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HomeMy WebLinkAbout1998- 1 Amending Title 12 - Zoning Regulations, Section 12.7C.5(A)(3) to Waive the Major Exterior Alterations Applications Deadlines for 1998 for the Lionshead Redevelopment Master Plan Study Area•• • • ORDINANCE NO. 1 Series of 1998 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, SECTION 12-7C-5(A)(3), TO WAIVE THE MAJOR EXTERIOR ALTERATIONS APPLICATION DEADLINES FOR 1998 FOR THE LIONSHEAD REDEVELOPMENT MASTER PLAN STUDY AREA. WHEREAS, the Town of Vail is presently engaged in preparing a redevelopment master plan for the Lionshead Study Area and generally for the Commercial Core 2 (CC2) zone district. The Commercial Core 1 district is also being amended to treat both areas fairly; and WHEREAS, said master plan is not to a level of completeness to accurately review redevelopment proposals in Lionshead in the first half of 1998, and therefore, requiring applicants to submit development proposals by the 4th Monday in February and the 4th Monday in September could have a detrimental effect on the master planning for Lionshead; and WHEREAS, said detrimental effect can be mitigated through temporarily waiving these submittal deadlines so that potential applicants may submit proposals after the master plan is to an appropriate level of completeness and, hence, avoid potential conflicts with the master plan; and WHEREAS, the Town Council feels an interest in treating various zone districts equally and fairly; and WHEREAS, the Town Council has determined it is appropriate to waive the application deadlines for major exterior alterations in the Lionshead Study Area and CC1 for 1998. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT TITLE 12, ZONING REGULATIONS, BE AMENDED FOR A SPECIFIED PERIOD OF TIME AS FOLLOWS: Section 1. The submittal deadlines contained Sections 12-7C-5(A)(3) and 12-76- 7(A)(3) of the Municipal Code are hereby waived for project applications for the 1998 calendar year. Section 2. 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 3. If 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 be declared invalid. Ordinance No. 1, Series of 1998 Section 4. The amendment of any provision of the 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 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, 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, this 20th day of January, 1998. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 3rd day of February, 1998, in the Municipal Building of the Town. Robert E. Ford~Mayor .~-- Town Clerk ATTEST: relei Donaldson, INTRODUCED, READ, ADOPED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) THIS 3RD DAY OF FEBRUARY, 1998. Robert E. Ford, Mayor ~ ATTEST: (~~ Lbfele' Donaldson, Town Clerk \~~~.. 3~N ~r V - ~yr~ ,~O ~! -EAL rrrrr~r.,C~IORPVO ``~. Ordinance No. 1, Series of 1998 2 -~ € ,~ . ~4 ~,~ ~ • p~c Q o a oflL i i ~ x s __ ~,. YAIL ROU~'jfl"~"BOUT ~~ONSHEAD STUDY AREA PROOF OF PUBLICATION STATE OF COLORADO ) ) SS. C~NTY OF EAGLE ) I, ALLEN I<NOX do solemnly swear that I am the PUE3LISt TER of 7HE VAIL TRAIL; that the same is a weekly newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and ttiaf said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspapers for the period of ~ consecutive insertions; and that the first publication of said notice was in issue of said newspaper ~d -i~r,~Z~~/ ~ , 1988 and that the last publication of said notice was in the issue of said newspaper dated '~~~`~~ ~ 19~ g . In witness whereof I have hereunto set my hand this ~~ day of `~~~ 19 ~ ~1 Subscribed and sworn to before me, a notary public in Eagle, State of Colorado, this ~ day of ~i My commission a the County of 19 98 . ~ ~ l ~~ ~.