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Home My WebLink About2003-27 Amending Section 10, Title 14 Development Standards Handbook; and the Vail Village Design Considerations, Vail Village Urban Design Guide Plan, to Allow for the Use of Temporary Enclosures on Covered Outdoor Dining Decksi • • ORDINANCE N0.27 Series of 2003 AN ORDINANCE AMENDING SECTION 10, TITLE 14, DEVELOPMENT STANDARDS HANDBOOK; AND THE VAIL VILLAGE DESIGN CONSIDERATIONS, VAIL VILLAGE URBAN DESIGN GUIDE PLAN, TO ALLOW FOR THE USE OF TEMPORARY ENCLOSURES ON COVERED OUTDOOR DINING DECKS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, text amendments are permitted pursuant to parameters set forth for such in Section 12-3-7 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on August 25, 2003, to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, the Town Council finds that the proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to adopt this amendment to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAlL, COLORADO, THAT: Ordinance No. 27, Series 2003 • ~ • Section 1. The following language, in bold, is to be added to: Town of Vail Development Standards, 10. C. Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.: 7. Covered, outdoor dining decks and patios associated with eating and drinking establishments may employ the temporary use of transparent, pliable sidewalls during inclement weather from April 1 through December 1, annually. Section 2. The following language, in bold, is to be added to: Page 22, Vail Village Design Considerations, Vail Village Urban Desictn Guidelines: Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street making a richer pedestrian experience than if those streets were empty. (...) Decks and patios should be sited and designed with due consideration to: - sun -views -precipitation - wind -pedestrian activity 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. Ordinance No. 27, Series 2003 2 • • • 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 21st day of October, 2003 and a public hearing for second reading of this Ordinance set for the 4th day of November, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. . ` ~,y ~.. r'~ 0 } ATTEST: '~ ,.tr _ ..._. j ~elei onaldson, Town Clerk Ludwig Kur{~Aayor Ordinance No. 27, Series 2003 3 • • • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4~' day of November, 2003. ~. ~~1. ATTEST: ~ ,~ ,~'y i'~ ,~ , ', ll~lei j6onaldson,'Town Clerk Ludwig Kam! Mayor Ordinance No. 27, Series 2003 t~ STATE OF COLORADO COUNTY OF EAGLE PROOF OF PUBLICATION SS. ~ ost5 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 .........~..... consecutive insertions; and that the first publicatiohn of said notice was in the issue of said newspaper dated . ...........p~.~.......... A.D...~.icX, .C.Q~,Q,n~...... and that the last publication of said notice was in the issue of said newspaper dated.-~f•~~~~.. A.D...........E~~~.......... In witness whereof I have hereunto set my hand this ...... day of .... ...... . ........~c.G/~ ~ ~ o~oi • STATE OF COLORADO COUNTY OF EAGLE PROOF OF PUBLICATION SS. 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 ........~..... consecuti a insertions; and"t~ha"t th/eyfirst publication of said notice was in the issue of said newspaper dated .....~...~i~~r..Y.1L.~G~C.t/.L.."1...... A.D.... ~Q~... a~njd that the last publication of said notice was in the issue of said newspaper dated..... Q?~!N.•d....A.D......~~ ............. N In witness whereof I have hereunto set my hand this ..:`/..... day of ............ ...~Q..."~ /1 n i- PwB~: r NANCe N0.23• °+.. at xoao A7~N, OROINANCe AIiAENDIN~OTANecnoN 10, TN ,.~PDK4, DpVTMfi~VA~18L~VIlt.AC1E~D~a~tQN~CQN' $IDERA~NB, VAIL VILI:AGt3 URIIAM _AL81AN GUIDE"FLAN, TO At.LO'W FOR THE WIi16 OF ~~ppORARY eNCLOYURHB ON OOVERlD pU~'DDOR DIMING `DECKB AND 813T77FN;E F9R'r'H DBTAtL8IN19iQAwlD'~'MER8T0. READ AND APPROVED oN,88CON0 FieAQiNG ANR ORDBRED PU9LISMED, 8Y TITLE DNLY November 7,' 2Q0,~, thle 4th tsar of Nowttltisr, LutlWly Kurt, Maror ~ATTeBT. LorNe1 Doneldeon, Town Clerk Pu6kihed In the Va11~DeIly November 7, 2003.