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HomeMy WebLinkAbout1999-22 Amending Title 12, Zoning, and Title 13, Subdivisions, of the Vail Municipal Code, and Creating a New Title 14, Development Standards~f . ,~ • ~ ORDINANCE NO. 22 Series of 1999 AN ORDINANCE AMENDING TITLE 12 ZONING AND TITLE 13 SUBDIVISIONS OF THE TOWN OF VAIL CODE, AND CREATING A NEW TITLE 14, DEVELOPMENT STANDARDS, PROVIDING FOR THE ESTABLISHMENT OF DEVELOPMENT STANDARDS FOR PROPERTY fN THE TOWN OF VAIL AND PROVIDING FOR THE ADOPTION BY REFERENCE THE TOWN OF VAIL DEVELOPMENT STANDARDS HANDBOOK. WHEREAS, Town departments have worked collectively to consafidate and clarify development standards for development within the Town; and WHEREAS, it is advantageous for Town staff, customers, and citizens to have a clear understanding of what is required in order to build or redevelop in the Town; and WHEREAS, it is more efficient for the public and Town staff to have a handbook which contains the Development Standards; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this amendment to the Tawn Coda at i#s July 12, 1999 meeting; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend said Sections of the Town Code. NOW, THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL Oi= THE TOWN OF VAIL, COLORADO, THAT: [Note: Text which is si°ic;;~ is being deleted and text which is bolded and italicized is being added.] Section 1. Title 13, Chapter 2, Section '! 3-2-2, of the Town Codes is hereby amended to read as follows: Street, Private: "Private street" sha!! mean any street not dedicated to the public for purposes of vehicular ®r pedestrian use. a~ m~etin~ sae-e€~"r f~ s'1. `~;fcaed~~ ~sti~~e-#ect in Ise; Q, Prse+~Ii~-aeeess ~sr r.~o~e-t.".an t~1l~g•-a#+ts:- Section 1. Title 13, Chapter 10, Section 13-1 t)-•9(A}(9) of the Town Code is hereby amended to read as follows: 1 r E 9. Street Width: Street width shat! conform to the following: riYi~~ 1 'f +I Qw 711 *"xa:n g/ c ~,~ . o ~ng;~cr's a~eval-is _btair~a#~a~~ is prapescd tE be hated, the gr~c r.1ay bs up {~. 12~~1~c T ~r,.ppr (delete last line of table and footnote only] Section 3. Title 12, Chapter 10 (off-Street Parking and Loading), Section 12-10-7, of the Tawn Code is hereby amended to read as follows: 12-90-7: Standards; Authority to Adjust Parlring standards shall be these provided in Title 74, Development Standards. The standards set out in Sestisnc 12 1~' $ +~rsugh 1? 10 1^ a€-this C"?p;~ Title'4, shall govern the design and construction of all off-street parking and loading facilities, whether required by this Chapter or provided in addition to the requirements of this Chapter. Minor adjustments of the dimensions prescribed in this Chapter may be authorized by the Administrator if consistent with generally recognized design s#andards for off-street parking and loading facilities. Section 4, Title 12, Chapter 10 (Off-Street Parking end Loading), Section 12-10-5, of the Tawn Code is hereby deleted in its entirety. Section 5. Title 12, Chapter 11 (Design Review), SQC'tion 12-11-5 (Design Guidelines), of the Town Cc~eie is hereby deleted and replaced with the following: 12-'19-5: Design Guidelines The design guidelines for all developm~rat are con#ained in Title 74, Development ~ldrrcxaru~a, U1 ix"r+r Itlwrr l.C)[UE,'. Section 6. Title 12, Chapter 14 (Supplemental Regulations}, Sectiai~s 12-14-2: Fences, hedges, walls and screening; 12-143: Permitted exceptions to rteveloprnent standards; 12-14-4: architectural 2 . ~ ~- ~ ~ projections; 12-14-5: Porches, steps, and decks; 12-146: Balconies, decks, and stairways above ground; 12-147: Fire escapes; 12-14-$: Bay windows; and 12-14-9: Architectural projections above height limit of the Town Code are hereby repealed. Section 7. Definitions for the foiiowing found in Title 12, Chapter 2 (Definitions), of the Municipal Code are hereby repeated: Fuil cutoff; Light source; Luminous area; Outdoor fighting; and Source lumens. [Note: These are now contained in the Devetopment Standards Handbook] Section 8, Title 14, Devetopment Standards, is hereby by created and reads as follows; Title ?4 ©evelopment Standards Purpose and Intent It is the purpose of these rules, regulations, and standards fo ensure the genera! health, safety, and welfare of the community. These rules, regulations, and standards are infended to ensure safe and efficient developmenf within fhe Town of Vai- ~'or pedestrians, vehicular traffic, emergency response traffic, and the community at large. The Development Standards wiI! help pratecf property values, ensure the aesfhetic quakty of the community and ensure adequafe development of properfy within the Town of Vail. Ap,olicability Unless specifically exempted, the provisions of fhis code shall supplement any and all c;~isting laws a~ad shall apply to a1I persons, without restriction, and to conditions arising after the adoption thereof, !o conditions not legally in exisfence at the tr'me of adoption of #-a~i.