HomeMy WebLinkAbout2001-22 Requesting an Initiative to Amend the Charter of the Town of Vail, Colorado, to be Placed on the November 6, 2001 Ballot, Changing the Text of Article V, Initiative and Referendum• •
ORDINANCE NO. 22
Series of 2001
AN ORDINANCE REQUESTING AN INITIATIVE TO AMEND THE CHARTER OF
THE TOWN OF VAIL, COLORADO, BE PLACED ON THE NOVEMBER 6, 2001
BALLOT, CHANGING THE TEXT OF ARTICLE V, INITIATIVE AND REFERENDUM.
WHEREAS, the Petitioners have circulated a petition and submitted said
petition, to the Vail Town Council to initiate the amendment of Article V of the
Home Rule Charter of the Town of Vail at the Regular Municipal Election to be
held on November 6, 2001; and
WHEREAS, the Town Council wishes to subrrait this amendment to the
Charter of the Town of Vail to the registered electors of the Town of Vail for
their vote at the next regular municipal election set for November 6, 2001 and
to set a ballot title for same.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, AS FOLLOWS:
1. The Ballot Title shall read:
SHALL THE CHARTER OF THE TOWN OF VAIL, COLORADO, BE
AMENDED TO CHANGE ARTICLE V, INITIATIVE AND
REFERENDUM, TO CHANGE THE LANGUAGE THAT REFERS TO
ORDINANCE; EXPANDING AND EXTENDING REFERENDUM FROM
ORDINANCE TO COUNCIL ACTION, WHICH INCLUDES AN
ORDINANCE, RESOLUTION OR MOTION, AND EXTENDING
CERTAIN DEADLINES.
2. Upon an affirmative vote of the registered electors of the Town of Vail,
Article V, Initiative and Referendum, Sections 5.1 through 5.8, shall
be amended to read as follows:
(if the proposal is adapted, the language having a °+..~~~*~oubk: will be deleted
and the language having an underline will be added)
ARTICLE V
INITIATIVE AND REFERENDUM
1
,~ Z.z~Zc+Q C
1 •
Section 5.1 -- General Authority:
r~
{a) Initiative. The registered electors of the town shall have the power to
propose azly ordinance to the council, in accordance with the provisions of this
article of the Charter. In the event council fails to adopt said proposed
ordinance without any change in substance, the said proposed ordinance shall
be submitted to the registered electors at a town election for their acceptance
or rejection.
(b) Referendum. The registered electors of the town shall have the power
to require reconsideration by the council of any ~rdina:~ council action. For
the nurnose hereof, "council action" is defined as either an ordinance. a
resolution or a motion. ~~; If the council fails to repeal rdira~e council
action so reconsidered, the electors of the town shall then have the power to
approve or reject ~ such council action at a town election, in accordance with
the provisions of this article of this Charter; provided that such power shall not
extend to the appropriation of any revenues, or council action calling a special
election, and any ordinance necessazy for the immediate preservation of the
public peace, health, or safety.
Section 5.2 -Commencement Of Proceedings; Petitioners' Committee; Affidavit:
Any five (5) registered electors may commence initiative or referendum
proceedings by filing with the town clerk within fifteen (151 days of council
action an affidavit stating they will constitute the petitioners' committee and be
responsible for circulating the petition and filing it in proper form stating their
names and addresses and specifying the addresses to which all notices to the
committee are to be sent and setting out in full the proposed initiative
ordinance or signing the ~e council action sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is filed, the clerk shall
2
~~~~~
~ • •
issue the appropriate petition blanks to the petitioners' committee.
Section 5.3 -Petitions:
(a) Number Of Signatures. Initiative petitions must be signed by
registered electors of the town in number to at least fifteen (15) percent of the
total number of electors registered to vote at the last regular municipal
election. Referendum petitions must be signed by registered electors of the
town equal in number to at least ten (10) percent of the total number of
electors registered to vote at the last regular municipal election.
(b) Form And Content. All pages of a petition shall be uniform in size and
style and shall be assembled as one instrument for filing. Each signature shall
be executed in ink or indelible pencil and shall be followed by the address of
the person signing. Petitions shall contain or have attached thereto throughout
their circulation the full text of the e~i-nano council action proposed or
sought to be reconsidered.
(c) Affidavit Of Circulator. Each page of a petition shall have attached to
it when filed an affidavit executed by the circulator thereof stating that he
personally circulated the petition, the number of signatures thereon, that all
signatures were affixed in his presence, that he believes them to be the genuine
signatures of the persons whose names they purport to be and that each signer
had an opportunity before signing to read the full text of the ordinance
proposed or sought to be reconsidered.
(d) Time For Filing Referendum Petitions. Referendum petitions must be
filed within 9} forty-five (45) days after adoption by the council of the
er~i~unce council action sought to be reconsidered.
Section 5.4 -- Procedures After Filing:
{a) Certificate Of Clerk; Amendment. Within ten (1Q) days after the
3
zaf.~oal
• • •
petition is filed, the town clerk shall complete a certificate as to its sufficiency,
specifying, if it is insufficient, the particulars wherein it is defective and shall
promptly send a copy of the certificate to the petitioners' committee by certified
mail. A petition certified insufficient for lack of the required number of valid
signatures may be amended once if the petitioners' committee files a notice of
intention to amend it with the clerk within two (2) days after receiving the copy
of his certificate and files a supplementary petition upon additional forms
within ten (10) days after receiving the copy of such certificate. Such
supplementary petition shall comply with the requirements of subsection (b)
and (c) of Section ~.3, and within five (5) days after it is filed the clerk shall
camplete a certificate as to the sufficiency of the petition as amended and
promptly send a copy of such certificate to the petitioners' committee by
certified mail as in the case of an original petition. If a petition or amended
petition is certified sufficient, or if a petition or amended petition is certified
insufficient and the petitioners' committee does not elect to amend or request
council review under subsection (b) of this section within the time required, the
clerk shall promptly present his certificate to the council, and the certificate
shall then be a final determination as to the sufficiency of the petition.
(b) Council Review. If a petition has been certified insufficient and the
petitioners' committee does not file notice of intention to amend it or if an
amended petition has been certified insufficient, the committee may, within two
(2) days after receiving the copy of such certificate, file a request that it be
reviewed by the council. The council shall review the certificate at its newt
meeting following the filing of such request and approve or disapprove it, and
the council's determination shall then be a final determination as to the
sufficiency of the petition.
(c) Gourt Review; New Petition. A final determination as to the
insufficicncy of a petitian shall be subject to court review. A final determination
4
z~~~a~
• • •
of insufficiency, even if sustained upon court review, shall not prejudice the
filing of a new petition for the same purpose. (Charter arnd. 9-16-1.997)
Section 5.5 -Referendum Petitions; Suspension Of Effect Cf 8rdir~ar ~ Council
Action:
When a referendum petition is filed with the town clerk, the erd~nan~
council action caught to be reconsidered shall be suspended from taking effect.
Such suspension shall terz-ninate when:
1. There is a final determination of insufficiency of the petition, or
2. The petitioners' committee withdraws the petition, ar
3. The council repeals the er~':~.a:~~ council action, or
4. Certification of a favorable vote of the town on the e. dir:;~i.~ council
action.
5. Emergency ordinances shall continue in effect unless the majority of
the council votes to suspend the ordinance pending the election.
Section 5.6 - Actions On Petitions:
(a) Action By Council. When an initiative or referendum petition has been
finally deterx-nined sufficient, the council shall promptly consider the proposed
initiative ordinance in the manner provided in Article 1V or reconsider the
referred ordinance by voting its repeal; provided, however, that the council
shall have power to change the detailed language of any proposed initiative
ordinance and to affix the title thereto, so long as the general character of the
measure will not be substantially altered; and provided further, that repeal of
any referred ordinance may be effected only by athree-fourths majority vote of
the entire council.
(b) Submission To Voters. The vote of the town an a proposed ^r r°~ ~-~-°''
ordinance or referred council action shall be held not less than 4h~.~ 9}
5
• • •
forty-five {451 days and not later than ninety {90) days from the date of the final
council vote thereon. if no regular town election is to be held within the period
prescribed in this subsection, the council shall provide for a special election;
otherwise, the vote shall be held at the same time as such regular election,
except that the council may at its discretion provide for a special election at an
earlier date within the prescribed period. Copies of the proposed ~ : ~~d
ordinances or referred council action shall be made available to the public
within a reasonable time before the election and also at the polls at the time of
the election.
(c) Withdrawal Of Petitions. An initiative or referendum petition may be
withdrawn at any time prior to the thirtieth (30th) day preceding the day
scheduled for a vote of the town by filing with the town clerk a request for
withdrawal signed by a majority of the petitioners' committee. With the consent
of the majority of the council and upon the filing of such request, the petition
shall have no further force or effect and all proceedings thereon shall be
terminated.
Section 5.7 -Submission By Council:
The council on its own motion shall have the power to submit at a
regular or special election any proposed ordinance or any question to a vote of
the registered electors.
Section 5.8 -Results Of Election:
(a) Initiative. if a majority of the registered electors voting on a proposed
initiative ordinance vote in its favor, it shall be considered adopted upon
certification of the election results. If conflicting ordinances are approved at the
same election, the one receiving the greatest number of affirmative votes shall
prevail to the extent of such conflict.
6
z z~~l
• • •
(b) Referendum. If a majority of the registered electors voting on a
referred e~d;r~c..i~:.ti council action vote against it, it shall be considered repealed
upon certification of the election results.
(c) An ordinance adopted by the electorate may not be amended or
repealed for a period of six (6) months after the date of the election at which it
was adapted, and an ardiri-a : ~ council action repealed by the electorate may
not be reenacted for a period of six (6) months after the date of the election at
which it was repealed; provided, however, that any ordinance or council action
may be adopted or amended or repealed at any time by appropriate referendum
ar initiative procedure in accordance with the foregoing provisions of this
article, or, if submitted to the electorate by the council on its own motion.
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 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.
5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 21st day of August, 2001. A public hearing
shall be held hereon on the this 21st day of August, 2001 at the regular meeting
of the Town Council of the Tnwn of Vail, Colorado, in the Municipal Building of the
Town.
7
z z`~oa/
~ .,,...^
r~,q,`,:.~~
~;_.,.
