HomeMy WebLinkAbout2007-35 Amending Section 12-6I-3, Conditional Uses and 12-16-7, Use Specific Criteria and Standards to Add "Professional Offices and Business Offices to the List of Allowable Conditional Uses in the Housing District ORDINANCE N0.35
SERIES OF 2007
ORDINANCE NO. 35, SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12-61-3,
CONDITIONAL USES, AND SECTION 12-16-7, USE SPECIFIC CRITERIA AND STANDARDS,
VAIL TOWN CODE, TO ADD "PROFESSIONAL OFFICES AND BUSINESS OFFICES" TO THE
LISTOF ALLOWABLE CONDITIONAL USES IN THE HOUSING (H) 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 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 October 8, 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:
Ordinance No. 35, Series of 2007
1
Section 1. The purpose of this ordinance is to amend Section 12-61-3, Conditional
Uses, Vail Town Code, to add "Professional Offices and Business Offices" to the list of allowable
conditional uses in the Housing (H) District, and to amend Section 12-16-7, Use Specific Criteria
and Standards, Vail Town Code, to add paragraph 15, "Business Offices and Professional
Offices in the Housing (H) District". (Text that is to be deleted is s#~iske~?. Text that is to be
added is bold. Sections of text that are not amended may be omitted.)
Section 2. Section 12-61-3, Conditional Uses (in part) is hereby amended as follows:
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.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs.
Personal services, including, but not limited to, Laundromats, beauty and barber shops, tailor
shops, and similar services.
Retail stores and establishments.
Business offices and professional offices as further regulated by Section 12-16-7 of
this title.
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
Ordinance No. 35, Series of 2007
2
C. Dwelling units are only created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the site and are
compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schools.
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant equipment.
Type VI employee housing units, as further regulated by chapter 13 of this title.
Section 3. Section 12-16-7 (in part) is hereby amended as follows:
15. Business Offices and Professional Offices in the Housing (H) District:
a. Business and professional offices shall be secondary to the residential use of
the District. The net floor area of the office use shall be not greater than 15 % of
the net floor area of the development site.
b. The sale of merchandise shall be prohibited.
c. Off-street parking shall be provided in accordance with the provisions of
Chapter 12-10 of Phis title and shall be clearly separate from the area
designated for residential parking.
d. No overnight parking or storage of commercial vehicles associated with the
professional or business office use shall be permitted.
e. Signage shall be permitted in accordance with Section 11-6-3
A: Business
Signs within Sign District 1 (Title 11: Sign Regulations, Vail Town Code) and
shall be subject fo design review.
f. The number of employees allowed in a business office or professional office
within the Housing District shall not exceed one employee for each 200 square
feet of net floor area.
g. Homeowner Association or property owner approval shall be required of all
Conditional Use Permit applications for a Professional Office or a Business
Office within the Housing (H) District pursuant to Section 12-11-4: B:D,
Application Form, Vail Town Code.
Section 4. 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
Ordinance No. 35, Series of 2007
3
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 5. 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 6. 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 7. 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 20th day of November, 2007 and a
public hearing for second reading of this Ordinance set for the 4th day of December, 2007, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. I e d, Mayor
Atte
Lo elei onaldson, Town Clerk :y
S.~ ''r
9
poi.
~nv~q'~ •
Ordinance No. 35, Series of 2007 ~Q/~
4
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 4th day of December, 2007.
/
Richard D. Clevelan~~Vlayor ,
A est:
~0~?V N •p,~L
LoreYei Donaldson, Town Clerk :
.
E
A~, .
~O •••N•••'•r
IQRA
Ordinance No. 35, Series of 2007
5
" r
I acknowledge the accuracy of the November 24, 2007 publication of
Ordinance No. 35, Series of 2007.
