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2002-14i • • ORDINANCE NO. 14 SERIES OF 2002 AN ORDINANCE AMENDING THE APPROVED USES OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONVERSION OF ACCOMMODATION UNITS INTO TYPE III EMPLOYEE HOUS[NG UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No. 6, Vail Village Inn; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to approved uses of Special Development Districts to eliminate accommodation units and to change uses; and ' WHEREAS, in 2001, the Town Council approved of Ordinance No. 32, Series of 20D1 to allow a major amendment to Special Development District No. 6 to convert accommodation units into Type III Employee Housing Units; and WHEREAS, the purpose of this ordinance is to amend the approved uses for Special Development District No. 6, to allow for the conversion of accommodation units into Type Ill Employee Housing Units; and WHEREAS, this major amendment to Special Development District No. 6 shall not supersede any previous approvals for Special Development District No. 6; and WHEREAS, the revised major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application on June 10, 2002; and ~ ! • WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for a major amendment and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, due to extraordinary circumstances, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the approved uses for Special Development District No. 6, Vail Village Inn; and WHEREAS, the approval of the major amendment to Special Development District No. 6, Vail Village Inn, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed major amendment to Special Development District No. 6, Vail Village Inn, complies with the nine design criteria outlined in Section 12-9A-8 of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Council that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consistent with the public interest has been achieved. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 14, Series of 2002, is to amend the approved uses for Special Development District No. 6, Vail Village Inn, Phase IV. The approved development plans and uses for Phases I, II, I11, & V remain approved and unchanged for the development of Special 2 ~ . • Development District No. 6 within the Town of Vail, unless they have otherwise expired. Only the uses for Phase IV are hereby amended and adopted. This ordinance shall not supercede any previous approvals fior the redevelopment of Phase IV of the Vail Village Inn and the owner may act on these previous approvals as approved in Ordinance No. 21, Series of 2001, at any time, until such approval expires. The purpose of Ordinance No. 14, Series of 2002, is to eliminate 74 accommodation units and to add up to 40 Type III Employee Housing Units until May 1, 2003. Section 2. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning & Environmental Commission of approval for a major amendment to the approved uses for Special Development District No. 6, Vail Village Inn. Requests far amendments to Special Development District No. 6 shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code. Section 3. Special Development District No. G The Special Development District and the Major Amendment to the approved uses are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town ofi Vaii by the Vail Town Council and the Planning & Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. ~ . • Section 4. Chans~e in Use -Special Development District No. 6, Vail Village Inn, Phase IV The seventy-four (74} accommodation units located in the Vail Village Inn, Phase IV, shall be eliminated. No more than forty (40) Type I11 employee Housing Units shall be allowed. The Type III Employee Housing Units shall be allowed through a conditional use permit which shall expire on May 1, 2003, and after such date the use shall revert to the approved uses of Special Development District No. 6. The Vail Fire Department must determine that individual employee housing units in Special Development District No. 6 comply with applicable adopted Fire and Building Codes before occupation of an employee housing unit is granted. Section 5. Date of Expiration The conditional use permit and this major amendment shall expire on May 1, 2003, and the approved uses shall revert to those approved in Special Development District No. 6, Vail Village Inn, Phase IV. Section B. 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 or phrases be declared invalid. Section 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as 4 ~ . • 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 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. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of July, 2D02, and a public hearing for second reading of this Ordinance set for the 6'" day of August, 2D42, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~~~ TT a D~~ Lorelei Donaldson, fie:, ~, Town Clerk Ludwig Kurz, Mayor ,-~-~! s- ~~ ~i<~RA • • • READ AND APPROVED ON SECOND READENG AND ORDERED PUBLISHED this 6th day of August, 2002. G.r.~~_ Ludwig Kurz, Mayor ATTEST: 1 orelei Donaldson, ~lloP~'-x Town Clerk E:lcdev1ORD1021Ordinance 14 - WI type III EHU's.doc ~i ~~'"~ o~f SEAL I 6 .:: VFf4,r11MAPtl;iG iVV 1~: ,.,. ~t:RI~S ~F v~,~.