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HomeMy WebLinkAbout2021-25PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25, Series of 2021, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 8t" day of December 2021. Witness my hand and seal this 8t" day of December 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 25 SERIES OF 2021 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, VAIL TOWN CODE, TO ALL FOR UNDERGROUND CAR LIFTS TO BE ADDED AND EXEMPTED FROM GRFA CALCULATIONS WHEREAS, on September 10, 2021, the Applicant filed an application for a prescribed regulation amendment (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for a prescribed regulation amendment; WHEREAS, on November 8, 2021, the Planning and Environmental Commission (the "PEC") held a properly -noticed public hearing on the Application, and recommended that the Town Council approve the Application; WHEREAS, the Council finds that the proposed amendment is 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; and WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote 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 12-15-13(A)(1)(a), Vail Town Code, Definition, Calculation, and Exclusions, is hereby amended to read as follows: (9) Underground vaults with a mechanical lift system for the purpose of enclosed parking, if all the following criteria are met: A. The vault is only used for the storage of vehicles. B. The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16') in height. C. The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. D. The vault is only accessible from within the garage. E. Any openings to the vault shall be no larger than the minimum required by Building Code. -1- 12/8/2021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE 25 (DRAFT 2) W MIRE EDITS. DOCX F. The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title. Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. 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 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 4. 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 7th day of December, 2021 and a public hearing for second reading of this Ordinance set for the 21St day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21 st day of December, 2021. Kim Langmaid, Mayor ATTEST: -2- 12/8/2021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE 25 (DRAFT 2) W MIRE EDITS. DOCX Tammy Nagel, Town Clerk -3- 12/8/2021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE 25 (DRAFT 2) W MIRE EDITS.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25, Series of 2021, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 24t" day of December 2021. Witness my hand and seal this 24t" day of December 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 25 SERIES OF 2021 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, VAIL TOWN CODE, TO ALL FOR UNDERGROUND CAR LIFTS TO BE ADDED AND EXEMPTED FROM GRFA CALCULATIONS WHEREAS, on September 10, 2021, the Applicant filed an application for a prescribed regulation amendment (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for a prescribed regulation amendment; WHEREAS, on November 8, 2021, the Planning and Environmental Commission (the "PEC") held a properly -noticed public hearing on the Application, and recommended that the Town Council approve the Application; WHEREAS, the Council finds that the proposed amendment is 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; and WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote 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 12-15-13(A)(1)(a), Vail Town Code, Definition, Calculation, and Exclusions, is hereby amended to read as follows: (9) Underground vaults with a mechanical lift system for the purpose of enclosed parking, if all the following criteria are met: A. The vault is only used for the storage of vehicles. B. The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16') in height. C. The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. D. The vault is only accessible from within the garage. E. Any openings to the vault shall be no larger than the minimum required by Building Code. -1- 12/15/2021 S:ICOMMUNITYDEVELOPMENTIPLANNINGIGREGIPEC CASESIPEC21-00467C DOCSIORDINANCE 25 (SECOND READING).DOCX F. The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title. Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. 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 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 4. 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 7t" day of December, 2021 and a public hearing for second reading of this Ordinance set for the 215t day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21 st day of December, 2021. Kim Langmaid, Mayor ATTEST: -2- 12/15/2021 S:ICOMMUNITYDEVELOPMENTIPLANNINGIGREGIPEC CASESIPEC21-00467C DOCSIORDINANCE 25 (SECOND READING).DOCX Tammy Nagel, Town Clerk -3- 12/15/2021 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASESIPEC21-00467C DOCSIORDINANCE 25 (SECOND READING).DOCX