HomeMy WebLinkAbout1998-10 Amending Title 12 - Zoning Regulations, Chapter 11, Design Review, Section 12-11-5: Design Guidelines: Adding a Provision Allowing Legal Nonconforming Single Family, Two Family, and Primary/Secondary Residential to be Expanded by 500 Sq Ft. •
ORDINANCE NO. 10
Series of 1998
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, CHAPTER 11, DESIGN
REVIEW, SECTION 12-11-5: DESIGN GUIDELINES; ADDING A PROVISION ALLOWING
LEGAL NONCONFORMING SINGLE-FAMILY, TWO-FAMILY, AND PRIMARY/SECONDARY
RESIDENTIAL DWELLING UNITS TO BE EXPANDED BY 500 SQ. FT. OR LESS WITHOUT
REQUIRING STRUCTURES AND SITES TO BE FULLY COMPLIANT WITH THE DES{GN
GUIDELINES; AND AMENDING CHAPTER 16, CONDITIONAL USE PERMITS, AND
CREATING A NEW SECTION 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS.
WHEREAS, the Town Council desires to allow homeowners the ability to construct small
additions to dwelling units without overburdening owners with costs associated with bringing
legal nonconformities into compliance with existing design guidelines; and
WHEREAS, the Town Council believes reorganizing certain sections of the Zoning
Regulations will make them easier to read and use;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of this amendment to the Vaif Municipal Code at its June 22, 1998
meeting; and
WHEREAS, the Town Council considers it in the interest of the public health, safety, and
welfare to amend said Chapter and Sections of the Municipal Code.
NOW, THI=REFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Title 12, Chapter 11, Design Review, subsection 12-11-3 is hereby
amended to add the following paragraph:
C. Nonconforming sites and structures; Effect of Design Guidelines:
Buildings and sites which are not in conformance with the Design Guidelines, due to
annexations or changes in code provisions (i.e., legal nonconformities), shall be required to
conform with the Design Guidelines when allowable gross residential floor area (GRFA) (the
GRFA that is permitted by the density control section of various zone districts), commercial floor
area, or garage area credit is added to any existing structure or site.
From the effective date of this ordinance (July 21, 1998), there shall be permitted aone-time
exclusion from this provision for an expansion to single-family, two-family, and
primary/secondary residential dwelling units. This one-time exclusion shall be allowed for a
single expansion of 500 sq. ft. or less of allowable GRFA or garage area credit per dwelling unit.
In which case, structures may be expanded without requiring upgrades to entire structures and
sites to conform with the Design Guidelines. The addition itself, however, shall conform with the
Design Guidelines. An expansion which is greater than 500 sq. ft., or any subsequent
expansion to a structure, regardless of size, shah require full compliance of the dwelling unit with
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General maintenance and upkeep of a property shall continue to be required regardless of the
amount of floor area added to a structure. The one-time exclusion noted above shall not
preclude the Design Review Board, pursuant to the Design Guidelines, from requiring
landscaping and other improvements necessary to buffer or mitigate development impacts
associated with the expansion/remodel.
Ordinance No. 10 ,Series of 1998
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Expansions made pursuant to Section 12-15-5, Additional Gross Residential Floor Area (250
Ordinance), shall require full compliance of the entire dwelling unit with the Design Guidelines.
Interior conversion additions pursuant to Section 12-15-4, Interior Conversions, shall not trigger
the requirement for upgrading sites and structures to fully comply with the Design Guidelines,
unless it can be classified as a demo/rebuild, pursuant to Section 12-2-2 of this Title. ~
Section 2. Major arcade, et al, listed in Title 12, Chapter 7, Sections 12-76-2(C) and
12-7E-4 of the Municipal Code shall be deleted and replaced with: Major arcade.
Section 3. Barber shops, et al, listed in Title 12, Chapter 7, Section 12-76-3(C) of the
Municipal Code shall be deleted and replaced with: Barber shops, beauty shops, and beauty
parlors.
Section 4. Bakeries and confectioneries, et al, listed in Title 12, Chapter 7, Sections
12-7B-2(B)(1), 12-7B-2(B)(3), 12-7B-3(B)(1), 12-7B-4(A)(6), 12-7B-4(A)(7),12-7B-5(B)(1) and
12-7B-5(B)(2) of the Municipal Code shall be deleted and replaced with: Bakeries and
confectioneries.
Section 5. Brew Pubs, et al, listed in Title 12, Chapter 7, Sections 12-7C-4, 12-7D-2,
12-7E-4, 12-7F-4(A), and 12-7F-4(B) of the Municipal Code shall be deleted and replaced with:
Brew pubs.
Section 6. Commercial storage, et al, listed in Title 12, Chapter 7, Sections 12-7C-4
and 12-7D-2 of the Municipal Code shall be deleted and replaced with: Commercial storage.
