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HomeMy WebLinkAbout2012-20 2012 3rd Budget SupplementalORDINANCE NO. 20 SERIES OF 2012 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2012 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2012 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2011, adopting the 2012 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2012 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 206,075 Capital Projects Fund 778,000 Real Estate Transfer Tax Fund 21.660 Total $ 1,005,735 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants Ordinance No. 20, Series of 2012 thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of December, 2012, and a public hearing shall be held on this Ordinance on the 18th day of December, 2012, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the tows ATTE Town Clerk pF +vA'` r O• • ' •O COI.O�P READ AND APPROVED ON SECOND day of December 2012. A own Clerk Ordinance No. 20, Series of 2012 Andrew P. Daly, Mayor D ORDERED PUBLISHED IN FULL this 18th Andrew P. Daly, Mayor .•. SEAL CO." I ORDINANCE NO. 22 SERIES OF 2012 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF THE VAIL GOLF COURSE PARKING LOT FROM THE GENERAL USE DISTRICT TO THE OUTDOOR RECREATION DISTRICT, LOCATED AT 1775 SUNBURST DRIVE /LOT 3, SUNBURST FILING 3, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, the subject property, Lot 3, Sunburst Filing 3, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, (the "subject property ") is part of the Vail Golf Course; WHEREAS, the subject property is the site of a portion of the existing golf course parking lot; WHEREAS, the adjacent unplatted Vail Golf Course property (the "adjacent unplatted Vail Golf Course property") is the site of the remainder of the golf course parking lot, clubhouse, driving range, starter's shack, numerous golf holes, various accessory buildings, and winter Nordic facilities; WHEREAS, in 1972, the Vail Golf Course, including the subject property and the adjacent unplatted Vail Golf Course property, were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is not clear from the Town's archives, the adjacent unplatted Vail Golf Course property appears to have been subsequently zoned Agriculture District; WHEREAS, in 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision which included the subject property; WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the Agriculture and Open Space District. The adjacent unplatted Vail Golf Course property site was subsequently rezoned to the Agriculture and Open Space District. This ordinance also established Special Development District No. 1 for the Sunburst Development, which included the subject property; Ordinance No. 22, Series 2012 - 1 - WHEREAS, on August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which rezoned the subject property from Special Development District No. 1 to the Public Use District; WHEREAS, on September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which established the subject property as Lot 3. On December 20, 1977, the Town of Vail approved the final plat for Sunburst Filing 3, a re- subdivision of Sunburst Filing 2; WHEREAS, in January of 1984, the Town of Vail purchased the Vail Golf Course property from the Pulis Ranch; WHEREAS, on October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In part, this ordinance repealed the Public Use District and reestablished it as the General Use District. This ordinance also established a new zone district named the Outdoor Recreation District; WHEREAS, on November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of 1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor Recreation District, or General Use District. Certain areas of the Vail Golf Course, including the adjacent unplatted Vail Golf Course property, were rezoned from the Agriculture and Open Space District to the new Outdoor Recreation District. This ordinance also amended the Outdoor Recreation District to allow "golf course" as a permitted use. WHEREAS, the subject property and the adjacent unplatted Vail Golf Course property are currently zoned different districts, General Use District and Outdoor Recreation District respectively; WHEREAS, the purpose of this ordinance is rezone the subject property to be the same district as the adjacent unplatted Vail Golf Course property; WHEREAS, on October 22, 2012, and on November 12, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the golf course parking lot, located at 1775 Sunburst Drive /lot 3, Sunburst Filing 3, from General Use District to Outdoor Recreation District; WHEREAS, on November 12, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the zone district boundary amendment; NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: Ordinance No. 22, Series 2012 -2- A rezoning of Lot 3, Sunburst Filing 3, from the General Use District to the Outdoor Recreation District. Section 2. