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HomeMy WebLinkAbout1995-25 Amending Section 18.24.050(B) of the Vail Municipal Code Setting Forth New Procedures for Eliminating Any Existing Dwelling Unit or Accommodation Unit or Any Portion Thereof Above the Second Floor in Commercial Core I and II Zone Districts. ; ORDINANCE No. 25 SERIES OF 1995 AN ORDINANCE AMENDING SECTION '18.24.050 {B) OF THE MUNICIPAL CODE OF THE TaWN OF VAIL, SETTING FORTH NEW PROCEDURES FOR ELIMINATING ANY EXISTING DWELLING UNIT OR ACCOMMODATION UNIT OR ANY PORTION THEREOF ABOVE THE 'SECOND FLOOR IN COMMERCIAL CORE 1 AND COMMERCIAL CORE li ZONE DISTRICTS, WHEREAS, the Town Council believes the following amendment will create more consistency within the zoning code and help to carry out the intentions of the Commercial Core I and Commercial Code If Zone Districts; WHEREAS, the Planning and Environmental Commission recommends the amendment; WHEREAS, the Town Council believes it has been the intention to require Planning and Environmental Commission review of a proposal to eliminate an existing dwelling unit or accommodation unit or any portion thereof to another Permitted or Conditional Use, subject to the issuance of a Conditiana! Use Permit in accordance with Chapter 18.60 of the Zoning Code; and WHEREAS, the Town Council believes the proposed amendment will insure that a request to combine or enlarge existing dwelling or accommodation units in#o one ar more units will be reviewed by the Town of Vail Planning and Environmental Commission, NOW, THEREFORE, BE 1T ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VA1L, COLORADO that: 1, Section 18.24.050 Permitted and conditional uses -Above second floor. A. The following uses shall be permitted on any float above the second floor above grade: 1. Multiple-family residential dwellings; 2. Lodges. B. The following uses shah be permitted on any floor above the second #loor above grade, subject to the issuance of a conditiona! use permit in accordance with the provisions of Chapter 18.60. Any permitted ar conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a Conditional Use Permit. Such uses may include: 1. Retail stores and establishments, including the fiol[owing: Apparel stares, Art supply stores and galleries, Bakeries and confectioneries, restricted to preparation of products specifically for sale an the premises, Bookstores, Camera stores and photographic studios, Chinaware and glassware stores, Delicatessens and specialty food stores, Drugstores, Florists, Gift shops, Hobby stores, Jewelry stores, 1 Ordinance No. 25, 5©ries of 1~JrJ5 ~l Leather goods stores, Luggage stores, Music and record stores, Newsstands and tobacco stores, Photographic studios, Stationery stores, Toy stares, Variety StOreS, Yardage and dry goods stares, Liquor stores, Radio and TV stores and repair shops, Sporting good stares; 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specificaEly for sale on the premises, Cocktail lounges and bars, Coffee shops, Fountain and sandwich shops, Restaurants; 8. Professional offices, business offices, and studios; 4. Hanks and financial institutions; 5. Personal services and repair shops, including the fopowing: Barbershops, Beauty shops, Business and office services, Small appliance repair shops, Tailors and dressmakers, Travel and ticket agencies; 6. Theaters; 7. Additional Uses determined to be similar to permitted uses described in subparagraphs ~ through 5 of this section in accordance with the provisions of Section 18.66.040, so long as they do not encourage vehicular traffic; 8. Reserved; 9. Type lli EHU as defined in Section 18.57.060; 10. Type 1V EHU as defined in Section 18.57.070. 2. If any part, section, subsec#ion, 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 mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. 2 Ordinance No. 25, Series of 1995 ~. 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vaii as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any vio{ation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ~. All bylaws, orders, resolutions, and ordinances, ar parts thereof, inconsistent herewith are repealed to the extend 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of December, 1995, and a public hearing shat[ be held on this Ordinance an the 2nd day of January, 1996, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~ ~ Robert W. Armour, Mayor ATTEST: Holly L. MrCu#cheon, Tawn Clerk ~6c1 fife READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ir~ll-t#ie ~-~ 'Zu.c~ day of ~~l2LLl.Ur,P~ , 199fi. L~ R Bert W. Armour, Mayor ' A TEST: ~~ ~~~ Haliy~ L. McCutcheon, Town Clerk C:10RD95,25 Ordinance No. 75, Sori©s of 1995 ~ i • MEMORANDUM TU: Planning and Environmental Commission FROM: Community Development Department DATE: November 27, 1995 SUBJECT: A request for an amendment to Chapter 18.24.050 {B}, Permitted and