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HomeMy WebLinkAbout2012-06PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 5th day of April, 2012. Witness my hand and seal this J day of ,, ,, 1 c Tammy el Town of Vail Depu Clerk (seal) SEAL i , 2012. ORDINANCE NO. 6 SERIES OF 2012 ORDINANCE NO. 6, SERIES OF 2012, AN ORDINANCE AMENDING SECTION 12- 71-1-3, PERMITTEDAND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL, ADDING "TEMPORARY BUSINESS OFFICE" AS A CONDITIONAL USE IN THE LIONSHEAD MIXED USE 1 DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, the Vail Town Council found that the redevelopment of Lionshead would cause the displacement of business offices: and WHEREAS, the Vail Town Council found that the preservation of business offices within the town was necessary to maintain established community qualities and economic values and prevent their relocation outside of the town; and WHEREAS, the Vail Town Council adopted Ordinance No. 26, Series of 2004, on November 16, 2004, which established "temporary business office" as a conditional use in the Lionshead Mixed Use 1 District and created a definition for the land use in order to maintain business offices within the town on a temporary basis; and WHEREAS, Ordinance No. 26, Series of 2004, contained a provision in Section 2 causing the Ordinance to become null and void and the temporary business office to cease being a conditional use on December 31, 2008; and WHEREAS, the Vail Town Council adopted Ordinance No. 22, Series of 2007, on August 7, 2007, which amended the definition for temporary business office and established use specific criteria and standards for the land use within Chapter 16, Ordinance No. 6, Series of 2012 Conditional Use Permits, Vail Town Code; and WHEREAS, Section 12-2-2 Definitions of Words, Vail Town Code, defines a temporary business office as, "An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the town of Vail due to redevelopment construction activities." WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its March 5, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. Ordinance No. 6, Series of 2012 N NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to reestablish temporary business office as a conditional use within the Lionshead Mixed Use 1 District. (Text that is to be deleted is stFiGkeR. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 12-7H-3 (in part) is hereby amended as follows: 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure, Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Ordinance No. 6, Series of 2012 3 Multiple -family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Temporary business offices. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 3. If 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 fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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. Ordinance No. 6, Series of 2012 4 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3`d day of April, 2012, and a public hearing for second reading of this Ordinance set for the 17th day of April, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series of 2012 5 Andrew P. Daly, Mayor ORDINANCE NO. 3 SERIES OF 2012 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2012 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2012 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2011, adopting the 2012 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2012 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 188,950 Capital Projects Fund 9,917,904 Real Estate Transfer Tax Fund 14,241,661 Conference Center Fund 8,885,000 Dispatch Services Fund 133,159 Heavy Equipment Fund 330,000 Total $33,696,674 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each Ordinance No. 3, Series of 2012 e 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. 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 Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2012, and a public hearing shall be held on this Ordinance on r_.. _r h_r:l 'lnd') -4 aL. ,. .-.-...I-.. ...-.-.a:.... ,.t iL. -. T....... r`I _; ♦k— T......, —f \/-,:I ' I : • 0120 eyWe1�] STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3 Series of 2012, on the Town of Vail's web site, www.vailqov.com, on the 18t" day of April, 2012. Witness my hand and seal this �g+� day of2012. PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 18t" day of April, 2012. Witness my hand and seal this day of , 2012. C Taff y gel - Town of Vail I>eputy Cie r (seal) C '': ORDINANCE NO. 6 SERIES OF 2012 ORDINANCE NO. 6, SERIES OF 2012, AN ORDINANCE AMENDING SECTION 12- 7H-3, PERMITTED AND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL, ADDING "TEMPORARY BUSINESS OFFICE" AS A CONDITIONAL USE IN THE LIONSHEAD MIXED USE 1 DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, the Vail Town Council found that the redevelopment of Lionshead would cause the displacement of business offices: and WHEREAS, the Vail Town Council found that the preservation of business offices within the town was necessary to maintain established community qualities and economic values and prevent their relocation outside of the town; and WHEREAS, the Vail Town Council adopted Ordinance No. 26, Series of 2004, on November 16, 2004, which established "temporary business office" as a conditional use in the Lionshead Mixed Use 1 District and created a definition for the land use in order to maintain business offices within the town on a temporary basis; and WHEREAS, Ordinance No. 26, Series of 2004, contained a provision in Section 2 causing the Ordinance to become null and void and the temporary business office to cease being a conditional use on December 31, 2008; and WHEREAS, the Vail Town Council adopted Ordinance No. 22, Series of 2007, on August 7, 2007, which amended the definition for temporary business office and established use specific criteria and standards for the land use within Chapter 16, Ordinance No. 6, Series of 2012 Conditional Use Permits, Vail Town Code; and WHEREAS, Section 12-2-2 Definitions of Words, Vail Town Code, defines a temporary business office as, "An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the town of Vail due to redevelopment construction activities." WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its March 5, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. Ordinance No. 6, Series of 2012 2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to reestablish temporary business office as a conditional use within the Lionshead Mixed Use 1 District. (Text that is to be deleted is StFiGkeR. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 12-7H-3 (in part) is hereby amended as follows: 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Ordinance No. 6, Series of 2012 3 •. A 1 Multiple -family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Temporary business offices. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 3. If 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 fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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. Ordinance No. 6, Series of 2012 11 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2012, and a public hearing for second reading of this Ordinance set for the 171h day of April, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 17th day of April, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series of 2012