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HomeMy WebLinkAbout2020-03PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2020, First Reading, on the Town of Vail's web site, www.vailaov.com, on the 8t" day of June, 2020. Witness my hand and seal this 8t" day of June, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 3 SERIES OF 2020 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF TRACT C, LOT 1, LOT 2, AND LOT 3 VAIL DAS SCHONE FILING NO. 1 AND LOT 1, VAIL DAS SCHONE FILING 3; THE REZONING WILL CHANGE THE ZONE DISTRICT FROM COMMERCIAL CORE 3 (CC3) TO THE PUBLIC ACCOMMODATION 2 (PA-2) DISTRICT WHEREAS, the Town of Vail, in the Countyof Eagle and State of Colorado (the "Town"), is a home rule Town duly existing underthe Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, on August 7, 1973, the Town adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations; WHEREAS, on April 13, 2020 the Town's Planning and Environmental Commission (the "PEC") held a public hearing on the zone district boundary amendment to rezone the property described and depicted in ExhibitA. attached hereto and made a part hereof by this reference from Commercial Core 3 to Public Accommodation 2; WHEREAS, on April 13, 2020 the PEC forwarded a recommendation of approval to the Council forthe zone district boundary amendment; WHEREAS, the 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; WHEREAS, the Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Town's zoning regulations; and WHEREAS, the 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 environ ment and its established character as a resort and residential community of the highestquality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Ordinance No. 3, Series 2020 -1- Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: Commercial Core 3 (CC3) District to the Public Accommodation 2 (PA-2) District Section 2. 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 zone district boundary 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; b. The zone district boundary amendment is compatible with and suitable to adjacent usesand appropriate forthe surrounding areas; c. The zone district boundary amendment promotes the health,safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the town in a mannerthat conserves and enhances its natural environ mentand its established character as a resort and residential community of the highestquality; and d. This ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance isforany reason held to be invalid, such decision shall noteffectthe validityof the remaining portions of this ordinance; and the Council herebydeclares 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 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 thatoccurred prior to the effectivedate hereof, anyprosecution 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 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistentherewith arerepealed to the extentonlyof such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution orordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of April, 2020, and a Ordinance No. 3, Series 2020 -2- public hearing for second reading of this Ordinanceset forth 2nd day of June, 2020 in the Council Chambers of the VaiI Municipal Build ing,VaiI,Colorado. Dave Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16t" day of June, 2020. Dave Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk Ordinance No. 3, Series 2020 -3- Exhibit A Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1 and Lot 1, Vail Das Schone Filing 3, to be rezoned from Commercial Core 3 (CC3) District to the Public Accommodation 2 (PA-2) District. Zone District Amendment Proposal Highline DoubleTree 2211 North Frontage Road West 9 50 too 20Q 4, }p p Ordinance No. 3, Series 2020 -4- PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2020, Second Reading, on the Town of Vail's web site, www.vailaov.com, on the 18t" day of June, 2020. Witness my hand and seal this 18t" day of June, 2020. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 3 SERIES OF 2020 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF TRACT C, LOT 1, LOT 2, AND LOT 3 VAIL DAS SCHONE FILING NO. 1 AND LOT 1, VAIL DAS SCHONE FILING 3; THE REZONING WILL CHANGE THE ZONE DISTRICT FROM COMMERCIAL CORE 3 (CC3) TO THE PUBLIC ACCOMMODATION 2 (PA-2) DISTRICT WHEREAS, the Town of Vail, in the Countyof Eagle and State of Colorado (the "Town"), is a home rule Town duly existing underthe Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, on August 7, 1973, the Town adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations; WHEREAS, on April 13, 2020 the Town's Planning and Environmental Commission (the "PEC") held a public hearing on the zone district boundary amendment to rezone the property described and depicted in ExhibitA. attached hereto and made a part hereof by this reference from Commercial Core 3 to Public Accommodation 2; WHEREAS, on April 13, 2020 the PEC forwarded a recommendation of approval to the Council forthe zone district boundary amendment; WHEREAS, the 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; WHEREAS, the Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Town's zoning regulations; and WHEREAS, the 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 environ ment and its established character as a resort and residential community of the highestquality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Ordinance No. 3, Series 2020 -1- Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: Commercial Core 3 (CC3) District to the Public Accommodation 2 (PA-2) District Section 2. 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 zone district boundary 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; b. The zone district boundary amendment is compatible with and suitable to adjacent usesand appropriate forthe surrounding areas; c. The zone district boundary amendment promotes the health,safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the town in a mannerthat conserves and enhances its natural environ mentand its established character as a resort and residential community of the highestquality; and d. This ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance isforany reason held to be invalid, such decision shall noteffectthe validityof the remaining portions of this ordinance; and the Council herebydeclares 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 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 thatoccurred prior to the effectivedate hereof, anyprosecution 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 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistentherewith arerepealed to the extentonlyof such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution orordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of April, 2020, and a Ordinance No. 3, Series 2020 -2- public hearing for second reading of this Ordinanceset forth 2nd day of June, 2020 in the Council Chambers of the VaiI Municipal Build ing,VaiI,Colorado. Dave Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16t" day of June, 2020. Dave Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk Ordinance No. 3, Series 2020 -3- Exhibit A Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1 and Lot 1, Vail Das Schone Filing 3, to be rezoned from Commercial Core 3 (CC3) District to the Public Accommodation 2 (PA-2) District. Zone District Amendment Proposal Highline DoubleTree 2211 North Frontage Road West 9 50 too 20Q 4, }p p Ordinance No. 3, Series 2020 -4-