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Home My WebLink About2002-28 Amending Section 12-8B-3 Conditional Uses, to Allow for "Seasonal Use or Structure" as a Conditional Use in the Outdoor Recreation Zone District; Amending Section 12-2-2 Definitions to Amend the Definitions of "Seasonal Use or Structure"~ . • ORDINANCE NO. 28 Series of 2002 AN ORDINANCE AMENDING SECTION 12-$B~3 (CONDITIONAL USES}, VAIL TOWN CODE, TO ALLOW FOR "SEASONAL USE OR STRUCTURE" AS A CONDITIONAL USE #N THE OUTDOOR RECREAT#ON ZONE DISTRICT; AMENDING SECTION 12-2-2 (DEFINITIONS}, VAIL TOWN CODE, TO AMEND THE DEFINITIONS OF "SEASONAL USE OR STRUCTURE," "RECREAT#ON STRUCTURE," AND "RECREATIONAL AMENITY," AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its October 14, 2002, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Ordinance No. 28, Series of 2QO2 ~ . • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-8B-3 of the Vail Town Code shall hereby be amended with the addition of the following as a permitted conditional use in the Outdoor Recreation zone district: Seasonal Use or Structure follows: Section 2. Section 12-2-2 of the Vail Town Code shall hereby be amended as (deletions are shown in str+l4e t"rcugh~additions are shown bold) RECREATION STRUCTURE: Any covering erected over a recreational amenity; s~.h ~s a-sw;mming pael or }enni= .^~. which is not a seasonal structure. For the purposes of this Title, a recreation structure shall constitute site coverage but shall not be subject to building bulk control standards. Any recreation structure ' al use-garmit in Qosa~d-~r+~ith Chef thi€ ti*.le-aid is subject to design review. RECREATIONAL AMENITY: An exterior recreation based improvement or facility including, but not limited to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. SEASONAL USE OR STRUCTURE: A temporary covering erected nor ~~ resxeatisna~ ame~Htj~, °_kl^.". ~= a--sw;mmin~ pc sort, to accommodate or extend educational, recreational, and cultural activities #or ths-burp^se-e# @~c3r~~ln~ +heir_ ~ iee intn the rnlrl ,ue~+t.er msn~s. Such temporary seaser~E sever-s coverings may not be in place for more than seven (7} consecutive months of any twelve (12} month period. For the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure ."^!i d+t+enal :use-{anrmit in cc;~rd d~-~ith chapter 1 ~ 3~*.hi= fifle and is subject to design review. Ordinance No. 28, Series of 2062 2 ~ . • Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is far 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 4. 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 5. 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 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 6. 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. Ordinance Na. 28, Series of 2402 3 ~ ~ • INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of October, 2002 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: relei~onaldson, ,` ~~ OF ~/ SF~- ~®~®R Town Clerk ~~~'~~ Ludwig Kul( Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of November, 20D2. ATTEST: ~~ ~ ~ ~ ~~ ~ ' .q ~. ~ m,, ~-L-6relei onaldson, Town Clerk Ludwig Kurz, Mayor Ordinance No. 28, Series of 2002 4, nn,r•r~:..v. ~., Series of.2De2 " AN ORDINANCE AMENDING 12-88-3. (CONDn'kONAL USES)) VAIL ODE, TO p ~ ~ ~ ~ ALLOW FOR ' SEA$fSNAL U OROR STRUC- TURE" AS A CONDITIONAL USE IN THE OUT- DOOR RECREATION ZONE gISTRtCT; AMEND-' 1NG SECTION f2-2-2 tDEFiNITIONSI, VAIL TOWN COpE, TO AMEND THE DEFINITIbbNS OF. "SEASONAL USE OR STRUCTURE " "RECRFJI». TkON STRUCTURE," ANl), "RECREATIONAL PROOF OF PUBLICATION R~GaRDS!THERETO: NG FORTH DETAELS IN STATE OF COLORADO WHEREAS,.ihe Plannirg and Environmental Gom- mission of .ihe Town of Vail has held public hear- ings on the proposed-amendments in axordance with. the provisions of the Town Code of the. Town S+$.