Section 7. Television stations, et al, listed in Title 12, Chapter 7, Section 12-7C-4 of
the Municipal Code shall be deleted and replaced with: Television stations.
Section 8. Transportation businesses, et al, listed in Title 12, Chapter 7, Sections 12-
7D-2, 12-7F-4(A), and 12-7G-3 of the Municipal Code shall be deleted and replaced with:
Transportation businesses.
Section 9. Title 12, Chapter 16, Conditional Use Permits, subsection 12-16-6(A)(7) is
hereby deleted in its entirety.
Section 10. Title 12, Chapter 16, Conditional Use Permits, Sections 12-16-7 and 12-
16-8 are hereby renumber as 12-16-8 and 12-16-9, respectively.
Section 11, Title 12, Chapter 16, Conditional Use Permits, Section 12-16-7 is hereby
added to read as follows:
12-16-7: Use Specific Criteria and Standards: The following criteria and standards
shall be applicable to the uses listed below in consideration of a conditional use permit. These
criteria and standards shall be in addition to the criteria and findings required by Section 12-16-
6.
Uses and Criteria:
Bakeries and confectioneries
The use shall be restricted to preparation of products specifically for sale on the
premises.
Barber shops, beauty shops and beauty parlors
No exterior frontage on any public way, street, walkway, or mall area is permitted.
Brew pubs
a. There shall be no exterior storage of supplies, refuse, or materials on the property
upon wn-cn me nrew pun is operated.
b. The operator of the brew pub shall comply with the Town's loading and delivery
regulations as set forth in this Title.
c. Brew pubs which sell beer or ale at wholesale or which sell beer for off-site
consumption are allowed so long as the total of wholesale sales and sales for off-
site consumption do not exceed forty five percent (45%) of the product
manufactured by the brew pub on an annual basis.
Ordinance No. 10 ,Series of 1998 2
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Commercial storage
No exterior frontage on any public way, street, walkway, or mall area is permitted.
Convenience food stores
a. Maximum store size shall be 8,000 sq. ft.
b. No more than thirty three percent (33%) of the gross building area of the entire
structure on-site.
Major arcade -
a. No exterior frontage on any public way, street, walkway, or mall area is permitted.
b. Amusement devices shall not be visible or audible from any public way, street,
walkway, or mall area.
Television stations
a. The production room/studio shall be visible from the street or pedestrian mall.
b. The television station shall be "cable-cast" only, requiring no additional antennas.
Time-share estate, fractional fee, fractional fee club, or time-share license proposal:
Prior to the approval of a conditional use permit for atime-share estate, fractional fee,
fractional fee club, or time-share license proposal, the following shall be considered:
a. If the proposal for a fractional fee club is a redevelopment of an existing
facility, the fractional fee club shall maintain an equivalency of
accommodation units as are presently existing. Equivalency shall be
maintained either by an equal number of units or by square footage. If the
proposal is a new development,•it shall provide at least as much
accommodation unit gross residential floor area (GRFA) as fractional fee
club unit gross residential floor area (GRFA).
b. Lock-off units and lock-off unit square footage shall not be included in the
calculation when determining the equivalency of existing accommodation
units or equivalency of existing square footage.
c. The ability of the proposed project to create and maintain a high level of
occupancy.
d. Employee housing units may be required as part of any new or
redevelopment fractional fee club project requesting density over that
allowed by zoning. The number of employee housing units required will be
consistent with employee impacts that are expected as a result of the
project.
e. The applicant shall submit to the Town a list of all owners of existing units
within the project or building; and written statements from one hundred
percent (100%) of the owners of existing units indicating their approval,
without condition, of the proposed fractional fee club. No written approval
shall be valid if it was signed by the owner more than sixty (60) days prior
to the date of filing the application for a conditional use.
Transportation businesses
a. All vehicles shall be parked upon approved parking areas.
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properties, consisting of landscaping and berms, in combination with walls and
fences, where deemed necessary to reduce the deleterious effects of vehicle
storage.
c. The number, size and location of vehicles permitted to be stored shall be
determined by the Planning and Environmental Commission based on the
adequacy of the site for vehicle storage. Consideration shall be given to the
adequacy of landscaping and other screening methods to prevent impacts to
adjacent properties and other commercial and/or residential uses.
Ordinance No. 10 ,Series of 1998 3
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d. Parking associated with transportation businesses shall not reduce or
compromise the parking required for other uses on-site.
Section 12. If 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 13. 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 14. 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 15. 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 FULL ON FIRST READING this 7th day of Juty, 1998, and a public
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hearing for second reading of this Ordinance set for the 21st day of July, 1998, in the Council
Chambers of the Vail Municipal Building, Vail, rado.
Robert E. Ford, Mayor
Attest:
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LoreleilDonaldson,
Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
21st day of July, 1998.
Attest:
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`-Corel~i Donaldson, Town Clerk
Ordinance No. 10 ,Series of 1998
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