ATT `T: ,. ,.,....
rel i Donal son, Tov~rn Clerk
~~
.tc~',~
Ludwig KurF~ Mayor
C~
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED ix~ full this 4th day of September, 200,1.~ /
Ludwig, Mayo
ATTEST:
~~ ~~~~
L~ele~Donaldson, Town Clerk
;~
:, 1':6F:'.ill~
S
zz1~,,
•
~~
h
ro c
O ~
~ "`-
b ~ff~.
o ~
~ Q
r~ ~
N
w N•
e --~
M d
~~
~_
~ ~^
~ ~
O ~
0
Q
~~,
> ~
- -...- ~ Q
~s
o
w
~~
o ~
~~ ~
rS1
m
n
...a. ~ ~ ~ _ ~ m
~. ~ ~ ~. o
q _
~a~- ~ tQ 7 ~; Q ~ -n
m ro ~~o ~ ~ t'i
.
~ c~i ~ m ~ ° ~ ~- a ~' z Q O
'
Q
~
Q
~y
~,,,
~ 'R- N ~ Q Q ~
~
~ z ~, ~
~ ~ ~ ~ ~ ~ o ~ o ~ ~ m Q
t
.~l (i7
tD b ~ rA ~ ~ `G
d -~ Q
~ ~
fl Q m m c~ a m ~, ~
q
o
~ ?,- ~ ~ Q -
.
- -
~
~ ~ ~
m .~.
C/~
~ ~
{~ ~ N h ~ ~
~ ~
fl ~
~ ~
~ ~ ~
fl
~ O
~
~
3
~
] Q
~
Q.
p ~ q- ~ ~, ~ m Q ro
c~ ~,. ~ m Q -~,
n m m ~ ~ -~ ~
~
(
,~
~, N
~
~
~
' I
~ ff ~ ~
Q ~ Q
.. ~
a
~ ~
~
o q ~ CJ 4b ~ ~
~ ~ ~
_
~ ('3 C~D ~ ~ ~ ~. ~ rn
~• ~ ~ ~` ~ ~ fl ~ ~ A
~ ~ ~
~ ~ ~_ ~ ~
~ ~ CJh "~ {p Q ~ p
4
7
~
7 t5
c5
0
R,
c~N ~ ~~sQ~ 6Q ~
~ ~ ~ o m
a o
~
G
(~\)
V
.Z
Q
~ "'
(7
a 6
° a
O ~
Q
`~ a
~.~o
rr~r
m
~n °
-~ m
a 3
m
a
c~
-~
~Q
''--y_ _
~._
~.
N ~~
~ O
~~c
m
COQ
tD
o Q Q ~ o Q~ ~. ~, ~ c m
c~ ~ m Z
-- Q Q ~ ~ ~ ~ ~ a 3 ~ ~ D
p ~ ~ ~ O ~ Q- C? ~. m Q O
n N
m e m o ~- ~ o~ ~- ~ Q ~, o
c w -. X
~-r ~ Q ~ ~ ~ ~ C? ~ ~ ~}
~ ~ ~ io ro ~ -~ a. m Q u,
3 c ~m ~~° ~.~ -m
~. ~ ~~ ~ ~ ~ ro ~ ~
~. Q n
I~ ~~_~~o~~o~
Q~ fl~ Q Q~°~ Q
-„ ri ° ~ ° ~, n ~ Q ro
~ m m ~ ° ~- ~- -~
S;l ~ Q ~] z3 ~ Q ff cr-n
p ~ t4
~ ~ ~ ~ ~ ~
6 ~ I x o
o~ Ch cD ~~"' ~ N O 4 ~ r
~ ~ ~ O Q- t~3 ~ t~6 ~
~ ~
•
Q
0
C-n
C
'~
--~i
Z
'HE RkAL ESTATE TRANSFER
FTHE 2041 BUdGET FOR THE
F VAIL, COLORADO; AND
NGTNE EXPENDITURES OF
OPRIATIDNS AB SET FORTH
ID SETTING FORTH DETAILS
REOARD THERETO.
~, conlinganclas have arisen dur-
~ear 2001 which could not have
ly foreseen or anticipated by the
tt the time It enacted Ordinance
rf 2000, adopsing the 2401.8utlgel
'Ian for Iha Tawn of Vall, Colors-
, 1ho Town Manager has tort{Sled
;ouncik that sufficient funds are
:harga the eppropr4atlons referred
dh Hulse redacted In the Budget,
d[~Seallon 9.t0(a) of the Charter
all; and,
In ardor to accomplish the foro•
Council finds that II should make
rental appraprlatlons and budget
eatfarlh herein.
)BEFORE, BE IT ORDAINED, BY
rUNCIL OF TiiE TOWN OF VAIL,
~ Socllon 9.10{al of the Churser ofi
sit, Colorado, the Town Caundl
he following supplamantel appro-
~udget adjuatmenta for the 2041
ienclal Plan for ilia Tpwn at Vait,
tuthodzea the expenditure of sold
is tollowa:
AMOUNT
$1,694,205
is Fund {749,371
ansferTaxFund (3,209,440
($2,224,606
., sectlott, subsecticn, sentence,
e o1 this ordinance Is for any rea-
nvalid, such daclslon shall not a1-
ol the remaining portions of this
the Tawn Council hereby de-
have passed this ordinance, and
ion, aubeacllon, sentence, clause
of, regardfeae o1 the tact that any
rtssectlona, subsections, aenlen-
phrasea be declared Invalid.
3.
~ouncll hereby finds, determines,
st this ordinance Is necessary and
ieallh, seiety, and welfare of the
f the inhabhants thereof.
or the ropeal and reenactment of
f Iha Munictpat Gallo of the Town
fed in this ordinance shall noT af-
vhlch has accrued, any duty Im•
atlon That occurred prior to the eb
eat, any proeacuflan commenced,
action ar proceedings as com-
er by virtue o1 Iha prevision re-
nted and raenecled, The repeal of
Hereby shall Hat revive any provi-
Inanca previously repealed or su-
s expressly stated heroin.
orders, resolutions, and ardinen-
hereoF, Inconelstent herewith are
extend onlyy of such Inconsisten-
~r shalt not bo construed io revise
r, rasallrtlon, or ordinance, or part
'ore repealed.
'ED, READ, APPRUVED ANb
~BLI5H>~D ONCE iN FULL pN
JG this 4th day of 5eptomber,
~bllc hearing shall be held on this
he 18th day of 9a tembar, 20b1,
the Council Chamktera of the Vail
rig, Vaik, GOIOrado.
TOWN OF VAIL
Ludwig Kurz
a or
AFTE T:
Lorelei ponatdson
Town Clerk
dished fn Fha Vall Tlall
t September 7, 2001
biic Notice
iFtDINANCE N0.22
Series of 2001
INANGE REgUESTiNG AN
O AMENDTHE CHARTER OF
sucmir mis amenomam ro the cnaner or me
Town of Vali to the registered electors of the
Town of Vail for their vole at the next regular mu-
nicipal aleciion set for November 6, 2001 and to
sat a ballot tits for same,
NOW, THEREFORE, BE IT ORDAINED HY
THE TOWN COUNCIL OF 7HE TOWN OF VAIL,
COLORA00, AS FOLLOWS:
SECTION 1.
The Ballot Title shall read:
SHALL THE CHARTER OF THE TOWN OF
VAIL, COLORADD, BE AMENDED TO CHANGE
ARTICLE V, INITIATIVE AND REFERENDUM,
TO CHANGE THE LANGUAGE THAT REFERS
TO DRDINANCE; EXPANDING AND EXTEND-
ING REFERENDUM FROM ORDINANCE TO
COUNCIL ACTION, WHICH INCLUDES AN OR-
DINANCE, RESOLUTION DR MOTION, AND
EXTENDfNG CERTAIN DEApLINES.
SECTION 2.
Upon an affirmative vote of the registered
electors of ilia Town of Vaff, Article V, Inltlative
and Referendum, Sections 5.1 through 5.6, shall
be amended to read as follows:
{if the ro Deal Is adopted, the language
having a ~ will be deleted and the
language having an underline will be added)
ARTICLE V
INITIATIVE AND REFERENDUM
Section 5.1 - Ganoral Authority:
{a} tnl[lative. The registered electors of She
town shall have the power to propose any ordi-
nance to the council, in accordance with the prc-
vislons a! this article of Fha Charter, in the event
council falls Ic adopt said proposed ordinance
without any change in substance, the said pro-
posed ardlnanca shaft be submitted 1o the regis-
tered electors et a town electicn for their accept-
anca or rejection.
{b) Referendum. Tha registered electors of
the Sawn shalt have [he power to require racon-
sideretlon by the councA at any : ~~:: • , , s8unrdl
~@jipn. Fnr rhg nuroose ft@rQpf. "go{Inck action" is
defined as either an ordinanca_ a Le4oludon or a
p1Qijgg, (rwdr If the council fake to repeal en-er~~
gYROe cauncit action so reconsitleretl, ilia afar:-
a tf;a nny~ to ap•
prove or reject X such council action at a town
electicn, In accordance with the provisions of this
arllda of this Charter; provided that such power
shall not extend to rho appropriation of anyy reve-
nues, or council action calling a special election,
and any ordinance necessary for the Immediate
preservation of the public peace, health, or sate-
ry
Section 5,2 -Commencement Of Proceed-
ings; Petitioners' Commidee; Affidavit:
Any Fiva (5) registered electors may com•
manta Inltlative or refefendum proceedings by fib
ing with the town clerk wiifiln tlHngn {1R1 rlttvs nt
ccunctl action an affidavit stating theyy will oonsti-
lute the petkioners' committee end be responsi-
ble for circulating the petition and filling it in prop-
er form stating their names and addresses and
specitying the addresses to which all noticos to
the commltteo are to be sent and saHing out to
full the proposed Initiative ordinance or signing
the eripaaaee ggypSEj prior} Bought to be recon-
sidered. Promptly attar Iha affidavit of the petitio-
ners' committee is Filed, the clerk shall issue the
appropriate petition blanks to the petitioners'
cornmlttee.
Section 5.3 - Petitions:
{a} Number Of Slgnaturos. Inittatlv8 petitions
must be slgnetl by reggistered electors of the town
In number to at least HReen (15) percent of the to-
tal number of electors registered to vote et the
last regular munlcipat elactlon. Referendum pati-
tlons must be signed byy registered electors of the
Sown equal in number fo at leas[ ten (30) percent
of the total number of electors registered to vole
at the last regular municipal election.
