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Home My WebLink About1996-16 Amending Title 18 Zoning, Sections 18.26.040, 18.27.030, 18.28.030, 18.28.040, and 18.29.030 of the Zoning Code to Add Brew Pub as a Conditional Use in the Commercial Core II, Commercial Core III, and Others. 4 ~, ~ f ORDINANCE N0.1G Series of 1996 AN ORDINANCE AMENDING TITLE 18 ZONING, SECTIONS 18.26.040, 18.27.030, 18.28.030, 18.28.040 AND 18.29.030 OF THE ZONING CODE TO ADD BREW PUB AS A CONDITIONAL USE IN THE COMMERCIAL CORE 2, COMMERCIAL CORE 3, COMMERCIAL SERVICE CENTER AND ARTERIAL BUSINESS ZONE DISTRICTS AND DELETING BREW PUE3S AS A PERMITTED USE IN THE COMMERCIAL SERVICE CENTER ZONE DISTRICT OF THE VAIL MUNICIPAL CODE. WHEREAS, Sections 18.26.040, 18.27.030, 18.28.040 and 1$.29.030 of the Zoning Code contain the conditional uses permitted in the Commercial Core 2, Commercial Core 3, Commercial Service Cen#er and Arterial Business zone districts; and WHEREAS, the Vail Land Use Plan goal 3.5 states that entertainment oriented businesses and cultural activities should be encouraged in the core areas to create diversity. More night time businesses, an-going events and sanctioned "street happenings" should be encouraged; and WHEREAS, the Vail Land Use Plan goal 3.4 states that commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs; and WHEREAS, the Town Council is promoting economic development and supports local bUSIne5SeS; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval (unanimously) of this amendment to the Vail Municipal Code at their August 12, 1996 meeting; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend said Sections of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: [Note: Text which is sttieksrt is being de4eted and text which is shaded is being added.] Page l of 6 SPCtian 1. Chapter 18.26, Section 18.26.D40 (J), of the Vail Municipal Code is hereby amended to add the following: [CC2 zone disfrict~ J. Brew pubs as defined;herain, subject to-the following coridtit~ns: There is na exterior storage of 5~pplies, refuse, or , ~,aferials nn the property upon. which the -brew pubis operated; and 2. The oporator of the brew pub shah 4~,, }p1y with the Town's' loading and delivery regulations asset°fnrth°herein acid 3. Brew: pubs'which sell b~er-or ale: at wholes~ile or which sell beerfor off-:site cansumptiorl are allowed so long as the total Qf wholesale sales ;and sales for offwsite.cansumption do not exceed forty-five percent (45%) of the product manufactured by the breurpub;cin an annual l~asi5 ,Section 2. Chapter 18.27, Section 18.27.030, of the Vail Municipal Code is hereby amended to add the foiiow'tng: [CC3 cone districf~ Q. Brew pubs,asde€ined herein, subject~tothe~folli~wing,~~,~~ditlons There is -na exterior storage. of ;supplies; refuse, or .materials on the property upon }which-the brew pubis. operated, W~nct 2. The operatar;af°the brew pub shall comply with the Tawn's loadipg and _deGvery regulations as set~forth hereiq, and 3. 13rew:pubs which sell beer-or:ale-at wholesale or which sell` beer for off=alts consumption are allowed. sa long :as the=total of wholesale sales and sales fir off-site eonsumptio'ri da nQt~ exceed :forty~tiue percent (45%) of thee. product maniifaature`d by-the brew.pub on>:an annual basis; Section 3. Chapter 18.28, Section 18.28.030, of the Vail Municipal Code is hereby amended to delete the following: [CSC zone district] 'W • """"' Y~~. r... ~e~ri Uv ~1IIf 1 ~ V.L7T'p~3 v~ thL~~d,l 0 Fags 2 of 6 ., '+ ~ • • ~. 9, r°~:J9£i-9r-+1~1:E~'I~IS ~:: try ~rcp't~ t~sn :;i~ieb-4`~~ 13r;,.~' ;_.we-tom ..