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HomeMy WebLinkAbout2001-22 Requesting an Initiative to Amend the Charter of the Town of Vail, Colorado, to be Placed on the November 6, 2001 Ballot, Changing the Text of Article V, Initiative and Referendum• • ORDINANCE NO. 22 Series of 2001 AN ORDINANCE REQUESTING AN INITIATIVE TO AMEND THE CHARTER OF THE TOWN OF VAIL, COLORADO, BE PLACED ON THE NOVEMBER 6, 2001 BALLOT, CHANGING THE TEXT OF ARTICLE V, INITIATIVE AND REFERENDUM. WHEREAS, the Petitioners have circulated a petition and submitted said petition, to the Vail Town Council to initiate the amendment of Article V of the Home Rule Charter of the Town of Vail at the Regular Municipal Election to be held on November 6, 2001; and WHEREAS, the Town Council wishes to subrrait this amendment to the Charter of the Town of Vail to the registered electors of the Town of Vail for their vote at the next regular municipal election set for November 6, 2001 and to set a ballot title for same. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: 1. The Ballot Title shall read: SHALL THE CHARTER OF THE TOWN OF VAIL, COLORADO, BE AMENDED TO CHANGE ARTICLE V, INITIATIVE AND REFERENDUM, TO CHANGE THE LANGUAGE THAT REFERS TO ORDINANCE; EXPANDING AND EXTENDING REFERENDUM FROM ORDINANCE TO COUNCIL ACTION, WHICH INCLUDES AN ORDINANCE, RESOLUTION OR MOTION, AND EXTENDING CERTAIN DEADLINES. 2. Upon an affirmative vote of the registered electors of the Town of Vail, Article V, Initiative and Referendum, Sections 5.1 through 5.8, shall be amended to read as follows: (if the proposal is adapted, the language having a °+..~~~*~oubk: will be deleted and the language having an underline will be added) ARTICLE V INITIATIVE AND REFERENDUM 1 ,~ Z.z~Zc+Q C 1 • Section 5.1 -- General Authority: r~ {a) Initiative. The registered electors of the town shall have the power to propose azly ordinance to the council, in accordance with the provisions of this article of the Charter. In the event council fails to adopt said proposed ordinance without any change in substance, the said proposed ordinance shall be submitted to the registered electors at a town election for their acceptance or rejection. (b) Referendum. The registered electors of the town shall have the power to require reconsideration by the council of any ~rdina:~ council action. For the nurnose hereof, "council action" is defined as either an ordinance. a resolution or a motion. ~~; If the council fails to repeal rdira~e council action so reconsidered, the electors of the town shall then have the power to approve or reject ~ such council action at a town election, in accordance with the provisions of this article of this Charter; provided that such power shall not extend to the appropriation of any revenues, or council action calling a special election, and any ordinance necessazy for the immediate preservation of the public peace, health, or safety. Section 5.2 -Commencement Of Proceedings; Petitioners' Committee; Affidavit: Any five (5) registered electors may commence initiative or referendum proceedings by filing with the town clerk within fifteen (151 days of council action an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form stating their names and addresses and specifying the addresses to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or signing the ~e council action sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall 2 ~~~~~ ~ • • issue the appropriate petition blanks to the petitioners' committee. Section 5.3 -Petitions: (a) Number Of Signatures. Initiative petitions must be signed by registered electors of the town in number to at least fifteen (15) percent of the total number of electors registered to vote at the last regular municipal election. Referendum petitions must be signed by registered electors of the town equal in number to at least ten (10) percent of the total number of electors registered to vote at the last regular municipal election. (b) Form And Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the e~i-nano council action proposed or sought to be reconsidered. (c) Affidavit Of Circulator. Each page of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the petition, the number of signatures thereon, that all signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time For Filing Referendum Petitions. Referendum petitions must be filed within 9} forty-five (45) days after adoption by the council of the er~i~unce council action sought to be reconsidered. Section 5.4 -- Procedures After Filing: {a) Certificate Of Clerk; Amendment. Within ten (1Q) days after the 3 zaf.~oal • • • petition is filed, the town clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within two (2) days after receiving the copy of his certificate and files a supplementary petition upon additional forms within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsection (b) and (c) of Section ~.3, and within five (5) days after it is filed the clerk shall camplete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request council review under subsection (b) of this section within the time required, the clerk shall promptly present his certificate to the council, and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its newt meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition. (c) Gourt Review; New Petition. A final determination as to the insufficicncy of a petitian shall be subject to court review. A final determination 4 z~~~a~ • • • of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (Charter arnd. 9-16-1.997) Section 5.5 -Referendum Petitions; Suspension Of Effect Cf 8rdir~ar ~ Council Action: When a referendum petition is filed with the town clerk, the erd~nan~ council action caught to be reconsidered shall be suspended from taking effect. Such suspension shall terz-ninate when: 1. There is a final determination of insufficiency of the petition, or 2. The petitioners' committee withdraws the petition, ar 3. The council repeals the er~':~.a:~~ council action, or 4. Certification of a favorable vote of the town on the e. dir:;~i.~ council action. 5. Emergency ordinances shall continue in effect unless the majority of the council votes to suspend the ordinance pending the election. Section 5.6 - Actions On Petitions: (a) Action By Council. When an initiative or referendum petition has been finally deterx-nined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article 1V or reconsider the referred ordinance by voting its repeal; provided, however, that the council shall have power to change the detailed language of any proposed initiative ordinance and to affix the title thereto, so long as the general character of the measure will not be substantially altered; and provided further, that repeal of any referred ordinance may be effected only by athree-fourths majority vote of the entire council. (b) Submission To Voters. The vote of the town an a proposed ^r r°~ ~-~-°'' ordinance or referred council action shall be held not less than 4h~.~ 9} 5 • • • forty-five {451 days and not later than ninety {90) days from the date of the final council vote thereon. if no regular town election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed ~ : ~~d ordinances or referred council action shall be made available to the public within a reasonable time before the election and also at the polls at the time of the election. (c) Withdrawal Of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the thirtieth (30th) day preceding the day scheduled for a vote of the town by filing with the town clerk a request for withdrawal signed by a majority of the petitioners' committee. With the consent of the majority of the council and upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Section 5.7 -Submission By Council: The council on its own motion shall have the power to submit at a regular or special election any proposed ordinance or any question to a vote of the registered electors. Section 5.8 -Results Of Election: (a) Initiative. if a majority of the registered electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 6 z z~~l • • • (b) Referendum. If a majority of the registered electors voting on a referred e~d;r~c..i~:.ti council action vote against it, it shall be considered repealed upon certification of the election results. (c) An ordinance adopted by the electorate may not be amended or repealed for a period of six (6) months after the date of the election at which it was adapted, and an ardiri-a : ~ council action repealed by the electorate may not be reenacted for a period of six (6) months after the date of the election at which it was repealed; provided, however, that any ordinance or council action may be adopted or amended or repealed at any time by appropriate referendum ar initiative procedure in accordance with the foregoing provisions of this article, or, if submitted to the electorate by the council on its own motion. 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal Cade 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 provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 21st day of August, 2001. A public hearing shall be held hereon on the this 21st day of August, 2001 at the regular meeting of the Town Council of the Tnwn of Vail, Colorado, in the Municipal Building of the Town. 7 z z`~oa/ ~ .,,...^ r~,q,`,:.