~ of Va+k; and WHEREAS, the Planning and Erivironmentaf Gom- COUNTY OF EAGLE mission'tinds.that the proposed amendments fur- Cher the development objectives of .ihe Town o1 yail; and wHEREAS; the Planning and Enmronmental Com mission of the Town. of Vert has reopmmended ap i . praval of this-text amsndmerit.at tts:October 14 f: - 2042," meetingg, and has subrrfittBd rfs reaommen _I dalivq,IbAhe Taivn Council;:and-- '~ '~ WHEREAS, the Vail Town .CounGl. considers :it fii ,. the Imteres) of the public:healtti, safety; and welfare`:. 1, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- to adopt the§e amendments to the Town Cede. _ " , per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a 7 WN COUNGIOL OF BTHE TOWNAOF~VAILYCOL general circulation therein; that said newspaper has been published continuously and uninterruptedly ORA-O;THAT: _ . ' in said County of Eagle far a period of more than fifty-two consecutive weeks next prior to the first section f, Section tz-eR-s of me vaif To>kr; publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the Cade shat! trereby be amended as follows: United States mails as a periodical under the provisions of the Act of March 3, f $79, or any amend- {aeletiona are spawn in etr+ke•fk~eaelFaradditions are ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices Shown bold> . and advertisements within the meaning of the laws of the State of Colorado, tz-ae-s:caNOITIONA~usES: The following conditional uses sfiall be permitted, subject,to issuance of a condilivnal use permit in That the annexed legal notice or advertisement was pub 'shed in the regular and entire issue of every accordahce with the provisions ni Chapter i6 of, this Title: number of said daily newspaper for the period of ......... ..... consecutive insertions; and tha~ first Accessory buildings. (permanent and temporary) sad uses cuslomarily inddental and accessory to publication of stud notice was in the issue of said newspaper dated .~~,,~„?,,,.,~ .,,,,,, _ s@rmitted orcond;u~onatoutdoar recrearianal sees, sC ionastas'~ g puoldin seed similahere~f' includ'sng A.D, ~~a>~, aCn/d that the fast publicatien of said notice was in the issue of said newspaper ~ ,restrooms dr ktn " s unialhs, bleachers,' conces~ """ Equestrian trai4s, used only to access NationeE tor- est system! kandg. In witness whereof I have hereunto set my hand this ...~~.,day of .,... ' ~, ,Public parks- and active public outdoor recreation ' ' " "' .areas antl uses, excluding hurldmgs. Seasonal Use or Structure Slcr lifts, lbws and runs. ................................ .......... well water treatment facilities. - Publisher Section 2. Section 12-2-2 of the Vail Town Coda. - ~ shall hereby beamehdr•d aS4ollows: , " Subscribed and sworn to before e, a tary public in and for the County of Eagle, State of Colorado, {deletions are shown m strike.ttiroughladditions ate y ~x ~ shown bald) this ....... ... ........ da Of .... ,r . d2'2-2: r)EFINITIONS: ~ RECREATION sTRUCTUFE: Any covering erect- etl'over arecreational amenity eerel- __' _., `wre- rpHgg..geeE.g~;~:..:'_ ~_-~rtr which is,hot a seasonal structure. Far the purposes of this Title, a recrea- tion structure shall constitute siie. coverage tiut s5aN ndt be sud}}eat Yo building bulk _canirok stand- ards. Any recreation structure .:-.:uV _ ~di:. , - . '- -~ is subject to design review. •• ~ ~•••~ RE,CREATIQNA4 AMENITY: An exterior Notary Public based improvetrtenrar taciliry including; but not antl courts is imming .pools, -hoc tubs, athletic My Commission expires ,......~,~ ~ f1B d$d to s e rinks, skate parks, golf courses, driving.ranges, playgrounds, and other similar amenktles. • • SEASpNAL VSE. pR STRVCTVR : A temporary coverihQ erected ev, ~ • `~, tr e- :. .. 