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HomeMy WebLinkAbout2003-10 Amending the Official Zoning Map for the Town of Vail; Rezoning Lot 9A, Vail Village 2nd Filling from Heavy Service Zone District to the Public Accommodation Zone District• ~ • ORDINANCE N0.10 Series of 2003 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING LOT 9A, VAIL VILLAGE 2ND FILING, FROM THE HEAVY SERVICE ZONE DISTRICT TO THE PUBLIC ACCOMMODATION ZONE DISTRICT. WHEREAS, the Town Council finds the 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 WHERAS, the Town Council finds the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Town Council finds the 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 WHEREAS, the Town Council finds that the rezoning is necessary to facilitate the approval of Ordinance No. 9, Series of 2003, amending Special Development District No. 36, Four Seasons Resort; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has reviewed this zoning map amendment in accordance with the approved criteria and findings for a rezoning as established by Section 12-3-7, Vail Town Code, and has forwarded a recommendation of approval at the April 28, 2003, Planning and Environmental Commission hearing; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 10, Series of 2003 ~ • a Section 1. Zoning Maa Amendment The Official Zoning Map of the Town of Vail is hereby amended as follows: That Lot 9A, Vail Village 2nd Filing shall be rezoned to Public Accommodation zone district from Heavy Service zone district; as shown on Exhibit A (attached). Section 2. Effective Date of the Ordinance Ordinance No. 10, Series of 2003, shall take effect on February 1, 2004, and upon the adoption of Ordinance No. 9, Series of 2003. 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 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 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 the inhabitants thereof. 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 Ordinance No. 10, Series of 2003 s r • 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 6th day of May, 2003 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. .. ~-~~ _..`..Y,,. °~~~~ ~:~~ c~\ ~r~. Attest: c~,t R ~,; > r elei na dson, Town Clerk 1 ~~~~ ~ Ludwig Kurz, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of October, 2003. /~.ecrd ~ ~ Ludwig Kurz,~l(Aayor Ordinance No. 10, Series of 2003 ~~~~ ~v~~ ~~ \, st: ~~~ relei~onaldson, Town Cierk Ordinance No. 10, Series of 2003 • • • Exhibit A ocrc ne Zoning Map """~"`~~ ° .~ '~ FourSeasons Resort ~ Ocdinahce No. 70, Series ~f 2003; May 6, 2003, r, ;~'""'" ~ ~ ~ ' ~ .,. r~S~F~- ~ wA .. ~ ~''.r ., .., .: t ,, ~,.rp .w ,. ~w.:~.wr. ~ , ,~, ~ ,, f P ~ .. `, ~.: ': 1~~a.... •i, .-/e`bv+~.~v.o' Proposed ftazonln9aoi y-~ "PUf~lkl+t6C+0++l+ltOili~,~0++° Ordinance No. 10, Series of 2003 •N_ STATE OF COLORADO COUNTY OF EAGLE 128 PROOF OF PUBLICATION SS. r I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the sal per printed, in whole or in part and published in the County of Eagle, State of Cold general circulation therein; that said newspaper has been published continuously ar>! in said County of Eagle for a period of more than fifty-two consecutive weeks ne>~ publication of the annexed legal notice or advertisement; that said newspaper has be United States mails as a periodical under the provisions of the Act of March 3, 187 ments thereof, and that said newspaper is a daily newspaper duly qualified for publisfj and advertisements within the meaning of the laws of the State of Colorado. ~ That the annexed legal notice or advertisement was publlished in the regular and enti~ number of said daily newspaper for the period of ......../......., consecutive inserti ...... publication of said notice was in the issue of said newspaper dated .. .. .... A.D..