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HomeMy WebLinkAbout2003-13 Amending Section 12-7A-3 Conditional Uses, Article A Public Accommodation District, Chapter 7, Title 12 Zoning Title, to Allow for the Addition of Lodges including Accessory Eating, Drinking, or Retail as a Conditional Use• • • ORDINANCE NO. 13 Series of 2003 AN ORDINANCE AMEND{NG SECTION 12-7A-3, CONDITIONAL USES, ARTICLE A. PUBLIC ACCOMMODATION (PA) DISTRICT, CHAPTER 7, TITLE 12, ZONING TITLE, VAIL TOWN CODE, TO ALLOW FOR THE ADDITION OF LODGES, INCLUDING ACCESSORY EATING, DRINKING, OR RETAIL ESTABLISMENTS LOCATED WITHIN THE PRINCIPAL USE AND OCCUPYING BETWEEN TEN PERCENT (10%) AND FIFTEEN PERCENT (15%) OF THE TOTAL GROSS RESIDENTIAL FLOOR AREA OF THE MAIN STRUCTURE OR STRUCTURES ON THE SITE AS A CONDITIONAL USE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-7A-3 of the Vail Town Code establishes the conditional uses which may be permitted in the Public Accommodation (PA) zone district, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 16, Title 12, Vail Town Code; and WHEREAS, Section12-3-7, Amendment, Chapter 3, Administration and Enforcement, Title 12, Zoning Title, Vail Town Code, authorizes text amendments to the Zoning Title and establishes the procedures for the review of text amendments; and WHEREAS, Sonnenalp Properties, Inc., submitted an application to the Town of Vail Community Development Department requesting approval of a text amendment to amend Section 12-7A-3 of the Vail Town Code to add "lodges, including accessory eating, drinking, or retail establishments located with the principal use and occupying between ten percent (70%) and fifteen percent (15°fo) of the total gross residential floor area of the main structure or structures on the site"to the list of permitted conditional uses; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on the proposed text amendment in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Town of Vail Planning and Environmental Commission finds that the Ordinance No. 13, Series 2003 • • • proposed amendment furthers the development objectives of the Town of Vail; and WHEREAS, the Town of Vail Planning and Environmental Commission has unanimously recommended approval of this text amendment at its April 14, 2003, meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed text amendment furthers the general and specific purposes of the Zoning Title; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan; is compatible with the development objectives of the Town; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt this text amendment to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-7A-3 of the Vail Town Code shall hereby be amended as follows: 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this Title. Churches. Fractional fee club units as further regulated by subsection 12-16-7A8 of this Title. Hospitals, medical and dental clinics, and medical centers. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Private clubs and civic, cultural and fraternal organizations. Professional and business offices. Ordinance No. 13, Series 2003 2 • • Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public or private schools. Public park and recreational facilities. Public transportation terminals. Public utility and public service uses. Ski lifts and tows. Theaters and convention facilities. Type III employee housing units as provided in Chapter 13 of this Title. Section 2. 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 3. 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 4. 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 5. 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. 