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HomeMy WebLinkAbout1995-21 Amending Section 5.04.120 - Transfer of License and Section 5.20.100 - Exemptions~- ~ ~ ~ ORDINANCE N0.2i SERIES OF 1995 AN ORDINANCE AMENDING SECTION 5.04.120 TRANSFER OF LICENSE AND SECTION 5.20.100 EXEMPTIONS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town Counci! of the Town afi Vail believes that it is in the best interest of the community to allow for a transfer of the annual business license fee when a subsequent business operator assumes a business location and operates a business of the same category, in the same space as a prior business that had a current business license fee; and WHEREAS, it is equitable to allow for a quarterly proration of the annual business license fee for new businesses applying for their initial license; and WHEREAS, this proration shall apply to all applications for new licenses for new businesses opened an or after October 1, 1995; and WHEREAS, the Town Council wishes to insure that the proceeds of special events are contributed to and realized by exempt charitable organizations. NOW, THEREFORE, 8E IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1) Section 5.04.120 Transfer of License is hereby amended to read as follows: 5.04.120 Transfer ofi License. A. If a business is sold or transferred to a different individual, partnership or corporation after the business license fee for any given year has been paid, the new owner shat! pay a one hundred dollar transfer fee, and upon payment of said fee, shall not be required to obtain a new license or pay an additional license fee for the year of said transfer. B. If a business opens after September the 1st of any calendar year, and occupies a space ar location where the business license fee has been paid for the current year by a prior business of the same category as set forth in Section 5.04A40, the new business can transfer the business license for a one hundred dollar Transfer fee for the remainder of the curren# year. The transfer of the business license fee creates no right to a refund for the prior business. C. If a business opens during the calendar year the business license fee, as set forth in Section 5.04.040, will be pro-rated on a quarterly basis. If a business opens on or between January 1 st and March 31st of the calendar year 100% 1 Ordinance No. 21, Serias of 1995 of the fee will be due, if a business opens on or between April 1st and June 30th of the calendar year 75% of the fee will be due, if a business opens on or between July 1st and September 30th of the calendar year 50% of the fee will be due, if a business opens on or after October 1st of the calendar year 25% of the fee will be due. The pro-ration does not apply to seasonal businesses that have had a business license in the prior years. D. Under no circumstance will the business license fee be reduced to an amount less than $100.00 because of pro-ration. 2} The amendments to Section 5.04.124 shall be effective as of October 1, 1995. 3} Section 5.20.10D Exemptions, A. All religious and chari#able organizations shall be exempt from the license #ee and the sales tax deposit required by this Chapter; however, such organizations must register with the Town Clerk prior to any solicitation activities. B. Any fair, show or exhibit of arts, crafts 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 Town Manager for a special events license. Said application shall include the name and local address of the exempt organization that is sponsoring the event, proposed duration, number of exhibitionists or merchants taking part in the event, purpose of the event, goods or types of goods to be sold, a statement as to whether or nat the applicant or its agents have ever bean convicted of any crime or misdemeanor and the nature thereof. 1. At the time of the filing of the application a fee of fifty dollars shall be paid to the Town Clerk to cover the cost of investigating the facts stated therein. 