HomeMy WebLinkAbout2003-33 Amending Sections 12-2-2, 12-6A-3, 12-6B-3, 12-6C-3, 12-6D-3, 12-6E-3, 12-6F-3, 12-6G-3, 12-6H-3, 12-6I-3 and 12-16-6 to Allow a Funiculars and Other Similar Conveyances as a Conditional Use in the Hillside Residential• • •
ORDINANCE NO. 33
Series of 2003
AN ORDINANCE AMENDING SECTIONS 12-2-2,12-6A-3,12-66-3,12-6C-3,12-6D-3,12-6E-3,
12-6F-3, 12-6G-3, 12-6H-3, 12-61-3, AND 12-16-6, VAIL TOWN CODE, TO ALLOW A
FUNICULARS, AND OTHER SIMILAR CONVEYANCES, AS A CONDITIONAL USE IN THE
HILLSIDE RESIDENTIAL (HR), SINGLE-FAMILY RESIDENTIAL (SFR), TWO-FAMILY
RESIDENTIAL (R), TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S), RESIDENTIAL
CLUSTER (RC), LOW DENSITY MULTIPLE-FAMILY (LDMF), MEDIUM DENSITY MULTIPLE-
FAMILY (MDMF), HIGH DENSITY MULTIPLE-FAMILY (HDMF), AND HOUSING (H) DISTRICTS,
AND SETTING FOR 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 these amendments at its November 10, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
Ordinance No. 33, Series of 2003
• •
VAIL, COLORADO, THAT:
Section 1. Sections 12-6A-3, 12-6B-3, 12-6C-3, 12-6D-3, 12-6E-3, 12-6F-3, 12-6G-3,
12-6H-3, and 12-61-3, of the Vail Town Code shall hereby be amended as follows:
(deletions are shown in st~ike~s~gf~/additions are shown bold)
12-2-2: DEFINITIONS:
FUNICULARS, AND OTHER SIMILAR CONVEYANCES: Exterior, fram-
like vehicles, designed to move up and down steep slopes by use of
rails or tracks.
12-6A-3: CONDITIONAL USES:
The following uses shall be permitted, subject to issuance of a conditional use permit
in accordance with the provisions of chapter 16 of this title:
Bed and breakfast as further regulated by section 12-14-18 of this title.
Equestrian facilities located on ttve (5) acne minimum lot size area on
property bordering public land.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-14-12 of this
rive.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
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12-68-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title.
Bed and breakfast as further regulated by section 12-14-18 of this title.
Dog kennel.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Public buildings, grounds and facilities.
Ordinance No. 33, Series of 2003 2
• • •
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type l/ employee housing unit as set forth in chapter 13 of this title.
12-6C-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the R district, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this
title:
Bed and breakfast as further regulated by section 12-14-18 of this title.
Dog kennel.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type ll employee housing units as set forth in chapter 13 of this title.
12-6D-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance ofa conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfast as further regulated by Section 12-14-18 of Phis title.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Public buildings, grounds and facilities.
Public or private schools.
Ordinance No. 33, Series of 2003 3
• •
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type 11 employee housing unit as set forth in chapter 13 of this title.
12-6E-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the RC district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16
of this title:
Bed and breakfast as further regulated by section 12-14-18 of this title.
Dog kennel.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-14-12 of this
Title.
Private clubs.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type 111 employee housing units (EHU) as provided in chapter 13 of this title.
12-6F-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16
of this title:
Bed and breakfast as further regulated by section 12-14-18 of this title.
Dog kennel.
Ordinance No. 33, Series of 2003 4
• • •
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Private clubs.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type 111 employee housing units (EHU) as provided in chapter 13 of this title.
12-6G-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the MDMF district, subject to
issuance of a conditional use permit in accordance wifh the provisions of chapter 16
of this title:
Bed and breakfast as further regulated by section 12-14-18 of this title.
Dog kennel.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Private clubs and civic, cultural and fraternal organizations.
Public buildings, grounds, and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type 111 employee housing units (EHU) as provided in chapter 13 of this title.
12-6H-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the HDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16
of this title:
Ordinance No. 33, Series of 2003 5
• • •
Bed and breakfast as further regulated by section 12-14-18 of this title.
Churches.
Dog kennel.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-14-12 of this
title.
Private clubs and civic, cultural and fraternal organizations.
Public buildings, grounds and facilities.
Public or commercial parking facilities or structures.
Public or private schools.
Public park and recreation facilities.
Public transportation terminals.
Public utility and public service uses.
Ski lifts and tows.
Time share estate units, fractional fee units and time share license units.
Type /ll employee housing units (EHU) as provided in chapter 13 of this title.
12-61-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the H district, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this
Title:
Commercial uses which are secondary and incidental (as determined by the
planning and environmental commission) to the use of employee housing
and specifically serving the needs of the residents of the development, and
developed in conjunction with employee housing, in which case the following
uses maybe allowed subject to a conditional use permit:
Banks and financial institutions.
Eating and drinking establishments.
Funiculars, and other similar conveyances.
Health clubs.
Ordinance No. 33, Series of 2003 6
• • •
Personal services, including, but not limited to, laundromats, beauty and
barber shops, tailor shops, and similar services.
Retail stores and establishments.
Dwelling units (not employee housing units) subject to the following criteria to
be evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing
employee housing on the property, and
B. Dwelling units are not the primary use of the property. The GRFA
for dwelling units shall not exceed thirty percent (30%) of the total
GRFA constructed on the property, and
C. Dwelling units are only created in conjunction with employee
housing, and
D. Dwelling units are compatible with fhe proposed uses and
buildings on the site and are compatible with buildings and uses on
adjacent properties.
Outdoor patios.
Public and private schools and educational institutions, including daycare
facilities.
Public buildings and grounds.
Public parks.
Public utilities installations including transmission lines and appurtenant
equipment.
Type VI employee housing units, as further regulated by chapter 13 of this
title.
12-16-7-A11: FUNICULARS, AND OTHER S/M/LAR CONVEYANCES:
a. Funiculars, and other similar conveyances, shall only be allowed
when designed for the purpose of providing access to a residential
dwelling, as determined by the Planning and Environmental
Commission.
b. Funiculars, and other similar conveyances, shall only be allowed
when significant site constraints prevent conventional means of
vehicular access to the residential dwelling, as determined by the
Planning and Environmental Commission. Significant site
constraints shall be deFned as natural features such as mature
trees, natural drainages, stream courses, and other natural water
features, rock outcroppings, wetlands, excessive slopes, other
Ordinance No. 33, Series of 2003 7
• • •
natural features, and existing structures that may create practical
difFcu/ties in the site planning and development of the lot.
c. Funiculars, and other similar conveyances, shall only be allowed
when designed to be compatible with both the site upon which they
are located and the residential dwelling to which they provide
access, as determined by the Planning and Environmental
Commission.
d. Funiculars, and other similar conveyances, shall only be allowed
when designed to be appropriately screened from view, as
determined by the Planning and Environmental Commission.
Section 3. 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 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
Ordinance No. 33, Series of 2003 $
• • •
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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16"' day of December, 2003, and a
public hearing for second reading of this Ordinance set for the 6"' day of January, 2004, in the
Council Chambers of the Vail
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~.aFelei96naldson,
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Vail, Colorado.
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Rod Slifer, May
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6'h day of
January, 2004.
ATTEST:
elei onaldson,
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Town Clerk
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Rod Slifer, Mayd;f
Ordinance No. 33, Series of 2003 9