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Home My WebLink About2004-26 Amending Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Adding "Temporary Business Office" as a Conditional Use in the Lionshead Mixed Use 1 Zone District; Amending 12-2-2 to Define the Term .~ ORDINANCE NO. 26 Series of 2004 AN ORDINANCE AMENDING SECTION 12-7H-3, PERMITTED AND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL, ADDING "TEMPORARY BUSINESS OFFICE"AS A CONDITIONAL USE IN THE LIONSHEAD MIXED USE 1 ZONE DISTRICT, AMENDING SECTION 12-2-2, DEFINITIONS, TO DEFINE THE TERM "TEMPORARY BUSINESS OFFICE", AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on October 11, 2004, the Planning and Environmental Commission of the Town of Vail held a public hearing on the text amendment in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the text amendment furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 11, 2004, meeting, and has • submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the text amendment is consistent with 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; and WHEREAS, the Vail Town Council finds that the text amendment furthers the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the text amendment promotes the health, safety, morals, and general welfare of the Town and promote 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. Ordinance No. 26, Series of 2004 • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-7H-3 and Section 12-2-2 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in st~iiEe-N~e~~/additions are shown bold) 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. • C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111 (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Temporary Business Offices Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. And, 12-2-2: DEFINTIONS: OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities for a duration of time not to exceed three (3) years, subject to an annual review by the Planning and Environmental Commission to verify the applicant's compliance with the conditions of approval, to accommodate the displacement of an existing office in the Town of Vail due to • redevelopment for insurance agents, brokers, secretarial or stenographic services, or o~ces for general business activities and transactions, where Ordinance No. 26, Series of 2004 2 .• • storage, sale, or display of merchandise on the premises occupies less than ten percenf (70%) of the floor area. A temporary business office shall not include offices of real estates agents. Section 2. Ordinance 26, Series of 2004, shall become null and void on December 31, 2008, and Temporary Business Offices shall cease to be a conditional use in the Lionshead Mixed Use 1 zone District on December 31, 2008. 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. • 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 previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, • Ordinance No. 26, Series of 2004 3 • 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 2"d,day of November, 2004. A public hearing shall be held heron on the 16~' day of November, 2004 at 6:00 PM, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Vai! Municipal Building of the Town of Vail, Colorado. `~p~QF f c SEAL ATTEST: • i ~~ Loreleiponaldson, Town Clerk %~ ~ J ~ ,~ 9 Rodney Slifer,' ayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16~' day of November, 2004. ATTEST: ~ ~,~~ Rodney Slifer, M or , • ~ ~// %~ ~.. ~ `~~~ ~ ; LDS AL . f~elei~bonaldson, Town Clerk .,, .~~ COIO • Ordinance No. 26, Series of 2004 4 • ~T,y,...••., '~~ 'C i ~~ rrp :~ ~ c.. n 0 ~. cu b, z O A a~ 0 0 ~..:.. 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