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HomeMy WebLinkAbout1995-17 Repealing and Reenacting Ordinance No. 3, Series 1977, SDD No. 7, The Marriott Mark, Amending an Approved Development Plan for SDD No. 7, Amending the TItle of the SDD to the Marriott's Mountain Resort at Vail SDD in Accordance with Chapter 18.40r, 4 ORDINANCE 17, Series of 1995 AN ORDINANCE REPEALING AND REENACTING ORDINANCE N0.3, SERIES OF 19T7, SPECIAL DEVELOPMENT DISTRICT NO.7 ,THE MARRIOTT MARK, AMENDING AN APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT.NO. 7, AMENDING THE TITLE OF THE SPECIAL DEVELOPMENT DISTRICT TO THE MARRIOTT'S MOUNTAIN RESORT AT VAIL SDD IN ACCORDANCE WITH CHAPTER 18.4U OF THE VAIL MUNICIPAL CODE; LOCATED AT 715 WEST LIONSHEAD CIRCLE/LOTS 4, 7, C and D, BLOCK 1, VAIL LIONSHEAD THIRD FILING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 15.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, the developer, the Marriott International, has submitted an application for the major amendment of Special Development District (SDD} No. 7, for a certain parcel of properly within the Town, legally described as Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing, more commonly referred to as the Marriott's Mountain Resort at Vail Special Development District; and WHEREAS, the Marriott Mark Resort has changed ownership and is now more commonly referred to as the Marriott's Mountain Resort at Vail; and WHEREAS, the proposed major amendment to the SDD is in the best interest of the Town as it meets the municipal objectives identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with Section 15.66.140, the Planning and Environmental Commission, on September 25, 1995, held a public hearing an the major amendment to the SDD and has submittcd its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.050 have been sent to the appropriate parties; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend the originally approved SDD No. 7; and WHEREAS, the Town Council has held a public hearing as requircd by Chapter 18.66 of the Municipal Code of the Town of Vail. drdinance No. 17, Series of 1995 • ~ ~ NOW, THEREFORE, SE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VALL, COLORADO, THAT: Section 1. The Town Council finds that all the procedures set forth far Special Development Districts in Chapter 1$.40 of the municipal code of the Town of Vail have been fully satisfied. Section 2. Special Development District No. 7 was established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail, Colorado, provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance of the Town; and there are significant aspects of the special development which cannot be satisfied under the existing zoning. section 3. Special Development District No. 7 was established for the development on a certain parcel of land comprising 5.17 acres in the Vail Lionshead area of the Town of Vail. Section 4. Approval of Devel.,~,~~~ent Plan. A, The Development Plan for the Marriott's Mountain Resort at Vail which is part of its said application shall be incorporated by reference, and made a part of SDD7 and constitutes a general plan and for development within the Special Devel.,~,~,-ent District. B. Amendments to the Approved Development Plan which do not change its substance and the Planning and Environmental Commission has provided a recommendation on the amendment may be approved by the Town Council by ordinance. C. The Environmental Impact Report shall be submitted to the Zoning Administrator in accordance with Chapter i $.56 of the Vail Municipal Cade prior to the conunencement of the review and approval process. Supplemental reports prior to the commencement of construction of each phase shall be provided as necessary. (1) Each phase of the development shall require review and recommendations of the Planning and Environmental Commission. and approval by the Town Council. D. Each phase of the development shall require the prior approval of the Design Rcvicw Board in accordance with the applicable provisions of Chapter 18,54 of the Vail Municipal Code. Each phase shall be reviewed by an outside consultant at the expense of the developer, who shall give their recommendations to the Design Review Board. 2 Ordinance No. i7, Series of 1995 • (1) The Develapment Plan shall be amended to reflect Architectural design of each phase. {2) Each phase of the development shall require review and recornrnendations of the Planning and Environmental Commission and approval by the Tawn Council. lion 5,, Content of Proposed Develapment Plan. The proposed development plan shall include but is not limited to the following data: A, Existing and proposed contours after grading and site development having contour intervals of not mare than 2 feet and preliminary drainage plan, Supplemental documentation of proposed contours and drainage shall be submitted to the Zoning Administrator with the plans far each phase of the development. B. A site plan, at a scale of 1 inch equals 40 feet or larger, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off-street parking and loading areas. C. A parking plan, at a scale of 1 inch equals 10 feet or larger, showing the location and dirraensions of 294 parking spaces in accordance with Chapter 18.52 of the Vail Municipal Code. The parking requirement of 294 parking spaces shall carnply with the approved parking plan for the Man-iott's Mountain Resort at Vail dated June 1, 1995. D, A preliminary landscape plan, at a scale of 1 inch equals 40 feet or larger, showing existing landscape features to be retained or removed, and showing r~~rosed landscaping and landscaped site devel~Y~~~ent features such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements. E. Schematic building elevations, sections and floor plans, at appropriate scales, in sufficient detail to determine floor area, general circulation and use location, and general scale and bulk of the proposed development. Speciftc detail for these items and the appearance shall be submitted on a phase basis. ~. A volumetric model of the site and the proposed development documented by photographs, at a scale of 1 inch equals 4a feet or larger, portraying the scale and relationships of the development to the site, and illustrating the farm and mass of 3 Ordinance No. 17. Series of 1995 • structures in the development. G. An architectural model shall be submitted prior to construction of each phase at a scale of 1 inch equals 20 feet or larger. H. A phasing plan of the proposed development indicating order and general timing of construction phases, amenities, and proposed interim development. Section 6. Permitted Uses in the Special District. A. Multiple family residential dwellings, including attached or row dwellings and condominium dwellings. S. Lodges, including accessory eating, drinking, recreational or retail establishments. C. Professional and business offices. D. Meeting rooms and convention facilities. E. Accessory eating, drinking, or retail establishments shall not occupy more than 20-per cent of the total gross residential floor area of the development. Section 7. Conditional Uses in the Special District. A. Private clubs and civic, cultural, and fraternal organizations. B. Public or commercial parking facilities or structures. C. Public transportation terminals. D. Public utility and public service uses. E . Public buildings, grounds and facilities. li. Public or private schools. G. Public park anal recreation facilities. H. Churches. 