HomeMy WebLinkAbout2012- 6 Amending Section 12-7H-3, adding "Temporary Business Office" as a conditional use in the Lionshead Mixed Used DistrictORDINANCE NO. 6
SERIES OF 2012
ORDINANCE NO. 6, SERIES OF 2012, AN ORDINANCE AMENDING SECTION 12-
7H-3, PERMITTEDAND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL,
ADDING "TEMPORARY BUSINESS OFFICE" AS A CONDITIONAL USE IN THE
LIONSHEAD MIXED USE 1 DISTRICT, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, the Vail Town Council found that the redevelopment of Lionshead
would cause the displacement of business offices: and
WHEREAS, the Vail Town Council found that the preservation of business offices
within the town was necessary to maintain established community qualities and
economic values and prevent their relocation outside of the town; and
WHEREAS, the Vail Town Council adopted Ordinance No. 26, Series of 2004, on
November 16, 2004, which established "temporary business office" as a conditional use
in the Lionshead Mixed Use 1 District and created a definition for the land use in order
to maintain business offices within the town on a temporary basis; and
WHEREAS, Ordinance No. 26, Series of 2004, contained a provision in Section 2
causing the Ordinance to become null and void and the temporary business office to
cease being a conditional use on December 31, 2008; and
WHEREAS, the Vail Town Council adopted Ordinance No. 22, Series of 2007, on
August 7, 2007, which amended the definition for temporary business office and
established use specific criteria and standards for the land use within Chapter 16,
Ordinance No. 6, Series of 2012
Conditional Use Permits, Vail Town Code; and
WHEREAS, Section 12-2-2 Definitions of Words, Vail Town Code, defines a
temporary business o�ce as, "An office for the conduct of general business and service
activities and transacfions 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."
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 March 5, 2012 public hearing, and
has submitted its recommendation to the Vail Town Council; and
WHEREAS, the Vail Town Council 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 Vail Town Council 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.
Ordinance No. 6, Series of 2012
2
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 reestablish temporary business
office as a conditional use within the Lionshead Mixed Use 1 District. (Text that is to be
deleted is �isker�. Text that is to be added is bold. Sections of text that are not
amended may be omitted.)
Section 2. Section 12-7H-3 (in part) is hereby amended as follows:
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
A. Permitted Uses: The following uses shall be permitted on the first floor or
street level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket 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.
B. 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:
Accommodation units.
Attached accommodation units.
Beauty and barber shops.
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges.
Major arcades.
Ordinance No. 6, Series of 2012
3
Multiple-family residential dwelling units, timeshare units, fractional fee
clubs, and lodge dwelling units.
Temporary business offices.
Theaters.
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.
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 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.
Ordinance No. 6, Series of 2012
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INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3�d day of April,
2012, and a public hearing for second reading of this Ordinance set for the 17th day of
April, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
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INTRODUCED, READ, ADOPT
ORDERED PUBLISHED IN FULL this
ATTEST:
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Ordinance No. 6, Series of 2012
�drew P. Daly, Ma
ED ON SECOND READING AND
17th day of April 12.
Andrew P. Dal
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