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Home My WebLink About2003-18 Amending Section 12-2-2 Definitions, Title 12 Zoning Regulations, to Add Terms Used in the Determination of Building Height to the List of Definitions• • • ORDINANCE NO. 18 Series of 2003 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, TO ADD TERMS USED IN THE DETERMINATION OF BUILDNG HEIGHT TO THE LIST OF DEFINITIONS, AND SETTING FORTH DETAILS IN REGARD 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 January 13, 2003, 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. 18, Series of 2003 • • • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Sections 12-2-2 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in etc •.hrs~#/additions are shown bold) PRIMARY ROOF RIDGELINE, ASSUMED: The established centerline portion of a flat or mansard roof and/or the sloping ends of a gambrel or hip roof used in the determination of building height in the Lionshead Mixed Use 1 and 2 zone districts and as determined by the administrator. See figures 8-15(a-c) in the Lionshead Redevelopment Master Plan for additional clarification. PRIMARY ROOF RIDGELINE: Generally the highest or most dominant roof ridgeline(s) atop a building mass or series of building masses used in the determination of building height in the Lionshead Mixed Use 1 and 2 zone districts. See figures 8- 15(a-c) in the Lionshead Redevelopment Master Plan for additional clarification. PRIMARY ROOF: A roof which covers 500 or more square feet of building area. A primary roof shall not include required secondary roof forms, dormers, architectural projections, covered entryways, shop front colonnades, awnings, louvers, ports cocheres, covered decks, and other similar roof forms. This definition is used in the determination of building height in the Lionshead Mixed Used 1 and 2 zone districts. See figures 8-15(a-c) in the Lionshead Redevelopment Master Plan for additional clarification. DORMER: An architectural structure projecting out from a sloping roof of a building designed to provide fight, air, access, or interior volume to a space and usually containing a vertical window or ventilating louver, having a gable or shed roof, in which the total cumulative length of the dormer(s) does not exceed fifty percent (50%) of the length of the sloping roof, per roof plane, from which the dormer(s) projects. GRADE, INTERPOLATED: The re-established topographic conditions of a development site expressed in two-foot contour intervals and determined by connecting surveyed spot elevations located at 10-foot intervals around the perimeter of a property boundary and used in the determination of maximum allowable building height. 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, Ordinance No. 18, Series of 2003 2 • • • sentences, clauses or phrases be declared invalid. Section 3. 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 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. 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 5th day of August, 2003, and a public hearing for second reading of this Ordinance set for the 19th day of August, 2003, in the Council Chambers oft unicipal Building, Vail; Colorado. ~o~'~ of ~'~ ~EAL -~-~ P/~u--. udwig Kurz, Mdyor ATT T: ~o~~R~ orel~onalds n, Town C erk Ordinance No. 18, Series of 2003 3 ~ • • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19~' day of August, 2003. O ~ QF ~~ S~~' ATTEST: L i D~naldson, ~~~~~ Town Clerk Ludwig Kurz, Ndayor Ordinance No. 18, Series of 2003 t~ I 1 I • 0538 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 publiished in the regular and entire issue of every number of said daily newspaper for the period of ........./....... consecutive insertions; and tfh~at the first publication of said notice was in the issue of said newspaper dated ...Gs~„~.;/•••............ A.D....~.... and that the last publication of said notice was in the i//ssue of said newspaper dated.... ~~~~A. D.....c,~. In witness whereof I have hereunto set my hand this ......~r.... day of ... .:.~~:.~"~..~~.......... Publisher Subscribed and sworn to befor me, a notary public in and for the County of Eagle, State of Colorado, this ................~. ~...... day of ..... .,..~~........ ' Notary Public My Commission expires ... ..... .. ...1.. J . ~~ U~ ~ 14t~ H F~ .~ ~ ~ , fnlglCn ~~ ~ ~A ~ ~~~~M~~ ;: ~ " ~ ~' ~~m+dr ~~ ur~- ~' dr..~ .k~: ~'•ai at the ~doptrd 4a~ obM~ M uw ~ ~'R(ui ~ognp , m. ~r~J+~, ~e„. v~t~ ~nna. ~11~-fha ~ , anal ~. omoi+d;. .,~, ~ 'Ai<~; a~~~ . , x -x ~~ ~ r~ 4t lAa ^ ~ , A{Qw ~TMFRCGt~cc~ mc.'.~. .~.e.x....r `_~y~•~. ~ a^~*+Md oA fgltow~. ~ '~ r ~, '~~ ~..-,.-• °f a tdrrt sr r;la~IOP_M9~-0raaomdrMortir .. and 1p- dMOk+rP unn:&1~!i(n.oj ~I MooMpPtljn for aKd~' 'PMRpI~M-ARY RQQf ~ ~~ ~, ,. ,~i or moot ~,~ tn~y tflAlts 9r. MEIMy~ ~1M NMd {A d~ ~' , ~ . ~ i ~~~ awl A;a~+nr +` LlonohNd ., M1, PRIMARY RA4F: A root .whloh 0w'ora t;Oq ,K , 41n'x' 1Mt of ltllll Ml~. k ftlfA#~r ,~ c. -o. - ~ _ ~~RM+ `.~fl r. wnr v.;M<r rMi pt ff txFlfW~fp ,1+~ ;thy l.lon t~~ ~~~ ;g ` ~~~. ~rft~ d fi tt ~C~ v .not •xoMd tlflM P1Rt}n~ ~ ,f#t. ~, do~mNnY ~ ~r rogf .. , !"~;1 ,: Rrou-ren.~~. }> gyn.. ,Nl+-r,d ' nl~hlo oondttip~ of ~ ~ a I;F ~~MP-Whrdlow+t ~ t+Kk i, .~oj~*M~tl.~t~3~~loat~~rgorye~-_ti~~/~ p~i~(fe~y.C i • • ~ ~i51 PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am the Publisher of The Vaii 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 ' e insertions; and that the first publication of said notice was in the issue of said newspaper dated . ....~.~........ A.D.. // ~......... and that the last p~~uyybliyyc~~ation of said notice was in th issue of said newspaper dated6~~i.,e~p~... A.D........C~/.~............ In witness w(h)ereof I have hereunto set my hand this ..~.7. day of .... ....,..~G/..t/... Publisher Subscribed and sworn to befor e, a notary ublic in and for the County of Eagle, State of Colorado, this ...........Q~~...~... day of . .......~~.~ ,ry 3 Notary Public My Commission expires ................./....~V