~. I June 0, 2000, Public Notice ORDINANCE No. , s..lea a ~>~ AN ORDINANCE AMENpING TITLE 11, 20NIN6 REGUl.AT10N3, SECTION 11-7C- 5(A 3 TO WAIVE THE MAJOR EXTERIOR AL TIONS APPLICATION DEADLINES FOR 1119! FOR THE UONSHEAD REDEVEL- OPMENT MASTER PLAN STUDY AREA. WHEREAS. Ura Town d YeN k prosenty en- pegsd W prepet#p a redsvslopnrartt master plan j for tiro U, I 1 Study AIM end genaraay for the C«mmsrdal CtXS 2 (CC2) z«ro dfstrkl. Tha Commerdel Coro t dlsl h also being emend- ed to (real both areas Ieiry: end WHEREAS, said mesler plan Is not to a level d completeness {o eccurefaVy review redevetnp- meat proposeh in Lbnshee kr the first hall of 1998, and Therefore, requiring applicants to sub mN develolzrrteM proposals by the IN+ Monday in February end dte ath Monday In September could have a delrMnentel effect an the master planning 1« LNx+shead; and WHEREAS, said detrimental etiect can be mNigated Through tamporsrity waiving these Sub millet deadlines so that pdenlfal applicants may submN Proposals aher 1 master plan it to an approprtata level of completeness and, hence, avoid polentiel conlllds with the mesler plan, and WHEREAS, the Town CouncO feels an inter- est m lreal'mg various zone districts equally and fairly; and WHEREAS, the Town Council has deter mined N h appropriate to waive the application deadlines for major exterbr a4eralions in the Li~ onaheed Study Are9 end CCi 1« 1998. ' NOW, T EREFORE, BE IT ORDAINED By THE TOWN COUPICiI OF 7HE TOWN OF VAIL, COLORADO, THAT TITLE 12, ZQNIN(i REGU- BE AMENDED FOFi A SPECIFIED P RIO OF TIME AS FOLLOWS: SECTION 1, The subnNtal deadlines cronteined Sections 12.7C-5(A)(3) end 12-78-7(A)(3) d the Municipal Code ere hereby waived for project applications for the 1998 calendar year SECTION 2. The Town Council hereby finds, determines end declares that fhb ordinance h necessary and pprroper 1« the heeNh, edety end welfare d the Tavm d Vaq end fire InhebNanls thered. SECTION 3. II erry pert. section. tubaection, senlertce. dauss or phase d this ordlnsrres h for any ree- ton held to be krvalid, such decbbn sheN not gil- led the raNdNy d the remaining pontons d this ordNrancel end the Town C«mcH hereby de- clares awould have passed tlris ordinance, end each pan, tecllon, subsactbn, eemenca, clause a phrase Ihered, regerdbss d the led that any one « more parts, sections, subsections, senten- ces, clsusea «phresee be declared invapd. SECTION 1. The amendment d any prwlsion d the Veil Munkipel Code as provided M this ordinance sfutl rtd >•~ tehkh Aas accrued, any duly : ~ thst occurred prbr to the aMadiw dale hared, any prosecutbn com- menced. nor aarryy o9ter adlon « .....: r7 es undM « M virtue d the pprwrslon emended. The amendment d any prwlsion here- by shill rat rovMe a^Y prwisbn « erry «dinance. pravbualy ropealgid « suparserled unless es- pres Sly Crime S rein. Ad bylaws, «dero, resolutions and ordinan- ces, « parts tlrored, irrcorteletenl herewHh are ' repeabd to IFw ezlenl poly d such Ineonsislency. f itch repealer shah not be rxnatrwd to revise any bylaw, order, reeolutlon « «dlnence, or Pert Ihered, 9rsrMdore rep~eled. INTRODUCED, READ tNl FIRST READ- ING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL Ihb 20Nr dsy d January, t99B A pubNc I+ssrirtg on thh a J" shop be held el the regulae meeting d the Town Council d the Town d Vail, Cobrado an the 3rd day of Febru i ery, 1998 M the Munkbel BuiMing d Ifte Town TOWrJ OF Vnll _ , , .. , - .. ~ ,~ ; u~ lw .I I ~uL u~( Ie~l uul llu Iuuu5ly ur 1~1 ur ul tierlu~ t1e~11y n ~ said ~ounty of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; il~at said newspaper has been admitted to the United States mails as second class mailer under the provisions of the Act of March 3, 1879, or any amendrner~ts thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal polices and advertisements within the meaning of the laws of the State of Colorado. That tt~e ~exed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspapers for the period of 1 consecutive insertions; and that the first publication of Bald notice was Irl issue of said newsput~er dated `t~r~R.