~~ ~;_.,. ATT `T: ,. ,.,.... rel i Donal son, Tov~rn Clerk ~~ .tc~',~ Ludwig KurF~ Mayor C~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ix~ full this 4th day of September, 200,1.~ / Ludwig, Mayo ATTEST: ~~ ~~~~ L~ele~Donaldson, Town Clerk ;~ :, 1':6F:'.ill~ S zz1~,, • ~~ h ro c O ~ ~ "`- b ~ff~. o ~ ~ Q r~ ~ N w N• e --~ M d ~~ ~_ ~ ~^ ~ ~ O ~ 0 Q ~~, > ~ - -...- ~ Q ~s o w ~~ o ~ ~~ ~ rS1 m n ...a. ~ ~ ~ _ ~ m ~. ~ ~ ~. o q _ ~a~- ~ tQ 7 ~; Q ~ -n m ro ~~o ~ ~ t'i . ~ c~i ~ m ~ ° ~ ~- a ~' z Q O ' Q ~ Q ~y ~,,, ~ 'R- N ~ Q Q ~ ~ ~ z ~, ~ ~ ~ ~ ~ ~ ~ o ~ o ~ ~ m Q t .~l (i7 tD b ~ rA ~ ~ `G d -~ Q ~ ~ fl Q m m c~ a m ~, ~ q o ~ ?,- ~ ~ Q - . - - ~ ~ ~ ~ m .~. C/~ ~ ~ {~ ~ N h ~ ~ ~ ~ fl ~ ~ ~ ~ ~ ~ fl ~ O ~ ~ 3 ~ ] Q ~ Q. p ~ q- ~ ~, ~ m Q ro c~ ~,. ~ m Q -~, n m m ~ ~ -~ ~ ~ ( ,~ ~, N ~ ~ ~ ' I ~ ff ~ ~ Q ~ Q .. ~ a ~ ~ ~ o q ~ CJ 4b ~ ~ ~ ~ ~ _ ~ ('3 C~D ~ ~ ~ ~. ~ rn ~• ~ ~ ~` ~ ~ fl ~ ~ A ~ ~ ~ ~ ~ ~_ ~ ~ ~ ~ CJh "~ {p Q ~ p 4 7 ~ 7 t5 c5 0 R, c~N ~ ~~sQ~ 6Q ~ ~ ~ ~ o m a o ~ G (~\) V .Z Q ~ "' (7 a 6 ° a O ~ Q `~ a ~.~o rr~r m ~n ° -~ m a 3 m a c~ -~ ~Q ''--y_ _ ~._ ~. N ~~ ~ O ~~c m COQ tD o Q Q ~ o Q~ ~. ~, ~ c m c~ ~ m Z -- Q Q ~ ~ ~ ~ ~ a 3 ~ ~ D p ~ ~ ~ O ~ Q- C? ~. m Q O n N m e m o ~- ~ o~ ~- ~ Q ~, o c w -. X ~-r ~ Q ~ ~ ~ ~ C? ~ ~ ~} ~ ~ ~ io ro ~ -~ a. m Q u, 3 c ~m ~~° ~.~ -m ~. ~ ~~ ~ ~ ~ ro ~ ~ ~. Q n I~ ~~_~~o~~o~ Q~ fl~ Q Q~°~ Q -„ ri ° ~ ° ~, n ~ Q ro ~ m m ~ ° ~- ~- -~ S;l ~ Q ~] z3 ~ Q ff cr-n p ~ t4 ~ ~ ~ ~ ~ ~ 6 ~ I x o o~ Ch cD ~~"' ~ N O 4 ~ r ~ ~ ~ O Q- t~3 ~ t~6 ~ ~ ~ • Q 0 C-n C '~ --~i Z 'HE RkAL ESTATE TRANSFER FTHE 2041 BUdGET FOR THE F VAIL, COLORADO; AND NGTNE EXPENDITURES OF OPRIATIDNS AB SET FORTH ID SETTING FORTH DETAILS REOARD THERETO. ~, conlinganclas have arisen dur- ~ear 2001 which could not have ly foreseen or anticipated by the tt the time It enacted Ordinance rf 2000, adopsing the 2401.8utlgel 'Ian for Iha Tawn of Vall, Colors- , 1ho Town Manager has tort{Sled ;ouncik that sufficient funds are :harga the eppropr4atlons referred dh Hulse redacted In the Budget, d[~Seallon 9.t0(a) of the Charter all; and, In ardor to accomplish the foro• Council finds that II should make rental appraprlatlons and budget eatfarlh herein. )BEFORE, BE IT ORDAINED, BY rUNCIL OF TiiE TOWN OF VAIL, ~ Socllon 9.10{al of the Churser ofi sit, Colorado, the Town Caundl he following supplamantel appro- ~udget adjuatmenta for the 2041 ienclal Plan for ilia Tpwn at Vait, tuthodzea the expenditure of sold is tollowa: AMOUNT $1,694,205 is Fund {749,371 ansferTaxFund (3,209,440 ($2,224,606 ., sectlott, subsecticn, sentence, e o1 this ordinance Is for any rea- nvalid, such daclslon shall not a1- ol the remaining portions of this the Tawn Council hereby de- have passed this ordinance, and ion, aubeacllon, sentence, clause of, regardfeae o1 the tact that any rtssectlona, subsections, aenlen- phrasea be declared Invalid. 3. ~ouncll hereby finds, determines, st this ordinance Is necessary and ieallh, seiety, and welfare of the f the inhabhants thereof. or the ropeal and reenactment of f Iha Munictpat Gallo of the Town fed in this ordinance shall noT af- vhlch has accrued, any duty Im• atlon That occurred prior to the eb eat, any proeacuflan commenced, action ar proceedings as com- er by virtue o1 Iha prevision re- nted and raenecled, The repeal of Hereby shall Hat revive any provi- Inanca previously repealed or su- s expressly stated heroin. orders, resolutions, and ardinen- hereoF, Inconelstent herewith are extend onlyy of such Inconsisten- ~r shalt not bo construed io revise r, rasallrtlon, or ordinance, or part 'ore repealed. 'ED, READ, APPRUVED ANb ~BLI5H>~D ONCE iN FULL pN JG this 4th day of 5eptomber, ~bllc hearing shall be held on this he 18th day of 9a tembar, 20b1, the Council Chamktera of the Vail rig, Vaik, GOIOrado. TOWN OF VAIL Ludwig Kurz a or AFTE T: Lorelei ponatdson Town Clerk dished fn Fha Vall Tlall t September 7, 2001 biic Notice iFtDINANCE N0.22 Series of 2001 INANGE REgUESTiNG AN O AMENDTHE CHARTER OF sucmir mis amenomam ro the cnaner or me Town of Vali to the registered electors of the Town of Vail for their vole at the next regular mu- nicipal aleciion set for November 6, 2001 and to sat a ballot tits for same, NOW, THEREFORE, BE IT ORDAINED HY THE TOWN COUNCIL OF 7HE TOWN OF VAIL, COLORA00, AS FOLLOWS: SECTION 1. The Ballot Title shall read: SHALL THE CHARTER OF THE TOWN OF VAIL, COLORADD, BE AMENDED TO CHANGE ARTICLE V, INITIATIVE AND REFERENDUM, TO CHANGE THE LANGUAGE THAT REFERS TO DRDINANCE; EXPANDING AND EXTEND- ING REFERENDUM FROM ORDINANCE TO COUNCIL ACTION, WHICH INCLUDES AN OR- DINANCE, RESOLUTION DR MOTION, AND EXTENDfNG CERTAIN DEApLINES. SECTION 2. Upon an affirmative vote of the registered electors of ilia Town of Vaff, Article V, Inltlative and Referendum, Sections 5.1 through 5.6, shall be amended to read as follows: {if the ro Deal Is adopted, the language having a ~ will be deleted and the language having an underline will be added) ARTICLE V INITIATIVE AND REFERENDUM Section 5.1 - Ganoral Authority: {a} tnl[lative. The registered electors of She town shall have the power to propose any ordi- nance to the council, in accordance with the prc- vislons a! this article of Fha Charter, in the event council falls Ic adopt said proposed ordinance without any change in substance, the said pro- posed ardlnanca shaft be submitted 1o the regis- tered electors et a town electicn for their accept- anca or rejection. {b) Referendum. Tha registered electors of the Sawn shalt have [he power to require racon- sideretlon by the councA at any : ~~:: • , , s8unrdl ~@jipn. Fnr rhg nuroose ft@rQpf. "go{Inck action" is defined as either an ordinanca_ a Le4oludon or a p1Qijgg, (rwdr If the council fake to repeal en-er~~ gYROe cauncit action so reconsitleretl, ilia afar:- a tf;a nny~ to ap• prove or reject X such council action at a town electicn, In accordance with the provisions of this arllda of this Charter; provided that such power shall not extend to rho appropriation of anyy reve- nues, or council action calling a special election, and any ordinance necessary for the Immediate preservation of the public peace, health, or sate- ry Section 5,2 -Commencement Of Proceed- ings; Petitioners' Commidee; Affidavit: Any Fiva (5) registered electors may com• manta Inltlative or refefendum proceedings by fib ing with the town clerk wiifiln tlHngn {1R1 rlttvs nt ccunctl action an affidavit stating theyy will oonsti- lute the petkioners' committee end be responsi- ble for circulating the petition and filling it in prop- er form stating their names and addresses and specitying the addresses to which all noticos to the commltteo are to be sent and saHing out to full the proposed Initiative ordinance or signing the eripaaaee ggypSEj prior} Bought to be recon- sidered. Promptly attar Iha affidavit of the petitio- ners' committee is Filed, the clerk shall issue the appropriate petition blanks to the petitioners' cornmlttee. Section 5.3 - Petitions: {a} Number Of Slgnaturos. Inittatlv8 petitions must be slgnetl by reggistered electors of the town In number to at least HReen (15) percent of the to- tal number of electors registered to vote et the last regular munlcipat elactlon. Referendum pati- tlons must be signed byy registered electors of the Sown equal in number fo at leas[ ten (30) percent of the total number of electors registered to vole at the last regular municipal election. (b) Form And Content. All pages of a pafition shall be uniform in size and style and shall be as- sembled as one Instrument [or fliing. Each signa- ture shall be executed In Ink or Indelible pencil antl shall bs followed by the address of the per- son signing. Pelltiona shall contain or have at- tachatl thereto throughout their clmulation ilia full text of the orrtNraPrre cntmcil gctfon praposatl or sought to be reconstderatl. (c) AHldavlt Of Circulator. Each page ofa pe- tition shall have attached Fo ii when filed an affi- davit executed by the circulator thereof stating that he personally c{rculated the potltlon, the number of elgnaturas thereon, that at1 s3gnatur~s were affixed in hie presence, that he believes Iham to be the genuine signatures df the persons whose names they purport [o be and that each signer had an opportunity be'tore signing to read the tail text of [ha ordinance proposed or sought lc be reconsidered. {d} Time For Firing Referendum Petticns. Raforondum petitions must be filed within thk{1' (a9 (pr -[)va fy~( days after adoption by [he council o! the cr9raarwe rnanrh action scught to ba reconsidered, r~~man "The vital measure of a newspaper is not its size but its spirit." - Anchor Hays Sulzberger recewmg me Dopy ar ms cenwcata aria mss a supplementary petition upon additional forms within ten 10) days after receiving the copy of such cart' cote. Such supplementary patkion shall comply with fire requirements of subsection (b) and (c) of Section 5.3, and within five {5) days after it is filed the clork shall complete a certifl- cato es to the sufficiency of the petition as amended and promptly send a copy of such cer- tificate to the petitioners' commidee by certified mail as in ilia case of an original petition. If a peti- tion or amended petition Is certified sufficient, or iF a petition or amended patkion is certified insuffi- cient and the petitioners' committee does not