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HomeMy WebLinkAbout2014-08d, PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8 Series of 2014, on the Town of Vail's web site, www.vaiigov.com, on the 19th day of March, 2014. Witness my hand and seal this I Cl� day of , 2014. Tammy Nag AmTTo—wn of ORDINANCE NO. 8 SERIES OF 2014 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2: DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE AND THE DELINEATION OF DIFFERENT FLOORS OR LEVELS WITHIN A STRUCTURE, AND TO AMEND ARTICLES 12-76, 12-7H, 12-71 AND 12-8E REPLACING THE TERM "COMMERCIAL SKI STORAGE" WITH "COMMERCIAL SKI STORAGE/SKI CLUB", AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; WHEREAS, the existing term "Commercial Ski Storage" no longer accurately encompasses the types and operational characteristics of this use; WHEREAS, it is necessary to define a new term, ""Commercial Ski Storage/Ski Club" that will accurately define the range of operations included in this use; WHEREAS, it is necessary to replace "Commercial Ski Storage" with "Commercial Ski Storage/Ski Club" in those zone districts where it is an allowable use; WHEREAS, the delineation of a structure into levels or floors is essential for the application of horizontal zoning; WHEREAS, the Town Council is committed to clarifying how a determination of floor level is made while maintaining the success of existing and future businesses within the Town of Vail; WHEREAS, it is not the intent of this ordinance to create non -conforming uses as a result of the clarifications to the definitions of floor levels; WHEREAS, the Community Development Department is committed to making the Town Code easily understood; WHERAS, from time to time is it necessary and prudent to update the Town Code; WHEREAS, on February 24, 2014, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the amendment; Ordinance No. 8, Series 2014 _1- NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows (text to be deleted is in stFikethFough, text that is to be added is bold, and sections of text that are not amended have been omitted): BASEMENT OR GARDEN LEVEL: For the purposes of implementing horizontal zoning within ape-nifi-a-zene , basement or garden level shall be any floor, or portion of any floor, of a structure located below the first floor or street level of that structure, as determined by the administrator. More than one floor, or portions of a floor or floors, may be defined as basement or garden level within a single structure. For the purposes of determining floor level, the following factors may be considered; site topography, location of building entrances and facades relative to the adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian ways and relationships to other floors in the structure. rATALY..-. COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: • Personal lockers • Boot dryers • Ski storage racks • Ski tuning • Food and beverage service • Areas for congregation and/or socializing • Restrooms and/or shower facilities • Non -winter activities • Concierge ski services • Retail sales • Business Center Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage/ski club. FIRST FLOOR OR STREET LEVEL. For the purposes of implementing horizontal zoning first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portions of a floor or floors, may be defined as basement or garden level within a single Ordinance No. 8, Series 2014 -2- COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: • Personal lockers • Boot dryers • Ski storage racks • Ski tuning • Food and beverage service • Areas for congregation and/or socializing • Restrooms and/or shower facilities • Non -winter activities • Concierge ski services • Retail sales • Business Center Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage/ski club. FIRST FLOOR OR STREET LEVEL. For the purposes of implementing horizontal zoning first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portions of a floor or floors, may be defined as basement or garden level within a single Ordinance No. 8, Series 2014 -2- structure. For the purposes of determining floor level, the following factors may be considered, site topography, location of building entrances and facades relative to the adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian ways and relationships to other floors in the structure. Section 2. Section 12-7B-2, Permitted and Conditional Uses; Basement or Garden Level, (CC1 District) Vail Town Code, shall be amended as follows (text to be deleted is in text that is to be added is bold, and sections of text that are not amended have been omitted): A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 2. Personal services and repair shops, including the following: Beauty and barber shops. Commercial Ski Storage/Ski Club Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. Section 3. Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, (LMU-1 District) Vail Town Code, shall be amended as follows (text to be deleted is in stFikethreugh, text that is to be added is bold, and sections of text that are not amended have been omitted): A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure, Banks and financial institutions. Child daycare centers. Commercial Ski Storage/Ski Club Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Ordinance No. 8, Series 2014 -2- Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 4. Section 12-71-2, Permitted and Conditional Uses; Basement or Garden Level, (LMU-2 District) Vail Town Code, shall be amended as follows (text to be deleted is in strikethmugh, text that is to be added is bold, and sections of text that are not amended have been omitted): A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. GemmeercW cM ctarage. Commercial Ski Storage/Ski Club Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Ordinance No. 8, Series 2014 -3- Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 5. Section 12-8E-2, Permitted Uses; (SBR2 District) Vail Town Code, shall be amended as follows (text to be deleted is in strikethFaugh, text that is to be added is bold, and sections of text that are not amended have been omitted): The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee housing units, as further regulated by chapter 13 of this title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi -family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. Ski base oriented uses including the following: Ordinance No. 8, Series 2014 -4- rf c rcild+;g.- Commercial Ski Storage/Ski Club on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license. Section 6. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and are compatible with the development objectives of the town; b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote 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. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 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 of Vail and the inhabitants thereof. Ordinance No. 8. Series 2014 -5- Section 8. 