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1996- 9 Amending Title 16, Chapter 16.08, 16.12, and 16.36; and Title 18, Chapter 18.54 of the Vail Municipal Code to Provide for the Expeditious Review of Requests for Design Review of Items of minimal Complexity
~ ~ ~. 1~ ` ~ ORDINANCE N0.9 Series of 1996 AN ORDINANCE AMENDING TITLE 16, CHAPTER 16.08, 16.12 AND 16.36; AND TITLE 18, CHAPTER 18,54 OF THE OF THE TOWN OF VAIL MUNICIPAL CODE TO PROVIDE FOR THE EXPEDITIOUS REVIEW OF REQUESTS FOR DESIGN REVIEW OF ITEMS OF MINIMAL COMPLEXITY. WHEREAS, the Town Council desires to improve both customer satisfaction and efficiency in the processing of development review applications; and WHEREAS, the Town Council finds that certain changes to the administrative processing chapters of the Sign Code are necessary to improve the efficiency of the Design Review Process; and WHEREAS, the Town Council finds that certain portions of the Design Review Guidelines regulating the processing of applications far items of minimal complexity can be revised to improve the overall processing efficiency; and WHEREAS, the Town Council recognizes that a Technical Advisory Committee was formed to guide staff in the formulation of code amendments to improve the processing of development review applications; and WHEREAS, the Town Council finds that public notification as required by Section 18.66.080 has occurred, and public hearings have been held by the PEC and the DRB; and WHEREAS, the Town Council finds that both the Design Review Board and the Planning and Environrnental Commission have reviewed the proposed code amendments contained in this ordinance and #hat both bodies unanimously recommend #hat the amendments be approved as contained herein; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Title 16, Chapter 18.08, "Administration," is hereby repealed and reenacted to read as follows: 1 Ordinance No. 8, Series of 199fi r ~ ' ~ ~ ~. r Chapter 16.08 A©MINISTRATlON Sections: '16.08.010 Appointmen#. 16.08.020 Responsibilities. 16.08.030 Enforcement. 16.08.(148 Appeal. 16.08.050 Amendments. 16.08.010 Appointment. The Town Manager shall appoint an administrator, who shall administer and enforce this chapter. This position may be combined with another position of the Town. (Ord. 9{1973) § 15(1).) 16.08.020 Responsibilities. The administrator shall be responsible for such duties as prescribed in this chapter, and shall be responsible far enforcement of the sign regulations. {Ord. 9{1973) § 15(2} {part}.} 16.08.030 Enforcement. The administrator may serve notice indicating the nature of any violation, or requiring the removal of any sign in violation of this title, on the owner or his authorized agent. The administrator may call upon the #own attorney to institute necessary legal proceedings to enforce the provisions of this title, and the #own attorney is authorized to institute appropriate actions to that end. The administrator may call upon the chief of police and his au#horized agents to assist in the enforcement of this title. (Ord. 9(1973} § 15{2} (part).) 16.08A40 Appeal. A. Appeal of an action or determination by the administrator pursuant to the provisions of this chapter may be filed, in writing, with the Design Review Board by any applicant within ten days following the action or determination becoming final. A decision of the administrator becomes #inal at the Design Review Board's next meeting, if the Board does not call-up the administrator's decision at that meeting. In the event of appeal, the Design Review Board, after reviewing a report from the administrator, may confirm, reverse, or modify the action of the administrator. Failure of the Design Review Board to act within sixty days of the filing of appeal 2 Ordinance No, 9, Series of 1996 ' ~. shall be deemed concurrence in the action of the administrator. {Ord. 14 {1982) § 1 b: Ord. 9{1973) § 3.) B. Appeal of an action by the Design Review Board on a sign program application pursuant to the provisions of #his chapter may be filed, in writing, with the Town Council by the applicant within ten {1d) days following the action. In the event of appeak, the Town Council, after receiving a report from the Design Review Board, may confirm, reverse, or modify the action of the Design Review Board. 1 fi.08.Os0 Amendments. The regulations prescribed in this chapter may be amended, or repealed by the Town Council. {Od. 9{1973) § 4.} SECTIC7N 2. Title 16, Chapter 16.12, "Administrative Procedure," is hereby repealed and reenacted to read as follows: Chapter 16.12 ADMINISTRATIVE PROCEDURE Sections: 16.12.fl1fl Applications and approvals required. 16.12.02fl Application procedures. 16.12.030 Fees, 1fi.12.010 Application and approvals required. It is unlawful far any person to display any sign within the Town without complying with the following requirements: A. Completion of the sign application; and B. Review and approval of the application for a sign by the administrator; or C. Review and approval of the application for a sign program by the Design Review Board. Sign programs shall be required for all new or demolrebuild multi-family residential projects and for new or demolrebuild commercial projects. Sign programs may be required, at the discretion of the DRB, for other signifcant new developments (e.g. subdivisions, ski base facilities) ar redevelopment projects; and D. Approval by the sign administrator fior signage not specifically required to be reviewed by the Design Review Board. (Ord.S(1993) §2: Ord.51{1978} ~ 1 (part}.) 3 Ord'€nence No, 9, Series of 1996 16.12.020 Application procedures. The procedures to be followed in fulfilling the intent of the sign ordinance are as follows: A. A sign application for an individual sign or a sign program must be obtained, properly completed, and returned to the administrator; B. The administrator shall accept.and review the properly completed sign application. The administrator will approve, conditionally approve, or reject the sign application based upon its conformance with this title as follows: 1) If the administrator determines that the sign application does not meet the design guidelines contained in Chapter 16.16 of this Title, and the technical requirements, contained in Chap#ers 16.20 and 16.22 of this Title, the administrator shall deny the application. Upon denial of an application by the administrator, based on lack of compliance with the technical requirements, the applicant may resubmit a modified application or file an application for a variance in accordance with Chapter 16.36 of this Title. Upon denial of the application by the administrator, based on the design guidelines, the applicant may resubmit a modified application or file an appeal with the Design Review Board in accordance with the procedures outlined in Chapter 16.08 of this Title. 2) If the administrator determines that the sign meets the genera[ requirements of this Title, the administrator shall approve the application. 3) The administrator shall notify tike Design Review Board of all administrative decisions at their next regularly scheduled meeting by publication of the decisions on the Design Review Board's next meeting agenda. The Design Review Board may require that any decision of the administrator be reviewed at its next regularly scheduled meeting. C. A sign program application shall be reviewed by the Design Review Board at its next regularly scheduled meeting in the presence of the applicant or his representative following a determine#ion by the administrator that the application has been properly completed. The Design Review Board will approve, conditionally approve or reject the sign program application based upon its conformance with this Title and its aesthetic value as follows: 1) if the Design Review Board determines that the sign program application does not meet the design guidelines contained in Chapter 16.16 of this Title, and the technical requirements, contained in Chapters 16.20 and 16.22 of this Title, the 4 Ordinance No. 9, Series of 1996 ~ ~ ~ ' Design Review Board shall deny the application. Upon denial of an application by the Design Review Board, based on Sack of compliance with the technical requirements, the applicant may resubmit a modifiied application or fife an application for a variance in accordance with Chapter 16.36 of this Title. Upon denial of an application by the Design Review Board, based on the design guidelines, the applicant may resubmit a modified application or file an appeal with the Town Council in accordance with the procedures outlined in Chapter 16.88 of this Title. 2} After having determined that the sign program meets the genera! requiremen#s of this Title, the Design Review Board shall approve the application. D. Upon approval of the sign application by the administrator, or approval of the sign program by the Design Review Board, the administrator will duly notify the applicant of the approval in writing. The written approval will include any conditions placed on the approval by the administrator or the Design Review Board. Upan denial of the sign application by the zoning administrator, or denial of the sign program by the Design Review Board, notification will be given in writing to the applicant specifying the reason for disapproval and making recommendations to bring the sign or sign program into conformance with the provisions of this Title. 16.12.03p Fees The Town Council shall set a reasonable fee for filing a sign application. The fee shall be sufficient to cover the cost of Town staff time and other expenses incidental to the review of the application. The fee will be adop#ed in a fee schedule. The fee shall be paid at the time of application and shah not be refundable. SECTION 3, Title 16, Chapter 16.36, "Variances," is hereby repealed and reenacted to read as follows: Chapter 16.36 VARIANCES Sections: 16.36.010 Purpose -Limitations. 16,36.020 Application. 16.36.030 Fee 16.36,040 Hearing. Ordinance No. 9, Series of 1996 ~~ ~ i i 18.36.DS0 Criteria for approval, 16.36.060 Appeal to Town Council. 1fi.36.010 Purpose - Limitations. A. In order to prevent or to lessen such prat#ical difficulties and unnecessary physical hardships inconsistent with the objectives of this Title, variance from the regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a structure, ar the location of the structure, from topographic ar physical conditions on the site or in the immediate vicinity, or from other physical limitations, street locations, or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict ar literal compliance with a regulation shall not be a reason for granting a variance. B. A variance may be granted with respect to any regulation contained in this Title. (Ord. 4(1975) § 2 (L}(1}: Ord. 9(1973} § 17 (1}.) 15.35.020 Application. Application for a variance shall be made upon a form provided by the administrator. The variance application shall include the application for a sign permit and shall also state the applicant`s reasons for requesting variance in accordance with the criteria set forth in Section 16.36.050. (Ord. 4{1975) § 2 (L}(2): Ord. 9(1973) § 17 {2).} 16.35.030 Fee. The Town~Cauncil shall set a reasonable variance fee for filing a sign variance application. The fee shall be sufficient to cover the cost of Town staff time and other expenses incidental to the review of the application. The fee will be adopted in a fee schedule. The fee shall be paid at the time of application and shall not be refundable (Ord. 4{1975) § 2(L)(3): Ord. 9 (1973} § 17(3).) 16.36.040 Hearing. Upon receipt of a complete variance application, the administrator shall set a date for, and conduct a hearing before the Planning and Environmental Commission in accordance with the requirements of Chapter 18.62 (Variances} of Title 18. Public notification of the hearing shall be required and shall follow the notification requirements as stated in Sec#ion 18.66.080 (Hearing -Notice) of Title 18. Where the provisions of Chapter 18.62 conflict with, or differ from, the specific provisions contained in Chapter 96.36, the provisions of Chapter 16.36 shall override and/or nullify the conflicting provisions of Chapter 18.62. (Ord. 4(1975) § Z (L)(4): Ord. 9(1973) § 17(4}, ) 6 Drdinance iJo. 9, Series of i 996 ?6.36.050 Criteria for approval. Before the Planning and Environmental Commission acts on a variance application from this Title, the applicant must prove physical hardship, and the Planning and Environmental Commission must find that: A. There are special circums#ances or conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent right-of-way, which would substantially restrict the effectiveness of the sign in question: provided, however, that such special circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention, and do not apply generally to ail businesses or enterprises; B. That such special circumstances were not created by the applicant; C. That the granting of the variance will be in general harmony with the purposes of this Title, and will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general; ~. The variance applied for does not depart from the provisions of this Title any more than is required to identify the applicant's business or use; E. Such other fiactors and criteria as the Planning and Environmental Commission deems applicable to the proposed variance. {Ord. 4(1975} § 2(1.){7): Ord. 9(1973) § 17(7).) 