1. Maior arcade, so fang as it does not have any exterior frontage on any public way, street, walkway, or mall area' . Section 8. Accessory Uses in the Special District. A. Swimming pools, tennis courts, handball courts, squash courts, and patios, or other recreational facilities customarily incidental to permitted lodge uses. 4 Ordinance fdo. 17. Ser#es of f995 B. Minor arcade . C. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 4. Development Starxdards. The following devel.,N~„ent standards are the minimum development standards in the Special District. A. Lot area and site dimensions. The Special District shall consist of an area totaling 5.17 acres as specified in Section 3 hereof. B. Setbacks. The required setbacks shall vary as indicated in the Development Flan, providing space for planting and an acceptable relationship to adjacent properties. C. Distances between buildings. The minimum distance between buildings on adjacent sites shall be as indicated in the Development Plan. D. Height. (Story shall be defined by the Uniform Building Code.) The height of the buildings shall be subject to the recommendations of the Planning and Environmental Commission and the approval of the Town Council when the architectural design is approved. E. Density Control. The gross residential floor area {GRFA) of all buildings (including, existing building) constructed in the Special District shall not exceed 116,825 square feet. The total number of dwelling units shall not exceed 32 and the total number of accommodation units shall not exceed 276. F. Building Bulk Control. Building Bulk, maximum wall lengths, maximum dimensions far building elements, requirements for wall offsets and vertical stepping of roof lines shall be indicated on the .Bulk Diagram of the approved Development Plan. 5 Ordinance No. i7, Series of 1995 C. Site Coverage. The site area to be covered by buildings shall be as generally indicated on the Development Flan, but in no case shall exceed SS% of the total site area. H. Useable Open Space. Useable open space shall be provided as required in the Public Accommodation District, Section '1.508 of the Zoning Ordinance. 1. Landscaping and Site Development. At least 20% of the total site area shall be landscape and plaza area. Landscaping and other site development shall observe the landscaping concept as indicated in the approved Development Plan. Parking and Loading. (1 } At least 294 parking spaces shall be required. The 294 parking spaces shall be provided as indicated on the approved parking plan dated June 1, 1995. All required parking shall be within the main building or buildings ar beneath accessory decks, plaza and patios except the minimum necessary for registration and temporary loading and unloading. (2) Parking shall be provided for Charter Buses. (3) Loading, delivery, and garbage facilities shall be off street and within the structure as indicated on the Development Plan. (4} In the event that Phase II of the project is not commenced within two years of the completion of Phase 1, the surface parking required far Phase I shall be placed entirely underground within two years from the date that the work on Phase II was to be commenced.Z Section 10. Limitation of Fireplaces. Fireplaces shall not be permitted in individual accommodation units. Fireplaces shall be permitted in eight dwelling units with no more than two additional fireplaces shall be in the Special Development District, to be located in a public area. 3 Section 11. 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 6 Ordinance Na. 17, Series of 1995 'f ,, a Z 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. ~grtion f 2. 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 13. 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. Section 14. 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 thereo#, theretofore repealed. ~ Ordinance No. 17, Series of 1995 ~,,, ~ .. ~ ~ ~ INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of October, 1995, and a public hearing shall be held on this Ordinance on the 17th day of October, 1995, at 7:3D p.m. in the Council Chambers of the Vaii Municipal Building, Vail, Colorado. Marg re~t A~Osterfoss or ,~ ATTEST: 0 t : C ~k~ . __ Lori Aker, Deputy Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED e ~ ~~ ~~ ~~ ATTEST: ~~~~ Q ~~ Lori Aker, Deputy Town c:~oROt~ this ~ day of ~~L,C~t92 R ~ , 1995. Marga~t A. Osterfoss, Mayor ~OV~Iy yr `,~~i! sE~~, '''~~%~ ~~L iJR P~„~,a`a~ Ord. Nn. 6, t 982. An Ordinance amending Chapter ] 8,04 of the Vail Municipal Code by adding sections concerning deftnitions oFinajor arcade, minor arcade and amusement device; amending the conditional and accessory use sections of Chapters 18.22, 18.24, 1$.27, 1$.28, E R.34, 18.36, 18.4 I , 18.47., I R.46, 18.48, Ordinance No. 8, Series 1978, Ordinance No. 7, Series 1979, Ordinance No. 26, Series 1981 of the Vaii Municipal Code to pernrit major and minor arcades; amending Chapters 18.25 and 1$.44 of the Vail Municipal Cod@ to allow Chapters 18.26 and 18.44 of the Vail Municipal Cade to allow minor arcades as accessory uses; and other mat#ors pertaining to said amendments. 2. Ord. No. 20, 1977. An Ordinance amending Ordinance No. 3, Series of ] 977 relating to Special Development District Na. 7, amending the Development Plan and providing that Phase II he commenced within two years of completion of Phase I; and setting forth details relating thereto Ord. No. 25, 1981. An Ordinance amending Special Development District No. 7 of the Series of 1977 concerning the number of fireplaces for the Marriott Mark. In addition, review of Phase II of the Special Dovelopment District. S Ordinance Na. i7, Series of 1995 .~~ .~- - ~ OF.Cry¢t~J Olt.1"•VpZ ~~i os0°co ^zuimcQ, ..iya~~~ ~-$`ocmi~N~nmc~c`~u~m Qyo~°m ar~om y(120 004~¢'~ yu~ ~m»~tm ZO~c 5 4omV]a mUm morn rota ai -Em mZ m,~m `"~~o- ` A+ y. p 4 y Q N m r m 4 J ~_ E s 9 m g w° V c- E m `.~ ~ 2" o r c m -ef O c v o wx~ ~- ,m a. c P ~ m J R n m m m- m W Zlu~tZilZHq h•¢m~y Q ma} `L'c c~ym w~ mOc°o UO Q o ~ OYyc ~nNCO$mEc nmm nN.~ o o p ~mt_~m 1 Qym~~Vy D QroF -mmcmc 7LLOm~ Z4 ~' c mmm?c~--^Nmo~ mO~;.... _Earn ^ - _ Q- O ¢UOQW c iX~ .~ rd n zri l-QrrfXWHy WOJ W6 Omt im m. 