/~Z~
Matt Mire, Town ~forney
George Ruther, Community Development Director
r
Page C34 -Saturday, November 24, 2007 THE VAIL DAILY 970.949.0555/vaildaily.com
ORDINANCE NO. 35 ORDINANCE NO. 36
SERIES OF 2007 SERIES OF 2007
'ORDINANCE NO. 35, SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12.61-3, CONDITION- AN ORDINANCE PROVIDING FOR THE LEY:'
AL USES, AND SECTION 12-16-7, USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, ASSESSMENT AND COLLECTION OF TOW N
TO ADD°PROFESSIONAL OFFICES AND BUSINESS OFFICES"TO THE LISTOF ALLOWABLE CON- AD VALOREM PROPERTY TAXES DUE FOw
DITIONAL USES IN THE HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THE 2007 TAX YEAR AND PAYABLE IN THE
THERETO. 2008 FISCAL YEAR. ~ ~ }
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on WHEREAS, It is necessary for the Town Council r-. ti
the p p d amendments in accordance with the provisions of the Vail Town Code, and p oVde for the levy, assessment end c II t or ~ r
WHEREAS the Planri ng and Environmental Commies on of the Town of Vail recommended approval of Town ad valorem property texas due f the 20 (
these amendments at its October 6, 2007 meeting and h uhmitted its recommendation to the Vel year and payable in the 20081' !year ~A/ ;
Town Coun 1' a d -~M
WHEREAS th Planning and Envronmenlal Comm ss'o f ds that the proposed amendments are con- NOW. THEREFORE b it d ' d by the Town j
' tent wth the apptcable elements of the adopted goals bj t vas and pohc es out! ned n the Va I Com- Count I of the Town of Va'I C I do that ' { ,LaµtC4,.Y~
p ehens'rve Plan and are compatible vi th the development objectives of the Town, nd 1.Fmr the purpose of defray g an of the operar -1'_.
WHEREAS the Planning and EnVronmental Comm ssion fords that the proposed amendments promote ing and capital e~p es f the T of Vail Coln- 'two`
the health, safety rats end general welfare of the Town and promote the coord noted and harmonious redo, dui ny its 2008 fiscal year thenTown Council b 'df r.
de elopment of the Town in a manner that conserves and enhances its natural environment end 4s esteb- hereby levies a rap r tax of 4 742 mills upon j . Y a' '
li h d character as a resort and resident al communry of the h ghost quarry nd each dollar of the total ssessed valu at-on cf ' 9 n
WHEREAS, the Vail Town Count I cons dais it n the 'merest of the public health salary and welfare to $920,012,2)0 for the 2007 tez year of all taxable ~ ~4UfT ~'h",rr~?" ~°i
dopt these amendments to the Town Code properly within the Town wh'ch w II result -n ` ( 4 q),i ;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLD- gross tax levy of 54,363 022 calculated as followsa ,e ! Il~gi~L~Y,
l,7~ t` '
RADO, THAT: ?rd~---~.
Base mill levy 4.690 $4,314,856
Section 1, The purpose of this ordinance is to amend Section 72-61-3, Conditional Uses, Vail Town Code. Abatement levy .062 ~@-1Qq
to add "Professional Offices end Business Offices" to the I st of allowable condnional uses 'n the Hous ng Total mill levy 4 742 $4,363,022 • "
(H) Distr ct end to emend Section 12-t6-7 Use Spec f c Cr feria end Standards Veil Town Cade to add
paragraph 15 'Business Offices end Profess anal Off cos in the Hous ng (H) Diatr ct". (Tezl that is to be Saitl assessment shall be duty made by the Coun- y.