elect to amend or request council review under gubsection (b) of this section within the lime re- quired, the clork shall promptly present his certki- cats to fhe council, and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Council Review. If a patkion has bean certified insufficient and the petitioners' commit- tee does not file Halite of Intention to amend it or rf an amended petition has been certified insuHi- cient, the committee may, within Iwo {2) days af- ter receiving the copy of such certificate, file a re-, quest that it be reviewed by the council. The council shall review fhe certificate at its next meeting following ilia fliing of such request and approve or disapprove it, and the counciFS deter- mination shall Then be a final determination as to the sutticlency of the petition. (c) Court Review; New Petition. A final deter- mination as to the insufffciency of a petition shall be subject to court review. A final determination of insuHlclsncy, even If sustained upon Hour! re- view, shall not prejudice the filing of a Haw peti- tion for the same purpose. (Charter amd. 9-16- 1997) Section 5.5 -Referendum Petitions; Suspen- sion Of Effect Of 9r8inanee Council gctlorj~ When a referendum patkion Is tijed with the town clerk, tine ~ ~~:: ,.,:: rnunr•.il ryminp Sought tc be reconsidered shalt be suspended from~Eaking effect. Such suspension shall terminate when: 1. There is a final determination o1 insuffi- ciency o1 the petition, or 2. The petitioners' committee wkhdraws the petition, ar 3. The council repeal. the erdiweaea council 31SJ1Q71, oY .' 4. Certification of a favorable vote of the town an Hie eta,rva,."".94lrOS'P A~IPp, 5. Emergency ordinances shall continue in effect unless the majority of the council votes Eo suspend the ordinance pending the election. Section 5.8 -Actions On Petitions: (a) Action By Council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed Initiative ordinance to the manner pro- vided in Article IV or reconsider the referred ordi- nance by eating its repeal; provided, however, that the council shall have power to change the detailed language at any proposed Initiative ordl- nanco and to affix the title thereto, so long as the general character of ilia measure will not a sub- stantially altered; and provided further, that re- peal of anyy referred: ardlnanca may be effec[e.d only byy a ttirae•Tourths majority vote of fhe entire douncil. (b} Submission To Voters. Tha vote of the town on a proposed eE-referred ordinance Q~_ra. igrrad r~un{:q $rring shall be held not less than tpx4q~-4ae) rorty-rive ra±~t days and not later than ninety (94) days from the date of the ftna! council vats thereon. If no regular town election Is to be held within the pericd pescrbed In This subsec• 11on, the council shalt provide for a speclaf elec- tion; otherwise, the vote shall be herd at the same time as such regular election, except that the council may at ks discretion proylde for a special election at an earlle'a date within [he prescribed perlotl. Copies of the proposed er.•referresl ordl- nanCea or refasred rnunrfl ~etion shall be made available 1o the public within a reasonable time before the election and also at the polls at the time of the election. (c) WlShdrawal Of Petikvns. An initiative or referendum pettion may be withdrawn at any time prior to the thirtlath (30th) day preceding the day scheduled Ear a vote of ilia Town by Tiling with the town clerk a request for.wllhdrAwel signed by a majority o! the petitioners' commiHaa. With the consen! of the majority of the council and upon the tiling of such request, the petitidn• shall have no further farce or effect and all proceedings thereon shall be terminated. Section 5.7 - Submission By Council: The council on its own motion shall have the power to submit at a regular or special election any proposed ardlnanca or any question to a vote 01 the registered electors. Section 5.6 - Rasulta Of Election: (a} Initiative. If a majority of the registered electors voting on a proposed initlatlve ordinance vote In i!s favor, It shall ba considered adopted upon certification of the election results. If con• Flitting ordinances are approved at [he same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such ocnflict. (b} Rotarendum. St a majority of the regis- tered electors voting on a referred erc7iraas•ea (:nunri).agljQp vote against it, it shall be consid- ered repealed upon cerlltication of the election results. {c) An ordinance adopted by the electorate may Hat be amended or repealed tar a period of six {8} months after the date of the election at which it was adopted, and aq-erdinewee rB.ggrjt agt;ail repealed by the efectorate'may not be re- enacted for a period of six (B) months after the date of the election at which k was repealed; pro- vided, however, that any ordinance or council ac- Iltl(t may be adopted or amended or repealed at any time by appropriate referendum or Intiative procedure In accordance with the faregoing provi- sions of this article, or, If submitted to the e~ector- ate bythe council on its own motlbn. SECTION 3. Tha Tawn Council hereby finds, determines and declares that this ordinance Is necessary and proper for the health, safety and welfare of the Town of Vafl and the inhabitants thereof. SECTION 4. The repeat ar Fhe repeal and reenactment of an provision of the Vafl Municipal Code as pro- vided in this ordinance shalt not affect any rigght which has accrued, any duty imposed, any viola- tion that occurred prior to the effective date here- of, any prosecuticn commenced, nor any other action or proceeding as commenced uhder ar by virtue of the provisicn repealed or repealed and reenacted. The repeat of any provision hereby shaft not r8vlva any provision or any ordinance previously repealed or superseded unless ex- pressly staled herein. ann a pubuc neflring 9ha11 be held on this Ordi nonce on lhe'4th day of September, 2001 ai 7:00 p•m• fn the Gounclf Chambers of the Vail Munici- pal Building, Vail, Colorado. - TDWN pF VAIL Ludwig Kurz Mayor ATTEST: Lorelei Donaldson Town Clerk INTRODUCED, READ ON SECOND READ- ING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 4th day of September, 200#. Published in The Vatf Trail on September 7, 2401 Public Notice ORDINANCE N0.2S Serlea 012001 AN ORDINANCE APPOINTfNG THE VAEL LOQAL HOUSING AUTHORITY AS SPECIAL FFOUCIARY AGENTTO IMPLEMENTTHE MOUNTAIN BELL PROJECT WHEREAS, Iha Town Council of the Town of Vail racognlzad iha,pead for a housing authority and by passage of Resolution No. 25 Series of 1990, created the Vall Local Housing Authority in accordance with Colorado law; and WHEREAS, the Town Council of the Tawn of Vail, acting ex-officio, as the'Vall Lvpal Housing Au0ior4ry Issued a request for proposaftore rent- al development for employees working in the Vail Valley and a' permanent facility for a chitd~ educa- tion canter; and WHEREAS, the request tar proposal solicit- ed'bids for a developer to design, develop, touitd, own {sub]act to land lease) operate and maintain such protect; and WHEREAS, the Town Council apppaimed new members of [he Vail Local Hvusing Authari- iy (VLHA) pursuant to Colorado law to completo and implement the project; and WHEREAS, the VLHA Is owner representa- tive for the Town of Vall with respect to a r1lon of the Mountain Bell Slte owned by the T~n of Vail; and WHEREAS, the VLHA was asked by rho Town of Vail to complete ilia request for proposal process, select the developer and negotiate, con- summate and manage a Development Agree- ment for the project; antl WHEREAS, the VLHA requires authority from rho Town Ccuncll to act as the Town's own• er representative, to complete the Development Agreement and to implement Its terms with the Developer; end WHEREAS, the Development AgreAmen[ w311 provide that the project require approval by the Town for conformance with ak .public appro- vals Indsppenden! of the other a resments cov- ered inthis Ordinance ((PEC, DRB . NOW. THEREFOIE. BE !T RDAINE^ BY THE TOWN COUNCIL OF THE TOWN OF VAEL, COLORADO-that: SECTION 1. ' The Vaii Local Housing Authority is hereby appointed as Special Fiduciary Agent to: a. Implement the terms of the Development Agreement for tine development of Ehe Project dated August 30, 2001, and executed by VLHA on behalf of the Town; b. In accordance with the Development Agreement, make, enter Into, execute and per- form on behalf of the Town, the Land Lease and Deed Restriction pursuant to the terms of the De- vetopmsnt Agrosment and In accordance with the goals of the Town set forth In the RFP; c. Generally, to monitor and enforce, on be- half of the Town, the ongoing compliance of file Developer under the Deve~opmeat Agreement, the Land Lease and the Deed Restriction. SECTION 2. The Town Council hereby ratifies and appro- ves the Development Agreement dated August 34, 2001, and executed by VLHA. SECTION 3. To provide a process to ensure ongting compliance and communication between VLHA antl the Town Council regarding any disputes cancerning VLHA's spacial agency, the Town's review of such performance shall incorporate the following medlallon and arbitretlon process: If a dispute arises out of pr relates to this pr- dinanco, and d the dlspate cannot be Baffled 'through nagotlation, the Parties agree first to try in good faith to settle the dispute by non-bintling