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HomeMy WebLinkAbout1994-21 Amending Chapter 18.04, Setting Forth Definitions for Active Outdoor Recreation, Interpretive Nature Walks, Nature Preserves, and Others; Amending Chapter 18.36 - Public Use District, Chapter 18.38 - Greenbelt and Natural Open Space District.j ' ~, ^~ ti ~"'<y ~ f ~ ~~ •pr ~, - ; ORDINANCE NO. 21 SERIES OF 1994 AN ORDINANCE AMENDING CHAPTER 18.04, SETTING FORTH DEFINITIONS FOR ACTIVE OUTDOOR RECREATION, INTERPRETIVE NATURE WALKS, NATURE PRESERVES, PASSIVE OUTDOOR RECREATION, PRIVATE, PUBLIC QUASI-PUBLIC, AND CHANGING THE SECTION NUMBER OF RECREATION STRUCTURE; AMENDING CHAPTER 18.36, PUBLIC USE D15TRICT; AMENDING CHAPTER 18.38 GREENBELT AND NATURAL OPEN SPACE DISTRICT; AND CREATING CHAPTER 18.33 OUTDOOR RECREATION DISTRICT; AND REPEALING SECTIONS 18.58,230 THROUGH 18.58.280, INCLUSIVE, AND 18.14.04.D., 18,15.040.D., 18.32,040.F., REGARDING HORSE GRAZING PERMIT; AND SETTING FORTH ^ETAILS IN REGARD THERETO. WHEREAS, the Tawn of Vail's economy is largely tourist based and the health of this economy relies upon maintaining active and passiva recreation; and WHEREAS, the Town of Vail's ability to provide such amenities while protecting sensitive natural resources depends upon appropriate land use; and WHEREAS, the Town Council recognizes the importance of its role in these efforts; and WHEREAS, the purpose of these regulations is to guarantee the preservation of natural resources while providing recreational activities. NOW, THEREI=ORE, BE IT ORDAINED BY THE TOWN COUNCIi- Off' THE TOWN OF VAIL, COLORADO THAT: Section 1 Chapter 18.04 -Definitions of the Municipal Code of the Tawn of Vail is hereby amended by the addition of Section 18.04.002 to read as follows: Section 18.04.002 Active outdoor recreation means outdoor recreational activities which involve organized or structured recreation that is associated with recreational facilities, excluding buildings. For example, active outdoor recreation would include, but not be limited to: athletic fields, playgrounds, outdoor basketball and tennis courts, outdoor swimming pools, sledding and skiing areas, fitness trails with exercise stations, etc. Section 2 Chapter 18.04 -Definitions of the Municipal Cade of the Town of Vail is hereby amended by the addition of Section of 18.04.185 to read as follows: Ordinance No, 21, 1 Series o1 1994 • ,. '~-~~.. Section 18.04.185 Interpretive nature walks shall mean unpaved pedestrian trails with either fixed signs ar marked points which are used to explain the natural flora, fauna, geology, geography, or history in the immediate area. This use would exclude all mechanical vehicles except wheelchairs and maintenance equipment. Section 3 Chapter 18.04 - Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.257 to read as follows: Section 18,04.257 Nature preserves shall mean areas of land and/or water that are managed primarily to safeguard the flora, fauna and physical features it contains, while not precluding public access. Section 4 Chapter 1$.04 -Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.273 to read as follows: Section 18.04.27 ~ Passive outdoor recreation shall mean outdoor recreation activities which involve unstructured recreation which does not require facilities or special grounds. Passive outdoor recreation would include: picnicking, fishing, walking, hiking, cross country skiing, informal playing fields, etc. Section 5 Chapter 18.04 -Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.278 to read as follows: Section 18.04.278 Private shall mean a use, area, property ar facility which is not public. Section 6 Chapter 18.04 -Definitions of the Municipal Cade of the Town of Vail is hereby amended by the addition of Section 18.04.279 to read as follows: C7rdinance No. 2t, 2 Snrlaa of L99A ~ 1f Section 18.04.279 Public shall mean a use, area, property or facility which: a. is owned and operated by a governmental entity, and functions or is available for use by ail persons whether with ar without charge; ar b. is owned or operated by a person or entity other than a governmental entity, and functions or is available for use by all persons without charge. Section 7 Chapter 18.04 -Definitions of the Municipal Code of the Town of Vail is hereby amended by the addition of Section 18.04.282 to read as follows: Section 18.04.282 Quasi-public shall mean a use which is characterized by its availability to the public, with or without cost, but which is conducted by an entity, organization, or person which is not a governmental entity. Section 8 Chapter 18.04 -Definitions of the Municipal Code of the Town of Vail is hereby amended to change the section number of Recreation Structure #ram 18.04.280 to 18.04.285. Section 9 Title 18 of the Vail Municipal Code is hereby amended by the addition of Chapter 18.33 to read as follows: Chapter 18.33 -Outdoor Recreation fOR) District Sections: 18.33.010 -Purpose. 