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Affor- a acreage In Eagle County. ar pannramlc views from est from these 40+ acre cad from S130,000 (one has spring). Coldwell Banker 476-2113. .LS AREA LANA AUCTIQN. as. Located near Sturgis, >ta. Selllrig In 10 tracts of 67- For details ahd a brochure, ~ain, Broker, b175-342-0922 or 112 West Boulevard, Rapid 701. :K ACREAGE. 2 prhrate, 5- ; on~ East Lake Creek. Might self only one lot, Call r, Prudential Gore flange 970,476-2482, ext. l4. :has ~VETAIL RANCH, Rare chary 80 acres far S4t]0,000 or 40 r S200,000. Wildflower heal#hy Aspen groves, gor- es bordering forest land. 32 of Eagle. Walden Mounteln 524-9311, RANCHI 5,554 +/- acres, 20 3ed I..odge Ski Resort. Scenic f Absaroka-Beartooth New ton rrxirketl S4 mijllon. ices, Broker. 1627 West Main, iozeman, Montana. 406-586- OFFICE/ )M14i~tcCIAL SPACE VT, RETAIL, OFFICE space ~ the Slifer Smith & Frarl~ton ~nchmark Plaza Bldg. in the a, Pease call Slifer Manage- etalls, 476-1063. ICE SPACE avaRable for pur- ~ew Rhrer Centre project lo- the Eagle River in Edwards. features a hotel and Completion--summer, 1996. Prudential Gore Range Inc., afi 9265440, E SPACE for lease. 1512 sq,ff. bcaHon, adjacent to Vall 'se, underground parking, asy access, views. Available N market rent. Call 970-476- REPRESENTATION FOR a your retail arodlor office ding avallabllity and corm res. Call Dave Cole, CCiM, zu, Inc., ar 97o-47a~460, ]MMUIVITY SERVICE lURTING? We can help! Bar- nen call The Advoca#es of rte Center, 24 hours, 449- CS ANONYMOUS. Mraeflngs anent of the Vail lnterfalth I/W/F at 12:30p.m. and T/W/ ~,m. For weekend and other 'ings, calf 476-0572. HEALTH & JL i xITION AL SUPPLEMENTS used by_the ric Ski Team. Ecology safe aroducts, natural skin care, f course. 949-1771, ST & FOUND 2 OF prescription glasSE35 In on Suriday,10115, Call John, blic Notice ORDINANCE N0.14 Series 011995 NANCE PROVIDING FOR THE AMENDMENT OF SPECIAL ANT DISTRICT NO. 91, GOLDEN SE; AMENDING AN APPROVED PMENT PLAN FOR SPECIAL iPMENT DISTRICT N0.91 !N ~E WR}f CHAPTER 18.40 OF THE SEPAL CODE; LOCATED AT 278 ANCH ROAD1L0T5 A, B, AND C, Oil VILLAGE 1ST FILING AND A F TRACT E, VAIL VILLAGE 5TH Flding and a portion pf Tract E, Vall Village Flfih Flling end commonly referred to as the Golden Peak House Special Development Dlatdd; and WHEREAS, the proposed major amendment to the SDD is in the best interests of Fhe community as it meets the municipal objectives identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with Seclfon 1$.66.140, the Planning and Environmental Commission, on September 11, 1995, held a public hearing on rho major amendment to the SDD and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate ponies; and WHEREAS, the Town Council considers Iha! it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, sad visitors to modify the approved SDD No. 31; and WHEREAS, the Town Gouncfl has held a public hearing as required by Chapter 18.66_ of the Municipal Code of the Town of Vail. ' NOW, TdiEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. The Town Council finds that all the procedures set forth for Special Development Dlsiricls in Chapter 18.40 of the Municipal Code of the Town of Vail Have been fully satisfied.. SECTION 2. Spacial Development District No. 31 was established to ensure comprehensive development and use of an area in a manner that will be harmonious with [he general character of the Town, provide adequate open space, employee housing, streetscape improvements and other amenities, and promote the object{vas of the Town's Zoning ordinance. The development is regarded as complememary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposflion of standard zoning districts on the area. SECTION 3. Special Development District No. 31 was established for the development on a parcel of land comprising $,375 square feet in the Vail Village area of the Town; Special Development District Nv. 31 and said 8,375 square feet may be referred to as `SDD No. 31". SECTION A. Tho Town Council finds that the amendment to the approved development plan for SDD. No. 31 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail or demonstrates that either one pr more of them Is not applicable, or that a practical solution consistent with the public interest has been achieved. In accordance with Section 1$.40.04D, the amendment to the development plan for SOD No. 31 is approved. The amended development plan is comprised of those plains sul:mided by Snowdon and Wopkiris Architects, and consists of the fallowing documents: - 1. Sheet No. A-1, dated October 25, 1993 (sde plan). 2. Sheet No. A-6, dated October 25, 1993 (basement plan). 3. Sheet No. A-7, dated October 25, 1893 (ground tbor plan). 4. Sheet No. A-8, dated October 25, 1993 {second floor plan). 5. Sheet No. A-9, dated January 12, 1995 antl revised July 18,1995 and August 14,1995 (thud floor plan). B. Sheet No. A-10, daled.Jenuary 12, 1995 and revised July 18,1995, {fourth floor plan). 7. Sheet No. A-11, dated October 25, 1893 (fifth 11oor plan). 8. Sheet No. A•12, dated October 25, 1993 (roof plan). 9. Sheet No. A-13, dated January 12, i995 and revised July 18,1495 antl August 14,1995 (buiid~ng elevations). 10. Sheet No. A-14, dated October 25, 1993 {building sections). 11. Sheet No. A-15, dated October 25, 1993 {sunlshade analysis). 12. Sheet Nc. A-16, dated October 25, 1993 {View Corridor No. 1 analysis). 13. Other general submittal documents that define the development standards of the Special Development District. SECTION 5. In addition to the Approved Development PFan described in Section 4 above, fha fohowirtg davelopmont standards have been submitted to the Planning and Environmental Commission for its consideration and recommendaton and are hereby approved by the Town Council; those standards are incorporated in the Approved Devalopmenl Plan to protect the Integrity of the davatopment of SDD No. 31; fha following are the development standards for SDD No. 31: A. Lot Area -The lot area shall consist of approximately $,375 square feat. B. Setbacks -Tire raqulred setbacks shall be as indicated on the Approved Develvpmant Plans. C. Height -The maximum height of the Golden Peak House Battling shall be as indicated on the Approved Development Plans. D. Density Control -The maximum GRFA for the Golden Peak House shall not exceed 18,758 square feet. This figure includes 2,781 square feet of excess common area that has been included in the GRFA, The approved density for the Golden Peak House includes fourteen {14} dwelling units. Throe of the dwelling units are approved to have lock-offs. E. Site Coverage -The maximum site coverage for this Special Development District shall mot exceed 7,874 square feet, or 94°h ei the lot area, and shall be as Indicated on the Approved Development Plans. F. Landscaping - AA landscaping shall be in accordance with the Approved Developmemt Plans. G. parking - As provided for in Section 18.52 of the Town of Vail Municipal Code, Off-Street Parking and Loading, all properties located within tYra Commercial Core I zone district shaEl not bo allowed to provide required parking on-site. Parking shall ba provided byGPH Partners, Ltd. paying into fha Town's parking pay-in-lieu fund. The 1993 SDD approval required a total of 13.79b parking spaces. This 1995 major SDD amendment requires an addltlonal 0.2197 parking spaces. Payment into the parking fund, for the motor SDD amendment portion of the project, sfiall occur prior the Town scheduling a iram[ng Inspection al the prefect, according to Section units shall be within the Town of Vail. 2. That prior to the Town's issuance of a Building Permit for Iha redevelopment project, Fhe Gorden Peak House Condominium Association wiU contribute $32,000.00 towards fha redesign and redevelopment p1 Seibert GirGIe.