municipal Code, the parcel of property legally described as Tract C, Vail Village First Filing is zoned as General Use District. Section 3. As provided in the ordinances of the Town of Vail, the zoning administrator is hereby directed to modify and amend the official zoning map to include the zoning specified in Section 2 above. Section 4. If any part, section, subsection, sentence, clause ar phrase of this ordinance is for any reason held to be invalid, such decision shall oat effect the validity of the remaining portions of this ordinance;; and the Tawn 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, sec#ions, subsections, sentences, clauses or phrases be declared invalid. Exhibit ~rAri i- i 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 thereaf, Sec#on 6. The repeal or the repeal and reenactment of any provision of the Vail Municipal Cade as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. Ali bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to ~e extent only of such inconsistency. This repealer shag not be construed to revise any bylaw, order, resolution or ordinance, or part thereaf, theretofore repealed. INTRODUCED, READ ON FIRST READING, AlPROVED AND ORDERED PUBLISHED ONCE !N FULL, this 16th day of May, 1995. A public hearing shall be held hereon an the 6th day of June, 1995, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town, '`'t'~ ~. Margaret A. Osterfoss, Mayor ATTEST: ~~ ~~ti Cl~r/1 READ ANp APPROVED ON SECOND READING AND ORDERED PUBLISHED ~~ ~~~ this l day of ~„ ~ ,1995. -. G ~- C' .<~, Margaret A. sterfoss, Mayor ATTEST: ,~`te~nt-~aur: ~r;rrru~i ~,~,,~pv~N OF Y,~~. . [ ~~'~.~.- l ' E A L I„ ~,,,,,, 14~~IE'Gleflf~ ~o~~ ~l4 ,~~., D,~p„f ~~ C%Prk ~~~%,~otoaPpo ~ ~ RESOLUTION NO.S Series of 1995 A RESOLUTION MODIFYING THE TOWN OF VAIL IAND USE PLAN, CHANGING THE LAND USE DESIGNATION OF TRACT C, VAIL VILLAGE 7TH FILING FROM PARK TO LOW DENSITY RESIDENTIAL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, conditions in the Town of Vail have changed since the Land Use Plan was originally adopted; and WHEREAS, the proposed land Use Plan modification would serve to carry out the following policies of the Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve bath the visitor and the permanent resident. 1.3 The quality of development shouid be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in-fill areas). 5.1 Additional residential growth shouid continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail shouid play a role in future development through balancing future growth with services. 8,3 Services should be adjusted to keep pace with the needs of peak periods; and WHEREAS, the Town of Vaii has a need for additional land with the designation of Law Density Residential in order to meet the standards of the above-listed policy statements. NOW, THEREFORE, BE R RESOt_VED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. lyre Town Gouncil finds the procedures I'or amending the Land Use Pfan, as set forth in Chapter Vlfl, Section 3 of the Land Use Pian have been satisfied. 2. The Town Council hereby amends the Land Use Plan to change the Land Use nPCjnnatinn chn-un nr} Firn~ra ~_~ lAlljr~_$prtinn ~Aan1 of 4ha ri1»h from t~~rl` tC I OU7 rvton~il~, - -^r r. ... .,. ~s Residential for the property more particularly described as Tract C, Vaii Village 7th Filing. ~. The property owner/applicant, or his successor in interest, agrees with the fallowing requirements, which are a part of this modification to the Land Use Plan. Exhibit i~~rr 1 A. Briar to the transfer of ownership of the property, the Vail Valley Consolidated Water District will dedicate an approximate 1 D-foot wide public easement across the eastern side of Tract C to the Town of Vaif, to allow for the continued use of a portion of Tract C for a golf cart path. f3. Prior to the trans#er of ownership of the property, the Vail Valley Consolidated Water District will dedicate a road easement across the western portion of Tract C to the Town of Vail (approxirnataly 60 fleet from the westernmost end of the property) to be used for the future realignment of Vail Valley Drive (to connect with the South Frontage Road}. C. At the time of transfer of ownership of tyre property, the Vail Valley Consolidated Water