Loading...
HomeMy WebLinkAbout2017-07PROOF 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. 7, Series of 2017, First Reading, on the Town of Vail's web site, www.vailqov.com, on the 12t" day of July, 2017. Witness my hand and seal this 12t" day of July, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 7 SERIES OF 2017 AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION12- 10-19 CORE AREAS IDENTIFIED, VAIL TOWN CODE, TO INCLUDE LOT F-1, VAIL VILLAGE SECOND FILING, LOT E AND LOT F, LOT 2E, VAIL LIONSHEAD SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2 IN THE COMMERCIAL CORE AREA FOR PARKING REGULATIONS PURPOSES, LOCATED AT 250 SOUTH FRONTAGE ROAD WEST/LOT F-1, VAIL VILLAGE SECOND FILING, 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 Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); and, WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and, WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; and, WHEREAS, the 1999 parking analysis prepared by Felsburg, Holt, and Ulveg, the Town's parking consultants, determined that when synergies existing in the demand for parking that there is a reduction in the need when compared to areas without the identified synergies; and, WHEREAS, Ordinance No. 9, Series of 2000 adopted off-street parking requirements for properties within the Town's Commercial Core Areas and created maps identifying those properties within the Commercial Core Areas; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission held a public hearing on the prescribed regulation amendment to include Lot F-1, Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2 in the Commercial Core Areas designation; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the prescribed regulation amendment; and, WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, Ordinance No. 7, Series 2017 -1- WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes 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. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following prescribed regulation amendment to include Lot F-1, Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, as further described in Exhibit A, in the Commercial Core Area. Section 2. Condition Precedent The prescribed regulation amendment set forth in Section 1 hereof shall take effect on the date that the Final Plat for Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, creating Lot F-1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat referenced above has not been properly recorded by August 1, 2020, the prescribed regulation amendment set forth in Section 1 hereof shall not take effect. Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The prescribed regulation amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and, b. The prescribed regulation amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The prescribed regulation amendment promotes the health, safety, morals, and general welfare of the town and promotes 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, d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ordinance No. 7, Series 2017 -2- Section 4. 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 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 11t" day of July, 2017, and a public hearing for second reading of this Ordinance set for the 1st day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of August, 2017. Dave Chapin, Mayor Ordinance No. 7, Series 2017 -3- ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series 2017 -4- Exhibit A FINAL PLAT VAIL VILLAGE, SECOND FILING, LOT E AND LOT F LOT .2E, VAIL/LIONSHEAD, SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2 TOWN OF VAIL. COUNTY OF EAGLE, STATE OF COLORADO �' c nor sx }�e`h iJ� �`" '�?� � ��''�_' •`. rn „. 1 wi nua Ordinance No. 7, Series 2017 `J�'tl �IBSC•. nm on i� '� ma aniuMc -5- 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. 7, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 2nd day of August, 2017. Witness my hand and seal this 2nd day of August, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 7 SERIES OF 2017 AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION12- 10-19 CORE AREAS IDENTIFIED, VAIL TOWN CODE, TO INCLUDE LOT F-1, VAIL VILLAGE SECOND FILING, LOT E AND LOT F, LOT 2E, VAIL LIONSHEAD SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2 IN THE COMMERCIAL CORE AREA FOR PARKING REGULATIONS PURPOSES, LOCATED AT 250 SOUTH FRONTAGE ROAD WEST/LOT F-1, VAIL VILLAGE SECOND FILING, 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 Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); and, WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and, WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; and, WHEREAS, the 1999 parking analysis prepared by Felsburg, Holt, and Ulveg, the Town's parking consultants, determined that when synergies existing in the demand for parking that there is a reduction in the need when compared to areas without the identified synergies; and, WHEREAS, Ordinance No. 9, Series of 2000 adopted off-street parking requirements for properties within the Town's Commercial Core Areas and created maps identifying those properties within the Commercial Core Areas; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission held a public hearing on the prescribed regulation amendment to include Lot F-1, Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2 in the Commercial Core Areas designation; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the prescribed regulation amendment; and, WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, Ordinance No. 7, Series 2017 -1- WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes 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. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following prescribed regulation amendment to include Lot F-1, Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, as further described in Exhibit A, in the Commercial Core Area. Section 2. Condition Precedent The prescribed regulation amendment set forth in Section 1 hereof shall take effect on the date that the Final Plat for Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, creating Lot F-1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat referenced above has not been properly recorded by August 1, 2020, the prescribed regulation amendment set forth in Section 1 hereof shall not take effect. Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The prescribed regulation amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and, b. The prescribed regulation amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The prescribed regulation amendment promotes the health, safety, morals, and general welfare of the town and promotes 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, d. This ordinance is necessary and proper for the health, safety and welfare of Ordinance No. 7, Series 2017 -2- the Town of Vail and the inhabitants thereof. Section 4. 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 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 11t" day of July, 2017, and a public hearing for second reading of this Ordinance set for the 1st day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of August, 2017. Ordinance No. 7, Series 2017 -3- Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series 2017 -4- LOT 2E, Exhibit A FINAL PLAT VAIL VILLAGE, SECOND FILING, LOT E AND LOT F VAIL/LIONSHEAD, SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2 TOWN OF VAIL. COUNTY OF EAGLE, STATE OF COLORADO .4 o "ht - Me .0t Z-22 wl�'. I == I Ordinance No. 7, Series 2017 -5-