mediation administered by a mediator mutual)yy seleclad py the Parties prior to resorting to bind- ing arblVation or litigation. In the event the Par• ties cannot agree upon a mediator, the madlattan shaft ba administered through the American Arb4- tration Assaclation. Any conlraversy or claim aris- ing out of or rotating to this appointment as spe- cial agent, which cannot be resolved by the aforesaid mediation shall be Battled by binding arbitretlon administered by !hs American Arbltra- tion Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitre[or(s} may be entered in any court hav- ing jurisdiction tharecl. It a dlspate arises priorlo complelEon of the Project, tc the extent pracbca- ble the work shall continue unabated white the dispute Is being resolved. SECTION 4. II an art section subsection sentence clause or phrase of this ordinance is tar any res- son held to be invalid, such decision shall not ef- fect the validity of the remaining portions of this ordinance; and 'the Town Council hereby de- clares 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, senten- ces, clausa5 or phrases ba declared invalid. slon or any ordinance previous perseded unless expressly stall SECTION 6. All bylaws, orders, resoluti ces, or parts thereof, inconsi; repealed to the extent only of s This repealer shall not be tenet bylaw, order, resolution, ar o thareoi, theretofore repealed. INTRODUCED, READ, / ORDERED PUBLISHED ON( FIRST READINQ this 4th dE 2001 and a public hearing she Ordinance on the 18th day of at 7:00 p.m. in the Council Cliff Municipal Building, Vail, Colorer Published In Tha Vs on September 7, Public Nt PLANNING Ai+ ENVIRONMENTAL CDI PUBLIC MEETING SC Monday, September Public Hearin Town Ccuncll Chamber 5. A reqquest for a varlancr sD-6, Vall Tawn Code, to ally within required setbacks, locatr Lanellot 7, Block 1, Gore Creel Applicant: John Kuchar re vid Irwin Planner: Allleari Ochs 2. A request For a text a Public Accommodation zone d fhe addition of automotive ser accessory "convenience" retell use; a request for a rezaningg I ice" to "Public Accommodatlor request for the estahlishment r opment district; a request for permit tv allow for the operatlor service station with accessory tall}; a request r e conddtiona low For the construction of a club; and a request for a condltl allow for the construction of " housing unks, located at 28 RoadlLot A, Veil Village Seconc Applicant: Alpine Vanturei Fritzlen Pierce Architects Planner. Brent Wilson 3. A request for a major quest to amend the Vall Lt change the deslgnatlon from "High Density Residential", an rozoning tram "Natural Area Pn to "Housing Zone District" to a oilmen[ of employee housing a1 Mountain Bell, totaled nn an property at 160 North I°rontag plate metes and hounds legal c able at the Department of Ga merit. Applicant: Tawn of Vak I represented b Odell Architects Planner: Allison Ochs 4. A request for a razonln~q vefo~rment Ufstrlct No. 14" to I trlnt located at Timber Ridgge 4 Frontage Road WasULots C•1' Bridge Filing No. 1. Appllcant:Town of Vatl Planner: Allison Ocha . 5. A request for a final reti mendatlon to the Vall Town Cq r visions to Tllle 14 (Developp Jell Town Code, regarding th materials within ilia Town of forth detaks In regard thereto, Applicant: Town of Vail Planner: BIII Gibson 8. A requeah for a final rat mendatlon to the Vail Town Cr of Vall's proposed amendmer Vaff Streetscapa Master F East/Wast Meadow Drive, Vail l Applicant: Town of Vall Planner: George Rather TABLED UNTIL OCTOBE' 7. A request for a condltk allow for ilia construction of a the `schoolhouse located at DrIvelPed of Tract A, Vall Villagge Appticanl: Vail Alpine G represented b Ry Southard Planner: Ann Kjerulf WITHDRAWN B. Approval of August 27, 9. Iniormatlon Update Tha appllcatlons and Into proposals are avalable for puk ing regular office hours in the pp lice located at the Town of Vr velapment Dapartment, 75 Sot Tha publicis~lnvked to attend and the site visits thaE precede In the Town of Vall Community partmant. Please call 473-21; Sign Ianguaga Interpretmlon quest with 24-hour notificatlar 2356, Telephone for the Hearer formation. COMMtiN1T Published In The V on September 7, ~~~~ ~.~.~ ~ ~, ~ Interest®d ~~~~ in property the Vait Va THE VAIL TI~aII. ~ SEP'I'EtVIHEI~ 7-13, X04 hrissy 970 284-602 I PRO E IES,INC sad trampoline and frame. to In good (usable) cond!- k6 Ot 827-9304. HI-PROFIT )DING ROUTE y Big $$ -Must Sell! -571-0225 - Exfi, 231 ~n~~ie~ DLN~ron~ 12EAL EST/1TE •3 [NESS BROKERS Yl[~1t; OlZ S81.LENG7 5E CALL ED MAI-E.ET[ (9701926-7990 27 - EDWARDS, CO B1G32 I ~ ~ 1 ~! MAXIMA SF. 4 door, V6, AC, owdr, sunroof, stereo. $18617. (970) 376-5749 DA RX-7 CONVERTIBLE - s. Compact disc. Good run- itlon, but does need tires. 1926-2758 ovonings or 328- iUNbA ACCC~t'2D ~XI 328-7245 desyys) or 26-2758 (n ghts) ROLE7 ASTRq VAN - 4 wheel matte. Low mileage. Needs airs. Ones ownac Has two js, $7600. Cpll 3?_8-7245 days 3 evenin~js. e Durango Xu, Great con- , CD player, A/C, Power all 476-6349 SPACE TO WORK FOR YOU fH A CLASSIFIED AD! Call 328-7245 iblic Notice ORDINANCE N0.21 trerlea of 2001 iANCE A PTiN6 A REVISED r0 DEVEL PMENT PLAN FOR EVELOPMBNT DISTRICT NO, B, 1Qf: INN PHA8E IV,TO ALLOW CONBTF~UCTION OFTHE VAIL IOTEL• AND SETTING FORTH ILS fN REL~ARDTHERETO. s5, In 1976, the Vell Town Ccuncil lento No. 7, Series of 1978, astab- tl Development plstrlcl No. 8, Vall id iS, 9ecllon 12.9A-16 of the Zcningg ermile major amendments to prevl• ad Development Plans for Special Dlslrivis; and tS, Daymer Corporation, as owner IV property, hen aubmlHad an appll- Ivised ma or amondment io Special Dlstdct Nc. 6, Vall Village Inn, iS, Iha purpose o1 this ordinance Is er . er v ran env nos suummea cs recommendation of approval and findings to the Vsll Tawn Council; and WHEREAS, all publlc notices as required by the Town of Vall Coda have bean publ{sfied and sent to the a ropriate parties; and WHEREAS, the Vail Town Council considers II In the best interest o1 the public health, 6afvly, end weffare to adopt the revised Approved Devell• opmen! Plan far Speclal Development DlstrlM No. 6, Vast VlBaga Inn, Phase IV, Vatl Plaza Hotel; and WHEREAS, the approval of the major amendment to Special Development District No. 8, Vail Village Inn, Phases IV, Vell Plaza Hotel and the development standards in regard (hereto shall not establish precedenF or entitlements else- wherewithin the Town of Vall. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OFTHE TOWN DF VAIL, COLDRgDO, THAT: SECTION 1. Purpose of iha Ordinance The purpose of Ordinance No. 21, Series of 2001, Is to adopt a revFSed Approved Oavelop- ment Pian for Speclal Development Dlsirici Nd. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel. Tha Approved Development Plans for Phases I, III and V remain approved and unchanged !or the devalopmant of Special Development pistrict No. fi wllhin the Town of Vah, unless they have other- wise expired. Only the Approved Development Plan for Phaso IV, the Vall Plaza Hotel is hereby amended and adopted. _ SECTION 2. Amendment Procedures Fulfilled, Planning Commission Report The approval pprocedures described in Sec lion 12-9A of iha Vall Municipal Coda have bean fulfilled, and the Vall Town Council has received the recommendation of iha Planning and Envi- ronmental Commission for a major amendment 10 the Approved Development Plan for Special De- velopment District No. 8. Vail Village Inn, Phase IV, Vall Plaza Hotel. Requests for amendments to the Approved Development Plan shall follow tfite procedures outlined in Section 12-9A of the Veil Municipal Cade. SECTION 3. Special Revelopmant District No, 6 The Speclal Development ^istrict and the major amendment to the Approved Development Plan far Phaso IV are established to assure com- prehensive devalopmant and use o1 the area In a manner that would be harmanlous with the gen- eral character of iha Town, provide adequate open space and recreation amenities, and prc- maty the foals, objectives and policies of the Town of Vail Comprahensiva Plan. Special De- velopment District No. 6 is regarded as being complementary to iha Town of Vall by the Vaii Town Council and the Planning and Environmen- !al Commissicn, and has bean established since !hare are slgnllicant aspects o} the Special Devel- opment District thaE cannot be satisfied thrcugh the Imposition of iha standard Public Accommo- dation zpne district requirements. SECTION 4. Development Standards -Speclal Deveiop- mant District No~ 6, Vail Village Inn, Phase IV, Veil Plaza Hotel Development Flan- The Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel shall include the fol- lowing plans and metedats prepared by Zehren and Associates, inc., dated April 4, 2000 and stamped approved by fho Town of Vail, dated April 16, 2600: ns may be further revised by the Town o1 Vaii eaten Review Boardp Site Illustrative Plan Site Vkgnettes Koy Plan (Holed 'for illustra- tion purposes only") Site Vignettes She Plen (revised) Leval Minus Two Level Minus Ona Level Zero Level One Leval Dna and 112 Level Two Level Three Level Fvur Level Flva Level SiX Roof Pian Root Plan (Mechanical Equipment) Street Sections (Vail Road ElevahonlNOrth Fromage Road Elevaticn} Plaza Sections (South Plaza EievatioNEast Plaza Elevation Bu]Iding A levalions Building A Sections Building B Elevations