District and their grantee will enter into an agreement with the Town of`ail to remove all above and below ground improvements on Tract C, with the exception of the eastern 15 feet of the 8-inch iron intake pipe, the 1 Q-inch iron pipe used to backwash the pump station and intake pipes, and the sewer manhole located along Vail Valley Drive. The agreement will be in terms that ors acceptable to the Town of Vai! and guarantee that such removal of improvements will be concluded within three years. The hale(s) resulting from the removal of below ground improvements will be fitted and the property will be regraded and revegetated according to a plan approved by the Town. D. The Vaii Valley Consolidated Water District has agreed that if the transfer of ownership of the raw water intake system and associated equipment (pump station, backwash pipe, vaults, etc.) to the Vail Recreation District has not been completed, ~ if the system is not able to become fully operational within three years from the date of approval of this Land Use Pian change, the raw water intake system and associated equipment will immedia#ely be removed at the expense of the Water District. E.. Prior to transfer of ownership of the property the Vail Valley Consolidated Water C~istrict Will preGpnt a lartric~p~nc~plazn for tt~n p~~mp s:atign va:~lts a^d a plan for the visual screening of the pipes located in Gore Creek to the Design Review Board for their review and approval. All improvements authorized by the Design Review Board will be instapsd by the Water District no later than .lone 3l), 1995. 2 ~ ~~ • INTRO©UCED, AEAD, APPROVED AND ADOPTED this 7'r'`day of ~~`+~-#995. r Margaret A. Osterfoss, Maydc~ ~;~ Holly McCutchean, Town Clerk 1levetyane W rdlfes 5, J C 3 ,~ ! MIIVIJTES NAIL TOWN COUNCIL MEETING May 16, I995 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, May 15,1995, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 6:30 P.M. MEMBERS PRESENT: Peggy Osterfass, Mayor Merv Lapin, Mayor Pra-Tem Tom Steinberg Paul Johnston Jan Strauch Jim Shearer TOWN OFFICIALS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pamela A. Brandmeyer, Assistant Town Manager Anne Wright on behalf of the Town Clerk MEMBERS ABSENT: ~ Sybill Navas The first item on the agenda was Citizen Participation, there was none. At this time Paul Johnston made a motion directing staff to prepare a supplemental appropriation of up to $25,000 for the Gypsum/Nail Express. Jim Shearer seconded the motion. A vote was taken and passed unanimously, 6-0. The second item on the agenda Ordinance No. 9, Series of 1995, first reading of an ordinance rezoning Tract C, Vail Village First Filing/967 Vail Valley Drive from the General Use Zone District to the Primary/Secondary Residential Zone District. Applicant: Pat Dauphinais. Jun Curnutte presented this Ordinance and noted that on February 27,1995, the Water District received Planning and Environmental Commission (PEC) review and approval of their request to change the Vail Land Use Plan designation of this property from park to Low Density Residential. On March 7, 1995, the Vail Town Council approved Resolution No. 5, Series of 1995 which authorized the change to the Vail Land Use Plan from Park to Law Density Residential. Resolution No. 5 contained five conditions which must be addressed by the applicant prior to the txansfer of ownership of the property. On April 10, 1995 the PEC unanimously approve the Water District's request to rezone Tract C from the General use district to the Primary/Secondary Residential Zone District (see attached staff memorandum to the PEC and draft copy of the meeting minutes from the April 10, 1995 PEC mewing.} Mayor Osterfoss read Ordinance No. 9, Series of 1995 in full. Jan Strauch made a motion to approve Ordinance No. 9, with a second by Paul Johnston. A vote was taken and passed, 5-T. Merv Lapin was opposed. The third 'item on the agenda Presentations by the three finalists of proposals for the Vail Commons development. 