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 9. 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 10. 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 18th day of March, 2014, and a public hearing for second reading of this Ordinance set for the 1st day of April, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 8, Series 2014 I PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8 Series of 2014, on the Town of Vail's web site, www.vailclov.com, on the 2"a day of April, 2014. Witness my hand and seal this viday of AA Q T my Nage A of Vail Cler • •O 40 (seal) , 2014. ORDINANCE NO. 8 SERIES OF 2014 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2: DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE AND THE DELINEATION OF DIFFERENT FLOORS OR LEVELS WITHIN A STRUCTURE, AND TO AMEND ARTICLES 12-713, 12-7H, 12-71 AND 12-8E REPLACING THE TERM "COMMERCIAL SKI STORAGE" WITH "COMMERCIAL SKI STORAGE/SKI CLUB", AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; WHEREAS, the existing term "Commercial Ski Storage" no longer accurately encompasses the types and operational characteristics of this use; WHEREAS, it is necessary to define a new term, "Commercial Ski Storage/Ski Club" that will accurately define the range of operations included in this use; WHEREAS, it is necessary to replace "Commercial Ski Storage" with "Commercial Ski Storage/Ski Club" in those zone districts where it is an allowable use; WHEREAS, the delineation of a structure into levels or floors is essential for the application of horizontal zoning; WHEREAS, the Town Council is committed to clarifying how a determination of floor level is made while maintaining the success of existing and future businesses within the Town of Vail; WHEREAS, it is not the intent of this ordinance to create non -conforming uses as a result of the clarifications to the definitions of floor levels; WHEREAS, the Community Development Department is committed to making the Town Code easily understood; WHERAS, from time to time is it necessary and prudent to update the Town Code, WHEREAS, on February 24, 2014, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the amendment; Ordinance No. 8, Series 2014 -1- NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows (text to be deleted is in 6tFikethFo gh, text that is to be added is bold, and sections of text that are not amended have been omitted): BASEMENT OR GARDEN LEVEL: For the purposes of implementing horizontal zoning within , basement or garden level shall be any floor, or portion of any floor, of a structure locatedsubstangagy below the first floor or street level of that structure, as determined by the administrator. More than one floor, or portions of a floor or floors, may be defined as basement or garden level within a single structure. For the purposes of determining floor level, the following factors may be considered; site topography, location of building entrances and facades relative to the adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian ways and relationships to other floors in the structure. .rnr_ra .. .. .. IN M - - COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: • Personal lockers • Boot dryers • Ski storage racks • Ski tuning • Food and beverage service • Areas for congregation and/or socializing • Restrooms and/or shower facilities • Non -winter activities • Concierge ski services • Retail sales • Business Center Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage/ski club. FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portions of a floor or floors, may be defined as first floor or street level within a single Ordinance No. 8, Series 2014 -2- structure. For the purposes of determining floor level, the following factors may be considered; site topography, location of building entrances and facades relative to the adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian ways and relationships to other floors in the structure. Section 2. Section 12-7B-2, Permitted and Conditional Uses; Basement or Garden Level, (CC1 District) Vail Town Code, shall be amended as follows (text to be deleted is in 6trikethFoug-4, text that is to be added is bold, and sections of text that are not amended have been omitted): A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 2. Personal services and repair shops, including the following: Beauty and barber shops. Commercial Ski Storage/Ski Club Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. Section 3. Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, (LMU-1 District) Vail Town Code, shall be amended as follows (text to be deleted is in text that is to be added is bold, and sections of text that are not amended have been omitted): A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial Ski Storage/Ski Club Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Ordinance No. 8, Series 2014 -2- Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 4. Section 12-71-2, Permitted and Conditional Uses; Basement or Garden Level, (LMU-2 District) Vail Town Code, shall be amended as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial Ski Storage/Ski Club Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Ordinance No. 8, Series 2014 -3- Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 5. Section 12-8E-2, Permitted Uses; (SBR2 District) Vail Town Code, shall be amended as follows (text to be deleted is in stfikethmugl4, text that is to be added is bold, and sections of text that are not amended have been omitted): The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee housing units, as further regulated by chapter 13 of this title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi -family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. Ski base oriented uses including the following: Ordinance No. 8, Series 2014 -4- Commercial Ski Storage/Ski Club on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license. Section 6. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and are compatible with the development objectives of the town; b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote 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. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 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 of Vail and Ordinance No. 8, Series 2014 -5- the inhabitants thereof. Section 8. 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 9. 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 10. 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 18th day of March, 2014, and a public hearing for second reading of this Ordinance set for the 1st day of April, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND AND FINAL READING this 1sth day of April, 2014, in the Council Chambers of the Vail Municipal Building, Vail Colorado. ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 8, Series 2014 Andrew P. Daly, Mayor W-Z