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HomeMy WebLinkAbout2007-25 Amending Section 12-6B-2, 12-6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4 to Change Type II Employee Housing Units from a Conditional Use to A Permitted Use - - ORDINANCE N0.25 SERIES OF 2007 ORDINANCE N0.25, SERIES OF 2007, AN ORDINANCE AMENDING SECTIONS 12-66-2, 12- 6B-3, 12-6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, VAIL TOWN CODE, TO CHANGE TYPE II EMPLOYEE HOUSING UNITS FROM A CONDITIONAL USE TO A PERMITTED USE IN THE SINGLE-FAMILY RESIDENTIAL (SFR), TWO-FAMILY RESIDENTIAL (R), AND TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICTS, 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 Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its August 13, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed 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; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1 Section 1. The purpose of this ordinance is to allow Type II EHUs (employee housing units) as permitted uses in the Single Family, Two-Family, and Two-Family Primary/Secondary Zone Districts. (Text that is to be deleted is Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Article 12-6B, Single-Family Residential District (in part) is hereby amended as follows: 12-68-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. Type ll employee housing unit, as further regulated by chapter 13 of this title. Type IV employee housing unit, as further regulated by chapter 13 of this title. 12-6B-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. 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. T~ir, i, /I ~m~h~in~ hn~~c~in~ i~ni~ tee. c+nF fn rl~h in nh7 ntne_i? l,f 4hic~ fif/n Section 3. Article 12-6C, Two-Family Residential District (in part) is hereby amended as follows: 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. Type 1 employee housing unit, as further regulated by chapter 13 of this title. Type ll employee housing unit, as further regulated by chapter 13 of this title. 2 Type IV employee housing unif, as further regulated by chapter 13 of this title. 12-6C-3: COND/ TONAL 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 i6 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Dog kennel. 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. Section 4. Article 12-6D, Two-Family Primary/Secondary Residential District (in part) is hereby amended as follows: 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. Type I employee housing unit, as further regulated by chapter 13 of this title. Type ll employee housing unit, as further regulated by 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 this title. 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. 3 Section 5. Sub-Section 12-16-7-A (in part) is hereby amended as follows: 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA' Additional Site Coverage Garage Parking Minimum/ Density permitted by right or by Transference /Reduced Landscape Area Credit/Storage Maximum GRFA of condifiona/ use Requirement an EHU Type ll Permitted Use: The EHU shall not The EHU is n/a Allowed 300 sq. ft. of Per Chapter 12-10 as a 300 sq. ft minimum. Allowed as Single-Family be sold or entitled to an additional garage dwelling unit. 1,200 sq. ft. third unit on Residential, Two- transferred additional 550 sq. area for the EHU. maximum. property. Family Residential, separately from ft. GRFA credit. Does not Two-Family the unit it is All units not count as Primary/Secondary associated with. density. Residential constructed with a garage shall be required a minimum Conditional Use: 75 sq. ft. of storage ~~y area in addition to normal closet space. y~'i~ This 75 sq. ft. shall /~'e ss adaFy be a credit for Agriculture storage only. & Open Space 4 Section 6. 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 7. The Town Council hereb finds determines and declares that this Y r in o d ance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 8. 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 9. 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 No. 25, Series of 2007 5 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of August, 2007, and a public hearing for second reading of this Ordinance set for the 4th day of September, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~o~~N.o~R ey E. Slifer,`i~llay r ATTEST: ,y Lorelei Donaldson, Town Clerk ~ , f INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of September, 2007. Rodney E jSlifer, Ma~or ATTEST: °~N.OF ~ ~ ' ~ ~ Lorelei Donaldson, Town Clerk ' ;SEAL c'°~ oRPOo Ordinance No. 25, Series of 2007 6