1. Loftus Development 2. City Market 3. The Gart Companies In conjunction with the Task Force and public, interview each development team after they have made their presentations. Fifteen minutes is allocated far each presentation, with the following 30 minutes reserved far questions. Since short-listing these three firms, each has received questions and comments about their original proposal. The proposals were reviewed earlier by the Council, Task Force, and community members on March 20, 1995 at thw open house and on April 4, 1995 at 1 v~ Tore Coasts EveNng N Ewa. bnsree Exhibit "C" ! ~ • a public hearing. Staff understands that the proposals presented tonight have been modified in response to the Town's comments. Affordable Housing Development Corporation dropped out. Merv Lapin stated a conflict of interest in this project and stepped down from the Council table at this time. 1. Presenters far Loftus Development were Randy McNichols, Co-Developer with Jim Loftus; Mike Mulhern, Architect, John B. Young, affordable housing consultant. ~. Presenters for City 1"viarket were John L. Caldwell, Director of Real Estate for City Market; Mark Donaldson, Architect; and Robert Warner, Warner Devel.,r..~ent. 3. Presenters for The Gart Companies were Steve Elkin, Tom Gant; Mark Humphreys, Architect. Presentations were made and questions asked from Council and the public. The fourth item on the agenda Town Council appeal of a PEC decision to approve a Conditional Use P~~.~~it that allows Type II Employee Housing Unit to be located at 12b Forest Road/Lots, Block 7, Vail Village 1st Filing. Applicant: Ron Byrne. Susan Connelly presented this appeal and noted that on May $,1995, the PEC approved with a condition (5-0-1, Greg Moffett abstained) a canditional use permit allowing a Type lI employee housing unit to be located at 126 Forest Road. Please see the memo to the PEC for additional background and the condition of approval. Jay Peterson was present on behalf of the applicant, Ran Byrne. Paul Johnston made a motion to uphold the PEC decision to approve a conditional use p~~~,at, with a second by Jim Shearer. A vote was taken and failed, 2-3. Merv Lapin, Tom Steinberg and Jan Stxauch being opposed. A motion was then made by Jan Strauch to uphold the PEC approval with the addition of a condition that in addition to the restrictions included in the Type II EHU deed restriction, the applicant agrees to future restrictions that the Town will adopt that pertain to deed restricted employee housing. Tom Steinberg seconded the motion. A vote was taken and passed, 41. Paul Johnston being ~~t,osed. The fifth item on the agenda was a Town Council. call-up of Design Review Board approval of Alpine Bank tenant finish at Crossroads Mall, east building (old Verbatim Bookstore location). At this time Merv Lapin stated a conflict of interest stirred down from the Council table. Susan Connelly presented this call-up and noted that on May 3,1995 the DRB approved a tenant finish and modification to the storefront exterior and arcade roof support columns. Since the Crossroads owners and tenants are in the process of upgrading exterior facades at the mall, the Council is requesting attention to several other maintenance items. jay Peterson let Council know that Alpine Bank was indeed the applicant for this project. John Young was present representing Alpine Bank. Jan Strauch made a motion to uphold the DRB approval of the Alpine Bank tenant finish at Crossroads Mall, with a second by jim Shearer. A vote was taken and passed unanimously, 5-0, with one abstention, Merv Lapin. 2 Vril Town CouneU $rardn~ b(aeti~ lfinulw 6/1~ The sixth Item on the agenda was the Town Manager's Report. 1\To additional • presentation was made. There being no further business,' Jim Shearer moved to ad}'Dorn at approximately 10:50 P.M. • Respectfully submitted, Mazgaret A. Qsterfoss, Mayor A i ~,~ST: d. Pamela A. Brandmeyer, Deputy Town Clerk Minutes fallen bl+ Moe Wright on behalf of the Town Clerk. ~'Nnrt~oe of artnn Ifdnidi>slo who ~ puigic opal m=y be inaooaak.) Voi1 Town Council Evening Meeting Mlnuta G/1eiB6 • ~ ~ MINUTES VAIL TOWN COUNCIL MEETING June 6, 1995 T:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 6, 1995, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at 7:3fl P.M. MEMBERS PRESENT: Peggy Osterfass, Mayor Merv Lapin, Mayor Pro-Tem Tam Steinberg Sybill Navas Jan Strauch Jim Shearer MEMBERS ABSENT: Paul Johnston TOWN OFFIClAC.S PRESENT: 13ob McLaurin, Town Manager 4 Tom Moorhead, Town Attorney Pamela