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2003-35• • • ORDINANCE N0.35 Series of 2003 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING THE LIONSHEAD TENNIS COURT SITE, UNPLATTED ,FROM AGRICULTURE AND OPEN SPACE (A) DISTRICT TO TWO-FAMILY PRIMARYISECONDARY DISTRCIT (PS) DISTRICT AND REZONING THE SKI-WAY/UNPLATTED, FROM AGRICULTURE AND OPEN SPACE (A) DISTRICT TO OUTDOOR RECREATION (OR) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"}; and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2003, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendments to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHERAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest • • • quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: The unplatted Lionshead tennis court site shall be rezoned from Agriculture and Open Space (A) District to Two-Family Primary/Secondary (PS) District; and the unplatted ski-way shall be rezoned from Agriculture and Open Space (A) District to Outdoor Recreation (OR) District, as illustrated on Exhibit A (attached) and described by metes and bounds in Exhibit B (attached). 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 • ,> ,< INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED 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. PUBLISHED ONCE IN FULL ON FIRST READING this 2"d day of December, 2003 and a public hearing for second reading of this Ordinance set for the 16~' day of December, 2003, in the Council Cham rs of the Vail Municipal Building, ~~~ ;~~ Rodney Slifer; Ma r 4p ,J Attes ,, a.~ / - . .. elei onaldson, To n Clerk Vail, Colorado. READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16~' Attest: ~~ M.~~ rel i Donaldson, day of December, X0.03.. ~t:_ ~,z ~ .~' t ~E ~ ~~.`~ -~ ~ • w a~ ~ ~6~~ Rodney Slifer, Moor ti Town Clerk