HomeMy WebLinkAbout1979-22 Amending the Vail Municipal Code to Allow One Single Family Residential Unit in the Two-Family Residential District and Two-Family Primary/Secondary Residential District on Lots of Less than 15,000 Square Feet• • ~
,~ y ORDINANCE N0. 22
Series of 1979
AN ORDINANCE AMENDING THE VAIL MUNICIPAL
CODE TO ALLOW ONE SINGLE FAMILY RESIDENTIAL
UNIT IN THE TWO-FAMILY RESIDENTIAL DISTRICT
AND TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL
DISTRICT ON LOTS OF LESS THAN 15,000 SQUARE
FEET; PROVIDING EXCEPTIONS THERETO; AND
SETTING FORTH DETAILS RELATING THERETO;
WHEREAS, presently all lots in the Two-Family Residential
and Primary/Secondary Residential District are permitted two dwellings;
WHEREAS, the Town Council is of the opinion that lots of less
than 15,000 square feet would be over-crowded with two units;
WHEREAS, only under certain exceptions should there be more
than one dwelling unit on a lot less than 15,000 square feet;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Vail Municipal Code is amended by the repeal
and reenactment of Section 18.12.090 and 18.13.080 to read as follow:
18.12.090 DENSITY CONTROL (Two Family Residential District)
(A) Not more than a total of two dwelling units in
a single structure shall be permitted on each
site with only one dwelling unit permitted on
lots of less than 15,000 square feet, and not
more than 25 square feet of gross residential
floor area (GRFA) shall be permitted for each
100 square feet for the first 15,000 square feet
of site area, plus not more than 10 square feet
of gross residential floor area shall be permitted
for each 100 square feet of site area over 15,000
square feet not to exceed 30,000 square feet of
site area, plus not more than five square feet of
gross residential floor area for each 100 square
feet of site area in excess of 30,000 square feet.
No two family residential lot except those totally
in the red hazard avalanche zone, or the flood
plain, or those of less than 15,000 square feet
shall be so restricted that it cannot be occupied
by a two-family dwelling.
(B) The Planning and Environmental Commission may grant
an exception to the restrictions of this Section
relating to lots of less than 15,000 square feet
to allow the addition of a second dwelling unit if
the following criteria are met:
(1) The second unit shall not exceed 1/3 of the
total GRFA allowed on the lot; and
(2) The Planning and Environmental Commission shall
find that the granting of the exception will not
be detrimental to the public welfare or injurious
to other property in the area in which the subject
property is situated; and
r Ordinan~lo. 22 ~ Page Two
(3) That the applicant shall agree to in writing:
(a) That the Secondary dwelling unit shall not
be sold, transferred, or conveyed separately
from the primary unit.
(b) That the secondary dwelling unit shall not
be leased or rented for any period of less
than 30 consecutive days; and that it shall
be rented only to tenants who are residents
of the Upper Eagle Valley or who are full-time
employees in the Upper Eagle Valley. The "Upper
Eagle Valley" shall be deemed to include the Gore
Valley, Minturn, Red Cliff, Gilman, Eagle-Vail,
and Avon and their surrounding areas. A "Full-
time employee" is a person who works an average
of 30 hours per week.
(c) That the secondary dwelling unit shall not be
divided into any form of time-shares, interval
ownership or fractional fee; and
(d) That a declaration of covenants and restrictions
shall be filed of record in the office of the
Eagle County Clerk and Recorder in a form approved
by the Town Attorney for the benefit of the Town
to insure that the restrictions herein shall run
with the land; and
(4) No such exception shall be granted unless a written
application has been submitted to and considered by
the Planning and Environmental Commission in accordance
with the provisions of Chapter 18.66 of the Zoning Code
of the Town of Vail.
18.13.080 DENSITY CONTROL (Two Family Primary/Secondary Residential
District)
(A) Not more than a total of two dwelling units in a single
structure shall be permitted on each site, with only one
dwelling unit permitted on lots of less than 15,000 square
feet, and not more than 25 square feet of gross residential
floor area (GRFA) shall be permitted for each 100 square
feet of site area, plus not more than 10 square feet of
gross residential floor area shall be permitted for each
100 square feet of site area over 15,000 square feet not
to exceed 30,000 square feet of site area, plus not more
than five square feet of gross residential floor area for
each 100 square feet of site area in excess of 30,000 square
feet. No two family residential lot except those totally in
the red hazard avalanche zone, or the flood plain, or those
of less than 15,000 square feet shall be so restricted that
it cannot be occupied by a two family primary/secondary
residential dwelling.
(B) The Planning and Environmental Commission may grant an
exception to the restrictions of this Section relating
to lots of less than 15,000 square feet to allow the
addition of a second dewlling unit if the following
criteria are met:
(1) The second unit shall not exceed 1/3 of the total
GRFA allowed on the lot; and
(2) The Planning and Environmental Commission shall find
that the granting of the exception will not be detrimental
to the public welfare or injurious to other property in
the area in which the subject property is situated; and
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Ordinance No. 22 Page Three
(3) The applicant shall agree in writing:
(a) That the second dwelling unit shall not be sold,
transferred, or conveyed separately from the pri-
mary unit; and
(b) That the secondary dwelling unit shall not be
leased or rented for any period of less than
30 consecutive days; and that it shall be rented
only to tenants who are residents of the Upper
Eagle Valley or who are full-time employees in
the Upper Eagle Valley. The "Upper Eagle Valley"
shall be deemed to include the Gore Va11ey,
Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon
and their surrounding areas. A "Full-time employee"
is a person who works an average of 30 hours per week.
(c) That the secondary dwelling unit shall not be divided
into any form of time-shares, interval ownership or
fractional fee; and
(d) That a declaration of covenants
shall be filed of record in the
Eagle County Clerk and Recorder
by the Town Attorney for the bei
to insure that the restrictions
with the land; and
and restrictions
office of the
in a form approved
ref i t of the Town
herein shall run
(4) No such exception shall be granted unless a written
application has been submitted to and considered by
the Planning and Environmental Commission in accordance
with the provisions of Chapter 18.66 of the Zoning Code
of the Town of Vail.
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ORDINANCE N0. 22 ~ PAGE 4
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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 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 3. 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 .
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL THIS 17 day of JII~Y , 1979, and
a public hearing on this ordinance shall be held at the regular
meeting of the Town Council of the Town of Vail, Colorado, on
the 7th day of AUGUST , 1979
G s~~'~
ayor / O ~
ATTEST:
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INTRODUCED OIJ SECOND READING, READ, APPROVED AND ORDERED PUBLISHED
BY TITLE OiVLY THIS 7th DAY OF AUGUST, 1979.
C.
ATTES~ l / - AYOR /
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TOWN~LERK