2. Town Manager may impose conditions on the approval of the special events license including required sanitation and clean up measures, security measures, bond to guarantee performance of any condition or to secure the payment sales tax due the Town. Upon issuance of a special events license, individual vendors listed on the application will not be required to obtain transient vendors licenses. 2 Ordinance No. 21, Series of 1985 k • L 4) ff any part, section, subsection, sentence, clause or phrase of this ordinance is far 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. 5} 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. 6} 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 ar by virtue of the provision repealed or repeated and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7} AI! bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not foe construed to revise any bylaw, order, resolution, ar ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17Th day of October, 1995, and a public hearing shall be held on this Ordinance on the 7th day of November, 1995, at 7':30 p.m. in the Council Chambers of the Vai! Municipal Building, Vail, Colorado. ATTEST: ~~ Holly McCutchean, Town Clerk Mar~aret A. Osterfass, May r READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED _[,U.. ~1-(.U,i' this~day of /t/~pi~' , 1995. ATz~CT: ~ J ~~ Holly cCutcheon, Town Clerk caoROSS.~ s r~ Margare~{A. 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E N~ w-m~ 6 0~ N N~ a w vwn, w' co~° n ~ ~ m m sm y. w~°amw1° W @ O ~ N w ~ c0 ~ ~~ Z o ~ -„ ~ C1 D O ~ ~ m ~ O ~~~ !` p O N p m ~ w 1 ~~~~T~ e m ap$oa ~~~CC~i ~o ~~mm b~ZOmO N ~ a ~ 7D 0 0 0 C ^~ J 0 Z ~ ~ ~• z Z ~Q .N. \~/ SS. 7F EAGLE ) _EN KNOX do solemnly swear that I am the PUBLISHER of SAIL; that the same is a weekly newspaper printed, in whole ar in part and in the County of Eagle, State of Colorado, and has a general circulation at said newspaper has been published continuously and uninterruptedly in ty of Eagle for a period of more than fifty-two consecutive weeks next prior t publication of the annexed legal notice or advertisement; that said 3r has been admitted to the United States malls as second class matter provisions of the Act of March 3,1879, or any amendments thereof, and that gaper is a weekly newspaper duly qualified for publishing legal notices and vents within the meaning of the laws of the State of Colorado, That the seal notice or advertisement was published in the regular and entire issue umber of Bald weekly newspapers for the period of ~ consecutive and that the first publication of said notice was in issue of said newspaper _ ~}bvi~,Ni3~ iv , 19 `~~ and that the last publication o_f said notice issue of said newspaper dated ~~~`~~ ' ~' 19g5 . In witness gave hereunto set my hand this i~~ day of ~~~~ , f ,~f/s cribed and sworn to before me, a notary public in and for its of Colorado, this i~~ day of ~`'`~"'i~- e County of 19 `Ja . My commission expires ebruary 1 L 3997. me ~.vara, enrerraea ANp WA6tLIT1E8 pF THE TOWN OF VAIL, COLORA00, FOR IT'S FlSCAL YEAR JANUARY t, 19@6, 7HROUGN f>ECEMBER 31,1999, AND PROVIWNO FOR THE L.£NY ASS£SSN4£NT AND COLLECTION OP T01ftTt AD VALORE61 PROPERTY TAXES DUE FOR THE 1995 7A7( YEAR AND PAYABLE IN THE 1996 FISCAL YEAR. WHEREAS, €n accordance wltH Article IX of the Charter of the Tovm of Vail, Cobrado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program Ier the Town and a proposed budget end financial plan for al[ Town funds and ectivltles for the 1996 fiscal year, end WHEREAS, notice of public hearing an the proposed Town budget and capital program was pudlsftad on the 27th day of OcKObar„1ti95, more than seven {7) days prku to the ltearirg field an the 7th day cf November, 1995, pureuent to Section 8.5 of the Charter; and . WHEREAS, it is necessary for the Town Council to adopt a budget anti financial plan