~....... and that the last publication of said notice was in the issue of dated..~~lf.+... ..~........ A.D....... .................. In witness whereo~Jf I have hereunto set my hand this ....~U..... day of .. .... ......~ { I' `-ORDIt~l~NCB Na 1t1 or 2o1p3 ~_ _._.Y..... ,~ ,~,tl~ ACCCR ... _. WITi~1,Trr4~ 1g. r~arr I~~gqWAAP^ R I L07 9A Y/uL !NO NO,~ ! N IyfC$ ZOlsl? ID~TDTHL° ~IpLlr1 AC plggAT70N DIA771 .~i ~ "cAEAS, the ~fwn'Coungl Hndt tom,'. xN M ebnaiatent ~Ihs 16, obJecdves ygi,polkilsa waUlnad"Ja t~N1dl Comp ~ thg dweloP~milrri oM00tlvekof lfu9 TT~na uttd end eultal:le . ERAS, the Town Counoll' flnde the amendment le ccmP~bie ~ ~ E~ uoosytnda nerd ~ , ~ ~romotw ~ health as 6A~, qte Town ~un1k~,H~tIA the amendmerd p ~ ~' ela,''and general vvalhro of .Hte Tai and ~°~ ea aiwl rra~emironmre~t Md~ i ~t~l lehed ohAr#ofes e ~ m~~dentle ~~~1ryy ~~gh ro.on and EREAS~th~e Town~lnde thet the rosoninq N neosasery fadUtete aoval aQ Ordlnancfl Nag, ~~prtas of 2003, amandlnp $prp~l Dsva , ~ riot . 38, Fodr9esaone Resort; and IEREA6, the Plennlag drNJ Erwlronmental Cammisalon of tlr® Town of Vail ewid Wie' zoningg meP amendment In +wwrd+no- wlm the ~~pprowed ~ Bnge for• a rozoNng ea eatabliahad by t3ecdon 13.7, VaU Tpwn L3ods, and . yarded a nxwmmendadon of npprawd at dte APm g&, ~~ Pka+ning firo ,, , ~ 1;Cammiwioh hearing; and MI TH6REFORE~E iT,Qfgp~,iNED 9Y THE TOWN pplJpt¢IL:rJF THE TOWN 4 IL,COLORADO,' AT: otlon 1. Amagdtnrrnt: s.OKldal 7.dMpg Map of the Town of Vell b tiareby emended ea fQliwv>i; . 4 ~_.~.~ __. -~ i .,.,..«.K~..».,,w.+~~. r. "~' a r,,~ ~;, ~ ~~ ~~ ,bl: .~;. f +a '~k t~.~a ,,. tat.lot gA Vtll Village 2nd FIUnq shall pe rozonad to public Aoogm~,o~d~ ~"st from°~leavy 9aNklssgM dhNFktt 1N shown In a .. ,,~ ~! map &olhk# A, ~on R~ ~ Condit~aa: - ,a+a,e rw:enine.of Let AA.-Nail VIIIaW~ trod FlNnp,ehell take affsot on "ewcf+ data thet- alto d Lbt 9A,'/ifi Y Ana rw~ry, ~, orq•-~ rNopment Dlebio! f!lo. , frour Seewne eeort. t3ecdat s. If an eeolbn, aenhnaA,'dauaa or hp rere of this ordlnanoa la for anY 1N iNd, euah dsobkon shall rrot a the vsllAlty of the romainlnp oa: and the Town Ooundl heroby dedaree n would have tf~p-. h part, eeotlon, eubeeatlon, asntenae, olauee or phroae thersot, ro that any ans. or moro perta, aactlona, aubaeetlone, eentenoea, aldu r.. • oso2 -PUelt.tc nyuc:~ QADI MCE NQ. 1i) „~;X. 2093, { *~~_ PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per 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 a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily 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 daily newspaper for the period of ........` ....... consecutiv ins rtions; and th//at//the first publication of said lice was in the issue of said newspaper dated ..... .. .............l..G1........ A.D... .... ...... and that the last publication of said notice was in the issue of said newspaper , dated ... .~~.. A.D............~......... ...da of ... ......... .~..~~ In witness whereof I have hereunto set my hand this .......~~ y ~~ ~' ~ ~ i ofiti.9hwa;~id `~ mast ID oomPelfbN V6itd~ ~ uses end, rY r ~~ 6Qt ~R 4! ~;sYJ~F1EREA9, Ida ~~~+!+~` ~, as f~CirnmisNpn g9 pr ~~p z s ~ ; ~~ COUNCIL TH~'ft'aM!~t ~ 1~ G' DC,THAT: ~'$~atlon 1. AmsndR~^~" .. ~ Tn~ CMtclst zanlnq~l ~ of -ttia ~owr+ of hers amendW as ~ aU be rez- Triat~ot 9A, VsN VIYa~e 2ed'F~fI~B oned ro"fuMIC' A4d~rrmoa''7~6 ~~~ Hea Sltvl~e~ iw+a~Ai'~-~°kFF I^ ~~0h°d 3~s _ v ~::~,. ~~ x 9eetron 2. UeNI Ifs ' +'.. ,'" .... ~ _ ._~~~„+.