(b) Form And Content. All pages of a pafition
shall be uniform in size and style and shall be as-
sembled as one Instrument [or fliing. Each signa-
ture shall be executed In Ink or Indelible pencil
antl shall bs followed by the address of the per-
son signing. Pelltiona shall contain or have at-
tachatl thereto throughout their clmulation ilia full
text of the orrtNraPrre cntmcil gctfon praposatl or
sought to be reconstderatl.
(c) AHldavlt Of Circulator. Each page ofa pe-
tition shall have attached Fo ii when filed an affi-
davit executed by the circulator thereof stating
that he personally c{rculated the potltlon, the
number of elgnaturas thereon, that at1 s3gnatur~s
were affixed in hie presence, that he believes
Iham to be the genuine signatures df the persons
whose names they purport [o be and that each
signer had an opportunity be'tore signing to read
the tail text of [ha ordinance proposed or sought
lc be reconsidered.
{d} Time For Firing Referendum Petticns.
Raforondum petitions must be filed within thk{1'
(a9 (pr -[)va fy~( days after adoption by [he
council o! the cr9raarwe rnanrh action scught to
ba reconsidered,
r~~man
"The vital measure
of a newspaper
is not its size but its spirit."
- Anchor Hays Sulzberger
recewmg me Dopy ar ms cenwcata aria mss a
supplementary petition upon additional forms
within ten 10) days after receiving the copy of
such cart' cote. Such supplementary patkion
shall comply with fire requirements of subsection
(b) and (c) of Section 5.3, and within five {5) days
after it is filed the clork shall complete a certifl-
cato es to the sufficiency of the petition as
amended and promptly send a copy of such cer-
tificate to the petitioners' commidee by certified
mail as in ilia case of an original petition. If a peti-
tion or amended petition Is certified sufficient, or iF
a petition or amended patkion is certified insuffi-
cient and the petitioners' committee does not
elect to amend or request council review under
gubsection (b) of this section within the lime re-
quired, the clork shall promptly present his certki-
cats to fhe council, and the certificate shall then
be a final determination as to the sufficiency of
the petition.
(b) Council Review. If a patkion has bean
certified insufficient and the petitioners' commit-
tee does not file Halite of Intention to amend it or
rf an amended petition has been certified insuHi-
cient, the committee may, within Iwo {2) days af-
ter receiving the copy of such certificate, file a re-,
quest that it be reviewed by the council. The
council shall review fhe certificate at its next
meeting following ilia fliing of such request and
approve or disapprove it, and the counciFS deter-
mination shall Then be a final determination as to
the sutticlency of the petition.
(c) Court Review; New Petition. A final deter-
mination as to the insufffciency of a petition shall
be subject to court review. A final determination
of insuHlclsncy, even If sustained upon Hour! re-
view, shall not prejudice the filing of a Haw peti-
tion for the same purpose. (Charter amd. 9-16-
1997)
Section 5.5 -Referendum Petitions; Suspen-
sion Of Effect Of 9r8inanee Council gctlorj~
When a referendum patkion Is tijed with the
town clerk, tine ~ ~~:: ,.,:: rnunr•.il ryminp Sought tc
be reconsidered shalt be suspended from~Eaking
effect. Such suspension shall terminate when:
1. There is a final determination o1 insuffi-
ciency o1 the petition, or
2. The petitioners' committee wkhdraws the
petition, ar
3. The council repeal. the erdiweaea council
31SJ1Q71, oY .'
4. Certification of a favorable vote of the
town an Hie eta,rva,."".94lrOS'P A~IPp,
5. Emergency ordinances shall continue in
effect unless the majority of the council votes Eo
suspend the ordinance pending the election.
Section 5.8 -Actions On Petitions:
(a) Action By Council. When an initiative or
referendum petition has been finally determined
sufficient, the council shall promptly consider the
proposed Initiative ordinance to the manner pro-
vided in Article IV or reconsider the referred ordi-
nance by eating its repeal; provided, however,
that the council shall have power to change the
detailed language at any proposed Initiative ordl-
nanco and to affix the title thereto, so long as the
general character of ilia measure will not a sub-
stantially altered; and provided further, that re-
peal of anyy referred: ardlnanca may be effec[e.d
only byy a ttirae•Tourths majority vote of fhe entire
douncil.
(b} Submission To Voters. Tha vote of the
town on a proposed eE-referred ordinance Q~_ra.
igrrad r~un{:q $rring shall be held not less than
tpx4q~-4ae) rorty-rive ra±~t days and not later than
ninety (94) days from the date of the ftna! council
vats thereon. If no regular town election Is to be
held within the pericd pescrbed In This subsec•
11on, the council shalt provide for a speclaf elec-
tion; otherwise, the vote shall be herd at the same
time as such regular election, except that the
council may at ks discretion proylde for a special
election at an earlle'a date within [he prescribed
perlotl. Copies of the proposed er.•referresl ordl-
nanCea or refasred rnunrfl ~etion shall be made
available 1o the public within a reasonable time
before the election and also at the polls at the
time of the election.
(c) WlShdrawal Of Petikvns. An initiative or
referendum pettion may be withdrawn at any
time prior to the thirtlath (30th) day preceding the
day scheduled Ear a vote of ilia Town by Tiling with
the town clerk a request for.wllhdrAwel signed by
a majority o! the petitioners' commiHaa. With the
consen! of the majority of the council and upon
the tiling of such request, the petitidn• shall have
no further farce or effect and all proceedings
thereon shall be terminated.
Section 5.7 - Submission By Council:
The council on its own motion shall have the
power to submit at a regular or special election
any proposed ardlnanca or any question to a vote
01 the registered electors.
Section 5.6 - Rasulta Of Election:
(a} Initiative. If a majority of the registered
electors voting on a proposed initlatlve ordinance
vote In i!s favor, It shall ba considered adopted
upon certification of the election results. If con•
Flitting ordinances are approved at [he same
election, the one receiving the greatest number of
affirmative votes shall prevail to the extent of
such ocnflict.
(b} Rotarendum. St a majority of the regis-
tered electors voting on a referred erc7iraas•ea
(:nunri).agljQp vote against it, it shall be consid-
ered repealed upon cerlltication of the election
results.
{c) An ordinance adopted by the electorate
may Hat be amended or repealed tar a period of
six {8} months after the date of the election at
which it was adopted, and aq-erdinewee rB.ggrjt
agt;ail repealed by the efectorate'may not be re-
enacted for a period of six (B) months after the
date of the election at which k was repealed; pro-
vided, however, that any ordinance or council ac-
Iltl(t may be adopted or amended or repealed at
any time by appropriate referendum or Intiative
procedure In accordance with the faregoing provi-
sions of this article, or, If submitted to the e~ector-
ate bythe council on its own motlbn.
SECTION 3.
Tha Tawn Council hereby finds, determines
and declares that this ordinance Is necessary and
proper for the health, safety and welfare of the
Town of Vafl and the inhabitants thereof.
SECTION 4.
The repeat ar Fhe repeal and reenactment of
an provision of the Vafl Municipal Code as pro-
vided in this ordinance shalt not affect any rigght
which has accrued, any duty imposed, any viola-
tion that occurred prior to the effective date here-
of, any prosecuticn commenced, nor any other
action or proceeding as commenced uhder ar by
virtue of the provisicn repealed or repealed and
reenacted. The repeat of any provision hereby
shaft not r8vlva any provision or any ordinance
previously repealed or superseded unless ex-
pressly staled herein.
ann a pubuc neflring 9ha11 be held on this Ordi
nonce on lhe'4th day of September, 2001 ai 7:00
p•m• fn the Gounclf Chambers of the Vail Munici-
pal Building, Vail, Colorado.
- TDWN pF VAIL
Ludwig Kurz
Mayor
ATTEST:
Lorelei Donaldson
Town Clerk
INTRODUCED, READ ON SECOND READ-
ING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL this 4th day of September, 200#.
Published in The Vatf Trail
on September 7, 2401
Public Notice
ORDINANCE N0.2S
Serlea 012001
AN ORDINANCE APPOINTfNG THE VAEL
LOQAL HOUSING AUTHORITY AS SPECIAL
FFOUCIARY AGENTTO IMPLEMENTTHE
MOUNTAIN BELL PROJECT
WHEREAS, Iha Town Council of the Town of
Vail racognlzad iha,pead for a housing authority
and by passage of Resolution No. 25 Series of
1990, created the Vall Local Housing Authority in
accordance with Colorado law; and
WHEREAS, the Town Council of the Tawn of
Vail, acting ex-officio, as the'Vall Lvpal Housing
Au0ior4ry Issued a request for proposaftore rent-
al development for employees working in the Vail
Valley and a' permanent facility for a chitd~ educa-
tion canter; and
WHEREAS, the request tar proposal solicit-
ed'bids for a developer to design, develop, touitd,
own {sub]act to land lease) operate and maintain
such protect; and
WHEREAS, the Town Council apppaimed
new members of [he Vail Local Hvusing Authari-
iy (VLHA) pursuant to Colorado law to completo
and implement the project; and
WHEREAS, the VLHA Is owner representa-
tive for the Town of Vall with respect to a r1lon
of the Mountain Bell Slte owned by the T~n of
Vail; and
WHEREAS, the VLHA was asked by rho
Town of Vail to complete ilia request for proposal
process, select the developer and negotiate, con-
summate and manage a Development Agree-
ment for the project; antl
WHEREAS, the VLHA requires authority
from rho Town Ccuncll to act as the Town's own•
er representative, to complete the Development
Agreement and to implement Its terms with the
Developer; end
WHEREAS, the Development AgreAmen[
w311 provide that the project require approval by
the Town for conformance with ak .public appro-
vals Indsppenden! of the other a resments cov-
ered inthis Ordinance ((PEC, DRB .
NOW. THEREFOIE. BE !T RDAINE^ BY
THE TOWN COUNCIL OF THE TOWN OF VAEL,
COLORADO-that:
SECTION 1. '
The Vaii Local Housing Authority is hereby
appointed as Special Fiduciary Agent to:
a. Implement the terms of the Development
Agreement for tine development of Ehe Project
dated August 30, 2001, and executed by VLHA
on behalf of the Town;
b. In accordance with the Development
Agreement, make, enter Into, execute and per-
form on behalf of the Town, the Land Lease and
Deed Restriction pursuant to the terms of the De-
vetopmsnt Agrosment and In accordance with the
goals of the Town set forth In the RFP;
c. Generally, to monitor and enforce, on be-
half of the Town, the ongoing compliance of file
Developer under the Deve~opmeat Agreement,
the Land Lease and the Deed Restriction.