Conditional Uses Above Second Floor, to clarify the zoning code regarding the removal of dwelling units and accommodation units far all floors above the second floor, requiring a Conditional Use Permit. Applicant: Town of Vail Planner: George Ruther I. INTRODUCTION Section 18.24.050, (Permitted and Conditional Uses -Above Second Floor) of the zoning code permits numerous uses above the second floor in Commercial Care I and Commercial Core ff. Examples of conditional uses in Commercial Care I and Commercial Core li are retail stores, restaurants, professional offices, etc.. Multi-family residential dwellings and lodges are permit#ed uses on any floor above the second floor above grade. Section 18.24.040, {Permitted and Conditional Uses -Second Floor) of the zoning code, identifies uses which shall be permitted on the second floor of a structure above grade. Section 1$.24.~4Q also indicates that a Conditional Use Permit will be required for any use which eliminates any existing dwelling or accommodation unit or any portion thereof. Gurrently, this requirement its not applicable to uses afio~e the second floor {Section 18.24.Q5p). Staff believes that an amendment should be made to Section 18.24.050 (B}, to include text requiring a Conditional Use Permit far any use which eliminates any existing dwelling or accommodation unit ar any portion thereof above the second floor, similar to that which is required far uses on the second floor. Staff feels this amendment should be made to create consistency within the zoning code and to help carry out the intention of the permitted and conditional use sections of the Commercial Core I and Commercial Core Il zone districts. It is the staff's opinion that it has been the intention to allow dwelling or accommodation units to be eliminated (above the second floor} and replaced by other permitted ar conditional uses subject to the issuance of a Conditional Use Permit. While it is true that the elimination of a. dwelling unit or accommodation would be looked at through the Conditional Use Permit process, the elimination of a dwelling unit or accommodation unit is currently no required to be reviewed should the use remain residential. This situation has occurred when a property owner proposes to combine one or moro dwelling units or accommodation units into one ar more new enlarged units. In this situation, the use has remained residential, however, there has been a reduction in the number of overall units. Staff's proposed amendment to Section 18.24.050 (B} will ensure that such requests are reviewed in accordance with the Conditional Use Permit chapter of the zoning code. • • ! IL PROPOSED AMENDMENT The proposed addition to Section 18.24.050 (B) is shown below. The addition appears as ~i~e t~~ ....... . 18.24A50 Permitted and conditional uses -Above second floor. A. The following uses shall be permitted on any floor above the second floor above grade: 1. Multiple-family residential dwellings 2. Lodges B The folbwing uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a canditianal use permit in accordance with the provisions of Chanter 18.80 l~u ~~t'irn~ta;d':,cr ca~tt4;J~.~~1€~e.::t~h~i.~I~rn~n~:t~~:.an:~~.~x+~~~..~,,;r,~~~~r.~.f 1. Retail stores and establishments, including the following: Apparel stores, Art supply stores and galleries, Bakeries and confectioneries, restricted to preparation of products specifically for sale on the premises, Bookstores, Camera srores and photographic studios, Chinaware and glassware stares, Delicatessens and speciality food stores, Drugstores, Florists, Gift shops, Hobby stores, Household appliance stores, Jewelry stores, Leather goods stares, Luggage stares, Music and record stores, Newsstands and tobacco stores, Photographic studios, Stationery stores, Toy stores, Variety stores, Yardage and dry goods stares, Liquor stores, Radio and TV stores and repair shops, Sporting goods stores; 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars, Coffee shops, Fountain and sandwich shops, 2 Restaurants; 3. Professional offices, business offices, and studios; 4. Hanks and financial institutions; 5. Personal services and repair shops, including the following: Barbershops, Beauty shops, Business and office services, Small appliance repair shops, Tailors and dressmakers, Travel and ticket agencies; 6. Theaters; 7. Additional uses determined to be similar to permitted uses described in subparagraphs 1 through 5 of this section in accordance with the provisions of Section 18.66.040, sa long as they do not encourage vehicular traffic; 8. Reserved; 9. Dog kennel; 10. Type III EHU a5 defined in Section 1$.57.060; 11. Type lV EHU as defined in Section 18.57.070. (Ord. 8{1992) § 21: Ord. 20(1982) § 5: Ord. 8(1981) § 2: Ord, 26{1980) § 2 (part}: Ord. 16(1975} § 3(A}(D}: Ord. 8(1973) § 8.200(D).) III. CONFORMITY WITH THE TOWN'S RELEVANT PLANNING DOCUMENTS In