HomeMy WebLinkAbout2016-04 Amending Title 12, Zonig Regulations pursuant to Section 12-3-7, 12-6c-8 and 12-6D-8 to provide an exception to the minimum lot size for properties in the two-family residential and the two-fmail primary/secondary residentional districtsORDINANCE NO. 4
Series of 2016
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN
CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTIONS 12-
6C-8 AND 12-6D-8, TO PROVIDE AN EXCEPTION TO THE MINIMUM LOT SIZE FOR
PROPERTIES IN THE TWO-FAMILY RESIDENTIAL (R) AND THE TWO-FAMILY
PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICTS, 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 a public hearing on the proposed amendment on February 8, 2016 in
accordance with the provisions of the Vail Town Code;
WHEREAS, the Planning and Environmental Commission recommended
approval of these amendments at its February 8, 2016 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; 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. Purpose
The purpose of this ordinance is amend Title 12, Sections 12-6C-8 and 12-6D-8, to
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provide an exception to the minimum lot size for properties in the Two -Family
Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that
were annexed into the Town of Vail with two dwelling units and are now nonconforming
due to lot size requirements.
Language added is shown in bold.
Section 2. Section 12-6C-8: DENSITY CONTROL, Vail Town Code, is hereby
amended as follows:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
1. Exception: Properties that meet all of the following three (3)
conditions shall be permitted a total of two (2) dwelling units on
existing lots less than fourteen thousand (14,000) square feet.
a. The property was annexed into the Town of Vail with two (2)
existing dwelling units on a lot less than fourteen thousand
(14,000) square feet.
b. The property as of April 1, 2016 contained two (2) dwelling
units on a lot less than fourteen thousand (14,000) square feet.
c. At no time between the property's annexation and April 1, 2016
did the property contain less than two (2) dwelling units.
2. Discontinuance of Exception: If at any time any property as
described above develops or redevelops with only one (1) dwelling
unit, this exception for the allowance of two (2) units shall no longer
be valid for such property.
Section 3. Section 12-6D-8: DENSITY CONTROL, Vail Town Code, is hereby
amended as follows:
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A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
1. Exception: Properties that meet all of the following three (3)
conditions shall be permitted a total of two (2) dwelling units on
existing lots less than fourteen thousand (14,000) square feet.
a. The property was annexed into the Town of Vail with two (2)
existing dwelling units on a lot less than fourteen thousand
(14, 000) square feet.
b. The property as of April 1, 2016 contained two (2) dwelling
units on a lot less than fourteen thousand (14,000) square feet.
c. At no time between the property's annexation and April 1, 2016
did the property contain less than two (2) dwelling units,
2. Discontinuance of Exception: If at any time any property as
described above develops or redevelops with only one (1) dwelling
unit, this exception for the allowance of two (2) units shall no longer
be valid for such property.
Section 4. 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 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 5. The 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 6. 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 7. 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.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of March,
2016 and a public hearing for second reading of this Ordinance set for the 15th day of
March, 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
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ave Chapin, May
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ATTEST:
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Patt c enny, T Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of March, 2016.
ATTEST
PattyMcK�nny, TgWn�Clerk
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