SECTION 2.
The Town Council hereby ratifies and appro-
ves the Development Agreement dated August
34, 2001, and executed by VLHA.
SECTION 3.
To provide a process to ensure ongting
compliance and communication between VLHA
antl the Town Council regarding any disputes
cancerning VLHA's spacial agency, the Town's
review of such performance shall incorporate the
following medlallon and arbitretlon process:
If a dispute arises out of pr relates to this pr-
dinanco, and d the dlspate cannot be Baffled
'through nagotlation, the Parties agree first to try
in good faith to settle the dispute by non-bintling
mediation administered by a mediator mutual)yy
seleclad py the Parties prior to resorting to bind-
ing arblVation or litigation. In the event the Par•
ties cannot agree upon a mediator, the madlattan
shaft ba administered through the American Arb4-
tration Assaclation. Any conlraversy or claim aris-
ing out of or rotating to this appointment as spe-
cial agent, which cannot be resolved by the
aforesaid mediation shall be Battled by binding
arbitretlon administered by !hs American Arbltra-
tion Association under its Commercial Arbitration
Rules, and judgment on the award rendered by
the arbitre[or(s} may be entered in any court hav-
ing jurisdiction tharecl. It a dlspate arises priorlo
complelEon of the Project, tc the extent pracbca-
ble the work shall continue unabated white the
dispute Is being resolved.
SECTION 4.
II an art section subsection sentence
clause or phrase of this ordinance is tar any res-
son held to be invalid, such decision shall not ef-
fect the validity of the remaining portions of this
ordinance; and 'the Town Council hereby de-
clares it would have passed this ordinance, and
each part, section, subsection, sentence, clause
or phrase thereof, regardless of the tact that any
one or more parts, sections, subsections, senten-
ces, clausa5 or phrases ba declared invalid.
slon or any ordinance previous
perseded unless expressly stall
SECTION 6.
All bylaws, orders, resoluti
ces, or parts thereof, inconsi;
repealed to the extent only of s
This repealer shall not be tenet
bylaw, order, resolution, ar o
thareoi, theretofore repealed.
INTRODUCED, READ, /
ORDERED PUBLISHED ON(
FIRST READINQ this 4th dE
2001 and a public hearing she
Ordinance on the 18th day of
at 7:00 p.m. in the Council Cliff
Municipal Building, Vail, Colorer
Published In Tha Vs
on September 7,
Public Nt
PLANNING Ai+
ENVIRONMENTAL CDI
PUBLIC MEETING SC
Monday, September
Public Hearin
Town Ccuncll Chamber
5. A reqquest for a varlancr
sD-6, Vall Tawn Code, to ally
within required setbacks, locatr
Lanellot 7, Block 1, Gore Creel
Applicant: John Kuchar re
vid Irwin
Planner: Allleari Ochs
2. A request For a text a
Public Accommodation zone d
fhe addition of automotive ser
accessory "convenience" retell
use; a request for a rezaningg I
ice" to "Public Accommodatlor
request for the estahlishment r
opment district; a request for
permit tv allow for the operatlor
service station with accessory
tall}; a request r e conddtiona
low For the construction of a
club; and a request for a condltl
allow for the construction of "
housing unks, located at 28
RoadlLot A, Veil Village Seconc
Applicant: Alpine Vanturei
Fritzlen Pierce Architects
Planner. Brent Wilson
3. A request for a major
quest to amend the Vall Lt
change the deslgnatlon from
"High Density Residential", an
rozoning tram "Natural Area Pn
to "Housing Zone District" to a
oilmen[ of employee housing a1
Mountain Bell, totaled nn an
property at 160 North I°rontag
plate metes and hounds legal c
able at the Department of Ga
merit.
Applicant: Tawn of Vak I
represented b Odell Architects
Planner: Allison Ochs
4. A request for a razonln~q
vefo~rment Ufstrlct No. 14" to I
trlnt located at Timber Ridgge 4
Frontage Road WasULots C•1'
Bridge Filing No. 1.
Appllcant:Town of Vatl
Planner: Allison Ocha .
5. A request for a final reti
mendatlon to the Vall Town Cq
r visions to Tllle 14 (Developp
Jell Town Code, regarding th
materials within ilia Town of
forth detaks In regard thereto,
Applicant: Town of Vail
Planner: BIII Gibson
8. A requeah for a final rat
mendatlon to the Vail Town Cr
of Vall's proposed amendmer
Vaff Streetscapa Master F
East/Wast Meadow Drive, Vail l
Applicant: Town of Vall
Planner: George Rather
TABLED UNTIL OCTOBE'
7. A request for a condltk
allow for ilia construction of a
the `schoolhouse located at
DrIvelPed of Tract A, Vall Villagge
Appticanl: Vail Alpine G
represented b Ry Southard
Planner: Ann Kjerulf
WITHDRAWN
B. Approval of August 27,
9. Iniormatlon Update
Tha appllcatlons and Into
proposals are avalable for puk
ing regular office hours in the pp
lice located at the Town of Vr
velapment Dapartment, 75 Sot
Tha publicis~lnvked to attend
and the site visits thaE precede
In the Town of Vall Community
partmant. Please call 473-21;
Sign Ianguaga Interpretmlon
quest with 24-hour notificatlar
2356, Telephone for the Hearer
formation.
COMMtiN1T
Published In The V
on September 7,
~~~~ ~.~.~ ~ ~, ~ Interest®d
~~~~ in property
the Vait Va
THE VAIL TI~aII. ~ SEP'I'EtVIHEI~ 7-13, X04
hrissy 970 284-602
I PRO E IES,INC
sad trampoline and frame.
to In good (usable) cond!-
k6 Ot 827-9304.
HI-PROFIT
)DING ROUTE
y Big $$ -Must Sell!
-571-0225 - Exfi, 231
~n~~ie~ DLN~ron~
12EAL EST/1TE •3
[NESS BROKERS
Yl[~1t; OlZ S81.LENG7
5E CALL ED MAI-E.ET[
(9701926-7990
27 - EDWARDS, CO B1G32
I ~ ~ 1
~! MAXIMA SF. 4 door, V6,
AC, owdr, sunroof, stereo.
$18617. (970) 376-5749
DA RX-7 CONVERTIBLE -
s. Compact disc. Good run-
itlon, but does need tires.
1926-2758 ovonings or 328-
iUNbA ACCC~t'2D ~XI
328-7245 desyys) or
26-2758 (n ghts)
ROLE7 ASTRq VAN - 4 wheel
matte. Low mileage. Needs
airs. Ones ownac Has two
js, $7600. Cpll 3?_8-7245 days
3 evenin~js.
e Durango Xu, Great con-
, CD player, A/C, Power
all 476-6349
SPACE TO WORK FOR YOU
fH A CLASSIFIED AD!
Call 328-7245
iblic Notice
ORDINANCE N0.21
trerlea of 2001
iANCE A PTiN6 A REVISED
r0 DEVEL PMENT PLAN FOR
EVELOPMBNT DISTRICT NO, B,
1Qf: INN PHA8E IV,TO ALLOW
CONBTF~UCTION OFTHE VAIL
IOTEL• AND SETTING FORTH
ILS fN REL~ARDTHERETO.
s5, In 1976, the Vell Town Ccuncil
lento No. 7, Series of 1978, astab-
tl Development plstrlcl No. 8, Vall
id
iS, 9ecllon 12.9A-16 of the Zcningg
ermile major amendments to prevl•
ad Development Plans for Special
Dlslrivis; and
tS, Daymer Corporation, as owner
IV property, hen aubmlHad an appll-
Ivised ma or amondment io Special
Dlstdct Nc. 6, Vall Village Inn,
iS, Iha purpose o1 this ordinance Is
er . er v ran env nos suummea cs
recommendation of approval and findings to the
Vsll Tawn Council; and
WHEREAS, all publlc notices as required by
the Town of Vall Coda have bean publ{sfied and
sent to the a ropriate parties; and
WHEREAS, the Vail Town Council considers
II In the best interest o1 the public health, 6afvly,
end weffare to adopt the revised Approved Devell•
opmen! Plan far Speclal Development DlstrlM No.
6, Vast VlBaga Inn, Phase IV, Vatl Plaza Hotel;
and
WHEREAS, the approval of the major
amendment to Special Development District No.
8, Vail Village Inn, Phases IV, Vell Plaza Hotel and
the development standards in regard (hereto
shall not establish precedenF or entitlements else-
wherewithin the Town of Vall.
NOW, THEREFORE, BE IT ORDAINED BY
THE TOWN COUNCIL OFTHE TOWN DF VAIL,
COLDRgDO, THAT:
SECTION 1.
Purpose of iha Ordinance
The purpose of Ordinance No. 21, Series of
2001, Is to adopt a revFSed Approved Oavelop-
ment Pian for Speclal Development Dlsirici Nd. 6,
Vail Village Inn, Phase IV, Vail Plaza Hotel. Tha
Approved Development Plans for Phases I, III
and V remain approved and unchanged !or the
devalopmant of Special Development pistrict No.
fi wllhin the Town of Vah, unless they have other-
wise expired. Only the Approved Development
Plan for Phaso IV, the Vall Plaza Hotel is hereby
amended and adopted. _
SECTION 2.
Amendment Procedures Fulfilled, Planning
Commission Report
The approval pprocedures described in Sec
lion 12-9A of iha Vall Municipal Coda have bean
fulfilled, and the Vall Town Council has received
the recommendation of iha Planning and Envi-
ronmental Commission for a major amendment 10
the Approved Development Plan for Special De-
velopment District No. 8. Vail Village Inn, Phase
IV, Vall Plaza Hotel. Requests for amendments
to the Approved Development Plan shall follow
tfite procedures outlined in Section 12-9A of the
Veil Municipal Cade.
SECTION 3.
