HomeMy WebLinkAbout2013-08 An Emergency Ordinance adopting a Temporary Moratorium on the Processing and Approval of All Business and Land Use Applications for Private Ski Club Uses within the TownORDINANCE NO. 8
SERIES 2013
AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY
MORATORIUM ON THE PROCESSING AND APPROVAL OF ALL
BUSINESS AND LAND USE APPLICATIONS FOR PRIVATE SKI CLUB
USES WITHIN THE TOWN
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 the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council have been duly elected and
qualified;
WHEREAS, pursuant to C.R.S. § 31 -23 -301, the Town is empowered to regulate
and restrict zoning, including but not limited to the location and use of buildings within its
jurisdiction;
WHEREAS, pursuant to C.R.S. § 31 -23- 303(1), the Town's zoning regulations
must be made in accordance with the Comprehensive Plan and designed to, among
other things, promote health and general welfare within the Town;
WHEREAS, the Town has recently received several inquiries and /or applications
to operate private ski clubs within the Town;
WHEREAS, it is the desire of the Town Council that Town Staff study the effects
of allowing private ski clubs to operate within the Town, considering the Town's existing
land use regulations and master plan, and thereafter provide information to the Town
Council as to whether such uses should be permitted at any location in the Town; ,
WHEREAS, Town Staff needs sufficient time to gather information and study the
impacts of private ski clubs and the zone districts in which they should be permitted, if at
all;
WHEREAS, the imposition of a moratorium on the processing and approval of all
business and land use applications for private ski clubs will allow the Town Staff, Town
Attorney and the Town Council to assess whether such uses are in the best interest of
the public health, safety and welfare; and
WHEREAS, due to the recent inquiries and /or applications received by the Town
for such uses, the Town Council finds and determines that an emergency exists
sufficient to place a temporary moratorium on the processing and approval of all
business and land use applications for private ski club uses during the time that Town
staff studies the impacts of such uses and the proper location for such establishments, if
permitted.
1 Ordinance 8, Series 2013
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Findings and Intent. The foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council of the
Town of Vail.
Section 2. Temporary Moratorium. Upon the adoption of this ordinance, a
moratorium is imposed on the processing and approval of all business and land use
applications for operation of any private ski club use within the Town. Town Staff is
directed to refuse to process, review or approve any such applications for the operation
of private ski clubs. It shall further be unlawful for any person to operate, cause to be
operated, or permit to be operated in the Town a private ski club at any location within
the Town unless the Town expressly authorized such use prior to the adoption of this
ordinance. For purposes of this ordinance, the term "private ski club" means a
members -only club that serves alcoholic beverages and other refreshment with on -site
ski storage, or any similar use.
Section 3. Investigation and Evaluation. During the term of this moratorium,
Town Staff shall investigate, evaluate and update the Town's Code as necessary to
regulate or prohibit the operation of private ski clubs within the Town.
Section 4. Authority. The Town Council hereby finds, determines and
declares that it has the power to adopt this ordinance pursuant to:
(i) The Local Government Land Use Control Enabling Act, Article 20 of
Title 29 C.R.S.;
(ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning
powers);
(iii) Section 31 -15 -103, C.R.S. (concerning municipal police powers);
(iv) Section 31 -15 -401, C.R.S. (concerning municipal police powers);
(v) Section 31 -15 -501, C.R.S. (concerning municipal power to regulate
businesses);
(vi) The authority granted to home rule municipalities by Article XX of
the Colorado Constitution; and
(vii) The powers contained in the Town of Vail Town Charter.
Section 5. Expiration. The moratorium imposed by this ordinance shall
commence as of the date of the adoption of this ordinance and shall expire on
December 17, 2013, unless earlier repealed or extended, as determined by Town
ordinance.
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Section 6. 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 7. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 8. 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.
Section 9. Pursuant to Section 4.11 of the Vail Town Charter, this ordinance is
deemed necessary for the protection of the public health, welfare and safety, because
the location of private ski clubs within the Town prior to the time that Town staff has had
an adequate opportunity to study the effects of such establishments and the proper
location for such establishments, if any, could cause irreparable harm to the Town and
its residents and visitors.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON FIRST AND FINAL READING this 18th day of June, 2013.
Andrew P. DO-Y, Mayor
ATTEST:
L ,Town Clerk
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3 Ordinance 8, Series 2013