for the 1996 fiscal year, to make appropriations for the amounts specified in the budget arld to provWe for the Levy, assessment and collection of Town ad valorem property taxes due for the 1995 year and payable h the 1996 fiscal year. NOW, TiiEREFORE, BE IT ORDAINEO BY THE TOWN CO[1NCiL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 4. The procedures prescribed in Article tX of the Charter of the TDwn o! Vail, Colorado, for the erlflr;hrteM ftereof have been fulfilled. SECTION 2. Puraueni to AAlcle IX at the Charter, the Town Council hereby melcas Ste following annual appropriatbns for the Town o! Velt, Colorado, for Its fiscal year beginning on the first day of January, .1998, and ending on the 31st day of December, 1996: FlJND AMOUNT General Fund $14,309,233 Capital Projects Fund 11,733,545 Real Eslate Transfer Tax 3,390,353 Perking Struclure Fund 1,976,430 HeavyEquipmanlFund •,,558,383 Police Confiscation Fund 137,308 Debt Servloe Fund 1,289,440 Hsektt Insurance Fund 1,117,790 Vail Marketing Fund 345,000 Boo1H Creek Debt Service Fund 34,375 Vail Housing Fund 41,500 FacilityMaimananceFund 1,$3f,656 Total: $37,514,991 Less tntertund Transfers: r R eaR ~+~. Net Budget $31,068,823 SECTION 3. The Town CouncH hereby adopts the full and eemplete Budget and Financial Plan for the 1998 fiscal year for the Town o1 Vall, Colorado; which are incorporated by reference Ftereil and made part hereof, and copies of said Public records sha11 ba made evaAab!e ro the pudk: in the Munkipal Building of the Town. SECTION 4. For the purpose of defraying part of the operating end caplal expenses of the Town of Vail, Colorado, during tts 19913 tlacal year, the Town Council hereby levies a property tax of 4.85 mi4ls upon each dollar of the total assessed valuation at $391,840,540 for the 1995 taz year at alt taxable property within the Town, which will result in e gross taxlevy of $1,882,057, calculated as fotbws: Base milt levy 4.89 $1,857,731 Mlllavyeredl ~,t3~ c50,S38~ Abatementmllllevy ~ ., 35.285 Total mill levy 4.65 $1.822,457 Said assessment shell 1>e duty made by the County of Eagle, Stale of Colorado, es directed by the CplDrado Revised Statutes {1873 as amended), and as otherwise required bylaw. SECTION 5. This Or["nance shall take affect flue {5} tlays after publication, folbwing the iinai passage hereof. SECTION 6. If any pan, section, subsection, sentence. clause tx phrase of this ordinance is for any reason held to ba invalid, such decision shaft rwt effect the velklky of the remaining porttans of this ordinamce; and the Town Council hereby declares k wtxdd have passed this ordinance, and each pert. section. subsection, sentence, clause or phrase Htereot, regarrtlees o! Ifie fact that any one Cr more pane, sections, subsections, senteneas, clauses or phrases be declared Invalid. SECTION 7. The Town Council hereby 11nds, determines, and declares that this ordinance Is necessary and proper far the Health, safety, and welfare of the Ta+m of Vail and the inhabRaMa thereof. SI=CTION 8. The repeal or the repeal end reenactment of any provision o! the Municipal Code of the Town of Vail as provided In this oMlnanca shelf vat affect any right which has accrued, any duty imposed, any violation that occurred prlos to iha effective date hereof, any prosecution commenced, nor any - other action or r. _,..,.:dln9a as commenced under ar 4Y virtue o! the provision repealed or repealed and reenacted. The repeal of any provlslan hereby shall not revive any provision or any ordinance previously repealed or superseded unless expresaN stated herein. SECTION 9. All bylaws, orders. resolutions, and ordinances, or parts thereof, irtconststent harewidt are repeated to the extent only of such Inconsistency. THIS repealer shall not ba construed to revise any bylaw, order, resolution, ar ordinance, or pert thereof, theretofore repealed. INTRODUGED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 17tH day of October, 1995. A public hearing shaft be held on this Ordinance an the 7th day of November, 1945 at the regular meeting of the Town Council of the Taws of Vail, Coloreds, In the Municipal Bulldhg o1 the Town. TOWN OF VAIL Margaret A. Oatarfoss ~Ya ATT•^BT: Lori Aker . Deputy Town Cledt _-._ nun rvurlcy vurcw, ul~nvl. Suite 264, Bozeman, Montana. 