HomeMy WebLinkAbout1990-26 Emergency Ordinance for the Purpose of Allowing Parking as a Temporary Permitted Use in an Area South of the Vista Bahn Terminal from Vail Road to Chair 12• • •
ORDINANCE N0. 26
Series of 1990
AN EMERGENCY ORDINANCE FOR THE PURPOSE OF ALLOWING
PARKING AS A TEMPORARY PERMITTEp USE IN AN AREA SOUTH
OF THE VISTA BAHN TERMINAL FROM VAIL ROAD TO CHAIR 12,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, substantial construction wank is being done to the Vail Village Parking
Structure which eliminates the ability to use the structure for parking; and
WHEREAS, the summer tourist season has commenced in Vail, and it is essential to
find substitute parkirrg for the citizens of Uail, its tourists, and guests
immediately; and
WHEREAS, Vail Associates, Inc., the owner of the property mare particularly
described in Exhibit A (the "property"), is willing to permit such parking to occur
thereon; and
WHEREAS, the zone district in which the property is located is designated as
agricultural open space zoning which does not allow parking as a permitted use; and
WHEREAS, there is no other property which has been identified within the Town
that is suitable for emergency parking during the period of time that the Vail
Village Parking Structure is under construction, and consequently the Tawr~ Council
wishes to allow parking as a permitted use on the property effective immediately
with the passage of this ordinance and continuing until September 30, 1990.
NOW, THEREFORE, QE IT ORDRINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORApO:
1. Parking shall be a permitted use an the property effective immediately upon
the passage of this Ordinance and continuing until September 3O, 1990, on which date
it shall no longer be a permitted use.
2. Because it is essential to obtain additional parking spaces far the period
of time during whir,h the Vai~! Village Parking Structure is under construction and
failure to find such parking will impair the economic welfare of the community and
it is further necessary to find additional parking spaces far the safety and
protection of the citizens and guests of the Town of Uail, this Ordinance is
declared an emergency ordinance for the preservation of public property, health,
welfare, peace, or safety, in accordance with Section 4.11 of the Town Charter
requiring passage at one meeting of the Tawn Council to be effective.
4. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is far 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 ar phrases be declared invalid.
5. The Town Council hereby finds, determines and declares that this Ordinance
is necessary and proper far the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of the Municipal
Code of the Town of Vail 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
proceedings as commenced under or by virtue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
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, heretofore repealed.
INTRODUCED, READ AND APPROVED AS AN EMERGENCY ORDINANCE 'this 3rd day of
July 1990, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado, and this ordinance shall take effective immediately.
Ordered published in full this 3rd
day of Jul.v
1950.
Kent R` Rose, Mayor ' l
ATTEST:
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Pamela A. Brandmeyer, Town Clerk
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LEGAL DESCRIPTION
That part of Lot 3, Section 8, Township 5 South, Range 80 West of
the Sixth Principal Meridian, according to the Dependent Resurvey
of tYkE N l/2 N 1/2 NE 1/4 SW 1/4 NW 1/4 of said Sectiork 8 ar~d the
Metes and Bounds Survey of a Portion of the NE 1/9 NE 1/9 NW 1/9
SW 1/4 NW 1/9 of said Section 8, approved by the Acting Chief
Cadastral Surveyor for Colorado, United States Department of the
Interior, Bureau of Land Management, in Denver, Colorada, December
29, 1988, described as follows:
Beginning at the northeasterly corner of said Lat 3, whence an
existing #4 rebar with aluminum cap L.S. 16827 marking the NW 1/16
earner of said Sectiork 8 bears NOQ°11'00"W 165.00 feet; thence
S89°91'06"W 370.00 feet along the northerly line of said Lot 3;
thence, departing said northerly line, S00°18'54"E 160.00 feet;
thence S59°31'12"E 429.71 feet to the easterly line of said Lot 3;
thence N00°11'00"W 380.00 feet, along said easterly l~.rke, to the
poiz~kt of begirkz~ing. Bearings are based on t~~e easterly line of said
Lot 3 being N00°11'00"W.
together with:
That part of Tract E, Vail Uil.lage Fifth Filing, according to the
map thereof, recorded in the office of the Eagle County; Colorado,
Clerk and Lteco~dex', described as follows:
Bega.nzzing at the southwesterly corner of said Tract E; thence
NOQ°12' 03"W 5D.00 feet along the westerly line of said Tract E;
thence, departing said westerly Line, Sb3°12'03"E 59.OD feet;
thence 574°12'43"W 38.00 feet; thence N76°47'57"E 32.00 feet;
thence N58°05`49"E 37.64 feet to the northerly line of said Tract
E; thektice the followirkg four courses along the northerly, easterly
and southwesterly lines of said Tract E: {~.) 11,8.72 feet along the
arr. of a curve to the left, having a radius of 1466.50 feet, a
central. angle of 04°38`18", and a chord which bears S65°13'09"E
118.69 feet;'{2} S18°01'30"W 54.82 feet; (3} S26°00'00"E 97.D2
feet; (4} N62°2$'00"W 321.95 feat (calculated) to the point of
begir:izing. Elear7.zigs are based an the westerly line of said Tract
E being NDO°12'03"W.
together with:
That part of Parcel 1, Golden Peak Ski Base and Recreation District
Parcel , according to the map thereof , recorded i.n the office of the
Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the northwesterly Garner of said Parcel ~.; S62°26'58"E
611,50 feet along the northerly Line of said Parcel 1; thence;
departing sand northerly line, S47°26'58"E 868.56 feet to the
southerly line of said Parcel 1; thence S89°44'08"W 290.21 feet
along said southerly line; thence, departing said southerly line.
N40°11.'01"W X177.94 feet to the westerly line of sa:i.d ~'arcel 1;
thence N00°11'U1"W 101.59 feet, along said westerly line, to the
point of beginning. Bearings are based on the westerly lzne of said
Parcel 1 being N00°11'0."W.
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