A. Brandmeyer, Ass#. Town Manager Lori Aker, Deputy Town Clerk The first item on the agenda was Citizen Participation. Lou Meskimen expressed concern about the potential displacement of beavers at Bighorn Park. The beavers, if displaced, will pose the same or greater problem at another location. He suggested feeding the beavers with fallen or cut trees to help supplement their diet. He asked the Town to join him in keeping an eye on the situation. Rick Sackbauer, chairman of the Upper Eagle Valley Water District, read from a press release correcting a Denver news report which cited problems with Vail's water. He said the problems were actually occurring in the take Creek Water Dis#rict, 20 miles west of Vail. The Denver television station ran a retraction to correct the error and offered its apologies. Bill Kerig, Kent Rose, and Paul Gotthelf of the Eagle Valley Cycling Coalition presented the Council with a $1,000 check to be earmarked far completion of the Dowd Junction bike path. The coalition is dedicated to seeking a complete bike system throughout the Vail valley. Mayor Peggy Osterfass thanked the group for their donation to the Town of Vail. The second item on the agenda was the Mauri Nottingham Environmental Quality Awards Ceremony. This award was created to recognize outstanding environmental achievements and actions. There are three categories far the award: individual, business, and student. The three award winners are as follows: The Antlers of Vail (Business) fnr their fireplace conversion; Bill and Jean Johnson (Individual) far being the first to place land into the Eagle County Land Conservancy for perpetuity; and the Eagle Valley High School Bio-Building (Student); which is a building specifically dedicated to hydroponics and aquacuiture. Honorable mentions were also presented to Mike King far starting a recycling program at the Battle Mountain High School and to Kerry Donavan at student at Battle Mountain High Schoot for her river watch efforts. The third item on the agenda was the Consent Agenda: A. Approval of the Minutes for the meetings of May 2 and 16, 1995. B. Ordinance No. 9, Series of 1995, second reading of an ordinance rezoning Tract VaR Town Councl! Evening Meeting Minutes &/fiKJ5 Exh~biC "D" C, Vail Village First Filingl967 Vail Valley Drive from the General Use Zone District to the PrimarylSecondary Residential Zone District. Mayor Osterfass read the Consent Agenda in full. Merv Lapin moved to approve the Consent Agenda with a second by Steinberg. Lapin then amended his motion to approve the Minutes only (with corrections being made to the May 16, minutes "four" changed to "three" on the Vail Commons Developers item and the vote on item five corrected to state that Lapin abstained from voting} and that discussion vn Ordinance Na. 9 be held separately. Steinberg seconded this amended motion. A vote was taken and passed unanimously, 6-0. Ordinance No. 9, Series of 'l995. Jim Curnutte presented this item to the Council and handed out a memorandum from April 10, 1995, to the Planning and Environmental Gommission exp{aining the request to rezone Tract C, Vail Village 7th Filing from the General Use Zone District the PrimarylSecondary Residentia[ Zone District. Ann Repetti, Ralph Davis and Jim Lamont offered comments in opposition to this ordinance, Jan Strauch moved to approve Ordinance Na. 9, Series of 1995 on second reading, second by Steinberg. The motion passed 5W1, with iUlerv Lapin opposing. The fourth item on the agenda was fist reading of Ordinance No. 10, Series of 1995, Vail Recreation District {VRD} request to change the zoning from the Natural Area Preservation District to the General Use District for the Vail Golf Course Maintenance Facility located at 1278 Vail Valley Drive, Parcel E Vai! Valley 7th Filing. On Apri14, the Town Council unanimously approved changing the Vail Land Use Plan designation far this property from "Open Space" to "Public Semi Public." This zone change request is the second step in a three-step process that could enable the District to apply for a conditional use permit to remodel the facility. This maintenance facility is currently a legal non conforming use on property that is zoned Natural Area Preservation {NAP). The use of the site is non consistent