~The $32,000 contribution towards the redevelopment of SeiberE Girote shall be credited towards the Gordon Peak House, shvudd a future Special Improvement District be created for this project. 3. That prior to the Town's issuance of a building partnit for the redevelopment project, Vail Associates, inc., will dedicate open spaco to the Town. The minimum area of open space shall be at least an equivalent area, to chat of the area of the Tract E "ovefiang and deck" easements. A portion of the Mill Creek stream tract will ba dedicated to the Town of Vail as permanent open space and the Pirate Ship Park area of Tract E will be leased to the Town of Vail for the purpose of maintaining the park. "rho terms of the lease are to be agreed upon by the partial. 4. That the Golden Peak Houso Condominium Association antl Vail Associates, inc. shall reserve a public pedestrian access, across Lot G, which is located between the Golden Peak House and the Hill Building, by declaration to be recorded with the Eagle County Recorder. Such declaration shall be permanent and only revocable upon written agreement wSth the Town of Vail, The declaation. of public pedestrian access shall occur prior to the Town's issuance of a Building Permit for the project. 5. That prior to the Town's issuance of a Temporary Certificate at Occupancy for the redevelopment project, GPH Partners, Ltd. shall deed restrict two three-bedroom dwelling units (Units 201 and 40i) to be included in a short-term rental program, ai comparable market rates, a1 all times when said dwelling snits are no! occupied by the owner or his guests. 6. That prior to the Town's issuance. of a Temporary Certifrcate of Occupancy for the redovelopmenl project, GPH Partners, Ltd, shall deed restrict, the remaining two lock-offs in the building (or equivalent), to be intruded in a short- term rental program, at comparable market rates, at alt times when said lock-offs are not occupied by [he owner or his or her guests. 7. That prior io the Town's issuance ai a Temporary Certificate of Occupancy for the redevelopment project, GPH Partners, Ltd. shall deed restrict. rho two accammodatian units (or equivalent) in the building, to be intruded in a short- term rental program, at comparable market rates, at all times when said arcommodatian unhs are not occupied by the owner or his or her guests. 8. That the Gokfen Peak House Condominium Association, or chair successors in interest, shall participate in, and shall not protestor remonstrate against, any improvement district(s) which may ba established by Me Town of Vail for the purposes of constructing improvements as set forth in rho Town of Vail streetscape Master Plan ardlor the Vail Transportation Master Plan,rf and when an improvement district(sf Is formed. 9. That the Golden Peak Houso Condominium Association and GPH Partners, Ltd. shall cooperate with, and shad mat protest or remonstrate against, any efforts by the Town of Vai! to establish additional view corridors or amendments ro existing view corridors as enhanced by the project. Such changes and additions shalt be pursuant to the Municipal Code of the Town of Vail. 10. That the pedestrian arcade (which was originaly proposed over fha first floor retail windows on the north elevation), and that the original ground freer plan, which'daes not intrude fha curved retai€ windows along the eastern portion of the building, be reviewed by the Design Review Board and included in the final building design, ii required by the Design Review Board. 11. That GPH Partners, Ltd. further articulate the first floor "retai3 windows", by adding divided lights 1o the large single panes of glass. 12. Thal Fhe Design Review Board review the proposed root Corm over the main entry on the norlli elevation, end determine if the root form needs to be lowered. 13. That the proposed tar and grave! roof for the building is acceptable. SECTION 7. Amendments to the approved development plan which do not change Its substance may ba app.ro+ied by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.080 and i8.40.10D. Amendments which do change the substance of fha development plan shad fie required to be approved by Town Council after fha above procedure has been followed. The Community Development Department shalE determine what constitutes a change in fha substance of the developmem plan. SECTION 8. ' The developer must begin construction of the Special Development District vvilhln three (3) years from the time of lie final approval, and continua diligently toward completion of fha project. The developer must mast fha requirements of Section 1$.40.120 of the Municipal Code of the Town of Vaif. SECTION 9. If any part, section, sentence, clause, or phrase of this ordinance is for any reason held to ba invalid, such decision shall not effect the val'~dity of the remaining portions of this ordinance; and the Town Council herebydeclares h 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 pfirasas be declared invalid. SECTION 10. Tha Town Council hereby finds, determSnes and declares that this ordinance is necessary and proper for the health, safety and wa4lare of the' Town of Vail and ns inhabitants thereof. SECTION 11. The repeal or the repeal and reenactment of any provision of the Vaif Municipal Code as provided In this ordinance shall not affect arty right which has accrued, any duty imposed, any vlolalion that ocvurred 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 provisions or any ordinance previously repealed or superseded unless stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 17th day of October, 1995. A public hearing shall be held on ,,..n r1.,linennu ..., fr,u 9,L. ,,~,r n! xln.,nmhcr 10O{ Pu Notice ORDINANCE N0.17 , Series of 19955 AN ORDINANCE REPEALING AHD REENACTING ORDINANCE N0.3, SERIES OF 1477, SPECIAL DEVELOPMENT D1STRfCT NO. 7, THE MARRIOTT MARK, AMENDING AN APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0.7, AMENDING THE TITLE OF THE SPECIAL DEVELOPMENT DISTRICT TO THE MARRIOTT VAIL MOUNTAIN