Building B Sections Building Height Plan 1 (Absolute Haightslln- larpolatad Contours) Dukldingg Height Pian 2 {Maximum Height Above Gradellntarpofated Contours) Pool Study {Pool Sections) Vail Road f etback Study Leading and Delivery plan Street Entry 5ludles (Vaii RoadlSouth Front- age Road Sun tudy Landscape Improvamenta Plan Off-she Impprovements Plan PermiHed Usas - The permitted uses in Phase IV of Speclal Development District No.6 shall be as set forth in Section t 2-7 of Ehe Vall Town Code. Condltlonat Usas - Condltional uses for Phase IV shall be sat inrth in Section 12.7A-9 of the Town of Vail Zon- ing Regulations. All conditional uses shall be ra- viowed per the procdClures as outlined In CFfFlptar 12-16 of Iha Town o1 Vall Zoning R ulatlons. Denshy -Units per Acre -Dwelling Units, Ac- commodation Units, and Fractional Fee Club UnIFs The number c1 units permitted In Phaso IV shall not exceed the following: Dwelling Unite- i Acctlmmodatton Units - 99 Fraclionef Fee Club Units - 5g pe III Employee Housingg Unhs - 1 B ( employee bed3 tvtaling 9,818 square feat of floor area) DeneHy -Floor Area The gross residential fiocr area (GRFA), rbmman area and commerclel square toot~ge permlHed for Phase iV shall be as set forth In the Approved Davabpment Plans referenced In Soc• flan 4 of this ordinance. Setbacks - Raquired selbadts for Phase IV shall be es a ra coverage The maximum allowable site coverage for Phase IV shall ha as set forth in the Approved Developpment Plans referenced in Section 0. of this ordinance. Landscaping- The minimum landscape area requirement for Phaso IV shall be as sat forth in the Approved Davelopman[ Plans referenced in Section 4 of this ordinance. Parking and Loading - The required number of off-street parking spaces and loadingldelivery berths for Phaso !V shall be provided asset forth in the Approved De- votopment Plans referenced in Section 4 of this ordinance. In tic instance shall Vail Road or the south Frontage Road be used for foadingfdefiv ery or guest drop-offlpick-up without the prior wntten approval of fho Town at Vah. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restrict- ed to any person other than a Tenant, occupant or user of the bulldmg for which the sppace, s aces or area are required tc be provided by the Zoning Regulations or ordinances of the Town. The fore- going language shall not prohibit the temporary use of the parking spaces for events or uses out- slde of the building, subject to the approval ai the Town of Vail. SECTION 5. Appproval Agreements for Speclal Davalop- ment Ulstrict No. 6, Phase IV, Vall Plaza Hotel That the Developer submits detailed c"soil en- gineering drawings of the required off-site im- provements {street lights, drainage, curb and gut- ter, sidewalks, grading, road improvements, Vaii Road landscape median Improvements, etc.) as identified on the off-site improvements plan to the Town of Vall Public Works Department for review and approval, prior to application for a building permit. That the Developer submits a detailed final landscape plan and final architectural elevations far review and approval of iha Town o1 Vail De- sign Review Board, prior to application for a building permit. The SDD appproval time requirements and Ilmitations of Sect(on 12-9A-12 shall apply to Or- dinance No. 21, series of 2001. In addition, the pphasing of [he construction of the hotel shall not be permitted. That the Developer submits the following plans to the Department at Community Develop- meat, for review and approval, as a part of the building permit epphcation for the halal: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; c. A Stormwater Manesgement Plan; d. A Site Dawatoringg Plan; and e. A Traffic Central Pian. That the Developer receives a conditional use permit to allow For the oonstructlop of 18, Type iII Employee Housing Units in Phasd IV of iha District, In accordance with Chapter 12-16, pprier to iha issuance of a bu]Iding permit, tar the hcusing of 36 employees totaling 9,618 square That the Developer submits a complete set of plans to the Colorado Department of Transpor- tatwnfor review and approval of a revised access permit, prior to application for a building permit. That the Developer meets with the Town staff to prepare a memorandum of understanding cull€ning the responsibilities end requirements of the required off-site improvements, prior to sec- ond reading of an ordinance approving the major amendment. That the Developer submits a complete set of plans responding to the de~lgn cancems ex- pressed by Greg Hall, Director of Public Works & Transportation, in his memorandum Id Gecrge RuthaG dated 12/f?199. The drawings shall 4e submitted, reviewed and approved by the Town Engineer, pricy [o final Design Review Board ap- proval. That the developer records a public petlas- trlan easement between iha natal and the Phase III Condominiums and between the Phaso V Buitding property lines. The eesemenf shall be prepared by the developer and submitted for re- view and approval of .the Town Attorney. The easement shall ba recorded with the Eagle Coun- ty Clerk and Recorder's Office prior to the issu- ance of a Temporary Certiflcate,of Occupancy. That the Developer record a deed restriction, which the Town is a party to, on the Phase IV properly prohibiting the public use of The spa fa- cility in iha hotel. Said restriction may ba revoked h the Developer is able to demonstrate to tits sat- isiactfon of the Town that adequate picots#ons for vehicle parking have bean made to accommo- date the public use o! the ape. Tho restriction shall ba recorded pr{or to the Issuance of a build- ingpermit. That the Developer submits a final exterior building materials list, a typical wall-section and complete color rendering for review and approval o) the Design Review Board, prior to making an application for a building permit. That iha Developer submits a cnmprehen- slve sign program proposal for the Vall Plaza Ho- tel for review and approval of tine Design Review Board, pdor to the Issuance of a Temporary Cer- tificate of Occupancy. That the Developer submits a rcof-top me- chanical equipment plan for review end approval of the Design Review Board prior to the issuance of a building perm's!. All roof-top mechanical equipment shall be incorporated into the overate design of the hotel and enc3osed and screened from public view. That the Developer posts a bond with the Town of Vail to provide financial security for the 125°h ai the total cast of the required off•site pub• tic improvemems.The bond shall ba'in pptaco with the Town prior tc the issuance of a building per- mit. Thal the Developer inslal(s bollards or similar safely devices at.Ihe Intarsectipn of{he delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts 6s- tween pedestrans and vehicles, prior to the issu- ance of a Temporary Certfficate of Occupancy. That the Developer studies and redesigns the entrance on the north side of the halal across from the entrance 1o the Gateway BuEfding to cre- ate amore inviting entrance or a design that redt- racis pedestrians [o another entrance. The final design shall be reviewed and approved by the De~fgn Ravlew Beard prier to the Issuance of a building permH. That iha Developer oa6rdinate efforts with the owners of the Gateway Suikding to create a below ground access for loading and delivery !o the Gateway from the Veit Plaza Motel to resolve potential loading and delivery concerns at the Gateway. If a ooordlnated effort van be reached the Developer shalt submit revised plans to the Town of Vall Community Development Depart- ry cennicars or occupancy. That Ehe Devofaper provides a centralized loadingrdelivery facility foe the use of all owners and tenants within Speclal DBVVSopment Dlsirici No. 6.Access or use of the facility shall not be un- duly restricted for Sppeclal pavelopmeet District No. 6.Tha loadingldellvery facflily~ including docks, berths, freight elevators, service corridors, etc., may ba made available for publlc and/or prl- vata loatlingldelivery programs, sanctioned by the Town of Vail, to mitigate loadingldelivery im- pacts upon the Vall Village loadln9g~rdelivery sys- tem. The use of the facility shall onlyy ba permit- ted upon a finding 6y the Town of Vflll end the Developer that excess capacity exists. The De• vetopper will be compansatod by the Town of Vail and/or others for The common use of the foci{sty. The final determination of the use of the facility shalt be mutually agreed upon by the Developer and the Town of ail. That the Developer submts a written latter of approval from adjacent properties whose proper- ty Is being encroached upon by certain improve- ments resulting from the construction of the hotel, prior to the issuance of a building permit. Fhat the Developer executes a Developper Improvement Agreement to cover the completlan of the required off-site improvements, prier to the issuance of a building permit. That the Developer record Type 111 deed-re- strictions of each of the required employee hous- ing units, with the Eagle CounTy Clerk & Record- er's Office, prior to the Issuance a1 a Temporary Certificate of Occupancy. That the required Type ill dead-restricted employee housing units not ba eligible for resale and that the units be owned and operated by the hotel and that said ownership transfer