with the zoning {the only permitted use in NAP is nature preserve} and has existed vn the site since 19fi6. The site is used for storage of fuel, equipment, and various supplies used to maintain the gaff course, If this amendment to the Land Use Flan is approved, the Town will consider rezoning these properties, along with others, to further protect open space and address conflicts between zoning and actual land use. On May 8, 1995, the Planning and Environmental Commission unanimously recommended the Town Council approve this zoning change. Russell Forrest presented this ordinance. Merv Lapin moved to approve Ordinance No. 1(l, Series of '# 995, an first reading, with a second by Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. The fifth item on the agenda was second reading of Ordinance No. 5, Series of 1995, an Animal Control and Carriage Operations Ordinance. Tom Moorhead and Bob Slagle presented this ordinance. This comprehensive animal control ordinance addresses carriage operations in addition to other animal issues. Tom Moorhead indicated the definition far "Training" had been revised to mean the education, instruction, or discipline of a dog that is being trained. Ne also indicated a typo which would be corrected. Citizen comments were received from Randy Guierro. Merv Lapin moved to approve Ordinance No. 5, Series of '1995, on second reading including the changes presented by Tom Moorhead, with a second by Jan Strauch. A vote was taken and the motion passed, 5-1, with Tom Steinberg opposing. The sixth item on the agenda was Resolution No. 13, Series of 1995, a request to change the Vaii Land Use Plan for 13 parcels of property throughout the Town of Vail from their current Land Use Plan designations to the Open Space and PublicfSemi- Public designations. RusseN Forrest and Jim Curnutte presented this Resolution. The Community Development Department is proposing tv change the Vail Land Use Plan designations of 13 properties throughout the Town of Vail. The reason far proposing the changes is to address inconsistencies between the actual use of these parcels and their current designation on the Land Use Plan rnap. On May 8, 1995, the Planning and Environmental Commission unanimously recommended approval of #his amendment to the Vail Land Use Plan. Citizen input was received from the following: 2 Vail Town Council Levaning Meeting Minutes 51fv35 ~ ~ Hermann Staufer, Peter Furstenberg, Douglas Hawkins, Bilf Wiito, John Mlliigan {representing the Mays family} and Jim Lamont, all in support. Merv Lapin moved to approve Resolution No. 13, Series of 199x, with the revision of adding to the propert}r list "Lot 10, Bighorn Subdivision", with a second by Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was an Audit Report Presentation. Jerry McMahan of McMahan & Associates, PC, together with Steve Thompson and Christine Anderson presented the audit report. McMahan indicated the audit was very "clean." Merv Lapin disclosed that Jerry McMahan is his personal CPA for Vail Securities. Lapin praised McMahan's work for the Town of Vail. However Lapin felt the Town of Vail should change who they hire to perform the audit every three ar more years. Bob McLaurin stated the Town of Vaii is currently in the first year of a three year contract with McMahan, and at the end of this term the Town will go out to bid again for another CPA. Merv Lapin moved to approve the 1994 Town of Vail Audit, with a second by Tom Steinberg. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was the Town Council appeal of a PEC decision to approve a Canditionai Use Permit to allow far the installation of an Automatic Teller Machine ATM) to be iacated at the Cie Vaii Place Building, 244 Wali Street, a part of Block 5C, Vaif Village First Filing. Jim Curnutte presented this item. On May 22, the PEC approved wikh two conditions a Conditional Use Permit to allow for the installation of an Automatic Teller Machine (ATM). Joe Miller, Assistant Vice President of First Bank and Jack Curtin, owner of One Vail Place, gave their comments to the Council. Lapin disclosed he was in negotiations with First Bank, but felt he was still eligible to vote an this item. Tom Steinberg moved to uphold the PEC decision allowing an ATM machine at 224 Wall