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HomeMy WebLinkAbout1990-32 WITHDRAWN Designating an Underlying Zone District of Public Accommodation to All of Lot 4 and Lot 7, Block 1, Vail/Lionshead Third Filing.. . ORDINAN;~~TO, 32 Series of 1990 AN ORDINANCE DESIGNATING AN UNDERLYING ZONE DISTRICT OF PUBLIC ACCOMMODATION TO ALL OF LOT 4 AND LOT 7, BLOCK 1, VAIL/LIONSHEAD TIiIRD FILING, A SUBDIVISION RECORDED TN BOOK 221 AT PAGE 992 OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER'S RECORDS, PART OF LOT C, MORCUS SUBDIVISION, A SUBDIVISION RECORDED IN BOOK 255, AT PAGE 70 OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER'S RECORDS AND AN UNDERLYING ZONE DISTRICT OF HIGH DENSITY MULTIPLE FAMILY TO ALL OF LOT D AND A PART OF LOT C, MORCUS SUBDIVISION, A SUBDIVISION RECORDED IN BOOK 255 AT PAGE 70 OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER'S RECORDS TO SPECIAL DEVELOPMENT DISTRICT NO. 7, COMMONLY REFERRED TO AS THE MARRIOT`I' MARK RESORT; AND SET'i'TNG FORTH DETAILS TN REGARD 7.'HERE`i'O. WHEREAS, the existing Special Development District No. 7, Marriott Mark located on Lots 4, 7, C, D, Block 1, Vail-Lionshead 3rd Filing does not indicate a specific underlying zone district for the purposes of establishing uses and activities for the. Special Development District; and WHEREAS, the application has been made by the MK Corporation, Mark Lodge Condominiums, and Mark Resort and Tennis Club to apply underlying zone districts to Special Development District No. 7; and WHEREAS, the Planning and Environmental Commission hau expressed their desire to clarify the underlying zone district fox Special Development District No. 7; and WHEREAS, the appJ.icatinn of the High Density Multi-fama.ly zone district as underlying zoning to the Special Development District No. 7 will allow the applicant to request the timeshare use for Trace 1 as described in Exhibit A; and WHEREAS, the application of High Density Multi-Family as underlying zoning corresponds with the original zoning for Tract 1 as described in Exhibit A; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission on August 27, 1990, held a public hearing on the proposed zoning amendment and has submitted its recommendation of approval to the Town Council; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.6b of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. The Town Council finds that the procedures for a zoning amendment as set Earth in Chapter 18.66 of the Municipal Cade of the Town o£ Vail have been satisfied, and all of the requirements of the Municipal Code of the Tvwn of Vail relating to zoning amendments have been fully satisfied. 1 Sect:.2 . ~• The Town Council hereby designates an underlying zone district of Public Accommodation to all of Lot 4 and Lot 7, Black 1, Vail- Lionshead Third Filing, a subdivision recorded in Book 221 at Page 992 of the Eagle County, Colorado, Clerk and Recorder's records, part of Lot C, Marcus Subdivision, a subdivision recorded in Rook 255 at page 70 of the Eagle County, Colorado, Clerk and Recorder's records referred to as Tract 2 as described in the attached Exhibit B and an underlying zone district of High Density Multiple Family to ail of Lot D and a part of Lot C, Morcus Subdivision, a subdivision recorded in Book 255, at Page 70 of the Eagle County, Colorado, Clerk and Recorder's records referred to as Tract I as described in the attached Exhibit A for Special Development District No. 7, (Marriott Mark Resort). Section 3. 7f 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 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by 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 inhabitants thereof. section 5. The repeal or the repeal and reenactment of any provisions of Vail Municipal 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 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. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby 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, heretofore repealed. 2 • ~• _i INTRODUCED, READ AND PASSED ON FIRST READING THIS 4th day of sei~tember 1990, and a public hearing shall be held an this oardinance on the 4eh day of September , 1590 at 7:30 p.m. in the Council Chambexs of the Vail Municipal Building, Vail., Colorado. Ordered published in full this ~r1t day of ~PU~emher , 1990. Bent R. Rose, Mayor A"CTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of 1990. ATTEST: Pame.Ia A. Brandmeyer, Town Clerk Kent R. Rose, Mayor a 3 JAY K. PETERSDN JAY K. Fr,~r,RSON ni-roxtv~x n:r l.nrv SUITE 307 VgIL NATIDNAL BANK BUILDING i08 SOUTH FRONTAGE ROAD WEST VAII„ CU~.UIi.1AU 81657 MEMORANDUM TO: RON PHILLIPS, TOWN MANAGER, TOWN OF VAIL FROM: JAY K. PETERSON DATE: SEPTEMBER 13, 1990 RE: ORDINANCE NO. 32 (SERIES OF 1990) Dear Ran: REC'0 $EP 1 ~f990 TELEPHDNE i 3031 476-0092 FAX LINE 13031 479-0467 Pursuant to directions from my client, M-K Corporation, we hereby withdraw nur appiicat~.on for change of zoning as set forth in Ordinance No. 32 (Series of 1990). As the applicant's representative I hereby request the withdrawal of our application and also the withdrawal of Ordinance No. 32 (Series of 1990}. If you have any questions please contact me at my office.