16.36.(}6D Appeal to Town Council: An appeal to the Town Councik of a Planning and Environmental Commission action on a variance may be made in accordance with the appeal process as outlined in Section 18.62.970 of the Zoning Code. SECTION ~4. Ttle 18, Chapter 18.54, "I]esign Review," the table of contents only, is hereby repealed and reenacted to read as follows: DESIGN REVIEW Sections: 18.54.010 Intent. 18.54.015 Deihnitions and rules of construction. 18.54.020 Board organization 18.54.030 Design approval. 18.54.040 Material to be submittedlprocedures. 7 Ordinance No. 9, Sarias of 1996 ~.. ?8.54.050 Design Guidelines. 18.54.051 Park Design Guidelines. 18.54.060 Design review fee. 18.54.070 Performance bond. 18.54.080 Administrative policies. 18.54.090 Appeal to Town Council. 18.54.100 Enforcement. 78.54.710 Lapse of design review approval. SECTION 5. Ttle 18, Chapter 18.54, "Design Review," Section 18.54.020," Board Organization," Paragraphs A, C and E are hereby repealed and reenacted to read as follows: A. C E. There is established a Design Review Board (DRB) of the Town of Vail. The DRB shall be composed of five members. Four members shall be residents of the Town of Vail, appointed by the Town Council, and the fifth member shall be a member of the Planning and Environmental Commission of the Town. A vacancy on the Design Review Board shall occur whenever a member of the Board is removed by the Town Council, dies, becomes incapacitated and unable to perform his duties for a period of sixty days, resigns, ceases to be a resident of the Tawn of Vail, or is convicted of a felony. In the event that a vacancy occurs, the Tawn Council shall appoint~a successor to fill the vacancy and serve the remainder of the term of the farmer member. The Board shall select its own chairman and vice-chairman from among its members. The Chairman, or in his absence, the Vice-Chairman, shall be the presiding officer of its meetings. In the absence of bath the Chairman and the Vice~Chairman from a meeting, the members present shall appoint a member to serve as acting chairman at the meeting. All business of the Board shall be held at the Municipal Building of the Tawn of Vail, unless otherwise specified, with adequate notice given to all interested parties. Three members shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time and date, and in the absence of members, any staff member shall adjourn any mee#ing to a later time and date. The Design Review Board shall meet the first and third Wednesday of each month. Additional meetings may be called by the Design Review Board or the town staff if such meetings are deemed necessary. Should the staff or the Design Review Board require any additional meetings, a notification of the date and items to be reviewed at the 8 Ordinance No. 9, Series of 1996 • additional meetings shaft be given by publication once, in a newspaper of general circulation in Eagle County, no later than the Friday of the week prior to the meeting, (Ord. 46(1991} § 1: Ord. 18(1985) §§ 1, 2: Ord. 39{1983} § '!.} SECTION 6. Title 18, Chapter 18.54, Section 18.54.040, "Material to be submittedlprocedures," Paragraph C, "Preliminary 1 Final Design Review," Items 2 and 3 are hereby repealed and reenacted to read as follows: 2. StaffIDRB Procedure. The Department of Community Development shall check all material submitted for design review for compliance with the applicable provisions of the Zoning Code, Subdivision Regulations, and with Section 1$.54.040C (the submittal requirements of this section as outlined above). If the application is found to be in compliance with the applicable provisions of the Zoning Cade, Subdivision Regulations, and Section 18.54.040(C}, the project shall either be placed upon the agenda of the next appropriately scheduled Design Review Board meeting in accordance with the required application submittal deadlines on file in the Community Development Department, or be reviewed by the administrator in accordance with item three of this section {staff approvals). If the application is found not to be in compliance with the applicable provisions of the Zoning Code and Section 18.54.040 {C), the application and materials shall be returned to the applicant with an explanation of the administrator's findings. The administrator may require any additional items from the applicant as may be necessary for complete and proper design review. a. The administrator or the Design Review Board shall review the application and supporting ma#erial, and if the design of the project is found to comply with the objectives and design guidelines of this chapter, the administrator or the Design Review Board shall approve the design of the project, documenting such approval in writing and noting any conditions of approval. If additional items are needed, as specified herein to determine whether the project will comply with the purpose statement and design guidelines of this chapter, the Design Review Board may give preliminary approval or table the project until the next regularly scheduled meeting. If the project is tabled or if preliminary approval is given, the Board shall specify the conditions and additional andlor modified Ordinance No. 9, Senes of 1996 .1 materials which must be submitted by the applicant to the Design Review Board or to the administrator, including any changes in the design of the project. The applicant may also table the applica#ion to a future meeting for any reason. b. If the project is,found to conflict with the design guidelines, the administrator or the Design Review Board shall disapprove the design of the project. Any disapproval shall be in writing and shall specifically describe the design guidelines with which the design of the project does not comply and the manner of noncompliance. c. Fallowing the final review of an application by the Design Review Board at a public meeting, the Design Review Board shall have thirty days to consider and approve or deny an application. The time for action may be extended at the request of the applicant. d. If changes in the design of the project are requested, the Design Review Board shall approve, disapprove or request further changes within thirty days of the meeting at which the Design Review Board receives the changes unless an extension is agreed to by the applicant. e. The applicant or his authorized representative shall be present at the Design Review Board meeting. 3. Staff approval. The administrator may approve any of the fofkowing applications: a. Any application to modify an existing building that does not significantly change the existing planes of the building and is generally consistent with the architectural design, including, but not limited to exterior building finish materials {e.g, stonework, siding, roof materials, paint or stain), exterior lighting, canopies or awnings, fences, antennas, satellite dishes, windows, skylights, minor commercial facade improvements, and other similar modifications; b. Any application for an addition to an existing building that is consistent with the architectural design, materials and colors of the building, and approval has been received by an authorized member of a condominium association, if applicable; D~dinanca No. 9, Series of 199fi ~r , ,i ~ M • c. Any application to remove or modify the existing vegeta#ion or landscaping upon a site ;and d. Any application for site improvements or modifications including, but not limited to, driveway modifications, site grading, site walls, installs#ion of accessory structures or recreational facilities. In the above-specified cases, the administrator may review and approve the application, approve the application with certain modifications, deny the application, or refer the application to the Design Review Board for decision. All other applications shall be referred to the Design Review Board. (Ord. 9(1993) § 6: Ord. 12(1988) § 1: Ord. 39(1983) § 1.) SECTIDN 7. Title 18, Chapter 18,54, Section 18.54.080, "Administrative policies," is hereby repealed and reenacted to read as follows: 18.54.0$0 Administrative policies. A. The decision of the administrator shall be conveyed to the applicant or his agent in writing. Reasons for denial or conditions of approval shall be listed. The administrator shall publish a summary of all decisions made on the next meeting agenda of the Design Review Board, The administrator's decision becomes final at the Design Review Board's next meeting, if the decision is not called-up by the Board at that meeting. B. A decision made by the administrator may be appealed to the Design Review Board by the applicant, or an adjacent property owner, in writing, within 14 days of the administrator's decision becoming final. The Design Review Board may call-up a decision made by the administrator at their next regularly scheduled meeting. C. The Design Review Board shall consider the appeal in the same manner as the board considers all other applications coming befiore it. {Ord. 39(1983) § 1.) SECTION 8. Title 18, Chapter 18.54, Section 18.54.490, "Appeal to Town Council," is hereby repealed and reenacted to read as follows: 18.54.090 Appeal to Town Council. A. A Design Review Board decision may be appealed to the Town Council, by the applicant, by an adjacent property owner, or by the Town Manager. The Town Council can also call-up a decision of the administrator, or the Design Review Board, lay a majority vote of those Council persons present and voting. B. For all appeals, the appeal must be filed in writing ten days following the decision ar must be called-up by the Town Council at their next regularly scheduled meeting. Ordinance No, 9, Series of 1996 wi ~~ C. The Town Council shall hear the appeal within thirty days of its being filed or called up wi#h a possible thirty-day extension if the Town Council finds that there is insufficient information. {Ord. 39(19$3) § 1.) SECTION 9. If 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. SECTION 1Q. 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 its inhabitants thereof. SECTION 11. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any prevision hereby shalt 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 ON FIRST READING this 19th day of March, 1996, and a public hearing on this Ordinance on the 2nd day of April, 1996, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. s6 ~1~cY.~rr Robert W. Armour, Mayor Attest: ~~~~~ Holly L. McCutcheon, Town Cleric Rrdinance No. 9, Series of 1995 ~ ~ ~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 2nd day of April, 1996. /l //J ~ S r ` ~ ~~f~~ Robert W. Armour, Mayor Attest: ~- ~~ Holly L. McCutcheon, Town Clerk ~- 3 Ordinance No. 9, Series of 1996 `~ .' Z Q a V J o ~ ~ ~ c o~ ~, ~ ~ ~` ~ ~ ~ o ~ v ~ o ~ ~ °~ ~ N o Q ~ ~ c } ~ ~ a X m ~ ~ ~ ~ o ~ ~ ° ~ ~ ~ ~ ~ 3 ~:~ o Q " ~ ~-- ~ 3 ~ ~ U W ~ c ~ ~ ~ ~ p ~ ~ ~ U o CU ° o ~ ~ ~ '~ o U ~ ~ O _ ~ ~ ~ ~ ~ O ~ O C p 0~ ~ ~ O C ~ ~ } C ~ ° i' ~ ~ U ~ ca ~ ~ ~ ~ cn ~ ° ~ *-- ~ ~ ~ O c Q O ~' ~. "~ ~ ~ ~ O ~ ~- ~ O . ~ ~ ~ ~ "~ ~ ~-- C ~ ~ U O ~ Q c 7 ~ ~ O ~ C3 -'l' ~ ~ Q ° :~ o ~ o ~ o o ~ ~ a 3 ~." ~ 0 Q~ ~ ° O Q ~ O U ~ O O C~ O O~ v- Q ~ -~ ~ U ~ } O O ~~ O ~ cn ~ 3 ~ o c ~ ~ o } ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ „Q ~ ~ C ~ ~ ~ O N ~ C3 ~ ° ~ O 3 >. ma v ~~ ~; ~.~- 3 ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ° p ~ x m c ~ L 4- c ~ ~ ~ ~ .~ °' ~ ~ ~ ~ ~ ~ ~ 3 a i ~ o o ~ ~ ~ ~ ~ ~' - ~ ~ c ~ r ~ ~ °t. Oa ° D ~ ~ o o ~ 0 Q ~ 3 ° ~ '~ ~ ~ ~ ~ ~ _~ ° ~ ~ ~ $ ~ ~ ~ > ~' ~ o U; a ~ ~ ~ a ~ ~' a ~ ~ 3 ~ ~ ~ ~ o o ~ o~ ° v x~ °~ ` 3 ~ ``~ ~ m ~' ° o 0 3 .... O .. ~ ~a ~ ° c o c ~ o ~ 3 ~ o ~ ° s ~ ~ ~ ~ ~~ ~ J O o 3 U~ ~ ~ o "3 ~ 0 ° ° ~ o ° ~ "~ ~ O O ~ ~ ~ J ~ o ~ o ~ ° ~ ~ "~ ~ °' c ~ o ~ ~ ~ ~ ~ °' °' ~ v o ~ U ~ O , ~, ~ Q es c ~ } Q a~ ~ ~ ~ ° ~ ~ ~ n\ ~ a~ }'-'~~ ~ }} L L .. .J F - ,~ _ ~ _ Q O ~ ~ °' ~ o ~ U _ ~ ~ s Q ~ ° cn o ~ ~ C 7 ° ~ ~ ~ C ~ o '~ ~ Q, ~ ° LJ f~.r rye~~~~~ r ~ ~ ~' =0 31~, Q.'e U = ~~ O Yoe{ •,~'a h..r, n s''~p~~ '~/ CJ t. 5139.000; Black Bear Rawl miles to skI area, county road access, !8-2327. electrlclty, 2 wells. Call Bob Forsberg, 1- - .aoa7oa-Baal, ext. 19 or 3D3a2a-3435, ;REEK - superior condition, 303-728-5141, ring. Racquet club Bldg, l i, urnrshed, $129,900, Caldwell nbarllne. 