~ AN OJidINANCE AMENllf APPROV ,p El$ES. pF SPECIAL BEVEL NT dISTR~CT NO 6, VAIL VILLAGE INN,. PHASE IV,. AL . N O 3 ~ 7 LOW .FOR THE CONVERSION ;OF ACCOMMO- r DATION UNITS INTO TYPE IIt EMPLOYEE HOUSING U.NI;S;.ANA SETTING FORTH.:OE- ~TAILS IN REGAROTHERETO. . WHEREAS; in 1976, the Vail Town Council adopt- ed Ordinance TJo::7, Series of 1976, establ#shing PROOF OF PUBLICATION 'Special Development District No: 6, Vail village Inn; and WHEREAS, Section 12-9A-10-oF,the Zoning Regu- . STATE OF COLORADO lotions permits majoramandmants to approved uses of Special Development Districts to eliminate ' aocorrimodation units and to change uses; anti 1NHEREAS; in 2001, the Town•Council. approved S.Cl. ~ of Ordinance No. 32,'Series of 2D01 to allovir~a ma= Ior ame.ndmem io Special ~geGelo.'ment District,. No. 6 Jo convert ~¢comrrtoQatioh;un ti s ihto Type lli COUNTY OF ~AGL~ °-~mpibyyeeHausingUnifs;and wHEREA$ thepurpose of ~this.ord#nance is to amend the apprOVed uses for Special' Develop- ment Dislrtcf No. fi,. io allow-for fha=cOhverslon of accomrtiodation anits'IntoType fIl:Employee Hous- - _ ing Uriits; and'' WHEREAS;ihis iitafor,amendrrient tii Special De- velopment District No. 6 shall riot sup>3rcede any .,previous approvals far Special Deveropment Dis- l, Steve Pope, da solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- tact No 6 and.,- .. er rimed, in whale or in art and ublished in the Count of Ea le, State of Colorado, and has a Y~1HEFtEAS that:"reyrseQ~trtajOr amendment t0 the P P P P Y 9 Special deyelOpmenf t)rstrlcTrs m the: tses( interest , general circulation therein; that said newspaper has been published continuously and uninterruptedly of the town as it meets the: Town's.development obJectlves.as idantHled In the Town;of.Vail Com- in said County of Eagle for a period of more than fifty-two consecutive weef<s next prior to the first rehensme plan; and ublication of the annexed le al notice or advertisement; that said news a er has been admitted to the . ~nrHEReAS,'Ih acdo'rdance with the provisions out- . p 9 P p lined in the Zpning:Regufatipns,ahe Planning & E;n- United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- vironmentar Comm€esion held a public, neadng an . meats thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices 20d2mandr amendment .application on June tD; and advertisements within the meaning of the laws of the State of Colorado- wHEREAS, the Planning"&. Enylronhiental Com- `- missidn has revi!eweii.the pxescribad criteria Fora major amendment- and has submitted.-its recom• mendatign of approval to the' VaII.Town "Oouncil; That the annexed legal notice or advertisement was published in the regular and entire issue of every and - - - . - WHEREAS, all notices as requued by,,the Town: of Vail Munlclpal Code have bean sent to the appro- number of said daily newspaper for the period of ................ consecut' insertions; and that the first priers parties; and _....r WHEREAS, due to extraordinary cir'cumstanges, ublication Of said notice was in the issue of said news a er dated...... ,,,~, .. ,the Vai€ Town Council considerslt ih the best mter- P P p ~• ~~••• • ~•• ••••••••~•••••••• est of the public health, eatery, and welfare ta. amend the ~pproyed uses for;Special Develop• ' .~..... and that the last publication of said notice was in the issue of said newspaper ,meet District No. 6, Vail Village Inn; and A•~• " WHEREAS, the,apprdyal of lha-majOramendment to Special Development District No. 6, Vail Village dated ... ..~...:.. A.D ..............,('~.~-. Inn;; and the: dsyetdpmenr standards m- regard iherelo shall not establish pprecedence ar entitle- ; meM elsewliare wilhin the Town o1 Vail; and .. . In witness whereof I have hereunto set my hand this ....~~.. da of ...... ~~.~ 1^lHEREAS, ttie Vail Town Council finds th~i 'the . Y -----•••••••' •"' ---' ~ proposed ma1jo~r amendment to Special Deyvlop= meat DisfricFNo. 6, Vail VillageJnn, complies whti ' the.nine design criteriaoullined.inSegtion 12-9A•B of the Town of Vail Municipal Code. The.' applicant, as required;, has. demdnstrated to the sapsfaction . of the Council that any adverse effects of these- ...... ............. ...................................... I quested deviations Yrom the development stand-.- PUbllsher 'arils oP iha;undertying zoning are outweighdd by the public banetits provid2d or has demonstrated ' that one er more of the development slandards is i not appllcabla,. or that a practical solutlvn consis- leaf-with the public interest has been achieved- - Subscribed and sworn to befor sea notary public in and for the County of Eagle, State of Colorado, ' NOw; THEREFORE BE 1T ORDAINED' BY THE , / TOWN COUNCIL OF?HE TOWtJ OF VAIL COL-. ORADO, THAT: this ..............F••.....~..: day o(.......... ......... Y....... Section 1. Purp~ee of the Ordinance - The purpose of Ordinance. No. f4, :$eiies.pf 2002,. is to amend the approved uses for Special Devel- . oppmeat District No.;6, Vail Village Inn, Phase IV. The approved development. plans and uses -for.: :.I?hase$ I, II, III, & V remain approved and pn- ~'~. changed for the development_of Special Develap- Y/i/] ' m9nt. district No. fi within the Town of Vail, urriess they .have otherwise expired. Only the. uses for , ............ .... ... .,~ ..r:... .. Phase iV are hereby-amended and adopted. This I ordihahce shall not supemedo any previous appro- Note PUbIiC vats for the redevelopment of Phase !V gfihe Vail rY VEllage Ir!n and the owner.mey act on rheas previ= ' / ~~ ous approvals.as approved in Ordinance No .21, My Commission expires .:.:...... ... ......~ Series of 2001, atany:[ime, until such approval~ex- pires. The purpozie of:Ordinanoe N0: 1A, Series Of . 2002,is to eliminaf8,74aa~~oommodatiori'unils and - to,add _up io 40 rype'f1r=FrSrployee Hou$ing Uhits unfirMaV~~t. 2D63. ~ < ' SecUon:2.. •p hR Procedures Fultllled, Planning Comin on Reppoort The approval praced~{(es ttes6rlbed:in Section 12- 9A of the Valf Muhlclpal Code have been fulillled, and ihs Va14TowrY COU.nGII has received the recom• mendatlon of the Planning 8 Envkonmental Com- mission of approval for a motor amendment to the being crjmple- the Vail Town nmental Com- Ifnce there era Development igfi the Ih[posl- notlatlon zone In Uso'- Speatel Develop• all Vf(Glga Inn, Phase IV aoCammodatinn unite locat- nn, Phase !V, shalt he elkM- forty (40) Type.lll omp1. ee 3 allowed- The TT,,~~pps Ill~m- ahall he allowed.throvgh a which shall expire do May 1, rno proves uses or,~peciei ueveropmem uismct No. The. Veit Flre Department must determine that individual-smMoyee housing units In Sppeeaclal Developnlerrt'Dfst d No, Bcomply with applicable adopted- Fire and Building Codes before occupa- tion of arti employee housing unit is granted. Srrctton 5. Gate of Expiration Tha copdigonal use permit end this maJor ~rrend- ment shall exxppl~s on. May 1, 2003; end the ap- provad uses ahaA revert to those approved In Spa- dei Development District No. S, Vail Village Iris, PhaselV, Section 8. if any pert, sect(oP, augaectlon, sentence, clause or pphrase oft Is ordnance is, for arty reason held to be irtv8lid, such dQcislon shall not affect the val- idity of the remaining parllona of this ordinance; and ilia Towp Council hereby- declares, it would have.p8tised this ordinance, end each part, sec- tion, suk~eotion, sentence, clquse or phrase thars- of, regardless af~ the fact -that any ens or more parts, saLtiohB, subelectbnri: sentences, clauses or phra~a be declaredlndafid. Sectlorj'7.. ~, ' - The repeal ar the repeat and rs-enactment of any Provisions of the Vatl Municipal Code as pprovided m this ordkrahce'shall' not aNecf any right which has accrued, any drily Imposed, any violation that accunsd prior to the eHectlve date hereof, any prosecirllon commenced, nor any other action or proeeedfngg,as oomtltenced under or by virtue of the prmrlslon'repeaied or reppeealed and reenacted. The lhpeal o! any ptovielon heretly shall not revive arty provision or any,ordlnance•prevfously repealed or suRerseded unless expressly stated herein. Sectl6n.6. Alt bylaws; orders, resolutions and ordinances, or parts thereof' inconsistent herewith;are hereby [e- , puled to the extent only of such Incohalstency. , The repeater shat[ clot be construed to reWse any ~~yylIavi,' ordey resolugoq or ordlnanea, or pert there• 01, ryt+retolare'tepaa,. . • • PROVEDUANp ORDE ED PUB ISWI=D ONCE IN FULL ON FIRST READING this 2nd day'ef Julg 2tH12, and a public hosting for second readi~n~gg of this Ordinance set for the 6th Aay of August, X1)02, in the Council ChamF~ers of the Vait Hlvnidipal - Butfding, Vail, Colorado. - Ludwig Kurz, Mayor ATTEST': Lorelei Donaldson, Town Clerk RFr40 AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this Bfh tlay of Au- gust 2002. Ludwig Kure, Mayor ATTEST: lvrelei Dorialdson, Town Clerk F:lcdev10RD102yOrdinance Y4 WI type. Ill EHU's.doc PuWiahed in the Vail Daily July 5, 2002:- , ~N° STATE OF COLORADO COUNTY OF EAGLE 391 PROOF OF PUBLICATION SS. • I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-lwo consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ......... ~.... consecutiv sertions; and that, the first publication of saisdd~~notice was in the issue of said newspaper dated .... .........<.~..'.......... A.D..... .llt~,Gl...1.... aQnd that the last p lication of said notice was in the issue of said newspaper dated. l •... A.D..........~...~.~........... In witness whereof I have hereunto set my hand this ............ day of ........................ .............1.. ~d ~ Publisher Subscribed and ~orn to before m , a n tary public in and for the County of Eagle, State of Colorado, this f ........................... day of ....,.....,.........................~~dZ / Notary Public My Commission expires .......... ...........{ ..:. • ORDINANCE N0.14 SERIES OF 20112 AN ORDINANCE AMENDING THE APPROVED USES DF SPECIAL DEVELOPMENT DISTRICT No. 6, VAIL VILLAGE INN, PHASE. lV, TO AL- LOW FOR THE CONVERSION OF ACCOMMO- HOUS NGUUNITS;t AND ETTINIG FORT ~ DEE- TAILS IN REGARD THERETO. Copies of this ordinance are available for public in- apecuon in the oNice of the town Clerk during nor- mal business hours. READ RND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 13th day M Au- gust, 2002. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the VaA Daily August 9, 2002.