HomeMy WebLinkAbout1979-52 Setting a Moratorium on the Approval of All Building Permits and Proposals for the Construction of New Projects, Structures or Buildings to be Used in Whole or In Part for Time Share Estates or Time Share Licensesr+ ` •
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ORDINANCE N0. ~~~
Series of 1979
AN ORDINANCE SETTING A MORATORIUM
ON THE APPROVAL OF ALL BUILDING
PERMITS AND PROPOSALS FOR THE CON-
STRUCTION OF NEW PROJECTS, STRUCTURES
OR BUILDINGS TO BE USED IN WHOLE OR
IN PART FOR TIME SHARE ESTATES OR
TIME SHARE LICENSES, OR APPLICATIONS
OR PROPOSALS FOR CONVERSION OF ANY
EXISTING STRUCTURE, PROJECT OR BUILD-
ING, TO CONDOMINIUMS OR TO A TIME SHARE
PROJECT EITHER WITH TIME SHARE ESTATES
OR TIME SHARE LICENSES; EXCEPTING HERE-
FROM ANY PROJECT, THAT HAS BEEN PREVIOUSLY
SPECIFICALLY APPROVED BY THE TOWN COUNCIL
FOR A TIME SHARE PROJECT; AUTHORIZING
AND DIRECTING THE TOWN MANAGER OR HIS
AUTHORIZED REPRESENTATIVE TO SUSPEND
THE ISSUANCE OF BUILDING PERMITS OR
OTHER APPROVALS THAT WOULD BE IN-
CONSISTANT WITH THIS MORATORIUM;
STATING THAT SAID MORATORIUM WILL BE
FOR NINETY DAYS; AND SETTING FORTH
DETAILS IN RELATION THERETO AND
DECLARING AN EMERGENCY THEREFORE.
WHEREAS, the existing Town of Vail has a character that has
been delicately developed over the years and part of that character
is the balance between accommodations for visitors to the Town, Vail
residents and seasonal employees. The Town Council is of the opinion
that the pressure of Time Sharing projects and the monetary return
thereon, could easily upset that balance.
WHEREAS, the past impacts on the Town by Titer Share Projects
have indicated a clear and convincing need for zoning changes,
restrictions, and regulatory measures, and a new approach to Time
Sharing within the Town; and
WHEREAS, the Town Council has determined that the existing
ordinances and regulations of the Town are insufficient and incon-
sistant with the perceived threat by Time Sharing and should be
revised to preserve the housing and accommodation balance within
the Town; and
WHEREAS, it has been reported to the Town Council that the General
Assembly of the State of Colorado will consider a Model Act relating
to Time Sharing in its next session, which would affect the future
actions of the Town of Vail; and
WHEREAS, the Town Council is of the opinion that all new coh~-
struction for projects to be used for Time Sharing and all conversions
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ordinance No. ~`~~ Page 2
of existing projects for use by Time Sharing to be delayed pending
changes to the ordinances and regulations of the Town of Vail that
would protect and preserve the housing and accommodation balance
within the Town; and
WHEREAS, the Town Council has directed that the staff develop
an ordinance that would provide that all new Time Sharing projects
whether they ber~wly constructed or converted should be treated in
some form of special review under the zoning ordinances of the Town
of Vail; and
WHEREAS, it appears that the Town will know what actions the
General Assembly will take and a result of the new ordinance to be
drafted by the staff within the next three months; and
WHEREAS, the Town Council finds that certain approvals and
applications have been made for development of Time Share projects
whether by new construction or by conversion which would seriously
threaten to obviate the objective of the proposed ordinances and
regulations of the Town; and
WHEREAS, the Town Council concludes a Moratorium on the issuance
of all building permits and approvals relating to proposals to construct
any new project, structure or building to be used in whole or in part
for Time Share Estates or Time Share Licenses or applications or
proposals for conversion of any existing structure, project or building,
to condominiums or to a Time Share project with Time Share Estates or
Time Share Licenses is necessary to protect and preserve the public
health, safety and welfare of the Town of Vail;
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 relating to proposals for the construction
of a new project, structure or building to be used in whole or in part
for Time Share Estates or Time Share Licenses or building permits
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Ordinance N0.