476-2113. WATERFRONT -Private Gore tong, best corner one BR/1 squat Club, Bldg, 6, Unlt 1; ax- amenlties, unfurnished, Caldwell Baker Tlmberllne, 'F GORE RANGE and Vail ~1! From these Slmba Run Mums, On Town of Vail bus prlva#a Slmba shuttle, Enjoy ball, tannls, pool, workout :rnas, Jacuzzis, and under- aarking, #2309 (two level ), for 5183,000, #1514 (one pEan) at 5184,000, and #2306 rl floorplan). at $]76,5001 All 2 bedrooms, 2 Bathrooms, d. 5 minutes from Vall Coldwall Banker Timberline, )UCTIONI Fantastic views of ~ntaln from this Sun Vall inium. 3 bedroom, 2 full s, r1n]oy swimming poa€ and )n Town of Vakl bus route, 5 elk to Llonshead and skiing. litlon! Can't beat the price at 9,500 furnished. Coldwall tbarllne, 476-2113, C TOWNHOME! 3 BR/2.5 ns/1-car garagehots of On the 11th fairway of the Golf Course. Across from derful views. Nicely furnished :ellent condition. Easy to sea, 't last long at 5269,000. 3anker Tlmberllne, 476-2113, GOVT )RECLOSED homes #or ~nnies on $1. inquent Tax, Repo's, 3E0's. Ya~+r Area. Free 1.840-898-9778 ;. H-5053 tar current listings. ICING, ONLY 3~ DOWN. Just an to buy this singie family Tome in Gypsum, 125 Park as 3 bedrooms and 1,75 ns, heated & powered fenced yard, wood burning t hex#, close to park. Great rma, $149,900, unfurnished. 3anker Timberrine 476-2113. E'S BEST VALUEI 4 bedroom/3 Ily room + den, garage, gas tub room, 3 decks; backs up ~d; sunny views of Arrowhead v York mountains, Only Coldwall Banker Tlmberllne, SS ELEGANCE" -Easy walk to ~whead single family home; 3 + den, 3 fuE€ baths, one 314 two 112 baths plus family an room with caretaker on spectacular putting ceptional value at 5799,000 had. Coldwall Banker 476-2113. WILDRIDGE DUPLEX LOT. For sale by owner broker. Beaver Creek viewsl $78,000, Coll Karen, Vall Llonshead Real Estate, 476-160D, ext. 21. NICE -PIECE OF land-Wolf Ranch for sale--approx. 140 acres of prlstlne recreation land - 20 miles from Vail and Beaver Creak. Cory cabin, waterfall beaver ponds, wildl'Ife, private lake. Great flshing, water rights and more, River runs through property which is sur- rounded by Na#Ipnaf Forest. Perfect for resort or dude ranch. Priced at $1,400,000; with Owner Carry, For Information, call Fritz Schmidt at Distln- guished Properties, 926.3777; home, 926-3351. VAIL GOLF COURSE lot. 0967 Vall Valley Drive, Tract C, Vall Village. 7th fi[rng, .45 acre, zoned primarylsecondary w/ possible additional employee unit. This golf course site borders the south side of Gore Creek. Exlsfing sfructure will be removed of Seller's expense In con- JUr1CtiOn W/BUyer'S neW GOnstrUGtiOn. $1,600,000. Contact Vail Valley Gon- solldoted Water Disfrlct. Attention: Les- lie Allen, 97x476-7480. ALPINE DRIVE LOT IN Highland Meadows. Duplex or single family Ideal. Architectural plans complete. $260,000, Ccslf 214-701-9636. MOTIVATED, GREAT S]NGLETREE LOT, bring otters, Rob Trotter, Broker. 970- 926-5599. BEAVER CREEK -North Holden Road, Lo# 20, Seller will finance! Gorgeous home site with spectacular panoramic views from the ski slopes to the golf course and valley. Large Aspens. An exceptional value at only 5375,000. Cali Gary 800-889-2121 or 949-6D47. ROM. ATTENTION; BUILDERS, INVESTORS. Ready to build lot, approved plans, TOV, Buffer Creek 5ubdlvlsion. 5235,000. Saddler R.E .June 476-3811. BEAUTIFUL 15 ACRES loco#ed along Colorado River. Charming 2 bedroom cabin looking over the fiver. Good for horses and adjacent to BEM land. -County maintained roads and year round access. 5279,000; Black Bear Real Estate, 328-2327, BEt_E.YACHE RIDGE 2 PRIME VIEW LOTS NOW AVA1 LABLEI BONNIE LYN CARROLL, aRat<ER 926-3999 or1-800-346-3999 ANNOUNCING THE COTTON RANCH Golf and Recreation Community. Spa- cious singie-family and duplex homesltes starting at 549,000-$92,000, The golf club and sports faclllty feature too many amenities to Ilst. Sp®clal dis- counts available In November. Please call for details and arcange to see this beautiful property. Black Bear Real Estate, 328-2327. LAST PRIVATE LOT In East Vall. Over 1/2 acre, Fabulous views to west...wllE never be interrupted) Wonderful p€nes and aspens to nestle your primary/ secondary among. Taps paid. can be assumed, 534D,000. Coldweil Banker Tlmberllne, 476-2113. I~ ; ~'Rl~ O ~` ~; $169,000. 476-2113, ^ Mobile Homes AFFORDABLE HOUSINGI 7982 14x77 3 BR/ 2 Bath, all appliances including W/ D, sunny all day with large deck great locatton in Avan. 303-695-8285. ^ Ranches BORDERS WHITE RIVER NATIONAL FOREST and BLM, 2375+-acres, 2 homes, streams, trees and views, Will divide, 303-741-1900 exc€usiva agent. BEAUTIFUL COLO MOUMAIN RANCH controls river and trout stream, Classic house, adventure sports, near Aspen/ Valli The Market, Jim Daley, Broker 343- 443-3392. MONTANA RANCHI 5,554 +/- acres, 27 miles from Red Lodge Skl Resolt, Scenic views of Absaroka-Beartooth Wilderness. 3 miles from Yellowstone River. Nancy Oakes, Broker. 1627 West Main, Suite 264, Bozeman, Montana 59715, 40b-586-7b29. REAL ESTATE EXCHANGES TENNIS ANYONE? OR GOLF? Beach? Theater`? Sarasota. FL has It alll WIII ex- change 2 BR/2 Bath high rise condo home overlooking Sargsata Bay 8c golf €or your comparable V ail Village Con- do for 2 weeks during Feb/March, 1947 ski season. 941-952-9505. SWAP YOUR LUXURY VACATION HOME in VaIflBaaver Creek area for our new luxury beach home en exclusive 54V Florida barrier Island, {Boca Grande). 3BR/3 Bath, great porches, fabulous gulf views. Lets trade 2 or 3 weeks of use, can arrcnge flexible times. Discuss 8c exchange photos. Ca11303-595-1353, evenings 303573-0111. Andy O'Reilly at 303-415-9135 d. v~ CLEAN€NG PRO LOOKING TO EXPAND business In Vail area. Construction cleans, private residences. businesses, housekeeping, spring cleans. Call for a free estimate, 1-500-482908. Children's Educational Consultant and Master of Martial Arts offering exceptional program for children. Limited enrollment. Call 476-2810 HEALTH & NUTRITION NUTRffIONAL SUPPLEMENTS used by the U,S,Olympic Skl Team. Ecology safe cleaning products, natural 5kln care. Shaklee, of course. 949-1771. Athletes Train and condition 200 days a year as part of your job! $2000-$4000 per month is easily possible within 12 months, You must be health and performance Oriented. Enjoy the miracle of Super Blue Green Algae. Call Rex Keep. Days: 476-0327 .Evenings: 845-0117 MY l /BR HOME (SLEEPS 4) In Florence, Italy, summer 96 or fall 97 for I weak In Vail area, March 97. 7035203156, LOST & FOUND OFFICE/ COMMERCIAL SPACE VAIL OFFICE SPACE for lease, 1512 sq.ff, Excellent loaaflon, adjacent to Vall Golf Course, underground parking, elevator, easy access, views. Available now. Below market rant, Call 97x476- 8324. PRIME RETAIL SPACE AVAILABLE, Vall Gateway Plaza, Ph, 303-449-0951, RIVERWALK EXECUTIVE OFFICE SUfrES has Ilmlted offices available with reception and secretarial services, conference room & private storage space located In the Rlverwalk Bank Building In Edwards. Call Harvey Tashlro for further Information. 926-6700. WESTAR BANK, AVON; Up to 402 sq. ft. ova€labla a# 522.00 triple net. Call Dave Cole, Re/Mox Voll Inc. 970-476- 6460. VAIL PROFESSIONAL BUILDING - 211 sq, ft. office space available. Ample parking, Ideal Iacatron - 2nd floor, southern exposure. Call 476-6415 for information. GREAT VIEWS AND A GREAT LOCATIONI Approx. 336 sq. ff. In the Slifer, Smith and Frampton Center 8ull- ding in Avon, Available for Immedlata occupancy. Call Gall, 476-2251. REWARD: LOST LADIES LANG XR-9 purpre ski boots, size 5 112, Leff In BC race tent 3116, 475241, Please heipl Public Notice ORDINANCE ND.4~ Series of 1996 AN ORDINANCE AMENDING CHAPTER 18.18, SECTION 16.18.090 DENSITY CONTROL, MEDIUM-DENSITY MULTIPLE-FAMILY (NOME) DISTRICT OF THE VAIL MUNICIPAL CODE. Copies of this ordinance are available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCER. READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY this 181h day Of Merch,1996. TOWN OF VAIL Robert W. Armour Mayor ATTEST: Holly L. MoCulche0n Town Cleric Published in The Vail Trail vn March 22, 1995 Public Notice ORDINANCE N0.6 Series of 1996 FIRST AMENDMENT TD THE TOWN OP VAIL EMPLOYEES' PENSION PLAN I-70 EXPOSURE Market place in Eagle~Va's! QFFice and ~:etail Space Available ~~o ~ x,200 5~ t-'303-320-6929 BLIe[I & Company EXPRESS YOURSELFI The Vall Trail wel- comes letters to the editor on any topic of local concern, Letters are sub- ject to editing for length and no unslg- nad letters will be considered for publication, although names may be withheld from publlcatlon upon request. Copies of this ordinance are available for public inspection in the office of the Town Clark during normal business hours. INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY this 19th day of March, 1996. TOWN OF VAIL Robert w. Armour Mayor ATTEST: Nolty L. McCutcheon Town Clerk Published in The Vail Trail on March 22, 1995 1 1 ~, ~~ ~~ublic Notice"~ ORDINANCE N0.9 Ser9es of 1996 AN ORDINANCE AMENDING TITLE 16, CHAPTER 16.06,16.12 AND ifi.96; AND TITLE i8, CHAPTER 18.54 OF THE OF THE TOWN OF VAIL MUNICIPAL CODE TO PROVIDE FOR THE EXPEDITIOUS REVIEW DF REQUESTS FOR DE61GN REVIEW OF R£MS regulating the processing o of minimal complexity can ilia overall processing efficla WHEREAS,1ha Town a Technical Advisory Cam gulda stall in the tormulali0r to improve the processing c applications; and WHEREAS, the Town C notification as required by ; occurred, and public beefing: PEG and the ORB, and WHEREAS, the Town t the Deslgn Review Board ~ Emironmenial Commissioi proposed cotle amendmei ordinance and that both recommend that the amends oantained herein; and WHEREAS, the Town public hearing as required b! Municlpel Code of the Town ~ NOW, THEREFOR!=, r THE TOWN COUNCIL t VAIL, COLORADO, THAT: SECTION 1. Title 16, Chapter 46.01 hereby repealed and reanacll Chapter 16.08 ADMINISTRATION Ssctlons: 16.48.010 Appolntmen 16.48.020 Reaponslbll 16,06.030 Entoresmenl 16.08.840 Appeal. 16.08.050 Amendment: 16,08.010 Appelntmar The Town Manager admin{strator, who shall adm chapter. This position ma another position of Ilia T §15(1).) 16.08.020 Responslbll The administrator shall t duties as prescribed in this responsible for enforcement (Ord. 9(1973) § 15(2) (part).) 16.08.030 Enforcement The administrator may: She nature of any violation, ci of any sign in violation of Ihi his authorized agent. The e upon the town attorney to ins proceedings to enforce the l and the town attorney is e appropriate actions to that e may call upon Ilia chiel of po agents to assist in the enfr (Ord. 9(1973} § 15(2} (pan).! 18.08.94D AppeaE. A. Appeal of an action o adm{nistrator pursuant to 1 chapter may be filed, In wri Review Bcard by any apps following the action or determ A decision of She administrat publication of the decision c Board's next meeling ages appea4, the Deslgn Review B report from the adminlst reverse, or modify the acti07 Failure of the Deslgn Revie sixty days of Ilia filing of apt concurrence in the action (Ord. i4 (1982) § tb. Ord 3{ B. Appeal of en action I Board an a sign program app provlsivns of This chapter m with 1hs Town Council by ih (10) days following the ac appeal, the Town Ccuncll, a from the Design Review I reverse, Or modify the action Board. 16.08.850 Amendment: Ths regulations prescrlh be amended, or repealed by 9(1973) § 4.} SECTION 2. Title 16, Chapter 16 Procedure," is hereby raper read as foElows: Chapter 16.12 ADMINISTRATIVE PRt Ssctlons: 16.12.010 AppNcetlc required. 16.12.020 Applleallon 16.12431} Fagg. 16.12.010 Applicalli required. Il is unlawful for any per: within the Town without corny requirements: A. Complellon of the sign B. Raviewandapproval sign by the administrator, or C. Review and approval sign program by the Desigr programs shall be requl demolrebuild mupidamily rest new or demalrebuild comn programs may ba required, RACY Office paper: Separate it Intl ledger, colorec greenbar, and content comps, Gtass: Beverage or fc containers onll caps and cork: rinse the bottle ~~ EXCLUSIVE POTATO PATCH! 778 A Potato Patch -Great location! 3 bedroom home with unobstructed views of Vail Mountain. - $679,OOU- Must see! ,o Mevw~u,w vu„n,av ,.. v ,. 16.08 of this Title. 2) If the administrator determines that the sign meats the generaE requirements of this title, the administrator shall approve the application. 