RESORT SOD EN ACCORDANCE WRH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE; LOCATED AT 715 WEST LIDN5HEAD CIRCLElLOTS 4, 7, C and D, BLOCK 1, VAIL LIDNSHEAD THIRD FILING, AND SETTING FORTH DETAILS IN REGARDTHERETO. WHEREAS, Chapter f8.40 of the VaIE Municipal Coda authorizes Speelal Development Dlatrlcts within Ehe Town In order to encourage ftexlbillty in the development of land; and WHEREAS, the deveroper, the Marriott Internat[onal, has submitted an application for the major amendment of Special Development District (SDD) No. 7, for a certain parcel of property within the Town, regally described as Lots 4, 7, C and D, Block i, Vall Llonshead Third Filing, more commonly referred to as the Marriott Vall Mounteln Resort Special Development DlsirlM; and WHEREAS, the Marriott Merk Resort has changed ownership and is now mare commonly referred to as the Marriott Vall Mounteln Resort; and WHEREAS, the proposed major amendment f0 the SDD Is In the hest Interest of the Town as It meets the munlclpal objectives Idantl}led In the Town+ of Vel1 Comprehens[ve Plan; and WHEREAS, fn accordance with Sectlan 18.68.14p, the Pienning end Environmental Commisalon, on, September 25, 1995, head a public hearing on the mat or amendment to the SDD and has submitted Ire recammendatlon to the Town Counell; end WHEREAS, ell notlees as required by Section 18.66.080 have been sent to the appropriate part[es; antl WHEREAS, the Town Counell consldars that It Is reasonable, appropriate, and beneflclal to the Towa and its citizens, inhabEtanls, and vlattara to amend the arlglnally approved SDD No. 7; and WHEREAS, fha Town Ccundl has herd e public hearing as required by Chapter 18.68 of the Munlcrpel Code Of the Tawn of-Vail. NOW, THEREFORE, BE ii ORDAINED BY THE TOWN CDUNCIL DF THE TOWN OF YAtL, COLORADO, THAT: SECTION 1, The Town Council }Inds that all the procedures set forth for Spectal DevalapmenF Dlatrlcte In Chapter 1&40 of tha~ munlclpal Cade of fha ~TOwn of Yaif have been fully satlslled. !gotten 1.~ifW Tbts__ortlinanCa_shnu ,,n :.......... nn .,.v •nr.r~~,n cn..,,y~. n„n:n r~yGlOprgaAt D15kiCt-~. ^ SECTION 2. Aspiacial--douraiopme^, ^1°°",'ctas Special Development Dlstrdct No. 7 was established to assure comprehensive development and use of an area in a manner that will bo harmonious with the general character ei fha Town of Vail, Colorado, provide adequate open space and recreational amenities, and promote [ho objectives of the Zoning Drdinance of the Town; and there are significant aspects of the spacial developmenF which cannot be satisfied under fha existing zoning. - Ccn,inn 9~e_.,_..,rOCBdarGS r..irun,~ TM., n tulfillap.-gad-t4~7LOYn~n..~~n.,a ,,.,.. r ~nw nr ,,,n o nnni..., .....,.., SECTION 3. Special Development Dlatrict No. 7 was established for the development on a certain parcel of lend comprlsing 5.17 scree In the Yaf l Llonshead area o! the Town of Yail. c,.,n,n: T~.. .~,, w..,,,. nr«.,,,.,,nn^n ~Fne nl ,O'.~l of ,tin Tn, n ,.y~y ~~.,r~,~nn,,,w ?n,, ,,, rl..,.,. -.fin.. nr ,r,v-ieftowkyg-provisi..n. , ~.;n,, ~.,. n., ns .v}4nh nh..u ~,n •c~~ additionJ,...,,,, nu.-. ,, ?ppia9-rJkP ~.., .._~ p•rrpae- ^, ^ra,l-D,,,,I,prtsogt L1is1RiG. SECTION 4. Approval of Deveopment Plan. A. Tha Development Plan for thoaAadc-Rccort ar'~T^^~`^^'•~b Marriott Veil Mounteln Resort which is part of its said application shall be incorpoated by reference, end made a part of SDD7 and constitutes a general plan and for development within the Special Development District. B. AmendmEmts to the Approved Oevebpment Plan which do not change its substance and which are fully recommended in a report of the Planning and Environmental Commission may be approved by fha Town Council by resolution. C. Tha Envlronmenlaf Impact Report shall be suirmitted to the Zoning Administrator in aCCOrdancewkhJtrtin:n ,~ n,.,.~ Chapter 18.55 of fha Yail Municipal Code prior to rho cammexlcemant of the review and approval process. SupplementaE reports prior to the commencement of construction of each phase shelf be provided as necessary. (1} Each phase of the deveiopmenl shalt require review and recommendations of Fhe require review and retort Planning end Envlronmen approval by the Town Council SECTION 5. Content of Proposed Dot The proposed developm but fs no! Iimled to the folbwi A. F=xlsting and propr grading and site develapn intervals of not more Than 2 drainage plan. Supplement proposed contours and tlrain~ to rho Zoning AdminisGalOr v phase o11he deveopmenl. B. A site plan, et a stall teat or larger, showhg the lot, of all buildings and structures principaE site develapmen landscaped areas, recreation plazas and walkways, send and oH-street parking and loaf C. a parking plan, a1 equals 10 feet or larger, a! and dlmensdons or 204 accordance with Chaptei Munfctpel Code. The party 294 parking spaces she] approved parking plan fr Mountain Resort dated Jur C.D. A prE}liminary lands vt 1 inch equals 40 feet or tar landscape tealures tv be rata showing proposed landscapin development features such a; facilities, bicycle paths, trails, I walkways, water tealures, arty OE. Schematic building and floor plans, at eppropriat detail 1o determine floor era: and use location, and general proposed developmenF. Sps items and the appearance sh phase basis. >=.F. A volumetric mode proposed development photographs, at a scale of 1 li larger, portraying iho scale an development to the site, ono and mass of S1ruClures In the ~ G. An archltacturr submitted prior to constructlo scale of 1 inch equals 20 Fset G. H. A phasing play deveopment indicatEng order. construction phases, anent interim devebpment. SECTION 6. Permitted Uses in the Sp A. Multiple famly resitlentl attached or row dwellings dweCigs. B. Lodges, including drinking, recreational or retail e C. Proiesslonal and busin D. Meeting rooms and ca E. Accessory eating, establishments shall not coca cant of fha total gross resides davelopmenl. SECTION 7. Condillonal Uso3 in fha Si A. Private clubs and intoner organlzaHons. B. Public or commercial structures. C. Public transpodallon IE D. Public utility and public E. Public buildings, grouni F. Public orprivaleschoc G. Public park and recrea H. Channel. I. Major arcade, so long any exterior frontage on am walkway, or matt area (See Ni SECTION 8. Axessory Uses in Iha SI A. Swimming pools, for courts, squash courts, ar recreational facilities cus[c permitted lodge uses. B. Minor arcade. (Sea Ni C. Other uses custom accessory to permitted or c necessary for fha operalbn tr • &~ Deuelvpmenl Standards. The following develop minimum development start District. A. Lot area and site dime Tha Speolaf District shi totaling 5.17 acres as specHle B. Setbacks. The raqulred setbacks s in the Development Pian, planting and an acceptable rE properties. C. Dlstanaes belweren but The minimum distance I adjacent Sites Shall ba a Davek>p»tent Plan. D. Height. (Story shat Uniform Building Code.y The height o! the buildln the recommendalioms of the t and Ihe'approval of the Tov archileCtaFel design 19 appraYE E. Density Control. Tha grass residenliel fro buildings (including, existing b the !pedal Dlstdct shall note: feet.