Loading...
HomeMy WebLinkAbout2016-02 Amending Title 12, Zonig Regulations to allow Religious Institutions as a Conditional Use in all Zone Districts and Amending the Definition of Religious InstitutionsORDINANCE NO. 2 Series of 2016 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A ZONING CODE TEXT AMENDMENT TO ALLOW FOR RELIGIOUS INSTITUTIONS AS A CONDITIONAL USE IN ALL ZONE DISTRICTS EXCEPT THE FOLLOWING DISTRICTS: HEAVY SERVICE (HS); OUTDOOR RECREATION (OR); NATURAL AREA PRESERVATION (NAP); HILLSIDE RESIDENTIAL (HR); SINGLE FAMILY RESIDENTIAL (SFR); TWO-FAMILY RESIDENTIAL (R); TWO-FAMILY PRIMARY/SECONDARY (PS); HOUSING (H); VAIL VILLAGE TOWNHOMES (VVT); AND ARTERIAL BUSINESS (ABD); AMENDING THE DEFINITION OF RELIGIOUS INSTITUTIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments on November 9, 2015 and December 14, 2015 in accordance with the provisions of the Vail Town Code; WHEREAS, the Planning and Environmental Commission recommended approval of these amendments at its December 14, 2015 meeting, and has submitted its recommendation to the Council; WHEREAS, the Council finds that the proposed 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; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; 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. Purpose The purpose of this ordinance is to establish additional zoning districts that will allow for Religious Institutions, thereby improving the ability to locate Religious Institutions in the Town and helping bring the Vail Town Code into greater compliance the Religious Land Use and Institutionalized Persons Act. Language added is shown in bold, and language proposed for removal is shown as Section 2. Section 12-2-2 DEFINITIONS OF WORDS AND TERMS, Vail Town Code, is hereby amended as follows: RELIGIOUS INSTITUTION: A building or portion of a building used primarily for public worship by any number of congregations, along with those incidental and secondary uses such as a dwelling unit for members of the clergy or other spiritual leaders, office space, meeting rooms, and classrooms for religious education and community meeting space, but excluding buildings used exclusively for residential, educational, recreational or other uses not associated with public worship. Includes churches, chapels, cathedrals, temples, and similar designations. Section 3. Section 12-6E-3 CONDITIONAL USES is hereby amended as follows: 12-6E-3 CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this tile: Religious institutions. Section 4. Section 12-6F-3 CONDITIONAL USES is hereby amended as follows: 12-6E-3 CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this tile: Religious institutions. Section 5. Section 12-6G-3 CONDITIONAL USES is hereby amended as follows: 12-6G-3 CONDITIONAL USES: The following conditional uses shall be permitted in the MDMF district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this tile: Religious institutions. Section 6. Section 12-61-1-3 CONDITIONAL USES is hereby amended as follows: 12-61-1-3 CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this tile: Religious institutions. Section 7. Section 12-713-2 PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL is hereby amended as follows: B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 8. Section 12-713-4 PERMITTED AND CONDITIONAL USES; SECOND FLOOR is hereby amended as follows: B. Conditional Uses: The following uses shall be permitted on second floors, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 9. Section 12-7C-4 CONDITIONAL USES; GENERALLY is hereby amended as follows: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 10. Section 12-7D-2: CONDITIONAL USES is hereby amended as follows: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Religious institutions. Section 11. Section 12-7E-4: CONDITIONAL USES is hereby amended as follows: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 12. Section 12-71-1-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL is hereby amended as follows: B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 13. Section 12-71-1-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL is hereby amended as follows: B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 14. Section 12-71-1-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: is hereby amended as follows: B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 15. Section 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: is hereby amended as follows: B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 16. Section 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: is hereby amended as follows: B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 17. Section 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: is hereby amended as follows: B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 18. Section 12-7J-3: CONDITIONAL USES: is hereby amended as follows: The following conditional uses shall be permitted in the PA -2 district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 19. Section 12-8D-3 CONDITIONAL USES: is hereby amended as follows: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious Institutions. Section 20. Section 12-8E-3 CONDITIONAL USES: is hereby amended as follows: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Religious institutions. Section 21. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 22. 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 23. 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 24. 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 5th day of January, 2016 and a public hearing for second reading of this Ordinance set for the 19th day of January, 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. %ave4Chain, Mayor ATTEST: •''•......•'_<3 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING, AND ORDERED PUBLISHED IN FULL this 19th day ofJanuary, 2016 ve CFlapin, ATTEST: OF Patt c nny, Jerk ;SEAL; , cOIORP