3} The administrator shall notify the Design Review Board of all administrative decisions at their next regularly scheduled meeting by publication of the dedslons on She Design Review 9oartl's next meeting agenda. The Design Review Board may require that any decision of the administrator be reviewed at its nail regularly scheduled meeting; C. A sign program application shall be reviewed by the Design Review Board at its next regularly scheduled meeting in the Rresence of She app!{cant or his representative following a determination by the administrator that the application has been properly completed. Tha Design Review Board will approve, conditional{y approve or reject the sign program application based upon its conformance with this title and i15 esthetic value as follows: Avon ,., ~., r.~,;,,.. AT AVON N222 , two bath with two aces. Avon's most Ainutes from Avon etown library, exer- IIng,Caleand shops. iorsey Framptot't/Vall 170) 845-2000 3tonebridge #3 Fully famished, this three bedroom, three bath townhouse with a garage is ideally situated on the Eagle River near the entrance io Beaver Greek. Close to all amenities. $319,000 Andy Hadley Gateway Land and Development Company - {970) 926-6777 Eagle COMMERCIAL OP~ORTUNlTY One to five acre sites now available at new airport business park adjacent to Eagle's Regional Airport. Zoned bosh commercial and industrial. Call for fur- ther infannatian and pricing. Lucia Duecy Gateway Land and Development Gompany - (970} 926-6777 Grand Valley LAND FOR SALE 2,000 acres, 6 miles' on the Colorado River. Devalvpmenl opportunity of a liie- iime for under $75fy par acre. 25 min- utes toGrand Junction. Spectacular 360 degree views of Powderhom, Colorado River, Bookcfifts, Gtand Masa and Battlement f~esa. Watkins Realty {970) 265.7752 ar (970) 285-7414 Lionshead denial of an application by the Design Review Board, based on lack of compliance with the technical requirements, the applicant may resubmit a modified application or file an application for a variance in accordance with Chapter 16.36 of this `Tills. Upon denial of an appElcation by the Design Review Board, based on the design guidelines, the applicant may resubmit a modified apppcetion or file an appeal with the Tawn Council in accordance with the procedures outlined in Chapter 16.06 of this Tills. 2) After having determined that the sign program meals the general requirements of this tills, the Design Review Board shall approve the application. D, Upon approval of the sign application by the .adminislratar, or approval of [he sign program by tna Design Review 13osrd, the administrator will duly notify the applicant of the approval in writing. The wdften approval vi~ll include any conditions placed on the approval by the administrator or the Design Real Estate Photo Classifieds! Call 949-4004 for more information) ASPEN LANE Fabulous fourbedroom, tour bath hams near nordic ski track and busstop. 8eau- tifullyfurnished with excellent views and lots of sun. $599,OOD Doris Bailey Slifer, Smith & FramptonlVall Associates - (97'0) 479-2020 Homestead DUPLEX BUILDING SITE 317 Melle Lane Duplex lot close to elementary school with views to Castle Peak..428 acres with approval to build a 5,724 sq. rt. resi- dence. All water tap fees paid - $67,000 Lucia Duecy Gateway Land and Development Company - (970} 926-6777 Singietree into conformance with the provisions of this title. 16.12.494 Fees The Town Council shall set a reasonable lea for filing a sign application. The fee shall be sufficient to cover the cost of Town staff time and other expenses incidental to the review of the application. The fee will be adopted in a fee schedule- The tee shall be paid at the hme of application and shall not be refundable. SECTION 3. Title 16, Chapter 16.36, "Variances," i5 hereby repealed and reenacted to read as follows: Chapter 16.36 VARIANCES Bastions: 16.36.410 Purpose - LimitaElans. 15.36.42{} Appllaatlon. 16.36.494 r-ee 16.36.444 Hearing. 16.36.050 Criteria for approval. 16.96.464 AppeaF tp'rown Counclf. Berry Creek VACANT LAND Berry Creek Great Opportunity) Huge tot with expansive views to Arrow- head and Newyork mountain. Almost an acre in filing 4. $165,pOp. Doris Bailey Slifer, Smith & FramptonNail Associates - {970) 479-2020 East Vai! Spectacular views from this sunny East Vail tluptext Just completed and ready to move In. This 3 hetlroom, 2.5 bath home is nestled Into national forest tantl. With hardwood Hoots, granite countertops and cathedral ceilings; you must see the iln- ish quality and views from inside this beaiullul home - $325,004. Anne Hilt Ranch Creek Land Company (970)476-7051 Lake Creek Country Estate Living in Lake Greek) 5 bedroom15.5 bath single (amity home, grAa1 views, master suite has adjoining officelsitling area,quality finishes, out- door hot tub, hosted 3 car garage, ex• tansies landscaping, gas fireplaces, gas heat, and much, much more. $1,900,000. Laddie Clark Alpine Resort Real Estate (970) 845-2020 Vail Village Landmark T-18 condo is located on This Lfonshead condominium has front t of Lionsheadi Com- row views of Vail Mountain. Sleeps B tterior with beautiful comfortably. Great rental program, great us viewsi Fabuous value. nt rental history. RAWHIDE Located within steps of Golden Peak, This gracious four bedroom single lam- this 1 bedroom with office is the creme- ily reside. ice offers top quality construe- de-la-creme! French stone work, Italian lion and finishes. Overlooks Singtetres's tiles, cal-glass doors. Game take a look $375,000 5ixthhoEawithmagafticentbackdtopsof at this top quality residence.$B50,000. ski runs and mountain peaks. hardship may result tram the size, ~: dimensions of a structure, or the locatl structure, from topographic ar physical c on the site or in [ha immediate vicinity other physical limitations, street locations conditions in ;he immediate vicinity. inconvenience io the applicam of strict compliance with a regulation shall not be far granting a variance. B. A variance may be granted with i any regulation contained In this title. (Ord. 4(1975) § 2 {L}(1): Ord. 9(1t n }a 16.36.020 Application. Application for a variance shall be me~ lorm provided by the adminislratar. The application shall include the application permit and shah also state the applicant: for requesting variance In accordance criteria sat forth In Secllon 16.36.0! 4(1975) § 2 (L}(2): Ord. 9(1973) § 17 (2}.; Alquezar -Cordillera 165 Alquezar Road Single family home built in 1993 with I windows and beauttful views. 3 4edn 3.5 baths, gas fireplace In IWingroort heat, premium fnishes, complete apW package, tile, hardwood floors, belbe pat, large, open Ragstone patlo, shot to club Tacitlttes and premier dl 3578,400. Laddie Clark Afplne Resort Real Estate (970) 845-9599 This space couk tae yours for as little as a weekl* Call 949-4004 for more information 'Based on two•week minim LeadviAe BEAUTIFUL HOME Four.bedroom, Iwo bath remoc home with view. Two car garage, carpal antl hardwootl Iloors just a 6 the extras. Call for private showinc Pert Solder Alpine Realty {719) 486-1866 or 1-800.600-; Wildridge 2680 Beartrap Don't miss these views! Thls bar three bedroom Wildridge resid boasts a magnificent great room and hot tub solarium. $399,946 the time of application and shall not be refundable From the Delicate to {Ord. 4(1975) § 2(L)(3): Ord. 9 (1973) § 17(3).) ArCi]iteCtural 16.36.040 Hearing. . Masterpieces Upon receipt of a complete variance approanon, the administrator shall set a date for, ' and conduct a hearing before the Planning and Environmental Comm4ssion in accordance with tho requirements of Chapter 18.82 of Title i8. Where ' the provisions of Chapter 18.62 conflict with, or differ from, the specific provisions contained in ~,"a ? ": Chapter 18.38, the provisions cf Chapter 16.36 shall avercide and/or nullify the oonllicting provisions of Chapter 38.62. (Ord. 4(1975) § 2 (L)(4): Ord. 9(1973) § 17(4).) ' ~ t 16.96.050 CrNerla for approval. ` Before the Planning and Environmental Commission acts on a variance application from SattS ~aCtlOn this Tills, the applicant must prove physical . hardship, and the Planning and Environmental Guaranteed Commissicn must find that: Free A. There are special circumstances or ];'StlmateS conditions applying to the land, buildings. topography, vegetasion, sign structures ar other Ctd~l matters on ad]acent lots or within the ad)acent 9G3-39x2 right-oFway, which would substantially restrict the efiec[Iveness of the sigh in question: provided, however, That such Special circumstances or candkicns are unique to the particular business or s ~ enterprise to which the applicant desires to draw _; z' ~ attention, and do not apply generally to a3f r ~ businessesorenterprises; 3' ' ~ B. That such special circumstances were not '-= _- ' created by the applicant; C. That the granting of the variance will be in general harmony whit the purposes of this title, and will not be materially detriments[ to the persons Planning and Environmental Comm4ssiort deems applicable to the proposed variance. (Ord. 4{1975) § 2(L}(7): Ord. 9(1973) § 17(7).) ifi.3fi.060 Appeal to Town CoErncO: An appeal to the Town Council of a Planning. and Environmental Commission action on a variance may be made in accordance with the appeal process as outlined in Section 18.62.070 of the Zoning Code. SECTION 4. Thle 18, Chapfar 18.54, "Design Review," the labia of contents only, is hereby repealed and reenacted 1o read as fellows: DESIGN itEViEW Sectlona: 18.54.Ot0lntent. 18.54.015, Detlnlilons antl rules of conatructlon. 18.54,020 Board organization 18.54.030 Resign approval. 18.54.040 iNaterlai io be su bm Ittedlproce dunes. 16.54.050 Dealgn Guidelines. , 18,54.051 Park desfgn guidelines. 18.54.060 Design rev[ew fee. 18.54.1170 Performance bond. 18.54.080 Adminlstrattve pollelea. 18.54.080 Appeal to town council. 18.54.100 Enforcement. 18.54.110 Eapse a} dealgn review approval. SECTION 5. Tills 1$. Chapter 18.54, "Design Review,° Section. 18.54.020," Board Organization," Paragraph E is hereby repealed and reenacted to read as follows: reviewed a4 the additional mealings shalt be given Review Board shat! appro~ by publication once, in a newspaper of general project, documenting such a circulation in Eagle County, an tho Friday of Iha Holing any oondilions o! open weak pdor to the meeting. (Ord. 46(1991) § 1: Ord. 18]1965) §§ 1, 2: Ord. 39(1963} § 1.) SECFION 6. Title 1$, Chapter 18.54, Section 18.54.040, "Material to be submitledlprocedures," Paragraph C, "Preliminary 1 Final Design Review," IFems 2 and 3 are hereby repealed and reenacted to read as follows: 2. StafVDRB Procedure. The Department of Communhy Development shall check alE material submitted for design review for compliance with the appticabie provisions of the Zoning Cade, Subdivision Regulations, and with Section 18.54.D40C {the submittal requirements of this section as outlined above). If the application is found to be in compliance with the applicable provisions of the Zoning Code, Subdivis#on Regulations, and Section 18.54.D40(C), the project shall either tre placed upon the agenda of the next appropriately scheduled Design Review Board meeting in accordanco with the required application submittal deadlines on fife in the Community Development Department, or be reviewed by the adminlstrator in accordance with item three of this Section (staff approvals). li the application is found not to be in compliance with the applicable provisions of the Zoning Code and Section 18.54.040 (C), the application and materials shall be returned to the applicant with an explanation of the admini5lrator's findings. The adminls[rator may require any add'AicnaE items from the applicant as ,. ,a r. '"~ ~ a•o~~~ ,l ~ 1 ~ ~ ~ ~ol~ i1 ~ ~. - l... ~~, This space could • Property Sales ~ Mattagemenr, Inc. be yours for only '~,, ~ - ~ F~~~~r 10~00* '.le Home Sales and Management T11c. ~ (Formerly Woodly Property Sates ^ Listing's ^ Rentals • Associarion Man: 970-926-5252 {Phone) Call 949-4004 • Managing the fin 970-926-5211 {FCIX} ~Or details residences in the U "Price based on a 1'~-month contract • FD:I service home housekeeping, and ~ ~i i t- ~ ! ~ at , nattce fot distinctir ® ~~~~§~~1~~•~` ~ s `~ - w ..~ ~ i ~ ~ s ~ I~~~i li~~ residences _ t~ a a§_ a®_ it:~i_ A _ • Exclusive short t< • ~~ rentals duoughout ~~ Roof Snow AAA Creek and Arrowh • The Season's Loc Mini Storage Arrowhead-short n -Has lust Opened in Avon. Est, 198 •Service•RentaCs Remo a -Ail sizesavailabie Igor rule ~~r~ra~.s! Call 970-92G -Close to everything rn Good Darts. ~~~ ~~~~ r Blockbuster in Vae1. 845-5000 476-9407 ...... , :,, .