1'. "r to accommo- date or extend educaffahal, recce ipnaf, and duE- ~urat aotlvllles t: ?'' . {raeants•Ipr.erli.~ , , ._, , 4}i~Mtar ofr temporary more than Igeven (7~ cortseautlve anths oP any twelve (i2j month perlod..For ths_ rpoaae of tins die, a seasondl use or. structure fiatl not censtf- ~ute site Coverage and shall riot be ubJact tp polld- g bulk control atandarde, Arty - asonaf use or ~tructure aMaA-rNwn-r~1+~INe a' M~armltian is subject to {Fesign review: - - ~eMlan 8, - If any part, section; a bsectipn, sen• fence, clausegr.p rase of thla ordl.ance Is for any lesson held to be invalid, such d 191pn shall .not affect the".yallsilty of the remaining; - Ytlons of this Ordinance; and the Town Counclt ece6y declares It would -have peaead this ordln ce, and each part,. secllari, subsection, eante a, clause or phrase thereof, regardlssL of_tha f that any one or more parts, aectipna, aubsectl ns, sentences, clauses or phrases be declared Inv ids 9ectlan 4.. The. Tawn.Councfl her by ilnds, deter miriea and declares that this ordlna a.ls neceasa- rryy end pr er tor_Ehe health,.eafe and welfare of 1ha Town of Vall and the Inhabitants, heroot. not affect any rlght`.which:.has `a rued, anyy dutyy Imposed, arty Violation that 6ccurre prl6r tp the et• fecilve date heredf, any. piosaoutlgtl-dpmmencei#, nor any other action or proggeding;pacommanced under dr by virtue pf the provieipn, mended: The amendment of-any proNelon hers shall,nd! re• viva any praviaipn ar any-tlydlnan previously re- ppeated or aupereedetl unless a resaly stated lrereln.` - ~'. S~otlpn 8.. All faylaws; orders; res lutlpna and ar- dinances, or perts'thereot, -Incon scent herewith are re eased to the extent only cf e - h Inconsisten• cy. This rapealsr_ahall-irof`be con trued ~o revlae any bylaw; order, resolutlop or o Hance, or' part - ihereof, theretof9re repealed,' - - INTRBDUCEV, Rt:At] ON FIRST FiEAt]INt3. AP- - Ludwig Kurz, Mayor ATTEST; Lorelei Donaldson, Tdvm Clerk Publlahed In the Vafl Aally October i, , 2002. a ~i ~~ STATE OF COLORADO COUNTY OF EAGLE 268 PROOF OF PUBLICATION SS. • I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the tJnited States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments therecf, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Thaf the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ........1...... consecutive insertions; and that the first publication of said notice was in the issue of said newsllpaper dated ...~ , `~~ l ....~~,......... A.D.. ~"-~.Q,,.~..., and that the last publication of said notice was in the issue of said newspaper dated~fjiJrei~:h~4.u.;!~r„~ A.D......r.~ In witness wheregf I have hereunto set my hand this ..~~.... day ORDINANCE NV.'la Series of 2402 ncaxrrNa :ncngev. tNHEREAS; the Pl~rining and EhVironmerital Com• rriission ct 1hQ Town of Vail has held public hear- ings on the proposed amendments in accordance with the provisions of the Town Coda of the Town of Vail; and WHEREAS, the PEanning and Environmental Cam- mission finds that the proposed amendments tur- thar the de4alopment objectives of the- Town of Vail; and WHEREAS; the Planning end Environmerital Com- mission of the Town of Vaif has recommended ap- proval of this taxi amendment at Its goober-14, 2042, meetingg, .and has subrrtitted7ts.re8ommen- dation to the Town.Council; and WHEREAS; the Vall Tgwn gouncil flntls that the amendments are~bonsistent with Fhe~applicable~el- ernenis of the rtdopted goals, objecfnies and poli- ofas` outlinetl in the Vall Comprehensive Plan and is compatible wiln the davalopmerit objectives of tho Town; and 1NHEREAS, the Vall Town -Council finds that the amendments further the ggeneral