HomeMy WebLinkAbout2013-23 Extending the Temporary Moratorium on the Processing and Approval of All Business and Land Use Applications for Private Ski Club Uses within the TownORDINANCE NO. 23
SERIES 2013
AN ORDINANCE EXTENDING THE 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, previously, the Town Council has adopted a temporary ban until
December 17, 2013;
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 additional 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 operation of, and 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, during such time, the Council finds and determines that it is in the
best interest of the public health, safety and welfare for the town to extend the temporary
ban on the operation of, and the processing and approval of all business and land use
applications for private ski clubs until March 19, 2014.
Ordinance No. 23_ Series of 2013
12/17/2013
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 extended by this ordinance shall
expire on March 19, 2014, unless earlier repealed or extended, as determined by Town
ordinance.
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
Ordinance No. 23. Series of 2013
12/17/2013
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 3rd day of December, 2013 and a public
hearing for second reading of this Ordinance set for the 17th day of December, 2013,
in the Council Chambers of the Vail Municipal Buil , Vail Colorado.
Andrew P. D y, May r
ATTEST:
amm agel, tin wn berk
READ AND APPROVED ON SECOND READING AND ORDERED PIBLISHED this
17th day of December, 2013.
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Andrew P. DaQ Ma r
ATTEST:
agel, Ac own Clerk
Ordinance No. 23. Series of 2013
12/17/2013