~ rnnlr~. ~rFrl ~Fni rnnrlif,inn< ~ar~F^~irb~ e-a ;fiRn ,r~rnAna~?x+n rnlf fFn,~ ~Firp rf'IaRR,~F ~thn ICteRAdrtFre ~ ~~~..:-,~ ~~ fhP ~ Town Engineer, constitute a distinct hazard fo Iife or properly. 3 .- ! • ~ The vevelapment Standards shall apply to new development, as well as to modifications and additions to existing developments, unless specifically exempted herein. Admini:~trafion The Town Manager, yr Town Manager's designee, is authorized to make and enforce the rules and regulations contained herein in order to carry out the intent of the Development Standards. These rules, regulations and standards shall be initially adopted by ordinance by the Vail Town Council and shall exist as a supplement to the Vail Tawn Code as a "handbook" of Development Standards. Any amendments to the Development Standards shall require adoption by Town Council prior fa their enforcement. A copy of the approved Development Standards shall be filed with the Town Clerk's office. Where nv specific or applicable rules, regulations, ar standards appear to beset forth in this code, other rules, regulations, standards, guidelines, and recommended practices, as published by professional associations, technical organizations, model code groups, and similar entities, maybe used by the Town far guidance. Nonconformities Nonconforming sites and site improvements lawfully established prior to the effective date of adoption of the Development Standards may continue, subject to the limitations prescribed by Section 12-98, zoning Regulations. To encourage redevelopment, there shall be some flexibility granted to existing nancorrfvrming sites and sfruc#ures. However, wherever possible, compliance with the Development Standards shall be achPeved. The paving of existing Legal nonconforming, i.e. unpaved, driveways shall be allowed without strict compliance with the Development Standards. However, a reasonable at#empt shall be mac,'e to adhere as closely as possible to the Development Standards when paving existing drxr~eways. A sfructure, which is substantially derr~alished or reconstructed, as defined by Demo/Rebuild in the Zoning Code, shall be required to adhere to the Development Standards. 4 _~ ~ ~ ~ variances Variances to the Development Standards may be allowed when practical difficulties and unnecessary physical hardships inconsistent with fhe purpose and infenf of the Development Standards exist. Variances from fhe Development Standards shaft be in acc~~rdance with Section 9297, of the Vai! Town Code. The issuance of a variance shall not compromise the safety of a site or structure. Appe;GIs Appeals from decisions made concerning the Development Standards shall be in accordance with Section 92-3 of the Vail Municipal Cade. Adoption "Town of Vail Development Standards Handbook," was adopted by Town Council on September 29, 9599. Section 9. 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 Hart, section, subsection, sertence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section '10. 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 ~ 1. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effec#ive date hereof, any prosecution commenced, nor any other action or proceeding as 5 comrrrenced under or by virtue of the provision amended. The amendment of any provision hereby shat! not revive any provision or any ordinance previously repealed or Superseded unless expressly stated herein. Section 12. Ail 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this day of September 7, 1999. 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 21St day of September 1999, in the Municipal Building of the To~i. ' ~~ ~ ~' ~~~. / ' ~ Robert ~, Ford, Mayor ` •~~ ATTEST:""~~-~~•.., :;; ,. ,. i Lore~'ei Donaldson, Town Clerk WTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND AVAILABLE TO THE PUBLIC AT THE COMMUNITY DEVELOPMENT OFFICE THiS 21St DAY OFSEPTEM.I,~ER, 1999. ~~~~ '~~c~C ORF~%a.~`'s '~~ -~ Ludwig Kurz, o-Tem • ATT ST: ••~agaluulp,Ntlu~",. ti '~re4~i Donaldson, Town Clerk 6 • ...• O i.'ti • ~ ~~ ~~N ~~ ~~~ ~ ~ - '~ H ` ~ ~ ~ Q ~{~ ~ ~ Q C3 ~ Q. ~ ~ ~ _~ '~ Q N ~ ~ N ~ ~" C5 ~ v' G ~ cll C ~ J b ~. 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