18.33.020 -Permitted uses, 18.33.030 -Conditional uses. 18.33.040 -Accessory uses. i 8.33.050 -Lot area and site dimensions. 18.33.060 -Setbacks. 18.33.08D -Height. 3 Ordinance FIo. 21, Serles of 1994 18.33.090 -Density. 18.33.110 -Site Coverage. 18.33.130 -Landscaping and site development. 18.33.140 -Parking. 18.33.1 ~0 -Additional development standards. 18.33.010 -Purpose. The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 18.33.020 _ Permitted uses. The following uses shall be permitted in the OR district: A. Passive outdoor recreation areas and open spaces; B. Nature preserves; C. Bicycle paths and pedostrian walkways; D. Interpretive nature walks. 18.33.030 -Conditional uses. The following conditional uses shall be' permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Public parks and active public outdoor recreation areas and uses, excluding buildings; B. Equestrian trails, used only to access National Forest system lands; C. Ski lifts, tows and runs; D. Cemeteries; E. Well water treatment facilities; F. Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or Conditiona{ outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, cancessians, storage buildings, and similar uses. 18.33.D40 - Accessory uses. The following accessary uses shad! be permitted in the OR district: A. Accessary uses in the OR district are subject to conditional use pormit review in accordance with the provisions of Chapter 18.60. 4 Ordinance Na. 21, ser~eg o1 tsaa 18.33.050 -Lot area and site dimensions. Not applicable in the OR district. 18.33.060 -Setbacks. In the OR district, the minimum setback shall be twenty feet from all property lines, except as may bo further restricted by the PEC in conjunction with the issuance of a conditional use permit in accordance with the provisions of Chapter 18.60. 18.33.080 - Heiaht. For a flat roof or mansard roof, the height of buildings shall not exceed twenty-one feet. 1=or a sloping roof, the height of buildings shall not exceed twenty-four feet. 18.33.080 -Density. Not applicable in the OR district. 18.33.110 -Site coverage. Site coverage shall not exceed five percent of the total site area. 18.33.130 - Landscaping and site development Landscape requirements shall tae determined by the Design Review Board in accordance with chapter 18.54. 18.33.140 - Parkina. Off-street parking shall be provided in accordance with Chapter 18.52. 18.33.150 - Additional development standards.. Additional regulations pertaining to site development standards and the development of land in the outdoor recreation district are found in Chapter 18.58, Supplemental Regulations. Section 10 Chapter 18.36, Public Use (PUD) District, is hereby repealed and reenacted to read as follows: Chapter 18.36 -General Use {GUl District Sections: 18.36.010 -Purpose. 18.36.020 -Permitted uses. 18.36.030 -Conditional uses -Generally. 18.36.Q40 -Accessory uses. 18,36.050 -Development standards. 18.36.060 -Additional development standards. Ordinance No. 27, Series of 7984 ' ~ ~ ~ . 18.36.010 -Purpose. The general use district is intended to provide sites for public and quasi-public uses which, bocause of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and far which development standards especially prescrbed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section i 8.02.02fl and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of usos. 18.36.020 -Permitted uses. The following uses shall be permitted in the GU district: A. Passive outdoor recreation areas, and open space; B. Pedestrian and bike paths. 18.36.030 -Conditional uses -Generally. The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions at Chapter 18.ti0: A. Public theaters, meeting roams and convention facilities; B. Public parking facilities and structures; C. Public transportation terminals; D. t ublic utilities installations including transmission lines and appurtenant equipment; ~. Water and sewage treatment plants; ' F. Public and quasi-public indoor community facility; G. Public buildings and grounds; H. Public and private schools and educational institutions; I. Public arad private parks and active outdoor recreation areas, #acilities and uses; J. calf courses; K. Ski lifts, taws and runs; L. Churches; M. Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities; ordinenca No. 21, Series a! 199A . _- N. Equestrian trails; Q. Public touristlguest service related facilities; P. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises; Q. Major Arcade; R. Helipad for emergency and/or community use; S. Type III EHU as defined in Section 18.57.060; T. Type IV EHU as defined in Section 18.57.070; U. 5easona! structures ar uses to accommodate educational, recreational or culture! activities; V. The following conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure: •offices; •transitlshuttle services; •sundries shops; •restaurants; •ski and bike storage facilities; •touristlguest service related facilities. 