deleted s stncken. Text that is to he added s hold. Sections of tezt that ere not amended may be omn- ty f Eagle State of Colorado dratted by the q ~ , ~ T
red.) C lorado Revised Statutes (1973 as amended). ~ _
d as otherw se requ Tad by law. - 'may
an
Section 2. Sect an 12-61-3 Condit one! Uses (in art) is hereby amended as follows 2.If any part se tin ubsection sense I ~w„„~ ~ ~ -
The following conddonal uses shall be permitted In the H drstr ct subject to ssuence of a Condit onal use r phrase t th d ce ~ for any re s h Id to ,
o s „
p t ~ ccordance with the provis ons of ch pter 16 f th t tl ~ be inval d h d ~ ' n shall not affect th I j
C -al uses wh ch are secondary nd i 'd t I (a d t -ned by the planning end envvonmental 1 of the 9 p rtions of th-s ord J , ~ ~ ~ ;pF~yq'1
co - son) to the use of empl yea h ng d p tic Ily ng the needs of the residents of the de- the Town C 'I hereby declares T Id 1 r~ 4 -
v lopment and developed in I t' wtth employee housng in which case the follow n9 uses may be passed the ordina and each pans t r L:- t "'a. p'.
allowed subject to a cond't'onel use perm t'. Becton sentence clause or phrase there ot. r - ~
gardless of the fact that any one or mare par;
Banks and financial institutions. sections, subsections, sentences, clauses M
Child daycare facililias, phrases be declared invalid. -
Eeting and drinking establishments. 3.The Town Council hereby finds, determines. nr,. i ~ x
Funiculars and other similar conveyances. declares that the ordnance is necds a
Health clubs. proper for the health fety and welt rot~rh~.
Personal services, including but nrn hmhed to, leundromets, beauty end barber shops, tailor shops, end T vin of Va I and the nhab rants thereof
simdar servces. 4Th peal or the repeal and reenactm t f
Retail stores and establishments p f th M 'c pal Code of the T f v ~.~MV
p d d ~ th ordnance shall not ff t
Bus neu ofloss and profesalonsi offices as further regulated by Sestlon 12-16-7 of this title. 'ght h ch h u d any duty imposed y >rrar
I ti th t ed pr or to the effective d i
Dwelling un is (n of employee housing units) subject to the following critena to be evaluated by the hereof, a y p tion commenced, nor any ou.~ ~S _
e p oc
planning and environmental commission: r action or r eedings es commenced under :;i
by virtue of the provison repealed or repealed anal
A. Dwelling units era created solely for the purpose of subsidizing employee housing on the property, and reenacted. The repeal of any provision hereby
shall not revive any provision or any ordinance pr~-
B. Dwelling units are not the primary use of the vroperty. The GRFA far dwelling units shall not exceed viou ly repealed or superseded unless expre+.I,
thirty percent (30 of the total GRFA constructed on the properly, end stated herein.
S.AII bylaws, orders, resolutions. end ordinances /
C. Dwelling units are only created in conjunction with employee housing, and or parts Ih ere ol, incon istent herewith are re-
pealed to the eztent only of such ' consistency.
D. Dwelling units ere compatible with the proposed uses and buildings on the site and are compatible with This repealer shell not he construed to revise ar.y
buildings and uses on adjacent properties, bylaw, order, resolution, or ordinance, or parr
Outdoor patppios. thereof, theretofore repealed.
Public bu Idin vote schools. / ~ ~ /
gs, grounds and tacillties, INTRODUCED, READ ON FIRST READING, AP-
"c perks end recreational lacilitiae, PROVED AND ORDERED PUBLISHED ONCE IN
unties Installations including transmission lines and appurtenant equipment. FULL, this 20th day of November, 2007. A public
VI employee housing units, as further regulated by chapter 13 of this title. hearing shall be held hereon at 6 P.M. on the 4th
day of De mbar, 2007, at the regular meeting of
Section 3. Section 12-16-7 (in pan) is hereby amended es follows: the Town Council of the Town of Vail, Colorado. in
the Municipal Building of the Town.
15. Business Offices end Profewional Offices in the Housing (H) District: Dick Cleveland, Mayor
s.OHlees for physlclens, dentists end slmllar medical prsetlcsa abet! be excluded In the Housing
H11 District. ATTEST:
~.Bueineea and pro}aesional offices shall be secondary to the residential uas of the District. The Lorelei Donaldson, Town Clerk
not floor area of the office use shell ba not greeter then 15°h of the not Iloor area of the Published in the Vail Deil November 24, 2007,
development site. Y
c. The sale of merchandise shell be prohibited. (899341)
d.OH-street p king shall be provided in accordance with the provisions of Chapter 12-10 of this
title and shell be clearty separate from the eras designated for residential parking.