-Tho-rotor-nu-"~"- n' "v Tr dwelling units shall not ~ total number oT accomm~ not exceed 278. F. Building Bulk Control. Building Bulk, maxir maximum dlmenslons for requiremems for wall offsets of roof Ilnas shall be indicator of fha approved Development G. Site Coverage. The site area to be cove be as generally Indicated an t' but in no case shall exceed area. H. Useable Open spaco. FJsaahle Doan soace s ~g-Ordinanco. (1) At 1@aai • shaft ba rar{dired at the ntaln Resort. The 294 stroll be provided as approved parking plan All required park6[g shall be ing or build"vrg5 or tfeneadr iza and patios exempt the N regisimtfon and temporary provided for Charter very, and garbage (adllties rid whhin the structure as rpmern Ptan. nt that Phase ll of the tienced within two years of Phase I, the aurtaee r Phatte 1 shall ba placed Id within two years from uk on Phase II was to be rte 2) lams. i6t be permitted in individual Fireplaces shall be permitted its with no more than two shall be in the Special :o be located it a put>Fic arm. section, subsection, phr~e of this o held to fie invalid, such aRect the vaildily of the ~ 01 this ordinance; and hereby declares K would TMlnance, and each part, m, serdance, clause or rrdtesa of dta tact that any I. SBCtlone, ttabataYfona, 1 or phrases ba . , w,. :. I :ounoEl hereby Linda, c1ar~ dial this ...i ,. goer far Ute health, safety, e Town of Yall and iha rte repel entl : , N the Atuniclpel Coda~of if as provided' In this. N altect arty right which uty irr>p~ad, ergr rleketfon or to iha affective date zdon ...1, nor any rceedinge ae . ., cad of fife provfafon , . . , rnaeted. The repeal M arty shall hat revive any ordinance previously rsed9d unbsa expressly rrdars, rasoiutiona, and irle thereof, incanslatent dad to the extent only of y. This repeater 6ha11 not revise any bylaw, ardor, finance, or part thereof, READ, APPROVED, AND tHED ONCE IN FULL OH :his 9rd day of October, headng shall be held an iha 17dt day of October, n the Cauncll Chambers d Building, VaO, Coiwado. TOWN OF VAIL Margaret A. OsterfOSs ATTEST: Lori Alter DefwlyTown Clerk ,PPROVED ON SECOND DERED PUBLISHED ONCE y of Octaber,1895. TOWN OF VAIL Margaret A Ostedoss Maya ATTEST: Lori Aker DeputyTOwn Cleric ice No. 6.1982. An Ord"ataftce 1.04 Of fi'la Vaif Mtatiapal Casa oncoming defaiitions of major de and amusement device; titional and accessory use > 18.22, 1824, 1627, 1828, 41, 18.A2, 18.46, 18.46, Les of 1978, Ord~tartce I+b. 7, hence No. 26, Series of 1981 tl Coda to permrT major and ding Chapters fe26 and 18.44 Coda to atOwL:,ar..~•..1828 Municipal Code to alkyw rumor ~ry uses; and other matters sndmenle. hence No. 20, 1977- An g Ordinance No. 3, Series ot. ~! DavebpmerC tlistiit:t No. 7, rpment Flan and ..:." , lftat fenced within two years of e I; and setting forth details thence No. 25, 1981. An 1 Spacial Development District f 1977 cancemmg Ora number s Marriott Mark. In addition, of the Special DaveiopmenF tcl ei Tha VeA Tra6 Xabar20,19ft5 WHEREAS, Section 18.4-401. Theft. C.R.S. has been amended to Increase the thing of value to lass than $400: and WHEREAS, the Town of Vail ordinance should be consistent thereto. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNOIL OF THE TOWN OF VAIL, COLORADO AS FOLLOWS: SEGTION 1. That Section 9.22.O10A. is amended as fdkxvs "Larceny" meansio take or exercise control over property of another having a value of less then three tour hundred dollars without authorization or lty threat or d~..o,,.;...,: and 1. With the intention to-deprive the owner permanently of the use or benefit of such property: or 2. To knowingly use, conceal or abandon such property in a manner so as to deprive the owner permettsmy o1 ds use or benetii; or 3. To use, conceal or abandon such property intending that such use, concealment or abandonment wilE depdve the owner pennanentty of its use or benefa; Or 4. To demand any consideration for which one is not legally enbtlsd as a condition of restoring such ,....,..:.:y to the owner. SECTION 2. if any part, section, subsection, sentence, clause or phrase of this ordinance €s for any reason fnskl to be Invalid, such decision shall oaf atfectthe validity of die remaining portions at this ordinance; and the Tpvm Council hereby decares h 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, soclions, subsections, ssmences, clauses or phrases be .::.,M:, ~.: Invalid. SECTION 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and wenare of the Town of Vail'and the inhabftantsihereof. SECTION 4. The repeal or the repeal and reenactment of arty provisbn of the Municipal Code 01 the Town a1 Vail as provided In this ordinance shall. not affect any righE which has acareed, any duty imposed, any v€olation 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 end reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or ta~;..~:..::.~ unless expressly stated herein. SC-CTiON 5. All bylaws, orders, resolttions, and ordinances, or pans thereof, inconsistent herewith are repealed to the extort! only of such Inconsistency. This repealer shad not be construed to revise anytrylaw, order, resolution, or ordinance, or part thereof, duaretofore repealed. 1NTRODUCEO, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN fULL this i7ih day of .October, 4995. A public hearing shall be held on this Ordinance on the 7th day of November, 1995 at the regular meeting of the Town Councif of iha Town of Vail, Calarado, in the Municipal Building-of the Town. TOWN OF VAEL Margaret A. Osterfass Mayor A'T'TEST: Lori Aker Deputy Town Clerk Published kt The Veil Trell on October 20, 1995 Public Notice ORDINANCE N0.19 series of 1995' AN ORDINANCE TD CHANGE THE ZONING OF 67 PROPERTIES IN SHE TOWN OF PAiL FROM THEIR CURRENT ZONING TO THE NATURAL AREA PRESERVATION DISTRICT, OUTDOOR RECREATION DISTRICT, OR THE GENERAL USE DISTRICT (sE8 FJ(H16ffS A & B). WHEREAS, the Town Councif has approved an Open Lends Plan which included a provision to review end where appropdate rezone open space parcels to address legal non conforming uses, improve protecllon of sensitive natural resources, and to ensure the appropriate zoning of outdoor -recreational arms; WHEREAS, the proposed zoning changes would be in concert w8h the padcies and goals of the Vail Land Use PEan and Comprehensive Open Lands Plan to protect the quality of the environment; protect open space; improve summer recreational activnies; and to allow tar rho quality of development to be meiniain6d and upgraded witerlever possble; WHEREAS, rho proposed dawn-zonings to the Natural Area Preservation District wid help protect sensitive natural resources in the Town of Vail whist €s an objective of iha Town as stated in Tho Vail Land Use Plan. Comprehensive Open Lands Plan, and Environmental Streteglc Plan. WHEREAS, iha proposed zone changes to the OR District will allow the community to improve atrmmer recreatiortai opportunities which is a goal of the Vail Land Use Plan. WHEREAS, the proposed up-zoning to the General Use District will allow existing buildings to better make improvements to Fheir structures and allow the quality of the development to be batter maintained and upgraded through an orderly planning ,.....,..a.