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Home My WebLink About2012-21 Amending Height for Vail Town Code to Establish Allowable Building Height for Golf Course Clubhouses.ORDINANCE NO. 21 SERIES OF 2012 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO SECTION 12 -86 -7, HEIGHT, VAIL TOWN CODE, TO ESTABLISH AN ALLOWABLE BUILDING HEIGHT FOR GOLF COURSE CLUBHOUSES WITHIN THE OUTDOOR RECREATION DISTRICT, AND TO ALLOW FOR AMENDMENTS TO SECTION 12 -2 -2, DEFINITIONS, VAIL TOWN CODE, TO DEFINE THE TERMS GOLF COURSE AND GOLF COURSE CLUBHOUSES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; WHEREAS, golf courses are permitted uses within the Outdoor Recreation District pursuant to Ordinance No. 19, Series of 1995, and Section 12 -813-2, Permitted Uses, Vail Town Code; WHEREAS, golf course clubhouses are an accessory building and use customarily incidental and accessory to a golf course that are necessary for the operation thereof. Therefore, golf course clubhouses are conditional uses within the Outdoor Recreation District pursuant to Section 12 -813-3, Conditional Uses, Vail Town Code; WHEREAS, golf course clubhouses are an accessory building and use with unique and special characteristics that must be regulated differently than other accessory buildings and uses within the Outdoor Recreation District in order to achieve the development objectives of the Town; WHEREAS, it is necessary to define the terms "golf course" and "golf course clubhouse" in the Town of Vail Zoning Regulations in order to clarify the intent of this ordinance; WHEREAS, the purpose of this amendment is to establish an allowable building height specifically for golf course clubhouses within the Outdoor Recreation District; WHEREAS, on October 22, 2012, and on November 12, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend Section 12 -86 -7, Height, Vail Town Code, in accordance with the provisions of the Vail Town Code; Ordinance No. 21, Series 2012 -1- WHEREAS, on November 12, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the amendment; NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12 -2 -2, Definitions, Vail Town Code, shall be amended as follows (text that is to be added is bold italics and sections of text that are not amended have been omitted): Golf Course: A recreational facility primarily used for: 1) the playing of golf, exclusive of miniature golf, including holes consisting of separate tees, fairways, and greens, and 2) Nordic skiing; as well as related support facilities such as clubhouses, driving ranges, shelters, and other similar buildings and uses customarily incidental and accessory to a golf course, Golf Course Clubhouse: The principal building associated with a golf course, which contains facilities typically available in such buildings, including pro shops, administrative offices, locker rooms, restrooms, golf cart storage, eating and drinking establishments, meeting rooms, banquet facilities, community space and other similar uses. Section 2. Section 12 -813-7, Height, Vail Town Code, shall be amended as follows (text that is to be added is bold italics): 12 -813-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty four feet (24'). For golf course clubhouses, the height of a flat or mansard roof shall not exceed thirty feet (30') and the height of a sloping roof shall not exceed thirty -three feet (33'). Section 3. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The 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; b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that Ordinance No. 21. Series 2012 -2- conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 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. 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 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 7th day of May, 2013, and a public hearing for second reading of this Ordinance set for the 21st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vail, rado. Andrew P. Daly, ayor ATTEST: OE• I- elei ona dson, Town Clerk gyp: . S see '•••t... ••''O0 eot_o• �� Ordinance No. 21, Series 2012 -3- INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21St day of May, 2013. Andrew P. Daly, M or ATTEST: -- (,-" - A-44� Lo ei bonaldson, Town Clerk r�o�N•OF ` • • 1. . SEAL • Ordinance No. 21, Series 2012 -4-