13, Series 2003 3 • • • INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of May, 2003 and a public hearing for second reading of this Ordinance set for the 3~d day of June, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: ~`L~orelei.,f5onaldson, SEAL co(c~R ~~ Town Clerk 1~ ~~ . Ludwig Kurz, M~ror READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3`d day of June, 2003. ~~~yJ ~F SLl 1L ATTEST: CO(UR~~/ t oreleybonaldson,"Town Clerk /~'i/~~ O l~'"~K... Ludwig Kurz, I~yor Ordinance No. 13, Series 2003 4 ~_ 169 • PROOF OF PUBLfCATfON STATE OF COLORADO S.S. COUNTY OF EAGLE WHEREA8, Saoaon 12.7A-9' CI' Cro' Wu ToMm Coda ~IMaM!~hM the oondltlond tHae wMoh ~. ha i r, r in the Pht6llo Aaootnrnodatlart ~, Qdat,lat, ~ to tM lafuattee of a al wt perrttlt n aaoordanoa with tM Provfabna of C~h{aptar 1 e, Tph 12,:m Code ands ~ a a,tRu~nser.~9~~tMotnametlRA~ ~~ 12, ZWr'' ,.....,a..,o. .-- rM+M• and '~ Ino.; tiubtrdtMd ~„'n....~..rw. ti. ,, 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-two 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- mentsthereof, 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 pubis/hed in the regular and entire issue of every number of said daily newspaper for the period of ........../..... consecutive in'sye~rtions; and that the first publicationpo~f said notice was in the issue of said newspaper dated ......~,1 i!...F~..Q~.~ ................ A.D. ~@.Q...~...... and that the last ublica ~ of said notice was in the issue of said newspaper ~~~ dated ...............P.)..y~....... A.D........s ~~.......... In witness whereof I have hereunto set my hand this .....~1/...... day of ....... f ...7.~..~~....... ... .. ........... ... ... ..................... Publisher Subscribed a c~sworn to before. notary public in and for the County of Eagle, State of Colorado, this ..............i~........... day of ~ :~ . .........~ /~/~'~ Notary Public My Commission expires ... ~,f~~... (J.Z„1.. ~....C,,C/ty met ~c +wa npatd.E „roki!"RnnNhl~algGa~m4 ~ t ~ttaid~laPPUb~6a tWnaQ ~.: P ~ pw 'rim of 1the VaIP anp WW~HEAB, tha Town at Vail IMu+nirW;M¢ F.~~• ti Oomtn4alart'~Inds YuK'tfia t>tati+olMd? Nrl 1 ~ ; iha;d~ i . ! A~h4g1lMI Pf°; MM ofValk!Md , wH. tlis Town .at Yap P4atiirtp-and rsr+W-;, ,~,~ wilt mLrtld_pal dN F ana gAlt~4 ,o1~4+a ~ ~patdMt ~. t;~ dtla ~+rit ~t~hQA+tM- tv , Yait .et~e`ir~9iotlar`~2-'-A$ pt tt~~il 'lhrm °l[NRfi m i~' ~ " i3{f71~~GONA The ny ~.~~~ln. ~ ~>' ~wbJeot to '~ tbi Pry 01 Cttaputr ~et9l tMa't~la: a.a +u+o y u pY eeation r2.14.~eari~i=rill. ~_ CtmitittM, ~ ~ w~a t,1~1ii."fA&pf~T~k mlfr #t1d dIRML dlltloe, IMd rb .road., ao -ana as p dbaa rxtt tuwt t.~« + ma ~nic w4r, , 'i~N;,.~,ee~rv,atlaa.abinWtm.c>rn ~a aluga pd alwa ai~Mx~ ~ htttamd or- or atnxr ~:. ;~ pp~I~ ~~ b,M4vhe w«• .BiIY~~ ~~~"~ ~` ~ h~4!a ~IIF~M t in ,~. Y :_ _ Mf~'i 2. n= i , cl ~, ~, I,.v AnRnNa1~F.W.tM h~aan •wMr..~.. ,,.,,,.,~,...». • r ~~ gs.or ~~ ~~ p ~,_~ ~,. ~~~: .~ ~_:. d Ny Q!M M ~~~ ~, ~ r; du, ~ re ~~ ~, ~ ~.. ~~saMY~~^~~ ~ r~rN~Ir.N~ nct be , , ~ ~ , », READ? AN~dXPf~ #~ AMD OFa4ERE~ PUS ~~ ~~ wws; u~yo-~ Lo+ro1P~ dwn, i?awn Glsrk Publlshsd IA llN ihil P+~h' ~ 23~ 1Q03 ; , .~±.. ~s.~=~` .~ 0553 STATE OF COLORADO COUNTY OF EAGLE 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-two 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 publi/shed in the regular and entire issue of every number of said daily newspaper for the period of ........,/....... conse 'nsertions; anld~,that the first publication of said notice was in the issue of said newspaper dated ~`r~~...4~ ................ A.D.....~v~u..~./.-and that the last publication of said notice was n the issue of said newspaper dat .. ..~......A.D...~ ................. In witness whereof I have hereunto set my hand this ...vf~..`,/... day of .... .y..L.~E.l3 Publisher Subscribed and sworn to before , a notary public in and for the County of Eagle, State of Colorado, this .........~~.... day of ...... ..,.~~ ~j~) Notary Public My Commission expires ........ QrL?. •~ • • o~*~LL`/ •3 _~~ - ~. FF4[ .}-..r +v...t: _'. 3 i'{fibs-: ~a~F~1 .,, ~s-.,>.~.~..,~:;v ~~,.~p~..aR T~11 ~, V~1s~.8,."...ff~rrr...~~~»1 ..+222 -, ~.