•• VYHEREAS, this rezoning will help ensure that development does not occur where it is Inappropriate because of natural constraints (g.g., hazards, wetlands, riparian areas, criEicaf habdat) while also providing Thu oppOnunity for the ordedy tlevefopmem of properties where development is appropriate NOW, THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: SECTION 1. The Town Council finds the procedures for amend'atg the zoning for ttia properties ideMitied in Exhibits A & B, es set forth in Section 18.66:tOp- 18.88.180, o10te Vail MuniGpaE Code have been sadsfied. ,Gya, a„y ~ Q Na, sections, subsections, sentences, clauses or phrases be declared snvalid. SECTION 4. The Town Council hereby finds, determinos and declares that this ordinance is necessary and proper for the hoaith, safely and welfare of iha Town of Vail and the inhabitants thereof. SECTION 5. - Tha repeal or the repeat and reenactment of any provision of the Vail Municipal Codo as provided in this ordinanao shall not affect any right which has accrued, any duty imposed, any violation that ocaurrad prior to the effective date hereof, any prosecution commencetl, 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 repeated or superseded unless expressly stated herein. SECTION 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to iha extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or orctinance, or pan thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED pNCE IN FULL this 17th day of October, 1995. A public hearing shalt be haltl on this Ordinance on iha 7th day of November, 1995 at the regular meeting of the Town Council of the Town of Vail, GolOrado, in the Municipal Building of the Town. TOWN OF VAIL Margaret A. Ostertoss Mayor ATTEST: Lori Aker Deputy Town Clerk (SEE EXHIBITS A & 9 DN PAGE 32} Published in The Vail Trail onOctober20, 1995 Public Notice ORDINANCE N0.20 Settee of 1995 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAIONG APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF YA1L, COLORADO, L~R f fS F15CAL YEAR JANUARY 1,1996, THROUGH DECEMBER 31,1996, ANO PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPBRTY TAXES DUE FOR THE 1995 TAX YEAR AND PAYABLE iN THE 1996 FISCAL YEAR. WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submided to the Town -Counci!- a proposed long-range capital program for the Town and a proposed budget and linan0ial plan tar all Town funds and activities for the 1996 fiscal year; and WHEREAS, notice of public hearing vn the proposed Town budget and capital program was published on the 27th day of October, 1995, more than coven (7) days prior la the hearing held on iha 7th day of November, 1995, pursuant to Section 9.5 ai the Charter; and WHEREAS, it is necessary idr the Town Council to adopt a budget and financial plan for the 1996 iiseal year, to make appropriations for the amounts specdied in the budget, and to provide for the levy, assessment and collection of Town ad valorem properly taxes due for the 1995 year antl payable in the 1996 fiscal year. NOW, THERi=FORE, be it ordained by the Town Council of the Town of Vail, Coloiado, that: SECTION 1. Tho procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof have txran fudilled. SECTION 2. Pursuant 1o Article IX of the Charter, the Town Council hereby makes iha following annual appropriations for the Town of Vaif, Colorado, for its fiscal year beginning on the first day of January, 1996. and ending on the 31st day of December, 1996: FUND AMOUNT General Fund $14,309,233 Capital Projects Fund 7,887,865 Real Estate Transfer Tax 2,073,853 Parking Structure Fund 1,976,A30 Heavy Equipment Fund 1,558,363 Polies Confiscation Fund 87,306 Debt Service Fund 1,289,440 Headh Insurance Fund 1,117,790 Vail Marketing Fund 345.000 Booth Creek Debt Service Fund 34,375 Vail Housing Fund 41,500 FaciliryfdaintenanceFund 1,631,656 Total: $32,352,811 Less Intenund Transfers: ~ a Oat; saa~, Net Butlget $25,908,449 SECTION 3. The Town Councif hereby adopts the full and wmplete Budget and Flnancfaf Plan for the 1996 fiscal year for•the Town of Vail, Colorado, which are incorporated by reference herein and made pan hereof, and copies of said public records shall ba made available tatha public in the Municipal BuikJing of the Town. SECTION 4. For the purpose of defraying part of the operating and capital expends of 61e Town of Vail, Colorado, during its 1998 fiscal year, the Fawn Council hereby levies a property tax of 4.65 mills upon each dollar of the total assessed valuation of $391,640,540 for iha 1995 tax year of all taxable properly within the Town, which will result in a gross tax levy of $1,882,057, calculated as.tollows: Base miA levy 4,56 $1,786,792 Abatemem mill levy ,rQ;i 35.285 Total mill levy 4.65 $1,872,057 Sold assessment shall be duly made by the subsection, sentence~clausevor phrase thareoi, regardless of the ('act that any one or more pans, sections, subsoctions, sentences, clauses or phrases be declared invalid. SECTION 7. 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 8. The repeat or the repeal and reenactment of any provision of [he Municipal Coda 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 prov'rsiort hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated homin. SECTION 9. 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 ORDhRED PUBLISHED ONCE IN FULL this 17th day of October, 1995. A public hearing shall be hold on this Odinance on the 7th day of November, 1995 at the regular meeting of the Town Council of iha Town of Vaif, Colorado, in iha Municipal Building of the Tovm. TOWN OF VAEL Margaret A. Ostenoss Mayor ATTEST: Lod Aker Deputy Town Clerk Published in The Vail Trail on October 20.1995 or by virtue of ttta provision repeak and reenacted. The repeal of any pr shalt not revive any provision or r previously repealed or superseded is slated herein. SECTION 6. Ali bylaws, orders, resofutons, e or pans thareoi, i...,....~:.,:_..: horewil to the extent only of ouch incon: repealer shad not be construed to rep order, resolution, or ordinance, of theretofore repealed. INTRODUCED, READ READING, APPROVED AND PUBLISHED ONCE IN FULL thi; October, 1995. A publ~ headng st this Ordinance on the 7th day of Nc at iha regular meeting o1 [ho Town Town of Vail, Coorado. in the Munk the Town. TC MargarE Dap Published in The Vail Tr on October 20.1995 Public Not NOTICE CONCERNIN REGULAR MUNICIPAL ELE TOWN OF VAIL, COLOR NOVEMBER 21,199.' NOTICE IS HEREBY GIVEI regular municipal electbn of the Too held at the Vail Municipal Building November 21, 1895, from 7;00 AI there wiA ba submitted to the regis olaMOrs of die 7oxn of Vall, Cobrad CharterAma..,:...