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~°~"J Page 3
and approvals relating to applications for conversion of any existing
structure, project or building to condominiums or to a Time Share project
which condominium or Time Share project will be used for Time Share
Estates or Time Share Licenses.
Section 2. The term "Time Share Estates" shall be defined
in the Courts of the Statutes of the State of Colorado.
Section 3. This Moratorium shall not apply to permits or proposals
for structures, buildings, or projects that have been previously
approved by the Town Council as a Time Share project.
Section 4. This Ordinance shall apply to all areas within the
Town of Vail.
Section 5. This Moratorium shall be in affect for no more than
ninety days from and after the affective date of this ordinance unless
otherwise extended by the Town Council.
Section 6. The Town Council based upon the above findings,
specifically finds and states that it is the opinion of the Council
that an emergency exists, and that this ordinance is immediately
necessary for the protection of the public health, safety and welfare,
and the provision of this ordinance shall take a full force and affect
upon adoption, an accordance with the Charter of the Town of Vail,
as an emergency measure.
INTRODUCED, READ, PAST AND ADOPTED AS AN EMERGENCY MEASURE AND
ORDERED PUBLISHED IN FULL, THIS 18th day of December, 1979.
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Ma~'or C ~ /~ ~ -"
ATTEST:
!C
Tow C`ierk '
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Ordinance No. ~ ~~~ Page 4
INTRODUCED ON SECOND READING, READ, APPROVED AND ORDERED
PUBLISHED BY TITLE ONLY THIS ~ ~ DAY OF l.~C- ~'(,v`L~~-- ,1979.
f'+ j
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Mayor ~
ATTEST:
Town er
i
town of uaill~
box 100
vail, Colorado 81657
(303) 476-5613
office of the town manager
December 4, 1979
Town Council
Town of Vail
P.O. Box 100
Vail, Colorado 81657
RE: Supplemental Appropriation regarding the attached
Memorandum from the Town Finance Department
Councilmembers:
Pursuant to Section 9.10(a) of the Charter of the Town of
Vail, Colorado, I hereby certify that based on apparently
reliable information from the Finance Department there are
available for appropriation expected revenues in excess of
those estimated in the 1979 Budget and Financial Plan for
the Town of Vail which will enable the Town Council to make
a supplemental appropriation referred to above.
Accordingly, I recommend that the Town Council promptly enact
a supplemental appropriation ordinance for these purposes.
Sincerely,
Richard Caplan
Town Manager
RC/di
Subscribed and sworn to before me
t is 4th day of December, 1979.
Notary Public ~ /
County of Eagle/Sta C of/Colorado
My Commission expires:
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To: F,ichard Caplan
From: Bill Pyka, Finance Director
Date: Dr cen~ber 4, 1979
Re: 7 979 Sut~ple~lu>ntal Appropriation
As is the practice from year to year, the Council has approved various
additional expenditures throughout the year. These actions are
formalized through a supplemental appropriation at year end. The Council
at some point during the year has been apprised of the majority the
items requiring this action. The following is a brief summary of
expenditures requiring a supplemental appropriation prior to year end.
General Find:
(a) To;:*n Council - Various public re7.ations events & opening_ of 6,000
Dobson Ice Arena
(b) Town Clerk - Contract labor for voter registration & 1,000
business inventory
(C) Tiunicipal Court - 1`tunicipal Judge salary adjustment 3,000
(d) Town *tanager - Expenditures for travel rind lodging 6,000
Town Manager candidates
(e) Personel - $6,000 salaries for Minturn Town Manager 6,000
(budget as a net expenditure, but should
be budgeted as a gross expenditure and add-
itional revenue shown sePerately.)