18.36.x40 - Accessarv uses. The following accessory uses shall bo permitted in the GU district: A. Miner arcade; c B. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof, with the exception of buildings. 18.36A5x -Development standards. In the General Use District, development standards In each of the following categories shall be as prescribed by the Planning and Environmental Commission: A. Lot area and site dimensions; B. Setbacks; C. E3uilding height; D. Density control; E. Site coverage; F. Landscaping and site development; G. Parking and Loading. Ordinance No. 2t, 7 series of issa Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the Planning and Environmental Commission during the review of the conditional use request in accordance with the provisions of Chapter 18.60. 18.36.060 Additional development standards. Additional regulations pertaining to site development standards and the development of land in the General Use District are found in Chapter 18.88, Supplemental Regulations. Section 11 Chapter 18.38, Greenbelt and Natural Open Space (GNOS~ District, is hereby repealed and reenacted to read as follows: Section 18.38 -Natural Area Preservation f NAPS District Secfions: Section 18.38.010 -Purpose. Section 18.38.020 -Permitted uses. Section 18.38.030 -Conditional uses. Section i 8.38.040 -Accessory uses. Section 18.38.450 -Development standards. Section 18.38.060 -Parking and loading. Section 18.38.070 _ Additional development standards. 18.38.010 -Purpose. The natural area preservation district is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in section 18.38.020 (Permitted uses) . The natural area preservation district is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The natural area preservation district includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is imporkant for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the Ordlnanca No. 21, 8 Sarlas oT 1894 i ~ y .~ r r 1 e ~~ '.. natural character of Vail which is so vital to the Town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. 18.38.020 -Permitted uses. The following shall be permitted uses in the NAP district: A. Nature preserves. 18.38.030 -Conditional uses. The following conditional uses shaft be permitted in the NAP district, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Equestrian trails, used only ko access National Forest system [ands; B. Paved and unpaved, non-motorized, bicycle paths and pedestrian walkways; C. Interpretive nature walks; f]_ Picnic tables and informal seating areas; E. Parking, when used in conjunction with a permitted or conditional use; F. Other uses customarily incidental and accessary to permitted or conditional uses and necessary for the operation thereof, with the exception of buildings. 18.38.040 -Accessory uses. Not applicable in the NAP district. 18.38.050 -Development standards. Not applicable in the NAP district. 18.38.060 -Parkins and loading. Parking and loading requirements will be determined by the Planning and Environmental Commission during the review of conditional use requests in accordance with the provisions of Chapter 18.8D. 18.38.070 -Additional development standards. Additional regulations pertaining to site development standards and the development of land in the Natural Area Preservation District are found in Chapter 18.58, Supplemental Regulations. Section 12 Alf provisions within the Town Code that provide for horse grazing or horse grazing permits are repealed, including Sections 18.58.230 through 18.58.280, inclusive, and 18.14.040.©., i 8.16.040.D., and 18.32.040,F. • ordinance No. 2t, 9 Series of 1994 f L + ~ r k +• sr ..... ~ ~' 1~ Section ~3 ff 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 14 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 15 Tha repeal or the repeat and reenactment of any provision of tho Vail Municipal Gode 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 of by virtue of the provision repealed or repeated and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance proviously repealed or superseded unless expressly stated herein. Section 16 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 ar ordinance, or part thereof, theretofore repealed. Ordinance Nu, 21, O Sarlas of 1984 d r.: .~~ r INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 20th day of September, i 994. A public hearing shall be held hereon on the 4th day of October, 1994, at the regular meeting of tho Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Mer v Lapin, Mayor Pro-Tem ATTEST: ~ `~~~~ ~. I~ ~~x Holly McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of October, 199. 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