406-58h- 7629. oF~ICE~ COMMERCIAL SPACE RESTAURANT, RETAIL, OFFICE space available in the Slifer Smtfh & Frampton Center, benchmark Plaza Bldg. In the Avon Plaza. Please call Slifer Manage- ment for details. 47(x1063. VAIL OFFICE SPACE for lease. 1512 sq.ff. Excellent location, adJacent to Vall Coif Course, underground parking, elevator, easy access, views. Available new. Below market rent. Call 970-476- 8324. TENANT REPRESENTATION FOR tiegotkafing your retail and/or office Eerie, including availability and com- petitive rates, Calk Dave Cole, CCIM, Re/Max Vall, Inc., at 970-47b-6460. RETAIUOFFICE SPACE available for pur- chase In new Rlvar Centre protect lo- cated an the Eagle River In Edwards. Btallding features a hotel. and restaurant. Completion-summer, 1996. Call The Prudential Gore Range Proparhes, Inc., at 926-8440, HEALTH & NUTRITION NITTRRIONAL SUPPLEMENTS used lay the U.S.Olymplc 5k1 Team. Ecology safe clraaning products, natural skin care. Shaklee, of course. 949-1771. Public Notice NOTICE CONCERNING REGULAR MUNI49PAL ELECTION TOWN OF VAIL, COLORADO NOVEMBER 21,1995 NOTICE 15 HEREBY GIVEN [hat at the regulav municlpel election of the Town at Vail to be held at the Vail Municipal Building on Tuesday, November 2t, 1995, from 7:00 a.m. to 7:00 p.m., them will ba sut>mittad to the registered qualified elecors of the Town of Val1, Cobredo, candidates for Town of Veil Council poaHicns. Registered electors may vote for four caunnil persons. The three candktrsYes ratp3ea:,g 616 highest rl~rnuer pi voids ar+afi ua ele,:lea tt faux year [enny and the candidate receiving the nerd highest number of votes wilt serve for two years. The fallowing, whose rlominetfans have been duly certified, are candrJatos fpr council person: JAN STRAUCH BOB FISKE LUDWIG KURZ KEVIN R. FOLEY BOB ARMOUR ROB FORD MICHAEL D. JEWETT LOU MESKIMEN GREG AMSDEN E. B. CHESTER Also sutxnitted to the registered qualNied electors of the Town of Vail, Colorado. will ba the [-'~. ~ ,,question: QUESTION i. SHALL THE CHARTER OF THE TOWN OF VAlL, COLORADO, BE AMENDED TO INCLUDE AN ARTICLE ENTITLED DESIGNATED OPEN SPACE WHICH WILL PRpVIDE THAT TOWN OF VAIL OWNED PROPERTY, WHICH MEETS CERTAIN CRITERIA ANO HAS BEEN SO DE5IGNATE;D, CANNOT BE DISPOSED OF UNTIL APPROVED BY THE REGISTERED ELECTORS A7 A TOWN ELECTION? Those persons who ere citizens of the United Slates, elghlaert (18) years ai age or alder, who have been residents of the State of CClorada for thirty (30) days precedktg the electlan end residents of the Town of Vail, Colorado, tar thirty (30) days prated'€ng iha election, end who have been duly registered with the Town of Vall, shall be enlHied to vote ai seW election. Those registered qualified electors who are otherwise fully qualified to vote on said ballot issues at said election, but who shall Ue absent from the Town of Vaik on the day of said election, or who shall ba unable to attend the pofis, may apply in writing at the office of the Town Cigrk of Va€I, Colorado, for absent voter ballots et any time during ragufar business hours on or before 5:00 p,m., Friday, November 17, 7995. There wi8 be one election precinct far said Regular Munk:ipal Election, [he boundaries of which shell be the same es those of the Town and the polling place for which shell be the Vail Municipal Bulldkrg, Val1, Coorado. Tae absent voter and vraHc- in absent voter polling place shall also t>e the Veil Municipal Bullding, 75 South Frontage Road, Vait, Cokxada 61!357. The votes cast shall ba counted an electronic {optical scan) equ~rtrent and saki election shall be held and