~ ,• ~_._ anion Desian Wallpaper inting & Faux Finishes :ors Experience Call Fred }3) 567-4909 GIFTED & CARING PSYCHICS CALL & TALK LIVE!! 24 HRS 1-900-255-0440 Ext. b79b T.T phone required $3.99/mini 8 + yrs Serv-U (519) 645-8434 FAXETAR t Secretarial C Services 845-01118 era needed as specified whether the prefect will tom; statement and design guidelii Design Review Board may gii or table Iha project until scheduled meeting, fl the 1 preliminary approval is given, the conditions and edditic materials which must be subr to the Design Review Board i including any changes in the The applicant may also tabl future meeting for any reason b. I} the project is toun desfgn guidelines, She admir Review Board shall dlsappr~ project. Any disapproval shall Specihcalry desclib9 the daslg~ Iha design of the project dos manner of noncanplience. c. Following the final ref by the Design Review Bvarc the Design Review Board sh consider and approve ar den time for action may be extan the applicant. d. if changes in the des requested, the Design Reviex disapprove orrequastfunher days of the meeting at whicf Board receives the changes t agreed to by the applicant. ceases to reside in the town, membership on the commission shall immedia4aly terminals. AU ,...,.,...,«,~., .,,. ..i ,r,~faGlvL-~lalC ..E rr,9 oWinaararoC'°_,, ._ .,....,,._,uy~s~,,, ,..,,,,:vucas commissio^ ,,••r~ srp_pxpirP•: •, ••• hpir~praz,-Shoir wsigniiion,-w-raaroval. Tha terms of the members of the planning and environmental commission shall be for two years on an overlapping basis and shall expire on AQZy-7St March 31 si of the year of termination. SECTION 2, Chapter 2.2fi of the Vail Municipal Code is amended as follows: 2.26.020 Arts board ~ Appointment. The town council hereby appoints the Town of Vail Arts Board composed of wggt elev9n members shah act in accordance with the charter, this chapter, the direction of the town ccuncll, the ordinances of the Town of Vail, and shell be appointed and serve as provided in this chapIr3r, 2.26.030 Mombers -Appointments -Terms. The arts board shall consist of alghteleven members appointed by the town council whicn shall include six eight members at large, one town council mambor, sad ono planning and environmental commission member and one design revlaw board member. In addition, the arts board may consist of Honorary advisory members who shall not have the power to vote on issues which come before the bcard. The number and tens of such advisory members shall be atlhe discretion of iha town council, All members of the arts board shall ba individuals who have demonstrated expertise in architecture, art criticism, art education, art history, foreign arts, graphic arts, intedor design,landscapaarchitecture, town planning, or other art and design related fields, or who have demonstrated a strong interest in the visual ads and civic improvement. All members shall either be residents of iha Town of Vail, or own properly within 1h8 Town of Vail. Tho terms of Iho eignt members et large of the arts board shall be for three years on an ovarlapping baste and shall expire oh March 3ist of iha year of tarminatlon. SECTION 3. Chapter 18.54 of the Vail Municipal Cade is amended as tcllpws: i 5.54.020 Board organization. A. (No change). B. The terms of office for the tour members at large shall be two years on an overlapping basis and shall expire on F-0bruary March 4 31st of the year of termination. The term of office for the planning and environmental commission member shall ba three months. C. (Nc change). D. (No change). E. (No change). ' SECTION 4. It any part, section, subsection, sentence, clause or phrase of~this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless_ of the tact that any one or more pads, sedtions, subsections, sentences;' oTause"s or phrases be declared invalkt. SECTION 5. The Town Council hereby finds, determines and declares that This ordinance is necessary and proper far the healtH, safety and weStare of the Town Ot Vail and the Inhabitants thereof. SECTION 6. The amendment of any provlslon of the Vail Municipal Codes as provided in 1Hts ordinance shall not aNect any right wnich has accrued, any duty imposed, any violation tnat occurred ptfor to iha effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under os by virtue of the prdvlslan amended. The amendmont of any provlslon hereby shal€ not revlva any provision or any ordinance previously repealed or superseded unless§ expressly stated herein. SECTION 7. All bylaws, orders, resoluticns and ordinances, or parts thereof, inconsistent hel'switn era repealed to the extent only of such inconsistency. This repeaEer shall not ba construed to revise any bylaw, order, resolution or ordinance, ar part thereof, lheretolwe repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of March, 1996, and a public Hearing on this Ordinance on iha 2nd day of April, 1996, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. TOWN OF VAIfi~ Robert W. Armour Mayor ATTEST: Holly L. McCutcheon Town Clerk Published In Tha Vail Trail on March 22, 1995 Public Notice PLANNING AND_ -ENVIRONMENTAL COMMISSION March 25,1996 AGENDA Public Hearing • 2:00 p.m. 1: A request for a residential addition, utilizing [he 250 Ordinance, to allow for an expansion to an existing duplex residence located at 1415 WeslhavenlLot 52, Glen Lyon. Applicant: Neil Sirotkin represented by David Irwin. Planner: George Rulher. 2. A request for a residential addition, utilizing She 250 Ordinance, to allow for an expansion to an existing residence focatad at 802 Potato Patch DrivelLot 4, Block 1, Potato Patch. Applicant: Padraic Daighan represented by Steve Riden. Planner: Randy Stquder. 3. A request for a Conditional Use Permit to allow for the expansion of the Hubcap Brewery (a brew pub} and for an outdoor dining area located at 143 East Meadow DrivefTract P, flock 5D, Vail Village 1st Filing. App€icant: Lance Luoey. Plannar: Dominic Maurieilo. 4. A request for a Major Exterior Alteration. in the CCII zone district to allow tar a lobby expansion 6. A request for a Minor SDD amendment to allow for stree[scape improvements to the Cascade Village Subdivision entrance focatad at 13DD Westhaven Dnvellntersection of Westhaven Drive and Soutn Frontage Road. Rppiicant: L-O Westhaven, Inc, represented by Skip Behrhorst. Planner: Randy Stouder. TABLED UNTIL APRIL 8, 1996. 7. Information Update. 8. Approval of March 11, 199fi PEC minutos. The applications and information about these proposals are available in iha zoning administrators office during regular office hours for public inspection. Sign language interpretation is available upon request with 24haur notification. Please call 479.21 t4 voice or 479-2356 TDD for information. TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT Published in The VaiE Trail on March 22, 1996 Public Notice NOTfC1= IS HEREBY GIVEN chat the Planning and Environmental Commission of [he Town of Vail will hotd a public hearing in accordance with Section 16.66.060 of the Municipal Coda of the Town of Vai! on April 8, 1998 at 2:00 p.m. in the Town of Vail Municipal Building. In consideration of: A request for a parking variance to allow for the consKuction of a Haw singls family residence with a garage in 1h8 front setback located at 1799 Sierra TraiVLot 17, Vail Village West Filing tti. Applicant: Julia Watkins. Plannar: Randy Stouder. A request to modify PEC conditions of approval to allow for driveway grades up tc 12 and changes to iha approved employee housing phasing requirements for [he Innsbruck Meadows Subdivision. ApplicanF: Bab Borne. Planner: George Ruthar. A request tar a worksession to discuss a major exterior alteration, conditional use peitnii and a stream setback variance [n the CCII Zone District to allow for replacement of the gondola located at Tract D, Vai6Lionshead 1st Filing; Tract B Vail-Lionshead 2nd Filing; Tract A, Vail Village 6th Fifing. Applicant: Vail Associates, Inc., represented by Joe Macy. Planner: Jim Curnutte. A request for an interior residential addition, utilizing the 250 Ordinance, to allow for an addition to the living area, located at 295 Forest Road;ILot 20, Block 7, Vail Village 1st Filing. Applicant Pat Welsh. Plannar: Lauren Waterton. The applications and information about these proposals are available in the zoning administrator's office during. regular pHics hours for public inspection. Sign language interpretation is available upon request with 24-hour notification. Please call 479-2114 voice or 479.2356 TDD for information. _ TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT Published in The Vail Trail on March 22, 1996 Public Notice INVFiAT16N TO BID Bid No. HEF286 . The Town of Vail will be receiving sealed bids at Ina Town of Vafl, 75 South Frontage Road, Vall, Colorado 81657 until 1:00 p.m.. March 29, 1996. Tho bids will be opened and read aloud at 2:00 p.m., March 29, 1996 In the Fleet Managers office ai 1349 Vail Valley Drive, Vail, Colorado for the purchase of ALL WHEEL ORIVE ARTICULATED FRAME WHEEL LOADER. Complete Bid Packages era available from the Town of Vai€, Colorado at the Fleet Maintenance Office, 1309 Vail Valley Drive, Vail, Colorado or by calling the Fleet Maintenance office at (970) 479- 2162. TOWN OF VAIL DEPARTMENT OF PUBLIC WORKS Published in Tha Vall Trail on March 15 and 22, 1996 Public Notice TOWN OF MINTURN REGULAR MUNICIPAL ELECTION _ ' NOTICE IS HEREBY GIVEN that the Regular Municipal Election for Ilia Town of Minturn, Colorado, will ba held on Tuesday, Aprik 2, 1996. The polling place is located in iha Minturn Town Hall, 243 Boulder Street, Minturn, Colorado and snail be opened at 7:00 a. m. on the day of the election and wilt ti0 Closed a[ 7:00 p.m. the same day. The purpose of Said Regular Municipal Election is to elect a Mayor for a term of two years, and three Town Council Members to a term of tcur years and Fo vote on two ballot questions. In order to ba eligible to vote in said election a person must be a registered voter, 18 years of ago or older, a United States cihzen, a resident of the State of Colorado and have resided within iha Town limits of the Town of Minturn at least twenty-live days immediately preceding the election: THE CANDIDATES FOR MAYOR ARE: MICHAEL GALLAGHER .THE CANDIDATES FOR COUNC.iL MEMBER ARE: FRED 5. HASLEE JOE KLEIMAN BRIAN CANEPA THOMAS 5. SULLIVAN LARRY STONE MATT DHILLON, JR. GORDON'HAWKEYE" FLAHERTY There will also be two questions on Iho ballot as follows: QUESTION NO. 1 SHALL THE ELECTED OFFICIALS OF THE TOWN OF MINTURN BE AUTHORIZED TO SERVE MORE THAN TWO CONSECUTIVE TERMS OP OFFICE, NOTWITHSTANDING ARTICLE XVlII, SECTIDN 11 OF THE OR CONSUMPTION OF ANY CONSTRUCTION AND BUILDING MATERIALS; ANp SHALL SUCH USE TAX COMMENCE MAY 1, 1996 AND CONTINUE INDEFINITELY tN CONFORMANCE WITH ORDINANCE NO. 5 -SERIES OF 1996; TO BE SPENT, AS A VOTER APPROVED REVENUE CHANGE ANR AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY, WITHOUT LIMITING OR AFFECTING THE COLLECTION OR SPENDING OF OTHER REVENUES, FOR THE FOLLOWING PURPOSES: TWENTY PERCENT (20°/) FO GENERAL ADMINISTRATION AND ENGINEERING, ANp EIGHTY PERCENT (BO%} TO ROADS, BRIDGES, SIDEWALKS, CURBS AND GUTT;~RS, PATHS, TRAILS AND OTHER TRANSPORTATION COMPONENTS? FORTHE MEASURE AGAINSTTHEMEASURE _' Further information may be obtained e1 the office of the Town Clerk at 3D2 Pine Street, Minturn, Colorado, during normal business hours, Monday through Friday. 8:00 a.m. to 5:00 p.m. or by calling (970) 827-5645. TOWN OF MENTURN Ashley M. Royal Town Clerk Published in The Vail Troll vn March 22, 1996 Public Notice NOTICE IS HEREBY GIVEN thdl there has been filed with the Bcard pf Directors 01 iha UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT of Eagle Gounly, Colorado, on or about March 15, 1996, a petition praying far Iho inclusion of certain land in such District. 1. The names and addresses of the petitioners and the description of ;ho property mentioned in such petition are as tollaws: EXHIBIT A ` OWNER Mountain Star Limited Liability Co. Drawer 2770 Avon, Colorado 81626 LEGAL DESCRIPTION: THE NORTHWEST OUARTER OF THE SOUTHWEST QUARTER OF SECTIDN 1 AND LOT 1, THE SOUTHEAST OUARTER OF THE NORTHEAST QUARTER, NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 82 WEST 4F THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO. 2. The prayer pt the petition is that the above property be included within the UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT. Accordingly, notice is hereby given to a#1 interested parsons to appear at iha meeting of the Board of Directors of Fhe District at iha district o#ficds, 846 Forest Road, Vail, Colorado on Wednesday, iha 27th day of March, 1996, a1 ilia hour of 1:00 p.m. and snow cause in writing, if any ttrey have. why such petition should not be granted. UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT By: Kant Rose President Pubished In The Vail Trail an Maroh 22,1996 Public Notice NOTICE IS HEREBY GIVEN that there has been Filed with the Board of Directors of She VAIL VALLEY CONSOLIDATED WATER DISTRICT o1 Eagle County, Colorado, on or about March 19, 1996, a petition praying for the inclusion of certain land in such District. 