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HomeMy WebLinkAbout1979-40 Setting an Moratorium on the Approval of All Building Permits and Proposals for Modification, Change, Alteration on Addition to the Exterior of All Structures in the Vail Village Excepting Normal Maintenance and Repairs.r;. y': • • ORDINANCE NO. 40 Series of 1979 AN ORDINANCE SETTING AN MORATORIUM ON THE APPROVAL OF ALL BUILDING PERMITS AND PROPOSALS FOR MODIFI- CATION, CHANGE, ALTERATION ON ADDITION TO THE EXTERIOR OF ALL STRUCTURES IN THE VAIL VILLAGE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", EXCEPTING NORMAL MAINTENANCE AND REPAIRS, AUTHOR- IZING AND DIRECTING THE TOWN MANAGER OR HIS AUTHORIZED REPRESENTATIVE TO SUSPEND THE ISSUANCE OF BUILDING PERMITS OR OTHER APPROVALS THAT WOULD BE IN- CONSISTENT WITH THIS MORATORIUM; AND, SETTING FORTH DETAILS IN RELATION THERETO AND DECLARING AN EMERGENCY THEREFORE. WHEREAS, an area of the Town of Vail generally known as the Vail Village as more particularly described in Exhibit "A" is presently being studied for preservation and protection; and, WHEREAS, said existing Vail Village has a character that has been determined to be critical to Vail's past and future. Said determin- ation has been made in preliminary studies by the Vail Village Preservation Task Force; and, WHEREAS, the studies of the character of the Vail Village indicate a clear and convincing need for zoning changes, preservation measures, and a new approach to the enhancement of the character of the Village; and, WHEREAS, the Town Council is determined that the proposed zoning changes, preservation measures and steps necessary to enhance the Vail Village must be developed by detailed review of the allocation of land uses in the Village, buildings that should be preserved, areas where change can enhance the Village, and what is best for the Town of Vail, or that which would be necessary for the preservation and protection of the public interest; and, WHEREAS, the Town Council is determined that the existing regulations relating to the Vail Village area are insufficient and inconsistent with the Town's Planning Goals for Vail Village and should be revised to preserve it and protect the area; and, ~ "~, - • • Ordinance No. 40 Page 2 WHEREAS, the Town Council is of the opinion that all alterations, modifications or changes to the exterior structures in said area should be delayed pending changes to the regulations of the Town of Vail that would protect and preserve the area known as Vail Village; and, WHEREAS, the Town Coucil has directed that a full study and review relevant to the protection and preservation of the Village be undertaken by the Vail Village Preservation Task Force, Town staff and Planning Commission; and, WHEREAS, it appears that the directed studies for the protection and preservation of the Village can be accomplished within the next six months; and, WHEREAS, the Town Council finds that Building Permits have been sought for development in the Village area which has been proposed for study, which development would seriously threaten to obviate the objective of the proposed protection and preservation of the Village; and, WHEREAS, the Town Council finds that the rate at which said permits have been sought will escalate subsequent to public notification of the proposed protection and preservation of the Village; and, WHEREAS, the Town Coucnil concludes that a moratorium on the issuance of Building Permits and approvals of all proposals to alter, modify, change or add to the exterior of any existing structure in the Vail Village area is necessary to protect and preserve the purposes of the proposed study for the protection and preservation of the Village; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Manager or his duly authorized representative is hereby authorized and directed to suspend the issuance of Building Permits and all approvals of proposals of alterations, modification, change, or addition to the exterior of all existing structures in the Vail Village area (as more particularly described in Exhibit "A"), provided, however, that this moratorium shall not apply to permits or proposals for normal maintenance or repair of any structure in the Vail Village area as may be permitted by the Town Manager or to those proposals that have received either Planning and Environmental .~. . _. ' Ordinance No. 40 Page 3 Commission, Design Review Board, or Staff approvals prior to the effective date of this Ordinance. (a) The effect of this Ordinance shall apply to that area described in Exhibit "A" and referred to herein as the subject area. (b) This moratorium as created by this Ordinance shall be in effect for no more than six months from and after the effective •1date of this Ordinance unless otherwise extended by the Town Council. c Section 2. The Town Council, based upon the above findings, z specifically finds and states that it is the opinion of the Council that an emergency exists, that this Ordinance is immediately necessary for the protection of the public health, safety and welfare, the provisions of this Ordinance shall take full force and effect upon adoption, in accordance with the Charter of the Town of Vail, as an emergency measure. INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED IN FULL, this 16th day of October, 1979. c ~ry~-; . M~yor~' ~(! l ATTEST: . ~ ~/~ /~~,/f c Town Clerk `i ~~ z'