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 4. The amendment of any provision of the Town 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 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 ON FIRST READING this 7th day of May, 2013, and a public hearing for second reading of this Ordinance set for the 21 st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 22, Series 2012 -3- Andrew P. Dal a ATTEST: p�;::••::,•� SEAL Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READI AND ORDERED PUBLISHED IN FULL this 21 st day of May, 2013. Andrew P. Dal, Mayo ATTEST: 00 Lorel o Idson, Town Clerk �•,! SEAL Ordinance No. 22, Series 2012 -4- Exhibit A Ordinance No. 22, Series 2012 -5- ORDINANCE NO. 21 SERIES OF 2012 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO SECTION 12 -86 -7, HEIGHT, VAIL TOWN CODE, TO ESTABLISH AN ALLOWABLE BUILDING HEIGHT FOR GOLF COURSE CLUBHOUSES WITHIN THE OUTDOOR RECREATION DISTRICT, AND TO ALLOW FOR AMENDMENTS TO SECTION 12 -2 -2, DEFINITIONS, VAIL TOWN CODE, TO DEFINE THE TERMS GOLF COURSE AND GOLF COURSE CLUBHOUSES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; WHEREAS, golf courses are permitted uses within the Outdoor Recreation District pursuant to Ordinance No. 19, Series of 1995, and Section 12 -813-2, Permitted Uses, Vail Town Code; WHEREAS, golf course clubhouses are an accessory building and use customarily incidental and accessory to a golf course that are necessary for the operation thereof. Therefore, golf course clubhouses are conditional uses within the Outdoor Recreation District pursuant to Section 12 -813-3, Conditional Uses, Vail Town Code; WHEREAS, golf course clubhouses are an accessory building and use with unique and special characteristics that must be regulated differently than other accessory buildings and uses within the Outdoor Recreation District in order to achieve the development objectives of the Town; WHEREAS, it is necessary to define the terms "golf course" and "golf course clubhouse" in the Town of Vail Zoning Regulations in order to clarify the intent of this ordinance; WHEREAS, the purpose of this amendment is to establish an allowable building height specifically for golf course clubhouses within the Outdoor Recreation District; WHEREAS, on October 22, 2012, and on November 12, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend Section 12 -86 -7, Height, Vail Town Code, in accordance with the provisions of the Vail Town Code; Ordinance No. 21, Series 2012 -1- WHEREAS, on November 12, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the amendment; NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12 -2 -2, Definitions, Vail Town Code, shall be amended as follows (text that is to be added is bold italics and sections of text that are not amended have been omitted): Golf Course: A recreational facility primarily used for: 1) the playing of golf, exclusive of miniature golf, including holes consisting of separate tees, fairways, and greens, and 2) Nordic skiing; as well as related support facilities such as clubhouses, driving ranges, shelters, and other similar buildings and uses customarily incidental and accessory to a golf course, Golf Course Clubhouse: The principal building associated with a golf course, which contains facilities typically available in such buildings, including pro shops, administrative offices, locker rooms, restrooms, golf cart storage, eating and drinking establishments, meeting rooms, banquet facilities, community space and other similar uses. Section 2. Section 12 -813-7, Height, Vail Town Code, shall be amended as follows (text that is to be added is bold italics): 12 -813-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty four feet (24'). For golf course clubhouses, the height of a flat or mansard roof shall not exceed thirty feet (30') and the height of a sloping roof shall not exceed thirty -three feet (33'). Section 3. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and are compatible with the development objectives of the town; b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that Ordinance No. 21. Series 2012 -2- conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. 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 amendment of any provision of the Town 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of May, 2013, and a public hearing for second reading of this Ordinance set for the 21st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vail, rado. Andrew P. Daly, ayor ATTEST: OE• I- elei ona dson, Town Clerk gyp: . S see '•••t... ••''O0 eot_o• �� Ordinance No. 21, Series 2012 -3- INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21St day of May, 2013. Andrew P. Daly, M or ATTEST: -- (,-" - A-44� Lo ei bonaldson, Town Clerk r�o�N•OF ` • • 1. . SEAL • Ordinance No. 21, Series 2012 -4-