HomeMy WebLinkAbout2018-13 A Prescribed Regulation Amendment Pursuant to Section 12-3-7 Amendment, to Amend Section 12-10-16 Exempt Areas; Parking Fund EstablishedORDINANCE NO. 13
SERIES OF 2018
AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT
TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-
10-16 EXEMPT AREAS; PARKING FUND ESTABLISHED, VAIL TOWN CODE, TO
REMOVE 1A, LOT 2A, TRACT K, TRACT L AND TRACT M OF A RESUBDIVISION
OF VAIL LIONSHEAD, BLOCK 1, FROM THE "PARKING PAY -IN -LIEU" ZONES
FOR PARKING REGULATIONS PURPOSES, 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");
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, Ordinance No. 30, Series of 1982 adopted parking fee rates for
various uses within the Town;
WHEREAS, Ordinance No. 4, Series of 2001 amended the Town's "parking
pay -in -lieu" policy to be consistent with master plan goals and objectives;
WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental
Commission held a public hearing on the prescribed regulation amendment to remove
1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1,
from the "parking pay -in -lieu" zones for parking regulations purposes;
WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town
Council for the prescribed regulation amendment;
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;
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
Ordinance No. 13, Series 2018
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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 remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail
Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations
purposes, as further described in Exhibit A.
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/Lionshead, First Filing, a Resubdivision of a Part of Lots 1,2,3 and Tract E, Block
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 7, 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.
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.
Ordinance No. 13, Series 2018
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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 7th day of August, 2018, and a
public hearing for second reading of this Ordinance set for the 21st day of August, 2018,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
2u. --Nt
Patty, ny, Town • erk
READ AND APPROVED ON SECOND RE. P ING D • RDEED PUBLISHED
this 21st day of August, 2018.
ATTEST:
J\kc-
ave Chas'n,
Pa enny, To Clerk
Ordinance No. 13, Series 2018
Exhibit A
Parcels to be removed from the "parking pay -in -lieu" zones for parking regulations purposes
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Ordinance No. 13, Series 2018
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