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Home My WebLink About2003-36 Amending Section 12-7H-5 Conditional Uses; Generally (On All Levels of a Building or Outside a Building) to Amend the List of Conditional Uses and Allow Single-Family Residential Dwellings and Two-Family Residential Dwellings• • • ORDINANCE N0.36 Series of 2003 AN ORDINANCE AMENDING SECTION 12-7H-5, CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE A BUILDING), VAIL TOWN CODE, TO AMEND THE LIST OF CONDITIONAL USES AND ALLOW SINGLE-FAMILY RESIDENTIAL DWELLINGS AND TWO-FAMILY RESIDENTIAL DWELLINGS AS A CONDITIONAL USE IN THE LIONSHEAD MIXED USE-1 ZONE DISTRICT; AMENDING SECTION 12-16-7, USE SPECIFIC CRITERIAAND STANDARDS, TO ADD FOUR USE SPECIFIC CRITERIA TO BE USED IN THE EVALUATION OF A CONDITIONAL USE PERMIT REQUEST FOR SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL DWELLINGS IN THE LIONSHEAD MIXED USE - 1 ZONE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the text 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 text amendment furthers 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 November 24, 2003, meeting, and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the text amendment is 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 text amendment furthers the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the text amendment promotes 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. 36, Series of 2003 C • • NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-7H-5 and Section 12-16-7 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s#ilFe#~segk~/additions are shown bold) 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): 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. Brew pubs. Coin-operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Single-family residential dwellings Ski lifts and tows. Television stations. Two-family residential dwellings Additional uses determined fo be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. And, 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 11. Single-family and two-family residential dwellings in the Lionshead Mixed Use 1 zone district: Single-family and two-family residential dwellings shall be allowed when: Ordinance No. 36, Series of 2003 2 ~ • • a. Developed as part of a coordinated mixeduse development; and b. Alow-density residential scale is advantageous to create compatibility with or a transition to other low-density residential development in the vicinity of the coordinated mixed use development; and c. The single-family and fwo-family residential dwellings are designed to fhe same general scale and character of residential dwellings in residential zone districts that allow single-family and fwo-family residential dwellings; and d. The proposed coordinated mixed-use development containing the single-family and/or two-family residential dwellings is consistent with the intent and objectives of the Lionshead Redevelopment Master Plan. 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 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. Ordinance No. 36, Series of 2003 3 .~ • • 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 2"d day of December, 2003, and a public hearing for second reading of this Ordinance set for the 16~' day of December, 2003, in the Council Ch~ml~ers. `of~tl~;e Vail Municipal Building, Vail, Colorado. ~, ~~ x ~~ `~,~ r i ~ !' , ,~;,:~- Rodney Slifer, May6'f ATTEST: fe~~`.~ . ; - ~~. 1 ~~ or ei D naldson, T wn Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16~' day of December, 200 ~~ •'~ .- ~ ~~ ATTEST: orele~i Donaldson, Town Clerk Rodney Slifer, o? Ordinance No. 36, Series of 2003 4