Special Revelopmant District No, 6
The Speclal Development ^istrict and the
major amendment to the Approved Development
Plan far Phaso IV are established to assure com-
prehensive devalopmant and use o1 the area In a
manner that would be harmanlous with the gen-
eral character of iha Town, provide adequate
open space and recreation amenities, and prc-
maty the foals, objectives and policies of the
Town of Vail Comprahensiva Plan. Special De-
velopment District No. 6 is regarded as being
complementary to iha Town of Vall by the Vaii
Town Council and the Planning and Environmen-
!al Commissicn, and has bean established since
!hare are slgnllicant aspects o} the Special Devel-
opment District thaE cannot be satisfied thrcugh
the Imposition of iha standard Public Accommo-
dation zpne district requirements.
SECTION 4.
Development Standards -Speclal Deveiop-
mant District No~ 6, Vail Village Inn, Phase IV,
Veil Plaza Hotel
Development Flan-
The Approved Development Plan for Special
Development District No. 6, Vail Village Inn,
Phase IV, Vail Plaza Hotel shall include the fol-
lowing plans and metedats prepared by Zehren
and Associates, inc., dated April 4, 2000 and
stamped approved by fho Town of Vail, dated
April 16, 2600:
ns may be further revised by the Town o1
Vaii eaten Review Boardp
Site Illustrative Plan
Site Vkgnettes Koy Plan (Holed 'for illustra-
tion purposes only")
Site Vignettes
She Plen (revised)
Leval Minus Two
Level Minus Ona
Level Zero
Level One
Leval Dna and 112
Level Two
Level Three
Level Fvur
Level Flva
Level SiX
Roof Pian
Root Plan (Mechanical Equipment)
Street Sections (Vail Road ElevahonlNOrth
Fromage Road Elevaticn}
Plaza Sections (South Plaza EievatioNEast
Plaza Elevation
Bu]Iding A levalions
Building A Sections
Building B Elevations
Building B Sections
Building Height Plan 1 (Absolute Haightslln-
larpolatad Contours)
Dukldingg Height Pian 2 {Maximum Height
Above Gradellntarpofated Contours)
Pool Study {Pool Sections)
Vail Road f etback Study
Leading and Delivery plan
Street Entry 5ludles (Vaii RoadlSouth Front-
age Road
Sun tudy
Landscape Improvamenta Plan
Off-she Impprovements Plan
PermiHed Usas -
The permitted uses in Phase IV of Speclal
Development District No.6 shall be as set forth in
Section t 2-7 of Ehe Vall Town Code.
Condltlonat Usas -
Condltional uses for Phase IV shall be sat
inrth in Section 12.7A-9 of the Town of Vail Zon-
ing Regulations. All conditional uses shall be ra-
viowed per the procdClures as outlined In CFfFlptar
12-16 of Iha Town o1 Vall Zoning R ulatlons.
Denshy -Units per Acre -Dwelling Units, Ac-
commodation Units, and Fractional Fee Club
UnIFs
The number c1 units permitted In Phaso IV
shall not exceed the following:
Dwelling Unite- i
Acctlmmodatton Units - 99
Fraclionef Fee Club Units - 5g
pe III Employee Housingg Unhs - 1 B
( employee bed3 tvtaling 9,818 square
feat of floor area)
DeneHy -Floor Area
The gross residential fiocr area (GRFA),
rbmman area and commerclel square toot~ge
permlHed for Phase iV shall be as set forth In the
Approved Davabpment Plans referenced In Soc•
flan 4 of this ordinance.
Setbacks -
Raquired selbadts for Phase IV shall be es
a ra coverage
The maximum allowable site coverage for
Phase IV shall ha as set forth in the Approved
Developpment Plans referenced in Section 0. of
this ordinance.
Landscaping-
The minimum landscape area requirement
for Phaso IV shall be as sat forth in the Approved
Davelopman[ Plans referenced in Section 4 of
this ordinance.
Parking and Loading -
The required number of off-street parking
spaces and loadingldelivery berths for Phaso !V
shall be provided asset forth in the Approved De-
votopment Plans referenced in Section 4 of this
ordinance. In tic instance shall Vail Road or the
south Frontage Road be used for foadingfdefiv
ery or guest drop-offlpick-up without the prior
wntten approval of fho Town at Vah. The required
parking spaces shall not be individually sold,
transferred, leased, conveyed, rented or restrict-
ed to any person other than a Tenant, occupant or
user of the bulldmg for which the sppace, s aces
or area are required tc be provided by the Zoning
Regulations or ordinances of the Town. The fore-
going language shall not prohibit the temporary
use of the parking spaces for events or uses out-
slde of the building, subject to the approval ai the
Town of Vail.
SECTION 5.
Appproval Agreements for Speclal Davalop-
ment Ulstrict No. 6, Phase IV, Vall Plaza Hotel
That the Developer submits detailed c"soil en-
gineering drawings of the required off-site im-
provements {street lights, drainage, curb and gut-
ter, sidewalks, grading, road improvements, Vaii
Road landscape median Improvements, etc.) as
identified on the off-site improvements plan to the
Town of Vall Public Works Department for review
and approval, prior to application for a building
permit.
That the Developer submits a detailed final
landscape plan and final architectural elevations
far review and approval of iha Town o1 Vail De-
sign Review Board, prior to application for a
building permit.
The SDD appproval time requirements and
Ilmitations of Sect(on 12-9A-12 shall apply to Or-
dinance No. 21, series of 2001. In addition, the
pphasing of [he construction of the hotel shall not
be permitted.
That the Developer submits the following
plans to the Department at Community Develop-
meat, for review and approval, as a part of the
building permit epphcation for the halal:
a. An Erosion Control and Sedimentation
Plan;
b. A Construction Staging and Phasing Plan;
c. A Stormwater Manesgement Plan;
d. A Site Dawatoringg Plan; and
e. A Traffic Central Pian.
That the Developer receives a conditional
use permit to allow For the oonstructlop of 18,
Type iII Employee Housing Units in Phasd IV of
iha District, In accordance with Chapter 12-16,
pprier to iha issuance of a bu]Iding permit, tar the
hcusing of 36 employees totaling 9,618 square
That the Developer submits a complete set
of plans to the Colorado Department of Transpor-
tatwnfor review and approval of a revised access
permit, prior to application for a building permit.
That the Developer meets with the Town
staff to prepare a memorandum of understanding
cull€ning the responsibilities end requirements of
the required off-site improvements, prior to sec-
ond reading of an ordinance approving the major
amendment.
That the Developer submits a complete set
of plans responding to the de~lgn cancems ex-
pressed by Greg Hall, Director of Public Works &
Transportation, in his memorandum Id Gecrge
RuthaG dated 12/f?199. The drawings shall 4e
submitted, reviewed and approved by the Town
Engineer, pricy [o final Design Review Board ap-
proval.
That the developer records a public petlas-
trlan easement between iha natal and the Phase
III Condominiums and between the Phaso V
Buitding property lines. The eesemenf shall be
prepared by the developer and submitted for re-
view and approval of .the Town Attorney. The
easement shall ba recorded with the Eagle Coun-
ty Clerk and Recorder's Office prior to the issu-
ance of a Temporary Certiflcate,of Occupancy.
That the Developer record a deed restriction,
which the Town is a party to, on the Phase IV
properly prohibiting the public use of The spa fa-
cility in iha hotel. Said restriction may ba revoked
h the Developer is able to demonstrate to tits sat-
isiactfon of the Town that adequate picots#ons for
vehicle parking have bean made to accommo-
date the public use o! the ape. Tho restriction
shall ba recorded pr{or to the Issuance of a build-
ingpermit.
That the Developer submits a final exterior
building materials list, a typical wall-section and
complete color rendering for review and approval
o) the Design Review Board, prior to making an
application for a building permit.
That iha Developer submits a cnmprehen-
slve sign program proposal for the Vall Plaza Ho-
tel for review and approval of tine Design Review
Board, pdor to the Issuance of a Temporary Cer-
tificate of Occupancy.
That the Developer submits a rcof-top me-
chanical equipment plan for review end approval
of the Design Review Board prior to the issuance
of a building perm's!. All roof-top mechanical
equipment shall be incorporated into the overate
design of the hotel and enc3osed and screened
from public view.
That the Developer posts a bond with the
Town of Vail to provide financial security for the
125°h ai the total cast of the required off•site pub•
tic improvemems.The bond shall ba'in pptaco with
the Town prior tc the issuance of a building per-
mit.
Thal the Developer inslal(s bollards or similar
safely devices at.Ihe Intarsectipn of{he delivery
access driveway and the sidewalk along the
South Frontage Road to prevent conflicts 6s-
tween pedestrans and vehicles, prior to the issu-
ance of a Temporary Certfficate of Occupancy.
That the Developer studies and redesigns
the entrance on the north side of the halal across
from the entrance 1o the Gateway BuEfding to cre-
ate amore inviting entrance or a design that redt-
racis pedestrians [o another entrance. The final
design shall be reviewed and approved by the
De~fgn Ravlew Beard prier to the Issuance of a
building permH.
That iha Developer oa6rdinate efforts with
the owners of the Gateway Suikding to create a
below ground access for loading and delivery !o
the Gateway from the Veit Plaza Motel to resolve
potential loading and delivery concerns at the
Gateway. If a ooordlnated effort van be reached
the Developer shalt submit revised plans to the
Town of Vall Community Development Depart-
ry cennicars or occupancy.
That Ehe Devofaper provides a centralized
loadingrdelivery facility foe the use of all owners
and tenants within Speclal DBVVSopment Dlsirici
No. 6.Access or use of the facility shall not be un-
duly restricted for Sppeclal pavelopmeet District
No. 6.Tha loadingldellvery facflily~ including
docks, berths, freight elevators, service corridors,
etc., may ba made available for publlc and/or prl-
vata loatlingldelivery programs, sanctioned by
the Town of Vail, to mitigate loadingldelivery im-
pacts upon the Vall Village loadln9g~rdelivery sys-
tem. The use of the facility shall onlyy ba permit-
ted upon a finding 6y the Town of Vflll end the
Developer that excess capacity exists. The De•
vetopper will be compansatod by the Town of Vail
and/or others for The common use of the foci{sty.
The final determination of the use of the facility
shalt be mutually agreed upon by the Developer
and the Town of ail.
That the Developer submts a written latter of
approval from adjacent properties whose proper-
ty Is being encroached upon by certain improve-
ments resulting from the construction of the hotel,
prior to the issuance of a building permit.
Fhat the Developer executes a Developper
Improvement Agreement to cover the completlan
of the required off-site improvements, prier to the
issuance of a building permit.