1. Tha name and address of the petitioner and the tlsscription of the property mentioned in such petition are as Tollows: EXHFBfT A Gilbert Giordano 1107 Vail Valley Drive Vail, Coloredo 61657 LEGAL DESCRIPTION: VALLEY AIRPARK PHASE I - A parcel of land located in Tract 57, Sections 3 and 1D, Township 5 South, Range 85 Was1 of the 6th Principal Meridian lying southerly of a 7D' right-oi- way for County~Road 102, in the County of Eagle and State of Colorado. More particularly described as folEOws: Beginning at Angle Point 5 of Tract 56, Township 5 South, -Range 85 Wesl of [he 6th Principal Meddian being a brass cap found in place; thence S W degrees 12'05" E. 1272.32 seat along the easterly line of said Tract 57; thence 5 89 degrees 56'20" W. $23.60 foeh thence North 1545.81 feet to the southerly right-of-way line of said County Road 102; thenc8 N 80 degrees 40'31' E. 824,71 feet along Said southerly right•of-way line to the wesleriy fine of said Tract 56; thence S 00 degrees 46'41" E. 406.281aet along said westerly Tract line to the point of beginning. Said pamel of land contains 30.37 acres, more orless. - 2. The prayer~oF iha petition is that iha above property ba included within the VAIL VALLEY CONSOLIDATED WATER DISTRICT. Accordingly, notice is hereby given 1o all interested persons to appear at the meeting of the Board of Directors of the District at the District otlices, 848 Forest Road, Vail, Colorado on Thursday, the 28th day of March, 1996, at the hour of 2:00 p.m. and show cause in writing, if any they have, why such petition should not be granted. UPPER EAGLE VALLEY CONSOLIDATED SANITATION bISTREGT By: Kent Rose President Published in The Vail Trail qn March 22, 1896 Public Notice NOTICE OF 1996 V WATER F By: Richard D. N Published in The Vail Trail vn March 22, 1996 Public Noti~ NOTICE OF 1898 WATER CONSERVATION PI NOTICE IS HEREBY GIVEN thi bean filed with the Board of pirectors VALLEY CONSOLIDATED WATER E Eagle County, Colorado, on or abou 1996, a draft 1996 Water Conservatio proposed Plan is an amended version Water Conservalicn Pian and is availal comment for a period of not less thar or to May 20, 1996. Tile plan will ba cc adoption by the Board on May 23, 199E CON: WATEF By: Frederick 5 Published fn The Vail Trail on March 22, 1996 Public Notit NOTICE OF BRANCH APPLICATION ALPINE BANK & TRUST, Glenwc Garfield County, Colorado has app Federal Deposit Insurance Corpi authorization to establish a branch at Creek Place, Avan, Eagle County, Cvlo Any person wishing tc comment, request a hearing in connecllon with Ihl; may file his or her observations in writ Regional Director of the Federate Depos Corporation at its Reglonal Oflice, Suite Pacific Avenue, Gallas, Texas 75; processing of the application has been Processing will be completed no earl t5tFt day following oithor the date of 1 publication or the date of receipt of the by the FDIC, whichever is later. The comment may be extended by lhi Director fpr goad cause, The nonconlidr of the application Lila is avallabla for wilhln one day following the request tot may be inspected In the Corporation Office during regular business flours. F of information in the noncontiden4ial pr application file will ha made available uF A schedule of charges for such cap obtained from the Reglonal Office. Published In The Veil Trail on March 22, 1996 Public Notic NOTICE pF FlNALPAYMENT NOTICE tS HEREBY GIVEN the tCre9k Metropolitan District o! Eag Colorado, will make hnak payment el 11 at Avon, 137 Benchmark Road, Avor 81620 an March 25, 1996 at the hour t to Kidclantl Construction of Rye, Colc work done by said Contractor In consV performed in 8achaior GuICh within 5 Metropolitan District. Any person, co-partnership, ass persons, company or corporation that nr labor, matedals, loam litre, sustenance provender, or other supplies used or cc loch contreMOr or their subcontractors, the performance of the work conlractac or that supplies, rental machinery equipment to the extent used in iha prt the work and whose claim therefore hi paid by the contractor or their subcor any time up to and Including iha li settlement for the work contracted to required to file a ve:INed statement of due and unpaid, and an account of su the Smith Creek Metropolitan Dlstrid 959, Avan, Colorado 81620 on or bait and lima hereinabova shown. Failure of any claimant to file such verified statam prior to such final settlement will raises Creek Melropolhan District, its boar agents and empEoyees, of an from ant for such claim. BY ORDER OF THE BO DIRECTORS. SMI METROPOLITAN Published in The Vail Trail on March 8, 15 and 22, 199E EQUAL HOUSINI OPPORTUNITY All real estate advertising in newspaper is subject to the I eral FairHDUSing Actof 1958 w ma3ces it illegal tD advertiSD preference, limitation or disc nation based on race, color, gion, sex or national origin, o intention tD make such prefers limitation 6r discdmination." This newspaper will not knowi accept any advertising for tea late which is in violation of the Our readers are hereby infdn that alt dwelling advertised in newspaper are available on Q c Q v Q~ t N o ~- c `~ 3~ ~ ~. w ~ U ~ ~ } ° o ° o a~ o ~ ~ O~ c N N 0~ 0~~ U~ O`.'~ m ~ ~ ` ~ p ~ C 3 ~ ~ ~ ~ O O ~ C ¢. d r N ~ ~ ~ O ~" O O~ ~ ~ r~ ~ ~ ~ U } ~ (} O O `y ~ C ~ ~ ~ ~ C ~ ~ ? U ~ t~ C ~ ~ O ' ~ ~ .L ~ O O ~ ~ Z ~~~~~~~~~~~-~~Q~,1~ _ ~ C ~ o ~ ~~~o° ~~~'~~~~~ H ~ Q O +' O O v' O~~~ Q. ~ O~ O Q ~ N p C~} ~ C~} 0 0 0 -L~ ~- V ~ Q o~ ~:~ ~' o~ 3~ 0 0 m a 3 U ~ ~ ~ ~ ~ ~ ~ ~ ~ _~ -~ ~ ~ ~ c ~- ~ ~ ~ aD ~ o ~ v ~ ~ ~ a 3 a o Q m~~~~ 3~ o ~ O ~ ~ ~ C O ~ L ~ ~ 0 ~ Q C~ ~ ~ ~ a~ ~o~~~Q._v~ v O o o~~~ o~~~ c~ ~ Q a O o~~~ o~ o o~~~~ s o a ~ ~ o ° 4- o O ~ ~ ~ o ~ 3 ~~ ~ ~ O ~ ~ 3 ~ o ~ 0 3 ~ ~ ~ ~J ~ ~ Q ~ p ~ ~ j c ~ ~ ~ o ~ 3 0 0 ~ [,~, ~ ~ U }O .~i ~ ~ ~ C ~ O ~ Q ~ q~ ~ O ..... ~ Q ~ C ~ C -~0- ~ C 47 Q U z ~ ~ ~~ o ~ ~ -~ ~ C ~ ~ ~ o ~ a. ~cn U - ~ Q ~ ~, ~ c ~ ~ ~ o ~ ~ 3 3 O a c U ~' ~ ~ C O ~~ ~~ 0 c 0 a~ o ~ ~ ~ ~ ~~S on C ~ 3 ~ ~ ~ 0 ~ U m ~_ U ~ ~ O ~ ~ ~ v 0 4 ado ~~b~~ ~~y.~• .. ^ v~'~ f. ~ l~il NCE REPEALING AND 4PTER 15.42; ADOPTING BY, HE 7894 EDITION QFTHE BING CODE AND THE 1996 ~E NATIONAL ELECTRIC tING FORTH CERTAIN THE NATIONAL ELECTRIC 'PING FORTH DETAILS iN ARD THERETO. is 1994 edition of the Unitorm I the 1996 edillan of the National SECTION t. Chapter 15.02 of the Municipal Code of the Town of Vaii is hereby repealed and reenacted to read as follows: t~.Mar i~•f7? 15.02A14 Pre&mh1a.. The Charter of the Town of Vail and the statutes of the state of Colorado provide that standard codas may ba adopted by reference wthin amendments; and the Town of Vail wishes to adopt the 1991 edlilans of the Uniform Building Code, and parts of the 1994 edition of the Uniform Building Cada, the Uniform Mechanical Code, the Uniform ¢s ~ ~ S OLu 'i~lON: IS A G A C I EIS D A R NI T ~17-7L` t0 th1S ~ D J L I 7 p A L A M ~ i + E E R I E O K , w l~, I I I L T S P I I E A R B I T E~ rossword Puzzle E N L 1 5 T E A z E D D G R fumble T OLL I GEAR S E C U R E* C R A N KII E R IT B A D E* C H A N T* D N A HUMAN GUMMY IR A R E F R G S T~B E A KI l= FACENG A Mi3l T E SOA KSlP LATEI t . P O S T IP D N E H A U L E D R OT E MAN E The best thin to do S g M D O T H~ N O T E B D O K E E i s corny comedian: lA E S A P T I O V L E ~ E R T E L S I A S E L E S EI 1 GAG HIM IM A 5 C D E T EIR L O a Nl d 199fi . T ribune Medin Se rvices A. The 1991 editionYOf the Uniform Building Coda and all appendix chapters ihsreto, excepting Appendix Chapter 12 is hereby adopted by reference. Chapter i 1 and Appendix Chapters 11 and 29 of the 1994 Unitorm Building Code are also hereby adapted by reference. The Unffarm Building Code, 1991 edition and 1994 edition are published by the international Conference vF Building Officials, 5360 South Workmen Mill-Road, Whittier, California 90601. 15.02.020 D. The Unitorm Plumbing Cade, 1994 edition, Chapters 2.12; Chapter 14; Appendages A-J and Enstallat[on Standards 1-13, 16, 16, 20, 21, is hereby adopted by reference. The Uniform Plumbing Code, 1994 edition, is published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, CA, 91789-2H25. ~-. 15.02-020 G. The National Electric Coda, 1.990 1996 aditian, and all appendix chapters thereto, is hereby adopted by reference. The National Electric Code, 1990 1996 edition, ]s published by the National Fire Protection Association, Balterymarch Park, Quincy, Massachusetts 02269. 15.02.050 Amendments to iha National Electric Code. - Thefollowing amendments ors hereby made to National Electric Code, 3990 1996 edition: A. All electrical wiring In Groups A, B, E, 1, and H occupancies as defined in the Uniform Building. Code, shall be encased in conduits, raceways, or an approved armor. All wiring in Group R shalt be encased in meta[ conduits, raceways, or in an approved metal armored cable to the circuit breaker box for each unit. No aluminum wire orcopper clad aluminum wire smaller Than Size 8 will bs permitted within tl19 Town. ....o.o . a. a..,. with the State Electrical Beard. Proof of order, resolution, or ordinance, registration shall be produced by the registrant to theretofore repealed. the Town of Vail building Official. INTRODUCED, READ, AP C- All such installations of remote control, low ORDERED PUBLISHED ONCI energy power and signal systems are subject to the FIRST READING this 2nd day of permit and inspoction set forth in i2-23-116 C.R.5. a public hearing shall be held on 1 AccordEngly, all installations v1 remote control, low the 16th day of April, 1996, at onergy power and signal systems must be Council Chambers of the Vail Mi performed in accordance w31h the minimum Vail, Colorado. standards sat forth in ihs National Eloctric Code. SECTION 2. F li any earl, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the Hol validity of the remaining portions of this ordinance; and iha Town Council hereby declares it would have Published in The Vall passed this ordinance, and each part, section, on April 5, 1996 subsection, sentence, clause or phrase thereof, - _ regardless of [he fact that any one or more parts, sections, subsections, sentences, clauses or '~ phrases be declared invalid. ~ ', . SECTION 3. - The Town Council hereby finds, determines, public N o~ and declares that this ordlnanco is necessary and ORDINANCE NO proper for the health, safety, and welfare of iha . Town of Vail and the inhabitants thereof. ~ Sedea of 1998 SEGTION 4. The repeal or the repeal and raenac[menF of AN ORDINANCE AMENDIN{ any pmvision of the Municipal Code CHAPTER 16.06,16.12 AND 16. of the Town of Vail as provided in this 16, CHAPTER 16.54 OF THE C ' ordinance shall not alfecF any tight which has OF VAIL MUNICIPAL CODE accrued, any duty imposed, any violation Shat FDR THE EXPEDITIOUS P occurred prior tc the effective date hereof, any REQUESTS FOR DESIGN REV prdsecution commenced, nor any other action or OF MINIMAL COMPLI proceedings as commenced under or by virtue of the Town Co WHEREAS the provision repealed or repealed and roenacted. , rove both customer safistacti~ Im The repeal of any provision hereby shall not revive p ~ ~ 1 Ikl'g ~~a 4ri +,N ~ ~t '~1r1 ~~ ~~~~, ~ •„ va tier} ~~:~~, ~' i m ~ , a ~` V t,.,~ 'Vail Property. Sales ~ Management, Inc. Fide holnrs roles arr~ mm~garcru Home Sales and Management ln.c Sales ^ Listings ^ Rentals 970-92G-5252 (Phone) 970-926-5211 {Fax) ;.. to 1 3 r t. y 6 i 1& L .. ,. l~ e , : ~ ~~, ~ llE',~'~ I ~~~~~I~~~ ~• ~fj tl~l ~If~ l~~j I EJ[a ;~ ~ ~I i~ ~I:I~ ~ ~'# w a,r ~ a ~~ ., a ~ ~~ :~ I ~ i I ~'~, i I , .. ~ . I ~~ (Roof Snow iervtce •Rentcl[s ~ema~al MOT TUB RENTALS! l Good Darts. 3lockbuster in Yail. 4~~ 4$44 E 76-9407 - .. .. .. rior Design Vaiipaper l~ll1~ $t FAUX Finishes ors Experience .email Fred ~~ ~s~-49as - Casey CaretakQrs Company ,r Cleaning,. organizing, decorating, ~ household managemetlt. ( 970-328-1423 800335-2243 Bonded & Insured references ~ Established 1975 Casey Conner George Gammon GIFTED & CARING PSYCHICS CALL & 'T'ALK LIVE!! 24 HRS 1-400-255-0400 Ext. 6796 T.T phone required $3.99/min I8+yrs Sere-U (6l9) 645-8434 ~~ LL, #~ ~r FOT4 FINISH - 2 convenient locations - Daily service on E-6 slide film - Professional photography - 15 years in Valley - Potrait, studio & action. 