eorYdudad, the returns thereof canvassed, and the reauhs thereof declared, In the manner prescribed by law for all such regular munielpal 6laclbns in the Town. IN WITNESS WHEREOF, the Town Council has caused this nolloe to be given. . TOWN OF VAIL Ho1ty L McCulchaon Town Gledc Published in The Vail Trait on Novernixsr 10 end 17,1995 ^VAIL MUNECIPAL CODE; LOCATED AT 276 HANSON RANCH ROAD7Ld78 A, B, ANR C, BLOCK 2, VAIL VILiJ1GE 1ST FILING AND A POFTTFON OF TRACT E, YAIL VILLAGE 5TH FILING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Valf Municipal Cade aulharizes special development districts within iha Town in Crdor to encourage flexibility in the development of fend; and WHEREAS, the developer, GPH Partners, Ltd. has submitted an application for the major amendment of Special Devekrprr>,ent District {SDD} Na. 31, for a certain parcel of property within the Town, legally described as Lots A. B and C, Block 2, Vail Village 1st Filing and a.portion of Tract E, Yail Village Filth filing and oommony referred to as the Golden Peak House Special Development Dietrich and WHEREAS, the proposed major amendment to the SDD is In the best interests of the community as it meets the municipal objectives ident'rfied in [he Town of Vail Comprehensive Plan; and WHEREAS, in accordance with Ssction 18.68.140, the Planning and Environmental Commission, on September 11,1995, held a publ':c hearng on the major amendment to the SOD and has submitted its recommendalon td the Town Council; and ' WHEREAS, all notices as roquired by Section 18.fifi.060 have been sent to iha appropriate parties; and WHEREAS. the Town Council Considers that it is reasonable, appropriate, and beneficial 1o the Town and its citizens; inhabitants, and visitors to madily the approved SDD No. 31; end WHEREAS, the Town Council has held a pub!"ic headng as required by Chapter 18.66 of the Municipal Code of the Town aF Vail. NOW, THEREFORE, BE 17 ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO, THAT: SECTION 1. The Town Council finds that all iha prpeaduros set forth for Special Development Districts in Chapter 16.40 of the Municipal Coda of the Town of Vall have been fully satisfied, SECTION 2. Special Development District No. 31 was established to ensure comprehensive development and use of an area in a manner that will be haimonfous with the general chareCer of the Town, provide adequate open space, employes housing, 'streetscape Improvements and other amenities, and promote the objectives of the Town's Zoning ordinance. The development is regarded es complementary to the Town by Ehe Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the Imposition of standard zoning tli5lricts on the area. SECTION 3. Spacial Development District No. 31 was established for the development on a parcel of land campdsing 8,375 square feet in the Vell Village area of the Town; Spacial Development District No. 3' and said 8,375 square fact may cre referred to as 'SDD rVo.31', SE=CTION 4. T,tn Town COJ:1L'L gnus ;flat u,c C:iianu,r~c; .? to the approved development plan for SDD. No. 31 moats each of the standards sat forth in Seo[ian 18.40.080 of the Municipal Code of the Town of Vail or demonstrates that either one or more of them is not applicable, or thaS a practical solution consistent with the public Interest has bean achieved. In accordance with Section 18.4D.040, the amendment to the development plan for SDD No. 31 is approved. The amended development plan la comprised of those plans submitted by Snowdon and Hopkins Architects, and consists of thefollowing documents: 1. Shea[ No. A-1, dated October 25, 1953 (ate plan). 2. Sheet No. A-6, dated October 25, 1993 (basement plan). 3. Sheet No. A•7, dated October 25, 1993 (ground tbor plan}. 4. ShaeF No. A•8, dated October 25, 1993 (second flea! plan). 5. Shoat Na. A•9, dated January 12,1995 and revised Juty 18, 1995 and August 14, 1995 {third floor plan). 