and specfftc pur- poses of the Zonin Regulations; antl WHEREAS, the Vail Town Council finds. that the amendments promote the health, saletyc morals, znd general Welfare of the Town and promote the coo mated and harmonious developmast of tfie Town in a manner that ponserves and., enhances its natural environment and Its establi8hed character as a resort and residential community of 4he high- est quahYy: HOW, TFIEREfOpE,:BE tT ORDAIHEO. BY THE TDWN. GOUHCIL OF THE TOWN OF VAIL, COL• ORADO,THAT: Sectlan t. Section 12.8B-3 of fha Vail. Town Code snAll hereby be amended vuitn the-addition of the following as a permitted cnnditional use in the Outdoor Recreation mna district: Seasonal ilea or Structure Section 2. Section 12.2-2 of the Vail Town Cad's shall hereby be amended as follows: (deletions are shown in efrike-tkrsugkladditions ere snawn bold) 7 RECREATION STRUCTURE: Arry.covsring erect, Cr ed over a recreational amenity, e'-` ' - :. _ ~a±- ~lY - teat". ' tr whim is not s seasonal Structure. For the purposes of this T_iUe, a rscrea- ~~~~n structure shell constihtte site dpverage but s}iall not..hs subject [n_ building bunt-cbntrclstand- ` 'ds. Apy recreation. etrttctyfr&,3kall ~,~, :, _,~._i=aari- N'liaaiife:anellssubiect to dealgn-review. _. ~IECREi1TlONAL AMENITY: An ~ exterior Subscribed andrs7worn to beta me, a notary public in and for the Caunry of Eagle, State of Colorado, this ............. ..d.Z-.. day of .. ~~1 Notary Public My Commission expires ... ..............~.~ based imprpvanrent W facHity Inetutling, but net • limked Yo, swimming pools, hat Wbs, athletic fields - . and c9urts, ice rinks, skate parka, goH courses, driving ranges, playgrounds, and other stmHer amenities. , SEASONAL USE aR 3TffUC7UFIE: A tam - - covering. erected . ae-a-s~ . -' ' io.adcommo- date or extend educatio al, recrestiontal, end cul- tural activlttes `-- "' ease., • :~.:: : ~, coveringa may nor ue m pace ror fiore than seven (7) co~,~_seeccuhve mortths of-any- "`twelve {12) month periodfi:FOr the purpdsas of this Title, a seasoneE use or$truCture shall not consti- lute site coverage and snail not be subject to build- ing bulk control stentlards, seasonal use or structure eHa1F : ti:'- - - -. A~'' ub'e I design rediew. Section 9. If any part,Ysection, subsection,aen- tsnL•e,.ctause or p raso of this.ortlinanoe fs foriany - ; reason held to bs:trWaGd,sucn dec(sion'shall not d~f~t~ha atCdttgitKl2f~tlJ.e.;lsEZl~tmlla i~fS!Ags 9~~nis~:: • ardlnanca'. and the T+ It 'would gave passe part, section, Bubae phrase theeot, regart or .more parts, aectlt clauses or phrases lee $rrWlon 4. The Tow Ihes enrdopdsaclarea iF thsTown sf Vail and tr 8~setion 4• The amp the Town Cods as n if4t affect any right v nor any other acllvn of pn erpder sr by virtue d the I amendment of dny provls viva atry proulelon or any ppeealetl or auperserJad t herein, t3sodon 8. All bylaws, si dlnancea, sr parts 1here+ are reppealed tc the extent cy, Tfris repealerehall nc any bylaw, ardsr, resolutl+ thereof, theretofore repeah r1 LJ hereby dscfarea anCe. and each tics, .clause or act.that any one on&-sentancea. alldj of any pproWalon of this grdlnance'shall accrued, any tluttyy cared pdar to the sf- cutlgn commenced, flog as commenced don amended.-'The +ereby-shall not re- iance previously re- a expressly elated reaolutlsna antl or- i or ordinance, or part FIRST READIN4, AP- PUL31.i°.{NE170NCE iN this 1Sth day o1 Octa• tog for ssaond readinq_ r 5th day of November, sere of ihe.Vap Munici• Ludwig Kurz, Mayer ATTEST: Larelel Donaldson, Town C ark READ AN[l APPROVED N SECOND READING AND ORP@FIED PURLfS ED thlsbth day of No- vember, 2002. - Ludwig Kutz Mayor ATT>=sr. Lorelei Dofraldaon, T Isrk < - _ .: Publiahod in the Vail 4ally ovember 7, 2002. ~';