(f) Town Attorney - Additional salary for Assistant Town 2,000
Attorney for November and December
(g) Office Support - Additional expenditures for office 4,500
supplies and of{ice equipment repair
(h) Community Development - Additional electrical inspection 7,500
and clan check fees (contract labor)
Air Quality monitoring expenditures 4,000
(funded by a grant)
(1) Bus Transportation - Additional repairs & maintenance F0,000
(j) Community Support - VRA Summer T. ~'. advertising 25,000
N~.'COG Denver [~7ater Board law suit support 5,000
Symposium (additional revenue Univ. of Colo) 11,000
,~ Pale 2
(k) Peuc.f i.ts and Overlic~.cl - l.iabi l.i t:y In~,urr+;zce additional 10, 000
»rcm:i_ums
Tntexest on sl+ort Germ borrow:i.n~ 6,000
(1) Contin):ency 50, 000
Total General. rund $22.7,000
(ri]) C)pen Space ~tr+d C+}%i.t~al. Improver.~ents ~~'unrl:
parriJ.lo land acqu i.:,i_tion $ 68,!+00
Additional. Dobson Arena Improvc~zaents .`,'0,000
CCI. Study (Cage T)av:i_s) 10,000
Tota'1 Onen Space and C:tpi.tal lmprovc:mcnts $7.28,400
(n) Vasil 'I'r.ansportat.ion Center Oper.at:ink 1?uncl:
Cash Roister (Capita] Outlay) $ 24,000
Additional );uildint l:oairs 6,000
Additional Transfer to llebt Service 20,000
Total Vail Transpor.t:ation Center Operati_n" Fund $ 52,000
(~) Heavy F,gui pme~nt Fund:
This budnet modificaY_ion is necessary because of: an $1.20,000
accounting procedural. chani;e in the manu~~r in whi"ch
the Town reports rc~nair.s to busses and s~lc of gasoline
to the bus dept. '1'l~is a.npr.opr.iati.on :i_s rcoired for
accounting, purposes and has no budgetary impact.
(p) Police Pension:
Appropriation f_or payment of: etnp7oyec~s contribution to $ 20,000
the Po_licemcn.'s ?'ens:,:i.on fund made to poli;_e officers
who terminated em171oyinent cl.ur:ing the yertr.
(d) Real Estate '!'ransCe_r `I'an htknd:
Contract w:i.th D. 1.'a] ker Ln ne+=,oi:iai:e acgt~.i si t:ion of $ 54, 000
open space.
Downpayment an ~tevcr+' ~; I'~:irccl. 10, 000
Total Ren7. latatc `1'ranr,fcr Ta:c l~'und S G~+,00(i
(r) l)nb~;on Ar.~~nr+ O Heratstn;*, l~nrzd:
--- - ----__----- _-- --1_ ._ .---- -- - --._..
Addi t.ona l ohc.~ra t i n~; c::i~cnre:, t undcd by a~lcl i t_ onc+ l $ 90, 0;)tl
arc.rz.r };cn~~rnCed rc~vc~nuo:.
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(S) Y•.cc.r.cat i on S~sec__i a1 T.f~vcnuc° ]"~7ud t
Addition~~1 expenditure; partial.].;' f`u~zded by 5159000 $ 25,000
actclitional revenue
(t) Dobson Arena Construction Fund:
To appropriate the unexpended balance in this fu«d as
of 12/31/75 for 1979 and to appronr.i_atc~ the Oven Space
and Capital Improvements Contribution for add-it:i.onal items,
The appropri.a.tion is for accounting p>>rposes only and his
no budgetary :i.mnact.
(u) Special Asses.,ment District (]3i~;horn Street ?'avinf,} :
To appropriate funds f:ar pr.inci.pal anal interest payments
P.evenue i.s provided from assessments co]_J_ectc:d.
$7513, 000
$1.24,000