.No overni8ht parking or etorejfe of commercial vehicles eeeocieted with the profaaaionel or
business oHOe uas shall ba parmltted.
f.Signaga shell be permitted In accordance with Section 11-6-3-A: Busineaa Signs within Sign
DisMct 1 (Tilb 11: Si n Re clarions, Veil Town Code end shell be sub~ect to desi n review.
88 The number of employees allowed in a business o~ice or prolessiorial office w0hin the Housing ~ to m
Diatrid shall not exceed one employee for esch 200 square feet of net floor arse. ~
h.Homeowner Accociation or property o nor approval shall be required of ell Conditions! Uae ~
Permit applicaliona for a Professional Office or a Busmsse Office within the Mousing (H) District
pursuant to Section 12.111: B:D, Application Form, Vail Town Code.
Se lion 4 .If any part, section. subsection, sentence, clause or phrase of this ordinance is for any reason \ A/ee ks
held to be invalid, such decision shell not effect the validity of the remaining portions of this ordinance; end ?
the Town Council hereby declares it would have passed this ordinance, and each pert, section, , .
subsection. sentence, clause or brass thereof, regardless of the fact that any one or more parts, r
sections, subsections, sentences, cPauses or phrases be declared invalid.
Section 6.The Town Council herebyy finds, determines and declares that this ordinance is necessary end ~
proper for the heahh, safety end welters of [he Town of Vail and the inhebitenls Iheraof. ~ ~ ~ e ~
Section 6.The amendment of any provision of the Town Code es provided in this ordinance shall not lines
affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date
h r of, any prosecution commenced, r any other action or proceeding as commenced under or by virtue
of the provis on a nded. The amendm nt of any provision hereby shall not revive any provision or any ~ ~ C
ordinance previously repealed or superseded unless expressty stated herein. 1 1
Secti n 7.All bylaws, orders, resolutions end ordinances, or parts thereof inconsistent herewith are I
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any ~ ~ ~ ~ `t
bylaw, order. resolution or ordinance, or pert thereof, theretofore repealed.
INTRODUCED READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON FIRST READING this 20th day of November, 2007, and a pp blic hearing for second reading of this
Ordinance set for the 4th day of December, 2007, at 6:00 P.M. in the Council Chambers of the veil items under $1 000 are ~
Municipal Building, Vail, Colorado s
Dick Cleveland, Mayor free when you go online ~i~;, sl•
ATTEST.
Lorelei Donaldson, mwn clerk to place them! wrr.~," ~ r. ~ ~
Published In the Vail Deity November 24, 2007.(899023) -
Add photos & extra ; - 21P
- ~
.z
r `r.
n
escr~pt~o to you ~
4
classified ad! Online Description:
Puppies: Labrador retriever
Actual Print Ad Look: puppies. Shots. Ready now.
_ Only $300 each. These are
Puppies: Labrador ~ the best puppies ever.
Already partially potty
add up to 8 photos and unlimited retriever puppies. Shots. , trained and boy are they
Ready now. Only $300 each.: ever ready to start hunting.
Call 555-5555 for more info. ~ 80th parents on site. AKC
extra text to the online version of ;web ID:12345 registered. Strong family i
""j history available. Vou must 'i ~ ~ ax
your classified line ad. bola these puppies-you'll ifs- , ,~y
want them all. Email or t
r4~t.
~ ,,i/.
. , Y .
f 1 1 f/ Y 1 1 1 v r, .
1 Y / A. 1 1 1 1 1 / .11 Y 1 1 1 1 r~ 4 A
W~
1 ''1 1 1 r 1 1 1 '1 "1 1 1' 1 1