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Home My WebLink About2007-22 Amending Section 12-2-2 Definitions and Section 12-16-7, Use Specific Criteria and Standards to Allow for Amendments to the Regulation of Temporary Business Offices ORDINANCE NO. 22 SERIES OF 2007 ORDINANCE NO. 22, SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS, AND SECTION 12-16-7, USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE REGULATION OF TEMPORARY BUSINESS OFFICES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its July 9, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote 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; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend the time limitation requirements for temporary business offices. (Text that is to be deleted is s#islFen. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 22, Series of 2007 1 Section 2. Section 12-2-2 (in part) is hereby amended as follows: CFFI^~, Te ~eee.. E:OI QS$ .,,.+;„;+;e~ {sr a d:~rat'. ~ s:,~}est-fie sn ann:~sl r-ev~ie p~ann+a~ aFd-e~+~see~srfi~l sse~r.V~~is~ ta-ver+€y-~t~e applisGr:t's ser~pliat~ce sf uppre~~sl, ta-assea~edate tk:a di^Flwse~e~ef an ^~4'.s+; +n's~ra~.se-agents, b,~s1F~~s-, sesfst~;ia~ ~r ~tane~~~Y~i~ ~~~•°e. fr,r,vener.~l ~s+f~~s~ ast+v+ii~~ a:~~' t:-a:~sa s~, sa?~-e~displa~~ ~4 rns~~ha~dise ^ ies--l,. ~ tha:~ t ° c; sr°^~~s~~:~= en tha r ~,,,r~oss~ ..y l~sir~~~s a##is~ shall ~.st ir. s~`.a`.E-age+~s- OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the Town of Vail due to redevelopment construction activities. Section 3. Sub-Section 12-16-7-A (in part) is hereby amended as follows: 14. Temporary Business Offices: a. Offices for real estate agents shall be excluded. b. The storage, sale, or display of merchandise on the premises shall occupy less than ten percent (10%) of the office's floor area. c. Off street parking shall be provided in accordance with Chapter 10 of this title. d. Signage shall be provided in accordance Title 11, Sign Regulations, of this code. e. The business and service activities and transactions of a temporary business office may only be conducted for a limited time period, not to exceed three (3) years. Unless the time period is limited to a shorter duration, the approval of a conditional use permit for a temporary business office shall expire and become void within three (3) years from the initial date of approval. The Planning and Environmental Commission may grant a subsequent extension to a conditional use permit approval to allow a temporary business office to continue activities and transactions beyond the original time period limit, if the Commission determines special circumstances and/or conditions exist to warrant such an extension. An extension may only be granted for the minimum time period necessary to facilitate specific redevelopment construction activities that achieve the Town's goals, policies, and objectives, but in no event may such an extension be allowed for more than three years without additional review. Ordinance No. 22, Series of 2007 2 f. A conditional use permit approval for a temporary business office shall be reviewed by the Planning and Environmental Commission on an annual basis to verify the applicant's compliance with the conditions of approval. Section 4. 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 5. 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 6. 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 7. 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. Ordinance No. 22, Series of 2007 3 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of Juiy, 2007, and a public hearing for second reading of this Ordinance set for the 7th day of August, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E' Slifer, N{~yor ATT S . '`~~yN.OF - Lfalrelei DJdnaldson,'Town Clerk SEAL ~o INTRODUCED, READ, ADOPTED AND E ECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of August, 2007. r Rodney E. Slifer, Majro ATTEST• CLdrel i Donaldson, Town Clerk ~1N... F V O.• •.'9 : '•~f • SEAL ~ ~ Ordinance No. 22, Series of 2007 4