8. Sheet No. A-10, dated January 12, 1995 and revised July 18,1995, (fpurth floor plan). 7. Sheet No. A•it, dated October 25, 1993 (fifth fbor plan). B. Sheet No. A-12, dated October 25, 1993 (roof plan). 9. Sheet Na. A-i3, dated January t2, 1995 and revised Juty 16, 1995 and August 14, 1995 (buiklhg elevasions). 10. Sheet No. A-i4, dated October 25, 1993 (building sections). 11. Shae1 No. A-15, dated October 25, 1983 (suNdtade analysis). 12. Shoat No. A-16, dated October 25, 1993 (View Corddor No. 1 analysis). 13. Other general submittal documents that define dta development standards of the Spacial Development District. SECTION 5. In atldrtlon to the Approved Devebpment Plan described in Section 4 above, the following development standards have been submitted to the Planning and Environmental Commission for its conslderatian and recommendation and are hereby approved by the Town Council; these standards era incorporated in the Approved Development Plan 16 protect iha integrity of the devefapmen! of SDD No. 31; the fallowing era iha development standards for SOD No. 31: A. Lot Area -The tot area shall consist of approximately 8,375 square feet. B. 5atbacks~• The required setbacks shall be as indicated an the Approved Development Plans. C. Haight -The maximum height of the Golden Peak Hausa Bullding shall be as indicated on the Approved bevebpment Plans. D. Density Control -The maximum GRFA for iha Goidan peak House shaft not exceed 16,715 aqupn last. This figure Includes 2,781 square feet of excess Common area iha! has been included in the GRFA. Tha approved density for the Golden Peak Hausa Includes iounean (14) dwelling units. Tlirea a! iha dwelling units are approved to have lock-offs. E. 51te Coverage - ^re maximum site coverage far this Special Dave~opmant District shell not exceed 7,874 square feel or 84°6 of the lot area. and shall be as Indicated on the Approved De~.rebixnent Plans. F. Lendscaalna -All landaeaa€na shall be in amendment portion of the project, .shall occur prior to the Town's dssuanee of a Temporary Csrtlficate Df Occupancy for the protect, according to Ssction 18.52.164{B,5) of the Town of Vatd Mundclpal Code. SECTION 6. The developer, Jointly and severakly, agrees with the following requirements, which are a part of the Town's approval 01 this SDD No. 31: 1. That prior. to the Town's issuance of a Building Parma for the oanslruction a1 SDD No. 3t, GPH Partners, Ltd. shad cause lobe permanently restricted, two off-site, two-bedroom, employee housing units per the Town of Vail Housing Drtlinanos. Each unit shall be aminimum size of 700 square feet. The units Shall meet the Town of Vail Housing Ordinance requirements and such units shall be wi9tin the Tovm of Vail. 2. That prior to the Town's issuance of a Building permR for the redevelopment pro}act, the Golden Peak House Condominium Association will contribute $32,000.00 towards the redesign and redevelopment of Seibert Circle. Tfte $32,000 contribution !awards the redevelopment of Seibert Circle shall be credited towards the Golden Peak House, should a future Special ImprovamenF District be created for this project. 3. That prior to the Town's Issuance of a building permit For the redevelopment project, Vail Associates, Inc., will dedicate open space to Ehe Town. Tha minimum area of open space shall be et least an equivalent area, to that of the area of the Tract E'overteang and deck' easements. A ponion ai the Mill Creek stream tract will be dedicated to the Town of Vail as permanent open space and the Pirate Ship Perk area of Tract E wilE be leased [a the Tawn o! Vail for the purpose of maintaining the park. The tents of the tease ere to ba agreed upon by the parties. 4. That the Golden Peak House Condominium Associatlan and Vail Associates, Inc, shall reserve a public pedestrian access, across Lot C, wh'sch is located between the Golden Peak House and the Hill Building, by declaration to be recorded with She Eagle Caunry Recorder. Such declaatian shall be permanent and only revocable upon wrikten agreement with the Town of Vail. The declaration of public pedestrian access shall occur prior to the Town's issuance o! a Bullding Parniit for the project. 