with iha deed to [he hotel property. SI?.GTION 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is far any rea• son held to be invalid, such decision shelf not af- fect the vafidiTy of the ramaining portions of this ordinance; and the Town Council hereby da- clares it would nave passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, seuKtons, subsections, senten- ces, clauses or phrases he declared invalid, SECTION 7. The repeal or the repeal and re-enactment of any provisions of iha Vall Municipal Code es pro- vided in this ordinance shalt not affect any rigght which has accrued, any duty imposed, any viola- tion that occurred prior to the effective date here- of, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The iepeat of any provision hereby shall not revive any provision or any ordinance prevlousiy repealed or superseded unless ex- pressly stated herein. SECTION B. Alt bylaws, orders, resolutions and ordinan- ces, or parts thereof, Inconsistent herewith arc hereby repealed to the oxtent onlyy of such Incon- sistency. The repealer snail not ba construed to revise any bylaw, ardor, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READ- ING, APPROVED AND ORDERED PUBLISHED ONCE 1N FULL ON FIRST READING this 21st day of August, 200!, and a public hearing Far second reading of this Ordinance set ter the 4th day of September, 2001, in the Council Cham- bers of the Vail Municipal Building, Vafl, Colora- do. TOWN OF VAIL Ludwig Kurz aYor ArTES7: Lorelei Donaldson Town Clark Pubtkshed en Tha VaH Trail on August 20., 260! • Public Notice ORDINANCE NO.22 Series of 2001 AN ORDINANCE REQUESTING THE AMENDMENT TO THE CHARTER OF THE TOWN OFVAIL, C LORADD,TO CHANGE THETEXT QF p T1CLt: V, INITIATIVE AND REFERENDUM. WHEREAS, the petltloners have circulated a petition and submiHed said petition to the Vail Town Council tc Initiate the amendment of Article V of the Nome Rule Charter of the Tawn of VaIE at the Regular Municipal Election tv be bald on November 6, 2001; end WHEREAS, the Town Council ~ wishes to submh this amendrrtant to the Charter o1 the Town of Vall to the registered electors of the Town of Va11 for their vote at the next regular mu- nicipal election set for November 6, 200! and to set a ballot title for same. NOW, THEREFORE, BE IT ORDAINED DY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: SECTION t. The Ballot Title shall read: SHALL THE CHARTER OF THE TOWN OF VAIL, COLORADO, BE AMENpED 70 GRANGE ARTICLE V, INITIATIVE AND REPERENDUM, 70 CHANGE THE LANGUAGE THAT REFERS TO ORDINANCE; FROM ORDINANCE TO CDUNCIL ACTION. . SECTION 2. Upon an affirmative vote of the reggistered electors of the Tawn of Vall, Article V; Initlaiive and Referendum, Sections 5.t through 5;8, shall ba amended to read as foflowa: having a a pr~~ls aaldo a deleladl and iha language hating an t will be added) ARTICLE Y INITIATIVE AND REFERENDUM Section 5.1 -General AuihoriTy: (a) Initiative. The registered electors of the foyers shall have iha power to propose any ordl- nance to the councl, In accordance with iha pro- vislone of this article a1 the Charter. In the avant cauncll fails to adopt sold proposed ordinance without any change In substance, Fite sold pro- posed ordinance shall ba submitted to the regls- preservation oT the publlc pea ty faction 5.2 -Commence ings; petltloners' Committee; A Rn~ five (5) registered manta nitiative or referendum ing with the town clerk wllhin -.~g.(fg6 an atildavit slat tutu the petltloners' committa ble for circulating the petitlan er form stating their names s specifying the addresses to s the committee are to tae sent full the proposed In€tfahve or fho orcArtwnee 44Up4i! ~GIjgD sidered. Promptly otter the att Hers' committee Is filed, the c appropriate petition blanks committee, Section 5.3 - Petitions: (eJ Number Of Signature; must be signed by registered In number to at least fifteen (1, tat number of electors reglsh Oast regular municipal elactfor dons must be signed by regist town equal €n number to at lei of the total number of electari at the last regular municipal of (6) Farm And Content. All shall bo uniform in size and st sembted as ono instrument fo 'lure shall he executed In Ink and shall bo followed by the i son signing. Pethlona shalt c lathed thereto throughout the text of the erdiaanse council sought 1o be reconsidered. (c} Affidavit Dt Circulator. titian shall have attached to it davit executed by iha circulr that he personally circulator number of signatures thereon were off#xed In his presence them to be iha genuine signal whose names they purpport t< signer had an apportunify bet the full text of the ordinance' I to bs reconsidered. (d) Tlme For Filing Rel Referendum pettflans must b (apt {~srly-fjva fail days afti: council a! iha , ~,:'- ,. ~ . ~ coon be reconsidered. Section 5.4 -Procedures {a} Certificate Of Clark; ten (10) days after the petitic clerk shelf complete a'certitk clency, specifying, If h Is insu tars wherein d Is defective sand a copy of iha certlllcatt commlHee by cerllfied mail. A sufficient for lack of the requli signatures may be amended Hors' commlttr Iles a notice of intention to am within twc (2) days after recap certificate and files a Supt upon addhlonal farms within ten (i[ ing the copy of such cerlificatt toryry petition shall tom ly with subsection'{b) and (c~o1 Sac five (5) days after it is filed tl plate a cerlNlcate as to the su lion as amended and pramp such certificate to the petltlo certified mail es in the case of If a petition or amended petifl elent, ar H e petition ar amenr fled insufflclent and [he pet does not elect to amend or view under subsection {b) of iha time required, the clerk sh His certificate to the council, shalt then be a final daterlnlni clencyy of the petition- (h) Council Raviaw. It a carlihed Insufflclent end the I tae does not file notice of €nta if an amended petition has bi clent, the committee may, will ter receiving the copy of such quest that It be reviewed b cauncll shall review the ceI meeting.tollowing the Flling o' approve or disapprove It, and minatfvn shall then ba a final iha sufficiency of iha pethlon. (c} Court Ravlew; New Pi minstlon as to iha insufficient be subject to court review. A o! insufficiency, even If suatai view, shalt not prejudice iha ~~ lion for the same purpose. ¢ 1997) Section 5.5 - Referendun slon Ot Effect Of 6rdlRaRae When a referendum petal lawn clerk, the erdiaaaee tout be reconsidered shall be sus effect. Such suspension shall' 1. There Is a final detvi clency of the petition, or ' 2. The petltloners' Comm pethion, or 3. Tha council repeals th I3gA411. ar 4. Certlficatlpn of a fav town on iha erdlnawae council 5. Emergency ordinance effect unless the majority of ~ suspend the ordinance pendir Section 5.8 -Actions On I (a} Action B Council. N reterandum petitlan Has beet suHiclent, the council shall pr proposed Inltlative ordinance vlded Ih Arilcle IV or revdnsld Hance by voting Its repeal; that the council shall have p detailed language of any prcl Hance and to affix the [ilia the generel character of iha meal atentlally-obeyed; and provl peal of any referred ordlnan only by a thiee-tounhs majors cauncll!. {b) Submission To Votes town on a proposed er-referr (erred council action shall bs tglr~F7W torN-11ve f45S day; nine-ty-( 6) days from the deli vote thereon. F no regular to held wllhin the period prescr lion, the council shall provldr lion; otherwise, the vote shalt time as such. regular electh cauncll' may a~ its discretion I election at an earlier date w period. Copies of the prapos 'T~~ Va-~~, TRat,llt.. / A~G~sr 24-30, 2001 cuncH on Ile own molten shall have the ;ubmll at a regular or special election ;ed ordinance or any quesllon to n vote 3lpred Pl9eiors, ~n 5.8 • Rnsulls Of Election: itiative. tf n majority of fha registered sing an a proposed Inlllative ordinance favor, it shall bo considered adaptatl hcatipn of the election msuSls. II con- ilnancos ern approved al the same ie ono receiving Iho greatest number of votes shgfi prevail to [ha extonl of ct. aterondum, if a ma]orfty of the regls tors vothtg on a referred erdiNaaee ~ vote against it, it shall be consid- sled upon corhNcallon of Iho election i ordlnancu adopted by Sho electorate e amended or repented for a period of ~nths after the dots of ilia eleclivn at as adopted, and en•-erdrAer~ ~]i salad by the electorate mayy not foe ra- ~r a parted of six (8) ntonlhs after the election at which II was repealed; pro- ~evor, that any ordlnancs or council ac- ~e adapted ar amended ar repealed at ~y appropriate ratarondum or inlllatlva In accprdanco with the foregoing provi- Is arflcle, or, IFsuDmltlad to fha vlector- counclf on Its own motion. ION 3. own Council hgreby ihtds, datermines es that this ordlnancs Is necessary and flip health, safely and welfare of the dl and fha Inhabltanla thoroaT. ION 4. renal or the Yspoaf and reenactment of ton of ids Vail Municipal Codo as pm tie ordinance shall not affect any rigght accrued, any duly Impposed, any vtola- ~curred prior to rho pffecllve date hera- veocutlon commenced, nor any ether iroceedfng as commenced under or by 19 rovlslon repealed or repealed and Tile repeal of any pravlslon hereby ®vlvo an provlslon or any ordlnancs rep~alad or superseded unless ex- ~led herein. ION 5. laws, orders, resctuttons and ordinan- trts thereof, Inconalstent