HomeMy WebLinkAbout2011-01 Beauty and Barber Shop AmendmentsORDINANCE NO. 1
Series of 2011
AN ORDINANCE AMENDING SECTIONS 12 -2 -2, DEFINITIONS OF WORDS AND TERMS, AND
12- 16- 7(A)(2), USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW
FOR BEAUTY AND BARBER SHOPS WITH EXTERIOR FRONTAGE ON A PUBLIC WAY,
STREET, OR WALKWAY AS A CONDITIONAL USE OUTSIDE OF THE COMMERCIAL CORE 1
AND 2 ZONE DISTRICTS AND OUTSIDE OF THE PRIMARY AND SECONDARY PEDESTRIAN
MALL WITHIN THE LIONSHEAD MIXED USE 1 AND 2 ZONE DISTRICTS AS DEFINED BY THE
LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, Ordinance No. 18, Series of 1981, adopted regulations establishing beauty and
barber shops as allowable first floor or street level conditional uses so long as they do not have any
exterior frontage on any public way, street, walkway, alley or mall area within the Commercial Core 1
and 2 zone districts; and,
WHEREAS, the Town adopted the Lionshead Redevelopment Master Plan on December 15,
1998, and subsequently adopted the Lionshead Mixed Use 1 and 2 zone districts to implement the
Master Plan; and,
WHEREAS, the Town rezoned numerous properties from Commercial Core 2 zone district to
Lionshead Mixed Use 1 and 2 zone districts which implemented the established policy for beauty
and barber shops on the first floor and street level; and,
WHEREAS, unintended consequences inconsistent with the intent of restricting beauty and
barber shops primarily in pedestrian areas of the villages resulted from the rezoning of numerous
properties to Lionshead Mixed Use 1 and 2; and,
WHEREAS, beauty and barber shops remain a conditional use in the Lionshead Mixed Use
1 and 2 zone districts allowing for a location not adjacent to the primary or secondary pedestrian
mall as defined by the Lionshead Redevelopment Master Plan to be evaluated based upon
established criteria for their appropriateness; and,
WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for
amending the Town's Zoning Regulations; and,
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on December 13, 2010 on the application to amend the Town's Zoning Regulations, in
accordance with the provisions of the Vail Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a
recommendation of approval, with modifications, to the Vail Town Council of the request to amend
the Town's Zoning Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Zoning Regulations is consistent with the applicable elements of the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and is compatible with the development objectives
of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Zoning Regulations furthers the general and specific purposes of the sign regulations; and,
Ordinance No. 1, Series of 2011, second reading 1
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WHEREAS, the Vail Town Council finds and determines that the amendment 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 . Section 12 -2 -2, Definitions of Words and Terms, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in st!Fiketh text that is to be added is
bold, and sections of text that are not amended have been omitted):
S49PS, BEAUTY AND BARBER SHOPS: A facility where one or more
persons engage in barbering or the practice of cosmetology, including hair,
nail or and skin care.
SECTION 2 . Section 12- 16- 7(A)(2), Use Specific Criteria and Standards, Vail Town Code,
is hereby amended in part as follows (text to be deleted is in StFikethF text that is to be
added is bold, and sections of text that are not amended have been omitted):
2. Beauty and barber shops: Within the Commercial Core 1 and Commercial
Core 2 zone districts beauty and barber shops shall have no Ale exterior
frontage on any public way, street walkway, or mall area. feel. Within the
Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts beauty and
barber shops shall have no exterior frontage on any primary or secondary
pedestrian mall as defined by the Lionshead Redevelopment Master Plan.
SECTION 3. 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 Vail 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 4. The Vail 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. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
SECTION 5. The amendment of any provision of the Town Code 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 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.
Ordinance No. 1, Series of 2011, second reading 2
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SECTION & 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4 day of January, 2011 and a
public hearing for second reading of this Ordinance set for the 18 day of January, 2011 at
6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATT ST r �N •W F *. 9��`C
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ei D naldson, own Clerk CAL
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INTRODUCED, READ, ADOPTED AMYENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 18 day of January, 2011.
4" 1 1
it Richard D. C eve d, Mayor
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Town Clerk A�
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Ordinance No. 1, Series of 2011, second reading