476-2331 or 949-4800 ~ ,~:- -{ . (FormerEy Woodly Property Ma • Association Manage • Managing the finest residences in the Vai! • Full service homeca housekeeping, and m Hance for distincrive rC51~CRCCS • Exclusive short tern rentaEs throughout B+ Creek and Arrowheat • The Season's Lodge Arrowhead-short tcrr Est. ~~8s Call 970-92G-2 ,L~l~ ~ ~ n~ ~ ~~3~i k~Y~' ~ ]fEPERS i. RITE GLOVE AUrO DEiA ~'?~ ~~55 FAXETARI Secretarial Services ~ 845-0118 x ~~_ ~. ,.n { ~.. ,, goodies gift basket -Great selection of baskets -Specialize in Colorado Products -Gall for brochure.. Cali 845-D 1 ~ 7 r t.~1~a:a'~:Ya [n-House Jewelry P Custom Dcsigi Diamond and Galore, Antique and Flatwar+ FullService Metalsmitl• Since 1970 • The Lace 970-827-422; Studio Located ut Mir ., . , Town Council finds that Design Review Guidelines trig of applications for Rams ran be revised to improve rfficiency; and own Council recognizes Shat Committee was formed to elation of code amondmems sing of development review own Council tends that public i by Section 18.66.080 has wrings have bean held by the I 'own Council iirtds chat both hard and the Planning and fission have reviewed the rdmenfs contained In this both bodies unanimously nendments be approved as Town Council has held a fired by Chapter,18.66 of the Town of Vail. 'RE, BE 17 ORDAINED BY 31L OF THE TOWN OF HAT: 16.08, "Adminis[ration," is ~enactexf to read as follows: ptar 16.08 IISTRATION ntment. ~nalbllEtiea. ement. Invents. ntment. Hager shah appoint an II administer and onforce this In may be cbmbinad with the Town. (Ord. 9{1973) mslbllltles. shall be responsible for such n this chapter, and shall be amens of the sign regulations. {Pad).) ement. may serve notice indicating Lion, ocrequiring the removal i of this title, on the owner or The administrator may call y to institute necessary legal .9 the previsions of this title, ay is authorized to institute that end. The administrator d of police and his authorized le enforcement of this title. (pan).) I. Ilion or determination by the nt to the provisions of [his in writing, with the Design y applicant within ten days delerminefion becoming final. nistretor becomes final at the 's next meeting, tf the Board iministrator's decision at that zf appeal, the Design Review ring a report from the nfirm, reverse, or modify the ;rotor. Failure of the Design ,vlthin sixty days of the filing cancurrance in the action of )rd. 14 (1882) § 1b: Ord. ration by iha Design Review m application pursuant to the Ater may be filed, in writing, it by the applicant within ten the action. In the event of tncil, after receiving a report view Board, may confirm, action of the Design Review tments. rpscribed In this chapter may rated by the Tawn Council. er 36.12, "Administrative r repealed and reenacted to pier 16.12 SIVE PROCEDURE Ilcatlons and approvals :often procedures. Ilcation and approvals ny person to display any sign .t complying with the following he sign application; and proval of the application for a tor; or proval of the applicat#on for a Design Review Beard. Sign required for all now or lily residential projects and [or commercial projects. Sign aired, at the discretion of the .ant new devalopmenta (e.g. ~ facilities) or redevelopment the sign administrator for Y required to be reviewed by 1.rd. ord. si(1x7a) § t (pan)t :atlon proeadurss. :o ba followed in fuhili'ang the ante are as tcllows: Ion for an Individual sign or e 4 ba obtained, property ed to the administrator, ator Shall accept and review ated sign application. The ova, cond0ionally approve, pr pticaElon based upon Its lifts as follows: 'ator determines that the sign meet iha design guidelines 16.16 of this Title, end the ~, contained in Chapters 15.20 the administrator shall deny denial of an application by the ... i~"v ../..n.....,,enne ,.dH,~ o 3} The administrator shall notify the Design Review Board of all administrative decisions at their next regularly scheduled meeting by publication of the decisions on the Design Review Board's next meeling.agonda. The Design Review Board may require that any depision of iho administrator be reviewed at its rtext regularly scheduled meeting. C. A sign program application shall be reviewed by the Design Review Board at its next regular;y scheduled meeting in the presence of the applicant or his representative ioilewing a duterminalicn by the administrator that the application has trees properly campteted. The Design Review Board will approve, conditionally approve or reject the sign program application hosed upon ifs conformance with This Title and its aesthetic value as follows: 1) If the Design Review Board determines that the sign program application does not meet the design guidelines contained in Chapter 16.15 of this Title, and the technical requirements, contained in Chapters 16.20 and 15.22 of this Title, the Dastgn Review Board shall deny the application. Upon denial of an application by the Design Review Board, based on lack of compliance with the technical requirements, iha applicant may resubmit a modified application or file an application for a variance in accordance with Chapter 16.36 of Ehis Title. Upon denial of an application by the Design Review Board, based on the design guidelines, the applicant may resubmit a modified application or file an appeal with the Town Council in accordance wflh the procedures outlined #n Chapter 16.1)8 of this Title. 2} Altar having determined That the sign program meats the general requirements of this Titfa, the Design Review Board shall approve iha application. D. Upon approval of the sign application by the administrator, or approval o11ha sign program by the Design Raviaw Boats, the administrator will duty notify the applicant of the approval In writing. The written approval will include any conditions placed on the approval by the administrator or She Dealgn Review Board. Upon denial of 1ha sign application by the zoning administrator, or denia€ of the sign program by the Design Review Board, notification will be given in writing to the applicant spec'dying the reason for disapproval antl making recommendations to bring the sign or sign program into conformance with the povlsions of this Title. 16.12.030 Fees The Town Council shall sat a reasonable tee for filing a sign application. The fee shall ba sufficient to cover the cost of Town staff time and other expenses ihcidental to the review of the application. The !ee will be adopted in a tae schedule. The lea shall be paid at 4he time of application and shall Hat be refundable. SECTION 3. Tiila 16, Chapter 16.36, "Variances," is hereby repealed and reenacted to read as follows: Chapter 16.36 VARIANCES - Sectiona: 18.38.010 Purpose - LEmltatlana. _ 18.36.020 Application. 16.36.030 Fee 16.36.044 Hearing. 16.36.050 Criteria for approval. 16.96.06D Appeal to Town Council. 16.38.0.10 Purpose - Limltatlons. A. In order to prevent or to lessen such practical dl(Sicultles and unnecessary physical hardships incansiatent with the objectives of this Title, variance from the regulations may ba granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a structure, or the location of the structure, from topographic ar physical conditions on the site or in the immediate vicinity, or from other physical lim'stations, streetlocations, or traffic conditions in the immediate vicinity. Cost er inconvenience io the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. A variance may be granted wish respect to any regulation contained in this Title. (Ord. 4(1975} § 2 (L)(1): Ord. 9(#973) § 17 (1},) 16.36.020 Application. Application for a variance shall be made upon a form provided by the administrator. Tha variance appticaticn shall include the application for a sign permit and shall also state the applicant's reasons for requesting variance in accordance with the criteria set forth in Section €6.36.050. (Ord. 4(1975) § 2 {L}{2); Ord. 9(1973) § 17 (2).) 16.36.030 Fee. Tha Town Council shall set a reasonable variance lea for tiling a sign variance application. The fee shall be sufficient to cover the cost of Town staff time and other expenses incidental to the review of {he application. The fee will ha adopted in a fee schedule. Tha fee shall be paid aF the lima of applicailon and shalt not be refundable {Ord. 4(1875) § 2{L)(3): Ord.9 (1973) § 17(3).) 16.36.640 Hearing. Upon receipt of a complete variance applEcat€pn, iha administrator shall set a date for, and conduct a hearing before the Planning and Environmental Commission in accordance with the requirements of Chapter 18.82 (Variances) of Title 16. Public notification of the hearing shall ba required and shall follow the notification requirements as stated in Section 18.66.08D (Hearing - Notice) of Tiila 1 B. Where 1ha provisions of Chapter 18.62 conf€ic1 with, or differ from, the specific previsions ocntained in Chapter 16.36, the provisions of Chapter 18.36 shall override andlor nullity the confilcting provisions of Chapter 38.62. (ord. a(t97s) § 2 (L)(a}: ord. x(1973} § 17(a).) 16.36.050 Crltese for approval. Before the Planning 8ntl Environmental Commission acts on a vadande application from this Title, the applicant must prove physical hardship, and the Planning and Environmental Commission must find thak A. There are special clrcumslences ar conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots or within iha adjacent right-oi-way, which would Substantially restrict the effecElveness of the sign in question: provided, however, that such special circumstances or conditions are unique io iha particular business or enterprise to wYiich the applicant desires tc draw attention, and do not apply generally to ell businesses or enterprises; B. That such spacial circumstances were noF Created by the applicant; C. That the granting of the variance wilt be in general harmony with the purposes of iris Title, and will not be materially detrimental to the persons residing or working,in the vicinity, tc adjacent appeal process as outlined in Section 18.62.070 of the Zoning Code. SECTION 4. Title 18, Chapter 18.54, "Design Review," the table pf contents only, is hereby repealed and reenacted to road as follows: DESIGN REVIEW Sections: 18.54.010 Intent. 18.54.015 Deflnltlons and rules of construction. 18.54.020 Board organization 18.54.030 Design approval. 18.54.040 Materiel td be submittedlprocedures. 18.54.050 Dealgn Guidelines. 18.54.051 Park Dealgn Guitlellnes. 18.54.06D Dealgn review fee. 18.54.070 PeRormanca bond. 18.54.080 Adminlatrailve poliofes. 18.54.090 Appeal to Town Couacll. 18.54.180 Enfortrement. 18.54.110 Lapse of design review approval. SECTION 5. Title 18, Chapter 18.54, "Design Review." Section 18.54.020>" Board Organization," Paragraphs A, C and E arc hereby repealed and reenacted to read as icltows: A. There is established a Design Review Board {ORB) of the Town of Vall. The ORB shall be composed of five members. Four members shall be residents of the Town of Vail, appointed by the Town Council, and the fifth member shall be a mumbur of the Planning and Environmental Commission of the Town. C. A vacancy on the Design Review Board shall occur whenever a momber of the Board is removed by the Town Council, dies, becomes incapac{tatsd and unable to perform his duties for a period of sixty days, resigns, ceases to be a residen4 of the Tawn of Vail, or is porsvicted of a felony. In the event that a vacancy occurs, the Tawn Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. The Board shall select ifs oWn chairman and vice-chairman from among 'r1s members. The Chairman, or in his absence, the Vice•Chairman, shall be the presiding officer of its moetings. In the absence of both the Chaimran and the Vice-Chairman tram a meeting, [ha members present shall appoint a member to serve as acting chairman at the meeting, All business of the Board shall ba held at the Municipal Buftding of the Town of Vail, unless otherwise specified, with adequate notice given to all intarestsd parties. Threw members shalt consiitule a quorum for the transaction of business, but in the absence of a quorum, a lessor number shall adjourn any meeting to a later time and date, and in the absence of members, any staff member shall adjourn any meeting to a later time and date. E. The Design Review Board shall meat the first and third Wednesday of each month. Additional meetings may be called by the Dealgn Review Board or the town staff if such meetings are deemed necessary. Should the staN or the Design Review Board require any additiona3 meetings, a notificatbn of the date antl items to be reviewed at the additional meetings