herewith era a ilia extant only of such Inoonsislency. ter shat[ not be conshuetl to revise any ter, resolution or ordinance, or part sretakrre re Baled. )DUCEd, READ ON FIRST READ- ROVED AND ORDERED PUBLISHED FULL, lhts 21st day of Rugusf, 2001. A ring shall rte held hereon on the 21st lust, 2001 at the regular meeting of fha Writ of the Town o1 Vali, Colorado, In pal Bufldhtgof Ihs Town. 70WN OFVAIL Ludwig Kurz a or ATTE 7: Lorelei Donaldson Town Clerk Published hl The Vall Troll an August 24, 2001 aublic Notice Pt-Af1NFNq AND VIRONMENTAL COMMI5510N UBLIG MEETING 9CMEDULE Mandoy, August 27, 2001 Put711o Hesring n GounoH Chamters - 2:04 p.m. equast for s variance from Secllon 12• Area entl She Dlmenslons"), VaU Town f a ilnal rovlew of a minor subdivision 3534 and 3838 Bdtlga Road! Lats 11 ghorn Subdivision 2nd Additfpn, rant: Gary Walls represented by Steve :litter! er: Ann Ktarulf agues[ for a vurienca from Section 12- Town Cade, 1o allow for an addition aired setbacks, located al 5122 Grouse ', Block 1, Goro Creek Subdlvlsion. :ant: John Kuchar represented by Da- sr: Alllsalt Ochs equast for o final ruview entl a recom- i l0 1ho Vali Tawn Council on a pro- endment 1o rho Vall Land Use Plan to ~ change Ironr a "Coto Denslly Rasldsn- asp category ro an "Open Space"land cry, located al 52Ufi•5215 Black Gore 1-7 and Lot t2, Vall Meadows Filing 2; post for a ilnal rovlew and n recammen- Ito Vafl Town Cnuncll nn a proposed re- rm Aggrlcultura and Open Space" to tree Presevatfon plslrlct;' located ai t Black Gore Ddve7Lots 1-4, Vall Maad- 2. 7an$ Tawn o1 Vail ter: Brent Wilson 'equast far a ilnal rovlew and a recom• t to Fhe Vail Town Cnuncll on a pro- iendmant to iha Vall Laad Uso Plan to r change from a "Low Denelly Raslden~ use category to an "Open Space" land gory, lore sd at 3860 and 3896 Lupine 15 ~ 16, B#ghorn Subdlvlsion Second and a request for a final review and a tdallan to the Vall Town CounclE on a rezoning from "Tyvo•Famiiy Primaryl y Resldantial" io "Natural Area Preser- :triot located at 3880 Lupine DrlvelLof rn Subdivision Second Addition; and a rr a ilnal review and a recammendatlon I Tawn Caundl on a proposed rezoning 9cullure and Opan Space !o "Natural sarvatlon Dlslrlol" located et 3896 Lu- elLot 16, Bighorn Subdivision Second cent: Town o1 Vall tor; Brant Wilson request for a final rovlew and recom- 1 to the Vnll Town Councf4 on proposed 3ping" amendments andrnr aorrecllons I, Vall Town Code l"Sign Regulatlons"), Jail Town Gode ("Zoning Regulations"), Vail Town Code {"Subdlvlsion Regula• td Ti11e 14, Vnll Town Codo {"Dsvelop- ldards"I, and seltirtg forth details fn re- cto. A dotalled description of Ilia pro- d autendmenls is available rd Ilia De- vf Community Dwvlopment. East/Nfest Meadow Drive, Vail V#Ilage. A pllcant: Town of Vakl PPanner: George Ruher TABLED UNTIL SEPTEMBER 10, 2001 8. A request for a final review and recom- mendation to the Town Council !or the adopption of two view corrltlors within Lionshead, as Identi- tietl within the Lionshead Redevelopment Master Plan. View Corridor 1 is located approximately a[ the main pedestrian exit looking souNtwest to- wards the Gondola fit line. View Corridor 2 is lo• cared approximately Irom the pedestrian plaza at the east entl at the Liffhouse Lodge looking south up Iho Gondola Iltt line. A more specific legal de• script€on of ilia two view corridors is on file at the Community Development Department. A pllcant. Town of VaA PPanner Allison Ochs TABLED UNTIL SEPTEMBER 10, 2001 9. Approval of August 13, 2008 mEnutes 10. Information Update Tha applications and information about the roposals are available for public inspection dur- Png regular office hours in the project planner's of- lica located at the Town of Vall Community De- velopment Department, 75 South Frontagge Road. Ths publln Is invited to attend prpjoct orlantation and rho site visits that precede the public hearing in fha Town at Vall Community Development De- partment. Please call 479-2135 for intormallon. Sign language interpretation available upon re- quest with 24•hour notification. Please call 479- 235fi, Telephone for the Hearing Impaired, for in- lormation. TOWN DF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT Published 1n The Vail Trail on August 24, 2001 Public Notice NOTICE IS HEREBY GIVEN that the Plain Wing and Envlranmamal Commission of flip Town of Vall wild hold a public hearing In accordance with Secllon 12-&6 of the Municipal Code of the Town o1 Vail on September 10, 2001, at 2:00 p.m. In ilia Town of Vall Municipal Building. In considoratlon of: A request for a text amendment to the Public Acoommodatlon zone district to allow for fha ad- ditlan pi automotive service stations Swlth acces- sory "convonlonce" rotallt as a coedit oral use; a requeaF for a rezoning from "Heavy Service" to "Public Accommodation" zone district; a request for iha establishment of a special development district; a request for a conditicnat use permit to allow for the operation of an automotive service station (with accessory "convenience" retail); a request far a conditional use Parrott tp allow for fha conslruchon of a fractional fee unit club; and a request far a conditional use permit to allow for ilia construction of III employee housingg units, located at 28 S. rontage Road 1 Lot A, Vall Village Second Filing. Applicant: Alpine Ventures, reprasenrotl by Fritzlen Plarca Architects Planner. Brent Wilson A request for a conditional use permit to al- low for the construction of a shed at rho rear of the schovlhause located at 540 Vail Valley DrivelPart of Tract A, Vail Village 7th Filing. Applicant: Vail Afplne Garden Foundation, represented by Ry Southard Planner: Ann KJerulf A request for a major subdivision, a request to amend fha Vail Land Use Plan to change iha deslgnatlon from "Open Space" to "High Density Resldantal", entl a request for a rezoning from "Natural Area Preservation District" to "Housing Zone District" to allow for the development of em- playee housing at the site known as Mountain Ball, located on an unplatted piece of property at 160 North Frontage Rosd. A complete metes and bounds legal description is available at the De- partment of Communtty Development. Applicant: Town of Vail Hauling Aulhorlly represented by Odell Architects Planner. Allison Ochs A inquest for a rezoning from "Special De- veto~tment District No. 10" to "Housing Zona Dis- Irlct located al Timber Ridgge Village. 1284 North Frontage Road WesVLols C-1 through G-5, Lion srldgs Filing No. 1. Applicant: Town of Vail Planner: Allison Ochs A request for a final review and a rpcomman- daticn to the Vafl Town Council on proposed revi- sions to Title 14 ("Development Standards"), Vail Town Cotle, regarding the use of alternate build- ing materials within the Town of Vail, and setting forth details in regard thereto. A pllcant: Town of Vail PPanner: Bill Gibson A request for a final rovlew and a recommen- dation to the Vail Town Council on the Town of Veil's proposed amendment to fha Town of Vaif Streatscape Master Plan, located at Eas[NJest Meadow i)rlve, Vail Village. A pllcant Town of Veil PPanner. George Bother A request for a final review and recomman• define to ilia Town Council for ilia adoption of two ulew corridors within Lionshead, as Identitisd within the Lionshead Redevelopment Master Plan. View Corridor f is located apprpxlmately at His main pedestrian exit looking soulhwast tp- wards the Oondola Iltt line. View Gonldor 2 Is lo- cated approximately from the pedestrian plaza at Ilia east end of the Lllthouse Lodge looking south up fha Gondola lift line. A more specifc legal de- scription of the two view corridors is on file at fha Community Development Department. A pllcant: Tpwn of Vail PPanner: Allison Ochs The applications and Information about the roposals are available for public inspac~on dur- Png regular office hours in the project planner's oi• lice located al iha Town of Vail Community De- velopmanl Deppartment, 75 South Front~gga Road. The public is Invited to attend project orientation and fha site visits that precede the public hearing In the Town of Va[I Community Development De- parlment. Please ca#I 479-2138 for information. Sign language interpretation available upon re- quest with 24-hour notlficaHon. Please call 479- 2356, Telephone 4or the Hearing impaired, for in- formation. AN pRDJNANCE AUTHORIZING THE CONVEYANCE OF AN EAS£MENTT07H£ BOOTH FALLS HOMEOWNERS ASSOClATfON TO CONSTRUCT A ROCK FALL METIGATION WALL ON A PORTION OF PARCEL F,VAIL VILLAGE 12TH FILING OWNED BY THE TOWN DF VAIL AND,. MORE FULLY DESCRfBED AS FOLLOWS: A parcel of land North vt and adjacent to a part o! Lot 1, Block 2 Vail Village Twelfth Filing, County df Eagle, State of Colorado more particu- larlydescribed as: Beginning a1 the Northeast Corner of sold Lot 1; thence N89 degrees 24'12" W 42.85 Fee[ to a point on Lha Northerly Boundary of sold Lvt 1, which is fha TRUE POINT OF BEGINNING; thence N00 degrees 18'14" E 150.00 feet; thence N89 degrees 24'13" W 534.12 feet; thence S00 degrees 18'14" W 150.00 feet to the Northwest erlY Corner oS sold Lot 1; thence 569 deggrees 2413" E 534.72 feet along fha Northerly Boun- dary o1 said Lot t and along the sweet-West Cen- terline of said Section 2 [o fha TRUE POINT OF BEGINNING. WHEREAS, flip Tpwn of Vail is rho owner of certain pproperty