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Home My WebLink About2003-11 Amending Section 12-10-9 Loading Standards, Vail Town Code, to Allow for an Amendment to the Size Requirements for Loading Berths• • • ORDINANCE NO. 11 Series of 2003 AN ORDINANCE AMENDING SECT{ON 12-10-9, LOADING STANDARDS, VAIL TOWN CODE, TO ALLOW FOR AN AMENDMENT TO THE SIZE REQUIREMENTS FOR LOADING BERTHS 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 amendment 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 April 14, 2003, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council finds that the proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves 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; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. WHEREAS, the Vail Town Council finds it in the interest of the pubic health, safety, and welfare to adopt this amendment to the Town Code. Ordinance No. 11, Series 2003 -Second Reading • • • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-10-9 of the Vai{ Town Code shall hereby be amended as follows: (deletions are shown in ,additions are shown bold) 12-10-9: LOADING STANDARDS: Standards for off-street loading shall be as follows: A. Location: All off-street loading berths shall be located on the same lot as the use served, but not in the required front setback. Off-street loading berths shall be provided in addition to required off-street parking and shall not be located within accessways. B. Size: Each required loading berth shall be not less than twelve feet (12') wide, ' thirty- five feet (35') long, and if enclosed and/or covered, fourteen feet (14') high. Adequate turning and maneuvering space shall be provided within the lot lines. At the Planning and Environmental Commission's discretion, variations to the minimum loading berth dimension standards outlined above may be approved or required, subject to the Planning and Environmental Commission finding that such variation is necessary to prevent negative impacts to the public right-of-way. C. Access: Accessways not less than ten feet (10') or more than twenty feet (20') in width shall connect all loading berths to a street or alley. Such accessways may coincide with accessways to parking facilities. Section 2. 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 3. The Town Council hereby finds, determines and declares that this Ordinance No. 11, Series 2003 -Second Reading 2 • • • ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. 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 5. Alt 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 6'" day of May, 2003 and a public hearing for second reading of this Ordinance set for the 20'" day of May, 2003, in the Council Chambers of the Vail Municipal B ' il, Colorado. .t~1'~ f ~/w . S~• / ~`p ~~~ Ludwig K~, Mayor ATT T: ~ataR~~ .. 6^ ~-. orel i Donaldson, Town Clerk Ordinance No. 11, Series 2003 -Second Reading 3 • • • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of May, 2003. a~~1 OF Vim! Ludwig Kurz, M~or ATTEST: orelei onaldson, Town Clerk Ordinance No. 11, Series 2003 -Second Reading ,4 »~~' ii' »~ ., 'fy, • ' ~ j. N ° 13 7 ~ lK r~ PROOF OF PUBLICATION j.'wlh~and STATE OF COLORADO SS. COUNTY OF EAGLE 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 United States mails as a periodical under the provisions of the Aet of March 3, 1879, or any amend- ments thereof, 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. That 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 .....~........ consecutive insertions; an hat the first publication of said notice was in the issue of said newspaper dated ......G~..... ~ ............... A.D. .~...... and that the last publica'ti~o+,n~of,,,said notice was in the issue of said newspaper dated..~..~.......... A.D ................ CJ.~ In witness whereof I have hereunto set my hand this .....~Q..... day ...... .......... ..:..G~J.y~... .............. ............. ...... .................. Publisher Subscribed an//d sworn to b ore me a notary public in and for the County of Eagle, State of Colorado, this .............,l..Q...... day of ..... .... .:...~~ My Commission expires ....~Q~„1....~.....~cf%C~~ Notary Public .~' e~•.odaii ~t+Z•10~ of the ,~il;'tI1Mm; ,, (e(e1llGons •ra atro+m In atttlae tlu,P4pEi,;~tlon}t s~W ahtlrm bold) YS~-'ifSdy: LOAAINCi $TANAARp$ ~ , i tlsGurdarr~4 tar otf•~tn*t IgatHnp shall ba as faltona,: ~. Looatlon: All adauwl iwgUiprb~tdtia %ahall t+e loaatad on tM sama let q tl» 6sa rued... lit npf In the rsuuNgd trorN wok. t7R-Mawt beeYw,ahaihl»' `kli.id~ilod~~o I+r+ `~oN•atrast~ ~rry~f not 4f foa~d, ~. , ~ ~ . A rai~• F,an, ~,n.d le.dlne,.~arth thlrgM t{wi ~Oeit {>~Q'~ ~10rrp, sue' ku~ 1ourlwrlMC 1 9 A1Wr, Ad,` n~patgeedmpaga m:ttnaSWgacR~ : hat 110) a~ tha~}~st~(2 ~Iri w~IdN+ 1 ghnnect all loading bathe o w or' ~!'" h ^a roay aolnGda v~h a~'OaaaaH s~+fl tt~p1UN-a. go112, Kany part, seolion, eubasotlon, tern r. rr ~ cr phraaa of thb oMkfantla la br a+1Y, iatll~ of tlu artna,tlsneor w~ clauN « 1t phrasaa be GaaNtrad Inya1M. .. .,. ~eTP~atYEUUar~g9Mt~wha~nktMnivt.' , ~, ,8a011On44a :::: i " - ok afaPry ~. •i~r ~e impose eny v dton t!w prior b _. ~taottw taabf, any prW~tlon , . ~ ~. peq ,, nor ary otlfar'aetwn er , r n 1110 tl ^ I' [uacNror 4Y uktur el tltfA ProvJtlonur~nrNd'71ts y.pmandrpenE of any p,ovlalon hereby shah pot re•: 1 wWe a~ provlaon or sey ordlnu~0a prsvioWl ~rp.; p,Mled gar wP+rsed!rc~ unlw !KFr!t~' ~'°,' Seotlon #: ' .~ DYIaM'e, erdanl, readuttorta arW QM1 ditwmsta, Or p~rle tharrpG Noo haMaWth joy, G~Is repNVer shall nol~ga ponetrusd•!0 ravles tltia~rsol,~ttfsleMloiw, or wdlnancs, or part '1NTRODUCEQ READ ON FIR37 REApMtq, Afti- xts arro a pttoao + , ror • , q a ;. N Ordlnanoa s~n~asl~oa~tM 'IMq ~~~~R~ M tq !n TM ~q' 0,'9EG3. . ~... ,.W ~., ,., .~........ ~54 PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE 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 United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, 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. That 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 .........~.... consecU~ive insertions; anQQd that the first publication of said notice was in the issue of said newspaper dated ..~7....Q~(J .................... A.D..~, e~...~..... and that the last publication of said notice was in the issue of said newspaper dated..~rQ,~.~.... A.D...........~........ In witness whereof I have hereunto set my hand this .... ~9. day of ....... ..~. Publisher Subscribed a d s~~wom to before , a notary public~in,,a^nd~for the County of Eagle, State of Colorado, this .........~.~l...... day,of . ~ Notary Public My Commission expires .........f~ . L.... ~~ ~~, ~ ~. ,,:_, ~~~': >rt: aeauma . CEQ _ Qtf !-U'SST REAOtNC~ .ikD n~ A~ ~ ~„ II~~y.~ ~Yyy~~V4~1lf~v R~~{~8,. ~oat_~r tx~o~xv, ropy{ G„awt ~ 1~., ?' Pu611ehed fn Tha Vail ~ 4WY 23; , ~`