shall be given by publication once, in a newapeper of general circulation in Eagle County, no later (hart the Friday of the week psor to the meeting. (Ord. 46(1991) § 1: Ord. 18(1985) §§ 1, 2: Ord. 39(1883) § 1.) SECTION 6. Tills 18, Chapter 18.54, Section 18.54.D40, "Material to be submlttedlprocedurgs," Paragraph C, "Preliminary! Final Design Review," Items 2 and 3 era hereby repealed and reenacted to read as follows: 2. StafflDRB Procedure. The Department of Community Development shall check all material submitted for design review for compliance with the applicable provisions of the Zoning Coda, Subdivision Regulations, and with Section 16.54.04(?C (the submittal requirements of this section as outlined shove}. IT the appEcation is found to be in compliance with the applicable provisions of the Zoning Code, Subdivision Regulations, end Section 18.54.040(CJ, the project shalt either be placed upon the agenda of tFte next appropriately scheduled Oeslgn Review Board meeting in axordance with the required application submittal deadlines on hie in the Community Development Department, dr be reviewed by the administrator in accordance wish item three of this section (staff approvals). If the application is found not io ba in compliance with the applicable provisions of the Toning Code and Section 18.54.040 (C), the application and materials shall be returned to the applicant with an explanation of the administrator's findings. The administrator may require any additional items from the applicant as maybe necessary for complete and proper design review. a. The administrator or iha Design Review Board shall review the application and supposing material, and if she design of iho project is found to comply with the objectives and design guidelines o1 this chapter, the administrator or the Design Review Board shall approve the design of the project, documenting such approval in writing and Hating any conditions of approval. If additional items are needed, as specified herein to determine whether iha project will comply with the purpose statement end design guidelines of this chapter.lhe Design Review Board may give preliminary approval or table the project until the next regularly scheduled meeting. If the project is tabled or ii preliminary approval is given, the Board shall specify the conditions end additional andla modified matadals which must ba submitted by the applicant to the Design Review Board or fo the adminislratar, including any changes In the design of the project. Tha applicant may also table the application to a future meeting for any reason. b. tf the project is found to conllict with the design guidelines, the administrator or the Design Review Board shall disapprove the design of iha project. Any disapprove! shall be In writing and shall spedficafy dsscn'be the design guidelines wrlh which the design of the project does no! comply and Ehe mariner Of noncompliance. c. Following fire final review of an appiicatlon by the Design Raviaw Board at a public meeting, the Design Revlaw Board shall have shirty days to consider and approve ar deny an application. The time for action maybe extended at the request of the applicant. d. if changes in the design of the project are requested, the Design Raviaw Beard shall approve, disapprove or request further changes within thirty days of the meeting at which iho Design Review Rnarrl rorei~ec Oho nhannee „nlaee an axtan¢inn i-¢ exterior lighting, canopies or awnings, fences, antennas, satellite dishes, w]ndows, skylights, minor commercial facade improvemonl5, and other similar modifications; b. Rny application for an addition to an existing building that is consistent with the architeelural design; materials and colors of the building, and approval has been received by an authorized member of a condominium association, it applicable; c. Any application to remove or modify the existing vegetation or landscaping upon a site ;and d. Any application for s#te improvements or moditirations including, but not timiledto, driveway moditicaticns, site grading, aria walls, installatbn of accessory structures or recreational facilities. In the above•spsrclfied cases, the administrator may review and approve the application, approve the application with certain mptlitications, deny the application, or refer the application to the Design Review Board tar decisipn. All other applications shall be referred to the Design Review Board. (Ord. 9(1993) § 6: Ord. 12{1988) § 1: Ord. 39{1383) § 1.) SECTION 7. Tills 18, Chapter 18.54, Sactlon 18.54.p80, "Administrative policies," is hereby repealed and reenacted to read as follows: f 6.54.060 Adminlatretive policlea. A. The decision oT the administrator shall be conveyed to the applicant or his agent in writing. Reasons for denial or conditions of approval shall be listed. The administrator shall publish a summary of all decisions made on the next meeting agenda of the Design Review Board. The adminislraior's decision becomes final at the Dealgn Review Board's next meeting, it the decision is not called- up by the Board at that moeling. B. A decision made by the administrator may ba appealed to the Design Review Board by the applicant, or an adjacent propery owner, in writing, within 10 days of the administrator's decision becoming final The Des[gn Review Board may calb up a decision made by the administrator a1 their next regularly scheduled meeting. C. The Design Review Board shall consider the appeal in 1hs same manner as the board considers all other applications taming before fi. (Ord. 39(1983) § 1.p SECTION 8. Title 18, Chapter 18.54, Section 18.54.090, "Appoal to Town Council," is hereby repealed and reenacted to read as tcllows: 18.54.090 Appea! to Town Council. A. A Design Review Board decision may be appealed to the Town Council, by Nte applicant by an adjacent property owner, or by the Town Manager. The Town Council can also cafl•up a decision of the administrator, or the Design Ravlew Board, by a majority vote of those Council parsons present and voting. B. Far all appeals, the appeal must be feted in writing ten days following the declslon or must ba called-up by the Town Council at their Hats regularly scheduled meeting. C. Tha Town Council shad hear the appeal within thirty days of its being Sited or called up with a possible thlsyday extension if the Town Council finds that there is insufficient information. (Ord. 39(1983) § i.} SECTION $_.- ._.. -- - - If any pan, section, subsection, sentence. clause, or phrase of this ordinance Is for any reason held to bs invalid, such decision shall not affect th9 validity Of the remaining posions 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 tact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 10. The Town Council hereby ilnds, determ€nes and declares tha3 this ordinance is necessary and proper for the health, safety and welfare o€ the Town of Vail and its inhabitants Shersrof. SECTION 11. The repeal or the repeal and reenactment of any provision of the Vail Municipal Coda as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the etiective date hereof, any prosecution commenced, nor any dther action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall Hat revive any provisions or any ordinance previously repealed or superseded unless staled herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of March, 1996, and a public hearing on this Ordinance on She 2nd day of April, 1996, in the Council Chambers of the Vaii Municipal Building, Vail, Colorado. TOWN OF VAIL Raven W. Armour Maya ATTEST: Holly L. McCulcheon Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ONCE IN FULL this 2nd day of April, 1996. TOWN pF VAIL Robes W.Armaur Mayor ' ATTEST: Holy t» McCutcheon Town Clerk Published in The Vail Trait art April 5, 1996 Public Notice ORDINANCE N0.10 SeNea ar 1998 AN ORDINANCE AMENDING SECTION 2.24.020, MEMBERS • APPOfNRMENTS - . TERMS OF THE PLANNING AND ENVIRONMENTAL COMMISSION; SECTION 2.26.020 ARTS BOARD -APPOINTMENT; SECTION 2.26.030 MEMBERS - APPOINTMEN75 -TERMS DF TOWN OF VAIL ARTS BOARD; AND SECTION 1$.5A.020(B) BOARD ORGANIZATION. Copies of this ordinance era available for public inspection in the office of iha Town Clerk during normal business hours. INTRODUCED- READ AND APPROVED ON Public Not ORDINANCE N0.11 Sesea of 1996 AN ORDINANCE AMENDING ORO 19, SERIES OF 1995 AS 70 A P~ TRACT B, VAILlLIONSWEAO, FILING 5HOYlN AS PROPERTY EXHiBtT A TO ORDINANCE NO. OF 1995 AND TRACT B, VAiL1tJ THIRD FILING SHOWN AS PROPI ON EXHIBIT A TO ORDINANC SERIES OF 1995. WHEREAS, on Novombor 7, 1 Town Council upon second reads Ordinance No. 19, Sarles of 1995 I zoning of 67 properties En the Tow their then current zoning to the Preservation District Outdoor Recrs or General Use District es set fork B and C to that ordinance; and WHEREAS, it has come fo Ihi the Tawn Counci! that a portion VaiVLicnshead, Second Filing 3isled a 38 and Tract B, VaiVLionshead Third Property No. 44 on Exhibit A to Ordii Series of 1995 was listed as being Town of Vail; and WHEREAS, a portion of Proper No. 44 are and were at the lime of I amending the zoning owned t Corporalipn, a Colorado corporallon; a WHEREAS, the notice require 16.66.080 of the Municipal Cads o' Vail requires that the published nolicr the owner ai record of the property; a WHEREAS, the notice impropr Town of Vail rather than The Vail C the owner of the property; and WHEREAS, a municipality i comply with provisions for notice of a in connection with a zoning ordinance and WHEREAS, failure to do so r invalidation of the amendment. NOW, THEREFORE, BF IT Of THE TOWN COUNCIL CF THE VAIL, COLORADO, as follows: SECTION 1. Thp Town Council finds That fo Tract B, ValULlonshead, Second Fllli to the recorded plat thereof, Caw State of Colorado, more particularly fellows: Beginning of the soutnwssl cr Tract B; thence the following four c the southerly line of sold Tract B; (1) i 24 minutes OD seconds E 245.1kt ii degrees 24 minutes 00 seconds E 1 < N 54 degrees 34 minutes 00 seconds (4) N 11 degrees 34 minutes 00 aeon feat; thence, departing said saulhai degrees 32 minutes 30 seconds W the northerly Ilna of said Tract B fulbwing six courses along said north 17 degrees 10 minutes 30 seconds V (2) S 11 degrees 02 minutes 30 secol feel; (3} S 54 degrees 34 minutes a 88.00 teat; (4) N 78 degrees 13 seconds W 158.00 feel; (5) S B3 minutes 00 seconds W 59.50 ter degrees 22 minutes 30 seconds W t the northwest corner of said Tract B; degrees 35 minutes 58 seconds E 78.: the west line of said Tract B, to begiviing. And Shat a ponlon pf Tract 8, Vi Tttird Filing according to the recorder County of Eagle, State of Colt particulary described as tdllows: Beginning al the northeast cornea B; thence S 46 degrees 22'30` W 70.1 the northerly line of said Tract B; thar said nodhariy Ilna , S 04 tlegrees 35' feet to the southerly line of said Trsc S8 degrees 23'40' E 5fi.62 tee[, southerly Sine, to the southeast comes B; thence N 04 degrees 35'58" W along fire east Ilse of said Tract B, U beginning, containing 6478 square ti acres, mare ar less. iha procedures for amending Ih. noF satislied due to the propedy owl adequately noticed of the zone than incorrect listing of the propany owner. SEGTION 2. The Town Council hereby i amendment of Ordinance No. t 9, Si for that ponlon of Tract 6, VaillLicnsY Filing and Tract B, VaillLlonshead described above and hereby dodares Tract B, Vai!lUonshead, Second Fili B, VaillLicnshead Third Filing will cr zoned as Agriculture Open Space as Chapter 18.32 of the Municipal Cads of Vail. SECTION 3. IF any part, section, subsectio clause ar phrase of this ordinance is f held to be Invalid, such decision shall validity of the remaining pasions of 1t and the Town Council hereby declares passed this ordinance, and each t subsactlan, sentence, clause or ph regardless ci the tact that any aria c sections, subssclions, sentences, phrases be declared invalid. SECTION 4. The Town Council hereby 11nde and declares that this ordinance is n proper for the health, safety and H Town of Vail and iha inhabitants there SECTION 5. The amendment of any provisit Municipal Code as provldsd In Ibis or not affect any right which has scat imposed, any vlolatlan that occurre effective date hereof, any prosecution nor any other action or proceeding at under or by ulnae of the provision a amendment of any prevision hereby s any provision or any ordinance prevlc or superseded unless expressly state[ SECTION 6. All bylaws, orders, resolutbns an or pass Thereof, inconsistenS herewith to the extant only of such tritons repealer shall not be construed to revs order, resclutlon or ordinanco, or rhnrwmfnra raoaalari.