HomeMy WebLinkAbout2003- 7 Amending Ordinance No. 21, Series 2001, Section 6 Approval Expiration Time Limitations, SDD No. 6, Vail Village Inn to Allow for a Three-Year Time Limitation on the Expiration of Approval of Ordinance No. 21, Series 2001• •
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ORDINANCE N0.7
Series of 2003
AN ORDINANCE AMENDING ORDINANCE N0.21, SERIES OF 2001, SECTION 6, APPROVAL
EXPIRATION: TIME LIMITATIONS, SPECIAL DEVELOPMENT DISTRICT N0.6, VAIL VILLAGE
INN, TO ALLOW FOR A THREE-YEAR TIME LIMITATION ON THE EXPIRATION
OFAPPROVAL OF ORDINANCE N0.21, SERIES OF 2001, AND SETTING FORTH DETAILS IN
REGARDS THERETO.
WHEREAS, Title 12, Zoning Regulations, Section 12-9A-10, Amendment Procedures,
Vail Town Code establishes a procedure for amendments to established special development
districts; and
WHEREAS, on September 4, 2001, the Vail Town Council approved Ordinance No. 21,
Series of 2001, adopting a revised approved development plan for Special Development District
Na. 6, Vail Village fnn, to allow for the construction of the Vail Plaza Hotel; and
WHEREAS, Waldir Prado, on behalf of Daymer Corporation, has submitted an
application to the Community Development Department to amend Section 6, Approval
Exgiration:Time Limitations, Ordinance No. 21, Series of 2001; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a
public hearing on March 24, 2003, on the amendment in accordance with the provisions of the
Town Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail finds that
the amendment request complies with the design criteria prescribed in the Title 12, Zoning
Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
forwarded a unanimous recommendation of approval of this amendment to the Vail Town
Council; and
Ordinance No. 7, Series 2003
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WHEREAS, the Vail Town Council finds that the amendment request complies with the
design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code; and provides a
harmonious, convenient, workable relationship among land uses consistent with municipal
development objectives; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt this amendment to Ordinance No. 21, Series of 2001.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 6, Approval Expiration: Time Limitations, Ordinance No.
21,Series of 2001, is hereby amended as follows:
(deletions are shown in ~e~g#; additions are shown in bold)
The Developer must begin initial construction of the special development district by no
later than September 4, 2004, and continue diligently toward the
completion of the project. If the Developer does not begin initial construction and
diligently work toward the completion of the special development district within the time
limit imposed above, the approval of said special development district shall become null
and void.
Section 2. 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 3. The Town Council hereby finds, determines and declares that this
Ordinance No. 7, Series 2003 2
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ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
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
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 ON FIRST READING this 1~` day of April, 2003 and a
public hearing for second reading of this Ordinance set for the 15th day of April, 2003, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
relei onaldson, Town Clerk
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~O~ \~+~Kdrk, Mayor
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day
of April, 2003.
Ordinance No. 7, Series 2003 3
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ATTEST: ~
orelei onaldson, Town Clerk
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Ludwig Kurz~llayor
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Ordinance No. 7, Series 2003