~. ~ • • I accept the attached publication of Ordinance 10, Series of 2003, as published in THE VAIL DAILY Friday, January 23, 2004. Initial Date ~"" T~ ~~ Matt Mire ~-~ t 26~1~{ George Ruther r ft ~t Le~als Section 1. Zon-niT Mep Amendment The Official Zoning Map of the Town of Vail is hereby amended as follows: That Lot 9A, Veil Village 2nd Filing shall be rez- oned to Public Accommodation zone district from Heavy Service zone district; as shown on Exhibit A (attached) - PUBLIC NOTICE CORRECTED PUBLIC NOTICE The public notice for Ordinance No, 10, Series of 2003, published on Ocober 10, 2003, shall be hereby corrected as follows: ORDINANCE NO.10 SaHss of 2003 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL IN AG CORDANCE WRH TITLE 12, ZONING REGULA- TIONS, CHAPTER 5, ZONING MAP; REZONING LOT 9A, VAIL VILLAGE 2ND FILING. FROM THE HEAVY SERVICE 20NE DISTRICT TO THE PUB- LIC ACCOMMODATION ZONE DISTRICT. WHEREAS, the Town Council finds the amend- ment is consistent with the adopted goals, objec- tives and policies outlined in the Vail Comprehen- sive Plan and compatible with the development ob- jectives of the Town; and WHERAS, the Town Council finds the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS; the Town Council finds the amend- ment promotes the health, safety, morals, and gen- era! weflare of the Town and promotes the coordi- nated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a re- sort and residential community of the highest quali- ty; end WHEREAS, the Town Council finds that the rezon- ing is necessary to facilitate the approval of Ordi-. Hance No. 9, Series of 2003, amending Special Development District No. 36, Four Seasons Re- sort; and WHEREAS th PI d E m t l Conr Section 2, ENeetly~ Dste of the Ordtnanee Ordinance No. 70. Series of 2003, shall take effect on February 1, 2004, and upon the adoption of Or- dinance No. 9, Series of 2003. SsMion 3. If any part, section, subsection, sen- tence, clause or phrase o1 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 he declared invalid. Section 4. The Town Council hereby finds, deter- mines end declares that this oWinance is necessa- ry and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ssetlon 5. Ire amendment of any provision of the Town Codet ae provided in this ordinance shat) not alfeoC arty- t which has accrued, any duty imposed, any anon that occurred prior to the e - tective date roof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of arty provision hereby shall not re- vive arty provision or any ordinance previously re- pealed or superseded unless expressry stated herein. Section 8. All bylaws, orders, resolutions and ordi- nances, or parts thereof, inconsistent herewith are repealed to fhe extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part there- of, theretofore repealed. INTRODUCED. READ ON FIRST READING, AP- PROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2003 and a public hearing for second reading of [his Ordinance set for the 7th day of October, 2003, in the Council Chambers of the Vail Munici- pal Building, Vail, Colorado. Ludwig Kurz,~ayor attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of Octo- ber, 2003. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk EXHIBIT A e annmg an rniron en a -.._~r-.,_,w.,..,,....... - mission of the Town of Vait has reviewed this zon- ~-~,„,,,,, ing map amendment in accordance with the ap- "<'~!-_ "' proved criteria and findings for a rezoning as es- bY _ teblietred Section 12-3-7, Vail Town Code, end ,~~.'^,~'° - ." has forwarded a recommendation of approval at -«d the,AprN 28, 2003, Planning and Environmental "°' - C...:-,;W:;ionhearing:and ,< ~ -~~L~ 8Y THE "~~ R THE TOWN OF VAIL, COL- ORADO, THAT Ordinance No. 10. 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