That the Developer record Type 111 deed-re-
strictions of each of the required employee hous-
ing units, with the Eagle CounTy Clerk & Record-
er's Office, prior to the Issuance a1 a Temporary
Certificate of Occupancy.
That the required Type ill dead-restricted
employee housing units not ba eligible for resale
and that the units be owned and operated by the
hotel and that said ownership transfer with iha
deed to [he hotel property.
SI?.GTION 6.
If any part, section, subsection, sentence,
clause or phrase of this ordinance is far any rea•
son held to be invalid, such decision shelf not af-
fect the vafidiTy of the ramaining portions of this
ordinance; and the Town Council hereby da-
clares it would nave passed this ordinance, and
each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any
one or more parts, seuKtons, subsections, senten-
ces, clauses or phrases he declared invalid,
SECTION 7.
The repeal or the repeal and re-enactment of
any provisions of iha Vall Municipal Code es pro-
vided in this ordinance shalt not affect any rigght
which has accrued, any duty imposed, any viola-
tion that occurred prior to the effective date here-
of, any prosecution commenced, nor any other
action or proceeding as commenced under or by
virtue of the provision repealed or repealed and
reenacted. The iepeat of any provision hereby
shall not revive any provision or any ordinance
prevlousiy repealed or superseded unless ex-
pressly stated herein.
SECTION B.
Alt bylaws, orders, resolutions and ordinan-
ces, or parts thereof, Inconsistent herewith arc
hereby repealed to the oxtent onlyy of such Incon-
sistency. The repealer snail not ba construed to
revise any bylaw, ardor, resolution or ordinance,
or part thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READ-
ING, APPROVED AND ORDERED PUBLISHED
ONCE 1N FULL ON FIRST READING this 21st
day of August, 200!, and a public hearing Far
second reading of this Ordinance set ter the 4th
day of September, 2001, in the Council Cham-
bers of the Vail Municipal Building, Vafl, Colora-
do.
TOWN OF VAIL
Ludwig Kurz
aYor
ArTES7:
Lorelei Donaldson
Town Clark
Pubtkshed en Tha VaH Trail
on August 20., 260!
•
Public Notice
ORDINANCE NO.22
Series of 2001
AN ORDINANCE REQUESTING THE
AMENDMENT TO THE CHARTER OF THE
TOWN OFVAIL, C LORADD,TO CHANGE
THETEXT QF p T1CLt: V, INITIATIVE
AND REFERENDUM.
WHEREAS, the petltloners have circulated a
petition and submiHed said petition to the Vail
Town Council tc Initiate the amendment of Article
V of the Nome Rule Charter of the Tawn of VaIE
at the Regular Municipal Election tv be bald on
November 6, 2001; end
WHEREAS, the Town Council ~ wishes to
submh this amendrrtant to the Charter o1 the
Town of Vall to the registered electors of the
Town of Va11 for their vote at the next regular mu-
nicipal election set for November 6, 200! and to
set a ballot title for same.
NOW, THEREFORE, BE IT ORDAINED DY
THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, AS FOLLOWS:
SECTION t.
The Ballot Title shall read:
SHALL THE CHARTER OF THE TOWN OF
VAIL, COLORADO, BE AMENpED 70 GRANGE
ARTICLE V, INITIATIVE AND REPERENDUM,
70 CHANGE THE LANGUAGE THAT REFERS
TO ORDINANCE; FROM ORDINANCE TO
CDUNCIL ACTION. .
SECTION 2.
Upon an affirmative vote of the reggistered
electors of the Tawn of Vall, Article V; Initlaiive
and Referendum, Sections 5.t through 5;8, shall
ba amended to read as foflowa:
having a a pr~~ls aaldo a deleladl and iha
language hating an t will be added)
ARTICLE Y
INITIATIVE AND REFERENDUM
Section 5.1 -General AuihoriTy:
(a) Initiative. The registered electors of the
foyers shall have iha power to propose any ordl-
nance to the councl, In accordance with iha pro-
vislone of this article a1 the Charter. In the avant
cauncll fails to adopt sold proposed ordinance
without any change In substance, Fite sold pro-
posed ordinance shall ba submitted to the regls-
preservation oT the publlc pea
ty faction 5.2 -Commence
ings; petltloners' Committee; A
Rn~ five (5) registered
manta nitiative or referendum
ing with the town clerk wllhin
-.~g.(fg6 an atildavit slat
tutu the petltloners' committa
ble for circulating the petitlan
er form stating their names s
specifying the addresses to s
the committee are to tae sent
full the proposed In€tfahve or
fho orcArtwnee 44Up4i! ~GIjgD
sidered. Promptly otter the att
Hers' committee Is filed, the c
appropriate petition blanks
committee,
Section 5.3 - Petitions:
(eJ Number Of Signature;
must be signed by registered
In number to at least fifteen (1,
tat number of electors reglsh
Oast regular municipal elactfor
dons must be signed by regist
town equal €n number to at lei
of the total number of electari
at the last regular municipal of
(6) Farm And Content. All
shall bo uniform in size and st
sembted as ono instrument fo
'lure shall he executed In Ink
and shall bo followed by the i
son signing. Pethlona shalt c
lathed thereto throughout the
text of the erdiaanse council
sought 1o be reconsidered.
(c} Affidavit Dt Circulator.
titian shall have attached to it
davit executed by iha circulr
that he personally circulator
number of signatures thereon
were off#xed In his presence
them to be iha genuine signal
whose names they purpport t<
signer had an apportunify bet
the full text of the ordinance' I
to bs reconsidered.
(d) Tlme For Filing Rel
Referendum pettflans must b
(apt {~srly-fjva fail days afti:
council a! iha , ~,:'- ,. ~ . ~ coon
be reconsidered.
Section 5.4 -Procedures
{a} Certificate Of Clark;
ten (10) days after the petitic
clerk shelf complete a'certitk
clency, specifying, If h Is insu
tars wherein d Is defective
sand a copy of iha certlllcatt
commlHee by cerllfied mail. A
sufficient for lack of the requli
signatures may be amended
Hors' commlttr
Iles a notice of intention to am
within twc (2) days after recap
certificate and files a Supt
upon
addhlonal farms within ten (i[
ing the copy of such cerlificatt
toryry petition shall tom ly with
subsection'{b) and (c~o1 Sac
five (5) days after it is filed tl
plate a cerlNlcate as to the su
lion as amended and pramp
such certificate to the petltlo
certified mail es in the case of
If a petition or amended petifl
elent, ar H e petition ar amenr
fled insufflclent and [he pet
does not elect to amend or
view under subsection {b) of
iha time required, the clerk sh
His certificate to the council,
shalt then be a final daterlnlni
clencyy of the petition-
(h) Council Raviaw. It a
carlihed Insufflclent end the I
tae does not file notice of €nta
if an amended petition has bi
clent, the committee may, will
ter receiving the copy of such
quest that It be reviewed b
cauncll shall review the ceI
meeting.tollowing the Flling o'
approve or disapprove It, and
minatfvn shall then ba a final
iha sufficiency of iha pethlon.
(c} Court Ravlew; New Pi
minstlon as to iha insufficient
be subject to court review. A
o! insufficiency, even If suatai
view, shalt not prejudice iha ~~
lion for the same purpose. ¢
1997)
Section 5.5 - Referendun
slon Ot Effect Of 6rdlRaRae
When a referendum petal
lawn clerk, the erdiaaaee tout
be reconsidered shall be sus
effect. Such suspension shall'
1. There Is a final detvi
clency of the petition, or '
2. The petltloners' Comm
pethion, or
3. Tha council repeals th
I3gA411. ar
4. Certlficatlpn of a fav
town on iha erdlnawae council
5. Emergency ordinance
effect unless the majority of ~
suspend the ordinance pendir
Section 5.8 -Actions On I
(a} Action B Council. N
reterandum petitlan Has beet
suHiclent, the council shall pr
proposed Inltlative ordinance
vlded Ih Arilcle IV or revdnsld
Hance by voting Its repeal;
that the council shall have p
detailed language of any prcl
Hance and to affix the [ilia the
generel character of iha meal
atentlally-obeyed; and provl
peal of any referred ordlnan
only by a thiee-tounhs majors
cauncll!.
{b) Submission To Votes
town on a proposed er-referr
(erred council action shall bs
tglr~F7W torN-11ve f45S day;
nine-ty-( 6) days from the deli
vote thereon. F no regular to
held wllhin the period prescr
lion, the council shall provldr
lion; otherwise, the vote shalt
time as such. regular electh
cauncll' may a~ its discretion I
election at an earlier date w
period. Copies of the prapos
'T~~ Va-~~, TRat,llt.. / A~G~sr 24-30, 2001
cuncH on Ile own molten shall have the
;ubmll at a regular or special election
;ed ordinance or any quesllon to n vote
3lpred Pl9eiors,
~n 5.8 • Rnsulls Of Election:
itiative. tf n majority of fha registered
sing an a proposed Inlllative ordinance
favor, it shall bo considered adaptatl
hcatipn of the election msuSls. II con-
ilnancos ern approved al the same
ie ono receiving Iho greatest number of
votes shgfi prevail to [ha extonl of
ct.
aterondum, if a ma]orfty of the regls
tors vothtg on a referred erdiNaaee
~ vote against it, it shall be consid-
sled upon corhNcallon of Iho election
i ordlnancu adopted by Sho electorate
e amended or repented for a period of
~nths after the dots of ilia eleclivn at
as adopted, and en•-erdrAer~ ~]i
salad by the electorate mayy not foe ra-
~r a parted of six (8) ntonlhs after the
election at which II was repealed; pro-
~evor, that any ordlnancs or council ac-
~e adapted ar amended ar repealed at
~y appropriate ratarondum or inlllatlva
In accprdanco with the foregoing provi-
Is arflcle, or, IFsuDmltlad to fha vlector-
counclf on Its own motion.
ION 3.
own Council hgreby ihtds, datermines
es that this ordlnancs Is necessary and
flip health, safely and welfare of the
dl and fha Inhabltanla thoroaT.
ION 4.
renal or the Yspoaf and reenactment of
ton of ids Vail Municipal Codo as pm
tie ordinance shall not affect any rigght
accrued, any duly Impposed, any vtola-
~curred prior to rho pffecllve date hera-
veocutlon commenced, nor any ether
iroceedfng as commenced under or by
19 rovlslon repealed or repealed and
Tile repeal of any pravlslon hereby
®vlvo an provlslon or any ordlnancs
rep~alad or superseded unless ex-
~led herein.
