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HomeMy WebLinkAbout2013-08 An Emergency Ordinance adopting a Temporary Moratorium on the Processing and Approval of All Business and Land Use Applications for Private Ski Club Uses within the TownORDINANCE NO. 8 SERIES 2013 AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON THE PROCESSING AND APPROVAL OF ALL BUSINESS AND LAND USE APPLICATIONS FOR PRIVATE SKI CLUB USES WITHIN THE TOWN WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council have been duly elected and qualified; WHEREAS, pursuant to C.R.S. § 31 -23 -301, the Town is empowered to regulate and restrict zoning, including but not limited to the location and use of buildings within its jurisdiction; WHEREAS, pursuant to C.R.S. § 31 -23- 303(1), the Town's zoning regulations must be made in accordance with the Comprehensive Plan and designed to, among other things, promote health and general welfare within the Town; WHEREAS, the Town has recently received several inquiries and /or applications to operate private ski clubs within the Town; WHEREAS, it is the desire of the Town Council that Town Staff study the effects of allowing private ski clubs to operate within the Town, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Town Council as to whether such uses should be permitted at any location in the Town; , WHEREAS, Town Staff needs sufficient time to gather information and study the impacts of private ski clubs and the zone districts in which they should be permitted, if at all; WHEREAS, the imposition of a moratorium on the processing and approval of all business and land use applications for private ski clubs will allow the Town Staff, Town Attorney and the Town Council to assess whether such uses are in the best interest of the public health, safety and welfare; and WHEREAS, due to the recent inquiries and /or applications received by the Town for such uses, the Town Council finds and determines that an emergency exists sufficient to place a temporary moratorium on the processing and approval of all business and land use applications for private ski club uses during the time that Town staff studies the impacts of such uses and the proper location for such establishments, if permitted. 1 Ordinance 8, Series 2013 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings and Intent. The foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council of the Town of Vail. Section 2. Temporary Moratorium. Upon the adoption of this ordinance, a moratorium is imposed on the processing and approval of all business and land use applications for operation of any private ski club use within the Town. Town Staff is directed to refuse to process, review or approve any such applications for the operation of private ski clubs. It shall further be unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a private ski club at any location within the Town unless the Town expressly authorized such use prior to the adoption of this ordinance. For purposes of this ordinance, the term "private ski club" means a members -only club that serves alcoholic beverages and other refreshment with on -site ski storage, or any similar use. Section 3. Investigation and Evaluation. During the term of this moratorium, Town Staff shall investigate, evaluate and update the Town's Code as necessary to regulate or prohibit the operation of private ski clubs within the Town. Section 4. Authority. The Town Council hereby finds, determines and declares that it has the power to adopt this ordinance pursuant to: (i) The Local Government Land Use Control Enabling Act, Article 20 of Title 29 C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31 -15 -103, C.R.S. (concerning municipal police powers); (iv) Section 31 -15 -401, C.R.S. (concerning municipal police powers); (v) Section 31 -15 -501, C.R.S. (concerning municipal power to regulate businesses); (vi) The authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (vii) The powers contained in the Town of Vail Town Charter. Section 5. Expiration. The moratorium imposed by this ordinance shall commence as of the date of the adoption of this ordinance and shall expire on December 17, 2013, unless earlier repealed or extended, as determined by Town ordinance. 2 Ordinance 8, Series 2013 Section 6. 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 7. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 8. 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. Section 9. Pursuant to Section 4.11 of the Vail Town Charter, this ordinance is deemed necessary for the protection of the public health, welfare and safety, because the location of private ski clubs within the Town prior to the time that Town staff has had an adequate opportunity to study the effects of such establishments and the proper location for such establishments, if any, could cause irreparable harm to the Town and its residents and visitors. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this 18th day of June, 2013. Andrew P. DO-Y, Mayor ATTEST: L ,Town Clerk 7�.rnw�i'�.5�� �G�� nC TOE'+ �J✓ N i �ORAD� 3 Ordinance 8, Series 2013