~.efate~;-~a~ 2. Tl,o or,~-:} th~~ ~rt~p;~w :,a~l+es-with tI;E Tsa;-, ~~i}'~-iee~ ark 1: ~8,-~~ien 1~:~2.109-e#-the T3~+} 3. Th:,ti a:~ i,~ ~~Icc :~ b~., ssl~ ~d nc ~~les-€~r a#-site Section 4. Chapter 18.28, Section 1$.24.040 (L), of the Vail Municipal Code is hereby amended to read as follows: [CSC zone district) >_. Drew-}~uh~ ~ f~sef~~:,ll L~~r ~; ale ~t-w~ref.:.:.a14-er~rietrssll tsar ~r''° r~ -~ :~- ~~ . EE 1 E ~:1~-SQiic3 €~:~ 3~^9tta :.:.~stio~Ym~i@f} £~L3 nit G~9i~-~lif~ P~ ~'~,ti£d t~" :~-~~ I~rc11V-~3t1~ 3~ L. Brew pubs'-as defined herein, subject to the following: conditions 1. There is~na exterior storagE of supplies; refuse, or materials an the property uponwhich the-brew pub is operated;-.:and 2. The operator of the. brew-pub shi~li comply with the Town's loading and det'ri~erj regulations as set forth herein; and 3. ®rew~ pubs which sell .beer-or ales-at wholesale or which sell: beer far vff~stte cunsumptian are allowed sa=lgng as tlle:.total of who`iesale;'salesand ~eles for off-site consumption do not exceed forty:,-fire percen# {4fi°1o) of the product manufactured by the brew pub an.an arrnuai faasis Section ~. Chapter 18.29, Section 18.29.030 (A}, of the Vail Municipal Cade is hereby amended to add the following: [ABD zone districf - generailya [Note: Existing uses here remain unchanged. This use should be placed in alphabetical order.] Page 3 of 5 c y 4 ~ Brew-pubs as.tlefrned herein, subject=#a the following conditdns There is no exterior storage of suppii~s; refuse, or matrais an the praper#y upon which #he; brew pub is operated;' grid 2. The operator ofi the brew pub ~ha11 comply with the Town's loading=~nei delivery regulations a5 set forth herein;:and 3. Brew pubs which sell beer or ale at wholesale ar which sell beer for off=site consumption are allowed so long as the total of wholesale. sates :and sales ;fit~r aff-site consumptipn da°not`exceed forty-five percent {~4$%) of the product Section 6. manufactured by the brew3pub on an annual basis. Chapter 1$.29, Section 18.29.x30 {B), of the Vail Municipal Code is hereby amended to add the following: [ABD zone district -first floor or street Ievel~ [Note: Existing uses here remain unchanged. This use should be placed in alphabetical order.) Brew pubs as :defined~fierein, subject to the folio. wing ..conditions': There is<no exterior_storage ofi;supplies. refuse, or materials an;the proper€y upon. which the :brew pub is ;operated; and 2. The operator ofi the brave pub shall comply with the. Town's loading arxd.deliuery regulations as set forth"herein; and 3. Brewpubs=which sell°beer_or'ale at w#~olesale~~or which sell beerfor off=site consumption are allowed so long as°the total Qf wholesale sales and,sales for off-site consumption do not~exceed°forty-five percent {4$%a} of the product Section 7. manufactured 6y the brew pub on an ;annual 'basis !f 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 Tawn 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. Page 4 of 6 ., ! • Section 8. 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 9. The amendment 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 10. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN 1=ULL, this 3rd day of September, 1996. 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 17th day of Septebmer, 1996, in the Municipal Building of the Town. f Robert W. Armour, Mayor ATTEST: J Holly McGutcheon, Town Clerk Page S of 6 • • • INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL THIS 17th DAY OF SEPTE R, 1996 Robert W. Armour, Mayor ATTEST: Holly McCutcheon, Town Clerk File:f:leveryonelordlordl 8,98 Page 6 of 6