ION 5.
laws, orders, resctuttons and ordinan-
trts thereof, Inconalstent herewith era
a ilia extant only of such Inoonsislency.
ter shat[ not be conshuetl to revise any
ter, resolution or ordinance, or part
sretakrre re Baled.
)DUCEd, READ ON FIRST READ-
ROVED AND ORDERED PUBLISHED
FULL, lhts 21st day of Rugusf, 2001. A
ring shall rte held hereon on the 21st
lust, 2001 at the regular meeting of fha
Writ of the Town o1 Vali, Colorado, In
pal Bufldhtgof Ihs Town.
70WN OFVAIL
Ludwig Kurz
a or
ATTE 7:
Lorelei Donaldson
Town Clerk
Published hl The Vall Troll
an August 24, 2001
aublic Notice
Pt-Af1NFNq AND
VIRONMENTAL COMMI5510N
UBLIG MEETING 9CMEDULE
Mandoy, August 27, 2001
Put711o Hesring
n GounoH Chamters - 2:04 p.m.
equast for s variance from Secllon 12•
Area entl She Dlmenslons"), VaU Town
f a ilnal rovlew of a minor subdivision
3534 and 3838 Bdtlga Road! Lats 11
ghorn Subdivision 2nd Additfpn,
rant: Gary Walls represented by Steve
:litter!
er: Ann Ktarulf
agues[ for a vurienca from Section 12-
Town Cade, 1o allow for an addition
aired setbacks, located al 5122 Grouse
', Block 1, Goro Creek Subdlvlsion.
:ant: John Kuchar represented by Da-
sr: Alllsalt Ochs
equast for o final ruview entl a recom-
i l0 1ho Vali Tawn Council on a pro-
endment 1o rho Vall Land Use Plan to
~ change Ironr a "Coto Denslly Rasldsn-
asp category ro an "Open Space"land
cry, located al 52Ufi•5215 Black Gore
1-7 and Lot t2, Vall Meadows Filing 2;
post for a ilnal rovlew and n recammen-
Ito Vafl Town Cnuncll nn a proposed re-
rm Aggrlcultura and Open Space" to
tree Presevatfon plslrlct;' located ai
t Black Gore Ddve7Lots 1-4, Vall Maad-
2.
7an$ Tawn o1 Vail
ter: Brent Wilson
'equast far a ilnal rovlew and a recom•
t to Fhe Vail Town Cnuncll on a pro-
iendmant to iha Vall Laad Uso Plan to
r change from a "Low Denelly Raslden~
use category to an "Open Space" land
gory, lore sd at 3860 and 3896 Lupine
15 ~ 16, B#ghorn Subdlvlsion Second
and a request for a final review and a
tdallan to the Vall Town CounclE on a
rezoning from "Tyvo•Famiiy Primaryl
y Resldantial" io "Natural Area Preser-
:triot located at 3880 Lupine DrlvelLof
rn Subdivision Second Addition; and a
rr a ilnal review and a recammendatlon
I Tawn Caundl on a proposed rezoning
9cullure and Opan Space !o "Natural
sarvatlon Dlslrlol" located et 3896 Lu-
elLot 16, Bighorn Subdivision Second
cent: Town o1 Vall
tor; Brant Wilson
request for a final rovlew and recom-
1 to the Vnll Town Councf4 on proposed
3ping" amendments andrnr aorrecllons
I, Vall Town Code l"Sign Regulatlons"),
Jail Town Gode ("Zoning Regulations"),
Vail Town Code {"Subdlvlsion Regula•
td Ti11e 14, Vnll Town Codo {"Dsvelop-
ldards"I, and seltirtg forth details fn re-
cto. A dotalled description of Ilia pro-
d autendmenls is available rd Ilia De-
vf Community Dwvlopment.
East/Nfest Meadow Drive, Vail V#Ilage.
A pllcant: Town of Vakl
PPanner: George Ruher
TABLED UNTIL SEPTEMBER 10, 2001
8. A request for a final review and recom-
mendation to the Town Council !or the adopption
of two view corrltlors within Lionshead, as Identi-
tietl within the Lionshead Redevelopment Master
Plan. View Corridor 1 is located approximately a[
the main pedestrian exit looking souNtwest to-
wards the Gondola fit line. View Corridor 2 is lo•
cared approximately Irom the pedestrian plaza at
the east entl at the Liffhouse Lodge looking south
up Iho Gondola Iltt line. A more specific legal de•
script€on of ilia two view corridors is on file at the
Community Development Department.
A pllcant. Town of VaA
PPanner Allison Ochs
TABLED UNTIL SEPTEMBER 10, 2001
9. Approval of August 13, 2008 mEnutes
10. Information Update
Tha applications and information about the
roposals are available for public inspection dur-
Png regular office hours in the project planner's of-
lica located at the Town of Vall Community De-
velopment Department, 75 South Frontagge Road.
Ths publln Is invited to attend prpjoct orlantation
and rho site visits that precede the public hearing
in fha Town at Vall Community Development De-
partment. Please call 479-2135 for intormallon.
Sign language interpretation available upon re-
quest with 24•hour notification. Please call 479-
235fi, Telephone for the Hearing Impaired, for in-
lormation.
TOWN DF VAIL
DEPARTMENT OF
COMMUNITY DEVELOPMENT
Published 1n The Vail Trail
on August 24, 2001
Public Notice
NOTICE IS HEREBY GIVEN that the Plain
Wing and Envlranmamal Commission of flip Town
of Vall wild hold a public hearing In accordance
with Secllon 12-&6 of the Municipal Code of the
Town o1 Vail on September 10, 2001, at 2:00
p.m. In ilia Town of Vall Municipal Building. In
considoratlon of:
A request for a text amendment to the Public
Acoommodatlon zone district to allow for fha ad-
ditlan pi automotive service stations Swlth acces-
sory "convonlonce" rotallt as a coedit oral use; a
requeaF for a rezoning from "Heavy Service" to
"Public Accommodation" zone district; a request
for iha establishment of a special development
district; a request for a conditicnat use permit to
allow for the operation of an automotive service
station (with accessory "convenience" retail); a
request far a conditional use Parrott tp allow for
fha conslruchon of a fractional fee unit club; and
a request far a conditional use permit to allow for
ilia construction of III employee housingg
units, located at 28 S. rontage Road 1 Lot A, Vall
Village Second Filing.
Applicant: Alpine Ventures, reprasenrotl by
Fritzlen Plarca Architects
Planner. Brent Wilson
A request for a conditional use permit to al-
low for the construction of a shed at rho rear of
the schovlhause located at 540 Vail Valley
DrivelPart of Tract A, Vail Village 7th Filing.
Applicant: Vail Afplne Garden Foundation,
represented by Ry Southard
Planner: Ann KJerulf
A request for a major subdivision, a request
to amend fha Vail Land Use Plan to change iha
deslgnatlon from "Open Space" to "High Density
Resldantal", entl a request for a rezoning from
"Natural Area Preservation District" to "Housing
Zone District" to allow for the development of em-
playee housing at the site known as Mountain
Ball, located on an unplatted piece of property at
160 North Frontage Rosd. A complete metes and
bounds legal description is available at the De-
partment of Communtty Development.
Applicant: Town of Vail Hauling Aulhorlly
represented by Odell Architects
Planner. Allison Ochs
A inquest for a rezoning from "Special De-
veto~tment District No. 10" to "Housing Zona Dis-
Irlct located al Timber Ridgge Village. 1284 North
Frontage Road WesVLols C-1 through G-5, Lion
srldgs Filing No. 1.
Applicant: Town of Vail
Planner: Allison Ochs
A request for a final review and a rpcomman-
daticn to the Vafl Town Council on proposed revi-
sions to Title 14 ("Development Standards"), Vail
Town Cotle, regarding the use of alternate build-
ing materials within the Town of Vail, and setting
forth details in regard thereto.
A pllcant: Town of Vail
PPanner: Bill Gibson
A request for a final rovlew and a recommen-
dation to the Vail Town Council on the Town of
Veil's proposed amendment to fha Town of Vaif
Streatscape Master Plan, located at Eas[NJest
Meadow i)rlve, Vail Village.
A pllcant Town of Veil
PPanner. George Bother
A request for a final review and recomman•
define to ilia Town Council for ilia adoption of
two ulew corridors within Lionshead, as Identitisd
within the Lionshead Redevelopment Master
Plan. View Corridor f is located apprpxlmately at
His main pedestrian exit looking soulhwast tp-
wards the Oondola Iltt line. View Gonldor 2 Is lo-
cated approximately from the pedestrian plaza at
Ilia east end of the Lllthouse Lodge looking south
up fha Gondola lift line. A more specifc legal de-
scription of the two view corridors is on file at fha
Community Development Department.
A pllcant: Tpwn of Vail
PPanner: Allison Ochs
The applications and Information about the
roposals are available for public inspac~on dur-
Png regular office hours in the project planner's oi•
lice located al iha Town of Vail Community De-
velopmanl Deppartment, 75 South Front~gga Road.
The public is Invited to attend project orientation
and fha site visits that precede the public hearing
In the Town of Va[I Community Development De-
parlment. Please ca#I 479-2138 for information.
Sign language interpretation available upon re-
quest with 24-hour notlficaHon. Please call 479-
2356, Telephone 4or the Hearing impaired, for in-
formation.
AN pRDJNANCE AUTHORIZING THE
CONVEYANCE OF AN EAS£MENTT07H£
BOOTH FALLS HOMEOWNERS
ASSOClATfON TO CONSTRUCT A ROCK
FALL METIGATION WALL ON A PORTION OF
PARCEL F,VAIL VILLAGE 12TH FILING
OWNED BY THE TOWN DF VAIL AND,.
MORE FULLY DESCRfBED AS FOLLOWS:
A parcel of land North vt and adjacent to a
part o! Lot 1, Block 2 Vail Village Twelfth Filing,
County df Eagle, State of Colorado more particu-
larlydescribed as:
Beginning a1 the Northeast Corner of sold
Lot 1; thence N89 degrees 24'12" W 42.85 Fee[ to
a point on Lha Northerly Boundary of sold Lvt 1,
which is fha TRUE POINT OF BEGINNING;
thence N00 degrees 18'14" E 150.00 feet; thence
N89 degrees 24'13" W 534.12 feet; thence S00
degrees 18'14" W 150.00 feet to the Northwest
erlY Corner oS sold Lot 1; thence 569 deggrees
2413" E 534.72 feet along fha Northerly Boun-
dary o1 said Lot t and along the sweet-West Cen-
terline of said Section 2 [o fha TRUE POINT OF
BEGINNING.