known as a the Portion of Parcel F, Vail Village 12th Filing. WHEREAS, this property was acquired by fha Town of Vafl from the U.S. Forest Service through a Land Exchange without deed restric- tion concerning use oc transfer; and WHEREAS iha property located ort 3094 Booth Falls Road is located in a severe rocktall hazard and there has been s history of rocktall damage to that property. WHEREAS the creation of a rocktall mitiga- tion wall is critical to help protect the safety o11hp inhabitants of 309a Booth Falls Rvad and to re- duce the risk of property damage to that property. WHEREAS ilia State of Colorado Geological Survey has provided a tatter which concludes that this wall is "an axcelleni design" and "will provide rocktall protacNon for the Booth Falls Town Homes; WHEREAS the Town of Vail Design Review Board approved the design on August 15th, 2001, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL THE TOWN OF VAIL, COLORADO that: 5ECTiDN 1. Tha Town Council hereby approves an aasa- ment on the property for the purpose of con- structing a Rockfall Mitigation Watl. SECTION 2. Tho Town Manager is hereby authorized and directed to execute an easement with the Booth Falls Homeowners Assaciatron to allow the con- structlon of said wall on a ponion of Parcel F, Vail VNlaga 12th Filing. SEC710N 3. If any parF, section, subsection, ssntance, clause or phrase o1 this ordinance €s For any me- son held to be'Invalld, such decisidn shall not af- fect the validity of ilia remaining portions of this ordinance; and Ihs Town Council hereby de- clares i1 would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any nee or more parts, sections, subsactlons, senten- ces, clauses or phrases be declared invalid. SECTION 4. The repeal or the repeal and reenactment of any provision of the Municipal Coda of the Town of Vail as provided in this ordinance shalt not af- fect any right which has accrued, any duly im- posed, any violation that occurred prior to fha et• tectivp date hereof, any prasecutlon commenced, nor any other action or proceedings as com- mancatl antler or by virtue of the provision re- pealed or repealed and reenacted. Tha repeal of any provision hereby shall not rovlvs any provi- sion or any ordinance praviousfy repealed or su• persedetl unless expressly stated herein. SECTION 5. All bylaws, orders, resplutions, and ordinan- ces, or parts thereof, inconsistent herewith are ropealad to the extend onlyy of such Inconsisten- cy. This repealer shelf not be construed to revise any bylaw, order, resolution, or ordinance, or pert thereof; theretofore repealed. INTRODUCED, READ, APPROVED AND OflDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of August, 2001, and a public hearing for second reading of this Ordinance Is set far the 4th day of September, 2004 a1 7:00 p.m. in the Council Chambers of the Vakl Municipal Bui3ding, Vail, Colorado. TOWN OF VAIL Ludwig Kurz Ma or arr~~`T: Lorelei Donaldson Town Clerk Published in The Vai! Trail vn August 24, 2001 Public Notice ORDINANCE NO. t9 Series of 2001 AN ORDINANCE AMENDINGTHETOWN COD@,SiTLE 12, CHAPTER 6, ARTICLE I, HOUSING H DISTRICT;AMENDINGTITLE 12, CHAPT~F~ 2, SECTION 2, DEFFNITIONS; AMENDING T{TLE 12, CHAPTEii 13, 5ECTtON 3, GENERAL REQUIREMENTS, AND SECTION 4, REQUIREMENTS BY EMPLOYEE HOUSING UNITTYPE; AND SETTING FORTH DETAILS IN REGARDTHERETO. WHEREAS, the Planning and Environmental Commission of ilia Town of Vall has held public hearings on flip proposed amendments in ac- cordance with fha provisions of the Town Gode of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommend- ed approval of these amendments at its August 13, 2001, meetingg and has submitted its recom- mendation to the Vall Tawn Council; entl WHERt=AS, the Planning and Environmental Commissicn finds that fha prappsed amend- ments further the development objectives of ilia Town of Vail; and NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL QF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. The purpose of this ordinance is to adapt amentlments to the Housing Zono District, which is intended to provide for adequate sites for em- ployee housing, which, becausQ of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards of other residential zoning districts; and to amend the regulations spaclticallyy reggard- ing employyee housing as it pertains to the Hous- ing Zone District. SECTION 2. Title 12, Chapter 6, Article I. Housing District, shall be amended as follows: Text which Is to be deleted is indicated as Tax1 which is to be added is indicated as hold.} ARTiGLE I. HOUSING (H) DISTRICT SECTION: 12-61-1: Purpose 12-61-2: Permitted Uses 12-61.3: Conditional Uses 12-61-4: Accessory Usss 12-61-5: Setbacks 12-61-6: Site Coverage 12-61-7: Landscaping and Site Development 12.61-8: Parking and Lgading 12-e1-9: Location of Business Activity 12-61-10: Other Development Standards 12-61-11: Development Plan Required 12.61-i2: Dev®lopment Plan Contents 12-61-13: Development 5tandardslCriteria for Evaluatfvn 12-61-1: PURPOSE: The Housing District is intended to provide adequate sites for Heed--raeFrieieA employee housing which, because of rite nature end char- acteristics of employee housing, cannot bo ads- quately regulated by the development standards prescribed for other resldentfal zoning districts. It is necessary fn this district to provide develop- ment standards specifically prescrbed for each development proposal or protect to achieve fha purposes prescri pd In Seaton 12.1-2 of this Ti- tle and to provide for Ihs public welfare. Certain nonresidential uses ere a1[owed as conditional uses, which are Imsnded to be incidental and secondary to the residential uses of Ihs Dlatrlct. The Housing District is intended to ensure that employee housing permitted in the Dfstdct Is ap- prapriately located and designed to meet the needs of residents of Vail, to harmonize with sur- rounding uses, and to ensure adequate Ilght, air, open spaces, and other amenities appropriate to fha allowed types of uses. 12-61-2: PEFiMITTED USES: Tha following uses shall ba permitted In the H District: ' Dead restrlctetl employee housing units, as further deacrlbed In C ap[pr 12.13 of title Ti- tle. Palsies pu[docr recreation areas, and open space. Pedestrian and bike paths. 12-61-3: CONDITIONAL USES: r3erleraNyl The folfowln~ conditional uses shall be permitted in the H DlsirlcL su6jad to is- suance of a conditional use permit in accordance with ilia provisions of Chapter 16 of this Title: Commercial uses which ere secondary and incidental (as determinsd by the Planning and Environmental Commisslon } to fha use of deeA '.~~: J employee healing and sppeacificallyy ~sarving the needs aF the residents of ths.davep apment, and developed In conjuncllon with Ffeee reetriatee employee housing, in which case fha following uses may ba allowed subject to a condi- tlartal use permit: Banks and financial Institutions. Eating and drinking establishments. Hea#[h clubs. Personal services, Including but not Ifmlted to, laundromats, beautyy and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units not employee housing units) Subject to the follow ng criteria to be evaluated by fha Planning and Environmental Commisslon: A. Dwelling units are created solely for the purpose pf subsidizing employee housing on rho property and, B. bwelEing units are not fha primary use of She property. Tha GRFA for dwelling units shall not exceed 30% of the total GRFA constructed on the property and, Dwelling units are only created in conqunc- tion with deeNiaeErtsted employee housing and, Owetling units are compatible with Rte pro- posed uses and buildings on the site and are compafittle with buildings and uses on adjacent properties. Outdoor patios Public and private schooVs and educational Irstitutions, including day-care tacililies. Aublic buildings and grounds. Public parks. Public utilities installations Including trans- mission lines and appurtenant equipment. Type Vl employes housing unite, as fur- ther regulated by Chapter 12.13 of thisTitle. 12-61-4: ACCESSORY USES: Fha following accessory uses shall be par mided In the H District: Home occupations, subject to issuance of a home occupation permit in accordance with the proV1Sipna of SOCtfOn 12.14-i2 of this Title. Minor Arcades Private greenhouses, roof shads, playhous- es, attached garages or carports, swimming pools, or recreation lacliitias customarily inciden- tal to permitted resldentfal uses. Other uses customarily Incidental and acces- sory to permuted or condihonal uses, and nerss- sary for the operation thereof. 12-61-5: SETBACKS: The Setbacks in this district shall be 20'tram the perimeter cf the zone district. At the dlscra- tion of ihp Planning and Environmental Commis• sloe, varlatipns to the setback afandards may ba approved during the review of a development p an subject to fha applicant demonstrating cam- pllancewith ilia following criteria: Proposed building sstpacks provide neces- sary separation between buildings and riparlen areas, geologically sensitive areas and other en- vironmentally sensl[Ive areas. Proposed building setbacks will provide ade- quate ava3labilily of light, air end open space. Proposed building setbacks will provide a compatible rvlafivnship with buildings and alas on adjacent properties. 'I'r3E V.4~;!_ TFiA1L, / ALJGCJS'I' 24'-3®,