considering the proposed text amendment change to Section 18.24.060{B}, staff relied on several relevant planning documents before making a decision. Specifically, staff reviewed the purpose section of the Commercial Core I (CCI) and Commercial Core II (CCII) zone districts and the goals and objectives stated in the Vail Village Master Plan. According to Sections 18.24.010(Purpose, Commercial Core I) and 1$.26.010 (Purpose, Commercial Core Il), in part, the purpose of the CCi and CCII zone districts is to provide sites for a mixture of multiple dwellings, lodges and commercial establishments and to maintain the unique character of the Vail Village and Vail Lionshead pedestrian environment. Upon review of the Vail Village Master Plan, staff has identified the following goals, objectives and policies as being relevant to the proposed text amendments: GOAL #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Vail Village in order to sustain its sense of community and identity. 1.2 OBJECTIVE Encourage the upgrading and redevelopment ofi residential and commercial facilities. GOAL #2 To foster a strong tourist industry and promote year round economic health and viability for the Village grid for the community as a whole. 2.3 OBJECTIVE Increase the number ofi residential units available for short term overnight accommodations. 3 2.3.1 POLICY The development of short term accommoda#ion units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available far short term overnight rental. 2.5 OBJECTIVE Encourage the continued upgrading, renovation and maintenance of existing lodging in commercial facilities to better serve the needs of our guests. iV. STAI=1= RECOMMENDATION Staff feels the proposed amendment to Section 18.24.050 (B), as described in the memorandum, will create consistency within the zoning code and will help carry out the intention of the permitted and conditional use sections of the Commercial Core I and Commercial Core I I zone districts. Staff believes it is the inters#ion of the zoning code to allow dwelling or accommodation units to be eliminated above the second floor to allow for another permitted or conditional use, subject to the issuance of a Conditional Use Permit in accordance with Chapter 18.60. The proposed amendment will ensure that a request to combine or enlarge existing accommodation or dwelling units into one or more larger units will be reviewed by the Town of Vai! Planning and Environmental Commission. f:leveryonelpeclmemoslzoning.n27 ~ PLANNING AND ENVIRONMENTAL COMMISSION November 27, 1995 Partial Minutes 2. A request for an amendment to Chapter 18.24.45Q, Permitted and Conditional Uses Above Second Flaor, to clarify the Zoning Code regarding the removal of dwelling units and accommodation units for all floors above the second floor, requiring a Conditional Use Permit. Applicant: Town of Vail Planner: George Ruther George Ruther gave an overview of the request and stated that he was bringing it to the PEC as a housekeeping item. If we are proposing to keep the use the same, there would be no change in the permitted use. This change in the permitted use is in the staff memo with the language. Staff feels this change should be made to create consistency in the code. Bob Armour asked Tam Moorhead it he was going to say anything on this subject. Jim Lamont, representing the EVHA, would like to see the language strengthened and is in favor of the change, because it promotes the mixed use in the neighborhood. Greg Moffet asked if we were recommending this to go to Council. George Ruther said yes, that any change to an Ordinance goes to the Council. Greg Amsden is against it because it is an addition to a process that is not needed. Jeff Bowen said it tightens up the Ordinance. He proposed that in addition to the staff's language some of the uses in the memo should be deleted such as delicatessens and speciality food stores, Variety stores, Liquor stares, Radio and TV stores and repair shops and kennels. Dalton Williams said it reduces density in the wrong place and so he is in favor of it. Dalton said to delete dog kennels, but wants to stick with the text that staff recommended. Henry Pratt falls between the two Gregs. He can go either way. Bob Armour is in favor of it. Jeff Bowen made a motion to approve this request for recommendation to Council with the additional language that dog kennel and Household Appliance stares be removed. Greg Moffet seconded the motion. Dalton Williams said he hates to tinker with the wording on the spur of the moment, although he is not in favor of dog kennels being included. Jeff Bowen reminded the Commissioners that this is going to Council. The vote was 4 in favor and Greg Amsden and Dalton Williams opposed. ~< .~ ~I~ _. X Z7 (D cu C Q. ~w ' :N ~ cn ~- ~ y (D ~. d ~ Q O_ Q O ~ Qa a~ ° o_ ~' o ~~i~ ~'m b ~~ Q ? 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