5. That prier to the Town's issuance of a Temporary Certificate of Occupancy for the redevelopment project, GPH Partners, Ltd. shall deed restrict two three-bedroom dwelling units {Units 201 and 401} to be included in a shart•term rental program, at comparable market rates, at all times when said dwelling unfle are not occupied by the awnsr or his guests. 6. That prior to the Town's issuance of a Temporary Ceriilicate of Occupancy for the redevatopmant project, GPH Partners, Lld. shall deed restrict the remelning two lock•oHs in the building (tr equivalent), to ba included in a short- term rental program, et comparable marks! rates, at all times when said ICCk~fts era nw. occupxrd by the pwner or his or her guests. 7. That prig r;; thn Ttr;n's issuance o1 a Temporary Certfilcata of Occupancy for the redevelopment project, GPH Partners. Ltd. shal4 deed restrict, the two accommodshon unite {os equivalent) in the building, to be InGUded in a short- ii;rlll:tl„ I V'~R; ~ ~~ •:.,;,a,:.blo '%ui'(h.~%"l rdtE~.i at ell times when said eccommodatbn units are not oxupied byr the .iwner or his ar her guests. B. !list iha Gallon Peak House Condominium Association, or their successors in intorest, shall participate ie, and shall not protestor remonstrate against, any improvement district(s) which may be es?abliatiad by the Tovm of Vail far the purposes of ronstruuting improvements as sat forth in the Town of Vail 5lreetscape Master Plan andlor the Veil Yransportatlon Master Plan, If end when an improvement district(s) is formed. 9. That the Golden Peak House Condominium Association and GPH Partners, Ltd. shell cooperate with, and shall not protest or remonstrate against, any efforts by the Town of Veil to astabiish additional view corridors or amendments to efdsting view.,..., ti...., es enhanced by the project. Such changes and additions shalt be pursuem EC the Municipal Coda of the Town of Vail. 10. TtiaE the pedastrlen arcade (which was originally proposed over the first floor retail windows an the north elevation), and that the odginat ground floor plan, which does no[ include the Curved retail windows along the eastern partlan of the building, ba reviewed by the Design Review Board and included in the Einel building design, iF required by the Design Review Beard. 11. That GPH Panners, Ltd, further aniCUrate the first tloor'retall windows'. by adding divided IEghts to the large single penes of glass. 12. That the Design Review Board review the proposed roof form over rho main entry on the north elevation, and determine H the root torn needs to be bwered. 13. That the proposed far and gravel roof for the buikHng is aooeptable. SECTION 7. Amendments to the approved development - plan which do not change its substance may be approved by the Planning and Environmental Commission at a regulany scheduled public hoaxing in accordance with the provisipns of 5scttan 18.68.060 and 18.40.100. Amendments which do change the substance of the devektpment plan shall bs required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine whet constitutes a change in the substance of the devebprrtent plan. SECTION e. The developer must tregin construction of the Special Development District within three (3) years from the lima of Hs final approval, end cominue diligently toward completion of the project. The developer must meat iha requirements of Section 18.40.120 of iha Municipal Code of the Town of Vail. SECTION 9. tf any part, section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the valklity at the remelning portions of this ordinance; and the Taws Caundl hereby declares it wpukl have passed this ordinance, end eadt part, section, subsection, santance. Clause or phrase