~'c~/ ~ , 1988 and that the last publication of said notice was in the issue of said newspaper dated ~~BtZ.-~IrtRt~ ~ _, 199 g . In witness whereof I have hereunto set my hand this -~~ day of _- ~~?~'_~~ _ _ , 19 ~ /~~ Subscribed and sworn to before me, a notary public in Eagle, State of Colorado, this ~ day of '~~ • My the County of 19 98 . ~~~, 3 O. ~~, _~~ nrerd proposals, n Lronslreed rn Itra nrst ball of 1988, and thereforo, repukktb appticanls to sub- Febrd err Yapmdenl~iop+o~seMo W Ye ; nt Mo~ mbar could have a detrimental etlect nn Nre mgcter planning for Lionshead: and WHEREAS, said detrimental eNnct can be mNigated Through temporarily waiving These sob mNlal deadlines so that ~tenlial applicants may submN proposals alter 1 to master plan is to an appropriate level d completeness end, Trance, avoid poteMlal conllids with the master plan; and WHEREAS, the Town Council teals an Inter esl in treating various zone dstrkis equally and lafdy; and WHEREAS, the Town Council has deter- mined N h eppropiale to waive the application deadlines for mayor erderlor enerelions in the Li onsMad Study Area and CC 11or 1998. NOW, THEREFORE, BE IT OROAtNEO By THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO, THAT TITLE 12, j LAilOPi3. BE AMENDED FOR Ti PES- CIFIFU P RIO OF TIME AS FOLLOWS: SEC11ON 1. The submntal deadlines contained Sections 12-7C-5(A-(3) end 12-7B-7(A)(3) d the Municipal Code are hhereby waWed for project eppiicallons for the 199!1 calendar year. SECTION 2. The Town CourtcN hereby linds, determines end declares Thal nth ordinance Is necessary end proper for me heenh, eMeq end wenere of the Town d VaN and the Inhabnants Ihered. SECTION 3. elwse a Wn, ~~, subssdktn eentertce, pMese d MU ordlnartce a ~or any ree eon held to be klvalid, such dadsbh aMN not cel- led the valklily d tM remekting ponbne d Ihls ordlnsncs; and eta Town CouncN Frereby de- clares N would have passed thh ordinance, end each part, sedkln, subsection, sernence, clause or phrase Ihered, repsrdess d Me foci that any ape a more parts, sediona, aubsedbns, senten- ces, clauses or rases be declared krvalkl. SECTION 1. The smendrnent d any provision of the Vail Muncipal Coda ae provided M thh ordinance ehaA not adeq ~rry rlpN which has accrued, any the elldatlley Ilblha~al Ihel attuned prbr to arty proseculbn com- merNxd, nor anryy dhsr adbn or aedktp as mrrxnertced under rx by vhtue d~ a provrsbn amended The amerbnenl d any provision here- by ehpn rat revive erry provklon or arty ordinance, prevbwN repaabd or tngarseded unless e><- pressN e(ralad herein. sEECnoN s. An bylaws, adero, resolutbns and ordinan- ces, or parts !hared, InconshteM herewith are repealed io ma extent ony d such Inconsistency. TMa repeebr lhaN rtd De construed to revise any bylaw, ceder, rseolulkxt or ordinance, or pan lherad, lherddore reps~bd. INTRODl1CED READ ON FIRST READ- ING APPROVED I~ND ORDERED PUBLISIIFO ONCE IN FULL Ihh 201h day d January, 1898 A public hearkp on Ihh ordnance span be Wahl et Ihs regular meeting d Ste Town CouncN of the Town d Veil, Colorado on me 3rd day d Febru- ary, 1998 h the MtxtNdp918up~np d the Town. 'TOWN OF VAIL Rol»rt E. Ford ' Maya ATTEST Laebl Donaldson Town Cterk INTRODUCED, READ, ADOPTED ANO ENACTED ON SECOND READING AND OR- OERED PUBLISHED ONCE IN FULL this 3rd day d February, 1998. • TOWN OP VAIL Briber! E Ford ' - Mayer LorelM OartaMsan Town Clerk Published M TM YsA Tran on February 8, 1998