HomeMy WebLinkAbout2018-14 Amending Section 12-3-7 to Modify the Zoning for Commercial Ski Storage/Ski CLubORDINANCE NO. 14
SERIES OF 2018
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 the Town's Zoning Regulations;
WHEREAS, it is necessary to amend the definition of Commercial Ski Storage/Ski
Club to more accurately describe what activities do not fall within its definition while
maintaining the success of existing and future businesses within the Town of Vail ;
WHEREAS, the Town Council is committed to clarifying when ski operations pertaining
to a lodge or dwelling unit are considered Commercial Ski Storage/Ski Club;
WHEREAS, the Community Development Department is committed to making the
Town Code easily understood;
WHEREAS, from time to time is it necessary and prudent to update the Town Code;
and
WHEREAS, on July 23, 2018, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town Council
for the amendment.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows
(text that is to be added is bold):
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots
and poles) and/or clothing used in skiing related sports, which is available to the public or
members, operated by a business, club or government organization, and where a fee is
charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does
not require, the following components:
A. Personal lockers,
B. Boot dryers,
C. Ski storage racks,
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D. Ski tuning,
E. Food and beverage service,
F. Areas for congregation and/or socializing,
G. Restrooms and/or shower facilities,
H. Nonwinter activities,
I. Concierge ski services,
J. Retail sales,
K. Business center.
Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is
located within the lodge or dwelling unit, is not considered commercial ski storage/ski
club.
The following activities, when accessory to a retail operation, shall not be considered
commercial ski storage/ski club:
A. The outdoor display of skis or skiing related equipment that is available for
sale, available for rent, rented or recently serviced. Outdoor display is
subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF
GOODS.
B. The storage, on levels other than the basement or garden level, of skis or
skiing related equipment that is available for sale, available for rent, rented or
recently serviced.
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 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;
b. The amendments further the general and specific purposes of the Zoning
Regulations; and,
c. The amendments promote the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
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conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality.
d. This ordinance is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
Section 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.
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 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:
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON SECOND AND FINAL READING this 21st day of August 2018„ in the Council
Ordinance No. 14, Series 2018
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Chambers of the Vail Municipal Building, Vail
ATTEST:
Patty
Ordinance No. 14, Series 2018
S. 41
LAS ' ■
•ave Chapin, Mays!
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