thereof, regardless of the lac! that any one or more parts, sections, subsections, senlencas, clauses, or phrases be SECTION 10, Tha Town Council hereby finds, determines end declares that this ordinance is necessary and prapef for iha health, safety and weHare of the Town of Yall and Its Mhabhanta thereof. INTRODUCED, REA^ ON RE»AD]NG, APPROVED ANp OR PUBLISHER ONCE IN FULL this #7tf October, 1995. A public hearing shall be this Ordinance on the 7th day of Novemb at the regular meeting of the Town Coon Town o1 Vail, Colorado, In the Municipal Bi the Town. rowNt Margaret A. C Deputy To READ AND APPROVEb ON 5 READING AND ORDERED PUBLISHE[ IN FULL this 7th day of November, 1995. ' TowNl Margaret A. C Dsrwty Ta Published in The Vail Trail an November 10, 1995 Public NoticE ' ORDINANCE N0.18 Series of 1995 AN ORDINANCE AMENDING SECT 9.71,O10A. WHICH CONTAINS TH DEFINR70N FOR LARCENY Copies of this ordhance are avaHable 1 inspection in the office of the Tovm Cler normal business hours. READ AND APPROVED ON 51 READING AND ORDERED PUSLISF TITLE ONLY this 7th day or Novamlder, l d TOWN Margaret A C Defxrty To' Published in Tha Vail Trail on November 10, !995 Public Notice ORDINANCE H0.18 Sanest of 1995 AN ORDINANCE TO CHANGE THE Zf OF 67 PROPERTIES IN THE 701NN C FROM THEIR CURRENT ZONING T( NATURAL AREA pAPSERVATION Q!1 OUTDOOR RECREATIGN UISTRFLT, i GENERAL USE DISTRICT (SEE E1W1 B Ik C) AND ADD GOLF COURSES PERMITTED U$E FOR THE O1JTD RECRFJITION DISTRICT, SECTION it :~J ~-'.E,ro~riJr ;~iE :~GL'.T iC.R:•1114- an Open Lands Pian which included a pr review and where appropdate rezorte op parcels to address legal non Ctnformi Improve protection of sensitive natural n and to ensure the appropriate zoning o -reCrrdaibnal areas; WHEREAS, the proposed zoning would be in cancan with [he policies ear the Vail Land Usa Plarr and ComprahenY Lands Plan to protect the qualgt environment; protect open space; improv recreational actNHies; and to allow forths development to be maintained and ~ whenever possittle; WHEREAS, the Proposed down-zon Nature! Araa Preservation District will hr sensitive natural resources In the Tov which is an objeclNe of the Town es aft Vail Land Use Plan, Comprehensive O{ Pkan, and Enuironmemel Strategic Plan. WHEREAS, rho proposed zone d Yra OR District will allow the community i summer recreational opportunities tvltith the Vaf1 Land Usa Plan. WHEREAS, the proposed up-zor General Use District will altaw exlatln¢ b better metro Improvements to dtair strm albw the qualHy of the development tc maintained and upgraded through e Planning process. . WHEREAS, this rezoning will help r development does not occur wh inappropriate because of natural conatr hazards, wetlands, riparian areas, critic while also providing the opportunity for i development of properties where dove appropriate. NOW, THEREFORE, BE IT ORD. THE TOWN COUNCIL OF THE T VAIL, COLORADO, AS FOLLOWS: SECTION 1. The Town Council finds the prat amending the zoning for the properties I Exhibits A, B & C. as Sot forth I 18.66.1D0.18.68.180, of the Vefl Munl have been satisfied. SECTION 2. Tdta Town Council hereby m amendments as indicated In Etdtlbd A U of Vail Official Zoning Map. SECTION 3. The Town Council hereby adds gob the Ilst of permHted uae5 in fhe Outdoor District as stated in Section 18.33.020 c of Vail Muncipal Code. SECTION 4. If any part, section, subsection, clause or phrase o1 this ordinance is far held to bo invalid, such decision shall nc validity of iha remaining portions of this and the Town Council hereby declares it passed this ordinance, and each psi subsection, sentence, clause or phrai regardless of the fact that any one or r sections, subsections, asnlences, r phrases be declared invalid. ' SECTION 5. Tha Town CouneH hereby finds, c end declares that this ordinance la naa proper tar ttYe health, safety and wail Town of VeH axed [he inltebitanta Ihereol, SECTION 6. The repeat or ttta~rapeal and ream