Street, with a second by Jim Shearer. A vote was taken and the motion passed unanimously, fi-0. The ninth item on the agenda was to Appoint three Local Licensing Authority Members from the below list: Mary C. Zarba Ellen Schmitt Joseph Palaszynski Ben Irvin Davey Wilson Linda Fried Jeffrey S. Auxier Merv Lapin moved to appoint Mary C. Zarba, Ellen Schmitt, and Davey Wilson to the Local Licensing Authority each far twa year terms expiring in June 1997. This was seconded by Tom Steinberg. A vote was taken and the motion passed unanimously, fi- a. The tenth item on the agenda was the Town Manager's Report. Bob McLauren stated he would be out of Town June 10-2(?, 1995. There being no further business, Merv Lapin moved to adjourn at approximately 10:0 P.M. Respectfully submitted, ATTEST: l y.~ ~~~ Lori Aker, o h~~de~ ~~4;~c~.o~~o„~~ iNarnaa of cattalo IndlNduala wh~{~YNIMpIICIId'~aput may Ga Fnaxumla J Margaret A. Osterfoss, Mayor Vail Town Council l=vening Meeting Minutes 6!C~,195 ,i i i ORDINANCE NO. 19 Series of 1996 AN ORDINANCE CORRECTING ORDINANCE NO. 9, SERIES OF 1995, REZONING A PARCEL OF PROPERTY LEGALLY DESCRIBED AS TRACT C, VAIL VILLAGE SEVENTH FILING FROM GENERAL USE DISTRICT TO PRIMARYISECONDARY RESIDENTIAL DISTRICT. WHEREAS, Ordinance No. 9, Series of 1995, improperly referred to the property located at 967 Vail Valley Drive, Vail, Colorado, as being "Tract C, Vaii Village First Filing" rather than Tract C, Vail Village Seventh Fiiing; and WHEREAS, a review of Resolution No. 5, Series of 1995, modifying the Tawn of Vail Land Use Plan, the Minutes of May 16, 1995, and the Minutes of June 6, 1995, clearly show that the intention was to rezone Tract C, Vaii Village Seventh Filing; and WHEREAS, the Town of Vail Zanmg map properly reflects Tract C, Vaii Viliage Seventh Filing as being presently zoned PrimarylSecondary Residential District; and NOW, THEREFORE, BE IT ORDAINED f3Y THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1,~ That Ordinance No. 9, Series of 1995, incorrectly referred to "Tract C, Vail Village First Filing" rather than Tract C, Vail Viliage Seventh Filing. Section ~ The Town Council finds that the procedures for a provision of rezoning property in the Town of Vaii have been fulfilled, and the Town Council, in considering Ordinance No, 9, Series of 1995, received the report of recommendation from the Planning and Environmental Commission, recommending the rezoning of Tract C, Vail Village Seventh Fiiing. Section 3. Pursuant to Section 18.66.100 - 18.66.180 of the Vail Municipal Code, the parcel of property legaify described as Tract C, Vail Village Seventh Fiiing is zoned as Primary/Secondary Residentiai District. Section 4. As provided in the Town of Vaii, the zoning administrator is hereby directed to triodify and amend the official zoning map to include the zoning specified in Section 3 above. Section 5. If any part, section, subsection, sentence, clause ar phrase of this ordinance is for any reason held to be invaiid, such decision shall not effect the validity of the remaining portions of this Exh ib i ~ "E'• 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 6. The Town Council hereby Ends, determines and declares that this ordinance is necessary and proper far the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 7. The amendment of any provision of the Vaif Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed; any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shalk not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBE_1SHED ONCE IN FULL, this 15th day of October, 1996. A public hearing on this ordinance shall be held at the regular meeting of the Yawn Council of the Town of Vail, Colorado, on the 5th day of November, 1996, in the Municipal Building of the Town. Robert W. Armour, Mayor ATTEST: FEolly McCutcheon, Tawn Clerk INTRODUCED, READ, ADOPTED AND ENACTED pN SECpND READING AND ORDERED PUgL15HfD (1N FU~.L) (RY TITLE ONLY) THIS DAY OF , 1996. Robert W. Armour, Mayor ATTEST: Holly McCutcileon, Town Clerk f laveryonelardbrdt9,98 ~ ~~~......;z~ ~i ~ ~i D:C ~*Z pRgbo ~~~~,. ~~ ~- o 3 a' m N O ---` ) > _-.~... m (C~ (f1 ~ Q ~ ~ 6 o n. O Q O a ~ N Q. ~ o Q tr' ~ro 0 a~ ~~ o 0 o° n~ `~ ~~ ~, o . ~ 0 t9 (D ~. 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