WHEREAS, flip Tpwn of Vail is rho owner of
certain pproperty known as a the Portion of Parcel
F, Vail Village 12th Filing.
WHEREAS, this property was acquired by
fha Town of Vafl from the U.S. Forest Service
through a Land Exchange without deed restric-
tion concerning use oc transfer; and
WHEREAS iha property located ort 3094
Booth Falls Road is located in a severe rocktall
hazard and there has been s history of rocktall
damage to that property.
WHEREAS the creation of a rocktall mitiga-
tion wall is critical to help protect the safety o11hp
inhabitants of 309a Booth Falls Rvad and to re-
duce the risk of property damage to that property.
WHEREAS ilia State of Colorado Geological
Survey has provided a tatter which concludes
that this wall is "an axcelleni design" and "will
provide rocktall protacNon for the Booth Falls
Town Homes;
WHEREAS the Town of Vail Design Review
Board approved the design on August 15th,
2001,
NOW, THEREFORE, BE IT ORDAINED BY
THE TOWN COUNCIL THE TOWN OF VAIL,
COLORADO that:
5ECTiDN 1.
Tha Town Council hereby approves an aasa-
ment on the property for the purpose of con-
structing a Rockfall Mitigation Watl.
SECTION 2.
Tho Town Manager is hereby authorized and
directed to execute an easement with the Booth
Falls Homeowners Assaciatron to allow the con-
structlon of said wall on a ponion of Parcel F, Vail
VNlaga 12th Filing.
SEC710N 3.
If any parF, section, subsection, ssntance,
clause or phrase o1 this ordinance €s For any me-
son held to be'Invalld, such decisidn shall not af-
fect the validity of ilia remaining portions of this
ordinance; and Ihs Town Council hereby de-
clares i1 would have passed this ordinance, and
each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any
nee or more parts, sections, subsactlons, senten-
ces, clauses or phrases be declared invalid.
SECTION 4.
The repeal or the repeal and reenactment of
any provision of the Municipal Coda of the Town
of Vail as provided in this ordinance shalt not af-
fect any right which has accrued, any duly im-
posed, any violation that occurred prior to fha et•
tectivp date hereof, any prasecutlon commenced,
nor any other action or proceedings as com-
mancatl antler or by virtue of the provision re-
pealed or repealed and reenacted. Tha repeal of
any provision hereby shall not rovlvs any provi-
sion or any ordinance praviousfy repealed or su•
persedetl unless expressly stated herein.
SECTION 5.
All bylaws, orders, resplutions, and ordinan-
ces, or parts thereof, inconsistent herewith are
ropealad to the extend onlyy of such Inconsisten-
cy. This repealer shelf not be construed to revise
any bylaw, order, resolution, or ordinance, or pert
thereof; theretofore repealed.
INTRODUCED, READ, APPROVED AND
OflDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 21st day of August, 2001,
and a public hearing for second reading of this
Ordinance Is set far the 4th day of September,
2004 a1 7:00 p.m. in the Council Chambers of the
Vakl Municipal Bui3ding, Vail, Colorado.
TOWN OF VAIL
Ludwig Kurz
Ma or
arr~~`T:
Lorelei Donaldson
Town Clerk
Published in The Vai! Trail
vn August 24, 2001
Public Notice
ORDINANCE NO. t9
Series of 2001
AN ORDINANCE AMENDINGTHETOWN
COD@,SiTLE 12, CHAPTER 6, ARTICLE I,
HOUSING H DISTRICT;AMENDINGTITLE
12, CHAPT~F~ 2, SECTION 2, DEFFNITIONS;
AMENDING T{TLE 12, CHAPTEii 13,
5ECTtON 3, GENERAL REQUIREMENTS,
AND SECTION 4, REQUIREMENTS BY
EMPLOYEE HOUSING UNITTYPE; AND
SETTING FORTH DETAILS
IN REGARDTHERETO.
WHEREAS, the Planning and Environmental
Commission of ilia Town of Vall has held public
hearings on flip proposed amendments in ac-
cordance with fha provisions of the Town Gode of
the Town of Vail; and
WHEREAS, the Planning and Environmental
Commission of the Town of Vail has recommend-
ed approval of these amendments at its August
13, 2001, meetingg and has submitted its recom-
mendation to the Vall Tawn Council; entl
WHERt=AS, the Planning and Environmental
Commissicn finds that fha prappsed amend-
ments further the development objectives of ilia
Town of Vail; and
NOW THEREFORE BE IT ORDAINED BY
THE TOWN COUNCIL QF THE TOWN OF VAIL,
COLORADO, THAT:
SECTION 1.
The purpose of this ordinance is to adapt
amentlments to the Housing Zono District, which
is intended to provide for adequate sites for em-
ployee housing, which, becausQ of the nature
and characteristics of employee housing, cannot
be adequately regulated by the development
standards of other residential zoning districts;
and to amend the regulations spaclticallyy reggard-
ing employyee housing as it pertains to the Hous-
ing Zone District.
SECTION 2.
Title 12, Chapter 6, Article I. Housing District,
shall be amended as follows:
Text which Is to be deleted is indicated as
Tax1 which is to be added is indicated as
hold.}
ARTiGLE I. HOUSING (H) DISTRICT
SECTION:
12-61-1: Purpose
12-61-2: Permitted Uses
12-61.3: Conditional Uses
12-61-4: Accessory Usss
12-61-5: Setbacks
12-61-6: Site Coverage
12-61-7: Landscaping and Site Development
12.61-8: Parking and Lgading
12-e1-9: Location of Business Activity
12-61-10: Other Development Standards
12-61-11: Development Plan Required
12.61-i2: Dev®lopment Plan Contents
12-61-13: Development 5tandardslCriteria for
Evaluatfvn
12-61-1: PURPOSE:
The Housing District is intended to provide
adequate sites for Heed--raeFrieieA employee
housing which, because of rite nature end char-
acteristics of employee housing, cannot bo ads-
quately regulated by the development standards
prescribed for other resldentfal zoning districts. It
is necessary fn this district to provide develop-
ment standards specifically prescrbed for each
development proposal or protect to achieve fha
purposes prescri pd In Seaton 12.1-2 of this Ti-
tle and to provide for Ihs public welfare. Certain
nonresidential uses ere a1[owed as conditional
uses, which are Imsnded to be incidental and
secondary to the residential uses of Ihs Dlatrlct.
The Housing District is intended to ensure that
employee housing permitted in the Dfstdct Is ap-
prapriately located and designed to meet the
needs of residents of Vail, to harmonize with sur-
rounding uses, and to ensure adequate Ilght, air,
open spaces, and other amenities appropriate to
fha allowed types of uses.
12-61-2: PEFiMITTED USES:
Tha following uses shall ba permitted In the H
District: '
Dead restrlctetl employee housing units, as
further deacrlbed In C ap[pr 12.13 of title Ti-
tle.
Palsies pu[docr recreation areas, and open
space.
Pedestrian and bike paths.
12-61-3: CONDITIONAL USES:
r3erleraNyl The folfowln~ conditional uses
shall be permitted in the H DlsirlcL su6jad to is-
suance of a conditional use permit in accordance
with ilia provisions of Chapter 16 of this Title:
Commercial uses which ere secondary and
incidental (as determinsd by the Planning and
Environmental Commisslon } to fha use of deeA
'.~~: J employee healing and sppeacificallyy
~sarving the needs aF the residents of ths.davep
apment, and developed In conjuncllon with Ffeee
reetriatee employee housing, in which case fha
following uses may ba allowed subject to a condi-
tlartal use permit:
Banks and financial Institutions.
Eating and drinking establishments.
Hea#[h clubs.
Personal services, Including but not Ifmlted
to, laundromats, beautyy and barber shops, tailor
shops, and similar services.
Retail stores and establishments.
Dwelling units not employee housing units)
Subject to the follow ng criteria to be evaluated by
fha Planning and Environmental Commisslon:
A. Dwelling units are created solely for the
purpose pf subsidizing employee housing on rho
property and,
B. bwelEing units are not fha primary use of
She property. Tha GRFA for dwelling units shall
not exceed 30% of the total GRFA constructed
on the property and,
Dwelling units are only created in conqunc-
tion with deeNiaeErtsted employee housing and,
Owetling units are compatible with Rte pro-
posed uses and buildings on the site and are
compafittle with buildings and uses on adjacent
properties.
Outdoor patios
Public and private schooVs and educational
Irstitutions, including day-care tacililies.
Aublic buildings and grounds.
Public parks.
Public utilities installations Including trans-
mission lines and appurtenant equipment.
Type Vl employes housing unite, as fur-
ther regulated by Chapter 12.13 of thisTitle.
12-61-4: ACCESSORY USES:
Fha following accessory uses shall be par
mided In the H District:
Home occupations, subject to issuance of a
home occupation permit in accordance with the
proV1Sipna of SOCtfOn 12.14-i2 of this Title.
Minor Arcades
Private greenhouses, roof shads, playhous-
es, attached garages or carports, swimming
pools, or recreation lacliitias customarily inciden-
tal to permitted resldentfal uses.
Other uses customarily Incidental and acces-
sory to permuted or condihonal uses, and nerss-
sary for the operation thereof.
12-61-5: SETBACKS:
The Setbacks in this district shall be 20'tram
the perimeter cf the zone district. At the dlscra-
tion of ihp Planning and Environmental Commis•
sloe, varlatipns to the setback afandards may ba
approved during the review of a development
p an subject to fha applicant demonstrating cam-
pllancewith ilia following criteria:
Proposed building sstpacks provide neces-
sary separation between buildings and riparlen
areas, geologically sensitive areas and other en-
vironmentally sensl[Ive areas.
Proposed building setbacks will provide ade-
quate ava3labilily of light, air end open space.
Proposed building setbacks will provide a
compatible rvlafivnship with buildings and alas
on adjacent properties.
'I'r3E V.4~;!_ TFiA1L, / ALJGCJS'I' 24'-3®,