~..:Pr.,,..,:'c . A PROPOSITION AMdYDtN(' TH OF THE TOWN OF VAIL, COLT Public Notice PRDTECTDEStGNATEDOPE ORDINANCE N0.21 Series 011995 AN ORDINANCE AMENDING SECTION 5.04.1211 TRANSFER OF LICENSE AND SECTION 5.2D.100 EXEMPTIONS; AND SETt1NG FORTH DETAILS IN REGARD THERETO WHEREAS, the Town Council of the Town of Veil believes that iE is the best interest of the community to allow far a transfer of iha annual business Eicense ies when a subsequent business operator assumes a business location and operates a business al the same category, in iha same space as a prior business that had a current business license fee; and WHEREAS, the Town Council wishes to insure that iha proceeds of special events are contributed to and realized by exempt chadtable organizatims. NOW, THEREFORE, BE IT ORDA1NEp BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. Section 5.04.120 Transfer of License is hereby amended to read as follows: 5.04.120 Transfer of License. A. It a business is sold or transferred to a different individual, partnership or corporetion after iha business license fee for any given year has been paid, the new comer shall pay a one hundred dollar transfer tee, and upon payment of said fee. shelf not be required to obtain a haw license or pay an additional license fee for the year of said transfer. B. 11 a business opens after September the 1st of any calendar year, and occuplea a space or location where the buslnesa IEcense lea has been paid for the current year by a prior buafneas of the same category as set forth ]n Section 6.04.040, the new businsas can transfer the business [lcense for a one hundred dollar trenafer fee for the remarntlar of iha current year. The transfer of the business license fee Creates no right to a refund for the prior buafneas. C. SECTION 2. Section 5.20.100 Exemptions. A. All religious and charitable organizations shall be exempt from the license tae and the sales tax deposit required by this Chapter, however, such organizations most register with the Town Clerk pdorto any scticitation activities. B. Any fair, show or exhibit of arts, crabs or similar handiwork, any sports event, educational, recreational event or cultural activity that is sponsored by an exempt organization as defined above may apply to the Ta-•- ^-°~~ITOwn Manager for a special events license. Sold application shall include the name and local address of the exempt organizailon that is sponsoring the event, proposed duration, number of exhlbi[ionists or merchants caking part in the event, purpose of the event, goads or types of goods 10 be sold, a statement as to whether of not lho applicant or ks agents have aver bean convicted of any crime or misdemeanor and the nature thereof. t. At the time of the filing of the application a fee of fifty dollars shall be paid to the Town Cleric to cover the cast of investigating the facts stated therein. 2.Iwvra-Council Town Manager may impose conditions on the approves of the spacial events license Including required sandaiion and clean up measures, security measures, bond t0 guarantee performance of any condition or to secure the payment safes tax due the Town. Upon issuance of a special events license, individual vendors I'~sisd on the applicatiat will not be required to obtain transient vendors licenses. SECTION 3. Ef any pan, section, subsection, sentence, clause or phrase of this ordinance Is for any reason held to be invalid, such decision shall not affect iha validity of the remaining portions of this ordinance; and the Town Council hereby declares d would have passed this ordinance, end each part, section. subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more pads, sections, subsections, sentences, clauses or phrases be declared invalid. Shall the Charter of iha T Coorado, be amended to irtckxie an Designated Open Space to read as F SECTION 1. Desigrmted Open As used in this Chahar, Des Space shall mean any interest h awned by iha Town of Vail whkh, wh by purchase, dortelbn, ......J~...natb means, has been dedicated by Designatetl Open Space. Such De<. Space shalt not be alienated, so'. sub)ected to a zoning desigtation Ctrs ohs pf iha open space rone dlsbic this Article, unless all terms and prc article have beer[ mat. SECTION 2. Cheractedslics t Open Space. To qualify as Designated Opt destgna[e pa~cet must txi owned ! Vad andzaned Natural Area Presort Racreatlon, or Agriculture Opan ! either. a) anvironmenlaity senshfve ter riparian areas, critivat habitat We Division of Wildldo, Dr the Nali Program); b) high natural hazard areas irx year flood plain, red avalarrche haz rock tad hazard area, and high deb+ area; or c) Town of Vall parks that pr outdoor reasation oppodunitias. SECTION 3. Creadat of the Da Space Beard ol7rustees. There shat[ ba an open sp Trustees consisting of three m members of Iha Board shall ba iha l one Tawn of Vait Council mom Planning 8 Environmental Comm Town Counch member and thr Enviomnmanfal Commi9siater shay d their respective boards. The Das Space Board shall hat penorm any functbns unless expressly r . ~ . i The Board shah: a) make recommendations Council of appropriate portals to be open space; and b} make recommendations Council concerning removing p~ Designated Open Space status. Tho Town CounGl andfor the'. shall hat act on any of the matte paragraphs (a} and {b) withau recommendation from iha Boa provided. Tha Board's recommender bind'ng upon the Town Causal. SECTION 4. Creation o1 a Ds' Space Parool. Upon unanimous recommend Open Space Board of Trustees coot of land which meets the charaMarLsl in this Charter, the Town Councl sh ordinance to include such parceE i Operi Space. Every ordinance des Space shed require the aHitmatlve fourths of the entire Council for final No Designated Open Space leased, traded, or otherwise cone any axduslve Ilcertse or permit an st Open Space land ba given, nor rr zone change other than oho o! O zone distdcts idenlitied In this / Designated Open Space be permi disposal as set foritt kt Section 5 b SECTION 5. Disposal of De: Spaoa. Town Council may consider 11 trade, alienation, pannidl, gmrtting license or permit, use or zone cha one of the open space zoos distnt this Article of Designated Open SI receiving a unanimous recommen action from the Open Space Board Once such reoommendalfOn f, Town Council shad consider an ord such quastlan of disposal of Doi Space 1a die registered e1eCtOra ffi E Ear Ehelr accaplancB or rejegion: ' shell give the location of the lend 1 the intsrtdetl dispose[ thereof. Every Shan require Ina affirmative vas of I