The URL can be used to link to this page

Home My WebLink About1982-25 Amending Sections 18.24.020(c), 18.24.030(c), 18.25.040(b), 18.24065(A) 18.26.045(a)_. f ORDINANCE #25 (Series of 1982) AN ORDINANCE AMENDING SECTIONS 18.24.020(C), 18.24.030(C), 18.24.040(6), 18.24.065(A), and 18.26.045(A) OF THE VAIL MUNICIPAL CODE, PROVIDING FOR A CHANGE IN THE REVIEW PROCESS FOR ADDING OUTDOOR PATIOS IN COMMERCIAL CORE I AND COMMERCIAL CORE II AND PROVIDING DETAILS IN RELATION THERETO. WHEREAS, the Vail Village and Vail Lionshead Urban Design Considerations encourage the addition of outdoor dining decks and patios, and WHEREAS, the current procedure for reviewing applications for the addition of outdoor patios does not enable an applicant to present such a request for review other than on two separate dates throughout each year, and WHEREAS, the Department of Community Development has recommended to the Planning and Environmental Commission that changing the review process for the addition of outdoor patio area to a conditional use review would serve better to encourage such proposals, and WHEREAS, the Planning and Environmental Commission has recommended the proposed amendments, and WHEREAS, the Town Council is of the opinion that the following changes would be in the public interest. NOW, THEREFORE, BE IT ORDAINED THAT: Section 1. Chapters 18.24 and 18.26 are amended as follows: a. Section 18.24.020(C) is amended to include: 9. Outdoor Patios b. Section 18.24.030(C) is amended to include: 6. Outdoor Patios c. Section 18.24.040(6) is amended to include: 8. Outdoor Patios d. Section 18.24.065(A) is amended as follows: 18.24.065 Exterior alterations or modifications -- Procedure. All alterations of the exterior of an existing building in CC1 shall comply with the following procedure: A. The alteration of an existing building which adds or removes any enclosed floor area ew-eatdee~-pat}e or the replacement of an existing building shall be subject to review by the planning and environmentaal commission as follows: 1. Application shall be made by the owner of the building or agent on a form provided by the zoning administrator; 2. The public hearing before the planning and environmental commission shall be held in accordance with Sections 18.66.060 through 18.66.090. A decision of the planning and environmental commission may be appealed to the town council in accordance with the procedure specified in section 18.60.070; r ,, ~ ~ Page 2 3. It shall be the burden of the applicant under this subsection A to prove by a preponderance of the evidence before the planning and environmental commission that the proposed building alteration is in compliance with the purposes of the CC1 district as specified in 18.24.010; and that the proposal substantially complies with the Vail Village urban design guide plan and design considerations or that the proposal does not otherwise alter the character of the neighborhood; 4. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or, if the planning and environmental commission finds that the applicant failed to meet his burden of proof, it may deny the application; 5. Applications for this subsection A shall be submitted semiannually on or before the fourth Monday of May and November. The planning and environmental commission shall then hold a preliminary review session within twenty-one days of the above submittal date. A public hearing shall then be held within sixty days of the preliminary review session. For projects which are deemed by the commission to constitute a major amendment to the approved Vail Village urban design guide plan or otherwise constitute a significant impact on the town, a ninety-day study period may be requested by the planning and environmental commission, prior to a final disposition of such projects. e. Section 18.26.045(A) is amended as follows: 18.26.045 Exterior alterations or modifications -- Procedure. All alterations of the exterior of an existing building in CC2 shall comply with the following procedure: A. The alteration of an existing building which adds or removes any enclosed floor area e~-ebtdee~-pat}e or the replacement of an existing building shall be subject to review by the planning and environmental commission as follows: 1. Application shall be made by the owner of the building or his agent on a form provided by the zoning administrator; 2. The hearing before the planning and environmental commission shall be held in accordance with Sections 18.66.060 through 18.66.090. A decision of the planning and environmental commission may be appealed to the town council in accordance with the procedure specified in Section 18.60.070; 3. It shall be the burden of the applicant under subsection A to prove by a preponderance of the evidence before the planning and environmental commission that the proposed building alteration is in compliance with the purposes of the CC2 district as specified in 18.26.010; and that the proposal complies with the Vail Lionshead urban design guide plan and design considerations or that the proposal does not otherwise alter the character of the neighborhood; 4. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or, if the planning and environmental commission finds that the applicant failed to meet his burden of proof, it may deny the application; 5. Applications for this subsection A shall be submitted semiannually on or before the fourth Monday of May and November. The planning and environmental commission shall then hold a preliminary review session within twenty-one days of the above submittal date. A public hearing shall then be held within sixty days of the preliminary review session. For projects which are deemed by the commission to constitute a major amendment to the approved Vail Lionshead urban design guide plan or otherwise constitute a significant impact on the town, a ninety-day study period may be requested by the planning commission, prior to a final disposition of such projects. ~.~- '~ i •~ Page 3 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 by declared invalid. Section 3. 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 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal 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 repealed or repealed or reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ~ INTRODUCED, READ AND PASSED ON FIRST READING THIS 17th day of August, 1982, ~- and a public hearing shall be held on this ordinance on the 31st day of August, 1982, r at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail Colorado, r .~ . Ordered published in full this 17th day of August, 1982. _, ~.~~~ Ro`dne E. lifer~~ bfahdr y ATTEST: n, //~' Colleen K ine, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only thi s 7th day of Sept . , 1982. %~ ~:~~' '}rodne E~ Slifer GMa or Y ~ ~ ATTEST: .~-- ai `~ Colleen Kline, Town Clerk